JUNE 16, 1980 MINUTES
CITY OF VIRGINII BEICI
MUNICIPAL CFNTER
VIRGINIA BEACH, VIRGINIA 234@
MAYOR PATRICK L. STANDING, At L.,g, CLARENCE A. HOLLAND, M.D., B.y,id. B.,..gb
VICEMAYOR J. HENRYM,COY JR., D.D.S., K..p@@ill, B .... gb DONALD W. MERRICK, Ly..h..- 8.... gh
JOHN A. BAUM. B.@.gb MEYERA E. OBERNDORF, At L.,g,
F. REID ERVIN, At L.,g. J. CURTIS PAYNE, A.- B.... gh
GEORGE R. FERRELL, A, L.," ROGER L. RIGGS, Vigi.i. B@.@h B...gb
BARBARA M. HENLEY, P..g. B.@.gh RUTH HODGES SMITH, City Cl.,k
CITY COUNCIL AGENDA
THE INFORMAL AND FORMAL SESSIONS OF
CITY COUNCIL WILL BE HELD IN THE
COUNCIL CHAMBERS, MONDAY, 16 JUNE
1980.
ITEM I EXECUTIVE/INFORMAL SESSION: MONDAY, 16 JUNE 1980 - 12:30 p.m.
A. CALL TO ORDER - MAYOR PATRICK L. STANDING
B. ROLL CALL OF COUNCIL
C. MOTION TO RECESS INTO EXTCUTIVF@/INFOIUIA'- SESSION
D. PRESENTATION/DISCUSSION OF PERTINENT MATTERS:
1. Our Own Press': Discussion.
2. Recreation in the Deerwood Trace Subdivision: Discussion.
ITEM II FORMAL SESSION: MONDAY, 16 JUNE 1980 - 2:00 p.m.
A. INVOCATION - Reverend Lamar Sentell
Pastor
Calvary Temple
B. PLEDGE OF ALLEGIANCE
C. ELECTRONIC ROLL CALL OF COUNCIL
D. MINUTES OF PREVIOUS MEETING
1. Motion to accept/approve the Minutes of 9 June 1980
E. PRESENTATION OF PERTINENT MATTERS
1. "Our Own" Publication
F. RESOLUTIONS
1. Resolution endorsing Virginia Beach 4-H CLUBS' campaign, July
First through October Twelfth, 1980: "MILLION PENNY".
2. Resolution authorizing the City Manager to amend the Conmunity
Development Housing Assistance Plan to conform with the City of
Virginia Beach Land Use Plan.
G. 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 appointing Viewers for the petition of Manford A.
Sonstegard for the closure of an unnamed street in the Bayside
Borough.
2. An Ordinance to amend and reordain Section 2-121 of the Code of
the City of Virginia Beach, Virginia, relating to banks and savings
and loan associations in which deposits are authorized.
3. Bingo Permit:
Bingo Chesapeake Bay Skating Club
H. PLANNING ITEMS
1. NEW APPLICATIONS
a. Application of R. G. Moore for the following changes of zoning
totalling 312 acres, located on the west side of Landstown Road,
southwest of its intersection wit' Princess Anne Road:
AG-1 Agricultural District to R-9 Residential Townhouse District
on a 65-acre parcel.
AG-1 Agricultural District to A-2 Apartment District on a
30-acre parcel.
R-8 Residential District to PD-H Planned Development Housing
District on a 9-acre parcel.
AG-1 Agricultural District to PD-H Planned Development Housing
District on a 280-acre parcel.
1. Letter from the City Manager transmitting the recormnendation
of the Planning Cornmission for denial.
b. Application of Daniel H. Templeton for a change of zoning from
A-2 Apartment District to A-4 Apartment District on a 1.36-acre
parcel located on the north side of Shasta Court, north of
Daytona Drive (Lynnhaven Borough).
Letter from the City Manager transmitting the recormnendation
of the Planning Commission for denial.
C. Application of C. S. Yoder and John B. Baines for a change of
zoning from R-5 Residential District to 0-1 Office District on
a 11.172-acre parcel located on the north side of First Colonial
Road, west of Mill Dam Road (Lynnhaven Borough).
1. Letter from the City Manager transmitting the recommendation
of the Planning Commission for denial.
d. Application of The Second Russell House, Inc. for a
conditional use permit for a home for the aged (120 units)
on a 4.1-acre parcel located east of the intersection of
First Colonial Road and Wolfsnare Road (Lynnhaven Borough).
1. Letter from the City Manager transmitting the recommenda-
tion of the Planning Cormnission for denial.
C. Application of Virby Realty Company for a conditional use
permit for a bulk storage yard on a 4.364-acre parcel
located on the east side of Baker Road, north of Thurston
Avenue (Bayside Borough).
1. Letter from the City Manager transmitting the recommenda-
tion of the Planning Commission for approval.
d. Application of James E. Proferes for a conditional use permit
for a temporary parking lot on a .44-acre parcel located on
the east side of Atlantic Avenue, north of llth Street
(Virginia Beach Borough).
1. Letter from the City Manager transmitting the recommenda-
tion of the Planning Commission for approval.
2. ORDINANCES
a. An Ordinance to amend The Master Street and Highway Plan
dated December 16, 1974.
1. Letter from the City Manager transmitting the recommenda-
of the Planning Commission for anproval,
HOWEVER, the City Manager cannot recommend approval at
at this time for the reasons outlined in his letter.
ORDINANCES
1. Appropriations
a. Second Readings
1. ordinance to appropriate additional funds for the
Community Mental Health Rehabilitation Unit in the
amount of $6,000.
2. ordinance to appropriate funds in the amount of
$355,000 to the Department of Public Works for
expenditures over the Budget.
3. Ordinance imposing afid levying a bank franchise tax for
the Calendar Year beginning January 1, 1980 and ending
December 31, 1980 and for each calendar year thereafter,
unless otherwise changed by the Council, upon the net
capital of every bank whose principal office is located
outside the City of Virginia Beach and which is located
in the City of Virginia Beach a branch or branches there-
of, providing for certain definitions and reports and the
assessment, collection and payment of such tax, and pre-
scribing penalties for its violation, and repealing
Ordinance No. 22 and ordinance No. 914 providing for the
taxation of bank stock dated January 1, 1963 and January
1, 1979, respectively.
b. First Readings
1. An Ordinance to appropriate funds, in the amount of $55,000
to extend a specialized Mental Health Grant for emotionally
handicapped students.
2. An Ordinance to appropriate funds, in the amount of $432,000,
for the Tidewater Virginia Alcohol Safety Action Program (TVASAP).
C. Bids
1. Low bid of Prepakt Concrete Company, in the amount of $52,727
for the Lake Pembroke Spillway Replacement.
AND, authorize the City Manager to enter into the necessary
agreements for the implementation of this project.
2. Low bid of Utility Builders, Inc., in the amount of $379,246-00,
for Contract I,
AND, the low bid of Van de Riet Construction Company, Inc. in
the amount of $72,815.00 for Contract II, for the Gardenwood
Park Sanitary Sewer Facilities,
AND, authorize the City Manager to enter into the necessary
agreements for the implementation of this project.
APPOINTMENTS TO BOARDS AND CO@IISSIONS CAll terms expire June 30, 1980)
1. Arts and Humanities Commission
2. Bicentennial Conmittee
3. Citizens Advisory Committee of Housing and Community Development
4. Mayor's Committee on Aging
5. Minimum Housing Board of Appeals
6. Social Services Board
7. Southeastern Virginia Planning District Commission
8. Volunteer Council (expired May 31, 1980)
K. OLD BUSINESS
L. NEW BUSINESS
M. ADJOURNMENT
1. Motion to adjourn
M I N U T E S
VIRGIIIA 3EACH CITY COU@ICIL
Virginia Beach, Virginia
16 June 1980
The Regul a r Meet i ng of the Counci I of the City of Vi rgi n i a Beach ,
Virginia, vias called to order by Mayor Patrick L. Standing, in the
Council Chambers, in the Administration Building, on Monday, 16 June
1980, at twelve thirty o'clock in the afternoon.
Council Members Present:
John A. Baum, F. Reid Ervin, George R. Ferrell,
Barbara M. Henley, Clarence A. Holland, Vice
tiayor J. Henry McCoy, Jr., Donald W. Merrick,
Mey era E . Obern dorf , J . Cur tis Payne , Roger L .
Riggs, and Mayor Patrick L. Standing
Council Members Absent:
None
ITEM #15229
Mayor Standing entertained a motion to permit Council to conduct
its IN FORMAL SESSION to be fol lowed by an EXECUTIVE SESSION for
t,he purpose of discussing the following:
I . Discussion or consideration of employment, assignment,
appointment, promotion, demotion, salaries, discipline or
res i gnat ion of publ i c off icers, or empl oyees of an,,, pub 1 i c
body. (Personnel Platters).
2 . Discussion or consideration of the condition,
acqu i si tion or use of real property for publ i c purpose ,
or other disposition of publicly held property.
( Acqu i si ti on, use or di s pos i tion of pub Ii cl y h el d property).
3. 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 pu@lic body.
(Legal Matters-).
Upon motion by Councilman Riggs, seconded by Councilman 'Iolland, City
Council voted to proceed into the EXECUTIVE SESSION following the
INFORMAL SESSION.
Voti ng I 1 - 0
6/ 16/80
2 -
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, George R. Ferrell,
Barbara M. Henley, Clarence A. Holland, Vice
Mayor J. Henry Mc@loy, Jr., Donald W. Merrick,
Meyera E. Oberndorf, J. Curtis Payne, Roger L.
Riggs, and Mayor Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
None
ITEM #15230
The Ci ty Manager advised Coun ci I t hat the Fe deral Government requi res
him to hold a City Manager's Adninistrative Public Hearing on Revenue
Sharing, which will be advertised in the newspapers.
