MARCH 4, 1985 MINUTESC/TY COUNCIL
City of Virginia
MAYOR I'L4~OLD I;]~ISCI']O~ER. At ~
VICE.MAYOR ]~.BA $, McC~, ~ A~ ~
JO~ A. ~. ~ ~
N~CY A. ~CH, At ~
RO~T E. ~, V~ ~ ~h
H. JACK ~O$, JR., L~ ~h
LOU~ R. JO~, ~ ~
ROBERT G. JO~S, At ~ge
J. HENRY McGOY, JR., K~ ~k
RUTH HODGES SMITH, CMC, Cit~ (3z. rk
"WORLD'S LARGEST RESORT CITY"
CITY COUNCIL AGENDA
~.~1 CITY HALL BUILDING
MUNIC~AL CENTER
VIRGINIA BE, ACH, VIRGINIA
March 4, 1985
Virginia Beach City Council
~O~SHOP: Back Bay ~anagement Plan/Land Use Planning
CO~CIL APPOINTEE EVALUATION
10 AM
12 NOON
ITE~ I. ~EBTING OF VIRGINIA BEACH CITY COUNCIL - Conference Room - 1 PM
A. CALL TO ORDER -Mayor Harold Heischober
B. ROLL CALL OF COUNCIL
C. MOTION TO RECESS INTO EXECUTIVE SESSION
ITEM II. REGULAR SESSION OF VIRGINIA BEACH CITY COUNCIL - Council Chambers - 2 PM
A. INVOCATION: Father Canice Welsh
Saint Gregory the Great Catholic Church
B. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
C. ELECTRONIC ROLL CALL OF CITY COUNCIL
D. CITY ~4qNAGER'S ADMINISTRATIVE ITEMS
1. Review of Consent A~enda
E. MAYOR/COUNCIL - DISCUSSION OF PERTINENT MATTERS
F. MINUTES
1. Motion to accept/approve the Minutes of February 25, 1985.
G. PLANNING
Ordinance closing, vacating and discontinuing a portion of
Huntsman Drive (formerly Denver Avenue) in the petition of
Rudgins and Associates (Lynnhaven Borough).
(This item was deferred February 4, 1985 until March 4,
1985.)
The recommendation of the Planning Commission
was for approval. The Viewers declare this would
be a public inconvenience. The City Manager's
letter requests this item be deferred indefinitel~.
H. CONSENT ACENDA
Ail matters listed under the Consent Agenda are considered in
the ordinary course of business by City Council and will be
enacted by one motion in the form listed. If an item is
removed from the Consent Agenda, it will be discussed and
voted upon separately.
Resolution of the Council of the City of Virginia Beach,
Virginia amending the lease of April 10, 1965 pertaining
to certain real estate owned by the Commonwealth of
Virginia, Department of Military Affairs (Pendleton
School Site).
Resolution approving the application of Norfolk General
Hospital Cardiac Catheterization Laboratory for a permit
to operate an Advanced Life Support transport van.
Resolution authorizing the City Manager to execute a
contract with the City of Norfolk for continued
participation in the total recall of adult criminal
element record system (TRACER).
Ordinance to amend and reordain Section 18-29(b) of the
Code of the City of Virginia Beach pertaining to
examination and audit of licensee's records.
Ordinance to amend and reordain Section 18-16 of the Code
of the City of Virginia Beach, Virginia, pertaining to
penalties and interest for late payment of business
license tax.
Ordinance to amend and reordain Chapter 2 of the Code of
the City of Virginia Beach, Virginia, by adding Sections
2-119 and 2-120 pertaining to employee sick leave.
Ordinance, on SECOND READING, to appropriate funds of
$12,000 to support the concept of building a stadium in
the Hampton Roads area.
Ordinance, on SECOND READING, to appropriate funds of
$50,000 for the purchase of a computerized management
system for Tidewater Virginia Alcohol Safety Action
Program (TVASAP).
Ordinance to accept and appropriate funds of $39,900 from
R.G. Moore Building Corporation to Project #4-809
Rosemont Forest Park.
10.
Ordinance to transfer $260,000 from Water and Sewer
Capital Projects Fund to cover unanticipated costa for
various small line improvements.
11.
12.
13.
14.
15.
16.
Ordinance to transfer funds of $19,457 within the Public
Works Department to provide for replacement of a signal
truck.
Ordinance to transfer funds of $12,591 within the Public
Works Department to provide for replacement of a van and
lift.
Ordinance to accept the bid for medical services at the
Virginia Beach Correction Center subject to satisfactory
contract ($243,824).
Ordinance to authorize and direct the City Manager to
proceed with water service to Taylor's Point Road.
l~ffle Permit: Virginia Beach Maritime Historical
Museum, Inc.
Request of the City Treasurer for tax refunds in the
amount of $5,829.83.
I. UNFINISHBD BUSINESS
N~ BUSINg$S
1. Interim Financial Reports July 1, 1984 through January 31,
1985.
K. ADJOURNMENT
1. Motion to adjourn.
-6-
Item II-F.2
MINUTES
ITEM # 23345
Upon motion by Councilman Louis Jones, seconded by Councilman Fentress, City
Council AMENDED the Minutes of March 4, 1985, as per the following:
ITEM # 23292 - Ordinance, on FIRST READING, to ~am$~e~ appropriate
$260,000 from Waee~-am~-$ewe~-~p~a½-P~o~ee~-~d
Water and Sewer Retained Earnings to the Water and
Sewer Capital Projects Fund to cover unanticipated
costs for various SMALL LINE IMPROVEMENTS.
This Ordinance was ADOPTED in error on March 4, i985. This Ordinance should have
been APPROVED on FIRST READING, as same was an APPROPRIATION rather than a TRANSFER.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R.
Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, and
Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent
None
Council Members Abstaining
J. Henry McCoy, Jr., D.D.S.
March 18, 1985
MINUTES
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
BRIEFING
BACK BAY MANAGEMENT PLAN
March 4, 1985
10:00 a.m.
The BRIEFING concerning the BACK BAY MANAGEMENT PLAN was called to order by
Mayor Harold Heischober in the Conference Room, City Hall Building, on Monday,
March 4, 1985, at 10:00 in the morning.
The City Manager introduced Robert J. Scott, Director of Planning, who in turn
introduced Jack Whitney, Chief of Comprehensive Planning, who presented the
BACK BAY MANAGEMENT PLAN.
The two-year investigation into Back Bay has been concluded. The City re-
ceived the final report. The report, called a PLAN, proposes a course of
action and is composed of two volumes. The majority of the technical analysis
is included in Volume II rather than Volume I. Volume I is mainly a summary
document. This is all about the Back Bay watershed and it represents a very
substantial portion of the City of Virginia Beach, approximately 100 square
miles of land and water area which is about a third of the entire area of
Virginia Beach. About 60% of this is water surface, the remaining 40% land
area which drains into the water surface. Back Bay is a very shallow hovel,
it's average is only 4.4 feet in depth. Average annual rainfall in Virginia
Beach would indicate the entire water volume of Back Bay is replaced once a
year with the rainfall that falls on the watershed. The basic finding in the
PLAN having to do with Back Bay in ecological terms is best summarized by the
word "precarious". Consultants found that although there are problems in Back
Bay from an ecological standpoint, water quality, species diversity and so forth,
those problems are not as significant as in other water bodies, some not too
far from Back Bay. Due to the nature and location of Back Bay watershed and
the urbanization of surrounding areas, north and west of Back Bay, this watershed
is situated strategically for change and the PLAN was conducted prior to changes
taking place, arming the City with the necessary tools, strategies and recommen-
dations that can hopefully accommodate a level of change desired in a manner which
will not result in undue adverse impacts. The PLAN is the first step in an en-
volving and on-going continuing management of the Back Bay watershed. That
management, as the consultants, both Roy Mann and Associates and Jason Cortell
and Associates have reported is very complicated. There are a lot of different
areas that have to be explored, within each one many different actors, agencies
involved, certain traditional ways of doing things that may have to be reviewed.
