JULY 7, 1980 MINUTES
A G E N D A
VIRGINIA BEACH CITY COUNCIL
MONDAY, 7 JULY 1980
ITEM I INFORMAL SESSION: 1:00 p.m. - Conference Room
A. CALL TO ORDER - Mayor Patrick L. Standing
B. ROLL CALL OF COUNCIL
C. MOTION TO RECESS INTO INFORMAL/EXECUTIVE SESSION
D. PRESENTATION/DISCUSSION OF PERTINENT MATTERS:
1. Virginia Beach, Virginia: A Beach Parking Analysis:
Report by the Virginia Beach Research and Advisory
Council.
2. Kempsville Road Project: Discussion.
ITEM II FORMAL SESSION: 2:00 p.m. - Council Chambers
A. INVOCATION- Reverend Morris Cottle
Pastor
Virginia Beach Community Chapel
B. PLEDGE OF ALLEGIANCE
C. ROLL CALL OF COUNCIL
D. ORGANIZATION OF VIRGINIA BEACH CITY COUNCIL - J. Curtis
Fruit, Clerk, Virginia Beach Circuit Court, Presiding
A. OATH OF OFFICE TO COUNCIL MEMBERS
B. ELECTION OF MAYOR
C. ELECTION OF VICE-MAYOR
D. FORMAL SEATING OF VIRGINIA BEACH CITY COUNCIL
E. MINUTES OF PREVIOUS MEETING
1. Motion to accept/approve the minutes of 23 June 1980.
ITEM II F. RESOLUTIONS
1. Resolution of Merit to be presented to Seaman Joseph
Pugh.
2. Resolution authorizing the City Manager to execute an
agreement with the City of Norfolk to accept solid
waste generated in and transported by Norfolk to our
Landfill.
G. AGREEMENT
1. An agreement between Clark Whitehill Cornpany and the
City of Virginia Beach pertaininq to the Rosemont Road
Water Tower;
AND, authorize the City Manager to enter into this
agreement on behalf of the City of Virginia Beach.
H. CONSENT AGENDA
All matters listed under the Consent Agenda are considered to
be routine by the City Council and will be enacted by one
motion in the form listed. There will be no separate discus-
sion of these items. If discussion is desired, that item
will be removed from the Consent Agenda and considered
separately.
1. Request of the City Treasurer for tax refunds in the
amount of $558.60.
2. The second reading of an Ordinance to provide an addi-
tional Correctional officer in the Sheriff's Office and
to appropriate $8,784 for this position.
3. The second reading of an Ordinance to accept funds
totaling $23,792 from the Virginia Housing Development
Authority and to appropriate these f-unds.
4. The second reading of an ordinance to increase the
advance from General Fund to the Print Shop Internal
Service Fund by $25,000.
5. The second reading of an Ordinance to increase appro-
priations and estimated revenues in the Water and Sewer
Fund by $867,240.
I. ORDINANCES
1. First Readings
a. An Ordinance to appropriate funds of $83,319 for
salary adjustments for correctional officers and
courtroom security personel.
ORDINANCES (cont'd)
2. Bids
a. DEFERRED FOR TWO WEEKS ON 23 @E 1980
A@ceptance of bids for the Bradford Terrace
Sanitary Sewer Facilities.
The City Manager requests deferral for an
additional week.
J. OLD BUSINESS
K. NEW BUSINESS
1. Report of Parking Study Committee, Virginia Beach
Research and Advisory Committee - Mr. Jim Owens,
Vice-President, VBRAC
L. ADJOURNMENT
1. Motion to adjourn.
M I N U T E S
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
7 July 1980
The Regular Meeting of the Council of the City of Virginia Beach,
Virginia, was called toorder by Mayor Patrick L. Standing, in
the Conference Room, in the Administration Building, on Monday,
7 July 1980, at one o'clock in the afternoon.
Council Members Present:
John A. Baum, F. Reid Ervin, Harold Heischober,
Barbara M. Henley, Clarence A. Holland, W. H.
Kitchin, III, Reba S. McClanan, Vice Mayor J.
Henry McCoy, Jr., Donald W. Merrick, Meyera E.
Oberndorf, and Mayor Patrick L. Standing
Council Members Absent:
None
ITEM #15314
Mayor Standing 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. Discussion or consideration of employment,
assignment, appointment, promotion, demotion,
salaries, discipline or resignation of public
officers, or employees of any public body.
(Personnel Matters).
2. Discussion or consideration of the condition,
acquisition or use of real property for public
purpose, or other disposition of publicly held
property. (Acquisition, use or disposition of
publicly held property).
3. Consultation with legal counsel and briefing
by staff members, consultants, or attorneys per-
taining to actual or potential litigation, or other
legal matters within the jurisdiction of the public
body. (Legal Matters).
07/07 /80
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Voting: 11-0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, Harold Heischober,
Barbara M. Henley. Clarence A. Holland, W. H.
Kitchin, III, Reba S. McClanan, Vice Mayor J.
Henry McCoy, Jr., Donald W. Merrick, Meyera E.
Oberndorf, and Mayor Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
None
M A T T E R S B Y C 0 U N C I L M E M B E R S
ITEM #15315
Councilman Holland apologized to C.uncil for any embarrassment
he may have caused them or the citizens of the City for the
publicity received concerning his property at Baylake Beac-h.
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City Manager Hanbury advised Council that the report by the Virginia
Beach Research and Advisory Council concerning the parking problems
in Virginia Beach will be on the FORMAL AGENDA.
ITEM #15316
City Manager Hanbury advised Council of the letters received from
Harold C. King, Commissioner, Department of Highways and Transportation,
advising Council that in order to transfer funds for the Virginia
Beach Boulevard project, Kempsville Road would have to be made a Federal
project, as the funds for the Virginia Beach Boulevard project were
F@deral Funds and not State funds.
Mayor Standing appointed the following members of Council to study
this matter and report back to Council at its meeting of 14 July 1980:
Vice Mayor J. Henry McCoy, Jr.
Councilwoman Meyera E. Oberndorf
Councilman F. Reid Ervin
Councilman Clarence A. Holland
City Council recessed into the EXECUTIVE SESSION (1:30 p.m.), for
briefing prior to the FORMAL SESSION in the Council Chambers.
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F 0 R M A L S E S S I 0 N
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
7 July 1980
two o'clock in the afternoon
Council Members Present:
John A. Baum, F. Reid Ervin, Harold Heischober,
Barbara M. Henley, Clarence A. Holland, W. H.
Kitchin, III, Reba S. McClanan, J. Henry McCoy,
Jr., Donald W. Merrick, Meyera E. Oberndorf,
and Patrick L. Standing
Council Members Absent:
None
INVOCATION: Reverend Morris Cottle, Pastor, Virginia Beach Community
Chapel.
PLEDGE OF ALLEGIANCE
(ITEM II-D) ITEM #15317
Mayor Standing invited the Clerk of the Virginia Beach Circuit
Court, J. Curtis Fruit,to preside for the election of the Mayor
and Vice Mayor for the City of Virginia Beach for terms of two
years, 1980 through 1982, and administered the formal Oaths of
Office to:
Councilman John A. Baum
Councilman Harold Heischober
Councilman W. H. Kitchin, III
Councilwoman Reba S. McClanan
Councilwoman Meyera E. Oberndorf
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(ITEM II-D.B) ITEM #15318
Chairman Fruit opened the floor for nominations for the election
of the Mayor of the City of Virginia Beach.
Councilman Holland placed in nomination the name of J. Henry McCoy,
Jr., DDS.
Councilman Ervin placed in nomination the name of Donald W. Merrick.
