HomeMy WebLinkAboutAUGUST 1, 1988 MINUTES
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August 1, 1988
ITIM I. CITY MANAGER'S BRIEFING - Conference Room - 11:30 A14
A. TRT HANDI-RIDE
James C. Echols, EKecutive Director
Tidewater Transportation District Commission
ITEM II. COUNCIL CONFEREJOCE SESSION - Conference Room - 12: NOON
A. CITY COUNCIL CONCERNS
ITEM III. INFCR14AL SESSION - Conference Room - 12:30 PM
A. CALL TO CRDER - Mayor Meyera E. Oberndorf
B. ROLL CALL OF COUNCIL
C. R19CESS TO EXBCUTIVE SESSION
ITEM IV. FCMAL SESSION - Council Cttamber - 2:00 PM
A. INVOCATION: Reverend Alton M. Washington, DD
Princess Anne United Methodist
B. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
C. ELECIRONIC ROLL CALL OF CITY COUNCIL
D. MINUTES
1. INFORMAL & FORMAL SESSIONS - July 11, 1988
E. CITY MANAGER'S REPORT
1. 1986 BOND REFERENDL?4 CCHMITTEE - Quarterly Report
William Schlimgen, Chairman
F. RESOLUTIONS/ORDINANCES
1. INDUSTRIAL DEVELOPMENT REVENUE BOND:
a. Marion Manor, Tnc. $8,000,000
2. Resolution authorizing the City Manager to execute a DEED OF
CONVEYA,NCE in exchange of property from Hampton Roads Sanitation
District for a School Site located in Orean Lakes.
3. Ordinance authorizing and directing the City Manager to execute
Amendment No. 2 to the Landfill Gas Lease Agreement with Biogas
Recovery Partners, Inc. re extraction of methane gas from
Iandfill II.
4. Ordinance declaring certain EIEESS PROPERTY involving the sale of a
portion of Cape Henry Pmp Station Site on Poinciana Road and
authorizing the City Manager to convey same.
5. Resolution to abolish certain Boards, Ccmmissicns and Ccomittees of
the City of Virginia Beach, Virginia.
6. Resolution to establish a policy procedure related to City Council
appointive Agencies.
7. Ordinance ameriding Chapter 2 of the Oode of the City of Virginia
Beach by adding a new Article and Section (2-441) to define Boards,
Comissions and Oominittees.
8. Ordinance to AMEND Article XXI of Chapter 2 of the Code of the City
of Virginia Beach by adding a new Section (2-442) re the
establisbaent of a Military liaison Oonmission.
9. Resolution to establish a Parks and Recreation Ccmmission.
10. Resolution to establish an Advertising Advisory Review Committee.
11. Resolution requesting the Board of Zoning Appeals to deny the
Variance application of BLivin B. Iindsley, Jr. for an existing
billboard on property located at the Southeastern corner of Shore
Drive and Vista Circle (Lynnhaven Borough).
12. ENCROACHKEBIT
a. Forbes Candies, Inc.
Existing signs on canopy at 2330 Atlantic Avenue
G. CONSE14T AGENDA
All matters listed under the Consent Agenda are considered in the
ordinary course of business by City Council and will be enacted by one
motion in the form listed. If an item is removed from the Consent
Agenda, it will be discussed and voted upon separately.
1. Ordinance to AMMM and REORDAIN Section 17-19 of the Code of the
City of Virginia Beach, Virginia, re establishing a public law
library and imposing assessment of additional court costs to
support the library.
2. Ordinance to AMEND and REORDAIN the Code of the City of Virginia
Beach, Virginia, by adding Section 23-8.1 re maliciously giving
false reports of crime, accident, etc.
3. Ordinance to AMEND and REORDAIN Section 5-32 of tbe Code of the
City of Virginia Beach, Virginia, re bird sanctuaries (KENSTOCK).
4. Ordinance to REPEAL Section 2-117 of the Code of the City of
Virginia Beach, Virginia, re overtime pay and compenratory time.
5. Ordinance to authorize the Acquisition of property in Fee Simple
for right-of-way for Indian River Road, Phase IV; and, the
Acquisition of Temporary and Permanent Easements of right-of-way,
either by Agreement or Condemnation.
6. Ordinance to authorize the Acquisition of property in Fee Simple
for right-of-way for Back Bay Marina Bridge replacement; and, the
Acquisition of Temporary and Permanent Easements of right-of-way,
either by Agreement or Condemnation.
7. Ordinance upon SECOND READING to APPROPRIATE $34,000 to the Iaw
Library operating Budget for the expansion of Wahab Public Iaw
Library hours and increase per case filirig fees from $3.00 to
$4.00. (First Reading of July 11, 1988, corrected from $5.00.)
8. Ordinance upon FIRST READING to ACCEPT a $2,089,000 entitlement
grant from the United States Departinent of Housing and Urban
Development and to APPROPRIATE $1,402,807 for the 1988-1989
Community Development Block Grant.
9. Ordinance upon FIRST READING to ACCEPT and APPROPRIATE $164,000
from the United States Department of Housing and Urban Development
for rental rehabilitation.
10. Ordinance upon FIRST READING to APPROPRIATE $26,000 into the Grants
Consolidated Fund for a water quality enhancement program.
11. Ordinance upon FIRST READING to ACCEPT $1,000 from the National
organization on Disability and to APPROPRIATE these funds to the
Mayor's Committee/Disabled Trust Fund.
12. Ordinance to TRANSFER $121,670 from Project #2-936 Ferrell Parkvay,
Phase IB, to Project #2-072 Birdneck Road and Southern Boulevard;
AND,
IDW BID to Rea Construction Company in the amount of $523,814.10
for roadway improvements.
13. IDW BID to Asphalt Roads and Materials Company, Inc. in the amount
of $268,557.10 for 1988-1989 Bituminous Concrete and Profile
Maintenance Schedule - Contract I.
14. LCW BID to Slurry Pavers, Inc. in the amount of $121,934.40 for
1988-1989 Latex Modified Emul-sion Mix Overlay Schedule.
15. Utility Project for 51% Neighborhood Participation:
Brock's Bridge Sanitary Sewer $67,000
16. CERTIFICATE CF PUBLIC CONVENIENCE AND NICESSITY:
Bay Limousine, Ltd.
17. Ordinance authorizing tax refunds in the amount of $6,856.21.
18. Ordinance authorizing license refunds in the amount of $4,081.71.
H. UNFINISHED BUSINFSS
I. NEW BUSINESS
J. ADJOURNt4ENT
M I N U T E S
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
August 1, 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, August 1, 1988, at 11:30 A.M.
Council Members Present:
Albert W. Balko, Vice Mayor Robert E. Fentress,
Barbara M. Henley, Reba S. McClanan, John D. Moss,
Mayor Meyera E. Oberndorf, Nancy K. Parker, John L.
Perry and William D. Sessoms, Jr.
Council Members Absent:
Councilman John A. Baum (ENTERED: 11:33 A.M.)
Councilman Harold Heischober (Attending Governor's Organizational
Meeting of Transportation Advisory
Board)
- 2 -
C I T Y M A N A G E R IS B R I E F I N G
TRT HANDI-RIDE
11:30 A.M.
ITE@l # 29749
Mr. James Echols, Executive Director, TIDEWATER TRANSPORTATION DISTRICT
COMMISSION, distributed information relative the Handi-Ride Service. Said
information is hereby made a part of the record.
The Chairman of the SPECIAL TRANSPORTATION SERVICES ADVISORY COMMITTEE is
Nelson Malbon, a Member of the Chesapeake Mayor's Committee. To utilize the
SPECIAL TRANSPORTATION SERVICES, certification as an eligible user must be
obtained. A Certification Committee composed of three members, rule on these
applications. Steven Johnson is Chairman of said Committee.
Mr. Echols also presented a STATISTICAL REPORT for the month of June 1988:
Total Number of Riders 18,8o6
Contract Riders 10,308
Prescheduled Employed 145
Prescheduled School 5
Unaffiliated 8,384
Number of Daily Riders 322
Destinations:
Medical 193
Shopping 65
Social 48
Other 16
Amount of funds collected from affiliated riders 15,791.00
Number of calls not able to serve 12
Number of Certifications Referred 127
Number of Certifications Approved 107
Temporary 11
Denied 0
Additional Information Required 9
Mr. Echols also presented information relative a list of CONTRACT ORGANIZATIONS
with the largest user of these services being SEVAMP. TRT Individual Miles,
Passengers and Fares by Cities are also listed. Virginia Beach encompasses far
more miles, even though Norfolk carries a greater number of passengers. The STS
Registration in Vi,rginia Beach from January through June 1988 by Zip Code is
also encompassed in this report.
Handi-Ride represents approximately 1.5% of Total Ridership. The Handi-Ride
utilizes 13.2% of the Total Annual Deficit. A final Chart depicts the Total
Deficit Per Passenger. Handi-Ride is the substantial user of a deficit per
passenger because of the very low fares and very high cost of these trips.
- 3 -
C I T Y M A N A G E R tS B R I E F I N G
TRT HANDI-RIDE
ITEM # 29749 (Continued)
The route that comes out of Norfolk goes through Chesapeake and then into
Virginia Beach and ends up in College Park Shopping Center is proposed for
termination due to lack of ridership. This will not occur until October. Only
three or four riders in Chesapeake were carried all day long and sixteen riders
in Virginia Beach. The deficit per passenger in Virginia Beach's section
resulted in approximately $4 or $5 each. Mr. Echols advised the elimination of
this route in Chesapeake would free equipment and drivers for the much needed
Virginia Beach qualified ridership. A Memorandum relative this proposed
termination will be distributed to City Council.
- 4 -
M A T T E R S B Y T H E M A Y 0 R
ITEM # 29750
Mayor Oberndorf advised the photographs being distributed to City Council
depicted destruction by the Tornado in the Princess Anne and Kempsville
Boroughs on Sunday, July 31, 1988.
ITEM # 29751
Mayor Oberndorf advised Greg Goldfarb, Editor of the Virginia Beach Sun,
offered the Mayor the opportunity to prepare a weekly editorial relative the
City Council activities. This opportunity has also been offered to the Mayors
of Chesapeake and Portsmouth in their respective papers. Mayor Oberndorf
advised she would represent the majority opinion of City Council and work in
close consort with the Office of Public Tnformation.
ITEM # 29752
Mayor Oberndorf advised the Legal offices in the City need to be renovated and
reorganized. While this was being accomplished, the City Manager suggested
consolidating the Mayor's Reception area with the City Manager's Reception area
resulting in a Council-Manager Reception Area. Mayor Oberndorf distributed a
basic sketch depicting proposed changes. The office bearing the name "Vice
Mayor", by consent of Vice Mayor Fentress, will now be a Council office.
Council could meet with citizens here rather than always inviting them into
their home.
ITEM # 29753
Mayor Oberndorf presented each Member of City Council with a blue cup bearing
the City Seal and Twenty-fifth Anniversary Insignia This concept was the idea
of Kay Fadula of the Mayor's Office who ordered same during the last
administration for approximately $2.08 each.
ITEM # 29754
Mayor Oberndorf advised of the necessity to either RECESS into EXECUTIVE
SESSION or call a SPECIAL EXECUTIVE SESSION at 7:00 P.M. on August 4, 1988 at
the PAVILION.
ITEM # 29755
Mayor Oberndorf further referenced an invi,tation from Sergeant Frank Fortunato
to OPERATION THUNDERBOLT at Fort AP Hill in Ri.chmond this Thursday. This event
will last from 10:30 A.M. with mock battles and air battles.
- 5 -
C I T Y 0 0 U N C I L C 0 N C E R N S
12:00 NOON
ITEM # 29756
Councilman Baum distributed a letter to the City Manager which had been
forwarded to him with postage due of 15cts- Councilman Baum advised he never paid
to receive mail. The combined cost of matters of this nature has to be
astronomical. The Post Office should return all mail to the sender.
ITEM # 29757
Councilman Perry referenced the scarcity of SPEED LIMIT signs on Princess Anne
Road. There were three wrecks on Northampton Boulevard because there are no
speed limit signs indicating the speed limit is changing between Bayside Road
and Wendy's Restaurant.
The City Manager will have the Traffic Engineer check on the aforementioned
Traffic signs.
ITEM # 29758
Councilwoman Parker referenced the Local Government Advisory Committee of
Chesapeake Bay. The First Conference of Elected Officials in the Chesapeake Bay
Watershed has been changed from October 28, 29 and 30 to November 18, 19 and
20, 1988.
ITEM # 29759
Councilwoman Parker referenced the possible location of the Wadsworth School.
Mayor Oberndorf advised telephone calls had been received from citizens
indicating the proposed school would be an infringement on their tranquility.
Councilwoman McClanan believed, aside from the concerns of the residents, this
land to be a very poor use for the School. Land at this location is at a
premium.
Councilman Balko advised the Birdneck School is overcapacity.
ITEM # 2976o
Councilwoman Henley advised on Birdneck Road, the road is widened there for the
Fire Training Center and the School and then the 7-11 with a little section.
Councilwoman Henley requested this section be filled out in this right turn
lane.
The City Manager will advise.
- 6 -
C I T Y C 0 U N C I L C 0 N C E R N S
(Continued)
ITEM # 29761
Councilman Moss referenced issues SCHEDULED for the Board of Zoning Appeals
relative the number of requests for Variances which require setbacks,
landscaping and other issues dealing with free standing out parcels.
Councilman Moss advised the individuals are basi.cally requesting no landscaping
at all. Councilman Moss has requested the Staff prepare a modified proposal to
provide some landscaping and a buffer zone.
Councilman Moss has also advised there will be approximately 15 cases of Set-
back Variances along Independence Boulevard through Glenwood before the Board
of Zoning Appeals. Councilman Moss has requested the City Attorney prepare a
Resolution to the BZA. This will eventually be a four-lane highway and because
of the Noise Abatement procedure,this is certainly not the direction in which
the City should embark. Problems already exist with the 30-foot setbacks along
Ferrell Parkway.
ITEM # 29762
Vice Mayor Fentress referenced the City's Health Care Plan to be effective
October 1, 1988. Vice Mayor Fentress believes the City's participation plan is
inadequate. The City has been paying approximately $60 for a number of years
and the private sector has been participating in plans which reach up into 60%.
Vice Mayor Fentress requested the City Staff prepare a plan in an attempt to
increase the City's participation over the years in acccordance to other
municipalities and the private sector. This is a very valuable benefit.
Councilman Sessoms believed the increase should be phased-in over a number of
years. Thus this goal could be obtained.
Mayor Oberndorf advised the School Employees, as well as City Employees, would
have to be considered. Revenues and the method of accomplishment would have to
be analyzed.
Councilman Moss requested including a comparison of all benefits. This would
entail a comprehensive examination. When comparing municipalities, the annual
cost of living adjustments should also be evaluated.
The City Manager is also researching a Menu plan for those employees who have
the Benefits of their Spouse's Health Insurance but might wish some other type
of coverage.
ITEM # 29763
Councilwoman McClanan referenced Subdivision of Burroughs Property on Seaboard
Road for Bert Dail. Councilwoman McClanan will sponsor two residents to speak
relative this issue as an ADD-ON under NEW BUSINESS.
Councilwoman McClanan distributed a proposed Resolution Directing the Planning
Commission to consider and make its recommendation to the City Council
concerning a proposed ordinance to require a Use Permit for the construction of
Septic Tanks and/or Drain Fields for Septic Tanks in the kG-1 District and a
proposed Ordinance to Amend Section 401 (a) of the City Zoning Ordinance,
pertaining to Principal and Conditional Uses in the AG-1 and AG-2 Districts.
The Staff wi,ll prepare a Briefing relative this situation and the proposed
Ordinance. City Attorney shall determine if said Ordinance would be applicable
to situations already exisiting. The City Attorney advised said Ordinance
would not be applicable and would fall into the category of non-conforming
situations since it is a "land use" Ordinance.
The proposed Ordinances shall be SCHEDULED for the City Council agenda of
August 8, 1988.
- 7 -
C I T Y C 0 U N C I L C 0 N C E R N S
(Continued)
ITEM # 29764
Councilman Perry referenced his visit to Cape Hatteras relative the Artificial
Seaweeds. Councilman Perry advised Cape Hatteras has two more feet of Beach in
6 months. Mayor Oberndorf advised a Virginia Beach Realtor had forwarded a copy
of an article from the Phillip Morris Magazine relative this plastic grass
which supposedly encourages the nourishment. The City Staff is investigating.
- 8 -
ITEM # 29765
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, August 1, 1988,at 12:55 P.M.
Council Members Present:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Barbara M. Henley, Reba S. McClanan, John
D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker,
John L. Perry and William D. Sessoms, Jr.
Council Members Absent:
Harold Heischober
- 9 -
ITEM # 29766
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. PUBLIC FUNDS INVESTMENT: The investing of public funds where competition or
bargaining is involved, where if made public initially the financial
interest of the governmental unit would be adversely affected pursuant to
Section 2.1-344(a) (5)
4. 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. Specific items of business on the City Council agenda that may be
discussed in executive session are the following: IV-F.l. thru 11.
Upon motion by Councilman Moss, seconded by Councilman Fentress, City
Council voted to proceed into EXECUTIVE SESSION.
Voting: 10-0
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, Nancy K. Parker,
John L. Perry and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Harold Heischober
- 10 -
F 0 R M A L S E S S I 0 N
VIRGINIA BEACH CITY COUNCIL
August 1, 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,
August 1, 1988, at 2:00 P.M.
Council Members Present:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Barbara M. Henley, Reba S. McClanan, John
D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker,
John L. Perry and William D. Sessoms, Jr.
Council Members Absent:
Harold Heischober
INVOCATION: Reverend Alton M. Washington, DD
Princess Anne United Methodist Church
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
Item IV-E.l.
MINUTES ITEM # 29767
ADD-ON
Upon motion by Councilwoman Henley, seconded by Vice Mayor Fentress, Ci.ty
Council DEFERRED until the City Council Meeting of August 8, 1988, the MINUTES
of the INFORMAL AND FORMAL SESSIONS of the City Council Meeting of July 11,
1988.
