DECEMBER 12, 1983 MINUTESCity of Virginia F cach
"WORLD'S LARGEST RESORT CITY"
CITY COUNCIL
MAYOR LOUIS R. ]ONES, Bayside Borough
VICE-MAYOR BARBARA M. HENLEY, Pungo Borough
JOHN A. BAUbl, Blackwater Borough
NANCY A. CREECH, At Large
HAROLD HEISCHOBER, At Large
H. JACK JENNINGS, JR., Lynnbaven Borough
ROBERT G. JONES, At Large
W. H. KITCHIN, Ill, Virginta Beach
REBA S. McCLANAN, Princess Anne Borough
]. HENRY McCOY, JR.. Kempsville Borough
MEYERA E. OBERNDORF, At Large
RUTH HODGES SMITH, CMC, City Clerk
212 CITY HALL BUILDING
MUNICIPAL CENTER
VIRGINIA BEACH, VIRGINIA 25456
(804) 427-430~
CITY COUNCIL AGENDA
December 12, 1983
ITEM I.
INFORMAL SESSION: 12:30 p.m.
A. CALL TO ORDER - Mayor Louis R. Jones
B. ROLL CALL OF COUNCIL
C. MOTION TO RECESS INTO INFORMAL/EXECUTIVE SESSION
D. PRESENTATION/DISCUSSION OF PERTINENT MATTERS
1. Matters for discussion by Mayor.
2. Matters for discussion by Council.
E. CITY MANAGER'S ADMINISTRATIVE ITEMS
1. 1984 Legislative Package: Discussion
2. Review of Consent Agenda
ITEM II. FORMAL SESSION: 2:00p.m.
Ao
INVOCATION: Reverend Byron Wilkinson
Pastor
Thalia United Methodist Church
B. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
C. ELECTRONIC ROLL CALL OF COUNCIL
D. MINUTES OF PREVIOUS MEETING:
1. Motion to accept/approve the Minutes of December .5, 1983.
E. PROCLAMATION:
1. "National Drunk and Drugged Driving Awareness Season"
December 15, 1983 - January 3, 1984.
F. RESOLUTIONS
1. Resolutions in Recognition:
a. Haygood Shopping Center.
b. Kempsville High Chiefs
Resolution of City Council inviting the issuance of
Industrial Development Revenue Bond to William A. Crosby by
Suffolk Redevelopment and Housing Authority.
G. CONSENT AGENDA
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. 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. Resolution in Recognition - Haygood Shopping Center.
2. Resolution in Recognition - Kempsville High Chiefs.
Resolution directing the 1984 Legislative Package to be
presented to the 1984 Virginia General Assembly for
consideration and endorsing its contents.
t
Resolution requesting funding assistance from the Virginia
Division of Parks and Recreation for the Brigadoon Park
Fitness Trail.
5. Ordinance authorizing certain changes in Compensation for
Certain City Council Appointees.
Ordinance repealing the Ordinance requiring Real Estate and
Financial Disclosure for Certain Elected and Appointed
Oficials and Employees of the City of Virginia Beach,
Virginia.
Ordinance to amend and reordain Chapter 35, Article II,
Division 3, of the Code of the City of Virginia Beach
relating to Real Estate Tax Exemption/Deferral/Freeze for
Certain Elderly and Handicapped Persons.
8. Ordinance, on SECOND READING, to appropriate funds of
$68,286 for an Employment Services Program.
9. Ordinance -- as amended -- on SECOND READING, authorizing
the issuance of Public Improvements Bonds of the City of
Virginia Beach, Virginia, in the maximum amount of
$19,570,000.
10. Ordinance, on SECOND READING, to appropriate $30,000 to the
Virginia Beach Volunteer Rescue Squad, Inc. toward the
purchase of a crash truck.
11. Low bid of Winkelman, Inc., in the amount of $48,900 for the
Farmers' Market Parking Lot Expansion Project (CIP 3-951);
and, authorize the City Manager to enter into the necessary
agreements for the implementation of this project.
12. Request of the City Treasurer for tax refunds in the amount
of $796.77.
H. PLANNING
1. Application of Kempsville Buildin8 Materials, Inc. for a
conditional use permit for outside storase of processed
lumber on a 17,108-square foot parcel located at the
northeast corner of Cleveland Street and Witchduck Road
(Kempsville Borough).
a. Letter from the City Manager transmits the
recommendation of the Planning Commission for approval.
2. Application of Duncan Auto Sales, Inc., for a conditional
use permit for an automobile paint shop in connection with
auto repairs on a 23,574.5-square foot parcel located at
5055 Virginia Beach Boulevard (intersection of Virginia
Beach Boulevard and Euclid Road) (Bayside Borough).
a. Letter from the City Manager transmits the
recommendation of the Planning Commission for approval.
3. Application of Young and Company for a conditional use
permit for a car wash on a 40,O00-square foot parcel located
along the north side of Indian River Road, west of Reon Road
(Kempsville Borough).
a. Letter from the City Manager transmits the
recommendation of the Planning Commission for approval.
4. Application of Colonial Self Storase for a conditional use
permit for mini-warehouses on a 3.1-acre parcel located
along the east side of Princess Anne road, north of Windsor
Oaks Boulevard (Kempsville Borough).
a. Letter from the City Manager transmits the
recommendation of the Planning Commission for approval.
De
Application of Ricky W. Chaplain for a conditional use
permit for an athletic club on a 37,585-square foot parcel
located along the south side of 19th Street, east of
Pavilion Drive (Lynnhaven Borough).
a. Letter from the City Manager transmits the
recommendation of the Planning Commission for approval.
Application of Georse R. Powell for a change of zoning from
A-1 Apartment District to A-2 Apartment District on a
25,563-square foot parcel located south of Norfolk Avenue,
west of Marshview Drive (Lynnhaven Borough).
(This matter was deferred for one week on December 5, 1983.)
a. Letter from the City Manager transmits the
recommendation of the Planning Commission for denial.
7J
Application of Concordia Enterprises, Ltd. (for Fingleton's)
has applied for a chan~e of zonin~ from B-2 Community-
Business District to A-1 Apartment District on a 30,492-
square foot parcel located along the west side of Davis
Street, north of Virginia Beach Boulevard (Bayside Borough)
a. Letter from the City Manager transmits the
recommendation of the Planning Commission for approval.
Application of Connie Lane Properties, a Virginia
Partnership, for a chanse of zonin8 from R-6 Residential
District to R-8 Residential District on a 7.82-acre parcel
located east of the intersectin of Baker Road and Aubrey
Lane (Bayside Borough).
a. Letter from the City Manager transmits the recommendatin
of the Planning Commissin for approval.
0
10.
11.
Application of Tidewater Investments Properties, Inc. for a
change of zonin8 from B-3 General-Business District to B-4
Resort Commercial District on a five-acre parcel located at
the northeast corner of Southern Boulevard and Beasley Drive
(Bayside Borough).
a. Letter from the City Manager transmits the
recommendation of the Planning Commission for approval
Application of Peterson Associates for a change of zoning
from R-5 Residential District to PD-H 2 Planned Unit
Development District on a 43.3-acre parcel located along the
south side of Recreation Drive, west of Salem road
(Kempsville Borough).
a. Letter from the City Manager transmits the
recommendation of the Planning Commission for approval.
Application of Pembroke Meadows Associates for a change of
zoning from B-2 Community-Business District to A-3 Apartment
District on a lO.2-acre parcel located along the south side
of South Witchduck Road, west of Independence Boulevard
(Bayside Borough).
Letter from the City Manager transmits the
recommendation of the Planning Commission for approval
MODIFIED to A-2.
12.
Application of Chinese Community Cultural Club, Inc., a
Virginia Corporation, for a change of zoning from R-6
Residential District to B-1 Busines-Residential District on
a one-acre parcel located along the east side of Newtown
Road, north of Daniel Smith Road (Bayside Borough). This
site consists of two separate parcels.
a. Letter from the City Manager transmits the
recommendation of the Planning Commission for approval.
13.
Application of John T. Kelly for a change of zoning from R-5
Residential District to 0-1 Office District on a one-acre
parcel located along the south side of Baxter Road, east of
Princess Anne Road (Kempsville Borough).
a. Letter from the City Manager transmits the
recommendation of the Planning Commission for approval.
14.
Application of R. G. Moore Building Corporation for a change
of zoning from 1-2 Heavy Industrial District to B-4 Resort-
Commercial District on two parcels, totalling 53 acres,
located at the northeast and southeast intersections of 30th
Bay Street and Oceanography Road (Bayside Borough).
a. Letter from the City Manager transmits the
recommendation of the Planning Commission for denial.
I. APPOINTMENTS
1. Planning Commission.
2. School Board
3. Southeastern Virginia Areawide Model Program, Inc.
4. Wetlands Board.
J. UNFINISHED BUSINESS
K. NEW BUSINESS
Consideration of the median island in front of the Pavilion
south of 19th Street for construction of a Veterans'
Memorial.
ADJOURNMENT:
1. Motion to Adjourn.
- 8-
Item II-D.1
MINUTES
ITEM # 21132
Upon motion by Councilman Heischober, seconded by Councilman Jennings,
City Council APPROVED the Minutes of December 12, 1983, with a correction
as follows:
On page 31, Item # 21105, regarding a Change of
Zoning request by TIDEWATER INVESTMENTS PROPERTIES,
INC., the motion read:
"Upon motion by Councilman Heischober, seconded by
Councilwoman Creech, City Council ADOPTED an Ordinance
upon application of TIDEWATER INVESTMENTS PROPERTIES,
INC. for a Change of Zoning per the following."
CORRECTION AS FOLLOWS:
"Upon motion by Councilman Heischober, seconded by
Councilwoman Creech, City Council ADOPTED an Ordinance
upon application of TIDEWATER INVESTMENTS PROPERTIES,
INC. for a Change of Zoning, subject to legal
documentation limitin~ the rezonin~ to ninety (90)
dwellin8 units, per the following."
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor
Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones~
Robert G. Jones, W. H. Kitchin, III, Reba S. McClanan,
J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
*Verbal aye. December 19, 1983
MINUTES
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
December 12, 1983
The Regular Meeting of the Council of the City of Virginia Beach, Virginia
was called to order by Mayor Louis R. Jones in the Conference Room, City
Hall Building, on Monday, December 12, 1983, at Twelve Thirty-Seven in
the afternoon.
Council Members Present:
John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor
Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones,
Robert G. Jones, W. H. Kitchin, III, Reba S. McClanan, J. Henry
McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Absent:
None
December 12, 1983
-2-
ITEM # 21077
Mayor Jones entertained a motion to permit Council to conduct its EXECUTIVE
SESSION pursuant to Section 2.1-344, Code of Virginia, as amended, for the
purposes shown below, after which to conduct its FORMAL SESSION.
PERSONNEL MATTERS: Discussion or consideration of
employment, assignment, appointment, promotion,
performance, demotion, salaries, disciplining or
resignation of public officers, appointees or
employees.
PUBLICLY HELD PROPERTY: Discussion or consideration
of the condition, acquisition or use of real pro-
perty for public purpose, or of the disposition of
publicly held property, or of plans for the future
of an institution which could affect the value of
property owned or desirable for ownership by
such institution.
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 Jennings, seconded by Councilman Robert Jones,
City Council voted to proceed into the FORMAL SESSION following the
EXECUTIVE SESSION.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor
Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones,
Robert G. Jones, W. H. Kitchin, III, Reba S. McClanan,
J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
December 12, 1983
-3-
RECESS INTO
EXECUTIVE SESSION
ITEM # 21078
City Council recessed into EXECUTIVE SESSION at Twelve Thirty-Eight in
the afternoon.
Due to the length of the Executive Session, Council did not reconvene
for the Informal Session.
December 12, 1983
-4-
FORMAL SESSION
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
December 12, 1983
2:30 p.m.
Council Members Present:
John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor
Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones,
Robert G. Jones, W. H. Kitchin, III, Reba S. McClanan,
J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Absent:
None
INVOCATION:
Reverend Byron Wilkinson
Pastor
Thalia United Methodist Church
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
December 12, 1983
-5-
Item II-D.1
MINUTES
ITEM # 21079
Upon motion by Councilwoman Oberndorf, seconded by Councilman McCoy, City
Council APPROVED the Minutes of December 5, 1983.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor
Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones,
Robert G. Jones, W. H. Kitchin, III, Reba S. McClanan,
J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
December 12, 1983
-6-
Item II-E.1
PROCLAMAT ION
ITEM # 21080
Mayor Louis Jones proclaimed the period December 15, 1983 through
January 3, 1984 as:
NATIONAL DRUNK AND DRUGGED DRIVING AWARENESS SEASON
December 12, 19
PROCLAMATION
WHEREAS, traffic crashes are the leading cause of violent deaths
in the United States--more than 50,000 in 1980; and
WHEREAS, traffic crashes also play a substantial role in serious
injuries, causing most of the new cases of epilepsy and paraplegia
in the United States each year; and
WHEREAS, between 45 and 55 percent of fatally injured drivers
have alcohol concentrations in their blood above the legal limit,
with this £evel rising to 55 to 65 percent in single-vehicle crashes;
and
WHEREAS, the total cost to society of drunk driving, not including
the human suffering that can never be measured, is estimated to be as high
as $25 billion a year; and
WHEREAS, the reports of collisions involving drivers who have
used prescription or illegal drugs are increasing; and
WHEREAS, there has been a groundswell of national and local
activities aimed at these problems through citizens' groups, task
forces, and the Presidential Commission on Drunk Driving; and
WHEREAS, increased public knowledge about the gravity of the
problem of drunk and drugged driving may convince alcohol and drug
users to refrain from driving, and may stimulate interest in research
about effects of drugs on driving ability and the incidence of traffic
crashes; and
WHEREAS, national awareness of the problems of drunk and drugged
driving may help to sustain current efforts to develop comprehensive
solutions at the state and local levels; and
WHEREAS, the Christmas and New Year's holiday period is a parti-
cularly appropriate time to focus national and focal attention on
this critical problem, because more drivers are on the roads, more
social functions are attended, and more traffic collisions occur;
NOW, THEREFORE, I, Louis R. Jones, Mayor of the City of Virginia
Beach, do hereby join with the United States Congress, the President
of the United States, legislatures, city and town councils, governors,
mayors, and other citizens across the nation in proclaiming the period
of December 15, 1983 through January 3, 1984 as
DRUNK AND DRUGGED DRIVING AWARENESS SEASON
in the City of Virginia Beach and support national and local observances
thereof, and remind our fellow citizens that safety belts and child
safety seats are our best defense against all the hazards of the road.
December 12, 1983
-7-
Item II-F.1
RE S OLUT ION
ITEM # 21081
Councilman McCoy presented a Resolution in Recognition to THE CHIEFS,
KEMPSVILLE HIGH SCHOOL FOOTBALL TEAM, for their athletic achievement
in the sports field of football. Tribute was also paid to Coach
Ralph Gahagan, as well as Principal Charles Caldwell, who were present
with "The Chiefs".
December 12, 1983
-8-
Item II-F.1
RESOLUTION
ITEM # 21082
Councilman Jennings presented a Resolution in Recognition to LEE A. GIFFORD,
paying tribute, in particular, to Mr. Gifford's creation of HAYGOOD SHOPPING
CENTER, which is unsurpassed in beauty.
In turn, Mr. Gifford complimented his wife and staff for their untiring efforts
in attaining the residential and commercial beauty for which he received this
recognition today.
December 12, 1983
-9-
Item II-F.2
RESOLUTION
ITEM # 21083
Upon motion by Councilman McCoy, seconded by Councilman Kitchin, City
Council ADOPTED a Resolution of City Council Inviting the Issuance of
Industrial Development Revenue Bond to WILLIAM A. CROSBY by Suffolk
Redevelopment and Housing Authority.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor
Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones,
Robert G. Jones, W. H. Kitchin, III, Reba S. McClanan,
J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
December 12, 1983
-10-
Item II-G.
CONSENT AGENDA
ITEM # 21084
Upon motion by Councilwoman Creech, seconded by Councilwoman Oberndorf,
City Council APPROVED, in ONE MOTION, Items 1 through 12 of the CONSENT
AGENDA, except Item 7 (voted upon separately), and noting the change of
verbage on Item 5 and Councilwoman McClanan's reservations about Item 3.
