HomeMy WebLinkAboutOCTOBER 17, 1988
"WORLD'S LARGEST RESORT Crry"
Crry COUNCIL
MAYOR M@EM E. OMM@W, Al U,,,
VICE MAYOR ROBERT E. F@RESS. Vi,i.. @,h
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lu.-Y I -M. j@, C.".@- CITY COUNCIL AGENDA VIRGINIA BEACH, VIRGINIA 23456-%02
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October 17, 1988
ITEM I. CITY 14ANAGER'S BRIEFING - ODnference Room - 11:00 AN
A. NON-TIDAL WETLANDS PRESENTATION
ITEM II. COUNCIL CONFERENCE SESSION - Conference Room - 11:30 AM
A. CITY COUNCIL CONCERNS
ITEM III. INFORMAL SESSION - Conference Room - 12 NOON
A. CALL TO ORDER - Mayor I*-yera E. Oberndorf
B. ROLL CALL OF COUNCIL
C. RBCESS TO EXECUTIVE SESSION
ITEM IV. FORMAL SESSION - Council Chamber - 2:00 PM
A. INVOCATION: Reverend Lewis H. Morgan
Community Unit,--d Methodist
B. PLEDGE OF ALLEGIANCE TO THE FLAG CF THE UNITED STATES OF AMERICA
C. ELECTRONIC ROLL CAIJ, OF CITY COUNCIL
D. MINUTES
1. INFORMAL & FORMAL SESSLONS - October 10, 1988
E. PUBLIC HEARING
PROPOSED INCREASES - FISCAL YEAR 1988-1989 OPERATING BUDGET
($ 9, 434, 621 )
F. RESOLUTIONS/CRDINANCFs
1. INDUSIRIAL DEVELOPMENT REVENUE BONDS
M & G ELFCTRONICS CORPORATION $4,800,000.00
(mark P. Garcea)
THALIA WAYSIDE ASSOCIATES $5,700,000.00
2. Ordinance authorizing the Trustees of NEW LIFE PRESBYTERIAN CHURCH
to take and hold title tc) more than four acres of land, located on
North landstown Road, namely 6.286 acres, within the City of
Virginia Beach, Virginia, as provided by Section 57-12 of the Code
of Virginia (1950), subject tc) certain limitations.
3. Ordinance to AMEND and REORDAIN Section 12-43 of the Code of the
City of virginia Beach, Virginia, by add ing a new Subsection
F-301.1 re open burning.
G. CONSENT AGENDA
All matters listed mder 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 Oc)nsent
Agerida, it will be discussed and voted upon separately.
1. Crdinance to AMEND and REORDAIN Section 2-226 of the Code of the
City of Virginia Beach, Virginia, re City Depositories Generally.
2. Ordinance to AMEND and REORDAIN Section 6-21 of the Oode of the
City of Virginia Beach, Virginia, re Little Island EKit Ramp.
3. Ordinance upon FIRST READING to APPROPRIATE $9,434,621 for Fiscal
Year 1989 for the pilyment of purchase orders brought forward from
Fiscal Year 1988.
4. Ordinance upon FIRST READING to ACCEPT and APPROPR:RATE $6,509 from
the Virginia Departnent of Housing @ Community Development for an
Energency HDme Repair Program.
5. Ordinance to TRANSFER $24,534 within the 12th Year Administrative
Budget of the Department of Housing and C--unity Develo]pment for
the purpose of funding Indirect Oc>sts.
6. CONFMMATION of APPOINTMENR of Assistant City Attorney
Elizabeth E. FOX Effective October 10, 1988
7. Ordinance to authorize a teaporary encroacbment into a portion of
the City's navigable water way known as Bitss Inlet West, to JOSEPH
C. BBCK, JR., his heirs, assigns and successors in title.
8. Low Bid tD VICO CONSTRUCTION CORPORATION in the amount of
$124,059.89 for Fiscal Year 1987/88 - 1991/92 Water Utility Capital
Improvement Program (CIP 5-032, 5-033).
9. RAFFIE PERMIT
KIWANIS CLUB CF LYNNHAVEN
1 0. ordinance authorizing tax refunds in the amount of $1,230.86.
11. Ordinance authorizing license refunds in the amount of $10,165.56.
H. UNFINISHED BUSINESS
I. NEW BUSINESS
1. REQUEST FCR RECONSID@TION of conditions in tbe application of
VIVIAN DOUMR for a Change of Zoning District Classification fran
R-6 Residential District to A-2 Apartment District on the South
side of 23rd Street, 195 feet East of Barberton Drive on Lots 13-
20, Block 11, Woodland, containing 34,063.9 square feet (LYNNHAVEN
BOROUGH). APPROVED BY City Council on May 5, 1986
Requested by Mr. Johnathan W. Dobbs, Contract Purchaser
J. ADTOURMENT
CITY COUNCIL SESSION
RESCHEDULED
OCTOBER 31, 1988 2:00 PM
RESCHEDULE CF OCTOBER 3
'VIRGINIA MUNICIPAL LEAGUE"
All other Sessions will be in accordance
with the City Code
M I N U T E S
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
October 17, 1988
The CITY MANAGER'S BRIEFING of the VIRGINIA BEACH CITY COUNCIL was called to
order by Mayor Meyera E. Oberndorf in the Conference Room, City Hall Building,
on Monday, October 17, 1988 at 11:00 A.M.
Council Members Present:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, John
D. Moss, Mayor Meyera E. Oberndorf, John D. Perry
and William D. Sessoms, Jr.
Council Members Absent:
Reba S. McClanan (ENTERED the Executive Session: 12:23 P.M.
Nancy K. Parker (Absent due to illness of her daughter)
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C I T Y M A N A G E R 'S B R I E F I N G
NON-TIDAL WETLANDS PRESENTATION
11:00 A.M.
ITEM # 30163
Louis Cullipher, Director of the Department of Agriculture, distributed
information relative HOUSE BILL NO. 1037 (NON-TIDAL WETLANDS), a map depicting
the area affected in the Commonwealth and a General Soil Map illustrating the
areas of hydric soils. Non-tidal wetland means an area adjacent to state
waters, or isolated areas which are greater than one acre in size, not
otherwise regulated under Title 62.1, Chapter 2.1 of this Code, that has hydric
soils as defined by the U.S. Soil Conservation Service for Virginia; is
recurrently inundated or saturated with surface or ground water and exhibits
hydrology as expressed in the U.S. Army Corps of Engineers Wetlands Delineation
Manual; and supports a prevalence of vegetation identified as wetland plants in
Virginia by the U.S. Fish and Wildlife Service in its publication Wetland
Plants of the State of Virginia.
Louis Cullipher reiterated Section 10-262.6 EXEMPTED ACTIVITIES:
Construction and maintenance of piers, boat shelters, duckblinds
and other structures that do not impede the flow of water and do
not require removal of vegetation covering more than 200 square
feet.
Outdoor recreation activities, including but not limited to
hiking, boating, hunting and fishing.
The normal maintenance or repair to an existing road, highway,
railroad bed, ditch on any persons's property that abuts,
surrounds or crosses a nontidal wetland;
The construction, maintenance or repair of new or existing public
utility lines, including water, sewer, electrical, natural gas or
telephone lines; and
Other uses or activities as defined by the Department
Agricultural and horticultural activities including the grazing of
livestock, consistent with Section 10-262.9 which do not convert
existing nontidal wetlands to agricultural or other uses.
Tlie construction and maintenance of farm ponds or recreational
ponds which result in the loss or impairment of less than one acre
of nontidal wetlands.
The construction and maintenance of farm ponds that adversely
affect between one and five acres of nontidal wetlands shall
comply with standards promulgated by the Department in
consultation with the Department of Agriculture and Consumer
Services.
Silvicultural activities in nontidal wetlands that follow the
provisions of Section 10-83.6; and
Reestablishment of agricultural activities on land that has been
historically utilized for agricultural production as determined by
the Director, when such reestablishment is consistent with Section
10-262.9.
- 3 -
C I T Y M A N A C E R 'S B R I E F I N G
NON-TIDAL WETLANDS PRESENTATION
ITEM # 30163 (Continued)
Nothing in this article shall affect any project in nontidal
wetlands commenced prior to April 1, 1989; however, this article
shall not be deemed to exclude from regulation under this article
any activity which expands or enlarges upon a project already in
existence or under construction at the time of such date, except
as otherwise provided under subdivision A3 of Section 10-262.6 or
any project or development in nontidal wetlands for which, on
April 1, 1989, a building permit is valid or prior to April 1989 a
plan or plan of development thereof has been approved pursuant to
an ordinance or other lawful enactment with either an agency of
the federal or state government or with either the planning
commission, board of supervisors or city council of the
jurisdiction in which the project or development is located.
Louis Cullipher in citing the GENERAL SOIL MAP advised Virignia Beach,
Chesapeake, small portions of Suffolk and Matthews County is unique from a
geographic standpoint. There is a very high percentage of poorly drained soil.
Tt is an extremely young landscape compared with the rest of the State. Louis
Cullipher advised Areas 1, 5 and 6 as identified on the General Soil Map are
dominantly Hydric Soils. Sixty-five (65%) percent of the land area is comprised
of Hydric Soil. This percentage is based on developed and undeveloped land
area.
"(1) Acredale-Tomotley-Nimmo: Poorly drained soils
that have a loamy subsoil; formed in marine and
fluvial sediments.
""(5) Dorovan-Pocaty-Nawney: Very poorly drained
soils that consist of organic or loamy
material; formed in organic material or fluvial
sediments.
"*(6) Backbay-Nawney: Very poorly drained soils that
have a thin organic surface layer over a loamy
substratum; formed in fluvial sediments.
*Outside of the Floodway
-Primarily marsh and swamp areas.
With reference to the second criteria of the definition of "Nontidal Wetland",
there are seven days within the growing season (March I to October 1), that the
water has to be within 12 to 14 inches from the surface.
The City's marshes are primarily organic in nature. If you drain an organic
soil, there is a lot of wooden material which is hard on equipment. Therefore,
most farmers prefer not to drain the organic soils. The majority of marshes in
Back Bay are organic in nature.
Louis Cullipher advised only 15 to 20% is well drained soil with reference to
the total land acreage below the GREEN LINE.
The City Manager requested Council Members relate their particular concerns
with regard to HOUSE BILL NO. 1037 to either Robert Matthias or Louis
Cullipher. These concerns will be combined into a proposal and examined for the
possibility of inclusion in the Legislative Package.
- 4 -
M A T T E R S B Y T H E M A Y 0 R
11:40 A. M.
ITEM # 30164
Mayor Oberndorf extended appreciation to Councilwoman McClanan, Chairman of the
Twenty-fifth Anniversary Committee and C. Mac Rawls, Chairman of City Hall by
the Sea Day as well as all Members of City Council and the City Staff for their
successful endeavors on behalf of the CITY HALJ, BY THE SEA FESTIVAL.
The CITY HALL BY THE SEA FESTIVAL was held October 15, 1988 from 10:00 A.M. to
4:00 P.M. at the Marine Science Museum.
ITEM # 30165
Mayor Oberndorf referenced the NATIONAL ASSOCIATION OF POSTMASTERS held at the
PAVILION. All of the postmasters were impressed and highly complimentary
concerning the professionalism of the Pavilion and the beauty and
accommodations of the City.
ITEM # 30166
The City Attorney, J. Dale Bimson, introduced the recently appointed Assistant
City Attorney - Elizabeth E. Fox.
- 5 -
C I T Y C 0 U N C I L C 0 N C E R N S
ITEM # 30167
The City Manager distributed two letters of concern expressed by Councilwoman
Nancy Parker. Councilwoman Parker was unable to attend due to the illness of
one of her daughters. These letters entailed concerns related to Ordinances to
AMEND and REORDAIN the Comprehensive Zoning Ordinance of the City of Virginia
Beach, Virginia: Section 203(a)(38) - Shopping Center Parking AND, Section
5A.4(a) - Site Plan Ordinance - Interior coverage requirements of Parking Lot
Landscape Requirements; as well as the issue of TRANSFER OF DEVELOPMENT RIGHTS.
ITEM # 30168
Councilman Moss referenced consideration must be given relative SCHEDULING the
SCHOOL BOARD PUBLIC HEARINGS required by State Code prior to the appointments
in December.
ITEM # 30169
Councilman Moss further referenced a Resolution directing the Planning
Commission to consider and make its recommendation concerning a proposal to
amend the Master Street and Highway Plan so as to provide greater Street
Widths. This Resolution was ADOPTED by the Council of the City of Virginia
Beach on June 13, 1988. The Planning Commission was directed to forward its
recommendation to the City Council within 120 days of the date of ADOPTION. The
State Law goes into effect January 1, 1989. A parallel plan might be pursued
while awaiting the Planning Commission's recommendation.
The City Manager will advise relative the progress of the Planning Commission
on this particular item.
ITEM # 30170
Councilman Moss referenced the Agenda of the Board of Zoning Appeals for
October 19, 1988. Christopher Associates, a new development, has requested 13
Variances relative lot width to acconimodate their streets.
ITEM # 30171
Councilman Moss advised he viewed the tape on the TRANSFER OF DEVELOPMENT
RIGHTS PRESENTATION of October 12, 1988. Councilman Moss apologized for his
absence and commended the presentation.
ITEM # 30172
Councilman Perry advised the City Council was still awaiting the report of the
Planning Commission relative Lake Smith and Reedtown.
ITEM # 30173
Councilman Perry referenced improper U-turns at the intersection of Baxter Road
and Princess Anne Road. The City Manager will review with the Traffic Engineer
the possibility of installing signs.
