HomeMy WebLinkAboutMAY 9, 1988
"WORLD'S LARGEST RESORT CITY"
C@ (',OUNCIL
MAYOR ROBERT G. JONES, A, L,,g@
VICE?,fAYOR MEYERA E OBERNDORF, A, Llg,
ALBERT W BALKO, B,@@gh
JOHN A. BAUM, Bl@,k.,,- @@,h
ROBERT E FENT@SS, V,,i@i. B,-h B-.,h
tiAROLD HEISCHORER, A, L,,,
BARBARA M HENLEY, P@.g,, @@gh
REBA S M@,CL.ANAN, Ai@,, A@@, B-.gh
JOHN D MOSS, K,.,-Ii, B,@.gh
NANC.Y K PARKER, A, L,,g,
JOHN L. PERRY, B@,,i@ @@.,h 281 CITY HALL BUILDING
MUNICIPAL CENTER
AUB@ V. WAM, j@, @il, M.@@ CITY COUNCIL AGENDA VIRGINIA BEACH, VIRGINIA 23456 9002
J. D@ MMWN, Ci@ Al.- (804) 427-4303
R@H HO@O W@.. -/@, Ci@ C@k
14AY 9, 1988
ITEM I. COUNCIL C019FERENCE SESSION - Conference Room - 12: NOON
A. CITY COUNCIL CONCERNS
ITEM II. I14FORMAL SESSION - Conference Room - 12:30 PM
A. CALL TO ORDER - Mayor Robert G. Jones
B. ROLL CALL OF COUNCIL
C. RBCESS TO EXE)CUTIVE SESSION
ITEM ITI. FORMAL SESSION - Council Chamber - 2:00 PM
A. INVOCATION: Reverend Willis Betts
Memorial United Methodist Church
B. PLEDGE OF ALLEGIANCE TO THE FIAG OF THE UNITED STATES OF AMERICA
C. ELECTRONIC ROLL CALL OF CITY COUNCIL
D. ADOPRION OF ITEZ4S FOR THE FORMAL AGENDA
E. MINUTES
F. PROCLAMATIONS
1. MUNICIPAL CLERK'S WEEK
May 8-14, 1988
2. RURITAN WEEK
May 15-21, 1988
G. PUBLIC HEARING
1. FISCAL YEAR 1988/1989 OPERATING BUDGET
H. ORDINANCES
1. Ordinance upon FIRST READING to APPROPRIATE for the Fiscal Year
beginning July 1, 1988 and ending June 30, 1989, the sum of
$527,979,856 for operations and $188,879,621 in Interfund Transfers
and regulating the payment of money out of the City Treasury, as
amerid ed .
2. Ordinance upon FIRST READING to ESTABLISH the tax levy on real
estate for Tax Fiscal Year 1989.
3. Ordinance upon FIRST READING to ESTABLISH the tax levy on personal
property and machinery and tools for the Calendar Year 1989.
4. Ordinance upon PIPST READING to AMEND and REORDAIN Section 35-207
of the Code of the City of Virqinia Beach, Virginia, pertaining to
the Tax Levy on the sale of cigarettes.
5. Ordinance to @D and RECRDAIN Section 31-61, Subparagraphs (a)
and (b), of the Code of the City of Virginia Beach, Virginia,
pertaining to the charge for depositing solid waste at City refuse
disposal areas.
6. Ordinance to AMEND and REORDAIN Sections 2-363 and 2-367 of the
Code of the City of Virqinia Beach, Virqinia, to REPEAL Sections
2-364, 2-365, 2-366 and 2-369 of the Code of the City of Virginia
Beach, and to renumber Section 2-368 of the Code of the City of
Virginia Beach.
I. PUBLIC HEARING
1. PLANNING
a. Applications of William S. Budgins for Change of Zoning
District Classifications on property located on the Southwest
corner of Northampton Boulevard and Powell's Point Road
(Bayside Borough):
E'rom A-2 Apartment Di str ic t to A-3 Apartment District,
containinq 13.07 acres;
AND,
From R-5 Residential District to A-3 Apartment District,
containing 27,007.20 acres.
Recornmendation: WITHDRAWAL
b . Application of Checkered Flag Motor Car 00., Inc. for a
Conditional Use Pemit for motor vehicle sales and repair
To-cated South of irginia Be c@h Boulevard, 620 feet more or
less East of Clearfield Avenue (5209 Virginia Beach Boulevard),
containing 1.75 acres (Bayside Borough).
Recommendation: APPROVAL
C. Application of MDusa Mahagerefteh c/o laperial motors for a
Conditional Use Permit for automobile sales located on the
@uthwest corner f Virginia Beach Boulevard and Horace Avenue
(4839 Virginia Beach Boulevard), containing 22,215.60 square
feet (Bayside Borough) .
Recommendation: APPROVAL
d. Application of Coastal Auto Sales, Inc. for a Conditional Use
Permit for motor vehicles sales and service located on the
orth side of Shore Drive, 383.24 feet East of Pleasure House
Road, containing 25,265 square feet (Bayside Borough).
Recommendation: APPROVAL
e. Application of Willie Rogers for a Variance to Section 4.4(b)
of the Subdivision Ordinance, which requires lots being created
in the R-5 Residential District to meet the minimum lot width
requirement of 80 feet, on property located at 1477 Shoveller
Avenue (Lynnhaven Borough).
Recommendation: APPROVAL
f. Application of Thomas and Claire C. Duckett for a Variance to
Section 4.4(b) of the Subdivision Ordinance, which requires all
single family lots being created in the R-8 Residential
District to meet the minimum lot width requirement of 45 feet,
on property located at 2451 Potters Road (Lynnhaven Borough).
Recommendation. DENIAL
g. Application of 7 Associates, a Virginia General Partnership,
for a Variance to certain elements of the Subdivision
Ordinance, which requires lots created by subdivision shall
meet all requirements of the Zoning Ordinance, Located at 5147
Shore Drive (Bayside Borough).
DEFERRED: 2/22/88
Recommendation: DENIAL
h. Application of the City of Virginia Beach to AMEND and REORDAIN
Sections 215 and 216 of the CLty Zoning Ordinance pertaining to
nonconforming signs and billboards.
Recoinmendation: APPROVAL
J. RESOLUTION
1. Resolution DIRECTIRG the Planning Commission to consider and make
its recommendation concerning possible changes in zoning and land
uses in Target Areas.
Recommendation: REFERRAL to Planning Commission
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 any item is removed from the Consent
Agenda, it will be discussed and voted upon separately.
1. Ordinance upon SBCOND READING to APPROPRIATE $63,000 from the
General Fund Balance to the Plaza Volunteer Fire Department for
repayment of a bank loan for two ambulances.
2. Ordinance upon SECOND REIKDING to APPROPRIATE $9,326 to the ?Antal
Health and tqental Retardation Contractual Services Fand and
Substance Abuse Services and that revenue frorn The Commonwealth of
Virginia to the Mental Health and Mental Retardation Contractual
Services Fund be increased by $9,326.
L. CtqFINISHED BUSINESS
M. NEW BUSINESS
1. REQUEST FOR RECONSIDERATIOII in the April 25, 1988, denial of the
S.A.S. Oceanfront Associates' application for a non-conforming use
on the Northeast corner of Atlantic Avenue and Taskin Road
(Virginia Beach Borough) . The applicant did not receive the proper
notice of the April 25th Session and would like to be present when
this is scheduled for another hearing.
N. ADJOURNKENT
5
Item IV-E.1
MINUTES ITEM 29387
Upon motion by Councilman Fentress, seconded by Councilman Balko, City
Council APPROVED the MINUTES of the INFORMAL & FORMAL SESSIOMS of May 9,
1988.
Councilwoman Parker referenced ITEM # 29353, Page
34:
Resolution DIRECTING the Planning Commission to
consider and make its recommendation concerning
possible changes in zoning and land uses in Target
Areas.
Councilwoman Parker requested the Resolution be
clarified to spell out Citizens Advisory Committee
not just the initials - GAG.
" ... That the Planning Commission in conjunction
with the Citizens Advisory Committee is
hereby directed to consider... It
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
M I N U T E S
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
May 9, 1988
The CITY COUNCIL CONCERNS of the VIRGINIA BEACH CITY COTJNCIL was called to
order by Mayor Robert G. Jones in the Conference Room, City Hall Building, on
Monday, May 9, 1988,at 12:00 NOON.
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 D.
Perry
Council Members Absent:
None
- 2 -
CITY MANAGFRIS ITEMS
CERTIFICATE OF OCCUPANCY PERMIT
ITF14 # 29315
The City Manager distributed a Proposed Housing Inspection Ordinance
(CERTIFICATE OF OCCUPANCY PERMIT). (Said Ordinance is hereby made a part of the
record.)
Council Members referenced numerous calls from citizens relative this proposed
ordinance. Councilman Moss suggested a Second Workshop with the Public to be
aware of the proposed modification to the Ordinance.
Vice Mayor Oberndorf had previously suggested a BRIEFING by Permits and
Inspections Department to educate individuals relative the time delays, if said
homes did not pass inspections, particular items of concern which cause
financial as well as emotional stress. Vice Mayor Oberndorf suggested
reviewing the Ordinance from the City of Norfolk and its success in upgrading
the neighborhoods. Vice Mayor Oberndorf agreed another Workshop would be most
beneficial.
Councilman Perry advised of 1110111 houses in Green Run with fireplaces that can
not be utilized.
The City Manager advised they have been working toward the preparation of
brochures to educate the citizenry and specific check-off sheets for the
Housing Inspectors.
Councilwoman Henley advised the Virginia Beach Tomorrow Task Force did not
recommend this specific Ordinance but their housing section did recommend one
very close to this particular one. The section relative housing stock is very
pertinent to reread.
Councilman Moss suggested a PUBLIC HEARING relative this Ordinance be SCHEDULED
at another location rather than the City Council Chamber.
The City Manager advised a Program relative this Ordinance was presented on
Channel 29.
Mayor Jones suggested a package containing statistical data, the Norfolk
experience and a draft of said Ordinance, be made available for the public.
Councilman Heischober advised he had been receiving calls from senior citizens
reiterating they did not wish their estate to be subjected to this Ordinance.
Vice Mayor Oberndorf stated the City Attorney is preparing an opinion regarding
the constitutionality and infringement of said Ordinance.
As the PUBLIC HEARING has been advertised for the City Council Meeting of May
16, 1988, same will be held. However, this Ordinance will not be ADOPTED at
this date.
- 3 -
ITEMS OF THE CITY MANAGER
ITEIci # 29316
The City Manager distributed an Ordinance to Transfer $104,000 within the
Erosion Council Operating Budget to allow purchase of Additional Sand for the
Resort Area Beach.
During the April 13-14 Northeaster, approximately 40,000 yards of sand,
recently deposited on the beach during the truck haul, were lost due to
erosion. The Erosion Council at its April meeting, acting on the advice of its
consulting engineer, decided to request the City transfer the funds to place
the remaining sand (approximately 23,000 yards) at the Lynnhaven stockpile and
at the resort strip beach. The City Manager requested this item be ADDED to the
Agenda.
The City Manager advised the Contractor, although licensed in North Carolina,
was the low bidder and has a Virginia Contractor's License.
ITEM # 29317
The City Manager referenced the addition of a Resolution Ratifying he
Distribution of Offering Circular in Connection with the Issuance and Sale ol-
$2,000,000 General Obligation Public Improvement Bonds, Series of 1988B
(Capital Appreciation Minibonds).
This item will be ADDED to the Agenda.
ITEM # 29318
The City Manager distributed a Memorandum relative modification of the YY
1988-89 OPERATING BUDGET.
Vice Mayor Oberndorf advised the Association of Retired Persons and the Mayor's
Committee on the Aging are concerned relative the increase fee from $10 to $25
on the Golden Age Club Lifetime Membership Cards. Vice Mayor Oberndorf
requested decreasing the fee proposed for Golden Age Club Lifetime Membership
from $25 to $15 in the Parks and Recreation Budget.
The City Manager advised Senior Citizens receive a 50% discount on all the
various class registration fees in addition to the Lifetime Membership Card.