City Manager Muehlenbeck noted that a definition of "border streets" was
included in the 1984 Legislative Package (Item 3).
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor
Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones,
Robert G. Jones, W. H. Kitchin, III, Reba S. McClanan, and
Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
J. Henry McCoy, Jr., D.D.S.
December 12, 1983
-9a-
SUMMARY SHEET
CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY
APPROVAL OF ISSUANCE BY THE SUFFOLK
REDEVELOPMENT AND HOUSING AUTHORITY
OF ITS INDUSTRIAL DEVELOPMENT REVENUE BOND
Project Name:
William A. Crosby
Locat ion:
Description of Project:
Amount of Bond Issue:
8.25-acre site at Donna Boulevard
adjacent to the Friends School
148-unit, multi-family, residential,
rental project
$4,200,000
Principals:
William A. Crosby
December 12, 1983
-9b-
CRVB2/BOND26
Draft 12/6/83
A meeting of the Council of the City of Virginia Beach,
Virginia, was held in the Council Chambers, in the Administration
Building, on the 12 day of December , 198 ~
On motion by
Councilman Kitchin
Councilman McCoy and seconded by
, the following Resolution was adopted.
RESOLUTION OF CITY COUNCIL INVITING THE
ISSUANCE OF INDUSTRIAL DEVELOPMENT REVENUE
BOND TO WILLIAM A. CROSBY BY
SUFFOLK REDEVELOPMENT AND HOUSING AUTHORITY
WHEREAS, William A. Crosby and Crosby Construction Company,
or any entity in which William A. Crosby or Crosby Construction
Company is a principal (the Developer) desires to acquire,
construct and equip a 148-unit multi-family residential rental
project in the City of Virginia Beach, Virginia; and
WHEREAS, the City of Virginia Beach wishes to induce
construction of housing in order to provide needed apartment
dwellings; and
WHEREAS, the Developer desires to finance the development of
said housing with the proceeds of industrial revenue bonds exempt
from taxation pursuant to Section 103(b) (4) (A) of the Internal
Revenue Code; and
WHEREAS, the Suffolk Redevelopment and Housing Authority has
power to make loans for assistance in housing construction, and
is willing to issue its bonds for the benefit of the Developer;
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
1. There is need for the Suffolk Redevelopment and Housing
Authority (the Authority) to exercise its aforesaid powers within
the City of Virginia Beach for the purposes hereinabove
described, and the Authority is invited and encouraged to issue
its bonds for the benefit of the Developer and the furtherance of
said purposes.
2. These resolutions shall not be deemed an endorsement of
said bonds or the creditworthiness of the Authority, the
December 12, 1983
-9c-
Developer or any other person or entity, and the bonds shall
provide that the City of Virginia Beach, Virginia, shall not be
obligated to pay the bonds or the interest thereon or other costs
incident thereto, and neither the faith and credit nor the taxing
power of the Commonwealth of Virginia, the City of Virginia Beach
or the Authority shall be pledged thereto.
Adopted December 12 19 83
-2-
December 12, 1983
-11-
Item II-G.1
CONSENT AGENDA
ITEM # 21085
Upon motion by Councilwoman Creech, seconded by Councilwoman Oberndorf,
City Council ADOPTED a Resolution in Recognition - HAYGOOD SHOPPING
CENTER (LEE A. GIFFORD).
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor
Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones,
Robert G. Jones, W. H. Kitchin, III, Reba S. McClanan, and
Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
J. Henry McCoy, Jr., D.D.S.
December 12, 1983
-lla-
RESOLUTION
WHEREAS:
In the course of our lives, there are many who attain fame and
wealth, yet there are few who render such services to their fellow citizens
in a quiet, unassuming manner--and, in their mode of life, place their
values on the comfort and well-being of the community. It is to one of
these citizens that the Virginia Beach City Council today pays tribute in
recognizing:
LEE A. GIFFORD
WHEREAS:
His diversified building interests and professional activities
are numerous. He is an active imaginative businessman who has set stan-
dards worthy of emulation. He is a developer whose unique combination of
single- and multi-family living has coordinated with private, professional
and commercial establishments to convenience residential areas within walk-
ing distance to various services and shopping centers. His concern for
better living is vividly expressed by seasonal plantings and maintenance of
gardens, trees and signage. The backgrounds, foregrounds and buildings
maintenance evidence careful planning as well as present aesthetically
beautiful areas not. only for those who live, work and play there, but also
to visitors and tourists alike. A true example of this blend of cultural,
social and human creation is HAYGOOD SHOPPING CENTER;
WHEREAS:
Mr. Gifford has contributed untiringly for more than twenty-
five years as a developer of Lake Smith Terrace, Lake Smith Terrace West,
Lake Shores, Old Donation, Old Donation Manor, Haygood Halls, Haygood Shop-
ping Center, Haygood Mini Storage and Haygood Executive Park -- he.still
found time to serve his community as President of Tidewater Home Builders
Association and his state as President of the Home Builders of Virginia.
His individual and personal attention to home buyers has earned him the
affectionate title of the "Dean of Home Builders"; and,
WHEREAS:
Among all these activities and responsibilities, Mr. Gifford has
left a mark of beauty -- nature's beauty, cultivated and maintained -- to
add aesthetics superior to all other areas. Throughout this city and all
others in Tidewater Virginia, regardless of the season, nothing can surpass
the beauty of the Haygood area.
NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council
pauses in its deliberations to pay tribute to
LEE A. GIFFORD
for his contribution to the citizens of this municipality, for his per-
sonal and professional accomplishments and for allowing us the privilege of
gardens, residential, service and commercial beauty second to none on the
East Coast.
BE IT FURTHER RESOLVED: That this Resolution be framed for presen-
tation and the Clerk of Council directed to incorporate this 'tribute to
Lee A. Gifford in the record of this Formal Session of City Council this
Twelfth day of December, Nineteen Hundred Eighty-Three.
Given under my hand and seal,
Mayor
December 12, 1983
-12-
Item II-G.2
CONSENT AGENDA
ITEM # 21086
Upon motion by Councilwoman Creech, seconded by Councilwoman Oberndorf,
City Council ADOPTED a Resolution in Recognition - THE CHIEFS, KEMPSVILLE
HIGH SCHOOL FOOTBALL TEAM.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor
Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones,
Robert G. Jones, W. H. Kitchin, III, Reba S. McClanan, and
Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
J. Henry McCoy, Jr., D.D.S.
December 12, 1983
-12a-
RESOLUTION
WHEREAS:
Sports have always had a place in the American way of life and
competition has grown as individual players master their own skills, phys-
ical strength and stamina to compete in local, state and national events;
WHEREAS:
THE CHIEFS, Kempsville High School's football team, played before
the largest crowds in Beach District history and was the FIRST to compile
a perfect 10-0 record in a regular season -- likewise the FIRST team to
advance to the State Finals with thirteen victories in a single season (the
most ever compiled by a Southampton Roads football team) -- they won the
Beach District 1983 Football Championship and the Virginia High School
League Regional 1983 Football Championship. Five of their players occupy
berths on the 51st Annual All-Tidewater 24-player squad. One of these was
selected "Player of the Year" for his carrying the football more times and
gaining more yardage than any local player ever in a single season; ten
were named to the Ail Beach District and four to the Ail Eastern Regional.
WHEREAS:
The Kempsville High School CHIEFS were the outstanding team in
the State throughout the season and after the first round of playoffs,
Kempsville was the only undefeated team in the State-wide playoff. This
record resulted in THE CHIEFS being "Host" for the First Virginia High
School League Football Championship Game ever televised in every city, town
and county in the Commonwealth with delayed broadcasts in several south-
eastern states.
NOW, THEREFORE, BE IT RESOLVED:
That the Virginia Beach City Council hereby recognizes:
THE CHIEFS
KEMPSVILLE HIGH SCHOOL FOOTBALL TEAM
for their athletic achievement and pay tribute to the team and their
coaches for this state-wide recognition in the sports field of football.
BE IT FURTHER RESOLVED:
That this Resolution be framed for presentation with a copy to be
spread upon the Minutes of this Formal Session of the Virginia Beach City
Council this Twelfth day of December, Nineteen Hundred Eighty-Three.
Given under my hand and seal,
Mayor
December 12, 1983
-13-
Item II-G.3
CONSENT AGENDA
ITEM # 21087
Upon motion by Councilwoman Creech, seconded by Councilwoman Oberndorf,
City Council ADOPTED a Resolution directing the 1984 LEGISLATIVE PACKAGE
to be presented to the 1984 Virginia General Assembly for consideration
and endorsing its contents.
City Manager Muehlenbeck noted that a definition of "border streets" was
included in the 1984 Legislative Package.
Councilwoman McClanan expressed reservations about the Legislative Package.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor
Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones,
Robert G. Jones, W. H. Kitchin, III, Reba S. McClanan, and
Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
J. Henry McCoy, Jr., D.D.S.
December 12, 1983
-13a-
RESOLUTION
WHEREAS, the Council of the City of Virginia Beach,
Virginia, has reviewed the presentation concerning certain
legislative proposals; and
WHEREAS, after due consideration, the Council is of
the opinion that such proposals would be beneficial to the
citizens of the City.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF
THE CITY OF VIRGINIA BEACH, VIRGINIA:
THAT the document attached and marked "Exhibit A"
and entitled "CITY OF VIRGINIA BEACH 1984 LEGISLATIVE
PROPOSALS" presented for consideration to the 1984 Virginia
General Assembly is hereby endorsed by the Council as the
City's official legislative requests and recommendations for
the 1984 session.
The City Clerk is directed to forward a copy of
this resolution with "Exhibit A" to each member of the
General Assembly representing the City of Virginia Beach,
Virginia.
ADOPTED:
December 12, 1983
JDB: er
12-6-83
December 12, 1983
-13b-
INDEX
198# LEGISLATIVE PROPOSALS
Item Number
8
9
10
11
12
13
15
16
17
18
19
20
Item
Funding of Education
Highway Construction Funding Based Upon Need
Urban Traffic Counts
Hauling Materials on Highways
increased Funding for Medical Educational/
indigent Care for Eastern Virginia Medical
Authority (EVMA)
Distribution ol ABC Profits and Tax on Wine
Increased Appropriation for Pendleton Child
Service Center
Funding for Public Libraries
Proposed Contraband Forfeiture Act
Issuance of Summons for Misdemeanors not
Committed in Police Officers' Presence
Flashing Red and White Lights for Emergency
Vehicles
Emergency Sand-Grading Activities
Roll-Back Taxes
Delinquent Fees for Local Services
License Fees for Dogs
Anti-Trust Exemptions for Localities
Procurement of Professional Services
Abandoned Motor Vehicles
Tax Deduction for Mileage for Charitable
Purposes
Improvements to Highways Adjacent to
Subdivisions
December 12, 1983
-13c-
I. Fundin~ of Education
Comment;
The Constitution of Virginia states: "The General Assembly shall provide for a
system of free public elementary and secondary schools for ali children of school age
throughout the Commonwealth and shall seek to ensure that an educational program of
high quality is established and continually maintained." To meet this requirement, the
legislature has established the Standards of Quality which mandates the existence of
educational programs throughout the state. Because the General Assembly is
responsible for providing a system of free public education, it should also support
financially those aspects of the educational program which it mandates by law. These
mandates should be funded on the basis of realistic average costs and the state should
bear a fair share of the cost. It is the responsibility of the state to fund, on a
state-wide basis, the Basic Education Program to a student in the Commonwealth.
Foremost consideration should be given to realistic funding of the Standards of
Quality basic aid formula. In 1981, the State Board of Education requested that the
per pupil expenditure required by the Standards of Quality for FY 1982- 8~ be set at
$[,638 for the first year of the biennium and at $[,801 for the second year. The
additional state aid would have provided for the first time, realistic funding for the
per pupil cost of education. However, the budget adopted by the General Assembly
for the lgg2-g~ biennium provided a per pupil allocation of $1,320 for FY83 and
$1,~6~ for FY. 8~. This is substantially below the basic aid needed by school divisions
in the Commonwealth. A report prepared by the star! of the 3oint Legislative Audit
and Review Commission in September 1983 states that the Commonwealth's
tr.,ditional share of funding for the Standards of Quality has declined in recent years.
During 3uly 1983, the State Board of Education approved its 198~-86 Financial
and Addendum Proposals for submission to the Governor's budget office. This action
recommends that basic aid amounts per pupil be raised to $1,610 for 198~-85 and
$1,766 for 1985-86.
Recommendation:
The General Assembly should raise the per pupil allocation for 198~-86 to that
amount recommended by the State Board of Education which reflects the actual cost
of the Standards of Quality. To accomplish this, the General Assembly should enact
an additional one percent statewide sales tax to be returned to localities on the basis
of school-age population.
December 12, 1983
-13d-
2. Highway Construction Funding Based Upon Need
Comment:
The Virginia Department of Highways and Transportation has compiled a
document entitled= "State-Wide Transportation Planning Present and Future Needs,"
which estimates the present and future highway construction needs for each locality in
Virginia through the year 2005. The total cost of all projects in this document for the
entire state is $15,~08,0~3,637. The document lists the total needs for Virginia Beach
at $785,337,976, which is the highest of any locality in the state. Accordingly, Virginia
Beach's needs are 5. l% of the total highway construction needs of the State of
Virginia.
in 1981, the State Highway and Transportation Commission adopted a six-year
highway improvement program which included funding for projects in all localities.
The 1982-83 allocation for Virginia Beach is $6,29~,000 or l.~5% of total highway
construction allocations in Virginia. If Virginia Beach's allocation for FY 82-83 were
equivalent to its percentage of the total state-wide need, or 5.1%, Virginia Beach
should have been allocated $22,15~,000.
For the entire six-year highway improvement program through 1988, Virginia
Beach is scheduled to receive $26,805,000 which is 1.18% of the total highway
construction allocations for the state. If Virginia Beach's allocation for the entire six
years were equivalent to its percentage of the total state-wide need, or 5.1%, Virginia
Beach should have been allocated $115,287,600.
The Virginia Department of Highways and Transportation has determined that
Virginia Beach has 5.1% of the construction needs in the state~ however, the
Commission is only funding one-fifth of those construction needs. This discrepancy is
unfair and must be changed.
The interim report of the 3oint Legislative Audit and Review Commission
(3LARC) on equity of current provisions for allocating highway construction funds in
Virginia, dated December 1982, found that changes are needed in the methods for
allocating funds. The proportion of funds provided to the three highway systems
(primary, secondary and urban) do not reflect the relative needs identified in those
.systems. The report recommended that the proportion of funds be changed from the
current 50%, 25%, 25% respectively to one-third each, and that a formula using
factors relating to highway needs be enacted for distributing funds within the urban
.system.
Recommendation:
The General-Assembly should amend the Code of Virginia to substitute a new
system for allocating highway construction funds as recommended by 3LARC. The new
system should distribute funds equally among the primary, secondary and urban
systems and establish a formula for allocating funds within the urban system based
upon need.
December 12, 1983
-13e-
Urban Traffic Counts
Comment:
For many years the Virginia Department of Highways and Transportation (VDH &
T) has conducted traffic counts on each of the highway systems in the state.
However, they perform these counts on highways in the interstate, primary and
secondary systems as a matter of policy but perform the counts on the highways in
the urban system only as a service to localities. In recent years, because of funding
cutbacks, VDH & T has discontinued its urban traffic count program and the Secretary
of Transportation is not optimistic that it can be reinstated.
While many cities collect their own traffic data, the VDH & T urban traffic
counts are important for several reasons. They provide a uniform basis upon which
to compare cities across the state, and they provide VDH & T with adequate data to
plan future highway construction projects in the urban system. A recent report by the
3oint Legislative Audit and Review Commission on highway construction allocation
concludes that vehicle miles travelled (derived from traffic counts) is the most
si§nificant factor in establishing highway allocation formulas. Therefore, it is
important to continue the urban traffic count program for proper allocation of future
state hi§hway revenues.
Recommendation:
The General Assembly should enact legislation which requires the Virginia
Department of Highways and Transportation to continue the urban traffic count
program comparable to that [or the interstate primary and secondary highway
systems. The General Assembly should also appropriate adequate funds for these
counts.
