HomeMy WebLinkAboutJANUARY 21, 1986 MINUTES
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"WORLD'S LARGEST RESORT CITY"
CNY COLWCJL
MA YOR HAROLD HMCHOMA At L-g.
VICE-MAYOR REBA S. M@CLANAN, P-.. A- @A
JOHN A. BA UM, Bikw@ B-gh
NANCY A. CJWXCH, Al @.
ROBERT E PE@, V"- B..k B-gh
BARBARA M @, NW. B-Vh
H. JACK JEN7,rDVGS. JR.. L@ @k
LOUIS R. JOATS, B.V6& B-gh
ROBFRT G. RONES, Al L.@.
J RENRY M@COY, JR., K-@ @h
MEYERA E OBERNDORP. At L-g- igi CTRYHAU BUJLDRVG
RUTH HODGES Sur7w. CMC. Cltv Cl-k MUNICD'AL CENTER
CITY COUNCIL AGENDA VIRGINIA BEACH, VIRRINIA 2W6.wn
18041427-4M3
January 21, 1986
Virginia Beach City Council
ITEM I. MEETING OF VIRGINIA BEACH CITY COUNCIL - Conference Room - 12:30 PM
A. CALL TO ORDER - Mayor Harold Heischober
B. ROLL CALL OF COUNCIL
C. MOTION TO RECESS INTO EXECUTIVE SESSION
ITEM 11. REGULAR SESSION OF VIRGINIA BEACH CITY COUNCIL - Council Chambers - 2 PM
A. INVOCATION: Reverend Isaiah Samson, Jr.
Iglesia Ni Christo Church of Christ
B. PLEDGE OF ALLEGIMCE TO THE FLAG OF THE UNITED STATES OF
AMERICA
C. ELECTRONIC ROLL CALL OF CITY COUNCIL
D. CITY MANAGER'S ADMINISTRATIVE ITEMS
1. Review of Consent Agenda
E. MAYOR/COUNCIL - DISCUSSION OF PERTINENT MATTERS
F. PRESENTATION
Lynnhaven FLiver Water Quality Task Force
Report - Mr. Darrell Hughes, Chairman
G. MINUTES
1. Motion to accept/approve the 14inutes of January 13, 1986
H. PLANNING
1. Application of Harry S. and Jean W. Rogers for a variance
to Section 4.4(b) of the Subdivision Ordinance, which
requires that lot dimensions conform to the Comprehensive
Zoning Ordinance on property located at 5613 Normandy
Avenue (Kempsville Borough).
Recommendation: DENIAL
Deferred by City Council on 11/18/85, 12/09/85 a-ld 1/06/86.
I. RESOLUTIONS
1. Virginia Beach Development Authority Refunding Industrial
Development Revenue Bond:
George S. Hazzis $640000.00
2. Mobile Homes in the Agricultural Area
J. ORDINANCES
1. Ordinance requiring disclosure of information and other
measures to define and identify situations which give rise
to CONFLICT OF INTERESTS, or apparent conflict of interest,
and unethical conduct on the part of public officials of
the City of Virginia Beach, Virginia
2. Ordinance to amend and reordain Section 33-6 of the Code of
the City of Virginia Beach, Virginia, pertaining to sales
conducted on or adjacent to the public right-of-way
3. Ordinance to ADD Section 6-30 to the Code of the City of
Virginia Beach, Virginia, pertaining to f ishing from the
beach
4. Ordinance to amend and reordain Section 6-4 of the Code of
the City of Virginia Beach, Virginia, pertainlng to
sleeping on the beach
5. Ordinance to amend and reordain Section 6-6 of the Code of
the City of Virginia Beach, Virginia, pertaining to
prohibited items on beaches and adjacent areas
6. Ordinance to amend and reordain Section 7-57 of the Code of
the City of Virginia Beach, Virginia, pertaining to riding
on the sidewalk
7. Ordinance to amend and reordain Sections 31-1, 31-14, 31-
26, 31-27 and 31-28 of the Code of the City of Virginia
Beach, Virginia, pertaining to solid waste
K. CONSENT AGENDA
All matters listed under the Consent Agenda are considered in
the ordinary course of business by City Council and will be
enacted by one motion in the form listed. If an item is
removed from the Consent Agenda, it will be discussed and voted
upon separately.
1. Resolution to authorize MOBILE VENDING activities and
regulations; institute administrative procedures; and,
develop a franchise at the Oceanfront
2. Resolution authorizing the enlargement of the nonconforming
use and structure located at 5625 Virginia Beach Boulevard
(property of John Miller and Katherine Ililler, husband and
wife)
3. Ordinance authorizing the City of Virginia Beach to enter
into an agreement with the Virginia Beach School Board for
the establishment of a Joint Cable Center and the creation
of a Joint Cable Center Board to oversee operations of the
Center
4. Ordinance to authorize acquisition of property in fee
simple for right-of-way for Elbow Road extended (Elmer
Tolle Subdivision) and the acquisition of temporary and
permanent easements of right-of-way either by agreement or
by condemnation
5. FINAL APPROVAL: Ordinance closing, vacating and
disco,itinuing portion of Silverleaf Drive in the petition
of the City of Virginia Beach (Kempsville Borough)
6. FY 1986-1987 OPERATING BUDGET SCHFDULE
April 1 Special Session of City Council for
presentation
April 1-16 City Council's review
April 17 Budget Workshop - Conference Room
4:00 - 7:00 PM
April 24 Budget Workshop - Conference Room
4:00 - 7:00 PM
April 29 PUBLIC HEARING - Pavilion
7;00 PM
May 8 Budget Reconciliation Workshop
Conference Room - 4:00 - 7:00 Pm
May 12 PUBLIC EEARING and FIRST READING
of Appropriation Ordinance
Council Chambers - 2:00 PM
May 15 SECOND READING of Appropriation Ordinance
Council Chambers - 2:00 PM
7. Raffle Permit:
Virginia Easter Seal Society
8. Ordinance authorizing Tax Refunds in the amount of
$1,659.80
9. Ordinance authorizing License Refunds in the amount of
$ 3, 165.45
UNFINISHED BUSINESS
1. Oceanfront Visitor and Travel Center
Presentation by Mr. Jack Whitney, Planaing Department
M. NEW BUSINESS
1. Insurance Program
Presentation by Mr. Robert Esenberg, Risk Management
Division
N. ADJO@NT
M I N U T E S
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
January 21, 1986
The Regular Meeting of the Council of the City of Virginia Beach, Virginia,
was called to order by Mayor Heischober in the Conference Room, City Hall
Building, on Tuesday, January 21, 1986, at 12:30 P.M.
Council Members Present:
John A. Baum, Robert E. Fentress, Mayor Harold Heischober,
Barbara M. Henley, H. Jack Jennings, Jr. , Louis R. Jones, Vice
Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S. and Meyera E.
Oberndorf
Council Members Absent:
Nancy A. Creech and Robert G. Jones
Councilwoman Creech was out of the City. (Her letter to City Council is
hereby made a part of the record).
Councilman Robert Jones entered the EXECUTIVE SESSION at 12:38 P.M.
- 2 -
ITEM # 24813
Mayor Heischober entertained a motion to permit Council to conduct its
EXECUTIVE SESSION pursuant to Section 2.1-344, Code of Virginia, as
amended, for the following purposes:
1. PERSONNEL MATTERS: Discussion or consideration of employment,
assignment, appointment, promotion, performance, demotion,
salaries, disciplining or resignation of public officers,
appointees or employees.
2. PUBLICLY HELD PROPERTY: Discussion or consideration of the
condition, acquisition or use of real property for public
purpose, or of the disposition of publicly held property, or of
plans for the future of an institution which could affect the
value of property owned or desirable for ownership by such
institution.
3. LEGAL MATTERS: Consultation with legal counsel or briefings by
staff members, consultants or attorneys, pertaining to actual or
potential litigation, or other legal matters within the
jurisdiction of the public body.
Upon motion by Councilman Baum, seconded by Councilman Louis Jones, City
Council voted to proceed into EXECUTIVE SESSION.
Voting: 9-0
Council Members Voting Aye:
John A. Baum, Robert E. Fentress, Mayor Harold Heischober,
Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Vice
Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S. and Meyera E.
Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Nancy A. Creech and Robert G. Jones
- 3 -
CITY MANAGER'S ADMINISTRATIVE ITEMS
Item II-D.1
CONSENT AGENDA ITEM # 24814
Councilman Jennings referenced the Resolution to authorize MOBILE VENDING
activities and regulations; institute administrative procedures; and,
develop a frauchise at the Oceanfront. (See Item II-K.1 of the Consent
Agenda).
This item will be pulled for a separate vote.
Item II-D.2
CONSENT AGENDA ITEM # 24815
Coun6ilwoman Henley referenced an Ordinance authorizing the City of
Virginia Beach to enter into an agreement with the Virignia Beach School
Board for the establishment of a Joint Cable Center and the creation of a
Joint Cable Center Board to oversee operations of the Center. (See Item
II-K.3 of the Consent Agenda).
Councilwoman Henley requested a explanation of the operation of this Joint
Cable Center.
- 4 -
MAYOR/COUNCIL - DISCUSSION OF PERTINENT MATTERS
Item II-E.1 ITEM # 24816
With reference to the BACK BAY MANAGEMM PLAN, Councilwoman Henley advised
of seeking assistance from the GAME COMMISSION particularly for relocation
of the PUMP OUTFALL.
On Friday, January 17, 1986, the GAME COMMISSION agreed to participate with
the City of Virginia Beach in the amount of $150,000. This will be given
in increments of $50,000 each year, beginning this year.
Councilwoman Henley expressed appreciation to Glenn Croshaw for his
co-operative efforts. He worked diligently in the City's behalf as a Member
of the GAME COMMISSION.
Councilwoman Henley also expressed appreciation to Jack Whitney, Chief of
Comprehensive Planning, for his outstanding endeavors from the inception of
this plan. He has written countless letters and made several trips to
Richmond
- 5 -
R E G U L A R S E S S I 0 N
VIRGINIA BEACH CITY COUNCIL
January 21, 1986
2:10 P.M.
Mayor Heischober called to order the Regular Session of the Virginia Beach
City Council in the Council Chambers, City Hall Building, on Tuesday,
January 21, 1986, at 2:10 P.M.
Council Members Present:
John A. Baum, Robert E. Fentress, Mayor Harold Heischober,
Barbara M. Henley, H. Jack Jennings, Jr. , Louis R. Jones, Robert
G. Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr.,
D.D.S. and Meyera E. Oberndorf
Council Members Absent:
Nancy A. Creech
INVOCATION: Reverend Isaiah Samson, Jr.
Iglesia Ni Christo Church of Christ
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
6
Item II-F.1
PRESENTATION ITEM 24817
Mr. Darrel Hughes, Chairman, LYNNRAVEN RIVER WATER QUALITY TASK FORCE
presented their Report.
Mr. Hughes had previously distributed this to City Council on December 16,
1985. Additional copies of same were distributed.
Mr. Hughes reiterated his personal observations of the LYNNHAVEN RIVER.
Through these personal observations, he determined the RIVER was in a worse
state of deterioration than realized. Certain portions of this RIVER are
merely "dumps".
The LYNNHAVEN RIVER is of significant environmental and cultural importance
to the City of Virginia Beach.
In order to restore the enviornmental attributes of the LYNNHAVEN to their
former state, a number of issues have been identified which must be given
consideration if this goal is to be realized. They include:
The Character of the Lynnhaven
Connection to Other Watersheds
Shellfish Harvesting
Drainage
Water Quality
Association with the Chesapeake Bay Program
Growth and Development
Public Awareness and Education
Cultural Appreciation
Ecology
Recreational Boating
Data Base Maintenance
The primary damage to the RIVER had to do with the development of
Interstate 44.
Mr. Hughes recommended increasing the "flushing action".
A copy of the REPORT OF THE LYNNHAVEN RIVEP WATER QUALITY TASK FORCE is
hereby made a part of the record.
Mr. Hughes list of fourteen (14) possible recommendations is hereby made a
part of the record.
