HomeMy WebLinkAboutMAY 16, 1988
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"WORLD'S LARGEST RESORT CITY"
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281 CITY HALL BUILDING
MUNICIPAL CENTER
VIRGINIA BEA CLF, VIRGINIA 23456-9002
(80414274503
VIRGINIA BEACH CITY COUNCIL
AGENDA
may 16, 1988
ITEM I. CITY I-IANAGERIS BRIEFINGS - Conference Room - 10:00 A14
A. LEAD IN DRINKING WATER - Public Notification
Clarence C. Warnstaff, Director of Public Utilities
B. IIAYORIS TASK FORCE ON THE CITY'S APPEARANCE
William J. Whitney, Jr., Admi,nistrator of Environmental 14anagement
C. CITY ZONING ORDINANCE - Interim Report
Robert J. Scott, Director of Planning
ITEM Ii. COUNCIL CONFERENCE SESSION - Conference Room - 12: NOON
A. CITY COUNCIL CONCERNS
ITEM III. INFORMAL SESSION - Conference Room - 12:30 PM
A. CALL TO ORDER - Mayor Robert G. Jones
B. ROLL CALL OF COUNCIL
C. RECESS TO EXECUTIVE SESSION
ITEM IV. FORMAL SESSION - Council Chamber - 2:00 PM
A. IliVOCATION: Reverend John S. Abbott
Aragona Church of Christ
B. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
C. ELECTRONIC ROLL CALL OF CITY COU@CIL
D. ADOPTION OF ITPliS FOR THE FORMAL AUENDA
E. MINUTES
1. INFORMAL & @'01,@@AL SESSIONS - @@lay 9, 1988
F. PROOLA14ATION
1. NATIONAL PUBLIC WORKS WEEK
May 15-21, 1988
G. PUBLIC HFARING
1. CERTIFICATE OF OCCUPANCY
H. ORDINANCES
1. Ordinance upon SECOND READING to APPROPRIATE for the Fiscal Year
beginning July 1, 1988 and ending June 30, 1989, the sum of
$527,976,go6 for Operations and $188,879,621 in Interfund Transfers
and regulating the payment of money out of the City Treasury, as
amended.
2. Ordinance upon SECOND READING to ESTABLISH the tax levy on real
estate for Tax Fi.scal Year 1989.
3. Ordinance upon SECOND READING to ESTABLISH the tax levy on personal
property and machinery and tools for the Calendar Year 1989.
4. Ordinance upon SECOND READING to AMEND and REORDAIN Section 35-207
of the Code of the City of Virginia Beach, Virginia, pertai,ning to
the Tax Levy on the sale of cigarettes.
5. Ordinance to AMEND and REORDAIN Section 6-15 of the Code of the
City of Virginia Beach, Virginia, pertaining to Changing Clothes in
Public.
I. RESOLUTIONS
1. INDUSTRIAL DEVELOPMENT REVENUE BOND:
a. Sandcastle Motel, Inc. - Refunding Bonds - $2,500,000
2. Resolution authorizing The Honorable Robert G. Jones, Mayor of the
City of Virginia Beach, to accept in Dedication the Tidewater
Veterans Memorial from Virginia Beach Veterans Memorial Committee,
Inc. on MaY 30, 1988.
J. CONSENT AGENDA
All matters listed under the Consent Agenda are considered in the
ordinary course of business by City Council and will be enacted by one
motion in the form listed. If an item is removed from the Consent
Agenda, it will be discussed and voted upon separately.
1. Ordinance to AMEND and REORDAIN Section 21-339 of the Code of the
City of Virginia Beach, Virginia, by Adding Paragraph (3)
pertaining to Blood Alcohol Content-Presumption.
2. Ordinance to authorize the Acquisition of property in Fee Simple
for Lynnhaven Acres Sewer Improvements C.I.P. 6-930 by Agreement or
by Condemnation.
3 - Ordinance to authorize Acquisition of property in Fee Simple for
right-of-way for Holland Road/Princess Anne Road; and, the
Acquisition of Temporary and Permanent Easements of right-of-way,
either by Agreement or Condemnation.
4. Ordinance to apply for Community Development Block Grant Funds for
the Fourteenth Entitlement Program Year in the amount of
$2,159,000.
5. Resolution requesting $20,105 Grant Funds for the Virginia Beach
Clean Community Eleventh Year Program from the Department of
Conservation and Historic Resources, Division of Litter Control,
State of Virginia.
6. Ordinance to TRANSFER $18,000 from the Golf Course Enterprise Fund
for the Acquisition of a verti-drain machine for use at the three
municipally owned golf courses.
7. Ordinance Granting Franchise to Mariner Associates, a Virginia
Limited Partnership, to provide Lifeguard Services and Beach
Equipment Rentals on City property adjacent to the property
occupied by the Ramada Inn, 57th Street and Oceanfront.
8. LOW BID to REA Construction Company in the amount of $433,847 for
1987-1988 Bituminous Concrete Maintenance Schedule - Contract III.
9. RAFFLE PERMITS
Kiwanis Club of Kempsville
Philippino Nurses Association of Tidewater
10. CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY:
A. Cavalier Limousine Service
11. Ordinance authorizing tax refunds in the amount of $4,801-39.
12. Ordinance authorizing license refunds in the amount of $5,467.24.
K. UNFINISHED BUSINESS
L. NEW BUSINESS
1. Interim Financi.al Statements - July 1, 1987, through March 31, 1988
M. ADJOURNMENT
1 5
Item V-E. 1 .
MINUTES ITEM # 29434
ADD-ON
Upon motion by Councilman Fentress, seconded by Councilman Perry, City
Council APPROVED the Minutes of May 16, 1988, AS CORRECTED:
Councilman Fentress CORRECTED:
PAGE 33, ITEM #29405, Second Line, Second Paragraph
"No "skin" boards (items containing rubber and
foam) will be rented" should correctly read:
"No "skim" boards will be rented. Only rubber or
foam rafts will be rented."
Councilwoman Parker CORRECTED:
PAr.E 23, ITEM # 29395, Ordinance to AMEND and
Reordain Section 6-15 of the Code of the City of
Virginia Beach, Virginia, pertaining to Changing
Clothes in Public.
The Vote should read:
Voting: 9-2
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Robert E.
Fentress, Harold Heischober, Barbara M. Henley,
Mayor Robert G. Jones, John D. Moss, Vice Mayor
Meyera E. Oberndorf and Nancy K. Parker
Council Members Voting Nay:
Reba S. McClanan and John L. Perry
Council Members Absent:
None
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
M I N U T E S
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
May 16, 1988
The CITY MANAGER'S BRIEFINGS of the VIRGINIA BEACH CITY COUNCIL were called
to order by Mayor Robert G. Jones in the Conference Room, City Hall Building,
on Monday, May 16, 1988, at 10:00 A.M.
Council Members Present:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Harold Heischober, Barbara M. Henley, Mayor Robert G.
Jones, John D. Moss, Vice Mayor Meyera E. Oberndorf,
Nancy K. Parker and John L. Perry
Council Members Absent:
Reba S. McClanan (ENTERED: 10:25 A.M.)
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0 I T Y M A N A G E R IS B R I E F I N G
LEAD IN DRINKING WATER
10:00 A.M.
ITEM # 29361
The City Manager introduced Clarence C. Warnstaff, Director of Public
Utilities. Clarence Warnstaff advised the Water Utility industry throughout the
nation is a highly regulated industry. For example, the Commonwealth is
subject to Federal regulations. The law governing Federal Regulations i3 the
Safe Drinking Water Act. The Safe Drinking Water Act is enforced by the
Environmental Protection Agency. At the State Level, the Commonwealth is under
the jurisdiction of the Virginia Department of Health. The City must comply
with both Federal and State Law. When the Safe Drinking Water Act was Amended
in 1986, one of the issues that was focused upon was the use of lead in the
construction of the water distribution system and also in the construction of
the plumbing inside the home. Every water utility industry requires the
issuance of a Public Notice in the Newspaper regarding the Lead in Drinking
Water. Even though the City is not in violation of any of the State or Federal
water quality standards, the City is required to issue the Public Notice. (Said
Public Notice is hereby made a part of the record.) This NOTICE will appear
Friday, May 20, 1988, in the Virginian-Pilot, Ledger-Star. Some of the language
contained in said Public Notice is mandated by the Environmental Protection
Agency. The City is co-ordinating this notice with the surrounding utilities -
Chesapeake and the City of Norfolk. The City has also enhanced the testing for
lead. More testing has been accomplished than required by law. There have been
no problems of lead detected in the system. The Department of Public Utilities
has even gone to the extent of going inside customer's homes. About fifty homes
in Virginia Beach have been chosen to take water directly from the tap. Two
samples were taken, one first thing in the morning and another after the water
ran a couple of seconds. The purpose of said testing was to determine whether
there was any lead accumulated in the home plumbing as the water sat in the
pipes overnight. In the construction of homes and buildings, most of the pipes
utilized are copper pipes but they are joined together by lead solder. The
issue therefore is has the water caused any of the lead to be dissolved as it
sits there overnight. If it has, what is the level of that dissolved lead.
Approximately two years ago, the use of lead solder was banned. As a result of
the testing, the City found no problems. Clarence Warnstaff emphasized lead
pipes are not utilized in the Virginia Beach Water System. The only lead that
may possibly be in the system is what is called a service line that connects
the Customers' water meter to the main in the street called a water tap. The
City has not utilized any of this in three or four decades. Any time a lead
service line is discovered it is removed and replaced. Most of the building in
Virginia Beach has been done since the 1930's-
The City Manager advised there was some old "lead neck" connections in the
Beach Borough. Approximately ten or twelve years ago, when a substantial
number of the old ten-inch lines in the Beach Borough were replaced, these old
"lead neck" connections were removed.
Clarence Warnstaff advised the PUBLIC NOTICE and lead testing has been co-
ordinated with the Department of Health Department, Dr. George Sjolund. Dr.
Sjolund reports that lead tests conducted by the local Health Department have
not detected any elevated levels of lead. In his opinion, there is no reason to
believe the City will have any problem with elevated levels of lead for the
Citizens of Virginia Beach. In Dr. Sjolund's opinion, the Virginia Beach
system is in full compliance with Federal and State Law. This NOTICE is
required to be run three times for three (3) consecutive months. The ad shall
run in May, June and July.
In response to Vice Mayor Oberndorf's inquiry, Clarence Warnstaff advised for
additional information on this matter, the Virginia Beach Department of Public
Utilities may be called at 472-4631 betwen 8:00 to 5:00 P.M., Monday through
Friday. This was so noted in the PUBLIC NOTICE. If a customer has a concern,
the City will provide, the name of a private certified testing laboratory. The
tests costs will range form $25 to $50.
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C I T Y M A N A G E R I S B R I E F I N G S
14AYORIS TASK FORCE ON THE CITYIS APPEARANCE
10:27 A.M.
ITEM # 29362
On March 21, 1988, the 14AYORIS TASK FORCE ON THE.CITY'S APPEARANCE completed a
preliminary report and forwarded that report to the City Council. The goal of
the Task Force was to recommend strategies which, if undertaken, would result
in the City of Virginia Beach being recognized as the "most beautiful city in
the United States" by the year 2000.
Jack Whitney, Director of Environmental Management, distributed a Memorandum
relative the City Staff review of the report. (Said Memorandum is hereby made a
part of the record.) The report contains fifteen (15) specific goals, thirty-
nine (39) more specific objectives and one hundred twelve (112) individual
strategies to be adopted. The report describes the importance of aesthetics in
all aspects of the Community as part of the general welfare. The report
believed consideration of aesthetics should be integrated into all of the
various public and private actions that occur within the community.
Consideration of aesthetics should be fundamental and well co-ordinated and
part of our way of life. The report implies an ethic needs to be created and
nurtured in the community whereby individual actions whether or not they are
pursuant to a City Council resolution or ordinance or State Law are conducted
in the manner which aims toward the overall enhancement of the City's
appearance. Aesthetics cannot be legislated into being. A beautiful city
cannot be legislated into being, it has to be something that emerges out of an
ethic in the community, it has to be something that the City wants to happen.
The burden of obtaining this goal cannot solely be placed on the public sector
or the private sector. This must be something the entire community desires and
wishes to implement with or without the assistance of specific legislation. It
is apparent in the work of the task force that the responsibility for
undertaking such an effort does not fall within the purview of a single
individual or a single agency but rather is broad-based and relies heavily upon
volunteerism on the part of individual residents and organizations. In the
work of the task force, it is apparent this endeavor will be a continuing
process and will require a constant and increased level of vigilance,
participation and maintenance if the City's appearance is to be improved and
sustained over time.
