MAY 14, 1984 MINUTES
@it@ CD-f
"WORLD'S LARGEST RESORT CITY"
CITY COUNCIL
MAYOR LOUIS R. IONES, B.y@,d@ B.,@.,h
VICE-MAYOR BARBARA M. HEVLEY. P..g@ B@,..gb
JOH,V A. BAUM.
,VANCY A. ,-REECH. At L.,"
t[AROLD l(EtSC110BER, A, L.,g@
H. JACK JEN,'41NGS, JR.. Ly..h.@@. B.,..gb
RC)BERT G. ]ONES. A, L@,g@
W. 11. KITC141N. Ill. Vig,@... B ... b
REBA S. @1,CLAVAN, A@@@ B@,@.gh 212 CITY tiALL 130ILDING
J. IIE,\RY $I,COY. JR.. B.,@.gb Nli,,NICIPAL CENTER
MEYERA E. OIJERNOORF, A, L.,g@ VIRGINIA BEACII, VIRGI;VIA 23456
RUTtf IIODGES SMIT/L, CMC. Cily Cl@lk (804) 42'-4303
CITY COUNCIL AGENDA
May 14, 1984
BUDGET WORKSHOP: 10:00 a.m-
ITEM 1. IEFORMAL SESSION: 12:30 p.m-
A. CALL TO ORDER - Mayor Louis R. Jones
B. ROLL CALL OF COUNCIL
C. MOTION TO RECESS INTO INFORMAL/E):ECUTIVE SESSION
D. DISCUSSION OF PERTINENT MATTERS
1. Matters for discussion by Mayor.
2. Matters for discussion by Council.
E. CITY MANAGER'S ADMINISTRATIVE ITEMS
I -R isition Policy: Presentation by Mr. C.
Ora Lambert, Jr., Director of Department of Public Works.
2. Policy for When -Impact of a Road Project is Greater Than
Expected; Presentation by Mr. C. Oral Lambert, Jr.,
-5irector of Department of Public Works.
3. Encroachment Request of Aqua Sports, Inc..: Discussion.
4. Review of Consent Agenda
ITEM II. FORMAL SESSION: 2.00 p.m.
A. INVOCATION: Father Bill Dole
Church of the Ascension
B. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
C. ELECTRONIC ROLL CALL OF COUNCIL
D. MINUTES OF PREVIOUS MEETING
1. Motion to accept/approve the Minutes of May 7, 1984.
E. PROCLAMATIONS
1. Military Appreciation Week - May 13-19, 1984
and Armed Forces Day at Fort Story - May 19, 1984
2. Rescue Squad Week - may 20-28, 1984
F. ORDINANCES
1. Proposed Ordinances for 1984-85 Operating Budget
a. Ordinance, on FIRST READING, making appropriations for
the Fiscal Year beginning July 1, 1984 and ending June
30, 1985, in the sum of Three Hundred Thirty-Five
Million, Three Hundred Forty-Four Thousand, Three
Hundred Twenty-Six Dollars ($335,344,326) for Operations
and One Hundred Ten Million, Five Hundred Thirty-One
Thousand, Eight Hundred Seventy-Nine Dollars
($110,531,879) in Interfund Transfers and regulating the
payment of money out of the City Treasury, as amended.
b. Ordinance, on FIRST R@ING, establishing the tax levy
on personal property and machinery and tools for the
calendar year 1985.
c. Ordinance, on FIRST READING, establishing the tax levy
on real estate for tax fiscal year 1985.
2. General
a. Ordinance to authorize an encroachment into and to lease
air space over the public right-of-way of Ocean Avenue
to Neptune Associates T/A Ramada Inn on the Beach.
(This Ordinance was deferred for one week on May 7,
i984.)
G. CONSENT AGENDA
All matters listed under the Consent Agenda are considered in
the ordinary course of business by City Council and will be
enacted by one motion in the form listed. There will be no
separate discussion of these items. If discussion is desired,
that item will be removed from the Consent Agenda and considered
separately.
1. Ordinance to amend Chapter Two of the Code of the City of
Virginia Beach by adding Article XX Department of Housing
and Coumunity Development.
2. Ordinance, on SECOND READING, to amend and reordain Section
35-207 of the Code of the City of Virginia Beach pertaining
to tax on cigarettes.
G. CONSENT AGENDA (Cont'd)
3. Ordinance, on SECOND READING, to amend and reordain Section
21-75(c) of the Code of the City of Virginia Beach
Virginia, pertaining to local license taxes on horse
trailers.
4. Ordinance to transfer $51,000 within the FY '84 Community
Services Board budget.
5. Ordinance to transfer Capital Project Funds of $284,000
between Capital Projects to provide additional funds for
Landstown Shop Modifications.
6. Ordinance to authorize a temporary encroachment into the
right-of-way of General Booth Boulevard (1049 General Booth
Boulevard) to Aqua Sports, Inc.
(The necessary Ordinance and suggested conditions relating
to this encroachment will be distributed Monday during City
Council's Informal Session.)
7. Ordinance to authorize a temporary encroachment into a
portion of City property adjacent to Lake Joyce to Joe B.
Overfelt, his heirs, assigns and successors in title.
8. Ordinance appointing viewers in the petition of Edwin B.
Lindsley, Jr. for the closure of a portion of Cape Henry
Drive (Lynnhaven Borough).
9. Ordinance to authorize acquisition of property in fee simple
and the acquisition of temporary and permanent easements for
Little Neck Road Bikeway Project, either by agreement or by
condemnation.
10. Ordinance to authorize acquisition of property in fee simple
and the acquisition of temporary and permanent easements for
Salem Canal Phase I, either by agreement or by condemnation.
11. Ordinance authorizing and directing the City Manager to
execute an agreement between the City of Virginia Beach and
the Tidewater Transportation District Commission.
12. Bingo/Raffle Permits:
Bingo Church of the Holy Family
Raffle Tidewater Radio Control, Inc.
Bingo/Raffle Animal Assistance League
13. Request of the City Treasurer for tax refunds in the amount
of $371.08.
H. PLANNING
1. Ordinance closing, vacating and discontinuing a portion of
89th Street in the petition of Endicott Corporation
(Lynnhaven Borough).
a. Letter from the City 14anager transmits the
recommendation of the Planning Commission,
and the Viewers concur, for denial.
2. Ordinance closing, vacating and discontinuing a portion of
14th Street in the petition of the Sandcastle Motel
(Virginia Beach Borough).
a. Letter from the City Manager transmits the
recommendation of the Planning Commission,
and the Viewers concur, for approval.
H. PLANNING (Cont'd)
3. Application of E. S. G. Enterprises, Inc. for a conditional
use permit for recreational facilities of an outdoor nature
on a 70-acre parcel located on the west side of South
Birdneck Road, south of Bells Road (Princess Anne Borough).
a. Letter from the City Manager transmits the
recommendation of the Planning Commission
for approval.
4. Application of Kenneth E. Malbon and Wayne A. Smith for a
modif ication to the Green Run Land Use Plan to allow a car
wash at the northeast corner of Lynnhaven Parkway Tn-d
Primrose Lane on a 1.068-acre parcel (Princess Anne
Borough).
a. Letter from the City Manager transmits the
recommendation of the Planning Commission
for denial.
5. Application of Arnold T. and Barbara T. Rogister for a
change of zoning from R-6 Residential District to 0-1 Office
District on a 2.973-acre parcel located at 1504 Kempsville
Road (Kempsville Borough).
a. Letter from the City Manager transmits the
recommendation of the Planning Commission
to allow withdrawal.
6. Application of E. Louise King or Assigns for a change of
zoning from R-6 Residential District to 0-1 Office District
on a 25,570-square foot parcel located at 1506 Kempsville
Road (Kempsville Borough).
a. Letter from the City Manager transmits the
recommendation of the Planning Commission
to allow withdrawal
7. Application of Hoyt and Elizabeth Freeman for a change of
zoning from B-2 Community-Business District to A-2 Apartment
District on a 20,000-square foot parcel located at the
intersection of McDonald Road and Mineola Drive (Kempsville
Borough).
a. Letter from the City Manager transmits the
recommendation of the Planning Commission
for approval.
8. Application of Dr. C. M. McCoy for a change of zoning from
B-1 Business-Residential District to B-2 Community-Business
District on a 4.94-acre parcel located on the west side of
South Military Highway, north of Alexandria Avenue
(Kempaville Borough).
a. Letter from the City Manager transmits the
recommendation of the Planning Commission
for approval.
9. Application of the Congregation of the Kempsville Chapel for
a change of zoning from A-1 Apartment District to B-2
Community-Business District on a 1.853-acre par e@l loc t@ed
on Holland Road between Windsor Oaks Boulevard and Governors
Way (Kempsville Borough).
a. Letter from the City Manager transmits the
recommendation of the Planning Commission
for approval.
H. PLANNING (Cont'd)
10. Application of Mrs. Kathleen B. Grier for a change of zoning
from R-6 Residential District to B-2 Community-Business
District on a 34,082-square foot parcel located at 5217
Indian River Road (Kempsville Borough).
a. Letter from the City Manager transmits the
recommendation of the Planning Commission
for approval.
11. Application of Rose Holland Associates for a change of
zoning from 0-1 Office District to A-2 Apartment District on
a 2.172-acre parcel located at the northwest corner of
Chimney Hill Parkway and Smokey Chamber Drive (Kempsville
Borough).
a. Letter from the City Manager transmits the
recommendation of the Planning Commission
for denial.
12. Application of John G. and Mary Williams for a change of
zoning from R-6 Residential District to A-1 Apartment
District on a 25-acre parcel located southwest of the
intersection of Holly Farms Drive and DeLaura Lane (Bayside
Borough).
(This application was deferred for three weeks on April 23,
1984.)
a. Letter from the City Manager transmits the
recommendation of the Planning Commission
for denial.
13. Applications of Gallager Associates for changes of zoning on
sites located along the east side of Holland Road, south of
Landstown Road (Princess Anne Borough):
From AG-1 Agricultural District to R-8 Residential District
on a 42.319-acre parcel;
From AG-2 Agricultural District to R-8 Residential District
on a 4.67-acre parcel;
From R-8 Residential District to PD-H 2 Planned Unit
Development District on a 46.989-acre parcel;
AND,
From AG-1 Agricultural District to P-1 Preservation District
on a 37.842-acre parcel.
(This application was deferred for 30 days on April 9,
1984.)
a. Letter from the City Manager transmits the
recommendation of the Planning Commission
for approval, subject to the revised plan
being submitted to the Planning Department
prior to the City Council hearing. The
revised plan has not been submitted; there-
fore, it is recommended that Council defer
this application.
1. APPOINTHENTS
1. Advertising Selection Committee
2. Community Services Board
3. Eastern Virginia Medical Authority
4. Historical Review Board
5. Resort Area Advisory Commission (Atlantic Avenue
Beautification)
6. Southeastern Tidewater Opportunity Project
7. Virginia Beach Task Force for Youthful Substance Abuse
B. Volunteer Council
J. UNFINISHED BUSINESS
K. NEW BUSINESS
1. Briefing on Comprehensive Plan: Mr. Robert J. Scott,
Director of Department of Planning
L. ADJOURNMENT
1. Motion to adjourn.
SPECIAL MEETING
2:00 P.M.
Tuesday, May 15, 1984
City Council Chambers
-Second Reading of FY '84-85 Budget"
7
Item II-D.1
MINUTES ITEM # 22028
Upon motion by Councilwoir@an Creech, seconded by Councilman McCoy, City
Council APPROVED the CORRECTIONS to the Minutes of May 14, 1984.
(See ITEM # 21886, Page 22, May 14, 1984 CONSENT AGENDA) Minutes
should read as follows:
"TJpon motion by Councilman Baum, seconded by Councilman
McCoy, City Council ADOPTED an Ordinance to transfer
Capital Project Funds of $28;Tege $284,000 between
Capital Projects to provide additional funds for LANDSTOWN
SHOP MODIFICATIONS."
Voting: 11-0
Council Members Voting Aye:
Jobn A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor
Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones,
Robert G. Jones, W. H. Kitchin, IIT, Reba S. McClanan, J. Henry
McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
June 11, 1984
M I N U T E S
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
May 14, 1984
The Regular Meeting of the Council of the City of Virginia Beach, Virginia,
was called to order by Mayor Louis R. Jones in the Conference Room, City
Hall Building, on Monday, May 14, 1984, at 12:10 in the afternoon.
Council Members Present:
John A. Baum, Harold Heischober, Vice Mayor Barbara M. Henley,
R. Jack Jennings, Jr., Robert G. Jones, Mayor Louis R. Jones,
and Reba S. McClanan
Council Members Absent:
Nancy A. Creech* W. H. Kitchin, Tll* J. Henry McCoy, Jr., D.D.ST
and Meyera E. Oberndorf*
Note: Councilwoman Creech entered the Executive Session at 12:15 p.m.
Councilman McCoy entered the Executive Session at 12:35 p.m.
Councilman Kitchen entered the Executive Session at 12:40 p.m.
Councilwoman Oberndorf was ill.
May 14, 1984
- 2 -
ITEM # 21865
Mayor Jones entertained a motion to permit Council to conduct its EXECUTIVE
SESSION pursuant to Section 2.1-344, Code of Virginia, as amended, for the
following purposes, to be followed by the INFORMAL SESSION.
1. PERSONNEL MATTERS: Discussion or consideration
@f employment, assignment, appointment, promotion,
performance, demotion, salaries, disciplining or
resignation of public officers, appointees or
employees.
2. LEGAL MATTERS: Consultation with legal counsel or
briefings by staff members, consultants or attorneys,
pertaining to actual or potential litigation, or
other legal matters within the jurisdiction of the
public body.
Upon motion by Councilman Baum, seconded by Councilman Jones, City Council
voted to proceed into the EXECUTIVE SESSION, at 12:15 in the afternoon,
to be followed by the INFORMAL SESSION
Voting: 7-0
Council Members Voting Aye:
John A. Baum, Harold Heischober, Vice Mayor Barbara M. Henley,
H. Jack Jennings, Jr., Robert G. Jones, Mayor Louis R. Jones,
and Reba S. McClanan
Council Members Voting Nay:
None
Council Members Absent:
Nancy A. Creech@ W. H. Kitchin, III* J. Henry McCoy, Jr., D.D.St,
and Meyera E. Oberndorf
May 14, 1984
3
RECONVENING OF
CITY COUNCIL
FOR INFORMAL
SESSION ITEM 21866
Council RECONVENED for the INFORMAL SESSION at One Forty-Five in the
afternoon.
M A T T E R S B Y C I T Y M A N A G E R
RIGHT-OF-WAY ACQUISITION
POLICY/IMPACT OF
A ROAD PROJECT POLICY ITEM # 21867
Presentations by C. Oral Lambert, Jr., Director of the Department of Public
Works were RESCHEDULED concerning the following:
The Right-of-Way Acquisition Policy
The Policy for when The Impact of a
Road Project is Greater Than Expected.
ENCROACHMENT REQUEST
OF AQUA SPORTS, INC. ITEM # 21868
The City Council and the City Manager discussed the Encroachment Request
of Aqua Sports, Inc. (See Item II-G.6 of the Formal Agenda).
CONSENT AGENDA
SALEM CANAL
PHASE I ITEM # 21869
Councilman Baum referenced the Ordinance to authorize acquisition of property
in fee simple and the acquisition of temporary and permanent easements for
Salem Canal Phase 1, either by agreement or by condemnation (See Item II-G.10
of the Formal Agenda). The City Manager will prepare a briefing concerning
this matter.
May 14, 1984
- 4 -
MAT T E R S BY C IT Y MANA GE R
(Continued)
CONSENT AGENDA
LANDSTOWN SHOP
MODIFICATIONS ITEM # 21870
Councilwoman McClanan inquired concerning the Ordinance to transfer Capital
Project Funds of $284,000 between Capital Projects to provide additional
funds for Landstown Shop Modifications (See Item II-G.5 of the Formal
Agenda).
COMMUNITY SERVICES
BOARD ITEM # 21871
Councilman Jones referenced the Ordinance to transfer $51,000 within the FY'84
Community Services Board budget (See Item II-G.4 of the Formal Agenda),
concerning the purchase of data processing equipment.
LAKE JOYCE
ENCROACHMENT ITEM # 21872
Mayor Jones referenced the Ordinance to authorize a temporary encroachment
into a portion of the City property adjacent to Lake Joyce to Joe B.
Overfelt (See Item II-G.7 of the Formal Agenda). Mayor Jones inquired as
to whether there were any other encroachments into this particular easement.
May 14, 1984
- 5 -
F 0 R M A L S E S S I 0 N
VIRGINIA BEACH CITY COUNCIL
May 14, 1984
2:00 p.m.
Council Members Present:
John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor
Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones,
Robert G. Jones, W. H. Kitchin, III, Reba S. McClanan, and
J. Henry McCoy, Jr., D.D.S.
Council Members Absent:
Meyera E. Oberndorf
INVOCATION: Reverend William Dale
Pastor
Church of the Ascension
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
May 14, 1984
6
Item II-D. 1
MINUTES ITEM 21873
Upon motion by Councilwoman Creech, seconded by Councilman McCoy, City
Council APPROVED the Minutes of May 7, 1984.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor
Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones,
Robert G. Jones, W. H. Kitchin, TII, Reba S. McClanan, and
J. Henry McCoy, Jr., D.D.S.
Council Members Voting Nay:
None
Council Members Absent:
Meyera E. Oberndorf
May 14, 1984
7
Item II-E.1
PROCLAMATION ITEM 21874
Mayor Jones PROCLAIMED the week of May 13 - 19, 1984 as
MILITARY APPRECIATION WEEK
AND,
Mayor Jones PROCLAIMED Saturday, May 19, 1984 as
ARMED FORCES DAY
This Proclamation recognized the importance of the military in our City of
Virginia Beach, not only in an economic aspect, but also because of the
military's contributions to the City's social, cultural and civic growth
and development.
The following were in attendance:
Colonel J. C. Blewster, Commanding Officer, Fort Story
Captain C. L. Tinker, Commanding Officer, Oceana
Captain John W. Bitoff, Commanding Officer, Dam Neck
Executive Officer Shewchuk representing Captain Carbone of
Little Creek.
Mr. Russell Turner, Chairman of the Military Affairs Committee
of the Virginia Beach Council of the Hampton Roads Chamber of
Commerce
Mr. Dan Arris, Vice-Chairman of the Community Affairs Committee
of the Virginia Beach Council of the Hampton Roads Chamber of
Commerce.
Commander Tinker accepted the PROCLAMATION.
May 14, 1984
- 7a -
46
ria,rtamattion
WHEREAS, the City oi ViAginia Beach has tong been home ba-6e 6o4 Aou4 o6
Ameltical,s impo4tant milita4y inatattations: Oceana Navat Ai4 Station, Littte
C4eek Amphibiou,6 Ba,6e, Fteet Combat TAaining Cente4 Vam Neck and Fo4t Sto4y; and
WHEREAS, app4oximatety bxnty pe4cent oi ViAginia Beachlz 4esident6 a4e
in the mititaiy and anothe4 6ixteen pe4cent a4e mitita4y ieti4ee,6 who have e,6tab-
ti,6hed pe4manent 4"idence in Vi4ginia Beach; and
WHEREAS, the,6e Aou4 instattationa p4ovide emptoyment, both mitita4y and
eivitian, 6o4 ove4 30,000 pe4.6onA, with an apptoximate annuat payaott o6 $450,000;
and
WHEREAS, the Ci;ty 06 vi4ginia Beach 4ecognizeA the impo4tance o6 the
mitita4y in ouA City, not onty in an economic aapect, but atao becau,6e o6 the
miti;ta4y'4 contAibution,6 to ou4 Aociat, r-uttu4at and civic g4owth and devetop-
ment; and
WHEREAS, the City o6 Vi4ginia Beach and the ViAginia Beach Councit o6
the Hampton Road,6 Chambe4 o6 Commetce woutd tike to 6et a,6ide thi,6 speciat time
to 4ecognize the membe44 06 cuA mititaay community and thei4 teade4,6.
NOW, THEREFORE, 1, Louis R. JoneA, Mayo4 o6 the City o6 Vi4ginia Beach,
do he4eby p4octa@ the week o6 May 13-19, 1984 a,6
MILITARY APPRECIATION WEEK
and Satu4day, May 19, 1984 a-6
ARMEV FORCES DAV AT FORT STORV
and u4ge att bu,6ine-6,6e,6 and individuatz to pay 6peciat Aecognition to ouA mititaay
community du4ing thi-6 time.
IN WITNESS WHEREOF, I have he4eunto set my hand and cau-6ed the Aeat o6 the
City oA Vi4ginia Beach to be a66ixed thi,6 6ouliteenth day o6 May, nineteen hund4ed
and eighty-AouAi
Louis R. one,6
MayO4
May 14, 1984
8
Item II-E.2
PROCLAMATION ITEM 21875
Mayor Jones PROCLAIMED the week of May 20 - 28, 1984 as
RESCUE SQUAD WEEK
This Proclamation recognized the dedication of the City's Rescue Squad
Personnel as they volunteer their time and expertise to serve the community.
Bruce Edwards, Coordinator of Emergency Sevices, was in attendance
J. J. Freeman, President of Ocean Park Rescue Squad, accepted the
PROCLAMATION.
