HomeMy WebLinkAboutDECEMBER 12, 1988 MINUTES
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"WORLD'S LARGEST RESORT Cr""
CrH COUNCIL
MAYOR MEIE- Al
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281 CITY HALL BUILDING
MUNICIPAL CENTER
A-Y V --, j@, Ci@ CITY COUNCIL AGENDA VIRGINIA BEACH, VIRGINIA 23456-9002
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DECEMBER 12, 1988
ITEM 1. COUNCIL CONFERENCE SESSION - Conference Rocxn - 12 NOON
A. CITY COUNCIL CONCERNS
ITEM 11. INFORMAL SESSION - Conference Room - 1:30 PM
A. CALL TO ORDER - Mayor Meyera E. Oberndorf
B. ROLL CALL OF COUNCIL
C. MOTION TO RECESS INTO EXECUTIVE SESSION
ITEM 111. FORMAL SESSION - Council Chamber - 2:00 PM
A. INVOCATION: Reverend Thomas Caroluzza
Holy Spirit Catholic Church
B. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
C. ELECTRONIC ROLL CALL OF CITY COUNCIL
D. MINUTES
1. INFORMAL & FORMAL SESSIONS - December 5, 1988
E. CEREMONIAL PRESENTATIONS
1. VIRGINIA BEACH CITY EMPLOYEE HALL OF FAME
a. HOWARD V. LEE General Services
b. MALISSIA L. LEE Housing and Community Development
c. WILLIAM E. ROBERSON Public Utilities
F. PUBLIC HEARING
1. CITY CHARTER AMENDMENTS:
a. Ainortization of Billboards and Non-Conformfng Signs
Amend Section 2.02
Add Subsection (f)
b. Fire Safety Regulations, Prevention and Protection
Amend Section 2.02 "Additionai Powerslt
c. Resort Area Special Tax Distrlct
One-Half Percent Sales Tax with "Sunset Clause,,
d. Transfer of Development Rights (TDR's)
Authority to adopt zoning regulatlons from one parcel to
another
2. AUTHORIZATIONS FOR ISSUANCE OF BONDS:
a. General Obligation Bonds of the City ot Virginia Beach, in the
Maximum Amount of $8,000,000 for Road, Highway, and Bridge
Purposes.
b. General Obligation Bonds of the City of Virginia Beach, in the
Maximum Amount of $26,300,000 for Various Public Facilities and
General Improvements.
c. Water and Sewer System Revenue Bonds of the City of Virginia
Beach, in the Maximum Arnount of $17,800,000.
3. CAPITAL IMPROVEMENT PROJECTS
a. Amend and Reordain the Code of the City of Virginia Beach
Increasing the tax levy on Restaurant Meals and Hotel/Motel
Lodging from 4.0 percent to 4.5 percent, effective January 1,
1989.
b. Increase the tax levy on real estate from 91.5 cents to 92.2
cents, 93.6 cents, or 94.3 cents per $100 assessed value,
effective July 1, 1989.
G. PUBLIC HEARING
1. PLANNING
a. Applications of BLOSSOM HILL ASSOCIATION re property located on
the West side of Princess Anne Road and North of Pungo Ferry
Road (PUNGO BOROUGH);
Variance to Section 5.5(a) and (b) of the Subdivision Ordinance
which requires curbs, gutters, storm sewers and drainage to be
In accordance with specifications of the Department of Public
Works.
AND,
Conditional Use Permit for a on the West side of
Princess Anne Road, 4963 feet North of Pungo Ferry Road (851
Princess Anne Road), containing 140 acres.
Deferred June 13, 1988
Recommendation: APPROVAL
b. Application of CANONIE ATLANTIC COWANY, a Virginia
Corporation, for a Variance to Section 4.4(d) of the
Subdivision Ordinance which requires all lots created by
subdivision to have direct access to a publ ic street (on the
North side of Shore Drive, 800 feet more or less West of
Dlamond Springs Road) (SAYSIDE BOROUGH).
Recommendation; APPROVAL
c. Application of BRUCE A. KIRBY for a Variance to Section 4.4(b)
of the Subdivision Ordinance which requires all lots created by
subdivision to meet all requirements of the City Zoning
Ordinance (1633 Jack Frost Road) (BAYSIDE BOROUGH).
Recommendation: APPROVAL
d. Application of CHURCH OF ASCENSION - DIOCESE OF RICHMOND for a
Conditional Use Permit for a church addition on the West side
of Princess Anne Road, 770 feet more or less North of
Brandywine Drive (4853 Princess Anne Road), containing 9.94
acres (KEMPSVILLE BOROUGH).
Recommendation: APPROVAL
e. Application of JOHN C. ASPINWALL lit for a Conditional Use
Permit for mini-storage located 400 feet more or less
Northeast of he intersection of Salem Road and South
Independence Boulevard, containing 4.584 acres (KEMPSVILLE
BOROUGH).
Recommendation: APPROVAL
f. Application of J V L ASSOCIATES for a Conditional Use Permit
for mini-warehouses on the West side of Oceana Boulevard, 1100
feet South of Harpers Road (1251 Oceana Boulevard), containing
1.9 acres (PRINCESS ANNE BOROUGH).
Recommendation: APPROVAL
g. Application of DENNIS P. MURTLAND for a Conditional Use Permit
for an automobile repair establishment (Grease Monkey Quick
Lube) on Lot 3, Block K, Lynnhaven Park (2841 Virginia Beach
Boulevard, containing 38,492.6 square feet (LYNNHAVEN BOROUGH).
Recommendation: APPROVAL
h. Application of J. HARRY and KATHERYN H. MOTE for a Change of
Zoning District Classification from AG-2 Agricultural District
to B-2 Community Business District on property located 320 feet
more or less West of Prlncess Anne Road beginning at a point
1770 feet more or less South of Indian River Road, containing
6,534 square feet (PUNGO BOROUGH).
Recommendation: APPROVAL
1. Application of GOODMAN-SEGAR-HOGAN for a Conditional Use Permit
for an Open Space Promotion on the Northeast side of Indian
River Road, 1500 feet more or less Southeast of Elbow Road,
containing 167 acres (KEMPSVILLE BOROUGH).
Recommendation: APPROVAL
j Land Use Policy: Lake Smith Target Area, bounded on the North
by Northampton Boulevard and on the South, East and West by
undeveloped property belonging to the City of Norfolk, Lake
Smith and Lake Lawson, containing approximately 17 acres
(BAYSIDE BOROUGH)
Recommendation: APPROVAL
k. Application of JAMES A. TINKHAM, JR., for a modification to the
land use plan for the Green Run PD-H to allow gasoline pumps In
conjunction with a convenience store at the Southeast corner of
Tndependence Boulevard and Princess Anne Road, containing
43,298.64 square feet (KEMPSVILLE BOROUGH).
Recommendation: APPROVAL
1. Application of JOHN and MARY WILLIAMS for a Change of Zoning
District Classification from R-10 Residential District to A-12
Apartment DlstricT on-the No t@h side of Newtown Road, 120 feet
more or less East of Diamond Springs Road, containing 11.1260
acres (BAYSIDE BOROUGH).
Recommendation: APPROVAL
m. Application of STEVEN C. and SHARON L. DANIELS for a Change of
Zonlng District Classification from R-10 Residential District
to 0-1 Office District on the West side of Forest Street, 150
feet South of Princess Anne Road (508 Forest Street),
containing 9,375 square feet (KEMPSVILLE BOROUGH).
Recommendation: DENIAL
n. Application ot the CITY OF VIRGINIA BEACH, VIRGINIA for a
Change of Zoning District Classification from R-5D Residential
Duplex District to P-1 Preservation District @t the Southeast
corner of Winston Place and Loch Haven Crescent (Reserved 2.05
acres), containing 4.71 acres (BAYSIDE BOROUGH).
Recommendation: APPROVAL
o. Application of the City of Virginia Beach, Virginia, to AMEND
the Master Street and Highway Plan so as to provide greater
street wldths.
Recommendation: APPROVAL
p. Application of EDWARD and EDNA McPHERSON, 5349 Blackwater Loop
in accordance with Section 19-19 of the Code of the City of
Virginia Beach, for a free-standing moblie home in an
Agricultural District for a two-year period.
Deferred November 28, 1988
Recommendation: APPROVAL
H. RESOLUTIONS/ORDINANCES
1. CAPITAL IMPROVEMENT PROGRAM
OPTION A:
Ordinance upon FIRST READING to adopt the FY 1988-89/FY
1992-93 Capital Improvement Program and to appropriate
$310,368,574 for the FY 1988-89 Capital Budget subject to
funds being provided from various sources set forth herein.
Ordinance upon FIRST READING to amend and reordain the Code
of the City of Virginia Beach, Virginia, Increasing the tax
levy on Restaurant Meals from 4.0 to 4.5 percent,
effective January 1, 1989.
Ordlnance upon FIRST READING to amend and reordain the Code
of the City of Virginia Beach, Virginia, increasing the tax
levy on Hotel/Motel Lodging from 4.0 to 4.5 percent,
effective January 1, 1989.
Ordinance upon FIRST READING authorizing the issuance of
general obligation bonds in the maximum amount of
$26,300,000 for various public facilities and general
improvements.
Ordinance upon FIRST READING authorizing the issuance of
water and sewer system revenue bonds in the maximum amount
of $17,800,000.
Ordinance upon FIRST READING authorizing the issuance of
general obligation bonds in the maximum amount of
$8,000,000 for road, highway and bridge purposes.
Resolution In connection with the authorization of the
Issuance of general obligation bonds In the maximum amount
of $8,000,000 for road, highway and bridge purposes.
OPTION B:
Ordinance upon FIRST READING to adopt the FY 1988-89/FY
1992-93 Capital Improvement Program and to appropriate
$310,368,574 for the FY 1988-89 Capital Budget subject to
funds being provided from various sources set forth herein.
Ordinance upon FIRST READING to amend and reordain the Code
of the City of Virginia Beach, Virginia, increasing the tax
levy on Restaurant Meals from 4.0 to 4.5 percent, effective
January 1, 1989.
Ordinance upon FIRST READING to amend and reordain the Code
of the City of Virginia Beach, Virginia, increasing the tax
levy on Hotel/Motel Lodging from 4.0 to 4.5 percent,
effective January 1, 1989.
Ordinance upon FIRST READING authorizing the issuance of
general obligation bonds in the maximum amount of
$26,300,000 for various public facilities and general
improvements.
Ordinance upon FIRST READING authorizing the issuance of
water and sewer system revenue bonds in the maximum amount
of $17,800,000.
Ordinance upon FIRST READING establishing the tax levy on
real estate at 92.2 cents, effective July 1, 1989.
Ordinance upon FIRST READING authorizing the issuance of
general ob I I gat I on bonds i n the maximum amount of
$8,000,000 for road, highway and bridge purposes.
Resolution in connection with the authorization of the
issuance of general obligation bonds in the maximum amount
of $8,000,000 for road, highway and bridge purposes.
OPTION C:
Ordinance upon FIRST READING to adopt the FY 1988-89/FY
1992-93 Capital Improvement Program and to appropriate
$318,368,574 for the FY 1988-89 Capital Budget, subject to
funds being provided from various sources set forth herein.
Ordinance upon FIRST READING to amend and reordain the Code
of the City of Virginia Beach, Virginia, increasing the tax
levy on Restaurant Meals from 4.0 to 4.5 percent,
effective January 1, 1989.
Ordinance upon FIRST READING to amend and reordain the Code
of the City of Virginia Beach, Virginia, Increasing the tax
levy on Hotel/Motel Lodging from 4.0 to 4.5 percent,
effectlve January 1, 1989.
Ordinance upon FIRST READING authorizing the issuance of
general obligation bonds In the maximum amount of
$26,300,000 for various public facilities and general
improvements.
Ordinance upon FIRST READING authorizing the issuance of
water and sewer system revenue bonds in the maximum amount
of $17,800,000.
Ordinance upon FIRST READING authorizing the issuance of
general obligation bonds In the maximum amount ot
$8,000,000 for road, highway, and bridge purposes.
Ordinance upon FIRST READING establishing the tax levy on
real estate at 93.6 cents, effective July 1, 1989.
OPTION D:
Ordinance upon FIRST READING to adopt the FY 1988-89/FY
1992-93 Capital Improvement Program and to appropriate
$318,368,574 for the FY 1988-89 Capital Budget, subject to
funds being provided frorn various sources set forth herein.
Ordinance upon FIRST READING to amend and reordain the Code
of the City of Virginia Beach, Virginia, Increasing the tax
levy on Restaurant Meals f rorn 4.0 to 4.5 percent,
effective January 1, 1989.
Ordinance upon FIRST READING to amend and reordain the Code
of the City of Virginia Beach, Virginia, increasing the tax
levy on Hotel/Motel Lodging from 4.0 to 4.5 percent,
effective January 1, 1989.
Ordinance upon FIRST READING authorizing the Issuance of
general obligation bonds in the maximum amount of
$26,300,000 for various public facilities and general
improvements.
Ordinance upon FIRST READING authorizing the issuance of
water and sewer system revenue bonds in the maximum amount
of $17,800,000.
Ordinance upon FIRST READING authorizing the issuance of
general ob I i gat I on bonds I n the maximum amount of
$8,000,000 for road, highway, and bridge purposes.
Ordinance upon FIRST READING establishing the tax levy on
real estate at 94.3 cents, eftective July 1, 1989.
2. Resolution endorslng the CITY OF VIRGINIA BEACH 1989 LEGISLATIVE
PROPOSALS and directing the City Manager to forward a copy of this
resolution with the proposals to each member of the General
Assembly representing the City of Virginia Beach, Virginia.
3. Resolution requesting the General Assembly to approve an amendment
to the Enabling Legislation of the City of Virginia Beach
Development Authority.
4. Resolution requesting the State and Federal Governments to enact
stronger ocean dumping regulations.
5. Resolution requesting the General Assembly to adopt legislation
creating the Virginia Beverage Container Recycling Act.
6. Ordinance upon SECOND READING to APPROPRIATE $75,000 to the
Department of Mental Health/Mental Retardation and Substance Abuse
for short term local fnpattent psychiatric care.
7. Ordinance upon FIRST READING to APPROPRIATE $68,994 and TRANSFER
$130,241 within the Sheriff's Department operating budget for a
food services contract.
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 appointing viewers In the petition ot W & K Associates
for the closure of a portion of Whitehurst Landing Road.
J. APPOINTMENTS
1. BOARD OF BUILDING CODE APPEALS
2. COMMUNITY SERVICES BOARD
3. FRANCIS LAND HOUSE BOARD OF GOVERNORS
4. PUBLIC LIBRARY BOARD
5. RESORT AREA ADVISORY COMMISSION
6. SCHOOL BOARD
7. VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION
M I N U T E S
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
December 12, 1988
The VIRCINIA BEACH CITY COUNCIL was called to order by Mayor Meyera E.
Oberndorf in the Council Chambers, City Hall Building, on Monday, Deceriber 12,
1988, at 2:00 P.Y@.
Council Members Present:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentiess, Harold Heischober, Barbara M. Henley, Reba
S. McClanan, John D. Moss, Mayor ileyera E.
Oberndorf, Nancy K. Parker, John L. Perry and William
D. Sessoms, Jr.
Council Members Absent:
None
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C 0 N C E R N S 0 F T H E M A Y 0 R
Item # 30467
Mayor Oberndorf ref erenced the app I i cat 1 on of EDWARD and EDNA McPHERSON, 5349
Blackwater Loop, in accordance with Section 19-19 of the Code of the City of
Virginia Beach, for a free-standing mobile horne in an Agricultural District for
a two-year period. (See Item IV-G.l.p. of the PLANNING AGENDA.)
Mayor Oberndorf requested this item be brought forward on the AGE[IDA.
ITEM # 30468
Mayor Oberndorf also referenced an Ordinance appointing viewers in the petition
of W & K Associates for the closure of a portion of Whitehurst Landing Road.
and a letter from the Attorney, Jeffrey B. Hammaker. (See Item 1.1 under the
CONSENT AGENDA)
Mayor Oberndorf requested this item be moved forward and heard after the
aforementioned item.
ITEM # 30469
Mayor Oberndorf and Councilman Balko attended the 65th Annual Congress of
Cities and Exposition tor the National League of Cities held December 3-7, 1988
in Boston, Massachusetts.
Mayor Oberndorf conducted a Panel concerning "What Happens if your City is
designated a Superfund site and the City becomes a partner in this problem?" It
was assumed the companies who produced the hazardous waste or disposed of it
incorrectly would be financially liable; however the City can be sued along
with the industry. The City of Denver, Colorado, was informed by the
Agricultural Deparment the sludge from their sewerage treatment was safe. This
sludge was spread on farms to be utilized as a nutrient for the soils. When
this was no longer utilized in this particular manner, it was disposed in the
landfill area. A truck had previously disposed of hazardous waste in this
landfill. The City is liable for landfill errors.
Mayor Oberndorf advised the Prudential Life Insurance Company sponsored the
Boston Pops Orchestrals performance fo the Christmas tree lighting ceremony.
Mayor Oberndorf participated in a special dinner at the Kennedy Museum for
sleected federal, state and local officials.
ITEM # 30470
Mayor Oberndorf referenced Councilman Heischober's letter requesting
appointment of a VETERANS COMMITTEE to co-ordinate with the Veteran's Memorial
and the City. Mayor Oberndorf advised there will be a representative from all
of the Armed Forces and the Coast Guard.
ITEM # 30471
Mayor Oberndorf advised Council Members Henley and Heischober will comprise a
SUBCOMMITTEE to review City Council Appointees. A Final Evaluation will be in
January or February.
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C I T Y C 0 U N C I L C 0 N C E R N S
ITEM # 30472
Counci I man Moss adv !sed of a te I eph one call from Al ice Green of New] ight. The
property was zoned for duplex. Two sizeable single family homes have been moved
in by a tral ler on this lot. Instead of placing them side-by-side, they have
been placed front to back.
Mayor Oberndorf advised of complaints to Councilman Perry and herself. The City
Manager has investigated same. Variances have not been granted, but none were
apparently required. The City Manager advised photographs were available of
this particular site . No determination can be made at the present time of any
activity occurring that is illegal or would require variances.
Councilman Perry expressed concern relative the "foot print" of the land. The
two aforementioned houses would require approximately 60% of the land. The City
Manager will advise relative calculation of the figures and the "foot print".
ITEM # 30473
Councilman Baum requested the City Attorney investigate land owners rights and
the Army Corps of Engineer's jurisdiction based on ceasing an operation of a
developer on Elbow Road in Chesapeake. Under what circumstances is the Corps
allowed to enter an individualls property and cease their normal operations?
Councilman Baum advised of the difficulty receiving publicity concerning
Transfer of Development Rights and the Non-Tidal Wetlands Bill. Councilman Baum
wished the Corps to explain how they receive their right to infringe upon the
normal operations of farmers.
ITEM # 30474
Councilwoman Henley again referenced the intersection of Holland and Princess
Anne Roads. Councilwoman Henley advised on Friday at 7:00 A.M., December 9,
1988, she attempted to come down Seaboard and make a left on Princess Anne.
It was virtually impossibl,,. Councilwoman Henley turned right and went up
London Bridge Road. C. Oral Lambert, Director of Public Works, advised the
traffic Light at Seaboard and Princess Anne is under design and construction is
anticipated early Spring 1989.
Councilwoman Henley further advised Princess Anne Junior and Kellam High School
utilize the same buses for the Junior High and High School. Between 7:00, 7:45
A.M, 2:00 P.M. and 2:30 P.M., Councilwornan Henley did not know how these buses
managed this left turn. Councilwoman Henley requested a Traffic Patrol Office
be stationed at this intersection at these particular times.
ITEM # 30475
In connection with the National League of Cities and recycling, Councilman
Balko advised of his trip to Cranston, Rhode Island. Rhode Island has a State
Mandate: "Thy shall recycle." One central landfill, a 650 acre tract, exists
for the whole state. The State is working on 150 acres at the present time.
There will be two smaller landfills to be phased out. Nine cities have come on
line to recycle paper, glass and plastic. The paper will be bundled and
exported to different countries in the world and also back to Canada who then
will buy it back from them. The glass and plastics will be separated
automatically by color. This landfill does not have a plastic liner as the City
of Virginia Beach's landfill. In many respects Virignia Beach is ahead. The
Cities does not have municipal service, all is under contract. The individual
has three garbage cans-. one for regular garbage, two additional hampers - one
for paper, one for glass and plastic. If the individual fails to participate
after the second warning, they are fined $200.00. The tipping fee with
recycling is $45.00 per ton. Without recycling, the tipping fee is $49.00 per
ton.