The MINUTES shall be restructured eliminating the synopsis of dialog of
speakers in support and opposition. Only official action shall be noted.
(PLANNING ITEMS # 29724 to 29732)
Councilman Moss referenced Ordinances upon application of NATIONAL BEACH
CORPORATION and GEORGE F. AND FRANCES M. PHILLIPS for Changes of Zoning, Page
23, ITEM # 29730. Councilman Moss requested the following verbiage be included
as part of the MOTION for Denial: "There has been no change in Zoning since the
last DENIAL."
Councilwoman Parker noted Item I of the SUMKARY OF COUNCIL ACTIONS (Interim
Financial Statements - July 1, 1987, through May 31, 1988) and advised same was
not RESCHEDULED by a Vote of 8-2. This item shall be CORRECTED on the
aforementioned summary.
Voting: 9-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Barbara M. Henley, John D. Moss, Mayor
Meyera E. Oberndorf, Nancy K. Parker, John L. Perry
and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Harold Heischober and Reba S. McClanan
- 12 -
Item IV-E.l.
CITY MANAGER'S REPORT
1986 BOND REFERENDUM COMMITTEE ITEM # 29768
William Schlimgen, Chairman of the 1986 BOND REFERENDUM COMMITTEE, presented
the Quarterly Report of expenditures and obligations incurred by the City on
Highway and School Capital Projects through June 30, 1988. (Said report is
herby made a part of the record.)
Of $40,000,000 approved for seven highway projects, $3,528,967, or 8.8% had
been contracted through June 30, 1988, while expenditures for school projects
totaled $12,626,550, or 39.1cts of the approved funds of $32,310,00.
Only two highway projects have advanced to the construction phase. The
construction contract for the East Half of Lynnhaven Parkway, Phase VII was
awarded in April 1988 and work is currently underway. In June, City Council
awarded the low bid for the construction of Independence Boulevard, Phase IIA
and the contract is now under review.
Construction began in March 1988 on Red Mill Farm Elementary. A construction
contract was awarded on June 24, 1988, for Ocean Lakes Elementary School and
bids were received in June on Tallwood Elmentary School (formerly West
Kemspville). An award was made subsequent to June 30, 1988,on this school.
Upon motion by Councilman Baum, seconded by Councilman Moss, City Council
AUTHORIZED the BOND REFERENDUM COMMITTEE to publish said report in the August
7, 1988 issue of THE BEACON.
Voting: 9-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Barbara M. Henley, John D. Moss, Mayor
Meyera E. Oberndorf, Nancy K. Parker, John L. Perry
and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Harold Heischober and Reba S. McClanan
- 13 -
Item IV-F.l.
RESOLUTIONS ITEM # 29769
Upon motion by Vice Mayor Fentress, seconded by Councilwoman Parker, City
Council ADOPTED the Resolution approving the Issuance of Industrial Development
Revenue Bonds:
MARION MANOR, INC. $8,000,000
Voting: 9-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Barbara M. Henley, John D. Moss, Mayor
Meyera E. Oberndorf, Nancy K. Parker, John L. Perry
and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Harold Heischober and Reba S. McClanan
SUMMARY SHEET
CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY
INDUSTRIAL DEVELOPMENT REVENUE BOND
1. PROJECT NAME: Marion Manor
2. LOCATION: 5345 Marion Lane
Virginia Beach
3. DESCRIPTION OF PROJECT: Facility for the Residence
and Care of the Elderly,
including approximately 30
intermediate care nursing
beds and 100 residential
rental units
4. AMOUNT OF BOND ISSUE: Not to exceed $8,000,000
5. PRINCIPALS: Marion Manor, Inc. a
not-for-profit nonstock
corporation, whose sole
corporate member is the
Bishop of the Catholic
Diocese of Richmond
6. ZONING CLASSIFICATION:
a. Present zoning
classification of the
Property 0-1
b. Is rezoning proposed? Yes No X
C. If so, to what zoning
classificati on?
RESOLUTION APPROVING THE ISSUANCE OF INDUSTRIAL
DEVELOPMENT REVENUE BONDS FOR MARION MKNOR, INC.
WHEREAS, the City of Virginia Beach Development Authorit,l
(the Authority) has considered the application of Marion Manor,
Inc., for the issuance of the Authority's industrial development
revenue bonds in an amount not to exceed $8,000,000 (the Bonds)
to assist in the financing of the Company's acquisition, con-
struction, and equipping of a facility for the residence and care
of the elderly (the Facility) to be located at 5345 Marion Lane
in the City of virginia Beach, Virginia, and has held a public
hearing thereon on July 12, 1988; and
WHEREAS, the Authority has requested that the City Council
of Virginia Beach, Virginia, approve the issuance of the Bonds to
comply with Section 147(b) of the Internal Revenue Code of 1986,
as amended (the Code); and
WHEREAS, a copy of the Authority's resolution approving the
issuance of the Bonds and a reasonably detailed summary of the
comments expressed at the public hearing, if any, have been filed
with the City 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 City Council of the City of Virginia Beach, Vir-
ginia, approves the issuance of the Bonds by the City of Virginia
Beach Development Authority for the benefit of Marion Manor,
Inc., to the extent of and as required by Se--Ilion 147(b) of the
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(b), does not constitute an endorsement of the
Bonds or the creditworthiness of Marion Manor, Inc.; but, pursu-
ant to Chapter 643, Virginia Acts of Assembly of 1964, as
amended, the Bonds shall provide that neither the City of Vir-
ginia Beach nor the Authority shall be obligated to pay the 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 of Vir-
ginia, the City of Virginia Beach, 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 City Council of the
City of Virginia Beach, virginia, on Aguust 1, 1 1988.
FisCA,L imPACT STATEMENT
Date
Y@ian Manor
Applicant
1,@ian blanor Retirement Ccrmunity
Facility
1 Maximum amount of financing sought S 8,000,000
2. Estimated taxable value of the
facility's real property to be
constructed in the municipality S 3,790, 900
3. Estimated real property tax per
year using present tax rates s 0
4. Estimated personal property tax
per year using present tax rates s 3, 000
5. Estimated merchants' capital tax
per year using present tax rates S N/A*
6. Estimated dollar value per year
of goods and services that will
be purchased locally S 782, 476
7. Estimated number of regular 42.25 F,=
employees on year round basis 34 Full/27 Part-Time
8. Average annual salary per employee@)$ 602,984 Annual Payroll
14,272 Average Annual
Salary
Author
City c)f Vir@ia Beach Develocmnt Au@oritN7
Name
*Not applicable as a tax-exerpt organizat4@on.
Economic impact Statement
$ 8,000,000
1. Amount Of investment
2. Amount Of industrial reve-e bond financing $..8,000,000
sought
3. Estimated taxable value of the facility's
real property to be constructed in the City $ .3 , 7 00 , 000
of Virginia Beach
4. Estimated real property tax per year using s
present t- rate IA
5. E,timated personal property tax
6. Economic impact statement de-natrating the
overall retu'r.n tO the city:
42.25 FTE
A. Number of new job@ 34 Flil@assibl*
art
B. Payroll generated $ Av. Wag* 27
C. Number of jobs retained /A
Av. Wage $ /A
D. Payroll retained $ N/A
E. Estimate of the value of goods and services purchased
within the geographic boundary of Virginia Beach by
type (inventory, machin@ry, professional services,
insurance, motor vehicles, etc.): See Schedule H-I
Type Value
TOTAL $
F. E'timated b,ilding PPrmit fee and other municipal
s $ 23 0 3 4 3
fees
G. E,timated construction payroll $1 2 0 0 0 00
H. Estimated value of construrtion material
to be Purchased within the City 'If
Virginia Beach $ 1 000 0 00
nstruction jobs 00
T. Estimated nu,.nber of co
J. Any other items which the applicant feels
the Authority should be made aware of in
evaluating the projec-
b fic use beins
7. is the site currently zoned for t a speci Zoned
- 0-1
proposed fOr industrial T-c-a bond finaneiug? yok-
No- See Exhibit F
8. Has a bond purchase agreezeut/commitment been accepted by
the applicant? (attach a copy) Yes _ No x
9. Will the bond financing close within go days from the
date of adoption of the inducement resolution? Yes
NR-
10. Location Of project (attach location map) See Exhibi
11. ExplanatiOn of alternative financirkg that has been
reviewed for project
I hereby certify that the information stated in the above
Economic Impact Statement is accurate and true in all respects.
(Applicant)
Subscribed and sworn to before me this /5 7-, day of TUZV@
Notary Public
My Commission Expires:
Schedule H-I
Advertising and Licensing $ 13,100
Supplies and Utilities 114,433
Maintenance - Security Contracts,
Repairs, Decorating 40,636
Property Insurance 21,000
Taxes 72,000
Food Service - Supplies and
Salaries 470,449
Nursing Salaries 545,937
Medical Supplies 54,007
Miscellaneous: Laundry,
Recreational 24,400
1,335,702
PROJECT LOCATION 14AP
,olnr
PROJECT NAME: Marion manor
PROJECT ADDRESS: 5345 Marion Lane
Virginia Beach, VA 23402
PROJECT TYPE: Residential Facility for
Care of the Elderly
- 14 -
Item IV-F.2.
RESOLUTIONS/ORDINANCES ITEM # 29770
Upon motion by Counci,lwoman Parker, seconded by Councilman Sessoms, City
Council ADOPTED:
Resolution authorizing the City Manager to execute
a DEED OF CONVEYANCE in exchange of property from
Hampton Roads Sanitation District for a School Site
located in Ocean Lakes.
Voting: 9-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress", Barbara M. Henley, John D. Moss, Mayor
Meyera E. Oberndorf, Nancy K. Parker, John L. Perry
and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Harold Heischober and Reba S. McClanan
*Verbal Aye
1 The regular meeting of the council of the city of virginia
2 Beach, Virginia, was held in the Council Chambers of the City on
3 the First day of August 1988.
4 Parker
5 on motion by Councilperson and seconded
6 by Councilperson sessoms the following resolution
7 was adopted.
8
9
10 RESOLUTION
11
12
13 WHEREAS, the City is the owner of 43.4733 acres of land
14 located and situated in the subdivision of ocean Lakes, Princess
15 Anne Borough, and
16 WHEREAS, City Council is of the opinion that it would be in
17 the best interest of the City and better serve its residents to
18 exchange 25.4680 acres of the 43.4733 acre parcel for acreage of
19 equal size and amount owned by the Hampton Roads Sanitation
20 District
21 NOW, THEREFORE, be it resolved by the City Council of the
22 City of Virginia Beach, Virginia:
23 That the City Manager is hereby authorized and empowered to
24 execute on behalf of the City of Virginia Beach a deed of
25 conveyance to the Hampton Roads Sanitation District to the
26 25.4680 acre parcel of land as shown and described on Sheet 1 of
27 2, of that certain plat as Parcel A-1, attached hereto and
28 entitled "Resubdivision Plat of Parcel A, Subdivision of ocean
29 Lakes, Phase Three, Section Two, DB 2592, PG 1806, and Property
30 of Hampton Roads Sanitation District," dated July 27, 1987,
31 prepared by Venture Engineering, P.C., Virginia Beach, Virginia;
32 in exchange for a deed of conveyance from Hampton Roads
33 Sanitation District to the 25.4680 acre parcel of land as shown
34 and described as Parcel A-2 on Sheet 1 of 1, on the aforesaid
35 plat.
36 Adopted by the City Council of the City of Virginia Beach on
37 First day of Au@ust 1988.
38
39
40 CONTENTS
41
42 JAR/ih
43 7/11/88
44 CA-2839
NOTE: PURSUANT TO SECTION 15.1-307, CODE OF DEPAPTMENT
VIRGINIA, AS AMENDED, A RECORDED AFFIRMA-
TIVE VOTE OF THREE FOURTHS OF COUNCIL R,.DVED AS,TO LEGAL
(9 MEMBERS) IS REQUIRED TO DISPOSE OF @ )(/,A FO
rn < 'h
:0 C
c) it%
rz
0
EXHIBIT
rr,
m -e
All
r3
F9
EXHIBIT 2
EXEMPTED FROM RECORDATION
TAXES UNDER SECTIONS
58.1-811(a)(3),
58.1-811(c)(4), AND
2 5 . 2 4 9
THIS DEED, Made this day of
1988, by and between the City of Virginia Beach, a municipal
corporation in the Commonwealth of Virginia, party of the first
part, and the Hampton Roads Sanitation District, a political
subdivision of the Commonwealth, party of the second part:
W I T N E S S E T H:
That for and in consideration of the sum of the
premises and the benefits accruing or to accrue to the party of
the first part and other good and valuable consideration the
party of the first part does hereby grant and convey with
General Warranty and English Covenants of Title to the Hampton
Roads Sanitation District, party of the second part,
the
following described property, to-wit:
All that certain tract, piece or
parcel of land, with the
improvements thereon, situate,
lying and being in the City of
Virginia Beach, Virginia, being
known numbered and designated as
Parcel A-1, Area = 25.4680 AC. as
shown on that certain plat
entitled "Resubdivision Plat Of
Parcel A, Subdivision of ocean
Lakes, Phase Three, Section Two
and Property of Hampton Roads
Sanitation District," Princess
Anne Borough Scale: 1"=2001,
Virginia Beach, Virginia, dated
July 27, 1987, prepared by
Venture Engineering, P.C., 2404
Princess Anne Road Virginia
Beach, Virginia 23456, which said
plat is duly recorded in the
Clerk's Office of the Circuit
GPIN 2424-19-8264
Court of the City of Virginia
Beach, Virginia in Deed Book
at Page
It being a part of the same
Property conveyed to the party of
the first part, by deed dated the
22nd day of January, 1987 and
recorded in Deed Book 2592, at
Page 1807, in the aforesaid
Clerk's office.
The above property is conveyed subject to the
conditions, restrictions, reservations and easements, if any,
duly of record affecting the aforesaid property and
constituting constructive notice.
WITNESS the following signatures and seals.
CITY OF VIRGINIA BEACH, a
municipal corporation in the
Commonwealth of Virginia
By
AUorey V. Watts, Jr.
City Manager
(SEAL)
ATTEST:
Kutn Hodges Smith
City Clerk
2
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
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.
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 19 -, has
acknowledged the same before me in my City and State aforesaid.
GIVEN under my hand this day of
19
Nota
My commission Expires:
3
IIAMPTON ROADS SANITATION DISTRICT,
A Political Subdivision of the
Commonwealth of Virginia
to DEED OF BARGAIN AND SALE
Exempted from Recordation
taxes under SS58.1-811
CITY OF VIRGINIA BEACH,
A @ionicipal Corporation of the
Commonwealth of Virginia,
THIS DEED, Made this day of 1988, by and
between HAMPTON ROADS SANITATION DISTRICT, A Political
Subdivision of the Commonwealth of Virginia, party of the first
part, and the CITY OF VIRGINIA BEACH, A Municipal Corporation of
the Commonwealth of Virginia, party of the second part.
WITNESSETH:
That for and in consideration of a Deed to be recorded
simultaneously herewith and in consideration of the premises and
the benefits accruing or to accrue to the party of the first
part, and other good and valuable consideration, the parties of
the first does hereby grant, bargain, sell, assign and convey,
with GENERAL WARRANTY and with ENGIISH COVENANTS OF TITLE, unto
the said CITY OF VIRGINIA BEACH, party of the second part, the
following described property, to-wit:
ALL THAT certain tract, piece or parcel
of land, with the improvements thereon,
situate, lyina and being in the City of
N Virginia Beach, Virginia, being known
25-00-3093 numbered and designated as Parcel A-2,
Area = 25.4680 ac. as shown on that
LLAM. certain plat entitled, "Resubdivision
PICKRELL Plat of Parcel A, Subdivision of Ocean
& LAWLER Lakes, Phase Three, Section Two and
O..EIS T @W Property of Hampton Roads Sanitation
NORFOLK. VA. District," Princess Anne Borough Scale:
1"=200', Virginia Beach, Virginia, dated
..T4 994
W0321R GPIN 2425-00-3093
July 27, 1987, prepared by Venture
Engineering, P.C., 2404 Princess Anne
Road virginia Beach, Virginia 23456,
which said plat is duly recorded in the
Clerk's Office of the Circuit Court of
the City of Virginia Beach, Virginia in
Deed Book at Paqe
IT Being a part of the same property
conveved to tlie party of the first part
by in-strument recorded in Deed Book 2066
at Page 239.
The above property is conveyed subject to the
Iconditions, restrictions, reservations and easements of record
in the chain of title, if any, constituting constructive notice.
IN WITNESS WHEREOF, the following signatures and
seals:
ATTEST: HAMPTON ROADS SANITATION DISTRICT
(SEAL)
ames R. Borberg, P.E.
Secretary General Manager
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
I, the undersigned, a Notary Public, in and for the
City and State aforesaid, whose commission expires on the
dav of , 1Q.88, do herebv certify that JAMES R.
BORBERG, P.E., General Manager, of Hampton Roads Sanitation
District, and , Secretary of Hampton Roads
Sanitation District whose names are signed to the foregoing deed
have acknowledged the same before me in my City and State
aforesaid this day of , 1988.
LAM, Notary Public
ICKRELL
& LAWLER
.@@s .@ @.
ORFOLK. VA.
1 5
Item IV-F.3.
RESOLUTIONS/ORDINANCES ITEM # 29771
Upon motion by Vice Mayor Fentress, seconded by Councilman Perry, City Council
ADOPTED:
Ordinance authorizing and directing the City
Manager to execute Amendment No. 2 to the Landfill
Gas Lease Agreement with Biogas Recovery Partners,
Inc. re extraction of methane gas from Landfill II.
Voting: 10-0
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, Nancy K. Parker,
John L. Perry and William D. Sessoms, Jr.
