HomeMy WebLinkAboutAUGUST 2, 1982 MINUTES
"WORLD'S LARGEST RESORT CITY"
CITY COUNCIL
MAYOR LOUIS R. JONES, B.y@id, B .... gh
VICE-MA )'OR BARBARA M. fiEVLEY, P..S. B .... gh
JOI[N A. BAIJM, Blck..I,, B.@.Sh
NANCY A. CREECH. Al L.,g,
HAROLD IIEISCIIOBER, At L.,g,
U. JACK JENNINGS, JR.. Ly..h.@@. B --- gb
ROBERT G. ]ONES. A, L.,g@
W. Ii. KITCIIIN, lit. Vigi.i. B@.,b
REBA S. M,CLAVAN. P,i@c@@@ A.@@ B.,-gb
1. HENRY A]CCOY. JR., K@.p.@ill@ B .... gb 212 CITY HALL BUILDING
MEYERA E. OBERNDORF, Al L.,@ MUNICIPAL CENTER
VIRGINIA BEACH, VIRGIVIA 23456
RUTH HODGES SMITH. CMC, City Cilk (804) 427-4,303
CITY COUNCIL AGENDA
August 2, 1982
ITEM I INFORMAL SESSION: 12:30 p.m.
A. CALL TO ORDER - Mayor Louis R. Jones
B. ROLL CALL O'F COUNCIL
C. MOTION TO RECESS INTO INFORMAL/EXECUTIVE SESSION
D. PRESENTATION/DISCUSSION OF PERTINENT MATTERS
1. Matters for discussion by Mavor.
2. Matters for discussion by Colincil.
E. CITY MANAGER'S ADMINISTRATIVE ITEMS:
1. Allocation of St truction Funds: Discussion.
ITEM 11 FORMAL SESSION: 2:00 p.m.
A. INVOCATION: Reverend Fritz Stegeman
Open Door Chapel
B. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
C. ELECTRONIC ROLL CALL OF COUNCIL
D. MINUTES OF PREVIOUS MEETING:
1. Motion to accept/approve the Minutes of July 12, 1982.
E. PUBLIC HEARING
1. Resort Satellite Communications, Inc.
F. RESOLUTIONS
1. Recognition
a. Rob Sessoms, Athlete
2. General
a. Resolution Concerning City Council Stateinent of Policy
on Seating krrange-ments for the CiLy Council.
ITEM II F. RESOLUTIONS (Cont'd)
2. General (Cont'd)
b. Resolution - HJR 54, Virginia General Assembly: Local
Taxation of Meals and Lodging.
C. Resolution authorizing the City Manager to execute a
lease agreement between Windsor Plaza Associates,
City of Virginia Beach, and Wilkins/Katsias Associates
Realty, Inc. for premises to house the Virginia Beach
Branch Office of the Virginia Employment Cormission.
G. 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. There will be no
separate discussion of these items. If discussion is desired,
that item will be removed from the Consent Agenda and considered
separately.
1. State-Local Hospitalization Contracts:
Virginia Beach General Hospital Bayside Hospital
Louise Obici Memorial Hospital DePaul Hospital
Walter Reed Memorial Hospital Lake Taylor City Hospital
(Gloucester, Virginia) Norfolk Community Hospital
Virginia Beach Public Health Portsmouth General Hospital
Departmetit (CLINIC) Riverside Hospital
All clinic and emergency room University of Virginia
rates Medical College of Virginia
Children's Hospital of Kings Chesapeake General Hospital
Daughters
2. Request of the City Treasurer for tax refunds in the amount
of $15,647.84.
3. Raffle permits:
Virginia Beach Sheriff's Virginia Beach Stars
Association Softball Team
Catholic Daughters of the Virginia Recreation and
Americas Park Society
4. Low bid of Warbler Construction Company, Inc., in the amount
of $875,000, for the Newlight Street/Drainage Improvements
CDA Project; AND, authorize the City Manager to enter into
the necessary agreements for the implementation of this
project.
5. Low bid of A & W Contractors, Inc., in the amount of
$253,897.31, for the Kempsville Road Water Main, Phase II;
AND, authorize the City Manager to enter into the necessary
agreements for the implementation of this project.
6. Ordinance to amend and reordain Paragraph (-f) of the Ordi-
nance leasing to and granting permission to Ocean Owners
Council, Inc. to operate and maintain a bridge across
Atlantic Avenue just north of 40th Street in the City of
Virginia Beach upon certain conditions.
7. Ordinance appointing viewers in the petition of Lands End
Associates, for the closure of a 30-foot wide road crossing
the property of the applicant from Indian Avenue on the east
to the property of Hudgins Brothers, Inc., on the west.
8. Ordinance appointing viewers in the petition of American
Realty Trust, for the closure of the northern 15 feet of
Laskin Road where it adjoins the property of the applicant.
9. Ordi.nance deleting a requirements under the application of
Beechla@,ni Cliurch for a conditi.onal use perinil.
Ll H. PLANNING ITEM
1. Application of G H F rties, Inc., for a c..ditional
use 2ermit for a 20-slip private marina, on a 21.5-acre
i)-arcrl located along the west side of Green hiii Road,
ane (Lynnhaven Borough). (This
'j@) north of Moonraker L
matter was deferred ,ntil today on July 12, 1982.)
Letter from the City Manager transmits the
a. recommendation of the Planning Commission
for oval.
ORDINANCES
1. Appropriatio@
$46,242 for additional
@,tance to transfer funds of
i ins and related appropriations in the City
ttorney's office. (This matter was deferred on
@j,,ne 21 and 28, 1982.)
The City M-ager recommends oval.
b. Ordi@nce to transfer funds of $25,000 within the
rtment of Public Utilities for engineering ser-
r,-es involving the County and Kempsville Utility
systems.
The City M@@ger recommends oval.
on FIRST READING, to appropriate an amount
C. ordin@ce,
of 00,000 to the Chesapeake Beach Volunteer Rescue
aXd Fire Department, Inc. for the purchase of an
to the Ocean Park
"ambulance and an amount of $30,000 se of an
,'Volunteer Rescue Squad, Inc. for the purcha
L/ ambulance and a crash and rescue truck.
The City Manager recommends oval.
2. city code @Ments
ain Article IV, Chapter
a. or@nance to amend and reord
Sections 4-87, 4-88 and 4-89 of the Code of the
c@ity of Virginia Beach pertaining to bingo games
vand raffles.
The City Manager recommends ,,al.
b. ordi to amend and reordain Sections 8-31 and
2 f the Cde of the City of Virginia Beach
@8-3 s for building permits and
p@@taining to permit fee on 8-186 pertaining to
/@lumbing permits; and Secti cian's certificates.
v I general requirements for electri
The City Manager recommends val.
3. General
- creation
a. rlace to authori7.e the purchase of a re
r
t,_ on from Structures of Virginia, Inc. as per
reement dated July 25, 1977 a.d amendment dated
cembe, 17,,@9-81;
AND,
n establishing Great Neck Meadows Park as
@esolutio
capital project.
The City @lanager reco-ends o,,al.
ITEM II I. ORDINANCES (Cont'd)
3. General (Cont'd)
b. Ordinance to authorize a temporary encroachment into
a portion of the right-of-way of Weller Boulevard to
Kempsville Lake No. 1 Partnership.
The City Manager recommends approval.
c. Ordinance to authorize a temporary encroachment into
a portion of the right-of-way of Caspian Avenue to
Gary M. Price, his heirs, assigns and successors in
title.
The City Manager recommends approval.
d. Ordinance authorizing the City Manager to execute an
agreement extending the franchise of the Virginia
Beach Fishing Pier, Inc. for a period of five years
under certain terms and conditions.
The City Manager's letter transmits his request for
authorization to execute the amended agreement.
J. APPOINTMENTS
1. Advertising Selection Committee
2. Citizens Committee to Study Impact of State/Federal
Legislative Actions on City Goverrunent
3. Committee to Review Bid Proposals Rose Hall Francis
Land House
4. Housing Board of Appeals
5. Planning Commission
K. UNFINISHED BUSINESS
L. NEW BUSINESS
M. RECESS: Appointee Evaluation.
N. ADJOURNMENT
1. Motion to adjourn.
M I N U T E S
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
August 2, 1982
The Regular Meeting of the Council of the City of Virginia
Beach, Virginia, was called to order by Mayor Louis R. Jones,
in the Conference Room, City Hall Building, on Monday, 2 August
1982, at 12:35 p.m.
Council Members Present:
John A. Baum, Nancy A. Creech, Harold Heischober,
Vice Mayor Barbara M. Henley, H. Jack Jennings,
Jr., Mayor Louis R. Jones, Robert G. Jones, W. H.
Kitchin, III, Reba S. McClanan, J. Henry McCoy,
Jr., and Meyera E. Oberndorf
Council Members Absent:
None
- 2 -
ITEM #18485
Mayor Jones entertained a motion to permit Council to conduct
its INFORMAL SESSION to be followed by an EXECUTIVE SESSION
for the purpose of discussing the following:
1. PERSONNEL MATTERS: Discussion or consideration of
employment, assignment, appointment, promotion, per-
formance, demotion, salaries, disciplining or resig-
nation 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 instituion
which could affect the value of property owned or
desirable for ownership by such instituion.
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.
V o t i n g 11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober,
Vice Mayor Barbara M. Henley, H. Jack Jennings,
Jr., Mayor Louis R. Jones, Robert G. Jones, W. H.
Kitchin, III, Reba S. McClanan, J. Henry McCoy,
Jr., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
- 4-
CONFERENCES ITEM #18489
Mayor Jones advised that during the Mayor-City Manager Conferences
with individual Members of City Council, Councilman Heischober
suggested that INFORMAL SESSIONS of City Council be conducted in
the Council Chambers which would be more comfortable for those
attending and would allow all business to be conducted in a
larger facility.
The City Manager advised he will bring this matter back to
Council on August 9, 1982 as he has several recommendations
for Council's consideration concerning this matter.
PUBLIC HEARINGS ITEM #18490
Mayor Jones advised that in accordance with State Code Section
15.1-431, the Chair in the future will declare a PUBLIC HEARING
for the presentation of all planning items involving changes of
zoning, conditional use permits and amendments to the Comprehensive
Zoning Ordinance.
APPOINTMENT ITEM #18491
Mayor Jones advised he APPOINTED Donna Ponti to fill the
vacancy created by the resignation of Dorothy C. Estes on
the VIRGINIA BEACH CLEAN COMMUNITY COMMISSION.
SEVAMP REPORT ITEM #18492
Mayor Jones advised Council of the SEVAMP Annual Update in
their agenda package and further advised of their Public
Hearing August 12, 1:30 p.m., Conference Room, Koger Executive
Building 16, Koger Executive Center and asked if any member
of Council planned to attend.
Councilwoman Oberndorf advised she would attend the meeting
and make her presentation to Council on August 9, 1982.
8/2/82
- 5 -
RESOLUTION ITEM #18493
Mayor Jones advised Council of a Resolution on the FORMAL
AGENDA urging the General Assembly NOT to impose any ceiling
on or eliminate any local revenue sources in the taxation of
local meals and lodging unless they are replaced with equal
or greater revenue sources.
Mayor Jones asked if any member of Council planned to attend
the Public Hearing in Richmond, August 11, 1982. Mayor Vincent
J. Thomas and Sam Barfield, Commissioner of the Revenue, from
Norfolk will attend.
Councilman Jones will make every effort to attend the meeting
in addition to Mayor Jones. Councilwoman Oberndorf advised
she will attend if possible.
BURTON STATION ITEM #18494
Mayor Jones advised Council of a letter received from Robert
Knight, Burton Station, requesting an appearance before City
Council regarding a "non-conforming use" in the industrial
district. Mr. Knight has been referred to the proper
administrative office to apply through the proper channels.
WIDENING/KEMPSVILLE ROAD ITEM #18495
Mayor Jones made reference to a letter received from the
City Manager advising the State Highway Department has
scheduled a public hearing for the widening of Kempsville
Road, Phase II, (Indian River Road to Centerville Turnpike)
for Wednesday, September 29, 1982, at 7:00 p.m., in the
Brandon Junior High School auditorium.
The State has requested the City arrange to have an elected
official attend the hearing and speak in support of the
project, since Virginia Beach requested the improvement
by Resolution and is participating financially in the
construction.
Councilman Jones and Dr. McCoy will attend the public hearing
in behalf of the City of Virginia Beach.
- 6-
CANCELLED MEETING ITEM #18496
Mayor Jones advised that in previous years City Council has
cancelled its regular meeting on the Third Monday in September
to allow members to attend the Annual meeting of the Virginia
Municipal League. This year the VML will be held in Virginia
Beach and Mayor Jones requested the Council's pleasure on the
matter.
By consensus of Council this matter will be voted on during
the FORMAL SESSION under NEW BUSINESS.
M A T T E R S B Y C 0 U N C I L M E M B E R S
REPORT/FALSE CAPE STATE PARK ITEM #18497
Vice Mayor Henley advised a "more polished copy" of the
False Cape State Park Report has been received. Secretary
Deiner will meet with Council to discuss the matter further
and Vice Mayor Henley suggested the dates of either the 13th
or 20th of August (both on Friday), 9:30 a.m., at False Cape
State Park.
It was the consensus of Council to request a meeting with
Secretary Deiner for Friday, August 20, 1982, at 9:30 a.m.,
in False Cape State Park.
"SHALLOW DRAFT BOATS" ITEM #18498
Councilman Jennings voiced his concerns on the access to
False Cape State Park and asked if the ..shallow draft boat"
solution had been considered and, if it had, would like to
have a copy of the discussion.
Councilman Jennings asked if the Council would be asked to
endorse/support any solution from the Governor's Task Force
Report.
REFUND/MAYOR'S CONFERENCE ITEM #18499
Councilman McCoy presented a refund check to Mayor Jones
from the U S Conference of Mayors in the amount of $250
as he was unable to attend the June Conference. The
check represents the full refund of the Registration Fee.
- 7 -
POSEIDIA INSTITUTE ITEM #18500
Councilman McCoy requested legal advice as to the
possibility of Poseidia Institute meeting with Council
Members during an EXECUTIVE SESSION.
Councilman Heischober suggested this matter be deferred
to the EXECUTIVE SESSION for discussion.
Councilwoman McClanan advised the matter was in litigation.
The City Attorney requested he and his assistants be
permitted to meet with Poesidia Institute and report
back to Council with recommendations.
This matter was referred to the City Attorney for
recommendations
HUNT CLUB ITEM #18501
Councilwoman McClanan advised Council of the request from
Mrs. Nancy Warren to utilize the Hunt Club on London Bridge
Road as a "Bed/Breakfast" establishment and suggested
perhaps the Planning Department can develop a zoning district
for Council's consideration.
This matter was referred to the City Manager/Planning
Staff for recommendations to Council.
PAPER WORK ITEM #18502
Councilman Baum requested Council be presented with less
paper work in their Agenda packages.
REGIONAL/CULTURAL ACTION PROGRAM ITEM #18503
Councilwoman Oberndorf made reference to a letter from
the President of the Arts and Humanities Commission
regarding the City participating in a Regional/Cultural
Action Program. The City's share of the Program would
be $7,000.
This matter was referred to the City Manager for recommendations
to City Council.
-8-
VML LEGISLATIVE COMMITTEE ITEM #18504
Councilman Jones advised he and City Attorney Bimson attended
the Virginia Municipal League meeting on July 22, 1982 to
advocate for Legislative changes and to determine priority
items.
Councilman Jones advised there are there things he would like
to share with Council:
1. Mayor Vincent J. Thomas, Norfolk, is spearheading
the Committee for Intergovernmental Tax Equity (CITE).
The City of Portsmouth is providing $20,000 in funds
and the City of Norfolk $20,000 to $25,000.
2. New Federalism whereby the Federal Government
mandates to the State who in turn passes this onto
local municipalities. The local municipality quite
often has to "pick up" the lack of funding and
assume the responsibilities. There have been 70
areas identified as State Mandated. The VML will
make its report before the General Assembly prior
to January 1983.
The Citizens Committee to Study Impact of State/
Federal Legislative Actions on City Governments is a
natural tie-in for the Joint Legislative Audit and
Review Commission (J LARC).
3. On Friday, August 6, 1982, there will be a
Study Committee of the Virginia Highway Commission
workshop concerning the allocation of funds. It
is important the City of Virginia Beach attend the
meeting to request additional funding for Virginia
Beach.*
ATTORNEY'S OFFICE ITEM #18505
Councilman Kitchin advised the City Attorney was requesting
an appropriation for additional personnel in his office due
to Court requests and at the same time the Council is
requested to pay the Public Defender $30.00 for each case.
*Mayor Louis R. Jones, Councilmen Robert G. Jones, and
J. Henry McCoy, Jr., will attend the meeting.
B/ 2 /82
- 9 -
VPI EXTENSION ITEM #18506
Councilman Kitchin advised Council of a study through
the Department of Agriculture (VPI Extension Service)
as there could be some problems in the implementation
of that program.
OLD BEACH AND VIRGINIA BEACH
WHAT KIND OF FUTURE?
May 1982
LETTER/POLICE ARRESTS ITEM #18507
Councilman Kitchin made reference to a letter from Melvin
A. Koch, President of the Tourist Bureau, advising the
Council of several complaints hotels have received con-
cerning eating on the beach and grass area, bicycles on
the boardwalk, sidewalks and streets, and drinking in
public.
Mr. Koch also included in his letter to Council a letter
mailed to Chief Wall.
LEGISLATIVE PACKAGE ITEM #18508
Councilman Jennings requested the Legislative Package be
prepared early to permit Council to thoroughly discuss
the Package and advised perhaps the Package could be
presented to Council in September or November.
C I T Y M A N A G E R ' S A D M I N I S T R A T I V E I T E M S
JLARC ITEM #18509
The City Manager advised that the City's 1982 Legislative
Package included a recommendation for changing the existing
formula for distribution for state highway construction funding.
Presently, the Joint Legislative Audit and Review Commission
(JLARC) is studying the current statutory provisions for
allocating highway funds. This study is a result of the City's
efforts to change the formula. A public meeting will be held
by JLARC on August 6, 1982, in the Norfolk City Council Chambers.
Councilwoman McClanan advised one of the problems Virginia Beach
faces is when highway funds are allocated the Norfolk-Virginia
Beach Toll Road is included in the City's funds thereby making
Virginia Beach's share seem higher than it actually is.
-10-
COX CABLE ITEM #18510
The City Manager advised he will be presenting all information
requested by Council Members concerning Cox Cable during the
INFORMAL SESSION of August 9, 1982.