May 14, 1984
- Ba -
ro-rittm;ati tin
WHEREAS, the votunteea 4e,6cue 6qua" in Vi4ginia Beach a4e the ta4geAt att
votuntee,i o4ganization among the nation,6 100 mo-6t poputou,6 citie,6; and
WHEREAS, beginning with the pu4cha,6e oA an ambutance by the Ocean Pa4k
Station in 1947, the ci;Ckzen,6 oi Vi4ginia Reach have 4eceived p4e-hospitat eme4gency
patient ca4e 44om the City'A eteven votuntee4 4e,6cue 6quad,6. Somp- 500 .6t4ong, the,6e
votuntee4z devote thei4 tim and tatent,6 to anzw4ing 15,000 catts annuatty 6o4
eme4gency medicat a-6,6istance in the City o6 Vi4ginia Beach; and
WHEREAS, the 6i4zt oi6iciatty State cha4te4ed 4e,6cue .6quad in vi4ginia Beach
wn,6 the Vi4ginia Beach B04ough Re,6cue Squad at 19th St4eet and AActic Avenue; and
,6ince that o6Aiciat beginning in 1952, ten othe4 5tation-6 have 6o4med th4oughout
the City, with the ta,6t, the Sandb4idge Re.6cue Squad being 604med in 1975; and
WHEREAS, each 4e.6cue .6quad coveA.6 a Apeci6icatty duignated a4ea and ope4ates
atmo,6t entiaety with Sund,6 4eceived thaough annuat Sund-4aising campaign,6, memo4iats
and othea contAibutionA; and
WHEREAS, att 27 eme4gency unit-6 have di4ect channetz oA communication to a4ea
ho,&pitat4; and the votuntee4 4e,6cue 6quad pe4,6onnet aAe taained to paovide both ba,6ic
and advanced ti6e Auppo4t ca4e, inctuding 6peciatized ai4uny management, admini,6t4ation
oS medication,6 and int4avenou,6 6otutions, ca4diac mOnitO4ing and de6ib4ittation in
ca4e-6 oi ca4diac a44e,6t.
NOW, THEREFORE, 1, Loui,6 R. JoneA, Mayo4 o6 the City oi Vi4ginia Beach, do
he4eby p4octaim May 20-28, 1984 a,6
RESCUE SQUAD WEEK
in Vi4ginia Beach and catt upon ou4 citizens to Aecognize the dedication oA ou4 4e,6CUe
zquad pe44onnet ah they votuntee4 thei4 time and expe4ti,6e to 4e4ve ouA community.
lt4 WITNESS WHEREOF, I have he4eunto set my hand and cau,6ed the 6eat 06 the
City oA Vi4ginia Beach to be a66ixed thi.6 6ou4teenth day o6 May, nineteen hLLnd4ed
and eighty-jou4.
Loui-6 R. Jone,6
MayO4
May 14, 1984
9
Itern II.E.3
PROCLAMATION ITEM 21876
Mayor Jones PROCLAIMED the week of May 13 - 19, 1984 as
MUNICIPAL CLERKS WEEK
This Proclamation recognized Municipal Clerks and their contributions to
local government.
The following accepted individual framed copies of this PROCLAMATION:
The Honorable John V. Fentress, Former Clerk of the
Virginia Beach Circuit Court, and FIRST Clerk of
Council.
Richard J. Webbon, former Secretary to the Princess Anne
Board of Supervisors, and City Clerk of Virginia Beach,
Presently he is Chairman of the City's Parks and Re-
creation Commission.
Ruth Hodges Smith, CMC, current City Clerk of the City
of Virginia Beach.
May 14, 1984
- 9a
WHEREAS- The M..icip.1 Clerk, .1..g ith th. T.. C.Ilector, i. th. oldest of p.blic e"..ts. Th. ffice can
b. tr.c.d t. bibll..l ti-. a.d o... bf.re. Th. title, .. we k." it, i. d.@i,.d f@o. the Middle Ag.s. The Offi.. f
Cl.@k h.. boo. traced b.ck t. th* y..r 1272 A.D. i. the Hi.t.ry f th. C.rp.r.ti.. f Old Lnd... Wh.. th. e.rly c.lo.-
i.t. @.- t. A-@i.a, they et p f.@- f l..&I g ... @.-.t t. vhi.h th.y had bee. ..@..t.-d ..d the Offi.. f Clark
w.. ..e of th. fi@.t ..t.blish.d.
WHERF.AS- M..icip.1 Cl.rks h.@e, .@e@ th. y..r., b...- the h.b f I.c.1 g.,e@.-.t, th. dir..t li.k btwo.
.iti.e.. ..d the -.i.ip.lity, hi.t.ri.. f the co-.Ity ..d th.y h.@. pro,id.d co-.i@.ti.. f.r p@ .... t ..d f.t.r.
h.@-.i... p.@ticip.ti... Th. Clerk-. role i. -ltif.@eted with k.y @.opmoibilltie. hich directly ... trib.t. t. the
.te&df..t q..Ittie. of I.cal g.@er.m.t. The Clerk e-e. q.ietly ..d with @.r..tility, lerte.., c..r..y ..d with
e.d of p.ti.....
WHERF.AS: Virgi.l. B.o.h, st.@. it. -rge@ t.e.ty-.e y..@. g. 1. 1963, h.s pp.inted ..17 thr.. Clerk. of
C ... @il -- .11 f h.. r. till @ery .@ti@. iti .... :
The FIRST, K ... r.bl. Joh. V. F..tre.., h. er,ed the d..l r.le
of Cl.rk f th. Virgi.i. ge.@h Circ.it Co.rt as an el.cted ffi-
ci.1 AND .. City C ... @ill. FIRST Cl.rk f C ... cil, i. .ti@.d.
ki@h.@d J. Webb.., f.r-r S.@r.t.ry t. tho Pri@ce.. A... go.rd f
S.per@i..@., r.ti,.d L. 1978 ..d i. pre ... tly Ch.i-. f th.
City'. P.rk. ..d
O.r ..rr..t City Cl.rk, R.th H.dg.. S.ith, h.r.. thi. h..., ith
e.ch f h.r D.p.ti.. h ... @.ried re.po..ibilitie. f.r. . Cb.-
p..tte f hi.t.,Ic.1 e ... r@h, -d.r. tech..I.gy ..d pr.fe..i..
ali.. to pr.,ide .@.e.. t. i.for-ti.. ..d @e@ord th. ...y
.cti... f ..@ g.ver.i.g body which ets City ?olicy a.d legi.-
l.te. pr.,q.i... f.@ th. ..If.r. ..d co.oi. ta.d.rd. befitti.g
the lorge.t city i. th. C.--e.Ith ..d the 1.,ge.t r.e.rt ity
i. the ..rld.
WHEREAS: F.r fiftee. y.&r., th. I.t.rn.ti ... 1 I..ttt.te f M..Ictp.1 Cl.rk. pr.-t.d legi.l.ti.. that w.@
fi..Ily ... c ... f.1ty p .... red i. the 1983 Ho..e ..d Se..te hlch .11"ed th. Pt.sid..t f the U.ited St.te. t. pr..Ioi.
the Se.o.d Week f K&y 1984 ..
MUNICIPAL CLERKS WEEK
NOW, THERF.FORE, BE IT RESOLVED: Th.t i. beh.If f the Virgi.i. B..ch City C .... 41, 1. The fty.r. her.by J.i.
The Pr.sid..t ..d Virginia'. G.@er.or in p@ocl.ii.g M.y 13-19, 1984, .. MIJNICIPAL CLERK'S WEEK a.d c.11 p.. -r @iti-
.... t. joi. - i. r ... g.i.ing th.se h. h.@. ..d re pr ... r,i.g the p..t with .. eye I.&y. P.. the f.t.@e f o.r City
.f Virgi.i. Se.@h.
BE IT FURTHER FLESOLVED: Th.t thi. Pr.cl.-ti.n b. fr.-d f.r pr..e.t&tio. t.
JOHN V. FENTRESS RICHARD J. WEBSON RUTH HODGES SMITH
.Ith . @.py t. be pre.d p.. th. proceedi.g. f this F.rwl Se..I.n of the Virgi.to B.&.h City Co..cil thi. V..rtee.th
d.y f N.y, Ni.ete.. H..d@ed Eighty-F..r.
I..is R. J.444, Kay.r
May 14, 1984
- 10 -
Item II.F.1a.
ORDINANCES ITEM # 21877
J. L. Freeman, Ocean Park Rescue Squad, spoke concerning the need
for cardiac technicians.
Upon motion by Councilman Heischober, seconded by Councilwoman Creech,
City Council APPROVED, on FIRST READING, the following Proposed Ordi-
nance for the 1984-85 Operating Budget:
Ordinance making appropriations for the Fiscal
Year beginning July 1, 1984 and ending June 30,
1985, in the sum of Three Hundred Thirty-Five
Million, Three Eundred Forty-Four Thousand, Three
Hundred Twenty-Six Dollars ($335,344,326) for Op-
erations and One Hundred Ten Million, Five Hun-
dred Thirty-One Thousand, Eight Hundred Seventy-
Nine Dollars ($110,531,879) in Interfund Transfers
and regulating the payment of money out of the City
Treasury, as amended.
Councilwoman McClanan noted that this Motion for Approval would incorporate
their previous concerns involving the City Attorney's office as discussed
in EXECUTIVE SESSION.
The City Manager noted the following addition to this Ordinance:
Page 5 - BOARDS AND COMMISSIONS:
WETLANDS BOARD $4,200
Increase $9,322 to $13,522 Total should read: $2,575,905
AND,
The City Manager further noted the following decrease in this Ordinance:
Page 6 - RESERVE FOR CONTINGENCIES:
Decrease $500,000 to $495,800 Total should read: $6,813,072
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor
Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones,
Robert G. Jones, W. H. Kitchin, Ill, Reba S. McClanan, and
J. Henry McCoy, Jr., D.D.S.
Council Members Voting Nay:
None
Council Members Absent:
Meyera E. Oberndorf
May 14, 1984
- 11 -
Item II.F.1 ITEM # 21877 (Continued)
*Councilman Jennings noted his opposition to the 7 1/2 % pay increase
for City Employees effective July 1, 1984. To this portion of the Budget,
Councilman Jennings expressed a VERBAL NAY vote. Mr. Jennings requested in
regard to Cbanges in City Pay Grades and Steps, the following three (3)
questions be answered in a timely manner?
(1) How long would it take to make the changes?
(2) Why did not someone begin making the changes
months ago?
(3) Are the Changes going to be initiated and made
over the next few months so that we are not
back in this position next year?
May 14, 1984
Ila-
AN ORDINANCE MAKING APPROPRIATIONS FOR THE
FISCAL YEAR BEGINNING JULY 1, 1984 AND ENDING
JUNE 30. 1985, IN THE SUM OF THREE HUNDRED
THIRTY-FIVE MILLION, THREE HUNDRED FORTY-FOUR
THOUSAND, THREE HUNDRED TWENTY-SIX DOLLARS
($335,344,326) FOR OPERATIONS AND ONE HUNDRED
TEN MILLION, FIVE HUNDRED THIRTY-ONE THOUSAND,
EIGHT HUNDRED SEVENTY-NINE DOLLARS ($110,531,879)
IN INTERFUND TRANSFERS AND REGULATING THE PAYMENT
OF MONEY OUT OF THE CITY TREASURY, AS AMENDED.
WHEREAS, the City Manager has heretofore submitted to the Council an Annual
Budget for the City for the fiscal year beginning July 1, 1984, and ending
June 30, 1985, and it is necessary to appropriate sufficient funds to cover said
budget.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA:
Section 1. That the amounts named aggregating FOUR HUNDRED FORTY-FIVE
MILLION, EIGHT HUNDRED SEVENTY-SIX THOUSAND, TWO HUNDRED FIVE DOLLARS
($445,876,205) consisting of ONE HUNDRED TEN MILLION, FIVE HUNDRED THIRTY-ONE
THOUSAND, EIGHT HUNDRED SEVENTY-NINE DOLLARS ($110,531,879) in interfund trans-
fers and THREE HUNDRED THIRTY-FIVE MILLION, THREE HUNDRED FORTY-FOUR THOUSAND,
THREE HUNDRED TWENTY-SIX DOLLARS ($335,344,326) for operations or so much thereof
as may be necessary as set forth in the Annual Budget for the fiscal year
1984-85, are hereby appropriated subject to the conditions hereafter set forth,
for the year 1984-85, for the use of the several departments and specially
designated funds of the City Government, and for the purposes hereafter men-
tioned, as set forth in said Annual Budget, which is hereby incorporated by
reference, for the fiscal year beginning July 1, 1984 and ending June 30, 1985 as
follows:
Budget
Item of Expenditures 1984-1985
GENERAL FUND:
Legislative Department:
Municipal Councit $ 977,093
City Clerk 178,750
Total $ 1,155,843
Executive Department:
City Manager $ 346,617
Public Information Office 258,471
Grants Office 115,734
Cable TV 79,748
Public Information Office - Operations 82,536
-1-
May 14, 1984
Budget
item of Expenditures 1984-1985
GENER-AL FUND:
Executive Department: (concluded)
Office of Emergency Services $ 220,530
office of Emergency Medical Services 529,055
Virginia Museum of Marine Science 372,384
Total $ 2,005,075
Law Department:
City Attorney $ 1,124,357
Finance Department:
Commissioner of the Revenue $ 1,494,070
Board of Equalization 14,459
City keal Estate Assessor b99,bj,4
Treasurer 1,725,880
Director of Finance:
Administration 248,782
Research 171,677
Budget 219,855
Accounting 847,641
Payroll 161,175
Business License Audit 233,445
Independent Auditing 42,000
Purchasing 319,874
Total $ 6,378,490
PERSONNEL DEPARTMENT:
Administration $ 147,021
Employee Relations 167,213
Testing and Selection 204,147
Wage and Salary 203,028
Training 63,073
Total $ 784,482
Judicial Department:
Circuit Court $ 145,794
General District Court 29,593
Juvenile and Domestic Relations District Court 26,553
Public Defender 50,000
Commonwealth's Attorney 1,054,708
Commonwealth's Attorney - Social Services Fraud 55,281
Consumer Protection 117,945
Sheriff's Office 538,960
Correctional Operations:
Court Support Services 279,681
Treatment 594,122
Custodial 1,998,688
Clerk of the Circuit Court 292,178
Magistrates 14,759
Juvenile Probation:
Management and Support 466,367
Intake Unit 268,172
Diversion Unit 169,533
Field Units 540,903
Total $ 6,643,237
Health Department:
Preventive Medicine $ 1,175,837
Occupational Health 229,826
Total $ 1,405,663
-2-
Budget
Item of Expenditures 1984-1985
GENERAL FUND:
Social Services Department:
Director of Social Services $ 5,359,221
Public Assistance 1,602,421
Hospitalization 583,000
Total $ 7,544,642
Police Department:
Administration:
Police Chief's Staff $ 1,027,669
Planning and Analysis 224,400
Personnel and Training 384,817
Services 1,408,728
Uniform Division:
Auxiliary Police 27,039
Patrol and Administrative Support 8,583,247
S.P.O.T. 2,897,997
Communications Division 3,701,580
Investigative Division 2,808,371
Animal Control 778,007
Medical Examiner 6,000
Total $ 21,847,855
Public Works Department:
Administration:
Director's Office $ 167,002
Real Estate Office 278,758
Business Office 162,959
Highway Division:
Administration 499,387
Inspections 768,986
Street Maintenance 3,770,281
Drainage Maintenance 1,359,704
Bridge Maintenance 1,224,965
Engineering Division:
Administration 558,840
Surveying 599,910
Mapping 503,161
Drafting 235,342
Waterfront Operations/inspections 171,350
Special Projects 146,839
Building Construction 235,736
Traffic Engineering Division:
Design and Administration 3,669,198
Operations 1,850,444
Solid Waste Division:
Solid Waste Administration 161,264
Refuse Disposal 1,404,536
Refuse Collection 6,443,075
Sanitation Inspections 206,938
Solid Waste Transfer Station 376 480
Back Bay Salt Water Project 111,725
Erosion Commission 1,499,879
Total $ 26,406,759
Parks and Recreation:
Director of Parks and Recreation $ 317,876
Parks and Maintenance:
Administration 214,348
Construction and Maintenance 2,214,185
Parks and Beaches 921,007
-3-
Budget
Item of Expenditures 1984-1985
GENEPAL FUND:
Parks and Recreation: (concluded)
Golf Courses:
Red Wing Golf Course $ 437,464
Bow Creek Golf Course 324,909
Owl Creek Municipal Tennis Center 18,076
Boardwalk Trains 19,317
Recreation:
Virginia Beach Recreation Center (Kempsville) 828,737
How Creek Recreation Center 245,205
Administration 349,749
Adult Activities 310,681
Youth Activities 629,879
Athletics 333,076
Shakespeare Festival Program 14,810
Therapeutic Program 224,434
Total 7,403,773
Library Department:
Administration 261,614
Area Libraries:
Great Neck Area Library 264,086
Bayside Area Library 268,676
Oceanfront Area Library 242,232
Kempaville Area Library 281,800
Windsor Woods Area Library 270,904
Reference Services 544,767
Extension Services 210,460
Special Services 149,724
Technical Servicea 583,794
Children's Services 107,308
Central Library 101,605
Total $ 3,286,970
Planning Department:
Management and Support $ 353,178
Comprehensive Planning 332,507
Operations 337,030
Total $ 1,022,715
Agricultur Department:
Administration 139,178
VPI Extension Services 198,909
Farmers' Produce Market 98,717
Environmental Services 56,808
Total $ 493,612
Department of Economic Development:
Director of Economic Development $ 202,995
Civic Center 38,404
Tourist Development 1,795,987
Industrial Development 503,147
Convention Promotion 334,822
Pavilion 1,013,536
Parking Lots 25,310
Total $ 3,914 201
Department of General Services:
Administration:
Director of General Services $ 120,646
Employee Safety 81,797
-4-
Budget
Item of Expenditures 1984-1985
GENERAL FUND:
Department of General Services: (concluded)
Building Maintenance:
Management and Support $ 2,661,852
Electrical 380,778
Heat and Air Conditioning 525,499
General Maintenance 1,398,549
Custodiai 1,558,379
Landscape Division:
Superintendent of Landscape Services 268,100
Grounds Maintenance 1,465,613
Beautification 1,479,613
Clean Community 34,043
Beach Maintenance 219,627
Mail Distribution 161,515
Total $ 10,356,011
Boards and Commissions:
General Registrar 321,692
Mosquito Control-Kempsville/Bayside 455,647
@iosquito Control-Princess Anne 349,590
Mosquito Control-Virginia Beach/Lynnhaven 444,571
Zoning Board of Appeals 14,968
Arts and Humanities Commission 188,415
Mass Transit Operations 754,000
Wetlands Board of Virginia Beach 9,322
Department Volunteer Council 33,500
Total 2,571,705
Non-Departmental:
Employee Training and Special Benefits 368,924
Fire Department:
Administration $ 372,131
Fire Prevention 793,001
Fire Suppression 9,094,428
Training 326,351
Forestry 9,937
Total $ 10,595,848
Department of Data Processing:
Administration $ 221,361
Systems and Programming 1,092,866
Computer Operations 2,207,045
Central Files 260,828
Total $ 3,782,100
Department of Permits and Inspections:
Administration $ 393,812
Housing Code Enforcement 162,045
Building Inspections 688,164
Zoning Code Enforcement 212,240
Weights and Measures 91,015
Total $ 1,547,276
Department of Mental Health:
Board Office $ 206,440
Comprehensive Mental Health:
Program Clinical Support 248,647
Consultation and Education 204,160
-5-
Budget
.Item of Expenditures 1984-1985
GENERAL FUND:
Department of Mental Health: (concluded)
Comprehensive Mental Health: (concluded)
Outpatient Services 283,287
Community Rehabilitation 496,365
Emergency Services 368,918
Child and Youth Services 364,986
Mental Retardation/Developmental Disabilities:
Program Support 195,665
Residential Services 140,135
Adult Services 265,566
Transportation Program 72,462
Respite Care Program 66,827
Infant Stimulation Program 48,262
Substance Abuse Services 797,217
Alcohol Safety Action Program 234,384
Alcohol Detoxification 233,123
Total $ 4,226,444
Transfers to Other Funds: $ 106,780,567
Reserve for Contingencies:
Regular $ 500,000
Salary 6,150,000
Social Services Salary 167,272
Total $ 6,817,272
TOTAL GENERAL FUND $ 238,463,821
WATER AND SEWER FUND:
Department of Public Utilities:
Director's Office $ 232,633
Engineering 1,942,473
Water Production/Resources 6,445,026
Operations Administration 892,437
Water Distribution 2,096,124
Water Production 1,257,297
Sewer Collection 1,696,627
Sewer Pump Stations 2,308,437
Customer Services 2,995,061
Total $ 19,866,115
Revenue Bond Debt Service: $ 8,506,013
Transfer to Other Funds: $ 3,751,312
Reserve for Contingencies:
Regular $ 608,678
Salary 516,272
Total $ 1,124,950
TOTAL WATER AND SEWER FUND $ 3,248,390
SCHOOL OPERATING FUND
Department of Education:
Administration $ 1,438,414
Research, Planning and Development 356,962
Instruction 78,417,871
-6-
Budget
Item of Expenditures 1984-1985
SCHOOL OPERATING FUND:
Department of Education: (concluded)
Other Instructional Costs $ 10,248,540
Attendance and Health 1,695,414
Pupil Transportation 5,418,782
Operation of School Plant 10,374,565
Maintenance of School Plant 4,900,357
Fixed Charges 26,442,076
Summer School 394,225
General Adult Education 107,161
Basic Adult Education 152,241
Vocational Adult Education 207,175
Capital Outlay 812,240
TOTAL EDUCATION $ 140,966,023
LAW LIBRARY FUND:
Library Department:
Law Library $ 50,513
Reserve for Contingencies:
Salary $ 1,584
TOTAL LAW LIBRARY FUND $ 52 097
GENERAL DEBT FUND:
Debt Service $ 31,620,357
PENDLETON CHILD SERVICE CENTER FUND:
Judicial Department:
Pendleton Child Service Center $ 541,786
Reserve for Contingencies:
Salary $ 29,565
TOTAL PENDLETON CHILD SERVICE CENTER FUND $ 571,351
TIDEWATER VIRGINIA ASAP FUND:
Department of Mental Health:
Tidewater Virginia ASAP $ 916,689
Reserve for Contingencies:
Salary $ 37,477
TOTAL TIDEWATER VIRGINIA ASAP FUND $ 54,166
TOTAL BUDGET $ 445,876,205
Less: Interfund Transfer 110,531,879
NET BUDGET $ 335,344 326
Section 2. Subject to the provisions of Chaper 2, Article Ill, of the
Virginia Beach City Code, the salaries and wages set forth in detail in said
-7-
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 the 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
exceed 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.
Section 4. All collections of local taxes levied shall be credited to the
General Fund of the City. Transfers shall 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.
