JUNE 23, 1980 MINUTES
CITY OF VIRGINII BEICI MUNICIPAL CENTER
"(-Wc@L CR.W%T city- VIRGINIA BEACH, VIRGINIA 23456
MAYOR PATRICK L. STANDING, A, L.,g@ CLARENCE A. HOLLAND, M.D., B.y@d@ B.@.gb
VICE MAYOR J. HENRY M,COY JR , D. D.S., K,.p.@ill@ B.,..gh DONALD W, MERRICK, Ly..h.... B.,..gh
JOHN A@ BAUM, B.@.gb MEYERA E. OBERNDORF, At L.,g,
F. REID ERVIN, A, L.,g. J. CURTIS PAYNE, P,i.@.@@ A... B.@.gb
GEORGE R. FERRELL, At L.,g@ ROGER L. RIGGS, Vigi@i. B@.@h B.@.gh
BARBARA M. HENLEY, P-g. B.@.gb RUTH HODGES SMITH, City Cl.,k
CITY COUNCIL AGENDA
1TEM I INFORMAL SESSION: MONDAY, 23 JUNE 1980 - 5:30 p.m-
A. CALL TO ORDER - MAYOR RATRICK L. STANDING
B. ROLL CALL OF COUNCIL
C. MOTION TO RECESS INTO INFORMAL/EXECUTIVE SESSION
D. PRESENTATION/DISCUSSION OF PERTINENT MATTERS:
1. Rosemont Road Water Tower - Agreement with Clark Whitehill
'Eompany: Discussion of proposal to locate tower at Holland
Road Ball Park Site.
2. Charging@Off Uncollectible Accounts: Discussion of item on
-Tormal agenda
3. Peppertree Plaza - Housing for the Elderly: Request for si-
multaneous advertising for Planning Commission and City
Council.
ITEM II FORMAL SESSION: MONDAY, 23 Juile 1980 - 7:00 p.m.
A. INVOCATION: Reverend Robert C. Bradford, Jr.
Pastor
Thalia Trinity Presbyterian Church
B. PLEDGE OF ALLEGIANCE
C. ELECTRONIC ROLL CALL OF COUNCIL
D. MINUTES OF PREVIOUS MEETING:
1. Motion to accept/approve the Minutes of 16 June 1980
ITEM II E. RESOLUTIONS:
1. Resolution authorizing the City Treasurer to charge-off
$15,594.91 as uncollectible accounts and remove this amount
from the city's records.
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 to amend Section 2-37 (b) of the Code of the City of
Virginia Beach, pertaining to demotions.
2. Applications for Certificates of Public Convenience and Neces-
sity for operation of a Public Vehicle in the City of Virginia
Beach:
Bayside Taxi, Incorporated
Coastal Cab and Beach Taxi, Inc.
Diamond Taxi
Yellow Cab Company
3. Resolution authorizing the City Manager to execute an applica-
tion for a permit issued by the Virginia Marine Resources Com-
mission to the City of Virginia Beach to widen and improve the
bridge over London Bridge Creek for the Lynnhaven Parkway Phase
IV Project.
4. Ordinance authorizing the City Manager to execute an a@.reement
conveying a 10 foot right-of-way easement across the property
at the Rose Hall Complex to the Chesapeake and Potomac Telephone
Company of Virginia.
5. Resolution authorizing the City Manager to amend the Community
Development Housing Assistance Plan to conform with the City of
Virginia Beach Land Use Plan (Deferred for one week on June 16,
1980).
a. City Manager recommends indefinite deferral of this amend-
ment.
6. Request of the Commissioner of Revenue for license refunds in the
amount of $2,585.37.
7. Request of the City Treasurer for tax refunds in theanount of
$994.40.
ITEM II F. CONSENT AGENDA (continued)
8. Ordinance to appropriate funds, in the amount of $55,000, on
SECOND READING, to extend a specialized Mental Health Grant
for emotionally handicapped students.
9. Ordinance to appropriate funds, in the amount of $432,000, on
SECOND READING, for the Tidewater Virginia Alcohoi Safety Act-
ion Program (TVASAP).
G. PLANNING ITEMS
1. RECONSIDERATIONS
a. Upon Court order, Application of National Pride Equipment
Company, Inc., for a conditional use permit for a self-
service car wash on a .48 acre parcel located at the south-
east intersection of Brady Court and South Witchduck Road
(Kempsville Borough).
2. DEFERRED ITEMS
a. Deferred for 30 days on April 21, 1980 and for an additional
30 days on May 19, 1980.
Application of Henry A. Shook for a variance to Section 4.4(b)
of the Subdivision Ordinance which requires lot dimensions to
conform to the CZO. He wishes to subdivide a 1.18 acre site,
located at the northwest intersection of Bay Colony Drive and
Hill Road, into two lots.
1. Letter from the City Manager transmitting the recommenda-
tion of the Planning Commissionfor approval.
3. NEW APPLICATIONS
a. Application of CH & B Associates for a variance to Section
4.4.(b) of the Subdivision Ordinance which requires lot dimen-
sions to conform to the CZO. This 1.29 acre site is located
on the north side of Adam Keeling Road, west of Great Neck
Road. This site currently consists of two lots, which if re-
subdivided as proposed, would remain as two lots.
1. Letter from the City Manager transmitting the recommenda-
tion of the Planning Commission for approval.
ITEM II G. PLANNING ITEMS (continued)
3. NEW APPLICATIONS (continued)
b. Application of Robert G. and Jean D. Young for a change of
zoning from R-6 Residential District to 0-1 Office District
on a 2.11 acre parcel located on the south side of Bonney
Road, east of South Witchduck Road (Kempsville Borough).
1. Letter from the City Manager transmitting the recommenda-
tion of the Planning Commission for denial.
c. Application of Shirley A. Buckner and Sterling S. Montgomery
for a change of zoning from R-8 Residential District to B-2
Community Business District on a 10.145 acre parcel located
between Princess Anne Road and Salem Roads, south of Corner
Road (Kempsville Borough).
1. Letter from the City Manager transmitting the recommenda-
tion of the Planning Commission for approval.
d. Application of Gus Riganto, T/A Caesar's, and Make Xystrou,
T/A Honey Bee Pancakes, for a conditional use permit for a
parking lot on a .533 -acre parcel located at the southeast
corner of 24th Street and Atlantic Avenue (Virginia Beach
Borough).
1. Letter from the City Manager transmitting the recommenda-
tion of the Planning Commission for approval.
e. Application of David W. Howell for a conditional use permit
for a home occupation (musical instrument repair) on a .23
acre parcel located on the west side of Lamplight Lane, north
of Ole Towne Lane (Princess Anne Borough).
1. Letter from the City Manager transmitting the recommenda-
tion of the Planning Commission for approval.
f. Application of John A. Bilotta, Jr. and Mariann O'Brien for
a conditional use permit for a home occupation (teaching
ceramics) on a .18 acre parcel located on the west side of
South Plaza Trail, south of Boyd Road (Lynnhaven Borough).
1. Letter from the City Manager transmitting the recommenda-
tion of the Planning Commission for denial.
ITEM II G. PLANNING ITEMS (continued)
4. ORDINANCES
a. Ordinance to amend and reordain Article 1, Section 104
of the CZO pertaining to violations and penalties;
AND, an Ordinance to amend and reordain Section 10.1
of the Subdivision Ordinance pertaining to penalties.
1. Letter from the City Manager transmitting the
recommendation of the Planning Commission for
approval.
b. Ordinance to amend and reordain Article 16 of the CZO
of the City of Virginia Beach by adding the Coastal
Primary Sand Dune Ordinance and by repealing Ordinance
No. 931 known as the Coastline Management Ordinance
effective July 1, 1980.
1. Letter from the City Manager transmitting the
recommendation of the Planning Commission for
approval.
C. Ordinance for the closure of two portions of the
Holland Road Curve (Princess Anne Borough). This
closure consists of several parcels of unimproved
right-of-way totaling .353 acres, located north of
Princess Anne Road.
1. Letter from the City Manager transmitting the
recommendation of the Planning Commission for
approval.
H. ORDINANCES
1. APPROPRIATIONS
a. First Readings
1. Ordinance to provide an additional Correctional
Officer in the Cheriff's Office and to appropriate
$8,784 for this position.
2. Ordinance to accept funds totaling $23,792 from the
Virginia Housing Development Authority and to
appropriate these funds.
3. Ordinance to increase the advance from General Fund
to the Print Shop Internal Service Funds by $25,000.
4. Ordinance to increase appropriations and estimated
revenues in the water and sewer fund by $867,240.
b. Transfer of funds
1. Ordinance to transfer funds of $29,690 for the
purchase of a Disc Scanner and an Interactive
Software Package.
ITEM II H. ORDINANCES
1. APPROPRIATIONS (continued)
C. Bids
1. Low bids for the Green Run-Aragona-Princess
Anne Sanitary Sewer Facilities
Low bid of Crowder Contracting Company, Inc., in
the amount of $148,950.00 for Pump Station
36-A, 74-A 92-A; AND,
Low bid of Luke Construction Company, Inc., in
the amount of $20,000.00 for Pump Station 21-C
and 35-c; AND,
Low bid of Crowder Contracting Company, Inc.,
in the amount of $88,800.00 for Pump Station
39-C; AND,
Low bid of Woodington Electrick Inc., in the
amount of $53,337.00 for Pump Station 19-C
and 29-C; AND,
Low bid of A & W Contractors, Inc., in the
amount of $92,208.70 for the Bow Creek
Force Main; AND,
further authorize the City Manager to accept
the low bidders and to enter into the necessary
agreements for the implementation of these
projects.
2. Low bid of M. E. Wilkins, Inc., in the amount of
$112,997.58, for the Bradford Terrace Sanitary
Sewer Facilities; AND, authorize the City
Manager to enter into the necessary agreements fol
the implementation of this project.
2. CODE AMENDMENTS
a. Ordinance to amend Section 37-33 of the Code of the
City of Virginia Beach, relating to water usage
rates .
b. Ordinance to amend and reordain Chapter 7 of the
Code of the City of Virginia Beach by adding
thereto Article V pertaining to moped rental
businesses;
AND, an Ordinance to amend and reordain Section
29-59.2 of the Code of the City of Virginia Beach
pertaining to insurance required for certain vehicle
rental businesses.
ITEM II H. ORDINANCES (continued)
2. CODE ABIENDMENTS
C. Ordinance to amend and reordain Section 13 of the Ordinance
dated March 15, 1975 reiating to Cable Television Franchise.
I. APPOINTMENTS TO BOARDS AND COMMISSIONS (All terms expire June 30, 1980)
1. Citizens Advisory Committee of Housing and Community Development
2. Mayor's Committee on Aging
3. Minimum Housing Board of Appeals
4. Social Services Board
5. Southeastern Virginia Planning District Commission
J. OLD BUSINESS
K. NEW BUSINESS
L. ADJOURNMENT
1. Motion to adjourn
M I N U T E S
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
23 June 1980
The Re gul ar Meeti ng of the Counci I of the City of Vi rgi n i a Beach,
Virginia, was called to order by Mayor Patrick L. Standing, in the
Con fe re nce Room, in the Admi n is tration Bui 1 di ng , on Monday, 23 June
1980, at five-thirty o'clock in the evening.
Council Members Present:
John A. Saum, F. Reid Ervin, George R. Ferrell,
Barbara M. Henley, Clarence A. Holland, Donald
W. Merrick, J. Curtis Payne, Roger L. Riggs, and
Mayor Patrick L. Standing
Council Members Absent:
Vice Mayor J. Henry McCoy, Jr.*, and Meyera E.
Oberndorf**
ITEM #15264
Mayor Standing entertained a motion to permit Council to conduct
its IN FORMAL SESSION to be fol I owed by an EXE CUTIVE SESSION for
the purpose of discus s 1 ng the fol 1 owi ng :
1. Discussion or consideration of employment,
assignment, appointment, promotion, demotion,
s al ari es, dis ci pl ine or res i gnati on of pub l ic
officers, or employees of any public body.
(Personnel tlattprs).
2 . I nvesti ng of pub l ic fun ds where competi ti on or
bargaining are involved where, if made public
initially, the financial interest of the governing
body would be adversely affected. (Financial Matters).
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 public body.
(Legal Matters).
Upon motion by Councilman Ferrell, seconded by Councilman Holland,
City Co unci I voted to proceed into the EXE CUTIVE SESSION fol low i ng
t h eINFORMAL SESSION.
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6/@
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Vot i ng 9 - 0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, George R. Ferrell,
Barbara M. Henley, Clarence A. Holland, Donald
W. Merrick, J. Curtis Payne, Roger L. Riggs,
and Mayor Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
Vice Mayor J. Henry McCoy, Jr., and Meyera E.
Oberndorf
**COUN C I LWOMAN O BERN DO R F EN TE RED MEETIN G AT 5 :32 p . m .
*VICE MAYOR MCCOY ENTERED MEETING AT 5:33 p.m.
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M A T T E R S B Y C 0 U N C I L M E M B E R S
ITEM #15265
Coun c il man Riggs reques ted i nformat ion f rom the Ci ty Manager regardi ng
t he port rai t of P rincess Anne , p resented to Coun ci 1 by Judge Edw in
Kellam and family.
Councilman Riggs suggested the City Manager consider placing the
portrait of Princess Anne in the new Pavilion, under glass, for
the citizens of Virginia Beach and the visitors who come to this
City each year.
