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Home My WebLink AboutMAY 7, 1979 CITY U VIRGINII BEIC MUNICIPAL- CENTER VIRGINIA BEACH, VIRGINIA 23456 MAYOR PATRICK L. STANDING, At L.,g. CLARENCE A. HOLLAND, M.D., B.y@id. B.,..gb VICE MAYOR 1. HENRY M,COY JR., D.D.S., K..p,.ill@ B.,@.gb DONALD W. MERRICK, Ly@@b.,,@ B .... gb JOHN A. BAUM, BI.,k..,@, B@,..gb MEYERA E. OBERNDORF, Al L.,g, F. REID ERVIN, A, L.,g@ J. CUR?']S PAYNE, P,i.,@@, A@@. Bo,..gh GEORGE R. FERRELL, A, L.,g@ ROGER L. RIGGS, Vi,i.i. B@.,h B.,..gb BARBARA M. HENLEY, P.@g@ B@,@.gh RUTH HODGES SMITH, Cily Cl@,k CITY COUNCIL AGENDA ITEM I INFORMAL SESSION: MONDAY, 7 MAY 1979 - 1:00 p.m. A. CALL TO ORDER - MAYOR PATRICK L. STANDING B. ROLL CALL OF COUNCIL C. MOTION TO RECESS TO INFORMAL/EXECUTIVE SESSION D. PRESENTATION/DISCUSSTON OF PERTTNENT MATTERS 1. Princess Anne Road Realignment: Discussion of Princess Anne Road near the Navy Housing. 2. Military Liaison Ccymmittee: Discussion of meeting by Mayor Patrick L. Standing 3. Desalting Grant: Status report 4. Rose Hall: Discussion of zoning change for pro- perty 5. Gasoline Purchases: Discussion of recent inaccurate newspaper article ITEM II FORMAL SESSION: MONDAY, 7 mAY 1979 - 2:00 p.m. A. INVOCATION - Reverend William F. Summers, DDD First Presbyterian Church of Virginia Beach B. PLEDGE OF ALLEGIANCE C. ROLL CALL OF COUNCIL D. MINUTES OF REGULAR PREVIOUS MEETING 1. Motion to accept/approve the Minutes of 23 April 1979 E. RESOLUTION OF RESPECT/Prc)cl@tion 1. Resolution of Respect for Lt. Richard V. "Dickie" Taylor, to be presented to City Council by the Davis Corner Vol- unteer Fire Department and ReScue Squad, Inc. 2. Proclamation-Municipal Clerk's Week. F. ORDINANCES/RESOLUTTONS 1. Second Readings a. City Council is requested to approve on second reading an ordinance making appropriations for the fiscal year beginning July 1, 1979 and end- ing June 30, 1980, in the gum of one hundred seventy million, six hundred ninety-six thousand, three hundred forty-eigh@ dollars ($170,696,348) for operations and fifty million, thirty thousand, four hundred ninety-six dollars ($50,030,496) in interfund transfers and regulating the payment of money out of the City Treasury. b. City Council is requested to approve on second reading an ordinance establishing the tax levy on real estate for tax fiscal year 1980. C. City Council is requested to approve on second reading an Ordinance establishing the tax levy on personal property and machinery and tools for the calendar year 1980. d. City Council is requested to approve on second reading an ordinance to amend and reordain Chapter 21 of the Code of the City of Virginia Beach, Vir- ginia, relating to Mosquito Control Districts. e. City Council is requested to approve on second reading an Ordinance appropriating five million, two hundred thousand dollars ($5,200,000) for various schools, highway and engineering buildings, and parks and recreation projects (Revenue Sharing Allocations). f. City Council is requested to approve on second reading an Ordinance to accept a grant totalling $139,214 from the Department of Health, Education and Welfare and to appropriate these funds. g. City Council is requested to approve on second reading an ordinance to accept grants totalling $71,732 from the Division of Justice and Crime Prevention and to appropriate these funds. h. City Council is requested to approve on second reading an Ordinance authorizing the issuance of Public Impi3ovement Bonds of the City of Vir- ginia Beach, Virginia, in the maximum amount of $16,800,000. 2. Resolution a. Letter from the City Manager recommending that City Council approve the Resolution authorizing the issuance and sale of $16,800,000 Public Improvement Bonds, Series of 1979, of the City of Virginia Beach, Virginia, hereto- fore authorized, and providing for the form, details and payment thereof. 3. Appropriations/Grants a. Letter from the City Manager recommending that City Council approve an ordinance making appropriations for the fiscal year beginning July 1, 1979 and ending June 30, 1980, in the sum of one hundred seventy million, six hundred ninety-six thousand, three hundred forty-eight dollars ($170,696,348) for operations and fifty million, thirty thousand, four hundred ninety-six dollars ($50,030,496) in interfund transfers and regulating the payment of money out of the City Treasury, as amended. b. Letter from the City Manager recommending that city Council approve, on first reading, an Ordinance to appropriate additional funds for the Clean Community System Program, in tbe amount of $2,070. C. Letter from the City Manager recommending that City Council approve an ordinance, on first reading, to accept and appropriate $200,000 for the implementation of a demonstration pavement marking program. d. Letter from the City Manager recommending that City Council approve, on first reading, an ordinance to appropriate $i4,500 for right-of-way improvements in the Croatan Beach/Camp Pendleton Area. 4. 13ids a. Letter from the City Manager recommending that City Council approve the low bid of M. E. Wilkins, Inc. in the amount of $579,452, for Contract I for Lake Smith Terrace Phase I (CIP 6-504), and the low bid of Crowder Contracting Company in the amount of $113,700 for Contract II, and authorize the City Manager to enter into the necessary agreements for the implementation of this project. 5. City Code Amendments a. Letter from the City Manager recommending that City Council approve an Ordinance to amend Section 6-5 of the Code of the City of Virginia Beach, Virginia, relating to bicycles, etc., on the boardwalk by add- ing paragraph (3) thereto. G. Consent Agenda (All matters listed under the Consent Agenda are considered to be routine by the 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 itein will be removed from the Consent Agenda and considered separately.) a. Letter from the City Manager recommending that City Council approve an Ordinance ratifying and confirming the creation of the Virginia Beach Arts and Humanities Commission and providing for its composition, terms of members, conducting of business, etc. b. Letter from the City Manager recommending that City Council approve a Resolution amending the Minutes of October 28, 1973, and placing the zoning lines in their proper location on this parcel. (Northeast intersection of Oceana Boulevard and Gunn Hall Drive). C. Letter from the City Manager recommending that City Council approve the Certificates of Public Convenience and Necessity for Diamond and Yellow Cab CompaniIes. Last year,City Council approved a certificate of public convenience and necessity for Mr. James, owner of Inde- pendent Taxi Company. However, since that time, he has not acquired any taxi cabs nor has he conducted any taxi cab business. In view of these circumstances, it is the recommendation of tbe City Manager that Mr. James' appli- cation be denied. d. Letter from the City Manager recommending that City Coun- cil approve the following bingo and/or raffle permits: Bingo Sertoma Club of Virginia Beach Kings Daughters Circles Raffle Holy Family Church H. Planning Items a. Letter from the City Manager transmitting the recommendation of the Planning Commission for approval of the application of The City of Virginia Beach for a change of zoning from B-2 Community-Business District to A-1 Apartment District on a 13.6-acre parcel located south of Virginia Beach Boule- vard, east of Groveland Road (Lynnhaven Borouqh). On April 9, 1979, there was a tie vote on this matter. This matter has been advertised for two consecutive weeks and is brought back before Council for consideration. b. Letter from the City Manager transmitting the recommendation of the Planning Commission for denial of the application of Eric C. and Patricia F. Smith for a change of zoning from R-5 Residential District to 0-1 Office District on a .24-acre parcel located on the south side of Larry Avenue, east of Newtown Road (Bayside Borough). This item was deferred for four weeks on April 9, 1979, at the request of the applicant's attorney. C. Letter from the City Manager transrnitting the recommendation ,,f the Planning Commission for ape)rc)val of the following ordinances @hich were deferred for three weeks on April 16, 1979: 1. An ordinance to amend and reordain Article 2, Section 229 .f the compreliensive zoning ordinance idertaining to home occupation. 2. An Ordinance to amend and reordain Article 4, Section 401 of the Corqprehensive Zoning Ordinance pertaining to home occupation. d. Letter from the City Manager transmitting the recom- mendation of the Planning commission for approval of the application of Raym6nd and Melinda Kauffman for a conditional use permit for a home occupation to manu- facture dutch barns (utility sheds) on a 1.1-acre parcel located on the w6st side of North Landing Road, north of North Landing Bridge (Princess Anne Borough). This item was deferred for three weeks on April 16, 1979. e. Letter from the City Manager transmitting the request of Mr. Grover C. Wright, Jr., attorney for Greenco Corporation, for a two-week deferral of an Ordinance to authorize a temporary encroachment into a portion of the right-of-way of 31st Street for additional amusement facilities and a conditional use permit for a recreational of an outdoor nature on a .2-acre parcel which consists of what is now 31st Street, between Atlantic Avenue and the Oceanfront (Virginia Beach Borough). These items were deferred for four weeks on April 9, 1979. Additional Action Ttems a. Letter from the City Manager recommending that City Council approve an ordinance authorizing certain events conducted on City property to be exempt from the prohibition from working or transacting business on Sunday. b. Letter from the City Manager recommending that City Council approve an Ordinance to authorize a temporary encroachment into a portion of the riqht-of-way of Starfish Road to Lynn- haven rishing Pier. C. Letter from the City Manager recommending that City Council approve an Ordinance to authorize the open Door Chapel to hold 29.63 acres of land in the City of Virginia Beach, Vir- ginia. J. Unfinished Business a. Appointment(s) to Boards/Commissions K. Old Business L. New Business a. Motion to change meeting date and time. The Fourth Monday in May, 1979 is a legal holiday (Memorial Day). M. Adjournment a. Motion to adjourn. Minutes of the Honorable City Council OF THE CITY OF VIRGINIA BEACH, VIRGINIA May 7, 1979 The regular meeting of the Council of the City of Virginia Beach, Virginia, was called to order by Mayor Patrick L. Standing, in the Conference Room, in the Administration Building, on Monday, @lay 7, 1979, at 1:00 p.m. Council Members present: John A. Baum, F. Reid Ervin, George R. Ferrell, Barbara M. Henley, Clarence A. Holland, J. Henry McCoy, Jr., Donald '.4. Merrick, J. Curtis Payne, Roger L. Riggs, and Patrick L. Standing Council Members absent: r,leyera E. Oberndorf INFORMAL SESSION ITEM #13662 Mayor Standing entertained a motion to permit Council to conduct an INFOR@IAL SESSION to be followed by an EXECUTIVE SESSION for the purpose of discussing the following: 1. Discussion or consideration of employment, assignment, appointment, promotion, demotion, salaries, discipline, or resignation of public officers, appointees or employees of any public body. (Personnel Matters) 2. Consultation with legal counsel and briefing by staff members, consultants, or attorneys pertaining to actual or potential litigation, or other legal matters within the jurisdiction of the public body. e I Matters) -L@ On motion by Councilman Ervin, seconded by Councilman Holland, City Council voted to proceed into the EXECUTIVE SESSION following the I@IFORMAL SESSION. Voting: 10-0 Council Members Voting Aye: John A. Baum, F. Reid Ervin, George R. Ferrell, Barbara M. Henley, Clarence A. Holland, J. lienry McCoy, Jr., Donald W. Merrick, J. Curtis Payne, Roger L. Riggs, and Patrick L. Standing Council Members Voting rlay: None Council Members absent: Meyera E. Oberndorf 5 7 7 9 - 2 - VANDELISM - BAY COLONY ITEM #13663 Councilman Merrick distributed pictures to Council showing recent vandalism in the Bay Colony section of Virginia Beach. The vandalism involves the Kellam High School and First Colonial High School students. HOBIE CATS ITEM #13664 Councilman Merrick indicated he received a letter from rlr. Richard Goodwin regarding the danger of hobie cats. Council does have an agreement with liobie Cat boaters, and it was recommended they be notified of the problem. PRINCESS ANNE ROAD ALIGNMENT ITEM #13665 The City Manager introduced Mr. Robert J. Scott, Planning Director, to give the presentation on the Realignment of Princess Anne Road. Mr. Scott indicated that for some time discussions have been held regarding the best possible route for Princess Anne Road to intersect with Independence Boulevard and Lynnhaven Parkway. The existing Princess Anne Road goes down the "Five Mile Stretch" towards the Courthouse. There are t@io alternatives for the future alignment of Princess Anne Road, and Alternative One shows the best possible route. li4hat is being proposed with the project extending from Edwin Drive-consideration can be given to an alignment of the south-bound lane, vihich would not follow the existing alignment of Princess Anne Road. It would be relocated through the Timberlake property, south and west of the existing alignment, behind the lumber mill and joining Princess @nne Road approximately where Sunstream Park is located. This will require a change in the Master Street and Highway Plan. MILITARY LIAISON COMMITTEE ITEM #13666 Mayor Standing gave his report on the Military Liaison Committee, and indicated Vice Mayor McCoy presented his position regarding the Navy Housing. Navy Housing was represented by the Navy and residents, and Doctor E. E. Brickell, Superintendent of Schools, and that matter has been resolved. Colonel Johnson presented matters occurring at Fort Story. Captain Michaels presented a report on the updating ol@ the ACUZE study. Admiral Nicholson spoke on the Southeastern Public Service Authority regarding the Solid Waste Facility, and indicated the Navy was strongly supportive of SPSA's plan. Councilman Holland also was present at the meeting. 5 / 7 / 7 9 - 3 - DESALTING GRANT ITEM #13667 The City Manager indicated that on Thursday, May 3, 1979, the City found good water 1300' deep for desalinzation. As Council is aware, the City needed to have lower content of total disolved solvents than what was found in the first well. In the new well the City found 3500 parts per million, and it is very encouraging for two reasons: 1. Comes within the guidelines for the Desalinazation Grant 2. The lower the total disolved solvents the less expensive it is to process. The Citl\t Manager introduced Mr. Aubrey V. Watts, Director of Public Utilities, who gave Council a brief report on this matter. Mr. Watts indicated the City did find satisfactory TDS at the water producing level, which is basically 875 feet. The City is proceeding with the com- pletion of the well as they have found a high water producing capability in this well. The screens and casings for the well are being set in place today (May 7, 1979), and 180 foot concrete plug is already in place at the bottom of the well. The City will be placing a 10 foot plug above the 855 foot level tomorrow (May 8, 1979) to insure there will be no contamination from above or below the water producing level. They will begin the actual pumping test on Friday, May 11, 1979, and will be pumping for 24 hours at 200 gallons per minute to determine the affect of the pumping on the surrounding wells, the water producing characteristics, and to determine any draw-down that occurs into the nearby well. ROSE HALL ITEM #13668 The City Manager indicated that Rose fiall was surrounded by B-2 zoning, and will be coming before Council on the FORMAL AGENDA for approval for A-1 Apartment District zoning for one particular parcel. The flood plain in the area is not Wetland and there will be no fill in the flood plains. The City Manager recommended the property remain B-2, with the historical zoning, but the parcel in question be zoned A-1 Apartment District (the lowest density in the Apartment District Zoning). 