NOVEMBER 10, 1980 MINUTES
Cit3- C>f N7ir-wi@i@
"WORLD'S LARGEST RESORT CITY"
CITY COUNCIL
MAYOR 1. HENRY fh@COY JR.. D.D.S.. K-p..ill. B.@.gb
VICE-MAYOR HAROLD HEISCHOBER, A, L.,S.
JOHN A. BAUM, B.-gh
F. REID ERVIN, A, L.,g,
BARBARA M. HENLEY, P..8. B.-gh
CLARENCE A. HOLLAND, N.D., B.y.id, S.@.gb
W. H. KITCHIN, lit, Vigi.i. B-,b B...Rb
REBA S. AL@CLANAN, P,i.c-. A-. B...gb
DONALD W. MERRICK. Ly-b... B...gb
MEYERA E. OBERNDORF, A, L.,g, 212 CTTY HALL BUILDING
PATRICK L. STANDING, A, L.,g, MUNICIPAL CENTER
VIRGINIA BEACii, VIRGINIA 23456
RUTH HODGES SMITH. Cily Cl-,k (804) 427-4303
CITY COUNCIL AGENDA
ITEM I INFORMAL SESSION: 1:00 p.M. - November 10, 1980
A. CALL TO OR-DER - MAYOR J. HENRY McCOY, JR.
B. ROLL CALL OF COUNCIL
C. MOTION TOIECESS INTO INFORMAL/EXECUTIVE SESSION
D. PRESENTATION/DISCUSSION OF PERTINENT MATTERS
1. Matters for Discussion by mayor
2. Matters for Discussion by Council
3. Travel Regulations: Discussion of changes proposed bv the
Conunittee alodointed to revise the City's Official Travel
Regulations.
ITEM II FORMAL SESSION: 2:00 p.m.
A. INVOCATION: Reverend Thomas H. Britton
Pastor
Lynnhaven Colony United Church of Christ
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 accedt/anorove the Minutes of 3 November 1980
E. RESOLUTION
1. Resolution pertaining to the request of officials of Merrill,
Lynch, Pierce, Fenner and Smith to locate a stockbroker's office
on property which is located on Atlantic Avenue at The Oceans
Condominium site.
4
F. 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 discussion of these
items. If discussion is desired, that item will be removed from
the Consent Agenda and considered separately.
1. ordinance authorizing certain events conducted on City property
to be exempted from the prohibition from working or transacting
business on Sunday.
2. Bingo Permit:
Amateur Softball Association (Virginia Beach Youth Teams)
3. Ordinance, on second reading, to appropriate $89,883 for the
purchase of fire apparatus.
4. Ordinance, on second reading, to accept a grant totaling
$43,993 from the Division of Justice and Crime Prevention
and to appropriate these funds.
G. PLANNING ITEMS
1. Application of Lessie M. Girnbert for a change of zoning from
R-5 Residential District to B-3 General-BUSinesS DiStrict on
a 8.46-acre parcel located between the Virginia Beach-Norfolk
Expressway and Robert Jackson Drive, east of Doyle Way
(Lynnhaven Borough).
a. Letter from the City Manager transmits the recommendation
of the Planning Commission to allow withdrawal.
2. Application of Progressive Construction Corporation for a
change of zoning from B-2 Community-Business District to A-1
Apartment District on a 7.0-acre parcel located on the west
side of Cranston Lane, north of Virginia Beach Boulevard
(Lynnhaven Borough).
a. Letter from the City Manager transmits the recommendation
of the Planning Connission for approval.
3. Application of Structures of Virginia, Inc. for a change of
zoning from R-5 Residential District to A-2 Apartment District
on a 15-acre parcel located on the south side of old Donation
Parkway, west of First Colonial Road (Lynnhaven Borough).
a. Letter from the City Manager transmits the recommendation
of the Planning Commission for denial.
4. Application of Thomas G. Sharpe, Jr. and John W. Slawson for
a change of zoning from B-2 Community-Business District to
I-I Light Industrial District on a .32-acre parcel located on
the east side of Butternut Lane, north of Second Street
Mynnhaven Boroughl.
a. Letter from the City Manager transmits the recommendation
of the Planning Commission for approval.
5, Appltc4tion of @C Pssoc@atesfor a conditional use permit
for an Automob@,le r.,ervice station on a .5-acre parcel located
on the south s-ide of Indian Rivi?r Road, west of Kempsville Road
(!(empsville Boroucjhl,
a. Letter from the City Manager transmits the recommendation
of the Planning Coi=ission for approval.
G. PLANNING ITEMS (.continuedl
6. Application of Robert A. and Susan E. Brown for a conditional use
permit for a home occupation (miniature doll house furniture) on
a .17-acre parcel located on the west side of Spooner Road, north
of Kellan Road (Bayside Borough).
a. Letter from the City Manager transmits the recommendation of
the Planning Commission for approval.
H. ORDINANCES
1. City Code Ainendments
a. ordinance to amend and reordain Section 23-12.1 of the Code
of the City of Virginia Reach pertaining to bingo gaines and
raffles.
b. ordinance to amend and reordain Section 22-68 of the Code of
the City of Virginia Beach relating to imposition of license
tax.
2. First Readings
a. Ordinance to accept a grant totaling $20,000 from Federal Aid
to Public Libraries and to appropriate these funds.
b. Ordinance to amend Section 33-7.6 of the Code of the City of
Virginia Beach relating to penalties for the failure to pay
taxes due under a land use plan.
I. UNFINISHED BUSINESS
1. Request of the City Manager that City Council authorize him to
sign a deed to transfer fifty (.50) acres purchased from Broad
Bay Manor, Inc., for the construction of Great Neck High School,
to the School Board.
J. NEW BUSINESS
K. ADJOURNMENT
1. Motion to adjourn
MINUTES
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
10 November 1980
The Regular Meeting of the Council of the City of Virginia Beach,
Virginia, was called to order by Mayor J. Henry McCoy, Jr., in the
Conference Room of the Administration Building, on Monday, 10 November
1980, at One o'clock in the afternoon.
Council Members Present:
John A. Ba~n, Vice Mayor Harold Heischober, Barbara M. Henley,
Clarence A. Holland, W. H. Kitchin, III, Reba S. McClanan, Mayor
J. Hem_ry McCoy, Jr., Donald W. Merrick, Meyera E. Oberndorf, and
Patrick L. Standing
Council Members Absent:
F. Reid Ervin
ITEM #15834
~yor McCoy entertained a motion to permit Council to conduct its
~FORMAL 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. Discussion concerning the prospective business or
industry where no previous announcement had been made
of the business or industry's interest in locating in
the community. (Financial Matters).
4.~ Consultation with legal Counsel and briefing by staff
members, consultants, or attorneys pertaining to actual or
potential litigation, or other legal matters within the
jurisdiction of the public body. (Legal Matters).
11/10/80
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Upon motion by Councilman Standing, seconded by Councilman Holland,
City Council voted to proceed into EXECUTIVE SESSION following the
INFORMAL SESSION.