- 4 -
C I T Y C 0 U N C I L C 0 N C E R N S
ITEM # 30475 (Continued)
Councilman Sessoms advised recycling in Williamsburg is resulting in vast
savings as well as incone.
ITEM # 30476
With relation to the Capital Improvement Program, Councilman Balko referenced
the report of the LYNNHAVEN BOAT RAMP COMM]ITTEE recommending a boat launching
facility be constructed on the Lynnhaven Spoil Site adjacent to the Lesner
Bridge.
The possibility of additional appropriation will be discussed after the first
of the year.
ITEM # 30477
Councilman Perry believed there should be a "clearing house" of the small
projects every 90 days. Councilman Perry requested a traffic signal at Burton
Station Road on Northaripton Boulevard should be installed. A progress report
shall be scheduled for the next meeting.
- 5 -
LEGISLATIVE PACKAGE
ITEM # 30478
The City Manager distributed the 1989 LEGISLATIVE PACKAGE. The only changes
to the package are the addition of Item 11, the Educational Appropriation
Criteria; an amendment to the verbiage in Item 16, Merchants Capital Tax; and
Item 17, Non-Tidal Wetlands.
Councilman Baum advised the Non-Tidal Wetlands Blil and the Transfer of
Development Rights are closely related.
Councilman Moss referenced Commission on Transportation In the 21st Century.
Th 1 s 1 s a two percent sa I es tax per ga I I on on gaso I 1 ne, not a two cents per
gallon tax.
Mayor Oberndorf advised of a Meeting with the State Legislators on Saturday,
December 10, 1988. An excellent position paper was compiled by Robert Matthias,
Intergovernmental Relations Coordinator
Robert Matthias advised the two percent per gallon tax in Virginia Beach would
produce approximately $3-MILLION per year. This tax would only be levied if
adopted by the four major cities within the region. In response to Councilman
Sessoms, Councilwoman Henley advised the Tidewater Transportation District
Commission has considered this as being the best opportunity for new dollars
for the light rail. These funds would also be available for each City to pay
the subsidy now paid for mass transit as well as road building as well as
maintenance to roads. The language may be amended to state the funds are
returned to the jurisdiction
The City Manager advised the funds would come back to the local government
based on the amount collected. Each Council would determine the type of
transportation purposes for which these funds would be allocated.
Robert Matthias advised the only change since the PUBLIC COMMENT at the City
Council Meeting of November 28, 1988, has been the Section related to Non-Tidal
Wetlands.
- 6 -
ITEM # 30479
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, December 12, 1988, at 12:50 P.M.
Council Members Present:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Farold 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
- 7 -
TTEM # 30480
Mayor l@leyera 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, assigniiient,
appointr@ient, promotion, performance, demotion, salaries, disciplining or
resignation of public officers, appointees or employees.
2. PUBLICLY HELD PROPERTY: Discussion or consideration of the condition,
acquisition or use of real property for public purpose, or of 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 MATTERS: Consultation with legal counsel or briefings by staff
members, consultants or attorneys, pertaining to actual or potential
litigation, or other legal matters within the jurisdiction of the public
body pursuant to Section 2.1-344 (a) (6).
Upon motion by Councilman Sessoms, seconded by Councilman Heischober,
City Council voted to proceed into EXECUTIVE SESSION.
Voting: 11-0
Council 14embers Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara @l. Henley, Reba
S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf,
lqancy K. Parker, John L. Perry and William D.
Sessoms, Jr,,
Council Members Voting Nay:
None
Council iliembers Absent:
None
- 8 -
F 0 R M A L S E S S I 0 N
VIRGINIA BEACH CITY COUNCIL
December 12, 1988
2:00 P.M.
Mayor Meyera E. Oberndorf cal led to order the FORt4AL SESSION of the VIRGINIA
BEACH CITY COUNCIL in the Counci I Chambers, City Hal I Bui Iding, on Monday,
December 12, 1988, 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. McCianan, John D. Moss, Mayor Meyera E. Oberndorf,
Nancy K. Parker, John L. Perry and William D.
Sessoms, Jr.
Council Members Absent:
None
INVOCATION: Reverend Thomas Caroluzza
Holy Spirit Catholic Church
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
9
Item III-D.1
MINUTES ITEM 30481
Upon motion by Councilwoman Parker, seconded by Vice Mayor Fentress, City
Council APPROVED the MINUTES of the INFORMAL & FORMAL SESSIONS of December 5,
1988:
Voting: 8-0
Council Members Voting Aye:
John A. Baum, Vice Mayor Robert E. Fentress, Harold
Heischober, Barbara M. Henley, Reba S. McClanan,
Nancy K. Parker, John L. Perry and William D.
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Abstaining:
Albert W. Balko, John D. Moss and lqayor Meyera E.
Oberndorf
Council Members Absent:
None
*Mayor Oberndorf and Councilman Balko ABSTAINED as they were absent at the
Meeting of December 5, 1988, being in attendance at the NATIONAL LEAGUE OF
CITIES.
Councilman Moss ABSTAINED as he was absent at the Meeting of December 5, 1988,
being on tour of duty with the Navy.
- 10 -
Item III-E.I.
CEREMONIAL PRESENTATIONS ITEM # 30482
Mayor Oberndorf presented RESOLUTIONS to:
VIRGINIA BEACH CITY @LOYEE HALL OF FAME
Howard V. Lee
General Services
Malissia L. Lee
Housing and Community Development
William E. Roberson
Public Utilities
These individuals have been selected for their outstanding efforts on behalf of
the City of Virginia Beach.
WHEREAS, the City o6 Vitginia Beach h@ many emptoyee,6
who have gone beyond th@ job de6CAiptiou and btought innovative
ide@ to th@ pozitionz that have imptoved wotk and seAvice6; and
WHEREAS, many emptoyee,5 have made othea co@but.Zon,6 in
theiA own wayz; and
WHEREAS, the City o6 Vijtginia Beach woutd tike to tecognize
the,6e empf-oyees and pay ttibute to them annuatty by inducting seveaat
who exempti6y the out6tanding City empy-oyee into the CITY EMPLOYEE HALL
OF FAME; and
WHEREAS, these emptoyee,6 have been nominated and-6etected by
th@ 6eUow City emptoyee,5; and
WHEREAS, HOWARD V. LEE, o@ the Vep@ent o@ GeneAa @vice,6,
h" been setected to be inducted into the 1988 CITY EMPLOYEE HALL OF
FAME 6ot hi,6 out6tanding e66o@ on behat6 o@ the City o6 ViAgi@a Beach
and the Dep@ent o6 GeneAat @vica;
NOW, THEREFORE, THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA, heaeby exptes,6e6 @ appteciation to HOWARV V. LEE 6ot his
out6tan@ng cont4ibutions a6 an emptoyee o6 the City o6 V@ginia Beach
and extenct6 @ congtatufatio@u ofi b@ng 5efected to be inducted
into the VIRGINIA BEACH CITY EMPLOYEE IIALL OF FAME.
On behat6 o6 the ViAginia Beach
City Councd, given undea my
hand and zeat thi6 12th day o6
0. DecembeA, 1988
WHEREAS, the City o6 ViAginia Beach h@ many emptoye"
who have gone beyond thei-t job de6cAiptioni, and btougkt innovative
ideo-6 to theit po-6ition.6 that have imptoved wo)Lk and seAvice6; and
WHEREAS, many emptoyee,6 have made othea contAibution6 in
thei)L own wayz; and
WHEREAS, the City o6 ViAginia Beach woued P-ike to tecognize
th(ne emptoyeu and pay tLibute to them annuauy by inducting seveaat
who exempti6y the o@tanding City emptoyee into the CITY EMPLOYEE HALL
OF FAME; and
WHEREAS, tha e emptoyeu have been norninated and zetected by
theiA 6ettow City emptoyeea; and
WHEREAS, MALISSIA L. LEE, o6 the Vep@ent o.6 Housing and
Corhmunity Vevetopment, h" been seP-ected to be inducted into the
1988 CITY EMPLOYEE HALL OF FAME 6ot heA o@tanding e66o@ on behat6
o4 the City o6 V@ginia Beach and the Dep@ent o6 Hou6ing and
Community Vevetopment;
NOW, THEREFORE, THE COUNCIL OF THE CITV OF VIRGINIA 8EACH,
VIRGINIA, heaeby exp4ez4ez it6 appkeciation to MALISSIA L. LEE 6oA heA
out6tanding contxibutionz o-6 an emptoyee o6 the C-ity o6 Vi)tgi@a Beach
and exten@ it6 congtatut@on,5 on heA being setected to be inducted
into the VIRGINIA BEACH CITY EMPLOYEE HALL OF FAME.
On beha6 o6 the V4Aginia Beach
City Councit, given undea my
hand and seat thi6 12th day o6
Decembe,,L, 1988
4b,
#ttsolttttlitt
WHEREAS, the City o6 Vi4ginia Beach h" many emptoyee,6
who have gone beyond theia job descAiption,6 and btought innovative
ide" to theia position4 that have imptoved woilk and zeAvice,6; and
WHEREAS, many empeoyee6 have made othea co@butions in
theiA own way4; and
WHEREAS, the City o6 Vitginia Beach woutd Y-ike to kecognize
the,6e emptoyee,6 and pay taibute to them annuauy by inducting sev@
who exempti6y the out,6tanding City emptoyee into the CITY EMPLOVEE HALL
OF FAME; and
WHEREAS, these emptoyee,6 have been nominated and zefected by
theiA 6alow City emptoyees; and
WHEREAS, WILLIAM E. ROBERSON, o6 the Vep@ent o6 PubUc U e,6,
,ha6 been 6etected to be inducted into the 1988 CITY EMPLOYEE HALL OF FAME
6o,t @ outstanding e6jokU on behat6 o6 the City o6 VLVinia Beach and
the Depat&ent o6 Pubtic U U;
NOW, THEREFORE, THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA, heaeby exptn6a it6 appileciation to WILLIAM E. ROBERSON 6o& @
outztanding contaib@ons os an empEoyee o6 the City o6 V@ginia Beach
and exten@ it6 cong)Latutatio" on hi,6 being setected to be inducted
into the VIRGINIA BEACH CITY EMPLOYEE HALL OF FAME.
On behat6 o6 the ViAgi@a Beach
City Councit, given undea my
hand and-6eat this 12th day o6
Decembe)L, 1988
Item III-F.l.a/b/c/d.
PUBLIC HEARING ITEM # 30483
Mayor Oberndorf DECLARED A PUBLIC HEARING:
CITY CHARTER AMENDMENTS
Amortization of Billboards and Non-Conforming Signs
Amend Section 2.02
Add Subsection (f)
Fire Safety Regulations, Prevention and Protection
Amend Section 2.02 "Additional Powers"
Resort Area Special Tax District
One-Half Percent Sales Tax with "Sunset Clause"
Transfer of Development Rights
Authority to adopt zoning regulations from one parcel to another
The following spoke relative the CITY CHARTER AMENDMENTS:
Jimmy Capps, President - Virginia Beach hotel/Motel Association, representing
106 Member properties. 'I'here are 8,212 rooms in the Association, spoke
relative Fire Safety Regulations, Prevention and Protection.
Sheila Garrison, 2117 Smith Avenue, Chesapeake, Phone: 420-2434, represented
l'idewater Builders, and spoke in opposition to Transfer of Development Rights.
Georgette Constant Davis, 110 82nd Street, Phone: 422-2948, spoke in favor of
Transfer of Development Rights.
William J. Holloran, Jr., 4512 Virginia Beach Boulevard, Executive Director of
the Hampton Roads Ghamber ot Commerce/Virginia Beach, spoke in Opposition to
Amortization of Billboards and Non-Conforming Signs, Fire Safety Regulations,
Prevention and Protection as presented in Legislative Package and Transfer of
Development Rights. William Holloran spoke in favor of Resort Area Special Tax
District.
Ronald C. Ripley, 222 Mustang Trail, Phone: 340-9700, represented the Tidewater
Board ot Reaitors, spoke in Upposition to Transfer of Development Rights.
Richard E. Ghumney, resident of Kempsville Greens, spoke in favor of Transfer
of Development Rights. Richard Uhumeny advised of his 22-year residence in New
Jersey dealing with most ditticult land use problems.
Lou Face, 1908 hunts Neck 'I'rail, Phone: 468-0925, represented himseit and spoke
in opposition to Resort Area Special @rax District and Transfer of Development
Rights.
R. H. LeSesne, 5325 Thornburg Lane, Phone: 497-8008, spoke in favor of Fire
Satety Regulations Prevention and Protection and Transfer of Development
Rights.
Gene Daniels, President of Virginia Beach Farm Bureau, spoke in favor of
pursuing the option ot 1'ransfer of Development Rights.
'I'here being no turther speakers, Mayor Oberndorf CLOSED the PUBLIC HEARING.
THE VIRGINIAN-PILOT' FRIDAY,,,--DECEMBER 2,1988
PU13LfC OTAR 0
PROPOSED AMENDMENT
TO THE
CHAPTER OF THE CITY
OF VIRGINIA BEACH
Take notice, that pursuanl lo ltic
c;liarler of tlie Clty of Virglilla
Beach and Sectlon 15.1-B35 of Ilic
Code of Virginla, as at-nended, tlic
Virglnlci.Boucli City Council wlil
cc)nduct a ptiblic heariiig on De-
celnbr,,r 12, 1988, of 2:00 p.in., In
1116 Vlrgltifa 13cacli Clty Couiicil
Cliumbers, City Hall Buildiiig,
mOnicipal Cenier, viruinia
Beacli, Virginicl, concerning a
proposed amendnient to tlic City
Churfer.
rlic proposer] cliticiidnic?iil, If
ridopled, would provi(le llic City
of Virqlnla Dcacli will) tlic ou-
ih6rily ti) make recisoiiable Pt-ovi-
slon for tlic amortizallon of bil@
@oards
ailu ifiuru pur irCUT(-ji ly, to requti c
billbocirds atid tlc)tlcorifortilltlg
sigris to be removed or caused to
cotiform witil appilcuble zoiiliig
regtilallons wittiln a specified Pe-
riod of lirne.
A topy of llic proposed amend-
nient le on file In the Office of
Itic, City Manager, Cily liall
Bulldlng, Munlclpcll Ceiiier, Vir-
gl"la Beach, Virgirila, and iiiay
be exatnlncd or coplod during
normal business liours.
Pe.rsons wislilng lo express fileir
views concernlng ihe proposed
Gliarter aniondi-noill niay api)ear
at flie time and place oforesuld
tablislied for tlic Pubilc liear-
Pcs g. Foflowlnq itic coiicitision of
i@o Public fieuring, ilic Cily Covn-
ell. mcjy adopt (i resolullori I-e-
questing ltie Virgiiiia Asseiiibly to
amend llic Cily Cliarier by cidd-
lnq lhe propc)sed (iiiieiidtiiciif.
Riiih tiociges Smilli, CMC/AAE
City Clerk
THE VIRGINIAN-PILOT FRIDAY, DECEME3ER 2, igBB
PUBLIC HEARINC,
PROPOSED AMENDMENT
TO T@IE
CtIAPTr::R OF -THE CITY
or VIRGINIA BEACII
Take I'Dil '.r, flial I)ur@ticitit lo llic
Cliarter tt lli(, City of Vituitila
Beacli uti I Sccllol 15.1-035 of llle
Co (" of V roliiia, (
Virginia 30cicli C
conduct c pol).Iic
r-ernber 12, 1980, 1
tile Virginia Beci I
Chcinibers, CitY
municipal Ceil
seacli, virgitila, c
prol)osed amendiiieiil 10 file CitY
Cliarter. niendnicnl, 11
Tli
ad ovlctc ltie Cllv
of Iiii tlic oullior-
lly I provi(to IliL,
ci Iacii witti tlie
au fire safety rcg-
ulatlolls_niare roilTitilv(,' oi@lliare
"'07M. illcill oll)crwlsc provld-
c,d b Sucli reuvlcilloiis WOLIld
Cipl)ly only tO I)OICIS, niotels,
boclrrjlng liouses atld siiiillur
builditigs arrangeci for sticllcr
and SICOPIIIU accoiiiiiiodollolls
ad In wliich itic occupollis 010
p to mvltl-
oi-C II)CIII
liig (lor-
n dirigs ar-
r slvc!plflg
a In vililcli tlic oc-
c ilicrily nol ticiti-
s Tliu, proposed
Cill wou d ftirtlicr ciullio-
rl7 of Nlrfiliiici 13cocli to
pri iictitillies (ilid
rei Ilid criiiillicil, for
Iliv vialultoli Urli regillollotis.
Iii ciddilloii, 1)rot)osed atilciid-
meni would oulliorize ille cily of
vit,.qitllct Becicli to roquire liolois
ciiid motels Prcviot)sly cotisiluct-
ed or r_oiiverlcd to i)tov!dL, atito-
nlclllc sl)rlrikicr I)roiccflati witliln
no lc.,;s tilat, 1011 Yc(lts ficiii tlic
effective dall, of sucli aiiieiid-
"lelit.
A cot)y, of llle pi-ot)oseci iiiiiciid-
nietit Is on file, Iii 111L, 0111CL, Of
ille Cily Mcill(190r, city ticill
Bulldltiq, Muiilcii)ol cotiter, Vir-
911110 DC(icti, Vllgiiiia, alid filay
be exoiiiiiicd or coi)ied duriiig
norillul I)Uslllvss liouts.
persotis wlsliliiq to Pxi)rcss tliclr
Views coticef-iiilig llle t)tol)oscd
cliarier citlilndtlielit iii(ly cll)l)cor
Cit llic liiiii, aid I)ICICC ofoi csald
slai)llsllcd fo - file I)ut)llc lic(ir-
lng, Followitl!, tlic cullcltfsic)ll Of
tlic public liecirilig, llic CIIY COUII-
cil inay (idoi)l ci rcst)luiloil re-
questiliq 1111, virgiiilci GetiCt(ll As-
sciiibly lo allicild llic Clty Cliul tor
by (idditiq ilic I)ioi)osed
THE VIRGINIAN-PILOT FRIDAY, DECEMBER 2,1988
PUBLIC IIE-ARlt4G
PROPOSEf) ANIENDMENT
10 TTIF
CHAPTER OF IHE CITY
OF VIRG1141A BEACtl
Toke nolic(,, fli(it tiur@untit 10 tlic
Clicirf(,.r of tlic, Cily of Vligiiiiu
Beacli (iiicf Section 15.1-035 of flic
co(le of VII stliilcf, as C)IIILII(fed, llir,.
Vlrgltilu Dcucli Clty Couiicli will
coiicluct (i i)tlbllc liraiiii!i oii Dp-
c.ciilbcr 12, 1980, cit 2:00 Iii
tlie Virgliilo Rc(icli Clty Couiicil
C.liaiiil)crs, Clty 11(ill 13L,Ildlti
Millilclp(ll C(.,Illr,.r, VII lillir@
BerAcii, Viruitila, coticertiliiu a
prf)i)osed aiiioiidiiiciil to tlic Clty
Cliarter.
Tlie proposed aiiietidiiient, If
a(loiiied, would providf, flil Cily
Of Vlrqillia Becicli witli Ill(,. ou-
fliorily lo al gales
lux of olic
tUiUll IIILII@lluiiulbu Yviiii I e-
lirl irt-
Lil UU
t-utitis q
. pi t ri x
-stiall be used oiily foi- resot I Cit-ca
ltiillrovefiieiits, ciiiii II)c tcix sliall
be repealed cit sucli titiic as Iiii-
provotiieiits are coiiit)lol@d,
A copy of tlic i)inL)o@eci atlictid-
niont lc; oti flic! Iii tlil, Office of
llie city Maticiget., Clly @1(ill
Bulldinq, Munirli)ul Cotitcr, Vir-
gitila [3ecicli, Virgiillci, atid t)ioy
be exuriilti@d or coi)fcd durlil,(l
tior"iol hu,;Itiess licurs.
Persoiis wfslifiiq to r.,xi)rcss lficit-
views coilceiiiijig tlic I)t-ol)osed
cliarIL,r aiiieiidiiiviii iiiay ctt)i)car
of tlie tltiie atid Picice ufoiescjid
rstal)lfsltcd for lfir- i)ublic lic(ir-
itig. rollowiiiq itic raiicitisioii of
tlic pvl)llc liearliig, tlic Cily Couii-
cil iii0y cidol)i a rcsolut;oll re-
qVeSiltlq ille Virgitila GCIIctoi A.,.
scnibly lo anictid Ilic City Cliarlcr
by addiiig ItiL, proi)osed aiiieticl-
nienf.
