JANUARY 6, 1986 MINUTES
Cit@ C>f -Vi:rwirai@
"WORLD'S LARGEST RESORT CITY"
CrTy COUNCIL
MA YOR HAROLD BEISCHOBER. A t
VICE-MA YOR @ S. M@CLANAN, A- @gh
JOBN A. RAUM, Bi-@@ @A
NANCY A. CREECH, At L-g-
ROBERT E. @, V@0- B-A B-gh
BARRARA M @, P..P &-Fh
M. JACK JENNINGS, JR., L@.- @h
LOUIS R. JO@ Bv@ B_wh
ROBERT G. JONM At L-P
J. BENRYMCOY. JR.. K-@ B-gh
ME@ E. OBERNDORP, At L-P f8l CRIY HALL BUILDRVG
RUTH HODGES SMIM CMC. Qtv Mlk CITY COUNCIL AGENDA MUNICIPAL CE=R
VIRrrNIA BEACH, VIRGRNIA ow-OM
January 6, 1986
Virginia Beach City Council
ITEM I. MEETING OF VIRGINIA BEACH CITY COUNCIL - Conference Room - 11:00 AM
A. CALL TO ORDER - Mayor Harold Heischober
B. ROLL CALL OF COUNCIL
C. MOTIOM TO RECESS INTO EXECUTIVE SESSION
ITEM II. REGULAR SESSION OF VIRGINIA BEACH CITY COUNCIL - Council Chambers - 2 PM
A. INVOCATION: Reverend Jean T. Rutherford
Beachgrove Bethel United Methodist Church
B. PLEDGE OF ALLEGIMCE TO THE FLAG OF THE UNITED STATES OF
AMERICA
C. ELECTRONIC ROLL CALL OF CITY COUNCIL
D. CITY MANAGER'S ADMINISTRATIVE ITEMS
1. Review of Consent Agenda
E. MAYOR/COUNCIL - DISCUSSION OF PERTINENT MATTERS
F. MINUTES
1. Motion to accept/approve the Minutes of December 16, 1985
G. PRESENTATION
1. Resolution In Memoriam: Sally A. Marcel
H. PLANNING
1. REQUEST FOR WAIVER of a condition imposed upon the
application of Virginia Reach Federal Savings & Loan
Association for a change of zoning from R-4 Residential
Distrirt to 0-1 Office District on a 3.6-acre parcel
located on the west side of First Colonial Road north of
Wolfsnare Road (Lynnhaven Borough), approved by City
Council March 17, 1980.
DEFERRED by City Council November 25, and December 9, 1985
2. Application of Harry S. and Jean W. Rogers for a variance
to Section 4.4(b) of the Subdivision Ordinance, which
requires that lot dimensions conform to the Comprehensive
Zoning Ordinance on property located at 5613 Normandy
Avenue (Kempsville Borough)
DEFERRED by City Council November 18, 1985 and
December 9, 1985
Recommendation: DENIAL
I. OILDINANCES
1. Ordinance to Amend and Reordain Section 35-66 of the Code
of the City of Virginia Beach, Virginia, by ADDING thereto
a new Subsection (c) pertaining to the late filing of
affidavits
2. Ordinance to amend and reordain Section 37-7, 37-8, 37-9,
37-10, 37-11, and 37-12 and ADD Sections 37-7.1 and 37-7.2
to the Code of the City of Virginia Beach, Virginia,
pertaining to tap and meter installation fees and WATER
RESOURCE RECOVERY FEES
DEFERRED by City Council December 9 and 16, 1985
J. CONSENT AGENDA
All matters listed under the Consent Agenda are considered in
the ordinary course of business by City Council and will be
enacted by one notiou in the form listed. If an item is
removed from the Consent Agenda, it will be discussed and voted
upon separately.
1. Resolution in Recognition: Teresa Ann Eaton
2. Resolution In Memoriam: Sally A. Marcel
3. Ordinance to direct and authorize the City Manager to
execute an addendum to the Virginia Beach Arts Center,
Inc., lease
4. Ordinance upon FIRST READING to accept and appropriate
$150,000 from the Commission of Game and Inland Fisheries
for the renovation of Owl Creek Boat Ramp
5. Ordinance upon SECOND RIF-ANING to accept and appropriate
$20,000 from Chapel Hill Associates for recreational
facilities in the Jamestown Subdivision
6. APPOINTMENT OF VIEWERS: Ordinance closing, vacating, and
discontinuing a portion of that certain street known as
Ohio Avenue, as shown upon that certain plat entitled,
.plat showing a portion of Ohio Avenue to be closed and
vacated by the City of Virginia Beach, Virginia"
7. LOW BID of Hydro Corporation in the amount of $148,884 for
the Potters Sand Fence - Atlantic Ocean Underwater
Obstruction Removal - CIP 2-826; and, to authorize the City
Manager to negotiate the necessary documents
8. LOW BID of Luke Construction Co., Inc. in the amount of
$327,267.90 for the Resort Area Advisory Commission
Demonstration Project - Boardwalk Overlooks, 13th Street,
14th Street and 20th Street - CIP 3-962; and, to authorize
the City Manager to negotiate the necessary documents
9. Bingo/Raffle Permits:
Sandbridge Fire Brigade, Inc. Bingo
Virginia Beach Association of Gifted and Talented Raffle
Filipino Women's Club of Tidewater, Inc. Bingo/Raffle
Marching Cavaliers Parents Association Bingo/Raffle
10. Ordinance authorizing tax refunds in the amount of
$3,215.54
11. Ordinance authorizing license refunds in the amount of
$5,135.91
K. APPOINTNENTS
1. Advertising Selection Committee
2. Building Code Appeals Board
3. Community Services Board
4. Development Authority
5. Frances Land House Board of Governors
6. Planning Commission
'7. Plumbing & Mechanical Appeals Board
8. School Board
9. Southeastern Virginia Area-Wide Model Program (SEVAMP)
10. Tidewater Community College Board
11. Tidewater Stadium Authority
12. Virginia Beach Community Development Corporation
L. UNFINISHED BUSINESS
1. CANCEL/RESCHEDULE Regular Neeting of February 17, 1985
(City Holiday)
M. NEW BUSINESS
1. Interim Financial Statements - July I through
November 30, 1985
2. Annual Financial and Compliance Audit Report - for fiscal
year ended June 30, 1985
N. RECESS FOR COUNCIL APPOINTEE EVALUATION
0. ADJOURWNT
7
Item II-G. I
MINUTES ITEM 24994
Upon motion by Councilwoman Creech, seconded by Councilwoman Henley, City
Council APPROVED the Minutes of January 6, 1986, as CORRECTED:
Item II-N.2 - Item # 24778 - Page 48
In the Third Paragraph, Eighth Sentence:
Bike Trial should be Bike Trail
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr. , Louis R.
Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry
McCoy, Jr., D.D.S. and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
February 24, 1986
M I N U T E S
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
January 6, 1986
The Regular Meeting of the Council of the City of Virginia Beach, Virginia,
was called to order by Mayor Heischober in the Conference Room, City Hall
Building, on Monday, January 6, 1986, at 11:00 A.M.
Council Members Present:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr. , Robert G.
Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D. S.
and Meyera E. Oberndorf
Council Members Absent:
Louis R. Jones
Councilman Louis Jones was attending a Funeral.
- 2 -
ITEM # 24731
Mayor Heischober entertained a motion to permit Council to conduct its
EXECUTIVE SESSION pursuant to Section 2.1-344, Code of Virginia, as
amended, for the following purposes:
1. PERSONNEL MATTERS: Discussion or consideration of employment,
assignment, appointment, promotion, performance, demotion,
salaries, disciplining or resignation of public officers,
appointees or employees.
2. PUBLICLY HELD PROPERTY: Discussion or consideration of the
condition, acquisition or use of real property 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.
3. 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 Fentress, seconded by Councilman Jennings, City
Council voted to proceed into EXFCUTIVE SESSION.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Robert G.
Jones, Vice Mayor Reba S. McClanan, J. Henry MCCOY, Jr., D.D.S.
and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Louis R. Jones
Januar 6 1986
- 3 -
R E G U L A R S E S S I 0 N
VIRGINIA BEACH CITY COUMCIL
January 6, 1986
2:15 P.M.
Mayor Heischober called to order the Regular Session of the Virginia Beach
City Council in the Council Chambers, City Hall Building, on Monday,
January 6, 1986, at 2:15 P.M.
Council Members Present:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R.
Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry
McCoy, Jr., D.D.S. and Meyera E. Oberndorf
Council Members Absent:
None
INVOCATION: Reverend Jean T. Rutherford
Beachgrove Bethel United Methodist Churcb
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
Januar
- 4 -
CITY MANAGER'S ADMINISTRATIVE ITEMS
Item II-D.1
CONSENT AGENDA ITEM # 24732
Councilman Jennings referenced an Ordinance, upon FIRST READING to accept
and approrpiate $150,000 from the Commission of Ga-e aud Inland Fisheries
for the renovation of Owl Creek Boat Ramp. (See Item II-J.4 of the Consent
Agenda).
Councilman Jennings requested Staff prepare estimates of the City's
contributions through the Marine Gas Tax.
Item II-D.2
CONSENT AGENDA ITEM # 24733
Concilman Fentess inquired concerning the LOW BID of Hydro Corporation in
the amount of $148,884 for the Potters Sand Fence - Atlantic Ocean
Underwater Obstruction Removal - CIP 2-826; and, to authorize the City
Manager to negotiate the necessary documents. (See Item II-J.7 of the
Consent Agenda).
This entails a "no-cure-no-pay contract"; however, Donald Trueblood, Chief
Engineer, adivsed the City is obligated for $10,000 of the mobilization
costs.
Item II-D.3
CONSENT AGENDA ITEM # 24734
Councilwoman Oberndorf referenced the LOW BID of Luke Construction Co.,
Inc. in the amount of $327,267.90 for the Resort Area Advisory Commission
Demonstration Project - Boardwalk Overlooks, 13th Street, 14th Street and
20th Street - CIP 3-962; and, to authorize the City Manager to negotiate
the necessary documents. (See Item II-J.8 of the Consent Agenda.)
The City Ma:nager advised the Staff anticipated this "Changeover" would
cause a reduction in the cost.
January 6, 1986
- 5 -
MAYOR/COUNCIL - DISCUSSION OF PERTINENT MATTERS
Item II-E.1
ANNOUNCEMENT ITEM # 24735
The Mayor referenced the Ordinance to amend and reordain Section 37-7,
37-8, 37-9, 37-10, 37-11, and 37-12 and ADD Sectious 37-7.1 and 37-7.2 to
the Code of the City of Virginia Beach, Virginia, pertining to tap and
meter installation fees and WATER PESOURCE RECOVERY FEES. (See Item II-I.2
of ORDINANCES).
