HomeMy WebLinkAboutDECEMBER 4, 1989
"WORLD'S LARGEST RESORT CITY"
CnY COUNCIL
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CITY COUNCIL AGENDA
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December 4, 1989
ITEM 1. CITY MANAGER'S BRIEFING - Conference Room - 11:00 M
A. WATER AND SEWER RATES
Mr. Clarence Warnstaff
Director of Public Utilities
ITEM 11. COUNCIL CONFERENCE SESSION - Conference Room - 11:40 AM
A. CITY COLNCIL CONCERNS
ITEM 111. IWCRMAL SESSION - Conference Rc>om - 12: NOON
A. CALL TO ORDER - Mayor Mayera E. Oberndorf
B. ROLL CALL OF CITY COUNCIL
C. MOTION TO RECESS INTO EXECUTIVE SESSION
D. L U N C H
ITEM IV. FORMAL SESSION - Council Chamber - 2:00 PM
A. INVOCATION: Chaplain Frank Mintjal, USN
Oceana Naval Air Station
B. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
C. ELECTRONIC ROLL CALL OF CITY COUNCIL
D. CERTIFICATION OF EXECUTIVE SESSION
E. MINUTES
1. PUBLIC HEARING
SCHOOL BOARD APPOINTMENTS - Novernber 15, 1989
2. INFOFVAL & FORAAL SESSIONS - November 20, 1989
F. ORDINANCE
1. CAPITAL IMPROVEMENT PROGRAM
Ordinance upon SECOND READING to adopt the FY 1989-90/FY
1993-94 Capital lmprovernent Program and to appropriate
$139,636,771 for the FY 1989-90 Capital Budget subject
to funds being provided frorn various sources set forth
therein.
Ordinance upon SECOND READING authorizing the issuance
of General Obligation Bonds of the City of Virginia
Beach, Virginla, In the maximln amount of $8,000,000 for
Road, Highway and Bridge purposes.
ordinance upon SECOND READING authorizing the Issuance
of General Obligation Bonds of the City of Virginia
Beach, Virginia, in the maximlrn amount of $29,200,000
for various Public Facilitles and General Improvements.
Ordinance upon SECOND READING authorizing the issuance
of Water and Sewer Revenue Bonds of the City of Virginia
Beach, Virginia, in the maximun arnount of $8,940,000.
Ordinance upon SECOND READING establishing the Tax Levy
on Real Estate for Tax Fiscal Year 1991.
G. CONSENT AGENDA
Al I matters I isted under the Consent Agenda are consldered in the
ordinary course of business by City Council and wi I I be enacted by
one motion in the form listed. If an Item is removed from the Consent
Agenda, it will be discussed and voted upon separately.
1. Ordinance, upon FIRST READING, to APPROPRIATE $9,526,922 for Fiscal
Year 1990 for the payment of purchase orders brought forward from
Fiscal Year 1989.
2. Ordinances, upon FIRST READING, to the Department of Wntal
Health/Mental Retardation and Substance Abuse:
a. To APPROPRIATE $45,000 for purchase ot treatment services for a
Prader-Willi Syndrome Client.
b. To APPROPRIATE $30,050 for consulting clinical services to the
Child Day Treatment Program.
c. To APPROPRIATE $10,000 for planning under Public Law 99-457.
3. Ordinance to TRANSFER $312,320 from various Departments within the
FY 1989-1990 Operating Budget to establish a Developinent Services
Center.
4. Ordinances to authorize temporary encroactnents:
a. The City's property known as Lake Windsor to Archle and Doris
English at 405 Maplewood Court (KEMPSVILLE BOROUGH).
b. Port I on o f the r i 9 h t-o f -wa yof Lynnhaven Promenade (an
unimproved paper street) to Bruce and Esther Jacobson at 2068
Tazewell Street (BAYSIDE BOROUGH).
c. The City's property known as a 201 strip surrounding Lake Joyce
to Joe B. Overfelt and Sheila J. Overfelt at 4425 Lee Avenue
(BAYSIDE BOROUGH).
5. INDIAN RIVER ROAD PHASE IV:
a. Ordinance to TRANSFER $80,000 to Indian River Road - Phase IV
Water and Sewer Projects (/15-037 and SS6-978) to cover utility
betterment costs and to award the construction contract.
b. LOW BID:
ASPHALT ROADS AND MATERIALS CCMPANY, INC.
Indian River Road, Phase IV (CIP 2-065) $2,415,798.76
Indian Lakes Boulevard, Phase 11 (CIP 2-083) 391 758.67
Total Bid $2,807,557.43
6. LOW BIDS:
a. BRLSTOL BABCOCK Control Center $1,315,345.00
Modernization
(CIP 5-968)
b. CONTRACTORS PAVING 1989-90 Curb and $ 236,806.24
CO., INC. Gutter Replacement
Proj ect
7. Ordinance authorizing tax refunds in the amount of $416.32.
8. Ordinance authorizing license refunds in the amount of $18,645.34.
H. APPOINTMENTS
BOARD OF BUILDING CODE APPEALS (New Construction Division)
COMMUNITY SERVICES BOARD
FRANCIS LAND HOUSE BOARD OF OOVERNORS
PENDLETON PROJECT MANAGEMENT BOARD
PLANNING C04MISSION
RESORT AREA ADVISORY COMMISSION
SCHOOL BOARD
VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION
VOLUNTEER COUNCIL
1. UNFINISHED BUSINESS
J. NEW BUSINESS
1. CITY COUNCIL HOLIDAY SCHEDULE
December 1989 and January 1990
K. ADJOLIRNMENT
11/30/89
lbs
NOTICE OF PUBLIC HEARING
CITY OF VIRGINIA BEACH, VIRGINIA
FOR THE 1989-1990 FISCAL YEAR
Pursuant to Chapter 2, Section 2-187.1 of the City Code,
apublic 11 be held by the City Council in
Council = on the second floor of the City Hall
Building on Monday, December 4,1989 at 2:00 p.m. to
discuss proposed increases in the Operating Budget for
the FY 1989-90 as shown below. The increases are for
purchase commftments made and charged to the
operating budget for fiscal year 1988-1989, but will not
be delivered and invoiced until FY 1989-1990.
PROPOSED INCREASES BY FUND
General $6,614.962 City Garage $37,349
School Operating 1,991,020 Pendleton Child
Water and Sewer 264,284 Service Center 1,187
Telecommunications 249@636 Risk Management 8,773
Golf Course 20,427 MH/MR/SA 100,018
commulli Corrections 61,091 Resort Parking 193
Mairne SCiYnce Museum 32,702 Microcomputer 138,376
Print Shop 6,904
Total Outstanding $9,526,922
lndividualsdesiringtoprovideoralorwrittencomments
may do so by registe(ing in person with the Clerk's office
on the second floor on the Cfty Hall Building, or by calling
427-4303 before the hearing begins.
Ruth Hodges Smfth, CMC
MI NU -r ES
VIRGINIA BEACii CITY COUNCIL
Vlrgitila Bcicii, Virginla
December 4, 1989
The CITY MANAGER'S BRIEFING relative WATER AND SEWER RATES for the VIRGINIA
BEACH CITY COUNCIL was called to order by Mayor Meyera E. Oberndorf in the
Conference Room, City Hall on Monday, December 4, 1989, at 11:00 A.M-
Council Members Present:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley,
Reba S. McClanan, John D. Moss, Mayor Meyera E.
Oberndorf, Nancy K. Parker and William D. Sessoms.
Council Members Absent:
John L. Perry (ENTERED: 11:53 P.M.)
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C I T Y M A N A G E R 'S B R I E F I N G
WATER AND SEWER RATES
11:00 A.M.
ITEM # 32094
Clarence Warnstaff, Director of Public Utilities, with the assistance of visual
aids, presented information relative Water and Sanitary Sewer Utility Rate
Adjustment for FY 91. Said information was also distributed to @tembers of City
Council and is hereby made a part of the record. In early 1987, a Consultant
was commissioned to develop a financial plan for the water and sewer utility
which would include a projection of revenues and expenditures for a 5-year
period. The Consultant was directed to examine the impact on water and sewer
rates as a result of building the Lake Gaston Project. In June 1987, the
results of the aforementioned analysis was related to Members of City Council.
The recommendation contained therein advised there was no immediate need to
raise water or sewer rates. Adjustments were made two years ago in sone of the
miscellaneous fees and charges imposed upon the customer. The most significant
recommendation advised the City should commence a program of implementing the
rate increases necessary for the Lake Gaston Project. The Consultant
recommended rates be increased over a four-year period. This would enable the
City to be in a financial position to go forward with the construction of the
Lake Gaston Project.
The Department of Public Utilities requested the Consultant to re-examine the
1987 Study and update same. There have been adjustments in the water and sewer
rate since 1983 due to two factors: Lake Gaston and the higher cost of
purchasing water from the City of Norfolk.
Recommended Water Rate Increase
Current Water Rate $ 2.51 per 1000 gallons
Water Rate
Effective July 1, 1990
(Lake Gaston Increase
#4 ADOPTED June 5, 1989) $ 2.69 per 1000 gallons
Recommended Increase $ .13 per 1000 gallons
(4.8%)
Recommended Water Rate to
be effective July 1, 1990 $ 2.82 per 1000 gallons
Impact of Recommended Water Rate Increase
Average Residential "Water" Billing Per Month
July 1, 1990 (Includes Lake $14.49
Gaston Rate Increase #4)
Recommended -- Effective $20.52
July 1, 1990
Increase $ 1.03 per month
(5.3%)
Recommended Sanitary Sewer Rate Increase
It is recommended that sanitary sewer rates be increased 7.5%
Residential
Current Charge per month $ 9.46
Recommended $10.17
Increase $ .71
(7.5%)
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C I T Y M A N A C E R 'S B R I E F I N G
WATER AND SEWER RATES
ITEM # 32094 (Continued)
The Commerical Rates are based upon the size of the sanitary sewer lateral that
connects to the City's mains. The larger customers, of course, pay more. The
commercial rates would also increase by 7.5%.
Impact of Recommended Water and Sanitary Sewer Rate Increase
July 1, 1990 (Includes Lake
Gaston Rate Increase #4) Water: $19.49
Sanitary Sewer: 9.46
TOTAL: $28.95
Recommended - Effective
July 1, 1990 Water: $20.52
Sanitary Sewer: 10.17
TOTAL: $30.69
Increase $ 1.74
(6.0%)
Councilman Moss inquired whether the base report addressed to what extent the
rate increases are driven by increases in fixed expenses vs. increases in
variable expenses. In referencing Chart No. 2, Recommended Water Rate Increase,
Mr. Warnstaff advised Councilman Moss the current rate for water service is
$2.51. This includes Lake Gaston Increase #3. The rate effective July 1990
(Lake Gaston Increase #4 - 18cts) would be $2.69. The recommended rate increase
for the water and sewer utility other than for Lake Gaston is 13cts. The $2.82
recommended water rate increase effective July 1, 1990, is derived from adding
the 13cts to $2.69. The charts will be further clarified to reflect this amount.
Mr. Warnstaff advised the average residential "Water and Sanitary Sewer"
billing per day is $1.00 per day. The recommendations before City Cuncil would
increase same to $1.06 per day.
Cost of Service Study Findings
Forecast rate adjustments FY 91, FY 92, FY 93
Revenue growth slow
Debt Service increasing -- significant
Issue bonds for CIP
Revenue deficiency $3.IM FY 91
Debt Service increase $2.8M FY 91
Last general rate increase in 1983.
Cost of Service
FY 91 (Millions)
Revenue $ 51.3
Operations and
Maintenance (24.9)
Purchase of Water (13.0)
Equity Funding ( 2.0)
Debt Service (14.5)
TOTAL $(54.4)
Revenue Deficiency $( 3.1)
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C I T Y M A N A G E R tS B R I E F I N G
WATER AND SEWER RATES
ITEM # 32094 (Continued)
Mr. Warn5taff advised Counci lwoman Parker the City of Norfol k sel I s water to
Virginia Beach and some water to Chesapeake. The City's water rates tend to be
higher than other Cities with the exception of Cnesapeake. Virginia Beach is in
the Coastal Plain area and thus it is very expensive to bring in raw water,
which i5 reflected in the cost of the Lake Gaston Project. Virginia Beach is a
young City. The water system in existence has been built within the last ten to
twelve years. Debt, of course, is associated with this system. Utility Systems
are designed to last fifty or more years. Debt i s us ua I I y pa !d of t in twenty
to twenty-five years. The cost to treat water in the decade of the nineties
will be increased more than ever and this Is driven by changes in Federal Law.