We have here the major categories in which recommendations were developed: Urban
development strategies, water quality and salinity control, agricultural factors,
erosion/sediment control, recreational impacts and floodplain management. In
urban development strategies, three alternative pages of recommendations have
been set forth and the choice is the City's as to which tier of management will
be applied to Back Bay. Water quality and salinity control for about 21 years
has been artifically attempting to maintain brackishness in Back Bay through
the use of salt water pumped from the ocean at Little Neck Park directly into
Back Bay. It is a good idea to attempt to maintain some salinity in Back Bay.
March 4, 1985
- 2 -
BRIEFING
BACK BAY MANAGEMENT PLAN
(Continued)
It will actually accomplish or foster water quality advantages. The Consultant
recommended that the City extend the outfalls 6,000 feet into an area of Back
Bay where the circulation is stronger. In addition, they recommended a schedule
of pumping that is water demand oriented. Run-off and pollution can be controlled
for the purpose of enhancing water quality through the use of best management
practices in both urban and agricultural development. Agriculture is a major
land user in the watershed. Erosion and sediment control with the introduction
of such things as filter strips, retention ponds, development outside of a
floodplain are all practices that bind useful application in this watershed and
are recommended strongly in the PLAN. A very large portion of the Back Bay water-
shed is floodplain. Most of those areas are marsh lowlands. Much of the area
that is now under cultivation also falls in floodplains and recognizes certain
traditional practices need to be applied in those areas to prevent siltation,
erosion and so forth, for the benefit both of the farm and of the quality of Back
Bay. What develops is a tiered approach to what can be done in terms of managing
urbanization in the watershed. Tier one, "The Land Management Enhancement
Strategy", requires no new programs, policies or ordinances above and beyond the
ones the City already has but relies more on enhancing those policies, ordinances, so
forth, and programs that we do now have in place in the watershed. The "Green
Line" was a term coined by Roy Mann during the course of this study effort.
Tier Two which is an "Improved Land Management Tools Strategy" which requires a
little more than enhancement of what we are currently doing. Probably the most
important under Tier Two would be the creation of a Back Bay Management District
which would be in the nature of an overlay zoning district in the watershed
which would add another level of protection and requirements over development
or zoning changes in the watershed. Tier Three is "Protective Watershed Management".
Back Bay is not simply Virginia Beach's domain. Federal, state and regional agencies
all either have land in the watershed or a statutory interest in the management of
those lands within the watershed. Any implementation of the recommendations in
this PLAN in the watershed would of necessity need to be through a variety of
agencies and levels of government. For example, Urban Development, certainly many
of the local departments would be involved in the implementation of those strat-
egies as well as certain regional and State agencies. Agricultural practices would
have to involve the City's Agriculture Department, the regional Water Quality Agency,
State Water Control Board and Soil Conservation Service at a minimum. Implementation
of the Back Bay Plan is complicated. As a PLAN, it does serve as a formidable
point of departure for Virginia Beach as the lead agency. From an enviornmental
standpoint, the majority of what happens in the waters of Back Bay originates in
the land area that drains into the Bay and it would emphasize controls over those
lands primarily. There is a similarity between Back Bay and the North Landing River.
A great many of the recommendations set forth for Back Bay could apply to the
North Landing situation. The district should follow the watershed boundaries.
The watershed boundaries, for the purpose of this PLAN, are defined using Dam Neck
Road to the north, Oceana Boulevard, Princess Anne Road to the west, the North
Carolina line to the south and False Cape to the east. Some of the recommendations
can be implemented administratively, requiring no changes in ordinances or policy.
Any Code section that would need amending would be preceded by a public hearing.
"A Management Plan for Back Bay, Volume I and Volume II, are hereby made a part
of the record.
March 4, 1985
MINUTES
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
BRIEFING
CONSULTANT STUDY ON AREAS SOUTH OF THE GREEN LINE
March 4, 1985
11:00 a.m.
The BRIEFING, concerning the CONSULTANT STUDY ON AREAS SOUTH OF THE GREEN LINE, was
called to order by Mayor Harold Heischober in the Conference Room, City Hall
Building, on Monday, March 4, 1985, at 11:00 in the morning.
The City Manager introduced Robert J. Scott, Director of Planning, who presented
the CONSULTANT STUDY.
A City Council Ordinance adopted in January, which makes reference to a "land
use implementation plan", sets forth a scheduled transition containing a
phased sequence of growth in which the City was assured that roads, sewers, water,
schools, police and fire protection and other municipal services would be provided
to meet the needs of urbanized areas. The Staff has met with Harland & Bartholomew
and Associates, the City's consultant on the Master Street and Highway Plan, to
determine the feasibility of including the study of areas south of the "Green
Line" in their report to City Council by December 1, 1985. In studying the City's
options with respect to expansion southward of the urbanized areas, the City needs
a "good handle" on the transportation system. If there is a maximum interplay
between those two efforts, the advantages will be significant in having the same
agency or group do both parts.
Planning Director Robert Scott identified nine variables:
The level of funding Council chooses to devote to the
improvement of roads and to other supporting facilities
throughout the City.
The standard of adequacy Council wishes to achieve, not
only in the area south of the Green Line, but on a city-
wide basis, and, not only for the City as a whole, but
for each individual facility.
The range of services that should be addressed in order to
achieve a situation deemed to be adequate. Whether Council
decides to hinge its decisions only on the adequacy of roads
or whether it decides to hinge the decision on the adequacy
of roads plus numerous other support facilities, will be a
critical question in this analysis.
o
The acceptability of time delay. If the City Council is
willing to wait 11-12 years between the time certain faci-
lities become inadequate and the time that construction be-
gins to relieve that inadequacy such as is the case now with
roads in Virginia Beach, or whether Council wishes to strive
for a lesser time delay, will be a critical question in this
analysis.
March 4, 1985
- 2 -
BRIEFING
CONSULTANT STUDY ON AREAS SOUTH OF THE GREEN LINE
(Continued)
The growth rate. Over the past decade or so, our growth
rate in Virginia Beach has been about 4,500 dwelling units
per year but in the last two years, we have grown at nearly
twice that rate. It would appear to me that the rate at
which the City grows over the next several years will have
an important bearing on the question at hand.
CIP project ranking philosophy. Given the amount of money
to be spent by the City Council in accordance with the first
variable listed above, there are numerous ways to allocate
that expenditure in order to satisify needs in various
areas of municipal endeavor such as in roads, parks, schools,
water and sewer, or general building construction. How the
City Council decides to allocate its available funds among
these categories and how City Council decides to rank pri-
orities or projects within each of these categories will,
it would appear to me, have a great deal to do with the
efficiency with which we are able to alleviate inadequacies.
Density above the Green Line. For the time being, I feel
that we can take the City Council's recently adopted Com-
prehensive Plan as a given in this regard. However, should
there be any change in attitude by the Council on this topic
in the future, it will be wise to have included some concerns
for the level of density north of the Green Line, since it
would appear that this would have some significant bearing
upon the adequacy of the road system and probably the adequacy
of other supporting systems, as well.
The nature of the roadway network. Since we need to have a good
idea of how much money we should spend on road improvements each
year, we also need a good idea of what roadway network we will
be spending this money on. This question is, of course, ideally
answered by the project for which we are about to contract with
you.
The timing and extent of growth below the Green Line. This would
appear to be the variable most directly related to Council's re-
cently expressed question and it would seem that variable values
assigned to the eight factors listed above will result in variable
· values for this particular factor.