THE VIRGINIAN-PILOT' FRIDAY, DECEMBER 2,1988
ui3Lic iAr::ARlt4c;
PROPOSED AMENDMENT
TO IIIF
ItHAPTF-=R OF THE CITY
.' QF VIRGINIA BEACH
Take nollce, fliat pursuanl to tlil,
Ctmrfer of llie City of Virgitila
13c,ach atid Section 15.1-835 of tlie
C6dL, of Virginict, as atiilnded, flie
Virginici Beacti Cily Couticil will
cotiduct a Ptiblic li(,,aritiq oti De-
ceniber 12, 1989, at 2:00 p.ni., Iii
ilid Virgitila Beacb r_lly Coulicli
Clibrtibers, City Vicill F3vildiiiii,
Mulilcipal Ccriter, Virginia
Beacti, Virgiiiia, coiiceriiiiig a
proposed aniciidiiiliif to ItiL, Cily
Charter. Ati liiforniatlvc! suiiiiiiii-
ry.of lli(, propo.-;ccl
wtilcli Is fli(- stiblecl of Ilic t)utillc
licoring, Is set Iorili below:
A request io atiiend tlic Clici Icr
of llle City of Vlrgltila Dracli by
adding ci sectloti Providitig tlie
City of Virgitila Beacli willi tlie
culliorlty to aclopt zollfllg reglila-
lions wlilch will t)i,ovide for Ilic
r of dLVLIOPtTicill riglits
vilu Piti[)Ully To aiioi@.
Sull) aliictidilictif, If ciiacIC(l,
w@ld pormll tlic Clly of Vlipltlla
BMcli lo cidopi, as part of file
City's zoning ordinaiice, regulci-
fic)ns flial providr., for: (1) Ilic
transfer of developtiieni riglifs
Perrnllfed on one Parcel of f(iiid to
an@lh(,r Parcel of Intidi (11) re-
strilcling or prolilbilitig ftirtlier
d(!Velopmciil of llic Parcel frotii
wlfich such rlqlils are lralls-
ferred; arid (111) Iticreasliig tlic
density or lnfensity of (I(.,vclop-
rnetit on tlie parcel to wllicll sucli
riglifs are ircinsforrcd.
A copy of lhe proposcd anictid-
rnent Is on flic? In fIlL, Office of
tli@ Clty Monoget-, Clty tioll
BUildinq, Municipal Ceriter, Vir-
91nia Beacti, Virgitilo, and rnciy
belroviewed or copied during nor-
rntil busiiiess liours,
Poi-sons wislilng io txpress flivir
vlQws on ilie Proposed cliorter
ar,Qcndiiit,nl iiioy appecir at tlic
Ilt ccl c tril
,xlc citid Picice cifor . ii es I -
llilipd for tlic Pubilc li(,,Clrlilg. Fol-
IC41tig ific coticluslori of tlic pub.
lit'hecirlng, ttie Cily Councll iiioy
oftpl a resolullon requcsfiiig tlic
Virgitifu Gerieral Assenibly to
ar'nend tlie Cily Clicirter by add-
ltig tlie proposed aiiieridiiietil.
- 12 -
item Iii-k'.2.a/b/c.
PUBLIC REARING I'I'EM # 30484
Mayor Oberndorf DECLARED A PUBLIC HEARING:
AUT'HORIZATIONS FOR LSSUANCE OF BONDS:
General Obligation Bonds of the City of Virginia
beach, in the Maximum Amount of $8,000,000 for
Road, Highway, and Bridge Purposes.
General Obligation Bonds of the City of Virginia
Beach, in the Maximum Amount of $26,300,000 for
Various Public k'acilities and General Improvements.
Water and Sewer System Revenue Bonds of the City of
Virginia beacti, in the Maximum Amount of
$17,800,000.
R. H. LeSesne, 5325 Thornburg Lane, Phone: 497-8008, spoke in OPPOSITION to
General Obligation Bonds of the City of Virginia Beach, in the Maximum Amount
of $8,000,000 for Road, Highway, and Bridge Purposes. Rae LeSesne opposed the
use ot this Bond Reterendum for the single purpose of roads only.
There being no further speakers, Mayor Oberndorf CLOSED the PUBLIC HEARING.
A4 I I IE VIH(iiNIAN PILOT MONDAY, DECE.Ml3ER 5. 1988 SM
PUBLIC
NOTICCO
on the 12th day of December. 1988, at 2;00 P.M. in Co@cil
Cbambers on thc mcond floor of the City Hall Buildiv& MmWipal
Ce-ter. Virginia Beach, Vircnia, the C@ @of *0 Cit7y of V@
Beach, Virginia, will hold a
entitied 'An Ordb"ce Aul
tion Bonds of the City of N
amount of-8,000,000 for Re
A c.py f the full t"t of thc ordim..e is an ok in tbe @ of the City
Man.g.r.
Ruth Hoclgcs Smith, C?4C
PUBLIC
NOTICE
On the 12th day of X)ecember. k988, at 2;00 p.m. in
CounCil Chum@re on the Door of the City Hall
Building, MUWCip&l Center. Virginia.@b, Vird-la. the
Council of the city of Vir9wa @Virginia. iM hold a
public hearlag an ol posed ce -endued 'cAn Or-
dinanc
Bonds
imum a Public
F4ciliti
A copy of the fuH text of the ordwo= is on Pla in tlie
office of the City M4tuagcr.
Ruth @as Smitki. CUC
IHE VIRGINIAN Pi[ OT MMDAY, I)EC;EMkieR 6. 1906 A
PUBLIC
NOTICE
0. tl'e 12th day o( @ember, 1988, at 2100 p.m. la Council
Ch.mbcra on the "coM flow of the City H&Uipuilding. Munkipal
Vi,gi,@l. Beach. th. C ... ii f the city of vir@
ia. will bold a public bearing on a
Autharixing tj3e lssuanc
Rev-nut Bonds o( ttW CICY af Virginia
lmu. An@ount of Al ?,ODO;
IODQ
A copy of the full text afthg GrOlvance is on ale i4 the OMCC of @ city
Manager.
RUth Hodgea Smith, CMC
13 -
item
PUBLIC IFEARING ITEM # 30485
Mayor Meyera E. Oberndorf DECLARED a PUBLIC HF-ARING on:
CAPITAL IMPROVEMENT PROJECTS
Amend and Reordain the Code of the City of Virginia
Beach increasing the tax levy on Restaurant Meals
and Hotel/Motel Lodging from 4.0 percent to 4.5
percent, ettective January 1, 1989.
Increase the tax levy on real estate from 91.5
cents to 92.2 cents, 93.6 cents, or 94.3 cents per
$100 assessed value, eftective July 1, 1989.
'I'he tollowing spoke relative CAPITAL IMPROVAENT PROJECTS:
Jimmy Capps, President ot the Hotel/Motel Association, spoke in favor ot the
increasing the tax levy on Restaurant Meals and Hotel/Motel Lodging.
Flo Haynie, 210 59th Street, Phone: 428-0971, represented Virginia Beach
Ecumenicai tiousing, and requested reconsideration ot the areas ot development
ot Mount 'I'rashmore ii.
Dan Diviney, IU48 Beivoir Lane, Phone: 424-3571, spoke in opposition to the
relocation ot the Centerville 'lurnpike.
Daie Doiiison, 5223 Stockton Drive, Phone: 467-8105, spoke in opposition to
Phase IV - indian River Road.
Eugene 'Faylor, 5077 Indian River Road, spoke in opposition to Phase iV -
Indian River Road.
L. R. Nightingale, 5069 East Indian River Road, spoke in opposition to Phase
iV - indian River Road
Lou Pace, 1908 Hunts Neck Court, Phone: 468-0925, spoke in opposition to tax
increases.
There being no further speakers, Mayor Oberndorf CLOSED the PUBLIC HEARING.
PUBLIC NOTICE.
For all interested citizens of the City of Virginia Beach, Virginia, a hearing on
the 1310,368,574 proposed Fiscal Year 1989 Capital Budget and the
sl,387,403,352 proposed Ten-Year Capital Improvement Program beginning
with FY 1988-89 will be held on December 12,1988 at 2:00 p.m. in the City
Council Chambers, 8econd floor of the City Hall Building, Municipal Center.
The summary of the proposed expenditures is as follows:
FY 1989 Ten-Year
Capital Capital
Budget Budget
Schools 112,566,425 294,969,700
Engineering and Highways 28,936,838 567,128,885
Buildings 44,290,311 84,528,461
Parks and Recreation 2,075,000 55,046,397
Water Utilities 209,202,500 306,534,820 tv
13,297.500 79,195,089 >
Sewer Utilities rn
Total 310,368,574 1,387,403,352 1 1
0
Proposed Tax Increases C)
rTi
C)
The City of Virginia Beach Beach proposes to increase by one-half percent the ryl
tax on Restaurant Meals from 4.0 percent to. 4.5 percent and the tax on 03
Hotel/Motel Lodging from 4.0 percent to 4.5 percent. If approved these tax m
rates shall become effective January 1, 1989 and shall remain in eff ect until
December 31, 1998 at which time it shall be reduced by one-half percent. This
amount is presently included in the proposed Capital Improvement Program 0.
C.
to be used exclusively for Resort Area Improvements.
In addition, in order to support debt service costs associated with ttle
18.0-Million Annual Charter Road Bond Authority and the Park Land
Acquisition and Improvement Project, the City proposes to iricrease, effective
July 1, 1989, the tax on real estate by 2.8 cents from 91 .5 cents to 94.3 cerits
per 11 00 assessed value. This amount is not presently included in the
Proposed Capital Improvement Program. If approved the rate increase will first
appear in the reat estate tax bills to be sent November, 1989. The additional
amount will increase the proposed Capital Budget by the following:
FY 1989 Ten-Year
Capital Capital
Budget Budget
Proposed Capital Budget 310,368,574 1.387,403,352
Engineering and Higliways 8,000,000 64,000,000
Parks and Recreation 0 10,710,008
Total 318,368,574
The Proposed Fiscal Year 1989 Capital Budget is included in the Proposed
Capital Improvement Program, and is available for exarniriation at ttie Central
Library and branch libraries during regularly scheduled hours of operation.
Copies are also available for examination at the Off ice of Budget and
Evaluation and at the City Clerk's Off ice in the City Hall Building, Municipal
Center, between the hours of 9:00 a.m. and 5:00 p.m., Monday through
Friday. Individuals desiring to provide oral or written comments may do so by
contacting the City Clerk's off ice at 427-4303 Or b@ registering in the City
Clerk's office on the second floor of the City Hall Building prior to the hearing.
Seni.or citizens are encouraged to attend and comment.
Ruth Hodges Smith, CMC, City Clerk
C NOTICE
For all interested citizens of the city of Virginia Beach, Virginia, a hearing on
the $310,368,574 p Fiscal Year 1989 capital Budget and the $1,387,403,352
p Ten-Year Capital ITrprovement beg with FY 1988-89 will be
held on 12, 1988 at 2:00 p.m. in the City @il , second floor
of the City Hall Building, Municipal Center. The of the proposed
expenditures is as follows:
FY 1989 @-Year
Capital Capital
Budcret Budget
Schools $ 12,566,425 $ 294,969,700
EM--@ and H-ighways 28,936,838 567,128,885
Buildir)gs 44,290,311 84,528,461
Parks and Re=-eation 2,075,000 55,046,397
water utilities 209,202,500 306,534,820
sewer utilities 13,297 5_00 79 195 089
Total $ $
Proposed Tax
The City of Virginia Beach pr-oposes to increase by one-half percent the tax on
Restaurant Meals from 4.0 percent to 4.5 percent and the tax on HOtel/Motel
Lodging frcm 4.0 perr-ent to 4.5 percent. If approved these tax rates shall
become effective January 1, 1989 and shall rerain in effect until 31,
iggs at which time it shall be reduced by one-half percent. This amount is
p ly lmluded - the p Capital ITup--t to be used
exclusively for Resort Area @rovements.
In addition, in order to support debt service costs as @ iated with the
$8.0-million Annual charter Road Bond Authority and the Park Land Acquisition and
Inprov@t Project, the City proposes to increase, effective July 1, 1989, the
tax on real estate by 2.8 cents from 91.5 cents to 94.3 cents per $100 assessed
value. Ihis amount is nat presently included in the Proposed Capital ITrprovement
Program. If approved the rate increase will first appear in the real estate tax
bills to be sent Nav , 1989. lbe additional amount will increase the
prcposed capital Budget by the following:
FY 1989 @-Year
Capital Capital
Budciet Budcret
Proposed Capital Budget $ 310,368,574 $ 1,387,403,352
Engineering and Higluays 8,000,000 64,000,000
Parks and Recreation 0 10 710 008
Total $ 318,368,574 $ 6
,Ihe Prcposed Fiscal Year 1989 Capital Budget is included in the Proposed Capital
inprovement Prcgram, and is available for examination at the Central Library and
branch libraries during regularly scheduled hours of operation. @ies are also
available for examination at the office of Budget and Evaluation and at the City
Clerk's office in the City Hall Building, Municipal Center, between the hours of
9:00 a.m. and 5:00 p.m., Monday Friday. Individuals desiring to provide
oral or written ts ray do so by contacting the City Clerk's office at
427-4303 or by registering in the city Clerk's office on the second floor of the
City Hall Building prior to the hearing. Senior citizens are encouraged to
attend and t.
H.dg. Si cMC, Ci@Clk
14 -
Item
PUBLIC H@IAG I'L-EM # 30486
Mayor Meyera E. Oberndorf DECLARED a PUBLIC HEARING on:
PLANNINU
1. PLANNING
(a) BLOSSOM HILL ASSOCIATES VARIANUES and
CONDITIONAL USE PERMI'I'
(b) CANONIE ATLANTTC COf4PANY VARIANCE
(c) BRUCE A. KIRBY VARIANCE
(d) GHTJRCH OP' ASCENSION - DIOCESE OF RICHMOND CONDITIONAL USE PERMIT
(e) JOHN C. ASPINWALL Ill CONI)ITIONAL USE PERMIT
(f) J V L ASSOCIA:RES CONDITIONAL USE PERMIT
(g) DENNIS P. MURTLAND CONDI'riONAL USE PERMIT
(h) J. HARRY AND KATHERYN H. MOTE CHANCE OF ZONING
(i) G(X)DMAN-SEGAR-HOGAN CONDII'IONAL USE PERMIT
(j) LAKE SMITH TARGET AREA LAND USE POLICY
(k) JAMES A. TINKHAM, JR. MUI)lk'iUATION 'fO THE LAND USE
PLAN
(1) JOHN AND MARY WILLIAM6 CHANGE OF ZONING
(m) STEVEN C. AND SHARON L. DANIELS UTIANGE OF ZONING
(n) CITY OF VIRGINIA BEACH, VIRGINIA CHANGE OF ZONING
(o) MASTER STREET AND HIGHWAY PLAN AMENDMENI' (Street widths)
(p) EDWARD AND EDNA McPHERSON FREE STANDING MOBILE HOME
in AGRICULTURAL DISTRICT
Item Iii-U.I.a.
PUBLIC HEARING
PLANNING ITEM # 30487
Attorney Robert Steinhilber, 303 Lynnhaven Parkway, represented the applicant
Mel Smith, Engineer and Surveyor with Venture Engineering, represented the
applicant
George Fenwick, State Director of the Nature Conservancy in Charlottesville.
George Fenwick advised Lot 22 is approximately 100 acres of Wetlands and the
owners have arranged to donate this lot to the Nature Conservancy
Upon motion by Councilwoman Henley, seconded by Councilman Baum, City Council
DENIED an Ordinance upon application of BLOSSOM HILL PARTNERSHIP AND BLOSSOM
HILL ASSOCIATES for a Conditional Use Permit and Variances to Section 4.4(b)
and 4.4 (d) of the Subdivision Regulations, which require lots created by
subdivision to meet all of the requirements of the Zoning Ordinance and have
direct access to a public street and Section 5.5(a) and (b) of the Subdivision
Ordinance which requires curbs, gutters, storm sewers and drainage to be in
accordance with specifications of Lhe Department of Public Works:
ORDINANCE UPON APPLICATTON OF BLOSSOM HILL
PARTNERSHIP, A VIRGINIA PARTNERSHIP, FOR A
CONDITIONAL USE PERMIT FOR A PRIVATE MARINA
Ordinance upon application of Blossom Hill
Partnership, a Virginia Partnership, for a
Conditional Use Permit for a private marina on the
west side of Princess Anne Road, 4963 feet north of
Pungo Ferry Road. Said parcel is located at 851
Princess Anne Road and contains 140 acres. Plats
with more detailed information are available in the
Department of Planning. PUNGO BOROUGH.
A N D,
Appeal from Decisions of Administrative Offices in
regard to certain elements of the Subdivision
Ordinance, Subdivision for Blossom Hill Associates.
Property is located on the west side of Princess
Anne Road, 3850 feet more or less south of Stowe
Road. Plats with more detailed information are
available in the Department of Planning. PUNGO
BOROUGH.
Appeal from Decisions of Administrative Offices in
regard to certain elements of the Subdivision
Ordinance, Subdivision for Blossom Hill Associates.
Property is located on the west side of Princess
Anne road, 4830 feet more or less north of Pungo
Ferry Road. Plats with more detailed information
are available in the Department of Planning. PUNGO
BOROUGH.
- 16 -
Ttem TTI-G.I.a.
PUBLIC HEARTNG
PLANNING ITEM # 30487 (Continued)
Voting: 10-1
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 William D. Sessoms, Jr.
Council Members Voting Nay:
John L. Perry
Council Members Absent:
None
- 17 -
Item TTI-G.l.b.
PUBLIC HEIARING
PLANNING ITEM # 30488
Attorney Robert J. Nutter, 2809 South Lynnhaven Road, Phone: 481-2100,
represented the applicant. Canonie Atlantic Company is one of the parent
companies, owners of the Eastern Shore Railroad. Canonie Atlantic is owned in
turn by the Accomac Northampton Transportation District Commission.
Upon motion by Councilman Perry, seconded by Councilman Sessons, City Council
APPROVED:
Appeal from Decisions of Adriinistrative Officers in
regard to certain elements of the Subdivision
Ordinance, Subdivision for Canonie Atlantic Co., a
Virginia Corporation. Property is located on the
north side of Shore Drive, 800 feet more or less
west of Diamond Springs Road. Plats with more
detailed information are available in the
Department of Planning. BAYSIDE BOROUGH
The following conditions shall be required:
1. A minimum ingress-egress easement of thirty (30)
feet must be provided from Diamond Springs Road to
Parcel 4A.
2. Parcel 4C shall be labeled, "Not a building site
until incorporated into adjacent property to meet
the terms of the zoning ordinance."
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara i@l. 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
- 18 -
Item 111-G.l.c.
PUBLIC HEARING
PLANNING ITEM # 30489
Attorney Robert Cromwell, Pembroke One, Phone: 499-8971, represented the
applicant.
Upon motion by Councilman Perry, secondod by Councilman Heischober, City
Counci I APPROVED an appl ication of BRUCE A. KIRBY for a Variance to Section
4.4(b) of the Subdivision Ordinance which req u i res a I Ilots created by a
subdivision to meet all requirements of the City Zoning Ordinance (1633 Jack
Frost Road)
Appeal from Decision of Administrative Officers in
regard to certain elements of the Subdivision
Ordinance, Subdivision for Bruce A. Kirby. Property
is located at 1633 Jack Frost Road. Plats with more
detailed information are available in the
Department of Planning. BAYSIDE BOROUGH.
The following conditions shall be required:
1. A right-of-way dedication is required along the
site's frontage on Jack Frost Road to upgrade this
roadway to an acceptable minimum fifty-foot (501)
right-of-way. Approximately ten-feet (101) of
dedication is required.
2. A right-of-way dedication is required along the
site's frontage on Shenstone Drive to upgrade this
roadway to an acceptable minimum fifty-foot (501)
right-of-way. Approximately six feet (61) of
dedication is required.
Voting: 9-2
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, Reba
S. McClanan, Nancy K. Parker, John L. Perry and
William D. Sessoms, Jr.
Council Members Voting Nay:
John D. Moss and Mayor Meyera E. Oberndorf
Council Members Absent:
None
- 19 -
Item 111-G.I.d.