The City Manager advised Council that the painting was extremely
valuable and for that reason was placed in the City Clerk's Office;
h owe ve r , if Coun ci I con curs wi th Counci 1 man Ri ggs ' pro po sa l he wi 1 1
investigate the matter.
I N F 0 R M A L S E S S I 0 N
ITEM #15266
The Ci ty Manager discus s ed wi th Counci I the agreement wi th Cl ark
Whitehill Company with regards to the location of the Rosemont
Road Water Tower.
The City Manager advised Council that after developing the property
Clark-Whitehill Company discovered the City was planning to require
a water tower site near their subdivision. Clark-Whitehill objected
as they felt it would be detrimental to their property.
The City Manager advised them of possible condemnation if a
settlement could not be reached.
A study was requested by Clark-Whitehill, which the City prepared,
on other sites available in the area which could be utilized as an
alternative location. The least expensive site was the Rosemont
Road tank site. The next site available, and hydraulically sound,
was on City-owned property being used as a ballfield. There would
be an increase in cost of approximately $34,000.
The Ci ty Manager advi sed Cl ark -Whi te hi 1 1 Company if they were
willing to pay for the cost of relocating the tower he would
recommend to Council the relocation of the water tower.
The City Manager further advised he will be bringing this matter
to Council at a future date.
Mr. Charles Jeckyll appeared regarding the above matter.
06/23/80
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ITEM #15267
The City Manager advised Co uncil of a Res ol u tion autho ri z i ng the
C i ty Treas urer to charge-o f f $1 5 , 594 . 91 as uncol 1 ectab l e acco un ts
and remove this amount from the City's records.
This matter will be on the FORMAL AGENDA.
ITEM #15268
The Ci ty Manager advi sed Coun ci 1 of the requ es t of Bus ch Devel opment
Corpo ration to h ave an appl i cation s i mu l tan eous I y adver tised for the
Planning Commission and City Council (Peppertree Plaza - Housing for
the Elderly), for hearing by City Council on 14 July 1980.
It was the concensus of Council that this matter NOT be expedited.
ITEM #15269
The City Manager advised Council he was requesting an indefinite
deferral on the Resolution authorizing the City Manager to amend
the Community Development Flousing Assistance Plan to conform with
the City of Virginia Beach Land Use Plan. The matter is being
deferred to permit further study.
ITEM.#15270
The City Manager advi sed Counci I of the State Pu bl ic H ea ring on
Road al 1 ocations attended by Coun ci 1 woman O be rn dor f , Coun ci 1 man
Merri ck , an d h ims el f to re qu es t two ( 2 ) pro j ec ts be pl ace d back
on the "drawing board" (Kempsville Road and Virginia Beach
Boulevard).
City Council recessed into the EXECUTIVE SESSION (6:00 p.m.), for
briefing prior to the FORMAL SESSION in the Council Chambers.
06/2 3/80
5 -
F 0 R M A L S E S S I 0 N
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
23 June 1980
Seven O'Clock in the Evening
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 W. Merrick,
Meyera E. Oberndorf, J. Curtis Payne, Roger L.
Riggs, and Mayor Patrick L. Standing
Council Members Absent:
None
INVOCATION: Reverend Robert C. Bradford, Jr., Pastor, Thalia
Trinity Presbyterian Church.
PLEDGE OF ALLEGIANCE
B I D
(ITEM II-H.I.c.2) ITEM #15271
Mayor Standing advised Council of some concern regarding the bid
of M. E . Wilkins , Inc., in the amount of $112,997.58 , for the
B radfo rd Terra ce Sani tary Sewer Facilities, and indicated the
City Manager has requested this matter be deferred for two (2)
weeks for further examination.
This matter will be voted on under Ordinances.
06/23/80
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M I N U T E S
(ITEM II-D.1) ITEM #15272
Upon motion by Councilman Holland, seconded by Vice Mayor McCoy,
City Council voted to APPROVE, with a CORRECTION, the Minutes of
the Regular Meeting of 16 June 1980:
Page 25 - Item II-H.l.c - Councilman Ervin
voted "aye" on the motion to deny.
Councilman Ferrell voted "nay" on the motion
to deny.
Voting: 11-0
Council Members Voting Aye:
John A . B a um , F . Re i d E rv in, George R . Fe r re l 1 ,
Barbara M. Henley, Clarence A. Holland, Vice
Mayor J. Henry McCoy, Jr., Donald W. Merrick,
Mey era E . Obern do rf , J . Curti s Payne , Ro ger L .
Riggs, and Mayor Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
None
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R E S 0 L U T I 0 N S
(ITEM II-E.1) ITEM #15273
Upon motion by Councilman Holland, seconded by Vice Mayor McCoy,
Ci ty Cou nci 1 voted to ADOPT the fol lowin g Res olution s , and
presented same to:
Councilman George R. Ferrell
Councilman J. Curtis Payne
Councilman Roger L. Riggs
Voti n g 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
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R E S 0 L U T I 0 N
WHEREAS, J. Curtis Payne has served as a member of the
Virginia Beach City Counciz since 1967; and,
WHEREAS, during this term, Mr. Payne served as Mayor of
Virginia Beach from 1974 to 1976; and,
WHEREAS, Mr. Payne has represented his City on a number
of LocaZ and regionaz boards and commissions, currently serving on
the Tidewater Transportation District Commission; and,
WHEREAS, Cauncilman Payne has worked untiringly on
behatf of the City of Virginia Beach,
NOW, THEREFORE, BE -TT RESOLVED that the Virginia Beach
City CounciL recognizes this distinguished record of service and
wishes to pubZicLy thank CounciZman Payne for azz his efforts on
behaLf of the City of Virginia Beach.
Mayor
City of Virginia Beach,
7irginia
Adopted by the CounciZ of the City of Virginia Beach,
7irginia, on the twenty-third day of June, 1980.
06/2 3/80
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B E S 0 L U T I 0 N
WHEREAS, George R. FerreZZ has served as a member of
the Virginia Beach City CounciZ since 1966; and,
@WHEREAS, Mr. FerreZZ served as Vice mayor of Virginia
Beach from 1974-1976; and,
WHEREAS, Mr. FerreZZ served as a member of and chairman
of the Virginia Beach SchooL Board; and,
WHEREAS, Mr. FerreZZ has worked untiringly on behazf
of the City of Virginia Beach; and,
WHEREAS, Mr. FerreZZ, through his past experience and
direct outzook on Life, has become a sage of Council,
NOW, THEREFORE, BE IT RESOLVED that the Virginia Beach
City CounciZ recognizes this distinguished record of service and
wishes to pubZicZy thank CounciZman FerreZZ for aZZ his efforts
on behalf of Virginia Beach and her citizens.
Mayor
City of Yirginia Beach, Virginia
Adopted by the CounciZ of the City of Virginia Beach,
Virginia, on the twenty-third day of 7une, 1980.
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R E S 0 L U T I 0 N
WHEREAS, R. L. "Buddy" Riggs has served as a member of
the Virginia Beach City CounciZ since 1976; and,
WHEREAS, Alr. Riggs served as a member of the Virginia
Beach PZanning Commission from 1970 to 1976; and,
WHEREAS, he has been active in raising funds for the
Cardiac Rescue Team; and,
WHEREAS, Mr. Riggs successfuZZy initiated the "-T LOVE
AMERICA" program and continues to sponsor programs proclaiming this
attitude throughout our City and the surrounding area of Tidewater
Virginia; and,
WHEREAS, CounciZman Riggs has worked untiringzy on behazf
of the City of Virginia Beach,
NOW, THEREFORE, BE -TT RESOLVED that the Virginia Beach
City CounciZ recognizes this distinguished record of service and
wishes to publicly thank CounciZman Riggs for aZZ his efforts on
behaZf of Virginia Beach and her citizens.
Mayor
City of Virginia Beach, Virginia
Adopted by the Council of the City of Virginia Beach,
Virginia, on the twentzj-third day of 7une, 1980.
06/23/80
(ITEM II-E.2) ITEM #15274
RESOLUTION
WHEREAS , it is s tan da rd accoun ti ng pro ce du re to aII ow for
a c harge-of f of uncol 1 ectabl e ac counts ; and ,
WHEREAS, an earnest and diligent effort has been made by
City departments to collect their overdue accounts; and,
WHEREAS, the following accounts which total $15,594.91 are
deemed to be uncollect<lble:
General Services $ 768.75
City Clerk 141.00
Printing & Distribution 11.60
Engineering & Traffic 4 1 1 . 4 3
Risk Management 3,224.12
Planning 52.00
Highway 10,477.71
Pol i ce 95 . 0 0
Refuse Disposal 120.30
Animal Control 2 9 3 . 0 0
Total to be Charged-off $15,594.91
NOW , THEREFORE , BE I T RESOLVED BY TH E CITY COUNCIL OF TH E
CITY OF VIRGINIA BEACH:
That $15,594.91 be charged-off as uncollectable accounts
and removed from the City's records.
This Resolution shall be effective immediately.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the twenty-third day of June, 1980
Voti ng 1 1 - 0
06/23/80
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Upon motion by Vice Mayor fIcCoy, seconded by Councilman Baum, City
Council voted to APPROVE the Resolution authorizing the City Manager
to charge-off $15,594.91 as uncollect@ble accounts and remove this
amount from the City's records.
I
Vot in g I 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*,
Mey era E . Obe rn do rf , J . Curti s Payne , Ro ger L .
Riggs, and Mayor Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
None
*CO UNCIL MAN MERRICK VOI CED A VERB AL @'AYE@' .
06/2 3/80
1 3 -
P R E S E N T A T I 0 N
ITEM #15275
Mayor Standing presented an award to Mr. Giles G. Dodd, Assistant
to the Ci ty Manager for Fi nance an d Resea rch , for f i nanci al repo rti ng
and achievement from the Municipal Finance Office Association.
C 0 N S E N T A G E N D A
(ITEM II-F.1) ITEM #15276
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:
Requested by: Department of Personnel and City Manager
ORDINANCE TO AMEND SECTION 2-37(b)
OF THE CODE OF THE CITY OF VIRGINIA
BEACH, VIRGINIA, PERTAINING TO
DEMOTIONS
BE IT ORDAINED BY THE COU.NCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That Section 2-37(b) of the Code of the City of Virginia
Beach, Virginia, is hereby amended as follows:
Section 2-37. Changes in class.
(b) A demotion shall be a reduction in the pay range of
0 6/23/80
1 4-
a full-time permanent or probational employee in conjunction with a
change in job duties and responsibilities. When an employee is re-
duced to a lower pay range, the step within that new pay range shall
be determined by the Director of Personnel. If the demotion is of a
voluntary nature, made at the request of the employee, then the
anniversary date of eligibility for merit increases shall not be
adjusted, unless the demotion involves assignment to a different
department, division, or bureau; in which case, the appropriate
anniversary date shall be determined by the Director of Personnel
This Ordinance shall be effective upon date of adoption.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the twenty-third day of June, 1980.
Upon motion by Councilwoman Oberndorf, seconded by Councilman Payne,
City Council voted to uphold the recommendation of the City Manager
and APPROVE the Ordinance to amend Section 2-37(b) of the Code of
the City of Virginia Beach, Virginia, pertaining to demotions.
Voting: 11-0
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Council Members Voting Aye:
John A . B a um , F. Re i d Erv in, George R . Ferrel 1
Barbara M. Henley, Clarence A. Holland, Vice
Mayor J. He nry McCoy, Jr. , Do na l d W . Merri ck,
Meyera E. Oberndorf, J. Curtis Payne, Roger L.
Riggs, and Mayor Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
None
0 6/23/80
1 6 -
(ITEM II-F.2) ITEM #15277
Upon,motion by Councilwoman Oberndorf, seconded by Councilman Payne,
City Council voted to uphold the recommendation of the City Manager
and APPROVE the following Certificates of Public Convenience and
Neces s i ty for operation of a pu bl ic ve hi cl e in the Ci ty of Virgin i a
Beach
Currently Authorized Requested Increase
Bayside Taxi, Inc. 1 0 10 0
Coastal Cab and Beach
Taxi , Inc. 1 2 1 2 0
Currently Authorized Requested Recommended
Yellow Cab* 5 5 2
Diamond Cab* 16 1 6 7
AND, further voted to stipulate the folldwing:
*Yellow Cab and Diamond Cab have thirty (30) days
in which seven (7) vehicles must be placed in good
order and repair or the permit to operate them will
be revoked by the Chief of Police.
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,
Melvera E. Oberndorf, J. Curtis Payne, Roger L.
Riggs, and Mayor Patrick L. Standing
06/2 3/80
I
- 1 7 -
Council Members Voting Nay:
None
Council Members Absent:
None
0 6/23/80
-1 8-
(ITEM II-F.3) ITEM #15278
Requested by: Public Works/Engineering
The regular meeting of the Council of the City of
Virginia Beach, Virginia, was held in the Council Chambers of
the Administration Building on the 23 day of June
I 9 8 0 .
On motion by Councilwoman Oberndorf seconded by Councilman
Payne the following Resolution was adopted.
A RESOLUTION AUTHORIZING THE CITY
MANAGER TO EXECUTE AN APPLICATION
FOR PERMIT ISSUED BY THE VIRGINIA
MARINE RESOURCES COMMISSION TO THE
CITY OF VIRGINIA BEACH.
