APRIL 25, 1983 MINUTES
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CITY COUNCIL AGENDA
April 25, 1983
ITI@l T INFOR@IAL SESSION: 5:30 i,.m.
A. CALL TO ORDER - @layor Loul,s R. Jones
B. ROLL CALL OF COUNCIL
C. @IOTION TO RECESS INTO INFORMAL/EXECUTIVE SESSION
D. ]'RI@'SENTATTON/DISCUSSION OF PRRTINENT MATTERS
1. Matters for discussion by Mav.r.
2. Matters for discussion by Council.
3. Review of Planning Items.
E. CITY MANAGER'S ADMINTSTRATIVE ITEMS:
1. Amendment Lo City Code Pertaining to Permits for the
Turc-h.@-of Certain Weapons: Disc,ssi,n bv Chi,f Charles Wall.
2. Discussi-on of Drainage Policies: Mr. Donald Trueblood,
City Engineer.
3. ScliedulinR of Ptiblic Hearinp f,r SPSA', Location of a Landfill
in S.TFik.
4. Interim Financial Statements for July 1. 1983
C- 3@-. 1,,,,sso, or of Finance.
5. CIP Quarterly Status Report for Period EndinR March 31. 1983:
Discussion by @Ir. Giles G. Dodd, Director of Finance.
6. -Request of Francis E. Pritchard, Jr., to Have Application for
Conditional Use Permit Expedited.
7. Review of Consent ARenda.
ITEM II FORMAL SESSION: 7:00 P.11.
A. INVOCATION: Reverend Warren L. Reeves
Pastor
Nimmo United Methodist Church
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 the Regular
Meeting April 18, 1983.
E. PRESENTATIONS
1. Proclamations
a. April 30, 1983
b. Child Abuse and Neglect Prevention Week, April 24-30,1983
C. Drug Abuse Prevention Month, May , 1983.
F. 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. Resolution in Recognition to E. E. Brickell, Ed.D:
Virginia Beach's First Citizen 1982.
2. Resolutions approving Industrial Development Revenue
Bonds:
a. Resolution of City Council approving the issuance
of Industrial Development Revenue Bond to Herbert
E. and Marion A. Wittersheim ($300,000).
b. Resolution of City Council approving the issuance
of Industrial Development Revenue Bond to Jack Rabbit
Self-Storage/Shore Drive($2,250,000)
(I. Resolution of City Council approving the issuance
of Industrial Development Revenue Bond to Jack Rabbit
Self-Storgge/Rosemont Road ($2,420,000)
d. Resolution of City Council approving the issuance
of Industrial Development Revenue Bond for the benefit
of Fairfield office Building Associates, a General
Partnership ($750,000).
e. Resolution of City Council approving the issuance
of Industrial Development Revenue Bond to Satellite
Systems Corporation ($550,000).
f. Resolution of City Council approving the issuance
of Industrial Development Revenue Bond to W and Z,
a Virginia General Partnership ($175,000).
ITEM II F. CONSENT AGENDA (C.nt'd)
g. Resolution of City Council approving the issuance of
Industrial Development Revenue Bonds for the benefit
of A. Kemp Rowe (Rowe Corporate Center V Facility)
($5,000,000)
h. Resolution of City Council approving the issuance of
Industrial Development Revenue Bonds for the benefit
of A. Kemp Rowe (Rowe Corporate Center IV Facility)
($5,000,000).
i. Resolution of City Council approving the issuance of
Industrial Development Revenue Bonds for the benefit
of A. Kemp Rowe (Rowe Corporate Center III Facility)
($5,000,000)
j. Resolution of City Council approving the issuance of
Industrial Development Revenue Bonds to Rose Hall
Associates ($400,000).
k. Resolution of City Council approving the issuance of
Industrial Development Revenue Bonds to Ramon W. Breeden,
Jr., and B. Bruce Taylor ($300,000).
3. Ordinance to Amend and Reordain Section 21-75 of the Code
of the City of Virginia Beach, Virginia, pertaining to local
vehicle license taxes.
4. Ordinance, on SECOND READING, to increase estimate revenues
and transfer Capital Project funds for street Improvements
to the 100 block of 68th Street.
5. Ordinance to Transfer funds of $289,200 within the Department
of Social Services for the State and Local Hospitalization
Program.
6. Ordinance Authorizing the City Manager to Execute a Deed of
Dedication and Vacation between Virginia Beach Resort Con-
ference Hotel and the City of Virginia Beach.
7. Low Bid of Williams Corporation of Virginia, in the amount of
$162,528.32 for the Cedar Hill Canal - Phase II Project
(CIP 2-916); AND, authorize the City Manager to enter into
the necessary agreements for the implementation of this project.
G. PLANNING ITEMS
1. Application of Barry Thomas Watts and Kathy Diane Watts for
the closure of a portion of Alabama Avenue,(formerly known
as 29th Street),(Princess Anne Borough).Council approved
on October 25, 1982, but applicant has not met conditions
on which approval was based.
a. Letter from the City Manager transmits the fact that
the applicant has made progress toward meeting the
requirements. It will be necessary for Council to
deny this closure or grant an extension of time sufficient
to complete the requirements.
2. Application of Della Lee Barton for a variance to Section 4.4(b)
of the Subdivision Ordinance which re uires lt dimensions to
conform to the Comprehensive Zoning Ordinance. The applicott
wishes to subdivide a 14,529.9-square foot parcel intp two lots,
one of which will be a "flag lot" configuration . Proposed
Lot A will total 9,520.31 square feet, while proposed Lot B
will total 5,00.59 square feet. This subdivision could not
be approved administratively since the potential exists that
additional "flag lots" could be created in the area.
a. Letter from the City Manager transmits the
recommendation of the Planning Commission
for denial.
ITEM 11 G. PL&NNING ITEMS (Co,,t'd)
3. Application of Roy G. Far and Richard W. Setzer for
a variance to f t . Sbdi,,Ji.. 6r@inance
which requires that lot dimensions conform to the Compre-
hensive Ordinance. They wish to subdivide a 31,688-square
foot (.727 acre) parcel located on the north of Scott
Bend Lane, 200 feet west of Garcia Drive (Lynnhaven
Borough ) into two lots, one totalling 17,822 square feet
(Parcel B-2-A) and the other totalling 13,800 square feet
(Parcel B-2-B). Both lots would be in a "flag lot" con-
figuration. This subdivision could not be approved adminis-
tratively since the potential exists that additional "flag
lots" could be created in the area.
a. Letter from the City Manager transmits the
recommendation of the Planning Commission
for denial.
4. Application of Mrs. J. James Davis for a variance to Section
4.4(b) of the Subdivision Ordinance which requires that lot
imensions con orm to the comprehenive Zoning Ordinance.
She wishes to subdivide a 1.39-acre parcel located at the
northwest corner of Pinewood Road and Holladay Point into
two parcels, one totalling 31,125.57 square feet (.714 acre
Lot 22-A) and the other totalling 29,637.73 square feet (.68
acre - Lot 22-B) Virginia Beach Borough).
a. Letter from the City Manager transmits the
recommendation of the Planning Commission
for oval.
5. Application of the
for a conditional use Permit for renovation and expansion of
existing recreational facilities o include locker rooms and
a grill on a 9.379-acre parcel located along the east side
of Thomas Bishop Lane, north of Great Neck Road (Lynnhaven
Borough)
a. Letter from the City Manager transmits the
recommendation of the Planning Commission
for roval.
6. Application of Peterson Associates, Inc. for a e of
in from R-8 Residential District to A-1
District on a 9.908-acre parcefl-
AND
a change of zoning from B-2 Community-Business District
to on a 4.5-acre parcel. This
property is located along the west side of Kempsville
Road, south of Indian River Road (Kempsville Borough).
(This item was deferred for one week on April 18, 1983)
a. Letter from the City Manager transmits the
recommendation of the Planning Comnission
for oval.
7. Application of Robert W. Waddell, M.D., Trustee of Virginia
Beach Orthopedic Associates, Inc., Employee Profit Sharing
Plan, for a change of zoning from R-5 Residential District
to 0-1 Offic e District on a four-acre parcel located along
the south side of Old Donation Parkway, west of First
Colonial Road (Lynnhaven Borough).
a. Letter from the City Manager transmits the
recormnendation of the Planning Commission
for denial.
ITEM II G. PLANNING ITEMS (Cont'd)
8. Application of BOSDIM & Associates for a e of
zoning from R-5 esidential District t, R-8 Residential
District on 7.2-.c@. parcel lcted along the north
side o South Lynnhaven Road, east of Pritchard Road
(Lynnhaven Borough).
a. Letter from the City Manager transmits
the recommendation of the Planning Commission
for denial.
H. ORDINANCES
1. Ordinance authorizing the City Manager to vacate
a 10' Drainage Easement to Amterra Partners Net
Lease Fund I, Across Parcel A-3, 5277 Princess Anne
Road, Kemps@ille Borough (Pizza Hut of America,Inc.)
a. Letter from the City Manager transmits
his recommendation for approval.
I. UNFINISHED BUSINESS
1. Beach Equipment Rental and Lifeguard Services Franchise
Agreements for Area No. I (Ocean Rescue, Inc.) and
Area No. 2 (Virginia Beach Patrol, Inc.
2. Ordinance to Amend and Reordain Section 6-8, 6-9, 6-11,
6-16, 6-17 and 6-120 of the Code of the City of Virginia
Beach, Virginia, and to repeal Article IV,Division@@2@
Sections 6-81 through 6-94, of the code of the City of
Virginia Beach, Virginia, pertaining to beaches, boats
and waterways.
3. Ordinance to exempt the Community Development Program
from indirect costs as determined by the Cost Allocation
Plan for Program Years 3 - 7 was incorrectly listed as
a First Reading on the Agenda of April 18, 1983. It,
therefore, does not require a SECOND READING on this
Agenda, as it is an exemption and not an allocation.
J. NEW BUSINESS
K. ADJOURNMENT
1. Motion to adjourn.
M I N U T E S
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
25 April 1983
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, 25 April
1983, at Five-Thirty in the evening.
Council Members Present:
John A. Baum, Nancy A. Creech, Harold Heischober,
Vice Mayor Barbara M. Henley, H. Jack Jennings,
Jr., Mayor Loui.s R. Jones, Robert G. Jones, W. H.
Kitchin, III, Reba S. McClanan, and Meyera E.
Oberndorf
Council Members Absent:
J. Henry McCoy, Jr., D.D.S.
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ITEM #19794
Mayor Jones entertained a motion to permit Council to conduct
its INFORMAL SESSION to be followed by an EXECUTIVE SESSION
pursuant to Section 2.1-344 Code of Virginia, as amended, for
the following purposes:
1. PERSONNEL MATTERS: Discussion or consideration of
employment, assignment, appointrnent, promotion, perform-
ance, 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 tbe public
body.
Upon motion by Councilman Baum, seconded by Councilman Kitchin,
City Council voted to proceed into the EXECUTIVE SESSION following
the INFORMAL SESSION.
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 Meyera E.
Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
J. Henry McCoy, Jr., D.D.S.
*COUNCILMAN McCOY ENTERED MEETING AT 5:45 p.m.
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M A T T E R S B Y T H E M A Y 0 R
SPECIAL COUNCIL MEETING ITEM #19795
Mayor Jones thanked Vice Mayor Barbara M. Henley, Pam Lingle
Director of Public Information, and Virginia Venable, Department
of Economic Development, and everyone involved, who planned and
participated in the Special Meeting April 24, 1983, at the
Pavilion commemorating the City's 20th Anniversary.
M A T T E R S B Y C 0 U N C I L M E M B E R S
CITY HALL DAY ITEM #19796
Vice Mayor Henley reminded Council of CITY HALL DAY Saturday,
April 30, 1983, and advised Council will be receiving parking
passes and noted the parking area will be the Juror's Parking
Lot and by the Public Safety Building.
Vice Mayor Henley also requested otie Member of City Council be
in the Mayor's Office to greet citizens after the parade and
until 4:00 p.m.
Vice Mayor Henley advised the celebration will be held rain or
shine.
DRAFTING ORDINANCES ITEM #19797
Councilwoman McClanan advised she was asking the City Attorney
to draft two resolutions:
Support Virginia's Attorney General in
their "getting involved" in off-shore
drilling close to Virginia Beach
Recognize Bayville Manor House concerning
preservation easements.
Councilwoman McClanan advised she has discussed with the City
Attorney and City Manager the possibility of adopting a Drainage
Plan for the lower part of the City to require off-site
contributions to drainage.
The City Manager is to make recommendations to Council during
the meeting of May 2, 1983, INFORMAL SESSION, before the matter
is presented to the Planning Commission.
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SENATE BILL 38 ITEM #19798
Councilwoman Creech advised during ber recent trip to Washington,
D. C., she met with Congressman G. William Whitehurst regarding
Senate Bill 38, which addresses the Longshoreman's and Harbor
Works Compensation Act, who advised "he will try and help the City
of Virginia Beach" and if Council would adopt a Resolution to be
forwarded to him it would be most helpful.
LINDSLEY DRIVE ITEM #19799
Councilman Jennings made reference to a letter from Harold Johnson,
representing the First Colonial Civic League, advising that the
residents in the area were interested in seeing Lindsley Drive
converted to a cul-de-sac to prevent any thru traffic; secondly,
were concerned about city water and sewer going down Lindsley
Drive and expressed their concerns.
The City Manager made a presentation to City Council concerning
this matter and the City Attorney advised he would like to
discuss this matter with Council in the EXECUTTVE SESSION.
C I T Y M A N A G E R ' S A D M I N 1 S T R A T I V E I T E M S
SECTTON 38-6/GUN PERMITS ITEM #19800
The City Manager provided Council a brief history of the Ordinance
regarding hand gun permits and noted the Police Department has for
some time been issuing permits with criteria developed by the Chief
of Police .
Chief Wall advised he was not asking Council to enact an Ordinance
but rather to liberalize an existing Ordinance, which has "been on
the books for a number of years". The Police Department felt there
were several items in the Ordinance which needed some changes, one
of which was the reason for refusing the issuance of a gun permit.
Chief Wall noted that gun permits can be obtained from all three
(3) Police Precincts, twenty-four hours a day. The permits can
be filled out at tbe Precinct, and when approved, the Precinct
will mail the permit to the applicant.
- 5 -
It was requested the Ordinance be reworded with regards to leasing,
renting, etc. of hand guns.
This matter will be on a future Council Agenda.
DRAINAGE POLICIES ITEM #19801
The City Manager asked Donald Trueblood, City Engineer, to make
a presentation to City Council concerning the request of Pizza
Hut, Inc., for an addition to their existing Pizza Hut Restaurant
located at 5277 Princess Anne Road. The proposed construction
would encroach into a ten-foot drainage easement which is
currently being used for drainage of the adjacent First Virginia
Bank of Tidewater via a 15-inch reinforced concrete pipe.
Mr. Trueblood advised Council that Pizza Hut had made an agree-
ment with First Virginia Bank of Tidewater to construct them a
new line (same size) and provide the new easement.
This matter will be on the FORMAL AGENDA under ORDINANCES.
VIRGINIA BEACH RESORT
CONFERENCE HOTEL ITEM #19802
Donald Trueblood, City Engineer, advised that the Virginia Beach
Resort Conference Hotel had requested the City of Virginia Beach
vacate an existing 15-foot water main easement, a five-foot
drainage and utility easement, a ten-foot drainage easement and
a fifteen-foot drainage easement. In lieu of these easements,
Virginia Beach Resort Conference Hotel will dedicate the
fifteen-foot utility easement. It has been determined that
the easements are no longer needed and the proposed fifteen-foot
util ity easement will be suf f icient for drainage and util ity
purposes.
This matter will be on the CONSENT AGENDA.
DEFERRED ONE WEEK ITEM #19803
The City Manager deferred discussion of (Items I.E.3/4/5) to
schedule the Public Hearing for SPSA's location of a landfill
in Suffolk, the Interim Financial Statements for July 1, 1982,
through March 31, 1983, and the Capital Improvements Program
Quarterly Status Report ending March 31, 1983, until the INFORMAL
SESSION of May 2, 1983.
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EXPEDITE PLANNING ITEM ITEM #19804
The City Manager made reference to a request from Attorney David
A. Miller, Jr., to EXPEDITE the application of Francis E. Pritchard,
Jr., for a conditional use permit to construct a single family
residence.
The Planning Director advised this matter will be presented to
the Planning Commission in May and would be brought before City
Council in June, therefore, no action is necessary.
CONSENT AGENDA ITEM #19805
Councilman Baum advised he had requested information concerning
II-F.7, the low bid of Williams Corporation of Virginia, in the
amount of $162,528,32 for the Cedar Hill Canal, Phase II Project,
(CIP 2-916), and was satisified with that information.
City Council advised the City Manager and staff of the problems
they were facing concerning the approval of several of the
Industrial Development Revenue Bonds and requested an additional
meeting with the Industrial Development Authority to discuss
this matter further and/or an official opinion of the Attorney
General concerning the "Role of a Municipality" in approving these
bonds.
City Council recessed into EXECUTIVE SESSION, (6:40 p.m.)
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F 0 R M A L S E S S I 0 N
VIRGINTA BEACH CITY COUNCIL
Virginia Beach, Virginic,
25 Apri.1 1983
7:30 p.m.
Council Members Present:
John A. Baum, Naricy A. Cre,ch, H ... Id Heischober,
Vice Mayor Barbara M. Henley, H. Jack Jennings,
Jr., Mayor Louis R. Jones, R,b,rt G. Jones, W. H.
Kitchin, IIL, Reba S. McClanan, J. Henry McCoy,
Jr., D.D.S., and Meyera E. Oberid,rf
Council Members Absent:
None
INVOCATION: Reverend Warren L. Reeves
Pastor
Nimmo United M@thodist Church
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
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P R E S E N T A T I 0 N
ITEM II-E.1 ITEM #19807
Steven Gavora, President of the Student Government Association of
Tidewater Community College, presented Council a Resolution
congratulating the City upon its Twentieth Anniversary (1963-1983).
R E S 0 L U T I 0 N
WHEREAS, the City is celebrating its Twentieth
Anniversary; and,
WHEREAS, Tidewater Community College-Virginia Beach
Campus has been in partnership with the City of Virginia Beach
for a decade; and,
WHEREAS, the partnership with the City of Virginia
Beach and Tidewater Community College has been a great benefit
to the citizens of the City.
NOW, THEREFORE, BE IT RESOLVED that the Student
Government Association of Tidewater Community College-Virginia
Beach Campus honors the City of Virginia Beach on its Twentieth
Anniversary.
RESOLVE that a copy of this Resolution be forwarded
to the Honorable Mayor of the City of Virginia Beach.
-10-
ITEM II-E.1 ITEM #19808
Mayor Jones read the following Proclamation proclaiming Saturday,
April 30, 1983, as CITY HALL DAY in Virginia Beach and urging all
citizens to come to the Virginia Beach Municipal Center to partic-
ipate in the various activities scheduled for that day.
P R 0 C L A M A T I 0 N
WHEREAS, on January 1, 1983, the City of Virginia
Beach and the County of Princess Anne merged to form the present
City of Virginia Beach; and,
WHEREAS, the Virginia Beach City Council proclaimed
the week of April 24-30, 1983, as a week of celebration in commem-
oration of the City's Twentieth Birthday; and,
WHEREAS, this is a time for the residents of the
City to celebrate this Birthday and learn more about their City.
NOW, THEREFORE, 1, Louis R. Jones, Mayor of the
City of Virginia Beach, Virginia, do hereby proclaim Saturday,
April 30, 1983, as CITY HALL DAY in Virginia Beach, and urge all
citizens to come to the Virginia Beach Municipal Center from
10:00 a.m. - 4:00 p.m., to participate in the various activities
scheduled for that day.
Louis R. Jones
Mayor
-11-
ITEM II-E.3 ITEM #19809
Mayor Jones read the following Proclamation proclaiming the week
of April 24 through 30, 1983, as CHILD ABUSE AND NEGLECT PREVENTION
WEEK in the City of Virginia Beach:
P R 0 C L A M A T I 0 N
WHEREAS, Child Abuse and Neglect results from
inadequate parenting knowledge and skills, from inappropriate
child rearing practices passed from family generations to
generations, from lack of parental self-esteem caused by family
or work environments, from feelings of isolation and helplessness
and from drug and alcohol abuse; and,
WHEREAS, Child Abuse and Neglect remains a continuing
concern in the City of Virginia Beach, with 117 families with 188
children per month reported to the Virginia Beach Department of
Social Services; and,
WHEREAS, Prevention of Child Abuse and Neglect is the
most effective means of assuring the more healthy physical and
mental development of our children so that an abusive discipline
or neglectful rearing, which result in violet crimes, family
violence, sexual assaults, school and work failure and runaway
will not ruin their lives and ours; and,
WHEREAS, Prevention of Child Abuse and Neglect, a
responsibility of all citizens of Virginia Beach, will only
result from community education and awareness of better child
rearing practices, recognition of a community's obligation to
protect all children from abusing adults, and a personal commitment
to help a neighbor experiencing difficulty in the parent role;
NOW, THEREFORE, 1, Louis R. Jones, Mayor of the City
of Virgiiiia Beach, declare the week of April 24 through April 30,
1983, as CHILD ABUSE AND NEGLECT PREVENTION WEEK in the City of
Virginia Beach, and I call upon all citizens of Virginia Beach
to dedicate this week to personally improving their own parenting,
to increasing awareness of the educational and service resources
provided by many Virginia Beach helpi.ng agencies, and to providing
positive support to parents who need our understanding and help
in the difficult by rewarding responsibility of raising children.
Given under my hand and seal this 25th day of April,
1 9 8 3 .
Louis R. Jones
Mayor
- 1 2 -
ITEM II-E.4 ITEM #19810
Mayor Jones read the following Proclamation proclaiming the month
of May 1983 as DRUG ABUSE PREVENTION MONTH:
P R 0 C L A M A T I 0 N
WHEREAS, the City of Virginia Beach is a strong
advocate of Prevention; and,
WHEREAS, Substance Abuse Prevention is positive
action through education, communication, coping skills and
alternatives and solutions to various problems which may beset
the young and old; and,
WHEREAS, the Virginia Beach School Libraries will
host educational displays on drug facts, complete with electronic
quizzes, bulletin boards, reading material and movies; and,
WHEREAS, a City-wide awareness series will be offered
for City Employees via a "Lunch and Learn Training on Substance
Abuse Prevention"; for Community Professionals who work with
youth via a training "Prevention - A Youth Approach"; and for
families via film festivals at the Bow Creek and Kempsville
Recreational Centers; and,
WHEREAS, community-based educational classes for
parents entitled "How to Talk to Your Kids About Drugs" will be
hosted by Star of the Sea School, Baylake Methodist Church
Holy Family Catholic Church and Bayside Junior High; and,
WHEREAS, the above activities are coordinated or
sponsored by the City's Comprehensive Substance Abuse Program's
Primary Prevention and Community Training Specialist; and,
WHEREAS, the Tidewater Board of Realtors is promoting
community awareness billboards, informational handouts, a display
at Lynnhaven Mall and other projects.