Voting: 10-0
Council Members Voting Aye:
Jolm A. Baum, Vice @yor Harold Heischober, Barbara M. Henley,
Clarence A. Holland, W. H. Kitchin, III, Reba S. @Clanan,
Maycr J. Henry @Coy, Jr., DDmld W. @rrick, @yera E.
Oberndorf, and Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
F. Reid Ervin
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M A T T E R S B Y T H E M A Y 0 R
ITEM #15835
Mayor McCoy announced that the newspaper "Our Own" will not be discussed
by City Council pending litigation in the Virginia Beach Courts.
ITEM #15836
The City Clerk advised Council of two (2) corrections needed for
the Minutes of January 21, 1980, and September 22, 1980:
January 21, 1980 Bond Resolution - two lines
were omitted; AND, and was
changed to "to"
September 22, 1980 Ordinance on the Administration
of the Basic Pay Plan - two
lines were omitted
M A T T E R S B Y C 0 U N C I L M E M B E R S
ITEM #15837
Councilman Holland advised he and Councilman Standing were appointed
to study the City's Travel Policy.
There are several minor changes to the policy:
Definitions
C. Authorized Signature - Those individuals with the
authority to permit travel on City business. On
official travel forms, authorized signatures include
the Department Head Or representative or in the
case of the Training Committee, t e Personnel Director
or representative.
General Policy
A. Travel on City business includes trips within and
outside of the City to conferences, conventions,
workshops, seminars, educational and training courses
(including those approved by the Training Committee),
forums, and other City related business meetings.
JustifiAble expenses related to such travel are
described in Section IV of this regulation. Attendance
of an out-of-state conference, etc., by members of the
City Council is limited to two members (the Mayor, or
his designee and an additional member of Council),
unless approved by Council.
4-
Justifiable Expenses
A.1 In general, the City will reimburse for travel the
lesseE-ef-the-euE-EeFit-mileage--Eate-eF-eeaek-ai-Efa-Ee.
the coach airfare when available or the current mileage
rate, not to exceed the cost of coach airfare.
Mode of Transportation
a. (1) City vehicles should be used whenever 1989sible
practical for official business.
b. (3) The travel agency should bill the City, when possible.
Related Transportation Costs
C. If a rental car is necessary, the most economical model
should be selected and all receipts should accompany tfie
Travel Expense R@imbursement Voucher.
Other Travel Expenses
2. For registration fees for conferences, conventions,
seminars, banquets, etc., which require payment in
advance, a Vendor's Invoice with a proper registration
form stating the amount of the fee must be presented
to the Finance Department at least eae two weeks in
advance of the conference. If possible, upon return
from the conference, a receipt for the registration
fee should accompany the Travel Expense Reimbursement
Voucher. If the registration fees are paid at the
conference, then a receipt is required for reimbursement.
Non-Reimbursable Items
2. Self entertainment activities such as: paid TV, movies,
night clubs, health clubs, dinner theatr@s, bowling,
etc., are not reimbursable.
I N F 0 R M A L A G E N D A
ITEM #15838
The City Manager advised Council the Referendum on the Water and
Sewer Bonds, and Road Bonds were approved overwhelmingly by the
voters of Virginia Beach, which was an indication for the City to
proceed with the construction of the wells. One water plant will
be in operation by July of 1981, and all four (4) will be in
operation by December 31, 1981.
The City Manager further advised he has given authorization for the
hiring of the Firm of Betz, Converse and Murdoch (specializers in
hydraulics and geological surveys). They will associate themselves
with the Firm of Converse, Ward, Davis and Dickson, who will work
with site selection for the wells.
The City Manager noted that no funds will be needed at the present
time; however, when the designs are completed the City will need
funds of approximately $10,500,000 in Referendum funds, which will
be authorized for sale.
5-
ITEM #15839
The City' Manager advised Council when the Referendum on Roads was
approved by the voters of Virginia Beach it, too, was an indication
to proceed as quickly as possible with the roads that had been
placed on the Referendum.
The City can proceed immediately with Virginia Beach Boulevard. In
December, 1980, the City can advertise for the construction of Indian
River Road; and, in January of 1981, advertise for Bonney Road.
All rights-of-way acquisition was suspended on Kempsville Road and
it will take approximately five (5) months to acquire all of the
rights-of-way needed.
As approximately $4,000,000 will be needed to "satisfy" the City's
road construction, the City Manager advised he will be coming to
Council requesting Bond Anticipation Notes in that amount based
upon the anticipation of the sale of Referendum Bonds in April of
1981.
The City Manager advised Council that the City sells its Bonds every
December. There is a strong indication that the Prime Rate will
conti-nue to rise until after the First of January, 1981, then begin
to fall. The Bonding Attorneys are being asked to prepare the proper
Bonding Authorization for the sale of Bonds; and, also the Bond
Anticipation Notes in case the City's interest rates come in too high,
which will give Council the option of selling or not selling the
Bonds in December.
City Council RECESSED into the EXECUTIVE SESSION (1:23 p.m.).
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F 0 R M A L S E S S I 0 N
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
2:00 p.m.
Council Members Present.
Jolm A. Baun, Vice @yor Harold Heischober, Barbara M. Henley,
Clarence A. Holland, W. H. Kitchin, III, Reba S. @Cl@, @yor
J. Henry @Coy, Jr., Donald W. @rrick, @yera E. Oberndorf, and
Patrick L. Standing
Council Members Absent:
F. Reid Ervin
INVOCATION: Reverend Thomas H. Britton, Pastor
Lynnhaven Colony United Church of Christ
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
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ITEM #15840
Mayor McCoy advised the citizens who attended the Council Meeting that
"Council has no intention of trying to dodge the bullet, on the Referendum
about the newspaper. We all realize we are going to have to wrestle with
the problem. We're not going to do it today. We have litigation underway
right now. The first hearing will be on 20 November 1980. We will not
formally discuss this until after that date. Whether we'll discuss it
on 24 November 1980 or not,we do not know. But we will not discuss it
before the 24th of November. It is not on our agenda, and we will not
have any participation from the audience on this, nor will we discuss it
ourselves. If anyone is here and plans to speak, I'm sorry, but we're
not going to do that."
M I N U T E S
ITEM II-D-2 ITEM #15841
Upon motion by Councilman Holland, seconded by Vice Mayor Heischober,
City Council voted to APPROVE a CORRECTION to the Minutes of the
Regular Meeting of January 21, 1980:
ITEM #14677 - should have included $875,000 on November 1
in each of the years 1983 to 1988, inclusive,
O_ao on November i in each ot the years
1969 to 1998, inclusive, an ..
Notice of Sale - 1983 and to 1988
1989 and to 1998
Voting: 10-0
Council Members Voting Aye:
John A. Baun, Vice @yor Harold Heischober, Barbara M. Henley,
Clarence A. Holland, W. H. Kitchin, III, Reba S. ItClanan, @yor
J. @ YjcCoy, Jr., Donald W. @rrick, @yera E. Oberndorf, and
Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
F. Reid Ervin
-8-
ITEM II-D.3 ITEM #15842
Upon motion by Councilman Standing, seconded by Councilman Holland,
City Council voted to APPROVE a CORRECTION to the Minutes of the
Regular Meeting of September 22, 1980:
ITEM #15663 - (e) Full-time employee. A full-time employee
shall be defined as a City employee who
is scheduled to actually work less-thar
9=5-heu-Es-pe-E-eenseeutive-werk-week 35
hours or more per consecutive work w-eek.
