HomeMy WebLinkAboutOCTOBER 19, 1987 MINUTES
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"WORLD'S LARGEST RESORT CITY"
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281 CIYY HALL BUILDING
MUNICIPAL CENTER
VIRGINIA BEACH, VIRGINIA 23456-9002
[8041427-4303
VIRGINIA BEACH CITY COUNCIL
AGENDA
@ 19, 1987
1TEM I. FY 1988-1989 OPERATING BUDGET MM SESSION - Ootifererice @ - 10:00 AM
ITEM ii. OOUNCIL SESSION - Cc)nference @ - 12: NOON
A. CITY CONCERNS
ITEM III. @@ SESSION - Oc)nference @ - 12:30 P14
A. CML TC) ORDER - %ycr Pcbert G. Jories
B. ROLL CALL CP CaJkrIL
C. TO SESSION
ITEM IV. FORMAL SESSION - - 2:00 pm
A. INVOCATION: Revererd Th@ Evans, @.D.
Thalia Lhited @thodist Church
B. PLEDGE OF ALLBGIANCE TO THE FTAG CP THE UNITED STATIES OF I)MERICA
C. ELBC@NIC ROLL CAJL CF CITY CCkJtUIL
D. ADOPTION CP ITEM FOR THE FORMKL AGENDA
E.
1. INFO@ & FO@ SESSI@ - October 12, 1987
F. PUBLIC
1.
a. Application of Frank T. V&lliams for a Variance to
Secti.on 5.5(a) pertaining to curbs and gutters and
Section 5.5(b) pertaining tc) undexgrourid stom sewers of the
SLibdivisi.on ordinarr-e on jproperty located on the SDuth side of
Nanneys @eek lbad, 970 feet Vbst of charity @ck Foad (Pungo
Bcrough).
I)EFERRED for 60 days by City (bunci.1 on Pugust 17, 1987
Reccmendation: APP
b. Ppplication of Jay Aftel for a Variance to -Sections 4.4(b) and
4.4(d) of the Subdivision Ord ance pertaining to direct access
to a public street on property located on the North side of
Violet Bank Erive, 110 feet mcre or less @st of Indian Lakes
BDulevard (KErnpsville Borough)
Be ation:
c. Ppplicati-on of Lekies We,.gleyan Ar-res Uriited Methodist (hurch
for a Cb@itional- Use Pennit for a church addition and related
activities on @ %bst side of Baker lbad, 1432.66 feet SDuth
of %bsleyan rrive (715 Baker Fbad) , containing 4 acres (I3ayside
Bc)rough) .
Rec@ndation: AP
d. Ppplication of e E. and Nita F. @ey fDr a Cbnditional
Use Peimit for bulk storage (boats and recreational vehicles)
on @st si e@of Hollard lbad, 652 feet North of Shipps
Cbrner PDad (3213 HDIland lbad) cc)ntaining 5.05 acres
(Prirr-ess Anm Borough) .
Reccmmendation: APPROVAL
e. Ppplications of Ogle d @alty for Ch2nges of Zon@:
Ercrn AG-1 Agricultural District to R-5 Pesidential District on
property located 600 feet Ncrtheast of Princess Anne lbad
beginnixig at a point 4250 feet mcre cr less I\brth@st of Lbrth
Larding lbad, containing 1.07 acres (Princess Anne Borough);
AND,
Fran AG-2 Agricultural District to R-5 Residential District:
Parcel 1: Located on the L\brtheast side of Princess Pnne fbad
beginni.ng at a point 4250 feet @rth@st of L\brth Landing lbad;
AND,
Parcel 2: LDcated 450 feet more or less Mrtheast of Princess
Anne lbad beginning at a point 4250 feet more or less ibrth%est
of North Landing Fbad, cc)ntaining 3.62 acres (Princess Anne
lbrough).
Peccmmerdation: FOR BDM APP!ACATICNS
f. Ppplication of @e Associates for Changes of Zoning
frcm A-2 Apar@t District to B-2 Ccrrmmity-Business District:
Parcel 1: LOcated on the East side of kbwtc)%n PDad beginnim
at a point 900 feet SDuth of Baker Fbad;
AND,
Parcel 2: Lc)cated 580 feet more or less SDuth of @ker lbad
beginni.ng at a pdint 650 feet more or less I3ast of @wtowl
Foad.
Parcels are lorated at 544 Newtoun lbad, containing 25,%1.76
square feet (Dayside Bcrough).
P,ec ation: AP@
G. RESOLLMON
1. BOND:
lbsoluti.on appr(wing the issuance of Irraustrial Dwelo@t Revenue
Bond for Oallegiate School -in the anount of $1,750,000.
H. CONSEt?r AGENEA
All matters listed unaer the Cbn@,nt Agenda are consiaered in the
ordinary adurse of business by City CbL=il and will be enacted by one
mc)tion in the form listed. If an iteyn is rEMCV6d @CM the (]DnSent
Agenda, it will be discussed and voted upon separately.
1. Crdinance to AMEM and MO@ Section 23-32 of the Cbde of the
City of Virginia Beach, Virgi-nia, pertainim to shoplifting.
2. Crdinance to AMELID and IMO@ Section 5-31 of the ODde of the
City of Vi@inia Beach, Virginia, pertaining tc) Bird uaries
(Beach Garden Park).
3. Crdinance upon SECCND EMIM to ACCEPR and APPROPRIATE $1,473,000
to the Department of PLiblic Utilities for an increase in @ r-ate
of vater purchased frcrn the CLty of I\brfiDlk.
4. Ord--e upc)n @ @IM to ACMPT ard AppFOpRIATE $30,000
frcrn the sale of property in the lbsemont Fbrest area tc) the
@s Fcrest Area Park Site (Project #4-946).
5. Crdinance appointing viewxs in the petition of "er ies,
Inc. for the closure of a pcrtion of (Bayside
Borough).
6. crdinance appointing vi@rs in the petition of Dr. & Yrs. V. J.
@rough) .i-'or the closure of a pcrtion of Etb Tide @ (Lymhaven
7. Low bid to Waterfront MELrine n, Inc., in the amomt of
$963,126 for repairs to Lymhaven @cipal Marina.
ADD ON Lc)w b id to Grading & Utilities, Iric., in the anomt of
$758,881 for rew and ed mater @ice and fire ion to
900 residents of ern Points.
8. ordin@e authorizing tax refunds in the amunt of $10,385.52.
I. APPO
PERSCNNEL BCARD
TRANSPORTATICN SAFEIY ION
J. UNFINISHED BUS
1. 1996 Bond RE!fer@un Oommittee report
2. ordiname authorizing and directing the City Manager to @ecute the
t of sale and bet@en Beach Inve@ Associates,
Irv--. @ the City of Virginia Beach (Marit@ Mseun @ Space) .
3. FMMIDERATION of Crdinance to @FER aLn additional $125,000
frcm lbserve fcr Cbntingencies to fund the City's Fifth
@versary aelebration.
ADOPrED by City Cbuncil on Cctcber 12, 1987
K. NEK BUSIMSS
1. Interiin Financial Sta@t f3or the Period of July 1, 1986 through
June 30, 1987
L. AWCURNMENT
Item V-E.1
MINUTES ITEM 28243
Upon motion by Councilman Balko, seconded by Vice Mayor Oberndorf, City Council
APPROVED the MINUTES of the INFORMAL & FORMAL SESSIONS of October 19, 1987.
Councilman Moss, as per MEMORANDUM received from City Staff, AMENDED:
Page 20, Item # 28206
ORDINANCE UPON APPLICATION OF NEWTOWN SQUARE
ASSOCIATES FOR CHANGES OF ZONING FROM AG-2 TO B-2
Z010871090
The Second condition should be AMENDED to correctly
read:
2. A Stockade fence with Category @ VI landscaping
shrubbery
;"T IaREIsE3ap4:ng) in accordance with Department of
Planning document dated September 7, 1987 entitled:
"Draft Landscaping, Screening and Buffering
Specifications and Standards" &4:onG
preperty --Ite ftbutting th
VI Landscaping shall be on the A-2 side of the
Fence, which is the least intensely developed side.
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Harold Heischober, Barbara M. Henley, Mayor Robert G.
Jones, Reba S. McClanan, John D. Moss, Vice Mayor
Meyera E. Oberndorf, Nancy K. Parker and John L.
Perry
Council Members Voting Nay:
None
Council Members Absent:
None
M I N U T E S
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
October 19, 1987
The FY 1988-1989 OPERATING BUDGET WORK SESSION of the VIRGINIA BEACH CITY
COUNCIL was called to order by Vice Mayor Meyera E. Oberndorf in the
Conference Room, City Hall Building, on Monday, October 19, 1987, at 10:00 A. M.
Council Members Present;
Robert E. Fentress, Harold Heischober, Barbara M.
Henley, John D. Moss, Vice Mayor Meyera E. Oberndorf
and Nancy K. Parker
Council Members Absent:
Albert W. Balko
John A. Baum (ENTERED: 10:18 A.M.)
Mayor Robert G. Jones (ENTERED: 10:24 A.M.)
Reba S. McClanan (ENTERED: 10:05 A.M.)
John L. Perry (ENTERED: 10:28 A.M.)
- 2 -
ITEM # 28186
The COUNCIL CONCERNS 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, October 19, 1987, at 12:05 P.M-
Council Members Present:
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:
Albert W. Balko
- 3 -
C 0 N C E R N S 0 F T H E V I C E M A Y 0 R
ITEM # 28187
Vice Mayor Oberndorf referenced the "ADOPT-A-SCHOOL" PROGRAM, a joint effort
between the Chamber of Commerce, the Public School Systems and Virginia Beach
City Council. At the City Council Meeting of October 5, 1987, City Council had
agreed to SPONSOR COURTHOUSE ELEMENTARY SCHOOL through the "ADOPT-A-SCHOOL"
PROGRAM.
The Teachers and Children of COURTHOUSE ELEMENTARY SCHOOL sent each Member of
City Council a CALENDAR. The art work and poems were all designed and composed
by the children.
- 4 -
C I T Y C 0 U N C I L C 0 N C E R N S
ITEM # 28188
Councilman Moss advised of his opportunity to ride with the DUI (DRIVING UNDER
THE INFLUENCE) TASK FORCE Friday evening, October 9, 1987. Councilman Moss was
very impressed by their methods of pursuing the issue.
The City Police Department in deference to the City Council request concerning
the number of fatalities, by utilizing the DUI have a dedicated unit that deals
with that issue. The paperwork entails at least two hours to process.
ITEM # 28189
Councilman Perry referenced two concerns. The first being Police Response Time.
the Police have never responded to two instances in his neighborhood:
Councilman Perry's telephone call relative the vandalizing of his station wagon
and on Saturday, October 10, 1987, a house was broken in. The alarm went off,
911 was contacted to shut the alarm off. The alarm continued throughout the
night.
ITEM # 28190
Councilman Perry inquired as when you are building an addition to a house does
this allow you to increase the volume of the house to such an extent that only
10 percent of the land remains. The site plan has been approved. There have
been numerous complaints. Councilman Perry believed City employees should be
courteous on the telephone. Perhaps a School should be started to instruct said
employees on proper telephone procedures.
ITEM # 28191
Councilwoman Parker referenced A PROPOSAL FOR A TASK FORCE ON THE CITY'S
APPF,ARANCE distributed by the Mayor at the City Council Meeting of October 12,
1987.
The Mayor advised the TASK FORCE would NOT be a permanent committee but one
with a specific mission and when the TASK was completed, this group would be
disbanded. Pat Bridges has siiggested the proposal featured in the VIRGINIA
BEACH TOMORROW report to make Virginia Beach "THE MOST BFAUTIYUL CITY IN THE
UNITED STATES BY THE YEAR 2,000.
Councilwoman McClanan did not wish another RESORT AREA ADVISORY COMMISSION
created. Their goals seem to be constantly changing.
Councilwoman Parker quot--d from the VIRGINIA BEACH TOMORROW report and cited
one of the goals as being to increase the quality of Community aesthetics by
creating additional Ordinances and controls. The City is hampered in some of
these aims because the City cannot get the legislation changed in the General
Assembly. Another goal was to increase the quality of community aesthetics by
utilizing different Ordinances and controls, which this City seems to be
effectively handling.
Vice Mayor Oberndorf expressed concern relative a letter from the Resort Area
Staff to SCHEDULE the Members of City Council to come in for an interview so
they can be told what the RAAC is trying to accomplish for the City. Some
groups desire to report directly to the City Council rather than to confer with
the City Manager and his professionals. Inadvertently this leads the City
Council into a Conflict situation. Vice Mayor Oberndorf advised no one was
opposed to aesthetics. The Council is extremely sensitive to the fact that the
RAAC has grown and become so involved that no longer is it a mutual working
situation with Advice and Consent but entails CONFLICT.
- 5 -
C I T Y C 0 U N C I L C 0 N C E R N S
ITEM # 28191 (Continued)
Mayor Jones advised his suggestion with the TASK FORCE was simply to present
recommendations relative identifying specific examples of existing efforts to
improve the City's appearance, as well as examples of what detracts from the
City's appearance and obtain information on comparable efforts in other Cities.
Councilwoman McClanan advised the RAAC was simply to advise concerning the
Resort Area now their scope encompasses the entire City.
Councilman Fentress advised the original MINUTES relative the formation of RAAC
did not indicate this Commission's responsibility was specifically addressed
to the RESORT AREA. Rather, the formation was very undefined. Councilman
Fentress advised PAAC wished to communicate their PLAN to each Member of City
Council.
Councilman Baum referenced the BACK BAY MANAGEMENT PLAN and the comments
regarding the encouragement of forestry which is aesthetically pleasing. On the
other hand, the harvesting of trees is bein,. discouraged. The idea of
regulating another individual's property so same would be attractive to the
general welfare has some frightening prospects. Councilman Baum advised if
another group was formulated, they would have to be advised of all the other
studies being conducted by the City; i.e, BACK BAY.
Councilman Moss advised eleven people were trying to delegate a consensus of
philosophy The TASK FORCE should present financial perimeters and their goals
through a Charter in the beginning. There are too many Boards and Commissions
now to be effectively supervised relative the issues.
ITFM # 28192
The City Manager referenced Low bid to Suburban Grading & Utilities, Inc., in
the amount of $758,881 for new and improved water service and fire protection
to 900 residents of Southern Points. This item will be ADDED to the City
Council CONSENT AGENDA.
- 6 -
ITF14 # 28193
The INFOR14AL SESSION of the VIRGINIA BFACH CITY COUNCIL was called to order
by Mayor Robert G. Jones in the Conference Room, City Hall Building, on Monday,
October 19, 1987, at 12:30 P.M.
Council Members Present:
John A. Baum, Robert E. Fentress, Harold Heischober,
Barbara M. Henley, Mayor Robert G. Jones, Peba S.
McClanan, John D. Moss, Vice Mayor Meyera E.
Oberndorf, Nancy K. Parker and John L. Perry
Council Members Absent:
Albert W. Balko
- 7 -
ITEM # 28194
Mayor Robert G. Jones entertained a motion to permit City Council to conduct
its EXECUTIVE SESSION pursuant to Section 2.1-344, Code of Virginia, as
amended, for the following purposes:
1. PERSONNEL 14ATTERS: Discussion or consideration of employment, assignment,
appointment, promotion, performance, demotion, salaries, disciplining or
resignation of public officers, appointees or employees.