Councilman Baum placed in nomination the name of Meyera E. Oberndorf.
Upon motion by Councilman Standing, seconded by Councilwoman Henley,
City Council voted to CLOSE the nominations for election of the
Mayor of the City of Virginia Beach.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, Harold Heischober,
Barbara M. Henley, Clarence A. Holland, W. H.
Kitchin, III, Reba S. McClanan, J. Henry McCoy,
Jr., Donald W. Merrick, Meyera E. Oberndorf,
and Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
None
07/07/80
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Voting: 3/4/4
LVoting for Councilman McCoy:
Clarence A. Holland, J. Henry McCoy, Jr., and
Patrick L. Standing
Voting for Councilman Merrick:
F. Reid Ervin, Harold Heischober, Reba S. McClanan,
and Donald W. Merrick
Voting for Councilwoman Oberndorf:
John A. Baum, Barbara M. Henley, W. H. Kitchin, III,
and Meyera E. Oberndorf
There being no majority vote the nominations were restated.
ITEM #15319
Chairman Fruit opened the floor for nominations for the election
of the Mayor of the City of Virginia Beach.
Councilman Baum placed in nomination the name of Meyera E. Oberndorf.
Councilman Holland placed in nomination the name of J. Henry McCoy,
Jr. , DDS .
Councilman Ervin placed in nomination the name of Donald W. Merrick,
Upon motion by Councilman Standing, seconded by Councilman Heischober,
City Council voted to CLOSE the nominations for election of the
Mayor of the City of Virginia Beach.
Voting: 11-0
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Council Members Voting Aye:
John A. Baum, F. Reid Ervin, Harold Heischober,
Barbara M. Henley, Clarence A. Holland, W. H.
Kitchin, III, Reba S. McClanan, J. Henry McCoy,
Jr., Donald W. Merrick, Meyera E. Oberndorf,
and Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
None
Voting: 4/3/4
Voting for Councilwoman Oberndorf;
John A. Baum, Barbara M. Henley, W. H. Kitchin, III,
and Meyera E. Oberndorf
Voting for Councilman McCoy:
Clarence A. Holland, J. Henry McCoy, Jr., and
Patrick L. Standing
Voting for Councilman Merrick:
F. Reid Ervin, Harold Heischober, Reba S. McClanan,
and Donald W. Merrick
There being no majority the nominations were restated.
07/07/80
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ITEM #15320
Chairman Fruit opened the floor for nominations for the election
of the Mayor of the City of Virginia Beach.
Councilman Baum placed in nomination the nam,e of Meyera E. Oberndorf.
Councilman Holland placed in nomination the name of J. Henry McCoy,
ir . , DDS .
Councilman Ervin placed in nomination the name of Donald W. Merrick.
Upon motion by Councilman Standing, seconded by Councilman Heischober,
City Council voted to CLOSE the nominations for election of the
Mayor of the City of Virginia Beach.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, Harold Heischober,
Barbara M. Henley, Clarence A. Holland, W. H.
Kitchin, III, Reba S. McClanan, J. Henry McCoy,
Jr., Donald W. Merrici, Meyera E. Oberndorf,
and Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
None
Voting: 4/3/4
07/07/80
9-
Voting for Councilwoman Oberndorf:
John A. Baum, Barbara M. Henley, W. H. Kitchin, III,
and Meyera E. Oberndorf
Voting for Councilman McCoy:
Clarence A. Holland, J. Henry McCoy, Jr., and
Patrick L. Standing
Voting for Councilman Merrick:
F. Reid Ervin, Harold Heischober, Reba S. McClanan,
and Donald W. Merrick
There being no majority, Councilman Holland made a motion, seconded
by Councilman Baum, to RECESS into EXECUTIVE SESSION at 2:25 p.m.,
for fifteen (15) minutes for discussion of a personnel matter
(the election of the Mayor).
Voting: 11-0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, Harold Heischober,
Barbara M. Henley, Clarence A. Holland, W. H.
Kitchin, III, Reba S. McClanan, J. Henry McCoy,
Jr., Donald W. Merrick, Meyera E. Oberndorf,
and Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
None
07/07/80
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ITEM #15321
city Council reconvened in the Council Chambers at 2:46 p.m.
Chairman Fruit opened the floor for nominations for the election
of the Mayor of the City of Virginia Beach.
Councilman Ervin placed in nomination the name of Donald W. Merrick.
Councilman Holland placed in nomination the name of J. Henry McCoy,
Jr., DDS.
Councilman Baum placed in nomination the name of Meyera E. oberndorf.
Upon motion by Councilman Standing, seconded by Councilwoman Henley,
City Council voted to CLOSE the nominations for the election of
the Mayor of the City of Virginia Beach.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, Harold Heischober,
Barbara M. Henley, Clarence A. Holland, W. H.
Kitchin, III, Reba S. McClanan, J. Henry McCoy,
Jr., Donald W. Merrick, Meyera E. Oberndorf,
and Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
None
07/07/80
Voting: 4/3/4
Voting for Councilman Merrick:
F. Reid Ervin, Harold Heiscbober, Reba S.
McClanan and Donald W. Merrick
Voting for Councilman McCoy:
Clarence A. Holland, J. Henry McCoy, Jr.,
and Patrick L. Standing
Voting for Councilwoman Oberndorf:
John A. Baum, Barbara M. Henley, W. H. Kitchin, III,
and Meyera E. Oberndorf
There being no majority vote, Councilman Baum made a motion, seconded
by Councilman Standing, to RECESS into the EXECUTIVE SESSION at
3:00 p.m., to discuss and consider the appointment or assignment
of one of its members to be the presiding officer or Mayor of
the Council.
Voting: 9- 2
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, Harold Heischober,
Barbara M. Henley, Clarence A. Holland, W. H.
Kitchin, III, J. Henry McCoy, Jr., Meyera E.
Oberndorf, and Patrick L.,Standing
Council Members Voting Nay:
Reba S. McClanan, and Donald W. Merrick
Council Members Absent:
None
07/07/80
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ITEM #15322
Council reconvened in the Council Chambers at 3:37 p.m.
Chairman Fruit opened the floor for nominations for the election
of the Mayor o-f the City of Virginia Beach.
Councilman Holland placed in nomination the name of J. Henry McCoy,
Jr., DDS.
Councilman Baum placed in nomination the name of Meyera E. Oberndorf.
Councilwoman McClanan placed in nomination the name of Donald
W. Merrick.
Upon motion by Councilman Standing, seconded by Councilwoman Oberndorf,
City Council voted to CLOSE the nominations for the election of
the Mayor of the City of Virginia Beach.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, Harold Heischober,
Barbara M. Henley, Clarence A. Holland, W. H.
Kitchin, III, Reba S. McClanan, J. Henry McCoy,
Jr., Donald W. Merrick, Meyera E. Oberndorf,
and Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
None
07/07/80
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Voting: 6/3/2
Voting for Councilman McCoy:
F. Reid Ervin, Harold Heischober, Clarence A.
Holland, W. Ii. Kitchin, III, J. Henry McCoy,
Jr., Patrick L. Standing
Voting for Councilwoman Oberndorf:
John A. Baum, Barbara M. Henley, and Meyera E.
Oberndorf
Voting for Councilman Merrick:
Reba S. McClanan and Donald W. Merrick
City Council elected J. HENRY McCOY, JR., as the Mayor of the
City of Virginia Beach, for a two (2) year term ending June 30,
1 9 82 .
ITEM #15323
Chairman Fruit opened the floor for nominations for Vice Mayor
of the City of Virginia Beach.
Councilman Ervin placed in nomination the name of Harold Heischober.