- 6 -
C I T Y C 0 U N C I L C 0 N C E R N S
(Continued)
ITEM # 30174
Councilwoman Henley referenced the newspaper article relative the recycling
center planned by the Virginia Beach Clean Community Commission. This Center
is expected to open next year. Councilwoman Henley advised for convenience
there should be more than one recycling center. A letter dated January 4, 1988,
to the Council Members from Councilwoman Henley and Mayor Oberndorf requesting
recycling be investigated contained various articles relative this issue.
Councilwoman Henley suggested an acre might be utilized from some of the major
regional parks. These recycling centers could be well landscaped, pleasant to
visit and convenient.
Tn Washington, D.C., the churches provide sites for the containers for glass
bottles and jars. The churches receive the proceeds and there is a scholarship
program available from the recycling center.
Mayor Oberndorf requested the City Manager SCHEDULE Wade Kyle, Administrator
of Solid Waste, for a BRIEFING relative recycling.
ITEM # 30175
Councilman Moss referenced Councilwoman McClanan's letter of October 10, 1988
containing a DRAFT of an Ordinance to Amend Section 205 of the City Zoning
Ordinance, pertaining to Parking and Storage of Major Recreation Equipment, as
well as letter dated July 29, 1988 from Arthur F. Goodwin. PUBLIC HEARINGS
should be SCHEDULED prior to the final decision.
TTEM # 30176
Councilman Balko referenced the possibility of including in the Legislative
Package the "bottle bill".
- 7 -
ITEM # 30177
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, October 17, 1988 at 12:10 P.M.
Council Members Present:
Albert W. Balko, John A. Baun,, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, John
D. Moss, Mayor Meyera E. Oberndorf, John L. Perry and
William D. Sessoms, Jr.
Council Members Absent:
Reba S. McClanan and Nancy K. Parker
- 8 -
ITEM # 30178
Mayor Meyera E. Oberndorf entertained a motion to permit City Council to
conduct its EXECUTIVE SESSION, pursuant to Section 2.1-344, Code of
Virginia, as amended, for the following purposes:
1. PERSONNEL MATTERS. Discussion or consideration of employment, assignment,
appointment, promotion, 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.
Upon motion by Councilman Moss, seconded by Councilman Baum, City Council
voted to proceed into EXECUTIVE SESSION.
Voting: 9-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, John
D. Moss, Mayor Meyera E. Oberndorf, John L. Perry and
William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Reba S. McClanan and Nancy K. Parker
- 9 -
F 0 R M A L S E S S I 0 N
VIRGINIA BEACH CITY COUNCIL
October 17, 1988
2:00 P.M.
Mayor Meyera E. Oberndorf called to order the FORMAL SESSION of the VIRGINIA
BEACH CITY COUNCIL in the Council Chambers, City Hall Building, on Monday,
October 17, 1988 at 2:00 P.M.
Council Members Present:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, flarold Heischober, Barbara M. Henley, Reba
S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf,
John L. Perry and William D. Sessoms, Jr.
Council Members Absent:
Nancy K. Parker
INVOCATION: Reverend Lewis H. Morgan
Community Methodist Church
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
- 10 -
Item IV-D.l.
MINUTES ITEM # 30179
Upon motion by Councilman Moss, seconded by Councilman Baurn, City Council
APPROVED the INFORMAL AND FORMAL SESSIONS of the City Council Meeting of
October 10, 1988, AS AMENDED and CORRECTED.
TTEM # 30117, page 7 - CITY COUNCIL CONCERNS:
Councilman Baum advised the correct word is hydric
soils, not hybrid.
ITEM # 30135, page 19
ORDINANCE UPON APPLICATION OF WAYNE BEAGLE FOR A
CHANCE OF ZONING DISTRICT CLASSTFTCATTON FROM R-6
TO A-2
Councilman Moss referenced the CORRECTED vote of
9-2 with Council Members Moss and McClanan voting
NAY. The Chief Deputy had distributed a corrected
MINUTES prior to the commencement of the City
Council Meeting.
ITEM # 30144, page 33:
ORDINANCE UPON APPLICATION OF FALSE CAPE
ENTERPRISES, TNC. FOR A CONDITIONAL USE PERMIT FOR
COMMERICAL RECREATIONAL FACILITIES R010881175
Councilwoman McClanan AMENDED the following
conditions:
The words "of the berm and landscaping" shall be
inserted after the words "The height" and before
the words "..shall be determined in accordance with
the requirements of City Staff." (Condition 1.)
The words "and noise" shall be inserted after the
word "Lighting" and before the words "from the
tennis courts and swimming pool should be oriented
so as to not spill over onto any of the adjoining
residential properties." (Condition 3.)
1. An open fence shall be installed along the
border of the property adjacent to the residential
areas including Parcel C-2C. With the exception of
Parcel C-2A, Category I landscaping shall be
installed along the interior portion the entire
length of that property including Parcel C-2C. A
berm shall be utilized with the shrubbery inside
the fence adjacent to the day-care center and
property currently zoned for residential use. The
height of the berm and landscaping shall be
determined in accordance with the requirements of
City Staff.
3. Lighting and noise from the tennis courts and
swimming pool should be oriented so as to not spill
over onto any of the adjoining residential
properties.
Item IV-D.l.
MINUTES ITEM # 30179 (Continued)
ITEM 1 30151, Page 43
Resolution referring to the Planning Commission
Alternative Amendments to Section 202 of the City
Zoning Ordinance re Height Limitation for Additions
to Residential Structures
The words "and such other solutions that may be
feasible" gffipndgh4p shall be inserted.
Voting: 9-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, 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:
None
Council Members Abstaining:
Ilarold Heischober
Council Members Absent:
Nancy K. Parker
*Councilman Heischober ABSTAINED as he was not in attendance at the City
Council Meeting of October 10, 1988
- 12 -
Item IV-E.l.
PUBLIC HEARING- ITEM # 30180
Mayor Meyera E. Oberndorf DECLARED a PUBLIC HEARING:
PROPOSED INCREASES - FISCAL YEAR 1988-1989 OPERATING BUDGET
($9,434,621)
There being no speakers, the Mayor CLOSED the PUBLIC HEARING.
- 13 -
Item IV-F.I.
RESOLUTIONS/ORDINANCES ITEM # 30181
Attorney David N. Reda, One Columbus Center, Phone: 490-6000 represented Mark
F. Garcea.
Upon motion by Vice Mayor Fentress, seconded by Councilman Sessoms, City
Council ADOPTED Resolutions approving the Issuance of Tndustrial Development
Revenue Bonds:
M & G ELECTRONICS CORPORATION $4,800,000.00
(Mark F. Garcea)
TRALIA WAYSIDE ASSOCIATES $5,700,000.00
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,
John L. Perry and William D. Sessoms, Jr.
Council Members Voting Nay;
None
Council Members Absent:
Nancy K. Parker
SUMMARY SHEET
CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY
INDUSTRIAL DEVELOPNIENT REVENUE BOND
1. Project Naine: MARK F. GARCEA
2. Project Location: 12.8 ACRES OF USABLE LAND LOCATED
IN THE OCEANA WEST INDUSTRIAL PARK,
AREA 2, FRONTING ON RELIANCE DRIVE
AND BOUNDED TO THE WEST BY A
DRAINAGE EASEMENT, VIRGINIA BEACkf,
VIRGINIA
3. Description of
P roj ect: AN APPROXIMATE 11 7, 000 SQUARE FOOT
FACILITY FOR LEASE TO A IVIANUFACTURER
AND DISTRIBUTOR OF ELECRP.ICAL AND
RELATED COMPONENTS
4. Amount of
Bond Issue: $4, 800, 000. 00
5. Principals: MARK F. GARCEA: MR. C.ARCEA INTENDS
TO LEASE THE FACILITY TO M&G ELECTRONICS
CORPORATION OF WtilCH HE IS THE 100%
SHAREHOLDER
6. Zoning Classification:
(a) Present zoning
classification of
the property?
(b) Is rezoning proposed? Yes No x
(c) If so, what zoning
classification? N/A
DNR/8259.4.C
RESOLUTION APPROVING THE ISSUANCE
OF INDUSTRIAL DEVELOPMLNT REVENUE BONDS
MARK F. GARCEA
WHEREAS, the City of Virginia Beach Development Authority
(tbe "Authority") has considered the application and plan of financing
of Mark F. Garcea, an individual (the "Purchaser") for the issuance of
the Authority's industrial development revenue bonds in an amount esti-
mated at Four Million Eight Hundred Thousand ($4,800,000.00) (the
"Bonds") to assist in the financing of the Purchaser's acquisition,
construction and equipping of an approximate 117,000 square foot
facility for lease to a manufacturer and distributer of electrical and
related components (the "Facility") to be located on approximately 12.8
acres of usable land located in the Oceana West Industrial Park, Area 2,
fronting on Reliance Drive and bounded to the west by a drainage
easement, Virginia Beach, Virginia, and after proper notice in a
newspaper of general circulation has held a public hearing thereon on
October 11, 1988, pursuant to Section 15.1-1378.1 of the Code of
Virginia, 1950, as amended; and
WHEREAS, the Authority has requested the City Council (the
"Council") of Virginia Beach, Virginia (the "City") to approve the
issuance of the Bonds in compliance with Section 147(f) of the Internal
Revenue Code of 1986, as amended; and
WIIEREAS, pursuant to Section 15.1-1378.1 Code of Virginia,
1950, as amended, a copy of the Authority's Resolution approving the
issuance of the Bonds, subject to terms to be agreed upon, and a reaso-
nably detailed summary of the comments expressed at the public hearing,
-1-
if any, as well as the Fiscal Impact Statement, have been filed with the
Council of the City of Virginia Beach, Virginia;
THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
1. The Council of the City of Virginia Beach, Virginia,
approves the issuance of the Bonds by the City of Virginia Beach
Development Authority for the benefit of Mark F. Garcea to the extent of
and as required by Section 147(f) of the Internal Revenue Code, to
permit the Authority to assist in the financing of the Facility.
2. The approval of the issuance of the Bonds, as required by
Section 147(f), does not constitute an endorsement of the Bonds or the
creditworthiness of the Purchaser; but, pursuant to Chapter 643,
Virginia Acts of Assembly of 1964, as amended, the Bonds shall provide
that neither the City nor the Authority shall be obligated to pay the
Bonds or the interest thereon or other costs incident thereto except
from the revenues and monies pledged therefore, and neither the faith or
credit nor the taxing power of the Commonwealth, the City or the
Authority shall be pledged thereto.
3. This Resolution shall take effect immediately upon its
adoption.
ADOPTED by a majority of a quorum of the Council of the City of
17
Virginia Beach, Virginia on October 1988.
DNR/8259.3.c
-2-
FISCAL IMPACR STATEMEN-F
FOR PROPOSED INDUSTRIAL REVENUE BOND FINANCING
DATE: OCTOBER 11, 1988
TO: THE CITY COUNCIL OF VIRGINIA BEACH, VIRGINIA
PROJECT NAME: MARK F. GARCEA
TYPE OF FACILITY: APPROXIMATE 117,000 SQUARE FOOT ELECTRICAL
ANDRELATED COMPONENTS IVJANUFACTURINGAND
DISTRIBUrION FACILITY
1. Maximum amount of financing sought $4,800,000.00
2. Estimated taxable value of the facility's $4,800,000.00
real property to be constructed in the
municipality
3. Estimated real property tax per year using $ 43,920.00
present tax rates
4. Estimated personal property tax per year $ 16,000.00
using present tax rates
5. Estimated merchants' capital (business license) N/A
tax per year using present tax rates
6. Estimated dollar value per year of goods $1,250,000.00
and services that wW be purchased locally
7. Estimated number of regular employees on 500
year round basis
8. Average annual salary per employee $ 13,500.00
The information contained in this Statement is based solely on
facts and estimates provided by the Applicant, and the Authority has
made no independent investigation with respect thereto.
City of Virginia Beach
Development Authority
BY
'Qhairm
DNR/8259.5.C
@K F. GARCEA FACILITY
Economic Impact Statement
1. Amount Of investment S 4, 8 0 0 O 00 . 00
2. Amount Of industrial revenue band financing
sought $4,800,000.00
3. Estimated taxable value of the facility'S
real property to be constructed in the City
of Virginia Beach $4,800,000.00
4. Estimated real property tax per year using
present tax rate $43,920.00
5 Es-,imated personal property tax S 16, 0 00. 0 0
6. Economic impact statement demonstrating the
ovetaLl.1 return to the city:
A. Number of new jobs gno
B. Payroll gene-rated $- 2 1- -@('-Qo - OA07. Wage $,13 5.QO. per -artnum
C. Number of jobs retained 3 10
o. Payroll retained $4,!8t,OOG,OW. Wage $13,500. per annum
E. Estimate of the value of goods and services purchased
within the geographic boundary of Virginia Beach by
type (inventory, machinery, professional services,
insurance, motor vehicles, etc.):
Type Value
-Inveni-nry $@,QQQ go
Vehi idn nnn no
Professional-Legal 1-;R.onn-no
and Accounting
Insiirancg $ QO
TOTAL $1 250,000-00
F. Estimated building permit fee and other municipal
fees $P 1 000 . 00
G. Estimated construction payroll @3,000.00 per week
H. Estimated value of construction material
to be purchased within the City of
Virginia Beach $1,026,600.00
I. Estimated number of construction jobs 60
J. Any other items which the applicant feels
the Authority should be made aware of in
evaluating the project The number nf npw @nhA .... i-.a is
significant.
