HomeMy WebLinkAboutFEBRUARY 13, 1989
"WORLD'S LARGEST RESORT CITY"
CIT'Y COUNCIL
.@-R E@E- E " @,,,
-E AYOR ROB@RT Vi,li..
@ERT W B@0. -,h
JOIfN A SAUM, BI.W..@ @,h
IIAR.W IIEI@H-ER, Al @,,,
HIRB@ U tiENUY. 1.@ &--,h
MBA S M@"N-. l@@- A@-
j@IIN L, PE"@. -,h
WIL.- .. SE@WS, I.,. Al 28) CITY [JALL BUILDING
MUNICIPAL CENTER
A@@@EY V WA@S. JR, @il, M.-@ CITY COUNCIL AGENDA VIRGINIA BEACti, VIRGINIA 23456-@2
1 IlAt@. l@il, Al@ (8(14) 427-4.JO3
@.ITII, (:.C'-E, Ci,, C@k
FEBRUARY 13, 1989
ITEM 1. CITY MANAGER'S BRIEFING - Conference Room - 11:30 AM
A. RASCAL THE DOLPI]IN - Marine Mammal Straiiding
C. Mac Rawls, Director, Virginia Marine Science Museum
ITEM Ii. COUNCIL CONFERENCE SESSION - Conference Room - 12:00 PM
A. CITY COUNCIL CONCERNS
ITEM Ill. INFORMAL SESSION - Conference Room - 1:00 PM
A. CALL TO ORDER - Mayor Meyera E. Oberndorf
B. ROLL CALL OF COUNCIL
C. MOTION TO RECESS INTO EXECUTIVE SESSION
ITEM IV. FORMAL SESSION - Council Chamber - 2:00 PM
A. INVOCATION: Reverend Eugene R. Woolridge, Jr. DD
Virglnla Beach United methodist Church
B. PLEDGE OF ALLEGIANCE TO THE FLAG OF T[iE UNITED STATES OF AMERICA
C. ELECTRONIC ROLL CALL OF CITY COUNCIL
D. MINUTES
1. INFORt4AL & FORMAL SESSIONS - February 6, 1989
E. CITY MANAGERIS REPORT:
1. SOUTHEASTERN EXPRESSWAY - Virginia Department of Transportation
F. PUBLIC HEARING
1. PLANNING
a. Application of WILLIAM J. and ANNA KIFF for a chanqe In a
nonconforminq use on property located at 220 Prlncess Anne Road
(PUNGO OROUGH)-
Recommendation: APPROVAL
b. Ordinance for the discontinuance, closure and abandonment of a
portion of Bushnell Drive beginning at the Eastern boundary of
General Booth oulevard and running In a Southeasterly
direction to the Wes-tern boundary of Bushnell Drive, containing
5,855.30 square feet In the petition of KENNETH L. SEAY, SR.
(LYNNHAVEN BOROUGH).
Deferred 180 days for compliance (August 8, 1988)
Recommendation: Additional 180-Day DEFERRAL
c. Applications of ROWE PROPERTIES - Corporate Woods, L.P. for a
Change of Zoning District Classification (KEMPSVILLE BOROUGH):
From 0-2 Office District to 1-1 Liqht Industrial District on
the East side ( rthe ods
Drive, containing 11,325.6 square feet;
AND,
From R-5D Residential Duplex District to 0-2 Office District on
prope 0 f oet more or ess h of Bonney ad
beginnlng at a point 530 feet more or less East of Grayson
Road, containing 13,503.6 square feet.
Recommendation: APPROVAL
d. Application of DIFFERENT STROKES for a Conditional Use Permit
for a commerclal recreational facility other than of an ou door
nature (miniature qclf and aML rner
of South Lynnhaven ilarkway ana iqorth Mall Drive (2701 North
Mall Drive, Suites 105 and 106), containing 8.196 acres
(LYNNHAVEN BOROUGH).
Recommendation: APPROVAL
e. Application of MICHAEL WEISSMAN, MAX WEISSMAN and HOWARD GOULD
for a Chanqe of Zoninq District classification from R-5D
Residential to O@l Off lc D strict on the
South side of Indian River ad, 130 feet mcre or less East of
Church Street, containing 1.150 acres (KEMPSVILLE BOROUGH).
Recommendatlon: DENIAL
f. Application of THE SOUTHLAND CORPORATION for Conditional Use
Eem I ts f or (iaso I I ne sa I es I n con I unct I on w I th a conven I ence
store at th Northwest corne rd and
Edwin Drive, containing 31,382.8 square feet (KEMPSVILLE
BOROUGH).
Recommendation: DENIAL
Ordinances to AMEND and REORDAIN the City Zoning Ordlnance of
the City of Virginia Beach, Virginia;
1. Article 1, Section 105 re nonconfomity;
2. Article 1, Section 107 re amendments; and,
3. Article 2, Section 221(c)(e)(1) re procedural requirements
and general standards for conditional uses.
Recommendation: APPROVAL
G. RESOLUTIONS
1. Resolution to apply to tl)e Vlrginia Resource Authority for Water
and Sewer Funding in the amount of $17,300,000 to finance costs of
various water and sewer projects; and, authorize the City t4anager
to make application for this loan.
2. Resolution opposing the installation and/or operation of private
sewage treatment facilities that discharge wastewater Into city
waterways.
3. Resolution to request the Virginia General Assembly continue the
Norfolk-Vlrglnia Beach Expressway Commission and not adopt SJR No.
131.
4. Resolution In support of House Joint Resolutlon No. 404
establishing a Joint Subcommittee to study the Hampton Roads Bridge
Tunnel and Interstate 64 and U.S. Route 17 South of liamptan Roads.
H. ORDINANCE
1. Ordinance granting a Franchlse to Vlrginia Beach Lifesavlng
Service, Inc. for a term of three (3) years and eight (8) months,
commencing May 1, 1989, and terminating December 31, 1992, to
conduct beach equipment rental operations, where authorized, along
certain portions of the public beach adjacent to the Atlantic Ocean
commonly referred to as Fort Story, the Resort Area (from 40th
Street to Rudee Inlet), Croatan and Camp Pendieton, In
consideration for the provision of lifeguard and other designated
services, and for such other consideration to which the City and
the Grantee have agreed, conditioned on compliance by the Grantee
with all of the terms and conditions of the Franchise Agre6ment.
Deferred February 6, 1989
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 21-338 of the Code of the
City ot Virginia Beach, Virginia, pertaining to chemical test to
determine alcohollc/drug content of blood.
2. Request to advertise for February 27, 1989: Ordinance to AMEND and
REORDAIN Section 36-172 of the Code of the City of Virginia Beach,
Virginia, pertaining to the maximum rate of fa@e for taxicabs.
3 Ordinance upon SECOND READING to ACCEPT and APPROPRIATE $2,680
Grant from the Virginia Department of Motor Vehicles to the Public
Works Department to be used for training In traffic signals and
coordinated systems.
4. Ordinance upon SECOND READING to ACCFPT and APPROPRIATE $15,000
Grant from the Virginia Divislon of Motor Vehicles to the Police
Department for additional enforcement of driving under the
Influence violations.
5. Ordinance upon SECOND READING to APPROPRIATE $63,500 to provlde a
refundable Grant to the Shakespeare By-The-Sea Festlval Foundatlon
for debts Incurred during the 1988 perfortnance season.
6. LOW BIDS
a. Service Electrlc Corporation of Vlrginla In the amount of
$56,000.03 for the Installation of Computer Communications
Cable on Indian River Road, Kempsville Road, Diamond Springs
Road and Newtown Road. (CIP 2-988)
b. Asphalt Roads & Materials Company, Inc. In the amount of
$367,034.50 for 1988-89 Bituminous Concrete Schedule for
Completed Utility Projects - Contract Ill.
c. Utility Builders, Inc. In the amount of $457,898.04 for
Linkhorn Point/Dwyer Road Sewer and Water Improvements (Phase
1) (CIP's 5-029, 6-943/5-028, 6-982).
7. Ordinance authorizlng tax refunds In the amount of $2,758.03.
8. Ordinance authorizing license refunds in the amount of $3,148.94.
J. APPOINTMENTS
1. ARTS AND HUMANITIES COMMISSION
2. COMMUNITY SERVICES BOARD
3. PERSONNEL BOARD
4. THE PLANNING COUNCIL
5. VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION
K. UNFINISHED BUSINESS
1. SMOKING ORDINANCE to ADD a new chapter to the City Code (Chapter
28.5)
Briefing by Dr. George Sjolund, Director, Public Health
L. NEW BUSINESS
1. Interim Financial Statements for tlie Period of July 1, 1988,
through December 31, 1988.
Giles G. Dodd, Assistant City Manager for Administration
2. RECONSIDERATION:
a. REQUEST FOR RECONSIDERATION: Application of GRAYSON
WHITEHURST, JR./SCOTT DEVELOPMENT COt4PANY for Changes of Zoning
(Approved March 12, 1984, #21544), on property located at First
Colonial Road and Mill Dam Road (Lynnhaven Borough).
M. ADJOURNMENT
CITY COUNCIL SESSIONS
RESCHEDULED
FEBRUARY 20, 1989
CANCELLED
"PRESIDENTSI DAY'R
MARCH 13, 1989
CANCELLED
NATIONAL LEAGUE OF CITIES - WASHINGTOW
MARCH 20, 1989
2:00 PM
COMBINED STAFF AND PLANNING AGENDA
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
February 13, 1989
The VIRGINIA BEACH CITY COUNCIL was called to order by Mayor Meyera E.
Oberndorf in the Conference Room, City Hall Building, on Monday, February 13,
1989, at 11:30 P.M.
Council Members Present:
Albert W. Balko, John A. Baum, Vice Niayor Robert E.
Fentress, Barbara M. Henley, John D. Moss, Mayor
Meyera E. Oberndorf, Nancy K. Parker, John L. Perry
and William D. Sessoms, Jr.
Council Members Absent:
Harold Heischober (ENTERED: 11:44 A.M.)
Reba S. McClanan (ENTERED: 11:35 A.M.)
- 2 -
C I T Y M A N A C E R ' S B R I E F I N G
RASCAL THE DOLPHIN
Item # 30758
C. Mac Rawls, Director - Virginia Marine Science Museum, presented information
relative the stranded bottle-nosed dolphin, RASCAL, who has spent the winter in
the Linkhorn, Broad Bay area.
C. Mac Rawls introduced Julie Harris, resident of Crystal Lake, and Mike
Hillier, Owner of the Lynnhaven Dive Center. Julie Harris and Mike Hillier were
among the first and most active supporters. A RASCAL RELIEF FUND has been
created to assist in defraying some of the expenses incurred. Approximately
four weeks ago, the National Marine Fisheries sent experts for analysis of
RASCAL and his current situation. Dr. Joseph Geraci, world renowned expert on
marine mammal health, studied the situation and recommended to all agencies
involved that the preferable approach would be to monitor RASCAL's behavior,
attempt to feed Iiim and provide him with an association which may assist in his
capture if this needs to be done. Dr. Geraci determined RASCAL should not be
captured.
C. Mac Rawls also introduced Jane Purrington who represented the Virginia
Marine Science Museum Foundation, which is acting as a co-ordinating group for
the funds raised for RASCAL.
C. Mac Rawls, with the assistance of a video, displayed the activities of
RASCAL. Rick Trout, originally from San Diego with previous dolphin training,
and Mark Swingle, Aquarist for the Marine Science Museum, monitors the feeding
and has attempted to work with RASCAL in establishing a relationship between
man and animal.
There is probably sufficient food in the Lynnhaven River. Water temperature may
be RASCAL's greatest problem. Fortunately, the Winter has been rather warm and
mild.
If he does survive the winter, RASCAL's friendliness may be his problem. The
Museum is the monitoring agency and is relying on various people within the
community to assist with feeding and funds.
A RASCAL RESCUE RALLY will be held on Thursday, February 23, 1989 - 7:00 P.M.,
at the Virginia Marine Science Museum. This Rally will entail lectures,
refreshments and music with contributions requested.
- 3 -
IT EMS OF T HE C IT Y MANA GE R
Item # 30759
The City Manager introduced Thomas Martinsen, Jr., newly appointed Deputy City
Manager, effective March First. Thomas Martinsen was previously the Deputy
City Manager of Glendale, Arizona.
Tom brings a unique combination of experience to the City. In addition to being
a registered professional engineer. lie is also a registered professional
traffic engineer.
Mayor Oberndorf welcomed Thomas Martinsen on behalf of the City Council.
- 4 -
ITEM # 30760
The INFORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL was called to order by
Mayor Meyera E. Oberndorf in the Conference Room, City Hall Building, on
Monday, February 13, 1989, at 11:45 P.M.
Council Mer@ibers 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, John L. Perry and William D.
Sessoms, Jr.
Council Members Absent:
None
- 5 -
ITEM # 30761
Mayor 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 amended, for the following purposes:
1. PERSONNEL MATTERS: Discussion or consideration of employment, assignment,
appointment, promotion, pertormance, 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 the
disposition of publicly held property, or of plans for the future of an
institution which could effect the value of property owned or desirable
for ownership by such institution.
3. LEGAL MATRERS: Consultation with legal counsel or briefings by staff
members, consultants or attorneys, pertaining to actual or potential
litigation, or other legal matters within the jurisdiction of the public
body pursuant to Section 2.1-344 (a) (6).
Upon motion by Vice Mayor Fentress, seconded by Councilman Balko, City
Council voted to proceed into EXECUTIVE SESSION.
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
- 6 -
C IT Y C 0 UN C I L C ON C E R N S
ITEM # 30762
Councilman Perry referenced septic tanks and the letter from the State Health
Department of January Twenty-seventh. Said letter implied no adverse health
effects would be created by the issuance of a proposed sewerage treatment
plant. However, installation of such a facility many not be in compliance with
the local government policies or the regional water quality management plan.
Councilman Perry called the State Health Department and was advised the control
of the septic tanks' was the city's prerogative Councilman Perry inquired why
Mrs. Brock has not been able to move into her house.
Councilman Perry advised Mrs. Brock has a broken top on her septic tank and has
not been able to acquire a permit to fix same.
The City Manager advised these were two different items. The letter from the
State Health Department, contained in City Council's agenda, referred to a
sewerage treatment permit for "Surfside at Sandbridge".
Councilwoman McClanan advised the residents the Old Dam Neck Road area have
expressed fear of condemnation by reporting problems with their septic tanks.
The State Health Department does need to clarify its policy.
Mayor Oberndorf advised Joyce Harper, resident of Old Dam Neck Road, had
expressed concerns relative the septic system. The City Manager advised a
progress report had been prepared relative this situation.
Councilman Perry referenced Page 4.2 of the City of Virginia Beach, Virginia,
Interim Financial Statements. The City collected $3,825.00 for Septic Tank
Permits. Councilman Perry inquired if an individual has a permit to build a
house where there is sewer and water, why should one be charged a fee for a
septic tank permit.
The City Manager and Staff will respond to Councilman Perry's inquiry.
ITEM # 30763
Vice Mayor Fentress referenced the Memorandum relative the Regional Gas Tax
Surcharge - 1989 General Assembly from Arthur L. Collins, Executive
Director/Secretary, Southeastern Virginia Planning District Commission,
received by the City Manager on February Ninth (Said copy is hereby made a part
of the record.) Vice Mayor Fentress requested a Resolution that Virginia Beach
be added to Senate Bill No. 809 so as to allow the City to Charge a Local
Option Gas Tax be ADDED to the Agenda. This item shall be added under NEW
BUSINESS.
Councilwoman Henley and Councilman Heischober advised according to Bill No.
809, 3% of total dollars collected would be taken for adiministrative services.
Councilwoman Parker advised Fairfax, Virginia, has a legislative group meeting
on Fridays to be aware of upcoming legislation.
ITEM # 30764
Councilwoman flenley referenced the potential funding for Light Rail Transit.
City Council will be receiving all answers to their inquiries in their Package
of February 16, 1989. The Tidewater Transportation District Commission ADOPTED
a Resolution last Wednesday, February 8, 1989, authorizing a Grant Application.
Each facet of the transportation tool that utilizes State funds has to have a
Grant Application initiated by February Fifteenth. The processing, however, is
contingent upon the City's position on supporting same. Councilwoman Henley
requested this item be placed on the City Council Agenda of March Sixth. This
will be a phased decision process. The activities during this year would
include preliminary engineering, right-of-way procurement, further development
of the financing plan, confirming the agreement with the Norfolk-Southern,
planning for additional phases -- primarily the Naval Base, the Airport and
the Greenbrier Line -- and, then a continuation of public information.
- 7 -
C IT Y C 0 UN C I L C ON C E R N S
ITEM # 30764 (Continued)
The total cost of the work proposed during the first year is projected at $4-
MILLION. The State Aid request would be for $3-MILJION with City Funds
entailing $1-MILLION, equally split between the two cities of Virginia Beach
and Norfolk. In January 1990, there would be another approval or disapproval
for the Second Year's work. The Second year would entail a conclusion of the
engineering, final design of Phase I, preparation of the biding and
construction which would include the vehicle bids and financing. In January
1991, there would be another decision as to whether the LRT goes into
construction.
Councilman Moss advised it is important to have a more deliberate expression
for the public on the technical merits of this proposal. Channel 29 should be
the media utilized prior to a decision on March 6, 1989.
BY CONSENSUS, City Council tentatively agreed, if the facilities are available,
to SCHEDULE a PUBLIC HEARING on the LRT (Light Rail Transit), Tuesday, @'ebruary
28, 1988, at 7:00 P.M., the Central Library.i@i@
ITEM # 30765
Councilman Baum advised the Army Engineers, the Environmental Protection
Agency, Fish, Wildlife and Soil Conservation Service are all privately agreeing
on greatly enlarged definitions of sandy soils. These organizations are saying
the City cannot take land that has imperfect internal drainage for landfills.