Seetiett 5 All tait abotemetits a"d ta5e suplementg det:ed atibseque"t r:e
i,ane 1, 1985 fee the FY 198S tan year ghell neertte to the General Ftind of the
Gity.
Section.& @. 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, 1985, 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
shall be used for the payment of the appropriations which may be made in the
appropriation ordinance for the fiscal year beginning July 1, 1985.
Section-T @. No department or agency reeeiving for which appropriations are
made under the provisions of this Ordinance shall exceed the amount of its OF hig
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.
-8-
The City Manager is hereby authorized to approve transfers for appropria-
tions within any department or between departments in an amount not to exceed
$10,000 in any single transaction, and further, he is 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 different 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.
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 Beach and Princess Anne County.
Section 4 8. Allowances out of any of the appropriations made in this
Ordinance by any or all of the City departments, bureaus or agencies, to any of
their officers and employees for expenses on account of the use by such officers
and employees of their personal automobiles in the discharge of their official
duties shall not exceed twenty eents (204 twenty and one-half cents (20.5cts) per
mile of actual travel for the first 15,000 miles and eleven cents (11%) per mile
for additional miles of such use within the fiscal year.
Section 4-G 9. All traveling expense accounts shall be submitted on forms
approved by the Director of Finance and according to regulations approved by the
City 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 Director 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 44 10. That this Ordinance shall be in effect from and after the
date of its adoption.
Section @ 11. That if any part or parts, section or sections, sentences,
clause or phrase of this Ordinance is for any reason declared to be unconstitu-
-9-
tionai or invalid, such decision shall not affect the validity of the remaining
portions of this Ordinance.
First Reading: M@4[ 14, iggi,
Second Reading:
Adopted by the Council of the City of Virginia Beach, Virginia, on the
day of ., 1984.
May 14, 1984
-10-
- 12 -
Item II.F.lb
ORDINANCES ITEM # 21878
Upon motion by Councilman Heischober, seconded by Councilwoman Creech,
City Council APPROVED, on FIRST READING, the following Proposed Ordi-
nance for the 1984-85 Operating Budget:
Ordinance establishing the tax levy on PER-
SONAL PROPERTY and MACHINERY and TOOLS for
the calendar year 1985.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor
Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones,
Robert G. Jones, W. H. Kitchin, III, Reba S. McClanan, and
J. Henry McCoy, Jr., D.D.S.
Council Members Voting Nay:
None
Council Members Absent:
Meyera E. Oberndorf
May 14, 1984
- 12a
AN ORDINANCE ESTABLISHING THE TAX LEVY ON
PERSONAL PROPERTY AND MACHINERY AND TOOLS
FOR THE CALENDAR YEAR 1985.
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
Section 1. AMOUNT OF LEVY ON TANGIBLE PERSONAL PROPERTY.
There shall be levied and collected for general purposes for the 1985 calen-
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 ($100) of assessed valuation thereof. The rate imposed
by this section shall be applied on the basis of fifty percentum (50%) of the
fair market value of such personal property.
Section 2. AMOUNT OF LEVY ON CERTAIN VEHICLES CLASSIFIED AS PERSONAL PRO-
PERTY USED AS MOBILE HOMES OR OFFICES.
There shall be levied and collected for general purposes for Lhe calendar
year 1985 taxes on all vehicles without motor power as defined in Section 36-71
of the Code of Virginia (1950), as amended, used or designated to be used as
mobile homes or offices or for other means of'habitation by any person, a rate of
eighty cents ($.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 LEVY ON ALL BOATS OR WATERCFLAFT UNDER FIVE TONS
BURTHEN USED FOR BUSINESS OR PLEASURE.
There shall be levied and collected for the calendar year 1985 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 14, 1984
Section 4. AMOUNT OF LEVY ON "CERTIFIED POLLUTION CONTROL EQUIPMENT AND
FACILITIES" CLASSIFIED AS TANGIBLE PERSONAL PROPERTY.
There shall be levied and collected for the calendar year 1985 for general
purposes taxes on all tangible personal property certified by the Commonwealth of
Virginia as "Pollution Control Equipment and Facilities" not exempt from taxa-
tion, at the rate of six dollars ($6) on each one hundred dollars ($100) of
assessed valuation thereof. The rate imposed by this section shall be applied on
the basis of fifty percentum (50%) of the fair market value of such personal
property.
Section 5. AMOUNT OF LEVY ON FARM HACHINERY AND IMPLEMENTS, FARM TOOLS, AND
FARM LIVESTOCK, INCLUDING ALL HORSES, POULTRY, AND GRAINS AND FEEDS USED FOR THE
NURTURE OF FARM LIVESTOCK AND POULTRY.
There shall be levied and collected for general purposes for the 1985 calen-
dar year, taxes on all farm machinery and implements, farm tools, and farm live-
stock, including all horses, poultry, and grains and feeds used for the nurture
of farm livestock and poultry, not exempt from taxation, at the rate of one
dollar ($I) on each one hundred dollars ($100) of assessed valuation thereof.
The rate imposed by this section shall be applied on the basis of fifty percentum
(50%) of the fair market value of such personal property.
Section 6. AMOUNT OF LEVY ON MACHINERY AND TOOLS.
There shall be levied and collected for the calendar year 1985 for general
purposes taxes on machinery and tools, not exempt from taxation, at the rate of
one dollar ($I) 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 1985 for general
purpose taxes on all aircraft defined in Section 58-829.5 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 Lhis section shall be
applied on the basis of fifty percentum (50%) of the fair market value of such
aircraft.
-2-
Section 8. AMOUNT OF LEVY ON ANTIQUE AUTOMOBILES.
There shall be levied and collected for the calendar year 1985 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 HE"Y CONSTRUCTION EQUIPMENT
There shall be levied and collected for the calendar year 1985 for general
purpose taxes on all heavy construction machinery as defined in Section 58-829.8
of the Code of Virginia (1950), as amended, at the rate of six dollars ($6) on
each one hundred dollars ($100) of assessed valuation thereof. The tax imposed
by this section shall be applied on the basis of fifty percentum (50%) of the
fair market value of such heavy construction equipment.
Section 10. AMOUNT OF LEVY ON RESEARCH AND DEVELOPMENT BUSINESS TANGIBLE
PERSONAL PROPERTY.
There shall be levied and collected for the calendar year 1985 for general
purpose taxes on all Research and Development Business tangible personal pro-
perty, not exempt from taxation, at the rate of one dollar ($I) on each one hun-
dred dollars ($100) of assessed valuation thereof. The tax imposed by this sec-
tion shall be applied on the basis of fifty percentum (50%) of the fair market
value of such Research and Development Business tangible personal property.
Section 11. AMOUNT OF LEVY ON ENERGY CONVERSION EQUIPMENT.
There shall be levied and collected for the calendar year 1985 for general
purpose taxes on all energy conversion equipment defined in Section 58-831.01 of
the Code of Virginia (1950), as amended, at the rate of one dollar ($I) on each
one hundred ($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 energy conversion equipment.
Section 12. AMOUNT OF LEVY ON CERTAIN COMPUTER HARDWARE.
There shall be levied and collected for the calendar year 1985 for general
purpose taxes on all computer hardware used by businesses primarily engaged in
providing data processing service to other nonrelated or nonaffiliated
-3-
businesses, not exempt from taxation, at the rate of six dollars ($6) on each one
hundred dollars ($100) of assessed valuation thereof. The tax imposed by this
section shall be applied on the basis of fifty percentum (50%) of the value of
such computer hardware to be determined as specified in Section 58-829.9 of the
Code of Virginia, as amended.
Section 44 13. CONSTITUTIONALITY.
That if any part or parts, section or aections, sentences, clause or phrase
of this ordinance is for any reason declared to be unconstitutional or invalid,
such decision shall not affect the validity of the remaining portions of this
ordinance.
Section 4-3 14. EFFECTIVE DATE.
This ordinance shall be in effect January 1, 1985.
First Reading: May 14, 1984
Second Reading:
Adopted by the Council of the City of Virginia Beach, Virginia on the
day of 1984.
May 14, 1984
-4-
- 13a
AN ORDINANCE ESTABLISHING THE TAX LEVY
ON REAL ESTATE FOR TAX FISCAL YEAR 1985
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
Section 1. AMOUNT OF LEVY ON REAL ESTATE.
There shall be levied and collected for fiscal year 1985 taxes for general
purposes on all real estate, not exempt from taxation and not otherwise provided
for in this Ordinance, a rate of eighty cents ($.80) on each one hundred dollars
($100) 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 of the
Code of Virginia, as amended.
Section 2. AMOUNT OF LEVY ON UNEQUALIZED PUBLIC SERVICE REAL ESTATE AS PRO-
VIDED FOR IN SECTION 58-512.1 OF THE CODE OF VIRGINIA (1950), AS ANENDED.
There shall be levied and collected for general purposes for fiscal year 1985
taxes on all Public Service Real Property, which has not been equalized as pro-
vided for in Section 58-512.1, of the Code of Virginia (1950), as amended, on each
one hundred dollars ($100) of assessed valuation thereof at a rate to be deter-
mined in accordance with Section 58-514.2 of the Code of Virginia (1950), as amended.
Section 3. AMOUNT OF LEVY ON "CERTIFIED POLLUTION CONTROL EQUIPMENT AND
FACILITIES" CLASSIFIED AS REAL ESTATE.
There shall be levied and collected for general purposes for fiscal year
1985 taxes on all real estate certified by the Commonwealth of Virginia
as "Pollution Control Equipment and Facilities" not exempt from taxation, a rate
of eighty cents ($.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.
Section 4. 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,
-1- May 14, 1984
- 13b
such decision shall not affect the validity of the remaining portion of this
Ordinance.
Section 5. EFFECTIVE BATE.
This Ordinance shall be in effect from and after the date of its adoption.
First Reading: May 14, 1984
Second Reading:
Adopted by the Council of the City of Virginia Beach, Virginia, on the
day of 1984.
May 14, 1984
-2-
- 14 -
Item II.F.2
ORDINANCES ITEM # 21880
Attorney Grover Wright represented the applicant.
The following spoke in opposition:
Attorney Edward Caton, represented a large number of residents. He
presented Council with a Petition signed by a number of residents
in opposition to this Encroachment (Said petition is hereby made a
part of the record.)
Attorney Glen Crowshaw, represented Mr. and Mrs. Sidney Lewis, adjacent
property owners.
F. Reid Ervin, represented self, and presented copies of the MINUTES of
August 1972 BOARD OF ZONING APPEALS Meeting (These minutes are hereby
made a part of the record).
Patty Masterson, property owner on Fifty-Eighth Street.
James L. Kaiser, representing the North Virginia Beach Civic League, pre-
sented Council with petition of residents in opposition to this Encroachment,
as well as a photocopy of Article 7, Section 701-711 of the City Code con-
cerning zoning of H-1 Hotel Di.strict. (These materials are hereby made a
part of the record.)
Edwin P. Kanady, representing the Princess Anne Hills Civic League, was in
attendance, but did not speak.
A motion was made by Councilman Jennings, seconded by Councilman Heischober
to ADOPT an Ordinance to authorize an encroachment into and to lease air
space over the public right-of-way of Ocean Avenue to NEPTUNE ASSOCIATES
T/A Ramada Inn on the Beach.
A STJBSTITUTE MOTION was made by Councilwoman McClanan, seconded by Vice Mayor
Henley to DENY an Ordinance to authorize an encroachment into and to lease
air space over the public right-of-way of Ocean Avenue to NEPTUNE ASSOCIATES
T/A Ramada Inn on the Beach.
Voting: 3-7 (MOTION TO DENY LOST)
Council Members Voting Aye:
Vice Mayor Barbara M. Henley, W. H. Kitchin, III, and
Reba S. McClanan
Council Members Voting Nay:
John A. Baum, Nancy A. Creech, Harold Heischober, H. Jack Jennings,Jr.,
Mayor Louis R. Jones, Robert G. Jones, and J. Henry McCoy, Jr., D.D.S.
Council Members Absent:
Meyera E. Oberndorf
May 14, 1984
15 -
Item II.F.2
ORDINANCES ITEM 21880 (Continued)
City Council ADOPTED an Ordinance as per the MAIN MOTION of Councilman
Jennings, seconded by Councilman Heischober, to authorize an encroachment
into and to lease air space over the public right-of-way of Ocean Avenue
to Neptune Associates T/A Ramada Inn on the Beach.
Voting: 7-3
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober, H. Jack Jennings, Jr.,
Mayor Louis R. Jones, Robert G. Jones, and J. Henry McCoy, Jr.,D.D.S.
Council Members Voting Nay:
Vice Mayor Barbara M. Henley, W. H. Kitchin, III and Reba S. McClanan
Council Members Absent:
Meyera E. Oberndorf
This Encroachment is 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 this encroachment
so as not to become unsightly or a hazard.
4. The owner agrees to pay an annual fee of $1.50
per square foot of air space utilized or $450
for 300 square feet.
5. The owner agrees that minimum ground clearance
will be 16 feet and shall have dimensions no
larger than 20' x 10' x 15'.
6. Provide an easement for public and pedestrian
passageway.
May 14, 1984
- 16 -
Item II.F.2
ORDINANCES ITEM # 21880 (Continued)
7. Provide a certificate of general liability in-
surance in an amount not less than $1 Million.
8. Provide a corporate bond in the su, of $10,000
conditioned upon completion of construction,
maintenance or removal of walkway by Ramada Inn
uPon direction of the City of Virgi.ia Beach.
9. The encroachment shall not be in effect until an
agreement encompassing the above conditions is
executed.
May 14, 1984
- 16a
Requested By Department of Public Works
AN ORDINANCE TO AUTHORIZE AN ENCROACHMENT
INTO AND TO LEASE AIR SPACE OVER THE
PUBLIC RIGHT-OF-WAY OF OCEAN AVENUE TO
NEPTUNE ASSOCIATES T/A RAMADA INN ON THE
BEACH.
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That pursuant to the autbority and to the extent
thereof contained in Section 15.1-376.1, Code of Virginia,
(1950), Neptune Associates t/a Ramada Inn on the Beach is hereby
authorized to construct and maintain an encroachment into the air
space over the public right-of-way of Ocean Avenue.
That the encroachment herein authorized is for the
purpose of constructing and maintaining an overhead, enclosed
walkway to connect Ramada Inn's conference center on the west
side of Ocean Avenue to its restaurant on the east side of ocean
Avenue between 56th Street and 57th Street in the City of
Virginia Beach.
That this ordinance shall not become effective until
the attached agreement, containing the provisions upon which the
license to encroach granted herein is conditioned, shall be
executed by the City Manager and Neptune Associates t/a Ramada
Inn on the Beach, and until Ramada Inn shall have complied with
all provisions contained in such agreement.
Adopted by the Council of the City of Virginia Beach on
the 14 day of May 1984.
APPROVED AS TO
MES/re
(29C)
APPROVED AS TO FORM
CIT'@
May 14, 1984
16b
THIS ACREF:Mli,N'.1', inade this day of
19114 I)y zlilti Vii(@ CITY OF VIRGINIA BEACH VIRGINIA, a
municipal corporation, hereinafter referred to as the "City," and
NEPTUNE ASSOCIA'I'[;,'S, A LIMITED PARTNERSHIP, T/A RAMADA INN ON THE
BEACF], liereiiiartc-@r c(@Eerred to as "Ramada Inn."
Wlili'diEAS, it @Ls proposed by Ramada Inn to construct and
iii ovei-lit!@1(t, t@iiel.c@ed walkway for tlie purpose of
coiinecting its caiiference center on the west side of Ocean Avenue
to its restauraiil-. c)ii th(-. east side of Ocean Av(-nue between the
56th Street and 5Ytli Street in the City of Virginia Beach; and
W[II.;,'IIL-'AS, iii c(.)nstructiiig and maintaiiiing such wall@way,
it is necessary that Ramada Inn encroach into the air space over
the I?tibl:[c riglit-of-way known as Ocean Avenue; and, theref()re,
ilaiiiada Inn has roqti(,.citod that. the City grant a teipporary
(-@o I-iici l@ i t,,itt@ st.ich wal.kway witliiii tllt@ iiir fik)at!e over
the public right-ol.'-way of Ocean Avenue.
NOW, THI-'Illif-'ORE, in consideration of the premises and of
the mutual promises hereinafter contained, the City doth grant to
Ramada Inn, to the extent of its authority as contained in
Virginia Code S15.1-376.1, a temporary encroachment to use a
portion of the air space over the public right-of-way known as
Ocean Avenue for the purpose of constructing and maintaining an
overhead, enclosed walkway in accordance with the following terms
and conditions.
1. Ramada inn shall construct and maintain such
May 14, 1984
- 16c -
wa.Lkway i.n a(@corci@it)ce with the laws of the Commonwealth of
vil-,Iilli@i ai@1(i (@',it-.y ()L virqinia Reach, and in accordance with
I Ii(! (,i,Ly L)i J.'LIL)IiC Works' specif ications and api3roval
c.i,.; Lo cic@,;.i,jii, zil.igiijitt)iit Iiid iocation- All plans,
Liii(i cc)ristrtjclion procedures pertaining to the
iiiai.litL@ilzilicL, 01: CC)ll:;LI-Llt.,L.@oii OJ- sucti walkway bhall be app.roved by
LhL, CiLy liepZirLifi(@IIL Of l.'LIL)IiC Works prior to Lhe start of
No or n@aintenince of such walkway
.if@a.LL L:C)Itllilel'ICC-@ LiiiLi.1 a.11 1.)Llriiiits required by law have beell issued
liy Llit.- Ci.ty D(@lizirtiii(@-jiL t)l ilul-)Iic Works or othl)r api)ropriat(@@ iecjal
auLtic)city.
wzill@wiiy litiall be of the typc, Ind shall b(.'
conE,LrucLc!d so as nc)t to interfere with the public use or travel
i)ii ()r, iii Oc(@ziri Av(,iiti(,, iii(i stiall have a ininiiittiiii clearince ol--
si.xi:e(Ill j@-(@ot (-I(il) Z.1tici ,;Iizill havi- diinensions no largor thaii 201 x
---- -------
10, x 1!31. I'lie witi.kway sliall not contaiii or liave pliced tllereon
any naritc,, 1Lttc-rinq c)r cievice intended for identification,
zidvL,rtising or pliblicity purposes,
3. Ramada Inn shall at all times keep the walkway in
proper repair anci stiall inake at its own expense such repairs
thereto as the City or its duly authorized representative shall
deeiTi necessary l@or tiic, safety of persons and property using the
public right-of-way ot Ocean Avenue.
4. Ramada Inn shall restore and replace at its sole
expense any portion of Ocean Avenue and any public utility
disturbed by rpason of the construction, maintenance or existence
-2-
May 14, 1984
16d
of t@ie walkway in a iiianner and with materials satisfactory to the
(,i.i.y @l- t@ILII.y rl@preseiitative.
5 . liaili@1(i@i liiii sliall pay to the City annually for the
licelise graiitecl liereiii a suin equal to the greater of One Dollar
and Pil'ty Cents ($1.50) 1:)er square foot of air space utilized by
sucli walkway ui-- I,'Ukji@ Iluii(ired and Fifty Dollars ($450.00) Such
suiii sliall becotiic@ du(-., aiid payable on the first day of each
ca.I.L)ll(iZir YLar ot: I-)urtioji tiiereof which the wcilkway is in
exisLeiice.
6. Rainada Iiin shall indemnify and hold harmless the
City, its agents aiid einployees, from and against all claims,
I.osscs Z.11)(I L'XP(?t).,ic@s iiicltjding reasoileible Ittorney's fees
wiiicli ttic@- City llizly 1)(@ i-equire(.i to pay or otlierwise sustain by
reasoii of the corit-.ruction, iiiaintenance, location, or exiatence
Of BLich walkway.
7. llaiiiacia [nn shall furnish to the City a certificate
of insurance indicating that Ramada Inn has in effect
comprehensive getieral liability insurance, naining the City as an
additional name insured, which defends and insures the City
against any liability resulting froin the construction,
maintenance or existence of such walkway. Such contract of
insurance shall be written by a company and in the form approved
by the City's Risk manangement Division and shall afford, where
applicable, liability coverage for bodily injury including death,
and/or damage, destruction to and/or loss of use of property in
an amount not less than One Million Dollars ($1,000,000)
-3-
May 14, 1984
16e
for each accident combined single limit coverage. Ramada inn
sh,il@l pay 11.1. I)i-t@illiLlIll.3 Cliargeable for the acquistion and
iii,ii.lll:(,.Il,lnce of liability insurance and shall keep sucil
insLiranc(? in fLi.11 I-oi-ce. and L-ffect at all time8 during the
existeiiee of the walkway. The contract of insurance ahall
contain a provisioti Lliat it shall not be terininated or otherwi8e
allowed to expire prior to sixty days (60) after written notice
Llial@ (:Iic@ ii)surajice wi.11 bLi cancelled is given to the Director of
ltisk Manaqeiiient ol- Lhe CiLy.
0. Rainada Iiin shall furnish a bond to the City, with
corporate surety approved by the City Attorney, in the sum of
Illeii 'I'liotisaiid ($10,000) conditioned upon the coinplet@ion of
COllijl:I:LlCti.Oll, ur, r@,iiioval of tlie walkway by liaiti@ici@i inn
pt:oitipt-I.y upon bei.iij d@irc.@ctL@il to do so by tlie City or its dl]ly
auLhorized represeiilative in accordance with tlie torius of this
agreeineilt. Raiiiada Iiin sliall pay all preiniinuiiis chargeable I-or the
bond and shall kc@ep SLAch bond in full force and effect at all
times during the existence of the walkway. The bond shall
contain a provision that it shall not be terminated or otherwise
allowed to expire prior to sixty (60) days after written notice
that the bond will be cancelled is qiven to the Director of the
City Department oE Public Works.