Councilman Moss inquired relative the updating of the Cameras in the Council
Chambers. The City Manager will provide data.
Councilman Perry referenced the possibility of an individual being employed to
personally contact the elderly to educate them relative certain exemptions on
taxes.
- 4 -
C I T Y C 0 U N C I L C 0 N C E R N S
ITEM # 29319
Councilwoman Henley referenced the TRT PUBLIC HEARING relative proposed fare
changes. The two changes affecting Virginia Beach would be:
Eliminate the Children's (under 5 years old) 'half
fare on the Oceanfront Trolley.
Increase Zone Fare on the Handi-ride service by
25cts-
(This would not affect the elderly and handicapped
rate on the main line.)
The reduction in Federal subsidy to Mass Transit has been substantial and will
probably be greater this coming year.
ITEM # 29320
Councilman Baum advised North Carolina had their elections on the First
Tuesday. Mr. Baum requested the City Attorney's advice relative strict
adherence to the City's Election Day on the the First Tuesday in May.
ITEM it' 29321
Council Members Balko and McClanan attended a Meeting at Bow Creek Recreation
Center by the HOLIDAY RAMBLER R.V. CLUB, Thursday, MaY 5, 1988. Inadvertently
in the passage of the City Zoning Ordinance, the number of hours was reduced
that the Recreational Vehicles can be parked on their lots from 24 hours to 12.
887 notices were given for Recreational Vehicles and junk vehicles in this
particular area. Of this, approximately 176 tickets were given for Recreational
Vehicles parked in front of homes. Councilwoman McClanan inquired whether the
City was going to pursue the issuance of tickets. The fee for the Variance has
changed from $10 to $100. When the citizenry attempt to procure a Variance,
they are informed the Board of Zoning Appeals is not granting Variances.
Councilwoman McClanan advised the owners of the recreational vehicles cannot
procure insurance on said vehicles, if they find another place to store them.
Their homeowner's insurance does not cover them. The R.V. owners stated City
Council was not granting the Conditional Use Permits for places to store these
vehicles. Councilwoman McClanan believed tickets can be issued on a "complaint
only" basis.
The personal property tax on many of these vehicles is significant.
Councilma,i Balko advised if the lot is too small, the RV cannot be moved to the
side of the lot or in the back. The Tickets were given out in the Plaza and
Windsor Woods Area.
ITEM # 29322
Councilman Moss advised of his attendance at the V-DOT Public Hearing
Wednesday night at Lake Taylor High School on MaY 4, 1988. A Statement had
been prepared by Jack Whitney relative the proposed Statewide Noise Abatement
Policy.
Councilman Moss advised this would entail a significant expense. There were
only approximately 20 people in attendance.
- 5 -
0 I T Y C 0 U N C I L C 0 N C E R N S
TTEM # 29323
Councilman Fentress advised many of the igsues discussed relative control of
the aesthetics of the City are infringing on personal property rights.
ITEM # 29324
Councilwoman Parker referenced the Sister City Program which is meeting
monthly. Councilwoman Parker inquired whether the City Council would be
interested in this program.
Vice Mayor Oberndorf referenced the concept was exciting but inquired relative
the financial aspect.
- 6 -
ITEM # 29325
The INFORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL was called to order by
Mayor Robert G. Jones in the Conference Room, City Hall Building, on Monday,
May 9, 1988, at 1:03 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
- 7 -
ITal ;@ 29326
Mayor Robert G. Jones entertained a motion to permit City Council to conduct
its EXECUTIVE SESSION, pursuant to Section 2.1-344, Code of Virginia,
as amended, for the following purposes:
1. PERSONNEL 14ATTERS: Discussion or consideration of employment, assignment,
appointment, promotion, performance, demotion, salaries, disciplining or
resignation of public officers, appointees or employees.
2. LEGAL MATTERS: Consultation with legal counsel or briefings by staff
members, consultants or attorneys, pertaining to actual or potential
litigation, or other legal matters within the jurisdiction of the public
body.
Upon motion by Councilman Moss, seconded by Councilman Balko, City Council
voted to proceed in@@o EXECUTIVE SESSION.
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Harold Heischober,
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 l@ay:
None
Council Members Absent:
None
8
F 0 R M A L S E S S I 0 N
VIRGINIA BEACH CITY COUNCIL
May 9, 1988
2:00 P.M.
Mayor Robert G. Jones called to order the FORMAL SESSION of the VIRGINIA BFACH
CITY COUNCIL in the Council Chambers, City Hall Building, on Monday, May 9,
1988, at 2:00 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
INVOCATION: Reverend Willis Betts
Memorial United Methodist Church
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE TMITED STATES OF AMERICA
- 9 -
ADOPTION OF ITEMS
Item III-D.l. ITEM # 29327
The City Manager referenced the addition of an Ordinance To Transfer $104,000
within the Erosion Council Operating Budget to allow purchase of additional
sand for the Resort Area Beach.
This item will be ADDED as Item No. 6 under ORDINANCES.
Item III-D.2. ITEM # 29328
The City Manager referenced the addition of a Resolution Ratifying the
Distribution of Offering Circular in Connection with the Issuance and Sale of
$2,000,000 General Obligation Public Improvement Bonds, Series of 1988B
(Capital Appreciation Minibonds).
This item will be ADDED under RESOLUTIONS.
Item III-D-3- ITEM # 29329
The City Clerk referenced a letter from Attorney Andre Evans requesting
WITHDRAWAL of the application of 7 Associates, a Virginia General
Partnership, for a Variance to certain elements of the Subdivision Ordinance,
which requires lots created by subdivision shall meet all requirements of the
Zoning Ordinance, located at 5147 Shore Drive (Bayside Borough). (See Item
III-I.l.g of the PLANNING AGENDA.)
This item will be MOVED FORWARD.
Item III-D.4. ITEM # 29330
Councilwoman McClanan referenced the addition of an item under UNFINISHED
BUSINESS relative an Ordinance to amend Transitional Rules followed in
revision of the CZO (ADOPTED on 5/2/88).
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.
- 10 -
Item III-E.l.
MINUTES ITEM # 29331
ADD-ON
Upon motion by Councilman Balko, seconded by Councilman Fentress, City
Council AMENDFD the Minutes of April 25, 1988.
PAGE 33, ITF!4 # 29270
ORDINANCE UPON APPLICATION OF A. D. PRICE AND J. L.
STYRON FOR A CONDITIONAL USE PERMIT.
The following verbiage shall be deleted from the
MINUTES:
*"This application will possibly affect the
proposed alignment of the Southeastern Expressway."
Councilman Moss advised this verbiage was included in the Staff's
recommendation but was not the basis upon which the City Council voted for
DENIAL.
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Harold Heischober, Barbara M. lienley, Mayor Robert
G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor
Meyera E. Oberndorf, Nancy K. Parker and John L.
Perry
Council liembers Voting Nay:
None
Council Members Absent:
None
Item III-E.2/3-
MINUTES ITF14 29332
Upon motion by Councilwoman Parker, seconded by Councilman Fentress, City
Council APPROVED the MINUTES of the PUBLIC HEARING of the FY 1988/1989
OPERATING BUDGET of April 28, 1988 and the INFORMAL & FORMAL SESSIONS of May 2,
1988.
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Harold lieischober, Barbara M. Henley, Mayor Robert
G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor
Meyera E. Oberndorf, Nancy K. Parl@er and John L.
Perry
Council Members Voting Nay:
None
Council Members Absent:
None
- 12 -
Item III-F.l.
PROCLAMATION ITEM # 29333
Mayor Jones PROCLAIMED the week of May 8-14, 1988, as:
MUNICIPAL CLERK'S WEEK
This PROCLAMATION recognized the accomplishments of the Municipal Clerk and her
Deputy City Clerks who preserve the past with an eye always on the future of
our democratic process.
- 13 -
Item III-F.2.
PROCLAMATION ITEM # 29334
Mayor Jones PROCLAIMED the week of May 15-21, 1988 as:
RURITAN WEEK
Councilman John Baum read the PROCLAMATION.
This PROCLAMATION recognized the tremendous endeavors of the six Ruritan Clubs
in the City of Virginia Beach for their public service, charitable deeds and
contributions. Their activities result in innumerable acts of unselfish service
to those neighbors and others suffering misfortune and severe hardship.
Cotton McClenny, National Director, Ruritan National ACCEPTED the PROCLAMATION.
Robert Vaughan, Commissioner of Revenue, was in attendance.
- 14 -
Item III-G.l.
PUBLIC HEARING ITEM # 29335
Mayor Jones DECLARED a PUBLIC HF.ARING:
FISCAL YEAR 1988/1989 OPERATING BUDGET
The following spoke relative the BUDGET:
Mary Ellen Cox, 1140 Little Neck Road, Phone: 486-2511, Treasurer - Hospice
Care, Inc. Hospice Care, Inc. was incorporated in September 1987 as a 501-C-
non-profit organization. The first patient was received on October 28, 1987.
Since that time there have been thirty-five (35) patient referrals from
Virginia Beach physicians, as well as from the Virginia Beach Department of
Public Health and Virginia Beach General Hospital. Hospice Care, Inc. has
trained 23 active volunteers and are presently completing their second cycle of
training. The President of Hospice Care, Inc., is Dr. Wayne Ferguson, Chairman
of the Department of Surgery at Virginia Beach General Hospital. Mary Ellen Cox
requested Hospice Care, Inc. be included in the current BUDGET to the level and
extent the other Hospice is being funded.
Fran Nelson, Executive Director, Hospice Care, Inc. distributed a packet of
information to City Council detailing the differences between the two Hospices,
as well as press coverage received relative Hospice Care, Inc., and letters of
resignation of Volunteers from Hospice of Virginia Beach, Inc., who now work
for Hospice Care, Inc.
Dr. Vincent J. Speckhart, 2200 Leeward Shore Drive, Phone: 481-6821 and 463-
0010, President of Hospice of Virginia Beach, Inc. Dr. Speckhart requested
continued support of Hospice of Virginia Beach, Inc. Hospice of Virginia Beach
was incorporated in February, 1980 and the first clients were received in
November 1980. Since their inception there has been a total of 253 clients.
There have been donations, exclusive of support of the City Council, in the
amount of $21,312. There has been a total of 6,924 volunteer hours in 1985,
1986 and 1987. Dr. Speckhart has treated cancer patients exclusively in this
area for nineteen (19) years and is an Assistant Professor of Medicine at the
Eastern Virginia Medical School, Member in Good Standing of the Department of
Medicine of General Hospital of Virginia Beach and First Chairman of the Home
Care Committee at DePaul Hospital. Dr. Speckhart requested continued support.
Robert Engesser, 5290 Vestry Drive, Phone: 499-3157, resident of Kemspville,
requested the Budget be "rolled-back" to last year's level. Robert Engesser
requested security on his property for his life.
Lou Pace, 1908 Hunts Neck Court, Phone: 468-0925, represented himself. Lou Pace
suggested the possibility that personal property tax be added to the mortgag
payment. Lou Pace advised the 3% salary increase proposed for City Employees
was not sufficient. Better health benefits should also be provided. Lou Pace
referenced Page R-3 of the Revenues.
There being no further speakers, the Mayor CLOSED the PUBLIC HEARING.
1 5
Item III-H.l.
ORDINANCES ITEM # 29336
Upon motion by Councilman Fentress, seconded by Councilman Balko, City Council
APPROVED upon FIRST RFADING:
Ordinance to APPROPRIATE for the Fiscal Year
beginning July 1, 1988 and ending June 30, 1989,
the sum of $527,979,856 for Operations and
$188,879,621 in Interfund Transfers and regulating
the payment of money out of the City Treasury, as
amended."
Councilman Moss requested Section 2, Line 13 be AMENDED:
The words,"..with the exception of the School
Board" shall be inserted after the words "..as may
best meet the uses and interests of the City."
Councilwoman Henley referenced the TRT rate increase for fares:
Eliminate 'half fare for Children under five years
on the Oceanfront Trolley
Increase of 25cts handi-ride fare.
$780,000 has been appropriated to Tidewater Transit District Commission. If
there is a significant budgetary impact, the City Staff will analyze same prior
to the SECOND READING of the Budget.