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That the City Manager of the City of Virginia Beach,
Virginia, is hereby authorized to execute an application for a
Permit, a copy of which is attached hereto, authorizing the Virginia
Beach Department of Public Works to widen and improve the bridge over
London Bridge Creek for the Lynnhaven Parkway Phase IV Project.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the -twenty-third. day.of June 1 1980.
Upon motion by Councilwoman Oberndorf, seconded by Councilman Payne,
City Council voted to uphold the recommendation of the City Manager
and APPROVE the Resolution authorizing the City Manager to execute
an application for a permit issued by the Virginia Marine Resources
Commission to the City of Virginia Beach.
Voting: 1 1 - 0
0 6/23/80
-1 9 -
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
06/23/80
2 0 -
(ITEM II-F.4) ITEM #15279
1094 2-D8
Requested by: Economic Development Department
AN ORDINANCE AUTHORIZING THE CITY
MANAGER TO EXECUTE AN AGREEMENT
CONVEYING A 10-FOOT RIGHT-OF-WAY
EASEMENT ACROSS THE PROPERTY AT
THE ROSE HALL COMPLEX TO THE
CHESAPEAKE AND POTOMAC TELEPHONE
COMPANY OF VIRGINIA
WHEREAS, the granting of a 10-foot easement, as shown on
the attached Exhibit A, is necessary to allow the Chesapeake and
Potomac Telephone Company of Virginia to install an underground
telephone cable to serve the Rose Hall Complex; and,
WHEREAS, it is the judgment of the Council of the City
of Virginia Beach that the granting of said right-of-way easement
is in the best interest of the Rose Hall Complex and the citizens
of the City of Virginia Beach.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE
CITY OF VIRGINIA BEACH:
That the City Manager of the City of Virginia Beach,
Virginia, is hereby authorized to execute an agreement between
the Chesapeake and Potomac Telephone Company of Virginia and the
City of Virginia Beach, granting a 10-foot ri ght-of-way easement,
as shown on the attached Exhibit A, to the Chesapeake and Potomac
Telephone Company of Virginia, for the purpose of installing under-
ground cable to serve the Rose Hal I Compl ex.
Adopted by the Council of th'e City of Virginia Beach,
Virginia, on the twenty-third - day of June 1 9 80
Authentic.ted t. be a T,ue Copy of an Of,icial Record of the C;ty
of Virgin,ia Beach, dat d th- -f 1980
Cust.di.n
City Ci;@ of Vi, gii,@a 0,@ach
06/23/80
2 1 -
25.9
Upon motion by Councilwoman Oberndorf, seconded by Councilman Payne,
Ci ty Counci 1 voted to upho l d the recommendati on of the Ci ty Mana ger
and APPROVE the Ordinance authorizing the City Manager to execute an
agreement conveying a 10-foot right-of-way easement across the property
at the Rose Hall complex to the Chesapeake and Potomac Telephone
Company of Virginia.
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 Payhe, Roger L.
Riggs, and Mayor Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
None
...................
06/2 3/80
2 2 -
(ITEM II-F.5) ITEM #15280
Requested by: Housing and Community Development
RESOLUTION AUTHORIZING THE CITY
MANAGER To AMEND THE COMMUNITY
DEVELOPMENT HOUSING ASSISTANCE
PLAN TO CONFORM 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
sho@wn on the attached map; and,
WHEREAS, the added, general locations appear to have at
least one housing site of 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 herein-
above.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA:
That the City Manager is hereby authorized to take the appropri-
ate steps necessary to amend the Community Development Housing Assistance
Plan in accordance with the provisions of this Resolution.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the day of 1 9 80 .
0 6/23/80
2 3 -
Upon motion by Councilwoman Oberndorf, seconded by Councilman Payne,
Ci ty Co unci 1 voted to DE FE R IN DEFIN I TELY the Res olution au t ho ri zi ng
the City Manager to amend the Community Development Housing Assistance
Plan to conform with the City of Virginia Beach Land Use Plan.
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
06/23/80
2 4 -
(ITEM II-F.6) ITEM #15281
Upon motion by Councilwoman Oberndorf, seconded by Councilman Payne,
City Council voted to uphold the recommendation of the City Manager
and APPROVE the Li cens e Refun ds in the amoun t of $2 , 585 . 37
Votin g : I I - 0
Council Members Voting Aye:
John A. Baum, F. Re i d Ervin , Geor ge R. Ferrel 1
Barbara M. Henley, Clarence A. Holland, Vice
l@layor J. Henry McCoy, Jr., Donald W. Merrick,
Mey era E. Oberndorf , J . Curti s Payne , Ro ger L .
Riggs, and Mayor Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
None
06/2 3/80
2 5 -
AN ORDINANCE AUTHORIZING LICENSE REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF THE REVENUE
BE-IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for license refunds, upon certification
of the Commissi6ner of the Revenue are hereby approved:
iliu@N6B DATE
NAME YEAR PAID BASE PENALTY INT. TOTAL
Dixie Manufacturing Co, Inc.1977-79 2,220.74
110 Colley Ave.,P.O. Box 59
Norfolk, Va. 23501
See letter attached explaining erroneous payments.
Computer World, Ltd.
'A Professional Computer Service
.j8 Beverly Place
Va. Beach, Va. 23452 1979 5/30/79 142.75
See Audit Attached
Potpourri Shoppe, Ltd.
2152 Great Neck Sq., Shop Center
Virginia Beach, Va. 23454 1978 11/14/78 221.88
Audit Credit-$82-81 applied to 80 License CertAified as to Payment:
Letter attached.
Commissioney.
Approved as to form:
oIn
y
The above abatement(s) totaling $2,585.37 were approved by the
council of the City of Virginia Beach on the 23 day of June
19 80
Ruth Hodges@mith
City Clerk
- 2 6 -
ITEM II-F.7) ITEM #15282
Upon motion by Councilwoman Oberndorf, seconded by Councilman Payne,
Ci ty Coun cil voted to u pho l d the recommen dation of the City Manager
and APPROVE the tax refunds in the amount of $994.40.
Voting- 1 1 - 0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, George R. Ferrell,
Barbara M. Henley, Clarence A. Holland, Vice
tlayor 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:
,4one
0 6/23/80
C.A. 7 2 7 - 6/9/80 EMC
AN ORDINANCE AUTHORIZING TAX REFUNDS
UPON APPLICATION OF CERTAIN PERSONS
AND UPON CERTIFICATION OF THE TREASURER
FOR PAYMENT
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for tax refunds upon certification of the Treasurer are hereby approved:
NAME Tax Type Ticket Exonera- D :@e Penalty I nt. Totai
Y ear of Tax Number tion No. P id
Fontanares, Apolonio F. 80 RE 73926-1 (1/2) 11/5/79 13.69
Fontanares, Apolonio F. 80 RE 73926-1 (2/2) 11/6/79 13.69@
Brown, Phyllis G. 78 pp 11758 5/26/78 19.62
Brown, Phyllis G. 79 pp 12009 5/10/79 28.38
erkel, W. P. 79 pp 62279 6/2/79 64.62
.B. Navy Fed. Cred. Union - utility - - 854.40
Total 994.40
This ordinance shall be effective from date of adoption.
The above abatement(s) totaling Cert yment;
were approved by
the Council'of the City of Virginia
Beach on the day of
John IVAtkinson,' Trea'surgrl
rm:
Ruth Hodges Smith
City Clerk
City Attor4ey
2 8 -
C 0 N S E N T A G E N D A
S E C 0 @l D R E A D I N G S
(ITEM II-F.8) ITEM #15283
0 R DI N AN CE TO AP P RO P RI ATE FUN DS I N
THE AMOUNT OF $55,000 TO EXTEND A
SPECIALIZED MENTAL HEALTH GRANT
FOR EMOTIONALLY HANDICAPPED STUDENTS.
WHEREAS, City Council approved a Grant on December 10,
1 9 79 , fo r t he De pa rtmen t o f Men ta 1 H e a I th a n d Men t a I Re ta rda t i o n
(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, the 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,
B E I T FU RTH E R 0 RDAI N E D t ha t f i v e p ers o n n e 1 po s i t i o n s a re
h e reby a utho ri zed f o r t h e dura t i o n o f th e Gra n t , to b e pa i d f rom t h e
Grant, with the employee classes to be determined by the City Manager.
FIRST READING: 16 June 1980
SECOND READING:- 23 June 1980
Adopted by the Council of the City of Virginia Beach,
Virginia, on the Twenty-third day of June, 1980.
06/23/80
2 9 -
Upon motion by Councilwoman Oberndorf, seconded by Councilman Payne,
City Council voted to APPROVE ON SE.COND READING the Ordinance to
appropriate $55,000 to extend a specialized Mental Health Grant for
emotionally handicapped students.
Voti n g : 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
06/23/80
- 30 -
(ITEM II-F.9) ITEM #15284
ORDINANCE TO APPROPRIATE FUNDS IN
THE AMOUNT OF $432,000 FOR THE
TIDEWATER VIRGINIA ALCOHOL SAFETY
ACTION PROGRAM (TVASAP)
WHEREAS, City Council approved the establis@ment of the
TVASAP pursuant to 18.2-271 (d), Code of Virginia, as amended, for
th e Ci ty ;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
crashes, injuries, and facilities on local highways.
NOW, THEREFORE, BE IT ORDAINED BY TH E COUNCIL OF TH E CITY
OF VIRGINIA BEACH, VIRGINIA:
That the Ci ty Manager i s authori zed to conti nue the TVASAP
pursuant to 18.2-271.1(d), Code of Virginia, as amended, for the City,
and funds are hereby appropriated in the amount of $432,000 for 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 , incl uding the federal government , for
the purpose o f dri ver al cohol education ; and,
The City Manager is further directed to deposit in a
separate fund any such gi fts , beques ts , Grants , 1 oans 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,
06/23/80
31 -
BE IT FURTHER ORDAINED that twelve personnel positions are
hereby a ut ho ri zed wi th the empl oyee clas s es to be determin ed by the
City Manager.
FIRST READING: 16 June 1980
SECOND READING:- 23 June 1980
Adopted by the Council of the City of Virginia Beach,
Virginia, on the twenty-third day of June, 1980.
Upon motion by Councilwoman Oberndorf, seconded by Councilman Payne,
City Council voted to APPROVE ON SECOND READING the Ordinance to
appropriate funds in the amount of $432,000 for the Tidewater
Virginia Alcohol Safety Action Program (TVASAP).
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
0 6/23/80
- 3 2 -
P L A N N I N G A G E N 0 A
(ITEM II-G.l.a) ITEM #15285
Attorney H. Calvin Spain appeared in behalf of the applicant
The following appeared in opposition:
Attorney James McKenry representing the Civic
Leagues in the area
Mr. Curtis B. Woolard, President, Kempsville
Borough Civic League
Mr. Tom Mannix
Mrs. Terri Johnson, Vice President, Kempsville
Civic League
This application came back to Council under a Court Order
Vice Mayor McCoy made a motion, seconded by Councilman Ferrell,
to APPROVE the application of National Pride Equipment Company,
Inc., for a Conditional Use Permit for a self-service car wash:
Councilman Merrick offered a SUBSTITUTE MOTION, seconded by
Councilwoman Oberndorf, to DENY the application of National
Pride Equipment Company, Inc., for a Conditional Use Permit
for a self-service car wash for the following reasons:
1. B-2 Community-Business District Zoning, Use
Permit required, opposition from residents;
2. Poor planning;
3. Downgrades the area;
4. Traffic problems;
5. Off-site drainage will be necessary.
It was noted by Vice Mayor McCoy that the reasons for denying, in
his opinion, seemed weak and he requested his remarks be made a
part of the Minutes of this meeting (23 June 1980).
06/23/80
3 3 -
THE RECORDED VOTE ON THE SUBSTITUTE MOTION IS AS FOLLOWS
Voting: 6 - 5
Council Members Voting Aye: (for the substitute motion to deny)
F. Reid Ervin, Barbara M. Henley, Donald W.
Merrick, Meyera E. Oberndorf, Roger L. Riggs,
and Mayor Patrick L. Standing
Council Members Voting Nay:
John A. Baum, George R. Ferrell, Clarence A.
Holland, Vice Mayor J. Henry McCoy, Jr., and
J. Curtis Payne
Council Members Absent:
None
City Council voted to DENY the application of NATIONAL PRIDE
EQUIPMENT COMPANY, INC., for a Conditional Use Permit, as per
the following:
Ordinance upon application of National Pride
Equipment Company, Inc., for a Conditional
Use Permit for a self-service car wash on
certain property located on the South side of
Brady Court beginning at a point 70 feet more
or less East of South Witchduck Road, running
a distance of 152.50 feet along the South side
of Brady Court, running a distance of 1 2 4 . 9 9
feet along the Eastern property line, running
a distance of 158 feet along the South ern pro-
perty line, running a distance of 113.70 feet
along the Western property line, running a
distance of 20 feet in an Easterly direction
and running a distance of 10.30 feet in a
Northerly direction. Said parcel contains
.48 acre. KEMPSVILLE BOROUGH.
06/23/80
- 34 -
(ITEM II-G.2.a) ITEM #15286
Attorney Robert Miller appeared in behalf of the applicant.
Attorney Steven Strickler, representing Cavalier Park/Bay Colony
Civic League, appeared in opposition.
Councilman Merrick made a motion, seconded by Councilwoman Oberndorf,
to DENY the application of HENRY A. SHOOK for a variance to Section
4.4(b) of the Subdivision Ordinance.
