HomeMy WebLinkAboutJANUARY 30, 1989
"WORLD'S LARGEST RESORT CITY"
CITY COUNCIL
M.YOR M@M E, OBEMMU, A,
VICE MAYOR ROWRT E. FEW@, V4i.@ @h @h
-ERT W. B@0,
JON. A. -U., -- @,h
HAROW HE-R. ., @,
@ . H-1". P.- @,h
M" S M@@M,
].H' 0, M.W.
NM@ K l@K Al
JOHN L PE"Y. @,@ @,h
WIW- JR., .1
281 C@ HAU BUILDING
MUNICIPAL CENTER
IUBUY V AM. JR, Cil, -- CITY COUNCIL AGENDA VIRGINIA BEACH, VIRGINIA 23456-M2
I @ --N. @il, A..- (804) 427-4303
-@H, CI, C@k
January 30, 1989
ITEM 1. CITY MANAGERIS BRIEFING - Conference Room - 11:00 AM
A. TRT LIGHT RAIL
B. NOISE ISSUES
C. PROPOSED CZO AMENDMENT
Role of Board of Zoning Appeals in Rezonlng and Use Permit
Matters Where Variances to Minimum Lot Size and Lot Width
Requirements Are Needed
Robert J. Scott, Director of Planning
ITEM Ii. COUNCIL CONFERENCE SESSION - Conference Roorn - 1:00 PM
A. CITY COUNCIL CONCERNS
ITEM 111. INFORMAL SESSION - Conference Room - 1:30 PM
A. CALL TO ORDER - Mayor Meyera E. Oberndorf
B. ROLL CALL OF COUNCIL
C. RECESS TO EXECUTIVE SESSION
ITEM IV. FORMAL SESSION - Councfl Chamber - 2:00 PM
A. INVOCATION: Reverend John Winstead
Church of Christ - Creeds
B. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
ca
1. INFORMAL & FORMAL SESSIONS January 23, 1989
E. CITY MANAGER'S PRESENTATION
BOND REFERENDUM COMMITTEE REPORT
William Schlimgen, Chairman
F. CEREMONIAL PRESENTATION
CRIME SOLVERS AWARD
G. PUBLIC HEARING
VIRGINIA TISSUE BANK: Exemption of Real and Personal Property Tax
H. RESOLUTIONS
1. Reso l ution support[ng leg Is I ation whl ch WIII deslgnate real and
personal property owned by Virginia Tissue Bank as being exempt
from state and local taxation.
2. Resolution to AMEND Official Travel Regulations.
3. Resolution to Authorize and Direct the City Manager to Execute an
Agreement with Hunton and Williams to Serve as the Clty's Bond
Counsel.
1. CONSENT AGENDA
All matters listed under the Consent Agenda are considered in the
ordinary course of business by City Council and will be enacted by
one motion In the form listed. If an Item Is removed from the Consent
Agenda, It will be discussed and voted upon separately.
1. Ordinance to AMEND and REORDAIN Section 21-315 of the Code of the
City of Virginia Beach re the disregarding of a signal to stop by a
Pollce Officer.
2. Ordinance to AMEND and REORDAIN Section 23-11.1 of the Code of the
City of Virginia Beach re objects, substances thrown from
buildings, etc.
3. Ordinance declaring certain property EXCESS and authorizing the
City Manager to dispose of same (3561 Shawn Court).
4. COST PARTICIPATION AGREEMENTS
a. Cypress Point Subdivision Sewer $148,180.00
b. Grande Junquetion Water $ 7,516.64
c. Resource Bank, Birchwood Mall Water $ 4,666.50
5. RAFFLE PERMIT
VIRGINIA BEACH GENERAL HOSPITAL AUXILIARY, INC. Raffle
6. Ordinance authorlzlng tax refunds In the amount of $1,641.55.
7. Ordinance authorlzlng license refunds In the amount of $3,559.17.
J. UNFINISHED BUSINESS
K. NEW BUSINESS
1. Interim Flnancial Statements for the Period July 1, 1988, through
November 30, 1988.
L. ADJOURNMENT
CITY COUNCIL SESSIONS
RESCHEDULED
FEBRUARY 20, 1989 2:00 PM
CANCELLED
tfPRESIDENTSI DAY"
All other Sessions will be
in accordance with the City Code
M I N U T E S
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
January 30, 1989
The CITY MANAGER'S BRIEFING to the VIRGINIA BEACH CITY COUNCIL was called to
order by Mayor Meyera E. Oberndorf in the Conference Room, City Hall Building,
on Monday, January 30, 1989, at 11:00 A.M.
Council Members Present:
Albert W. Balko, John A. Bauri, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, Reba
S. McClanan, John D. Moss and @llayor Meyera E.
Oberndorf
Council Members Absent:
Nancy K. Parker (ENTERED: 11:10 A.@@,I.)
John L. Perry (EINTERED: 11:07 A.M.)
William D. Sessoms, Jr. (OUT OF THE CITY)
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C I T Y M A N A C E R 'S B R I E F I N G
TRT LIGHT RAIL
11:00 A.Yi.
ITEM # 30695
James C. Echols, Executive D4rector - Tidewater Transportation District
Co,-,imission, introduced the individuals responsible for the ANALYSIS OF LIGHT
RAIL TRANSIT BENEFITS: John White, Project Manager - Wilbur Smitli and
Associates; David Powers, ridership estiniates - Wilbur Smith & Associates;
Dlichael Sexton, Traffic En-ineer - Wilbur Smith & Associates; Michael Goode,
ip-volved with cost estir@.iating features of or4-ginal studies - Parsons,
Brinkerhoff Quade & Douglas; and, Jim Prost, resporisible for the econorqic
benefit study - ZHA. Inc.
John White presented a brief overview of the project and planning work to-date:
LRT SYSTEM OVERVIEW
NORFOLK CBD VIRGINIA BEACH PAVILION
Rail Line Length 17.7 Miles
Stations 13
Propulsion Systems Electrified Overhead
Catenary
Vehicles per Train 2 Initially; 3 About Year 2000
Operating Hours 6:00 a.m. to 10:00 p.m. -
Monday - Thursday
6:00 a.m. to 12:00 Midnight -
Friday & Saturday
7:00 a.m. to 11:00 p.m. -
Sunday
Peak Service Hours 6:00 a.m. to 9:00 a.m. -
Monday - Friday
3:30 to 6:30 p.m. -
Monday - Friday
Headways 15 Minutes Peak
30 Minutes Off Peak
Weekday Ridership (average) 17,100 Residents
1,600 Nonresidents
18,700 Ridership
Maximum Speed 50 MPH
Travel Time 40 Minutes
The System will operate between Norfolk and Virginia Beach. The line would be
extended from the vicinity of Brambleton Avenue into Norfolk on tlie new
construction up Plume Street and from the vicini@-y of Norfolk Avenue
northwardly just souti, of tile Pavilion Convention Center. There would be six
park-and-ride facilities with a total of 1,718 spaces to be provided for
parking.
C I T Y M A N A G E R 'S B R I E F I N G
TRT LIGHT RAIL
TTEM # 30695 (Continued)
John White presented a conception of the downtown station, which would be
modest but adequate with a vending machine for tickets. The downtown statior).
would be located in the south corner of a City owned parking lot at Plume and
Granby. The Pavilion Station Stop wouid be a park-and-ride facility and space
for pedestrian walk-ins. The Pavilion Station would occupy the area between
Virginia Beach Boulevard and Nineteenth Street, being directly below the
Pavilion Convention Center.
The corridors ,iost iripacted with relation to traffic flows by the LRT system:
South Birdneck, Independence Boulevard and Plurie and Saint Paul's Boulevard.
The cost for improvemen"s are included within the project. Tlie LRT would be
elevated at the Independence Boulevard crossing. Tn order to elevate, there is
a station that would be just to tlie east of Independence Boulevard and that
would be an elevated station. There is not sufficient roofi to return to grade
before Constitution Drive; therefore, it would also be elevated over
Constitutio@i Drive. There is a basic problem as far as the intersection of
Newtown and Princess Anne. The suggested solution is a type of grade separation
at this intersection. The Environmental issues were addressed through out the
Corridor. By utilizing innovative and pleasing design, the system could be
implerqented without creating any visual intrusion probler@is. Design techniques
would minimize noise. Neighborhood Inpacts were addressed from the standpoint
of crossings; as well as the need to fence in selective locations. Fencing has
been included in the cost estimate. From the standpoint of permill t4 ng, it is
suggested to correlate with the Corps of Engineers and the Coast Gtiard.
WiLh relation to the Capital Costs, the total cost in the initial phase would
be $102-MILLION. This amount includes the cost of right-of-ways for those
extensions and the necessary construction for coniiection tracks. The rail line
rehabilitation track would be completely rebuilt. The station facilities also
include security by closed circul-t television. This Capital Costs would entail
14 vehicles i.nitially, which would be adequate in the early phases. An
additional six wotild be added later bringing the Capital Cost to $110-MILLION.
A feeder bus system was analyzed. The average dai.ly patronage in the year 2005
would be 18,700 passengers which translates on an annual basis to 5,782,400.