They should be well drained.
Councilman Baum advised this is really a very small percentage of land in the
nation. Councilman Baum wondered when someone would publicly educate the
citizens on the problems. Councilman Baum desires representatives from these
agencies who are starting to VETO any public project to explain why the soils
are so threatening to the public's health.
ITEM # 30766
Councilwoman McClanan wished to EXPEDITE the application of Ferrell Parkway
Associates (Community Center on General Booth) SCHEDULED for the March 14,
1989, Planning Commission Agenda to the City Council Meeting of March 27, 1989.
This item shall be added under NEW BUSINESS.
ITEM # 30767
Councilwomen Henley and McClanan referenced a Meeting with residents OPPOSED to
the Boundary Expansion at Back Bay National Wildlife Refuge the morning of
February 13, 1989. These individuals expressed concern the City has not taken a
position. The Coment Period ends February 28, 1989. The residents requested an
extension of the Comment Period or an envirorunental impact statement be made.
The City should not take a position. Councilwoman Henley encouraged the
residents to approach the Congressional delegation as it is more the
prerogative of the Congressmen to ask for an extension. Councilwoman Henley
proposed a Resolution either requesting extension of the comment period or an
environmental impact statement. This item will be SCHEDULED for the City
Council Meeting of February 27, 1989. The City Manager suggested City Council
request an extension of time, not an environmental impact statement.
""During the Formal Session, City Council SCHEDULED the PUBLIC HEARING on the
LRT (Light Rail Transit) at Princess Anne High School, as the facilities in the
Central Library were unavailable.
- 8 -
MAT T E R S OF T HE MAYOR
ITEM # 30768
Mayor Oberndorf suggested City Council SCHEDULE Saturday, February 25, 1989,
8:00 A.M. to 3:00 P.M., at the PAVILION for strategic planning of goals and
objectives.
The City Manager advised a tape was available relative strategic sessions for
Council viewing after the Formal Session.
- 9 -
F 0 R M A L S E S S I 0 N
VIRGINIA BEACH CITY COUNCIL
February 13, 1989
2:00 P.M.
Mayor Meyera E. Oberndorf called to order the FORMAL SESSION of the VIRGINIA
BEACH CITY COUNCIL in the Council Chambers, City Hall Building, on Monday,
February 13, 1989, at 2:00 P.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, John L. Perry and William D.
Sessoms, Jr.
Council Members Absent:
None
INVOCATION: Reverend Eugene R. Woolridge, Jr., DD
Virginia Beach United Methodist Church
PLEDGE OF ALLEGIANCE TO THE FIAG OF THE UNITED STATES OF AMERICA
- 10 -
Item III-D.1
MINUTES ITEM # 30769
Upon motion by Vice Mayor Fentress, seconded by Councilman Sessoms, City
Council APPROVED the MINUTES of the INFORMAL AND FORMAL SESSIONS of February
6, 1989.
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
Item III-E.1
CITY MANAGER'S PRESENTATION
SOUTHEASTERN EXPRESSWAY ITEM # 30770
Al Nash, District Engineer in Suffolk, Virginia, Department of Highways,
commenced the quarterly BRIEFING of the SOUTHEASTERN EXPRESSWAY.
Al Nash advised the Projected dates. Completion of the Draft Environmental
Document should be in the Summer 1989. The Formal Location Public Hearing will
be held immediately thereafter. In the Fall of 1989, the Location is
anticipated going before the Transportation Board. The Final Envirorimental
Draft should be completed in late winter or spring of 1990.
Since the previous BRIEFING on November Twenty-first, there have been meetings
with various groups both in Chesapeake and Virginia Beach. On January 18, 1989,
the Citizen Informational Meeting was conducted in Virginia Beach and in
Chesapeake on January 19, 1989. Over 400 people were in attendance in Virginia
Beach with over 200 in Chesapeake. As per the request of City Council,
individuals made oral statements for the record rather than written statements.
There were approximately 35 statements made at the meeting.
Peter 0. Tacelli, Project Engineer with MAGUIRE, advised the general reaction
from the various groups has been agreement to the concept of the Southeastern
Expressway, although not in their backyards. Initially the CORRIDOR STUDY
AREAS entailed a 1,0 O@-foot width. The CORRIDOR has now been narrowed to a
500-foot wide. The map depicting the alignments is drawn at a scale of I inch
equals 1000 feet. The actual right-of-way would be 300 to 350 feet wide except
in the interchange area which would be naturally wider. All of the fieldwork
associated with identifying wetlands has been completed. Peter 0. Tacelli
displayed a Map depicting the wetlands for the original 1000-foot wide
CORRIDORS. At the WORKSHOP, a matrix has also been identified of all the
various environmental and social impacts associated with the thirty-nine (39)
different alternatives. In terms of residential displacement, they range from a
high of 739 to a low of 68. Wetlands Impacts range from a low of 276 to a high
of 489. The Traffic Modeling work has been completed. In 1987, on 1-
64/Battlefield Boulevard there was an average daily count of 74,000 vehicles.
If the Southeastern Expressway is not built, in the year 2010, that count
should increase to 105,000 vehicles. If the Southeastern Expressway is built,
the count should be only 90,000. In 1987, the average daily count was 134,000
vehicles on Route 44 at Witchduck Road. In the year 2010, if the Southeastern
Expressway is not built, there shall be 157,000 vehicles. There will be 122,000
vehicles in the year 2010 if the Southeastern Expressway is built. Additional
fieldwork has been initiated related to the wetlands to attempt to reduce the
identification to a more reasonable number. Approximately 65 observation wells
are being installed to more closely monitor the groundwater.
The Formal Location Public Hearing has been tentatively SCHEDULED for August,
1989. Councilwoman McClanan requested this Public Hearing be SCHEDULED after
Labor Day, rather than during the tourist season. Peter 0. Tacelli advised
Councilwoman Parker copies of the average daily traffic volumes and the
multiple choices shown on the matrix will be made available.
Councilman Moss referenced the status of the Feasibility Cost Study for the
Southeastern Expressway. John Martz, Project Engineer with the Virginia
Department of Transportation, advised a Subcommittee was formed to study the
innovative funding methods. A Feasibility Cost Study had been initially
investigated but many complications have arisen from the 39 possible
alternatives. This Feasibility Cost Study will be completed, but at the present
time, V-DOT is not in a position to perform this study and do it justice.
Peter 0. Tacelli advised Councilwoman Henley a report encompassing the
assumptions utilized to produce the traffic model will be available in the near
future. Peter 0. Tacelli further advised Councilwoman McClanan at the present
time, there is no provision for an interchange at Seaboard Road. If required,
the project will be designed that same can be incorporated.
- 12 -
Item IV-F.I.
PUBLIC HEARING ITEM # 30771
Mayor Meyera E. Oberndorf DECLARED a PUBLIC HFARING on:
PLANNING
1. PLANNING
(a) WILLIAM J. AND ANNA KIFF CHANGE IN NONCONFORMING USE
(b) KENNETH L. SEAY, SR. STREET CLOSURE
(c) ROWE PROPERTIES - Corporate Woods, L.P. CHANGES OF ZONING
(d) DIFFERENT STROKES CONDITTONAL USE PERMIT
(e) MICHAEL WEISSMAN, MAX WEISSMAN AND
HOWARD GOULD CHANGE OF ZONING
(f) THE SOUTHLAND CORPORATION CONDITIONAL USE PERMIT
(g) CITY ZONING ORDINANCE AMENDMENTS:
Article 1, Section 105
Article 1, Section 107
Article 2, Section 221(c)(e)(1)
- 13 -
Item IV-F.l.a.
PUBLIC HEARING
PLANNING ITEM # 30772
Anna Kiff, 220 Princess Anne Road, Phone: 721-3189, represented the applicants
Upon motion by Councilwoman Henley, seconded by Councilman Baum, City Council
ADOPTED a Resolution authorizing the conversion of the Nonconforming use and
structure located at 218 Princess Anne Road, property of WILLIAM D. AND ALMIRA
B. CASADY and WILLIAM J. and ANNA KIFF.
Application of William J. and Anna Kiff for a
change in a nonconforming use on property located
at 220 Princess Anne Road. More detailed
information is available in the Department of
Planning. PUNGO BOROUGH.
The following conditions shall be required:
1. The mobile home shall be skirted in accordance with
the building code.
2. The mobile home shall be properly anchored for
safety.
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
APPROVED AS TO LEGALI
SUFFICIENg AND FOPM
ICITY ATTORNEY
1 RESOLUTION AUTHORIZING THE CONVERSION
2 OF THE NONCONFORMING USE AND STRUCTURE
3 LOCATED AT 218 PRINCESS ANNE ROAD
4 PROPERTY OF WILLIAM D. and ALMIRA B. CASADY
5 WHEREAS, William D. and Almira B. Casady, husband and wife,
6 (hereinafter "Owners") have joined with the current occupants
7 and applicants herein, William J. and Anna Kiff, (hereinafter
8 "Applicants") to request that a 14' x 701 mobile home replace the
9 current 121 x 36' mobile home which is located on a 2.60 acre
10 site as shown on that certain survey entitled "SURVEY OF PROPERTY
11 OF RUFUS BALLANCE EST. D.B. 235, P. 360 PUNGO BOROUGH VIRGINIA
12 BEACH, VIRGINIA" dated November 16, 1972, prepared by Bruce B.
13 Gallup, C.L.S., a copy of which is attached hereto and made a
14 part hereof as Exhibit "A;" and
15 WHEREAS, the present use does not conform to the provisions
16 of the City Zoning ordinance because mobile homes are not allowed
17 in the AG-2 Agricultural District; and
18 WHEREAS, pursuant to Section 105(d) of the City Zoning
19 Ordinance, City Council may authorize the conversation of a
20 nonconforming use if Council finds that the use as converted is
21 equally appropriate or more appropriate to the zoning district
22 than is the existing nonconformity.
23 NOW, THEREFORE, BE IT RESOLVED BY TIIE COUNCIL OF THE CITY OF
24 VIRGINIA BEACH, VIRGINIA:
25 That City Council hereby finds the conversion of the
26 nonconforming mobile home located at 218 Princess Anne Road,
27 Virginia Beach, Virginia, as shown on the attached Exhibit "All,
28 is equally appropriate or more appropriate to the zoning district
29 in which it is located than is the existing nonconformity; and
30 the City Council hereby authorizes the replacement of the
31 nonconforming use in the manner shown on the attached Exhibit
32 "A," provided replacement of the mobile home complies with all
33 building, site plan and other requirements of the City of
34 Virginia Beach.
3 5 Adopted by the council of the City of Virginia Beach,
36 Virginia, on the 13 day of February 1 198 9.
37 GLF/rcp/epm
38 02/03/89
39 CA-3155
40 \ordin\noncode\kiff.res
2
EXHIBIT "A"
TRAILUR 14(
C,
rIL
7.-
ELCCTP,iC PO@T.
Z76. 319
05' 00' 10",
-135, ..3ao
oz//Vao 'COROZI(;,v
;11,eal.411a
C.FR-,
- 14 -
Item IV-F.l.b.
PUBLIC HEARING
PLANNING ITEM # 30773
Attorney Malcolm Higgins, 641 Lynnhaven Parkway, Suite 200, represented the
applicant and requested DEFERRAL to comply with the conditions.
Upon motion by Councilman Balko, seconded by Councilman Heischober, City
Council DEFERRED for an additional 180 days until the City Council Meeting of
August 14, 1989, Ordinance upon application of Kenneth L. Seay, Sr. for the
discontinuance, closure and abandonment of a portion of Bushnell Drive:
Application of Kenneth L. Seay, Sr., for the
discontinuance, closure and abandonment of a
portion of Bushnell Drive beginning at the eastern
boundary of General Booth Boulevard and running in
a southeasterly direction to the western boundary
of Bushnell Drive. Said parcel contains 5855.30
square feet. LYNNHAVEN BOROUGH.
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
- 15 -
Item IV-F.I.c.
PUBLIC HEARING
PLANNING ITEM # 30774
Attorney R. J. Nutter, II, 2809 South Lynnhaven Road, Phone: 431-31+/-00
represented the applicant.
Upon motion by Councilman Moss, seconded by Vice Mayor Fentress, City Council
ADOPTED Ordinances upon application of ROWE PROPERTIES - Corporate Woods, L.P
for Changes of Zoning:
ORDINANCE UPON APPLICATION OF ROWE PROPERTIES -
CORPORATE WOODS, L.P. FOR A CHANGE OF ZONING FROM
0-2 TO I-I Z02891230
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINTA
Ordinance upon application of Rowe Properties -
Corporate Woods, L.P. , for a Change of Zoning from
0-2 Office District to I-I Light Industrial
District on certain property located on the east
side of the northern extremity of Corporate Woods
Drive. Said parcel contains 11,325.6 square feet.
Plats with more detailed information are available
in the Department of Planning. KEMPSVILLE BOROUGH.
A N D,
ORDINANCE UPON APPLICATION OF ROWE PROPERTIES -
CORPORATE WOODS, L.P. FOR A CHANGE OF ZONING FROM
R5-D TO 0-2 Z02891231
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of Rowe Properties -
Corporate Woods, L.P., for a Change of Zoning
District Classification from R-5D Residential
Duplex District to 0-2 Office District on certain
property located 280 feet more or less north of
Bonney Road beiginning at a point 530 feet more or
less east of Grayson Road. Said parcel contains
13,503.6 square feet. Plats with more detailed
information are available in the Department of
Planning. KEMPSVTLLE BOROUGH.
This Ordinance shall be effective upon the date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
Thirteenth Day of February, Nineteen Hundred and Eighty-nine.
- 16 -
Item IV-F.I.c.
PUBLIC HEARING
PLANNING ITEM # 30774 (Continued)
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
- 17 -
Item IV-F.I.d.
PUBLIC HFARING
PLANNING TTEM # 30775
Sheila Ferguson, represented the applicant and advised the application is
comprised of four partners
Upon motion by Councilman Balko, seconded by Councilman Perry, City Council
ADOPTED an Ordinance upon application of DIFFERENT STROKES for a Conditional
Use Permit:
ORDINANCE LFPON APPLICATION OF DIFFERENT STROKES FOR
A CONDITIONAL USE PERMIT FOR A COMMERICAL
RECREATIONAL FACILITY OTHER THAN OF AN OUTDOOR
NATURE R02891198
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of Different Strokes for
a Conditional Use Permit for a commerical
recreational facility other than of an outdoor
nature (miniature golf and amusements) at the
southwest corner of South Lynnhaven Parkway and
North Mall Drive. Said parcel is located at 2701
North Mall Drive, Suites 105 and 106, and contains
8.196 acres. Plats with more detailed information
are available in the Department of Planning.
LYNNHAVEN BOROUGH.
This Ordinance shall be effective upon the date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
Thirteenth Day of February, Nineteen Hundred and Eighty-nine.
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
- 19 -
Ite,n IV-F.I.e.
PUBLIC HEARING
PLANNING ITEM # 30776 (Continued)
Upon motion by Councilman Moss, seconded by Councilwoman Henley, City Council
DENIED an Ordinance upon application of MICHAEL WEISSMAN, MAX WEISSMAN and
HOWARD GOULD for a Change of Zoning:
ORDINANCE UPON APPLICATION OF MICHAEL WEISSMAN, MAX
WEISSMAN and HOWARD GOULD FOR A CHANGE OF ZONING
DISTRICT CLASSIFICATION FROM R-5D TO 0-1
Ordinance upon application of Michael Weissman, Max
Weissman and Howard Gould for a Change of Zoning
District Classification from R-5D Residential
Duplex District to 0-1 Office District on the south
side of Indian River Road, 130 feet more or less
east of Church Street. Said parcel contains 1.150
acres. Plats with more detailed information are
available in the Department of Planning. KEMPSVILLE
BOROUGH.
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
- 20 -
Item IV-F.I.f.
PUBLIC HEARING
PLANNING ITEM # 30777
Attorney James M. Pickrell, 300 Bank of the Commonwealth Building, 403 Boush
Street, Norfolk, Phone: 672-8365, represented the applicant. Attorney
Pickrell referenced his letter of February 8, 1989, which is herebv made a
part of the r6cord. Attorney Pickrell advised the applicant would dedicate to
the City the 5,216 square feet required for the take and the 6,177 square feet
required for the underground utility easement.
Joe Delano, 521 Buffer Drive, Phone: 497-6126, represented the Larkspur Civic
League, spoke in OPPOSITION
Upon motion by Councilman Moss, seconded by Councilwoman Parker, City Council
DENIED an Ordinance upon application THE SOUTHLAND CORPORATION for a
Conditional Use Permit:
ORDINANCE UPON APPLTCATTON OF THE SOUTHLAND
CORPORATION FOR A CONDITIONAL USE PERMIT FOR
GASOLINE SALES IN CONJUNCTION WITH A CONVENIENCE
STORE ON CERTAIN PROPERTY
Ordinance upon application of The Southland
Corporation for a Conditional Use Permit for
gasoline sales in conjunction with a convenience
store on certain property located at the northwest
corner of Independence Boulevard and Edwin Drive.
Said parcel contains 31,382.8 square feet. Plats
with more detained information are available in the
Department of Planning. KEMPSVILLE BOROUGH.
With reference to this property, after the taking, Councilman Baum requested
the City Staff prepare a report relative the basis the City acquired this
additional property. Councilman Baum expressed concern City Staff evaluated
the proposed conditional use permit as unacceptable solely because after
right-of-way acquisition for Independence Boulev4rd Phase II, the subject site
and proposed adjoining parcel will be under the minimum lot requirements of the
City Zoning Ordinance.