The most important concerns are a study should be development relative
Sediment Traps. The second item of importance would entail an "infra-red"
study on the septic tank system. The population needs to be aware of this
serious problem. As a BY-PRODUCT, we could create a public awareness and
education program.
Mr. Hughes further noted a LYNNHAVEN SEAFOOD FEST is being planned
hopefully as an annual event to endorse an awareness of the LYNNHAVEN
RIVER.
Mr. Hughes expressed appreciation to Jack Whitney, Chief of Comprehensive
Planning, who was instrumental in the preparation of this REPORT.
Dr. E. Spencer Wise, spoke concerning this REPORT and believed there should
be a greater contribution into this REPORT by other groups.
7
Item II-G.1
MINUTES ITEM # 24818
Upon motion by Councilman Baum, seconded by Councilwoman Henley, City
Council APPROVED the Minutes of January 13, 1986, with the EXCEPTION OF
ITEM 1 24791, APPROVAL of which will be DEFERRED until the City Council
Meeting of January 27, 1986:
Item II-J. 1 - Page 17 - ITEM 0 24791
ORDINANCE CLOSING, VACATING AND DISCONTINUING A
PORTION OF HOLLY AVENUE IN THE PETITION OF SOUTH
BAY.
Councilwoman Henley expressed concern relative Condition 1:
1. Resubdivision of the property to incorporate the closed area into
the adjoining parcel to avoid the creation of a nonconforming
lot. Construction shall be limited to 2-story structures within
the 25-foot parce .
A VERBATIM will be supplied to Members of City Council concerning this
item.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Robert E. Fentress, Mayor Harold Heischober,
Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert
G. Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr.,
D.D.S. and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Nancy A. Creech
8
Item II-H.1
PLANNING ITEM 24819
Richard Browner represented the applicant
Upon motion by Councilman Louis Jones, seconded by Councilman Fentress,
City Council APPROVED the application of HARRY S. AND JKAN W. ROGERS for a
Variance to Section 4.4(b) of the Subdivision Ordinauce, which requires
that lot dimensions conform to the Comprehensive Zoning Ordinance on
property located at 5613 Normandy Avenue (Kempsville Borough).
Appeal from Decisions of Administrative Officers
in regard to certain elements of the Subdivision
Ordinance, Subdivision for Harry S. and Jean W.
Rogers. Property is located at 5613 Normandy
Avenue. Plats with more detailed information are
available in the Department of Planning.
KEMPSVILLE BOROUGH.
The following conditions shall be required:
1. The minimum rear yard setback shall be thirty (30) feet.
2. No living trees shall be removed from the rear or south 30 feet
of the property or within a 15-foot strip along the entire
eastern property line.
3. Relocation of the easement of the Driveway to the rear lot shall
be specified on the Plat.
4. The Site Plan must show a positive drainage.
This Ordinance shall be effective upon the date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
Twenty-first day of January, Nineteen Hundred and Eighty-six.
Voting: 6-3
Council Members Voting Aye:
John A. Baum, Robert E. Fentress, Mayor Harold Heischober, H.
Jack Jennings, Jr., Louis R. Jones, Vice Mayor Reba S. McClanan
Council Members Voting Nay:
Barbara M. Henley, Robert G. Jones and Meyera E. Oberndorf
Council Members Abstaining:
J. Henry McCoy, Jr., D.D.S.
Council Members Absent:
Nancy A. Creech
Januar 21 1986
8a
HARVEY S. ROGV-RS
and
JEAN W. ROGERS, husband
and wife,
TO (COVENANTS AND CONDITIONS)
CITY OF VIRGINIA BEACH
THIS AGREEMENT, made this 2nd day of January, 1986, by
and between HARVEY S. ROGERS and JFAN W. ROGERS, husband and wife,
collectively Grantor, party of the first part, and CITY OF VIRGINIA
BEACH, a municipal corporation of the Commonwealth of Virginia,
Grantee, party of the second part,
W I T N E S S E T H:
WHEREAS, the Grantor is the owner of a certain parcel
of property located in the Kempsville Borough of the City of
Virginia Beach, containing approximately 2.2 acres and being the
same property conveyed to Grantors herein by deed of correction
and confirmation from Custer L. Spiers, et ux, dated December 17,
1963, and recorded in the office of the Clerk of the Circuit court
of the City of virginia Beach, virginia, in Deed Book 819, at
Page 223, to which reference is made for a more particular
description, said property hereinafter referred to as the
"Property"; and
WHEREAS, the Grantor has filed an application by petition
addressed to the Grantee requesting a subdivision variance to
permit the re-subdivision of the property into three (3) lots; and
WHEREAS, the Grantee's policy is to provide only for
the orderly development of land for various purposes, including
various residential and commercial purposes, through zoning and
other land development legislation; and
WHEREAS, the Grantor acknowledges that the competing
and sometimes incompatible development of various types of
Uy. CROMWELL, BETZ residential uses conflict and that in order to permit differing
& LUSTIG, P.C.
types of uses on and in the area of the Property and at the same
tim.-- to recognize the effects of change and the need for
recreational facilities and open space in the area, certain
reasonable conditions governing the use of the Property for the
protection of the community that are not generally applicab'@e to
land similarly zoned are needed to cope with the situation to
which the Grantor's rezoning application gives rise; and
WHEREAS, the Grantor has voluntarily proferred, in
writing, in advance of and prior to the public hearing before tbe
Grantee, as a part of the proposed subdivision variance with
respect to the Property, the following reasonable conditions
related to the physical development, operation, and use of the
Property to be adopted as a part of said subdivision variance
relative and applicable to the Property, which has a reasonable
relation to the requested variance;
NOW, THEREFORE, the Grantor, for themselves, their
successors, personal representatives, assigns, grantees, and oth
er
successors in title or interest, voluntarily and without any
requirement by or exaction from the Grantee or its governing body
and without any element of compulsion or quid pro quo for the
subdivision variance, site plan, building permit, or subdivision
approval, hereby makes the following declaration of conditions
and restrictions which shall restrict and govern the physical
development, operation, and use of the Property and hereby
covenants and agrees that this declaration shall constitute
covenants running with the Property, which shall be binding upon
the Property and upon all parties and persons claiming under or
through the Grantor, their successors, personal representatives,
assigns, grantees, and other successors in interest or title:
1. The minimum rear yard setback shall be thirty C30
feet.
2. No living trees shall be removed from the rear or
Uy, CROMWELL, BETZ
& LUSTIG, P.C. south thirty (30) feet of the Property, or within a fifteen (15)
3trip along the entire Eastern property line.
3. Access to the rear lot shall be clearly designated
on the recorded plat.
4. Notes 1,2, and 3 above will be affixed to the
recorded plat.
- 2
The above conditions, having been proferred by th
e
Grantor and allowed and accepted by the Grantee as part of the
subdivision variance, shall continue in full force and effect
until a subsequent amendment changes the zoning of the Property
and specifically repeals such conditions. Such conditions shall
continue despite a subsequent amendment to the zoning ordinance
even if the subsequent amendment is part of a comprehensive
implementation of a new or substantially revised zoning ordinance
until specifically repealed. The conditions, however, @ may be
repealed, amended, or varied by written instrument recorded in
the Clerk's office of the Circuit Court of the City of Virginia
Beach, Virginia, and executed by the record owner of the Property
at the time of recordation of such instrument, provided that said
instrument is consented to by the Grantee in writing as evidenced
by a certified copy of an ordinance or a resolution adopted by
the governing body of the Grantee, after a public hearing before
the Grantee which was advertised pursuant to the provisions of
Section 15.1-431 of the Code of Virginia, 1950, as amended. Said
ordinance or resolution shall be recorded along with saia
instrument as conclusive evidence of such consent, and if not so
recorded, said instrument shall be void.
All references hereinabove to the R-2 District and to
the requirements and regulations applicable thereto refer to the
Comprehensive Zoning ordinance and Subdivision Ordinance of the
City of virginia Beach, Virginia, in force as of the 2nd day of
January, 1986, which are by this reference incorporated herein.
The Grantor covenants and agrees that:
(1) The Zoning Administrator of the City of Virginia
Beach, Virginia, shall be vested with all necessary authority,
on behalf of the governing body of the City of virginia Beach,
Virginia, to administer and enforce tbe foregoing conditions and
Uy, CROMWELL, BETZ restrictions, including tbe authority (a) to order, in writing,
& LUSTIG. P.C.
tbat any noncompliance with such conditions be remedied, and (b)
3
to bring legal action or suit to insure compliance with such
conditions, including mandatory or prohibitory injunction,
abatement, damages, or other appropriate action, suit, or
proceeding;
(2) The failure to meet all conditions and restrictions
shall constitute cause to deny the issuance of any of the required
building or occupancy permits as may be appropriate;
(3) If aggrieved by any decision of the Zoning
Administrator, made pursuant to these provisions, the Grantor
shall petition the governing body for the review thereof prior
to instituting proceedings in court; and
(4) The Zoning Map may show by an appropriate symbol
on the map the existence of conditions attaching to the subdivision
variance for the Property, and the ordinances and the conditions
may be made readily available and accessible for public inspection
in the office of the Zoning Administrator and in the Planning
Department, and they shall be recorded in the clerk's office of
the Circuit Court of the City of Virginia Beach, Virginia, and
indexed in the names of the Grantor and the Grantee.
The foregoing conditions and restrictions may also be
enforced by any person residing in a nearby neighborhood or by
any civic leagues representing any nearby neighborhoods, which
civic leagues shall be deemed to be persons with standing to sue
with respect to any legal action brought to entorce the foregoing
conditions and restrictions.
WITNESS the following signatures and seals:
(SEAL)
S. ROCORS
GUY, CROMWELL, BETZ (SEAL)
& LUSTIG, P.C,
JEAN W. ROGERS 61
4
STATE OF VIRGINIA,
CITY OF VIRGINIA BEACH, 'i wi t.
I, -/ XZ , a Notary Public in and for
the City and State @aforesaid, do certify that Harvey S. Rogers
and Jean W. Rogers, whose names are signed to the foregoing writing
have acknowledged the same before me in my said City and State
aforesaid.
GIVEN under my hand this day of January, 1986.
Nol
My term of office expires
Y, CROMWELL, BETZ
& LUSTIG. P.C,
misc.
5
9
Item II-I-1
RESOLUTIONS IT EM # 24820
Upon motion by Councilman Fentress, seconded by Councilman McCoy, CitY
Council ADOPTED:
Resolution AMENDING prior Resolution approving
the issuance of Industrial Development REFUNDING
Revneue Bonds for the George S. Hazzis Facility
in the amount of $640,000.00.
Voting: 9-1
Council Members Voting Aye:
John A. Baum, Robert E. Fentress, Mayor Harold Heischober,
Barbara M. Henley, Louis R. Jones, Robert G. Jones, Vice Mayor
Reba S. McClanan, J. Henry McCoy, Jr., D.D.S. and Meyera E.
Oberndorf
Council Members Voting Nay:
H. Jack Jennings, Jr.
Council Members Absent:
Nancy A. Creech
January 21, 1986
qumMARY SHEET
-9a -
CITY OF VIRGINIA BEACII DEVELOPMENT AUTIIORITY
INDUSTRIAL DEVELOPMETIT REVENUE BOt4D
1- PROJECT WAME- @-orge S. Hazzis Facility
2. LOCATION: 529 Viking Drive
Virginia bracb, Virginia
3. DESCRIPTION OF PROJECI': acquiring, improving and equipping a
manufacturing, warehouse, distribution,
COMMU"iCaLionS, training and office facilit%-
4. AMOUNT OF BOND ISSUE: $640,000-00 (Refuniiiiq Ts@;ti(,)
S. PRINCIPALS: George S. Hazzis, 3040 Lynndale Road,
Virginia Beach, Virgini'a @74- 2
Ti@ewat@@ i @e
Road, Virginia Beacti, Virginia 234'14
6. ZONING CLASSIFICATION:
a. Present zoninq
classification of the
Property I-I
b. Is rezoning proposed? Yes No X
c- If so, to what zoning
classification?
