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Home My WebLink AboutJUNE 6, 1988 Cit "f 13@"@" "WORLD'S LARGEST RESORT CITY" CITY COUNCIL MAYOR ROBERT G. JONES, A, L.,g@ VICE A4AYOR MEYERA E. OBERNDORF, A, Llg, ALBERT W. BALKO, Ly..h-@@ B-,h JOHN A. BAUM, Bi-k.@- B-.gh ROBERT E FENTRESS. V@,gi@i@ &.h B-.gh HAROLD HEISCHOBER, A@ L.,g, BARBARA M. HENL.EY, P-@V @--gh REBA S. MCLANAN, P@-., A@@, @,h JOHN D. MOSS, K@.p@ill@ B-.gh NANCY K. PAPKER, A, L.,g, JOHN L PERRY, By@i& @-gh 281 CITY HALL BUILDING NfUNICIPAL CENTER AU@ V. WAM, JR, Cft, M.- CITY COUNCIL AGENDA VIRGINIA BEACH, VIRGINIA 23456-1/202 J. D@ N@N, Ci@ A@ (804) 427-4303 @@H HO@@ W@H. @Cl@, -@ C- June 6, 1988 ITIM I. CITY MANPGERIS BRIEFINGS conference Room - 10:30 AM A. CITY ZONING ORDINANCE Robert J. SCott, Director of Planning B. PEMBROKE AREA ANALYSIS C. Oral Lambert, Jr., I)irector of Public Works C. WHITE FARM PROPOSAL Tndustrial Development Authority ITIM II. COUNCIL CONFERENCE SESSION - Conference Room - 12:30 PM A. CITY COUNCIL CONCERNS ITEM III. INFCRMAL SESSION - Conference Room - 1:00 PM A. CALL TO ORDER - Mayor Robert G. Jones B. ROLL CALL OF COUNCIL C. RECESS TO EXECURIVE SESSION ITEM IV. FCRMAL SESSION - Comcil Chamber - 2:00 PM A. INVOCATION: Rabbi David Abrams Ttmple Snanuel Synagogue B. PLEDGE OF ALLEGIANCE TO THE FIAG OF THE UNITED STATES OP AMERICA C. ELECTRONIC ROLL CALL OF CITY COUNCIL D. ADOPTION OF ITEKS FOR THE FORMAL AGENDA E. MINUTES 1. INFORMAL & FORMAL SESSIONS - May 23, 1988 F. PROCLAMATION 1. HURRICANE AWARENESS WEEK June 6-12, 1988 G. CITY MAWAGERIS REPORT 1. SOUTHEASTERN EXPRESSWAY - Virginia Department of @ansportation H. PUBLIC HEARING 1. FY 1988-1989 OPERATING BUDGET INCRF.ASES for SCHOOLS, CONTRACTUAL SERVICES and MENTAL HEALTH/MENTAL RETARDATION SERVICES I. RESOLUTIONS 1. Resolution endorsing the concerns of the City of Virginia Beach regarding the Noise Abatement Policy as proposed by the Virginia Departnent of Transportation which would establish statewide criteria for providing noise abatement on all proposed highway projects in the Commonwealth. 2. Resolution requesting the Virginia Department of '&ansportation to program the study, design and construction of the improvement of an additional interchange on I-64 with the extension of Centerville Turnpike between the western city limit and Indian River Road. 3. Resolution directing the City Manaqer to enter into an agreement for a comprehensive transportation and land use analysis of the Pembroke Area with EtederiC R. Harris, Inc. not to exceed $147,723. J. ORDINA.NCES 1. Ordinance to authorize Acquisition of property in Fee Simple for right-of-way for Holland Road/Princess Anne Road; and, the Acquisition of Thmporary and Permanent Easements of right-of-way, either by Agreement or Condemnation. 2. ordinance to TRANSFER $2,500,000 from Project #2-962 Pungo Ferry Road Bridge to Project #3-965 Municipal Center Expansion Site Acquisition to allow for the purchase of additional property and to authorize the City Manager to enter into a contract for the acquisition. 3. Ordinance to set salaries of Council members at $18,000 per annum and $20,000 per annum for the Mayor, respectively, and to TRANSFER $35,478 from FY 1988-1989 General Fund Reserve for Contingericies to the municipal Oc)uncil Budget to provide for these salary increases. 4. Ordinance to TRANSFER $155,000 from various sources in the Fiscal Year 1987-1988 Operating Budget to the operating budget of the Office of Environmental Management for a feasibility study on the use of Ticansfer of Development Rights. K. CONSENT AGENDA All matters listed under the Consent Agenda are considered in the ordinary course of business by City Council and will be enacted bY one motion in the form listed. If an item is removed from the Consent Agenda, it will be discussed and voted upon separately. 1. ordinance to AMEND and REORDAIN Section 5-31 of the Code of the City of Virginia Beach, Virginia, to include the area of Pine Ridge as a bird sanctuary. 2. Ordinance to authorize the Acquisition of real property, easements, temporary construction easements, in Fee Simple, for Shipps Corner Road Water Main CIP 5-622 by Agreement or by Condemnation. 3. ORDINANCES UPON FIRST READING for the City of Virginia Beach School Programs to be funded in FY 1988-1989: a. APPROPRIATE $8,581,907 for Special Categorical Grants. b. APPROPRIATE $2,009,358 for School @xtbook Rental Ftind. c. APPROPRIATE $307,650 for School Athletic @terprise Fund. d. APPROPRIATE $10,282,582 for School Cafeteria Fnterprise Fund. 4. Ordinance upon FIRST READING to APPROPRIATE $221,587 for increased correctional operation expenditures. 5. Ordinance upon FIRST READING to APPROPRIATE $175,000 for Project #3-933 Landfill #2 in the Fy 1987-1992 Capital Improvement Program for the construction of a pump station. 6. Ordinance upon FIRST READING to ACCEPT and APPROPRIATE $50,000 as a grant from the Wareheim Fouridation to be utilized for the operation of a two-year Court Appointed Special Advocate Program. 7. CHARGING-OFF DELINQUENT ACCOUNTS: a. Resolution to Charge-Off $165,251.88 of accounts receivable as uncollectible. b. Ordinance to TRANSFER $60,000 from unobligated 1987-1988 appropriations to charge-off the returnable Grant to Virginia Beach Festivals, Inc. 8. Ordinance to TRANSFER $13,320 within the FY 1987-1988 Operating Budget of the Library Deparbnent for the purchase of data radio communication equipment for the Boo)=obile. 9. ordinance to TRANSFER $87,000 within the FY 1987-1988 Operating Budget for increased Detention and Group Home expenditures. 1 0. Resolution to ACCEPT $20,000 from the Commonwealth of Virginia Public Beach Board for support of sand replenishment and erosion control activities for the public beach in the resort area of the City of Virginia Beach. 11. Utility Projects for 51% Neighborhood Participation; Bells/Credle Road Sanitary Sewer $ 41 0, 000 Lynnhaven Acres Water $400,000 12. LOW BID to Precon Construction Company in the amount of $123,945.66 for water and sewer service along liewtown Road and Hawkins Lane. 13. LCK BID to A & W Contractors, Inc. in the amount of $491,906.26 for water service in the Larkspur area (Contract T). 14. CERTIFICATES OF PUBLIC CONVFNIENCE AND NBCESSITY: a. Diamond Cab Company b. Grand Lirnousine, Inc. 15. Ordinance authorizing tax refunds in the amount of $2,173.43. L. UNFINISHED BUSINESS 1. ABSTRACT OF VOTES - General Election of May 10, 1988 M. NEW BUSINESS N. ADJOURNt4ENT SPECIAL SESSION 12: NOON JULY 1, 1988 14AYOR AND CITY COUNCIL OATHS OF OFFICE ELBCTION OF THE VICE 14AYOR RESCHEDULED SESSION JULY 4, 1988 (city Holiday) TO JULY 5, 1988 CITY COUNCIL RECESS JULY 18 - 31, 1988 M I N U T E S VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia June 6, 1988 The CITY MANAGER'S BRIEFINGS of the VIRGINIA BEACH CITY COUNCIL were called to order by Mayor Robert G. Jones in the Conference Room, City Hall Building, on Monday, June 6, 1988, at 10:30 A.M. Council Members Present: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, John D. Moss, Vice Mayor Meyera E. Oberndorf, Reba S. McClanan, Nancy K. Parker and John L. Perry Council Members Absent: None - 2 - C I T Y M A N A G E R IS B R I E F I N G S CITY ZONING ORDINANCE 10:30 A.M. ITEM # 29474 The City Manager introduced Robert J. Scott, Director of Planning, who reiterated and distributed various information relative the City Zoning Ordinance. Councilman Fentress referenced information relative parking from the National Association of Industrial and Office Parks. Robert Scott indicated he had not had an opportunity to review same. Robert Scott referenced Ordinances related to shopping center parking: EXHIBIT 1: An Ordinance to Amend and Reordain Article 2, Section 203 (a) (38) of the City Zoning Pertaining to Shopping Center Parking. This includes the noti.on of setti,ng the second threshold as City Council has mentioned. The Second Ordinance, EXHIBIT 2: A proposed Amendment to Section 5A.4(a) of the Site plan ordinance pertaining to interior coverage requirements of the Parking Lot landscaping requirements follows up on a suggestion for adjustment on landscaping requirements. This second Ordinance should require forwarding to the Planning Commission as this is a brand new i,ssue that has not been discussed. In response to Councilwoman Parker's i,nquiries, Robert Scott advised he could visualize possible inadequacies contained therein. There needs to be a second section introduced into it, as well. The percentage should not be the same for the two cases that the ordinance preceding it sets out. @lhen said Ordinances are finally ADOPTED, City Council must be assured that the two Ordinances coincide with one another. Councilwoman Parker wished the two ordinances "piggy-backed" together. Councilwoman Parker advised as the reduction increases with the size of the shopping center, could that percentage increase the amount of greenspace and make that adjustment. Robert Scott advised to please regard the Ordinance as projecting a general idea. Assistant City Attorney Fentress has alerted the staff that these Ordinances need to comply more with legal form. Robert Scott referenced EXHIBITS 3, 4 and 5: Ordinances to Amend and Reordain Article 7, Article 9, and 10 of the City Zoning Ordinance pertaining to Height Regulations in Hotel Districts, Business Districts and Industrial Districts. These have been thoroughly discussed in the past and the issue appears to be what the height regulati,on will be when these districts abut residential or apartment districts. The general feeling appears to be the height regulation should be more limiting in those circumstances than it would be generally. These drafted Ordinances appear to achieve this objective. Without an intervening street of over twenty-five (25) feet, the first one hundred (100) feet of those various districts must have the same height restrictions as in the adjoining district. This will provide a legitimate transition as to height. Councilwoman Henley inquired if the "body of water" section needed to be eliminated. Councilwoman Henley believed this was to assist in a few instances where there was something, i.e., a creek, which might prove to be a suitable buffer. Councilwoman Henley believed this phrase might be beneficial. Robert Scott advised if the City Council is going to work with a figure for bodies of water, the Ci,ty might wish to utili,ze the figure of fifty (50) feet. Robert Scott further referenced EXHIBIT 6 and 7: Ordinances pertaining to the RT-2 and RT-3 Districts. These Ordinances would state where the additional densi,ty is provided that the additional height necessary to make use of that density would also be provided in excess of one hundred (100) feet. Thi,s portion is identical to the old OZO. - 3 - C I T Y M A N A G E R IS B R I E P I N G CITY ZONING ORDINANCE 10:30 A.M. ITEM # 29474 (Continued) Councilwoman Parker referenced the Time Magazine February Twenty-ninth, article relative the new towers along Broad Street and Seventh Avenue in New York City are deep below set back. Only the first fifty to sixty feet can be built out on the sidewalk. The rest must be set back at least fifty feet. The idea is to preserve a sense of "openest". The area along Atlantic Avenue is narrower than Broadway and Seventh Street. Councilwoman Parker expressed concern relative the possibility of a "sheer wall" resulting on Atlantic Avenue. The City must have some kind of setback to give that illusion of "open". Robert Scott referenced EXHIBIT 8, Ordinance to Amend and Reordain Sections 4-1(m) of the Subdivisi,on Ordinance pertaining to Design Standards for Residential Streets. This particular version was drafted after the most recent discussion by City Counci,l. This relates to width of streets in subdivi,sions. The question was should there be required wider paved streets in certain subdivisions and what should that width be and under what circumstances should it be required. The Staff believed this should be done in the neighborhoods that are more dense or where the lot sizes are smaller and not on every street which would be counter productive. Councilwoman Henley believed the City Counci,l was referring to those streets where there is going to be on-site parking, then the street width needs to be wider. Councilman Moss reiterated the public safety factor, the street width should not just be determined by number of houses but can a vehicle drive down through said street when there is parking on both sides of the street. Robert Scott then advised the City needs to make the street width 36 feet for every street in the City. John Herzke referenced the criteri,a for off-street parking. Off-street