5 / 77 9 - 4 - GASOLINE PURCHASES ITEM #13669 The City Manager indicated an item appeared in the newspaper April 30, 1979, unfortunately, the use of the headlines "Low Bid on Bus Gas Ignored" has put a bad light on the City of Virginia Beach because in the same newspaper article there is major misrepresentation on the part of the State Purchasers Office. Obviously, it has caused some concern in that the City's Purchasing Department has always been known for having good ethical practices in purchasing procedures, and to be criticized without having an adequate expression either to the press or the Council is unfair. Virginia Beach did not ignore the low bidder on gasoline purchase. In September, 1 976, the City did accept lowbids on gasol ine, for not only -3chool Board but al so for all City vehicles. Gulf Oil was the obvious low bidder, 37.7cts per (,'allon; Century Petroleum was 38.65cts per gallon (for regular); Gulf did not bid on unleaded. Thereare other circumstances which are more than just quoted by the Purchasing Agent. At the time the bids were placed the City had 51 underground tanks owned by Century, which the City had never paid for because in the previous bid that was let by Century gas was plentiful and competition was strong among the oil companies. Century gave the City 51 underground tanks and 70 fuel pumps for dispensing the oil, as well as providing all maintenance of the equipment. The City has bought its own tanks; however, the City has not purchased the 51 underground tanks and Century has not charged the City for these, which are valued at approximately $98,000. COAST GUARD STATION ITE-M #13670 Councilman Ervin requested a report on the use of the Coast Guard Station because of stories that are being passed around regarding using it for public restrooms. The City Manager indicated the uses of the Coast Guard Station are still in the preliminary discussion stages; however, if it is used for offices a restroom will have to be placed in there. ITEM #13671 Councilman Ervin indicated he has received complaints from the residents in tlie immediate area of the Charter Boat Fishing Fleet regarding the poor disposal conditions in the area. The City Manager indicated he would have the Health Inspector to check the area. LINE FEE HOOK-UPS ITEle, #13672 Councilman Ervin indicated that new residents in the City of Virginia Beach are upset by the fact that their neighbors have to oay less for sewer hook-up and they pay more, and requested the City Managerp@eparealetter explaining the matter. ITEM #13673 Councilman Ervin asked the City Attorney under the Parliamentary Procedures, in zoning matters, if the vote of Council is a tie vote what does the Chair consider that to mean in terms of action on that item? The City Attorney stated the matter would not be adopted, it would be tabled, and if vested rights have not taken place the matter can be reconsidered viithin a thirty (30) day period. 5 7 7 9 - 5 - FORMAL SESSION ITEM #13674 Monday, May 7 2:15 p.m. Council tlembers present: John A. Baum, F. Reid Ervin, George R. Ferrell, Barbara M. Henley, Clarence A. Holland, J. Henry rIcCoy, Jr., Donald W. Merrick, J. Curtis Payne, Roger L. Riggs, and Patrick L. Standing Council Members absent: Meyera E. Oberndorf INVOCATION was given by the Reverend William F. Summers, DDD, First Presbyterian Church of Virginia Beach. PLEDGE OF ALLEGIANCE (ITEM II-D.1) ITEM #13675 MINIJTES On motion by Councilman Baum, seconded by Councilman Ferrell, City Council voted to APPROVE the following corrections to the Minutes of September 27, 1976; and the Minutes of July 18, 1977: Minutes of September 27, 1976 - One year term of Mrs. Ada Salsbury to the Tidewater Group Home Board should be a two year term, beginning September 27, 1976 and ending September 26, 1978. M,inutes of July 18, 1977 - No term specified should show the reappointment of Mrs. Ada Salsbury for a term of four years, extending her service to September 27, 1982, and further to appoint Mr. J. Douglas Blankenship for a term of four years beginning July 18, 1977 and ending July 17, 1981. The corrections should allow the original two and four year appointments as required by law (Code of Virginia, Section 16.1-316) and, further, will allow Judge Thomas Betz's appointment "to fill the unexpired term of Mr. Blankenship to expire July 17, 1981." Voting: 10-0 Council Members Voting Aye: John A. Baum, F. Reid Ervin, George R. Ferrell, Barbara M. Henley, Clarence A. Holland, J. Henry McCoy, Jr., Donald W. Merrick, J. Curtis Payne, Roger L. Riggs, and Patrick L. Standing Council Members Voting Nay: None 5 7 7 9 6 - Council Members Absent: Meyera E. Oberndorf (ITEM II-D.2.) ITEM #13676 MINUTES On mot ion by Cou nc il man Baum , seconded by Council man Ferrell, City Council voted to APPROVE the minutes of the regular Tneeting of April 23, 1979, as the minutes had previously been distributed to Council for consideration. Voting: 10-0 Council Members Voting Aye: John A. Baum, F. Reid Ervin, George R. Ferrell, Barbara M. Henley, Clarence A. Holland, J. Henry McCoy, Jr., Donald W. Merrick, J. Curtis Payne, Roger L. Riggs, and Patrick L. Standing Council Members Voting Nay: None Council Members Absent: Meyera E. Oberndorf 5 7 7 9 - 7 - (ITEM II-E.1) ITEM #13677 RESOLLITION OF RESPECT On motion by Councilman Payne, seconded by Councilman Riggs, City Council voted to ADOPT the Resolution of Respect for Lieutenant Richard V. "Dickie" Taylor, which was presented to Council by the Davis Corner Volunteer Fire Department and Rescue Squad, Inc. Voting: 10-0 Council Members Voting Aye: John A. Baum, F. Reid Ervin, George R. Ferrell, Barbara M. Henley, Clarence A. Holland, J. Henry McCoy, Jr., Donald W. Merrick, J. Curtis Payne, Roger L. Riggs, and Patrick L. Standing Council Members Voting Nay: None Council Members Absent: Meyera E. Oberndorf 5 7 7 9 - q - DAVIS CORNER VOLUNTEER FUTE DEPARTMENT AND RESCUE SQUAD, INC. Virginia Beach, Virginia "Dedicated to Public Service" Resolution of Respect BE IT RESOLVED that Davis Corner Volunteer Fire Department and Rescue Squad, Inc., in full congress assembled, does hereby pass this resolution of respect for our fallen comrade, LT. RICHARD V. "DICKIE- TAYLOR, a life member of this company. BE IT FUR77-IER RESOLVED, that his badge number thirty-nine [391 be permanently retired and displayed as a further gesture of respect. BE IT FURTHER RESOLVED that a copy of this resolution be layed upon the minutes of this business meeting. BE IT FURTHER RESOLVED thcit a copy of this resolution will be presented to his wife Mrs. Linda Taylor. BE IT FURTHER RESOLVED that a copy of this resolution will be presented to the City Council of Virginia Beach. THIS RESOLUTION dated the 9th day of March, in the year of our Lord, nineteen hundred and seuenty-nine. Chief President 5 7 7 9 - 9 - (ITEM II-E.2) ITEM #13678 RESOLLITION Mayor Standing read the Certificate of Recognition from fovernor John N. Dalton regarding Municipal Clerk's Week, 1979. On motion by Councilman Ferrell, seconded by Councilman Holland, City Council voted to APPROVE the Proclamation proclaiming the Week of May 13 - 19, 1979, as MUNICIPAL CLERK'S WEEK. Voting: 10-0 Council Members Voting Aye: John A. Baum, F. Reid Ervin, George R. Ferrell, Barbara M. Henley, Clarence A. Holland, J. Henry McCoy, Jr., Donald W. Merrick, J. Curtis Payne, Roger L. Riggs, and Patrick L. Standing Council Members Voting Nay: None Council Members Absent: Meyera E. Oberndorf 5 7 7 9 -io- CERT.IF,ICATE of ECOCJNITIOIN By virtue of fhe a fhorify z)esic@l by the Consfifi,ifioll in fhe Governor of the Co i onwe(ilfli of Virgillia, there is hereby officially 1-t,cogilized: MUNICIPAL CLERK'S WELK 1979 OUR MUNICIPAL CLERKS SERVE AS A CENTRAL SOURCE OF INFORMATION AND RECORDS OF MUNICIPAL GOVERNMENT OF VALUE TO THE CITIZEN AND TO THE EFFICIENT OPERATION OF LOCAL AGENCIES, CALLING ATTENTION TO THIS AND TO THEIR OWN PURSUIT OF TECHNICAL KNOWLEDGE AND PROFESSIONAL TRAINING, THE MUNICIPAL CLERKS OF VIRGINIA JOIN THE INTERNATIONAL INSTITUTE OF MUNICIPAL CLERKS IN SETTING ASIDE MAY 13-19 AS MUNICIPAL CLERK'S WEEK, AND I CALL ITS SIGNIFICANCE TO THE ATTENTION OF ALL VIRGINIANS. > Municipat C@k',s Week May 13 - 19, 1979 WHEREAS, The succuz o6 city goveanment @ measuaed in ditect ptopo@on to it'.6 ab@y to meet the nems o6 @ peopze; and, WHEREAS, It iz impo@at to the citizens o6 the City o6 VipLgi@ Beach that the tecotdz o6 it6 goveanment be otdeaty and the op@on o6 the CteAkl,s o66ice be in an o6@iciat mannea; and, WHEREAS, The City Cte/Lk seAve.6 a,6 the centaat zouace o6 knowtedge and te- co4d.6 o6 thi,6 City'A goveaning body, the City Councit. Such ke- co)L@ muzt be Aeadity avaitabze to aU dep@e@ , commu@y g&oupz and individuat citizen,6; and, WHEREAS, The City CteAk und@ke,6 a v@ety o6 administaative, 6inanciat, in6owation and human SeAvicm vitat to an e66ective and,,Lespon- sibf-e govearanent; and-, WHEREAS, The City CZeAk ho-6 emba)Lked upon a pAog4am to imptove the adm@- tAation o6 the o66ice, con6i6te;Lt tjith appticabze tzws and soctnd rnanagement @tice,6 to niote e6@iciej@y and e66ectivety 6cAve the Counc,it and it6 citizen6; and, WHEREAS, The City CteAk ha,6 dedicated aU e66o@ to technicat taaining and p,to6a,sionat education which l@ expakid heA kfiowted_qe and aP-oa heA awoAenm.6 to the needs o6 the peopy-e and th@ goveanmekit appfy- ing att avaitabte 6@ to the 066ice o6 the City CteAk: NOW, THEREFORE, 1, PatLick L. Standing, MayoA o6 the City o6 V@ginia Beach, heAeby )Aoctaim the Week 06 May ThiAteenth thkough May Nbteteen, Nineteen HundAed and Seventy-nine, @ MUNICIPAL CLERK'S WEEK in tecognition o@ the vitat zeAvice,5 peA6o@ed and pzeazant @o,5- phe,ke exhibited thtough the o@tanding dedication o6 thiz City'6 Oi6ice o6 the City CteAk. Dated 7th day o6 May , 1 979. PatAick L. @nding MayoA City 06 ViAgi@t& Beach - 1 2 - (ITEM II-F.l.a.) ITEM #13679 SFCOND READINGS On motion by Vice Mayor McCoy, seconded by Councilman Holland, City Council voted to APPROVE on second reading the ordinance making appropriations for the fiscal year beginning July 1, 1979, and end- ing June 30, 1980, in the sum of One Hundred Seventy Million, Six Hundred Ninety-Six Thousand, Three Hundred Forty-Eight Dollars ($170,696,348) for OPERATIONS and Fifty Million, Thirty Thousand, Four Hundred Ninety-Six Dollars ($50,030,496) in INTERFUND TRANSFERS and regulating the payment of money out of the City treasury. Voti ng : 9 - 1 Council Members Voting Aye: John A. Baum, F. Reid Ervin, Barbara M. Henley, Clarence A. Holland, J. Henry McCoy, Jr., J. Curtis Payne, Roger L. Riggs, and Patrick L. Standing Council Members Voting Nay: George R. Ferrell Council Members Absent: Meyera E. Oberndorf 5/7/79 AN ORDINANCE MAKING APPROPRIATIONS FOR THE FISCAL YEAR BEGINNING JULY 1, 1979 AND ENDING JUNE 30, 1980, IN THE SUM OF ONE HUNDRED SEVENTY MILLION, SIX HUNDRED NINETY-SIX THOUSAND, THREE HUNDRED FORTY-EIGHT DOLLARS ($170,696,348) FOR OPERATIONS AND FIFTY MILLION, THIRTY THOUSAND, FOUR HUNDRED NINETY-SIX DOLLARS ($50,030,496) IN INTERFUND TRANSFERS AND REGULATING THE PAYMENT OF MONEY OUT OF THE CITY TREASURY. WHEREAS, the City Manager has heretofore submitted to the Council an Annual Budget for the City for the fiscal year beginning July 1, 1979, and ending June 30, 1980, and it is necessary to appropriate sufficient funds to cover said budget. NOW, THEREFORE, BE TT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGTNIA BEACH, VIRGINIA: Section 1. That the amounts named aggregating TWO HUNDRED TWENTY MILLION, SEVEN HUNDRED TWENTY-SIX THOUSAND, EIGHT HUNDRED FORTY-FOUR DOLLARS ($220,726,844) consisting of FIFTY MILLTON, THIRTY THOUSAND, FOUR HUNDRED NINETY-SIX DOLLARS ($50,030,496) in interfund transfers and ONE HUNDRED SEVENTY MILLION, SIX HUNDRED NINETY-SIX THOUSAND, THREE HUNDRED FORTY-EIGHT DOLLARS ($170,696,348) for operations or so much thereof as may be necessary as set forth in the Annual Budget for the fiscal year 1979-80, submitted by the City Manager on the date of April 2, 1979 are hereby appropriated, sub- ject to the conditions hereafter set forth, for the year 1979-80, for the use of the several departments and specially designated funds of the City Government, and for the purposes hereafter mentioned, as set forth in said Annual Budget, which is hereby incorporated by reference, for the fiscal year beginning July 1, 1979 and ending June 30, 1980 as follows: 7./ - 14 - Budget Item of Expenditures 1979-1980 GENERAL FUND: Legislative Department: Municipal Council $ 711,659 City Clerk 85,653 Total $ 797,312 Executive Department: City Manager $ 182,361 Public Information Office 174,782 Grants Unit 64,963 Office of Emergency Services 140,843 Office of Emergency Medical Services 231,962 Total $ 794,911 Law Department: City Attorney $ 418,926 Finance Department: Commissioner of the Revenue $ 623,568 Board of Equalization 11,330 City Real Estate Assessor 434,674 Treasurer: Administration 112,858 Operations 359,097 Tax Collections 225,813 Accounting 98,288 Director of Finance: Administration 123,523 Research 83,112 Budget 107,371 Accounting 302,558 Payroll 74,739 Business License 88,535 Risk Management 95,780 Independent Auditing 40,000 Purchasing 125,580 Employees' Retirement and Benefits 5,538,500 Total $ 8,445,326 Personnel Department: Administration $ 55,240 Employee Relations 104,983 Testing and Selection 78,140 Wage and Salary 98,660 Total $ 337,023 Judicial Department: Circuit Court $ 223,300 General District Court 156,735 5 171 7 9 1 5 - Budget Item of Expenditures 1979-1980 Judicial Department: (concluded) Juvenile and Domestic Relations Court 62,789 Commitment Hearings 7,300 Commonwealth's Attorney 399,396 Commonwealth's Attorney-Social Services Fraud 39,625 High Constable 164,864 Clerk of the Circuit Court 139,592 Justices of the Peace 5,682 Sheriff's Office 168,875 Correctional Operations: Court Support Services 109,966 Treatment 253,383 Custodial 916,598 Juvenile Probation: Management and Support 230,165 Intake Unit 139,819 Diversion Unit 114,668 Field Units 273,648 Total $ 3,406,405 Health Department: Preventive Medicine $ 586,709 City Physician 141,097 Total $ 727,806 Social Services Department: Director of Social Services $ 3,093,930 Public Assistance 1,410,900 Hospitalization 240,000 Total $ 4,744,830 Department of Police: Administration: Chief's Staff $ 290,667 Personnel and Training 168,190 Services Division: Police Records 315,651 Warrants, Inventory and Evidence Unit 190,787 Police Identification 261,965 Uniform Division: Auxiliary Police 22,043 Patrol and Adminstrative Support 3,930,597 SPOT 1,157,214 Communications Division 1,049,787 Investigative Division 1,777,972 Animal Control 375,461 Medical Examiner 4,500 Total $ 9,544,834 5 7 7 9 1 6 - Budget Item of Expenditure 1979-1980 Department of Public Works: Administration: Director's Staff $ 139,229 Real Estate Office 179,742 Highway Division: Administration 216,525 Inspections 152,102 Street Construction 915,842 Street Maintenance 2,754,619 Drainage Maintenance 811,359 Bridge Maintenance 338,670 Engineering Division: Administration 267,150 Surveying and Mapping 552,019 Drafting 138,915 Waterfront Operations/Inspections 69,457 Special Projects 60,950 Building Construction 61,592 Inspections 232,195 Traffic Engineering Division: Design and Administration 694,100 Traffic Operations 1,144,408 Solid Waste Division: Solid Waste Administration 89,700 Refuse Disposal 587,068 Refuse Collection 4,296,344 Sanitation Inspections 153,552 Back Bay Salt Water Project 35,920 Erosion Commission 1,035,120 Total $ 14,926,578 Parks and Recreation: Director of Parks and Recreation $ 159,635 Parks and Maintenance: Administration 115,015 Construction and Maintenance 1,161,746 Parks and Beaches 696,492 Recreation: Virginia Beach Recreation Center (Kempsville) 477,741 Bow Creek Recreation Center 133,328 Administration 121,666 Adult Activities 297,207 Youth Activities 387,474 Athletics 256,664 Total $ 3,806,968 Library Department: Administration $ 184,638 Branch Libraries: Great Neck Branch Library 127,763 Bayside Branch Library 147,729 Oceanfront Branch Library 123,128 5 7 7 9 1 7 - Budget Item of Expenditure 1979-1980 Library Department: (concluded) Branch Libraries: (concluded) Kempsville Branch Library $ 129,197 Windsor Woods Branch Library 141,896 Reference Services 243,129 Extension Services 97,396 Special Services 70,524 Technical Services 175,381 Total $ 1,440,781 Planning Department: Management and Support: Administration $ 165,657 Informational Management and Statistical Support 67,920 Drafting 60,719 Comprehensive Planning 105,542 Operations 98,434 Total $ 498,272 Department of Agriculture: Administration $ 57,405 VPI Extension 125,441 Environmental Services 54,378 Total $ 237,224 Department of Economic Development: Administration $ 106,872 Civic Center 136,669 Tourist Development 1,073,042 Industrial Development 270,463 Convention Development 126,443 Total $ 1,713,489 Department of General Services: Administration: Director of General Services $ 80,214 Employee Safety 55,983 Building Maintenance: Management and Support 796,197 Electrical 188,842 Heat and Air Conditioning 312,360 General Maintenance 742,053 Custodial and Security 874,514 Landscape Division: Superintendent of Landscape Services 276,665 Grounds Maintenance 760,070 Beautification 751,447 Mail Distribution 76,859 Total $ 4,915,204 5 7 7 9 Budget Item of Expenditure 1979-1980 Department of Mental Health: (concluded) Mental Retardation/Developmental Disability: Administration/Residential Services 144,281 Adult Activity Center 160,004 Comprehensive Substance Abuse: Other Drug Services 316,596 Alcohol Services 67,482 Alcohol Safety Action Program 78,983 Total $ 1,765,928 Transfer to Other Funds: $ 46,835,413 Reserve for Contingencies: Regular $ 248,325 Salary Adjustments 1,767,690 TOTAL GENERAL FUND $ 116,485,584 WATER AND SEWER FUND: Department of Public Utilities: Director's Office $ 137,354 Engineering: Engineering Staff 369,978 Drafting 122,300 Inspections 274,187 Surveying 117,978 Water Production/Resources 45,601 Source of Supply 4,000,000 Water Operations: Water Administration 201,084 Water Distribution 1,308,764 Water Pump Stations 287,542 Waste Water Operations: Administration 114,875 Sewer Collection 998,750 Sewer Pump Stations 1,361,715 Customer Services: Administration and Accounting 205,139 Billing and Collecting 424,268 Customer Relations 242,345 Meter Repair and Installation 666,289 Total $ 10,878,169 Revenue Bond Debt Service: $ 3,658,077 Transfer to Other Funds: $ 3,141,083 Reserve for Contingencies: Regular $ 150,000 Salary Adjustments 90,304 TOTAL WATER AND SEWER FUND $ 17,917,633 5 7 7 9 Budget Item of Expenditure 1979-1980 SCHOOL OPERATING FUND: Department of Education: Administration $ 918,674 Research, Planning and Development 119,211 Instruction 43,987,168 Other Instructional Costs 6,694,396 Attendance and Health 913,292 Pupil Transportation 3,385,828 Operation of School Plant 4,686,579 Maintenance of School Plant 2,901,661 Fixed Charges 6,477,522 Summer School 305,909 General Adult Education 118,358 Basic Adult Education 167,839 Vocational Adult Education 155,588 Capital Outlay 250,455 TOTAL EDUCATION $ 71,082,480 LAW LIBRARY FUND: Law Library $ 20,568 PENDLETON CHILD SERVICE CENTER FUND: Pendleton Child Service Center $ 352,191 BOARDWALK TRAINS ENTERPRISE FUND: Boardwalk Trains $ 36,810 Reserve for Contingencies 5,000 TOTAL BOARDWALK TRAINS ENTERPRISE FUND $ 41,810 GOLF COURSES ENTERPRISE FUND: Red Wing Golf Course $ 273,930 Bow Creek Golf Course 185,020 Reserve for Contingencies 7,500 TOTAL GOLF COURSES ENTERPRISE FUND $ 466,450 OWL CREEK TENNIS CENTER ENTERPRISE FUND: Owl Creek Municipal Tennis Center $ 15,835 Reserve for Contingencies 3,000 TOTAL OWL CREEK TENNIS CENTER ENTERPRISE FUND $ 18,835 5 7 7 9 2 0 - Budget Item of Expenditure 1979-1980 Boards and Commissions: General Registrar $ 144,984 Zoning Board of Appeals 9,136 Arts and Humanities Commission 33,526 Mass Transit Operations 275,000 Wetlands Board of Virginia Beach 4,300 Mosquito Control Commission 606,263 Total $ 1,073,209 Insurance: Insurance $ 762,000 Fire Department: Administration $ 176,230 Fire Prevention 374,882 Fire Suppression 3,606,100 Training 146,820 Forestry 6,450 Total $ 4,310,482 Department of Data Processing: Director's Office $ 163,616 Operations: Technical Support 179,300 Computer Operations 953,818 Data Entry 126,969 Quality Control 53,817 Central Files 115,778 Systems and Programming: Analysis 195,963 Design 149,667 Programming 179,968 Total $ 2,118,896 Department of Permits and Inspections: Administration $ 174,036 Consumer Protection 117,971 Housing Code Enforcement 84,226 Building Inspections 361,056 Zoning Code Enforcement 110,463 Total $ 847,752 Department of Mental Health: Board Administration $ 110,645 Comprehensive Mental Health: Program Clinical Administration 199,075 Consultation and Education 96,282 Outpatient Services 152,247 Adult Day Treatment 170,143 Emergency Services 137,713 Children's Services 132,477 5 7 7 9 2 1 - Budget Item of Expenditure 1979-1980 FARMERS' PRODUCE MARKET ENTERPRISE FUND: Farmers' Produce Market $ 63,446 Reserve for Contingencies 2,554 TOTAL FARMERS' MARKET ENTERPRISE FUND $ 66,000 VIRGINIA BEACH SPECIAL REVENUE FUND: Transfer to Other Funds 54,000 SIX BOROUGH SCHOOL DEBT FUND: Debt Service $ 332,151 BAYSIDE AND KEMPSVILLE BOROUGHS SCHOOL DEBT FUND: Debt Service 10,276 GENERAL DEBT FUND: Debt Ser-vice $ 13,624,866 VIRGINIA BEACH BOROUGH GENERAL DEBT FUND: Debt Service 54,000 GENERAL CAPITAL PROJEC@S FUND: Transmission and Distribution $ 200,000 TOTAL BUDGET $ 220,726,844 Less: Interfund Transfers 50,030,496 NET BUDGET $ 170,696,348 5 7 7 9 - 2 2 - Section 2. Subject to the provisions of Chapter 2, Article III, of the Virginia Beach City Code, the salaries and wages set forth in detail in said Annual Budget, are hereby authorized and fixed as the maximum compensation to be paid for services rendered. The total of positions, shall be the maximum number of positions authorized for the various departments of the City during said fiscal year except changes or additions authorized by the Council and as hereinafter provided. The City Manager may from time to time increase or decrease the number of temporary positions provided the aggregate amount expended for such services shall not exceed the respective appropriations made therefor. The City Manager is authorized to make such rearrangements of positions within and between bureaus, divisions, and departments named herein, as may best meet the uses and interests of the City. Section 3. All collections of delinquent City taxes shall be credited to the General Fund of the City by the Treasurer. Section 4. All collections of local taxes levied shall be credited to the General Fund of the City. Transfers shall be made from the General Fund to the respective specially designated funds for which a levy is made in the respective amounts levied for each such specially designated fund. Section 5. All tax abatements and tax supplements dated subsequent to June 1, 1980 for the FY 1980 tax year shall accrue to the General Fund of the City. Section 6. All balances of the appropriations payable out of each fund of the City Treasury unencumbered at the close of business on the thirtieth (30th) day of June, 1980, except, as otherwise provided for, are hereby 5 7 7 9 - 2 3 - declared to be lapsed into the surplus of the respective funds, except School Operating Fund which shall lapse into the General Fund Surplus, and shall be used for the payment of the appropriations which may be made in the appropriation ordinance for the fiscal year beginning July 1, 1980. Section 7. No department or agency receiving appropriations under the provisions of this Ordinance shall exceed the amount of its or his appro- priations except with consent and approval of the City Council first being obtained, but it is expressly provided that the restrictions with respect to the expenditure of the funds appropriated shall apply only to the totals for each department or agency included in this Ordinance. The City @nager is hereby authorized to approve transfers for appropriations within any department or between departments in an amount not to exceed $10,000 in any single transaction, and further, he is authorized to approve transfers and expenditures from the Reserve for Contingencies in an amount not to exceed $10,000 in any single transaction. The City Manager may limit expenditures to classes of appropriations as set forth in the budget document. In addition, the City Manager may transfer appropriations from Reserve for Contingencies, as necessary, for across-the-board salary increases approved by City Council. Section 8. Nothing in this section shall be construed as authorizing any reduction to be made in the amount appropriated in this Ordinance for the payment of interest or bonds on the bonded debt of the City Government or the former political subdivisions of Virginia Beach and Princess Anne County. 5 7 7 9 - 2 4 - Section 9. Allowances out of any of the appropriations made in this Ordinance by any or all of the City departments, bureaus or agencies, to any of their officers and employees for expenses on account of the use by such officers and employees of their personal automobiles in the discharge of their official duties shall not exceed fifteen cents (15cts) per mile of actual travel. Section 10. All traveling expense accounts shall be submitted on forms approved by the Director of Finance and according to regulations approved by the City Council. Each account shall show the dates expenses were incurred or paid; number of miles traveled; method of travel; hotel expenses, meals and incidental expenses. The Director of Finance is specifically directed Ito withhold the issuance of checks in payment of expense accounts submitted for "lump-sum" amounts, except in the case of Council Members and employees of the School Board. Section 11. That this Ordinance shall be in effect from and after the date of its adoption. Section 12. That if any part or parts, section or sections, sentences, clause or phrase of this Ordinance is for any reason declared to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portions of this Ordinance. FIRST READING: April 23, 1979 SECOND READING:-May 7, 1979 Adopted by the Council of the City of Virginia Beach, Virginia, on the 7th_ day of May 1979. 5/7/7q - 2 5 - (ITEM II-F.I.b.) ITEM #13680 On motion by Councilman Payne, seconded by Councilman Baum, City Council voted to APPROVE on second reading the ordinance establish- ing the tax levy on real estate for tax fiscal year 1980. Voting: 10-0 Council Members Voting Aye: John A. Baum, F. Reid Ervin, George R. Ferrell, Barbara M. Henley, Clarence A. Holland, J. Henry McCoy, Jr., Donald W. Merrick, J. Curtis Payne, Roger L. Riggs and Patrick L. Standinq Council Members Voting Nay: None Council Members Absent: Meyera E. Oberndorf 5/7/79 2 6 - AN ORDINANCE ESTABLISHING THE TAX LEVY ON REAL ESTATE FOR TAX FISCAL YEAR 1980 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: Section 1. AMOUNT OF LEVY ON REAL ESTATE. There shall be levied and collected for fiscal year 1980 taxes for general purposes on all real estate, not exempt from taxation and not other- wise provided for in this Ordinance, on each one hundred dollars ($100) of assessed valuation thereof, based on the following rates: General Six Borough Total Rate Borough Government School Debt FY 1980 Bayside $ .73 $ .01 $ .74 Blackwater .73 .01 .74 Kempsville .73 .01 .74 Lynnhaven .73 .01 .74 Princess Anne .73 .01 .74 Pungo .73 .01 .74 Virginia Beach .73 - .73 The real property tax rates which have been prescribed in this section shall be applied on the basis of one hundred percentum of the fair market value of such real property except for public service real property which shall be on the basis as provided in Section 58-512.1 of the Code of Virginia, as amended. 5 7 7 9 - 2 7 - Section 2. AMOUNT OF LEVY ON UNEQUALIZED PUBLIC SERVICE REAL ESTATE AS PROVIDED FOR IN SECTION 58-512.1 OF THE CODE OF VIRGINIA (1950), AS AMENDED. There shall be levied and collected for general purposes for fiscal year 1980 taxes on all Public Service Real Property, which has not been equalized as provided for in Section 58-512.1, of the Code of Virginia (1950), as amended, on each one hundred dollars ($100) of assessed valuation thereof based on the following rates in accordance with Section 58.514.2 of the Code of Virginia (1950), as amended: General Six Borough Total Rate Borough Government School Debt FY 1980 Bayside $ 1.83 $ .03 $ 1.86 Blackwater 1.83 .03 1.86 Kempsville 1.83 .03 1.86 Lynnhaven 1.83 .03 1.86 Princess Anne 1.83 .03 1.86 Pungo 1.83 .03 1.86 Virginia Beach 1.83 - 1.83 The real property tax rates imposed in this section shall be applied on the basis of forty percentum of fair market value of such real property. Section 3. AMOUNT OF LEVY ON "CERTIFIED POLLUTION CONTROL EQUIPMENT AND FACILITIES" CLASSIFIED AS REAL ESTATE. There shall be levied and collected for general purposes for fiscal year 1980 taxes on all real estate certified by the Commonwealth of Virginia as "Pollution Control Equipment and Facilities" not exempt from taxation, on each one hundred dollars ($100) of assessed valuation thereof, based on the following rates: 5 7 7 9 - 2 8 - General Six Borough Total Rate Borough Government School Debt FY 1980 Bayside $ .73 $ .01 $ .74 Blackwater .73 .01 .74 Kempsville .73 .01 .74 Lynnhaven .73 .01 .74 Princess Anne .73 .01 .74 Pungo .73 .01 .74 Virginia Beach .73 - .73 The real property tax rates imposed in this section shall be applied on the basis of one hundred percentum of fair market value of such real property. Section 4. CONSTITUTIONALITY. That if any part or parts, section or sections, sentences, clause or phrase of this Ordinance is for any reason declared to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this Ordinance. Section 5. EFFECTIVE DATE. This Ordinance shall be in effect from and after the date of its adoption. FIRST READING: April 23, 1979 SECOND READING: tiay 7, 1979 Adopted by the Council of the City of Virginia Beach, Virginia, on the 7 day of May 1979 5 7 7 9 - 2 9- (ITEM II-F.l.c.) ITEM #13681 On motion by Vice Mayor McCoy, seconded by Councilman Holland, City Council voted to APPROVE on second reading the ordinance establish- ing the tax levy on personal property and machinery and tools for the calendar year 1980. Voting: 10-0 Council Members Voting Aye: John A. Baum, F. Reid Ervin, George R. Ferrell, Barbara M. Henley, Clarence A. Holland, J. Henry McCoy, Jr., Donald W. Merrick, J. Curtis Payne, Roger L. Riggs, and Patrick L. Standing Council Members Voting Nay: None Council Members Absent: Meyera E. Oberndorf 5 7 7 9 - 3 0 - AN ORDINANCE ESTABLISHING THE TAX LEVY ON PERSONAL PROPERTY AND MACHINERY AND TOOLS FOR THE CALENDAR YEAR 1980. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: Section 1. AMOUNT OF LEVY ON TANGIBLE PERSONAL PROPERTY. There shall be levied and collected for general purposes for the 1980 calendar year taxes on all tangible personal property, not exempt from taxa- tion and not otherwise provided for in this Ordinance, at the rate of six dollars ($6) on each one hunded dollars ($100) of assessed valuation thereof. The rate imposed by this section shall be applied on the basis of 45% of the fair market value of such personal property. Section 2. AMOUNT OF LEVY ON CERTAIN VEHICLES CLASSIFIED AS PERSONAL PROPERTY USED AS MOBILE HOMES OR OFFICES. There shall be levied and collected for general purposes for the calen- dar year 1980 taxes on all vehicles without motor power as defined in Section 36-71 of the Code of Virginia (1950), as amended, used or designated to be used as mobile homes or offices or for other means of habitation by any person, on each one hundred dollars ($100) of assessed valuation thereof, based on the following tax rates: 5 7 7 9 3 1 - Borough Total Rate 1980 Bayside $ .74 Blackwater .74 Kempsville .74 Lynnhaven .74 Princess Anne .74 Pungo .74 Virginia Beach .73 The personal property rates which have been prescribed in this section shall be applied on the basis of one hundred percentum of the fair market value of such personal property. Section 3. AMOUNT OF LEVY ON ALL BOATS OR WATERCRAFT UNDER FIVE TONS BURTHEN USED FOR BUSINESS OR PLEASURE. There shall be levied and collected for the calendar year 1980 for general purposes taxes on all boats or watercraft under five tons burthen used for business or pleasure, at the rate of six dollars ($6) on each one hundred dollars ($100) of assessed valuation thereof. The rate imposed by this section shall be on the basis of forty-five percentum of the fair market value of such personal property. 7 7 9 -3 2- Section 4. AMOUNT OF LEVY ON "CERTIFIED POLLUTION CONTROL EQUIPMENT AND FACILITIES" CLASSIFIED AS TANGIBLE PERSONAL PROPERTY. There shall be levied and collected for the calendar year 1980 for general purposes taxes on all tangible personal property certified by the Commonwealth of Virginia as "Pollution Control Equipment and Facilities" not exempt from taxation, at the rate of six dollars ($6) on each one hundred dollars ($100) of assessed valuation thereof. The rate imposed by this sec- tion shall be applied on the basis of 45% of the fair market value of such personal property. Section 5. AMOUNT OF LEVY ON FARM MACHINERY AND IMPLEMENTS, FARM TOOLS, AND FARM LIVESTOCK, INCLUDING ALL HORSES, POULTRY, AND GPAINS AND FEEDS USED FOR THE NURTURE OF FARM LIVESTOCK AND POULTRY. There shall be levied and collected for general purposes for the 1980 calendar year, taxes on all farm machinery and implements, farm tools, and farm livestock, including all horses, poultry, and grains and feeds used for the nurture of farm livestock and poultry, not exempt from taxation, at the rate of one dollar ($I) on each one hundred dollars ($100) of assessed valuation thereof. The rate imposed by this section shall be applied on the basis of 45% of the fair market value of such personal property. Section 6. AMOUNT OF LEVY ON MACHINERY AND TOOLS. There shall be levied and collected for the calendar year 1980 for general purposes taxes on machinery and tools, not exempt from taxation, at the rate of one dollar ($l) on each one hundred dollars ($100) of assessed valuation thereof. The tax imposed by this section shall be applied on the basis of 45% of the fair market value of such machinery and tools. 5 7 7 9 - 3 3 - Section 7. CONSTITUTIONALITY. That if any part or parts, section or sections, sentences, clause or phrase of this ordinance is for any reason declared to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portions of this ordinance. Section 8. EFFECTIVE DATE. This ordinance shall be in effect January 1, 1980. FIRST READING: April 23, 1979 SECOND READING: Ma.y 7, 1979 Adopted by the Council of the City of Virginia Beach, Virginia, on the 7th day of May 1979 5 7 7 9 - 3 4 - (ITEM II-F.l.d.) ITEM #13632 AN ORDINANCE TO AMEND AND REORDAIN CHAPTER 21 OF THE CODE OF THE CITY OF VIRGINIA BEACH, VIRGINIA, RELATING TO MOSQUITO CONTROL DISTRTCTS BE IT ORDAINED BY THE COUNCIL OF THE CTTY OF VIRGINIA BEACH, VIRGINIA. ARTICLE 1. IN GENERAL. Section 21-1. Annual special tax levy. This section is hereby repealed. Section 21-2. Mosquito control commissions. Each mosquito control district provided for in sections 21-3, 21-4 and 21-5 shall have, as provided by state law, a mosquito control commission of three members, one of whom shall be the state fiealth commissioner or such deputy as he may from time to time designate. The term of commission members, other than the state health commissioner or his deputy, shall be for four years each and such members shall continue to serve after the expiration of their terms until their successors have been duly appointed and qualified. Vacancies shall be filled by the City Council. Section 21-3. Kempsville - Bayside Mosquito Control District. The Kempsville - Bayside Mosquito Control District shall include all of the area within the Boroughs of Bayside and Kempsville. Section 21-4. Virginia Beach - Lynnhaven Mosquito Control District. The Virginia Beach - Lynnhaven Mosquito Control District shall include all of the area within the Boroughs of Virginia Beach and Lynnhaven. Section 21-5. Princess Anne - Pungo - Blackwater Mosquito Control District. .The Princess An e - P@n l@a kwate@@ trict shall include all of the area within the Boroughs of Princess Anne, Pungo and Blackwater. Section 21-6. Tax Rates. This section is hereby repealed. @./7 /79 - 3 5 - FIRST READING: April 23, 1979 SECOND READING: -r4ay-7,--1979 This ordinance sball be effective July 1, 1979. Adopted by the Council of the City of Virginia Beach on the 7th day of May 1979. Note: For state law as to Mosquito Control Districts see Code of Virginia, Sections 32-379 to 32-387. For Charter provisions as to power of City with reference to grounds subject to be covered by stagnant waters, see Code of Virginia, Section 15.1-867, adopted by Charter Section 2.01. JDB:er 4-11-79 On motion by Councilman Riggs, seconded by Councilman Payne, City Council voted to APPROVE on second reading the above ordinance to amend and reordain Chapter 21 of the Code of the City of Virginia Beach, Virginia, relating to Mosquito Control Districts. Voting: 10-0 Council Members Voting Aye: Jo,hn A. Baum, F. Reid Ervin, George R. Ferrell, Barbara M. Henley, Clarence A. Holland, J. Henr\, McCoy, Jr., Donald W. Merrick, J. Curtis Payne, Roger L. Riggs, and Patrick L. Standing Council Plembers Voting Nay: None Council Members absent: Meyera E. Oberndorf 5 7 7 9 3 6 - (ITEM II-F.l.e.) ITEM #13683 On motion by Councilman Holland, seconded by Vice Mayor McCoy, City Council voted to APPROVE on second reading the ordinance appropriat- ing Five Million, Two Hundred Thousand Dollars ($5,200,000) for various schools, highway and engineering buildings, and parks and recreation projects (Revenue Sharing Allocations). Voting-. 10-0 Council Members Voting Aye: John A. Baum, F. Reid Ervin, George R. Ferrell, Barbara M. Henley, Clarence A. Holland, J. Henry McCoy, Jr., Donald W. Merrick, J. Curtis Payne, Roger L. Riggs, and Patrick L. Standing Council Members Voting Nay: None Council Members Absent: Meyera E. Oberndorf 5 7 7 9 -11 - AN ORDINANCE APPROPRIATING FIVE MILLION, TWO HUNDRED TROUSAND DOLLARS ($5,200,000) FOR VARIOUS SCHOOLS, HIGHWAY AND ENGINEERTNG BUILIDNGS, AND PARKS AND RECREATION PROJECTS (REVENUE SHARING ALLOCATIONS) WH @ AS, the City Council is interested, due to continued growth, in providing needed Schools, Highway and Engineering, Buildings, and Parks and Recreation capital projects, and WHEREAS, IT IS ANTICIPATED THAT THE City will receive from Federal Revenue Sharing Funds $5,200,000 for the Ilth entitlement period, NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That funds to be made available under the Revenue Sharing Program (State and Local Fiscal Assistance Act of 1973 amended) for the periods October 1, 1979 through September 30, 1980 be appropriated as follows: SCHOOLS $ 1,731,291 To include: Green Run High School and the Career Development Center ENGINEERING AND HIGHWAYS 2,244,898 To include: 19th Street Improvements, Independence Boulevard-Phase I, Kempsville Road-Phase 1, Lynnhaven Parkway, Lynnhaven Parkway-Phase TT, Lake Pembroke Spillway, North Witchduck Road, Nawney's Creek Bridge Replacement, Princess Anne Road-Phase 1, and Pleasure House Road-Phase 1. BUILDINGS 983,811 To include: City Garage Expansion, Old Coast Guard Station Renovation, and Fire Station- Kempsville. PARKS AND RECREATION 240,000 To include: Mt. Trashmore Parking, Level Green Park, Scarborough Square Park, Senior Center-Pungo, Woodstock Park. TOTAL BUDGET $ 5,200,000 First Reading: April 23, 1979 Second Reading: May 7, 1979 Adopted by the Council of the City of Virginia Beach, Virginia on the 7 day of @iay , 1979. - 3 8 - (ITEM II-F.I.f.) ITEM #13684 On motion by Councilman Riggs, seconded by Councilman Holland, City Council voted to APPROVE on second reading the ordinance to accept a grant totaling $139,214 from the Department of Health, Education and Welfare and to appropriate these funds. Voting: 10-0 Council Members Voting Aye: John A. Baum, F. Reid Ervin, George R. Ferrell, Barbara M. Henley, Clarence A. Holland, J. Henry McCoy, Jr., Donald W. Merrick, J. Curtis Payne, Roger L. Riggs, and Patrick L. Standing Council Members Voting Nay: None Council Members Absent: Meyera E. Oberndorf 5 7 7 9 - 3 9 - AN ORDINANCE TO ACCEPT A GRANT TOTALLING $139,214 FRO14 THE DEPART- MENT OF HEALTH, EDUCATION, AND WEL- FARE AND TO APPROPRIATE THESE FUNDS WHEREAS, the City of Virginia Beach wishes to supplement current services provided by the Virginia Beach Department of Social Services to abused and neglected children; and WHEREAS, the Department of Health, Education, and Welfare (HEW) has approved necessary funding to continue the Child Protective Services Program. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That an award from HEW be accepted and appropriated for the following purpose: Estimated Revenue Total From Other Agencies Appropriations Child Protective Services $139_214 $139,214 That the appropriations will be financed by $139,214 estimated revenue from HEW. That a total of four personnel positions is hereby authorized for the duration of the grant, to be paid from the grant, with classes of employees to be determined by the City Manager. FIRST READING: April 2,1, lq7g SECOND READING: May 7. 1979 Adopted by the Council of the City of Virginia Beach on the 7th day of May 1979. 5 7 7 9 - 4 0 - (ITEM II-F.l.g.) ITEM #13685 On motion by Councilman Payne, seconded by Councilman Holland, City Council voted to APPROVE on second reading the ordinance to accept grants totaling $71,732 from the Division of Justice and Crime Prevention and to appropriate these funds. Voting: 10-0 Council Members Voting Aye: John A. Baum, F. Reid Ervin, George R. Ferrell, Barbara M. Henley, Clarence A. Holland, J. Henry McCoy, Jr., Donald W. Merrick, J. Curtis Payne, Roger L. Riggs, and Patrick L. Standing Council Members Voting Nay: None Council Members Absent: Meyera E. Oberndorf 5/7/79 - 4 1 - AN ORDINANCE TO ACCEPT GRANTS TOTALLING $71,732 FROM THE DIVISION OF JUSTICE AND CRIME PREVENTION AND TO APPROPRIATE THESE FTINDS WHEREAS, the Attorney for the Commonwealth desires to provide for improved administrative control and direction and for intensive administrative support to the Major Violator Unit, and WHEREAS, the Department of Police desires to better educate the public as to their role in crime prevention, and WHEREAS, applications for third year funding have been made for federal grants to accomplish these objectives and the Division of Justice and Crime Prevention (DJCP) has awarded the City grants to continue the Office Manager Program in the Commonwealth's Attorney's office and to continue the Police/Community Relations Program. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the City Manager is hereby authorized to accept the grants for the City, and funds are hereby appropriated for the follow- ing purposes: Estimated Revenue Local Total From Other Agencies Match Appropriations Commonwealth's Attorney's Office Manager $ 45,344 $ 2,388 $ 47,732 Police/Community Relations 22,800 1,200 24,000 Total $ 68,144 $ 3,588 $ 71,732 BE IT FI.IRTHER ORDAINED that the appropriations will be financed by $68,144 estimated revenue from the DJCP, and a local match of $3,588 to be transferred from Unappropriated Fund Balance, and That a total of three personnel positions for the Office Manager Program is hereby authorized for the duration of the grant, to be paid from the grant, with classes of employees to be determined by the City Manager. FIRST READING: -April 23, 1979 SECOND READING: -May.7, 1979 Adopted by the Council of the City of Virginia Beach on the 7th day of May, 1979. - 4 2 - (ITEM. II-F.l.h.) ITEM #13686 AN ORDINANCE AUTHORIZING THE ISSUANCE OF PUBLIC IMPROVEMENT BONDS OF THE CITY OF VIRGINIA BEACH, VIRGINIA, IN THE MAXIMUM AMOUNT OF $16,800,000 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINTA: 1. It is hereby determined to be necessary and expedient for the City of Virginia Beach to construct and improve various public facilities and improvements, all of which will promote the development and public welfare of the City, and to borrow money for such purposes and issue the City's General Obligation Bonds therefor. 2. Pursuant to the authority of the Charter of the City of Virginia Beach (Chapter 147, Acts of Assembly of 1962, as amended) and the Public Finance Act, as amended, there are hereby authorized to be issued Public improvement Bonds of the City of Virginia Beach in the maximum amount of Sixteen Million Eight Hundred Thousand Dollars ($16,800,000), to provide funds, together with other funds that may be available, for the following purposes: Planning, site acquisition and improvements, construction, enlargements, renovation and equipping of school facilities $ 5,085,959 Improvements and extensions to streets and highways, including right-of-way acquisition 1,868,681 Construction and improvements of surface drainage facilities and dredging 2 1 9, 8 9 2 Planning, site acquisition and improvements, construction, enlargements, renovation and equipping of municipal buildings, including arts and conference center, refuse facility central heating plant, city garage Coast Guard station and operations building 8,636,396 Development of new parks, improvements at existing parks and renovation of community center 989,072 Total $16,800,000 Any amounts not needed for any of such purposes may be used for any other of such purposes. 4 3 - 2 Any amounts not needed for any of such purposes may be used for any other of such purposes. 3. The bonds shall bear such date or dates, mature at such time or times not exceeding forty years from their dates, bear interest at such rate or rates not exceeding the maximum rate permitted by law at the time the bonds are sold, be in such denominations and form, be executed in such manner and be sold at such time or times and in such manner, including the sale of the same as one or more separate issues or in combination with the sale of general obligation bonds heretofore or hereafter authorized for similar or other purposes, as the Council shall hereafter provide by appropriate resolution or resolutions. 4. The bonds shall be general obligations of the City of Virginia Beach for the payment of principal of and interest on which its full faith and credit shall be irrevocably pledged. 