The objectives and strategies of the Report of the MAYOR'S TASK FORCE ON THE
CITY'S APPEARANCE are subdivided into four (4) categories:
Legal Considerations
Horticulture and Landscaping Considerations
Highways
Public Open Space and Waterways
City Council recently adopted new sign regulations which address the majority
of points raised in this section related to Legal Considerations. In addition,
the Atlantic Avenue Facade Program has been augmented by local lending
institutions creating a pool of approximately $1-MILLION available for low-
interest loans to businesses participating in this program. Negotiations are
currently underway with Virginia Power which may pave the way for the
development of an equitable formula to provide for burying existing overhead
electrical and telephone lines. In the Fall, the City will develop a
legislative package for discussion and distribution to the City's General
Assembly. It may be advantageous for the MAYOR'S TASK FORCE ON THE CITY'S
APPEARANCE to participate in the development of this year's legislative package
and assist the City in gaining support from localities for mutually desired
legislation and in communicating the benefits of such legislation to the
lawmakers. Work has previously been done by the Tree Protection Task Force
which resulted in the recommendation that a Shade Tree Commission be
established to work on a voluntary basis with developers throughout the City to
- 4 -
C I T Y M A N A G E R I S B R I E F I N G S
MAYORIS TASK FORGE ON THE CITY'S APPEARANCE
10:27 A.M.
ITEM # 29362 (Continued)
seek ways in which existing trees can be retained and improved during the
course of development. Municipal construction projects such as the Marine
Science Museum and the Central Library demonstrate the highest levels of design
quality and landscaping provisions and continue to be recognized among the
leading examples of good architecture in the region. The Planning Commission
and the City Council have recently completed a revision to the Comprehensive
Zoning Ordinance which contains many features relative to aesthetic
improvement. However, certaiti recommendations of the Task Force relating to
such aspects of zoning as architectural design, material and compatibility,
reduced signage and artworks would necessitate considerable further study by
the Planning Commission. It must be noted that the Pembroke Central Business
District Association has retained a consultant to prepare a Comprehensive Plan
for the Pembroke Area. This Plan will address, to some extent, issues raised in
the Task Force Report. In addition, the City is currently in the process of
selecting a consultant to perform an overall circulation study of the Pembroke
Area.
With reference to the Horticulture and Landscaping Section, the development of
a coordinated City Master Landscaping Plan may provide a more organized
approach. In order to develop such a plan, additional resources and staffing
will be required. The development and administration of a City Master
Landscaping Plan can be conducted with the assistance of the City's Division of
Landscape Services, various Garden Clubs, the Virginia Beach Beautification
Commission, Master Gardeners of Virginia Beach along with assistance from local
nurseries and other community service organizations. In turn, such a Master
Plan would be very useful in creating enthusiasm and interest within the
community for participation in various components of the overall Master Plan
utilizing volunteer labor and voluntary compliance as a hallmark of such an
effort.
The major goal of the Highways component of the preliminary report involves
making the Southeastern Expressway, an aesthetically pleasing and functional
highway. This can be done through creative bridge and intersection design,
flexibility of design, landscaping, screening, noise attenuation and the
elimination of commercial signage. Tt is recommended that the City forward to
the Virginia Department of Transportation and its consultants working on the
project the City's interest in these areas and work with the V-DOT in
developing cost effective and innovative alternatives. Capital Improvement
Projects for construction should include, as part of the overall project cost,
landscaping. The City should also participate with the Southeastern Virginia
Planning District Commission and the Virginia Department of Transportation in
the development of design standards for state funded and federally funded road
projects throughout the region so as to include strong consideration to the
provision of landscaping, buffering screening, noise attenuation and associated
maintenance as part of the overall project design. Further, this landscape
planing should be developed as part of the preliminary designs and made
available for public review at such time as public hearings on the projects are
conducted.
With relation to Public Open Space and Waterways, to a large extent the office
of Environmental Management was created for the purpose of providing this
function within the overall City administration Many of the strategies
outlined by the Task Force and aimed at accomplishing these objectives have
already been undertaken by this office of Environmental Management. For
example, the City Council and Planning Commission have recently established a
Back Bay/North River Landing Management District and incorporated it by
reference into the Comprehensive Plan. This set of land-use planning
guidelines will serve as an aid to land-use decision-making in the southern
half of the City.
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C I T Y M A N A G E R I S B R I E F I N G S
MAYOR'S TASK FORGE ON THE CITY'S APPEARANCE
10:27 A.M.
TTME # 29362 (Continued)
The Scenic Waterway system developed within the past several years is being
expanded to include additional waterway segments within the City. Maintenance
of these waterways is being increased to a level associated more with
recreational useage and aesthetic enhancement rather than merely for drainage
purposes. The City is currently in the process of undertaking a thorough and
detailed review of a number of such land-use planning techniques associated
with the concept known as "Transfer of Development Rights". This effort will
commence this month and conclude, in mid-Fall 1988. Numerous state agencies
currently sample water bodies within the City of Virginia Beach for a variety
of purposes and programs. Should the City decide to become involved in a broad
comprehensive water quality monitoring effort, a considerable amount of further
study will need to be conducted to determine exactly what type of water quality
monitoring should be conducted and for what purpose the data can be used.
About one-third of the 112 recommendations contained in the Task Force Study
entail budget considerations. Since there are so many, it will involve further
detailing to focus in on the more important recommendations and objectives.
Jack Whitney reiterated basic principals which the Community at large must
operate under to comply with the objectives:
Better Design, both public and private
Aesthetic Considerations in Zoning Ordinances.
Comprehensive Planning for Open Space and
Landscaping
Legislative Reforms
Volunteerism
Education
Co-ordination
Preventative and Remedial Actions
Innovation
Improved Enforcement and Maintenance
Acknowledgement
The MAYOR'S TASK FORCE'S REPORT on the CITY'S APPEARANCE contains a letter from
Virginia Tech which offers assistance in the preparation of a visual study for
Virginia Beach through the College of Landscape Architecture. A copy of a
study for the Town of Blacksburg was submitted for review.
Pat Bridges, complimented Jack Whitney on his summarization of the TASK FORGE
report. Pat Bridges requested City Council evaluate this report as to whether
said report would assist Virginia Beach the most beautiful City in the United
States.
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C I T Y M A N A G E R I S B R I E F I N G S
MAYOR'S TASK FORCE ON THE CITY'S APPFARANCE
ITEM # 29362 (Continued)
Pat Bridges referenced Mary Reid Barrow's column of May 12, 1988 in THE BFACON
relative "OPERATION SUNBURSTU which will challenge every citizen in the
Virginia Beach to plant just ten daffodil bulbs. Citizens who live on the upper
floors of apartments can send donations to Landscaping and they will plant the
daffodils in the media strips of the City.
Pat Bridges complimented Mayor Robert Jones for this concept.
- 7 -
C I T Y M A N A G E R I S B R I E F I N G S
INTERIM REPORT CITY ZONING ORDINANCE
11:40 P.M-
ITEM # 29363
Robert Scott, Director of Planning, related various items of concern.
With regard to Office Parking, Robert Scott enclosed a sheet specifying various
parking requirements in a number of locations throughout Virginia. One space
per 250 square feet is neither a strict nor lenient extreme of parking
requirements but is of a moderate nature when compared to others in effect in
Virginia. An excerpt from a ULI publication on office development, supporting
the concept of one space per 250 square feet, is at least recognized by that
authority as being appropriate.
BY CONSENSUS, City Council will retain the Office Parking at one space per 250
square feet but will keep same in mind for a long range study.
Robert Scott, Director of Planning, referenced Shopping Genter Parking. An
ordinance that will achieve to some degree a lessening of parking requirements
for very large shopping centers in accordance, at least in a general sense,
has been presented. Robert Scott advised Pembroke Mall is comprised of
approximately 50 acres, Lynnhaven Mall - 100 acres, the two Shopping Centers at
the corner of Kempsville and Providence Road are each about 25 acres, the
Shopping Center at the Corner of Great Neck Road and First Coloniai Road is
approximately 12 acres; Hilltop, North and east - over 40 acres; and, the
Shopping Center at the corner of Oriole and Laskin is approximately 4 to 5
acres. Robert Scott defined a Shopping Center as being zoned the same and owned
by the same individual, greater than 5 acres in size and comprised of at least
eight (8) businesses.
The City Staff will provide examples depicting the effect of said proposed
Ordinance on parking. Councilman Heischober requested the Ordinance reflect the
three categories of shopping centers located on a zoning lot up to 15 acres -
5%, uP to 30 acres - 10% and over 30 acres 15%.
An Ordinance to Amend and Reordain Article 7, Section 704 of the City Zoning
Ordinance Pertaining to Height Regulations in Hotel Districts was referenced.
The Ordinance shail apply on that portion of the H-1 zoning lot within one -
hundred (100) feet of the adjoining residential or apartment district. Robert
Scott advised this particular section has been troublesome over the years. City
Council referenced the definition of an alley.
- 8 -
ITEM # 29364
CITY COUNCIL CONCERNS 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 16, 1988, at 12:35 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
- 9 -
C I T Y C 0 U N C I L C 0 N C E R N S
ITEM # 29365
Mayor Jones welcomed the attendance of Councilman-Elect William Douglas
Sessoms, Jr.
ITEM # 29366
Councilman Perry referenced SECOND READING 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. (See Item IV-H-4 ORDINANCES).
Councilman Perry inquired as to who would be paying this Tax on Cigarettes.
The City Manager advised the ultimate payer of the tax is the purchaser of the
cigarettes, but it is collected through the wholesalers when the cigarette
stamp is actually placed on the cartons and it is collected when they are put
out for the market.
ITEM # 29367
Councilman Balko referenced co-ordinating City functions. There are two
overlapping private occasions. One entails the RESORT AREA ADVISORY COMMISSION
and the other is a POLICE CEREMONY. Mayor Jones suggested utilizing a
Calendar like the one used for the different functions in City Council
Chambers.
ITEM # 29368
Councilwoman Parker referenced the State Meet at 10:00 A.M. GREEN RUN HIGH
SCHOOL of a @larshal Arts Group comprised of approximately 1500 individuals.
Bryan Brown at the Hilton is the Co-ordinator.
ITEM # 29369
Councilwoman Parker referenced a letter from Ted Dozier relative Commonwealth
Attorney Scortino. Ted Dozier was concerned relative the amount of money for
the insurance settlement. Councilwoman Parker requested someone address
concerns of other individuals related to this issue.
ITEM # 29370
Councilman Moss referenced significant changes relative the Southeastern
Expressway and requested at the appropriate time a presentation concerning
these changes be presented to City Council.
The City Manager will SCHFDULE Briefing.
Councilman Moss requested an assessment of the CAPITAL IMPROV @ NT PROGRAM, if
the Southeastern Expressway were to come forward on the accelerated timetable
it appears to be on.
Councilwoman McClanan referenced the impact on the houses along Landstown Road.
Councilwoman McClanan was under the impression the push was to build the
Southeastern Expresssway and the other considerations were immaterial. The City
Manager advised he will have the State representatives attend a WORKSHOP with
City Council.
Mayor Jones referenced the possibility of contracting with an organization
similar to the Urban Land Institute relative a corridor design, not just the
road design, but what the land use impact would be along this point.
- 10 -
C I T Y C 0 U N C I L C 0 N C E R N S
ITEM # 29371
Vice Mayor Oberndorf referenced an article in the Virginian-Pilot/Ledger-Star
relative a family desperately trying to sell their home. Same may be impacted
by the Southeastern Expressway. The State officials have informed them the
City Council can buy their home and land. Vice Mayor Oberndorf inquired
relative the power of condemnation. If the City were interested in acquiring
same what funding sources were available. Is the State providing the funds to
the City to buy same. The City Attorney advised condemnation only begins when
the right-of-way plans and centerline and dimensions have been established.
Councilwoman McClanan requested the citizenry involved be invited, as well.
ITEM # 29372
Vice Mayor Oberndorf referenced the RESCHEDULING of the City Council Session of
July 4, 1988 to July 5, 1988. This item will be ADDED to the FORMAL AGENDA.
ITEM # 29373
Vice Mayor Oberndorf requested a SPECIAL SESSION of the City Council be
SCHEDULED for Friday, July 1, 1988, for Mayor and City Council's Oaths of
Office and the Election of Vice Mayor. This item will be ADDED to the FORMAL
AGENDA.
ITEM # 29374
Vice Mayor Oberndorf received a letter from Anthony P. Mehfoud, Chairman of
the Henrico Board of County Supervisors, dated May 12, 1988. Anthony Mehfound
is supporting the Law Enforcement Officers in their support of the VIRGINIA
SPECIAL OLYMPIGS.
This year more than 40,000 officers worldwide will run over 52,000 miles -
twice the distance around the earth's equator. Anthony Mehround is requesting
the City issue a PROCLAMATION recognizing the 1988 VIRGINIA SPECIAL OLYMPICS as
a fitting cause to unite local law enforcement officers, thereby giving them
closer ties to the community and to a very special population - the mentally
retarded.
BY CONSENSUS, City Council will issue a PROCLAMATION.
ITEM # 29375
Vice Mayor Oberndorf advised of a gift. The Children of the Third Grade in
Genterville Elementary School have done a complete history of the City of
Virginia Beach depicting the present City Council, as well as the past.