Council Members Voti,ng Nay:
None
Council Members Absent:
Harold Heischober
1 AN ORDINANCE APPROVING AN AMENDMENL 70 7ME
2 LANDFILL GAS LEASE AGREEMEN7 BETWEEN BIOGAS
3 RECOVERY PARTNERS, INC. AND THE CITY OF
4 VIRGINIA BEACH AND AUTHORIZING AND DIRECTING
5 THE CITY MANAGER TO EXECUTE SAME
6 WHEREAS, by Ordinance adopted on June 24, 1985 the City
7 Council did approve and direct the City Manager to enter into a
8 lease agreement with American Gas Recovery Corporation for
9 recovery of gas from Landfill II, and
10 WHEREAS, by Ordinance adopted April 20, 1987 the City
11 Council did approve an amendment to the lease agreement to assign
12 lease to Biogas Recovery Partners, Inc. and
13 WHEREAS, on April 20, 1987 the City Council did approve
14 an amendment to the lease agreement to change the scope of work
15 from ptoduction of natural gas to generation of electricity and
16 to extend the time frame for a completion of the work to April 1,
17 1988, and
18 WHEREAS, Biogas Recovery Partners, Inc. has requested
19 an extension of the completion time frame to January 1, 1989.
20 THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
21 CITY OF VIRGINIA BEACH, VIRGINIA:
22 That the Amendment No. 2 to the Landfill Gas Lease
23 Agreement attached hereto as Exhibit A is hereby approved, and
24 the City Manager is authorized and directed to execute same on
25 behalf of the City of Virginia Beach.
26 This ordinance shall be effective from the date of its
27 Adoption.
28 Adopted by the Council of the City of virginia Beach on
29 the First day of August 1988.
APPROVED AS TO CONTENTS
DEPAR-i MENT
API@r,'
7r,AL
su
CITYATTORNEY
Amendment No. 2
Landfill Gas Lease Agreement
This Amendment No. 2 to the Landfill Gas Lease Agreement, made
and entered into the day of 1 1988, here-b,v
modifies by mutual consent, the following Articles and Paragraphs
of the Landfill Gas Lease Agreement executed on June 28, 1985, by
and between the City of Virginia Beach and American Gas Recovery
Corporation. This Amendment shall be incorporated with, and
become an integral part of the Lease Agreement and Ainendment No.
1 thereto, and shall exercise the same force and effect as the
remaining paragraphs of those documents:
The Landfill Gas Lease Agreement and Amendment No. 1 thereto are
hereby amended as follows:
Article VI, Section 6.3, is hereby amended by
substituting January 1, 1985 for April 1, 1988. In all
other respects the remaining provisions of Section 6.3
as stated in Arnendment No. 1 shall remain in full force
and effect.
IN WITNESS WHEREOF the parties hereto have duly executed this
Lease Amendment No. 2 as of the day and year first above written.
LESSOR: CITY OF VIRGINIA BEACH
Witness: BY:
NAME:
TITLE:
LESSEE: BIOGAS RECOVERY
PARTNERS, INC.
Witne! BY:
NAME:
TITLE:
APPROVED AS TO COI@@l@Li@-i
DEPARTMENT
APPPOVED
LEGAL SUI-FL
2
- 16 -
Item IV-F.4.
RESOLUTIONS/ORDINANCES ITEM # 29772
G. G. Miller, owner of Lot 230, Section 2, Cape Story by the Sea, the applicant
represented himself.
Upon motion by Councilman Balko seconded by Councilwoman Henley, City Council
ADOPTED, AS AMENDED*:
Ordinance declaring certain EXCESS PROPERTY
involving the sale of a portion of Cape Henry Pump
Station Site on Poinciana Road and authorizing the
City Manager to convey same.
*The words on line 48 Paragraph 3: "install and"
after the word "shall" and before the word
"maintain" shall be eliminated.
Voting: 9-1
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Barbara M. Henley, Reba S. McClanan, Mayor
Meyera E. Oberndorf, Nancy K. Parker, John L. Perry
and William D. Sessoms, Jr.
Council Members Voting Nay:
John D. Moss
Council Members Absent:
Harold Heischober
AN ORDINANCE DECLARING CERTAIN
PROPERTY EXCESS AND AUTHORIZING
THE CITY MANAGER TO DISPENSE OF
SAME.
1 Whereas, the City of Virginia Beach, Virginia acquired
2 ownership of the following described property in Deed Book 1316
3 at Page 127; and
4
5 Whereas, the City Council of the City of Virginia
6 Beach, virginia is of the opinion that the following described
7 property is in excess of the needs of the City of Virginia Beach,
8 Virginia.
9
10 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE
11 CITY OF VIRGINIA BEACH, VIRGINIA;
12
13 1. The following described property is hereby
14 declared to be in excess of the needs of the City of Virginia
15 Beach, Virginia and that the City Manager is authorized to convey
16 said property in the manner he deems in the best interest of the
17 City of Virginia Beach, Virginia reserving therein any and all
18 easements pertaining thereto:
19
20 All of that certain lot, piece or parcel of
21 land identified as that portion of lot 229A
22 beginning at a pin which is 35 feet west of
23 th southeast cornqr of lot 229A, and thence
24 running south 76' 531 3PIl west 20 feet to a
25 point; thence north 13' 061 3011 west a
26 diatance of 50 feet to a pin; thence north
27 76 531 3011 eash a distance of 20 feet a pin;
28 thence south 13 0613011 east a distance of 50
29 feet to the point of beginning, as further
30 identified on that certain plat entitled
31 "Resubdivision of Lots 229 & 230, Plat No. 1,
32 Cape Story by the Sea, made by James C.
33 Hickman, Land Surveyor, dated December 4,
34 198711 which plat is recorded in the Clerk's
35 office of the Circuit Court of the City of
36 Virginia Beach.
34 2. The property described above shall be assembled
35 with the property adjacent thereto and owned by GerloUS G. Miller
36 and Maryann C. Miller, husband and wife.
37
38 Furthermore, the western boundary line of the parcel
39 described in paragraph 1. shall be vacated so that the parcel
40 adjacent thereto and currently owned by Gerlous G. Miller and
41 Maryann C. Miller, husband and wife, shall be incorporated into
42 one lot.
43
44 3. The Grantee, as a condition of this conveyance
45 shall maintain a screen of trees on the north and east property
46 lines of the 20'x 501 portion of the property being conveyed.
47
48 4. This ordinance shall be effective from the date of
49 its adoption.
50
51 Adopted by the Council of the City of Virginia Beach,
52 Virginia on the First day of AuglIat 1988.
JAR/sbk
07/19/88
08/01/88
\CA-2794
\NONCODE.CAPEH.ORD
EXEMPTED FROM RECORDATION
TAXES UNDER SECTIONS
58.1-811(a)(3),
58.1-811(c)(4), AND
2 5 . 2 49
THIS DEED is made this day of 1988
and is by and between the CITY OF VIRGINIA BEACH, a municipal
corporation of the commonwealth of Virginia (Grantor) and
Gerlous G. MILLER and Maryann C. MILLER, husband and wife,
(Grantees), whose address is 2136 Sandalwood Road, Virginia
Beach, Virginia 23451.
WITNESSETH:
That for and in consideration of the sum of $10.00
cash in hand paid, and other good and valuable considerations,
the receipt of which is hereby acknowledged, the said Grantor
does hereby sell, assign, transfer and convey with Special
Warranty unto the said Grantees, as tenants by the entireties
with right of survivorship as at common law, the following
described property situated in the City of Virginia Beach,
Virginia, to-wit:
All of that certain lot, piece or parcel of
land identified as that portion of lot 229A
beginning at a pin which is 35 feet west of
the southeast corner of_ lot 229A, and
thence running south 76 53' 30' west 20
feet to a point; thence north 130 061 30"
west of 50 feet to a pin; thence north 76
531 3011 east a distance of 20 feet to a
GPIN A-1499-59-8859 LOT 229
GPIN A-1499-598803 LOT 230
pin; thence south 130 041 3011 east a
distance of 50 feet to the point of
beginning, as further identified on that
certain plat entitled "Resubdivision of
Lots 229 and 230 Plat No. 1, Cape Story by
the Sea, made by James C. Hickman, land
surveyor, dated December 4, 1987", which
plat is recorded in the Clerk's Office of
the Circuit Court of the City of Virginia
Beach.
The Grantees, their heirs, successors or assigns
agree, as a condition of this conveyance shall install and
maintain a screen of trees on the north and east property line
of the 201 x 501 portion of the property being conveyed.
This conveyance is made subject to any covenants,
conditions, restrictions and easements in the chain of title
constitution constructive notice.
WITNESS the following signature and seal.
City of Virginia Beach
(Seal)
By: Aubrey C. Watts, Jr.
City Manager
(SEAL)
Ruth Hodges Smith, City Clerk
2
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, on behalf of
the City of Virginia Beach, Virginia, whose name is signed to
the foregoing writing, bearing date the - day of
1 19_, has acknowledged the same
before me in my City and State aforesaid.
Given under my hand this day of
19-.
Notary Public
My Commission Expires:
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
I, a Notary
Public in and for the City and State aforesaid, do hereby
certify that RUTH HODGES SMITH, City Clerk on behalf of the
City of Virginia Beach, Virginia, whose name is signed to the
foregoing writing, bearing date the day of
1 19_, has acknowledged the same
before me in my City and State aforesaid.
3
i
i
I
I
I
Given under my hand this day of
I
, 19 .
I Notary Public
my Commission Expires:
1
4
Vacant Parcel of Land - 1,000 Sq. Ft.
at the rear of
2136 Sandalwood Road
Virginia Beach, Virginia
SALZBERG APPRAISALS, INC.
4780 Euclid Road
Virginia Beach, Virginia
SALzaERG APPRAISALS, INC.
4780 EL)CLIO
VIRGINIA BEACH. VNGINM 234B2
F(-t)ruary 29, 1988
4@458
Mr. James C. Lawsori
City Rt-,al Estate Agent.
City of Virginia Beach
i'Aunicipal Ce-nter
Virginia Beach, Virginia 23456
Re: 2136 Sandalwood Road
Viryitiia Beach, Virginia
Dp.ar Mr. Lawson:
Pursuant to the request of Mr. G. G. "Rip" Miller, the undersigned hereby
submits an appraisal report of tht- above referenced property. The purpose of
this report is to estimate the market value of the, fee simple, interest in the.
subject property as of February 20, 1988, the date of physical inspection.
MarkeL Value is defined as follows:
"The rnost probable, price in ter(Tis of itioiiey which a property
should bring in an open and coinpetitive market under all
coriditions requisile to a fair sale, the buyer and seller, each
acting prudently, knowledgeably and assuining the price is not
affected by undue stimulus."
The subjecl is a 20' by 50' (1,000 square feet) vac ant parcel of land at the rear
of lot 229A, in the single family residential area of Cape Story by the Sea. The,
subje,ct has fio froiitage, on any public street as it is situated at the rear of a
City pump station site. It adjoiris a single, fainily r(-,sidetitial house on the. corner
of Sandalwood Rc)@id ar)ii Pt)in(,.iana Drive, inor(- or lt@s as shown on tht- plat and
pkiotogr@)phs found in Llit-, Appfndix. Thf-. subje(@t also lias a drainage easement
ac,ross a portioti of it.
The subject site. is zoiied t@-6, a single farnily residential classification.
The subject is assessed as part of a larger trac,.t of land and hence the
assessment in this instance is not truly applic,.able and is not deemed
appropriate.
Your appraisf,-r has c-.c)ndu(,ted a recent study of vac,.ant land sales in the subject
and coinpeting areas. The, sales @ire, found in tt)e Appendix of this report as well
as a description of the Direct Sales Comparison Approacti used to arrive at the
value indication of the subje-,ct parcel of vacant land.
As the subject is a vacant uniinproved parcel of land, the Cost and Income
Approaches are not apl)licable,.
The, and Rest Use of the stit)jc@et parcel would b(- for use in
(,c)fijuriL,tion with the adjoining I)ropF.-j,ty ownf-r. The adjoinicig property owfier
wotild tjgt-, the subjc,,ct to expaiid the sizt@ of [)is yard.
The subject SiLe, has no frontage, on any public streel. It is at the rear of a
pump stalion as well as having a drainage. easempnt across a portion of it.
Hence, its use is very limited and wheii the use is limited the value, is
Iiinited.
Although building lots, as indicated by tl)e sales, are in Lhe $45,000 price
range, the subject parcel has only a riorninal valut-. because of the
liunitatioris of its siz(-,, shape and negative iinpacl of being adjacent to a
seweragt, puiiip station and having a drairiagf-, easeinent across a porlion of
ttiis site. Although Lhe land would norinally be worth about $6.50 per square
fool, after all the penalties asso(,,iated witli this particular parcel, it is
@c)rth $.65 per square foot which wheii applit.-d Lo Lhe subject's 1,000 square.
feet results in the. following indicated value@
1,000 sq. ft. a $.65/sq. ft. = $650.00
Based oii a personal inspection of the subject, consideration of the, factors
affec,ting its value, as well as an analysis of the data prese-,nted in this
re.i)orL, it is your appraiser's opinion thal tlie rnarket value of the subject as
of F-ebruiry 20, 1988, was as follows:
SIX HUNDRED FIFTY DOLLARS
($650.00)
Respectfully submitted,
SALZBERG APPRAISALS, INC.
6-4 A
Alexander M. Sai@beg, SR
AMS:yp
Attachrnents
SALZBERG APPRAISALS, INC.
A P P E N D I X
SALZBERG APPRAISALS, INC.
t
L YNNHA VEN R OA DS
CAPE
T
NNHA VE
#VLET
iT,
BRO@D
Neighborhood Map]
OVERALI- VIEW OF THE CORNER OF SANDALWOOD AND POINCIANA
ROADS. THF SUBJECT Is BEHIND PUMP STATION AS WELL AS TO THE
REAR OF THE HOU5E.
VIEW OF SUBJECT FROM POINCIANA ROAD. THE SUBJECT IS IN THE
BACKGROUND OF PHOTOGRAPH BEHIND THE BRICK BUILDING
SALZBERG APPRAISALS, INC.
VIEW OF SUBJECT SITE TO THE REAR OF 2136 SANDALWOOD ROAD.
ANOTHER VIEW OF SUBJECT TAKEN FROM SANDALWOOD ROAD
SALZBERG APPRAISALS, INC.
LAND SALE #1
LO(-ATI(JN: 2227 Oak Street
Cape Story by the, Sea
DATC April 30, 1986
SALFS PRICE-: $44,500
SIZF: (60' x 115') 6,900 Sq. Ft.
ZONING: R-6
UNIT VALLJE: $6.45/Sq. Ft.
COMMENTS: L@gal descriplion: Lot 470, Section 2, Plat of
Cape Story by the, Sea. This E;ite, is off GFeat
Nec,,k Road on the southside of Shore Drive. It
is two blocks frorn Bay beache--s.
SALZBERG APPRAISALS, INC.
LAND SALE #2
LOC--A RION: 2231 Oak Street
Cape Story by the Sea
DATE: May 23, 1986
SALE S PRICE: $44,500
SIZE: (601 x 115') 6,900 Sq. Ft.
ZONING: l@-6
UNIT VALUE: $6.45/Sq. Ft.
COMMENTS: Legal description: Lot 468, Section 2, Plat of
Cape Story by the Sea. This site is off Great
Ne,ck Road on thL,, southside of Shore, Drive. It
is two blocks from Bayfront.
SALZBERG APPRAISALS. INC.
LAND SALE #3
LC)(-ATIoN: Lots 17 & 19 Delaware, Avf.,FlLlf!
@ihadowlawn
DATE-- October 19, 1987
SALFS PRICE: $43,000
SIZE: (60' x 1001) 6,000 Sq. Ft.
ZONING: 11-7
UNIT VALUE: $7.17/Sq. Ft.
COMME NTS: Legal description: @oLs 17 & 19, Block 36,
Plat of Shadowlawn Hights. Wooded lot, six
blocks to ocean. Geographically rE.-Inoved from
subject buL in a coinpeting area.
SALZBERG APPRAISALS, INC.
THE APPRAISAL PROCESS
The esLi(Tiat.iC)II Of a real property's market value involves a systeitiatic,
I)ro(@ess ifi wliic@ti L[ie problern is defined, the work necessary to solve Lhe
proble@n is planned, and the. data required is acquired, classified, analyzed,
and interpreted inlo an estirnale of value. In this process, norcnally three,
value approaches are used by the appraiser: the Direct Sales Comparison
Approach, the Income Approach and Lhe, Cost Approach.
In the Direct Sales Cornparisori Approa(-'h, a study is made of market
acLiviL@ tliat has taken place in the subject of competing neighborhood
areas in recent years. This study is based on comparable sales and how they
relatf- to the subject as to locatioti, time, size, restrictions, and the
conditions influ(,ricing Lhe S21e. Notable differences are then adjusted to the
subject to indicatf-, a valuf- rarige for tile property being appraised.
Ttie Direct Sales Cornparison Approach is the ciie approach that inore
readily lends itself to use in estirnating ttie value for raw land. Hence, in
Lhis particular instance, where the, property being appraised is an
undeveloped (Raw) parcel of larid, this approach has been employed.
The Incoinc- Approach is not applicable in egtirnating a value for raw land as
it is a process in which the anticipated future benefits are discounted to a
pi,f-sent worth through a capitalization process. Neither is the Cost
SALZBERG APPRAISALS, INC.
STATEMENT OF LIMITING CONDITIONS
I do iiot assunie responsibility for legal iiiatters, flor do I render any
opinion as to the title, wtiich we assume [.o be good.
The property is appraised as though free and clear, under responsible
ownership, and coinpetent. inanagefnent. All existing liens and encuinbrances
have bec-n disregarded.
I have, made no survey of the property and assume no responsibility in
i,onnecLion with sucli inatlers. Any pl)otographs or sketclies includ(,,d are t,o
aid the reader in visualizing the property.
Any inforination furnished to rne by others is believed to be reliable, and I
assufne no responsibility for its accuracy.
This appraisal does naL provide for conference or testiriioiiy or atteiidaiiee
in court, with reference to the property in question.
My coinpensation for making the attached appraisal is in no manner
conLingent upon the value reported.
No inspection for terinite damage was madc- and no responsibility has been
assurned in connection with this matter.
SALZBERG APPRAISALS, INC.