Councilman Baum placed in nomination the name of Meyera E. Oberndorf.
Councilman Holland placed in nomination the name of Barbara M.
Henley; however, Councilwoman Henley declined the nomination.
Upon motion by Councilman Standing, seconded by Councilman Ervin,
City Council voted to CLOSE the nominations for the election of
the Vice Mayor of the City of Virginia Beach.
Voting: 11-0
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1 4-
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, Harold Heischober,
Barbara M. Henley, Clarence A. Holland, W. H.
Kitchin, III, Reba S. McClanan, J. Henry McCoy,
Jr., Donald W. Merrick, Meyera E. Oberndorf,
and Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
None
Voting: 6/5
Voting for Harold Heischober:
F. Reid Ervin, Harold Heischober, Clarence A.
Holland, Reba S. McClanan, Mayor J. Henry
McCoy, Jr., Donald W. Merrick
Voting for Councilwoman Oberndorf:
John A. Baum, Barbara M. Henley, W. H. Kitchin, III,
Meyera E. Oberndorf, and Patrick L. Standing
City Council elected HAROLD HEISCHOBER as the Vice Mayor of the
City of Virginia Beach, for a two (2) year term ending June 30,
1982.
Chairman Fruit administered the Oaths of Office to Mayor J. Henry
McCoy, Jr., and Vice Mayor Harold Heischober.
07/07/80
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ITEM #15324
The Mayor announced the formal seating of City Council.
Mayor J. H@nry McCoy, Jr., DDS
Clarence A. Holland John A. Baum
Patrick L. Standing Meyera E. Oberndorf
Donald W. Merrick F. Reid Ervin
Harold Heischober Barbara M. Henley
Reba S. McClanan W. H. Kitchin, III
(ITEM II-E.1) ITEM #15325
Upon motion by Councilman Baum, seconded by Councilman Holland,
City Council voted to APPROVE the Minutes of the regular meeting
of 23 June 1980.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, Harold Heischober,
Barbara M. Henley, Clarence A. Holland, W. H.
Kitchin, III, Reba S. McClanan, J. Henry McCoy,
Jr., Donald W. Merrick, Meyera E. Oberndorf,
@and Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
None
07/07/80
1 6 -
R E S 0 L U T I 0 N S
(ITEM II-F.1) ITEM #15326
RESOLUTION
WHEREAS, on May 15, 1980, Seaman Joseph Pugh was working
at the North Birdneck Road Tinee Giant; and,
WHEREAS, when he came from the storeroom into the main
section of the store, he witnessed an armed robber fleeing the store;
and,
WHEREAS, he gave chase and jumped the robber outside of
the store; and,
WHEREAS, in the ensuing scuffle, the subject pulled out
a .38 revolver and attempted to shoot Mr. Pugh; and,
WHEREAS, the subject fired three shots - one going past
Mr. Pugh's head - and then-fled the scene only to be apprehended by
the Police.
NOW, THEREFORE, BE IT RESOLVED that the Virginia Beach City
Council goes on record as commending Seaman Joseph Pugh (USN) for
his actions of that day which resulted in the apprehension of the
subject and, in so doing, possibly preventing other robberies and
assaults from occurring; and,
BE IT FURTHER RESOLVED that Council acknowledges his bravery
and salutes his service to his Country and this City as Mess Management
Specialist assigned to the Fleet Combat Training Center Dam Neck.
Mayor J. Henry McCoy, Jr.
Mayor McCoy presented the Resolution of Merit to Seaman Joseph Pugh.
07/07/80
1 7-
(ITEM II-F.2) ITEM #15327
Requested by: Department of Public Works.
The regular meeting of the Council of the City of Virginia
Beach, Virginia, was held in the Council Chambers of the Administration
Building on the Seventh day of July, 1980.
On motion by Councilman Merrick, seconded by Councilman
Standing, the following Resolution was DEFERRED ONE WEEK.
RESOLUTION
WHEREAS, the City of Norfolk desires to dispose of solid
waste generated by the City of Norfolk by transporting or having
transported to and dumping such solid waste in the sanitary landfill
by the City of Virginia Beach; and,
WHEREAS, the City of Virginia Beach is willing to accept
solid waste generated in and transported by Norfolk to the sanitary
landfill designated by the City of Virginia Beach.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH:
That the City Manager is hereby authorized to execute
the attached (Exhibit "A") contract with the City of Norfolk for
the implementation of accepting solid waste generated in and transported
by Norfolk to the sanitary landfill designated by the City of
Virginia Beach.
DEFERRED ONE WEEK: July 7, 1980
Adopted by the Council of the City of Virginia Beach,
on the day of 1980
07/Q7/80
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Upon motion by Councilman Merrick, seconded by Councilman Standing,
City Council voted to DEFER FOR ONE WEEK the Resolution authorizing
the City Manager to execute an agreement with the City of Norfolk
to accept solid waste generated in and transported by Norfolk
to our landfill, to allow the newly elected Members of Council
to be briefed at the INFORMAL SESSION of City Council on 14 July
1980.
Council Members Voting Aye: (for deferral)
Jobn A. Baum, F. Reid Ervin, Vice Mayor Harold
Heischober, Barbara M. Henley, Clarence A.
Holland, W. H. Kitchin, III, Reba S. McClanan,
Mayor J. Henry McCoy, Jr., Donald W. Merrick,
Meyera E. Oberndorf, and Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
None
07/07/80
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FVISFD 5 80
E X H I B I T "A"
CITY OF VIRGINIA BEACH
ACREEMENT FOR DISPOSAL OF
CITY OF NORFOLK SOLID WASTE
THIS AGREENTENT, Made this /,5@ dav of
19 by
and between the CITY OF VIRGINIA BEACH, a municipal corporation of the State of
Virs the Citv of Norfolk, a municipal
,rinia, hereinafter called "Virginia Beach," and
corporation of the State of Virginia, hereinafter called "Norfolk."
W I T N E S S E T H:
WHEREAS, the Citv of Norfolk desires to dispose of solid waste enerated in
the City of Norfolk by transporting or having transported to and dumping such solid waste
in the sanitarv landfill designated herein in the City of Virzinia Beach; and
WHEREAS, the Citv of. Vireinia Beach is willing 'tO 8CCeDt solid waste
generated in and transported bv Norfolk to the sanitarv landfill designated herein in the
Citv of Virginia Beach.
NOW, THEREFORE, THIS AGREEMENT WITNESSETH: That for and in
con@ideration of the premises and the mutual agreements herein contained, Virginia Beach
and Norfolk hereby agree as follows:
ARTICLE I DEFINITIONS
Hazardous Waste or Materials - Solid waste, which becruse of its qualitv,
concentration or phvsical, chemical or infectious characteristics mav: a) cause or
significantlv contribute to an increase in mortalitv or an increase in seriotis irreversible or
incapacitating reversible illness; or b) pose a substantial 13resent or potentinl hazird to
human health or the environment when treated, store(i, transporteci or (iispose.(i or
otherwise managed.
Landfill - The disposal site ldcate(i adjacent to an(i near Centerville Turnpike
or such other suitable disposal site in the City of Virginia Beach provided bv the Citv.of
Virginia Beach.
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tv'SFD s,ao
2
Refuse - Sanitar.v solid wqste comr)osed primarilv of normal hotisehol(i garhaL7e.
Users - The followin,cts catecrories of users shall constitute authorized 14orfolk
users:
a. Citv of Norfolk refuse vehicles.
b. "Private haulers" which are defined Rs those firms whose orimgrv
business is that of solid wqste remov,91 and which are identified bv means
of a Citv of Norfolk special license prominentlv affixed to the ve@icle.