With regard to Station Utilization, the City Governrient Center and the Downtown
Tunnel iiorfolk are the largest attract4.ons.
John White displayed a graph indicating the LRT Usage Pattern:
54% originates in Virg4@nia Beach and goes to
Norfolk
24/- reniains in Virginia Beach
i4l, goes form. Norfolk to Virginia Beach
7/- ori-.inates in Norfolk to points in Norfolk.
Assuming $5-iIILLION were available for the initial engineering, planning and
riglit-of-way acquisition, this would involve a $97-Million bond issue of which
$9-MILLION would be required for the Annual Debt Service ivith a contribution
from the State for approximatelv $5-@i@LLION witli a local contribution of $4-
MILLIO@i.
In addition to the basic corridor from @iorfolk to Virginia Beach, the
feasibility of getting to the Naval BaSSe was examined. Norfolk and Western has
a line running froin Tidewater Junction to the Naval Base. Fowever, unscheduled
grain trains, container trains and freight trains are operated. There is much
industrial switch,'-ng between the Tidewater jlinction location and the area of
Chesapeake Boulevard. The corridor could be utilized but not the tracks. Tlie
line that attempts to follow Ingleside Road was an alterna l@ve but does not go
far enough beyond the Industrial area; therefore, it was elir-iinated. Another
alternative was to follow -illorchester Avenue. Ttiere was a rail line in
Norchester Avenue between the south route of the I,,'orfolk/Southern and the north
route of the @iorfolk/Southern. Interstate 64, just west of Newtown Road,
following out to the vicinity of Wards Corner, was also another alternative.
Ur,.fortunall-ely, the Virginia Department of Transportation advises, due to the
plan, design and construction of l@OV Lanes, this corridor would not be
available.
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C I T Y M A N A G E R 'S B R I E F I N G
TRT LIGHT RAIL
ITE@ # 30695 (Continued@)
Utilizing the Norchester Avenue configuration, with regard to a patronage
analysis, a three-hour peak period would attract 3,000 riders per day. Using a
one-hour peak to the Base in the iqorning and back in the afternoon would
attract 1500 riders. An express bus alone would attract 2200 riders. If an
express bus was run from the @@@ewtown Road Station to the Base, individuals
using the LRT and transferring, would attract approxiriately 1500 riders. The
cost of constructing the Norchester N & W Line and out -lo the beach would be
$32-MILLION cost with an Annual Operati-ng Cost of $564,000.
Jim Prost, ZHA, Inc. advised the Econo-mic Benefits of the Light Rail Transit.
ZHA selected comparable systems having the characteristics siroilar to the
proposed Virginia Beach/Norfolk light rail with the majority of the emphasis
being on the Portland and San Diego LRT System.
Jir.i Prost reiterated the four (4) major factors in identifying the impacts of
the Light Rail Transit:
Traffic/Transportation
Fiscal/Revenue IP.Iplications
Capital Cost Reinvestment
Other Impacts
-.he proposed Light Rail would offer transportation capacity to one of the P-lost
heavily traveled corridors in the rnetropolitan area. It would reduce corridor
traffic by approximately 7,400 private car trips daily and save the
construction of approximately 1,500 ($12-i"iILLION in construction costs)
downtown Norfolk parking places. Without the light rail traiisit, the only
alternative to si-nificantly increase corridor travel capacity is to build
additional lanes of freeway. Peak-hour transit capacity equates to two lanes of
expressway. It would cost adproximately $4-i4lL@IION per mile per lane, or $136-
MILLIO@,' for 17 miles of two-lane freeway.
To determine the Fiscal Impacts, five (5) categories were examined:
Reduced parking
Increased developnient
Reduced sprawl
Increased property values
Tncreased convention business
Su,m-narizing the fiscal benefits to both Virginia Beach and Norfolk,
approximately $9-MILLION to Virginia Beach annually and $900,000 to Norfolk. Of
the $102-MILLION Capital Costs, 825-@IILLION would be retained in the region.
Sur,imarizing the fiscal and the reinvestment iripacts, there is approximately a
$72.6-f,IILLION benefit to the region, but evenly distributed slightly larger to
Virginia Beach with a $36.8-@'ILLION benef-'@t versus a $35.7-1@IILLION benefit to
Norfolk. Basically, there are significant greater fi-scal benefits to Virginia
Beach which are generally offset by the parking cost savings in downtown
Norfolk.
CAPITALIZED VALUE OF THE LRT SYSTEM
New Employment $185,000,GOO
Real Estate 180,000,000
Travel Benefits 25,000,000
Convention/Tourism 9,000,000
TOTAL $399,000,000
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C I T Y M A N A C E R 'S B R I E F I N C
TRT LIGHT RAIL
ITEt,i # 30695 (Continued)
Jim Echols advised tlie LRT was basically a single track, but with passing tracl<
at a nuniber of locations. Trains running fifteen (15) minutes in each direction
can be maintained.
Councilman @ioss advised as one drives along that pirticular corridor in
Virginia Beach, the majority of the land adjacent to tlie railroad tracks is
encunibered by developinent. Councilman floss inquired as to what land use changes
will Virginia Beach have to adopt to realize the benefits.
Jim Prost advised individual sites were identified, as well as the laild
-,vailability and the zoning. Some development was brought up to Floor Area
Ratios of 1-1/2 which is significantly greater than exists at Lhe present ti-ne.
Basically, ZliA, Inc. assumed modifications would be riade to accor@modate iqarket
opportunities at the stations, but did not asslime it would be a proactive
policy to speci-f4@cally encourage @,evelopinent at the stations.
Councilman Moss reqiiested specific terms relat-I've the City's current zoning and
the changes necessary to realj.ze the economic develop-,nent of the LRT.
In response to Councilwoman Parker, Jim Prost advised there would be
approximateiy 6-MTLLTO@l sqtlare feet of additional development over this 15-
year period in the conbined Norfolk/Virginia Beach Corridor. Three tir@ies as
much benefit in terr.,s of square feet of development could occur in Virginia
Beach than in inorfolk. Within 2500 feet of tlie Station areas, additional
co@iimercial develop,,nent is foreseen, ZHA assumes within the corri-dor outside of
tlie inmediate station areas will attract more residential development.
In response to Councilwoj,.an @IcClanan, Jim Prost advised the land availability
and differential assumptions of each individual station resulting in densities
ranging from .3 FAR (Floor area ratio) (2 or three story building with slirface
parking) up to a 1-1/2 FAR (m-'@d rise off@-ce building). The proiected new
density is townhouse, between 10 and 20 units per acre. Councilwoman DIcClanan
requested a completion of the cost increases in the system which 'Iave been
built around the Country. Contin-.ency funds have been included within the
system to allow for certain additional costs.
With relation to population density along the Corridor about a mile on eitlier
side of the rail line, between 1988 and 2005, the population is goirig "o grow
by approximately 50/-, which rfleans an additional 80% of autoinobiles.
Councilnan Balko referenced the Summary of Traffic Impacts of Proposed LRT
System Existing Conditions on page 12 of the City Staff report and the minir-qal
traffic impact on certain corrido-s.
TRT is not competin-. with the Southeastern Expressway for market share. The LRT
and the SoutheasLern Expressway are two separate elements of the overall
transportation system. The Southeastern Ecpressway is anticipated to be in
place by the year 2010 according to the traffic forecasts of the Planning
Districts. Given that facility being built, that facility will be loaded up
with traffic and still have too much ii,. the corridor between Norfolk and
Virginia Beach.
Councilwoman Henley advised the TRT representatives will be available after the
City Council Meeting to respond to further City Council inquiries. Councilwoman
Henley advised in order to apply for funds for this year, the grant application
,nust be made by the last of February. The Transportation District Conmission
has to authorize the Director to ,,iake the application the second Wednesday of
the nonth, February Eighth.
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C I T Y M A N A G E R 'S B R I E F I N G
NOISE ISSUES
12:35 P.M.
ITFI'i # 30696
Assistant City Attorney WilliaiD Byman advised City Council relative controlling
various noise issues.
Assistant City Attorney Byman referenced complaints in the Resort Area relative
noise, mainly loud speaker sources. One establishrqent in particular, the River
House Restaurant, because of its unique location in the niddle of the Resort
Area but surrounded by residential housing, was the prime source. Complaints
relative other establishmen"s were resolved with the co-operation of the City
Attorney and Police Departrient. Ultimately citations were issued to the Mana-.er
and one of the owners of the River House Restaurant. Tlie Manager was convicted
in District Court; however, ol) appeal, the Judge examining the City Code
relative loud and unnecessary noise deternined the Code section naking it
unlawful or unreasonable to disturb any person was too confining. This gave the
City the right to criminally penalize an individual guilty of only a private
nuisance. The Jtidge DECLARED the Citv's Ordinance unenforceable.
Assistant City Attornev Byman advised this judgment has been APPEALED to the
Supreme Court, whicli h.Lstorically involves one to three years. Secondly, there
is the possibi-lity of a Charter Change.