Water and Sanitary Sewer CIP Influences
Public Health Concerns
Environmental Concerns
Neighborhood Needs
Highway Progran Coordination
System Needs
Funding
Water & Sewer Rate Increases
Public Utilities Department CIP Projects
Water Projects 71
Sanitary Sewer Projects 52
Total NLnber of Projects 123
Estimated Cost (Millions): $365.0
33% of City Program
Financing to Date $288.3
Five Years 90-94 $ 76.7
With reference to the Water Program, there are 71 specific CIP Projects with 15
neighborhood projects in CIP 5-306. Relative the Sanitary Sewer Program, there
are 52 CIP Projects.
The I ist of the Neighborhood Sewer Program Projects does not incl ude Sandbridge
In accordance with City Councills deletion.
With adoptlon of the Rate Increase:
Continue CIP
$10.3-MILLION in FY 89 can be sold
$8.9-MILLION in FY 90 can be sold
Maintain financial integrity
Timely improvernents
Extend the public system
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C I T Y M A N A G E R 'S 8 R I E F I N G
WATER AND SEWER RATES
ITEM # 32094 (Continued)
The Util lty Enterprise Fund Is sel f-contained and sel f-supporting. Tax revenues
are not received from the City to subsidize the operations.
As per request of Councilman Nbss, information w! I I be provided rel ative cost
reduction initiatives, trends, productivity, maintenance, labor costs
(overtime, et cetera) . Counci Iman Moss advised $24.90-MILLION is considerable
for Operations and Malntenance. Cost needs to be examined as closely as raising
fees.
- 6 -
C ON C E R N S OF T HE MAYOR
ITEM # 32095
Mayor Oberndorf qdvised the City of Virginia Beach won the Public Technology
Award for a Methane Resource Recovery Plan. This National Award is in
recognition of the City's sensitivity to environmental concerns and the ability
to heat 10,000 homes with 150,000 barrels of oil a year. Thus, protecting the
ozone layer and generating $20,000 revenue per year for the City's General
Fund. This is accomplished by capturing the Methane Gas being emitted from
Mount Trashmore II. A hazardous substance "s converted into a safe, non-
polluting fuel source.
TTEM # 32096
Mayor Oberndorf referenced the publication "City & State" of November 20, 1989.
Virginia Beach was rated as number 19 in the Top 50 Cities Fourth Annual City
Financial Report.
- 7 -
C I T Y C 0 U N C I L C 0 N C E R N S
ITEM # 32097
Councilman Baum referenced mail received in the City Council boxes. Councilman
Baum requested the source of the material be identified by the City Manager's
and City Clerk's office. Perhaps, this material could be stamped "Requested by"
-- followed by the name of the particular individual or department.
ITFAM # 32098
Councilman Baum inquired if the City is proposing to act on the Chesapeake Bay
Preservation Act. Thomas Martinsen, Deputy City Manager, advised this item is
being considered by the Planning Commission and should be brought to the City
Council within approximately four weeks. Councilman Baum believed this
defeated the purpose, if same is not acted on prior to the consideration of the
Transfer of Development Rights. The City Manager advised the SCHEDULING of this
action is entirely up to the City Council.
ITEM # 32099
Councilman Baum referenced the newspaper article related to the City appealing
the decision of the Court concerning the latest downzoning case. The City
Manager advised this item will be brought forward for discussion.
TTEM # 32100
Vice Mayor Fentress advised the Statement forwarded to Members of City Council
in their Agenda Package was NOT a Statement of Dr. E. E. Brickell, but rather
Dr. Joe E. Buchanan.
ITEM # 32101
Vice Mayor Fentress referenced the article in The Virginia Observer of December
1, 1989, relative George Hamar, who recanes old rataan chairs at his home. Mr.
Hamar is not the next door neighbor of Vice Mayor Fentress' sister. Vice Mayor
Fentress does not have a sister. Vice Mayor Fentress has requested the
Department of Permits and Inspections investigate the area of home businesses.
Mr. Hamar objects to paying for the process of a Conditional Use Permit.
Councilman Perry advised he has known George Hamar for approximately thirty
(30) years.
Councilwoman Henley believed it was the City's responsibility to clarify an
accessory use and a principal use as opposed to a Conditional Use. This case
is similar to the application of RICHARD G. AND TRACEY L. CARNER for a
CONDITIONAL USE PERMIT for a home occupation (leather crafting) APPROVED by
City Council on October 23, 1989.
Mayor Oberndorf believed where there were differences of opinion in a
neighborhood relative appropriateness, the citizens should be aware of the
implications of a redefinition. Mayor Oberndorf requested clarification. If the
verbiage is adjusted will it just apply to a certain age group or will it be
across the Board? Mayor Oberndorf requested information concerning the number
of cases similar to this one, which are pending and the neighborhoods, so
these individuals might expect the same concern and treatment. The City
Attorney, advised any definition must be an across-the-board definition which
would affect the general public at large.
As per Councilwoman Henley's suggestion, the City Attorney advised the
procedure might be similar to the administrative approval of an encroachment.
If certain criteria applies to the administrative procedure, the application
would not have to come before City Council. The City Manager will SCHEDULE a
BRIEFING for City Council.
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C I T Y C 0 U N C I L C 0 N C E R N S
ITEM # 32102
Councilman Moss referenced the article in today's newspaper, December 4, 1989,
and a citizen's concern relative same. The Central Business District Plan being
proposed is well below the capacity of the current zoning. Councilman Moss
believed there was misunderstanding relative the function of TRANSFER OF
DEVELOPMENT RIGHTS. Prior to the adoption of the actual TDR ordinance,
Councilman Moss requested a discussion of the Receiving Areas.
ITEM # 32103
Councilwoman McCianan requested discussion relative the borrow pit being filled
in the Homestead area. The City Manager advised a report is forthcoming.
Mayor Oberndorf advised of concerns relative the 120-foot buffer and the road
not being opened at the end of the Homestead development.
ITEM 32104
Councilwoman Parker referenced the information relative the Surfside at
Sandbridge Sewerage Treatment Plan and the desire for City Council's action.
ITEM 32105
Councilwoman Henley reminded Members of City Council relative the Land Use
Seminar "INNOVATIVE GROWTH MANACEMENT TECHNIQUES" scheduled for December 7 and
8, 1989 at the Cavalier Hotel and requested those Members of City Council who
will be attending to please advise Robert Matthias, Inter-govenmental Relations
Co-ordinator.
ITEM # 32106
Councilman Perry again referenced the cars supposedly for sale on a lot on the
corner of Baker Road.
- 9 -
ITEM # 32107
The INFORMAL SESSION of the VIRGINIA BEACH CITY COLINCIL was cal led to order by
@yor Nbyera E. Oberndorf in the Conference Roorn, City Hal IBuilding, on
Mc)nday, December 4, 1989, at 12:20 P.M.
Council Members Present:
Albert W. Balko, John A. Baun, Vice %yor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, Reba
S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf,
Nancy K. Parker, John L. Perry and William D.
Sessoms, Jr.
Council Members Absent:
None
- 10 -
ITB4 # 32108
Mayor Wyera E. Oberndorf entertained a motion to permit City Council to
conduct its EXECUTIVE SESSION, pursuant to Section 2.1-344, Code of
Virginia, as amended, for the fol lowing purposes:
1. PERSONNEL MATTERS: Discussion, consideration or interviews of prospective
candidates for ernployment, assignment, appo intment, promotion,
perforTnance, dernotion, salaries, disciplining, or resignation of specific
pub I ic of f Icers, appo intees or ernpl oyees pursuant to Section 2. 1-344 (A)
(1 ) . (1) Personnel Eval uations : City Clerk, City Assessor (2)
Appointments: Boards and Commissions - Terms E)<plre 12/31/89.
2. PUBLICLY FELD PROPERTY: Discussion or consideration of the condition,
acquisition or use of real property for public purpose, or of the
disposition of publicly held property, or of the plans for the future of
an institution which could affect the value of propertyowned or desirable
for ownership by such institution pursuant to Section 2.1-344(A) (3). (1)
School Site Acquisition.
3- LEGAL MATTERS: Consultation with legal counsel or briefings by staff
members, consultants or attorneys, pertaining to actual or probable
I ltigation, or other specific legal matters requesting the provision of
legal advice by counsel pursuant to Section 2. 1-344 (A) (7). Actual Or
probable litigation or other specific legal matters are the following: (1)
TCM Associates and Teachey v. City of Virginia Beach.
Upon mot i on by V i ce Ma yor Fen tress , second ed by 00 unc I I man Moss, C i ty
Council voted to proceed into EXECUTIVE SESSION.
Voting: 11-0
Council Wmbers Voting Aye:
Albert W. Balko, John A. Baun, Vice %yor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, Reba
S. McClanan, John D. Moss, Mayor Wyera E. Oberndorf,
Nancy K. Parker, John L. Perry and William D.
Sessoms, Jr.
Council Mefnbers Voting Nay:
None
Council Members Absent:
None
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F OR MA L S E S S I ON
VIRGINIA BEACH CITY COLJNCIL
Decernber 4, 1989
2: 00 P. M.
Veyor %yera E. Oberndorf cal lad to order the FOF44AL SESSION ot the VIRGINIA
BEACH CITY COUNCIL in the Council Chambers, City Hal I Building, on Monday,
December 4, 1989, at 2:00 P.M.
Council %mbers Present:
Albert W. Balko, John A. BaLfn, Vice Voyor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, Reba
S. McClanan, John D. Moss, Mayor Nbyera E. Oberndorf,
Nancy K. Parker, John L. Perry and William D.
Sessoms, Jr.
Council Mernbers Absent:
None
INVOCATION: Chaplain Frank Mintjal, USN
Oceana Naval Air Station
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE LINITED STATES OF AMERICA
- 12 -
Item IV-D.l.
CERTIFICATION OF
EXECUTIVE SESSION ITEM # 32109
Upon motion by ()o unc! I man Baum, seconded by Co unc i I man Sessoms, Ci ty C<) unc i I
ADOP'rED:
CERTIFICATION OF EXECUrfVE SESSION
On] y pub l ic bus i ne ss matters I awf uII y ex em pted f rorn
open %eting requirements by Virginia law were
d i sc ussed in E)<ecutive Session to which this
certification resolution applies;
AND,
Only such public business matters as were
identified In the motion convening this Executive
Session were heard, discussed or considered by
Virginia Beach City Council.
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baun, Vice @yor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, Reba
S. McClanan, John D. Moss, Veyor %yera E. Oberndorf,
Nancy K. Parker, John L. Perry and William D.
Sessoms, Jr.
Council Members Voting Nay:
None
Council Mernbers Absent:
None
lKrtl,ulu toll
CERTIFICATION OF EXECUTIVE SESSIOt4
VIRGINIA BEACH CITY COUNCIL
WHEREAS: The Vi@gi.ia Beach City Council convened into EXECUTIVE SESSION, pursuant to
the affirmative vote recorded here and in accordance with the provisions of The Virginia
Freedom of Information Act; and,
WHEREAS: Section 2.1-344.1 of the Code of Virginia requires a certification by the
governing body that such Executive Sessio, was conducted in conformity with Virginia law.
NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council hereby certifies
that, to the best of each member's knowledge, (a) only public business ,atters lawfully
exempted from Open Meeting requirements by Virginia law were discussed in Executive Session to
which this certification resolution applies; and, (b) only such public business matters as
were identified in the motion convening this Executive Session were heard, discussed or
considered by Virginia Beach City Council.
MOTION;
Upon motion by Vice Mayor Fentress, seconded by Councilman Moss, City Council voted to proceed
into EXECUTIVE SESSION to consider:
1. PERSONNEL HATTERS: Discussion, consideration or interviews of prospective candidates for
employment, assignment, appointment, promotion, performance, demotion, salaries,
disciplining, or resignation of specific public officers, appointees or employees
pursuant to Section 2.1-344(A) (1). (1) Personnel Evaluations: City Clerk, City Assessor,
City Assessor (2) Appointments: Boards and Commissions - Terms Expire 12/31/89.
2. PUBLICLY HELD PROPERTY: Discussion or consideration of the condition, acquisition or use
of real property for public purpose, or of the disposition of publicly held property, or
of the plans for the future of an institution hich could affect the value of property
owned or desirable for ownership by such institution pursuant to Section 2.1-344(A) (3).
(1) School Site Acquisition.
3. LEGAL MATTERS: Consultation with legal counsel or briefings by staff members, consultants
or attorneys, pertaining to actual or probable litigation, or other specific legal matters
requesting the provision of legal advice by counsel pursuant to Section 2.1-344 (A) (7).
Actual or probable litigation or other specific legal matters are the following: (1) TCM
Associates and Teachey v. City of Virginia Beach.
VOTE: 11-0
Council Members Voting AYE: Council Members Voting NAY:
Albert W. Balko, John A. Baum, Vice Mayor Robert E. None
Fentress, Harold Heischober, Barbara @l. Henley,
Reba S. McClanan, John D. Moss, !,f,-,yor Meyera E.