C. "Commercial tisers" which are defined as those firms ;,7hose Primerv
business is not that of solid waste removal and whose vehicles ar.e
identified bv means of a Citv of Norfolk special license E)rominentlv
affixed to t@e vehicle.
d. Residents of Norfolk when delivering material in either a E)ersonal
automobile or a low sided pickup trzick an(i which are i(ientified bv me,3ns
of a Citv of Norfolk revenue sticker affixed to the windshielci.
ARTICLE 2 TERM OF AGREEMENT
This Agreement shall become effective ninetv (90) (iavs from the date of
execution by the Chief Executive Officers of the Cities of Virginia Beach and Norfolk, and
shall continue from that date to December 31, 1984, or until the qoutheastern Public
Service Authority Resource Recoverv Plant accepts all City of Norfolk refuse, whichever
is earlier.
The Agreement may be extended for a period not to exceed one year, provided
that the Southeastern Public Service Authority Resource Recover.v Plant will be able to
accept all Citv of Norfolk refuse bv the end of the proposed extension perio(i. All disposal
charges must be renegotiated for any extension period bevond December 31, 1984.
ARTICLE 3 OPERATING PROVISIONS
1. Types of Solid Waste - The City of Virginia Beach will accept all refuse
delivered in City of Norfolk vehicles or residents' vehicles except dead animals and
hazardous waste. Virginia Beach will also accept household refuse, waste generated h.v
commercial or industrial firms and refuse from manufacturing and assembiv plants in
Norfolk delivered by private haulers or commercial users. Demolition contractors waste,
dead animals, hazardous waste, white goods, or rubber tires are deeme(i non-acceptable
items when hauled by private hatilers or commercial users. Private haulers and
commerciaI users will not be allowed to deliver waste to the landfill comprise(.i primaril.v
of grass clippings and/or tree trimmings.
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EVISED 5, ao
Norfolk will not knowingly deliver truck loa(is which consist primarilv of fill
material or other non-acceptable items in Citv of Norfolk vehicles.
The City of Virginia Beach reserves the right to refuse to accept an.v materii3l
delivered to the landfill at variance with ihe above.
In the event prohibited or items deemed to be non-,CceDtable are (iumped qt
the landfill by a user, Norfolk will be responsible for all charges and expenses incurred hv
Virginia Beach for separating and disposing of such material and Virginia Fteach reserves
the right to ban such a user from the landfill.
2. T.vpes of Vehicles - Solid Waste delivered to the landfill will onlv he
accepted when delivered by a City of Norfolk refuse vehicle, bv private and commercial
haulers which have been licensed by the City of Norfolk to use the landfill and bv citizens
of Norfolk, as defined in Article I of this Agreement. City of Norfolk vehicles, private
haulers, and commercial users must have tare weights posted on each truck in larze bold
numbers, readable from the Virginia Beach landfill scale frcilitv.
The City of Norfolk shall provide a list to Virginia Beach designating the name
or names of haulers and contractors authorized to use the landfill.
3. Landfill Hours of Operation - The landfill will be open to receive solid
waste during the following hours:
Monda 'v-Friday 7:00 A. M. - 4:30 P. M.
Satijrday 7:00 A. M. - 1:30 P. M.
Washington's Birthday 7:00 A. M. - 12:00 Noon
Memorial Day 7:00 A. M. - 12:00 Noon
Independence Dav 7:00 A. M. - 12:flO Noon
Labor Day 7:00 A. M. - t2:00 Noon
Veteran's Day 7:00 A. M. - 1 2:00 Noon
Thanksgiving Day CLOSED
Christmas Day CLOSED
New Year's Day CLOSED
The landfill will be closed on Sundavs.
Virginia Beach reserves the riL7ht to change the landfill hours and sche(iule of
operations at anvtime after providing adequate notice of at least ten davs to the Director
of Public Works of the City of Norfolk.
07/07/80
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VISEO 3,80
4
4. Measurement of Solid Waste -The landfill site will he equippeci hv the
Citv of Virginia Beach with vehicular scales. All vehicles entering the landfill site will be
weighed, including the driver, before dtimping. The difference between the loaded weight
and t.are weight plus 190 pounds (driver's estimated weight) will be accepted as the amount
of material dumped at the landfill site. Virginia Beach or Norfolk reserves the right to
require a vehicle to be weighed empty to verify the posted tare weight.
In the event the scales at the landfill site are inaccurate or become
inoperative, a minimum charge will be assessed based on average vehicular loads for each
tvpe vehicle to be agreed upon bv Virginia Beach and Norfolk. Virginia Reach shall
endeavor to maintain accurate scales at all times. Norfolk may elect and Virginia Beach
agrees to allow Norfolk to maintain a representative at the scale house to verify the
weighing of vehicles.
The driver of each vehicle and a designated representative of Norfolk will be
given or mailed a statement showing the date, time, vehicle identification (owner and
lic.ense number) and amount of material dumped.
5. Insurance - All commercial users of the landfill shall purchase and
maintain such insurance as will protect them from claims set fo-rth below which may arise
out of or result from utilizing the landfill under the terms of the Agreement, whether such
use be by themselves or by anyone directly or indirectly employed by any of them, or b.V
anyone for whose acts anv of them may be liable.
a. Claims unde@ workmen's compensation, dfsabilitv benefits and other
similar employee benefit acts;
I
b. Claims for damages because of ho(lily injur'v, occupational sickness
or disease, or death of their employees, and claims insured by usual
personal injury liability coverage;
C. Claims for damages because of bodily injurv, sickness or disease, or
death of an.v person other thnn their empto'vees, and claims insilred
by usual personal injurv liabilitv coverage; And
d. Claims for damages because of injurv to or destruction of tangible
property, including loss of use resulting therefrom.
-23-
REVISED 3 80
5
The insurance required, as set forth abc)ve, shall name Virginia Reach an
Norfolk as additional named insured. Said insurance shall be primary and not excess o
contributory, with respect to any act or omission involving the activit.v at the landfill an@
shall afford, where applicable, bodilv injury liabilitv limits of not ess th n Five Hundre,
Thousand Dollars ($500,000.00) for each accicient and One Hundred Thousand Dollar
($100,000.00) for damage, destruction and/or Ioss of use of propertv as a result of on,
accident. The City of Norfolk shall indemnify and hold h,rmless Virginia Beach, it@
officials, officers, agents, employees and representatives from and against all loss
liability and expense, including attorne.vsl fees caused bv negligence or carelessness o
Citv of Norfolk employees.
Norfolk shall utilize a permit process for private and commercial haulers using
the landfill under the terms of this Agreement. Such permit shall require a certificate 01
insurance and a provision requiring notification to Norfolk if the insurance is chanzed or
cancelled.
14orfolk shall maintain an insurance program adequate to cover equipment and
employees of Norfolk.
6. Conditions of Use - The City of Virginia Beach will make reasonable
efforts to obtain nec4ssary permits, but without any requirement to seek same through
court action. Virginia Beach shall make everv reasonable effort to provide and maintain
adequate equipment, personnel, roads, and access ways at and to the landfill site and shall
operate the landfill in accordance with the permit requirements.
Vehicles entering upon the landfill under the azreement shall proceed promptlv
to and unload at the location designated by an employee or representative of The City of
Virginia Beach at the landfill. In the event of breakdown of a vehicle the owner shall be
promptly notified by the driver and/or landfill employee or representative and the owner
shall be rcsponsible for removing the disabled vehicle witflin twent.v-fotir (24) hours. In
the event the disabled vehicle is not removed within twenty four (24) hours Virginia Beach
may proceed to remove or have removed the disabled vehicle and the owner and/or the
-24-
ISED 5, 80
City of Norfolk will be responsible for and pay such removal charkres and/or expenses
incurred prior to release of said vehicle to the owner; and the City of Virginia Beach will
not be responsible or liable for an.v damage to sqid vehicle b.v reason of such removal.