The YY 1988/1989 OPERATING BUDGET will fund Hospice Care, Inc. and Hospice of
Virginia Beach, Inc. to the extent of $8,500 each.
The revisions offered for City Council's consideration will be reflected in the
amended ordinance for SECOND READING of appropriations on May 16, 1988.
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
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 the Virginia 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. (Said letter is hereby
made a part of the proceedings.)
AN ORDINANCE MAKING APPROPRIATIONS FOR THE FISCAL
YEAR BEGINNING JULY 1, 1988 AND ENDING JUNE 30,
1989, IN THE SUM OF FIVE HUNDRED TWENTY-SEVEN
MILLION, NINE HUNDRED SEVENTY-NINE THOUSAND,
EIGHT HUNDRED FIFTY-SIX DOLLARS ($527,979,856)
FOR OPERATIONS AND ONE HUNDRED EIGHTY-EICHT
MILLION, EIGHT HUNDRED SEVENTY-NINE THOUSAND,
SIX HUNDRED TWENTY-ONE DOLLARS ($188,879,621)
IN INTERFUND TRANSFERS AND REGULATING THE PAYMENT
OF MONEY OUT OF THE CITY TREASURY, AS AMENDED.
WHEREAS, the City Manager has heretofore submitted to the Council an Annual
BudgeL for the city for the fiscal year beginning July 1, 1988, and ending
June 30, 1989, and it is necessary to appropriate sufficient funds to cover said
budget.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA:
Section 1. That the amounts named aggregating SEVEN HUNDRED SIXTEEN
MILLION, EIGHT HUNDRED FIFTY-NINE THOUSAND, FOUR HUNDRED SEVENTY-SEVEN DOLLARS
($716,859,477) consisting of ONE HLINDRED EIGHTY-EIGHT MILLION, EIGHT HUNDRED
SEVENTY-NINE THOUSAND, SIX HUNDRED TWENTY-ONE DOLLARS ($188,879,621) in interfund
transfers and FIVE HUNDRED TWENTY-SEVEN MILLION, NINE HUNDRED SEVENTY-NINE
THOUSAND, EIGHT HUNDRED FIFTY-SIX DOLLARS ($527,979,856) for operations or so
much thereof as may be necessary as set forth in the Annual Budget for the fiscal
year 1988-1989, are hereby appropriated subject to the conditions hereafter set
forth, for th6 year 1988-1989, for the se of the several departments and
specially designated funds of the city government, and for the purpose hereafter
mentioned, as set forth in said Annual Budget, hich is hereby incorporated by
reference, for the fiscal year beginning July 1, 1988 and ending June 30, 1989 as
follows:
APP,P
SUFFiC
CITY ATTORN@Y
Budget
Item of Expendit.re 1988-1989
------------------- ---------
GENERAL FUND
LECISLATIVE DEPARTMENT:
01010 Municipal Council $ 329,314
01011 City Clerk 231,566
--------------
Total $ 560,880
--------------
EXECUTIVE DEPARTMENT:
02010 City Manager $ 609,814
02011 Public Information Office - Administration 339,970
02016 Public Information Office - Media Services 180,045
--------------
Total $ 1,129,829
--------------
LAW DEPARTMENT:
03010 City Attorney 1,443,486
--------------
FINANCE DEPARTMENT:
04001 Commissioner of the Revenue $ 2,088,854
04011 Board of Equalization 13,773
04012 City Real EstaLe Assessor 1,267,061
04020 Treasurer 2,379,035
Director of Finance:
04030 Administration 407,454
04033 Comptroller's Office 1,170,177
04034 Payroll 325,238
04035 Business License Audit 346,746
04037 Internal Audit 188,303
04051 Independent Financial Services 74,000
04040 Purchasing 503,211
--------------
Total $ 8,763,852
--------------
PERSONNEL DEPARTMENT:
05001 Administration $ 293,118
05002 Employee Relations 262,103
05003 Testing and Selection 298,164
05004 Compensation Administration 292,238
05005 Training and Development 305,903
--------------
Total $ 1,451,526
--------------
JUDICIAL DEPARTMENT:
Courts and Public Defender:
06011 Circuit Court $ 221,645
06016 General District Court 45,260
06017 Juvenile and Domestic Relations District Co.rt 30,858
06018 Public Defender 16,000
06041 Clerk of the Circuit Court 335,759
06134 Magistrates 11,330
Commonwealth's Attorney:
06020 Commonwealth's Attorney 1,498,673
06021 Commonwealth's Attorney Welfare Fraud 64,050
06022 Consumer Protection 161,375
Sheriff and Corrections:
06032 Sheriff's Office 778,055
06033 Court Support Services 446,774
06034 Correctional Operations 4,391,656
Juvenile Probation:
06210 Juvenile Probation 524,409
--------------
Total $ 8,525,844
HEALTH DEPARTMENT:
07011 Preventive Medicine $ 1,735,457
07013 Occupational Health 314,598
07014 Constractual Health Services 560,900
--------------
Total $ 2,610,955
--------------
Budget
Item of Expendit.re 1988-1989
------------------- ---------
GENERAL FUND
SOCIAL SERVICES DEPARTMENT:
08010 Director of Social Services $ 7,810,446
08020 Public Assistance 2,786,500
08030 Hospitalization 669,500
--------------
Total $ 11,266,446
--------------
POLICE DEPARTMENT:
Administration:
09010 Police Chief's Staff 2,371,131
09014 Planning and Analysis 404,421
09015 Personnel and Training 769,839
09017 Services 2,123,021
Uniform Division:
09011 Auxiliary Police 45,811
09020 Patrol and Administrative Support 15,897,795
09021 S.P.O.T. 4,088,593
09027 Communications Division 3,466,002
09028 Investigative Division 2,798,377
09112 Animal Control 947,204
09213 Medical Examiner 8,363
--------------
Total $ 32,920,557
--------------
PUBLIC WORKS DEPARTMENT:
Administration:
10010 Director's Office 235,405
10011 Real Estate Office 417,070
10012 Business Office 202,299
Highway Division:
10110 Administration 825,102
10111 Inspections 1,125,975
10113 Street Maintenance 5,907,009
10114 Drainage Maintenance 2,136,436
10115 Bridge Maintenance 1,404,255
Engineering Division:
10210 Administration 324,594
10211 Plan Review 461,177
10212 Surveying 828,147
10213 Mapping 738,910
10214 Drafting 325,709
10215 Waterfront Operations/Inspections 247,612
10216 Special Projects 399,625
10217 Building ConStruction 383,186
Traffic Engineering Division:
10250 Administration 382,721
10251 Signal Operations 1,276,480
10252 Signs and Markings 1,190,437
10253 Design and Plan Review 4,774,156
Solid Waste Division:
10310 Solid Waste Administration 313,427
10311 Refuse Disposal 4,927,624
10312 Refuse Collection 9,039,144
10313 Sanitation Inspections 272,630
10410 Mosquito Control 1,581,603
--------------
Total 39,720,733
PARKS AND RECREATION DEPARTMENT:
11010 Director of Parks and Recreation 465,231
Parks and Maintenance:
11011 Administration 220,972
11012 Construction and Maintenance 2,970,477
11022 Parks and Beaches 1,403,443
Recreation:
11035 Owl Creek Municipal Tennis Center 25,934
11070 Virginia Beach Community Center -Kempsville 1,180,485
11071 Bow Creek Community Center 334,609
1107 2Seatack Cormnunity Center 43,635
11080 Administration 501,804
11081 Adult Activities 486,079
11082 Youth Activities 1,051,122
Budget
Item of Expenditure 1988-1989
-------------------
GENERAL FUND
PARKS AND RECREATION DEPARTMENT: (concluded)
Recreation: (concluded)
11083 Athletics 439,162
11084 Shakespeare Festival Program 34,871
11085 Therapeutic Program 448,076
11086 Parks and Recreation Programs Self-Supporting 29,600
11087.Day Care Program 30,598
- ------------
Total 9,666,098
LIBRARY DEPARTMENT:
Administration:
12010 Administration $ 405,889
Public Services:
12012 Great Neck Area Library 303,687
12013 Bayside Area Library 297,086
12014 Oceanfront Area Library 260,341
12015 Kempsville Area Library 328,523
12016 Windsor Woods Area Library 307,512
12018 Extension Services 227,675
12019 Special Services 188,820
12023 Central Library 1,418,934
12026 Municipal Reference 122,317
Support Services:
12020 Cataloging and Processing 533,197
12024 Automated Services 300,895
12025 Collection Management 1,707,977
--------------
Total $ 6,402,853
--------------
PLANNING DEPARTMENT:
13010 Management and Support 682,394
13011 Comprehensive Planning 249,727
13012 Operations 561,066
--------------
Total 1,493,187
AGRICULTURE DEPARTMENT:
14001 Administration $ 173,951
14010 VPI Extension Services 205,621
14110 Farmers' Market 196,730
14120 Environmental Services 72,617
--------------
Total 648,919
DEPARTMENT OF ECONOMIC DEVELOPMENT:
15010 Director of Economic Development 351,432
15210 Civic Center 38,319
15214 Tourist Development 2,608,955
15215 Business Development 669,529
152.16 Convention Promotion 547,942
15217 Pavilion 1,327,367
15218 Parking Lots 38,138
--------------
Total $ 5,581,682
DEPARTMENT OF GENERAL SERVICES:
Administration:
16010 Director of General Services $ 184,409
16011 Employee SSafety 180,008
16012 Francis Land House 92,047
16014 Records and Micrographics 352,063
Building Maintenance:
16020 Management and Support 4,660,912
16021 Electrical 482,411
16022 Heat and Air Conditioning 824,668
16023 General Maintenance 1,916@044
16024 Custodial 2,210,152
Landscape Division:
16031 Administration 486,989
16032 Grounds Maintenance 2,354,958
16033 Beautification 1,519,014
Budget
Item of Expenditure 1988-1989
-------------------
GENERAL FUND
DEPARTMENT OF GENERAL SERVICES: (concluded)
Landscape Division: (concluded)
16034 Clean Community 44,118
16035 Beach Maintenance 326,734
16036 Street Cleaning 427,143
16040 mail DistribuLion 214,103
--------------
Total 16,275,773
--------------
BOARDS AND COMMISSIONS:
17010 General Registrar $ 483,039
17110 Zoning Board of Appeals 21,288
17120 Arts and Humanities Commission 380,000
17130 Mass Transit Operations 780,000
17140 Wetlands Board of Virginia Beach 14,622
17150 Department Volunteer Council 33,100
17160 Erosion Commission 891,427
17170 Joint Cable Center 205,460
17171 Municipal Video Production 155,967
--------------
Total $ 2,964,903
--------------
NON-DEPARTMENTAL:
18010 Grants 757,298
18020 Employee Special Benefits 62,680
18030 Revenue Reimbursements 332,960
18040 Regional Participation 139,320
--------------
Total $ 1,292,258
--------------
FIRE DEPARTMENT:
19001 Administration 574,950
19010 Fire Prevention 1,164,114
19020 Fire Suppression 13,940,340
19021 Fire Training 490,387
19024 Forestry 12,592
--------------
Total $ 16,182,383
--------------
DEPARTMENT OF DATA PROCESSING;
21001 Administration 399,351
21004 Systems and Programming 1,386,679
21007 Computer Operations 2,433,051
--------------
Total $ 4,219,081
--------------
DEPARTMENT OF PERMITS AND INSPECTIONS:
22010 Administration 570,057
22012 Housing Property Maintenance 352,631
22013 Building Inspections 1,067,297
22014 Zoning Code EnforcemenL 382,224
22015 Weights and Measures 116,218
--------------
Total $ 2,488,427
--------------
DEPARTMENT OF MENTAL HEALTH:
23001 Board Office 288,609
Comprehensive mental Health:
23002 Program Cliniciii Support 380,313
23003 Older Adult Services 182,383
23004 Outpatient Services 457,097
23005 Community Rehabilitation 725,438
23006 Emergency Services 550,562
23007 Child and Youth Services 528,403
23017 Older Adults Day TreatmenL 80,678
23913 Child and Youth Day Treatment 114,050
Mental Retardation/DDevelopmental Disabilities:
23008 Program Support 166,634
23009 Residential Services 112,460
23010 Adult Services 353,053
23014 Transportation Program 129,727
23015 Respite Care Program 113,054
Budget
Item of Expenditure 1988-1989
------------------- -_: -------
GENERAL FUND
DEPARTMENT OF MENTAL HFALTH: (conclud6d)
Mental Retardation/DDevelopmental Disabilities: (concluded)
23016 Infant Stimulation Program $ 115,.358
23019 Supported Living Program 76,123
Comprehensive Substance Abuse:
23011 Substance Abuse Services 410,324
23013 Substance Abuse Outpatient Services 628,034
23908 Alcohol Detoxification 320,732
23909 Intensive Services 193,255
23910 Emergency Substance Abuse Treatment 68,445
--------------
Total $ 5,994,732
--------------
OFFICES:
24010 Information Systems Coordination Office $ 490,484
25010 Office of Emergency Management 102,407
26010 Division of Emergency Medical Services 938,280
28010 office of Research and Strategic Analysis 492,588
29010 Office of Budget and Evaluation 617,265
30010 Resort Programs Office 581,498
31010 Office of Environmental Management 153,536
--------------
Total $ 3,376,058
--------------
90000 TRANSFERS TO OTHER FUNDS: $ 180,915,785
--------------
80000 RESERVE FOR CONTINGENCIES:
Regular $ 795,033
Salary 3,690,000
Service Awards 350,000
--------------
Total $ 4,835,033
--------------
TOTAI, GENERAL FUND $ 370,731,280
SCHOOL OPERATING FUND
DEPARTMENT OF EDUCATION:
50010 Instruction $ 143,523,077
50020 Administration 3,137,626
50022 Attendance and HealLh 2,481,761
50023 Pupil Transportation 7,672,607
50024 Operations and Maintenance 22,302,772
50070 Fixed Charges 41,316,853
50081 Summer School 571,721
50082 General Adult Education 353,201
50083 Other Educational Programs 706,568
50090 Capital Outlay 2,647,866
--------------
TOTAL EDUCATION $ 224,714,052
GRANTS CONSOLIDATED FUND
JUDICIAL DEPARTMENT:
06819 CDI89 Administration $ 48,676
06821 CDI89 Case Management 362,424
06822 CDI89 Service Coordinator 269,836
------- ------
Total 680,936
SOCIAL SERVICES DEPARTMENT:
08040 Demonstration Project $ 141,106
-------------
COMMUNITY DEVELOPMENT:
40894 Section 8 Housing $ 111,067
--------------
80000 RESERVE FOR CONTINGENCIES:
Salary $ 7,140
-------------
TOTAL GRANTS CONSOLIDATED FUND 940,249
Budget
Item of Expenditure 1988-1989
------------------- ---------
LAW LIBRARY FUND
LIBRARY DEPARTMENT:
12011 Law Library $ 126,355
--------------
80000 RESERVE FOR CONTINGENCIES:
Salary $ 3,791
--------------
TOTAL LAW LIBRARY FUND $ 130,146
PENDLETON CHILD SERVICE CENTER FUND
JUDICIAL DEPARTMENT:
06702 Pendieton Child Service
Center $ 795,555
--------------
80000 RESERVE FOR CONTINGENCIES
Salary $ 23,280
--------------
TOTAL PENDLETON CHILD SERVICE CENTER FUND 818,835
COMMUNITY DEVELOPMENT FUND
COMMUNITY DEVELOPMENT:
40891 Administration 522,468
40892 Housing Programs 267,738
40893 Housing Counseling 53,753
--------------
Total $ 843,959
80000 RESERVE FOR CONTINGENCIES
Salary 15,077
--------------
90000 TRANSFER TO OTHER FUNDS 25,362
TOTAL COMMUNITY DEVELOPMENT
FUND $ 884,398
MH/MR CONTRACTUAL SERVICES FUND
MENTAL HEALTH/MENTAL RETARDATION/SUBSTANCE ABUSE:
23500 Contractual Services 1,675,816
WATER AND SEWER FUND
DEPARTMENT OF PUBLIC UTILITIES:
20010 Director's Office $ 355,896
20011 Engineering 2,780,571
20016 Water Production/Resources 337,321
20017 Water Purchase 10,765,700
20030 Operations Administration 739,315
20031 Water Distribution 2,394,962
20032 Water Production 1,519,717
20041 Sewer Collection 2,371,202
20042 Sewer Pump Stations 3,115,765
20050 Customer Services 4,212,315
- ------------
Total 28,592,764
70010 REVENUE BOND DEBT SERVICE $ 10,968,676
--------------
90000 TRANSFER TO OTHER FUNDS 6,746,216
80000 RESERVE FOR CONTINGENCIES
Regular $ 699,919
Salary 402,967
--------- ----
Total 1,102,886
TOTAL WATER AND SEWER FUND $ 47,410,542
B.dget
Item of Expendit.re 1988-1989
------------------- ---------
GOLF COURSE ENTERPRISE FIJND
PARKS AND RECREATION DEPARTMENT:
11030 Red Wing Golf Course 660,522
11031 Bow Creek Golf Course 440,160
11032 Kempsville Greens Golf Course 430,790
--------------
Total $ 1,531,472
--------------
90000 TRANSFERS TO OTHER FUNDS $ 330,000
--------------
80000 RESERVE FOR CONTINGENCIES:
Salary 44,753
-------------
TOTAL COLF COURSE ENTERPRISE FUND $ 1,906,225
MARINE SCIENCE MUSEUM ENTERPRISE FUND
OFFICES:
27010 Virginia Museum of Marine Science 992,866
27011 Marine Science Museum Gift Shop 206,751
--------------
Total $ 1,199,617
--------------
80000 RESERVE FOR CONTINGENCIES $ 14,205
--------------
90000 TRANSFERS TO OTHER FUNDS $ 862,258
--------------
TOTAL MARINE SCIENCE MUSEUM ENTERPRISE FUND $ 2,076,080
GENERAL DEBT FUND
70010 Debt Service 44,869,446
FIRE PROGRAMS CAPITAL PROJECTS FUND
FIRE DEPARTMENT:
Fire Programs 419,700
WATER AND SEWER OPERATING REVENUE CAPITAL PROJECTS FIJND
DEPARTMENT OF PUBLIC UTILITIES:
20060 Water Construction $ 803,000
20060 Sewer Construction 1,197,000
--------------
TOTAL WATER AND SEWER OPERATING REVENUE CAPITAL PROJECTS FUND $ 2,000,000
ENGINEERING AND HIGHWAYS GENERAL REVENUE CAPITAL PROJECTS FUND
PUBLIC WORKS DEPARTMENT:
10110 Highway Construction $ 8,893,412
SCHOOL GENERAL REVENUE CAPITAL PROJECTS FUND
DEPARTMENT OF EDUCATION:
50090 School Construction $ 2,105,900
PARKS AND RECREATION GENEPAL REVENUE CAPTIAL PROJECTS FUND
11020 Parks and Recreation Construction $ 5,189,249
BUILDINGS GENERAL REVENUE CAPITAL PROJECTS FUND
DEPARTMENT OF GENEELAL SERVICES:
16010 Building Construction $ 2,094,147
TOTAL BUDGET $ 716,859,477
1
Less: Interfund Transfers 188,879,621
--------------
NET BUDGET $ 527,979,856
Section 2. Subject to the provisions of Chapter 2, Article III, of the
Virginia Beach City Code, the salaries and wages set forth in detail in said
Annual Budget, are hereby authorized and fixed as the maximum compensation to be
paid for services rendered.
The total of permanent positions, shall be the maximum number of positions
authorized for the various departments of the city during said fiscal year except
changes or additions authorized by the Council and as hereinafter provided. The
City Manager may from time to time increase or decrease the number of temporary
positions provided the aggregate amount expended for such services shall not
exceed the respective appropriations made therefor. The City Manager is
authorized to make such rearrangements of positions within and between bureaus,
divisions, and departments named herein, as may best meet the uses and interests
of the city.
Section 3. All collection of delinquent city taxes shall be credited to the
General Fund of the city by the Treasurer.
Section 4. All collections of local taxes levied shall be credited to the
General Fund of the city. Transfers shall be made from the General Fund to the
respective specially designated funds for which a levy is made in the respective
amounts levied for each such specially designated fund.
Section 5. All balances of the appropriations payable out of each fund of
the City Treasury unencumbered at the close of business for the fiscal year
ending on the thirtieth (30th) day of June, 1989, except, as otherwise provided
for, are hereby declared to be lapsed into the surplus of the respective funds,
except School Operating Fund which shall lapse into the General Fund Surplus, and
may be used for the payment of the appropriations which may be made in the
appropriation ordinance for the fiscal year beginning July 1, 1989. However,
there shall be retained in the General Fund Surplus, an undesignated amount not
less than the range of seventy-five (75) to one hundred (100) percent of the
budget for city and school debt service payments for that fiscal year for
contingencies and emergency situations and not to be used to support
appropriations approved in the ordinance for the fiscal year @eginning July 1,
1989, except upon subsequent authorization by City Council.
Section 6. No department or agency for which appropriations are made under
the provisions of this Ordinance shall exceed the amount of the appropriations
except with consent and approval of the City Council first being obtained,' but it
is expressly provided that the restrictions with respect to the expenditure of
the funds appropriated shall apply only to the totals for each operating
appropriation unit included in this Ordinance and does not apply to Interfund
Transfers.
The City Manager or the Assistant City Manager for Analysis and Evaluation
is hereby authorized to approve transfers for appropriations within any
department or between departments in an amount not to exceed $10,000 in any
single transaction, and is further au@horized to approve transfers and
expenditures from the Reserve for Contingencies in an amount not to exceed
$10,000 in any single transaction except as herein provided. The City Manager
may limit expenditures to the classes of appropriations as set forth in the
budget document or as required by the State Auditor of Public Accounts if such
requirements are different from the classes shown in the budget document. In
addition, the City Manager may transfer appropriations from Reserve for
Contingencies, in amounts necessary, for salary adjustments approved by City
Council.
Section 7. Nothing in this section shall be construed as authorizing any
reduction to be made in the amount appropriated in this Ordinance for the payment
of interest or bonds on the bonded debt of the City Government or the former
political subdivisions of Virginia Beach and Princess Anne County.
Section 8. Allowances out of any of the appropriations made in this
Ordinance by any or all of the city departments, bureaus, or agencies, to any of
their officers and employees for expenses on account of the use by such officers
and employees of their personal automobiles in the discharge of their official
duties shall not exceed twenly-two and one-half cenls ($.225) per mile of actual
travel for the first 15,000 miles and eleven cents ($.11) per mile for additional
miles of such use within the fiscal year.
Section 9. All traveling expense accounts shall be submitted on forms
approved by the Director of Finance and according to regulations approved by the
City Council. Each account shall show the dates expenses were incurred or paid;
number of miles traveled; method of travel; hotel expenses, meals, and incidental
expenses. The Director of Finance is specifically directed to withhold the
issuance of checks in payment of expense accounts submitted for "lump-sum"
amounts, including payments to employees of the School Board.
Section 10. That this Ordinance shall be in effect from and after the date
of its adoption.
Section 11. That if any part or parts, section or sections, sentences,
clause, or phrase of this Ordinance is for any reason declared to be
unconstitutional or invalid, such decision shall not affect the validity of the
remaining portions of this brdinance.
First Reading'. Eky 9, 1988
Second Reading:
Adopted by the Council of the city of Virginia Beach, Virginia, on the
day of 1988.
- 16 -
Item III-H.l.a
ORDINANCES ITEM # 29336 (Continued)
Upon motion by Councilman Heischober, seconded by Councilman Fentress, City
Council ADOPTED the following:
AMFNDMENT TO THE FY 1988/1989 OPERATING BUDGET
Include Benefits Analyst Position in the Personnel
Budget $39,481
Memorandum from the Director of Personnel to the Office of Budget and
Evaluation dated MaY 4, 1988, regarding the Benefits Analyst Position is hereby
made a part of the record.
Voting: 10-1
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, Vice Mayor Meyera E.