Voting: 10-0
Council Members Voting Aye:
Jobn A. Baum, Vice Mayor Harold Heischober, Barbara M. Henley,
Clarence A. Holland, W. H. Kitchin, III, Reba S. McClanan, Mayor
J. Henry McCoy, Jr. , Donald W. @rrick, @yera E. Oberndorf *, and
Patrick L. Standing
Council Members Voting Nay:
NGne
Council Members Absent:
F. Reid Ervin
*COUNCILWOMAN OBERNDORF VOICED A VERBAL "AYE".
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ITEM II-D.1 ITEM #15843
Upon motion by Councilmn Standing, seconded by Vice Mayor Heischober,
City Council voted to APPROVE the Minutes of the Regular Meeting of
3 November 1980, with the following clarification:
ITEM #15814 - Councilwoman Henley suggested employees be
granted one-half day Christmas Eve, all day
Friday, December 26, 1980, and all
Januar,! 2, 1981; however, employees will work
.IT 3.7 ew Year s Eve.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Vice Mayor Harold Heischober, Barbara M. Henley,
Clarence A. Holland, W. H. Kitchin, III, Reba S. McCl@, Mayor
J. Henry @oy, Jr., Donald W. Yierrick, @yera E. Oberndorf, and
Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
F. Reid Ervin
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R E S 0 L U T I 0 N S
ITEM II-E.1 ITEM #15844
Attorney Grover C. Wright, Jr., appeared in favor of the proposed
Resolution.
Councilman Standing made a motion, seconded by Councilman Baum, to
APPROVE the Resolution pertaining to the requests of Officials of
Merrill, Lynch, Pierce, Fenner and Smith to locate a Stockbroker's
Office within property located on Atlantic Avenue at The Oceans
Condominium.
Councilman Merrick offered a SUBSTITUTE MOTION, seconded by Vice
Mayor Heischober, to DEFER the Resolution pertaining to the requests
of Officials of Merrill, Lynch, Pierce, Fenner and Smith to locate a
Stockbroker's Office within property located on Atlantic Avenue at
The Oceans Condominium, until the hearing by the Beach Parking
Cornmittee.
Voting: 2-8
Council Members Voting Aye: (for Substitute Motion)
Vice @yor Harold Heischober, and Donald W. @rrick
Council Members Voting Nay:
John A. Baum, Barbara M. Henley, Clarence A. Holland, W. H.
Kitchin, III, Reba S. @Clanan, Yjayor J. Henry McCoy, Jr.,
@yera E. Oberndarf, and Patrick L. Standing
Council Members Absent:
F. Reid Ervin
The SUBSTITUTE MOTION was LOST.
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The recorded vote on the MAIN MOTION is as follows:
Voting: 8-2
Council Members Voting Aye:
John A. Baum, Barbara M. Hffdey, Clarence A. Holland, W. H.
Kitchin, III, Reba S. YicClanan, Ityor J. Henry @Coy, Jr.,
@yera E. Oberndorf, and Patrick L. Standing
Council Members Voting Nay:
Vice Mayor Harold Heischober, and Domld W. @rrick
Council Members Absent:
F. Reid Ervin
The MAIN MOTION was APPROVED.
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At a meeting of the Council of the City of Virginia held in the
Council Chambers on the 10 day of November 1980,
the following resolutio w@as adopted.
R E S 0 L U T I 0 N
WHEREAS, the City Council of the City of Virginia Beach, Virginia,
has an application for permission to change an existing nonconfoming use
of a lot, structure, and premises from a public restaurant to a stock
brokerage office having been made to the City Council, in accord with the
provisions of the Comprehensive Zoning Ordinance of the City, specifically,
Section 105(b)(3), by the Unit Owners' Association of the Oceans Condominium,
the owner of the lot, structure and premises, and its tenant, Merrill, Lynch,
Pierce, Fenner, and Smith, a stock broker, accompanied by a site plan showing
the actual dimensions and shape of the lot, the sizes and locations on the
lot of the existing structures, and the existing and proposed uses of structures,
open areas, access, and off-street parking;
THEREFORE, BE IT RESOLVED by the City Council of the City of Virginia Beach
that it has received the recommendations of the City Manager and the Planning
Director and having held a public hearing thereon, and having considered such
factors as traffic flow and control, access to and circulation within the
property, off-street parking and loading, refuse and service areas, hours and
manner of operation, noise, odor and other pertinent land use matters, and it
appearing and the Council finding in this specific case that the proposed
nonconforming use of a part of the lot, structure, and premises for a
stock brokerage office, as shown on said site plan, is equally appropriate
or more appropriate to the district than the existing nonconforming use thereof
as a public restaurant and will have no more adverse effect on the health,
safety, welfare and comfort of persons living or working in the area and will
be no more injurious to property or improvements in the surrounding area,
perTnission be and the same is hereby granted for such change of use.
kdf Ar@ -0 CONTENT
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t'PA',ZTME.NT
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11 /10 80
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C 0 N S E N T A G E N D A
ITEM II-F ITEM #15845
Upon motion by Councilman Standing, seconded by Mayor McCoy, City Council
voted to separate ITEM II-F.1 from the CONSENT AGENDA, and APPROVE ITEMS
F.2/3/4.
Voting: 10-0
Council Members Voting Aye:
John A. Bau-n, Vice btyor Harold Heischober, Barbara M. Henley,
Clarence A. Holland, W. H. Kitchin, III, Reba S. @Clanan, @yor
J. Henry @Coy, Jr., Domld W. @rrick, @yera E. Oberndorf, and
Patrick L. Standing*
Council Members Voting Nay:
None
Council Members Absent:
F. Reid Ervin
*COUNCILMAN STANDING VC)ICED A VERBAL "AYE".
-1 4-
ITEM II-F. 2 ITEM #15846
Upon moti@n by Councilman Standing, seconded by Mayor McCoy, City
Cou-ncil voted to APPROVE the request of the Amateur Softball Association
(Virginia Beach Youth Teams), for a Bingo Permit.
Voting: 10-0
Council Members Voting Aye:
John A. Baun, Vice @yor Harold Heischober, Barbara M. Henley,
Clarence A. Holland, W. H. Kitchin, III, Reba S. @Clanan, Mayor
J. Henry ItCoy, Jr., Donald W. @rrick, Yjeyera E. Oberndorf, and
Patrick L. Standing*
Council Members Voting Nay:
None
Council Members Absent:
F. Reid Ervin
*COUNCILMAN STANDING VOICED A VERBAL "AYE".
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ITEM II-F.3 ITEM #15847
Upon motion by Councilman Standing, seconded by Mayor McCoy, City
Council voted to APPROVE ON SECOND READING the Ordinance to appropriate
funds of $89,883 for the purchase of fire apparatus.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Vice @yor Harold Heischober, Barbara M. @ey,
Clarence A. Holland, W. H. Kitchin, III, Reba S. @Clanan, @yor
J. Henry @Coy, Jr., Donald W. @=ick, @yera E. Oberndorf, and
Patrick L. Standing
Council Members Voting Nay:
Ncne
Council Members Absent:
F. Reid Ervin
*COUNCILMAN STANDING VOICED A VERBAL "AYE".