Voting: 9-2
Council Members Voting Aye:
Albert W. Balko, 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, Jr.
Council Members Voting Nay:
John A. Baum and John L. Perry
Council Members Absent:
None
- 21 -
Item IV-F.l.g.
PUBLIC HEARING
PLANNING ITEM # 30778
A MUTTON was made by Vice Mayor Fentress, seconded by Councilman Baum, to ADOPT
Ordinances to AMEND and REORDAIN the City Zoning Ordinance of the City of
Virginia Beach, Virginia: Article 1, Section 105 re nonconformity; Article 1,
Section 107 re amendments; and, Article 2, Section 221(c)(e)(i) re procedural
requirements and general standards for conditional uses.
Upon SUBSTITUTE MOTION by Councilman Heischober, seconded by Vice Mayor
Fentress, City Council DEFERRED:
Ordinances to AMEND and REORDAIN the City Zoning
Ordinance of the City of Virginia Beach, Virginia:
Article 1, Section 105 re nonconformity;
Article 1, Section 107 re amendments;
Article 2, Section 221(c)(e)(i) re procedural
requirements and general standards for conditional
uses.
Councilwoman McClanan expressed concern relative the section h.6 (Article 1,
Section 107 re amendments) stating: "The City Council may also modify any
proffered condition, but only with the concurrence of all parties to the
proffer, and only after a new PUBLIC HEARING is held to consider the modified
proffer with the modified proffer being submitted in writing to the Planning
Director at least fifteen (15) days prior to said Public Hearing."
Councilman Moss referenced Section 105 Nonconformity (Article 1, Section 105),
underlined portion. Councilman Moss inquired as to how this relates to action
by City Council concerning Billboards.
Councilman Heischober requested information relative the function of the Board
of Zoning Appeals either before or after the City is presented with a non-
conforming situation.
This DEFERRAL will enable the concerns of City Council to be addressed and an
INFORMAL BRIEFING SCHEDULED.
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 imeyera E. Oberndorf,
Nancy K. Parker, John L. Perry and William D.
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
- 22 -
Item IV-G.l.
RESOLUTIONS ITEM # 30779
Upon motion by Vice Mayor Fentress, seconded by Councilman Balko, City Council
ADOPTED:
Resolution to apply to the Virginia Resource
Authority for Water and Sewer Funding in the amount
of $17,300,000 to finance costs of various water
and sewer projects; and, authorize the City Manager
to make application for this loan.
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
A RESOLUTION TO APPLY
TO THE VIRGINIA RESOURCE AUTHORITY
FOR WATER AND SEWER FUNDING
WHEREAS, the Council of the City of Virginia Beach has
determined that it is in the best interests of the City to apply
to the Virginia Resources Authority for a loan in the amount of
approximately $17,300,000 to finance the costs of various water
and sewer projects, and
WHEREAS, the loan will be evidenced by the water and
sewer revenue bonds of the City and secured by a pledge of the
revenues of the City's water and sewer system.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE
CITY OF VIRGINIA BEACH, VIRGINIA that:
1. The City Manager is hereby authorized and directed
to prepare and submit an application to the Virginia Resources
Authority for a loan in an amount not to exceed $17,300,000 to
finance the costs of varioiis water and sewer projects. The City
manager is authorized to take such action as may be necessary or
convenient to complete the application process.
2. The final terms and conditions of the loan and the
loan documents shall be subject to the approval of this Council.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the 13- day of February 1989.
- 23 -
Item IV-G.2.
RESOLUTIONS IT@l # 30780
Upon motion by Councilwoman lienley, seconded by Councilman Baum, City Council
ADOPTED, AS AMENDED*:
Resolution opposing the installation and/or
operation of private sewage treatment facilities
that discharge waste water into citv waterways.
*The words "and North Landing River" shall be added after the words "Back Bay".
Voting: 10-1
Council Ilembers 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 and William D. Sessoms, Jr.
Council Members Voting Nay:
John L. Perry
Council Members Absent:
None
1 A RESOLUTION OPPOSING THE TNSTALLATION
2 AND/OR OPERATION OF PRIVATE SEWAGE TREATMENT
3 FACILITIES THAT DISCHARGE WASTEWATER INTO
4 CITY WATERWAYS
5
6 WHEREAS, private sewage treatment facilities are considered
7 as alternative sewage treatment systems when public sewers are
8 not available and septic tank systems are not acceptable; and
9 WHEREAS, there is a large volume of undeveloped land in
10 certain areas of the City where public sanitary sewer systems are
11 either unavailable or not planned; and
12 WHEREAS, historically, private sewage treatment facilities
13 in the City have proven to be detrimental to the environment and
14 to provide an unacceptable level of service; and
15 WHEREAS, private sewage treatment facilities are
16 incompatible with the City's residential and recreational
17 environment; and
18 WHEREAS, the further development of private sewage treatment
19 facilities may severely compromise the quality of the enviroriment
20 in the City; and
21 WHEREAS, the Hampton Roads Water Quality Management Plan,
22 initially prepared in 1978 and updated in 1983, recommended
23 against the approval of new point source discharges in most area
24 streams and further recommended that future wastewater treatment
25 services be provided through public facilities; and
26 WHEREAS, the Back Bay watershed, comprising nearly one
27 quarter of the City, represents a unique and sensitive
28 combination of wildlife, fisheries, flood plains, and
29 agricultural uses which are extremely valuable to the economic
30 and ecological well being of the city; and
31 WHEREAS, a Back Bay Management Plan was developed by the
32 City in December 1984 to provide a basis for improving and
33 protecting the overall environmental quality of Back Bay and
34 North Landing River; and
35 WHEREAS, further point source discharges into Back Bay and
36 North Landing River from private sewage treatment facilities
37 would be in conflict with the recommendations of the Hampton
38 Roads Water Quality Management Plan and the Back Bay Watershed
39 Management Plan; and
40 WHEREAS, the safe and successful operation of private sewage
41 treatment facilities requires appropriate knowledge, continuous
42 monitoring and frequent maintenance activities; and
43 wHnRmhs, neither the State Health Department nor the CitY
44 has the required staff to provide the inspection necessary to
45 ensure operation and maintenance in compliance with the permit.
46 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
47 VIRGINIA BEACH, VIRGINIA:
48 That the City of Virginia Beach opposes the installation
49 and/or operation of private sewage treatment facilities that
50 discharge wastewater into waterways of the City under the
51 following conditions:
52 a. The waterway contains productive or potentially
53 productive shellfish grounds;
54 b. The waterway is used for any recreational purpose;
55 c. The waterway is an existing or potential potable water
56 supply source; or
57 d. The discharge of wastewater into the waterway would
58 degrade the ambient water quality of the receiving water body.
5 9
60 Adopted this 13th day of February, 1989, by the Council of
61 the city of Virginia Beach, Virginia.
62 RMB/dga
6 3 2/7/89
64 2/8/89
6 5 2 / 1 3 /89
66 sewage.ord
67
2
- 24 -
Item IV-G.3.
RESOLUTIONS ITEM # 30781
Upon motion by Councilwoman McClanan, seconded by Councilman Moss, City Council
ADOPTED:
Resolution to request the Virginia General Assembly
continue the Norfolk-Virginia Beach Expressway
Commission and not adopt SJR No. 131.
Voting: 6-4
Council Members Voting Aye:
Barbara M. Henley, Reba S. McClanan, John D. Moss,
Mayor Meyera E. Oberndorf, Nancy K. Parker and John
L. Perry
Council Members Voting Nay:
John A. Baum, Vice Mayor Robert E. Fentress", Harold
Heischober* and William D. Sessoms, Jr.
Council Members Abstaining:
Albert W. Balko
Council Members Absent:
None
*Councilman Balko ABSTAINED as he is not sufficiently knowledgeable of the item
to vote on same.
*Verbal Nay
1 A RESOLUTION TO REQUEST THE
2 CONTINUATION OF THE NORFOLK-
3 VIRGINIA BEACH EXPRESSWAY
4 COMMISSION
5 WHEREAS, the Norfolk-Virginia Beach Expressway
6 Commission was created by the passage of Senate Joint
7 Resolution No. 58 sponsored by former State Senator Joseph T.
8 Fitzpatrick in 1976;
9 WHEREAS, the Commission was extended by the passage of
10 the Senate Joint Resolution No. 109 in 1977;
11 WHEREAS, the commission has initiated the improvement
12 of the interchange at the western terminus of the Expressway with
13 Interstates 264 and 64;
14 WHEREAS, the Commission initiated the construction of
15 the first noise abatement walls for envirorlmental protection on a
16 State road project in Virginia for the protection of the citizens
17 of Windsor Woods;
18 WHEREAS, the Commission has either initiated or
19 participated in all the improvements made to the Expressway
20 interchanges;
21 WHEREAS, the Expressway initiated the recently
22 implemented Expressway Beautification Project;
23 WHEREAS, the Commission initiated the commuter-rate
24 procedure on the Expressway for frequent travelers;
25 WHEREAS, all the aforesaid has been accomplished at a
26 very minimum cost to the Commonwealth:
27 WHEREAS, the Norfolk-Virginia Beach Expressway
28 Commission continues to serve many useful purposes and is still
29 vitally needed; and,
30 WHEREAS, Senate Joint Resolution No. 131, now pending
31 before the Virginia General Assembly, would abolish the Norfolk-
32 virginia Beach Expressway Commission.
33 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE
34 CITY OF VIRGINIA BEACH, VIRGINIA:
35 That the General Assembly of virginia be and is hereby
36 requested to continue the Norfolk-Virginia Beach Expressway
37 Commission and not adopt Senate Joint Resolution No. 131.
38 Adopted by the Council of the City of Virginia Beach,
3 9 Virginia, on the 13 day of February 1989.
40 NEW/lmt
41 2 /9 / 8 9
42 CA-03161
43 \ordin\noncode\expressway.res
2
1989 SESSION
LD5017306
I SENA'I'E JOIN'I' IIESOLU'I'ION NO. 131
2 Offered January 13, 1989
3 Abolishing the Norfolk-Viginia Beach Expressway Comr?zission.
4
5 Patrons-Stallings, liolland, C. A., Walker and Miller, Y. B.; Delegates: O'Brien, Crosl)aw,
6 Jones, J. C. and Copeland
7
8 Referred to the Comniittee on Rules
9
10 WIIEREAS, the Norfolk-Virginia Beach Expressway Coinmission was created by the
11 passage of Senate Joint Resolution No. 58 in 1976; and
12 WHEREAS, the Commission was exteiided by tlie passage of Senate Joint Resolution No,
13 109 in 1977; and
14 WHEREAS, when the Commission was continued in 1977, no provision was made for
15 completion of its work or termination of its activities; and
16 WIIEREAS, no legislative actioii I)y tlie (;eiiei-al Asseiiibly lias beeii recoiiiniejided by
17 tlie Coninilssion since Its creation in 1976; and
18 WIIEREAS, since 1977 no action by tlie General Assembly has specifically provided
19 funding for continued operation of the Comtiiission; now, ttierefore, be It
20 RESOLVED by the Senate, the lfouse of Delegates concurring, That the Norfolk-Virginia
21 Beach Expressway Commission created by Senate Joilit Resolution No. 58 of 1976 and
22 continued by Senate Joint Resolution No. 109 of 1977 is abolished.
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44 Official Use By Clerks
45 Agreed to By
46 Agreed to By The Senate The flouse of Delegates
wittiout amendment [--l witliout amendnient El
47 witli aniendnieiit 11 willi aiiieiidiiietit El
48 subs[itute 0 sul)slitute El
49 substitute w/amdt 0 substitute w/amdt 0
50
51 Date: Date:
52
53 Clerk of the Senate Clerk of the liouse of Delegates
54
- 25 -
Item IV-G.4.
RESOLUTIONS ITEM # 30782
Upon motion by Councilwoman McClanan, seconded by Councilman Balko, City
Council ADOPTED:
Resolution in support of House Joint Resolution No.
404 establishing a Joint Subcommittee to study the
Hampton Roads Bridge Tunnel, and Interstate 64 and
U.S. Route 17, South of Hampton Roads.
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 A RESOLUTION IN SUPPORT OF HOUSE
2 JOINT RESOLUTION NO. 404
3 ESTABLISHING A JOINT SUBCOMMITTEE
4 TO STUDY THE HAMPTON ROADS BRIDGE
5 TUNNEL AND INTERSTATE 64 AND U.S.
6 ROUTE 17 SOUTH OF HAMPTON ROADS
7 WHEREAS, there is currently pending in the General
8 Assembly, House Joint Resolution No. 404 which would establish a
9 subcommittee to study methods, procedures, programs and resources
10 necessary to upgrade the capacity of the Hampton Roads Bridge
11 Tunnel and U.S. Route 17 and Interstate 64 south of Hampton
12 Roads, to reduce traffic congestion and to improve traveling
13 safety;
14 WHEREAS, the City of Virginia Beach and its
15 neighboring cities receive great economic as well as cultural and
16 other benefits because of the Hampton Roads Bridge Tunnel,
17 Interstate 64 and U.S. Route 17 south of Hampton Roads;
18 WHEREAS, the growth of Virginia Beach and the other
19 cities in the area of Hampton Roads have helped to create stress
20 on the Hampton Roads Bridge Tunnel and its associated highway
21 network which may undermine the value of these crucial links to
22 this area; and
23 WHEREAS, tbe failure to identify ways to upgrade and
24 enhance the capacity of this highway network may further
25 undermine the value of the Hampton Roads Bridge Tunnel and
26 Interstate 64 and U.S. Route 17 south of Hampton Roads.
27 NOW, THEREFORE, BE TT RESOLVED BY THE COUNCIL OF THE
28 CITY OF VIRGINIA BEACH, VIRGINIA:
29 That the General Assembly of virginia be and hereby is
30 requested to establish a joint subcommittee to study the Hampton
31 Roads Bridge Tunnel and Interstate 64 and U.S. Route 17 south of
32 Hampton Roads and to that end, adopt House Joint Resolution
33 No. 404.
34 Adopted by the Council of the City of Virginia Beach,
3 5 Virginia, on the 13 day of February , 1989.
36 NEW/ lmt
37 2/9/89
38 CA-03162
39 \ordin\noncode\tunnel.res
2
1989 SESSION
HP9105510 ENGI'@OSSED
I IIOUSE JOIN'I' IIESOI,U]ION NO. 404
2 flotise Allieilclitielits ill I I - l@CI)i-uai-y 6, 1989
3 Establislziig a joitzt stibco,t2t7zittee to stiidj, tlie ilaitiploti Roads Bridge 7*untiel I aird U. S.
4 Rotile 17
5
6 Patrons-McClanan, Moss, Forellaiid, Heilig, Robinson, Creekmoi,e, O'Brien, Stieffen, Christian
7 and Copeland
8
9 Referred to tlie Conimittee on Rules
10
11 WIIEREAS, tlie lfampton Roads Bridge Tunnel liiiks the Cities of Haiilpton and Norfolk
12 across and beneatli the waters of Ilaiiiptoii Roads; alid
13 WIIEREAS, it is difficult to overstate tlie indispensability of the Ilanipton Roads Bridge
14 Tunnel to tlie economy not only of tliese two cities, but of all Soutlieastern Virgiiiia and
15 tlie entire Comnionwealth as well; @ind
16 WIIEREAS, the flaiiipton Roads Bridge Tunnel is oiie of the crucial links in the
17 land-side transportation network conveying cargoes to, from, and between the port', of
18 liampton Roads; tlie tunnel provi(tes access for visitors froin across Virginia and beyolid to
19 Virgiiiia's Cliesapeake Bay and Atlititic Oceafi beaclies; serves as a coiiduit for coiniiiuters
20 wlio work in tlie sliipyards, iiiilitary installatioiis, aiid otlier major centers of employnleilt
21 on one side of Hampton Roads, but reside on the otlier; affords enhanced access for many
22 Virginians to major air transportation facilities on both sides of the lower James River;
23 fuiictioiis as a viial evacuatioii i-oute froiii exti@eiiie Soutlieastei-ii Virgiiiia In tlie event of
24 hurricanes or other emergencies; aids in our country's defellse by providing a means of
25 transportation and communication between military establisliments located throughout the
26 regioji; and makes possible regioii-wide access for (lie geiieral 1)ublic to a myriad of healtli
27 care, cultural, sporting, and sliopping opportuiiities; and
28 WHEREAS, together with Interstate Route 64 and U.S. Route 17 south of Hampton
29 Roads, tlie Hampton Roa(is Bridge Tunnel not only links the Penitisula with Souttiside
30 Hampton Roads, it also britigs nortlieastern North Carolina coniiiiuiiities witliin reasonable
31 driving range of the same amenities enjoyed by Virginia's lower Tidewater; and
32 WHEREAS, the same factors which have made tlie liampton Roads Bridge Tunnel and
33 Its associated filgliway iietwork so vilual)le, liave also beeii tlie source of growilig
34 difficulties as ever lncreaslng traffic congestion tlireatens to strajigle liainpton Roads area
35 transportation in its own success; and
36 WHEREAS, it is commonplace, even outside the peak tourist season, for traffic to
37 experience one and one-lialf to two hour delays at tlie Hampton Roads Bridge Tunnel; and
38 WHEREAS, U.S. Route 17, which in North Carolina is a multilane divided higilway, at
39 the North Carolina/Virginia boundary becomes a narrow, darkly shaded road overburdened
40 witli slieer traffic voluine ati(i delay-producing turiiiiig )nd crossilig traffic; and
41 WIIEREAS, tlie basic value of tlie ltanipton Roads Bridge Tunnel and Its associated
42 highway network is in danger of being undermined by a failure to upgrade and enhance
43 the capacity of the facilities successfully; now, tlierefore, be it
44 RESOLVED by tlie liolise of Delegates, tl)e Seii,,ite coiictirritig, Tliat iliere Is hereby
45 created a joint subcomniittee to study the Ilampton Roads Bridge Tunnel. The joint
46 subconimittee shall consist of seven members: four appointed by the Speaker of tlie House
47 from the niembers[iip of tlie flouse of Deiegates at-large, and t[iree apl)ointed by tlie
48 Senate Committee on Privileges and Elections froiii tile Senate at-large. Tile joilit
49 subcommittee shall study methods, procedures, progi,ams, aiid resources necessary to
50 upgrade tlie capacity of tlie llainpton Roi(is Bridge Tunnel and U.S. Route 17 aiid
51 Ititerstate 64 soutil of Ii,-Illll)toll I?o@i(is, re(iii(,e ti,'Iffic coligestioli, ,iii(i iiiil)rove tiaveiiiig
52 safety. 'Ihe joint subcomiiiittee shall presetit its legislative i-ecoiiiiiieiidations, if ally, to tlie
53 1990 Session of tlie General Assenibly as provided in tlie procedures of tlie Division of
54 Legislative Automated Systeitis for pi,ocessing legislative docuiiients.
I lii(lit.(@ci i@osi,.,, of Iiiis stu(ly lie estiiit;llc(l to I)C (111(,I.i of llii.,;
2 study sliall tiot exceed $6,3UO.