An amendrient to the Noise Ordinance has been prepared. In the pas-@ City Code
Section 4-1 requires the permits for outdoor music festivals. Assistant City
Attorney Bynan has suggested to Chief Wall this section be expanded to include
any outdoor live or recorded musical entertainment. This has been amended to
exclude outdoor musical entertainment attended by fewer than fifty people.
Councilman Balko expressed concern that tliis amendnient could affect a Fig,@
School Band at an outdoor football garie.
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C I T Y M A N A G E R 'S B R I E F I N G
PROPOSED CZO AMENDMENT
ITEM # 30697
The Briefing relative the Role of the Board of Zoning Appeals in Rezoning and
Use Permit l@iatters where Variances to 14ini-mum Lot Size and Lot Width
Requirements are needed was RESCHEDULED. This itefn will be addressed by Robert
Scott, Director of Planning, at the City Council lleeting of February 6, 1989.
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C I T Y C 0 U N C I L C 0 N C E R N S
ITF2,1 # 30698
Vice @iayor Fentress distributed a copy of a Resolution requesting the General
Assembly of Virginia to Abolish the Virginia Beach Erosion Council and
resolving that City Council will tal(e Certain Actions iri relation to Beacli
Mangerient and Erosion Control throughout the City. This item will be ADDED-ON
under NEW BUSINESS in tlie Formal Agenda.
TTEM # 30699
Vice Mayor Fentress referenced an arti.cle concerning a two-year old girl mauled
by her father's Pit Bulls.
Vice Mayor Fentress requested the City Manager and City Attorney review the
present Ordinances relat4-ve animals to determine their adequacy. fiew York City
has taken very definite steps to control this breed . There is a gentleman
below the Green Line who advised the loss of 16 sheep and goats from Pit Bulls.
ITE!q 30700
The INFORMAL SESSION of the VIRGINIA BEACH CIn COUNCIL was called to order by
Mayor Meyera E. Oberndorf in the Conference Room, City flall Building, on
ilionday, January 30, 1989 at 1:00 P.M.
Council i"@e-mbers Present:
Albert W. Balko, John A. Baur-i, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara Henley, leba
S. iicclanan, Jolin D. 14oss, i4ayor iieyera E. Oberndorf,
Nancy K. Parker and John L. Perry
Council 1,@@lembers Absent:
Williari D. Sessoms, Jr.
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ITDI # 30701
@iayor Meyera E. Oberndorf entertained a motion to permit City Council to
conduct its EXECUTIVE SESSION, pursuant to Section 2.1-344, Code of
Virginia, as arqended, for the following purposes:
1. PERSONNEL MATRERS: Discussion or consideration of ernployrqent, assignment,
appointment, promotion, performance, demotion, salaries, disciplining or
resignation of public officers, appointees or employees.
2. PUBLICLY HELD PROPERTY: Discussion or consideration of the condition,
acquisition or use of real property for public purpose, or of tlie
disposition of publicly held property, or of plans for the future of an
institution whic-i could effect the value of property ow',Ied or desirable
for ownersliip by such institution.
3. LEGAL MATTERS: Consultation with legal counsel or briefings by staff
riembers, consultants or attorneys, pertaining to actual or potential
litigation, or other legal matters within the jurisdiction of the public
body.
Upon motion by Councilman Balko, seconded by Councilman Baum, City Council
voted to proceed into EXECUTIVE SESSIOii.
Voting: 8-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice l@layor Robert E.
Fentress, Harold Heischober, John D. Moss, Mayor
Meyera E. Oberndorf, Nancy K. Parker and John L.
Perry
Council Men@bers Votin-. Nay:
None
Council llembers Absent:
Barbara i@i. flenley,* Reba S. @IcClanan" and William D. Sessoms, Jr.
Councilwoman fienley and McClanan were only ABSE14T for tlie vote.
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F 0 R M A L S E S S I 0 N
VIRGINIA BEACH CITY COUNCIL
January 30, 1989
2:00 P.II.
@'@ayor Meyera E. Oberndorf called to order the FOFJ4AL SESSION of the VIRGINTA
BF,ACH CITY COUNCIL in the Council C',aaiibers, City f@all Building, on Monday,
January 30, 1989, at 2:00 P.M.
Council I'ler@ibers Present:
Albert W. Balko, John A. Baun, Vice @,ayor Robert E.
Fentress, Harold Ileischober, Barbara M. @.enley, Peba
S. lIcClanan, John D. Moss, Mayor Meyera E. Oberndorf,
iNancy K. Parker and John L. Perry
louncil llier..ibers Absent:
William D. Sessoms, Jr.
INVOCATIOiN: Reverend C. Phillip Bush
Oalc Grove Baptist Church
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF OIERICA
2
Item IV-D.1
ITEM 30702
The City Clerk, advised in accordance with City Code Section 2-21, iliayor Meyera
E. Oberndorf called the SPECIAL SESSIONS of the VIRGINIA BEACH CITY COUNCIL on
Monday, January 30, 1989, for the purpose of considering Ordinances,
Resolutions and other iteris of the City Administration necessary for action by
City Council. These Sessions replace regularly sclieduled sessions January 2,
1989, (@'iew Year's Day lioliday) -
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Iteri IV-D.2.
MINUTES ITEII # 30703
Upon motion by Councilman Balko, seconded by Vice Mayor Fentress, City Council
APPROVED the INFORMAL & FORMAL SESSIONS of the City Council iieeting of January
23, 1989.
MEYERA E. OBERNDORF MUNICIPAL CENTER
MAYOR VIRGINIA BEACH, VIRGINIA 23456-9002
January 19, 1989 (804) 427-4581
HONORABLE MEMBERS OF CITY COUNCTL
In accordance with City Code Section 2-21 and by the
authority vested in me, I hereby call a SPECIAL FORMAL SESSION of
the VIRGINIA BEACH CITY COUNCIL in the Council Chambers, City Hall
Building, on Monday, January 30, 1989, at 2:00 P.M. to be preceded
by the INFORMAL AND EXECUTIVE SESSION for the purpose of
considering Ordinances, Resolutions and other items of the City
Administration necessary for action by City Council.
January Thirtieth is a RESCHEDULE of the January 2, 1989,
City Council Session which was a legal holiday.
Respectfully,
Meyera E. Oberndorf
Mayor
RGJ/bh
cc: Aubrey V. Watts, Jr., City Manager
J. Dale Bimson, City Attorney
Ruth Hodges Smith, CMC/AAE, City Clerk
Pam Lingle, Director of Public Information
Virginia Beach City Council Received Notice
Councilman Albert W. Balko
Councilman John A. Baum
Councilman Robert E. Fentress
Councilman Harold Heischober
Councilwoman Barbara M. Henley
Councilwoman Reba S. McClanan
Councilman John D. Moss
Councilwoman Nancy K. Parker
Councilman John L. Perry
Councilman W. D. Sessoms
Cit@@f N7ijrg;iiai"
MEYERA E. OBERNDORF MUNICIPAL GENTER
MAYOR VIRGINIA BEACH, VIRGINIA 23456-9002
(804) 427-4581
January 19, 1989
HONORABLE MEMBERS OF CITY COUNCIL
In accordance with City Code Section 2-21 and by the
authority vested in me, I hereby call a SPECTAL FORMAL SESSION of
the VIRGINIA BEACH CITY COUNCIL in the Council Chambers, City Hall
Building, on Monday, January 30, 1989, at 2:00 P.M. to be preceded
by the INFORMAL AND EXECUTIVE SESSION for the purpose of
considering Ordinances, Resolutions and other items of the City
Administration necessary for action by City Council.
January Thirtieth is a RESCHEDULE of the January 2, 1989,
City Council Session which was a legal holiday.
Respectfully,
Meyera E. Oberndorf
Mayor
RGJ/bh
cc: Aubrey V. Watts, Jr., City Manager
J. Dale Bimson, City Attorney
Ruth Hodges Smith, CMC/AAE, City Clerk
Pam Lingle, Director of Public Information
Virginia Beach CitV Council Received Notice
Councilman Albert W. Balko
Councilman John A. Baum
Councilman Robert E. Fentress
Councilman Harold Heischober
Councilwoman Barbara M. Henley
Councilwoman Reba S. McClanan
Councilman John D. Moss
Councilwoman Nancy K. Parker
Councilman John L. Perry
Councilman W. D. Sessoms
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Item IV-D.2.
MINUTES ITEM # 30703
Upon @,.qotion by Councilman Balko, seconded by Vice Mayor Fentress, City Council
APPROVED the INFORMAL & FORMAL SESSIONS of the City Council lleeting of January
23, 1989.
Voting: 10-0
Council @@@embers Voting Aye:
Albert W. Balko, John A. Baur@i, V@Ice iliayor Robert
Fentress, liarold Ileischober, Barbara M. Henley, Reba
S. IlcClanan, John D. Moss, @layor Dieyera E. Oberndorf,
Nancy K. Parker and John L. Perry
Council M--mbers Voting Nay:
lione
Council illenbers Absent:
lqilliani D. Sessoms
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Item IV-E.
PRESENTATION ITEII # 30704
William Schlim.@en, Chairman - 1986 Bond Peferendurn Committee, reported to City
Council expenditures and obligations incurred by the City on highway and school
capital projects through Decenber 31, 1988.