NOW, THEREFORE, 1, Louis R. Jones, Mayor of the City
of Virginia Beach, do hereby proclaim the month of May 1983, as
DRUG ABUSE PREVENTION MONTH and ask the citizens of Virginia Beach
to take part in the many interesting, enjoyable and informative
activities that will be scheduled during the month of May.
Louis R. Jones
Mayor
- 1 3 -
ITEM II-E.5 ITEM #19811
Mayor Jones read a Resolution in Recognition and presented same
to ROLAND EDGAR DORER to recognize in gratitude, during the
celebration of the City's Twentieth Birthday, the numerous con-
tributions and sacrifices of Roland Dorer, a dedicated citizen
and tireless public servant, who conceived the idea and master-
minded the creation of the City's largest recreational facility,
Mount Trashmore.
ITEM #19812
Mayor Jones and Council recognized Diane M. Hickman, Chief Deputy
City Clerk, in the City Clerk's Office, who was resigning to accept
a position in the Office of Public Information.
1TEM #19813
Upon motion by Vice Mayor Henley, seconded by Councilman Heischober,
City Council voted to uphold the recommendation of the City Manager
and ADOPT the Resolution authorizing the City Manager to execute an
agreement regarding the U. S. Navy Parachute Team, the Chuting Stars.
Voting: 1 1-0
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, J. Henry McCoy,
Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
- 1 4 -
RESOLUTION AUTHORIZING THE CITY MANAGER
TO EXECUTE AN AGREEMENT REGARDING THE
U. S. NAVY PARACHUTE TEAM, THE CHUTING
STARS
WHEREAS, on April 30, 1983, the City of Virginia Beach
will celebrate its twentieth anniversary; and
WHEREAS, as part of the celebration the U. S. Navy
Parachute Team, the Chuting Stars will parachute onto property
adjoining the east side of Glabe Road between Princess Anne
Road and Courthouse Drive.
WHEREAS, W. B. Meredith, II, has made his property
available to the City for this purpose.
THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH:
THAT the City Manager is hereby authorized and
directed to execute the attached agreement regarding the use
of said property on the dates and for the purpose stated.
JDB:er
4-25-83
Adopted by the Council of the City of Virginia Beach,
Virginia, on the Twenty-Fifth day of April, 1983
1 5-
THIS AGREEMENT, made this ?,T Al day 1983,
by the CitY Of Virginia Beach, Virginia,
WITNESSETH
THAT, WHEREAS, W. B. Meredith, II is the owner of that
parcel of property adjoining the east side of Glebe Road
between Princess Anne Road and Courthouse Drive, located in
the City of Virginia Beach; and
WHEREAS, W. B. Meredith, II has made said property
available to the City of Virginia Beach on April 29, 1983 and
April 30, 1983, as a landing area for the U. S. Navy Parachute
Team, the Chuting Stars;
NOW, THEREFORE, for and in consideration of the use of
said property on the dates and for the purpose herein stated,
and of the benefits accruing to the City of Virginia Beach by
reason of the use of said property on the dates and for the
purpose herein stated, it is agreed that the City of Virginia
Beach will protect, indemnify and save W. B. Meredith, II and
his agents, harmless from and against all liabilities,
obligations, claims, damages, penalties, costs and expense
(including, without limitation, attorney's fees and expenses)
which may be imposed upon or incurred by or asserted against
W. B. Meredith, II or his agents as a result of the use of
said property on the dates and for the purpose herein stated,
and further hereby irrevocably releases W. B. Meredith, II
and his agents from any and all claims and damages of whatever
nature which may result from the use of said property on the
dates and for the purpose herein stated.
CITY OF VIRGINIA BEACH
T
T omas H. P
Item 11-D.1
MINUTES ITEM #19848
Upon mation made bv Councilman Baum, seconded by Council-
woman Oberndorf, the City Council APPROVED the Minutes of
April 25, 1983, subject to Lbe correction of Item Numbers
19814 through 19822 to reflect that Councilwoman Oberndorf's
"NAY" be applicable only to ].tem Number 19817 (industrial
Revenue Bond Resolutions).
Voting: 11-0
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, 111, Reba S. McClanan, J. Henry McCoy,
,Jr., D.D.S., and Mevera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
5 / 2 / 8 3
- 1 6 -
C 0 N S E N T A G E N D A
ITEM II-F ITEM #19814
Upon motion by Councilman McCoy, seconded by Councilwoman Creech,
City Council voted to uphold the recommendation of the City Manager
and ADOPT the CONSENT AGENDA by ONE MOTION.
Voting: 10-1
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, 111, Reba S. McClanan, and J. Henry McCoy,
Jr., D.D.S.
Council Members Voting Nay:
Meyera E. Oberndorf
Council Members Absent:
None
- 1 7 -
ITEM II-F.1 ITEM #19815
Upon motion by Councilman McCoy, seconded by Councilwoman Creech,
City Council voted to uphold the recommendation of the City Manager
and ADOPT the Resolution in Recognition to E. E. Brickell, Ed.D.,
Virginia Beach's First Citizen 1982.
Voting: 10-1
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, Ill, Reba S. McClanan, and J. Henry McCoy,
Jr., D.D.S.
Council Members Voting Nay:
Meyera E. Oberndorf
Council Members Absent:
None
4 2 58 3
- 1 8-
Edward E. Brickell
1982 First Citizen of Virginia Beach
WHEREAS:
The Virginia Beach Jaycees annually select one citizen whose contribution to the
City has been outstanding and worthy of being designated:
FIRST CITIZEN OF VIRGINIA BEACH
WHEREAS:
There are many citizens whose unselfish qualities are worthy of recognition; yet,
there are few whose lives touch almost every household and are reflected in the past, pre-
sent and future of our young and old alike. Education is a right and privilege--a quality
of life--a determination of fact and figure--the difference between the known and unknown.
Education is an American freedom through which each individual forms checks and balances.
Education is the basis of our social, cultural and economic welfare. Therefore, probably
one of the most influential persons in our individual lives is our educator--the EDUCATOR
OF VIRGINIA BEACH, an unselfish, untiring, dedicated public servant:
E. E. BRICKELL, Ed.D.
WHEREAS:
Dr. Brickell is a student of the Arts, teacher, coach, principal and Superin-
tendent who has served the public since 1951, held positions of distinction in almost every
phase of curriculum education, advanced education, school administration, institutions of
higher learning and came to Virginia Beach in 1966 where he was appointed Superintendent of
Virqinia Beach Schools in 1968. Dr. Brickell holds many honors and has received variOUB
awards as well as memberships in various honor societies. Among those, he was First Citi-
zen in the City of South Norfolk, 1958; named in "Top 100 School Administrators in North
America", 1980; and, selected for the 1982 College of William and Mary's Alumni medallion
for Meritorious Service. He holds memberships on the College of William and Mary Board of
Visitors where he served as Rector from 1978 thru 1982; past member and Chairman of the
Tidewater Community Colleqe Board of Trustees; Board of Directors; Center of Excellence,
Virqinia Beach Federal Savings & Loan, Boys Club of Norfolk/virginia Beach and Tidewater's
Future, Inc.; Advisory Committee, Old Dominion Universtiy Ph.D. in Urban Services Program;
Advisory Committee, Norfolk State University Deans' Grant Program; Virginia Beach Parks and
Recreation Commission; Management Board, Pendleton Child Service Project; Fort Story Com-
mittee on Military-Civilian Relations; Virginia Reach Rotary Club; Virginia Beach Chamber
of Commerce; and, various other past memberships, Board seats and advisory capacities.
NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council recognizes
the numerous services and tremendous civic contributions Dr. Brickell has rendered the
City of Virginia Beach as a dedicated citizen and great humanitarian.
BE IT FURTHER RESOLVED: That this Resolution be framed for presentation and the
Clerk of Council directed to incorporate this tribute to Dr. Brickell in the record of this
Formal Session of City Council this Twenty-Fifth day of April, Nineteen Hundred and Eighty-
Three.
Given under my hand and seal,
Mayor
- 1 9 -
ITEM II-F.I.a ITEM #19816
Upon motion by Councilman McCoy, seconded by Councilwoman Creech,
City Council voted to uphold the recommendation of the City Manager
and ADOPT the Resolution in Recognition of Roland Edgar Dorer.
Voting: 10-1
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, Reba S. McClanan, and J. Henry McCoy,
Jr., D.D.S.
Council Members Voting Nay:
Meyera E. Oberndorf
Council Members Absent:
None
- 2 0 -
RESOLUTION IN RECOGNITION
ROLAND EDGAR DORER
WHEREAS:
In the course of our lives, there are many who attain fame and wealth for their
activities relating to their fellowmen. Yet, there are many more who render such services
in a quiet, unassuming manner and, in their mode of life, place more value on the comfort
and well-being of others than on praise or wealth.
it is one of these quiet, unassuming, dedicated citizens that the Virginia Beach
City Council today recoqnizes:
ROLAND EDGAR DORER
WHEREAS:
In 1966, only three years after the merger of Princess Anne County and the City
of virginia Beach, increased population and tourists were beginning to make critical the
disposal of solid waste. Increased property values dictated against using land suitable
for residential, commercial, industrial and recreational use as a dumping site. High
water tables made deep pit excavation impractical.
In his concern for the citizens of Virginia Beach, and through his dedication to
the health, safety and welfare of his fellowmen, Roland Dorer devised a plan and presented
the concept to the City Council and Administration as well as representatives of the
Virginia State Health Department and Old Dominion University. The economic and scientific
feasibility was approved by the City Council and application was made to the United States
Health, Education and Welfare for an initial grant of $192,674 under provision of the
Solid Waste Disposal Act (Title II, Public Law 89-272). The demonstration project was
implemented and a mountain (sixty-eight feet hill/162 acres) was constructed in a solid
block of 640,000 tons of solid waste in alternating layers of eighteen inches of waste and
six inches of soil shaped by desiqnating continuous cells in a fixed pattern. There has
not been the normal environmental problems nor have odors, fire or vector problems
existed. The completed Mount Trashmore project has a 5,000 seat amphitheatre, a Soap Box
Derby coastinq ramp, family picnic areas, small boating lake, playgrounds, visitor center,
Bait and Tackle Concession and represents the City's largest recreational park.
in his imagination and through his power of persuasion, Roland Dorer, an engi-
neer, was the c r e a t o r of a man-made mountain that gives our citizens and tourists
alike an attraction that not only bears the City Seal in welcome to our resort city but is
a recreational facility known world-wide.
Born the son of George and Phoebe Dorer in East Orange, New Jersey, a graduate
of Rutgers University, married to Dotty Dorer and father of two lovely daughters, Roland
Dorer finds time and never tires of service to his fellowmen. He has been associated with
Mosquito Control since 1929 and presently is Honorary Life President of the Virginia
Mosquito Control Association. He served twenty years with the United States Public Health
Service; twenty-five years as a State Director of the Virginia State Health Department;
thirty-eight years as Chairman of various Mosquito Control Commissions in virginia; vice
Chairman, 1956-1963, Princess Anne County Sanitation Authority; in 1953, was the recipient
of the Outstandinq Service Commendation, United States Public Health Service; 1982 Presi-
dent, Mid-Atlantic Mosquito Control Association; and, member: Virginia Beach Wetlands
Board, Parks and Recreation Commission and Virginia Solid Waste Commission.
NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council pauses in
its deliberations to recognize in gratitude, during the celebration of the City's Twen-
tieth Birthday, the numerous contributions and sacrifices of Roland Dorer, a dedicated
citizen and tireless public servant.
BE IT FURTHER RESOLVED: That this Resolution be framed for presentation and the
Clerk of Council directed to incorporate this tribute to Roland Dorer in the record of
this Formal Session of City Council this Twenty-Fifth day of April, Nineteen Hundred and
Eighty-Three.
Given under my hand and seal,
Mayor
- 2 1 -
ITEM IT-F.2 TTEM #19817
Upon motion by Councilman McCoy, seconded by Councilwoman Creech,
City Council voted to uphold the recommendation of the City Manager
and ADOPT the Resolutions approving the Industrial Development
Revenue Bonds:
a. Resolution of City Council approving the
issuance of Industrial Development Revenue
Bond to HERBERT E. AND MARION A. WITTERSHEIM
($300,000).
b. Resolution of City Council approving the
issuance of Industrial Development Revenue
Bond to JACK RABBIT SELF-STORAGE/SHORE
DRIVE ($2,250,000).
C. Resolution of City Council approving the
issuance of Industrial Development Revenue
Bond to JACK RABBIT SELF-STORAGE/ROSEMONT
ROAD ($2,240,000).
d. Resolution of City Council approving the
issuance of Industrial Development Revenue
Bond for the benefit of FAIRFIELD OFFICE
BUILDING ASSOCIATES, A GENERAL PARTNERSHIP
($750,000).
e. Resolution of City Council approving the
issuance of Industrial Development Revenue
Bond to SATELLITE SYSTEMS CORPORATION
($550,000).
f. Resolution of City Council approving the
issuance of Industrial Development Revenue
Bond to W AND Z, A VIRGINIA GENERAL
PARTNERSHIP ($175,000).
g. Resolution of City Council approving the
issuance of Industrial Development Revenue
Bonds for the benefit of A. KEMP ROWE (ROWE
CORPORATE CENTER V FACILITY) ($5,000,000).
h. Resolution of City Council approving the
issuance of lndustrial Development Revenue
Bonds for the benefit of A. KEMP ROWE (ROWE
CORPORATE CENTER IV FACILITY) ($5,000,000).
i. Resolution of City Council approving the
issuance of Industrial Development Revenue
Bonds for the benefit of A. KEMP ROWE (ROWE
CORPORATE CENTER Ill FACILITY) ($5,000,000).
j. Resolution of City Council approving the
issuance of Industrial Development Revenue
Bonds to ROSE HALL ASSOCIATES ($400,000).
k. ResolutioTi of City Council approving the
issuance of Industrial Development Revenue
Bonds to RAMON W. BREEDEN, JR., AND B. BRUCE
TAYLOR ($300,000).
2 2 -
Voting: 10-1
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, 111, Reba S. McClanan, and J. Henry McCoy,
Jr., D.D.S.
Council Members Voting Nay:
Meyera E. Oberndorf
Council Members Absent:
None
- 2 3 -
RESOLUTION
OF THE CITY COUNCIL
OF VIRGINIA BEACH, VIRGLNIA
WHEREAS, the City of Virginia Beach Development
Authority (the Authority), has considered the application of
Herbert E. Wittersheim and Marion A. Wittersheim (the
Company) for the issuance of the Authority's industrial deve-
lopment revenue bonds in an amount estimated at $300,000 (the
Bonds) to assist in the financing of the Company's construc-
tion and equipping of an addition to an automotive mechanic
training facility (the Facility) in Virginia Beach, Virginia,
and has held a public hearing thereon on April 12, 1983.
WHEREAS, the Authority has requested the City
Council (the City Council) of the City of Virginia Beach,
Virginia (the City), to approve the issuance of Bonds to
comply with Section 103(k) of the Internal Revenue Code of
1954, as amended; and
WHEREAS, a copy of the Authority's resolution
approving the issuance of tlie Bonds, subject to terms to be
agreed upon, and a record of the public hearing has been
filed with the City Council;
BE IT RESOLVED BY THE CITY COUNCIL OF VIRGINIA
BEACH, VIRGINIA:
1. The City Council of Virginia Beach, Virginia,
approves the issuance of the Bonds by the City of Virginia
Beach Development Authority for the benefit of Herbert E.
Wittersheim and Marion A. Wittersheim, to the extent required
by Section 103(k), to permit the Authority to assist in the
financing of the Facility.
2. The approval of the issuance of the Bonds, as
required by Section 103(k), does not constitute an endor-
sement of the Bonds or the creditworthiness of the Company,
but, pursuant to Chapter 643, Virginia Acts of Assembly
- 2 4 -
of 1964, as amended, the Bonds shall provide that neither the
City nor the Authority shall be obligated to pay the Bonds or
the interest thereon or other costs incident thereto except
from the revenues and moneys pledged therefor and neither the
faith or credit nor the taxing power of the Commonwealth, the
City or the Authority shall be pledged thereto.
3. This Resolution shall take effect immediately
upon its adoption.
Adopted by the council of the City of Virginia Beach,
Virginia, oii the Twenty-Fifth day of April, 1983
-2-
- 2 5 -
A meeting of the Council of the City of virginia
Beach, Virginia, was held in the Council Chambers in the
Administration Building, on the 2 5 day of April
1983.
On motion by Councilman McCoy and seconded by
Councilwoman Creech , the following Resolution was adopted.
RESOLUTION OF CITY COUNCIL APPROVING THE ISSUANCE
OF INDUSTRIAL DEVELOPMENT REVENUE BOND TO JACK
RABBIT SELF-STORAGE/SHORE DRIVE
TAIHEREAS, the City of Virginia Beach Development
Authority of Virginia Beach, virginia (the Authority), has
considered the application of Jack Rabbit Self-Storage/Shore
Drive (the Company) for the issuance of the Authority's
industrial development revenue bond in an amount not to exceed
$2,250,000.00 (the Bonds) to assist in the financing of the
Company's acquisition, construction and equipping of a self-
storaqe facility (the Facility) in Virginia Beach, Virginia and
has held a public hearing hereon on April 12, 1983 ; and
WHEREAS, the Authority has requested the City Council
(the Council) of Virginia Beach, Virginia (the City), to approve
the issuance of the Bonds to comply with Section 103 (k) of
the Internal Revenue Code of 1954, as amended; and
WHEREAS, a copy of the Authority's resolution approv-
inq the issuance of the Bonds, subject to terms to be aqreed
upon and a record of the public hearing has been filed with the
Clerk of the Council;
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
1. The Council of the City of Virginia Beach, Virginia,
approves the issuance of the Bonds by the City of Virginia Beach
Development Authority of Virginia Beach, virginia, for the benefit
of Jack Rabbit Self-Storage/Shore Drive, to the extent required
bv Section 103 (k) of the Internal Revenue Code, to permit the
Authoritv to assist in the financing of the Facility.
2. The approval of the issuance of the Bonds, as
reauired by section 103 (k), does not constitute an endorsement
- 2 6 -
of the Bonds or the creditworthiness of the Company, but, pursuant
to Chapter 643, Virginia Acts of Assembly of 1964, as amended,
the Bonds shall provide that neither the City nor the Authority
shall be obliqated to pay the Bond or the interest thereon or
other costs incident thereto except from the revenues and moneys
pledged therefor, and neither the faith or credit nor the taxing
power of the Commonwealth, the City, or the Authority shall be
pledged thereto.
3. This Resolution shall take effect immediately
upon its adoption.
Adopted by the Council of the City of Virqinia Beach,
Virginia, on April 25, 1983 1983.
-2-
- 2 7 -
A meeting of the Council of the City of Virginia
Beach, Virqinia, was held in the Council Chambers, in the
Administration Building, on the 2 day of Ap,il
1983.
On motion by Councilman McCoy and seconded
by Councilwoman Creech the following Resolution was
adopted.
RESOLUTION OF CITY COUNCIL APPROVING THE ISSUANCE
OF INDUSTRIAL DEVELOPMENT REVENUE BOND TO JACK
RABBIT SELF-STORAGE/ROSFMONT ROAD.
IqHEREAS, the City of Virginia Beach Development
Authority of Virginia Beach, Virginia (the Authority), has
considered the application of Jack Rabbit Self-Storage/Rosemont
Road (the Company) for the issuance of the Authority's industrial
development revenue bond in an amount not to exceed $2,420,000.00
(the Bond) to assist in the financing of the Company's acquisition,
construction and equippinq of self-storage facility (the Facility)
in Virginia Beach, Virginia and has held a public hearing hereon
on April 12, 1983 ; and
WHEREAS, the Authority has requested the City Council
(the Council) of Virginia Beach, Virginia (the City), to
approve the issuance of the Bond to comply with Section 103 (k)
of the Internal Revenue Code of 1954, as amended; and
WHEREAS, a copy of the Authority's resolution approving
the issuance of the Bond, subject to terms to be aqreed upon and
a record of the public hearing has been filed with the Clerk of
the Council;
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
1. The Council of the City of Virginia Beach, Virqinia
approves the issuance of the Bond by the City of Virginia Beach
Development Authority of Virginia Beach, Virginia, for the
benefit of Jack Rabbit Self-Storaqe/Rosemont Road, to the extent
required by Section 103 (k) of the Internal Revenue Code, to permit
- 2 8 -
the Authority to assist in the financing f the Facility.
2. The approval of the issuance of the Bond, as
required by Section 103 (k), does not constitute an endorse-
ment of the Bond or the creditworthiness of the Company, but,
pursuant to Chapter 643, virginia Acts of Assembly, of 1964, as
amended, the Bonds shall provide that neither the City nor the
Authority shall be obligated to pay the Bond or the interest
thereon or other costs incident thereto except from the revenues
and moneys pledged therefor, and neither the faith or credit
nor the taxing power of the Commonwealth, the City, or the
Authority shall be pledged thereto.
3. This Resolution shall take effect immediately upon
its adoption.
Adopted by the Council of the City of Virginia Beach,
Virginia, on April 25 1983.
-2-
2 9.-
A meeting of the CouncU of the City of Virginia Beach, Virginia, was hold in
the CouncU Chambers, in the Administration Building, on the 25th day of April, 1983.
Onmotionby Counc "m an McCoy andsecondedby Councilwoman Creedh
I
the following Resolution was adopted.
RESOLLMON OF CrrY COUNCIL APPROVING THE
ISSUANCE OF INDUSTRIAL DEVELOPMENT REVENUE
BOND FOR THE BENEFIT OF FAIRFIELD OFFICE
BUELDING ASSOCIATES, A GENERAL PARTNERSHIP
WHEREAS, the City of Virginia Beach Development Authority of Virginia
Beach, Virginia (the Authority), has considered the appucation of Fairfield Offlce
Buflding Associates, a general partnership, (the Company) for the issuance of the
Authority's industrial development revenue bond in an amount [estimated a4 [not to
exceecl $750,000.00 (the Bond) to assist in the flriancing of the Company's aequisition,
construction, and equit)ping office buudings to comprise a modem offlee complex facility
(the Facility) in Virginia Beach, Virginia, and has held a pubuc hearing thereon on AprU
12, 1983.
WHEREAS, the Authority has requested the City Council (the Counen) of
Virginia Beach, Virginia (the City), to approve the issuance of the Bond to comply with
Section 103(k) of tbe Internal Revenue Code of 1954, as amended; and
WHEREAS, a copy of the Authority's resolution approving the i@ce of the
Bond, subject to terms to be agreed upon and a record of the public hearing has been
filed with the Clerk of the CouncU;
BE rr RESOLVED BY THE CrrY COUNCIL OF THE crry OF VutGmu
BEACH, VERGMU:
1. The Council of the City of Vtrginia Beach, Virginia, approves the
issuance of the Bond by the City of Virginia Beach Development Authority of Ytrginia
Beach, Virginia, for the beneflt of Fairfield Office Building Asweiates, a general
partnership, to the extent required by @tion 103(k) of the Internal Revenue Code, to
permit the Authority to assist in the rinancirig of the Facility.