Oberndorf, Nancy K. Parker, John L. Perry and
William D. Sessoms, Sr.
Council Members ABSTATNING: Council Members ABSENT for the Vote:
None None
Council Mernbers ABSENT for the Meeting:
None
R.lh Hodgs mth, CMC/AAE
City Clerk
- 13 -
Item IV-E.I.
MINUTES ITEM # 32110
Upon motion by Vice @yor Fentress, seconded by Councilman Heischober, City
Council APPROVED the MINUTES of the PUBLIC HEARING SCHOOL BOARD APPOINTMENTS of
Novernber 15, 1989, and the INFOR4AL AND FOR4AL SESSFONS of November 20, 1989.
Voting: 11-0
Oouncil Members Votlng Aye:
Albert W. Balko, John A. BaLfn, Vice Veyor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, Reba
S. McClanan, John D. Moss, Mayor Mayera E. Oberndorf,
Nancy K. Parker, John L. Perry and William D.
Sessoms, Jr.
C)ouncil Mernbers Voting Nay:
None
Council Members Absent:
None
- 14 -
Item IV-F.I.a
ORDINAWE ITEM # 32111
CAPITAL IMPROVEMENT PROGRAM
Colonel Robert E. Engesser, 5290 Vestry Drive, Phone: 499-3157, distributed to
Members of City Councll a request to the City Treasurer to be excused from
paying real estate taxes.
Major Dan Divinney, 1048 Beivoir Lane, Phone: 424-3571, President of Lake James
Horneowners Association - OPPOSED to Relocation of Centervil le Turnpike.
Charles P. Lane, 308 Teal Crescent, Phone: 721-3658, represented the Sandbridge
Sewer Committee - SUPPORTED Sandbridge Sewers.
Mol ly Brown, 2232 Sandbridge Road, Phone: 721-5011, represented Friends of Back
Back 'Save our Sandbridgel - OPPOSED to Sandbridge Sewers
Helen WDonald, 2360 Sandfiddler Rc)ad, Phone: 426-6653 - SUPPORTED Sandbridge
Sewers.
Maxine C. Graham, 3057 Sandpiper Road, Phone: 721-3000 - SUPPORTED Sandbridge
Sewers.
Upon motion by Councilman Heischober, seconded by Vice Mayor Fentress, City
Council ADOPTED, upon SECOND READING:
Ordinance upon SECOND READING to adopt the FY
1989-90/FY 1993-94 Capital lmproveinent Program and
to appropriate $139,636,771 for the FY 1989-90
Capital Budget subject to funds being provided from
various sources set forth therein.
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baun, Vice Veyor Robert E.
Fentress, Harold Heischober*, Barbara M. Henley,
Reba S. McClanan,** John D. Moss,*** Mayor Meyera E.
Oberndorf, Nancy K. Parker, John L. Perry and Wi I 1 i am
D. Sessoms, Jr.
C)ouncil Members Voting Nay:
None
Council Members Absent:
None
1 5
Item IV-F.l.a
ORDINANCE ITEM # 32111 (Continued)
CAPITAL IMPROVEMENT PROGRAM
The City Attorney advised Councilwoman McCianan the CAPITAL IMPROVEMENT PROGRAM
with the ADOPTION will be In place to fit In with the Conditional Zonlng
Ordlnance. Robert Scott, Director of Planning, and Gary Fentress, Assistant
City Attorney, have been endeavoring to determine the method Conditional Zoning
w! I I mesh with the CIP and the proffer process, as wel I as the Comprehensive
Plan. Information wi I I be presented during the December 11, 1989, City Council
Session.
Councilman MC)ss again advised Page 43 (ROADWAYS), PROJECT 2-045 Military
Highway shall be MODIFIED TO DELETE the Phase: "Includes a flyover ranp from
southbound Milltary Highway to eastbound Indian River Road". This was APPROVED
upon FIRST READING of the CIP (November 20, 1989).
*Councilman Heischober, pursuant to Virginia Conflict of Interest Act Section
2.1-639.14G of the Code of Vlrginia, VEFEALLY ABSTAINED on the Constitution
Drive and Salem Road Project as he is the owner of property at 4372 Holland
Road, which may be affected by said transactions. (Said letter Is hereby made a
part of the proceedings.)
**Councilwoman McClanan voted a VERBAL NAY on the Constitution Drive Flyover
Project.
***Councilman Voss voted a VERBAL NAY on the Courthouse Elementary School
(Adminlstration Annex) Project.
****The NAY votes of Council Members Baun, McClanan and Perry to the DELETION
of Sandbridge Sewers (Project No. 6-931), from the CAPITAL IMPROVE)4ENT PROGRAM
funding on the FIRST READING of the CIP (November 20, 1989) shall again be
reflected In the vote of the ADOPTION of the CIP.
*****The City Clerk referenced Councilman Moss's letter of Nbrch 30, 1989,
which pursuant to Section 2.1-639.14E of the Code of Virginia, Ann., DECLARED
although his wife is a teacher with the Virginia Beach School System, he is
able to review, make recornmendations and approve or deny a budget regarding the
School Board fairly, objectively and in the public interest. (Said letter is
hereby made a part of the proceedings.)
Item #1
I AN ORDINANCE TO ADOPT THE
2 FY 1989-90/FY 1993-94 CAPITAL
3 IMPROVEMENT PROGRAM AND TO APPROPRIATE
4 $139,636,771 FOR THE FY 1989-90
5 CAPITAL BUDGET SUBJECT TO FUNDS BEING
6 PROVIDED FROM VARIOUS SOURCES SET FORTH HEREIN
7 WHEREAS, the City Manager, on September 11, 1989, presented to City Council the
8 Capital Improvement Program for fiscal years 1990-94,
9 WHEREAS, City Council held public hearings on the program to provide for public
10 comment,
1 1 WHEREAS, based on public comment, City Council has determined the need for the
12 projects in the Capital Improvement Program,
13 WHEREAS, it Is necessary to appropriate funds for the projects underway or beginning in
14 the 1989-90 fiscal year as set forth in said Capital Improvement Program.
15 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
16 BEACH, VIRGINIA:
17 Section 1: That the program for the construction of, or addition to capital facilities
18 identified for fiscal year 1989-90 through 1993-94 is hereby adopted and that projects listed herein are
19 approved as capital projects.
20 Section 2: That the projects shall be financed from funds to be appropriated periodically
21 by City Council, and until funds are so provided, the projects are for planning purposed only and may be
22 deleted, altered, or rescheduled in any manner at any time by City Council.
23 Section 3: That funds in the amounts aggregating $139,636,771 for capital projects
24 underway or beginning in the 1989-90 fiscal year as set forth in said Capital Improvement Program are
25 hereby appropriated, subject to the conditions set forth, as follows:
26 CAPITAL PROJECT APPROPRIATION
27 SCHOOL PROJECTS:
28 1-003 Kellam High School Modernization $ 2,050,000
29 1-006 Various Schools Site Acquisition 2,000,000
30 1-011 London Bridge Road Area Elementary School 8,116,000
31 1-020 Landstown Municipal Properly Utility Upgrade Design 150,000
32 1-022 West Kempsville Area High School 23,448,000
33 1-026 Elementary School Gymnasium Additions 9,450,000
34 1-970 School Bus Maintenance Facility 150,000
35 1-973 Various School Roofing - Phase 11 225,000
36 1-974 Williams Elementary School Renovation 73,000
37 1-977 Elementary Schools Window Replacements 160,000
38 1-978 Career Development Center Sewer Pump Station
39 Renovation 125,000
40 1-982 Farmers' Market/Green Run Area Elementary and
41 Middle School 19,931,000
42 1-991 Bayside High School Modernization 3,383,000
43 TOTAL SCHOOL PROJECTS $ 69,261 @000
44 ENGINEERING AND HIGHWAY PROJECTS:
45 Roadway Pro'ects:
46 2-007 Constitution Drive $ 198,889
47 2-036 Roadway Advanced Land Acquisition 250,000
48 2-037 Landstown Road 50,000
49 2-039 Dam Neck Road - Phase 1 15,107,868
50 2-040 West Neck Bridge 135,765
51 2-041 South Plaza Trail Bridge 534,772
52 2-042 Mill Dam Bridge 656,351
53 2-071 Dam Neck Road - Phase 11 107,773
54 2-075 Rosemont Road - Phase IV 1,490,100
55 2-078 Courthouse Loop - North 530,000
56 2-080 Indian River Road - Phase V 173,887
57 2-081 Tidewater Community College Offsite Access
58 Improvements 834,200
59 2-084 Milftary Highway 76,000
60 2-086 South Plaza Trail 33,548
61 2-096 Ferrell Parkway -Phase V 1,000,000
62 2-121 Roadway Impact Reduction Program 200,000
63 2-129 Elbow Road Bridge 100,000
64 2-132 London Bridge Road Extended 120,000
65 2-134 Flanagan's Lane 300,000
66 2-135 Lynnhaven Drive 236,000
67 2-141 Economic Development Investment Program 1,300,000
68 2-810 Centerville Turnpike - Phase ]A 81,000
69 2-816 Traffic Safety Improvements 1,002,000
70 2-820 Princess Anne Road - Phase Ill 1,428,582
71 2-831 Independence Boulevard - Phase Ill 2,433,060
72 2-833 First Colonial Road - Phase Ill 25,000
73 2-837 Various Cost Participation Projects 50,000
74 2-929 Virginia Beach Boulevard - Phase Ill 312,528
75 2-946 Gracetown Area Street Improvements 747,661
76 2-980 Seatack Streets - Phase IIA 946,623
77 2-987 Independence Boulevard - Phase IV 1,722,844
78 Total Roadway Projects $ 32,183,451
79 Stormwater Pro4ects:
80 2-017 City Stormwater Management Study $ 100,000
81 2-018 Rudee Inlet Bulkhead 27,089
82 2-020 Various Drainage Improvements 200,000
83 2-110 Southhall Quarter Drainage 246,000
84 2-113 NPDES Stormwater System Permit Application 1,150,000
85 2-117 Wolfsnare Ditch Improvements 232,875
86 2-712 Dredging Eastern Branch Lynnhaven River 200,000
87 2-800 Lynnhaven Colony Drainage 30,000
88 2-815 Stumpy Lake Hydraulic Study and
89 Drainage Improvements 134,482
90 2-819 Ocean Park Storm Drainage - Phase 11 229,186
91 2-823 Salem Canal Improvements 2,400,368
92 2-909 Canal #2 - Phase 11 90,000
93 3-933 Landfill #2 - Expansion 300,000
94 Total Stormwater Projects $ 5,340,000
95 Bikeway Pro'ects:
96 2-068 Various Bikeway Improvements $ 322,337
97 Total Bikeway Projects $ 322,337
98 Resort Area Pro'ects:
99 2-049 Reson Streetscape Improvements $ 1,222,060
100 2-051 Resort Parking Improvements 370,000
101 2-054 City Gateway Project 300,000
102 2-067 Resort Streetscape Demonstration Projects 2,297,109
103 Total Resort Area Projects $ 4,189,169
104 TOTAL ENGINEERING AND HIGHWAYS PROJECTS $ 42,034,957
105 BUILDING PROJECTS:
106 3-002 Marine Science Museum Expansion Design $ 500,000
107 3-304 Princess Anne Library 108,841
108 3-910 Kempsville Public Safety and Library Services
109 Expansion 453,540
110 3-944 Fire Station - Ltttle Neck 466,168
ill 3-954 Fire Station - Diamond Springs 752,769
112 3-967 Correction Center Addition 1,100,000
113 3-968 Fire Station - General Booth 1,286,103
114 3-973 Percent for Arts Program 63,111
115 3-977 Judicial Center 1,600,000
116 3-980 Farmers' Market Parking Lot Expansion 37,000
117 3-984 Juvenile Detention Facility 459,750
118 3-987 Courthouse School Renovation 150,000
119 3-989 Refuse Collection and Garage Facility 1,441,064
120 3-992 Pendleton Child Service Center Relocation 357,282
121 3-993 Dome - Safety Improvements 163,660
122 TOTAL BUILDING PROJECTS $ 8,939,288
123 PARKS AND RECREATION PROJECTS:
124 4-917 Red Mill Farms Park $ 208,498
125 4-929 Middle Plantation Park 138,075
126 4-936 Recreation Office and Storage Facility at School Sites 245,362
127 4-939 Neighborhood Park Acquisition and Development 250,000
128 4-947 Park Reservation Acquisition and Development 250,000
129 4-948 Scenic Waterways Improvements 200,000
130 4-949 Existing City Property - District/Community Park