PUBLIC HEARIN@SC ITEM #18511
The City Manager advised Council of the Public Hearing
regarding Resort Satellite Communications request for
an expansion of their existing franchise to construct,
operate and maintain a CATV system within the City of
Virginia Beach to include all of the Beach Borough,
plus 19th Street to Pavilion.
City Council recessed into EXECUTIVE SESSION, (1:28 p.m.)
-11-
F 0 R M A L S E S S I 0 N
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
August 2, 1982
2 : 10 p m.
Council Members Present:
John A. Baum, Nancy A. Creech, Harold Heischober,
Vice Mayor Barbara M. Henley, H. Jack Jennings,
Jr., Mayor Louis R. Jones, Robert G. Jones, W. H.
Kitchin, III, Reba S. McClanan, J. Henry McCoy,
Jr., D.D.S., and Meyera E. Oberndorf
Council Members Absent:
None
INVOCATION: Kenneth Huber
Open Door Chapel
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
- 12 -
M I N U T E S
ITEM II-D.1 ITEM #18512
Upon motion by Councilwoman Oberndorf, seconded by
Councilman Baum, City Council voted to APPROVE the
Minutes of the Regular Meeting of 12 July 1982.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober,
Vice Mayor Barbara M. Henley, H. Jack Jennings,
Jr., Mayor Louis R. Jones, Robert G. Jones, W. H.
Kitchin, III, J. Henry McCoy, Jr., D.D.S., and
Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Abstaining:
Reba S. McClanan
Council Members Absent:
None
- 13 -
P U B L I C H E A R I N G
ITEM II-E.1 ITEM #18513
Mayor Jones announced the PUBLIC HEARING: RESORT SATELLITE
COMMUNICATIONS-Application for an expansion of existing
facilities/franchise to construct, operate and maintain
a CATV System within the City of Virginia Beach (Virginia
Beach Borough and extending to 19th Street at the Pavilion).
Mrs. Alice Mullen, President of Resort Satellite Communications,
Inc., spoke in behalf of the request for expansion.
Attorney Brantley Basnight, represented the applicant.
There being no other speakers, Mayor Jones declared the
Public Hearing closed.
ITEM #18514
RESORT SATELLITE COMMUNICATIONS
Councilwoman Oberndorf made a motion, seconded by Councilman
Jones, to allow Resort Satellite Communications, Inc., to
expand their existing franchise.
DISCUSSION: Proposed Expansion of Franchise.
Councilwoman Oberndorf WITHDREW her motion and Councilman
Jones withdrew his second to that motion.
Upon motion by Councilman Heischober, seconded by Councilman
Jennings, City Council acknowledged the need and voted to
allow Resort Satellite Communications, Inc., to expand their
franchise in the Virginia Beach Borough and to 19th Street
at the Pavilion, BUT that need not necessarily be confined
to any future activity.
Voting: 11-0
- 14-
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober,
Vice Mayor garbara M. Henley, H. Jack Jennings,
Jr., Mayor Louis R. Jones, Robert G. Jones, W. H.
Kitchin, III, Reba S. McClanan, J. Henry McCoy,
Jr., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
- 1 5 -
R E S 0 L U T I 0 N S
ITEM II-F.I.a ITEM #18515
The City Clerk advised Council that Garland Payne, Vice
Chairman of the Parks and Recreation Commission asked
the City to recognize Rob Sessoms for his athletic
achievements.
Garland Payne introduced Rob Sessoms who was selected as
one of eighteen (18) high school baseball players in the
Country to represent the United States Olympic Baseball
Federation at the World's Fair.
The following appeared with Rob Sessoms:
Robert Schmidt, Bayside High School Baseball
Coach
Mr. and Mrs. Nick Sessoms (Mr. Sessoms is a
City Employee)
Upon motion by Councilwoman Oberndorf, seconded by Councilwoman
Creech, City Council voted to ADOPT the Resolution in
Recognition and present same to ROB SESSOMS.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober,
Vice Mayor Barbara M. Henley, H. Jack Jennings,
Jr., Mayor Louis R. Jones, Robert G. Jones, W. H.
Kitchin, III, Reba S. McClanan, J. Henry McCoy,
Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
RESOLUTION IN RECOGNITION
WHEREAS, the United States Baseball Federation (USBF) is the
national governing body for all amateur baseball in the United States
Olympic Committee and sponsored the 1982 ilorld's Fair Baseball Cham-
pionships with the theme, "It's a SMall, Small World";
WHEREAS, lbb Sessoms, 1982 graduate of Bayside High School
was the Virginia representative on the eighteen-man USA team which
competed in the first ever World's Fair Championship play-offs and
picked as the USA Tbam's utility infielder. The selection was made
by a computer sorting thousands of naines recommended by selected high
schc>ol and college coaches as well as pro scouts of athletes who were
19 and under high school seniors;
WHEREAS, the World's Fair Thurnanent was a four-team Round-
Robin Championship composed of teams frorft Mexico, Australia, Japan and
the United States June 23-27, 1982, in Knoxville, @nnessee;
WHEREAS, @b played shortstop and second baseman at Bayside,
he spent most of the World's Fair tournament as the designated hitter
for the United States. Of seven games, he started six and got a hit
in each one. His biggest game was a 2-for-3 effort against AuStralia.
In the championship game, he collected a double as the USA topped Japan
10-4. For the tournament, he scored 8 runs and stole 6 bases;
WHEREAS, among the leading players on the USA @am, @b
batted .368 and led the USA to the Gold Medal; and
WHEREAS, Ebb Sessoms shared this honor, he has many of his
O%lm. He is the only son of Mr. and Mrs. Nick Sessoms of Virginia Beach,
whose father is a city employee with Parks and Recreation. At Bayside,
he was a 3-year Letterman in basketball; voted the Most Valuable Player
in both basketball and baseball; one of the eight athletes "most likely
to succeed" in sports in Tidewater; and, he took the position of short-
stop in the First @am All Beach District and the First @am All Stars
in Tidewater. Most recently (July 14) he played on the East-West All
Star Baseball Team in Blacksburg. He has been accepted at Old Dominion
University with a full baseball scholarship.
NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City
Council recognizes
ROB SESSOMS
for his athletic achievements and pay tribute to him for his role in
bringing national recognition to the City as Virginia Beach's represen-
tative in state and national amateur baseball competition at the first
World's Fair Championship Games.
BE IT FURTHER RESOLVED: That this framed Resolution be pre-
sented to Rob Sessoms and the Clerk of Council be directed to inco@rate
a copy in the proceedings of this Formal Session of the Virginia Beach
City Council.
Given under my hand and seal this Second
day of August, Nineteen Hundred and
Eighty-Two.
Mayor
- 1 7 -
R E S 0 L U T I 0 N S G E N E R A L
ITEM II-F.2.a ITEM #18516
Upon motion by Councilman Baum, seconded by Councilwoman
Creech, City Council voted to ADOPT the Resolution concerning
City Council Statement of Policy on Seating Arrangements for
the City Council
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober,
Vice Mayor Barbara M. Henley, H. Jack Jennings,
Jr., Mayor Louis R. Jones, Robert G. Jones, W. H.
Kitchin, III, Reba S. McClanan, J. Henry McCoy,
Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
.REQUESTED BY: COUNCILMEN JOHN A. BAUM AND HAROLD HEISCHOBER
RESOLUTION CONCERNING CITY COUNCIL
STATEIENT OF POLICY ON SEATING
ARRAIIGEMENTS FOR THE CITY COUNCIL
WHEREAS, The Code and Charter of the City of Virginia
Beach are silent concerning the seating of Council Members in
the Council Chambers; and
WHEREAS, pursuant to Section 2-42 of the Code of the
City of Virginia Beach which states that in the absence of written
policy the rules of parlimentary procedure shall govern; and
lk'MREAS, the rule of parliamentary procedure was
adopted by the City Council of the City of Virginia Beach in
1963 and carried forth from that point regarding the Council
seating arrangement, and
WHEREAS, the previous seating arrangement, set by
precedent, called for the Chairman to be seated in the center
with five members oi each side in order of seniority on both
--ides, and
WHEREAS, the Mayo r, elected on July 1, 1982, wishes
to change the existing seating procedure to one that is more
suitable to his needs and desires.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE
CITY OF VIRGINIA BEACH, VIRGINIA:
That the Council of the City of Virginia Beach confers
upon the aforementioned Mayor the authority to rearrange the
seating of Council Members as he so desires.
JDB:jh
7/28/82
- 19-
ITEM II-F.2.b ITEM #18517
Upon motion by Vice Mayor Henley, seconded by Councilwoman
Oberndorf, City Council voted to uphold the recommendation
of the City Manager and ADOPT the Resolution urging the
entire General Assembly NOT to impose any ceilings on or
eliminate any local revenue sources (meals and lodging)
without replacing them with equal or greater revenue
sources.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober,
Vice Mayor Barbara M. Henley, H. Jack Jennings,
Jr., Mayor Louis R. dones, Robert G. Jones, W. H.
Kitchin, III,* Reba S. McClanan, J. Henry McCoy,
Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
*Councilman Kitchin requested to qualify his vote "not to
be misconstrued as in favor of the House Joint Resolution".
20 -
R E S 0 L U T I 0 N
WHEREAS, local governments in Virginia rely totally
upon State authority to raise local revenues, and
WHEREAS, equity and fairness in municipal tax levys
are dependent upon the variety of revenue sources
available, and
WHEREAS, the Virginia General Assembly has placed
ceilings on certain local taxes such as the business
license tax and the consumer utility tax, and
WHEREAS, a joint subconunittee of the General Assembly
is currently studying local taxation of meals and lodging
with an eye towards eliminating or capping that tax source,
and
WHEREAS, local governments in Virginia need more
flexibility from the General Assembly in raising local
revenues rather than further restrictions of existing
taxing powers.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF
THE CITY OF VIRGINIA BEACH, VIRGINIA: That the joint
subcommittee studying local taxation of meals and lodging
and the entire General Assembly are urged not to impose
any ceilings on or eliminate any local revenue sources
without replacing them with equal or greater revenue
sources.
BE IT FURTHER RESOLVED: That Members of City Council
and the city administration are authorized to express
this concern to the joint subcommittee and the General
Assembly.
Given under my hand and seal this 2nd day of August,
1982.
Louis R. Jones
Mayor
City of Virginia Beach
- 2 1 -
ITEM II-F.2.c ITEM #18518
Upon motion by Councilman McCoy, seconded by Councilwoman
Oberndorf, City Council voted to uphold the recommendation
of the City Manager and ADOPT the Resolution authorizing
the City Manager to execute a lease agreement between
Windsor Plaza Associates, City of Virginia Beach and
Wilkins/Katsias Associates Realty, Inc., for premises to
house the Virginia Beach Branch Office of the Virginia
Employment Commission;
AND, ADOPT the Ordinance to transfer funds of $8,250 for
the Virginia Beach Branch Office of the Virginia Employment
Commission.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober,
Vice Mayor Barbara M. Henley, H. Jack Jennings,
Jr., Mayor Louis R. Jones, Robert G. Jones, W. H.
Kitchin, III, Reba S. McClanan, J. Henry McCoy,
Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
22-
A RESOLUTION AUTHORIZING THE CITY
MANAGER TO EXECUTE A LEASE AGREEMENT
BETWEEN WINDSOR PLAZA ASSOCIATES, CITY
OF VIRGINIA BEACH, AND WILKINSIKATSIAS
ASSOCIATES REALTY, INC. FOR PREMISES
TO HOUSE THE VIRGINIA BEACH BRANCH
OFFICE OF THE VIRGINIA EMPLOYMENT COMMISSION
WHEREAS, there exists a strong need in the City of
Virginia Beach for a branch office of the Virginia EMployment
Commission; and
WHEREAS, the City of Virginia Beach, Virginia, desires
to provide the office and rolated facilities for a Virginia
Beach branch office of the Virginia Employment Commission; and
WHEREAS, the Virginia Employment Commission has agreed
to provide the personnel and equipment to operate a local office
at the aforesaid location; and
@7HEREAS, the City staff has negotiated the terms of a
lease with Wilkins/Katsias Associates Realty, Inc. a copy of
which is attached hereto labeled aS Exhibit A, for the premises
located at 166F South Rosemont Road to be used for such purpose;
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE
CITY OF VIRGINIA BEACH, VIRGINIA:
That the City Manager of the City of Virginia Beach,
Virginia, be, and he hereby is, authorized to execute a lease
agreement acceptable as to legal form by the City Attorney, with
Wilkins/Katsias Associates for the above-referenced premises
for the purpose of providing office facilities for the Virginia
Employment Commission.
Adopted by the Council of the City of Virginia Beach,
Virginia, on August 2 1982.
RHM/cb
7/22/82
(2)
31-
AN ORDINANCE TO TRANSFER FUNDS
OF $8,250 FOR THE VIRGINIA BEACH
BRANCH OFFICE OF THE VIRGINIA
EMPLOYMENT CO@SSION
WHEREAS, the Virginia Employment Commission (VEC) closed its
office in Virginia Beach due to cutbacks in the federal budget, and
WHEREAS, VEC officials have developed a proposal to reopen an
office in Virginia Beach with the condition that the city provide
office space and utilities, and
WHEREAS, suitable office space has been found on Rosemont Road
at a cost of $500/month for rent and an estimated $250/month for
utilities for a total cost of $8,250 for the remainder of the 1983
fiscal year, and
WHEREAS, City Council desires to provide this office space
for a Virginia Beach branch office of the Virginia Employment
Coimnission,
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BF-ACH that funds of $8,250 be transferred from the General
Fund Reserve for Contingencies to the Department of General Services
to provide for office space and utilities for the Virginia Beach
branch office of the VEC.
This ordinance shall be in effect from the date of adoption.
Adopted by t@e Council of the City of Virginia Beach, Virginia
on the day of 19
23-
EXHIBIT A
Agreement
IS LEASE, made this day through the full te- of one (1) year(s)
July 82 as above specif-ied. The Common Are3s and Demi!Cd
f 19 -by and between Premise!; shall be deemed Teady for -enant's
Windsor Plaza Associates possession, use and occupancy, ard the tenn of this
lease snd the payment of rent hereunder shall com-
ereinaft,er called "Landlord," mence %Yhen the Common Areas and Delnised
city of Virginia Beach, a Premi-kes are substantially completed, and Agent or
Landlord's authorized representative shall have given
inunicipal corporation Tenant ten days written tiotice that it he.&, or within
treinafter called "Tcnant," and ten days will have the Common Areas and Demised
lkins/Ka-l@,ias Associates Realty, Inc. Premises s@bstan,ially conipieted. An),tl)ing in the
reinaft,er called Agent.'@ --- foregoing to the contr@ not-%vi@tanding, tile tcrm of
this lease shall coininence no later than the occupancy
ITNESSETH:' of the Demi!sed Premises b3, Tenant.
REMISES USE
rst -Landlord does hereby letise to Tenant and Third - The Demised Premises are to be used for
nant hereby leas" from Landlord the following Virginia Employment Comm-l'ssjon
ace, lieteinafter called tlie "Demised Premises," in
at certain off-ice building known as Virginia Beach Branch Offi_ce
nd located at I 66F Sc)ut.h Roseinont Road and for no other butiness or purpose widiout the wr"t-
t,en consent of Landlord.
Virginia Beach, VA 23452
ereinafLer called the "Building": RENT
nd containing approximately 1,000
Fourth -The reat for the Demi@ Premi3es f-ball bc
quare feet. 3 6,000.00 per year, payable in
month)y installments of s 50c) . 00 -each,
in advance on thc first day of etch mo.'Ith during tlie
GETHER with- the appurtenances, including, tt!rm hereof, or any rcnewtls, without derr,&nd therefor
thout limitation. the right, in comriion with othert, being made, at the office of Arent or ftt i;uch other
use for the respective purposes for which they are in. place as'Landlord shp.11 direct in @riting. If tlie ter m of
nded. a, elek-&&A this leare begins on a date other than cn the first dny
ublic and se,"ce portions of the buildin' of a month, rent from such date until Llie iirst day of
g wliich Land. the following month Lhall be prorated and payable in
,s Tenants and invitees are permitted to use advance and the @rm of this lense sliall commence on
treinaft.er collectively called "Common Areas").. the i-@t day of the month following that in which
possession is given.