The Mayor advised Councilwoman Barbara Henley and the the City Manager will
make a statement concerning WELL USERS.
6
Item II-F.1
MINUTES ITEM # 24736
Upon motion by Councilwoman Creech, seconded by Councilman Fentress, City
Council APPROVED the MINUTES of December 16, 1985, AND, the SPECIAL MEETING
of December 19, 1985.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R.
Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry
McCoy, Jr., D.D.S. and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
- 7 -
Item II-G.1
PRESENTATIONS ITEM # 24737
The Mayor presented a RESOLUTION IN MEMORIAM for:
SALLY A. MARCEL
David A. Marcel, her husband ACCEPTED this Resolution.
Dr. Marlene Hager, Registrar, was also in attendance.
This RESOLUTION recognized Sally A. Marcel's many contributions to the
City, as Assistant Registrar for twelve years.
8
Item II-H.1
PLANNING - REQUEST FOR WAIVER
ITEM # 24738
Attorney J. B. Lonergan represented the applicant and referenced agreement
which reduced the BUFFER from 100-feet to 40-feet.
The following adjacent residents were in attendance but did not speak:
Hunter Nye
Dori Neher
Robert Yoder
Architects rendering of proposed CMC Office Building is hereby made a part
of the record.
AGREEMENT has been submitted in ACCEPTABLE AND RECORDABLE FORM (Said
Agreement is hereby made a part of the record.)
Upon motion by Councilman Jennings, seconded by Councilman McCoy, City
Council NODIFIED a Condition imposed upon the application of VIRGINIA BEACH
FEDERAL SAVINGS & LOAN ASOCIATION for a Change of Zoning District
Classification from R-5 Residential District to 0-1 Office District on a
3.6-acre parcel located on the west side of First Colonial Road north of
Wolfsnare Road (Lynnhaven Borough). This Application was APPROVED by City
Council on March 17, 1980.
The Condition to be MODIFIED:
1. A 100=fz5,oT 40-foot buffer along the western property line where
existing trees are to be maintained.
Voting: 8-3
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, H. Jack Jennings, Jr., Louis R. Jones, Robert G.
Jones and J. Henry McCoy, Jr., D.D.S.
Council Members Voting Nay:
Barbara M. Henley, Vice Mayor Reba S. McClanan and Meyera E.
Oberndorf
Council Members Absent:
None
January 6, 1986
9
Item II-H.2
PLANNING ITEM 24739
Upon motion by Councilman Jennings, seconded by Councilman Louis Jones,
City Council DEFERRED for two weeks until the City Council Meeting of
January 21, 1986, Application of HARRY S. AND JFAN W. ROGERS for a Variance
to Section 4.4(b) of the Subdivision Ordinance:
Appeal from Decisions of Administrative Officer,
in regard to certain elements of the Subdivisio,
Ordinance, Subdivision for Harry S. and Jean W.
Rogers. Property is located at 5613 Normandy
Avenue. Plats with more detailed information are
available in the Department of Planning.
KEMPSVILLE BOROUGH.
This Application is DEFERRFJ) to enable submittal of AGELEEMENT.
Letter from Richard Browner dated January 3, 1986, referencing AGREEMENT is
hereby made a part of the record.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R.
Jones, Robert G. Jones, Vice Mayor Reba S. McClanan and Meyera E.
Oberndorf
Council Members Voting Nay:
None
Council Members Abstaining:
J. Henry McCoy, Jr., D.D.S.
Council Members Absent:
None
- 10 -
Item II-I.1
ORDINANCES ITEM # 24740
Upon motion by Councilman Jennings, seconded by Councilwoman Oberndorf,
City Council ADOPTED:
Ordinance to Amend and Reordain Section 35-66 of
the Code of the City of Virginia Beach, Virginia,
by ADDING thereto a new Subsection (c) pertaining
to the late filing of affidavits.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R.
Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry
McCoy, Jr., D.D.S. and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
-10a -
REQUESTED BY: COUNCILMAN JACK JENNINGS
AN ORDINANCE TO AMEND AND REORDAIN
SECTION 35-66 OF THE CODE OF THE
CITY OF VIRGINIA BEACH, VIRGINIA,
BY ADDING THERETO A NEW SUBSECTION
(c) PERTAINING TO THE LATE FILING
OF AFFIDAVITS
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That Section 35-66 of the Code of the City of Virginia
Beach, Virginia, be amended and reordained by adding thereto
subsection (c) to read as follows:
Sec. 35-66. Applicant's affidavit and certificate of disability.
(c) The city manager is hereby authorized to accept and
process late filings of the affidavits described in subsections
(a) and (b) above until January 31st of the tax year for which
exemption, deferral or freeze is sought. The city manager shall
accept and process such late filings in cases of (1) first time
applicants, or (2) where he determines that the failure to grant
the exemption, deferral or freeze would serve to create an extreme
hardship for the applicant.
This Ordinance shall become effective from the date of
its adoption.
Adopted this 6 day of Janaury 1986, by the
Council of the City of Virginia Beach, Virginia.
Authority: Section 58.1-3213, Code of virginia
GLF/da/rab
12/9/85
12/20/85
12/30/85
(A)
AP@OOD ASCO CONTENT:
d -- -
APPROVED AS TO LEGAL SUFFICIENCY AND FORM:
City torney
Item II-I.2
ORDINANCES ITEM 24741
Councilwoman Henley reiterated Council's concern relative the effect of the
IMPACT FEE on Well Users. These concerns will be addressed at a future
Council Meeting.
The City Manager advised of the following concepts relative Well Users:
1. A Mandatory Connection Ordinance would be held in abeyance for 10
years, except in neighborhoods where 75% of the property owenrs
either signed contracts or petition for the service.
2. Give existing residents served by private wells until June 30,
1986, to obtain sufficient neighborhood contracts to qualify for
public water service. If, such a percentage of residents request
service, then the Water Resource Recovery Fee would be the fee in
effect at the time the contracts are signed and such amounts
would be due at the time the City provides the service.
3 Change the financing option to extend the payments for payback
from the current four years to eight or ten years at the existing
interest of eight percent (8%).
4. When the staff can examine those projects included in the current
Capital Improvement Program and those neighborhods who have met
the 75% petition requirements in compliance with the City Code,
the staff could provide Council with a recommendation for an
appropriate method of addressing those conditions at a future
Council Meeting.
Within approximately thirty days, this issue concerning the Well Users will
be RECONSIDERED by City Council.
The following spoke in support of this Ordinance:
Rae LeSesne, resident
Chauncey Black, resident and presented to Council a fact sheet concerning
Population relative Households and Water Cost per Single Family
Households. Same is hereby made a part of the record.
Irvin A. Douglas, citizen
The following spoke in OPPOSTION to said Ordinance:
Attorney Richard Guy, for Tidewater Builders Association
Bill Sykes, builder
Ray Estes, represented Sea Breeze Farm Civic League
Attorney Robert Cromwell represented the Breeden Company
John J. Lenandowski, well user
Lee A. Williams, resident of Doyle Way
Upon motion by Councilman McCoy, seconded by Councilwoman Oberndorf, City
Council ADOPTED, AS REVISED*:
Ordinance to amend and reordain Section 37-7,
37-8, 37-9, 37-10, 37-11, and 37-12 and ADD
Sections 37-7.1 and 37-7.2 to the Code of the
City of Virginia Beach, Virginia, pertaining to
tap and meter installation fees and WATER
RESOURCE ELECOVERY FEES.
Januar 6 1986
- 12 -
Item II-1.2 ITEM # 24741 (Continued)
The City Attorney reiterated the REVISIONS proposed for the Ordinance:
Page One, Paragraph 8, beginning with the words "Whereas, the Council of
the City of Virginia Beach ..." was ADDED.
On Page 3, under Section (b), 1 (i), (ii), and (iii) has been added.
On Page 9, Section 37-9 (b) has been added. There has been some
consideration to extending the length of that period, but same has not yet
been changed.
On Page 15, the effective date has been changed to INKEDIATELY UPON
ADOPTION. A retroactive date has been eliminated.
Voting: 9-2
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, Louis R. Jones, Vice Mayor Reba S.
McClanan, J. Henry McCoy, Jr., D.D.S. and Meyera E. Oberndorf
Council Members Voting Nay:
H. Jack Jennings, Jr. and Robert G. Jones
Council Members Absent:
None
Januar 6
- ]2a -
AN ORDINANCE TO AMEND AND REORDAIN
SECTIONS 37-7, 37-8, 37-9, 37-10,
37-11, AND 37-12 AND ADD SECTIONS
37-7.1 AND 37-7.2 TO THE CODE OF
THE CITY OF VIRGINIA BEACH,
VIRGINIA, PERTAINING TO TAP AND
METER INSTALLATION FEES AND WATER
RESOURCE RECOVERY FEES
WHEREAS, the Council of the City of Virginia Beach has
determined that current water supplies will be inadequate to meet
projected demand after 1990; and
WHEREAS, the Council of the City of Virginia Beach is
attempting to solve this potential water shortage and to provide
necessary water for the citizens of Virginia Beach; and
WHEREAS, the Council of the City of Virginia Beach has
authorized and directed numerous studies in order to determine the
most appropriate solution to this projected water shortage based
upon financial, engineering and legal considerations; and
WHEREAS, the Council of the City of Virginia Beach has
received and has studied reports from City staff and various
consulting agencies encompassing the considerations listed above,
and has concluded that the use of water resource recovery fees is
an appropriate method of cost recovery; and
WHEREAS, the Council of the City of Virginia Beach
specifically has received, studied and relied on the
recommendations contained in an extensive report from Arthur
Young and Company, dated December 1985; and
WHEREAS, it is the express intention of the Council of
the City of Virginia Beach that a separate account be established
in order to segregate the monies collected under this Ordinance so
that said monies shall only be used to finance programs designed
to solve this impending water shortage crisis and associated
distribution facilities; and
WHEREAS, the Council of the City of Virginia Beach has
determined that phasing-in of the recovery fee over the period of
one (1) year is the most appropriate method of implementation;
NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA:
That Sections 37-7 through 37-12 are hereby amended and
Sections 37-7.1 and 37-7.2 are hereby added to the Code of the
City of Virginia Beach, Virginia, and read as follows:
Section 37-7. Tap and meter installation feesT-impaet-fee.
The following fees shall be paid for connections to a city
water line and for the installation of water meters:
(a) Tap and meter fees:
(1) 5/8 inch and 3/4 inch tap:
Tap and meter $285.00
Meter only $155.00
(2) 1 inch tap:
Tap and meter $370.00
Meter only $240.00
(3) 1 1/2 inch or larger tap and/or meter:
Cost of labor, materials, and equipment, plus
twenty-five percent (25%).