Councilwoman McClanan will utilize same in the City's TWENTY-FIFTH ANNIVERSARY
CELEBRATION.
ITFII # 29376
Councilwoman Henley invited City Council to the 4-H Livestock Show and Auction
Friday, May 20, 1988, at the site of the Chesapeake Jubilee. The Livestock
Show will be from 10:00 A.M. to approximately 11:00 P.M. in the evening with
the Auction starting at ?:00 P.M.
ITEM # 29377
The Mayor distributed the REVISED reverse side of the Cover Sheet to the City
Council's Weekly Agenda and requested suggestions.
ITEM # 29378
Councilman Perry advised of a citizen's complaint relative receiving a ticket
for not bringing in his automated trash container on time. Both he and his
wife work. The City Manager will investigate this instance.
- 11 -
ITEM # 29379
The INFOR14AL 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 16, 1988, at 1:04 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
- 12 -
ITFM # 29380
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 MATTERS: Discussion or consideration of employment, assignment,
appointment, promotion, performance, demotion, salaries, disciplining or
resignation of public officers, appointees or employees.
2. PUBLICLY HELD PROPERTY: Discussion or consideration of the condition,
acquisition or use of real property for public purpose, or of the
disposition of publicly held property, or of plans for the future of an
institution which could effect the value of property owned or desirable
for ownership by such institution.
3. LEGAL MATTERS: Consultation with legal counsel or briefings by staff
members, consultants or attorneys, pertaining to actual or potential
litigation, or other legal matters within the jurisdiction of the public
body. Specific items of business on the City Council agenda that may be
discussed in Executive Session are the following: H-5, I.2, J.7.
Upon motion by Councilman Moss, seconded by Councilman Balko, City Council
voted to proceed into EXECUTIVE SESSION.
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Harold Heischober, Barbara M. Henley, Mayor Robert G.
Jones, Reba S. McClanan, John D. Moss, Vice Mayor
Meyera E. Oberndorf, Nancy K. Parker and John L.
Perry
Council Members Voting Nay:
None
Council Members Absent:
None
- 13 -
F 0 R M A L S E S S I 0 N
VIRGINIA BEACH CITY COUNCIL
May 16, 1988
2:00 P.M.
Mayor Robert G. Jones called to order the FORMAL SESSION of the VIRGINIA BEACH
CITY COUNCIL in the Council Chambers, City Hall Building, on Monday, May 16,
1988 at 2:20 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 John S. Abbott
Aragona Church of Christ
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
- 14 -
ADOPTION OF ITEMS
Item V-D.l. ITEM # 29381
Councilwoman McClanan referenced the Ordinance to authorize Acquisition of
property in Fee Simple for right-of-way for Holland Road/Princess Anne Road;
and, the Acquisition of Temporary and Permanent Easements of right-of-way,
either by Agreement or Condemnation. (See Item IV-J-3 of the CONSENT AGENDA).
This item will be MOVED FORWARD for DEFERRAL. Mrs. Kellam had advised
Councilwoman McClanan the City Staff had not yet discussed the present plans
with her.
Item V-D.2. ITEM # 29382
Councilman Perry referenced an Ordinance to apply for Community Development
Block Grant Funds for the Fourteenth Entitlement Program Year in the amount
of $2,159,000. (See Item TV-J-4 of the CONSENT AGENDA).
This item will be pulled for a separate vote.
Item IV-D-3 ITEM # 29383
Councilman Fentress referenced an Ordinance Granting Franchise to Mariner
Associates, a Virginia Limited Partnership, to provide Lifeguard Services and
Beach Equipment Rentals on City property adjacent to the property occupied by
the Ramada Inn, 57th Street and Oceanfront. (See Item IV-J.7 of the CONSENT
AGENDA).
This item will be pulled for a separate vote.
Item IV-D.4. ITEM # 29384
The City Clerk referenced her letter of May 16, 1988, requesting City
Council's consideration as to whether to CANCEL or RESCHEDULE the Formal
Session of JulY 4, 1988. As per the request of Vice Mayor Oberndorf, this
item will be ADDED under NEW BUSINESS.
Ttem TV-D-5- ITEM # 29385
Vice Mayor Oberndorf referenced the SPECIAL SESSION of the City Council to be
SCHEDULED for Friday, July 1, 1988, for Mayor and City Council's Oaths of
Office and Election of Mayor.
This item will be ADDED under NEW BUSINESS.
Item V-D.6. ITEM # 29386
The City Clerk referenced the addition to the AGENDA of APPOINTMENTS to the
ARTS & HUMANITIES COMMISSION, SOCIAL SERVICES BOARD and the SOUTHEASTERN
VIRGINIA PLANNING DISTRICT COMMISSION
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.
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 SESSIONS 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 - CAC.
" ... That the Planning Commission in conjunction
with the Citizens Advisory Committee is
hereby directed to consider...
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Harold Heischober, Barbara M. Henley, Mayor Robert
G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor
Meyera E. Oberndorf, Nancy K. Parker and John L.
Perry
Council Members Voting Nay:
None
Council Members Absent:
None
- 16 -
Item IV-F.l.
PROCLAMATION ITEM # 29388
Mayor Robert G. Jones PROCLAIMED the week of May 15-21, 1988 as:
NATIONAL PUBLIC WORKS WEEK
This PROCLAMATION recognized the efficiency of the qualified and dedicated
personnel who staff public works departments is materially influenced by the
people's attitude and understanding of the importance of the work they
perform.
C. Oral Lambert, Jr., Director of Public Works, ACCEPTED this PROCLAMATION.
- 17 -
Item IV-G.l.
PUBLIC HEARING ITEM # 29389
Mayor Robert G. Jones DECLARED a PUBLIC HEARING:
CERTIFICATE OF OCCUPANCY
Attorney William M. Macali advised this Ordinance was conceived by the
Department of Permits and Inspections in response to the problem of the age of
housing stock. Every house that is built becomes old and sooner or later begins
to experience deterioration in one form or another. By the year 2000, more than
one-half of the City's Housing Units will be 20 years or age or older. The
basic thrust of the Ordinance is to require that in the case of all dwellings
and dwelling units within the City which will include a single-family building,
an attached dwelling, a semi-attached dwelling, duplexes, multi-family
dwellings, or any individual dwelling unit within any of those having an age of
ten years or more must upon resale for purposes of occupancy, be inspected in
order to determine whether or not that dwelling or dwelling unit complies with
all the applicable standards set forth in the City's Housing Code. The
Ordinance was not intended to be a "cure-all" for any types of possible defects
or deterioration in houses. There are some exemptions. The Ordinance would
not apply to any dwelling or dwelling unit which in conveyed is less than fee
simple, less than ten (10) years of age as of the date of consumation of sale,
conveyance or other transfer; or conveyed or transferred for purposes other
than occupancy as a dwelling unit. The Draft of an Ordinance to Amend and
Reordain the Code of the City of Virginia Beach, Virginia, By adding Section
16-10.1, pertaining to Certificates of Occupancy for Certain Dwellings is
hereby made a part of the record.
The following spoke in OPPOSITION:
John Van Huyck, 1023 Colonial Meadows Way, Phone: 481-6932, represented
himself. John Van Huyck advised relative protecting buyers of single family
homes there are numerous methods already available. There are Home Inspection
Services available which will perform a more thorough inspection than is
contemplated by the proposed Ordinance. A period of twenty or twenty-five
years would be more reasonable than ten years.
Ronald C. Ripley, 808 Newtown Road, Phone: 473-8575. Ronald Ripley represented
the Tidewater Board of Realtors as Chairman of the Governmental Affairs
Committee. Copy of his statement itemizing the sixteen points of opposition is
hereby made a part of the record.
William J. Holloran, Jr., 4512 Virginia Beach Boulevard, Phone: 490-1221,
Executive Director of the Hampton Roads Chamber of Commerce. Mr. Holloran's
statement is hereby made a part of the record. The Hampton Roads Chamber of
Commerce is opposed to the Ordinance as its impact on property owners will be
significant. The ordinance will impose a government entity into the
approximately 8700 real estate transactions that occur on an annual basis, the
ordinance will impact the timely response needed by home buyers, the Ordinance
does not address rental units, and this Ordinance will have its most severe
impact on low income citizens.
Ernest F. Kerekes, 904 Ballylinn Road, Phone: 420-6226, Area Vice President of
the National Association of Retired Federal Employees in the Hampton Roads
area. Ernest Kerekes advised it is felt there are adequate Federal and State
regulations. If properly enforced, they would render the proposed Certificate
of Occupancy redundant.
Rae H. LeSesne, 5325 Thornbury Lane, Phone: 497-800, President of the Citizens
Action Coalition, Inc. The Officers and Members of the Board of Directors of
the Citizens Action Coalition are unanimously OPPOSED to the Ordinance. There
are adequate safeguards to maintain the appearance of the City's Housing stock.
- 18 -
Item IV-G.l.
PUBLIC HFARING ITEM # 29390
Jim Reedy, 4605 Revere Drive. Jim Reedy manages Housemaster of America Home
Inspection Service in Virginia Beach. This particular Ordinance will give the
home buyer a false sense of security. The majority of problems with homes are
found in the crawlspaces and in the electrical boxes. The Certificate of
Occupancy is just a cosmetic inspection.
Richard Corner, 1444 Goose Landing Road, represented the Council of Civic
Organizations of Virginia Beach, Inc. Richard Corner distributed a copy of his
remarks. Said copy is hereby made a part of the record. The Council of Civic
Organizations of Virginia Beach wished to express its stern and unanimous
opposition to the proposed Certificate of Occupancy Inspection and Permit
Ordinance.
Edward Bankston, 4316 Hermitage Road, Phone: 460-1735, resident of
Thoroughgood. Mr. Bankson felt this Ordinance gives the City the ultimate
authority for resale of the citizens property and infringes seriously on the
free market enjoyed in a capitalistic society.
Steve S. Dudley, 400 ClYne Lane, Phone: 486-4258. Steve Dudley advised this
Ordinance was vague. This ordinance singled out the home-seller and recommended
a Committee be appointed from various sections of the City to study this
Ordinance.
Bob Engesser, 5290 Vestry Drive, Phone: 499-3157, advised the home he purchased
sixteen years ago did not comply with the building codes of this City.
WORKSHOPS will be SCHEDULED to consider the concerns of the citizens.
There being no further speakers, Mayor Robert G. Jones CLOSED the PUBLIC
HEARING.
- 19 -
Item IV-H.1
ORDINANCES ITIN # 29391
Senator Moody E. Stallings, 1213 Laskin Road, representing a Local Tobacco
Wholesaler, spoke in OPPOSITION to the cigarette tax. Only five states give the
power to tax on cigarettes.
Bob Engesser, 5290 Vestry Drive, Phone: 499-3157, requested the Budget be
"rolled-back" to last year's figures.
Upon motion by Councilman Heischober, seconded by Vice Mayor Oberndorf, City
Council ADOPTED, upon SECOND READING:
Ordinance to APPROPRIATE for the Fiscal Year
beginning July 1, 1988 and ending June 30, 1989,
the sum of $527,976,906 for Operations and
$188,879,621 in Interfund Transfers and regulating
the payment of money out of the City Treasury, as
amended.
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:
@ione
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.)
Item IV-H.1, 2 and 3 were voted upon together.
Cit@ c:>f
JOHN D. MOSS 4021 GLEN ROAD
COUNCILMAN VIRGINIA BEACH, VIRGINIA 23"2
KEMPSVILLE BOROUGH (8N) 49@18
March 30, 1988
Mrs. Ruth Hodges Smith, CMC
City Clerk
Municipal Center
Virginia Beach, VA 23456
Re: School Board Budget
Dear Mrs. Smith:
Pursuant to section 2.1-639.14E of the Code of Virginia,
Ann., I make the following declaration:
1. As a member of the City Council of the City of Virginia
Beach, I have a duty and responsibility to the citizens of
Virginia Beach to review, make recommendations and approve or
deny the School Board budget, and I intend to carry out said
duties as fairly and faithfully as I can; and
2. Pursuant to the State Conflict of Interests Act prior to
taking any action on the school Board budget, I am disclosing
that my wife is a teacher in the Virginia Beach school system;
and
3. My wife, as a teacher in a profession, occupation and
group along with several hundred other teachers, could possibly
be affected by CitY Council's vote on the School Board budget;
and
4. I am able to review, make recommendations and approve or
deny a budget regarding the School Board fairly, objectively and
in the public interest even though my wife is one of many
teachers within the school system.
Mrs. Ruth Hodges smith -2- March 30, 1988
ACCordingly, I respectfully request that you record this
declaration in the official records of the City Council. Thank
you for your assistance and cooperation in this matter.