R.M
c!cond - This lease shall be for a term of RENEWAL
one (1) year(s) Fifth - Uni@-, ni ler,t --- 2inet,,, (90) (9avs
August 1, 1982 prior to Lhe end of tlie orif,'inal or any renewal term of
this @se. Landlord gives 'I"enant or -i-enant gives
nd ending JulY 31, 1983 Landlord notice of an intention to permil. this ),!nse to
ut if the Dernised Premises and the Common Arens expire on its expiration date, @s leatt shall contintie
e not availnble OT read), for Tenant's pos-,estion, use in effect st the rental and subject to all t-he co-.,enEnLi,
lid D-upancy on ti@e datt nbc,ve mentioned its the c:ondition3 and pro%isions hcrein conlained. o,-i a
ginriing dute- of Lhe tl-rm, then, beginning on ti@e fint motiLh-to-month basis, until tennini@lrd t;i ntov@
"Y of Lbe f-i@t rnonth folio-iiig whic)i thc Common provided. La!-,dlord or Agent slii)l lln%,c tlie igi,t tub.
reas and l)-cmised Preinises shall be ready for sequent to any stich notice or terTninFLion to trittr LI)e
tnant's pos,%c-@ion. use and occupancy. nnd exttnding Demised f'rernises st rent;onab;e times for tlie purtos,
24-
in writing
of showing the sarrie to prospective te 'h@,lI 'h,,,rwi.,e Clect a, lierein;xfter shiiii
"I", , h ,aric %%ith reasoii,,ible disl)at,,h ilft,,@r 1),-ing
ALTERATIONS @l,(.Ilzlllt ,f sticit (litniige. "ex(.Itl(lillg in-
velitor)' of ativ t)'I)c, les.,e(-'s fixtur" & ftiri)ittir(- iiiid
1)rol)crtN- iii tht- (are, aiiii ,f tli,
Sixth - Te-iant co%-enant,,; that it will lessee." . If tlie (lamage is ,uch that the I)eiiiise(i
alterations, ad(liti()ns or iinl)roveinents to tlie Demised Premises are reii(ierecl tilit(@tl@itital)le, I)ttt are, iien,er-
1'remises withotit I,andior(I's prior written consent theless, rel);iii-e(i [)y Littidl,)i(l. the reiit sli:ill !)e
fi@@iig ;t@ i !ii!kb, 1 It@ c(luital)ly itl)iited, a(-(oi-(Iing t,) I(,s, ,f f(,r tht-
th GoAt FR@ ;kifi; t@, i"'141 t 'ii,i 1)erind (itiriilg whicli the I)eiiii.,ed Preiiii,,@., ,Iiiill
ol;@;Q; s ea: PA;RR&4 1, arid all such beeti untetiantal)le; provi(lefl, however, tli@@t if sticii
alterations, additions and iinl)roveinents shall become daninge is catised by the negligence or iml)),(,I)er coll-
the propertv of Landlord tnd shall be surrendered duct of']'etiaiit, its ageiits, enil)l,)-%lees, or iii%,itee,. tlit@re
along with tfke Demised Prenii.@s at tlie exl)iration or shall be iio sti(-h al).iteiiient tinless I.an(lior(i tc)
earlier termination of this Lease. termiiiate tliis Lease, as hereinbelow I)r,)%,i(ivd. If
Landlord, in its s()Ie discretioil, sliall decide, Nvithiii a
reasoiiable tinic after tlle OCCL]i-reiice of ati@, stich t@ire
TENANT'S REPAIRS or other cagiialty (even tliotigh the Demise(i 1'reillises
inay not have beei) affecteci by stich fire or casualtv),
Se.venth - Tenant coveninl, that during @,he term it to (iemolish, rebliil(l or recoii.triict the Bilil(ling con-
will take care of the Demise(] Premises and tlie fixtures tainiiig the Deniised Pien)ises, then, ul)oii writteii
and equipment therein and, at its sole cost and ex- notice given by l,aiidlor(I to Tenatit, this Leae stiall
pense, keep the same in good condition and repair trmin6te oti a date, at least niiiet,, (90) da)-s hetice, t(,
throughout the term, making such replacements as be specified in such iiotice as if sai(i (late had I)een
ma.N, be necessary, and at the expiration of tlie term originally fixeci as the expiratioti date of tile term
remo%,e an%, iti@tallations or inil)rovenients it made liereof, atid tlie reiit shall be a(ljtisted as f tlie tin)C (,f
wl)ich Lan(liord wi1/2hes removec',, and deliver up the the occurrence of such fit-e or ,ther No
Demised Premises iii as good order and condition as clamages, coiiil)ensation at)d clainis shall t)e 1)ayable
tlie saine were in at the time possession thereof was by Landlord foi- inconveiiietice, ](,ss of busiiless ()r all-
delivered to Tenant, ordinary wear and tear excepted' noyance itrisitig from afiy repait- or restorati(@n ,f atly
All installations, repairs, restoratiolis an(i portion of tlie I)eniise(I Pi-(!niises, or of tlie IIL]il(liilg,
replaceinents shall be equal iii quality to the original 1)rovicleil th.,it Lati(liord sliall use iLs best eff,)rt, t() ef-
work. fCCt SLIch rel)air or restoratioii prt)rnl)tly ati(I iii such
mantier as not to utireasoiiably interfei-e 'A-ith
1'eiiaiit's occul)ancy.
LANDLORD'S REPAIRS CONDEMNATION
Eighth - Latidlord sliall, at its own cost and ex-
pense, make such repairs and alterations to and Tejith - In the event the 13uilding, incilidilig the
replacements of the Common Areas and the structure, Deinised Premises, are taken in condemliation for
roof and exterior, of the Building as sliall be public use under the power of eminent doinaiii or sold
reasonably iiecessary,for Tenant's occupancy of, and pursuant to tllc tlireat of such takijig, this Lease shall
conduct of business in, the Demised Premises and use fully terniinate on the date of such taking. 'I'iie cntire
of the Common Areas, unless the need for such repairs award made for sucli taking shall belong to Landlord,
is occasioned by the negligent or willful act of Tenant, it being agreed that Tenant shall have no right what-
its agents, employees or invitees, in which event such soever to claim damages or to share in the award niade
repairs shall likewise be made by Landlord but shall for such taking. Tenant shall have no claiiii against
be ch-arged to Tenant. Anything iii the foregoing to the Landlord for the value of any unexpired term of the
contrary notwithstanding Landlord shall have no Lease or renewal term, but the rent shall I)e at)ated as
lial)ility for damage or injury to person or property as of the date of such termitiation.
a result of its failure to make any such repair or
replacement unless, within a reasonable time after
being n tified by Tenant of the need therefore, LANDLORD'S LIABII,ITY
Landlord sliall have failed to make such repair or
replacement and such failure shall not have been due Eleventh - Landlord or Agent shall tiot be re-
to. an@, cause beyond Landlord's control, including sponsible for any latent (lefect in, deteriortiti(@ll of, or
without limitation, strikes and inability to obtain chatige in the con(litioii of, tlie 13uil(litig )r 1)@iiiise(i
materials or equipment. Laticilord, its agents, em- 1'remises, or ft)r aiiy (laniiige resultilig tlleret'r(,ni,
ployees and coiiti'actors, shall have the right, at any wliether to 1)erson or proi)erty. Landlord or Ag,@iit shall
time, and from time to time, to enter the Demised not be liable for loss of any prol)Crty of l@enant, (iLs
PremiFes for the purpose of inspect;oii or for thL pu,- agezit,@, sen-atits, ernl)IoN,e", o, i(-
pose of inakiiig any of tile aforesaid rep airs or theft or iiiisl)laceiiietit. Laiidlord or Ageiit hiill rl(,t I)e
rei)lacements. 'renant stiall not be etiticleli to any iiaule toi ally (letilli, iiijui-y, loss or daiii@ige to 1)ersotis
redii(,tion in rent, or any claini for damages, by reasoii or I)roperty liowsoever callwd, wliether (%%,ithout
c-f aiiy incon%,eniences, annoyance, injury to blisiness or limitation) caused by or restiltiiig from falliiig 1)laster,
],).,s ,f tiittiral liglit or %,eiitili@tion arising otit of any or 1,@;xk@ig,@ iii)(,ii ,r iiito tli(@
r@@I)airs, alteratiotis, (,r l,nii(]- litiii(iiiig or I)ciiiis(@(i l@till.
1,@r(I to tliis steniii, glis, or ,r )r ,I).
ii) writing strilt,ti(,Il @)f J)il)(,s )r t)(ii(,r
injilry, ]ob1/2@ )r (1:11nllg(,
Flit E neglig(-ti(,e or willftil itcl ,i ,l
ciiiiiiierati(,ii, iii tliis i'itriigt,iil)ll, of I,,i-
Ninth ,,,e (,f (,f (@it- 1're - I,zi ii,i I,, i (i o i A g (- I I t sli;, I 1 1 1I,(. I i it 1) I,- i, 1
2 5 -
d aII
of iny of -he Landlord's or Agent's obligations I,r,,d,r iiclirred therefor, including a reasonable attonity's
Lease. fee. Tenant shall pav ti "late charge" of 315.00 on any
rent installment or additional charge wlien paid mote
LANDLORD'S SERVICES than 10 days after the due date thereof.
Twelfth - 41
4-4w". WAIVER
tomary janitorial and cleani@n y
throug F@ri L@-wtra@e elect:ricity not to exceed 50 Fifleenth - The failure of Landlord, in any one
-P,- @. Landlord will fur. or rnore instances, to insist upon strict observance Of
nish. upon t-he commencement of Llie term hereof, el--C. any term, covenant, condition or provision of this
@c light bulbs for the lighting fixtures installed by it Lease. shall not be deemed a waiver of such or any
in the L)emised Premises, and thereafter any necessary other terni, covenant, condition or pro@ion of this
replacement of such bulbs shall be made by and at the Lease.
expense of Tenart. Tenant shall not use any method of
heating or cooling the Demised Premises other than
@that provid-ld by Landlord. Landlord reseres the right
to interrupt, curtail or suspend the services required to ASSIGNMENT
be furnished undor this Paragraph when the necessity
or advisability therefor arisas by r3abon of accident, Sixteenth - Tenant will not, . witliout the prior
emergency, mechanical breakdown, tlie requirement of written con3ent of Landlor'd'assign, ttansfer, or en-
any authority having jurisdiction, or for - any other cuml@er this Lease or sublet all or any pat-t of the
cause beyond the control of Landlord. In the event of Demised Premises. Any consent by Landlord to 'Iny act
int4rruption or ru@pension of any such sarvices, Land- of aasigntnent or subletting shall be lield to apply only
lord &hall use due dili@ence to restore such ser%ices to the specific transaction thereby authorized, and such
with reasonable dispatch, but aliall not have any consent shall not be construed as a waiver of Lhe dury
responitibilif.y or liability for the interruption or of Tenant to obtain such consent to any other tissign-
suspension of any such "rvice unlm ouch interruption ment or subletting. Any violation of any orovision of
or suspension is due to Landlord's own willfiil act and @ Lease, whether by act or omission, by any assignoe,
no abatement of rent shall be allo@7ed Tenant as a subtenant or other occupant under Tenant, shall be
result tliereof nor shall this Lease or any of Tenant's deemed a violation of such provision by Tenant.
obligations be in any way affected thereby.
UNLAWFUL USE MARGINAL HEADINGS: PRONOUNS AND
NOUNS
Thirteenth. - Tenant covenants that it will comply
wit.h all Federal, State or rnunicipal laws, or. Seventecnth - Erch marginal feading signi-
dinances and regulations relating to tlie Demised fying the content of a Paragraph of this Lease is
Premises, or the u--e conducted tl,.erein, and that it will for convenience only and is not part of this Lease or a
not knowingly do or permit to be done nny act or thing limitalion of the scope of such PatagTaph. Each
in the Demised Premises which will invalidate or be in pronoun uzed in this Lease shall be construed as of
conflict with the terms of the fire insurance policies such number and gender, and the word "Tenant" shall
covering the Building o'r whirh will incroase the rate of be construed as of such number, as the context may
rjre and/or liability inaurance. require.
DEFAULT
SUBORDINATION
Fourteenth - In the event of Tenant default for a
period of ten (10) days in paying any installment Eighteenth - This Lease is subject ald subordi-
rent due hereunder, additional charge, or in per- nate to all ground or underi3ing leases and to all
forming any of the terms, covenants, conditions and mortgages or deedq of trust whicli may now or here-
provisions hereof binding upon Tenant, or in the event after affect such lease-9, the Building or the land on
Tenant goes into bdnkruptcy, voluntary or involun@, which the Building is situated, and to all renewals,
or into receivership, or makes a general aazigriment for modifications, replacements and extension5 thereof.
the benerit of their creditors, Landlord shall have the The foregoing provisions shall be salf-operative and no
right, iR addition to all other rights and remedies further instrument of subordinrdon rhall be required
provided by law, @r five (5) day3' written notice to by any mortgagee or other int-erested party; provided,
Tenant, to re-enter the De!nised Premises, peaceably however, that in confin-nation of such subordiriation
or by force. and to re-take pomession thereof and to Tenant shall, upon request of Landlord, execute and
terminate this Lease. In the event of such termination, iri rcco:,dnble form, any instrunient of subor.
Laildiurd tnay relet the Demised Premises, in whole or dination reque@d bv Landlord, ;Ind Tenp-nt
i,-, P,.Art, fnr t"@,2 o; Lbe torrn hereof, constitutes and appoi'nts Landlord Tenant's Attorrcy'-
and Tenant shall be oblirated to reimbur--e Landlord in-fact to execute any such subordination instruriient
for any difference between the rerital payable fieroun- on behalf of Toriant. Anything in ti,e forff,,oing to the
der and tlirt collected by Landlord through such relet contrary notwithstanding tlie event of r. forecto ' 1jr(!
,,in
ting. Tenant waives the benefit of @iis homestead ex- under any such mortgnge or deed of tnitt, tlie ))older of
emption as to this @ase. In case suit shall ba brought the noto secui-ed tlierchy or the I)urrhrv@r at fu@
for -covery of po&se&gion of -.he Deiii,-,eci Preinises, for foreclosure sale shall have tlie option to recognize thj.%
the retovery of rent or any other amotint due tinder Lhe Lease, in which everit this Lease shall coritin .tie iii full
provisions of tlli5 Lease, or because of the breach of force ati(i effect. Any stich mortgage )r leed of triiat
any olher covenant herein contalned on the p(trt of may, at any time, dt tho request of tlie hol(lor of tl;n
Tenant to I)e l@t@pt or perfoi-nied, afii ;i @,,reacil sliall t)e n I
26 -
,NOTICES Building, shall not constitute a waiver of such rules
and regulations. The deflned words in the Lease,
Nineteenth All notices herein provided for sliall whcre%,er used in said rules and regulations, shall ha%-e
be in writiiig and shall be deemed given if and the same meanings as herein.
when posted in ,he United States ceitified mail, and,
as to Landl,@rd. %viien addressed to Landlord in care of
Agent at the ziddress vhere rent is paid, and, as to PARKING
Tenant. wheri addresed to TLnant at the Demised
Premises. Either partn. mav, bv like notice, designate a Twenty-fourth - Tenant and its emplo@-ees and
new address to which subsequent notices shall be invitees shall park in those areas or spaces desig-
directed. nated by Landlord which designations mav be
changed from time to time by Landlord. Landlord also
reser-ves -the right to change the location of parking
ADDITIONAL CHARGES areas and lots or to eliminate parking lots in favor of
multi-level parking.
Twentieth - In the event that the expenses ap-
plicable to the building and the real property of which
the building is a part, et seq.; insurance premiums; all INSURANCE
taxes, assessments and charges against the land and
impro%,ements; janitorial service; niaintenance. of the Twenty-fifth - Landlord shall maintain fire and ex-
building and site iinprovements; and any other tended coverage insurance on the office building.
operating expenses are increased after the. first calen- Tenant shall maintain fir@. extended coverages, ad-
dar year of the term hereof, the Tenant covenants to ditional extended coverages plils vandalisin and
pay to the Landlord, as additional charges hereunder, maliciqus mischief on office contents and any and all
a proportioriate part of such increase or increases. The equipmerit owned by or in the care, custody & control
Landlord shall pa-v the cost of electrical energy con- of lessee and located on demised premises.
sumed based upon the rate in effect on the date of this shall, during the entire term hereof, keep in full
lease. The Tenant shall pay to the Landlord, as ad- and effect a policy of public liability aRd erty
ditional rent, a proportionate part of all rate increases damage insuraiiee with respect to the leas remises,
and all surcharges (including fossil fuel charges) and the business operated anv sub-
during the term of this lease and aiiy extension tenants of Tenant in the lea! which the
thereof. The Tenant's proportionate part of such in- limits of public liability ess than
creases shall be determined by di,,iding the total num- $300,000 per occurance a property
ber of square feet in the demised premises by the total damage lia less than $25.000. The
number of rentable square feet of floor space in the policy shall ny person, firms or cor-
building to which the increases are applicable. Such porations d lord, and Tenant as in-
additional charges shall be paid bv the 'renant to the sured, and se that the insurer will
Landlord in equal monthly instailinents at the time not cancej4 nce Nvithout first giving
and in the same manner as the rent for the demi fifteen days prior written notice. A copy of
premises is paid. icy or certificate of insurance shall be furnished
Tenant shall provide liability
SUCCESSORS AND ASSIGNS insurance coverage for Demised
premises under the City of Virainia
Twenty-First - This Lease, and all the terms, Beach insurance program or adminis-
covenants, conditions, and provisions herein contained tered by the City of Virginia Beach
shall be binding upon and shall inure to the benefit o@ Division of Risk Management.
the parties hereto and their respective personal
representative, heirs, successors and any assigns pur-
suant to Paragraph Sixteen.
Q_UIET ENJOYINIENT
Twenty-second - Subject to the other terms, pro-
visions and conditions set forth in this Lease, Land.
lords covenant that Tenant, upon performing all its
oblig@tions hereunder, shall have and enjoy quiet and
peaceable possession of tlie Demised Premises during
the term hereol
RULES AND REGUI,ATIONS
Twenty-third Tenant, its agents, ser%,ants and APPRUVEL)
invitees, shall observe faithfully and coniply s@rict- @iford-
ly with the rules and regulations attached hereto and
by reference made a part hereof. Landlord shall liave
the right, fr(,m tiine to tirne during tlie term of this
Lea.@, to make reasonable changes in ,ind additions to
said rules and regulations provided such changes and
additir,ns do not unreasonably affect the conduct of
Tenant's business. Any faillire b'v Landlord to enforce
any of said rules and revulatiot-,s now or hereitter in
effect, c-ither t,.gaiiist reiia,it or othl@r t,,n.iii i. tlie
2 7 -
SECURITY DEPOSIT 1,N %VIT.NESS IVHEREOF.
Twenty-sixth - For the purpose (,f securing the 0%,-tier, Windsor Plaza Associates
proml)t and faitliful performatice I)%, Tenant if .111 Infl ha%-e cau,ed this Leaz_e to be executed
singul,ir Tenint'@ agreements, c(,%-eii;int, ati(i
,)bligations herfunder. Tenant. tjl),,ti th,, hN- it@ General Partncr
here,if ha., del),,,ite(i %%-itli l,anli.)rd the @kim .)f the Agent has c-atise(i thi., L@3se t,) be ex@uted iii its
iiaine iind b@Iiiilf
(S the receil)t bv its agent
whereof is herebv acknowledged. which is t,) be held bv and Tenant, i@ afi -i(ii, @tas kerttlit!O @et
Landlord during the term hereof in an account hand aiid seal; if a partners@.ip, ht@ cau@@(i e
separate from Landlord's funds, an(i shall n6t be used to be executed in its name or.@ of its
bv Landlord except for the purpose hei-ein seated. In. general partner aiion, has
terest at the rate of four percent 14,;. ? per annum @hall caused thie cuted in its nan@e and
be added to and be treated in the same manner as the behaif bv i c@ Presiden-, and iti cor-
original securitv deposit. If and vhen all Tenant's por,,,@- a to be hereo affixed and attested bv its
agreements, covenants and ot)ligations hereunder shall
ha%-e been ta4ty M,- rd shall proniptly City of Virginia Beach by its City
turn over to lia d securities,-if any. Manager
.1 11 ti 1.@@
then comprisitig @ - '2@@irL posits. If Tenant
default.% in performing any of Tenant's agreement.9, WINDSOR PLAZA ASSOTIATES
covenanL,, )r obligations hereunder, Landlord may
(but shall n,)t be rc-quired to), from time to time, use
and -appi.v s(, MLIch )f said secirity deposit (including BY: Barry D. Ciark
an%. income) as shall be necessarv to cure such default
and in such event, Tenant sliall %vithin .5 days after
demand therefor, re-store said fund to its original
amount. It is intended and agreed that said security BY: Howard M. Weisberg
deposit (including accretions) shall remain intact
throughout the term and anv renewal of this Lease but
nothing herein shall in an 'v wav alter, affect or impair BY:
Landlord's right to coml)el the prompt and faithful Lawrence A. Sancilio
perf,)rmance of all and singular Tenant's agreements,
coveiianLs and obligations hei-eunder. WILKINS/KATSIAS ASSOCIATES NEALTY, INC.