5. This ordinance shall take effect immediately. Approved this day of May, 1979. By Mayor On motion by Vice Mayor McCoy, seconded by Councilman Holland, City Council voted to APPROVE on second reading the above ordinance authorizing the issuance and sale of Public Improvement Bonds of the City of Virginia Beach, Virginia, in the maximum amount of $16,800,000. Voting: 10-0 Council Members Voting Aye: John A. Baum, F. Reid Ervin, George R. Ferrell, Barbara M. Henley, Clarence A. Holland, J. Henry f'ccoy, Jr., Donald W. Merrick, J. Curtis Payne, Roger L. Riggs, and Patrick L. Standing Council Members Voting Nay: None Council Members absent: Meyera E. Oberndorf 5/ 77 9 - 44 - (ITEM II-F.2.a.) ITEM #13687 On motion by Councilman Riggs, seconded by Councilman Holland, City Council voted to APPROVE the Resolution authorizing the issuance and sale of $16,800,000 Public Improvement Bonds, Series of 1979, of the City of Virginia Beach, Virginia, heretofore authorized, and provid- ing for the form, details and payment thereof. Voting: 10-0 Council Members Voting Aye: John A. Baum, F. Reid Ervin, George R. Ferrell, Barbara M. Henley, Clarence A. Holland, J. Henry McCoy, Jr., Donald W. Merrick, J. Curtis Payne, Roger L. Riggs, and Patrick L. Standing Council Members Voting Nay: None Council Members Absent: Meyera E. Oberndorf 57 7 9 - 4 5 - At a regular meeting of the Council of the City of Virginia Beach, Virginia, held on the 7th day of May, 1979, at which the following members were present and absent: PRESEiNT: Councilman John A. Baum Mayor Patrick L. Standing Councilman F. Reid Ervin Councilman George R. Ferrell Councilwoman Barbara M. Henley Councilman Clarence A. !Iolland Vice Mayor J. Henry McCoy, Jr. Councilman Donald W. Merrick Councilman J. Curtis Payne Councilman Roger L. Riggs ABSENT: Councilwoman Meyera E. Oberndorf the following resolution was adopted by the affirmative roll call vote of at least two-thirds of the members of the Council, the ayes and nays being recorded in the minutes of the meeting as shown below: MEMBER VOTE Councilman John A. Baum Aye Councilman F. Reid Ervin Aye Councilman George R. Ferrell Aye Councilwoman Barbara M. 4enley Aye Councilman Clarence A. Holland Aye Vice Mayor J. Henr,@, McCoy, Jr. Aye Councilman Donald W. Merrick Aye Councilman J. Curtis Payne A_ve Councilman Roger L. Riggs Aye Mayor Patrick L. Standing Aye RESOLUTION AUTHORIZING THE ISSUANCE AND SALE OF $16,800,000 PUBLIC IMPROVEMENT BONDS, SERIES OF 1979, OF THE CITY OF VIRGINIA BEACH, VIRGINIA, HERETOFORE AUTHORIZED, AND PROVIDING FOR THE FORM, DETAILS AND PAYMENT THEREOF WHEREAS, the issuance of $16,800,000 Public Improvement Bonds of the City of Virginia Beach was authorized by ordinance adopted by the Council of the City of Virginia Beach on May 7, 1979, to provide funds, together with other funds that may be available, for the following purposes: 2 4 6 - Planning, site acquisition and irnprovements, construction, enlargements, renovation and equipping of school facilities $ 5,085,959 Improvements and extensions to streets and highways, including right of way acquisition 1,868,681 Construction and improvenients of surface drainage facilities and dredging 219,892 Planning, site acquisition and improvements, construction, enlargements, renovatioll and equipping of municipal buildings, including arts and conference center, refuse facility, central heating plant, city garage, Coast Guard station and operations building 8,636,396 Development of new parks, improvements at existing parks and renovation of co=unity center 989,072 Total $16,800,000 BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. There are hereby authorized to be issued and sold $16,800,000 public improvement bonds of the City of Virginia Beach, Virginia. 2. The bonds shall be coupon bonds without privilege of registration, shall be designated "Public Improvement Bonds, Series of 1979," shall be dated November 1, 1979, shall be of the denomi- nation of $5,000 each, shall be numbered from I to 3,360, inclusive, and shall mature in installments of $500,000 on November 1, 1981, $850,000 on November 1 in each of the years 1982 to 1989, inclusive, and $950,000 on November I in each of the years 1990 to 1999, inclusive. The bonds shall bear interest at such rate or rates as determined at the time of sale, payable semiannually on May 1 and November 1. Both principal and interest shall be payable in lawful money of the United States of America at the principal office of such bank in Norfolk or Richriond, Virginia, and at such bank in New York, New York, at the option of bearer, both as designated by the City Manager prior to the advertisement of the bonds for sale. 5/7/79 - 4 7 - 3 . 3. Bonds maturing on or before November 1, 1989, are not subject to redeniption prior to maturity. Bond maturing on or after November 1, 1990, are subject to redemption prior to maturity at the option of the City on or after November 1, 1989, in whole at any time or in part on any interest payment date, upon payment of the principal amount of the bonds to @e redeemed plus interest accrued and unpaid to the redemption date and a redemption premium of one-quarter of one percent (1/4 of 1%) of such Drincipal aiuount for each six month period, or part thereof, between the redemption date and the stated maturity date of the bonds to be redeemed, provided that the redemption premium shall not exceed 3% of such principal amount. If less than all of the bonds are called for redemption, the bonds to be redeemed shall be selected by the City Treasurer in such manner as he may determine to be in the best interest of the City. The City Council shall cause notice of the call for redemption identifying the bonds to be redeemed to be published twice in both a financial journal pub- lished in the City of New York, New York, and in a newspaper of general circulation published in the City of Richmond, Virginia, the first publications of which shall appear not less than 30 nor more than 60 days prior to the redemption date. 4. The bonds shall be signed by the facsimile signature of the Mayor of the City of Virginia Beach, shall be countersigned by its Clerk and a facsimile of its seal shall be printed on the bonds. The coupons attached to the bonds shall be authenticated by the facsimile signatures of the Mayor and the Clerk. 5. The bonds and coupons shall be in substantially the following fo=i: 5 / 7 / 7 9 - 4 8 - 4 (FORM OF BOND) No. $5,000 UNITED STATES OF A.MERICA COMMONWEALTH OF VIRGINIA CITY OF VIRGINIA BEACH Public Tmprovement Bond, Series of 1979 The City of Virginia Beach, Virginia, for value received, hereby acknowledges itself indebted and promises to pay to bearer upon presentation and surrender hereof the principal sum of FIVE THOUSAND DOLLARS ($5,000) on November 1, 19-, and to pay interest thereon from the date hereof until payment at the rate of per cent ( %) per year, payable semiannually on May I and November 1 upon presenta- tion and surrender of the attached coupons as they become due. Both principal of and interest on this bond are payable in lawful money of the United States of America at the principal office of I Virginia, or New York, New York, at the option of bearer. This bond is one of an issue of $16,800,000 public improve- ment bonds of like date and tenor, except as to number, rate of interest, maturity and privilege of redemption, authorized by ordinance duly adopted by the Council of the City of Virginia Beach on May 7, 1979, and is issued pursuant to the Constitution and statutes of the Commonwealth of Virginia, including the Charter of the City of Virginia Beach (Chapter 147, Acts of Assembly of 1962, as amended) and the Public Finance Act, as amended, to provide funds, together with other available funds, for acquiring, constructing, improving and equipping various public facilities and improvements. 5/7/79 - 4 9 - 5 . Bonds maturing on or before November 1, 1989, are not subject to redemption prior to maturity. Bonds maturing on or after November 1, 1990, are subject to redemption prior to maturity at the option of the City on or after November 1, 1989, in whole at any time or in part on any interest payment date, upon payment of the principal amount of the bonds to be redeemed plus interest accrued and unpaid to the redemption date and a redemption premium of one-quarter of one percent (1/4 of l@@1) of such principal amount for each six month period, or part thereof, between the redemption date and the stated maturity date of the bonds to be redeemed, provided that the redemption premium shall not exceed 3% of such principal amount. If less than all of the bonds are called for redemption, the bonds to be redeemed shall be selected by the City Treasurer in such manner as he may determine to be in the best interest of the City. The City Council shall cause notice of the call for redemption identifying the bonds to be redeemed to be published twice in both a financial journal published in the City of New York, New York, and in a newspaper of general circulation published in the City of Richmond, Virginia, the first publications of which shall appear not less than 30 nor more than 60 days prior to the redemption date. The full faith and credit of the City of Virginia Beach are hereby irrevocably pledged for the payment of principal of and interest on this bond. All acts, conditions and things required by the Constitution and statutes of the Commonwealth of Virginia to happen, exist or be performed precedent to and in the issuance of this bond have happened, exist and have been performed, and the issue of bonds of which this bond is one, together with all other indebtedness of the City of Virginia Beach, is within every debt and other limit prescribed by the Constitution and statutes of the Common- wealth of Virginia. 5/7/79 - 5 0 - 6 . IN WITNESS WHEREOF, the City of Virginia Beach, Virginia, has caused this bond to be signed by the facsimile signature of its Mayor, to be countersigned by its Clerk, a facsimile of its seal to be printed hereon, the attached coupons to be authenti- cated by the facsimile signatures of the Mayor and the Clerk, and this bond to be dated Novetaber 1, 1979. COUNTERSIGNED: (SEAL) Clerk, City of Virginia Mayor, City of Virginia Beach, Virginia Beach, Virginia (FORM OF COUPON) No. $ May On November 1, 19-, unless the bond to which this coupon is attached has been duly called for prior redemption and provisions made for payment thereof, the City of Virginia Beach, Virginia, will pay to bearer Dollars ($ in lawful money of the United States of America at the principal office of I I Virginia, or New York, New York, at the option of bearer, being the semiannual interest then due on its Public Improvement Bond, Series of 1979, dated November 1, 1979, and numbered Clerk, City of Virginia Mayor, City of Virginia Beach, Virginia Beach, Virginia 5 7 7 9 - 51 - 7 . 6. The full faith and credit of the City of Virginia Beach are hereby irrevocably pledged for the payment of principal of and interest on the bonds. There s'@iall be levied and collected annually on all locally taxable property in the City an ad valorem tax over and above all other taxes authorized or limited by law sufficient to pay such principal and interest as the same respec- tively become due and payable. 7. The City Manager is hereby authorized and directed to take all proper steps to advertise the bonds for sale sub- stantially in accordance with the Notice of Sale attached hereto as Exhibit A; provided, however, that he shall (a) designate the paying agents, (b) in collaboration with Wainwright & Ramsey Inc., the City's Financial Conrultant, select the sale date and time, and (c) complete the @lotice of Sale accordingly, and pro- vided, further, that the City Manager, in collaboration with Wainwright & Ramsey Inc., may make such changes in the Notice of Sale not inconsistent with this resolution as he may consider in the best interest of the City. 8. The City Manager, in collaboration with Wainwright & Ramsey Inc., shall see to the preparation, printing and distri- bution to prospective bidders of an Official Statement in form customary for the public offer@ng of an issue of bonds such as the bonds authorized hereby. 'Ehe City Manager shall also arrange for the delivery to the purchaser of the bonds of up to 500 copies of the Official Statement to bo delivered to the persons to whom such bidder and members of his bidding group initially sell the bonds. 9. After bids have been received and the bonds awarded, the City Manager, the Mayor and the Clerk are hereby authorized and directed to take all propelr steps to have the bonds prepared and executed in accordance with their terms and to deliver the bonds to the purchaser thereof upon pa3,ment therefor. 5 / 77 9 - 5 2 - 8 . 10. Such officers of the City of Virginia Beach as may be requested are hereby authorized to execute an appropriate certi- ficate setting forth the expected use and investment of the proceeds of the bonds issued pursuant hereto in order to show that such expected use and investment witl not violate the provisions of SS103(c) of the Internal Revenuo Code of 1954, as amended, and regulations issued pursuant thcreto, applicable to "arbitrage bonds." Such certificate shall be in such form as may be requested by bond counsel for the City. 11. The Clerk is hereby cluthorized and directed to see to the i=ediate filing of a cert@fied copy of this resolution with the Circuit Court of the City pf Virginia Beach and within ten days thereafter to cause to be published once in a newspaper of general circulation in the city of Virginia Beach a notice setting forth (1) in brief and general ternis the purposes for which the bonds are to be issued and (2) the amount of such bonds and the amount for each purposo. 12. The City Council agrces not to sell any general obliga- tion bonds of the City during @he next 90 days followin', the sale of the bonds without the conse#t of the managing underwriter of the bonds. 13. The City Treasurer io hereby directed to apply from the proceeds of the bonds such amount as may be necessary to pay any notes issued in anticipaticn of the issuance and sale of the bonds as hereinafter authorizea. 14. The City Manager, with the assistance of such officers of the City as he may determinc, is hereby authorized and directed to borrow at one time or from time to time, up to $16,800,000 in anticipation of the issuancc and sale of the bonds and for the purposes for which the bon4s have been authorized, from such one or more financial institut@ons as he may deem appropriate. 5/7/79 - 5 3 - 9 Such borrowing shall be evidenced by negotiable notes to be executed by the City Manager or the Mayor with the City's seal to be affixed and attested by the Clerk or a Deputy Clerk, shall bear interest at such rate or tates not to exceed 6% per year and shall Tnature at such time Or times not laterlthan December 31, 1979, all as the person execut@ng such notes may determine to be in the best interest of the City. 15. The full faith and ctedit of the City of Virginia Beach are hereby irrevocably pledged to the payment of principal of and interest on such notes. 