parking is allowed basically in all subdivision streets until a problem develops. John Herzke advised the City Staff supports the concept for the higher density areas of looking at a wider street of 36 feet then parki,ng on both sides can still be accomplished. In lighter density areas, there is no need to widen the streets. As per Councilman Perry's inquiry, the older developments are reviewed on a case-by-case basis. Councilman Baum referenced an older section of the City of Portsmouth. Areas were landscaped so it was quite obvious that one could not park too close to the corner. In the City's Municipal Complex, cars are parked too close to the corner and this affects visibility BY CONSENSUS, Section (b) and (c) would be amended. Section (b) to read: "Serving residential lots of 10,000 square feet or more. Minimum R/W Width - 50 feet. Minimum Paved Width - 30 feet". Section (c) to read: "Serving lots of less than 10,000 square feet. Minimum R/W Width - 60 feet. Minimum Paved Width - 30 feet. Councilman Baum requested the definition of a Residential Street. Robert Scott advised a Residential Street is a street where the zoning would allow residential uses. Robert Scott believed this definition would apply to Muddy Creek Road. Councilwoman Henley advised in rural areas, the lots are not going to be less than 10,000 square feet. These areas need to be investigated. This problem would involve the CIP and not the Subdivision Ordinance. Mayor-Elect Oberndorf referenced concerns expressed by the extension of the implementation of the new GZO for 60 days to attempt to alleviate i,ndividual homeowners who were already in the process of constructing their homes. Some individuals have wished the CZO held off for six months. Robert Scott advised 60 days was adequate. At some point, with the adoption of this Ordinance, the City must say it is in effect. - 4 - C I T Y M A N A G E R IS B R I E F I N G CITY ZONING ORDINANCE 10:30 A.M. ITEM # 29474 (Continued) Mayor Jones referenced EXHIBIT 9 and 10: Ordinance to Amend and Reordain Article 2, Section 200 (c), (d) and (e) of the City Zoni,ng Ordinance pertaining to lots and Ordinance to Amend and Reordain Article 2, Section 253(f) of the City Zoning Ordi,nance pertaining to Open Space Promotion requirements. Robert Scott advised these three sections were omitted from the printing of the CZO. Robert Scott referenced EXHIBIT 11: an Ordinance to Amend and Reordain Article 10, Section 1001(a) of the City Zoning Ordinance pertaining to use regulations in industrial districts. This Ordinance is necessary in order to restore regulations to this district to the way they were being administered prior to April 18, 1988. Automobile repair establishments dealing exclusively in minor repairs of the type provided at automobile service stations has been added. This is recommended for referral back to the Planning Commission. EXHIBIT 12 - An Ordinance to Amend set-back requirements for lots which abut major streets. The text of amendment has not been finalized. This should be referred back to the Planning Commission. Councilman Baum advised Princess Anne Road and Blackwater Road in the rural areas should have greater setbacks. Councilman Moss advised the City Council will need to go back and, where they have the opportunity, mainly in the southern part of the City, modify the Master Street and Highway Plan to increase the right-of-way requirements. Otherwise the City is not going to have the land to work with to respond to the issue of noise abatement. EXHTBIT 13 - An Ordinance to Amend set-back requirements in the RT-2 and RT-3 DAstricts as set forth respectively, in sections 1512 and 1522 of the City Zoning Ordinance. The text of the amendment has not been finalized. It has been suggested thi.s be referred back to the Planning Commission and they do the investigation. Councilman Fentress referenced the responsibility of maintenance of open space. The City Manager wi,ll arrange a BRIEFING relative same. Councilwoman McClanan requested the concept be addressed relative every piece of open space not be cleared or utilized as a recreation area but remain treed as a visual amenity. Councilman Perry advised Mrs. Vance, a resident in Thoroughgood, owns a beautiful piece of property behind the Thoroughgood House. She is old and unable to care for the grass herself as she is on a $500 month soci.al security. She wishes to will the property to the City and thus have the City maintain this property. Councilwoman Henley referenced the Resolutions referring the Proposed Amendments to Section 1405 of the City Zoning Ordinance of the Code of the City of Virginia Beach, Virginia, on a Public Hearing Procedure or permit application before the Wetlands Board and Section 1618 of the City Zoning Ordinance pertaining to exceptions from the Coastal Sand Dune Zoning Ordinance to the Planning Commission. Resolutions directing the Planning Commissi,on to consider and make recommendations to the City Council concerning proposed amendments to the City Zoning Ordinance, the Subdivision Ordinance and the Site Plan Ordinance wi,ll be SCHEDULED for the City Council Agenda of June 13, 1988. This encompasses EXHIBIT 2, EXHIBIT 8 (as further amended.), FMIIBIT 11, EXHIBIT 12 AND 13. Action relative EXHIBIT 1 shall be deferred until such time as EXHIBIT 2 is forwarded from the Planning Commission. The Planning Commission is requested to forward recommendations to City Council within 60 days during the month of August. - 5 - C I T Y M A N A G E R Is B R I E F I N G CITY ZONING ORDINANCE 10:30 A.M. ITEiM # 29474 (Continued) Councilman Fentress referenced the issue of one parking space per 250 square feet of space as opposed to one parking space per 300 square feet of gross space. If there should be a future change this must be referred to the Planning Commission for their recommendation. Councilman Fentress believed the Staff should relate their interpretation. EXHIBITS 3 (as further amended), 4, 5, 6 (as further amended), 7 (as further amended), 9 and 10 wiil be SCHEDULED for the City Council Agenda of June 13, 1988. - 6 - C I T Y M A N A G E R IS B R I E P I N G S PEMBROKE AREA ANALYSIS 12:00 NOON ITEM # 29475 C. Oral Lambert, DArector of Public Works, advised on March 28, 1988, a PRESENTATION was made to the City Council concerning the need for a Comprehensive Study of Transportation Conditions in the Pembroke area of the City. The City staff has interviewed engineering firms with expertise in Transportation and Land Use Planning and recommends that the firm of Frederic R. Harris be retained to conduct this study. The negotiated fee will not exceed $147,723.00 and will be charged to the Constitution Drive Project. C. Oral Lambert reiterated the eight (8) tasks involved: REVIEW PREVIOUS STUDIES FOR THIS AREA: (1) Planing Department Report from May 1982. (2) SVPDC Pembroke Transportation Study of May 1983. (3) Light Rail Studies by TRT (4) Study which is underway by EDAW. (5) Harland-Bartholoinew Study of Master Street & Highway Plan. DATA COLLECTION: (1) Review historical traffic count data. (2) Review current traffic count data. (3) Perform updated and new traffic counts at all intersections within the study area. (4) Perform a comprehensive origin-destination study for the entire study area. REVIEW LAND USE: (1) Examine current zoning (2) Examine current land utilization within the present zoning. (3) Evaluation of potential zoning variations and the associated impacts. REVIEW CRITICAL ISSUES WITHIN AND ADJACENT TO THE STUDY AREA: (1) Independence Boulevard north of Jeanne Street and its ability to handle future traffic demands. (2) Configuration of Constitution Drive north of Virginia Beach Boulevard, and the relationship of Pembroke Manor and this facili,ty. (3) Design configurati.on of Jeanne Street, Constitution Dri.ve and Independence Boulevard. (4) Relationship of Euclid Area and Pocohontas Village to the CBD. (5) Implications of types and levels of development in Pembroke area. (6) What is the best long-term i,ntersection design for Columbus Loop and Independence Boulevard? (7) What are impacts and relationship of light rail for this area? (8) What are implications of design of Independence Boulevard Phase III; can further improvements be accomplished in the future? - 7 - C I T Y M A N A G E R I S B R T E F I N G S PEMBROKE AREA ANALYSIS 12:00 NOON TTEM # 29475 (Continued) (9) What will be the future role of Bonney Road and how should the i,ntersection with Constitution Drive and Bonney Road be accomplished? (10) How can the dual responsibilities (thru traffic or local traffic) of this corridor be best handled in relation to desi,gn of Independence Boulevard and Constitution Drive? (11) Do we need to consider additional routes besi,des Independence Boulevard and Constitution Drive through this area? (12) What measures are needed for pedestrian activity in the Pembroke area?. (13) @lhat transit solutions are available for this area? (14) How will development of the Baxter Road/Bonney Road area affect this area? (15) What is the best way to handle traffic at the southern end of this area (i.e., Edwin Drive/Constitution Drive/Independence Boulevard relationship? (16) Environmental i,mpacts of development and improvements. IDENTIFICATION AND ANALYSIS OF ALTERNATIVES: (1) Provide corridor analysis based on 2010 design year. (2) Assess major intersection improvement requirements. (3) Utilizing items A through D previously outlined, determine best transportati,on through and within the area. (4) Assessment of all direct and indirect costs associ,ated with improvements for the area. (5) Estimation of benefits as a result of improvements to the area. WORKSHOPS, PUBLIC MEETINGS AND PUBLIC HEARINGS: (1) Two meetings in the form of workshops will be held to solicit input. These will be along the lines of the workshops now being done by the Central Business District Associ,ation (2) One or two formal public hearings will be held to review the preferred design alternatives PRELIMINARY DESIGN: (1) Upon selection of preferred improvement solutions, preliminary design concepts will be developed. (2) Right of way needs, roadway geometrics, mitigation measures, preliminary structure design and cost estimates wi,ll be prepared. (3) Preliminary design will be established so that final design efforts could begin immediately. - 8 - C I T Y M A N A G E R Is B R I E F I N G S PEMBROKE ARFA ANALYSIS 12:00 NOON ITEM # 29475 (Continued) EXPECTDD PRODUCT: (1) An analysis will be provided in a document that can be used as a master plan for development of the CBD. (2) The report will include sufficient information in the way of design alternatives, solutions, and costs so that schedules can be planned. (3) Alternati,ve funding mechanisms will be provided for the various design consi,derations. (4) The final product will be formatted for future updates that will be needed for future development. Tt is anticipated updates will be needed in five year increments for this critical CBD area. This comprehensive analysis will be established such that those updates could be accomplished on a moderate basis requiring about one-quarter to one-third of the effort of this evaluation. John Herzke, Traffic Engineer, and Fred Burchette, Assistant Traffic Engineer, were in attendance to respond to City Council inquries. - 9 - C I T Y M A N A G E R I S B R I E F I N G S WHITE FARM PROPOSAL 12:25 P.M- ITEM # 29476 James DeBellis, Director of Economic Development, presented the White Farm Proposal. This will be an upscale mixed use development, an Industrial Park which will have various uses allowing the Industrial Development Authority and the City to take best advantage of the marketplace. Proposed AGREEMENT between the Development Authority and the City was distributed to City Counci,l and is hereby made a part of the record. Councilman Balko referenced Page 7: The maximum building height for MEDIUM DENSITY OFFICE USE AND MIXED OFFICE USE. "Not to exceed a height equal to twice the distance form the building to the vertical projection of the center line of the nearest public street". Bill Brooks, Engineer with Langley and McDonald, advised this height restriction came directly from the new City Zoning Ordinance governing building heights in the I-1 Zoning Category. Bill Brooks does not visualize anything located here being ten or fifteen stories in height. In response to Councilwoman Henley's concern, Assistant City Attorney Kevin Cosgrove referenced the USES stated on page 6: 1 - Automobile service stations in connection with other permitted uses. 2 - Automotive rental, parts and supply stores in connection with other permitted uses. 4 - Car wash