7. is the site currently zoned for the specific use being
proposed for industrial revenue bond financing? Yes _&(ii)
No
8. Has a bond purchase agreement/commitment been accepted by
t-he applicant? (attach a copy) Yes I_ NC _
9. Will the band financing close within 90 days from the
date of adoption of the inducement resolution, Yes x
No
10. Location of project (attach location mao)
Oceana west industrial pirk- ArpA 2, frnnt-ing @n R@iian@p @ve
an oun ed to the west by a drainag@ easemen vi nia Beach, VA
ii. Explanation of alternative financing that t@as bre@ln
reviewed for project M'..
I hereby certify that the information stated in the above
Economic Impact Statement is accurate and true in all respects.
(Applicant) Mark F. Garcea
Subscribed and sworn to before me this _ day of
198
Notary Public
My Commission Expires:
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PROJECT NAME: Mark F. Garcea
PROJECT ADDRESS: Reliance Drive
Virginia Beach, VA
TYPE OF PROJECT: Manufacturing Facility
4/2 5/8 4
SUMMARY SHEET
ClTY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY
INDUSTRIAL DEVELOPMENT REVENUE BOND
*REFUNDING BONDS*
1. PROJECT NAMF: Thalia Wayside Associates
2. LOCATION: 4000 Virginia Beach Boulevard
Virginia Beach, Virginia
3. DESCRIP'.VION OF PROJECT: Approximately 114,000 square feet strip
shopping center
4. AMOUNT OF BOND ISSUE: Not to exceed $5,700,000
5. PRINCIPALS: Joseph Mersel, Alan B. Nusbaum, V.H. Nusbaum, Jr.,
Henry A. Shook, Stanley L. Harrison, Alan L.
Nordlinger, Robert C. Nusbaum, Richard M. Jacobson,
Richard E. Airing and Wendell C. Franklin
6. ZONING CLASSIFICATION:
a. Present zoning
classification of the
Property B-2
b. Is rezoning proposed? Yes No X-
c. If so, to what zoning
classification?
FISCAL IMPACT STATEMENT OF
CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY
Date: 988
The undersigned Chairman states, in compliance with Secti,,
15.1-1378.2, Code of Virginia of 1950:
Name of Applicant: Thalia Wayside Associates
Facility: Loehmann@s Plaza
1. Maximum amount of financing sought $ 5,700 000
2. Estimated taxable value of the facilit,y's
real property to be constructed in the
City of Virginia Beach $ undin
3. Estimated real property tax per year
using present tax rates $ 56 676.43
4. Estimated personal property tax pe,
year using present @ax rates $ 0
5. Estimated busine@s license (in lieu of
merchants' capital) tax per year using
present tax rates 0
6. Estimated dollar value per year of
goods and services that will be
purchased locally $ 22,000
7. Estimated number of regular employees
on year round basis One
8. Average annual salary per employee $ 13,000
CITY OF VIRGINIA BEACH DEVELOPMENT
AUTHORITY
BY
c@
MUN. BOND FJORMS/VSIDA-FIS
A meeting of the Council of the City of Virginia Beach,
Virginia, was held in the Council Chambers, in the Administration
Building, on the day of October, 1988.
Fentress Councilman SESSOMS
On motion b@ -Vice @lavor and seconded by
the following Resolution W6s--zFopted-
RESOLUTION OF CITY COUNCIL APPROVING THE
ISSUANCE OF INDUSTRIAL DEVELOPMENT REVENUE
REFUNDING BONDS FOR THALIA WAYSIDE ASSOCIATES
WHEREAS, the City of Virginia Beach Development Authority of
Virginia Beach, Virginia (the "Issuer") has approved the application
and plan of financing of Thalia Wayside Associates, a Virginia general
partnership (the "Company"), for the issuance of the Issuer's
industrial development revenue refunding bond or bonds in an amount
not to exceed $5,700,000 (the "Bonds") to assist in the refunding the
Issuer's 1982 Industrial Development revenue Bond (Thalia Wayside
Associates Facility) (the "Bond to be Refunded"), issued on December
17, 1982, to assist the Company in financing of the acquisition,
constriction and equipping of an approximately 114,000 square foot
facility of retail stores (the "Project"), at 4000 Virginia Beach
Boulevard in the City of Virginia Beach, Virginia (the "City"), and
for the issuance of the Issuer's taxable revenue bonds in an amount
not to exceed $3,300,000 (the "Taxable Bonds") to assist the Company
in paying a prepayment premium on the Bond to be Refunded and
issuance expenses and in reimbursing the Company for capital
expenditures made on the Project and not previously reimbursed, and
has held a public hearing thereon on October 11, 1988; and
WHEREAS, the Issuer has requested the City Council (the
"Council") of the City, to approve the issuance of the Bonds in an
amount not to exceed $5,700,000 to comply with Section 147(f) of the
Internal Revenue Code of 1986, as amended (the "Code"); and
WHEREAS, a copy of the Issuer's resolution approving the
issuance of the Bonds, subject to terms to be agreed upon and a record
of the public hearing, including a summary of the remarks made, has
been filed with the Clerk of the Council;
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
1. The Council approves the plan of financing, including
the issuance of the Bonds by the Issuer, for the benefit of the
Company, to the extent required by Section 147(f) of the Code, to
permit the Authority to assist in refunding the Bond to be Refunded
and approves the issuance of the Taxable Bonds.
2. The approval of plan of financing and the issuance of
the Bonds, as required by Section 147(f), and the issuance of the
Taxable Bonds does not constitute an endorsement of the Bonds and the
Taxable Bonds or the creditworthiness of the Company, but, pursuant to
Chapter 643, Virginia Acts of Assembly of 1964, as amended, the Bonds
and the Taxable Bonds shall provide that neither the City nor the
Issuer shall be obligated to pay the Bonds and the Taxable Bonds or
the interest thereon or other costs incident thereto except from the
revenues and moneys pledged therefor, and neither the faith or credit
nor the taxing power of the Commonwealth, the City, or the Issuer
shall be pledged thereto.
3. This Resolution shall take effect immediately upon its
adoption.
Adopted by the Council of the City of Virginia Beach,
Virginia, on Octoberl7 1988.
GKQ.RESO.TWA.9/14/88 - 2
- 14 -
Item IV-F.2.
RESOLUTIONS/ORDINANCES ITEM # 30182
Attorney Dominic P. Lascara, 212 Attwick Court, Chesapeake, Phone: 547-5101
Upon motion by Councilwoman McClanan, seconded by Councilman Perry, City
Council ADOPTED:
Ordinance authorizing the Trustees of NEW LIFE
PRESBYTERIAN CHURCH to take and hold title to more
than four acres of land, located on North Landstown
Road, namely 6.286 acres, within the City of
Virginia Beach, Virginia, as provided by Section
57-12 of the Code of Virginia (1950), subject to
certain limitations.
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,
John L. Perry and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Nancy K. Parker
AN ORDINANCE AUTHORIZING THE TRUSTEES OF NEW LIFE
PRESBYTERIAN CHURCH TO TAKE AND HOLD TITLE TO MORE THAN
FOUR ACRES OF LAND WITHIN THE CITY OF VIRGINIA BEACH,
VIRGINIA, AS PROVIDED BY SECTION 57-12 OF THE CODE OF
VIRGINIA (1950), SUBJECT TO CERTAIN LIMITATIONS
WHEREAS, the Trustees of New Life Presbyterian Church
presently hold title to approximately 6.286 acres of land
located on North Landstown Road, in the City of Virginia Beach,
Virginia; and
WHEREAS, the said Trustees desire to be in compliance with
Virginia Code Section 57-12 of the Code of Virginia and hold
title to said Church land, in the name of the Trustees; and
WHEREAS, Section 57-12 of the Code of Virgiiiia (1950)
requires the said Church Trustees to obtain authorization from
this Council in order to hold title to more than four (4) acres
of land at any one time within the City of Virginia Beach; and
WHEREAS, the said Trustees have made proper application to
hold title to the said 6.286 acres of land more or less.
NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
Section I - That the Trustees of New Life Presbyterian
Church are hereby authorized to hold title to that certain
parcel of land comprising of 6.286 acres and described as
f ol lows:
ALL THAT certaiii tract, piece or parcel of larld, with
the improvements thereon, situated in the City of
Virginia Beach, (formerly Seaboard Magisterial District
of Princess Anne County), Virginia, beginning at a pin
on the North side of Landstown Road and theyice N 44
degrees 241 49" E 290.01' to a point, thence N 46
degrees 151 11" W 20.001 to a pin, thence continuirig N
46 degrees 151 1111 W 429.021 to a pin, thence N 51
degrees 48' 48" E 100.89' to a pin, thence N 46 degrees
141 1511 W 348.871 to a pin, thence continuing N 46
degrees 14' 15" W 14.92' to a pin, thence S 50 degrees
441 44" W 329.081 to a pin, thence S 28 degrees 46' 18"
E 167.751 to a pin, thence S 60 degrees 50' is" w
26.00' to a pin, thence S 47 degrees 15' 00" E 683.12'
to a pin, the poirit of begirining, and containing 6.286
acres, more or less, as shown by a plat thereof made by
Rouse-Sirine Associates, Ltd., Land Surveyors, dated
June 18, 1983 and recorded in the Clerk's Office of the
Circuit Court of the City of Virginia Beach, Virgiriia
in Map Book 5, at page 12. Said tract of land being
bounded on the North by other lands now or formerly
owiied by Viola C. Carriiigton; on the East side by other
I
lands now or formerly owned by Theordore Morings and
Modge E. John Estate, and on the west side by the lands
now or formerly Subdivision of Parcel 1, L. H. Brinkley
Subdivision.
Section 2 - That the land hereinbefore described shall be
h4d and utilized by the aforesaid Trustees only for the purposes
set forth in Virginia code Section 57-7 et seg. of the Code of
Virginia (1950).
Adopted by the Council of the City of Virginia Beach,
Virginia on the 17th day of October
1 9 8 8 .
XPPROVED AS TO
LEGAL SUFFICIENCY
2
Item IV-F.3.
RESOLUTIONS/ORDINANCES ITEM 30183
Councilwoman McClanan distributed an ALTERNATE Amendment eliminating the option
Section (c) Controlled Burning
Councilman Baum suggested a Paragraph (6) be inserted on page 2: "Open burning
shall not be utilized for land clearing operations other than those for
agricultural purposes."
Upon motion by Councilman Heischober seconded by Councilman Moss, City Council
DEFERRED for one week until the City Council Meeting of October 24, 1988:
Ordinance to AMEND and REORDAIN Section 12-43 of
the Code of the City of Virginia Beach, Virginia,
by adding a new Subsection F-301.1 re open
burning.
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,
John L. Perry and William D. Sessoms, Jr.
Council Mem@bers Voting Nay:
None
Council Members Absent:
Nancy K. Parker
- 16 -
Item IV-F.4.
RESOLUTIONS/ORDINANCES ITEM # 30184
ADD-ON
Upon motion by Vice Mayor Fentress, seconded by Councilman Balko, City Council
ADOPTED:
Ordinance authorizing and directing the City Manger
to execute and agreement between the City of
Virginia Beach and Fine Host Corporation.
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,
John L. Perry and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Nancy K. Parker
1 AN ORDINANCE AUTHORIZING AND DIRECTING
2 THE CITY MANAGER TO EXECUTE AN
3 AGREEMENT BETWEEN THE CITY OF VIRGINIA
4 BEACH AND FINE HOST CORPORATION
5
6
7 WHEREAS, the City of Virginia Beach owns and operates
8 the Pavilion Convention Center;
9 WHEREAS, on July 1, 1988, the City and Service America
10 Corporation entered into an Agreement extending the expiration
11 date on the Contract requiring Service America to provide food
12 services to the Pavilion from September 19, 1988, to December 31,
13 1988;
14 WHEREAS, the City has solicited proposals from
15 qualified individuals to provide for the operation of food
16 services facilities at the Pavilion;
17 WHEREAS, those proposals have been reviewed and Fine
18 Host Corporation's proposal has been deemed to be the proposal
19 to best serve the needs of the City and the Pavilion;
20 NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE
21 CITY OF VIRGINIA BEACH, VIRGINIA:
22 1. That the attached Agreement between the City of
23 Virginia Beach and Fine Host Corporation is approved.
24 2. That the City Manager is hereby authorized and
25 directed to sign the attached Agreement between the City of
26 Virginia Beach and Fine Host Corporation.
27
28 Adopted by the Council of the City of Virginia Beach,
29 Virginia, this 17 day of October 1 1988.
30 VED AS TO CONTENTS
31
32 KJC/clb
33 10/12/88
34 CA-2974
35 FINE.ORD DEPARTMENT
APPROVED AS TO LEGAL
y
AGREEMENT
ThiS Agreement made this day of
19-1 between the City of Virginia Beach, Municipal Center,
Virginia Beach, Virginia 23456 ("Owner"), and Fine Host
Corporation, 191 Mason Street, Greenwich, Connecticut 06830,
("Fine Host").
RECITALS
owner owns and intends to operate a public facility
known as the Virginia Beach Pavilion Convention Center ("Center")
and Fine Host is engaged in the food service business.
Fine Host desires to operate the food service in the
Center and throughout the premises and receive certain related
rights at the Center, which privileges Owner has the right to
grant.
Therefore, in consideration of the premises and oE the
mutual promises herein contained, it is agreed as follows:
1. EXCLUSIVE RIGHTS. Owner grants to Fine Host the exclusive
right to operate all food service facilities in the Center and
throughout the premises and certain related rights in the Center
including the right to use all those facilities in the Center
necessary to operate the service, during the term hereof, to
include the following types of sales:
(a) All sales of food and food products served or sold on
premises except as otherwise provided iw.this Agreement.
(b) All sales of products vended by means of mechanical
vending machines.
(c) All sales of food and food products served in all
concession areas.
(d) All sales of all alcoholic beverages as permitted by
law.