16. All other resolution$ or parts of resolutions in con- flict herewith are hereby repe4led. 17. This resolution shall take effect iiumediately. The undersigned Clerk of the City of Virginia Beach, Vir- ginia, hereby certifies that tbe foregoing constitutes a true and correct extract from the m@nutes of a regular meeting of the Council of the City of Virginia Beach held on the 7th day of May, 1979, and of the whole thereof so far as applicable to the matters referred to in such extract. WITNESS my hand and the @eal of the City of Virginia Beach, Virginia, this day of May, 1979. er , City o Virginia Beac Virginia (SEAL) 5 / 77 9 5 4 - EXHIBIT A NOTICE OF SALE $16, 00,000 CITY OF VIRGINI BEACH, VIRGINIA Public Irnprovement onds, Series of 1979 Sealed bids will be rece ved for the Council of the City of Virginia Beach, Virginia, u@til Eastern Time, on 1979, at the office of the City Mana er, Administration Building, Muni- cipal Center, Virginia Beach, irginia, for the purchase of $16,800,000 Public Iniprovement Bonds, Series of 1979, of the City of Virginia Beach described he ein, at which time the bids will be publicly opened. The bonds will be dated @ovember 1, 1979, and will mature in installnients of $500,000 on November 1, 1981, $850,000 on November 1 in each of the years 1982 to 1989, inclusive, and $950,000 on November 1 in each of the years 1990 to 1999, inclusive. The bonds will be in coupon form wtthout privilege of registration and will be of the denominatio-i of $5,000 each. Interest will be pavable semiannually on May I 4nd November 1, and both principal and interest will be payable a@ the principal office of I I Virginia, or New York, New Yor , at t e opt@on of bearer. Bonds maturing on or befdre inovember 1, 1989, are not subject to redemption prior to maturity. Bonds maturing on or after November 1, 1990, are subject to redemption prior to maturity at the option of the City on or after November 1, 1989, in whole at any time or in part on any inte!rest payment date, upon payment of the principal amount c)f the boids to be redeemed plus interest accrued and unpaid to the redenption date and a redemption premium of one-quarter of one percent (1/4 c)f 1%) of such principal amount for each six month period, or part thereof, between the redemption date and the stated maturity dates f the bonds to be redeemed, provided that the redemption premium sh 11 not exceed 3% of such principal amount. If less than all of t e bonds are called for redemption, the bonds to be redeemed shall be selected by the City Treasurer in such manner as he may deter ine to be in the best interest of the City. The bonds will be general obligations of the City of Virginia Beach secured by a pledge of its full faith and credit. Bidders are invited to name the rate or rates of interest which the bonds are to bear, in riultiples of 1/8 or 1/20 of 1%. No more than six rates may be named, and the rate named for bonds of any maturity shall not be less than the rate named for bonds of any earlier maturity. All bonds maturing on the same date must bear interest at the same rate, and interest shall be represented by only one coupon for each interest payment date. No bid for less than par and accrued interest and no bid for less than all of the bonds will be considered. The right to reject any or all 5/7/79 -@5- 2 . bids and to waive irregularities in any bid is hereby reserved. Unless all bids are rejected, the bonds will be awarded to tlie bidder whose proposal results in the lowest cost to the City, such cost to be determined by deducting the total amount of any premium bid from the aggregate amount of interest upon all of the bonds until their respective maturities. The premium, if any, must be paid in funds as part of the purchase price. Each proposal should be enclosed in a sealed envelope, marked on the outside "Bid for City of Virginia Beach, Virginia, Public Improvement Bonds," should be addressed to the Council of the City of Virginia Beach, c/o the Office of the City Manager, Administration Building, Municipal Center, Virginia Beach, Virginia, and must be accomdanied by a certified or cashier's check for $336,000 drawn upon an incorporated bank or trust company and payable unconditionally to the order of the City of Virginia Beach, Virginia, to secure the City against any loss resulting from the fail- ure of the succ6ssful biclder to comply with the terms of his proposal. The check of the successful bidder will be deposited and credited on the purchase price and no interest will be allowed thereon. The proceeds of the check will be retained by the City as liquidated damages in case the successful bidder fails to accept delivery of and pay for the bonds. Checks of unsuccessful bidders will be returned promptly upon award of the bon4s. The bonds will be delive ed at The Signature Company, New York, New York, at the expense of the City, on or about December 1979, upon payment therefo in Federal Funds. It is anticipated that CJSIP identification numbers will be printed on the bonds, but neitier the failure to print such num- bers on any bond nor any error with respect thereto shall constitute cause for a failure or refusal by the successful bidder t',iereof to ac- cept deliverv of and pay for tie bonds in accordance with the terms of his proposal. All expenses in connection with the assignment or printing of CUSIP numbers shall be paid by the City. The approving opinion of Messrs. Hunton & Williams of Rich- mond, Virginia, with respect tD the bonds will be furnished to the successful bidder at the ekpense of the City, will be printed on the back of the bonds and will state that the bonds constitute valid and legally binding oblivations of the City and that its City Council is authorized and required by law to levy and collect ad valorem taxes, without limitation as to rate or amount, on all locallv taxable property in the City to pay the principal of and interest on the bonds. There will also be furnished to the successful bidder (1) a certificate signed by the ofeicers who signed the bonds stating that no litigation is then penling or, to their knowledge, threatened to restrain or enjoin the issuance or delivery of the bonds or the levy and collection of taxes t:) pay principal or interest or in any manner questioning the pro:eedings and authority under which the bonds are issued and (2) a certificate signed by the City Mana- ger and the Assistant to the C@ty Manager for Finance and Research relating to the City's OfficiaL Statement. The City Council will be in session at 12:00 Noon on the date of the sale for the purpo3e of taking prompt action on the bids. For further information @-elatin, to the bonds and the City of Virginia Beach, reference i, made to the City's Official State- ment. Bidders are requested t use the bid form which, together 5/7/79 -5@- 3 . with the Official Statement, m,,ty be obtained from Giles G. Dodd, Assistant to the City Manager ]-or Finance and Research, Administra- tion Building, Municipal Centei7, Virginia Beach, Virginia 23456 (telephone 804/427-4681), or fiom Wainwright & Ramsey Inc., 70 Pine Street, New York, New Yorl, 10005 (telephone 212/425-9473). The City will furnish to the successful bidder at the expense of the City up to 500 copies of the Official Statement to be delivered to the persons to whom such bidder and members of his bidding group initially sell the bonds. I CITY OF VIRGINIA BEACH, VIRGINIA By: George L. Hanbury, II City Manager 5 7 7 9 -5@- (ITEM II-F.3.a.) ITEM 13688 On motion by Councilman Ervin, sec)nded by Councilman Payne, City Council voted to APPROVE an Ordinaice making appropriations for the fiscal year beginning July 1, 1979 and ending June 30, 1980, in the sum of One Hundred and Seveity Million, Six Hundred Ninety- Six Thousand, Three Hundred Forty-@ight Dollars ($170,696,348) for OPERATIONS and Fifty Million, Thirty Thousand, Four Hundred Ninety- Six Dollars ($50,030,496) in INTER UND TRANSFERS and regulating the payment of money out of the City T@easury, AS AMENDED. Voting: 10-0 Council Members Voting Aye: John A. Baum, F. Reid Ervin, George R. Ferrell , Barbara M. Henley, Clarence A. Holland, J. Henry McCoy, Jr., Donald W. Merrick, J. Curtis Payne, Roger L. Riggs, and Patrick L. Standing Council Members Voting Nay: None Council Members Absent: Meyera E. Oberndorf 5/7/79 - 5 8 - AN ORDINANCE HAKING KPPROPRIATIONS FOR THE FISCAL YEAR BEGINNIN3 JULY 1, 1979 AND ENDING JUNE 30, 1980, IN THE SUM OF ONE HUNDRED SEVENTY MILLION, SIX HUNDRED NINETY-SIX THOUSAND, THREE HUNDRED FORTY-EIGHT DOLLARS ($170,696,348) FOR OPERATIONS AND FIFTY MILLION, THIRTY THOUSAND, FOUR HUNDRED NINETY-3IX DOLLARS ($50,030,496) IN INTERFUND TRANSFERS AND REGULATING THE PAYMENT OF MONEY OUT OF THE CITY TREASURY. AS AMENDED WHEREAS, the City Manager has h@retofore submitted to the Council an Annual Budget for the City for the flscal year beginning July 1, 1979, and ending June 30, 1980, and it is nece3sary to appropriate sufficient funds to cover said budget. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: Section 1. That the amounts naiied aggregating TWO HUNDRED TWENTY MILLION, SEVEN HUNDRED TWENTY-SIX THOUSAND, E-GHT HUNDRED FORTY-FOUR DOLLARS ($220,726,844) consisting of FIFTY M-LLION, THIRTY THOUSAND, FOUR HUNDRED NINETY-SIX DOLLARS ($50,030,496) in -nterfund transfers and ONE HUNDRED SEVENTY MILLION, SIX HUNDRED NINETY-3IX THOUSAND, THREE HUNDRED FORTY-EIGHT DOLLARS ($170,696,348) for operation or so much thereof as may be necessary as set forth in the Annual Budget fo7 the fiscal year 1979-80, submitted by the City Manager on the date of Apri- 2, 1979 are hereby appropriated, sub- ject to the conditions hereafter set forth, for the year 1979-80, for the use of the several departments and s)ecially designated funds of the City Goverriment, and for the purposes her(after mentioned, as set forth in said Annual Budget, which is hereby incor]orated by reference, for the fiscal year beginning July 1, 1979 and endiig June 30, 1980 as follows: S-6 5 7 7 9 - 5 9 - The changes which have been includ@ed in the ordinances proposed for secoiFd reading by Council today ar as follows: 01011 - City Clerk 08010 Office Equipment and Furn ture Reduced $ 59 Wood wastebasket requeste is not approved. 06020 - Commonwealth's Attorney 06010 Replacement of Office Equipment & Reduced 1,007 Furniture Cost of one executive des,, and chair is in excess of approved )urchase price. 06031 - High Constable 06010 Replacement of Office Equipment & Increased 890 Furniture Approved request for typevriter replacement was left out )f proposed budget. 06035 - Custodial Unit Correctional Operttions 02740 Repairs to Radio, Teletyp? & Radar Increased 23,000 Maintenance agreements on radios for current service level; comes to a total of $36,000. Oily $13,000 was budgeted. 08020 - Public Assistance 0521A Project Friendship Increased 30,000 City Council requested th@s contribution be appropria-;ed. 10218 - Engineering Inspections 06310 Replacement of Automotive Equipment Reduced 5,400 Replacement of this equipiient was accomplished in FY 1979. 21001 - Administration - Director of Datit Processing Reduced 30,000 02130 Legal and Expert Services Budgeted in the wrong budilet unit. 21002 - Computer Operations Technical Su,)port 02130 Legal and Expert Services Increased 30,000 Previously budgeted in Ad inistration Budget Unit erroneously. 3000 - Reserve for Contingencies 00610 Regular Reduced 47,424 Reduced to accomplish the above changes. 5/7/79 - 6 0 - (ITEM II-F.3.b.) ITEM #13689 On motion by Councilman Ferrell, seconded by Councilman Holland, City Council voted to APPROVE on first reading the ordinance to appropriate additional funds for the Clean Community System Program, in the amount of $2,070. Voting: 10-0 Council Members Voting Aye: John A. Baum, F. Re id Erv in, George R . Ferrell, Barbara M. Henley, Clarence A. Holland, J. Henry McCoy, Jr., Donald W. Merrick, J. Curtis Payne, Roger L. Riggs, and Patrick L. Standing Council Members Voting Nay: None Council Members Absent: Meyera E. Oberndorf 5 7 7 9 6 1 - AN ORDINANCE TO APPROPRTATE ADDITIONAL FUND; FOR THE CLEAN COMMUNITY SYSTEM PROGRAM WHEREAS, City Council approv@d the second year funding of the Clean Coumunity System Program on Decenber 18, 1978 in the amount of $15,507, and WHEREAS, the State DepartmenL of Conservation and Economic Development, Division of Litter Control, will provide additional second year funds in the amount of $2,070. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VTRGINIA BEACH, VIRGINIA: That the City Manager is liereby authorized to accept the additional funds for the (:ity, and thE funds are hereby appropriated for the following purpose: Estimated fevenue Total From Other Igencies Appropriations Clean Connnunity System Program $2_070 $2_070 BE IT FURTHER opj)AINED that the appropriations be financed by $2,070 Estimated Revenue from the Sta e Department of Conservation and Economic Development. FIRST READING: Ma SECOND READING: Adopted by tlie (@ouncil of tie City of Virginia l@ach on the day of 1979. 5 7 7 9 6 2 - (ITEM II-F.3.c.) ITEM #13690 AN ORDINANCE TO AICCEP'F AND APPROPRIATE $200,000 FOR THE IMPL@NTATION CF A DEMONSTRATION PAV@NT MARKING PROGRAM WHEREAS, the City of Virginia Beach wishes to improve the safety of its streets, highways, and school, railroad, and pedestrian crossings; and WHEREAS, the Virginia DepartMEnt of Highways and Transportation (VDHT) has approved necessary funding fcr implementing a program to realize this objective. NOW, THEREFORE, BE IT ORDAINEI BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the City Manager is herety authorized to accept this funding for the City, and funds are hereby appr(priated for the following purpose: ]@stimated Revenue Total Fi:om Other Agencies Appropriations Demonstration Pavement Marking Program $200_000 $200_000 That the appropriations will ])e financed by $200,000 estimated revenue from the VDHT, with no local ma--ch required. FIRST RFADING: m SECOND READING: Adopted by the Council of the City of Virginia Beach on the day of 1979. 5 7 7 9 - 6 3 - CITY OF VIRGItlIA BEACH GRANT Oln'LINE PRO,JECT: Demonstration Pavement Markiiig Program Purpose: To provide funds for the imp ementation of a Demonstration Pavement Marking Program to improve h ghway safety. Fund Source: Department of Transporta ion via Virginia Department of Highways and Transportation Budget: $200,000 Local Funds: 0 Request of Council: To accept grant avard. Fiscal Impact: Impacts to the city will be the responsibility for the upkeep and maintenance of improved roadways. On motion by Councilman Baum, seconded )y Councilman Holland, City Council voted to APPROVE on first reading the above ordinance to accept and appropriate $200,000 for the implementation of a detionstration pavement marking program. Voting: 10-0 Council Members Voting Aye: John A. Baum, F. Reid Ervin, George R. Ferrell, Barbara M. Henley, Clarence A. Holland, J. Henry McCoy, Jr., Donald W. Merrick, J. Curtis Payne, Roger L. Riggs, and Patrick L. Standing Council Members Voting Nay: None Council Members absent: Meyera E. Oberndorf - E 4 - (ITEM II-F.3.d.) ITEM #13691 AN ORDINANCE TO APPROPRIATE $14,500 FOR RIGHT-OF-WAY IMPROVEMENTS IN THE CROATAN BF.ACH/CAMP PENDLETON ARF.A WHEREAS, the City of Virginia Beach has entered into an agreement with the Department of Military Affairs, Coitmonwealth of Virginia whereby the city has obtained permission to use the beach at Camp Pendleton as public beacii on a daily basis from May 20, 1979 to September 15, 1979 excludiiig days (Jul-y 16-26, 1979) wlien tlie beacli will be used for military activity, and WHEREAS, street improvements are needed in the area in order to have proper access I.eading to the @,amp 1'eiiclicton Beach Parking l,ot and the beacti, and WHERLIAS, tlie cost of L@iese impr@)veiiieit., %Aiicil consist of upgrading existin@l,l l,aveiaent ,ii Vandert,ilL .v,@t,ue from Maryland Avenue to Camp Pendleton and layiiii-, new I)av@i@@nt c,n 1.@)ckheed Avenue between Vaiiderbilt Aventic@ aiici S. Atlantic Av. i, at $14,500. NOW, I'HERI-FORi,,', BE f']' i)i@DAiNl:l) @Y t i)[iN(@'ll@ OF IIIE (@ITY OF VLRCINIA BL,ACIF tliat ftind,; in aiiio@i it )t @;'!; 500 be apl)r(,priated from the Geii ral llitiid for tii, ,t inaking LliL necessary right-of-way iiiipr@,v@i'l@ ItLs iri tle (@i'c@ala,, @,!(:ai@il) Pendleton Area. Adopted by @,lie (@,@,incii ,f th( (@@!y irginia tilacli on this - day @i 19- First Reading:_____ May 7, 1979 Second Readi.ng7 - 6 5 - On motion by Councilman Ferrell, seconded by Councilman Ervin, City Council voted to APPROVE on first reading the ordinance to appropriate $14,500 for right-of-way improvements in the Croatan Beach/Camp Pendleton Area; and further voted to APPROVE on first reading the ratification of the City Manager signing the agreement. Voting: 9 - 1 Council Members Voting Aye: John A. Baum, F. Reid Ervin, George R. Ferrell, Barbara M. Henley, Clarence A. Holland, J. Henry McCoy, Jr., J. Curtis Payne, Roger L. Riggs, and Patrick L. Standing Council Members Voting Nay: Donald W. Merrick Council Members Absent: Meyera E. Oberndorf (ITEM II-F.4.a.) ITEM #13692 COUNCIL VOTED ONLY ONCE ON THE FOLLOWING TWO ITEMS (13692 and 13693) The following bids have been received for Lake Smith Terrace Phase I (CIP 6-504) Bayside Borough - Contract I M. E. Wilkins, Inc. $579,452.00 Suburban Grading & Utilities, Inc. 623,196.04 W. R. Hall, Jr. 6 5 2, 9 3 3 . 