9. The City does not intend by entering into this
agreement to grant any franchise to Ramada Inn, and the City
hereby expressly reserves the right to terminate or amend this
agreement upon written notice to RaMada inn. Within ninety (90)
days after notice to terminate is given, the walkway shall be
-4-
May 14, 1984
16f
removed from the air space abov* the public right-of@way of Ocean
Avenue by Ramada Inn, and Ramada Inn shall boar all costs and
expenses of such removal. Upon such termination, Ramada Inn
shall also be responsible to repair, replace or restore any
portion of Ocean Avenue or any public utility damaged by the
r*moval of such walkway to the satisfaction of the City or its
duly authorized representative at Ramada Inn's sole expense. On
the failure, refusal or negl*ct of Ramada inn to comply with the
provisions of this paragraph or any other provision of this
Agreement, the City shall havo the right to perform Ramada Inn's
t thoreof to Ramada inn.
obligation hereunder and charge the con
Such cost may be collect*d by th* City in any mannor provided by
law for the collection of local or stat* tax**.
10. Any failure, refusal or neglect to conform fully
with the provisions of this agreement by Ramada Inn shall be
grounds for immediate termination by the City.
CITY OF VIRGINIA BEACH
By
City 14anager
NEPTUNE ASSOCIATES, A LIMITED
PARTNERSHIP, T/A RA14ADA INN ON
THE BEACH By Resort Motor Inns,
Inc., GeDer,#l Partner
By
President
-5-
May 14, 1984
16g
STA'J'I-@' 01!' VII@GI.NCA
cl@,i@y 01!, Viii(l@]'NIA 111-:ACII, to-Wit,
a Notary
Pub.i.ic in aii(i 1--or the City and State aforesaid, do hereby certify
that '.IlliDMAS H. MUI;I'Hl,l-,NBECK, City Manager, and RUTH HODGES SMITH,
Cj,(--y Cl(,i-k, l'ol- 111(' ('I'I'Y Oli' VFR(,INIA 131-',ACII, wlior.L- niines as such
are signed to tlie foregoing Agreeinent have acknowledged the same
befc)re inL@ in my City and State aforesaid.
GIVEN under my hand this ---- day of
19
Notary Public
My
I 01' Vili(@,INIA
01@' Vik(,@INI.A Ill-;IkCll, Lu-
a Notary
Pub.tic iii ajid toi- tlie City and State aforesaid, do hereby Lertify
that David Pender, Ill, President and General Partner of NEPTUNE
ASSOCIATES, A LIMITED PARTNERSHIP, 'r/A RAMADA INN ON THE BEACH BV
RESORT MOTORS INNS, INC., whose name is signed to th.e foregoing
Agreeinent has acknowledged the same before me in my City and
State aforesaid.
GIVEN under iny hand this day of
ry a
My Commission Expires:, Aill@l@OVI@.:) A'l l'O
MES/re
3/1/84
(29C)
-6- A"
Y
May 14, 1984
16h
n
May 14, 1984
1 7
Item II-G
CONSENT AGENDA ITEM 21881
Upon motion by Councilman Baum, seconded by Councilman McCoy, City
Council APPROVED, in ONE MOTION, Items 1, 2, 3, 5, 6, 7, 8, 9, 11,
12, and 13.
City Council DEFERRED until the end of the FORMAL SESSION, Item No. 4,
after which they ADOPTED same.
City Council DEFERRED INDEFINITELY Item No. 10.
Voting: 9-0
Council Members Voting Aye:
John A. Baum, Harold Heischober, Vice Mayor Barbara M. Henley,
H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones,
W. H. Kitchin, III, Reba S. McClanan, and J. Henry McCoy,
Jr., D.D.S.
Council Members Voting Nay:
None
Council Members Absent:
Nancy A. Creech, Meyera E. Oberndorf
May 14, 1984
- 18 -
Item II-G.1
CONSENT AGENDA ITEM # 21882
Upon motion by 6ouncilman Baum, seconded by Councilman McCoy, City
Council ADOPTED an Ordinance to amend Chapter Two of the Code of
the City of Virginia Beach by adding Article XX Department of
HOUSING AND COMMUNITY DEVELOPMENT.
Voting: 9-0
Council Members Voting Aye:
John A. Baum, Harold Heischober, Vice Mayor Barbara M. Henley,
H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones,
W. H. Kitchin, 111, Reba S. McClanan, and J. Henry McCoy,
Jr., D.D.S.
Council Members Voting Nay:
None
Council Members Absent:
Nancy A. Creech, Meyera E. Oberndorf
May 14, 1984
- 18a
AN ORDINANCE TO AMEND CMAPTER TWO OF
THE CODE OF THE CITY OF VIRGINIA BEACH
BY ADDING ARTICLE XX DEPARTMENT OF
HOUSING AND COMMUNITY DEVELOPMENT
Sec. 1. Creation.
There is hereby created a Depaktment of Housing and
Community Development.
Sec. 2. Composition.
The Department of Housing and Community Development shall
consist of the Director of Housing and Community Development
and such other employees as may be provided by the Charter or
by ordinance or by direction of the City Manager consistent
therewith.
This ordinance shall be effective from date of adoption.
Adopted by the City Council of the City of Virginia Beach,
Virginia on day of May 19 84
JDB:jh
5/9/84
May 14, 1984
- 19 -
Item II-G.2
CONSENT AGENDA ITEM # 21883
Upon motion by Councilman Baum, seconded by Councilman McCoy, City Council
ADOPTED an Ordinance, on SECOND RFADING, to amend and reordain Section
35-207 of the C.de of the City of Virginia Beach pertaining to TAX on
CIGARETTES.
Voting: 9-0
Council Members Voting Aye:
John A. Baum, Harold Heischober, Vice Mayor Barbara M. Henley,
H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones,
W. H. Kitchin, 111, Reba S. McClanan, and J. Henry McCoy,
Jr., D.D.S.
Council Members Voting Nay:
None
Council Members Absent:
Nancy A. Creech, Meyera E. Oberndorf
May 14, 1984
19a
AN ORDINANCE TO AMEND AND REORDAIN
SECTION 35-207 OF THE CODE OF THE CITY
OF VIRGINIA REACH PERTAINING TO TAX ON
CIGARETTES
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA;
That Section 35-207 of the Code of the City of Virginia
Beach, Virginia is hereby amended and reordained an follown.
Section 35-207. Levied; amount.
There is hereby levied and imposed by the city, upon each
sal* of cigarettes, a tax *quivalent to
+o8vO75*-per-ten-flOf-ekgarettear-or-freettensi-number-of-L-on
++@*-eigarettesT seven and one-half mills per cigarette sold
within the city, the amount of such tax to be paid by the seller,
if not previously paid, in the manner and at the time provided
for in this article. There shall be a penalty for late payment
of the tax imposed herein ih the amount of ten (10) percentum per
month, and interest in the amount of three quarters (.75) of one
(1) per centum per month, upon any tax found to be overdue and
unpaid.
Adopted by the Council of the City of Virginia Beach,
Virginia on the 14 day of MaY 1984.
MES/sm
3/27/84
(F)
FIRST READING: @X 7@ 1994
SECOND READING: May 14, 1984
AP.,ROVL.@.,S T-,
DEPARTMENT
AS 0 0 A
-A
C', T,,.,.,
May 14, 1984
- 20 -
Item II-G.3
CONSENT AGENDA ITEM # 21884
Upon motion by Councilman Baum, seconded by Councilman McCoy, City Council
ADOPTED an Ordinance, on SECOND READING, to amend and reordain Section
21-75(c) of the Code of the City of Virginia Beach pertaining to local
license taxes on horse trailers.
Voting: 9-0
Council Members Voting Aye:
John A. Baum, Harold Heischober, Vice Mayor Barbara M. Henley,
H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones,
W. H. Kitchin, III, Reba S. McClanan, and J. Henry McCoy,
Jr., D.D.S.
Council Members Voting Nay:
None
Council Members Absent:
Nancy A. Creech, Meyera E. Oberndorf
May 14, 1984
Oa -
Requested by; Vice-Mayor Barbara M Henley
AN ORDINANCE TO AMEND AND REORDAIN
SECTION 21-75(C) OF THE CODE OF THE
CITY OF VIRGINIA BEACH, VIRGINIA,
PERTAINING TO LOCAL LICENSE TAXES
ON HORSE TRAILERS
BE IT ORDAINED By THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That Section 21-75(c) of the Code of the City of
Virginia Beach, Virginia, is hereby amended and reordained to
read as follows:
Section 21-75. Imposition of tax.
(c) The license tax on a one or two-wheel trailer of a
cradle, flat bed or open pickup type which has a body width not
greater than the width of the motor vehicle to which it is
attached at any time of operation, which is pulled or towed by a
passenger car or station wagon, or a pickup or panel truck having
an actual gross of vehicle weight not exceeding five thousand
(5,000) pounds and used for carrying property not exceeding one
thousand five hundred (1,500) pounds at any one time, and for all
trailers designed exclusively to transport boate.or horses, shall
be six dollars and fifty cents ($6.50). Notwithstanding the
above provision, the license tax for each trailer or semitrailer
designed for use as living quarters for human beings shall be
twenty dollars ($20-00).
This ordinance shall be effective on January 1, 1965.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the 14 day of May 1984.
MES/re First Reading: May 7. 1984
4/16/84
4/25/84 Second Readinq: May 14, 1984
(H)
APPROVED AS TO CO.47EI@ f
siGmAiuP.E
DEPARTMENT
D As ro,
May 14, 1984
2 1
Item II-G.4
CONSENT AGENDA ITEM 21885
Upon motion by Councilman Baum, seconded by Councilman McCoy, City Council
DEFERRED until the end of the FORMAL SESSION, an Ordinance to transfer
$51,000 within the FY '84 COMMUNITY SERVICES BUDGET, as per the request
of Councilman Jones.
Voting: 9-0
Council Members Voting Aye:
John A. Baum, Harold Heischober, Vice Mayor Barbara M. Henley,
H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones,
W. H. Kitchin, III, Reba S. McClanan, and J. Henry McCoy,
Jr., D.D.S.
Council Members Voting Nay:
None
Council Members Absent:
Nancy A. Creech, Meyera E. Oberndorf
Aft6r the conclusion of the Planning Items, upon motion by Councilman
Jones, seconded by Councilwoman Creech, City Council ADOPTED an Ordi-
nance to transfer $51,000 within the FY '84 COMMUNITY SERVICES BUDGET.
Voting: 9-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor
Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones,
Robert G. Jones, W. H. Kitchin, Ill, and Reba S. McClanan
Council Members Voting Nay:
None
Council Members Absent:
J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf
May 14, 1984
21 a -
AN ORDINANCE TO TRANSFER
$51,000 WITHIN THE Fy 84
COMMUNITY SERVICES BOARD BUDGET
WHEREAS, the Ccmmity Services Board (CSB) is authorized to revise
its amual budget in response to evolving progr@tic needs, and
, the CSB is required to submit budget revisions to the State
Departnient of Mental Health and Mental Retardation, and
WHEREAS, the CSB must significantly upgrade its data processing
capability to fulfill State Perfo@ce Contracting requirements, and
, the CSB needs a network of data processing equi@t to
facilitate word processing, fee collections, client tracking, accounting functions,
and mintenance of client data base, and
WHEREAS, the funding needed to effectuate this purchase of data pro-
cessing equi@t is available in the current CSB budget.
NOW, RE, BE IT ORDA= BY THE ODUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That a transfer of appropriations in the amunt of $51,000 be made
within the CSB FY-84 budget for funding the purchase of data processing equi@t.
This ordinance shall be effective frcrn the date of its adoption.
Adopted by the Council of the City of Virginia Beach on the 14 day
of May 1984.
May 14, 1984
- 22 -
Item II-G. 5
CONSENT AGENDA ITEM # 21886
Upon motion by Councilman Baum, seconded by Councilman McCoy, City Co4ncil
ADOPTED an Ordinance to transfer Capital Project Funds of $285,000 between
Capital Projects to provide additional funds for LANDSTOWN SHOP MODIFICATIONS.
Voting: 9-0
Council Members Voting Aye:
John A. Baum, Harold Heischober, Vice Mayor Barbara M. Henley,
H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones,
W. H. Kitchin, III, Reba S. McClanan, and J. Henry McCoy,
Jr., D.D.S.
Council Members Voting Nay:
None
Council Members Absent:
Nancy A. Creech, Meyera E. Oberndorf
May 14, 1984
22a
AN ORDINANCE TO TRANSFER CAPITAL PROJECT
FUNDS OF $284,000 BETWEEN CAPITAL PROJECTS
TO PROVII)E ADDITIONAL FUNDS FOR
LANDSTOWN SHOP MODIFICATIONS
WHEREAS, the FY 1984 - FY 1988 Capital Improvement Program includes
project #5-836 Landstown Shop Modifications which provides for various storage
facilities for materials and equipment and site improveinents at the Landstown
Yard, and
WIIEREAS, the city has r@,ceived bids for the current phase oi the work
which includes construction of open and enclosed sheds and related electrical
work with the low bidder being M. N. Rollins Jr., and Company at $123,105, and
WHEREAS, the total project cost including activity to date, the low bid
for the current phase, and a future shop for water pump station operations is
estimated at $444,000, and
WHEREAS, current appropriations for the project total $160,000
resulting in the need for additional funds of $284,000 which may be transferred
from project #5-907 North Virginia Beach Mains due to the completion of that pro-
ject,
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGLNIA
BEACH that appropriations be transferred between capital projects as enumerated
below to provide additional funds for Landstown Shop Modifications:
Transfer from:
5-907 - North Virginia Beach Main $ 284,000
Transfer to:
5-836 - Landstown Shop Modifications $ 284,000
BE IT FURTHER ORDAINED that the low bid of M. M. Rollins, Jr., and
Company for work on the Landstown Shop is hereby accepted and the City Manager is
authorized to enter into the appropriate agreement for the implementation of this
work.
Adopted by the Council of the City of Virginia Beach on the 14 day
of May 19 84
L-1-ORDIOI May 14, 1984
- 23 -
Item II-G.6
CONSENT AGENDA ITEM # 21887
Upon motion by Councilman Baum, seconded by Councilman McCoy, City Council
AUTHORIZED a temporary encroachment into the right-of-way of General
Booth Boulevard (1049 General Booth Boulevard) to AQUA SPORTS, INC.
Voting: 9-0
Council Members Voting Aye:
John A. Baum, Harold Heischober, Vice Mayor Barbara M. Henley,
H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones,
W. H. Kitchin, III, Reba S. McClanan, and J. Henry McCoy,
Jr., D.D.S.
Council Members Voting Nay:
None
Council Members Absent:
Nancy A. Creech, Meyera E. Oberndorf
May 14, 1984
- 24 -
Item II-G.7
CONSENT AGENDA ITEM # 21888
Upon motion by Councilman Baum, seconded by Councilman McCoy, City Council
ADOPTED an Ordinance to authorize a temporary encroachment into a portion
of City property adjacent to Lake Joyce to JOE B. OVERFELT, his heirs,
assigns and successors in title.
This encroachment shall be subject to the following conditions:
1. The owner agrees to apply for and obtain a variance
into the rear yard setback to accommodate said en-
croachment.
2. The owner agrees to remove the encroachment when
notified by the City, at no expense to the City.
3. The owner agrees to keep and hold the City free and
harmless of any liability as a result of the en-
croachment.
4. The owner agrees to maintain said encroachment so
as not to become unsightly or a hazard.
5. This encroachment shall not be in effect until an
agreement has been executed encompassing the above
conditions.
Voting: 9-0
Council Members Voting Aye:
John A. Baum, Harold Heischober, Vice Mayor Barbara M. Henley,
H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones,
W. H. Kitchin, III, Reba S. McClanan, and J. Henry McCoy,
Jr., D.D.S.
Council Members Voting Nay:
None
Council Members Absent:
Nancy A. Creech, Meyera E. Oberndorf
May 14, 1984
- 24a -
Requested By Department of Public Works
AN ORDINANCE TO AUTHORIZE A TEMPORARY
ENCROACHMENT INTO A PORTION OF CITY
PROPERTY ADJACENT TO LAKE JOYCE TO
JOE B. OVERFELT, HIS HEIRS, ASSIGNS
AND SUCCESORS IN TITLE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH VIRGINIA:
That pursuant to the authority and to the extent
thereof contained in Section 15.1-893, Code oi Virginia, 1950, as
amended, Joe B. Overfelt, his heirs, assigns and successors in
title is authorized to construct and maintain a temporary
encroachment into City property adjacent to Lake Joyce.
That the temporary encroachment herein authorized is
for the purpose of constructinq and maintaining a swimming pool
and deck and that said encroachment shall be constructed and
maintained in accordance with the City of Virginia Beach Public
Works Department's specifications as to size, alignment and
location, and further that such temporary encroachment is more
particularly described as follows:
An area of encroachment into a portion
of City's right-of-way known as property
consistinq of a 20 foot strip adjacent to
and surrounding Lake Joyce, on the
certain plat entitled: "SURVEY OF LOTS 7,
8, 9, & 10, BLOCK 5 LEE AVENUE CHESAPEAKE
SHORES,' a copy of which is on file in
the Department of Public Work and to
which reference is made for a more
particular description.
PROVIDED, HOWEVER, that the temporary encroachment
herein authorized shall terminate upon notice by the City of
Virginia Beach to Joe B. Overfelt, his heirs, assigns and
successors in title and that within thirty 30 days after such
notice is given, said encroachment shall be removed from City
property adjacent to Lake Joyce and that Joe B. Overfelt, his
heirs, assigns and successors in title shall bear all costs and
May 14, 1984
- 24b
expenses of such removal.
AND, PROVIDED FURTHER, that it is expressly understood
and agreed that Joe B. Overfelt, his heirs, assigns and
successors in title shall indemnify and hold harmless the City of
Virginia Beach, its agents and employees from and against all
claims, damages, losses, and expenses including reasonable
attorney's fees in case it shall be necessary to file or defend
an action arising out of the location or existence of such
encroachment.
AND, PROVIDED FURTHER, that this ordinance shall not be
in effect until such time that Joe B. Overfelt executes an
agreement with the City of Virginia Beach encompassing the
afore-mentioned provisions.
Adopted by the Council of the City of Virginia Reach,
Virginia, on the 14 day of May 19 84
MES/re
3/20/84 A.) T@-.) '@0,41 FN,@i
(29H)
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May 14, 1984
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.Awl
May 14, 1984
- 25 -
Item 11-G.8
CONSENT AGENDA ITEM # 21889
Upon motion by Councilman Baum, seconded by Councilman McCoy, City Council
ADOPTED an Ordinance appointing viewers in the petition of EDWIN B. LINDSLEY,
JR., for the closure of a portion of Cape Henry Drive (Lynnhaven Borough).
The Viewers are:
Robert J. Scott Director of Planning
David M. Grochmal Assistant to the City Manager
C. Oral Lambert, Jr., Director of Public Works
Voting: 9-0
Council Members Voting Aye:
John A. Baum, Harold Heischober, Vice Mayor Barbara M. Henley,
H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones,
W. H. Kitchin, III, Reba S. McClanan, and J. Henry McCoy,
Jr., D.D.S.
Council Members Voting Nay:
None
Council Members Absent:
Nancy A. Creech, Meyera E. Oberndorf
May 14, 1984
- 25a -
ORDINANCE APPOINTING VIEWERS
WliEREAS, Edwin B. Lindsley, Jr., has given due and proper
notice in accordance with the statutes for such cases made and provided,
that they will on the 14tti day of May, 1984, at 2:00 o'clock p.m., apply
to the City Council of the City of Virginia Beach, Virginia, for the
appointment of Viewers to view the below described property and report
in writing to the Council whether, in the opinion of said Viewers, any,
and if any, what, tnconvenience would result from the discontinuing and
closing of the hereinafter described undeveloped street and have filed
application with said Council.
NOW, THEREFORE, be it ORDAINED by the City Council
of the City of Virginia Beach, Virginia that Robert J. Scott
David M. Grochmal and C. Oral Lambert, Jr. are
hereby appointed to view the below described property and report in
writing to the Council on or before June 12, 1984, whether in their
opinion ariy, and if any, what inconvenience -would result from the
discontinuing, closing and vacating of a portion of that certain
unimproved street, 25 feet wide, known as Cape Henry-Drive, located in
Lynnhaven Beach in the City of Virginia Beach, Virginia, and more par-
ticularly described as follows:
ALL that certain piece or parcel of land, situate,
lying and being in the City of Virginia Beach,
Virginia, and being a portion of that certain undeve-
loped street known as "Cape Henry Drive", being more
particularly bounded and described as follows: com-
mencing at the point of the intersection of the
southeast corner of Lot 13, and the southwest corner
of Lot 14 as shown on that plat of Lynnhaven Beach,
Block L (Map Book 5. Page 71), thence turning and
running north 80@8' east 150.94 feet to a point,
thence turning and running south 51211 east 25.08
May 14, 1984
- 25b -
feet to a point, thence turning and running south
80181 west 300.94 fee@t to a point. thence running
north 51211 we-9 t 25 .08 feet to a point, th,n,e
turning and running north 801081 east 150 feet to the
point of beginning. Said parcel contains 7,523.50
square feet and is more fully described by reference
to that plat entitied "Plat Showing Portion of Cape
Henry Drive to be closed, Lynnhaven Beach, Virginia
Beach, Virginia, Scale: 1" = 20-, January 30, 1984,
Gallop Surveyors & Engineers, Ltd., Virginia Beach,
Virginia".
3.13.3l.C
-2-
May 14, 1984
- 25c -
PICKETT, LYLE, SIEGEL, DRESCHER & CROSHAW
...........
ATTORNEYS AT LAW
.W.. ., 111@.TT ...T.
L.WR@.@' . 1.1-I.- -.T .1@l.E 00. 2121
@L@.@ AN.ALL @..'.@W
.A.K .. ...T.
w@y.@
Cl.,lt,Plf,'ICATL@ OF VESTING OF TITLE
.@.TT
OwLn 13. Piel@eit, attorrkey for lidwin B. Lindsley, Jr., do
ll,!i-@!I)Y cortiry tillit:
1. I tim all litiorticy itt law and represent Edwin B. Lindaley,
Jr., tlie Petitioiier.
2. If tlie proi)erty dc!scv,ibed below is discontinuted, closod
@ifitt v;icut@1(i I)Y tlie Couneil of the City of Virginia fieach, Virginia, then
titiL to said property will vest in l,dwin B. Lindsley, Jr., the holder
or thi@ uii(l(@rlyinly, f@-o iii said property.