3
43
44 Official Use By Clerl@s
45 Agree(i to By
46 l@lie flotise of Deleg;ttes Agi,ce(i to Ily Ilie S@@ii.!te
williout aiiieii(Iiiient El williout aiiieii(liticitt [@
47 witli aineiidinetit u \@'itli iiiieii(litieiit E-@]
43 slil)sliluic r] slil)qlilll((, 11
49 sul)stitute w/,iiii(it t I Stl])Stitute W/Zllll(lt 1-1
50
51 Date: D@ite: -
52
- 26 -
Item IV-H.l.
ORDINANCE ITEM # 30783
Attorney Barry Koch, Caton & Koch, P. C., 2508 Pacific Avenue, Post Office Box
42, was in attendance but did not speak
Upon motion by Vice Mayor Fentress seconded by Councilman Perry, City Council
ADOPTED:
Ordinance granting a Franchise to Virginia Beach
Lifesaving Service, Inc. for a term of three (3)
years and eight (8) months, commencing May 1, 1989,
and terminating December 31, 1992, to conduct beach
equipment rental operations, where authorized,
along certain portions of the public beach adjacent
to the Atlantic Ocean commonly referred to as Fort
Story, the Resort Area (from 40th Street to Rudee
Inlet), Croatan and Camp Pendleton, in
consideration for the provision of lifeguard and
other designated services, and for such other
consideration to which the City and the Grantee
have agreed, conditioned on compliance by the
Grantee with all of the terms and conditions of the
Franchise Agreement.
Voting: 8-2
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Barbara M. Henley, Reba S. McClanan, Mayor
Meyera E. Oberndorf, John L. Perry and William D.
Sessoms, Jr.
Council Members Voting Nay:
John D. @loss and Nancy K. Parker
Council Members Absent:
Harold Heischober
SIGNA@RE
1DEPARTMENT AN ORDINANCE GRANTING A FRANCHISE TO VIRGINIA BEACH
APPRC2VEI) AS TO LEGALIFESAVING SERVTCE, INC. FOR A TERM OF THREE (3) YEARS
FIJ F! 5t4D FCR4N.D EIGHT (8) MONTHS, COMMENCING MAY 1, 1989 AND
RMINATING DECEMB
@4r" 0 ER 31, 1992, TO CONDUCT BEACH
EQUIPMENT RENTAL OPERATIONS, WHERE AUTHORIZED, ALONG
ITY ATTO@NEY AIN PORTIONS OF THE PUBLIC BEACH ADJACENT TO THE
ATLANTIC OCEAN COMMONLY REFERRED TO AS FORT STORY, THE
8 RESORT AREA (FROM 40TH STREET TO RUDEE INLET), CROATAN
9 AND CAMP PENDLETON, IN CONSIDERATION FOR THE PROVISION
10 OF LIFEGUARD AND OTHER DESIGNATED SERVICES, AND FOR
11 SUCH OTHER CONSIDERATION TO WHICH THE CITY AND THE
12 GIZANTEE HAVE AGREED, CONDITIONED ON COMPLIANCE BY THE
13 GRANTEE WITH ALL OF THE TERMS AND CONDITIONS OF THE
14 FRANCHISE AGREEMENT
15
16 WHEREAS, on April 4, 1988, Council adopted an ordinance
17 granting a franchise to Virginia Beach Lifesaving Service, Inc.
18 (VBLS) for a term of eight (8) months, commencing May 1, 1988 and
19 terminating December 31, 1988, to conduct beach equipment rental
20 operations, where authorized, along certain portions of the
21 public beach adjacent to the Atlantic Ocean, commonly referred to
22 as Fort Story, the Resort Area (from 40th Street to Rudee Inlet)
23 Croatan and Camp Pendleton, in consideration for the provision of
24 lifeguard and other services and for such other consideration to
25 which the City and VBLS agreed, conditioned on compliance by VBLS
26 with all of the terms and conditions of the franchise agreement;
27 and
28 WHEREAS, the cost to the City for the eight (8) month term
29 was $196,000; and
30 WHEREAS, the ordinance further stated that the franchise
31 could be renewed for four (4) consecutive eight (8) month terms
32 subject to specific conditions contained in the franchise
33 agreement; and
34 WHEREAS, the conditions for renewal included a requirement
35 that VBLS make its books and records available to the City for
36 review and audit, and that VBLS and the City meet to discuss the
37 performance of VBLS for the 1988 season, and to enter
38 negotiations concerning the level of services to be provided and
39 the cost to the City for the 1989 season; And
40 WHEREAS, a committee was organized to study the lifeguard
41 franchise, to review the perforrn-nce of VBLS for the 1988 season,
42 to review the report of the auditor, and to enter negotiations
43 with VBLS concerning the level of services to be provided and the
44 cost to the City for the 1989 season; and
45 WHEREAS, the books and records of VBLS have been made
46 available, the City has conducted a review and audit of the books
47 and records with the assistance of an independent auditor, and
48 discussions and negotiations have been completed; and
49 WHEREAS, during the negotiations, VBLS offered to provide a
50 slightly reduced level of lifeguard services at a fixed cost to
51 the City of $196,000 per year for each of the next four (4)
52 years, based on a four year agreement, and further indicated
53 that, based on a year-to-yar negotiable af,d renewable agreement,
54 the cost to the City could be expected to increase considerably
55 over the next four (4) years; and
56 WHEREAS, the committee, based on the study, reviews,
57 discussions and negotiations, bas concluae" that the level of
58 services to which VBLS and the committee bq%,- tentatively agreed
59 for the iv89 and subsequent seasons is sufficient to adequately
60 protect the safety of the public; and
61 WHEREAS, the results of the review and audit of the books
62 and records of VBLS for the 1988 season indicate that the cost
63 to the City of $196,000 is reasonable based on the proposed level
64 of services; and
65 WHEREAS, the conunittee recognizes that under a four (4) yeat
66 negotiable and renewable agreement, the cost to the City would
67 increase; and
68 WHEREAS, based on the foregoing, the committee has concluded
69 that it is in the best interest of the City to grant a franchise
70 to VBLS for a term of three (3) years and eight (8) months
71 (incorporating four (4) complete seasons) at a fixed cost to the
72 City of $196,000 per year for each of the next four (4) years.
73 NOW, THEREFORE, BE ORDAINED BY THE COUNCIL OF THE CITY OF
74 VIRGINIA BEACH, VIRGINIA:
75 That a franchise is hereby granted to Virginia Beach
76 Lifesaving Service, Inc. for a term of three (3) years and eight
77 (8) months, commencing May 1, 1989 and terminating December 31,
78 1992, to conduct beach equipment rental operations, where
79 authorized, along certain portions of the public beach adjacent
2
80 to the Atlantic Ocean, commonly referred to as Fort Story, the
81 Resort Area (from 40th Street to Rudee Inlet), Croatan and Camp
82 Pendleton, in consideration for the provision of lifeguard and
83 other designated services, and for such other consideration to
84 which the City and the Grantee have agreed, conditioned on
85 compliance by the Grantee with all of the terms and conditions of
86 the franchise agreement.
87 RMB/dga
88 2 / 2 / 89
89 lfgrd.ord
90
ADOPTED: February 13, 1989
3
PRANCHISE AGREEMENT
THIS FRANCI]ISE AGREEMENT, hereii)after referred to as
'Agreemetit," dated this day of 1 1989, by and
)etween the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal
lorporation oE the Commonwealth of Virginia, hereinafter referred
:o as "City," and VIRGINIA BEACII LIFESAVING SERVICE, INC.,
lereinafter referred to as "Franchisee," is entered into pursuant
-o the police powers of the City, as embodied in Section 2.01 of
he City Charter and Sections 15.1-839 and 15.1-894, Va. Code
in the interest oE the public health, safety, and welfare.
Phe Agreeineiit recites aiid provides:
@ECITALS
WIIEREAS, Franchisee has submitted a proposal to the city for
-he award of a franchise to conduct certain beach equipment rental
)perations along the oceanfront of the City in consideration for
)roviding lifeguard and otlier services along the oceanfront, as
3rovided herein, and for other good and valuable consideration,
-eceipt of %vhich is hereby acknowledged.
W I T N E S S E T H
1. Ri_ght to Conduct Beach Egiiipment Rental Operations.
Stibject to the teriiks aiid conditions set forth herein, the City
iereby grai)ts to the Fraiichisee the nonexclusive right, insofar as
'he City iiiay lawetilly grant slich right, to rent beach equipment, as
-pecified in sectioii 6, in and on the "Premises" or "Franchise
@rea" with tlie exceptioii of the specific location noted herein.
The Franchise Area shall consist of four (4) beach areas,
-,oiiiiiionly referred to as ForL Story, Lhe Resort Strip, Croatan, and
'amp Pendleton, which areas shall be defined as follows:
a. PorL Story - 'Pliat area located at the soilth end of the
"ort Story Military Reservation presently leased to the City for
)each recreati.onal purposes, consisting of approximately 885 feet
)f frontage along the Atlantic Ocean, as outlined on Exhibit A(l),
a copy of which is attached hereto aiid incorporated by reference.
b. Resort Strip - That portion of the sand beach of the
ktlaiitic Ocean bordered on the west ai)d east, respectively, by the
@asterniEost edge oE the boardwalk or bulkhead and the mean low
iater Iiiie of the Atlantic Ocean and bordered on the south and
iorth, respectively, by the northern jetty of Rudee Inlet and a
Doiiit approxiinately 14,213.38 feet north of the northern jetty of
@tidee Inlet, as otitlined on Exhibit A(l), a copy of which is
ittaciled lierelo and incorporated by reference.
C. Croataii - q'hat beach area located immediately south of
ludee Inlet, consisting oE approximately 800 feet of frontage along
he Atlatitic ocean, as outlined on Exhibit A(l), a copy of which is
ittached hereto and incorporated by reference.
d. Cainp Peiidletori - 'Phat beach area located south of Croatan
)n Camp Pendleton leased to the City for public use, consisting of
approximately 600 feet of frontage along the Atlantic Ocean, as
)titlined oii Lxilibit A(]), a Copy of which is attached hereto and
ncorporaLed by reference.
2
Nothiiig contained herein shall preclude or otherwise limit the
-,ight to Llie ptiblic, vjhile oii the Preinises, to use either their own
)each equipment or beach equipnient leased from other lessors
located off tlie Preiiiises. Ftirtherniore, no rental operations shall
)e permitted at the Fort Story beach area.
2 . Terni.
Ttie Lerrii of tiiis Agreement shall be for a period of three (3)
ears and eight (8) moiiths, conimenciiig May 1, 1989, and terminating
ecember 31, 1992.
3. Repo@s/ALidit/Revie%i.
a. F'raticiiisee shall provide reports to the City of its daily
@ash receipts for each rental location. These reports shall be
-eceived by tiie City by close of bLISiiiess on the Friday following
-he "week" for which the report has been prepared. For purposes of
:his section, a "week" shall be defined as Monday to Sunday,
@nclusive.
b. Franchisee shall provide weekly reports to the City of any
.ailure oii Franchisee's part to meet any of the requirements of
@iiis rraiiciiise Agree[neiit.
C. Prior to December 31, 1989 and each December 31
:hereafter, Franchisee shall make available to the City for the
3urpose of review aiid audit coitiplete financial records covering
@ts operations, incliiding a balance sheet, a profit and loss
itatement, aiid such otlier records and/or data as may be determined
iecessary by the City, stiowing in detail among other things, gross
eceipts and revenues, costs and expenses and the net operating
3
)rofit of the Franchisee during the fiscal year covered by the
-itiaiicial records. The City's review and alidit may, in its sole
liscretioti, be conducted either by City staff or through contracted
services. Pranciiisee retains the right to claim as proprietary
Lnformation, not subject to public disclosure under the Virginia
@ree(loin of Information Act, any information provided pursuant to
--his section. However, the final determination whether or not
.LnEormation claimed as proprietary is subject to disclosure shall
)e made by the City Attorney pursuant to the laws of the
-oniinonwealth oE Virginia aiid the City of Virginia Beach.
d. Prior to October 31, 1.989 and each October 31 thereafter a
@epresenata- tive(s) of Praiichisee shall meet with City
:epresentative(s) to revie%i Franchisee's performance during the
3eason and to discuss modifications, if appropriate, to the terms
ind conditioiis of this Agreemeiit. In the event that such
@odifications either increase or decrease Franchisee's financial
cbligatioiis herelinder, necessary adjustments in the cost to the
ity shall be negotiated.
Services to be Performed.
The Franchisee agrees that it shall provide lifeguard
3ervices, eqiiipment, and stipplies for the Premises in such manner,
it such times, and in all other respects pursuant to the terms of
his Agreement and iii compliance with all ordinances, rules, and
Llch regtilatioiis as iiiay froiii time to time be prescribed by the City
ltiring tlie terin hereoe. The Franctiisee shall:
4
a. Allow free access by the general public to the Premises
iiid Lo tiie ALlaiiLic oceAii. If, ilc)%iever, at any tiine, in the
jLidgment of the Franchisee, the condition of the Ocean is
Jangerous to the health, safety, or weleare of the public using
-he Preinises, Pranchisee shall promillently display an
iiiternationally-recognized "No Swiinming" flag approved by the City
)n all staffed lifeguard stands in all areas that are closed.
othing cojitained herein, however, shall diminish the right of the
ity to close the beaches when it deems such closure necessary for
rhe public health, safety, or welfare.
b. Provide a niiniiiitim of one (1) lifeguard on dlity per
Lifeguard staiid at the tiines prescribed herein. The Franchisee
3hall also provide on-dtity supervisors and one (1) on-duty
-.raiiciiise itiaiiager as follows: One (1) on-dlity supervisor shall be
issigned to the Fort Story beach area; one (1) on-duty supervisor
hall be assigned to the Croatan/Canip Pendleton beach area; six (6)
)n-dtity stipervisors shall be assigned to the Resort Strip beach
irea on weeketids and holidays; and four (4) on-duty supervisors
ihall be assigiied to the Resort Strip beach area on weekdays. As
:equired herein, they shall assist lifeguards as needed but shall
)ot act as primary lifeguards. All required supervisors and.Ithe
@ranchise manager shall be on duty whenever lifeguards are on duty.
'On dtity" shall be defined as engaged in the performance oE acts
-pecifically related to the duties and responsibilities of a
;tipervisor or franchise nianager. Whenever the franchise manager,
Ln the pereormance of SLich acts, is required to be away from the
5
-ranchise area, he shall maintain constant radio contact with the
)11-duty slipervisors.
C. Provide lifeguard services, as defined in this section,
2acti year accordiiig to ttie following schedlile:
(1) Fort Story: Lifeguard services shall be provided on
?riday, Saturday, and Sunday each week beginning on, and including,
:he Saturday preceding Memorial Day and ending on, and including,
labor Day, aiid shall also be provided on Memorial Day and
Endependence Day.
(2) Resort Strip; Lifeguard services shall be provided
ommencing on, and iiicltiding, the Saturday two (2) weeks prior to
4einorial Day and ending on, and including, the Sunday two (2) weeks
after Labor Day, seven (7) days a week.
(3) Croatan: Lifeguard services shall be provided
::ommencing on, and including, the Saturday preceding Memorial Day
itid enditig on, and incltiding, Labor Day, seven (7) days a week.
(4) Cainp Peiidleton: Lifeguard services shall be
3rovided conimeticing on, and including, the Saturday preceding
4eiflorial Day and ending on, and including, Labor Day, seven (7)
lays a week. Lifeguard services shall also be provided on those
qeekends in September approved by the State Department of Military
kffairs.