VeFy t@uly yours,
ncilmember
JDM/CJS/awi
cc: Paul A. Sciortino, Commonwealth Attorney
OFFICE OF THE CITY MANAGER MUNICIPAL CENTER
(aO4) 427-4242 VIRGINIA BEACH. VIRGINIA 234@.m2
May 16, 1988
The Honorable Mayor
of City Council
Dear Council
Based on the co of Council at the May 2, 1988 re0onCiliation
workshop and amendments adopted with the first reading of the
ordinarr-e, the following modifications have been ir=rporated in the
appropriaton ord for the FY 1988-89 Operating Budget:
ITEM AMCUNR
1. Reduction to Municipal @ills Contractual s (18,000)
Services.
2. Reduction to the Sheriff's budget resulting (44,000)
frcm the deletion of four vehicles.
3. Addition to city grant p for fund@ at 44,620
$2.00 per capita based on alternative three
with full fundir)g of SEVAMP request and condi-
tiOning HOSPICE grants to the develo@t of a
consolidation of service delivery a t.
4. Addition of a Benefits Ark-dyst position for the 39,481
Persomel De t.
5. Reduction to Parks and Recreation Department as (25,000)
a result of ordinance adopted May 2, 1988
adv-ing the replacemnt of the sw@ pool
filtration system at the Virginia Beadi
ation Center/ ille.
6. Reduction to Reserve for Contingencies as a net (51)
result of itenr- #1 through #5 and as a result of
the reduction in $2,950 in revenue from the
decrease in the recreation center Gold Card fee
fran $25 to $15.
Net Charxge to Budget $ (2,950)
-2-
Memo to of ii May 16, 1988
Pl- let me know if there are any additions or deletions you wish
to make to this list.
Sinoerely yours,
Aub4 t Tr.
City Manag-
AN ORDINANCE MAKINC 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-SIX THOUSAND,
NINE HUNDRED SIX DOLLARS ($527,976,906)
FOR OPERATIONS AND ONE HUNDRED EIGHTY-EIGHT
MILLION, EIGHT HUNDRED SEVENTY-NINE THOUSAND,
SIX HUNDRED TWENTY-ONE DOLLARS ($188,879,621)
IN INTERFUND TPANSFERS AND REGULATING THE PAYMENT
OF MONEY OUT OF THE CITY TREASURY, AS AMENDED.
WHEREAS, the City Manager has heretofore submitted to the Council an Ann.al
Budget for the city for the fiscal year beginning July 1, 1988, and ending
June 30, 1989, and it is necessary to appropriate sufficient Tunds 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, EICHT HUNDRED FIFTY-SIX THOUSAND, FIVE HUNDRED TWENTY-SEVEN DOLLARS
($716,856,527) consisting of ONE HUNDRED EIGHTY-EIGHT MILLION, EIGHT HLJNDKED
SEVENTY-NINE THOUSAND, SIX HUNDRED TWENTY-ONE DOLLARS ($188,879,621) in interfund
transfers and FIVE HUNDRED TWENTY-SEVEN MILLION, NINE HUNDRED SEVENTY-SIX
THOUSAND, NINE HUNDRED SIX DOLLARS ($527,976,906) for operalions or so much
thereof as may be necessary as SeL forth in the Annual Budget for the liscal year
1988-1989, are hereby appropriated subject to the conditions hereafter set forth,
for the year 1988-1989, for the use of the several departments and specially
designated funds of the city goverrunent, and for the purpose hereafter menlioned,
as set forth in said Annual Budget, which is hereby incorporated by reference,
for the fiscal year beginning July 1, 1988 and ending June 30, 1989 as follows:
BudgeL
Item of Expenditure 1988-1989
------------------- ---------
GENERAL FUND
LEGISLATIVE DEPARTMENT:
01010 Municipal Council $ 329,314
01011 City Clerk 231,566
--------------
Total $ 560,88U
--------------
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, 77 3
04012 City Real Estate 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 301,584
05003 Testing and Selection 298,164
05004 Compensation Administration 292,238
05005 Training and Development 305,903
--------------
Total $ 1,491,007
--------------
JUDICIAL DEPARTMENT:
Courts and Public Defender:
06011 Circuit Court 221,645
06016 General District Court 45,260
06017 Juvenile and Domestic Relations District Court 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 1,735,45/
07013 Occupational Health 314,598
07014 Constractual Health Services 560,900
--------------
Total $ 2,610,955
--------------
Budget
Item of Expenditure 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 RecreaLion 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 1,155,485
11671 Bow Creek Cormunity Center 334,609
11072 Seatack Community 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 $ 9,641,098
--------------
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
15216 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 Safety 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 AdminisLration 486,989
16032 Grounds Maintenance 2,354,958
16033 Beautification 1,519,014
BudgeL
Item of Expenditure 1988-1989
------------------- ---------
GENEP,AL 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 Distribution 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 i4,622
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 $ 570,051
22012 Housing Property Maintenance 352,631
22013 Building Inspections 1,067,297
22014 Zoning Code Enforcement 38 2 , 22 4
22015 Weights and Measures 116,218
--------------
Total $ 2,488,427
--------------
DEPARTMENT OF MENTAL HEALTH:
23001 Board Office 288,609
Comprehensive Mental Health:
23002 Program Clinical Support 380,313
23003 Older Adult Services 182,383
23004 Outpatient Services 457,097
23005 Comunity Rehabilitation 725,438
23006 Emergency Services 550,562
23007 Child and Youth Services 528,403
23017 Older Adults Day Treatment 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 HEALTH: (concluded)
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 Abus6 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 777,602
Salary 3,690,000
Service Awards 350,000
--------------
Total $ 4,817,602
--------------
TOTAL GENERAL FUND 370,728,330
SCHOOL OPERATING FUND
DEPARTMENT OF EDUCATION:
50010 Instruction $ 143,523,077
50020 AdminisLration 3,137,626
50022 Attendance and Health 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 CD189 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
B.dget
Item of Expenditure 1988@1989
------------------- ---------
LAW LIBRARY FUND
LIBRARY DEPARTMENT:
12011 Law Library 126,355
--------------
80000 RESERVE FOR CONTINCENCIES:
Salary 3,791
--------------
TOTAL LAW LIBRARY FUND 130,146
PENDLETON CHILD SERVICE CENTER FLJND
JUDICIAL DEPARTMENT:
06702 Pendleton 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 HF.ALTH/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, 31 5
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
Budget
Item of Expenditure 1988-1989
------------------- ---------
GOLF COURSE ENTERPRISE FUND
PARKS AND RECREATION DEPARTMENT:
11030 Red Wing Golf Course $ 660,522
11031 Bow Creek Golf Course 440,160
11032 Kempsville Creens Golf Course 430,790
--------------
Total 1,531,472
--------------
90000 TRANSFERS TO OTHER FUNDS $ 330,000
--------------
80000 RESERVE FOR CONTINGENCIES:
Salary $ 44,753
--------------
TOTAL GOLF 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, 75 1
--------------
Totat $ 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 44,8b9,446
FIRE PROGRAMS CAPITAL PROJECTS FUND
FIRE DEPARTMENT:
Fire Programs $ 419,700
WATER AND SEWER OPERATING REVEUUE CAPITAL PROJECTS FUND
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
ENGINEERINC 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 GENERAL SERVICES:
16010 Building Construction 2,094,147
TOTAL BUDGET 716,856,527
Less: Interfund Transfers 188,879,621
--------------
NET BUDGET 527,976,906
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. With the exception of the
education department, 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 designaced 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. Huwever,
there shall be retained in the General Fund Surplus, an undesignated amount noL
less than the range of seventy-five (75) to one hundred (100) percent of th,
budget for city and school debt service payments for that fiscal year for
contingencies and emergency SiLuations and not to be used to support
appropriations approved in the ordinance for the fiscal year beginning 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 Lhe expenditure of
the funds appropri.ited shall apply only to the totals for each operating
appropriation unit included in this Ordinance and does not apply to Interf.nd
Transfers.
The City Manager or the Assistant City Manager for Analysis and Eval.ation
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 authorized to approve transfers and
expenditures from the Reserve for Contingencies in an amount not to exceed
$10,000 in any single transaction except as herein provided. The City Managei
may limit expenditures to the classes of appropriations as set forth in the
budget document or as required by the State Auditor of Public Accounts if such
requirements are different from Lhe classes shown in the budget document. In
addition, the City Manager may transfer appropriations from Reserve for
Contingencies, in amounts necessary, for salary adjustments approved by City
Council.
Section 7. Nothing in this section shall be construed as authorizing any
reduction to be made in the amounl appropriated in this Ordinance for the payment
of interest or bonds on the bonded debt of t@e City Government or the former
political subdivisions of Virginia Beach and Princess Anne CounLy.
Section 8. Allowances out of any of the appropriations made in this
Ordinance by any or all of the city departments, bureaus, or agencies, to any of
their officers and employees for expenses on account of the use by such offi,:ers
and employees of their personal automobiles in the discharge of their official
duties shall not exceed twenly-two and one-half cents ($.225) per mile of act.al
travel for Lhe 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 Lhe
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 paymenl 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 Ordinance.
First Reading: May 9, 1988
Second Reading: May 16,1 988
Adopted by the Council of the city of Virginia Beach, Virginia, on the 16
day of M,,y ,1988.
- 20 -
Item IV-H.2.
ORDINANCES ITEM # 29392
Upon motion by Councilman Heischober, seconded by Vice Mayor Oberndorf, City
Council ADOPTED, upon SECOND READING:
Ordinance to ESTABLISH the tax levy on real estate
for Tax Fiscal Year 1989.
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Robert E. F--ntress,
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 ESTABLISHING THE TAX LEVY
ON REAL ESTATE FOR TAX FISCAL YEAR 1989
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRCINIA BEACH, VIRCINIA:
Section 1. AMOLJNT 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 ($100) of assessed valuation thereof. The real property
tax rates which have been prescribed in this section shall be applied on the
basis of one hundred percentum of the fair market value of such real property
except for public service real property which shall be on the basis as provided
in Section 58.1-2604 of the Code of Virginia, as amended.
Section 2. AMOUNT OF LEVY ON "CERTIFIED POLLUTION CONTROL EQUIPMENT AND
FACILITIES" CLASSIFIED AS REAL ESTATE.
In accordance with Section 58.1-3660 (A@ of the Code of Virginia (1950), as
amended, there shall be levied and collected for general purposes for fiscal year
1989, taxes on all real estate certified by the Commonwealth of Virginia as
"Certified Pollution Control Equipment and Facilities" not exempt from taxation,
at the rate of ninety-one and five-tenths cents ($.915) on each one hundred
dollars ($100) of assessed valuation thereof. The real property tax rates
imposed in this section shall be applied on Lhe 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
Ordinanc@.
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: May 16, 1988
Adopted by the Council of the city of Virginia Beach, Virginia on the 16
day of May 1988.
SiGt,@@N. URE
AS @i,'D LEGAL
I
ORNEY
- 21 -
Item IV-H.3
ORDINANCES TTEM # 29393
Upon motion by Councilman Heischober, seconded by Vice Mayor Oberndorf, City
Council ADOPTED, upon SECOND RFADING:
Ordinance to ESTABLISH the tax levy on personal
property and machinery and tools for the Calendar
Year 1989.
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 ESTABLISHINC 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 VIRCINIA BEACH, VIRGINIA:
Section 1. AMOUNT 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 Langible 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 ($100) of assessed
valuation thereof.
In accordance with Section 58.1-3504 for the Code of Virginia (1950), as
amended, certain household goods and personal effects as defined therein shall be
exempt from taxation.
Section 2. AMOUNT OF LEVY ON CERTAIN VEHICLES CLASSIFIED AS PERSONAL
PROPERTY USED AS MOBILE HOMES.
In accordance with Section 58.1-3506 (A)(8) of the Code of Virginia (1950),
as amended, there shall be levied and collected for general purposes for the
calendar year 1989 taxes on all vehicles without motor power used or designated
to be used as mobile homes, at the rate of ninety-one and five-tenths cents
($.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 ($100) of assessed valuation thereof.
Section 5. AMOUNT OF LEVY ON FARM MACHTNERY AND IMPLEMENTS, FARM TOOLS, AND
FARM LIVESTOCK, INCLUDING ALL HORSES, POULTRY, AND GRAINS AND FEEDS USED FOR THE
NURTURE OF FARM LIVESTOCK AND POULTRY.
In accordance with Section 58.1-3505 of the Code of Virginia (1950), as
amended, there shall be levied and collected for general purposes for the
calendar year 1989 taxes on all farm machinery and implements, farm tools, and
farm livestock, including all horses, poultry, and grains and feeds used for the
nurture of farm livestock and poultry, not exempt from taxation, at the rate of
one dollar ($l) on each one hundred dollars ($100) of assessed valuation thereof.
Section 6. AMOUNT OF LEVY ON t4ACHINERY AND TOOLS.
In accordance with Section 58.1-3507 of the Code of Virginia (1950), as
amended, there shall be levied and collected for general purposes for the
calendar year 1989 taxes on machinery and tools, not exempt from taxation, at the
rate of one dollar ($I) on each one hundred dollars ($100) of assessed valuation
thereof.