2. 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 affect the value of property owned or desirable
for ownership by such institution.
3. PUBLIC FUNDS INVESTMENT: The investing of public funds where competition
or bargaining is involved, where if made public initially the financial
interest of the governmental unit would be adversely affected.
4. LEGAL MATTERS: Consultation with legal counsel or briefings by staff
members, consultants or attorneys, pertaining to actual or potential
litigation, or other legal matters within the jurisdiction of the public
body. Specific items of business on the City Council agenda that may be
discussed in executive session are the following: IV-J.2 and IV-G.l.
Upon motion by Councilman Moss, seconded by Councilman Fentress, City Council
voted to proceed into MCUTIVE SESSION.
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 Absent:
Albert W. Balko
- 8 -
F 0 R M A L S E S S I 0 N
VIRGINIA BFACH CITY COLTNCIL
October 19, 1987
2:25 P.M.
Mayor Robert G. Jones called to order the FORMAL SESSION of the VIRGINIA BEACH
CIT'Y COUNCIL in the Council Chambers, City Hall Building, on Monday, October
19, 1987, at 2:25 P.M-
Council Members Present:
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:
Albert W. Balko
INVOCATION: Reverend Thomas Evans, Th.D.
Thalia United Methodist Church
PLEDGE OF ALLEGIANCE TO THE FLAG OF THF UNITED STATES OF AMERICA
- 9 -
APPROVAL OF ITEMS FOR THE FORMAL AGENDA
Item IV-D.1 ITEM # 28195
The City Manager referenced the Low bid to Suburban Grading & Utilities, Inc.,
in the amount of $758,881 for new and improved water service and fire
protection to 900 residents of Southern Points. This item will be ADDED to the
City Council CONSENT AGENDA.
Item IV-D.2 ITEM # 28196
The City Clerk referenced the application of Virginia Beach Marlin Club, Inc.
(Charles 0. Peel) for a Conditional Use Permit for a public marina with related
facilities, located on the southwest corner of Winston Salem Avenue and
Mediterranean Avenue, running a distance of 135 feet along the south side of
Winston Salem Avenue, running a distance of 100 feet along the west side of
Mediterranean Avenue, Shadowlawn Heights Area (Virginia Beach Borough). (This
application had been APPROVFD by City Council on August 10, 1970).
RECONSIDERATION had been SCHEDULED for the City Council Meeting of October 19,
1987.
Due to incorrect advertising by the newspaper, same has been readvertised and
will be SCHEDULED for the City Council Meeting of October 26, 1987.
Item IV-D-3 ITEM # 28197
The Mayor advised of an ADD-ON Item under RESOLUTIONS: A Resolution
Authorizing the Appeal of the Determination of the Sussex County Board of
Supervisors DENYING Permission for the LAKE GASTON Pipeline to cross Sussex
County.
Item IV-D-4 ITEM # 28198
Councilwoman Parker requested an item be ADDED under NEW BUSINESS.
Councilwoman Parker also advised of an unusual and entertaining family event.
Councilwoman Parker took her two daughters to the southern part of the City to
pick Pumpkins.
BY CONSENSUS, with the exception of Councilwoman McClanan's VERBAL NAY Vote,
City Council ADOPTED the ITEMS FOR THE FOR14AL AGENDA.
Councilwoman McClanan requested at each City Council Meeting, her vote on this
particular item be recorded as a VERBAL NAY.
- 10 -
Item IV-E.1
MINUTES ITEM # 28199
Upon motion by Councilman Moss, seconded by Councilman Fentress, City Council
APPROVED the MINTJTES of the INFORMAL & FORMAL SESSIONS of October 12, 1987.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Robert E. Fentress, Harold Heischober,
Barbara M. Henley, Reba S. McClanan, Mayor Robert G.
Jones, John D. Moss, Vice Mayor Meyera E. Oberndorf,
Nancy K. Parker and John L. Perry
Council Members Voting Nay:
Albert W. Balko
Council Members Absent:
None
Item IV-F.l.
PUBLIC HEARING
PLANNING ITF14 28200
PLANNING
a. FRANK T. WILLIAMS VARIANCE
b. JAY AFTEL VARIANCE
c. LEKIES-WESLEYAN ACRES UNITED CONDITIONAL USE PERMIT
METHODIST CHURCH
d. WARNIE E. AND NITA F. CONLEY CONDITIONAL USE PERMIT
e. OGLESBY-ARNHOLD REALTY CHANGE OF ZONING
f. NEWTOWN SQUARE ASSOCIATES CHANGE OF ZONING
- 12 -
Item IV-F.l.a.
PUBLIC HEARING
PLANNING ITEM # 28201
Attorney Robert Cromwell, Pembroke One, Phone: 499-8971, represented the
applicant
Jack Whitney, ENVIRONMENTAL QUALITY CO-ORDINATOR, advised the City Council has
two options from an environmental standpoint: (1) Approve the Subdivision
Variance allowing for the elimination of curbs and gutters in return for grass
swales along the frontage of all the lots. (The paved road section itself must
be thirty-feet to qualify for State Maintenance Funds.) (2) Disallow the
Subdivision Variance and require curb and gutter as standard improvements for
this particular interior roadway. From the outfall, approximately where the
location of the cul-de-sac "ball", to the stream, BMP's shall be required to
be utilized at that Dortion of the system in the form of an open ditch or
swale with rip-rap.
Upon motion by Councilman Perry, seconded by Councilman Heischober, City
Council APPROVED the application of FRANK T. WILLIAMS for a Variance to Section
5.5(a) pertaining to curbs and gutters and Section 5.5(b) pertaining to
underground storm sewers.
Appeal from Decisions of Administrative Officers in
regard to certain elements of the Subdivision
Ordinance, Subdivision for Frank T. Williams.
Property is located on the south side of Nanneys
Creek Road 970 feet west of Charity Neck Road.
Plats with more detailed information are available
in the Department of Planning. PUNGO BOROUGH.
The following conditions shall be required:
1. A thirty-foot paved roadway section for the
proposed cul-de-sac. The entire street shall be
thirty-foot to qualify for State Maintenance Funds.
2. The application of Best Management Practices which
are reasonably applicable. Curbs and Gutters shall
be eliminated and grass swales substituted along
the frontage on all the lots.
- 13 -
Item IV-F.l.a.
PUBLIC HEARING
PLANNING ITEM # 28201 (Continued)
Voting: 5-3
Council Members Voting Aye:
Robert E. Fentress, Harold Heischober, Mayor Robert
G. Jones, Reba S. McClanan, and John L. Perry
Council Members Voting Nay:
John D. Moss, Vice Mayor Meyera E. Oberndorf and
Nancy K. Parker
Council Members Abstaining:
John A. Baum and Barbara M. Henley,
Council Members Absent:
Albert W. Balko
Councilwoman Henley and Councilman Baum ABSTAINED as they conduct business with
FRANK T. WILLIAMS
- 14 -
Item IV-F.l.b.
PUBLIC HEARING
PLANNING ITEM # 28202
Jay Aftel, 5104 Violet Bank Drive, Phone: 495-6626, the applicant, represented
himself and advised it was his wish to produce two rectangular lots to erect a
practical fence for his backyard. As it is now his neighbor's property comes
directly behind his house and by making the two lots rectangular a more normal
shaped lot will result. The applicant proposes to trade property with his
neighbor, giving him a triangular portion and receiving a triangle portion.
The traffic is extremely heavy and the applicant has a two-year old son.
Upon motion by Councilman Moss, seconded by Vice Mayor Oberndorf, City Council
APPROVED application of JAY AFTEL for a Variance to Sections 4.4(b) and 4.4(d)
of the Subdivision Ordinance pertaining to direct access to a public street.
Appeal from Decisions of Administrative Offices in
regard to certain elements of the Subdivision
Ordinance, Subdivision for Jay Aftel. Parcel is
located on the north side of Violet Bank Drive, 110
feet more or less east of Indian Lakes Boulevard.
Plats with more detailed information are available
in the Department of Planning. KEMSPVILLE BOROUGH.
The following conditions shall be required:
1. A note shall be placed on the final subdivision
plat stating that Lots 2A and Lots 3A are not
building sites. The Subdivision Plat shall be
signed by both part*
les in accordance with
applicable City ordinances.
2. Verification that permission has been granted to
each parcel from the City of Norfolk, for purposes
of ingress/egress across the 10-foot City of
Norfolk right-of-way, must be submitted to the
Planning Department upon final plat submission.
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 Absent:
Albert W. Balko
*Verbal Aye
1 5
Item IV-F.l.c.
PUBLIC HFARING
PLANNING ITEM # 28203
Reverend D. Michael Houff, 715 Baker Road, Phone: 497-3943, Pastor of Lekies-
Wesleyan Acres United Methodist Church, represented the applicant
Upon motion by Councilman Perry, seconded by Councilman Heischober, City
Council ADOPTED an Ordinance upon application of LEKIES-WESLEYAN ACRES UNITED
METHODIST CHURCH for a Conditional Use Permit:
ORDINANCE UPON APPLICATION OF LEKIES-WESLEYAN ACRES
UNITED METHODIST CHURCH FOR A CONDITIONAL USE
PERMIT FOR A CHURCH ADDITION R010871088
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRIGNIA
Ordinance upon application of Lekies-Wesleyan Acres
United Methodist Church for a Conditional Use
Permit for a church addition and related activities
on the west side of Baker Road, 1432.66 feet south
of Wesleyan Drive. Said parcel is located at 715
Baker Road and contains 4 acres. Plats with more
detailed information are available in the
Department of Planning. BAYSIDE BORUGH.
This Ordinance shall be effective upon the date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
Nineteenth day of October Nineteen Hundred and Eighty-seven.
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 Absent:
Albert W. Balko
6
Item IV-F.l.d.
PUBLIC HEARING
PLANNING ITEM 28204
Irvin Cubine, 228 North Donnawood Drive, Phone: 486-2480, represented the
applicant and advised the trees on the north side belonged to the adjacent
property owner. The boats and recreational vehicles would be similar to those
presently stored there.
Upon motion by Councilwoman McClanan, seconded by Councilman Perry, City
Council ADOPTED an Ordinance upon application of WAPdiIE E. & NITA F. CONLEY for
a Conditional Use Permit:
ORDINANCE UPON APPLICATION OF WARNIE E. & NITA F.
CONLEY FOR A CONDITIONAL USE PERMIT FOR BULK
STORAGE (BOATS & RECREATIONAL VEHICLES) R010871089
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRIGNIA BEACH, VIRGINIA
Ordinance upon application of Warnie E. & Nita F.
Conley for a Conditional Use Permit for bulk
storage (boats & recreational vehicles) on the west
side of Holland Road, 652 feet north of Shipps
Corner Road. Said parcel is located at 3213 Holland
Road and contains 5.505 acres. Plats with more
detailed information are available in the
Department of Planning. PRINCESS ANNE BOROUGH.
The following conditions shall be required:
1. Category II screening along the northern and
eastern perimeter of this fence surrounding the
bulk storage area (boats & recreational vehicles)
will be required at the end of a one (1 ) year
period from date granted by City Council.
2. Approval is for a period of three (3) years.
3. There shall be no additional curb cuts.
4. Utilization of Best Mangement Practices for
controlling stormwater runoff which are reasonably
applicable to the development of this site.
This Ordinance shall be effective upon the date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
Nineteenth day of October, Nineteen Hundred and Eighty-seven.
- 18 -
Item IV-F.l.e.
PUBLIC HFARING
PLANNING ITEM # 28205
Jim Arnhold, 6037 Providence Road, Phone: 420-7920, the applicant, and
represented himself
Upon motion by Councilwoman McClanan, seconded by Councilwoman Parker, City
Council ADOPTED Ordinances upon application of OGLESBY-ARNHOLD REALTY for
Changes of Zoning:
ORDINANCE UPON APPLICATION OF OGLESBY-ARNHOLD
REALTY FOR A CHANGE OF ZONTNG DISTRICT
CLASSTFICATION FROM AG-1 TO R-5 Z010871185
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of Oglesby-Arnhold
Realty for a Change of Zoning District
Classification from AG-1 Agricultural District to
R-5 Residential District on certain property
located 600 feet northeast of Princess Anne Road
beginning at a point 4250 feet more or less
northwest of North Landing Road. Said parcel
contains 1.07 acres. Plats with more detailed
information are available in the Department of
Planning. PRINCESS ANNE BOROUGH.
A N Dp
ORDTNANCE UPON APPLICATION OF OGLESBY-ARNHOLD
REALTY FOR A CHANGE OF ZONING DISTRICT
CLASSIFICATION FROM AG-2 TO R-5 Z010871186
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of Oglesby-Arnhold
Realty for a Change of Zoning District
Classification from AG-2 Agricultural District to
R-5 Residential District on the following parcels:
Parcel 1-: Located on the northeast side of
Princess Anne Road beginning at a point 4250 feet
northwest of North Landing Road.
Parcel 2: Located 450 feet more or less northeast
of Princess Anne Road beginning at a point 4250
feet more or less northwest of North Landing Road.
Said parcels contain 3.62 acres. Plats with more
detailed information are available in the
Department of Planning. PRINCESS ANNE BOROUGH.
- 19 -
Item IV-F.l.e.
PUBLIC HFARING
PLANNING IT124 # 28205 (Continued)
The following conditions shall be required:
1 . The utilization of Best Management Practices for
controlling storm water runoff which are reasonably
aplicable to the development of this site and in
keeping with recommendations for the proposed Back
Bay/North Landing River Management District.
2. Trees on Princess Anne Road if not within the
right-of-way shall remain. If same cannot remain,
these trees shall be replaced with Category II or
III screening.
3. Lot line vacation is not necessary as this is a
part of a larger parcel, the major portion of
which was rezoned previously.
4. Any Conditions applicable under rezonings on 7/8/85
and 2/10/86 wil also apply to this rezoning.
This Ordinance shall be effective upon the date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
Nineteenth day of October, Nineteen Hundred and Eighty-seven.
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 Absent:
Albert W. Balko
- 20 -
Item IV-F.l.f.
PUBLIC HEARING
PLANNING ITEM # 28206
Raine Sydnor, Post Office Box 64503, Phone: 490-1959, represented the applicant
Upon motion by Councilman Perry, seconded by Councilman Moss, City Council
ADOPTED an Ordinance upon application of NETOWN SQUARE ASSOCIATES for Changes
of Zoning:
ORDINANCE UPON APPLICATION OF NEWTOWN SQUARE
ASSOCIATES FOR CHANGES OF ZONING FROM AG-2 TO B-2
Z010871187
BE IT HEREBY ORDATNED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VTRGINIA
Ordinance upon application of Newtown Square
Associates for a Change of Zoning District
Classification from A7-2 Apartment District to B-2
Community-Business District on the following
parcels:
Parcel 1 : Located on the east side of Newtown Road
beginning at a point 900 feet south of Baker Road.