PUBLIC HEARING
PLANNING ITEM # 30490
FathE,r Wl II i am Da I e, 4853 Pri ncess Anne Road , Phone: 495-1886, represented the
applicant. Father Dale's statement is hereby made a part of the record.
Upon motion by Councilman Moss, seconded by Councilman Ho-ischober, City Council
ADOPTED an Ordinance upon appl ication of CHURCH OF ASCENSION - DIOCESE OF
RICHMOND for a Conditional Use Permit for a church addition.
ORDINANCE UPON APPLICATION OF CHURCH OF ASCENSION -
DIOCESE OF RICHMOND FOR A CHURCH ADDITION
R012881184
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of Church of Ascension -
Diocese of Richmond for a Conditional Use Permit
for a church addition on the west side of Princess
Anne Road, 770 feet more or less north of
Brandywine Drive. Said parcel is located at 4853
Princess Anne Road and contains 9.94 acres. plats
with more detailed information are available in the
Department of Planning. KEMPSVILLE BOROUGH.
The following condition shall be required:
1. The utilization of best management practices for
controlling stormwater runoff which are reasonably
applicable to the development of the site.
This Ordinance shall be effective upon the date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the Twelfth
Day of December, Nineteen Hundred and Eighty-eight.
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 %mbers Absent:
None
- 20 -
Item IV-G.I.e.
PUBLIC HEARING
PLANNING ITEM # 30491
Attorney R. J. Nutter, 2809 South Lynnhaven Road, Phone: 431-3100, represented
the appl!cant. Th es e are Jack Rabbi tt Min i -Storage f ac i 1 it i es . A packet of
information was distributed to City Council. Said information is hereby made
a part of the record. Adjoining property owners signed letters in support of
the application.
Upon motion by Counci lman Moss, seconded by Councilman Sessoms, City Council
ADOPTED an Ordinance upon application of JOHN C. ASPINWALL for a Conditional
Use Permit:
ORDINANCE UPON APPLICATION OF JOHN C. ASPINWALL,
Ill FOR A CONDITIONAL USE PERMLT FOR MINI-STORAGE
R012881185
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINLA
Ordinance upon application of John C. Aspinwall,
Ill for a Conditional Use Permit for mini-storage
on certain property located 400 feet more or less
northeast of the intersection of Salem Road and S.
Independence Boulevard. Said parcel contains 4.585
acres. More detailed information is available in
the Department of Planning. KEMPSVILLE BOROUGH.
The following conditions shall be required:
1. The utilization of Best Management Practices for
controlling stormwater runoff which are reasonably
applicable to the development of the site and in
keeping with the recommendations for the proposed
Back Bay/North Landing River Management District.
2. If the Board of Zoning Appeals does not grant the
proposed variance, a revised site plan must be
submitted to the Planning Department for review and
approval showing all buffering and screening on-
site.
3. An improved right turn lane is required at the
existing entrance.
4. Category Vi Landscap ing sha I I be on the eastern,
western and northern borders.
5. Approval is subject to the applicant providing,
prior to final plat approval, evidence depicting
recordation of the easements of perpetuity of
five-fc>ot (51) landscaping on the western boundary
with fifteen-foot (151) on the eastern and northern
boundaries of the subject property.
This Ordinance shall be effective upon the date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the Twelfth
Day of December, Nineteen Hundred and Eighty-eight.
- 21 -
Item IV-G.l.e.
PUBLIC HEARING
PLANNING ITEM # 30491 (Continued)
Voting: 10-1
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
John L. Perry and William D. Sessoms, Jr.
Council Members Voting Nay:
Nancy K. Parker
Council Members Absent:
None
- 22 -
Item III-G.I.f.
PUBLIC HEARING
PLANNING ITEM # 30492
Lyle Tatroe, represented the applicant, 2605 Heston Road, represented the
applicant
Upon motion by Councilwoman McClanan, seconded by Councilman Perry, City
Council DEFERRED until the City Council Meeting of January 23, 1989, an
Ordinance upon application of J.V.L. ASSOCIATES, a Virginia General
Partnership, for a Conditional Use Permit:
ORDINANCE UPON APPLICATION OF J.V.L. ASSOCIATES, A
VIRGINIA GENERAL PARTNERSHTP, FOR A CONDTTIONAL USE
PERMIT FOR MINI-WAREHOUSES
Ordinance upon application of J.V.L. Associates, a
Virignia General Partnership, for a Conditional Use
Permit for mini-warehouses on the west side of
Oceana Boulevard, 1100 feet south of Harpers Road.
Said parcel is located at 1251 Oceana Boulevard and
contains 1.9 acres. Plats with more detailed
information are available in the Department of
Planning. PRINCESS ANNE BOROUGH.
This DEFERRAL will enable presentation of a rendering depicting the landscaping
and description of the mini-warehouses as they will look from the road.
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
- 23 -
Item III-G.I.g.
PUBLIC HEARING
PLANNING TTEM # 30493
Dlichael A. Inman, 780 Lynnhaven Parkway, Phone: 468-7700, represented the
applicant.
Upon motion by Councilman Balko, seconded by Vice Mayor Fentress, City Council
ADOPTED an Ordinance upon application of DENNTS P. MURTLAND for a Conditional
Use Permit:
ORDINANCE UPON APPLICATTON OF DENNTS P. MURTLAND
FOR A CONDITTONAL USE PERMIT FOR AN AUTOMOBTLE
REPATR ESTABLISHMENT R012881186
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of Dennis P. Murtland
for a Conditional Use Permit for automobile repair
establishment (grease monkey quick lube) on Lot 3,
Block K, Lynnhaven Park. Said parcel is located at
2841 Virginia Beach Boulevard and contains 38,492.6
square feet. LYNNHAVEN BOROUGH.
The following conditions shall be required:
1. The developer of this site must work with the City
Arborist to preserve as many of the large trees as
possible currently located on the site.
2. The utilization of best management practices for
controlling stormwater runoff which are reasonably
applicable to the development of the site.
3. The structure shall comply with the rendering
presented at the City Council Meeting of December
12, 1988.
4. Public Restrooms shall be provided.
This Ordinance shall be effective upon the date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the Twelfth
Day of December, Nineteen Hundred and Eighty-eight.
- 24 -
Item Ill-G.l.g.
PUBLIC HEARING
PLANNING ITEM # 30493 (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
- 25 -
Item IV-G.I.h.
PUBLIC HEARING
PLANNING ITEM # 30494
Attorney Robert B. Cromwell, Pembroke One, Phone: 499-8971, represented the
applicant
Upon motion by Councilwoman Henley, seconded by Vice Mayor Fentress, City
Council ADOPTED an Ordinance upon application of J. HARRY & KATHERYN H. MOTE
for a Change of Zoning:
ORDINANCE UPON APPLICATION OF J. HARRY & KATHERYN
H. MOTE FOR A CHANGE OF ZONTNG DISTRICT
CLASSIFICATION FROM AG-2 AGRICULTURAL DISTRTCT TO
B-2 COMMUNITY BUSINESS DISTRICT Z012881219
BE IT HEREBY ORDATNED BY THE COUNCIL OF THE CTTY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of J. Harry & Katheryn
H. Mote for a Change of Zoning District
Classification from AG-2 Agricultural to B-2
Community Business District on certain property
located 320 feet more or less west of Princess Anne
Road beginning at a point 1770 feet more or less
south of Tndian River Road. Said parcel contains
6,534 square feet. Plats with more detailed
information are available in the Department of
Planning. PUNGO BOROUGH.
This Ordinance shall be effective upon the date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the Twelfth
Day of December, Nineteen Hundred and Eighty-eight.
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
- 26 -
Item IV-G.I.i.
PUBLIC HEARING
PLANNING ITFII # 30495
Attorney Robert Cromwell, Pembroke One, Phone: 499-8971, represented the
applicant
Sharon Story, represented Goodman-Segar-Hogan, and proffered an additional 15-
feet of pereptual scenic easement.
Rose Kelly, 4229 Elbow Road, owns "insert" parcel.
Thomas J. Abraham, Phone: 471-4764, Real Estate Agent representing Rose Kelly.
With the approval of the application, the alignment of Elbow Road will be
set. Thomas J. Abraham requested consideration of advance acquisition.
Upon motion by Councilman Moss, seconded by Councilman Fleischober, City Council
ADOPTED an Ordinance upon application of GOODMAN-SEGAR-HOGAN for a Conditional
Use Permit:
ORDINANCE UPON APPLICATION OF GOODMAN-SEGAR-HOGAN
FOR A CONDITIONAL USE PERMIT FOR AN OPEN SPACE
PROMOTION R012881187
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of Goodman-Segar-Hogan
for a Conditional Use Permit for an Open Space
Promotion on certain property located on the
northeast side of Indian River Road, 1500 feet more
or less southeast of Elbow Road. Said parcel
contains 167 acres. More detailed information is
available in the Department of Planning. KEMPSVTLLE
BOROUGH.
The following conditions shall be required:
1. In accordance with the current Master Street and
Highway Plan and the Preliminary Alignment of Elbow
Road Relocated on file in the City Engineer's
Office, a right-of-way dedication of ninety-two-
feet (92') is required through the northwestern
portion of this property in order to obtain the
ultimate right-of-way for a four-lane divided
arterial.
2. In accordance with the current Master Street and
Highway Plan and the Preliminary Alignment of
Indian River Road on file in the City Engineer's
Office, approximately seventy-feet (70') of right-
of-way, (Dedication of thirty-five feet (35') and
Reservation of thirty-five (35') plus fifteen-foot
(15)'setback, et cetera, is required along Indian
River Road to provide for the ultimate one hundred
and eleven-feet (111') right-of-way for a six-lane
divided arterial with controlled access. Thirty-
five-feet (35') shall be a right-of-way
reservation.
3. In accordance with the Salem Canal Phase Two Plan
on file in the City Engineer's Office, a variable
width drainage easement dedication is required
along the northern portion of this parcel that
fronts on the North Landing River (Salem Canal) in
order to obtain the ultimate two hundred foot
(200') drainage easement.
- 27 -
Item Ill-G.I.I.
PUBLIC HEARING
PLANNING ITEM # 30495 (Continued)
4. The uti Ii z ation of Best Management P ractices for
control I 1 ng stormwater runof f wh 1 ch are reasonab ly
app I i cabl e to the deve I opment of the s i te and i n
keeping with the recommendations for the proposed
Back Bay/North Landing River Management District.
5. In accordance with Section 4.4(e) of the
Subdivision Ordinance, Category VI screening will
b@ required along Indian River Road and Elbow Road
Extended. AMENDED, to include: It shall be
constructed itvcln a fifteen-foot (151) scenic
easement in perpetuity. This fifteen-foot (151)
scenic easement shall be in addition to the
required lot dimensions under existing ordinances.
6. The I'spitell strip which runs between the proposed
right-of-way and the out parcel on Indian River
Road is not acceptable and must be eliminated.
7. All entrances must be sixty-foot (601) rights-of-
way to the first intersecting street.
8. The submitted open space plan shows that two of the
existing lakes are to be owned by the homeowners
association. The plan does not clearly designate
the boundaries of these lots. These lakes must be
contained on conforming lots. The open space is to
be dedicated to the City.
9. The intent of the lot labeled "Existing Lake -
Private Ownership" must be clarified. This lot
must meet all requirements of the zoning ordinance.
10. All park and open space areas shall be dedicated to
the City.
This Ordinance shall be effective upon the date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the Twelfth
ed z
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. McCianan, 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
- 28 -
Item 111-G.I.h.(a)
PUBLIC HEARING
PLANNING ITEM # 30496
Upon motion by Counci lman Moss, seconded by Counci Iman Balko, City Counci I
DIRECTED CITY STAFF to proceed with appraisals of "Insert" parcels of GOODMAN-
SEGAR-HOGAN CONDITIONAL USE PERMIT on Princess Anne Road and Elbow Road
(Kempsville Borough), the aforementioned application ADOPTED by City Council.
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
- 29 -
Item IV-G.I.i.
PUBLIC HEARING
PLANNING ITEM # 30497
Upon motion by Councilman Perry, seconded by Councilman Balko, City Council:
*ACCEPTED REPORT of Land Use Policy: Lake Smith
Target Area, bounded on the North by Northampton
Boulevard and on the South, East and West by
undeveloped property belonging to the City of
Norfolk, Lake Smith and Lake Lawson, containing
approximately 17 acres (BAYSTDE 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
- 30 -
Item IV-G.l.k.
PUBLIC HEARING
PLANNING ITEM # 30498
Douglas Talbot, Phone: 460-2450, General Partner of GRA Associates, the owners
of the commercial property on which the Conditional Use Permit by Hop-Tn Food
Stores is being considered.
A MOTION was made by Councilman Moss, seconded by Councilwoman Parker to DENY
an application of JAMES A. TINKHAM, JR., for a modification to the land use
plan for the Green Run PD-fl to allow gasoline pumps in conjunction with a
convenience store at the Southeast corner of Independence Boulevard and
Princess Anne Road, containing 43,298.64 square feet (KEMPSVILLE BOROUGH).
Voting: 5-6 (MOTION LOST TO A NEGATIVE VOTE)
Council @lembers Voting Aye:
Barbara M. Henley, Reba S. McClanan, John D. Moss,
Mayor Meyera E. Oberndorf and Nancy K. Parker,
Council Members Voting Nay:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, John L. Perry and William
D. Sessoms, Jr.
Council Members Absent:
None
- 31 -
Item III-G.I.l.
PUBLIC HEARING
PLANNING ITEM # 30498 (Continued)
Upon motion by Councilman Baum, seconded by Councilman Heischober, City Council
ADOPTED an Ordinance upon application of JAMES A. TINKHAM, JR. for a
modification to the land use plan.
ORDINANCE UPON APPLICATION OF JAMES A. TINKHAM,
JR., FOR A MODIFICATION TO THE LAND USE PLAN FOR
THE GREEN RUN PD-H TO ALLOW GASOLINE PUMPS IN
CONJUNCTION WITH A CONVENIENCE STORE. Z012881220
BE IT HEREBY ORDAINED BY THE COUNCTL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of James A. Tinkham,
Jr., for a modification to the land use plan for
the Green Run PD-H to allow gasoline pumps in
conjunction with a convenience store on certain
property located at the southeast corner of
Independence Boulevard and Princess Anne Road. Said
parcel contains 43,298.64 square feet. More
detailed information is available in the Department
of Planning. KEMPSVILLE BOROUGH.
The following conditions shall be required:
1. Dedication of temporary construction easements and
drainage easements are required in accordance with
the Princess Anne Road - Phase III plans on file in
the City Engineer's Office.
2. The utilization of Best Management Practices for
controlling stormwater runoff which are reasonably
applicable to the development of the site.
3. Landscaping along Princess Anne Road and
Independence Boulevard shall be in accordance with
proffers made by the applicant. A copy of the
proffered landscape plan is on file in the office
of the City Clerk and is hereby made a part of the
proceedings.
4. This structure shall be aesthetically and
architecturally pleasing, complying with the
requirements of the City Staff.
This Ordinance shall be effective upon the date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the Twelfth
Day of December, Nineteen Hundred and Eighty-eight.
- 32 -
item III-G.l.k.
PUBLIC HEARING
PLANNING ITEM # 30498 (Continued)
Voting: 6-5
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, John L. Perry and
William D. Sessoms, Jr.
Council Members Voting Nay:
Barbara 1,1. Henley, Reba S. @IcClanan, John D. Moss,
Mayor Meyera E. Oberndorf and Nancy K. Parker,
Council Members Absent:
None
L77
lit
NDSCAPE PLAN.
VI. 23SD5
- 33 -
Item IV-G.I.I.
PUBLIC HEARING
PLANNING ITEM # 30499
Attorney Robert Cromwell, Pembroke One, Phone: 499-8971, represented the
applicant. This project will be developed by Terry-Peterson Corporation
Upon motion by Councilman Perry, seconded by Councilman Baum, City Council
ADOPTED an Ordinance upon application of JOHN AND MARY WILLIAMS for a Change of
Zoning:
ORDINANCE UPON APPLICATION OF JOHN AND MARY
WILLIAMS FOR A CHANGE OF ZONING DISTRICT
CLASSIFICATION FROM R-10 TO A-12 Z012881221
BE TT HEREBY ORDATNED BY THE COUNCTL OF THE CITY OF VIRIGNIA BEACH, VIRIGNIA
Ordinance upon applicaiton of John and Mary
Williams for a Change of Zoning District
Classification from R-10 Residential District to
A-12 Apartment District on certain property located
on the north side of Newtown Road, 120 feet more or
less east of Diamond Springs Road. Said parcel
contains 11.1260 acres. Plats with more detailed
information are available in the Department of
Planning. BAYSIDE BOROUGH.
This Ordinance shall be effective upon the date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the Twelfth
Day of December, Nineteen Hundred and Eighty-eight.
Voting: 6-5
City Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, John L. Perry and
William D. Sessoms, Jr.
Council Members Voting Nay:
Barbara M. Henley, Reba S. McClanan, John D. Moss,
Mayor Meyera E. Oberndorf and Nancy K. Parker,
Council Members Absent:
None
- 34 -
Item III-G.I.m.
PUBLIC HEARING
PLANNING ITFN # 30500
Attorney Robert Gutterman, 209 Business Park Drive, Phone: 499-9222,
represented the applicant
Upon motion by Councilman Moss, seconded by Councilman Balko, City Council
DENIED an Ordinance upon application of STEVEN C. AND SHARON L. DANIELS for a
Change of Zoning:
ORDINANCE UPON APPLICATION OF STEVEN C. AND SHARON
L. DANIELS FOR A CHANGE OF ZONTNG DISTRICT
CLASSIFICATION FROM R-10 TO 0-1
Ordinance upon application of Steven C. and Sharon
L. Daniels for a Change of Zoning District
Classification from R-10 Residential District to
0-1 Office District on the west side of Forest
Street, 150 feet south of Princess Anne Road. Said
parcel is located at 508 Forest Street and contains
9375 square feet. More detailed information is
available in the Department of Planning. KEMPSVILLE
BOROUGH.
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 William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
John L. Perry
Councilman Perrry left the Council Chambers
at &:10 P.M.
- 35 -
Item IV-G.I.n.
PUBLIC REARING
PLANNING ITEM # 30501
The City Clerk referenced letter from Judith K. Connors, Past President, Ocean
Park Civic League expressing concern about the other "reserved areas" of Ocean
Park.
Upon motion by Councilman Heischober, seconded by Councilman Baum, City Council
APPROVED two parcels in the application of the CITY OF VIRGINIA BEACH,
VIRGINIA, for a Change of Zoning District Classification:
ORDINANCE UPON APPLICATION OF THE CITY OF VIRGINIA
BEACH, VIRGINIA, FOR A CHANGE OF ZONING DISTRICT
CLASSIFICATION FROM R-5D TO P-1 Z012881222
BE IT HEREBY ORDAINED BY THE COUNCIL OF TIIE CTTY OF VIRGTNIA BEACH, VIRGINIA
Ordinance upon application of the City of Virginia
Beach, Virginia, for a Change of Zoning District
Classification from R-5D Residential Duplex
District to P-1 Preservation District on certain
parcels located at the southeast corner of Winston
Place and Loch rlaven Crescent (Loch Haven
containing 2.66 acres) and at the northeast corner
of Winston Place and Loch Haven Crescent (Reserved
2.05 acres) as shown on he plat entitled "Plat,
Section D of Ocean Park Portion of The Property
Owned by Oceana park Corporation" and recorded in
the office of the Clerk of Circuit Court in Map
Book 5, Part 2, Page 197. Said parcels contain 4.71
acres. More detailed information is available in
the Department of Planning. BAYSIDE BOROUGfl.
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 William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
John L. Perry
- 36 -
Item IV-G.l.o.
PUBLIC HEARING
PLANNING TTF2,1 # 30502
Upon motion by Councilman Moss, seconded by Councilwoman Parker, City Council
*APPROVED the Application of the City of Virginia Beach, Virginia, to AMEND the
Master Street and Highway Plan so as to provide greater street widths.
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 William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
John L. Perry
- 37 -
item .1. -
PUBLIC REARING
PLANNING ITEM # 30503
Upon motion by Councilman Baum, seconded by Councilman Perry, City Council
*APPROVED the Application of EDWARD and EDNA McPHERSON, 5349 Blackwater Loop in
accordance with Section 19-19 of the Code of the City of Virginia Beach, for a
free-standing mobile home in an Agricultural District for a two-year period.
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, Ilayor 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 111-H.I.