Section 7. AMOLINT 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. AMOLJNT 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 Lhree 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 heavy construction equipment 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 dollars ($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 shall 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 dollars
and eighty cents ($3.80) on each one hundred dollars ($100) of assessed valuation
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 collected for general purposes for the
calendar 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 valuation 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 value, to be determined by the Coninissioner of Revenue for the
city of Virginia Beach.
Section 15. 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 portions of this
10 CONTENTS
ordinance.
Section 16. EFFECTIVE DATE.
This ordinance shall be in effect January 1, 1989.
May 9, 1988
First Reading:
may 16, 1988
Second Reading:
Adopted by the Council of the city of Virginia Beach, Virginia
May -
day of _ , 1988.
- 22 -
Item IV-H-4-
ORDINANCES ITEM # 29394
Upon motion by Councilman Heischober, seconded by Vice Mayor Oberndorf, City
Council ADOPTED upon SECOND READING:
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
ORDINANCE # 881779
AN 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
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 ~'~'and-~'-~-6~r~-} ten (10) 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 month, and interest in the amount of three-
quarters (.75) of one per cent~m 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: May 16, 1988
16
Adopted by the Council of the city of Virginia Beach, Virginia on the
day of May 1988.
- 23 -
Item IV-H-5-
ORDINANCES ITEM # 29395
Upon motion by Councilman Heischober, seconded by Councilman Fentress, City
Council ADOPTED:
Ordinance to AMEND and REORDAIN Section 6-15 of the
Code of the City of Virginia Beach, Virginia,
pertaining to Changing Clothes in Public.
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
ik-) TO
@v , @ @@;
SUF,
ANCE TO AMEND AND REORDAIN
1 6-15 OF THE CODE OF THE
2 OF VIRGINIA BEACH, VIRGINIA,
3 PERTAINING TO CHANGING CLOTHES IN
4 PUBLIC
5
6
7 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
8 VIRGINIA BEACH, VIRGINIA:
9 That Section 6-15 of the Code of the City of Virginia
10 Beach, Virginia, is hereby amended and reordained as follows:
11
12 Section 6-15. Changing clothes in public lavatories or toilet
13 rooms or in public view.
14
15 (a) It shall be unlawful for any person to undress or
16 put on a bathing suit or wet suit, change from a bathing suit or
17 wet suit to normal clothes or change from normal clothes to a
18 bathing suit or wet suit:
19 (1) iIn any public lavatory or toilet room in the
20 city, without obtaining permission or consent from the owner or
21 proprietor thereoft; or
22 (2) Upon the sand beaches or upon any parking area,
23 public street, park or right-of-way of the city, or upon private
24 property in view of the public.
25 (b) It shall not be a violation of section (2), above,
26 to put on a wet suit over a bathing suit already being worn, or
27 to remove a wet suit if wearing a bathing suit which is not
28 removed.
29 Adopted by the Council of the City of Virginia Beach,
30 Virginia, on the 16 day of May 1988.
31
32 WEB/epm
33 04/27/88
34 05/11/88
35 CA-88-2688
36 ordin\proposed\06-015.alt
37
- 24 -
Item IV-I.
RESOLUTIONS ITEM # 29396
Upon motion by Councilman Fentress, seconded by Councilwoman Parker, City
Councli ADOPTED Resolution approving the issuance of INDUSTRIAL DEVELOPMENT
REVENUE BOND:
Sandcastle Motel, Inc. Refunding Bonds $2,500,000
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
SUM~ARY SHEET
CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY
INDUSTRIAL DEVELOPMENT REVENUE BOND
1. PROJECT NAME:
2. LOCATION:
3. DESCRIPTION OF PROJECT:
Sandcastle Motel, Inc.
1400 Atlantic Avenue
.Virqinia Beach, Virginia
.Motel Refunding·Bonds
4. AMOUNT OF BOND
5. PRINCIPALS:
ISSUE:
$2,500~000
John W. Vakos
Linda P. Vakos
6. ZONING CLASSIFICATION:
ae
Presgnt zoning
classification of the
Property
b. Is rezoning proposed?
c. If so, to what zoning
classification?
H-2
Yes . . No X
N/A
A meeting of the Council of the City of Virginia Beach,
Virginia, was held in the Council Chambers, in the Adminis-
tration Building, on the day of May, 1988.
on motion by
and seconded by the follow-
ing Resolution was adopted.
RESOLUTION APPROVING THE ISSUANCE OF VARIABLE RATE
DEMAND INDUSTRIAL DEVELOPMENT REVENUE REFUNDING
BONDS FOR SANDCASTLE MOTEL, INC.
WHEREAS, the City of Virginia Beach Development Authori-
ty (the Issuer), has considered the proposal of Sandcastle
Motel, Inc., a virginia corporation (the Borrower), for the
issuance of the Issuer's variable rate demand industrial
development revenue refunding bonds in an amount not to
exceed $2,500,000 (the Bonds) to assist in the refunding of
the Issuer's $2,700,000 1984 Industrial Developinent Revenue
Bond (Sandcastle Motel, Inc. Facility) issued on December 21,
1984 (the original Bond), to finance the Borrower's construc-
tion and installation of a parkinq ramp and an addition to an
existing motel facility (the Project) located at 1400 Atlan-
tic Avenue in the City of Virginia Beach, Virginia, and
owned by the Borrower, and has held a public hearing thereon
on May 10, 1988; and
WHEREAS, the Issuer has recommended that the City
Council (the Council) of City of Virginia Beach, Virginia
(the City), approve the issuance of the Bonds to comply with
Section 147(f) of the Internal Revenue Code of 1986, as
amended;
WHEREAS, a copy of the Issuer's resolution approving the
issuance of the Bonds, subject to terms to be agreed upon, a
reasonably detailed summary of the comments expressed at the
public hearing with respect to the Bonds and a statement in
the form prescribed by Section 15.1-1378.2 of the Code of
Virginia of 1950, as amended, have been filed with the Clerk
of the Council;
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
1. The recitals made in the preambles to this Resolu-
tion are hereby adopted as a part of this Resolution.
2. The Council of the City of virginia Beach, Virginia,
approves the issuance of the Bonds by the City of Virginia
Beach Development Authority to assist in the refundinq of the
Original Bond, to the extent of and as required by
Section 147(f) of the Internal Revenue Code of 1986, as
amended (the Code).
3. The approval of the issuance of the Bonds, as
required by such Section 147(f) and Section 15.1-1378.1, does
not constitute an endorsement of the Bonds or the
creditworthiness of the Borrower, but, pursuant to Chapter
643, Virginia Acts of Assembly of 1964, as amended, the Bonds
shall provide that neither the City nor the Issuer shall be
obliqated to pay the Bonds or the interest thereon or other
costs incident thereto except from the revenues and moneys
pledged therefor, and neither the faith or credit nor the
taxing power of the Comrnonwealth, the City, or the Issuer
shall be pledged thereto.
4. This Resolution shall take effect irmnediately upon
its adoption.
Adopted by the Council of the City of Virginia Beach,
16
virginia, on May 1988.
2
City Council of Virginia Beach, Virginia
Municipal Center
Virginia Beach, Virginia
FISCAL IMPACT STATEMENT
FOR PROPOSED INDUSTRIAL REVENUE BOND FINANCING
May 9, 1988
Sandcastle Motel, Inc.
Sandcastle Motel
Refunding Bonds
1. Maximum amount of financing sought $2,500,000
2. Estimated taxable value of the facility's
real property to be constructed in the
municipality $3,000,000
3. Estimated real property tax per year
using present tax rates $ 24,000
4. Estimated personal property tax per
year using present tax rates $ 16,000
5. Estimated merchants' capital tax
(business license tax) per year using
present tax rates $ 7,500
6. Estimated dollar value per year of
goods and services that will be
purchased locally $ 350,000
7. Estirnated number of regular employees
on year round basis $ 20
8. Average annual salary per employee $ 11,500
The information contained in this statement is based
solely on facts and estimates provided by the Applicant, and
the Authority has made no independent investigation with
respect thereto.
CITY OF VIRGINIA BEACH
DEVELOPMENT AUTHORIT
By
T Cha
,7n
is
p- i
- 25 -
Item IV-I.2.
RESOLUTIONS ITEM # 29397
Upon motion by Councilman Heischober, seconded by Councilman Fentress, City
Council ADOPTED:
Resolution authorizing The Honorable Robert G.
Jones, Mayor of the City of Virginia Beach, to
accept in Dedication the Tidewater Veterans
Memorial from Virginia Beach Veterans Memorial
Committee, Inc. on MaY 30, 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
1 Requested by Councilman Harold Heischober
2 A RESOLUTION AUTHORIZING ROBERT G.
3 JONES, MAYOR, TO ACCEPT THE
4 DEDICATION OF THE TIDEWATER
5 VETERANS MEMORIAL FROM VIRGINIA
6 BEACH VETERANS MEMORIAL COMMITTEE,
7 INC. ON MAY 30, 1988
8 WHEREAS, the Council of the City of Virginia Beach,
9 Virginia, on December 12, 1983, unanimously approved construction
10 of the Tidewater Veterans Memorial on a site in front of the
11 Virginia Beach Pavilion, south of 19th Street, and agreed to
12 assume the maintenance function upon completion;
13 WHEREAS, the virginia Beach Veterans Memorial
14 Committee, Inc., will have the construction of the Tidewater
15 Veterans Memorial at that site completed on Memorial Day, May 30,
16 1988; and
17 WHEREAS, the Virginia Beach Veterans Memorial
18 Committee, Inc., is ready to dedicate all of its right, title
19 and interest in the Tidewater Veterans Memorial to the City of
20 Virginia Beach, so that a lasting tribute may be made to the many
21 Tidewater veterans, from all branches of the armed services;
22 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
23 THE CITY OF VIRGINIA BEACH, VIRGINIA, that on Memorial Day, May
24 30, 1988, the City of Virginia Beach accept the dedication of the
25 Tidewater Veterans Memorial to have and hold for the public use
26 forever; and BE IT FURTHER RESOLVED that the City of Virginia
27 Beach, Virginia, assume the caretaking functions of the
28 Tidewater Veterans Memorial from that day forward;
29 And to that end the Honorable Robert G. Jones, Mayor
30 of the City of Virginia Beach, is authorized on behalf of City
31 Council to accept the dedication by the Virginia Beach Veterans
32 Memorial Committee, Inc., of the completed Tidewater Veterans
33 Memorial on May 30, 1988, and the City Departments are further
34 authorized to undertake all measures necessary or advisable for
35 the accomplishment of the object of this Resolution.
36 Adopted by the Council of the City of Virginia Beach,
37 Virginia, on the 16 day of May 1988.
38 NEW/lmt
3 9 04/15/88
40 CA-2671
41 (ordin\noncode\veterans.res)
A c7,@ F,,n " E!) -% S T 0 C Ci .-@'@@T
DEPARTMENT
A P ASTOFORM
ik,t!@ATtIP,g
Cil'Y ATTORNEY'
2
OFFICE OF THE CITY MANAGER MUNICIPAL CE.TEA
(601) 427@242 VIRGINIA BEACH, VIRGINIA 23456-NO2
December 5, 1983
The Honorable Mayor
Members of the Council
Dear Council Members:
The city staff has been working with the Virginia Beach Veterans'
memorial Committee to locate an appropriate site on city property for
the construction of a veterans' memorial.
The Virginia Beach Veterans' Memorial Committee, Inc., is a
non-profit corporation composed of approximately twenty-five
Virginia Beach veterans' organizations. Councilman Heischober,
representing Disabled American Veterans - Chapter 20, has served as
a liaison between the memorial committee and city staff in identify-
ing an appropriate location.
The memorial committee, upon approval of a site by City Council,
will proceed to raise money from the private sector. The Virginia
Beach School System has been asked to conduct a contest among its
students to develop a recommended memorial design. The memorial
would be dedicated to all veterans of all wars. The committee
estimates it will take two years for the entire project to be com-
pleted. The projected cost is $400,000 excluding the site. Upon
completion, the city will assume the maintenance function.
We are recommending Council consideration of the median island
in front of the Pavilion south of 19th Street (a plat of the area
is enclosed). I am requesting Council to provide favorable
consideration for the efforts of the memorial committee in locatina
the memorial at the above referenced location.
If additional information or clarification is needed, please
let me know.