,kTTACHMENTS BY:
Twenty-seventh -
Rules and Regulations
Funding out Provision TENANT City of Virginia Beach, a
municipal corporation
City Manager
/Attest:
uity cierk
Attest:
-Attest:
Approved As To Content:
Approved As to Form:
-28-
TENANT- City of Virginia Beach, a niunicipal corr)orati-on
BUILDING SUITE
ADDRESS 166F South Rosemont Ro ad
Virginia Beach, VA 23452
Rules & JL"tlegulations
It is our intention and purpose to operate each S. Landlord shall ha%,e @e right to pre.,,crib, the
building as an outstandiiig offi(-e building. We will weight, position ar)d maniier )f support of all safe,
strive at all times to render prompt and efficient Safes, freight, furniture and other bulkv mitter shall
service and to maintain the property in the best be moved on] 'v at such times. bv suc-h per,ons, and in
possible condition. In an effort to tnaintain the such manner. as shall be established b%- Laiidlord's
propert 'v. we ask your cooperation in observing management agent. Tenant s),.ail not place an%, )bject
(he following rule3. Any expense Incurred by the upon an'v floor of the Building which wijl*cause the
management 2 Sa result of vlolation of these rules floor load of such floor to ex(-eed thit whi,-h wR4
will in so far as feasible. be asses!led against the desikned for such floor or whi(-h is allowed b.v law.
responsible tenant. Promptly notify the
M 2nagement of any needed repairs to any of the
equipment or fixtures. 6. Tenant shall turn off all lights and ],,,e an,] lo,-k
%qare All
all corridor
drapes insta with -hite
These rules become part of your lease agreement material. Al e@e'n@fiant)lin,i,. onlv
in accordance with Paragraph Number 23. tho@e blinds al)proved 1)'v Landit)rd h;ill ll,- u.,e(i
Blinds must be left in the Ittliv cxten(leti It all
times.
1. The sidewalks, entrances, pa.%aages, hallwav,;.
elevators and stair cases shall not be ob8tructed or
used for aiiy other purpose.than ingre.-is and egress. 7. Without first obtaining Landior(l', writt(-n per.
mission, Tenent shall.,Vu@in%qll,!-gituch (,r britig into
the premis@
2. No sign, advertisomen@ or notice shall be inf,.cribed . , @quipfn@@t,f@istrtimerit. (itict,
refrigerator, AiK-@con'dit@Eii2o@ot@e ai)ljlian(-e whi,-h
painted or afrixed by Tenant on any part of the outside will require the u.4e of electrical currl-nt )r water.
or inside of the Building except on the entrance to the
premises, and such door signs shall be of much size,
color and ntyle as Landlord sha]l approve.
S. Your building will be open during normal working
hours, 7:00 a.m. - 7:00 p.m., Monday tlirough Friday,
Saturday 7:00 a.m. - 5:00 p m, nd red all day
Sunday. Tenantszm@ Rai@ @.iy, 7:00 p.m. -
No additional locks shall be placed upon any doors 1 1:00 p.m. by use of @@eii su night latch.
of the premisek without prior approval from the At 1 1:00 p.m. dea-d'bo@@ @a-r-'e'set, tenants are requested
Management. Landlord shall furnish to Tenant one to be clear of the building prior to this time. The
kev to each lockset in the premises and any additional security sy,-,tem will be strictly enforced by the Roving
keys shall be furnisheti at the cost and expense of Patrols. To report security incidents call 490-3141
Tenant@ Upon the expiration or earlier termination of after working hours call 490-1967.
tfiin lea.@. Tenant shall surrender to Landlord ail kevs
to the premi-ses.
9. All i,tit, ;it(. I,jt- ;,,id til
.Ii ,t I., f... c .@ii. (,f,[ (,f l .... @iii 1,1,
4. Tenant shall riot do or 1)ermit anvthing to be done I@,(k% :o Wilkill.@/Katsiil% A!i,,,,
i,'l t:)c- pi@.Iiise!; or iii tite Building wliicti will in an.v ;ill,l iii@iii t') S@lite 318, l,'joo ll,,ti.iti,i R,,.Id,
way increase the rate pavable. or violate any provision. Viri@iiiit f@,-@ich, Virriiiiii ?3452.
in respect of anv I)ollcy of tire insuran(e on the y ... ir ctl4l,:K. Ativ
Building or Lanrllord'., prol)ertv ttierein: )t),truct or illk', witi. I't-
interfere with the rights of other ter)anti. or
unreasonable initire ,r ann,,v thliii; ericumi),-r )r ob-
struct or depo,it rtit)bi.,h kinrl similiti sul),t@)ii,-es ill th,,
C,)mmon Areas; bring or keel) anv aninials, or in-
Ilarnrnable. (-omblistible or exl)lo@i,e substiii(es, t,) )r APPROV,,D
in fill liijil,ling: involve tlie cooking ,f f ... (I; @.i,)I.Ite
est@it)ltshe,l t)N, @)r iii @iil%
.4!@Ll r l ty
2 9-
ii.T@r.ar.Es arL :autioned against eniering an@@ nor-
lockeci space i4izh %-oltages and delicaze
macniner%- are pre5ent in the ,paces. The roof of the
Building ts considered a locked space and ent-ance to
;t is not permitted.
Periodic preventative maintenance inspections -ill
be conducted. Prior notificalion will be given to thc
tenant. however trie tenant's pre-3ence is not necessar.v
ior the performance of the inspection.
13. -enants and their employees are encouraged to
park as far awa)- from Lhi enrrances as possible. This
will enable customers and ciients to enter and conduct
business wi@hout undue inconvenience.
as Reserved Parki@Claces.
have been de5ignated
Visitor Spaces will not be utilized fo@ant's or em.
ployee's personal vehicle. @t,@ Spaces will be
used onlv by auth ?r- p,-rsong. Viointions by the
The observance of these rules will go far toAard
tenant or his@'rovevs vtill subject the ta-,innt to a
$10 - for each offense plus towing charges if making Rosemont Center pleasanl for ou.
Thev h2ve been adopted to make vour occupanc%
here more enjoyable. Your full cooperal@on is
14. No antennas will be installed on the exterior of the requested.
office building bv the tenants or their agents without
the written approval of the Landlord. If such antennas The Management reserves the right to make
are installed. Ehev shall be Temoved at the tenant's ex. changes in these rules from time to time as con.
pen!,e. ditions warrant such changes.
WINDSOR PLAZA ASSOCIATES
BY:
Barry D. Clark
BY:
Howard M. Weisberg
BY:
Lawrence A. Sancilio
WILKINS/KATSIAS ASSOCIATES Ri@AL,TY, INi
BY:
AUTHO
TENANT City of Virginia Beach, a
municipal corporation
City manager
/Attest:
City Clerk
Attest:
Attest:
A rov
30-
FUNDING N
Lessee represents that it intends to maintain this
Lease Agreement in effect for the full period set fortb
herein and to continue to use its best efforts to seek
appropriation of sufficient funds to make all payments
hereunder. Lessee may terminate this Lease Agreement in
the event that the City Council of Virginia Beacb does not
appropriate sufficient funds for the premises represented
in this Lease Agreement. Lessee sball exercise its best
efforts to give lessor written notice of sucb termination.
It is understood, however, that this Addendum does
not apply should the City decide to relocate the Municipal
agency occupying the above suite to any other private or
municipally-owned building.-
APPROVED
/leraqt Landlord
- 3 2 -
C 0 N S E N T A G E N D A
ITEM II-G.1 ITEM #18519
Upon motion by Councilwoman Oberndorf, seconded by Vice
Mayor Henley, City Council voted to uphold the recommendation
of the City Manager and APPROVE the following State-Local
Hospitalization Contracts:
1981-82 1982-83
Bayside Hospital $186.07 $215.35
Chesapeake General Hospital $205.61 $238.77
Children's Hospital of the
Kings Daughters $263.95 $308.57
DePaul Hospital $228.91 $266.36
Virginia Beach General Hospital $229.89 $250.88
Lake Taylor City Hospital $ 94.06 $106.02
Louise Obici Memorial Hospital $165.01 $182.52
Medical College of Virginia $226.52 $270.76
Norfolk Community Hospital $178.13 $228.39
Portsmouth General Hospital $204.50 $245.50
Riverside Hospital $162.43 $196.77
University of Virginia $226.52 $270.76
Walter Reed Memorial Hospital
(Gloucester, Virginia) ------ $196.77
Virginia Beach Public Health
Department (CLINIC) $ 15.00 $ 15.00
per visit
All clinic and emergency room
rates $ 15.00 $ 15.00
per visit
The State pays 75% of the cost, with the municipality paying the
remaining 25%.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober,
Vice Mayor Barbara M. Henley, H. Jack Jennings,
Jr., Mayor Louis R. Jones, Robert G. Jones, W. H.
Kitchin, III, Reba S. McClanan, J. Henry McCoy,
Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
- 3 3 -
ITEM II-G.2 ITEM #18520
Upon motion by Councilwoman Oberndorf, seconded by Vice
Mayor Henley, City Council voted to uphold the recommendation
of the City Manager and APPROVE the request of the City
Treasurer for tax refunds in the amount of $15,647.84.
Voti ng : I 1- 0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober,
Vice Mayor Barbara M. Henley, H. Jack Jennings,
Jr., Mayor Louis R. Jones, Robert G. Jones, W. H.
Kitchin, III, Reba S. McClanan, J. Henry McCoy,
Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
M NO. C.A. 7 34 - 7/20/82
AN AU-HCRiZi@G TAX FIEFU@.!Ds
UPON C'--,@TAIIj PER,@ONS
AND UPC,'L CERTIFICATION OF THE TREASUNER
FOR PAY@%!'-NT
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for ta,, refunds upop. certification of the Trtasurer are hereby approved:
NAME Tix Type Ticket Exonera- Da(e Penaity lnt. Totai
Year or Tax Number tion No. Paid
Scott R Norton 82 Pkng 56748 6/7/82 6.00
Scott R Norton 82 Pkng 56749 6/7/82 6.00
John Schmidt 82 Pkng 11781 5/3/82 10.00
Estate of Paul @4 Wilson Jr N/A 14ills N/A 3/21/79 122.30
Julian L Perry Sr 82 PP 98788-3 6/4/82 6.90
Benjamin tl Royster 82 pp 8809-0 6/5/82 76.56
Marie @f Campbell 80 pp 17921 5/1'-I/80 83.04
Banner Buick Inc 82 pp 6626-5' 5/27/82 102.78
Banner Buick Inc 82 pp 6616-5 5127/82 73.50
Bant)er Buick Inc 82 pp 6624-7 5/27/82 88.rO
Atlantic Leasing Ltd 82 pp 4614-7 6/5/82 2e-5.12
Atlantic Leasing Ltd 82 pp 4596-6 6/5/82 132.78
Atlantic Leasing Ltd 82 pp 4645-6 6/5/82 132.78
Atlaiitic Leasing Ltd 82 pp 4642-9 6/5/82 225.12
Atlantic Leasing Ltd 82 pp 4641-0 6/5/82 213.00
Atlatitic Leasing Ltd 8@ pp 4640-1 6/5/82 213.00
Atlantic Leasing Ltd 82 pp 4639-2 6/5/82 165.78
Atlan-ic Leasing Ltd 82 pp 4625-6 6/5/82 225.12
Tlie Russell House Inc 81 RE(2/2) 86459-7 6/5/81 8,268,34
The Pussell Ficuse Inc 81 RE(1/2) 65266-4 11/24/80 217.75
The Russell @ouse Inc 81 RE(2/2) 6-D266-4 6/5/81 217.75
Andi,e-,i & Virginia Toth 82 RE(1/2) 564-9 5/19/82 24.53
R & L Development Corp 82 PE(1/2) 48229-5 12/5/81 648.00
Doris S @lorrison 82 RE(1/2) 550-19-8 12/4/81 49.50
Total 11,534.15
J U L P@, -f-'
L-AVV
T[iis ordinance shall be effective fioin date of adoption.
The Fibove abatement(s) totaling cer
@5@l @ were approved by
the Council of the City of Virginia
Beach o.,i the 2 day of _A.@@s
Approvcd as to
Ruill llodges Smith
CitY Clerk
3 5 7/l/@02
AN ORDINANCE AUTHORIZING TAX RC-:FUNDS
UPON APPLICATION OF: GERTAIN PER3(j@s
AND UPON GERTIFICATION C)F THE TRCASURER
FOR PAYMENT
BE IT ORDAINED BY THE COUNCIL OF THE Cl-iY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for tax rafunds upon certification of the Treasurer are hereby approved:
NAME Tax Type Ticket Exonera- Date Penalty Int. Total
Year of Tax Nu.-nber tion No. Paid
ames Aridas 82 pp 3678-3 6/5/82 118.74
arold M Saunders 82 pp 110789-0 6/5/82 34.50
atrick & Hayden McQuilkin 82 pp 84922-8 6/5/82 17.88
aioes T Benson 82 pp 10085-1 513/82 98.28
co Financial Serv Leasing 81 pp 4788 6/8/81 1,856.86
ohn J Foster Or 82 pp 43555-3 5/25/82 107.2P,
ulian L Perry Sr 82 pp 98787-4 6/4/81 9.60
larence L Polk 82 pp 100573-9 5/13/'82 27.60
tto Szivak 82 pp 12353" -2 5/10/82 48.00
obert F Boyer 82 Pkng 2641 ' 5/11/82 12.00
ao.-,li Blood%,Iortli 81 RE(1/2) 6940-2 11/28/80 30.95
i'aop,ii Bloodworth 81 RE(2/2) 6940-2 5/21/81 30.05
teniio R & Lucy GMiller 81 R'C(1/2) 51781-0 11/12/80 134.42
entio R & Lucy Gt',iller 81 RE(2/2) 51781-0 6/1/82 301.92
lizabeth R Gresham 82 RE(1/2) 31309-4 12/4/81 91.00
obel't & Virginia Goetz 80 RE(I/I) 24093-1 11/14/79 14.64
bert & Virginia Goetz 80 RE(2/@2) 24C;93-1 6/5/80 14.64
bei,@@ & Virginia Goetz 81 RE(1/2) 2S455-3 12/5/80 24.68
obe),t & Virginia Goetz 81 RE(2/2) 28455-3 6/5/81 24.63
Total 3,000.62
JUL 1982
C)F-
This ordinance shall be effective from date of adoption.
Tlig a'ove abatement(s) totalinq Ceri
3 , 000 . 6 2 were approvea by
the Criuncil of t@e City of@i@nie
Beach on th e_ u s
day of
Approved a
Ruth [lodges Smith
Ci',Y Clerk
At toi tiey
36-
7/ 9 L@12 L L,
AN ORDINANCE AUTHORIZING TAX REFUNDS
UPON APPLICATION OF CERTAIN PER@ONS
AND UPO.N CP-7qTlFlC,TlOt4 OF THE TREASURER
FOR PAYMENT
BE IT ORDAINED BY TliE COUNCIL OF THE CITY OF VI.CTGINIA BEACH,.VIRGIN!A:
That the following applications for tax refunds upon certificafion of the I-reasurer are hereby approved:
NAME Tax Type Ticket Exonera- Date Penalty lnt. Total
Year of Tax Nuniber tion NO. Paid
bert & Virginia Goetz 82 RE(1/2) 29490-7 11/18/81 28.32
bson Equipment Co 82 RE(1/2) 28778-2 11/19/81 74.34
es & Ella Gatlin 82 RE(1/2) 28146-7 11/12/81 16.20
rebees Inc 82 RE(1/2) 24949-5 12/5/81 1.50
rebees Inc 82 RE(2/2) 24949-5 5/19/82 1.50
nie Mae Heath 82 Rr-(1/2) 34452-3 12/3/81 32.40
rrie F Ridg%vell 79 RE(1/2) 56908-1 12/5/78 70.51
rrie F Ridgwell 79 RE(2/2) 56508-1 6/5/79 70.50
rrie F Ridgwell 80 RE(1/2 78120-4 12/5/79 61.51
rrie F Ridgwell 80 RE(2/2@ 78120-4 6/5/80 61.51
rrie F Ridgwell 81 RE(1/2) 63478-3 12/5/80 64.83
rrie F Ridgw-111 81 RE(2/2) 63478-3 6/5/81 64.83
erican Realty Trust 77 RE(6mo) 7941-5 6/10/77 199.70
erican Realty Trust 78 RE(1/2) 8508-7 12/1/77 182.71
erican Realty Trust 78 RE(2/2) 8508-7 5/11/78 182.71
Total 1,113.07
32
JUL
-PT
D" C)F L-A@W
This ordinance shall be effecti ve from date of adoption.
Thp @bove ,@a!ement(s) totqli@g Certif end @s@o
-Ll l 3. 0 7 We're approved by
the Council of the City of Virgi'iii'a
Beac@, on tlie 2 day of -A4-LUS-t c
SOTI,
Fititil tiodges Smith
City Clerk
- 3 7 -
ITEM II-G.3 ITEM #18521
Upon motion by Councilwoman Oberndorf, seconded by Vice
Mayor Henley, City Council voted to uphold the recommendation
of the City Manager and APPROVE the following Raffle Permits:
Virginia Beach Stars Softball Team - Raffle
Catholic Daughters of the Americas - Raffle
Virginia Recreation and Parks Society - Raffle
Virginia Beach Sheriff's Association - Raffle
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober,
Vice Mayor Barbara M. Henley, H. Jack Jennings,
Jr., Mayor Louis R. Jones, Robert G. Jones, W. H.
Kitchin, III, Reba S. McC]anan, J. Henry McCoy,
Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
- 38-
ITEM II-G.4 ITEM #18522
The following bids have been received for the Newlight
Street/Drainage Improvements CDA Project:
Warbler Construction Company, $875,000-00
Inc.
Vico Construction Company $884,096.86
Suburban Grading & Utilities, $939,264.70
Inc.
Asphalt Roads and Materials $995,448-19
Company, Inc.
ENGINEER'S ESTIMATE $934,125-50
Upon motion by Councilwoman Oberndorf, seconded by Vice
Mayor Henley, City Council voted to uphold the recommendation
of the City Manager and APPROVE the low bid of Warbler Con-
struction Company, Inc., in the amount of $875,000-00, for the
Newlight Street/Drainage Improvements CDA Project; and,
authorized the City Manager to enter into the necessary
agreements for the implementation of this project.
Voting: 1 1 - 0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober,
Vice Mayor Barbara M. Henley, H. Jack Jennings,
Jr., Mayor Louis R. Jones, Robert G. Jones, W. H.