Parcel 2: Located 580 feet more or less south of
Baker Road beginning at a point 650 feet more or
less east of Newtown Road. Said parcels are located
at 544 Newtown Road and contain 25,961.76 square
feet. Plats with more detailed information are
avialable in the Department of Planning. BAYSIDE
BOROUGH.
The following conditions shall be required:
1. Right-of-way dedication 57.5 feet from the
centerline of the existing Newtown Road right-of-
way to provide for a six-lane divided
highway/bikeway per the Master Street and Highway
Plan.
2. A Stockade fence with Category IV landscaping
shrubbery (a combination of Category I and Category
III Landscaping) in accordance with Department of
Planning document dated September 7, 1987 entitled:
"Draft Landscaping, Screening and Buffering
Specifications and Standards" along the eastern
property line abutting the A-2 zoning.
This Ordinance shall be effective upon the date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
Nineteenth day of October, Nineteen Hundred and Eighty-seven.
- 21 -
Item IV-F.l.f.
PUBLIC HEARING
PLANNING ITEM # 282o6 (Continued)
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 Absent:
Albert W. Balko
- 22 -
Item IV-G.l.
RESOLUTIONS ITEM # 28207
Attorney Eric Hauser, 900 One Columbus Center, Phone: 497-5358, represented the
applicant
Upon motion by Councilman Fentress, seconded by Councilwoman Parker, City
Council ADOPTED:
Resolution approving the issuance of Industrial
Development Revenue Bond for Cape Henry Collegiate
School in the amount of $1,750,000.
Voting: 8-0
Council Members Voting Aye:
John A. Baum, Robert E. Fentress, 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 Abstaining:
Harold Heischober and Vice Mayor Meyera E. Oberndorf
Council Members Absent:
Albert W. Balko
Councilman Heischober ABSTAINED as he is a Member of the Board of Trustees of
Cape Henry Collegiate.
Vice Mayor Meyera E. Oberndorf ABSTAINED as she is -'In litigation with Cape
Henry Collegiate because of a traffic accident.
- 22a -
SUMMARY SHEET
CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY
INDUSTRIAL DEVELOPMENT REVENUE BOND
1. PROJECT NAME: CAPE HENRY COLLEGIATE SCHOOL
2. LOCATION: 1320 Mill Dam Road
Virginia Beach, Virginia 23454
3. DESCRIPTION OF PROJECT: 30,000 sq.ft. expansion to
include 28 additional class
rooms and related facilities
4. AMOUNT OF BOND ISSUE: $1,750,000
5. PRINCIPALS: N/A Applicant is a Virginia
nonstock, nonprofit corporation
6. ZONING CLASSIFICATION:
a. Present zoning
classification of the
Property R-3 and R-4
b. Is rezoning proposed? No
C. if so, to what zoning
classification? N/A
mbh
19205/000
SS.C
- 22b-
RESOLUTION OF CITY COUNCIL OF THE CITY OF VIRGINIA BEACH
APPROVING THE ISSUANCE OF
INDUSTRIAL DEVELOPMENT REVENUE BOND FOR
CAPE HENRY COLLEGIATE SCHOOL
WHEREAS, the City of Virginia Beach Development
Authority, whose address is 770 Lynnhaven Parkway, Suite 200,
Virginia Beach, Virginia (the "Authority" has considered the
application of Cape Henry Collegiate School, a Virginia nonstock,
nonprof it corporation, whose address is 1320 Mill Dam Road,
Virginia Beach, Virginia 23454 (the "Purchaser"), for the
issuance of the Authority's industrial development revenue bond
in an amount estimated at not more than $1,750,000 (the "Bond")
to assist in the financing of the Purchaser's construction, fur-
nishing and equipping of a 30,000 square foot expansion to the
Purchaser's elementary/secondary school facility, including 28
additional class rooms and related office and support facilities
(the "Project") to be located on a 29.5 acre parcel of land
situated at 1320 Mill Dam Road in Virginia Beach, Virginia, to be
owned by the Purchaser, and has held a public hearing thereon on
October 13, 1987 and;
WHEREAS, the Authority has requested the Council (the
"Council") of Virginia Beach, Virginia (the "City") to approve
the issuance of the Bond to comply with Section 147(f) of the
Internal Revenue Code of 1986, as amended; and
WHEREAS, pursuant to SS15.1-1378.1, Code of Virginia, as
amended, a copy of the Authority's resolution approving the
issuance of the Bond, subject to terms to be agreed upon and a
reasonably detailed summary of the comments expressed at the
public hearing, if any, have been filed with the Council of the
City of Virginia Beach, Virginia;
THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
1. The Council of the City of Virginia Beach, Virgi-
nia, approves the issuance of the Bond by the Authority for the
- 1 -
- 22c -
benef it of Cape Henry Collegiate School, a Virginia nonstock,
nonprof it corporation, to the extent of and as required by Sec-
tion 147(f) of the Internal Revenue Code, to permit the Authority
to assist in the financing of the Project.
2. The approval of the issuance of the Bond, as
required by Section 147 does not constitute an endorsement of the
Bond or the creditworthiness of the Purchaser, but, pursuant to
Chapter 643, Virginia Acts of Assembly of 1964, as amended, the
Bond(s) shall provide that neither the City nor the Authority
shall be obligated to pay the Bond(s) or the interest thereon or
other costs incident thereto except from the revenues and moneys
pledged therefor, and neither the faith or credit nor the taxing
power of the Commonwealth, the City, or the Authority shall be
pledged thereto.
3. In approving the Resolution, the City of Virginia
Beach, including its elected representatives, officers,
employees, and agents, shall not be liable and hereby disclaims
all liability for any damages to any person, direct or consequen-
tial, resulting from (1) the Authority's failure to issue bonds
for the Project for any reason, including but not limited to any
decision by the Authority in its sole discretion to allocate its
allowable industrial development bond volume under Section
265(b) (3) of the Internal Revenue Code to one or more other pro-
jects if the issuance of tax exempt bonds by the Authority is
restricted by any state or federal statute now or hereafter enac-
ted; or (2) the Authority's failure for any reason after the
issuance of bonds for the Project to allocate a portion of its
allowable industrial development bond volume to the Project if
the issuance of tax exempt bonds by the Authority is restricted
by any state or federal statute now or hereafter enacted.
4. This Resolution shall take effect immediately upon
its adoption.
Adopted by a majority of a quorum of the Council of the
City of Virginia Beach, Virginia, on October 19, 1987.
- 2 -
- 22d -
CITY COUNCIL OF VIRGINIA BEACH
By:
Title
mbh
19205/000
ccr.c
- 3 -
22e
October 13, 1987
FISCAL IMPACT STATEMENT
FOR PROPOSED INDUSTRIAL REVENUE BOND FINANCING
TO: THE CITY COUNCIL OF VIRGINIA BEACH, VIRGINIA
PROJECT NAME: CAPE HENRY COLLEGIATE SCHOOL PROJECT
TYPE OF FACILITY: ELEMENTARY/SECONDARY EDUCATION FACILITY
1. Maximum amount of financing sought $1,750,000.00
2. Estimated taxable value of the
facility's real property @o be
constructed in the muilicipality $1,500,000.00
3. Estimated reai property tax per
year using present tax rates .$None
4. Estimated personal property tax
per year using present tax rates $None
S. Estimated merchants' capital
(business license) tax per year
using present tax rates $None
6. Estimated dollar value per year
of goods and services that will
be purchased locally $400,000.00
7. Estimated number of regular
employees on year round basis 90
8. Average annual salary per employee $26,500.00
The information contained in this Statement is based solely
on facts and estimates provided by the Applicant, and the
Authority has made no independent investigation with respect
thereto.
CITY OF VIRGINIA BEACH
DEVELOPMENT AUTHORITY
By
Ch.@,7,
*Note: Cape Henry Collegiate School is a nonprofit, Section
501(c)(3) entity
**Note: current employees and 30 additional employees from
bond financed renovation/expansion
mbh
19205/000
fis.c
22f
Economic Impact Statement
1. AMount of investment $1,795,000
2. knount of industrial revenue bond financing
sought
$ 1,750,000
3. Estimated taxable value of the facility's
real property to be constructed in the City
of Virginia Bbach $ 1,500,000
4. Estimated real property tax per year using
present tax rate $ None*
5. Estimated personal property tax $ None*
6. Economic impact statement demonstrating the
overall return to the city:
A. Number of new jobs 30
B. Payroll generated $800,000 Av. Wage $ 26,500
C. Number of jobs retained 60
D. Payroll retained $1,600,000 Av. Wage $ 26,500
E. Estimate of the value of goods and services purchased
witbin the geographic boundary of Virginia Beach by
type (inventory, machinery, professional servic,,s,
insurance, motor vehicles, etc.):
Type Value
Motor vehicles $ 10,000
Supplies, insurance 150,000
Maintenance 150,000
Services $ 90,000
TOTAL $400,000
*Note: The applicant is a Virginia nonstock
nonprofit corporation
22g
F. Estimated building permit fee and other municipal
fees $ 4,500
C. Estimated construction payroll $900,000
H. Estimated value of construction material
to be purchased within the City of
Virginia Beach $500,000
I. Estimated number of construction jobs
J. Any other items which the applicant fee-S
the Authority should be made aware of in
evaluatinq the prole@tproject will generate approximately
I h -educzlt:toriit fduitirie@ f-,
30 additional jobs and furn@s
approximately 200 students.
7. Is the site currently zohed for the use of being proposec,
for industrial revenue bond financ4@ng? Yesx No
8. Has a bond purchase agreement/commitment been accepted by
the applicant? (attach a,copy) Yes x No
9. Will the bond financing close within 90 days from the
date of adoption of the inkucement resolution? YesX
No
10. Loocation of project (attach location m@--))
1320 Mill Dam Road, Virginia Beach, Virginia 23454
11. Explanation of alternative financing that has been
reviewed for 1;roject Financinq at conventional rates
restricts the ability of the appilcant to compiete tne
*Includes both Onsite and offsite laborers and personnel.
I L
22h
I hereby certify that the information stated in the above
Economic Impact Statement-is accurate and true in all respe-cts.
CAPE HE@OLLEGIATE SCHOOL
B'V.
p t)
7
subscribed and sworn to before me this ay of
198Y.
Notary Public
My Commission Expires:
Whit, Lke SEASHO
7h,
Poi@t
C." G.,@
PROJECT NAME: Cape Henry Collegiate
School Project
PROJECT ADDRESS: 1320 Mill Dam Road
Virginia Beach, Virginia
2 345 4
TYPE OF PROJECT: Elementary/Secondary
School Expansion
- 23 -
Item IV-G.2-
RESOLUTIONS ITEM # 28208
ADD-ON
Upon motion by Vice Mayor Oberndorf, seconded by Councilman Heischober, City
Council ADOPTED:
A Resolution Authorizing the Appeal of the
Determination of the Sussex County Board of
Sueprvisors DENYING Permission for the LAYE GASTON
Pipeline to cross Sussex County.
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 Absent:
Albert W. Balko
- 23a -
I A RESOLUTION AUTHORIZING THE
2 APPEAL OF THE DETERMINATION OF THE
3 SUSSEX COUNTY BOARD OF SUPERVISORS
4 DENYING PERMISSION FOR THE LAKE GASTON
5 PIPELINE TO CROSS SUSSEX COUNTY
6
7
8 WHEREAS the City of Virginia Beach on August 7, 1987
9 submitted an application to Sussex County showing the location,
10 character, and extent of a proposed underground water pipeline
11 from Lake Gaston across Sussex County; and
12 WHEREAS, on September 15, 1987 the Sussex County
13 Planning Commission voted unanimously that the proposed pipeline
14 was in accord with Sussex County's Comprehensive Plan; and
15 WHEREAS, on October 15, 1987 the Sussex County Board of
16 Supervisors ruled in a 3-3 vote to withhold consent under
17 Section 15.1-875 of the Code of Virginia to allow the Lake Gaston
18 Pipeline to cross the County of Sussex; and
19 WHEREAS, the City of Virginia Beach has taken great
20 pains in every conceivable way to minimize the impact of the Lake
21 Gaston Pipeline through Sussex County and believes that the
22 actions of the Sussex County Board of supervisors were incorrect
23 and not supported by law or fact;
24
25 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE
26 CITY OF VIRGINIA BEACH, VIRGINIA:
27 1. The City Attorney is hereby authorized to file the
28 necessary petition in order to perfect the City's appeal of the
29 decision of the Sussex County Board of Supervisors in this
30 matter, in accord with the provisions of Section 15.1-875.
31 2. The City Attorney is further authorized and
32 directed to take such other steps as are deemed necessary by him
33 to protect the City's interest in this matter.
34 Adopted by the Council of the City of Virginia Beach,
35 Virginia, this 19th day of October, 1987.
3 6
37 KJC/dhh
38 10/16/87
- 24 -
Item IV-H.
CONSENT AGENDA ITEM # 28209
Upon motion by Councilwoman Parker, seconded by Vice Mayor Oberndorf, City
Council APPROVED in ONE MOTION Items, 1, 2, 3, 4, 5, 6, 7, ADD-ON ?a. and 8 of
the CONSENT AGENDA.
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. 14oss, Vice Mayor Meyera E.
Oberndorf, Nancy K. Parker and John L. Perry
Council Members Voting Nay:
None
Council Members Absent:
Albert W. Balko
- 25 -
Item IV-H.l.
CONSENT AGENDA ITF14 # 28210
Upon motion by Councilwoman Parker, seconded by Vice Mayor Oberndorf, City
Council ADOPTED:
Ordinance to AMEND and REORDAIN Section 23-32 of
the Code of the City of Virginia Beach, Virginia,
pertaining to shoplifting.
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 Absent:
Albert W. Balko
APPROVED AS TO CON'FENTS - 25a -
SIGNATURE
c@. -
DEPARTMENT
APPPOVED AS TO LEGAL
1 AN ORDINANCE TO AMEND AND REORDAIN
2 SECTION 23-32 OF THE CODE OF THE
3 CITY OF VIRGINIA BEACH, VIRGIMIA,
4 PERTAINING TO SHOPLIFTING
5
6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
7 BEACH, VIRGINIA:
8 That Section 23-32 of the Code of the City of Virginia
9 Beach is hereby amended and reordained to read as follows:
10
11
12 Section 23-32. Shoplifting.
13
14 (a) Whoever, without authority, with the intention of
15 converting goods or merchandise to his own or another', use
16 without having paid the full purchase price thereof, or of
17 defrauding the owner of the value of the goods or merchandise:
18 (1) W i 1 1 f u 1 1 yconceals or takes
19 possession of the goods C) r
20 merchandise of any store or other
21 mercantile establishment, or
22 (2) Alters the price tag or other price
23 m a r k i n gon s u c hgoods or
24 merchandise, or transfers the goods
25 from one container to another, or
26 (3) Counsels, assists, aids or abet,
27 another in the performance of any
28 of the above acts,
29 shall be deemed guilty of larceny and, upon conviction thereof,
30 shall be punished as hereinafter provided. The willful
31 concealment of goods or merchandise of any store or other
32 mercantile establishment, while still on the premises thereof,
33 shall be prima facie evidence of an intent to convert and defraud
34 the owner thereof out of the value of the goods or merchandise.