:t. 'i'li(! sjiid I)i-oL)ct-ty i-LI'L@t-red to tiorein is hereby doscribed as
follows:
At,[, that certain picc(, or parcel of land, situate,
lying iiiid being ill tlie City of Virginia Beach,
Virl,,iniii, anci bt@ing ii portion of that coriiiin tindeve-
lopeci strect ltilowli us "Cape lietiry I)rivell, being inore
1)tit,ticultirly I)otindt!d iin(i described as follows: coin-
iiieiicing at tlie poiiit of the intersectioil of the
southeast corner of Lot 13, and the southwest corner
c)f l,ot 14 as sliowri oii that plat of Lynnhaven Beacii,
Block f@ (Map Hook 5, Page 71), thence turning and
running nortli 80181 east 150.94 feet to a point,
thence turniiig and running south 51211 east 25.08
feet to a point, thence turning and running aouth
80@81 west 300.94 feet to a point, thence running
north 50211 west 25.08 feet to a point, thence
turning and runiiing north 840391 east 150 feet to the
point of beginning. Said parcel contains 7,523.50
square feet and is more fully deacribed by reference
to that plat entitled "Plat Showing Portion of Cape
lienry Drive to be closed, Lynnhaven Beach, Virginia
Beacil, Virginia, Scale: 1" = 20', January 30, 1984.
Gallop Surveyors L Engineers, Ltd., Virginia B e,,c
Virginia".
Okdn B. Pickett
3.13.28.C
May 14, 1984
25d -
IN THE MATTER OF CLOSING, VACATING AND
DISCONTINUING A PORTION OF THAT CERTAIN
UNDEVELOPED STREET KNOWN AS CAPE HENRY
DRIVE, 25 FOOT STREET AS SliOWN UPON
TIIE PLAT ENTITLED "LYNNHAVEN BEAClill
DULY OF RECORD IN THE CLERK'S OFFICE
OF THE CIRCUIT COUIIT OF THE CITY OF
VIRGINIA BEACII, VIRGINIA, IN MAP BOOK
5. AT PAGE 71.
P E T I T I 0 N
TO: The Mayor and the Members of the Council of the City of
Virginia Beach, Virginia
Your Petitioner, Edwin B. Lindsley, Jr., by his attorney, Owen
B. Pickett, respectfully represent as follows:
1. That pursuant to the provisions of Section 15.1-364 of the
.1950 Code of Virginia, as amended, the Petitioners apply for the
vacating, closing and discontinuance of a portion of a certain undeve-
loped street which is more particularly described as follows:
ALL that certain piece or parcel of land, situate,
lying and being in the City of Virginia Beach,
Virginia, and being a portion of that certain undeve-
loped street known as "Cape Henry Drive", being more
particularly bounded and described as follows: com-
mencing at the point of the intersection of the
southeast corner of Lot 13, and the southwest corner
of Lot 14 as shown on that plat of Lynnhaven Beach,
Block L (Map Book 5. Page 71), thence turning and
runnin.9 north $0181 east 150.94 feet to a point,
thence turning and running south 51211 east 25.08
feet to a point, thence turning and running south
80-81 west 300.94 feet to a point, thence running
north 51211 west 25.08 feet to a point. thence
turning and running north 80,081 east 150 feet to the
point of beginning. Said parcel contains 7,523.50
square feet and is more fully described by reference
to tbat plat entitled "Plat Showing Portion of Cape
Henry Drive to be closed, Lynnhaven Beach, Virginia
Beach, Virginia, Scale: ill = 201, January 30, 1984,
Gallop Surveyors & Engineers, Ltd., Virginia Beach.
Virginia".
-1-
May 14, 1984
- 26 -
Item II-G.9
CONSENT AGENDA TTEM # 21890
Upon motion by Councilman Baum, seconded by Councilman McCoy, City Council
ADOPTED an Ordinance to authorize acquisition of property in fee simple and
the acquisition of temporary and permanent easements for LITTLE NECK ROAD
BIKEWAY PROJECT, either by agreement or by condemnation.
Voting: 9-0
Council Members Voting Aye:
John A. Baum, Harold Heischober, Vice Mayor Barbara M. Henley,
H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones,
W. H. Kitchin, 1II, Reba S. McClanan, and J. Henry McCoy,
Jr., D.D.S.
Council Members Voting Nay:
None
Council Members Absent:
Nancy A. Creech, Meyera E. Oberndorf
May 14, 1984
- 26a -
REQUESTED BY: COUNCILMAN JACK JENNINGS
AN ORDINANCE TO AUTHORIZO ACQUISITION
OF PROPERTY IN FEE SIMPLE AND THE
ACQUISITION OF TEMPORARY AND PERMANENT
EASEMENTS FOR LITTLE NECK ROAD BIKEWAY
PROJECT, EITHER BY AGREEMENT OR BY
CONDEMNATION
WHEREAS, in the opinion of the Council of the City of
Virginia Beach, Virginia, a public necessity exists for the
construction of this important project for public purposes for
the preservation of the saeety, health, peace, good order,
convenience, and welfare of the people in the City of Virginia
Beach.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE
CITY OF VIRGINIA BEACH, VIRGINIA:
Section 1. That the City Attorney is hereby authorized
and directed to acquire by purchase or condemnation pursuant to
Sections 15.1-236, et seq., 15.1-898, 15.1-899, and
Section 33.1-89, et seq, Code of Virginia of 1950, as amended,
all that certain real property for permanent easements as shown
on the plans or plats entitled, Little Neck Road Bikeway, these
plans or plats being on file in the office of Real Estate,
Department of Public Works, Virginia Beach, Virginia.
Section 2. That the City Attorney is hereby authorized
to make or cause to be made on behalf of the City of Virginia
Beach, to the extent that funds are available, a reasonable offer
to the owners or persons having an interest in said lands, if
refused, the City Attorney is hereby authorized to institute
proceedings to condemn said property.
Section 3. That an emergency is hereby declared to
exist and this ordinance shall be in force and effect from the
date of its adoption.
Adopted by the Council of the City of Virg
Virginia, on the __14 day of May 1984 . -
A,
JAR/re 1,7
5/1/84
(9)
- 27 -
Item II-G.10
CONSENT AGENDA ITEM # 21891
Upon motion by Councilman Baum, seconded by Councilman McCoy, City Council
DEFERRED Indefinitely an Ordinance to authorize acquisiton of property in
fee simple and the acquisition of temporary and permanent easements for
SALEM CANAL PHASE 1, either by agreement or by condemnation.
The City Manager will prepare a briefing concerning this matter.
Voting: 9-0
Council Members Voting Aye:
John A. Baum, Rarold Heischober, Vice Mayor Barbara M. Henley,
H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones,
W. H. Kitchin, III, Reba S. McClanan, and J. Henry McCoy,
Jr., D.D.S.
Council Members Voting Nay:
None
Council Members Absent:
Nancy A. Creech, Meyera E. Oberndorf
May 14, 1984
- 28 -
Item II-G.11
CONSENT AGENDA ITEM # 21892
Upon motion by Councilman Baum, seconded by Councilman McCoy, City Council
ADOPTED an Ordinance authorizing and directing the City Manager to execute
an agreement between the City of Virginia Beach and the TIDEWATER TRANS-
PORTATION DISTRICT COMMISSION.
Voting: 9-0
Council Members Voting Aye:
John A. Baum, Harold Heischober, Vice Mayor Barbara M. Henley,
H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones,
W. H. Kitchin, III, Reba S. McClanan, and J. Henry McCoy,
Jr., D.D.S.
Council Members Voting Nay:
None
Council Members Absent:
Nancy A. Creech, Meyera E. Oberndorf
May 14, 1984
- 28a -
AN ORDINANCE AUTHORIZING AND DIRECTING
THE CITY MANAGER TO EXECUTE AN
AGREEMENT BETWEEN THE CITY OF VIRGINIA
BEACH AND THE TIDEWATER TRANSPORTATION
DISTRICT COMMISSION
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
WHEREAS, the City of Virginia Beach (the 'City') owns
and operates a trolley transportation system including seven (7)
trolley vehicles (the "Trolleys") and a maintenance facility (the
'Real Estate") described in that certain Agreement (the
"Agreement") between the City and Tidewater Transportation
District Commission ('TRT') attached hereto; and
WHEREAS, the City desires to sell and TRT desires to
purchase the Trolleys and Real Estate pursuant to the terms of
the Agreement; and
WHEREAS, the Trolleys and Real Estate are in excess of
the needs of the City;
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE
CITY OF VIRGINIA BEACH, VIRGINIA:
That the City Manager of the City of Virginia Beach is
hereby authorized and directed to execute (i) the Agreement
between the City and TRT in substantially the form and content of
the copy attached hereto and made a part hereof, but with such
changes as he shall deem necessary to protect and promote the
intereat of the City and (ii) a Special Warranty Deed conveying
the Real Estate to TRT pursuant to the terms of the Agreement.
Adopted this 14 day of may , 1984, by the
Council of the City of Virginia Beach, Virginia.
CMS/da
Alt.3.1
5/7/84
May 14, 1984
This Agreement, dated as of the - day of April,
1984, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a
political subdivision of the Commonwealth of Virginia
(hereinafter "Virginia Beach"), and TIDEWATER TRANSPORTATION
DISTRICT COMMISSION, a body corporate and politic organized and
existing pursuant to the Transportation District Act of 1964, as
amended (hereinafter "TRT").
W I T N E S S E T H:
WHEREAS, Virginia Beach acquired certain trolley
vehicles listed in Exhibit A in order to provide additional
public transportation in Virginia Beach; and
WHEREAS, Virginia Beach owns and operates a trolley
maintenance facility on that certain parcel of land located in
the City of Virginia Beach and described in Exhibit B attached
hereto (the maintenance facility and the land are hereinafter
collectively referred to as "Real Estate"); and
WHEREAS, TRT operates a regional transportation system
which includes Virginia Beach; and
WHEREAS, Virginia Beach has agreed to lease the trolley
vehicles to TRT and to sell to TRT the Real Estate and the
inventory of personal property (the "Inventory") located thereon
and set forth in the attached Exhibit C; and
WHEREAS, TRT has agreed to hire all City employees
(hereinafter the "Virginia Beach Employees") listed on Exhibit D
currently engaged in operating and maintaining the trolley
vehicles who wish to work for TRT; and
of trolley transportation in Virginia Beach pursuant to the Cost
Allocation Agreement, dated November 18, 1974;
NOW, THEREFORE, in consideration of the agreements and
covenants set forth herein and other good and valuable
consideration, the sufficiency of all of which is hereby
acknowledged, Virginia Beach and TRT agree as follows:
ARTICLE 1. LEASE OF TROLLEY VEHICLES. Virginia Beach
hereby leases to TRT those certain trolley vehicles described in
that certain Master Equipment Financing Agreement, dated as of
April 16, 1980, between Security Pacific National Bank and the
City of Virginia Beach, attached hereto as Exhibit E (hereinafter
the "Pacific Agreement"). Virginia Beach also hereby leases to
TRT those certain trolley vehicles described in that certain
Contract No. 81-248M, dated April 15, 1981, between Municipal
Leasing Corporation and the City of Virginia Beach, attached here-
to as Exhibit F (hereinafter the "Municipal Lease"). The Pacific
Agreement and the Municipal Lease are sometimes referred to herein
collectively as the "Financing Agreements," and the trolley
vehicles described in the Financing Agreements and on Exhibit A
are sometimes referred to collectively herein as the 'Trolleys.'
Virginia Beach warrants that the lease of the Trolleys to TRT willi
not constitute a breach of the Financing Agreements.
1.1. Lease Payments. TRT shall make lease
payments to Virginia Beach in amounts equal to the amounts owed
by Virginia Beach under the Financing Agreements as set forth in
the schedule of payinents attached thereto. Payments by TRT to
-2-
Virginia Beach shall be made on the dates and in the amounts set
forth in the Amortization Schedule attached hereto as Exhibit G.
Upon receipt of such payments, Virginia Beach will immediately
make the payments as and when due under the Financing Agreements
to the proper party. Virginia Beach warrants that payments due
under the Financing Agreements have been made as and when due and
that no default exists with respect to such payments.
1.2. Compliance with Financing Agreements. TRT
shall comply with all of the terms and conditions of the
Financing Agreements, and TRT shall not take any action or fail
to take any action that would catise Virginia Beach to be in
default under the Financing Agreements.
1.3. Conveyance of Trolleys. Upon payment by TRT
of all sums due or to become due under the Financing Agreements
and provided that TRT is not in default of its obligations under
this Agreement, Virginia Beach will immediately assign and convey
all of its interest and title in and to the Trolleys to TRT free
and clear of all liens and encumbrances.
1.4. Use and Maintenance. TRT agrees to use the
Trolleys in a careful and proper manner, and to comply with and
conform to all federal, state, municipal, laws, ordinances, and
regulations applicable in any way (including, but not limited to,
job safety, health, fire, environmental, zoning, law enforcement,
nuisance, and other public consideration) to the possess.
ion, use,
or maintenance of the Trolleys. TRT agrees to comply with and
-3-
observe any conditions of coverage of any policy of insurance
maintained hereunder by or for TRT, and all operations and
maintenance instructions, manuals, and customary trade practices
applicable to the Trolleys. The Trolleys shall only be operated
by qualified (and if required by any law or regulation, duly
licensed) employees of TRT. Subject to the foregoing, TRT shall
be entitled to unlimited use of the Trolleys and to operate the
Trolleys at any time and for any period of time at the
convenience of TRT, and TRT may use the Trolleys for such
purposes and functions as it may deem necessary or convenient.
ARTICLE 2. VIRGINIA BEACH EMPLOYEES. TRT agrees to
hire the Virginia Beach Employees listed on Exhibit D who wish to
work for TRT. Any benefits accrued by the Virginia Beach
Employees prior to the date of employment by TRT shall remain the
responsibility of Virginia Beach.
ARTICLE 3. SERVICE. TRT shall provide trolley trans-
poration service in Virginia Beach in accordance with the desires
of Virginia Beach pursuant to the Costs Allocation Agreement,
dated November 18, 1984.
ARTICLE 4. INSURANCE ON TROLLEYS. TRT shall carry
motor vehicle liability insurance covering the operation of the
Trolleys in an amount not less than One Million Dollars
($1,000,000.00) combined single limit. TRT shall carry physical
damage insurance on the Trolleys in an amount not less than the
actual cash value of the Trolleys which insures against loss or
-4-
damage by collision, fire, and any other insurable casualty.
Policies of such insurance shall name Virginia Beach as an
additional insured and shall contain a provision that they shall
not be cancelled without ten (10) days prior, written notice to
Virginia Beach.
4.1. Insurance on Real Estate. From the date
hereof until the Date of Closing, as hereinafter defined, TRT
shall maintain insurance against such risks as are customarily
insured against with respect to Real Estate and Inventory of like
size and character including without limitation:
(a) Insurance to the extent of the full
replacement cost of the buildings on the Real Estate against loss
or damage by fire and lightning, with broad form extended
coverage including damage by windstorm, explosion, aircraft,
smoke, sprinkler leakage, vandalism, malicious mischief, and such
other risks as are normally included within such coverage
(limited only as may be provided in the standard form for such
coverage at the time in use in Virginia).
(b) Insurance to the extent of One Million
Dollars ($1,000,000) per occurrence against liability for bodily
injury, including death resulting therefrom, and to the extent of
Two Hundred Thousand Dollars ($200,000) per occurrence against
liability for damage to property, including loss of use thereof
arising out of the ownership, maintenance, or use of the Real
Estate or Inventory.
-5-
(c) Such policies of insurance shall name
Virginia Beach as an additional insured and shall provide that I
prior to the Closing Date, as hereinafter defined, all proceeds
to be paid for any claim insured pursuant to 4.1(a) shall be paid
to Virginia Beach. Such policies shall contain a provision that
they shall not be cancelled without ten (10) days prior, written
notice to Virginia Beach.
ARTICLE 5. DISCLAIMER WARRANTY. VIRGINIA BEACH, NOT
BEING THE MANUFACTURER OR SUPPLIER OF THE TROLLEYS NOR A DEALER
IN SIMILAR EQUIPMENT, HAS NOT MADE AND DOES NOT MAKE ANY
REPRESENTATION, WARRANTY, OR COVENANT, EXPRESSED OR IMPLIED, WITH
RESPECT TO THE DESIGN, CONDITION, DURABILITY, SUITABILITY,
PITNESS OR USE, OR MERCHANTABILITY OF THE TROLLEYS IN ANY
RESPECT, AND AS BETWEEN VIRGINIA BEACH AND TRT, THE TROLLEYS ARE
ACCEPTED BY TRT 'WHERE IS,- 'AS IS,' AND -WITH ALL FAULTS,- AND
VIRGINIA BEACH SHALL NOT BE RESPONSIBLE FOR ANY PATENT OR LATENT
DEFECTS THEREIN OR ANY DAMAGES RESULTING THEREFROM. TRT agrees
to settle all such claims directly with the suppliers and
manufacturers and shall not assert any such claims against
Virginia Beach.
ARTICLE 6. REAL ESTATE. Virginia Beach agrees to sell
and TRT agrees to purchase the Real Estate and the Inventory upon
the terms hereinafter stated.
ARTICLE 7. PURCHASE PRICE OF REAL ESTATE. The total
purchase price to be paid by TRT to Virginia Beach for the Real
Estate (the "Real Estate Purchase Price") is Three Hundred Seven
-6-
Thousand Seven Hundred Sixty-One Dollars ($307,761.00). The
total purchase price for the Inventory (the "Inventory Purchase i
Price") is Seven Thousand Five Hundred Eighty-Five and 52/100
Dollars ($7,585.52). The Real Estate Purchase Price and the
Inventory Purchase Price is referred to herein collectively as
the "Purchase Price." The Purchase Price shall be payable by TRT
as follows:
a. The sum of Five Thousand Dollars ($5,000.00) shall
be paid as a deposit upon execution of this Agreement and shall
be applied against the Purchase Price at settlement; and
b. The balance of the Purchase Price shall be paid on
the Closing Date, as hereinafter defined, by check drawn on a
Virginia bank.
ARTICLE 8. CLOSING. Provided all conditions to
closing have been satisfied and provided further TRT is not in
default under this Agreement or has not caused any default under
the Financing Agreements, the closing of the sale of the Real
Estate and the Inventory shall take place on the sixtieth (60th)
day after the date of this Agreement (hereinafter the "Closing
Date"), at the office of Clark and Stant, 900 Sovran Bank
Building, Virginia Beach, Virginia, or at such other time and
place as Virginia Beach and TRT may mutually agree upon in
writing. Possession of the Real Estate and the Inventory shall
be delivered to TRT at the time of execution of this Agreement.
ARTICLE 9. DEED. On the Closing Date, Virginia Beach
shall convey the Real Estate to TRT by Special Warranty deed (the
-7-
"Deed"), free and clear of liens and encumbrances, subject to the
conditions, restrictions, easements, and reservations contained
in the duly recorded deeds, plats, or other instruments in the
chain of title, if any, constituting constructive notice thereof,
none of which will impair the intended use by TRT of the Real
Estate. The Deed shall provide that, in the event TRT ceases to
use the Real Estate in connection with the operation of
transportation facilities, Virginia Beach shall have the right to
repurchase the Real Estate at the then fair market value or Three
Hundred Seven Thousand Seven Hundred Sixty-One Dollars
($307,761.00), whichever is less, provided, however, in any
event, the repurchase price shall be adjusted to include the then
fair market value of all improvements made to the Real Estate by
TRT. TRT shall not convey the Real Estate unless Virginia Beach
waives its right to repurchase, which waiver shall be evidenced
by Virginia Beach signing the Deed. The Deed will also provide
that TRT may, with the written consent of Virginia Beach, which
consent will be evidenced by Virginia Beach signing the deed of
trust, encumber the Real Estate with a deed of trust securing a
loan(s) the proceeds of which will be used for transportation
facilities.
9.1. Bill of Sale. On the Closing Date, Virginia
Beach will convey the Inventory to TRT, free and clear of all
liens and encumbrances, by a Bill of Sale which provides that
"VIRGINIA BEACH MAKES NO REPRESENTATION OR WARRANTY, EXPRESS OR
IMPLIED, WITH RESPECT TO THE MERCHANTABILITY, CONDITION, OR
WORKMANSHIP OF ANY PART OF THE INVENTORY OR ITS SUITABILITY FOR
TRT'S PURPOSES."
-8-
ARTICLE 10. VIRGINIA BEACH'S REMEDIES. In the event
TRT defaults in its obligations under this Agreement and such
default continues for a period of thirty (30) days after written
notice to TRT, the deposit shall be retained by Virginia Beach
and, at its direction, possession of the Trolleys, Real Estate,
and/or Inventory shall be returned to Virginia Beach. In
addition, Virginia Beach shall have available to it such other
remedies at law or in equity, including the remedy of specific
performance, should TRT default hereunder.
ARTICLE 11. TRT'S REMEDIES. In the event Virginia
Beach defaults in its obligations under this Agreement and such
default continues for a period of thirty (30) days after written
notice to Virginia Beach, then TRT may terminate this Agreement.
Upon such termination, the deposit shall be returned to TRT if
such termination occurs prior to the closing of the sale of the
Real Estate, and the Trolleys shall be returned to Virginia
Beach. Nothing contained herein will preclude TRT from making
use of any other remedies at law or in equity available to it.
ARTICLE 12. INDEMNITY. TRT hereby agrees to indemnify
and save Virginia Beach harmless from all liability, claim, loss,
damage, or expense of any kind made or suffered by any party,
during or after the term of this Agreement caused directly or
indirectly by the inadequacy of the Trolleys, Inventory, or Real
Estate, any interruption or loss of service, any loss of
business, or other damage resulting from any fault of or in the
Trolleys, Inventory, or Real Estate arising out of the ownership
selection, possession, operation, control, use, maintenance,
-9-
delivery, or return of the Trolleys or Inventory, including but
not limited to personal injury, property damage, death, or
include cost and
consequential damages. Indemnification shall
red in
expenses, including reasonable attorney's fees incur
negotiations, trial, or appeal by Virginia Beach in connection I
with any claim or action resulting from any such liability.
ia Beach and TRT each
ARTICLE 13. BROKERAGE. virgin
covenant and represent to the other that no real estate agent,
broker, finder, or any other person has acted for it in any way
,i with respect to the sale and purchase contemplated by this
Agreement. Each party further agrees that it shall indemnify and
save the other harmless against any breach of such covenant and
warranty.