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AN ORDINANCE TO APPROPRIATE FUNDS
OF $89,883 FOR THE PURCHASE OF
FIRE APPARATUS
WHEREAS, on September 14, 1980, the Fire Department, while
responding to a commercial fire, was involved in an accident which
resulted in the loss of one fire truck; and,
WHEREAS, the Fire Department desires to replace this lost
apparatus in order to maintain the present level of service provided
by the Fire Department; and,
WHEREAS, througb the City bid process, the Fire Department has
selected a comparable fire truck at a cost of $89,883.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH that funds of $89,883 be appropriated from the General
Fund Balance to the Fire Department in order to purchase a f ire truck.
Adopted by the Council of the City of Virginia Beach, Virginia,
on the Tenth day of November, 1980.
FIRST READING: 3 November 1980
SECOND READING: 10 November 1980
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ITEM II-F.4 ITEM #15848
Upon motion by Courcilman Standing, seconded by Mayor McCoy, City
Council voted to APPROVE ON SECOND READING the Ordinance to accept
a Grant totaling $43,993 from the Division of Justice and Crime
Prevention and to appropriate these funds.
Voting: 10-0
Council Members Voting Aye:
John A. Ba=, Vice @yor Harold Heischober, Barbara M. Henley,
Clare-nce A. Holland, W. H. Kitchin, III, Reba S. @Clanan, @yor
J. Henry @Coy, Jr., Donald W. @rrick, @yera E. Oberndorf, and
Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
F. Reid Ervin
*COUNCILMAN STANDING VOICED A VERBAL "AYE".
-1 8-
AN ORDINANCE TO ACCEPT A GRANT
TOTALING $43,993 FROM THE DIVISION
OF JUSTICE AND CRIME PREVENTION AND
TO APPROPRIATE THESE FUNDS
WHEREAS, the Court Services Unit desires to expand its current
Wilderness Program to serve male and female youth; and,
WHEREAS, the Division of Justice and Crime Prevention (DJCP),
has approved first year funding to accomplish the above objective.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA, that a Grant be accepted and appropriated for
the following purpose:
Estimated Revenue Total
From Other Agencies Appropriations
Sierra II - Wildernesg Stress
Program $43,993 $43,993
That the appropriations be financed by $43,993 Estimated Revenue
from the DJCP, with no local match required; and,
That one personnel position be authorized for the duration of
the Grant, to be paid from the Grant, with the employee's job class to
be determined by the City Manager.
Adopted by the Council of the City of Virginia Beach, Virginia,
on the Tenth day of November, 1980.
FIRST READING: 3 November 1980
SECOND READING: 10 November 1980
-1 9-
ITEM II-F.1 ITEM #15849
Mrs. Anne Harp appeared before Council concerning the proposed Ordinance.
Upon motion by Councilwoman McClanan, seconded by Councilman Baum, City
Council voted to uphold the recommendation of the City Manager and
APPROVE the Ordinance authorizing certain events conducted on City
property to be exempted from the prohibition from working or transacting
business on Sunday:
May 10, 1981 Tidewater Quilters Guild
May 10, 1981 Tidewater Coin and Gun Show
Voting: 9-1
Council Members Voting Aye:
Jolm A. Baun, Vice @yor Harold Heischober, Barbara M. Benley,
Clarence A. Holland, W. H. Kitchin, III, Reba S. McClanan, Yayor
J. Henry @Coy, Jr., Daaald W. @rrick, and Patrick L. Standing
Council Members Voting Nay:
@yera E. Oberndorf
Council Members Absent:
F. Reid Ervin
20 -
AN ORDINANCE AUTHORIZING CERTAIN
EVENTS CONDUCTED ON CITY PROPERTY
TO BE EXEMPTED FROM THE PROHIBITION
FROM WORKING OR TRANSACTING BUSINESS
ON SUNDAY
WHEREAS, Section 18.2, Code of Virginia (1950) as amended, requires
the City Council of the City of Virginia Beach to designate on a case-by-case
basis the events which are exempt from working or transacting business on Sundays;
and
WHEREAS, the following city property has been designated by the Council of
the City of Virginia Beach for the following dates, as the site for the following
events:
DATE CITY PROPERTY EVENT
May 10, 1981 Pavilion Tidewater Quilters Guild
May 10, 1981 Pavilion Tidewater Coin and
Gun Show
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the above-mentioned events are exempt from the prohibition of working
or transacting business on Sunday as provided by general law. That the City Clerk
is directed to forward a certified copy of this ordinance to the Commonwealth
Attorney.
This ordinance shall be effective from date of adoption.
ADOPTED ON: Tenth day of November 1980
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P L A N N I N G A G E N D A
ITEM II-G.1 ITEM #15850
Attorney H. Calvin Spain appeared in behalf of the applicant, and
requested withdrawal.
Mr. Lee Williams appeared in opposition to withdrawal, representing the
Doyleway Civic League
Upon motion by Vice Mayor Heischober, seconded by Councilwoman Henley,
City Council voted to DENY the application of LESSIE M. GIMBERT for a
Change of Zoning District Classification, as per the following:
Ord@ce upm application of Lessie M, G@rt for a Change
of Zoning District Classification from R-5 Residp-ntial-
District to B-:3 General- iness District m certain property
located on the North side of Robert Jackson Driw begirriing at
a point 220 feet rwre or less East of Girrbert Drive, rlrming a
distance of 54.35 feet along the North side of Robert Jackson
Dri,x, running a distance of 123.32 feet in a Northwesterly
direction, rl=ing a distance of 241.68 feet in a Northeasterly
direction, ruming a distance of 22.26 feet in a Northerly direction,
rumiing a distance of 79.86 feet ina Northwesterly direction,
rurming a distance of 119.46 feet in a Northerly direction, running
a distance of 188.60 feet in' a Northeasterly direction, rlrming a
distance of 1411.55 feet along the Northern property line (South
side of Virginia Beach-Norfolk Expressway), rurming a distance of
558.93 feet in a Southeasterly direction, rl=ing a distance of
340 feet nure or less in a Northeasterly direction, rurming a
distance of 62D.28 feet in a Southeasterly direction, running a
distance of 135 feet in a Northeasterly direction and running a
distance of 150 feet in a Southeasterly direction. Said parcel
cmtains 8.46 acres. LYNNR4VEN BCRDUGH.
Voting: 9-1
Council Members Voting Aye:
Jolm A. Baum, Vice Yjayor Harold Heischober, Barbara M. Henley,
Clarence A. Holland, W. H. Kitchin, III, Reba S. DtClanan,
Donald W. @rrick, @yera E. Oberndorf, and Patrick L. Standing
Cou-ncil Members Voting Nay:
@yor J. @ @Coy, Jr.
Council Members Absent:
F. Reid Ervin
- 22-
ITEM II-G. 2 ITEM #15851
Attorney-H. Calvin Spain appeared in behalf of the applicant.