ADDED:
10. Water availability.
This Study should deal with the fiscal and land use implications of making certain
decisions, assuming the legal aspects are in order. The City may consider the
capability of moving the "Green Line" approximately a '~housand acres at a time.
By CONSENSUS, the Staff was directed to proceed wih the Request for Proposal
(RFP) to HARLAND BARTHOLOMEW AND ASSOCIATES and any negotiations will be brought
back to City Council.
March 4, 1985
MINUTES
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
March 4, 1985
The Regular Meeting of the Council of the City of Virginia Beach, Virginia
was called to order by Mayor Harold Heischober in the Conference Room, City
Hall Building, on Monday, March 4, 1985, at 12:40 in the afternoon.
Council Members Present:
John A. Baum, Nancy A. Creech, Robect E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R.
Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, and
Meyera E. Oberndorf
Council Members Absent:
J. Henry McCoy, Jr., D.D.S.
March 4, 1985
- 2 -
ITEM # 23275
Mayor Heischober entertained a motion to permit Council to conduct its EXECU-
TIVE SESSION pursuant to Section 2.1-344, Code of Virginia, as amended, for
the following purposes, to be followed by the REGULAR MEETING.
PERSONNEL MATTERS: Discussion or consideration of employment,
assignment, appointment, promotion, performance, demotion,
salaries, disciplining or resignation of public officers,
appointees or employees.
e
LEGAL MATTERS: Consultation with legal counsel or briefings
by staff members, consultants or attorneys, pertaining to
actual or potential litigation, or other legal matters within
the jurisdiction of the public body.
Upon motion by Councilman Baum, seconded by Councilman Fentress, City Council
voted to proceed into the EXECUTIVE SESSION to be followed by the REGULAR
SESSION.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R.
Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, and
Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
J. Henry McCoy, Jr., D.D.S.
In compliance with Section 2-89 of th~ Code of the City of Virginia Beach, Virginia,
City Council EVALUATED their APPOINTEES under PERSONNEL MATTERS.
March 4, 1985
-3 -
REGULAR SESSION
VIRGINIA BEACH CITY COUNCIL
March 4, 1984
2:00 p.m.
Mayor Harold Heischober called to order the Regular Session of the Virginia
Beach City Council in the Council Chambers, City Hall Building, on Monday,
March 4, 1985, at 2:00 in the afternoon.
Council Members Present:
John A Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R.
Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, and
Meyera E. Oberndorf
Council Members Absent:
J. Henry McCoy, Jr., D.D.S.
INVOCATION:
Father Canice Walsh
Saint Gregory the Great Catholic Church
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
March 4, 1985
- 4-
CITY MANAGER'S ADMINISTRATIVE AGENDA
Item II-D.1
PLANNING
ITEM # 23276
The City Manager referenced a correction to an Ordinance closing, vacating
and discontinuing a portion of HUNTSMAN DRIVE (formerly Denver Avenue) in
the petition of HUDGINS AND ASSOCIATES (Lynnhaven Borough) (See Item II-G.1
of the Planning Agenda).
The recommendation of the Planning Commission was not for APPROVAL as stated
in City Council's Agenda. The Planning Commission's vote was five (5)
to APPROVE the Street Closure, five (5) Against, and one (1) Abstention,
therefore, no recommendation was forwarded.
Item II-D.2
CONSENT AGENDA
ITEM # 23277
The City Manager referenced a Resolution of the Council of the City of Virginia
Beach, Virginia, amending the lease of April 10, 1965, pertaining to certain
real estate owned by the Commonwealth of Virginia, Department of Military
Affairs (Pendleton School Site) (See Item II-H.1 of the Consent Agenda).
This particular item is awaiting an AGREEMENT from the City Attorney's Office
for consideration by City Council, and INDEFINITE DEFERRAL is requested.
The City Manager further referenced an Ordinance to amend and reordain Chapter
2 of the Code of the City of Virginia Beach, Virginia, by adding Sections 2-119
and 2-120 pertaining to EMPLOYEE SICK LEAVE (See Item II-H.6 of the Consent
Agenda).
The City Manager requested DEFERRAL of thirty (30) days so copies of corres-
pendence from City Employees regarding this Ordinance may be forwarded to City
Council.
The City Manager advised an Ordinance, on SECOND READING, to appropriate funds
of $12,000 to support the concept of building a STADIUM in the Hampton Roads
area (See Item II-H.7 of the Consent Agenda), did not require a SECOND READING,
as the funding is a TRANSFER rather than an APPROPRIATION.
Item II-D.3
CONSENT AGENDA
ITEM # 23278
Councilman Fentress referenced an Ordinance to amend and reordain Section 18-29(b)
of the Code of the City of Virginia Beach pertaining to examination and audit
of LICENSEE'S RECORDS. Councilman Fentress inquired as to the reduction from
25% to 10% the penalty imposed in connection with willfully incorrect reports
or returns in connection with business license tax assessments. (See Item
II-H.4 of the Consent Agenda).
The City Attorney advised this is actually an addition of interest which will
be penalty plus interest equal to the established 25%.
March 4, 1985
MAYOR/COUNCIL - DISCUSSION OF PERTINENT MATTERS
Item II-E.1
TRANSPORTATION AND
COMMUNICATIONS STEERING
COMMITTEE
ITEM # 23279
Mayor Heischober referenced Councilman Robert G. Jones APPOINTMENT to the
TRANSPORTATION AND COMMUNICATIONS STEERING COMMITTEE by the NATIONAL
LEAGUES OF CITIES' STEERING COMMITTEE Chairperson, Mayor Bob Bolen
of Fort Worth, Texas, and extended Council's congratulations.
March 4, 1985
-6,¸
Item iI-F.1
MINUTES
ITEM # 23280
Upon motion by Councilwoman Henley seconded by Councilwoman Oberndorf,
City Council AMENDED the Minutes of February 25, 1985, as follows:
ITEM # 23247 (ORDINANCE UPON APPLICATION OF CATHOLIC FAMILY
AND CHILDREN'S SERVICE FOR A CHANGE OF ZONING DISTRICT
CLASSIFICATION FROM R-5 TO 0-1)
This item will include the AGREEMENT Proffered by CATHOLIC
FAMILY AND CHILDREN'S SERVICE as part of the proceedings.
(A copy of that PROFFER and the February 25, 1985 letter from their Board of
Directors is also hereby made a part of the record of this meeting).
Voting: 9-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E.Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Robert G.
Jones, Vice Mayor Reba S. McClanan, and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Abstaining:
Louis R. Jones
Council Members Absent:
J. Henry McCoy, Jr., D.D.S.
March 4, 1985
- 7 -
Item II-G.1
PLANNING
ITEM # 23281
Attorney Bruce B. Mills represented the applicant and referenced letter from
adjoining property owners, Pretman - Colonna and Associates, dated January 22,
1985, supporting the Street Closure of HUDGINS AND ASSOCIATES (Said letter
is hereby made a part of the record). He further indicated the applicant was
willing to allow the City to reserve utility easements over the entire width
of the right-of-way.
Upon motion by Councilman Jennings, seconded by Councilwoman Oberndorf, City
Council DEFERRED until the City Council Meeting of March 11, 1985, an Ordinance
upon application of HUDGINS AND ASSOCIATES for the discontinuance, closure and
abandonment of a portion of HUNTSMAN DRIVE (formerly Denver Avenue) for further
review by the City Attorney.
Application of Hudgins and Associates, A Virginia Corporation,
for the discontinuance, closure and abandonment of a portion
of Huntsman Drive (formerly Denver Avenue) beginning at the
Northern boundary of Brant Road and running a distance of 170
feet more or less in a northerly direction. Said parcel contains
9,000 square feet more or less. LYNNHAVEN BOROUGH.
Voting: 10-0
Council Members Voting Aye:
John A. Baum~ Nancy A. Creech~ Robert E. Fentress~ Mayor Harold
Heischober,*Barbara M. Henley,*H. Jack Jennings, Jr.,*Louis R.