December 12, 1983
-13f-
Hauling o! Materials on Highways
Comment:
Litter control on city streets has become a major problem throughout Virginia and
the United States. Virginia Beach spends approximately Sz~00,000 per year to clean up
litter and debris deposited on city streets. Much of this litter inadvertently escapes
from vehicles hauling trash or other material on city streets which are improperly
constructed and in .which the material is not covered. It is not unusual to see a
vehicle travelling down the street with its contents blowing all over the road even
though Section ~6.1-303 of the State Code requires that a vehicle be constructed,
maintained, and loaded as to prevent its contents from dropping, sifting, leaking or
otherwise escaping therefrom. In order to help prevent this from occurring and
reduce the cost of litter cleanup in communities, the material hauled in vehicles
should be covered to prevent it from escaping.
Recommendation:
The General Assembly should amend Section ~6.1-303 of the Code of Virginia to
require that any vehicle operated or moved on a highway in which material is hauled,
such material must be covered and confined within the vehicle; except, however, that
the requirement to cover such material will not apply to a vehicle engaged in moving
farm produce or other agronomic crops from a farm as an incidental part of
harvesting operations, along a public highway to a storage house, packing plant,
market or transportation terminal when such use is a seasonal operation.
December 12, 1983
-13g-
Increased funding for Medical Education/Indigent Care for Eastern Virginia
Medical Authority (EVMA)
Comment:
The medical education programs in all of the hospitals connected with the Eastern
Virginia Medical Authority provide care to the medically indigent as do state
university hospitals. Because of this, the General Assembl~ of Virginia began a
modest funding of direct state aid for this care in the 1978-80 biennium of $~.5
million. Channeled through the medical education programs of EVMA, these funds are
used to partially offset the costs of physician services and hospital care to those
individuals fbr which no other payment is available. Local governments in eastern
Virginia also contribute annually to EVMA, including $250,000 from Virginia Beach.
As an outgrowth of the depression years, state university hospitals have generally
received funding for indigent care. In Virginia, these funds have become an important
part of the total financial support of the state medical school/hospital operations. For
the 1982-8z~ biennium, the Medical College of Virginia (MC¥)in Richmond will
receive approximately Sz~ million in direct state funding for indigent care. The
University 'of Virginia School of Medicine (UVA) in Charlottesville will receive
approximately $25 million. However, Eastern Virginia, through the EVMA Programs,
will receive approximately $6..5 million.
The Governor has approved FY 198~t-86 budget targets which will increase funding
by approximately $33 million for MCV and UVA medical schools for care of indigents.
The Governor's budget is expected to recommend this increase to the General
Assembly with no funding increase for EVMA.
Eastern Virginia has 30% of the medically indigent population in the state which
is higher than the areas served by MCV or UVA. However, EVMA will only receive
$.6% of the medical education/indigent care funding. This disparity is expensive.
EVMA hospitals must write off uncollectable bills which total more than $30 million
each year. The losses incurred through these write-offs must be made up the
following year through higher charges to self-paying and insured patients.
Recommendation:
The General Assembly should provide additional medical education/indigent care
funding to Eastern Virginia Medical Authority which approximates the percentage of
medically indigent patients in Eastern Virginia as compared to the rest of the state.
December 12, 1983
-13h-
Distribution of ABC Profits and Tax on Wine
Comment:
§ ~-22 of the Code of Virginia states that the net profits derived from the
operation of ABC Stores statewide are to be distributed to localities based upon
population according to the last preceeding United States Census. § t¢-22.1 of the
Code of Virginia provides that 22% of the tax levied on each liter of wine sold in
Virginia is to be distributed to localities based upon population according to the last
preceeding United States Census. The Tayloe Murphy Institute of the University of
Virginia is the official agency for determining population estimates for the State of
Virginia and its localities. Virginia Beach is one of the fastest growing localities in
the United States and the Tayloe Murphy Institute has been estimating an annual
population increase for Virginia Beach since 197t,.
If the ABC net profits and the state tax on wine had been allocated to localities
based upon Tayloe Murphy Institute population estimates for the period FY 197~ to
1981, Virginia Beach would have received an additional SI,028,380 and $[07,150
respectively. Therefore, it is clear that the use of the United States Census, in
formulas distributing state money to localities, i~ unfair. Virginia Beach is continuing
to grow and our 1981 Tayloe Murphy population estimate is 10,701 higher than our
1980 census figures. Therefore, population estimates by the Tayloe Murphy Institute
should be used for all funding formulas which are based upon population.
Recommendation:
The General Assembly should amend § t,-22 and § ~-22.1 of the Code of Virginia
relating to the distribution of ABC profits and the tax on wine to allow the use of
annual population estimates by the Tayloe Murphy Institute of the University of
Virginia instead of the last preceding United States Census.
December 12, 1983
-13i-
7. Increased Appropriation for Pendleton Child Service Center
Comment=
The Pendleton Child Service Center provides children five to twelve years old with
treatment to alleviate behavioral and learning problems. The Pendleton (:enter
accepts children with behavioral problems such as aggression, defiance, inadequate
self-control, dishonesty, and social isolation and admits them on an outclient or
residential basis. Pendleton's staff applies psychological diagnostic procedures to
children, and trains parents and teachers to use intervention methods to prevent or
reduce the necessity of contact with other human service organizations (i.e., juvenile
justice, social services, mental health). The staff is involved in community training
activities for parenting skills, teacher training, and social skills for classroom children.
During the last biennium, Pendleton Child Service Center provided treatment
services to the following: 560 children who remained in their homes and in the public
school system while staff worked with the parents and teachers to restructure the
child's environment so that it reinforced his appropriate behavior and discouraged his
inappropriate behavior (outclient services); [05 children temporarily placed in the
residential program where Center staff could control behaviors by providing a
structure of consistent responses to behaviors in order to assist the child to learn
environmental expectations and to assume responsibility for appropriate behavior
(residential services)l and 99 children who were in the structured environment of
residential services for a portion of the day while still living at home (day services).
Over the last several years, there has been a notable increase in the number of
girls requiring residential treatment services. For example, in [98l, 13 girls required
residential treatment services. In 1983, lg girls required residential treatment
services. Currently, girls needing residential treatment have access to the day
treatment component only, since the facilities cannot be modified to provide a small
four-bed wing.
Created as a preventive service from the initiative of Governor Holton's office,
Pendleton Child Service Center continues as a joint effort between the Commonwealth
of Virginia and the Cities of Virginia Beach and Chesapeake. The General Assembly's
funding level has remained at a constant level of $100,000 since FY 81.
Recommendation=
The General Assembly should increase its appropriation to Pendleton Child Service
Center from $[00,000 per year to $150,000 per year. The increased appropriation
would allow a small four-bed module to be added so that girls residing in Chesapeake
and Virginia Beach would have equal access to all Pendleton Child Service Center's
treatment services.
December 12, 1983
-13j-
g. Funding for Public Libraries
Comment'-
Public libraries, while historically an inte§ral part o! the State's mandate to
provide educational services, have not kept pace with public schools in terms of State
fiscal assistance. The State's public libraries are essentially supported by local
government, with localities contributing 92% toward this support. The State currently
pays approximately 7% of the cost of public library services, although libraries,
through interlibrary loan and automation, are a statewide resource available to every
citizen. [n addition, many of the public library resources are devoted to the public
school population in terms of supplementary course materials and after-school hours
research services.
By Virginia state law, every qualifying public library is given financial aid by
formula. "Full funding" means that the full amount prescribed by the legally
established formula is actually appropriated by the legislature; that is, that appro-
priation equals authorization. Specifically, in 1983-8~, Virginia Beach was eligible for
231,220 in state aid funds, but received only $177,1z~7.
Recommendation:
It is recommended that the General Assembly appropriate 'funds for public
libraries up to the level already authorized by state law; that is, full funding of the
state-aid formula.
December 12, 1983
-13k-
9. Proposed Contraband Forteiture Act
Comment:
AIl businesses need money and property to create products, to deliver them to
their customers, to promote sales and to grow. Criminal businesses are no different.
Drug dealers need money and property to produce and market their contraband goods.
Drug trafficking is big business and is organized to earn huge profits. Each year,
Americans spend almost $80 billion to buy illicit drugs. Money and property are at
the heart of this illegal business. One way to combat this problem and to be
successful against drug traffickers is to raid their treasures and confiscate their
ill-gotten wealth. The power to confiscate the financial resources of criminals exists
in the ancient Law of Forfeiture.
Section ~-56 of the Code of Virginia establishes a procedure for the search,
seizure, and forfeiture of conveyances or vehicles used in violation of law, but this
act was adopted almost 50 years ago and was aimed primarily at confiscation of
bootleg whiskey. It is very cumbersome for prosecutors and law enforcement agencies
to use against the growing drug trade. The act also provides that most of the
forfeited contraband be deposited into the State Literary Fund.
The Federal Drug Enforcement Administration has seized millions of dollars in
drug-related assets and used these assets to finance criminal investigations. It is
certainly logical to use confiscated drug funds and assets to offset the high cost of
drug law enforcement. The Virginia Beach Police Department recovers and turns in to
the State Treasury a minimum of $30,000 annually through investigations of drug and
other illegal activities. If the state code were amended to allow drug monies to go
back to the local law enforcement agency which confiscated it, the probability exists
that drug law enforcement may eventually pay its own way.
Recommendation:
The General Assembly should amend the Code of Virginia to enact a Contraband
Forfeiture Act which allows the local law enforcement agency to seize any contraband
article or property. The contraband should automatically become the property of the
Commonwealth of Virginia and then be turned over to the law enforcement agency
which originally confiscated it for use in controlling drug trafficking and other illegal
activities.
December 12, 1983
-131-
10.
Issuance of Summons for Misdemeanors not Committed in Police Officers'
Presence
Comment:
Section 19.2-81 of the Code of Virginia provides that a police officer may arrest
without warrant for an alleged misdemeanor not committed in his presence involving
shoplifting or assault and battery when such arrest is based on probable cause upon
reasonable complaint of the person who observed the alleged offense.
Currently when a police officer is dispatched to a business establishment for a
shoplifting complaint, he has two options; first, obtain the name and address of the
suspect and provide same to the victim for the purpose of obtaining an ara'est warrant;
or, second, take the suspect into custody and respond to the magistrate's office for
the purpose of securing a warrant. A police officer is not allowed to issue a summons
to the person arrested for shoplifting and release him on the spot.
During the calendar year 1982, the Virginia Beach Police Department responded to
1,320 shoplifting complaints and made arrests in 819 of those cases. The physical
arrest often requires the services of a police officer for approximately one hour.
Issuing a summons to the suspect at the scene versus taking him before a magistrate
could save the police officer as much as forty-five minutes per arrest.
Recommendations:
The General Assembly should amend Section 19.2-81 of the Code of Virginia to
allow police officers to issue a summons to a person arrested for a misdemeanor not
committed in their presence involving shoplifting.
December 12, 1983
-13m-
II. Flashing Red and White Lights for Emergency Vehicles
Comment:
Section ~6.1 of the COde of Virginia allows police and other emergency vehicles to
be equipped with flashing, blinking or alternating red emergency lights of a type
approved by the Superintendent of State Police. However, a recent report by the U.
S. Department of Commerce, National Bureau of Standards, entitled "Emergency
Vehicle Warning Systems" states that the first step in improving the visual
effectiveness of emergency vehicle warning systems should be to alternate color with
white. The report states that red is the best choice of colors to be alternated with
white and that the use of white as part of the primary emergency signal is essential
to achieve the objective of alerting motorists at the longest visible range.
The Virginia Beach Police Department would like to test and use alternating red
and white lights if they are proven to be effective; however, an amendment to the
state code is necessary.
Recommendation:
The General Assembly should amend Section 46.1-276 of the Code of Virginia to
allow police and other emergency vehicles to be equipped with either flashing red or
flashing red and white emergency lights.
December 12, 1983
-13n-
12. _E_mergenc¥ Sand-Grading _Activities
Comment:
In 1952 the Virginia General Assembly modified the Wetlands Act to regulate uses
on non-vegetated wetlands which include the area seaward o! mean high water
adiacent to the coastal primary sand dunes. Virginia Beach has adopted a local
wetlands zoning ordinance and activities in this area seaward of the coastal primary
sand dune are subiect to permit by the local Wetlands Board. However, since Virginia
Beach is subject to heavy rain and wind storms, which occasionally cause serious
erosion and hazards to the beach and the property adiacent to the sand dunes, the
City Council has authorized, on an emergency basis, certain sand-grading permits in
the coastal areas instead of the landowners having to obtain a permit from the
Virginia Beach Wetlands Board, The reason for this action is to expedite the
sand-grading activities which protect the coastal 'properties since the permit process
by the Wetlands Board involves several months. However, even though City Council
meets weekly, this emergency action is often not timely enough. Emergency conditions
can occur overnight in certain coastal areas of Virginia Beach which require
immediate action.
Recommendation:
The General Assembly should amend Section 62.1-13.5 (3g) and Section 62.1-13.23
(3K) of the Code of Virginia to allow the local Director of Emergency Services to
declare an emergency so that property owners can obtain sand-grading permits
immediately without having to wait for the local governing body to meet and declare
an emergency.
December 12, 1983
-13o-
I 3. Roll-Back Taxes
Comment:
It is the policy of the Commonwealth to encourage the preservation and proper
use of real estate devoted to agricultural, horticultural, forest and open space uses.
Therefore, the General Assembly has given authority to counties, cities and towns to
adopt local ordinances to provide for use value assessments and taxation on property
in these four categories.
Virginia Beach has determined that the preservation of these lands is in the public
interest and has adopted ordinances providing for use assessments and taxation. As a
part of this pro§ram~ the state code requires that when real estate changes from a
use which qualifies for reduced assessment and taxation to a non-qualifying use, the
owner must pay all back taxes (roll-back taxes) for each year under the use
assessment up to a maximum of five years. This requirement also provides that
simple interest must be paid on roll-back taxes at the same interest rate applicable to
delinquent taxes. The current interest rate charged on delinquent taxes is 15.6% after
the first year and is seen by many landowners as a penalty which should not be
applied to roll-back taxes. Landowners considering preserving their land by applying
for use assessment and taxation may be discouraged when they compute the amount of
interest which must be applied to the roll-back taxes once the qualifying use is
converted. In order to eliminate this disincentive, localities should be allowed to
charge a lesser interest rate on roll-back taxes than that applied to delinquent taxes.
Recommendation:
The General Assembly should amend Section 5g-769.[0 of the Code of Virginia to
allow localities to charge a lower interest rate on roll-back taxes than that applicable
to delinquent taxes.
December 12, 1983
-13p-
Delinquent Fees for Local Services
Comment:
The Virginia Beach City Charter gives the City Council the authority to establish
such fees as may be determined by the Council to be reasonable for the rendering of
special services. As a result, the City Council has imposed fees for many different
services which cover the city's cost to provide these services to the users.
Unfortunately, we occasionally have certain fees which go unpaid and become difficult
to collect. In 1983 alone, City Council has written off $70,682.90 in uncollectable
accounts. Since most of these fees are very small and usually less than $~0, the City
Treasurer has determined that it is not cost effective to collect minor delinquent fees
by going to court. However, if a substantial collection charge or late payment
penalty could be added to the fee, it would then be worth more to the city than it
would cost to collect such amounts through court procedures.
Recommendations:
The General Assembly should enact legislation which would authorize localities to
impose a charge to cover the administrative and legal costs of collecting delinquent
city fees.
December 12, 1983
-13q-
[5. License Fees for Dogs
Comment:
Section 29-213. ll of the Code of Virginia requires that the governing body of
each county or city impose by ordinance an annual license tax on the ownership of
dogs within their jurisdictions. Section 29-213.12 states that such license tax is
payable on :January I and not later than 3anuary 31 of each year. The primary
purpose for local licenses is to ensure that dogs have been innoculated for rabies by a
veterinarian and no license can be issued without satisfactory evidence of this
innoculation.
Developments in veterinary medicine have produced rabies vaccines for dogs
which last up to three years; however, the local license has remained an annual
requirement. The City Treasurer issues approximately 23,000 dog licenses in Virginia
Beach annually. The cost to administer this license program and the inconvenience
to dog owners could be reduced if the dog license were issued for up to a three-year
period as long as it did not exceed the life of the rabies innoculation as certified by a
veterinarian.