facilities in connection with other permitted uses. It was the Developnent Authority's intention to offer these uses in conjunction with other allowed uses. Assistant City Attorney Kevin Cosgrove advised Councilman Moss, it is the intention of the Development Authority that the Research and Development District will be north of Dam Neck Road. A meets and bounds description can not be put to record as the Dam Neck Road and Estates Drive have not been platted. James Debellis advised Councilman Moss in the classification of uses it was the assumption that in the number one classification: Business, medical, financial, nonprofit, professional and similar office building, within this category Research and Development Offices would be contai.ned; however, High Tech could be specified and defined. Councilwoman McClanan advised she had expected a much higher quality document as the City is duty bound to all the resi,dential districts along General Booth Boulevard. Councilwoman McClanan desired specifics relative Guidelines established for a Board of Review, as well as the controls to be exercised by the City. Councilwoman McClanan further advised The Development Authority is stating Estates Dri,ve will address all of the density that is proposed in this development. Larry Barry advised the legal proffers are far in excess of Oceana West Industrial Park. A rough draft document was presented to City Council earlier relative design criteria. Development will be controlled, but if same is contained in the documents, City Staff must review all elements everytime a project is developed inside the Industrial Park. Larry Barry advised the design criteria i,s a timely document and is not together at this point of time. Larry Barry advised the compilation of the design criteria would take approximately two or three months. Councilwoman Henley suggested before any development occurs within this Industrial Park, City Council receive the design criteria for approval. Street Lighting, Board of Review, Landscaping, Signs, Security, Traffic Concerns, Maintenance of Common Areas and Noise Abatement have been requested to be included in this design criteria. The City Manager requested the City Council advise further items for inclusion. A revised set of proffers will be distributed to City Council in their Agenda Package of June 13, 1988. - 10 - ITEM 4 29477 CITY COUNCIL CONCERNS of the VIRGINIA BEACH CITY COUNCIL was called to order by Mayor Robert G. Jones in the Conferenc-- Room, City Hall Building, on Monday, June 6, 1988 at 1:05 P-M- Council Members Present: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Absent: None - 11 - C I T Y C 0 U N C I L C 0 N C E R N S TTEM 29478 Councilman Balko referenced the letter from Bessie Kellam. ITEM 29479 Councilman Balko advised as Mayor-Elect Oberndorf, Councilwoman McClanan and Councilman Baum are Members of SOUTHEASTERN PUBLIC SERVICE AUTHORITY, he was most pleased the City will be actively invoived in recycling. IT@i # 29480 Councilman Balko referenced an Ordinance to TRANSFER $13,320 withi.n the FY 1987-1988 Operating Budget of the Library Department for the purchase of data radio communication equipment for the Bookmobile. (See Item IV-K.8 of the CONSENT AGENDA.) Councilman Balko indicated his concern of a 100-foot antenna on the Public Safety Building which would disrupt the aesthetic beauty of the structures in the Municipal Complexes. The City Manager will review same and advised perhaps the water tank could be substituted for the construction of the antenna. ITEM # 29481 Councilman Fentress referenced his vacation to Myrtle Beach. Councilman Fentress distributed a photograph of the signs at @lyrtle Beach to i,ndicate the comparison to Virginia Beach. Councilman Fentress distributed a newspaper cartoon entitled: "Attention, Myrtle Beach has just been designated the "tackyll capital of the East Coast. Do not panic." The other article related to the fact the newspapers are sui,ng the Chamber of Commerce. ITEM # 29482 Councilwoman Parker referenced a phone conversation from Ms. Tate. relative the payment of personal property tax on automobiles. Councilman Heischober advised he had discussed same with Mrs. Tate and she was under the impression anyone who owns a car on January First pays by June Fifth. She was under the impression that she paid because she bought the car on January Fifteenth that she paid in advance and no one else does. Councilman Heischober explained the situation and she seemed to understand. TTIN # 29483 Councilwoman Parker referenc6d her conservation with Mr. Banks of the Council of Civic Organizations. Mr. Banks referenced an Ordinance to Amend and Reordain the Code of the City of Virginia Beach, Virginia, by adding Section 16-10.1, pertaining to Certificates of Occupancy for Certain Dwellings. If the City Council wishes, a subcommittee would be willi,ng to investigate this Housing Permit issue and possi,bly arrive at a solution. Mayor Jones believed this to be a good idea and would render assistance in replying to concerns of the residents. - 12 - C I T Y C 0 U N C I L C 0 N C E R N S ITFM # 29484 Councilman Perry referenced the application of Paul S. and Bonnie J. Arthur for a Variance to Section 4.1(d) of the Subdivision Ordinance, which gives authority to the Planning Department to require measures to protect the integrity of existin@ and planned major arterials, on property located at 1846 Salem Road (Kempsvil7le Borough) with the condition of no access (ingress and egress) from Salem Road to Lots 31 and 33 and applicant will bear the expense of closing interior curb cut. This application was approved by Ci,ty Council on May 23, 1988. Councilman Perry referenced the expense to be borne by the applicant for closing the driveway. The Mayor advised this must be reviewed by City Sta@lf. Councilman Moss said he will speak to Paul S. and Bonnie J. Arthur. ITEM # 29485 Councilman Moss referenced the Resolution requesti,ng the Virginia Department of Transportation to program the study, design and construction of the improvement of an additional interchange on I-64 with the extension of Centerville Turnpike between the western city limit and Indian River Road. (See Item IV-I.2 under RESOLUTIONS.) Councilman Moss distributed for informational purposes an alternative resoluti,on. Councilman Moss believed the resolution contained in the Agenda to be too financially committing. ITEM # 29486 Councilman Moss further referenced discussions at the City Council Meeting of May 23, 1988, relative noise abatement and the City Staff secure infomation relati,ve what other localities are establishing as an economic threshold for noise abatement. ITEM # 29487 Mayor-Elect Oberndorf mentioned the NATIONAL LEAGUE OF CITIES POLICY COMMITTEE on Energy, Environment and Natural Resources met in Oak Ridge, Tennessee. In the newspaper the "Oak Ridger", the Policy Committee made the "front page". The Head Environmental Writer for said newspaper was a brilliant young woman who asked most astute questions. The solution to waste management is not all goi,ng to be recycling, nor mass burn and it is obviously not going to be land fill because the government is becoming more and more stringent even in the depositing of ash. Oak Ridge was born out of necessity with the Manhattan Project in 1942. Nuclear waste was pitched in the ditches and streams. In 1984 with the Karen Silkwood and Union Carbide scandal, a lot of energy was focused by the Department of Energy with polluting ground water and soil. The Poli,cy Committee toured the large incinerator at Oak Ridge for mass burn of PCP's and nuclear waste. The Policy Committee was also addressed by a number of PHD'S, engineers, physicists and microbiologists. Mayor-Elect Oberndorf displayed a piece of glassifi,ed soil. In the misuse with part liquid and part solid, the ground physically fused so hot that glass was created. Pilot projects are being set up on land and water spoilage, the packagi.ng and housing of hazardous and nuclear waste and working on a solution. In Oak Ridge, one of the rules formulated involved if you make it, you have to know how to dispose of same. The Policy Commi,ttee acknowledged that solid waste would have to be handled with a number of issues but they are going to ask that the admi,ni,stration request the private sector, manufacturing retail, be asked to identify and remove from the waste stream packaging and products which are toxic and not recyclable or biodegradable - 13 - C I T Y C 0 U N C I L C 0 N C E R N S ITF111 # 29487 (Conti,nued) A Member of the Policy Committee from Connecticut had a reti,red marine who was their enforcer relative recycling. He works part time (twenty (20) hours a week) and notifies individuals garbage will not be pi,cked up because of certain violations. It will cost the public approximately $3-BILLTON to attempt to clean up the soil/water at Oak Ridge. - 14 - ITEM # 29488 The INFOR14AL SESSION of the VIRGINIA BEACH CITY COUNCIL was called to order by @layor Robert G. Jones in the Conference Room, City Hall Building, on Monday, June 6, 1988, at 1:26 P.M. Voting: 11-0 Council Members Voting Aye; Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent: None - 1 5 - ITEM # 29489 Mayor Robert G. Jones entertained a moti.on 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 enployees. 2. PUBLICLY HELD PROPERTY: Discussi,on or consideration of the condition, acquisition or use of real property for publi,c 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. 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: I.6. Upon motion by Councilman Moss, seconded by Councilman Balko, City Council voted to proceed into EXECUTIVE SESSION. Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent: None - 16 - F 0 R M A L S E S S I 0 N VIRGINIA BEACH GTTY COUNCTL June 6, 1988 2:10 P.M. Mayor Robert G. Jones called to order the FORMAL SESSION of the VIRGINIA BYACH CITY COUNCIL in the Council Chambers, City Hall Building, on Monday, June 6, 1988, at 2:10 P.M. Council Members Present: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor @leyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Absent: None INVOCATION: Rabbi, David Abrams Temple Emanuel Synagogue PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA - 17 - ADOPTION OF ITEMS Item IV-D.l. ITF14 # 29490 Councilman Balko referenced an Ordinance to TRANSFER $13,320 within the FY 1987-1988 Operating Budget of the Library Department for the purchase of data radio communication equipment for the Bookmobile. (See Item IV-K.1 of the CONSENT AGENDA). The City Manager advised there will be a fifty-foot antenna on top of the Public Safety Building giving it the necessary height requirements to comply with the communication needs. This is lower than some of the present towers located there. Item IV-D.2. ITEM # 29491 The City Clerk referenced a Resolution requesting the Virginia Department of Transportation to program the study, design and construction of the improvement of an additional interchange on I-64 with the extension of Centerville Turnpike between the western city limit and Indian River Road. (See Item IV-I.2 of Resolutions.) Councilman Moss will present a Revised Resolution. BY CONSENSUS, with the exception of Councilwoman McClanan's VERBAL NAY Vote, City Council ADOPTED the ITEMS FOR THE FORMAL AGENDA. Councilwoman McClanan requested at each City Council Meeting, her vote on this particular item be recorded as a VERBAL NAY. - 18 - Item IV-E.1 MINUTES ITEM 141 29492 Upon motion by Councilwoman Parker, seconded by Councilman Balko, City Council APPROVED the MINUTES of the INFORMAL & FORMAL SESSIONS of May 23, 1988. Voting: 10-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Counci,l Members Abstaining: Vice Mayor Meyera E. Oberndorf Council Members Absent: None *Vice Mayor Oberndorf ABSTAINED as she was ill and not in attendance during the City Council Meeting of May 23, 1988. - 19 - Item IV-F.l. PROCLA14ATION ITEM # 29493 Mayor Robert G. Jones PROCLAIMED the week of June 6-12, 1988 as: HURRICANE AWARENESS WEEK This PROCLA14ATION recognized Virgini.a Beach as being a coastal community and a high risk area with its entire eastern and northern boundaries exposed to the devastating effects of a hurricane and interior portions exposed to flooding and/or wind damage. Hurricanes are dangerous storms capable of devastating the areas over which they pass and producing a high threat to the lives and property in these areas. The Office of Emergency Services is responsible for efforts directed towards educating the general public regarding the dangers associated with hurricanes. This PROCLAMATION was ACCEPTED by Lee Eskey, Director of Emergency