2. The approval ofi the issuance of the Bond, as required by Section 103(k),
does riot constitute an endorsement of the Bond or the creditworthiness of the Company,
but, pursuant to Chapter 643, Virginia Acts of Assembly of 1964, as amended, the Bond
shall provide that neither the City nor the Authority shall be obligated to pay the Bond or
the interest thereon or other costs incident thereto except from the revenues and moneys
pledged therefor, and neither the faith or credft nor the ta3drig power of the
Commonwealth, the City, or the Authority sha.U be pledged thereto.
3 0 -
3. This Resolution shall take effect immediately upon its adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on April 251
1983.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the,Twenty-F_ifth day of April, 1983
- 3 1 -
A meeting of the Council of the City of Virginia Beach,
Virginia, was held in the Council Chambers, in the Administration
Building, on the 25 day of @i 1983.
On motion b,fc ouncilman McCo ouncilwoman Creech
i @nd seconded bi
the following Resoluti n was adopted.
RESOLUTION OF CITY COUNCIL APPROVING THE
ISSUANCE OF INDUSTRIAL DEVELOPMENT REVENUE
BOND TO SATELLITE SYSTEMS CORPORATION
WHEREAS, the City of Virginia Beach Development Authority of
Virginia Beach, Virginia (the Authority), has considered the applica-
tion of Satellite Systems Corporation (the Company) for the issuance
of the Authority's industrial development revenue bond in an amount
estimated at $550,000.00 (the Bonds) to assist in the financing of the
Company's acquisition, construction, and equipping of an office
building facility (the Facility) in Virginia Beach, Virginia, and has
held a public hearing thereon on April 12, 1983.
WHEREAS, the Authority has requested the City Council (the
Council) of Virginia Beach, Virginia (the City), to approve the
issuance of the Bonds to comply with Section 103(k) of the Internal
Revenue Code of 1954, as amended; and
WHEREAS, a copy of the Authority's resolution approving the
issuance of the Bonds, subject to terms to be agreed upon and a record
of the public hearing has been filed with the Clerk of the Council;
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
1. The Council of the City of Virginia Beach, Virginia,
approves the issuance of the Bonds by the City of Virginia Beach
Development Authority of Virginia Beach, Virginia, for the benefit of
Satellite Systems Corporation, to the extent required by Section
103(k) of the Internal Revenue Code, to permit the Authority to assist
in the financing of the Facility.
- 3 2 -
2. The approval of the issuance of the Bonds, as required
by Section 103(k), does not constitute an endorsement of the Bond or
the creditworthiness of the Cornpany, but, pursuant to Chapter 643,
Virginia Acts of Assernbly fo 1964, as amended, the Bond shall provide
that neither the City nor the Authority shall be obligated to pay the
Bond or the interest thereon or other costs incident thereto except
from the revenues and moneys pledged therefor, and neither the faith
or credit nor the taxing power of the Commonwealth, the City, or the
Authority shall be pledged thereto.
3. This Resolution shall take effect immediately upon its
adoption.
Adopted by the Council of the City of Virginia Beach,
Virginia, on April 25 1983.
4
RCM-16/SSC-RESO - 2
- 3 3 -
A meeting of the Council of the City of Virginia Beach,
Virginia, was held in the Council Chambers, in the Administration
Building, on the 25 _ day of April, 1983.
On motion by ccov and seconded by
Cn,@ncilwnman Creec s adopted.
RESOLUTION OF CITY COUNCIL APPROVING THE
ISSUANCE OF INDUSTRIAL DEVELOPMENT REVENUE
BOND TO W AND Z, A VIRGINIA GCNERAL PARTNERSHIP
WHEREAS, the City of Virginia Beach Development Authority of
Virginia Beach, Virginia (the "Authority"), has considered the applica-
tion of W and Z, a Virginia general partnership (the "Company") for the
issuance of the Authority's industrial development revenue bonds in an
amount estimated at One Hundred Seventy-Five Thousand Dollars
($175,000.00) (the "Bond") to assist in the financing of the Company's
construction and equipping of an office building to provide for expan-
sion of realty operations and to further service and insure accessibi-
lity of services to the community (the "Facility") in Virginia Beach,
Virginia, and after proper notice in a newspaper of general circulation,
has held a public hearing on April 12, 1983, at the Authority's office
at 401 Lynnhaven Parkway, Virginia Beach, Virginia; and
WHEREAS, the Authority has requested the City Council (the
"Council") of Virginia Beach, Virginia (the City), to approve the
issuance of the Bond to comply with Section 103(k) of the Internal
Revenue Code of 1954, as amended; and
WHEREAS, a copy of the Authority's resolution approving the
issuance of the Bond, subject to terms to be agreed upon and a record of
the public hearing has been filed with the Clerk of the Council;
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
1. The Council of the City of Virginia Beach, Virginia, appro-
ves the issuance of the Bond by the City of Virginia Beach Development
Authority of Virginia Beach, Virginia, for the benefit of W and Z, a
Virginia general partnership, to the extent required by Section 103(k)
of the Internal Revenue Code, to permit the Authority to assist in the
financing of the Facility.
2. The approval of the issuance of the Bond, as required by
Section 103(k), does not constitute an endorsement of the Bonds or the
-1-
3 4 -
credit worthiness of the Company, but, pursuant to Chapter 643, Virginia
Acts of Assembly of 1964, as amended, the Bonds shall provide that
neither the City nor the Authority shall be obligated to pay the Bonds
or the interest thereon or other costs incident thereto except from the
revenues and moneys pledged therefor, and neither the faith or credit
nor the taxing power of the Commonwealth, the City, or the Authority
shall be pledged thereto.
3. This Resolution shall take effect immediately upon its
adoption.
Adopted by the Council of the City of Virginia Beach, Virginia,
onAp,il 25 1983.
3.13.23.C
-2-
- 3 5 -
A meeting of the Council of the City of Virginia Beach, Virginia,
was held in the Council Chambers, in the Administration Building, on the
25 day of Pril , 1983.
On motion by Councilman McCov and seconded by
Councilwoman Lreech the following Resolution was
a opted.
RESOLUTION OF CITY COUNCIL APPROVING TIJE
ISSUANCE OF INDUSTRIAL DEVELOPMENT REVENUE BONDS
FOR THE BENEFIT OF A. KEMP ROWE
(Rowe Corporate Center V Facility)
WHEREAS, the City of Virginia Beach Development Authority (the
"Authority"), has considered the appli,ati,n of A. Kemp Rowe or any
partnership or corporation to be formed by A. Kemp Rowe, (the "Applicant")
for the issuance of the Authority's industrial development rev,,ue b,nd,
in an amount not to exceed $5,000,000 (the "Bonds") to assist in the
financing of the Applicant's acquisition of a parcel of land and the
construction and equipping thereon of an office building containing
approximately 55,000 square feet (the "Facility") in Virginia Beach,
Virginia, and has held a public hearing thereon on April 12, 1983.
WHEREAS, the Authority has requested the City Council (the "Council")
of Virginia Beach, Virginia (the "City"), to approve the issuance of the
Bonds to comply with Section 103(k) of the Internal Revenue Code of
1954, as amended; and
WHEREAS, a copy of the Authority's resolution approving the
issuance of the Bonds, subject to terms to be agreed upon and a record
of the public hearing has been filed with the Clerk of the Council;
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA:
1. The Council of the City of Virginia Beach, Virginia, approves
the issuance of the Bonds by the City of Virginia Beach Development
Authority for the benefit of the Applicant, to the extent required by
Section 103(k) of the Internal Revenue Code, to permit the Authority to
assist in the financing of the Facility.
2. The approval of the issuance of the Bonds, as required by
Section 103(k), does not constitute an endorsement of the Bonds or the
- 3 6 -
creditworthiness of the Applicant, but, as required by Chapter 643 of
the Acts of Assembly of Virginia of 1964, as amended, the Bonds shall
provide that neither the City nor the Authority shall be obligated to
pay the Bonds or the interest thereon or other costs incident thereto
except from the revenues and moneys pledged therefor, and neither the
faith or credit nor the taxing power of the Commonwealth, the City or
the Authority shall be pledged thereto.
3. This Resolution shall take effect immediately upon its adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on
April 25 1983.
t]T
7it FQPP,4
2
- 3 7 -
A meeting of the Council of the City of Virginia Beach, Virginia,
was held in the Co@ncil Chambers, in the Administration Building, on the
25 day of April , 1983.
On motion by Councilman McCoy and seconded by
Councilwoman Creech the following Resolution was
a opted.
RESOLUTION OF CITY COUNCIL APPROVING THE
ISSUANCE OF INDUSTRIAL DEVELOPMENT REVENUE BONDS
FOR THE BENEFIT OF A. KEMP ROWE
(Rowe Corporate Center IV Facility)
WHEREAS, the City of Virginia Beach Development Authority (th@
"Authority"), has considered the application of A. Kemp Rowe or any
partnership or corporation to be f,)rmed by A. Kemp Rowe, (the "Applicant")
for the issuance of the Authority's industrial development revenue bonds
in an amount not to exceed $5,000,000 (the "Bonds") to assist in the
financing of the Applicant's acquisition of a parcel of land and the
construction and equipping thereon of an office building containing
approximately 75,000 square feet (the "Facility") in Virginia Beach,
Virginia, and has held a public hearing thereon on April 12, 1983.
WHEREAS, the Authority has requested the City Council (the "Council")
of Virginia Beach, Virginia (the "City"), to approve the issuance of the
Bonds to comply with Section 103(k) of the Internal Revenue Code of
1954, as amended; and
WHEREAS, a copy of the Authority's resolution approving the
issuance of the Bonds, subject to terms to be agreed upon and a record
of the public hearing has been filed with the Clerk of the Council;
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA:
1. The Council of the City of Virginia Beach, Virginia, approves
the issuance of the Bonds by the City of Virginia Beach Development
Authority for the benefit of the Applicant, to the extent required by
Section 103(k) of the Internal Revenue Code, to permit the Authority to
assist in the financing of the Facility.
2. The approval of the issuance of the Bonds, as required by
Section 103(k), does not constitute an endorsement of the Bonds or the
- 3 8 -
creditworthiness of the Applicant, but, as required by Chapter 643 of
the Acts of Assembly of Virginia of 1964, as amended, the Bonds shall
provide that neither the City nor the Authority shall be obligated to
pay the Bonds or the interest thereon or other costs incident thereto
except from the revenues and moneys pledged therefor, and neither the
faith or credit nor the taxing power of the Commonwealth, the City or
the Authority shall be pledged thereto.
3. This Resolution shall take effect immediately upon its adoption.
Adopted by the Council of the City f Virginia Beach, Virginia, on
April 25 1983.
1983.
Ap--i(.)'@;-D @,, TO CO,@.-. E@JT
IC,:@,@.TUP, E
'@TOF R
T
y
2
- 3 9 -
A meeting of the Council of the City of Virginia Beach,
Virginia, was held in the @ouncil Chambers, in the Adminis-
tration Building, on the " day of 1983.
On motion by Councilman McCoy and
seconded by Creech owing
Resolution w
RESOLUTION OF CITY COUNCIL APPROVING THE
ISSUANCE OF INDUSTRIAL DEVELOPMENT REVENUE
BONDS FOR THE BENEFIT OF A. KEMP ROWE
(Rowe Corporate Center III Facility)
WHEREAS, the City of Virginia Beach Development Au-
thority (the "Authority"), has considered the application
of A. Kemp Rowe or any partnership or corporation to be
formed by A. Kemp Rowe (the "Applicant") for the issuance
of the Authority's industrial development revenue bonds in
an amount not to exceed $5,000,000 (the "Bonds") to assist
in the financing of the Applicant's acquisition of a parcel
of land and the construction and equipping thereon of an
office building containing approximately 77,000 square feet
(the "Facility") in Virginia Beach, Virginia, and has held
a public hearing thereon on April 12, 1983.
WHEREAS, the Authority has requested the City Council
(the "Council") of Virginia Beach, Virginia (the "City")
to approve the issuance of the Bonds to comply with Section
103(k) of the Internal Revenue Code of 1954, as amended; and
WHEREAS, a copy of the Authority's resolution approving
the issuance of the Bonds, subject to terms to be agreed
upon and a record of the public hearing has been filed with
the Clerk of the Council;
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VIR-
GINIA BEACH, VIRGINIA:
1. The Council of the City of Virginia Beach, Virginia
approves the issuance of the Bonds by the City of Virginia
Beach Development Authority for the benefit of the Applicant,
to the extent required by Section 103(k) of the Internal
- 4 0-
Revenue Code, to permit the AUthority to assist in the
financing of the Facility.
2. The approval of the issuance of the Bonds, as re-
quired by Section 103(k), does not constitute an endorse-
ment of the Bonds or the creditworthiness of the Applicant,
but, as required by Chapter 643 of the Acts of Assembly of
Virginia of 1964, as amended, the Bonds shall provide that
neither the City nor the Authority shall be obligated to
pay the Bonds or the interest thereon or other costs incident
thereto except from the revenues and moneys pledged therefor,
and neither the faith or credit nor the taxing power of the
Commonwealth, the City or the Authority shall be pledged
thereto.
3. This Resolution shall take effect immediately upon
its adoption.
Adopted by the Council of the City of virginia Beach,
Virginia on April 25 1983.
7--,CO@4TENT
T@F(IRM
- 4 1 -
A meeting of the Council of the City of Virginia
Beach, Virginia, was held in the Council Chambers, in the
Administration Building, on the 2,, day of Ap,i I 1983.
On motion by Councilman McCoy
and seconded by Cou@cl@woman@reec the owing
Resolution was a opte .
RESOLUTION OF CITY COUNCIL APPROVING THE
ISSUADICE OF INDUSTRIAL DEVELOPMENT REVENUE
BOND TO ROSE HALL ASSOCIATES
WHEREAS, the City of Virginia Beach Development
Authority of Virginia Beach, Virginia (the Authority), has
considered the application of Rose Hall Associates, a
Virginia general partnership, (the Company) for the issuance
of the Authority's industrial development revenue bond in an
amount estimated at $400,000 (the Bond) to assist in the
financina. of the Company's construction and equipping of an
office building facility (the Facility) in Virginia Beach,
Virginia, and has held a public hearing thereon on April 12,
1983.
WHEREAS, the Authority has requested the City
Council (the Council) of Virginia Beach, Virginia (the City),
to approve the issuance of the Bond to comply with Section
103(k) of the Internal Revenue Code of 1954, as amended; and
WHEREAS, a copy of the Authority's resolution
approving the issuance of the Bond, subject to terms to be
agreed upon, and a record of the public hearing have been
filed with the Clerk of the Council;
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
1. The Council of the City of Virginia Beach,
Virginia, approves the issuance of the Bond by the City of
Virginia Beach Development Authority of Virginia Beach,
Virginia, for the benefit of Rose Hall Associates, to the
extent required by Section 103(k) of the Internal Revenue
Code, to permit the Authority to assist in the financing of
the Facility.
- 4 2 -
2. The approval of the issuance of the Bond, as
required by Section 103(k), does not constitute an
endorsement of the Bond or tlie creditworthiness of the
Company, but, as required by Chapter 643, Acts of Assembly Of
1964, as amended, the Bond shall provide that neither the
City nor the Authority shall be obligated to pay the Bond or
the interest thereon or other costs incident thereto except
from the revenues and moneys pledged therefor, and neither
the faith or credit nor the taxing power of the Commonwealth,
the City, or the Authority shall be pledged thereto.
3. This Resolution shall take effect immediately
upon its adoption.
Adopted by the Council of the City of Virginia
Beach, Virginia, on 1983.
-2-
- 4 3 -
RESOLUTION
OF THE CI'RY COUNCIL
OF VIRGINIA BEACH, VIRGINIA
WHEREAS, at its meeting on July 13, 1982 the City
of Virginia Beach Developmetit Autliority (the Authority),
approved the application of Ramon W. Breeden, Jr., B. Bruce
Taylor or an entity to be formed by them for the issuance of
the Authority's industrial development revenue bonds in an
amount estimated at $300,000 (the Bonds) to assist in the
financing of the construction and equipping of an office,
professional and/or mixed commercial and retail facility (the
Facility) in Virginia Beach, Virginia;
WHEREAS, pursuant to Section 103 (k) of the
Internal Revenue Code of 1954, as amended (the Code) as
enacted by the Tax Equity and Fiscal Responsibility Act of
1982, a public hearing was held on April 12, 1983 concerning
the aforesaid issuance of the Bonds; and
WHEREAS, following the aforesaid public hearing the
Authority ratified its approval of the issuance of the Bonds
for the benefit of Ramon W. Breeden, Jr. and B. Bruce Taylor,
or an entity to be formed by them, (the Company) in order to
comply with the provisions of Section 103(k) of the Code; and
WHEREAS, the Autliority has requested the City
Council (the City Council) of the City of Virginia Beach,
Virginia (the City), to approve the issuance of Bonds to
comply with Section 103(k) of the Code; and
WHEREAS, a copy of the Authority's resolution
approving the issuance of the Bonds, subject to terms to be
agreed upon, a copy of the ratification of such resolution
and a record of the public hearing have been filed with the
City Council;
BE IT RESOLVED BY THE CITY COUNCIL OF VIRGINIA
BEACH, VIRGINIA:
- 4 4 -
1. The City Council of Virginia Beach, Virginia,
approves the issuance of the Bonds by the City of Virginia
Beach Development Authority for the benefit of the Company,
to the extent required by Section 103(k) of tlie Code as
enacted by the Tax Equity atid Fiscal Responsibiliy Act of
1982, to permit the Authority to assist in the financing of
the Facility.
2. The approval of the issuance of the Bonds, as
required by Section 103(k) of tlie Code, does not constitute
an endorsetnent of the Bonds or the creditworthiness of the
Company, but, pursuant to Chapter 643, Virginia Acts of
Assembly of 1964, as amended, the Bonds shall provide that
neither the City nor the Authority shall be obligated to pay
the Bonds or the interest thereon or other costs incident
thereto except from the revenues and moneys pledged therefor
and neither the faith or credit nor the taxing power of the
Commonwealth, the City or the Authority shall be pledged
thereto.
3. This Resolution shall take effect immediately
upon its adoption.
COI.T@IT
T
iO FORM
Adopted by the Council of the City of Virginia Beach
Virginia, on the T day of @ril, 1983
-2-
-4 5-
A meeting of the COUncil of the City of V@nia Beach, Virginia, was held In
the Council Chambers, in the Administration Building, on the 25th day of Apri4 1983.
On motion bv Councilman McCoy
and seconded by Councilwoman Creech .
the fouowing Resolution was adopted. -
RESOLUTION OF CrrY COUNCIL APPROVING THE
ISSUANCE OF INDUSTRIAL DEVELOPMENT REVENUE
BOND FOR THE BENEFIT OF FAUTFIELD OFFICE
BUU,DING ASSOCIATES, A GENERAL PARTNERSHIP
WHEREAS, the City of Virginia Beach Development Authority of Virginia
Beach, Virginia (the Authority), has considered the application of Fairfield Offlee
Building Associates, a general partnership, (the Company) for the issuance of the
Authority's industrial development revenue bond in an amount [estimated atj [not to
exceeci $750,000.00 (the Bond) to assist in the flnanctrig of the Company's acquisition,
construction, and equipping office buudings to comprise a modern office complex faeflity
(the Facility) in Virginia Beach, Virginia, and has held a public hearirkg thereon on AprU
12, 1983.
WHEREAS, the Authority has requested the City Cowieff (the Council) of
Virginia Beach, Virginia (the City), to approve the issuance of the Bond to comply with
Section 103(k) of the Internal Revenue Code of 1954, as amended; and
WHEREAS, a copy of the Authority's resolution approving the issuance of the
Bond, subject to terms to be agreed upon and a record of the public hearing has been
filed with the Clerk of the Council;
BE rF RESOLVED BY THEcrryCOUNCIL OF THEcrrY OF ViRGiNiA
BEACH, VIRGINIA:
1. The CouncU of the City of Virginia Beach, Virginia, approves the
issuance of the Bond by the City of Virginia Beach Development Authority of Virginia
Beach, Virginia, for the benefit of Fairlrield Office Buildirig Associates, a general
partnership, to the extent required by Section 103(k) of the Internal Revenue Code, to
permit the Authority to assist in the financirig of the Facility.
2. The approval ofi the issuance of the Bond, as required by Section 103(k),
does not constitute an endorsement of the Bond or the creditworthiness of the Company,
but, pursuant to Chapter 643, Virginia Acts of Assembly of 1964, as amended, the Bond
shall provide that neither the City nor the Authority shau be obligated to pay the Bond or
the interest thereon or other costs incident thereto except from the revenues and moneys
pledged therefor, and neither the faith or credit nor the taxing power of the
Commonwealth, the City, or the Authority shau be ple(iged thereto.
4/ 25 / 8 3
-4 6-
3. This Resolution shall take effect immediately upon its adoption.
Adopted by the CounciI of the City of Virginia Beach, Virginia, on April 25,
1983.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the Twenty-Fifth day of April, 1983
4j25/83
- 4 7 -
A meieting of the Council of the City of Virginia Beach,
Virginia, waS held in the Council Chambers, in the Administration
Building, on the 25 day of pril 1983.
Councilman McCo Oouncil-n Creech
On motion by Xnd seconded by
the following Resolulion was a opted.
RESOLUTION OF CITY COUNCIL APPROVING THE
ISSUANCE OF INDUSTRIAL DEVELOPMENT REVENUE
BOND TO SATELLITE SYSTEMS CORPORATION
WHEREAS, the City of Virginia Beach Development Authority of
Virginia Beach, Virginia (the Authority), has considered the applica-
tion of Satellite Systems Corporation (the Company) for the issuance
of the Authority's industrial development revenue bond in an amount
estimated at $550,000.00 (the Bonds) to assist in the financing of the
Company's acquisition, construction, and equipping of an office
building facility (the Facility) in Virginia Beach, Virginia, and has
held a public hearing thereon on April 12, 1983.
WHEREAS, the Authority has requested the City Council (the
Council) of Virginia Beach, Virginia (the City), to approve the
issuance of the Bonds to comply with Section 103(k) of the Internal
Revenue Code of 1954, as amended; and
WHEREAS, a copy of the Authority's resolution approving the
issuance of the Bonds, subject to terms to be agreed upon and a record
of the public hearing has been filed with the Clerk of the Council;
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
1. The Council of the City of Virginia Beach, Virginia,
approves the issuance of the Bonds by the City of Virginia Beach
Development Authority of Virginia Beach, Virginia, for the benefit of
Satellite Systems Corporation, to the extent required by Section
103(k) of the Internal Revenue Code, to permit the Authority to assist
in the financing of the Facility.
4/25j83
4 8 -
2. The approval of the issuance of the Bonds, as required
by Section 103(k), does not constitute an endorsement of the Bond or
the creditworthiness of the Cornpany, but, pursuant to Chapter 643,
Virginia Acts of Assembly fo 1964, as amended, the Bond shall provide
that neither the City nor the Authority shall be obligated to pay the
Bond or the interest thereon or other costs incident thereto except
from the revenues and moneys pledged therefor, and neither the faith
or credit nor the taxing power of the Commnwealth, the City, or the
Authority shall be pledged thereto.
3. This Resolution shall take effect immediately upon its
adoption.
Adopted by the Council of the City of Virginia Beach,
Virginia, on April 25 1983.