ARTICLE 14. MISCELLANEOUS. It is further agreed as
follows:
14.1. AI)Plicable Law. This Agreement shall be
construed and governed in accordance with the laws of the
Commonwealth of Virginia and shall be binding upon the parties,
their successors, and assigns.
14.2. Notices. All notices required hereunder
shall be in writing and delivered by hand or sent by certified
mail, postage prepaid and return receipt requested, to the
following address:
If to Virginia Beach:
City of Virginia Beach
Municipal Center
Virginia Beach, Virginia 23456
ATTN: City Manager
-10-
If to TRT:
Tidewater Transportation District COMMissiln
Post Office Box 2096
Norfolk, Virginia 23501
ATTN: Executive Director
14.3. Third Parties. Neither TRT nor Virginia Beach
intend that any provision of this Agreement should benefit any
person,
firm, or corporation other than TRT and Virginia Beach.
No person, firm, or corporation shall have any rights, whatsover,
as a third-party beneficiary of this Agreement.
14.4. Survival. The provisions of this Agreement
shall survive closing and shall not merge into the deed.
Witness the following signatures of the duly authorized
representatives of the parties. Such actions were duly approved
as to TRT by the Tidewater Transportation District Commission at
its regular monthly meeting held
on April 11, 1984, and as to
Virginia Beach by the Council of the City of Virginia Beach at
its regular meeting held on May 14, 1984.
CITY OF VIRGINIA BEACH
By
ATTEST:
TIDEWATER TRANSPORTATION DISTRICT
COMMISSION
By
ATTEST:
CMS/cb/da
48.22
4/2/84, 4/3/84, 4/5/84, 4/23/84, 4/24/84 5/9/84
EXHIBIT A
TROLLEY VEHICL.Es
VEHICLE IDENTIFICATION ND. YEAR MAKE BODY STYLE TITLE ND.
m6ODA M 10042 78 Dodge BUS 28046758
M60@7601 78 Dodge BLis 28046757
146ODM"0421 0 78 Dodge Bus 27685306
1460DA8T511447 78 Dodge Bus 27685307
l@OH58VJ34063 81 Trolley Bus 29393718
1FD)CB7OH4CVA24070 82 Fbrd Bus 32643077
1FOW7OH913VJ34065 81 Trolley Bus 29391571
This Agreement, dated as of the day of April,
1984, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a
political subdivision of the Commonwealth of Virginia
(hereinafter "Virginia Beach"), and TIDEWATER TRANSPORTATION
DISTRICT COMMISSION, a body corporate and politic organized and
existing pursuant to the Transportation District Act of 1964, as
amended (hereinafter "TRT").
W I T N E S S E T H:
WHEREAS, Virginia Beach acquired certain trolley
vehicles listed in Exhibit A in order to provide additional
public transportation in Virginia Beach; and
WHEREAS, Virginia Beach owns and operates a trolley
maintenance facility on that certain parcel of land located in
the City of Virginia Beach and described in Exhibit B attached
hereto (the maintenance'facility and the land are hereinafter
collectively referred to as "Real Estate'); and
WHEREAS, TRT operates a regional transportation system
which includes Virginia Beach; and
WHEREAS, Virginia Beach has agreed to lease the trolley
vehicles to TRT and to sell to TRT the Real Estate and the
inventory of personal property (the "Inventory") located thereon
and set forth in the attached Exhibit C; and
WHEREAS, TRT has agreed to hire all City employees
(hereinafter the "Virginia Beach Employees') listed on Exhibit D
currently engaged in operating and maintaining the trolley
vehicles who wish to work for TRT; and
WHEREAS, TRT has agreed to continue to provide a system
of trolley transportation in Virginia Beach pursuant to the Cost
Allocation Agreement, dated November 18, 1974;
NOW, THEREFORE, in consideration of the agreements and
covenants set forth herein and other good and valuable
consideration, the sufficiency of all of which is hereby
acknowledged, Virginia Beach and TRT agree as follows:
ARTICLE 1. LEASE OF TROLLEY VEHICLES. Virginia Beach
hereby leases to TRT those certain trolley vehicles described in
that certain Master Equipment Financing Agreement, dated as of
April 16, 1980, between Security Pacific National Bank and the
City of Virginia Beach, attached hereto as Exhibit E (hereinafter
the "Pacific Agreement"). Virginia Beach also hereby leases to
TRT those certain trolley vehicles described in that certain
Contract No. 81-248M, dated April 15, 1981, between Municipal
Leasing Corporation and'the City of Virginia Beach, attached here-
to as Exhibit F (hereinafter the "Municipal Lease"). The Pacific
Agreement and the Municipal Lease are sometimes referred to herein
collectively as the "Financing Agreements,' and the trolley
vehicles described in the Financing Agreements and on Exhibit A
are sometimes referred to collectively herein as the "Trolleys."
Virginia Beach warrants that the lease of the Trolleys to TRT will
not constitute a breach of the Financing Agreements.
1.1. Lease Payments. TRT shall make lease
payments to Virginia Beach in amounts equal to the amounts owed
by Virginia Beach under the Financing Agreements as set forth in
the schedule of payments attached thereto. Payments by TRT to
-2-
Virginia Beach shall be made on the dates and in the amounts set
forth in the Amortization Schedule attached hereto as Exhibit G.
Upon receipt of such payments, Virginia Beach will immediately
make the payments as and when due under the Financing Agreements
to the proper party. Virginia Beach warrants that payments due
under the Financing Agreements have been made as and when due and
that no default exists with respect to such payments.
1.2. Compliance with Financing Agreements. TRT
shall comply with all of the terms and conditions of the
Financing Agreements, and TRT shall not take any action or fail
to take any action that would cause Virginia Beach to be in
default under the Financing Agreements.
1.3. Conveyance of Trolleys. Upon payment by TRT
of all sums due or to become due under the Financing Agreements
and provided that TRT is not in default of its obligations under
this Agreement, Virginia Beach will immediately assign and convey
all of its interest and title in and to the Trolleys to TRT free
and clear of all liens and encumbrances.
1.4. Use and Maintenance. TRT agrees to use the
Trolleys in a careful and proper manner, and to comply with and
conform to all federal, state, municipal, laws, ordinances, and
regulations applicable in any way (including, but not limited to,
job safety, health, fire, environmental, zoning, law enforcement,
nuisance, and other public consideration) to the possession, use,
or maintenance of the Trolleys. TRT agrees to comply with and
-3-
observe any conditions of coverage of any policy of insurance
maintained hereunder by or for TRT, and all operations and
maintenance instructions, manuals, and customary trade practices
applicable to the Trolleys. The Trolleys shall only be operated
by qualified (and if required by any law or regulation, duly
licensed) employees of TRT. Subject to the foregoing, TRT shall
be entitled to unlimited use of the Trolleys and to operate the
Trolleys at any time and for any period of time at the
convenience of TRT, and TRT may use the Trolleys for such
purposes and functions as it may deem necessary or convenient.
ARTICLE 2. VIRGINIA BEACH EMPLOYEES. TRT agrees to
hire the Virginia Beach Employees listed on Exhibit D who wish to
work for TRT. Any benefits accrued by the Virginia Beach
Employees prior to the date of employment by TRT shall remain the
responsibility of Virginia Beach.
ARTICLE 3. SERVICE. TRT shall provide trolley trans-
poration service in Virginia Beach in accordance with the desires
of Virginia Beach pursuant to the Costs Allocation Agreement,
dated November 18, 1984.
ARTICLE 4. INSURANCE ON TROLLEYS. TRT shall carry
motor vehicle liability insurance covering the operation of the
Trolleys in an amount not less than One Million Dollars
($1,000,000.00) combined single limit. TRT shall carry physical
damage insurance on the Trolleys in an amount not less than the
actual cash value of the Trolleys which insures against loss or
-4-
damage by collision, fire, and any other insurable casualty.
Policies of such insurance shall name Virginia Beach as an
additional insured and shall contain a provision that they shall
not be cancelled without ten (10) days prior, written notice to
Virginia Beach.
4.1. Insurance on-Real Estate. From the date
hereof until the Date of Closing, as hereinafter defined, TRT
shall maintain insurance against such risks as are customarily
insured against with respect to Real Estate and Inventory of like
size and character including without limitation:
(a) Insurance to the extent of the full
replacement cost of the buildings on the Real Estate against loss
or damage by fire and lightning, with broad form extended
coverage including damage by windstorm, explosion, aircraft,
smoke, sprinkler leakag'e, vandalism, malicious mischief, and such
other risks as are normally included within such coverage
(limited only as may be provided in the standard form for such
coverage at the time in use in Virginia).
(b) Insurance to the extent of One Million
Dollars ($1,000,000) per occurrence against liability for bodily
injury, including death resulting therefrom, and to the extent of
Two Hundred Thousand Dollars ($200,000) per occurrence against
liability for damage to property, including loss of use thereof
arising out of the ownership, maintenance, or use of the Real
Estate or Inventory.
-5-
(c) Such policies of insurance shall name
Virginia Beach as an additional insured and shall provide that
prior to the Closing Date, as hereinafter defined, all proceeds
to be paid for any claim insured pursuant to 4.1(a) shall be paid
to Virginia Beach. Such policies shall contain a provision that
they shall not be cancelled without ten (10) days prior, written
notice to Virginia Beach.
ARTICLE 5. DISCLAIMER WARRANTY. VIRGINIA BEACH, NOT
BEING THE NANUFACTURER OR SUPPLIER OF THE TROLLEYS NOR A DEALER
IN SIMILAR EQUIPMENT, HAS NOT MADE AND DOES NOT MAKE ANY
REPRESENTATION, WARRANTY, OR COVENANT, EXPRESSED OR IMPLIED, WITH
RESPECT TO THE DESIGN, CONDITION, DURABILITY, SUITABILITY,
FITNESS OR USE, OR MERCHANTABILITY OF THE TROLLEYS IN ANY
RESPECT, AND AS BETWEEN VIRGINIA BEACH AND TRT, THE TROLLEYS ARE
ACCEPTED BY TRT "WHERE IS,n NAB IS,' AND *WITH ALL FAULTS,M AKD
VIRGINIA BEACH SHALL NOT BE RESPONSIBLE FOR ANY PATENT OR LATENT
DEFECTS THEREIN OR ANY DAMAGES RESULTING THEREFRON. TRT agrees
to settle all such claims directly with the suppliers and
manufacturers and shall not assert any such claims against
Virginia Beach.
ARTICLE 6. REAL ESTATE. Virginia Beach agrees to sell
and TRT agrees to purchase the Real Estate and the Inventory upon
the terms hereinafter stated.
ARTICLE 7. PURCHASE PRICE OF REAL ESTATE. The total
purchase price to be paid by TRT to Virginia Beach for the Real
Estate (the "Real Estate Purchase Price") is Three Hundred Seven
-6-
Thousand Seven Hundred Sixty-One Dollars ($307,761.00). The
total purchase price for the Inventory (the 'Inventory Purchase
Price") is Seven Thousand Five Hundred Eighty-Five and 52/100
Dollars ($7,585.52). The Real Estate Purchase Price and the
Inventory Purchase Price is referred to herein collectively as
the "Purchase Price." The Purchase Price shall be payable by TRT
as follows:
a. The SUM of Five Thousand Dollars ($5,000.00) shall
be paid as a deposit upon execution of this Agreement and shall
be applied against the Purchase Price at settlement; and
b. The balance of the Purchase Price shall be paid on
the Closing Date, as hereinafter defined, by check drawn on a
Virginia bank.
ARTICLE 8. CLOSING. Provided all conditions to
closing have been satisfied and provided further TRT is not in
default under this Agreement or has not caused any default under
the Financing Agreements, the closing of the sale of the Real
Estate and the Inventory shall take place on the sixtieth (60th)
day after the date of this Agreement (hereinafter the 'Closing
Date"), at the office of Clark and Stant, 900 Sovran Bank
Building, Virginia Beach, Virginia, or at such other time and
place as Virginia Beach and TRT may mutually agree upon in
writing. Possession of the Real Estate and the Inventory shall
be delivered to TRT at the time of execution of tbis Agreement.
ARTICLE 9. DEED. On the Closing Date, Virginia Beach
shall convey the Real Estate to TRT by Special Warranty deed (the
-7-
"Deed"), free and clear of liens and encumbrances, subject to the@
conditions, restrictions, easements, and reservations contained
in the duly recorded deeds, plats, or other instruments in the
chain of title, if any, constituting constructive notice thereof,
none of which will impair the intended use by TRT of the Real
Estate. The Deed shall provide that, in the event TRT ceases to
use the Real Estate in connection with the operation of
transportation facilities, Virginia Beach shall have the right to
repurchase the Real Estate at the then fair market value or Three
Hundred Seven Thousand Seven Hundred Sixty-One Dollars
($307,761.00), whichever is less, provided, however, in any
event, the repurchase price shall be adjusted to include the then
fair market value of all improvements made to the Real EState by
TRT. TRT shall not convey the Real Estate unless Virginia Beach
waives its right to repurchase, which waiver shall be evidenced
by Virginia Beach signihg the Deed. The Deed will also provide
that TRT may, with the written consent of Virginia Beach, which
consent will be evidenced by Virginia Beach signing the deed of
trust, encumber the Real Estate with a deed of trust securing a
loan(s) the proceeds of which will be used for transportation
facilities.
9.1. Bill of Sale. On the Closing Date, Virginia
Beach will convey the Inventory to TRT, free and clear of all
liens and encumbrances, by a Bill of Sale which provides that
'VIRGINIA BEACH MAKES NO REPRESENTATION OR WARRANTY, EXPRESS OR
IMPLIED, WITH RESPECT TO THE MERCHANTABILITY, CONDITION, OR
WORKMANSHIP OF ANY PART OF THE INVENTORY OR ITS SUITABILITY FOR
TRTIS PURPOSES.'
ARTICLE 10. VIRGINIA BEACH'S REMEDIES. In the event
TRT defaults in its obligations under this Agreement and such
default continues for a period of thirty (30) days after written
notice to TRT, the deposit shall be retained by Virginia Beach
and, at its direction, possession of the Trolleys, Real Estate,
and/or Inventory shall be returned to Virginia Beach. In
addition, Virginia Beach shall have available to it such other
remedies at law or in equity, including the remedy of specific
performance, should TRT default hereunder.
ARTICLE 11. TRT'S REMEDIES. In the event Virginia
Beach defaults in its obligations under this Agreement and such
default continues for a period of thirty (30) days after written
notice to Virginia Beach, then TRT may terminate this Agreement.
Upon such termination, the deposit shall be returned to TRT if
such termination occurs prior to the closing of the sale of the
Real Estate, and the Trblleys shall be returned to Virginia
Beach. Nothing contained herein will preclude TRT from making
use of any other remedies at law or in equity available to it.
ARTICLE 12. INDEMNITY. TRT hereby agrees to indemnify
and save Virginia Beach harmless from all liability, claim, loss,
damage, or expense of any kind made or suffered by any party,
during or after the term of this Agreement caused directly or
indirectly by the inadequacy of the Trolleys, Inventory, or Real
Estate, any interruption or loss of service, any loss of
business, or other damage resulting from any fault of or in the
Trolleys, Inventory, or Real Estate arising out of the ownership,
selection, possession, operation, control, use, maintenance,
-9-
delivery, or return of the Trolleys or Inventory, including but
not limited to personal injury, property damage, death, or
consequential damages. Indemnification shall include cost and
expenses, including reasonable attorney's fees incurred in
negotiations, trial, or appeal by Virginia Beach in connection
with any claim or action resulting from any such liability.
ARTICLE 13. BROKERAGE. Virginia Beach and TRT each
covenant and represent to the other that no real estate agent,
broker, finder, or any other person has acted for it in any way
with respect to the sale and purchase contemplated by this
Agreement. Each party further agrees that it shall indemnify and
save the other harmless against any breach of such covenant and
warranty.
ARTICLE 14. MISCELLANEOUS. It is further agreed as
follows:
14.1. A@plicable Law. This Agreement shall be
construed and governed in accordance with the laws of the
Commonwealth of Virginia and shall be binding upon the parties,
their successors, and assigns.
14.2. Notices. All notices required hereunder
shall be in writing and delivered by hand or sent by certified
mail, postage prepaid and return receipt requested, to the
following address:
If to Virginia Beach:
City of Virginia Beach
Municipal Center
Virginia Beach, Virginia 23456
ATTN: City Manager
-10-
If to TRT:
Tidewater TranSportation District Commission
Post Office Box 2096
Norfolk, Virginia 23501
ATTN: Executive Director
14.3. Third Parties. Neither TRT nor Virginia Beach
intend that any provision of this Agreement should benefit any
person, firm, or corporation other than TRT and Virginia Beach.
No person, firm, or corporation shall have any rights, whatsover,
as a third-party beneficiary of this Agreement.
14.4. Survival. The provisions of this Agreement
shall survive closing and shall not merge into the deed.
Witness the following signatures of the duly authorized
representatives of the parties. Such actions were duly approved
as to TRT by the Tidewater Transportation District Commission at
its regular monthly meeting held on April 11, 1984, and as to
Virginia Beach by the Council of the city of Virginia Beach at
its regular meeting held on May 14, 1984.
CITY OF VIRGINIA BEACH
ATTEST: By
TIDEWATER TRANSPORTATION DISTRICT
COMMISSION
ATTEST: By
CMS/cb/da
48.22
4/2/84, 4/3/84, 4/5/84, 4/23/84, 4/24/84 , 5/9/84
-11-
EXHIBIT A
TROLLEY VEHICLES
VERICL.E IDENTIFICUICN ND. YEiiR mmm BWY STYLE TI= NO.
M60DAgr5lOO42 78 BUS 28046758
M60 7601 78 Dodge Bus 28046757
M60DROT504210 78 Dodge Bus 27685306
M60DAST511447 78 Dodge Bus 27685307
I OE15BVJ34063 81 Trolley Bus 29393718
IFDX87GH4CVA24070 82 PbEd BLIS 32643077
IFOkW7OH99VJ34065 81 Trolley Bus 29391571
- 29 -
Item II-G.12
CONSENT AGENDA ITEM # 21893
Upon motion by Councilman Baum, seconded by Councilman McCoy, City Council
APPROVED Bingo/Raffle Permits for the following:
Bingo Church of the Holy Family
Raffle Tidewater Radio Control, lnc.
Bingo/Raffle Animal Assistance League
Voting: 9-0
Council Members Voting Aye:
John A. Baum, Harold Heischober, Vice Mayor Barbara M. Henley,
H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones,
W. H. Kitchin, 11I, Reba S. McClanan, and J. Henry McCoy,
Jr., D.D.S.
Council Members Voting Nay:
None
Council Members Absent:
Nancy A. Creech, Meyera E. Oberndorf
May 14, 1984
- 30 -
Item II-G.13
CONSENT AGENDA ITEM # 21894
Upon motion by Councilman Baum, seconded by Councilman McCoy, City Council
ADOPTED an Ordinance authorizing Tax Refunds in the amount of $371.08 upon
application of certain persons and upon certification of the Treasurer for
payment.
Voting: 9-0
Council Members Voting Aye:
John A. Baum, Harold Heischober, Vice Mayor Barbara M. Henley,
H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones,
W. H. Kitchin, III, Reba S. McClanan, and J. Henry McCoy,
Jr., D.D.S.
Council Members Voting Nay:
None
Council Members Absent:
Nancy A. Creech, Meyera E. Oberndorf
May 14, 1984
- 30a -
.RM NO. C.A. 7
4/25/84 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- Date Penalty I nt. Total
Year of Tax Number tion No. Paid
Betty Jane Niewoehner 83 pp 178652-3 11/29/83 42.78
John A Tilhou 83 pp 185023-0 3/27/84 328.30
Total 371.08
r.,-Z 7
APR B4
0 v- L-Aw
This ordinance shall be effective from date of adoption.
The above abatement(s) totaling
@371.08 were approved by
the Council of the City of Virginia
Beach on the-L4-day of -@ay-.1984
Approved as to form:
Ruth Hodges Smith
City Clerk
1984
- 31 -
Item II-H.1
PLANNING ITEM # 21895
Attorney Grover Wright represented the applicant
Attorney Edward Caton, represented the opposition, but did not oppose
the WITHDRAWAL.
Daniel Gardner and Attorney Lorin Hay, also represented the opposition
but did not oppose the WITHDRAWAL.
Upon motion by Councilman Jennings, seconded by Councilman McCoy,
City Council ALLOWED WITHDRAWAL of an Ordinance upon application of
ENDICOTT CORPORATION for a Street Closure as per the following:
Application of Endicott Corp., for the discontinuance, closure
and abandonment of a portion of 89th Street beginning at the
northwestern intersection of Atlantic Avenue and 89th Street
and running in a westerly direction a distance of 505.47 feet.
Said street is 50.54 feet in width and contains 25,546.5 square
feet. LYNNHAVEN BOROUGH.
Voting: 8-0
Council Members Voting Aye:
John A. Baum, Harold Heischober, Vice Mayor Barbara M. Henley,
H. Jack Jennings, Jr., Mayor Louis R. Jones, W. H. Kitchin, 111,
Reba S. McClanan, and J. Henry McCoy, Jr., D.D.S.
Council Members Voting Nay;
None
Council Members Absent:
Nancy A. Creech, Robert G. Jones, and Meyera E. Oberndorf
May 14, 1984
31a -
WALLACE B. SMITH
ATTO@ AT LAW
P.O. BOX 6124
VMGINIA MCH. VA 23436
486-2480 January 31, 1984
CERTIFICATE OF VESTING OF TITLE
1, Wallace B. Smith, attorney for Endicott Corp., do
hereby certify that:
1. I am an attorney and represent Endicott Corp., the
petitioner.