Voting: 4- 7
Council Members Voting Aye: (for denial)
F. Reid Ervin, Barbara M. Henley, Donald W.
Merrick, and Meyera E. Oberndorf
Council Members Voting Nay:
John A. Baum, George R. Ferrell, Clarence A.
Holland, Vice Mayor J. Henry McCoy, Jr., J.
Curtis Payne, Roger L. Riggs, and Mayor
Patrick L. Standing
The above motion to DENY the application of HENRY A. SHOOK for
a variance to Section 4.4(b) of the Subdivision Ordinance was
LOST.
06/2 3/80
3 5-
ITEM #15236(a)
Upon motibn by Councilman Payne, seconded by Councilman Baum, City
Council voted to uphold the recommendation of the Planning Commission
a nd APPROVE the a ppl i cation of HEN RY A . SHOOK for a v ariance to
Secti on 4 .4 ( b) of the Subdi vision Ordi nan ce, as per the f ol 1 owing:
Appeals from Decisions of Administrative Officers
in regard to certain elements of the Subdivision
Ordinance, Subdivision for Henry A. 5hook. Property
located at the Northwest intersection of Bay Colony
Drive and a portion of vacated Hill Road. More
detailed information is available in the Department
of Planning.
The applicant requests a variance to Section 4.4(b)
of the Subdivision Ordinance which requires lot
dimensions to conform to the Comprehensive Zoning
Ordinance. The applicant wishes to subdivide a 1.18
acre site, located at the Northwest intersection of
Bay Colony Drive and Hill Road, into two (2) lots.
Voting: 8- 3
Cou,n:cil Members Voting Aye:
John A. Baum, George R. Ferrell, 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:
F. Reid Ervin, Barbara M. Henley, and Meyera E.
Oberndorf
Council Members Absent:
None
06/23/80
3 6 -
(ITEM II- G.3.a) ITEM #15287
Mr. Walter Monahan appeared in behalf of the applicant.
Upon motion by Councilman Merrick, seconded by Councilman Ervin,
City Counci 1 voted to u pho l d the recommendation of the PIan ni ng
Commission and APPROVE the application of CH & B ASSOCIATES for
a variance to Section 4.4(b) of the Subdivision Ordinance, per
the following:
Appeal from Decisions of Administrative Officers
in regard to certain elements of the Subdivision
Ordinance, Subdivision for CH & 3 Associates.
Property located on the North side of Adam Keeling
Road, 2000 feet more or less West of the inter-
section of Adam Keeling Road and Great Neck Road.
Plats with more detailed information are available
in the Department of Planning.
The applicant requests a variance to Section 4.4(b)
of the Subdivision Ordinance which requires lot
dimensions to conform to the Comprehensive Zoning
Ordinance. This 1.29 acre site is located on the
North side of Adam Keeling Road, approximately
2,000 feet West of Great Neck Road. This site
currently consists of two (2) lots, which if
subdivided as proposed, would remain as two (2)
lots.
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
Council Members Voting Nay:
None
Council Members Absent:
None
06/23/80
- 3 7 -
(ITEM II-G.b) ITEM #15288
Mr. Roland E. Dorer appeared in opposition.
Robert J . and Jean D. Yo un g advi sed Co un ci 1 , by letter, of th ei r
request for withdrawal.
Upon motion by Vice Mayor McCoy, seconded by Councilwoman Oberndorf,
City Council voted to uphold the recommendation of the Planning
Commission and DENY the application of ROBERT G. AND JEAN D. YOUNG,
for a Change of Zoning District Classification, as per the following:
Ordinance upon application of Robert G. and Jean
D. Young for a Change of Zoning District Classifi-
cation from R-6 Residential District to 0-1 Office
District on certain property located on the South
si de of Bonn ey Road beg i nnin g at a poi nt 350 fee t
more or I ess E as t of Sou th Wi tchduck Road , run ni ng
a distance of 195.3 feet along the South side of
Bonney Road, running a distance of 459.5 feet along
the Eastern property line, running a distance of
186.9 feet along the Southern property line and
running a distance of 514.9 feet along the Western
property line. Said parcel contains 2.11 acres.
KEMPSVILLE BOROUGH.
Voting: 1 1 - 0
Council Members Voting Aye: (for denial)
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
0 6/23/80
3 8-
(ITEM II-G.3.c) ITEM #15289
Attorney Garrett Binson appeared in behalf of the applicant.
Upon motion by Councilman Ferrell, seconded by Vice Mayor McCoy, City
Co unci I voted to uphol d the recommendation of the Plannin g Commi s s ion
an d APPROVE the appl i cation of SHI RLEY A. BUCKNER AND STERLIN G S .
MONTGOMERY for a Change of Zon i ng Dis trict Cl ass i fi cation , as per the
following; subjec't to the conditions outlined in the City Manager's
1 etter:
ORDINANCE UPON APPLICATION OF SHIRLEY A. Z0680519
SUCKNER AND STERLING S. MONTGOMERY FOR A
CHANGE OF ZONING DISTRICT CLASSIFICATION
FROM R-8 RESIDENTIAL DISTRICT TO B-2
COMMUNITY-BUSINESS DISTRICT
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA, THAT:
Ordinance upon application of Shirley A. Buckner
and Sterling S. Montgomery for a Change of Zoning
District Classification from R-8 Residential
District to B-2 Community-Business District on
certain property located on the t4est side of Princess
Anne Road beginning at a point 918.11 feet South of
Corner Road, running a distance of 41 6.80 feet along
the West side of Princess Anne Road, running a dis-
tance of 1060.86 feet along the Southern property
line, running a distance of 516.80 feet along the
East side of Salem Road and running a distance of
706.52 feet along the Northern property line. Said
property contains 10.145 acres. KEMPSVILLE 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. A 16-inch waterline is
located along Salem Road. City sewer is not
available at this time. The construction of a
pump station is required.
3. An adequate onsite drainage system with the
necessary downstream drainage improvements
and easements is required.
4. Right-of-way improvements will be necessary along
Salem Road; this includes pavement widening, curb
and gutter, and sidewalk.
06/23/80
- 3 9 -
5. Due to the high volumes of traffic generated
by this proposed zoning, a traffic signal will
be required at this site's entrance onto Princess
Anne Road; this signal should include protected
pedestrian movements.
6. Any furute parking areas should be channelized so as
to insure sufficient stacking of vehicles exiting the
s i t e .
7. Left-turn and right-turn lanes with by-pass lanes
and transitions are necessary in order to safely
facilitate turning movements into this site.
8. It should be noted that this site may be affected by
a future Ferrell Parkway/Lynnhaven Parkway interchange
currently being studied.
9. Only one access to be allowed on Salem Road.
10. A 25-foot vegetative buffer along Salem Road.
This Ordinance shall be effective upon date of adoption.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the Twenty-third day of June, 1980.
V o t i n g1 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
06/23/80
4 0 -
(ITEM II-G.3.d) ITEM #15290
Attorn ey Ted Carr appea red in beha If of the appl i can t .
Upon motion by Councilman Riggs, seconded by Councilman Baum, City
Council voted to uphold the recommendation of the Planning Commission
and APPROVE the appl i cation of GUS RI GAN TO, T/A CAESAR'S AND MIKE
XYSTROU, T/A HONEY BEE PANCAKES, for a Conditional Use Permit, as
per the following; subject to the conditions outlined in the City
Manager's letter:
APPROVAL IS FOR A TWO YEAR PERIOD.
ORDINANCE UPON APPLICATION OF GUS RIGANTO, R0680323
T/A CAESAR'S AND MIKE XYSTROU, T/A HONEY
BEE PANCAKES , FOR A CONDITIONAL USE PERMIT
FOR A PARKING LOT
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA, THAT:
Ordinance upon application of Gus Riganto, T/A
Caesar's, and Mike Xystrou, T/A Honey Bee Pan-
cakes, for a Conditional Use Permit for a parking
lot on certain property located at the Southeast
corner of 24th Street and Atlantic Avenue, running
a distance of 150 feet along the South side of 24th
Street, running a distance of 155 feet along the
Eastern property line, running a distance of 150 feet
along the Southern property line and running a distance
of 155 feet along the East side of Atlantic Avenue. S a i d
parcel contains .533 acre. 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 the temporary parking lot criteria.
This Ordinance shall be effective upon date of adoption.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the Twenty-third day of June, 1980.
0 6/2 3/80
- 41 -
Voti ng I I - 0
Council Members Voting Aye:
John A. Baum, F. Re i d Ervin, Geor ge R. Fe rrel 1
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
06/23/80
4 2 -
(ITEM II-G.3.e) ITEM #15291
Mr. David Howell appeared in behalf of his application.
Upon motion by Councilman Payne, seconded by Vice Mayor McCoy, City
Cou nc i 1 voted to upho l d the recommen dation of the Pl anni ng Commiss ion
and APPROVE the application of DAVID W. HOWELL for a Conditional Use
Permit, as per the following; subject to the conditions outlined in
the City Manager's letter:
ORDINANCE UPON APPLICATION OF DAVID W. HOWELL R0680324
FOR A CONDITIONAL USE PERMIT FOR A HOME OCCU-
PATION (MUSICAL INSTRUMENT REPAIR)
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA, THAT:
Ordinance upon application of David W. Howell for a
Conditional Use Permit for a home occupation (musical
instrument repair) on-certain property located on the
West side of Lamplight Lane beginning at a point 185
feet North of 01 e Towne Lane , running a distance of
75 feet al ong the Wes t s ide of Lamplight Lane, running
a distance of 130.47 feet along the Northern property
line, running a distance of 76.45 feet along the
Wes tern property I i ne and runni ng a distance of 1 44 .1 5
feet along the Southern property line. Said parcel
cohtains .23 acre. PRINCESS ANNE BOROUGH.
Approval is subject to the following conditions in
conjunction with the intended use of the land:
1. Approval is for a one-year period.
2 . Compl iance with Arti cle 2 , Section 229 of the
Comprehensive Zoning Ordinance pertaining to
home occupations.
3. Repair work shall be arranged through the
auspices of the school system not by means
of direct contact with the general public.
4. The pick-up and delivery of instruments shall be
performed by the appl i cant , rath er than such
activities occurring at his residence.
Thi s Ordinance s hal 1 be ef fective upon date of adoption .
Adopted by the Council of the City of Virginia Beach,
on the Twenty-third.day of June, 1980.
0 6/2 3/80
4 3-
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
0 6/23/80
- 44 -
(ITEM II-G.3.f) ITEM #15292
Mrs. Mari anne 0 ' B ri en appeared in behal f of her appl i cation.
Upon motion by Councilman Baum, seconded by Councilman Ervin, City
Council voted to APPROVE the application of JOHN A. BILOTTA, JR.,
AND MARIANN O'BRIEN for a Conditional Use Permit, as per the
following; subject to the conditions in the CityManager's letter:
APPROVAL FOR A ONE YEAR PERIOD
LIMIT EIGHT (8) STUDENTS
ORDINANCE UPON APPLICATION OF JOHN A. BILOTTA, R0680325
JR., AND MARIANN O'BRIEN FOR A CONDITIONAL USE
PERMIT FOR A HOME OCCUPATION (TEACHING CERAMICS)
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA, THAT:
Ordinance upon application of John A. Bilotta, Jr.,
and Mariann O'Brien for a Conditional Use Permit
for a home occupation (teaching ceramics) on certain
property located on the West side of South Plaza Trail
beginning at a point 396.47 feet South of Boyd Road,
running a distance of 75 feet along the West side of
South Plaza Trail, running a distance of 110 feet along
the Southern property line, running a distance of 75
feet along the Western property line and running a dis-
tance of 110 feet along the Northern property line. Said
parcel contains .18 acre. LYNNHAVEN BOROUGH.
Approval is subject to the following conditions in
conjunction with the intended use of the land:
1. Approval for a one-year period.
2. Limit number of students to eight (8).
3. Compliance with Article 2, Section 229 of the
Comprehensive Zoning Ordinance pertaining to
home occupations.
4. In addition to the two parking spaces required
for the residents of this site, on-site parking
at a ratio of one space per student must be
provided.
This Ordinance shall become effective upon date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
Twenty-third day of June, 1980.
06/23/80
4 5 -
Vo tin g 8- 2
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., Meyera E. Oberndorf,
J. Curtis Payne, and Roger L. Riggs
Council Members Voting Nay:
Donald W. Merrick, and Mayor Patrick L. Standing
Council Members Absent:
None
06/2 3/80
- 46 -
(ITEM 11-G.4.a) ITEM #15293
AN ORDINANCE TO AMEND AND REORDAIN ARTICLE I,
SECTION 104 OF THE COMPREHENSIVE ZONING
ORDINANCE PERTAINING TO VIOLATIONS AND PENALTIES
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That Article 1, Section 104, Violations and Penalties,
of the C.Z.O. is amended and reordained as follows:
104. Violations and Penalties.
Any person who violates any of the privisions
of this Ordinance shall, upon conviction thereof,
be guilty of a misdemeanor punishable by a fine
of not less than $10.00 nor more than $259-.99
$1,000.00. Each day that a violation continues
shall be considered a separate offense.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the Twenty-third day of June, 1980.
ORDINANCE TO AMEND AND REORDAIN SECTION
10.1 OF THE SUBDIVISION ORDINANCE PER-
TAINING TO PENALTIES
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That Section 10.1, Penalties, of the Subdivision Ordinance
is amended and reordained as follows:
10.1 Any violation of the provisions of this
Ordinance shall be punishable by a fine of not
more than $499,99 $500.00 for each lot or parcel
of land subdivided, transferred or sold without
compliance with the terms hereof; and the de-
cription of such lot or parcel by metes and bounds
in the instrument of transfer or other document used
in the process of selling or transferring shall not
exempt the transaction from such penalties or from
other lawful remedies.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the Twenty-third day of June, 1980.