Upon motion by Councilman Merrick, seconded by Councilwoman Oberndorf,
City Council voted to uphold the recommendation of the Planning
Commission and APPROVE the application of PROGRESSIVE CONSTRUCTION
CORPORATION for a Change of Zp g"Diostrict Classification, as per the
t. t co@ It@. s t@
following, subject e ined in ttie Tity Manager's
letter:
ORD L?W APPLICATION OF PRDGRESSIVE Z01180529
CONSIRUCTION CORPCRATION FCR A CHANGE OF
ZDNING DISIRICT CIASSIFICATION FRCM B-2
CC)@TrY-BUSINESS DISTRICR TID A-1 APART=
DISIRICr
BE 1T CRIA= BY THE COLMIL OF THE CM OF VL--RGINIA BEACH, VIRGINIA:
Ordinance upon applicatian of Progressi-ve Cmstruction Corporation
for a @e of Zoning District Classification fran B-2 Commity-
BuSiness District to A-1 Apar=mt Distr ct an certain prc)perty
located on the West side of Cranstm Lane begiming at a point
260 feet North of Virginia Beach Boulevard, ruming a distance of
150 feet along the West side of Cranston Lane, ruming a distance
of 655 feet in a Nor@sterly direction, rlrming a distance of
683.38 feet along the East side of North Lymhaven Road, ruming
a distance of 131.69 feet in an Easterly direction, ruming a
distance of 140 feet in a Southerly direction and rurming a distance
of 659.73 feet along the Southern property line. Said parcel cr-ntains
7 acres nure or less. L vER BOROUGH.
Approval is subject to the following provisions in conjunction with
the intended use of the land:
1. Standard inprovenients as required by the Site Plan Ordinance.
2. City water and s@r.
3. A standard City street is to be constructed the entire length
of Cranston Lane; this includes pawmnt, curb and gutter,
sidewalk and drainage facilities.
This Ordinance shall be effective from date of adoption.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the Tenth day of November, 1980.
Voting: 10-0
- 23-
Council Members Voting Aye:
Jolm A. Baum, Vice @yor Harold Heischober, Barbara M. Henley,
Clarence A. Holland, W. H. Kitchin, III, Reba S. @Clanan, Mayor
J. Heriry @Coy, Jr., Donald W. Yje=ick, @yera E. Oberndorf, and
Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
F. Reid Ervin
- 24-
ITEM II-G.3 ITEM #15852
Attorney H. Calvin Spain appeared in behalf of the applicant
Attorney Grover C. Wright, Jr., representing the Great Neck
Association of Civic Leagues, appeared in opposition.
Mrs. Dianne Tinsley appeared in opposition, and presented petitions.
Copies of which will be made a part of these proceedings.
Upon motion by Councilman Merrick, seconded by Vice Mayor Heischober,
City Council voted to uphold the recommendation of the Planning
Commission and DENY the application of STRUCTURES OF VIRGINIA for a
Change of Zoning District Classification, as per the following:
Ordinance upon applicatim of Structures of Virginia, Inc., for a
of Zon@ District Classificatim from R-5 Residential
@,-t to A-Z ApartnEnt I)istrict m certain property located m
the South side of Old Donatim Parkway begiming at a point 1840
feet mre or less West of First Colonial Road, ruming a distance
of 360 feet along tlje South side of Old Donation Parkway, ruming
a distance of 870 feet along the Vkstern property line, ruming a
distance of 700 feet along the Southern property line, rl=ing a
distance of 524.91 feet in a Northeasterly direction and running
a distance of 734.99 feet in a Northwesterly direction. Said
parcel contains 15 acres. L VEN BOROUGH.
Voting: 8-2
Council Members Voting Aye: (for denial)
Vice @yor Harold Heischober, Barbara M. Henley, W. H. Kitchin, TII,
Reba S. McClanan, @yor J. Henry @Coy, Jr., Donald W. @rrick, @yera
E. Oberndorf, and Patrick L. Standing
Council Members Voting Nay:
John A. Baun, and Clarence A. Holland
Council Members Absent:
F. Reid Ervin
- 25-
ITEM II-G.4 ITEM #15853
Attorney-Donald H. Rhodes appeared in behalf of the applicant.
Upon motion by Councilman Merrick, seconded by Councilman Standing,
City Council voted to uphold the recommendation of the Planning
Commission and APPROVE the application of THOMAS C. SHARPE, JR.,
AND JOHN W. SLAWSON for a Change ol Zoning istrict Classification,
ct t. t imit@
as per the following, subje Fle 1- .,,s .tlined in ttl@city
Manager's letter.
ORD@CE LTPW APPLICATION CF G. JR. ZD1180530
AND JOHN W. SLAWSCN FCR A CHANCE CF 2DN3NG DISTRICR
@SIFICATION FRCM B-2 C TIY-BUSIMSS DIMICR
TO I-1 LIGRT INDUSIRIAL DISIRICT
BE IT @= BY THE COLLNCIL OF THE CrN OF VIRGINIA BEACH, VIRGINIA:
Ordinance Won application of Thorms G. , Jr., and Jobn W.
Slawsan for a Change of= DijstLrict Classification fran B-2
Com=ity-Bus ess Distr I_ jgtit inctustriai@trict on
certain property located an the East side of Butternut Larle
begirining at a point 150 feet North of Second Street, rurming a
distance of 100 feet along the East side of Butternut Lane,
running a distance of 140 feet along the Nortbern property line
running a distance of 100 feet almg the Eastern property line
and rurming a distance of 140 feet along the Southern property
line. Said parcel contains .32 acre. LYNNMVEN BORDUGH.
Approval is subject to the foll@g provisions in cmjunction with
the intended use of the land:
1. Standard @rowmnts as required by the Site Plan Ordinance.
2. Alternative imthods of sewage disposal are required.
3. Additional downstream drainage easemmts and inipr ts are
necessary.
4. Right-of-vzy inprovermnts are required along Butternut Lane.
This Ordinance shall be effective from date of adoption.
Adopted by the Council of the City of Virginia Beach,
Vitginia, on the Tenth day of November, 1980
- 26-
Voting.. 10-0
Council Members Voting Aye:
Jolm A. Baum, Vice @yor Harold Heischober, Barbara M. Hmley,
Clarence A. Holland, W. H. Kitchin, III, Reba S. @Clmm, Mayor
J. Henry @Coy, Jr., @d W. I*rrick, Yjeyera E. Oberndorf, and
Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
F. Reid Ervin
- 27-
ITEM II G.5 ITEM #15854
Attorney'Grover C. Wright, Jr., appeared in behalf of the applicant
Upon motion by Councilwom an Oberndorf, seconded by Co@cilman Standing,
City Council voted to uphold the recommendation of the Planning
Commission and APPROVE the application of SBRC ASSOCIATES for a
Conditional Use Permit, as per the following, subject to the conditions
outlined in the City Manager's letter:
AN ORDINANCE @ AppLICATiON OF SBRC ASSOCIATES R01180348
FCR A CONDLTIDNAL USE PERM FOR AN AUMUBILE
SERVICE STATION
BE IT ORDK= BY THE CO@CIL OF THE CITY OF VIRGINIA BEACH, VERGINTA:
Ordinance upon application of SBRC Associates for a Cmditional Use
Permit for an autoimbile service station an certain property located
m t South side of Indian River Road beginning at a point 654 feet
West of Kenpsvi.-Ile Road, running a distance of 150 feet along the
South side of Indian River Road, rL3rming a distance of 150 feet along
the @stern property line, rluming a distance of 150 feet along the
Southern property line and rurming a distance of 150 feet along the
Eastern property line. Said parcel ccntains .5 acre. MTSVI=
BCROUGH.