0 0 Major T. Archbell, Inc. 663,151.50 Vico Construction Corporation 690,676.62 A & W Contractors, Inc. 700,135.00 A. Stanley Mundy & Company 759,601.72 Engineer's Estimate $604,606.00 On motion by Councilman Holland, seconded by Vice Mayor McCoy, City Council voted to APPROVE the low bid of M. E. Wilkins, Inc., in the amount of $579,452.00, for Contract I for Lake Smith Terrace Phase I; AND further authorized the City Manager to enter into the necessary agreements for the implementation of this project. Voting: 10-0 Council Members Voting Aye: John A. Baum, F. Reid Ervin, George R. Ferrell, Barbara M. Henley, Clarence A. Holland, J. Henry McCoy, Jr., Donald W. Merrick, J. Curtis Payne, Roger L. Riggs, and Patrick L. Standing Council Members Voting Nay: None Council Members Absent: Meyera E. Oberndorf 5/7/79 - 6 6 - (ITEM II-F.4.aa) ITEM #13693 The following bids have been received for Lake Smith Terrace Phase I (CIP 6-504) Bayside Borough - Contract II: Crowder Contracting Company $113,700.00 Van de Riet Construction Company, Inc. 114,000.00 GAVCO Corporation 116,611.00 Engineer's Estimate $110,000.00 On motion by Councilman Holland, seconded by Vice Mayor McCoy, City Council voted to APPROVE the low bid of Crowder Contracting Company, in the amount of $113,700.00 for Contract II for Lake Smith Terrace Phase I; AND further authorized the City Manager to enter into the necessary agreements for the implementation of this project. Voting: 10-0 Council Members Voting Aye: John A. Baum, F. Reid Ervin, George R. Ferrell, Barbara M. Henley, Clarence A. Holland, J. Henry McCoy, Jr., Donald W. Merrick, J. Curtis Payne, Roger L. Riggs, and Patrick L. Standing Council Members Voting Nay: None Council Members Absent: Meyera E. Oberndorf 5 7 7 9 - 6 7 - (ITEM 11-F.5.a.) ITEM A'13694 AN ORDINANCE TO AM-ND SECTION 6-5 OF THE CODE OF THE CITY OF VIRGINIA BEACH, VIRGINIA, R-LATING TO BICYCLES, ETC., ON THE BOARDQALK BY ADDING PARAGRAPH (3) THER:TO BE IT ORDAINED BY THE COUNCI- OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Section 6-5 of the Code of the City of Virginia Beach, Virgiiiia is amended by adding a new paragraph (3) as follows: Section 6-5. Bicycles, etc., on boardrialk. (3) Further, it shall be unlawful for any person to use on the boardwalk or grassy area or bicycle path adjacent thereto, at any time, roller skates, skateboards, toys, or similar related devices on wheels or runners. This provision shall not )e applicable to the use of wheel chairs for transportation of handicapp@d persons or the use of baby carriages, strollers or related modes Df transportation for infants. This ordinance shall be effe--tive from date of adoption. Adopted by the Council of th City of Virginia Beach, Virginia on the 7th day of Ilay 979. RHM:er 5-1-79 (3) 5 7 7 9 - 68 - The following persons appeared in opposition to the ordinance: Mr. Carl Isbrandtsen, presented a proposed ordinance regarding Roller Skating on the Boardwalk Mr. Alan Mirman Mr. Michael Smith, Attorney, representing C & J Outdoor Skates Mr. Edward S. Garcia, Jr., Attorney, representing MTJ Skates t/a Cheap Skates Mr. Don L. Shelton Mr. Donald Perkins, Roll 'A' Way Skating Rink Mr. Cary Frey, C & Y Outdoor Skates The following is Mr. Isbrandtsen's proposed ordinance: PROPOSED CITY ORDINANCE 6-5.2 ROLLER SKATING ON BOARDWALK (1) It shall be unlawful for any person to use upon the Boardwalk along the Atlantic Ocean, the grassy area adjacent thereto, or the bicycle path adjacent thereto, between the period May 15 through September 30, roller skates, except on the western one half of the Boardwalk. (2) It shall be unlawful, at any time, for any person to use upon the Boardwalk along the Atlantic Ocean, the grassy area adjacent thereto, or the bicycle path adjacent thereto, roller skates, from sunset to sunrise. (3) It shall be unlawful for any person under the age of 16 years old, unless accompanied by an adult (18 years of age or older), to use upon the Boardwalk along the Atlantic Ocean, the grassy area adjacent thereto, or the bicycle path adjacent thereto, roller skates. Any person who violates the provisions of this section shall be guilty of a Class IV misdemeanor. NOTICES, RULES AND REGULATIONS The following rules and regulations shall be applicable to roller- skaters and rollerskate rental businesses and shall be posted in a conspicuous location at the rental shops' business location. 1. There shall be no skating after sunset or before sunrise. 2. Rollerskate rental businesses shall report to the local police any reckless activities in which their customers engage. 3. The privilege of skating on the boardwalk may be revoked by the skate rental businesses upon receipt of a report that a customer is engaged in reckless skating activities or is skating in a manner which disregards the rights of others. 4. Skaters may only skate on the western one-half of the boardwalk. 5. SKATING in the STREET, on the BICYCLE PATH adjacent to the boardwalk or on the grassy area adjacent thereto is prohibited. - 6 9 - 6. Skaters shall not skate in large groups nor shall they race nor shall they skate in a reckless manner. 7. You must be 16 years of age or older to rent rollerskates unless accompanied by an adult (18 years of age or older). 8. ROLLERSKATING MAY BE DANGEROUS. SKATE AT YOUR OWN RISK. Vice Mayor McCoy made a motion, seconded by Councilman Holland, to approve the ordinance proposed by the Skating Shops; with the stipulation that it be on a one year trial basis. Councilman Baum offered a SUBSTITUTE MOTION, seconded by Mayor Standing, approve the original ordinance presented by the City Manager to amend Section 6-5 of the Code of the City of Virginia Beach, relating to Bicycles Etc., on the Boardwalk by adding Paragraph (3) thereto. Councilman Riggs offered an AMENDPENT to the MAIN MOTION to approve the ordinance presented by the City Manager with the exception that the words "At ANY Time" be deleted and skating be banned on the Boardwalk from May I to September 30 of each year. THERE BEING NO SECOND, THE AMENDMENT TO THE MAIN MOTION WAS LOST. THE RECORDED VOTE ON THE SUBSTITUIE MOTION IS AS FOLLOWS: Voting: 8 - 2 Council Members Voting Aye: (appyoval of ordinance presented by City Manager) John A. Baum, F. Reid Er%in, George R. Ferrell, Barbara M. Henley, Donalc W. Merrick, J. Curtis Payne, Roger L. Riggs, ard Patrick L. Standing Council Members Voting Nay: Clarence A. Holland and 1. Henry McCoy, Jr. Council Members Absent: Meyera E. Oberndorf City Council voted to approve the ordinance presented by the City Manager to amend Section 6-5 of t@e Code of the City of Virginia Beach, Virginia, relating to bicy(les, etc., on the Boardwalk by adding paragraph (3) thereto. - 7 0 - "Further, it shall be unlawful for any person to use on the boardwalk or grassy area or bicycle path adjacent thereto, at any time, roller skates, skateboards, toys, or similar related devices on wheels or runners. This provision shall not be applicable to the use of wheel chairs for trans- portation of handicapped persons or the use of baby carriages, strollers or related modes of transportation for infants." (ITEM II-G.a.) ITEM #13695 CONSENT AGENDA The following items were voted on at ONE TIME. 5 7 7 9 7 1 - AN ORDINANCE RATIFYING AND CONFIRMING THE CREATION OF THE VIRGINIA BEACH ARTS AND HUMANITIES COMMISSION AND PROVIDING FOR ITS COMPOSITION, TERMS OF MEMBERS, CONDUCTING OF BUSINESS, ETC. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: Section 1. Creation There is hereby created a Comrnission to be known as the Virginia Beach Arts and Humanities Commission. Section 2. Composition The Virginia Beach Arts and Hunianities Commission shall consist of eleven commissioners appointed by City Council. To be eligible for appointment, each commissioner shall maintain a primary residence in the City of Virginia Beach and shall not concurrently hold menibership on the corporate board of any arts group in the State of Virginia. The City Manager or his designate shall be a nonvoting ex officio member of the Commission and shall hold the position of Executive Director of the Commission. Section 3. Terms of Members The term of each Commissioner shall begin at the close of the annual meeting on July I of the year in which he is appointed. The terms of Commissioners shall be for two years. Prior to June 1, the City Council will appoint six commissioners in the even-numbered years and five commissioners in the odd-numbered years. They shall hold office during their respective terms at the pleasure of the City Council or until their successors are appointed. Section 4. Vacancies All vacancies of the Virginia Beach Arts and Humanities Commission occurring by reason of resignation, removal, or otherwise shall be filled by appointment by the City Council for the remainder of the unexpired term. Section 5. Election of Officers: Terms The members of the Virginia Beach Arts and Humanities Commission shall, immediately after their appointment, meet and organize. They shall elect from among the Commissioners a Chairman, Vice-Chairman, and Treasurer. The Secretarv may be elected from among the Commissioners or from the voting delegates. All officers shall serve for terms of one year or until their successor is elected. Section 6. Meetings Unless otherwise ordered by the Commission or the Executive Committee, regular meetings shall be held in May and July and not less than six times annually. A regular meeting in July shall be known as the Annual Meeting and shall be for the purpose of electing officers, electing delegate members of the Executive Committee, receiving written reports of officers and committees, and for any other business that may arise. Section 7. Quorum 30% of the voting membership of the Virginia Beach Arts and Humanities 7 2 - Section 8. Powers The powers of the Virginia Beacq Arts and Humanities Commission shall be exercised by the Executive Committee after approval by the Commission. Section 9. Conduct of Business The Virginia Beach Arts and Humanities Commission shall adopt suitable by-laws, rules, and regulations for the conduct of its business not inconsistent with this ordinance and @obert's Rules of Order. Section 10. Purpose The purpose of the Virginia Bea-h Arts and Humanities Commission is to serve in an advisory capacity to the Virginia Beach City Council; to encourage the development of programs in the Arts aid Humanities in the City of Virginia Beach; to bring into closer cooperation all the member organizations of this organization for the benefit of all the citizens of Virginia Beach; to provide information and assistance to members whel feasible; to serve as the coordinating group through which shall be channeled all city funds appropriated to organizations promoting the Arts and Humanities; and to coordinate efforts to secure federal and state funding for programs in the Arts anl Humanities. The scope of this Commission is limited to such groups which qualify as a registered non-profit tax-exempt groip which has as a stated purpose the furtherance of the Arts and Humanities through the provision of programming and/or services designed to benefit the citizens of Virginia Beach. Section 11. Reports -Fhe Virginia Beach Arts and Humanities Commission shall make such reports to the City Council on the following date; of each year and provide their recommendations to City Council from time to time as may be required. 1) Budget recommendations for 2ach ensuing fiscal year by December 31 of each calendar year. 2) Such financial'reports as directed by the Director of Finance. Section 12. Conflict Any ordinance in conflict herewith is hereby expressly repealed. Adopted by the City Council of he City of Virginia Beach on the 7th day of May 1979. ESC:kdf 4/20/79 - 7 3 - (ITEM II-G.b.) ITEM #13696 The regular meeting of the Council of the City of Virginia Beach, Virginia, was held in the Council Chambers of the City of Virginia Beach on the 7 day of May , 1979. On motion by Councilman Payne and seconded by Councilman Baum the following resolution was adopted. R E S 0 L U T I 0 N WHEREAS, on October 28, 1973 the City Council adopted the Comprehensive Zoning Ordinance of the City of Virginia Beach; WHEREAS, the Comprehensive Zoning Ordinance incorporates thereunto certain zoning district maps; and WHEREAS, a certain error occurred in the drafting of zoning district lines on the zoning district maps; WHEREAS, the error has been verified by the Director of Planning. THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the City Council desires to correct the following error: Zoning Map K-13, which includes in particular the property at the northeast intersection of Oceana Boulevard and Gunn Hall Drive. The Director of Planning is authorized to Dlace the zoning lines in their proper location on this parcel. The City Clerk is directed to -,orrect the minutes of the Council meeting of October 28, 1973 to reflect tlis change. Adopted by the Council of the City of Virginia Beach, Virginia, ori the 7 day of May 1979 JDB:er 5-1-79 '7/79 - 7 1 - On motion by Councilman Payne, sec nded by Councilman Baum, City Council voted to APPROVE the ordin nce ratifying and confirming the creation of the Virginia Beach Arts and Humanities Commission and providing for its composition, terms of members, conducting of business, etc. Voting: 10-0 Council Members Voting Aye: John A. Baum, F. Reid Ervin, George R. Ferrell, Barbara M. Henley, Claren-e A. Holland, J. Henry McCoy, Jr., Donald W. Merrick, J. Curtis Payne, Roger L. Riggs, and Patri:k L. Standing Council Members Voting Nay: None Council Members Absent: Meyera E. Oberndorf 5 7 7 9 - 7 5 - On motion by Councilman Payne, seconded by Councilman Baum, City Council voted to APPROVE the above Resolution amending t e Minutes of October 28, 1973, and placing the zoning lines in their proper locati n on this parcel. (Northeast intersection of Oceana Boulevard and Gunn Hall Drive Voting: 10-0 Council Members Voting Aye: John A. Baum, F. Reid Ervin, eorge R. Ferrell, Barbara M. Henley, Clarence A. Holland, . Henry McCoy, Jr., Donald W. Merrick, J. Curtis Payne, oger L. Riggs, and Patrick L. Standing Council Members Voting Nay: None Council Members absent: Meyera E. Oberndorf (ITEM II-G.c) ITEII #13697 On motion by Councilman Payne, seconded by Councilman Baum, City Council voted to APPROVE the Certificates of Public Conv(?nience and Necessity for Diamond and Yellow Cab Companies; and further voted to DEN" THE Certificate of Public Convenience and Necessity for Independent Taxi Company its City Council approved the application of Independent Taxi Company last year a d as of now the owner has not acquired any cabs nor has he conducted any taxi cab business. Voting: 10-0 Council Members Voting Aye: John A. Baum, F. Reid Ervin, (eorge R. Ferrell, Barbara M. Henley, Clarence A. Holland, . Henry McCoy, Jr., Donald W. Merrick, J. Curtis Payne, @oger L. Riggs, and Patrick L. Standing Council Members Voting Nay: None Council Members absent: Meyera E. Oberndorf - 7 6 - (ITEM II-G.d.) ITEM #13698 On motion by Councilman Payne, seconded by Co@ncilman Baum, City Council voted to APPROVE the following Bingo @nd/or Raffle permits: Sertoma Club of Virginia Beach - ingo Kings Daughters Circles - ingo Holy Family Church - @affle (ITEM II-H.a.) ITEM #13699 Mr. Smith appeared and requested a two week deferral Mr. Jeffery P. Gould appeared in opposition On motion by Councilman Holland, seconded by Councilman Ferrell, City Council voted to DEFER FOR TWO WEEKS the following application of Eric C. and Patricia F. Smith for a Change of Zoning District Classification from R-5 Residential District to 0-1 Office District. An Ordinance upon Application of Eric C. and Patricia F. Smith for a Change of Zoning District Classification from R-5 Residential District to 0-1 Dffice District on certain property located on the So,th side of Larry Avenue beginning at a point 100 feet ore or less East of Newtown Road, running a distance o 90.07 feet along the South side of Larry Avenue, runni g a distance of 135.36 feet along the Eastern property line, running