0 6/2 3/80
- 47-
Upon motion by Co uncil man Ervin , s econ ded by Co uncil woman Oberndorf
City Council voted to uphold the recommendation of the Planning
Commission and APPROVE the Ordinance to amend and reordain Article 1,
Section 104 of the Comprehensive Zoning Ordinance pertaining to
v iol ation s an d penal ties; AND , the Ordi nance to amend and reo rdain
Section 10.1 of the Subdivision Ordinance pertaining to penalties.
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
Council Members Voting Nay:
@ione
Council Members Absent:
None
06/2 3/80
- 4 8-
(ITEM II-G.4.b) ITEM #15294
AN ORDINANCE TO AMEND AND REORDAIN
ARTICLE 16 OF THE COMPREHENSIVE
ZONING ORDINANCE OF THE CITY OF
VIRGINIA BEACH BY ADDING THE COASTAL
PRIMARY SAND DUNE ORDINANCE AND BY
REPEALING ORDINANCE NO. 931 AS THE
COASTLINE MANAGEMENT ORDINANCE
EFFECTIVE July 1, 1980.
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGI@IIA:
That Ordinance No. 931, adopted March 26, 1979, and known
as the Coastline Management Ordinance is hereby repealed as of July 1,
1980, and that Article 16 of the Comprehensive Zoning Ordinance is
amended and reordained as follows:
ARTICLE 16. COASTAL PRIMARY SAND DUNE
ZONING ORDINANCE
Section 1600. Intent.
The governing body of the City of Virginia Beach, acting
pursuant to Chapter 2.2 of Title 62.1 of the Code of Virginia, for
the purposes of fulfilling the policy and standards set forth in
such Chapter, adopts this Ordinance regulating the use and develop-
ment of Coastal Primary Sand Dunes.
Section 1601. Definitions.
For the purpose of this Ordinance.
(a) "Commission" shall mean the Virginia Resources Commission.
b "Commissioner" shall mean the Commissioner of the Virginia
Marine Resources Commission.
( c )"County or City" shall mean the governing body of such
County or City.
(d) "Coastal Primary Sand Dune" hereinafter referred to as
"dune," shall mean a mound of unconsolidated sandy soil which is
contiguous to mean high water, whose landward and lateral limits are
marked by a change in grade from ten per centem or greater to less than
ten per centum, and upon any part of which is growing on July One,
Nineteen Hundred and Eighty, or grows thereon subsequent thereto, any
06/23/80
4 9 -
one or more of the following: American beach grass (Ammophilla
breviligulata); beach heather (Hudsonia tometosa); dune bean
(Strophostylis umbellata var, paludigena); dusty miller (Artemisia
stellerina); saltmeadow hay (Spartina patens)-. seabeach sandwort
(Arellaria peploides); sea oats (Uniola paniculata); sea rocket (Cakile
edentula); seaside goldenrod (solidago sempervirens); and short dune
grass (Panicum ararum). For purpos es of this Ordi nan ce, " Co as ta l
Primary Sand Dune" shall not include any mound of sand, sandy soil
or dredge s poi 1 whi ch has been depos i ted by man for the purpos e of
the temporary storage of such material for later use.
(e) "Governmental activity" shall mean any or all of the
s ervices pro vided by the Commonweal th or a Co un ty or Ci ty to its ci ti z ens
for the purpose of maintaining public facilities and shall include but not
be limited to such services as construction, repairing, and maintaining
roads, sewage facilities, sudolvinq and treating water, street lights
and constructing public buildings.
(f) "Wetlands Board" or "Board" means the Board created
as provided for in Section 62.1-13.6 of the Code of Virginia.
Section 1602. Uses.
The f ol low i ng us es an d act i vi ties on dun es are permi tted
if otherwise permitted by law:
(a) The construction and maintenance of nomcommercial
walkways which do not alter the contour of the Coastal Primary Sand
,Dun e ;
(b) The construction and maintenance of observation platforms
whi ch a re no t an i n te gral p a rt o f a n y dwe 1 1 i n g and wh i ch do no t a 1 te r
the contour of the Coastal Primary Sand Dune;
(c) The planting of beach grasses or other vegetation for
the purpose o f s tab i I i zi n g Coa s ta I P r i ma ry S a n d Du n es ;
( d) The placement of sand fences or other material on or
adjacent to Coastal Primary Sand Dunes for the purpose of stabilizing
0 6/23/80
5 0 -
such features, except that this provision shall not be interpreted to
au t ho rize the pl acement of any mate rial which presen ts a pu bl ic h ea l th
or safety hazard;
( e ) Sand rep l eni s h ment acti vi ties of any pri vat e or
public concern provided no sand shall be removed from any Coastal
Pri ma ry San d Dune un l ess au t ho rized by I awful p ermi t ;
(f) The normal maintenance of any groin, jetty, riprap,
bulkhead or other structure designed to control beach erosion
which may abut a Coastal Primary Sand Dune;
(g) The normal maintenance or repair of presently existini
roads, highways , ra i 1 road beds and f aci Ii ties of the Un i ted States,
this State, or any of its Coun ti es or Ci ti es, or t hose of any person ,
firm, corporation, or utility provided no Coastal Primary Sand Dunes are
al tered;
( h Outdoo r re c reationa l acti vi ties, provi ded that s u ch
activities do not alter the natural contour of the Coastal Primary
Sand Dune or destroy its vegetation;
(i) The conservation and research activities of the Virginia
Marine Resources Commission, Virginia Institute of Marine Science,
Commiss ion of Game and I nl an d Fi sh eri es an d other re l ated con servati on
agencies;
The construction an d ma intenan ce of ai ds to navi gation
which are authorized by governmental authority;
(k) Activities pursuant to any emergency declared by the
go verni ng body of any lo ca l gove rnment or the Go vernor of the Commonweal th
or any pubii c health o ff icer for the purposes of p rotecti ng the pub Ii c
health or safety; and,
(1) Governmental activity on Coastal Primary Sand Dunes owned
or leased by the Commonweal th or a polit i ca l s ubdi vi si on th ereof
Section 1603. Applications.
Any person who desires to use or alter any Coastal Primary
Sand Du6e w i thin the City of Virgin i a Beach, other than for those
act i vi ties s peci f i ed in S ection 1 602 h erei n , s hall f i rs t f i 1 e an
appl i cation with the We tl ands Board at the Off ice of the City En gi neer
06/23/80
in accordance with Section 4 of Section 62.1.13.5 of the Code o f
Virginia. The Wetlands Board may establish a processing fee in
accordance wi th Section 4 of S ection 62 .1 -1 3 . 5 of the Code o.f V i r q i n i a
No person shall be required to file two separate applications for
permits if the project to be undertaken would require that a permit
be filed in accordance with Section 62.1-13.5 as well as this Ordinance.
Under such circumstances the fee accompanying the application required
by Section 62.1-13.5 shall also be the fee for the purpose of this
Ordinance.
Section 1604. Public Inspection of Applications.
All applications and maps and docunents relating thereto
shall be open for public inspection at the office of the-Ci ty Engineer.
Section 1605. Public Hearing Procedure.
Not later thah sixty days after receipt of such application,
the Wetlands Board shall hold a public hearing on such application.
The applicant, the local governing body, the Commissioner, the owner
of record of any land adjacent to the Coastal Primary Sand Dunes in
question, known claimants of water rights in or adjacent to the coastal
sand dunes in question, the Virginia Institute of Marine Science, the
Department of Game and Inland Fisheries, the Water Control Board, the
Department of Highways and Transportation and governmental agencies
expressing an interest therein shall be notified by the Board of the
hearing by mail not less than twenty days prior to the date set for
the hearing. The Wetlands Board shal I also cause notice of such
hearing to be published at least once a week for two weeks prior to
such hearing in the newspaper having a general circulation in the
City of Virginia Beach. The costs of such publication shall be paid
by the applicant.
Section 1606. Action of Board.
In acting on any application for a permit, the Board shall
grant the application upon the concurring vote of three members of the
Board. The Chairman of the Board, or in his absence the Acting Chairman
0 6/23/80
- 5 2 -
may administer oaths and compel the attendance of witnesses. Any person
may appear and be heard at the public hearing. Each witness at the
hearin q may submit a con ci se written statement of his tes timony . The
Board shall make a record of the proceed i ng , which shall include the
application, any written statement of witnesses, asummar,y of statements
of all witnesses, the findings and decision of the Board. and the
rationale for the decision. The Board shall make its determination
within thirty days from the hearing. If the Board fails to act within
s u ch ti me, the appl i cation s ha l 1 be de eme d at)o rove d .Within forty-eiqht
ho urs of its de termi nation , the Board s hall no ti fy the appl i can t an d
the Commi s s ioner of such de termi nati on an d if the Boa rd has not made a
determination , it s hal 1 not i fy the appl i can t and the Commiss ion that
thirty days has passed and the application is dee roved.
The Board shall transmit a copy of the permit to the
Commissioner. If the a ppii cation is re viewed or appealed, then the
Boa rd s hal 1 transmi t the record of its h eari ng to the Commi ss ion er.
Upon a final determination by the Commission, the record shall be
returned to the Board. The record shall be open for public
inspection at the office of the City Engineer.
Section 1607. Bonding Requirements.
The Boa rd may require a reasonab l e Bond or Letter of C red it
in an amount and witii surety and conditions satisfactory to its securing
to the City of Virqin i a Beach compl i ance w i th the conditions and
limitations set forth in the permit. The Board may, after hearing
as provi ded h erei n s uspend or revoke a permit or the Boa rd f i nds that
the applicant has failed to comply with any of the conditions or
Ii mi ta tion s set for th in the p ermi t or has ex ceeded the s cope of the
work as set forth in the application. The Board after
suspend a permit if the applicant fails to comply with the terms and
conditions set forth in the application.
Section 1608. Review Procedure.
(a) In making its decision whether to grant, to grant
in modified form, or to deny an application for a permit, the Board
s haII base its de ci s i on on the fol 1 owi ng f ac tors .
0 6/23/80
-5 3 -
(1) Such matters raised through the testimony of any
pers on in support of or in rebuttal to the p ermit appl i cation
(2) Impact of the development on the public health and
welfare as expressed by the polic,y and standards of Chapter
2 . 2 of Ti tl e 6 2 .1 of the Code of Virqi ni a and any qui del i nes
which may have been promulgated thereunder by the Commission.
( b ) If the B oard , in applying the s tan da rds above , f i nds
t hat the ant i ci pated publ ic and pri v ate benef it of the proposed act i vity
exceeds the anticipated public and private detriment and that the
proposed activity would not violate the purposes and intent of Chapter
2 . 2 of Ti tl e 62 .1 of the Code of Virqi ni a and of this Ordi na nce the
Board shall grant the permit, subject to any reasonable condition or
modification designed to minimize the impact of the activity on the
ab il ity of the City of Vi rgin i a Bea ch to prov ide governmenta 1 s ervi ces
and on the rights of any other person and to carry out the public
policy set forth in Chapter 2.2 of Title 62.1 of the Code of Virginia
and in this Ordinance. @lothing in this Section shall be construed as
a f f ecti n g the right of any person to s eek compensa tion for any i njury
in fact incurred by him beca use of the proposed ac ti vi ty. If the
Board finds that the anticipated public and private detriment or that
the proposed activity would violate the purposes and intent of Chapter
2.2 of Title 62.1 of the Code of Virginia and of this Ordinance, the
Board shall deny the permit application with leave to the applicant
to resubmit the application in modified form.
Section 1609. Permits.
The permit shall be in writing, signed by the Chairman
of the Board and notarized.
Section 1610. Expiration Date and Extensions.
No permit shall be granted without an expiration date, and
the Board, in the exercise of its discretion, shall designate an
expiration date for completion of such work specified in the permit
from the date the Board granted such permit. The Board, however, may
0 6/23/80
- 5 4-
upon proper application therefor, grant extensions.
Section 1611. Issuance of Permits by Commission.
No person shall conduct any activity which would require
a p ermit under a Co as ta l Pri ma ry San d Dune Ordi nan ce un l ess he has
a permit therefor.
Section 1612. Admi ni s trati ve, Ap pe l I ate an d En for cemen t Provision s .
In administering the provisions of this article and in
order to provi de for enforcement , the Wetlands Board shall bear
all those duties and responsibilities and follow those procedures
speci fied in Sections 62.1-1 3.7 through 62.1-13.19 of the Code of
Virginia in the same manner and on the same basis as it administers
and enforces the Wetlands Zoning Ordinance.
Section 1613. Investigations and Prosecutions.
The Wetlands Board shall have the authority to investigate
all projects whether proposed or ongoing which alter a Coastal Primary
Sand Dune located within the City of Virginia Beach. The Wetlands
Board shall have the power to prosecute all violations of any order
of s uch Board , or any viol ation of any provi sion of the tletl ands
Zoning Ordinance contained in Section 62.1-13.20:5 of the Code of
Virginia or of the Coastal Primary Sand Dune Zoning Ordinance contained
i n Ti tl eI , Arti cl e 1 6 o f the Zoni ng Ordi nance o f the Ci ty o f Vi rgi n i a
Beach, Virginia.