Recom mendatJon:
The General Assembly should amend Section 29-213. ll and 29.213.12 of the Code
of Virginia to allow localities to impose a license tax on the ownership of dogs for up
to three years as long as it parallels the rabies vaccine given to the dog.
December 12, 1983
-13r-
16. Anti-Trust Exemption for Localities
Comment:
In Community Communications Company~ Inc. versus City of Boulder (1982), the
Supreme Court ruled that any municipal activity which was not authorized by a
clearly articulated and affirmatively expressed state policy of substituting regulation
[or competition may be challenged under the federal anti-trust laws. As a result of
the Boulder ruling, cities, unlike states, may be subject to liability under the
Sherman Anti-Trust Act and their governing bodies exposed to the treble damage
provision of the Act.
The Boulder ruling has also raised the possibility that localities may not be
exempt from the Virginia Anti-Trust Act. In order to protect city councils in their
day-to-day deliberations, exemptions from both federal and state anti- trust laws are
necessary.
Recommendation:
The General Assembly should amend Section 59.1-9.g of the Code of Virginia to
specifically exempt local governments from the Virginia Anti-Trust Act.
December 12, 1983
-13s-
17. Procurement of Professional Service~
Comment:
In 1982 the General Assembly enacted the Virginia Public Procurement Act to
enunciate the public policies pertaining to governmental procurement from
non-governmental sources. For the most part, the Act exempts any county, city or
town whose governing body adopts alternative policies and procedures which are based
on competitive principles and which are generally applicable to the procurement of
goods and services. Originally, local ordinances were not required to seek competitive
bids for the procurement o! professional services such as accounting, legal,
architectural or professional engineering) however, in 1983 the General Assembly
amended Section I 1-35 (E) of the Procurement Act to require that all counties, cities
and towns, follow the exact provisions of the Act when acquiring professional services.
Thus, any alternative policy adopted by a locality for professional services under the
original Act was void.
Localities are now required to advertise for proposals for most professional
services which in some cases may delay proiects that require immediate action since
there is no provision in the state code for waiver of bids in the case of an emergency.
Also, the state process for considering bids other than the lowest financial bid is so
cumbersome that often localities cannot select the best overall bid for their purposes.
This does not seem necessary since many localities now have local procedures which
call for a committee to evaluate proposals for professional services using many
criteria and then select the best one. The procedures also allow for a speedy
selection of consultants to avoid costly delays in construction proiects.
Recommendation:
The General Assembly should amend Section l 1-35 (E) of the Code of Virginia to
delete the requirement that all localities follow state procurement practices when
acquiring professional services.
December 12, 1983
-13t-
18. Abandoned Motor Vehicles
Comment:
There currently exists two separate sections of the Code of Virginia pertaining to
abandoned motor vehicles. Section ~6.1-3 pertaining to removal and disposition of
unattended, abandoned or immobile vehicles has been part of the state code since
1950. Chapter 10 o! Title ~6.1 entitled "Abandoned Motor Vehicles" was adopted as
a comprehensive approach to problems surrounding motor vehicles in 1968. However,
Section ~6.1-3 has never been repealed and the two sections overlap in some instances
and are contradictory. Since 1968, both sections have been amended and now provide
a confusing picture to private property owners and municipalities who must deal with
abandoned motor vehicles.
A recent survey of automobile dealers and automobile repair establishments in
Virginia Beach indicate that 67% of these establishments find the state code confusing
and favor a clarification.
Recommendation:
The General Assembly should amend Chapter 10 of Title ~6.1 of the Code of
Virginia to incorporate all necessary and non-contradicting provisions of Section
~6.1-3. The General Assembly should then repeal Section ~6.1-3 of the Code of
Virginia to eliminate the confusion over two separate sections addressing the same
topic of abandoned motor vehicles.
December 12, 1983
-13u-
19.
Tax Deduction [or Mileal~e for Charitable Purposes
Comment:
In 1983 the Virginia General Assembly established a 3oint Sub-Committee to study
incentives to encourage volunteerism throughout the state. This Sub-Committee has
received recommendations from various state and local agencies suggesting numerous
ways the General Assembly could play a role in encouraging volunteerism.
One of the biggest problems agencies must overcome in recruiting volunteers is
the cost of transportation. This is often the most significant cost for a volunteer
dlld [requently a disincentive. The Director of the Virginia Office on Volunteerism
has recommended to the Sub-Committee that the General Assembly increase the tax
deduction for mileage for charitable purposes and service to state and local
governments to correspond to the rate used in computing the business expense
de(Juction. The business deduction is currently twenty cents per mile while the
allowable deduction for volunteer mileage is nine cents per mile. An increase in this
tax deduction for charitable purposes would be a concrete endorsement of
volunteerism throughout the state.
~!/hile it is difficult to estimate the impact on state revenues from this exemp-
tion, North Carolina officials project that after one year's experience of allowing an
eighteen-cent per mile deduction, the fiscal impact will be approximately $50,000.
Recommendation:
The General Assembly should amend the Code of Virginia to increase the state
income tax deduction for mileage for charitable and volunteer purposes from the
current nine cents per mile to twenty cents per mile.
December 12, 1983
-13v-
20. improvements to Highways Adjacent to Subdivisions
Comment:
On October 5, 1979 the Supreme Court of Virginia ruled in the case of Hylton
Enterprises, Inc. vs. the Board of Supervisors of Prince William County, et al, on the
question of whether a local governing body may require as a prerequisite to approval
of a subdivision plat that the developer construct improvements to existing public
highways that abut the subdivision. The court held that in the absence of an
agreement to the contrary, the enabling statues in Virginia provide no express
authority to exact the cost of these improvements from the developer. The court made
its findings based on the following determinations of the applicable statutes:
(l)
The authorization under the enabling zoning statues to ensure adequate
access to residential planned communities does not imply authorization
to extract payment for improvements to existing public highways.
(2)
The authority granted by the statutes to localities to coordinate streets
within a subdivision does not imply such authority to require these im-
provements.
In Virginia Beach, developers submit an average of forty new subdivision requests
per month. Most of these subdivisions occur in the undeveloped portion of the city
which consists of narrow two-lane farm-to-market roads. The subdivisions and
developments adjacent to these two-lane roads clearly add to their traffic volume and
increases the need to improve them. Therefore, developers of property adjacent to
existing roads should be required to participate in the cost of upgrading and improving
the roads.
Recommendation:
The General Assembly should amend § 15.1-~#6 of the Code of Virginia to allow
localities to require a subdivider of land to pay his pro rata share of the cost of
providing reasonable and necessary roads outside the limits of the property he is
developing. Such share should be limited to the proportion of the total estimated cost
which the increased traffic flow generated by his subdivision or development bears to
the total estimated volume of traffic generated in the area served by the roads when
such area is fully developed. The cost sharing should also be based upon a formula
which adheres to an established street improvement program and is coordinated with
the comprehensive plan of the locality.
December 12, 1983
-14-
Item II-G. 4
CONSENT AGENDA
ITEM # 21088
Upon motion by Councilwoman Creech, seconded by Councilwoman Oberndorf,
City Council ADOPTED a Resolution requesting funding assistance from the
Virginia Beach Division of Parks and Recreation for the BRIGADOON PARK
FITNESS TRAIL.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor
Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones,
Robert G. Jones, W. H. Kitchin, III, Reba S. McClanan, and
Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
J. Henry McCoy, Jr., D.D.S.
December 12, 1983
-14a-
RESOLUTION REQUESTING FUNDING ASSISTANCE
FROM THE VIRGINIA DIVISION OF PARKS AND
RECREATION FOR THE BRIGADOON PARK FITNESS
TRAIL
WHEREAS, the Virginia Division of Parks and Recreation
provides funding assistance tc localities to develop outdoor fitness
facilities, and
WHEREAS, there is an urgent need within the Brigadoon
section of Virginia Beach to develop such a facility, and
WHEREAS, the Brigadoon Civic League has expressed its
support for the creation for such a facility through a donation of
$300.00, and
WHEREAS, the Brigadoen Civic League will assist in the
construction of such fitness facility, and
WHEREAS, in order to attain funding assistance from the
Virginia Division of Parks and Recreationt it is necessary that
the City of Virginia Beach guarantee a proportionate share cf
the costs thereof, and
?~/~ERE~S, the state share is funded by $3,000 from the
Virginia Division of Parks and Recreation and the remainder of the
costs will be borne by the City.
NOW, THEREFCRE, BE IT RESCLVED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH that the City Manager is hereby authorized to
cause such infcrmation and materials as may be necessary to be
provided tc the appropriate state agency and to enter into such
agreements as may be necessary to permit the formulation, approval
and funding of the Brigadoon Park Fitness Trail, and
BE IT FURTHER RESOLVED that the City of Virginia Beach gives
its assurance that the funds needed as its proportiona%e share of
the costs of the approved program will be provided up to $3,300.00,
and
BE IT FURTHER RESOLVED that the City of Virginia Beach gives
its assurance that the requirements of this program and the Virginia
Outdoors Fund Fiscal Procedures will be ccmplied with in the adminis-
tration of this project, and
December 12, 1983
-14b-
BE IT FURTHER RESOLVED that the City of Virginia Beach
gives its assurance that all other applicable state and federal
regulations governing such expenditure of funds provided by the
Virginia Division of Parks and Recreation will be complied with in
the administration of this project, and
ALSO, BE IT FURTHER RESOLVED that the Virginia Division of
Parks and Recreation is respectfully requested to assist in the
prompt approval of funding of the Brigadoon Park Fitness Trail
project in order to enhance the standard of recreational enjoyment
fer all of our citizenry.
This resolution shall become effective upon date of
adopti on.
12th
Adopted by the Council of the City of Virginia Beach on
day of December, 1983
December 12, 1983
-15-
Item II-G.5
CONSENT AGENDA
ITEM # 21089
Upon motion by Councilwoman Creech, seconded by Councilwoman Oberndorf,
City Council ADOPTED, with revisions as shown below, an Ordinance
authorizing certain changes in compensation for certain City Council
Appointees.
REVISIONS:
The word "variable", in the first sentence of the first
paragraph, was deleted.
The phrase '~based on job performance", in the second
sentence of the first paragraph, was deleted.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor
Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones,
Robert G. Jones, W. H. Kitchin, III, Reba S. McClanan, and
Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
J. Henry McCoy, Jr., D.D.S.
December 12, 1983
-15a-
AN ORDINANCE AUTHORIZING CERTAIN
CHANGES IN COMPENSATION FOR
CERTAIN CITY COUNCIL APPOINTEES
WHEREAS, City Council has provided for a
merit increase ba~-~-~b-~f~r~a~e for full-time
permanent employees, and
WHEREAS, based on this system, City Council desires
to make certain changes in compensation for certain City
Council appointees, and
WHEREAS, these changes in compensation will require
additional funds for FY84 of $2,990 in salaries and fringe
benefits for those positions affected, and
WHEREAS, the necessary funding can be transferred
from the General Fund Reserve for Contingencies
NOW THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE
CITY OF VIRGINIA BEACH that the following changes in
compensation for Council appointees are hereby approved:
1. City Assessor - Increase salary 7½% effective
January 1, 1984
2. City Attorney - Increase salary 2½% effective
January 1, 1984
3. City Clerk - Increase salary 2½% effective
January 1, 1984
BE IT FURTHER ORDAINED that funds of $2,990 be
transferred from the General Fund Reserve for Contingencies
to provide for these changes in compensation for these positions.
Adopted by the Council of the City of Virginia Beach,
Virginia.~on 12th day of December , 1983.
(Adopted as herein revised.)
December 12, 1983
-16-
Item II-G.6
CONSENT AGENDA
ITEM # 21090
Upon motion by Councilwoman Creech, seconded by Councilwoman Oberndorf,
City Council ADOPTED an Ordinance REPEALING the Ordinance requiring
real estate and financial disclosure for certain elected and appointed
officials and employees of the City of Virginia Beach, Virginia.
(Subject Ordinance was adopted August 11, 1980.)
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor
Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones,
Robert G. Jones, W. H. Kitchin, III, Reba S. McClanan, and
Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
J. Henry McCoy, Jr., D.D.S.
December 12, 1983
-16a-
AN ORDINANCE REPEALING THE ORDINANCE
REQUIRING REAL ESTATE AND FINANCIAL
DISCLOSURE FOR CERTAIN ELECTED AND
APPOINTED OFFICIALS AND EMPLOYEES
OF THE CITY OF VIRGINIA BEACH, VIRGINIA
WHEREAS, the Commonwealth of Virginia has recently
enacted the Virginia Comprehensive Conflict of Interest Act,
Section 2.1-599, Code of Virginia, 1950, as amended, et seq.; and
WHEREAS, the provisions of this Act are premised upon
the same considerations addressed by City Council in their
previous Ordinance; and
WHEREAS, Section 2.1-599, Code of Virginia, 1950, as
amended, provides that the new State Act shall supersede all
general and special acts, charter provisions, and local
ordinances which report to deal with matters covered by the State
Act.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE
CITY OF VIRGINIA BEACH, VIRGINIA:
That the previous ordinance requiring real estate and
financial disclosure for certain elected and appointed officials
and employees of the City of Virginia Beach, Virginia, adopted by
City Council on August 11, 1980, be, and the same hereby is,
repealed.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the 12th day of December , 1983.
RJN/cb
12/5/83
(E)
December 12, 1983
-17-
Item II-G.7
CONSENT AGENDA
ITEM # 21091
Speakers:
Dr. Anthony Bruder
J. Paul Shrank
Upon motion by Councilman Heischober, seconded by Councilwoman Oberndorf,
City Council ADOPTED an Ordinance to amend and reordain Chapter 35,
Article II, Division 3, of the CODE OF THE CITY OF VIRGINIA BEACH relating
to Real Estate Tax Exemption/Deferral/Freeze for certain Elderly and
Handicapped Persons.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor
Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones,
Robert G. Jones, W. H. Kitchin, III, Reba S. McClanan, and
Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
J. Henry McCoy, Jr., D.D.S.
(Note: This item was removed from the Consent Agenda and voted upon separately.)
December 12, 1983
-17a-
Requested By: Councilman Harold Heischober
AN ORDINANCE TO AMEND AND REORDAIN
CHAPTER 35, ARTICLE II, DIVISION 3
OF THE CODE OF THE CITY OF VIRGINIA
BEACH RELATING TO REAL ESTATE TAX
EXEMPTION/DEFERRAL/FREEZE FOR
CERTAIN ELDERLY AND HANDICAPPED
PERSONS.
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
DIVISION 3. EXEMPTION_, 8R DEFERRAL OR FREEZE FOR ELDERLY AND
DISABLED PERSONS*
Sec. 35-61. Definitions.
(a) For purposes of this division, the term
"permanently and totally disabled" means unable to engage in any
substantial gainful activity by reason of any medically
determinable physical or mental impairment or deformity which can
be expected to result in death or can be expected to last for the
duration of such person's life.
(b) As used in this division, reference to the
"city manager" shall include the city manager's authorized
representative, as well as the city manager.
(c) As used in this division, "tax freeze" refers
to the total exemptio9 of that portion.of the real estate tax
which represents the increase in such tax since the taxpayer
initially applied and .qualified for exemption under this
division. If, for any year following the initial qualification
of a taxpayer for a tax freeze, such taxpayer becomes
disqualified, any subsequent application for exemptioD by such
taxpayer shall be treated as an initial application for purposes
of determining the tax freeze.
(d) As used in this division, the term "tax
deferral" shall mean a total deferral of real estate taxes
assessed on real ~roperty inhabited by a taxpayer, qualified under
the terms of this division. The amount of such taxes so deferred
shall become due and payable at a later date in accordance with
the proyisions of Section 35-67.1 of this division.
December 12, 1983
-17b-
(e) As used in this division, the term "tax
shall mean the exemption of that portion of the real
exempt ion"
estate tax owed b~ a qualified taxpayer as determined b~ Sec. tion
35-67 of this division.
Sec. 35-62. Authorized.
Real estate tax exemption_, e~8 deferral or freeze is
provided for qualified property owners, who are not less than
sixty-five (65) years of age, or who are permanently and totally
disabled, or who jointly hold land with a spouse who is
permanently and totally disabled, and who are eligible according
to other terms of this division. Persons qualifying for such
exemption_, ~ deferral or freeze are deemed to be bearing an
extraordinary real estate tax burden in relation to their income
and financial worth.