The Fort Story and Caifip Pendleton beach areas nlay be
@losed at the discretion of the Department of the Arilly and the
3tate Departiiient oE Military AfEairs, respectively, for the
)urpose oE mi.litary operations. In the event that the City loses
6
ts right, whether completely or in part, to use the beach areas at
ort Story and/or Camp Pendleton, payments under this Franchise
3hall be adjusted accordingly. The City's agreements with the
)epartment of the Army and the State Department oE military AEEairs
for the use of Fort Story and Camp Pendleton, respectively, are
attached hereto as Exhibits A(2) and A(3), and are hereby
incorporated by reference.
d. On authorized days of operation, the lifeguards shall be
Dn constant duty and in the stands between the hours of 9:30 a.m.
and 6:00 p.m., unless performing any lifeguard services that
-eqtiire them to be away froin the stand. Lifegiiard services shall
include but ilot be liriiited to:
(1) Constant surveillance of the Ocean and Premises Eor
Dersons in iieed oE assistaiice;
(2) Search for and resCLie of bathers, swimmers,
3urfers, and others who are in need of assistance in the
@ater ;
(3) Rendering the necessary first aid to those in need;
(4) Taking necessary and prudent steps to prevent the
,Dossibility of injtiry or death to persons in the water
and upon tlie Premises;
(5) Reporting all drownings or serious injuries to the
ippropriate atithorities;
(6) Assisting iii location and reporting of lost and
abandoned children and property; and
7
(7) Warning violators and/or reporting violations of the
aw and Beach regtilations to the appropriate authorities.
e. Provide lifegiiard stands at the four (4) beach areas as
-01 lo@qs
(1) Fort Story: Franchisee shall provide two (2) stands
3paced eqtiidistaiit as approved by the City Manager or his designee.
(2) Resort Strip: Franchisee shall provide forty (40)
tands generally spaced throughout the designated beach area at the
ccess steps to the beach or at the street ends as approved by the
-ity Manager or Iiis designee.
(3) Croatan: Franciiisee shall provide two (2) stands
3paced eqtiidistant as approved by the City Manager or his designee.
(4) Camp Pendleton: Franchisee shall provide two (2)
staiids spaced equidistant as approved by the City Manager or his
3esignee.
f. Provide one hundred percent (100%) staffing of lifeguards,
@tipervisors, atid the franchise mai)ager as required herein from, and
Lncluding, the Saturday two (2) weeks prior to Memorial Day
@-hrough, and including, the Sunday two (2) weeks after Labor Day.
lowever, (1) from, and inCILiding, the Saturday prior to Memorial
)ay to, btit not incltiding, the Saturday following the closure of
iirginia Beach Public Schools for summer recess and (2) from, and
including, the Monday two (2) weeks prior to Labor Day to, and
including Labor Day, Frarichisee shall provide not less than fifty
Dercent (50") oE the reqtiired staffing of lifeguards and
3upervisors at the Resort Strip beach area, and (1) from, and
8
iiicluding, the Saturday two (2) %veeks prior to Memorial Day
LliroLigii atid itICILidiiig tlie Friday prior to memorial Day and (2)
ro[n, and iiicluding, the Tuesday Eollowi.ng Labor Day to, and
Incl@idiiig, the Sunday t%,,o (2) weeks after Labor Day, Pranchisee
3hall provide not less than twenty-five percent (25%) of the
:eqiiired staffiiig of lifegitards and stipervisors at the Resort Strip
)each area. Notwithstanding the above, at any level of staffing,
iot less thaii three (3) on-duty supervisors shall be assigned to
he Resort Strip beach area. Staffing of lifeguards and
at the Fort Story, Croatan, and Camp Pendleton beach
ireas shall not be all.owed to Eall below one hundred percent
(100-b).
g. Provide lifeguard services before 9:30 a.m. and after 6:00
m. as necessary for special events authorized by the City.
Iranchisee shall be compensated by the City for such events at the
ate of Eight Dollars ($8.00) per hour per lifeguard as a premium
ate for the provision of services beyond the scope of normal
perations. Additic)nally, the City shall provide Franchisee with
en (10) days notice of the necessity for the provision of
idditional lifeguard services required for special events.
h. Provide and niaiiitain in proper working order the minimum
Lifeguard eiiiergency and coinmunications equipment specified in
,,xhibit B, a copy of which is attached hereto and incorporated by
:eference.
i. Provide and maintain in proper working order a radio
,ommunications system that will facilitate immediate and effective
9
-oininunications between all lifeguard personnel during the times
?ranchisee is respoiisible for providing lifeguard services. Such
3ystem shall coiisist of a minimum of two (2) portable radios for
@acii of Llie beacii areas reeerred to as Fort Story, Croatan, and
lamp Pendle@on, and a mi[iimum of forty (40) portabl.e radios for the
iesort Strip (distributed among the lifeguards), all oE which shall
)e in proper working order and in use at all times that lifeguards
@re on duty. In addition, the franchise manager and all
;tipervisors shall be equipped with portable radios on the same
-requency as the lifeguards' radios, and a ininimum of three (3)
;tipervisors at the Resort Area, one (1) supervisor at Fort Story,
ifid oiie (1) slipervisor at Croatan/Cainp Pendleton shall be equipped
jith portable radios on such police frequencies as may be
iLithorized by the Virginia Beach Police Department.
j. Reqtiire all lifegiiard and supervisory personnel to
)articipate in a standardized training program which shall be
,onducted in accordance with established training guidelines
leveloped by the United States Lifesaving Association and which
@hall be acceptable to the City. On or before May 31, Jilne 30,
July 31, and August 31 oE each year of the Franchise, Franchisee
3hall provide the City's representative, at his or her request, a
List of employees who have received required training and, if
ipplicable, other training. The list shall include the specific
-raining that each employee has received, and the date(s) on which
-he traiiiiiig was provided/completed.
10
k. PC)SL inforiiialion i)c)ards, approved by the City, on the back
Df all staftcd lifegiiard slands Lo provide information regarding
,,eather, tides, aiid spl@cial notices concerniiig surf and Ocean
2oiiditions. The boards shal.1 be updated daily as necessary and
3liall indicate that lifegiiards are on duty from 9:30 a.m. to 6:00
1. Maintain a current list of the names, addresses, telephone
iuiiibers, birthdates, and social security numbers of all lifeguards,
@upervisors, and tlie franchise manager and maintain the original,
Dr a copy of the original, of all certificates required in Exhibit
-, a copy of which is attached hereto and incorporated by
reference. Ail iiiitial list sliall be provided to the City's
.-epresentative, at his or her request, on or before May 31 of each
,ear of tlie l,'raiichise. alhereafter, updated lists shall be provided
o the City's representative, at hi.s or her request, on or before
uiie 30, Jtily 31, and August 31 of each year of the rranchise.
M. SLibmit the following information by November 30 of each
lear of the Franchise: (1) the name, address, telephone number,
ijid restiine' of the franchise manager and (2) the location and
4uantity of all lifeguard equipment that Franchisee expects to use
@or the following year's service.
n. Collect and place into City receptacles all materials that
@re tiiisafe to beach iisers (i.e., glass, metal, etc.) on a daily
Dasis. Tlie City shall place at least one (1) fifty-five (55)
)allon lilter receplacle per block on the Premises. Additional
receptacles shall be provided as deemed necessary by the City.
0. Install daily and maintain a clearly-visible float line in
tlie Oceaii %vhich desigiiates the iiorthern boundary of the
sotithernmost Resort Strip surfing area established in accordance
@qith Sectioii 6-116 of tlie Code of the City of virginia Beach,
irginia, as amended, from and including, the Saturday preceding
emorial Day through, and including, Labor Day of each year. The
ity shall provide Franchisee range markers for the purpose of
esignating all surfing areas. The Franchisee shall be responsible
Eor daily installation and maintenance of such markers.
p. Obtaiii permission from the City Manager or his designee
rior to a temporary suspension of any or all of the Franchisee's
@l ifegilard services set forth in this section.
q. Certify that all lifegiiards and stipervisors have
omplied with all of the training and physical requirements
3pecified in Exhibit C.
r. Notwithstanding any of the foregoing, no lifeguard or
3tipervisor shall rent aiiy equipment or otherwise conduct any part
Df a beach concessioii business, including, but not limited to, the
set tip and take dowii of eqtiipment, the collection of revenue Erom
'Listomers, or the collection of revenue from rental attendants,
Jkiritiq thosl- hoiirs lie or slie is on dilty.
Franchisee Employee Qtialifications.
a. Lifeguards - All lifeguards shall be at least sixteen
(16) years of age at the time they report for duty and shall meet
ill City Code requireineiils, including but not limited to Section
5-71, as aiiiended. In addition, all lifeguards shall meet all
12
minimum physical qualifications and satisfactorily complete all
tests otilliiied iii Exhibit C.
b. Supervisors - All supervisors shall be at least eighteen
(18) years of age at the time they report for duty and shall
possess at least two (2) summers of experience as an ocean
liEeguard. In addition, all supervisors shall meet all minimum
qualifications Eor lieeguards and mkis@ possess an American Red
-'ross Advaticed First Aid Certificate or equivalent certificate
recognized by the Anierican Red Cross. During one hundred percent
(100%) staffing, at least three (3) supervisors on duty on weekdays
and fotir (4) stipervisors on dtity on weekends and holidays shall be
Virginia or Hational-certified Emergency Medical Technicians.
Dtiring EiEty percent@ (50't) and twenty-five percent (25%) staffing,
at least two (2) stipervisors on duty on weekdays and three (3)
supervisors on dLIty on weekends and holidays shall be Virginia or
4ational certified Einergency Medical Technicians.
C. Franchise Manager - The franchise manager shall be
responsible Eor managing the lifeguard and other services provided
@y tile Franchisee. The franchise manager shall possess at least
four (4) SLImmers of experience as an ocean lifeguard and have
nanagerial. and training experience. The franchise manager shall
4ork in close cooperation with all City departments and shall be
the liaison between the Franchisee and the Department of Parks and
Recreation. The franchise manager shall also be a Virginia or
Aatiotial-certified Emergency Medical Technician. In the event that
ihe franchise manager is unable to be on duty, for whatever reason
13
r for however long, he sliall designate an individual to be the
cting fraiichise maiiager iii his absence, which individual shall
neet all of the qualifications of the franchise manager.
6. Beacti log@lip[iient.
a. Tlie Franchisee may offer for rent only the below-described
eqtiipment aiid such other equipment as may be approved by City
e Premises set aside exclusively for swimming:
-ouncil on th
- rafts
- beach chairs/lounges
- umbrellas
- boogie boards
b. The Franchisee may offer for rent only the below-described
qtiipjiient aiid such other equipnient as may be approved by City
louncil on the Premises set aside exclusively for surfing:
- beacii chairs/lokinges
- timbrellas
- surfboards
C. Tlie eqtiipinent offered for rent shall meet the minimum
@pecifications as described in Exhibit D, a copy of which is
attached hereto and incorporated by reference.
d. Irliere shall be a staffed lifeguard stand within three
iundred and twenty-five (325) feet of the set-up of any rental
@quipment and no such equipment shall be set up within twenty-five
(25) feet of any staffed lifeguard stand.
e. No rental activity shall be permitted at the Fort Story
Deach area.
f. If the Franchisee desires to offer any of the above
@quipnient for rent at aiiy time other than the periods contained in
3ection 4, then the Franchisee shall provide at least one (1) on-
14
duty lifegilard within three hundred twenty-five (325) feet of the
place wtiei7e the eqtiipiiient is beiiig set Lip, shall comply with all oE
the requireiiients contained in this section and in sections 4 and 7,
atid shall provide one (1) on-diity supervisor for every five (5) on-
duty lifeguards.
7. Beach Eg @at Reiital.
The Franchisee shall provide enough rental operators to
@roperly and orderly coiitrol the placement and rental of all
each equipment.
All rental personnel shall be trained in the following areas:
1) ptiblic relations, (2) proper set-ilp of'beach equipment, (3)
afety precautions concerning the rental of equipment during high
inds and thunderstorms, and (4) maintenance of the beach. On or
efore May 31, June 30, JLlly 31, and August 31 of each year of the
ranchise, Franchisee shall provide the City's representative, at
his or lier reqtiest, a list of all rental personnel, the training
each rental employee has received, and the date(s) on which
training was provided/completed.
No beach eqiiipiiient shall be placed on the Premises diredtly in
front of or blocking any steps or access points leading from the
joardwalk, bulkhead, or sand dunes. No beach equipment shall be
)laced within twenty-five (25) feet of any lifeguard stand or in
any location which will interfere with the lifeguard performing his
or her duties. No beach equipment rental employee shall conduct
the rental business within twenty-five (25) feet of any lifeguard
tand. All beach equipment offered for rent shall be stored in a
15
nanner and at a location on the Premises approved by the City
,4anager or Iiis designee. llowever, when the condition of the
Atlantic Ocean does not permit storage on the Premises, the
equipiiient iiiay be stored at a location mutually agreed upon by the
ranchisee and the City Manager or his designee. If stored on the
rassy area, the equipment shall not take up a space greater than
wenty (20) feet square and four (4) feet high. No equipment shall
De stored on the grassy area in more than one location per block.
3. Seasonal Reports.
Fratichisee shall subiiiit a seasonal report on or before October
31 of each year, which report shall. include but not be limited to,
statistics concerning first-aid calls, rescues, drownings, neck
injuries, heart attacks, CPR responses, and lost children. The
report shall also include daily attendance estimates for the
surfing areas.
Franchise Modification,
Notwithstanding the provisions of section 21 herein, the City
reserves the right to unilaterally grant a temporary variance from
5trict compliance with the aeorementioned provisions, or a
temporary modification thereof, when such variance or modification
Joes not increase tlie obl.igation of Franchisee hereunder and,
tirthermore, when such variance or modification is deemed to be in
-he best interests of the City and the public safety.
10. @Ttilt Schedule.
For each year of the Franchise, the City shall pay to
"ranchisee the sum of $196,000 according to the following schedule:
16
25% on or before June 15;
25@b oii or before Jtily 15;
25% oil or before Aijgtist 15; and
25% on or before September 30.
This stim may be adjusted in accordance with the provisions of
stibsection 3.d. of this Agreement.
11. Instirance.
Franchisee shall, at all times during the term hereof,
naintain valid insurance policies with insurance companies
satisfactory to the City, including but not limited to the
Eollowing:
a. Workers' compensation insurance in amounts and in all
otlier respects in accordance with the laws of the Commonwealth of
/irginia;
b. Getieral liability insurance under a comprehensive general
liability policy including contractual liability, products and
:,ofnpleted operations liability, and all other coverages necessary
Lo protect the Franchisee, its employees, agents, assigns, and
3uccessors, and the City (the term City shall mean the City and its
3fficials, elected representatives, constitutional officers,
2iiiployees, agents, assigris, aild their successors), for all
Dperations associated with the provision of lifeguard services,
3each maintenance, and equipment rental services, whether
ncidental or not, in an amount no less than $1,000,000 combined
ingle-limit for claims arising out of the operations of the
ranchisee tinder this Agreement. Such insurance shall include any
Liability assumed by Franchisee under this Agreement and shall name
DOth Franchisee and the City as insureds, as their interest may
17
appear, and shall provide for full limits of recovery including all
legal costs regardless of aiiy siinilar or other insurance which
either party may have in effect; and
C. ALlioiiiobile liability insurance covering the operation by
the Franchisee oE any owned, hired, and/or nonowned vehicles at
limits oE not less than $500,000 combined single-limit.
d. Should insurance market conditions adversely affect the
ability of Franchisee to obtain the insurance required herein, the
--ity, in its sole discretion, may reduce or otherwise amend the
requirements of this section.
On or before April 30, 1989, and at least ten (10) days prior
to the renewal date of any such insurance policies, Franchisee
shal,l provide the Director of the Department of Parks and
Recreation originals of such policies or a certificate of insurance
from the respective insurers attesting the fact that such insurance
is in full force and effect. Such insurance shall be in form,
@ubstance, and coverage satisfactory to the City. Such insurance
policy shall require the insurer to provide thirty (30) days
4ritten notice to the City prior to the cancellation of all or any
Dart of such insurance.
12. Performaiice Bond or I,etter of Credit.
Franciiisee shall secure and maintain in effect during the full
:erm of this Agreement a Performance Bond or Letter of Credit in
I
-avor of the City in the amount of $150,000. Such Performance Bond
Dr l,etter of Credit shall be written efeective as of May 1, 1989.
uch Bond or Letter of Credit shall guarantee performance by
18
Pranchisee of all of its dtities and obligations contained in the
Agreement aiid shall be written by a surety company approved by the
ity Attorney. Such Bond or Letter of Credit shall be satisfactory
o tlie City Attorney in forni, substance, and coverage and shall be
@ibmitted to the Director of the Department oE Parks and
Recreation oii or before April 30. 1989. Such Bond or Letter of
Credit shall require the Obligor to provide at least forty-five
(45) days written notice to the City prior to the cancellation or
termination of all or any part of such Bond or Letter of Credit.
13. Covenants, Warranties, and Indemnification.
a. Franchisee warrants that at all times during the term
ftereof, it shall employ personnel qualified and experienced in
lifesaving operations and techniques and has maintained and shall
naintain at all times during the term hereof adequate personnel,
acilities, equipment, and stipplies to provide the services
ontemplated hereby.
b. Franchisee agrees to hire and retain sufficient personnel
Lo perforin the activities and services contemplated hereby and
3hall recruit, employ, traiii, slipervise, direct, discipline, and
Jischarge, when necessary, any and all such personnel. Such
Dersonnel shall be at all times and for all purposes solely in the
E!mployment of Franchisee when performing the duties of beach'
2qtiipment operator, lifeguard, supervisor, and franchise manager.
C. Franchisee covenants and agrees to comply with all
ipplicable federal, state, and local laws, rules, and reglilations
and to save and hold the City harmless from any and all liability
19
arising from any violation of any such laws, rules, and
regLIlations.
d. Franchisee, at its sole expense, shall obtain all permits
and licenses which are required by the City or any other
governmental atithority in connection with the activities and
iervices coiitemplated hereby.
e. Franchisee agrees to, and hereby does, indemnify, save,
and hold harmless the City, its officials, elected representa-
Lives, constitutional officers, employees, agents, assigns, and
successors frofn and against any and all claims, demands, damages,
actiolis, causes oE action, liabilities, costs, and expenses
(incILiding, without liniitation, attorneys' fees and expenses) of
avery kind and nature in any manner arising or resulting from the
ictivities or services reiidered, or to be rendered, by Franchisee
.3ursuant to this Agreement.