35 (b) Any person convicted for the first time of an
36 offense under this section, when the value of the goods or
37 merchandise involved in the offense is less than two hundred
38 dollars ( $ 2 0 0 . 0 0shall be punished as for a Class1
39 misdemeanor.
- 25b -
40 (c) Any person convicted of an offense under this
41 section, when the value of the goods or merchandise involved in
42 the offense is less than two hundred dollars ($200.00), and it is
43 alleged in the warrant or information on which such person is
44 convicted, and admitted, or found by the jury or judge before
45 whom such person is tried, that such person has been before
46 convicted in the Commonwealth of Virginia for a like offense,
47 regardless of the value of the goods or merchandise involved in
48 the prior conviction, or for a violation of section 18.2-95 or
49 section 18.2-96 of the Code of Virginia or section 23-31 of this
50 code, shall be confined in jail not less than thirty (30) days
51 not more than twelve (12) months.
52 (d) Any person who has been convicted of violating the
53 provisions of this section shall be civilly liable to the owner
54 for the retail value of any goods and merchandise illegally
55 converted and not recovered by the owner, and for all costs
56 incurred in prosecuting such person under the provisions of this
57 section. Such costs shall be limited to actual expenses,
58 including the base wage of one employee acting as a witness for
59 the prosecution, and suit costs. The total amount of allowable
60 costs granted hereunder shall not exceed two hundred fifty
61 dollars ($250.00), excluding the retail value of the goods and
62 merchandise.
63 (e) A merchant, agent or employee of the merchant, who
64 causes the arrest of any person pursuant to the provisions of
65 this section shall not be held civilly liable for unlawful
66 detention, if such detention does not exceed one hour, slander,
67 malicious prosecution, false imprisonment, false arrest or
68 assault and battery of the person so arrested, whether such
69 arrest takes place on the premises of the merchant or after close
70 pursuit from such premises by such merchant, or the merchant's
71 agent or employee; provided that, in causing the arrest of such
72 person, the merchant, agent or employee of the merchant, had, at
73 the time of such arrest, probable cause to believe that the
74 person had shoplifted or committed wilful concealment of goods or
75 merchandise. For the purposes of this subsection, "agents of the
2
- 25c -
76 merchant" shall include attendants at any parking lot owned or
77 leased by the merchant, or generally used by customers of the
78 merchant through any contract or agreement between the owner of
79 the parking lot and the merchant.
80
81 Adopted by the Council of the City of Virginia Beach,
82 Virginia, on the 19th day of Octobe)t 1987.
83
84 WEB/epm
85 10/01/87
86 CA-02
87 \ordin\proposed\23-032.pro
88
89
3
- 26 -
Item IV-H.2.
CONSENT AGENDA ITEM # 28211
Upon motion by Councilwoman Parker, seconded by Vice Mayor Oberndorf, City
Council ADOPTED:
Ordinance to AMEND and REORDAIN Section 5-31 of the
Code of the City of Virginia Beach, Virginia,
pertaining to Bird Sanctuaries (Beach Garden Park).
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Robert E. E'entress, 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:
Albert W. Balko
- 26a -
Requested by Councilwoman Nancy Parker
1 AN ORDINANCE TO AMEND AND REORDAIN
2 SECTION 05-31 OF THE CODE OF THE
3 CITY OF VIRGINIA BEACH, VIRGINIA,
4 PERTAINING TO BIRD SANCTUARIES
5
6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
7 BEACH, VIRGINIA:
8 That Section 05-31 of the Code of the City of Virginia
9 Beach is hereby amended and reordained to read as follows:
10
11
12 Section 5-31. Established; purpose.
13
14 The following described areas in the city are hereby
15 declared to be bird sanctuaries for the protection of all birds:
16 (1) North Thalia in Kempsville Borough:
17 Beginning at a point in the center
is of Thalia Creek on the north side
19 of U.S. Route 58 (Virginia Beach
20 Boulevard); thence in a northerly
21 direction following the center of
22 Thalia Creek to the merger of
23 Thalia Creek, the western branch of
24 Lynnhaven River and Buchannan
25 Creek; thence in an easterly
26 direction along the center of
27 Buchanan Creek (Lynnhaven and
28 Kempsville Borough line) to the
29 northeast boundary of Thalia
30 Shores; thence in a southerly
31 direction along the Lynnhaven and
32 Kempsville Borough line to a point;
33 thence along the borough line in a
34 westerly direction approximately
35 twelve hundred (1200) feet, more or
36 less, to a point; thence along the
37 borough line in a southerly
38 direction to the north side of U.S.
39 Route 58 (Virginia Beach Boulevard)
- 26b -
40 and Route 1192 (West Brook Road);
41 thence in a westerly direction
42 along U.S. Route 58 to the point of
43 beginning.
44 (2) Chesopian Colony in Lynnhaven
45 Borough: Beginning at a point in
46 the center of Pine Tree Branch on
47 the north side of U.S. Route 58
48 (Virginia Beach Boulevard); thence
49 in a northerly direction following
50 the center of Pine Tree Branch to
51 the merger of Pine Tree Branch, the
52 eastern branch of Lynnhaven River
53 and London Bridge Creek; thence in
54 a southeasterly direction along the
55 center of London Bridge Creek to
56 U.S. Route 58 (Virginia Beach
57 Boulevard); thence along the north
58 side of U.S. Route 58 in a westerly
59 d i r e c t i o nto the p o i n t of
60 beginning.
61 (3) The subdivisions known as Kings
62 Grant, Alanton, Kings Forest,
63 M a 1 i b u ,Birchwood Gardens,
64 Lynnhaven Acres, Cape-Story-By-The-
65 Sea, Bay Island and Trantwood
66 Shores in the Borough of Lynnhaven
67 and Nottingham Estates, Laurel Cove
68 and Aragona Village in Bayside
69 Borough.
70 (4) All that certain area located in
71 Lynnhaven Borough, including, but
72 not limited to those subdivisions
73 known as Wolfsnare Plantation,
74 Southern Points, Robin Hood Forest
75 and Great Neck Estates, and being
2
- 26 c -
76 more particularly described as
77 follows: Beginning at a point in
78 the center of Wolfsnare Creek on
79 the western side of Great Neck
80 Road ; thence in a westerly
81 direction following the center line
82 of Wolfsnare Creek to the merger of
83 Wolfsnare Creek and the eastern
84 branch of the Lynnhaven River;
85 thence in a northerly direction
86 along the center line of the
87 eastern branch of the Lynnhaven
88 River to the merger of the center
89 line of the eastern branch with
90 Inlynnview Road extended; thence,
91 in an easterly direction and
92 running parallel to Robin Hood
93 Road, down the center of Inlynnview
94 Road to the intersection of
95 Inlynnview Road and Five Points
96 Road; thence in a northerly
97 direction, down the center of Five
98 Points Road to the point of
99 intersection of Five Points Road
100 and Rose Hall Drive; thence in an
101 easterly direction, down the center
102 of Rose H a 1 1D r i v eto the
103 intersection of Rose Hall Drive
104 with Great Neck Road; thence in a
105 southerly direction and traveling
106 along the western right-of-way line
107 of Great Neck Road to the point of
108 merger of the center line of
109 Wolfsnare Creek with the western
110 right-of-way line of Great Neck
3
- 26d -
ill Road, said point being the point of
112 beginning.
113 (5) All that certain area bounded on
114 the north by Shore Drive, on the
115 south by Long Creek, on the west
116 by Great Neck Road and on the east
117 by the subdivision known as Cape-
118 Story-By-The-Sea.
119 (6) The subdivisions known as Lakeview
120 Shores, Lake Smith Terrace, Lake
121 Smith Terrace-West, Thoroughgood,
122 Thoroughgood Estates, Lake Shores,
123 Bayville Park, Baylake Pines and
124 Baylake Beach in Bayside Borough.
125 (7) All that certain area located in
126 Princess Anne Borough being
127 described as follows: From the
128 intersection of the center line of
129 Hell Point Creek and Tabernacle
130 Creek to its intersection with the
131 center line of Muddy Creek to its
132 termination at North Bay, then
133 northwardly along the center line
134 of Hell Point Creek to the point of
135 origin.
136 (8) The subdivisions known as Lake
137 James, Kempsville Heights, Point-
138 of -View, Arrowhead, Carolanne
1 39 Farms , Huntington, Fai rf ield ,
1 40 Kempsville Manor, Kempsville
141 Gardens, Lark Downs, Larkspur,
14 2 Kempsville Colony, Bellamy Manor,
14 3 Acredale, Reverton, Lakeville
144 Estates, Timberlake and Stratford
14 5 Chase in Kempsville Borough and
146 Pawn Village at Indian Lake.
4
- 26e -
147 (9) All that certain area located in
148 Princess Anne Borough being
1 49 described as follows: From the
150 center line of North Landing Road
151 easterly five hundred (500) feet
152 and westerly five hundred (500)
153 feet and running parallel to North
154 Landing Road from the south line of
155 Indian River Road to the Chesapeake
156 C i t y boundary 1 i n e on t h e
157 Intercoastal Waterway.
158 (10) The subdivision known as Lago-Mar
159 in Princess Anne Borough.
160 (11) The subdivision known as Green Run
161 in Princess Anne Borough.
162 (12) The subdivisions known as Pembroke
163 Meadows, Pembroke Manor, Witchduck
164 Point and Witchduck Bay in Bayside
165 Borough.
166 (13) The subdivision known as Lynnhaven
167 Colony.
168 (14) All that certain area known as
169 Beach Garden Park in the Lynnhaven
170 Borough of the city; said area is
171 located directly south of Laskin
172 Road, bounded on the west by
173 Barberton Drive and on the east by
174 Holly Road running to 26th Street.
175 f 3:4t -(15) All that certain area known as
176 Chesapeake Beach in the Bayside
177 Borough of the city; said area is
178 bounded on the south by Shore
179 Drive, bounded on the north by
180 Chesapeake Bay, bounded on the west
181 by Little Creek Amphibious Base,
182 and bounded on the east by the
5
- 26 f -
18 3 subdivision known as Baylake
18 4 Pines.
185 f i-5t (16)All that certain area known as
186 Princess Anne Plaza in the
187 Lynnhaven and Princess Anne
188 Boroughs of the city; said area is
189 bounded on the north by the
190 Virginia Beach toll road, bounded
191 on the west by Rosemont Road,
19 2 bounded on the south by Holland
19 3 Road and Lynnhaven Parkway, and
1 9 4 bounded on the east by Lynnhaven
195 Parkway.
196 f+/-6f -(17) All that certain area known as
197 Wolfsnare in the Lynnhaven Borough
198 of the city; said area is bounded
199 on the east by First Colonial Road,
200 on the north by the Northern Branch
201 of Wolfsnare Creek, on the west by
202 Great Neck Road, and on the south
203 by the southern branch of Wolfsnare
204 Creek, Regency Apartments, and
205 Laskin Road; to include the
206 subdivision of First Colonial
207 Estates, Camden Estates, Glouster
208 Village, Hilltop Manor, Wolfsnare
209 Acres, Washington Square and Woods
210 of Washington Square.
211 fl7t -(18) All that certain area known as
212 Lake Placid in the Princess Anne
213 Borough.
214 Adopted by the Council of the City of Virginia Beach,
215 Virginia, on the Igth day of ootohp@ 1987.
216
217 JDB/epm p@-rVED AS -1 0 coNTENT
218 10/12/87
219 CA-02475
220 \ordin\proposed\05-031.pro
221
6
- 27 -
Item IV-H-3-
CONSENT AGENDA ITEM # 28212
Upon motion by Councilwoman Parker, seconded by Vice Mayor Oberndorf, City
Council ADOPTED upon SECOND READING:
Ordinance to ACCEPT and APPROPRIATE $1,473,000 to
the Department of Public Utilities for an increase
in the rate of water purchased from the City of
Norfolk.
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 Absent:
Albert W. Balko
27a -
z z AN ORDINANCE TO APPROPRIATE FUNDS OF $1,47-@,000
@R C) TO THE DEPARTMENT OF PUBLTC UTILITIES FOR AN ]-NCREASE
IN THE RATE OF WATER PURCHASED FROM THE CITY OF NORFOLK
due to an increase in tbe rate of water I)urchased from the
City of Norfolk, the Council of the City of Virginia Beach, on September 21, 1987
amended the City Code increasing the water rate charged to customers from $1.81
to $1.99 per thousand gallons effective as of October 1, 1987, and
WHEREAS, tbe revised rate will result in an operating budget increase
of $1,473,000 for the purchase of water, and
WHEREAS, the increase of appropriations will be offset by a like
increase in estimated revenues from the sale of water to customers.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BF-ACH, VIRGINIA tbat funds in tbe amount of $1,473,000 are bereby appropriated to
tbe Department of Public Utilities for an increase in the rate of water purchased
from the City of Norfolk.
BE IT FURTHER ORDAINED, that the increase in appropriations be offset
by a like increase in estimated revenues from the sale of w@,iter.
This ordinance shall be effective from the date oi: its adoption.
Adopted by the Council of the City of Virginia Bezich, Virginia on the
19 day of October 1987.
Public Hearing: October 12, 1987
1
First Reading: October 12, 1987
1
Second Reading: October 19, 1987
ORDWATERINC
- 28 -
Item IV-H-4
CONSENT AGENDA ITEM # 28213
Upon motion by Councilwoman Parker, seconded by Vice Mayor Oberndorf, City
Council ADOPTED upon SECOND RFADING:
Ordinance to ACCEPT and APPROPRIATE $30,000 from
the sale of property in the Rosemont Forest area to
the Rosemont Forest Area Park Site (Project #4-
946).
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 Absent:
Albert W. Balko
- 28a -
AN ORDINANCE TO APPROPRIATE YUNDS IN THE
AMOUNT OF $30,000 FROM THE SALE OF PROPERTY
TO PROJECT 4-946 ROSEMONT FOREST AREA PARK SITE
S, on August 24, 1987 council approved an ordinance authorizing
the city of Virginia Beach to sell a portion of a recreation site in the Rosemont
Forest area in the amount of $30,000, and
WHEREAS, proceeds generated from the sale are to be earmarked for land
acquisition to be used as a future park site in the Rosemont Forest area.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, that funds in the amount of $30,000 derived from the sale of property in
the Rosemont Forest area is hereby appropriated to Rosemont Forest Area Park Site
project (Project #4-946) for purchase of future park sites in the Rosemont Forest
area.
This ordinance shall be effective from the date of its adoption.
Adopted by the Council of the City of Virginia Beach, Virginia
on 19 day of October 1987.
FIRST READING: October 12, 1987
SECOND READING: October 19, 1987
ORDI
- 29 -
Item IV-H-5-
CONSENT AGENDA ITEM # 28214
Upon motion by Councilwoman Parker, seconded by Vice Mayor Oberndorf, City
Council ADOPTED:
Ordinance appointing viewers in the petition of
Koger Properties, Inc. for the closure of a portion
of Newtown Road (Bayside Borough).