RCM-16/SSC-RESO 2
4 25183
- 4 9 -
ITEM 11-F.3 ITEM #19818
Upon motion by Councilman McCoy, seconded by Councilwoman Creech,
City Council voted to uphold the recommendation of the City Manager
and ADOPT the Ordinance to amend and reordain Section 21-75 of the
Code of the City of Virginia Beach, Virginia, pertaining to local
vehicle license taxes.
Voting: 10-1
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, Reba S. McClanan, and J. Penry McCoy,
Jr., D.D.S.
Council Members Voting Nay:
Meyera E. Oberndorf
Council Members Absent:
None
- 50-
AN ORDINANCE TO AMEND AND REORDAIN
SECTION 21-75 OF THE CODE OF THE
CITY OF VIRGINIA BEACH, VIRGINIA,
PERTAINING TO LOCAL VEHICLE
LICENSE TAXES
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That Section 21-75 of the Code of the City of Virginia Beach,
Virginia, is hereby amended and reordained as follows:
Section 21-75. Imposition of tax.
(a) There is hereby imposed an annual license tax, for each
license year as established by this article, on motor vehicles,
trailers and semitrailers, regularly kept in the city and used upon
public roadways of the ci@, the amount of which shall be as set forth
in the following subsections of this section.
(b) The license tax on a motor vehicle, we4gh4ng-feur
designed and used for the
transportation of passengers, wh4eh-shall-inelude-every-e"eh-vehiele
which is self-propelled or designed for self-propulsion, regalarly
shall be
except as otherwise specifically provided in
this sectiont,
imposed
in accordance with the following schedule,
(1) Motor vehicle weighing four thousand (4,000) pounds
or less - $20.00,
(2) Motor vehicle weighing more than four thousand
(4,000) pounds - $25.00, and
(3) Motorcycle - $15.00.
(c)
The license tax on a one or two wheel trailer
of a cradle, flat bed or open pick-up type which has a body width
ot 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 pick-up or or panel truck
- 5 1 -
having an actual gross of vehicle weicjht 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 boats 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).
fe+ (d) There is hereby imposed a license tax, to be paid by
the owner, upon each motor vehicle not designed in use for the
transportation of passengers, whether operated under lease or not.
The amount of license tax shall be determined by the gross weight of
the vehicle or combination of vehicles of which it is a part, one
when loaded to the maximum capacitv for which it is registered
and licensed, by the state according to the following schedule:
Pounds Fee Pounds Fee
4,000 or less ... $20.00 36,001 - 37,000 .... $51.80
4,001 - 16,000 ... 25.00 37,001 - 38,000 .... 53.10
16,001 - 17,000 ... 25.80 38,001 - 39,000 .... 54.40
17,001 - 18,000 ... 27.10 39,001 - 40,000 .... 55.70
18,001 - 19,000 ... 28.40 40,001 - 41,000 .... 57.00
19,001 - 20,000 ... 29.70 41,001 - 42,000 .... 58.30
20,001 - 21,000 ... 31.00 42,001 - 43,000 .... 59.60
21,001 - 22,000 ... 32.30 43,001 - 44,000 .... 60.90
22,001 - 23,000 ... 33.60 44,001 - 45,000 .... 62.20
23,001 - 24,000 ... 34.90 45,001 - 46,000 .... 63.50
24,001 - 25,000 ... 36.20 46,001 - 47,000 .... 64.80
25,001 - 26,000 ... 37.50 47,001 - 48,000 .... 66.10
26,001 - 27,000 ... 38.80 48,001 - 49,000 .... 67.40
27,001 - 28,000 ... 40.10 49,001 - 50,000 .... 68.70
28,001 - 29,000 ... 41.40 50,001 - 51,000 .... 70.00
29,001 - 30,000 ... 42.70 51,001 - 52,000 .... 71.30
30,001 - 31,000 ... 44.00 52,001 - 53,000 .... 72.60
-2-
5 2 -
31,001 -32,000 ... 45.30 53,001 - 54,000 .... 73.90
32,001 -33,000 ... 46.60 54,001 - 55,000 .... 75.20
33,001 -34,000 ... 47.90 55,001 - 56,000 .... 76.50
34,001 -35,000 ... 49.20 56,001 - 56,800 .... 77.80
35,001 -36,000 ... 50.50 56,801 and over .... 80.00
(e) In the case of a combination of a truck or tractor
truck and a trailer or semitrailer, each vehicle consti
part of such combination shall be registered as a separate vehicle,
and a separate vehicle license tax nha,l ),- 4mposed thereon, but.
for the purpose of determining the qross oup into which
any such vehicle fall-q nl,,suant to subsection (d) of this section,
the combination of.vehicles of which such vehicle constitutes a
considered a unit, ight of
the entire combination shall determine such gross weiqht group.
The tax for the local license plate for a ailer or semitrailer
constituting a part of such combination shall be seventeen dollars
($17.00). Provided, however, if such trailer or semitrailer
exceeds a qross weight of four thousand (4, 00) pounds such tax
shall went two dollars ($22.00). In determininq the tax to be
plate for a truck or tractor truck
constituting a part of such combination. the tax shall be assessed-
on the total gross weiqht of the combination when loaded to the
maximum capacity for which it is registered and licensed. owever,
there shall be no deduction from this tax for the license
tax of the trailei-or semitrailer -in the combination.
Adopted by the Council of the City of Virginia Beach,
Virqinia, on the -25 day of ---A 1 198 3.
MES/re
2/7/83
2/21/83
2/28/83
(D)
-3-
- 5 3 -
ITEM II-F.4 ITEM #19819
Upon motion by Councilman McCoy, seconded by Councilwoman Creech,
City Council voted to uphold the recommendation of the City Manager
and ADOPT ON SECOND READING the Ordinance to increase estimated
revenues and transfer Capital Project funds for street improvements
to the 100 block of 68th Street.
Voting: 10-1
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, Reba S. McClanan, and J. Henry McCoy,
Jr., D.D.S.
Council Members Voting Nay:
Meyera E. Oberndorf
Council Members Absent:
None
- 5 4 -
AN ORDINANCE TO INCREASE ESTIMATE
REVENUES AND TRANSFER CAPITAL PROJECT
FIJNDS FOR STREI:T IMPROVI@"MENTS TO TIIE
100 BL,OCK OF 6STli STREET
WIIEREAS, on No@(@mb(@r 28, 1977, City Council accepted
the report, of@ the Mayor's Committ(-,e on North Virginia
Beach, and
WHEREAS, this rc@port among other considerations
recommended guidelines for constructing and financing
street improvc@mc-nts to parall(,,l ,,-treets between Cavalier
Drive and 89th Street, and
WHEREAS, t,h(, ownc@rs of prop(,,rty on the north side
of 68th Str(@(@t, 100 Blo(,.k, hav(@ agreed to pay their pro-
rata shar(@ of tht? cost to install curb and gutter along
their str(,(,t,, and
WHEREAS, tbe total cost ror str(@et improvements to
the 100 Blo(@k of 68tii Street is $25,630 to be financed
as follows:
(1) I)rop(@rt,,v own(@r's share, $ 2,792
(2) ('ity", ,,Il@Lr(@ $22,838
WIIERI@IAS, tli(, (-it,y's sharc@ can bE,@ provided by a
tl(,mporary tr@insi@er from pro,je(!t 2-911 Kempsville Road -
Phase II with the pro.ject funds being restored with the
issuance of 1983 Charter Bonds.
NOW, TIIEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE
CITY OF VIRGINIA BEACH that capital project funds of $22,838
are hereby t,ransr(@rred from project 2-911 Kempsville Road -
Phase II to project, 2-837 Various Public Improvements as
the city's share for participation in street improvements
to the 100 Block of 68th Street.
Be it further ordained tbat funds of $2,792 are hereby
appropriated to pro.ject 2-837 Various Public Improvements
as the property own(@rs' share for participation in the
project and that Estimated Revenues be increased by a like
,tmount.
- 5 5 -
Be it l'urther ordained that the above project shall
not be perl'ormed until th(- record property owners hav, p,id
or entercd into an agreement to pay their pro-rata share
c)f the cost of these improvements.
This ordinance shall be effective upon date of
adoption.
Adopted by the Council of the City of Virginia Beach
on the 2 5 day of -April 1983
First Reading:
Seeond Reading:
- 5 6 -
ITEM 11-F.5 ITEM #19820
Upon motion by Councilman McCoy, seconded by Councilwoman Creech,
City Council voted to uphold the recommendation of the City Manager
and ADOPT the Ordinance to transfer funds of $289,200 within the
Department of Social Services for the State and Local Hospitalization
Program.
Voting: 10-1
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, 111, Reba S. McClanan, and J. Henry McCoy,
Jr., D.D.S.
Council Members Voting Nay:
Meyera E. Oberndorf
Council Members Absent:
None
- 5 7 -
AN ORDINANCE TO TRANSFER
FUND OF $298,200 iqITHIN
THE DEPARTMENT OF SOCIAL
SERVICES FOR THE STATE
AND LOCAL HOSPITALIZATION
PROGRAM
WHEREAS, the Departmen@ll of Social Services
Provides a State and Local Hospitalization Program
which is funded 751, by the state and 25% by the
locality, and
WHEREAS, based on the number of referrals t,
the program, the Department of Social Services
estimates that for the remainder of the fiscal year
the program will exceed its budget by $298,200, and
WHEREAS, the additional costs can be attributed
to a greater number of persons in the program than
anticipated, more days in the hospital than projected
and increased hospital costs, and
WHEREAS, the Department of Social Services
desires t(3 continue the program and is able to provide
the necessary funds by transfer within its budget from
excess funds in salaries and fringe benefits and
available funds in the General Relief and Refilgee
pro-,rams,
NOW TIIEREFORE BE IT ORDAINED BY THE COUNCIL OF
TliE CITY OF VIRGI@TIA BEACII that funds of $298,200 be
transferred from available sources within the budget of
Department of Social Services for the State and Local
Hospitalization Program.
This ordinance shall be effective from the date
of its adoption.
Adopted by the Council of the City of Virginia
Beach, Virginia on 5 day of April 1 1983.
APPROV,ED ENT
A ITO FORM
StGWP.TL
- 5 8-
ITEM 11-F.6 ITEM #19821
Upon motion by Councilman McCoy, seconded by Councilwoman Creech,
City Council voted to uphold the recommendation of the City Manager
and ADOPT the Ordinance authorizing the City Manager to execute a
Deed of Dedication and Vacation between Virginia Beach Resort
Conference Hotel and the City of Virginia Beach.
Voting: 10-1
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, Reba S. McClanan, and J. Henry McCoy,
Jr., D.D.S.
Council Members Voting Nay:
Meyera E. Oberndorf
Council Members Absent:
None
- 5 9 -
AN ORDINANCE AUTHORIZING THE CITY
MANAGER TO EXECUTE A DEED OF
DEDICATION AND VACATION BETWEEN
VIRGINIA BEACH RESORT CONFERENCE
HOTEL AND THE CITY OF VIRGINIA BEACH
WHEREAS, Virginia Beach Resort Conference Hotel, a
Virginia general partnership (hereinafter 'Grantor"), is the fee
simple owner of that certain parcel of land described as Lot Y on
that certain plat entitled 'EASEMENT DEDICATION & VACATION PLAT
LOT Y SUBDIVISION OF PART OF PROPERTY OF DAVID I. LEVINE, et al,"
dated January 28, 1983, and revised February 25, 1983, and March
21, 1983, a copy of which is attached hereto as Exhibit A; and
WHEREAS, Grantor or its predecessor in title previously
dedicated to the City of Virginia Beach, for installation of water
mains and for drainage, those certain easements entitled "EXIST.
15' WATER MAIN EASEMENT (M.B. 104, PG. 54) TO BE VACATED," "EXIST.
5' DRAINAGE & UTILITY EASEMENT (M.B. 89, PG. 30) TO BE VACATED,*
"EXIST. 10' DRAINAGE EASEMENT (M.B. 104, PG. 54) TO BE VACATED,'
and "EXIST. 15' DRAINAGE EASEMENT (M.B. 104, PG. 54) TO BE
VACATED' (hereinafter the 'Easements To Be Vacated'), as shown on
Exhibit A; and
WHEREAS, Grantor has requested that City vacate the
'Easements To Be Vacated;" and, in order to provide an alternate
easement to serve Lot Y, Grantor has agreed to dedicate to the
City of Virginia Beach that certain easement described as "121 X
15' UTILITY EASEMENT TO BE DEDICATED TO THE CITY OF VIRGINIA
BEACH' and shown as the shaded area on Exhibit A; and
WHEREAS, it has been determined by the Department of
Public Utilities and the Department of Public Works that the
proposed alternate "12' X 15' UTILITY EASEMENT' will be sufficient
to meet drainage and utility needs and that the "Easements To Be
vacated" are no longer needed.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA:
- 6 0 -
That the City Manager is hereby authorized to execute a
Deed of Dedication and Vacation (a copy of which is attached
hereto as Exhibit B and made a part hereof) between Virginia Beach
Resort Conference Hotel, -"rantor, and the City of Virginia Beach,
wherein Grantor dedicates to the City across Lot Y that certain
easement entitled "12' X 15' UTILITY EASEMENT TO BE DEDICATED TO
THE CITY OF VIRGINIA BEACH,' and the City vacates those certain
easements entitled "EXIST. 15' WATER MAIN EASEMENT (M.B. 104, PG.
54) TO BE VACATED," 'EXIST. 5' DRAINAGE & UTILITY EASEMENT (M.B.
89, PG. 30) TO BE VACATED,' "EXIST. 10' DRAINAGE EASEMENT (M.B.
104, PG. 54) TO BE VACATED," and 'EXIST. 151 DRAINAGE EASEMENT
(M.B. 104, PG. 54) TO BE VACATED," as shown on the attached
Exhibit A.
Adopted by the Council of the City of Virginia Beach,
Virginia, on April 25, 1953
CMS/CJ/da
(C)
2/23/83
4/12/83
-2-
6 1 -
Ti@
ty
L
ts!.
-b
6 2 -
Exhibit B
I
VIRGINIA BEACH RESORT CONFERENCE HOTEL,
a Virginia general partnership
TO (DEED OF DEDICATION AND VACATION
CITY OF VIRGINIA BEACH,
a municipal corporation of
the Commonwealth of Virginia
THIS DEED OF DEDICATION AND VACATION, made March
22, 1983, by and between VIRGINIA BEACH RESORT CONFERENCE
HOTEL, a Virginia general partnership, Grantor, of the one
part, and CITY OF VIRGINIA BEACH, a municipal corporation of
the Commonwealth of Virginia, Grantee, of the other part;
WITNESSETH THAT:
WHEREAS, the Grantor or its predecessor or
predecessors in title has heretofore granted certain
easements and rights of way to the Grantee or to the
Grantee's predecessor in title over Lot Y as more
particularly described in the plat attached hereto for
utilities and drainage and for the installation of water
mains which are no longer required; and
WHEREAS, incident to dovelopment of the Grantor's
property, the dedication of an additional utility easement
will be beneficial; and
WHEREAS, the parties, pursuant to the authority
set forth in Code Sections 15.1-481 through 483, desire to
dedicate the additional 121 x 151 utility easement across
the mid-southern side of Lot Y as shown on the attached plat
to the City and to vacate the existing 15' drainage easement
which runs across the southeastern corner of Lot Y and along
the eastern edge of the property where it is an existing 101
drainage easement and to vacate the existing 5' drainage and
utility easement which runs along the western side of Lot Y
and to vacate the existing 15' easement for installation of
east-west direction generally
z: ruxis in an
and in a nurth-south direction along the western part of Lot
Y;
GROVER C. WRIGHT. JR.
6 3 -
NOW, THEREFORE, for and in consideration of the
mutual benefits, the parties agree that the plat attached
hereto entitled "Easement Dedication and Vacation Plat, Lot
Y, Subdivision of Part of Property of David I. Levine, et
al.," dated January 28, 1983, (revised 2-25-83 and 3-21-83)
made by Engineering Services, Inc., shall be recorded
simultaneously herewith in the Clerk's Office of the Circuit
Court of the City of Virginia Beach, Virginia, and that the
recordation thereof with the signatures thereon of the
Director of Public Utilities of the Grantee and of the
Director of Public Works of the Grantee shall have the
effect of vacating the existing easements to be vacated as
shown on said plat, and that the recordation of said plat
together with this deed shall have the effect of granting to
the Grantee the 12' x 15' utility easement hereby dedicated
to the City of Virginia Beach as shown on said plat, and
that the other existing easements in favor of the Grantee
which are not vacated hereby shall remain in full force and
effect, and the effect of this instrument and of the
attached plat shall constitute conveyancing between the
parties which shall have the effect intended hereby and
contemplated by the sections of the Code of Virginia
mentioned hereinbefore, and the conveyancing by the City to
the Grantor of the release of its easements and the vacation
thereof as contemplated hereby shall be by quitclaim, and
that the conveyancing hereby of the additional 12' x 15,
utility easement to the Grantee by the Grantor shall be with
GENERAL WARRANTY and ENGLISH COVENANTS OF TITLE, and the
respective parties do hereby so grant to each other
accordingly.
WITNESS the following signatures and seals.
VIRGINIA BEACH RESORT
CONFERENCE HOTEL, a Virginia
general partnership
By
General Partner w
2
6 4 -
and By O.W.L. RESORT, a Virginia
ge
By
CITY OF VIRGINIA BEACH
By
Thomas H. MuE
City Manager
STATE OF VIRGINIA,
CITY OF VIRGINIA BEACH, to-wit:
i,ls a Notary Public in and
for the State- do hereby certify that
Harvey H. Shiflet, III, and David B. Oglesby, Jr., whose
names are signed as General Partnerson behalf of the
Grantor herein to the foregoing wri@ing bearing date on the
22nd day of March, 1983, have and each has acknowledged the
same before me in the city and state aforesaid.
Given under my hand this day of March, 1983.
t Notary Pupilc
My commission expires c lce i-.
STATE OF VIRGINIA,
CITY OF VIRGINIA BEACH, to-wit:
I, a Notary Public in and
for the State of Virginia at Tar-ge, do hereby certify that
Thomas H. Muehlenbeck, whose names are signed as City
Manager on behalf of the Grantee herein to the foregoing
writing bearing date on the 22nd day of March, 1983, has
acknowledged the same before me in the city and state
aforesaid.
Given under my hand this day of March, 1983.
Notary
My commission expires
3
- 6 5 -
ITEM 11-F.7 ITEM #19822
The following bids have been received for the Cedar Hill Canal -
Phase II Project (CIP 2-916):
Williams Corporation of Virginia $162,528.32
Glover Construction Company, Inc. $178,956.40
J. Lawson Jones Construction Co., Inc. $181,250.18
D. J. W. Construction Company, Inc. $196,668.25
Higgerson-Bucbanan, Inc. $206,415.00
Kitchin Equipment Company of Virginia
Inc. $359,336.25
ENGINEER'S ESTIMATE $200,550.00
Upon motion by Councilman McCoy, seconded by Councilwoman Creech,
City Council voted to uphold the recommendation of the City Manager
and APPROVE the low bid of Williams Corporation of Virginia, in the
amount of $162,528.32, for the Cedar Hill Canal - Phase II Project
(CIP 2-916); and, autborized the City Manager to enter into the
necessary agreements for the implementation of this project.
Voting: 10-1
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, Reba S. McClanan, and J. Henry McCoy,
Jr., D.D.S.
Council Members Voting Nay:
Meyera E. Oberndorf
Council Members Absent:
None
- 6 6 -
P L A N N I N G A G E N D A
ITEM 11-G.1 ITEM #19823
Attorney Louis W. Kershner represented the applicant requested an
extension of thirty (30) days.
Upon motion by Councilwoman McClanan, seconded by Councilman Baum,
City Council voted to grant an EXTENSION OF THIRTY (30) DAYS in
the application of BARRY THOMAS WATTS AND KATHY DTANE WATTS for
the closure of a portion of Alabama Avenue, (formerly known as
29th Street), in the Princess Anne Borough, to permit the applicants
to complete the necessary requirements.
Voting: 11-0
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, J. Henry McCoy,
Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
- 6 7 -
ITEM 11-G.2 ITEM #19824
The City Clerk read a letter from Sam Houston, Jr., requesting
a deferral
Upon motion by Councilman Jennings, seconded by Councilman Jones,
City Council voted to DEFER (NOT TO EXCEED THREE WEEKS) the
application of DELLA LEE BARTON for a variance to Section 4.4(b)
of the Subdivision Ordinance as per the following:
Appeal from Decisions of Administrative Off icers
in regard to certain elements of the Subdivision
Ordinance, Subdivision for Della Lee Barton.
Property located on the South side of Old Virginia
Beach Road, 75 feet East of Realty Avenue. Plats
with more detailed information are available in the
Department of Planning. LYNNHAVEN BOROUGH.
Voting: 11-0
Council Members Voting Aye: (for deferral)
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, J. Henry McCoy,
Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
- 6 8 -
ITEM II-G.3 ITEM #19825
Donald V. Holcomb spoke in opposition
Upon motion by Councilman Jennings, seconded by Councilman
McCoy, City Council voted to uphold the recommendation of the
Planning Commission and DENY the application of ROY G. FARLESS
AND RICHARD W. SETZER for a variance to Section 4.4(b) of the
Subdivision Ordinance as per the following:
Appeal from Decisions of Administrative officers in
regard to certain elements of the Subdivision Ordinance,
Subdivision for Roy G. Farless and Richard W. Setzer.
Property located on the North side of Scott Bend Lane,
200 feet West of Garcia Drive. Plats with more detailed
information are available in the Department of Planning.
LYNNHAVEN BOROUGH.
Voting: 11-0
Council Members Voting Aye: (for denial)
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, J. Henry McCoy,
Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
- 6 9 -
ITEM II-G.4 TTEM #19826
Senator A. Joseph Canada represented the applicant and requested
this matter be deferred until May 16, 1983, as the Attorney who
represents the applicants was out of the Country.
Upon motion by Councilman Jennings, seconded by Councilman McCoy,
City Council voted to DEFER UNTIL MAY 16, 1983, the application
of MRS. J. JAMES DAVIS for a variance to Section 4.4(b) of the
Subdivision Ordinance as per the following:
Appeal from Decisions of Administrative Officers in
regard to certain elements of the Subdivision Ordinance,
Subdivision for Mrs. J. James Davis. Property located
at the Northwest corner of Pinewood Road and Holladay
Point. Plats with more detailed information are
available in the Department of Planning. VIRGLNIA
BEACH BOROUGH.