RESOLUTIONS/ORDINANCES ITEM # 30504
CAPITAL IMPROVEMENT PROGRAM
Upon motion by Councilman Heischober, seconded by Councilman Moss, City
Council:
SELECTED OPTION B of the FY1988-89/FY 1992-93
CAPITAL IMPROVMENT PROGRAM.
Voting: 9-1
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Reba S. McClanan, John
D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker
and William D. Sessoms, Jr.
Council Members Voting Nay:
Barbara M. Henley
Council Members Absent:
John L. Perry
- 39 -
Item 111-H.I.a
RESOLUTIONS/ORDINANCES ITEM # 30505
CAPITAL IMPROVEMENT PROGRAM
OPTION B
Upon motion by Vice Mayor Fentress, seconded by Counci Iman Hesichboer, City
Council APPROVED, upon FIRST READING, AS AMENDED*:
Ordinance to adopt the FY 1988-89/FY 1992-93
Capital Improvement Program and to appropriate
$;!Q,;62 @ 310,668,47 for the FY 1988-89 Capital
Budget subject to funds being provided from various
sources set forth therein.
*$300,000 shal Ibe added for the General Booth
Elementary School Land Acquisition.
Voting: 9-1
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Reba S. McClanan, John
D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker
and William D. Sessoms, Jr.
Council Members Voting Nay:
Barbara M. Henley
Council Members Absent:
John L. Perry
TO BE AMENDED APP&OV@ AS TO CCjt4 I t;.4
AN ORDINANCE TO ADOPT THE ST@ATURE
PY 1988-89/FY 1992-93 CAPITAL
INPROVFMNT PROGRAM AND TO
APPROPRIATE $310,368,574 FOR DEPARTMENT
THE FY 1988-89 CAPITAL BUDGET
SU M CT TO FUNDS BEING PROVIDED OPROVED AS TO LEGAL
FROM VARIOUS SOURCES SET FORTH HEREIN SUFFICIENCY AND foRM
ATTOITNEY
y 4
WHEREAS, the City Manager, on November 14, 1988, presented to
Council the Capital Improvement Program for fiscal years 1989-93, and
WHEREAS, City Council held public hearings on the program to provide
for public comment, and
WHEREAS, based on public comment, City Council has determined the need
for the projects in the Capital Improvement Program, and
WHEREAS, it is necessary to appropriate funds for the projects underway
or beginning in the 1988-1989 fiscal year as set forth in said Capital improve-
ment Program.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
Section 1; That the program for the construction of, or addition to
capital facilities identified for fiscal years 1988-1989 through 1992-1993 is
hereby adopted and that projects listed herein are approved as capital projects.
Section 2: That the projects shall be financed from funds to be
appropriated periodically by City Council, and until funds are so provided, the
projects are for planning purposes only and may be deleted, altered, or resched-
uled in any manner at any time by City Council.
Section 3: That funds in the amounts aggregating $310,368,574 for
capital projects underway or beginning in the 1988-89 fiscal year as set forth in
said Capital Improvement Program are hereby appropriated, subject to the condi-
tions hereafter set forth, as follows:
CAPITAL PROJECT APPROPRIATION
SCHOOL PROJECTS:
1-007 School Plant Facility Addition $ 230,000
1-008 Media Center Facility Addition 900,000
1-909 Luxford Elementary School Drainage 200,000
1-937 Salem Junior High School 6,472,925
1-945 Elementary Schools Physical Education Classrooms 600,000
1-960 Various Schools Roofing - Phase III 209,000
1-965 Various Schools Air Conditioning - Phase III 2,577,500
1-975 Various Schools Stage Lighting Controls Replacement 100,000
1-976 Court House Elementary School Sewer Pump Station
Renovation 100,000
1-977 Elementary Schools Window Replacements - Phase II 650,000
1-979 General Booth Corridor Elementary School
Land Acquisition 150,000
1-990 Bayside Junior High School Addition 166,000
1-991 Bayside High School Modernization and Addition 361,000
TOTAL SCHOOL PROJECTS 16 425
ENGINEERING AND HIGHWAY PROJECTS:
Roadways:
2-006 Baxter Road Widening 633,047
2-007 Constitution Drive 47,600
2-021 Rurai Roads Improvement 300,000
2-036 Roadway Advanced Land Acquisition 150,000
2-037 Landstown Road 23,955
2-039 Dam Neck Road - Phase I 1,773,296
2-040 West Neck Bridge 49,466
2-041 South Plaza Trail Bridge 58,129
2-042 Mill Dam Bridge 56,259
2-055 London Bridge Road - Phase I 743,231
2-078 Courthouse Loop - North 120,000
2-079 InternaLional Parkway Improvements 450,000
2-081 Tidewater Community College Offsite Access
Improvements 68,000
2-084 Military Highway 24,441
2-096 Ferrell Parkway - Phase V 675,000
2-098 Princess Anne Road - Seaboard Road 280,000
2-099 Sandfiddler Road 341,000
2-810 Genterville Turnpike - Phase 1 461,748
2-816 Traffic Safety Improvements 735,000
2-820 Princess Anne Road - Phase II1 635,966
2-831 Independence Boulevard - Phase III 1,730,357
2-833 First Colonial Road - Phase III 12,187
2-936 Ferrell Parkway - Phase IB 1,817,017
2-837 Various CosL Participation Projects 50,000
2-925 Northampton Boulevard - Phase I 123,625
2-929 Virginia Beach Boulevard - Phase III 67,416
2-945 Newsome Farm Area Street Improvements 750,000
2-962 Pungo Ferry Road Bridge 9,003,650
2-987 Independence Boulevard - Phase IV 564,290
Total Roadways 44 680
Stormwater:
2-014 Lynnhaven Inlet Maintenance Dredging $ 71,617
2-018 Rudee Inlet Bulkhead 332,175
2-020 Various Drainage Improvements 81,000
2-109 Western Branch Lynnhaven River Dredging Study 100,000
2-110 Southall Quarter Drainage 144,000
2-712 Dredging Eastern Branch Lynnhaven River 1,318,725
2-800 Lynnhaven Colony Drainage 18,876
2-817 Chesapeake Beach Drainage - Phase 1 28,632
2-823 Salem Canal Improvements 109,326
2-909 Canal #2 - Phase II 50,000
3-933 Landfill #2 - Expansion 824,340
Total Stormwater 78 691
Bikeways:
2-068 Bayfront Bikeway $ 413,467
Total Bikeways 13 467
Resort Area Improvements:
2-048 Boardwalk Revitalization $ 550,000
2-049 Resort Streetscape Improvements 596,614
2-054 City Gateway Project 1,153,386
2-066 Oceanfront Connector Parks 400,000
2-067 Resort Streetscape Demonstration Project 900,000
2-094 Dome Area Development 100,000
Total Resort Area 00 000
TOTAL ENGINEERING AND HIGHWAYS 36 838
BUILDING PROJECTS:
3-910 Kempsville Public Safety and Library Services
Expansion $ 523,241
3-944 Fire Station - Little Neck 65,987
3-945 Fire Station - London Bridge 1,187,680
BUILDING PROJECTS: (concluded)
3-954 Fire Station - Diamond Springs 193,536
3-965 Municipal Center Site Acquisition 1,350,000
3-967 Correction Center Addition 8,000,000
3-968 Fire Station - General Booth 158,367
3-973 Percent for Arts Program 101,906
3-976 Fire Training Center/Warehouse Facility 20,000
3-977 Judicial Center 31,668,679
3-978 Tidewater Community College Site Improvements
Phase IV 460,915
3-984 Juvenile Detention Facility 60,000
3-987 Pendleton/Courthouse School Building 250,000
3-988 Pungo-Blackwater Library/Police Substation 100,000
TOTAL BUILDING PROJECTS 40 311
PARKS AND RECREATION PROJECTS:
4-935 Princess Anne Park Expansion $ 975,000
4-939 Neighborhood Park Acquisition and Development 250,000
4-947 Park Reservation Acquisition and Development 750,000
4-948 Scenic Waterways Improvements 100,000
TOTAL PARKS AND RECREATION $ 2,075,000
TOTAL GENERAL IMPROVEMENT $ 87,868,574
WATER UTILITY PROJECTS:
5-001 Virginia Beach Boulevard - Phase III $ 245,000
5-006 Dam Neck Road - Phase II 190,000
5-021 Lakeview Park - 51% Type 18,000
5-022 Great Neck Point - 51% Type 12,000
5-029 Linkhorn Point 51% Type 70,000
5-036 Ferrell Parkway Phase IC 88,000
5-037 Indian River Road - Phase IV 125,000
5-039 Broad Bay Colony - 51% Type 260,000
5-040 Lynnhaven Acres - 51% Type 390,000
5-041 Bells Road - Birdneck Road 1,000,000
5-043 Baxter Road Connection 55,000
5-044 Independence Boulevard - Phase IIA-2 36,000
5-045 Independence Boulevard - Phase III 9,000
5-304 Small Line Improvements 100,000
5-306 Water Request and Agreement 250,000
5-622 Shipps Corner Road 15,000
5-713 Landstown Suction 575,000
5-817 East Cape Henry Drive 110,000
5-832 Comprehensive Water Study 250,000
5-833 Various Highway Projects 50,000
5-836 Landstown Yard Improvements 500,000
5-938 Kempsville Suction - Phase 1 230,000
5-939 Kempsville Suction - Phase II 110,000
5-962 Burton Station Area 100,000
5-964 Water Resources - Lake Caston 202,700,000
5-966 Atlantic Avenue Improvements 480,000
5-968 Control Center Modernization 825,000
5-971 Lynnhaven Parkway - Phase VII 86,500
5-977 Kempsville Pump Station Modifications 270,000
5-980 Shore Drive Pump Station Modification 35,000
5-985 Shore Drive 5,000
5-997 Credle Road 13,000
TOTAL WATER tffILITY 02 500
SEWER trrILITY PROJECTS:
6-316 Various Sewer Projects $ 500,000
6-605 Pump Station Modifications 200,000
6-815 Infiltration, Inflow and Rehabilitation 300,000
6-828 Landstown Yard Improvements 500,000
6-824 Various Highway Projects 108,000
6-922 Burton Station 196,000
SEWER UTILITY PROJECTS: (concluded)
6-925 Atlantic Aven.e Improvements 426,000
6-930 Lynnhaven Acres 878,000
6-932 Lakeview Park 766,000
6-934 Bay Colony 1,137,500
6-937 Aragona Rehabilitation 400,000
6-938 Princess Anne Plaza Rehabilitation 500,000
6-939 Comprehensive Sewer Study 200,000
6-942 Great Neck Point 1,289,000
6-943 Linkhorn Point 830,000
6-945 Larkspur 445,000
6-948 Lynnwood/Michaelwood 400,000
6-962 Timberlake Force Main 351,000
6-964 Baxter Road 80,000
6-970 Virginia Beach Boulevard - Phase Ill 830,000
6-975 Deerwood Trace Force Main 17,000
6-978 Indian River Road - Phase IV 102,000
6-979 Bells Road/Credle Road 450,000
6-980 River Road 815,000
6-981 Shorehaven 1,150,000
6-982 Dwyer Road 230,000
6-984 North Seaboard Road 8,000
6-989 Independence Boulevard - Phase III 14,000
6-990 Holland Utilities 50,000
6-991 Dam Neck Road - Phase II 125,000
TOTAL SEWER UTILITY 97 500
TOTAL WATER AND SEWER 00 000
TOTAL APPROPRIATIONS 68 574
To be funded from the following sources:
Source
General Appropriations $ 26,943,291
1988 Charter Bonds 26,300,000
Lease Purchase Financing 31,437,943
1988 FY Revenue Sharing 1,000,000
SPSA Contribution 824,340
Federal Contribution 543,000
Water and Sewer Fund 2,000,000
Revenue Bonds 17,800,000
Water Resource Referendum 200,000,000
State Contribution 820,000
City of Chesapeake 2,700,000
TOTAL 68 574
Amounts appropriated above amend any 1988 1989 fiscal years alloca-
tions previously authorized in the FY 1988 - FY 1989 Operating Budget adopted by
the City Council on May 16, 1988.
Section 4. That a Resort Program Capital Project Fund shall be
created for the purpose of accounting for the revenues, appropriations, expend-
itures, and encumbrances associated with the resort area capital improvement
program.
Section 5. The capital project funds appropriated in prior fiscal
years are to be reallocated in accordance with said Capital Improvement Program
as follows:
ROADWAYS AND STORNWATER PROJECTS,.
TRANSFER TO:
2-034 Pavilion Drive South 17,912
2-040 West Neck Bridge 1,025,573
2-061 Lynnhaven Parkway - Phase VII 16,143
2-063 Ferrell Parkway - Phase IC 427,505
2-065 Indian River Road - Phase IV 698,702
2-070 Northampton Boulevard - Phase II 12,240
2-082 Independence Boulevard - Phase IIA-1 50,000
2-083 Indian Lakes Boulevard - Phase II 237,900
2-092 NorthampLon Boulevard - Phase IIA 100,000
2-910 General Booth Boulevard - Phase II 5,379
TOTAL TRANSFERS TO: 91 354
TRA)MSFER FROM:
2-064 Independence Boulevard - Phase IIA 2,158,409
2-091 Independence Boulevard - Phase IIA-2 337,900
2-834 Princess Anne Road/Kempsville Road Intersection 80,786
2-836 Haygood Road 14,259
TOTAL TRANSFER FROM: 1 354
STORMWATER PROJECTS:
TRANSFER TO:
2-823 Salem Canal Improvements 900,000
TOTAL TRANSFERS TO: 00 000
TRANSFERS FROM:
2-819 Ocean Park Storm Drainage 900,000
TOTAL TRANSFERS FROM: 00 000
RESORT AREA PROJECTS:
TRANSFER TO:
2-048 Boardwalk Revitalization 150,000
TOTAL TRANSFERS TO: 50 000
TRANSFER FROM:
2-056 Museum Park/Nature Area 150,000
TOTAL TRANSFERS FROM: 50 000
BUILDING PROJECTS:
TRANSFER TO:
3-945 Fire Station - London Bridge 11,390
3-985 Municipal Center - Land Use Plan 50,000
TOTAL TRANSFERS TO: 61 3 0
TRANSFER FROM:
3-942 Fire Station - North End 11,390
3-981 Landstown Yard Expansion 50,000
TOTAL TRANSFERS FRO14: 61 3 0
WATER AND SEWER PROJECTS:
TRANSFER TO:
5-025 AlanLti - 51% type 152,000
5-027 Bells Road - 51% Type 25,000
5-028 Dwyer Road - 51% Type 10,000
5-029 Linkhorn Point - 51% Type 20,000
5-030 River Road - 51% Type 60,000
5-031 Shorehaven - 51% Type 50,000
5-306 Water Resource and Agreement Projects 427,962
5-985 Shore Drive 10,000
TOTAL TRANSFERS TO: 54 962
TRANSFER FROM:
5-008 Trantwood Shores - 51% Type 55,000
5-011 Southern Points - 51% Type 257,462
5-038 North Seaboard Road - 51% Type 65,000
5-617 Queen City 100,000
5-712 Sandbridge Road 110,000
5-990 Virginia Beach Boulevard - Phase II 12,000
6-315 Queen City 100,000
6-917 Holland Road - Phase IV 8,000
6-934 Bay Colony 22,500
6-979 Bells Road/Credle Road 25,000
TOTAL TRANSFERS T?RON: 54 962
Section 6. That additional appropriations and the addition of capital
projects shall not be initiated except with the consent and approval of the City
Council first being obtained.
Section 7. That the restriction with respect to the expenditure of
funds appropriated shall apply only to the totals for each project class.
All contracts awarded for approved and appropriated capital projects,
exclusive of school projects, must be certified as to the availability of funds
by the Director of Finance prior to the initiation of work on the contract.
Section 8. That this ordinance shall be in effect from and after the
date of its adoption.
Section 9. That if any part or parts, section or sections, sentences,
clauses, phrases of this ordinance is for any reason declared to be unconstitu-
tional or invalid, such decision shall not affect the validity of the remaining
portions of this ordinance.
Adopted by Council of the City of Virginia Beach, Virginia on the
day of 1988.
FIRST READING:
SECOND READING:
- 40 -
Ite,m 111-H.I.b
RESOLUTIONS/ORDINANCES ITEM # 30506
CAPITAL IMPROVEMENT PROGRAM
OPTION B
Upon motion by Vice Mayor Fentress, seconded by Counci lman Baum, City Counci I
APPROVED upon FIRST READING:
Ordinance to amend and reordain the Code of the
City of Virginia Beach, Virginia, increasing the
tax levy on Restaurant Meals from 4.0 to 4.5
percent, effective January 1, 1989.
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 William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
John L. Perry
AN ORDINANCE TO AMEND AND REORDAIN
SECTION 35-137 OF THE OODE OF THE CITY OF
VIRCINIA BEACH, VIRCINIA PERTAININC TO THE TAX
LEW ON RESTAURANT MEALS
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRCINIA
THAT SECTION 35-137 IS HEREBY AMENDED AND REORDAINED AS FOLLOWS:
Section 35-137 - Levied; amount.
There is hereby imposed and levied on each person a tax equivalent to
four W four and one-half (4.5) percent on the total amount paid for food, in or
from any restaurant, whether prepared in such restaurant or not and whether
consumed on the premises or not. The tax shall be computed at a straight four
CO four and one-half (4.5) percent, any fraction of one-half or more being
treated as one cent.
This tax rate shall become effective January 1, 1989 and shall remain
in effect until December 31, 1998 at which time it shall be reduced by one-half
(0.5) percent.
This Ordinance shall be effective on the 1st day of January, 1989.
Adopted by the Council of the city of Virginia Beach, Virginia on the
day of 1988.
First Reading: Beeeffiber 12, 1988
Second Reading:
- 41 -
Item 111-H.l.c
RESOLUTIONS/ORDINANCES ITEM # 30507
CAPITAL IMPROVEMENT PROGRAM
OPTION B
Upon motion by Vice Mayor Fentress, secondod by Counci ]man Baum, City Counci 1
APPROVED upon FIRST READING:
Ordinance to amend and reordain the Code of the
City of Virginia Beach, Virginia, increasing the
tax levy on Hotel/Motel Lodging from 4.0 to 4.5
percent, effective January 1, 1989.
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. McCianan, John D. Moss, Mayor Meyera E. Oberndorf,
Nancy K. Parker and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
John L. Perry
AN ORDINANCE TO AMEND AND REORDAIN
SECTION 35-159 OF THE CODE OF THE CITY OF
VIRGINIA BEACH, VIRGINIA PERTAIINI[MC TO THE TAX
LEVY ON HOTLRL/MOTEL LODGING
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRCINIA
THAT SECTION 35-159 IS HEREBY AMENDED AND REORDALNED AS FOLLOWS:
Section 35-159 - Levied; amount.
There is hereby levied and imposed on each transient a tax equivalent to
@-(40 four and one-half (4.5) percent of the total amount paid for lodging, by
or for any such transient, to any hotel.
This tax rate shall become effective January 1, 1989 and shall remain
in effect until December 31, 1998 at which time it shall be reduced by one-half
(0.5) percent.
This Ordinance shall be effective on the 1st day of January, 1989.
Adopted by the Council of the city of Virginia Beach, Virginia on the
day of 1988.
First Reading: December 12, 1988
Second Reading:
APPROVED AS TO CC N
DEPAR'MiN'
APPROVED AS TC) Ll'- @L
SU@Fi-,iENCY Aiii) '@k,A
NEY
- 42 -
Item 111-H.l.d
RESOLUTIONS/ORDINANCES ITEM # 30508
CAPITAL IMPROVEMENT PROGRAM
OPTION B
Upon motion by Vice Mayor Fentress, seconded by Counci Iman Heischober, City
Council APPROVED upon FIRST READING:
Ordinance authorizing the issuance of General
Obligation Bonds in the maximum amount of
$26,300,000 for various public facilities and
general improvements.
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 William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
John L. Perry
AN ORDINAMCF AUTI[OPIZING THE ISSUANCE OF
GENERAL OBLIGATION BONDS OF TIIE CITY OF
VIRGINTA REACII, VIRCINLA, IN TIIE KAXIMUM
AMOUNT OF $26,300,000 FOR VAPrO[fS PUBLIC
FACILITIES AND GENERAL IMPROVEMENTS
WHEREAS, tlie City desires to autliorize the issliazice of general obligatioll
public iniproveiiieiit boiids for various purposes in tlie iiiaxiiiiuni aniount of
$26,300,000 WitlIOLIt SUbniitting tlie questions of tlieir iSSLianCe to tile qualified
voters;
BE 11' OPDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
1. It is hereby determined to be necessary aiid evpedient for the Ciry of
Virginia Beach, Virginia (the City), to constrlict and improve various public
facilities ar2d gei2eral iniprovements, all of which will proniote the public welfare
of the City and its inhabitants and will facilitate the orderly growth, develop-
nient and gerieral welfare of tlie City, and to firiance tlie costs thereof thrOLigh
the borrowing of $26,300,000 and issuitig the City's general obligations borlds
therefor.