Ex ti it, I t-
FISCAL -THPACT STATEMFNT
FOR PltOPC)@OED INDUSTRIHL REVENUE B014D rjt4rNCING
DATE:
TO: WE CITY COUNCIL OF VIRGINIA BFACfi, VIPCINIA
PROJECT WAME:
TYPE OF FACILITY:
1- Maximum Omount of financlng sought 64(),Ot)o.oo
2. Estlmated taxable value of the facility's
real property to be constructed In the
municipality $ 1,425,000.00
3. Estimated real property tax per year
05ing present tax rates $ 11 4n(). 00
4. Estimated personal property tax per
year using present tax rates $ 24 , 000. 00
Estimated merchants' CaPital (business
license) tdX per year using present tax
rates
$ 12. 50o, on
6- Estimated dollar value per year of goods
and services that will be Purchased
locally $6,100,00c).Oo
7. Estimated number of regular employees on
year round basis $ 3 94
8. Average annual salary per employee s 10,000. 00
The Information contained In this Statement Is based Eol,,]y
on faCtS and estimates provided by the Applicant and the
AuthortLy has made no Independent Investigation Lith repect
thereto.
City c)f Virginia Beach
DeveloDment Authority
21
2
3
4
TARLIN
FARM ML
c
WN
CeOrge S. HazZiS Facility
529 Viking Dri,e
Va- Beach, VA
I!anufacturing, offic, - Warehowise raci,i
ty
RESOLUTION AMENDING PRIOP RESOLUTION
APPROVING TTIE ISSUANCE OF INDUSTRIAL
DEVELOPMENT REFUNDING REVENUE BONDS
FOR THE GEORGE S. HAZZTS FACILITY
WHEREAS, Pursuant to a Resolution adoptpd on Novemhr
18, 1985 (the Prior Resolution), the City Council (thf-, Co@.Iricil)
of Virginia Beach, Virginia (the City) approved the issuanc, f
the City of Virginia Beach Development Authority's (the Author-
ity) Industrial Oevelopment Refunding Revenue Bond,, i,n an
amount not to exceed $640,000.00 (the Refunding Bonds) to as-
sist in the financing of the Applicant's acquisition, improve-
ment and equipping of a manufacturing, warehousing, distribu-
tion, wholesale, communication, training and office facility
(the Facility) to be located at 529 Viking Drive in the City;
and
WHEREAS, the Facility to be acquired by the Applicant
was originally constructed in part with the Authority's 1977
Industrial Development Revenue Bond (Furmanite America, Inc.
Facility) in the original principal amount of $700,000.00 (tho
Series 1977 13ond) and its 1978 Industrial Developmf--nt Reve-n@in
Additional Bond (Furmanite America, Inc. Facility) in the oz7iQ-
inal principal amount of $200,000.00 (the Series 1978 sond)7
and
WHEREAS, at the time the Prior Resolution was adoptgl
by the Council, it was represented to the Council that the Au-
thority's Series 1978 Bond had been paid in full and that th@
Refunding Bonds to be issued for the benefit of the Applicant
were to be used to refund the currently outstanding principal
balance of the Authority's Series 1977 Bond; and
WHEREAS, the holder of the Series 1977 Bond and tli@
Series 1978 Bond has subsequently discovered that the Series
1978 Bond has not been paid in full and that the amotint of t,',,
R flinding Bonds approved by the Prior Resolution incl@i(ips t@,'?
cLirrently outstanding principal balance of both the Seri@s 197@'
Bon(I and the Series 1978 Bond; and
WHEREAS, the Applicant has been advised by Council
that he must obtain amended Resolutions from both the Authoritv
an(i the Council which approve the Refunding of both the Seri-@
1977 Bond and the Series 1978 Bond in order to properly comply
witYi Section 103(k) of the Internal Revenue Code Of 1954, as
amended (the Code); and
WHEREAS, following a public hearing held on Jan@iary
14, 1986, the Authority adopted an Amended Resolution author-
izing the issuance of its 1986 Industrial Development Refundinq
Revenue Bond (George S. Tiazzis Facility) in the principal
amount of $628,234.74 (the Series 1986 Bond), to be used to re-
flind the principal amount due and owing under both thp- Sf'ri-es
1977 Bond and the Series 1978 Bond; and
WHEREAS, the Authority has requested th-P, Council to
amend its Prior Resolution to approve the issuance of the RP-
funding Bonds in the amount of $628,234.74 to reftind the prin-
ci,)al amount of both the Series 1977 Bond and the Series lq7s
Bonds in order to comply with Section 103(k) of the Code; and
WHEREAS, pursuant to Section 15.1-1378.1, Code of
Virginia of 1950, as amended, a copy of the Authority's AmE.'n(3,,(l
Resolution approving the issuance of the Refunding Bonds, sub-
@ect to terms to be agreed upon, and a resonably detailed su,,.n-
mary of the comments expressed at the Public Hearing, if 3ny,
have been filed with the Council;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY CC)UNCIL @Dr
THE CITY OF VIRGINIA BEACH, VIRGINIA:
1. The Council hereby amends its Resolution 30opted
on November 18, 1985, to the extent necessary to approve th-
issuance of the Refunding Bonds to refund the currently out-
standing principal balance due and owing under both th@ Ajthnr-
ity's Series 1977 -Rond and the Series 1978 Bond in order to
hring the issuance of the Refunding Bonds into strict
-2-
compliance with the approval requirements of Section 103(k) or
the Code.
2. Except as otherwise expressly amended herei.n,
all other provisions of the Council's Resolution approving the
issuance of Industrial Devplopment Revenue Refunding Bonds for
the George S. Hazzis Facility adopted on November 18, 1995,
shall remain in full force and effect and are hereby recon-
firmed, ratified and approved in all respects, as are all acts
or things heretofore done or performed by the officers of the
Authority in conjunction with the issuance of the Authority's
Series 1986 Industrial Development Refunding Revenue Bond
(George S. Hazzis Facility) in the original principal amount ')f
$628,234.74.
3. This Amended Resolution shall take effect imme-
diately upon its adoption.
Adopted by a majority of a quorum of the Council of
the City of Virginia Beach, Virginia, on January 21 1986.
-3-
- 10 -
Item II-I.2
RESOLUTIONS ITEM # 24821
Upon motion by Counciwoman Henley, seconded by Councilwoman Oberndorf, City
Council ADOPTED:
Resolution of tbe City of Virginia Beach opposing
a proposal to amend and reenact Section
15.1-466.1 and Section 58.1-3503 of the Code of
Virginia and to amend Code of Virginia by ADDING
a Section numbered 15.1-486.3.
The City Clerk is directed to forward copies of this Resolution to the
City's representatives in the General Assembly.
Councilwoman Henley advised the Local Government Committee is expected to
Amend Legislation regarding Mobile Homes in Agricultural Districts to
exclude cities and towns; therefore, this would conform to the Council's
Resolution. However, the Virginia Municipal League still intends to oppose
the Bill.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Robert E. Fentress, Mayor Harold Heischober,
Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert
G. Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr.,
D.D.S. and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Nancy A. Creech
- 10a -
A RESOLUTIOW OF THE CITY OF VIRGINIA BEACH
OPPOSING A PROPOSAL TO AMEND AND REENACT i
15.1-466.1 AND 1 58.1-3503 OF THE CODE OF
VIRGINIA AND TO AMEND CODE OF VIRGINIA BY
ADDING A SECTION N M ERED 15.1-486.3
WHEREAS, the Local Government Conmittee has formed a subcommittee
to study the feasibility and desirability of amending and reenacting SSSS
15.1-466.1 and 58.1-3503 of the Code of Virginia and amending the Code
of Virginia by adding a section numbered 15.1-468.3 relating to the
application of subdivision and zoning ordinances to mobile homes and
the basis for valuing mobile homes for taxation; and
WREREAS, some form of this legislation is expected to be
considered in the General Assembly in 1986; and
WHBREAS, such legislation would have an adverse effect on
localities and local governing bodies by prohibiting the local
governing body from properly implementing its city's development plan
for the for the most desirable use of land for residential,
recreational, agricultural and other purposes; and
WHEREAS, the economic harm the proposed legislation, if adopted,
would cause to existing property owners far exceeds any perceived
benefit which would come from the placement of mobile homes in
agricultural areas; and would adversely effect the aesthetic balance of
existing neighborhoods; and
WHEREAS, the rationale for the legislation is to provide decent,
safe and affordable housing and the Virginia Beach City Council has
made substantial progress towards the establishment of a mix of such
affordable housing through zoning and other efforts.
NOW, THEREFORE, BE IT RESOLVED:
1. That the Council of the City of Virginia Beach strongly
opposes any legislation to amend SSSS 15.1-466.1 and 58.1-3503, and to
enact SS 15.1-468.3.
2. That the City Council respectfully and strongly requests that
the City's representatives in the General Assembly oppose any
legislation which would prohibit cities with a population of over
50,000 from the location of mobile homes within the City.
3. The City Clerk is directed to forward copies of this
Resolution to the City's representatives in the General Assembly.
4. The City Attorney is directed to present a certified copy of
this Resolution to the members of the local government committee of the
General Assembly of Virginia and the Virginia Municipal League
Legislative Committee.
Adopted by the Council of the City of Virginia Beach, Virginia on
Januar
Item II-J.1
ORDINANCES ITEM 24822
CONFLICT OF INTEREST
The following spoke concerning the Ordinance requiring disclosure of
information and other measures to define and identify situations which give
rise to CONFLICT OF IT M ESTS:
Rae H. LeSesne, represented the Council of Civic Organizations, and
voiced support of the Ordinance submitted by the CODE OF ETHICS COMMITTEE,
but noted his Organization had not ample time to review the City
submission.
Edward Brankston, a retired citizen, taxpayer and Member of the Citizens
Action Coalition
Walter Vargo, President of the Citizens Action Coalition, spoke in support
of a stronger Conflict of Interest Law. Mr. Vargo referenced a
petition containing 15,000 signatures in support of same.
R. Dean Lee, Vice Chairman of Legislative Affairs, Hampton Roads Chamber
of Commerce, requested action be DEFERRED until all interest groups have
had an opportunity to study the proposed Ordinance. Mr. Lee read a
letter from Daniel J. Arris, Chairman of the Board of Directors, Hampton
Roads Chamber of Commerce, dated January 20, 1986. (Said letter is hereby
made a part of the record).
Russell I. Brown, a resident of 85th Steet and a former Member of the
Montgomery County Ethics Commission, spoke in favor of the Code of
Ethics Committee proposed Ordinance. A copy of his testimony is
hereby made a part of the record.
Tom Aiken, resident of Maryland Court represented himself, and requested
immediate adoption of a CONFLICT OF INTEREST Ordinance.
The MAYOR'S CODE OF ETHICS COMMITTEE responded to Council's inquires:
Sheldon L. Corner
Irvin A. Douglas
Robert M. Galewski
Robert G. Krebs
Fred J. Noe.
Upon motion by Vice Mayor McClanan, seconded by Councilman Fentress, City
Council DEFam:
Ordinance requiring disclosure of information and
other measures to define and identify situations
which give rise to CONFLICT OF INTERESTS, or
apparent conflict of interest, and unethical
conduct on the part of public officials of the
City of Virginia Beach, Virginia.
This Ordinance was DEFERRED to enable the Mayor's Code of Ethics Conmittee
to study for two weeks and refine; (2) to return to City Council, (3) a
Committee of two members of City Council will review for one week and
return to City Council, all being done within 30 days.
Councilman Robert Jones requested his PROPOSAL FOR A CONFLICT OF INTEPEST
ORDINANCE be reviewed with the others. A copy of same is hereby made a part
of the record.
Councilman Jennings read his prepared STATF.HENT OF CONCERNS relative this
Ordinance and six (6) points of interest.
- 12 -
Item II-J.1
ORDINANCES ITEM # 24822 (Continued)
CONFLICT OF INTEREST
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Robert E. Fentress, Mayor Harold Heischober,
Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert
G. Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr.,
D.D.S. and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Nancy A. Creech
January 21, 1986
- 13 -
Item II-J.la
ANNOUNCEMENT ITEM # 24822a
Mayor Heischober ANNOUNCED Councilwoman Meyera Oberndorf would be ABSENT
for the remainder of the Council Meeting due to a PUBLIC SPEAKING
ENGAGEMENT.