Oberndorf, Nancy K. Parker and John L. Perry
Council Members Voting Nay:
John D. Moss
Council 14embers Absent:
None
- 17 -
Item III-H.l.b.
ORDINANCES ITEM # 29336 (Continued)
Upon motion by Vice Mayor Oberndorf, seconded by Councilman Heischober, City
Council ADOPTED the following:
AMENDMENT TO THE FY 1988/1989 OPERATING BUDGET
Decrease Fee proposed for Golden Age Club Lifetime
Membership from $25-00 to $15-00 in the Parks and
Recreation Budget.
This would represent a reduction in $5,000 in the Budget.
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Harold Heischober, Barbara M. Henley, Mayor Robert
G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor
Meyera E. Oberndorf, Nancy K. Parker and John L.
Perry
Council Members Voting Nay:
None
Council Members Absent:
None
Item IlI-H.2.
ORDINANCES ITEM # 29337
Upon motion by Councilman Fentress, seconded by Councilman Balko, City Council
APPROVED upon FIRST READING:
Ordinance to ESTABLISH the tax levy on real estate
for Tax Fiscal Year 1989.
Voting: 10-1
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Harold Heischober, Barbara M. Henley, Mayor Robert
G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor
Meyera E. Oberndorf and Nancy K. Parker
Council Members Voting Nay:
John L. Perry
Council Members Absent:
None
AN ORDINANCE ESTABLISHING THE TAX LEVY
ON REAL ESTATE FOR TAX FISCAL YEAR 1989
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRCINIA BEACH, VIRGINIA:
Section 1. AMOUNT OF LEVY ON REAL ESTATE.
There shall be levied and collected for fiscal year 1989 taxes for general
purposes on all real estate, not exempt from taxation and not otherwise provided
for in this Ordinance, at the rate of ninety-one and five-tenths cents ($.915) on
each one hundred dollars ($100) of assessed valuation thereof. The real property
tax rates which have been prescribed in this section shall be applied on the
basis of one hundred percentum of the fair market value of such real property
except for public service real property which shall be on the basis as provided
in Section 58.1-2604 of the Code of Virginia, as amended.
Section 2. AMOUNT OF LEVY ON "CERTIFLED POLLUTION CONTROL EQUIPMENT AND
FAClLITIES" CLASSIFIED AS REAL ESTATE.
In accordance with Section 58.1-3660 (A) of the Code of Virginia (1950), as
amended, Lhere shall be levied and collected for general purposes for fiscal year
1989, taxes on all real estate certified by the Commonwealth of Virginia as
"Certified Pollution Control Equipment and Facilities" not exempt from taxation,
at the rate of ninety-one and five-tenths cents ($.915) on each one hundred
dollars ($100) of assessed valuation thereof. The real property tax rates
imposed in this section shall be applied on the basis of one hundred percentum of
fair market value of such real property.
Section 3. CONSTITUTIONALITY.
That if any part or parts, section or sections, sentences, clause, or phrase
of this Ordinance is for any reason declared to be unconstitutional or invalid,
such decision shall not affect the validity of the remaining portion of this
Ordinance.
Section 4. EFFECTIVE DATE.
This Ordinance shall be in effect from and after the date of its adoption.
First Reading: May 9, 1988
Second Reading:
Adopted by the Council of the city of Virginia Beach, Virginia on the
day of _ , 1988.
- 19 -
Item III-H-3
ORDINANCES ITEM # 29338
Upon motion by Councilman Fentress, seconded by Councilman Balko, City Council
APPROVED upon FIRST RFADING:
Ordinance to ESTABLISH the tax levy on personal
property and machinery and tools for the Calendar
Year 1989.
Voting: 10-1
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:
John L. Perry
Council Members Absent:
None
AN ORDINANCE ESTABLISHING THE TAX LEVY ON
PERSONAL PROPERTY AND MACHINERY AND TOOLS
FOR THE CALENDAR YEAR 1989.
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
Section 1. AMOLTNT OF LEVY ON TANCIBLE PERSONAL PROPERTY.
In accordance with Chapter 35 of Title 58.1 of the Code of Virginia (1950),
as amended, there shall be levied and collected for general purposes for the
calendar year 1989, taxes on all tangible personal property, not exempt from
taxation and not otherwise provided for in this Ordinance, at the rate of three
dollars and eighty cents ($3.80) on each one hundred dollars ($100) of assessed
valuation thereof.
In accordance with Section 58.1-3504 for the Code of Virginia (1950), as
amended, certain household goods and personal effects as defined therein shall be
exempt from taxation.
Section 2. AMOUNT OF LEVY ON CERTAIN VEHICLES CLASSIFIED AS PERSONAL
PROPERTY USED AS MOBILE HOMES.
In accordance with Section 58.1-3506 (A)(8) of the Code of Virginia (1950),
as amended, there shall be levied and collected for general p.rposes for the
calendar year 1989 taxes on all vehicles without motor power used or designated
to be used as mobile homes, at the rate of ninety-one and five-tenths cents
($.915) on each one hundred dollars ($100) of assessed valuation thereof.
Section 3. AMOUNT OF LEVY ON ALL BOATS OR WATERCRAFT WEIGHING FIVE TONS OR
MORE.
In accordance with Section 58.1-3506 (A)(1) of the Code of Virginia (1950),
as amended, there shall be levied and collected for general purposes for the
calendar year 1989 taxes on all boats or watercraft weighing five tons or more at
the rate of one dollar and fifty cents ($1.50) on each one hundred dollars ($100)
of assessed valuation thereof.
Section 4. AMOUNT OF LEVY ON "CERTIFIED POLLUTION CONTROL EQUIPMENT AND
FACILITIES" CLASSIFIED AS TANGIBLE PERSONAL PROPERTY.
In accordance with Section 58.1-3660 (A) of the Code of Virginia (1950), as
amended, there shall be levied and collected for general purposes for the
calendar year 1989 taxes on all tangible personal property certified by the
Commonwealth of Virginia as "Certified Pollution Control Equipment and
Facilities" not exempt from taxation, at the rate of three dollars and eighty
cents ($3.80) on each one hundred dollars ($100) of assessed valuation thereof.
Section 5. AMOUNT OF LEVY ON FARM MACHINERY AND IMPLEMENTS, FARM TOOLS, AND
FARM LIVESTOCK, INCLUDING ALL HORSES, POULTRY, AND GRAINS AND FEEDS USED FOR THE
NURTURE OF FARM LIVESTOCK AND POULTRY.
ln accordance with Section 58.1-3505 of the Code of Virginia (1950), as
amended, there shall be levied and collected for general purposes for the
calendar year 1989 taxes on all farm machinery and implements, farm tools, and
farm livestock, including all horses, poultry, and grains and feeds used for the
nurture of farm livestock and poultry, not exempt from taxation, at the rate of
one dollar ($l) on each one hundred dollars ($100) of assessed valuation thereof.
Section 6. AMOUNT OF LEVY ON MACHINERY AND TOOLS.
In accordance with Section 58.1-3507 of the Code of Virginia (1950), as
amended, there shall be levied and collected for general purposes for the
calendar year 1989 taxes on machinery and tools, not exempt from taxation, at the
rate of one dollar ($l) on each one hundred dollars ($100) of assessed valuation
thereof.
Section 7. AMOLJNT OF LEVY ON AIRCRAFT.
In accordance with Section 58.1-3506 (A)(2,3) of the Code of Virginia
(1950), as amended, there shall be levied and collected for general purposes for
the calendar year 1989 taxes on all aircraft at the rate of three dollars and
eighty cents ($3.80) on each one hundred dollars ($100) of assessed valuation
thereof.
Section 8. AMOLINT OF LEVY ON ANTIQUE AUTOMOBILES.
In accordance with Section 58.1-3506 (A)(4) of the Code of Virginia (1950),
as amended, there shall be levied and collected for general purposes for the
calendar year 1989 taxes on all antique automobiles at the rate of three dollars
and eighty cents ($3.80) on each one hundred dollars ($100) of assessed valuation
thereof.
Section 9. AMOUNT OF LEVY ON HEAVY CONSTRUCTION EQUIPMENT.
In accordance with Section 58.1-3506 (A)(6) of the Code of Virginia (1950),
as amended, there shall be levied and collected for general purposes for the
calendar year 1989 taxes on all hea,y construction eq.ipment at the rate of three
dollars and eighty cents ($3.80) on each one hundred dollars ($100) of assessed
valuation thereof.
Section 10. AMOUNT OF LEVY ON RESEARCH AND DEVELOPMENT BUSINESS TANGIBLE
PERSONAL PROPERTY.
In accordance with Section 58.1-3506 (A)(5) of the Code of Virginia (1950),
as amended, there shall be levied and collected for general purposes for the
calendar year 1989 taxes on all research and development tangible personal
property, not exempt from taxation, at the rate of one dollar ($l) on each one
hundred dollars ($100) of assessed valuation thereof.
Section 11. AMOUNT OF LEVY ON ENERGY CONVERSION EQUIPMENT.
In accordance with Section 58.1-3506 (A)(7) of the Code of Virginia (1950),
as amended, there shall be levied and collected for general purposes for the
calendar year 1989 taxes on all energy conversion equipment at the rate of one
dollar ($l) on each one hundred dotlars ($100) of assessed valuation thereof.
Section 12. AMOUNT OF LEVY ON CERTAIN COMPUTER HARDWARE.
In accordance with Section 58.1-3506 (A)(9) of the Code of Virginia (1950),
as amended, there shalt be levied and collected for general purposes for the
calendar year 1989 taxes on all computer hardware used by businesses primarily
engaged in providing data processing services to other nonrelated or
nonaffiliated businesses, not exempt from taxation, at the rate of three dotlars
and eighty cents ($3.80) on each one hundred dollars ($100) of assessed vatualion
thereof.
Section 13. AMOUNT OF LEVY ON PRIVATELY OWNED PLEASURE BOATS AND WATERCRAFT
USED FOR RECREATIONAL PURPOSES ONLY.
In accordance with Section 58.1-3506 (A)(10) of the Code of Virginia (1950),
as amended, there shall be levied and coltected for general purposes for the
catendar year 1989 taxes on all privately owned pleasure boats and watercraft use
for recreational purposes only, at the rate of one dollar and fifty cents ($1.50)
on each one hundred dollars ($100) of assessed vatuation thereof.
Section 14. ASSESSED VALUE DETERMINATION.
In accordance with Section 58.1-3103 of the Code of Virginia (1950), as
amended, personal property mentioned in the above sections shall be assessed at
actual fair market vatue, to be determined by the Commissioner of Revenue for the
city of Virginia Beach.
Section 15. CONSTLTUTIONALITY.
That if any part or parts, section or sections, sentences, clause, or phrase
of this ordinance is for any reason declared to be unconstitutional or invalid,
such decision shatt not affect the validity of the remaining portions of this
ordinance.
Section 16. EFFECTIVE DATE.
This ordinance shall be in effect January 1, 1989.
First Reading: May 9, @1988
Second Reading;
Adopted by the Council of the city of Virginia Beach, Virginia on the
day of _ , 1988.
- 20 -
Item III-H.4
ORDINANCES ITEM # 29339
Upon motion by Councilman Fentress, seconded by Councilman Balko, City Council
APPROVED upon FIRST RF.ADING:
Ordinance to AMEND and REORDAIN Section 35-207 of
the Code of the City of Virginia Beach, Virginia,
pertaining to the Tax Levy on the sale of
cigarettes.
Voting: 10-1
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:
John L. Perry
Council Members Absent:
None
AN ORDINANCE TO AMEND AND REORDAIN SECTTON 35-207
OF THE CODE OF THE CITY OF VIRGINIA BEACH,
VIRGINIA PERTAINING TO THE TAX LEVY ON THE
SALE OF CIGARETTES
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA,
THAT SECTION 35-207 IS HEREBY AMENDED AND REORDAINED AS FOLLOWS:
Section 35-207. Levied; amount.
There is hereby levied and imposed by the city, upon each sale of
cigarettes, a tax equivalent to @ atid otte ital-f--(4rs4 ten (lo) mills per
cigarette sold within the city, the amount of such tax to be paid by the seller,
if not previously paid, in the manner and at the time provided for in this
article. There shall be a penalty for late payment of the tax imposed herein in
the amount of ten (10) per centum per monlh, and interest in Lhe amount of three-
quarters (.75) of one per centum per month, upon any tax found to be overdue and
unpaid.