7. Alternate Disposal Site - In the event the Citv Council of the Citv of
Virginia Beach or the City i@lanager of the City of Virginia Beach determine that the
landfill is or becomes unable to accept solid waste, an alternate disposal site under the
control of Virginia Beach shall be designated bv such Council or Citv Mana e n the
g
event an alternate disposal site is selected, Norfolk shall not be obligated to pav anv
additional costs beyond the established per tonnage rate for disposal of solid waste. For
the purpose of this paragraph the decision of Virginia Beach will be final and bindinlr.
8. Jurisdiction - Virginia Beach shall have and reserves the right to control
operations at the landfill and to promulgate rules and regulations necessar.v to the
efficient, safe, and sanitary operation and preservation thereof.
ARTICLE 4 INTERRUPTION OF SERVICE
The following shall relieve the City of Virginia Beach of an.v obligation
hereunder: a) natural disasters b) war, riots or civil commotion c) labor disputes or
strikes d) future requirements adopted by regulatory agencies prior to or subsequent to
the date of execution of this Agreement e) any other condition, rule, regulation,
resolution, ordinance, or law adopted bv a higher authorit@ than Virginia Beach. The
above provision in this Article shall applv- only if it directlv precludes continuation of the
landfill.
ARTICLE 5 DISPOSAL CHARGES
1. Fee Schedule -The Citv of Norfolk shall pav to the Citv of Virginia
Beach the sum $5.20 per ton for solid waste up to 248,000 tons annuall.v, dumped or
disposed at the landfill through December 31, 1984. For all solid waste over 24r,,OOO tons
annually the City of Norfolk shall pay $10.40 per ton throtigh December 31, 1984. In the
event this Agreement is extended bevond December 31, 1984, as provided for in Article 2
the disposal charge shall be renegotiated.
-25-
7
The disposal charges shall be adjuste(i on Julv I of each vear base(i on the
percent increase since the prior July I in the Consumer Price Inde,( for all Urhqn ;Vage
Earners and Clerical Workers (revised CPI-W) published bv the BureaLl of Labor Statistics
of the U. S. Department of Labor, beginning July I following execution of this document,
provided this document is executed prior to Julv 1, 1980.
2. Method of Payment - Invoice(s) will be submitted I)v Virgini..9 Beach to
the City of Norfolk by the tenth dav of each month, for use made of the landfill under this
Agreement during ttie preceeding month. The invoice will identif.v refuse haiilers, weights
and charges. The City of Norfolk shall be liable and responsible for pavment of all
charges made bv all users as identified in Article I of this AGrreement. Pavment shall he
made promptly upon presentation of invoices. Payments not received bv the fifth dctv of
the second month following the mailing or presentation of the invoices to the Citv of
Norfolk shall begin to accrue interest at the rate of 1.5% per month on the total unpaid
balance due and payable, until paid.
3. The Agreement Year shali be the period heginning July I and ending June
30. The City of Norfolk shall pay to the City of Virginia Beach for the first vear of this
Agreement the minimum sum of four hundred forty-seven thousand, seven hundred twenty
dollars ($447,720). In the event that the first Agreement Year is less than twelve months,
the fninimum sum shall be that proportion of four hundred forty-seven thousand, seven
hundred twenty dollars ($447,720) that the number of months of the first Agreement Year
bears to twelve months. The City, of Norfolk shall incltide with pavment of the amotint
due to the City of Virginia Beach during the last month of the Agreement Year such
additional sum, if any, as is necessarv to make the aggregate pavments with respect to the
Agreement Year equal to the minimum payment set forth herein and under the terms
hereof.
The minimum payment shall increase on Jtjl,v I of each Agreement Year bqs(',<i
on the percent increase since the prior July I in the Consiimer Price Index for all Urhan
Wage Earners and Clerical Workers (revised CPI-W) published bv the Bureau of LAbor
-26-
VISED 5 go
8
Statistics of the U. S. Department of Labor beginning Julv I fo'llowinz the execution of
this document, provided this document is executed prior tO JLIIV 1, 1980.
The annual minimum pavment as set forth in this Article shgll be in addition to
payments made under Article 6.
In the event that the last Agreement Year is less than twelve months, the
minimum sum shall be that proportion of the adjusted minimum sum, as calculated above,
that the number of months in the last Agreement Year bears to twelve months.
ARTICLE 6 LAND ACQuisi,riom, EC)UIPMENT, AND IMPROVEMENT COSTS
1. The Citv of Virginia Beach shall acquire 85 acres at the Trashmore 2 site to be
used for the disposal of Norfolk refuse under this Agreement.
Norfolk Shall pay Virginia Beach based on total actual cost. Pavment of all
known costs will be made at least two business davs prior to Virginia Beach closing on the
land purchase. Additional costs not known prior to closing will be reimbursed upon
request. Actual cost shall be that proportfon of total cost that eightv-five. acres bears to
the total number of acres acquired at that time. Total cost shall include among other
things, land costs, legal expenses, and other normal acquisition and administrative
expenses.
2. Norfolk shall pay Virginia Beach for equipment based on Virginia Beach
entering into a binding agreement for the purchase of the equipment. Norfolk will pay all
acquisition costs, including but not limited to, equipment costs, legal expenses and other
normal acquisition costs. Any site improvements shall be reimbursed to Virginia Beach
upon request based on actual cost not to exceed $11,000. Equipment costs are estimqted
as follows:
Estimated
Equii)ment Model Prfce
3 Pans International 412 (I I vd) $300,000
1 Compactor Caterpillar 82f; 195,000
1 Bulldozer Caterpillar D7F 100,000
I Fairbanks Scale System 880t Data Source Indicator
with 3600 Data Page Printer 54,105
Total 015
-27-
EVISED 5, ao
3. The cost recoverv pavments as set forth by this Article shall be in addition to
minimum payments and service charges as olitlined and contained in Article 5.
ARTICLE 7 REINTEDIES OF DEFAULT
In the event that Norfolk shall default in the payment or pavments (itle
hereunder, when same shall become due and payable (or in the performance of any of its
other-obligations under this Agreement) and any such default shali continue for thirty (30)
days after written notice thereof bv Virginia Beach to the Citv of Norfolk, then and in
such event, Virginia Beach, in addition to other remedies provided by law, shall have the
right to declare this Agreement to be terminated.
ARTICLE 8 TERMINATION
This Agreement mav be terminated by either party prior to the date set forth
in Article 2 upon any one of the following conditions:
1. The provision of use on a permanent basis by the Citv of Norfolk of the
SPSA resource recovery plant as proposed to be situa'ted and located in
Portsmouth, Virginia.
2. Mutual consent of the executive officers of the two parties at anv time,
subject to the conditions set forth in Article 9 herein.
ARTICLE 9 COST REIMBURSEMENT
If Virginia Beach does not obtain a State permit or operates the landfill in such
a manner that the State permit is rev.oked or discontinues the landfill operation for anv
reasons allowed under this contract, then a share of the land costs and equipment costs
shall be returned to Norfolk by Virginia Beach unless an alternate site is made available
for the duration of the term remaining in this contract under the terms and provisions
herein contained. The share shall be that proportion of land costs and equipment costs
(exclusive of acquisition expenses such as loan acquisition fees and attorney's fees) that
the number of months remaining under the Agreement bears to forty-eight months.