Approval is subject to the foll@g provisions in conjtnction with
the intended use of the land:
1. Standard izipro@ts as required by tt-e Site Plan Ordinance.
2. City water and sewer, when available.
3. The dewloper is to provide @strewn drainage facilities
and easenients, as necessary.
4. Public restroans are to be provided.
5. Coirpliance with Article 2, Section 224 of the Cmprehensive
Zoning Ordinance pertaining to Autombile Service Stations.
6. A variable dedication along Indian Ri'ver Road.
This Ordinance shall be effective from date of adoption.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the Tenth day of November, 1980
Voting:, 10-0
28-
Council Members Voting Aye:
John A. Baum, Vice @yor Harold Heischober, Barbara M. Henley,
Clarence A. Holland, W. H. Kitchin, III, Reba S. @Cl@, @yor
J. Henry @Coy, Jr., Donald W. @rrick, Yeyera E. Oberndorf, and
Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
F. Reid Ervin
- 29-
ITEM II-G.6 ITEM #15855
Mrs. Robert Brown appeared in behalf of her application.
I
Upon motion by Councilman Holland, seconded by Councilman Standing,
City Council voted to uphold the recounendation of the Planning
Commission and APPROVE the application of ROBERT A. AND SUSAN E.
BROWN for a Conditional Use Permit, as per the following, subject
to the conditions outlined in tHe-City kanager's letter:
Mrs. Brown advised her application was for various miniature items
rather than miniature doll house furniture.
AN ORDEWCE LIPON APPLICATICN OF ROBERT A. AND R01180349
SUSAN E. FOR A CONDITIONAL USE PER=
FC)R A HCTE OCCIPATION@IATLIRE AND DO'LL HOUSE
FMITLIRE)
BE IT ORDA= BY THE COLNCIL OF THE CTRY OF VIRGINIA BEACH, VIRGINIA:
An Ordu=ce upon application of Rcbert A. and Susm E. Brown for a
Ccnditional Use Permit for a hcm occupation (miniature and doll house
furnitlire) an certain property located an the West side of Spooner Road
begi.iming at a point 464.07 feet North of Kellam Road, rurming a distance
of 76.87 feet along the @st side of Spooner Road, rum-iing a distance of
100.39 feet along the Northern property line, ruming a distance of
73.15 feet along the Western property line and rlrming a distance of
100.38 feet along the Southern property line. Said parcel ccntains
.17 acre. BAYSIDE BOROUGH.
Approval is subject to the following provisions in cmiunction with
the intended use of the land:
1. Caripliance with Article 2, Section 229 of the Conprehensiw
Zoning Ordinance pertaining to hcm occupations.
This Ordinance shall be effective from date of adoption.
Adopted by the Council of the City of Virginia Beach,
Virgi-nia, on the Tenth day of November, 1980.
30 -
Council Members Voting Aye:
John A. Baum, Vice @yor Harold Heischober, Barbara M. Henley,
Clarence A. Holland, W. H. Kitchin, III, Reba S. Mr-Clmm, @yor
J. Henry @Coy, Jr., Donald W. Yierrick, @yera E. Obemdorf, and
Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
F. Reid Ervin
11/10/80
- 31-
C I T Y C 0 D E A M E N D M E N T S
ITEM II-H.l.a ITEM #15856
Upon motion by Councilman Holland, seconded by Councilwoman Oberndorf,
City Council voted to uphold the recommendation of the City Manager and
APPROVE the Ordinance to amend and reordain Section 23-12.1 of the Code
of the City of Virginia Beach pertaining to Bingo Games and Raffles.
Voting: 10-0
Council Members Voting Aye:
Jolm A. Baum, Vice @yor Harold Heischober, Barbara M. Henley,
Clarence A. Holland, W. H. Kitchin, III, Reba S. McClanan, @yor
J. Henry YjcCoy, Jr., Donald W. I*rrick, @yera E. Oberndorf, and
Patrick L. Standing
Council Members Voting Nay:
Ncne
Council Members Absent:
F. Reid Ervin
3 2-
Requested by Director of Finance
AN ORDINANCE TO AMEND AND REORDAIN
SECTION 23-12.1 OF THE CODE OF THE
CITY OF VIRGINIA BEACH PERTAINING
TO BINGO GAMES AND RAFFLES
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA:
That Section 23-12.1 of the Code of the City of Virginia
Beacb is hereby amended and reordained as follows:
Section 23-12.1. Bingo games and raffles: Permit applications
and fees; annual reports; unannounced audits.
(b) An annual report of all receipts and disbursements shall
be filed pursuant to Section 18.2-340.6, Code of Virginia, as amended, by
every organization conducting bingo games and raffles under this Section.
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. Provided, however, any organization whose gross receipts
exceed $50,000 during any calendar quarter 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 unless audited by a certified public accounting firm as provided
for in Subsection (c) hereof.
(d) Notwithstanding the provisions of this Article requiring
annual or quarterly audit, the Director of Finance or his designee and
the Chief of Police or his designee is hereby authorized to perform
unannounced audits or secure any records required to be maintained by
the provisions of Section 18-2-340.6, Code of Virginia, 1950, as amended.
Any such official shall have the authority to go upon the premises on
which any organization is conducting a bingo game for the purpose of
carrying out the duties imposed by this Article.
This Ordinance shall be effective from date of its adoption.
Adopted by the Council of the City of Virginia Beach, Virginia,
on the Tenth day of November, 1980.
- 33-
ITEM II-H.l.b ITEM #15857
Upon motion by Vice Mayor Heischober, seconded by Councilman Holland,
City Council voted to uphold the recommendation of the City Manager
and APPROVE ON FIRST READING the Ordinance to amend and reordain
Section 22-68 of the Code of the City of Virginia Beach relating to
Imposition of License Tax.
Voting: 10-0
Council Members Voting Aye:
Jolin A. Baun, Vice @yor Harold Heischcber, Barbara M. Henley,
Clarence A. Holland, W. H. Kitchin, III, Reba S. McClanan, Mayor
J. Henry McCoy, Jr., Donald W. @rrick, @yera E. Oberndorf , and
Patrick L. Standing
Council Members Voting Nay:
Ncne
Council Members Absent:
F. Reid Ervin
34-
Requested by City Treasurer
AN ORDINANCE To AMEND AND REORDAIN
SECTION 22-68 OF THE CODE OF THE
CITY OF VIRGINIA BEACH RELATING TO
IMPOSITION OF LICENSE TAX
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA:
That Section 22-68 of the Code of the City of Virginia Beach
is hereby amended and reordained as follows:
Section 22-68. Imposition of License tax.