No tests liavp been made to deterfninf- load bearing qualities, percolation,
subsoil conditions, or drainage conditior)s of the site,, and no co@isideratiorl
ha!3 been giveii to the requirernents regarding flood insurance for loan
PLl rp OSP. S. It itiust be further understood tliat no consideration tias be(-fl
given t,o @iriy possible ef f ect.s on val uf@ thal itia ybe caused by
e,nvirc)niyierit.al reslrictio(is plared (iri this property by federal, statf-, cily or
count@ goverritnents c)r ariy of their agencies in regards to pollutants or
annoyai)ces of ar)y kind. No responsibility has been assurned for any of
these inatters.
It has I)t@eri assumed tliat all iiiectianical equipfneiit related to the buildifig
operation is in satisfactory working condition; however, no professional
engineering servict-,s have been employt-d to verify this fact.
In this appraisal assignment, the existence of potentially hazardous
fnaterial Lised in tlie construction or fTlainterianct-. of Lhe building or
buildings, stj(!Ii as the presence of Urea Formaldehyde Foam insulation,
and/or existence of Toxic Waste, which rnay or may not be presfnt on the
properly, has not been considered. The appraiser is not qualified to detect
sucti substaiices. We urge the client to retain an expert in this field if
desired.
SALZBERG APPRAISALS, INC.
QUALIFICATIONS OF YOUR APPRAISER
Alc-xafider M. Salzt)pr@g, Sl@A
Virgini,,3 Beach, Virginia
EDUCATION
1. B.S. in E-conomics, Wharton School of Finance afid Cornnierce,,
University of Pennsylvania. 'Aajor: Real Fstate Valuation
2. Master of Business Ad;ninisLratior) (MBA), Old Dc)fninion UfiiversiLy,
Norfolk, Virginia
3. Senior Resideritial Appraiser Designation (SRA) of Lhe Society of Real
Estate Appraisers
41. Coinpleted courses and achieved passing grade in subseqtient
examinations conduc,.ted by the American Institut,e of R,al Fstat,
Appraisers:
Course. I - Appraisal Principles, \4ethods & Tpc,.hniques
Course 11 - Case, Studies, Urbarl Properties
Courst- IV - Condeninatioti
Course Vl - Real Fstate, Investmerlt Analysis
Course VIII - Single Farnily Residential Appraisal
MEMBER OF
Society of Real Estate Appraisers (PrE.-siderit, Tidt-water Chapter,
1961-82); American Right of Way Association; National Asso(-,iation of
Rt-,altoi,s; Virginia Association of Realtors; Tidewater Board of Realtors;
Norfolk Chainber of Commerce
COURT EXPERIENCE
Acc,epLed as an expert witness in real estale alu,ti,n in Lhe, foijowing
cities: Norfolk, Portsmouth, Chesapeake, Virginia Beaclh, NewporL News
and Hampton
TYPE OF APPRAISALS
Market Value, Condemnation Awards, Severance Damage, Salvage. Value.,
Reproduction Cost, Insurable Value,, Leasehold and Leased Fee interest,
E-state Taxatiofi, Marketability Analysis, and projecting attainable, renls
In 1972, 1973 and 1975 served on the facully of the. Tidewater
Community College, Part of the State-wide Community College Syste(TI,
teaching Marketing and Financ..e on the college level.
SALZBERG APPRAISALS, INC,
CURRENT CLIENTS
1. @)il COIT)p@)riit-,s, inrludirig Atlantic Refining Company, Cities Servic,.e
Oil (--Ofnp@irly, Exxon CoiTil)any, USA, Mobil Oil Company, Pure Oil
Cornpaiiy, Shell Oil Cornp;iny, and Suri Oil Company.
2. 1-t-,tiding InsLitutior)s, including Alliance Mortgage, Company, Finarice
America, First American Bank, First American Savings and Loan
Assof-,ial.ion, FirsL Virginia Bank of Tidewate,-r, Life Federal Savings N
1-nan AssociaLion, Lomas and Nettleton Cornpany, Mutual Federal Savifigs
and Loan Assoc-iation, Norwest Mortgage. Inc., Perpetual Amt-rican
MorLg@io(,. Coiyipany, Security Finaiici;31 & Mortgage Corporation,
Stlearsori/Ame.rican Fxpress Mortgage, Corporation, Sovran Bank, U.S.
CrF,-dit CorporaLiorl.
3. Governmerital agt-.ncies, including General Services Administration,
Internal Revenue Service, Norfolk Redevelopinent and Housing Authority,
City of Norfolk, City of Virginia Beac-,h, State Highway Department, U.S.
Navy.
4. National Corporations, including U.S. Plywood, E.R. Squibb and Sons,
Inc,orporated, Ford Motor Company, Interriational Business Mac,.hines,
i<raft Foods Corporation, Litton Industrie.-s, National Biscuit Company,
Norfolk afid Southern Railway, Owens Corning Fiberglass Company,
Chesapeake and Potomac Telephone Company, Honeywell, Incorporated,
Chryslei, Corporation, Univac and Westt-,rn Electric.
SPECIAL APPRAISALS
United States Post Offices at Toms River, New Jersey; Washington,
Pennsylvania and Texarkana, Texas; truck terininals and warehouses in
Tidewate.r area; rnuiti-million dollar gardern type apartitiei)t developiTiet)t,s
in fidt@watpr area; Land upon whicti ttie. $25,000,000 Scope Cultural and
Coiive,iiLioii Centt-r was built; Laiid upon whicl) tlie $12,000,000 filain
office. of Virginia National Bank, Norfolk, Virginia, was built; and upori
which Lhe rnain office of the United Virginia Bank HeadquarLers, Norfolk,
Virginia, was built; multi-million dollar Holiday Inn, Midtown, Norfolk,
Virginia; Quality -@ourts Motel at 1575 West Ocean View Avenue.,
Norfolk, Virginia; Historical preservation value. of 150 year old structure;
abaridoried Nike SiLes for General Services Adininistration.
SALZBERG APPRAISALS. INC.
A03
LC)T Z31(M.13. 27, PG. 13)
10' DRAINAGE EASEMEN..
HEREBY DEDICATED T THE CITY ERMANE
OF VIRGINIA BEACH. 'EASEMEN LOCATIQN MA '-20
.30. 0
ci
T LINF IS tiEREi3Y
CATED
t'G. 1-31
C)
230 A
2'-@ 9
C),:
C)
?:
<1
<1
55.DO'
N 76'53'30' E
POINCIANA ROAD (50')
(M.S. Z7, PC. 131
RESUBDIVISION
OF
LOTS 229 & 230
PLAT NO.1
CAPE STORY BY T@E SEA
LYN14HAVEN BOROUGH VIRGINIA BEACH, Viti(3lNiA
SCALE- l'-ZO' DECEMOER 4,1987
JAMES C. HICKMAN
LAND SURVEYOR
5625 PROVIDENCE ROAD
VIRGINIA BEACH, VIRCltq'iA
- 17 -
Item IV-F.5.
RESOLUTIONS/ORDINANCES ITEM # 29773
Upon motion by Councilman Perry, seconded by Councilman Baum, City Council
ADOPTED:
Resolution to abolish certain Boards, Commissions
and Committees of the City of Virginia Beach,
Virginia.
Voting: 10-0
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, Nancy K. Parker,
John L. Perry and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Harold Heischober
1 A RESOLUTION TO ABOLISH CERTAIN
2 BOARDS, COMMISSIONS AND COMMITTEES
3 OF THE CITY OF VIRGINIA BEACH,
4 VIRGINIA
5 WHEREAS, the Mayor and City Council have appointed
6 various advisory boards, commissions or committees over the
7 years;
8 WHEREAS, those advisory boards, commissions and
9 committees, in most circumstances, have completed their assigned
10 studies; and in others have become inactive;
11 WHEREAS, it is the desire of Mayor and Council to
12 revitalize those advisory boards, commissions and committees
13 that are still active, to reactivate certain inactive boards,
14 commissions and committees and to create others as the need shall
15 arise; and,
16 WHEREAS it is deemed by the Mayor and Council that it
17 is necessary to abolish from the list of advisory boards,
18 commissions and committees all advisory boards, commissions or
19 committees that have become inactive or completed their studies,
20 and to rescind any appointments to those committees,
21 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE
22 COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
23 That those boards, commissions and committees be
24 abolished from the list of advisory boards, commissions, and
25 committees of the City of Virginia Beach, virginia, and the
26 appointments to which are rescinded, as follows:
27 Advertising Selection Committee
28 Airport Environmental Ad Hoc Committee
29 Back Bay Salt Water Commission
30 Back Bay Salt Water Pump Station Committee
31 Coastal Study Committee
32 Consolidation Feasibility Study Committee
33 Deferred Compensation Plan Committee
34 Drunk Driving Task Force
35 Ethics and Conflict of Interest Committee
36 Eastern Virginia Health System Agency
37 Golf Package Committee
38 Lynnhaven River Water Quality Task Force
39 Military Liaison Committee
40 Parks and Recreation Commission (non Council-appointed)
41 Southeastern virginia Job Training Administration (Private
42 Industry Council)
43 Tidewater Stadium Committee
44 Virginia Beach Arts Center Board of Trustees and
45 Executive Committee
46 Virginia Beach Economic Base Study Committee
47 Virginia Beach Study Commission on Local Government
48 Adopted by the Council of the City of Virginia Beach,
49 Virginia on the .- 1st day of August 1988.
50 NEW/lmt
51 6/21/88
52 7/7/88
5 3 7/25/88
54 CA-02817
55 \ordin\noncode\boards.res
APPROVED AS TO CONTENFS
SIGNATURE
DEPARTMENT
APPROVED AS TO LEGAL
SUFFICIENCY AND FORM
"CITY ATTORNEY
2
Item IV-F.6.
RESOLUTIONS/ORDINANCES ITEM # 29774
Upon motion by Councilman Moss, seconded by Vice Mayor Fentress, City Council
ADOPTED:
Resolution to establish a policy procedure related
to City Council appointive Agencies.
Voting: 10-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Pentress, Barbara M. Henley, Reba S. McClanan, John
D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker,
John L. Perry and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Harold Heischober
1 A RESOLUTION TO ESTABLISH A POLICY
2 PROCEDURE RELATED TO CITY COUNCIL
3 APPOINTIVE AGENCIES
4 WHEREAS, the City of Virginia Beach appoints citizens
5 to varioUS Boards, Authorities, Commissions and Committees; and,
6 WHEREAS, these appointments involve nearly four hundred
7 citizens, approximately one-tenth of one percent of the City's
8 total population and each agency is separate and distinct in
9 purpose as well as activity.
10 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE
11 CITY OF VIRGINIA BEACH, VIRGINIA, THAT:
12 The policy procedure for council appointive agencies
13 shall include, but not be limited to, the following:
14 (a) Compensation, as previously established or as
15 subsequently modified, for those agencies by applicable State
16 Code or City ordinance, will not change as a result of this
17 resolution;
18 (b) Each new agency established will be by Resolution
19 or ordinance. In establishment, City Council will determine its
20 mission and a sunset clause, where applicable;
21 (c) Attendance records shall be kept at each meeting
22 of the agency with an annual report to City Council through the
23 City Clerk's office. No member shall accumulate an annual total
24 of more than three absences (not to exceed one-fourth of the
25 total number of meetings). If this limitation is exceeded, for
26 reasons other than personal illness, death or other unusual
27 circumstances, the appointment shall be terminated automatically,
28 or as otherwise prescribed by law;
29 (d) Each agency, where applicable, shall submit a
30 financial statement to City Council; and,
31 (e) The City Clerk shall review tho Talent Bank
32 listing annually on a five year basis, beginning retroactively
33 January 1, 1987. Those citizens whose resumes have heen on
34 record five years (or more at the initial review) shall be
35 contacted by letter to ascertain their desire to remain in the
36 Talent Bank of confidential resumes. The City Clerk shall
37 submit a list with a status category to City Council and
38 thereafter delete the names of those citizens who indicate no
39 further interest or do not respond.
40 Adopted by the Council of the City of Virginia Beach,
41 Virginia, on the -1st day of -ust 1988.
42 NEW/lmt
43 7/25/88
44 7/28/88
45 CA-02858
46 \Ordin\Noncode\Policy.res
APPROVED
SIGNATURE
@@j
DEPARTMENT
APPROVED AS TO LEGAL
SUFFICIENCY AND FOR,@A
ATTORNI@
2
19 -
Item IV-F.7.
RESOLUTIONS/ORDINANCES ITF14 29775
Upon motion by Vice Mayor Fentress, seconded by Counci,lman Balko, City Council
ADOPTED:
Ordinance amending Chapter 2 of the Code of the
City of Virginia Beach by adding a new Article and
Section (2-441) to define Boards, Commissions and
Committees.
Voting: 10-0
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, Nancy K. Parker,
John L. Perry and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Harold Heischober
1 AN ORDINANCE AMENDING CHAPTER 2 OF
2 THE CODE OF THE CITY OF VIRGINIA
3 BEACH, VIRGINIA, BY ADDING A NEW
4 ARTICLE AND SECTION TO DEFINE
5 BOARDS, COMMISSIONS AND COMMITTEES
6 WHEREAS, the City of Virginia Beach is the largest
7 municipality in the Commonwealth of Virginia and is empowered to
8 establish its own appointive agencies; and,
9 WHEREAS, certain Boards, Authorities, Commissions and
10 Committees have been established throughout the years without a
11 positive definition of the category.
12 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE
13 CITY OF VIRGINIA BEACH, VIRGINIA, THAT:
14 Chapter 2 of the Code of the City of Virginia Beach,
15 Virginia, is hereby amended by adding a new Article XXI and
16 section to define Boards, Commissions and Committees appointed or
17 to be appointed by City Council, which shall read as follows:
18 Article XXI. BOARDS, COMMISSIONS AND COMMITTEES.
19 Section 2-441. Definition of boards, commissions and committees.
20 BOARDS shall be defined as those advisory council-
21 appointive agencies which are prescribed by the Virginia State
22 Code as "Boards" as well as locally established bodies, the duty
23 of which pertains to or is governed by federal and state codes or
24 local ordinances. Terms shall be specified and limited in
25 accordance with the applicable federal or state codes or local
26 ordinances or resolutions. Those currently established are as
27 follows:
28 BOARD OF BUILDING CODE APPMMS
29 CO ITY CORRECTIONS RESOURCE BOARD
30 COMMUNITY SERVICES BOARD
31 D P@ AUTHORITY
32 FRANCIS LAND HOUSE BOARD OF GOVEPNORS
33 HISTORICAL REVIEW BOARD
34 MEDICAL COLLEGE OF HAMPTON ROADS
35 PENDLETON PROJECT MANAGEMMT BOARD
36 PERSONNEL BOARD
37 THE PLANNING COUNCIL
38 PUBLIC LIBRARY BOARD
39 SCHOOL BOARD
40 SOCIAL SERVICE BOARD
41 SO TERN PUBLIC SERVICE AUTHORITY
42 SOUTMMTERN TIDEWATER OPPORTUNITY PROJECT, INC.
43 SOUTHEASTERN VIRGINIA AREAWIDE MODEL PROGRAM
44 SPORTS AUTHORITY OF HAMPTON ROADS, VIRGINIA
45 TASK FORCE FOR YOUTHFUL SUBSTANCE ABUSE
46 TIDEWATER COMUNITY COLLEGE BOARD
47 TIDEWATER DETENTION BOARD
48 VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION
49 VOLUNTEER COUNCIL CO-ORDINATOR
50 WETLANDS BOAPJ)
51 COMMISSIONS shall be defined as those advisory council-
52 appointive auencies which are prescribed by the Virginia State
53 Code as "Commissions" plus those locally established for a
54 specific purpose with budgetary responsibility and a structured
55 organization with an annual report to city council. Terms shall
56 be specified and limited in accordance with applicable state
57 statutes or city ordinances or resolutions. Those currently
58 established are as follows:
59 ARTS AND HUMANITIES COMMISSION
60 CONSTITUTION CELEBRATION COMMISSION
61 N ROADS AIR POLLUTION CONTROL DISTRICT COMMISSION
62 MILITARY LIAISON COMMISSION
63 PARKS AND RECRFATION COMISSION
64 PLAMING COMMISSION
65 RESORT AREA ADVISORY COMMISSION
66 SO TERN VIRGINIA PLANNING DISTRICT COMMISSION
67 TIDEWATER PEGIONAL GROUP HOME COMMISSION
68 TIDEWATER TRANSPORTATION DISTRICT COMMISSION
69 TRANSPORTATION SAFETY COMISSION
2
70 COMMITTEES shall be defined as those short-term
71 advisorv aqencies appointed by city council for specific studies
72 with regular reporting periods to the governing body and which
73 shall be automatically abolished when their mission is
74 accomplished and the final report filed with the city clerk for
75 distribution to city council. Those currently established are as
76 follows:
77 ADVERTISING SELECTION COMMITTEE
78 BOND REFERENDUM COMMITTEE
79 CITIZENS ADVISORY COMMITTEE (CAC)
80 25TH ANNIVERSARY CELEBRATION COMMITI!EE
81 Adopted by tbe Council of the City of Virginia Beach,
82 Virginia, on the 1st day of August 1988.
83 NEW/lmt
84 7/2 5/ 8 8
85 CA-02850
86 \ordin\proposed\02-441.pro
APPROVED As TO CONTENI-S
URE
DEPARTMENT
APPROVED AS TO LEGAL
SUI--FICIENCY AND FOPM
RNEY
3
- 20 -
Item IV-F.8.
RESOLUTIONS/ORDINANCES ITEM # 29776
Upon motion by Councilman Balko, seconded by Councilman Moss, City Council
ADOPTED:
Ordinance to AMEND Article XXI of Chapter 2 of the
Code of the City of Virginia Beach by adding a new
Section (2-442) re the establishment of a Military
Liaison Commission.