-28-
10-
ARTICLE 10 NOTICE
Any notice provided for herein shall be sufficient if
delivered in person to the City Manager of the City of Norfolk or
mailed by U. S. mail to him at the City of Norfolk, Virginia.
The date of posting shall be deemed to be the date of giving
of any notice if said notice is mailed.
-29-
REVISEO s so
CITY OF VIR(,INIA BEACH
Citv Manager
Attest:
Clerk
CITY OF NORFOLK
Citv Manager
A to
@ssis ney, Nc
nia Beach
I hereby certify that the money required for this c.-ontract is in the Citv Treas,,r
to the credit of the fund from which it is to be drawn, and not appropriated for anv other
purpose.
Account No. C O@,4a4z- Z- 5;@
Amount
Director of Finance-Norfolk Date
Appro.ved.---
Director of Public Works-Norfolk Date
Approved:
O-. @ @.3o.eo
Director of Public Works-Virginia Beach Date
07/07/80
30-
(ITEM II-F.3) ITEM #15328
Upon motion by Councilman Standing, seconded by Councilman Holland,
City Council voted to APPROVT the agreement between Clark-Whitehill
Company and the City of Virginia Beach pertaining to the Rosemont
Road Water Tower; AND, authorized the City Manager to enter into
this agreement on behalf of the City of Virginia Beach.
Voting: 10-1
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, Vice Mayor Harold
Heischober, Barbara M. Henley, Clarence A.
Holland, W. H. Kitchin, III, Mayor J. Henry
McCoy, Jr., Donald W. Merrick, Meyera E.
oberndorf, and Patrick L. Standing
Council Members Voting Nay:
Reba S. McClanan
Council Members Absent:
None
07/07/80
-31-
THIS AGREEMENT, made this first day of April, 1980, by and
between CLARK WHITEHILL COMPANY, a Virginia general partnership, hereinafter
referred to as CWC; and the CITY OF VIRGINIA BEACH, a municipal corporation
organized under the laws of the Commonwealth of Virginia, hereinafter
referred to as the City.
WHEREAS, CWC is the owner of certain real property located at
the northeast intersection of Dahlia Drive and Rosemont Road in the City
of Virginia Beach, which property is more particularly describ'ed on a
certain plat showing "Parcel To Be Acquired From Holland-Rose Company
By the City of Virginia Beach," which plat is attached hereto and labeled
as Exhibit A, which property is hereinafter referred to as "the Property"; and
WHEREAS, the City has notified CWC of its intent to acquire
said property under its power of eminent domain, in order to construct
a water storage tank and related other facilities on said Property; and
WHEREAS, CWC has requested the City to relocate said faciliti(
to a nearby parcel now owned by the City; and
WHEREAS, the City has agreed to donstruct said facilities
on said City property provided, however, that CWC would pay to the
City the estimated cost differential of Thirty-Three Thousand Nine
Hundred Forty-Nine and 00/100 Dollars ($33,949.00); and
WHEREAS, it is the intention of the parties to this
Agreement, that the cost differential for the relocating of the
water facilities shall be deposited in full by CWC at the time of
advertisement for bids for the faciliites.
NOW, THEREFORE, in consideration of the mutal covenants
and benefits herein contained, the parties do hereby agree as follows:
1. The parties to this Agreement do hereby agree that
the cost differential to be deposited by CWC is Thirty-Three Thousand
Nine Htmdre@ Forty-Nine and 00/100 Dollars ($33,949.00).
2. a. The City does hereby agree not to exercise its power's
of eminent domain as to "the Property" and the remainder of the Holland-
Rose Tract (which tract is more particularly described in a Deed recorded
in the Clerk's Office of the Circuit Court of the City of Virginia Beach
in Deed Book 1900 at page 757) for the purpose of construction of the
=id Sykn
specific water facilities referred to herein so long as CWC retains any
ownership interest in said Properties.
-32-
b. Each party acknowledges that, from and after the
execution of this Agreement, CWC shall enjoy the unrestricted right
to develop and improve the Property and the remainder of the Holland-Rose
Tract as it deems appropriate, provided that same is consistent with all
applicable valid governmental laws, statutes, ordinances and regulations.
c. However, in the event'that construction of said
facilities on the alternate site selected proves impossible because of
natural geological conditions present, but undiscovered at the time of
the execution of this Agreement, then, in'that event, CWC acknowledges
that the City's right of eminent domain remains unimpaired.
Additional construction costs alone shall not be a factor in
determining suitability of the Alternate site for construction of said
facility.
d. If the City then proceeds with condemnation of the
Property, it shall:
(i) reimburse CWC the sum of Thirty-Three Thousand Nine
Hundred Forty-Nine,and 00/100 Dollars ($33,949.00) at the time of the
filing of the initial condemnation pleading or certificate in the Clerk's
Office of t.he appropriate Court, which sum of money shall not be
considered as proceeds or compensation relative to such condemnation
proceedings, and
(ii) pay such compensation and/or damages to CWC for the
taking of the Property and residual damages as may be agreed upon between
the parties or awarded in the.appropriate condemnation proceedings, which
award shall include, but not be limited to, costs incurred incidental
to the development and improvement of the Property and for which CWC has
paid or is liable to pay.
3. At such time as the Department of Public Utilities of the
City of Virginia Beach properly requests permission to let the subject
project to bid from the Director of Finance of the City of Virginia
Beach, the City shall make written demand to CWC to deposit the Thirty-
Three Thousand Nine Hundred Forty-Nine and 00/100 Dollars ($33,949.00)
within thirty (30) days. CWC does hereby agree to make said deposit
timely.
Ew"
a.d Syk.
-33-
4. In the event that the City does not commence construction
within three (3) years of the date of this Agreement, tbe monies deposited
shall be immediately returned to CWC by the City. The return of said
monies shall not release the City or CWC of its obligations under this
Agreement.
For the purposes of this Agreement, the City shall be con-
clusively presumed to have commenced construction on the instant project
at such time as it is in receipt of a billing or statement for construction
activity from the contractor selected by the bid procedure.
5. This Agreement shall not be modified or amended except
by a written document of equal dignity.
6. This Agreement shall inure to the benefit of and be
binding upon the parties hereto and their respective heirs, successors,
and assigns.
7.- This Agreement represents the entire Agreement between
the parties and each party does warrant as follows:
a. That there are no contemporaneous oral
agreements between the parties.
b. That each party hereto has the requisite
author,ity to enter into this Agreement.
8. Any notices required to be sent under the terms of this
Agreement shall be sent via the U.S. Postal Service, by certif.ied mail,
return receipt requested, with postage prepaid addressed as follows:
To CWC:
P.O. Box 2152
Virginia Beach, Virginia 23452
Attn: Howard M. Weisberg
with copy to
James A. Evans at his then current address
as maintained by the Virginia State Bar
To the City:
Director of Public Utiliites
Mtmicipal Center
Princess Anne Station
Virginia Beach, Virgirlia 23456
WITNESS the following signatures and seals:
THE CITY OF VIRGINIA BFACH, a
municipal corporation
Syka ATTEST: /6orge Hanbury, City Mafager
07/07/80
Ruth Hod es Smith Cit Clerk
-34-
CLARK WHITEHALL COMPANY, a general
partnership comprised of Barry D.
Clark, Inc. and Howard M. Weisberg,
Inc., both Virginia corporations
By: BARRY General
By
Barry D. nt
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
The foregoing instrument was acknowledged before me this
S7' day of 1980, by George L. Hanbury,
City Manager and Ruth Hodges Smith, City Clerk, respectively, of the
City of Virginia Beach on behalf of said Corporation.