2. Pursuaric to the City Chart:er and the Ptiblic Finance Act, there are
hereby authorized to be iSSLIed pliblic iinprovement bonds of the City in tl2e
MaXiMLIM aMOUt2L Of $26,300,000, to provide fLlr2ds, toget7her wit-h ot:her ftinds that
may be available, for followizig plirposes:
Scliool projects, incltiding site acqtiisit:ioll $ 7,648,000
and iniprovement7s, plar2nizig, desigil, colistruct:ioll,
renovation, exparision, equippiiig and ftiriiishilig of
schools and related facilities.
Engineering and Iiighway projects, irlClL,ding sit'? 10,447,820
acq.isitiori and iiiiproveinents, desigii, plaiii2ii7g,
constrLICtion, iniproveinent., replaceinent, expar2sion
and extel2Sion of street7s, flighways and bridges.
Draiiiage projects, iticltidirig dredgiiig the Eastern 1,212,607
Braiich of the Lyr2ilhaven River.
Btiilding projects, iiicllidiiig site acquisition and 6,991,5@'3
iiiiprovenients, design, plaiining, construction,
jinproveinents, renovation, expansion, equipping and
fLirnishing of the Keijipsville Public Safety and
Library Services facilities, tile Correction Cent:er,
Fire Station #22-Dianiond Springs, and Fire Station
#3-London Bridge.
$26@300 -QOO
A12y amount not izeeded for any of such purposes may be LISed for any ot:her
df such purposes. The bonds may be issued as a separate issue or combined with
bonds authorized for otlier purposes ai2d sold as part of a combined issue of
pLiblic improveinent bonds.
3 . 7'lie bor2ds sliall bear sucti date or dates, mat:tire as sucli time or tia@es
iiot exceeding 40 ye,2rs froiii their datts, bear iiiterest at such i-ate or rates iiot.
to exceed the iiiaxiMLim rate authorized by law at: the time the bonds are sold, be
in SLIch denon2inations and foriii, be exec,,ted iri sl@ch nianner and be sold at s,icil
tiine or times and iri such iiianner as the Council niay liereafter provide by ap-
propriate resolutiorl or resolutior7s.
4. The bonds shall be general obligatioris of the City for the payment of
prii2cipal of and interest on wliich its full fairli and credit shall be irrevocably
pledged.
5. This ordinance shall be in full force and effect from its passage.
Adopted by che Council of the City of Virginia Beach, Virginia on the
day of 1988.
Approved:
Mayor, City of Virginia Beach, Virginia
FIRST PEADING: December 12, 1988
SECOND PEADING:
KAR17 BONDORD.88
Note: A two-thirds vote of City Council is required for Adoption.
2
- 43 -
Item I I I -11. I.e
RESOLUTIONS/ORDINANCES ITEM # 30509
CAPITAL IMPROVEMENT PROGRAM
OPTION B
Upon motion by Vice Mayor Fentress, seconded by Counci lman Baum, City Counci I
APPROVED upon FIRST READING:
Ordinance authorizing the issuance of water and
sewer system Revenue Bonds in the maximum amount of
$17,800,000.
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 William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
John L. Perry
1 AN ORDINANCE AUTHORTZING THE
2 ISSUANCE OF WATER AND SEWER SYSTEM
3 REVENUE BONDS OF THE CITY OF
4 VIRGINIA BEACH, VIRGINIA, IN THE
5 MAXIMUM AMOUNT OF $17,800,000
6 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
7 VIRGINIA BEACH, VIRGINIA:
8 1. it is hereby determined to be necessary and
9 expedient for the City of virginia Beach, virginia (the City), tO
10 continue its program of improving and extending its water and
11 sewer system (the System) which will promote the public welfare
12 of the City and its inhabitants and will facilitate the orderly
13 growth, development and general welfare of the City, and to
14 finance the costs thereof through the borrowing of $17,800,000
15 and issuing tlie City's revenue bonds therefor.
16 2. Pursuant to the City Charter and the Public Finance
17 Act, there are hereby authorized to be issued water and sewer
18 system revenue bonds of the City in the max.Lmum amount of
19 $17,800,000 to provide funds, together with other available funds
20 for financing the costs of improvements to the System.
21 3. The bonds shall bear such date or dates, mature at
22 such time or times not exceeding 40 years from their dates, bear
23 interest at such rate or rates not to exceed 15% per year, be in
24 such denominations and form, be executed in such manner and be
25 sold at such time or times and in such manner as the City C'ouncil
26 may hereafter provide by appropriate resolution or resolut.'Ions.
27 4. The System is an undertaking froin which t@ihe City
28 may derive a revenue. The bonds shall be limited obligat.ions of
29 the City, payable as to principal, premium, if any, and interest
30 solely from the revenues derived by the City from the System, and
31 shall not be included within the otherwise authorized
32 indebtedness of the City. The bonds shall not be deemed to
33 create or constitute an indebtedness of or a pledge of the faith
34 and credit of the Commonwealth of Virginia or of any county,
35 city, town or other political subdivision of the Commonwealth,
36 including the City, and shall so state on their face. The
37 issuance of the bonds and the undertaking of the covenants,
38 conditions and agreements to be contained in resolutions to be
39 adopted or agreements to be entered into hereafter shall not
40 directly, indirectly or contingently obligate the ColTunonwealth,
41 tlic city or any other political subdivision of the Commonwealth
42 to levy and collect any taxes whatsoever or make any
43 appropriation therefor, except from the revenues pledged to the
44 payment of the principal of and premium, if any, and interest on
45 the bonds.
46 S. Such resolutions to be adopted and agreements to be
47 entered into hereafter authorizing the issuance of the bonds and
48 providing the details thereof shall contain appropriate covenants
49 requiring the City to fix, charge and collect such rates, fees
50 and otlier charges for the use of and the services furnished by
51 the System and to revise the same from time to time and as often
52 as shall be necessary so as to produce sufficient net revenues to
53 pay principal of and premium, if any, and interest on the bonds
54 as the same become due and to provide a niargin of safety
55 therefor. Such resolutions and agreements shall also include
56 such additional covenants, agreenionts and other terins as are
57 customary for the protection of the holders of water and sewer
58 revenue obligations.
59 6. This ordinance shall be in full force and effect
60 from its passage.
61 ADOPTED by the Council of the City of V'irginia Beach,
62 Virginia, this day of December, 1988.
63 (SEAL) APPROVED:
6 4
65 Mayor
66 ATTEST:
67
68 erk
69 FIRST READING: December 12, 19888
70 SECOND READING:
71 LLL/lmt
72 1 2 / 6 / 88
73 CA-03055
74 \ordin\proposed\17800000.pro
2
- 44 -
Item 111-H.I.f
RESOLUTIONS/ORDINANCES ITEM # 30510
CAPITAL IMPROVEMENT PROGRAM
OPTION B
Upon motion by Councilman Heischober, seconded by Councilman Moss, City Council
APPROVED upon FIRST READING:
Ord 1 nance estab I i sh i ng the tax I evy on rea I estate
at 92.2 cents, effective July 1, 1989.
*This item was brought forward after 111-H.l.a.
Voting: 8-2
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Reba S. McClanan, John
D. Moss, Nancy K. Parker and William D. Sessoms, Jr.
Council Members Voting Nay:
Barbara M. Henley and Mayor Meyera E. Oberndorf
Council Members Absent:
John L. Perry
AN ORDINANCE FSTABLISHING THE TAX LEVY
ON REAL ESTATE FOR TAX FISCAL YEAR 1989
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
Section 1. AMOUNT OF LEVY ON REAL ESTATE.
There shall be levied and collected for fiscal year 1989 taxes for
general purposes on all real estate, not exempt from taxation and not otherwise
provided for in this Ordinance, at the rate of rr afid-f-@"m@ ninety-
two and two-tenths cents El-.41-S4 ($.922) on each one hundred dollars ($100) of
assessed valuation thereof. The real property tax rates which have been prescri-
bed in this section shall be applied on the basis of one hundred percentum of the
fair market value of such real property except for public service real property
which shall be on the basis as provided in Section 58.1-2604 of the Code of
Virginia, as amended.
Section 2. AMOUNT OF LEVY ON "CERTIFIED POLLUTION CONTROL EQUIPMENT
AND FACILITIES" CLASSIFIED AS REAL ESTATE.
In accordance with Section 58.1-3660 (A) of the Code of Virginia
(1950), as amended, there shall be levied and collected for general purposes for
fiscal year 1989, taxes on all real estate certified by the Commonwealth of
Virginia as "Certified Pollution Control Equipment and Facilities" not exempt
from taxation, at the rate of r,@ arid-f-ice @H" ninety-two and two-
tenths cents (-"I-S-) ($.922) on each one hundred dollars ($100) of assessed
valuation thereof. The real property tax rates imposed in this section shall be
applied on the basis of one hundred percentum of fair market value of such real
property.
Section 3. CONSTITUTIONALITY.
That if any part or parts, section or sections, sentences, clause, or
phrase of this Ordinance is for any reason declared to be unconstitutional or
invalid, such decision shall not affect the validity of the remaining portion of
this Ordinance.
Section 4. EFFECTIVE DATE.
This Ordinance shall be effective on the 1st day of July, 1989.
Adopted by the Council of the city of Virginia Bea cA' -- @gtd@ONTENTS
day of 1988.
Sil@All,,
First Reading: December 12, 19988
Second Reading:
APPROVED AS TO LEGAL
s
- 45 -
Item 111-H.I.f
RESOLUTIONS/ORDINANCES ITEM # 30511
CAPITAL IMPROVEMENT PROGRAM
OPTION B
Upon motion by Vice Mayor Fentress, seconded by Counci lwoman Henley, City
Council APPROVED upon FIRST READING:
ordinance authorizing the issuance of General
Obligation Bonds in the maximum amount of
$8,000,000 for road, highway and bridge purposes.
A N D, ADOPTED, AS AMENDED:
Resolution in connection with the authorization of
the issuance of General Obligation Bonds in the
maximum amount of $8,000,000 for road, highway and
bridge purposes.
Voting: 8-2
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 and William D.
Sessoms, Jr.
Council Members Voting Nay:
Reba S. McClanan and Nancy K. Parker
Council Members Absent:
John L. Perry
1 A RESOLUTION IN CONNECTION WITH THE
2 AUTHORIZATION OF THE ISSUANCE OF
3 GENERAL OBLIGATION BONDS OF THE
4 CITY OF VIRGINIA BEACH, VIRGINIA,
5 IN THE MAXIMUM AMOUNT OF $8,000,000
6 FOR ROAD, HIGHWAY AND BRIDGE
7 PURPOSES
8 WHEREAS, the City Council of the City of Virginia
9 Beach, virginia (the "Council"), has adopted on the date hereof
10 an ordinance entitled "An Ordinance Authorizing the Issuance of
11 General Obligation Bonds of the City of Virginia Beach, Virginia,
12 in the Maximum Amount of $8,000,000 for Road, Highway and Bridge
13 Purposes" (the "Ordinance"); and
14 WHEREAS, the Council desires to set forth its intention
15 that none of such bonds shall be issued pursuant to the ordinance
16 until the Council has increased real estate taxes or other
17 revenue to support the debt service on such bonds and until a
18 Growth-Management--Plan Transfer of Development Rights Plan and
19 such other mechanisms for growth management for that portion of
20 the City below the Green Line has been developed and approved by
21 City Council;
22 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE
23 CITY OF VIRGINIA BEACH, VIRGINIA, that it is the intention of the
24 Council that none of the bonds authorized by the Ordinance shall
25 be issued until the Council has adopted an increase in the rate
26 of the real property tax or other revenue which would generate
27 revenues in an amount not less than the average annual debt
28 service on the bonds, and that the Bonds authorized pursuant to
29 the ordinance shall not be issued until such time as the Council
30 has developed and approved a Transfer of Development Rights Plan
31 and such other mechanisms for growth management for that portion
32 of the City below the
33 Green Line;
34 Adopted by the Council of the City of Virginia Beach,
35 virginia on 12 day of December 1988.
36 LLL/lmt
37 12/7/88
38 12/12/88
39 CA-03064
40 \ordin\noncode\8000000.res
AN ORDINANCE AUTHORIZING THE
ISSUANCE OF GENERAL OBLIGATION
3 BONDS OF THE CITY OF VIRGINIA
4 BEACH, VIRGINIA, IN THE MAXIMUM
5 AMOUNT OF $8,000,000 FOR ROAD,
6 HIGHWAY AND BRIDGE PURPOSES
7 WHEREAS, the city of Virginia Beach, Virginia, may
8 issue up to $8,000,000 of general obligation bonds in any
9 calendar year for road, highway or bridge purposes without
10 submitting the question of their issuance to the qualified voters
11 provided that the City has met the requirements of Section 6.05:2
12 of the City Charter; and
13 WHEREAS, the City desires to authorize the issuance of
14 general obligation public improvement bonds for road, laighway and
is bridge purposes in the maximum amount of $8,000,000 without
16 submitting the question of their issuance to the qualified
17 voters;
18 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
19 BEACH, VIRGINIA:
20 1. It is hereby determined to be necessary and
21 expedient for the City to undertake a program of road, highway
22 and bridge improvements, all of which will promote the public
23 welfare of the City and its inhabitants and will facilitate the
24 orderly growth, development and general welfare of the City, and
25 to finance the costs thereof through the boi:rowing of $8,000,000
26 and issuing the City's general obligation bonds therefor.
27 2. Pursuant to the City Charter, including Section
28 6.05:2, and the Public Finance Act, there are hereby authorized
29 to be issued general obligation bonds of the City in the maximum
30 amount of $8,000,000, to provide funds, together with other funds
31 that may be available, to undertake a program of road, highway
32 and bridge improvements. The bonds may be issued as a separate
33 issue or combined with bonds authorized for other purposes and
34 sold as part of a combined issue of public improvement bonds.
35 3. The bonds shall bear such date or dates, mature at
36 such time or times not exceeding 40 years from their dates, bear
37 interest at such rate or rates not to exceed the maximum rate
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38 authorized by law at the time the bonds are sold, be in such
39 deriominations and form, be executed in such manner and be sold at
40 such time or Limes and in such iiianner as the Council may
41 hereafter provide by appropriate resolution or resolutions.
42 4. The bonds shall be general obligations of the City
43 for the payment of principal of and interest on which its full
44 faith and credit shall be irrevocably pledged.
45 5. This ordinance shall be in full force and effect
46 from its passage.
47 Note: A two-thirds vote of city council is required
48 for adoption.
49 Adopted by the Council of the City of Virginia Beach,
50 Virginia on day of 1988.
51 Approved:
5 2
53 Mayor, City of
54 Virginia Beach, Virginia
55 FIRST READING: December 12, 1988
56 SECOND READING:
57 LLL/lmt
58 12/6/88
59 CA-03054
60 \ordin\proposed\8000000.pro
2
- 46 -
Item III-H.l.g
RESOLUTIONS/ORDINANCES ITEM # 30512
CAPITAL IMPROVEMENT PROGRAM
OPTION B
BY CONSENSUS, City Council AUTHORIZED:
Reallocation of appropriations among three
projects: 2-080 Indian River Road-Phase V, 2-810
Centerville Turnpike-Phase IA, 2-111 Centerville
Turnpike-Phase IB. These will result in no net
increase to the overall CAPITAL IMPROVEMENT
PROGRAM.
- 47
Item 111-ti.2.
RESOLUTIONS/ORDINANCES ITEM # 30513
Upon motion by Counci lman Baum, seconded by Counci lman Moss, City Counci I
ADOPTED:
Resolution endorsing the CITY OF VIRGINIA BEACH
1989 LEGISLATIVE PROPOSALS and directing the City
Manager to forward a copy of this resolution with
the proposals to each member of the General
Assembly representing the City of Virginia Beach,
Virginia.
OTHER ISSUES
5. Alternates to Board of Zoning Appeals
6. Assumption of Tourist Establishment Inspections
7. Back Bay Restoration
8. Civil Penalties for Violations of Zoning Ordinances
*9. Commisslon on Transportation in the 2]st Century.
10. Direct Election of School Board
11. Educational Appropriation Criteria
12. Funding of Education
13. Health and Related Insurance for City Employees
14. Increase In Court Fees
15. Indigent Health Care
16. Merchants Capital Tax
17. Non-Tidal Wetlands
18. Pendleton Child Service Center
19. Runaways and Secure Detention
20. Tax Exemption for Water Works Equipment
21. Tree Protection
22. VSRS For Council Members
AGRICULTURAL ISSUES
1. Farmers Wholesale Markets
2. State Registration for New Pesticides
3. Cleanup of Back Bay and North Landing Watersheds
4. Non-Tidal Wetlands
5. Land Use Assessment
*Item 9 was AMENDED to reflect all funds received through the Local Option Gas
Tax, would be returned to the governing body of the jursidiction within which
the revenue was derived. The funds shall be available for any transportation
system use.
48
Item 111-H.2.
RESOLUTIONS/ORDINANCES ITEM # 30513 (Continued)
Voting: 10-0
Council Membors 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:
None
Council Members Abstaining:
Harold Heischober ABSTAINED on Item 9 (Transportation
in the 21st Century) as he serves on the House Joint
Resolution 125 Study Committee.
Council Members Absent:
John L. Perry
*Councilman Fentress voted a Verbal Nay on Item 6, (Assumption of Tourist
Establisihment Inspections) and Item 10 (Direct Election of School Board)
**Councilman Sessoms Voted a Verbal Nay on Item 6 (Assumptlon of Tourist
Establishment Inspections)
Councilman John Moss DISCLOSED his wife is a teacher in the Virginia Beach
School System pursuant to Section 2.1-639.14E of the Code of Virginia,
Annotated.
Councilman Moss referenc(-d a letter of DECLARATION to the City Clerk dated
March 30, 1988. Councilman Moss advised his wife's representation as a member
of the School System did not inhibit him from participating in this transaction
fairly, objectively and in the public's best interesf.
R E S 0 L U T I 0 N
WHEREAS, the Council of the City of Virginia Beach,
Virginia, has reviewed the presentation concerning certain non-
Charter change legislative proposals; and
WHEREAS, after due consideration, the Council is of the
opinion that such proposals would be beneficial to the citizens
of the City.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE
CITY OF VIRGINI A BEACH, VIRGINIA that the document attached and
entitled "CITY OF VIRGINIA BEACH 1989 LEGISLATIVE PROPOSALS" is
hereby endorsed by the Council as the city's official legislative
requests and recommendations for the 1989 Session for other than
changes to the City's Charter.
The City Manager is hereby directed to forward a copy
of this resolution with the proposals to each member of the
General Assembly representing the City of Virginia Beach,
Virginia.
Adopted by the Council of the City of Virginia Beach on the 12
day of December, 1988.
- 49 -
Item 111-11.3.
RESOLUTIONS/ORDINANCES ITEM # 30514
Upon motion by Vice Mayor Fentress, seconded by Counci Iman Moss, City Counci I
ADOPTED:
Resolution requesting the General Assembly to
approve an amendment to the Enabling Legislation of
the City ot Virginia Beach Development Authority.
Voting: 9-1
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Reba S. McClanan, John
D. Moss, Mayor Meyera E. Oberndorf , Nancy K. Parker
and William D. Sessoms, Jr.
Council Members Voting [lay:
Barbara M. Henley
Council Members Absent:
John L. Perry
1 A RESOLUTION REQUESTING THE GENERAL ASSEMBLY
2 TO APPROVE THE ATTACHED AMENDMENT TO THE
3 ENABLING LEGISLATION OF THE CITY OF VIRGINIA
4 BEACH DEVELOPMENT AUTHORITY
5 WHEREAS, the City of Virginia Beach Development Authority
6 (the Authority) was created by Chapter 643 of the Acts of
7 Assembly of 1964, as amended (the Act), for the purposes of
8 promoting industry, developing trade and increasing commerce
9 within the Commonwealth of Virginia and the City of Virginia
10 Beach; and
11 WHEREAS, the Authority has found that amending its enabling
12 legislation as indicated in the Authority's resolution of October
13 11, 1988 will help to promote industry, develop trade and
14 increase commerce within the City of Virginia Beach; a copy of
15 said resolution having been attached to this resolution and
16 incorporated by reference; and
17 WHEREAS, the Council of the City of Virginia Beach agrees
18 with this finding, and endorses the proposed amendment to the
19 Authority's enabling legislation:
20 NOW, THEREFORE, BE TT RESOLVED BY THE COUNCIL OF THE
21 CITY OF VIRGINIA BEACH, VIRGINIA:
22 1. The City Council approves and endorses the Authority's
23 request for the amendment to its enabling legislation attached to
24 this resolution.