After the Manager's Public Hearing the recommendations will be
given to Council prior to the Public Hearing Council must hold.
ITEM #15231
The Ci ty Manager advised Council of an Ordinance to amend Sections
29-3(B)(2)(2.1), 29-3(C)(2) and 29-11 of Ordinance Number 1035 re-
lating to sewer connections, fees, maintenance and line fee exemp-
tions, which will be on the FORMAL AGENDA of Council today (16 June
1980). The Ordinance was previously adopted 21 April 1980; however,
due to an oversight the previouslill adopted Ordinance concerning fees
was not included. There is no change in the fees.
0 6/1 6/80
3 -
M A T T E R S B Y c 0 U @4 C I L M E M B E R S
ITEM #15232
Vice Mayor McCoy requested information as to the report on the problems
at the Recreation Center.
The City Manager advised Vice Mayor McCoy he asked the Chief of
Po 1 i ce , an d t h e Dep a r tmen t b f Pa rk s a n d Re c r ea ti o n , f o r a re po rt
on the matter.
ITEM #15233
The City Manager advised Council he has requested a report on the
i n ci den t be twee n a b i cy c 1 i s t a nd po 1 i ce o f f i ce rs f rom Ch i ef Da v i s .
ITEM. #15234
Mayo r S ta nd i n g a d v i s e d t h e c i ti z e n s a tte nd i n g t h e I N FO RMAL S ESS I ON
that those persons who are present to participate in the discussion
on the "Our Own" publication the Council will hear twenty-five (25)
minutes from each side of that issue; and, one person may be
selected from each side for a five (5) minute summary.
City Council recessed to the EXECUTIVE SESSION (12:40 p.m.), for
b ri ef i n g pr i o r to t he FO RMAL S ESS I ON i n th e Co u n c i 1 Ch am be rs .
0 6/1 6/80
4 -
F 0 R M A L S E S S I 0 N
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
Two O'Clock in the Afternoon
Council Members Present:
John A. Baum, F. Reid Ervin, George R. Ferrell,
Barbara M. Henley, Clarence A. Holland, Vice
Mayor J. Henry McCoy, Jr., Donald 11. Merrick,
Meyera E. Oberndorf, J. Curtis Payne, Roger L.
Riggs, and Mayor Patrick L. Standing
Council Members Absent:
None
INVOCATION: Reverend Lamar Sentell, Pastor, Calvary Temple.
PLEDGE OF ALLEGIAKICE
M I N U T E S
(ITEM II-D.1) ITEM #15234
Upon motion by Councilman Saum, seconded by Councilman Holland, City
Council voted to APPROVE the Minutes of the Regular Meeting of 9 June
1 9 8 0 .
Voting: 1 0 - 0
0 6/1 6/80
5 -
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, Georg.e R. Ferrell,
Barbara M. He nl ey, Cl are nce A. Hol 1 and, Vice
Mayor J. Henry McCoy, Jr., Donald W. Merrick,
Meyera E. Oberndorf, J. Curtis Payne, and Roger
L. Riggs
Council Members Voting Nay:
None
Council Members Abstaining:
Mayor Patrick L. Standing
Council Members Absent:
None
P R E S E N T A T I 0 N S
(ITEM II-E.1) ITEM #15236
The following appeared in favor of permitting the publication "Our Own"
in the Public Libraries in Virginia Beach:
Mr. Gary Hankins Willard Frank, representing
Mr. Ron Buck, presented a American Civil Liberities
Resolution Union
Mr. Jack Robertson, Chairman Mr. Ed Helms
of the Library Board Daniel Gary, resident of
Mr. Carl Harrell Norfolk
0 6/1 6/80
6 -
The following appeared in opposition to the publication "Our Own";
and, in opposition to it being in the Public Libraries:
Doctor Rod Bell , Pastor, Reverend Anne Gimenez, Pastor,
Virginia Beach Tabernacle Rock Church
Church Rebecca Baker, Resolution to
Reverend Tommy Taylor, London Ban the "Our Own" from the
Bridge Baptist Church Libraries
Carl Bieber Oscar W. Richardson
Mr. Douglas Thompson presented a five (5) minute summary on the
above matter. Mr. Thompson appeared in favor.
Reverend John Jordon, Galilee Eposcipal Church, spoke on behalf
of the Library Board
Mr. Bill Neligar, Attorney, presented a five (5) minute summary
in opposition to the above matter.
Councilman Ervin made a motion, seconded by Councilman Baum, to
ADOPT the following Resolution reaffirming Council's decision to
give the Library Board the authority to establish policy governing
the handling of unsolicited materials. See page 6a.
Vice Mayor McCoy offered a SUBSTITUTE MOTION, seconded by Councilman
Riggs, to direct the City Manager to DIRECT the Library Department
not to accept publications of "Our Own" newspaper in the Virginia
Beach Public Library system; and, not to display any of its material
from today forward on the Library shelves; AND, take immediate action
to set up proper guidelines to revent something of this nature happening
in the future. FIRST SUBSTITU@E
Councilman Holland offered a SUBSTITUTE MOTION to the substitute
motion, seconded by Councilman Merrick, that this Council receive
the Library Board's report and request the Library Board, in con-
junction with the City Manager and the Director of Libraries, to
consider and evaluate the polic.y on unsolicited materials for the
future. SECOND SUBSTITUTE.
06/16/80
-6a-
At a meeting of the Council of the City of Virginia Beach,
Virginia, held in the Council Chambers in the Administration Building,
on the _ day of 1980, the following Resolution
was adopted.
On motion by seconded by
the following Resolution was adopted.
R E S 0 L U T,l 0 N
WHEREAS, the Council is of the opinion that the crucial issue
for its consideration is not a judgment of holmsexuality but the role and
function of the Virginia Beach Public Libraries and the administration thereof;
and
WHEREAS, the Council has appointed a Library Board whose members
are citizens of Virginia Beach and have served consistently with distinction;
and
WHEREAS, the Council is of the opinion that the Library Board and
the Department of Public Libraries have developed over the years an expertise
in promulgating and administering criteria for the selection and review of
material for the Public Library System; and
WHEREAS, the Council understands the need for the Public Libraries
to maintain a diverse and uncensored collection of materials.
THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That the Council of the City of Virginia Beach reaffirms its
decision to give the Library Board the authority to establish policy governing
the handling of unsolicted materials. I
Adopted by the Council of the City of Virginia Beach on the
day of 1980
JDB:ER
6-16-80
06/16/80
7 -
THE RECORDED VOTE ON THE SUBSTITUTE MOTION- TO THE SUBSTITUTE MOTION
IS AS FOLLOWS:
Voting:2-9
Council Members Voting Aye: (for the substitute motion to the
substitute motion)
Clarence A. Holland, and Donald W. Merrick
Council Members Voting Nay:
John A. Baum, F. Reid Ervin, George R. Ferrell,
Barbara M. Henley, Vice Mayor J. Henry McCoy, Jr.,
Meyera E. Oberndorf, J. Curtis Payne, Roger L.
Riggs, and Mayor Patrick L. Standing
Council Members Absent:
None
The recorded vote on the SECOND SUBSTITIJTE MOTION was lost.
06/16/80
8-
THE RECORDED VOTE ON THE FIRST SUBSTITUTE MOTION IS AS FOLLOWS:
Voting: 5- 6
Council Members Voting Alve: (for the first substitute motion)
George R. Ferrell, Vice Mayor J. Henry McCoy, Jr.,
Donald W. Merrick, J. Curtis Payne, Roger L. Riggs
Council Members Voting Nay:
John A. Baum, F. Reid Ervin, Barbara tl. Henley,
Clarence A. Holland, Meyera E. Oberndorf, and
Mayor Patrick L. Standing
Council Members Absent:
None
The recorded vote on the FIRST SUBSTITUTE MOTION was lost.
06/16/80
9 -
THE RECORDED VOTE ON THE MAIN MOTION IS AS FOLLOWS:
Voti ng : 5 - 6
Council Members Voting Aye: (main motion)
John A. Baum, F. Reid Ervin, Barbara M. Henley,
Meyera E. Oberndorf, and Mayor Patrick L.
Standing
Council Members Voting Nay:
George R. Ferrell, Clarence A. Holland, Vice Mayor
J. Henry McCoy, Jr., Donald W. Merrick, J. Curtis
Payne, and Roger L. Riggs
Council Members Absent:
None
The recorded vote on the MAIIN MOTION was lost.
06/16/80
I 0 -
ITEM #15237
Co un c i 1 man Me rri ck of fered a MOTION, s econ de d by Coun ci 1 man Ho l 1 and ,
to request the Library Board, in conjunction with the City tlanager
and the Director of Li b ra ri es to recon s i de r and re-eval uate the
policy on unsolicited materials; and, adopt new criteria for such
material and receive the Library Board's report.
Voti ng : 3 - 8
Council Members Voting Aye: (for the motion)
George R. FerreII, Cl are n ce A . H ol 1 an d , an d Don al d
'if. Merrick
Council Members Voting Nay:
John A. Baum, F. Reid Ervin, Barbara M. Henley,
Vice Mayor J. Henry McCoy, Jr., Meyera E.
oberndorf, J. Curtis Payne, Roger L. Riggs, and
Mayor Patrick L. Standing
Council Members Absent:
None
The above motion was LOST.
0 6/1 6/80
ITEM #15238
Councilman Ervin made a motion, seconded by Councilwoman Oberndorf,
to ADOPT the Reso l u tion reaf fi rmi ng Co unci I ' s decision to gi ve the
Library Board the authority to establish policy governing the
handling of unsolicited materials.
