NOVEMBER 7, 1983 MINUTES
Cit@ cDf @ijrwirai@
"WORLD'S LARGEST RESORT CITY"
CITY COUNCIL
MAYOR LQIIIS R. ]ONES, B.y@,d@ B.,,,.gh
VICE-MAYOR BARBARA M. HENLEY. P..g. 8 .... gb
JOII,N A. BA(JM, B.-.gb
NANCY A. CREECII, A, L.,g.
IIAROLD IIFISCIIOBER, At L.,g,
If. JACK JENNINGS. JR., l,y..b.... B.-.gb
ROMERT G. ]ONES. At L.,g@
W. 11. KITCIIIN. 111, Vig,@,@ @-lb
REBA @. M,(@LANAN, A@@@ B.,..gb 212 CITY HALL BUILDING
1. IFENRY 61,COY. JR., n.,@.gb MIINICIPAL CENTER
MEYERA F. OBERNDORF. At L.,g, VIRGINIA BEACH, VIRGINIA 23456
RI)TH HOD(;ES SMITli. CMC. City Cl,lk (804) 427-4 301
CITY COUNCIL AGENDA
November 7, 1983
Briefings: 11:00 a.m-
1. PD-H 2 and P-1 OVerlays: Presentations by
Mr. Robert J. Scott, Director of Department
of Planning.
2. @ inage F@s: PresentatiOn by Mr. C. Oral
Lambert, Jr., Director of Department of Public
Works
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 fo-r discussion by Council.
E. CITY MANAGER'S ADMINISTRATIVE ITEMS
1. Presentation by Hamp_ton Roads S_anitation District regarding
their Development- Plan.
2. Discussion of Proposals for 1984 Legislative Package.
3. Review of Consent Agenda.
ITEM 11. FORMAL SESSION: 2:00 p.m.
A. INVOCATION: Reverend Ernest Lewis
Pastor
First Church of the Nazarene
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 October 24, 1983.
E. AWARDS:
1. United Way Ceremony.
F. PRESENTATIONS:
1. Resolution of Appreciation to Members of the Mayor's Air
Cushion Vehicle Advisory Committee. (Resolution adopted
October 24, 1983.)
2. Resolution of Appreciation: W. S. Fenner, Retiring Chairman,
Personnel Board
G. PUBLIC REARING:
1. Proposed Budget Increase to accept and appropriate additional
funds of $2,000 for the Clean Community System Program.
2. Proposed Budget Increase to accept and appropriate funds from
the Southeastern Virginia Areawide Model Program (SEVAMP).
3. Proposed Budget Increase to appropriate funds of $14,777 and
transfer funds of $16,917 to Emergency Medical Services for
Communication Improvements.
4. Proposed Budget Increase to accept and appropriate a Grant for
$5,400 from the Virginia Department of Transportation Safety.
5. Proposed Budget Increase to appropriate funds of $10,000 to the
Pendleton Child Service Center for additional supplies, equip-
ment and alterations.
H. RESOLUTION:
1. Resolution requesting the Suffolk Redevelopment and Housing
Authority issue its Bonds for construction of a Garden Apart-
ment Project by AUBURN ASSOCIATES.
ITEM 11. 1. 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 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 of Appreciation to W. S. Fenner, Retiring Chairman,
Personnel Board.
2. Ordinance to amend and reordain Section 26-49 of the Code of the
City of Virginia Beach, Virginia, pertaining to definition of
charitable solicitations.
3. Ordinance to amend and reordain Section 26-51, Subsection (b),
of the Code of the City of Virginia Beach, Virginia, pertaining
to exemptions from certain provision of Article (re: Solicitations).
4. Ordinance to amend and reordain Section 26-55 of the Code of the
City of Virginia Beach, Virginia, pertaining to investigations
to enforce Article (re: Solicitors).
5. Ordinance to amend and reordain Section 26-57 of the Code of the
City of Virginia Beach, Virginia, pertaining to actions to enjoin
violations of Article (re: Fund Raising/Solicitations).
6. Ordinance to amend and reordain Section 26-60 of the Code of the
City of Virginia Beach, Virginia, pertaining to publication of
warning as to unregistered organizations.
7. Ordinance to amend and reordain Section 26-62 of the Code of the
City of Virginia Beach, Virginia, pertaining to contracts between
organizations and fund-raising counsel and professional solicitors.
8. Ordinance to amend and reordain Section 26-70 of the Code of the
City of Virginia Beach, Virginia, pertaining to misleading
solicitations generally.