January 21 1986
- 14 -
Item II-J.2
ORDINANCES IT-EM # 24823
Upon motion by Councilman Fentress, seconded by Councilman Baum, City
Council ADOPTED:
Ordinance to amend and reordain Section 33-6 of
the Code of the City of Virginia Beach, Virginia,
pertaining to sales conducted on or adjacent to
the public right-of-way
Voting: 8-0
Council Members Voting Aye:
John A. Baum, Robert E. Fentress, Mayor Harold Heischober,
Barbara M. Henley, Louis R. Jones, Robert G. Jones, Vice Mayor
Reba S. McClanan and J. Henry McCoy, Jr., D.D.S.
Council Members Voting Nay:
None
Council Members Absent:
Nancy A. Creech, H. Jack Jennings, Jr., and Meyera E. Oberndorf
- 14a -
AN ORDINANCE TO AMEND AND REORDAIN
SECTION 33-6 OF THE CODE OF THE CITY
OF VIRGINIA BEACH, VIRGINIA,
PERTAINING TO SALES CONDUCTED ON OR
ADJACENT TO THE PUBLIC RIGHT-OF-WAY
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
That Section 33-6 of the Code of the City oE Virginia
Beach, Virginia, pertaining to sales conducted on or adjacent to
the public right-of-way, is hereby amended and reordained as
follows:
Section 33-6. Sales conducted on or adjacent to the public
right-of-way.
For purposes of this section only, "sale or exchange" shall
be defined as the advertising, displaying, offering or exchanging
for value of the below-mentioned items.
The sale or exchange of any item, including, but not limited
to, any and all goods, wares, flowers, prepared or unprepared
food or any other product by any person from any temporary
structure including but not limited to any table or stand, or
from any motor vehicle, trailer, cart, dray, wagon, pushcart or
any hand or peddle-propelled vehicle shall be subject to the
following regulations:
(a) Sales conducted in the public right-of-way.
(1) No such sale or exchange shall be made in any
street or public right-of-way along any street for which the
posted speed limit is greater than twenty-five (25) miles per
hour, nor shall such sale or exchange be made in any street or
public right-of-way within twenty-five feet (251) of any
intersection.
(2) No person conducting such sale or exchange in any
street or public right-of-way may remain within any one block
area for more that fifteen (15) minutes before moving to another
block. Additionally, such sale or exchange may not be repeated
in the same block within any eight (8) hour period. A block
shall be understood to mean a section of a street between its
intersection with two (2) adjoining streets, or a section of
street five hundred feet (5001) in length, whichever is shorter.
(3) The provisions of subsection (a) hereof shall not
apply to such sales or exchanges conducted on the premises of the
Virginia Beach Farmers Market or of any other commercial
enterprise operated under franchise agreement or permit
authorized by the city manager.
(b) Sales conducted on private property adjacent to the
public right-of-way.
Persons conducting a sale or exchange of the type
described in this section on private property, and persons
allowing their private property to be used for such sales or
exchanges, shall be subject to the following regulations:
(1) No sale or exchange shall take place or be
conducted, and no structure used for such sale or exchange shall
be located, within fifty feet (501) of the closest edge of the
nearest sidewalk pavement, or street pavement if there is no
sidewalk, of any public right-of-way.
(2) The person conducting the sale or exchange shall
have obtained written permission to conduct such activity from
the owner of the property involved, and shall have also obtained
from such owner exclusive control over any area of the property,
within the allowed area, sufficient to ensure that there is
adequate space for the safe circulation of traffic, such area
shall not be less than eight hundred (800) square feet. The
person conducting the sale or exchange shall not allow any other
activity to be conducted within this minimal eight hundred (800)
square foot area.
(3) Such sales or exchanges shall not be conducted on
or from vacant lots.
(4) Before any person may conduct such sale or
exchange, such person must have provided to and have had approved
by the department of permits and inspections a plat or site plan
-2-
identifying the location of the property on which the activity is
to be conducted and showing the location of the structure from
which the sale or exchange activity will occur, the area under
the control of such person, and provisions for well-defined
vehicular entrances and exits. Such plat or site plan shall be
accompanied by a nonrefundable fee of twenty-five dollars
($25.00) for processing. After review and approval of such plat
or site plan by the department of permits and inspections,
application shall be made to the city manager or his designee for
a permit to engage in the activities covered by this section, in
accordance with this section and the approved plat or site plan.
Such application shall state the name, address and telephone
number of the person or persons conducting the activity, the days
and hours of operation, and shall include evidence of the
property owner's permission to so use the property, as required
above, as well as a copy of the approved plat or site plan. A
copy of the permit issued by the city manager or his designee as
well as a copy of the approved plat or site plan and the written
permission of the property owner shall be kept at the site of the
activity. Such permit must be obtained before a business license
for such activity may be issued, and shall be renewed annually
prior to the renewal of any business license.
(5) The requirements of subsection (b) hereof shall
not apply to outdoor sales and exchanges which occur as an
incidental part of the retail sales activity of a merchant
regularly conducting business from a permanent building where
such sales are conducted on the premises of the building and in
close proximity to said building; nor shall they apply to the
otherwise lawful sale of market produce and related items from
the site on which they are grown; nor to garage sales in
residential areas.
(6) Nothing herein shall exempt any person conducting
a sale or exchange of the type described herein from the
-3-
requirements of the comprehensive zoning ordinance or any other
applicable provision of the law.
(7) A person who obtains a permit pursuant to
subsection (4) above shall be allowed one sign which shall be
permanently attached to a motor vehicle and which shall not
exceed ten (10) square feet in size.
(c) Compliance.
Every person who obtains a permit under the
requirements of this section shall keep the permit, approved plat
or site plan and written permission of the property owner in a
convenient place and whenever requested to do so, shall exhibit
the same to any police officer, agent of the commissioner of
revenue or inspector for the department of permits and
inspections. Violation of any of the requirements of this
section shall constitute a Class 1 misdemeanor. The city manager
or his designee shall revoke the permit issued to any person
pursuant to subsection (b)(4) upon his conviction of violating
any of the provisions of this section.
Adopted this 21st day of January 198a6 by the
Council of the City of Virginia Beach, Virginia.
WEB/da
9/30/85
(F)
APP'OV@, AS TO -Oi\iTE@'T",
V-/,
-4-
- 15 -
Item II-J.3
ORDINANCES ITEM # 24824
Upon motion by Councilman Fentress, seconded by Councilman McCoy, City
Council ADOPTED:
Ordinance to ADD Section 6-30 to the Code of the
City of Virginia Beach, Virginia, pertaining to
fishing from the beach.
Voting: 8-0
Council Members Voting Aye:
John A. Baum, Robert E. Fentress, Mayor Harold Heischober,
Barbara M. Henley, Louis R. Jones, Robert G. Jones, Vice Mayor
Reba S. McClanan and J. Henry McCoy, Jr., D.D.S.
Council Members Voting Nay:
None
Council Members Absent:
Nancy A. Creech, H. Jack Jennings, Jr., and Meyera E. Oberndorf
Januar 21 1986
- 15a -
AN ORDINANCE TO ADD SECTION 6-30
TO THE CODE OF THE CITY OF
VIRGINIA BEACH, VIRGINIA, PERTAINING
TO FISHING FROM THE BEACH
BE IT ORDAINED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA:
That Section 6-30 is hereby added to the Code of the
City of Virginia Beach, Virginia, pertaining to fishing from the
beach, and reads as follows:
Section 6-30. Fishing from sand beaches of Virginia Beach
Borough.
It shall be unlawful to fish from the sand beaches south of
42nd Street in the borough of Virginia Beach between the hours of
10:00 a.m. and 5:00 p.m. from Memorial Day weekend through Labor
Day weekend.
Adopted this 21,,t day of January 1985c6 by the
Council of the City of Virginia Beach, Virginia.
WEB/da/rab
9/25/8 5
11/4/85
(B)
- 16 -
Item II-J.4
ORDINANCES ITEM # 24825
Upon motion by Councilman Fentress, seconded by Councilman McCoy, City
Council ADOPTED:
Ordinance to amend and reordain Section 6-4 of
the Code of the City of Virginia Beach, Virginia,
pertaining to sleeping ou the beach.
Voting: 8-0
Council Members Voting Aye:
John A. Baum, Robert E. Fentress, Mayor Harold Heischober,
Barbara M. Henley, Louis R. Jones, Robert G. Jones, Vice Mayor
Reba S. McClanan and J. Henry McCoy, Jr., D.D.S.
Council Members Voting Nay:
None
Council Members Absent:
Nancy A. Creech, H. Jack Jennings, Jr., and Meyera E. Oberndorf
January 21, 1986
- 16a -
AN ORDINANCE TO AMEND AND REORDAIN
SECTION 6-4 OF THE CODE OF THE CITY
OF VIRGINIA BEACH, VIRGINIA
PERTAINING TO SLEEPING ON BEACH
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
That Section 6-4 of the Code of the City of Virginia
Beach, virginia, pertaining to sleeping on beach, is hereby
amended and reordained as follows:
Section 6-4. Sleeping on beach.
It shall be unlawful for any person to sleep on any of the
beaches within the city or to impede the operation of beach
cleaning equipment between the hours of 8:00 p.m. and 8:00 a.m.
Adopted this 21st day of January 198@ by the Council
of the City of Virginia Beach, Virginia.
WEB/da
(F)
10/1/85
AP @i l' L
PROVED AS TO C"@
- 17 -
Item II-J.5
ORDINANCES ITEM # 24826
Upon motion by Councilman Fentress, seconded by Councilman Baum, City
Council ADOPTED:
Ordinance to amend and reordain Section 6-6 of
the Code of the City of Virginia Beach, Virginia,
pertaining to prohibited items on beaches and
adjacent areas.
Voting: 8-0
Council Members Voting Aye:
John A. Baum, Robert E. Fentress, Mayor Harold Heischober,
Barbara M. Henley, LouiS R. Jones, Robert G. Jones, Vice Mayor
Reba S. McClanan and J. Henry McCoy, Jr., D.D.S.
Council Members Voting Nay:
None
Council Members Absent:
Nancy A. Creech, H. Jack Jennings, Jr., and Meyera E. Oberndorf
i
- 17a -
AN ORDINANCE TO AMEND AND REORDAIN
SECTION 6-6 OF THE CODE OF THE CITY
OF VIRGINIA BEACH, VIRGINIA
PERTAINING TO PROHIBITED ITEMS ON
BEACHES AND ADJACENT AREAS
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That Section 6-6 of the Code of the City of Virginia
Beach, Virginia, pertaining to prohibited items on beaches and
adjacent areas, is hereby amended and reordained as follows:
Section 6-6. Prohibited items on beaches and adjacent areas.
It shall be unlawful for any person to take or carry or
have in his possession upon the sand beaches or upon any parking
area, public street or right-of-way adjacent to any of the sand
beaches of the City,
eroatan-BeaehT any glass container or any alcoholic beverage.
shall-algply-only-en-weekertds-anel-iteii(4aysT
Gitegapeake-BaYT-1-Y-ing-bet-ween-Whaler-Geart-on-tlte-east-and-Mleeft
Adopted by the Council of the City of Virginia Beach,
virginia on the 2i.tday of January,-, 198FDr.
WEB/da
11/19/85
(A)
- 18 -
Item II-J.6.
ORDINANCES ITEM # 24827
Upon motion by Councilman Fentress, seconded by Councilman McCoy, City
Council DEFERRED for two weeks until the City Council Meeting of February
3, 1986:
Ordinance to amend and reordain Section 7-57 of
the Code of the Civof Virginia Beach, Virginia,
pertaining to riding on the sidewalk.
This application was DEFERRED for review by the City Attorney concerning
definition of MOPED ROUTES.