Vice Mayor McCoy of fered a SUBS TI TUTE MOTION, se con de d by Coun ci I man
Riggs. to direct the City Manager to DIRECT the Li b ra ry De partment
not to accept publications of "Our Own" newspaper in the Virginia
Beach Public Library system; and, not to display any of its materials
from today forward on the Library shelves; AND, take immediate action
to set up proper gui de l in es to prevent some t hing of this na tu re from
happening in the future.
The re corded vote on the SUBS TI TUTE MOTION is as fol 1 ows
Voting: 5 - 6
Council Members Voting Aye: (for substitute motion)
George R. Ferrell, Vice Mayor J. Henry McCoy, Jr.,
Donald W. Merrick, J. Curtis Payne, and Roger L.
Ri ggs
Council Members Voting Nay:
John A. Baum, F. Reid Ervin, Barbara M. Henley,
Clarence A. Holland, Meyera E. Oberndorf, and
Mayor Patrick L. Standing
0 6/16/80
1 2 -
Council Members Absent:
None
The above SUBSTITUTE MOTION was lost.
I
The recorded vote on the MAIN MOTION was lost.
Voting: 5 - 6
Council Members Voting Aye: (Main motion)
John A. Baum, F. Reid Ervin, Barbara M. Henley,
Meyera E. Oberndorf, and J. Curtis Payne
Council Members Voting Nay:
George R. Ferrell, Clarence A. Holland, Vice
Mayor J. Henry McCoy, Jr., Donald W. Merrick,
Roger L. Riggs, and Mayor Patrick L. Standing
Council Members Absent:
N-o n e
0 6/16/80
1 3 -
The recorded on the MAIN MOTION was lost.
ITEM 15239
Mayor Standing stated that "since no decision has been made by the
Co unci I , the ac ti on of the Li brary Boa rd s tan ds . "
The action of the Library Board is - the "Our Own" press will be
permitted one (1) copy of the newspaper in the periodical section
of the Library, according to their last decision.
R E S 0 L U T I 0 N S
(ITEM II-F.1) ITEM #15240
Councilwoman Oberndorf left chambers
Mr. Richard J. Webbon accepted the Resolution.
Upon motion by Councilman Ferrell, seconded by Councilman Payne,
City Council voted to ADOPT the Resolution endorsing Virginia Beach
4 -H- CLUBS ' cam pa i gn July fi rs t through Oc to ber twel f th, 1 980
MILLION PENNY.
Vo tin g 1 0 - 0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, George R. Ferrell,
Barbara M. Henley, Clarence A. Holland, Vice
Mayor J. Henry McCoy, Jr., Donald W. Merrick, J.
Curtis Payne, Roger L. Riggs, and Mayor Patrick
L. Standing
0 6/16/80
-1 4-
Council Members Voting Nay:
None
Council Members Absent:
Meyera E. Oberndorf
(ITEM II-F.2) ITEM #15241
Upon motion by Councilman Merrick, seconded by Councilman Riggs,
City Council voted to DEFER FOR ONE WEEK the Resolution authorizing
the City Manager to amend the Community Development Housing
Assistance Plan to conform with the City of Virginia Beach Land
Use Plan.
Requested by: Housing and Community Development
RESOLUTION AUTHORIZING THE CITY MANAGER
TO AMEND THE CORIMUNITY DEVELOPMENT
HOUSING ASSISTANCE PLAN WITH THE CITY
OF VIRGINIA BEACH LAND USE PLAN
WHEREAS, the City of Virginia Beach has approved a
Comprehensive Land Use Plan, the provisions of which recommend
that very limited residential development take place in the
Southern portion of the City of Virginia Beach; and,
WHEREAS, the Community Development Housing Assistance
Plan presently includes certain areas in the Southern portion of
the City as potential sites for multi-family, assisted housing;
a n d ,
WHEREAS, the Office of Housing and Community Development
wishes to delete the potential, Southern locations from the Housing
Assistance Plan so as not to conflict with the Comprehensive Land
Use Plan and to add other, general locations in lieu thereof as
06/16/80
1 5 -
shown on the attach ed map ; and ,
WHEREAS, the added, general locations appear to have at
least one housing site for each housing type (family, elderly, and
handicapped) meeting HUD site and neighborhood standards; and,
WHEREAS, the Community Development Citizen Advisory
Committee has recommended the proposed amendments referred to
hereinabove.
NOW, THEREFORE, BE IT RESOLVE D BY THE COUNCIL OF THE
CITY OF VIRGINIA BEACH, VIRGINIA:
That the City Manager is hereby authorized to take the
appropriate steps necessary to amend the Community Development
Ho us i ng Assistance Plan in accordance wi th the provi si on s of
this Resolution.
DEFERRED: 16 June 1980, FOR ORIE WEEK
Adopted by the Council of the City of Virginia Beach,
Virginia, on the day of 1980.
Voting: 1 0 - 0
Council Members Voting Aye: (for deferral
John A. Baum, F. Reid Erv.in, George R. Ferrell,
Barbara M. Henley, Clarence A. Holland, Vice
Mayor J. Henry McCoy, Jr., Donald W. Merrick,
J. Curtis Payne, Roger L. Riggs, and Mayor Patrick
L. Standing
Council Members Voting Nay:
None
Council Members Absent:
Meyera E. Oberndorf 0 6/1 6/80
-1 6 -
C 0 N S E N T A G E N D A
(ITEM II-G.1) ITEM #15242
ORDINANCE APPOINTING VIEWERS
WIIEREAS, Manford A. Sonstegard, has given due and proper
notice, in accordance with the statutes for such cases made and
provided that they will on the Ninth day of June, 1980, apply to
the City Council of the City of Virginia Beach, Virginia, for the
appointment of Viewers to view the below-described property and
report in writing to the Council whether, in the opinion of said
Viewers, any, and if any, what inconvenience would result from the
discontinuance of the hereinafter described portion of that certain
street of variable width, and has filed such application with said
Counci 1 .
NOW , THEREFORE , be i t ORDAINED by the Counci I of th e Ci ty
of Virginia Beach, Virginia:
THAT
and
are
hereby appointed to view the below-described property and report in
writing to the Council on or before 21 July 1980, whether in their
opinion, any, and if any, what inconvenience would result in the
discontinuing and vacating of a portion of that certain street of
variable width located in the City of Virginia Beach, Virginia, and
more particularly described as follows:
A portion of an unnamed street shown on
Amended Map of Blocks I and 3, Chesapeake
Shores, Bayside Borough, Virginia Beach,
Virginia, recorded in the Clerk's Office
of the Circuit Court of the City of Virginia
Beach, Virginia, in Map Book 9, at Page 61,
and being more particularly described as
follows: Beginning at a point which is South
0 6/16/80
- 1 7 -
670 East a distance of 95 feet from the
pin marking the dividing line between
Lots 26 and 27 as shown on the aforesaid
Map, said pin being located on the South
side of unimproved Coronet Avenue, (formerly
Wayne Avenue); thence South 420 00' West a
distance of 163.00 feet; thence along the
arc of a curve in said street 77.79 feet to
pin located on the dividing line between
Lots 27 and 28 on the aforesaid Map; then
Southwest along said lot dividing line for a
distance of 38.80 feet to a point; thence
Northeasterly along an arc with a radius of
191.78 feet a distance of 119.01 feet to a
point; thence North 420 001 East a distance
of 173.30 feet to a point; thence North-
westerly along Coronet Avenue a distance of
31.73 feet to the point of beginning.
All the above as shown upon that certain plat entitled,
"Physical survey, Lot 27, Block 11 , Amended Map of Blocks 1 and
3, Chesapeake Shores, Bayside Borough, Virginia Beach, Virginia."
which plat is attached hereto and made a part hereof and intended
to be recorded with the Ordinance closing the aforedescribed street.
Upon motion by Councilman Ferrell, seconded by Councilman Payne,
City Council voted to approve the Ordinance to appoint Viewers
for the petition of Manford A. Sonstegard for the closure of an
unnamed Street in the Bayside Borough.
Voting: 1 1 - 0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, George R. Ferrell,
Barbara M. Henley, Clarence A. Holland, Vice
Mayor J. Henry McCoy, Jr., Donald W. Merrick,
Meyera E. Oberndorf, J. Curtis Payne, Roger L.
Riggs, and Mayor Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
None 06/16/80
-1 8-
(ITEM II-G.2) ITEM #15243
Requested by: Vice Mayor McCoy
ORDINANCE TO AMEND AND REORDAIN
SECTION 2-121 OF THE CODE OF THE
CITY OF VIRGINIA BEACH, VIRGINIA,
RELATING TO BANKS AND SAVINGS AND
LOAN ASSOCIATIONS IN LIHICH DEPOSITS
ARE AUTIIORIZED
WHEREAS, John T. Atkinson, Treasurer of the City of
Virginia Beach, Virginia, has requested that certain institutions
be approved as depositories for city funds; and,
WHEREAS, the City Treasurer certifies that the below-
listed institutions have offices in Virginia Beach, Virginia, and
qualify for deposits under the general law of the Commonwealth of
Virginia.