Jones~ Robert G. Jones, Vice Mayor Reba S. McClanan, and
Meyera Eo Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Jo Henry McCoy, Jr., D.D.S.
*Verbal Aye
*City Council's AGENDA was corrected to reflect no recommendation by the Planning
Commission rather than approval
March 4, 1985
- 8-
Item II-G.2
PLANNING
ITEM # 23282
ADD -ON
On August 20, 1984, City Council ADOPTED an Ordinance upon application of
RONALD L. AND HOLLY HALL for a Change of Zoning from R-3 Residential Dis-
trict to B-2 Community-Business District on certain property located along
the north side of Princess Anne Road, west of Oceana Boulevard (Princess
Anne Borough).
APPROVAL of this Change of Zoning was subject to the following conditions:
A 25-foot buffer on Old Princess Anne Road
A plan is to be submitted to the Historic Review
Board, in order that said Board might determine
whether the architecture is compatible with the
area.
The Mayor advised the Historic Review Board in a letter dated February 25, 1985,
from Chairman Michale B. Newbill, APPROVED architecture of the 7-11 at Princess
Anne Road and General Booth Boulevard. (Said letter is hereby made a part of the
record).
March 4, 1985
- 9 -
Item II-H
CONSENT AGENDA
ITEM # 23283
Upon motion by Councilman Robert Jones, seconded by Councilwoman Creech, City
Council APPROVED in ONE MOTION Items 1 through 16 of the CONSENT AGENDA with the
exception of:
Item II-H.1 was DEFERRED INDEFINITELY.
Item II-H.6 was DEFERRED for thirty (30) days.
Item II-H.7 did not require a SECOND READING, as this was a TRANSFER rather than
an APPROPRIATION.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert Eo Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R.
Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, and
Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
J. Henry McCoy, Jr., D.D.S.
March 4, 1985
Item II-H. 1
- 10-
CONSENT AGENDA
ITEM # 23284
Upon motion by Councilman Robert Jones, seconded by Councilwoman Creech, City
Council DEFERRED INDEFINITELY the following:
RESOLUTION OF THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA AMENDING THE LEASE OF APRIL 10, 1965, PERTAINING
TO CERTAIN REAL ESTATE OWNED BY THE COMMONWEALTH OF VIRGINIA,
DEPARTMENT OF MILITARY AFFAIRS (PENDLETON SCHOOL SITE).
This particular item is awaiting an AGREEMENT from the City Attorney's Office
for consideration by City Council°
Voting: 10-0
Council Members Voting Aye:
John Ao Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R.
Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, and
Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
J. Henry McCoy, Jr., D.D.S.
March 4, 1985
- 10a -
DEFERRED
A RESOLUTION OF THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA AMENDING THE
LEASE OF APRIL 10, 1965 PERTAINING TO
CERTAIN REAL ESTATE OWNED BY THE
COMMONWEALTH OF VIRGINIA, DEPARTMENT
OF MILITARY AFFAIRS
WHEREAS, by the Lease Agreement dated April 10, 1975,
recorded in the Clerk's Office of the Circuit Court of the City of
Virginia Beach, Virginia, in Deed Book 1484, at Page 453, the City
is the Lessee of a certain 70.335 acre tract of land as shown in
Map Book 109, at Page 107, and
WHEREAS, by Lease Agreement dated June 17, 1976, recorded
in the aforesaid Clerk's Office in Deed Book 1599, at page 289,
the School Board of the City of Virginia Beach, Virginia is the
Lessee (sub-lessee) of 25.00 acres of the 70.335 acre tract as
shown on a plat recorded in Map Book 116, at page 29.
WHEREAS, a strip of land approximately 40 feet, more or
less, in width and running parallel and contiguous to the eastern
boundary line of the aforesaid property is encumbered by an
easement and improved hard surfaced road the rights to which is
claimed by Holiday Travel Park, and
WHEREAS, the aforesaid encumberance interfers with the
full right and enjoyment of the entire leased property by the City
of Virginia Beach and the School Board of the City of Virginia
Beach, and
WHEREAS, the School Board released, vacated and quit
claimed its interest in the aforesaid encumbered land by Amended
Lease Agreement dated January 15, 1985, and
WHEREAS, it is in the best interest of the City to
release, vacate and quit claim its interest to the aforesaid
encumbered land to the Commonwealth of Virginia.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA:
1. That the City Manager is hereby authorized to
execute, on behalf of the City of Virginia Beach, an agreement
amending the lease with the School Board of the City of Virginia
Beach, and further to execute an agreement amending the lease with
the Commonwealth of Virginia said Agreement dated the __ day of
, 1985, which will release, vacate and quitclaim the
encumbered land from the lease with the Commonwealth dated April
10, 1975.
2. That this Resolution be in effect from and after the
date of its adoption.
Adopted by the Council of the City of Virginia Beach,
Virginia this ~ day of , 1985.
JAR/re
2/25/85
( RES. 3 )
-2-
- 11-
Item II-H.2
CONSENT AGENDA
ITEM # 23284
Upon motion by Councilman Robert Jones, seconded by Councilwoman Creech, City
Council ADOPTED a Resolution approving the application of NORFOLK GENERAL
HOSPITAL CARDIAC CATHETERIZATION LABORATORY for a permit to operate an ADVANCED
LIFE SUPPORT TRANSPORT VAN.
Voting: 10-0
Council Members Voting Aye:
John A~ Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H~ Jack Jennings, Jr., Louis R.
Jones, Robert Go Jones, Vice Mayor Reba S. McClanan, and
Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
J. Henry McCoy, Jr., D.D.S.
March 4, 1985
- lla -
RESOLUTION
WHEREAS, Norfolk General Hospital Cardiac
Catheterization Laboratory has requested a
permit pursuant to Section 10.5-2 of the Code
of Virginia Beach to operate an Advanced Life
Support transport van in the City of Virginia
Beach, and
WHEREAS, it is recommended by the Director
of Emergency Medical Services and the Medical
Director of Emergency Medical Services that such
permit be approved.
NOW, THEREFORE, BE IT RESOLVED .BY THE
COUNCIL OF THE CITY OF VIRGINIA BEACH that the
permit for Norfolk General Hospital Cardiac
Catheterization Laboratory to operate an Advanced
Life Support Unit in the City of Virginia Beach
is approved.
This resolution shall be effective from the
date of its adoption.
Adopted by the Council of the City of
Virginia Beach, Virginia on the day
of March ,
APPROVED AS TO CONTENT
-- SIGNA'I'U~,E "'
- DEP~4~IRTMENT
CiTY A'[TORN£Y
1985.
j cm
March 4, 1985
- llb -
City of Virginia' Beach
EXECUTIVE DEPARTMENT
DIVISION OF EMERGENCY MEDICAL SERVICES
1S17 ARCTIC AVENUE
VIRGINIA BEACH, VIRGINIA 2,4S!
APPLICATION FOR PERMIT
EMERGENCY MEDICAL SERVICES AGENCY OR VEHICLE
(REVISEO 10/84)
In accordance with the provision of the Code of the Ctty of
Vtrgtnta Beach Chapter 10, Sectton 10.5-2, application ts hereby
made to operate an emergency medtcal services agency or vehtcle
in the Ctty of Virgtnta Beach.
REQUEST
New Application
Fee/Charge Increase /'---"T
Request
Vehtcle Increase Request
Other:
ORGANIZATION
NAME OF AGENCY:
ADDRESSS:
/ ) SOLE OWNER
~ CORPORATION
Norfolk General Hospital
600 Gresham Drive~ Norfolk~ Virginia
/ / PARTNERSHIP
· / MUNICIPAL
23507
Owner:
Address:
Owner:
Norfolk General Hospital
600 Gresham Drive
Norfolk, Virginia 23507
Phone:
628-3850.