Councilman Fentress advised there are no existing bikepaths from Second to
Eighth Street or Thirty-fifth to Thirty-eighth Street. From Second to
Eighth, there is a very narrow space painted and much more narrow than the
regular bikepaths. Bicycles do not stay in this part of the bikepath on
the boardwalk. The City Attorney will address Council's concerns relative
the liability to the City.
Voting: 8-0
Council Members Voting Aye:
John A. Baum, Robert E. Fentress, Mayor Harold Heischober,
Barbara M. Henley, Louis R. Jones, Robert G. Jones, Vice Mayor
Reba S. McClanan and J. Henry McCoy, Jr., D.D.S.
Council Members Voting Nay:
None
Council Members Absent:
Nancy A. Creech, H. Jack Jennings, Jr., and Meyera E. Oberndorf
January 21, 1986
- 19 -
Item II-J.7
ORDINANCES ITEM # 24828
Wade Kyle, Administator of Solid Waste, responded to City Council's
inquiries.
Upon motion by Councilman Fentress, seconded by Councilman McCoy, City
Council ADOPTED, AS AMENDED*
Ordinance to amend and reordain Sections 31-1,
31-14, 31-26, 31-27 and 31-28 of the Code of the
City of Virginia Beach, Virginia, pertaining to
solid waste.
*On Page 4, Item (23), the words "..in the resort area" shall be replaced
by the words "..in the Beach Borough...".
On Page 4, Section (24), beginning with the words "Resort Area", shall be
removed.
All references to "Resort Area" in said Ordinance shall be replaced by
"Beach Borough."
Voting: 9-0
Council Members Voting Aye:
John A. Baum, Robert E. Fentress, Mayor Harold Heischober,
Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert
G. Jones, Vice Mayor Reba S. McClanan and J. Henry McCoy, Jr.,
D.D.S.
Council Members Voting Nay:
None
Council Members Absent:
Nancy A. Creech and Meyera E. Oberndorf
Januar
- 19a -
AN ORDINANCE TO AMEND AND REORDAIN
SECTIONS 31-1, 31-14, 31-26, 31-27
AND 31-28 OF THE CODE OF THE CITY
OF VIRGINIA BEACH, VIRGINIA
PERTAINING TO SOLID WASTE
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
That Sections 31-1, 31-14, 31-26, 31-27 and 31-28 of
the Code of the City of Virginia Beach, Virginia, pertaining to
solid waste, is hereby amended and reordained as follows:
Section 31-1. Definitions.
The following definitions shall apply in the interpretation
and enforcement of this chapter:
(1) "Building Materials" means any material such as lumber,
brick, plaster, gutters or other substances accumulated as a
result of repairs or additions to existing buildings,
construction of new buildings or demolition of existing
structures.
(2) "Bulk container" means a metal container of not less
than six (6) cubic yards nor larger than eight (8) cubic yards,
made of water-tight construction with doors opening on two sides
and top, and constructed so that it can be emptied mechanically
by specially-equipped trucks. Containers shall be covered.
Hereinafter, upon effective date of this section, all new bulk
containers shall meet these specifications.
(3) "Business Trash" means any waste accumulation of dust,
paper and cardboard, excelsior, rags or other accumulations,
other than garbage or household trash, which are usually
attendant to the operation of stores, offices and similar
businesses.
(4) "City" means the City of Virginia Beach.
(5) "Commercial Establishment" means any retail,
restaurant, manufacturing, wholesale, institutional, religious,
governmental or other nonresidential establishment at which
garbage or trash may be generated.
(6) "Detachable Container" means a unit varying in capacity
between five cubic yards and 40 cubic yards which is used for
collection, storing and transporting building materials, business
trash, industrial waste, hazardous refuse, refuse or yard trash.
The unit may or may not use an auxiliary stationary packing
mechanism for compaction of materials into the container and may
be of the open or enclosed variety. The distinguishing feature
of the detachable container is that it is picked up by a
specially-equipped truck and becomes an integral part of the
truck for transporting the waste materials to the disposal site.
(7) "Garbage" means the by-product of animal or vegetable
foodstuffs resulting from the handling, preparation, cooking and
consumption of food, or other matter which is subject to
decomposition, decay, putrefaction or the generation of noxious
or offensive gases or odors, or which during or after decay, may
serve as breeding or feeding material for insects or animals.
(8) "Hazardous Refuse" means materials such as poison,
acids, caustics, chemicals, infected materials, offal, fecal
matter and explosives.
(9) "Household Trash" means every waste accumulation of
paper, sweepings, dust, rags, bottles, cans or other matter of
any kind, other than garbage, which is usually attendant to
housekeeping.
(10) "Industrial Waste" means all waste, including solids,
semi-solids, sludges, and liquids, created by factories,
processing plants or other manufacturing enterprises.
(11) "Litter" means garbage, refuse, waste materials or any
other discarded, used, or unconsumed substance which is not
handled as specified herein.
(12) "Loading and Unloading Area" means any stream, river
or lakeside or land dock, space or area used by any moving
vehicle for the purpose of receiving, shipping and transporting
goods, wares, commodities and/or persons.
-2-
(13) "Multiple Residential Unit" means any duplex,
apartment, group of apartments or condominium used for dwelling
places of more than one family.
(14) "Person" means any individual, firm, company,
corporation or association.
(15) "Portable Packing Unit" means a metal container not
exceeding 4,500 pounds gross weight with four to six cubic yard
capacity that contains a packinq mechanism and an internal or
external power unit.
(16) "Refuse" means solid waste accumulations consisting of
garbage, household trash, yard trash and business trash as herein
defined.
(17) "Residential Refuse Receptacle" means a metal or
plastic container for refuse, of substantial construction, with
tight-fitting lids, and provided with wheels and/or handles
sufficient for safe and convenient handling for collection at
curbside. Such receptacles shall have a capacity of not more
than thirty-two (32) gallons nor fifty (50) pounds total weight
or ten (10) pounds empty weight, and shall be kept in serviceable
condition at all times. Any receptacle which does not meet
standards set by the City of Virginia Beach Department of Public
Works shall be removed. Exceptions to these requirements may be
made by the Director of Public Works.
(18) "Single Residential Unit" means any dwelling place
occupied by one family.
(19) "Small Dead Animals" means dead cats, dogs, small
household pets and other animals of similar size.
(20) "Tree and Shrubbery Trimmings" means waste
accumulation of tree branches, tree limbs, parts of trees,
bushes, shrubbery and cuttings or clippings created as refuse in
the case of trees or bushes.
(21) "Yard Trash" means waste accumulations of lawn, grass
or shrubbery cuttings or clippings and dry leaf rakings, free of
dirt, rocks, large branches and bulky or noncombustible
material.
-3-
(22) "Yard Trash Containers" means refuse receptacles as
designated in 17-1.2(17). Plastic bags shall be closed by a
tight sealing method of suitable type, such as drawstring, wire
tie or knot. Containers shall be kept covered or closed at all
times.
(23) "Mobile Containers" means any containers for refuse
provided by the city for use in the resort area, having a
capacity of 85-90 gallons and equipped with wheels for
mobility.
Section 31-14. Screening of mobile containers in resort area.
mobile containers provided by_the city and all privately-
owned bulk refuse containers (dumpsters) in the borough of
Virginia Beach shall be located in areas out of_public view. Any
enclosure utilized for screening such containers shall be subject
to approval by the director of public works and shall be located
on private property unless an encroachment has been approved as
set forth in section 33-113.
Section 31-26. Receptacles generally.
All refuse to be collected by the city shall be stored
in proper receptacles between times of collection. These
recepticles shall be metallic or plastic, with no more than
thirty-two (32) gallons' capacity or fifty (50) pounds total
weight. Any mobile container provided by the city shall not be
filled to exceed two hundred (200) pounds total weight and all
refuse therein must fit inside the container. Exceptions to
these requirements may be made by the director of public works.
Refuse may be placed in plastic or polyethylene bag which meet
the standards set by the department of public works. Each
receptacle shall have a tight-fitting cover and each bag shall be
tightly secured. The cover of any receptacle shall be kept on at
all times except when the receptacle is being filled, emptied or
cleaned. Animal waste and ashes shall be wrapped separately from
-4-
other refuse in a manner to prevent spillage prior to placing the
same in a receptacle.
Section 31-27. Frequency of collection.
(a) Garbage and household trash accumulated at
residences shall be collected by the city one (1) time each week,
except when otherwise designated by the director of public works.
Oversized household trash, bulky items such as refrigerators,
water heaters and washing machines shall be collected by the city
one time each week at the curbside; provided that, the service of
collecting these articles shall only be provided when a special
order is placed by telephoning the bureau of refuse collection in
advance.
(b) Mobile containers provided by the city shall be
collected seven (7) days per week May 1 through September 30, six
(6) days per week (Monday through Saturday) April 1 through
October 31, and four (4) days per week (Monday, Tuesday, Thursday
and Friday) November 1 through March 31.
(c) City reeuse collection service to commercial
establishments shall be one (1) time each week, except when
otherwise designated by the director of public works. The city
will not collect bulky items from commercial establishments.
Section 31-28. Points of collection.
(a) Privately-owned refuse receptacles, the contents
of which are to be collected by the city, shall be placed on the
curb line of a city right-oe-way by 7:00 a.m. on the day of
collection. All receptacles must be removed out of view of the
public after collection on the day of collection. The director
of public works shall designate those areas in the city in which
curbside bins for holding ref6se receptacles are permitted beyond
the front wall of a dwelling unit.
(b) mobile containers provided by the city shall be
placed on the curb line of a city right-of-way by 6:30 a.m. on
the day of collection. Such containers shall be removed out of
view of the public no more than two (2) hours after collection.
-5-
(c) The city will not make refuse collections on
private property.
Adopted on the 21 day of J 1986, by
the Council of the City of Virginia Beach, virginia.
WEB/da/rab
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1/23/86
(F)
- 20 -
Item II-J.a.
ANNOUNCEMENT
ADD-ON ITEM # 24829
Mayor Heischober extended the City's Appreciation concerning the use of the
Pavilion for the Wide World of Sports Boxing Matches. The City of Virginia
Beach had international coverage for two hours on ABC, Channel 13.
The City was able to accomplish this through the assistance of various
contributors.
The Mayor recognized Skip Hendrix as President of the Virginia Beach
Hotel/Motel Association. This Association made a substantial contribution
to the aforementioned cause. Their contribution was approximately $5,000.
This two hours of television exposure was valued at $1/2 Million.
- 21 -
Item II-K
CONSENT AGENDA ITEM # 24830
Upon motion by Councilrnan Baum, seconded by Councilman McCoy, City Council
APPROVED in ONE MOTION Items 2, 5, 6, 7, 8 and 9.
Items 1, 3 and 4 were voted upon separately.
Voting: 9-0
Council Members Voting Aye:
John A. Baum, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, ti. Jack Jennings, Jr.,
Louis R. Jones, Robert G. Jones, Vice Mayor Reba S.
McClanan and J. Henry McCoy, Jr., D.D.S.
Council Members Voting Nay:
None
Council Members Absent:
Nancy A. Creech and Meyera E. Oberndorf
- 22 -
Item II-K.1
CONSENT AGENDA ITEM # 24831
The following spoke in favor of the proposed Resolution:
Skip Hendrix, represented the Virginia Beach Hotel/Motel Association and
requested City Council evaluate the Mobile Vending activities very
carefully after the first year.
Robert Wigg, Local Vendor, reiterated the need for this Resolution.
Upon motion by Councilman Fentress, seconded by Councilman Robert Jones,
City Council ADPOTED:
Resolution to authorize MOBILE VENDING activities
and regulations; institute administrative
procedures; and, develop a franchise at the
Oceanfrout.
Voting: 8-0
Council Members Voting Aye:
John A. Baum, Robert E. Fentress, Mayor Harold Heischober,
Barbara M. Henley, Louis R. Jones, Robert G. Jones, Vice Mayor
Reba S. McClanan and J. Henry McCoy, Jr., D.D.S.