Sinc @e@y yours,
'3H t4' enbeck
THM:ew City Manage
Enclosure
161
N -K
TIDEWATER VETERANS MEMORIAL
WHEREAS, it is appropriate to honor the veterans
from all the branches of the armed services whose sacrifices in
the declared and undeclared wars of the United States of America
have enabled the residents of the Tidewater, virginia, area to
enjoy the blessings of liberty;
WHEREAS, the veterans organizations of the
Tidewater, Virginia, area have cooperated to form the Virginia
Beach Veterans Memorial Committee, Inc., the Tidewater Veterans
Memorial Project and to bring to a reality the dream of a
fitting memorial to honor the veterans from all branches of the
armed services;
WHEREAS, the Tidewater Veterans Memorial has received
support from all areas of the public and private sectors,
including the children of the local public and private schools;
WHEREAS, the Council of the City of Virginia Beach,
virginia, had agreed to assume the caretaking and maintenance
responsibilities of the Tidewater Veterans Memorial and approved
of the construction of the Memorial to be on City owned property
on December 12, 1983; therefore
W I T N E S S E T H:
This Deed of Dedication, made this 30th day of May,
1988, by and between the Virginia Beach Veterans Memorial
Coir,iiittee, Inc., aVirgin'@a not-for-profit corporation,
sometimes known as the Tidewater Veterans Memorial Project,
herein referred to as "Dedicator," and the City of Virginia
Beach, a virginia municipal corporation, acting by and through
the Honorable Robert G. Jones, Mayor, herein referred to as
"Dedicatee."
That for and in consideration of the mutual benefits
that have accrued or will accrue to the parties and other good
and valuable considerations, the receipt of which is hereby
acknowledged, the Virginia Beach Veterans Memorial Committee,
Dedicator, does hereby dedicate, release, remise and grant with
Special Warranty against claims held by, through, or under the
Dedicator unto the City of virginia Beach, Dedicatee, to have
and to hold for the public use forever, as follows:
All that certain tract, piece or parcel of
land, and appurtenances thereunto belonging, lying,
situate, and being in the City of Virginia Beach,
Virginia, and being known and described as
"Tidewater Veteran's Memorial" on that certain plat
entitled "PLAT SHOWING TIDEWATER VETERAN'S MEMORIAL
LYNNHAVEN BOROUGH - VIRGINIA BEACH, VIRGINIA,,'
dated May 6, 1988 and prepared by the Bureau of
Surveys and Mapping, Engineering Division,
Department of Public Works of the City of Virginia
Beach, Virginia, attached hereto and to be recorded
simultaneously herewith in the clerk's Office of
the Circuit Court of the City of Virginia Beach,
Virginia to which reference may be made for a more
particular description.
The City of Virginia Beach, Dedicatee, by accepting
this dedication, obligates itself and its successors and assigns
2
to forever preserve and use the above described land and
improvements thereon as the Tidewater Veterans Memorial.
VIRGINIA BEACH VETERANS
MEMORIAL COMMITTEE, INC.
By
Harold Heischober, President
CITY OF VIRGINIA BEACH
STATE OF VIRGINIA, to-wit:
I, a Notary Public in
and for the City and State aforesaid, do hereby certify that
HAROLD HEISCHOBER, PRESIDENT, on behalf of VIRGINIA BEACH
VETERANS MEMORIAL COMMITTEE, INC., whose name as such is signed
to the foregoing writing bearing date on the 30th day of May,
1988, has acknowledged the same before me in my City and State
aforesaid.
Given under my hand this day of 1988.
Notary Public
My Commission expires:
EXEMPTED FROM TAXATION
TAXES UNDER SECTIONS
58.1-811(a)(3)
58.1-811(c)(4)
and 25.249
3
19 TH. STREET (VARIABLE WIDTH) ILDCATION MAP SCALE I'@2640'
N06'24'39" W (TIL LINE)
13.12' S 83'26'i)"
82 . 02'
IAJ
'Ai
LU
:o
z
LU ul i
>
<
w
lu
5 A 0
7-
C)
A = 103@ 42'25 03 6=180@00'00" LzIO3@42'25"
R = 3, 50' R=)9.50' R = 9.50'
L = 17 20' L z 61.26' L= 17@20'
T = 12.10' CHORD @ 3 9. 00' T= 12,10'
A z 13* 42125" A = 13'42'2 5
Rz4iP.50' Rz 412.50
L= 98.68' L= 98.68'
T = 49.56' T= 49.58' DENOTES TIDEWATER VETERAN'S iviEMOR)AL
PLAT SHOWING
TIDEWATER VETERAN'S TWEMORIAL
LYNNHAVEN BOROUGH -VIRGINIA BEACH,VIRGINIA
BUREAU OF SURVEYS AND MAPPING
ENGINEERING DIVISION
DEPARTMENT OF PUBLIC WORKS
CITY OF VIRGINIA BEACH, VIRGINIA
IDATE MAY 6, 988 ISCALE I "= 25' .] I I)RAWN BY.,JA L 318 IFILE: VERTICAL
- 26 -
Item IV-J.
CONSENT AGENDA ITEM # 29398
Upon motion by Councilman Fentress, seconded by Councilman Heischober, City
Council APROVED in ONE MOTION Items 1, 2, 5, 6, 8, 9, 10, 11 and 12 of the
CONSENT AGENDA:
Item 2 and 7 were pulled for a separate vote.
Item 3 was voted upon separately for DEFERRAL and brought forward to the
beginning of the AGENDA.
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Harold Heischober, Barbara M. Henley, Mayor Robert G.
Jones, Reba S. McClanan, John D. Moss, Vice Mayor
Meyera E. Oberndorf, Nancy K. Parker and John L.
Perry
Council Members Voting Nay:
None
Council Members Absent:
None
- 27 -
Item IV-J.1
CONSENT AGENDA ITF14 # 29399
Upon motion by Councilman Fentress, seconded by Councilnan Heischober, City
Council ADOPTED:
Ordinance to AMEND and REORDAIN Section 21-339 of
the Code of the City of Virginia Beach, Virginia,
by Adding Paragraph (3) pertaining to Blood Alcohol
Content-Presumption.
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 SECTION 21-339 OF THE CODE OF THE
3 CITY OF VIRGINIA BEACH, VIRGINIA,
4 BY ADDING PARAGRAPH (3) PERTAINING
5 TO BLOOD ALCOHOL CONTENT-
6 PRESUMPTION
7
8 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
9 BEACH, VIRGINIA:
10 That Section 21-339 of the Code of the City of Virginia
11 Beach is hereby amended and reordained by adding paragraph (3) to
12 read as follows:
13
14
15 Section 21-339. Presumptions from alcoholic content of
16 blood.
17
18 In any prosecution for a violation of section 21-336,
19 the amount of alcohol in the blood of the accused at the time of
20 the alleged offense, as indicated by a chemical analysis of a
21 sample of the accused's blood or breath to determine the
22 alcoholic content of his blood in accordance with the provisions
23 of section 21-338, shall give rise to the following rebuttable
24 presumptions:
25 (1) If there was at that time 0.05 percent or less by
26 weight by volume of alcohol in the accused's blood, it shall be
27 presumed that the accused was not under the influence of
28 alcoholic intoxicants.
29 (2) If there was at that time in excess of 0.05
30 percent but less than 0.10 percent by weight by volume of alcohol
31 in the accused's blood, such facts shall not give rise to any
32 presumption that the accused was or was not under the influence
33 of alcoholic intoxicants, but such facts may be considered with
34 other competent evidence in determining the guilt or innocence of
35 the accused.
36 (3) If there was at that time 0.10 percent or more by
37 weight by volume of alcohol in the accused's blood, it shall be
38 presumed that the accused was under the influence of alcoholic
39 intoxicants.
40
41 Adopted by the Council of the City of Virginia Beach,
42 Virginia, on the 16th day of May 1988.
43
44 WEB/epm
45 04/22/88
46 CA-02689
47 \ordin\proposed\21-339.pro
48
WitoVED
APPRO14ED AS TO LEGAL
2
- 28 -
Item IV-J.2
CONSENT AGENDA ITEM # 29400
Upon motion by Councilman Fentress, seconded by Councilman Heischober, City
Council ADOPTED:
Ordinance to authorize the Acquisition of property
in Fee Simple for Lynnhaven Acres Sewer
Improvements C.I.P. 6-930 by Agreement or by
Condemnation.
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Harold Heischober, Barbara M. Henley, Mayor Robert G.
Jones, Reba S. McClanan, John D. Moss, Vice Mayor
Meyera E. Oberndorf, Nancy K. Parker and John L.
Perry
Council Members Voting Nay:
None
Council Members Absent:
None
AN ORDINANCE TO AUTHORIZE THE ACQUISITION
OF PROPERTY IN FEE SIMPLE FOR
LYNNHAVEN ACRES SEWER IMPROVEMENTS C.I.P. 6-930
BY AGREEMENT OR BY CONDEMNATION
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH:
WHEREAS, in the opinion of the Council of the City of Virginia Beach, a
public necessity exists for the expansion of this'important project and for public
purposes for the preservation of the safety, health, peace, good order, comfort,
cor,venience, morals and for the welfare of the people of the City of Virginia
Beach:
NOW, THEREFORE, BP- IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA:
Section 1. That the City Attorney is' hereby authorized and directed to
acquire by purchase or condemnation, pursuant toSS 15.1-236 et seg. a.-IdSS 25-46.1 et
seg., '-ode of Virginia of 1950. as amended, all the real prope,ty, permanent
easements, temporary construction easements as needed, in fee simple, as shown on
that plan entitled: "Propcsed Construqtion of Lynnhaven Acres Sewer Improvements
C.I.F. 6-930, Wiley and Wilson, Engineers, Virginia Beach, Virginia", these plans
to be f@led in the Depa,tment of Public Utilities, MuniciDal Center, City of
Vi,ginia Beach, Virginia.
Section 2. The City Attorney is hereby authorized to make, or cause to be
made, on behalf of the -@ity of Virginia Beach, to the extent that funds are
available. a rea5o@able offer to owners or persons having an inte,est in said
lands; if refused, the City Attorney is @-reby authorized to institute proceedings
tc condemn said property.
Adopted by the Council of the City of Virginia Beach, Virginia, on the _16
day of May 19 88
-------------- -------
ApF,ROVED AS TO CONTENTS
FORM
URE
OR,qEY
LYNNHAVEN ACRES SANITARY SE14ER
CIP 6-930
LLNIITS
- 29 -
Item IV-J.3.
CONSENT AGENDA ITEM # 29401
Upon motion by Councilwoman McClanan, seconded by Councilman Baum, City Council
DEFERRED until the City Council Meeting of June 6, 1988:
Ordinance to authorize Acquisition of property in
Fee Simple for right-of-way for Holland
Road/Princess Anne Road; and, the Acquisition of
Temporary and Permanent Easements of right-of-way,
either by Agreement or Condemnation.
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Harold Heischober, Barbara M. Henley, Mayor Robert G.
Jones, Reba S. McClanan, John D. Moss, Vice Mayor
Meyera E. Oberndorf, Nancy K. Parker and John L.
Perry
Council Members Voting Nay:
None
Council Members Absent:
None
- 30 -
Item IV-J.4.
CONSENT AGENDA ITEM # 29402
Maryanne Ustick, the Director of the Department of Housing and Community
Development, responded to Councilman Perry's inquiries and recommeded a
meeting to detail the method of arriving at the estimates of the Proposed
Projects i.e, when the amount for Housing Rehabilitation was calculated some
of the items involved are emergency grants, legal and professional fees,
surveys titles as well as actual loans and grants. which rounded out to
$199,000 and this was again rounded off to $200,000. Councilman Perry further
referenced the funds related to General Management and Oversight. Maryanne
Ustick advised this application was recommended by the Citizens Advisory
Council at their April Twelity-eighth meeting.
Upon motion by Councilman Fentress, seconded by Councilman Moss, City Council
ADOPTED:
Ordinance to apply for Community Development Block
Grant Funds for the Fourteenth Entitlement Program
Year in the amount of $2,159,000.
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
Requested by: The Department of Housing and Community Development
AN ORDINANCE TO APPLY FOR COMMUNITY
DEVELOPMENT BLOCK GRANT FUNDS
FOR THE FOURTEENTH PROGRAM YEAR
WHEREAS, the United States Congress has established legislation
designated as the Housing and Community Development Act of 1974 setting
forth as a national goal the development of viable urban communities; and
WHEREAS, the United States Congress has enacted legislation designated
as the Housing and Urban-Rural Recovery Act of 1983, providing for
continuing efforts in the development of viable urban communities; and
WHEREAS, there is federal assistance available for the support of
Community Development and Housing activities directed toward specific
objectives such as the elimination of deteriorated conditions in low and
moderate income neighborhoods; the elimination of conditions which are
detrimental to health, safety and welfare; the conservation and expansion
of the Nation's housing stock; the expansion and improvement of the
quantity and quality of community services; and other related activities;
and
WHEREAS, the City of Virginia Beach has developed a multi-year
Community Development Program and has structured the necessary mechanisms
for implementation in comdliance with federal and local directives; and
WHEREAS, the City of Virginia Beach is in the process of implementing
this program and desires to initiate an application for the Fourteenth Year
funding (1988-1989) in the amount of $2,159,000 which includes projected
income of $70,000.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That the City Manager is hereby authorized and directed to cause such
information or materials, as may be necessary, to be provided to the
Department of Housing and Urban Development to permit the review, approval,
and funding of the City's Fourteenth Year Entitlement Grant application.
AND BE IT ORDAINED, that the Council of the City of Virginia Beach
gives its assurance that the intent of the Act will be complied with in
full.