Voting: 10-0
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, Nancy K. Parker,
John L. Perry and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Harold Heischober
1 AN ORDINANCE TO AMEND ARTICLE XXI
2 OF CHAPTER 2 OF THE CODE OF THE
3 CITY OF VIRGINIA BEACH, VIRGINIA,
4 BY ADDING A NEW SECTION PERTAINING
5 TO THE ESTABLISHMENT OF A MILITARY
6 LIAISON COMMISSION
7 WHEREAS, the Military is recognized as the largest
8 employer in the City of Virginia Beach, the City Council
9 recognizes the need for regular communication and a continuous
10 liaison relationship with the administrative heads of government
11 and military alike; and,
12 WHEREAS, the City Council is empowered to establish
13 Council-appointive agencies for the purpose of better government
14 for the people by the people and any other agency to enhance the
15 goodwill of Virginia Beach; and,
16 WHEREAS, Virginia Beach is the largest city in the
17 Commonwealth encompassing shores of the Atlantic Ocean,
18 Chesapeake Bay and other tributaries served by military
19 installations.
20 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE
21 CITY OF VIRGINIA BEACH, VIRGINIA:
22 That Chapter 2 of the Code of the City of Virginia
23 Beach, Virginia, is hereby amended by adding a new section to
24 Article XXI to ordain and establish a Military Liaison
25 Commission, which shall read as follows:
26 Section 2-442. Establishment of a Military Liaison Commission.
27 A MILITARY LIAISON CONMISSION is hereby established;
28 The mayor, the vice mayor and city manager shall serve
29 for the tenure of their offices or appointments, with the mayor
30 to chair the Commission;
31 The school superintendent and chairman of the school
32 board shall be requested to serve for the tenure of their
33 appointments; and,
34 The following officers, by virtue of their command
35 posts, comprise the military representation and that they shall
36 be requested to serve for the tenure of their respective
37 commands:
38 Conunander, U.S. Atlantic Fleet
39 Connander, Fifth Coast Guard District
40 Conwnander, U.S. Naval Base (Norfolk)
41 Deputy Conunander, U.S. Naval Base (Norfolk)
42 Connanding officer, U.S. Naval Ainphibious Base (Little
43 Creek)
44 C@ding Officer, U.S. Naval Air Station (Oceana)
45 Commanding Officer, U.S. Fleet Combat Training Center-
46 Atlantic (Dam Neck)
47 Commanding Officer, Headquarters - Fort Story
48 Commanding officer, Fleet Marine Force - Atlantic
49 Site Commander, Virginia Army National Guard
50 The Military Liaison Commission shall meet formally
51 and/or informally on a regular semi-annual basis to communicate
52 with each governmental entity, provide good public relations, and
53 create a better understanding of military regulations, civilian
54 laws and community interests.
55 Adopted by the Council of the City of Virginia Beach,
56 Virginia, on the 1st day of August 1988.
57 NEW/lmt
58 7/25/88
59 CA-02851
60 \Ordin\Proposed\02-442.Pro
APPkOVED AS TO CON fEi,4j 6
--SIGNATURE
DEPARTMENT
APPROVED AS TO LEGAL
SUFFICIENCY AND FORM,
lflTY ATTORNEY
2
- 21 -
Item IV-P.g.
RESOLUTIONS/ORDINANCES ITEM # 29777
Upon motion by Vice Mayor Fentress, seconded by Councilman Balko, City Council
ADOPTED:
Resolution to establish a Parks and Recreation
Commission.
Voting: 10-0
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, Nancy K. Parker,
John L. Perry and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Harold Heischober
*Verbal Aye
1 A RESOLUTION TO ESTABLISH A PARKS
2 AND RECREATION COMMISSION
3 WHEREAS, the Council of the City of Virginia Beach,
4 Virginia has determined that recreation is one of the needs of
5 the citizens of Virginia Beach; and,
6 WHEREAS, it is necessary to provide and plan for the
7 orderly and future development of adequate parks, playgrounds and
8 other recreational sites to supply the recreational needs of the
9 citizens of Virginia Beach.
10 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE
11 CITY OF VIRGINIA BEACH, VIRGINIA:
12 That there is hereby established a Parks and
13 Recreation Commission.
14 The membership of that commission shall consist of
15 eleven appointed members, there being one member appointed for
16 each borough in the City and one for each of the at-large council
17 seats, initially elected from the same membership as comprised
18 the Parks and Recreation Commission as of August 31, 1988, except
19 that the terms of membership shall be as follows: Three
20 members shall be appointed for an initial one-year term; four
21 shall be appointed for an initial two-year term; and four shall
22 be appointed for an initial three-year term and, thereafter, all
23 appointments, except those needed to fill vacated but unexpired
24 terms, shall be for a three-year term.
25 City Staff shall serve on the Commission as Ex-officio
26 members with no voting power. All appointees shall be residents
27 of the City of Virginia Beach, Virginia.
28 The duties of the appointees shall include, but not be
29 limited to, attendance at periodic meetings, during which minutes
30 shall be kept, reports made, and reported to Council through the
31 Office of the City Clerk and specifically to advise Council,
32 the city manager and Director of the Parks and Recreation
33 Department on the need to plan for and the development of
34 recreational sites and activities.
35 Adopted by the Council of the City of virginia Beach,
36 Virginia on 1st day of August 1988.
37 NEW/sam
38 6/28/88
39 7/5/88
40 7/7/88
41 CA-02822
42 \ordin\noncode\parksrec.res
2
- 22 -
Item IV-F.10.
RESOLUTIONS/ORDINANCES ITEM # 29778
Upon motion by Councilwoman Henley, seconded by Councilman Moss, City Counci,l
ADOPTED, AS AMENDED*:
Resolution to establish an Advertising Advisory
Review Committee.
The following sentence on lines 23 and 24 shall be
DELETED:
" ... (not related in any way with the Tourism or
Advertising industries)."
Voting: 10-0
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, Nancy K. Parker,
John L. Perry and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Harold Heischober
1 A RESOLUTION TO ESTABLISH AN ADVERTISING
2 ADVISORY REVIEW COMMITTEE
3
4 WHEREAS, the Council of the city of virginia Beach has
5 determined it to be in the best interests of the City to promote
6 through advertising the many benefits of visiting, living in and
7 doing business in the CitY;
8 WHEREAS, the City receives Proposals for contracts
9 lasting two years for the City's advertising; and,
10 WHEREAS, the work of the Committee will be completed as
11 soon as the bid(s) have been officially accepted for the ensuing
12 two-year period;
13 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE
14 CITY OF VIRGINIA BEACH, VIRGINIA:
15 That there is hereby established an Advertising
16 Advisory Review Committee.
17 The membership of that Committee shall be appointed
18 every two years or when necessary. The appointment shall be made
19 approximately six months prior to the bidding process on
20 advertising.
21 Council shall appoint members of the Committee to
22 include members of the City Council and representatives from the
23 public at large. City staff will serve on the Committee as ex-
24 officio members with no voting power. All Council appointees
25 shall be citizens of the City of Virginia Beach, Virginia.
26 The duties of the appointees shall include, but not be
27 limited to, attendance at all meetings, at which minutes shall
28 be kept, and periodic and final reports made to Council through
29 the office of the City Clerk, and specifically, the appointees
30 shall examine and evaluate proposals for advertising to select
31 the best possible advertising agency(agencies) to serve the
32 promotional needs of the City.
33 The Committee shall be dissolved immediately upon the
34 official acceptance of the advertising bid for the ensuing two-
35 year period without further action by the Council.
36 Be it further RESOLVED, that the Council does hereby
37 convey its gratitude to the present Committee for its assistance
38 in reviewing the advertising proposals.
39 Adopted by the Council of the City of Virginia Beach,
40 Virginia, on the 1ST day of August 1988.
41 NEW/lmt
42 6/29/88
43 7/7/88
44 8/1/88
45 CA-02823
46 \ordin\noncode\advertis.res
APPROVED AS TO CONTENTS
/SIGNATURE
DEPARTMENT
APPROVED AS TO Lr.C@',AL
SUFFIClEiNCY ;,,,A
CITY
2
- 23 -
Item IV-F.11.
RESOLUTIONS/ORDINANCES ITEM # 29779
Upon motion by Councilman Balko, seconded by Vice Mayor Fentress, City Council
ADOPTED:
Resolution requesting the Board of Zoning Appeals
to deny the Variance application of Edwin B.
Lindsley, Jr. for an existing billboard on property
located at the Southeastern corner of Shore Drive
and Vista Circle (Lynnhaven Borough).
Voting: 9-1
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, Nancy K. Parker,
and William D. Sessoms, Jr.
Council Members Voting Nay:
John L. Perry
Council Members Absent:
Harold Heischober
Ap?f,@@ I.0 FR-APM
RE
Ct.,Y I.'.'
1 A RESOLUTION REQUESTING THE BOARD OF ZONING
2 APPEALS TO DENY THE APPLICATION OF EDWIN B.
3 LINDSLEY, JR., FOR A VARIANCE TO ALLOW A
4 BILLBOARD TO REMAIN ON IMPROVED PROPERTY ON A
5 CERTAIN PARCEL OF PROPERTY
6 WHEREAS, Edwin B. Lindsley, Jr., is the owner of
7 certain property located on the southeastern corner of Shore
8 Drive and Vista Circle in the Borough of Lynnhaven; and
9 WHEREAS, there is currently located upon the said
10 property a billboard; and
11 WHEREAS, Edwin B. Lindsley, Jr., desires to place other
12 improvements, consisting of a commercial building, upon the said
13 property: and
14 WHEREAS, Section 216(a) of the City Zoning ordinance
15 states, in pertinent part, that "no billboard heretofore erected
16 shall be located, in whole or in part, upon improved property;"
17 and
18 WHEREAS, Edwin B. Lindsley, Jr., has made application
19 to the Board of Zoning Appeals for a variance to allow the said
20 billboard to remain on the property when the proposed
21 improvements are constructed, which application is scheduled to
22 be heard by the Board on August 17, 1988; and
23 WHEREAS, the granting of the variance would be contrary
24 to the purpose and intent of the City Zoning ordinance as it
25 pertains to billboards;
26 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
27 THE CITY OF VIRGINIA BEACH:
28 That the Board of Zoning Appeals be, and hereby is,
29 requested to deny the aforesaid variance application of Edwin B.
30 Lindsley, Jr., when such application is presented to the Board.
31 Adopted by the Council of the City of Virginia Beach,
32 Virginia, on the day of August 1988.
33 WMM/dhh
34 7/27/88
35 CA-02861
36 \Ordin\Noncode\Lindsley.res
- 24 -
Item IV-F.12
RESOLUTIONS/ORDINANCES ITEM # 29780
Upon motion by Vice Mayor Fentress, seconded by Councilman Balko, City Council
DEFERRED for one week until the City Council Meeting of August 1, 1988, an
Ordinance upon application of FORBES CANDIES, INC. for approval of Encroaching
Signs at 2330 Atlantic Avenue.
Voting: 10-0
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, Nancy K. Parker,
John L. Perry and William D. Sessoms, Jr.
Counci,l Members Voting Nay:
None
Council Members Absent:
Harold Heischober
- 25 -
Item IV-G.
CONSENT AGENDA ITF14 # 29781
Upon motion by Councilman Balko, seconded by Vice Mayor Fentress, City Council
APPROVED in ONE MOTION, Items 1, 2, 3, 4, 5, 6, 7, 10, 11, 12, 13, 14, 16, 17
and 18 of the CONSENT AGENDA.
Items IV-G., 8, 9 and 15 were pulled for a separate vote.
Voting: 10-0
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, Nancy K. Parker,
John L. Perry and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Harold Heischober
- 26 -
Item IV-G.1
CONSENT AGENDA ITEM # 29782
Upon motion by Councilman Balko, seconded by Vice Mayor Fentress, Ci,ty Council
ADOPTED:
Ordinance to AMEND and REORDAIN Section 17-19 of
the Code of the City of Virginia Beach, Virginia,
re establishing a public law library and imposing
assessment of additional court costs to support the
library.
Voting: 10-0
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, Nancy K. Parker,
John L. Perry and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Harold Heischober
1 AN ORDINANCE TO AMEND AND REORDAIN
2 SECTION 17-19 OF THE CODE OF THE
3 CITY OF VIRGINIA BEACH, VIRGINIA,
4 PERTAINING TO ESTABLISHED;
5 IMPOSITION OF ASSESSMENT OF
6 ADDITIONAL COURT COSTS TO SUPPORT
7 LIBRARY
8
9 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
10 BEACH, VIRGINIA:
11 That Section 17-19 of the Code of the City of Virginia
12 Beach is hereby amended and reordained to read as follows:
13
14
15 Section 17-19. Established; imposition of assessment of
16 additional court costs to support library.
17
18 (a) Pursuant to section 42.1-70 of the Code of
19 virginia, the city hereby creates and establishes a public law
20 library and, for the support thereof, does hereby impose and
21 provide an assessment as part of the costs incident to each civil
22 action filed in the courts located within the boundaries of the
23 city in the sum of four dollars ($4.00) for
24 each civil action so filed.
25 (b) The assessment provided for herein shall be in
26 addition to all other costs prescribed by law, but shall not
27 apply to any action in which the commonwealth or any political
28 subdivision thereof or the federal goverrunent is a party, and in
29 which the costs are assessed against the commonwealth, any
30 political subdivisions thereof or the federal government.
31
32 This ordinance shall become effective September 1,
33 1988.
34
35 Adopted by the Council of the City of Virginia Beach,
36 Virginia, on the .1 day of 1988.
3 7
38 CJS/epm
39 07/27/88
40 CA-02865
41 \ordin\proposed\17-019.pro
42
AS TO FORM:
TTI47,,7/6
Z79A E y
- 27 -
Item IV-G.2
CONSENT AGENDA ITEM # 29783
Upon motion by Councilman Balko, seconded by Vice Mayor Fentress, City Council
ADOPTED:
Ordinance to AMFND and REORDAIN the Code of the
City of Virginia Beach, Virginia, by adding Section
23-8.1 re maliciously giving false reports of
crime, accident, etc.
Voting: 10-0
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, Nancy K. Parker,
John L. Perry and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Councl.1 Members Absent:
Harold Heischober
APPROVED AS TO CONTENTS
@@ (-Ot- --
SINATURE
DEPARfMLNi
APPRC@VE-1 A.1'r--,, LEC-AL
s km
DINANCE TO AMEND AND REORDAIN
2 -cia fk@ THE CODE OF THE CITY OF VIRGINIA
3 BEACH, VIRGINIA, BY ADDING SECTION
4 23-8.1 PERTAINING TO MALICIOUSLY
5 GIVING FALSE REPORT OF CRIME,
6 ACCIDENT, ETC.
7
8
9 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
10 VIRGINIA BEACH, VIRGINIA:
11 That the Code of the City of Virginia Beach, Virginia,
12 is hereby amended and reordained by adding Section 23-8.1 to read
13 as follows:
14
15 Section 23-8.1. Maliciously giving false report of crime,
16 accident, etc.
17
18 (a) It shall be unlawful for any person maliciously to
19 give, by telephone or otherwise, a false report as to (a) the
20 commission of any crime, (b) the death of, accident to, injury
21 to, illness of or disappearance of some third party, or (c) the
22 present existence of any emergency reasonably requiring the
23 response of law enforcement personnel, to any law enforcement
24 official, or to any "91111 communications officer or pu lic safety
25 dispatcher.
26 (b) It shall be unlawful for any person, without
27 intent to report an emergency, but with intent to harass, to call
28 any "91111 communications operator. Repeated calling of any 11911"
29 communications operator, without intent to report an emergency,
30 and after having been acknowledged by such operator, shall
31 constitute violation of this section.
32 (c) Any person convicted of violation of any provision
33 of this section shall be guilty of a Class 1 misdemeanor.
34
35 Adopted by the Council of the City of Virginia Beach,
36 Virginia, on the 1st day of August 1988.
37 WEB/epm
38 06/10/88
39 07/01/88
40 CA-88-2777
41 (\ordin\proposed\23-008-l.pro)
- 28 -
Item IV-G-3
CONSENT AGENDA ITEM # 29784
Upon motion by Councilman Balko, seconded by Vice Mayor Fentress, City Council
ADOPTED:
Ordinance to AMEND and REORDAIN Section 5-31 of the
Code of the City of Virginia Beach, Virginia, re
bird sanctuaries (KENSTOCK).
Voting: 10-0
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, Nancy K. Parker,
John L. Perry and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Harold Heischober
Requested by Councilman Balko
1 AN ORDINANCE TO AMEND AND REORDAIN
2 SECTION 5-31 OF THE CODE OF THE
3 CITY OF VIRGINIA BEACH, VIRGINIA,
4 PERTAINING TO BIRD SANCTUARIES
5
6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
7 BEACH, VIRGINIA:
8 That Section 5-31 of the Code of the City of Virginia
9 Beach is hereby amended and reordained to read as follows:
10
11
12 Section 5-31. Established; purpose.
13
14 The following described areas in the city are hereby
15 declared to be bird sanctuaries for the protection of all birds:
16 (1) North Thalia in Kempsville Borough:
17 Beginning at a point in the center
18 of Thalia Creek on the north side
19 of U.S. Route 58 (Virginia Beach
20 Boulevard); thence in a northerly
21 direction following the center of
22 Thalia Creek to the merger of
23 Thalia Creek, the western branch of
24 Lynnhaven River and Buchannan
25 Creek; thence in an easterly
26 direction along the center of
27 Buchanan Creek (Lynnhaven and
28 Kempsville Borough line) to the
29 northeast boundary of Thalia
30 Shores; thence in a southerly
31 direction along the Lynnhaven and
32 Kempsville Borough line to a point;
33 thence along the borough line in a
34 westerly direction approximately
35 twelve hundred (1200) feet, more or
36 less, to a point; thence along the
37 borough line in a southerly
38 direction to the north side of
39 U . S . R o u t e58 (Virginia Beach
40 Boulevard) and Route 1192 (West
41 Brook Road); thence in a westerly
42 direction along U.S. Route 58 to
43 the point of beginning.
44 (2) Chesopian Colony in Lynnhaven
45 Borough: Beginning at a point in
46 the center of Pine Tree Branch on
47 the north side of U.S. Route 58
48 (Virginia Beach Boulevard); thence
49 in a northerly direction following
50 the center of Pine Tree Branch to
51 the merger of Pine Tree Branch, the
52 eastern branch of Lynnhaven River
53 and London Bridge Creek; thence in
54 a southeasterly direction along the
55 center of London Bridge Creek to
56 U.S. Route 58 (Virginia Beach
57 Boulevard); thence along the north
58 side of U.S. Route 58 in a westerly
59 d i r e c t i o nto t h e p o i n t of
60 beginning.