131 Development 786,400
132 4-950 Currently Owned But Undeveloped Neighborhood Park
133 Improvement - Backlog Reduction 402,500
134 TOTAL PARKS AND RECREATION PROJECTS $ 2,480,835
135 TOTAL GENERAL IMPROVEMENT PROJECTS $ 122,716,080
136 WATER UTILITY PROJECTS:
137 5-001 Virginia Beach Boulevard - Phase Ill $ 165,000
138 5-004 Dam Neck Tank 550,000
139 5-006 Dam Neck Road - Phase 11 120,000
140 5-037 Indian River Road - Phase IV 100,000
141 5-039 Broad Bay Colony - 51% Type 30,000
142 5-043 Baxter Road Connector 10,000
143 5-044 Independence Boulevard - Phase IIA-2 269,000
144 5-045 Independence Boulevard - Phase Ill 151,000
145 5-049 Woodland - 51% Type 477,000
146 5-050 Reon - 51% Type 300,000
147 5-051 Robbins Corner (2) - 51% Type 170,000
148 5-052 Lfttle Haven - 51% Type 345,000
149 5-053 Witchduck Point - 51% Type 535,000
150 5-054 Alfriends Trail - 51% Type 95,000
151 5-055 Garnet Point - 51% Type 50,000
152 5-056 Thoroughgood - 51% Type 175,000
153 5-057 Lynndale Estates - 51% Type 150,000
154 5-058 Green Hill Farms - 51% Type 65,000
155 5-059 Witchduck Road - 51% Type 60,000
156 5-060 Holland Road/Counhouse Forest - 51% Type 230,000
157 5-061 Northampton Boulevard - Phase 1 32,000
158 5-062 Ferrell Parkway - Phase V 8,000
159 5-063 Birdneck Pump Station 60,000
160 5-065 Nimmo Pump Station 200,000
161 5-304 Small Line Improvements 100,000
162 5-306 Water Request and Agreement Projects 249,691
163 5-820 Plaza Park Tank 100,000
164 @32 Comprehensive Water Study 100,000
165 5-833 Various Highway Projects 210,000
166 5-835 Lynnhaven Pump Station Modifications 185,000
167 5-921 London Bridge Road - Phase 1 256,000
168 5-962 Burton Station Area 266,500
169 5-966 Atlantic Avenue Improvements 700,000
170 5-967 Cavalier Park/Linkhorn Point 190,000
171 5-973 First Colonial Road - Phase Ill 172,000
172 WAT : (concluded)
173 5-980 Shore Drive Pump Station Modification $ 125,000
174 5-996 Dam Neck Road - Phase 1 1,735,000
175 TOTAL WATER UTILITY PROJECTS $ 8,736,191
176 SEWER UTILITY PROJECTS:
177 6-003 Landstown Road $ 25,000
178 6-004 Landstown Municipal Properly 62,000
179 6-005 First Colonial Road - Phase Ill 40,000
180 6-316 Various Sewer Projects 700,000
181 6-605 Pump Station Modffications 400,000
182 6-824 Various Highway Projects 120,000
183 6-922 Burton Station 818,500
184 6-925 Atlantic Avenue Improvements 480,000
185 6-934 Bay Colony 800,000
186 6-935 Broad Bay Colony 1,500,000
187 6-937 Aragona Rehabilitation 500,000
188 6-938 Princess Anne Plaza Rehabilitation 425,000
189 6-939 Comprehensive Sewer Study 600,000
190 6-942 Great Neck Point 800,000
191 6-962 Timbedake Force Main 75,000
192 6-963 Dam Neck Road - Phase 1 120,000
193 6-970 Virginia Beach Boulevard -Phase Ill 15,000
194 6-973 Alfriends Trail 190,000
195 6-978 Indian River Road - Phase IV 22,000
196 6-989 Independence Boulevard -Phase Ill 207,000
197 6-990 Holland Utilities 130,000
198 6-991 Dam Neck Road - Phase 11 45,000
199 6-996 Robbins Corner 110,000
200 TOTAL SEWER UTILITY PROJECTS $ 8,184,500
201 TOTAL WATER AND SEWER UTILITY PROJECTS $ 16,920,691
202 TOTAL APPROPRIATIONS 636 771
203 To be funded from the following sources:
204 General Appropriations $ 23,002,979
205 1989 Charter Bonds 29,200,000
206 1989 School Referendum 68,375,000
207 Water and Sewer Fund 7,980,691
208 Revenue Bonds 8,940,000
209 Revenue Sharing 700,000
210 State Contribution 525,000
211 Federal Contribution 488,101
212 Other 425,000
213 TOTAL $ 139,636,771
214 Amounts appropriated above amend any 1989 - 1990 fiscal year allocations previously
215 authorized in the FY 1989-90 Operating Budget adopted by the City Council on May 15, 1989.
216 Section 4. That the Resort Program Capital Project Fund shall be used for the purpose of
217 accounting for the revenues, appropriations, expenditures, and encumbrances associated with the resort
218 area capital improvement program.
219 Section 5. The rapital project funds appropriated in prior fiscal years are to be
220 reallocated in accordance with said Capital Improvement Program as follows:
221 ROADWAY PROJECTS:
222 TRANSFER TO:
223 2-006 Baxter Road Widening $ 623,413
224 2-034 Pavilion Drive - South 5,000
225 2-036 Roadways Advanced Land Acquisition 149,000
226 2-065 Indian River Road - Phase IV 737,412
227 2-091 Independence Boulevard - Phase IIA-2 400,000
228 2-098 Princess Anne Road - Seaboard Road Intersection 54,000
229 2-119 Princess Anne Road at Post Office 272,364
230 2-134 Flanagan's Lane 800,000
231 2-135 Lynnhaven Drive 114,000
232 2-412 Virginia Beach Boulevard - Phase 1 70,000
233 2-925 Northampton Boulevard - Phase 1 56,429
234 2-935 Lynnhaven Parkway - Phase V 903,863
235 TOTAL TRANSFERS TO: $ 4,185,481
236 TRANSFER FROM:
237 2-021 Rural Road Improvements $ 800,000
238 2-055 London Bridge Road - Phase IV 201,295
239 2-061 Lynnhaven Parkway - Phase VII 581,803
240 2-063 Ferrell Parkway - Phase IC 1,049,467
241 2-064 Independence Boulevard - Phase IIA 1,068
242 2-070 Northampton Boulevard - Phase 11 12,240
243 2-830 Rudee Inlet Dredging 55,000
244 2-836 Haygood Road 200,000
245 2-901 Holland Road - Phase IV 255,851
246 2-910 General Booth Boulevard - Phase 11 48,575
247 2-933 Lynnhaven Parkway - Phase VI 100,000
248 2-962 Pungo Fe@ Road Bridge 17,711
249 2-707 Princess Anne Road - Phase 11 854,229
250 2-025 Master Street and Highway Plan Update 8,005
251 2-977 Pennsylvania Overpass Bridge 237
252 TOTAL TRANSFERS FROM $ 4,185,481
253 STORMWATER PROJECTS:
254 TRANSFER TO:
255 2-712 Dredging Eastern Branch Lynnhaven River $ 200,000
256 TOTAL TRANSFERS TO $ 200,000
257 TRANSFER FROM:
258 2-MO Rudee Inlet Dredging $ 200@000
259 TOTAL TRANSFERS FROM $ 200,000
260 BUILDING PROJECTS:
261 TRANSFER TO:
262 3-968 Fire Station - General Booth $ 24,816
263 3-988 Pungo - Blackwater Library/Police Station 109,658
264 TOTAL TRANSFERS TO $ 134,474
265 TRANSFER FROM:
266 3-945 Fire Station - London Bridge $ 134,474
267 TOTAL TRANSFERS FROM $ 134,474
268 PARKS AND RECREATION PROJECTS:
269 TRANSFER TO:
270 4-913 Great Neck Park Development - Phase 1 127 74
271 TOTAL TRANSFERS TO 127 745
272 TRANSFER FROM:
273 4-932 Munden Point Bulkheading $ 45,822
274 4-946 Rosemont Forest Area Park Site 30,000
275 4-927 Kempsville Recreation Center Air Conditioning 51,923
276 TOTAL TRANSFERS FROM $ 127,745
277 WATER AND SEWER UTILITY PROJECTS:
278 TRANSFER TO:
279 5-041 Bells Road - Birdneck Road $ 1,125,000
280 5-061 Northampton Boulevard - Phase 1 84,000
281 5-836 Landstown Yard Improvements 50,000
282 5-939 Kempsville Suction - Phase 11 50,000
283 6-316 Various Sewer Projects 514,771
284 6-605 Pump Station Modffications 100,000
285 6-824 Various Highway Projects 98,000
286 6-928 Cavalier/North Linkhorn Park 1,235,000
287 TOTAL TRANSFERS TO $ 3,256,771
288 TRANSFER FROM:
289 5-M 3Larkspur - 51% Type $ 250,000
290 5-021 Lakeview Park - 51% Type 218,000
291 5-022 Great Neck Point - 51% Type 70,000
292 5-025 Alanton - 51% Type 475,000
293 6-932 Lakeview Park 550,000
294 6-943 Linkhorn Point 245,000
295 6-964 Baxter Road 220,000
296 5-008 Trantwood Shores - 51% Type 65,111
297 5-009 Woolfsnare Plantation - 51% Type 140,000
298 5-010 Great Neck Estates - 51% Type 100,000
299 5-023 Lakeside Drive/Poplar Point - 51% Type 53,000
300 5-026 Bellamy Manor - 51% Type 100,000
301 @33 Weaverville - 51% Type 45,000
302 5-617 Queen Cfty Area 5,000
303 5-963 Reedtown Area 12,000
304 5-978 Indian Lakes Boulevard 25,000
305 6-923 Reedtown 90,000
306 6-929 Elizabeth River Shores 60,000
307 6-952 Lakeside Drive/Poplar Point Road 10,000
308 6-969 Old Dam Neck Road/DaVinci Sewer 18,000
309 6-974 Hawkins Lane - 51% Type 26,000
310 5-992 Holly Road/48th Street Main 65,000
311 5-957 Diamond Springs Road Main 2,412
312 6-965 Princess Anne Road-4900 Block 14,476
313 5-007 Kempsville Colony - 51% Type 60,147
314 5-012 Woodhurst - 51% Type 47,812
315 5-712 Sandbridge Road Main 74,667
316 5-981 Bayside/Diamond Springs Road 30,367
317 6-808 Gatewood Park 146,244
318 6-977 Haygood Road 38,535
319 TOTAL TRANSFERS FROM $ 3,256,771
320 Section 6. That the lease-purchase financing for the London Bridge Fire Station and the
321 Stumpy Lake Fire Station projects be replaced with financing from fund balance in the foilowing amounts:
322 3-945 Fire Station - London Bridge $ 1,229,098
323 3-912 Fire Station - Stumpy Lake 690,213
324 Total $ 1,919,311
325 Section 7. That the lease-purchase financing for the Judicial Center project be reduced
326 by $753,679 to reflect the financing plan previously approved by Council.
327 Section 8. That the Resort Program projects be reduced in the following amounts to
328 reflect a reduction in estimated revenues for FY 1988-89:
329 2-048 Boardwalk Revftalization $ (320,000)
330 2-049 Resort Streetscape Improvements (21,263)
331 2-051 Reson Parking Improvements (100,000)
332 2-056 Museum Park/Nature Area (50,000)
333 2-057 Ocean Walk (20,000)
334 2-066 Oceanfront Connector Park (300,000)
335 Total $ (811,263)
336 Section 9. That additional appropriations and the addition of capital projects shall not be
337 initiated except with the consent and approval of the City Council first being obtained.
338 Section 10. That the restriction with respect to the expenditure of funds appropriated
339 shall apply only to the totals of each project class.
340 All contracts awarded for approved and appropriated capital projects, exclusive of school
341 projects, must be certified as to the availability of funds by the Director of Finance prior to the initiation of
342 work on the contract.
343 Section I 1. That this ordinance shall be in effect from and after the date of its adoption.
344 Section 12. That if any part or parts, section or sections, sentences, clauses, phrases of
345 this ordinance is for any reason declared to be unconstitutional or invalid, such decision shall not affect
346 the validity of the remaining portions of this ordinance.
347 Adopted by the Council of the Cky of Virginia Beach, Virginia on the 4day of
348 December 1989.
349 Approved:
350
351 Mayor, City of Virginia Beach, Virgini'a
352 First Reading: November 20, 1989
353 Second Reading: December 4, 1989
Cit@ (Df
OFFICE OF THE CITY MMAGER MUNICIPAL CENTER
(804) 427-12@2 VIAGINIA BEACH, VIRGINIA 23456-9Wl
FAX (eN) 427-1135
November 20, 1989
TO: The Honorable Mayor
Members of Council
ei
FROM: Aubrey V. Watts, Jr!', City Manager
SUBJECT: CIP - Council Direction to Staff
This memo will recap staff's understanding of directives
received to date on CIP-related items. These items relate to
matters of project or program implementation raised by
Council during the workshops and do not impact resource
allocations in the current CIP cycle. No Council votes are
needed or requested.