Section 1614. Violation of Orders,,Rules and Regulations.
Any person who knowingly, intentionally, negligently or
continually violates any order, rule or regulation of the Commission
or o f the Wetl ands Board or v i ol a tes any provi s ion o f Ti tl e 62 .1 ,
Cha pter 2 . 2 of the Code o f Vi rgi ni a or Ti tl e I , Arti cl e 1 6, of the
Zoning Ordinance of the City of Virginia Beach, Virginia, or any
provision of a permit granted by the Wetlands Board or the Commission
pursuant to Title 62.1 , Chapter 2.2 of the Code of Virginia or Title
I, Article 16, of the Zoning Ordinance of the City of Virginia Beach,
Virginia, shall be guilty of a misdemeanor. Following a conviction,
every day the violation continues shall be deemed a separate offense.
06/23/80
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Section 1615. Injunctions.
In addition to and notwithstanding the provisions of
Sect ion 62 .1 -1 3 . 20 : 7 of the Code of Virgi ni a and S ection 1 61 4 h erei n
upon p eti t ion of the Wetlan ds Board to the Ci rcuit Court of the City
of Virginia Beach, the Court may enjoin such unlawful act and may order
the person so acting unlawfully to take such steps as are necessary
to restore, protect and preserve the wetlands involved.
Section 1616. Exemptions.
Nothing in this Article shall affect any project or
development (i) for which a valid building permit or final site plan
approval has been issued prior to July one, Nineteen Hundred and
Eighty; or (ii) which, if no building permit is required for such
project including a locally approved mining operation, has been
otherwise commenced prior to July One, Nineteen Hundred and Eighty,
and certified as exempt by the Commission or the Wetlands Board;
or ( iii) approved by the Counci 1 of the Cityof Virgin i a Beach
pursuant to Ordinance No. 931 which was the Coastline rianagement
Ordinance in effect from March 26, 1979 to July 1, 1980. Nothing
in this Section shall be deemed to exclude from regulation any
act i vi ty whi ch expands or en 1 arges upon a project already in
existence or under construction.
This Ordi nance shall be in f ul 1 force and ef f ect on
July 1, 1980.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the Twenty-third day of June, 1980.
0 6/23/80
5 6 -
Upon motion by Councilwoman Oberndorf, seconded by Councilman Baum,
City Co unci 1 voted to upho l d the recommendati on of the PIannin g
Commission and APPROVE the Ordinance to amend and reordain Article
1 6 of the Comprehens i ve Zoni ng Ordi nance of the City of Vi rgi ni a
Beach by ADDING the Coastal Primary Sand Dune Ordinance and by
REPEAL IN G Ordi nance No . 9 31 known as the Co as tl ine Mana gemen t
Ordinance effective July 1, 1980.
Voti ng I 1 - 0
Coun ci 1 Members Voti ng VE RBAL Ayes:
John A. Baum, F. Reid Ervin, George R. Ferrell,
Barbara M. Henley, Clarence A. Holland, Vice
tiayor 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
0 6/23/80
5 7 -
443
(ITEM II-G.4.c) ITEM #15295
Upon motion by Councilman Payne, seconded by Councilman Baum, City
Coun c i I voted to uphol d the recommen dati on of the Pl an ni ng Commi ss ion
and APPROVE the Ordinances for the closure of two portions of the
Holland Road Curve (Princess Anne Borough); subject to the following:
TO INCLUDE THE VEPCO EASEMENT
TkE RETENTION OF AN EXISTING 20-FOOT
DRAINAGE EASEMENT
Voting: I I - 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
06/23/80
5 8-
P"lil@2@4' @4t;i444
AN ORDINANCE CLOSING, VACATING AND
DISCONTINUING A PORTION OF HOLLAND
ROAD, PRINCESS ANNE BOROUGH, CITY
OF VIRGINIA BEACH, VIRGItlIA.
WHEREAS, proper notice that the City of Virginia Beach, Virginia,
would make application to the City Council of the City of Virginia Beach, Virginia,
to have the hereinafter portion of Holland Road closed, vacated and discontinued
as a public road of the City of Virginia Beach was duly posted at the Courthouse
of the Circuit Court of the City of Virginia Beach, Virginia and at two public
places in the City of Virginia Beach, Virginia on the day of
19
WHEREAS, the land proprietors affected thereby have been duly notified;
and
WHEREAS, said application was made to the City Planning Commission and to
the City Council and pursuant to the statutes in such cases made and provided, the
Council appointed Viewers who have reported to the Council that no inconvenience to
the public or to private individuals would result from such closing, vacation, and
discontinuance; and
WHEREAS, the City Planning Commission after proper notice and hearing,
has reported thereon to the Council; and
WHEREAS, it is the judgment of the Council that said portion of Holland
Road should be closed, vacated and discontinued; now therefore
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
the
Section 1. That/certain portion of said Road described as follows
in the Princess Anne Borough of the City of Virginia Beach, Virginia, is hereby
closed, vacated and discontinued as a public road of the City of Virginia Beach,
Virginia, said certain portion of said road not being needed for public use and travel.
All that certain portion of Holland Road as shown as solid
shaded area as it appears and is shown on that certain
plat entitled "Plat Showing Excess Right-Of-Way On Holland
Road And Property To Be Acquired By The City Of Virginia
Beach, Virginia From James G. and Marilou Kollar," Scale:
1" = 50', dated August 31, 1978, revised: 9/26/78, prepared
by Bureau of Surveys and Mapping, Engineering Division,
Department of Public Works, City of Virginia Beach,
06/23/80
5 9 -
p4i;t 445
Virginia, said plat being recorded in the Clerk's Office
of the Circuit Court of the City of Virginia Beach,
Virginia in Map Book 139 at Page 19
to which reference is made for a more particular description.
Section 2. That 30 days after this date a copy of this Ordinance,
certified by the Clerk, be spread upon the public records in the Clerk's Office of
the Circuit Court of the City of Virginia Beach, Virginia and indexed in like manner
as a deed to lands.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
2 3 day of June 1 9-80
JAR/ih
3/10/80
Approval subject to the following:
1. To include a VEPCO Easement.
2. The retention of an exis"ing 20-foot
drainage easement.
Certified to b,@.,a,,-t'r,ue excerpt from the minutes of the City Council
of the City! bf Virg@nig Beach, Virg@n@,ia of June 23, 1980, adopted
June 23., 1 98,0
Diane M. Ei@kmAn@, Deputy City Clerk
-@iPROVED AS TO CONTENT
SIGNATU,RE
DEPARTMENT
D cow of Vb
t- in
I= @ted b)-
06/23/80
6 0 -
446
AN ORDINANCE CLOSING, VACATING AND
DISCONTINUING A PORTION OF HOLLAMD
ROAD, PRINCESS ANNE BOROUGH, CITY
OF VIRGINIA BEACH, VIRGINIA.
WHEREAS, proper notice that the City of Virginia Beach, Virginia,
would make application to the City Council of the City of Virginia Beach, Virginia,
described
to have the hereinafter/portion of Holland Road closed, vacated and discontinued
as a public road of the City of Virginia Beach was duly posted at the Courthouse
of the Circuit Court of the City of Virginia Beach, Virginia and at two public
places in the City of Virginia Beach, Virginia on the _ day of
19
WHEREAS, the land proprietors affected thereby have been duly notified;
and
WHEREAS, said application was made to the City Planning Commission and
to the City Council and pursuant to the statutes in such cases made and provided,
the Council appointed Viewers who have reported to the Council that no inconvenience
to the public or to private individuals would result from such closing, vacation,
and discontinuance; and
WHEREAS, the City Planning Commission after proper notice and hearing,
has reported thereon to the Council; and
WHEREAS, it is the judgment of the Council that said portion of Holland
Road should be closed, vacated and discontinued; now therefore
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
Section 1. That the certain portion of said road described as follows
in the Princess Anne Borough of the City of Virginia Beach, Virginia, is hereby
closed, vacated and discontinued as a public road of the City of Virginia Beach,
Virginia, said certain portion of said road not being needed for public use and
travel.
All that certain portion of Holland Road as shown
as solid shaded area as it appears on that certain
plat entitled "Plat Showing Excess Right-Of-Way On
Holland Road And Property To Be Acquired By The
06/23/80
61 -
@P00142C@44 PAiii447
City Of Virginia Beach From Oswald S. Buyrn &
Louise Whitehurst Buyrn," Princess Anne Borough,
Virginia Beach, Virginia, Scale: 111 = 50', dated
August 31, 1978, Revised 9/26/78, prepared by
Bureau of Surveys and [,lapping, Engineering
Division, Department of Public Works, Virginia
Beach, Virginia, said plat being recorded in the
Clerk's Office of the Circuit Court of the City
of Virginia Beach, Virginia in Map Book 139
at Page 18 to which reference is made for a
more pa ticular description.
Section 2. That 30 days after this date a copy of this Ordinance,
certified by the Clerk, be spread upon the public records in the Clerk's Office
of the Circuit Court of the City of Virginia Beach, Virginia and indexed in like
manner as a deed to lands.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
23rd day of June 19 80
JAR/ih
3/7/80
Approval is subject to the following:
1. To include the VEPCO easement
2. Retention of an existing 20-foot
d,rainage easement
Certif,ted to be-a true-e-xcerpt from the minutes of the City Council
Of thel City,,Df 'Vir'gin"la Beach of June 23, 1980, adopted June 23, 1980.
Diane M. H,ickman, Deputy Clerk
P-IOVED AS TO CONTENT
5IGNATURE
DEPARTMENT
ID AS rO FPr,,,'.i
06/23/80
p.oup2@k,44 PA,,,i448
ORDINANCE APPOINTING VIEWERS
WHEREAS, the City of Virgin.ia Beach, Virginia, has given due and
proper notice, in accordance with the statutes for such cases made and provided,
that it would on this day 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 discontinuing of the
hereinafter described portion of Holland Road in the Princess Anne Borough
of the City of Virginia Beach, Virginia, and have filed such application with the
said Council.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That C. Oral Lambert
Robert J. Scott, and David M. Grochmal
are hereby appointed to view the below described property and report in writing to
the Council on or before , whether in their
opinion, any, and if any, what inconvenience would result from the discontinuing,
closing and vacating of that certain portion of Holland Road, located in the
Borough of Princess Anne, City of Virginia Beach, Virginia, and described as
follows:
All that Certain portion of Holland Road as shown as
solid shaded area as it appears and is shown on that
certain plat entitled "Plat Showing Excess @i-ght-Of-
Way On Holland Road And Property To Be Acquired By
The City Of Virginia Beach, Virginia From James G.
and Marilou Kollar," Scale: 1" = 50', dated August 31,
1978, revised: 9/26/78, prepared by Bureau of Surveys
and Mapping, Engineering Division, Department of
Public Works, City of Virginia Beach, Virginia, said
plat being recorded in the Clerk's Office of the
Circuit court of the City of Virginia Beach, Virginia
in Map Book 139 , at Page 19 to which reference
is made for a more particular description.
APpROVED AS TO CONTENT
EY
06/23/80
449
6 3 -
IN THE MATTER OF CLOSING, VACATING
AND DISCONTINUING A PORTION OF P E T I T I 0 N
HOLLAND ROAD
TO: THE MAYOR AND THE MEMBERS OF THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA:
Petitioner, City of Virginia Beach, respectfully represents:
1. That pursuant to the provisions of Section 15.1-364 of the Code
of Virginia, 1950, as amended, the said petitioner applies for the vacating,
closing and discontinuing of a portion of a certain road situate in the Borough
of Princess Anne, City of Virginia Beach, Virginia, and described as follows:
All that certain portion of Holland Road as shown as
solid shaded area as it appears and is shown on that
certain plat entitled "Plat Showing Excess Right-Of-
Way On Holland Road And Property To Be Acquired By
The City Of Virginia Beach, Virginia From James G.
and Marilou Kollar," Scale: 1" = 50', dated August 31,
1978, revised: 9/26/78, prepared by Bureau of Surveys
and Mapping, Engineering Division, Department of
Public Works, City of Virginia Beach, Virginia, said
plat being recorded in the Clerk's Office of the
Circuit Court of the City of Virginia Beach, Virginia
in Map Book 139 at Page 19 to which
reference is made for a more particular description.
2. That no inconvenience will result to any person by reason of the said
closing, vacating and discontinuing of this portion of said road, and petitioner
prays that this Honorable Council appoint Viewers as provided by the aforesaid
statute to view the portion of the said road to be closed and report in writing
to this Council on or before , 19 whether,
in the opinion of the said Viewers, any, and if any, what inconvenience would result
from the discontinuing of this portion of said road.
3. That on the _ day of 19 notices
of the presenting of this application were posted at the Courthouse of the Circuit
Court of the City of Virginia Beach, Virginia, and at two other public places
within the said City, as evidenced by the affidavit attached hereto, and a copy of
said notice.