Kitchin, III, Reba S. McClanan, J. Henry McCoy,
Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
- 39-
ITEM II-G.5 ITEM #18523
The following bids have been received for the Kempsville
Road Water Main, Phase II (CIP 5-932):
A & W Contractors, Inc. $253,897-31
Central Builders, Inc. $269,735.80*
Vico Construction Company $277,253.49
Carter-Bell Corporation $286,780.10
Inner-View, Ltd. $286,882.86
M. E. Wilkins, Inc. $290,915.01*
A. Stanley Mundy & Company $311,617.05*
Suburban Grading &Utilities, Inc. $318,887.91*
A. Stuart Bolling Company, Inc. $346,913.00
Warbler Construction $353,441.94*
ENGINEER'S ESTIMATE $321,021.00
Upon motion by Councilwoman Oberndorf, seconded by Vice
Mayor Henley, City Council voted to uphold the recommendation
of the City Manager and APPROVE the low bid of A & W
Contractors, Inc., in the amount of $253,897.31 for the
Kempsville Road Water Main, Phase II (CIP 5-932); and,
authorized the City Manager to enter into the necessary
agreements for the implementation of this project.
V o t i n g :I 1 - 0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober,
Vice Mayor Barbara M. Henley, H. Jack Jennings,
Jr., Mayor Louis R. Jones, Robert G. Jones, W. H.
Kitchin, III, Reba S. McClanan, J. Henry McCoy,
Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
*Corrected Bid Amount
- 40 -
ITEM II-G.6 ITEM #18524
Upon motion by Councilwoman Oberndorf, seconded by Vice
Mayor Henley, City Council voted to uphold the recommendation
of the City Manager and ADOPT the Ordinance to amend and
reordain Paragraph (f) of the Ordinance leasing to and granting
permission to Ocean Owners Council, Inc., to operate and
maintain a bridge across Atlantic Avenue just north of 40th
Street in the City of Virginia Beach upon certain conditions.
Vo ting: I 1 - 0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober,
Vice Mayor Barbara M. Henley, H. Jack Jennings,
Jr., Mayor Louis R. Jones, Robert G. Jones, W. H.
Kitchin, III, Reba S. McClanan, J. Henry McCoy,
Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
-41-
Requested by: Department of Finance
AN ORDINANCE TO AMEND AND REORDAIN
PARAGRAPH (f) OF THE ORDINANCE LEASING
TO AND GRANTING PERMISSION TO OCEAN
014NERS COUNCIL, INC. TO ORERATE AND
MAINTAIN A BRIDGE ACROSS ATLANTIC
AVENUE JUST NORTH OF 40TH STREET IN
THE CITY OF VIRGINIA BEACH Ul'ON CERTAIN
CONDITIONS
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA:
That paragraph (f) of the ordinance adopted January 14, 1980,
leasing to and granting permission to Ocean Owners-Council, Inc. to
operate and maintain a bridge across Atlantic Avenue is amended and
reordained as follows:
(f) The Owners Council shall pay to the city annually for
the privilege herein granted a sum equal to One Thousand Dollars
($1,000.00) for lease of the area over Atlantic Avenue occupied by
the bridge. Said sum shall become due and payable on the first day
of each calendar year the bridge is in existence.
Adopted by the Council of the City of Virginia Beach on
the Second day of -August 1982.
APPROVED TO CUi@T4NTS,
DEPARTMENT
A@,
-4 C-
- 43 -
ITEM II-G.7 ITEM #18525
Upon motion by Councilwoman Oberndorf, seconded by Vice
Mayor Henley, City Council voted to uphold the recommendation
of the City Manager and ADOPT the Ordinance appointing
viewers in the petition of Lands End Associates, for the
closure of a 30-foot wide road crossing the property of the
applicant from Indian Avenue on the east to the property of
Hudgins Brothers, Inc., on the west.
Voting: 1 1- 0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober,
Vice Mayor Barbara M. Henley, H. Jack Jennings,
Jr., Mayor Louis R. Jones, Robert G. Jones, W. H.
Kitchin, III, Reba S. McClanan, J. Henry McCoy,
Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
44 -
ORDINANCE APPOINTING VIEWERS
WHEREAS, LANDS END ASSOCIATES, a Virginia Limited partnership,
afterwards referred to as the Applicant, has given due and proper notice,
in accordance with the statutes for such cases made and provided that they
will on Augttst 2,1982, apply to the City Council of the City of Virginia
Beach, Virgina, for the appointment of Viewers to view the property after-
vyards described, and report in writing to the Council whether, in the
opinion of the Viewers, any, and if any, what, inconvenience would result
from the discontinuance of that portion of the street afterwards described,
and has filed such application with said Council.
N014, THEREFORE, be it ORDAINED by the Council of the City of
Virginia Beach, Virginia:
THAT C. Oral Lambert
Robert J. Scott and David M.
Grochmal are hereby
appointed to view the below described property and report in writing to the
Council on or before 1982 whether in their opinion, any, and if
any, what inconvenience would result in the discontinuing and vacating of
that portion of the street located in the City of Virginia Beach, Virginia,
more particularly described as follows:
ALL of that certain portion of a 301 wide road
situated in the Lynnhaven Borough of the City of
Virginia Beach, Virginia, crossing the property
of LANDS END ASSOCIATES, a Virginia limited part-
nership, from Indian Avenue on the East to the
property of Hudgin Bros., Inc., on the West,
as shown on that certain plat entitled "PLAT OF
PART OF LOTS 9, 12, & 18 PLAT OF SUBDIVISION OF
COL. L. D. STARKE'S FARM AT VIRGINIA BEACH", dated
May 27, 1982, Scale: 1" = 100', prepared by Wilfred
P. Large, Surveying and Planning, Virginia Beach,
Virginia, a copy of which plat is attached to a
deed to the applicant dated May 28, 1982, and is
recorded contemporaneously with the Deed in Deed Book
2204 at page 484, that certain portion of the 30'
wide road being more particularly bounded and des-
cribed by reference to the plat as follows:
Beginning at the point of intersection of the
southern right of way line of Norfolk Avenue
and the western right of way line of Indian
Avenue; then running S. 06* 35' 00" W., a
distance of 501.50' to a point, marked by a
ORDINANCE APPOINTING VIEWRS -45- Page 2
pin; then turning and running S 83' 251 00" E.,
a distance of 10' to a point, marked by a pin;
then turning and running S. 06* 35' 00" W., a
distance of 238.51' to a point, marked by a pin;
then turning and running S. 14* 00' 00" W.,
a distance of 208.14' to a point, marked by
a pin, being the point of beginning; then
turning and running S. 11* 17' 31" E., a
distance of 33.18' to a point, marked by a
pin; then turning and running N. 76* 01' 00" E.,
a distance of 311.07' to a point, marked by a
pin; then turning and running N. 33* 03' 29" W.,
a distance of 44.02' to a point marked by a pin;
then turning and running S. 76* 01' 00" E., a
distance of 329.12' to the point of beginning.
All the above is shown upon the plat pteviously referred to,
which plat is attached, made a part of, and intended to be recorded with
the Ordinance closing the street.
- 46 -
ITEM 11-G.8 ITEM #18526
Upon motion by Councilwoman Oberndorf, seconded by Vice
Mayor Henley, City Council voted to uphold the recommendation
of the City Manager and ADOPT the Ordinance appointing viewers
in the petition of American Realty Trust, for the closure of the
northern 15 feet of Laskin Road where it adjoins the property
of the applicant.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober,
Vice Mayor Barbara M. Henley, H. Jack Jennings,
Jr., Mayor Louis R. Jones, Robert G. Jones, W. H.
Kitchin, III, Reba S. McClanan, J. Henry McCoy,
Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
47-
ORDINANCE P-PPOI-NTING VIEVIERS
WHEREAS, the American Realty Trust has given due and proper
notice, in accordance with the statutes for such cases made and
provided that they will on the day of 1982,
apply to the City Council of the City of Virginia Beach,
Virginia, for the appointment of Viewers to view the below-
described property and report in writing to the Council whether,
in the opinion-of said Viewers, any, and if any, what incon-
venience would result from the discontinuance of the hereinafter
described portion of that certain strret, and has filed such
application with said Council. I
NOW, THEREFORE, be it ORDAINED by the Council of the City
of Virginia Beach, Virginia:
THAT C. Oral Lambert
Robert J. Scott and
David M. Grochmal are hereby appointed
to view the below described property and report in writing to
the Council on or before whether in their
opinion, any, and if any, what inconvenience would result in
the discontinuing and vacating of a portion of that certain
street 16cated in the City of Virginia Beach, Virginia, and more
particularly described as follows:
ALL that cerEain 15 foot wide parcel of land, lying
on the North side of La--kin Road in the City of
Virginia Beach, Virainia, shown on a certain Plat
Gailoo, Surveyor, 6ated Anril
made by Bruce B.
23, 1962 entitled "Plan o@' Property Showing a
15' Wide Parcel Lying on the North Side of Laskin
Road to be Vacated", and being more particularly
bounded and described as follows:
BEGII@NING at a point on the northern side of Laskin
@oad, which said coint is located Nor-@h 82@ 7' O"
East 77.39 @'eet -rom a certain pin loca-led on the
northern side o@@ Laskin Road in the dividing line
between Parcels One an6 T-@,o as shown on Saia Plat,
and fron said I
point of becinning Nor-,h 07@ 53' East
alona the line of Las',-,in Road @ifteen (15) f7eet to
a ooint; -,hence North 82' S' 24" --ast 1010.46 'eet
to a poinf; thence South 07@ 54' 36" East fifteen
(15) feet to a point; thence South 82' 051 24" West
1010.5 feet more or less to the point of beginning
(the portion of Laskin Road to be vacated is cross
hatched on the Pla- described above). All o' the
above as shown on that certain clat entitled "Plan
of P,oper-ly Showing a 15' @-.-ide Parcel Lying on the
T@orth Si6e of I,-,si-,in Road to be Vacated", 7ac3e by
a 0 Su,-ve,or clated -1 ril 23 1982.
7
48-
All of the above as shown upon that certain plat entitled
"Plan of Property Showing a 151 Wide,-Parcel Lying on the North
Side of Laskin Road to be Vacated", which plat is attached
hereto and made a part hereof and intended to be recorded
with the ordinance closing the aforedescribed street.
-2-
- 49 -
ITEM 11-G.9 ITEM #18527
Upon motion by Councilwoman Oberndorf, seconded by Vice
Mayor Henley, City Council voted to uphold the recommendation
of the City Manager and ADOPT the Ordinance deleting a
requirement under the application of Beechlawn Church for a
Conditional Use Permit.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober,
Vice mayor Barbara M. Henley, H. Jack Jennings,
Jr., Mayor Louis R. Jones, Robert G. Jones, W. H.
Kitchin, III, Reba S. McClanan, J. Henry McCoy,
Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
50-
AN ORDINANCE DELETING A
REQUIREMENT UNDER THE
APPLICATION OF BEECHLAIIN
CHURCH FOR A CONDITIONAL
USE PERMIT
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
THAT the ordinance upon application of Beechlawn
Church for a conditional use permit (Application #4092) is
amended and reordained as follows:
That item number seven (7) is hereby
deleted.
This ordinance shall be in effect from date of
adoption.
ADOPTED: August 2, 1982
JDB:er
7-26-82
- 5 1 -
P L A N N I N G I T E M S
P U B L I C H E A R I N G
ITEM II-H.1 ITEM #18528
Mayor Jones announced the PUBLIC HEARING: G H F PROPERTIES,
INC., for aconditional use permit for a 20-slip private
marina on aTl-.5-acre parcel located along the west side of
Green Hill Road, north of Moonraker Lane, in the Lynnhaven
Borough.
Timothy Barrow, Tim Barrow Associates, represented the
applicant and advised he was part-owner in the
Company
Delegate William R. O'Brien represented the opposition.
The following registered in opposition:
Mr. Principe, Chelsea/Green Hill Farms
Civic League
Bill Franklin
George Stagg
Frank Bernard
Mrs. Franklin
Gene Walters
Upon motion by Councilman Jennings, seconded by Councilwoman
Creech, City Council voted to DENY the application of G H F
PROPERTIES, INC., for a Conditional Use Permit as per the
following:
Ordinance upon application of G H F Properties,
Inc., for a Conditional Use Permit for a 20-slip
private marina on certain property located on
the West side of Green Hill Road beginning at a
point 163.71 feet North of Moonraker Lane, running
a distance of 1100 feet more or less along the
West side of Green Hill Road, running a distance
of 240.49 feet in a Northwesterly direction, running
a distance of 125 feet in a Northeasterly direction,
running a distance of 149.15 feet in a Northwesterly
direction, running a distance of 280 feet in a
Northeasterly direction, running a distance of 500
feet more or less along the Southern boundary of
Broad Bay, running a distance of 1600 feet more or
less along the Western property line, running a
distance of 151.64 feet in an Easterly direction,
running a distance of 225.85 feet in a Northeasterly
direction and running a distance of 302.74 feet in a
Southeasterly direction. Said parcel contains 21.5
acres. LYNNHAVEN BOROUGH.
- 52 -
Voting: 10-1
Council Members Voting Aye: (for denial)
John A. Baum, Nancy A. Creech, Harold Heischober,
Vice Mayor Barbara M. Henley, H. Jack Jennings,
Jr., Mayor Louis R. Jones, W. H. Kitchin, III,
Reba S. McClanan, J. Henry McCoy, Jr., D.D.S.,
and Meyera E. Oberndorf
Council Members Voting Nay:
Robert G. Jones
Council Members Absent:
None
The Mayor declared the Public Hearing closed.
5 3 -
0 R D I N A N C E S A P P R 0 P R I A T I 0 N S
ITEM II-I.I.a ITEM #18529
Upon motion by Councilman Jennings, seconded by Councilman
McCoy, City Council voted to uphold the recommendation of
the City Manager and ADOPT the Ordinance to transfer funds
of $46,242 for additional positions and related appropriations
in the City Attorney's office.
Voting: 8-3
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Vice Mayor Barbara
M. Henley, H. Jack Jennings, Jr., Mayor Louis R.
Jones, Robert G. Jones, J. Henry McCoy, Jr., D.D.S.,
and Meyera E. Oberndorf
Council Members Voting Nay:
Harold Heischober, W. H. Kitchin, III, and
Reba S. McClanan
Council Members Absent:
None
54-
AN ORDINANCE TO TRANSFER FUNDS OF
$46,242 FOR ADDITIONAL POSITIONS AND
RELATED APPROPRIATIONS IN THE CITY
ATTORNEY'S OFFICE
WHEREAS, in adhering tO strict rules of evidence and court
procedures, in the General District Courts, the Chief of Police has
requested that police officers obtain the assistance of the City
Attorney's Office in the prosecution of Driving Under the Influence
(DUI), Hit and Run cases and other offenses which in the past have
been presented in the courts by police officbrs, and
WHEREAS, this new directive by the Chief of Police will
require the direct involvement of attorneys in the City Attorney's
Office in order to assure that these cases are properly presented;
such cases being handled on a request basis in the past, and
WHEREAS, the Police Department has estimated that these
cases will exceed 1,200 in num6er in a calendar year, and
WHEREAS, the City Attorney is requesting one additional
attorney, a secretarial position, and related costs totaling $46,242
in order to render the additional assistance.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH that one attorney position and one secretarial
position are hereby approved for the FY 83 Operating Budget of the
City Attorney's Office and funds of $46,242 are hereby transferred
from the General Fund Reserve for Contingencies to the City
Attorney's Office as follows:
Personnel (I attorney and 1 secretary)
plus fringe benefits $37,800
Related costs (capital outlay and
office supplies 8,442
Total Appropriation 46,242
This ordinance shall be in effect from the date of its
adoption.
Adopted by the Council of the City of Virginia Beach,
Virginia on the 2nd day of August 1982.
JDB/er/re
6/16/82
(MISC)
- 5 5-
ITEM II-I.I.b ITEM #18530
Upon motion by Councilman McCoy, seconded by Councilman
Heischober, City Council voted to uphold the recommendation
of the City Manager and ADOPT the Ordinance to transfer
funds of $25,000 within the Department of Public Utilities
for engineering services involving the County and Kempsville
Utility systems.
Voting: 10-1
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober,
Vice Mayor Barbara M. Henley, H. Jack Jennings,
Jr., Mayor Louis R. Jones, Robert G. Jones, W. H.
Kitchin, III, J. Henry McCoy, Jr., D.D.S., and
Meyera E. Oberndorf
Council Members Voting Nay:
Reba S. McClanan
Council Members Absent:
None
5 6-
Requested by: Department of Public Utilities
AN ORDINANCE TO TRANSFER FUNDS OF $25,000
WITHIN THE DEPARTMENT OF PUBLIC UTILITIES
FOR ENGINEERING SERVICES INVOLVING THE
COUNTY AND KEMPSVILLE UTILITY SYSTEMS
WHEREAS, on June 29, 1982, City Council authorized the purchase
of the County and Kempsville Utility systems and indicated its deisre to
integrate these systems with the city's comprehensive water and sewer
system, and
WHEREAS, engineering services are required to design facilities
to connect the County and Kempsville Utility systems to the Hampton Roads
Sanitation District system, and
WHEREAS, the engineering services will include the design of
two sewer pump stations and two sewer force mains and preparation of
specifications and bid documents at an estimated cost of $25,000, and
WHEREAS, funding is available by transfer within the Department
of Public Utilities from reserve for contingencies.
NOW THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH that funds of $25,000 are hereby transferred within the
Department of Public Utilities for the engineering services required to
design facilities to connect the County and Kempsville Utility systems
to the Hampton Roads Sanitation District system.
This ordinance shall be effective from the date of its
adoption.
Adopted by the Council of the City of Virginia Beach, Virginia
on Second day of August 1982.
- 5 7 -
ITEM II-I.l.c ITEM #18531
Upon motion by Councilman Heischober, seconded by
Councilwoman Oberndorf, City Council voted to uphold
the recommendation of the City Manager and APPROVE ON
FIRST READING the Ordinance to appropriate an amount
of $30,000 to the Chesapeake Beach Volunteer Rescue and
Fire Department, Inc., for the purchase of an ambulance
and an amount of $30,000 to the Ocean Park Volunteer
Rescue Squad, Inc., for the purchase of an ambulance and
a crash and rescue truck.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober,
Vice Mayor Barbara M. Henley, H. Jack Jennings,
Jr., Mayor Louis R. Jones, Robert G. Jones, W. H.