This ordinance shall be effective on July 1, 1988.
First Reading: May 9, 1988
Second Reading:
Adopted by the Council of the city of Virginia Beach, Virginia on the
day of 1988.
- 21 -
Item III-H-5-
ORDINANCES ITEM # 29340
Upon motion by Councilman Fentress, seconded by Councilman Balko, City Council
ADOPTED:
Ordinance to AMEND and REORDAIN Section 31-61,
Subparagraphs (a) and (b), of the Code of the City
of Virginia Beach, Virginia, pertaining to the
charge for depositing solid waste at City refuse
disposal areas.
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 ORDINANCE TO AMEND AND REORDAIN SECTION 31-61
SUBPARAGRA,PHS (a) AND (b) OF THE CODE OF THE
CITY OF VIRGINIA BEACH, VIRGINIA PERTAININC TO THE
CHARGE FOR DFPOSITINC SOLID WASTE AT CITY
REFUSE DISPOSAL AREAS
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINLA,
THAT SECTION 31-61 SUBPARAGRAPHS (a) AND (b) ARE HEREBY AMENDED AND REORDAINED AS
FOLLOWS:
Section 31-61. Use Charges.
(a) There shall be a fee of t!ovetw@@ twenty-five dollars ($,Zar@6
$25.00) per ton, or a thirteen dollar ($13.00) minimum charge for less than one
Lon, or any part thereof, for all sanitary solid waste, refuse, debris or garbage
generated solely within the city and deposited at the city refuse disposal areas;
provided, however, that residents of the city depositing sanitary solid waste,
refuse, debris or garbage generated solely from their households may deposit the
same free of charge
(b) There shall be a fee of seventy-five cents ($.75) per tire for
cutting and disposing of tires at the city refuse disposal areas.
This ordinance shall be effective on July 1, 1988.
Adopted by Lhe Council of the city of Virginia Beach, Virginia on tile
9 day of May 1988.
- 22 -
Item III-H.6.
ORDINANCES ITEM # 29341
Upon motion by Councilman Heischober, seconded by Vice Mayor Oberndorf, City
Council ADOPTED:
Ordinance to AMMD and REORDAIN Sections 2-363 and
2-367 of the Code of the City of Virginia Beach,
Virginia, to REPEAL Sections 2-364, 2-365, 2-366
and 2-369 of the Code of the City of Virginia
Beach, and to renumber Section 2-368 of the Code of
the City of Virginia Beach as it pertains to the
Department of Economic Development.
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 AN ORDINANCE TO AMEND AND REORDAIN
2 SECTIONS 2-363 AND 2-367 OF THE
3 CODE OF THE CITY OF VIRGINIA
4 BEACH, TO REPEAL SECTIONS 2-364, 2-
5 365, 2-366 AND 2-369 OF THE CODE OF
6 CITY VIRGINIA BEACH, AND TO RE-
7 NUMBER SECTION 2-368 OF THE CODE OF
8 THE CITY OF VIRGINIA BEACH
9
10
11
12 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
13 BEACH, VIRGINIA:
14 That Sections 2-363, 2-364, 2-365, 2-366, 2-367, 2-368
15 and 2-369 of the Code of the City of Virginia Beach are hereby
16 amended, repealed, renumbered, or reordained, where appropriate,
17 to read as follows:
18
19
20 econ@mi7c
22
23
24
25 Section 2-363. General duties of the Department of Economic
26 5e-velopment.
27
28 The department of economic development shall be
29 responsible for the following general duties, including any other
30 duties which may be required, assigned, or prescribed:
31 (1) Travel and tourism, including, but not limited to,
32 the solicitation of tourist attractions, the development of and
33 coordination of advertising programs, solicitation of cultural
34 activities and other appropriate events, the operation,
35 maintenance and management of departmental event facilities and
36 parking lots, establishing and enforcing reasonable rules and
37 regulations, as well as revenue and cost analysis, fee standards,
38 and concession operations. All monies received from departmental
39 event facilities and parking lots and related operations during
40 each fiscal year shall be paid into the general fund;
4 1 2) Business retention and expansion on a citywide
42 bas , but not limited to, industrial and commercial
43 solicitations and locations, development and coordination of
44 advertising programs, coordination and develotpment of industrial
45 parks and facilities in conjunction with the Virginia Beach
46 DeveloDment Authority, and promotion of port, inlet, and airport
47 facilities;
48 (3) Convention promotion, including, but not limited
49 to, the solicitation of conventions and the coordination the
50 housing of convention deleqates;
51 (4) Agricultural economic coordination, including, but
52 not limited to, liaison duties between the departments of
53 economic development and aqriculture to insure and improve
54 agriculture's posture in the citv's economic mix.
55
56
57 f a t - 'Ehe- @f, - L-he - d e pa r tm e m t
58 of-
59 of - t-h@@ -by,-the
60 todr+st-
61
62 fit- Selicitatien- @ -tedrist- @-and- @-c5E
63 activities-teqtiiTed--t@
64 ecomemyt
65 f2t- @E--
66 reqdired-te-promete-teurism7-conventiOMST-and-the-eivic
67 eenter-and-the-hrts-and-eonference-eenterT
68 f3t
69 appropriate- aitd -Arts
70 and-eenferenee-eentert
71 f4t All-aspects-ef-operatienT-Maintenance-and-management-CDE
72 the-eivie-Eenter-and-the-Arts-and-Eenference-Eenter-and
7 3 f-eci:-Iities-
7 4
75 as
2
7 6 -&rtd -pro v -i d -i mg
77
78 tst Any- -dttt -may reqtt:i red 7- @-c5r
79 preser+bed7
80 fbt-All-rnoneys-reeeived-from-the-eperatien-of-the-eivic
81 -C@r- -&ftd -rL.I-ert-ed -ope r &ti ons
82
83
84 -divisiont
85
86 The--i -r-i@- -division-@-@-department
87 o f- - @-@-centfO4.
88 -b,.r - t h
89
go
91 fndtstrial-and-commercia
92 f -2t 9 e v e I o pm e n t - @ - @,d-i -na-t-i tm- @@-progrems
9 3 reqttired-te-@@@-i -ait& a t i e n
94 and-expan8ionT
95 t -3 t -and
96 f- a C-i -i@ - c "ju-nct-i@ - w-i + t h e - -V i: r 9 + n a - - B L- a c h
97 E)evelopment-AdtherityT
98 f4t p r em o t i o n - @ -6 ev e I-o pm L- rt j- - i n ie t - a i r p e r t
99 fae+litiest
100 tst Any-@-dtties-@@-may-@-reqdired7- -(5r
101 prescribedt
102 Sectien-2-3667--Bdties-cf-convention-pr(Dmetion-divisionT
103 T h e -,co nveii t -in m- e rt L- - 0 f
1 0 4 ecenomic-
105 the--& -,o-f - -headed - th e
106 co n v e n t ic m- p-rome+ -ie n- -w@ L-It F. - b ti t
107 not-limited-to7-the-foll(Dwimg-dutie2T
108 t 1- t So-i-i@irt
109 eenference-eentert
110 f -2t
city-.
3
112 -3 ei- -houa in -arrrd e r
113 conventions-in-the-cityT
114 f4t AMY-
115 prescribedt
116
117 Section 2-36? 2-364. Assistance to development authority.
118 The director of economic development and his staff
119 shall provide assistance to the development authority in its
120 business indtstrieti development activities.
121
122 Section 2-368 2-365. Advertising program.
123 The department of economic development, under the
124 direction of the city manager and the director of economic
125 development, with necessary staff assistance, shall develop an
126 advertising program and .shall have authority to expend, for
127 advertising and publicizing the city and its resources and
128 facilities, such funds as the city may appropriate for this
129 purpose and to receive and expend, for advertising purposes, any
130 funds received from other organizations for such advertising
131 purposes.
1 3 2
133
1 3 4
135
136
137
138 deve-lo
139 development-w+thin-the-city7
140
141 Adopted by the Council of the City of Virginia Beach,
142 Virginia, on the 9 day of May , 1988.
1-4 3KJC/lmt/epm/dhh APPRO\/ED AS TO CON-I Ei@ 1'3
144 08/21/86
145 08/27/86
146 02/29/8B SIGNATURE
147 03/25/88
148 05/04/88
149 05/05/88
150 CA-2606
151 \ordin\proposed\02-363et.prc
4
CIT'(
- 23 -
Item III-H.7
ORDINANCES ITEM # 29342
ADD-ON
Upon motion by Councilman Fentress, seconded by Councilman Balko, City Councii
ADOPTED:
Ordinance to Transfer $104,000 within the Er()sion
Council Operating Budget to allow purchase of
Additional Sand for the Resort Area Beach.
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 ORDINANCE TO TRANSFER
$104,000 WITHIN THE EROSION COUNCIL OPERATING BUDGET
TO ALLOW PURCHASE OF ADDITI'ONAL SAND
FOR THE RESORT AREA BEACH
WHEREAS, the northeaster storm of April 13-14, 1988 removed approximately
40,000 yards of sand from the resort area beach, which had been placed by the
annual truckhaul, and
WHEREAS, the restoration of this lost sand is needed to provide for an
attractive beach for the start of the 1988 tourism season, and
WHEREAS, the current contract with Glover Construction Company allows for
the purchase of additional sand for the contract price of $4.57 per yard, and
WHERFAS, the Erosion Council has identified lapsed funds in its FY 1987-88
Operating Budget in the amount of $104,000, which could be directed towards
purchase of additional sand under the current contract,
NOW THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
that $104,000 be transferred from various accounts within the Erosion Council's
FY 1987-88 Operating Budget to allow for the purchase of sand to replenish that
lost from the resort area beach.
This ordinance shall be effective from the date of its adoption.
Adopted by the Council of the City of Virginia Beach, Virginia on
CONT'CN'fS
the 9th day of may 1988.
I 'J RE
DEPARTt,A@IT
TO LEGALI
ANDFORM
TORNEY
- 24 -
Item IIT-I.l.
PLANNING ITEM # 29343
Mayor Robert G. Jones DECLARED a PUBLIG HEARING on:
PLANNING
a. WILLIAM S. HUDGINS CHANGES OF ZONING
b. GHECKERED FLAG MOTOR CAR GO., INC. GONDITIONAL USE PERMIT
c. MOUSA MAHAGEREFTEH c/o CONDITIONAL USE PERMIT
IMPERIAL MOTORS
d. COASTAL AUTO SALES, INC. GONDITIONAL USE PERMIT
e. WILLIE ROGERS VARIANCE
f. THOMAS AND GLAIRE C. DUCKETT VARIANCE
g. 7 ASSOGIATES, A VIRGINIA GENERAL VARIANCE
PARTNERSHIP
h. GITY OF VIRGINIA BFACH CITY ZONING ORDINANCE
AMENDMENT
- 25 -
Item IV-I.
PUBLIC HKARING ITE14 # 29344
PLANNING
Attorney Robert B. Cromwell, Pembroke One, Phone: 499-8971, represented the
applicant and requested WITHDRAWAL
Upon motion by Councilman Perry, seconded by Councilman Heischober, City
Council AIJOWED WITHDRAWAL an Ordinance upon application of WILLIAM S. HUDGINS
for a Change of Zoning:
ORDINANCE UPON APPLICATION OF WILLIAM S. HUDGINS
FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM
R-5 TO A-3
Ordinance upon application of William S. Hudgins
for a Change of Zoning District Classification from
R-5 Residential District to A-3 Apartment District
on certain property located on the west side of
Northampton Boulevard and Powells Point Road. Said
parcel contains 13.07 acres. Plats with more
detailed information are available in the
Department of Planning. BAYSIDE BOROUGH.
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
- 26 -
Item III-I.2.