9. Ordinance to amend and reordain Section 18-18 of the Code of
the City of Virginia Beach pertaining to proration of license
taxes.
10. Ordinance authorizing and directing the City Manager to execute
a Permit with the Commonwealth of Virginia Marine Resources
Commission for encroachment in, on or above subaqueous bottoms.
11. Ordinance authorizing and directing the City Manager to execute
an Agreement with Endependence Center, Inc. to conduct a program
for the elimination of barriers to the employment of persons with
disabilities (Emergency Jobs Bill of 1983). (Contract: $50,000)
12. Ordinance, on SECOND READTNG, to appropriate an amount of $30,000
to the Ocean Park Volunteer Rescue Squad, Inc. for the purchase
of a new ambulance.
13. Ordinance, on FTRST READING, to accept and appropriate additional
funds of $2,000 for the Clean Community System Program.
14. Ordinance, an FIRST READING, to accept and appropriate funds (in
the amount of $21,451) from the Southeastern Virginia Areawide
Model Prograiri (SEVAMP).
15. Ordinance, on FIRST READING, to appropriate funds of $14,777 and
transfer funds of $16,917 to Emergency Medical Services for
Communication Improvements.
16. Ordinance, on FIRST READING, to accept and appropriate a Grant
for $5,400 from the Virginia Department of Transportation Safety.
ITEM II. 1. CONSENT AGENDA (continued)
17. Ordinance, on FIRST READING, to appropriate funds of $10,000
to the Pendleton Child Service Center for additional supplies,
equipment and alterations.
18. Ordinance authorizing and directing the City Manager to execute
a Lease Agreement with Virginia Electric and Power Company for a
Substation site between 28th and 29th Streets.
19. Request of City Manager for authorization to enter into the
necessary Agreements for the acquisition of twelve units pro-
posed by American Fire Equipment Company in the amount of
$1,847,150; AND, to arrange for the lease/purchase financing
of this equipment.
20. Proposals have been received for lease/purchase of a magnetic
tape cleaner/evaluator for the Data Processing Department
($16,025). Southern National Leasing Corporation offers the
most favorable financing proposal with ten semi-annual payments
in arrears at an interest rate of 8.75%. Authorization is
requested by the City Manager to enter into the necessary
Agreements for the lease/purchase of this equipment.
21. Low Bid of Suburban Grading & Utilities, Inc. in the amount of
$298,823.62 for the Small Line Improvements Project - Contract 5
(CIP 5-304), AND, authorize the City Manager to enter into the
necessary Agreements for the implementation of this project.
2 2. Permit for Tidewater Arnbulance Service, Inc. to operate an
Emergency Medical Services agency and vehicle within the City
of Virginia Beach pursuant to Section 10-5 of the City Code.
This Permit would allow interfacility transports (hospital
to hospital, hospital to nursing home and return, etc.) and non-
emergency transports (from residence to above facilities and
return) within the City of Virginia Beach.
23. Request of City Treasurer for Tax Refunds in the amount of
$1,914.06.
24. Request of Commissioner of the Revenue for License Refunds in
the amount of $6,701.63.
J. PLANNING - RECONSIDERATION
1. Applicant's request for a RECONSIDERATION of a condition
approved in the application of SUNSTREAM PARK, INC.for a
Change of Zaiiing from B-2 Community-Business District to R-8
Residential District on certain parcels in the Princess Anne
and Kempsville Boroughs ember 18,
1978.(City Council agreed to reconsider this request of
Mr. Edward Garcia on October 24, 1983.)
K. PLANNING
1. Application of @lo@d SSK@@,_William H.-Barba and James L.
Milligan for a variance to Section 4.4(b) of the Subdivision
Ordinance which requires that lot dimensions conform to the
Comprehensive Zoning Ordinance. The applicants wish to re-
subdivide three existing parcels, totalling 15,360 square feet,
into one lot. The parcels are located along the south side of
Lakeview Drive, southwest of Bromfield Avenue (Bayside Borough).
a. This item was TABLED due to a tie vote on October 24, 1983.
ITEM II. K. PLANNING (continued)
2. Ordinance vacating and discontinuing a portion of an alley
20' x 150' located on the west side of Arctic Avenue, south of
33rd Street (Virginia Beach Borough) in the petition of
Arthur S. Kreger, Shirley K. Levin, Ruth S. Kreger, Parker-
Sparks, Inc., and Roger W. Miller.
a. Letter from the City Manager transmits the recommendation
of the Planning Commission, and the Viewers concur, for
approval.