Of the $40,000,000 APPROVED for seveii higliway projects, $11,1@73,241 or 28.4%,
had been contracted through December 31, 1988, while expenditures for school
projects totaled $17,501,069 or 54.2%, of the APPROVED funds of $32,310,000.
Tliree of the highway projects are now under construction with work having
recently begun on Lynnhaven Parkway - Phase V. Also, three of the school
projects are now under construction with work having begun on Ocean Lalces
Elementary. Work is also about to begin on a fourth school, Glenwood
Elementary, wliile one of the two scheduled property acquisitions has been
completed with the recen,@ purchase of the Green Run Junior l'igh Site.
In accordance with the established semi-annual schedule, this report will be
published in THE BEACON.
- 15 -
Item IV-F.I.
CEREMONIAL PRESENTATIONS TTal # 30705
CRI14E SOLVERS AWARD
George Duvall, Chairman of the Crime Solvers Board of Directors, introduced
those i-n attendance:
CRIME SOLVERS BOARD OF DIRECTORS
Bill Myers
Al Craft
Peter Gualeni
Henry B. McDonald
Commonwealth Attorney Paul Sciortino
ADVISORY BOARD
Chief Charles Wall
Sergeant J. K. Gray
Chief H. E. Diezel
COORDINATORS
Detictive Jim Barnes
Detective Jim McKinney
George Duvall advised 715 persons from four countries convened for the Ninth
Annual Crime Stoppers International Conference in Norfolk, Virginia, on
October 8-12, 1988. Virginia Beach Crime Solvers, for the fifth straight year,
iias presented the "Productivity Award" for cities having tlie population of
250,000 to 500,000. In 1988 tl-,e program assisted in the clearing of 678 cases.
George Duvall PRESENTED this Award to the Mayor and Members of City Council as
well as a Crime Solvers Pin.
- 16 -
Itein IV-G.l.
PUBLIC MRING ITEIL # 30706
@layor lleyera E. Oberndorf DECLARED a PUBLIC HEARING:
VIRGINIA TISSUE BANK
Exemption of Real and Personal Property Tax
Bill Anderson, Executive Director, the Virginia Tissue Bank, advised Virginia
Tissue Bank was formed '@n 1982 to recover hunian organs and tissues for
transplantation froni deceased individuals for those who are in desperate need
of tliese gifts. Over a period of ti-rie, tlie Virginia Tissue Bank has become
the organ procurement for most of Virginia.
Bob En-esser, 5290 Vestry Drive, Phone: 499-3157, spoke in OPPOSITION and
inquired whether the Tissue Bank recel-ved any government grants.
There being no further speakers, the Mayor CLOSED the PUBLIC HEARING.
'riie Virgiiiia lteacli Suii,.Iaiiuary 25, 1989 9
Public Notice
PUBLIC IIEARING
The Virginia Beach City Council
will hold a Public Hearing upon
applicadon of Virginia Tissue Bank
for exemption of real and persolial
property tax:
2 p.m., Monday, Jan. 30, 1989.
City Hall, Municipal Center.
All interesied citizens will be
givcn an opportunity to be hcard.
Ruth Hodges Smith
CMC/AAE
City Clcrk
4- 10
l'i'l -25V IIS
- 17 -
Item IV-1i.l.
RESOLUTIONS ITFII # 30707
A MOTION was made by Vice V@ayor Fentress, seconded by Council.,nan Perry to
ADOPT:
Resolution supporting legislation which will
designate real and personal property owned by
Virginia Tissue Bank as being exempt from state and
local taxation.
Voting: 3-7 (MOTION LOST TO A NEGATIVE VOTE)
Council Members Voting Aye:
Robert E. Fentress, Barbara M. @ienley and John L.
Perry
Council I,,embers Voting Nay:
Albert W. Balko, John A. Baum, Vice lqayor Ilarold
Ileischober, Reba S. iIcClanan, John D. Moss, ill@ayor
Meyera E. Oberndorf and Nancy K. Parker
Council i4eribers Absent:
Williarn D. Sessoms, Jr.
- 18 -
Item TV-H.2.
RESOLUTIONS ITOL # 30708
Upon riotion by Councilrian Moss, seconded by Vice Mayor Robert E. Fentress, City
Council ADOPTED:
Resolution to AMEND Official Travel Regulations.
Councilman f@oss requested City -@taff exainine the inclusion of laundry expenses
for extended periods of travel and the issue be examined when alcoholic
expenses are or are not reimbursed.
Assistant City Manager for Administration, Giles Dodd, advised City Council did
not have to show an odorqeter reading. Giles Dodd advised A.2.(4) regarding
usual workplace does not pertain to "ity Cot!ncil
Voting: 9-1
Council Menibers Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Ilenley, Reba
S. McClanan, John D. Moss, Mayor t4eyera E. Oberndorf,
and Nancy K. Parker
Council @i@eirbers Voting Nay:
John L. Perry
Council Members Absent:
William D. Sessoms, Jr.
A RESOLUTION TO AMEND OFFICIAL
TRAVEL REGULATIONS
WHEREAS, the Council for the City of Virginia Beach has
reviewed the official Travel Regulations for the City; and is of
the opinion that certain changes should be made concerning these
regulations; and
WHEREAS, these changes have been incorporated in the
attached exhibit.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE
CITY OF VIRGINIA BEACH, VIRGINIA:
That the attached Official Travel Regulations (Exhibit
A) are hereby incorporated by reference and are approved and
adopted; and
That any travel regulations that are inconsistent with
those set forth in Exhibit A are hereby repealed.
This Resolution shall be effective from date of
adoption.
Adopted by the Council of the City of Virginia Beach,
virginia, on the 30 day of January 1989.
Exhibit A
OFFICIAL TRAVEL REGULATIONS
1. PURPOSE
Stated herein are the city's policy and the necessary
rules and regulations for payment of expenses incurred while
city employees, members-of--t@@@ i-l-i- and appointees
of the City Council of the City Council where
applicable) are tra@ ty business. it is tRe-
i;tent of this policy to assure fair and equitable treatment
of all individuals traveling on city business at city
expense. it is the purpose of these regulations to provide
a reasonable and systematic means by which the cost of
travel may be estimated for budget preparation and
controlled for purposes of economy. Should these
regulations conflict with travel policy under either
partially or fully funded state and/or national grants, then
state or national regulations shall apply.
II. DEFINITIONS
A. Authorized trips - Travel on city business for
which funds has have been approved by the City
council and/or the City Manager in the budget
process or hdis have been given special
consideration by the Training Committee.
B. Travel Advance - Money given in advance of travel
when the estimated expenses are to be more than
$50.00.
C. Authorized Signature - Those individuals with the
authority to permit travel on city business. On
official travel forms authorized signatures
include the department head or representative or
in case of the Training Committee, the Personnel
Director or representative.
D. Travel Expense Reimbursement Voucher (D. F. 8-4)-
The form prepared by the traveler upon conclusion
of the authorized trip for reimbursement of travel
expenses.
E. Official Mileage Chart (D. F. 55) - The form
prepared by the traveler for reimbursement of
official travel in a personal car.
F. Travel Advance Form (D. F. 5-5) - A vendor's
invoice prepared by the traveler and indicating
the destination, date and amount needed for
travel.
11. DEFINITIONS (concluded)
G. Traveler - The individual representing the city on
an authorized trip.
III. CITY COUNCIL TRAVEL
A. All City Council travel should be coordinated and
processe hrough the Citv Clerk's ottice.
Arranqements for travel can be ma e the City
c upon tne completion of
travel claims for reimidursement should be routed
t ttice.
B. R irements make it essential that each
his/her own travel claim. it
practicable, accompanvina travelers @ r
and claim the r expenses on separate vouchers.
Expenses Paid by the trav(
of the city mus separate v along with
t ness relationship(s) to
t
T
ses.
C. All claims for reimbursement must be presented by
Th-e Clerk t ance on the
Standard Tr@ nt Voucher.
For Council ture of the
traveler is i
D. Travel bv City Council members shall be limited to
the allocation provided in the city's operating
b s otherwise amended by City Council.
E. For fiscal accountability, City Council Members
who travel should adhere to the other rules and
regulations of this policy, where applicable.
IV. GENERAL POLICY
A. Travel on city business includes trips within and
outside of the city to conferences, conventions,
workshops, seminars, educational and training
courses (including those approved by the Training
Committee), forums and other city related business
meetings. Justifiable expenses related I to such
travel are described in Section IV of this
regulation.
2
IV. GENERAL POLICY (Concluded)
B. All travel authorizations, advances and
reimbursements shall be made only on the
authorization of the eity- -l-, City Manager,
or the department head or his/her duly authorized
representative.
ceardinated-and-praeessed-through-the-eity-elerk's
eiiieeT
claims for reimbursement must be presented to the
Department of Finance on the standard Travel
Expense Reimbursement Voucher properly signed by
the traveler and a person authorized to approve
expenditure documents. dMd-the-tr&Veler7
C. Travelers may
secure an advance of funds to cover the cost of
travel. All travel advances should be presented
to the Finance Director's office not more than
fifteen (15) days or less than seven (7) days
before the start of travel in order to allow
adequate time for preparation of finances.