AND BE IT ALSO ORDAINED, that the Department of Housing and Urban
Development is respectfully requested to assist in the prompt approval and
funding of the subject program in order that the public interest of this
City may be best protected.
Adopted by the Council of the City of Virginia Beach, Virginia on this
16 day o f May 1988.
APPROVED AS TO CONTENT: APPROVED AS TO FORM:
M@n I. Ust irector City Attor y
Department of Housing and
Community Development
- 31 -
Item IV-J.5.
CONSENT AGENDA ITEM # 29403
Upon motion by Councilman Fentress, seconded by Councilman Heischober, City
Council ADOPTED:
Resolution requesting $20,105 Grant Funds for the
Virginia Beach Clean Community Eleventh Year
Program from the Department of Conservation and
Historic Resources, Division of Litter Control,
State of Virginia.
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
R E S 0 L U T I 0 N
WHEREAS, the Council of the City of Virginia Beach
recognizes the existence of a litter problem within the city; and
WHEREAS, the Virginia Litter Control ACt Of 1976
provides, through the Department of Conservation and Historic
Resources, DiVision of Litter Control, for grants for the purpose
of enhancing local litter control programs; and
WHEREAS, the Virginia Beach Clean Community Program is
in its tenth year of funding under this program; and
WHEREAS, in order for the eleventh year funding
application to be forwarded to the Division of Litter Control,
said application must be endorsed by Council.
NOW, THEREFORE, BE IT RESOLVED that the Council of the
City of Virginia Beach endorses and supports the continuation of
the Virginia Beach Clean Community Program with grant funding of
$20,105.00 to be furnished by the Division of Litter Control of
the State of Virginia.
BE IT FURTHER RESOLVED that the Department of
Conservation and Historic Resources, Division of Litter Control,
is hereby requested to consider and approve said grant
application and program, said program being in accord with the
regulations governing the use and expenditure of these funds.
Adopted this 16 day of May 1988.
APp,.ZCVE,D AS TO
- 32 -
Item IV-J.6.
CONSENT AGENDA ITEM # 2940@
Upon motion by Councilman Fentress, seconded by Councilman Heischober, City
Council ADOPTED:
Ordinance to TRANSFER $18,000 from the Golf Course
Enterprise Fund for the Acquisition of a verti-
drain machine for use at the three municipally
owned golf courses.
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
z
z
0
c
0
AN ORDINANCE TO TRANSFER $18,000 FROM SOURCES
WITHIN THE GOLF COURSE ENTERPRISE FUND FOR THE
ACQUISITION OF A VERTI-DRAIN MACHINE
4 @EREAS, excessive play at the three municipally owned golf courses has
resulted in soil compaction and poor soil conditions, and
WHEREAS, the verti-drain machine is designed to break though the sub-
surface to revitalize the soil and promote proper drainage, and
WHEREAS, this machine was recommended for acquisition in the FY 1988-89
Operating Budget for the Department of Parks and Recreation, and
WHEREAS, the manufacturer currently has a backlog of orders for this
piece of equipment which necessitates ordering the verti-drain machine at this
time in order to ensure a summer delivery date, and
WHEREAS, the piece of equipment will be shared by all three golf
courses, and
WHEREAS, $18,000 in unused funds have been identified within the three
golf courses to purchase this machine in this fiscal year, and
WHEREAS, the FY 1988-89 Operating Budget for the Golf Course Enterprise
Fund can be adjusted by $18,000 to reflect the early purchase of this equipment.
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA, that $18,000 be transferred from sources within the
Golf Course Enterprise Fund to purchase a verti-drain machine for use at the
three municipally owned golf courses, and
BE IT FURTHER ORDAINED that the FY 1988-89 Operating Budget for the
Golf Course Enterprise fund be adjusted to reflect the early purchase of this
piece of equipment.
This Ordinance shall be effective from the date of its adoption.
Adopted by the Council of the City of Virginia Beach, Virginia on the
16 day of May 1 1988.
- 33 -
Item IV-J.7.
CONSENT AGENDA ITEM # 29405
City Attorney J. Dale Bimson advised Councilman Fentress, a letter of intent
will be provided relative Item No. 6 of the Franchise Agreement specifying what
the Grantee can and cannot rent.
Attorney R. J. Nutter, representing the applicant, advised Councilman Fentress
no "skin" boards (items containing rubber and foam) will be rented.
Upon motion by Councilman Fentress, seconded by Councilman Perry, City Co-cil
ADOPTED:
Ordinance Granting Franchise to M-iner Associates,
a Virginia Limited Partnership, to provide
Lifeguard Services and Beach Fquipment Rentals on
City property adjacent to the property occupied by
the Ramada Inn, 57th Street and Oceanfront.
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
Arr-,R')%f'@r,) As TO C0.14TEW,
CITY A,'fTOPNEY
1 AN ORDINANCE GRANTING TO MARINER ASSOCIATES,
2 A VIRGINIA LIMITED PARTNERSHIP, A FRANCHISE
3 TO PROVIDE LIFEGUARD SERVICES AND BEACH
4 EQUIPMENT RENTALS ON CITY PROPERTY ADJACENT
5 TO THE PROPERTY OCCUPIED BY THE RAMADA INN,
6 57TH STREET AND OCEANFRONT
7 WHEREAS, mariner Associates, a Virginia limited
8 partnership, owns and operates a hotel establishment known as the
9 Ramada Inn, located at 57th Street and the Oceanfront, in the
10 City of virginia Beach; and
11 WHEREAS, Mariner Associates desires to use the property
12 of the City of Virginia Beach to conduct lifeguard services and a
13 beach equipment rental operation for the guests of the Ramada
14 Inn;
15 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
16 THE CITY OF VIRGINIA BEACH, VIRGINIA:
17 That Mariner Associates, a Virginia limited
18 partnership, be, and hereby is, granted a franchise to use the
19 Property of the City of Virginia Beach to conduct lifeguard
20 services and a beach equipment rental operation, upon the terms
21 and conditions stated in the Agreement attached hereto, and upon
22 the further condition that the said Agreement be executed on
23 behalf of Mariner Associates.
24 Adopted by the City Council of the City of virginia
25 Beach on the 16 day of May 1988.
26 WMM/dhh
27 05/09/88
28 CA-02716
29 (\ordin\noncode\mariner.ord)
FRANCHISE AGREEMENT
THIS AGREEMENT, made this day of May, 1988, by
and between the CITY OF VIRGINIA BEACH, party of the first part,
hereinafter referred to as the City, and MARINER ASSOCIATES, a
Virginia Limited Partnership, party of the second part,
hereinafter referred to as Grantee,
WITNESSETH
WHEREAS, Grantee is the owner and operator of the
Ramada Inn, a hotel establishment located on the oceanfront at
57th Street, in the City of Virginia Beach, Virginia; and
WHEREAS, Grantee desires to provide, for the benefit
and enjoyment of its guests, lifeguard services and beach
equipment rentals; and
WHEREAS, Section 15.1-894 of the Code of Virginia, as
amended, confers upon municipal corporations the authority to
grant franchises to use public property;
NOW, THEREFORE, for and in consideration of the
covenants and promises set forth herein, the parties do hereby
agree as follows:
1. GRANT OF FRANCHISE. The City hereby grants unto
Mariner Associates, Grantee herein, the right to use the property
of the City more particularly described hereinbelow, in such
manner and for such purposes as are stated herein, and no other,
subject to the terms and conditions set forth in this Agreement.
2. PURPOSES OF FRANCHISE. The right hereby granted to
use the property of the City shall be for the purpose of
providing lifeguard services and beach equipment rentals for the
guests of the Ramada Inn at 57th Street and the Oceanfront, and
no other.
3. AREA OF OPERATION. The right to use the property
of the City for the purposes herein stated shall be limited to
that area contiguous to the property of Grantee and within thirty
(30) feet of the bulkhead located on the property of Grantee.
4. SIGNAGE. Grantee shall neither erect nor allow any
sign of any nature in connection with the operation authorized by
this Agreement which is visible from any public street, right-of-
way or other public place.
5. TERM OF FRANCHISE AND TIMES OF OPERATION
(a) The right hereby conferred shall commence on
the twentieth day of May, 1988, and shall expire and terminate at
six o'clock p.m. on the first day of October, 1988. Grantee
shall remove all items of merchandise and all other visible
evidence of its operation immediately thereafter.
(b) During the term of this Agreement, Grantee
shall be entitled to operate every day between the hours of
9:00 a.m. and 6:00 p.m. only.
6. EXTENT OF OPERATION. Grantee shall be entitled to
rent only beach equipment, such as beach chairs, beach umbrellas,
and rafts, and shall provide one lifeguard at any given time.
All such rentals shall be only to guests of the Ramada Inn and
2
their invitees, and in no event shall rentals be permitted to
members of the general public. Grantee shall be permitted to
store items for rental and lifeguard equipment in three boxes,
one of which shall be located by each of the three stairways
leading to the beach. All such items shall be stored neatly at
all times, and at no time shall any rental items or other
equipment block or interfere with access to and from the property
of the City.
7. COMPLIANCE WITH LAW. Grantee shall at all times
ensure that all City ordinances and regulations and all other
applicable laws are complied with at all times.
8. DESIGNATION OF OPERATOR. Grantee shall be entitled
to contract for the services herein authorized, but shall, prior
to the commencement of operations notify the Director of Permits
and Inspections of the names and business addresses of all
persons or firms engaged in the conduct of such operations.
9. RESTORATION OF PROPERTY. Upon termination of the
operation, Grantee shall restore the area of its operation to its
original condition.
10. INDEMNIFICATION OF CITY. Grantee hereby expressly
agrees and warrants that the City shall incur no liability or
responsibility as a result of the operation herein authorized,
and further expressly agrees that it shall indemnify and save the
City harmless for any losses, damages, or claims it may incur as
a result of the operation herein authorized, including attorney's
3
fees and costs incurred in defending any claim against the City
arising out of, or in connection with, such operation.
ii. TERMINATION OF FRANCHISE. The City shall have
the right to terminate the franchise granted by this Agreement in
the event of the violation of, or failure to comply with, any of
the terms of this Agreement. In the event Grantee shall continue
to occupy the property of the City after such termination, it
shall be subject to such sanctions as are provided by law.
12. ADDITIONAL CONDITIONS; MODIFICATIONS. The rights
conferred upon Grantee pursuant to this Agreement shall be
subject to modification by the City in accordance with the action
of its City Council, and any additional conditions or
modifications imposed by the City shall have the same force and
effect as if fully set forth herein.
13. FRANCHISE FEE. Grantee hereby agrees to pay to
the City, as and for consideration for the use of the property of
the City, the sum of One Hundred Dollars ($100.00), which sum
shall be paid prior to the commencement of the operations herein
authorized.
CITY OF VIRGINIA BEACH,
VIRGINIA
City Manager
ATTEST:
City Clerk
4
MARINER ASSOCIATES
David Pender
General Partner
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
I, a Notary Public in and for
the City and State aforesaid, do hereby certify that AUBREY V.
WATTS, JR., City Manager, for the CITY OF VIRGINIA BEACH, whose
name as such is signed to the foregoing Agreement, has
acknowledged the same before me in the City of Virginia Beach,
State of Virginia.
GIVEN under my hand this day of
1988.
Notary Public
My Commission Expires:
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
I, a Notary Public in and for
the City and State aforesaid, do hereby certify that RUTH HODGES
SMITH, City Clerk, for the CITY OF VIRGINIA BEACH, whose name as
such is signed to the foregoing Agreement, has acknowledged the
same before me in the City of Virginia Beach, State of Virginia.
5
GIVEN under my hand this day of
1988.
Notary Public
My Commission Expires:
STATE OF
CITY OF to-wit:
I, a Notary Public in and for
the City and State aforesaid, do hereby certify that DAVID
PENDER, General Partner for MARINER ASSOCIATES, whose name as
such is signed to the foregoing Agreement, has acknowledged the
same before me in the City and State aforesaid.
GIVEN under my hand this day of
1988.
Notary Public
My Commission Expires:
W14m/dhh
05/10/88
t4ARINER.AGM
6
- 34 -
Item IV-J.8
CONSENT AGENDA ITEM # 29406
Upon motion by Councilman Fentress, seconded by Councilman Heischober, City
Council APPROVED:
LOW BID to REA Construction Company in the amount
of $433,847 for 1987-1988 Bituminous Concrete
Maintenance Schedule - Contract III.
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
- 35 -
Item IV-J.9
CONSENT AGENDA ITEM # 29407
Upon motion by Councilman Fentress, seconded by Councilman Heischober, City
Council APPROVED:
RAFF'LE PERMIT
Kiwanis Club of Kempsville
Philippino Nurses Association of Tidewater
(Filipino)
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. Mo6s, Vice Mayor
Meyera E. Oberndorf, Nancy K. Parker and John L.