14. Termination or Expiration.
The City shall have the option to terminate the Franchise
kgreement in the event of:
a. FailLire to perform services or provide reports under
ections 3a, 3b, 3c, 3d, 4a, 4b, 4c, 4d, 4e, 4f, 4h, 4i or 11 of
his Agreement. Stich failure shall constitute grounds for
mmediate termination.
b. Fail.iire of the Pranchisee to observe or perform any of
its other covenants, conditions, or agreements hereunder for a
.Deriod of ten (10) days after receipt of written notice specifying
3uch failure and reqtiesting that it be remedied.
2 0
C. (1) Failure of the Fraiichisee to pay its debts as they
3ecome due, (2) comniencement by the Franchisee of a voluntary case
inder the Federal bankriiptcy laws, as now or hereafter constituted,
3r any other applic@ble Federal or state bankruptcy, insolvency, or
Dther similar law, (3) consent by the Franchisee to the appointment
Df a receiver, liqtiidator, assignee, trustee, custodian,
3equestrator, or other siniilar official for the Franchisee or any
ubstantial part of its property or to the taking possession by any
tich official oE any substantial part of the property of the '
..'ranchisee, (4) making by the Franchisee of any assignment for the
3enefit of creditors, or (5) taking of corporate action by the
.,'ranchisee iii furtherance of any of the foregoing.
d. The entry of any (1) decree or order for relief by a court
iaving jurisdiction over the Franchisee or its property in an
Lnvoluntary case under the Federal bankruptcy laws, as now or
iereafter constituted, or any other applicable Federal or state
3ankruptcy, insolvency, or other similar law, (2) appointment of a
:eceiver, liquidator, assignee, trustee, custodian, sequestrator,
equestrat.)r, or similar official for the Franchisee or any
ubstantial part of its property, or (3) order for the
ermination or liquidation of the Franchisee or its affairs.
e. Failure of the Franchisee within sixty (60) days after the
3ommencement of any proceedings against it under the Federal
3ankruptcy laws, as now or hereafter constituted, or any other
appl.icable Federal or state bankruptcy, insolvency, or similar
-aw, to have such proceedings dismissed or stayed. Upon any such
21
termination of the agreements and obligations of the City for any
f the foregoing reasotis, all sums paid to the City by the
ranchisee hereunder and all lifeguard and rental equipment left on
he Premises shall be deemed to be forfeited to the City without
ompensation to the Franchisee and the Pranchisee shall have no
urther rights in connection therewith. In addition, the City
shall have the right to enforce its claims against any and all
assets and rights of the Franchisee. Failure of the City, in any
one or more instances, to insist upon strict observance of any
term, covenant, condition, warranty, or provision of this
Agreement, or the City's failure to exercise any of its options in
the event of a default, termination, or expiration by the
Pranchisee, shall in no way be deemed a waiver of such term,
covenant, condition, warranty, or provision, or estop the City from
exercising any or all of its options hereunder at a later time.
Upon the expiration of the term of this Agreement or upon any
sooner termination in accordance with the foregoing provisions, the
Franchisee shall have no further rights in, on, or to the Premises.
15. City's Remedies for Default, Termination, or Expiration.
In the event of default, termination, or expiration of this
.Ngreement, or of failtire of Franchisee to comply with the terms and
@onditions of this Agreement, the City may exercise any or all of
the below-listed options:
a. Retain and utilize the forfeited lifeguard and rental
z!qtiipineiit provided by the Pranchisee under the terms of this
@greement;
2 2
b. Require payment froffl the surety on the Performance Bond or
L,etter of Credit as outlined in section 12;
C. Refranchise the Premises to another party;
d. Perform the obligations oE the Franchisee on the
3remises; and
e. PtirsLie any or all legal and equitable remedies available
o the City in accordance with this Agreement and the laws of the
lommonwealth of Virginia and the City of Virginia Beach.
L6. Sanctions.
Notwithstanding any other provision of this Agreement,
?ranchisee shall be assessed a maximum of fifty dollars ($50.00)
.3er violation for each violation of any term or condition of this
Dlgreement. The City may, in its sole discretion, waive imposition
Df a sanction based upon consideration of the level of severity of
Lhe violation, the degree of Franchisee's timeliness in effecting
::ompliance, or for any other reason deemed appropriate.
17. Limitations oE Undertakings.
Franchisee acknowledges and agrees that the City does not, in
iny way or for any piirpose, become a partner, joint venturer, or
nember of any joint enterprise with Franchisee.
18. Notices.
The City of Virginia Beach Departfnent of Parks and Recreation
.s hereby designated as the City department responsible for
Eldininistering the provisions oE this Agreement. Nothing contained
ierein, however, shall preclude the city from designating other
2 3
--ity departments or employees as agents to enforce the provisions
Df this Agreeinent.
All notices from Franchisee to the City, required or permitted
Dy any provisions oE this Agreement shall be in writing and shall
De deemed given when hand-delivered or sent by registered or
ertified mail and addressed as follows:
From Franchisee to City:
Director, Department of Parks and Recreation
2289 Lynnhaven Parkway
Virginia Beach, Virginia 23456
From City to Franchisee:
Virginia Beach Lifesaving Service, Inc.
1804 Arctic Aveiiiie
Virginia Beach, Virginia 23451
Either party may at any time, or from time to time, designate
in writing a substitute address for the addresses set forth above,
ind thereafter notices shall be directed to such substitute
iddress.
L9. Successors a ssi
All rights and liabilities herein given to or imposed upon the
-espective parties hereto shall extend to and bind their successors
nd assigns, but Franchisee shall not sublet or assign any oE its
cights, privileges, duties, or obligations'under this Agreement
4ithout the prior, written consent of the City.
20. Governinq Laws.
This Agreement is entered into and is intended to be performed
ii Virgi.iiia, and the validity, enforceability, interpretation, and
2 4
coiistruction hereof shall be determined and be governed by the laws
of the Comrnon%vealth of Virginia.
21. Entire Agreement.
This Agreement contains the entire agreement between the
parties hereto and supersedes any prior or contemporaneous
iiegotiations, understandings, and agreements, written or oral,
between the parties. This Agreement shall not be amended or
[nodified, and no waiver of any provision herein shall be effective
unless such amendment, modification, or waiver is set forth in a
written instrument authorized and executed with the same formality
as this Agreement, except as indicated in section 9, above.
22. Police Powers - Entitlements and Reservations
This Agreement is granted pursuant to police powers of the
--ity, as embodied iii S 2.01 of the City Charter and SSSS 15.1-839 and
15.1-894, Va. Code Ann., in the interest of the public fiealth,
3afety, and welfare and is subject to all contracts, franchises
and/or permits hereafter granted by the Council to use the
Premises. This Agreement is subject to all ordinances and
-esolutions of the Council of the City as the same now exist or may
:)e hereafter amended, revised, or codified in the lawful exercise
Df the police powers or in the lawftil exercise of any other power
3ranted to the City by the General Assembly.
23. Equal Employment.
During the performance of this Franchise, Franchisee agrees as
:01lows:
2 5
a. Franchisee shall not discriminate against any employee or
applicant for employmeiit because of race, religion, color, sex,
iational origin, or handicap except where religion, sex, national
.)rigit) or liaiidicap is a boiia Eide occupational qualification
reasonably necessary to its normal operation. Franchisee agrees to
post in conspicuous places, available to employees and applicants
Eor eniployment, notices setting forth the provisions oE this
,iondiscrimination clause.
b. Franchisee, in all solicitations or advertisements for
@mployees placed by or on behalf of Franchisee, shall state that
uch Franchisee is an equal opportunity employer.
C. Notices, advertisements, and solicitations placed in
Iccordance with federal law, rule, or regulation shall be deemed
3ufficient for the purpose of meeting the requirements of this
3ection.
ility Clause.
In the event any provision or provisions of this Agreement are
letermined to be void, ultra vires, or otherwise unenforceable by a
@otirt of competent jurisdiction, the remaining portions of this
%greement shall continue in full force and effect.
IN WITNESS WHEREOF, the following signatures and seals.
CITY OF VIRGINIA BEACH, VIRGINIA
By
City Manager
TTEST:
City Clerk
2 6
Franchisee
@TTEST:
3TATE OF VIRGINIA
'-ITY OF VIRGINIA BEACH, to-wit:
I, a Notary Public in
and for the City and State aforesaid, do hereby certiey that AUBREY
1. WATTS, JR., City Manager, and ROTH HODGES SMITH, City Clerk, for
@he CITY OP VIRGINIA BEACH, whose names as such are signed to the
.oregoing Franchise Agreenient, have acknowledged the same before me
in my City and State aforesaid.
GIVEN under my hand this - day of 1989.
Notary Public
4y Commission Expires;
3'PATE OF VIRGINIA
'ITY OF VIRGINIA BEACH, to-wit:
I, a Notary Public in
nd Eor the City and State aforesaid, do hereby certify that
I President, and
ecretary of I whose names are signed to
-lie foregoitig Agreeinent, have acknowleig-ed Lhe same before me in my
'ity and State aforesaid.
GIVEN under my hand this day of 1989.
Notary Public
4y Coinmission Expires:
IMB/dga
?/8/89
i9lg.k
27
- 27 -
Item IV-I.
CONSENT AGENDA ITEM # 30784
Upon motion by Vice Mayor Fentress, seconded by Councilman Balko, City Council
APPROVED in ONE MOTION Items 1, 2, 3, 4, 5, 6, 7 and 8 of the CONSENT AGENDA.
Voting: ii-o*
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress," Harold Heischober, Barbara M. Henley, Reba
S. iMcClanan, John D. Moss, @layor Meyera E. Oberndorf,
Nancy K. Parker, John L. Perry and William D.
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Abstaining:
Vice Mayor Robert E. Fentress ABSTAINED on Item IV-
I.6 as he is the agent of one of the major creditors
of the Shakespeare-By-The-Sea Festival.
Council Members Absent:
None
- 28 -
Item IV-I.l.
CONSENT AGENDA ITEM # 30785
Upon motion by Vice Mayor Fentress, seconded by Councilman Balko, City Council
ADOPTED:
Ordinance to AMEND and REORDAIN Section 21-338 of
the Code of the City of Virginia Beach, Virginia,
re chemical test to determine alcoholic/drug
content of blood.
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
APPROVED AS TO CONTENTS
DEPARTMENT
APPROVED AS TO LEGAL
Y AND FORM
ORDINANCE TO AMEND AND REORDAIN
2 SECTION 21-338 OF THE CODE OF THE
3 CITY OF VIRGINIA BEACH, VIRGINIA,
4 PERTAINING TO CHEMICAL TEST TO
5 DETERMINE ALCOHOLIC/DRUG CONTENT OF
6 BLOOD
7
8 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
9 BEACH, VIRGINIA:
10 That Section 21-338 the Code of the City of Virginia
11 Beacti is hereby amended and reordained to read as follows:
12
13
14 Section 21-338. Chemical test to determine alcohc)lic/drug
15 content of blood.
16
17 A. As used in this section, "license" means any
18 driver's license, temporary driver's license or instruction
19 permit authorizing the operation of a motor vehicle upon the
20 highways. The term "Division,-- as used in this section, means
21 the State Division of Consolidated Laboratory Services.
22 B. Any persori, whether licensed by the state or not,
23 who operates a motor vehicle in this city shall be deemed
24 tliereby, as a condition of such operation, to have consented to
25 have a sample of his blood or breath or both blood and breath
26 taken for a chemical test to deteriniiie the alcoholic or drllg Or
27 both alcoholic and drug content of his--blood, if such person is
28 arrested for a violation of section 2i-336, within (2) hours of
29 the alleged offense.
30 C. Ariy persoii so arrested shall elect to have either
31 the blood or breath sample taken, but not both. If either the
32 blood test or the breath test is not available, then the
33 available test shall be taken. However, it shall not be a matter
34 of defense if the blood test or the breath test is not available.
35 In addition, if the accused elects a breath test, he shall be
36 erititled, upori request, to observe the process of alialysis atid to
37 see the blood-alcohol reading on the equipment used to perform
38 the breath test. If such equipment automatically produces a
39 written printout of the breath test result, this written
4 0 priiitout , or a copy thereof , shal l be given to the accused in
41 each case.
4 2 D . A persoji, after being arrested for driving under
43 the influence of any drtig or combination of drugs or the
44 coiiibined iiifluence of alcohol and any drug or drugs, may be
45 required to submit to tests to determine the alcoholic or drug or
46 both alcoholic and drug content of his blood. if a person, after
47 being arrested for any violation of section 21-336, chooses to
48 siibmit to a breath tesl iti accordance with subsection C. of this
49 section, that person may also be required to submit to tests to
50 deterinine tlie drug coriteiit of his blood if the law-enforcement
51 ofeicer has reasonable catise to believe the person was driving
52 ijrider the influetice of any drug or combination of drugs or the
53 combined influence of alcohol and drugs.
54 E. If a person, after being arrested for a violation
55 of section 21-336 and after having been advised by the arresting
56 officer that a person who operates a motor vehicle upon a public
57 highway in this city shall be deemed thereby, as a condition of
58 such operation, to have consented to have samples of his blood
59 or breath taken for chemical tests to determine the alcoholic or
60 drug or both alcoholic and drug content of his blood, and that
61 the unreasonable refusal to do so constitutes grounds for the
62 revocation of the privilege of operating a motor vehicle upon the
63 highways of this city, then refuses to permit the taking of
64 samples of his blood or breath or both blood and breath for such
65 test, the arresting officer shall take the person arrested before
66 a committing magistrate. If he again so refuses after having
67 been further advised by such magistrate oE the law requiring
68 blood or breath or both blood and breath tests to be taken and
69 the penalty for refusal, and so declares again his refusal in
70 writing, upon a form provided by the division, or refuses or
71 fails to so declare in writing and such fact is certified as
72 prescribed in subsection P. of this section, then no blood or
73 breatli sample shall be taken even though he may thereafter
74 request saine.
2
7 5 F . Ojily a piiysician, registered professional nurse,
76 graduate laboratory technician or a technician or nurse
77 desl<gnated by order of a circL4it coli r t acting upon the
78 recommendation of a licensed physician, using soap and water to
79 cleanse the part oE tile body froni whicti the blood is taken and
80 using instruments sterili2ed by the accepted steam sterilizer or
81 soiiie other sterilizer @vhicti will not affect the accuracy of the
82 t e s t , or using chemically clean sterile disposable syringes,
83 shall withdraw blood Eor the purpose of determining the alcoholic
84 or drug or both alcoholic and drug content thereof. It shall be
85 utilawful for any person to reuse single-use only needles or
86 syringes. Any person convicted of reusing single-use only
87 needles or syringes shall be guilty of a Class 3 misdemeanor. No
88 civil liability shall attach to any person authorized to
89 withdraw blood as provided herein as a result of the act of
90 withdrawing blood from any person submitting thereto, provided
91 the blood was withdrawn according- to recognized medical
92 procedures. The Eoregoing shall not relieve any such person from
93 liability for iiegligeiice iii the witildrawilig of any blood sample.
94 G. Adequate portions of the blood sample so withdrawn
95 shall be placed in vials provided by the Division, which vials
96 shall be sealed and labeled by the person taking the sample or at
97 his direction, showing on each the name of the accused, the name
98 of the person taking the blood saniple aiid the date and time the
99 blood sample was taken. The vials shall be divided between two
I 0 0 (2) contaiiiers provided by the Division, which containers shall
101 be sealed so as not to allow tempering with the vials, The
I 0 2 arresting or accoinpariying oeficer shall take possession of the
I 0 3 two (2) containers holding the vials as soon as the vials are
104 placed in SLIch containers aiid sealed, and shal.1 transport or mail
1 0 5 one of the containers forthwith to the Division. The officer
106 taking possession of the other contairier (hereinafter referred to
107 as secotid container) shall, immediately after taking possession
108 of the second container, give to the accused a form provided by
109 tlie Division which shall set forth the procedure to obtain an
110 independent analysis oE the blood in the second container, and a
3
11 1 list of Lhose laboratories, approved by the Division, and their
11 2 addresses. Such form shall contain a space for the accused or
113 Ii i s courisel to direct t tie of f i ce r possessilig such second
11 4 container to forward that coiitainer to such approved laboratory
11 5 f o r analysis, if desired. The officer having the second
116 container, a f t e r delivery of the form referred to ill the
1 1'7 precediiig sentence (tinless at that time directed by the accused
118 in writing on the form to Eorward the second container to an
119 approved laboratory of the accused's choice, in which event the
1 2 0 officer shall do so), shall deliver the second container to the
121 ciiief of police or his duly authorized represelitative. The chief
122 of police or Iiis represei)tative upon receiving same shall keep it
123 iii Iiis possessioii for a period of seventy-t@-jo (72) hours, during
1 2 4 which time the acciised or his counsel may, in writing, on the
125 form provided for hereinabove, direct the cilief of police to mail
126 such second container to the laboratory of the accused's choice
127 chosen from the approved list.
128 H. The testing oE the contei)ts of the second
129 coiitaii)er shall be niade iri the sanie inanner as hereafter set forth
130 concerning the procedure to be followed by the Division, and all
131 procedures established herein for transmittal, testing and
1 3 2 admission of the restilt in the trial oE the case shall be the
1 3 3 same as for the sample sent to the Division, provided that an
134 analysis of the second blood sample to determine the presence of
135 a drug or drugs shall not be performed unless an analysis of the
136 first blood sample by the Division has indicated the presence of
137 drugs.