(4) When the installation requires a combination of a
different size tap and meter than listed above,
the charges will be based on cost of labor,
materials and equipment, plus twenty-five (25) per
cent.
+b@--Water-reseeree-impaet-feest
+4*--Metere-ef-4-ineh-or-leas $65790
+2+--Meters-ever-4-imeh 6439vG@
+e*.(b) For taps in excess of one (1) inch, an amount shall be
placed in escrow based on an estimate of costs by the director of
public utilities.
Section 37-7.1 Water resource recovery fees (recovery fees),
generally.
.(a) The fees prescribed by the following subsections of
this section shall be paid as the property owner's share of the
COSt Of water resource development and associated distribution
facilities. Such fees shall be known as "recovery fees." The
fees shall be determined on the basis of the drainage fixture
unit schedule as provided in the Uniform Statewide Building Code
(Plumbing), as amended from time to time. Such fees shall also
-2-
be applicable to a use or structure presently connected to the
water system whenever such use or structure is expanded, changed
or modified resulting in an increase in drainage fixture units,
and to a use or structure not presently connected to the water
system when such use or structure connects. If a property owner
has previously paid water line fees but has not obtained a
building permit the property owner shall be charged the full
amount of applicable line fees and recovery fees, less a credit
of any water line fees previously paid.
(b) Recovery fees shall be as follows:
(1) Each drainage fixture unit shall be charged a
recovery fee according to the following
schedule:
(i) $32.00 per drainaqe fixture unit from
the effective date of this Ordinance
until June 30, 1986.
(ii) $63.00 per drainaqe fixture unit from
July 1, 1986, to December 31, 1986.
(iii) $95.00 per drainaqe fixture unit
effective January 1, 1987.
(2) In all cases where a plumbing fixture is not
specifically described in the Uniform
Statewide Building Code (Plumbing), as
amended from time to time, an equivalant
drainage fixture unit value for the plumbing
fixture shall be computed by the department
of public utilities and shall be made a part
of the standards and specifications of the
department of public utilities.
In the event of a dispute as to the amount of fees
owed, the property owner may appeal the department of public
utilities' decision to the city manager or his designee and,
thereafter, to city council.
-3-
(c) No building or plumbing permit shall be issued for any
property, and if issued, shall not be valid, until the fees
provided for in this section have been paid.
(d) In the case of existing contract agreements between
owners and the city regarding water resource impact fees and
waiver of water resource impact fees, such agreements shall remain
in effect.
Section 37-7.2 Water resource recovery fee account.
All monies collected as water resource recovery fees under
section 37-7.1 shall be deposited into a special account to be
known as the "water resource recovery fee account." Monies shall
be disbursed from this account to pay costs of projects designed
to develop sources of water supply and distribution facilities
for the City, and related existing and future debt service.
Section 37-8. Water system impeet line fees (line fees),
generally.
(a) The fees prescribed by the following subsections of
this section shall be paid as the property owner's share of the
cost of water system installation, such fees to be known as "line
fees." Such fees shall also be applicable to a use or structure
presently connected to the water system whenever such use or
structure is expanded, changed or modified. In such cases, the
fees shall be determined on the basis of the total proposed new
use or structure, less a credit, at current rates, for the
existing use or structure or the last structure, if previously
demolished; provided, the property has not been vacant for more
than ten (10) years. No credit shall be allowed after ten (10)
years.
(b) The property owner's share of system installation,
where connection is made to a line or pumping station being a
part of the system within the city, installed-or-perehased-by-the
eibyT shall be as follows:
(1) Single-family residences:
-4-
a. For the first 100 feet, or portion
thereof, of frontage: $650,GG $400.00.
b. For each foot of frontage in excess of
100 feet: $6T59 $4.00.
In cases where the front footage is 1.5 or more
times greater than the rear yard footage, the
front footage, ior the purposes of this
subsection, shall be determined by adding the
front and rear yard lengths and dividing that sum
by two (2). Whenever a water line is located on
two (2) sides of a parcel, the shorter side shall
be the one upon which the determination of front
footage shall be calculated. Whenever a water
line is located on only one side of a parcel, that
side shall be used for the purpose of front
footage. In cases where there are frontages on
residences zoned for agricultural use which are
larger than the minimum frontage requirements for
residential property, the director of the
department of public utilities may authorize line
fees to be computed based on the minimum front
footage for residential property for each dwelling
unit on the property. In cases where there are
frontages on residences zoned for residential use,
but actually used for agricultural, horticultural,
forest or open space and currently classified and
taxed for such use by the real estate assessor,
the director of public utilities may authorize
line fees to be computed based on the minimum
front footage for residential property for each
dwelling unit on the property, provided that, in
either of the aforementioned cases, the owners of
such property shall sign an agreement, to be
recorded against the property, that at the time
the property is further developed or subdivided or
changes title or experiences a change in tax
-5-
classification, full fees will become due and
payable. The rates applicable will be those
Prevailing at the time the change to the property
takes place and will be based on the land use type
which will be in effect after the change.
For purposes of line fees only, single-family
residences with detached-apartment units shall be
charged in accordance with the fees set forth in
subsection (3) below.
(2) Motels and hotels, per unit: $499.,Go.$245.00.
(3) Structures with two (2) or more family residential
units, per unit: $44GTOG $295.00.
(4) Nursing and convalescent homes, per room
[calculated at two (2) beds = one (1) room]:
0460vgg $35.00.
(5) Trailers, per space: $240"G $85.00.
(6) Professional and office buildings, per 600 square
feet of building area: $+6GvGG $35.00.
(7) Retail stores, restaurants and shopping centers,
per square foot of floor space: $9,+2 $0.08.
(8) Industrial, manufacturing, wholesale, assembly,
processing and distribution facilities, domestic
use, per square foot of floor space: OGT+4 $0.08
(9) Separate warehouse facilities used for storage
only, where no industrial activity, manufacturing
or processing takes place, per square foot of
floor space: $GTga $0.02.
(10) In all cases where the use or structure is not
described hereinabover line fees for the building,
structure, addition, modification or expansion
thereto shall be computed as follows:
a. The estimated daily flow of the proposed use
shall first be determined by the department
of public utilities, based on similar actual
flows of comparable uses, taking into account
-6-
the hours of operation, type of use, location
and other criteria determinative of estimated
flows; then
b. This estimated daily flow will be divided by
400, yielding a demand units figure; then
c. This demand units figure will be multiplied by
the minimum fee applicable to a single-family
residence.
If an estimated flow cannot be accurately
determined, the director of public utilities is
authorized to accept a deposit, in advance of
actual flows, with the fee to be determined after
one year of actual consumption, as per a. through
c. above.
These fees shall not be charged to a property owner
when the property owner must construct an extension to the public
water system, which is to become a part thereof, to provide
service to a specific parcel or parcels as shown on the approved
construction plans.
J5*--TrailerST-per-speeel.--$425TGO,
-7-
rea!4eneer
if-an-estimated-fiew-eannet-be-eeeurately
aeL-eal-fiewer-with-the-fee-te-be-determined-after
fd+(c) A special water line fee for seasonally operated
campsite parks connected to any city water main is hereby
established. Such fee shall be ninety-five-dellars-+$95799+
eighty-five dollars ($85.00) per camp space. For this fee to be
applicable, the owner must enter into a contract with the city
providing that, at such future time as the camp park is converted
to year-round use, the fees specified in subsections (b)(5) and
+e++S* of this section shall be applicable and that the owner
shall pay the difference in such fees at the time of conversion
to year-round use.
+"(d) In no event shall any line fee for any purpose
enumerated in this section be less than the amount calculable if
the use in question were a single-family residence. Where more
than one use or more than one structure is to occur on a single
parcel of land, the minimum amount shall apply separately to each
individual use or structure.
ff+(e) No building or plumbing permit shall be val-44 issued,
and if issued, shall not be valid, and no water or sewer tap
shall be installed for any property until the fees provided for
in this section have been paid. r-eneepL--as-otherwise-previded-in
this-artieler
+g@(f) In the case of existing contract agreements between
owners and the city regarding fees and waiver of fees, such
agreements shall remain in effect.
Section 37-9. installment, etc., payment of line fees and
recovery fees.
(a) The director of public utilities is hereby authorized
to accept, on behalf of the city, notes for the payment of the
line fees due under subsection (b)(1) of section 37-8r and
recovery fees due for those same single family residences, if
homeowner-occupied. The terms of each such note shall be: all
tap and eleameut meter fees, given as a down payment, with the
full 41-me remaining fees payable in four (4) equal, annual
installments at a rate of interest of eight (8) percent per
annum.
(b) when a hardship exists, the director of public
-9-
utilities may allow the down payment line-feeg prescribed in
paragraph (a) above, to be paid by installments over a one-year
period; or, if the property is being offered for sale, the
director of public utilities may enter into an agreement whereby
all fees shall be paid from the proceeds of the sale or within
ninety (90) days of the date of the agreement, whichever shall be
the sooner.
Section 37-10. water line fee and recoverz f:5s exemptions - For
certain elderly an an icapp persons.
(a) Exemption or partial exemption from payment of the line
fees prescribed by section 37-8 and the recovery fees prescribed
by section 37-7.1 is provided for certain property owners who
qualify under this section. The exemption is to be administered
by the city manager or his authorized designee, herein referred
to as the administrator. The administrator 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
exemption. The administrator may require the production of
certified tax returns and appraisal reports to establish income
and financial worth.
(b) Exemptions shall be granted under this section subject
to the following provisions:
(1) Title to the property for which the line fee and
recovery fee exemption is sought must be held or partially
held by the applicant at least one hundred and twenty (120)
days prior
to the installation or scheduled date of installation,
whichever comes first, of the water line.
(2) The owner of the title or partial title must be
sixty-five (65) years of age or older at least one hundred
and twenty (120) days prior to the installation or scheduled
installation date, whichever comes first, of the water line.
If such person is under sixty-five (65) years of age, he or
she shall possess a certification by the social security
-10-
administration, the veteran's administration, or the
railroad retirement board, or if such person is not eligible
for certification by any of these agencies, a sworn
affidavit by two (2) medical doctors licensed to practice
medicine in the commonwealth, to the effect that such person
is permanently and totally disabled, as defined in
subsection (f) of this section. The affidavit of at least
one of such doctors shall be based upon a physical
examination of such person 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 subsection (f) of this
section. Such medical affidavits shall be filed with the
administrator at such time as the applicant files a water
line fee exemption affidavit.