Services. WHEREAS, hurricanes are dangerous storms capable of devastating the areas over which they pass and producing a high threat to the lives and property in these areas; and WHEREAS, Virginia Beach, being a coastal community, is a high risk area with its entire eastern and northern boundaries exposed to the devastating effects of a hurricane and interior portions exposed to flooding and/or wind damage; and WHEREAS, for the protection of the citizens of Virginia Beach and their property, it is important that they be made aware of the dangers associated with these storms and how to protect their lives and property through advance recognition and preparation; and WHEREAS, the City of Virginia Beach, Office of Emergency Services, is responsible for efforts directed towards educating the general public regarding the dangers associated with hurricanes; and WHEREAS, June 1 marks the official beginning of the hurricane season. NOW, THEREFORE, I, Robert G. Jones, Mayor of the City of Virginia Beach, do hereby proclaim June 6-12, 1988 as HURRICANE AWARENF.SS WEEK in Virginia Beach and urge citizens to prepare themselves for emergency situations which may arise during the hurricane season. IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of the City of Virginia Beach, Virginia, to be affixed this sixth day of June, nineteen hundred and eighty-eight. Ro"e t G./iones "Y - 20 - Item IV-G.l. STATEMENT BY CITY MANAGER ITEM # 29494 The City Manager distributed a NEWS RELF.ASE enti,tled: CORPS OF ENGINEERS ISSUES SUPPLEMENTAL ENVIRONMENTAL ASSESSMFNT UPHOLDING VIRGINIA BFACHIS CONSTRUCTION PERMIT FOR THE LAKE GASTON PROJECT. The City Manager also distributed a copy of the Report entitled: SUPPLEMENT ENVIRONMENTAL ASSESSMM OF A PERMIT APPLICATION FOR CONSTRUCTION OF A WATER SUPPLY PIPELINE AND APPURTENANT STRUCTURES IN LAKF GASTON AND CROSSING SEVERAL RIVERS. The aforementioned information is hereby made a part of the record. On July 7, 1987, the Federal District Court in Raleigh, North Carolina, issued an order with respect to the ongoing permit litigation. Of the 25 issues before the Court, the Federal Court ruled for Virginia Beach and the Corps of Engineers on 23. The Court remanded the two remaining issues to the Corps of Engineers and directed the Corps to conduct additi,onal analysis and to return to the Court with its supplemental fi.ndings. 1. Potential for any impacts from the proposed project on striped bass in the Roanoke River. 2. The "degree and extent" of the water supply need for Virginia Beach. The City is now carefuly reviewing and studying the Corps' supplemental assessment. - 21 - Item IV-G.2. CITY MANAGER'S REPORT ITEM # 29495 C. Oral Lambert, Jr., Director of Public Works advised the VIRGINIA DEPARTMENT OF TRANSPORTATION is well underway on a feasibility study for the SOUTHFASTERN EXPRESSWAY. C. Oral Lambert introduced members of V-DOT: Ken Lance, Assistant Urban Engineer, Frank Dunn, Transportation Planner and John Marks, Project Engineer as well as Members of the MAGUIRE GROUP, the State Consulting Engineers for this Project. John Marks advised the Project was added to the SOUTIIFASTERN REGIONAL 2000 PLAN in January 1985 and by Resolutions from the Cities of Virginia Beach and Chesapeake in August 1986, V-DOT was requested to commence studies relative the feasibility of construction of this project. After the Resolution was ADOPTED, engineering and environmental consultant services for the project were solicited by V-DOT. An agreement was entered into with the MAGUIRE GROUP in August 1987. Jim Richards, principal in charge of MAGUIRE'S local office, advised it was decided to divi,de the project into two (2) phases: (1) Environmental and Engineering Studi,es and (2) Design of the Project. MAGUIRE has been authorized to proceed with the first phase. THE CORRIDOR STUDY REPORT has been distributed to City Council and is hereby made a part of the record. This was the first step of the first phase and a broad brush attempt to identi,fy which corridors were the best corridors to study for the location. The Location and Environmental Studies will now commence. One inch equals a thousand on the CORRIDOR STUDY. Aerial photographs of the Spring 1987 were utilized. A much smaller scale will now be uti,lized (111 equals 200) for the location study. Peter 0. Tacelli, Project Engineer with MAGUIRE, presented an audio-visual related to the project. Input from the public will be solicited throughout the project and wi.11 be considered in a.11 planning and decision making. A large number of roadway corridors were identifi,ed and then systematically reduced to a more manageable number for further study. The Corridors to be studied in further detail are referred to as the Candidate Bui.ld Alternatives. The Candidate Build Alternatives will be evaluated further through a process referred to as the Environmental Impact Statement Process. The successful completion of the Corridor Study as well as the development of the Environmental Impact Statement depends to a large extent on the input received from the public. A major citizen involvement program has been developed on the SOUTHEASTERN EXPRESSWAY PROJECT. The program includes newsletters, informal meetings, a telephone hotline, information handouts, citizen comment sheets and a formal Public Hearing. The first step entailed an examination of the study window and identification of limiting features which will interact significantly with a large highway project. These limiting features include NAS Oceana, Stumpy Lake, large-high density residential areas, major commercial development and large Wetlands Tracts. Corridors were further dropped which had (1) greater limiting features (2) were not significantly different from or were in close proximity to other corridors or (3) had severe engineering or environriental constraints. Twenty (20) corridors remained after thi.s step. From the remaining corridors, a comprehensive set of quantitative and qualitative criteria was applied to select the Candidate Build Alternatives. This effort resulted in the selection of Six (6) Candidate Build Alternatives. The Candidate Build Alternatives are now presented for review and comment. During the Summer and Fall of 1988, the detailed studies, local studies and field work will be conducted. The Draft Environmental Impact Statement will be prepared in the Winter of 1988/1989. The location Public Hearing wiil be held in the Spring of 1989. Hopefully, and upon the results of the Location Public Hearing, an alternative wi,ll be selected and a Final Environmental Impact Statement will be prepared based on this alternative - 22 - Item IV-H.1 PUBLIC HEARINGITEM ITEM # 29496 Mayor Robert G. Jones DECLARED A PUBLIC HEARING: FY 1988-1989 OPERATING BUDGET INCREASES for SCHOOLS, CONTRACTUAL SERVICES and MENTAL HEALTH/MENTAL RETARDATION SERVICES The following spoke: Martin V. Cornetta, 3136 Quimby Road, Phone: 340-4200, represented the Community Services Board. Martin Cornetta expressed appreciation to the City Council and the City Manager. Martin Cornetta requested the addition of four (4) new members to the Mental Health/Mental Retardation Substance Abuse Committee. There being no further speakers, Mayor Robert G. Jones CLOSED THE PUBLIC HFARING. PUBLIC NOTICE CITY OF VIRGINIA BEACH, VIRGINIA PROPOSED BUDGETARY INCREASES FOR THE 1988-1989 FISCAL YEAR Pursuant to Chapter 2, Section 2-187.i of the City Code, a public hearing will be held b the City Council in Council Chambers in the City Hall Building on Monday, iune 6, 1988, at@:00 p.m. to discuss proposed increases in the Operating Budgit for FY 1988-89 as follows: 1, To appropriate the FY 1988-89 budget for the School Textbook Fund in the amount of 12,009,358. The appropriation will be financed from the following sources: Book Rentals 11,311,537 Book Purchases 54,891 Interest on Deposit 11,500 Transfers from Operating Budget 130,000 Retained Earni'ngs 501,430 TOTAL TEXTBOOK TENTAL FUND -2,009,358 2. To appropriate the FY 1988-89 budget for the School Grants Fund in the amount of 18,581,907 for instructional activities to supplement regular programs. Financing for the appropriations will be from the following source: Revenue from the Federal Government -8,581,907 TOTAL SCHOOL CATEGORICAL GRANTS FUND -8,581,907 3. To appropriate the FY 198-89 budget for the School Cafeteria Fund in the amount of 110 282,582. The appropriations will be financed from the following- so-urces:- Meal Sale- -6,422,.502 Revenue from the Commonwealth 368,191 Revenue from the Federat Oovernment 2,247,971 Interest on Deposits 120,000 Miscellaneous Revenues 1,123,918 TOTAL SCHOOL CAFETERIA ENTERPRISE FUND $10,282.582 4. To appropriate the FY 1988-89 budget for School Athletic Fund in the amount of 1307,640. The appropriations will be financed from the following sources: Revenue from Ticket Sales to Games -234,800 Interest on Deposits 5,000 Retained Earnings 65,360 Other 2,500 TOTAL SCHOOL ATHLETIC FUND 1307,650 5. To appropriate 1211,588 in the FY 1988-89 budget for the Department of Mental Health, Mental Retardation and Substance Abuse in thi MH/MR Contractual Services Fund for program enhancements and expansion. The appropriations will be financed as follows: Revenue from the Commonwealth - I -. 0211,588 TOTAL MH/MR CONTRACTUAL SERVICES FUND 1211,588 6. To appropriate 1865,21 0 in the FY 1988-89 budget for the Department of Mental Health, Mental Retardation and Substance Abuse in the General Fund for program enhancements and expansion. The appropriation will be financed from the following source: Revenue from the Commonwealth -865,210 TOTALGENERALFUND -865,210 Individuals desiring to provide oral or written comments may do so by contacting the City Clerk's Office at 427-4303 or by registering in the Clerk's office on the second floor of the City Hall Building before the hearing begins. Ruth Hodges Smith, CMC, City Clerk - 23 - Item IV-I.I. RESOLUTIONS TTEM # 29497 Upon motion by Councilman Moss, seconded by Councilman Fentress, City Council ADOPTED: Resolution endorsi,ng the concerns of the City of Virginia Beach regarding the Noise Abatement Policy as proposed by the Virginia Department of Transportation which would establish statewide criteria for providing noise abatement on all proposed highway projects in the Commonwealth. Voting: 10-0 Council Members Voting Aye: Albert W. Balko, John A. Baum,* Robert E. Fentress, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry* Council Members Voting Nay: None Council Member Abstaining: Harold Heischober@@ Council Members Absent: None Councilman Heischober ABSTAINED as he is on a subcommittee of the General Assembly related to Trannsportation *Verbal Aye ,A SIG"NATURE lacr@t DEPARTMENT APPROVED AS TO LEGAL SUFFICIENCY AND FOR,M 1 @-ZaZ, RESOLUTION RNE'I/ 2 WHEREAS, the Virginia Department of Transportation is 3 considering the adoption of a Noise Abatement Policy that would 4 establish statewide criteria for providing noise abatement on all 5 proposed highway projects in the Cormnonwealth; and 6 WHEREAS, the Virginia Department of Transportation 7 requested written cormnents, and the City Manager of the City of 8 Virginia Beach by letter dated May 19, 1988 sets forth several 9 concerns the City has regarding the policy as currently worded; 10 and 11 WHEREAS, City Council endorses the concerns expressed 12 in the letter referenced above, and in addition, is concerned 13 that the cost benefit criteria contained in the draft policy may 14 be inadequate and should be reviewed against similar standards 15 from other states with emphasis placed on including a provision 16 for inflation. 17 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE 18 CITY OF VIRGINIA BEACH, VIRGINIA: 19 THAT the Council of the City of Virginia Beach endorses 20 the May 19, 1988 letter attached hereto and incorporated by 21 reference as the official position of the City of Virginia Beach 22 regarding the Statewide Noise Abatement Policy as presently 23 worded; 24 BE IT FURTHER RESOLVED that the City Clerk is directed 25 to send a copy of this Resolution and attachment to the 26 Commissioner of the Virginia Department of Transportation and the 27 local delegates to the General Assembly. 28 Adopted by the Council of the City of Virginia Beach on 29 the 6th day of June 1988. 