BE IT ORDAINED BY THE COUNCIL OF Tf]E CITY OF VIRGINIA
BEACH, VIRGINIA:
That Section 2-121 of the Code of the City of Virginia
Beach, Virginia, be amended and reordained to read as follows:
The City Treasurer is authorized to deposit or cause
to be deposited all funds of the City in any of the following
listed banks or savings and loan associations:
(1) BANK OF VIRGINIA;
BANK OF VIRGINIA - EASTERN;
FIRST AND MERCHANTS NATIONAL BANK OF TIDEWATER;
FIRST AND MERCHANTS NATIONAL BANK;
FIRST NATIONAL BANK OF TIDEWATER;
FIRST VIRGINIA BANK OF TIDEWATER,,
FIDELITY AMERICAN BANK OF VIRGINIA BEACH;
SOUTHERN BANK AND TRUST COMPANY;
UNITED VIRGINIA BANK/STATE PLANTERS;
0 6/16/80
- 1 9 -
UNITED VIRGINIA BANK/SEABOARD NATIONAL:
VIRGINIA NATIONAL BANK;
BANK OF VIRGINIA BEACH;
BANK OF THE COMMONWEALTH;
2 FI RST AMERICAN SAVI NGS AliD LOAN ASSO CIATION
VIRGINIA BEACH FEDERAL SAVINGS AND LOAN
ASSOCIATION;
LIFE FEDERAL SAVINGS AND LOAN ASSOCIATION;
MUTUAL FEDERAL SAVINGS AND LOAN ASSOCIATION;
ATLANTIC PERMANENT SAVINGS AND LOAN ASSOCIATION;
SEABOARD SAVINGS AND LOAN ASSOCIATION;
CHESAPEAKE SAVINGS AND LOAN ASSOCIATION;
HOME FEDERAL SAVINGS AND LOAN ASSOCIATION;
FIRST FEDERAL SAVINGS AND LOAN ASSOCIATION;
VIRGINIA FEDERAL SAVINGS AND LOAN ASSOCIATION;
CITIZENS TRUST BANK.
This Ordinance shall be effective upon date of adoption.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the Sixteenth day of June, 1980.
Upon motion by Councilman Ferrell, seconded by Councilman Payne,
City Council voted to APPROVE the Ordinance to amend and reordain
Section 2-121 of the Code of the City of Virginia Beach, Virginia,
relating to banks and savings and loan associations in which
deposits are authorized.
Voting: 11 - 0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, George R. Ferrell,
Barbara M. Henley, Clarence A. Holland, Vice
Mayor J. Henry McCoy, Jr., Donald W. Merrick,
Meyera E. Oberndorf, J. Curtis Payne, Roger L.
Riggs, and Mayor Patrick L. Standing
06/16/80
2 0 -
Council Members Voting Nay:
None
Council Members Absent:
None
(ITEM II-G.3) ITEM #15244
Upon motion by Councilman Ferrell, seconded by Councilman Payne,
City Council voted to APPROVE the Bingo permit request for
Chesapeake Bay Skating Club.
Voti ng : 1 1 - 0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, George R. Ferrell,
Barbara M. Henley, Clarence A. Holland, Vice
Mayor J. Henry McCoy, Jr., Donald W. Merrick,
Meyera E. Oberndorf, J. Curtis Payne, Roger L.
Riggs, and Mayor Patrick-L. Standing
Council Members Voting Nay:
None
Council Members Absent:
None
06/16/80
- 2 1 -
P L A N N I N G A G E N D A
(ITEM II-H.I.a) ITEM #15245
Mr. Douglas Talbot, Talbot Associates, appeared in behalf of
the applicant.
Attorney Grover C. Wright appeared in favor
Attorney H. Calvin Spain appeared in favor
The following appeared in opposition:
Mr. Richard J. Webbon, representing the Council of
Civic Organizations
Mr. Irv Douglas, Kings Point Civic League
Mrs. Helen Paul
Mr. Dwight P. Jones, Salem Civic League
Mr. Art Riddell, representing the Council of Civic
Organizations and the Salem Civic League
Upon motion by Councilman Payne, seconded by Vice Mayor McCoy,
City Co unci 1 voted to uphol d the recommenda tion of the Pl an nin g
Commission and DENY the applications of R. G. MOORE for Changes
of Zoning District Classification, as per the following:
Ordinance upon application of R. G. Moore for a
Change of Zoning District Classification from
AG-1 Agricultural District to PD-H Planned
Development-Housing District on certain property
located on the West side of Landstown Road
beginning at a point 1150 feet more or less South-
west of the intersection of Landstown Road and
Princess Anne Road, runni-ng a distance of 350 feet
in a Westerly direction, running a distance of 3000
feet more or less in a Southwesterly direction,
running a distance of 373.06 feet in a Southerly
direction, running a distance of 344 feet in a Westerly
direction, running a distance of 789.73 feet in a
Westerly direction, running a distance of 388.92 feet
in a Southerly direction, running a distance of 559.71
feet in an Easterly direction, running a distance of
607 feet in a Southerly direction, running a distance
of 1088 feet in a Southeasterly direction, running a
distance of 793.95 feet in a Northerly direction,
running a distance of 1950 feet more or less in a
Northeasterly direction, running a distance of 880
feet more or less in a Northwesterly direction, running
a distance of 1100 feet in a Northeasterly direction,
running a distance of 330 feet in a Northwesterly
direction and running a distance of 2200 feet more or
less in a Northeasterly direction. Said parcel contains
208 acres more or less. KEMPSVILLE AND PRINCESS ANNE
BOROUGHS.
06/16/80
- 2 2 -
Ordinance upon application of R. G. Moore for a
Chan ge of Zoni ng Di strict Cl ass if i cation from
R-8 Residential District to PD-H Planned Develop-
ment-Housing District on certain property located
350 feet more or 1 ess West of Landstown Road
beginning at a point 1150 feet more or less South-
west of the intersection of Landstown Road and
Princess Anne Road, running a distance of 1450
feet more or less in a Westerly direction, running
a distance of 820 feet more or less in a South-
westerly direction and running a distance of 2100
feet more or 1 ess in a Northeasterly di rection .
Said parcel contains 9 acres more or less. PRINCESS
ANNE BOROUGH.
Ordinance upon appl ication of R. G. Moore for a
Change o Zoning District Classification from
AG-1 Agricultural District to A-2 Apartment
District on certain property located on the West
side of Landstown Road beginning at a point 1150
feet Southwest of the intersection of Landstown
Road and Princess Anne Road , running a distance of
1 799. 72 feet along the West side of Landstown Road,
running a distance of 1250 feet along the Southern
property line, running a distance of 330 feet in a
Northwesterly direction and running a distance of
2200 feet more or less in a Northeasterly direction.
Said parcel contains 30 acres. PRINCESS ANNE BOROUGH.
Ordinance upon appl ication of R. G. Moore for a
Change of loning lstrict Classification from
AG-1 Agri cultural Dis trict to R-9 Residential
Townhouse District on certain property located
on the West side of Landstown Road beginning at
a point 2949 feet more or less South of the inter-
section of Landstown Road and Princess Anne Road,
running a distance of 1455.86 feet along the West
side of Landstown Road, running a distance of 2090
feet along the Southern p.roperty line, running a
distance of 880 feet in a Northwesterly direction,
running a distance of 11 00 feet in a Northwesterly
direction and running a distance of 1250 feet along
the Northern property li ne. Said parcel contains
65 acres. PRINCESS ANNE BOROUGH.
Voting: I 0 - 0
06/1 6/80
- 2 3 -
Council Members Voting Aye: (for denial)
John A. Baum, George R. Ferrell*, Barbara M. Henley,
Clarence A. Holland, Vice Mayor J. Henry McCoy, Jr.,
Donald W. Merrick, Meyera E. Oberndorf, J. Curtis
Payne, Roger L. Riggs, and Mayor Patrick L. Standing
Council Members Voting Nay:
None
Council Members Abstaining:
F. Reid Ervin
Council Members Absent:
None
*Councilman Ferrell voiced a verbal "aye" as he inadvertently
pressed the wrong button.
06/16/80
2 4-
(ITEM II-H.I.b) ITEM #15246
Attorney Ernest Consolvo appeared in behalf of the applicant.
Upon motion by Councilman Merrick, seconded by Councilwoman Henley,
City Council voted to uphold the recommendation of the Planning
Commission and DENY the application of DANIEL H. TEMPLETON for a
Change of Zoning District Classification, as per the following:
Ordinance upon application of Daniel H. Templeton
for a Change of Zoni n q Dis trict Cl ass i fi cation from
A-2 Apartment District to A-4 Apartment District on
certain property located on the North side of Shasta
Court beginning at a point 300 feet North of Daytona
Drive, running a distance of 460.83 feet along the
North s i de of Shas ta Court, runnin g a di s tance of
494.96 feet along the South side of Virginia Beach-
Norfol k Exp ressway, an d runn i ng a di s tance of 302 . 9 3
feet along the Western property line. Said parcel
contains 1.36 acres. LYNNHAVEN BOROUGH.
Vot in g 9 - 2
Council Members Voting Aye: (for denial)
John A. Baum, George R. Ferrell, Barbara M. Henley,
Cl'arence A. Holland, Vice Mayor J. Henry McCoy, Jr.,
Dona l d W . Merrick , Mey era E. Oberndorf , J. Curti s
Payne, and Roger L. Riggs
Council Members Voting Nay:
F. Reid Ervin, and Mayor Patrick L. Standing
Council Members Absent:
None
0 6/1 6/80
2 5 -
(ITEM II-H.I.c) ITEM #15247
Attorney Grover C. Wright, Jr., appeared in behalf of the applicant
The following appeared in opposition:
Mr. Timothy Barrow
Mr. John Gravatt
Mr. Lyl e Wermers
Upon motion by Councilman Merrick, seconded by Councilman Ervin,
City Council voted to uphold the recommendation of the Planning
Commi ss ion and DENY the appl ication of C. S. YODER AND JOHN B.
BAINES for a Change of Zoni ng District Classification, as per
the following:
Ordinance upon application of C. S. Yoder and
John B. Baines for a Change of Zoni ng Di strict
Classification from R-5 Residential District to
0-1 Office District on certain property located
on the North side of First Colonial Road begin-
ning at a point 300 feet more or less West of
Mill Dam Road, running a distance of 2004.73 feet
along the North side of First Colonial Road,
running a distance of 458.43 feet in a North-
easterly di rection and running a dis tance of
2124.58 feet in a Southeasterly direction. Said
parcel contains 11.172 acres. LYNNHAVEN BOROUGH.