D. It is the responsibility of the traveler to
prepare the Travel Expense Reimbursement Voucher
for expenses incurred. It is also the traveler's
responsibility to file the travel voucher and
receipts with the Director of Finance no later
than 30 days from the date of returning from the
trip. If reimbursement is claimed later than 30
days, it may be disallowed, unless previous
authorization has been given by the Finance
Department.
E. Reporting requirements make it essential that each
traveler file his/her own travel claim. if
practicable, accompanying travelers should pay for
and claim their expenses on separate vouchers.
Expenses paid by the traveler for official guests
of the city must be listed separately along with
the guests names and business relationship(s) to
the traveler on the reimbursement claim voucher.
The city will not pay the expenses of accompanying
spouses.
F. Any expense considered excessive will be
disallowed.
3
V. JUSTIFIABLE EXPENSF.S
A. Transportation
1. In general, the city will reimburse for
travel the coach air fare when available or
the current mileage rate, not to exceed the
cost of coach air fare. The traveler should
attempt to take advantage of special travel
rates, such as super saver fares when it
best serves the citvls purposes.
2. mode of transportation
a. City Vehicles
(1) City vehicles should be used
whenever practical for official
business.
(2) Reimbursements f o r gasoline,
parking, tolls and justifiable
repairs to the city vehicle will be
provided if documented with
receipts. If possible, gasoline
and service should be obtained from
the City Garage.
b. Conunercial Aircraft
(1) If air travel is feasible, the fare
for commercial air transportation
on any trip should not exceed the
regular tourist fare.
(2) If the cost of air travel is paid
by the eMPlOYee7 traveler, a copy
of the paid ticket must be
submitted to the Finance Department
for reimbursement.
(3) Tbe travel agency should bill the
city, when possible. The name of
the traveler(s) and the business
purpose must be stated in the body
of the vendor's invoice making
payment to the travel agent.
4
V. JUSTIFIABLE EXPENSES (Continued)
A. Transportation (concluded)
2. Mode of Transportation (Concluded)
C. Private Automobile
(1) If other means of transportation
are not feasible or the use of a
private automobile better serves
the city's purposes, then use of an
employee's a private automobile may
be authorized.
(2) For use of h@siher a private car
the employee traveier will be
reimbursed at tbe current approved
mileage rate, except those
individuals with a car allowance
and travelinq inside the city, plus
parking and toll fees if
documented with receipts.
(3) An odometer reading from the
beginning to the end of the trip
must be shown on the official
Mileage Chart which must also be
submitted with the Tr
Reimbursement Voucher.1
(4) If travel is wholly within the
city, and if the traveler proceeds
directly to his/her destination
without going to the usual
workplace, the number of miles from
his/her home to the usual
workplace must be deducted from the
claim.
3. Related Transportation Costs
a. Taxicabs, public conveyance and
limousine fare, including tips, will be
allowed if travel by such means is
necessary. All such expenses must be
justified and explained in the Travel
Expense Reimbursement Voucher.
b. Ferry fares, road and bridge tolls and
parking charges are reimbursable items.
Receipts should accompany these expenses
and are required for any parking
expenses.
5
V. JUSTIFIABLE EXPENSES (Continued)
A. Transportation (Concluded)
3. Related Transportation Costs (Concluded)
C. If a rental car is necessary, the most
economical model should be selected and
all receipts should accompany the Travel
Expense Reimbursement Voucher.
B. Lodgings
1. Expenditures for lodging must be reasonable.
It is recognized that expenditures will vary
by geographic locations; the city shall pay
the prevailing single room rate per empleyee
traveler at the place of lodging.
2. When two or more empleyees travelers of the
same sex are attending the same event, the
sharing of quarters is encouraged. When
quarters are shared, the double room rate
will be reimbursed.
3. Hotel accommodations, or other travel
expenses, should not be charged directly to
the City of Virginia Beach. Instead the cost
of lodging must be substantiated by paid
bills for purposes of reimbursement.
4. Claims for overnight lodging in Williamsburg
and points between Williamsburg and Virginia
Beach are discouraged because these areas can
be reached quickly. Reimbursement claims for
lodging in these areas must be signed by the
appropriate department or division head.
C. Meals
1. Expenditures for meals must be reasonable.
It is recognized that expenditures will vary
by geographic locations; however, if the
expenditure is considered excessive, the
Travel Expense Reimbursement Voucher will be
adjusted.
6
V. JUSTIFIABLE EXPENSES (continued)
C. meals (concluded)
2. The city discourages the practice of
requesting reimbursement for noon meals
within the city limits. However, noon meals
in Virginia Beach are reimbursable te an
emplayee if the individual is appointed by
his/her department head to attend a specific
meeting or entertain an official guest of the
city.
3. Registration at a banquet is considered an
appropriate expense for a eit!y- an
individual when he/she is on the program of
the function or is the official designated
representative of the city.
4. Meals of $10.00 or greater must be
accompanied by receipts.
D. Other Travel Expenses
1. Tips are considered as a proper item of
traveling expenses, provided the amounts are
in proportion to the services rendered. They
should be listed separately on the Travel
Expense Reimbursement Voucher.
2. For registration fees for conferences,
conventions, seminars, etc. which require
payment in advance, a Vendor's Invoice with a
proper registration form stating the amount
of the fee must be presented to the Finance
Department at least two weeks in advance of
the conference. If possible, upon return
from the conference, a receipt for the
registration fee should accompany the Travel
Expense Reimbursement Voucher. If the
registration fees are paid at the conference,
then a receipt is required for reimbursement.
3. Long distance telephone or telegraph charges
will be reimbursed if related to city
business only. The points and parties
between which the calls were made or the
wires sent must be stated on the voucher
together with the reason therefor. In
addition, a City of Virginia Beach Long
Distance Telephone Memo should be completed
for all long distance calls.
7
V. JUSTIFIABLE EXPEt4SES (Concluded)
E. Non-Reimbursable Items
1. Personal expenses, such as: telephone calls,
haircuts, valet, laundry, beauty parlor, and
room service are not reimbursable.
2. Self entertainment activities such as: paid
TV, movies, night clubs, health clubs, dinner
theatres, bowling, etc. are not reimbursable.
3. No traveler shall be allowed either mileage
or transportation expenses when he/she is
transported by another traveler who is
entitled to mileage or transportation
expenses.
4. No travel insurance premiums will be paid by
the city.
5. The cost of travelers checks or money orders
is not a reimbursable item.
6. Loss of funds or personal belongings while
traveling is the responsibility of the
empleyee traveler and will not be reimbursed.
VI. PREPARATION OF FORMS
Enclosed is a sample of the Travel Expense
Reimbursement Voucher and the Official Mileage Chart of the
City of Virginia Beach.
ADOPTED BY CITY COUNCIL FEBRUARY 27, 1978.
COUNCIL APPROVED CHANGES NOVEMBER 17, 1980.
COUNCIL APPROVED CHANGES AUGUST 27, 1984.
COUNCIL APPROVED CHANGES DECEMBER 5, 1988.
8
- 19 -
item IV-H.3.
RESOLUTIONS ITEiq # 30709
Upon motion by Vice Playor Fentress, seconded by Councilman Baum, City Council
ADOPTED, AS AtiENDED":
Resolution to Authorize and Direct the City Manager
to Execute an Agreement with Hunton and Williams to
Serve as the City's Bond Counsel.
*!!unton & Williams shall serve as the City's bond counsel for a three-year
term, terminable at will by either party upon a sixty-day notice to the other
party.
Voting: 10-0
Council Meiibers Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, ilarold lieischober, Barbara @"I. Henley, 2,eba
S. l@Ic-Ilanan, John D. @loss, 'iiayor @@leyera E. Oberndorf,
Nancy K. Parker and John L. Perry
Council Members Voting Nay:
None
Council Members Absent:
William D. Sessoiis, Jr.
I A RESOLUTION TO AUTHORIZE AND DIRECT
2 THE CITY ATTORNEY TO EXECUTE AN
3 AGREEMENT WITH HUNTON 6, WILLIAMS TO
4 SERVE AS THE CITY'S BOND COUNSEL
5
6
7 WHEREAS, on August 15, 1988, City Council established a
8 Bond Financing Advisory Committee to solicit Request for
9 Proposals (RFP) from qualified bond counsels to serve in such
10 capacity for the City of Virgiriia Beach; and
11 WHEREAS, On November 4th nine excellent proposals were
12 received; and
13 WHEREAS, based on tlie evaluation criteria in the RFP,
14 the Committee has recommended the firm of Hunton & Williams to
15 serve as the City's bond counsel.
16 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE
17 CITY OF VIRGINIA BEACH, VIRGINIA:
18 That the City Attorney is hereby authorized and
19 directed to enter into an agreement with Hunton & Williams to
20 serve as the City's bond courisel for a three-year term,
21 terminable at will by either party upon a sixty-day notice to the
22 otlier party.