(3) The dwelling to be connected to the water line
must be the sole dwelling of the applicant claiming
exemption.
(4) The total combined income during the immediately
preceding calendar year from all sources of the owners of
the dwelling living therein and of the owner's relatives
living in the dwelling does not exceed fifteen thousand
dollars ($15,000.00); provided that the first four thousand
dollars ($4,000.00) of income of each relative, other than
spouse or spouses of the owner or owners living in the
dwelling shall not be included in such total.
(5) The net combined financial worth of the owner
shall not exceed forty thousand ($40,000.00), excluding the
fair market value of the house to be connected to the water
line. Net combined financial worth shall include the value
of all assets, including equitable interests, of the owner
and of the spouse of the owner.
(c) Persons applying for line fee and recovery fee
exemption under this section must file with the administrator a
-11-
line fee and recovery fee exemption affidavit setting forth, in a
manner prescribed by the administrator, the location and value of
the property to be connected to the water line, the names of the
persons related to the owner and occupying the dwelling, their
gross combined income and their net combined financial worth. if
such applicant is under sixty-five (65) years of age, medical
certification or affidavits, as set forth in subsection (b)(2) of
this section shall also be filed with the administrator.
(d) Where the person claiming exemption conforms to the
standards and does not exceed the limitations contained in this
section, the line fee and recovery fee exemptions shall be as
shown in the following schedule:
Total income, all sources Exemption
s 00.00 - 9,000.00 100%
9,001.00 - 10,000.00 80%
10,001.00 - 11,000.00 60%
11,001.00 - 13,000.00 40%
13,001.00 - 15,000.00 20%
(e) If, within twelve (12) months after the line fee and
recovery fee exemption is obtained under this section, the
applicant's financial position should change so that its effect
would be to remove the person holding the exemption from within
the limits and standards of this section, then the person holding
the exemption shall refund the amount of the exemption to the
city.
(f) For purposes of this section, a person is permanently
and totally disabled if he is so certified as required in
subsection (b)(2) of this section and is found by the
administrator to be 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.
-12-
(g) Any person falsely claiming an exemption or violating
any provision of this section shall be guilty of a Class 1
misdemeanor.
Section 37-11. Same - For certain financially disadvantaged
persons generally.
(a) Exemption or partial exemption from payment of the
line fees prescribed by section 37-8 and the recovery fees
prescribed by section 37-7.1 is provided for certain financially
disadvantaged property owners who qualify under this section.
The exemption is to be administered by the city manager or his
authorized designee, herein referred to as the administrator.
The administrator 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 exemption.
The administrator may require the production of certified tax
returns and appraisal reports to establish income and financial
worth.
(b) Exemptions shall be granted under this section
subject to the following provisions:
(1) Title to the property for which the line fee
and recovery fee exemption is sought must be
held or partially held by the applicant at
least one hundred twenty (120) days prior to
the installation, or scheduled date of
installation, whichever comes first, of the
water line.
(2) The dwelling to be connected to the water line
must be the sole dwelling of the applicant
claiming the exemption.
(3) The total combined income of the owner and the
owner's relatives living in the household
during the year immediately preceding the
installation must be determined by the
-13-
administrator as not exceeding four thousand
dollars ($4,000.00).
(4) The net combined financial worth of the owner
shall not exceed twenty thousand dollars
($20,000.00), excluding the fair market value
of the house to be connected to the water
line. Net combined financial worth shall
include the value of all assets, including
equitable interests, of the owner and of the
spouse of the owner.
(c) Persons applying for line fee and recovery fee
exemptions under this section must file, with the administrator,
a line fee and recovery fee exemption affidavit setting forth, in
a manner prescribed by the administrator, the location and value
of the property to be connected to the line, the names of the
persons related to the owner and occupying the dwelling and their
gross combined income and their net combined financial worth.
(d) where the person claiming an exemption conforms to
the standards and does not exceed the limitations contained in
this section, the line fee and recovery fee exemptions shall be
as shown on the following schedule:
Total income, all sources Exemption
$ 00.00 - $2,000.00 100%
2,001.00 - 3,000.00 80%
3,001.00 - 4,000.00 60%
(e) If, within twelve (12) months after a line fee and
recovery fee exemption is obtained under this section, the
applicant's financial position should change so that its effect
would be to remove the person holding the exemption from within
the limits and standards of this section, then the person holding
the exemption shall refund the amount of the exemption of the
city.
(f) Any person falsely claiming an exemption or
violating any provisions of this section shall be guilty of a
Class 1 misdemeanor.
-14-
Section 37-12. Same - Same - Families in community development
target areas.
Where connection is made to the public water system
installed in a community development target area, no line fee or
recovery fee shall be due under this article from property owners
who qualify as low and moderate income as determined by the
Secretary of Housing and Urban Development or by the Virginia
Housing Development Authority under one or more of their rental
assistance or homeownership mortgage programs. Through agreement
with the city, waivers of line fees and recovery fees may also be
provided to builders who are building under the aforementioned
programs for low and moderate income families.
It is the intention of City Council that each separate
provision of these Ordinances shall be deemed independent of all
other provisions herein, and it is further the intention of City
Council that if any provision of these Ordinances be declared
invalid, all other provisions thereof remain valid and
enforceable.
An emergency is hereby declared to be in effect and these
Ordinances shall become effective immediately upon their adoption.
1986
Adopted this 6 day of January T505, by the
Council of the City of Virginia Beach, Virginia.
KJC/RMB/da - H - 12/11/85, 12/12/85, 1/5/86, 1/6/85
(IIB)
-15-
- 13 -
Item II-J
CONSENT AGENDA ITEM # 24742
Upon motion by Councilman Jennings, seconded by Councilman Fentress, City
Council APPROVED in ONE MOTION Items 1, 2, 3, 4, 5, 6, 7, 8, 9, 10 and 11.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones,
Robert G. Jones, Vice-Mayor Reba S. McClanan and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
J. Henry McCoy, Jr., D.D.S.
- 14 -
Item II-J-1
CONSENT AGENDA ITEM # 24743
Upon motion by Councilman Jennings, seconded by Councilman Fentress, City
Council ADOPTED:
Resolution in Recognition: Teresa Ann Eaton
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones,
Robert G. Jones, Vice-Mayor Reba S. McClanan and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
J. Henry McCoy, Jr., D.D.S.
-14a -
RESOLUTION IN RECOGNITION
TO
TERESA ANN EATON
WHEREAS: 4-H is the world's largest, dynamic, informal
development educational program for young people;
WHEREAS: The underlying objective of the Virginia Beach 4-H
program is the development of the individual person, their skills,
self-esteem, and self-worth;
WHEREAS: Teresa Ann Eaton has served as Urban 4-11 Technician and
a member of the City's Department of Agriculture staff with the primary
responsibility of recruiting adults and youth to establish new 4-H
Clubs in Virginia Beach. Prior to this, she served as the Virginia
Beach 4-H Program's Coordinator of Volunteer Support Services;
WHEREAS: She has been recognized for her outstanding volunteer
service to the Virginia Beach 4-H Program as organizational leader of
the Black Stallions 4-H Club in Carper Housing. She developed 4-H
recruitment flyers, posters and a Virginia Beach 4-H Resource Guide,
taught classes, wrote newsletter articles, served on curriculum
committees, camp volunteer, Dean of Women at State 4-H Intermediate
Congress and Vice-President of the Virginia Beach 4-H Volunteer Leaders
Association;
WHEREAS: While accomplishing these many services, she always
managed to be an Outstanding Municipal Employee, Volunteer, Friend,
Mother and Wife; and,
WHEREAS: Teresa Ann Eaton will be relocating to Texas with her
family while continuing to be a true Ambassador for the 4-H Program.
NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City
Council here assembled recognizes
TERESA ANN EATON
for her unselfish contributions to this City and do hereby wish the
Eaton family the very best in their move.
In behalf of the Virginia Beach City Council
Given under my hand and seal this
Twentieth day of December
Nineteen Hundred Eighty-Five.
Mayor
- 15 -
Item II-J-2
CONSENT AGENDA ITEM # 24744
Upon motion by Councilman Jennings, seconded by Councilman Fentress, City
Council ADOPTED:
Resolution In Memoriam: Sally A. Marcel
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones,
Robert G. Jones, Vice-Mayor Reba S. McClanan and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
J. Henry McCoy, Jr., D.D.S.
-15a -
RESOLUTION IN WHORIM
SALLY A. M"CEL
WHEREAS: The City was saddened by the death of Sally A. Marcel,
Assistant Registrar, on November 25, 1985;
WHEREAS: Sally Marcel served the City of Virginia Beach as
Assistant Registrar for twelve years at the Pembroke-Aragona Pharmacy
and assisted in registering more than 10,000 voters. She extended
herself for the citizens of this community by being available to the
voters on the hours appointed, issuing change of address forms and
making it possible for every resident to vote by being open from 9:00
AM to 5:00 PM on the day the books closed for registration for each
election. She was prompt in forwarding all registrations to the
General Registrar's Office, and making things easier at a very busy and
hectic time. All her many duties for the residents, were done in a
quiet demeanor, always helpful and with empathy, always available to
take that extra step that meant a person would be eligible to vote.
She was a credit to the City of Virginia Beach for she exemplified an
unselfish and unwavering devotion to help make this City a better place
to live; and,
WHEREAS: Mrs. Marcel was very active in the Memorial United
Methodist Church and had, at one time, been appointed as Chairman of
the Administrative Board. Although very busy with these activities,
she also made time to head the Pastoral Parish Relations Committee and
participated in the church choir. Her untiring service to both the
City of Virginina Beach and to her church and community, will only
endear her memory to all that have had the good fortune to meet and
work with her.
NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City
Council pauses in its deliberations this Sixth day of January, Nineteen
Hundred and Eighty-Six to recognize the many attributes of Sally A.
Marcel and share in the loss of this dedicated citizen with her husband
David and her daugbters Julie and Pattie.
In behalf of the Virginia Beach City Council,
Given under my hand and seal
this Sixth day of January
Nineteen Hundred Eighty-Six.