Voting: 6 - 5
Council Members Voting Aye: (for denial)
John A. Baum, F. Reid Ervin, Barbara M. Henley,
Donald W. Merrick, Meyera, E. Oberndorf, and
Mayor Patrick L. Standing
Council Members Voting Nay:
George R. Ferrell, Clarence A. Holland, V i c e
Mayor J. Henry McCoy, Jr., J. Curtis Payne,
and Roger L. Riggs
0 6/16/80
2 6 -
Council Members Absent:
None
(ITEM II-H.I.d) ITEM #15248
Attorney Grover C. @tright, Jr., appeared in behalf of the applicant
The Most Reverend Wal te r Sul Ii van
Mrs. Mary Ellen Cox
Mrs. Elizabeth McClane
The following appeared in opposition:
Mr. Kent Mote
Mrs. Donna Bonney
Mr. Harold Johnson
Upon motion by Councilman Merrick, seconded by Councilman r.rvin,
City Council voted to uphold the recommendation of the Planning
Commission and DENY the application of THE SECOND RUSSELL HOUSE,
INC., for a Conditional Use Permit for a home for the aged, as
per the following:
Ordinance upon application of The Second Russell
House, Inc., for a Conditional Use Permit for a
home for the aged (120 units) on certain property
located on the North side of Wolfsnare Road beginning
at a point 503 feet East,of First Colonial Road,
running a distance of 438.90 feet along the North
side of Wolfsnare Road, running a distance of 400.38
feet along the Eastern property line, running a
distance of 438.90 feet along the Northern property
line and running a distance of 400.38 feet along
the Western property line. Said parcel contains
4.1 acres. LYNNHAVEN BOROUGH
Voting: 8- 3
0 6/16/80
- 2 7 -
Council Members Voting Aye: (for denial)
F. Reid Ervin, George R. Ferrell, Barbara M. Henley,
Clarence A. Holland, Vice Mayor J. Henry McCoy, Jr.,
Donald W. Merrick, Meyera E. Oberndorf, Roger L.
Ri ggs
Council Members Voting Nay:
John A. Baum, J. Curtis Payne, and Mayor Patrick
L. Standing
Council Members Absent:
None
(ITEM II-H.I.e) ITEM #15249
COUNCILMAN BAUM LEFT CHAMBERS
COUNCILMAN PAYNE LEFT CHAMBERS
Mr. Skip Campana, Virby Realty, appeared in behalf of the applicant
Upon motion by Councilman Holland, seconded by Councilman Riggs,
City Council voted to uphold the recommendation of the Planning
Commission and APPROVE the application of VIRBY REALTY CORPORATION
for a Conditional Use Permit, as per the following; subject to the
conditions as outlined in the City Manager's letter:
ORDINANCE UPON APPLICATION OF VIRBY R0680321
REALTY COMPANY FOR A CONDITIONAL USE
PERMIT FOR A BULK STORAGE YARD
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA, THAT:
Ordinance upon application of Virby Realty Company
for a Conditional Use Permit for a bulk storage
06/16/80
- 2 8-
yard on ce rtai n proper ty Io ca ted on the East s i de
of Baker Road beginning at a point 430 feet North
of Thurston Avenue, running a distance of 773.64
feet along the East side of Baker Road, running a
distance of 317.74 feet along the Northern property
line, running a di stance of 745.58 feet along the
Eastern property I ine and running a distance of 1
153.13 feet along the Southern property line. Said
parcel contains 4.364 acres. BAYSIDE BOROUGH.
Approval is subject to the following conditions in
conjunction with the intended use of the land:
1. Standard improvements as required by the Site
Plan Ordinance.
2. City water and sewer.
3. No sale or processing of scrap, salvage, second-
hand material will be permitted.
4. A fence or wall not less than six (6) feet in
height shall completely enclose the storage
yard except for the necessary openings for
ingress and egress.
This Ordinance shall be effective on date of adoption.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the Sixteenth day of June, 1980.
Voting: 9 - 0
Council Members Voting Aye:
F. Reid Ervin, George R. Ferrell, Barbara M. Henley,
Clarence A. Holland, Vice Mayor J. Henry McCoy, Jr.,
Donald W. Merrick, Meyera E. Oberndorf*, Roger L.
Riggs, and Mayor Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
John A. Baum, and J. Curtis Payne
*Councilwoman Oberndorf voiced a verbal "aye". -
06/16/80
2 9 -
(ITEM II-H.l.f) ITEM #15250
Attorney Grover C . W right , Jr., app eared in behal f of the appl i cant.
Upon motion by Councilman Riggs, seconded by Councilwoman Oberndorf,
City Council voted to uphold the recommendation of the Planning
Commiss ion and APPROVE the appl i cation of JAMES E. PRO FE RES for a
Conditional Use Permit, as per the following; subject to the conditions
as outlined in the City Manager's letter:
ORDINANCE UPON APPLICATION OF JAMES E. R0680322
PROFERES FOR A CONDITIONAL USE PERMIT
FOR A TEMPORARY PARKING LOT.
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA, THAT:
Ordinance upon application of James E. Proferes for
a Conditional Use Permit for a temporary parking
lot on certain property located on the East side of
Atlantic Avenue beginning at a point 70 feet North
of llth Street, running a distance of 130 feet along
the East side of Atlantic Avenue, running a distance
of 150 feet along the Northern property line, running
a distance of 130 feet along the Eastern property line
and running a distance of 150 feet along the Southern
property line. Said parcel contains .44 acres.
VIRGINIA BEACH BOROUGH.
Approval is subject to the following conditions in
conjunction with the intended use of the land:
1. Approval is for a TWO-YEAR PERIOD.
2. Conformance with temporary parking lot
cri teri a .
This Ordinance shall be effective on date of adoption.
Adopted by the Council of the City of Virginia Beach,
Virginia, Virginia, on the Sixteenth day of June, 1980.
Voting: 9 - 0
0 6/16/80
- 30 -
Council Members Voting Aye:
F. Reid Ervin, George R. Ferrell, Barbara M. Henley,
Clarence A. Holland, Vice Mayor J. Henry McCoy, Jr.,
Donald 14. Merrick, Meyera E. Oberndorf, Roger L.
Riggs, and Mayor Pa tri ck L . S tan di ng
Council Members Voting Nay:
None
Council Members Absent:
John A. Baum, and J. Curtis Payne
06/16/80
3 1 -
(ITEM II-H.2.a) ITEM #15251
Upon motion by Councilman Holland, seconded by Vice Mayor McCoy, City
Council voted to APPROVE the Master Street and Highway Plan; and, to
i ncl u de the f ol lowin g MO DI FI CATION ( Number One) in the City Manager's
1 etter:
RETAIN THE PROPOSED BAKER ROAD EXTENDED
AND ADD AN ADDITIONAL 66-FOOT RIGHT-OF-
WAY WHICH WOULD EXTEND FROM DIAMO-ID
SPRINGS ROAD ON THE NORTH TO A T-INTER-
SECTION WITH BAKER ROAD EXTENDED ON THE
SOUTH .
COUNCILMAN RIGGS LEFT CHAMBERS
Voting: 8- 0
Council Members Voting Aye:
F. Reid Ervin, George R. Ferrell, Barbara M. lienley,
Clarence A. Holland, Vice Mayor J. Henry McCoy, Jr.,
Donald W. Merrick, Meyera E. Oberndorf, Mayor Patrick
L. Standing
Council Members Voting Nay:
None
Council Members Absent:
John A. Baum, J. Curtis Payne, and Roger L.
Ri ggs
06/16/80
3 2 -
(ITEM II-H.2.a.a) ITEM #15251(a)
Upon motion by Vice Mayor McCoy, seconded by Councilman Merrick,
City Council voted to ADOPT the Master Street and Highway Plan
wi th the fol lowin g MO DI FI CATION and ADDITION:
RETAIN THE PROPOSED BAKER ROAD EXTENDED
AND ADD AN ADDITIONAL 66-FOOT RIGHT-OF-
WAY WHICH WOULD EXTE@ID FROM DIAMOND
SPRINGS ROAD ON THE NORTH TO A T-INTER-
SECTION WITH BAKER ROAD EXTENDED ON THE
'-zOUTH.
RETAIN A GRADE-SEPARATED INTERCHAIIGE AT THE
INTERSECTION OF HOLLAND ROAD AND INDEPENDENCE
BOULEVARD (FLY OVER)
Voting: 8- 0
Council Members Voting Aye:
F. Reid Ervin, George R. Ferrell, Barbara M. Henley,
Clarence A. Holland, Vice Mayor J. Henry McCoy, Jr.,
Donald W. Merrick, Meyera E. Oberndorf, and tlayor
Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
John A. Baum, J. Curtis Payne, and Roger L.
Ri ggs
0 6/16/80
3 3 -
AN ORDINANCE TO AMEND THE MASTER
STREET AND HIGHWAY PLA.N DATED
DECEMBER 16, 1974.
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That the Master Street and Highway Plan dated December 16,
1974, is hereby amended as follows:
1 . Widen Wesl eyan Drive to a 1 1 0- foot ri gh t- of-way
be twee n the City of Norf ol k bounda ry a nd B a k er
Road.
2. Delete the interchange at Diamond Springs Road
and Wesleyan Drive.
3. RETAIN THE PROPOSED BAKER ROAD EXTENDED AND ADD
AN ADDITIONAL 66-FOOT RIGHT-OF-WAY WHICH WOULD
EXTEND FROM DIAMOND SPRINGS ROAD ON THE NORTH
TO A T-INTERSECTION WITH BAKER ROAD EXTENDED ON
THE SOUTH.
4. Widen Dam Neck Road from a 90-foot right-of-way
to a 110-foot right-of-@qay from General Booth
Boulevard to Holland Road.
S. Widen North Landstown from a 90-foot right-of-way
to a 1 1 0- foot ri ght-of -way from Ferrell Parkway
to Holland Road.