25 2. The City Council petitions the General Assembly to enact
26 the amendment to the Authority's enabling legislation in the form
27 as attached to this resolution.
28 3. City Staff are authorized to take such action as may be
29 directed by City Council or as may be requested by the General
30 Assembly or the Authority to aid in the enactment of the
31 amendment of the Authority's enabling legislation.
32 Adopted by the City Council of the City of Virginia Beach,
3 3 Virginia, on the 12th day of December 1 1988.
34 KJC/dhh
35 CA-88-3060
36 DAAMEND.RES
37 12/01/88
e
A RESOLUTION REQUESTING THE GENERAL ASSEMBLY
TO APPROVE A CHANGE IN THE VIRGINIA BEACH
DEVELOPMENT AUTHORITY'S ENABLING LEGISLATION
WHEREAS, the Development Authority of the City of Virginia
Beach (the Authority) was created by Chapter 643 of the Acts of
Assembly of 1964, as amended (the Act), for the purpose of
promoting industry, developing trade and increasing commerce
within the Commonwealth of Virginia and the City of Virginia
Beach; and
WHEREAS, high school and grammar school educational
facilities within Virginia Beach provide employment and therefore
promote trade and commerce within Virginia Beach; and
WHEREAS, other Industrial Authorities and Development
Authorities have the power to issue bonds to help finance
educational facilities of a non-religious nature; and
WHEREAS, it is the Authority's desire that the attached
proposed change to its enabling legislation be submitted to the
General Assembly for its approval and adoption:
NOW, THEREFORE, BE IT RESOLVED BY THE DEVELOPMENT AUTHORITY
OF THE CITY OF VIRGINIA BEACH:
1. The attached proposed amendment to the enabling
legislation of the Authority will help to promote industry,
develop trade and increase commerce within the City of Virginia
Beach, and, therefore shall be submitted to the General Assembly,
and the General Assembly shall bc petitioned to enact said
proposed amendment.
2. The officers of the Authority are authorized to take
such further steps as may be requested or rcquircd by either the
City Council of the City of virginia Beach or thc General
Assembly to aid in the passage of the proposed amendment.
Adopted by a quorum of the Development Authority of the City
of Virginia Beach, Virginia, on 1988.
SEAL
2
An Act to Amend Chapter 643 of the Acts of Assembly
of 1964 by Adding a Section Numbered 11.2, the Added
Section Relating to the City of virginia Beach
Development Authority
BE IT ENACTED BY THE GENERAL ASSEMBLY OF VIRGINIA:
1. It is the intent of the legislature and shall be
the policy of the Commonwealth to grant to the City of Virginia
Beach Development Authority, the powers contained herein with
respect to educational facilities whose primary purpose is to
provide education and not to provide religious training or
theological education, to the end that such authority may protect
and promote the welfare, convenience and prosperity of the inha-
bitants of the Commonwealth by assisting in the acquisition,
construction, equipping, expansion, enlargement, improvement,
financing and refinancing of such facilities, and to vest said
authority with all powers that may be necessary to enable it to
accomplish such purposes, which powers shall be exercised for the
benefit of the inhabitants of the Commonwealth and for the promo-
tion of their welfare, convenience and prosperity. Chapter 643
of the Acts of Assembly of 1964 is amended and reenacted and such
Chapter is amended by adding a section numbered 11.2 as follows:
SS11.2. The City of Virginia Beach Development
Authority, in addition to all the powers to
issue bonds as are conferred in this act, in
order to protect and promote the welfare, con-
venience and prosperity of the inhabitants of
the City of Virginia Beach and in order to
provide improved educational facilities for
the use of the inhabitants of the City, shall
have the power to issue bonds to pay all or
any part of the cost of the acquisition,
construction, equipping, expansion, enlarge-
ment or improvement of facilities for institu-
tions of education in the City whose primary
purpose is to provide education and not to
provide religious training or theological edu-
cation, such facilities being for use as aca-
demic or administrative buildings or any other
structure other than chapels and their like.
2 All proceedings heretofore taken to provide for or
with respect to the authorization, issuance, sale, execution or
delivery of bonds by or on behalf of the City of Virginia Beach
Development Authority in respect to institutions of education
whose primary purpose is to provide education and not to provide
religious training or theological education, are hereby vali-
dated, ratified, approved and confirmed, and any such bonds so
issued shall be valid, legal, binding and enforceable obligations
of such authority.
mbh/19205/000
gaa.c
- 50 -
Item 111-H.4.
RESOLUTIONS/ORDINANCES ITEM # 30515
Upon motion by Counci lman Sessoms, seconded by Counci Iman Baum, City Counci I
ADOPTED:
Resolution requesting the State and Federal
Governments to enact stronger ocean dumping
regulatlons.
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 William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
John L. Perry
1
2
3
4 A RESOLUTION REQUESTING THE STATE
5 AND FEDERAL GOVERNMENTS TO ENACT
6 STRONGER OCEAN DUMPING REGULATIONS
7
8
9 WHEREAS, the City of Virginia Beach is located on the
10 Atlantic Ocean at the mouth of the Chesapeake Bay; and
11 WHEREAS, the City of Virginia Beach has 38 miles of
12 ocean and bay coastline together with hundreds of miles of
13 estuarine shoreline within its jurisdictional limits; and
14 WHEREAS, these envirorlmental resources are vital to
15 the local economy and quality of life; and
16 WHEREAS, these envirorlmental resources along with
17 millions of visitors and residents are threatened by the
18 inappropriate dumping of solid and hazardous wastes offshore
19 which wash ashore on local beaches; and
20 WHEREAS, incidents of such wastes washing ashore have
21 increased with significant adverse affects on the health, safety
22 and welfare of a number of local jurisdictions.
23 NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF
24 THE CITY OF VIRGINIA BEACH urges the Congress of the United
25 States and the General Assembly of the Commonwealth of Virginia
26 to enact stronger ocean dumping regulations together with
27 increased monitoring and enforcement programs aimed at the
28 protection of these vital coastal resources from such
29 degradation.
30 BE IT FURTHER RESOLVED that the City Clerk is hereby
31 directed to send a copy of this Resolution to the local members
32 of the Virginia General Assembly and the United States Congress.
3 3
34 DSH/awj
35 11/30/88
36 Ocean.Res
37 CA-3046
38 APPkc,-@,,L)
SIG.N U@C
DEPARTMENT
.APPR(@-\Ir@ A@ 7@-I A,I-
su@
5 1
Item 111-H.4.
RESOLUTIONS/ORDINANCES ITEM # 30515
A MOTION was made by Counclman Heischober, seconded by Counci lwoman Parker to
ADOPT a Resolution requesting the General Assembly to adopt legislation
creating the Virginia Beverage Container Recycling Act.
A SUBSTITUTE MOTION was made by Counci Iman Sessoms, seconded by Vice Mayor
Fentress to DEFER a Resolution requesting the General Assembly to adopt
legislation creating the Virginia Beverage Container Recycling Act. Said MOTION
was WITHDRAWN.
Upon motion by Counci Iman Heiscliober, seconded by Counci lwoman Parker, City
Council ADOPTED:
Resolution r(,questing the General Assembly to adopt
legislation creating the Virginia Beverage
Container Recycling Act.
Voting: 8-1
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Harold Heischober,
Barbara M. Henley, Roba S. McClanan, John D. Moss,
Mayor @leyera E. Oberndorf, Nancy K. Parker
Council Members Voting Nay:
William D. Sessoms
Council Members Abstaining:
Vice Mayor Robert E. Fentress
Council Members Absent:
John L. Perry
1
2
3
4 A RESOLUTION REQUESTING THE GENERAL
5 ASSEMBLY TO ADOPT LEGISLATION
6 CREATING THE VIRGINIA BEVERAGE
7 CONTAINER RECYCLTNG ACT
8
9
10 WHEREAS, a high quality of life and the environment is
11 important to attracting industry and tourism to the City of
12 Virginia Beach; and
13 WHEREAS, solid waste management and the potential
14 abuses of solid waste disposal practices are of great concern to
15 the City of Virginia Beach; and
16 WHEREAS, disposal of solid waste in landfills is
17 becoming increasingly difficult and expensive due to the amount
18 of fill being placed therein and to concerns over siting,
19 operations and closing; and
20 WHEREAS, the proposed legislation contained in Senate
21 Bill 252 to create a virginia Beverage Container Recycling Act
22 may help alleviate some of the problems associated with the many
23 containers made of aluminum, glass, non-aluminum metals, plastic
24 and other beverage containers now being deposited in landfills
25 and/or discarded as trash, littering our highways and other
26 public and private properties.
27 NOW, THEREFORE, BE IT RESOLVED, BY THE COUNCIL OF THE
28 CITY OF VIRGINIA BEACH, that the General Assembly is requested to
29 approve a container recycling act similar to Senate Bill 252
30 introduced in the 1988 General Assembly, in order to reduce the
31 amount of solid waste to be disposed in landfills and/or which
32 may litter our highways and other public and private properties.
33 BE IT FURTHER RESOLVED, that the City Clerk is hereby
34 directed to send a copy of this Resolution to the local members
35 of the Virginia General Assembly.
36 BE IT RESOLVED by the Council of the City of Virginia
37 Beach, Virginia on this 1 2 day of December
AFPK(.)VED T(i
38 1988.
39 DSH/awj
40 Beverage.Res
41 11/29/88
42 CA-3057
43
APPROVEDAS'[-
@SUFFIC'-@'CY AND
- 52 -
ltem 111-H.6.
RESOLUTIONS/ORDINANCES ITEM # 30516
Upon motion by Counc i I woman Hen I ey, seconded by Counc i I man Moss, C i ty Counc I i
ADOPTED upon SECOND READING:
Ordinance upon to APPROPRIATE $75,000 to the
Department of Mental Health/Mental Retardation and
Substance Abuse for short term local inpatient
psychiatric care.
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 William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
John L. Perry
AN ORDIWCE TO APPRO $75,000 TO
DEp oF mEarAL HEALAH RERARDATION AND SUBSTANCE ABLJSE
FOR SHORR TERM LDCAL INPATMU PSYCHIATRIC CARE
the state De t of Mental Health, Mental Retardation and
Substance Abuse ServicP-s continues to seek al tives for psychiatric care in
order to ease the pressures on Eastern State HosPital and,
wHEREAS, the state has recognized the success which the Vi@inia Beach
De t of Mental Health/Mental Retardation and Substarice Abuse has had in
I
diverting admissiorls to Eas@ State by use of locally available inpatient
trea@t, and
the Vi@ia Beach Department of Mental Health/ Mental Retardation
and Substance Abuse, recognizing the advantage to the client of mmining in the
support c=mity, has agreed to an objective of an average adult daily census in
Eastern state Hospital of nine, and
, the state has provided funds in the amomt of $75,000 to pay for
treatment of Vi@ia Beach clients diverted to local inpatient care,
NOW RE BE rr 0 BY nE OOMCIL OF @ CrrY OF @@ BEACH,
VIRGINIA that funds in thp- of $75,000 be appropriated by the City of
Vi@ia Beach to pay for local treatment for clients diverted frcm Eastern State-
Hospital and that revenue fran the C=nonwealth be by $75,000.
,Ihis ordinance shall be effective frcm the date of its adoption.
Adopted by the council of the City of Virginia Beach, virginia on
the 12 @y of December , 1988.
First Readirig December 5, 1988
secorxi Rp-adincj December 12, 1988
C
- 53 -
Item 111-H.7.
RESOLUTIONS/ORDINANCES ITEM # 30517
Upon motion by Vice Mayor Fentress, seconded by Counci Iman Sessoms, City
Council APPROVED upon FIRST READING:
Ordinance upon to APPROPRIATE $68,994 and TRANSFER
$130,241 within the Sheriffis Department operating
budget for a food services contract.
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 William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
John L. Perry
AN ORD To IN T[IE OF $68,994
AND TRANSFER $130,241 THE WMIFF'S
OPERATIW. BUDGET EM A FOOD SERVICES
the cost per i @ te meal for providing food and food services to
imnates for FY87-88 was $1.12, and that cost has increased for FY88-89 to a
projected $1.18, and
, an outside contractor can provide the same service at an average
cost per imate mal of $.855, and
, bids were solicited fran contractors to provide food and food
services to the inmates, and the lowest bid for an annual oontract is $398,671,
resulting in $199,335 required for the period of January 1, 1989 ttirough June 30,
1989, and
, funds in the amunt of $130,241 are available for transfer within
the Sheriff's Departmnt operating budget, and
, additional appropriations of $68,994 will be offset by increased
revenues as reinibursements frofn the Comwnwealth for jail @rises, and will
provide the additionally required @nt for the contract.
NOW, , HE Tr O"JNED 13Y THE OOLIWIL OF THE CITY OF VIRGINIA BMM,
VnEINIA, that funds in the wmnt of $68,994 be appropriated to the Sheriff's
Departmnt FY88-89 Operating Budget for a food and food seriice contract, and
BE Tr , tbat funds in the amount of $130,241 be trarlsferred
within the Sheriff's Departinent FY88-89 Cperating Budget for a food and food
service contract, and
BE IT FURTEM that estiniated revenues from the Cmmnwealth be
increased by $68,994 to offset these expenditures.
This ordinance shall be in effect frorn the date of its adoption. Adopted by
the Council of the City of Virginia Beach, Virginia, on the day of
, 1988.
FIRST @IW.: December 12, 1988 SECOND REPJ)IW.;
CH mm sam(ms
AND ION
The Sheriff's Departrnent is requesting the transfer of $130,241 and
additional appropriations of $68,994 in order to contract for pr(yviding mals to
the inniates. ilhese funds will be sufficient for the contract frcin January 1
through June 30, 1989.
One of the major nents of the Sheriff's Departuent operatirig budget is
the odst for providing meals to the inmates of the Correction Center. These
costs are oonprised predcrninately of salaries and fringe benefits for the @s
(4) plus the cost of buying the food products and related food service itens.
Sal- ies and Fringe Benefits - The Sheriff's Department is reimbursed 100%
ot the salr ies and the rpajor portion of fringe benefits for the four cook
positions. There are no reimbursements from the state for the cost of health
insurance ($900 per year x 4 = $3,600) nor the city-paid portion of the
employee's share of retir@nt ($54,572 total salaries x .1152 = $6,286/2
$3,143). This annualizl-d $6,743 in non-reimbursements frcm the state represents
city funds above and beyond those required by the oc)de of Virginia.
@ and @ Service ItEmns -- The @eriff's Departrient is reiinbursed fran
tlie state upon the total inffate population. Mis per them
reimbursement oc)nstitutes the block grant, and is intended to address all of the
cperating costs of a local jail facility, including the oost of feeding the
inniates.
Budgeted vs. Actual -- qbe FY88-89 Cperating Budget was prepared based upon
an average lation of 330, and provided Lhe basis for the
estintated block grant revenues in state reind)ursesnents, as well as expenditures,
how,ever, the Correction Center is presently experiencing an average daily inmate
population of 427. Additional appropriations in the form of reimburseffents frctn
the state will be received this fiscal year to address the inpact of this
pc)pulation.
Ccntract Advantaqes -- The present oost for providing meals to the irmates
is $1.18 per i@te nieal, which is an increase over the $1.12 cost in Fy87-88.
Me contractor can provide an enhanced level of service for $.855 per irunate
ireal. As the irunate pcpulation rises the oost per meal decreases. Fbr exaniple,
when the average i@te pc)pulation reaches 501, the cost per imute @al will be
$.825. The enhancements include additional staffir)g (two more cooks) and an in-
house training program for the imotes. Another benefit to contracting is the
transfer of liability fran the Sheriff's Department to the contractor.
Maintaining the present systern is estimated to require additional FY88-89
appropriations of $150,255, based upon year-to-date expenditures. Converting to
a oontract will require only $69,094 additional appropriations, with the
ac ying transfer of $130,241 in current appropriations.
The Caiipensation Bc)ard is aware of the oc)ntract, and has assured the
Sheriff's Departnient that there will be rio reduction in re@rsements as a
result of the contract. Those positions which will be transferred to the
oc)ntractor will be reflected on the state's payroll and will continue to be 100%
reimbursed. The city will also be saving the oost of additional fringe benefits
Page 2
for the transferred pc)sitions which are not reimbursed from the state. Since
block grant re@rsements are not fixed to actual expenditures, but based on the
inmate population, cost increases are applied to the total reiffbursenents. On
the other hand, if efficiencies are realized, total re@rsements from the state
excessive of actlial oosts are revenues to the city which are available for
reprc)graming.
Reecouieridation - Since (1) a private ContraCtor can provide enhanced
services at less cost, (2) the city will further realize the fringe benefits'
savings of the transferred cook positions, and (3) savings realized are available
for reprogranyning, it is, therefore, reccnmnded that the food services contract
be instituted.
FUNDTNG WORKSHEET
06034 CORRECTIONAL OPERATIONS
As of 12/31/88
APPROPRIATTONS EXPENDITURES BALANCE
Personal Services &
Fringe Benefits $ 68,811 34,406 34,406
Food & Food Services 3 3 2 , 6 6 1 2 3 6 , 8 2 6 9 5 , 8 3 5
130, 2 4 1
Appropriations required for Food
Service Contract 1/1/89-6/31/89 $199,335
Additional ftinding required for Contract 6 9 , 0 9 4
Additional funding required without Contract 150,255
VIRGINIA BEACH CORRECTIONAL CENTER FOOD COST ANALYSIS
FY1987-88 FOOD SERVICE COST INFORMATION
PERSONNEL (4) $ 66,516
FOOD AND FOOD SUPPLIES $413,788
TOTAL $480,304
AVERAGE NUMBER INMATES 327
NUMBER OF MEALS FEED 431,787
FY1987-88 FOOD SERVICE COST/MEAL $1.12
FY1988-89 FOOD SERVICE COST INFORMATION
PERSONNEL (4) $ 68,811
FOOD AND FOOD SUPPLIES $482,916
TOTAL $551,727
AVERAGE NU@IBER INMATES 427
NI)MBER OF MEALS FEED 467,565
FY1988-89 FOOD SERVICE COST/MEAL $1.18
1989 FOOD SERVICE CONTRACT INFORMATION
PERSONNEL (5) &
FOOD AND FOOD SUPPLIES $398,671
AVERAGE NUMBER OF INMATES 427-450
AVERAGE NUMBER OF MEALS FEED 470,850
1989 FOOD SERVICE COST/MEAL $ .855
**IF AVERAGE NUMBER OF INMATES
EXCEEDS 450 $ .845
54 -
Item
CONSENT AGENDA ITEM # 30518
Upon motion by Counci Iman Heischober, seconded by Counci Iman Balko, City
Council ADOPTED:
Odinance appointing viewers in the petition of W &
K Associates for the closure of a portion of
Whitehurst Landing Road.
The Viewers are:
David Grochmal Director of General Services
C. Oral Lambert, Jr., Director of Public Works
Robert J. Scott Director of Planning
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
ORDINANCE APPOIN ING VIEWERS
WHEREAS, W & K Associates, a virginia general
partnership, has given due and proper notice in accordance
with the statutes for such cases made and provided that they
will on the 12th day of December, 1988 apply to the City
Council of the City of Virginia Beach, Virginia for the
appointment of Viewers to view the below-described property
and report in writing to the Council whether, in the opinion
of said Viewers, any, and if any, what inconvenience would
result from the discontinuance of the hereinafter described
portion of that certain street of variable width, and has
filed such application with said Council.
NOW, THEREFORE, be it ORDAINED by the Council of
the City of Virginia Beach, Virginia that ROBERT J. SCOTT,
DAVID GROCHMAL and ORAL LAMBERT are hereby appointed to view
the below-described property and report in writing to the
Council on or before
whether in their opinion, any, and if any, what inconvenience
would result in the discontinuing and vacating of a portion
of those certain streets of variable width located in the
City of Virginia Beach, Virginia, and more particularly
described on the attached Exhibit A and be reference thereto
made a part hereof.