The Viewers are:
David Grochmal Director of General Services
C. Oral Lambert, Jr., Director of Public Works
Robert J. Scott Director of Planning
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 Absent:
Albert W. Balko
29a -
ORDINANCE APPOINTING VIEWERS
WHEREAS, Koger Properties, Inc. has given due and proper
notice, in accordance with the statutes for such cases made
and provided that they will on the 19th day of October, 1987,
apply to the City Council of the City of Virginia Beach, Virginia,
for the appointment of Viewers to view the below described excess
street right-of-way and report in writinq to Council whether,
in the opinion of said Viewers, any, and if any, what
inconvenience would result from the discontinuance of the
hereinafter described portion of the excess street right-of-way
of Newtown Road, and has filed such application with said council.
NOW, THEREFORE, be it ORDAINED by the Council of the City
of Virginia Beach, Virginia:
THAT -C. Oral Lambert, Jr.
Robert J. Scott and
David Grochmal are hereby appointed
to view the below described property and report in writinq tq
the Council, as soon as possible, whether in their opinion,
any, and if any, what inconvenience would result in the
discontinuance and vacating of that portion of the excess street
right-of-way of Newtown Road located in the City of Virginia
Beach, Virginia, more particularly described as follows:
All that certain lot, piece or parcel, or tract of
land, situate, lying and beinq in the City of Virginia
Beach, Virginia, and beinq more particularly described
as follows:
29b
Commence at the intersection of the easterly
right-of-way line of Newtown Road (variable R/W) with
the southerly right-of -way line of Cleveland Street
(variable R/W), as said rights-of-ways now exist and
as shown on Subdivision of The Koger Center, as recorded
in Book 2608, pages 679 and 680, in the Clerk's Office
of the Circuit Court, Virginia Beach, Virginia, said
point being the northwest corner of Parcel A of said
Subdivision and being on the common boundary line
of the City of Virginia Beach, Virginia, and the City
of Norfolk, Virginia; thence along the westerly property
line of said Parcel A and said common boundary line
of the City of Virginia Beach and the City of Norfolk
South 21'30'00" West 7 4 . 5 9feet to the POINT OF
BEGINNING; thence continue along said westerly property
line of said Parcel A the following two (2) courses
and distances: 1) South 20@43'00" West 124.93 feet,
and 2) South 24@20'45" West 127.69 feet to the southwest
corner of said Parcel A; thence north 64'53'55" West
20.41 feet to a point on the common boundary line
of the City of Virginia Beach and the City of Norfolk;
thence along said common boundary line of the City
of Virginia Beach and the City of Norfolk the following
two (2) courses and distances: 1) North 21@30'00"
East 250.80 feet, and 2) South 69@2l'OO" East 25.00
feet to the Point Of Beqinning. Containing 6,214
square feet or 0.143 acre, more or less.
All the above is shown an that certain plat entitled, "Plan
Of Portion Of Newtown Road Right-Of-Way To Be Acquired By Koqer
Properties, Inc. From Virginia Beach, Va., Norfolk, Va., and,
Commonwealth of Virginia", which plat is attached hereto ancl,
made a part hereof and intended to be recorded with the Ordinanc@
closinq the aforedescribed street riqht-of-way.
ADOPTED: October 19, 1987
-2-
IN THE MATTER OF CLOSING, VACATING AND DISCONTINUING A PORTION
OF THE EXCESS STREET RIGHT-OF-WAY OF THAT CERTAIN STREET KNOIIN
AS NEWTOWN ROAD AS SHOWN UPON THAT CERTAIN PLAT ENTITLED "PLAN
OF PORTION OF NEWTOWN ROAD RIGHT-OF-WAY TO BE ACQUIRED BY KOGER
PROPERTIES, INC. FROM VIRGINIA BEACH, VIRGINIA, NORFOLK, VIRGINIA
AND COMMONWEALTH OF VIRGINIA", WHICH PLAT IS ATTACHED HERETO.
PETITION ,
TO: THE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA
Your Petitioner, Koger Properties, Inc., respectfully
represents as follows:
1. That pursuant to the provisions of Section 15.1-364
of the Code of Virqinia of 1950, as amended, the Petitioner
applies for the vacating, closing, and discontinuance of a
portion of the excess street right-of-way of Newtown Road,
which is more specifically described as follows:
All that certain lot, piece or parcel, or tract of
land, situate, lying and being in the City of Virginia
Beach, Virginia, and being more particularly described
as follows:
Commence at the intersection of the easterly
right-of-way line of Newtown Road (variable R/W)
with the southerly right-of-way line of Cleveland
Street (variable R/W), as said rights-of-ways now
exist and as shown on Subdivision of The Koger Center,
as recorded in Book 2608, pages 679 and 680, in the
Clerk's Office of the Circuit Court, Virqinia Beach,
Virginia, said point being the northwest corner of
Parcel A of said Subdivision and being on the common
boundary line of the City of Virginia Beach, Virginia,
and the City of Norfolk, Virginia; thence along the
westerly property line of said Parcel A and said
common boundary line of the City of Virginia Beach
and the City of Norfolk South 21'30100" West 74.59
feet to the POINT OF BEGINNING; thence continue along
said westerly property line of said Parcel A the
following twO (2) courses and distances: 1) South
20'43'00" West 124.93 feet, and 2) South 24'20'45"
West 127.69 feet to the southwest corner of said
Parcel A; thence north 64@53155" West 20.41 feet
to a point on the common boundary line of the City
of Virginia Beach and the City of Norfolk; thence
aiong said common boundary line of the City of Virginia
Beach and the City of Norfolk the following two (2)
courses and distances: 1) North 21@30'00" East 250.80
fe,et, and 2) South 69'21100" East 25.00 feet to the
Point Of Beginning. Containing 6,214 square feet
or 0.143 acre, more or less.
Said parcel of land being a portion of the excess street
right-of-way of Newtown Road as indicated on that Plat entitled
"Plan Of Portion Of Newtown Road Right-Of-Way To Be Acquired
By Koger Properties, Inc. From Virginia Beach, Va., Norfolk,
Va. and Commonwealth of Virginia", dated July 10, 1987, which
plat is attached hereto and made a part hereof and intended
to be recorded with the ordinance vacating a portion of the
excess street rignt-of-way of Newtown Road.
2. That no inconvenience will result to any person or
persons by reason of said closing, vacation, and discontinuance
of the portion of the excess street right-of-way of Newtown
Road; and the Petitioner prays that this Honorable Council
appoint viewers as provided by law to view the portion of the
excess street riqht-of-way of Newtown Road proposed to be closed
and to report in writing to the council on or before the
day of 1 1987, as to whether in the opinion of said
viewers what inconvenience, if any, would result from the
discontinuance anc closing of this portion of the excess street
right-of-way of Newtown Road, as herein reported and described.
-2-
3 . That on the 30th day of September, 1987 and on the
7th day of October, 1987, notice of the presentinq of this
application was published in the Virginia Beach Sun, a newspaper
of general circulation in the City of Virginia Beach, Virginia.
4. That the fee simple owners of all land not otherwise
contained in a dedicated right-of-way for a public street
adjacent to and affected by said portion of the excess street
right-of-way of Newtown Road is the Petitioner herein, Koger
Properties, Inc., Post Office Box 4520, Jacksonville, Florida
3 2 2 0 1 .
Respectfully submitted,
KOGER PROPERTIES, INC.
By
Of Counsel
Ronald P. Donn, Esquire
WILLCOX & SAVAGE, P.C.
1800 Sovran Center
Norfolk, Virginia 23510
-3-
NOTICE
PLEASE TAKE NOTICE, that at the meeting of the City Council
of the City of Virginia Beach, Virginia, to be held on the 19th
day of October, 1987, at 2:00 p.m., at the City Hall of the City
of Virginia Beach, Princess Anne Station, the undersigned will
petition the Council for the appointment of Viewers to view the
below described portion of the excess street right-of-way of
Newtown Road and report to the City Council whether in the opinion
of the Viewers, what, if any, inconvenience would result from
the vacating, closing and discontinuance of same, the said portion
of the excess street right-of-way of Newtown Road described as
follows:
All that certain lot, piece or parcel, or tract of land,
situate, lying and being in the City of Virginia Beach,
Virginia, and being more particularly described as
follows:
Commence at the intersection of the easterly
right-of-way line of Newtown Road (variable R/W) with
the southerly right-of-way line of Cleveland Street
(variable R/W), as said riqhts-of-ways now exist and
as shown on Subdivision of The Koger Center, as recorded
in Book 2608, pages 679 and 680, in the Clerk's Office
of the Circuit Court, Virginia Beach, Virqinia, said
point beinq the northwest corner of Parcel A of said
Subdivision and being on the common boundary line of
the City of Virginia Beach, Virginia, and the City of
Norfolk, Virginia; thence alonq the westerly property
line of said Parcel A and said common boundary line
of the City of Virginia Beach and the City of Norfolk
South 21'30100" West 7 4 . 5 9feet to the POINT OF
BEGINNING; thence continue along said westerly property
line of said Parcel A the following two (2) courses
and distances: 1) South 20'43'00" West 124.93 feet,
and 2) South 24'20'45" West 127.69 feet to the southwest
corner of said Parcel A; thence north 64'53155" West
20.41 feet to a point on the common boundary line of
the City of Virginia Beach and the City of Norfolk;
thence along said common boundary line of the City of
Virginia Beach and the City of Norfolk the following
two (2) courses and distances: 1) North 21'30'oO" East
250.80 feet, and 2) South 69'21-oo-, East 25.00 feet
to the Point Of Beginninq. Containing 6,214 square
feet or 0.143 acre, more or less.
All the above, shown upon that certain plat entitled "Plan
Of Portion Of Newtown Road Right-Of-Way To Be Acquired By Koger
Properties, inc. From Virginia Beach, Va., Norfolk, Va., and
Commonwealth of Virginia", made by W. P. Large, Inc. dated July
10, 1987.
At that time, anyone affected may appear and present his
views.
After the report of the Viewers is received, at the next
regular meeting of the City Council, or as soon thereafter as
the matter may be placed on the aqenda, the undersigned will
Petition the City Council to vacate, close and discontinue that
portion of the excess street right-of-way of Newtown Road in the
City of Virginia Beach, Virginia, described above.
KOGER PROPERTIES, INC.
B
Ronald P. Donn, Esquire
WILLCOX & SAVAGE, P.C.
1800 Sovran Center
Norfolk, Virginia 23510
-2-
WILLCOX & SAVAGE,
P.C.
-111@.. 1. ATTORNEYS AT LAW
5OV.@N CENTER @ALI- l@1-1 IR
NORFOLK, VIRGINIA 23510-2197
.-.1@l IR
.... N@RF.@K 180.1 628-5500 I Tll.@Ll
P-1@@@L@ (80.1 875-1429 .-.1 .11@IIN
(S.., 5613 I.LL All
WRITER 5 TELEPHONE N@.BER 628- 5 5 0 0...
T.I@L
CERTIFICATE OF VESTING TITLE 'A..ITT@. l@ T@@ .1@T@l@l
-.T. . -T.R@ll 1. .1 .@@l
I, Ronald P. Donn, attorney for Koger Properties, Inc.
do hereby certify that:
I am an attorney at law and represent Koger Properties,
Inc., the petitioner.
2. If the property described below is discontinued,
closed and vacated by the Council of the City of Norfolk,
Virginia, then title to said property will vest in Koger
Properties, Inc., the adjacent landowner, the balance of
the property being bounded by unvacated portion of Newtown
Road located in the City of Norfolk, Virginia.
The said property referred to herein is hereby described
as follows:
All that certain lot, piece or parcel, or tract
of land, situate, lying and being in the City of
Virginia Beach, Virqinia, and being more particularly
described as follows:
Commence at the intersection of the easterly
riqht-of-way line of Newtown Road (variable R/W)
with the southerly right-of-way line of Cleveland
Street (variable R/W), as said riqhts-of-ways now
exist and as shown on Subdivision of The Koger
Center, as recorded in Book 2608, pages 679 and
680, in the Clerk's Office of the Circuit Court,
Virginia Beach, Virginia, said point being the
northwest corner of Parcel A of said Subdivision
WILLCOX & SAVAGE,
P. C.
and being on the common boundary line of the City
of Virginia Beach, Virginia, and the City of Norfolk,
Virginia; thence alonq the westerly property line
of said Parcel A and said common boundary line
of the City of Virginia Beach and the City of Norfolk
South 21'3010011 West 74.59 feet to the POINT OF
BEGINNING; thence continue along said westerly
property line of said Parcel A the following two
(2) courses and distances: 1) South 20@43'00" West
1 2 4 . 9 3 feet, and 2) South 24'20145" West 1 2 7 . 6 9
feet to the southwest corner of said Parcel A;
thence north 64'53'55" West 20.41 feet to a point
on the common boundary line of the City of Virginia
Beach and the City of Norfolk; thence along said
common boundary line of the City of Virginia Beach
and the City of Norfolk the following two (2) courses
and distances: 1) North 21@30,00" East 2 5 0 . 8 0
feet, and 2) South 69'21100" East 25.00 feet to
the Point Of Beginning. Containing 6,214 square
feet or 0.143 acre, more or less.
-2-
41 ,!l
Af f idavit
PLEASE TAKE NOTICE,
that at the mceting of thc CitY
Council of the City of Virginia
VIRGINIA BEACH SUN Beach, virginia, to be held on the
19th day of. October, 1987, at
138 Rosemont Road 2:00 p.m., at the City Hall of the
Virginia Beach, Va. 23452 City of Virginia Beach, Princess
Anne Station, the undersigned
will petition the Council for the
STATE OF VIRGINIA appointment of Viewers to view
CITY OF VI.RGINIA BEACH the below described portion of
to wit: the excess street right-of-way of
Newtown Road and report of the
City Council wbether in the op-
This day inion of the Viewers, what, if
any, inconvenience would result
personally al)peared before nic from the vacating, closing and
and after being duly sworn made discontinuance of same, the said
oat portion of the excess street right.
of-way of Nowtown Road
tS@h,) affidavit clerk of described as foflows:
@ newspaper published by Byerly All the certain lot, piece or
Publications, in the city of parcel, or tract of land, situate,
Virginia Beach, State of Virginia; lying and being in the City of
Virginia Beach, Virginia, and
(2) That the advertisement being more particularly described
hereto annexed of as follows:
Commence at the intersectioti
of the easterly right-of-way Une
has been published, in said news- at Newtown Road (variable
paper on the tollowilig dates: R/W) with the southerly right-of-
way line of Cleveland Street
I @6 19 17 (variable R/W), as said Tights-of-
ways now exist and as shown on
Subdivision of The Koger Cen-
ter, as recorded in Book 2608,
pages 679 and 680, in the Clerk's
19 Office of the Circuit Court,
Afiiant Virginia Beach, Virginia, Wd
@bsc,,,b@d a,,d . before point being the northwest corner
me in my city and stite aforesaid of Parcel A of said Subdivision
and being on the common boun-
dary line of the City of Virginia
Reach, Virginia, and the City of
My commission exliires Norfolk, Vir&Wa; thence along
the westerly property line of said
Parcel A and said common
boundary fine of the City of
Virgiwa Beach and the City of
Norfolk South 21130'00', West
74.59 feet to the POINT OF
BEGINNING; thence continue
along said westerly property line
1- 4'@ A@ two 1
(2@ cowaft am 1)
South 20143'00" West 124.93 i
feet, and 2) South 24'20'451- 1
West 127.69 feet to the southwest
corner of said Parcel A; thence I
north of 64153'55" West 20.41
feet to a point on the common i
boundary line of thc City of I
Virginia Beach and the City of
Norfolk; thence along said
common boundary fine of the
City of Virginia Beach and the
City of Norfolk the foflo.inr
'two (2) @ and dis@:
-74@ '2f'30'OD'@ '250.80
and 2) South 69121100,, @t
25.00 feet to the Point of Begin.
ning. ConWning 6,214 squate
feet or 0. 143 acre, more or lcss.