Respectfully submitted,
OFFICE OF THE CITY ATTORNEY
CITY OF VIRGINIA BEACH
06/23/80
6 4 -
C@Icak2C,44 PAI;I 41-)0
ORDINANCE APPOINTING VIEWERS
WHEREAS, the City of Virginia Beach, Virginia, has given due and
proper notice, in accordance with the statutes for such cases made and provided,
that it would on this day 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 discontinuing
of the hereinafter described portion of Holland Road in the Princess Anne Borough
of the City of Virginia Beach, Virginia, and have filed such application with
the said Council.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That C. Oral Lambert, David M. Grochnal, and
Robert J. Scott
are hereby appointed to view the below described property and report in writing to
the Council on or before , whether in their opinion, any,
and if any, what inconvenience would result from the discontinuing, closing and
vacating of that certain portion of Holland Road, located in the Borough of
Princess Anne, City of Virginia Beach, Virginia, and described as follows:
All that certain portion of Holland Road as shown
as solid shaded area as it appears on that certain
plat entitled "Plat Showing Excess Right-Of-Way
On Holland Road And Property To Be Acquired By
The City Of Virginia Beach From Oswald S. Buyrn
& Louise Whitehurst Buyrn," Princess Anne Borough,
Virginia Beach, Virginia, Scale: 1" = 50', dated
August 31, 1978, Revised 9/26/78, prepared by
Bureau of Surveys and Mapping, Engineering
Division, Department of Public Works, Virginia
Beach, Virginia, said plat being recorded in the
Clerk's Office of the Circuit Court of the City
of Virginia Beach, Virginia in Map Book 139
at Page 18 to which reference is
made for a more particuta-r description.
OV7.D AS TO CO"
@Ef
06/23/80
BfUl@2@44 45i
IN THE MATTER OF CLOSING, VACATING
AND DISCONTINUING A PORTION OF P E T I T I 0 N
HOLLAND ROAD
TO: THE MAYOR AND THE MEMBERS OF THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA;
Petitioner, City of Virginia Beach, respectfully represents:
1. That pursuant to the provisions of Section 15.1-364 of the Code
of Virginia, 1950, as amended, the said petitioner applies for the vacating,
closing and discontinuing of a portion of a certain road situated in the
Borough of Princess Anne, City of Virginia Beach, Virginia and described as
follows:
All that certain portion of Holland Road as shown
as solid shaded area as it appears on that certain
plat entitled "Plat Showing Excess Right-Of-Way
On Holland Road And Property To Be Acquired By
The City Of Virginia Beach From Oswald S. Buyrn
& Louise Whitehurst Buyrn," Princess Anne Borough,
Virginia Beach, Virginia, Scale: 1" = 50', dated
August 31, 1978, Revised 9/26/78, prepared by
Bureau of Surveys and Mapping, Engineering
Division, Department of Public Works, Virginia
Beach, Virginia, said plat being recorded in the
Clerk's Office of the Circuit Court of the City
of Virginia Beach, Virginia in Map Book 139
at Page 18 , to which re erence is
made for a more particuta-r description.
2. That no inconvenience will result to any person by reason of the said
closing, vacating and discontinuing of this portion of said road, and petitioner
prays that this Honorable Council appoint Viewers as provided by the aforesaid
statute to view the portion of the said road to be closed and report in writing to
this Council on or before , 19 , whether, in the opinion
of the said Viewers, any, and if any, what inconvenience would result from the
discontinuing of this portion of said road.
3. That on the - day of 19 notices of the
presenting of this application were posted at the Courthouse of the Circuit Court
of the City of Virginia Beach, Virginia, and at two other public places within the
said City, as evidenced by the affidavit attached hereto, and a copy of said notice.
V, l@ t le,k's Oflice, Cilcuit Cou,t o/ Viginia Beach
@f .................. 1 19 ..... @.. at.. this inst,ument w@ ec@ived and upo@ the
............
nowledgment thereto annexed, ad@itted t@ r.cord. "The tax imposed by SS58-54.1 -i the Code,
has been aid, i@ the amount of I ................
x p
0 .. .... .... ... .
TESTE: J. CURTIS FRUIT, Clerk C.
By-/l
06/23/80
6 6 -
0 R D I N A N C E S
F I R S T R E A D I N G S
(ITEM II-H.l.a.1 ITEM #15296
AN ORDINANCE TO PROVIDE AN ADDITIONAL
CORRECTIONAL OFFICER IN THE SHERIFF'S
OFFICE
WHEREAS, the State Compensation Board due to the lack of
funding is unable to approve any add i tio na l correct ional off icer
positions for the City of Virginia Beach; and,
WHEREAS, there is a need for one ad ditio na l correctio na l
o fficer in the Youth Di vis ion of the Sh eri f f ' s Off ice in order to
retain the present staff and maintain accreditation with the
State; and,
WHEREAS, the funding needed to create an additional
correctional officer position for the 1981 fiscal year is $8,784.
NOW, THEREFORE, BE IT ORDAINED by the Council of the City
of Virgin i a Beach t hat fun ds of $8 , 784 be app ro priated from the
Genera l Fun d Bal an ce to c reate one addi tio na l correctio na l off i cer
pos i tion for the 1 981 fi scal year in the Sh eriff's Offi ce.
FIRST READING: 23 June 1980
SECOND READING:
This Ordinance shall be effective upon date of adoption.
Adopted by the Council of the City of Virginia Beach
Virginia, on the day of 1980.
06/2 3/80
6 7 -
Upon motion by Councilwoman Oberndorf, seconded by vice Mayor McCoy,
City Co unci 1 voted to APPROVE ON FIRST READI N G the Ordi nan ce to pro -
vide an additional correctional officer in the Sheriff's Office.
Mr. Giles G. Dodd, Acting City Manager, advised Council the City
Manager has written letters to the Board of Corrections and the
Compensation Board regarding the fact that they had required
the pos i tion and the Compens ation Board di d not fun d the pos i tion .
Voti ng I 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
*COUNCILMAN FERRELL VOICED A VERBAL "AYE".
0 6/23/80
6 8 -
(ITEM II-H.I.a.2) ITEM #15297
AN ORDINANCE TO ACCEPT FUNDS TOTALING
$23,792 FROM THE VIRGINIA HOUSING
DEVELOPMENT AUTHORITY AND TO APPROPRIATE
THESE FUNDS
WHEREAS, the City of Virginia Beach has participated and
wishes to continue its participation in the Section 8 Housing
Program; and,
WHEREAS, the City of Virginia Beach has entered into
an agreement with the Virginia Housing Development Authority (VHDA)
to participate in the Program; and,
WHEREAS, the Office of Housing and Community Development
has been designated to administer the Program, which will assist in
housing the under-privileged.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE
CITY OF VIRGINIA BEACH, VIRGINIA:
That the City Manager is hereby authorized to accept
funds for the City, and funds are hereby appropriated for the
following purpose:
Section 8 $23,792
BE IT FURTHER ORDAINED that the appropriations will be
financed by $23,792 estimated revenue from VHDA, with no local
match required; and,
That two personnel positions are hereby authorized for
the duration of the funding, to be paid from the funds, with the
class of employees to be determined by the City Manager.
FIRST READING: 23 June 1980
SECOND READING
Adopted by the Council of the City of Virginia Beach,
Virginia, on the day of 1980.
0 6/2 3/80
6 9 -
Upon motion by Councilwoman Henley, seconded by Councilwoman Oberndorf,
City Council voted to uphold the recommendation of the City Manager and
APPROVE ON FIRST READING the Ordi nance to ac cept fun ds to ta l ing $23 792
from the Virginia Housing Development Authority and to appropriate these
funds.
It was noted the positions in the Ordinance are already employed,
and at one time they were under Social Services.
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
06/23/80
7 0 -
(ITEM II-H.I.a.3) ITEM #15298
AN ORDINANCE TO INCREASE THE ADVANCE
FROM GENERAL FUND TO THE PRINT SHOP
INTERNAL SERVICE FUND BY $25,000
WH EREAS , the purc hase of several pi eces of equi pm en t and
the need for an increase in printing charges has created this fiscal
year an insuf fi ci ency in operating in the Print Shop Internal Service
Fund; and,
WHEREAS, an i nc reas e of $25 000 in the advance from the
General Fund to the Print Shop will prevent a cash overdraft at
June 30, 1980, and will provide the Print Shop with the flexibility
to operate effectively.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE
CITY OF VIRGINIA BEACH, VIRGINIA:
That the advance from the General Fund to the Print
Shop Internal Service Fund be increased by $25,000.
FIRST READING: 23 June 1980
SECOND READING:
Adopted by the Council of the City of Virginia Beach,
Virginia, on the day of 1 9 8 0 .
Upon motion by Councilman Ervin, seconded by Councilman Baum, City
Council voted to uphold the recommendation of the City Planager and
APPROVE ON FIRST READING the Ordinance to increase the advance from
General Fund to the Print Shop Internal Service Fund by $25,000.
Voting: I 1 - 0
06/2 3/80
7 1 -
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
0 6/23/80
7 2 -
((ITEM II-H.2.a) ITEM #15299
AN ORDINANCE TO AMEND SECTION 37-33 OF
THE CODE OF THE CITY OF VIRGINIA BEACH,
VIRGINIA, RELATING TO WATER USAGE RATES
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That Section 37-33 of the Code of the City of Virginia
Beach, Virginia, is hereby amended as follows:
Section 37-33. Water Usage Rates.
In addition to the charges provided for in Section 37-32,
each consumer shall pay for water usage according to the following
rate schedule:
Consumption Rate (Bi-Monthly)
0 - 4,000 cubic feet $!;Qg@@GG $.793/100 cubic feet
(O - 30,000 gallons) $7942@;ggg ($1.06/1000 gal I o n s )
4,001 - 40,000 cubic feet $769@@QG $.778/100 cubic feet
(30,001 - 300,000 gallons) $7929@1999 ($1.04/1000 gallons)
Over 40,000 cubic feet $76;5@@gg $.763/100 cubic feet
(Over 300,000 gallons) $vgg2@;ggg ($1.0211000 gallons)
All consumers shall pay a minimum water usage fee of
two dollars and fifty cents ($2.50) per month. Where a consumer
uses more than one meter, the rates prescribed by this Section shall
apply separately to each meter.
The above water usage rate shall become effective with
respect to all water consumed on and after July 1, 1980:
FIRST READING: 23 June 1980
SECOND READING:
Adopted by the Council of the City of Virginia Beach,
Virginia, on the day of 1980.
06/2 3/80
7 3-
(ITEM II-H.2.a.a)
AN ORDINANCE TO INCREASE APPROPRIATIONS
AND ESTIMATED REVENUES IN THE WATER AND
SEWER FUND BY $867,240
WHEREAS, the City of Norfolk has increased the cost of
water to the City of Virginia Beach by llc per thousand gallons from
52.7cts to 63.7cts; and,
WHEREAS, this rate increase will raise the purchase price
of an estimated 7.9 billion gallons of water purchased by the City
from the City of Norfolk in Fiscal Year 1981 by $867,240; and,
WHEREAS, the Department of Public Utilities requires an
appropriation of like amount for Fiscal Year 1981 to offset the
additional cost, and City Council has increased rates to its
customers to balance the additional appropriation.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE
CITY OF VIRGINIA BEACH that funds of $867,240 be appropriated to
the Department of Public Utilities for the additional cost required
in the purchase of water from the City of Norfolk.
BE IT FURTHER ORDAINED that estimated revenues in the
Water and Sewer Fund be increased by $867,240.
This Ordinance shall be effective from date of adoption.
FIRST READING: 23 June 1980
SECOND READING:
Adopted by the Council of the City of Virginia Beach
Virginia, on the day of 1 9 80 .
0 6/23/80
7 4 -
Upon motion by Councilman Ervin, seconded by Vice Mayor McCoy, City
Co unci 1 vot6d to uph61 d the recommendation of the City Manager and
APPROVE ON FIRST READING the Ordinance to amend Section 37-33 of
the Code of the City of Vir,ginia Beach relating to water usage
rates; AND, the Ordinance to increase appropriations and Estimated
Revenues in the 'viater and Sewer Fund by $867,240.
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
06/23/80
7 5 -
(ITEM II-H.l.b.1) ITEM #15300
AN ORDINANCE TO TRANSFER FUNDS OF $29,690
FOR THE PURCHASE OF A DISC SCANNER AND AN
INTERACTIVE SOFTWARE PACKAGE.
WHEREAS, the Department of Public Works desires to upgrade
the City's Mapping Program by purchasing a Disc Scanner and an Inter-
active Software Package; and,
WHEREAS, the purchase of these items will improve the
search and retrieval process of the Mapping -@ystem fc)r Computer
Terminal users; and,
WHEREAS, the cost of a disc scanner and an interactive
Software Package is $33,060; and,
WFIEREAS, the Department of Public Works, Bureau of Surveys
and Mapping has available funds in its personal services of $29,690
that can be transferred to the Department of Data Processing for the
purchase of these items; and,
WHEREAS, the Department of Data Processing has the additional
funds needed for the purchase and the installation of the equipment.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA, that funds of $29,690 be transferred from
the Department of Public Works to the Department of Data Processing
for the purpose of purchasing a Disc Scanner and an Interactive Software
Package.
This Ordinance shall be effective upon date of adoption.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the twenty-third day of June, 1980.
Upon motion by Vice Mayor McCoy, seconded by Councilman Ferrell, City
Council voted to uphold the recommendation of the City Manager and
APPROVE the Ordinance to transfer funds of $29,690 for the purchase
of a Disc Scanner and an Interactive Software Package.