2 3
24 Adopted by tlie Council of the City of Virginia Beach,
25 Virginia, on the 30 day of January 1989.
26
27 LLL/cb/lmt
28 1/30/89
29 CA-3116
30 BDCON.RES
Cit@ @f
PROPOSED
J. DALE SIMSON MUNICIPAL CENTER
CITY ATTORNEY VIRGINIA BEACH, VIRGINIA 23456-9002
1804) 427-4531
In Reply Refer To Our File No. DF-1604
January 31, 1989
Harry Frazier, III, Esquire
Partner, Hunton & Williams
P.O. Box 1535
Richmond, VA 23212
Re: Engagement of Services as Bond Counsel
Dear Mr. Frazier:
I have been authorized by the City Council of the City of
Virginia Beach to engage the services of Hunton and Williams as
bond counsel for the City of Virginia Beach.
As submitted in your proposal dated November 3, 1988, the
fees for services in general obligation bond issues are to be
based upon a sliding scale of:
$1 per $1,000 of bonds for the first $6,000,000 plus;
$.75 per $1,000 for the next $6,000,000 plus;
$.50 per $1,000 for amounts in excess of $12,000,000.
For non-routine general obligation bonds, revenue bonds and
lease-purchase certificates of participation, fees will be
determined on an individual basis, either with a fixed fee
negotiated in advance when the scope of work is known or on
hourly rates as quoted on page 12 of your proposal (i.e., Harry
Frazier, III, $195 per hour; Mary Jo White, $115 per hour; Robert
M. Jessup, Jr., $105 per hour).
For work not directly tied to the issuance of bonds, such as
charter amendments and election work which does not result in a
bond issue, fees will be determined based upon the above-quoted
hourly rates.
Harry Frazier, III, Esquire -2- January 31, 1989
The period of this engagement at the above-quoted rates is
for a three-year term from the date of this letter. Either party
may terminate this arrangement at will, and without cause, upon a
sixty-day written notice to the other party.
As bond counsel for the City, you are requested to
coordinate your efforts on behalf of the City through the City
Attorney, and to keep the City Attorney advised as to the status
of all matters which you are handling oli behalf of tlie City.
I look forward to working with you and your staff in these
inatters.
Very truly yours,
J. Dale Bimson
City Attorney
JDB/LLL/lmt
cc: The Honorable Mayor Meyera E. Oberndorf
and Members of City Council
- 20 -
Item IV-1.
CONSENT AGENDA ITEIL # '110710
Upon r-qotion by Councilman Balko, seconded by Councilwoman Parker, City Council
APPROVED in ONE MOTION Items 4, 5, 6 and 7 of the CONSENT AGENDA.
Item IV-I.1, 2 and 3 were pulled for a separate vote.
Voting: 10-0
Council I-lerqbers Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara fli. iienley, Reba
S. @icClanan*", John D. Moss, Mayor Meyera E.
Oberndorf*, Nancy K. Parker and John L. Perry
Council Members Voting Nay:
None
Council Members Abstaining:
Councilman ileischober ABSTAINED on iterr, IV-4.c. as he
is a Director of the Resource Bank.
Council Members Absent:
William D. Sessoms, Jr.
"I'layor Oberndorf DISCLOSED she is Member of the Virginia Beach General Hospital
Auxiliary, Inc. but this will not inhibit her ability to vote in an objective
manner. (ITFM IV-T.5.)
""Councilwo@,nan McClanan DISCLOSED she is a Member of the Virginia Beach General
Hospital Auxiliary, Inc. but this will not inhibit her ability to vote in an
objective manner. (ITFIL IV-1.5.)
- 21 -
Item IV-1.1.
CONSENT AGENDA ITEI@I # 30711
Upon motion by Vice Mayor Fentress, seconded by Councilman Moss, City Council
DEFERREI) INDEFINITELY:
Ordinance to AMEND and REORDAIN Section 21-315 of
the Code of Lhe City of Virginia Beach re the
disregarding of a signal to stop by a Police
Officer.
Voting: 10-0
Council Merqbers Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, liarold Heischober, Barbara @l. Henley, Reba
S. licclanan, John D. 14oss, @layor Meyera E. Oberndorf,
Nancy K. Parker and John L. Perry
Council Members Voting Nay:
None
Council Members Absent:
William D. Sessoms, Jr.
- 22 -
Item TV-I.2.
CONSENT AGEi4DA ITEIL # 30712
Upon motion by Vice Mayor Fentress, seconded by Councilman Moss, City Council
ADOPTED:
Ordinance to AMEND and REORDAIN Section 23-11.1 of
the Code of the City of Virginia Beach re objects,
substances thrown from buildings, etc.
Voting: 9-1
Council i@leribers Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heiscliober, Barbara i,. Henley, Reba
S. McClanan, John D. Moss, l@layor Meyera E. Oberndorf
and Nancy K. Parker
Council Members Voting Nay:
John L. Perry
Council Members Absent:
William D. Sessoms, "r.
1 AN ORDINANCE TO AMEND AND REORDAIN
2 SECTION 23-11.1 OF THE CODE OF THE
3 CITY OF VIRGINIA BEACH, VIRGINIA,
4 PERTAINING TO OBJECTS, SUBSTANCES
5 THROWN FROM BUILDINGS, ETC.
6
7 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
8 BEACH, VIRGINIA:
9 That Section 23-11.1 of the Code of the City of
10 Virginia Beach is hereby amended and reordained to read as
11 follows;
12
13
14 Section 23-11.1. Objects, substances thrown from buildings, etc.
15
16 a. It shall be unlawful and a Class 1 misdemeanor, for
17 any person to throw, drop or project, or cause to be thrown,
18 dropped or projected from any building or structure any object or
19 substance wherein the impact of such object or substance shall be
20 upon public property or the property of another or may
21 constitute a hazard to the public.
22 b. The provisions of this section shall not be
23 applicable to lawful construction, demolition, agricultural or
24 commercial activities wherein appropriate precautions are taken
25 for the protection of the public.
26
27 Adopted by the Council of the City of Virginia Beach,
28 Virginia, on the Inth day of Tan@,n,3z 1989.
29
30 WEB/epm
31 12/12/88
32 CA-0$0 5
33 \ordin@proposed\23-011-l.pro
34
- 23 -
Ite@--,i IV-1.3.
CONSENT AGENDA ITE!,@i # 30713
Upon riotion bv Councilwoman McClanan, seconded by Councilr@ian Heischober, City
Council DEFERRED:
Ordinance declariiig certain property EXCESS and
authorizing the City Manager to dispose of same
(3561 Shawn Court).
The house in adjacent to the right-of-way and would be very expensive to i'@love
as @-t is on a concrete slab.
The "ity Staff will investigate tlie possibility of moving the house and
negoitate with the adjacent property owner to acquire this property.
Voting: 10-0
Council @feribers Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold I-',Ieischober, Barbara M. flenley, Reba
S. McClanan, John D. Moss, Mayor @ieyera E. Oberndorf,
Nancy X. Parker and John L. Perry
Council Menbers Voting !lay:
None
Council Members Absent:
William D. Sessorqs, Jr.
- 24 -
Item IV-I.4
CONSENT AGENDA ITEI,@'- # 30714
Upon motion by Councilman Balko, seconded by Councilwoman Parker, City Council
APPROVED:
COST PARTICIPATION ACRE-EMENTS
a. 1-ypress Point Subdivision Sewer $148,180.00
b. Grande Junquetion Water $ 7,516.64
c. Resource Bank, Birchwood Mall Water $ 4,666.50
Voting: 10-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice iviayor Robert E.
Fentress, flarold Ileischober, Barbara @;i. lienley, Reba
S. IIcClanan, John D. Moss, Mayor fleyera E. Oberndorf,
Nancy K. Parker and John L. Perry
Council t,'@eribers Voting Nay:
None
Council Members Abstaining:
Councilman Heischober ABSTAINED on Item IV-4.c. as he
is a Director of the Pesource Bank.
Council Merbers Absent:
William D. Sessoms, Jr.
AN ORDINANCE TO TRANSFER FUNDS IN nE
AMOLTNT OF $148,180 TO PRa= 6-992 CYPRESS
POIRr SEWER AND TO AUIHORIZE @ CITY @ER
TO EXECURE A COST PARRICIPATION
R. G. Moorle Building Corp. is developing ce@in y
in the Bayside Borough in accordance with the ternis and conditions of city
ordinances, and
WHEREAS, in order for the developer to provide service to this project,
it is necessary for the develcper to cons@ct certain sewer facilities, and
WHEREAS, the city has requested that the developer oversize the sewer
systein to serve the surrounding area, and
WHEREAS, the city desires to enter into a cost participation agreement
with the city's share of the costs at $148,180 with such costs to be charged to
capital project 6-992 Cypress Point Sewer, and
, the amount needed for the capital project ray be obtained by
transferring funds frcm projec;t 6-316 Various Sewer Proj@.
NOW, @RE, BE rr O@ BY = OO(JNCIL OF am CITY OF @INIA
BEACH, WWINIA that funds in the amount of $148,180 are hereby transferred from
project 6-316 Various Sewer Proj@ to project 6-992 Cypress Point Sewer for the
city's share of a cost participation agr@t.