Mayor
- 16 -
Item II-J-3
CONSENT AGENDA ITEM # 24745
Upon motion by Councilman Jennings, seconded by Councilman Fentress, City
Council ADOPTED:
Ordinance to direct and authorize the City Manager to
execute an addendum to the Virginia Beach Arts Center,
Inc., lease
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones,
Robert G. Jones, Vice-Mayor Reba S. McClanan and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
J. Henry McCoy, Jr., D.D.S.
-16a -
AN ORDINANCE TO DIRECT AND AUTHORIZE
THE CITY MANAGER TO EXECUTE AN
ADDENDUM TO THE VIRGINIA BEACH ARTS
CENTER, INC., LEASE
WHEREAS, the City of Virginia Beach presently leases the
property owned at the southeast corner of the intersection of 18th
Street and Arctic Avenue, virginia Beach, Virginia, to Virginia
Beach Arts Center, Inc.; and
WHEREAS, the Virginia Beach Arts Center, Inc.,
hereinafter the "Arts Center," has requested the right to charge
for parking on the property for the purpose of generating funds
for the Arts Center; and
WHEREAS, City Council has no objection to the request,
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE
CITY OF VIRGINIA BEACH, VIRGINIA:
That the City Manager is directed and authorized to
execute an Addendum to the Lease between the City and the Arts
Center, allowing the Arts Center to charge for parking on the
leased premises, provided the proceeds are used for the Arts
Center.
Adopted this 6 day of Jnaaury 1986, by the
Council of the City of Virginia Beach, Virginia.
RJN/da
(5)
12/18/85
12/31/85
APPROVED AS.
SIG@4ATUR@.
D E P A,",
APPROVED A,,-@
THIS ADDENDUM dated this the day of -, 1985, by
and between THE CITY OF VIRGINIA BEACH, VIRGINIA, a municipal
corporation, hereinafter the "City," and VIRGINIA BEACH ARTS
CENTER, INC., a Virqinia corporation, hereinafter the "Arts
Center,"
W I T N E S S E T H
WHEREAS, the City and the Arts Center entered into a
Lease on April 13, 1979, for the followinq described property:
Described as Lots 14, 16, 18, and 20 of
Block 30 located at the southeast corner
of the intersection of 18th and Arctic
Avenue and described in Deed Book 251 at
Page 243 (formerly property known as
Public Works Building); and
WHEREAS, the Arts Center has recently requested
permission to utilize the parking lot located on the property as
a paid parking facility for persons visiting the beach and to
utilize the proceeds from such operation for the benefit of the
Arts Center; and
WHEREAS, the City has no objection to this request,
NOW, THEREFORE, in consideration of the following
mutual covenants and agreements, the adequacy of which is hereby
acknowledged, the parties hereto agree as follows:
1. That the Lease, dated April 13, 1979, by and
between the City and the Arts Center, be, and the same hereby is,
amended by adding the following paragraph:
13. The Arts Center may utilize the
parkinq lot on the above-described property
as a paid parkinq facility. The proceeds of
such activity are to be used by the Arts
Center for the purpose of defrayinq the costs
of its operation.
WITNESS the following signatures and seals:
CITY OF VIRGINIA BEACH
By--@it:F@an ger
ATTEST:
City Clerk VIRGINIA BEACH ARTS CENTER, INC.
By
Presiaent
ATT
TO CONTENTS
Nr
FORM
SIG'@4AIUkE
CITY ATTORNEY
-2-
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
I a Notary
Public in and for the City and State aforesaid, do hereby certify
that THOMAS H. MUEHLENBECK, City Manager, and RUTH HODGES SMITH,
City Clerk, for the CITY OF VIRGINIA BEACH, whose names as such
are signed to the foregoing Addendum, have acknowledged the same
before me in my City and State aforesaid.
GIVEN under my hand this day of
1985.
Notary Public
my Commission Expires:_
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
I, Edwin C. Kellam a Notary
Public in and for the City and State aforesaid, do hereby certify
that KA@At,Aj 0 ,5 /-* @ v-- ,, President, and t@. 15. )@,64A -to
Secretary, for VIRGINIA BEACH ARTS CENTER, INC., whose name as
such are signed to the foregoing Addendum, have acknowledged the
same before me in my City and State aforesaid.
GIVEN under my hand this /f day of J-a)vr-
1985.
Notary Publ
My Commission Expires:
6.1 - RJN/da - 5/31/85 -3-
- 17 -
Item II-J-4
CONSENT AGENDA ITEM # 24746
Upon motion by Councilman Jennings, seconded by Councilman Fentress, City
Council APPROVED:
Ordinance upon FIRST READING to accept and
appropriate $150,000 from the Commission of Game
and Inland Fisheries for the renovation of Owl
Creek Boat Ramp
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones,
Robert G. Jones, Vice-Mayor Reba S. McClanan and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
J. Henry McCoy, Jr., D.D.S.
Januar 6 1986
- 17a -
AN ORDINANCE TO ACCEPT AND APPROPRIATE
$150,000 FROM THE COMMISSION OF GAME
AND INLAND FISHERIES FOR THE
RENOVATION OF OWL CREEK BOAT RAMP
WHEREAS, city staff has been working with Lhe Commission
of Game and Inland Fisheries since 1981 to secure funding to
expand and renovate the Owl Creek Boat Ramp, and
WHEREAS, to expedite construction the Commission has
agreed to let the city administer the project with the Commissioii
to reimburse expenditures up to $150,000, and
WHEREAS, the cost of improvements to the Owl Creek Boat
Ramp is not expected to exceed $150,000.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE
CITY OF VIRGINIA BEACH, VIRGINIA that project #4-937 Owl Creek
Boat Ramp Renovations is hereby established as a capital project
with funds in the amount of $150,000 appropriated for this
project.
BE IT FURTHER ORDAINED that the appropriations be offset
by an increase of $150,000 in estimated revenues for expenditure
reimbursements from the Commission of Game and Inland Fisheries.
FIRST READING: Janaury 6, 1986
SECOND READING:
Adopted by the Council of the City of Virginia Beach, Virginia on
the day of 1986.
PWC 13/ORD5
- 18 -
Item II-J-5
CONSENT AGENDA ITEM # 24747
Upon motion by Councilman Jennings, seconded by Councilman Fentress, City
Council ADOPTED:
Ordinance upon SECOND READING to accept and
appropriate $20,000 from Chapel Hill Associates
for recreational facilities in the Jamestown
Subdivision
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones,
Robert G. Jones, Vice-Mayor Reba S. McClanan and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
J. Henry McCoy, Jr, D.D.S.
Janaur 6 1986
-18a -
AN ORDINANCE TO ACCEPT AND APPROPRIATE
$20,000 FROK CHAPEL HILL ASSOCIATES
FOR FTECREATIONAL FACILITIES
IN THE JAMESTOWN SUBDIVISION
WHEREAS, Chapel Hill Builders, the developer of Jamestown Townhouse
Subdivision, has agreed to dedicate a 1.2 acre site that would include a pool, and
WHEREAS, the developer has been maintaining the swiming pool for the
past nine years, and
WHEREAS, due to the expense involved in maintaining the pool, the deve-
loper wishes to discontinue the upkeep of the pool, and
WHEREAS, Chapel Hill will dedicate by deed to the City the recreational
site known and designated as Parcel B in Section 1 of Jamestown, and the City will
accept sam in full satisfaction of the recreational space requirements imposed
by the subdivision ordinance for the subdivision of Jamestown, and
WHEREAS, Chapel Hill will additionally pay $20,000 to the City to be
used by the City for the installation of such other recreational facilities on the
site that the City deems appropriate, and
WHEREAS, Chapel Hill will further post a $10,000 bond, which shall
remain posted for a period of two years from the date of agreement, which shall
be acceptable to the City in form and type for the purpose of offsetting legal
expenses, if any, that are incurced by the City in the event the City decides
to fill-in the existing swimming pool, and
WHEREAS, the City will expeditiously review and process the subdivision
plats for the remaining sections of Jamestoiin.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA that the City accepts and appropriates $20,000 from Chapel Hill,
and also accepts the $10,000 bond to be posted by same.
This ordinance shall be effective from the date of its adoption.
Adopted by the Council of the City of Virginia Seach, Virginia on the
6 January 1986
day of
FIRST READING: December 16, 1985
SECOND READING: January 6,-1986
PWC 13/ORD4
- 19 -
Item II-J-6
CONSENT AGENDA ITEM # 24748
Upon motion by Councilman Jennings, seconded by Councilman Fentress, City
Council APPROVED the APPOINTMENT OF VIEWERS:
Ordinance closing, vacating, and discontinuing a
portion of that certain street known as Ohio
Avenue, as shown upon that certain plat entitled,
.. plat showing a portion of Ohio Avenue to be
closed and vacated by the City of Virginia Beach,
Virginia"
The Viewers are:
Robert J. Scott Director of Planning
David Grochmal Director of General Services
C. Oral Lambert, Jr. Director of Public Works
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones,
Robert G. Jones, Vice-Mayor Reba S. McClanan and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Abse.-it:
J. Henry McCoy, Jr, D.D.S.
January 6, 1986
-19a -
IN THE MATTER OF CLOSING, VACATING AND DISCONTINUING A PORTION
OF THAT CERTAIN STREET KNOWN AS OHIO AVENUE, AS SHOWN UPON THAT
CERTAIN PLAT ENTITLED, "PLAT SHOWING A PORTION OF OHIO AVENUE TO
BE CLOSED AND VACATED BY THE CITY OF VIRGINIA BEACH, VIRGINIA,
KEMPSVILLE BOROUGH,,' WHICH PLAT IS ATTACHED HERETO.
PETITION
TO: THE MAYOR AND THE MEMBERS OF THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA
Your Petitioner, Princess Anne Mobile Homes
Incorporated, respectfully represents as follows:
1. That pursuant to the provisions of Section 15.1-364
of the 1950 Code of Virqinia, as amended, the Petitioner applies
for the vacatinq, closing, and discontinuance of a portion of
that certain street known as Ohio Avenue, which is more
specifically described as follows:
Beqinninq at a point on the Southern side of
Euclid Road (formerly Holland Swamp Road)
which point of beqinning is South 051 051
21" West 75.53 feet as measured alonq the
property line of the property now or
formerly Woodrow W. Ford, Jr., from Norfolk
Southern Corporation Right of Way and from
said point of beginning; running thence
South 051 051 21" West 254.34 feet to a
point; thence turning and running alonq the
arc of a circle the radius of which is 50
feet the delta of 411 241 35" the arc of
which is 36.14 feet the tangent of which is
18.90 feet the chord of which is 35.36 feet
to a point; thence continuing along the arc
of a circle the radius of which is 50 feet
the delta 2620 491 10" arc of 229.35 feet
the chord of which is 75.00 feet to a point;
thence continuinq along the arc of a circle
the radius of which is 50 feet the delta 411
241 35" the arc of 36.14 feet the tanqent of
18.90 feet and the chord of 35.36 feet to a
point; thence runninq North 050 051 211 East
254.34 feet to the northern property line of
KELLAM, Princess Anne Mobile Homes Incorporated;
PICKRELL thence turninq and runninq North 840 541 391
& LAWLER west 50 feet more or less to the point of
.@OR.EYS T @W beqinninq.