Voting: 11-0
Council Members Voting Aye: (for deferral)
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, J. Henry McCoy,
Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
- 7 0 -
ITEM 11-C.5 ITEM #19827
Attorney Grover C. Wright, Jr., represented the applicant
The following spoke in favor of the proposed application:
Mrs. George Pappas
Mrs. Jackie Butler
Mr. Jim Overton
Mr. Robert Shupe
Dr. Harvey Shiflit spoke in behalf of his application
The following spoke in opposition:
Mrs. Mary Hill, President of the Great Neck Point
Civic League
Nelson Sabin, Chairman of the Great Neck Association
of Civic Leagues
E. P. Lynk
Dr. E. T. Buchanan, resident of Broad Bay Road
Upon motion by Councilman Jennings, seconded by Councilwoman Creech,
City Council voted to uphold the recommendation of the Planning
Commission and APPROVE the application of THE VIRGINIA BEACH RACQUET
CLUB NORTH ASSOCIATES for a Conditional Use Permit as per the following:
ORDINANCE UPON APPLICATION OF VIRGINIA BEACH R0483537
RACQUET CLUB NORTH ASSOCIATES FOR A CONDITIONAL
USE PERMIT FOR RENOVATION AND EXPANSION OF
EXISTING RECREATIONAL FACILITIES TO INCLUDE
LOCKER ROOMS AND GRILL
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
Ordinance upon application of Virginia Beach Racquet
Club North Associates for a Conditional Use Permit
for renovation and expansion of existing recreational
facilities to include locker rooms and grill on certain
property located on the East side of Thomas Bis@p Lane
beginning at a point 560 feet more or less North of Great
Neck Road, running a distance of 760 feet more or less
along the East side of Thomas Bishop Lane, running a
distance of 130 feet in a Southeasterly direction, running
a distance of 300 feet in an Easterly direction, running
a distance of 330 feet more or less in a Southerly direction,
running a distance of 860 feet more or less in an Easterly
- 7 1 -
running a distance of 260 feet more or less in a
Southwesterly direction and running a distance of
1030 feet more or less in a Westerly direction.
Said parcel contains 9.379 acres. LYNNHAVEN BOROUGH.
During further review of the development plans for this
project,@ the following may be required by the staff:
1. City water and sewer required before or in con-
junction with construction.
As a condition of the use permit, the following are
required:
1. A variable width dedication along the frontage on
Thomas Bishop Lane, together with the dedication
of a five-foot utility and drainage easement; a
15-foot drainage easement; a 17-foot drainage
easement and a 20-foot drainage easement as shown
on plats on file with the Office of Real Estate.
2. No outdoor advertising or exterior signage will be
permitted.
3. Parking is to be provided in accordance with the
following standards:
a. One space per 150-square feet of floor area in
the proposed grill area.
b. One space per 400-square feet of floor space
in the pro shop.
C. One space per 200-square feet of floor area
for the exercise room, sauna, massage, suntan
and whirlpool areas.
This Ordinance shall be effective from date of adoption.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the Twenty-Fifth day of April, 1983
7 2 -
Voting: 7 - 4
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, IIT,
Reba S. McClanan, and Meyera E. Oberndorf
Council Members Absent:
None
Childretis Hospital ofne Kin& Daugfrters
April 18, 1983
The Honorable Mayor and Members of City Council:
It is my understanding that the Virginia Beach Racquet Club
is interested in enlarging their clubhouse in order to meet
the needs of their membership.
For the past 5 years the Racquet Club has hosted a Charity
Temis Tou-mament for Tidewater's children with the Children's
Hospital of The King's Daughters benefiting. To date over
$20,000 has been raised.
Since this is the only facility in the area that can handle
a to = ament of this size, we are concerned that their inability
to enlarge the clubhouse might in some way affect future
tournament growth and financial support for the Children's
Hospital.
Your serious consideration of this building project is requested.
Sincerely yours,
Beth Duke
Acting Director
Community Relations
Children's Hospital of
The King's Daughters
BD/sl
Enclosures (12)
800 West Olney Road, Norfolk, Virginia 23507 (804) 628-3777
Op@@.t@d by Th. Nof.lk City U-.n f Th@ F,.g'@ D..ght.,@ 1.@.
THE GREAT NECK ASSOCIATION OF CIVIC LEAGUES
3004 ISLAND LANE
VIRGINIA BEACH, VIRGINIA
18 April 1983
Honorable Mayor
Members of City Council
This letter states the Great Neck Association's position
on the application for a use permit by the Virginia Beach
Racquet Club. This matter will be heard by you on April 25
1983.
It is our position that:
1. This application for a C.U.P. is not properly
before Council since the Zoning Ordinance only permits
outdoor recreational uses.
2. This application is not authorized by the Zoning
Ordinance as the use is a defacto commercial use.
A review of the history of this matter reveals a series
of misunderstandings and subtle,but exceptionally,
significant uses proposed for this parcel. Many of these
uses appear to be inconsistent with both the Comprehensive
Plan and the CZO. This parcel first came before the
Planning Commission on 11 February 1975. The minutes of
that meeting indicate that Dr. Shiflet (who owns 55% of the
VBRC) was present, and represented by Mr. Rhodes. The
transcript reveals that all Dr. Shiflet wanted was
permission to build tennis courts-outdoors, in strict
compliance with the Code. Mr. Rhodes stated,"This is
designed to be a private tennis club facility",..."we are
not looking at a locker room type facility." Dr. Shiflet,
who was, as stated, present, expressed no difference of
opinion with Mr. Rhodes.
The limitation of this "use permit" to outdoor tennis
courts was underscored by Mr. Davis Reed, whose family sold
part of this parcel to Dr. Shiflet. Mr.(now Judge) Reed
stated that there was no objection to the use permit as
long as:
1 1 i g h t i n g w a s r e s t r i c t e d
2. only private use of facilities permitted;
3. there was no subsequent construction of an indoor
facility of any kind.
The cormnercial nature of the enterprise was predicted by
Mr. Jann Summs, who stated,"it (VBRC) is not a country
club, and it is not being put together for a limited number
of people. It is a business... "
Council on 14 April 1975, granted a C.U.P. (#5470026)
authorizing: (1) 12 courts,(2) the existing house and
stable,(3) 46 parking spaces.
Within one year, VBRC was back to Council seeking
approval for: (1) 12 courts, (2) a gazebo,(3) proposed
building. This permit (#RO1176088),was issued on 15-@@-'
November 1976. On 20 June 1977, Council voted to permit--,-,-i,..
enclosure of tennis courts on a "temporary or seasonal
basis", pursuant to Sec. 501,(c),(12), of the CZO. The use
permit amendment led to the installation of the celebrated
"blimp hangar" indoor courts, rising to a height of 47
feet, in direct violation of the 35 foot height restriction
in this residential district. Three current members of
Council, Dr.McCoy,Mrs. Oberndorf, and Mr. Baum, were
present for that vote, and voted in the affirmative, as did
the rest of the Council.
Dr. Shiflet has stated that it would cost approximately
$400,000 to remove this enclosure, and that its useful life--,;--
is about 15 years,or until ca. 1992. We are advised,
however, that Dr. Shiflet may have wanted to remove this
enclosure a year or so ago in order to use that land for
other purposes.
On 26 September 1977, C.U.P. #RO97714 was issued for 3
more tennis courts. The following year in May 1978, Dr.
Shiflet appeared before the Planning Commission to request
certain indoor improvements, to include food service
enhancements and racquet ball courts. Among the comments of
the Commissioners,-stung by the "blimp hangar" fiasco,
were:
Mr. Donnelly: "What is the overall plan?"
Mrs. Creech: "What we really need is the overall
plan."
Mr. Irby: "Nobody understands exactly what you are
doing."
Mr. Watlington: "We thought it was going to be a
recreational area, and it has turned
out to be a commercial development."
The need expressed by Mrs. Creech has yet to be satisfied.
No overall or comprehensive plan has been presented, but
the linkage of the Racquet Club with the Resort-Conference
Hotel appears to be significant as is covered later and
indicated by the 5 enclosures.
on 11 July 1978, the Planning Commission again heard
this application for handball courts, a restaurant and
clubhouse improvements. The Great Neck Assn. was
represented by Mr. Grover C. Wright, Esq., who stated:
"...I think the application is totally defective.
Beyond that, without an admission by the architect, that
the prior structure constructed by the applicant on a
different piece of property is in violation of the City
Ordinance. It requires a maximum 351. He's come in here and
said, we built a 451 structure and it only allows you to go
to 351, and we want you to let us further to subvert the
ordinance by asking for uses that aren't permitted. What I
would like to know is, how they built a 451 structure on
the property they have already developed and how that was
permitted by the City?You didn't permit it, but it was
permitted. They built it. I don't think they come in here
with clean hands. I think what you've got to decide is,
3
first, is what they're asking for even permitted under the
Ordinance? I submit to you that it's not. Second, do you
have to give them a use permit even if it is permitted? Is
it suitable? Is this entire area to become a club? They
have got a total now of four use permits, over the years
1975 thru 1978, and supposedly under the ordinance all four
of those permits are suppose(d) to be for outdoor
recreational facilities. I submit to you that what they
have got is not an outdoor recreational facility and I
submit to you that what they want today is not an outdoor
recreational facility. They want a club, a resturant to
serve food and booze and they want indoor tennis courts,
they want indoor racquet ball and they want indoor
handball. I say to you that an R-1 and an R-2 neighborhood
of this quality is not the location for this kind of
facility. And I submit to you that, that is why the
ordinance does not permit it, and I don't believe this
application is proper as a matter of law and as a matter of
the merits and as a matter of the track record of this
applicant, it ought not be permitted to be expanded any
further,and they should not be given a use permit on their-
additional eight acres. It should be developed like the
rest of the area in fine homes, which would not frustrate
anybody's reasonable expectations when they acquired this
property. Accordingly, we ask you to deny this application
on two grounds. one, that it's not the type of facility
that's envisioned by the ordinance itself or the language
of it. And Second, to allow an expansion of a further
non-conforming structure as inconsistant with the
neighborhood and if it is not properly located."
Subsequently Council heard this matter and permitted
VBRC, on motion of Mr. Merrick, seconded by mr. Baum, to
withdraw the application. The apparent reason therefor was
that the Zoning Ordinance did not then permit, and does not
now permit, "recreational uses of an indoor nature" in this
type zoning district.
4.
Mr. Grover wright representing the Great Neck Assn.
argued to the Council on this occasion that:
1. The 'blimp hangar" is illegal as it is not-
outdoor, and it violates the 35' height limitation.
2. That the Planning Staff should not have accepted-':,,@,
an application including indoor racquet ball courts,
because such is not an outdoor recreational facility
permitted by the CZO.
At this time, it appears that several points should be
underscored:
1. Research has revealed no use permit for a swimming
pool or for cabanas. Has such been permitted?
2. The original focus was outdoor tennis courts;
courts and only outdoor courts!
3. There was never any suggestion, other than by
opponents or Planning Commission members, that the parcel
would be put to the commercial use now being advertised.
The current use, without considering the relationship to
the Virginia Beach Resort-Conference Hotel, may be in
violation of Section 501 of the Zoning Ordinance, in that
the Club is in a defacto commercial use. Tennis clubhouses
are not an authorized conditional use. In this vein we pose
the questions:
1. Is the Club a not-for-profit corporation?
2. How much did the Club gross and net in each of
the last 3 years?
3. How much did the 55% shareholders, the Shiflets,
take out as profit or transfer to other corporations?
4. Page 631 of the 19 8 2 C&P Telephone Book, Yellow -
Pages(years 1981&1982) lists the "Virginia Beach Racquet
Club" as being "Open to the General Public" for the
purchase of a "large selection of apparel and equipment."
In addition, under "Tennis Instruction", the "Virginia
Beach Racquet Club" apparently makes available "Private
and Group Lessons .... To The General Public ... (on) Indoor
and outdoor Courts." The location for both services,
5.
apparel, and equipment, and lessons, is 1950 Thomas Bishop
Lane, Telephone 481-7545.
In light of these ads in 3. above, the following
questions should be answered by the applicant:
1. Why is a commercial operation apparently being
conducted in an R-1 zone?
2. Is apparel and equipment available to the general
public as advertised?
3. How much apparel and equipment was sold last year
to the general public?
4. How many lessons, and what was the dollar value
thereof, of lessons provided to the general public?
5. What was the gross and net amounts generated from
sales and services to the general public in each of the
last three years?
It should be noted that non-membership use for profit may
extend back as far as 1978. In the 6 May 1978 minutes of a
meeting with the Great Neck Assn., Dr. Shiflet stated that
"Swimming lessons are available for members and
non-members."
The promotional materials of the Virginia Beach
Resort-Conference Hotel identify a clear,and unargueable
commercial use of the VBRC, in violation of the Zoning
Ordinance.
The proposed additions (which are indoor recreational
uses, not authorized by the CZO) to the VBRC include:
1. male and female locker rooms.
2. a jacuzzi
3. a sauna
4. a grille room to accomodate 95 people
(5. a gym type workout room.Not listed but intended)
These amemities are cited in in the Resort- Conference
Hotel literature. (page 2 of the adv. encl.)
The Racquet Club telephone number (481-7545) is given in
the Hotel promotional literature as a number to call for
information regarding purchase of Hotel condominium
6.
units.(encl. p. 3) This is another clear commercial use of
a R-1 zone.
on page 4 of the enclosed Hotel promotional material,
the Projected First Year Operation Budget shows required
Racquet Club Dues (40$/month per unit) as $142,080 which is
approximately 20% of the First Year Assessment Income, and
reflecting the same percentage of "Operating Expenses and
Resources."
Page 5 of the enclosure an aerial view of the Resort
Conference Hotel site on Shore Drive, indicates clearly
that the Racquet Club is seen as a commercial extension of
the Hotel.
In Sununary,the promotional material attached shows clear
and unargueable commercial use of the Racquet Club by the
Conference Hotel. owners of condominium units in the Hotel
will enter the standard rental -lease back agreement for
properties of this kind and will be severly restricted by
the IRS in their use their own units, usually for only a
few weeks each year. Some 100 units of the Hotel willremain
under the ownership of the management. Most of the use of
the Hotel will be by casual visitors, not by residents of
Virginia Beach. Thus the great balance of the use of the
Racquet Club "guests" will be by "Visitors", not residents,
and who are paying a fee for service.
It is clear that the enhancements sought in the subject
application are not recreational facilities of an outdoor
nature, and are intended to enhance the marketability of
the Resort-Conference Hotel units.
This application is not within the CZO, and should be
denied. Further, Council should cause to be investigated
the current uses of this parcel as perhaps being in
violation of the CZO.
Summary:
This application is not properly before the Council,
7.
since the CZO does not permit the requested use.
This application should be denied, on grounds that:
l.The Ordinances do not authorize such uses, i.e.
there is no enabling ordinance.
2. Such use is commercial and is prohibited by
current ordinances.
Very respectfully yours,
Nelson Sabin
Chairman
enclosures: pp. 1 thru 5
- 7 3 -
ITEM II-G.6 ITEM #19828
Attorney Robert B. Cromwell, Jr., represented the applicant
The following spoke in opposition:
James Powell, President of Lake Christopher Home
Association. (Petitions were presented to
City Council, copies of which will be made a
part of these proceedings)
Attorney A. Joseph Canada
Councilman McCoy made a motion, seconded by Councilman Baum,
to uphold the recommendation of the Planning Commission and
APPROVE the applications of PETERSON ASSOCIATES, INC., A
VIRGINIA CORPORATION, for Changes of Zoning District Classifi-
cation.
Councilwoman McClanan offered a SUBSTITUTE MOTION, seconded by
Councilwoman Oberndorf, to DENY the applications of PETERSON
ASSOCIATES, INC., A VIRGINIA CORPORATION, for Changes of Zoning
District Classification.
The recorded vote on the SUBSTITUTE MOTION is as follows:
Voting: 5 - 6
Council Members Voting Aye: (for substitute motion)
Harold Heischober, Vice Mayor Barbara M. Henley,
W. H. Kitchin, III, Reba S. McClanan, and Meyera
E. Oberndorf
Council Members Voting Nay:
John A. Baum, Nancy A. Creech, H. Jack Jennings,
Jr., Mayor Louis R. Jones, Robert G. Jones, and
J. Henry McCoy, Jr., D.D.S.
Council Members Absent:
None
- 7 4 -
The recorded vote on the MAIN MOTION is as follows:
Voting: 6 - 5
Council Members Voting Aye: (for main motion)
John A. Baum, Nancy A. Creech, H. Jack Jennings,
Jr., Mayor Louis R. Jones, Robert G. Jones, and
J. Henry McCoy, Jr., D.D.S.
Council Members Voting Nay:
Harold Heischober, Vice Mayor Barbara M. Henley,
W. H. Kitchin, III, Reba S. McClanan, and Meyera
E. Oberndorf
Council Members Absent:
None
- 7 5-
ORDINANCE UPON APPLICATION OF PETERSON Z0483718
ASSOCIATES, INC., A VIRGINIA CORPORATION,
FOR A CHANGE OF ZONING DISTRICT CLASSIFI-
CATION FROM R-8 RESIDENTIAL DISTRICT TO
A-1 APARTMENT DISTRICT
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
Ordinance upon application of Peterson Associates, a
Virginia Corporation, for a Change of Zoning District
Classification from R-8 Residential District to A-1
Apartment District on certain property located 300 feet
more or less West of Kempsville Road beginning at a
point 900 feet more or less South of Indian River Road,
running a distance of 800 feet more or less in a South-
westerly direction, running a distance of 500 feet more
or less in a Northwesterly direction, running a distance
of 800 feet more or less in a Northeasterly direction
and running a distance of 500 feet more or less in a
Southeasterly direction. Said parcel contains 9,908-acres.
KEMPSVILLE BOROUGH.
When the development plans for this project are reviewed by
the staff, the following may be required:
1. Standard improvements as required by the Subdivision
Ordinance.
2. City water and sewer.
Prior to the changing of the official zoning maps, the
following condition will be met:
1. The applicant has voluntarily agreed to submit an
instrument for recordation limiting the number of
dwelling units on this parcel to a maximum of 140
townhouses for sale and to provide a 40-foot open
space buffer adjacent to the residents in Lake
James. This document is to be recorded in the Office
of the Clerk of Circuit Court.
This Ordinance shall be effective from date of adoption
Adopted by the Council of the City of Virginia Beach,
Virginia, on the Twenty-Fifth day of April, 1983.
- 7 6 -
ORDINANCE UPON APPLICATION OF PETERSON Z0483719
ASSOCIATES, INC., A VIRGINIA CORPORATION,
FOR A CHANGE OF ZONING DISTRICT CLASSIFI-
CATION FROM B-2 COMMUNITY-BUSINESS DISTRICT
TO A-1 APARTMENT DTSTRICT
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
Ordinance upon application of Peterson Associates, Inc.,
a Virginia Corporation, for a Change of Zoning District
Classification from B-2 Community-Business District to A-1
Apartment District on certain property located on the
West side of Kempsville Road beginning at a point 690
feet South of Indian River Road, running a distance of
122.50 feet along the West side of Kempsville Road,
running a distance of 270 feet more or less in a North-
westerly direction, running a distance of 95 feet in a
Southwesterly direction, running a distance of 500 feet
more or less in a Northwesterly direction, running a
distance of 350 feet more or less in a Northeasterly
direction, running a distance of 300 feet more or less
in a Southeasterly direction, running a distance of 200
feet in a Southwesterly direction and running a distance
of 350 feet more or less in a Southeasterly direction.
Said parcel contains 4.5-acres. KEMPSVILLE BOROUGH.
When the development plans for this project are reviewed
by the staff, the following may be required:
1. Standard improvements as required by the Subdivision
Ordinance.
2. City water and sewer.
Prior to the changing of the official zoning maps, the
following condition will be met:
1. The applicant has voluntarily agreed to submit an
instrument for recordation limiting the number of
dwelling units on this parcel to a maximum of 140
townhouses for sale and to provide a 40-foot open
space buffer adjacent to the residences in Lake
James. This document is to be recorded in the Office
of the Clerk of the Circuit Court.
This Ordinance shall be effective from date of adoption
Adopted by the Council of the City of Virginia Beach,
Virginia, on the Twenty-Fifth day of April, 1983
- 7 7 -
ITEM II-G.7 ITEM #19829
Attorney Grover C. Wright, Jr., represented the applicant
Gail Swatzer, resident in area, spoke in behalf of the
application
Dr. Robert Waddell spoke in behalf of his application
The following spoke in opposition:
Phyllis Haywood, Great Neck Meadows Civic League
Samuel De Stefano, Forest Park Subdivision, presented
petitions from area residents opposing this
request for rezoning, copies of which will be
made a part of these proceedings.
Nelson Sabin, Chairman of the Great Neck Association
of Civic Leagues
Upon motion by Councilman Jennings, seconded by Councilwoman Creech,
City Council voted to APPROVE the application of ROBERT W. WADDELL,
M.D., TRUSTEE OF VIRGINIA BEACH ORTHOPEDIC ASSOCIATES, INC., EMPLOYEE
BENEFIT PROFIT SHARING PLAN for a Change of Zoning District Classifi-
cation as per the following:
ORDINANCE UPON APPLICATION OF ROBERT W. WADDELL, Z0483720
M.D., TRUSTEE OF VIRGTNIA BEACH ORTHOPEDIC
ASSOCIATES, INC., EMPLOYEE PROFIT SHARING PLAN
FOR A CHANGE OF ZONING DISTRTCT CLASSIFICATION
FROM R-5 RESIDENTIAL DISTRICT TO 0-1 OFFICE
DISTRICT
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINTA BEACH,
VIRGINIA:
Ordinance upon application of Robert W. Waddell, M.D.,
Trustee of Virginia Beach Orthopedic Associates, Inc.,
Employee Profit Sharing Plan for a Change of Zoning
District Classification from R-5 Residential District
to 0-1 Office District on certain property located on
the South side of Old Donation Parkway beginning at a
point 1049.26 feet West of First Colonial Road, running
a distance of 813.73 feet along the South side of Old
Donation Parkway, running a distance of 744.19 feet in
a Southeasterly direction and running a distance of 481.91
feet in a Northeasterly direction. Said parcel contains
4-acres more or less. LYNNRAVEN BOROUGH.
- 7 8 -
When the development plans for this project are reviewed
by the Staff, the following may be required:
1. Standard improvements as required by the Site Plan
Ordinance.
2. City water and sewer.
3. Upgrading of downstream drainage facilities or
the provision of on-site retention for storm
water.
This Ordinance shall be effective upon date of adoption
Adopted by the Council of the City of Virginia Beach,
Virginia, on the Twenty-Fifth day of April, 1983
Voting: 8-3
Council Members Voting Aye:
John A. Baum, Nancy A. Creecb, Harold Heischober,
H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert
G. Jones, W. H. Kitchin, Ill, and J. Henry McCoy,
Jr., D.D.S.
Council Members Voting Nay,.
Vice Mayor Barbara M. Henley, Reba S. McClanan, and
Meyera E. Oberndorf
Council Members Absent:
None
- 7 9 -
ITEM II-G.8 ITEM #19830
The City Clerk read a letter from Helfant Brothers requesting
allowance for WITHDRAWAL of this petition
Lee A. Williams spoke in opposition
Martin Cowell spoke in opposition
Upon motion by Councilman Jennings, seconded by Councilman Baum,
City Council voted to uphold the recommendation of the Planning
Commission and DENY the application of BOSDIN AND ASSOCIATES for
a Change of Zoning District Classification as per the following:
Ordinance upon application of BOSDIM and Associates
for a Change of Zoning District Classification from
R-5 Residential District to R-8 Resi ential District
on certain property located on the North side of South
Lynnhaven Road beginning at a point 116 feet East of
Pritchard Road, running a distance of 438.65 feet
along the North side of South Lynnhaven Road, running
a distance of 744.08 feet along the Eastern property
line, running a distance of 450.58 feet along the
Northern property line and running a distance of 720.62
feet along the Western property line. Said parcel
contains 7.2-acres. LYNNHAVEN BOROUGH
Voting: 11-0
Council Members Voting Aye: (for denial)
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, J. Henry McCoy,
Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
- 8 0 -
0 R D I N A N C E S
ITEM II-H.1 ITEM #19831
Upon motion by Councilman McCoy, seconded by Councilwoman Creech,
City Council voted to uphold the recommendation of the City Manager
and ADOPT the Ordinance authorizing the City Manager to vacate a
10-foot drainage easement to Amterra Partners Net Lease Fund 1,
Across Parcel A-3, 5277 Princess Anne Road, Kempsville Borough
(Pizza Hut of America, Inc.).