There is hereby imposed a.license tax of Fifteen Dollars ($15-00),
per year for each license year as provided in this Article upen-every
to be paid by the owner, upon each motor
vehicle designed and used for the transportation of passengers, which
shall include every vehicle which is self-propelled or designed for
self-propulsion, regularly kept in the City and used upon the public
roadways of the City, except as berein otherwise specifically provided.
No license fee shall be required for any vebicle
not required to obtain an annual registration certificate and license by
Code of Virginia, Section 46.1-45, et seq., or any vehicle specifically
exempt by Code of Virginia, Section 46.1-66.
The license tax for motorcycles
shall be Three Dollars ($3.00), per year for each license year as provided
in this Article.
The annual license tax on a ene-wheei-&P-two-wheel-trailer-&i-a
of-operaei&n utility, boat or camping trailer, which is normally pulled
er-teved by a passenger car or station wagon, or a pickup or panel truck,
haviitg-an-aettial and which has a gross veltiele weight net-emeeediitg-fiwe
of six thousand five hundred (6,500) pounds, or less altd
is Three Dollars and Fifty-Cents ($3.50). Notbing
in this paragraph shall be construed as applying to t-ke-f-ees-f-or trailers
- 35-
or semitrailers designed for use as living quarters for human beings or
to t-kese trailers or semitrailers operated under lease or rental agree-
ment or operated for compensation.
The license tax for a trailer or semi-trailer designed for use
as living quarters for human beings, which is normally towed behind a
passenger vehicle or pickup truck, is Fifteen Dollars ($15.00).
There is hereby imposed a license tax, to be paid by the owner,
upon each motor vehicle not designed and
used for the transportation of passengers, whether operated under lease
or renta.1 agreement or not; and whether operated for compensation or not.
T-his The amount of license tax shall be determined by the gross
weight of the vehicle or combination of vehicles of which it is a part, when
loaded to the maximum capacity for which it is registered and licensed,
by the State according to the following scbedule: Fer
Pounds Fees
4;-999 6,500 or less . . . . . . . . . . . . $15.00
4;-Gg-l 6,501 - 16,000 . . . . . . . . . . . $20.00
16,001 - 17,000 . . . . . . . . . . . . . . $20,80
17,001 - 18,000 . . . . . . . . . . . . . . $22.10
18,001 - 19,000 . . . . . . . . . . . . . . $23.40
19,001 - 20,000 . . . . . . . . . . . . . . $24.70
20,001 - 21,000 . . . . . . . . . . . . . . $26.00
21,001 - 22,000 . . . . . . . . . . . . . . $27.30
22,001 - 23,000 . . . . . . . . . . . . . . $28.60
23,001 - 24,000 . . . . . . . . . . . . . . $29.90
24,001 - 25,000 . . . . . . . . . . . . . . $31.20
25,001 - 26,000 . . . . . . . . . . . . . . $32,50
26,001 - 27,000 . . . . . . . . . . . . . . $33.80
27,001 - 28,000 . . . . . . . . . . . . . . $35.10
28,001 - 29,000 . . . . . . . . . . . . . . $36.40
29,001 - 30,000 . . . . . . . . . . . . . . $37.70
30,001 - 31,000 . . . . . . . . . . . . . . $39.00
31,001 - 32,000 . . . . . . . . . . . . . . $40.30
32,001 - 33,000 . . . . . . . . . . . . . . $41.60
3 3, 00 1-34, 000 . . . . . . . . . . . . . .$ 4 2. 90
34,001 - 35,000 . . . . . . . . . . . . . . $44.20
35,001 - 36,000 . . . . . . . . . . . . . . $45.50
36,001 - 37,000 . . . . . . . . . . . . . . $46.80
37,001 - 38,000 . . . . . . . . . . . . . . $48.10
36-
3 8, 00 1 - 3 9, 000 . . . . . . . . . . . . . . $4 9. 40
3 9, 00 1 - 40, 000 . . . . . . . . . . . . . . $ 50 . 70
40,001 - 41,000 . . . . . . . . . . . . . . $52.00
41, 00 1 - 4 2, 000 . . . . . . . . . . . . . . $ 53. 30
42,001 - 43,000 . . . . . . . . . . . . . . $54.60
43,001 - 44,000 . . . . . . . . . . . . . . $55.90
44,001 - 45,000 . . . . . . . . . . . . . . $57.20
4 5, 001 - 46, 000 . . . . . . . . . . . . . . $ 5 8. 50
46, 001 - 4 7, 000 . . . . . . . . . . . . . . $ 5 9. 80
4 7, 00 1 - 4 8, 0 00 . . . . . . . . . . . . . . $ 61. 10
48,001 - 49,000 . . . . . . . . . . . . . . $62.40
49,001 - 50,000 . . . . . . . . . . . . . . $63.70
50, 001 - 5 1, 000 . . . . . . . . . . . . . . $ 6 5. 00
51, 001 - 5 2, 00 0 . . . . . . . . . . . . . . $ 6 6 .30
52,001 - 53,000 . . . . . . . . . . . . . . $67.60
5 3, 0 0 1 - 54, 0 00 . . . . . . . . . . . . . . $ 6 8. 90
54, 00 1 - 5 5, 000 . . . . . . . . . . . . . . $ 70 .20
55,001 - 56,000 . . . . . . . . . . . . . . $71.50
56, 00 1 - 5 6, 800 . . . . . . . . . . . . . . $ 7 2. 80
56,801 and over . . . . . . . . . . . . . . $75.00
The tax amounts shown in this schedule are based upon, and
do not exceed, the fees charged by the State for corresponding we@ht
groups set forth in Code of Virginia, Section 46.1-154.
Eacb trailer or semitrailer used in combination with a truck
or tractor, and weighing more than 6,500 pounds gross shall be licensed
separately. The license tax for such trailer is $220.00 (Code of Virginia,
Section 46.1-157).
The provisions of this Section shall not be construed to apply
to any motor vehicle or trailer or combination tbereof whicb is exempt
from licensing under general law.
Adopted by the Council of tbe City of Virginia Beach, Virginia,
on tbe Tenth day of November, 1980.
- 3 7-
F I R S T R E A D I N G S
ITEM II-H.2.a ITEM #15858
Upon motion by Councilwoman Oberndorf, seconded by Councilman Holland,
City Council voted to uphold the recommendation of the City Manager
and APPROVE ON FIRST READING the Ordinance to accept a Grant totaling
$20,000 from Federal Aid to Public Libraries and to appropriate these
funds.
Voting: 10-0
Council Members Voting Aye:
John A. Ba@ 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:
F. Reid Ervin
*COUNCILWOMAN McCLANAN VOICED A VERBAL "AYE".
- 3 8-
AN ORDINANCE TO ACCEPT A GRANT
TOTALING $20,000 FROM FEDERAL AID
TO PUBLIC LIBRARIES AND TO
APPROPRIATE THESE FUNDS
WHEREAS, City Council is interested in enhancing the quality
of service provided by our Public Libraries; and,
WHEREAS, a Grant of $20,000 from Federal Aid to Public
Libraries is available for this purpose; and,
WHEREAS, no local funds are required.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH that funds from the above Grant be accepted and
$20,000 be appropriated to the Department of Public Libraries Tecbnical
Services Division for the FY 1981 Operating Budget as follows:
Personal Services $10,120
Contractual Services 9,880
Total Appropriation $20,000
Be it further ordained tbat Estimated Revenues from the
Federal Government be increased by $20,000 to finance tbe appropriation.