NORFOLK, VA.
Said parcel of land being a portion of Ohio Avenue, as
@ILE
indicated on that certain plat entitled, 'Plat Showing A Portion
- 19b -
Of Ohio Avenue, to be closed and vacated by the City of Virginia
Beach, Virginia", which plat is attached hereto and made a part
hereof and intended to be recorded with the Ordinance closing
the aforedescribed street.
2. That no inconvenience will result to any persons by
reason of said closing, vacation, and discontinuance of said
street; and the Petition prays that this Honorable Council
appoint viewers as provided by law to view said platted street
proposed to be closed and to report in writing to the Council on
or before the day of , 1985, as to whether in
the opinion of said Viewers, what inconvenience, if any, would
result from the discontinuance and closing of this portion of
said street, as herein reported and described.
3. That on the day of 1985, notice
of the presenting of this application was published in the
Virginia Beach Sun, a newspaper of general circulation in the
City of Virqinia Beach, Virginia.
4. That the fee simple owners of all land along and
adjacent to and affected by said portion of the platted street
have been notified in accordance with ordinance.
Respectfully submitted,
PRINCESS ANNE MOBILE HOMES
INCORPORATED
KELLAM, By:
@ Counsel
PICKRELL 0
& LAWLER
A@O..El. A@ L-
NORFOLK. VA. KELLAM, PICKRELL & LAWLER
(Edwin C. Kellam)
1020 First American Bank Buildinq
300 Main Street
Norfolk, Virqinia 23510
- 19C -
ORDINANCE APPOINTING VIEWERS
WHEREAS, PrincesS Anne mobile Homes Incorporated has qiven
due and proper notice, in accordance with the statutes for such
cases made and provided that he will on the 6th day
of January , 1986, apply to the City Council of the City of
virginia Beach, virginia, for the appointment of Viewers to view
the below-described property and report in writing to the
Council whether, in the opinion of said Viewers, any, and if
any, what inconvenience would result from the discontinuance of
the hereinafter described portion of that certain road of
variable width, and has filed such application with said Council.
NOW, THEREFORE, be it ORDAINED by the Council of the City
of Virginia Beach, Virginia:
THAT- Robert .7- q,,tt
David G. Grochmal and
C. Oral Lambert, Jr. are hereby
appointed to view the below described property and report in
writing to the Council, as soon as possible, whether in their
opinion, any, and if any, what inconvenience would result in the
discontinuing and vacating of a portion of that certain street
of 50 feet in width located in the City of Virginia Beach,
Virqinia, known as Ohio Avenue and more particularly described
as follows:
KELLAM, Beqinning at a point on the Southern side of
PICKRELL Euclid Road (formerly Holland Swamp Road)
& LAWLER which point of beginning is South 051 051
A-0.@EYS - @W 21' West 75.53 feet as measured alonq the
NORFOLK, VA, property line of the property now or
@IL. -.
- 19d -
formerly Woodrow W. Ford, Jr., from Norfolk
Southern Corporation Right of Way and from
said point of beginning; running thence
south 051 051 211 West 254.34 feet to a
point; thence turning and running alonq the
arc of a circle the radius of which is 50
feet the delta of 41- 24, 35- the arc of
which is 36.14 feet the tangent of which is
18.90 feet the chord of which is 35.36 feet
to a point; thence continuing along the arc
of a circle the radius of which is 50 feet
the delta 262@ 49' 10- arc of 229.35 feet
the chord of which is 75.00 feet to a point;
thence continuing along the arc of a circle
the radius of which is 50 feet the delta 41*
241 35' the arc of 36.14 feet the tangent of
18.90 feet and the chord of 35.36 feet to a
point; thence runninq North 05@ 05' 21" East
254.34 feet to the northern property line of
Princess Anne Mobile Homes Incorporated;
thence turninq and running North 84* 54' 39"
west 50 feet more or less to the point of
beginning.
All the above as shown upon that certain plat entitled,
'Plat Showing A Portion Of Ohio Avenue To Be Closed And Vacated
By The City of Virginia Beach, Virginia,,, which plat is attached
hereto and made a part hereof and intended to be recorded with
the ordinance closinq the aforedescribed street.
APPRC\;'-
KELLAM,
PICKRELL
& LAWLER
A-...IS T @W
NORFOLK. VA.
ADOTPED: Janaury 6, 1986
- 20 -
Item II-J-7
CONSENT AGENDA ITEM # 24749
Upon motion by Councilman Jennings, seconded by Councilman Fentress, City
Council APPROVED:
LOW BID of Hydro Corporation in the amount of
$148,884 for the Potters Sand Fence - Atlantic
Ocean Underwater Obstruction Removal - CIP 2-826;
and, to authorize the City Manager to negotiate
the necessary documents
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor liarold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones,
Robert G. Jones, Vice-Mayor Reba S. McClanan and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
J. Henry McCoy, Jr., D.D.S.
January 6, 1986
- 21 -
Item II-J-8
CONSENT AGENDA ITEM # 24750
Upon motion by Councilman Jennings, seconded by Councilman Fentress, City
Council APPROVED:
LOW BID of Luke Coltstruction Co., Inc. in the
amount of $327,267.90 for the Resort Area Advisory
Commission Demonstration Project - Boardwalk
Overlooks, 13th Street, 14th Street and 20th
Street - CIP 3-962; and, to authorize the City
Manager to negotiate the necessary documents
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones,
Robert G. Jones, Vice-Mayor Reba S. McClanan and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
J. Henry McCoy, Jr., D.D.S.
- 22 -
Item II-J-9
CONSENT AGENDA ITEM # 24751
Upon motion by Councilman Jennings, seconded by Councilman Fentress, City
Council APPROVED:
BINGO/RAFFLE PERMITS
Sandbridge Fire Brigade, Inc. Bingo
Virginia Bear-h Association of Gifted and Talented Raffle
Filipino Women's Club of Tidewater, Inc. Bingo/Raffle
Marcbing Cavaliers Parents Association Bingo/Raffle
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones,
Robert G. Jones, Vice-Mayor Reba S. McClanan and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
J. Henry McCoy, Jr., D.D.S.
- 23 -
Item II-J-10
CONSENT AGENDA ITEM # 24752
Upon motion by Councilman Jennings, seconded by Councilman Fentress, City
Council ADOPTED the Ordinance authorizing tax refunds in the amount of
$3,215.54 upon application of certain persons and upon certification of the
City Treasurer for payment.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones,
Robert G. Jones, Vice-Mayor Reba S. McClanan and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
J. Henry McCoy, Jr., D.D.S.
Janaury 6, 1986
23a -
121201186 EMC
AN ORDINANCE AUTHORIZING TAX REFUNDS
UPON APPLICATION OF CERTAIN PERSONS
AND UPON CERTIFICATION OF THE TREASURER
FOR PAYMENT
L3E IT OHDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
1-ilat tlie toil,)Wiilg applications for tax rctuiids upo(i certitication of the Treasurer are hereby Ipproved:
NAME Tax Tyf)e Ticket Exonera- Date Penalty tit. Total
Year of Tax Nuinber tion No. Paid
J Cdlvitt & Mary J Clarke 85 RE(]/2) 17354-4 12/5/84 2.16
J Cdlvitt & Mary J Clarke 85 RE(2/2) 17354-4 6/5/85 2.16
Keiiipsville Lake #1 86 RE(1/2) 52806-4 10/21/85 853.20
Atlant-ic Periijariert S & L 85 RE(1/2) 6313-7 12/5/84 74.53
Atldntic Periiidilent S & L 85 RE(2/2) 6313-7 6/5/85 74.53
Hugo A & Helen W Owens 85 RE(]/2) 69375-0 12/5/84 237.30
Sally t,! Ilerot 84 RE(1/2) 68007-9 11/4/83 88.77
Sally M Perot 84 RE(2/2) 68007-9 5/16/84 88.77
Sdlly M Perot 85 RE(1/2) 71680-6 11/7/84 140.00
Walter L Kii@sey 85 pp 88875-4 46577 6/5/85 236.28
Wdlte@- L @,iiisey 85 pp 88876-3 46578 6/5/85 282.78
Ddvid A Cool 85 pp 186420-5 46724 11/13/85 15.00
Duncari K buchanan 85 pp 21244-9 46759 6/5/85 27.00
Lewis Mi@ou 85 pp 108149-0 46817 6/5/85 17.70
Kathy A Van Schoyck 85 pp 162654-4 46806 8/21/8'D 119.96
Tid(,@ater Medical Rentals 85 pp 158397-4 46856 5/28/85 119.40
Fredet-ick Del,ouctie 85 pp 41947-7 46864 6/5/85 94.50
Williciiii H Luelld MJuliari 85 pp 85360-2 46853 6/5/85 69.00
Edwot,d 8 I-evitt 85 pp 95524-2 11/30/85 32.36
Edwdv,d B Levitt 85 pp 95525-3 11/22/85 11.06
Wilderriess Hot lub Inc 84 pp 204834-7 46872 11/21/84 559.08
Joti(iiiie k Flo@iers Jr 85 pp 53584-0 46895 6/5/85 30.00
T@iof[tas C @-et-g@son 85 pp 51798-6 46918 6/3/85 30.00
De,iri C @4ii-,slow N/A Pkrig 85711 11/12/85 10.00
Total 3,215.54
flil, ordif@ ril;e @hill be effective frc)ni date, of adoption.
The Libove abatement(s) totaiiiig Certified as to payment,
$3,215.54 wc-re approvld by
t@l@ C LIIIC@L of ttiu (,ity of Virgiiiia
be,acli on thc day ot Janaury.,1986
,6
Johii T. Atkinsoll /re
Approved as t@, forun-.
Rutri H@)ag,3s Smith
C,,ty CI,2rk
@/L) ity Attoriiey
- 24 -
Item II-J-11
CONSENT AGENDA ITEM # 24753
Upon motion by Councilman Jennings, seconded by Councilman Fentress, City
Council ADOPTED the Ordinance authorizing license refunds in the amount of
$5,135.91 upon application of certain persons and upon certification of the
Commissioner of Revenue.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones,
Robert G. Jones, Vice-Mayor Reba S. McClanan and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
J. Henry McCoy, Jr., D.D.S.
24a -
AN ORDINANCE ALJTHORIZING LICENSE REFLiND,,i
L)PON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATIC)N (DF THE CC)MMISSIONER
OF THE REVENUE
bt I f ORDAlf-4ED BY THE COUNCIL OF THE CITY C)F VIRGINIA BEACfi, Vlfi INIA,
tlie lollowing applicatioris toi, lj"liis, refunds, LiPO(i certiticatio,i of t@l, @)i tlie,
li@i@by ipproveu:
NAME L icei)se Date Base Peridity l,it. I-otal
Year Paid
C@r,c)@ji LvAyi@, I itc.