1. Military Highway Project - Staff will work with the
ttate to delete the "flyover." The project will be
constructed without any elevated components.
2. Centerville Turnpike Project - A berm will be included
in the design and construction of the first phase.
3. Bikeway Program - staff will proceed with an aggressive
update of the bikeway plan and will work to promptly
finalize neighborhood, Virginia Power and other issues.
4. West Neck Bridge Project - This project will include
parking and canoe launching facilities.
5. Staff will continue to follow up on the Green Run Open
Space development project and will provide a report
prior to action being taken.
By copy, I am directing the responsible agency to insure
compliance with the above.
HAROLD HEISCHOBER
COUNCILMAN-AT-LARGE 4372 HOUAND ROAD
VIRGINLA BEACH, VIRGINIA 23452
(804) 499@
Novoinbl@ 20, 1989 (804) 464-4910
-C
Rilth I-Iodges Smith, CitY Clerk
C5.ty Clerk's Office
Municipal Ceiiter
virgi-nia Beach, Virginia '@3456
Re: Di.sclosure Pursuant to SS 2.1-639.14(G) of the Code
of Virginia
Dear Mrs. Smith:
Pi.irsuant to the Virginia Conflict of Interest Act, 5 2.1-
639.14(G) of the Code of Virginia, I make the following
declaration:
1. The transactions for which I am executing this written
disclosure are the Constitution Drive project in the 1989 Capital
IlliProvement Program and the Ordinance authorizing 1989 general
,:)bligation bonds; the Salem Road project in the 1989 capital
.linpro,.remenr- Program and the C)rdinancc authorizing 1989 spccial road
bonds.
2. The nature of my personal interest is that I am the owner
of property located at 4372 Holland Road, which may be affected by
the transactions listed above.
as a inember of the general public, which groups are
Road as well a
3. 1 - a member of a group of property owners on Holl nd
affected by the transactions.
4. T am able to participate in the above-referenced
transactions fairly, objectively, and in the public interest.
Accordingly, I respectfully request that you record this
(ieclaration in the official records of the City council. I have
,-ilso ericlosed an opinion letter from Lcslie L. Lilley, City
Attorney, which addresscs thesc same matters.
Thank you for your assistance and cooperation in this matter.
JOHN 0. MOSS 4021 GLEN ROAD
COUNCILMAN vinGINIA BEACH, VIFIGINIA 23452
KEMPSVILLE SOFIOUGH (804) 490-0318
March 30, 1988
Mrs. Ruth Hodges Smith, CMC
City Clerk
Municipal Center
Virginia Beach, VA 23456
Re: School Board Budget
Dear Mrs. Smith:
Pursuant to Section 2.1-639.14E of the Code of Virginia,
Ann., I make the following declaration:
1. As a member of the City Council of the City of Virginia
Beach, I have a duty and responsibility to the citizens of
Virginia Beach to review, make recornmendations and approve or
deny the School Board budget, and I intend to carry out said
duties as fairly and faithfully as I can; and
2. Pursuant to the State Conflict of Interests Act prior to
taking any action on the School Board budget, I am disclosing
that my wife is a teacher in the Virginia Beach school system;
and
3. My wife, as a teacher in a profession, occupation and
group along with several hundred other teachers, could possibly
be affected by City Council's vote on the School Board budget;
and
4. 1 am able to review, make recommendations and approve or
deny a budget regarding the School Board fairly, objectively and
in the public interest even though my wife@ is one of many
teachers within the school system.
Accordingly, I respectfully request that you record this
declaration in the official records of the City Council. Thank
you for your assistance and cooperation in this matter.
v ours,
r
JDM/CJS/awi
cc: Paul A. Sciortino, Commonwealth Attorney
1 6
Item IV-F.I.b
ORDINANCE ITEM # 32112
Upon motion by Counci Iman Heischober, seconded by Vice %yor Fentress, City
Counc II ADOPTED, upon SECOND READING:
Ordinance authorizing the i ssuance of General
Obl Igation Bonds of the City of Vi rg in la Beach,
Virginia, in the max!mlrn amount of $8,000,000 for
Road, Hfghway and Bridge purposes.
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. BaLyn, Vice Voyor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, Reba
S. McC[anan, John D. Moss, Mayor @yera E. Oberndorf,
Nancy K. Parker John L. Perry and William D. Sessoms,
Jr.
C)ouncil Members Voting Nay:
None
Council Members Absent:
None
Item #3
1 AN ORDINANCE AUTHORIZING THE ISSUANCE OF
2 GENERAL OBLIGATION BONDS OF THE CITY OF
3 VIRGINIA BEACH, VIRGINIA, IN THE MAXIMUM
4 AMOUNT OF $8,000,000 FOR ROAD, HIGHWAY,
5 AND BRIDGE PURPOSES
6 WHEREAS, the City of Virginia Beach, Virginia, may issue up to $8,000,000 of general
7 obligation bonds In any calendar year for road, highway, or bridge purposes without submitting the
8 question of their Issuance to the qualified voters provided that the City has met the requirements of
9 Section 6.05:2 of the Cfty Charter;
10 WHEREAS, the City desires to authorize the issuance of general obligation public
11 information bonds for road, highway, and bridge purposes in the maximum amount of $8,000,000 without
12 submitting the question of their issuance to the qualified voters;
13 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
14 BEACH, VIRGINIA:
15 1. It is hereby determined to be necessary and expedient for the City to undertake a
16 program of road, highway, and bridge improvements, all of which will promote the public welfare of the
17 City and its inhabitants and will facilitate the orde@y growlh, development, and general welfare of the City,
18 and to finance the costs thereof through the borrowing of $8,000,000 and issuing the City's general
19 obligation bonds therefor.
20 2. Pursuant to the City Charter, including Section 6.05:2, and the Public Finance Act,
21 there are hereby authorized to be issued general obligation bonds of the City in the maximum amount of
22 $8,000,000 to provide funds, together with other funds that may be available, to undertake a program of
23 road, highway, and bridge improvements. The bonds may be issued as a separate issue or combined
24 with bonds authorized for other purposes and sold as a part of a combined issue of public improvement
25 bonds.
26 3. The bonds shall bear such date or dates, mature at such time or times not exceeding
27 40 years from their dates, bear interest at such rate or rates not to exceed the maximum rate authorized
28 by law at the time the bonds are sold, be in such denominations and form, be executed in such manner
29 and be sold at such time or times and in such manner as the Council may hereafter provide by
30 appropriate resolution or resolutions.
31 4. That the bonds shall be general obligations of the City for the payment of principal
32 and interest on which its full faith and credit shall be irrevocably pledged.
33 5. This ordinance shall be in full force and effect from its passage.
34 Adopted by the Council of the City of Virginia Beach, Virginia on the4 day of
35 December , 1989.
36 Approved:
37
38 Mayor, City of Virginia Beach, Virginia
39 First Reading: November 20, 1989
40 Second Reading: December 4, 1989
1 7
Item IV-F.l.c
ORDINANCE ITEM # 32113
Upon motion by Go unc i I man He i schober, seconded by Vice %yor Fentress, City
Council ADOP'RED, upon SECOND READING:
Ordinance authorizing the issuance of General
Obligation Bonds of the City of Virginia Beach,
Virginia, In the maximlin amount of $29,200,000 for
various Public Facilities and General Improvements.
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. BaLfn, Vice Mayor Robert E.
Fentress, Harold Heischober,* Barbara M. Henley, Reba
S. McClanan,** John D. Moss,*** Mayor Meyera E.
Oberndorf, Nancy K. Parker, John L. Perry and Will lam
D. Sessoms, Jr.
Council Members Voting Nay:
None
C)ouncil Members Absent:
None
*Councilman Heischober, pursuant to Virginia Confl ict of Interest Act Section
2.1-639.14G of the Code of Virginia, VERBALLY ABSTAINED on the Constitution
Drive and Salem Road Project as he Is the owner of property at 4372 Holland
Road, which may be affected by said transactions. (Said letter is hereby made a
part of the proceedings.)
**Councilwoman tkCIanan voted a VERBAL NAY on the Constitution Drive Flyover
Proj ect.
***Councilman Moss voted a VERBAL NAY on the Courthouse Elernentary School
(Administration Annex) Project.
****The City Clerk referenced Oouncilman Nbss's letter of Nbrch 30, 1989, which
pursuant to Section 2.1-639.14E of the Code of Virginia, Ann., DECLARED
although his wife is a teacher with the Virginia Beach School System, he Is
able to review, make recommendations and approve or deny a budget regarding the
School Board fairly, objectively and in the pubi ic interest. (Said letter is
hereby made a part of the proceedings.)
item #4
1 AN ORDINANCE AUTHORIZING THE ISSUANCE OF
2 GENERAL OBLIGATION BONDS OF THE CITY OF
3 VIRGINIA BEACH, VIRGINIA, IN THE MAXIMUM
4 AMOUNT OF $29,200,000 FOR VARIOUS PUBLIC
5 FACILITIES AND GENERAL IMPROVEMENTS
6 WHEREAS, the City desires to authorize the issuance of general obligation public
7 improvement bonds for various purposes in the maximum amount of $29,200,000 without submitting
8 the questions of their issuance to the qualffied voters:
9 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINLA:
10 1. It is hereby determined to be necessary and expedient for the City of Virginia
1 1 Beach, Virginia (the City), to construct and improve various public facilities and general improvements,
12 all of which will promote the public welfare of the City and its inhabitants and will facilitate the orderly
13 growth, development, and general welfare of the City, and to finance the costs thereof through the
14 borrowing of $29,200,000 and issuing the City's general obligation bonds therefor.
15 2. Pursuant to the City Charter and the Public Finance Act, there are hereby
16 authorized to be issued public improvement bonds of the City in the ma)dmum amount of
17 $29,200,000, to provide funds, together with other funds that may be available, for following purposes:
18 School projects, including planning, design, $ 361,000
19 construction, renovation, expansion, equipping,
20 and furnishing of schools and related facilities.
21 Engineering and highway projects, including site 24,486,962
22 acquisition and improvements, design, planning,
23 construction, improvement, replacement, expansion,
24 and extension of streets, highways, and bridges.
25 Drainage projects, including dredging the Eastern 3,690,000
26 Branch of the Lynnhaven River and improvements to
27 Salem Canal.
28 Building projects, including design, planning, 453,540
29 construction, improvements, renovation, expansion,
30 equipping, and furnishing of the Kempsville Public
31 Safety and Library Services facilities.
32 Parks and Recreation projects, including planning, 208,498
33 improvement, construction, enlargement, and
34 development of new parks
35 TOTAL 200 000
36 Any amount not needed for any of such purposes may be used for any other of such
37 purposes. The bonds may be issued as a separate issue or combined with bonds authorized for
38 other purposes and sold as part of a combined issue of public improvement bonds.
39 3. The bonds shall bear such date or dates, mature at such time or times not
40 exceeding 40 years from their dates, bear interest at such rate or rates not to exceed the maximum
41 rate authorized by law at the time the bonds are sold, be in such denominations and form, be
42 executed in such manner and be sold at such time or times and in such manner as the Council may
43 hereafter provide by appropriate resolution or resolutions.
44 4. The bonds shall be general obligations of the City for the payment of principal of
45 and interest on which fts full faith and credit shall be irrevocably pledged.
46 5. This ordinance shall be in full force and effect from its passage.