BE IT ORDAINED that the City Manager is hereby authorized and
dir to enter into a cost participation agreement with R. G. Moore Building
Corp. for construction of certain sewer facilities. Said proposed agreement is
hereby appraved and attached.
lfhis ordinance shall be effective frum the date of its adoption.
Adcpted by the Council of the City of Virginia Beach, Virginia on the
30 day of January 1989.
CO@ITE@IT
AN ORDINANCE TO AUTHORIZE AND DIRECT
THE CITY MANAGER TO EXECUTE A COST
PARTICIPATION AGREEMENT
WHEREAS Birchwood Mall Associates is developing
aertain property -in the Lynnhaven Borough in aocordance with the
terms and conditions of city ordinances, and
WHEREAS, in order for the developer to provide water
service to this project, it is necessary for the developer to
construct certain water facilities, and
WHEREAS, the city has reques@ed that the developer
oversize the wa@er system to serve the surrounding area, and
WHEREAS, such construction is beyond the scope of the
developer's project but will provide for future city needs and
will prevent the city from incurring additional costs at a later
date, and
WHEREAS, the city desires to enter into a cost
participation agreement with the city's share of the costs at
$4,667 with such costs to be charged to capital project 5-306
Water Request and Agreement Projects.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE
CITY OF VIRGINIA BEACH, VIRGINIA that the City Manager is hereby
authorized and directed to enter into a cost participation
agreement with Birchwood Mall Associates for construction of
certain water facilities. Said proposed agreement is hereby
approved and attached.
This ordinance shall be effective from the date of its
adoption. I
Adopted by the Council of the City of Virginia Beach,
Virginia on the 30 day of January 1989.
AN ORDINANCE TO AUTHORIZE AND DIRECT
THE CITY MANAGER TO EXECUTE A COST
PARTICIPATION AGREEMENT
WHEREAS, 1988 Associates is developing certain property
in the Kempsville Borough in accordance with the terms and
conditions of city ordinances, and
WHEREAS, the city has requested that the developer
install a water line to serve the surrounding area, and
WHEREAS, such construction is beyond tbe scope of the
developer's project but will provide for future city needs and
will prevent the city from incurring additional costs at a later
date, and
WHEREAS, the city desires to enter into a cost
participation agreement with the city's share of the costs at
$7,517 with such costs to be charged to capital project 5-306
Water Request and Agreement Projects.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE
CITY OF VIRGINIA BEACH, VIRGINIA that the City Manager is hereby
authorized and directed to enter into a cost participation
agreement with 1988 Associates for construction of certain water
facilities. said proposed agreement is hereby approved and
attached.
This ordinance shall be effective from the date of its
adoption.
Adopted by the Council of the City of virginia Beach,
Virginia on the 30 day of January 1989.
-1 @,S TO CONTttff
APP90VZL
- 25 -
Ttem TV-1.5
CONSENT AGENDA ITEM # 30715
Upon @-notion by Councilman Balko, seconded by Couricilwoman Parker, City Council
APPROVED:
RAFFLE PERMTT
VIRGINIA BEACH GENERAL HOSPITAL AUXILIARY, I,@,@C. Raffle
Voting: 10-0
Council Menibers Voting Aye:
Albert W. Balko, John A. Baun, Vice Mayor Robert E.
Fentress, l@'arold Ileischober, Barbara M. r.Tenley, Reba
S. McClanan"ll, Jolin D. Moss, Mayor @ieyera E.
Oberndorf", llancy K. Parker and John L. Perry
Council 10,embers Voting Nay:
None
Council Members Absent:
Willian D. Sessoms, Jr.
"@layor Oberndorf DISCLOSED she is Member of the Virginia Beach General Hospital
Auxiliary, Inc. but this will not inhibit her ability to vote in an objective
r.qanner. (TTFI-I TV-T.5.)
"*Councilwoman @icclanan DTSCLOSED she is a t@lember of Lhe Virginia Beach General
Hospital Auxiliary, Tnc. but this will. not inhibit her ability to vote in an
objective manner. @'ITEti' IV-T.5.@)
- 26 -
Item IV-1.6
CONSENT AGENDA ITE14 4 30716
Upon inotion by Councilm-an Balko, seconded by Councilworian Parker, City Council
APPROVED-.
Ordinance authorizing Tax Refunds in the amount of
$1,641.55 upon @:i)plication of cer-@ain persons and
upon certification of the City Treasurer for
payrnent.
Voting: 10-0
Council @lembers Voting Aye:
Albert W. Balko, John A. Bauin, Vice l,,ayor Robert E.
Fentress, Fiarold iieischober, Barbara !,'. Henley, Reba
S. McClanan, John D. Moss, I,,ayor @leyera E. Oberndorf,
Nancy K. Parker and John L. Perry
Council Members Voting Nay:
None
Council @ierqbers Absent:
William D. Sessoms, Jr.
FORM NO. C.A. 7 1/11/89 EMC
AN ORDINANCE AUTHORIZING TAX REFUNDS
UPON APPLICATION OF CERTAIN PERSONS
AND UPON CERTIFICATION OF THE TREASURER
FOR PAYMENT
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for tax refunds upon certification of the Treasurer are hereby approved:
NAME Tax Type Ticket Exonera- Date Penalty Int. Total
Year of Tax Number tion No. Paid
William DStory et al 87 RE(1/2) 100576-8 12/5/86 99.84
William DStory et al 87 RE(2/2) 100576-8 6/4/87 99.84
William DStory et al 88 RE(1/2) 104454-6 12/4/87 143.13
R G Moore Building Corp 89 RE(1/2) 78020-6 12/5/88 109.80
R G Moore Building Corp 89 RE(1/2) 78019-9 12/5/88 109.80
R G Moore Building Corp 89 RE(]/2) 78015-3 12/5/88 100.65
R G Moore Building Corp 89 RE(1/2) 78016-2 12/5/88 100.65
R G Moore Building Corp 89 RE(1/2) 78008-2 12/5/88 105.23
R G Moore Building Corp 89 RE(]/2) 78007-3 12/5/88 109.80
Signet Enterprises Ltd 89 RE(1/2) 102237-3 12/5/88 22.88
Coventry Associates 89 RE(1/2) 23748-3 10/27/88 22.88
Coventry Associates 89 RE(]/2) 23749-2 10/27/88 22.88
Allen E & Bernice Thompson 89 RE(1/2) 111003-6 12/5/88 9.62
B J Avery N/A Pkng 249068 10/26/88 15.00
Total 1,072.00
This ordinance shall be effective from date of adoption.
The a@v ent(s) totaling
,@@6,ffn ...
- -- @ere approved by
the Council of4he City oljllirgainia,
1989
Beach on the-- day of y
hn T.
Zproved as to
Ruth Hodges Smith
City Clerk
FORM NO. C.A. 7 1/20/89 EMC
AN ORDINANCE AUTHORIZING TAX REFUNDS
UPON APPLICATION OF CERTAIN PERSONS
AND UPON CERTIFICATION OF THE TREASURER
FOR PAYMENT
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for tax refunds upon certification of the Treasurer are hereby approved:
NAME Tax Type Ticket Exonera- Date Penalty Int. Total
Year of Tax Number tion No. Paid
Elizabeth D Bell 89 RE(1/2) 1989-7 1/10/89 36.41
Sovran Mortgage Corp 89 RE(1/2) 3843-4 11/29/88 1?5.32
Sovran Mortgage Corp 89 RE(1/2) 24799-9 11/29/88 27.45
Richard G Ornstein 89 RE(1/2) 84076-7 12/5/88 142.05
HMK Associates LP 89 RE(1/2) 50025-0 12/2/88 22.88
[IMK Associates LP 89 RE(]/2) 50026-9 12/2/88 22.88
HMK Associates LP 89 RE(]/2) 50030-3 12/2/88 22.88
HMK Associates LP 89 RE(]/2) 50027-8 12/2/88 22.88
Clark & Stant 89 RE(1/2) 27978-5 11/14/88 22.88
C Hall & Alice Snellings 89 RE(1/2) 104513-4 12/5/88 50.09
Rita E & Thomas Giuffre 88 pp 2@2823-8 1/6/89 36.83
J Miller 86 pp 213812-2 1/10/89 6.00
Pamela Painter 89 Dog V08992 1/11/89 5.00
Paiiiela Painter 89 Dog V08991 1/11/89 5.00
Leitha C Snell 89 Dog V17266 1/6/89 7.00
Arthur L Clauder 89 Dog V17472 1/9/89 7.00
Linda A LaLonge 89 Dog V01634 12/30/89 7.00
Total 569.55
This ordinance shall be effective from date of adoption.
Thse@o
abatement(s) totaling
were approved by
the Council of City o@Vi inia
@8 an[-Rdry, 1989
Beach on the--day of
Approved as to fo
Ruth Hodges Smith
City Clerk
0 K-
a 'Amso4, City Attorney
- 27 -
Ttem IV-I.7
CONSENT AGENDA ITD! # 30717
Upon motion by Councilman Balko, seconded by Councilwoman Parker, Citv Council
APPROVED:
Ordinance authorizing License Refunds in the amount
of $3,559.117 upon application of certain persons
and upon cerlification of the Commissioner of
Revenue for payipent.