Council Members Voting Nay:
None
Council Members Abstaining:
H. Jack Jennings, Jr.
Council Members Absent:
Nancy A. Creech and Meyera E. Oberndorf
JanuarY 21, 1986
- 22a -
R E S 0 L U T I 0 N
WHEREAS, The City Manager has sent to the City Council
the proposed regulations and Request For Proposal for the mobile
vending at the oceanfront. These documents were drafted by the staff
of the Resort Area Advisory Commission (RAAC) with the input and
endorsement of RAAC Commissioners on December 18, 1985; and
WHEREAS, the draft was reviewed by the various city agencies
and their co=ents and suggestions were incorporated therein.
WHEREAS, These regulations and proposals would allow City
Council to authorize mobile vending at selected stub streets and
plazas on a one season experimental basis; and are designed to contribute
a festive orientative service to Boardwalk and beach users as proposed
by the Urban Land Institute when it suggested that Virginia Beach
"improve pedestrian walkways, connect with the Boardwalk wood kiosks
with seating and mobile vending carts would be provided to achieve
overlook rests that are both attractive and festive"; and
WHEREAS, The proposed regulations and tight control through
existing enforcement will provide the necessary safeguards to ensure
the health, safety, and welfare of the public are protected.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH THAT:
It authorizes the City Manager to promulgate tlie mobile vending regula-
tions and to institute the administrative procedures contained therein;
and
It authorizes the City Attorney to develop a franchise agreement
to be used by Council to authorize such mobile vending activities
as they deem to be in the public interest; and
It resolves that it will consider requests to operate mobile vending
units to qualified applications in accordance with the regulations
so promulgated. Adopted by the Council of the City of Virgiiiia Beach,
Virgiiiia, on the 21st day of January, 1986.
- 23 -
Item II-K-2
CONSENT AGENDA ITEM # 24832
Upon motion by Councilman Baum, seconded by Councihnan McCoy, City Council
ADOPTED:
Resolution authorizing the enlargement of the
nonconforming use and structure located at 5625
Virginia Beach Boulevard (property of John Killer and
Katherine Miller, husband and wife)
Voting: 9-0
Council Members Voting Aye:
John A. Baum, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr.,
Louis R. Jones, Robert G. Jones, Vice Mayor Reba S.
McClanan and J. Henry McCoy, Jr., D.D.S.
Council Members Voting Nay:
None
Council Members Absent:
Nancy A. Creech and Meyera E. Oberndorf
- 23a -
RESOLUTION AUTHORIZING THE ENLARGEMENT
OF THE NONCONFORMING USE AND STRUCTURE
LOCATED AT 5625 VIRGINIA BEACH
BOULEVARD (PROPERTY OF JOHN MILLER AND
KATHERINE MILLER, HUSBAND AND WIFE)
WHEREAS, John Miller and Katherine miller, husband and
wife, desire to construct a 22.2 feet by 40 feet addition to
their single-family residence located at 5625 Virginia Beach
Boulevard, Virginia Beach, Virginia, shown as the cross-hatched
area on that certain survey entitled "SITE PLAN OF LOT 128,
SUBDIVISION OF FAIR MEADOWS BAYSIDE BOROUGH - VIRGINIA BEACH,
VIRGINIA" (the "Survey"), a reduced copy of which is attached
hereto and made a part hereof; and
WHEREAS, the present use does not conform to the
provisions of the Comprehensive Zoning ordinance because
single-family residences are not allowed in the B-2,
Community-Business District; and
WHEREAS, pursuant to SS105(d) of the Comprehensive
Zoning Ordinance, City Council may authorize the enlargement or
extension of a nonconforming use if Council finds that the use as
enlarged or extended is equally appropriate or more appropriate
to the zoning district than is the existing nonconformity.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE
CITY OF VIRGINIA BEACH, VIRGINIA:
That City Council hereby finds the enlargement or
extension of the nonconforming use of the nonconforming single-
family residence, located at 5625 Virginia Beach Boulevard,
virginia Beach, Virginia, as shown on the Survey, is equally
appropriate or more appropriate to the zoning district in which
they are located than is the existing nonconformity; and the City
Council hereby authorizes the enlargement or extension of the
nonconforming use in the manner shown on the Survey, provided
extension of the use complies with all building, site plan, and
other requirements of the City of Virginia Beach.
Adopted by the Council of the City ofaii@
Virginia, on the 21st day of January, 1986.
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- 24 -
Item II-K.3
CONSENT AGENDA ITEM # 24833
The City Manager responded to City Council's concerns relative this
Ordinance. The concept behind same was to consolidate facilities the City
has along with the School Board from the Second Floor of the School
Administration Office and to establish the utilization of existing City
Personnel as well as the School Board's Personnel.
This structure will attempt to reflect both the School Board's interest and
the City. A third person with both management and technical ability will
be hired. If disputes arise from either side, regarding the purchase of
equipment or recommendations, this third person would possess the technical
expertise.
This Budget would be reviewed by botb the School Superintendent and the
City Manager with ultimate disposition to the City Council.
Upon motion by Councilman McCoy, seconded by Councilman Baum, City Council
ADOPTED:
ordinance authorizing the City of Virginia Beach
to enter into an agreement with the Virginia
Beach School Board for the establishment of a
Joint Cable Center and the creation of a Joint
Cable Center Board to oversee operations of the
Center.
Voting: 9-0
Council Members Voting Aye:
John A. Baum, Robert E. Fentress, Mayor Harold Heischober,
Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert
G. Jones, Vice Mayor Reba S. McClanan and J. Henry McCoy, Jr.,
D.D.S.
Council Members Voting Nay:
None
Council Members Absent:
Nancy A. Creech and Meyera E. Oberndorf
- 24a -
AN ORDINANCE AUTHORIZING THE CITY
OF VIRGINIA BEACH TO ENTER INTO AN
AGREEMENT WITH THE VIRGINA BEACH.
SCHOOL BOARD FOR THE ESTABLISHMENT
OF A JOINT CABLE CENTER AND THE
CREATION OF A JOINT CABLE CENTER
BOARD TO OVERSEE OPERATIONS OF
THE CENTER
WHEREAS, on May 17, 1976, Cox Cable Virginia Beach was
granted a franchise to construct, operate, and maintain a cable
television system within the City; and
WHEREAS, under Section 7 (Services) of the franchise
agreement, Cox Cable Virginia Beach is required to provide one
(1) education access channel (Channel 28) and one (1) local
government access channel (Channel 29); and
WHEREAS, the School Board and the City have determined
that it would be in the best interests of the School Board, the
City and the community at large to coordinate their efforts in
the operation of the two channels by a consolidation of funds,
equipment and personnel; and
WHEREAS, the School Board and the City have further
determined that such a coordination and consolidation could most
effectively be accomplished by the establishment of a Joint Cable
Center and that the oversight of same should be vested in a joint
board.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE
CITY OF VIRGINIA BEACH, VIRGINIA:
That, pursuant to the authority granted in Section
15.1-21 of the Code of Virginia, as amended, the City Council of
the City of Virginia Beach, Virginia hereby authorizes the City
to enter into an agreement with the School Board for the
establishment of a Joint Cable Center and for the creation of a
Joint Cable Center Board to oversee the operations of same.
Adopted this 21st day of January 1986.
RMB/ld
JOINT CABLE CENTER
JOINT CABLE CENTER BOARD
THIS AGREEMENT, entered into this -- day of
1986, by and between the CITY OF VIRGINIA BEACH and the SCHOOL
BOARD OF THE CITY OF VIRGINIA BEACH, as Political subdivisions of
the Commonwealth of Virginia.
W I T N E S S E T H
That for, and in consideration of, the mutual covenants
contained herein, and for other good and valuable consideration,
the City of Virginia Beach and the School Board of th, City of
Virginia Beach, pursuant to the authority granted in SS 15.1-21 of
the Code of Virginia, as amended, do hereby agree to jcintly
undertake the establishment and operation of a JOINT CA:3LE CENTER
and the creation of a JOINT CABLE CENTER BOARD for the Furposes,
and in accordance with the terms and conditions, set for@.-.h
below:
1. os@s.
a. This agreement is designed to facilitate
management of the "education access" channel (Channel 28) and the
"local government accessl- channel (Channel 29) provided to the
aforementioned parties by Cox Cable Virginia Beach pursuant to
Section 7 of the cable franchise agreement granted to Cox Cabl,
Virginia Beach by the CitY of Virginia Beach on May 17, 1976.
b. Said facilitation of manaqement shall be
accomplished by the consolidation of funding and personnel, and
the coordination of physical resources to establish a JOINT CABLE
CENTER.
C. This agreement further creates a JOINT CABLE
CENTER BOARD as a separate entity to oversee operations of the
JOINT CABLE CENTER. The cOmPOSition, duties, responsibilities
and authority of the "Board" shall be as set forth herein.
2. erm of agreement.
a. This agreement shall become effecti,e
immediately upon its approval by both the City Mallager and the
superintendent of Schools and shall terminate autc-matically on
May 17, 1991, unless otherwise extended by mutual written
agreement of the parties hereto.
b. This agreement may be terminated at any time
prior to its natural termination by mutual written agreement of
the parties hereto.
3. UPon termination of
this agreement, either naturally or by mutual writt,-@.n agreement
of the parties hereto, all property held by the Center shall be
disposed of as follows:
-2-
a. Property purchased or contributed solely by the
CitY Of Virginia Beach shall revert back to the City.
b. Property purchased or contributed solely by the
School Board shall revert back to the School Board.
C. Property purchased or contributed by bc)th
parties shall be disposed of:
(i) By sale, as authori,ed by the Board, with
proceeds being distributed according to a party's pro rata share
Of the original Purchase or contribution, or
(ii) By Purchase from the Center by either party
upon payment to the other party of its pro rata share of th,
original purchase or contribution.
d. Any disputes regarding disposition of Center
property shall be submitted to the Board, whose decision shall be
final and binding.
4. Nature of agreement.
The legal relationship between the parties hereto
created by this agreement shall, for the purposes of this
agreement, be a "joint vf-.nture".
5. Joint Cable Center Board.
a. Composition. The Board shall be composed of (3)
three members; the Director of Public Information for the City
@'of Virginia Beach, the Director of Community Relations for the
-3-
School Board, and a third person, not an employee of either Party
to this agreement, who shall be appointed by the City Manager and
the Superintendent of Schools and who shall serve as Chairperson
to the Board.
b. Meetings.
(i) The Board shall meet periodically but not
less than once a month to discuss matters referred to it by the
Center Manager, the Superintendent of Public Schools, and/or the
City Manager.
(ii) Attendance by all members of the Board
shall be required before the Board can conduct business.
C. Duties. It shall be the responsibility of the
i3oard to:
(i) Resolve issues that the Center Manager is
;unable to settle.
(ii) Establish general policy, rules, and
;procedures regarding the use of the facilities, equipment, and
ipersonnel which are a part of the Joint Cable Center.
(iii) Hire and administer the position of the
Center Manager.
(iv) Submit an annual report to the
iSuperintendent of Public Schools and the City Manager regarding
the operation of the Center.
-4-
(v) Recommend the annual budget of the Center
to the City Manager and the Superintendent of Public Schools for
funding.
(vi) Request additional budgetary funding as may
be needed to maintain the ongoing development of the Center, and
(vii) Resolve all matters regarding Center
personnel which cannot be settled by the Center Manager.
6. Joint Cable Center Manager.
a. Hiring process.
(i) The Board shall cause the position of
"Joint Cable Center Manager" to be advertised. The Director of
Public Information and the Director of Community Relations shall
then accept and review applications for the position, and shall
interview no less than three (3) applicants that they deilermine
to be the most qualified (unless fewer than three applicants
apply). After the interview phase of the hiring process, the
Board shall hire the candidate who it deems in its discretion, to
be the most qualified.
b. Duties of Center Manager. It shall be the duty
of the manager to:
(i) Insure the efficient utilization of Center
facilities, equipment, and personnel while meeting the production
needs of the respective Coordinators and producers.
(ii) Insure that Center facilities, equipment,
and personnel are available for the periods of time requested and
-5-
that all equipment is in good working order when needed. (All
facilities, equipment and necessary personnel shall be available
during all requiar City and School work days. The Center Manager
shall coordinate with other Center personnel to insure that
sufficient support staff is available on those days which are
holidays for one party but not for the other.)