61 (3) The subdivisions known as Kings
62 Grant, Alanton, Kings Forest,
63 Malibu, Birchwood Gardens,
64 Lynnhaven Acres, Cape-Story-By-The-
65 Sea, Bay Island and Trantwood
66 Shores in the Borough of Lynnhaven
67 and Nottingham Estates, Laurel Cove
68 and Aragona Village in Bayside
69 Borough.
70 (4) All that certain area located in
71 Lynnhaven Borough, including, but
72 not limited to those subdivisions
73 known as Wolfsnare Plantation,
74 Southern Points, Robin Hood Forest
75 and Great Neck Estates, and being
2
7 6 more particularly described as
77 follows: Beginning at a point in
78 the center of Wolfsnare Creek on
79 the western side of Great Neck
80 Road; thence in a westerly
81 direction following the center line
82 of Wolfsnare Creek to the merger of
83 Wolfsnare Creek and the eastern
84 branch of the Lynnhaven River;
85 thence in a northerly direction
86 along the center line of the
87 eastern branch of the Lynnhaven
88 River to the merger of the center
89 line of the eastern branch with
90 Inlynnview Road extended; thence,
91 in an easterly direction and
92 running parallel to Robin Hood
93 Road, down the center of Inlynnview
94 Road to the intersection of
95 Inlynnview Road and Five Points
96 Road; thence in a northerly
97 direction, down the center of Five
98 Points Road to the point of
99 intersection of Five Points Road
100 and Rose Hall Drive; thence in an
101 easterly direction, down the center
102 of Rose H a 1 1D r i v eto the
103 intersection of Rose Hall Drive
104 with Great Neck Road; thence in a
105 southerly direction and traveling
106 along the western right-of-way line
107 of Great Neck Road to the point of
108 merger of the center line of
109 Wolfsnare Creek with the western
110 right-of-way line of Great Neck
3
ill Road, said point being the point of
112 beginning.
113 (5) All that certain area bounded on
114 the north by Shore Drive, on the
115 south by Long Creek, on the west
116 by Great Neck Road and on the east
117 by the subdivision known as Cape-
118 Story-By-The-Sea.
119 (6) The subdivisions known as Lakeview
120 Shores, Lake Smith Terrace, Lake
121 Smith Terrace-West, Thoroughgood,
1 2 2 Thoroughgood Estates, Lake Shores,
1 2 3 Bayville Park, Baylake Pines and
124 Baylake Beach in Bayside Borough.
125 (7) All that certain area located in
126 Princess Anne Borough being
1 27 described as follows: From the
128 intersection of the center line of
129 Hell Point Creek and Tabernacle
130 Creek to its intersection with the
131 center line of Muddy Creek to its
132 termination at North Bay, then
133 northwardly along the center line
134 of Hell Point Creek to the point of
135 origin.
136 (8) The subdivisions known as Lake
137 James, Kempsville Heights, Point-
138 of -View, Arrowhead, Carolanne
1 39 Farms, Huntington, Fai rf ield ,
1 40 Kempsville Manor, Kempsville
141 Gardens, Lark Downs, Larkspur,
1 4 2 Kempsville Colony, Bellamy Manor,
1 4 3 Acredale, Reverton, Lakeville
1 4 4 Estates, Timberlake and Stratford
1 4 5 Chase in Kempsville Borough and
146 Fawn Village at Indian Lake.
4
1 47 (9 All that certain area located in
1 48 Princess Anne Borough being
1 4 9 described as follows: From the
150 center line of North Landing Road
151 easterly five hundred (500) feet
152 and westerly five hundred (500)
153 feet and running parallel to North
154 Landing Road from the south line of
155 Indian River Road to the Chesapeake
156 C i t y boundary 1 i n e on t h e
157 Intercoastal Waterway.
158 (10) The subdivision known as Lago-Mar
159 in Princess Anne Borough.
160 (11) The subdivision known as Green Run
161 in Princess Anne Borough.
162 (12) The subdivisions known as Pembroke
163 Meadows, Pembroke Manor, Witchduck
164 Point and Witchduck Bay in Bayside
165 Borough.
166 (13) The subdivision known as Lynnhaven
167 Colony.
168 (14) All that certain area known as
169 Beach Garden Park in the Lynnhaven
170 Borough of the city; said area is
171 located directly south of Laskin
172 Road, bounded on the west by
173 Barberton Drive and on the east by
174 Holly Road running to 26th Street.
175 (15) All that certain area known as
176 Chesapeake Beach in the Bayside
177 Borough of the city; said area is
178 bounded on the south by Shore
179 Drive, bounded on the north by
180 Chesapeake Bay, bounded on the west
181 by Little Creek Amphibious Base,
5
18 2 and bounded on the east by the
183 subdivision known as Baylake Pines.
184 (16) All that certain area known as
185 Princess Anne P 1 a z a in the
186 Lynnhaven and Princess Anne
187 Boroughs of the city; said area is
188 bounded on the north by the
189 Virginia Beach toll road, bounded
190 on the west by Rosemont Road,
191 bounded on the south by Holland
19 2 Road and Lynnhaven Parkway, and
1 9 3 bounded on the east by Lynnhaven
194 Parkway.
195 (17) All that certain area known as
196 Wolfsnare in the Lynnhaven Borough
197 of the city; said area is bounded
198 on the east by First Colonial Road,
199 on the north by the Northern Branch
200 of Wolfsnare Creek, on the west by
201 Great Neck Road, and on the south
202 by the southern branch of Wolfsnare
203 Creek, Regency Apartments, and
204 Laskin Road; to include the
205 subdivision of First Colonial
206 Estates, Camden Estates, Glouster
207 Village, Hilltop Manor, Wolfsnare
208 Acres, Washington Square and Woods
209 of Washington Square.
210 (18) All that certain area known as Lake
211 Placid in the Princess Anne
212 Borough.
213 (19) The subdivision known as Great Neck
214 Point in the Lynnhaven Borough.
215 (20) The subdivision known as Ballylinn
216 Shores in the Kempsville Borough.
6
217 (21) All that certain area known as Hunt
218 Club Forest in the Princess Anne
219 Borough.
220 (22) All that certain area known as Pine
221 Ridge in the Princess Anne Borough.
222 (23) The subdivision known as Kenstock
223 in the Lynnhaven Borough.
224
225 Adopted by the Council of the City of Virginia Beach,
226 Virginia, on the 1st day of August 1988.
227
228 JDB/epm
229 07/18/88
230 CA-02835
231 \ordin\proposed\05-031.pro
232
233
7
- 29 -
Item IV-G.4
CONSENT AGENDA ITEM # 29785
Upon motion by Councilman Balko, seconded by Vice Mayor Fentress, City Council
ADOPTED:
Ordinance to REPEAL Section 2-117 of the Code of
the City of Virginia Beach, Virginia, re overtime
pay and compensatory time.
Voting: 10-0
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, Nancy K. Parker,
John L. Perry and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Harold Heischober
AN ORDINANCE TO REPEAL SECTION 2-
1 117 OF THE CODE OF THE CITY OF
2 VIRGINIA B E A C H , VIRGINIA,
3 PERTAINING TO OVERTIME PAY AND
4 COMPENSATORY TIME
5
6
7 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
8 VIRGINIA BEACH, VIRGINIA:
9 That Section 2-117 of the Code of the City of Virginia
10 Beach, Virginia, is hereby repealed.
11
12 Section-2-li@7--E)vertime-pay-and-compensatery-timeT
13
14 fat ---
15
16 fbt ---
17 no-n-s 1---' oryu--L-mp-le-yees
18
19 emp+eyees- -and- @-job
20 groupst
21 fet--J L@
22 emp-loyees-
23 these-@ -aft&-exeetit4:ve
24 job-groupst
25 fdl----
26 eefnpensat+en-f r- tth"e - e n g a g e 6
27 -i n - - @ w e r m- - f- i r e - -p@ L, c t, i: 0 Ti - -&e t- i t, -i t -i s w 0 r n - -1-aw -e n t
28
29 regularly- @-period- -&L- - 1/2 -2 -,o 1/2 - @. ft.-i- - IF h tt r s d a y -F
30 Apri:i: 4:68t
31 e o -n-s@ i. r e - -h a u i -s- - i -s@ - -(-7-)- -tttive--tw"-t &-itc5ur
32 periedst7
33 f ef
34 (Dvertime-compensation-for-all-eligible-employees-engaged-in-swern
35 f i r e - I" et eet 4 e n- -@tt l-& r. I-r - r-e c tt r, r. @ ftg - p e r i o d
3 6 commeneing--&t --- -7 7- -cent i nu ing
37
38
39 f
40 overt-iine
41
42 rectrring-
43
44 tttive--twen-t @lT@ tt r
45 periodstt
46 g wo r k fo r - r
47
48 law-en-f iod
49
50 f-er- -ff-curteen
51 f hi ---- C rrft&bie
52
53 e -1
54
55
56
57
58 atny-@
59 ti:me-
60
61 inclement-weather-periodt
62
63
64
65
66 exceeds-+W,5- @-dtrr-i7ng-L-he-twenty-seven-day
67 -en-@-day
68 observed-@-@-e4ty--
69 aettially- -by- an -IdIU7r-i y
70 -or
71 inclement-weather-periedt
2
7 2
7 3
74
75 which--t@- -that
76
77 -t-ifne-
78
79 an-@-designated-@ -during-@-eity- -designated
80 P-anditien-f-or-eendition-if-emergency-or-inclement-weether
81 periadt
82 es
83 e(5fnpensetery--t-ime
84 time-and-ene-half-rate-effeetive-April-17T-19867
85 fit --- Empleyees-@-are-@-i -to-@ -i@-begin
86 working-in-i@-@
87
88
89
90
91 -of.
92 department-headl5-@-
93 t+rne-@-
94 @-@-ti:me-and-(5me-
95
96 fnt --- nEXeMPtu-@ -ShaII7-@-the-@ @-of
97 departnient-head,3- &r- -wi-L-it-pay-at
98 time-@- -of-
99 payment-@-
100 rate-for-all-recorded-evertimeT
101 tot --- uNonexemptu-empioyees7 --- who-werk-additional-time
1 0 2 0 f- - u t e s -,dd-r -a-t -i "- -1-@-be-ereel-ited
103 A-ny--Evtteh-@ -wark5
104 a d 6 i t + o n a I - t 4 me -
105 eredited-with- etddi-t-i .20t
106 minutest---
3
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108 ered ited- @@-@rtt-y,- i -2,Bi -OE- @-tiniet
10 9 An-,efhp-ieyee- tak @ -nii n tt tes
110 to-,f -if ty-1-5-01- -1- -w i-L-it - f-* r-ty - t 4 0 t
1 11 minutes-@- An-@ -werks
112 addit-ionai--t-irne @-f-@
113
114 werking-timet
115
116
117
118 recerded-t(5-the-nearest-quarter-hedr7
119 &@r-f-time
120 4:n-
121 f
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123 operat+en-@
124 which-
125
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127
128
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130 Arl- -be -
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133
134 ftt --- F,,-- t- - -f@ - a c c r tt e 8
135 eem
136 calculated--&t-@ -by
137 the-@ -regtt3:ar
138
139 whichever-is-highert
140 ful---
141 ecit
4
1 4 2 calcul ated-@-t-@- a-nd- ta-t@@--paY
143 received-by-the-employee-at-the-time-of-terminationT
144
145
146
147
148
149 evertime-
150
151 whi7chever-is-greaterT
152 fwf --- @-E-x@--entp l-(5yL-eff - -te--reL-trr-rr-@-work
153 9-ite--&t-- -erre-+im-r-
154 regdiar-weTk--s-h-i-f
155 ef-+we -(@-
156 regtt3:ar- -2t-
157 i-M e
158 c ompe n s a t i a n -t-i ifte- @-hotiti-y-@-or
159 compensatory--t-ime
160 at-the-work-siteT-whichever-is-greaterT
161 txi---
162 differential-pay-shaII7-4:f-paid-for-overtifne-werk7-receive-pay-at
163 time-.and-
164
165
166 -f--the
167 reejttlar-heuriy-rette-e5f-pay-not-to-include-the-shift-difterenti&IT
168 fyt----E@
169 POSitieM7-i7e77-eMPfoyees-shall-not-obtain-any-part-time-or-full-
170
171
172
173 prehibited7
174
175
176 unenexemptu-empleyee-as-a-unenpaidu-voitnteer-to-perform-the-sanie
5
177 type-@-work--
178 prohibitedt--
179
180 desigmeet --- y
181
182 agencyt
183
184 "Xemptu-@ et ffte
185 @-be
186 perfft+ttedt
187
188 eity- a7t- -thtit- -dtrimg
189
190 by-@- @--ene-day-@
191
192
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196 f -f @ - -PI 0 -i @ - @ f e -f 4-S i7 n .8@ - @h a -1-1- - @ft d
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198 @--the
199 r-ave 1- - @@ - s h a i: 4:
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2 0 1
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205 employee@-supervisort
206 --------- ti4:t --- W h e n - @ -pr- @r&@ - '&'d t 15ffte b-i -1 e- d t 4: 1 E e d
207 cefftpensable-travel-tinie-shall-cemmence-thirty
208 f -f rom-@@-of
209 residemee-,"--i @par-t-ttr-e-from
210
211 -of-
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2 1 2 @--t@i7p7
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214 d epa r t tire - -f-@ - t@- t empe ra ry- @-t@ -er
215 P-1@ - @f- - -&e c@d ti-t-4@rr - -& n d- - @rvd
216 i:mmediate4:y- @-s- -@L-trr-ft - - th L,
217 place-@f---r@ -or - @r* - @-t@ -whi che ve r
218
219 -------- tiii t-- @@-pr iv& te - 0-f-@+r -i-a -ve 4: t2 n tar -i -1 y
220 t2 - @ - @ - @@L, - -r-art-h e f- -L-ha n- -an
221 a v a -i -1 a@@ -s--worked
2 2 2 -L-hL--
223
224
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227 stpervisort
228 -eeet r
229
230 eensidered- -ceeurs
231 dtir4:ng-an I-a7r--working
232 @-h,&trr-1-y,-rate
233 of-PaYT
234 feet --- The- @-and- --of -@-1--overtime
235
2 3 6 de-s-i oL
237
238
239
240
2 4 1 enf erc@--act4
2 4 2 -engaged
243 661- -@-8
244
245 -are
246
7
247 whieh-@-normal- ceiicer nt-,d- @l-& - b e
248 etdversely-
249 thett-.ad@-&-t@ -a re dvti-i -Ifib-I e- -P&Yft&ft@ 0 f'
250 evert+me- -ere r L- @ffte - @-k- @ be
251 pe r!Eor w o t k- - 1---t-irne -ei7ther
252
253 ftpprovel-@- @-&-sttperviser@s
254
255
256 proeedttret
257 ft- -of
258
259 --t@-ensd-r@-the-@i7L-y Ls
260 eempliance-with-the-Pa-ir-Eabor-Standards-het-Of-i9387-&S-8Mended7
261 and-'Pitle--2-97-,E@@
262 qttestions- s-@t7@it- -1--be
263 directed-to-the-direeter-of-pereennel-or-designeeT--Add+t4:enally7
264 @-&Itr-eiL-y,-agency
265
266
267 ifnplementati(5nT
2 6 8
2 6 9 Adopted by the Council of the City of Virginia Beach,
270 Virginia, on the 1st day of Aug-us t 1988.
2 7 1
272 RMB/epm
273 07/06/88
274 CA-88-2829
275 ordin\proposed\02-117.pro
A
DEPARTMENT
APPRO@ AS TO LEGALI,
EY
8
- 30 -
Item IV-G.5
CONSENT AGENDA ITEM # 29786
Upon motion by Councilman Balko, seconded by Vice Mayor Fentress, City Council
ADOPTED:
Ordinance to authorize the Acquisition of property
in Fee Simple for right-of-way for Indian River
Road, Phase IV; and, the Acquisition of Temporary
and Permanent Easements of right-of-way, either by
Agreement or Condemnation.
Voting: 10-0
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, Nancy K. Parker,
John L. Perry and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Harold Heischober
1 AN ORDINANCE TO AUTHORIZE ACQUISITION OF
2 PROPERTY IN FEE SIMPLE FOR RIGHT OF WAY FOR
3 INDIAN RIVER ROAD PHASE iv AND THE
4 ACQUISITION OF TEMPORARY AND PERMANENT
5 EASEMENTS OF RIGHT OF WAY, EITHER BY
6 AGREEMENT OR CONDEMNATION
7
8 WHEREAS, in the opinion of the Council of the City of
9 Virginia Beach, Virginia, a public necessity exists for the
10 construction of this important roadway to provide transportation
11 and for other public purposes for the preservation of the safety,
12 health, peace, good order, comfort, convenience, and for the
13 welfare of the people in the City of Virginia Beach:
14 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
15 VIRGINIA BEACH, VIRGINIA:
16 Section 1. That the City Attorney is hereby authorized and
17 directed to acquire by purchase or condemnation pursuant to
18 Sections 15.1-236, et seq., 15.1-898, 15.1-899, and section 33.1-
19 89, et seq., Code of Virginia of 1950, as amended, all that
20 certain real property in fee simple, including temporary and
21 permanent easements of right of way as shown on the plans
22 entitled "INDIAN RIVER ROAD PHASE 4; C.I.P. # 2-065,11 these
23 plans being on file in the office of Real Estate Department of
24 Public Works, Virginia Beach, Virginia.
25 Section 2. That the City Attorney is hereby authorized to
26 make or caused to be made on behalf of the City of Virginia
27 Beach, to the extent that funds are available, a reasonable offer
28 to the owners or persons having an interest in said lands, if
29 refused, the City Attorney is hereby authorized to institute
30 proceedings to condemn said property.
31 That an emergency is hereby declared to exist and this
32 ordinance shall be in force and effect from the date of its
33 adoption.