(e) All sales of products related to and normally sold in
conjunction with food service programs, such as novelties,
programs, tobacco products, and alike, provided, however, that
the Owner reserves unto itself the exclusive right to assign the
sale of such items (but not the items listed in (a) through (d)
to others in connection with their individual use of the Center.
From time to time, but not more than once each calendar
quarter, the City of Virginia Beach and the Center may authorize
the use of the facilities to certain public benefit groups.
Such groups may make use of the entire facility or such
areas necessary to accommodate the function. At such time the
group may provide their own food products and non-alcoholic
beverages.
The following specific conditions must be met for such
groups to qualify.
1) The group must be a civic and/or charitable organization
based in Virginia Beach and in existence for at least six months
prior to the time of written petition.
2) The group must be non-profit in purpose and must be
2
exempt Irom taxation purguant to 'I 5011c,lll ndlor 5Ollc,ll, ol
the Internal Revenue Code of 1986.
3) The group must be of profound public benefit to the City
of Virginia Beach.
4) The City manager must be petitioned in writing for the
permission, and the City Manager will decide which group may use
the Center.
5) A fee of $300.00 per day must be paid to Fine Host for
use of the kitchen facilities.
6) All alcoholic beverages must be supplied by Fine Host
under its ABC license.
During such usage the Owner will be responsible for the
actions of the group and for the clean-up and damage or loss to
Fine Host or to the owner of equipment and service-wares. A
Supervisor will be provided by Fine Host and have the right of
access to all facilities at the Center during the event. Owner
and Fine Host will give priority in scheduling events to those
events normally occurring in such a facility. Any such
organization will not contract food, beverages and related
services to an outside party without the approval of Fine Host
and Owner. The granting of approval to use the Center will be
considered only after receipt of the terms of such contracts.
2. TERMS OF AGREE14ENT. The term of this Agreement shall be for
a period of five (5) years with the parties having the option,
upon mutual agreement, to extend the Agreement for an additional
three (3) years, subject to compliance with the laws of the
3
Commonwealth of Virginia. Fine Host shall give owner one hundred
eighty (180) days written notice if it wishes to request that the
Agreement be extended.
The initial term of the Agreement shall commence on January
1, 1989.
3. MENU PRICING. Fine Host will submit menus and prices by
December 1, 1988. Fine Host agrees to use similar prices for
similar menu items in the Center. Subsequent menu pricing will
be negotiated by the Owner and Fine Host. Owner will have final
right of approval of changes but will not be unreasonable in
approving increase requests.
4. C014MISSION SCHEDULE. In consideration of the exclusive
rights and privileges herein granted by Owner, Fine Host shall
pay to Owner the following percentage commissions on annual gross
revenues, gross revenues being defined as total revenues less
sales taxes and gratuities:
Gross Revenues
Gross Revenues from $500,060 GrosS Revenues
Up to $500,000 to $1,000,000 over $1,000,000
Annually Annually Annually
a. Concession
Revenues
Including Non-
alcoholic
Beverages 37.2% 37.2% 41.2%
b. Catering Reve-
nues; Banquet
Revenues; and
Beer, Wine and
Other Alcoholic
Beverages
Revenues 26.2% 26.2% 30.2%
4
c Vending Income
Revenues 10% 10% 10%
d. Non-Food or
Non-Food Vending
Items 32% 32% 30%
e. Off Premises
Catering Reve-
nues (see
Section 39) 26.2% 26.2% 30.2%
Note: At times, programs, souvenirs,
novelties and other items will be sold by
Fine Host for the benefit of event-holders.
In that event, commission revenues which
Fine Host receives from the event-holders's
sales will be included in Gross Revenues.
5. FINE HOST'S INVESTMENT. Fine Host agrees to provide as a
minimum such servicewares and equipment as itemized and attached
in Addendum #2, and made a part of this Agreement. During the
term of this Agreement, Fine Host will maintain, repair and
replace food service equipment when necessary, or when so
directed by Owner.
Fine Host shall maintain on the premises sufficient
inventory of servicewares to enable Fine Host to provide its
services and further Fine Host shall provide additional
servicewares in the event that attendance exceeds 3,000 persons
per function.
6. DEPRECIATION SCHEDULE. Fine Host shall depreciate its
initial investment, at its actual purchase price, as referenced
on Addendum #2, on an five (5) year straight line basis,
commencing with the first day of the term for this Agreement.
Subsequent investments for the new equipment and replacement of
5
existing equipment shall be depreciated on the same basis from
the date of installation. A summary of Fine Host's initial
investment and depreciation plan is found in Addendum #2. At the
conclusion of the term of the Agreement, whether the term is five
years or eight years, all property that is the subject of the
depreciation schedule, shall become the property of the Owner.
However, whether the term of the Agreement is five years or eight
years, the property as referenced in Addendum #2 shall be
depreciated over five years.
7. OWNER'S INVESTMENT. Owner will provide to Fine Host, for its
use throughout the term, the following items:
a. All cooking equipment and other fixtures currently on
premises in an "as is" condition.
b. Banquet tables and chairs for 3,000 persons.
C. Two offices located in the Mezzanine Administrative
level. One office located near the "Kitchen Area."
d. All necessary equipment and facilities that are required
by any Government al authority for a safe and proper conduct of a
food service operation, other than the equipment and facilities
required to be provided by Fine Host.
8. QUALITY CONTROL. Fine Host will use in its services at the
Center only highest quality products. The specifications for
these products will be no less than the following federally
recognized grades:
Dairy Products Grade A
Butter -9,3 Score
6
Meat U.S.D.A. Inspected Choice
Fish U.S. Government Inspected
Frozen Fruits & Vegetables Highest Quality Available
Poultry Products U.S.D.A. Inspected-Grade A
9. MUTUAL EMPLOYMENT AGREEMENT. Owner and Fine Host each agree
that it will not hire, for its own employment, throughout the
term of this Agreement and for a period of one year thereafter,
any supervisory or management personnel employed by each other in
connection with the operation at the Center, unless such other
party agrees in writing.
10. ASSIGNMENT OF AGREEMENT. Neither Fine Host nor the Owner
shall assign, @ransfer, convey, sublet, or otherwise dispose of
this Agreement, or any part thereof, to any person, partnership,
company, or corporation, without the prior written approval of
the other party.
ii. LAWS AND PERMITS. Fine Host shall procure all necessary
permits and licenses, pay all fees and charges incidental to the
lawful conduct of the services. Owner shall assist Fine Host in
obtaining such permits and licenses, to the extent possible.
Fine Host shall comply with existing laws, ordinances, and
regulations which affect the food service operation covered by
this Agreement.
12. INDEMNIFICATION. Fine Host shall protect, indemtnify and
hold harmless the Owner, its officers, employees, and agents from
all claims, demands, suits, actions, judgments and recoveries for
.or on account of damage or injury, including death, to property
7
or persons which may arise out oE or be related to Fine Host's
pereormance pursuant to or because of this Agreement. The Owner,
however, will be responsible for claims for damages arising out
of the sole negligence of its employees.
13. INSURANCE. Fine Host and their insurance company shall
submit to the Owner's Department of Finance for retention by the
owner's Risk manager, insurance certificates indicating insurance
coverage of the following limits, written by Insurance companies
authorized to conduct business in Virginia and naming the Owner
as additional insured:
a. Workmen's Compensation Insurance - as prescribed by
SSt-ate Statue.
b. Comprehensive General Liability Insurance - including
contractual liability, products completed operations
liability and an indorsement eliminating the liquor
liability exclusion. $1,000,000 Combined Single LimitS.
c. Comprehensive AUtoMobile Liability Insurance -
Bodily Injury - each person $250,000
Bodily Injury - each occurrence $500,000
Property Damage - each occurrence $250,000
These insurance certificates shall be maintained for the
entire term of the Agreement.
Fine Host and the Insurance Company shall notify the Owner
of any change in coverage, terms, or cancellations, at least
sixty (60) days prior to such change to the attention of:
City of Virginia Beach
Department of Finance
Risk kanagement Division
Virginia Beach, VA 23456
owner and Fine Host waive any and all rights of recovery
from each other for losses caused by the perils defined in their
8
respective f i r e ,extended coverage and sprinkler leakage
insurance policies.
Neither party shall be liable to the other for any loss of
or damage to the property, equipment, buildings, or premises in
whiCh there is an insurable interest held by the other,
notwithstanding the negligence of their respective employees or
agents.
14. FORCE MAJEURE. Neither party shall be obligated to perform
hereunder and neither shall be in default if performance is
prevented by fire, earthquake, flood, act of God, failure of
utilities, riot, civil commotion or other occurrences of like
nature, any law, ordinance, rule, regulation, or order of any
public or military authority. Fine Host shall not be deemed to
be in default to the extent that its performance is prevented by
strikes or labor disputes other than strikes and labor disputes
between Fine Host and its own employees and, provided further,
that this provision shall not excuse performance where any
alternate supply of products, labor or services is available.
15. UTILITIES. Owner, at his cost, will provide Fine Host with
all utilities, including, heat, hot and cold running water,
cooling, ventilation, air conditioning, gas and electricity, and
general lighting, necessary for the performance of the food
service facilities and equipment, throughout the term of this
Agreement. Fine Host hereby releases the Owner and waives all
claims to damages or loss profits or other compensation should
9
electrical or mechanical failures prohibit the use of utilities
specified hereinabove.
16. CLEANING AND TRASH REMOVAL. Fine Host shall keep the
facilities and equipment used by it for food services clean and
remove its trash to a central collection point. Owner shall
remove trash from the central collecting point and away from the
premises. Pest control and like services shall be provided by
Owner on a regularly scheduled basis.
17. SET-UP AND BREAK-DOWN. The Owner shall provide all labor
for all trade shows, conventions, and similar events that require
the setting up and breaking down of Owner's tables, chairs,
podiums, stages, and like equipment.
18. STANDARDS. Fine Host shall keep all equipment and working
areas under its jurisdiction, in proper working condition and
shall comply with those standards, which shall also apply to
restaurant and food service facilities generally in Virginia
Beach, Virginia, required for an "A" card rating by the
Department of Health, City of Virginia Beach, State of Virginia,
insofar as it is within Fine Host's power to do so under the
terms of this Agreement.
19. DISCRIMINATION. Fine Host agrees to comply with the
provisions in the attached Addendum #1, 'Non-Discrimination
Clause."
20. ALTERATIONS AND/OR IMPROVEMENTS. Fine Host shall not make
improvements, additions or alterations to the Owner's property
without written consent of the Owner. The use of the -Owner's
10
property shall only be made as authorized herein and as approved
by Owner for other uses.
21. REPORTING, ACCOUNTING AND PAYMENT. Fine Host shall use cash
registers, cash drawers, sales slips, banquet specification
records and other accounting equipment or systems as are
necessary or required by the Owner to properly and accurately
record on a timely basis all transactions affecting results of
operation for which Fine Host is responsible under this
Agreement, and to permit any audit inspections desired by the
Owner, which audit inspections are to be conducted at its own
cost. Fine HoSt shall provide Owner with Daily Sales Reports,
indicating all revenues, sales and expenses.
on or before the thirtieth day following the close of Fihe
Host's monthly accounting period (as specified in Fine Host's
Accounting calendar, to be submitted to the Owner on or before
December 1, 1988), Fine Host shall deliver the commission check
due and payable, along with a statement of revenue for such
period, to the Owner.
22. ADVERTISING. Fine Host will not display signs, posters,
lithographs, cards, banners, plaques, displays or similar
materials used for advertising purposes, nor shall there be
solicitations for any purpose without the approval of the owner.
However, Fine Host shall be allowed to display menus and menu
boards and product identification, in order to communicate its
products and prices to the public.
11
2 3 SURRENDER OF SPACE AND EQUIPMENT. Fine Host agrees not to
permit any waste to any part of the premises authorized to be
used or to its appurtenances. Fine Host further agrees that it
shall, at the end of the term of this Agreement, quit and
surrender the Owner's equipment and premises in good condition,
less reasonable wear and tear.
Fine Host's equipment and service wares shall be removed
from the Owner's premises within forty-eight (48) hours following
the expiration of the term of this Agreement.
Fine Host shall provide the Owner with a list of equipment
and service wares that are supplied by Fine Host throughout the
term of this Agreement.
24. EARLY TER14INATION. In the event that this Agreement is
terminated prior to the expiration of the term, for any reason,
the Owner shall reimburse Fine Host for (a) the undepreciated
balance of its investments, according to the summary Depreciation
Schedule attached and listed in Addendum #2; (b) the outstanding
cost of inventory of food and beverages. Fine Host also agrees
that if the Owner purchases said property and inventory because
of a default by Fine Host, then the Owner may set off and reduce
the amount to be paid Fine Host by the amount of any unpaid
commissions or other payments due hereunder from Fine Host and by
the amount of any damages or loss resulting from or arising out
of the default by Fine Host.
25. DEFAULT PROVISION. In the event that either party shall
fail to perform or to observe any of the terms of this Agreement
12
and such breach is material to the entire Agreement, the party
claiming such failure shall give the other party written notice
of such breach. If within sixty (60) days from delivering such
written notice the failure has not been corrected and, providing
that the time to correct such failure is reasonable, the injured
party may cancel the Agreement by giving the other party ninety
(90) days written notice.
26. NOTIFICATION. Any notifications required by this Agreement
shall be delivered in person to, or mailed, certified mail, to:
OWNER
City Manager, City of Virginia Beach
Department of Convention &
Visitor Development
Municipal Center
Virginia Beach, Virginia 23456
OFFERER
Gerald Giordano
Fine Host Corporation
Virginia Beach Pavilion
Convention Center
Virginia Beach, Virginia 23451
27. PERFORMANCE BOND. Within thirty (30) days following the
execution of this Agreement, Fine Host shall file with the Owner
a security bond in the amount of $100,000. Such bond shall @ , ,
issued by a bonding company licensed to conduct business in the
State of Virginia, and approved by the Owner, which bond shall be
conditioned upon payment by Fine Host of all amounts herein
required during the full term hereof and the faithful performance
of all terms of this Agreement.