Kitchin, III, Reba S. McC]anan, J. Henry McCoy,
Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
58-
Requested by: City Mwiager
AN-ORDINANCE TO APPROPRIATE AN AMOUNT
OF $30,000 TO THE CHESAPEAKE BEACH
VOLUNTEER RESCUE AND FIRE DEPARTME14T,
INC. FOR THE PURCHASE OF AN AMB@7CE
@'D AN AMOUNT OF $30,000 TO THE OCEAN
PARK VOLUNTEER RESCUE SQUAD, INC. FOR
THE PURCHASE OF AN AMBULANCE AND A
CRASH AND RESCUE TRUCK
WHEREAS, the C@esapeake Beach Volunteer Rescue and Fire Department, Inc.
has identified the need to acquire an ambulance and the Ocean Park Volunteer
Rescue Squad, Inc. has identified the need to acquire an ambulance and a
crash and rescue truck; and
WHERFAS, these vehicles will better serve the needs of the citizens
within the service areas; and
WHEREAS, the Chesapeake Beach Volunteer Rescue and Fire Department, Inc.
and the Ocean Park Volunteer Rescue Squad, Inc. have requested $30,000 each
for these purposes; and
WHEREAS, City Council considers it appropriate to make these amounts
available for such purposes;
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That funds be appropriated from the General Fund Balance for interest-
free loans in the amount of $30,000 to the Chesapeake Beach Volunteer Rescue
and Fire Department, Inc. for the purchase of an ambulance and in the amount
of $30,000 to the Ocean Park Volunteer Rescue Squad, Inc. for the purchase
of an ambulance and a crash and rescue truck. It is anticipated that these
funds will be repaid on the following schedule:
Chesapeake Beach Volunteer Rescue Ocean Park Volunteer Rescue
and Fire Department, Inc. Squad, Inc.
Date Due Amount Due Date Due Amount Due
August @1983 $10,000 January 1, 1983 $ 5,000
August 1, 1984 10,000 July 1, 1983 5,000
August 1, 1985 10,000 January 1, 1984 5,000
$30,000 July 1, 1984 5,000
January 1, 1985 5,000
July 1, 1985 5,000
$30,000
The City Manager is hereby authorized to obtain notes from the rescue
squads as evidence of indebtedness.
This ordinance shall be in effect from and after date of adoption.
FIRST READING: 2 August 1982
SECOND READING:
AP
- 5 9 -
C I T Y C 0 D E A M E N D M E N T S
ITEM II-I.2.a ITEM #18532
Upon motion by Councilman Baum, seconded by Councilman
McCoy, City Council voted to uphold the recommendation
of the City Manager and ADOPT the Ordinance to amend
and reordain Article IV, Chapter 4, Sections 4-87, 4-88
and 4-89 of the Code of the City of Virginia Beach
pertaining to bingo games and raffles.
V o t i n g : 1 1 - 0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober,
Vice Mayor Barbara M. Henley, H. Jack Jennings,
Jr., Mayor Louis R. Jones, Robert G. Jones, W. H.
Kitchin, III, Reba S. McClanan, J. Henry McCoy,
Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
60 -
Requested by Assistant City manager
AN ORDINANCE TO AMEND AND REORDAIN
ARTICLE IV, CHAPTER 4, SECTIONS
4-87, 4-88 AND 4-89 OF THE CODE OF
THE CITY OF VIRGINIA BEACH
PERTAINING TO BINGO GAMES AND
RAFFLES
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
That Sections 4-87, 4-88 and 4-89 of the Code of the
City of Virginia Beach are hereby amended and reordai,,d to read
as follows:
Section 4-87. Permit.
Application for the permit required by section
18.2-340.2 of the Code of Virginia shall be obtained from and be
filed with the chief of police. Such application shall be
acted upon, by either approval or disapproval, by the city
manager, within sixty (60) days from the date of filing thereof,
after a reasonable investigation has been conducted to determine
whether the applicant is in compliance with the provisions of
sections 18.2-340.1 through 18.2-340.12 of the Code of Virginia.
Inaccurate information contained in such application shall be
automatic grounds for refusal or revocation of the permit. The
application for the annual permit shall be accompanied by a check
in the amount of twenty-five dollars ($25) payable to the City of
Virginia Beach for processinq.
Section 4-88. Annual report of receipts and disbusements;
additional reports.
An annual report of all receipts and disbursements Shall
be filed pursuant to section 18.2-340.6 of the Code of Virginia
by every organizaticn con@ucting biiigo games and raffles in the
city. Such annual report shall be filed with the director of
finance on or before the first day of November of each calendar
year for which a permit has been issued.
However, any organization whose gross receipts exceed
fifty thousand dollars ($50,000.00) during any calendar quarter
-61-
shall be required to file an additional accounting of its
receipts and disbursements during such quarter no later than
sixty (60) days following the last day of such quarter. -'All
such reports so filed shall be audited by the director of
finance or his designee-uniess-audited-by-a-eerti-fied-publie
Section 4-89. Audit Fee.
An audit fee of one-half of one percent on-the-first
of gross receipts
which an organization reports pursuant
to section 4-88 of this article and section 18.2-340.6 of the
Code of Virginia, is hereby imposed; providedT-heweverT-4f-an
emeeed-E
finaneev For any organization which has gross receipts less than
two thousand dollars ($2,000.00), the audit fee is hereby
waived.
Adopted by the Council of the City of virginia Beach on
the 2nd day of August 1982.
MES:sm
5/10/82
5/4/82
4/22/82
(A-1)
2-
- 6 2 -
ITEM 11-I.2.b ITEM #18533
Upon motion by Councilman McCoy, seconded by Vice Mayor Henley,
City Council voted to uphold the recommendation of the City
Manager and ADOPT the Ordinance to amend and reordain Sections
8-31 and 8-32 of the Code of the City of Virginia Beach pertaining
to permit fees for building permits and plumbing permits; and
Section 8-186 pertaining to general requirements for
electrician's certificates.
Voting: 10-1
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober,
Vice Mayor Barbara M. Henley, H. Jack Jennings,
Jr., Mayor Louis R. Jones, Robert G. Jones, W. H.
Kitchin, III, J. Henry McCoy, Jr., D.D.S., and
Meyera E. Oberndorf
Council Members Voting Nay:
Reba S. McClanan
Council Members Absent:
None
6 3 -
REQUESTED BY: CITY MANAGER/PERMITS & INSPECTIONS
AN ORDINANCE TO AMEND AND REORDAIN
SECTIONS 8-31 and 8-32 OF THE CODE
OF THE CITY OF VIRGIRIA BEACH
PERTAINING TO PERMIT FEES FOR
BUILDING PERMITS AND PLUMBING
PERMITS; AND SECTION 8-186
PERTAINING TO GENERAL REQUIREMENTS
FOR ELECTRICIAN'S CERTIFICATES
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
That Sections 8-31, 8-32, and 8-186 of the Code of the
City of Virginia Beach are hereby amended and reordained as
follows:
Section 8-31. Permit fees - Building permits.
(a) It shall be unlawful to construct, enlarqe, alter,
or demolish a building or structure for which provision is made
or installation of which is regulated by the Uniform Statewide
Building Code without obtaining the required buildinq permit
therefore, and payinq the permit fees as hereby established and
set out in the following subsections of this section, and in
accordance with the provisions of Section 114.0 of the buildinq
code.
(b) The minimum fee for any building permit shall be
ten dollars ($10.00).
(C) For the construction of any building or addition
thereto where the floor area is increased and for the
installation or erection of any industrialized building unit, the
fee shall be based on the floor area to be constructed, as
computed from exterior building dimensions at each floor, as
follows:
(1) Residential:
a. For one hundred (100) square feet up to
and including tWO
6 4-
thousand (2,000) square feet, the fee
shall be five-dallars-+$579" six dollars
($6.00) per hundred square feet or
fraction thereof.
b. er For two thousand
(2,000) square feet up to and including
tWe-thOUSand-f2TGGG@ five thousand
(5,000) square feet, the fee shall be
one hundred twenty
dollars ($120.00) for the first one
two thousand (2,000)
square feet plus
five dollars ($5.00) per hundred square
feet or fraction thereof.
c. d7 For five thousand
(5,000) square feet er-moret to one
hundred thousand (100,000) square feet,
the fee shall be nimety-dellare-f$9070@
two hundred seventy dollars ($270.00) for
the first five
thousand (5,000) square feet plus three
dellars-+$3709@ four dollars ($4.00) per
hundred square feet or fraction thereof.7
W4:theut-lirn@t7
d. eT For one hundred thousand (100,000) square
feet or more, the fee shall be three
four
thousand seventy dollars ($4,070.00) for
-2-
-6 5-
the first one hundred thousand (100,000)
square feet plus
three dollars ($3.00) per hundred square
feet or fraction thereof, without limit.
(2) Business and mercantile:
a. For one hundred (100) square feet up to
and including two
thousand (2,000) square feet, the fee
shall be seven
dollars ($7.00) per hundred square feet
or fraction thereof.
b. For two thousand
(2,000) square feet up to and including
tWO-thOUS&Md-+2TGGG+ ten thousand
(10,000) square feet, the fee shall be
one hundred forty
dollars ($140.00) for the first one
C-hoUgand-++7GGG+ two thousand (2,000)
square feet plus six
dollars ($6.00) per hundred square feet
or fraction thereof.
C. For ten thousand
(10,000) square feet up to and including
twenty-five
thousand (25,000) square feet, the fee
shall be n-inety-(3ollars-f$99799+ six
hundred twenty dollars ($620.00) for the
first two-thousanel-+.27999+ ten thousand
(10,000) square feet plus three-elellars
+$3vGG+ five dollars (@5.CC) per
square feet or fraction thereof.
-3-
66 -
d. For twenty-five
thousand (25,000) square feet up-te-and
feet7 or more, the fee shall be one
one
thousand three hundred seventy dollars
($1,370.00) for the first five-thousand
+57999+ twenty-five thousand (25,000)
square feet plus four
dollars ($4.00) per hundred square feet
or fraction thereoft, without limit.
-4-
6 7 -
f4+ (3) Institutions:
a. For one hundred (100) square feet up to
and including one thousand (1,000) square
feet, the fee shall be seven dollars
($7.00) per hundred square feet or
fraction thereof.
b. For one thousand (1,000) square feet up
to and including
five thousand (5,000) square feet, the fee
shall be seventy dollars ($70.00) of the
first one thousand (1,000) square feet
plus six dollars ($6.00) per hundred
square feet or fraction thereof.
C. For tWe-theUS&nd-k2799G+ five thousand
(5,000) square feet up to and including
three-thousand-f37GGG@ twenty thousand
(20,000) souare feet, the fee shall be
-5-
6 8-
three hundred ten dollars ($310.00) for
the first tWo-thed9and-f2TOGG@ five
thousand (5,000) square feet plus five
dollars ($5.00) per hundred square feet
or fraction thereof.
d. For three-thedSdnd-f37GG9* twenty
thous nd (20,000) square feet.or more, ttLD
square-feetT the fee shall be one-hundred
one thousand
sixty dollars ($1,060.00) for the first
twenty thousand
(20,000) square feet plus four dollars
($4.00) per hundred square feet or
fraction thereof, without limit.
-20-,GGG@-squaL-e-.f eet-
-6-
6 9-
fsi- (4) Assembly:
a. For one hundred (100) square feet up to
and including one thousand (1,000) square
feet, the fee shall be six-dollare
+$6799+ seven dollars ($7.00) per hundred
square feet or fraction thereof.
b. For one thousand (1,000) square feet up
to and including tWO-th6USand-f27909@
five thousand (5,000) square feet, the
fee shall be
seventy dollars ($70.00) for the first
one thousand (1,000) square feet plus
six dollars ($6.00)
per hundred square feet or fraction
thereof.
c. For five thousand
(5,000) square feet up to and including
fifteen thousand
(15,000) square feet, the fee shall be
three
hundred ten dollars ($310.00) for the
first five thousand
(5,000) square feet plus feur-dollers
+$4799+ five dollars ($5.00) per hundred
square feet or fraction thereof.
d. For fifteen
thousand (15,000) square feet or more,
the fee shall be two-liundred-tiliety
eight hundred ten
dollars ($810.00) for the first -five
thousend-@57OGO+ fifteen thousand
(15,000) square feet plus three-dellars
f$37GO-Y four dollars ($4.00) per hundred
-7-
7 0-
square feet or fraction thereof, without
limit.
+6+ .(5) Storage:
a. For one hundred (100) square feet up to
and including two thousand (2,000) square
feet, the fee shall be three-dollare
+04709+ four dollars ($4.00) per hundred
square feet or fraction thereof.
b. For two thousand (2,000) square feet up
to and including
fifteen thousand (15,000) square feet,
the fee shall be
eighty dollars ($80.00) for the first two
thousand (2,000) square feet plus 'two
three dollars ($3.00) per
hundred square feet or fraction thereof.
C. For fi-ve-thettsand-f57G99+ fifteen
thousand (15,000) square feet.or more, up
eqeare-feetT the fee shall be one-hundred
four hundred
seventy ($470.00) for the first five
fifteen thousand
(15,000) square feet plus ene-dellar
two dollars ($2.00)
per hundred square feet or fraction
thereofT, without limit.
SElUare-faet6L'-Ereet4!(3n-thereef T-without
9: i-m i. t-
7 1-
f4+ (6) Industrial:
a. For one hundred (100) square feet up to
and including two thousand (2,000) square
feet, the fee shall be fatir-dallar5
+$4r6" five dollars ($5.00) per hundred
square feet or fraction thereof.
b. For two thousand (2,000) square feet up
to and including five thousand (5,000)
square feet, the fee shall be e+ghty
one hundred dollars
($100.00) for the first two thousand
(2,000) square feet plus three-dollars
+$3@G0@ four dollars ($4.00) per hundred
square feet or fraction thereof.
c. For five thousand (5,000) square feet or
more,
the fee shall be
one-hundred-seventy-dallars-+$-I-70799+
two hundred twenty dollars ($220.00) for
the first five thousand (5,000) square
feet plus three
dollars ($3.00) per hundred square feet
or fraction thereoft, without limit.
f8+ (7) Hazardous storage or occupancy:
a. ror one hune'red @'lCO'@ squarc .@eet up -lo
and including five thousand (5,000)
square feet, the fee shall be three
dellars-+$3700@ four dollars ($4.00) per
hundred square feet or fraction thereof.
-9-
7 2-
b. For five thousand (5,000) square feet up
to and including ten thousand (10,000)
square feet, the fee shall be one-hundred
two hundred
dollars ($200.00) for the first five
thousand (5,000) square feet plus twe
three dollars ($3.00) per
hundred square feet or fraction thereof.
C. For ton thousand (10,000) square feet or
more, the fee shall be two-hundred-fifty
three hundred fifty
dollars ($350.00) for the first ten
thousand (10,000) square feet plus one
two dollars ($2.00) per
hundred square feet or fraction thereof,
without limit.
(8) Alterations, repairs, private piers,
bulkheads, pools, elevators, commercial interior finish,
miscellaneous structures:
a. Where-the For a valuation of less than
floes-not-exeeed one hundred dollars
($100.00), no fee shall be required,
unless an inspection is necessary, in
which case there shall be a fear-dollar
+$4vGg+ ten dollar ($10.00) fee.
b. The minimum fee shall be ten dollars
($10.00).
c. For a valuation ever-one-hundred-de+lars
f$+99799+ up to five thousand dollars
($5,000.00), etnd-ineluding-fifteen
the fee
-10-
7 3-
shall be ten dollars
($10.00) per thousand or fraction
thereof.
d. For a valuation up to and including
twenty thousand dollars ($20,000.00), the
fee shall be fifty dollars ($50.00) for
the first five thousand dollars
($5,000.00) plus five dollars ($5.00) for
each additional one thousand dollars
($1,000.00) or fraction thereof.
e. For a valuation ever-fifteen-theuganel
up to and including
one hundred thousand dollars
($100,000.00), the fee shall be s+xty
elellars-f$60799+,one hundred twenty-five
dollars ($125.00) for the first f4fbeen
twenty
thousand dollars ($20,000.00) plus three
four dollars ($4.00) for
each additional thousand or fraction
thereof.
f4+ f. For a valuation over one hundred thousand
dollars ($100,000.00), up-to-and-ine+ueling
f$SOOTGGGTGG+T the fee shall be three
four
hundred forty-five dollars ($445.00) for
the first one hundred thousand dollars
($100,000-00) plus twenty-five-eents
f$9725+ three dollars ($3.00) for each
additional thousand or fraction thereoft,
without limit.
7 4 -
ereeted7
(9) Residential garages, porches, decks, and
similar accessory residential buildings:
a. Up to and includinq one thousand (1,000)
square feet, the fee shall be four
dollars ($4.00) per hundred square feet
or fraction thereof.
b. For one thousand (1,000) square feet or
more, the fee shall be forty dollars
-12-
7 5-
($40.00) for the first one thousand
(1,000) square feet and two dollars
($2.00) per hundred square feet or
fraction thereof, without limit.
(10) Farm buildinqs:
a. Up to and including two thousand (2,000)
square feet, the fee shall be three
dollars ($3.00) per hundred square feet
or fraction thereof.
b. For two thousand (2,000) square feet or
more, the fee shall be sixty dollars
($60.00) for the first two thousand
(2,000) square feet, plus one dollar
($1.00) per hundred square feet or
fraction thereof, without limit.
(11) moving of buildings or structures:
a. For the moving of a building from one
location to another location on the same
lot or parcel of land, when such move
does not require it to be moved on a
street, the fee shall be fifty dollars
($50.00).
b. For the moving of a one-story garaqe or a
one-story accessory building with no
living quarters, the fee shall be fifty
dollars ($50.00).
c. For the movinq of anv building from one
location in the City to another location
in the City, the fee shall be two hundred
fifty dollars ($250.00).
d. For the movina of any btyi]-ding throlinh
the City from a location outside the City
to another location outside the City, the
fee shall be two hundred fifty dollars
($250.00).
-13-
7 6-
e. For the moving of any building from a
location within the City to a location
outside the City, the fee shall b6 two
hundred fifty dollars ($250.00).
f. For the moving ;f any building from a
location outside the City to a location
within the City, the fee shall be two
hundred fifty dollars ($250.00).
(12) Demolitions:
a. For the demolition of any residential
accessory building or garaqe, the fee
shall be five dollars ($5.00).
b. For one and two family residences, the
fee shall be ten dollars ($10.00).
c. For all other buildings or structures,
the fee shall be twenty dollars
($20.00).
(13) Septic @ank installation fee:
The permit fee for the installation of a
septic tank system shall be twenty-five
dollars ($25.00).