(iii) Maintain the City's and Schools' portable
equipment in good working order.
(iv) Provide access to facilities and equipment
during non-working hours as needed.
(v) Insure that all Center facilities are in
good condition to facilitate ease of use.
(vi) Insure efficient and effective broadcast
management of Channels 28 and 29.
(vii) Provide for necessary training to insure
that any personnel other than those of the City and S'chool cable
units are adequately qualified prior to their use of loaned
Center equipment and facilities.
(viii) Hire all Cable Center personnel other than
those initially transferred from the City and Schools.
(ix) Such other duties as shall be del,
-ermined by
!,the Board.
7. Center Personnel. All School and City ernployees
,@l'transferred" to the Center and all personnel (including the
-6-
Center Manager) hired by the center shall be covered under th,
City pay plan, and shall be covered under the policies and
Procedures of merit service.
8. General policies reqarding use of center. General
Policies governinq the use of all Joint Cable Center facilities
and equipment sha-11 be developed by the Center Manager and
approved by the Board.
9. Joint budget preparation and approval.
a. Initial budget. The initial budget shall be
prepared by the Board, with assistance from respective staff
'members. The steps following the construction of the original
budget are the same as with subsequent annual budgets as
described below.
b. Annual budget. The annual budget shall be
prepared according to the following guidelines:
(i) The Center Manager shall prepare the annual
budget, with input from Center personnel, and shall submit it to
the Board for review and approval.
(ii) The Board shall review the budget and,
following any changes it has recommended to the Center Manager,
shall, upon approval of the budget, submit it to the City manager
and Superintendent of Schools for review and approval.
-7-
(iii) The budget shall then be forwa,d,d to City
Council for final aPProval and adoption.
10- L'a l@lity. Any liability of this joint undertaking
shall be divided equally beween the participating Parties and all
settlements or judgments in satisfaction of such liability shall
,be shared equally by the participants. Notice of all claims
shall be promptly given to both participants.
IN WITNESS WHEREOF, the parties have caused this
Agreement to be executed by their duly authorized officers.
CITY OF VIRGINIA BEACH
y Man
ATTEST:
C3. y Clerk SCHOOL BOARD
Su erinf ndent o School7s
'ATTEST:
lerk I the School Board
APPROVED AS TO FORM:
;@RMB/jmh
01/06/86
(48.31 Agreement)
-8-
- 25 -
Item II-K.4
CONSENT AGENDA ITEM # 24834
Roger Melick, Realtor with William E. Wood Associat,s, represented
Mrs. Elmer Tolle
Mrs. Elmer Tolle, owner, spoke in opposition to the Ordinance to authorize
acquisition of property in fee simple for right-of-way for Elbow Road
extended.
Mrs. Tolle advised her 100 year-old trees would be destroyed if this road
does go through. Mrs. Tolle requested by a slight adjustment to the road,
some of her residual to the north might be saved.
Donald Trueblood, Chief Engineer, also responded to City Council's
inquiries. The City Council had previously approved a MASTER STREET AND
HIGHWAY PLAN with an extension of Elbow Road through Salem Road across
Princess Anne Park to tie into Landstown Road. The City administratively
denied a preliminary subdivision for a 3.81345 acre parcel on Salem Road
as a result of the Master Street and Highway Plan.
Upon motion by Councilman McCoy, seconded by Councilman Robert Jones, City
Council DEFERRED for t,,o weeks until the City Council Meeting of February
3, 1986:
Ordinance to authorize acquisition of property in
fee simple for right-of-way for Elbow Road
extended (Elmer Tolle Subdivision) and the
acquisition of temporary and permanent easements
of right-of-way either by agreement or by
condemnation.
As of today, this Road is not in the five-year Capital Improvement Program.
This Ordinance was DEFERRED to enable Traffic Engineering to determine
whether the Road could be directed toward the North and located closer to
the property line to save the trees.
Voting: 9-0
Council Members Voting Aye:
John A. Baumf Robert E. Fentress, Mayor Harold Heischober,
Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert
G. Jones, Vice Mayor Reba S. McClanan and J. Henry McCoy, Jr.,
D.D.S.
Council Members Voting Nay:
None
Council Members Absent:
Nancy A. Creech and Meyera E. Oberndorf
*Verbal Aye
- 26 -
Item II-K-5
CONSM AGENDA ITEM # 24835
Upon motion by Councilman Baum, seconded by Councilman McCoy, City Council
AUTHORIZED FINAL APPROVAL of an Ordinance closing, vacating and discontinuing a
portion of Silverleaf Drive in the petition of the City of Virginia Beach as
per the following:
Application of the City of Virginia Beach for the
discontinuance, closure and abandoriment of a portion of
Silverleaf Drive located at the Southwest Intersection
of Silverleaf Drive and Holland Road. Said parcel
contains 26,221 square feet. Plats with more detailed
information are available in the Department of Planning
(Kempsville Borough)
Voting: 9-0
Council Members Voting Aye:
John A. Baum, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr.,
Louis R. Jones, Robert G. Jones, Vice Mayor Reba S.
McClanan and J. Henry McCoy, Jr., D.D.S.
Council Members Voting Nay:
None
Council Members Absent:
Nancy A. Creech and Meyera E. Oberndorf
26a -
AN ORDINANCE CLOSING, VACATING, AND
DISCONTINUING A PORTION OF THAT
CERTAIN STREET KNOWN AS SILVERLEAF
DRIVE, AS SHOWN ON THAT CERTAIN PLAT
ENTITLED 'PLAT SHOWING A PORTION OF
.SILVERLEAF DRIVE (FORMERLY HOLLAND
ROAD RELOCATED) TO BE CLOSED FOR
TERRY CORPORATION OF VIRGINIA
KEMPSVILLE BOROUGH - VIRGINIA BEACH,
VIRGINIA," WHICH PLAT IS AVAILABLE
FOR REVIEW IN THE OFFICE OF THE CITY
ATTORNEY, MUNICIPAL CENTER, VIRGINIA
BEACH, VIRGINIA
WHEREAS, it appearing that the City has advertised this
proposed street closure by advertising the same in the virginia
Beach Sun News, on and - ; and
WHEREAS, it is the judgment of the Council and Viewers
that closure and discontinuance of the below-described street
will not result in any public inconvenience, upon the completion
by the applicant of the conditions imposed by City Council,
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE
CITY OF VIRGINIA BEACH, VIRGINIA:
1. That the hereinafter described street be
discontinued, closed, and vacated, which portion is more
particularly described as follows:
That certain portion of Silverleaf
Drive beginning at a point 348.36'
distance from the intersection of
Silverleaf Drive and Independence
Boulevard and from said point of
beginning continuing along an arc
with a radius of 307.04 feet, a
distance of 184.81 feet to a point,
thence along an arc with a radius of
137 feet, a distance of 37.33 feet
to a point, thence along an arc with
a radius of 1,080 feet, a distance
of 137.89 feet to a point, thence
S 46'011541 East, a distance of
319.80 feet to a point, thence
continuing along an arc witha radius
of 1,000 feet, a distance of 549.50
feet in a westerly direction to the
point of beginning as shown on that
certain plat entitled "PLAT SHOWING
A PORTION OF SILVERLEAF DRIVE
(FORMERLY HOLLAND ROAD RELOCATED) TO
BE CLOSED FOR TERRY CORPORATION OF
VIRGINIA KEMPSVILLE BOROUGH -
VIRGINIA BEACH, VIRGINIA.-
2 That a certified copy of this Ordinance and attached
plat shall be filed in the records books of the Clerk's Office of
the Circuit Court of the City of Virginia Beach, Virginia,
indexed in the name of the City of Virginia Beach, Virginia, as
grantor.
3. This Ordinance shall become effective sixty (60)
days from the date of its' adoption.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the day of 1985.
RJN/da
2/27/85
(23)
APPROVED: May 13, 1985
FINAL APPROVAL - January 21, 1986
May 13, 1985
- 27 -
Item II-K-6
CONSENT AGENDA ITEM # 24836
Upon motion by Councilman Baum, seconded by Councibnan McCoy, City Council
APPROVED:
FY 1986-1987 OPERATING BUDGET SCHEDULE
April I Special Session of City Council for
presentation
April 1-16 City Council's review
April 17 Budget Workshop - Conference Room
4:00 - 7:00 PM
April 24 Budget Workshop - Conference Room
4:00 - 7:00 PM
April 29 PUBLIC HEARING - Pavilion
7:00 PM
May 8 Budget Reconciliation Workshop
Conference Room - 4:00 - 7:00 PM
May 12 PUBLIC HEARING and FIRST READING
of Appropriation Ordinance
Council Chambers
May 15 SECOND READING of Appropriation Ordinarice
Council Chambers - 2:00 PM
Voting: 9-0
Council Members Voting Aye:
John A. Baum, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, R. Jack Jennings, Jr.,
Louis R. Jones, Robert G. Jones, Vice Mayor Reba S.
McClanan and J. Henry McCoy, Jr., D.D.S.
Council Members Votiig Nay:
None
Council Members Absent:
Nancy A. Creech and Meyera E. Oberndorf
January 21, 1986
- 28 -
Item II-K-7
CONSENT AGENDA ITEM # 24837
Upon motion by Councilman McCoy, seconded by Councilwoman Henley, City Council
APPROVED:
RAFFLE PERMIT:
Virginia Easter Seal Society
Voting: 9-0
Council Members Voting Aye:
John A. Baum, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr.,
Louis R. Jones, Robert C. Jones, Vice Mayor Reba S.
McClanan and J. Henry McCoy, Jr., D.D.S.
Council Members Voting Nay:
None
Council Members Absent:
Nancy A. Creech and Meyera E. Oberndorf
- 29 -
Item 11-K-8
CONSENT AGENDA ITEM # 24838
Upon motion by Councilman Baum, seconded by Councilman McCoy, City Council
ADOPTED:
Ordinance authorizing tax refunds in the amount of
$1,659.80 upon application of certain persons and upon
certification of the City Treasurer for payment.
Voting: 9-0
Council Members Voting Aye:
John A. Baum, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, J. Jack Jennings, Jr.,
Louis R. Jones, Robert G. Jones, Vice Mayor Reba S.
McClanan and J. Henry McCoy, Jr., D.D.S.
Council Members Voting Nay:
None
Council Members Absent:
Nancy A. Creech and Meyera E. Oberndorf
ORM NO, C.A. 7 - 29a -
1/9/86 EMC
AN ORDINANCE AUTHORIZING TAX REFUNDS
UPON APPLICATION OF CERTAIN PERSONS
AND UPON CERTIFICATION OF THE TREASURER
FOR PAYMENT
BE iT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for tax refunds upon certification of the Treasurer are hereby approved:
NAME Tax Type Ticket Exonera- Date Penalty Int. Total
Year of Tax Number tion No. Paid
Wafat Properties 86 RE(1/2) 101708-8 10/29/85 44.34
Thomas W & Margaret Godfrey 86 RE(1/2) 36892-2 12/5/85 30.00
Dorothy L W Traweek 86 RE(1/2) 99100-8 12/5/85 20.00
Stanley E Oliver 86 RE(1/2) 74021-7 12/5/85 49.04
DorTnan M & Mary Lou Williams 86 RE(1/2) 105875-6 12/27/85 24.20
E L Hudson Inc 86 RE(1/2) 46409-7 12/30/85 .67
E L Hudson Inc 86 RE(]/2) 46410-4 12/30/85 28.90
E L Hudson Inc 86 RE(]/2) 46424-0 12/30/85 41.36
E L Hudson Inc 86 RE(1/2) 46426-6 12/30/85 10.75
E L Hudson Inc 86 RE(1/2) 46427-5 12/30/85 10.38
E L Hudson Inc 86 RE(1/2) 46428-4 12/30/85 10.42
E L Hudson Inc 86 RE(]/2) 46417-7 12/30/85 76.16
E L Hudson Inc 8F, RE(1/2) 46422-0 12/30/85 10.53
E L Hudson Inc 66 RE(1/2) 46423-9 12/30/85 26.93
E L Hudson Inc 86 RE(1/2) 46420-2 12/30/85 121.20
E L Hudson Inc 06 RF(1/2) 46421-1 12/30/85 10.53
E L Hudson Inc 86 RC7(1/2) 46@25-7 12/30/85 10.40
Ottie D & Juanita Grimstead 86 RE(1/2) 38934-3 11/26/85 22.00
Beach Partners 86 RE(1/2) 33305-0 12/5/85 495.19
Collateral Investiflent Co 85 RE(2/2) 83837-3 12/5/84 62.38
Kenneth L Seay Inc 85 RE(1/2) 65102-8 9/11/85 43.20
Kenneth L Seay Inc 85 RE(2/2) 65102-8 9/11/85 41.28
Johnnie R Flowers Jr 85 pp 53583-1 46896 5/28/85 30.00
Amel Partners 85 pp 179099-0 46940 12/4/85 268.92
Paul C Hubbard 85 pp 77442-1 46924 6/5/85 25.74
John J Baradell 85 pp 8209-9 46954 6/5/85 140.28
Larry R Ezzell 86 Dog V19087 12/10/85 5.00
Total 1,659.80
This ordinance shall be effective from date of adoption.