13
28 SAMPLE FOOD OR DRINKS. Owner reserves the right to allow
free distribution of sample food and drinks or other items that
may take place from time to time. Owner agrees that such free
distribution of sample food and drinks shall only be allowed in
conjunction with exhibitions of the food service industry.
29. SCHEDULE OF EVENTS. Owner, to the extent possible, shall
provide Fine Host with a schedule of booked and projected events
at least thirty (30) days prior to the actual date of the event,
together with pertinent information, so that Fine Host may
timely fulfill its responsibilities under this Agreement. Owner
intends to notify Fine Host of upcoming events at time of their
booking, but shall not be liable for failure to so notify Fine
Host.
30. CREDIT SALES. Fine Host shall not sell its products and
services on credit. Each event and customer for which Fine Host
provides its services shall pay the charge for the event in full
prior to or at the occurrence of the event.
Owner may request that Fine Host extend credit to Owner's
package group sales customers for banquet and catered events but
not for concessions, bars, programs, etc. In such event, Owner
shall be responsible for payment of all the charges of products
and services provided to customer by Fine Host. In the event that
Fine Host is unable to collect such charges from the customer,
Owner will be required to provide Fine Host with written
authorization of such credit extensions for package group sales
customers, signed by Owner's authorized manager of Center.
14
31. VENDING 14ACHINES. Fine Host shall be responsible for
installation, operation and maintenance of vending machines but
Owner will have the right to approve the location and items sold
and on a reasonable basis the number of machines and prices of
items.
3 2 . EXCUSE OF PERFOR14ANCE. If the Center or any part of the
premises material to this Agreement is destroyed or damaged to an
extent which will substantially interfere with Fine Host's food
service operations, and the premises are not substantially
restored to operating condition within one hundred twenty (120)
days of the event of the damage or destruction or if for any
other reason the Owner is unable to operate the premises for a
continuous period of one hundred twenty (120) days, Fine Host
shall have the option to continue the Agreement and extend the
term of the Agreement by the period of time that. full food
service operation has been precluded, but in no event shall this
Agreement be extended beyond its original term for this purpose.
If Fine Host does not exercise this option either party may
terminate the Agreement after such one hundred twenty (120) days
by written notice to the other party.
33. MANAGER APPROVAL. Owner shall have the prior right to
approve the selection of Fine Host's management. No replacement
of Fine Host's management will be permitted without prior
approval, including interviewing and approving the replacement
Food and Beverage Service Manager for Fine Host at least thirty
(30) days prior to the departure of the previous Manager.
15
34 EXHIBITOR SERVICES. Exhibitors at convention or trade shows
may choose to entertain clients with food and/or beverage items
served directly in their booth display location. This is a
generally acceptable practice, but price agreements between Fine
Host and the Exhibitor must be approved by Owner who shall
receive not less than the maximum concession percentage on said
services.
35. PORTABLE "THEt4ATIC" FOOD SERVICE. For certain events a
client may require specialized or ethnic foods and beverage with
related thematic presentations and displays. There are almost
unlimited variations of these specialized functions, including
the manner in which they are served and the locations employed.
All agreements and pricing for thematic events must have prior
approval by Owner.
36. WATER SERVICE. Fine Host shall provide head table water
service for all meetings at no charge. This service shall
consist of glasses and pitchers for ice water. In addition, a
client may from time to time request water service in meeting
rooms for the audience which Fine Host shall provide at no
charge.
37 . POTENTIAL SALES RESTRICTIONS. Fine Host understands and
agrees that the Center's contracts with clients for particular
functions may stipulate reasonable restriction on the sale of
food, beverages and concession items where necessary, to protect
the goods on display or where necessary because of the nature of
the function. For example, without limiting the generality of
16
the foregoing, such items as gum, sno-cones, and cotton candy may
not be sold at shows displaying boats, campers, automobiles and
like; at functions such as meetings, as opposed to public
exhibitions, the client may require that no food, beverages or
concession items be sold in client's area of occupancy; or the
sale of alcoholic beverages in certain situations or locations
may not be permitted.
38. WRITE-OFFS. Fine Host shall be required to manage and
control losses from bad debts. Fine Host shall be totally
responsible for bad debts. Owner shall receive its commission on
all sales, whether or not Fine Host can collect its money due to
bad debts.
39 . OFF-PREMISE CATERING. Fine Host has made a proposal for
off-premise catering. The Owner has accepted such proposal, and
the commission schedule is shown in Section 4e.
40. UNIFORM DRESS. Fine Host employees will be properly attired
in uniforms. The uniform selected will be mutually agreed upon.
41. WAIVERS. A failure by either party to exercise an@ right
hereunder, or otherwise waive or condone any failure to comply
with any of the terms and conditions of this Agreement, shall not
constitute a continuing waiver or any such provision or any right
of a party to terminate the Agreement.
42. EXPANSION FEASIBILITY STUDY.
Fine Host agrees to and shall be required to underwrite the
reasonable cost of a feasibility study evaluating the need for
the physical expansion of the Center, should sur-h study be deemed
17
necessary or appropriate by Owner. The study shall be conducted
by a major consulting firm. The scope of the study shall be to
analyze both current needs of the Center and those needs of the
Center projected to exist in five to ten years. The areas of
potential physical expansion studied shall include, but not be
limited to:
a) A new ballroom for the hosting of large catered
events;
b) Enclosure of the presently existing atrium;
c) Construction of up to three additional bays to
bring the Center's total exhibit space up to one hundred thousand
(100,000) square feet; and
d) Construction of additional meeting rooms.
The cost of this feasibility study has been estimated to be
approximately Sixty Thousand Dollars ($60,000). The cost of the
study shall be paid to the Owner by Fine Host when the
appropriate consultant has been selected by the Owner, pursuant
to applicable procurement laws, ordinances, policies, rules, and
regulations.
43. 14ARKETING PLAN
Fine Host agrees to and shall be required to employ a full
time catering Sale Manager whose duties shall be as directed by
Fine Host and Owner. Additionally, Fine Host agrees to make
available Twenty Five Thousand Dollars ($25,000) for a special
fund to be used or agreed upon by Center Management and Fine Host
in order to properly introduce mutual-prospective customers to
18
the facilities of the Center and the catering service which Fine
Host will provide.
44. MISCELLANEOUS.
(a) ThiS Agreement shall not be altered or amended except
in writing executed by the parties.
(b) This Agreement shall be binding upon and shall enure to
the benefit of Fine Host's or the Owner's successors and assigns.
(c) Virginia law shall apply.
IN WITNESS WHEREOF, the parties hereto have caused this
Agreement to be executed this - day of 198-.
CITY OF VIRGINIA BEACH,
VIRGINIA
BY
City Manager
ATTEST:
City Clerk
FINE HOST CORPORATION
BY
ATTEST;
19
ADDENDUM #1
NON-DISCRIMINATION CLAUSE
During the performance of this contract, the contractor
agrees as follows:
a. The contractor will not discriminate against any
employee or applicant for employment because of race, religion,
color, sex or national origin, except where religion, sex or
national origin is a bona fide occupational qualification
reasonably necessary to the normal operation of the contractor.
The contractor agrees to post in conspicuous places, available to
employees and applicants for employment, notices setting forth
the provisions of this nondiscrimination clause.
b. The contractor, in all solicitations or
advertisements for employees placed by or on behalf of the
contractor, will state that such contractor is an equal
opportunity employer.
c. Notices, advertisements and solicitations placed in
accordance with federal law, rule or regulation shall be deemed
sufficient for the purpose of meeting the requirements of this
section.
The contractor will include the provisions of the foregoing
paragraphs a, b and c in every subcontract or purchase order of
over ten thousand dollars ($10,000.00), so that the provisions
will be binding upon such subcontractor or vendor. (Ord.No.
1353, 1-32-83).
20
ADDENDUM #2 - I
SUMMARY - INVESTMENT - DEPRECIATION PLAN
1) Equipment $ 60,998.00
2) a. Chinaware 24,900.00
b. Glassware 2,375.00
c. Flatware 6,773.75
3) Kitchen Utensils 8,800.75
4) Misc. Service Wares 4,289.50
5) Linen - Banquet Service 17,075.00
6) Equipment - Other 124,778.00
TOTAL $250,000.00
NOTES: (1) The above investment will be depreciated
on a five (5) year straight line plan.
(2) Figures above are based on prices as of
date of preparation of this Agreement
and may be increased to reflect
actual purchase prices.
21
ADDENDUM t2 - 2
ITEMIZATION OF REQUIRED EQUIPMENT TO BE PROVIDED BY
The following equipment list includes recommended makes and
models. If Fine Host chooses to substitute makes and models in
lieu of those recommended, said substitutes must be of equal or
greater quality. Pricing shall be included to establish values
and amortization rates. The Owner or Owner's representative will
be the sole judge as to whether substitute items meet these
equipment specifications.
All equipment provided shall be new and in good working order.
If Fine Host proposes to use equipment other than new, then such
equipment must be inspected by Owner or Owners representative,
who will determine its adequacy for use at Center.
1. EQUIPMENT NET COST
Twenty-one (21) mobile pan racks manufactured by
Eastern Steel Rack Company, Model A-72-25-2 1/2
or better. 9,450.00
Eight (8) mobile rack dollies manufactured by
Servo-O-Lift Company, Model 750-1 (with handle)
or better. 1,008.00
Five (5) mobile pan racks manufactured by Eastern
Steel Rack Company, Model RIA-64-18-3 or better. 1,455.00
One (1) mobile stand manufactured by Servo-O-Lift
Company, Model 750 (no handle) or better. 73.00
Two (2) electric semi-automatic slicers
manufactured by General Slice, model SM-HD, or
better. 2,950.00
Three (3) mobile pan racks manufactured by Eastern
Steel Rack Company, Model D-72-13-4 1/2 or better. 1,575.00
22
EQUIPMENT (CONT.) NET COST
One (1) mobile pot rack manufactured by Eastern
Steel Rack Company, Model 40-R-4-M or better. $ 490.00
One (1) vertical cutter mixer manufactured by
U.S. Berkel Company, Model VCM-40 or better. 5,535.00
Sixteen (16) mobile heated, electric banquet
carts manufactured by Carter Hoffman Company,
Ten (10) each Model BB-200-D, Three (3) each
Model BB-150, Three (3) each Model BB-96 or
better. 28,962.00
Ten (10) mobile dish carts manufactured by
Servo-O-List Company, Model D-363-36-B or better. 9,500.00
TOTAL EQUIPMENT $ 60,998.00
2 3
ADDENDUM #2 - 3
ITEMIZATION OF REQUIRED EQUIPMENT
2. CHINAWARE, GLASSWARE AND UTENSILS
Chinaware
Jackson China
Shape-McCobb
Pattern Description - two (2) painted lines on
regular body - Lucerne
QUANTITY ITEM NET COST
250 doz. Dinner Plates - #7 9-3/16" $ 7,875.00
750 doz. Salad Plates - #5 7-5/16"
Bread & Butter Plates - #3 5-3/3"
Dessert Plates - #4 6-5/16" 9,962.50
250 doz. Tea Cup - Contempri - 7 oz. 4,125.00
250 doz. Saucers - Small - #5-5/16" 2,937.50
1,500 doz. TOTAL COST $ 24,900.00
GLASSWARE ANCHOR HOCKING
250 doz. Glass, Water - 8 oz. - Heat Treated
Double Bulge - #H.T. 7708 $ 1,125.00
125 doz. Glass, Iced Tea - 12 oz. - Heat
Treated, Double Bulge #7712 718.75
125 doz. Glass, Juice - 5 oz. Heat Treated
- #H.T. 7705 531.25
500 doz. TOTAL COST $ 2,375.00
Flatware
Pattern Hampton
QUANTITY ITEM TOTAL COST
250 doz. Dinner Knives $ 1,725.00
250 doz. Dinner Forks 1,237.50
250 doz. Salad Forks 1,237.50
500 doz. Teaspoons 1,955.00
125 doz. Iced Teaspoons 618.75
1375 doz. Less 5% --
NET TOTAL COST $ 6,773.75
24
ADDENDUM #2 4
3. KITCHEN UTENSILS - VOLLRATH - HEAVY DUTY
QUANTITY ITEM TOTAL COST
11 ea. Stock Pots $ 990.00
24 ea. Roast Pans 1,440.00
214 ea. Bun Pans, Steamtable
Pans/Covers 1,551.50
44 ea. Ladles, (etc.) 1,320.00
28 ea. Funnels, Pails, Measures,
Colanders, Utility Pans, (etc.) 986.00
24 ea. Servers, (Serving Spoons-
Solid/Slotted) 70.80
7 ea. Double Boilers 525.00
44 ea. Bain Maries 880.00
52 ea, Mixing Bowla 520.00
2 ea. Bowls (30 qt.) and Stands 373.90
9 ea. Sauce Pans 143.55
TOTAL 8,800.75
4. MISCELLANEOUS SERVICEWARES
ASSORTED TABLE SERVICEWARES - ANCHOR HOCKING, CAMBRO, HODGES
QUA,NTITY ITEM TOTAL COST
375 doz. Salad Bowls - #SB55-5 1/2"
Cambro 2,231.25
25 doz. Condiment Racks-#7 Bloomfield 550.00
50 doz. Ashtrays, 405/81 Square
#31 Anchor Hockinq 312.50
100 doz. Shakers, Salt/Pepper S/S Top
2 oz. #1830E Anchor Hocking 795.00
38 doz. Pitchers, Mater, r utoa
64 oz. Anchor Rockin2 152.00
25 doz. Bud Vase - White #WlO7Ol
Anchor Hocking 248.75
TOTAL COST 4,289.50
2 5
ADDENDUM #2 - 5
5. BANQUET SERVICE - BAKER LINEN
*300 Tables -- 8' Long - 3011 Wide - Rectangle Shape
ESTIMATED
QUANTITY ITEM TOTAL COST
50 doz. Table Cloths - Damask
White No Iron $ 9,575.00
500 doz. Napkins White - Damask
No Iron 7,500.00
ESTI14ATED TOTAL COST $17,075.00
*Recommended Purchase Quantity
Table Cloths - 2 each per table (300 tables)
Napkins - 2 each per person (3000 people)
ALL ITEMS GRAND TOTAL $125,212.00
26
ADDENDUM #2 - 6
6. RESPONSE TO RFP - OTHER EQUIPMENTS
WILL PROVIDE
A. Concession Stands: AMOUNT
3 - Hot Dog Grills - AMF Wyott $ 3,657.00
3 - Hot Dog Sneeze Grills - AMF Wyott (incl.)