3. Ordinance closing, vacating and discontinuing portions of
Pennsylvania Avenue, Maryland Avenue, Virginia Avenue, West
Virginia Avenue and First Street (Kempsville Borough) in the
petition of Oxford Development Enterprises, Inc.
a. Letter from the City Manager transmits the recommendation
of the Planning Commission for app o@val, and the recom-
mendaLion of the Viewers that requested closure would
result in public inconvenience.
4. Ordinance to amend the Master Street and Highway Plan dated
December 16, 1974 (pertaining to widening Independence Boulevard
and relocating Baxter Road). A Public Hearing was held on this
matter on October 24, 1983.
a. Letter from the City Manager transmits the recommendation
of the Planning Commission for approval.
5. Ordinance to encroach into a portion of the City right-of-way
known as Oceanfront Avenue in the petition of Mr. and Mrs. James H.
Capps (The Breackers Resort Inn at Atlantic Avenue and 16th Street).
6. Resolution authorizing the enlargement of a nonconforming structure
locatc!d at 2752 Ocean Shore Avenue and owned by Elvie Roy Bonney
and Mardel W. Bonney.
Letter from the City Manager transmits the recommendation
of the Planning Commission for denial.
L. APPOINTMENTS
1. Citizen's Advisory Committee
M. UNFINISHED BUSINESS
1. Amendment to Master Street and Highway Plan regarding Feasibility
Study to reinstate Old Donation Parkway and extend Indian Lakes
and South (Southern) Boulevards by Staff (tabled for November 7,
1983 on October 10, 1983).
N. NEW BUSINESS
0. ADJOUR@TENT
1. Mation to adjourn.
M I N U T E S
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
B R I E F I N G
PD-H 2 and P-1 Overlays
by
Robert J. Scott, Director
Department of Planning
November 7, 1983
11:00 a.m.
The PD-H 2 and PD-1 overlay zoning was presented by Robert J. Scott,
Director of Planning, who refreshed members of City Council with the
mechanics of the specialized zoning and its application to the City Code.
He explained this type of zoning was merely an overlay and that the under-
lying zoning remains in effect. He advised the type of housing allowed
may be different from that of the underlying zoning. The intent of "open
space" is to preserve and promote. There are three ways the Code deals
with open space:
1. Homeowners Association
2. Restrictive Covenants
3. Change of Zoning to P-1
To this date, there have been three PD-H 2 applications before City Council
and three are presently pending at the Planning Coramission. Open space
is at the election of the applicant and subject to City Council approval.
Density can be determined with a PD-H 2 zoning overlay in existing zoning.
In the open space promotion, by use permit basis in the R-1, R-2, R-3,
R-4 and R-5 districts, density cannot be increased but can be redistributed
by City Council approval. This provision originally resulted in Council s
desire to provide "affordable housing".
The City Manager will address concerns expressed by members of City Council
during the Briefing and make his recommendations to the City Council in the
near future.
CITY COUNCIL MEMBERS PRESENT CITY COUNCIL MEEBERS ABSENT
Tohn A. Baum Nancy A. Creech (in at 11:30 a.m.)
Harold Ileischober Robert G. Jones
Vice Mayor Barbara M. Henley J. Henry McCoy, Jr., D.D.S.
H. Jack Jennings, Jr.
Mayor Louis R. Jones
W. H. Kitchin, III
Reba S. McClanan
Meyera E. Oberndorf
Briefing recessed at 11:47 a.m. November 7, 1983
M I N U T E S
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
B R I E F I N C
Drainage Ways
by
C. Oral Lambert, Jr., Director
Department of Public Works
November 7, 1983
11:50 a.m.
C. Oral Lambert, Jr., Director of Public Works, assisted by Benny Gilbert,
P.E., Senior Staff Member, presented three points of concern regarding
drainage ways:
1. A map depicting the entire City with its flood plains, water-
sheds and drainage basins.
2. Before-and-after topographic map.
3. Abstract record of retention ponds.
A graphic presented the 100-year tidal flood plan as prepared by the Army
Corps of Engineers. It was noted that the northern portion of the City
needs little work; the central portion needs quite a lot of work, the
southern portion is subject to a change of priorities (Salem Cani is i.
the current C.I.P. Program).
The City Manager was asked to provide members of City Council with additional
information showing the natural floodways and swales in these areas of con-
cern. Council expressed concern for advice on a cross section of Recreation
Drive and Salem Woods showing their natural conditions and drainage plan.