0 6/23/80
7 6 -
Voting: I 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
06/23/80
7 7 -
B I D S
(ITEM II-H.l.c.1) ITEM #15301
The following bids have been received for the Green Run-Agagona-
Princess Anne Sanitary Sewer Facilities:
Pump Station 36-A, 74-A, 92-A
Crowder Contracting Company, Inc. $148,950.00
Woodington Electric, Inc. $172,850.00
Warwick Plumbing & Heating Corp. $184,851.00
Engineer's Estimate $165,000.00
Pump Station 21-C and 35-C
Luke Construction Company, Inc. $ 20,000.00
Gavco Corporation $ 2 0 , 3 5 5 . 0 0
Woodington Electric, Inc. $ 2 2 , 2 9 2. 0 0
Crowder Contracting Company, Inc. $ 22,300.dO
Engineer's Estimate $ 20,200.00
Pump Station 39-C
Crowder Contracting Company, Inc. $ 88,800.00
Luke Construction Company $127,250.00
Woodington Electric, Inc. $140,484.00
Engineer's Estimate $ 75,000.00
Pump Station 19-C and 29-C
Vloodington Electric, Inc. $ 53,337.00
Crowder Construction $ 57,700.00
Luke Construction Company $ 64,000.00
Engineer's Estimate $ 65,000.00
Bow Creek Force Main
A & W Contractors, Inc. $ 92,208.70
Carter-Bell Corporation $ 92,334.00
Inner-View, Ltd. $ 98,674.00
Basic Construction Company $108,572.00
A. Stanley Mundy and Company $109,125.00
Vico Construction Company $109,723.70
M. E. Wilkins, Inc. $112,767.45
Suburban Grading & Utilities, Inc. $120,027.00
Floyd B. Smith Contracting Company $141,338.20
Engineer's Estimate $120,941.44
0 6/23/80
7 8-
Upon motion by Councilman Baum, seconded by Councilman Payne, City
Council voted to uphold the recommendation of the City Manager and
APPROVE the following low bids for the Green Run-Aragona-Princess
Anne Sani tary Sewer Faci 1 i ties; and , further autho rized the City
Manager to enter into the necessary agreements for the implementation
of these projects:
Crowder Contracting Company, Inc., in the amount of
$148,950.00 for Pump Station 36-A, 74-A and 92-A;
Luke Construction Company, Inc., in the amount of
$20,000.00 for Pump Station 21-C and 35-C;
Crowder Contracting Company, Inc., in the amount of
$88,800.00 for Pump Station 39-C;
Woodington Electric, Inc., in the amount of $53,337.00
for Pump Station 19-C and 29-C; and,
A & W Contractors, Inc., in the amount of $92,208.70
for the Bow Creek Force Main.
Voti n g 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,
Mey era E . Ob ern do rf , J . Curt is Payne , Ro ger L .
Riggs, and Mayor Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
None
0 6/23/80
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(ITEM II-H.l.c.2) ITEM #15302
Upon motion by Councilman Ferrell, seconded by Councilman Holland,
City Coun ci I voted to upho l d the recommendation of the City Manager
and DEFER UNTIL JULY 7, 1980, the low bid of M. E. 1,4ilkins, Inc.,
in the amoun t of $1 1 2 997 . 58 for the B radford Terrace S ani tary
Sewer Fa ci Ii ties.
Voting: 11 - 0
Council Members Voting Aye: for deferral
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. Stahding
Council Members Voting Nay:
None
Council Members Absent:
None
0 6/23/80
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C I T Y C 0 D E A M E N D M E N T S
(ITEM II-H.2.b) ITEM #1 5303
AN ORDINANCE TO AMEND AND REORDAIN CHAPTER
7 OF THE CODE OF THE CITY OF VIRGINIA BEACH
BY ADDING THERETO ARTICLE V PERTAINING TO
MOPED RENTAL BUSINESSES.
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That Chapter 7 of the Code of the City of Virginia Beach
is hereby amended by adding thereto the following Article:
ARTICLE V. MOPED RENTAL BUSINESSES
Section 7-28. Definition.
(1) Moped - a bicycle propelled by a helper motor rated
1 ess than one brake horsepower, which produces only
ordinary pedaling speeds up to a maximum of twenty (20)
miles per hour.
Section 7-29. Sign Required on Premises.
Each owner of a business intending to rent or lease mopeds to
the public shall post a clearly legible sign in a prominent place on his
premises where said sign will be seen and read by a reasonably observant
customer. Such siqn will contain the fol lowing information:
1 Must be 16 years or older to operate moped.
(2) Valid identification required of all customers.
( 3 ) Customers must be familiar with and obey traffic
laws. Violations will be prosecuted by police.
(4) Riding is prohibited on the Boardwalk, beach and
sidewalks. It shall be unlawful for any owner of a moped
rental business to operate said business without complying with the
provisions of this Section.
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Section 7-30. Illegal Rentals.
It shall be unlawful for an owner, manager, operator or
employee of a moped rental business to:
(a) Lease or rent a moped to anyone under sixteen (16)
years of age.
( b )Lease or rent or offer to rent a moped not in compliance
with the equipment, licensing and registration requirements
of this ter.
(c) Lease or rent or offer to rent a moped which produces
ordinary pedaling speeds in excess of twenty (20) miles per
hour on a level surface.
Section 7-31. Penalty.
Any person who shall violate any provisions of this Article
shall be guilty of a Class IV misdemeanor.
This Ordinance shall be effective 30 days from the date
of its adoption.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the Twenty-third day of June, 1980.
Mr. Bill West, operator of a moped business on Fourth Street, appeared
regarding this matter.
Upon motion by Councilman Ervin, seconded by Vice Mayor McCoy, City
Council voted to uphold the recommendation of the City Manager and
APPROVE the Ordinance to amend and reordain Chapter 7 of the Code
of the City of Virginia Beach by adding thereto Article V pertaining
to moped rental businesses.
Voting: I I - 0
0 6/23/80
8 2 -
Council Members Voting Aye:
John A. B aum , F. Rei d Erv i n , George R . Ferrel I
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
*COUNCILMAN RIGGS VOICED A VERBAL "AYE".
0 6/23/80
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(ITEM II-H.2.b.a) ITEM #15304
AN ORDINANCE TO AMEND AND REORDAIN SECTION
20-59.2 OF THE CODE OF THE CITY OF VIRGINIA
BEACH PERTAINING TO INSURANCE REQUIRED FOR
CERTAIN VEHICLE RENTAL BUSINESSES.
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That Section 20-59.2 of the Code of the City of Virginia
Beach is amended and reordained as follows:
Section 20-59.2. Certificate of Insurance Required For Certain
Vehicle Rental Businesses.
No license shall be issued for the rental of self-propelled
vehicles having less than four (4) wheels until the applicant therefor
shall have presented a certificate, approved by the City Attorney as
to form and surety, of personal liability insurance coverage in the
amount of One Hundred Thousand Dollars ($100,000) per person and
Three Hundred Thousand Dollars ($300,000) per accident and property
damage liability insurance in the amount of Ten Thousand Dollars
( $ 1 0 , 0 0 0 ) .For the purposes of this Section the term self-propelled
vehicles having less than four (4) wheels shall include mopeds as
defined in Section 7-28 of the Code of the City of Virginia Beach.
This Ordinance shall become effective upon date of adoption.
DEFERRED FOR SIXTY (60) DAYS: 23 June 1980
Adopted by the Council of the City of Virginia Beach,
Virginia, on the day of _ 1 1980.
Mr. Bill West, operator of a moped business on Fourth Street, appeared
regarding this matter.
06/23/80
- 8 4 -
Upon motion by Councilman Ervin, seconded by Councilman Riggs, City
Co uncil voted to DE FE R UNTIL AUGUST 25 , 1 980 the Ordinan ce to amend
and reordain Section 20-59.2 of the Code of the City of Virginia
Beach, Virginia, pertaining to insurance required for certain vehicle
rental businesses.
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
Council Members Voting Nay:
None
Council Members Absent:
None
*COUNCILWOMAN OBERNDORF VOICED A VERBAL "AYE".
0 6/23/80
85 -
(ITEM II-H.2.c) ITEM #15305
AN ORDINANCE TO AMEND AND REORDAIN SECTION
13 OF THE ORDINANCE DATED MARCH 17, 1975,
RELATING TO CABLE TELEVISION FRANCHISE.
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
WHEREAS, by Ordinance, dated March 17, 1975, Council set
forth the terms and conditions upon which a Cable Television
Franchise would be granted by the City of Virginia Beach; and,
WHEREAS, on May 17, 1976, Council awarded said Franchise,
pursuant to the terms and conditions of the above noted Ordinance,
to Cox Cable Television; and,
WHEREAS, the City and the Grantee desire to change the
provisions of Section 13A, as amended on December 18, 1978, and
Section 13D of the above noted Ordinance of March 17, 1975, the
Grantees consent being evidenced by the letter of its duly authorized
corporate officer attached hereto..
NOW, THEREFORE, BE IT QRDAINED THAT Section 13A, as amended
on December 18, 1978, and 13D of the above noted Ordinance of March
17, 1975, are hereby amended and reordained as follows:
13. Security Fund.
A. Delete the last sentence which reads:
;t446--ff aR4gh4Se -@s-4A-et-feGt .
0 6/23/80
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D The cash deposit and accrued interest thereon and
and the construction performance bond and operating
performance bond posted pursuant to paragraph A of this
Section is cancel ed by reason of default of the Grantee. The
cash deposit shall be retained by the City and returned to
the Grantee at th e expiration of the franchise provided
there is then no outstanding default on the part of the
Grantee.
This Ordinance shall become effective upon date of adoption.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the twenty-third day of June, 1980.
Upon motion by Councilman Ferrell, seconded by Councilman Holland,
City Council voted to uphold the request of the City Manager and
APPROVE the Ordinance to amend and reordain Section 13 of the
Ordinance dated tlarch 15, 1975, relating to Cable Television Franchise.
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
Council Members Voting Nay:
None
Council Members Absent:
None
06/2 3/80
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B 0 A R D S A N 0 C 0 M M I S S I 0 N S
(ITEM II-I.1) ITEM #15306
Upon motion by Coun ci I woman Oberndor f , secon ded by Cou nc i 1 man Ferrel 1
City Council voted to APPOINT Colonel Carl J. Nagle to the MINIMUM
HOUSING BOARD OF APPEALS for a two-year term beginning July 1, 1980
and terminating June 30, 1982; and, REAPPOINTED the following for
terms of two-years , beg in ning Jul y 1 , 1 980 and end i ng June 30 , 1 982
Mr. Douglas Blankenship
Mrs . Betty Romulus
Mr. Floyd E. Waterfield, Jr.
Vo tin g 1 1 - 0
Council Members Voting Aye:
John A. Baum, F. Re i d Ervin, George R. Ferrel I ,
Barbara M. Henley, Clarence A. Holland, Vice
Mayor J. Henry McCoy, Jr., Donald W. Merrick,
Meyera E. Oberndorf, J. Curtis Payne, Roger L.
L. Riggs, and Mayor Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
None
0 6/23/80
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(ITEM II-I.2) ITEM #15307
Upon motion by Councilman Ervin, seconded by Councilwoman Oberndorf,
City Council voted to REAPPOINT the following to the SOCIAL SERVICES
BOARD for terms of four (4) years, beginning July 1 , 1980 and ending
.June 30, 1984:
Mrs. Eileen K. Ayvazian
Mr. C. S. Cashman
Voting: 111-0
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
0 6/23/80
89-
(ITEM II-1.3) ITEM #15308
Upon motion by Councilwoman Oberndorf, seconded by Vice Mayor McCoy,
City Council voted to APPOINT Robert W. Clyburn to the SOUTHEASTERN
VIRGINIA PLANNING DISTRICT COMMISSION for a term of th re e 3) years ,
begi nnin g July 1 , 1 980 and ending June 30 , 1 983
Vo tin g 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
Council Members Voting Nay:
None
Council Members Absent:
None
06/23/80
9 0 -
0 L D B U S I N E S S
(ITEM II-J.1) ITEM #15309
City Attorney Bi mson presented the fol I owi ng ruiing at the requ es t
of Mayor Patri ck L . Stan di ng con cernin g Rober t's Rul es of Order
and a rul ing made by the Mayor during the meeting of 16 June 1980
regarding the "Our Own" publication.
"The ruling was proper. According to Robert's
Rules of Order the Mayor does have such authority,
be ing vested as Ch ai rman of this Assembly , an d I
recommend to the City Manager that the decision
of the Li brary Board the Mayor b as ed his rul i ng
on, be implemented when the Minutes were approved
today (23 June 1980)."
ITEM #15310
Upon motion by Councilwoman Oberndorf, seconded by Councilman Riggs
City Council voted to hold a Regular Meeting on 7 July 1980 for the
purpose of reorganization and other pertinent matters of Council.
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
Council Members Voting Nay:
None
Council Members Absent:
None
0 6/23/80
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ITEM #1 531 1
Council woman Oberndor f compl emen ted the Pu bl ic In formation Office
on the work they put into the Virginia Beach Almanac, which was
published in the newspaper, an insert in the BEACON.
ITEM #15312
Co un c i 1 man H ol 1 and advi sed Coun ci 1 of the pro bl ems he was ex perien ci ng
with the motions Council has been making the past several weeks, and
wo ul d ho pe that , that type of ac tion wi I 1 not be taki ng place at
the future meetin gs of City Co unci 1 .
ITEM #15313
Upon motion by Councilman Payne, seconded by Councilman Riggs, and
by UNANIMOUS vote, the meeting adjourned at 9.-15 p.m.
Diane M. Hickman, Deputy City Clerk
Ruth Hodges@Smith, City Clerk @a37or Patri( 9
City of Virginia Beach,
V i r g i n i a
23 June 1980
h
6/2 3/80