All the above, shown upon that
ccrtain Plat entitied "Plan of-
Portion Of Newtown Roa.d
Right-Of-Way To Be Acquired
By Koger Properties, Inc. From
Virginia Beach, Va., Norfolk,
Va., and Commonwealth of
Virginia,' 1 made by W.P. Large,
Inc. dated July 10, 1987.
At that time, anyone affected
may appear and present his
views.
Fi
L Lj
KOGER PROPERTIES, INC.
Closure of a portion of
Newtown Road - Bayside
Borou h
- 30 -
Item IV-H.6.
CONSENT AGENDA ITF14 # 28215
Upon motion by Councilwoman Parker, seconded by Vice Mayor Oberndorf, City
Council ADOPTED:
Ordinance appointing viewers in the petition of Dr.
& Mrs. V. J. Bruckner for the closure of a portion
of Ebb Tide Road (Lynnhaven Borough).
The Viewers are:
David Grochmal Director of General Services
C. Oral Lambert, Jr., Director of Public Works
Robert J. Scott Director of Planning
The City Clerk stated the City Engineer had advised in the last paragraph of
the petition from the attorney it states, "adjacent to the northern line of the
property". The City Engineer believes this should be the EASTERN LINE OF THE
PROPERTY.
The Viewers shall ascertain the correct direction.
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 Absent:
Albert W. Balko
- 30a -
ORDINANCE APPOINTING VIEWERS
WHEREAS, Dr. and Mrs. V. J. Bruckner have given due
and proper notice, in accordance with the statutes for such
cases made and provided that they will on the 19th day of
ctob r, 1987 apply to the City Council of the City of Virginia
Beach, Virginia, for the appointment of Viewers to view the
below described property and report in writing to the Council
whether, in the opinion of said Viewers, any, and if any, what
inconvenience would result from the discontinuance of the
hereinafter described portions of those certain streets of
variable width, and has filed such application with said
Council.
NOW, THEREFORE, be it ORDAINED by the Council of the
City of Virginia Beach, Virginia:
THAT, C. Oral Lambert, Jr.
-Robert J.,Scott
and David Grochmal are
hereby appointed to view the below described property and
report in writing to the Council on or
before - , 1987, whether in their opinion,
any, and if any, what inconvenience would result in the
discontinuing and vacating of portions of those certain streets
of variable width located in the City of Virginia Beach,
Virginia, and more particularly described as follows:
THAT CERTAIN portion of EBB TIDE ROAD
(formerly 2nd Street) beginning at a point
on the eastern right-of-way line of Ebb Tide
Road 50.16 feet north of its intersection
with the northern right-of-way line of Cape
Henry Drive (formerly Holly Avenue), thence
from said point of beginning, S 801 08' 00"
W, a distance of 15.05 feet to a point;
thence N 05' 21' 0011 W a distance of 159.98
feet to a point; thence N 84* 39' 00" E a
distance of 15.00 feet to a point on the
eastern right-of-way line of Ebb Tide Road,
GUY. CROMWELL, BETZ thence along said eastern right-of-way line
& LUSTIG, P.C. of Ebb Tide Road, S 051 21' 00" E a distance
.TT-.@II.TL.. of 158.80 feet to the Point of Beginning as
shown on that certain plat entitled, "STREET
CLOSURE PLAT 15' STRIP OF EBB TIDE ROAD
- 30b -
ADJACENT TO PARCEL "A' AS SHOWN ON
RESUBDIVISION OF LOTS 7, 9, and 11, BLOCK
"O" SHOWN AS HOLLEY "ENUE ON LYNNHAVEN
BEACH, DEED BOOK 2593 AT PAGE 2144 (PLAT)
Lynnhaven Borough, Virginia Beach,
Virginia," dated August 24, 1987 and
prepared by Gallup Surveyors Engineers,
Ltd.
All of the above as shown upon that certain plat
entitled, "STREET CLOSURE PLAT, 15' STRIP OF EBB TIDE ROAD
ADJACENT TO PARCEL "A" AS SHOWN ON RESUBDIVISION OF LOTS 7, 9,
and 11, BLOCK "O" SHOWN AS HOLLEY AVENUE ON LYNNHAVEN BEACH,
DEED BOOK 2593 AT PAGE 2144 (PLAT) Lynnhaven Borough, Virginia
Beach, Virginia," which plats attached hereto and made a part
hereof and intended to be recorded with the Ordinance closing
the aforedescribed street.
ADOPTED: October 19, 1987
GUY, CROMWELL, BETZ
& LUSTIG, P.C.
... IY. T L..
0309i
-2-
P E T I T I 0 N
TO: THE MAYOR AND THE MEMBERS OF THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA
Your Petitioners, DR. and MRS. V. J. BRUCKNER
respectfully represent as follows:
1. That pursuant to the provisions of Section
15.1-364 of the 1950 Code of Virginia, as amended, the
petitioners apply for the vacating, closing, and
discontinuance of a portion of that certain platted street,
which is more specifically described as follows:
THAT CERTAIN portion of EBB TIDE ROAD
(formerly 2nd Street) beginning at a point
on the eastern right-of-way line of Ebb Tide
Road 50.16 feet north of its intersection
with the northern right-of-way line of Cape
Henry Drive (formerly Holly Avenue), thence
from said point of beginning, S 80' 08' 00"
W, a distance of 15.05 feet to a point;
thence N 051 21' 001 W a distance of 159.98
feet to a point; thence N 841 39' 00" E a
distance of 15.00 feet to a point on the
eastern right-of-way line of Ebb Tide Road,
thence along said eastern right-of-way line
of Ebb Tide Road, S 051 21' 00' E a distance
of 158.80 feet to the Point of Beginning as
shown on that certain plat entitled, "STREET
CLOSURE PLAT 15' STRIP OF EBB TIDE ROAD
ADJACENT TO PARCEL "A' AS SHOWN ON
RESUBDIVISION OF LOTS 7, 9, and 11, BLOCK
"O" SHOWN AS HOLLEY AVENUE ON LYNNHAVEN
BEACH, DEED BOOK 2593 AT PAGE 2144 (PLAT)
Lynnhaven Borough, Virginia Beach,
Virginia," dated August 24, 1987 and
prepared by Gallup Surveyors & Engineers,
Ltd.
Said parcel of land being a portion of Ebb Tide Road, as
indicated on that certain plat entitled, 'STREET CLOSURE PLAT,
15' STRIP OF EBB TIDE ROAD ADJACENT TO PARCEL "A" AS SHOWN ON
RESUBDIVISION OF LOTS 7, 9, and 11, BLOCK 'O' SHOWN AS HOLLEY
AVENUE ON LYNNHAVEN BEACH, DEED BOOK 2593 AT PAGE 2144 (PLAT)
Lynnhaven Borough, Virginia Beach, Virginia,' which plat is
attached hereto and made a part hereof and intended to be
recorded with the ordinance closing the aforedescribed street.
2. That no inconvenience will result to any persons
GUY, CROMWELL, BETZ
& LUSTIG, P.C.
@l-.EYI T L.. by reason of said closing, vacation, and discontinuance of
said street; and the petitioner prays that this Honorable
Council appoint viewers as provided by law to view said
platted street proposed to be closed and to report in writing
to the Council on or before the - day of 1
1987, as to whether in the opinion of said Viewers, what
inconvenience, if any, would result from the discontinuance
and closing of this portion of said street, as herein reported
and described.
3. That on the - day of 1987,
Notice of the presenting of this Application was posted at the
Courthouse of the Circuit Court of the City of Virginia Beach,
Virginia, on the premises to be closed, and at the City Hall
Annex, 19th Street and Arctic Avenue, Virginia Beach,
Virginia, as evidenced by the Affidavit attached hereto, and a
copy of said Notice.
4. That the Petitioners are the owners in fee
simple of all land along and adjacent to the northern line of
said portion of the platted street to be closed.
Respectfully submitted,
DR. and MRS. V. J. BRUCKNER
By@
R. Edward Bourdon, Jr. Esquire
GUY, CROMWELL, BETZ & LUSTIG, P.C.
Pembroke Office Park
Pembroke One, The Fifth Floor
Virginia Beach, Virginia 23462-2989
(804) 499-8971
GUY, CROMWELL- BETZ
& LUSTIG, P.C.
.-@.@Y@ T L@@
0308i
-2-
LEGAL DESCRIP@N
THAT CERTAIN portion of EBB TIDE ROAD (formerly 2nd Street)
beginning at a point on the eastern right-of-way line of Ebb
Tide Road 50.16 feet north of its intersection with the
northern right-of-way line of Cape Henry Drive (formerly Holly
Avenue), thence from said point of beginning, S 80* 08' 00" W,
a distance of 15.05 feet to a point; thence N 05@ 21' 00" W a
distance of 159.98 feet to a point; thence N 84' 39' 00" E a
distance of 15.00 feet to a point on the eastern right-of-way
line of Ebb Tide Road, thence along said eastern right-of-way
line of Ebb Tide Road, S 051 21' 00" E a distance of 158.80
feet to the Point of Beginning as shown on that certain plat
entitled, "STREET CLOSURE PLAT 15' STRIP OF EBB TIDE ROAD
ADJACENT TO PARCEL "A" AS SHOWN ON RESUBDIVISION OF LOTS 7, 9,
and 11, BLOCK "O" SHOWN AS HOLLEY AVENUE ON LYNNHAVEN BEACH,
DEED BOOK 2593 AT PAGE 2144 (PLAT) Lynnhaven Borough, Virginia
Beach, Virginia," dated August 24, 1987 and prepared by Gallup
Surveyors & Engineers, Ltd.
GUY, CROMWELL. BETZ
& LUSTIG. P.C.
@Y@ @T L-
0311i
N 0 T I C E
PLEASE TAKE NOTICE, that at the meeting of the City
Council of the City of Virginia Beach, Virginia, to be held on
the ioth day of October 1 1987, at 2:00 p.m., at the
City Hall of the City of Virginia Beach, at Princess Anne, the
undersigned will petition the Council for the appointment of
Viewers to view the below-described portion of certain streets
and to report to the City Council whether in the opinion of
the Viewers, what, if any, inconvenience would result from the
vacating, closing and discontinuance of same, the said
portions of said streets being described as follows:
THAT CERTAIN portion of EBB TIDE ROAD
(formerly 2nd Street) beginning at a point
on the eastern right-of-way line of Ebb Tide
Road 50.16 feet north of its intersection
with the northern right-of-way line of Cape
Henry Drive (formerly Holly Avenue), thence
from said point of beginning, S 801 08' 00"
W, a distance of 15.05 feet to a point;
thence N 05' 21' 0011 W a distance of 159.98
feet to a point; thence N 841 39' 00" E a
distance of 15.00 feet to a point on the
eastern right-of-way line of Ebb Tide Road,
thence along said eastern right-of-way line
of Ebb Tide Road, S 051 21' 00" E a distance
of 158.80 feet to the Point of Beginning as
shown on that certain plat entitled, "STREET
CLOSURE PLAT 15' STRIP OF EBB TIDE ROAD
ADJACENT TO PARCEL "A' AS SHOWN ON
RESUBDIVISION OF LOTS 7, 9, and 11, BLOCK
'O" SHOWN AS HOLLEY AVENUE ON LYNNHAVEN
BEACH, DEED BOOK 2593 AT PAGE 2144 (PLAT)
Lynnhaven Borough, Virginia Beach,
Virginia," dated August 24, 1987 and
prepared by Gallup Surveyors Engineers,
Ltd.
At that time, anyone affected may appear and be heard.
After the report of the Viewers is received, at the
next regular meeting of the City Council, or as soon
thereafter as the matter may be placed on the agenda, the
GUY, CROMWELL, BETZ
& LUSTIG. P.C.
ATT..@@Y@ T L-
undersigned will Petition the City Council to vacate, close
and discontinue the portions of those streets in the City of
Virginia Beach, Virginia, described above.
DR. and MRS. V. J. BRUCKNER
By.
Of Counsel
R. Edward Bourdon, Jr., Esquire
GUY, CROMWELL, BETZ & LUSTIG, P.C.
Pembroke Office Park
Pembroke One, The Fifth Floor
Virginia Beach, Virginia 23462-2989
(804) 499-8971
GUY, CROMWELL, BETZ
& LUSTIG, P.C.
0005i
-2-
GUY, CiRomwELL, BETZ & LUSTIG, P. C.
R.@.@.. D, G.y @'@ON..Y. -@ C.U ... LOUS L-
W@@@@ L@.T@. M.@ C.D.
It .... T B. (: ....
B.-,J.. p....... O@,@@. P-
M. C.@@.L.1
S. C..... .......
M. H.-@'Y' Ill
R..@.. M. D.L Du.,@'j..
(!. K..T
R.@-. N.
September 14, 1987
1, R. Edward Bourdon, Jr., attorney for Dr. and Mrs.
V. J. bluckner do bereby certify that:
1. I am an attorney at law and represent Dr. and Mrs.
V. J. Bruckner.
2. That based upon my examination of title, it is my
opinic)i) Lhdt if Lhe portion of the street sought to be closed
is (ii6continuc-,d, closed and vacated by the Council of the City
of Vii.-ginia Beact), Virginia, then title to said strc),E@'t will
vest ir) tht2 own(-r of the fee in the streets which were Leserved
at tlie. t i. n)e said streets were dedicated and plats put to
record. Ttie record owner of the reserved fee interest is Edwin
B. Lindsay, Jr.
3. The portion of street to be closed, ref(-'rred to
herein, is described as follows:
I'HA'r CERTAIN portion of EBB TIDE ROAD
(fOLnlerly 2rid Street) beginning at a point
ori the eastern right-of-way line of Ebb Tide
Ro,id 50.16 feet north of its intersection
witti ttie northern right-of-way line of Cape
Henry Drive (formerly Holly Avenue), thence
from said point of beginning, S 80' 08' 00"
W, a distance of 15.05 feet to a point;
thence N 051 21' 00" W a distance of 159.98
feet to a point; thence N 841 391 0011 E a
distance of 15.00 feet to a point on the
eatitern right-of-way line of Ebb Tide Road,
Guy, CROMWELL, BF-TZ & LuSTI(;, P. C.
Page 2
September 14, 1987
thence along said eastern right-of-way line
of Ebb Tide Road, S 051 21' 00" E a distance
of 158.80 feet to the Point of Beginning as
stiown on that certain plat entitled, "STREET
CLOSURE PLAT 15' STRIP OF EBB TIDE ROAD
ADJACENT TO PARCEL "A" AS SHOWN ON
RESUBDIVISION OF LOTS 7, 9, and 11, BLOCK
"O" SHOWN AS HOLLEY AVENUE ON LYNNHAVEN
BEACH, DEED BOOK 2593 AT PAGE 2144 (PLAT)
Lynnhaven Borough, Virginia Beach,
Virginia," dated August 24, 1987 and
prepared by Gallup Surveyors & Engineers,
Ltd.