PUBLIC HEARING
PLANNING ITEM # 29345
Upon motion by Councilman Perry, seconded by Councilman Heischober, City
Council DEFERRED until the City Council Meeting of May 23, 1988, an Ordinance
upon application of CHECKERED FLAG MOTOR CAR CO., INC. for a Conditional Use
Permit:
ORDINANCE UPON APPLICATION OF CHECKERED FLAG MOTOR
CAR CO., INC. FOR A CONDITIONAL USE PERMIT FOR
MOTOR VEHICLE SALES AND REPAIR
Ordinance upon application of Checkered Flag Motor
Car Co., Tnc. for a Conditional Use Permit for
motor vehicle sales and repair on certain property
located south of Virginia Beach Boulevard, 620 feet
more or less east of Clearfield Avenue. Said
parcel is located at 5209 Virginia Beach Boulevard
and contains 1.75 acres. Plats with more detailed
information are available in the Department of
Planning. BAYSIDE BOROUGH.
Councilman Moss requested the Mayor communicate to the Planning Commission
Chairman to have a Statement at the beginning of their Meetings reminding the
applicants are required to attend the City Council Meeting when that
application is scheduled within forty-five days of that specific Planning
Commission.
This DEFERRAL will enable the applicant or a representative to be in
attendance.
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 III-I.l.c.
PUBLIC HEARING
PLANNING ITEM # 29346
Mousa Mahgerefteh, 4839 Virginia Beach Boulevard, Phone: 490-3651, represented
the applicant
Upon motion by Councilman Perry, seconded by Councilman Heischober, City
Council ADOPTED an Ordinance upon application of MOUSA MAHAGEREFTER c/0
IMPERIAL MOTORS FOR A CONDITIONAL USE PERMIT:
ORDINANCE UPON APPLICATION OF MOUSA MAHAGEREFTEH
FOR A CONDITIONAL USE PERMIT FOR AUTOMOBILE SALES
R05881139
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of Mousa Mahgerefteh for
a Conditional Use Permit for automobile sales on
certain property located on the southwest corner of
Virginia Boulevard and Horace Avenue. Said parcel
contains 22,215.60 square feet and is located at
4839 Virginia Beach Boulevard. Plats with more
detailed information are available in the
Department of Planning. BAYSIDE BOROUGH.
The following conditions shall be required:
1. No additional entrances will be permitted on
Virginia Beach Boulevard.
2. The condition stated in the conditional use permit
application approved on February 2, 1987 remains in
effect: The condition reads as follows:
Approval is for a period of three (3) years
(approved until February 2, 1990)
This Ordinance shall be effective upon the date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the Ninth
day of May, Nineteenth Hundred and Eighty-eight.
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 John L. Perry
Council Members Voting Nay:
Reba S. McClanan and Nancy K. Parker
Council Members Absent:
None
- 28 -
Item III-I.l.d.
PUBLIC HEARING
PLANNING ITEM # 29348
Attorney Robert Cromwell, Pembroke One, Phone: 499-8971.
Upon motion by Councilman Perry, seconded by Councilman Heischober, City
Council ADOPTED an Ordinance upon application of COASTAL AUTO SALES, INC. for a
Conditional Use Permit:
ORDINANCE UPON APPLICATION OF COASTAL AUTO SALES,
INC. FOR A CONDITIONAL USE PERMIT FOR MOTOR VEHICLE
SALES & SERVTCE R05881140
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of Coastal Auto Sales,
Inc., for a Conditional Use Permit for motor
vehicle sales & service on certain property located
on the north side of Shore Drive, 383.24 feet east
of Pleasure House Road. Said parcel contains
25,265 square feet. Plats with more detailed
information are available in the Department of
Planning. BAYSIDE BOROUGH.
The following conditions shall be required;
1. In accordance with the Master Street and Highway
Plan, a 7-foot right-of-way reservation is required
along Shore Drive to provide for an ultimate 8-lane
divided highway with bikeway (137-foot) right-of-
way section.
2. No access allowed to Hollis Road.
3. Category IV screening in accordance with the Draft
Landscaping, Screening and Buffering Specifications
and Standards, September 1987 is required along the
northern lease line.
4. An approvable landscaping plan for the site's Shore
Drive frontage shall be submitted to the City
Arborist.
5. Only minor auto repairs incidental to the sale of
cars shall be allowed. Repair work shall not
exceed what is permitted at an automobile service
station as specified in the Zoning Ordinance.
6. Use Permit limited to a term of three (3) years.
This Ordinance shall be effective upon the date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the Ninth
day of May, Nineteenth Hundred and Eighty-eight.
- 29 -
Item III-F.l.d.
PUBLIC HEARING
PLANNING ITEM # 29348 (Continued)
Voting: 11-0
Council Members Voting Aye:
Albert W. Ball,.o, 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
- 30 -
Ttem TII-T.l.e.
PUBLIC HEARING
PLANNING ITEM # 29349
Attorney Jahn Summs, 4701 Columbus Street, Phone: 431-1212, represented the
applicant and requested a variance to allow two flag lots of approximately
10,000 square feet each. Mr. Rogers is attempting to have his house
demolished and with the assistance of Housing and Community Development build
a new house on one of the four lots. He, therefore, needs to sell three of the
other lots to satisfy the existing liens on the property. Mr. Rogers is a
professional gardener and works with the Virginia Beach School Board in the
evening. Because of the condition of the premises, his wife and children are
living in a rental house. Attorney Summs, the Engineer and the Architect
associated with the application have all donated their services. Attorney
Summs distributed a Memorandum from Hy Blumentahl of the Community Development
and Housing advising the residence of Willie Rogers at 1477 Shoveller Avenue
was unfeasible for rehabilitation. (Said Memorandum is hereby made a part of
the record.)
Councilman Perry advised there were 192 slaves buried in close proximity to
this area.
Upon motion by Councilman Balko, seconded by Councilman Baum, City Council
APPROVED an application of WILLIE ROGERS for a Variance to Section 4.4(b) of
the Subdivision Ordinance.
Appeal from Decisions of Administrative officers in
regard to certain elements of the Subdivision
Ordinance, Subdivision for Willie Rogers, Jr.,
Property is located at 1477 Shoveller Avneue.
Plats with more detailed information are available
in the Department of Planning. LYNNHAVEN BOROUGH.
MILL DAM TARGET AREA
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, Reba S. Mcclanan, Vice Mayor Meyera E.
Oberndorf, and John L. Perry
Council Members Voting Nay:
John D. Moss and Nancy K. Parker
Council Members Absent:
None
*Verbal Aye
- 31 -
Item III-I.l.f.
PUBLIC HEARING ITEM # 29350
PLANNING
Tom Duckett, 2451 Potters Road, Phone: 340-6675, represented himself and his
mother. The precedent has been set in the neighborhood for "flag lots". Tom
Duckett advised the adjacent residents were in opposition to two "flag lotall,
but not one. The applicant would be agreeable to amending his application to
one "flag lot" and would be willing to make one driveway rather than two. The
applicant advised the house is under contract predicated on being subdivided.
The applicant advised he would replace the request for a Variance Sign, which
had been removed after the Planning Commission Hearing. The applicant had
enough road frontage for two lots without a Variance but because of the
configuration of the house on the lot, this would not be feasible. The
property line would run right through the bathroom.
Upon motion by Councilman Balko, seconded by Councilman Pentress, City Council
DEFERRED INDEFINITELY a Variance to Section 4.4(b) of the Subdivision
Ordinance, which requires all single family lots being created in the R-8
Residential District to meet the minimum lot width requirement of 45 feet.
Appeal from Decisions of Administrative Officers in
regard to certain elements of the Subdivision
Ordinance, Subdivision for Thomas & Claire C.
Duckett. Property is located at 2451 Potters Road.
Plats with more detailed information are available
in the Department of Planning. LYNNHAVEN BOROUGH.
This DEFERRAL will enable the applicant to submit a new plan for one "flag lot"
with only one relocated curb cut and subject to City staff review before being
SCHEDULED for City Council.
Voting: 10-1
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, Vice Mayor Meyera E.
Oberndorf, Nancy K. Parker and John L. Perry
Council Members Voting Nay:
John D. Moss
Council Members Absent:
None
- 32 -
Item III-I.l.g.
PUBLIC HEARING ITEM # 29351
PLANNING
Attorney Andre Evans, Evans, Williams & Wood, 1115 South Lynnhaven Road, Phone:
463-8800, requested WITHDRAWAL of the application.
The City Clerk referenced letter of May 5, 1988, from Attorney Andre Evans
requesting WITHDRAWAL (Said letter is hereby made a part of the record).
Upon motion by Councilman Heischober, seconded by Councilman Moss, City Council
ALLOWED WITHDRAWAL of the application of 7 ASSOCIATES, a VIRGINIA GENERAL
PARTNERSHIP, for a Variance to elements of the Subdivision Ordinance, which
requires lots created by subdivision shall meet all requirements of the Zoning
Ordinance.
Appeal from Decision of Administrative Officers in
regard to certain elements of the Subdivision
Ordinance, Subdivision for 7-Associates, a Virginia
General Partnership. Property is located at 5147
Shore Drive. Plats with more detailed information
are available in the Department of Planning.
BAYSIDE BOROUGH.
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
"Verbal Aye
This item was brought forward on the AGENDA.
- 33 -
Item III-I.l.h.
PUBLIC EFARING
PLANNING ITEM # 29352
Attorney Robert M. Pfeifer, 618 Pinewood Drive, Phone: 431-3149, represented
Adams Outdoor Advertising and spoke in OPPOSITION. Attorney Pfeifer advised
his client had three billboards along Virginia Beach Boulevard which
necessitated removal because of the widening of Virginia Beach Boulevard.
Permits for relocation of said Billboards were DENIED by the Zoning
Administrator. The Board of Zoning Appeals reversed this decision. The
Zoning Administrator has appealed this reversal by the BZA to the Circuit
Court. Said trail is SCHEDULED June 8, 1988. As the trial is pending, it
directly impacts the language that is involved in the proposed Ordinance.
Attorney Pfeifer requested this Ordinance be DEFERRED until the decision by
the Circuit Court.
Assistant City Attorney William M. Macali responded he did not believe it
advisable to DEFER the Ordinance until after June Eighth. Attorney Macali
did not believe this Ordinance would have any adverse impact to the City
relative the litigation.
Upon motion by Councilman Balko, seconded by Councilwoman Parker, City
Councii ADOPTED an Ordinance upon application of the City of Virginia Beach:
ORDINANCE TO AMEND SECTIONS 215 and 216 OF THE CITY
ZONING ORDINANCE, PERTAINING TO NONCONFORMING SIGNS
AND BILLBOA.1,DS.
Voting: 9-2
Council Members Voting Aye:
Albert W. Balko, John A. Baum, 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:
Robert E. Fentress and Harold Heischober
Council Members Absent:
None
DEPARTN,ENT
'AppROVED AS TO LEGAL
1 AN ORDINANCE TO AMEND SECTIONS 215
2 AND 216 OF THE CITY ZONING
3 ORDINANCE, PERTAINING TO
4 NONCONFORMING SIGNS AND BILLBOARDS
5
6 WHEREAS, there a r e a substantial number of
7 nonconforming billboards and signs within the City of Virginia
8 Beach; and
9 WHEREAS, many such billboards and signs are located on
10 streets which are presently being widened or will in the future
11 be widened; and
12 WHEREAS, it is the desire of the City Council to
13 eliminate any doubt that the City's present sign regulations
14 require the conformance of billboards and signs located in the
15 rights-of-way of streets being widened, and to declare, rather
16 than change, the intent of such regulations;
17 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
18 THE CITY OF VIRGINIA BEACH, VIRGINIA:
19 That Sections 215 and 216 of the Comprehensive Zoning
20 Ordinance of the City of Virginia Beach, Virginia, are hereby
21 amended and reordained to read as follows:
22
23 Section 215. Nonconforming signs.
24 (a) Notwithstanding the provisions of section 105(f)
25 of this ordinance, Ne no nonconforming sign shall be structurally
26 altered, enlarged, moved or replaced, whether voluntarily or by
27 reason of involuntary damage to or destruction of such sign,
28 unless the such sign is brought into compliance with the
29 provisions of this ordinance. No nonconforming sign shall be
30 repaired at a cost in excess of fifty (50) percent of its
31 original cost unless such sign is brought
32 in-@pi-iance caused to comply with the provisions of this
33 ordinance by-+-.h@-I All Any nonconforming signs--i-n-@
34 district which are is not maintained continuously in a-cont+mtieus
35 state-@ good repair, and@r-@-I any nonconforming signs which
36 are is abandoned for a period of two (2) years shall be removed.