30 DSH/awj 31 05/25/88 32 06/02/88 33 CA8802747 34 Noise.Res - 24 - Item IV-I.2 RESOLUTION ITF14 # 29498 Reverend Thomas Jennings, 1325 Church Street, Phone: 424-5957, represented the Newlight Target Area, spoke i,n OPPOSITION. Reverend Jennings expressed concern relative traffic on Indian River Road. Upon motion by Councilman Moss, seconded by Vice Mayor Oberndorf, City Council ADOPTED, As Revised and submitted by Councilman Moss: Resolution requesti,ng the Virginia Department of Transportation to program a detailed study and traffic analysis for the development of a new interchange on 1-64 by the extension of Centerville Turnpike from its intersection with Jake Sears Road to an acceptable location southwest of the present intersection of Indian River Road. Voting: 9-1 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf and Nancy K. Parker Council Members Voting Nay: John L. Perry Council Member Abstaining: Harold Heischober@ Council Members Absent: None *Councilman Heischober ABSTAINED as he is on a subcommittee of the General Assembly related to Trannsportation Revised 6/3/88 R E S 0 L U T I 0 N WHEREAS, the Virginia Department of Transportation has indicated its willingness to study the improvement of an additional interchange on 1-64 with the extension of Centerville Turnpike, between the (WCL) western city limit and Indian River Road in the City of Virginia Beach, and WHEREAS, the contemplated improvement is needed and is in consonance with the City of Virginia Beach Master @treet and Highway Transportation Plan. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the Virginia Department of Transportation is hereby requested to program a detailed study and traffic analysis for the development of a new interchange on Interstate Route 64 by the exten5ion of Centerville Turnpike from its intersection with Jake Sears Road to its intersection with 1-64 on new alignment to an acceptable location southwest of the present intersection of Indian River Road and I-64. Such interchange shall provide the type of facility warranted by detailed traffic studies with regard to proper lanes, ramps, and configuration. ADOPTED: June 6, 1988 - 25 - Item IV-I.3. RESOLUTIONS ITF14 # 29499 Upon motion by Councilwoman Parker, seconded by Councilman Moss, City Council ADOPTED: Resolution directing the City Manager to enter into an agreement for a comprehensive transportation and land use analysis of the Pembroke Area with Frederic R. Harris, Inc. not to exceed $147,723. Voting: 9-2 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, John D. Moss, Vice Mayor Meyera E. Oberndorf and Nancy K. Parker Counci,l Members Voting Nay: Reba S. McClanan and John L. Perry Council Members Absent: None RESOLUTION WHEREAS, the Council of the city of Virginia Beach, Virginia, on March 28, 1988 was briefed on the many transportation related issues concerning the Pembroke Area of the City, and; WHEREAS, the Council of the city of Virginia Beach, Virginia has recognized the transportation needs of the Pembroke Area and moved to address these problems through the capital Improvement Project process, and; WHEREAS, recent estimates of the cost to construct these needed facilities are substantially in excess of the funds programmed in the Capital Improvement Budget, and; WHEREAS, the information on which decisions regarding the Pembroke Area has become outdated. NOW, THEREFORE, be it resolved by the Council of the City of Virginia Beach, Virginia: The city manager is directed to enter into an agreement, with Frederic R. Harris, Inc. not to exceed $147,723, to conduct a comprehensive transportation and land use analysis of the Pembroke Area. Adopted by the Council of Virginia Beach, Virginia on the 6th day of June, 1988. - 26 - Item IV-J.1. ORDINANCES ITEM # 29500 Roland E. Hargrove, Sr. , 2369 Princess Anne Road, Phone: 427-2938, spoke in OPPOSITION. Mr. Hargrove suggested a traffic light be installed at Kellam- Eaton Store on Princess Anne and North Landing. Upon motion by Councilwoman McClanan, seconded by Councilman Perry, City Council DEFERRED for two weeks until the City Council Meeting of June 20, 1988: Ordinance to authorize Acquisition of property in Fee Simple for right-of-way for Holland Road/Princess Anne Road; and, the Acquisition of Temporary and Permanent Easements of right-of-way, either by Agreement or Condemnation. Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent: None - 27 - Item IV-J.2- ORDINANCES ITEM # 29501 Upon motion by Councilman Heischober, seconded by Councilman Balko, City Council ADOPTED: Ordinance to TRANSFER $2,500,000 from Project #2- 962 Pungo Ferry Road Bridge to Project #3-965 Municipal Center Expansion Site Acquisition to allow for the purchase of additional property and to authorize the City Manager to enter into a contract for the acquisition. Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent: None AN CFMINANCE TO IN im OF $2,500,000 TO #3-965 MMCIPAL CENTER SME ITICK AND TO IM CTIY TO ENIER INTO A FUR ME CH the city is interested in acquiririg land to allow for the futur,e expansion of the Mmicipal Center, and @, the city p-tly has the @rtunity tc) property valued at $2,500,000, arxi of the property at this time will result in the avoidance of futlire price increases, and WBEREAS, the funds needed for the purchase iny be cbta@ from pro3eat #2-962 Pungo Ferry Road Bridge sirice project constniction has been delayed with -ch fur)ds to be replaced the next update of the Capital improvmmt Prog-- NOW @RE BE IT ORDAD4ED BY THE COUNCIL OF TBE = OF VIM@ BEACH, =INIA, that funds in the amount of $2,500,000 are hereby transferred frlcm project #2-962 @o Ferry Road Bridge to project #3-965 Mmicipal Center ion Site Acquisition to allow for the purchase of additional property. BE IT FURTHER ORDADTED, that the City Manager is hereby authorized to enter into a contract for the acquisition of the land. This ordinar)ce shall be in effect frcm the date of its adoption. Adopted by the council of the City of Virginia Beadi, Virginia on the 6th day of June 1988. @l ORD43.@ - 28 - Item IV-J-3- RESOLUTTONS ITEM # 29502 A MOTION was made by Cuncilman Baum, seconded by Councilman Heischober to ADOPT: Ordinance to set salaries of Council Members at $18,000 per annum and $20,000 per annum for the Mayor, respectively, and to TRANSFER $35,478 from YY 1988-1989 General Fund Reserve for Contingencies to the Municipal Council Budget to provide for these salary increases. Voting: 5-6 (MOTION LOST TO A NEGATIVE VOTE) Counci,l Members Voting Aye: John A. Baum, Robert E. Fentress, Harold Heischober, Mayor Robert G. Jones and John L. Perry Council Members Voting Nay: Albert W. Balko, Barbara M. Henley, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf and Nancy K. Parker Council Members Absent: None - 29 - Item IV-J.4. RESOLUTIONS TTEM # 29503 Upon motion by Councilwoman Henley, seconded by Councilman Baum, Cdty Council ADOPTED: Ordinance to TRANSFER $155,000 from various sources in the Fiscal Year 1987-1988 Operating Budget to th6 operating budget of the Office of Environmental Management for a feasibility study on the use of Transfer of Development Rights. Voting: 9-1 Council Members Voting Aye: Albert W. Balko, John A. Baum,* Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, John D. Moss, Vice Mayor Meyera E. Oberndorf and Nancy K. Parker Council Members Voting Nay: Reba S. McClanan Council Members Absent: John L. Perry *Verbal Aye AN ORDINANCE TO TRANSFER $155,000 FROM VARIOUS SOURCES IN THE FISCAL YEAR 1987-1988 OPERATING BUDCET FOR A FEASIBILITY STUDY ON THE USE OF TRANSFER OF DEVELOPMENT RIGHTS WHEREAS, the CiLy of Virginia Beach in its interest to preserve and protect the natural resources of the City has expressed a concern to conserve the City's agricultural areas, and WHEREAS, the City staff has identified the need to undertake a study of the use of Transfer of Development Rights (TDR's) as a policy option that may provide viable alternatives for the protection of agricultural areas, and WHEREAS, funds to contract the development of a feasibility study for the use of Transfer of Development Rights are available from various sources within the fiscal year 1987-1988 operating budget. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACII, VIRClNlA that funding in the amount of $155,000 be transferred from various sources within the fiscal year 1987-1988 operating budget to the operating budgel of the Office of Environmental Management for a feasibility study on the use of Transfer of Development Rights. This ordinance shall be effective form the date of its adoption. Adopted by the Council of the City of Virginia Reach, Virginia the 6th day of June 1 1988. - 30 - Item IV-K. CONSENT AGENDA ITFa4 # 29504 Upon motion by Councilman Baum, seconded by Councilman Moss, City Council APPROVED in ONE MOTION Items 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14 and 15 of the CONSENT AGENDA Voting: 10-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf and Nancy K. Parker Council Members Voting Nay: None Council Members Absent: John L. Perry - 31 - Item IV-K.l. CONSENT AGENDA ITEM # 29504 Upon motion by Councilman Baum, seconded by Councilman Moss, City Council ADOPTED: Ordinance to AMEND and REORDAIN Section 5-31 of the Code of the City of Virginia Beach, Virginia, to include the area of Pine Ridge as a bird sanctuary. Voting: 10-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf and Nancy K. Parker Council Members Voting Nay: None Council Members Absent: John L. Perry Requested by Councilwoman Reba McClanan I 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 7 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA 8 BEACH, VIRGINIA: 9 That Section 5-31 of the Code of the City of Virginia 10 Beach is hereby amended and reordained to read as follows: 11 12 13 14 Section 5-31. Established; purpose. 15 16 The following described areas in the city are hereby 17 declared to be bird sanctuaries for the protection of all birds: 18 (1) North Thalia in Kempsville Borough: 19 Beginning at a point in the center 20 of Thalia Creek on the north side 21 of U.S. Route 58 (Virginia Beach 22 Boulevard); thence in a northerly 23 direction following the center of 24 Thalia Creek to the merger of 25 Thalia Creek, the western branch of 26 Lynnhaven River and Buchannan 27 Creek; thence in an easterly 28 direction along the center of 29 Buchanan Creek (Lynnhaven and 30 Kempsville Borough line) to the 31 northeast boundary of Thalia 32 Shores; thence in a southerly 33 direction along the Lynnhaven and 34 Kempsville Borough line to a point; 35 thence along the borough line in a 36 westerly direction approximately 37 twelve hundred (1200) feet, more or 38 less, to a point; thence along the 39 borough 1 i n ein a southerly 40 direction to the north side of 41 U . S . R o u t e 58 (Virginia Beach 42 Boulevard) and Route 1192 (West 43 Brook Road); thence in a westerly 44 direction along U.S. Route 58 to 45 the point of beginning. 46 (2) Chesopian Colony in Lynnhaven 47 Borough: Beginning at a point in 48 the center of Pine Tree Branch on 49 the north side of U.S. Route 58 50 (Virginia Beach Boulevard); thence 51 in a northerly direction following 52 the center of Pine Tree Branch to 53 the merger of Pine Tree Branch, the 54 eastern branch of Lynnhaven River 55 and London Bridge Creek; thence in 56 a southeasterly direction along the 57 center of London Bridge Creek to 58 U.S. Route 58 (Virginia Beach 59 Boulevard); thence along the north 60 side of U.S. Route 58 in a westerly 61 d i r e c t i o n to the p o i n t of 62 beginning. 63 (3) The subdivisions known as Kings 64 G r a n t , Alanton, Kings Forest, 65 M a 1 i b u , Birchwood Gardens, 66 Lynnhaven Acres, Cape-Story-By-The- 67 Sea, Bay Island and Trantwood 68 Shores in the Borough of Lynnhaven 69 and Nottingham Estates, Laurel Cove 70 and Aragona Village in Bayside 71 Borough. 72 (4) All that certain area located in 73 Lynnhaven Borough, including, but 74 not limited to those subdivisions 2 7 5 known as Wolfsnare Plantation, 76 Southern Points, Robin Hood Forest 77 and Great Neck Estates, and being 78 more particularly described as 79 follows: Beginning at a point in 80 the center of Wolfsnare Creek on 81 the western side of Great Neck 82 Road; thence in a westerly 83 direction following the center line 84 of Wolfsnare Creek to the merger of 85 wolfsnare Creek and the eastern 86 branch of the Lynnhaven River; 87 thence in a northerly direction 88 along the center line of the 89 eastern branch of the Lynnhaven 90 River to the merger of the center 91 line of the eastern branch with 92 Inlynnview Road extended; thence, 93 in an easterly direction and 94 running parallel to Robin Hood 95 Road, down the center of Inlynnview 96 Road to the intersection of 97 Inlynnview Road and Five Points 98 Road; thence in a northerly 99 direction, down the center of Five 1 0 0 Points Road to the point of 101 intersection of Five Points Road 1 0 2 and Rose Hall Drive; thence in an 103 easterly direction, down the center 104 of R o s e H a 1 1 D r i v e to t h e 105 intersection of Rose Hall Drive 106 with Great Neck Road; thence in a 107 southerly direction and traveling 108 along the western right-of-way line 109 of Great Neck Road to the point of 3 110 merger o f the center line o f ill Wolfsnare Creek with the western 11 2 right-of-way line of Great Neck 113 Road, said point being the point of 114 beginning. 