Sec. 35-63. Administration; rules and regulations of city
manager.
The exemption_, e~ deferral or freeze provided for in
this division shall be administered by the city manager according
to the general provisions contained in this division. The city
manager is hereby authorized and empowered to prescribe, adopt
and enforce such rules and regulations, including the requirement
of answers under oath, as may be reasonably necessary to
determine qualifications for the exemption_, e~ deferral or freeze
provided for in this division. The city manager may require the
production of certified tax returns, appraisal reports and other
certifications to establish income, financial worth or
disability.
Sec. 35-64. General prerequisites to grant; effect of
residency in hospital, nursing home, etc.
(a) Either the exemption_, ~ deferral or freeze, but
not ~%h more than one, as provided for in this division shall be
granted to persons subject to the following provisions:
-2- December 12, 1983
-17c-
(1) The title to the property for which
exemption~ e~ deferral or freeze is claimed is held, or partially
held, on June thirtieth immediately preceding the taxable year,
by the person or persons claiming exemption~ ~ deferral o__~_r
freeze and is occupied as the sole dwelling of such person or
persons.
(2) The head of the household occupying the
dwelling and owning title or partial title thereto or either
spouse in a dwelling jointly held by a husband and wife is either
permanently and totally disabled or is sixty-five (65) years of
age or older on June thirtieth of the year immediately preceding
the taxable year; provided, however, that a dwelling jointly held
by a husband and wife may qualify if either spouse is over
sixty-five (65) years of age on such date.
(3) The applicant has been a resident of the city
for at least two (2) years immediately preceding the request for
exemption~ ~ deferral or freeze.
(4) The total combined income, during the
immediately preceding calendar year, from all sources excluding
the first ~o~ five thousand dollars ~4?OOOvOO~ ($5,000.00) or
any portion thereof of any income received by an owner as
permanent disability compensation, of the owner of the dwelling
living therein and of the owner's relatives living in the
dwelling does not exceed %½~%ee~ fifteen thousand dollars
~T00O?0O~ ($15,000.00); provided that, the first two four
thousand dollars +~T0OOr00~ ($4,000.00) of income of each
relative, other than the spouse of the owner or owners, who is
living in the dwelling shall not be included in such total.
(5) The net combined financial worth, including
equitable interest, as of December thirty-first of the year
immediately preceding the taxable year, of the owners, and of the
spouse of any owner, excluding the value of the dwelling and the
land, not exceeding one acre, upon which it is situated, does not
-3- December 12, 1983
-17d-
exceed ~h~y-~e .forty thousand dollars
($40,000.00).
(6) The dwelling is occupied.
(b) The fact that persons who are otherwise qualified
for tax exemption~ er deferral or frgeze pursuant to this
division are residing in hospitals, nursing homes, convalescent
homes or other facilities for physical or mental care for
extended periods of time shall not be construed to mean that the
real estate for which tax exemption~ em deferral or freeze is
sought does not continue to be the sole dwelling of such persons
during such extended periods of other residence, so long as such
real estate is not used by or leased to others for
consideration.
Sec. 35-66. Applicant's affidavit and certificate of
disability.
(a) Annually, not later than A~s~-~%ee~%h June
thirtieth, but after Ap~-~ee~%½ March first, the person or
persons claiming an exemption~ ~m deferral or freeze under this
division shall file a real estate tax exemption/deferral/freeze
affidavit with the city manager. Such affidavit shall set forth,
in a manner prescribed by the city manager, the location and
assessed value of the property and the names of the related
persons occupying the dwelling for which exemption~ e~ deferral
or freeze is claimed, their gross combined income and their net
combined financial worth. The affidavit shall also include
indication as to whether the person or persons claim either the
exemption_, e~-%he deferral or freeze option, the amount of
deferral being one hundred (100) percent of the real estate tax
liability.
(b) If the applicant is under sixty-five (65) years of
age, the affidavit required by subsection (a) above shall have
attached thereto a certification by the social security
administration, the veterans administration or the railroad
retirement board, or if such person is not eligible for
certification by any of these agencies, a sworn affidavit by two
--4--
December 12, 1983
-17e-
(2) medical doctors licensed to practice medicine in the
commonwealth, to the effect that such person is permanently and
totally disabled, as defined in section 35-61. The affidavit of
at least one of such doctors shall be based upon a physical
examination of the applicant by such doctor. The affidavit of
one of such doctors may be based upon medical information
contained in the records of the civil service commission which is
relevant to the standards for determining permanent and total
disability, as defined in section 35-61.
Sec. 35-67. Amount of exemption.
When a person claiming exemption under this division
conforms to the standards and does not exceed the limitations
contained in this division, the tax exemption shall be as shown
on the following schedule:
Total Income
Ail Sources
Tax
Exemption
$ 00.00 to $ 6?000700 9,000.00 100%
6700~v00 9,000.01 to ~?000v00 10,000.00 80%
· ?00~v00 10,000.01 to 9?000780 11,000.00 60%
97~0~80 11,000.01 to ~?~00~O0 13,000.00 40%
~700~00 13,000.01 to ~T00O~0O 15,000.00 20%
No lien shall accrue as a result of the amount certified as
exempt.
Sec. 35-67.2. When amount of
exemption/de~rral/freeze exeeds amount
appropriated.
In any tax year in which the amount appropriated by the
city council for the purpose of providing real estate tax
exemption~ a~o~ deferral and/or, freeze under this division is
not sufficient to afford the entire exemption~ mmS½om deferral
and/or freeze
~o-see%~om-F$-6~? allowable under the provisions of this
division, the amount of exemption~ ~m~½om deferral and/or freeze
shall be computed as a fraction of that
~omm~m-me~-o~-~m-see%~om-~-6~ allowable under the provisions
-5- December 12, 1983
-17f-
o~ this division, the numerator of the fraction to be the amount
of the appropriation for the tax year and the denominator of the
fraction to be the total amount of all allowable exemptions_,
am~½e~ deferrals and/or freezes eemp~e~-~m~e~-~he-~e~m~a
shewm-~m-see%~-~5-6~ qualified for under the provisions.of this
division.
Sec. 35-69. False claims.
Any person falsely claiming an exemption~ e~ deferral o?
freeze under this division shall be guilty of a Class 1
misdemeanor.
This Ordinance shall be effective on January 1, 1984.
Adopted by the Council of the City of Virginia Beach,
Virginia on the 12th day of December , 1983.
First Reading
December 12, 1983
Second Reading N/A
MES/re
11/29/83
5/5/83
12/7/83
(ORD.B)
APP~5'~V~ED AS ~ CO~EN~
SIGNATURE
DEPARTMENT
CITY ATTORNFY
December 12, 1983
-6-
-17g-
I #
I l~
000 --
Il!l!
,0
0
oc 01
December 12, 1983
-17h-
December 12, 1983
-18-
Item II-G.8
CONSENT AGENDA
ITEM # 21092
Upon motion by Councilwoman Creech, seconded by Councilwoman Oberndorf,
City Council ADOPTED an Ordinance, on SECOND READING, appropriating
funds of $68,286 for an EMPLOYMENT SERVICES PROGRAM.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor
Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones,
Robert G. Jones, W. H. Kitchin, III, Reba S. McClanan, and
Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
J. Henry McCoy, Jr., D.D.S.
December 12, 1983
-18a-
AN ORDINANCE TO APPROPRIATE
FUNDS OF $68,286 FOR AN
EMPLOYMENT SERVICES PROGRAM
WHEREAS, under a grant from the federal government
the Department of Social Services has participated in a
three month pilot program entitled Food Stamp Work Regis-
tration/Job Search Program, and
WHEREAS, the program was designed to assist Food
Stamp recipients, in obtaining work experience by providing
assistance in job search and registration for jobs through
the Social Services Department, and
WHEREAS, the Department of Social Services has been
notified that the program will be extended through September
30, 1984 with a grant award of $121,725 of which $68,286 will
be needed to provide the program from January - June of this
fiscal year and the remainder of the grant will be included
in the budget process for FY84-85 for City Council consid-
eration, and
WHEREAS, the FY83-84 portion of the grant will provide
for five professional and two clerical positons to accomplish
the task of assisting approximately 800 Food Stamp recipients,
and
WHEREAS, no local funds are required.
NOW THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE
CITY OF VIRGINIA BEACH that funds of $68,286 are hereby
appropriated to the Department of Social Services for the
FY84 portion of the Employment Services Program grant as follows:
Estimated Revenue
From the Federal Government
Employment Services Program $68,286
Local Total
Match Appropriation
$68,286
BE IT FURTHER ORDAINED that the appropriation be
financed by $68,286 estimated revenue from the federal
government.
BE IT FURTHER ORDAINED that seven personnel positions
are hereby authorized for the duration of the grant to be
paid from the grant with the class of employees to be
sI~,~:,'u~Y""---
December 12, 1983
-18b-
determined by the City Manager.
BE IT FURTHER ORDAINED that should the federal
reimbursement for this program, based on the actual expen-
ditures incurred, be less than the amount appropriated,
the appropriation will be reduced accordingly.
This ordinance shall be effective from the date
of its adoption.
Adopted by the Council of the City of Virginia Beach
on 12th day of December , 1983.
FIRST READING:
SECOND READING:
December 5, 1983
December 12, 1983
December 12, 1983
-19-
Item II-G.9
CONSENT AGENDA
ITEM # 21093
Upon motion by Councilwoman Creech, seconded by Councilwoman Oberndorf,
City Council ADOPTED an Ordinance (as amended), on SECOND READING,
authorizing the issuance of PUBLIC IMPROVEMENT BONDS of the City of
Virginia Beach, Virginia, in the maximum amount of $19,570,000.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor
Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones,
Robert G. Jones, W. H. Kitchin, III, Reba S. McClanan, and
Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
J. Henry McCoy, Jr., D.D.S.
December 12, 1983
-19b-
2
police precinct, radio tower, animal control
building, central library, Virginia Museum
of Marine Sciences, human resources building,
juvenile court building and district court,
landfill expansion and energy conservation
Parks and recreation projects, including
planning, site acquisition, renovation and
development of new parks and community and
recreation centers, golf course and racquet-
ball courts
TOTAL
7,335,200
1,112,940
$19,570,000
Any amount not needed for any of such purposes may be used for
any other of such purposes.
3. The bonds shall bear such date or dates, mature at such
time or times not exceeding forty years from their dates, bear
interest at such rate or rates not exceeding the maximum rate
permitted by law at the time the bonds are sold, be in such
denominations and form, be executed in such manner and be sold
at such time or times and in such manner, including the sale of
the same as one or more separate issues or in combination with
the sale of general obligation bonds heretofore or hereafter
authorized for similar or other purposes, as the Council shall
hereafter provide by appropriate resolution or resolutions.
4. The bonds shall be general obligations of the City of
Virginia Beach for the payment of principal of and interest on
which its full faith and credit shall' be irrevocably pledged.
5. This ordinance shall take effect immediately.
Approved this 12th day of December, 1983
FIRST READING:
SECOND READING:
December 05, 1983
December 12,
Mayor
December 12, 1983
CIT~ OF VIRGINIA B~ACH, VIRGINIA
PROJECTS INCLUDED IN THE
PROPOSED 1983 CltARTER BOND ISSUE
Pro ecC lqu~ber Title Descri tion
609 Princess Anne ~igh School Renovations
Installation of new ~ym floor, new gym lighting,
bleacher refinishing, painting of SYu, new ceilings
and lights, t~o heatin$ units, and replaceuent of hot
water heating distribution lines.
Total estimated project cost - $371,000.
1-806
Cooke Elementary School Renovation
Installation of new floorin$, ceiling, and replace~en~
of incandescent with fluorescent fixtures throughout
the building.
Total esti~ated project cost - $80,000.
1-906 New Cox High School
Construction of a new high school for approximately
two thousand students within approximately 260,000
square feet of space.
Total estimated project cost - $13,663,000.
1-907 Kempsville Headows Elementary School Lighting
Replacement of an aging and high energy lighting sys-
tem throughout the building with a more efficient
systeu.
Total estimated project cost - $62,800.
1-911 Shelton Park Elementary School Renovation
Installation of new flooring, electric service, and
replaceuent of incandescent with fluorescent lighting
fixtures throughout ~he building.
Total estimated project cost - $156,000.
1-912 Thoroughgood Elementary School Renovation
Installation of new flooring in ten classrooms and
replaceuent of incandescent with fluorescent lighting
fixtures throughout the building.
Total estimated project cost - $69,000.
1-915 Brandon and Princess Anne Junior High Schools Tennis
Courts
Addition of six tennis courts each at Brandon Junior
High School and Princess Anne Junior High School.
Total estima~ed project cost - $139,500.
Funding frou
This aond Issue
$ 90,000
20,0 O0
59,697
17,800
106,000
29,000
75,000
-1-
.._ L-86MCIP-BOND3
CITY OF VIRGINIA BEACH, VIRGINIA
PROJECTS INCLUDED IN T~
PROPOSED 1983 CHARTER BOND ISSUE
Project Number~ Titlet Description
--~c. hool Prolect8: (continued)
-916
Centerville Elementary School
Construction of a new elementary school for approxi-
mately nine hundred students within 66,000 square feet
of space.
Total esti~ated project cost - $4,076,000.
1-917
Red Mill Farm Elementary School
Construction of a new elementary school for approxi-
mately nine hundred students within 66,000 square feet
of space,
Total estimated project cost - $4,450,000,
1-919 Bayside Elementary School Renovation
Rewiring of older portions of the school, providing
additional outlets in each classroom, and converting
incandescent to fluorescent lighting fixtures.
Total estimated project cost - $106,000.
1-920
Court House Elementary School Renovation
Reroofing of the entire building and the installation
of new fluorescent fixtures in new ring, cafeteria,
and corridors to replace existing incandescent
lighting.
Total estimated project cost - $105,000.
-922
Dey Elemantary School Roofing
Reroofing the entire school and replacement of the
existing roof deck.
Total estimated project cost - $125,000.
1-923 Luxford Elemantary School Roofing
Reroofin$ of the entire building.
Total estimated project cost - $175,000.
1-937
Recreation Drive Junior High School
Construction of a ne~ Junior high school for approxi-
mately eighteen hundred students.
Total estimated project cost - $12,765,000.
1-951
West Kempsville Senior High School (Partial)
Construction of a new high school for approximately
two thousand students within 236,000 square feet of
space.
Total estimated project cost - $16,300,000.
-2-
L-84MCIP-BOND4
Funding from
This Bond Issue
1,725,000
475,000
106,000
105,000
125,000
175,000
50,000
100,000
CITY OF VIRGINIA BEACH, VIRGINIA
PROJECTS INCLUDED IN Tale
PROPOSED 1983 CHARTER BOND ISSUE
Pro~ect Numbers, Title~, Description
School Projects: (concluded)
.952 West Ke~psville Elementary School II
Construction of a new elementary school for approxi-
mately nine hundred students within 66,000 square feet
of space.
Total esti~ated project cost - $4,765,000.
Total School Projects
Engineering and High~ay Projects:
2-002
Baxter Road Relocation
Relocation of the intersection of Baxter Road and
Independence Boulevard by relocating Baxter Road from
Alicia Drive to Keener Lane. Project also lnclude~
extending the toll road off-ramp approximately 1,100
feet to tie ~rlth the relocated intersection.
Total estiemted project cost - $1,720,950.
2-003
Lynnhaven Parkway - Holland Road Intersection
Reconstruction of the existing intersection tq provide
double left-turn lanes and longer right-turn lanes.
Total esti~ated project cost - $962,500.
2-004
Lake Smith Spillway Bridge
Rehabilitation of the existing bridge ~l. ong Shore
Drive at the Lake Smith Spillway. City/State funded
project.
Total esti~ated project cost - $1,200,000; City
Share - $60,000.
2-401
NewtownRoad - Phase II
Construction of a four-lane arterial street from
Virginia Beach Boulevard at the NewtownRoad inter-
section to Baker Road. City/State funded project.
Total estimated project cost - $1,472,100; City
Share - $140,700.
2-410
Great Neck Road - Phase II
Construction of a four and six-lane divided arterial
street from Shorehaven Drive to Shore Drive including
a high-rise bridge over Long Creek and Long Creek
Canal. City/State funded project.