37 For purposes of this section, a sign shall be censtidered--&s
38 deemed to be abandoned if no copy or advertising matter is
39 exhibited on the advertising faces of the such sign.
40 (b)Notwithstanding the provisions of subsection (a)
41 hereof, the zoning administrator may, at his discretion and with
42 the concurrence of the director of permits and inspections, vary
43 the requirements of this ordinance pertaining to the allowed
44 number of signs, total sign area, individual sign area, number of
45 free-standing signs and height of free-standing signs in cases in
46 which the owner of a sign or other proper party desires to
47 repair, replace, relocate or structurally alter an existing
48 nonconforming sign or combination of signs and such repair,
49 replacement, relocation or structural alteration is not required,
50 or has not been made necessary, by reason of damage, destruction,
51 deterioration, disrepair or noncompliance with applicable
52 building code standards or any of the provisions of this
53 ordinance; provided, however, that the regulations set forth in
54 subsections (c) and (d) of Section 944.1 of this ordinance shall
55 not be so varied.
56 (c) Nothing in this section shall be construed to
57 limit or otherwise impair the right of any proper party to apply
58 to the Board of Zoning Appeals for a variance from any of the
59 sign regulations set forth in this ordinance.
60
61 Section 216. Outdoor advertising structures, billboards,
62 signboards and poster panels.
63
64 (a) No new billboards shall be erected within the City
65 limits, effective immediately. All existing billboards are
66 deciftred- @ -be- @@ ttses-and shall be
67 governed by the provisions of sections-iO5 @ 215 of the this
68 zoning ordinance. No billboard
69 heretofore erected shall be located, in whole or in part, upon
70 improved property.
71 (b) No billboard shall be located within five hundred
72 (500) feet of an interchange, or intersection at grade, on any
2
7 3 highway, interstate or city council designated expressway
74 (measured along the highway, interstate or expressway to the
75 nearest point of the beginning or ending of pavement widening at
76 the exit from or entrance to the main travel way). On all other
77 streets no billboard shall be located within two hundred (200)
78 feet of any right-of-way of any underpass, overpass, bridge or
79 tunnel or a plaza serving such facility.
80 (c) No billboard shall be closer than fifty (50) feet
81 to any property line nor located closer than six hundred sixty
82 (660) feet to the right-of-way line of any interstate or
83 expressway designated by city council, nor closer than twenty-
84 five (25) feet of the right-of-way of any other street. However,
85 no billboard shall be located within two hundred (200) feet of
86 any established residential or apartment zoning district. No
87 billboard shall be located upon any lot having a frontage of less
88 than two hundred (200) feet and an area of less than ten thousand
89 (10,000) square feet.
90
91 Adopted by the Council of the City of Virginia Beach,
92 Virginia, on the 9th day of May 1988.
93
94 WMM/epm
95 02/12/88
96 05/05/88
97 CA-88-2584
98 215ETCZO.PRO
99
3
- 34 -
Item III-J.1.
RESOLUTIONS ITEM # 29353
Upon motion by Councilman Perry, seconded by Councilman Balko, City Council
ADOPTED, AS AMENDED*
Resolution DIRECTING the Planning Commission to
consider and make its recommendation concerning
possible changes in zoning and land uses in Target
Areas.
*the words "but not necessarily" shall be deleted
in the third paragraph.
In Section 1, after the words "That the Planning
Commission", the words "in conjunction with the
Citizens Advisory Committee (CAC)" shall be added.
In Section 1, after the words "City's target
areasti, the words "including but not necessarily"
shall be eliminated.
In Section 2, the words "..,in conjunction with the
Citizens Advisory Committee shall be added after
the words "..That the Planing Commission".
The Planning Director shall prepare a written progress report relative same.
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
Requested by Councilman Perry and Balko
1 A RESOLUTION DIRECTING THE PLANNING
2 C014MISSION TO CONSIDER AND MAKE ITS
3 RECO14MENDATION CONCERNING POSSIBLE
4 CHANGES IN ZONING AND LAND USES IN
5 TARGET AREAS
6
7
8 WHEREAS, the Council of the City of Virginia Beach
9 desires to improve the quality of life for residents of the
10 City's target areas@ and
11 WHEREAS, frequently rehabilitation efforts within the
12 City's target areas are delayed because of problems related to
13 land use and zoning issues; and
14 WHEREAS, the Council desires the Planning Commission to
15 examine and make its recommendation as to whether or not changes
16 related to land use patterns and zoning within the target areas
17 limited to Lake Smith and Reedtown are appropriate.
18 NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE
19 CITY OF VIRGINIA BEACH, VIRGINIA:
20 1. That the Planning Commission in
21 conjunction with the Citizens
22 Advisory Committee is hereby
23 directed to consider and make its
24 recommendation as to whether or not
25 changes related to land use
26 patterns and zoning within the
27 City's target areas limited to Lake
28 Smith and Reedtown are appropriate.
29 2. That the Planning Commission in
30 conjunction with the Citizens
31 Advisory Committee is directed to
32 report its recommendation to the
33 city Council at the earliest
34 possible date.
35
Adopted by the council of the City of Virginia Beach,
9th May
Virginia on the day of ,1988.
GLF/rab
05/04/88
05/09/88
WORKING
- 35 -
Item III-J.2.
RESOLUTIONS ITEM # 29354
ADD-ON
Upon motion by Councilman Moss, seconded by Councilwoman Parker, City Council
ADOPTED:
Resolution Ratifying the Distribution of Offering
Circular in Connection with the Issuance and Sale
of $2,000,000 General Obligation Public Improvement
Bonds, Series of 1988B (Capital Appreciation
Minibonds).
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
Council Members Absent:
Vice Mayor Meyera E. Oberndorf
1 RESOLUTION RATIFYING DISTRIBUTION
2 OF OFFERING CIRCULAR IN CONNECTION
3 WITH THE ISSUANCE AND SALE OF
4 $2,000,000 GENERAL OBLIGATION
5 PUBLIC IMPROVEMENT BONDS, SERIES OF
6 1988B (CAPITAL APPRECIATION
7 MINIBONDS)
8 WHEREAS, the Council (Council) of the City of Virginia
9 Beach (the City), by resolutions adopted on April 4 and 11, 1988,
10 has provided for the sale as minibonds of $2,000,000 of the
11 $24,800,000 bonds authorized by the council by an ordinance
12 adopted on September 21, 1987, for various public improvements;
13 and
14 WHEREAS, in connection with the issuance and sale of
15 such bonds the City has distributed an offering Circular (the
16 offering Circular) describing such bonds;
17 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
18 THE CITY OF VIRGINIA BEACH, VIRGINIA:
19 The execution and delivery by the City Manager and the
20 distribution of the offering Circular is hereby ratified and
21 confirmed.
22 Adopted by the Council of the City of Virginia Beach,
2 3 Virginia on 9th day of May 1988.
24 LLL/lmt
2 5 05/06/88
26 CA-0
27 \ordin\proposed\minibond.res
- 36 -
Item III-K.
CONSENT AGENDA ITEM # 29355
Upon motion by Councilman Heischober, seconded by Councilman Balko, City
Council APPROVED in ONE MOTION Items 1 and 2 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, Nancy K.
Parker and John L. Perry
Council Members Voting Nay:
None
Council Members Absent:
Vice Mayor Meyera E. Oberndorf
- 37 -
Item III-K.I.
CONSENT AGENDA TTEM # 29356
Upon motion by Councilman Heischober, seconded by Councilman Balko, City
Council ADOPTED upon SECOND READING:
Ordinance to APPROPRIATE $63,000 from the General
Fund Balance to the Plaza Volunteer Fire Department
for repayment of a bank loan for two ambulances.
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
Council Members Absent:
Vice Mayor Meyera E. Oberndorf
A N 0 R D I N A N C E T 0
APPROPRIATE TO THE PLAZA
VOLUNTEER RESCUE SQUAD
$63,000 FOR REPAYMENT OF
A BANK LOAN FOR TWO
AMBULANCES
WHEREAS, the Plaza Volunteer Rescue Squad is indebted to a
local bank for the purchase of two ambulances, and
WHEREAS, the Plaza Volunteer Rescue Squad desires to be
relieved of the interest cost of this loan so that more funds
will be available for service delivery to citizens, and
WHEREAS, the Plaza Volunteer Rescue Squad has requested
$63,000 for the purpose of paying the bank loan and City Council
considers it appropriate to make this amount available for such a
purpose.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA that funds of $63,000 be appropriated
from the General Fund Balance to the Plaza Volunteer Fire
Department to pay the bank loan. It -'@s anticipated that $63,000
will be repaid to the city on the following schedule:
May 1, 1989 $15,750
May 1, 1990 15,750
May 1, 1991 15,750
May 1, 1992 -15@150
Total $63,000
This ordinance shall be effective from the date of its
adoption.
Adopted by the Council of the City of Virginia Beach on the
9 May 88
day o t 19
FIRST READING: May 2, 1988
May 9, 1988
SECOND READING:
- 38 -
Item III-K.2.
CONSENT AGENDA ITal # 29357
Upon motion by Councilman Heischober, seconded by Councilman Balko, City
Council ADOPTED upon SECOND READING:
Ordinance to APPROPRIATE $9,326 to the Mental Health and
Mental Retardation Contractual Services Fund and Substance
Abuse Services and that revenue from The Commonwealth of
Virginia to the Mental Health and Mental Retardation
Contractual Services Fund be increased by $9,326.
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. 14cClanan, John D. Moss, Nancy K.
Parker and John L. Perry
Council Members Voting Nay:
None
Council Members Absent:
Vice Mayor Meyera E. Oberndorf
0
0
AN ORDINANCE TO APPROPRIATE
$9,326 IN ADDITIONAL STATE RESOURCES TO
THE DEPARTMENT OF MENTAL HEALTH/ MENTAL RETARDATION
> AND SUBSTANCE ABUSE SERVICES
C@
WHEREAS, the FY 1987-88 City of Virginia Beach Operating Budget included
appropriations in the amount.of $1,231,880 in the Contractual Services Fund for
Mental Health and MenLal Retardation Services, and
WHEREAS, the confirmed Statement of Crant between the City of Virginia Beach
and.the State Department of Mental Health/ Mental RetardaLion and Substance Abuse
Services included $1,241,206 in state funds for contractual services, and
WHEREAS, the Community Services Board has identified specific contractual
services which could be purchased with these additional funds to meet client
needs,
NOW THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA, that funds in the amount of $9,326 be appropriated to the MenLal fiealth
and Mental Retardation ConLractual Ser@ices Fund and that Revenue from the
Comonwealth to the Mental Ifealth and Mental Retardation Contractual Services
Fund be increased by $9,326.
This ordinance shall be effective from the date of its adoption.
AdopLed by the CounciL of the City of Virginia Beach, Virginia on
the Ninth day of May 1988.
FIRST READING: May 2, 1988
SECOND READING: May 9, 1988
- 39 -
Item III-K.l.
NEW BUSINESS ITEM # 29359
Upon motion by Councilman Fentress, seconded by Councilman Heischober, City
Council SCHEDULED for RECONSIDERATION the application of S. A. S. OCEANFRONT
ASSOCIATES' application for a non-conforming use on the northeast corner of
Atlantic Avenue and Laskin Hoad (Virginia Beach Borough). City Council had
DENTED said application on April 25, 1988.
RECONSIDERATION shall be SCHEDULED for the City Council Meeting of May 23,
1988, at 7:00 P.M-
Resolution authorizing the conversion of a
Nonconforming Use at 3017 Atlantic Avenue, property
of S.A.S. Associates.
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
- 40 -
Item V-L. 1 .
ADJOURNMENT ITEM 29360
Upon motion by Councilman Baum and BY ACCLAMATION, City Council ADJOURNED the
Meeting at 5:22 P.M.
Beverly 0. Hooks
Chief Deputy City Clerk
,kuth Hodges Smith, CMC
City Clerk
City of Virginia Beach
Virginia