138 1. A fee not to exceed twenty-five dollars ($25.00)
139 shall be allowed the approved laboratory Eor making the analysis
1 4 0 of the second blood sample, which fee shall. be paid out of the
141 appropriation for criminal charges. A fee not to exceed the
1 4 2 amount established on a schedule of fees to be published by the
1 4 3 Division for the required procedure or procedures shall be
1 4 4 allowed the approved laboratory for makiiig an analysis oE the
145' second blood sample to determine the presence of a drug or drugs,
1 4 6 @,ihich fee shall be paid out of the appropriation for criniinal
4
1 4 7 charges. If the person whose blood saniple was withdrawn is
1 4 8 subsequeritly convicted for violation oE section 21-336, the fee
149 paid by the comnionwealth for testing the blood sample shall be
150 taxed as part of the costs of the criininal case and shall be paid
151 into the general fund of the state treasury.
1 5 2 J. If the chief of police is not directed, as
153 provided in this section, to mail the second container within
1 5 4 seventy-two (72) hours after receiving such container, he shall
155 destroy such container.
1 5 6 K. Upon receipt of the blo6a sample forwarded to the
1 57 Division for analysis, the Division shall cause it to be
158 examined for alcoholic or drug or both alcoholic and drug content
1 5 9 and the director of t h e D i v i s i o n or his designated
1 6 0 representative shall execute a certificate which shall indicate
1 6 1 the name of the accused, the date, time and by whom the blood
1 6 2 sample was received and examined, a statement that the seal on
1 6 3 the vial had not been broken or otherwise tampered with, a
1 6 4 statement that the container was oiie provided by the Division
165 aj)d a statemeiit of the alcoliolic or drug or both alcoholic and
166 drug content of the saniple. The certificate shall accompany the
167 vial from which the blood sample examined was taken and shall be
1 6 8 returned to the clerk of the court in which the charge will be
1 6 9 heard. The blood sample shall be destroyed after completion of
1 7 0 the arialysis by the Division. A similar certificate shall
171 accompariy the vial forwarded by the independent laboratory which
17 2 analyzes the second blood sample on behalf of the accused, and
173 shall be returned to tlie clerk of the court in which the charge
]'/-I %,,i I I be heard. The blood sainpl.e shall be destroyed after
17 5 completion of the aiialysis by the independent laboratory. On
176 inotion oE the aCCLIsed, sijch certificate shall be admissible in
177 evidence %vhen attested by the pathologist or by the supervisor of
178 tlie laboratory approved by the Divisioll.
179 L. When any blood sample taken in accordance with the
I a 0 provisions of this section is forwarded for atialysis to the
181 Division, a report of the results of such analysis shall be made
182 and filed in that office. Upon proper identification oE the vial
5
18 3 iiito whicli the blood saiiiple was placed, the certificate, as
18 4 provided for in this section, shall, when duly attested by the
18 5 director of the Divisioji or his designated representative, be
186 admissible in any court, in any criminal or civil proceeding, as
187 evideiice of Lhe facts therein stated aiid of tlie results of such
188 analysis.
189 M. Upon the request of the person whose blood or
1 9 0 breath or both blood and breath sample was taken for chemical
191 tests to deterirkine the alcoholic or drug or both alcoholic and
1 9 2 drug content of his blood, the resiilts of stich test or tests
1 9 3 stiall be iiiade available to hiin.
194 N. A fee not exceeding ten dollars ($10.00) shall be
195 allowed tlie person withdrawing a blood sample in accordance with
1 9 6 this section, ,ihich fee shall be paid out of the appropriation
1,97 Eor criminal charges. If the person whose blood sample was
198 withdrawn is subsequently convicted for a violation of section
1 9 9 2 1 - 3 3 6 , or is placed under the purview of a probational,
200 educational or rehabilitational program, as set forth in section
2 01 18.2-271.1 oE Llie Code of Virginia, the aiiiount charged by the
202 persoii withdrawiiig the saiflple shall be taxed as part of the costs
2 0 3 of the criminal case and shall be paid -into the general fund of
204 ttie slate treasury.
2 0 5 0. Iii any trial for a violation of section 21-336,
20 6 this sectioii shall not otherwise litnit the introduction of any
2 0'7 relevant eviderice bearirig upon aiiy question at issue before the
208 court, and the court shall, regardless of the restilt of the blood
209 or breath test or tests, if any, consider such other relevant
210 Lvidence of the conditioii of the aCCLised as shall be adnii.ssible
211 iii evideiice. If the results of such a blood test indicate the
2 1 2 presence of a drug or d.rugs other than alcohol, the test results
2 1 3 shall be admissible only if other competent evidence has been
21 4 presented to relate the presence of drug or drugs to the
215 inipairineilt of the accused's ability to drive or operate any motor
216 vehicle, engine or train safely. The failure of an accused to
217 permit a sample of his blood or breath t@,) be taken for a chemical
218 test to determine the alcoholic or driig coritent of his blood is
6
2 1 9 not evidence and shall not be subject t o co al itte n t by the
2 2 0 prosecution at the trial of the case, except in rebuttal; nor
2 2 1 shall the fact that a blood or breath E@st had been offered the
222 acctised be evidence or the subject of comnient by the prosecution,
223 except iii rebuttal.
2 2 4 P. The forin referred to in subsection (E.) of this
2 2 5 sectioii shall contain a brief staleinetit of the law requiring the
2 2 6 taking of blood or breath or both blood and breath samples and
2 2 7 the penalty for refusal, a declaration of refusal and lines for
228 the signature oE the person from whom the blood or breath or both
229 blood aiid breath saniple is souglil, the date aiid Lhe signature of
2 3 0 a witness to the signing. If such person refuses or fails to
2 3 1 execute such declaration, the comiriittiiig just ice, clerk or
2 3 2 assistant clerk shall certify such fact, and ttiat the committing
2 3 3 justice, clerk or assistant clerk advised the person arrested
2 3 4 that such refusal or failure, if found to be unreasonable,
2 3 5 constitutes grounds for the revocation of such person's license
2 3 6 to drive. The committing or issuing justice, clerk or assistant
237 clerk shall forthwith issue a warrant charging the person
238 refusing to take the test to determine the alcoholic or drug or
239 both alcoholic and drug content of his blood with violation of
2 4 0 this section. The warrant shall be executed in the same manner
241 as criminal warrants. Venue for the trial of the warrant shall
2 4 2 lie in the court of the city in which the offense of driving
243 under the influence of intoxicants is to be tried.
2 4 4 Q. The executed declaration of refusal or the
245 certificate of the committing justice, as the case may be, shall
2 4 6 be altached to the %varranl and shall. be forwarded by the
2 4 7 committing justice, cl.erk or assistant clerk to the court in
2 4 8 which the offense of driving uiider the influence of intoxicants
249 shall be tried.
2 5 0 R. When the COLirt receives the declaration of refusal
2 5 1 or certificate referred to in subsection (Q.) of this section,
252 together with the warrant charging the defendant with refusing to
2 5 3 submit to having a sample of his blood or breath or both blood
2 5 4 and breath taken for the determination of the alcoholic or drug
7
255 or both alcoholic and drtjg content oE his blood, the court shall
2 5 6 fix a date for the trial oE such warrant, at such time as the
257 court shall designate, but subsequent to the defendant's criminal
2 5 8 trial for driving under the influence of intoxicants. Upon
259 request, the defendai)L shall be gralited a trial by jury on
260 appeal to the circuit court.
2 6 1 S. The declaration of refusal or certificate under
2 6 2 subsection (Q. ) , as the case may be, shall be prima facie
263 evidence that the defendant refused to submit to the taking of a
2 6 4 sample of his blood or breath or both blood and breath to
2 6 5 deterinii)e tlie alcoholic or drug or botil alcoholic and drug
2 6 6 content of his blood as provided hereinabove. However, this
2 6 7 shall not be deemed to prohibit the defendant from introducing,
268 on his behalf, evidence of the basis for his reeusal to submit to
2 6 9 the taking of a sample of his blood or breath or both blood and
27 0 breath to determine the alcoholic or drug or both alcoholic and
27 1 drug content of his blood. The court shall determine the
272 reasonableness of such retusal.
2 7 3 T. If the court or jury finds the defendant guilty as
274 charged in the %.iarratit issued under this section, the court
2 7 5 stiall suspend the deeeiidaiit's license for a period of six (6)
2?6 months for a first offense and for one year for a second or
27 7 subsequent oefense or reeusal withiii one year OE the first or
278 other such refusals. The time shall be comp6ted as follows: The
279 date of the first offense and the date of the second or
280 subsequent oefense; ho%qever, if the defendant pleads guilty to a
281 violation of section 21-336, the court may dismiss the warrant.
2 8 2 U. The court shall forward the defendant's license to
283 the Commissiotier oE the Department of Motor Vehicles of Virginia
2 8 4 as in other cases of similar nature for suspension of license,
285 unless the defendant appeals his conviction. In such case the
286 court shall return the license to the defelidant upon his appeal
287 being perfected.
288 V. The procedure for appeal and trial shall be the
289 same as provided by law for misdemeanors; if requested by either
290 party, trial by jury shall be as provided in article 4 oE chapter
8
c
29 1 15 (sect ioji 19 . 2-260 , et seq. ) oE tit le 1 9 .2, Code of virginia,
2 9 2 and the city shall be required to prove its case beyond a
293 reasonable doubt.
29 4 W. No person arrested for a violation of section 21-
29 5 336 shall be required to execute, in favor of any person or
296 corporation, a waiver or release of liability in connection with
2 97 the withdrawal of blood and as a condition precedent to the
298 %iithdrawal of blood as provided Eor herein.
299 X. The court or the jury tryi[ig the case shall
300 determine the innocence or the guilt of the defendant from all
301 tlie evideiice conceriiiiig his coridition at the tiiiie of the alleged
302 offense.
3 0 3 Y. Chemical arialysis of a person's breath, to be
3 0 4 considered valid under the provisions oE this section, shall be
3 0 5 performed by an individual possessing a valid license from the
3 0 6 Division to conduct such tests, with a type of equipment and in
3 07 accordance with the niethods approved by the Division. Such
30B breath-testing equipment shall be tested for its accuracy by the
3 0 9 Division at least once every six (6) months. Any individual
310 coiiducting a breath test under the provisions of this section and
311 as authorized by the Division shall issue a certificate, which
312 will indicate that the test was conducted in accordance with the
3 1 3 manufacturer@s Divisioii's specifications, the equipment oil which
314 the breath test was conducted has been tested within the past six
315 (6) inonths and has been found to be accurate, the name of the
316 accused, the date, the time the- sa@ple was taken from the
317 accused, the alcoholic content of the sample and by whom the
318 sample was examined. Such certieicite, %.ihen duly attested by the
3 1 9 authorized iridividual conducting the breath test, shall be
320 admissible in any court in any criminal or civil proceeding as
321 evidence of the facts therein stated and of the results of such
322 analysis. Any such certificate of analysis purporting to be
3 2 3 signed by a person authorized by the Division shall be
3 2 4 adniissible iii evidence without proof of seal or signature of the
3 2 5 person whose name is signed to it. The officer making the
3 2 6 arrest, or anyone with him at the time of the arrest, or anyone
9
3 27 participating i n the arrest o f the accused, i f otherwise
3 2 8 qualified to conduct such test as provided by this section, may
3 2 9 iiiake the brealh test or analyze the results thereof. A copy of
330 such certificate shall be forthwith delivered to the accused.
331 Z. The steps set forth in this section relating to
332 the taking, handling, identification and disposition of blood or
3 3 3 breath samples are procedural in nature and not substantive.
3 3 4 Substantial compliance therewith shall be deemed to be
335 sufficient. Failure to comply with any one or more of such steps
336 or portions thereof, or a variance in the results of the two (2)
3 37 blood Lests, shall iiol, of itself, be grouiid for finding the
338 defendant not guilty, buL shall go the weight of the evidence and
3 3 9 shall be coiisidered as set forth above with all the evidence in
3 4 0 the case, provided that the defendant shall have the right to
3 4 1 introduce evidence on his owti behale to sho@q noncompliance with
3 4 2 the aforesaid procedure or any part thereof, and that, as a
343 result, his rights were prejudiced.
3 4 4
3 4 5 Adopted by the Council of the City of Virginia Beach,
3 4 6 virginia, on the _13ttl day of February 1989.
3 4 7
348 WEB/epm
349 02/03/89
3 5 0 CA-0
351 \ordin\proposed\21-338.pro
3 5 2
10
- 29 -
Item IV-I.2.
CONSENT AGENDA ITEM # 30786
Upon motion by Vice Mayor Fentress, seconded by Councilman Balko, City Council
AUTHORIZED:
Request to advertise for February 27, 1989:
Ordinance to AMEND and REORDAIN Section 36-172 of
the Code of the City of Virginia Beach, Virginia,
re the maximum rate of fare for taxicabs.
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
- 30 -
Item IV-I.3.
CONSENT AGENDA ITEM # 30787
Upon motion by Vice Mayor Fentress, seconded by Councilman Balko, City Council
ADOPTED upon SECOND READING:
Ordinance to ACCEPT and APPROPRIATE $2,680 Grant
from the Virginia Department of Motor Vehicles to
the Public Works Department to be used for training
in traffic signals and coordinated systems.
Voting: 11-0
Council Members Voting Ave;
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
AN CPJ)TMM TO AND APPM A IN UM
AMJONr OF $2,680 MM 'nlE A OF
@ VElf][CIES TO 911E PUELIC DEP@- 'fD BE
USM FCR IN @C S@ AND SY@
WHEREAS, the State Department of Motor Vehicles has awarded $2,680 in
Hi@y Safety Funds, to the virginia Beach Traffic Engineering Division, for the
purpose of receiving training in "Traffic Signals and Coordinated Systems," and
, this training will allow the @ffic Engineering Division to
iinprove the quality of traffic flow and address safety issues within the city,
and
WBEREAS, this funding is a one tirne grant requiring no city mtch.
NOW RE BE IT O@ BY nm Criy COLJNCIL OF nm CIIIY OF
@IM BEAal, VTRGMIA, that a grant in the amount of $2,680 be accepted from
the Virginia Deparbnent of Motor Vehicles and appropriated to the Department of
Public Works for the purposes of providing training to the Traffic Engineering
Division in "T'raffic Signals and Coordinated Sys@.
'Ihis ord shall be effective fr-cm the date of its adoption.
Adopted by the City Council of the City of Virginia Beach, virginia on
13 day of February 1989.
First Reading February 6, 1989
Second Reading February 13, 1989
APp@C)VCD f..S TO cof4TEt4T
C,i IY A, i(Di-l@4EY
- 31 -
Item IV-1.4.
CONSENT AGENDA ITEM # 30788
Upon motion by Vice Mayor Fentress, seconded by Councilman Balko, City Council
ADOPTED upon SECOND READING:
Ordinance to ACCEPT and APPROPRIATE $15,000 Grant
from the Virginia Division of Motor Vehicles to the
Police Department for additional enforcement of
driving under the influence violations.
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice @layor 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
AN CRD TO @ PM
A $15,000 GRAUR FRC*4 THE @INIA DMSICN OF VEEff--
TO THE POLICP, DEP FM ADDITI@
CIP UNDER TM CNS
the State has rk)tified the City of a $15,000 Highway Safety Grant
award fran the Virginia Division of Motor Vehicles for additiorial law enforcement
of driving under the influence (D.U.I.) violations, and
, these funds will be used to pay overtim and fringe benefits costs
for police officers who will providing the additional law enforcEMent.
NCYA, MM@E, HE IT MWNM BY THE lb or THE CITY OF VIWMM BEME,
VIMMM, that $15,000 be accepted frorn the State and apprcpriated to the Police
Depar@nt's FY88-89 Operating Budget to pay the overtime and fringe benefits
costs for expanded D.U.I. enforcement activities.
Adopted this day, the 13 day of February, 1989, by the Council of the
City of Virginia Beach, Virginia.
This ordiriance shall be in effect from the date of its adoption.
First Readirig: Fel)rtiary 6. 1989
Second Reading: February Ill
APPgoVED.45 TO CO@ITENT
- 32 -
Item IV-I.5.
CONSENT AGENDA ITEM # 30789
Upon motion by Vice Mayor Fentress, seconded by Councilman Balko, City Council
ADOPTED upon SECOND READING:
Ordinance to APPROPRIATE $63,500 to provide a
refundable Grant to the Shakespeare By-The-Sea
Festival Foundation for debts incurred during the
1988 performance season.
Voting: 10-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Harold Heischober,
Barbara M. Henley, Reba S. McClanan, John D. Moss,
Mayor Vieyera E. Oberndorf, Nancy K. Parker, John L.
Perry and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Abstaining:
Vice Mayor Robert E. Fentress
Council Members Absent:
None
Vice Mayor Robert E. Fentress ABSTAINED on Item IV-T.6 as he is the agent of
one of the major creditors of the Shakespeare-By-The-Sea Festival.