Total estimated project cost - $14,634,000; City
Share - $1,382,450.
-3-
L-84}ICIP-BOND5
Funding from
This Bond Issue
50,000
~ 3s308~497
656,000
780,000
5,000
40,000
403,725
PROJECTS INCLUDED IN I~IE
PROPOSED 1983 CRARTER BOND ISSUE
Project Nuubert Titlet Description
EnAineerini and High-ay Projects: (continued)
~-~12
Dredging Eastern Branch Lynnhaven River
Dredging of a channel extending northward from
Virginia Beach Boulevard through London Bridge and
do~u the Eastern Branch into Lynnhaven Bay, ter~inat-
iai at the federal dredging project at Lynnhaven
Inlet.
Total estimated project cost - $&,012,000.
2-815
Stmapy Lake Hydraulic Study and Drainage Improvements
A hydraulic study with the subsequent design and con-
struction of drainage outfall systems for Stumpy Lake.
I~prove~ents '~rlll include ~mJor ~odifications to
existing spillway structure, access road, and ~aJor
channel work for residential drainage systems ~rlth
out[all into the Stumpy Lake Reservoir.
Total estimted project cost - $909,500.
2-816
Highway Safety Improvement Project
Turn Lanes, bypass Lanes, intersection improvements,
and realign~ent of sharp curves throughout the City.
Total estimated project cost - $2,715,000.
2-819
Ocean Park Storm Drainage
An engineering drainage and hydraulic study with the
subsequent design and construction of a storm drainage
system for the Ocean Park area north and south of and
including Shore Drive. This project includes two
storm water pump stations.
Total esti~ted project cost - $1,583,500.
2-821
Diamond Lake Estates Stor~Drainage
An engineering drainage and hydraulic study with the
subsequent design and reconstruction of outfall system
for Diamond Lake.
Total esti~ated project cost - $326,800.
2-826
AtLantic Ocean Underwater Obstruction Removal
The removal of steel and steel debris from the former
2nd Street Steel Pier, the "Potters' offshore water-
break device, and sunken barges along the coastline.
Total estimated project cost - $375,000.
Funding from
This Bond Issue
287,000
200,000
300,000
526,~56
311,800
25,000
L-84HCIP-BOND6
-4-
CITY OF VIRGINIA BEAC~t, VIRGINIA
PROJECTS INCLUDED IN THE
PROPOSED 1983 CBARTER BOND ISSUE
Pro~ect Nuubere Titlee Desc.ription
Ensineerin~ and High, ay Projects: (continued)
327 Wayside Bridge
The rehabilitation of the Wayside Bridge located on
Military Highway at the Norfolk City Line, along the
Elizabeth River. City/State funded project.
Total estimated project cost - $541,9001 City
Share - $37,640.
2-828
Independence Boulevard Intersection at Ferrell Parkway
Advanced site acquisition for future interchange as
approved by City Master Street and Hishvay Plan.
Total estiuted project cost - $500,000.
2-832 Wesleyan Drive
Construction of a four-lane divided high~ay from Baker
Road east to tie in ~rlth Diamond Springs Road
extended. City/Developer funded project.
Total estisated project cost - $736,970; City
Share - $546,420.
2-836
Haygood Road
Reconstruction of the existing 2.1 mile t~o-lane road
to a four-lane facility from Independence Boulevard to
Bayside High School and a new alignment bet~een Bayside
High School and Diamond Springs Road to connect ~ith
Wesleyan Drive extended. City/State funded project.
Total estimated project cost - $5,834,500; City ,_,
Share - $1,371,500.
2-837
Various Public Improvements
The City's share of funding for samll i~proveuents
where the residents of a particular area have peti-
tioned the City for the improvement and have con-
tracted with the City to share the cost.
Total esti~ated project cost - $951,630.
2-902
North Beach Storm Drinage - Phase III
Construction of a pump station for the North Beach
area around 58th Street with a sub~erged outfall and a
gravity trunk line along Atlantic Avenue.
Total estimated project cost - $3,396,500.
Funding from
This Bond Issue
$ 3,140
200,000
229,085
31,500
151,630
164,000
L-84MCI P-BOND7
-5-
CITY OF VIRGINIA BEACH, VIRGINIA
PROJECTS INCLUDED IN THE
PROPOSED 1983 CHARTER BOND ISSUE
Pro~ec~ Nu~ber~ Ticlae Descrlp~ion
Engineering and Hishvay Projects:
911
(continued)
Kempsville Road - Phase II
Construction of a 1.779 mile four-lane divided arter-
ial street from Indian River Road to Centerville Turn-
pike. This project will include a bikepath. City/
State funded project.
Total esti~ated project cost - $5,&32,000; City '
Share - $1,442,000.
2-919
Shipps Corner Road and Bridge
Reconstruction of Shipps Corner Road to a four-lane
undivided highway from Holland Road to London Bridge
Road as a ~aJor collector street, including r!ali~n-
meat and a new high-rise bridge structure over Canal
f2.
Total estimated project cost -
2-926
Atlantic Avenue Beautification (Partial)
Roadway improvements, landscaping, development, and
beautification of Atlantic Avenue from the Rudee Loop
to 40th Street, a distance of approximately 14,500
feet.
Total estimated project cost - $28,664,750.
2-933 Lynnhaven Parkway - Phase VI
'-- Construction of the remaining ~wo lanes of a four-lane
divided highway through Green Run from Princess Anne
Road to Holland Road for a distance of approximately
10,880 feet.
Total estiemted project cost - $2,894,&60.
2-951
Lake BanburyOutfall Drainage
NaJor drainage improvements to the Level Green outfall
system, the College Park drainage system, Providence
Road, and the Lake Banbury outfall system, and down-
stream channel.
Total estimated project cost - $1,762,000.
2-953
Beggar's Bridge
Replacement of the existing timber bridge on Muddy
Creek Road with a new structure,
Total esti~ated project cost - $289,150.
Funding from
This Bond Issue
$ 437,121
171,600
56,000
1,137,660
700,000
98,650
L-84MCIP-BOND8
-6-
CITI OF VIRGINIA BEACH, VIRGINIA
PROJECTS INCLUDED IN THE
PROPOSED 1983 CHARTER BOND ISSUE
Pro~ect Numbert Tit~ee Description
Engineering and Highway Pro~ect8: (continued)
-95&
Ferrell Parkway - Phase IA
Construction of t~o Lanes of a future four-lane faci-
lity from Indian Lakes Boulevard east to the extrem
boundaries of the Indian Lakes development. City/
Developer funded project.
Total esti~ated project cost - $1,315,&26; City
Share $72&,081.
2-962
Pungo Perry Road Bridge (Partial)
Replacement of the existing s~ing span and bridge
approach spans.
Total estiuted project cost - $7,806,000.
2-966
Inlynnvie~ Road
Construction of a mJor collector road from Oreat Neck
Road to SpiRal Drive.
Total esti~ated project cost - $862,583.
2-974
Sandbridge Road - Alignment
Engineering design and reconstruction of t~o severe
curves along existing Sandbridge Road east of Princess
Anne Road and west of the Lago~ar Subdivision.
Total estimted project cost - $306,000.
----,-977 Shore Drive Bridge over Eastern Shore Railroad
, Replacement of the existing bridge on Shore Drive at
the western city line as it crosses the Eastern Shore
Railroad. City/State funded project,
Total estimated project cost - $1,200,000; City
Share - $60,000.
2-988
Co~puterized Traffic SiEna1 System Expansion
Extension of centralized system to the following areas:
Laskin Road, Pirst Colonial Road, Independence Boule-
yard, Princess Anne Road, Pacific Avenue, Atlantic
Avenue between 17th and 31st Streets including side
streets, Holland Road, General Booth Boulevard, and
Newto~n Road.
Total estimated project cost - $955,000.
Funding from
This Bond Issue
332,356
90,000
100,000
106,000
20,000
177,640
-7-
L-MCIP-BOND9
CITY OF VIRGINIA BEACH, VIRGINIA
PROJECTS INCLUDED IN THE
PROPOSED 1983 CHARTER BOND ISSUE
Project NumberI Titlet Description
Engineering and High~ayProJects: (concluded)
~989 Rosemont Road - Phase III
Design and construction of a four-lane arterial high-
way from Holland Road to Dahlia Drive, a distance of
2,200 feet.
Total estimated project cost - $1,018,000.
Total Engineering and Highways
Building Projects:
3-802
Third Police Precinct Alterations
Construction of additional parking for the public.,
employees, and City vehicles at the Third Police
Precinct.
Total estiuted project cost -
3-807
Radio Tower
Erection of a 400-f°ot radio tower and the construc-
tion of a m~tal or blocked building.
Total estimated project cost - $280,790.
3-808
Animal Control Building Addition
The addition of sixty indoor pens, sixty o~tdoor pens,
expansion to the feed room, and one additional cat
kennel at the Bureau of Animal Control.
Total estimated project cost - $291,000.
-826 Energy Conservation Program
A comprehensive study of and modification to all
structural, lighting, and mechanical systems in
buildings at the Municipal Center and installation of
a Heat Pump System at the Central Heating Plant a.tong
with a computerized control and monitoring 8~8tem for
all major buildings.
Total estimated project cost - $1,706,100.
3-905
Central Library
Construction of a ~ultiple-story facility of 90,000
square feet ~rlth potential for vertical or horizontal
expansion to 120,000 square feet to serve as the
City's principle public library facility with a
collection of &O0,000 books and related materials.
Total estimated project cost - $11,107,800.
Funding from
This Bond Issue
$ 72,000
~ 71813z363
$ 10,000
280,790
291,000
1,136,78a
600,000
L-MCIP-BOND10
-8-
CITY OF VIRGINIA BEACH, VIRGINIA
PROJECTS INCLUDED IN THE
PROPOSED 1983 cHARTER BOND ISSUE
Project Numbers Titles Description
~uildin2 Projects: (concluded)
928
3-933
Virginia Nuseum of Narine Sciences
A 41,500 square foot building to be constructed at Owl
Creek. Exhibits and programs ~rlll focus on V£rginia
Beach's ~arine environment; approxi~ately half of the
exhibits ~rill consist of live ~arine animals ~dtich
will be displayed in the ~useum's 100,000 gallons of
marine aquaria.
Total estimated project cost - $5,784,402.
Landfill ~2 Expansion
The acquisition of 262 acres of land adjacent to the
present Landfill ~2 and the preparation of that land
for use as a landfill. Portion to be funded by City
of Norfolk.
Total estimated project cost - $7,845,718; City
Share - $6,532,710.
3-938
Human Resources Building Renovation
Renovation of 15,200 square feet of the Social Ser-
vices Building into a Health Department Clinic, oper-
ational facilities to replac~current Bayside and
Nunicipal offices, and 9,800 square feet for Nental
Health and Nental Retardation Sheltered Workshop.
Total astiemted project coat - $2,000,000.
-950 Juvenile Court Building and District Court
Building Renovation
Construction of a 30,000 square foot building for the
Juvenile Court to include courtrooms, hearin$ roo~s,
and attorney conference rooms area for Juvenile Court
Clerk and Juvenile Probation. Also includes renova-
tion of existing Juvenile Court area of the District
Court Building for used by General District Court.
Total asti~ated project cost - $5,300,000.
Total Buildings
Parks and Recreation Projects:
-606
Bow Creek Co~munity Center Renovation
Reconstr~ction and renovation of devastated structures,
construction of golf cart storage facility, irrigation
system, and chain link fence, to provide Princess Anne
Plaza area ~rith a center of recreational civic activities.
Total estimated project cost - $1,768,749.
L-NCIP-BONDll
Funding from
This Bond Issue
$ 2,250,000
1,680,892
1,070,000
15,734
~ 7a335,200
35,940
CITY OF VIRGINIA BEACH, VIRGINIA
PROJECTS INCLUDED IN THE
PROPOSED 1983 CHARTER BOND ISSUE
Project Nuuber~ Titles Description
~--rks and Recreation Projects: (continued)
801
Virginia Beach Recreation Center - Great Neck -
Phase I
The first phase of construction of a community center
which includes a 50 ~eter indoor pool, gymnasium,
meeting roo~s, recreation hard surface areas, rest-
rooms, tables, stills, and parkinS areas. This phase
provides the pool with support facilities.
Total estimated project cost - $3,254,645.
4-802
Woodstock Park
Development of 30.3 acres of ~oods and open space
located at Providence Road and 1-64.
Total estimated project cost - $947,475.
4-809
Rosemont Forest Park
Acquisition and development of one acre in the Rose-
mont Forest subdivision for use as a park.
Total estinmted project cost - $234,704.
4-810 Linkhorn Cove Park
Acquisition and development of a 2.1 acre site in the
Linkhorn Cove subdivision for use as a park.
Total esti~ated project cost - $57,020.
-913 Great Neck Park Development
Development of a 70 acre park in the Lynnhaven boroush
contiguous to the Lynnhaven Bay and accessed by Great
Neck Road and Shorehaven Drive.
Total estimated project cost - $1,042,456.
4-914 Red Wins Coif Course (18-Hole Addition)
Acquisition of an additional 162 acres adjoining the
existing 275 acres of Red Wing Golf Course, and
development of an additional 18-hole course.
Total estimated project cost - ~1,070,000.
4-915
Lynnhaven Park (Racquetball Court Addition)
The addition of four racquetball courts to existin$
courts, screen covering, and an observation deck at
the Lynnhaven Park.
Total estimated project cost - $165,703.
Funding from
This Bond Issue
200,000
222,724
190,704
49,020
100,252
70,000
99,000
._~-HCIP-BOND12
-10-
CIl~ OF VIRGINIA BEACH, VIRGINIA
PROJECTS INCLUDED IN T~
PROPOSED 1983 CHARTER BOND ISSUE
Project Nunbert Titlet Description
Parks and Recreation Projects: (concluded)
.... · 921
Garden Park - Incinerator Site
The development of the forler incinerator site into a
12.9-acre park off Laskin Road west of Holly Road and
northeast of the Bean Avenue and Barberton Drive
Intersection.
Total estinated project cost -
Total Parks and Recreation Projects
TOTAL PROPOSED 1983 CBARTER BOND ISSUE
Funding from
This Bond Issue
$ 145,300
~ 1~112~940
~ 19.570~000
L-NCIP-BOND13
-11-
-20-
Item II-G.10
CONSENT AGENDA
ITEM # 21094
Upon motion by Councilwoman Creech, seconded by Councilwoman Oberndorf,
City Council ADOPTED an Ordinance, on SECOND READING, appropriating to
the VIRGINIA BEACH VOLUNTEER RESCUE SQUAD, INC., an amount of $30,000
toward the purchase of a crash truck.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor
Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones,
Robert G. Jones, W. H. Kitchin, III, Reba S. McClanan, and
Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
J. Henry McCoy, Jr., D.D.S.
December 12, 1983
-20a-
AN ORDINANCE TO APPROPRIATE
TO THE VIRGINIA BEACH VOLUNTEER
RESCUE SQUAD, INC. AN AMOUNT OF
$30,000 TOWARDS THE PURCHASE OF
A CRASH TRUCK
WHEREAS, the Virginia Beach Volunteer Rescue Squad,
Inc. has identified the need to replace a crash truck, and
WHEREAS, a new crash truck which will better serve
the needs of the citizens within the service area will
cost approximately $192,000, and
WHEREAS, the Virginia Beach Volunteer Rescue Squad,
Inc. has requested $30,000 to assist in the purchase of the
new crash truck and City Council considers it appropriate
to make this amount available for such a purpose.
NOW THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE
CITY OF VIRGINIA BEACH that funds of $30,000 be appropriated
from the General Fund Balance to the Virginia Beach Volunteer
Rescue Squad, Inc. to assist in the purchase of a new
crash truck. It is anticipated that these funds will be
repaid on March 29, 1984.
This ordinance shall be effective from the date
of its adoption.
Adopted by the Council of the City of Virginia Beach
on 12th day of December , 1983.