47 Adopted by the Council of the City of Virginia Beach, Virginia on the 4 day of
48 December 1989.
49 Approved:
50
51 Mayor, City of Virginia Beach, Virginia
52 First Reading: November 20, 1989
53 Second Reading: December 4, 1989
CITY OF VIRGINIA BEACH, VIRGINIA
SUMMARY OF PROJECTS FUNDED BY
igBg GENERAL OBLIGATION BONDS
SCHOOL PROJECTS:
1-020 Landstown Municipal Property Utilfty Upgrade Design $ 138,000
1-970 School Bus Maintenance Facility 150,000
1-974 Williams Elementary School Renovation 73 000
Total School Projects 361 000
ROADWAY PROJECTS:
2-007 Constitution Drive $ 198,889
2-036 Roadway Advanced Land Acquisition 85,000
2-039 Dam Neck Road - Phase 1 15,107,868
2-040 West Neck Bridge 135,765
2-041 South Plaza Trail Bridge 534,772
2-042 Mill Dam Bridge 656,351
2-075 Rosemont Road - Phase IV 1,490,100
2-080 Indian River Road - Phase V 173,887
2-096 Ferrell Parkway - Phase V 440,000
2-129 Elbow Road Bridge 100,000
2-132 London Bridge Road Extended 120,000
2-135 Lynnhaven Drive 236,000
2-810 Centerville Turnpike - Phase IA 81,000
2-820 Princess Anne Road - Phase Ill 1,368,582
2-831 Independence Boulevard - Phase Ill 1,698,376
2-833 First Colonial Road - Phase Ill 25,000
2-929 Virginia Beach Boulevard - Phase Ill 312,528
2-987 Independence Boulevard - Phase IV 1,722,844
Total Roadway Projects 4 486 962
STORMWATER PROJECT$:
2-017 City Stormwater Management Study $ 100,000
2-018 Rudee Inlet Bulkhead 27,089
2-110 Southall Quarter Drainage 246,000
2-117 Wolfsnare Ditch Improvements 232,875
2-712 Dredging Eastern Branch Lynnhaven River 200,000
2-800 Lynnhaven Colony Drainage 30,000
2-815 Stumpy Lake Hydraulic Study and Drainage Improvements 134,482
2-819 Ocean Park Storm Drainage - Phase 11 229,186
2-823 Salem Canal Improvements 2,400,368
2-909 Canal #2 - Phase 11 90 000
Total Stormwater Projects 3 690 000
BUILDING PROJECTS:
3-910 Kempsville Library and Public Safety 453 540
Total Building Projects 453 540
PARKS AND RECREATION PROJECTS:
4-917 Red Mill Farms Park 208 498
Total Parks and Recreation Projects 208 498
TOTAL 1989 GENERAL OBLIGATION BONDS $ 29,200,000
- 18 -
Item IV-F.l.e
ORDINANCE ITEM # 32114
Upon motion by Co unc! I man He i sc hober, seconded by VIce %yor Fen tress, CIty
Council ADOPTED, upon SECOND READING:
Ordinance authorizing the issuance of Water and
Sewer Revenue Bonds of the City of Virginia Beach,
Virginia, in the maximlffn amount of $8,940,000.
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. BaLrn, Vice %yor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, Reba
S. McClanan, John D. Moss, %yor Meyera E. Oberndorf,
Nancy K. Parker John L. Perry and William D. Sessoms,
Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
Item #5
1 AN ORDINANCE AUTHORIZING THE ISSUANCE OF
2 WATER AND SEWER SYSTEM REVENUE SONDS OF THE
3 CITY OF VIRGINIA BEACH, VIRGINIA, IN THE
4 MAXIMUM AMOUNT OF $8,940,000
5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
6 1. It is hereby determined to be necessary and expedient for the City of Virginia
7 Beach, Virginia (the Cfty), to continue it program of improving and extending its water and sewer
8 system (the System) which will promote the public welfare of the City and its inhabitants and will
9 facilitate the orderly growth, development, and general welfare of the Cfty, and to finance the costs
10 thereof through the borrowing of $8,940.000 and issuing the City's revenue bonds therefor.
11 2. Pursuant to the City Charter and the Public Finance Act, there are hereby
12 authorized to be issued water and sewer system revenue bonds of the City in the maximum amount
13 of $8,940,00 to provide funds, together with other available funds, for financing the costs of improve-
14 ments to the system.
15 3. The bonds shall bear such date or dates, mature at such time or times not
16 exceeding 40 years from their dates, bear interest at such rate or rates not to exceed 15% per year,
17 be in such denominations and form, be executed in such manner and be sold at such time or times
18 and in such manner as the Council may hereafter provide by appropriate resolution or resolutions.
19 4. The system is an undertaking from which the City may derive a revenue. The
20 bonds shall be limited obligations of the City, payable as to principal, premium, if any, and interest
21 solely from the revenues derived by the City from the System, and shall not be included within the
22 otherwise authorized Indebtedness of the City. The bonds shall not be deemed to create or
23 constitute an indebtedness of or a pledge of the faith and credit of the Commonwealth of Virginia or
24 of any county, city, town, or other political subdivision of the Commonwealth, including the City, and
25 shall so state on their face. The issuance of the bonds and the undenaking of the covenants,
26 conditions, and agreements to be contained in resolutions to be adopted or agreements to be entered
27 into hereafter shall not directly, indirectly, or contingently obligate the Commonwealth, the City, or any
28 other politiral subdivision of the Commonwealth to levy and collect any taxes whatsoever or make
29 any appropriation therefor, except from the revenues pledged to the payment of the principal of and
30 premium, if any, and interest on the bonds.
31 5. Such resolutions to be adopted and agreements to be entered into hereafter
32 authorizing the issuance of the bonds and providing the details thereof shall contain appropriate
33 covenants requiring the City to fix, charge, and collect such rates, fees, and other charges for the use
34 of and the services furnished by the System and to revise the same from time to time and as often
35 as shall be necessary so as to produce sufficient net revenues to pay principal of and premium, if
36 any, and interest on the bonds as the same become due and to provide a margin of safety therefor.
37 Such resolutions and agreements shall also include such additional covenants, agreements, and other
38 terms as are customary for the protection of the holders of water and sewer revenue obligations.
39 6. This ordinance shall be in full force and effect from its passage.
40 Adopted by the Council of the City of Virginia Beach, Virginia on the 4 day of
41 December , 1989.
42 Approved:
43
44 Mayor, City of Virginia Beach, Virginia
45 First Reading: November 20, 1989
46 Second Reading: December 4, 1989
CITY OF VIRGINIA BEACH, VIRGINIA
SUMMARY OF PROJECTS FUNDED BY
1989 WATER AND SEWER REVENUE BONDS
WATER PROJECTS:
5-001 Virginia Beach Boulevard - Phase Ill $ 165,000
5-004 Dam Neck Tank 550,000
5-006 Dam Neck Road - Phase 11 120,000
5-037 Indian River Road - Phase IV 100,000
5-039 Broad Bay Colony - 51% Type 30,000
5-043 Baxter Road Connector 10,000
5-044 Independence Boulevard - Phase IIA-2 269,000
5-045 Independence Boulevard - Phase Ill 151,000
5-049 Woodland - 51% Type 477,000
5-050 Reon- 51% Type 300,000
5-051 Robbins Corner - 51% Type 170,000
5-052 Little Haven - 51% Type 345,000
5-053 Witchduck Point - 51% Type 535,000
5-054 Alfriends Trail - 51% Type 95,000
5-055 Garnet Point - 51% Type 50,000
5-056 Thoroughgood - 51% Type 175,000
5-057 Lynndale Estates - 51% Type 150,000
5-058 Green Hill Farms - 51 % Type 65,000
5-059 Witchduck Road - 51% Type 60,000
5-060 Holland Road/Courthouse Forest - 51% Type 230,000
5-061 Northampton Boulevard - Phase 1 32,000
5-062 Ferrell Parkway - Phase V 8,000
5-063 Birdneck Pump Station 60,000
5-065 Nimmo Pump Station 200,000
5-306 Water Request and Agreement Projects 182,500
5-833 Various Highway Projects 160,000
5-835 Lynnhaven Pump Station Modification 185,000
5-921 London Bridge Road - Phase 1 256,000
5-962 Bunon Station Area 266,500
5-966 Atlantic Avenue Improvements 100,000
5-967 Cavalier Park/Nonh Linkhorn Point 190,000
5-973 First Colonial Road - Phase Ill 172,000
5-980 Shore Drive Pump Station Modifications 125,000
Total Water Projects $ 5,984,000
SEWER PROJECTS:
6-003 Landstown Road $ 25,000
6-004 Landstown Municipal Property 62,000
6-005 First Colonial Road - Phase Ill 40,000
6-316 Various Sewer Projects 60,000
6-824 Various Highway Projects 75,000
6-925 Atlantic Avenue Improvements 480,000
6-934 Bay Colony 800,000
6-937 Aragona Rehabilitation 500,000
6-962 Timberiake Force Main 75,000
6-963 Dam Neck Road - Phase 1 120,000
6-970 Virginia Beach Boulevard -Phase Ill 15,000
6-973 Alfriends Trail 190,000
6-978 Indian River Road - Phase IV 22,000
6-989 Independence Boulevard -Phase Ill 207,000
6-990 Holland Utilities 130,000
6-991 Dam Neck Road - Phase 11 45,000
6-996 Robbins Corner 110,000
Total Sewer Projects 956 000
TOTAL 1989 WATER AND SEWER SYSTEM REVENUE BONDS 40 000
1 9
item IV-F.I.e
ORDINANCE ITEM # 32115
Upon motion by Co unc if man He! sc hober, seconded by VIce We yor Fentress, Cl ty
Counc i I ADOPTED, upon SECOND READING:
Ordinance establ lshing the Tax Levy on Real Estate
for Tax Fiscal Year 1991.
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baun, Vice Meyor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, Reba
S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf,
Nancy K. Parker, John L. Perry and William D. Sessoms,
Jr.
Council %mbers Voting Nay-
None
Council Members Absent:
None
1 AN ORDINANCE ESTABLISHING THE TAX LEVY
2 ON REAL ESTATE FOR TAX FISCAL YEAR 1991
3 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
4 Section 1. AMOUNT OF LEVY ON REAL ESTATE.
5 There shall be levied and collected for fiscal year 1991 taxes for general purposes on all
6 real estate, not exempt from taxation and not otherwise provided for in this Ordinance, at the rate of
7 m6nety sevem a&id seven tenths one hundred three and two-tenths cents ($.977) ($1.032) on each one
8 hundred dollars ($100) of assessed valuation thereof. The real property tax rates which have been
9 prescribed in this section shall be applied on the basis of one hundred percentum of the fair market value
10 of such real property except for public service real property which shall be on the basis as provided in
1 1 Section 58.1-2604 of the Code of Virginia, as amended.
12 Section 2. AMOUNT OF LEVY ON "CERTIFIED POLLUTION CONTROL EQUIPMENT AND
13 FACILITIES" CLASSIFIED AS REAL ESTATE.
14 In accordance with Section 58.1-3660 (A) of the Code of Virginia (1950), as amended,
15 there shall be levied and collected for general purposes for fiscal year 1991, taxes on all real estate
16 certified by the Commonwealth of Virginia as "Certffied Pollution Control Equipment and Facilities" not
17 exempt from taxation, at the rate of n'neiy seven amd seven temths one hundred three and two-tenths
is cents @ ($1.032) on each one hundred dollars ($100) of assessed valuation thereof. The real property
19 tax rates imposed in this section shall be applied on the basis of one hundred percentum of fair market
20 value of such reai property.
21 Section 3. CONSTITUTIONALITY.
22 That if any part or parts, section or sections, sentences, clause, or phrase of this
23 Ordinance is for any reason declared to be unconstitutional or invalid, such decision shall not affect the
24 validity of the remaining portion of this Ordinance.
25 Section 4. EFFECTIVE DATE.
26 This Ordinance shall be effective on the 1st day of July, 1990.
27 Adopted by the Council of the City of Virginia Beach, Virginia on the 4 day of
28 December 1989.
29 Approved:
30
31 Mayor, Cfty of Virginia Beach, Virginia
32 First Reading: November 20, 1989
33 Second Reading: December 4, 1989
- 20 -
Item IV-G.
CONSENT AGENDA ITEM # 32116
Upon motion by Vice Payor Fentress, seconded by Councilman Perry, City Council
APPROVED In ONE MOTION Items 1, 2, 4, 5, 6, 7 and 8 of the CONSENT AGENDA.
Iterns IV-G.3. was pulled for a separate vote.
Voting: 11-0
Cc)uncil Members Voting Aye:
Albert W. Balko, John A. BaLim, Vice Mayor Robert E.
Fentress, Harold Helschober, Barbara M. Henley, Reba
S. McClanan, John D. Moss, Mayor @yera E. Oberndorf,
Nancy K. Parker, John L. Perry and William D.
Sessoms, Jr.
Council Mernbers Voting Nay:
None
C)ouncil Members Absent:
None
2 1
Item IV-G.1
CONSENT AGENDA ITEM # 32117
Upon motion by Vice Wayor Fentress, seconded by Counci Iman Perry, City ()Duncil
APPROVED upon FIRST READING:
Ordinance to APPROPRIATE $9,526,922 for Fiscal Year
1990 for the payment of purchase orders brought
forward from Fiscal Year 1989.
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. BaLtn, Vice Meyor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, Reba
S. McCianan, John D. Moss, Mayor Meyera E. Oberndorf,
Nancy K. Parker, John L. Perry and William D.
Sessoms, Jr.