2. If the property described below is discontinued, closed
and vacated by the Council of the City of Virginia Beach, Virginia,
then title to said property will vest in Endicott Corp., the holder
of the underlying fee in said property.
The said property referred to herein is hereby described
as follows:
ALL TliAT certain lot, piece or parcel of land, with
the buildings and improvements theteon situate and
being in the City of Virginia Beach, Virginia, and
known and designated as the northern 1/2 of 89th
Street (formerly 126th Street) lying between the
western side of Atlantic Avenue and the eastern side
of liolly Avenue (closed) as shown on the plat of
property owned by G.L. Bonney duly recorded in the
Clerk's Office of the Circuit Court of the City of
Virginia Beach, Virginia in Map Book 7 page 139.
&i@@ ;3,
Wallace B. Smith, Attorney
May 14, 1984
- 31b -
ORDINANCE NO.
IN THE MATTER OF CLOSING, VACATING,
AND DISCONTINUING A PORTION OF THAT
CERTAIN STREET KNOWN AS THE NORTHERN
ONE-HALF OF 89TH STREET, LOCATED IN
THE LYNNHAVEN BOROUGH OF THE CITY OF
VIRGINIA BEACH, VIRGINIA, AS SHOWN
ON THAT CERTAIN PLAT ENTITLED,
"PROPOSED STREET CLOSURE NORTH ONE
HALF OF 89TH STREET LYING SOUTH OF
FT. STORY EAST OF LOT A NORTH OF THE
SOUTH ONE HALF OF 89TH STREET WEST OF
ATLANTIC AVENUE AS SHOWN ON PLAT OF
LAKE GEORGE CORPORATION M.B. 95 P.41
LYNNHAVEN BOROUGH VIRGINIA BEACH,
VIRGINIA 29 DEC. '83 MADE FOR
ENDICOTT CORP. D.B. 2303 P. 250",
WHICH PLAT IS ATTACHED HERETO AND
MADE A PART HEREOF.
WHEREAS, it appearing by affidavit that proper notice
has been given by Endicott Corp., that it would make
application to the Council of the City of Virginia Beach,
Virginia on February 1, 1984, to have the hereinafter
described street discontinued, closed, and vacated; and
WHEREAS, it is the judgment of the Council that said
street be discontinued, closed, and vacated;
NOW, THEREFORE,
SECTION I
BE IT ORDAINED by the Council of the City of Virginia
Beach, Virginia, that the hereinafter described street be
discontinued, closed and vacated:
Northern 1/2 of 89th Street (formerly 126th Street)
beginning at a point on the west side of Atlantic
Avenue at the intersection with the present northern
most boundary line of 89th Street (formerly 126th
May 14, 1984
- 31c -
Street) as shown on that certain plat entitled
"Plan of Lots Situated in Princess Anne Co.,
Va. surveyed for G. L. Bonney, Feb. 1926
Scale 40' = 1" recorded in the Clerk's Office
of the Circuit Court of the City of Virginia
Beach, Va., in Map Book 7, page 139, and also
shown on that certain plat recorded in the afore-
said Clerk's Office in Map Book 95, page 41 and
from said point of beginning, running thence
S 761 03' 56" W 505.47' to a point, which point
is also the northeastern most corner of Lot A
as shown on Map Book 95, page 41; thence turning
and running S 051 30' E 50.54' to a point; thence
turning and running N 76* 03' 56" E 505.47' to a
point in the western line of Atlantic Avenue;
thence turning and running N 051 301 W 50.54' to
the point of beginning.
Said parcel of land being a portion of 89th Street as
indicated on that certain plat entitled, "Proposed Street
Closure North One Half of 89th Street Lying South of Ft. Story
East of Lot A North of the South One Half of 89th Street West of
Atlantic Avenue as Shown on Plat of Lake George Corporation
M.B. 95 P. 41 Lynnhaven Borough Virginia Beach, Virginia 29 Dec.
'83 Made for Endicott Corp. D.B. 2303 P. 250", and which plat
is attached hereto and made a part hereof by reference.
SECTION II
A certified copy of this Ordiance shall be filed in the
Office of the Circuit Court of the City of Virginia Beach,
indexed in the name of the City of Virginia Beach, as grantor.
SECTION III
May 14, 1984
- 32 -
Item II-H.2
PLANNING ITEM # 21896
Attorney Grover Wright represented the applicant
A motion was made by Councilman Kitchen seconded by Councilwoman McClanan
to DENY an Ordinance closing, vcacating and discontinuing a portion of
14th Street in the petition of the THE SANDCASTLE MOTEL (Virginia Beach
Borough).
Voting: 3-6 (MOTION TO DENY LOST)
Council Members Voting Aye:
Vice Mayor Barbara M. Henley, W. H. Kitchin, III, and
Reba S. McClanan
Council Members Voting Nay:
John A. Baum, Nancy A. Creech, Harold Heischober, H. Jack
Jennings, Jr., Mayor Louis R. Jones, and J. Henry McCoy,
Jr., D.D.S.
Council Members Absent:
Robert G. Jones, and Meyera E. Oberndorf
Upon motion by Councilman Baum, seconded by Councilwoman Creech, City Council
ADOPTED an Ordinance upon application of THE SANDCASTLE MOTEL for a Street
Closure as per the following:
Ordinance upon application of The Sandcastle Motel, Inc. for
the discontinuance, closure and abandonment of a portion of
14th Street beginning at the Eastern boundary of Atlantic
Avenue and running in an easterly direction a distance of
150 feet. Said parcel is 80 feet in width and contains
12,000 square feet. VIRGINIA BEACH BOROUGH.
Approval shall be subject to the following:
1. Convenyance to the City by deed of property to the north
of equal size and area as the portion of the street to be
closed, in order to provide equivalent access to the beach
and boardwalk;
2. Provision of a bond to cover the cost of right-of-way im-
provements, as required by City staff, on the parcel to
be conveyed to the City;
3. Resubdivision of the property to incorporate the closed
portion into adjacent parcels to avoid the creation of
any nonconforming lots;
May 14, 1984
- 33 -
Item II-H.2
PLANNING ITEM # 21896 (Continued)
4. The closure of this right-of-way shall be contingent upon
compliance with the above stated conditions within 180
days of the approval by City Council.
Voting: 6-3
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober, H. Jack
Jennings, Jr., Mayor Louis R. Jones, and J. Henry McCoy,
Jr., D.D.S.
Council Members Voting Nay:
Vice Mayor Barbara M. Henley, W. H. Kitchin, III, and
Reba S. McClanan
Council Members Absent:
Robert G. Jones, and Meyera E. Oberndorf
May 14, 1984
33a -
(;I?OVER C. WIIIGIIT,.JR.
\'114C.INIA
January 23 , 1984
CERTIFICATE OF VESTING OF TITLE
I, Grover C. Wright, Jr., attorney for The
Sandcastle Motcl, Inc., do hereby certify that:
1. I aiii an attorney at law and represent The
Sandcastle Motel, Inc., the petitioner.
2. if the property described below is dis-
continued closed and vacated by the council of the City of
Virqinia ;each, Virginia, then title to said property will
vest in The Sandcastle motel, Inc., the adjacent landowner.
-phe said property referred to herein is hereby
described as follows:
All that certain piece or parcel of land
situate, lying and being in the CitY Of
Virginia Beach, State of Virginia, designated
as that portion of 14th Street lying between
Atlantic Avenue and Atlantic Boulevard, as
shown on the plat of "Property of Norfolk R. R.
Virginia Beach, Virginia", which plat is recorded
in the Clerk's office of the Circuit Court of the
City of Virginia Beach, virginia, in Map Book 6,
at page 329.
rover
May 14, 1984
- 33b
CITY OF VIRGINIA BEACH
TO (ORDINANCE OF VACATION
THE SANDCASTLE MOTEL, INC.
a Virginia Corporation
AN ORDINANCE VACATING AND DISCONTINUING
A PORTION OF 14TH STREET, IN VIRGINIA BEACH
BOROUGH, IN THE CITY OF VIRGINIA BEACH, VIRGINIA
WHEREAS, proper notice of the intended application
of the applicant, The Sandcastle Motel, Inc., to be
presented to the City Council of the City of Virginia Beach,
Virginia, on the day of , 1984, for the
vacation of the hereinafter described public street in the
City of Virginia Beach, Virginia, was on the day of
, 1984, and on the day of 1
1984, duly published twice with six days elapsing between
the two publications in a newspaper published or having
general circulation in the City of Virginia Beach, virginia,
specifying the time and place of hearing at which affected
persons might appear and present their views, in conformity
with the manner prescribed by Code of Virginia, Section
15.1-364, for the institution of proceedings for the
vacation of a public street; and
WHEREAS, said application was made to the City
Council of the City of Virginia Beach, Virginia, on the
- day of , 1984, and in conformity with the
manner prescribed by Code of Virginia, Section 15.1-364, for
the conduct of such proceedings, the City Council of the
City of Virginia Beach, Virginia, on the _ day of
May 14, 1984
33c
1984, appointed
and as viewers to view such street
and report in writing whether in their opinion any, and if
any, what inconvenience would result from discontinuing the
same, and said viewers have made such report to the City
Council of the City of Virginia Beach, Virginia; and
WHEREAS, from such report and other evidence, and
after notice to the land proprietors affected thereby, along
the street proposed to be vacated, it is the judgment of the
City Council of the City of Virginia Beach, Virginia, that
these proceedings have been instituted, conducted and
concluded in the manner prescribed by Code of Virginia,
Section 15.1-364, that no inconvenience would result from
vacating and discontinuing the portion of said street, and
that the portion of said street should be vacated and
discontinued;
NOW, THEREFORE, BE IT ORDAINED by the Council of
the City of Virginia Beach, Virginia:
1. That the following portion of 14th Street in
the Borough of Virginia Beach, in the City of Virginia
Beach, Virginia, be and the same is hereby vacated and
discontinued:
All that portion of 14th Street between
Atlantic Avenue and Atlantic Boulevard
in Virginia Beach Borough of the City of
Virginia Beach, Virginia, as shown on
"Property of Norfolk R. R. Virginia Beach,
Virginia", recorded in the Clerk's Office
of the Circuit Court of the City of Virginia
Beach, Virginia, in Map Book 6, at page
329, and as shown on the plat attached
hereto entitled "Study Plan of Proposed Street
May 14, 1984
- 33d -
Closure and Relocation of 14th Street East
of Atlantic Ave.", Virginia Beach Borough,
Virginia Beach, Virginia, dated October 19,
1983, and made by Gallup Surveyors & Engineers,
Ltd.
2. A certified copy of this ordinance of vacation
shall be recorded as deeds are recorded and indexed in the
name of the City of Virginia Beach, Virginia, as grantor,
and in the name of The Sandcastle Motel, Inc., as grantee,
in the Clerk's Office of the Circuit Court of the City of
Virginia Beach, Virginia, at the expense of the applicant.
3. This ordinance shall be effective thirty (30)
days from the date of its adoption.
Certified to be a true and exact copy of an
ordinance adopted by the City Council of the City of
Virginia Beach, Virginia, at its regular meeting held
on the day of 1984.
TESTE: RUTH SMITH, CITY CLERK
By
City Clerk
May 14, 1984
- 34 -
Item II-H.3
PLANNING ITEM # 21897
Attorney Grover Wright represented the applicant.
Richard J. Battaglia represented E.S.G. Enterprises, Inc.
Michael Gelardi, representing the applicant, was in attendance but did
not speak.
Reverend George T. Stallings, represented self, spoke in favor.
Phil Flanagan, property owner, spoke in favor
Mel Koch, Tourist Bureau, spoke in favor
Opposition:
Lieutenant Commander Allen Petrie, representing NAS OCEANA
William Weber, President, South Rudee Shores Civic League
Phil Cromartie, representing citizens of Bells Road (Petition from
residents of Bells Road is hereby made a part of the record.)
Upon motion by Coucilwoman McClanan, seconded by Vice Mayor Henley, City
Council DEFERRED for one week to the City Council Meeting of May 21, 1984,
an Ordinance upon application of E.S.G. ENTERPRISES for a Conditional
Use Permit per the following:
ORDINANCE UPON APPLICATION OF E.S.G. ENTERPRISES FOR A
CONDITIONAL USE PERMIT FOR RECREATIONAL FACILITIES OF
AN OUTDOOR NATURE (Amusement Park: "Old Virginia" with
"Funland" and "Camelot")
An Ordinance upon application of E.S.G. Enterprises, Inc. for a
Conditional Use Permit for recreational facilities of an outdoor
nature to include dirt bike track, go cart track, bicycle track,
dune buggy track, Nascar track, Grand Prix track, Cam Am track,
roller coaster, Zumur, Red Baron, paddle boards, boat races,
bumper cars, train rides, flying robot, go cart slide, cosmic
orbitor, merry go round, log swing, Granny bus, carousel, The
Worm, radio control speed races, mono rail, mini-coasteil ride,
Atlantic Marine World and restaurant, game pavilion and con-
cession stand on certain property located on the west side of
South Birdneck Road beginning at a point 307.91 feet south of
Bells Road, running a distance of 992.07 feet along the west
side of Birdneck Road, running a distance of 422.01 feet in a
westerly direction, running a distance of 725.38 feet in a
southerly direction, running a distance of 471.98 feet in a
southwesterly direction, running a distance of 889.14 feet in a
northwesterly direction, running a distance of 549.98 feet in
a northerly direction, running a distance of 543.92 feet in a
southwesterly direction, running a distance of 1187.41 feet in
a northwesterly direction, running a distance of 1501.12 feet
along the northern property line, running a distance of 159.73
feet in a northerly direction, running a distance of 99.81 feet
along the south side of Bells Road, running a distance of 308.07
feet in a southerly direction and running a distance of 307.61
feet in an easterly direction. Said parcel contains 70 acres
more or less. PRINCESS ANNE BOROUGH.
Councilwoman McClanan requested DEFERREL for submission of a revised site
plan and agreement describing the property by the applicant.
May 14, 1984
- 35 -
Item II-H.3
PLANNING ITEM # 2189- (Continued)
Voting: 9-1
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor
Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones,
Robert G. Jones, W. H. Kitchin, III, and Reba S. McClanan
Council Members Voting Nay:
J. Henry McCoy, Jr., D.D.S.
Council Members Absent:
Meyera E. Oberndorf
May 14, 1984
- 36 -
Item II-H.4
PLANNING ITEM # 21898
Attorney Kevin Brunick represented the applicant
Priscilla Beebe, representing Green Run Homes Association, spoke in
opposition oppositon (Petition signed by residents in opposition to this
application is hereby made a part of the record)
Gloria P. Jackson, representing self, spoke in opposition
Letter from Wayne A. Smith, applicant, dated April 17, 1984, is hereby
made a part of the record
Upon motion by Councilwoman McClanan, seconded by Councilman Jennings,
City Council DENIED an Ordinance upon applicationof KENNETH E. MALBON
AND WAYNE A. SMITH for a modification to the Green Run Land Use Plan
as pwer the following:
ORDINANCE UPON APPLICATION OF KENNETH E. MALBON AND WAYNE A.
SMITH FOR A MODIFICATION TO THE GREEN RUN LAND USE PLAN TO
ALLOW A CAR WASH
Ordinance upon application of Kenneth E. Malbon and Wayne A.
Smith for a Modification to the Green Run Land Use Plan to
allow a car wash at the northeast corner of Lynnhaven Park-
way and Primrose Lane. Said parcel contains 1.068 acres.
PRINCESS ANNE BOROUGH
Voting. 9-1
Council Members Voting Aye:
John A. Baum, Harold Heischober, Vice Mayor Barbara M. Henley,
H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones,
W. H. Kitchin, III, Reba S. McClanan, and J. Henry McCoy,Jr.,
D.D.S.
Council Members Voting Nay:
Nancy A. Creech
Council Members Absent:
Meyera E. Oberndorf
- 37 -
ltem II-H.5
PLANNING ITEM # 21899
Upon motion by Councilman McCoy, seconded by Councilman Heischober, City
Council ALLOWED WITHDRAWAL of an Ordinance upon application of ARNOLD T.
AND BARBARA T. ROGISTER for a Change of Zoning per the following:
ORDINANCE UPON APPLICATION OF ARNOLD T. AND BARBARA T. ROGISTER
FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM R-6 TO
0-1
An Ordinance upon application of Arnold T. and Barbara T.
Rogister for a Change of Zoning District Classification
from R-6 Residential District to 0-1 Office District on
certain property located on the east side of Kempsville
Road beginning at a point 497.67 feet north of Quarry
Lane, running a distance of 79.54 feet along the east
side of Kempsville Road, running a distance of 594.49
feet along the northern property line, running a dis-
tance of 350.14 feet along the eastern property line,
running a distance of 381.92 feet in a northwesterly di-
rection, running a distance of 111.54 feet in a north-
easterly direction and running a distance of 270 feet in
a northwesterly direction. Said parcel is located at
1504 Kempsville Road and contains 2.973 acres. KEMPSVILLE
BOROUGH.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor
Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones,
Robert G. Jones, W. H. Kitchin, III, Reba S. McClanan, and
J. Henry McCoy, Jr., D.D.S.
Council Members Voting Nay:
None
Council Members Absent:
Meyera E. Oberndorf
May 14, 1984
- 38 -
Item II-H.6
PLANNING ITEM # 21900
Upon motion by Councilman McCoy, seconded by Vice Myaor Henley, City
Council ALLOWED WITHDRAWAL of an Ordinance upon application of E.
LOUISE KING or ASSIGNS for a Change of Zoning per the following:
ORDINANCE UPON APPLICATION OF E. LOUISE KING OR ASSIGNS FOR
A CHANGE OF ZONTNG DISTRICT CLASSIFICATION FROM R-6 TO 0-1
Ordinance upon application of E. Louise King or assigns for
a Change of Zoning District Classification from R-6 Residential
District to 0-1 Office District on cer a@in property located
on the east side of Kempsville Road beginning at a point
420 feet more or less north of Quarry Lane, running a dis-
tance of 77.67 feet along the east side of Kempsville Road,
running a distance of 270 feet along the northern property
line, running a distance of 111.54 feet alotig the eastern
property line and running a distance of 272 feet along the
southern property line. Said parcel is located at 1506
Kempsville Road and contains 25,570 square feet. KEMPSVTLLE
BOROUGH
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor
Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones,
Robert G. Jones, W. H. Kitchin, III, Reba S. McClanan, and
J. Henry McCoy, Jr., D.D.S.
Council Members Voting Nay:
None
Council Members Absent:
Meyera E. Oberndorf
May 14, 1984
- 39 -
Item II-H.7
PLANNING ITEM # 21901
Jerry Harris represented the applicant
Upon motion by Councilman McCoy, seconded by Councilman Baum, City
Council ADOPTED an Ordinance upon application by HOYT AND ELIZABETH
FREEMAN for a Change of Zoning per the following:
ORDINANCE UPON APPLICATION OF HOYT & ELIZABETH FREEMAN FOR A
CHANGE OF ZONING DISTRICT CLASSIFICATION FROM B-2 TO A-2
Z0584850
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
Ordinance upon application of Hoyt & Elizabeth Freeman for a
Change of Zoning District Classification from B-2 Community-
Business District to A-2 Apartment District on certain property
located at the northeast corner of McDonald Road and Mineola
Drive, running a distance of 210.71 feet along the east side
of MacDonald Road, running a distance of 117.29 feet in a
southeasterly direction, running a distance of 30 feet in a
northerly direction, running a distance of 52.33 feet in a
southeasterly direction, running a distance of 30 feet in
a southwesterly direction, running a distance of 5.97 feet
in a southeasterly direction, running a distance of 90 feet
in a southwesterly direction, running a distance of 44.90
feet in a southeasterly direction and running a distance of
99.50 feet along the north side of Mineola Drive. Said
parcel contains 20,000 square feet. KEMPSVILLE BOROUGH.
This Ordinance shall be effective upon the date of adoption.
Adopted by the Council of the CiLy of Virginia Beach, Virginia on the
Fourteenth day of May, Nineteen Hundred and Eighty-Four.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor
Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones,
Robert G. Jones, W. H. Kitchin, III, Reba S. McClanan, and
J. Henry McCoy, Jr., D.D.S.
Council Members Voting Nay:
None
Council Members Absent:
Meyera E. Oberndorf
May 14, 1984
- 40 -
Item 11-H.8
PLANNTNG ITEM # 21902
Attorney Grover Wright represented the applicant
Upon motion by Councilman McCoy, seconded by Vice Mayor Henley, City
Council ADOPTED an Ordinance upon application of DR. C. M. McCOY for
a Change of Zoning per the following:
ORDINANCE UPON APPLICATION OF DR. C.M. McCOY FOR A
CHANGE OF ZONING DISTRICT CLASSIFICAION FROM B-1
TO B-2 Z0584851
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
An Ordinance upon application of Dr. C. M. McCoy for a
Change of Zoning Distritt Classifitation from B-1 Busi-
ness-Residential District to B-2 Community-Business
District on certain property located on the west side
of South Military Highway beginning at a point 350
feet more or less north of Alexandra Avenue, running
a distance of 580.26 feet along the west side of South
Military Highway, running a distance of 135 feet in a
northwesterly direction, running a distance of 100 feet
in a northeasterly direction, running a distance of
208.65 feet in a northwesterly direction, running a
distance of 628.07 feet along the western property
line and running a distance of 350 feet along the
southern property line. Said parcel contains 4.94
acres. KENPSVILLE BOROUGH.