(14) Signs:
a. The Fees fer-a-permit for the erection,
painting, placing, replacing, hanging or
rehanging of signs not otherwise
specified in this section shall be based
on the area of total sign faces as
follows:
Under 25 square feet ...... $4799 $8.00
25 to 49 square feet ...... 6799 10.00
50 to 74 square feet ...... 8TGG 15.00
75 to 99 square feet @-.GG 20.00
100 to 299 square feet ... 20709 35.00
300 square feet and over . 26voo 50.00
Repair of existinq siqns ....... 8.00
-14-
7 7 -
b. The fee for a permit to erect a sign on
the roof of a building shall be twenty
twenty-five dollars
($25.00) for each sign so erected.
c. The fee for a permit for the repair of a
billboard shall be
ten dollars ($10.00).
15. Penalty:
If any cofistruction, alteration, repair, or
other work requiring a permit under this
ordinance is commenced before sueh said
permit is secured and the fee paid for same,
a penalty of twenty-five-+25@-pereent fifty
dollars ($50.00) shall be added to the fee
due. Sueh-penalty-shall-nat-be-less-than
Payment of such penalty shall not in any way
relieve the violator of any criminal
prosecution.
fk+ 16. Exemption:
No fees will be required for permits for
churcheS7 or buildings used for governmental
purposes, and no fees will be required for
permits nor or for certificates of occupancy.
17. Tents:
Tents and other temporary structure permit
fee shall be fifteen dollars ($15.00).
18. Reinspection fee:
There shall be a minimum of ten dollars
($10.00) additional fee charged for each
reinspection.
19. Appeal:
The fee for submitting an appeal to the Board
of Building Code Appeals shall be wenty-five
-15-
7 8 -
dollars ($25.00). Such fee shall be paid by
the appelj.ant.
(20) Reconnect or change of use:
There shall be a minimum fee of twenty
dollars ($20.00) for each inspection.
Section 8-32. Same - plumbing permits.
(a) The fee for a permit for plumbing work, as
required by the building code, shall be ten
dollars ($10.00) and, in addition thereto, the following:
(1) Each plumbing fixture, floor drain or tap:
four dollars ($4.00).
(2) Each house sewer connection: -f4:ve-dellers
fr75799+ ten dollars ($10.00).
(3) Each house water connection: E4:ve-dollers
fOS790f ten dollars ($10.00).
(4) Each septic tank or drainfield: five-dellars
f-05799+ twenty-five dollars ($25.00).
(5) On site sanitary sewer collector lines, per
building: fifty
dollars ($50.00).
(6) On site portable water distribution lines,
per building:
fifty dollars ($50.00).
(b) The fees prescribed in this section shall be in
addition to the sewer and water connection fees and charges
provided for in chapters 28 and 37 of this Code.
Section 8-186. General requirement.
(a) Any person performing any work toward the
installation, replacement, repair, alteration, or addition of any
electrical system or equipment shall obtain a permit from the
director of the department of permits and inspections,
hereinafter referred to as director, unless such person is
specifically exempted therefrom under the provisions of the
article.
-16-
7 9 -
(b) It shall be unlawful for any person to do any
electrical work in the city unless he has a current certificate
of competency covering the type of work performed and issued
pursuant to this division, or unless such person is specifically
exempted therefrom under the provisions of this division.
fb+ (c) The person in charge of the electrical
installations for any person engaged in business as an electrical
contractor shall possess a current certificate of competency as a
Level II electrician.
f@ (d) It shall be unlawful for any owner, lessee or
agent or any person having any authority or duty in connection
with any building or premises to employ any person to do any
electrical work in any such building or premises unless the
electrical work done by such person I's under the control of a
Level II electrician, holding a current certificate of competency
as such.
fd+ (e) A violation of any provision of this section shall
constitute a Class 3 misdemeanor.
This Ordinance shall be effective on and after the date
of its adoption.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the 2nd day of August 1982.
RJN/da
6/16/82
(B)
APPROVED AS TO Co',ITENT
EIARTPA@N I
- 80 -
0 R D I N A N C E S G E N E R A L
ITEM II-I.3.a ITEM #18534
Upon motion by Councilman Jennings, seconded by Councilman
Heischober, City Council voted to uphold the recommendation
of the City Manager and ADOPT the Ordinance to authorize the
purchase of a recreation reservation from Structures of
Virginia, Inc., as per agreement dated July 25, 1977, and
amendment dated December 17, 1981;
AND, ADOPT a Resolution establishing Great Neck Meadows Park
as a capital project.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober,
Vice Mayor Barbara M. Henley, H. Jack Jennings,
Jr., Mayor Louis R. Jones, Robert G. Jones, W. H.
Kitchin, III, Reba S. McClanan, J. Henry McCoy,
Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
AN ORDINANCE TO AUTHORIZE THE
PURCHASE OF A RECREATION RESERVATION
FROM STRUCTURES OF VIRGINIA, INC.
AS PER AGREEMENT DATED JULY 25, 1977;
AND AMENDMENT DATED DECEMBER 17, 1981
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That pursuant to the authority and to the extent thereof
contained in Section 15.1-897,Code of Virginia, 1950, as amended,
the City Managey of the City of Virginia Beach, Virginia is
authorized to execute the City of Virginia Beach's option to
purchase a certain 10.8-acre recreation reservation from
Structures of Virginia, Inc..
That the purchase of the 10.8-acre recreation reservation
is to be in accordance with the provisions of an agreement
between the City of Virginia Beach, Virginia and Structures
of Virginia, Inc., dated July 25, 1977 and amendment dated
December 17, 1981, and further that the 10.8-acre recreation
reservation is more particularly describ@d as follows:
All that certain lot, tract or parcel
of land together with the improvements
thereon belonging, lying, situated
and being in the City of Virginia Beach,
Virginia, designated and described as:
"NOW OR FORMERLY, STRUCTURES OF VIRGINIA,
INC. D. B. 1617$ P. 499$ M. B. 117,
P. 14 10.800 AC." as shown on that
certain plat entitled: "PLAT SHOWING
PROPERTY TO BE ACQUIRED BY THE CITY OF
VIRGINIA BEACH FROM STRUCTURES OF
VIRGINIA INC. LYNNHAVEN BOROUGH -
VIRGINIA BEACH, VIRGINIA BUREAU OF
SURVEYS AND MAPPING ENGINEERING DIVISION
DEPARTMENT OF PUBLIC WORKS CITY OF
VIRGINIA BEACH, VIRGINIA DATE: JUNE 21@
1982 SCALE: 111=100"', to which refer-
ence is made for a more particular
description.
It being a part of the same property
acquired by Structures of Virginia,
Inc. from John Ray Potter, et ux, et al
by deed recorded in Deed Book 1617,
page 499 in the Clerk's Office of the
City of Virginia Beach, Virginia.
Adopted by the Council of the City of Virginia Beach,
Virginia on the 2nd day of August , 1 9 8 2
APP"OVED AS 0 COII'REN"
DEPAI,Zl @AENT
82 -
R E S 0 L U T I 0 N
WHEREAS, on January 11, 1982, City Council. by ordinance
requested that the Director of Finance not expend any funds in excess
of $100,000 for the construction of, or addition to capital facilities
without the project having been authorized by City Council; and
WHEREAS, the following project had not been listed as a part
of previous bond authorizations or allocations of revenue sharing:
4-807 Great Neck Meadows - This project
is for the acquisition and development
of 10.8 acres for use as a park.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA, that the project listed above is recognized
and approved as a capital project under Section 1-208(c) of the Virginia
Beach City Code.
Adopted by the City Council of the City of Virginia Beach,
Virginia, on the Second day of August 1982.
APP;ZOVED,U, TO COt4TENT
-@@P,,\RIMFNT
A 0 F i
-7
83 -
- 84 -
ITEM II-I.3.b ITEM #18535
Upon motion by Councilman Jones, seconded by Councilman
McCoy, City Council voted to uphold the recommendation of
the City Manager and ADOPT the Ordinance to authorize a
temporary encroachment into a portion of the right-of-way
of Weller Boulevard to Kempsville Lake No. 1 PartnershiP-
Approval is subject to the following:
1. The property owner agrees to remove the
encroachment, if necessary, at his own
expense and holds the City harmless of
any liability.
2. The property owner agrees that any
vegetation used in landscaping the
area around or near this encroachment
shall be approved by the Division of
Landscape Services.
3. This Ordinance shall not be in effect
until such time that the Kempsville
Lake No. 1 Partnership executes an
agreement with the City of Virginia
Beach encompassing the afore-mentioned
provisions and other provisions deemed
appropriate by the City Attorney.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober,
Vice Mayor Barbara M. Henley, H. Jack Jennings,
Jr., Mayor Louis R. Jones, Robert G. Jones, W. H.
Kitchin, III, Reba S. McClanan, J. Henry McCoy,
Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
85-
Requested by: Department of Public Works
AN ORDINANCE TO AUTHORIZE A TEMPORARY
ENCROACHMENT INTO A PORTION OF THE
RIGHT-OF-WAY OF WELLER BOULEVARD TO
KEMPSVILLE LAKE NO. 1 PARTNERSHIP
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That pursuant to the authority and to the extent
thereof contained in Section 15.1-893, Code of Virginia, 1950, as
amended, the Kempsville Lake No. 1 Partnership is authorized to
erect and maintain a temporary encroachment into a portion of the
City right-of-way of Weller Boulevard.
That the temporary encroachment herein authorized is
for the purpose of community identification sign and landscapinq
and that said temporary encroachment shall be erected in
accordance with the City of Virginia Beach Public Works
Department's specifications as to size, alignment and location,
and further that such temporary encroachment is more particularly
described as follows:
An area of encroachment into a portion of
the City's right-of-way known as Weller
Boulevard, as shown on that certain plat
entitled: "LANDSCAPE PLAN for KEMPSVILLE
LA" by Moore," a -copy f which is
file
Fn the Virginia Beach Department
of Public Works and to which reference is
made for a more particular
description.
PROVIDED, HOWEVER, that the temporary encroachment
herein authorized shall terminate upon notice by the City of
Virginia Beach to any officer of Kempsville Lake No. 1
Partnership and within thirty (30) days after such notice is
given, said community identification sign and landscaping shall
be removed'from the City right-of-way of Weller Boulevard by the
Kempsville Lake No. 1 Partnership, and that the Kempsville Lake
No. 1 Partnership shall bear all costs and expenses of such
removal; and PROVIDED FURTHER, that it is expressly understood
and agreed that the Kempsville Lake No. 1 Partnership shall
indemnify and hold harmless the City of Virginia Beach, its
agents and employees from and against all claims, damages,
losses, and expenses including reasonable attorney's fees iii case
-86-
it shall be necessary to file or defend an action arising out of
the location or existence of such community identification sign
and landscaping; and
PROVIDED FURTHER, this ordinance shall not be in effect
until such time that the Kempsville Lake No. 1 Partnership
executes an agreement with the City of Virginia Beach
encompassing the afore-mentioned provisions and other provisions
deemed appropriate by the City Attorney.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the 2 day of August 19@.
MES/re
4/5/82
6/3/82
(29C)
APPFZOVED AS TO COKITENT
SIG@4ATU!<E
-2-
-8 7 -
ITEM II-1.3.c ITEM #18536
Upon motion by Councilman Kitchin, seconded by Councilman
Baum, City Council voted to uphold the recommendation of
the City Manager and ADOPT the Ordinance to authorize a
temporary encroachment into a portion of the right-of-way
of Caspian Avenue to Gary M. Price, his heirs, assigns
and successors in title.
Approval is subject to the following:
1. The owner agrees to remove the encroach-
ment within 30 days, at his own expense,
when notified by the City to do so.
2. The owner agrees to keep and hold the
City harmless of any liability as a result
of this encroachment.
3. The owner agrees to maintain this encroach-
ment so as not to become unsightly or
hazardous.
4. This Ordinance shall not be in effect until
the execution of an agreement with the City
encompassing the above provisions.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober,
Vice Mayor Barbara M. Henley, H. Jack Jennings,
Jr., Mayor Louis R. Jones, Robert G. Jones, W. H.
Kitchin, III, Reba S. McClanan, J. Henry McCoy,
Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
-88-
Requested By Department of Public Works
AN ORDINANCE TO AUTHORIZE A TEMPORARY
ENCROACHMENT INTO A PORTION OF THE
RIGHT-OF-WAY CASPIAN AVENUE TO GARY
M. PRICE, HIS HEIRS, ASSIGNS AND
SUCCESORS IN TITLE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That pursuant to the authority and to the extent
thereof contained in Section 15.1-893, Code of Virginia, 1950, as
amended, Gary m. Price, 700 Winston Salem Avenue, his heirs,
assigns and successors in title is authorized to construct and
maintain a temporary encroachment into the right-of-way of
Caspian Avenue.
That the temporary encroachment herein authorized is
for the purpose of erecting and maintaining a floating dock and
that said encroachment shall be erected and maintained in
accordance with the City of Virginia Beach Public Works
DePartment's specifications as to size, alignment and location,
and furthe r that such temporary encroachment is more particularly
described as follows:
An area of encroachment into a portion of
the City's right-of-way known as Caspian
Avenue on the certain plat entitled:
"PROPOSED FLOATING DOCK IN RUDEE INLET AT
VIRGINIA BEACH", a copy of which is on
file in the Department of Public Work and
to which reference is made for a more
particular description.
PROVIDED, HOWEVER, that the temporary encroachment
herein authorized shall terminate upon notice by the City of
Virginia Beach to Gary M. Price, his heirs, assigns and
successors in title and that within thirty 30 days after such
notice is given, said encroachment shall be removed from the City
right-of-way of Caspian Avenue and that Gary M. Price, his
heirs, assigns and successors in title shall bear all costs and
expenses of such removal.
89-
AND, PROVIDED FURTHER, that it is expressly understood
and agreed that Gary M. Price, his heirs, assigns and successors
in title shall indemnify and hold harmless the City of Virginia
Beach, its agents and employees from and against all clai-,ns,
damages, losses, and expenses including reasonable attorney's
fees in case it shall be necessary to file or defend an action
arising out of the location or existence of such encroachment.
AND, PROVIDED FURTHER, that this ordinance shall not be
in effect until such time that Gary M. Price executes an
agreement with the City of Virginia Beach encompassing the
afore-mentioned provisions.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the 2 day of August 1982.
MES/re
7/13/82
(29A)
APPROVED AS TO CO@ITEIIIT
SIGNATU@',E
-2-
90-
CITY ENG!.Iqf,@'S C),FICE
CITY ()f Vi2GiNiA -rr,ACH
CA5PIiluj la #,i.@
50'
APR 29
CITY D\'GINEE;Z
CITY C)F VIRGIN
14zz 1/2q,,P-l Li
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tar
C)FTICE
].Y C: V..K--INIA BEAcji
7o @,4--@, D ce-,t
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1, 4
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9 1-
9 El w
APR 29 1982
CITY ENGINEF.-N'S O.MCE
CITY OF VIPGINIA LEACH
APR 1 3 -Lc'3'.
Cl'ry ENGTN[LR'S OMCE
CjTy D,,Gil@IER" OFFICE V-114 f f,e. 1 @,,4 C,Ty OF VIRGII,41A BEACH
CiTy Of VIRGINIA UA@
6 L
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14 - P,?
cl
- 9 2 -
ITEM 11-I.3.d ITEM #18537
Attorney Richard Brydges represented Mr. Elkin Lachman owner
of Ocean Eddies
Attorney Grover C. Wright, Jr., represented the Virginia
Beach Fishing Pier, Inc.
Attorney Stanley A. Phillips, representing Sand Castle
Motel, Inc., (John Vakos), spoke in opposition.
Councilman Kitchin made a motion, seconded by Councilman
Jennings to ACCEPT the Agreement with the following changes
as outlined by the City Attorney:
Section 9 - It is hereby agreed and expressly understood that
on and after December 31, 1982, the Pier and Amusement Company
will not itself conduct or operate or allow others to conduct
or operate any loud speakers, or dancing on the pier period.
Additionally, on and after December 31, 1982, no music shall
be played on the pier through radio or any other device which
is audible outside the buildings or structures located on the
Pier.
Councilman Jones offered an AMENDMENT to the MAIN MOTION to
read as follows:
Section 9 - It is hereby agreed and expressly understood
that on and after December 31, 1982, The Pier and Amusement
Company will not itself conduct or permit nor allow others
to conduct or permit any nuisance, dancing, music, noise
or other sounds which are audible outside the buildings or
structures located on the Pier.
The main motion reads as follows:
Upon motion by Councilman Kitchin, seconded by Councilman
Jennings, City Council voted to ADOPT the Ordinance authorizing
the City Manager to execute an agreement extending the franchise
of the Virginia Beach Fishing Pier, Inc., for a period of five
(5) years under certain terms and conditions;
AND, ACCEPT an amendment to Section 9 of the Agreement to
read as follows:
"It is hereby agreed and expressly understood that
on and after December 31, 1982, The Pier and
Amusement Company will not itself conduct or permit
nor allow others to conduct or permit any nuisance,
dancing, music, noise or other sounds which are
audible outside the buildings or structures located
on the Pier."
Voting: 10-0
- 9 3 -
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober,
H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert
G. Jones, W. H. Kitchin, III, Reba S. McClanan, J.
Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Abstaining:
Vice Mayor Barbara M. Henley
Council Members Absent:
None
94-
AN ORDINANCE AUTHORIZING CITY MANAGER TO
EXECUTE AN AGREEMENT EXTENDING THE
FRANCHISE OF THE VIRGINIA BEACH FISHING
PIER, INC. FOR A PERIOD OF FIVE YEARS
UNDER CERTAIN TERMS AND CONDITIONS
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That the City Manaaer is authorized to execute the
franchise agreement attached as Exhibit 'A' between the City of
Virginia Beach, a municipal corporation of the Commonwealth of
Virginia, and the Virginia Beach Fishing Pier, Inc., a Virginia
stock corporation, which owns and operates a wooden fishing pier
structure that projects into the waters of the Atlantic Ocean at
15th Street in the City of Virginia Beach, Virginia.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the .2 day of August 1982.
JDB/sm
7/28/82
(MISC)
0 0 -
y 111, 1962
2:30 P.,14.
A Special l@octing Of tlle COtillcil of '@h, lity Of l'i"ginizi Beach:was h,ld i,
tlie Council. Cliam.')ers oil I.',Onday, l@lty lb, 19(1? at 2:"O P.M. Ul tile councilriien were
On notion by 1-ir. Tarr--3-1, seccr,,ded by @'x. ';,IoCoribs, and by unanin-ous vo@e
open bids on the Virginia B
each Fishing Pier were carried ovr until 10:00 A.T.
L
l-'aY 15, 1962. The nee,in, las adjourn d until --sday,
Ti, l@!aY 15, 1962 at lo..C)o A.If.