FIRST READING:
December 5, 1983
SECOND READING:
December 12, 1983
APPROVCD AS TO CONTENT
SIGNAI'U? r
December 12, .1983
-21-
Item II-G.11
CONSENT AGENDA
ITEM # 21095
Upon motion by Councilwoman Creech, seconded by Councilwoman Oberndorf,
City Council APPROVED the iow bid of WINKELMAN, INC., in the amount of
$48,900, for the FARMERS' MARKET PARKING LOT EXPANSION PROJECT (CIP
3-951); AND, authorized the City Manager to enter into the necessary
agreements for the implementation of this project.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor
Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones,
Robert G. Jones, W. H. Kitchin, III, Reba S. McClanan, and
Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
J. Henry McCoy, Jr., D.D.S.
December 12, 1983
-22-
Item II-G.12
CONSENT AGENDA
ITEM # 21096
Upon motion by Councilwoman Creech, seconded by Councilwoman Oberndorf,
City Council ADOPTED an Ordinance authorizing Tax Refunds in the amount
of $796.77 upon application of certain persons and upon certification of
the Treasurer for payment.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor
Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones,
Robert G. Jones, W. H. Kitchin, III, Reba S. McClanan, and
Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
J. Henry McCoy, Jr., D.D.S.
December 12, 1983
FORM NO. C.A. '~ -22a- 11/25/83
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
D A Sprinkle 82
D A Sprinkle 82
Michael D Little 83
Manufacturer's Hanover Mort 81
Manufacturer's Hanover Mort 81
Manufacturer's Hanover Mort 82
Manufacturer's Hanover Mort 82
Manufacturer's Hanover Mort 83
Eloise Lineberry etals 81
Eloise Lineberry etals 81
Eloise Lineberry etals 82
Eloise Lineberry etals 82
Offles C Griggin Jr 82
Mike & Wendy Lewis 83
Eugene Jacobs 82
Eugene Jacobs 83
Esther 0 McCarthy 80
RE(l/2) 74575-1 10/23/81 14.40
RE(2/2) 74575-1 10/23/83 14.40
RE(2/2) 24908-3 8/31/83 48.97
RE(l/2) 39752-0 12/5/80 56.61
RE(2/2) 39752-0 6/5/81 56.61
RE(l/2) 41140-6 12/5/81 45.96
RE(2/2) 41140-6 5/20/82 45.96
RE(l/2) 42497-2 12/5/82 53.69
RE(l/2) 45893-7 11/5/80 13.40
RE(2/2) 45893-7 5/28/81 13.40
RE(l/2) 47685-4 12/5/81 14.40
RE(2/2) 47685-4 5/19/82 14.40
PP 51161-0 11/16/83 46.33
PP 1 75407-7 11/1 5/83 134.72
PP 147566-4 11/18/82 75.44
PP 173021-8 11/1/83 82.22
PP 74563 5/7/80 65.86
Total
796.77
This ordinance shall be effective from date of adoption.
The above abatement(s) totaling
--- $796-r-7-7 ...... were approved by
the Council of the City of Virginia
Beach on the__.L2day of ~, 1983.
Ruth Hodges Smith
City Clerk
Approved as to form:
J. uale ~mson, City Attorney
December 12, 1983
-23-
Item II-H.1
PLANNING
ITEM # 21097
Attorney James Murphy represented the applicant.
Upon motion by Councilman McCoy, seconded by Councilwoman Oberndorf,
City Council ADOPTED an Ordinance upon application of KEMPSVILLE BUILDING
MATERIALS, INC. for a Conditional Use Permit per the following:
ORDINANCE UPON APPLICATION OF KEMPSVILLE BUILDING
MATERIALS, INC. FOR A CONDITIONAL USE PERMIT
FOR OUTSIDE STORAGE OF PROCESSED LUMBER
RO1283589
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
Ordinance upon application of Kempsville Building
Materials, Inc. for a Conditional Use Permit
for outside storage of processed lumber on
property located at the northeast corner of
Cleveland Street and Witchduck Road on Lots
15, 16, 17 and 18, Block 47, Euclid Place.
Parcel contains 17,108 square feet. BAYSIDE
BOROUGH.*
This Ordinance shall be effective from the date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia on the
%~welfth day of December, Nineteen Hundred Eighty-Three.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor
Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones,
Robert G. Jones, W. H. Kitchin, III, Reba S. McClanan,
J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
December 12, 1983
*Dr. McCoy noted that the Agenda incorrectly stated Kempsville Borough.
-24-
Item II-H.2
PLANNING
STEM # 21098
Russell Duncan represented himself.
Upon motion by Councilman Heischober, seconded by Councilwoman Oberndorf,
City Council ADOPTED an Ordinance upon application of DUNCAN AUTO SALES,
INC. for a Conditional Use Permit per the following:
ORDINANCE UPON APPLICATION OF DUNCAN AUTO SALES,
INC. FOR A CONDITIONAL USE PERMIT FOR AN AUTOMOBILE
PAINT SHOP
RO1283590
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
Ordinance upon application of Duncan Auto Sales,
Inc., for a Conditional Use Permit for an automobile
paint shop in connection with auto repairs
on property located on Lots 8, 9, 10, 11, 12,
13, 31, 32, 33, 34, 35, 36, 37, 38, Block 27,
Euclid Place. Said parcel is located at 5055
Virginia Beach Boulevard and contains 23,574.5
square feet. BAYSIDE BOROUGH.
This Ordinance shall be effective from the date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia on the
Twelfth day of December, Nineteen Hundred Eighty-Three.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mmyor
Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones,
Robert G. Jones, W. H. Kitchin, III, Reba S. McClanan,
J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
December 12, 1983
-25-
Item II-H.3
PLANNING
ITEM # 21099
Attorney Richard Browner represented the applicant.
Upon motion by Councilman McCoy, seconded by Councilwoman Oberndorf, City
Council ADOPTED an Ordinance upon application of YOUNG AND COMPANY for a
Conditional Use Permit per the following:
ORDINANCE UPON APPLICATION OF YOUNG AND COMPANY
FOR A CONDITIONAL USE PERMIT FOR A CAR WASH
RO1283591
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
Ordinance upon application of Young and Company
for a Conditional Use Permit for a car wash
on certain property located on the north side
of Indian River Road beginning at a point 500
feet more or less west of Reon Road, running
a distance of 200 feet along the north side
of Indian River Road, running a distance of
200 feet along the western property line, running
a distance of 200 feet along the northern property
line and running a distance of 200 feet along
the eastern property line. Said parcel is
located at 6016 Indian River Road and contains
40,000 square feet. KEMPSVILLE BOROUGH.
This Ordinance shall be effective from the date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia on the
Twelfth day of December, Nineteen Hundred Eighty-Three.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor
Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones,
Robert G. Jones, W. H. Kitchin, III, Reba S. McClanan,
J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
December 12, 1983
-26-
Item II-H.4
PLANNING
ITEM # 21100
Attorney Grover Wright represented the applicant.
Upon motion by Councilman McCoy, seconded by Councilwoman Oberndorf,
City Council ADOPTED an Ordinance upon application of COLONIAL SELF
STORAGE for a Conditional Use Permit, subject to screening, fencing and
setback requirements as required by the Zoning Ordinance.
ORDINANCE UPON APPLICATION OF COLONIAL SELF
STORAGE FOR A CONDITIONAL USE PERMIT FOR MINI
WAREHOUSES
RO1283592
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
Ordinance upon application of Colonial Self
Storage for a Conditional Use Permit for mini
warehouses on certain property located on the
east side of Princess Anne Road beginning at
a point 450 feet north of Windsor Oaks Boulevard,
running a distance of 30 feet along the east
side of Princess Anne Road, running a distance
of 230 feet in a northeasterly direction, running
a distance of 345 feet in a northwesterly direction,
running a distance of 280 feet in a northeasterly
direction, running a distance of 437.50 feet
in a southeasterly direction and running a
distance of 494.12 feet in a southwesterly
direction. Said parcel contains 3.1 acres.
KEMPSVILLE BOROUGH.
The Use Permit was subject to the following condition:
1. Screening, fencing and setback requirements as required by the
Zoning Ordinance.
This Ordinance shall be effective from the date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia on the
Twelfth day of December, Nineteen Hundred Eighty-Three.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor
Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones,
Robert G. Jones, W. H. Kitchin, III, Reba S. McClanan,
J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
December 12, 1983
-27-
Item II-H.5
PLANNING
ITEM # 21101
Attorney Grover Wright represented the applicant.
Upon motion by Councilman Jennings, seconded by Councilman Heischober,
City Council ADOPTED an Ordinance upon application of RICKY W. CHAPLAIN
for a Conditional Use Permit per the following:
ORDINANCE UPON APPLICATION OF RICKY W. CHAPLAIN
FOR A CONDITIONAL USE PERMIT FOR AN ATHLETIC
CLUB
RO1283593
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
Ordinance upon application of Ricky W. Chaplain
for a Conditional Use Permit for an athletic
club on certain property located on the south
side of 19th Street beginning at a point 400
feet more or less east of Pavilion Drive, running
a distance of 126.27 feet along the south side
of 19th Street, running a distance of 298.35
feet along the eastern property line, running
a distance of 126 feet along the southern property
line and running a distance of 297.60 feet
along the western property line. Said parcel
is located at 955 19th Street and contains
37,585 square feet. LYNNHAVEN BOROUGH.
As a condition of the Use Permit, the following was required:
1. Installation of a sprinkler system meeting approval of the
City Fire Protection Engineer.
This Ordinance shall be effective from the date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia on the
Twelfth day of December, Nineteen Hundred Eighty-Three.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor
Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones,
Robert G. Jones, W. H. Kitchin, III, Reba S. McClanan,
J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
December 12, 1983
-28-
Item II-H.6
PLANNING ITEM # 21102
Attorney Melvin Friedman represented the applicant.
Jack Osmond also represented the applicant.
William Holt, resident of Salt Marsh Point, spoke in opposition to the
application.
Lieutenant Eric Braunstein, representing the Naval Air Station - Oceana,
confirmed the United States Navy's intention to purchase easements in
the subject area.
(This matter was deferred for one week on December 5, 1983.)
Upon motion by Councilman Jennings, seconded by Councilwoman Oberndorf, City
Council DENIED an Ordinance upon application of GEORGE R. POWELL as follows:
ORDINANCE UPON APPLICATION OF GEORGE R. POWELL
FOR A CHANGE OF ZONING FROM A-1 TO A-2
Ordinance upon application of George R. Powell
for a Change of Zoning District Classification
from A-1 Apartment District to A-2 Apartment
District on certain property located 648.67
feet south of Norfolk Avenue beginning at a
point 740 feet more or less west of Marshview
Drive, running a distance of 308.97 feet in a
southeasterly direction, running a distance of
172 feet in a northeasterly direction and
running a distance of 309.92 feet in a north-
westerly direction. Said parcel contains 25,563
square feet. LYNNHAVEN BOROUGH.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor
Barbara M. Henley, H. Jack Jennings, Jr.~ Mayor Louis R. Jones,
Robert G. Jones~ W. H. Kitchin, III, Reba S. McClanan,
J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
December 12, 1983
*Verbal aye.
- 29-
Item II-H.7
PLANNING
ITEM # 21103
Mr. Douglas Schepp represented the applicant.
Upon motion by Councilman Heischober, seconded by Councilwoman Creech,
City Council ADOPTED an Ordinance upon application of CONCORDIA ENTER-
PRISES, LTD. (for Fingleton's) for a Change of Zoning per the following:
ORDINANCE UPON APPLICATION OF CONCORDIA ENTERPRISES,
LTD. (FOR FINGLETON'S) FOR A CHANGE OF ZONING
FROM B-2 TO A-1
ZO1283788
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
Ordinance upon application of Concordia Enterprises,
Ltd. (for Fingleton's) for a Change of Zoning
District Classification from B-2 Community-
Business District to A-1 Apartment District
on certain property located on the west side
of Davis Street beginning at a point 1235.6
feet north of Virginia Beach Boulevard, running
a distance of 150 feet more or less along the
west side of Davis Street, running a distance
of 400 feet along the northern property line
and running a distance of 400 feet more or
less along the southern property line. Said
parcel contains 30,492 square feet. BAYSIDE
BOROUGH.
This Ordinance shall be effective from the date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia on the
Twelfth day of December, Nineteen Hundred Eighty-Three.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor
Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones,
Robert G. Jones, W. H. Kitchin, III, Reba S. McClanan,
J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
December 12, 1983
-30-
Item II-H.8
PLANNING
ITEM # 21104
Attorney James McHenry represented the applicant.
Upon motion by Councilman Heischober, seconded by Councilman McCoy, City
Council ADOPTED an Ordinance upon application of CONNIE LANE PROPERTIES,
A VIRGINIA PARTNERSHIP, for a Change of Zoning per the following:
ORDINANCE UPON APPLICATION OF CONNIE LANE PROPERTIES,
A VIRGINIA PARTNERSHIP, FOR A CHANGE OF ZONING
FROM R-6 TO R-8
ZO1283789
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
Ordinance upon application of Connie Lane Properties,
a Virginia Partnership, for a Chan~e of Zonin~
District Classification from R-6 Residential
District to R-8 Residential District on certain
property located 100 feet east of the intersection
of Baker Road and Aubrey Lane, 609.45 feet
in a northeasterly direction, running a distance
of 100 feet in an easterly direction, running
a distance of 50 feet in a northerly direction,
running a distance of 104.34 feet in a northeasterly
direction, running a distance of 154.27 feet
in a southeasterly direction, running a distance
of 407.05 feet along the eastern property line,
running a distance of 959.67 feet along the
southern property line and running a distance
of 325.83 feet along the western property line.
Said parcel contains 7.82 acres. BAYSIDE BOROUGH.
Prior to the changing of the official zoning maps, the following condition
will be met:
Dedication of right-of-way, 33 feet in width, along the northern
portion of the area being considered for rezoning for the proposed
extension of Baker Road as per the Master Street and Highway Plan.
This Ordinance shall be effective from the date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia on the
Twelfth day of December, Nineteen Hundred Eighty-Three.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor
Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones,
Robert G. Jones, W. H. Kitchin, III, Reba S. McClanan,
J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None December 12, 1983
-31-
Item II-H.9
PLANNING
ITEM # 21105
Attorney Grover Wright represented the applicant.
Upon motion by Councilman Heischober, seconded by Councilwoman Creech,
City Council ADOPTED an Ordinance upon application of TIDEWATER
INVESTMENTS PROPERTIES, INC. for a Change of Zoning per the following.
Mayor Jones requested City Attorney Bimson to prepare a resolution
establishing City policy for apartment zoning in the quadrant encompassing
Southern Boulevard and Beasley Drive.
ORDINANCE UPON APPLICATION OF TIDEWATER INVESTMENTS
PROPERTIES, INC. FOR A CHANGE OF ZONING FROM
B-3 to TO B-4 ZO1283790
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
Ordinance upon application of Tidewater Investments
Properties, Inc. for a Change of Zoning District
Classification from B-3 General-Business District
to B-4 Resort-Commercial District on certain
property located at the northeast corner of
Southern Boulevard and Beasley Drive, running
a distance of 300 feet along the north side
of Southern Boulevard, running a distance of
100 feet in a northerly direction, running
a distance of 100 feet in an easterly direction,
running a distance of 450 feet more or less
along the eastern property line, running a
distance of 400 feet along the northern property
line and running a distance of 550 feet along
the east side of Beasley Drive. Said parcel
contains 5 acres. BAYSIDE BOROUGH.
Prior to the changing of the official zoning maps, the following conditions
will be met:
Resubdivision of the property and vacation of internal
lot lines to avoid the creation of nonconforming lots and
to insure that all lots have access to a public street.
A 20-foot dedication along the frontage on Southern Boulevard
to provide for an ultimate 50-foot standard right-of-way
as per the Master Street and Highway Plan.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor
Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones,
Robert G. Jones, W. H. Kitchin, III, Reba S. McClanan,
J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
December 12, 1983
-32-
Item II-H.10
PLANNING
ITEM # 21106
Attorney Robert Cromwell represented the applicant.
Donald Baugh, President-Elect, Salem Woods Civic Association, spoke in
opposition to the application.
Upon motion by Councilman McCoy, seconded by Councilman Baum, City Council
ADOPTED an Ordinance upon application of PETERSON ASSOCIATES for a Change
of Zoning from R-5 to PD-H2 per the following.
Councilman Baum requested the Staff address the flooding problems in the
West Neck Canal area, and southward, and suggested a Briefing be held
some time in January 1984 to discuss the possibility of the City acquiring
certain critical flooding areas.