115 (5) All that certain area bounded on 116 the north by Shore Drive, on the 117 south by Long Creek, on the west 118 by Great Neck Road and on the east 119 by the subdivision known as Cape- 120 Story-By-The-Sea. 121 (6) The subdivisions known as Lakeview 1 2 2 Shores, Lake Smith Terrace, Lake 123 Smith Terrace-West, Thoroughgood, 1 2 4 Thoroughgood Estates, Lake Shores, 1 2 5 Bayville Park, Baylake Pines and 126 Baylake Beach in Bayside Borough. 1 2 7 (7) All that certain area located in 1 2 8 Princess Anne Borough being 1 2 9 described as follows: From the 130 intersection of the center line of 13i Hell Point Creek and Tabernacle 132 Creek to its intersection with the 133 center line of Muddy Creek to its 134 termination at North Bay, then 135 northwardly along the center line 136 of Hell Point Creek to the point of 137 origin. 138 (8) The subdivisions known as Lake 1 3 9 James, Kempsville Heights, Point- 140 of -View, Arrowhead, Carolanne 141 Farms, Huntington, Fai rf ield , 1 4 2 Kempsville Manor, Kempsville 14 3 Gardens, Lark Downs, Larkspur, 1 4 4 Kempsville Colony, Bellamy Manor, 4 1 4 5 Acredale, Reverton, Lakeville 146 Estates, Timberlake and Stratford 1 4 7 Chase in Kempsville Borough and 148 Fawn Village at Indian Lake. 1 4 9 (9) All that certain area located in 150 Princess Anne Borough being 151 described as follows: From the 152 center line of North Landing Road 153 easterly five hundred (500) feet 154 and westerly five hundred (500) 155 feet and running parallel to North 156 Landing Road from the south line of 157 Indian River Road to the Chesapeake 158 C i t y boundary 1 i n e on t h e 159 Intercoastal Waterway. 160 (10) The subdivision known as Lago-Mar 161 in Princess Anne Borough. 162 (11) The subdivision known as Green Run 163 in Princess Anne Borough. 164 (12) The subdivisions known as Pembroke 165 Meadows, Pembroke Manor, Witchduck 166 Point and Witchduck Bay in Bayside 167 Borough. 168 (13) The subdivision known as Lynnhaven 169 Colony. 170 (14) All that certain area known as 171 Beach Garden Park in the Lynnhaven 172 Borough of the city; said area is 173 located directly south of Laskin 174 Road, bounded on the west by 175 Barberton Drive and on the east by 176 Holly Road running to 26th Street. 177 (15) All that certain area known as 178 Chesapeake Beach in the Bayside 179 Borough of the city; said area is 5 180 bounded on the south by Shore 181 Drive, bounded on the north by 182 Chesapeake Bay, bounded on the west 183 by Little Creek Amphibious Base, 184 and bounded on the east by the 185 subdivision known as Baylake Pines. 186 (16) All that certain area known as 187 Princess Anne Plaza in the 188 Lynnhaven and Princess Anne 189 Boroughs of the city; said area is 1 9 0 bounded on the n o r t h by the 191 Virginia Beach toll road, bounded 1 9 2 on the west by Rosemont Road, 1 9 3 bounded on the south by Holland 1 94 Road and Lynnhaven Parkway, and 1 9 5 bounded on the east by Lynnhaven 196 Parkway. 197 (17) All that certain area known as 198 Wolfsnare in the Lynnhaven Borough 199 of the city; said area is bounded 200 on the east by First Colonial Road, 201 on the north by the Northern Branch 2 0 2 of Wolfsnare Creek, on the west by 203 Great Neck Road, and on the south 204 by the southern branch of Wolfsnare 205 Creek, Regency Apartments, and 206 Laskin Road; to include the 207 subdivision of First Colonial 208 Estates, Camden Estates, Glouster 209 Village, Hilltop Manor, Wolfsnare 210 Acres, Washington Square and Woods 211 of Washington Square. 212 (18) All that certain area known as Lake 213 Placid in the Princess Anne 214 Borough. 6 215 (19) The subdivision known as Great Neck 216 Point in the Lynnhaven Borough. 217 (20) The subdivision known as Ballylinn 218 Shores in the Kempsville Borough. 219 (21) All that certain area known as Hunt 220 Club Forest in the Princess Anne 221 Borough. 222 (22) All that certain area known as Pine 223 Ridge in the Princess Anne Borough. 224 225 Adopted by the Council of the City of Virginia Beach, 226 Virginia, on the 6th day of June 1988. 227 228 JDB/epm 229 05/20/88 230 CA-02743 231 \ordin\proposed\05-031.pro 2 3 2 233 7 - 32 - Item IV-K.2. CONSENT AGENDA ITF14 # 29505 Upon motion by Councilman Baum, seconded by Councilman Moss, City Council ADOPTED: Ordinance to authorize the Acquisition of real property, easements, temporary construction easements, in Fee Si,mple, for Shipps Corner Road Water Main CIP 5-622 by Agreement or by Condemnation. Voting: 10-0 Counci,l Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf and Nancy K. Parker Council Members Voting Nay: None Council Members Absent: John L. Perry AN ORDINANCE TO AUTHORIZE THE ACQUISITION OF REAL PROPERTY, EASEMENTS, EITHER BY AGREEMENT OR BY CONDEMNATION, FOR SHIPPS CORNER ROAD WATER MAIN CIP 5-622 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH: WHEREAS, in the opinion of the Council of the City of Virginia Beach, a public necessity exists for the expansion of this important project and for public purposes for the presvryation of the safety, health, peace, qnod order, comfort, convenience, morals and for the welfare of the people of the City of Virginia Beach: NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: Section 1. That the City Attorney is hereby authorized and directed to acquire by purchase or condemnation, pursuant to SS15.1-236 et seg. and SS25-46.1 et seg., Code of Virginia of 1950, as amended, all the real property, permanent easements, temporary construction easements as needed, in fee simple, as shown on that plan entitled; "Proposed construction of Shipps Corner Road Water Main, CIP 5-622, Baldwin & Gregg, Ltd., Engineers, Planners, Surveyors, Virginia Reach, Virginia," these plans being on file in the Department of Public Utilities, Municipal Center, City of Virginia Beach, Virginia. Section 2. The City Attorney is hereby authorized to make, or cause to be made, an behalf of the City of Virginia Beach, to the extent that funds are available, a reasonable offer to owners or persons having an interest in said lands; if refused, the City Attorney is hereby authorized to institute proceedings to condemn said property. Adopted by the Cuuncil of the City of Virginia Beach, Virginia, on the 6th- day of .... June ------ 19 as ----- ----- ------- - 33 - Item IV-K-3- CONSENT AGENDA ITEM # 29506 Upon motion by Councilman Baum, seconded by Councilman Moss, City Council APROVED, UPON FIRST READING: ORDINANCES for the City of Virginia Beach School Programs to be funded in FY 1988-1989: APPROPRIATE $8,581,907 for Special Categorical Grants. APPROPRIATE $2,009,358 for School Textbook Rental Fund. APPROPRIATE $307,650 for School Athletic Enterprise Fund. APPROPRIATE $10,282,582 for School Cafeteria Enterprise Fund. Voting: 10-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Hei,schober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf and Nancy K. Parker Council Members Voting Nay: None Council Members Absent: John L. Perry The City Clerk referenced Councilman Moss's letter of March 30, 1988, which pursuant to Section 2.1-639-14E of the Code of Virginia, Ann. DECLARED although his wife was a teacher with th-- Virgini,a Beach School System, he was able to review, make recommendations and approve or deny a budget regarding the School Board fairly, objectively and in the public interest. u AN ORDINANCE TO APPROPRIATE FUNDS OF 0 $8,581,907 FOR CITY OF VIRGLNIA BEACH SCHOOL PROGRAMS FUNDED BY SPECIAL CATEGORICAL GRANTS FOR SCI]OOL YEAR 1988-89 WHEREAS, the Virginia Beach School Board has been notified thal iL will receive funds of $8,581,907 through special slate and federal categorical grants for the school year 1988-89, and WHEREAS, these funds were not included in Lhe FY 1988-89 School Operating Budget approved by City Council, and WHEREAS, the School Board approved this funding and requests that CiLy Council appropriate these funds, and WHEREAS, it is desirable and necessary for the city Council to appropriate these funds prior to the expenditure itself. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA thal funds of $8,581,907 be appropriated for school purposes for FY 1988-89. BE IT FURTHER ORDAINED that this appropriation be financed t)y $8,581,907 estimated revenue from the Federal Government, and BE IT FURTHER ORDAINED that this appropriation is authorized s.bject to the expendit.res being incurred with no local match. This ordinance shall be effective from the date of its adoption. Adopted by the Council of the City of Virginia Beach, Virginia on the day of 1988. FIRST READING: June 6 1988 SECOND READLNG: PWC WP2/ORD116 z 0 AN ORDINANCE TO APPROPRIATE FUNDS OF $2,009,358 FOR THE FY 1988-89 SCHOOL TEXTBOOK RENTAL FUND BUDGET > HEREAS, the Attorney General of Virginia has opined that School Board expenditures of funds generated by the rental of textbooks require an appropriation of the local governing body, and WHEREAS, the Virginia Beach School Board has a textbook rental plan whereby rental income is deposited in a textbook rental fund and purchases of textbooks and other related expenses are paid from this fund, and WHEREAS, the School Board has submitted a Textbook Rental Fund budget for FY 1988-89 in order to comply with the Attorney General's opinion, and WHEREAS, the Textbook RenLal budget approved by the School Board included total revenues of $2,009,358 and total disbursements of $2,009,358 for fiscal year 1988-89. NOW, THEREFORE, BE IT ORDAINED BY TIIE COUNCIL OF THE CII-Y OF VIRGINlA BEACH, VIRGINIA that funds of $2,009,358 be appropriated for a School Textbook Rental Fund budget in the manner approved by Lhe School Board. BE IT FURTHER ORDAINED that this appropriation be financed by Estimated Revenues of $2,009,358 in the School Textbook Rental Fund. This ordinance shall be effective from the date of its adoption. Adopted by the Council of the City of Virginia Beach, Virginia on the day of 1988. June 6, 1988 FIRST READING: SECOND READING: PWC WP2/ORD117 0 AN ORDINANCE TO APPROPRIATE FUNDS OF $307,650 FOR THE FY 1988-89 SCHOOL ATHLETIC ENTERPRISE FUND BUDCET < 0 WHEREAS, the School Board expenditures of funds generated by the sale ssions to high school football games, basketball games, gymnastics meets, and wrestling matches require an appropriation of the local governing body, and WHEREAS, the Virginia Beach School Board has an athletic program whereby admissions income is deposited in an athletic enterprise fund and disbursements from this account are used to purchase athletic equipment and uniforms, to pay officials, and to pro@ide miscellaneous supplies, and WHEREAS, the School Board has submitted a b.dget for the Athletic Enterprise Fund for FY 1988-89, and WHEREAS, the Athletic EnLerprise F.nd b.dget approved by the School Board included total revenues of $307,650 and total disbursements of $307,650 for fiscal year 1988-89. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRCINIA that funds of $307,650 be appropriated for a School ALhletic Enterprise Fund budget in the manner approved by the School Board. BE IT FURTHER ORDAINED Lhat this appropriation be financed by Estimated Revenues of $307,650 in the School Athletic Enterprise Fund. This ordinance shall be effeclive from the date of its adoption. Adopted by Lhe Council of the City of Virginia Beach, Virginia on the day of 1988. June 6, 1988 FIRST READINC: SECOND READING: PWC WP2/ORD119 z 1- z 0 u 0 AN ORDINANCE TO APPROPRIATE FUNDS OF $10,282,582 FOR THE FY 1988-89 SCHOOL C#FETERIA ENTERPRISE FUND BUDGET 0 WliEREAS, the ALturney Ceneral of Virginia has opined that School Board expenditures of funds generaled by Lhe sale of cafeteria meals require aii appropriation of Lhe local governing body, and WHEREAS, the Virginia Beach School Board has a cafeteria meal program whereby meal income is deposited in a cafeleria enlerprise fund and purchases of food and olher reialed expenses are paid from this fund, and WHEREAS, the School Board has submitted a Cafeteria Enterprise P,@nd budgel for FY 1988-89 in order to comply with the ALLorney Ceneral's opinion, and WHEREAS, the Cafeteria EnLerprise Fund bud&el approved by Lhe School Board included total revenues of $10,282,582 and tolal disbursements of $10,282,582 for fiscal year 1988-89. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA LhaL funds of $10,282,582 be appropriated for a Schout CafeLeria Enterprise Fund bud&el in the manner approved by Lhe School Board. BE IT FURTHER ORDAINED that this appropriatiun be financed by ESLimated Revenues of $10,282,582 in the School Cafeteria Enterprise Fund. This ordinance shall be effeclive from Lhe dale of its adoption. Adopted by the Council of the City of Virginia Beach, Virginia on Lhe day of 1988. June 6, 1988 [.'IRSI' READING: SECOND READING; PWC WP2/ORD250 - 34 - Item IV-K.4. CONSENT AGENDA ITEM # 29507 Upon motion by Councilman Baum, seconded by Councilman Moss, City Council APROVED, UPON FIRST RFADING: Ordinance to APPROPRIATE $221,587 for i,ncreased correctional operation expenditures. Voting: 10-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf and Nancy K. Parker Council Members Voting Nay: None Council Members Absent: John L. Perry AN CED TO APPM IN TM AMW OF $221,M7 FUR OPEELATICNS the average daily irmkite population of the city correctional facility exceeds 390 people and is corrtinuing to increase, and WHEREAS, this number is well in excess of the proj irmiate popu- lation for FY 1987-88, and W=M, the a tures for food, @cal care and buildirig naintenance will exceed the FY 1987-88 budgeted amatmt due to the increased irmate population, and WHEREAS, additional appropriatioris of $221,587 are necessary in order to fund gr-eater than anticipated expenditures in the follow@ accalmts: Food and Food Services + $126,000 Professional Health Services + 61,334 1 Ma and Repair + 34,253 Thtal the additional apprcpriations will be offset by reverrue s@ the Ccmwnwealth re the City for the operation of the correctional facility based on the of inmates. NOW @RE BE IT ORDAINM BY ME COMCIL OF THE = OF =IliIA BEA,CH, =INIA, that funds in the amount of $221,587 be appropriated for correctional cperatioris itures, and BE Ir ORDAINED, tbat the revenue fran the Cmmnwealth be increased by $221,587 to offset these expenditures. This ordinarice shall be in effect fr-cm the date of its adcption. Adcpted by the Council of the City of Virginia Beach, V@inia on the day of 1988. F= READING: June 6, 1988 SECOM @ING: 1 ORD41. PAD - 35 - Item IV-K-5- CONSENT AGENDA ITEM # 29508 Upon motion by Councilman Baum, seconded by Councilman Moss, City Council APROVED, UPON FIRST READING: Ordinance to APPROPRIATE $175,000 for Project #3- 933 Landfill @@2 in the FY 1987-1992 Capitai Improvement Program for the construction of a pump station. Voting: 10-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf and Nancy K. Parker Council Members Voting Nay: None Council Members Absent: John L. Perry AN ORDINANCE TO APPROPRIATE FUNDS 1N THE AMOUNT OF $175,000 FOR PROJECT # 3-933 LANDFILL #2 TO CONSTRUCT A PUMP STATION WHEREAS, the City of Virginia Beach in order to maintain Lhe health, safety and welfare of its citizens provides refuse collection and disposal ser,ices, and WHEREAS, the Department of Public Works, Waste Management Division disposes of approximately 350,000 tons of refuse annually, and WHEREAS, in order to provide these services the timely disposal of solid wastes at city's landfill is necessary, and WHEREAS, there is an immediate need to construct a pump station at an estimated cost of $175,000, to properly dispose of the leachate generated from the landfill, and WHEREAS, under the Southeastern Public Service Authority (SPSA) Ash and Residue Contract, SPSA will reimburse the City for any capital construction associated with landfill operations. NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, that funds in the amount of $175,000 are to be appropriated to project # 3-933 Landfill #2 in the FY 1987-1992 CapiLal Improvement Program for the construction of a pump station, and AND BE IT FURTHER ORDAINED, that this appropriation be offset by an increase of $175,000 in revenue from SPSA. This ordinance shall be in effect from the date of its adoption. Adopted by the Council of the City of Virginia Beach, Virginia on the day of 1988. First Reading: June 6, 1988 Second Reading: TO CONTENT i7 @T@7/ 0 - 36 - Item IV-K.6. CONSENT AGENDA ITEM # 29509 Upon motion by Councilman Baum, seconded by Councilman Moss, City Council APPROVED, UPON FIRST READING: Ordinance to ACCEPT and APPROPRIATE $50,000 as a grant from the Wareheim Foundation to be utilized for the operation of a two-year Court Appointed Special Advocate Program. Voting: 10-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf and Nancy K. Parker Council Members Voting Nay: None Council Members Absent: John L. Perry AN ORDINANCE 'fO ACCEPT AND APPROPRIATE $50,000 AS A GRANT FROM THE WAREHEIM FOUNDATION FOR THE ESTABLISHMENT OF A COURT APPOINTED SPECIAL ADVOCATE PROGRA14 @HEREAS, the Wareheim Foundation, a private non-profit organization, has provided grant funding in the amount of $50,000 to establish a Court Appointed Special Advocate Program (CASA) in Virginia Beach, and WHEREAS, the CASA program trains volunteers to conduct independent investigations for the judiciary in certain child abuse cases, and to provide information and support to the abused child and its family, and WHEREAS, the Virginia Beach Juvenile and Domestic Relations Court Judges are supportive of this program and have agreed to provide office space, telephones, and other support, and WHERF,AS, the grant will be used to fund a contractual program director and a part-time temporary secretary T, and WHEREAS, there is no obligation on the part of the City to continue the CASA program beyond the Lwo years of funding provided by Lhe Wareheim Foundation and no matching funds need be provided by the City. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF TFIE CITY OF VlRGINIA BEACH, VIRGINIA that the granl from the Wareheim Foundation in the amount of $50,000 be accepted and appropriated by the CiLy and utilized for the operation of a two year Court Appointed Special Advocate Program. This Ordinance shall be in effect form the dale of its adoption. Adopted by the Council of the City of Virginia Beach, Virginia on day of , 1988. First Reading June 1988 Second Reading - 37 - Ttem IV-K.7 CONSENT AGENDA ITEM # 29510 Upon motion by Councilman Baum, seconded by Councilman Moss, City Council ADOPTED: Resolution to Charge-Off $165,251-88 of accounts receivable as uncollectible. A N D, Ordinance to TRANSFER $60,000 from unobligated 1987-1988 appropriations to charge-off the returnable Grant to Virginia Beach Festivals, Inc. Voting: 10-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Hei,schober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf and Nancy K. Parker Council Members Voting Nay: None Council Members Absent: John L. Perry A laMIUI!ICK TO @-OFF it is standard accolmting p to all- for a charge-ff of uricollectible accounts, and @, an eaniest and diligent effort has been -de by the city departnients to collect their overdue acoounts, and , the following accounts which total $165,251.88 are deenied to be uncolle(--tible: Public Utilities: FY 1982-83 Water Usage/Sewer Maintenance Bills $ 153,995.81 Water Inspection Invoices 636.09 Public Works: Refuse Disposal 280.57 High-ys 7,291.15 Police: False Al@ 2,625.00 Animl Control 198.00 Planning 201.26 City Clerk 24.00 Total Amount to be @ed-Off NOTE: The individual i-nvoices are available for City @il review. NOW @RE BE IT RESOLVED BY TIBE COMCIL OF THE CIIY OF BEACH, @, that $165,251.88 of accounts receivable as repr@ted above be charged-off as uncollectible accounts. Adapted by the Council of the City of Virginia Beach, Virginia on thE@ 6th day of Jiine 1988. - 38 - Item IV-K.8 CONSENT AGENDA ITEM # 29511 Upon motion by Councilman Baum, seconded by Councilman Moss, City Council ADOPTED: Ordinance to TRANSFER $13,320 within the FY 1987- 1988 Operating Budget of the Library Department for the purchase of data radio communication equipment for the Bookmobile. Voting: 10-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf and Nancy K. Parker Council Members Voti,ng Nay: None Council Members Absent: John L. Perry 0 AN ORDINANCE TO TRANSFER FUNDS IN THE AMOUNT OF $13,320 WITHIN THE FY 87-88 OPERATING BUDGET OF THE LIBRARY DEPARTMENT FOR THE PURCHASE OF DATA RADIO COMMUNICATION EQUIPMENT FOR THE BOOKMOBILE WHEREAS, the FY 86-87 Operating Budget for the Library Department included funds for the installation and leasing of telephone lines at approximately fourteen sites throughout the City in order to provide remote access to the catalog and circulation systems for patrons of the Bookmobile, and WHEREAS, these appropriations have been carried forward into the FY 87-88 Operating Budget in order to evaluate more efficient and effective modes of communication made available through technological changes, and WHEREAS, the Library Department, through the use of a consultant's study, has determined that direct data radio communication via an antenna on the Public Safety Building will provide the most comprehensive on-line access to the computer at Central Library, will cost less than two year's of leased telephone line charges, and will not restrict communications to a limited number of hard- wired telephone locations, and WHEREAS, the result of this data radio communication link will provide Bookmobile patrons in the Courthouse/Sandbridge Study Area, Pungo, Creeds, and Blackwater the same immediate access to the catalog and circulation systems as an area library patron, and WHEREAS, the Library Department has the necessary funds within its FY 87-88 Operating Budget required to purchase the equipment for the data radio communication linkage. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, that funds totaling $13,320 be transferred within the FY 87-88 Operating Budget of the Library Department for the Bookmobile Data Radio Communication Project. Adopted this 6th day of June, 1988, by the Council of the City of Virginia Beach, Virginia, - 39 - Item IV-K.9 CONSENT AGENDA ITEM # 29512 Upon motion by Councilman Baum, seconded by Councilman Moss, City Council ADOPTED: Ordinance to TRANSFER $87,000 within the YY 1987- 1988 Operating Budget for increased Detention and Group Home expenditures. Voting: 10-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf and Nancy K. Parker Council Members Voting Nay: None Council Members Absent: John L. Perry F- 7-' AN TO FUNI)S IN 7m AmmN,r oF $87,ooo Ft3R @CN AND @ HCNE the office of Juvenile Prcbation budgets for the placerent of juveniles in detention hanes and hgmes, and @, the Juvenile and @tic Relations District Court has increased pla@ts in these hanes by over 15% in FY 1987-88, and WHEREAS, the rates for the facilities are set by the City of Chesapeake and the Group Hcme Ccmission, and the rates have by more than 15% in the current fiscal year, and the ccmbimtlon of pla and higher rates has resulted in greater than anticipated expenditures in the budget for detention and group hanes, and WHEREAS, additional appropriations of $87,000 are necessary to fund the itures and excess furxls are available within the FY 1987-88 City Operating Budget that can be transferr-ed for this purpose. NOW BE IT O@ BY UM COMCIL OF THE CITY OF @INTA BEA,CH, @INIA, that funds in the amount of $87,000 be transferred within the FY 1987-88 Cperating Budget for increased detention and group hcme costs. ordinarice shall be in effect fran the date of its adcption. Adcpted by the Council of the City of V@inia Beach, V@mia on the 6t of une 1988. KMV1 ORD42.PAD - 40 - Item IV-K.10 CONSENT AGENDA ITEM # 29513 Upon motion by Counci.lman Baum, seconded by Councilman Moss, City Council ADOPTED: Resolution to ACCEPT $20,000 from the Commonwealth of Virginia Public Beach Board for support of sand replenishment and erosion control activities for the public beach in the resort area of the City of Virginia Beach. Voting: 10-0 Council @iembers Voting Aye: Aibert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. @loss, Vice Mayor Meyera E. Oberndorf and Nancy K. Parker Council Members Voting Nay: None Council Members Absent: John L. Perry z 0 L) 0 7 0 < A RESOLUTION TO ACCEPT $20,000 FROM THE COMMONWEALTH OF VIRGINIA PUBLIC BEACH BOARD FOR > C3 EROSION CONTROL AND BEACH REPLENISHMENT ACTIVITIES 0 IN THE RESORT AREA WH IEAS, the CommonwealLh of Virginia, through its Public Beach Board, provides resources to assist localities in maintaining public beaches through sand replenishmenl and erosion control activities, and WHEREAS, the approved City of Virginia Beach FY 87-88 Operating Budget included revenue from Lhe Commonwealth for erosion control in the amounl of $190,000, and WHEREAS, the actual amount approved for FY 87-88 by the Public Beach Board for erosion control activities in the resort area was $210,000, and WHEREAS, adequate funds were included in the Erosion Council portion of the FY 87-88 Operating Budget to provide the required one-to-one match for the entire $210,000 from Lhe Commonwealth, NOW THEREFORE BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRCINIA BEACH, VIRClNIA, that additional funds in the amount of $20,000 be accepled from the Commonwealth of Virginia Public Beach Board for support of sand replenishment and erosion control activities for the public beach in the resort area of the City. Adopted this 6th day of June, 1988, by Lhe Council of the City of Virginia Beach, Virginia. - 41 - Item IV-K.11 CONSENT AGENDA ITEM # 29514 Upon motion by Councilman Baum, seconded by Councilman Moss, City Council ADOPTED: utility Projects for 51% Neighborhood Participation: Bells/Credle Road Sanitary Sewer $410,000 Lynnhaven Acres Water $400,000 Voting: 10-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. 