Notary Public
My Commission Expires:
STATE OF VIRGINIA
CITY OF VIRGINIA BFACH, to-wit:
The foregoing instrument was Eicknowledged before me this
15 7 day of 1980, by Barry D. Clark,
President, of Barry D/Clark, Inc., a General Partner of Clark
Whitehill 6ompany, on behalf of said corporation, in its capacity as
general partner of Clark Whitehill Company.
Notary Public
My Commission Expires:
AP p
CIT' A*:-TC:-,: 4 EY
3 5-
(ITEM II-F.4) ITEM #15329
P R 0 C L A M A T I 0 N
WHEREAS, th6 City of Virginia Beach is with an abundance
of natural and man-made,bodies of water; and,
WHEREAS, the citize'ns of the City of Virginia Beach make
use these bodies of water for recreation and employment; and,
WHEREAS, tbe American Red Cross, in conjunction with municipal
and comunity swimming pools throughout the City has made a concerted
and diligent effort to improve the water safety skills of all
the citizens.
NOW, THEREFORE, I, J. Henry McCoy, Jr., DDS, Mayor of
the City of Virginia Beach, do hereby PROCLAIM July 12 through
19, 1980, as
SWIM-A-CROSS WEEK
and urge all citizens of our City to assist the American Red Cross
in their efforts to promote water safety.
GIVEN UNDER MY HAND this Seventh day of July, Nineteen
Hundred and Eighty.
J. Henry McCoy, Jr., DDS
Mayor
City of Virginia Beach
Upon motion by Councilman Baum, seconded by Councilwoman Oberndorf,
City Council voted to ADOPT the Proclamation proclaiming the week
of July 12 through 19, 1980 as SWIM-A-CROSS WEEK; AND, presented
same to W. Allen Greene, Parks and Recreation Department.
Voting: 11-0
07/07/80
3 6-
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, Vice Mayor Harold
Heischober, Barbara M. Henley, Clarence A.
Holland, W. H. Kitchin, III, Reba S. McClanan,
Mayor J. Henry McCoy, Jr., Donald W. Merrick,
Meyera E. Oberndorf, and Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
None
C 0 N S E N T A G E N D A
ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED TO
BE ROUTINE BY THE CITY COUNCIL AND WILL BE ENACTED BY ONE MOTION
IN THE FORM LISTED:
(ITEM II-G.1) ITEM #15330
Upon motion by Councilman Merrick, seconded by Councilman Standing,
City Council voted to APPROVE the request of the City Treasurer
for tax refunds in the amount of $558.60.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, Vice Mayor Harold
Heischober, Barbara M. Henley, Clarence A.
Holland, W. H. Kitchin, III, Reba S. McClanan,
Mayor J. Henry McCoy, Jr., Donald W. Merrick,
Meyera E. Oberndorf, and Patrick L. Standing
07/07/80
- 3 7 -
Council Members Voting Nay:
None
Council Members Absent:
None
07/07/80
NO. -;.A. 7 U/ t ou cilit,
-37 (a) -
AN ORDINANCE AUTHORIZING TAX REFUNDS
UPON APPLICATION OF CERTAIN PERSONS
AND UPON CERTIFICATION OF THE TREASURER
FOR PAYMENT
BE IT ORDAINED BY THE, COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for tax refunds upon certification of the Treasurer are hereby approved:
NAME Tax Type Ticket Exonera- D a!e Penaity I nt. T.tal
Y ear of Tax Number tion No. paid
iller, George & Evelyn 79 RE 77643-7 (2/2) 5/31/79 268.20
ade, Hector E., Jr. 80 pp 118330 5/14/80 135.00
ennings D. Jennings W. 80 pp 58936 6/5/80 59.16
ail, Phyllis N. 80 pp 27500 5/5/80 65.46
eagan, Devoe & Judy Lynn 80 RE 74464-7 (2/2) 5/15/80 30.78
Total 558.60
3-) !920
z
This ordinance shall be effective from date of adoption.
The abovepbatement(s) totaling C 'tified as to payment;
were approved by
the Council of the City of Virginia
Beach on the 9,mday of,"@/5"P@
J@hn @.At@inso,,, Tr
Aoproved as to,form.-
Ruth Hodges Smith
City Clerk
&ale Bir4so-n, City Attorney
3 8-
SECOND READINGS
(ITEM II-G.2) ITEM #15331
AN ORDINANCE TO PROVIDE AN
ADDITIONAL CORRECTIONAL OFFICER
IN THE SHERIFF'S OFFICE
WHEREAS, the State Compensation Board due to the lack
of funding is unable to approve an additional correctional officer
position for the City of Virginia Beach; and,
WHEREAS, there is a need for one additional correctional
officer in the Youth Division of the Sheriff's Office in order
to retain the present staff and maintain accreditation with the
State; and,
WHEREAS, the funding needed to create an additional correctional
officer position for the 1981 fiscal year is $8,784.
NOW, THEREFORE, BE IT ORDAINED by the Council of the City
of Virginia Beach that funds of $8,784 be appropriated from the
General Fund Balance to create one additional correctional officer
position for the 1981 fiscal year in the Sheriff's Office.
FIRST READING: June 23, 1980
SECOND READING: July 7, 1980
Adopted by the Council of the City of Virginia Beach,
Virginia, on the Seventh day of July, 1980
Upon motion by Councilman Merrick, seconded by Councilman Standing,
City Council voted to APPROVE ON SECOND READING the Ordinance
to provide an additional correctional officer in the Sheriff's
Of f ice .
Voting: 11-0
07/07/80
3 9-
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, Vice Mayor Harold
Heischober, Barbara M. Henley, Clarence A.
Holland, W. H. Kitchin, 111, Reba S. McClanan,
Mayor J. Henry McCoy, Jr., Donald W. Merrick,
Meyera E. Oberndorf, and Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
None
07/07/80
-39- (a)
(ITEM II-G.3) ITEM #15332
AN ORDINANCE TO ACCEPT FUNDS
TOTALING $23,792 FROM THE VIRGINIA
HOUSING DEVELOPMENT AUTHORITY AND
TO APPROPRIATE THESE FUNDS
WHEREAS, the City of Virginia Beach has participated and
wishes to continue its participation in the Section 8 Housing Program;
and,
WHEREAS, the City of Virginia Beach has entered into an
agreement with the Virginia Housing Development Authority (VDHA) to
participate in the program; and,
WHEREAS, the Office of Housing and Community Development
has been designated to administer the program, which will assist in
housing the under-privileged.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA.
That the City Manager is hereby authorized to accept funds
for the City, and funds are hereby appropriated for the following
purpose:
Section 8 Housing $23,792
BE IT FURTHER ORDAINED that the appropriations will be
financed by $23,792 estimated revenue from VDHA, with no local match
required; and,
That two personnel positions are hereby authorized for the
duration of the funding, to be paid from the funds, with the class
of the employee to be determined by the City Manager.
FIRST READING: June 23, 1980
SECOND READING: July 7, 1980
Adopted by the Council of the City of Virginia Beach,
Virginia, on the Seventh day of J.1y, 1980.
Voting: 11-0
07/07/80
- 40-
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, Vice Mayor Harold
Heischober, Barbara M. Henley, Clarence A.