34 Adopted by the council of the City of virginia Beach,
3 5 Virginia, on the 1 day of August 19 88
3 6
37
38
39
40
41
42
43
44
45
46 JAR/ih
47 CA-2810
48 \ordin\noncode\indian.ord
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- 31 -
Item IV-G.6
CONSENT AGENDA ITEM # 29787
Upon motion by Councilman Balko, seconded by Vice Mayor Fentress, City Council
ADOPTED:
Ordinance to authorize the Acquisition of property
in Fee Simple for right-of-way for Back Bay Marina
Bridge replacement; and, the Acquisition of
Temporary and permanent Easements of right-of-way,
either by Agreement or Condemnation.
Voting: 10-0
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, Nancy K. Parker,
John L. Perry and William D. Sessoms, Jr.
Counci.1 Members Voting Nay:
None
Council Members Absent:
Harold Heischober
I AN ORDINANCE TO AUTHORIZE ACQUISITION OF
2 PROPERTY IN FEE SIMPLE FOR RIGHT OF WAY FOR
3 BACK BAY MARINA BRIDGE REPLACEMENT AND THE
4 ACQUISITION OF TEMPORARY AND PERMANENT
5 EASEMENTS OF RIGHT OF WAY, EITHER BY
6 AGREEMENT OR CONDEMNATION
7
8 WHEREAS, in the opinion of the Council of the City of
9 Virginia Beach, Virginia, a public necessity exists for the
10 construction of this important bridge to provide transportation
11 and for other public purposes for the preservation of the safety,
12 health, peace, good order, comfort, convenience, and for the
13 welfare of the people in the City of Virginia Beach:
14 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
15 VIRGINIA BEACH, VIRGINIA:
16 Section 1. That the City Attorney is hereby authorized and
17 directed to acquire by purchase or condemnation pursuant to
18 Sections 15.1-236, et seq., 15.1-898, 15.1-899, and Section 33.1-
19 89, et seq., Code of Virginia of 1950, as amended, all that
20 certain real property in fee simple, including temporary and
21 permanent easements of right of way as shown on the plans
22 entitled "BACK BAY MARINA BRIDGE REPLACEMENT CIP 2-952,11 these
23 plans being on file in the Department of Public Works,
24 Engineering Division, virginia Beach, Virginia.
25 Section 2. That the City Attorney is hereby authorized to
26 make or caused to be made on behalf of the City of Virginia
27 Beach, to the extent that funds are available, a reasonable offer
28 to the owners or persons having an interest in said lands, if
29 refused, the City Attorney is hereby authorized to institute
30 proceedings to condemn said property.
31 That an emergency is hereby declared to exist and this
32 ordinance shall be in force and effect from the date of its
33 adoption.
34 Adopted by the council of the City of Virginia Beach,
35 Virginia, on the 1 day of August 19 88
3 6
37
38
39
40
41
42
43
44
45
46 JAR/ih
47 CA-2833
48 \ordin\noncode\backbay.ord
CONTENTS
DEP,
APPROVED ASp LEGAL
i It
ATTORNEY
01
m
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R
- 32 -
Item IV-G.7
CONSENT AGENDA ITEM # 29788
Upon motion by Councilman Balko, seconded by Vice Mayor Fentress, City Council
ADOPTED upon SECOND READING:
Ordinance to APPROPRIATE $34,000 to the Law Library
Operating Budget for the expansion of Wahab Public
Law Library hours and increase per case filing fees
from .$3.00 to $4-00- (First Reading of July 110
1988, corrected from $5.00.)
Voting: 10-0
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, Nancy K. Parker,
John L. Perry and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Harold Heischober
AP To F7M/@
7
RNEY
1 AN ORDINANCE TO APPROPRIATE FUNDS IN THE
2 AMOUNT OF $34,000 TO THE LAW LIBRARY
3 OPERATING BUDGET FOR THE EXPANSION OF WAHAB
4 LAW LIBRARY HOURS
5 WHEREAS, the Wahab Law Library is presently open 40 hours
6 per week for the general public, and
7 WHEREAS, by city code the law library is funded through the
8 assessment of monies from the fees for each civil action filed in
9 the courts of the City of Virginia Beach, and
10 WHEREAS, 17 additional law library hours per week have been
11 requested to make the law library more convenient to the general
12 public, and
13 WHEREAS, Section 42.1-70 in the Code of Virginia has been
14 amended to allow localities $4.00 from the fees for each case
15 filed instead of $3.00, and
16 WHEREAS, the $1.00 increase in the assessment rate will
17 generate approximately $34,000 in additional revenue, and
18 WHEREAS, the additional revenue will be used to fund the
19 expansion in law library hours, first year costs associated with
20 the expansion and to offset any law library costs funded by the
21 General Fund, and
22 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
23 VIRGINIA BEACH, VIRGINIA: that funds in the amount of $34,000
24 are hereby appropriated from anticipated law library revenue
25 assessments to the Law Library Fund for the expansion of law
26 library hours and other related costs.
27 This ordinance shall be effective from the date of its
28 adoption.
29 Adopted by the Council of the City of Virginia Beach,
30 Virginia, on the 1st day of August 19 88
31 JDB/epm
32 07/28/88
33 CA-88-2838
34 Lawlibr.ord
- 33 -
Item IV-G.8
CONSENT AGENDA ITEM # 29789
Upon motion by Councilwoman Parker, seconded by Councilman Sessoms, City
Council APPROVED, upon FIRST READING:
Ordinance to ACCEPT a $2,089,000 entitlement grant
from the United States Department of Housing and
Urban Development and to APPROPRIATE $1,402,807 for
the 1988-1989 Community Development Block Grant.
Voting: 10-0
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, Nancy K. Parker,
John L. Perry and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Harold Heischober
Items IV-G. 8 & 9 were voted upon together.
Requested by: The Department of Housing and Community Development
AN ORDINANCE TO ACCEPT AN ENTITLEMENT GRANT
FROM THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
AND TO APPROPRIATE FUNDING FOR THE
COMMUNI@Y DEVELOPMENT FOURTEENTH PROGRAM YEAR
WHEREAS, the U.S. Department of Housing and Urban
Development (HUD) has awarded a grant of $2,089,000 for the
funding of the Community Development Fourteenth Program Year, and
WHEREAS, the U.S. Department of Housing and Urban
Development has approved the Community Development Fourteenth
Program Year Budget,
NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
That funding from HUD be accepted and funds appropriated for
the following projects and purposes:
E X P E N S E S
AMOUNT
PROGRAM ALLOCATED
----------------------------------------------------
CAPITAL PROJECTS
Newsome Farm Streets & Drainage $518,000
Queen City Drainage Study $25,000
HOUSING PROGRANS
Rehabilitation $200,000
Replacement Housing $250,000
Last Resort Loans $324,797
Code enforcement Inspections $26,125
Code enforcement Demolition $35,000
Homesharing/Home Maintenance Counseling $53,753
Housing Program Implementation $201,613
OTHER
Black Heritage Activities $4,010
General Management $314,702
Section 8 Program Implementation $22,455
Rental Rehab Program Implementation $40,000
VBCDC - Program Implementation $97,545
Reserve for Salaries/Benefits/Contingency $46,000
TOTAL ESTIMATED COSTS $2,159,000
R E V E N U E S
$2,089,000 ESTIMATED 14TH YR GRANT
$70,000 ESTIMATED PROGRAN INCOME
------------------------------
$2,159,,000 TOTAL ESTIXATED REVENUES
That the appropriations will be f by $2,089,000 in federal
funds fran the U. S. Departmmt of Housing and Urban Devel t, and that
appropriations will be financed by an additiorial $70,000 in program inccme
generated by the Departmerrt of HousiM and @ty Devel t.
AmoLmts appropriated abcyve amend arry 1988-1989 fiscal year
@ty DLvel t Block Grant funded allocations previously authorized
in the fiscal year 1988-1989 budget ordinance adcpted by City Co=il on May
16, 1988.
F= @Un: August 1, 1988
SECOND READING:
Ad@ by the Council of the City of Virginia Beach, Virginia on
the_ day of , 1988.
PROJECT DESCRIPTIONS
A. CAPITAL IMPROVEMENT PROJECTS
1. Newsome Farm Street and Drainage Proiect-
Construction: Funds are provided for the
construction of standard street and drainage
improvernents. Additional funds are provided from
City of Virginia Beach general revenue sharing.
This project meets the national objective of
benefitting low and moderate income persons.
Cost: $518,000.
2. Queen City Interior Drainage Study: Funds are
provided to study the cost and feasibility of
providing interior yard drainage improvements to
eliminate existing drainage problems. This
project meets the national objective of
benefitting low and moderate income residents.
Cost: $25,000.
B. HOUSING PROGRAMS
1. Housing Rehabilitation: Funds are allocated for
approximately 23 rehabilitation projects at an
approximate cost of $8,000 per project for the
Atlantic Park, Beechwood, Gracetown, Lake Smith,
Newlight, Newsome Farm, Mill Dam, Reedtown and
Seatack neighborhoods. The remaining funds will
be utilized for 7 Emergency Grants at an
approximate cost of $1,500 per grant. Emergency
Grants are available in all of the target
neighborhoods to correct serious code violations
in dwellings which present an immediate hazard to
the health, safety and welfare of the occupants.
An estimated $4,500 is allocated for legal and
professional fees in support of these projects.
This program meets the national objective of
benefitting low and moderate income persons.
Cost: $200,000.
2. Replacement Housing/Relocation: Funds are
allocated for 12 replacement housing projects
(new construction) at an approximate cost of
$15,000 per project for the Atlantic Park,
Beechwood, Gracetown, Lake Smith, Newlight,
Newsome Farm, Mill Dam, Reedtown and Seatack
neighborhoods. Additional funds are allocated
for approximately 7 tenant relocation cases and
for the legal and professional fees in support of
these projects. This project meets the national
objective of benefitting low and moderate income
persons. Cost: $250,000
5
3 Last Re rt Housing Loans: Funds are allocated
ast Resort Housing Loans to provide the
additional financing required to construct
Replacement Housing projects referenced above for
qualified residents. This program meets the
national objective of benef itting low and
moderate income persons. Cost: $324,797.
4. Code Enforcement/Demolition/Clearance: Funds are
allocated for systematic housing code entorcement
services performed by the City's Hc)using Code
Division and for the demolition of unsafe
buildings and clearance@' of debris in community
development target neighborhoods. $26,125 is
designated for funding of Housing Code Division
staff services in the target neighborhoods and
the remaining funds are designated for demoliti-
on/clearance projects. This project meets the
national objective of the elimination of slums
and blight. Cost: $61,125
5. Homeshar.ina/Housing Counseling Program: Funds
are allocated for the implementation of this
program. The program provides screening and
referral services designed to assist elderly,
handicapped persons, single heads of household
and other low and moderate income persons in
sharing housing resources. In addition, funds
are allocated for home maintenance and repair
counseling, which will provide services to low
and moderate income homeowners that will give
them the ability to better maintain their homes.
These programs meet the national objective of
benefitting low and moderate income households.
Cost: $53,753
6. Housing Programs Administration: Funds are
allocated for the necessary direct staff and
implementation costs to support and deliver
housing program services. This amount does nlot
include salaries for supervisory employees or
other indirect project costs. Cost: $201,613
7. Rental Rehabilitation Program Administration:
Funds are allocated for the necessary direct
staff and implementation costs for the Rental
Rehabilitation Program. Cost: $40,000
C. Other
1. Black Heritaqe Awareness Activities: Funds are
allocated for cultural and recreational
6
activities surrounding tlie City's Black Ileritage
Awareness Day. This date coincides with Black
History Month activities during February 1988.
Funds in the amount of $3, 500 will be used to
coordinate the activities for this event. In
addition, a program to involve black students in
Black Heritage activities throughout the year is
being started. This activity meets the national
objective of benefitting low and moderate income
persons. Cost: $4,010
2. General Management and Oversight; Funds are
allocated for the planning, management, oversight
and indirect administrative costs of the Housing
and Community Development Program. This amount of
$314,702 is supplemented by an additional
$110,221 in City funds for the department's
administrative budget. Cost: $314,702
3. Section 8 Program Administration: Funds in the
amount of $22,455 are allocated tor the
administrative costs of operating the Section 8
Existing and Moderate Rehabilitation Housing
Programs. This program also operates under the
auspices of the virginia Housing Development
Authority (VHDA). Additional funds in the amount
of $88,612 for the administration of this program
are to be received from VHDA. Cost: $22,455
4. Virginia Beach Community Developinent Corporation-
(VBCDC) : Funds are allocated for the
adminis@ration of the VBCDC and for the
implementation costs of the Low and Moderate
Income Home Ownership Program (LMIHOP). This
program involves the construction and financing
of single family housing for low and moderate
income people in the City's CDBG target
neighborhoods. The program meets the national
objective of benefitting low and moderate income
persons. Cost: $97,545
5. Contingencies: These funds, representing
approximately 2.1% of the total expenditures,
have not been specifically designated for any,
specific project or program. These funds are
primarily set aside for possible increases in the
cost of completing any of the above mentioned
projects. Cost: $46,000
7
- 34 -
Item IV-G.9
CONSENT AGENDA ITEM # 29790
Upon motion by Councilwoman Parker, seconded by Councilman Sessoms, City
Counci.1 APPROVED, upon FIRST RF.ADING:
Ordinance to ACCEPT and APPROPRIATE $164,000 from
the United States Department of Housing and Urban
Development for rental rehabilitation.
Voting: 10-0
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, Nancy K. Parker,
John L. Perry and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Membets Absent:
Harold Heischober
Items IV-G. 8 & 9 were voted upon together.
Requested by; Department of Housing and Community Development
AN ORDINANCE TO ACCEPT AND APPROPRIATE $164,000.00
FROM THE U.S. DEPARTMENT OF HOUSING AND URBAN
DEVELOPMENT FOR RENTAL REHABILITATION
WHEREAS, the U.S. Department of Housing and Urban
Development (HUD) has awarded a grant of $164,000.00 for the
funding of rental housing rehabilitation; and
WHEREAS, the City of Virginia Beach has developed a
Rental Rehabilitation Program and has structured the necessary
mechanisms for implementation in compliance with federal and
local directives; and
WHEREAS, the use of these funds for rental housiiig
rehabilitation will increase the supply of standard rental
housing units affordable to lower income families.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE
CITY OF VIRGINIA BEACH, VIRGINIA:
That funding in the amount of $164,000.00 from HUD be
accepted and funds appropriated to cont4@nue Reiital Rehabilitation
Program activities.
FIRST READING: August 1, 1988
SECOND READING:
Adopted by the Council of the City of Virginia Beach,
virginia on the day of -1 1988.
APPROVED AS TO CONTENT: APPROVED AS TO FORM:
Mary@ . Ustick, @r tor C4
@ty Attorn@y
Depart"nt of Housing and
Community Development
- 35 -
Item IV-G.10
CONSENT AGENDA ITEM # 29791
Upon motion by Councilman Balko, seconded by Vice Mayor Fentress, City Council
APPROVED upon FIRST RFADING:
Ordinance to APPROPRIATE $26,ooo into the Grants
Consolidated Fund for a water quality enhancement
program.
Voting: 10-0
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, Nancy K. Parker,
John L. Perry and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Harold Heischober
AN ORDINANCE TO "PROPRIATE $26,000 IN THE CR-ANTS CONSOLIDATED
FUND FOR A WATER QUALITY ENHANCEMENT PROGRAM
WHEREAS, the City of Virginia Beach in its it)Lerest to preserve and
protect the natural resources of the City has expressed a concern to improve
water q.ality in the City, and
WHEREAS, it would be advantageo,is to eval.ate Lhe effectiveness of the
various water quality improvement meastires Lilized in Llie area, and
WHEREAS, the Virginia Council on Lhe EnvirorimenL is offering grant
funds to develop such demonstration programs
WHEREAS, the City of Virginia has been awarded a grant of $20,000 from
the Virginia Council on the Environment which requires a $6,000 match from the
City, and
WHEREAS, there is sufficient funds within the General Fund Reserve for
Contingencies to provide the required city match.
NOW THEREFORE BE IT ORDATNED BY THE CITY COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA that $26,000 be appropriated into the Grants
Consolidated fund for the development of a water quality enhancernent
demonstration program, and
BE IT FURTHER ORDAINED that the estiinated revenues for the Grants
Consolidated Fund be increased by $20,000 as the amount of the Grant from the
Virginia Council on the Environment and by $6,000 to reflect a Lransfer from the
General Fund Reserve for Contingencies, and
BE IT FURTHER ORDAINED that Lhe CiLy Manager is authorized to enter
into appropriate contractual arrangements with the Virginia Council on the
Environment in support of a water quality control projeCL.
This ordinance shall be effective from the date of its adoption.
Adopted by the City Council of the City of Virginia Beach, Virginia the
day -of 1 1988.
First Reading: August 1, 1988
Second Reading:
- 36 -
Item IV-G.11
CONSENT AGENDA ITEM # 29792
Upon motion by Councilman Balko, seconded by Vice Mayor Fentress, Ci,ty Council
APPROVED upon FIRST READING:
Ordinance upon FIRST READING to ACCEPT $1 , 000 from
the National Organization on Disability and to
APPROPRIATE these funds to the Mayor's
Committee/Disabled Trust Fund.
Voting: 10-0
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, Nancy K. Parker,
John L. Perry and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Harold Heischober
AN ORDINANCE TO ACCEPT FUNDS
TOTALING $1,000 FROM THE
NATIONAL ORGANIZATION ON DISABILITY
AND TO APPROPRIATE THESE FUNDS
TO THE MAYOR'S COMMITTEE/DISABLED
TRUST FUND
WHEREAS, the Mayor's Committee For The Disabled is
responsible for developing and conducting educational programs
for helping the disabled and handicapped achieve fuller and
better lives physically, emotionally, intellectually, and
vocationally within the community, and
WHEREAS, the Mayor's Committee For The Disabled has obtained
a $1,000 donation from the National Organization On Disability
to help achieve these goals.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
That the City Manager is hereby authorized to accept this
$1,000 donation for the city, and funds are hereby appropriated
in the Mayor's ComMittee/Disabled Trust Fund for training,
printing, conferences and other purposes.