a distance of 101.16 feet along the Southern property line and running a distance of 133.24 feet along the Western property line. Said parcel contains .24 acre. BAYSIDE BOROUGH Voting: 10-0 Council Members Voting Aye: (for deferral) John A. Baum, F. Re id Ervin, George R . Fe rrel I , Barbara M. Henley, Clarence A. Holland, J. Henry McCoy, Jr., Donald W. Merrick, J. Curtis Payne, Roger L. Riggs, and Patrick L. Standing Council Members Voting Nay: None Council Members Absent: Meyera E. Oberndorf 5 7 7 9 - 7 r - (ITEM II-H.a.) ITEM fl3700 Mr. A. James DeBellis, Director o- Economic DEvelopment, appeared in favor. Mrs. Gwen Wood, president, Pinewo )d Garden/Euv ica Park Civic Leagues, appeared in opposition Councilman Merrick made a motion, seconded by Councilman Riggs, to DENY the application of the Ci:y of Virginia Beach for a Change of 7oning District Classification from B-2 Conmunity-Business District to A-1 Apartment District. (Rose Hall), as it is sur- rounded by B-2 zoning and is not i proper pla(e for an apartment com pl ex. Councilman Payne offered a SUBSTI.UTE MOTION lo approve the ap- plication of the City of Virginia Beach for a Change of Zo@n Classification froin B-2 Community-Business Di!trict to A-1 Apartment District, seconded by C)uncilman Balm. THE RECORDED VOTE ON THE SUBSTITUFE MOTION IS AS FOLLOWS: Voting: 6 - 4 Council Members Voting Aye: John A. Baum, George R. F rrell, Clar nce A. Holland, J. Henry McCoy, r., J. Curt s Payne, and Patrick L. Sta.ding Council Members Voting Nay: F. Reid Ervin, Barbara M.ienley, Dona d W. Merrick, and Roger L. Rig3s Council Members Absent: Meyera E. Oberndorf THE ABOVE SUBSTITUTE MOTION PASSE), THEREFORE, CITY COUNCIL VOTED TO APPROVE THE FOLLOWING ORDINANC7 UPON APPLIIATION OF THE CITY OF VIRGINIA BEACH FOR A CHANGE OF ZONING DISTI@ICT CLASSIFICATION FROM B-2 COMMUNITY-BUSINESS DISTRICT TO A-1 AIIARTMENT DISTRICT. (ROSE HALL) 5 7 7 9 - 7 3 - ORDINANCE UPON APPLICATIO4 OF THE CIT OF Z0579427 VIRGINIA BEACH FOR A CHAN',E OF ZONING DISTRICT C LASS I Fl CAT I ON FROM B-2 C DMMUN I TY-BTJS NE SS DISTRICT TO A-1 APARTMENT DISTRICT BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 'IRGINIA BEACH, VIRGINIA, that: An Ordinance upon Application of the City of /irginia Beach for a Change of Zoning District Classification from B-2 Community- Business District to A-1 Apartment District ol certain property located 350 feet South of Virginia Beach Boul@vard, beginning at a point 1290 feet more or less East of Grovelind Road, running a distance of 971.51 feet along the Western pro)erty line, running a distance of 690 feet along the Southern pro)erty line, running a distance of 50 feet in a Northeisterly diretion, running a distance of 280 feet in a Northerly direction, running a distance of 50 feet more or less in a Southwesterly di,ection, running a distance of 246.60 feet in a Nortiwesterly di-ection, running a distance of 230.98 feet in a Nortierly direction, running around a curve in a Northeasterly direction a distane of 138.13 feet, running a distance of 106.78 feet in a Northw@sterly direction, running a distance of 320.52 feet along the N,rthern property line, running a distance of 84.60 feet in a Southwe,terly direction and running a distance of 170.26 feet in a Northw?sterly direction. Said parcel is a portion of Rose iall and con'ains 13.6 acres. LYNNHAVEN BOROUGH Approval is subject to the following conditiols in conjunction with the intended use of the land: 1. Standard improvements as required by the Site Plan Ordinance 2. City water and sewer This ordi na nce s ha l 1 be ef f ective upon date of adopt ion. Adopted by the Council of the City of Virginia Beach, Virginia on the 7th day of May, 1979. 5 7 7 9 - 7 9 - (ITEM II-H.c.l.) ITEM #13701 VICE MAYOR McCOY LEFT COLINCIL CHAMBERS On motion by Councilman Holland, seconded by Councilman Payne, City Council voted to APPROVE the ordinance to amend and reordain Article 2, Section 229 of the Comprehensive Zoning Ordinance pertaining to home occupation. Voting: 9 - 0 Council Members Voting Aye: John A. Baum, F. Reid Ervin, George R. Ferrell, Barbara M. Henley, Clarence A. Holland, Donald W. Merrick, J. Curtis Pa@ne, Roger L. Riggs, and Patrick L. Standing Council Members Voting Nay: None Council Members Absent: J. Henry McCoy, Jr., and Meyera E. Oberndorf 5 7 7 9 -80- AN ORDINANCE TO AMEND AND REOR)AIN ARTICLE 2 SECTION 229 OF THE COMPREHENS VE ZONING ORDIIANCE PERTAINING TO HOME OCCUPATIOI BE IT ORDAINED BY THE COUNCIL (F THE CITY OF IIRGINIA BEACH, VIRGINIA: That Article 2, Section 229, H(me Occupation, of the C.Z.O. is amended and reordained as follows: In districts where they are getierally permitt?d, an occupation may be conducted in a dwelling unit, provided that: (a) Unless specifically set fi)rth in the use permit, no person other than a member of thi@ family resicing on the premises shall be engaged in such )ccupations; (b) The use of the dwelling uiit for the home! occupation shall be clearly incidental and subordinate to its use for residential purposes by i-s occupants, and not more than twenty (20) percent of th@ floor area of the dwelling unit shall be used in the condact of the home occupation; (c) There shall be no change in the outside appearance of the building or premises, or iny visible evidence of the con- duct of such home occupation other than one (1) sign, not exceeding one (1) square -7oot in area' non-illuminated, and mounted flat against -,he wall of the residence; (d) No home occupation shall ])e conducted in an accessory building or elsewhere on -,he premises_unless specifically allowed by the requiremen's of the su@ect district; (e) No traffic shall be generiited by such honie occupation in greater volumes than woul(i normally be expected in the neighborhood, and any neeil for parking generated by the conduct of such home occul)ation shall be met off the street and other than in ii required front yard; (f) The following are specifi ally excluded as home occupations: beauty parlor, barber sho,, convalescent or nursing home, tourist home, massage parfor, radio or television repair shops or similar establisiments. Adopted by the Council of the :ity of Virginia Beach, Virginia, on the APPROVAP AS TO CONTENT 7th day of May 1979. SiCi ',.TU,@ CITY Al 10,@N EY 5 / 77 -8 1- (ITEM II-H.c.2.) ITEM #13702 On motion by Councilman Holland, seconded by @ouncilman Payne, City Council voted to APPROVE the ordinance to ameid and reordain Article 4, Section 401 of the Comprehensive Z)ning Ordinance pertaining to home occupation. Voti ng : 9-0 Council Members Voting Aye: John A. Baum, F. Reid Ervin, George R. Ferrell , Barbara M. Henley, Clarence A. Hollan,i, Donald W. Merrick, J. Curtis Payne, Roger L. Riggs, and Patrick L. Standing Council Members Voting Nay: None Council Members Absent: J. Henry McCoy, Jr. and Meyera E. Obe,ndorf ITEMS 13701 and 13702 were voted on as ONE IT-M. 5 7 7 9 8 2 - AN ORDINANCE TO AMEND AND REOODAIN ARTICLE 4, SECTION 401 OF THE COMPREHENSIVE ZONING ORDINANCE PERTAINING TO HOME OCCUPATI(N BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Article 4, Section 401(c), Conditional USEs and structures, of the C.Z.O. is amended and reordained as follows: (10) Home occupations, including those ccnducted outside the @incipal structure; (11) @;94 Homes for the aged, disabled or hancicapped, including convalescent or nursina homes; maternity homes; child care centers, day nurseries, other than those covered as permitted principal uses and strlctures hereinabove, when not operated by a public agenc3; (12) @414 Hospitals and sanitariums; (13) k424 Marinas, including fa,.ilities for storage and repair of boats and sale of boating supplies and fuel; (14) k434 Mobile homes, providej that they shall be located on land otherwise used fDr agricultural purposes, that they shall not exceed ten (10) per farm, that they shall be used only as shelter for laborers on that farm, and that they shall be allowed only on farms greater than two hundred and fifty (25)) contiguous acres in size, under the same ownership; (15) @44@ Monasteries and conveits; (16) k464 Museums and art galle@ies when not operated by a public agency; (17) kIG@ Private schools havinj academic curriculums similar to public schools; (18) @4@4 Public utility transf)rmer stations and major transmission lines and towers (50,)00 volts or more); (19) @494 Recreation and amusem?nt facilities of an outdoor nature other than as specifi?d under permitted principal uses and structures, which may be partially or temporarily enclosed on a seasonal basis with approval of City Council; (20) k494 Recreational campgrou ds; 'z/7/70 -gi- (21) @204 Riding academies, hor;es for hire oy boarding; (22) @214 Storage, offices or maintenance installations for public utilities; (23) @224 Television or other b@oadcasting stations and line-of-sight relay devices; (24) @234 Lodges for fraternal )rganizations; (25) @244 Two family detached diellings. Adopted by the Council of the City of Virginia Beach, Virginia, on the 7th day of May 1979. APPRC V ONTENT AS TO C ,IGII,ITII (/-;7 APZ:glil@VED AS TO FORM CITY ATTC)PNEY 5 7 7 -8 4 - (ITEM II-H.d.) ITEM #13703 On motion by Councilman Payne, seconded by Coincilwoman Henley, City Council voted to APPROVE the ordinance upon application of Raymond and Melinda Kauffman for a Conditional Use Permit for a home occupa- tion to manufacture dutch barns (utility sheds). ORDINANCE UPON APPLICATION OF RAYMOND AND MELINDA R0579245 KAUFFMAN FOR A CONDITIONAL USE PERMIT FOR A home occupation to manufacture dutch barns (utility sheds) . BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, that: An Ordinance upon Application of Raymond and Melinda Kauffman for a Conditional Use Permit for a home occupation to manufacture dutch barns (utility sheds@on certain property located on the West side of North Landing Road beginning at a point 352 feet North of the North Landing Bridge, running a distance of 390 feet along the West side of North Landing Road, running a distance of 190 feet along the Northern property line, and running a distance of 450 feet more or less along the Western property line. Sail parcel contains 1.1 acre. PRINCESS ANNE BOROUGH. Approval is subject to the follohing conditions in conjunction with the intended use of the land: Planning Commission Recommendation: A motion was passed unanimously by the Planning Commission by a recorded vote of 10 to approve this request subject to the follow- ing conditions in conjunction with the intended use of the land: 1. Compliance with Article 2, Section 229 of the Comprehensive Zoning Ordinance pertaining to home occupations. 2. Not more than four employees other than family members, shall be engaged in this activity. This ordinance shall be effective upon date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the 7th day of May, 1979. Voti ng : 9- 0 Council Members Voting Aye: John A. Baum, F. Reid Ervin, George R. Ferrell, Barbara M. Henley, Clarence A. Holland, Donald W. Merrick, J. Curtis Pa@ne, Roger L. Riggs, and Patrick L. Standing Council Members Voting Nay: None Council Members Absent: J. Henr McCo Jr. and e era E. Obe ndorf - 8 5 - (ITEM II-H.e.) ITEM #13704 VICE MAYOR McCOY RETURNED TO CHAMBERS AT THE END OF THE DISCUSSION OF THIS ITEM. THIS ITEM AND ITEM #13705 WERE VOTED ON AS ONE ITEM. Mr. Grover C. Wright, Jr., Attorney, representing the applicant, appeared and requested a TWO WEEK DEFERRAL. Mr. Sam Houston appeared and requested Staff to notify him when the ordinance and conditional use permit were put back on the agenda docket. On motion by Councilman Riggs, seconded by Councilman Holland, City Council voted to DEFER FOR TWO WEEKS the application of Greenco Corporation for a Conditional Use Permit for a recreational facility of an outdoor nature (amusement park). An Ordinance upon Application of Greenco Corporation for a Conditional Use Permit for a recreational facility of an outdoor nature (amusement a@rk) on certain property located on the East side of Atlantic Avenue beginning at the Southern boundary of 31st Street, running a distance of 60 feet along the East side of Atlantic Avenue, running a distance of 150 feet along the Northern property line, running a distance of 60 feet along the Eastern property line and running a distance of 150 feet along the Southern property line. Said parcel contains .2 acre. VIRGINIA BEACH BOROtiGH. Planning Commission Recommendation: A motion was passed unanimously by the Planning Commission by a recorded vote of 10 to deny this request. It was felt it would be inappropriate to locate the proposed use within a city right-of-way. Vot ing : 9 - 0 Council Members Voting Aye: (for deferral) John A. Baum, F. Reid Ervin, George R. Ferrell, Barbara M. Henley, Clarence A. Holland, Donald W. Merrick, J. Curtis Payne, Roger L. Riggs, and Patrick L. Standing Council Members Voting Nay: None Council Members Abstaining: J. Henry McCoy, Jr. Council Members Absent: Meyera E. Oberndorf 5 7 7 9 - 8 6 - (ITEM II-H.e.) ITEM #13705 VICE MAYOR McCOY RETURNED TO CHAMBERS AT THE END OF THE DISCUSSION ON THIS ITEM. THIS ITEM AND ITEM #13704 WERE VOTED ON AS ONE ITEM. Mr. Grover C. Wright, Jr., Attorney, representing the applicant, appeared and requested a TWO WEEK DEFERRAL. Mr. Sam Houston appeared and requested Staff to notify him when the ordinance and conditional use permit were put back on the agenda docket. On motion by Councilman Riggs, seconded by Councilman Holland, City Council voted to DEFER FOR T140 WEEKS the ordinance to authorize a temporary encroachment into a portion of the right-of-way of 31st Street to Greenco Corporation. Voting: 9-0 Council Members Voting Aye: (for deferral) John A. Baum, F. Reid Ervin, George R. Ferrell, Barbara M. Henley, Clarence A. Holland, Donald W. Merrick, J. Curtis Payne, Roger L. Riggs, and Patrick L. Standing Council Members Voting Nay: None Council Members Abstaining: J. Henry McCoy, Jr. Council Members Absent: Meyera E. Oberndorf 5 7 7 9 - 8 7 - AN ORDINANCE TO AUTHORIZE A TEMPORARY ENCROACHMENT INTO A PORTION OF THE RIGHT-OF-WAY OF 31ST STREET TO GREENCO CORPORATION. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That pursuant to the authority and to the extent thereof contained in Section 15.1-893, Code of Virginia, 1950, as amended, Greenco Corporation is authorized to erect and maintain temporary encraochments into the City.right-of-way of 31st Street. That the temporary encroachments herein authorized are for the purpose of providing amusement facilities and landscaping on 31st Street; and that such facilities and landscaping shall be erected and maintained in accordance with the City of Virginia Beach Planning Department's specifications and approval as to size, alignment and location. PROVIDED, HOWEVER, that the temporary encroachments herein authorized shall teminate upon notice by the City of Virginia Beach to any officer of Greenco Corporation, and that within sixty (60) days after such notice is given, such encroachments shall be removed from the City right-of-way of 31st Street by Greenco Corporation, their agents or employees; and that Greenco Corporation shall bear all costs and expenses of such removal. AND, PROVIDED FURTHER, that it is expressly understood and agreed that Greenco Corporation shall indemnify and hold harmless the City of Virginia Beach, its agents and employees, from and against all claims, dafmges, losses and expenses including reasonable attorney's fees in case it shall be necessary to file or defend an action arising out of the location or existence of such temporary encroachments. AND, PROVIDED FURTHER, that nothing herein contained shall be construed to enlarge such permission and authority to permit the maintenance or construction of any encroachment other than those specified herein and to the limited extent specified herein, nor to permit the maintenance or construction of any encroachments by anyone other than Greenco Corporation.