Perry
Council Members Voting Nay:
None
Council Members Absent:
None
- 36 -
Item IV-J.10
CONSENT AGENDA ITEM # 29408
Upon motion by Councilman Fentress, seconded by Councilman Heischober, City
Council A-PPROVED:
CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY:
A. Cavalier Limousine Service
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
- 37 -
Item IV-J.11
CONSENT AGENDA ITEM # 29409
Upon motion by Councilman Fentress, seconded by Councilman Heischober, City
Council ADOPTED:
Ordinance authorizing Tax Refunds in the amount of
$4,801-39 upon application of certain persons and
upon certification of the City Treasurer for
payment.
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
RM NO. C.A. 7 4/26/88 EMC
AN ORDINANCE AUTHORIZING TAX REFUNDS
UPON APPLICATION OF CERTAIN PERSONS
AND UPON CERTIFICATION OF THE TREASURER
FOR PAYMENT
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for tax refunds upon certification of the Treasurer are hereby approved:
NAME Tax Type Ticket Exonera- D ate Penalty lnt. Total
Y ear of Tax Number tion No. Paid
Truman D Baxter 88 RE(1/2) 6642-6 12/5/87 156.46
Doris M Carroll 88 RE(1/2) 17530-8 12/5/87 21.92
W W Realty Associates 88 RE(1/2) 112438-0 12/1/87 99.71
F Wayne McLeskby Jr 88 RE(1/2) 69638-0 12/5/87 109.63
F Wayne McLeskey Jr 87 RE(1/2) 66940-0 12/5/86 100.00
F Wayne McLeskey Jr 87 RE(2/2) 66940-0 6/5/87 100.00
F Wayne McLeskey Jr 86 RE(1/2) 64295-7 12/5/85 100.00
F Wayne McLeskey Jr 86 RE(2/2) 64295-7 6/5/86 100.00
F Wayne McLeskey Jr 85 RE(1/2) 59950-4 12/5/84 100.00
F Wayne McLeskey Jr 85 RE(2/2) 59950-4 6/5/85 100.00
Dallas M& Patricia DeVinney 88 RE(1/2) 27319-4 11/18/87 8.67
Dallas M& Patricia DeVinney 87 RE(1/2) 26499-9 12/2/86 7.42
Dallas M& Patricia DeVinney 87 RE(2/2) 26499-9 5/22/87 7.42
Dallas M& Patricia DeVinney 86 RE(1/2) 25226-2 11/25/85 7.42
Dallas M& Patricia DeVinney 86 RE(2/2) 25226-2 5/21/86 7.42
Dallas M& Patricia DeVinney 85 RE(1/2) 23755-7 12/5/84 6.48
Dallas M& Patricia DeVinney 85 RE(2/2) 23755-7 6/5/85 6.48
Stephen L & Mary Miller 87 RE(1/2) 69241-0 11/10/86 83.12
Roosevelt Savings Bank 88 RE(1/2) 5175-3 12/5/87 2,403.99
Norfolk Port & Industrial Auth 88 RE(1/2) 80119-5 11/16/87 54.09
Ameribanc Savings Bank 88 RE(1/2) 72720-3 12/5/87 350.70
Albert P & Mary Nell Roosendaal88 RE(1/2) 92953-9 12/4/87 32.89
First Union Mortgage 88 RE(1/2) 106994-8 12/5/87 87.70
First Union Mortgage 88 RE(1/2) 69940-3 12/5/87 28.49
First Union Mortgage 88 RE(1/2) 62176-3 12/5/87 8.77
First Union Mortgage 88 RE(1/2) 28584-0 12/5/87 40.09
Sovran Mortgage Corp 88 RE(]/2) 62855-1 12/5/87 9.87
ESG Enterprises & J McDonnell 88 RE(1/2) 30255-4 12/5/87 557.23
Melvin Beasley 88 RE(1/2) 7124-1 11/18/87 52.71
Melvin Beasley 88 RE(2/2) 7124-1 11/18/87 52.71
Total 4,801.39
This ordinance shall be effective from date of adoption.
The above abatement(s) totaling
$4,801-39 were approved by
the Council of the City of Virginia
16day of -M,,3,
Beach on the-
1988
Approved as t
Ruth Hodges Smith
City Clerk
J. Dle Bmsbn, City Attorney
- 38 -
Item IV-J.12
CONSENT AGENDA ITEM # 29410
Upon motion by Councilman Fentress, seconded by Councilman Heischober, City
Council ADOPTED:
Ordinance Authorizing License Refunds in the amount
of $5,467.24 upon application of certain persons
and upon certification of the Commissioner of the
Revenue.
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, Heba S. McClanan, John i). Moss, Vice Mayor
Meyera E. Obernctorf, Nancy K. Parker and John j,.
llerry
Council @iembers Vo,ing Nay:
iione
Gouncil Iiembers Absent:
lione
FORM NO. CA 8 REV. 3ft
AN ORDINANCE AUTHORIZING LICENSE REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF THE REVENUE
BE IT ORDAINED BY THE COUNCIL OF THE C@ OF VIRGINIA BEACH, VIRGINIA:
That the following applications for license refunds, upon certification of the Commissioner of the
Revenue are hereby approved:
NAME License Date Base Penalty lnt. Total
Year Paid
William W. Townsend
4224 Holland Road, Suite 108
Virginia Beach, VA 23452 1985-86 Audit 97.31 97.31
Certified as to Payment:
Wobert P. Vaughan
Commissioner of the Revenue
Approv,ed as to form:,,/
-j/Daie gimson
/loity Attorney
This ordinance shall be effective from date of
adoption.
The above abatement(s) totaling 97 31 were approved by the Council
of the City of Virginia Beach on the 1 6 day of May '19 88
Ruth Hodges Smith
City Clerk
FORM NO. C.k 8 REV. aU
AN ORDINANCE AUTHORIZING LICENSE REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF THE REVENUE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for license refunds, upon certification of the r-ommissioner of the
Revenue are hereby approved:
NAME License Date Base Penalty lnt. Total
Year Paid
PM Tidewater VA, Ltd.
Pembroke One, #305
Virginia Beach, VA 23462 1986-87 Audit 168.66 168.66
R & B Corp. of va Beach
1924 Virginia Beach Blvd.@
Virginia Beach, VA 23454 1985-86 Audit 734.50 734.50
Raymond 0. & Yolanda Tisdale
T/A T & T Pro-Tan
205 34th Street #1018
Virginia Beach, VA 23451 1985-86 Audit 49.01 49.01
Certified as to Payment:
rt P. Vaughan (57
Commissioner of the Revenue
Ai)Droved as to forry,@
@Da@e -Bimson'
This ordinance shall be effective from date of /'City Attorney
adoption.
The above abatement(s) totaling were approved by the Council
1 6 May 88
of the City of Virginia Beach on the- day of '19 -
Ruth Hodges Smith
City Clerk
FORM NO. Ck 0 fiEV. 3M
AN ORDINANCE AUTHORIZING LICENSE REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF THE REVENUE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for license refunds, upon certification of the Commissioner Of the
Revenue are hereby approved:
License Date Base Penafty lnt. Total
NAME Year Paid
Walter W. Berry
T/A Walter W. Berry, CPA
620 white Haven Crescent
Chesapeake, VA 23325 1986-87 Audit 356.89 356.89
Century Mortgage Co., Inc.
481 N. Frederick Avenue
Gaitherburg, MD 20877 1986 Audit 2,171.95 2,171.95
The Cushing Corp.
T/A C & M Builders
1608 Wildwood Drive
Virginia Beach, VA 23454 1985-86 Audit 745.40 745.40
Certified as to Payment:
@ob-ert P. Vaughan
Commissioner of the R@.
Approyed as to fqrl
0
-4,@aie'6imso@
y Aftorney
This ordinance shall be effective from date of
adoption.
The above abatement(s) totaling 3 , 274 24 were approved by the Council
of the City of Virginia Beach on the@' day of May 19 88
Ruth Hodges Smith
City Clerk
FORM @0. C.k 0 REV. 3M
AN ORDINANCE AUTHORIZING LICENSE REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF THE REVENUE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the foliowing applications for lirense refunds, upon certification of the Commissioner of the
Revenue are hereby approved:
License Date Base Penalty lnt. Total
NAME Year Paid
Edwin B. Lindsley
T/A Atlas Realty
936 Lindsley Drive
virginia Beach, VA 23454 1985-86 Audit 792.19 792.19
Major-Marken Bil-Terry Corp.
T/A Dinos Super Subs
7532 Virginia Drive
Norfolk, VA 23505 1986-87 Audit 159.44 159.44
Ocean Waves, Ltd.
T/A The Waves
3108 Atlantic Avenue
Virginia Beach, VA 23451 1984-87 Audit 191.89 191.89
Certified as to Payment:
bert P. Vaughan
Commissioner of the Revenue
ADDroved- as to
a@e-bimsc(n
Attorney
This ordinance shall be effective from date of
adoption.
The above abatement(s) totaling I - 1 4 -4- were approved by the Council
of the City of Virginia Beach on the-' 6day of May '19 88
Ruth Hodges Smith
City Clerk
- 39 -
Item IV-K.J
APPOINTMENTS ITEM # 29411
Upon NOMINATION by Vice Mayor Oberndorf, City Council REAPPOINTED to the ARTS
HUMANITIES COMMISSION:
Em Davis
Delores B. Kelley
Ernestine K. Middleton
(2-Year Term 7/1/88 - 6/30/90)
AND, APPOINTED:
Juanita G. Felton
Flo McDaniel
Philip W. Richardson
(2-year term 7/1/88 - 6/30/90)
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 IV-K.2.
APPOINTMENTS ITEM # 29412
Upon NOMI[NATION by Councliman Fentress, City Council REAPPOINTED to the SOCIAL
SERVICES BOARD:
Barbara C. Kledzik
(4-year Term 7/1/88-6/30/92)
AND, APPOINTED:
Susan M. Scott
(4-Year Term 7/1/88-6/30/92)
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
- 41 -
Item IV-K.3.(a).
APPOINTMENTS ITEM # 29413
ADD-ON
Upon NOMINATION by Councilman Moss, City Council REAPPOINTED to the
SOUTHFASTERN VIRGINIA PLANNING DISTRICT COMMISSION:
Reba S. McClanan
(3-Year Term 7/1/88-6/30/91)
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, John D. Moss, Vice Mayor Meyera E. Oberndorf,
Nancy K. Parker and John L. Perry
Council Members Voting Nay:
None
Council Members Abstaining:
Reba S. McClanan
Council Members Absent:
None
- 42 -
Item IV-K.3.(b).
APPOINTMENTS ITEM # 29414
ADD-ON
Upon NOMINATION by Councilman Moss, City Council APPOINTED to the SOUTHFASTERN
VIRGINIA PLANNING DISTRICT COMMISSION:
Albert W. Balko
(3-Year Term 7/1/88-6/30/91)
Voting: 10-0
Council Members Voting Aye:
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 Abstaining:
Albert W. Balko
Council Members Absent:
None
- 43 -
Item IV-K.l.
UNFINISHED BUSINESS ITEM # 29415
Councilman Baum requested City Staff review the "unuseablell land in the rural
areas of the city. A lady inherited one acre and an old house which is not
worth repairing. Therefore, the citizen has unuseable land. As the State
Health Department on these imperfectly drained soils requires parcels of three
acres, there should be some methodology to protecting the public health but
still retain at least a three-acre minimum drainage area.
Councilman Baum would like to possibly confer with Councilwoman Henley, the
City Manager, the Community Development and Housing Authority and the Health
Department regarding situations of this nature.
- 44 -
Item IV-L.1
NEW BUSINESS ITEM # 29416
INTERIM FINANCIAL STATEMENTS for the Period July 1, 1987 through March 31, 1988
were distributed to City Council. Said Statements are hereby made a part of the
record. Giles Dodd, Assistant City Manager for Administration, was in
attendance to respond to inquiries.
- 45 -
Item IV-L.2.
NEW BUSINESS ITEM # 29417
ADD-ON
Upon motion by Vice Mayor Oberndorf, seconded by Councilman Baum, City Council
SCHEDULED:
SPECIAL SESSION OF CITY COUNCIL
12 NOON - FRIDAY, JULY 1, 1988
MAYOR'S & COUNCIL'S OATHS OF OFFICE
AND
ELECTION OF VICE MAYOR
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
- 46 -
Item IV-L.2.
NEW BUSINESS ITEM # 29418
ADD-ON
Upon motion by Vice Mayor Oberndorf, seconded by Councilman Baum, City Council
RESCHEDULED:
ALL SFSSIONS OF CITY COUNCIL
FROM JULY 4, 1988 TO JULY 5, 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
- 47 -
Item IV-K.l.
ADJOURNMENT ITEM # 29419
Upon motion by Councilman Fentess and BY ACCLAMATION, City Council ADJOURNED
the Meeting at 4:43 P.M-
Be,. y
Chief Deputy City Clerk
i th iidt..3 S-Iltll, CMC
City Clcrk
City of Virginia Beach
Virginia