1532 S,', Ill l@()ad
Cheszipeake, VA 23323 1985 Audit 30.13
C fers Iiic. c)f Va. Beach
142 t@lest Oln@v Ro@id
l@orfolk, VA 23510 1985 Audit 593.35
Coi!@Q!@;,@, iLan D., (,tdl
T/A @lotc_,l
C@O AL@SA @'nt@rprises
stre(-@t
V@. l@each, VA 23451 1984/85 Audit 816.28 5,1@,.2P
Certified as to Paymeiit@
)d n
c
Approv(,d as to forni:
L
on
l@nis u@dinaiic(@ shall be effective froni date of Attorney
adopiio[i@
The @bov, totalifig $ l@, 4391. 76 were appfoved by tlic,, Couiicil
o@ itio City uf Virgin.a Buicii oti tlie 6 (1@iy al Janaury ,g 86
Rutri Hc)dyus SrTiitti
City CI,1/2ik
Janaury 6, 1986
24b
AN ORDINANCE AUTHORIZINC, LICENSE REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF THE REVENUE
BE !T -UfiL)AINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA@
Ttiat tkie toliowjiig itpplicatiolis tor liceri6e r,-,furids, upoii certification ot tiic-, Cofiiinjssicil,,,, C)t the,
R@veiiue afv hei@by appruved:
NAiviE Liceiise Date Base Peiial ty I tit Tot@i
Year Paid
Pc)tt(@i-, Jo@in M.
T/I@. li(@,icti 1.@istributors Auto Parts
1828 Ro.(i
VirqiiliL@ Bk2acil, VA 23454 1985 Audit 8 3 3 4 q@.34
Rose's St.ofes, Inc.
'I'/'A l@c)s(@,s f,,113
P. 0. Drawer 947
Eic,ndersoii, NC 27536 1985 Audit 2,916.00 2,916.00
Nlu@,liroorn @'arms, Inc.
clo I E. Jones
13',-) RoLid
V,I. V.@@ 2 3 4 5 4 1984/85 Audit 6 0 2 . 8 7 6 0
Certified as to Payrrietit:
x @laucthan
Cominissioner ot Revenue
Approved as to foriii
This urairiaitc@ shall Le effective from (Jate of C ity Attortiey
acopiloil.
Tht! a@@e auatemeiit(s) totalifig -$3 602. 21 were appruvc,@d by the Couficil
of trie City ot Virgiiiia Beach on tlie 6 day of January 6 86
Rutti lluagus Stiiith
City Cl@rK
6 Janaury 1986
,.4c -
AN ORDINANCE AUTHORIZING LICENSE REFUNDS
UPON APPLICATION OF CERTAIN PERSONS ANL)
UPON CERTIFICATION OF THE COMMISSIONER
OF THE REVENUE
tIE IT ORDAINED BY THE COUNCIL OF TiiE CITY OF VIRGINIA BEACH, Vlfic,(NIA
-1 riit it-.e following applicdtion,5 tor lict@iise refunds, upon cg,(titicalioii of tti CC)II1111;@ll;lc;14,@l ot th@
Hevui,u@ ai@ iiereby appf,)ved:
NAME Liceiise Date Base Penalty !Fit -1 otal
Year Paid
li@)ward R., Ji@.
Sui,st-,inc@ Carpet Clearicrs
495-1 W. (@fc)v(, l@o@id
V,i. VA 23455 1982/84 Audit 72.10 72.10
Surf & Ski Shop, Ilic.
Drive
V,i. VA 2 3 4 6 2 19811 Audit 21.2,1 -@]@21
Certified as to Pay'lleti@:
han
Approvud as to foriii
Date Bim
s@iall L)E: Effective Irofn date of ity Attoriiey
,Acic)ption.
rll,3,boVUabatellieiit(s) totalifig $93.94 were appioved by the Council
01 ill, cliy @l Vilgiiiia bc- cli Oil tlie 6 clay of January 86
Rutr@ iiodgus Sniitti
City Clurk
janaury 6, 1986
- 25 -
Item II-K.1
APPOINTMENTS ITEM # 24754
Upon NOMINATION by Councilman Fentress, City Council REAPPOINTED to the
ADVERTISING SELECTION COMMITTEE for a two (2) year term beginning November
1, 1986 and ending December 31, 1987:
A. James DeBellis (Staff)
Robert E. Fentress (Council)
Lynn Fisher (Citizen At Large)
Dan Kensil (Citizen)
Melvin Koch (Citizen)
Pamela Lingle (Staff)
Harry B. Price, Jr. (Citizen)
Michael Savvides (Citizen)
AND, APPOINTED for a term of two (2) years from November 1, 1986 to
December 31, 1987:
David W. Pender, III (Citizen)
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R.
Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry
McCoy, Jr., D.D.S. and Meyera E. Oberndorf
Council Members Voting Nay:
None
January 6, 1986
Council Members Absent:
None
*Verbal Vote
- 26 -
Item II-K.2
APPOINTMENTS ITEM # 24755
Upon NOMINATION by Councilman Fentress, City Council APPOINTED Robert L.
Yoder to the BOARD OF BUILDING CODE APPEALS for a four (4) year term from
January 1, 1986 to December 31, 1989.
Voting: 11-0 *
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R.
Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry
McCoy, Jr., D.D.S. and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
*Verbal Vote
Janaury 6, 1986
- 27 -
Item II-K.3
APPOINTMENTS ITEM # 24756
Upon NOMINATION by Councilman Jennings, City Council REAPPOINTED to the
00@ITY SERVICES BOARD for three (3) year terms from January 1, 1986, to
December 31, 1988:
Joan Chebetar
Nancy L. Clark
William 0. Halteman
Madelyn Richardson
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R.
Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry
McCoy, Jr., D.D.S. and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
*Verbal Vote
- 28 -
Item II-K.4
ITEM # 24757
APPOINTMENTS
Upon NOMINATION by Councilwoman Oberndorf, City Council APPOINTED to the
DEVELOPMENT AUTHORITY Clinton W. Shanks to complete the unexpired term of
Delegate-Elect Harry R. Purkey to August 31, 1987.
Voting: 11-0 *
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R.
Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry
McCoy, Jr., D.D.S. and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
*Verbal Vote
- 29 -
Item II-K.5
APPOINTMENTS ITEM # 24758
Upon NOMINATION by Councilman McCoy, City Council REAPPOINTED to the
FRANCES LAND HOUSE BOARD OF GOVERNORS for three (3) year terms from January
1, 1986, to December 31, 1988:
James N. Fletcher
Donald Fraser
Janet Werndli
AND, APPOINTED for a three (3) year term from January 1, 1986, to December
31, 1988:
Richard E. R. Rumble
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R.
Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry
McCoy, Jr., D.D.S. and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
*Verbal Vote
- 30 -
Item II-K.6
APPOINTMENTS ITEM # 24759
Upon NOMINATION by Councilman Baum, City Council REAPPOINTED to the
PLANNING COMMISSION for four (4) year terms from January 1, 1986, to
December 31, 1989:
Thomas M. Ammons, III (At Large)
Albert W. Balko (At Large)
AND, APPOINTED for four (4) year terms from January 1, 1986, to December
31, 1989:
Donald H. Horsley (Blackwater Borough)
Bryan Evans, Jr. (Princess Anne Borough)
In compliance with City Council's Ordinance adopted July 1, 1985, (Item No.
23867), City Council designated:
Charles L. Krummel as the Lynnhaven Borough
Representative.
Voting: 11-0*
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R.
Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry
McCoy, Jr., D.D.S. and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
*Verbal vote Janaur 6 1986
- 31 -
Item II-K.7
APPOINTMENTS ITEM # 24760
Upon NOMINATION by Councilwoman Henley, City Council REAPPOINTED to the
BOARD OF PLUMBINC AND MECHANICAL APPEALS for two (2) year terms from
January 1, 1986, to December 31, 1987:
William L. Hendricks Level II Mechanical Worker
Donald D. Jones, Jr. Master Plumber
Davin V. White, Jr. Building Contractor
AND, APPOINTED for a two year term from January 1, 1986 to December 31,
1987:
Arnold 1. Rosenberg Professional Engineer
Voting: 11-0*
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jenniugs, Jr., Louis R.
Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry
McCoy, Jr., D.D.S. and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
*Verbal Vote
- 32 -
Item II-K.8
APPOINTMENTS ITEM # 24761
Upon NOMINATION by Vice Mayor McClanan, City Council APPOINTED to the
RESORT ARKA ADVISORY COMMISSION:
Robert Vakos
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis
R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J.
Henry McCoy, Jr., D.D.S. and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
*Verbal Vote
- 33 -
Item II-K.9
APPOINTMENTS ITEM # 24762
Upon NOMINATION by Councilwoman Creech, City Council REAPPOINTED to the
SCHOOL BOARD for three (3) year terms from January 1, 1986 to December 31,
1988:
B. G. Campbell (Kempsville Borough)
Andrew W. Ege, Jr. (At Large)
AND, "POINTED for three (3) year terms from January 1, 1986, to December
31, 1988:
Floyd Taylor (Pungo Borough)
Ulysses Spiva (At Large)
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R.
Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry
McCoy, Jr., D.D.S. and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
*Verbal vote
- 34 -
Item II-K.10
APPOINTMENTS ITEM # 24763
Upon NOMINATION by Councilman Robert Jones, City Council REAPPOINTED to the
SOUTHEASTEP,N VIRGINIA AREAWIDE MODEL PROGRAM (SEVAMP) for a four (4) year
term from January 1, 1986, to December 31, 1989:
J. Roy Alphin
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R.
Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry
McCoy, Jr., D.D.S. and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
*Verbal vote
January 6, 1986
- 35 -
Item II-K.11
APPOINTMENTS ITEM # 24764
Upon NOMINATION by Councilman Fentress, City Council APPOINTED to the
TIDEWATER COMMITY COLLEGE BOARD for an extended four (4) year term
ending June 30, 1990:
William Moosha
Voting: ii-o*
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis
R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J.
Henry McCoy, Jr., D.D.S. and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
*Verbal Vote
- 36 -
Item II-K.12
APPOINTMENTS ITEM # 24765
Upon NONINATION by Councilman Louis Jones, City Council REAPPOINTED to the
TIDEWATER STADIUM AUTHORITY for a three (3) year term from January 1, 1986,
to December 31, 1988:
Allan N. Rothenberg
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R.
Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry
McCoy, Jr., D.D.S. and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
*Verbal Vote
- 37 -
Item II-K.13
APPOINTMENTS ITEM # 24766
Upon NOMINATION by Councilwoman Oberndorf, City Council APPOINTED to the
VIRGINIA BEACH CO@ITY DEVELOPMENT CORPOR.ATION:
Four (4) year terms from January 1, 1986, to December 31, 1989:
Wylie Cooke
Charles M. Reynolds
Mason Moton
Three (3) year terms from January 1, 1986, to December 31, 1988:
James Lindsey
John E. Boon, Sr.
Two (2) year terms from January 1, 1986, to December 31, 1987:
Dorcas Helfant
John Perry
Ronald Proctor (EX OFFICIO)
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R.
Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry
McCoy, Jr., D.D.S. and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
*Verbal Vote
- 38 -
Item II-K.14
APPOINTMENTS ITEM # 24767
Upon NOMINATION by Councilman Jennings, City Council REAPPOINTED to the
VOLUNTEER COUNCIL for a one (1) year term from January 1, 1986, to December
31, 1986:
Marnie Morgan, Coordinator
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R.
Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry
McCoy, Jr., D.D.S. and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
*Verbal Vote
January 6, 1986
- 39 -
Item II-K.15
APPOINTMENTS ITEM # 24768
City Council CONFIRMED for the record the Virginia Beach Circuit Court's
REAPPOINTMENT to the BOARD OF ZONING APPEALS for a five (5) year term from
January 1, 1986, to December 31, 1990:
William B. Smith
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R.
Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry
McCoy, Jr., D.D.S. and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
*Verbal vote
JanuarY 6, 1986
- 40 -
Item II-L.1
UNFINISHED BUSINESS ITEM # 24769
Upon motion by Councilman Baum, seconded by Councilman Fentress, City
Council RESCHEDULED the City Council Meeting of February 17, 1986, to
Tuesday, February 18, 1986.
Voting: 10-1
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R.
Jones, Robert G. Jones, Vice Mayor Reba S. McClanan and Meyera E.
Oberndorf
Council Members Voting Nay:
J. Henry McCoy, Jr., D.D.S.
Council Members Absent:
None
- 41 -
Item II-L.1 a.
UNFINISHED BUSINESS ITEM # 24770
ADD-ON
Councilwoman Henley referenced the LYNNHAVEN RIVER WATER QUALITY TASK FORCE
REPORT distributed to City Council on December 16, 1985, by Darrell Hughes.
Councilman Jennings requested same be placed on a forthcoming AGENDA.
BY CONSENSUS, City Council SCHEDULED this pending matter for discussion and
consideration at the City Council Meeting of January 21, 1986.
The City Clerk will request Darrell Hughes, Chairman of the Lynnhaven River
Quality Task Force and Jack Whitney, Chief of Comprehensive Planning, be
present.
- 42 -
Item II-L.2
UNFINISHED BUSINESS ITEM # 24771
ADD-ON
Councilman Fentress referenced the study and recommendations concerning the
adjustment of PERSONAL PROPERTY TAXES on large boats.
Councilwoman Henley further expressed concern relative assessment of cars.
The Commissioner of Revenue had referenced addressing both these issues.
The Mayor advised he will arrange a schedule with the Commissioner of
Revenue for further consideration of PERSONAL PROPERTY TAXES on a
forthcoming AGENDA.
- 43 -
Item II-L.3
UNFINISHED BUSINESS ITEM # 24772
ADD-ON
Councilman Jennings presented a Resolution for Council's consideration and
requested same be placed on their AGENDA of January 13, 1986:
RESOLUTION DIRECTING THE CITY 14ANAGER AND THE
CITY ATTORNEY TO INVESTIGATE AND TO REPORT TO THE
CITY COUNCIL THEIR FINDINGS CONCERNING THE MANNER
AND METHOD OF DISPOSING OF THE CITY RIGHT-OF-WAY
ACQUIRED FOR OLD DONATION PARKWAY.
Councilman Jennings' letter and Ordinance are hereby made a part of the
proceedings.
The Mayor advised after the issue of the MASTER STREET AND HIGHWAY PLAN is
ADOPTED, and if the OLD DONATION PARKWAY has been deleted from this PLAN,
than this RESOLUTION should be considered.
Councilman Baum, with further reference to this item, requested Staff
provide Council with information concerning the identification of
easements, both highway and drainage.
-43a -
.. ....... .... ........
January 3, 1986
The Honorable Mayor
Members of City Council
RE: Old Donation Parkway
Iii view of the consultant's recent verbal agreement that
Old Donation Parkway will not be included in their recommenda-
tion for the Master Street and Highway Plan and in consideration
of the numerous letters of appeal from citizens in the area who
are opposed to the consideration of Old Donation Parkway, I am
att4ching hereto a proposed Resolution for your consideration.
I respectfully request that City Council make this recommeiidation
a part of the City Council Agenda of January 13, 1986.
gs
gh Council
HJJ/bc
Enclosure
vbj
-43b -
A RESOLUTION DIRECTING THE CITY MANAGER AND
THE CITY ATTORNEY TO INVESTIGATE AND TO
REPORT TO THE CITY COUNCIL THEIR FINDINGS
CONCERNING THE f4ANNER AND METHOD OF DISPOSING
OF THE Cl'rY RIGHT-OF-WAY ACQUIRED FOR
OLD DONATION PARKWAY
WHEREAS, in planning for Old Donation Parkway, the City
of Virginia Beach has acquired right-of-way for the proposed
roadway, and
WHEREAS, the City Council is of the opinion that the
construction of Old Donation Parkway is neither advisable nor
desirable, and that the said parkway should not be constructed,
and
WHEREAS, the City Council is of the opinion that the
right-of-way which has been acquired for Old Donation Parkway
should be disposed of in a manner most advantageous to the City
of Virginia Beach, and
WHEREAS, full consideration should be given to
disposing of the property of said right-of-way to contiguous
adjacent property owners with the understanding that these will
be nonbuildable parcels either through variance or any other
ineans, and
WHEREAS, prior to taking any action to dispose of the
said right-of-way, the City Council desires that the City Manager
and the City Attorney investigate and report to the City Council
their findings concerning the manner and method in which the sai,i
right-of-way should be disposed of, consistent with law.
NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE
CITY OF VIRGINIA BEACH, VIRGINIA
That the City Manager and the City Attorney are hereby
directed to investigate and to report to the City Council their
findings concerning the manner and method which the City Council
should follow in disposing of the right-of-way which has been
dcquired for Old Donation Parkway.
Adopted by a majority of the Council of the City of
Virginia Beach on the day of 1986.
GLF/ih/rab
01/03/86
(5)
- 44 -
Item II-L.4
UNFINISHED BUSINESS ITEM # 24773
ADD-ON
Councilman Baum inquired as to when the City Staff will report concerning
the EROSION AND SEDIMENTATION CONTROL ORDINANCE and the MMINATION OF
SLOPES.
The City Manager will schedule same.
- 45 -
Item II-M.1
INTERIM FINANCIAL STATEMENTS ITEM 24774
The INTERIM FINANCIIAL STATEMENTS JULY I THROUGH NOVEMBER 30, 1985 were
distributed to City Council.
This Report, which the City Manager advised was most positive, is hereby
made a part of the record.
Item II-M.2
NEW BUSINESS ITEM # 24775
The ANNUAL FINANCIAL AND COMPLIANCE REPORT - FOR FISCAL YEAR ENDED JUNE 30,
1985 was distributed to City Council.
This Report is bereby made a part of the record.
Giles Dodd, Assistant to the City Manager for Administration, advised the
United States Office of Management and Budget requires we have a Compliance
Audit Report for any Federal Grants the City receives. Same has been
incorporated into the City's Annual Financial Statement.
Mr. Dodd referenced page 55 of said report notes TOTAL FEDERAL ASSISTANCE -
$27,261,639. This does not include any Federal money that might have been
used in Highway Construction by the State Department of Highways.
Councilwoman Oberndorf inquired as to the duplication of services between
the School Board and City Council.
Mr. Dodd advised a new payroll system is being developed by the Schools
which will be implemented shortly.
- 46 -
Item II-N.
RECESS INTO ITEM # 24776
EXECUTIVE SESSION
In accordance with Section 2.1-344, Code of Virginia, as amended, and upon
motion by Councilman Baum, seconded by Councilman Fentress, City Council
voted to RECESS INTO EXECUTIVE SESSION for discussion of Personnel Matters,
Publicly Held Property and Legal Matters, after which to RECONVENE and then
ADJOURN (4:20 P.M.)
1. PERSONNEL MATTERS: Discussion or consideration of employment,
assignment, appointment, promotion, performance, demotion,
salaries, disciplining or resignation of public officers,
appointees or employees.
2. PUBLICLY HELD PROPERTY: Discussion or consideration of the
condition, acquisition or use of real property 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.
3. LEGAL MATTERS: Consultation with legal counsel or briefings by
sta f members, consultants or attorneys, pertaining to actual or
potential litigation, or other legal matters within the
jurisdiction of the public body.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R.
Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry
McCoy, Jr., D.D.S. and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
- 47 -
Item II-N.1
RECONVENE ITEM # 24777
Upon motion by Councilwoman Creech, seconded by Councilman McCoy, the Mayor
RECO@ the Regular Session of the City Council on January 6, 1986, at
6:10 P.M.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R.
Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry
McCoy, Jr., D.D.S. and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
Janaur 6 1986
- 48 -
Item II-N.2
ADD-ON ITEM # 24778
LITTLE NECK BIKE TRAIL
Letter from Susan Driskel dated January 5, 1986, and petitions signed by
the occupants of the Sea Breeze Farm area requesting the proposed Little
Neck Bike Trail be terminated at the entrance to Redwood Farms, are hereby
made a part of the record.
Upon motion by Councilman Jennings, seconded by Councilman Baum, City
Council APPROVED:
Phase 2 of Little Neck Bike Trail shall be
constructed from its terminus now from Middle
Plantation on to the northwest just below the
point that the road widens below Redwood Farm and
that be the extent of Phase 2; AND, the Staff
shall be authorized to get back with the
Contractor and renegotiate the contract downward
to reflect the reduced length of the Bike Trial.
Phase 3 shall be considered at a later time by
this Council.
Voting: 11-0 *
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R.
Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry
McCoy, Jr., D.D.S. and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
January 6, 1986
- 49 -
Item 11-0.1
ADJOURNMENT ITEM # 24779
BY ACCLAMATION, City Council ADJOURNED the meeting at 6:15 P.M.
Beverly'O. Hooks
Chief Deputy City Clerk
Ruth Hodgds Smith, CM@
City Clerk
City of Virginia Beach
Virginia