Voting: I 1- 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, J. Henry McCoy,
Jr., D.D.S., and Meyera E. Oberndorf*
Council Members Voting Nay:
None
Council Members Absent:
None
*VOICED VERBAL "AYES"
-8 1-
REQUESTED BY: PUBLIC WORKS
AN ORDINANCE AUTHOAIZING THE CITY
MANAGER TO VACATE A 10' DRAINAGE
EASEMENT TO AMTERRA PARTNERS NET
LEASE FUND I, ACROSS PARCEL A-3,
5277 PRINCESS ANNE ROAD,
KEMPSVILLE BOROUGH (PIZZA HUT OF
AMERICA, INC.)
WHEREAS, by Deed, dated September 19, 1979, and recorded in
the Clerk's Office of the Circuit Court of the City of Virginia
Beach, in Deed Book 1448, at Page 573, Robertson-Zachary &
ASsociates, predecessor in title to Amterra Partners Net Lease
Fund I, conveyed to the City of Virginia Beach a perpetual
right-of-way and drainage easement, shown as 'EXISTING 10'
DRAINAGE EASEMENT; D.B. 1448, P. 573 HEREBY VACATED,' on the
attached plat entitled 'PLAT SHOWING 10' DRAINAGE EASEMENT D.B.
1448 P. 573 TO BE RELOCATED KEMPSVILLE BOROUGH VIRGINIA BEACH,
VIRGINIA,' dated January 27, 1983, revised April 6, 1983,
(hereinafter Exhibit A); and
WHEREAS, inasmuch as an alternate drainage route is now
feasible, Amterra Partners Net Lease Fund I, the fee simple
owner, and Pizza Hut of Virginia, Inc., its lessee, have
requested that the City of Virginia Beach release its right and
interest in the "EXISTING 101 DRAINAGE EASEMENT; D.B. 1448, P.
573 HEREBY VACATED," as shown on Exhibit A; and
WHEREAS, First Virginia Bank has consented to the relocation
of the "101 DRAINAGE EASEMENT HEREBY DEDICATED' and to the
vacation of the "EXISTING 10' EASEMENT; D.B. 1448, P. 573 HEREBY
VACATED;' and
WHEREAS, Pizza Hut of Virginia, Inc., has agreed to
reconstruct the drainage facility at no cost to the City of
Virginia Beach.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH:
That, pursuant to the foregoing agreements, the City Manager
is hereby authorized to execute a Deed of Vacation and Quitclaim
(a copy of which is attached hereto and incorporated herein by re-
ference), releasing the City's right and interest in the "EXISTING
- 8 2 -
10' DRAINAGE EASEMENT,' as shown on Exhibit A, on the condition
that Amterra Net Lease Fund I grant to the City of Virginia Beach
the alternate drainage facilities entitled '10' DRAINAGE EASEMENT
HEREBY DEDICATED,' as shown on Exhibit A, and that the alternate
drainage facilities be constructed at no cost to the City of
Virginia Beach.
Adopted by the Council of the City of Virginia Beach,
Virginia, on A ril 1983
Ci/da
4/5/83
4/8/83
Alt. 3 Disk
-2-
- 8 3 -
U N F I N I S H E D B U S I N E S S
ITEM II-I.1 ITEM #19832
Attorney Robert Simpson, Jr., represented Ocean Rescue, Inc.
Upon motion by Councilwoman McClanan, seconded by Vice Mayor
Henley, City Council voted to APPROVE the Beach Equipment Rental
and Lifeguard Services Franchise Agreement for Area Number One,
Ocean Rescue, Inc.
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, Reba S.
McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera
E. Oberndorf
Council Members Voting Nay:
None
Council Members Abstaining:
W. H. Kitchin, Ill
Council Members Absent:
None
-8'4-
AREA NO. I
FRANCRISE AGREEMENT
P--r-ement), dated April 25,
1983, by anct between trie CITY UF VIRGINIA BEACH, VIRGINIA, a
municipal corporation of the Commonwealth of Virginia (the City),
and OCEAN RESCUE, INC. (the Franchisee), is entered into pursuant
to the police powers of the City, as embodied in Section 2.01 of
the City Charter and Sections 15.1-839 and 15.1-894 of the Code
of Virginia, 1950, as amended, in the interest of public health,
safety, and welfare. The Agreement recites and provides:
RECITALS
WHEREAS, Ocean Rescue, Inc. has submitted a bid to the City
for the award of a franchise to conduct certain beach equipment
rental operations along the oceanfront of the City in
consideration for providing lifeguard and other services along
the oceanfront, as provided herein, and for other good and
valuable consideration, receipt of which is hereby
acknowledged.
W I T N E S S E T H
1. Right to Conduct Beach E_quipment Rental Operations.
Subject to the terms and conditions set forth herein, the
City hereby grants to the Franchisee the nonexclusive right,
insofar as the City may lawfully grant such right, to rent beach
equipment, as specified in paragraph 5, in and on the "Premises"
or "Franchise Area" which shall be defined as that portion of the
sand beach of the Atlantic Ocean bordered on the west and east,
respectively, by the easternmost edge of the boardwalk or
bulkhead and the mean low water line of the Atlantic Ocean and
bordered on the south and respectively, by a point
approximately 7,106.69 feet north of the northern jetty of Rudee
Inlet and a point approximately 14,213.38 feet north of the
northern jetty of Rudee Inlet, as outlined in red on the attached
Exhibit A, hereby incorporated by reference.
-8 5-
Nothing contained herein shall preclude or otherwise limit
the right of-the Public, while on the Premises, to use either
their own beach equipment or beach equipment leased from other
2. Term.
Thelterm of this Agreement shall be for a period of five (5)
years, commencing March 14, 1983, and terminating March 14,
1988.
3. Services to be Performed.
The Franchisee agrees that it shall, at its sole cost and
expense, provide lifeguard services, facilities, equipment, and
supplies for the Premises in such manner, at such times, and in
all other respects pursuant to the terms of this Agreement and
all the ordinances, rules, and regulations from time to time
prescribed by the City during the term hereof, and further, in
accordance with the terms and conditions of the sealed bid
submitted to the City by the Franchisee on February 28, 1983, on
bid item #7761, a copy of which is hereby incorporated by refer-
ence and hereinafter referred to as the "Bid.* The Franchisee
shall:
(a) Allow free access by the general public to the Premises
I and to the Atlantic Ocean. If, however, at'any time, in the
judgment of the Franchisee, the condition of the Ocean is
dangerous to the health, safety, or welfare of the public using
the Premises, Franchisee shall prominently display @no swimming
signs at all entrances to the beach. Nothing contained herein,
however, shall diminish the right of the City to close the
beaches when it deems necessary for the public health, safety, or
welfare.
(b) Provide a minimum of one lifeguard, on duty, per
lifeguard stand, at the times prescribed herein. The Franchisee
i shall also provide at least three (3) on-duty supervisors and one
(1) on-duty franchise manager, as required herein, who shall
assist lifeguards as needed, but shall not act as a primary
lifeguard. All supervisors and the franchise manager shall be on
duty whenever lifeguards are on duty.
-2-
-8 6-
(c) Provide lifeguard services, as defined in this
paragraph, ea@h year beginning no later.than the Saturday
preceding Memorial Day and ending no earlier than Labor Day,
-;ards shall be on constant duty
and in the stands between the hours of 9:30 a.m. and 6:00 p.m.,
unless performing any lifeguard services. The Franchisee shall
provide lifeguard stands on the beach throughout the Franchise
Area. There shall be at least twenty-two (22) lifeguard stands
generally spaced throughout the Premises at the access steps to
the beach or at the street ends as approved by the City Manager
or his designee. Each lifeguard stand must be manned by at least
one (1) lifeguard. Lifeguard services shall include but not be
limited to:
(1) Constant surveillance of the ocean and Premises fo@
persons in need of assistance-,
(2) Search for and rescue of bathers, swimmers,
surfers, and others who are in need of assistance in the
water;
(3) Rendering the necessary first aid to those in need;
(4) Taking necessary and prudent steps to prevent the
possibility of injury or death to persons in the water
and upon the Premises;
(5) Reporting all drownings or serious injuries to the
appropriate authorities;
(6) Assist in locating and reporting lost and abandoned
children and property; and
(7) Reporting violations of the law to the appropriate
authorities.
(d) Provide one hundred percent (100%) staffing of life-
guards, supervisors, and a franchise manager as required herein
fz;om and including the Saturday preceding Memorial Day through
and including Labor Day. However, (1) between Memorial Day and
the Sunday following the closure of Virginia Beach Public Schools
for summer recess and (2) the two (2) weeks immediately preceding
Labor Day, the Franchisee shall provide not less than fifty
percent (50%) of the staffing of lifeguards and supervisors.
-3-
8 7 -
(e) Provide and maintain in proper working order the minimum
lifeguard emergency and communication equipment specified in
Exhibit B, a copy of which is attached hereto and incorporated by
(f) Provide and maintain in proper working order a motor
boat comparable to that shown in the Bid. This boat shall be
available seven (7) days a week and used primarily for the
training of lifeguards.
(g) Provide and maintain in proper working order a truck
comparable to that shown in the Bid. This truck shall be ful
y
equipped with, among other things, a public address system and
oxygen. The truck will be available seven (7) days a week and
used for daily patrols.
(h) Submit by June 1 of each year and maintain a current
listing with the City of nanies, addresses, telephone numbers, and
birthdates of all lifeguards, supervisors, and the franchise
manager.
(i) Collect and place into City receptacles all litter (all
uncontainerized, man-made solid waste) deposited on the Premises
one (1) inch in diameter or larger or any other materials that
might be considered hazardous to beach users (i.e. glass, metal,
etc.) on a daily basis. The City shall place at least one (1)
fifty-five (55) gallon litter receptacle per block on the
Premises. Additional receptacles will be provided as deemed
necessary by the City. The City shall collect and remove any
natural debris such as seaweed and other grasses which, from time
to time, may collect on the Premises. Franchisee shall assist as
directed by the City in the collection of any natural debris but
1 shall not be required to remove same from the Premises.
(j) obtain permission from the City Manager or his designee
prior to a temporary suspension of any or all of the Franchisees
s
lifeguard services set forth in paragraph 3(c).
(k) Certify that all lifeguards and supervisors have
complied with all of the training and physical requirements
specified in Exhibit C, a copy of which is attached hereto and
incorporated by reference.
-4-
(1) Notwithstanding any of the foregoingt no lifeguard,
supervisor, oi franchise manager shall rent any equipment or
otherwise conduct any part of a beach concession business during
4. Franchisee Employee Oualifications.
(a) Lifeguards All lifeguards must be at least seventeen
(17) years of age at the time they report for duty and must meet
all City Code requirements, including but not limited to Section
6-71, as amended. In addition, all lifeguards must meet all
minimum physical qualifications and satisfactorily complete all
tests outlined in Exhibit C.
(b) Supervisors - All supervisors must be at least nineteen
(19) years of age at the time they report for duty, and must
possess at least two (2) summers of experience as an ocean
lifeguard. In addition, all supervisors must meet all minimum
qualifications for lifeguards.
(c) Franchise Manager - The franchise manager shall be at
least twenty-one (21) years of age at the time he or she r*ports
for duty and shall be responsible for managing the lifeguard and
other services provided by the Franchisee. The franchise manager
must possess at least two (2) years experience as an ocean
lifeguard and have general managerial and tiaining experience.
The franchise manager shall work in close cooperation with all
City departments and shall be the liaison between the Franchisee
and the City department responsible for administering the
franchise.
5. Beach Equipment.
(a) The Franchisee may offer for rent upon the Premises only
the below-described equipment and such other equipment as may be
approved by City Council:
- floats
- beach chairs
- um brellas
- boogie boards
(b) The equipment offered for rent must meet the minimum
specifications as described in Exhibit D, attached hereto and
incorporated by reference.
-89-
(c) If the Franchisee desires to offer any of the above
equipment for'rent at any time other than the periods contained
in paragraph 3(c), then the Franchisee must provide at least one
-@e hundred twenty-five (325) feet
of the place where the equipment is being offered for rent and
comply with all of the requirements in paragraphs 3(a), 3(c),
3(e), 3(h), 3(i), 3(k), 3(1), and 6. In this eventuality, the
Franchisee shall provide one (1) on-duty supervisor for every
seven (7) on-duty lifeguards.
6. Beach Equipment Rental.
The Franchisee shall provide enough rental operators to
properly and orderly control the placement and rental of all
beach equipment. No beach equipment shall be placed on the
Premises directly in front of or blocking any steps or access
points leading from the boardwalk or bulkhead. No beach
equipment shall be placed within twenty-five (25) feet of any
lifeguard stand or in any location which will interfere with the
lifeguard performing his or her duties. No beach equipment
rental operator shall conduct the rental business within
twenty-five (25) feet of any lifeguard stand. All beach
equipment offered for rent shall be stored in a manner and at a
location on the Premises approved by the Cit'y Manager or his
designee. However, when the condition of the Atlantic Ocean does
not permit storage on the Premises, the equipment may be stored
at a location on the grassy area west of the concrete boardwalk
and bicycle path approved by the City Manager or his designee.
However, if stored on the grassy area, the equipment must not
take up a space greater than twenty (20) feet square and four (4)
feet high. No equipment shall be stored on the grassy area in
more than one location per block.
7. Fee.
In addition to all other charges otherwise due, the
Franchisee shall pay to the City an annual franchise fee in the
amount of $20,000.00 the first year, $20,000.00 the second year,
$20,000.00 the third year, $20,000.00 the fourth year, and
$20,000.00 the fifth year. Such annual fees shall be payable in
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cash, certified or cashier's check, payable in lawful money of
the United States of America, according to the following
schedule:
First Year's Fee
id
IU% - due on or by June 1
40% - due on or by July 15
40% - due on or by August 15
10T%
Subsequent Yearis Fees
20% - due on or by June 1
40% - due on or by July 15
40% - due on or by August 15
The Franchisee may, in the alternative, tender to the City the
entire amount of the franchise fee, exclusive of the ten percent
(10%) required at the time of bid, at the time of the award of
the franchise. Franchisee will be assessed a late payment fee of
ten percent (10%) of the amount of the installment plus interest
on the installment and penalty at a rate of eighteen percent
(18%) per annum. This shall in no way alter the provisions of
paragraph 11 or preclude the City from enforcing the provisions
of paragraphs 11 and 12 herein.
8. Insurance.
Franchisee shall, at all times during the term hereof,
maintain valid insurance policies with insurance companies
satisfactory to the City, including but not limited to the
following:
(a) Workers' compensation insurance in amounts and in
all other respects in accordance with the laws of the
Commonwealth of Virginia; and
(b) General liability insurance under a comprehensive
general liability policy including contractual liability,
products and completed operations liability, and all other
coverag@5 tne Franchisee, its employees,
agents, assigns, and successors, and the City (the term City
shall mean the City and its officials, elected representatives,
constitutional officers, employees, agents, assigns, and their
successors), for all operations associated with the provision of
lifeguard services, beach maintenance, and equipment rental
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9 1 -
services, whether incidental o, not, in an amount no less than
$1,000,000 co.mbined single-limit for claims arising out of the
operations of the Franchisee under this Agreement. Such
@-ity assumed by Franchisee under-
this Agreement and shall name both Franchisee and the City as
insureds, as their interest may appear, and shall provide for
full limits of recovery including all legal costs regardless of
i any similar or other insurance which either party may have in
effect; and
(c) Automobile liability insurance covering the operation,
by the Franchisee, of all owned, hired, and/or nonowned vehicles,
at limits of not less than $500,000 combined single-limii.
On or before April 1, 1983, and at least ten (10) days prior
to the renewal date of any such insurance policies, Franchisee
shall provide the City with originals of such policies or a
certificate of insurance from the respective insurers attesting
the fact that such insurance is in force and effect. Such
insurance shall be in form, substance, and coverage satisfactory
to the City. Such insurance policy shall require the insurer to
provide ten (10) days written notice to the City prior to the
cancellation of all or any part of such insurance.
9. Performance Bond.
Franchisee shall secure and maintain in effect during the
full term of this Agreement a Performance Bond or letter of
credit in favor of the City in the amount of $200,000. Such
Performance Bond or letter of credit shall be written effective
as of the date of the award of this Agreement. Such bond or
letter of credit shall guarantee performance by Franchisee of all@
of its duties and obligations contained in the Agreement and
shall be written by a suretv company or bank approved by the City
Attorney. Such bond or letter of credit shall be satisfactory to,
tne City Attorney in form, substance, and coverage and shall be
submitted within ten (10) days of the signing of this Agreement.
10. Covenants, Warranties,- and Xndemnification.
(a) Franchisee warrants that at all times during the term
hereof, it will employ personnel qualified and experienced in
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lifesaving operations and techniques and has maintained and will
maintain at al@l times during the term hereof adequate personnel,
facilities, equidment, and supplies to provide the services
(b) Franchisee agrees to bire and retain sufficient
personnel to perform the activities and services contemplated
hereby and shall recruit, employ, train, supervise, direct,
discipline, and discharge, when necessary, any and all such
personnel. Such personnel shall be at all times and for all
purposes solely in the employment of Frahchisee when performing
the duties of lifeguard, supervisor, franchise manager, or
equipment relital operator.
(C) Franchisee covenants and agrees to comply with all
applicable federal, state, and local laws, rules, and regulations
and to save and hold the City harmless from any and all liability
arising from any violation of any such laws, rules, and
regulations.
(d) Franchisee at its expense shall obtain all permits and
licenses which are required by the City or any other goverranental
authority in connection with the activities and services
contemplated hereby.
(e) Franchisee agrees to, and hereby does, indemnify, save,
and hold harmless the City, its officials, elected representa-
tives, constitutional officers, employees, agents, assigns, and
successors from and against any and all claims, demands, damages,@
actions, causes of action, liabilities, costs, and expenses
(including, without limitation, attorneys' fees and expenses) of
every kind and nature in any manner arising or resulting from the
activities or services rendered, or to be rendered, by Franchisee
pursuant to this Agreement.
11. Termination or Expiration.
The City 4hall have the option to terminate the Franchise
Agreement in the event of:
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(a) Failure to perform services under paragraphs 3(c),
10(a), and li(b) of this Agreement. Such failure shall be
grounds for immediate termination.
to observe or perform any of
its other covenants, conditions, or agreements hereunder for a
period of thirty (30) days after written notice specifying such
failure and requesting that it be remedied.
(C) (1) Failure of the Franchisee to pay generally its
debts as they become due, (2) commencement by the Franchisee of a
voluntary case under the Federal bankruptcy laws, as now or
hereafter constituted, or any other applicable Federal or state
bankruptcy, insolvency, or other similar law, (3) consent by the
I Franchisee to the appointment of a receiver, liquidator,
assignee, trustee, custodian, sequestrator, or other similar
official for the Franchisee or any substantial part of its
property or to the taking possession by any such official of any
substantial part of the property of the Franchisee, (4) making by
the Franchisee of any assignment for the benefit of creditors, or
(5) taking of corporate action by the Franchisee in furtherance
of any of the foregoing.
(d) The entry of any (1) decree or order for relief by a
court having jurisdiction over the Franchisd-e or its property in
I an involuntary case under the Federal bankruptcy laws, as now or
hereafter constituted, or any other applicable Federal or state
bankruptcy, insolvency, or other similar law, (2) appointment of
a receiver, liquidator, assignee, trustee, custodian,
sequestrator, or similar official for the Franchisee or any
substantial part of its property, or (3) order for the
termination or liquidation of the Franchisee or its affairs.
(e) Failure of the Franchisee within sixty (60) days after
the commencement of any proceedings against it under the Federal
bankruptcy laws, as now or hereafter constituted, or any other
applicable Federal or state bankruptcy, insolvency, or similar
law, to have such proceedings dismissed or stayed.
Upon any such termination of the agreements and obligations
of the City for any of the foregoing reasons, all sums paid to
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the City by the Franchisee hereunder and all lifeguard and rental
equipment leit on the Premises shall deemed to be forfeited to
.1 the City without compensation to the Franchisee and the
11 -:ther rights in connection therewith.
i In addition, the City shall have the right to enforce its claims
against any and all assets and rights of the Franchisee. Failure
of the City, in any one or more instances, to insist upon strict
observance of any term, covenant, condition, warranty, or
provision of this Agreement, or the City's failure to exercise
any of its options in the event of a default, termination, or
expiration by the Franchisee, shall in no way be deemed a waiver
of such term, covenant, condition, warranty, or provision, or
estop the City from exercising any or all of its options
hereunder at a later time.
Upon the expiration of the term of this Agreement or upon any
sooner termination in accordance with the foregoing provisions,
the Franchisee shall have no further rights in, on, or to the
Premises.
12. City's Remedies.
In the event of default, termination, or expiration of this
Agreement, the City may exercise any or all of the below-listed
options:
(a) Retain and utilize the sums previously tendered to the
City by Franchisee;
(b) Retain and utilize the forfeited lifeguard and rental
equipment provided by the Franchisee under the terms of this
Agreement;
(c) Require payment from the surety on the Performance Bond
as outlined in paragraph 9;
(d) Refranchise the Premises to another party;
(e) Perform the obligations of the Franchisee on the
Premises; and
(f) Pursue any or all legal and equitable remedies available
to the City in accordance with this Agreement and the laws of the
Commonwealth of Virginia and the City of Virginia Beach.
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13. Limitations of Undertakinqs.
Franchisee acknowledges and agrees that the City does not, in
any way or for any purpose, become a partner, joint venturer, or
with Franchisee.
14. Notices.
The Virginia Beach Department of Parks and Recreation is
hereby designated as the City department responsible for
administering the provisions of this Agreement. Nothing
contained herein, however, shall preclude the City from
designating other City departments or employees as agents to
enforce the provisions of this Agreement.
All notices from Franchisee to the City required or permittedi
by any provisions of this Agreement shall be in writing and shall
be deemed given when sent by registered or certified mail and
addressed as follows:
From Franchisee to City:
Director, Department of Parks and Recreation
4700 Recreation Drive
Virginia Beach, Virginia 23456
From City to Franchisee:
Ocean Rescue, Inc.
1804 Arctic Avenue
Virginia Beach, Virginia 23451
All payments required pursuant to this Agreement from the
Franchisee to the City shall be made at the office of the
Director of Finance, Municipal Center, Virginia Beach, Virginia,
23456. All payments made by check shall be made payable to
Treasurer, City of Virginia Beach,
Either party may at any time, or from time to time, designatei
in writing a substitute address for the addresses set forth
above, and thereafter notices shall be directed to such
substitute address.