GUY, CROMWELL, BETZ & LUSTIG, P.C.
By@:1.
R. Edward Bourdon, Jr.
0312i
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CL
affidavit NOTICE
PLEASE TAKE NOTICE
that at the meeting of the City
Council of the City of Virginia
Beach, Virginia, to be held on the
VIRGINIA BEACH SUN 19th day of October, 1987, at
138 Rosemont Road 2:00 p.m., at the City Hall of the
Virginia Beach, Va. 23452 City of Virginia Beach, at Prin-
cess Anne, the undersigned will
petition the Council for the ap-
STATE OF VIRGINIA Pointment of Viewers to view the
CITY OF VIRGINIA BEACH below-described portion of cer-
to wit: tain streets and to report to the
City Council whether in the
opinion of the Viewers, what, if
This day any, inconvenience would result
ftom the vacating, closing and
personally appeared before me discontinuance of same, the said
and after being duly s-,irrn made portions of said streets being
described as follows:
oath that: THAT CERTAIN portion of
(1) (he@@ s affidavit clerk of EBB TIDE ROAD (formerly
A newspaper published by Byerly 2nd Street) beginning at a point
Publications, in tile city of on the eastern right-of-way line
of Ebb Tide Road 50.16 feet nor-
Virginia Beach, State of Virginia; th of its intersection with the nor-
(2) That @ the advertisement thern right-of-way line of Cape
hereto annexed of Henry Drive (formerly Holly
Avenue), thence from said point
of beginning, S 80- 08' 00" W, a
has been published, in said news- distance of 15.05 feet to a point;
paper on the following dates: thence N. 05121'00" W a distan-
@:z /@.p7 ce of 159.98 feet to a point; then-
-19d"7 ce N 841 39' 00" E a distance of
15.00 feet to a point on the
eastern right-of-way line of Ebb
Tide Road, thence along @d
eastern right-of-way line of Ebb
19 - Tide Road, S 05, 21' 00" E a
Affiant distance of 158.80 feet to the
Subscribed and sworh to before Point of Beginning as shown on
me in my city and state aforesaid that certain plat entitied, "Street
this Closure Plat 15' Strip of Ebb
- day of Tide Road adjacent to Parcel
19@ "A" as shown on Resubdivision
My commission expires of Lots 7, 9 and I 1, Block I 10"
shown as Holley Avenue on
9 Lynahaven Beach, Deed book
2593 at Page 2144 (Plat) Lyn-
;ihaven Borough, Virginia Beach,
Virginia," dated August 24, 1987
and prepared by Gallup Sur-
veyors & Engineers, Ltd.
At that time, anyone affected
may appear and be beard.' '* - @ @ -- - - -
After the report of the Viewers
is received, at the next regular
meeting of the City Council, or as
soon thereafter as the matter may
be placed on the agenda, the un-
dersigned will Petition the City
Council to vacate, close and
discontinue the portions of those
streets in the City of Virginia
Beach, Virginia, described above.
Dr. and Mrs. V. J. Bruckner
R. Edward Bourdon, Jr., Esquire
Guy, Cromwell, Betz & Lustig,
P.C.
Pembroke Office Park
Pembroke One, The Fifth Floor
Virginia Beach, Virginia 23462-
2989
(804)499-8971
3 -179 2t 9-30 VB
C,4
CP,
DR. & MRS. V. J. BRUCKNER
Closure of portion of Ebb Tide Road
Lynnhaven Borough
- 31 -
Item IV-H.7.
CONSENT AGENDA TTEM # 28216
Upon motion by Councilwoman Parker, seconded by Vice Mayor Oberndorf, City
Council APPROVED:
Low bid to Waterfront Marine Construction, Inc., in
the amount of $963,126 for repairs to Lynnhaven
Municipal Marina.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Robert E. Fentress, Harold Heischober,
Barbara M. Eenley, 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:
Albert W. Balko
- 32 -
Item IV-H.7.a.
CONSENT AGENDA TTFM # 28217
ADD-ON
Upon motion by Councilwoman Parker, seconded by Vice Mayor Oberndorf, City
Council APPROVED:
Low bid to Suburban Grading & Utilities, Inc., in
the amount of $758,881 for new and improved water
service and fire protection to 900 residents of
Southern Points.
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 Absent:
Albert W. Balko
- 33 -
Item IV-H.S.
CONSENT AGENDA ITEM # 28218
Upon motion by Councilwoman Parker, seconded by Vice Mayor Oberndorf, City
Council ADOPTED:
Ordiance authorizing Tax Refunds in the amount of
$10,385-52 upon application of certain persons and
upon certification of the City Teasurer for
payment.
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 Absent:
Albert W. Balko
33a
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:
T@iat tlie followiiig applications tor tax r(,funds upon catification of th Treasurer are hereby approved:
NAME Tax Tyl)e Tick@t Exotiera- D ate Per,alty I ii E. Total
Year of Tax Nuniber tion No. Paid
Suburban Fundiiig Corp 86 pp 156567-1 62809 6/4/86 8,573.28
t,lai-csiiieti Coiistruction 87 pp 108732-1 62780 5/26/87 288.61
Roger J & Dolores Caviri 87 RE(]/2) 17778-0 6/30/87 10.00
Geu@,ge J & Patricia Parker 87 RE(]/2) 80765-3 12/5/86 24.81
Geor@ge J & Pati,icia Parker 87 RE(2/2) 80765-3 6/5/87 124.07
[hoiiias C Broyles 86 RE(2/2) 78603-4 5/21/86 44.00
Bay Associates 87 RE(1/2) 83558-8 12/5/86 46.00
Bay Associa@-@, 87 RE(2/2) 83558-8 6/5/87 46.00
Bay Associates 87 RE(]/2) 83560-4 12/5/86 46.00
Bay Associates 87 RE(2/2) 83560-4 6/5/87 46.00
Leonard H & Ruth Pert 87 RE(2/2) 46308-8 8/26/87 42.97
Coniiie Lane Properties 87 RE(2/2) 85074-8 6/5/87 897.20
Thonias C Broyles 86 RE(2/2) 78601-6 5/21/86 44.00
Ocie D Jr & Susan Parker 87 RE(]/2) 80864-3 12/5/86 19.54
Ocie D Jr & Susarl Parker 87 RE(2/2) 80864-3 6/5/87 72.00
Ocie D Jr & Susan Parker 87 RE(112) 80865-2 12/5/86 6.52
Ocie D Jr & Susan Parker 87 RE(2/2) 80865-2 6/4/87 24.00
Ocie D Jr & Susan Parker 87 RE(1/2) 80866-1 12/5/86 6.52
Ocie D Jr & Susan Parker 87 RE(2/2) 80866-1 6/4/87 24.00
Total 10,385.52
This ordiiiaiice shall be effectivo froni datc, of adoption.
1-h@ abuve abat(,me(it(s) totaling @erti'f\led as to pay@ent;
@10,385.52 , approv d by
,,. -- - - wei (, e
ttic,, Council of the City of Virgini*a
Beach on tlie -1 %ay of -October,
1987 J@n T. Atkins6n, fl7a@,@l:
------ Appr
Ruth Hodges Stiijth
City Clerk
riley
- 34 -
Item IV-I.1/2
APPOINTMENTS TTEM # 28219
BY CONSENSUS, City Council RESCHEDULED the following APPOINTMENTS
PERSONNEL BOARD
TRANSPORTATION SAFETY COMMISSION
- 35 -
Item IV-J.1.
UNFINISHED BUSINESS ITEM # 28220
william A. Schlimgen, Chairman, presented the report of the 1986 BOND
REFERENDUM COMMITTEE. (Said report is hereby made a part of the record).
Chairman Schlimgen reiterated the expenditures for projects approved in the
1986 BOND REFERENDUM.
$40,000,000 for seven (7) highway projects and $32,310,000 for six (6) school
projects were approved by the voters. In the spring of this year, City Council
issued bonds totaling $46,ooo,ooo to begin the school and highway referendum
projects as well as fund projects from its charter authority.
The report includes costs and obligations which have been paid or incurred
thorugh September 30, 1987, on the Referendum Projects. Of the $40,000,000 for
highway projects, $2,762,388 has been obligated or expended and, for schools,
$668,977 of the $32,310,00 has been expended for the reporting period. Details
by project are included in said report. Activity has occurred on all the
highway projects but, at this stage, expenditures and obligations have been
limited mainly to right-of-way and design costs. For the 1986 Referendum for
Schools, the major costs were land acquisition for Ocean Lakes Elementary
School and design for Red Mill Elementary.
Said report shall be given wide dissemination by publishing the details in the
Virginia Beach BEACON on on Sunday, October 25, 1987.
William Schlimgen referenced Page 4 of said report and advised FERRELL PARKWAY,
PHASE 1C was originally in the REFERENDUM for $5.3-MILLION. This estimate has
been revised to $4,429,720 and the difference between that and what was in the
REFERENDUM has been reallocated to two other projects, Independence Boulevard
Phase IIA and Northampton Boulevard Phase II.
Regarding the OCEAN LAKES ELEMENTARY SCHOOL, the Referendum was based upon a
dedicated site for that school with a $6,170,000 total Cost. The staff believes
even with the acquisition of the site, this cost is still high.
All reported expenditures appear to be appropriate for the projects approved in
the 1986 REFERENDUM.
Councilman Moss requested the Staff inquire if the original cost to build OCEAN
LAKES ELEMENTARY SCHOOL without a site was approximately $6.2-MILLION, but now
they can acquire the site and build the school both in this time frame, how
did $500,000 in requirement disappear.
The City Manager willl investigate and reply.
- 36 -
Item IV-J.2.
UNFINISHF,D BUSINESS ITEM # 28221
Sheldon L. Corner, 325 Susan Constant Drive, Phone: 428-1731, Treasurer of the
24th Street Ocean Front Park Committee, requested City Council allocate $1.8
MILLION towards the purchase price of the Ocean Front Lot at 24th Street,
provided the balance of the funds required are provided by the Committee
($600,0000) and same occur by December 31, 1987. The Committee has
approximately $200,000 in funds to raise; however a source of $150,000 has
been identified as a most probable contributer. Thus, only $50,000 would
remain to be incurred.
John C. Rogers, 2321 Atlantic Avenue, Phone: 422-3183, represented Beach
Investment Associates, Inc., and advised this first commenced in February 6,
1986. John C. Rogers advised this proposal must conclude either one way or
another. The $2.4-MILLION will really be a cash transaction of $2,250,000, a
contribution of $150,000 is c.Dming from the office of -ioin C. Rogers. No
profit will be incurred from this sale, only expenses will be recouped.
Upon motion by Councilman Heischober, seconded by Councilman Fentress, City
Council ADOPTED:
Ordinance authorizing and directing the City
Manager to execute the agreement of sale and
purchase between Beach Investment Associates, Inc.
and the City of Virginia Beach (Maritime Museum
Open Space).
Councilman Heischober advised tmaritime Museum Open Space will be translated to
mean protection of the Museum, but the fee and the property ownership will be
the City's. The City will ultimately direct the destiny of this open space.
Mayor Jones advised in the event the City does Durchase the property, it is to
be the discretion of the City as to how the property shall be used.
Voting: 6-4
Council Members Voting Aye:
John A. Baum, Robert E. Fentress, Harold Heischober,
Mayor Robert G. Jones, Vice Mayor Meyera E.
Oberndorf, and John @'. Perry
Council Members Voting Nay:
Barbara M. Henley, Reba S. McClanan, John D. Moss
and Nancy K. Parker
Council Members Absent:
Albert W. Balko
- 36,-
Requested by Councilmembers Harold Heischober and Robert Fentress
AN ORDINANCE AUTHORIZING AND DIRECTING
THE CITY MANAGER TO EXECUTE THE AGREEMENT
OF SALE AND PURCHASE BETWEEN BEACH
INVESTMENT ASSOCIATES, INC. AND THE
CITY OF VIRGINIA BEACH
WHEREAS, this City Council has reviewed the Agreement
of Sale and Purchase between Beach Investment Associates, Inc.
and the City of Virginia Beach; and
WHEREAS, the City Council is of the opinion that the
Agreement is in the best interest of the City of Virginia Beach;
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE
CITY OF VIRGINIA BEACH, VIRGINIA:
That the Agreement of Sale and Purchase is hereby
approved.
BE IT FURTHER ORDAINED that the City Manager is
authorized to execute the attached Agreement (Exhibit A).
Adopted by the Council of the City of Virginia Beach,
Virginia, this 19 day of October 1987.
JDB/cb
10/14/87
Beach.ord
EXHIBIT A
Agreement of Sale and Purchase
This Agreement, dated this _ day of
1987, between Beach Investment Associates, Inc., (the Seller)
and the City of Virginia Beach, Virginia, a municipal
icorporation of the Commonwealth of Virginia (the Purchaser).
WHEREAS, the Seller is the owner of fee simple title
l@to a certain parcel of real estate (the Property) located in
the City of Virginia Beach, Virginia, and commonly referred to
las the Maritime Museum Open Space, and which Seller has agreed
to sell for Two Million Four Hundred Thousand Dollars
($2,400,000.00), and
WHEREAS, the Maritime Museum needs and desires an
@area for open space adjacent to its location at the oceanfront,
and
WHEREAS, the City Council of the City of Virginia
Beach recognizes the need for open space at the oceanfront and
@seeks to accommodate the Maritime Museum, and
WHEREAS, the Council of the City of Virginia Beach,
l@virginia has agreed that the City should enter into an
I
agreement with the Seller for the acquisition of the property
conunonly referred to as the Maritime Museum Open Space to the
lextent of paying no more than One Million Eight Hundred
!Thousand Dollars ($1,800,000.00) toward the purchase price,
iand the balance or the purchase price, Six Hundred Thousand
($600,000.00) to be paid by the group known as the 24th Street
1
Park committee (Committee), and further providing that the
ipayment by the City toward the purchase price shall be paid no
ilater than July 1, 1988.
NOW, THEREFORE, in consideration of Ten Dollars
($10.00), the covenants contained herein and other good and
!valuable consideration, the receipt and sufficiency of which is
hereby acknowledged, the Seller hereby agrees to sell the
iProperty to the Purchaser, and the Purchaser hereby agrees to
i
'purchase the Property from the Seller on the following terms
and conditions.
The Property and improvements subject to this
lAgreement are described as follows:
All that certain lot, tract or
parcel of land together with
improvements thereon belonging,
lying, situated and being in the
City of Virginia Beach, Virginia
and designated and described as:
"PROPERTY CONVEYED TO THE CITY
OF VIRGINIA BEACH AREA = 26,005
SQ. FT. = 0.597 ACRES," as shown
on that certain plat entitled:
"PLAT SHOWING PROPERTY CONVEYED
TO THE CITY OF VIRGINIA BEACH
FROM BEACH INVESTMENT ASSOCIATES
INC. VIRGINIA BEACH BOROUGH-
VIRGINIA BEACH, VIRGINIA BUREAU
OF SURVEYS AND MAPPING
ENGINEERING DIVISION DEPARTMENT
OF PUBLIC WORKS CITY OF VIRGINIA
BEACH, VIRGINIA DATE: JULY 9,
1987 SCALE: 1"=301.11 Said plat
is recorded in Deed Book
at page , in the Clerk's
Office of the Circuit Court of
the City of Virginia Beach,
Virginia.