1 - Popcorn Maker - Gold Medal 1,095.00
2 - Popcorn Warmers 772.00
2 - Electric Menu Boards Posterloid 3,712.00
3 - Cotton Candy Makers Gold Medal 2,697.00
2 - 4-Wheel Trucks - Magline 774.00
$ 12,707.00
B. Miscellaneous Equipment
2 - Portable Bars - Supreme Metal $ 8,073.00
1 - File Type Safe 976.00
60 - Assorted Glass Racks 3,792.00
1 - Portable Scale 397.00
5 - Custom Portable Concessions 64,245.00
1 - Orange Juice Machine 3,640.00
3 - Decorated Vendor Carts 15,900.00
$ 97,023.00
C. Desks, Typewriter, File Cabinets, etc. $ 15,058.00
TOTAL OTHER EQUIPMENT $124,788.00
27
- 17 -
Item IV-G. 1
CONSENT AGENDA ITEM # 30185
UpoD motion by Councilman Baum, seconded by Councilman Sessoms, City Council
APPROVED in ONE MOTION Items 2, 3, 6, 8, 9, 10 and 11 of the CONSENT AGENDA.
Item I was DEFERRED until the City Council Meeting of October 24, 1988.
Ttems 4, 5 and 7 were pulled for a separate vote.
Voting: 10-0
Council Members Voting Aye:
Albert W. Baiko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, Reba
S. @IcClanan, John D. Moss, Mayor Meyera E. Oberndorf,
John L. Perry and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Nancy K. Parker
- 18 -
Item IV-G.1
CONSENT AGENDA ITEM # 30186
Upon motion by Councilman Baum, seconded by Councilman Sessoms, City Council
DEFERRED for one week until the City Council Meeting of October 24, 1988:
Ordinance to AMEND and REORDAIN Section 2-226 of
the Code of the City of Virginia Beach, Virginia,
re City Depositories Generally.
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,
John L. Perry and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Nancy K. Parker
19 -
Item IV-G.2
CONSENT AGENDA ITEM # 30187
Upon motion by Councilman Baum, seconded by Councilman Sessoms, City
Council ADOPTED:
Ordinance to AMEND and REORDAIN Section 6-21 of the
Code of the City of Virginia Beach, Virginia, re
Little Island Exit Ramp.
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. @IcClanan, John D. Moss, Mayor Meyera E. Oberndorf,
John L. Perry and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Nancy K. Parker
"'y
1 AN ORDINANCE TO AMEND AND REORDAIN
2 SECTION 6-21 OF THE CODE OF THE
3 CITY OF VIRGINIA BEACH, VIRGINIA,
4 PERTAINING TO LITTLE ISLAND EXIT
5 RAMP
6
7 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
8 BEACH, VIRGINIA:
9 That Section 6-21 of the Code of the City of Virginia
10 Beach is hereby amended and reordained to read as follows:
11
12
13
14 exit-rampt
15
16 the -beach-F
17 except--i-n-@
18
19 Section 6-21. Vehicles prohibited on Little Island exit ramp
20 No person shall operate any vehicle on the exit ramp at
21 the south end of Little Island Park, excepting law enforcement,
22 maintenance and emergency vehicles and vehicles operating on the
23 beach by permission of the Virginia Division of Parks and
24 Recreation.
25
26 Adopted by the Council of the City of Virginia Beach,
27 Virginia, on the -17th day of October 1988.
28
29 WEB/epm
30 07/19/88
31 CA-02832
32 \ordin\proposed\06-021.pro
33
34
35
- 20 -
Ttem IV-G.3
CONSENT AGENDA ITDI # 30188
Giles Dodd, Assistant City Manager for Administration, advised for the year
ending June 30, 1988, certain materials and services had been ordered which had
not been performed by this date. Therefore, this amount cannot be charged as an
expense for the year ending June 30, 1988 as said expense has not yet occurred.
The only items outstanding were either the contract or the purchase order. When
the year ends, the City reserves off the amount of those encumbrances and shows
same on the balance sheet of June 30, 1988. Council is requested to Appropriate
the funds brought forward as a reserve account into this year.
Upon motion by Councilman Baum, seconded by Councilman Sessoms, City Council
APPROVED upon FIRST RFADING:
Ordinance to APPROPRIATE $9,434,621 for Fiscal Year
1989 for the payment of purchase orders brought
forward from Fiscal Year 1988.
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,
John L. Perry and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Nancy K. Parker
AN ORDINANCE TO "PROPRIATE $9,434,621
FOR FISCAL YEAR 1989 FOR THE PA@ OF
PURCHASE ORDERS BROUGHT FORWARD FRO?(
FISCAL YEAR 1988
WHEREAS, during the course of business in fiscal year 1988, purchase
orders or contracts were issued committing the city to purchase of materials,
supplies, equipment or services for use by several departments, divisions, or
bureaus, and
WHEREAS, these purchase orders or contracts were charged to appropri-
ations previously authorized for the fiscal year ended June 30, 1988 so as to reduce
the unencumbered balance of those appropriations, and
WHEREAS, on June 30, 1988, there were purchase orders or contracts
totalling $9,434,621 for which materials, supplies, equipment or services had not
been delivered or invoiced.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, that the funds totalling $9,434,621 unexpended and represented by purchase
orders outstanding on June 30, 1988 be reappropriated as additions to fiscal 1989
appropriations to the respective departments, division, or bureaus of the city so
that upon delivery of the materials, supplies, equipment or services, there shall be
sufficient funds to make payment. These funds shall be appropriated from the
following respective fund balances:
General $ 6,147,842
School Operating 1,411,731
Water and Sewer 1,071,082
Golf Course 208,977
City Garage 33,203
Telecommunications 237,497
Print Shop 50,672
Pendleton Child Service Center 9,636
General Debt 204,665
Risk Management 7,271
Law Library 4,45
Marine Science Museum 51 600
Total Outstanding 4 621
This ordinance shall be in effect from the date of its adoption.
Adopted by the Council of the City of Virginia Beach, Virginia on
day of 1988.
October 17, 1988
PUBLIC HEARING:
October 17, 1988
FIRST READING:
SECOND READING:
- 21 -
Item IV-F.4
CONSENT AGENDA ITFIL # 30189
Maryann I. Ustick, Director - Housing and Community Development, responded to
City Council inquiries. These funds are to be utilized to supplement CBDG
Funds in the TARGET NEIGHBORHOODS. Tf funds remain after this use,
applications will be accepted from outside the TARGET AREAS. This would be
contingent upon the identification of a source of matching funds such as
,'sweet equity" or matching funds provided by the low-income homeowner,
private monetary donations or donations of labor and material.
Upon motion by Councilman Balko, seconded by Councilman Moss, Cit Council
APPROVED upon FIRST READING:
Ordinance to ACCEPT and APPROPRIATE $6,509 from the
Virginia Department of Housing and Community
Development for an Emergency Home Repair Program.
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,
John L. Perry and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Nancy K. Parker
ORDINANCE TO ACCEPT AND APPROPRIATE $6,509 FROM THE
VIRGINIA DEPARTMENT OF HOUSING AND CO ITY DEVELOPMENT
FOR AN E24ERGENCY HOME REPAIR PROGRAM
WHEREAS, the Commonwealth of Virginia has established the
Virginia Housing Partnership Fund to encourage the improvement of
housing opportunities for low-income Virginians; and
WHEREAS, the Virginia Department of Housing and Community
Development has authorized grants under this program to
localities to provide emergency home repairs to eligible
citizens; and
WHEREAS, the Virginia Department of Housing and Community
Development has infonned the City that $6,509 has been awarded to
the City for such emergency repairs;
NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH that a grant of $6,509 from the Virginia
Department of Housing and Community Development for emergency
home repairs is accepted and appropriated to the City Department
of Housing and Community Development.
BE IT FURTHER ORDAINED THAT the City Manager is authorized
to execute a grant agreement with the virginia Department of
Housing and Community Development accepting such funds.
BE IT FURTHER ORDAINED THAT the City of Virginia Beach will
comply with all requirements of this program as set forth by the
Virginia Department of Housing and Community Development.
Adopted by the Council of the City of Virginia Beach on the
day of 1988.
APPROVED AS TO CONTEW: APPROVED AS TO FORM:
Mar Ustick ector City Attorne@
Depart*(ent of Housing and
Community Development
FIRST READING: October 17, 1938
- 22 -
Item TV-F.5
CONSENT AGENDA ITEM # 30190
Maryann T. Ustick, Director - Housing and Community Development, responded to
City Council inquiries and advised she will prepare a written statement
relative a breakdown of the costs. Each budget year, a certain amount of CDBG
Administation funds are budgeted for indirect costs. For the 12th Progam
Year, the actual charge for indirect costs is $82,665. These actual indirect
costs exceed the $58,131 in funds currently available for indirect costs in
that program year. Funds are being transferred from contingencies not from a
project to cover these excess adniinistrative costs.
Upon motion by Councilman Balko, seconded by Councilman Moss, Cit Council
ADOPTED:
Ordinance to TRANSFER $24,534 within the 12th Year
Administrative Budget of the Department of Housing
and Commi,nity Development for the purpose of
funding Tndirect Costs.
Voting: 10-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. lienley, Reba
S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf,
John L. Perry and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Nancy K. Parker
REQUESTED BY: THE DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT
AN ORDINANCE TO TRANSFER TWENTY FOUR THOUSAND
FIVE HUNDRED AND THIRTY FOUR DOLLARS
($24,534)WITHIN THE 12TH YEAR ADMINISTRATIVE
BUDGET OF THE DEPARTMENT OF HOUSING AND
COMMUNITY DEVELOPMENT FOR THE PURPOSE OF
FUNDING INDIRECT COSTS
WHEREAS, the Budget for the 12th Program Year of the
Department of Housing and Community Development contains funds
for indirect cost charges; and
WHEREAS, the actual amount of those charges exceeds the
amount available for those charges by twenty four thousand five
hundred and thirty four dollars ($24,534); and
WHEREAS, these costs are an eligible expenditure of CDBG
funds;
NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
That funds in the amount of Twenty Four Thousand, Five
Hundred and Thirty Four Dollars ($24,534) be transferred within
the twelfth year administrative budget of the Department of
Housing and Community Development for the purpose of funding such
indirect costs.
Adopted by Council of the City of Virginia Beach on the
17
- day of October, 1988.
APPROVED AS TO CONTENT: APPROVED AS TO FORM:
Depa
Mary Stick, ctor City Attorn
t Of Housing and
Community Development
- 23 -
Item IV-G.6
CONSENT AGENDA ITEM # 30191
Upon motion by Councilman Baum, seconded by Councilman Sessoris, City Council
APPROVED:
CONFIRMATION of APPOINTMENT of Assistant City Attorney
Elizabeth E. Fox Effective October 10, 1988
Voting: 10-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice M@ayor 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:
None
Council Members Absent:
Nancy K. Parker
@it@ c3f
J. DALE BIMSON MUNICIPAL CENTER
CITY ATTORNEY VIRGINIA BEACH, VIRGINIA 23456-9002
(804) 427-4531
October 11, 1988
The Honorable Meyera E. Oberndorf, Mayor,
and Members of City Council
Municipal Center
Virginia Beach, Virginia 23456
Dear Madam Mayor & Members of City Council:
Re: Appointment of Elizabeth E. Fox
It is requested that the appointment of Elizabeth E. Fox as
Assistant City Attorney be confirmed by the City Council pursuant
to Section 2-166 of the Code of the City of Virginia Beach. It
is also requested that this appointment be effective as of
October 10, 1988. This appointment will fill a CIP grant
position vacancy.
I appreciate your assistance in this matter.
Very truly ur S,
Bimson
D
Cl
.t Attorney
JDB/cb
CC: Aubrey V. Watts, Jr., City Manager
- 24 -
Item TV-G.7.
CONSENT AGENDA ITFPI # 30192
Upon motion by Councilman Baum, seconded by Councilman Perry, City Council
ADOPTED:
Ordinance to authorize a temporary encroachment
into a portion of the City's navigable water way
known as Bass Inlet West, to JOSEPH C. BECK, JR.,
his heirs, assigns and successors in title.
The following conditions shall be required:
1. The owner agrees to remove the encroachment when
notified by the City of Virginia Beach, at no
expense to the City.
2. The owner agrees to keep and hold the City free and
harmless of any liability as a result of the
encroachment.
3. The owner agrees to maintain said encroachment so
as not to become unsightly or a hazard.