.One-bid Tas received on Fisiling or I-r<)Yr lirgi a B
each Piei,;,ird Anu@erlent
Company. An iniitation to bid as follows-
The Cit-@y Council of the City of Ilirginia Bea-li asks bids on tlie
roiistruction and o,)er,,,tibn of a fishir.,@. and aruserent pier in the
Ci@v of Vi.r.,j.ma B-cach oti the ocean':, rotit wi@hin tlie'areL betweezi
I)Ith and 15th Street ad ccrrren,@-,,, at Ocean Avenue, ',Torth ar)-
proxir,.ately 100 feet fro,-,' the northeas@@ coriler of Illth Stree@ and
Oceaii Avenue, thence eastward',y into the Atlantic Ocean.
t.:
Any.franciii--e a@7arded Linder this i.nvi@@ati.on shall be subject to-
1. 'fhat the ccnstruction be in accordazice u-ith plans
proved
and specifications 'uriiished t, tiie City 'ngireer and ap
by said City Enpireer prior to onening of bids.
2. That such bidder sh2li furni,sh with th@ bid, approval
of the United Stat-s Corps of En2ineers for 5ucli constrt,.ction.
3. That the nairi@@enance arid oz)@ratioli of tlie pier sliil.1 be
'I c of the -]ty of Vir@,@i-:, B ach
iii accoi,d ance with t'r,,e orclitin es I i e
and tlie l@iws of the Co,i,,@,oni,e@ith cf Virginil.
Th@it t-he Ci-ty Er.@.@ireer ani other Cd.ty cfficials shall be
alloi-iod to enter unozi sa@-d pier to inspect tl)e pier and its
facilities at a,-@y and al@ t-@res.
5. That all pilin@.- shall be niide of stee.1 iiicluding all re-
placcn:ent pilings, iiniess other-Kise aD
.proi@ed bv the City Fn"incer.
6..I'hat tlie Dier shall dui,ir@ the entire r)ei,iod of the-said
f.i,anchise be kent -,nd naintained in gocd piiys,"cal ordei,, upon the
penalty of forfei@ure of @@he said fra-chise at any tir.-.e bv resol-
of the Couticil o- tlie City of V@-rgirda Lleach if @'he san.-e is i;
in tlieir opinicn irmrc,-erly nciinta4.rcd, a-d if for any reason the
said pier is discon@ini-,ed or not fu-ther used, the franchisee
hereby covenants to reriove the same.
7. Tliat all necess-,rv -,rd i)ro,,)er 14.cciase be obtained and all
special taxes rea dred by the City of Ilir,inia Peach be Drorijtly
paid.
8. That the franchisee i.!ill Day to the City prc,-,Mtl@ in ac-
cordance with tlie a.,reect terr.,@s the sum bid -,or the franchise.
9. Tha-@ the -f'rar@cl,,isce sl,all provi@-e adequate off-.,@@reet
parl-dn,l irrrediately adjacent to the pier site.
IO.T"nat cons'@ruction will be crr,,rienced ,,@thin fifteen (15)
days of the aiiardin@. of '@-hc franc@ise ard e@,ediously ccnioleted..
II Tiiat the franchi--ee a-,re@-,- to ard hol@- City
of Vir,,@ nia --Ileic)i fi-ee itid harmlegs fi,CT.-, 3,,-ab-,'--@,i@@V on @iccoi,,,-It of
inji-,i-3, and daj,.a,c to oerson or p-odel,ty out of the oncra-
tic,n ol- -tlic on sai-11 or h,@ -ca7,,@n of @l,,c
3,@d in the even'@- tl-@at ,3,jit '--e brou,,-.%t i:-aitist tFe
C.i@.tv of @.-,ach
or joiritl-i ,i,i-,,h
L@i@l L;. 011 ;, c; 0IlilL, of tni-s f'l,,illci)i3e, the said .,Irarchisce i,,ill
c!r--or;cl 4!ic Ci-@ly iii iny ,3ucl,. suit at @rz,,nchis(.,Ols cost ar,.cl iiill I)ay aiiy
jildr,r.!@i'ctit @:),,ich 1,@,y bc @-,,2cu,,ed the City ei-thc,,r
-irc sc@c
or joiiitly i,7-'It@i arcl f'iii,lli@@r t!iat r, , hi. wi
-i c c, @ I , )p, ny
t@l('. Ci.i@y 'l poaj.c, cf ili,i:ra, ',i so: io r --.c c@r I
to tiic (;iti to tli(, Ci Fil @ii
12. 'i'li@,t be@@ci,o rirl.i@s or 7i,ztn',.,-d hci,edii are
by
tol"@c Ci.t%- o@
in ti@@- oi@
cc):
@:,Cl 1 0 1 -
tc=:-, c" -,.@,d
in
ou'@ *@hc! f
'C@ise is t,o extend fcr a pcr4-cd cf twen'@y (20)
yel-@s or t:ltil S,-l-- @-c re,,-c)',:ed fcr fail,@l-C to ccr.@,ly
ifith tli@ *@@r-cs o-- fo-, o@!icr gLDl c-vse.
,ra@@ if tl,,L C, 4-y
f Vir-'Il-: t,i.@t the ex-is-
teiice of a pie- at tllis location tli-n--Iers t!,c@ iorri:,l I'lrw o@@ s,-@d aloii,-
4
the beach front, he franchisee a,,rees to sach nc.-cessary col-rec-c'
ticns as the City r.-.ay require.
The City reserves the right to refuse all bids.
All bids shall be--eturnable to the Clc-,rl' of the City Coiinc,@:L on or be-
fore l'ondav, "@Y IL,, 1962, at 2:30 O'c'ocl p.r,,.., at w@iich t-i.-le all b@-ds
will be cpened.
Approved for advertisement by %'ii-giv-ia @-,icli City Coinci.1 b/2/62.
CITY OF V-IRGIlaA BFJCH
Leiiis F. Sn,,ith
'The following bid is from the Ilirginia @-acli Picr and Ah@sement CCT,-..Oany:
Virginia 13cach Picr and ATusrnen+. Comoan-,, rubl,.its its b@d t, co-,istrtict
@nd operate a t-isliing and Amusement @er in the City of lli-rgirda Beach
on the oc-an front,.witliin the area bet@,,een Ilith and 15th Streets, in
t@e City of Virgir-ia Beacli, cc,7nencil,,7 on Ocean kveniie north ai)lDro)@--
rqately one hiirdred (1001) feet fro-.q the nort,heast ccrner of 11-,th
Street and Ocean -Ivc,-tic; t'lence eas'l-e-ly into tlie Atlaiitic Ocean; and
agrees that i@- a;.,P-rded tl,.e franciiise tha@@ it idll copf-@truct a Dier
in a ccordaiice .,ith i)lans and sdeci 1-iciitio,:s fvrrisled by the Ci@@y
En@.ineers and statbs tliat it has subriiitted its plai)s to the City r-n-
gir.eers.
TI-TAT it has aDDroval of t)ie ArTrv Eiigincers, and tliat it will oner@ille
' i,e i)icr in accard'ance wit!! the or(-@ nances of the .City
and m-iintain t I
of Virgini.a REach and -@h-- laws of '@he Coir.,ron@,ealth of Vii-l-sinia, and
that it will co,7,oly with all tlie condit4-cns 1!ld provisi-ons S-t forth
in the in%ritation to b@-d tlie sa.,re as if inccrDol-ated in this bid, @%tid
that i@, i.,ill i)ay to tlie Ci+.y cfr the franci@@s- in additicn to @he coti-
pliance uith the i)rovisiozis of the in@,ita@,,ion, the sum of 7'rlree Thousand
($3,000.00) Dollars Dervear, and uay in addition thereto the same fees
and other ccsts as atdlicable to ail other T-.crchants o-De.-atin@ si.@lar
businesses in the City of Virginia E@-,cli, -!,.al@ all -9,,ch c-ts an.,-,' fe
c, e ,!th tl,e -es and regul-aticns Dersu-ibed by
L) -ghall- be in acc rdan
>,. the City Courcil fo.- the City of Vir.@ina @-elch or its @uly designated
-0 representatives.
This bid is irade in accordance i;ith the invitation duly published bv
,the City of Virginia @e@,ch and if this bid is accepted,.th-- unaer-
signed a@.rees to ccrp-@.ence work prc-r)lly and r)rosecute the const.-uctioi
of the T)ier to ccmidlel-@on prom[)tl@,,
in accordarce with the ini-ital@i-or.
0 IrIROIr!:A -3-@Ci! PI-t2 A"'D CO.
City of Ilirgiria @e-,ch
vi. ilisseil iiaLc,,;ci7 city
N YnotJ.on of ?.r. Citon, !-,,iconcled 1)@i "',r. Tirr.All and by iii),ininoiis vote I,I!e I)i(i
D(,ach i@'icr ii!ici -,icc(,.pt(l(i.
9 5 -
THIS AGREEMEN-T, made this day of
1982, by and between the CITY OF VIRGINIA BEACH, a municipal
corporation of tlie Commonwealth of Virginia, hereinafter calle@
the City, and VIRGINIA BEACH FISHING PIER, INC., a Virginia stock
corporation, which owns and operates a wooden fishing pier
structure which projects into tlie waters of the Atlantic Ocean at
15th Street in the City of Virginia Beach, Virginia, and VIRGINIA
BEACH AMUSEMENT COMPANY, a Virginia general partnership, which
owns certain real property located at 15th Street and Atlantic
Avenue in Virginia Be.ach, Virginia. Both companies hereinafter
collec@lively referred to as the Pi,r and AMLIsement Company;
WITNESSETH THAT:
WHEREAS, in settlem ent of a controversy between the City
and the Pier and Amusement Compaiiy which has its ro,ts in a
franchise issued to the Pier and Amusement Company's predecessor
in title by the City Council of the City oli May 14, 1962 (a copy
of which is attached hereto and made a part hereof and is marked
"Exhibit A") perniitting the construction and operation of a pier
at said location, same being a replacement structure for a pier
which had existed and been operated by tlie Pier and Amusemeiit
Company prior thereto, the controversy involving, among other
things, franchise fees due the City by the Pier and Amusement
Company and the validity of the May 14, 1962 grant;
NOW, THEREFORE, the parties, having compromised, settled
and satisfied all matters in dispute between them, do hereby set
forth a written memorial of that agreement, and hence do agree as
follows:
1. The Pier and Amusement Company acknowledqes the
riglits of the C.ity and of the public to the use of tbe beach area
between the platted lot lines of the propertv of the Pier and
Amusement Cornpany and the Atlantic Ocean and the right of the
City to reasonably regula te same in the public interest, same
being recognized as having been dedicated as a public recreation
easeniont.
9 6 -
2. Except as may be amended herein, the parties
acknowledge and agree to be hound and obligated by the terms,
conditions, limi-tations, riqlits and duties stated in the
invitation to bid and the bid (hereinafter called "franchise.)
contained in the minutes of the City Council of the City of
Virginia Beach on May 14, 1962, a copy of which is attached
hereto and made a part hereof as if fully stated herein, and is
marked "Exhibit A'.
3. The parties aqree that pursuant to Section 15.1-314
of the Code of Virqinia 19tO as amended, the franchise d--scribed
in "Exhibit A," which was to expire and terminate on May 14,
1982, shall be extended for a t6rm of Five (5) years, uritil May
13, 1987, and that during the period of the extension of the
franchise the parties shall be subject to the provisions of
"Exhibit A" as well as this contract.
4. The Pier and Amusement Company agrees to pay to the
City the sum of Fifteen Thousand Dollars ($15,000.00), which sum
represents unpaid and past due franchise fees. The Pier and
Amusement Company further agrees that it will pay the City the
sura stated in this paragraph, without demand, immediately after
this contract has been signed by the parties hereto.
5. The City hereby rele ases the Pier and Amusement
Company from clai-ms for any remaining past due'franchise fees in
excess of the sum stated in paragraph Four (4) above, the parties
recognizing that any past due fees in excess-of that su,.n are
barred by the statute of limitations.
6. The parties agree that during the term of the
extension of the franchise, the Pier and Amusement Company shall
pay to the City a fee of Three Thousand Dollars ($3,000.00)
annually. The said annual 11-ee shall be paid, without demand, to
the Treasurer of the
-2-
9 7 -
installments on or before the following dates:
Date fee @@o bc
may 14,' 1982 thru May 13, 1983 May 14, 1982, or
immediately after this
contracl. is signed by
the parties hereto
(whichever is later)
May 14, 1983 thru May 13,- 1984 May 14, 1983
May 14, 1984 thru may 13, 1985 May 14, 1984
May 14, 1985 thru May 13, 1986 May 14, 1985
May 14, 1986 thru May 13, 1987 May 14, 1986
7. The Pier and AMusement Company acknowledges tliat in
addition to the aforesaid franchise fee its operations are
rubject to all other applicable laws, including, but not limited
to state and municipal ordinances relating to noise and
nuisances, permits and licensing, license taxes, admissions
taxes, and sales taxes.
8. The Pier and Amusement Company hereby agrees and it
is distinctly Understood that no business activities shall be
allowed or conducted or operated on the pier except the
following:
a) rental and sale of tackle and bait for fishing,
both natural and artificial.
b) restaurant, the space of which shall not exceed
an area of forty-four (44) feet by fifty-three
(53) feet.
9. It is.hereby agreed and expressly understood that
on and after December 31, 1982, The Pier and Amusement Company
will not itself conduct or permit nor allow others to conduct or
permit any nuisance, dancing, music, noise or 6ther sounds which
are aud4-ble outside the buildings or structures located oii th,
pier.
10. It is hereby agreed and expressly understood that
the rights, duties and privileges, and interest granted herein,
shall not be assignable wi@thout the consent and prior writteri
approval of the City of Virqini-a 13cach.
98-
11. If any provision(s) of this contract is declared
invalid by any tribuiial, the remainiftg provisions of the contract!
sliall not be affected thereby.
12. Tliis contract represents the complete agreement of
the parties dnd may not be changed, modified, amended, enlarged
or extended unless so stated in writing, and signed by the
parties, and where required by law, approved by the City Council
of the City of Virgi.nia Beach.
WITNESS the follow-ing signatures and seals.
CITY OF VIRGINIA BEACH
By
Thomas H. Mu
City manager
Attest:
Rutli H s Smith
City Clerk
VIRGINIA BEACH FISIIING PIER, INC.
By
Sam Lachman, resfa nt
VIRGINIA BEACH AMUSEMENT COMPANY
By
Albert I.,. Bonney
General Partner
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to wit:
I,
a Notary Public
in and for the City and State aforesaid do here!:)y certify
ThOMAS H. MUEHLENBECK, City Manager, and RIJTH liODGES SMITH,
Clerk, for th City
e City of Virginia Beach, whose names as such are
signed to the foregoinq v7riting bearii'lg date on the_ day of
19-1 have acknoivledged tlie same before me iii iny
City and State aforesaid.
-4-
99 -
Given under my hand this day of
1982.
Notar@ Public
My Commission-expires:
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to wit:
I, a Notary Public
in and for the City and State aforesaid do hereby certify that
SAM LACHMAN, President of the VIRGINIA BEACH FISHING PIER, INC.,
whose name as such is signed lEo tlie foregoing writing bearing
date on the _ day of , 19-, has ackiiowledged the
same before me in my City and State aforesaid.
Given under my hand this day of
19-.
Notary Public
My Commission expires:
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to wit:
a Notary Piablic
in and for the City and State aforesaid do herebv certify that
ALBERT L. BONNEY, General Partner of the VIRGINIA BEACH AMUSEMENT
COMPANY whose name as such is signed to the foregoing writing
bearing date on the day of 19 has
acknowledged the same before me in my City and State aforesaid.
Given under my hand this day of
19-.
Notary Public
(A-48.12)
5/26/82
- 10 2 -
A P P 0 I N T M E N T S
ITEM II-J-2 ITEM #18538
Upon nomination by Councilwoman Oberndorf, City Council
APPOINTED Councilman Robert G. Jones to serve as Chairman
of the CITIZENS COMMITTEE TO STUDY IMPACT OF STATE/FEDERAL
LEGISLATIVE ACTIONS ON CITY GOVERNMENT.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober,
Vice Mayor Barbara M. Henley, H. Jack Jennings,
Jr., Mayor Louis R. Jones, Robert G. Jones, W. H.
Kitchin, III, Reba S. McClanan, J. Henry McCoy,
Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
- 103 -
ITEM II-J.3 ITEM #18539
Upon nomination by Councilman Heischober, City Council
APPOINTED Councilwoman Nancy A. Creech and Councilwoman
Reba S. McClanan to the COMMITTEE TO REVIEW BID PROPOSALS
ROSE HALL - FRANCIS LAND HOUSE.**
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober,
Vice Mayor Barbara M. Henley, H. Jack Jennings,
Jr.,* Mayor Louis R. Jones, Robert G. Jones, W. H.
Kitchin, III, Reba S. McClanan, J. Henry McCoy,
Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
*COUNCILMAN JENNINGS VOICED A VERBAL "AYE".
**The balance of the Committee will be appointed August 9,
1982.
- 104-
C A N C E L L E D M E E T I N G
ITEM II-L.1 ITEM #18540
Upon motion by Councilman Baum, seconded by Councilwoman
Oberndorf, City Council voted to CANCEL the Regular Council
meeting on the Third Monday in September (September 20, 1982)
to allow the Members to attend the Annual Virginia Municipal
League which is being hosted by the City of Virginia Beach.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober,
Vice Mayor Barbara M. Henley, H. Jack Jennings,
Jr.,* Mayor Louis R. Jones, Robert G. Jones, W. H.
Kitchin, III, Reba S. Mcclanan, J. Henry McCoy,
Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
*COUNCILMAN JENNINGS VOICED A VERBAL "AYE"
- 10 5 -
E X E C U T I V E S E S S I 0 N
ITEM II-M.1 ITEM #18541
Upon motion by Councilman Baum, seconded by Councilman McCoy,
City Council voted to RECESS into EXECUTIVE SESSION
(5:13 p.m.), for the purpose of discussing Personnel Matters,
Legal Matters and Appointee Evaluations, after which to
adjourn.
Voting: 1 1- 0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober,
Vice Mayor Barbara M. Henley, H. Jack Jennings,
Jr., Mayor Louis R. Jones, Robert G. Jones, W. H.
Kitchin, III, Reba S. McClanan, J. Henry McCoy,
Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
- 1 0 6 -
A D J 0 U R N M E N T
ITEM II-N.1 ITEM #18542
Upon motion by Vice Mayor Henley, City Council adjourned at
7:40 p.m.
Diane M. Hickman, Deputy City Clerk
RAth Hodge!r Smith, CMC, City Clerk Mayor Louis R. Jones
City of Virginia Beach,
Virginia
2 August 1982
dmh/asd