1'entress, harold Heischober, Barbara M. Henley, Mayor Robert G. iones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf and i@ancy K. Parker Council Members Voting Nay: None Council Members Absent: John L. Perry - 42 - Item !V-K.12 CONSENT AGEliDA ITEM @r 29515 Upon motion by Councilman Baum, seconded by Councilman Moss, City Council APPROVLeD: LOW BID to Precon Construction Company in the amount of $123,945.66 -or water and sewer service along Newtown Road and Hawkins Lane. Voting: 10-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. @enley, Mayor Rober'@ G. Jones, Reba S. McClanan, John 1). Moss, Vice Mayor Meyera E. Oberndorf and Nancy K. Parker Council Members @oting Nay: None Council viembers Absent: Jo-,in L. Perry - 43 - Item IV-K.13 CONSENT AGENDA ITEM # 29516 Upon motion by Councilman Baum, seconded by Councilman Moss, City Council APPROVED: LOW BID to A & W Contractors, Inc. in the amount of $49l,go6.26 for water service in the Larkspur area (Contract I). Voting: 10-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf and Nancy K. Parker Council Members Voting Nay: None Council Members Absent: John L. Perry - 44 - Item IV-K.14- CONSENT AGENDA TTEM # 29517 Upon motion by Councilman Baum, seconded by Councilman Moss, City Council APPROVED: CERTIFICATES OF PUBLIC CONVENIENCE AND NECESSITY: Diamond Cab Company Grand Limousine, Inc. Voting: 10-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf and Nancy K. Parker Council Members Voting Nay: None Council Members Absent: John L. Perry - 45 - Item 1V-K.14- CONSENT AGENDA ITEM # 29518 Upon motion by Councilman Baum, seconded by Councilman Moss, City Council APPROVED: odinance authorizing Tax Refunds in the amount of $2,173-43 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, Robert E. Fentress, Harold Hei,schober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice @layor Meyera E. Oberndorf and Nancy K. Parker Council Members Voting Nay: None Council Members Absent: John L. Perry ORM NO, C.A. 7 5/11/88 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 Y ear of Tax Number tion No. Paid Audrey E Curling 88 RE(1/2) 24394-9 12/5/87 245.97 Audrey E Curling 88 RE(2/2) 24394-9 12/5/87 245.97 Randolph & Catherine Copeland 88 RE(1/2) 22200-7 12/5/87 684.10 Ford Leasing Development 87 RE(1/2) 34179-0 11/25/86 33.60 Ford Leasing Development 87 RE(2/2) 34179-0 5/29/87 33.60 Melvin L Milton N/A Pkng 141223 2/17/88 25.00 Total 1,268.24 This ordinance shall be effective from date of adoption. The above abatement(s) totaling C( s to p $ 1 1 2 6 8 . 2 4 We're approved by the Council of the City of Virgi'ni'a Beach on the 6t@ay of June, 19.88 i-cI T. ACinsc' Approved as to form: Ruth Hodges Smith City Clerk ttorney ORM NO, C.A. 7 5/4/88 EMC AN ORDINANCE AUTHORIZING TAX REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE TREASURER FOR PAYMENT BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the following applications for tax refunds upon certification of the Treasurer are hereby approved: NAME Tax Type Ticket Exonera- D ate Penalty I nt. Total Year of Tax Number tion No. Paid Bird, Dinsmore, et al 87 RE(1/2) 76280-7 5/15/87 55.04 Hunt & Sykes Properties 87 RE(2/2) 76280-7 6/4/87 143.20 U S Fiberglass Products 88 RE(1/2) 87091-2 12/5/87 99.40 Eva M Burton 88 RE(1/2) 15148-6 12/3/87 29.05 Milton 0 B & Ida M Peoples 88 RE(1/2) 85133-6 12/4/87 148.92 Maria Vachino Burdish 85 pp 162351-0 2/12/88 67.15 Total 542.76 This ordinance shall be effective from date of adoption. The above abatement(s@ totaling c $542-J6 were approved by the Council of the City of Virginia Beach on the rthday of June 1 9 8 8 J, asurer App oved as to form: Ruth Hodges Smith City Clerk ttorney ORM NO. C.A. 7 5/18/88 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: Tax Type Ticket Exonera- Da!e Penalty I nt. Total NAME Year of Tax Number tion No. Paid Sovran Mortgage Corp 88 RE(1/2) 11393-7 12/5/87 235.65 Richard L Neathery 88 RE(1/2) 78876-2 12/1/87 51.78 Clarence E Webb N/A Pkng 176411 5/16/88 25.00 Lorraine F RichardSon N/A Pkng 201252 5/5/88 30.00 Garland Smith Enterprises Inc N/A Pkng 145845 3/22/88 20.00 Total 362.43 This ordinance shall be effective from date of adoption. The ab ve a ement(s) totaling c @362@T3 were approved by theCouncil of the y of V 6t@iyt of j n,a Beach on the- a ne ,1.9 8 8 ji asurer Ap Ruth Hodges Smith City Clerk ttorney - 46 - Item TV-L.l. UNFINISHED BUSINESS ITEM # 29519 The ABSTRACT OF VOTES for the General Election of May 10, 1988, are hereby made a part of the proceedings of the City Council Meeting of June 6, 1988. ABSTRACT OF VOTES cast in the CountylCity @f VIRGINIA BEACH Virginia. at the General - election held on t-lay 10 ]g 88 FOR llayor Tot.1 Votes R...i,,d Na..s of Candid.tes (I. Fip,es) J. Henry ficcoy, Jr. 2,146 f,ieyera E. Oberndorf 21,395 Louis l@liles Pace 4,238 Thornas Abbott 2 Jack A. Bailpy 4 Floyd Lee Banks 1 Sharon Barnes 2 ,Tc).hn A - RAi,m I Duck Braitwaite 1 E. J. Buchanan 1 We, the undersigned Electoral Board, upoiz exatnination of the official records deposited with the Clerk of the Circuit Court of the election on llay 10 '19 88 do hereby certify that the above is a true and correci A bstract of Voles cast at said election and do iherefore deteritline and declare that thefollowing receiv- ed the greatest nui?iber of votes cast iii said election: 14eyera E. Oberndorf for the office of 14aYor Given under our hands this eleventh day @f Dlay Chairnian Vice Chairman A opy tet,: Secretary Secretary, Electoral Board Caniille Bunch 1 Bob Engesser 1 Bob Fentress 2 Anne Girmnez 2 David Russell Hager, Sr 1 Bob Hunphries 1 Jack Jennings 1 Bob Jones 11 Louis Jones 3 Gerald L. Kerr, III 3 Chris Kincaid 2 Donald Labonte 1 Reba Dlcclanan 14 R. G. bbore 1 John lbss 1 l@lickey tbuse 1 1,@ Sue Piccinno 1 John Phillip Ryder 1 Sylvia Scott 1 ABSTRACTOF VOTES cast in the CounlylCity @f VIRGIt4IA BEACH Virginia, I althe n,- r p I election held on raly I 0 19 88 FOR b@r, City Council (At Large) (1 seat) Tot.1 V.tes Recei@.d N.mes of Ca.did.t@s (in Fipr.s) Joshua F. Edwards, Sr. 1,895 Harnld Hei-,(-hobpr 14,993 nplrpnr) r- Milp.-, 1,855 John 0. Parmele, Jr. 2,585 Barnett K. Thoroughgood 5,762 Caro lyn Ruth Bennett 2 @Tc)hn Himp Cox 1 Bob Engesser 2 iiilliam Gambrell 1 Don Barry LipscaTb 1 We, the utidersigited Elecloral Board, upon exainination of ihe official records deposited with the Clerk of the Circuit Court of the election on may 10 , 19 88 do hereby certify that the above is a true and correct A bstract of Votes cast at said election and do therefore deterl?line and declare that thefollowing receiv- ed the greatest nuinber of votes cast iii said election: Harold Heischober for the office of 1,@r City Council (At Large) Given under our hands this eleventh da@of -f @lay '19 88 Chairnion Vice Chairnian A c@py leste: Secretary Secretary, Electoral Board f,larl,, Snyder 1 I I VIRGINIA BEACH ABSTRACTOF VOTES cast in the CountylCity @r Virginia. I at the (---nc-ral election held on r4ay 10 /g 88 FOR r, City Council (Blaclwater Borough) (1 seat) Total V.tes Re..ived Na..s f C.ndid.tes (In Figures) Johri A. Batun 14,203 Arthur "Art" Beatt,,, 6,509 Gloria K. Jasinowski 4,455 Harper Donalioe 2 i3ob Fngesser 1 Howard C. Gilliam 1 We, the uiidersigned Electoral Board, upon exatnination of the official records deposiled wilh the Clerk of the Circuil Court of the election on tlav 10 19 88 do hereby cerlify that the above is a true and correct A bstract of Votes cast at said election and do therefore deterliline and declare ihat thefollowing receiv- ed the greatest number of votes cast iii said election: John A. BaLn for the office of D@er, City Council (Blackwater Borough) Given under our liands this eleventh 19 88 Chairnian Vice Chairi?zan A @py lesfe: Secretary Secretary, Electoral Board ABSTRACT OF VOTES cast in the Counly1city VIRGINIA BEACH Virginia. at the General election held on l@lay 10 19 88 FOR D@r, City Council (Princess Anne Borough) 1 seat Total Votes R.@@i@,d Na.es of C.ndid.tes (In Figu,es) Reba S. Itclanan 21,671 Thomas Abbott 6 Anyone Else 1 Eugene Bolick 1 Bullwinkle 1 Vlalter E. Carter 1 Denis A. Crisp 1 Bruce Darrin 1 Bob Engesser 1 G. Freenan 1 We, ihe undersigned Electoral Board, upon exaniination of ihe official records deposited with the Clerk of ihe Circuit Court of the election on @v 10 , 19 88 do hereby certify that the above is a true and correci Absiract of Voles cast at said election and do therefore deterinine and declare that thefollowing receiv- ed the greatesi nuniber of votes cast iii said election: Reba S. bbclanan for the office of r, City Council (Princess Anne Borough) Given under our hatids ihis eleventh 19- 88 Chairinan Vice Chairtyion A opy leste: Secretary Secrelary, Electoral Board Gerald L. Fr@ 1 @,lilliarn David Harvey 1 Perry W. Jackson 1 Slyvia Johnson 1 Bob Jones 1 14rs. Landry 1 Johnny Lindsey 1 Sue Lipsccrrb 2 Robert Marino 1 Henry IIcCoy 1 Lou Pace 1 Roy Pallette 1 Jim Phelan 1 Doris C. Pierce 1 @l L. Royer 1 Paul Sciortino 1 Stan Stallings 2 Daniel Tenpleton 1 C. D. Thcrias 1 I-lichael Allen Topliff 2 Don 1.@eblood Tony @lashington Don Wooland Ann E. Zingra-@f-Newton 1 ABSTRACT OF VOTES cast in the CountylCity Olf VIRGINIA BFACH Vigini,, at the General - eleclion held on riav 10 ]g 88 FOR r, City Council (Virginia Beach Borough) 1 seat T.t.1 V.tes Re@eind N.m.s.f C..did.te. (I. Figu,es) Robert E. Fentress 20,519 ,qharnn iillpn Adim.-, I David Barr@,7s 1 J@s H. Beauchanp 1 Rollin Brass 1 qrot-t- Riir(9pt-t- 1 Janies Chandler 1 Jar,ies Clark 1 Steven Crisp 1 We, the undersigned Electoral Board, upon examination of the official records deposited with the Clerk of the Circuit Court of the election on @lav 10 19 88 do hereby certify that the above is a true and correct A bstract of Votes cast at said election and do therefore deterl??ine and declare that thefollowing receiv- ed the greatest nuiitber of votes cast iii said eleclioll: Robert E. Fentress for the ffice of '-@r, City Council (Virginia Beach Borough) Given under our hands this eleventh day nf f@lav Ig 98 Chairnian Vice Chairt?ian A copy leste: Secretary Secretary, Elecloral Board Dr. Vlayne Eiban, D.C. 1 Bob Engesser 2 Virginia Jams I Butch Kitchen .1 Benjamin Larermnt 1 1--lanson 1 Robert llarino 1 H. S. Sam Meyers 1 14ickey @use 1 Earl L. Royer 1 Rocky 1 Earnest Snidle 1 Ken Stallings 2 Daniel Tenipleton 1 Jams Thunpston 1 Eddie tlatts 1 Frank Zappa 1 ABSTRACTOF VOTES cost in the CounlylCity @r VIRGINIA BEACH Virginia, I atthe gpeciil election held on I-lay 10 19 88 FOR r@r, City Council (At Large) 1 seat Tot.1 V.tes R.@@i@ed Na..%.f C..did.tes (in Fipres) Georgette Constant-Davis 6,436 1 6 102 .,hpl(inn T.- (-e)rnpr @V.D. "Vlill" Sesscms, Jr. 13,336 Norvell Coston 2 Bob Engesser 2 Hnward G. Jc)hnqc)n 1 Vlilliam l@ 1 We, the undersigned Electoral Board, upon examination of the official records deposiled with the Clerk of the Circuit Court of the election on @y 10 19 88 do hereby cerlify that ihe above is a true and correct A bstraci of Votes cast at said election and do therefore determine and declare ihat thefollo wing receiv- ed the greatesi nuinber of votes cast iii said election: W.D. "Viill" Sesscms, Jr. f,r the office f 1.@@r, City Council (At Large) 1 seat Given under our hatids this eleventh -@d av 88 19- Chairman Vice Chairt?ian A copy lele: -7 L Secretary Secretary, Elecloral Board - 47 - Item IV-N.l. ADJOURNMENT ITFM # 29520 Upon motion by Councilman Moss and BY ACCLAMATION, City Council ADJOURNED the Meeting at 4:23 P.M- B.ve,l @..k Chief Deputy City Clerk -I(uth Hodfes Smith, CMC City Clerk City of Virginia Beach Virginia - 47 - Item IV-N.1. ADJOURNMENT ITEM # 29520 Upon motion by Councilman Moss and BY ACCLAMATION, City Council ADJOURNED the Meeting at 4:23 P.M. Chief Deputy City Clerk .guth Hod~es Smith, CMC City Clerk City of Virginia Beach Virginia June 6, 1988