C)ouncil Members Voting Nay:
None
Council Members Absent:
None
AN ORDINANCE TO APPROPRIATE $9,526,922
FOR FISCAL YEAR 1990 FOR THE PAYMENT OF
PURCHASE ORDERS BROUGHT FORWARD FROM
FISCAL YEAR 1989
WHEREAS, during the course of business in fiscal year 1989, purchase
orders or contracts were issued committing the city to purchase of materials,
supplies, equipment or services for use by several departments, divisions or
bureaus, and
WHEREAS, these purchase orders or contracts were charged to appropriations
previously authorized for the fiscal year ended June 30, 1989 so as to reduce the
unencumbered balance of those appropriations, and
WHEREAS, on June 30, 1989, there were purchase orders or contracts
totalling $9,526,922 for which materials, supplies, equipment or services had not
been delivered or invoiced.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, that the funds totalling $9,526,922 unexpended and represented by purchase
orders outstanding on June 30, 1989 be reappropriated as additions to fiscal 1990
appropriations to the respective departments, division, or bureaus of the city so
tbat upon delivery of the materials, supplies, equipment or services, there shall
be sufficient funds to make payment. These funds shall be appropriated from the
following respective fund balances:
General $6,614,962
School Operating 1,991,020
Water & Sewer 264,284
Golf Course 20,427
City Garage 37,349
Telecommunications 249,636
Print Shop 6,904
Pendleton Child Service Center 1,187
Risk Management 8,773
Marine Science Museum 32,702
Community Corrections 61,091
MH/MR/SA 100,018
Resort Parking 193
Microcomputer 138,376
Total Outstanding $9,526,922
This ordinance shall be in effect from the date of its adoption.
Adopted by the Council of the City of Virginia Beach, Virginia on
day of 1989.
PUBLIC HEARING: December 4. 1989
FIRST READING: t.*
December 4. 1989 LL'--AL
SECOND READING:
- 22 -
Item IV-G.2
CONSENT AGENDA ITEM # 32118
Upon motion by Vice %yor Fentress, seconded by C)ouncilman Perry, City Council
APPROVED upon FIRST READING:
Ordinances to the Department of Wnta I
Health/Mental Retardation and Substance Abuse:
To APPROPRIATE $45,000 for purchase of
treatment services for a Prader-Willi
Syndrome Client.
To APPROPRIATE $30,050 for consulting
clinical services to the Child Day
Treatment Prograrn.
To APPROPRIATE $10,000 tor planning
under Public Law 99-457.
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baun, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, Reba
S. McClanan, John D. Moss, %yor Nbyera E. Oberndorf,
Nancy K. Parker John L. Perry and William D. Sessoms,
Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
1 AN ORDINANCE TO APPROPRIATE $45,000
2 TO THE DEPARTMENT OF MENTAL HEALTH/RETARDATION
3 AND SUBSTANCE ABUSE FOR PURCHASE OF TREATMENT
4 SERVICES FOR A PRADER-WILLI SYNDROME CLIENT
5 WHEREAS, the City of Virginia Beach Department of Mental Health, Mental
6 Retardation and Substance Abuse, (the Department), is sometimes confronted with
7 clients whose treatment require resources which are beyond the capacity of the
8 Department to provide;
9 WHEREAS, the Department has been confronted with such a situation in the
10 case of a client with Prader-Willi Syndrome and the family no longer has the
11 ability to provide care on their own;
12 WHEREAS, the Department recognizes the substantial support already given
13 by the City Council and the number of competing priorites for local revenues;
14 WHEREAS, the Department has extensively explored viable options for
15 treatment and identified a professional agency to address this case;
16 WHEREAS, the state Department of Mental Health, Mental Retardation and
17 Substance Abuse has provided a $45,000 allocation for FY 89-90, which requires
18 no local matching funds, to the Department to specifically address the treatment
19 needs of this case.
20 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
21 VIRGINIA BEACH, VIRGINIA:
22 That funds in the amount of $45,000 be appropriated to the Mental
23 Health, Mental Retardation and Substance Abuse Fund for FY 89-90 for specialized
24 treatment services for this case and that revenue from the Commonwealth be
25 increased by $45,000:
26 This ordinance shall be in effect from the date of its adoption.
27 Adopted by the Council of the City of Virginia Beach, Virginia on the
28 day of 1 1989.
29 First ReadinR December 4, 1989 AS TI)
30 Second Reading
I AN ORDINANCE TO APPROPRIATE $30,050
2 TO THE DEPARTMENT OF MENTAL HEALTHIRETARDATION
3 AND SUBSTANCE ABUSE FOR CONSULTING CLINICAL SERVICES
4 TO THE CHILD DAY TREATMENT PROGRAM
5 WHEREAS, the City of Virginia Beach Department of Mental Health, Mental
6 Retardation and Substance Abuse (the Department) is sometimes confronted with
7 clients whose treatment require resources which are not currently within the
8 capacity of the Department to provide;
9 WHEREAS, the Department has been confronted with such a situation as the
10 result of increased referrals to the Child Day Treatment Program operated in the
11 Virginia Beach Public School System;
12 WHEREAS, tbe Department has applied for grant funds in the amount of
13 $30,050 through June 30, 1990 from the State Department of Children, Consortium
14 on Child Mental Health to serve these referrals in a more cost effective day
15 treatment program;
16 WHEREAS, tbe State Department of Children, Consortium on Cbild Mental
17 Health has approved an award for $30,050, which requires no local matching
18 funds, to increase provision of day treatment services through June 30, 1990,
19 through the Department to specifically address the treatment needs of seriously
20 emotionally disturbed youth.
21 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
22 VIRGINIA BEACH, VIRGINIA:
23 That funds in the amount of $30,050 be appropriated to the Mental
24 Health, Mental Retardation and Substance Abuse Fund for FY 89-90 for hiring a
25 consulting clinical staff person to increase the provision of child day
26 treatment services, and that revenue from the Commonwealth be increased by
27 $30,050.
28 This ordinance shall be in effect from the date of its adoption.
29 Adopted by the Council of the City of Virgi nia on the
30 day of 1989.
31 First Reading December 4, 1989
32
1 AN ORDINANCE TO APPROPRIATE $10,000
2 TO THE DEPARTMENT OF MENTAL HEALTH, MENTAL
3 RETARDATION AND SUBSTANCE ABUSE FOR
4 PLANNING UNDER PUBLIC IAW 99-457
5 WHERFAS, Part H of Public Law 99-457, (the 1986 Amendment to the
6 Education of All Handicapped Children's Act), is to support the development of a
7 system to provide services to very young children with developmental needs, with
8 full services available by the fifth year of participation, 1991;
9 WHEREAS, Virginia has received funding to plan, develop and implement a
10 statewide, coordinated, comprehensive, multidisciplinary interagency system of
11 services for the birth through two-year age group and the State Department f
12 Mental Health, Mental Retardation and Substance Abuse has allocated $10,000 to
13 each of the forty Community Services Boards to conduct this planning process;
14 WHEREAS, City Council appropriated the first year planning allocation on
15 November 21, 1988, the allocation requires no local match and implementation of
16 the plan is contingent upon the availablity of additional resources provided
17 under Public Law 99-45
18 WHEREAS, the planning allocation will finanace additional professional
19 staff hours devoted to this planning process as well as necessary supportive
20 costs for report preparation.
21 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
22 VIRGINIA BEACH, VIRGINIA:
23 That funds in the amount of $10,000 be appropriated to the Mental
24 Health, Mental Retardation and Substance Abuse Fund for FY 89-90 for continuing
25 the development of an implementation plan for Public Law 99-457 and that revenue
26 from the Commonwealth be increased by $10,000:
27 This ordinance shall be in effect from the date of its adoption.
28 Adopted by the Council of the City of Virginia Beach, Virginia on the
29 day of 1 1989.
30 First Reading December 4, 1989 AP,Rovr.DP,' Te)
31 Second Readin LEGAL SL)i7F;CIE,'ICY
9
- 23 -
Item IV-G.3.
CONSENT AGENDA ITEM # 32119
Upon motion by Co unc! I man He! schober, second ed by Co unc i I man Bal ko, City
Council ADOPTED:
Ordinance to TRANSFER $312,320 from various
Departments within the FY 1989-1990 Operating
Budget to establish a Developfnent Services Center.
Voting: 10-1
Council Members Voting Aye:
Albert W. Balko, Vice Mayor Robert E. Fentress,
Harold Heischober, Barbara M. Henley, Reba S.
McClanan, John D. Moss, Mayor Wyera E. Oberndorf,
Nancy K. Parker John L. Perry and William D. Sessoms,
Jr.
Council Members Voting Nay:
John A. Baun
Council Members Absent:
None
1 AN ORDINANCE TO TRANSFER $312,320 FROM VARIOUS
2 DEPARTMENTS WITHIN THE FY 1989-1990 OPERATING
3 BUDGET TO ESTABLISH A DEVELOPMENT SERVICES CENTER
4 WHEREAS, there has long been a desire to improve development review
5 services within the city, in terms of quality, utilization, speed, and
6 comprehensiveness;
7 WHEREAS, in April, 1989, a study was conducted which examined how
8 various cities of comparable size and development patterns handled the review
9 process; what was discovered resulted in a recommendation to reallocate existing
10 development review resources in such a way as to establish a "Development
11 Services Center (DSC)" which would not only provide a focal point for individuals
12 and development companies in obtaining construction permits and plan reviews,
13 but which would ensure faster service and a more comprehensive review;
14 WHEREAS, in order to establish the Development Services Center,
15 $312,320 in existing resources will need to be transferred to the new Department
16 from various sources within the departments of Public Works, Planning, Permits
17 & Inspections, Environmental Management, and Public Utilities. The transfer of
18 all funds will result in a permanent decrease in available resources to the
19 affected departments in order to provide an ongoing resource base for the DSC.
20 WHEREAS, the DSC will provide a comprehensive review process through
21 a coordinated approach thereby enhancing service to the development community
22 and individuals.
23 NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
24 VIRGINIA BEACH, VIRGINIA that $312,320 be transferred from various sources within
25 the FY 1989-90 Operating Budget for the purposes of establishing a new department
26 entitled, Development Services Center and that positions which handle development
27 review and which are currently located in various departments be transferred to
28 the Development Services Center;
29 BE IT FURTHER ORDAINED, that the City Manager is authorized to do
30 all that is necessary to establish a Development Services Center utilizing
31 existing resources.
32 Adopted on this day December 4 1989
33 This ordinance shall be effective from the day of its adoption.
- 24 -
Item IV-G.4.a
CONSENT AGENDA ITEM # 32120
Upon mot Ion by VIce %yor Fen tress, seconded by Co unc! I man Perry, Ci ty Co unc i I
ADOPTED:
Ordinance to authorize a temporary encroachment
Into the City's property known as Lake Windsor to
Archle and Doris English, husband and wife, their
heirs, assigns and successors in title.
The following conditions shall be required:
1. The owner agrees to remove the encroachment when
notified by the City of Virginia Beach, at no
expense to the City.
2. The owner agrees to keep and hold the City free and
harmless of any liability as a result of the
encroachment.
3. The owner agrees to maintain said encroachment so
as not to become unsightly or a hazard.
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. BaLrn, Vice @yor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, Reba
S. McCianan, John D. Moss, Mayor Meyera E. Oberndorf,
Nancy K. Parker John L. Perry and William D. Sessoms,
Jr.
Council Nbmbers Voting Nay:
None
Council Members Absent:
Non,-
1 Requested by DeDartment of Public Works
2 AN ORDINANCE TO AUTHORIZE
3 A TEMPORARY ENCROACHMENT
4 INTO THE CITY'S PROPERTY
5 KNOWN AS LAKE WINDSOR TO
6 ARCHIE AND DORIS ENGLISH,
7 HUSBAND AND WIFE, THEIR
8 HEIRS, ASSIGNS AND
9 SUCCESSORS IN TITLE
10 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
11 BEACH, VIRGINIA:
12 That pursuant to the authority and to the extent thereof
13 contained in Section 15.1-893, Code of Virginia, 1950, as amended,
14 Archie and Doris English, husband and wife, their heirs, assigns
15 and successors in title, are authorized to construct and maintain
16 a temporary encroachment into the City's property known as Lake
17 Windsor.
18 That the temporary encroachment herein authorized is for
19 the purpose of allowing an existing bulkhead to remain and that
20 said encroachment shall be constructed and maintained in
21 accordance with the City of Virginia Beach Public Works
22 Department's specifications as to size, alignment and location,
23 and further that such temporary encroachment is more particularly
24 described as follows:
25 An area of encroachment into the
26 City's property known as Lake
'.7 Windsor, as shown on that certain
28 plat entitled: "PHYSICAL SURVEY OF
29 LOT 3, BLOCK 2, WINDSOR WOODS,
30 SECTION SEVEN-B KEMPSVILLE BOROUGH-
31 VIRGINIA BEACH, VIRGINIA FOR ARCHIE
32 & DORIS ENGLISH SCALE 1" = 30'
33 OCTOBER 14, 1976 ROUSE-SIRINE
34 ASSOCIATES, LTD. SURVEYORS AND
35 ENGINEERS VIRGINIA BEACH, VIRGINIA,"
36 a copy of which is on file in the
37 Department of Public Works and to
38 which reference is made for a more
39 particular description.