Adopted: December 12, 1988
KI'll I "I
EXHIBIT A
All that portion of Whitehurst Landing Road being
thirty (30) feet in width as shown on the attached
plat entitled "EXHIBIT PLAT OF PARCEL "All AT BIRNAM
WOODS (REF: MB 119, P 54)" dated September 14, 1988
and prepared by Talbot & Associates, Ltd., and
being more particularly described as follows:
Beginning at a point in the northern right of way
line of KEMPSVILLE ROAD (VARIABLE R/W), which said
point is the northwestern intersection of
WHITEHURST LANDING ROAD (30'R/W) and KEMPSVILLE
ROAD (VARIABLE R/W) as shown on said plat and from
said point of beginning, thence turning and running
N 20'1214211 W 256.45 feet to a point in the
southern right of way line of WHITEHURST IANDING
ROAD (601 R/W) as shown on said plat; thence
turning and running in a southeasterly direction
along a curve to the left having a radius of 290.29
feet, a distance of 70.08 feet to a point, which
said point is in the eastern line of WHITEHURST
LANDING ROAD (301 R/W) as shown on said plat;
thence turning and running S 20'1214211 E 150.16
feet to a point which said point is in the northern
right of way line of KEMPSVILLE ROAD (Variable R/W)
as shown on said plat; thence turning and running
along said northern right of way line of KEMPSVILLE
ROAD (Variable R/W) along a curve to the left
having a radius of 131.19 feet, a distance of 12.70
feet; thence continuing along said northern right
of way line of KEMPSVILLE ROAD (Variable R/W) along
a curve to the left having a radius of 936.34 feet,
a distance of 39.88 feet to a point, being the
point of beginning. A copy of said plat visually
describing the portion of the street referenced
herein is on file in the City Attorney's office of
the city of Virginia Beach.
(10/22/88)
jbh/docs/dwa.ord
State of Virginia AFFIDAVIT
City of Norfolk
This day UNA SAWYER personally
pppeared before me and after being dvly sworn made oath that:
I ) (He) (She) is affidavit clerk of VIRGINIAN PIL-OT-&- LEDGER STAR.
c, new@paper published b), Landmark Communications, Inc., in the cities of Norfolk, Portsmouth,
Chesapeake, Suffolk and Virginia Beach, State of Virginia;
f2) That the advertisement hereto on@iexed of NOTICF,
newspaper on the following dates: has been published in said
19 -8
AFF
Subscribed and sworn to before me in my city and state aforesaid this ---- - -
22nd day of NOV 19 88
My commission expires
9
"99T
NOTARY PUBLIC
U:
R
AS
D,
H
v"i
he
SHUTTLEWORTH, PULOFF, GIORDANO 8 KAHLE, PC.
ATTORNEYS AND CC)UNSELORS AT LAW
CRECORY A. GIORDANO 2809 5OUFH LYNNFIAVEN ROAD TELEPFIONE
ROBERT J. flADDAD (804) 431- 3100
JEFFREY B. HAMMAKER VIRGINIA BEACI 1, VIRC[NIA 23452
13OUGLAS E. KAFILE TELECOPIER
MARY KEATING 04) 431-3105
ROBFRT C, MORECOI-K DIREC-T DIAL NLIMI,EK
i,. j. Nu@r[ER, E[
ROBERI M. JIFEIFER 4:31- 3 156
RC@BERF E. RULOFF
A. BONWILL@ SJ IOC@KI EY
FFIOMAS B. S]iLlIll-EWORI-Ii
JEFFREY T. TALBER:L
October 25, 1988
CERTIFICATE OF VESTING OF TITLE
1. I am an attorney at law and represent the
applicant, W & K ASSOCiates, a Virginia general partnership.
2. That the records on file in the Clerk's Office of
the circuit Court of the City of Virginia Beach indicate that if
and when a portion of the streets described in the attached
Exhibit A are closed, title will vest in W & K Associates, a
virginia general partnership.
Very truly y
aker
JBH/jbh
jbh/docs/dwa.cert
EXHIBIT A
All that portion of Whitehurst Landing Road being
thirty (30) feet in width as shown on the attached
plat entitled "EXHIBIT PLAT OF PARCEL "All AT BIRNAM
WOODS (REF: MB 119, P 54)" dated September 14, 1988
and prepared by Talbot & Associates, Ltd., and
being more particularly described as follows:
Beginning at a point in the northern right of way
line of KEMPSVILLE ROAD (VARIABLE R/W), which said
point is the northwestern intersection of
WHITEHURST LANDING ROAD (30'R/W) and KEMPSVILLE
ROAD (VARIABLE R/W) as shown on said plat and from
said point of beginning, thence turning and running
N 20'1214211 W 256.45 feet to a point in the
southern right of way line of WHITEHURST LANDING
ROAD (601 R/W) as shown on said plat; thence
turning and running in a southeasterly direction
along a curve to the left having a radius of 290.29
feet, a distance of 70.08 feet to a point, which
said point is in the eastern line of WHITEHURST
LANDING ROAD (301 R/W) as shown on said plat;
thence turning and running S 20'1214211 E 150.16
feet to a point which said point is in the northern
right of way line of KEMPSVILLE ROAD (Variable R/W)
as shown on said plat; thence turning and running
along said northern right of way line of KEMPSVILLE
ROAD (Variable R/W) along a curve to the left
having a radius of 131.19 feet, a distance of 12.70
feet; thence continuing along said northern right
of way line of KEMPSVILLE ROAD (Variable R/W) along
a curve to the left having a radius of 936.34 feet,
a distance of 39.88 feet to a point, being the
point of beginning. A copy of said plat visually
describing the portion of the street referenced
herein is on file in the City Attorney's office of
the City of Virginia Beach.
(10/22/88)
IN THE MATTER OF CLOSING, VACATING AND
DISCONTINUING A PORTION OF THAT CERTAIN
STREET OF KNOWN AS WHITEHURST LANDING ROAD,
BEING THIRTY FEET IN WIDTH AND LYING
BETWEEN THAT PORTION OF WHITEHURST LANDING
ROAD WHICH IS SIXTY FEET IN WIDTH AND
KEMPSVILLE ROAD.
PETITION
TO: THE MAYOR AND THE MEMBERS OF THE COUNCIL
OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Your petitioners, W & K Associates, a Virginia
general partnership respectfully represent as follows:
1. That pursuant to the provisions of Section
15.1-364 of the 1950 Code of Virginia, as amended, the
petitioner applies for the vacating, closing, and
discontinuance of a portion of that certain street, which is
more specifically described on the attached Exhibit A and by
reference thereto, made a part hereof.
Said portions of the aforesaid streets are shown on
that certain plat entitled "EXHIBIT PLAT OF PARCEL "A" AT
BIRNAM WOODS (REF: MB 119, P 54)" dated September 14, 1988
and prepared by Talbot & Associates, Ltd., which plat is
attached hereto and made a part hereof and is intended to be
recorded with the ordinance closing the aforesaid street.
2. That no inconvenience will result to any
persons by reason of said closing, vacation, and
discontinuance of said street; and the petitioner prays that
this Honorable Council appoint viewers as provided by law to
view said platted street proposed to be closed and to report
in writing to the Council on or before the day of
, 1988, as to whether in the opinion
of said Viewers what inconvenience, if any, would result from
the discontinuance and closing of this portion of said
street, as herein reported and described.
3. That on the 10th and 17th days of November,
1988, Notice of presenting this Application was published in
accordance with Section 15.1-364 by having appeared in a
newspaper of general circulation at least twice with at least
six days lapsing between the first and second notice.
4. Petitioners are the equitable fee simple owners
of the land affected by this application.
W & K ASSOCIATES, A VIRGINIA
GENERAL PARTNERSHIP
By:
o s
Jeffrey B. Hammaker, Esquire
Shuttleworth, Ruloff, Giordano
and Kahle, P.C.
2809 S. Lynnhaven Road, Suite 230
Virginia Beach, Virginia 23452
(804) 431-3100
jbh/docs/dwa.petit
2
EXHIBIT A
All that portion of Whitehurst Landing Road being
thirty (30) feet in width as shown on the attached
plat entitled "EXHIBIT PLAT OF PARCEL "All AT BIRNAM
WOODS (REF: MB 119, P 54)" dated September 14, 1988
and prepared by Talbot & Associates, Ltd., and
being more particularly described as follows:
Beginning at a point in the northern right of way
line of KEMPSVILLE ROAD (VARIABLE R/W), which said
point is the northwestern intersection of
WHITEHURST LANDING ROAD (30'R/W) and KEMPSVILLE
ROAD (VARIABLE R/W) as shown on said plat and from
said point of beginning, thence turning and running
N 20'1214211 W 256.45 feet to a point in the
southern right of way line of WHITEHURST LANDING
ROAD (601 R/W) as shown on said plat; thence
turning and running in a southeasterly direction
along a curve to the left having a radius of 290.29
feet, a distance of 70.08 feet to a point, which
said point is in the eastern line of WHITEHURST
LANDING ROAD (301 R/W) as shown on said plat;
thence turning and running S 20'1214211 E 150.16
feet to a point which said point is in the northern
right of way line of KEMPSVILLE ROAD (Variable R/W)
as shown on said plat; thence turning and running
along said northern right of way line of KEMPSVILLE
ROAD (Variable R/W) along a curve to the left
having a radius of 131.19 feet, a distance of 12.70
feet; thence continuing along said northern right
of way line of KEMPSVILLE ROAD (Variable R/W) along
a curve to the left having a radius of 936.34 feet,
a distance of 39.88 feet to a point, being the
point of beginning. A copy of said plat visually
describing the portion of the street referenced
herein is on file in the City Attorney's office of
the City of Virginia Beach.
(10/22/88)
3
IN THE MATTER OF CLOSING, VACATING AND
DISCONTINUING A PORTION OF THAT CERTAIN
STREET OF KNOWN AS WHITEHURST LANDING ROAD,
BEING THIRTY FEET IN WIDTH AND LYING
BETWEEN THAT PORTION OF WHITEHURST LANDING
ROAD WHICH IS SIXTY FEET IN WIDTH AND
KEMPSVILLE ROAD.
NOTICE
PLEASE TAKE NOTICE that at the meeting of the City
Council of the City of Virginia Beach, Virginia, to be held
on the 12th day of December, 1988 at 2:00 p.m., the
undersigned will Petition the Council for the appointment of
Viewers to view the below-described portion of that certain
street and report to the City Council whether in the opinion
of the Viewers, what, if any, inconvenience would result from
the closing and discontinuance of same, the said portion of
said street being described as follows:
All that portion of Whitehurst Landing Road being
thirty (30) feet in width as shown on the attached
plat entitled "EXHIBIT PLAT OF PARCEL "All AT BIRNAM
WOODS (REF: MB 119, P 54)" dated September 14, 1988
and prepared by Talbot & Associates, Ltd., and
being more particularly described as follows:
Beginning at a point in the northern right of way
line of KEMPSVILLE ROAD (VARIABLE R/W), which said
point is the northwestern intersection of
WHITEHURST LANDING ROAD (30'R/W) and KEMPSVILLE
ROAD (VARIABLE R/W) as shown on said plat and from
said point of beginning, thence turning and running
N 20'1214211 W 256.45 feet to a point in the
southern right of way line of WHITEHURST LANDING
ROAD (601 R/W) as shown on said plat; thence
turning and running in a southeasterly direction
along a curve to the left having a radius of 290.29
feet, a distance of 70.08 feet to a point, which
said point is in the eastern line of WHITEHURST
LANDING ROAD (30, R/W) as shown on said plat;
thence turning and running S 2011214211 E 150.16
feet to a point which said point is in the northern
right of way line of KEMPSVILLE ROAD (Variable R/W)
as shown on said plat; thence turning and running
along said northern right of way line of KEMPSVILLE
ROAD (Variable R/W) along a curve to the left
having a radius of 131.19 feet, a distance of 12.70
feet; thence continuing along said northern right
of way line of KEMPSVILLE ROAD (Variable R/W) along
a curve to the left having a radius of 936.34 feet,
a distance of 39.88 feet to a point, being the
point of beginning. A copy of said plat visually
describing the portion of the street referenced
herein is on file in the City Attorney's office of
the City of Virginia Beach.
W & K Associates, a V' 'a
general partners
By:
Jeffrey B. Hammaker, Esquire
Shuttleworth, Ruloff, Giordano
and Kahle
2809 S. Lynnhaven Road, Suite 230
Virginia Beach, Virginia 23452
(804) 431-3100
jbh/docs/dwa.notaff
AFFIDAVIT
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
I, Jeffrey B. Hammaker, attorney at law, being
first duly sworn deposes and states as follows:
1. In connection with the street closure
application for that portion of Whitehurst Landing Road by W
& K Associates, a Virginia general partnership, I have sent a
copy of the attached Notice to the Virginian Pilot-Ledger
Star requesting that the same be published in their newspaper
at least twice with at least six days lapsing between the
first and second publication prior to the 2:00 p.m. December
12, 1988 City Council hearing.
FURTHER, the affiant saith not.
(SEAL)
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
Subscribed and sworn to before me this 25th day of
October, 1988 by Jeffrey B. Hammaker.
(SEAL)
My Commission Expires:
jbh/docs/dwa.notaff
ORDINANCE NO.
IN THE MATTER OF CLOSING, VACATING AND
DISCONTINUING A PORTION OF THAT CERTAIN
STREET OF KNOWN AS WHITEHURST LANDING ROAD,
BEING THIRTY FEET IN WIDTH AND LYING
BETWEEN THAT PORTION OF WHITEHURST LANDING
ROAD WHICH IS SIXTY FEET IN WIDTH AND
KEMPSVILLE ROAD.
WHEREAS, it appearing by Affidavit that proper
notice has been given by W & K Associates, a Virginia general
partnership, that it would make application to the Council of
the City of Virginia Beach on --, 198-
to have the hereinafter described street discontinued,
closed, and vacated; and
WHEREAS, it is the Judgment of the Council that
said street be discontinued, closed and vacated;
NOW, THEREFORE,
SECTION I
BE IT ORDAINED by the Council of the City of
Virginia Beach, Virginia that the hereinafter described
street be discontinued, closed and vacated and more
particularly described on the attached Exhibit A and be
reference thereto made a part hereof.
Said parcel of land is shown on that certain plat
entitled "EXHIBIT PLAT OF PARCEL "All AT BIRNAM WOODS (REF: MB
119, P 54)" dated September 14, 1988 and prepared by Talbot &
Associates, Ltd.
SECTION II
A certified copy of this Ordinance shall be
recorded in the clerk's office of the City of Virginia Beach,
Virginia indexed in the name of the City of Virginia Beach.
SECTION III
This ordinance shall be in effect sixty (60) days
from the date of its adoption.
Adopted by the Council of the City of Virginia
Beach, Virginia on the _ day of 198-.
jbh/docs/dwa.ordclos
2
EXHIBIT A
All that portion of Whitehurst Landing Road being
thirty (30) feet in width as shown on the attached
plat entitled "EXHIBIT PLAT OF PARCEL "All AT BIRNAM
WOODS (REF: MB 119, P 54)" dated September 14, 1988
and prepared by Talbot & Associates, Ltd., and
being more particularly described as follows:
Beginning at a point in the northern right of way
line of KEMPSVILLE ROAD (VARIABLE R/W), which said
point is the northwestern intersection of
WHITEHURST LANDING ROAD (30'R/W) and KEMPSVILLE
ROAD (VARIABLE R/W) as shown on said plat and from
said point of beginning, thence turning and running
N 20'1214211 W 256.45 feet to a point in the
southern right of way line of WHITEHURST IANDING
ROAD (601 R/W) as shown on said plat; thence
turning and running in a southeasterly direction
along a curve to the left having a radius of 290.29
feet, a distance of 70.08 feet to a point, which
said point is in the eastern line of WHITEHURST
LANDING ROAD (301 R/W) as shown on said plat;
thence turning and running S 20'1214211 E 150.16
feet to a point which said point is in the northern
right of way line of XEMPSVILLE ROAD (Variable R/W)
as shown on said plat; thence turning and running
along said northern right of way line of KEMPSVILLE
ROAD (Variable R/W) along a curve to the left
having a radius of 131.19 feet, a distance of 12.70
feet; thence continuing along said northern right
of way line of KEMPSVILLE ROAD (Variable R/W) along
a curve to the left having a radius of 936.34 feet,
a distance of 39.88 feet to a point, being the
point of beginning. A copy of said plat visually
describing the portion of the street referenced
herein is on file in the City Attorney's Office of
the City of Virginia Beach.
(10/22/88)
3
AMENI)FO PIAI
OF
HIRNAM Woons
PARF-5 I ANI) 2, SECTI N OF
C@IAT@Y44f @IALI
(MB II 9, P 54)
(A 7 167) roo
LOT 9
RLOCK A
PARCEL
PARCEL "A" (ME3 119, P 54
(MB 119. P 54)
o.@ f
-64,30
CLAMIS COURT (50' R\' -- EN (M 13
(MB 119, P 54) @TNG 20' UTL)ry 4)
x (mi3 11 p 5
E 91
PARCEL "A"
(MB 119, P 54)
AMENDI PLA T
c
E?IRNAM WOOOS
PARTS 7 AND 2, SECFIO
CliAf@IAM tiALL
(A4L, 119, P 54)
(A @ 167)
LOT 6
BLOCK A
W & K ASSOCIATES, A VIRGIIIIA GENERAL
PARTNERSHIP
Closure of a portion of Whitehurst
Landing Road
Kenipsville Borough
55 -
item
APPOINTMENTS ITEM # 30519
Upon NOMINATION by vice Mayor Fentress, city Council REAPPOINTED to:
BOARD OF BUILDING CODE APPEALS
REAPPOINTED:
Ruth W. Bell
Two year term - January 1, 1989 - December 31, 1990
jimmie Koch 1989 - December 31, 1990
Two year term - January 1,
Henry McDonald 1989 - December 31, 1990
Two year term - January 1,
Vincent R. olivieri 1989 - December 31, 1990
T,o year term - January 1,
Dan Templeton
Two year term - January 1, 1989 - December 31, 1990
Electrical Division
William F. Miller -(VEPCO Rep.) 31, 1990
Two year term - January 1, 1989 -December
Archie R. Smith -(Level 11 Electrician)
Two year term - January 1, 1989 -December 31, 1990
Robert Henry Smith, Jr. -(Level 11 Electrician)
Two year term - January 1, 1989 -December 31, 1990
Richard Thomas -(Level ii Electrician)
Two year term - January 1, 1989 -December 31, 1990
James Witcher -(Level ii Electrician)
Two year term - January 1, 1989 -December 31, 1990
New Construction Division
Frank 1. Adkins -(Registered Professional Engineer-Design)
Two year term - January 1, 1989 - December 31, 1990
William M. Davenport -(Surveyor - Land Planner)
Two year term - January 1, 1989 - December 31, 1990
Darrell J. Hughes -(Registered/Licensed General Contractor)
Two year term - January 11 1989 - December 31, 1990
Sterling S. Montgomery -(Building Supply Business)
Two year term - January 1, 1989 - December 31, 1990
56 -
Item
APPOINTMENTS ITEM # 30519 (Continued)
William L. Hendricks - (Licensed/Registered Level 11
Mechanical Worker)
Two year term - January 1, 1989 - December 31, 1990
Donald L. Jones, Jr. - (Licensed/Registered Level 11 Plumber)
Two year term - January 1, 1989 - December 31, 1990
Oscar E. Northern, Jr. - (Licensed/Registered Architect)
Two year term - January 1, 1989 - December 31, 1990
Arnold 1. Rosenberg - (Licensed/Registered Engineer)
Two year term - January 1, 1989 - December 31, 1990
Dalvin V. White, Jr. - (Licensed/Registered Building Contractor)
Two year term - January 1, 1989 - December 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 William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
John L. Perry
- 57 -
Item 111-J.2/4/5/7.
APPOINTMENTS ITEM # 30520
BY CONSENSUS, City Council RESCHEDULED APPOINTMENTS to:
COMMUNITY SERVICES BOARD
PUBLIC LIBRARY BOARD
RESORT AREA ADVISORY COMMISSION
VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION
- 58 -
Item 111-J.3.
APPOINTMENTS ITEM # 30521
Upon NOMINATION by Councilwoman Parker, City Council REAPPOINTED to:
FRANCIS LAND HOUSE BOARD OF GOVERNORS
Donald Fraser
Three year term - January 1, 1989 - December 31, 1991
Janet Werndli
Three year term - January 1, 1989 - December 31, 1991
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 William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
John L. Perry