Address:
Phone:
Officers of Corporation
OR
President: David L. Bernd
Address:
600 Gresham Drive, Norfolk, Virginia 23507
Vice-President:
Address:
Jack McNamara
600 Gresham Drive~ Norfolk, Virginia
23507
March 4, 1985
-4-
*FIXED FEES/CHARGES
The authorized fees/charges authorized by City Counct1 are as
follows:
Basic Ltfe Support
Bastc fee for servtces requested (Includes
ftrst ten (10) mtles from point of patient
ptckup)
$70.~00
Mtleage fee $~.55 per mtle
Oxygen $~.00 per one way trip
Advanced Life Support
Bastc fee for servtces requested (Includes
ftrst ten (10) mtles from point of patient
pickup)
$125.00
Mtleage fee $3.75 per mile
Oxygen $9.00 per one way trip
Invalid Transport
Basic fee for services requested (includes
first ten (10) mtles from point of patient
pickup) $25.00
Mileage fee $1.25 per mile
*MAXIMUM ALLOWABLE
Wheelchair
REQUESTED FEES FOR SERVICES RENDERED
(To be completed by agencies charging fees for services)
/--1~T Agency fees/charges are in accordance to that which are
presently authorized by City Council
The following fees/charges are above that which have been
authorized by City Council and, hence, serve as a
request for increase.
Basic Life Support
Basic fee for services requested (includes first
ten (10) miles, from point of patient pickup) $
Mileage fee $ per mile
Oxygen $
per one-way trip
March 4, 1985
~. O. Bas 313t4
IAchmond, VA 23294-139&
217185
THI~ CERTIFICATE 16 16SI.lED AS A MATTER OF ~'dFORMATION ONLY AND CONFTrJ~
MO RIGHTS UPON TM[ C~RTIFICATE HOLDEA. ~ GEATIFICATE DOES NOT
COMPANIES AFFORDING COVERAGE
U: i'imR B
600 Oredmm I)rfw eo,~ D
BorroW, V& 23507 "*'":"
COd'ANYE
Belch, VA
FEB 15
R~AIQA
8HO4JLD ANY O~ 11E ABOVE DP~I~B~) IKX.K:I~ B~ GAM'~!I rr~ BF-FcM~ TI'E EX'
PIRATION DATE THEREOF, THE ~SUING COMPANY WILL ENDEAV~ TO
~~M~ ~ ~ TO ~ ~~ ~ ~ TO ~
March 4, 1985
- 12-
Item II-H.3
CONSENT AGENDA
ITEM # 23285
Upon motion by Councilman Robert Jones, seconded by Councilwoman Creech, City
Council ADOPTED a Resolution authorizing the City Manager to execute a contract
with the City of Norfolk for continued participation in the total recall of
adult criminal element record system (TRACER).
Voting: 10-0
Council Members Voting Aye:
John Ao Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R.
Jones, Robert G. Jones, Vice Mayor Reba S~ McClanan, and
Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Jo Henry McCoy, Jr., D.D.S.
March 4, 1985
- }2a -
A RESOLUTION AUTHORIZING THE CITY
MANAGER TO EXECUTE A CONTRACT WITH
THE CITY OF NORFOLK FOR CONTINUED
PARTICIPATION IN THE TOTAL RECALL OF
ADULT CRIMINAL ELEMENT RECORD SYSTEM
(TRACER)
WHEREAS, for several years the City of Virginia
Beach has contracted with the City of Norfolk to
participate in the TRACER system, and
WHEREAS, the Virginia Beach Police Department
recommends that the City continue to participate in
this system, and
WHEREAS, the cost to the City of Virginia
Beach to participate in the system for the 1985
fiscal year is $106,068, and
WHEREAS, the necessary funds are available in
the operating budget of the Department of Data
Processing.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL
OF THE CITY OF VIRGINIA BEACH that the City Manager
is hereby authorized to enter into a contract, subject
to Section 2-154 of the Code of the City of Virginia
Beach, Virginia, with the City of Norfolk to
participate in TRACER. Said Agreement is attached
hereto and the same is hereby approved.
This ordinance shall be effective from the date
of its adoption.
Adopted by the Council of the City of Virginia
Beach, Virginia on the 4 L day of Marchi , 1985.
jcm
March 4, 1985
Item II-H.4
- 13 -
CONSENT AGENDA
ITEM # 23286
Upon motion by Councilman Robert Jones, seconded by Councilwoman Creech, City
Council ADOPTED an Ordinance to amend and reordain Section 18-29(b) of the
Code of the City of Virginia Beach pertaining to examination and audit of
LICENSEE'S RECORDS.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R.
Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, and
Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
J. Henry McCoy, Jr., D.D.S.
March 4, 1985
- 13a -
AN ORDINANCE TO AMEND AND REORDAIN
SECTION 18-29(b) OF THE CODE OF THE
CITY OF VIRGINIA BEACH PERTAINING TO
EXAMINATION AND AUDIT OF LICENSEE'S
RECORDS
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That Section 18-29(b) of the Code of the City of
Virginia Beach, Virginia, is hereby amended and reordained as
follows:
Section 18-29. Examination and audit of licensee's records
(b) If, after an investigation, examination of audit
under this section, it shall appear that purchases, sales,
commissions, receipts or other matters pertinent to the
assessment have been incorrectly reported or returned, the
commissioner of revenue shall assess such person with the proper
city license tax. If it shall appear that such purchases, sales,
commissions, receipts or other matters pertinent to such
assessment have been willfully incorrectly reported or returned,
such person shall pay, in addition to such increased license tax
assessed, a penalty of ~we~-~e-~ ten (10) percent.of such
increased assessment. Such ~enalt~ shall become part of the
increased assessment. Interest as provided in $ 18-16 shall also
be added to such increased assessment from the date the increased
assessment would have been due under this chapter had the return
been correctl~ reported. Any incorrect report of return shall be
deemed prima facie willful.
Adopted by the Council of the City of Virginia Beach,
Virginia, this
MES/re
2/6/85
(G)
4 day of March , 198~3
Note:
See Section 58.1-3916
Code of Virginia, as amended
APPROVED AS TO CONTENT
As To
March 4, 1985
- 14-
item II-H.5
ITEM # 23287
CONSENT AGENDA
Upon motion by Councilman Robert Jones, seconded by Councilwoman Creech, City
Council ADOPTED an Ordinance to amend and reordain Section 18-16 of the Code
of the City of Virginia Beach, Virginia, pertaining to penalties and interest
for late payment of BUSINESS LICENSE TAX.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R.
Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, and
Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
J. Henry McCoy, Jr., D.D.S.
March 4, 1985
- 14a -
Requested by:
Commissioner of Revenue
AN ORDINANCE TO AMEND AND REORDAIN
SECTION 18-16 OF THE CODE OF THE
CITY OF VIRGINIA BEACH, VIRGINIA,
PERTAINING TO PENALTIES AND INTEREST
FOR LATE PAYMENT OF BUSINESS LICENSE TAX
BE IT ORDAINED BY TME COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That Section 18-16 of the Code of the City of Virginia
Beach, Virginia, is hereby amended and reordained as follows:
Section 18-16. Penalties and interest for late payment of tax.
(a) In addition to any fine imposed for a violation of
this chapter, if any license tax? other than that of a beginner,
is not paid on or before the tenth day of June of the license
year, there shall be added a penalty of ten (10) percent of the
amount of such license tax or ten dollars ($10.00) whichever is
~reater. Any such penalty when so assessed shall become a part of
the tax. Interest shall then be imposed at a rate of nine and
six-tenths (9.6) percent per annum durin~ the first year of
delinquency and at the rate of ten and eight-tenths (10.8) percent
per annum durin9 the secgnd and subsequent years of delinquency.