The above abatement(s) totaling Certified as to payment;
were approved by
the Council of the City of Virginia
Beach on the--2@tday of .1986
John T. Atkinson, Treasurer@
Approved as t
Ruth Hodges Smith
City Clerk
Ciiy A@torney
- 30 -
Item II-K-9
CONSENT AGENDA ITEM # 24839
Upon motion by Councilman Baum, seconded by Councilmari McCoy, City Council
ADOPTED:
Ordinance authorizing license refunds in the amount of
$3,165.45 upon application of certain persons and upon
certification of the Commissioner of Revenue for
payment.
Voting: 9-0
Council Members Voting Aye:
John A. Baum, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, J. Jack Jennings, Jr.,
Louis R. Jones, Robert G. Jones, Vice Mayor Reba S.
McClanan and J. Henry McCoy, Jr., D.D.S.
Council Members Voting Nay:
None
Council Members Absent:
Nancy A. Creech and Meyera E. Oberndorf
I
FORM NO. C.A. a - 30a -
AN ORDINANCE AUTHORIZING LICENSE REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF THE REVENUE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for license refunds, upon certification of the Commissioner of the
Revenue are hereby approved:
NAME L icense Date Base Penalty Int. Total
Year Paid
Papadropoulos, Dimitrios
T/A Jimmy's Pizza
4600 Player Lane
Va. Beach, VA 23462 1984/85 Audit 388.44
Wess Petroleuip. Corp.
c/o Gary B. Allison, Atty. at Law
1092 Laskin Rd., Suite 112
Va. Beach, VA 23451 1984 Audit 393.25 393.25
Certified as to Payment:
ert P. Vauqhan
Commissioner of Revenue@-
Approved as to form:
J. Date Bimson
This ordinance shall be effective from date of City Attorney
adoption.
The above abatement(s) totaling $781. 69 were approved by the Council
of the City of Virginia Beach on the 21st day of a@-al@-- 13,96
Ruth Hodges Smit h
City Clerk
FORM No. C.A. 8 - 30b -
AN ORDINANCE AUTHORIZING LICENSE REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF THE REVENUE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the foliowing applications for license refunds, upon certification of the Commissioner of the
Revenue are hereby approved:
NAME L icense Date Base Penalty Int. Total
Year Paid
Business Forriis Pssociates, Inc.
T/A Business Forms Assoc.
P. 0. Box 1028
Chesapeake, VA 23320 1984/85 Audit 159.51 159.51
Fire Brand Emergency Vehicles
5004 Virginia Beach Blvd.
Va. Beacli, VA 23462 1984/85 Audit 1,281.45 1,2Rl.A5
Mercury Finance Co. of Va., Inc.
5441 Va. Beach Blvd., S-110
--ch, VA 23462 1985 Audit 942.80 9A2.80
Certified as to Payment:
Xh2C("XI&M Robert
Commissioner of Revenue-
Approv@d as to f
This ordinance shall b@ ffective from date of
adoption.
The above abatement(s) totaling 2,383.71 were approved by the Council
of the City of Virginia Beach on the 21,5t day of --j@@ua@_ , lgq6
Ruth Hodges Smith
City Clerk
- 31 -
Item II-K.A
ADD-ON ITEM # 24840
The City Clerk requested letter of January 16, 1986, to City Council, be
made a part of the record.
This letter indicated the front page of the recently ADOPTED Basic Pay Plan
Ordinance, No. 1568 (Amend and Reordain Chapter 2, Article II, Division 2
of the City Code), was INCORRECT. The correct front page was forwarded to
City Council and will be made a part of the proceedings of December 9,
1985.
,IanuarY 21, 1986
- 32 -
Item II-L.1
UNFINISHED BUSINESS ITEM # 24841
OCEANFRONT VISITOR AND TRAVEL CENTER
The City Manager introduced Jack Whitney, Chief of Comprehensive Planning,
who reiterated additional information requested by Council concerning the
OCEANFRONT VISITOR AND TRAVEL CENTER.
The following was requested by the City Council on December 16, 1985:
1. The status, justification and priority of various municipal
building projects which are affected by this transit project or
can be developed in conjunction with "Option C" as proposed by
TTDC. These buildings entail a Health Department Building, a
Second Precinct Building, a Fire Station/Emergency Medical
Services Building, and Renovations to the Dome. Two of those
four projects are in the current CIP. the Health Department
Building was Priority No. 6 after 12 Building Projects scheduled
for construction in 1989-90. The Second Precinct Building was
prioritized as Number 8 out of 12 Projects with funding in the
years 1991 through 1993. The Fire Station/Emergency Medical
Services Building and the Dome Renovation are considered to be
needed projects but were not funded in the current CIP. The total
amount involved is approximately $8 MILLION. Same would be
possible under OPTION Cto enter into a financial arrangement
with TRT whereby those projects could be financed using the
Bonding Authority of the Tidewater Transportation Commission and
paid for by the City on an annual lease-back arrangement to be
determined.
2. A cost estimate for the Dome Improvements which are necessary
without this project. This information is provided in the
Memorandum of January 15, 1985, from the Office of Analysis and
Evaluation. (Same is hereby made a part of the record).
3. Cost data for Options A and B. These costs, prepared by Parsons,
Brinckerhoff, Inc. are as follows:
"Option A: (1985 dollars)
Demolition $ 45,000
Infrastructure $ 335,000
Hardscape/Landscape $ 500,000
Total $ 880,000
"Option B" (1985 dollars)
Demolition $ 280,000
Relocate Dome $ 200,000
Infrastructure $ 550,000
Hardscape/Landscape $1,620,000
Total $2,605,000
4. The net impact on currently available parking spaces. Parsons
Brinckerhoff, Inc. was requested to evaluate the effect of the
project on parking. The results of their analysis are contained
in the letter of January 7, 1986, from Arnold Rosenberg, Area
Office Manager of Parsons, Brinckerhoff, Quade & Douglas, Inc.,
to Jayne Crowder, Planning Engineer, Tidewater Transportation
Commission. Said letter is hereby made a part of the record.
- 33 -
Item II-L.1
UNFINISHED BUSINESS ITEM # 24841 (Continued)
OCEANFRONT VISITOR AND TRAVEL CENTER
5. A description of those uses and activities presently accommodated
at the Dome. The Memorandum of January 8, 1986, from James B.
Ricketts, Department of Economic Development, provides a
discussion of those activities. (Said memo is hereby made a part
of the record.).
Mr. Whitney advised Jim Echols, Executive Director of the Tidewaer Regional
Transit Authority; Jayne Crowder, Planning Engineer of the Tidewater
Transportation District Commission; Arnold Rosenberg, Engineer, Parsons,
Brinckerhoff Quade & Douglas, Inc. and his assistant; as well as William
Holland from the Department of Economic Development were in attendance to
respond to Council's inquiries.
The following registered their Opposition:
Timothy Barrow, Chairman of the Resort Area Advisory Commission. Michael
Barrett, Assistant City Manager, read Mr. Barrow's opposition and noted
for the record: He was not speaking for himself only reflecting the
opinions of the Resort Area Advisory Commission. The RACC would @ithdraw
its objections, if its suggestions were incorporated into the plan.
Skip Hendrix, President of the Virginia Beach Hotel/Motel Association
Cary Karageorge, Owner of the Holiday Sands Motor Inn
R. W. Chaplain, Owner of Kona-Kai Motor Inn
Russell W. Chaplain, Jr., represented the Kona-Kai
William Chaplain, repesented the Kona-Kai
BY CONSENSUS, City Council SCHEDULED THE OCEANFRONT VISITOR AND TRAVEL
CENTEP, for the City Council Meeting of January 27, 1986.
January2l,1986
- 34 -
Item II-M.1
NEW BUSINESS ITEM # 24842
The City Manager introduced Robert Esenberg, Director of the Risk
Management Division, concerning the City's 1986-1987 Insurance Program.
Mr. Esenberg depicted his presentation with a series of graphs:
AUTOMOBILE LIABILITY - rates and premiums. In 1977 and 1978 a
higher insurance market was in existence. Beginning in 1979,
insurance companies began underwriting for cash flow. Rates thus
begin to drop dramatically. The City's rates went from $272 to
$319 in 1978 and then suddenly dropped to $145. The City's
insurance program matured. In Fiscal 1984, the City was only
paying $44 per car, which has increased to $49 per car.
MARCH RENEWALS - The Staff is predicting that the rates will rise
to approximately $190. Same is based on detail discussions with
brokers and other Risk Managers. If this continues, by March,
1987, the cost will rise to $280 per vehicle. The Staff believes
the rates will rise to approximately $405,000 for the entire
City's Fleet in 1987.
CO@ENSIVE GENERAL LIABILITY - A very similar type of curve
exists there. The chart depicted a composite rate of 84cts per
$100 in 1977 and rose to 95cts and then dropped to 25cts. A low of
7.9cts existed in 1984. This is increasing to 28cts and ultimately to
37cts. The insurance companies are instilling more restrictions to
coverage. If there is not a softening of the market, the Staff
is projecting approximately $345,000 in General Liability.
PUBLIC OFFICIALS LIABILITY - This is an errors and omissions
coverage. This entails all elected and appointed officials,
employees as well as volunteers who have an errors and omissions
exposure. These rates did not drop as rapidly. Rates are
expected to rise. There is an erosion of immunities and there is
an unwillingness of insurance companies to underwrite this type
of business.
FIRE PROPERTY RATES - Rates dropped from 18-1/2cts to 2.4cts per $100
of the value of City buildings. The Staff is expecting this to
rise to approximately 18-1/2cts.
WORKMAN'S COMPENSATION - The City is self-insured up to the first
$200,000 per occurence. These rates are very similar to the other-
areas.
Approximately less than 1% of the total City Budget is expended on the
Total Insurance Program including loses. It is estimated that this figure
will possibly exceed 2% in FY 1986-87.
- 35 -
Item II-M.2
NEW BUSINESS ITEM # 24843
ADD-ON
Upon motion by Councilman Baum, seconded by Councilman Fentress, City
Council named Vice Mayor McClanan and Councilman Louis R. Jones as their
representatives to the Auditor Selection Committee.
Voting: 9-0 *
Council Members Voting Aye:
John A. Baum, Robert E. Fentress, Mayor Harold Heischober,
Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert
G. Jones, Vice Mayor Reba S. McClanan and J. Henry McCoy, Jr.,
D.D.S.
Council Members Voting Nay:
None
Council Members Absent:
Nancy A. Creech and Meyera E. Oberndorf
*Verbal Vote
January 21, 1986
- 36-
Item II-N.1
ADJOURNMENT ITEM # 24844
Upon motion by Councilman McCoy and BY ACCLAMATION, City Council ADJOURNED
the meeting at 8:10 P.M.
Beverly'O. Hooks
Chief Deputy City Clerk
R@th HodgeErSmith, CMC
City Clerk
City of Virginia Beach
Virginia