Voting: 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 N,eyera E. Oberndorf,
John L. Perry and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Nancy K. Parker
1 Requested by Department of Public Works
2
3 AN ORDINANCE TO AUTHORIZE
4 A TEMPORARY ENCROACHMENT
5 INTO A PORTION OF THE
6 CITY'S NAVIGABLE WATER
7 WAY KNOWN AS BASS INLET
8 WEST TO JOSEPH C. BECK,
9 JR., HIS HEIRS, ASSIGNS
10 AND SUCCESSORS IN TITLE
11
12 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
13 BEACH, VIRGINIA:
14 That pursuant to the authority and to the extent
15 thereof contained in Section 15.1-893, Code of Virginia, 1950, as
16 amended, Joseph C. Beck Jr., his heirs, assigns and successors in
17 title are authorized to construct and maintain a temporary
18 encroachment into the City's navigable water way known as Bass
19 Inlet West.
20 That the temporary encroachment herein authorized is
21 for the purpose of constructing and maintaining a bulkhead and
22 pier to prevent erosion and that said encroachment shall be
23 constructed and maintained in accordance with the City of
24 Virginia Beach Public Works Department's specifications as to
25 size, aligriment and location, and further that such temporary
26 encroachment is more particularly described as follows:
27
28 An area of encroachment into a
29 portion of the City's navigable
30 water way known as Bass Inlet West
31 as shown on that certain plat
32 entitled: "PROPOSED PIER AND
33 BULKHEAD FOR JOSEPH C. BECK
34 111=30, "I a copy of which is on file
35 in the Department of Public Works
36 and to which reference is made for
37 a more particular description.
38
39 PROVIDED, HOWEVER, that the temporary encroachment
40 herein authorized shall terminate upon notice by the City of
41 Virginia Beach to Joseph C. Beck, Jr., his heirs, assigns and
42 successors in title and that within thirty (30) days after such
43 notice is given, said encroachment shall be removed from the
44 City's navigable water way known as Bass Inlet West and that
45 Joseph C. Beck, Jr., his heirs, assigns and successors in title
46 shall bear all costs and expenses of such removal.
47 AND, PROVIDED FURTHER, that it is expressly understood
48 and agreed that Joseph C. Beck, Jr., his heirs, assigns and
49 successors in title shall indemnify and hold harmless the City of
50 virginia Beach, its agents and employees from and against all
51 claims, damages, losses and expenses including reasonable
52 attorney's fees in case it shall be necessary to file or defend
53 an action arising out of the location or existence of such
54 encroachment.
55 AND, PROVIDED FURTHER, that this ordinance shall not be
56 in effect until such time that Joseph C. Beck, Jr. executes an
57 agreement with the City of Virginia Beach encompassing the
58 afore-mentioned provisions.
59 Adopted by the Council of the City of Virginia Beach,
60 Virginia, on the 17th day of October 19 88
61
62
63 JAS/ih @PROVED AS TO CONTENTS
64 08/3 1/88
65 CA-88-2931
66 (encroach\beck.ord) SIC;NATDRE
DEPARTMENT
APPROVED Ac To@ T.FGAL
5U,
2
THIS AGREEMENT, made this /@ day of
19@, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a
municipal corporation, party of the first part, and JOSEPH C.
BECK, JR., HIS HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, party of
the second part.
W I T N E S E T H:
That, WHEREAS, it is proposed by the party of the
second part to construct and maintain a bulkhead and pier to
prevent erosion in the City of Virginia Beach; and
WHEREAS, in constructing and maintaining such
bulkhead and pier, it is necessary that the said party of the
second part encroach into the City's navigable water way known
as Bass Inlet West; and said party of the second part has
requested that the party of the first part grant a temporary
encroachment to facilitate such bulkhead and pier within the
City's navigable water way known as Bass Inlet West.
NOW, THEREFORE, for and in consideration of the
premises and of the benefits accruing or to accrue to the party
of the second part and for the further consideration of One
Dollar ($1.00), in hand paid, to the said party of the first
part, receipt of which is hereby acknowledged, the party of the
first part doth grant to the party of the second part a
temporary encroachment to use the City's navigable water way
known as Bass Inlet West for the purpose of constructing and
maintaining such bulkhead and pier.
It is expressly understood and agreed that such
temporary encroachment will be constructed and maintained in
accordance with the laws of the Commonwealth of Virginia and
the City of Virginia Beach, and in accordance with the City of
Virginia Beach Public Works Department's specifications and
approval as to size, aligrunent and location and is more
particularly described as follows, to wit:
An area of encroachment into a portion of
the City's navigable water way known as
Bass Inlet West as shown on that certain
plat entitled: "PROPOSED PIER AND BULKHEAD
FOR JOSEPH C. BECK 111=301," a copy of which
is attached hereto and to which reference
is made for a more particular description.
It is further expressly understood and agreed that
the temporary encroachment herein authorized shall terminate
upon notice by the City of Virginia Beach to the party of the
second part, and that within thirty (30) days after such notice
is given, such temporary encroachment shall be removed from the
city's navigable water way known as Bass Inlet West by the
party of the second part; and that the party of the second part
shall bear all costs and expenses of such removal.
It is further expressly understood and agreed that
the party of the second part shall indemnify and hold harmless
the City of Virginia Beach, its agents and employees, from and
against all claims, damages, losses and expenses including
reasonable attorney's fees in case it shall be necessary to
2
file or defend an action arising out of the location or
existence of such temporary encroachment.
It is further expressly understood and agreed that
nothing herein contained shall be construed to enlarge such
permission and authority to permit the maintenance or
construction of any encroachment other than that specified
herein and to the limited extent specified herein, nor to
permit the maintenance and construction of any encroachment by
anyone other than the party of the second part.
It is further expressly understood and agreed that
the party of the first part, upon revocation of such authority
and permission so granted, may remove any such encroachment and
charge the cost thereof to the party of the second part, and
collect the cost in any manner provided by law for the
collection of local or state taxes; may require the party of
the second part to remove such temporary encroachment; and
pending such removal, the party of the first part may charge
the party of the second part compensation for the use of such
portion of the City's navigable water way known as Bass Inlet
West encroached upon the equivalent of what would be the real
property tax upon the land so occupied if it were owned by the
party of the second part; and if such removal shall not be made
within the time ordered hereinabove by this Agreement, the City
shall impose a penalty in the sum of One Hundred Dollars
($100.00) per day for each and every day that such encroachment
is allowed to continue thereafter, and shall collect such
3
compensation and penalties in any manner provided by law for
the collection of local or state taxes.
CITY OF VIRGINIA BEACH
By
City Manager
(SEAL)
ATTEST:
City Clerk
By @,4
Joseph C. BecW, Jr.
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
I, a Notary
Public in and for the City and State aforesaid, do hereby
certify that AUBREY V. WATTS, JR., City Manager for the CITY
OF VIRGINIA BEACH, whose name is signed to the foregoing
Agreement bearing date on the day of -, 19
-, has acknowledged the same before me in my City and State
aforesaid.
4
GIVEN under my hand this day of
19
Notary Public
My Commission Expires:
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
I, a Notary
Public in and for the City and State aforesaid, do hereby
certify that RUTH HODGES SMITH, City Clerk for the CITY OF
VIRGINIA BEACH, whose name is signed to the foregoing Agreement
bearing date on the day of 1 19 -1 has
acknowledged the same before me in my City and State aforesaid.
GIVEN under my hand this day of
19
Notary Public
My commission Expires:
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
I, @x ILI@ ZE.C @t,.vgv a Notary
Public in and for the City and State aforesaid, do hereby
certify that Joseph C. Beck, Jr., whose name is signed to the
foregoing writing, bearing date the /,-S@ day of
5
19 ks-I has acknowledged the same
before me in my City and state aforesaid.
Given under my hand this day of
19W.
N@Y @ic -
My Commission Expires:
JAS/ih
08/31/88 AS TO CONTENTS
CA-2931
(encroach\beck.agr)
SIGNATURE
DEPARTMENT
APPROVED AS TO LEGAL
SUFFICIENCY AND F-- RM
A,
@@TY ATTOP@IEY
6
BASS INLER- IYEST
9 @.-7
14 11
1.4 3 45
S 10'43'E
tcIAY 17 1988
BLUEBILL DRIVE (50,Rlty)
C.ITY ENGINEER'S OfrICE
ANZ)
e
30, Al
A44A'tz>
colitily or 1.4 sl--
callf)" y Y/JW
56
- 25 -
Item IV-G.8.
CONSENT AGENDA ITEM # 30193
Upon motion by Councilman Baum, seconded by Councilman Sessoms, City Council
APPROVED:
Low Bid to VICO CONSTRUCTION CORPORATION in the
amount of $124,059.89 for Fiscal Year 1987/88 -
1991/92 Water Utility Capital Improvement Program
(CIP 5-032, 5-033).
Voting: 10-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara ivi. Henley, Reba
S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf,
John L. Perry and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Nancy K. Parker
- 26 -
Itern IV-G.9.
CONSENT AGENDA ITEM # 30194
Upon motion by Councilman Baum, seconded by Councilman Sessoms, City Council
APPROVED:
RAFFLE PERMIT
KIWANIS CLUB OF LYNNHAVEN
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,
John L. Perry and William D. Sessoms, Jr.
Council @lembers Voting Nay:
None
Council Members Absent:
Nancy K. Parker
- 27 -
Item IV-G.10.
CONSENT AGENDA ITEM # 30195
Upon motion by Councilman Baum, seconded by Councilman Sessoms, City Council
ADOPTED:
Ordinance authorizing Tax Refunds upon application
of certain persons in the amount of $1,230.86 and
upon certification fo the City Treasurer for
Payment.
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,
John L. Perry and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Men@bers Absent:
Nancy K. Parker
@M NO. C.A. 7 9/1/88 EMC
AN ORDINANCE AUTHORIZING TAX REFUNDS
UPON APPLICATION OF CERTAIN PERSONS
AND UPON CERTIFICATION OF THE TREASURER
FOR PAYMENT
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for tax refunds upon certification of the Treasurer are hereby approved:
NAME Tax Type Ticket Exonera- D ate Penalty Int. Total
Year of Tax Number tion No. Paid
Louise R Jernigan 86 RE(1/2) 49123-6 1/6/86 49.70
Louise R Jernigan 86 RE(2/2) 49123-6 7/15/87 54.30
Louise R Jernigan 87 RE(1/2) 51488-0 7/15/87 65.08
Louise R Jernigan 87 RE(2/2) 51488-0 7/15/87 62.14
Efthymios & Panayiota Loizon 88 RE(2/2) 63692-6 5/18/88 57.43
Thomas L Ainscough 88 RE(2/2) 1016-5 8/5/88 88.32
Arlie A Rispoli 88 RE(2/2) 91688-3 5/3/88 31.63
Foster L Jr & Lyla 0 Gomez 88 RE(2/2) 40456-0 6/5/88 50.70
Evelyn M Ange 88 RE(2/2) 25q7-n 4/29/88 83.20
Franklin Kinsey Jr 84 pp 85612-9 8/15/88 79.48
Total 621.98
This ordinance shall be effective from date of adoption.
The above abatement(s) totaling
$621.98 were approved by
the Council o@p%@ity of Virginia
Beach on the t aay of October, .1988.
Approved as to forrp:
Ruth Hodges Smith
City Clerk
Dal@ini-sdn, City Attorney
M 0. C. A. 7 8/29/88 EMC
AN ORDINANCE AUTHORIZING TAX REFUNDS
UPON APPLICATION OF CERTAIN PERSONS
AND UPON CERTIFICATION OF THE TREASURER
FOR PAYMENT
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for tax refunds upon certification of the Treasurer are hereby approved:
NAME Tax Type Ticket Exonera- Date Penalty Int. Total
Year of Tax Number tion No. Paid
arian W Booker 88 RE(2/2) 10214-6 5/31/88 42.62
ecil T & Kathleen Brown 87 RE(2/2) 121230-2 6/5/87 398.88
oodman Segar Hogan E&T Co 86 RE(1/2) 49016-6 3/11/87 45.84
oodman Segar Hogan E&T Co 86 RE(2/2) 49016-6 3/11/87 47.77
oodman Segar Hogan E&T Co 87 RE(]/2) 51373-8 3/11/87 43.77
illiam R Farmer N/A Pkng 111394 11/6/86 30.00
Total 608.88
This ordinance shall be effective from date of adoption.
The above abatement(s) totaling
- $608 were approved by
the Council of the City of Vilginia
Beach on the @o I :T
-@t&y Of Oct ber, -IS08.
Atkinson, Treasurer
Approved as tolform:
Ruth Hodges Smith
City Clerk
j@. Dil(! Bini'soti, City Atioriiey
INTER OFFICE CORRESPONVENCE
I. R.ply, Refer T. 0.@ File N..
DATE: September 16, 1988
TO: Genie Cobb DEPT: Treasurer's office
FROM: Leslie L. Lilley, DEPT: City Attorney
RE: Tax Refund Request of 8/29/88
I am returning the above-referenced tax refund request to
you for additional information on the item listed as William R.
Farmer - Parking ticket paid in error - Refund $30.00. Some
additional explanation is needed to determine why this was an
error and should be refunded.
LLL/lmt
Enclosure
MER. F(EALTORS. INC,
J-uary 9, 1987
John T. Atkirison, city Treasurer
MurLicipal Center
Virginia Beach, Virginia 23456
Dear Mr. Atkinson,
On C)ctober 31, 1986, I received a letter frm yc)ur office notifying
- to pay a $30.00 parking ticket within (72) hours. My wife paid the
$30.00 ticket -cause of urgency wit out 1 g .
bO the h my know ed e
I've -ntacted Mrs. Johnson at your office several tims requesting
that she please check into this because apparently a mistake was Mde.
She told ne she wculd do this and call m back which she hasn't done.