6 . Real i gn the I 1 0- foot wide section of Genera l Booth
Boul evard from Dam Neck Road to Fe r re II Pa rkway to
following the existing alignment of Oceana Boulevard.
7. Realign the intersection of Oceana Boulevard and
Princess Anne Road at Nimmo Church.
8 . Reduce Princess Anne Road, South of Nimmo Church to
Indian River Road from a 110-foot right-of-way to a
90-foot right-of-way.
9. Delete the Indian River Road connector to Princess
Anne Road.
10. Delete Seaboard Road South of Princess Anne Road.
1 1 . Reduce West Neck Road to a 66-foot right-of-way
from London Bridge Road to Princess Anne Road.
1 2 . Reduce North Landing Road to a 66-foot right-of-way
from Salem Road to Princess Anne Road.
1 3 . Reduce Salem Road to a 66-foot right-of-way South of
Landstown Road.
1 4 . Add three quadrants of the Hilltop Loop (not including
the Northeast quadrant) as a 60-foot right-of-way.
06/16/80
3 4 -
1 5 ReaIi gn First Colon i al Road from Virgin i a B each
Boulevard to Oceana Boulevard and realign Southern
Boulevard to the South side of the adjacent rail-
road right-of-way from Airstation Drive to Pacific
Avenue.
1 6 . Realign Ferrell Parkway from Salem Road to
Independence Boulevard.
17. Widen Lynnhaven Parkway from a 90-foot right-of-way
to a 110-foot right-of-way from Potters Road to
Holland Road.
1 8 . RETAIN A GRADE-SEPARATED INTERCHANGE AT THE INTERSECTION
OF HOLLAND ROAD AND INDEPENDENCE BOULEVARD.
1 9 . Add SHipps Corner Road from Holland Road to London
Bridge Road as a 66-foot right-of-way and realign
at the intersection with London Bridge Road.
20. Reduce Blackwater Road from a 90-foot right-of-way
to a 66-foot right-of-way.
2 1 . Reduce Pungo Ferry Road from a 110-foot right-of-way
to a 66-foot right-of-way.
22. Change the proposed intersection of West Neck Road
and Princess Anne Road to follow the existing
alignment of West Neck Road.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the Sixteenth day of June, 1980.
06/16/80
- 35 -
S E C 0 N D R E A D I N G S
THE FOLLOWING SECOND READINGS WERE VOTED ON AS ONE ITEM.
(ITEM II-I.a.1) ITEM #15252
COUNCILMAN RIGGS RETURNED TO CHAMBERS
Ilpon motion by Councilman Ferrell, seconded by Councilman Holland,
City Council voted to APPROVE ON SFCOND READING the Ordinance to
appropriate additional funds for the Community Mental Health
Rehabilitation Unit in the amount of $6,000.
Voting: 9 - 0
Council Members Voting Aye:
F. Reid Ervin, George R. Ferrell, Barbara M. Henley,
Clarence A. Holland, Vice Mayor J. Henry McCoy, Jr.,*
Donald W. Merrick, Meyera E. Oberndorf, Roger L. Riggs
and Mayor Patrick L. Standing
Counci 1 Members Voting Nay:
None
Council Members Absent:
John A. Baum, and J. Curtis Payne
*VICE MAYOR MCCOY VOICED A VERBAL "AYE". -
06/16/80
- 3 6 -
Requested by: City Manager
AN ORDINANCE TO APPROPRIATE
ADDIT'IONAL FUNDS FOR THE
@= MENTAL HEALTH
RMMILI=CN UNIT
on March 17, 1980, City Council appropriated $29,740
for the ty Mental @lth Rehabilitation Unit to be f@d by the
State De t of @tal Health and @ntal Retardation and
, the SDMH/MR will provide additional funds in the amount
of $6,000 for this purpose.
NOK, RE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINTA BEACH:
That the City @ager is hereby authorized to accept the additional
gr,ant for the city, and funds are hereby appropriated in the @t of $6,000
for the ty MEntal Health Rehabilitation Unit.
BE IT FURTHM ORDAINED that the apprcpriations be financed by
$6,000 Est@ted Revenue fran the @/MR.
FIRST READING: 9 June 1980
SECC)ND READIM: 16 June 1980
Adopted by the Council of the City of Virginia Beach on the S i x t e e n t h
day of June -, 1980.
This ordinance shall be effective from date of adoption.
APPROVED AS TO CO!4TENT
0 0
06/16/80
3 7 -
(ITEM II-I.l.a.2) ITEM, #15253
Upon motion by Counci 1 man Ferrel 1 , secon de d by Council man Ho IIan d
City Council voted to APPROVE ON SECOND READING the Ordinance to
appropriate funds in the amount of $355,000 to the Department of
Public Works for expenditures over the Budget (snow removal).
Voting: 9 - 0
Council Members Voting Aye:
F. Reid Ervin, George R. Ferrell, Barbara M. Henley,
Clarence A. Holland, Vice Mayor J. Henry McCoy, Jr.,*
Donald W. Merrick, Meyera E. Oberndorf, Roger L.
Riggs, and Mayor Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
John A. Baum, and J. Curtis Payne
*VICE MAYOR MCCOY VOICED A VERBAL "AYE".
06/16/80
3 8-
AN ORDINANCE TO APPROPRIATE FUNDS OF
$355,000 TO THE DEPARTMENT OF PUBLIC
WORKS FOR EXPENDITURES OVER BUDGET
WHEREAS, the Department of Public Works, division of Highways
anticipates that its expenditures will exceed its approved FY 1980
budget, and
WHEREAS, this overrun is due mainly from this year's snow
removal costs, and
WHERF-AS, the total overrun is estimated to be $355,000,
NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH that funds of $355,000 be appropriated from the
General Fund Balance to the Department of Public Works divisbn
of Highways in order to cover the division's FY 1980 expenditures.
Adopted by the Council of the City of Virginia Beach, Virginia
on the 16 day of June 19 80
First Reading: 9 June 1980
Second Reading: 16 June 1980
06/16/80
- 3 9 -
(ITEM II-I.I.a.3) ITEM #15254
Upon mo tion by Co un ci I man Ferrel 1 , seconded by Co unci 1 man Ho l I and,
City-Council voted to APPROVE ON SECOND READING the Ordinance
imposing and levying a Bank Franchise Tax for the calendar year
beginning January 1, 1980 and ending December 31, 1980, and for
ea ch ca l en da r year th ereafter, un l ess o th erwi se ch ange d by the
Council, upon the net capital of every bank located in the City
of Virginia Beach and upon every bank whose principal office is
located outside the City of Virginia Beach and which is located in
the City of Virginia Beach a branch or branches thereof, providing
for certain definitions and reports and the assessment, collection
and payment of such tax, and prescribing penalties for its violation,
and repealing Ordinance Number 22 and Ordinance Number 914 providing
for the taxation of bank stock dated January 1, 1963 and January 1,
1979, respectively.
Voting: 9 - 0
Council Members Voting Aye:
F. Reid Ervin, George R. Ferrell, Barbarb M. Henley,
Clarence A. Holland, Vice Mayor J. Henry McCoy, Jr.,*
Donald W. Merrick, Meyera E. Oberndorf, Roger L.
Riggs, and Mayor Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
John A. Baum, and J. Curtis Payne
*VICE MAYOR MCCOY VOICED A VERBAL "AYE".
0 6/16/80
Reque.ifed by Finance Department -40-
AN ORDINANCE IMPOSING AND LEVYING A BANK FRANCHISE TAX FOR THE
CALENDAR YEAR BEGINNING JANUARY 1, 1980 AND ENDING DECEMBER 31,
1980, AND FOR EACH CALENDAR YEAR THEREAFTER, UNLESS OTHERWISE
CHANGED BY THE COUNCIL, UPON THE NET CAPITAL OF EVERY BANK
LOCATED IN THE CITY OF VIRGINIA BEACH AND UPON EVERY BANK WHOSE
PRINCIPAL OFFICE IS LOCATED O(JTSIDE THE CITY OF VIRGINIA BEACH
AND WHICH IS LOCATED IN THE CITY OF VIRGINIA BEACH A BRANCH OR
BRANCHES THEREOF, PROVIDING FOR CERTAIN DEFINITIONS AND REPORTS
AND THE ASSESSMENT, COLLECTION AND PAYMENT OF SUCH TAX, AND
PRESCRIBING PENALTIES FOR ITS VIOLATION, AMD REPEALING ORDIMNCE
NO. 22 AND ORDINANCE NO. 914 PROVIDING FOR THE TAXATION OF BANK
STOCK DATED JANUARY 1, 1963 AND JANUARY 1, 1979, RESPECTIVELY.
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That Ordinance No. 22, adopted June 1, 1963 and Ordinance No. 914 adopted
January 1, 1979 providing for the taxation of bank stock are hereby repealed and
that Division 3. Tax on Bank Stock underarticle IV. PARTICULAR TAXES, of the Code of
the City of Virginia Beach is amended and reordained as follows:
DIVISION 3. TAX ON NET CAPITAL OF BANKS
Section 33-40. Levy of tax upon net capital of banks.
That pursuant to the provisions of Chapter 10.01 of Title 58 of the Code of
Virginia, 1950, as amended,there is hereby levied and imposed for the calendar year
beginning January 1, 1980 and ending Decernber 31, 1980, and for each and every
calendar year thereafter, unless otherwise changed by the Council, upon each bank
located within the City of Virginia Beach, a tax on net capital equaling eighty
percent of the State rate of the franchise tax set forth in Section 58-485.06 of
the Code of Virginia, 1950, as amended.
There is also levied and imposed in the same manner and at the same rate a tax
on capital of any bank located within the boundaries of the City of Virginia Beach
which is not the principal office, but is a branch extension or affiliation of the
principal office, the tax upon such branch shall be apportioned as provided by
Section 58-485.012 of the Code of Virginia, 1950, as amended.