15. Succ-@-,)r.@
All rights and liabilities herein given to or imposed upon
the respective parties hereto shall extend to and bind their
successors and assigns, but Franchisee shall not sublet or assign
any of its rights, privileges, duties, or obligations under this
Agreement without the prior, written consent of the City.
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16. Governing Laws.
This Agreement is entered into and is intended to be
performed in Virginia, and the validity, enforceability,
decermined and
governed by the laws of the Commonwealth of Virginia.
17. Entire Agreement.
This Agreement contains the entire agreement between the
parties hereto and supersedes any contemporaneous negotiations,
understandings, and agreements, written or oral, between the
parties. This Aqreement shall not be amended or modified, and no,
waiver of any provision herein shall be effective unless such
amendment, modification, or waiver is set forth in a written
instrument authorized and executed with the same formality as I
this Agreement.
18. Police Powers - Entitlements and Resqrvations
This Agreement is granted pursuant to police powers of the
City, as embodied in 52.01 of the City Charter and Sections.
15.1-839 and 15.1-894 of the Code of Virginia, 1950,.as amended,
in the interest of the public health, safety, and welfare and is
subject to all franchises and permits hereafter granted by the
Council to use the Premises. The grant of this Agreement is
subject to all ordinances and resolutions of the council of the
City as the same now exist or may be hereafter amended, revisedf
or codified in the lawful exercise-of the police power or in the
lawful exercise of any other power granted to the City by the
General Assembly.
19. Severability Clause.
In the event any provision or provisions of this Agreement
are determined to be void, ultra vires, or otherwise
unenforceable by a court of competent jurisdiction, the remaining
portions of this Agreement shall remain in full force.
CITY OF VIRGINIA BEACH, VIRGINIA
By
City Manager
ATTEST:
City Cler
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FR!A,NCHISEE
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
I,
a Notary
Public in and for the City and State aforesaid, do hereby certify@@
that THOMAS H. MUEHLENBECK, City Manager, and RUTH HODGES SMITH,
CitY Clerk, for the CITY OF VIRGINIA BEACH, whose names as such
are signed to the foregoing Franchise Agreement, have
acknowledged the same before me in My City and State aforesaid.
GIVEN under my hand this day of
1983.
Not;ry Public
My Commission Expires-
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
I, a Notary
Public in and for the City and State aforesaid, do hereby certify
that President, and
Secretary, for whose names as
such are signed to the foregoing Franchise Agreement, have
acknowledged the same before me in my City and State aforesaid.
GIVEN under my hand this day of
1983.
Notary @ublic
My Commission Expires:
(48C.1)
1/12/83
1/18/83
1/26/83
1/14/83
1/16/83
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s ol
9 9-
@XHIBIT B
Stands:
elax i,liulit -ii-!u cop b'6" x 6-6-
Capable of seating two guards at one time.
Personal Sounding Devises: (Whistles)
Whistles shall have a uniform high-pitch sound and be
audible at a minimum of 3001 from source of the sound.
Rescue Buoys:
A standard rescue tube or rescue can with a 6' poly line
(minimum 1400 lb. test) attached to the buoy with a nylon
shoulder harness.
Back Support_Device:
A device at least 61 in length and 16" wide capable of
supporting a person on an even plane. Each devise shall
have one set of straps (two) adjustable to at least 60' in
length.
Radio:
One working portable two-way radio with frequency tuned to
City of Virginia Beach Police Department. (Frequency Band
number will be supplied by Police Department.)
First-Aid Kit:
First-aid kit stocked with a minimum of ten Bandaides la x
3', eight 4' x 4' Sterile Gauze Pads, two 2" x 10 yards
gauze rolls, one roll of adhesive first-aid or athletic
tape.
How Equipmept is to be Deployed:
1. All stands will be equipped with a first-aid kit at all
times during use.
2. All lifeguards while on duty shall have a whistle and a
rescue buoy.
3. One back support device will be on the beach in an
operable condition and centrally accessible for all
lifeguards for each 2400 linear feet of the Premises.
4. At least one working portable two-way radio tuned to the
Police Frequency will be manned by a supervisor or
franchise manager on the Premises each day that
lifeguards are on duty.
EXHIBIT C
Franchisee will attest to the fact that each lifeguard and
supervisor has met and can continue to meet,while on duty the
@-ifications:
ha4. CULL@ii;-.y vaIid American Red Cross Advanced
Lifesaving Certificate or its equivalent.
2. Have not less than 20/100 vision corrected in each eye
to 20/20.
3. Have normal hearing.
4. Be in generally good health and physical condition.
5. Be able to run 100 yards carrying a rescue buoy, enter
the ocean and swim 50 yards using an approach stroke to
a designated location 50 yards out in the ocean
perpendicular to the beach, return swimming to the @each
50 yards using a stroke performed on the front only and
run 50 additional yards to a designated finish mark in
a time specified by the Department of Parks and
Recreation.
6. Have a current valid American'Red Cross'Cardio-Pulmonary
Resuscitation (CPR) certificate or its equivalent
obtained within fourteen days of reporting to work.
Franchisee will conduct run-swim-run tests for each lifeguard no
later than two days after the lifeguard's reporting for work and
again between 30 and 45 days after reporting for work. Dates,
times, and location of tests will be made known to,the City 48
hours in advance. The Franchisee shall maintain a record of its
employee's compliance with these requirements, which records
shall be opened for inspection by the City during normal office
hours.
Franchisee will conduct mandatory drills weekly for all
lifeguards. The drills shall be designed to insure the physical
condition of the lifeguards and that they are proficient while
performing all lifeguard services as required in paragraph 3(c)
herein.
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EXHIBIT D
MINIMUM SPECIFICA IONS FOR BF;ACH RENTAL E UIPMENT:
b-avv-duty, canvas outer layer
-'- '@lit e @ 0
r if rced
B. Chairs: Constructed of reinforced canvas and/or synthetic
blend seat and backing, and adjustable hardwood frame capable@
of supporting a full-sized adult, or of comparable quality.
Attachable leg rest optional.
C. Umbrellas: Minimum six-foot center pole with minimum
six-ri b@ed valanced umbrella of heavy-duty construction.
D. Constructed of 100% polyethylene foam or of
lity with no skegs or fins attached.
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ITEM II-I.I.a ITEM #19833
Attorney Edward Garcia, Jr., represented the Virginia Beach
Patrol
Mr. Ned Kuehn spoke in behalf of the Virginia Beach Patrol
Upon motion by Councilman McCoy, seconded by Councilman Jennings,
City Council voted to APPROVE the Beach Equipment Rental and
Lifeguard Services Franchise Agreement for Area Number Two,
Virginia Beach Patrol, Inc., with a MODIFICATION TO THE
COMMUNICATIONS EQUIPMENT as outlined by the Assistant City
Attorney.
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, Reba
S. McClanan, J. Henry McCoy, Jr., D.D.S., and
Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Abstaining:
W. H. Kitchin, III
Council Members Absent:
None
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AREA NO. 2
FRANCHISE AGREEMENT
IOI.NCUTSE AGREEMENT @the Agreement), dated April 25,
1983, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a
municipal corporation of the Commonwealth of Virginia (the City),.l
ill and VIRGINIA BEACH PATROL, INC. (the Franchisee), is entered into
pursuant to the police powers of the City, as embc>died in Section'
2.01 of the City Charter and Sections 15.1-839 and 15.1-894 of
the Code of Virginia, 1950, as amended, in the interest of public!
health, safety, and welfare. The Agreement recites and
provides:
RECITALS
WHEREAS, Virginia Beach Patrol, Inc. has submitted a bid to
the City for the award of a franchise to conduct certain beach
equipment rental operations along the oceanfront of the City in
consideration for providing lifeguard and other services along
the oceanfront, as provided herein, and for other good and
valuable consideration, receipt of which is hereby
acknowledged.
W I T N E S S E T H
1. Right to Conduct Beach Equipment Rental Operations.
Subject to the terms and conditions set forth herein, the
City hereby grants to the Franchisee the nonexclusive right,
insofar as the City may lawfully grant such right, to rent beach
equipment, as specified in paragraph 5, in and on the "Premises*
or "Franchise Area' which shall be defined as that portion of the
sand beach of the Atlantic Ocean bordered on the west and east,
respectively, by the easternmost edge of the boardwalk or
bulkhead and the mean low water line of the Atlantic Ocean and
bordered on the south and north, respectively, by the northern
jetty of Rudee Inlet and a point approximately 7,106.69 feet
north of the northern jetty of Rudee Inlet, as outlined in red on
the attached Exhibit A, hereby incorporated by reference.
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Nothing contained herein shall preclude or otherwise limit
the right of the public, while on the Premises, to use either
their own beach equipment or beach equipment leased from other
L @ @ZCZtted D-- t:tle ece,i. !.es.
2. Term.
The term of this Agreement shall be for a period of five (5)
years, commencing March 14, 1983, and terminating March 14,
1988.
3. Services to be Performed.
The Franqhisee agrees that it shall, at its sole cost and
expense, provide lifeguard services, facilities, equipment, and
supplies for the Premises in such manner', at such times, and in
all other respects pursuant to the terms of this Agreement and
all the ordinances, rules, and regulations from time to time
prescribed by the City during the term hereof and further, in
accordance with the terms and conditions of the sealed bid
submitted to the City by the Franchisee on February 28, 1983, on
bid item #7762, Beach Franchise Area No. 2. Copies of the bid
documents contained in the sealed bid are hereby incorporated by
reference and hereinafter referred to as the @Bid." The
Franchisee shall:
(a) Allow free access by the general public to the Premises
and to the Atlantic Ocean. If, however, at any time, in the
judgment of the Franchisee, the condition of the Ocean is
dangerous to the health, safety, or welfare of the public using
the Premises, Franchisee shall prominently display 'no swiming"
signs at all entrances to the beach. Nothing contained herein,
however, shall diminish the right of the City to close the
neacnes wnen it deems necessary for the public health, safety, or
welfare.
(b) Provide a minimum of one lifeguard, on duty, per
lifeguard stand, at the times prescribed herein. The Franchisee
shall also provide at least three (3) on-duty supervisors, one
(1) on-duty marine patrol supervisor, one (1) on-duty franchise
manager, and one (1) on-duty captain. As required herein, they
shall assist lifeguards as needed but shall not act as a primary
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lifeguards. In addition, Franchisee shall provide at least seven
(7) on-duty crew chiefs. All supervisors, crew chiefs, the
marine patrol supervisor, the franchise manager, and the captain
Le ori duty w,@,c-,riever L.Lte4guards are on duty.
(c) Provide lifeguard services, as defined in this
paragraph, each year beginning no later than the Saturday
preceding memorial Day and ending no earlier than Labor Day,
seven (7) days a week. The lifeguards shall be on constant duty
and in the stands between the hours of 9:30 a.m. and 6:00 p.m.,
unless performing any lifeguard services. The Franchisee shall
provide lifeguard stands on the beach throughout the Franchise
Area. There shall be at least twenty-two (22) lifeguard stands
generally spaced throughout the Premises at the access steps to
the beach or at the street ends as approved by the City Manager
or his designee. Each lifeguard stand must be manned by at least
one (1) lifeguard. Lifeguard services shall include but not be
limited to:
(1) Constant surveillance of the ocean and Premisoo for
persons in need of assistance;
(2) Search for and rescuo of bathers, swil=ers,
surfers, and others who are in need of assistance in the
water;
(3) Rendering the necessary first aid to those in need;
(4) Taking necessary and prudent steps to prevent the
possibility of injury or death to persons in the water
and upon the Premises;
(5) Reporting all drownings or serious injuries to the
appropriate authorities;
(6) Assist in locating and reporting lost and abandoned
children and propertv; and
(7) Reporting violations of the law to the appropriate
authorities.
(d) Provide one hundred percent (1001) staffing of lift-
guards, supervisors, and a franchise manager as required herein
from and including the Saturday preceding t4emorial Day through
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-106@,
and including Labor Day. However, (1) between Memorial Day and
the Sunday fo'llowing the closure of Virginia Beach Public Schools
for summer recess and (2) the two (2) weeks immediately preceding
@il. provide not less tnan f.Lfty
percent (50%) of the staffing of lifeguards and supervisors.
(e) Provide and maintain in proper working order the minimum
lifeguard emergency and communication equipment specified in
Exhibit B, a copy of which is attached hereto and incorporated by
reference.
(f) Provide and maintain in proper working order a boat
patrol consisting of a power boat comparable to that shown in the
Bid. The boat patrol shall be on call seven (7) days a week and
fully equipped with all the necessary communication equipment,
including Beach Patrol, police, and marine frequencies. in
addition, all necessary first aid and safety equipment will be
aboard, and the boat shall be operated by a qualified lifeguard
supervisor who is properly trained in safe boating operation and
in the latest boat safety techniques.
(g) Provide and maintain in proper working order a
communications system that will facilitate immediate and
effective communication between all Beach Patrol personnel during
the times Franchisee is responsible for providing lifeguard
services. Each lifeguard stand shall be equipped with an
electronic communications device (Motorola No. ). Bach
device shall be connected to a central switchboard manned by a
communications coordinator. The communications coordinator will
be on duty from 9:30 a.m. until 6:00 p.m. and shall be responsi-
ble for the smooth operation of the communications system and
serve as a contact for police and City officials. He will be
stationed in a centrally local:cts?d small, attractive booth
ijmnediately adjacent to the bicycle path and have radio and
telephone service. The communications booth will also serve as
an information outlet for the public regarding lost children,
first aid, and weather and surf conditions.
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The electronic corrmurications devices and the system shall be
constantly maintained by the Franchisee, enabling the on-duty
lifeguards to have voice communication and non-verbal electronic
@Q,;.:ciinator whereby the
coordinator will be able to electronically notify the proper
emergency personnel as well as send crew chiefs to the area and
notify adjacent lifeguards.
The communications and information center shall be built in
accordance with the Bid and shall be located at a point off the
I boardwalk and adjacent to the bike path following the proper
authorization by City Council.
The captain, the franchise manager, and all supervisors will
be equipped with hand-held portable radios with Beach Patrol and
police frequencies as authorized by the Virginia Beach Police
Department.
(h) Provide and maintain a properly staffed surf rescue
school in accordance with the Bid and the Surf Rescue School
Operations and Training Manual. All lifeguards, crew chiefs,
11 supervisors, the marine patrol supervisor, the franchise manager,
ana tne captain shall successfully complete this school prior to
assuming their responsibilities on the beach or in the water.
(i) Periodically hold procedural meetings between the
supervisors, the marine supervisor, the franchise manager, the
captain, and representatives of the police department, police
communications supervisors, and the rescue squad for the reasons
indicated in the id,
(j) Post information boards on the back of all lifeguard
stands to provide for information regarding weather, tides, and
special notices concerning surf and ocean conditions. The boards
will be updated daily at 9:30 a.m. and at 1:30 p.m. or as Is
otherwise necessary.
(k) Provide for a system of transportation in accordance
with the Bid. All trucks, jeeps, bicycles, and other equipment
shall be maintained by the Franchisee in order that the
Franchisee can fulfill its obligations in accordance with this
Agreement. The Franchisee must operate the jeep primarily on the'
-1 08-
boardwalk and may only operate this equipment on the beach when
such operation will result in no danger to the public.
(1) SubTnit bv Jline 1 of each vear ar,.d maintain a current
a(,d,:t6ses, telephone numbers,
and birthdates of all lifeguards, crew chiefs, supervisors, the
marine patrol supervisor, the franchise manager, and the
1; captain.
(m) Collect and place into City receptacles all litter (all
uncontainerized, man-made solid waste) deposited on the Premises
one (1) inch in diameter or larger or any other materials that
might be considered hazardous to beach users (i.e. glass, metal,
etc.) on a daily basis. The City shall place at least one (1)
fifty-five (55) gallon litter receptacle per block on the
Premises. Additional receptacles will be provided as deemed
necessary by the City. The City shall collect and remove any
natural debris such as seaweed and other grasses which, from time
to time, may collect on the Premises. Pranchisee shall assi6t as
directed by the City in the collection of any natural debris but
shall not be required to remove same from the Premises.
(n) Install and maintain clearly, visible markers on the
beach and in the ocean which designate the surfing areas
established in Section 6-116 of the Virginia Beach City Code, as
ended, from the Saturday preceding Memorial Day through Labor
am
Day of each year.
(o) obtain permission from the City 14anager or his designee
prior to a temporary suspension of any or all of the Franchimet's
lifeguard services set forth in paragraph 3(c).
(p) Certify that all lifeguards, crew chiefs, supervisors,
and the marine patrol supervisor have complied with all of the
t--,ii@ino nd r)hvsi,72i] requir@m@nts specified in Exhibit C, a copy
f which is attached hereto and incorporated by reference.
0
(q) Notwithstanding any of the foregoing, no lifeguard,
crew chief, supervisor, franchise manager, marine patrol
supervisor, or captain shall rent any equipment or otherwise
conduct any part of a beach concession business during those
hours he or she is on duty.
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4. Franchisee Employee ouatliflcations.
(a) Lifeguards - All lifeguards must be at least seventeen
(17) years of aae n" the tine they report for duty and must moot
@uL i;cr- iiina@ted to Section
6-71, as amended. In addition, all lifeguards must meet all'
minimum physical qualifications and satisfactorily complete all
tests outlined in Exhibit C and comply with all the requirements
contained in the Bid.
(b) Supervisors - All supervisors must be at least nineteen
(19) years of age at the time they report for duty and must
possess at least two (2) summers of experience as an ocean
lifeguard. In addition, all supervisors must meet all minimum
qualifications for lifeguards, and all the requirements contained
in the Bid over and above those contained in this paragraph.
(c) Crew Chiefs - All crew chiefs must be at least seventeen
(17) years of age at the time they report for duty and meet all
the minimum qualifications for lifeguards, in addition to meeting
all requirements contained in the Bid. Crew chiefs will be
responsible for relieving a section of three (3) to four (4)
lifeguards for lunch and breaks. Crew chiefs will act as a
back-up for lifeguards in emergency situations and will be
stationed at stands where there are specific life-saving
problems.
(d) Marine Patrol Supervisor - The marine patrol supervisor
must meet all requirements of the supervisors and be properly
trained in safe boating operation and in the latest boat safety
techiniques. The marine patrol supervisor shall be responsible
for the operation of the boat patrol.
(e) Franchise manager - The franchise manager shall be at
least twenty-on- (?I) years of age at the ti,.ne he or she reports
for duty and shall be responsible for managing the lifeguard and
other services provided by the Franchisee. The franchise mmager
must possess at least two (2) years experience as an ocean
lifeguard and have general managerial and training experience.
in addition, the franchise manager shall meet all requirements
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and the job description contained in the Bid over and above those
contained in"this paragraph.
(f) Cai)tain The captain must be at least twenty-five (25)
-,.e reports tor duty and possess a
bachelor's degree from an accredited college, preferably majoring
in recreation. In addition, the captain shall meet all the
requirements contained in the Bid and conduct himself in
accordance with the job description in the Bid. moreover, the
captain shall work in close cooperation with all City departments
and shall be the liaison between the Franchise and the City
department responsible for administering the franchise.
5. Beach Equipment.
(a) The Franchisee may offer for rent upon the Premises only
the below-described equipment and such other equipment as may be
approved by City Council on the Premises set aside exclusively
for swimming:
- floats
- beach chairs
- umbrellas
- boogie boards
(b) The Franchisee may offer for rent only the
below-described equipment and such other equipment as may be
approved by City Council on the Premises set.aside exclusively
for surfing:
- beach chairs
- umbrellas
- surfboards
(c) The equipment offered for rent must meet the minimum
specifications as described in Exhibit D, attached hereto and
incorporated by reference.
(d) If the Franchisee desires to offer any of the above
equipment for rent at any time other than the periods contained
-,@i paragrapn 3(c), then the ranchisee must provide at least one
(1) on-duty lifeguard within three hundred twenty-five (325) feet
of the place where the equipment is being offered for rent and
comply with all of the requirements contained in paragraphs 3(a),
3(c), 3(e), 3(j), 3(k), 3(1), 3(m), 3(p), 3(q), and 6. In this
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eventuality, .the Franchis@e shall provide one (1) on-duty
supervisor for every seven (7) on-duty lifeguards.
6. Beach Ecluipment Rental..
f,@,;gi rental operators to
properly and orderly control the placement and rental of all
beach equipment. Franchisee shall provide a full-time manager
who will be primarily responsible for the rental operation, and
whose duties will not conflict with the lifeguards, supervisors,
the crew chiefs, the franchise manager, and the captain. The
manager will be on the oceanfront daily to supervise rental
employees and to make adequate rental supplies available to the
public. The rental manager will be responsible for hiring and
raining individuals to serve as rental employees.
All rental personnel will be fully trained in the following
areas: (1) CPR, (2) Public Relations, (3) Proper set-up of beach
equipment, (4) Safety precautions concerning the rental equipment
during high winds and thunderstorms, and (5) maintenance of the
beach. Rental employees will attempt to ensure that a prospoc-
tive renter has adequate swimming ability. They will be issu*d
uniforms consisting of a bathing suit, a shirt, and a jacket.
The uniforms will be properly marked "Beach Rentals.* Rental
personnel will be stationed adjacent to public access steps and a
small, attractive sign will be posted displaying the rental
rates.
The rental equipment will be available at a discounted rate
to our senior citizens and every effort will be made to reserve
umbrellas and chairs close to public access steps, to better
accommodate the elderly.
No beach equipment shall be placed on the Premises directly
in front of or blockir,.o anv steds or access points leading from
the boardwalk or bulkhead. No beach equipment shall be placed
within twenty-five (25) feet of any lifeguard stand or in any
location which will interfere with the lifeguard performing his
or her duties. No beach equipment rental employee shall conduct
the rental business within twenty-five (25) feet of any lifeguard
stand. All beach equipment offered for rent shall be stored in a
manner and at a location on the Premiaes approved by th* City
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Manager or his designee. However, when the condition of the
Atlantic Ocean does not permit storage on the Premises, the
equipment may be stored at a I,)cation on the grassy aroa went of
the concrete bo@@@w.-K pac'.-I pproved by the City
Manager or his designee. However, if stored on the grassy &r*&,
the equipment must not take up a space greater than twenty (20)
11 feet square and four (4) feet high. No equipment shall be stored
on the grassy area in more than one location per block. The
rental equipment rates shall be: (1) umbrella and two chairs,
$8.00, (2) umbrella only (daily), $6.00, (3) chairs (daily),
$3.00, (4) floats (daily), $5.00, (5) floats (after 2:00 P.M.),
$3.00, and (6) seasonal umbrella, $250.00.
7. Fee.
In addition to all other charges otherwise due, the
Franchisee shall pay to the City an annual franchise fee in the
amount of $15,000.00 the first year, $15,000.00 the second year,
$15,000.00 the third year, $15,000.00 the fourth year, and
$15,000.00 the fifth year. Such annual fees shall be payable in
cash, certified or cashier's check, payable in lawful money of
the United States of America, according to the following
schedule:
First Year's Fbe
10% - to be submitted with a bid
10% - due on or by June 1
40% - due on or by July 15
40% - due on or by August 15
Subsequent Year's Fees
20% - due on or by June 1
40% - due on or by July 15
40% - due on or by August 15
Too-%
The Franchisee may, in the alternative, tender to the City the
entire amount of the franchise fee, exclusive of the ten percent
(10%) required at the time of bid, at the time of the award of
the franchise. Franchisee will be assessed a late payment fee or1
ten percent (10%) of the amount of the installment plus intereat
on the installment and penalty at a rate of eighteen percent
(18%) per annum. This shall in no way alter the provisions of
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paragraph 11-or preclude the City from enforcing the provisions
of paragraphs'll and 12 herein.