~-~e~-pa~&-w~h~-~e~-~e-~4~-&a~e-a~e~-~½e-%e~-~a~-e~
bhe~eafbew~-~be-pe.aLbM-oba~-be-~ae~eaoe&-f~e-%S+-pe~ee~%-SeF
.e-ease-oha~-eue~-pe.a~-be-~eee-~ha~-~we-~e~aee-~vee~T
(b) Every person beginning business between the first
day of May and the tenth day of June of any license year shall pay
his license tax on or before the tenth day of June or such person
shall be subject to the penalties and interest set forth in
subsection (a) of this section.
(c) Every person beginning business after the tenth day
of June of any license year shall pay his license tax immediately.
If such license tax is not paid within ten (10) days from the
March 4, 1985
- 14b -
beginning of business, the license tax shall be subject to a
penalty of ten (10) percent or ten dollars ($10.00) whichever is
greater. Any such penalty when so assessed shall become a part of
the tax. Interest shall be imposed at the rate of nine and
six-tenths (9.6) percent per annum during the first year of
delinquency and at the rate of ten and eight tenths (10.8) percent
per annum during the second and subsequent years of
delinquency. ~-~e~-pa~-w~-~e~-~e-+4~-~a~-a~e~-~he
(d) No amendment to this section shall reduce the amount
of penalt7 and interest which has been assessed or was assessable
on delinquent license taxes prior to the date of such
amendment.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the 4 day of March , 1985.
MES/re
1/14/85
(E)
Note:
See Section 58.1-3916
Code of Virginia, as amended
March 4, 1985
--2--
Item II-H.6
- 15-
CONSENT AGENDA
ITEM # 23288
Upon motion by Councilman Robert Jones, seconded by Councilwoman Ceech, City
Council DEFERRED for thirty days until the City Council Meeting of April 8,
1985, an Ordinance to amend and reorda±n Chapter 2 of the Code of the City
of Virginia Beach, Virginia, by adding Sections 2-119 and 2-120 pertaining
to EMPLOYEE SICK LEAVE.
Copies of correspondence from City Employees regarding this Ordinance will
be forwarded to City Council.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R.
Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, and
Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
J. Henry McCoy, Jr., D.D.S.
March 4, 1985
- 16-
Item II-H.7
CONSENT AGENDA
ITEM # 23289
The City Manager advised this Item (Ordinance, on SECOND READING, to appropriate
funds of $12,000 to support the concept of building a STADIUM in the HAMPTON
ROADS AREA), did not require a SECOND READING, as the funding is a TRANSFER
rather than an APPORPRIATION; therefore, this Ordinance was ADOPTED by City
Council on February 25, 1985. and a corrected copy is hereby made a part
of these proceedings.
March 4, 1985
- 16a -
AN ORDINANCE TO TRANSFER
FUNDS OF $12,000 TO SUPPORT THE
CONCEPT OF BUILDING A STADIUM
IN THE HAMPTON ROADS AREA
WHEREAS, the members of the Council of the City of Virginia
Beach are interested in the concept of a regional stadium, and
WHEREAS, the Future of Hampton Roads, Inc. has been formed to
examine the feasibility of building a regional stadium in the Hampton Roads
area, and
WHEREAS, the City's share of the cost of this study would be
$12,000, at $.04 per capita, to be transferred from the Reserve for
Contingencies.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, that funds of $12,000 be transferred from the Reserve for
Contingencies to be used as the City's share of the cost of the study being
performed by the Future of Hampton Roads, Inc. to determine the feasibility
of building a regional stadium in the Hampton Roads area.
on the
Adopted by the Council of the City of Virginia Beach, Virginia
25th day of February , 1985.
RATS 16/ORDT-1
- 17-
Item II-H.8
CONSENT AGENDA
ITEM # 23290
Upon motion by Councilman Robert Jones, seconded by Councilwoman Creech, City
Council ADOPTED an Ordinance, on SECOND READING, to appropriate funds of
$50,000 for the purchase of a computerized management system for TIDEWATER
VIRGINIA ALCOHOL SAFETY ACTION PROGRAM (TVASAP).
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R.
Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, and
Meyera E~ Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Jo Henry McCoy, Jr., D.D.S.
March 4, 1985
- 17a -
AN ORDINANCE TO APPROPRIATE
FUNDS OF $50,000 FOR THE PURCHASE
OF A COMPUTERIZED MANAGEMENT SYSTEM
FOR TIDEWATER VIRGINIA ALCOHOL
SAFETY ACTION PROGRAM (TVASAP)
WHEREAS, TVASAP is in need of an internal computerized manage-
ment system because of the increasing number of court referrals in both
Virginia Beach and Norfolk, and
WHEREAS, this internal computerized management system will
enable a constant exchange of data and information between the TVASAP head-
quarters, the Norfolk TVASAP branch, the Virginia Beach and Norfolk courts
and the Navy ASAP offices, and
WHEREAS, the cost of this computerized management system totals
$60,000, $10,000 of which is currently appropriated for the purchase of data
processing equipment, and
WHEREAS, the additional $50,000 may be appropriated for the
system from the TVASAP Fund Balance.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, that funds of $50,000 be appropriated from the Fund Balance
of TVASAP to purchase an internal computerized management system.
on the
Adopted by the Council of the City of Virginia Beach, Virginia,
4 day of March , 1985.
FIRST READING:
SECOND READING:
February 25, 1985
March 42 198S
March 4, 1985
KAR/20RD12
item II-H.9
- 18 -
CONSENT AGENDA
ITEM # 23291
Upon motion by Councilman Robert Jones, seconded by Councilwoman Creech, City
Council APPROVED, on FIRST READING, an Ordinance to accept and appropriate
funds of $39,900 from R. G. MOORE BUILDING CORPORATION to Project #4-809 ROSEMONT
FOREST PARK.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R.
Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, and
Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
J. Henry McCoy, Jr., D.D.S.
March 4, 1985
- 18a-
AN ORDINANCE TO ACCEPT FUNDS OF $39,900
FROM R.G. MOORE BUILDING CORPORATION
AND APPROPRIATE THESE FUNI~ TO
PROJECT #4-809 ROSEMONT FOREST PARK
WHEREAS, project #4-809 Rosemont Forest Park is included in the current
Capital Improvement Program and provides for development of three dedicated park
sites totaling 26.088 acres in the Rosemont Forest subdivision, and
WHEREAS, these park sites are the result of the subdivision open space
ordinance in which acreage is reserved for recreation and open space, and
WHEREAS, in lieu of dedication of the total 26.088 acres, the deve-
loper, R.G. Moore Building Corporation, has offered to dedicate 20.976 and to pay
$63,900 for the remaining 5.112 acres, and
WHEREAS, $24,000 has already been accepted and appropriated to the
capital project leaving a balance of $39,900 to be appropriated,
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH that the contribution of $39,900 from R.G. Moore Building Corporation is
hereby accepted and the funds are appropriated to project #4-809 Rosemont Forest
Park in the Parks and Recreation Capital Project Fund.
BE IT FURTHER ORDAINED that the appropriation be offset by an increase
of $39,900 in estimated revenues in the Parks and Recreation Capital Projects Fund.
This ordinance shall be effective from the date of its adoption.
First Reading:
Second Reading:
March 4, 1985
of
Adopted by the Council of the City of Virginia Beach on the
.., 19 .
day
March 4, 1985
L-1-ORDi04
Item II-H.10
cONSENT AGENDA
- 19 -
ITEM # 23292
Upon motion by Councilman Robert Jones, seconded by Councilwoman Creech, City
Council ADOPTED an Ordinance to transfer $260,000 from Water and Sewer
Capital Projects Fund to cover unanticipated costs for various SMALL LINE
IMPROVEMENTS.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R.
Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, and
Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
J. Henry McCoy, Jr., D~D.S.
March 4, 1985
- 19a -
AN ORDINANCE TO TRANSFER $260,000
FROM WATER AND SEWER RETAINED EARNINGS
TO T~E WATER AND SEWER CAPITAL PROJECTS FUND
TO COVER UNANTICIPATED COSTS
FOR VARIOUS SMALL LINE IMPROVEMENTS
WHEREAS, the current capital improvement program includes project 5-304
Small Line Improvements designed for the replacement of undersized and
deteriorating water mains and connections of dead end mains throughout the city,
and
WHEREAS, due unanticipated costs and contract changes, funds in project
5-304 are insufficient to pay for other needed improvements, and
WHEREAS, the Public Utilities Department estimates the additional
amount needed at $260,000 with such amount being available from Water and Sewer
Retained Earnings, and
WHEREAS, included in the $260,000 are two projects along Clearfield
Avenue and along Holly Road and 48th Street, with costs in excess of $50,000 each,
and which should be established as separate projects,
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH that projects 5-991 Clearfield Avenue Main and 5-992 Holly Road and 48th
Street Main are hereby established as capital projects and that $260,000 is
hereby transferred from Water and Sewer Retained Earnings to the Water and Sewer
Capital Projects Fund as shown below to provide funds for various small water
line projects.
Transfer to:
5-304 - Small Line Improvements
5-991 - Clearfield Avenue Main
5-992 - Holly Road and 48th Street Main
$ 115,000
80,000
65,00Q,
Total $ 260,000
Transfer from:
Water and Sewer Fund Retained Earnings
$ 260,000
of
Adopted by the Council of the City of Virginia Beach on the 4
March 19 85 .
March 4, 1985
L-1-ORDi03
day
- 20 -
Item II-H.11
CONSENT AGENDA ITEM # 23293
Upon motion by Councilman Robert Jones, seconded by Councilwoman Creech, City
Council ADOPTED an Ordinance to transfer funds of $19,457 within the Public
Works Department to provide for replacement of a SIGNAL TRUCK.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R.
Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, and
Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
J. Henry McCoy, Jr., D~D.S.
March 4, 1985
- 20a -
AN ORDINANCE TO TRANSFER FUNDS OF
$19,457 WITHIN THE PUBLIC WORKS
DEPARTMENT TO PROVIDE FOR REPLACEMENT
OF A SIGNAL TRUCK
WHEREAS, the FY 84-85 Operating Budget for the Traffic
Operations unit in the Public Works Department includes $39,000 for replace-
ment of a signal truck,and
WHEREAS, prior to solicitation of bids, the staff at the City
Garage recommended that the truck be upgraded to include a diesel engine,
automatic transmission, air brakes, heavier-duty suspension, and larger
tires, and
WHEREAS, the iow bid for the truck was $58,457, and
WHEREAS, the additional funds of $19,457 for the truck may be
provided from surplus funds within the Public Works Department,
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, that funds in the amount of $19,457 are hereby transferred
within the Public Works Department operating budget to provide additional
funds for the replacement of a signal truck.
on the
Adopted by the Council of the City of Virginia Beach, Virginia
4 day of March , 1985.
RATS 16/ORD9-1
March 4, 1985
- 21 -
Item II-H.12
CONSENT AGENDA
ITEM # 23294
Upon motion by Councilman Robert Jones, seconded by Councilwoman Creech, City
Council ADOPTED an Ordinance to transfer funds of $12,591 within the Public
Works Department to provide for replacement of a van and lift.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R.
Jones, Robert G. Jones., Vice Mayor Reba S. McClanan, and
Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
J. Henry McCoy, Jr., D.D.S.
March 4, 1985
- 2la -
AN ORDINANCE TO TRANSFER FUNDS OF
$12,591 WITHIN THE PUBLIC WORKS
DEPARTMENT TO PROVIDE FOR REPLACEMENT
OF A VAN AND LIFT
WHEREAS, the FY 84-85 Operating Budget for the Traffic
Operationl unit in the Public Works Department includes $11,000 for the
replacement of a van, and $5,000 to transfer the old lift from the old van
to the replacement, and
WHEREAS, prior to solicitation of bids, the staff at the City
Garage recommended that a new lift be purchased, and
WHEREAS, the Iow bid for the van and lift was $23,591, and
WHEREAS, the additional funds of $7,591 will be provided by
surplus funds within the Public Works Department,
NOW, THEREFORE, BE IT ORDAINE~D BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, that funds in the amount of $12,591 are hereby transferred
within the Public Works Department operating budget to provide additional
funds for the replacement of a van and lift.
on the
Adopted by the Council of the City of Virginia Beach, Virginia
4 day of March , 1985.
RATS 16/ORDS-1
March 4, 1985
- 22-
Item II-H.13
CONSENT AGENDA
ITEM # 23295
Upon motion by Councilman Robert Jones, seconded by Councilwoman Creech, City
Council ADOPTED an Ordinance to accept the BID for MEDICAL SERVICES at the
VIRGINIA BEACH CORRECTION CENTER from CORRECTIONAL MEDICAL SYSTEMS, INC.,
in the amount of $243,824, subject to a satisfactory contract for this service
to be approved by City Council at a later date.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R.
Jones, Robert G. Jones, Vice Mayor Reba So McClanan, and
Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
J. Henry McCoy, Jr., D.D.S.
March 4, 1985
- 22a-
AN ORDINANCE TO ACCEPT THE BID
FOR MEDICAL SERVICES AT THE
VIRGINIA BEACH CORRECTION CENTER
SUBJECT TO SATISFACTORY CONTRACT
WHEREAS, on November 19, 1984, City Council approved
sending out Requests for Proposals to firms desiring to render
medical services at the Virginia Beach Correction Center, and
WHEREAS, on January 9, 1985, the following five proposals
were received:
1. Correctional Medical Systems, Inc. $243,824
2. Szabo Health Services, Inc. 265,056
3. Prison Health Services, Inc. 272,870
4. Mitchell B. Miller, M.D. 40,000 (plus)
current services of $231,119)
5. Basil Health Systems Division 329,735
WHEREAS, an Evaluation Committee composed of the Sheriff's
Office, Occupational Health, and the Research Team have
thoroughly analyzed the proposals including such factors as
total price, profit margin, projected increases, charges for
increased numbers of inmates, rebates for decreased inmate
population, and overall clarity, and
WHEREAS, based on these factors and an evaluation of the
firms prior experience, qualifications of key personnel, and
responsiveness of the proposal, the Evaluation Committee recom-
mends awarding the bid to Correctional Medical Systems, Inc. and
WHEREAS, it is anticipated that the effective date of the
contract will not be before June 1, 1985, and if Council needs to
appropriate additional funds in this fiscal year, an ordinance
for Council consideration will be provided.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA that the bid of Correctional
Medical Systems, Inc. in the amount of $243,824 for medical
services at the Virginia Beach Correction Center is accepted
subject to the City Manager being presented a satisfactory contract
for this service and said contract being submitted to Council at
a later date.
This ordinance shall be effective from the date of its
adoption.
Adopted by the Council of the City of Virginia Beach,
Virginia on the 5 day of March , 1985.
JCM/34 March 4, 1985
- 23 -
Item II-I.14
CONSENT AGENDA
ITEM # 23296
Upon motion by Councilman Robert Jones, seconded by Councilwoman Creech, City
Council ADOPTED an Ordinance to AUTHORIZE and DIRECT the City Manager to
proceed with water service to TAYLOR'S POINT ROAD.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R.
Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, and
Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Jo Henry McCoy, Jr., D.D.S.