Section 33-41. Definition of "bank" and "net capital."
That for the purposes of this ordinance, the following words shall have the
meanings ascribed to them bv this section:
a. Bank. Shall be defined as in Section 58-485.01 of the
Code of Virginia.
b. Net Capital. Shall mean a bank's net capital cornputed
pursuant to Section 58-485.07 of the Code of Virginia.
06/16/80
41 -
Section 33-42. Filina of bank's return and schedules.
That on or after the first day of Januany of each year, but not later than
March 1 of any such year, all banks whose principal offices are located within
the City of Virginia Beach shall prepare and file with the Comissioner of the
Revenue areturn@,as provided by Section 58-485.013 of the Code of Virginia, in
duplicate which shall set forth the tax on net capital coml)uted pursuant to
Chapter 10.01 of Title 58 of the Code of Virginia. The Commissioner of the Revenue
shall certify a copy of such filing of the bank's return and schedules and shall
forthwith transmit such certified copy to the State Departnent of Taxation.
In the event that the principal office of a bank is located outside the City
of Virginia Beach and such bank has branch offices located within this City, in
addition to the filing requirements set forth above, any bank conducting such
branch business shall file with the Commissioner of the Revenue a copy of the
real estate deduction schedule, apportionment and other items which are required
by Sections 58-485.012, 58-485.013 and 58-485.014 of the Code of Virqinia.
Each bank, on or before the first day of JurL- of each year, shall pay into
the Treasurer's Office of the City all taxes imposed pursuant to this ordinance.
Section 33-43. Failure or neglect of bank to cotnply with division.
That any bank which shall fail or neglect to cornply with any provision of this
ordinance shall be fined not less than one hundred nor more than five hundred dollars,
which fine shall be recovered upon motion, after five days' notice in the Circuit Court
of the City. The motion shall be in the name of the City and shall be presented by
the City Attorney.
That the provisions of this ordinance shall be effective on January 1, 1980,
upon the adoption of this ordinance.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
1 6 day of June , 1980.
FIRST READING: 9 June 1980 APP@-D AVb
SECOND READING: 16 June 1980@
I)Ei'Al@TP@,rNT
5 m
DSH:kg
4/30/80 SiGNArL RE
CITY ATTORNEY
06/16/80
- 42 -
F I R S T R E A D I N G S
(ITEM II-I.l.b.1) ITEM #15255
ORDINANCE TO APPROPRIATE FUNDS Il
THE AMOUNT OF $55,000 TO EXTEND A
SPECIALIZED MENTAL HEALTH GRANT
FOR EMOTIONALLY HA-NDICAPPED STUDENTS.
WHEREAS, City Council approved a Grant on December 10,
1979, for the Department of Mental Health and Mental Retardation
(DMH/MR) to provide specialized mental health clinical treatment
and support services in the City's Public School Special Education
Program for emotionally handicapped students; and,
WHEREAS, the State DMH/MR has awarded a Grant in the
amount of $50,000 and the receipt of direct student fees is
estimated at $5,000, for the extension of the above program.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE
CITY OF VIRGINIA BEACH, VIRGINIA:
That the City Manager is hereby authorized to accept the
Grant and collect the fees for the City, and funds are hereby
appropriated in the amount of $55,000 to the DMH/MR for the above
specialized mental health program; and,
BE IT FURTHER ORDAINED that the appropriations will be
financed by $55,000 Estimated Revenues from the State DMH/MR; and,
BE IT FURTHER ORDAINED that five personnel positions are
hereby authorized for the duration of the Grant, to be paid from the
Grant, with the employee classes to be determined by the City Manager.
FIRST READING: 16 June 1980
SECOND READING:
Adopted by the Council of the City of Virginia Beach,
Virginia, on the day of 1 9 80 .
0 6/1 6/80
4 3-
Upon motion by Councilwoman Oberndorf, seconded by Vice Mayor McCoy,
City Council voted to APPROVE ON FIRST READING the Ordinance to
approp riate funds in the amo un t of $55 000 to extend a s peci al i zed
Mental Health Grant for emotionally handicapped students.
Voting: 9- 0
Council Members Voting Aye:
F. Reid Ervin, George R. Ferrell, Barbara M. Henley,
Clarence A. Holland, Vice Mayor J. Henry McCoy, Jr.,
Donald W. Merrick, Meyera E. Oberndorf, Roger L.
Riggs, and Mayor Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
John A. Baum, and J. Curtis Payne
06/16/80
- 44 -
(ITEM II-I.l.b.2) ITEM #15256
ORDINANCE TO APPROPRIATE FUNDS IN
THE AMOUNT OF $432,000 FOR THE
TIDEWATER VIRGINIA ALCOHOL SAFETY
ACTION PROGRAM (TVASAP)
WHEREAS, City Coun ci 1 appro ve d the estab l ishment of the
TVASAP pursuant to 18.2-271.1(d), Code of Virginia, as amended, for
the City; and,
WHEREAS, the City Council approved an interim budget for
the TVASAP on April 28, 1980; and,
WHEREAS, the TVASAP is designed to reduce alcohol related
crash es, i nju ri es, and fatalities on local highways.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA:
That the City Manager is authorized to continue the TVASAP;
and,
The City Manager is authorized to accept any gifts or
bequests of money or property, and any Grant, loan, service, payment
or property from any source, including the Federal Government, for the
purpose of driver alcohol education; and,
The City Manager is further directed to deposit in a
separate fund any such gifts, bequests, Grants, loans or payments
in accordance with 18.1-271.1(al), Code of Virginia, as amended.
BE IT FURTHER ORDAINED that the appropriations will be
financed by $432,000 Estimated Revenue from fees in accordance with
18.1-271.1 (al), Code of Virginia, as amended; and,
BE IT FURTHER ORDAINED that twelve personnel positions are
hereby authorized with the employee classes to be determined by the
City Manager.
FIRST READING: 16 June 1980
SECOND READING:
Adopted by the Council of the City of Virginia Beach,
Virginia, on the day of 1 9 80 .
0 6/16/80
- 4 5 -
Upon motion by Councilwoman Oberndorf, seconded by Vice Mayor McCoy,
City Council voted to APPROVE ON FIRST READING the Ordinance to
appropriate funds in the amount of $432 000 for the Tidewater
Virginia Alcohol Safety Action Program (TVASAP).
Voting: 9 - 0
Council Members Voting Aye:
F. Reid Ervin, George R. Ferrell, Barbara M. Henley,
Clarence A. Holland, Vice Mayor J. Henry McCoy, Jr.,
Donald W. Merrick, Meyera E. Oberndorf, Roger L.
Riggs, and Mayor Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
John A. Baum, and J. Curtis Payne
06/16/80
4 6 -
B I D S
@(ITEM II-I.l.c.1) ITEM #1 52 57
The following bids have been received for the Lake Pembroke Spillway
Replacement (2-825):
Prepakt Concrete Company $ 52,727.00
Century Concrete Services, Inc. $ 71,780.00
Su@urban Grading and Utilities $ 96,824.00
Thomas J. Crook, Contractor $103,324.00
Consultant's Estimate $105,000.00
Upon motion by Vice Mayor McCoy, seconded by Councilman Holland,
City Co unci 1 voted to uphol d the recommen dation of the Ci ty
Manager and APPROVE the low bid of Prepakt Concrete Company, in
the amount of $52,727.00 for the Lake Pembroke Spillway Replacement;
AND, authorize the City Manager to enter into the necessary
ag re emen ts for the i mpl ementation of th is projec t .
Voting: 9 - 0
Council Members Voting Aye:
F. Reid Ervin, George R. Ferrell, Barbara M. Henley,
Clarence A. Holland, Vice Mayor J. Henry McCoy, Jr.,
Donald W. Merrick, Meyera E. Oberndorf, Roger L.
Riggs, and Mayor Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
John A. Baum, and J. Curtis Payne
06/1 6/80
4 7 -
(ITEM II-I.I.c.2) ITEM #15258
The following bids have been received for the Gardenwood Park Sanitary
Sewer Facilities, Contract 1: L
Utility Builders, Incorporated $379,246.00
Suburban Grading and Utilities
Incorporated $381,385.46
Inner View, Limited $395,863.80
A & W Contractors, Incorporated $409,970.39
Carter-Bell Corporation $419,938.00
Oliver Septic Tank and Swimming
Pool Corporation $453,034.59
Floyd B. Smith Contracting
Company, Incorporated $479,787.00
Vico Construction Corporation $485,707.00
Basic Construction Company $489,739.00
Engineer's Estimate $480,000.00
The following bids have been received for the Gardenwood Park Sanitary
Sewer Facilities, Contract II:
Van de Riet Construction
Company, Incorporated $ 72,815.00
Crowder Contracting Company,
Incorporated $ 79,300.00
Luke Construction Company,
Incorporated $ 95,625.00
Gavco Corporation $115,400.00
Engineer's Estimate $ 85,000.00
Upon motion by Councilman Holland, seconded by Mayor Standing, City
Council voted to uphold the recommendation of the City Manager and
APPROVE the following low bids for the Gardenwood Park Sanitary Sewer
Facilities:
Contract I Utility Builders, Incorporated, in
the amount of $379,246.00
Contract II Van de Riet Construction Company
Incorporated, in the amount of
$ 7 2 , 81 5 . 0 0
06/16/80
- 48-
City Council further authorized the City Manager to enter into the
necessa ry agreemen ts for the i mpl ementation of th is project
Voting: 9- 0
Council Members Voting Aye:
F. Reid Ervin, George R. Ferrell, Barbara M. Henley,
Clarence A. Holland, Vice Mayor J. Henry McCov, Jr.,
Donald W. Merrick, Meyera E. Oberndorf, Roger L.