BE IT FURTHER ORDAINED that the appropriations will be
financed by the estimated revenue for the donation, with no local
match required.
Adopted by the Council of the City of Virginia Beach,
Virginia on the day of 1988.
First Reading: August 1, 1988
Second Reading:
- 37 -
Item IV-G.12
CONSENT AGENDA ITEM # 29793
Upon motion by Councilman Balko, seconded by Vice Mayor Fentress, City Council
ADOPTED:
Ordinance to TRANSFER $121,670 from Project #2-936
Ferrell Parkway, Phase IB, to Project #2-072
Birdneck Road and Southern Boulevard;
AND, APPROVED:
LOW BID to Rea Construction Company in the amount
of $523,814-10 for roadway improvements.
Voting: 10-0
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, Nancy K. Parker,
John L. Perry and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Harold Heischober
AN ORDINANCE TO TRANSFER FUNDS IN THE AMOUNT OF @121,670
TO PROJECT # 2-072 BIRDNECK ROAD AND SOUTHERN BOULEVARD
AND AUTHORIZE THE AWARD OF A CONSTRUCTION CONTRACT
IN THE AMOUNT OF $523,814.10 TO THE Low BIDDER
REA CONSTRUCTION COMPANY FOR ROADWAY IMPROVEMENTS
WHEREAS, the City of Virginia Beach desires to improve the City's
transportation system through the construction and maintenance of highways and
arterials throughout the City, and
WHEREAS, five bids were received for the construction of intersection
improvements at Birdneck Road and Southern Boulevard project # 2-072, and
WHEREAS, the low bid for construction was submitted by Rea Construction
Company in the amount of $523,814.10, and
WHEREAS, total project costs are $830,870 and funding appropriated for this
project is $709,200, and
WHEREAS, additional funding in the amount of $121,670 is necessary to cover
the entire cost of construction for intersection improvements at Birdneck Road
and Southern Boulevard, and
WHEREAS, additional funding may be provided from the transfer of
appropriations from project # 2-936 Ferrell Parkway Phase IB with funds to be
replaced if necessary in a subsequent update of the CIP.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA that funds in the amount of $121,670 are hereby transferred from project
# 2-936 Ferrell Parkway Phase IB to project # 2-072 Birdneck Road and Southern
Boulevard, and
BE IT FURTHER ORDAINED that the City Manager is hereby authorized to award a
construction contract to Rea Construction Company in the amount of $523,814.10
for roadway improvements at Birdneck Road and Southern Boulevard.
This ordinance shall be effective from the date of its adoption.
Adopted by the Council of the City of Virginia Beach, Virginia on the
First day of August 1988.
!,,S T,'.) CONTENT
- 38 -
Item IV-G.13
CONSENT AGENDA ITEM # 29794
Upon motion by Councilman Balko, seconded by Vice Mayor Fentress City Council
APPROVED:
LOW BID to Asphalt Roads and Materials Company,
Inc. in the amount of $268,557.10 for 1988-1989
Bituminous Concrete and Profile Maintenance
Schedule - Contract I.
Voting: 10-0
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, Nancy K. Parker,
John L. Perry and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Harold Heischober
- 39 -
Item IV-G.14
CONSENT AGENDA ITEM # 29795
Upon motion by Councilman Balko, seconded by Vice Mayor Fentress, City Council
APPROVED:
LOW BID to Slurry Pavers, Inc. in the amount of
$121,934-40 for 1988-1989 Latex Modified Emulsion
Mix Overlay Schedule.
Voting: 10-0
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, Nancy K. Parker,
John L. Perry and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Harold Heischober
- 40 -
Item IV-G.15
CONSENT AGENDA ITEM # 29796
Upon motion by Councilwoman McClanan, seconded by Councilwoman Parker, City
Council DEFERRED until the City Council Meeting of August 15, 1988:
Utility Project for 51% Neighborhood Participation:
Brock's Bridge Sanitary Sewer $67,000
Voting: 10-0
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, Nancy K. Parker,
John L. Perry and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Harold Heischober
- 41 -
Item IV-G.16
CONSENT AGENDA ITEM # 29797
Upon motion by Councilman Balko, seconded by Vice Mayor Fentress, City Council
APPROVED:
CERTIFICATE OF PUBLIC CONVENIENCE AND NECFSSITI:
Bay Limousine, Ltd.
Voting: 10-0
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, Nancy K. Parker,
John L. Perry and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Harold Heischober
- 42 -
Item IV-G.17
CONSENT AGENDA ITEM # 29798
Upon motion by Councilman Balko, seconded by Vice Mayor Fentress, City Council
ADOPTED:
Ordinance authorizing Tax Refunds in the amount of
$6,856.21 upon application of certain persons and
upon certification of the City Treasurer for
Payment.
Voting: 10-0
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, Nancy K. Parker,
John L. Perry and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Harold Heischober
RM NO. C.A. 7 7/18/88 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 lnt. Total
Year of Tax Number tion No. Pal d
Walter &Mary Hodges 85 RE@1/2@ 42069-8 11/28/84 46.61
Walter &Mary Hodges 85 RE 2/2 42069-8 6/5/85 46.61
Walter &Mary Hodges 86 RE(1/2) 44453-7 12/3/85 48.94
Walter &Mary Hodges 86 RE(2/2) 44453-7 5/23/86 48.94
Walter &Mary Hodges 87 RE(1/2) 46683-3 11/28/86 53.94
Walter &Mary Hodges 87 RE(2/2) 46683-3 6/4/87 53.94
Clyde S & Blanche Phillips 88 RE(2/2) 85941-8 5/27/88 61.71
Total 360.69
This ordinance shall be effective from date of adopt'ion.
The i@6.4SStement(s) totaling
were approved by
the Council of the City of Vir@i9@,t 1988
,L
Beach on the-day of
Treasurer
Ap
Ruth Hodges Smith
City Clerk
ttorne
ORM NO. C.A. 7 7/13/88 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 I nt. Total
Year of Tax Number tion No. Paid
Nannie M Edwards 88 pp 53931-7 6/22/88 9.82
Rodney N & Carrie Catron 88 RE(1/2) 18238-1 6/5/88 60.65
Vernon T Myers 88 RE(1/2) 78268-8 6/5/88 64.99
Fairmount Park Freewill Bapt 88 RE(1/2) 32713-6 11/25/87 375.36
Thelma I Brannock 87 RE(1/2) 86169-2 7/28/87 27.33
Thelma I Brannock 87 RE(2/2) 86169-2 5/19/87 26.00
Thelma I Brannock 88 RE(1/2) 11540-9 12/4/87 28.50
Alexander & Lillian Harper 85 RE(1/2) 38838-6 5/21/85 38.02
Associates Financial Service 85 RE(2/2) 38838-6 9/10/86 38.58
Associates Financial Service 86 RE(1/2) 41045-8 9/10/86 66.47
Associates Financial Service 86 RE(2/2) 41045-8 9/10/86 63.49
Ray Ann Corp 88 RE(1/2) 89526-3 10/22/87 21.46
Alice A James 88 RE(2/2) 52792-8 6/5/88 21.92
Red Roof Inns Inc 88 RE(1/2) 89779-7 12/2/87 1,041.96
Wroton Partnership/Stafford 88 RE(2/2) 119873-7 6/5/88 58.32
Associates of South Bay Inc 88 RE(1/2) 3488-0 12/5/87 3,852.71
Investors Savings Bank 88 RE(2/2) 122162-1 6/1/88 45.70
Betty S Lusk 88 RE(1/2) 64561-2 12/5/87 219.25
Betty S Lusk 88 RE(2/2) 64561-2 6/3/88 219.25
Edwin S Schoen 88 RE(2/2) 96673-9 4/20/88 190.74
Brenda C Kipper N/A Pkno, 154408 5/6/88 25.00
Total 6,495.52
This ordinance shall be effective from date of adoption.
The ab.". abteent(s) totaling to pay
C -S
52
@6, 4 5,5 were approved by
the Council of the City of Virgini'a
I Aug-ust 1588
Beach on the-day of
Joh r .. rer
V
form:
Ruth Hodges Smith
City Clerk
it@f, 7 f7Z, Ile@
61@ty Attorney ' '
- 43 -
Item IV-G.18
CONSENT AGENDA ITEM # 29799
Upon motion by Councilman Balko, seconded by Vice Mayor Fentress, City Council
ADOPTED:
Ordinance authorizing License Refunds in the amount
of $4,081.71 upon application of certain persons
and upon certification of the Commissioner of the
Revenue.
Voting: 10-0
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, Nancy K. Parker,
John L. Perry and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Harold Heischober
FORM NO. C@A@ 8 REV@
AN ORDINANCE AUTHORIZING LICENSE REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF THE REVENUE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for license refunds, upon certification of the Commissioner of the
Revenue are hereby approved:
NAME License Date Base Penalty lnt. Total
Year Paid
Perros Enterprises
T/A Panchos
P. o. Box 207
Virginia Beach, VA 1985-86 Audit 182.97 182.97
Lorna ward
T/A LC Ward, CPA
1125 Amy Drive
virginia Beach, VA 23464 1984 Audit 16.50 16.50
Frank B. Whitman & D. R. Bowers
T/A Donna's Diner
636 Aragona Blvd.
vi-rgi-nia Beach, VA 23462 1987 Audit 120.00 120.00
Certified as to Payment:
Fto-bert P. Vaughan
Commissioner of the Revenue
A M:
7E;,
DaTe-6ims'on
ty Attorney
This ordinance shall be effective from date of
adoption.
The above abatement(s) totaling $319.47 were approved by the Council
1 August 88
of the City of Virginia Beach on the- day of '19 -
Ruth Hodges Smith
City Clerk
FOFIM NO C.@ @ REV 3,86
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 retunds, upon certification of the Commissioner of the
Revenue are hereby approved:
NAME License Date Base Penalty lnt. Total
Year Paid
.,nc)ck-A-Hom, Inc.
1534 H gbird Lane
Vi-rginia Beach, VA 23451 1986-87 Audit 49.10 49.10
Kenneth R. Kwedar
T/A Nemeth I<wedaLr, CPA
1253 White Brick Lane
Virginia Beach, vA 23456 1986-87 Audit 39.14 39.14
Nancy C. @ttley
T/A Ship Shore Supply
4532 Laskin StrLet
Norfolk, VA 23513 1985-87 Audit 83.90 83.90
Certified as to Payment:
Robert P. Vaughan
Commissioner of the Revenue
Approved as to fqrm:
@)YQ I
Di(le-Bims6n
Vcity Attorney
This ordinance shall be effective from date of
adoption.
The above abatement(s) totaling $172.14 were approved by the Council
of the City of Virginia Beach on the1day of Augut .19 8 9
Ruth Hodges Smith
City Clerk
FORM NO. C.A. 8 REV. WW
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
Diabetes & Nutrition Institute
1020 independence Blvd. #202
Virginia Beach, VA 23462 1987 Audit 103.08 103.08
Garfinkel & Becker, P.-@.
309 Lynnhaven Parkway
Virgi.nia Beach, VA 23452 1986-87 Audit 270.56 270.56
jobs for the Handicapped Inc.
T/A SAME
121-B Permsylvania Avenue
virginia Beach, vA 23462 1985-86 Audit 471.97 471.97
Certified as to Payment:
Robert P. Vaughan
Commissioner of the Revenue
Appr,oved as to tofqn:
ale bimsod @IZ4,,k
Attorney
This ordinance shall be effective from date of
adoption.
The above abatement(s) totaling $845.61 were approved by the Council
of the City of Virginia Beach on the 1 day of August _ '19 88
Ruth Hodges Smith
City Clerk
FORM NO, C@A. 8 REV. 3'ffi
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 lnt. Total
Year Paid
Ainparo Inc.
T/A SAME
112 Mntford Court, Apt. 202
Virginia Beach, VA 23452 1985-86 Audit 84.70 84.70
Autotrc>nic Systems, Inc.
T/A Fill-@fast
P o Box 69600
san Antonio, Texas 78220 1987 Audit 2,044.74 2,044.74
Chesapeake-Ainerican Yiarketing
T/A SAME
1813 Drylie @urt
Virginia Beach, \TA 23464 1986-87 Audit 250.26 250.26
Cenified as to Payment:
Robert P. Vaughan
Commissioner of the Revenue
Approved as to form:
DaT@Bimson 7
@city Attorney
This ordinance shall be effective from date of
adoption.
The above abatement(s) totaling $2,379.70 were approved by the Council
I AUguSt 88
of the City of Virginia Beach on the- day of 19 -
Ruth Hodges Smith
City Clerk
FOFI. NO. C.k 5 FIEV
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 retunds, upon certification of the Commissioner of the
Revenue are hereby approved:
NAME License Date Base Penalty Int. Total
Year Paid
city lbofing Co., Inc.
206 West 25th Stfeet
Norfolk, VA 23517 1986-87 Audit 70.50 70.50
Data Autc)n-ation Technology, Inc.
1020 @chero @ad
Virginia Beach, VA 23456 1986-87 Audit 154.26 154.26
Dr. c. w. Dewalt, Jr.
302 21st Street 140.03
Virginia @ch, VA 23451 1986-87 Audit 140.03
Certified as to Payment:
Wobert P. Vaughan
Commissioner of the e@venue
Al)l)roved as t
or,
a e@6imson
Attorney
This ordinance shall be effective from date of
adoption.
The above abatement(s) tbtaling $364.79 were approved by the Council
I August 88
of the City of Virginia Beach on the- day of '19 -
Ruth Hodges Smith
City Clerk
- 44 -
Item IV-I.l.
NEW BUSINESS ITEM # 29800
ADD-ON
The following, sponsored by Councilwoman McClanan, spoke with reference to the
BURROUGHS PROPERTY (Bert Dale) on SEABOARD ROAD in the AG-1 and AG- 2
Agricultural Zone (Development Plans for a 5-lot subdivision with septi,c
systems/rerouting of drainage fields).
Susan Zoby, 2997 Seaboard Road, Phone: 721-7237
Kay T. France, 2977 Seaboard Road, Phone: 721-5939
Memorandum dated July 26, 1988, from C. Oral Lambert, Jr., to Aubrey V. Watts,
Jr., is hereby made a part of the record.
Councilwoman McClanan distributed a proposed Resolution Directing the Planning
Commission to Consider and make its Recommendation to the City Council
concerning a proposed ordinance to require a Use Permit for the Construction of
Septic Tanks and/or Drain Fields for Septic Tanks in the AG-1 District and a
proposed Ordinance to Amend Section 401 (a) of the City Zoning Ordinance,
pertaining to Principal and Conditional Uses in the AG-1 and AG-2 Districts.
- 45 -
item IV-I.2.
NEW BUSINESS ITEM # 29801
ADD-ON
Councilman Moss referenced the impact the tremendously high density rezonings
of the past are having on the Kemspville community in meeting the recreational
and safety needs of the Citizens.
The following, sponsored by Councilman Moss, spoke with reference to the desire
to condemn a specific parcel in Rosemont Forest for a Recreational Park area
(location between Alvena Lane and Pleasant Valley Road, west to east and
between Longlac Road and Hasford Road running north to south.):
Michael Nixon, 1714 Nixon Lane, Phone: 467-6403
- 46 -
Item IV-I.3.
NEW BUSINESS ITEM # 29802
ADD-ON
Upon motion by Councilwoman McClanan, seconded by Councilman Baum, City Council
ADOPTED:
Resolution authorizing the City Manager to
implement Vehicle Policy/Self-Insurance Claims
Procedure for Constitutional Officers.
Voting: 10-0
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, Nancy K. Parker,
John L. Perry and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Harold Heischober
RpVEII AS TO FORM:
oa 12@
'@ORKEY
RESOLUTION
2
3
4 WHEREAS, City Council has reviewed the study of the
5 City Manager concerning the use of city vehicles by Constitu-
6 tional offices; and
7 WHEREAS, City Council has reviewed this report and the
8 recommendations of the City Manager;
9 NOW, THEREFORE, BE TT RESOLVED BY THE COUNCIL OF THE
10 CITY OF VIRGINIA BEACH, VIRGINIA:
11 1. That the Constitutional Offices be provided with a
12 copy of the July 27, 1988, report; and
13 2. That the City Manager is hereby authorized and
14 directed to implement the policy consisting of (a) Constitutional
15 office Vehicle Report; (b) Sheriff's Office Vehicle Report; and
16 (c) Self-Insurance Claims Procedure as set forth in the July 27,
17 1988, report as soon as possible.
18 Adopted by the Council of the City of Virginia Beach,
19 Virginia, on this First d,y c)f August _, 1988
20
21 JDB/cb
22 8/01/88
23 CA-2870
24 COPOLICY.res
- 47 -
Item IV-J.1.
RECESS INTO
M OUTIVE SESSION ITEM # 29803
In accordance with Section 2.1-344, Code of Virginia as amended, and upon
motion by Vice Mayor Fentress, seconded by Councilman Balko, City Council
RECESSED into EXECUTIVE SESSION in the Conference Room, City Hall Building, for
discussion of Personnel, Publicly Held Property, Public Funds Investment and
Legal Matters (4:25 P.M.)
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. PUBLIC FUNDS INVES@T: The investing of public funds where competition or
bargaining is involved, where if made public initially the financial
interest of the governmental unit would be adversely affected pursuant to
Section 2.1-344(a) (5)
4. 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.
Voting: 10-0
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, Nancy K. Parker,
John L. Perry and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Harold Heischober
- 48 -
Item IV-J.2.
RECESS INTO
E)CECUTIVE SESSION ITEM # 29804
In accordance with Section 2.1-344, Code of Virginia as amended, and upon
motion by Vice Mayor Fentress, seconded by Councilman Balko, City Council
REC@ED into EXECUTIVE SESSION at the PAVILION, 7:00 PM., Thursday, August 4,
1988, for discussion of Legal Matters (5:35 P.M.), after which to Adjourn.
1. LEGAL 14ATTERS: 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.
Voting: 10-0
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, Nancy K. Parker,
John L. Perry and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Harold Heischober