AN ORDINANCE TO APPROPRIATE FUNDS IN TliE AMOUNT OF $63,500
TO PROVIDE A REFUNDABLE GRANT TO
THE SHAKESPEARE BY-THE-SEA FESTIVAL FOUNDATION
FOR DEBTS INCURRED DURING TtiE 1988 PERFORMANCE SEASON
WIIEREAS, the City of Virginia Beach desires to encourage and support
activities in support of the arts and humanities for the citizens of the City
of Virginia Beach, and
WHEREAS, the Shakespeare By-The-Sea Festival Foundation is a charitable
private not-for-profit foundation established to provide direction and support
for cl.assical theatrical productions to be held within the City of Virginia Beach
for the benefit of its citizens and seasonal tourists, and
WHEREAS, during the 1988 festival season the Shakespeare By-The-Sea
Foundation suffered deficits in the amount of $63,500 consisting of debts owed
to the City of Virginia Beach, area merchants and other vendors, and
WHEREAS, the Shakespeare By-The-Sea Festival Foundation @oard has requested
the City of Virginia Beach to extend a refundable grant in the amount of $63,500.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA that funds in the amount of $63,500 are hereby appropriated from
the General Fund Balance to the Shakespeare By-the-Sea Festival Foundation for
a refundable grant to satisfy debts incurred during the 1988 festival season.
It is anticipated the grant will be refunded within three years through donations
made to the foundation and future revenues derived from theatrical performances
held by tbe Shakespeare By-The-Sea Foundation.
This ordinance shall be effective from the date of its adoption.
Adopted by the Council of the City of Virginia Beach, Virginia on
the 13 day of Fehri,nry 1989.
FIRST READING: February 6, 1989
SECOND READING: February 13, 1989
- 33 -
Item IV-I.6.
CONSENT AGENDA ITEM # 30790
Upon motion by Vice Mayor Fentress, seconded by Councilman Balko, City Council
APPROVED:
LOW BIDS
Service Electric Corporation of Virginia in the
amount of $56,000.03 for the installation of
Computer Communications Cable on Indian River Road,
Kempsville Road, Diamond Springs Road and Newtown
Road. (CIP 2-988)
Asphalt Roads & Materials Company, Inc. in the
amount of $367,034.50 for 1988-89 Bituminous
Concrete Schedule for Completed Utility Projects -
Contract III.
Utility Builders, Inc. in the amount of $457,898.04
for Linkhorn Point/Dwyer Road Sewer and Water
Improvements (Phase T) (CIP's 5-029, 6-943/5-028,
6-982).
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 Meinbers Voting Nay:
None
Council Members Absent:
None
- 34 -
Item IV-I.7.
CONSENT AGENDA ITFIL # 30791
Upon motion by Vice Mayor Fentress, seconded by Councilman Balko, City Council
ADOPTED:
Ordinance authorizing tax refunds in the amount of
$2,758.03 upon application of certain persons and
upon certification of the City Treasurer for
payment.
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
2/6/89 1
FORM NO. C.A. 7
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- D ate Penalty Int. Total
Year of Tax Number tion No. Paid
Crestar Mortgage Co 89 RE(1/2) 91563.2 12/5/88 220.64
Matilda Ward 89 RE(1/2) 116786-8 11/8/88 67.53
GVG Incorporated 89 RE(1/2) 38434-0 11/14/88 127.07
QED Systems 88 RE(]/2) 88573-7 12/5/87 91.95
QED Systems 88 RE(2/2) 88573-7 6/5/88 91.95
Home Federal S & L Assoc 89 RE(1/2) 28070-0 12/5/88 150.02
Honie Federal S & L Assoc 89 RE(]/2) 105888-8 12/5/88 130.20
Victoria L Shaw 89 RE(1/2) 101191-1 12/5/88 267.61
William C Perry etux 89 RE(1/2) 87600-5 11/28/88 126.39
Walter F Sullivan 89 RE(1/2) 108239-8 12/2/88 821.68
Josie P Robbins 89 RE(1/2) 94419-2 12/5/88 393.00
John H & Helen Grimstead 89 RE(1/2) 43788-2 11/30/88 184.74
Ameribanc Savings Bank 89 RE(1/2) 19946-1 11/30/88 24.71
Ameribanc Savings Bank 89 RE(1/2) 96393-7 11/30/88 37.66
HMK & Associates LP 89 RE(1/2) 50028-7 11/22/88 22.88
Total 2,758.03
This ordinance shall be effective from date of adoption.
The above abatement(s) totaling
42,7',R AA were approved by
the Council of the City of Virginia
Beach on the 1 3 day of -Epb@ry
Approved as to
Ruth Hodges Smith
City Clerk
Da e' mr,.nl City Attorney
- 35 -
Item IV-T.8.
CONSENT AGENDA ITEM # 30792
Upon motion by Vice Mayor Fentress, seconded by Councilman Balko, City Council
ADOPM:
Ordinance authorizing license refunds in the amount
of $3,148.94 upon application of certain persons
and upon certification of the Commissioner of the
Revenue for payment.
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 X. Parker, John L. Perry and William D.
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
FORM NO@ C.A. 6 REV. 3@
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:
License Date Base Penalty Int. Total
NAME Year Paid
Service America Corporation
T/A Pavilion Food Service
1000 19th Street 1988 Audit 294.36 294.36
Virginia Beach, VA 23451
Shriver & Holland Assoc- Inc. Audit 507.34 507.34
355 W. Freemason Street 1987
Norfolk, VA 23510
zamrin, Michael J. 1987/88 Audit 287.12 287.12
1216 Granby St., Ste. 19
Norfolk, VA 23510
Certified as to Payment:
@obert P, Vaughan
Commissioner oi the Revenue
Approved
ey
This ordinance shall be ehective from date oi
adoption.
The above abatement(s) totaling 8.82 were approved by the Council
of the City oi Virginia Beach on the 13 day of February '19 89
Ruth Hodges Smith
City Clerk
FOR. .0. C,A@ 0 REV 3U
AN ORDINANCE AUTHORIZING LICENSE RR:FUNDS
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 cerlification of the Commissioner Of the
Revenue are hereby approved:
NAME License Dale Base Penalty Int. Total
Year Paid
Miller, Maurice & Marshallia
T/A Star Video 1988 12/88 60.00 60.00
4924 Erskin Street
Virginia Beach, VA 23462
Native American Builders, Inc.
P.O. Box 5207 1986 Audit 318.60 318,60
Virginia Beach, VA 23455
Resort Property Management Inc.
T/A The Beach Club/The Captains Table
3450 Marabou Lane 1988 Audit 375.57 375.57
Virginia Beach, VA 23451
Certified as to Payment:
Robert P. aug an
Commissioner of the eevenue
This ordinance shall be effe@ctive from date oi
adoption.
The above abatement(s) totaling $ 7 5 4 . 1 7 were approved by the Council
of the City of Virginia Beach on the ig day of February 19 89
Ruth Hodges Smith
City Clerk
FOR. 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
Anderson, Rufus, Jr. 1988 12/88 30.00 30.00
T/A Va. Beach Flea Mkt. Snack Bar
5067 E. Indian River Rd.
Virginia Beach, VA 23464
Associates at Lynnhaven/Hilton
121 Landmark Square 1987/88 Audit 516.23 51,6.23
Virginia Beach, VA 23452
Cellular Installations Inc.
T/A CII 1987/88 Audit 759.72 759.72
2010 W. Main Street
Richmond, VA 23320
Certified as to Payment:
6<ob@rl P. Vaughan
CDMmissioner of the Revenue
Approved as to form:
z,
@D@le- Bimsoh
,City Attorney
This ordinance shall be effective from date of
adOptiDn.
The above abatement(s) totaling $ 1 , 3 0 5 9 5 were approved by the Council
13 February 89
of the City of Virginia Beach on the- day of 19 -
Ruth Hodges Smith
City Clerk
- 36 -
Item IV-J.l.
APPOINTMENTS ITFDI # 30793
Upon NOMINATION by Councilwoman McClanan, City Council APPOINTED:
ARTS AND HUMANITIES COMMISSION
Susan F. Sadler
(Unexpired term thru June 30, 1989)
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
- 37 -
Item IV-J.2.
APPOINTMENTS ITEM # 30794
Upon NOMINATION by Councilwoman McClanan, City Council APPOINTED:
COMMLINITY SERVICES BOARD
Robert F. Hagans
(Unexpired term thru December 31, 1990)
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
- 38 -
Item IV-J.3.
APPOINTMENTS ITEM # 30795
Upon NOMINATION by Councilman Heischober, City Council APPOINTED:
PERSONNEL BOARD
Michael C. Savvides
Three year term - March 1, 1989 - February 28, 1992
AND,
REAPPOINTED:
Willie Basnight
Three year term - March 1, 1989 - February 28, 1992
Robert T. Hagerman
Three year term - March 1, 1989 - February 28, 1992
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
Counci.1 Members Absent:
None
- 39 -
Item IV-J.4.
APPOINTMENTS ITEM # 30796
Upon NOMINATION by Councilwoman Henley, City Council APPOINTED:
THE PLANNING COUNCIL
William D. Sesssoms, Jr.
One year term April 1, 1989 - March 31, 1990
Voting: 10-0
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 and John L. Perry
Council Members Voting Nay:
None
Council Members Abstaining:
William D. Sessoms, Jr.
Council Members Absent:
None
- 40 -
Item IV-J.5.
APPOINTMENTS: ITF14 # 30797
Upon NOMINATTOM by Councilman Moss, City Council APPOINTED:
VIRGIMIA BEACH COMMUNITY DEVELOPMEMT CORPORATION
Larry W. Shelton
(Unexpired term thru December 31, 1992)
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
- 41 -
Item IV-K.I.
UNFINISHED BUSINESS ITEM # 30798
Dr. George Sjolund, Director - Public Health, advised the Smoking Policy
Advisory Committee was established on August 22, 1988, to formulate a
statement regarding smoking in public places to assure both the smoker as
well as the non-smoker their rights will be protected. The Committee
presented to City Council a DRAFT Ordinance. The DRAFT was developed by
Assistant City Attorney Randall Blow utilizing information obtained from other
communities as well as input from the Committee.
Assistant City Attorney Randall Blow advised if the General Assembly during
this session ADOPTS a Bill prohibiting the localities from ADOPTING
legislation controlling smoking in public places, the City of Virginia Beach
will be grandfathered as long as said Ordinance is ADOPTED prior to July 1,
1989.
BY CONSENSUS, City Council SCHEDULED a PUBLIC HEARING for the City Council
Meeting of March 6, 1989":
Ordinance to amend and Reordain the Code of the
City of Virginia Beach, Virginia, by adding a new
Chapter 28.5 pertaining to smoking.
*This PUBLTC HFARING is SCHEDULED for the City Council Session of February 27,
1988, at 6:00 P.M., as same was mistakenly advertised.
- 42 -
Item IV-K.2.
NEW BUSINESS ITEM # 30799
ADD-ON
BY CONSENSUS, City Council SCHEDULED PUBLIC HEARING:
LIGHT RAIL TRANSIT
Princess Anne High School
February 28, 1989
7:00 P.M.
- 43 -
Item IV-L.l.
NEW BUSINESS ITEM # 30800
Giles Dodd, Assistant City Manager for Administration, responded to City
Council inquiries relative Interim Financial Statements for the Period July 1,
1988 through December 31, 1988 (Said Statements are hereby made a part of the
record.)
Giles Dodd referenced Pages 2.3 and 2.4 related to the Hotel Room and
Restaurant Meal Taxes. The Collections appear to be rather low but this is not
the case. Rather, the Budget, which goes into effect January First, has been
increased.
- 44 -
Item TV-L.2.
NEW BUSTNESS ITEM # 30801
Upon motion by Vice Mayor Fentress, seconded by Councilman Heischober, City
Council ADOPTED, as CORRECTED*:
Resolution requesting that Virginia Beach be added
to Senate Bill No. 80 so as to allow the City to
Charge a Local Option Gas Tax.
The word "5%" on line 4, paragraph five, shall be
CORRBCTED to read "five cents"
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. @IcClanan, 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
RESOLUTION
A RESOLUTION REQUESTING THAT VIRGINIA
BF,ACH BE ADDED To SENATF BILL NO. 809 SO
AS TO ALLOW THE C:rTy To CHARGE A LOCAL
OPTION GAS TAX-
WHEREAS the city Council has identified for several years a
request to be allowed to impose a local option gas tax; and
WHERF,AS this gas tax is to be used for transportation system
improvements; and
WHEREAS Senate Bill No. 809 has passed the Senate and would
allow Northern Virginia localities to charge a local option gas
tax up to five cents per gallon; and
WHEREAS a five cents per gallon gas tax would generate in
excess of nine million dollars a year annually for transportation
needs in the CitY-
Now THEREFORE be it resolved by the council of the CitY Of
Virginia Beach that the General Assembly is requested to add
virginia Beach to the localities which may impose a local option
gas tax up to five cents; and
BE IT FURTHER RESOLVFD that this authority also be granted
to other Tidewater localities; and
BE IT FURTHM PESOLVED that the City would not impose a
local option gas tax until its neighboring Cities did likewise.
Resolved bY the Council of the City of Virginia Beach on
this 13 day of February 1989.
- 45 -
Item IV-L.2.a.
NEW BUSINESS
RECONSIDERATION ITEM # 30802
Sam Scott, 1333 Laskin Road, Phone: 422-2400, Agent for the Owner.
Upon motion by Councilman Balko, seconded by Vice Mayor Fentress, City Council
SCHEDULED RECONSIDERATION for the City Council Meeting of February 27, 1988,
REQUEST FOR RECONSIDERATION: Application of GRAYSON WHITEHURST, JR./SCOTT
DEVELOPMENT COMPANY for Changes of Zoning (Approved March 12, 1984, #21544), on
property located at First Colonial Road and Mill Dam Road (Lynnhaven Borough).
The applicant wished RECONSIDERATTON of Condition No. I.:
1. One ingress and egress point only to be located
opposite Mill Dam Road.
The developer wishes to have one point of ingress/egress on the 0-2 property
located to the southeast of Collection Creek Way. The proposed access would be
located at the existing median opening on First Colonial Road.
Voting: 9-2
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, John
D. Moss, Mayor Meyera E. Oberndorf, John L. Perry
and William D. Sessoms, Jr.
Council Meribers Voting Nay:
Reba S. McClanan and Nancy K. Parker
Council Members Absent:
None
- 46 -
Item IV-L.3.
NEW BUSINESS ITEM # 30803
ADD-ON
Upon motion by Councilwoman McClanan, seconded by Councilman Sessoms, City
Council EXPEDITED the application of FERRELL PARKWAY ASSOCIATES for a Change of
Zoning from R-20 to 0-2, southwest corner of General Booth Boulevard and
Strawbridge Road (Princess Anne Borough) from the March Planning Commission
Meeting to the City Council Session of March 27, 1989 at 6:00 P.M.
Voting: 7-2
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Harold Heischober,
Reba S. McClanan, John D. Moss, John L. Perry and
William D. Sessoms, Jr.
Council Members Voting Nay:
Mayor Meyera E. Oberndorf and Nancy K. Parker
Council Members Abstaining:
Barbara M. Henley
Council Members Absent:
Vice Mayor Robert E. Fentress
Councilwoman Henley ABSTAINED as she was not fully knowledgeable of the
application.
- 47 -
Item IV-L.4.
NEW BUSINESS ITEM # 30804
ADD-ON
The following spoke in support of advancement of the CIP Project relative Old
Dam Neck - Upton Drive Sanitary Sewer Project:
June Harper, 1037 Old Dam Neck Road, Phone: 481-1132. June Harper distributed
maps obtained from the City's Planning and Engineering Department. June
Harper refused an ultimatum from the State to take her property fronting on
Dam Neck Road. The State is filing in Court to take her property. June Ilarper
advised the residents realize the necessity of the widening of Dam Neck Road
and support same. The residents have "antiquated" septic systems composed of
cinder blocks. The residents are virtually surrounded by City sewerage.
Jim flarper, 1037 Old Dam Neck Road, Phone: 481-1132
Warren B. Miller, 629 Dam Neck Road, Phone: 426-6904
Don Ryan, 1036 Old Dam Neck Road, Phone: 426-6326
The City Manager advised the area reached the required 51% participation level
in early 1988. In preparation of the 89-93 Capital Tmprovement Program, there
were 18 new sanitary sewer projects added during the year. Old Dam Neck/Upton
Estates were ranked 12 out of 18. The project is included in the CIP but in the
second "five years". This is not an easy engineering project. The major HRSD
transmission line is located in this vicinity.
The City Manager shall respond to citizen concerns and review CIP ranking to
consider the advancement of Old Dam Neck - Upton Drive Sanitary Sewer Project
of 51% neighborhood participation at the City Council Sessions of February 27,
1989.
- 48 -
Item IV-L.4.
NEW BUSINESS ITEM # 30805
ADD-ON
Councilman Moss referenced a letter from the Attorney of the Kempsville Greens
Home Owners Association relative their law suit situation concerning the PD-H2
(Ordinances upon application of R. G. MOORE BUILDING CORPORATION for Changes of
Zoning 0-1 to R-5, R-5 to PD-H2 and R-5 to P-1 ADOPTED January 16, 1984).
Councilman Moss requested the City Manager respond to same and requested copies
of this letter be distributed to City Council.
- 49 -
Item IV-M.l.
ADJOURNMENT ITEM 30806
Upon motion by Councilman Baum and BY ACCLAMATION, City Council ADJOURNED the
Meeting at 6:15 P.M.
Beverly 0. Hooks
Chief Deputy City Clerk
Zuth Hodges Smith, CMC
City Clerk
City of Virginia Beach
Virginia
- 49 -
Item IV-M.1.
ADJOUP, NMENT
ITEM # 30806
Upon motion by Councilman Baum and BY ACCLAMATION, City Council ADJOURNED the
Meeting at 6:15 P.M.
Beverly O. Hooks
Chief Deputy City Clerk
~R~th Hodg~s Smith, CMC
City Clerk
Mey6ra[~. Oberndorf ~
Mayor V
City of Virginia Beach
Virginia
February 13, 1989