Riggs, and Mayor Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
John A. Baum, and J. Curtis Payne
06/16/80
- 49 -
A P P 0 I N T M E N T S
(ITEM II-J.1) ITEM #15259
Upon motion by Councilwoman Oberndorf, seconded by Councilman Holland,
City Coun ci 1 voted to REAPPOINT the fol lowin g to the ARTS AND HUMAN I TIES
COMMI SS ION for two year terms beg i nnin g Jul y I , 1 980 an d en ding June 30 ,
1 9 82
Mr. Stafford Balderson
Mr. A. Lee Lively
Mrs. Helen Sarrett
City Council further voted to APPOINT the following to the ARTS AND
HUMANITIES COMMISSION for two year terms beginning July 1, 1980 and
ending June 30, 1982:
Mr. Robert M. Burchette
Mr. Lawrence L. Mednick
Mr. Thomas A. Felton, Jr.
Voting: 9 - 0
Council Members Voting Aye:
F. Reid Ervin, George R. Ferrell, Barbara M. Henley,
Clarence A. Holland, Vice Mayor J. Henry McCoy, Jr.,
Donald W. Merrick, Meyera E. Oberndorf, Roger L.
Riggs, and Mayor Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
John A. Baum, and J. Curtis Payne
06/16/80
5 0 -
(ITEM II-J.2) ITEM #15260
Upon motion by Councilman Ferrell, seconded by Councilman Holland,
City Council voted to APPOINT the following to the BICEMTENNIAL
COMMITTEE for two-year terms beginning July I , 1980 and ending
June 30, 1982.
Mr . J . Roy Al ph i n
Mr. Frank I. Adkins
Mrs. Olivia Alfriend
Mrs. Genevieve Galliford
Mr. John M. Hodgson
Mr. Sam Jackson
Mr. Jack Robertson
Mrs. Milton W. Thorpe
Mrs. Rice M. Yovell, Jr.
Vo ti n g9- 0
Council Members voting Aye:
F. Reid Ervin, George R. Ferrell, Barbara M. Henley,
Clarence A. Holland, Vice Mayor J. Henry McCoy, Jr.,
Don al d W . Merri ck , Meyera E . Oberndo rf, Ro ger L .
Riggs, and Mayor Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
John A. Baum, and J. Curtis Payne
06/16/80
ITEM II-J.3) ITEM #15261
Upon motion by Councilwoman Oberndorf, seconded by Councilman Holland,
City Council voted to REAPPOINT Mrs. Mary Russo to the VOLUNTEER
COUNCIL for a term of one year beginning June 1, 1980 and ending
May 31, 1981.
Voting: 9 - 0
Council Members Voting Aye:
F. Reid Ervin George R. Ferrell,* Barbara M. Henley,
Clarence A. Holland, Vice Mayor J. Henry McCoy, Jr.,
Donald W. Merrick, Meyera E. Oberndorf, Roger L.
Riggs, and Mayor Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
John A. Baum, and J. Curtis Payne
*COUNCILMAN FERRELL VOICED A VERBAL "AYE".
06/16/80
5 2 -
(ITEM II-K.1) ITEM #15262
Requested by: Public Utilities
AN ORDINANCE TO AMEND SECTIONS
29-3(B)(2), 29-3(B)(2.1),
29-3(C)(2) and 29-11 OF ORDINANCE
NUMBER 1035 RELATING TO SEWER
CONNECTIONS, FEES, MAINTENANCE AND
LINE FEE EXEMPTIONS.
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That Sections 29-3(B)(2), 29-3(8)(2.1), 29-3(C)(2) and
29-11 of Ordinance Number 1035, adopted by the Council of the City
of Virginia Beach on April 21, 1980, be amended to read as follows:
Section 29-3. Fees generally.
B Property owners' share of system installation, where
connection is made to the public sewer system (line fee):
(2) Motels and hotels, per unit . . . . . . . .$485.00
(2.1) Structures with two or more family
residential units, per unit . . . . . . . .$ 5 6 0 . 0 0
(C) Property owners' share of system installation costs,
where the property owner must construct a sewer or sewers, which
are to become a part of the public sewer system, to provide service
to a specific parcel or parcels, as shall be shown on the approved
construction plans, shall be:
(2) Motels and hotels, per unit . . . . . . . .$ 95.00
06/16/80
5 3 -
Section 29-11. Sewer Line fee exemptions - For certain elderl@
and handicapped persons.
(a) A line fee exemption is provided for certain property
owners who qual i fy under Subs ection ( b ) of th is Sec tion .The
exemption is to be administered by the City Manager or his
authorized delegate, herein referred to as the administrator. The
admi nis trator is hereby aut ho ri zed and empowered to pres cri be, ado pt
and enforce rules and regulations, including the requirement of
answers under oath, as may be reasonably necessary to determine
qualifications for exemption. The administrator may require the
production of certified tax returns and appraisal reports to
establish income and financial worth.
( b Exemptions shall be granted subject to the following
provisions:
(1) Title to the property for which the line fee
exemption is sought must be held or partially held
by the applicant at least one hundred and twenty
(120) days prior to the installation or scheduled@
date of installation, whichever comes first, of
the public sewer system.
( 2 )The owner of the title or partial title must be
sixty-five (65) years of age or older at least one
hundred and twenty (120) days prior to the installation
or scheduled installation date, whichever comes first,
of the public sewer system. If such person is under
sixty-five (65) years of age, he or she shall possess
a certification by the Social Security Administration,
the Veteran's Administration, or the Railroad Retirement
Board, or if such person is not eligible for certification
by any of these agencies, a sworn affidavit by two (2)
medical doctors licensed to practice medicine in the
06/16/80
5 4 -
Commonwealth to the effect that such person is
permanently and totally disabled, as defined in
Subsectior. (g). The affidavit of at least one
( 1 ) of such do c tors sha l 1 be b ased upon a ph ys i cal
of such person by sucli doctor. The affidavit of
one (1) of such doctors may be based upon medical
information contained in the records of the Civil
Service Commission which is relevant to the stand-
ards for determining permanent and total disability
as defined in subsection (g). Such medical affidavits
shall be filed with the administrator at such times
as the applicant files a sewer line fee exemption
affidavit.
(3) The dwelling to be connected to the public sewer
system is the sole dwelling of the applicant claiming
exemption.
(4) That the total combined income during the immediately
preceeding calendar year from all sources of the owners
of the dwelling living therein and of the owner's relatives
living in the dwelling does not exceed eight thousand five
hundred dollars, provided that the first two thousand
dollars of the owner or owners living in the dwelling shall
not be included in such total.
(5) The net combined financial worth of the owner shall
not exceed thirty-five thousand dollars, excluding the
fair market value of the house to be connected to the
public sewer system. Net combined financial worth shall
include the value of all assets, including equitable
interests, of the owner and of the spouse of the owner.
c The persons applying for line fee exemption must file with
the administrator a line fee exemption affidavit, setting forth, in
a manner prescribed by the administrator: the location and value
of the property to be connected to the publ ic sewer system; the
06/16/80
- 5 5-
names of the persons related to the owner and occupying the dwelling.;
their gross combined income and their net combined financial worth.
If such applicant is under sixty-five (65) years of age, medical
certification or affidavits as set forth in Subsection (b)(2) shall.
also be filed with the administrator.
(d) Where the person claiming exemption conforms to the
standards and does not exceed the limitations contained in this
Section, the line fee exemi3tion shall be as shown on the following
schedule:
Total income, all sources Exemption
$ 00.00 - $3,500.00 100%
$3,501.00 - $5,000.00 80%
$5,001.00 - $6,000.00 60%
$6,001.00 - $7,000.00 40%
$7,001.00 - $8,500.00 20%
(e) If within twelve months after the public sewer system
exemption is obtained the applicant's financial position should
change 'so that its effect would be to remove the person holding
the exemption from within the limits and standards of this
section, then the person holding the exemption shall refund the
amount of the exemption to the City.
(f) Any person or persons falsely claiming an exemption or
violating any provision of this Section shall be guilty of a
Class I Misdemeanor.
( g) For purposes o f thi s S ect i,on , a pers on i s perma nen tl y
and totally disabled if he is so certified as required in
S u bparagraph ( b ) ( 2 ) of th i s S ect i on and i s foun d by the
administration to be unable to engage in any substantial gainful
activity by reason of any medically determination physical or
mental i mpai rment o r de formi ty wh i ch can be expected to res ul t i n
death or can be expected to I as t fo r th e du rati o n o f s u ch pers on ' s
1 i f e .
Adopted by the Council of the City of Virginia Beach, Virginia,
on the Sixteenth day of June, 1980.
06/16/80
5 6 -
Upon motion by Councilman Holland, seconded by Councilman Ferrell,
City Council voted to APPROVE the Ordinance to amend Sections
29-3(B)(2), 29-3(B)(2.1), 29-3(C)(2) and 29-11 of Ordinance Number
1 035 re la ting to sewer con n ec tion s , fees , ma i nte nance and 1 i ne fee
exemptions.
Vot i ng 9 - 0
Council Members Voting Aye:
F. Reid Ervin, George R. Ferrell, Barbara M. Henley,
Clarence A.Holland, Vice tlayor J. Henry McCoy, Jr.,
Donald W. Merrick, Meyera E. Oberndorf, Roger L.
Riggs, and Mayor Patrick L. Standing
Council Members Voti:ng Nay:
None
Council Members Absent:
John A. Baum, and J. Curtis Payne
- 5 7 -
A D J 0 U R N M E N T
ITEM #15263
Upon motion by Councilwoman Oberndorf, seconded by Councilman Ervin,
and by UNANIMOUS vote, City Council adjourned at 7:30 p.m.
Diane M. Hickman, Deputy City Clerk
Ru-th Hodges Sgith, City Clerk or Patrick L. Standing
City of Virginia Beach,
Virginia
16 June 1980
h
6/16/80