March 4, 1985
- 23a -
AN ORDINANCE TO AUTHORIZE AND DIRECT
THE CITY MANAGER TO PROCEED WITH
WATER SERVICE TO TAYLOR'S POINT ROAD
WHEREAS, residents of Taylor's Point Road have met the 75%
water service requirement of the City's policy for the exten-
sion of such service, and
WHEREAS, the Department of Public Utilities recommends
this utility extension as the area has wells of low quality
water that may constitute a potential health hazard, and
WHEREAS, the department estimates the cost of this utility
extension at $19,500 and indicates that the project may be
charged to project 5-306 Water Distribution - 75%.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA that the City Manager is authorized
and directed to proceed with the extension of water service to
Taylor's Point Road and the project shall be funded as a part
of project 5-306 Water Distribution - 75%.
This ordinance shall be effective from the date of its
adoption.
Adopted by the Council of the City of Virginia Beach,
Virginia on 4 day of March , 1985.
JCM/ORD/33
March 4, 1985
- 24 -
Item II-I.15
CONSENT AGENDA
ITEM # 23297
Upon motion by Councilman Robert Jones, seconded by Councilwoman Creech, City
Council APPROVED the following RAFFLE PERMIT to:
VIRGINIA BEACH MARITIME HISTORICAL MUSEUM
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R.
Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, and
Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
J. Henry McCoy, Jr., D.D.S.
March 4, 1985
Item II-I.16
- 25 -
CONSENT AGENDA
iTEM # 23298
Upon motion by Councilman Robert Jones, seconded by Councilwoman Creech, City
Council ADOPTED Ordinances authorizing Tax Refunds upon application of
certain persons and upon certification of the Treasurer for payment in
the amount of $5,829.83.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R.
Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, and
Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
J. Henry McCoy, Jr., D.D.S.
March 4, 1985
FORM NO. C.A. ?
- 25a -
2/22/85
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- Date Penalty Int.
Year of Tax Number tion No. Paid
Total
United Virginia Mortgage 85 RE(l/2)
United Virginia Mortgage 85 RE(l/2)
Manufacturers Hanover Mort 85 RE(l/2)
Jack A & Barbara Bailey 85 RE(l/2)
Jack A & Barbara Bailey 85 RE(2/2)
Jack A & Barbara Bailey 85 RE(l/2)
Jack A & Barbara Bailey 85 RE(2/2)
Atlantic Enterprises Inc 85 RE(l/2)
Auburn Associates 85 RE(l/2)
Gemini Builders Inc 85 RE(l/2)
False Cape Enterprises Inc 85 RE(l/2)
Stephen C Howard 84 PP
Claire & .Donald Steward 84 PP
Dorinda L Beach 84 PP
Shawn Hoffman & D Williams 84 PP
George R Ferrell 84 PP
Estelina Bridges 84 PP
Wilfredo V Dofredo 84 PP
Frank U Fortunato 84 PP
Ronnie C Knox 84 PP
Tina Whittington 85 Dog
48325-5 12/5/84 20.48
12779-2 12/5/84 40. O0
54872-0 12/5/84 24. O0
3795-1 12/5/84 80. O0
3795-1 12/5/84 80. O0
3796-0 12/5/84 80. O0
3796-0 12/5/84 80. O0
3061-8 11 / 30/84 2,382.24
3119-0 12/4/84 11.48
33552-1 12/5/84 158.34
28590-5 12/5/84 106.34
74068-2 5/25/84 59.40
146172-1 12/14/84 101.67
173779-1 11/14/84 69.78
71922-4 6/5/84 132.42
49923-9 5/18/84 42. O0
17724-7 1/28/85 68.44
41 757-7 1/23/85 188.07
208463-6 2/5/85 110. 64
189353-1 2/6/85 10.38
V12362 1/24/85 5. O0
Total 3,850.68
~ ~,' ~*~..,.~? :~?-,- ~ .
'
FEEl ~.
D El-q-. Ot--
This ordinance shall be effective from date of adoption.
The above abatement(s) totaling
$3 ~ 850.68 were approved by
the Council of the City of Virginia
Beach on the 4 day of March,. 1985
Ruth Hedges Smith
City Clerk
~s to paymentS) 2
Approved as tofo[m:
'
'"~'7. Dale Bimsd'n, City Attorney March 4, 1985
'ORM NO. C,A, 7
2/14/85 EMC
- 25b -
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- Date Penalty Int.
Year of Tax Number tion No. Paid
Total
G F yon Zedlitz u Leipe
Robert & Lois Winstead
Marshall & Brigida Austin
Dominion Bankshares Mortgage
Va Beach Federal S & L
Life Federal S & L
Life Federal S & L
Linda R & Robert Newman
George W Robbins Jr
George W Robbins Jr
George W Robbins Jr
George W Robbins Jr
Aston Pully & Karen Kampsen
Timothy & Deborah Hammond
Harry & Susan Holbrook
Linda 0 Steadman
James A Campbell
G E Credit Lease Corp
John J Frost
Jesse B Pugh
85 RE(l/2) 94365-0 11/26/84
85 RE(l/2) 99668-3 12/5/84
85 RE(l/2) 3298-3 11/7/84
85 RE(l/2) 8265-1 12/5/84
85 RE(l/2) 60463-2 12/5/84
85 RE(l/2) 80656-7 12/5/84
85 RE(l/2) 50076-2 12/5/84
85 RE(l/2) 66408-7 12/5/84
82 RE(l/2) 66550-6 12/5/81
82 RE(2/2) 66550-6 6/5/82
83 RE(l/2) 69275-3 12/5/82
83 RE(2/2) 69275-3 6/5/83
84 PP 123807-3 5/9/84
84 PP 64726-7 5/9/84
84 PP 72173-8 5/16/84
84 PP 145382-9 6/5/84
84 PP 176622-3 12/5/84
84 PP 183119-9 12/5/84
85 Dog V18473 1/31/85
85 Dog V6443 1/23/85
108.80
40. O0
31.20
40. O0
40. O0
40. O0
12.00
19.87
83.12
83.12
92.35
92.35
204. O0
218.88
273.18
26.58
157.92
405.78
5.00
5.00
Total 1,979.15
This ordinance shall be effective from date of adoption.
The above abalement(s) totaling Ce
S 1, § 7 9.15 were approved by
the Council of the City of Virginia ~
Beach on the 4 day of March,. 1985
Jol
Ruth Hodges Smith
City Clerk
Approved as to form:
'~. 'D~e-Bimso~, City Aiiorne~-- March 4, 1985
II-J. 1
- 26 -
NEW BUSINESS
ITEM # 23299
INTERIM FINANCIAL REPORTS
July 1, 1984 through
January 31, 1985
The City of Virginia Beach, Virginia, INTERIM FIANNCIAL STATEMENTS for the
period July 1, 1984 through January 31, 1985 were distributed to City
Council in their AGENDA.
Mayor Heischober advised there is approximately $24 MILLION remaining in
the present Budget's REVENUES AND EXPENDITURES. The present Revenue above
Expenditure is $16.9 MILLION giving an approximate surplus of $40.9
MILLION as of January 31, 1985.
March 4, 1985
Item II-K.1
- 27 -
RECESS INTO
EXECUTIVE SESSION
ITEM # 23300
In accordance with Section 2.1-344, Code of Virginia, as amended, and upon
motion by Councilwoman Creech, seconded by Councilman Baum, City Council
voted to RECESS into EXECUTIVE SESSION for discussion of Personnel Matters,
and Legal Matters, after which to adjourn (2:20 p.m.)
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R.
Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, and
Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
J. Henry McCoy, Jr., D.D.S.
March 4, 1985
Item II-M.2
- 28 -
ADJOURNMENT
ITEM # 23302
By CONSENSUS, City Council adjourned the meeting at 5:10 p.m.
Beverl~'O. Hooks
Chief Deputy City Clerk
R~i Hodges Sm~h, CMC
City Clerk
"-Mago~- Ra o d ~is-c-hobe~r
City of Virginia Beach
Virginia
/bh
March 4, 1985