2
Clause No. I
The total consideration for the conveyance provided
!for herein is Two Million Four Hundred Thousand Dollars
($2,400,000.00). It being fully understood and agreed as
ifollows:
(a) The City's contribution toward the total
liconsideration shall. be Two Million Four Hundred Thousand
Dollars ($2,400,000) less the amount raised by the Committee,
lbut no more than One Million Eight Hundred Thousand Dollars
!($1,800,000.00) payment of which is conditioned upon receipt by
;tne city of Virginia Beach of at least Six Hundred Thousand
@Dollars ($600,000.00) or such lesser amount, at the option of
the Seller is deemed acceptable, to add to the City's
contribution from the Committee no later than December 31,
1987.
(b) In the event the Six Hundred Thousand Dollars
1($600,000.00), or such lesser amount at the option of the
Iseller is deemed acceptable, is not received by the City
Manager of the City of Virginia Beach by close of normal
business hours on December 31, 1987, this Agreement shall be
null and void and of no effect with no cost or obligation to
@either party or their officer, agent or employees.
(c) The purchase price of Two Million Four Hundred
IThousand Dollars ($2,400,000.00) shall be paid by the
I
IPurchaser as follows: Six Hundred Thousand Dollars or such
I
Ilesser amount at the option of the Seller is deemed acceptable
3
lias is raised, cash, representing the amount to be received from
the 24th Street Oceanfront Park Committee, at closing; the
balance of up to One Million Eight Hundred Thousand Dollars
($1,800,000.00), cash to be paid at closing in total
satisfaction of the Purchaser's contribution.
Clause No. 2
Seller agrees to quitclaim its interest in and to the
underlying fee simple interest in Ocean Avenue to the City of
IVirginia Beach.
l@Clause No. 3
Marketable fee simple title to the property shall be
linsurable as such by a Title Company selected by the Purchaser
and authorized to conduct a title insurance business in the
State of Virginia. The Title Company shall have delivered to
the Purchaser the Title Commitment in the name of the
Purchaser, conditioned only upon the recordation of the Deed
from the Seller and subject only to reasonable Permitted Title
Exceptions. The Purchaser shall, within twenty (20) days after
receiving the Title Cormnitment, notify the Seller in writing of
@any title defects, exceptions or matter that the Purchaser is
not reasonably willing to accept. The Seller shall have
fifteen (15) days after it receives such notice within which to
,@remove or otherwise resolve to the Purchaser's reasonable
satisfaction such title defects, exceptions or other matters.
4
If the Seller is unable to or elects not to attempt to remove
lior otherwise resolve to the Purchaser's reasonable satisfaction
i!such title defects, exceptions or other matters, the Purchaser
'shall have the right to terminate this agreement pursuant to
i
!Clause No. 10.
At closing the Title Company shall have issued its
owners policy pursuant to the Title Commitment or endorsed the
![Title Commitment to indicate that all conditions precedent to
ilissuing such policy have been fulfilled and indicating the
l@effective date is advanced to the date and time of recording of
the Deed. The Title Conunitment shall also include such
affirmative provisions as the Purchaser may reasonably require
and shall otherwise be reasonably satisfactory to the
Purchaser.
Clause No. 4
Not less than thirty (30) days prior to the date of
@iclosing, the Purchaser shall have obtained a current survey of
the Property delineating the boundary line thereof, the
location of any improvements, all rights-of-way and easements
thereon and contiguous public roads and otherwise acceptable to
the Purchaser. such survey shall be prepared for the benefit
of, and shall be certified to the Purchaser and the Title
@Company. The Seller agrees to utilize such survey for the
l@
,Idescription of the Property in the Deed conveying the Property.
5
Clause No. 5
The Purchaser and its representatives, agents,
surveyors, engineers, contractors and subcontractors shall have
full riqht of access to the Property and to all surveys that
ilthe Seller may hold or control with respect to the Property
during normal business hours, after reasonable notice to the
@iseller, for the purpose of inspecting the Property, making
boundary, topographical and drainage surveys and
l@!test, conducting soil test, planning improvements and making
such other tests and investigations of the Property as the
@IPurchaser may deem necessary.
liClause No. 6
Closing shall occur upon satisfaction of the
liconditions set forth in this Agreement on such date as is set
@l
iforth in the written notice of the Purchaser delivered to the
Seller no less than five (5) business days prior to the date
specified in such notice unless such date is extended by
ilmutual written agreement of the Purchaser and the Seller.
IClosing shall be at the office of the City Attorney, Municipal
,@Center, Virginia Beach, Virginia 23456, or at such other place
i!as the Purchaser and Seller may mutually agree. Possession of
'@the Property shall be delivered to the Purchaser at closing,
lisubject only to Permitted Title Exceptions.
6
At closing the Seller shall deliver the title to the
property free and clear from all liens, all his rights and
interest to the Purchaser by deed of general warranty, properly
ilexecuted, and acknowledged, with usual covenants of title free
;i
@from all encumbrances.
Clause No. 7
The Seller shall pay all costs incurred by the
i Purchaser for the following: title search of the Property,
lititle binder fee, owner's title insurance premium, surveys,
,and preparation of the plats. Each party hereto shall pay
.'their own attorneys fees.
I
ilClause No. 8
Real estate and all other taxes applicable to the
1,Property shall be prorated on the basis of a three hundred
sixty five (365) day year at closing. If closing is extended
@iby inutual agreement all adjustments shall be made as of the
ilextended date.
Clause No. 9
The risk of any loss or damage to the Property prior
to the recordation of the Deed shall remain upon the Seller.
l@If any such loss or damage occurs prior to closing, the
i'Purchaser shall have the right to terminate this Agreement
pursuant to Clause No. 11.
7
Clause No. 10
The Purchaser does not assume any obligation of the
Seller or any liability for claims arising out of any
occurrence prior to closing.
Clause No. 11
If any condition set forth herein cannot or will not
be satisfied prior to closing, or upon the occurrence of any
other event that would entitle the Purchaser to terminate this
Agreement and its obligations hereunder, the Purchaser, at its
option, may elect either (a) to terminate this Agreement, in
which event all rights and obligations of the Seller and the
Purchaser hereunder shall terminate immediately,
waive its right to terminate and, instead to
closing. Notwithstanding any termination hereof,
shall nevertheless remain liable to the Purchaser
Purchaser incurs related to title search, surveys,
and preparation of plats.
or (b) to
proceed to
the Seller
for costs
engineers,
Clause No. 12
Ail notices, requests, demands and other
communications hereunder shall be in writing and shall be
delivered by hand or sent by the United States mail, certified,
!postage prepaid, return receipt requested, at the addresses as
designated below. Any notice, request, demand or other
8
licommunication delivered
iibe deemed given or made
or sent in the manner aforesaid shall
(as the case maybe) when actually
delivered to the intended recipient.
For the Seller:
For the Purchaser:
John c. Rogers, President
Beach Investment Associates~ Inc
Suite 400, 3330 Pacific Avenue
Virginia Beach, Virginia 23451
Thomas H. Muehlenbeck
City Manager
Municipal Center
Virginia Beach, Virginia 23451
Clause No. 13
The Seller and the Purchaser each covenant and agree
ito sign, execute and deliver, or cause to be signed, executed
iand delivered, and to do or make, or cause to be done or made,
lupon the written request of the other party, any and all
iagreements, instruments, papers, deeds, acts or things,
supplemental or confirmatory or otherwise, as may be reasonably
required by either party hereto for the purpose of or in
connection with consummating the transactions described herein.
Clause No. 14
Any party hereto may assign its rights hereunder to
another; however, no assigrunent shall lessen or excuse an
assigning party from being primarily liable for the obligations
imposed upon it hereunder. This contract shall, therefore, be
binding upon and shall inure to the benefit of the parties
hereto and their successors and assigns.
Seller: Beach Investment Associates, Inc.
John C. Rogers, President
Purchaser: The City of Virginia Beach, Virginia
By
City Manager
Attest:
City Clerk
10
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
I, a Notary
l@Public in and for the City and State aforesaid, do hereby
certify that THOMAS H. MUEHLENBECK, City Manager for the CITY
IOF VIRGINIA BEACH, whose name is signed to the foregoing
@Agreement bearing date on the day of 19
has acknowledged the same before me in my city and state
aforesaid.
GIVEN under my hand this day of
19
Notary Public
My Commission Expires:
ISTATE OF VIRGINIA
!CITY OF VIRGINIA BEACH, to-wit:
1, a Notary
IPublic in and for the City and State aforesaid, do hereby
I certify that RUTH HODGES SMITH, City Clerk for the CITY OE,
!VIRGINIA BEACH, whose name is signed to the foregoing Agreement
bearing date on the day of 19 has
acknowledged the same before me in my city and State aforesaid.
11
GIVEN under my hand this day of
119
Notary Public
@lMy commission Expires:
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
I, a Notary
I!Public in and for the City and State aforesaid, do hereby
ilcertify that whose name is signed to
l@the foregoing writing, bearing date the day of
19_, has acknowledged the same
before me in my City and State aforesaid.
Given under my hand this day of
19-.
Notary Public
@My commission EIxpires:
JAR/ih
06/17/87
06/25/87
07/07/87
09/18/87
09/11/87
10/15/87
10/16/87
10/20/87
agree\rogers3.agree
12
- 37 -
Item IV-J-3
UNFINISHED BUSINESS ITEM # 28222
During the Informal Session, the City Council received a let,-.er from Nancy A.
Creech, Chairman of the TWENTY-FIFTH ANNIVERSARY CELEBRATION COMMITTEE. (Said
letter is hereby made a part of the record.) Chairman Creech recommended the
Gala Dinner planned for January 9, 1988, be DELETED in its entirety and the
Celebration be concentrated on the public portions of the plan, i.e. NEPTUNE
FESTIVAL/OCEAN OCCASIONS 1988 and selected commemorative items. These portions
of the CELEBRATION PLAN can most effectively and efficently be administered
through and under the control of the NEPTUNE FESTIVAL OFFICE and not require
the continued service of the TWENTY-FIFTH ANNIVERSARY COMMITTEE.
The Mayor advised as City Council ADOPTED the Ordinance to transfer an
additional $125,000 from Reserve for Contingencies to fund the City's Twenty-
fifth Anniversary Celebration by only a 6-5 vote, and in conversations with
Chairman Creech, it was believed that unanimous suppport was necessary for this
Celebration and not division of opinion.
Councilwoman McClanan advised she was in favor of a TWENTY-FIFTH ANNIVERSARY
CELEBRATION.
Councilman Moss believed exact fiscal guidelines should be established to
advise said COMMITTEE.
Councilman Baum referenced there was a lack of enthusiasm.
Vice Mayor Oberndorf recommended a liaison from the City Council be APPOINTED
to the TWENTY-FIFTH ANNIVERSARY CELEBRATION COMMITTEEE. This liaison could
communicate specifically the desires and goals of the City Council to the
Members.
Mayor Jones APPOINTED Councilman Baum and Councilwoman McClanan as Liaison to
the TWENTY-FIFTH ANNIVERSARY CELEBRATION COMMITTEEE.
Councilwoman Henley advised she had concern relative the cost of $25,000
itemized for administration and would be interested in a whole new proposal.
Upon motion by Councilman Baum, seconded by Councilman Perry, City Council
shall SCHEDULE RECONSIDERATION when the TWENTY-FIFTH ANNIVERSARY CELEBRATION
COMMITTEE submits new recommendations:
Ordinance to TRANSFER an additional $125,000 from
Reserve for Contingencies to fund the City's
Twenty-Fifth Anniversary Celebration.
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 Absent:
Albert W. Balko
- 38 -
Item IV-K.1
NEW BUSINFSS ITEM # 28223
The INTERTM FINANCIAL STATEMENTS for the Period of July 1, 1986, through June
30, 1987, were distributed to City Council. (Said Statement is hereby made a
part of the record.)
- 39 -
Item IV-K.2
NEW BUSINESS ITEM # 28224
ADD-ON
Councilwoman Parker referenced an article in the newspaper relative an
allegation toward a particular City Official by one of the City Council
Members. A request had been made for his termination.
Councilwoman Parker advised the article suggested Vice Mayor Oberndorf,
Councilman Moss and herself had not allowed this City Council Member to voice
his allegations. Councilwoman Parker advised even though there are differences
of opinions, she believed all were courteous to one another allowing each to
have their own viewpoints.
- 41 -
Item IV-M.1
ADJOURNMENT ITEM # 28226
Upon motion by Councilwoman Fentress, and BY ACCLAMATION, City Council
ADJOURNED the Meeting at 6:55 P.M-
(-,2
Beverl@. Hooks
Chief Deputy City Clerk Vice llayor
h Hodges-Smith, CMC
City Clerk
City of Virginia Beach
Virginia
- 40 -
Item IV-L.1
RECESS INTO
EXECUTIVE SESSON ITEM # 28225
In accordance with Section 2.1-34Z,, Code of Virginia as amended, and upon
motion by Councilman Baum, seconded by Cuncilman Fentress, City Council
RECESSED into MCUTIVE SESSION for discussion of Personnel Matters, Publicly
Held Property, Public Funds Investment and Legal Matters, after which to
adjourn (4:55 P.M.)
1. PERSONNEL MATTERS: Discussion or consideration of employment, assignment,
appointment, promotion, performance, demotion, salaries, disciplining or
resignation of public officers, appointees or employees.
2. PUBLICLY HELD PROPERTY: Discussion or consideration of the condition,
acquisition or use of real property for public purpose, or of the
disposition of publicly held property, or of plans for the future of an
institution which could affect the value of property owned or desirable
for ownership by such institution.
3. PUBLIC FUNDS INVESTMENT: The investing of public funds where competition
or bargaining is involved, where if made public initially the financial
interest of the governmental unit would be adversely affected.
4. LEGAL 14ATTERS: Consultation with legal counsel or briefings by staff
members, consultants or attorneys, pertaining to actual or potential
litigation, or other legal matters within the jurisdiction of the public
body.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Robert E. Fentress, Harold Heischober,
Barbara M. Henley, Mayor Robert G. Jones, Reba S.
McClanan, John D. Moss, Vice l@ayor Meyera E.
Oberndorf, Nancy K. Parker and John L. Perry
Council Members Voting Nay:
None
Council Members Absent:
Albert W. Balko
*VERBAL VOTE
- 41 -
Ttem TV-M.1
ADJOURNMENT ITEM # 28226
Upon motion by Councilwoman Fentress, and BY ACCLAMATION, City Council
ADJOURNED the Meeting at 6:55 P.M-
Beverl@. Hooks Me@eradE. Oberndorf
Chief Deputy City Clerk Vice l@layor
R@h Hodges-Smith, GMC
City Clerk
City of Virginia Beach
Virginia