Voting: 10-0
Council Viembers Voting Aye:
Albert W. Balko, John A. Baum, Vice t@@ayor Robert E.
Fentress, Harold ileischober, Barbara M. flenley, k@,eba
S. l@icclanan, John D. @'oss, flayor Meyera E. Oberndorf,
Nancy K. Parker and John L. Perry
Council ",!embers Voting Play:
None
Council Viembers Absent:
William D. Sessoms, Jr.
TI.
FORM NO. C,A. 8 REV. 3M
AN ORDINANCE AUTHORIZING LICENSE REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF THE REVENUE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for license refunds, upon certification of the Commissioner of the
Revenue are hereby approved:
NAME License Date Base Penalty Int. Total
Year Paid
Sims, Ra @ nd B., Jr. & Dorothy T.
T/A Hele nai Printing
1505 RosewaA Court
va. Beach, vA 23464 1987/88 Audit 177.06 177.06
Sun Belt Realty & Develo@t Corp.
1413 Kara Cburt
Va. Beach, VA 23454 1987/88 Audit 28.00 28.00
T. C. s. P., Ltd.
T/A Taster's Choice
138 E. Little Creek I?d., S-203
Norfolk, VA 23505 1986/87 Audit 198.02 198.02
Certified as to Payment:
ko-bert P. vaughan
Commissioner of the Revenue
Approved as to form:
n
This ordinance shall be effective from date of
adoption.
The above abatement(s) totaling $403.08 were approved by the Council
30 January 89
of the City of Virginia Beach on the- day of 19 -
Ruth Hodges Smith
City Clerk
FORM NO C@A, 8 FTEV. 3U
AN ORDINANCE AUTHORIZING LICENSE REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF THE REVENUE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH. VIRGINIA:
That the following applications for license refunds, upon certificalion of the Commissioner of the
Revenue are hereby approved:
License Date Base Penafty Int. Total
NAME Year Paid
International Electronic & oomputer
256 N. Witchduck rd., Suite A-102
Va. Beach, VA 23462 1986/87 Audit 475.34 475.34
@ndon Bridge Appliances, Inc.
467 S. Lynnhaven @ad
Virginia Beach, \rA 23454 1986/87 Audit 24.13 24.13
Yjallek Proper-ties, Inc.
T/A @undryniat
1796 Valhalla Arch
V,I. Beach, \TA 23454 1986/87 Audit 89.03 89.03
Quality Foods, Inc.
T/A Catering Lifestyles
647 Ocean Lakes Drive
Va. Beach, VA 23454 1987/88 Audit 27.13 27.13
Certified as to Payment:
@o@ert P. Vaughan
Commissioner of the Reve6u-e
This ordinance shall be effective from date of
adoption.
The above abatement(s) totaling $615.63 were approved by the Council
30 January 89
of the City of Virginia Beach on the- day of 19 -
Ruth Hodges Smith
City Clerk
FORM NO. C.A 8 REV@
AN ORDINANCE AUTHORIZING LICENSE REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF THE REVENUE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for license refunds, upon certification of the Commissioner of the
Revenue are hereby approved:
NAME License Date Base Penalty Int. Total
Year Paid
Candy Oc)ne Creations, Inc.
208-B 84th Street
Va. Beach, VA 23451 1988 Audit 370.00 370.00
Curtis E. jordan, Inc.
T/A CMS Contracting Go.
5125 Witchduck Court, #101
Va. Beach, vA 23462 1986/87 Audit 308.28 308.28
F & H Enterprises, Inc.
T/A cape Henry Exxon,
Attn: Jack I,. rox, Pres.
3601 Shore Drive
Va. Beach, vA 23455 1986/87 Audit 1,852.18 1,852.18
Certified as to Payment:
@obert P. vaughan
Commissioner of the @evenue
Approved as
r
This ordinance shall be effective from date of
adoption.
The above abatement(s) totaling $2,530.46 were approved by the Council
of the City of Virginia Beach on the 30 day c)f January 19 89
Ruth Hodges Smith
City Clerk
- 28 -
Iten@ TV-J.1.
UNFINISHED BUSINESS ITE@L # 30718
ADD-ON
Councilman Baum referenced the status of the Resolution requesting tlie General
Assembly to amend the Charter of the City of Virginia Beach to empov,,er tlie City
to adopt zoning regulations which will provide for the transfer of development
rights from one property to another.
Councilman Baum advised it disturbs him that said Charter Change lias been
attaclced by some of the business interests as well as certain individuals in
the media. The Sub-Comrqittee Chairr..ian was informed the City Council of
Virginia Beach was dor@iinated by far-mers.
louncilwoman Henley complimented Members of the City Staff - Pobert ,iatthias,
Jack Whitney and the Consultants for their attendance and excellent
participati.on at the Siib-Committee and Full Co.,,qmittee hearings.
Fairfax and Loudon in I;ortherr@ Virginia, Virgi-r,ia @'.@@LPicipal League, and the
President of the Council on tlie Environment have supported the City's Charter
Change.
- 29 -
Item IV-J.1.
NEW BUSINESS ITEYI # 30719
ADD-ON
Ciels Dodd, Assistant City llanager for Admiristration, responded to City
Council inquiries relative the City of Virginia Beach, Virginia, Interim
Financial Statements For the period July 1, 1988 through November 30, 1988.
(Said statements are hereby iiiade a part of the record.)
- 30 -
l@lem IV-K.2.
NEW BUSINESS TTET"I # 30720
ADD-ON
Upon motion by Vice Mayor Fentress, seconded by Counc@@lman T eischober, City
Council ADOPTED:
Resolution requesting the General Assembly of
Virginia to Abolish the Virginia Beach Erosion
Council and resolving that City Council will take
Certain Actions in relation to Beach t@langem..ent and
Erosion Con"rol throughout the City,
Votin-.: 10-0
Council @lembers Voting Aye:
Albert W. Balko, John A. Baum, Vice llayor Robert E.
Fentress, Elarold Heischober, Barbara 1-@'enley, Reba
S. D@cClanan, Jotiii D. iioss, Niayor Feyera E. Oberndorf,
Nancy K. -rarker and John L. Perry
Council llembers Voting Nay:
None
Council @.embers Absent:
Williain D. Sessoms, Jr.
RESOLUTION
A RESOLUTION REQUESTIONG THE G ASSEMBLY OF VIRGINIA
TO ABOLISH THE VIRGINIA BEACH EROSION COUNCIL AND
RESOLVING THAT CITY COUNCIL WILL TAKE CERTAIN ACTIONS
IN RELATION TO BEACH MANAGEMENT AND EROSION CONTROL
THROUGHOUT THE CITY.
WBEREAS the Virginia Beach Erosion Council (formerly
commission) has for the last thirty-five years been responsible
for beach nourishment in the Beach borough between Rudee Inlet
and 48th Street; and
wHERF,As city Council has adopted a policy of establishing
more public beaches throughout the city; and
WHEREAs it is necessary that a coordinating agency be
established to more closely manage and advise the City Council on
beach nourishment and erosion control projects throughout the
city; and
WHEREAS Senate Bill 671 has been introduced by Senator C. A.
Holland of Virginia Beach, which would abolish the Virginia Beach
Erosion council.
Now THEREFORE be it resolved by the Council of the City of
Virginia Beach that the General Assembly is requested to pass
Senate Bill 671 abolishing the Virginia Beach Erosion Council;
and
BE IT FURTHER RESOLVED that the City Council will establish
by July 1, 1989 a new body, the Virginia Beach Erosion
commission; and
BE IT FURTHER RESOLVED that this Commission will be charged
with the following responsibilities:
1. Determine local erosion problems
2. Review the City's erosion control projects.
3. Act proactively at the state and Federal level to
promote the creation and protection of public beaches
within the city.
4. on an annual basis, review the City's erosion control
and beach nourishment activities and establish
priorities.
In addition to any other duties or responsibilities imposed
by the city council, the virginia Beach Erosion Commission shall
also act as the Local Erosion Advisory Commission pursuant to
Section 10-222 of the Code of Virginia and will be responsible
for the following duties and examine:
1. Present and future beach public ownership-
2. Erosion caused by public navigation works.
3. The intensity of use of public beach areas.
4. The availability of public beaches in the City.
S. The rate of erosion on the various public beaches
within the City and actions undertaken by the City
which may lead to or result in further erosion of the
city's beaches.
6. Benefits to the State and the City from the expansion
@of public beach areas within the City; and
BE IT FLTRNM RESOLVED that the city Council is deeply
appreciative of the efforts of all who have served on the
Virginia Beach Erosion Council since 1954 and will recognize this
at a later date.
Resolved by the Council of the City of Virginia Beach on
this 30th day of 1989.
31 -
Item IV-L.l.
ADJOURNMENT ITEM # 30721
Upon motion by Councilman Baum and BY ACCLAMATION, City Council ADJOURNED the
Meeting at 3:25 P.M.
Beverry'O. Ilooks
Chief Deputy City Clerk
quth Hodge@ Smith, CMC 'Me@rt E. Oberndrf
City Clerk Mayor
City of Virginia Beach
Virginia