8. Ins-u.rance.
term hereof, ain
ruring the m
tain valid insurance policies with insurance companies satisfac-
tory to the City, including but not limited to the following:
(a) Workers' compensation insurance in amounts and in
all other respects in accordance with the laws of the
Commonwealth of Virginia; and
(b) General liability insurance under a comprehensive
general liability policy including contractual liability,
products and completed operations liability, and all other
coverages necessary to protect the Franchisee, its employeos,
agents, assigns, and successors; and the City (the term City
shall mean the City and its officials, elected representatives,
constitutional officers, employees, agents, assigns, and its
successors), for all operations associated with the provis ion of
lifeguard services, beach maintenance, and equipment rental
services, whether incidental or not, in an amount no less than
$1,000,000 combined single-limit for claims arising out of the
operations of the Franchisee under this Agreement. Such
insurance shall include any liability assumed by Franchisee under
this Agreement and shall name both Franchisee and the City as
insureds, as their interest may appear, and shall provido for
full limits of recovery including all legal costs regardless of
any similar or other insurance which either party may have in
effect; and
(c) Automobile liability insurance covering the operation,
by the Franchisee, of all owned, hired, and/or nonowned vehicles,
at limits of not less than $500,000 combined single-limit.
on or before April 1, 1983, and at least ten (10) days prior
to the renewal date of any such insurance policies, Franchisoo
shall provide the City with originals of such policies or a
certificate of insurance from the respective insurer attesting
the fact that such insurance is in force and effect. Such
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insurance shall be in formp substance, and coverage satisfactory
to the City. Such insurance policy shall require the ingur*r to
provide ten (10) days written notice to the City prior to the
ji: a -L -iiiurance.
9. Performance Bond.
Franchisee shall secure and maintain in effect during the
full term of this Agreement a Performance Bond or letter of
credit in favor of the City in the amount of $200,000. Such
Performance Bond or letter of credit shall be written effective
as of the date of the award of this Agreement. Such bond or
letter of credit shall guarantee performance by Franchisee of all
of its duties and obligations contained in this Agreement and be
written by a surety company or bank approved by the City
Attorney. Such bond or letter of credit shall be satisfactory to
the City Attorney in form, substance, and coverage and shall be
submitted within ten (10) days of the signing of this Agreement.
10. Covenants, Warranties, and Indemnification.
(a) Franchisee warrants that at all times during the term
hereof, it will employ personnel qualified and experienced in
lifesaving operations and techniques and has maintained and will
maintain at all times during the term hereof adequate personnol,
facilities, equipment, and supplies to provide the services
contemplated hereby.
(b) Franchisee agrees to hire and retain sufficient
personnel to perform the activities and services contemplated
hereby and shall recruit, employ, train, supervise, direct,
discipline, and discharge, when necessary, any and all such
personnel. Such personnel shall be at all times and for all
purposes solely in the employment of Franchisee when performing
the duties of lifequard, supervisor, franchise manager, or
equipment rental operator.
(c) Franchisee covenants and agrees to comply with all
applicable federal, state, and local laws, rules, and regulations
and the Bid and to save and hold the City harmless from any and
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all liability arising from any violation of any such laws, rules,
and regulations or the Bid.
(d) Franchisee at its expense shall obtain all permits and
Wt@4c" aL@ ,,e C.Lry rr any other goverrmental@,
authority in connection with the activities and services
contemplated hereby.
(e) Franchisee agrees to, and hereby does, indemnify, save#
and hold harmless the City, its officials, elected representa-
tives, constitutional officers, employees, agents, assigns, and I
successors from and against any and all claims, demands, damages,
actions, causes of action, liabilities, costs, and expenses
(including, without limitation, attorneys' fees and expensoo) of
every kind and nature in any manner arising or resulting from the
activities or services rendered, or to be rendered, by Pranchisee
pursuant to this Agreement.
11. Termination or Expiration.
The City shall have the option-to terminate the Franchisli
Agreement in the event of:
(a) Failure to perform services under paragraphs 3(c),
10(a), and 10(b) of this Agreement. Such failure shall be
grounds for immediate termination.
(b) Failure of the Franchisee to observe or perform ny of
or a
its other covenants, conditions, or agreements hereunder :
period of thirty (30) days after written notice specifying such
failure and requesting that it be remedied.
(c) (1) Failure of the Franchisee to pay generally its
debts as they become due, (2) commencement by the Pranchisee of a!
voluntary case under the Federal bankruptcy laws, as now or I
I
hereafter constituted, or any other applicable Federal or state I
bankruptcy, insolverov, or other similar law, (3) consent by the
Franchisee to the appointment of a receiver, liquidator,
assignee, trustee, custodian, sequestrator, or other similar
official for the Franchisee or any substantial part of its I
i property or to the taking possession by any such official of any I
I
substantial part of the property of the Franchisee, (4) making byl
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the Franchisee of any assignment for the benefit of creditors, or
(5) taking oi-corporate action by the Franchisee in furtherance
of any of the foregoinq.
(d) Th. oraer tor relief by a
court having jurisdiction over the Franchisee or its property in
an involuntary case under the Federal bankruptcy laws, as now or
hereafter constituted, or any other applicable Federal or state
bankruptcy, insolvency, or other similar law, (2) appointment of
a receiver, liquidator, assignee, trustee, custodian,
sequestrator, or similar official for the Franchisee or any
substantial part of its property, or (3) order for the
termination or liquidati on of the Franchisee or its affairs.
(e) Failure of the Franchisee within sixty (60) days after
the commencement of any proceedings against it under the Federal
bankruptcy laws, as now or hereafter constituted, or any other
applicable Federal or state bankruptcy, insolvency, or similar
law, to have such proceedings dismissed or stayed.
Upon any such termination of the agreements and obligations
of the City for any of the foregoing reasons, all sums paid to
the City by the Franchisee hereunder and all lifeguard and rental
equipinent left on the Premises shall deemed to be forfeited to
the City without compensation to the Franchisee and the
Franchisee shall have no further rights in connection therewith.
In addition, the City shall have the right to enforce its claims
against any and all assets and rights of the Franchisee. Failurel
of the City, in any one or more instances, to insist upon strict
observance of any term, covenant, condition, warranty, or
provision of this Agreement, or the City's failure to exercise
any of its options in the event of a default, termination, or
expiration bv the Franchisee, shall in no way be deemed a waiver
of such term, covenant, condition, warranty, or provision, or
estop the City from exercising any or all of its options
hereunder at a later time.
Upon the expiration of the term of this Agreement or upon any
sooner termination in accordance with the foregoing provisions,
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the Franchisee shall have no further rights in, on, or to thIe
Premises.
12. Citv's Remedies.
LC-IillrldtiOll, or expiration of this
Agreement, the City may exercise any or all of the below-listed
options:
(a) Retain and utilize the sums previously tendered to the
City by Franchisee;
(b) Retain and utilize the forfeited lifeguard and rental
equipment provided by the Franchisee under the terms of this
Agreement;
(c) Require payment from the surety on the Performance Bond
as outlined in paragraph 9;
(d) Refranchise the Premises to another party;
(e) Perform the obligations of the Franchisee on the
Premises; and
(f) Pursue any or all-legal and equitable remedies available
to the City in accordance with this Agreement and the laws of the
Commonwealth of Virginia and the City of virginia Beach.
13. Limitations of Undertakings.
Franchisee acknowledges and agrees that the City does not, in
any way or for any purpose, become a partner, joint venturer, or
member of any joint enterprise with Franchisee.
14. Notices.
The Virginia Beach Department of Parks and Recreation is
hereby designated as the City department responsible for
administering the provisions of this Agreement. Nothing
contained herein, however, shall preclude the City from
I desiqnating other City departments or employees as agents to
enforce th- T,-ovisinns of @lis Agreement.
All notices required or permitted by any provisions of this
Agreement shall be in writing and shall be deemed given when sent
by registered or certified mail and addressed as follows:
frOM Franchisee to City:
Director, Department of Parks and Recreation
4700 Recreation Drive
Virginia Beach, Virginia 23456
From City to Franc@_.-_@
Virginia Beach Patrol, Inc.
Post Office Box 137
Virginia Beach, Virginia 23458
All payments required pursuant to this Agreement from the
Franchisee to the City shall be made at the office of the
Director of Finance, Municipal Center, Virginia Beach, Virginia,
23456. All payments made by check shall be made payable to
Treasurer, City of Virginia Beach.
Either party may at any time, or from time to time, designate
in writing a substitute address for the addresses set forth
above, and thereafter notices shall be directed to such
substitute address.
15. Successors and Assiqns.
.All rights and liabi.lities herein given to or imposed upon
the respective parties hereto shall extend to and bind their'
-.uccessors and assigns, but Franchisee shall not sublet or assign
any of its rights, privileges, duties, or obligations under this
Agreement without the prior, written consent of the City.
16. Governing Laws.
This Agreement is entered into and is intended to be
perform@d in Virginia, and the validity, enforceability,
interpretation, and construction hereof shall be determined and
governed by the laws of the Commonwealth of Virginia.
17. Entire Agreement.
This Agreement contains the entire agreement between the
parties hereto and supersedes any contemporaneous negotiations,
understandings, and acreements, written or oral, between the
parties. This Agreement shall not be amended or modified, and no!
waiver of any provision herein shall be effective unless such
amendment, modification, or waiver is set forth in a written
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instrument authorized and executed with the same formality as
this Agreemen@t.
18. Police Powers - Entitlements and Reservations
Tiiis tigreement is gc@ji@e@ parsuant to police powers of the
City, as embodied in 52.01 of the City Charter and Sections
15.1-839 and 15.1-894 of the Code of Virginia, 1950, as amended,
in the interest of the public health, safety, and welfare and is
subject to all franchises and permits hereaft'er granted by the I
The qrant of this franchise is subj ct@
City to use the Premises.
to all ordinances and resolutions of the Council of the City a:
the same now exist or may be hereafter amended, revised, or
codified in the lawful exercise of the police power or in the
lawful exercise of any other power granted to the City by the
General Assembly.
19. Severability Clause.
In the event any provision or provisions of this Agreement
are determined to be void, ultra vires,, or otherwise
unenforceable by a court of competent jurisdiction, the remainingl
portions of this Agreement shall remain in full force.
CITY 4W VIRGINIA BEACH, VIRGINIA
By
City Manager
ATTEST:
i y lerk
FRANCHISEE
ATTEST:
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STATE OF VIRCINTA
f CITY OF VIR@NIA BEACH, to-wit:
a Notary
do hereby certify
that THOMAS H. MUEHLENBECK, City Manager, and RUTH HODGES SMITH,
City Clerk, for the CITY OF VIRGINIA BEACH, whose names as such
are signed to the foregoing Franchise Agreement, have
acknowledged the same before me in my City and State aforesaid.
GIVEN under my hand this day of
1983.
Notary PuSlic
My Commission Expires:
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
I, a Notary
Public in and for the City and State aforesaid, do hereby certify!
@ll that President, and
Secretary, for whose names as
such are signed to the foregoing Franchise Agreement, have
acknowledged the same before me in my City and State aforesaid.
GIVEN under my hand this dav of
1983.
Notary Public
My Commission Expires:
#2
(48C.3)
1/i2/83
1/18/83
1/26/83
4/12/83
4/16/83
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EXHIBIT B
Stands:
Maximum Height 111
Minimum Height 61
Maximum Base and top 6'61 x 6'6"
Capable of seating two guards at one time.
Personal Sounding_Devises: (whistles)
Whistles shall have a uniform high-pitch sound and be
audible at a minimum of 3001 from source of the sound.
IRescue BUOYS:
A standard rescue tube or rescue can with a 61 poly line
(minimum 1400 lb. test) attached to the buoy with a nylon
shoulder harness.
Back Support Device:
A device at least 61 in length and 16* wide capable of
supporting a person on an even plane. Each devise shall
have one set of straps (two) adjustable to at least 600 in
length.
!Radio:
Provide communication equipment in accordance with the
Franchisee's Bid to the extent authorized by the Virginia
Beach Police Department.
F@rst-Aid Kit:
First-aid kit stocked with a minimum of ten Bandaides 1" x
31, eight 4' x 4' Sterile Gauze Pads, two 21 x 10 yards
gauze rolls, one roll of adhesive first-aid or athletic
tape.
How Equipment is to be Deployed:
1. All stands will be equipped with a first-aid kit at all
times during use.
2. All lifeguards while on duty shall have a whistle and a
rescue buoy.
3. One back support device will be on the beach in an
operable condition and centrally accessible for all
lifeguards for each 2400 linear feet of the Premises.
4. At least one working portable two-way radio tuned to the
Police Frequency will be manned by a supervisor or
Lranchise manager on the Premises each day that
lifeguards are on duty.
5. All stands shall be equipped with an electronic
communication's device and information boards in
accordance with this Agreement.
6, All stands shall be equipped with a batter- wered bu 1
horn in accordance with the Franchisee's Bid.
Po
7. All stands shall be equipped with highly visual warning
flags, in accordance with the requirements of
Franchisee's Bid, to be used when hazardous conditions
exist.
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EXHIBIT C
Franchisee will attest to the fact that each beach lifeguard,
crew chief, and supervisor has met and can continue to meet while
1. Have a currently valid American Red Cross Advanced
Lifesaving Certificate or its equivalent.
2. Have not less than 20/100 vision corrected in each eye
to 20/20.
3. Have normal hearing.
4. Be in generally good health and physical condition.
5. Be able to run 200 yards carrying a rescue buoy, enter
the ocean and swim 150 yards off-shore and return, using
a continuous overhand stroke. Upon exiting the water,
the applicant shall run 200 yards, reenter the water,
and swim to a point 100 yards off-shore using the same
overhand stroke. Upon exiting the water at this point,
the applicant shall run 100 yards. This entire test
must be completed within a time specified by the
Department of Parks and Recreation.
6. Have a current valid American Red Cross Cardio-Pulmonary
Resuscitation (CPR) certificate or its equivalent
obtained within fourteen days of reporting to work.
Franchisee will conduct run-swim-run tests for each lifeguard no
later than two days after the lifeguard's reporting for work and
again between 30 and 45 days after reporting for work. Dates,
times, and location of tests will be made known to the City 48
hours in advance. The Franchisee shall maintain a record of its
employee's compliance with these requirements, which records
shall be opened for inspection by the City during normal office
hours.
Will conduct mandatory daily drills, Monday through
Friday, for all lifeguards, crew chiefs, and, supervisors. The
drills shall be designed to insure the physical condition of the
lifeguards and that they are proficient while performing all
lifeguard services as required in paragraph 3(c) herein.
Lifeguards, crew chiefs, and supervisors will be required to
arrive for muster no later than 8:30 a.m. Physical and mental
training will be conducted between 8:30 a.m. and 9:15 a.m.
During selected days throughout the summer, lifeguards, crew
Ichiefs, and supervisors will be given refresher drills in order
to stay current on information taught during these daily drills.I
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EXHIBIT D
MINIMUK SPECIFICATIONS FOR BEACH RPNTAL E-QUIPMENT:
I.,@VV-duty, canvas outer layer
rub@r r -'.,iforced
ends, or of comparable quality.
B. Chairs: Constructed of reinforced canvas and/or synthetic
en seat and backing, and adjustable hardwood frame capablel
of supporting a full-sized adult, or of comparable quality.
Attachable leg rest optional.
C. Umbrellas: Minimum six-foot center pole with minimum
six-ribbed valanced umbrella of heavy-duty construction.
D. Boogie Boards: Constructed of 100% polyethylene foam or of
comparable q'uality with no skegs or fins attached.
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AREA NO. 2
FRANCHISE AGREEMENT
ALTERNAT9 PARAGRAPH 3(g) - VIRGINIA BEACH' PATROL, INC.
3. Services to bg Performed.
(g) Provid,-. a-@l -ia4n@ain in proper working order a
communications system that will facilitiate immediate and
ieffective communications between all Beach Patrol personnel
.during the times Franchisee is responsible for provding lifeguard
iservices. Each lifeguard stand shall be equipped with a
@telephone connected to a central switchboard manned by a
communications coordinator.
The system shall enable a lifeguard to alert the
icommunications coordinator of the need for assistance in
i I
accordance with the procedure contained in the Bid.
Franchisee shall bury the telephone lines running to
;Lhe stands at least eight (8) inches in the sand daily and shall
iroutinely monitor this condition to insure the safety of the
ipublic. The Franchisee shall obtain permission from the City
lprior to installing any conduits running along the boardwalk and
prior to running any telephone lines through or under the
boardwalk or bulkhead.
The communications coordinator will be on duty from
9:30 a.m. until 6:00 p.m. and shall be respo6sible for the smooth I
:Operation of the communications system and serve as a contact for
lipolice and City officials. He will be stationed in a centrally
located small, attractive booth immediately adjacent to the
bicycle path and have radio and telephone service. The communi
ications booth will also serve as an information outlet for the
l@public regarding lost children, first aid, and weather and surf
l@conditions.
The communications and information center shall be
li@built in accordance with the Bid and shall be located at a point
lioff the boardwalk and adjacent to the bike path following the
proper authorization by City Council.
The captain, the franchise manager, and all
supervisors will be equipped with hand-held portable radios with
@Beach Patrol and police frequencies as authorized by the Virginia
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Beach Police Department.
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ITEM II-1.3 ITEM #19834
The City Clerk advised the Ordinance to extend Community Development
Program for indirect costs as determined by the Cost Allocation Plan
for Program Years 3 - 7 is exempt from Second Reading as it is an
EXEMPTION and not an ALLOCATION.
ITEM #19835
Upon motion by Vice Mayor Henley, seconded by Councilwoman
Oberndorf, City Council voted to ADOPT the Ordinance to
amend and reordain Sections 6-8, 6-9, 6-11, 6-16, 6-17 and
6-120 of the Code of the City of Virginia Beach, Virginia,
and to repeal Article IV, Division 2, Sections 6-81 through
6-94, of the Code of the City of Virginia Beach, Virginia,
pertaining to beaches, boats and waterways.
Voting: 1 1- 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 C. Jones, W. H.
Kitchin, III, Reba S. McClanan, J. Henry McCoy,
Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
-1 2 7-'
AN ORDINANCE TO AMEND AND REORDAIN
SECTIONS 6-8, 6-9, 6-11, 6-16, 6-17
AND 6-120 OF THE CODE OF THE CITY OF
VIRGINIA BEACH, VIRGINIA, AND To
REPEAL ARTICLE IV, DIVISION 2,
SECTIONS 6-81 THROUGH 6-94, OF THE
CODE OF THE CITY OF VIRGINIA BEACH,
VIRGINIA, PERTAINING To BEACHES,
BOATS AND WATERWAYS
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That Sections 6-8, 6-9, 6-11, 6-16, 6-17 and 6-120 of
the Code of the City of Virginia Beach, Virginia, are hereby
amended and reordained as follows and that Article IV, Division
2, Sections 6-81 through 6-94, of the Code of the City of
Virginia Beach, Virginia, is hereby repealed.
Section 6-8. Permit for sales and solicitations on boardwalk and
adjacent area.
Notwithstanding any other provision of this Code,
except as may be permitted by franchise, it shall be unlawful for
any person to sell, solicit, rent, advertise or take orders for
any goods, wares, food, drink or any other property, merchandise,
contributions, membership or support, on behalf of any persont
firm, association or organization, upon the boardwalk or the
grassy lawn area and sand beach adjacent thereto, without having
obtained a permit so to do from the city manager. No such permit
shall be issued unless the city manager shall determine the
following:
(1) That any such solicitation, sale or event will
inure to the cultural and civic betterment of the citizens of the
city;
(2) That the applicant is a duly incorporated group,
association or organization under whose sponsorship and control
the solicitation, sale or event shall take place; and
(3) That the public health or safety will not be
adversely affected.
Section 6-9. Riding bicycles and other pedal-powered vehicles on
boardwalk.
(a) It shall be unlawful for any person to operate any
bicycle upon the boardwalk along the Atlantic Ocean at any time
1 2 8 -
where the city has designated a bicycle path adjacent to the
boardwalk. This prohibition shall not apply to city employees or
offleial-duties on official business or to employees of the
franchisee authorized to provide lifeguard services while on
duty.
(b) It shall be unlawful for any person to operate on
the boardwalk along the Atlantic Ocean at any time any
pedal-powered vehicle that is muscle powered, havinq more than
two (2) wheels and any wheel diameter greater than twelve (12)
inches.
Section 6-11. Driving motor vehicles on boardwalk or bicycle
path adjacent thereto.
It shall be unlawful for any person to drive or
otherwise operate any motor-propelled vehicle, other than a
wheelchair, upon the boardwalk or any designated bicycle path
adjacent thereto along the Atlantic Ocean. This section shall
not apply to city employees on official business or to employees
of the franchisee authorized to provide lifeguard services while
on duty.
Section 6-16. Designation and marking of swimming area.
The city manager or his designee is hereby authorized
to designate areas for public swimming or public bathing and to
mark such areas with buoys which comply with state and federal
laws or with the rules and regulations of the appropriate federal
and state agencies.
or wadino areas.
The city manager or his designee is authorized to
prohibit swirnminq or wadinq at such times and in such areas or
places as may be determined to be unsafe. Such areas shall be
@designated with appropriate markers and no person shall swim or
wade in any area so desiqnated and marked.
-2-
- 1 2 9 -
Section 6-120. Boating, skiing, etc., prohibited in marked
svximming areas.
(a) Except in the case of an emergency,, it shall be
unlawful for any person to operate a motor boat, water skis,
motorized water transportation or any self-propelled vehicle,
surfboard or other similar device within the area of water
designated and marked as provided in section 6-16.
(b) A violation of this section shall be punished by a
fine of not more than fifty dollars (850.00).
Article IV, Division 2, Sections 6-81 through 6-94, is hereby
repealed.
Adopted by the Council of the City of virginia Beach,
Virginia, on the -25 day of April 1983.
RJN/da
3/11/83
(E)
-3-
- 1 3 0 -
1TEM #19836
Upon motion by Councilman McCoy, seconded by Councilman Baum,
City Council voted to RESCIND reconsideration of the application
of MARGARET R. MILLS AND GARPHINE E. SMITH (approved by City
Council on April 11, 1983) for a change of zoning from R-6
Residential District to A-1 Apartment District. (This motion
was made at 12:03 a.m., Tuesday, April 26, 1983.)
Voting: 6 - 5
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, Robert G. Jones, W. E.
Kitchin, III, Reba S. McClanan, and Meyera E. Oberndorf
Council Members Absent:
None
- 1 3 1 -
A D J 0 U R N M E N T
ITEM II-K.1 ITEM #19836
Upon motion by Councilman McCoy, City Council adjourned at 12:10 a.M.
Wc
Diane M. Hickman, Deputy City Clerk
lu lldg. Mayor Louis Jones
City Cl.erk
City of Virginia Beach,
Virginia
25 April 1.983
dmh/bh