The parking violation was suppo@ly near the cour-t house on July
6, 1986. At that t@ I was on vacation and not in the area. The ticket
describes the car as a 1986 green Brougham @rcury with state license
DYZ-413. my pre@ent car since @rch 1986 is a 1986 brcwn Lincoln
Car with state license KSD-677. I have never @cd or driven a green
car c)r a Mercury or had a state license n@r DYZ-413.
I have driving since 1946, for-ty ye-irs, and have never received
any kind of traffic tickets. I would like to kcep my perfc-ct rc-cord
and would appreciate any assistanc--e you could give in straightening
out tilis @tter.
Ti@ You,
William R. F@r
j
01
0 co
Z vnl z
CENTURY-21 WM. R. FARMER, REALTORS 12-81
@ND ROAD
VTRGINIA B@CH. VA
DMLAns
211* 5 1400 3 4 So: 00003a
- 28 -
Item IV-G.11.
CONSENT AGENDA ITFIA # 30196
Upon motion by Councilman Baum, seconded by Councilman Sessoms, City Council
ADOPTED:
Ordinance Authorizing License Refunds in the amount
of $10,165.56 upon application of certain persons
and upon certificaiton of the Commissioner of the
Revenue.
Voting: 10-0
Council @'@embers 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:
None
Council Members Absent:
Nancy K. Parker
FO.. NO, C@. 8 REV. 3@
AN ORDINANCE AUTHORIZING LICENSE REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF THE REVENUE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for license refunds, upon certification of the Commissioner of the
Revenue are hereby approved:
NAME License Date Base Penalty Int. Total
Year Paid
Arlington Mortgage Co. Corp.
6400 Arlington Blvd.
Falls Church, VA 22042 Audit 1986-88 1,271.88 1,271.88
Atlantic Exterior Systems, Inc.
805 Greensboro Avenue
Virginia Beach, VA 23451 Audit 1986-87 133.27 133.27
Chimney Hill Transmission Center
T/A Cottman Transmission Center
3642 Holland Road
Virginia Beach, VA 23452 Audit 1986-87 41.68 41@68
Certified as to Payment:
Robert P. Vaughan
Commissioner of the Revenue
A@pr@ved as;@ form:
DA16 Bim4on
This ordinance shall be effective from date of Pity Attorney
adoption.
The above abatement(s) totaling $1 44r, 2i were approved by the Council
of the City of Virginia Beach on the- day of '19
Ruth Hodges Smith
City Clerk
FO@. .0, C.A 8 HE@.
AN ORDINANCE AUTHORIZING LICENSE REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF THE REVENUE
BE IT ORDAINED BY THE COUNCIL OF THE CVRY OF VIRGINIA BEACH, VIRGINIA:
That the foilowing applications for license refunds, upon certification of the Commissioner of the
Revenue are hereby approved:
License Date Base Penalty Int. Total
NAME Year Paid
Davis B. Harwood
5245 Challedon Drive
Virginia Beach, VA 23462 Credit 1985 24.00 24.00
K & K Toys, Inc.
T/A Toy Castle-Lynnhaven
P. 0. Box 2500
Norfolk, VA 23501 Audit 1987-88 1,086.73 1,086.73
Ken Baredoot & Associates, Inc
1204 Lawrence Grey Drive
Virginia Beach, VA 23455 Audit 1986-88 945.78 945.78
Certified as to Payment:
Robert P. Vaughan
Commissioner of the Revenue
Approved as tform:
J. Dale Bimson
iCity Attorney
This ordinance shall be effective from date of
adoption.
Theaboveabatement(s)totaling $2,056-',l were approved by the Council
of the City of Virginia Beach on the- day of 19
Ruth Hodges Smith
City Clerk
FOR. .0, C.. 8 EV.
AN ORDINANCE AUTHORIZING LICENSE REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF THE REVENUE
BE IT ORDAINED BY THE COUNCIL OF THE CrrY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for license refunds, upon certification of the Commissioner of the
Revenue are hereby approved:
NAME License Date Base Penalty Int. Total
Year Paid
Barney P. Majette & Steven Bryan
T/A The Salty Dog
3623 E Stratford Road
Virginia Beach, VA 23455 Letter 1988 250.00 250.00
Barbara Jean McArdle & ETALS
T/A Estate Sales Etc.
3072 Little Haven Road
Virginia Beach, VA 23452 Audit 1986-87 410.93 410.93
Certified as to Payment:
Robert P. Vaughan
Commissioner of the Revenue
Approved as to form:
D'al@ Bimson'@
This ordinance shall be effective from date of /,ity Attorney
adoption.
The above abatement(s) totaling 6 6 0. 93 were approved by the Council
of the City of Virginia Beach on the- day of 19
Ruth Hodges Smith
City Clerk
RE@, 3-
AN ORDINANCE AUTHORIZING LICENSE RI=FUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF THE REVENUE
BE IT ORDAINED BY THE COUNCIL OF THE CRFY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for license refunds, upon certification of the Commissioner of the
Revenue are hereby approved:
NAME License Date Base Penalty Int. Total
Year Paid
Accent In Plumbing Ltd.
1621 Sweet Bay Court
virginia Beach, VA 23464 License 1988 30.00 30.00
B. E. Todd & Son, Inc.
3237 Burnt Mill Road
Virginia Beach, VA 23452 Audit 1986-87 49.67 49.67
B M B Productions, Inc.
T/A Recording Studios of America
701 Lynnhaven Parkway
Virginia Beach, VA 23452 Audit 1986-87 20.31 20.31
Certified as to Payment:
Commissic)ner of the
Approved as to form:
j
This ordinance shall be ehective from date of ity Attorney
adoption,
The above abatement(s) totaling 9 9. 98 were approved by the Council
c)f the City of Virginia Beach on the- day of .19
Ruth Hodges Smith
City --.Ic.,k
'OR. @0, C @ 8 REV, 3'N
AN ORDINANCE AUTHORIZING LICENSE REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF THE REVENUE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for license refunds, upon certification of the Commissioner of the
Revenue are hereby approved:
License Date Base Penalty Int. Total
NAME Year Paid
Behavioral Medicine Consult. P.C-
1604 Hilltop West Executive Center #307
virginia Beach, VA 23454 Audit 1986-87 717.54 717.54
Curtis E. Belile
T/A Curtis Electrical Repairs
2332 Great Neck Circle
virginia Beach, VA 23454 Audit 1986-87 29.74 29.74
Trov D. Burnett
T/A Troy D. Burnett
832 Woolard Crescent
Virginia Beach, VA 23462 Audit 1986-87 62.00 62.00
Certified as to Payment:
Commissioner of the Revenue
Approved as to form:
This ordinance shall be effective from date of
adoption.
The above abatement(s) totaling $8 0 92 8were approved by the Council
of the City of Virginia Beach on the- day of 119
Ruth HDdges Smith
City Clerk
FOR. .0, C A 8 RE@ 3@
AN ORDINANCE AUTHORIZING LICENSE REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF THE REVENUE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for license refunds, upon certification of the Commissioner of the
Revenue are hereby approved:
NAME License Date Base Penalty Int. Total
Year Paid
Eastern Seafood, Ltd.
T/A Original Fass Seafood House
200 Crittenden Lane
Newport News, VA 23606 Audit 1986-88 1,177.28 1,177.28
Carl L. Etheridge
T/A Falcon Foods of VA
1120A Allendale Drive
Virginia Beach, VA 23451 Audit 1985-87 75.66 75.66
Gilbert & Menzel, Inc.
T/A Ponderosa Steak House #593
P. 0. Box 2939
Newport News, VA 23622 Audit 1987-88 405.64 405.64
Certified as to Payment:
Robert P. Vaughan
CDmmissioner of the Revenue
Approved as to f7m:
'J. Dale Bimson
//City Altorney
This ordinance shall be effective from date of
adoption.
The above abatement(s) totaling $1,658-58 were approved by the Council
of the City of Virginia Beach on the- day of 19
Ruth Hodges Smith
City Clerk
'ORM NO C.A 8 REV@
AN ORDINANCE AUTHORIZING LICENSE REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF THE REVENUE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for license refunds, upon certification of the Commissioner of the
Revenue are hereby approved:
NAME License Date Base Penalty Int. Total
Year Paid
Greco Research Eiigineering Co.
405 Oakmears Crescent Suite 4
Virginia Beach, VA 23462-4232 Audit 1986-87 166.90 166.90
Charles M. & Dee 11. Harris
8014 Alida Court
Norfolk, VA 23518 Letters 1987 50.00 50.00
London Bridge Printing Co.
800 Seahawk Circle, Suite 166
Virginia Beach, VA 23452 Audit 1985-8G 1,511.96 1,511.96
Certified as to Payment:
Commissioner of the Reven,<
Approved as to form:
'J. Dale-Bimson
'City Attorney
This ordinance shall be effective from date of
adoption.
The above abatement(s) totaling $ 1 , 7 2 88 6 were approved by the Council
of the City of Virginia Beach on the- day of 19
Ruth Hodges Smith
City Clerk
IOR- @D C,@ 8 REI 3'M
AN ORDINANCE AUTHORIZING LICENSE REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF THE REVENUE
BE IT ORDAINED BY THE COUNCIL OF THE C@ OF VIRGINIA BEACH, VIRGINIA:
That the following applications for license refunds, upon certification of the Commissioner of the
Revenue are hereby approved;
NAME License Date Base Penalty Int. Total
Year Paid
Nibbles With Gibbles Inc.
ATTN: Hershy Bowers, Jr.
6647 Molly Pitcher Hwy S.
Chambersburg, PA 17201 Letter 1988 100.00 100.00
Osigweh-Cromich Co.
T/A 0. C. Commercial Cleaning
762 Independence Blvd., Suite 770
Virginia Beach, VA Audit 1987 71.43 71.43
Peoples Service Drug Str Inc
T/A People Service Drug 1192
6315 Bren Mar Drive
Alexandria, VA 22312 Letter 1988 1,346.55 1,346.55
Certified as to Payment:
ert P. Vaughan
Commissioner of the Revenue
Ap ved as to form:
J/Dale Bimson
@ity Attorney
This ordinance shall be effective from date of
adoption.
The above abatement(s) totaling 17-98 were approved by the Council
of the City of Virginia Beach on the- day of 119
Ruth Hodges Smith
,;.y
'ORM NO C,. 8 REV. 3%
AN ORDINANCE AUTHORIZING LICENSE REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF THE REVENUE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for license refunds, upon certification of the Commissioner of the
Revenue are hereby approved:
NAME License Date Base Penalty Int. Total
Year Paid
Sea-Qu--ntial Business Systems
P. 0. Box 64444
Virginia Beach, VA 23464 Audit 1985-87 136.61 136.61
John W. Stewart, Sr.
446 Abbotsleight Street
Virginia Beach, VA 23456 Letter 1988 50.00 50.00
Cerlitied as to Payment:
@obert P. Vaughan
Commissioner of the Revenue
Approved as to form,
J,, D8ie bimson
Attorney
This ordinance shall be effective from date of
adoption.
The above abatement(s) totaling $186.61 were approved by the Council
of the City of Virginia Beach on the- day of 19
Ruth Hodges Smith
City Clerk
- 29 -
Item IV-H.I.
UNFINISHED BUSINESS ITEM # 30197
ADD-ON
Councilman Moss again referenced the issue of Noise Abatement and the
application of Hillcrest Farms on Elbow Road. This item will be SCHEDULED for
City Council in December and does not have an official alignment. Councilman
Moss did not want to repeat the Ferrell Parkway or Kempsville Road situation
where nothing remains but cement on both sides.
- 30 -
Item IV-I.I.
NEW BUSINESS ITEM # 30198
Upon motion by Vice Mayor Fentress, seconded by Councilman Balko, City Council
SCHEDULED RECONSIDERATION of in the application of VIVIAN DOUMMAR for a Change
of Zoning District Classification from R-6 Residential District to A-2
Apartment District on the South side of 23rd Street, 195 feet East of Barberton
Drive on Lots 13-20, Block 11, Woodland, containing 34,063.9 square feet
(LYNNHAVEN BOROUGH). APPROVED by City Council on May 5, 1986
RECONSIDERATION shall be SCHEDNED for the City Council Meeting of November 14,
1988, subject to the determination of the City Attorney.
Voting: 10-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Ilarold 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;
None
Council Members Absent:
Nancy K. Parker
- 31 -
Item IV-I.2.
NEW BUSINESS ITDI # 30199
ADD-ON
Councilman McClanan referenced the status of London Bridge Road and concerns by
citizens. Councilworqan McClanan had been informed of a forthcoming study
relative the impact of the traffic from the Taylor and White Property relative
the development of London Bridge Road. This study has again been DELAYED.
Councilwoman @IcClanan suggested a BRIEFING might be SCHEDULED.
- 32 -
Ttem IV-T.3.
NEW BUSINESS TTFIII # 30200
ADD-ON
Councilwoman McClanan again referenced the Agenda of the Board of Zoning
Appeals for October 19, 1988. Christopher Associates, a new development, has
requested 13 Variances relative lot width to accommodate their streets.
The City tlanager will SCHEDULE a BRIEFING for the City Council Meeting of
October 31, 1988, relative the London Bridge Road Road issue and the concerns
related to Variances brought before the Board of Zoning Appeals.
- 33 -
Item IV-J.1.
ADJOURNMENT ITEM 30201
Upon motion by Councilman Baum and BY ACCLAMATION, City Council ADJOURNED the
Meeting at 3:30 P.M.
Beverly 0. Hooks
Chief Deputy City Clerk
-Kuth Hodges Smith, CMC Meylera Oberndorf
City Clerk Mayor
City of Virginia Beach
Virginia