This Ordinance shall be effective from date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia,
on the day of 1980.
FIRST READING: 10 November 1980
SECOND READING:
- 39-
ITEM II-H. 2.b ITEM #15859
Upon motion by Councilman Baum, seconded by Councilman Holland, City
Council voted to uphold the recommendation of the City Manager and
APPROVE ON FIRST READING the Ordinance to amend Section 33-7.6 of
the Code of the City of Virginia Beach relating to Penalties For The
Failure To Pay Taxes Due Under A Land Use Plan.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Vice Mayor Harold Heischober, Barbara M. Henley,
Clarence A. Holland, W. H. Kitchin, III, Reba S. @Clanan, Yiayor
J. Henry McCoy, Jr., Dmmld W. @rrick, @yera E. Oberndarf, and
Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
F. Reid Ervin
- 40-
AN ORDINANCE TO AMEND SECTION 33-7.6 OF
THE CODE OF THE CITY OF VIRGINIA BEACH
RELATING TO PENALTIES FOR THE FAILURE
TO PAY TAXES DUE UNDER A LAND USE PLAN
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA:
That Section 33-7.6 of the Code of the City of Virginia Beach
is amended and reordained to read as follows:
Section 33-7.6. Same-Real Estate Assessor to determine and access;
penalties for failure to pay; penalty where special
assessment is delinquent; liability for material
misstatement on application.
(a) Tbe Real Estate Assessor sball determine and assess the
roll-back tax of the owner of any real estate liable for sucb taxes,
which shall be paid to tbe Treasurer within Thirty (30) days of assessment.
Failure of such owner to pay to tbe Treasurer within Thirty (30) days
shall cause owner to be liable for an additional penalty of ten (10)
percent of the amount of the roll-back tax, which penalty shall be
collected as part of tbe tax. In addition to such penalty there is
hereby imposed interest at the rate of one half of one percent (1/2 of 1%)
per month on the amount of roll-back tax on each month or fraction tbereof
during which failure to pay continues.
(b) If on December one of any year the taxes for any prior
fiscal year on any parcel of real property_which has a special assessment
as provided for in this Cbapter are delinquent, the Treasurer shall
forthwith send notice of that fact and the general provisions of this
Section to the property owner by first class mail. If after sending
such notice, such delinquent taxes remain unpaid on May_one, the Treasurer
shall notify the Real Estate Assessor who shall remove such parcel
from the land use program.
(c) Any person making a material misstatement of fact in any
application filed pursuant hereto shall be liable for all taxes, in
such amount and at such times as if such property had been assessed
on the basis of fair market value as applied to other real estate in
the taxing jurisdiction, together with interest and penalties thereon,
and he shall be further assessed with an additional penalty of one
- 4 1-
hundred (100) percent of such unpaid taxes.
Adopted by the Council of the City of Virginia Beach, Virginia,
on the day of 1 1980.
This ordinance shall be effective from date of adoption.
Section 58.769.8:1 of the Virginia Code is the source of
this amendment.
FIRST READING: 10 November 1980
SECOND READING:
- 42-
BOOK 2086 PAGE 416
U N F I N I S H E D B U S I N E S S
ITEM II-I.1 ITEM #15860
Upon motion by Councilman Merrick, seconded by Councilman Standing, City
Council voted to uphold the recommendation of the City Manager and APPROVE
his request that City Council authorize him to sign a deed to transfer
fifty (50) acres purchased from Broad Bay Manor, Inc., for the construction
of Great Neck High School, to the School Board.
Voting: 10-0
Council Members Voting Aye:
Jobn A. Ba@ 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:
F. Reid Ervin
-4 3-
THIS DEED, made this Twelfth day of November, 1980, by and
between the- CITY OF VIRGINIA BEACH, a municipal corporation of the
Commonwealth of Virginia, hereinafter referred to as "Grantor" party
of the first part, and the SCHOOL BOARD OF THE CITY OF VIRGINIA BEACH,
hereinafter referred to as "Grantee" party of the second part:
W I T N E S S E T H
That for and in consideration of the sum of Ten Dollars ($10.00),
cash in hand paid, and other good and valuable considerations, the receipt
of which is hereby acknowledged, the said Grantor does hereby sell, assign,
transfer and convey with GENERAL WARRANTY, unto the said SCHOOL BOARD OF THE
CITY OF VIRGINIA BEACH, the following described property situated in the
City of Virginia Beach, Virginia:
All those certain lots, pieces and parcels of land, together
with any improvements hereon and appurtenances there unto
belonging, situate, lying and being in the City of Virginia
Beach, and known as designated as "PARCEL B-1, 50.000 ACRES"
on tbat certain plat entitled, "SUBDIVISION OF PROPERTY FOR
BROAD BAY MANOR, INC., LYNNHAVEN BOROUGH -- VTRGINIA BEACH,
VIRGINIA," dated November 1977, made by Marsh and Basgier,
Inc., P.C., intended to be recorded simultaneously herewith
and made a part hereof and to which reference is made for a
more particular description thereof.
It being a part of the property conveyed to the Grantor by
deed of Broad Bay Manor, Inc., a Virginia Corporation, dated
July 27, 1978, duly recorded in the Clerk's Office of the
Circuit Court of the City of Virginia Beach, Virginia, in
Deed Book 1806, at Page 237.
This conveyance is made subject to any covenants, conditions,
restrictions and easements in the chain of title constituting constructive
notice.
IN WITNESS WHEREOF, the City of Virginia Beach, Virginia, has
caused this deed to be executed in its name and on its behalf by its
City Manager, thereunto duly authorized, all as of the day and year
first above written.
CITY OF VIRGINIA BEACH
By
George L. Hanbury, City Manager
4 4-
(SEAL)
ATTEST:
Ruth Ydg.-. Smith, City Clerk
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to wit:
1, M. Angela Stevens a Notary Public in and for
the City and State aforesaid do hereby certify that George L. Hanbury,
City Manager, and Ruth Hodges Smith, City Clerk for the City of Virginia
Beach, wbose names as such are signed to the foregoing writing bearing
date on the Twelfth day of November, 1980, have acknowledged the same
before me in my City and State aforesaid.
Given under my hand this Twelftb day of November, 1980.
/s/ M. Angela Stevens
Notary Public
My Commission expires:
September 6, 1983
4 5-
- 46-
ITEM #15861
The City Manager advised Council he received notice from the State
Highway Department that they will be unable to advertise the
synchronization of the lights on Virginia Beach Boulevard until
January, 1981.
A D J 0 U R N M E N T
ITEM II-K.1 ITEM #15862
Upon motion by Councilman Standing, seconded by Councilman Holland,
and by ACCLAMATION, the meeting adjourned at 3:40 p.m.
Diane M. Hickman, Deputy City C e@r
I A
. . 4 @,
R'uth Hodges Smith, City Clerk ga-Y He ccoy(j(j 'D.D.S.
City of Virginia Beach,
Virginia
10 November 1980
dmh/asb