ORDINANCE UPON APPLICATION OF PETERSON ASSOCIATES
FOR A CHANGE OF ZONING FROM R-5 TO PD-H2 ZO1283791
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
Ordinance upon application of Peterson Associates
for a Change of Zoning District Classification
from R-5 Residential District to PD-H2 Planned
United Development District on certain property
located on the south side of Recreation Drive
beginning at a point 770 feet more or less
west of Salem Road, running a distance of 333.71
feet along the south side of Recreation Drive,
running a distance of 935 feet in a southerly
direction, running a distance of 1544.90 feet
in a westerly direction, running a distance
of 917.65 feet along the western property line,
running a distance of 1774.12 feet along the
southern property line and running a distance
of 1900.16 feet along the eastern property
line. Said parcel contains 43.3 acres. KEMPSVILLE
BOROUGH.
Prior to the changing of the official zoning maps, the following condition
will be met:
A 30-foot dedication along the frontage on Recreation Drive,
45 feet from the centerline of the old 30-foot right-of-way
to provide for an ultimate 90-foot right-of-way for Lynnhaven
Parkway as per the Master Street and Highway Plan.
This Ordinance shall be effective from the date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia on the
Twelfth day of December, Nineteen Hundred Eighty-Three.
December 12, 1983
-33-
Item II-H. iO
PLANNING
ITEM # 21106 (continued)
Voting: 10-1
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor
Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones,
Robert G. Jones, W. H. Kitchin, III, Reba S. McClanan,
and J. Henry McCoy, Jr., D.D.S.
Council Members Voting Nay:
Meyera E. Oberndorf
Council Members Absent:
None
December 12, 1983
-34-
Item II-H. 11
PLANNING
ITEM # 21107
Attorney Robert Cromwell represented the applicant.
A motion was made by Councilman Heischober, seconded by Councilman McCoy,
to approve a Change of Zoning from B-2 to A-3 in the application of
PEMBROKE MEADOWS ASSOCIATES.
Upon SUBSTITUTE MOTION by Vice Mayor Henley, seconded by Councilwoman
Oberndorf, City Council ADOPTED an Ordinance upon application of PEMBROKE
MEADOWS ASSOCIATES for a Change of Zoning from B-2 to A-2 (MODIFIED FROM
A-3) per the following:
ORDINANCE UPON APPLICATION OF PEMBROKE MEADOWS
ASSOCIATES FOR A CHANGE OF ZONING FROM B-2
TO A-2 (MODIFIED FROM A-3)
Z01283792
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
Ordinance upon application of Pembroke Meadows
Associates for a Change of Zoning District
Classification from B-2 Community-Business
District to A-2 Apartment District (Modified
from A-3) on certain property located on the
south side of South Witchduck Road beginning
at a point 900 feet more or less west of
Independence Boulevard, running a distance
of 824 feet along the south side of South
Witchduck Road, running a distance of 360
feet along the western property line, running
a distance of 775 feet along the southern
property line, running a distance of 225 feet
in a northerly direction, running a distance
of 80 feet in a westerly direction and running
a distance of 610 feet along the eastern property
line. Said parcel contains 10.2 acres. BAYSIDE
BOROUGH.
This Ordinance shall be effective from the date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia on the
Twelfth day of December, Nineteen Hundred Eighty-Three.
Voting: 6-5 (SUBSTITUTE MOTION CARRIED)
Council Members Voting Aye:
John A. Baum, Vice Mayor Barbara M. Henley, Mayor Louis R. Jones
Robert G. Jones, W. H. Kitchin, III, Meyera E. Oberndorf
Council Members Voting Nay:
Nancy A. Creech, Harold Heischober, H. Jack Jennings, Jr., Reba S.
McClanan, J. Henry McCoy, Jr., D.D.S.
Council Members Absent:
None
December 12, 1983
-35-
Item II-H.12
PLANNING
ITEM # 21108
Attorney Fred Stant represented the applicant.
Dr. Wong, President of the Club, was also present.
Upon motion by Councilman Heischober, seconded by Councilwoman Creech, City
Council ADOPTED an Ordinance upon application of CHINESE COMEMUNITY CULTURAL
CLUB, INC., A VIRGINIA CORPORATION, for a Change of Zoning from R-6 to
B-i, subject to the recommendations of the Planning Commission and the
change in reference from private "Club" to private "Lodge".
ORDINANCE UPON APPLICATION OF CHINESE COMMUNITY
CULTURAL CLUB, INC., A VIRGINIA CORPORATION,
FOR A CHANGE OF ZONING FROM R-6 TO B-1
ZO1283793
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
Ordinance upon application of Chinese Community
Cultural Club, Inc., a Virginia Corporation,
for a Change of Zoning District Classification
from R-6 Residential District to B-1 Business-
Residential District on certain property located
on the east side of Newtown Road beginning
at a point 340 feet more or less north of Daniel
Smith Road, running a distance of 155.02 feet
along the east side of Newtown Road, running
a distance of 425.56 feet along the northern
property line, running a distance of 21.85
feet in a southwesterly direction, running
a distance of 333.18 feet in a northwesterly
direction, running a distance of 59 feet in
a southwesterly direction and running a distance
of 100 feet in a northwesterly direction. Said
parcel contains 1 acre. BAYSIDE BOROUGH.
Council approved this request subject to the following condition:
The applicant voluntarily agreed that this parcel will be
used only for a Chinese cultural club, hereinafter referred
to as a lodge.
This Ordinance shall be effective from the date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia on the
Twelfth day of December, Nineteen Hundred Eighty-Three.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor
Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones,
Robert G. Jones, W. H. Kitchin, III, Reba S. McClanan,
J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
December 12, 1983
-36-
Item II-H.13
PLANNING
ITEM # 21109
Attorney Grover Wright represented the applicant.
Upon motion by Councilman McCoy, seconded by Councilwoman Oberndorf, City
Council ADOPTED an Ordinance upon application of JOHN T. KELLY for a Change
of Zoning per the following:
ORDINANCE UPON APPLICATION OF JOHN T. KELLY
FOR A CHANGE OF ZONING FROM R-5 TO O-1
ZO1283794
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
Ordinance upon application of John T. Kelly
for a Change of Zoning District Classification
from R-5 Residential District to O-1 Office
District on certain property located on the
south side of Baxter Road beginning at a point
1050 feet more or less east of Princess Anne
Road, running a distance of 20 feet along the
south side of Baxter Road, running a distance
of 295 feet in a southeasterly direction, running
a distance of 20 feet in a southwesterly direction,
running a distance of 295 feet in a southeasterly
direction, running a distance of 150 feet more
or less along the southern property line, running
a distance of 239.6 feet in a northwesterly
direction, running a distance of 145.20 feet
in a northeasterly direction and running a
distance of 290 feet in a northwesterly
direction. Said parcel contains 1 acre more
or less. KEMPSVILLE BOROUGH.
Prior to the changing of the official zoning maps, the following condition
will be met:
A 10-foot dedication and a 15-foot reservation along the
frontage on Baxter Road, 45 feet from the centerline of
the old 40-foot right-of-way to provide for an ultimate
90-foot right-of-way as per the Master Street and Highway
Plan.
This Ordinance shall be effective from the date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia on the
Twelfth day of December, Nineteen Hundred Eighty-Three.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor
Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones,
Robert G. Jones, W. H. Kitchin, III, Reba S. McClanan,
J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
December 12, 1983
-37-
Item II-H.14
PLANN lNG
ITEM # 21110
In his letter dated November 29, 1983, Attorney Grover C. Wright requested
deferral of the R. G. Moore Building Corporation application to December 19,
1983.
Upon motion by Councilman Heischober, seconded by Councilwoman Creech, City
Council DEFERRED, to December 19, 1983, an Ordinance upon application of
R. G. MOORE BUILDING CORPORATION for a Change of Zoning per the following:
ORDINANCE UPON APPLICATION OF R. G. MOORE
BUILDING CORPORATION FOR A CHANGE OF ZONING
FROM 1-2 TO B-4
Ordinance upon application of R. G. Moore Building
Corporation for a Change of Zoning District
Classification from 1-2 Heavy Industrial District
to B-4 Resort-Commercial District on parcels
located at the northeast and southeast intersections
of 30th Bay Street and Oceanography Road.
Parcel 1: Located at the northeast intersection
of 30th Bay Street and Oceanography Road, running
a distance of 372.28 feet along the north side
of Oceanography Road, running a distance of
289.42 feet in a northerly direction, running
a distance of 462.64 feet in an easterly direction,
running a distance of 255 feet in a northerly
direction, running a distance of 800 feet more
or less along the northern property line (Southern
boundary of Chesapeake Bay) and running a distance
of 545 feet along the western property line.
Parcel 2: Located at the southeast intersection
of 30th Bay Street and Oceanography Road, running
a distance of 377.46 feet along the south side
of Oceanography Road, running a distance of
119.25 feet in a southerly direction, running
a distance of 752.68 feet in an easterly direction,
running a distance of 130.78 feet in a southeasterly
direction, running a distance of 535.59 feet
in a westerly direction, running a distance
of 35 feet in a southerly direction, running
a distance of 99.01 feet in a westerly direction,
running a distance of 478.54 feet in a southerly
direction, running a distance of 142.44 feet
in a southeasterly direction, running a distance
of 336.31 feet in a southerly direction, running
a distance of 1036.29 feet in a southeasterly
direction, running a distance of 634.38 feet
in a southwesterly direction, running a distance
of 269.85 feet in a southerly direction, running
a distance of 818.59 feet along the southern
property line and running a distance of 3013.41
feet along the east side of 30th Bay Street.
Said parcels contain 53 acres. BAYSIDE BOROUGH.
December 12, 1983
-38-
Item II-H. 14
PLANNING
ITEM # 21110 (continued)
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor
Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones,
Robert G. Jones, W. H. Kitchin, III, Reba S. McClanan,
J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
December 12, 1983
- 39 -
Item II-I.1
APPOINTMENTS
ITEM # 21111
This item was moved forward on the Agenda prior to the Consent Agenda.
Upon NOMINATION by Vice Mayor Henley, the following were APPOINTED to
serve on the PLANNING COMMISSION for four-year terms (January 1, 1984
to December 31, 1987):
JUDITH DOCKERY
HAROLD D. (DICK) GRAHAM
F. DON REID
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor
Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones,
Robert G. Jones, W. H. Kitchin, III, Reba S. McClanan,
J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
December 12, 1983
-40-
Item II-I.2
APPOINTMENTS
ITEM # 21112
This item was moved forward on the Agenda prior to the Consent Agenda.
Upon NOMINATION by Councilman McCoy, WILLIAM M. GUNTER was APPOINTED
(to fill the term vacated by Duncan Wallace) and ROBERT W. CALLIS, JR.
and NORRIS W. SHIRLEY were REAPPOINTED to serve on the SCHOOL BOARD
for three-year terms (January 1, 1984 through December 31, 1986).
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor
Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones,
Robert G. Jones, W. H. Kitchin, III, Reba S. McClanan,
J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
December 12, 1983
-41-
Item II-I.3
AP PO INTMENT S
ITEM # 21113
This item was moved forward on the Agenda prior to the Consent Agenda.
Upon NOMINATION by Councilman Baum, SAMUEL HOUSTON, SR. was REAPPOINTED,
and SAMUEL MARTINETTE was APPOINTED, to serve on the Board of Directors,
SOUTHEASTERN VIRGINIA AREAWIDE MODEL PROGRAM, INC. for four-year terms
(January 1, 1984 through December 31, 1987).
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor
Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones,
Robert G. Jones, W. H. Kitchin, III, Reba S. McClanan,
J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
December 12, 1983
-42-
Item II-I.4
APPOINTMENT S
ITEM # 21114
This item was moved forward on the Agenda prior to the Consent Agenda.
Upon NOMINATION by Councilwoman Creech, JANE M. PURRINGTON and JOHN T.
SPRAGUE were APPOINTED to serve on the WETLANDS BOARD (two additional
seats) for five-year terms to September 17, 1988. (Terms to be effective
January 1, 1984, and this increases the Board membership from five to
seven as approved by City Council October 10, 1983, Item No. 20770.)
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor
Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones,
Robert G. Jones, W. H. Kitchin, III, Reba S. McClanan,
J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
December 12, 1983
-43-
Item II-J.1
UNFINISHED BUSINESS
ITEM # 21115
Upon NOMINATION by Councilman Jennings, DARVIN WHITE, JR. was REAPPOINTED
to serve on the BOARD OF PLUMBING AND MECHANICAL APPEALS for a two-year
term (January 1, 1984 to December 31, 1985).
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor
Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones,
Robert G. Jones, W. H. Kitchin, III, Reba S. McClanan,
J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
December 12, 1983
-44-
Item II-J.2
UNFINISHED BUSINESS
ADD-ON
ITEM # 21116
Councilman McCoy made reference to a letter dated December 7, 1983,
addressed to City Council Members from the City Manager relative
to a proposal which he had presented to City Council November 28,
1983, that included the extension of Indian Lakes Boulevard to Provi-
dence Road (said letter was included in the "For Your Information"
section of Council's Agenda). Councilman McCoy requested this section
of construction be expedited, as addressed in said letter (hereby made
a part of the record).
Referring to the second paragraph of the subject letter regarding the
proposed link from Churchill Drive to Baxter Road, Councilman McCoy
requested the Staff research the costs involved in condemning homes
in order to allow this linkage.
December 12, 1983
-45-
Item II-J.3
UNFINISHED BUSINESS
ADD-ON
ITEM # 21117
Councilman Baum requested City Attorney Bimson prepare an Ordinance
regarding an increase in compensation for Council Members ($12,000) and the
Mayor ($14,000). It was requested this be placed on the Formal Agenda
December 19, 1983, inasmuch as the State Code specficially states this
has to be effected four (4) months prior to the date of municipal
elections (May 1984).
December 12, 1983
-46-
Item II-J.4
UNFINISHED BUSINESS
ADD-ON ITEM # 21118
Councilman Robert Jones inquired of the City Manager the status of a
six-month evaluation of Automated Office Services. City Manager Muehlenbeck
advised he expects to have the Staff's recommendations no later than
January 16, 1984.
December 12, 1983
-47-
Item II-J.5
UNFINISHED BUSINESS
ADD-ON ITEM # 21119
Regarding the request by Bank of Virginia Beach to expedite their
application for a Change of Zoning (December 5, 1983), City Manager
Muehlenbeck advised Council that no undue hardship was presented by
the Bank; consequently, action on this application will not be expedited.
December 12, 1983
-48-
Item II-J.6
UNFINISHED BUSINESS
ADD-ON
ITEM # 21120
In accordance with the City Manager's suggestion, Council scheduled a
Workshop, regarding the proposed C.I.P (1983-84/1987-88), for 3:00 p.m.,
January 5, 1984.
December 12, 1983
-49-
Item II-J.7
UNFINISHED BUSINESS
ADD-ON
ITEM # 21121
City Manager Muehlenbeck suggested Council meet at 11:00 a.m. on Monday,
December 19, 1983, due to the extensive number of Agenda items.
December 12, 1983
-50-
Item II-J.8
UNFINISHED BUSINESS
ADD-ON ITEM # 21122
Relative to Councilman Jennings' previous suggestion that a "study" be
performed regarding reorganization of City Council, City Attorney Bimson
was requested to advise Council of the steps necessary to initiate a
Public Hearing for citizen input as to the subject reorganization. Said
report will be given to Council Members December 19, 1983.
December 12, 1983
-51-
Item II-K.1
NEW BUSINESS
Upon motion by Councilman Heischober, seconded by Councilman Jennings,
City Council APPROVED construction of a Veterans' Memorial in front of
the Pavilion south of 19th Street. Upon completion of the project, the
City will assume the maintenance function.
Recommendations for said construction were contained in the City Manager's
letter to Council Members (dated December 5, 1983, and hereby made a part
of the record).
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor
Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones,
Robert G. Jones, W. H. Kitchin, III, Reba S. McClanan,
J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
December 12, 1983
-52-
Item II-L.1
ADJOURNMENT
ITEM # 21124
By consensus, Council adjourned the meeting at Four Forty-Five in the
afternoon.
Joa~M. Keith
D~ty City Clerk
muth Hoages ~mlth, CMC
City Clerk
Mayor
City of Virginia Beach
Virginia
December 12, 1983