Holland, W. H. Kitchin, III, Reba S. McClanan,
Mayor J. Henry McCoy, Jr., Donald W. Merrick,
Meyera E. Oberndorf, Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
None
07/07/80
- 41-
(ITEM II-G.4) ITEM #15333
AN ORDINANCE TO INCREASE THE
ADVANCE FROM GENERAL FUND TO
THE PRINT SHOP INTERNAL SERVICE
FUND BY $25,000
WHEREAS, the purchase of several pieces of equipment and
the need for an increase in printing charges has created this fiscal
year an insufficiency in operating cash in the Print Shop Internal
Service Fund; and,
WHEREAS, an increase of $25,000 in the advance from the
General Fund to the Print Shop will prevent a cash overdraft at June
30, 1980, and will provide the Print Shop with the flexibility to
operate effectively.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH:
That the advance from the General Fund to the Print Shop
Internal Service Fund be increased by $25,000.
FIRST READING: June 23, 1980
SECOND READING: July 7, 1980
Adopted by the Council of the City of Virginia Beach,
Virginia, on the Seventh day of J.1y, 1980.
Upon motion by Councilman Merrick, seconded by Councilman Standing,
City Council voted to APPROVE ON SECOND READING the Ordinance to increase
the advance from General Fund to the Print Shop Internal Service Fund
by $25,000.
Voting: 11-0
07/07/80
4 2 -
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, Vice Mayor Harold
Heischober, Barbara M. Henley, Clarence A.
Holland, W. H. Kitchin, III, Reba S. McClanan
Mayor J. Henry McCoy, @r., Donald W. Merrick,
Meyera E. Oberndorf, and Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
None
07/07/80
4 3 -
(ITEM II-C.5) ITEM #15334
AN ORDINANCE TO INCREASE APPROPRIATIONS
AND ESTIMATED REVENUES IN THE WATER AND
SEWER FUND BY $867,240
WHEREAS, the City of Norfolk has increased the cost of
water to the City of Virginia Beach by llc per thousand gallons
from 52.7cts to 63.7cts; and,
WHEREAS, this rate increase will raise the purchase price
of an estimated 7.9 billion gallons of water purchased by the
City from the City of Norfolk in FY 1981 by $867,240; and,
WHEREAS, the Department of Public Utilities requires an
appropriation of like amount for FY 1981 to offset the additional
cost, and City Council has increased rates to its customers to
balance the additional appropriation.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH that funds of $867,240 be appropriated to the
Department of Public Utilities for the additional cost required
in the purchase of water from the City of Norfolk.
BE IT FURTHER ORDAINED that estimated revenues in the
Water and Sewer Fund be increased by $867,240.
This Ordinance shall be effective upon date of adoption.
FIRST READING: June 23, 1980-
SECOND READING: July 7, 1980
Adopted by the Council of the City of Virginia Beach,
Virginia, on the Seventh day of July, 1980
Upon motion by Councilman Merrick, seconded by Councilman Standing,
City Council voted to APPROVE ON SECOND READING the Ordinance
to increase appropriations and estimated revenues in the Water
and Sewer Fund by $867,240.
Voting: 11-0
07/07/80
4 4-
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, Vice Mayor Harold
Heischober, Barbara M. Henley, Clarence A.
Holland, W. H. Kitchin, III, Reba S. McClanan,
Mayor J. Henry McCoy, Jr., Donald W. Merrick,
Meyera E. Oberndorf, and Patrick L. Standing
Council Members Voting Nay;
None
Council Members Absent:
None
07/07/80
- 4 5-
FIRST READINGS
(ITEM II-I.1) ITEM #15335
AN ORDINANCE TO APPROPRIATE FUNDS OF
$83,319 FOR SALARY ADJUSTMENTS FOR
CORRECTIONAL OFFICERS AND COURTROOM
SECURITY PERSONNEL
WHEREAS, the State Compensation Board under the direction
of the State legislature has increased salaries for Correctional
Officers and Courtroom Security personnel effective July 1, 1980;
and,
WHEREAS, this action requires a budget adjustment of $83,319
in various salary accounts of the Sheriff's budget; and,
WHEREAS, the State will fund $73,000 of the total amount
based on the positions approved by the State Compensation Board
and the City will fund $10,319 based on the six positions funded
from the FY 1981 Operating Budget.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, that funds of $83,319 be appropriated for increased
salaries of Correctional Officers and Courtroom Security personnel
in the Sheriff's budget.
BE IT FURTHER ORDAINED that the appropriations will be
financed by an increase of $73,000 in estimated revenue from the
Commonwealth and $10,319 from the City's General Fund Balance.
This Ordinance shall be effective from date of adoption.
FIRST READING: July 7, 1980
SECOND READING:
Adopted by the Council of the City of Virginia Beach,
Virginia, on the day of 1980.
07/07/80
4 6 -
Upon motion by Councilman Standing, seconded by Mayor McCoy, City
Council voted to APPROVE ON FIRST READING tbe Ordinance to appropriate
funds of $83,319 for salary adjustments for correctional officers
and courtroom security personnel.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, Vice Mayor Harold
Heischober, Barbara M. Henley, Clarence A.
Holland, W. H. Kitchin, III, Reba S. McClanan,
Mayor J. Henry McCoy, Jr., Donald W. Merrick,
Meyera E. Oberndorf, and Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
None
07/07/80
4 7 -
B I D S
(ITEM II-I.2.a) ITEM #15336
Upon motion by Councilman Holland, seconded by Councilwoman Oberndorf,
City Council voted to DEFER ONE WEEK (July 14, 1980) the acceptance
of bids for the Bradford Terrace Sanitary Sewer Facilities.
Voting: 11-0
Council Members Voting Aye: (for deferral)
John A. Baum, F. Reid Ervin, Vice Mayor Harold
Heischober, Barbara M. Henley, Clarence A.
Holland, W. H. Kitchin, III, Reba S. McClanan,
Mayor J. Henry McCoy, Jr., Donald W. Merrick,
Meyera E. Oberndorf, Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
None
07/07/80
4 8-
(ITEM II-I.2.b) ITEM #15337
The following bids have been received for the Munden Point Municipal
Boat Ramp and Parking Area:
Lynnhaven Dredging Company, $ 75,352.00
Incorporated
D. J. W. Construction Company,
Incorporated $ 95,860.15
W. L. Tate Construction Company,
Incorporated $100,191.32
City's Estimate $ 77,332.42
Upon motion by Councilman Baum, seconded by Councilman Holland,
City Council voted to APPROVE the low bid of Lynnhaven Dredging
Company, Incorporated, in the amount of $75,352.00 for the Munden
Point Park Municipal Boat Ramp and Parking Area; AND, authorize
the City Manager to enter into the necessary agreements for the
implementation of this project.
Voting: 9 - 2
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, Vice Mayor Harold
Heischober, Barbara M. Henley, Clarence A.
Holland, W. H. Kitchin, III, Reba S. McClanan,
Meyera E. Oberndorf, and Patrick L. Standing
Council Members Voting Nay:
Mayor J. Henry McCoy, Jr., and Donald W. Merrick
Council Members Absent:
None
07/07/80
4 9-
(ITEM II-K.1) ITEM #15338
Mr. Herbert Smith, Jr., Past President of the Virginia Beach Research
and Advisory Council read the introductory letter concerning the
Parking Study; and, introduced Mr. Jim Owens, Vice President of
the Advisory Council, and Chairman of the VBRAC Parking Committee.
Mr. Owens presented the report, a copy of which has been made
a part of these proceedings.
ADJOURNMENT
Upon motion by Councilman Merrick, seconded by Councilman Standing,
and by UNANIMOUS VOTE, the meeting adjourned at 4:30 p.m.
Diane M. Hickman, Deputy City Clerk
Ruth HodgeVSmitIT, City Clerk Mayo C(ky\\Z&- DDS
City of Virginia Beach,
Virginia
7 July 1980
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