40 PROVIDED, HOWEVER, that the temporary encroachment
41 herein authorized shall terminate upon notice by the City of
42 Virginia Beach to Archie and Doris English, husband and wife,
43 their heirs, assigns and successors in title, and that within
44 thirty (30) days after such notice is given, said encroachment
45 shall be removed from the City's property known as Lake Windsor
46 and that Archie and Doris English, husband and wife, their heirs,
47 assigns and successors in title, shall bear all costs and expenses
48 of such removal.
49 AND, PROVIDED FURTHER, that it is expressly understood
50 and agreed that Archie and Doris English, husband and wife, their
51 heirs, assigns and successors in title, shall indemnify and hold
52 harmless the City of Virginia Beach, its agents and employees from
53 and against all claims, damages, losses and expenses including
54 reasonable attorney's fees in case it shall be necessary to file
55 or defend an action arising out of the location or existence of
56 such encroachment.
57 AND, PROVIDED FURTHER, that this ordinance shall not be
58 in effect until such time that Archie and Doris English, husband
59 and wife, execute an agreement with the City of Virginia Beach
60 encompassing the aforementioned provisions.
61 Adopted by the Council of the City of Virginia Beach,
62 Virginia, on the 4 day of December 19 89
63 JAS/jls
64 0 9/ 06/ 89
65 CA-89-3467
66 (ordin\noncode\english.ord)
APPROVED AS TO
LEGAL SU'rFiClEi@CY
DEPARTMENT
2
THIS AGREEMENT, made this day of
19 @), by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a
municipal corporation, party of the first part, and ARCHIE
ENGLISH and DORIS ENGLISH, husband and wife, THEIR HEIRS, ASSIGNS
AND SUCCESSORS IN TITLE, parties of the second part.
W I T N E S S E T H:
Tliat, WHEREAS, it is proposed by the parties of the
second part to allow an existing bulkhead to remain in the City
of Virginia Beach; and
WHEREAS, in allowing such bulkhead to remain, it is
necessary that the said parties of the second part encroach into
the City's property known as Lake Windsor; and said parties of
the second part have requested that the party of the first part
grant a temporary encroachment to facilitate such bulkhead within
the City's property known as Lake Windsor.
NOW, THEREFORE, for and in consideration of the
premises and of the benefits accruing or to accrue to the parties
of the second part and for the further consideration of One
Dollar ($1.00), in hand paid, to the said party of the first
part, receipt of which is hereby acknowledged, the party of the
first part doth grant to the parties of the second part a
GPIN
teinporary encroachment to use the City's property known as Lake
Windsor for the purpose of allowing such bulkhead to remain.
It is expressly understood and agreed that such
temporary encroachment will be constructed and maintained in
accordance with the laws of the Commonwealth of Virginia and the
City of Virginia Beach, and in accordance with the City of
Virginia Beach Public Works Department's specifications and
approval as to size, aligriment and location and is more
particularly described as follows, to wit:
An area of encroachment into the City's
property known as Lake Windsor, as shown on
that certain plat entitled: "PHYSICAL SURVEY
OF LOT 3, BLOCK 2, WINDSOR WOODS, SECTION
SEVEN-B KEMPSVILLE BOROUGH-VIRGINIA BEACH,
VIRGINIA FOR ARCHIE & DORIS ENGLISH SCALE 1"
- 3 0 1 OCTOBER 14, 1976 ROUSE-SIRINE
ASSOCIATES, LTD. SURVEYORS AND ENGINEERS
VIRGINIA BEACH, VIRGINIA," a copy of which
is attached hereto as Exhibit "A" and to
which reference is made for a more particular
description.
it is further expressly understood and agreed that the
temporary encroachment herein authorized shall terminate upon
notice by the City of Virginia Beach to the parties of the second
part, and that within thirty (30) days after such notice is
given, such temporary encroachment shall be removed from the
City's property known as Lake Windsor by the parties of the
second part; and that the parties of the second part shall bear
all costs and expenses of siich removal.
it is further expressly understood and agreed that the
parties of the second part shall indemnify and hold harmless the
2
City of Virginia Beach, ;-ts agents and employees, from and
against all claims, damages, losses and expenses including
reasonable attorney's fees in case it sball be necessary to file
or defend an action arising out of the location or existence of
such temporary encroachment.
It is further expressly understood and agreed that
nothing herein contained shall be construed to enlarge such
permission and authority to permit the maintenance or
construction of any encroachment other than that specified herein
and to the limited extent specified herein, nor to permit the
maintenance and construction of any encroachment by anyone other
than the parties of the second part.
It is further expressly understood and agreed that the
parties of the second part agree to maintain said encroachment
so as not to become unsightly or a hazard.
it is further expressly understood and agreed that the
party of the first part, upon revocation of such authority and
permission so granted, may remove any such encroachment and
charge the cost thereof to the parties of the second part, and
collect the cost in any manner provided by law for the collection
of local or state taxes; may require the parties of the second
part to remove such temporary encroachment; and pending such
removal, the party of the first part may charge the parties of
the second part compensation for the use of the City's property
encroached upon the equivalent of what would be the real property
tax upon the land so occupied if it were owned by the parties of
3
the second part; and if such refnoval shall not be iliade withiri the
time ordered liereinabove by this Agreement, the City shall impose
a penalty in the sum of one Hundred Dollars ($100.00) per day for
each and every day that such encroachment is allowed to continue
thereafter, and shall collect such compensation and penalties in
any manner provided by law for the collection of local or state
taxes.
IN WITNESS WHEREOF, Archie and Doris English, husband
and wife, the said parties of the second part, have caused this
Agreement to be executed by their signatures and seals duly
affixed. Further, that the City of Virginia Beach has caused
this Agreement to be executed in its name and on its behalf by
its City Manager and its seal be hereunto affixed and attested
by its City Clerk.
CITY OF VIRGINIA BEACH
By
City Manager
(SEAL)
ATTEST:
City Clerk
EAL)
(SEAL)
Doris EnglisbJ
CONTEN7
RE ,i To
4 y
CEPARTM
ATE OF VIRGINIA
.T
CITY OF VIRGINIA BEACH, to-wit:
I, a Notary
Public in and for the 1-ity and State aforesaid, do hereby certify
that AUBREY V. WATTS, JR., City Manager for the CITY OF VIRGINIA
BEACH, whose name is signed to the foregoing Agreement bearing
date on the . day of 19_, has acknowledged
the same before me in my City and State aforesaid.
GIVEN under my hand this _ day of
19-.
Notary Public
My Commission Expires:
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
I, a Notary Public
in and for the City and State aforesaid, do hereby certify that
RUTH HODGES SMITH, City Clerk for the CITY OF VIRGINIA BEACH,
whose name is signed to the :Eoregoing Agreement bearing date on
the day of I 19 -, has acknowledged the
same before me in my City and State aforesaid.
GIVEN under my hand this _ day of
19-.
Notary Public
My Commission Expires:
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
r4- ic v a Notary Public
in and for the City and State aforesaid, do hereby certify that
A3:-chie English, whose name is signed to the foregoing writing,
bearing date the g(D... day of 19@, has
acknowledged the same before me in my City and State aforesaid.
Given under my hand this day of
194.
Notary Public
My Commission Expires: 7 L@3 ziz)
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
a Notary Public
in and for the City and State aforesaid, do hereby certify that
Doris English, whose name is signed to the foregoing writing,
bearing date the day of 191f@, has
acknowledged the same before me in my City and State aforesaid.
Given under my hand this day of
Notary Publ,-c
q
my Conunission Expires:
JAS/ils
Date: 09/06/89
CA-89-3467
glish.agr)
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11, 1916
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VIRGINIA
P!;. 4 @J, r, 1.1
THIS-.IS NOT A PLAT
SUBDIYESION
- 25 -
Item IV-G.4.b
CONSENT AGENDA ITEM # 32121
Upon motion by Vice Mayor Fentress, seconded by Councilman Perry, City Council
ADOPTED:
Ordinance to authorize a temporary encroachment
into the City's property into a portion of the
right-of-way of Lynnhaven Promenade to Bruce and
Esther Jacobson, Husband and Wife, their heirs,
assigns and successors in title.
The following conditions shall be required:
1. The owner agrees to remove the encroachment when
notified by the City of Virginia Beach, at no
expense to the City.
2. The owner agrees to keep and hold the City free and
harmless of any liability as a result of the
encroachment.
3. The owner agrees to maintain said encroachment so
as not to become unsightly or a hazard.
4. The owner agrees to obtain and approve waterfront
permit.
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, Reba
S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf,
Nancy K. Parker, John L. Perry and William D.
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
1 Requested by Department of Public Works
2 AN ORDINANCE TO AUTHORIZE
3 A TEMPORARY ENCROACHMENT
4 INTO A PORTION OF THE
5 RIGHT-OF-WAY OF LYNNHAVEN
6 PROMENADE TO BRUCE AND
7 ESTHER JACOBSON, HUSBAND
8 AND WIFE '. THEIR HEIRS,
9 ASSIGNS AND SUCCESSORS IN
10 TITLE
11 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
12 BEACH, VIRGINIA:
13 That pursuant to the authority and to the extent thereof
14 contained in Section 15.1-893, Code of Virginia, 1950, as amended,
15 Bruce and Esther Jacobson, husband and wife, their heirs, assigns
16 and successors in title, are authorized to construct and maintain
17 a temporary encroachment into the right-of-way of Lynnhaven
18 Promenade.
19 That the temporary encroachment herein authorized is for
20 the purpose of allowing the installation of a private pier and
21 that said encroachment shall be constructed and maintained in
22 accordance with the City of Virginia Beach Public Works
23 Department's sdecifications as to size, aligrunent and location,
24 and further that such temporary encroachment is more particularly
25 described as follows:
26 An area of encroachment into a
27 portion of the City's right-of-way
28 known as Lynnhaven Promenade
29 (unimproved paper street), as shown
30 on that certain plat entitled:
31 "PROPOSED OPEN PILE TIMBER PIER IN
32 UNNAMED MAN MADE CANAL AT VA. BEACH,
33 COIJNTY OF STATE VA. APPLICATION
34 BY C. BRIJCE JACOBSON SHEET 1 OF 2
35 DATE 21 MAR 89,11 a copy of which is
36 on file in the Department of Public
37 Works and to which reference is made
38 for a more particular description.
39 PROVIDED, HOWEVER, that the temporary encroachment
40 herein authorized shall terminate upon notice by the City of
41 Virginia Beach to Bruce and Esther Jacobson, husband and wife,
42 their heirs, assigns and successors in title and that within
43 thirty (30) days after such notice is given, said encroachment
44 @hall be removed from the City's right-of-way of Lynnhaven
45 Promenade and that Bruce and Esther Jacobson, husband and wif e,
46 their heirs, assigns and successors in title shall bear all costs
47 and expenses of such removal.
48 AND, PROVIDED FURTHER, that it is expressly understood
49 and agreed that Bruce and Esther Jacobson, husband and wife, their
50 heirs, assigns and successors in title shall indemnify and hold
51 harmless the City of Virginia Beach, its agents and employees from
52 and against all claims, damages, losses and expenses including
53 reasonable attorney's fees in case it shall be necessary to file
54 or defend an action arising out of the location or existence of
55 such encroachment.
56 AND, PROVIDED FURTHER, that this ordinance shall not be
57 in effect until such time that Bruce and Esther Jacobson, husband
58 and wife, execute an agreement with the City of Virginia Beach
59 encompassing the aforementioned provisions.
60 Adopted by the Council of the City of Virginia Beach,
61 Virginia, on the 4 day of December 19 89
62 JAS/jls
63 09/ 2 2/ 89
64 CA-89-3495
65 (ordin\noncode\jacobson.ord)
A,PPkO,4ED AS To CONIINII
APpROVED A-@ TO LECiN,l@
R:,A
2
-H7S kGREEMENT. made this '-dav of lel-
by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a
municipal --orporation, paity of the first part, and BRUCE AND
ESTHER JACOBSON, HUSBAND AND WIFE, THEIR IIEIRS, ASSIGNS AND
SUCCESSORS IN TITLE, parties of the secolid part.
W I T N E S S E T H:
That, WHEREAS, it is proposed by the parties of the
second part to allow the installation of a private pier in the
City of Virginia Beach; and
WHEREAS, in allowing the installation of a private
pier, it is necessary that the said parties of the second part
encroach into a portion of an existing City right-of-way known
a.s Lynnhaven Promenade (unimproved paper street); and said
parties of the second part have requested that the party of the
first part grant a temporary encroachment to facilitate the
installation of such a private pier within a portion of the
City's right-of-way known as Lynnhaven Promenade.
NOW, THEREFORE, for and in consideration of the
premises and of the benefits accruing or to accrue to the parties
of the second part and for the further consideration of one
Dollar ($1.00), in hand paid, to the said party of ttle first
part, receipt of which is hereby acknowledged, the party of the
GPIN