This Ordinance shall be effective upon the date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia on the
Fourteenth day of May, Nineteen Hundred and Eighty-Four.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor
Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones,
Robert G. Jones, W. H. Kitchin, IIT, Reba S. McClanan, and
J. Henry McCoy, Jr., D.D.S.
Council Members Voting Nay:
None
Council Members Absent:
Meyera E. Oberndorf May 14, 1984
- 41 -
Item II-H.9
PLANNING ITEM # 21903
Reverend Joseph L. Gwynn represented the applicant
Upon motion by Councilman McCoy, seconded by Councilman Heischober, City
Council ADOPTED an Ordinance upon application of the KEMPSVILLE CHAPEL
for a Change of Zoning per the following:
ORDINANCE UPON APPLLCATION OF the CONGREGATION OF THE
KEMPSVILLE CHAPEL FOR A CHANGE OF ZONING DISTRICT
CLASSIFTCATION FROM A-1 TO B-2 Z0584852
BE IT HEREBY ORDAINED BY THE COLTNCIL OF THE CITY OF VIRGTNIA BEACH, VIRGINIA:
An Ordinance upon application of the Congregation of the
Kempsville Chapel for a Change of Zonin@ District Classi-
fication from A-1 Apartment District to B-2 Community-
Business District on certain property located on the
north side of Holland Road beginning at a point 280 feet
more or less east of Windsor Oaks Boulevard, running a
distance of 334.45 feet along the north side of Holland Road,
running a distance of 197.74 feet along the eastern property
line, running a distance of 349.12 feet along the northern
property line and running a distance of 281.78 feet along
the western property line. Said parcel contains 1.853
acres. KEMPSVILLE BOROUGH
The following condition shall be required:
1. The applicant shall voluntarily agree to limit the
number of curb cuts on Holland Road to two (2).
This Ordinance shall be effective upon the date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia on the
Fourteenth day of May, Nineteen Hundred and Eighty-Four.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor
Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones,
Robert G. Jones, W. H. Kitchin, TII, Reba S. McClanan, and
J. Henry McCoy, Jr., D.D.S.
Council Members Voting Nay:
None
Council Members Absent;
Meyera E. Oberndorf
May 14, 1984
- 42 -
Item II-H.10
PLANNING ITEM # 21904
Attorney Grover Wright represented the applicant
Nicholas J. Hutsko, representing Kathleen B. Grier, was in
attendance, but did not speak
Upon motion by Councilman McCoy, seconded by Councilman Baum, City
Council ADOPTED an Ordinance upon application of MRS. KATHLEEN B.
GRIER for a Change of Zoning per the following:
ORDINANCE UPON APPLICATION OF MRS. KATHLEEN B. GRIER FOR
A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM R-6 TO
B-2 Z0584853
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
An Ordinance upon application of Mrs. Kathleen B. Grier
for a C from R-6
Residential District to B-2 Community-Business District
on certain property located on the south side of Indian
River Road beginning at a point 609.53 feet east of
Kempsville Road, running a distance of 156.02 feet
along the south side of Indian River Road, running a
distance of 213.42 feet along the eastern property
line, running a distance of 165.40 feet along the
southern property line and running a distance of
210.72 feet along the western property line. Said
parcel is located at 5217 Indian River Road and con-
tains 34,082 square feet. KEMPSVTLLE BOROUGH.
The following conditions shall be required:
1. This parcel is to be incorporated with the adjoining
parcel.
2. No additional curb cuts on Tndian River Road.
This Ordinance shall be effective upon the date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia on the
Fourteenth day of May, Nineteen Hundred and Eighty-Four.
May 14, 1984
- 43 -
Item II-H.10
PLANNING ITEM # 21904 (Continued)
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor
Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones,
Robert G. Jones, W. H. Kitchin, III, Reba S. McClanan, and
J. Henry McCoy, Jr., D.D.S.
Council Members Voting Nay:
None
Council Members Absent:
Meyera E. Oberndorf
May 14, 1984
- 44 -
Item II-H.11
PLANNING ITEM # 21905
Attorney Grover Wright represented the applicant
Joseph Wharton, Langley and MacDonald, spoke in favor of the application
Joseph A. Budy, Jr., Chimney Hill Community Associates, spoke in opposition.
Upon motion by Councilman McCoy, seconded by Councilman Heischober, City
Council ADOPTED an Ordinance upon application of ROSE HOLLAND ASSOCIATES
for a Change of Zoning per the following:
ORDINANCE UPON APPLICATION OF ROSE HOLLAND ASSOCIATES FOR
A CHANGE OF ZONING DISTRICT CLASSIFTCATION FROM 0-1 TO
A-2 Z0584854
BE IT HEREBY ORDAINED BY THE COUNCTL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
An Ordinance upon application of Rose Holland Associates
for a Change of Z6ning Disttict Classification from 0-1
Office District to A-2 Apartment District on certain
property located at the northwest corner of Chimney Hill
Parkway and Smokey Chamber Drive, running a distance of
583.13 feet along the north side of Smokey Chamber Drive,
running a distance of 307.86 feet along the east side of
Chaseway Street, running a distance of 117.37 feet in an
easterly direction, running a distance of 205.05 feet in
a southerly direction, running a distance of 506.22 feet
in an easterly direction, running a distance of 96.36
feet along the west side of Chi.mney Hill Parkway and
running around a curve in a southwesterly direction a
distance of 30.22 feet. Said parcel contains 2.172 acres.
KEMPSVILLE BOROUGH
The following condition shall be required:
1. The total number of townhouses shall be limited to 36 units.
This Ordinance shall be effective upon the date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia on the
Fourteenth day of May, Nineteen Hundred and Eighty-Four.
May 14, 1984
- 45 -
Item II-H.11
PIANNING ITEM # 21905 (Continued)
Voting: 6-4
Council Members Voting Aye:
Nancy A. Creech, Harold Heischober, H. Jack Jennings, Jr.,
Mayor Louis R. Jones, Robert G. Jones, and J. Henry McCoy, Jr.,D.D.S.
Council Mebers Voting Nay:
John A. Baum, Vice Mayor Barbara M. Henley, W. H. Kitchin, III,
and Reba S. McClanan.
Council Members Absent:
Meyera E. Oberndorf
May 14, 1984
- 46 -
Item II-H.12
PLANNING ITEM # 21906
Attorney Grover Wright represented the applicant and requested WITHDRAWAL
of the application. (Copy of the letter requesting WITHDRAWAL is hereby
made a part of the record.)
Paul J. Jones, representing Witchduck Landing and Residents of DeLaura
Forest, spoke in opposition.
Upon motion by Councilman Heischober, seconded by Councilman Jennings, City
Council ALLOWED WITHDRAWAL of an Ordinance upon application of John G.
and Mary Williams for a Change of Zoning per the following:
ORDINANCE UPON APPLICATION OF JOHN G. AND MARY
WILLIAMS FOR A CHANGE OF ZONING DISTRICT CLASSI-
FICAT10N FROM R-6 to A-1
An Ordinance upon application of John G. and Mary
Williams for a Change of Zoning District Classi-
fication from R-6 Residential District to A-1
Apartment District on certain property beginning
at a point 150 feet more or less southwest of the
intersection of Holly Farms Drive and DeLaura
Lane, running a distance of 2361.80 feet along
the eastern property line, running a distance of
889.46 feet along the northern property line, running
a distance of 605.74 feet in a southwesterly direction,
running a distance of 500.52 feet in a southeasterly
direction and running a distance of 1895.14 feet along
the western property line. Said parcel contains 25
acres. BAYSIDE BOROUGH.
Voting: 9-1
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober, H. Jack
Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones '
W. H. Kitchin, III, Reba S. McClanan, and J. Henry MI-Coy, Jr.,D.D.S.
Council Members Nay:
Vice Mayor Barbara M. Henley
Council Members Absent:
Meyera E. Oberndorf
May 14, 1984
- 47 -
Item II-H.13
PlANNING ITEM # 21907
Attorney Grover Wright represented the applicant
Upon Motion by Councilwoman McClanan, seconded by Councilman Jones, City
Council DEFERRED for four weeks until the City Council Meeting of June
4, 1984, for the review of a revised plan and agreement before submittal
to City Council, Ordinances upon application of GALLAGER ASSOCIATES for
Changes of Zoning. The applicant had submitted a revised plan to the
Planning Department reflecting in excess of 300 units rather than the
249 units as recommended by the Planning Commission.
ORDINANCE UPON APPLICATION OF GALLAGER ASSOCLATES
FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM
AG-1 TO R-8
Ordinance upon Application of Gallager Associates for a
Change of Zbning District Classification from AG-1 Agri-
cultural District to R-8 Residential District on cer-
tain property located 800 feet more or less east of Holland
Road beginning at a point 3400 feet more or less south of
Landstown Road, running a distance of 1153.14 feet in a
northeasterly direction, running a distance of 1062.54 feet
in a southeasterly direction, running a distance of 990.99
feet in a southerly direction, running a distance of 976.95
feet in a westerly direction, running a distance of 117.36
feet in a southwesterly direction, running a distance of
444.73 feet in a northwesterly direction, running a distance
of 240 feet in a southwesterly direction, running a distance
of 503.14 feet in a northwesterly direction, running a dis-
tance of 133.62 feet in a southwesterly direction and running
a distance of 149.26 feet in a northwesterly direction. Said
parcel contains 42.319 acres. PRINCESS ANNE BOROUGH
A N D,
ORDINANCE UPON APPLICATION OF GALLAGER ASSOCIATES
FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION
FROM AG-2 TO R-8
Ordinance upon Application of Gallager Associates
for a Change of Zoning Distict Classification from
AG-2 Agricultural District to R-8 Residential District
on certain property located on the east side of Holland
Road beginning at a point 3400 feet more or less south
of Landstown Road, running a distance of 361.54 feet
along the east side of Holland Road, running a dis-
tance of 651.53 feet in a northeasterly direction,
running a distance of 448.51 feet in a northwesterly
direction and running a distance of 452.91 feet in
a southwesterly direction. Said parcel contains 4.67
acres. PRINCESS ANNE BOROUGH
A N D,
May 14, 1984
- 48 -
Item II-H.13
PLANNING ITEM # 21907 (Continued)
ORDINANCE UPON APPLTCATION OF GALLAGER ASSOCIATES
FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION
FROM R-8 TO PD-H2
Ordinance upon Application of Gallager Associates for
a Change of Zoning District Classification from R-8
Residential District to PD-H2 Planned Unit Development
District on parcels located on the east side of Holland
Road.
Parcel 1: Located on the east side of Holland Road be-
ginning at a point 3400 feet more or less south of Land-
stown Road, running a distance of 361.54 feet along the
east side of Holland Road, running a distance of 651.53
feet in a northeasterly direction, running a distance
of 448.51 feet in a northwesterly direction and running
a distance of 452.91 feet in a southwesterly direction.
Parcel 2: Located 800 feet more or less east of Holland
Road beginning at a point 3400 feet more or less south
of Landstown Road, running a distance of 1153.14 feet
in a northeasterly direction, running a distance of 1062.54
feet in a southeasterly direction, running a distance of
990.99 feet in a southerly direction, running a distance
of 976.95 feet in a westerly direction, running a distance
of 177.36 feet in a southwesterly direction, running a dis-
tance of 444.73 feet in a northwesterly direction, running
a distance of 240 feet in a southwesterly direction, running
a distance of 503.14 feet in a northwesterly direction,
running a distance of 133.62 feet in a southwesterly di-
rection and running a distance of 149.26 feet in a north-
westerly direction. Said parcels contain 46.989 acres
PRINCESS ANNE BOROUGH
A N D,
ORDINANCE UPON APPLICATION OF GALLAGER ASSOCIATES
FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM
AG-1 TO P-1
Ordinance upon Application of Gallager Associates for a
Change of Zoning District Classification from AG-1 Agri-
cultural District to P-1 Preservation District on cer-
tain property located 2500 feet more or less east of
Holland Road beginning at a point 2000 feet more or less
south of Landstown Road, running a distance of 728.51
feet in a northeasterly direction, running a distance
of 2508.70 feet in a southeasterly direction, running
a distance of 987.64 feet in a westerly direction,
running a distance of 990.99 feet in a northerly direction
and running a distance of 1062.54 feet in a northwesterly
direction. Said parcel contains 37.842 acres. PRINCESS
ANNE BOROUGH.
May 14, 1984
- 49 -
Item II-H.13
PLANNING ITEM # 21907 (Continued)
Voting: 9-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor
Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones,
Robert G. Jones, W. H. Kitchin,III, and Reba S. McClanan
Council Members Voting Nay:
None
Council Members Absent:
J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf
May 14, 1984
- 50 -
Item 11-1. 1
APPOINTMENTS TTEM # 21908
Upon NOMTNATION by Councilman Heischober, City Council APPOINTED
W. H. Kitchin, ITI to the ADVERTISING SELECTION COMMITTEE to
complete the unexpired term of Scott Sterling, effective July 1,
1984, through December 31, 1985.
Voting: 8-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor
Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones,
Robert G. Jones, and Reba S. McClanan
Council Members Abstaining:
W. H. Kitchin, III
Council Members Voting Nay:
None
Council Members Absent:
J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf
May 14, 1984
- 51 -
Item II-I.2
APPOINTMENTS ITEM # 21909
Upon NOMINATION by Councilman Jennings, City Council APPOINTED
the following:
Nancy L. Clark COMMUNITY SERVICES BOARD
(To fill the unexpired term of Mary Anne Nixon through December 31, 1985)
Voting: 9-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor
Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones,
Robert G. Jones, W. H. Kitchin, III, and Reba S. McClanan
Council Members Voting Nay:
None
Council Members Absent:
J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf
May 14, 1984
- 52 -
Item II-1.3.5.6.8
APPOINTMENTS ITEM # 21910
By CONSENSUS, City Council RESCHEDULED APPOINTMENTS of the following:
EASTERN VIRGINIA MEDICAL AUTHORITY
RESORT AREA ADVISORY COMMISSION (ATLANTIC AVENUE BEAUTIFICATION)
SOUTHEASTERN TIDEWATER OPPORTUNITY PROJECT, INC. (STOP)
VOLUNTEER COUNCIL
May 14, 1984
- 53 -
Item II-I.4.
APPOINTMENTS ITEM # 21911
Upon NOMINATION by Vice Mayor Henley, City Council APPOINTED
the following:
Howard "Sam" Meyers HISTORICAL REVIEW BOARD
(To fill the unexpired term of J. Burke Withers through March 31, 1986)
Voting: 9-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor
Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones,
Robert G. Jones, W. H. Kitchin, III, and Reba S. McClanan
Council Members Voting Nay:
None
Council Members Absent:
J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf
May 14, 1984
- 54 -
Item II-I.7
APPOINTMENTS ITEM # 21912
Upon NOMINATTON by Councilman Jennings, The Mayor APPOINTED the
VIRGTNIA BEACH TASK FORCE FOR YOUTHFUL SUBSTANCE ABUSE
Members: Captain Ernest F. Buzzy Betty Russell
William Campbell Rudolph Russo
Delores Delaney Joan Scholefield
Lillian DeVenny Chuck Shelton
Brenda Farmer James Spencer
Rev. Vincent Lasciole Ann Sutton
Robert McCrary Matt Vestor
Meyera Oberndorf Jon Winters
Dr. C. E. Parker James Woolf
John Ross Laura Zambardi
Chairman: Thomas Northom
Council Liaison: H. Jack Jennings, Jr. (Appointed March 12,1984)
May 14, 1984
- 55 -
Item II.J.1
UNFINISHED BUSINESS ITEM # 21913
ADD ON
Vice Mayor Henley referenced the PD-H2 ORDINANCE, which will be
EXPEDITED to the City Council of Virginia Beach on June 4, 1984.
May 14, 1984
- 56 -
Item II-K.I.
NEW BUSINESS ITEM # 21914
Thd Btiefing on the COMPREHENSIVE PLAN by Robert J. Scott, Director
of the Department of Planning, was RESCHEDULED for the City Council
Meeting of May 15, 1984, after the SECOND READING of the 1984-1985
OPERATING BUDGET.
May 14, 1984
- 57 -
Item II-K.2
NEW BUSINESS ITEM # 21915
ADD-ON
The City Clerk made RECORD of the following:
ABSTRACT OF VOTES CAST IN THE CITY OF VIRGINIA BEACH
AT THE GENERAL ELECTION HELD ON MAY 1, 1984 FOR CITY
COUNCIL MEMBERS.
(Copy of this is hereby made a part of the proceedings.)
May 14, 1984
57a -
ABSTRACTOFVOTEScastintheCounty-ICityo,r VIRGINLA BEACH Virginia,
at the Ceneral - election held on May I _ 19 84
FOR Member, City Co.ncil (Blackwater Borough) (1 seat)
T.t.1 V.t.,
R..i@.d
(I. Fip-)
John A. Baum 20,002
Jame. E. Snyder 8,343
Ar@,ld I
Melvin Eaton 1
An@@ Gim,ne,, I
R. G. Moore 1
Sam Myers I
J,hn Riggins 1
The Street Sweeper 1
Patricia B. Wilson I
We, ihe undersigned Elec,toral Board, upon evainination of the official records deposited with the Clerk of the
Circuit Court of the election on May 1 , 19 84 do hereby certify that the above is a true
and correct Abstract of Volev cast at said election and do therefore deterinine and declare that thefollowing receiv-
ed the greatest number of voles ,ast in vaid election:
John A. Bam
for the office of M@,h@@- City Council (Blackwater Borough)
Given iinder our hands thiv Third day f May '19 84
irman
Vice Chairman
Secretary
Secretary, Electoral Board
May 14, 1984
57b -
ABSTRACTOFVOTEScastintheCo,w,q@ylCityolf ITTRCTNTA RFARN Virginia,
at the Ceneral election held on May 1 -,19 84
FOR Member, City CO.ncil (Princess Anne Borough) (1 seat)
T.t.1 V.ts
R..iv.d
N... f C.@did.t. (I. Fip-)
Reba S. McClanan 23,276
Tom Abbott 5
A@nolli I
Don F. Beasley 1
Karl Clark 1
Rey, Jmes E. Dorson I
Anne Gimenez
C. J. Harris
We, the undersigned Electoral Board, upon exatnination of the official records deposited with the Clerk of the
Circuit Court of the election on May I 19 84 do hereby certify that the above is a true
and correct A bvtract of Volev ca,@t at said election and do therefore determine and declare that thefollowing receiv-
ed ihe greatest nutiiber o.f votes c,avt iii vaid elec-tion:
Reba S. McClanan
for the office of M,,h@, City Coun@il (Princess Anne Borough)
Givenunderourhandsthis- Third day of a '19 84
irman
Vice Chairman
Secretary
Secretary, Electoral Board
May 14, 1984
- 57c
Carl Helwig
Tom Ilolland
Reeves Johnson
Tom Kapshaw
Sidney Kellam
Jonas, Larry, Jr
Ralph Mooney
K. A. @rrow
Col. Fred Knight
Patrick O'Keeffe
Curtis Payne
Joh. Perry
L. Berton Reavis
Danny Rideout
Marti Rierson
John Riggins
Sally Rodgers
Julian B. Sawyer, Jr
@lark Schneider
Robert W. Stewart I
John A. Tilhou I
S.san Torma I
Cheryl Tokac 2
Anthony V. Waring I
May 14, 1984
- 57d -
ABSTRACTOFVOTEScastintheC@tylCity0f VIRCINIA BEA@H Virginia,
at the General election held on May 1 19 34
FOR M@mber, City Council (At Large) (2 seats)
T.t.] V.t..
R..i,.d
N..@.,.fC..did.t., (I. F*.-)
Jimie S. "Jim" Fant 2,716
Anne N. Gimenez 9,566
Harold Heischober 16,551
F. T. "Tom" tiolland 5 83 8
Meyera E. Oberndorf 22,771
R,h@rt W. "Bob" Pipl)in 565
R. L. "Bddy" Riggs 10,246
Benedict Arnold 2
l,b@ H,rg,,v@ I
Jack Koeneman 1
We, the undersigtied Electoral Board, upon examination of the official records deposited with the Clerk of the
Circuit Courl of the election on may I , 19 84 do hereby certify that the above is a true
and correct A bstract of Vote.@ cayi at said election and do therefore deferniine aiid declare that thefollowing receiv-
ed the greatest ntittiber of volev (@a.51 iii vaid elt,(@lioil:
Meyera E. Oberndorf
Harold Heischober
for the office of Member, City C..ncil (At Large)
Given under our hands ihis Third dy of May 19 84
irman
Vice Chairman
Secretary
Secretary, Electoral Board
May 14, 1984
- 57e -
Ken A. @brrow 1
R.ss K. Ilorro@ 1
Ken Meyer 1
Myers I
George T. Potter I
Rev. Reid 1
John Riggins 2
Ellen W. Sander I
Brenda Uzzle I
K. E. @leyer I
May 14, 1984
57f -
ABSTRACTOFVOTEScastintheC,7an@Ciryof VIRGINIA BEACH Virginia,
at the - General - election held on May 1 - , 19 84
FOR Member, city council (Virginia Beach Boro-gh) (I seat)
T.t.1 V.t,.
R.c.l.d
N....fC..did.t@, (I. Fip-)
Robert E. "Bob" Fentress 19,941
Howard S. "Sa." Myers, Jr 13,469
Benedict Arnold 1
Gregory S. Gardner 1
Ann@ Ci,@nez I
Sidney Kellam 1
K. A. Morrow 1
M@y@r, Ob@rndorf 1
John Riggins 1
Willi,, H. Worrells, Sr I
We, ihe undersigned Electoral Board, upon examination of the official records deposited with the Clerk of the
Circuit Court of the election on may 1 , 19 84 do hereby certify that the above is a true
and correct Abstract of Vote,5 cast at said election and do therefore determine and declare that thefollowing receiv-
ed the greatest number of votes c-ast in said elec,tion:
R.bert E. "Bob" F@ntress
for the office of M-b@r ('.ity C,-@il Borouph)
Given under our hands this Third day of May 19 84
irman
Vice Chairman
A. .... .......
Secretary
-Secretary, Electoral Board
May 14, 1984
- 58 -
Item 11-K.3
NEW BUSINESS ITEM # 21916
ANNOUNCEMENTS
The City Manager announced the AMERICAN PUBLIC WORKS ASSOCIATION,
VIRGINIA, D.C., MARYLAND CHAPTER will be having their ANNUAL
MEETING on May Seventeenth, and Eighteenth of this week at the
PAVILION. Council Members were presented badges and invited to
attend.
May 14, 1984
@9
Item II-L. I
ADJOURNMENT ITEM 21917
Upon motion by Councilman Heischober, City Council ADJOURNED the meeting
at 7:00 p.m.
Beverl@'O. Hooks
Deputy City Clerk
Ru@th Hodges Sffiith, CMC a@yr -Louis RyJones
City Clerk
City of Virginia Beach
Virginia
/bh
May 14, 1984