Mr. Gilbert read a report giving the track record of retention basins in
the City. The City Manager was asked to review the 10- and 25-year storms
going back to the 1950's and advise members of Council what would be anti-
cipated as future City maintenance. The City Manager was also requested
to look at the Kings Grant area as well as the Lynnhaven River.
CITY COUNCIL MEMBERS PRESENT CITY COUNCIL MEMBERS ABSENT
John A. Baum Robert G. Jones
Nancy A. Creech J. Henry McCoy, Jr., D.D.S.
Harold Heischober
Vice Mayor Barbara M. Henley
H. Jack Jennings, Jr.
Mayor Louis R. Jones
W. H. Kitchin, III
Reba S. McClanan
Meyera E. Oberndorf
Briefir@g recessed at 12:25 p.m. November 7, 1983
M I N U T E S
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
November 07, 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, November 7, 1983, at Twelve Forty-Six 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,
W. H. Kitchin, III, Reba S. McClanan, J. Henry McCoy, Jr., D.D.S.,
and Meyera E. Oberndorf
Council Members Absent:
Robert G. Jones
Note: Councilman Jones entered the meeting at 1:10 p.m.
November 7, 1983
-2-
ITEM # 20852
Mayor Jones entertained a motion to permit Council to conduct its INFORMAL
SESSION to be followed by an 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. 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 Councilwoman Creech, seconded by Vice Mayor Henley, City
Council voted to proceed into the EXECUTIVE SESSION following the INFORMAL
SESSION.
Voting: 9-0
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,
Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Robert G. Jones and W. H. Kitchin, III
November 7, 1983
-3-
M A T T E R S B Y C 0 U N C I L
OLD DONATION PARKWAY ITEM # 20853
Councilman McCoy and Councilman Jennings agreed the Staff's Report on Old
Donation Parkway should be presented in one to two weeks.
KEMPSVTLLE GOLF COURSE ITEM # 20854
Councilman McCoy stated the Kempsville Golf Course Task Force Committee is
still meeting with the Kempsville Civic League and other interested princi-
pals involved. The application of R. G. Moore, owner and developer of
this property, has an application pending before the Virginia Beach Planning
Commission but has agreed to delay the matter for a month to allow the
Committee's recommendation to come before the City Council for their decision
whether or not to purchase Kempsville Golf Course. The Committee will be
meeting again and will present Council with a report in the next two weeks.
ALCOROL/DRUG ABUSE ITEM # 20855
Councilman Jennings requested consideration be given to the City establishing
a Task Force to coordinate efforts relative to the "Chemical Program" being
sponsored by Nancy Reagan, our First Lady.
Councilwoman Oberndorf recalled the existence of such a committee in recent
years which met for approximately four years; however, due to lack of favorable
indication of the alcohol/drug problems being alleviated, the committee was
dissolved. Councilwoman Oberndorf agreed with Councilman Jennings that new
ideas, history and input would be very beneficial.
Relating to the chemical abuse situation, Vice Mayor Henley stated that when
considering the Budget for next year, funds might be made available to increase
the staff in the Police Department to enable more effective and efficient
enforcement in the subject area of concern.
November 7, 1983
-4-
M A T T E R S B Y C 0 U N C I L
(continued)
SAW PEN POINT PARK ITEM # 20856
Councilwoman Oberndorf questioned the City Manager about the misunderstanding
connected with the availability of a PARK in Saw Pen Point (relating to
exchange of parcels for open space area) and how the situation would be
handled. City Manager Muehlenbeck replied that it would be handled adminis-
tratively. He stated the Staff will be meeting with the developer and residents
of Saw Pen Point to resolve the matter. The current status will probably
result in a "dedication" rather than "reservation" of land. The City Manager
stated he had responded to all letters received by his office expressing con-
cern about the subject situation.
WATER TREATMENT PLANT ITEM # 20857
Reference an article in last week's local newspaper regarding water independence,
Councilman Heischober stated it seemed to be an assumption by the City of
Norfolk that the City of Virginia Beach has eliminated the possibility of having
its own treatment plant. He suggested that communities interested in water
supply may wish to enter a "joint venture" regarding a treatment plant and that
the City of Virginia Beach should consider water treatment as well as water
supply.
LAKE GASTON/PUBLIC REARING ITEM # 20858
The Army Corps of Engineers is having a Public Hearing November 17, 1983, at
the Pavilion, regarding the Lake Gaston water issue. Councilwoman Oberndorf
suggested there be a "quick, clean, honest" advertisement placed in the
"business" section of the newspaper by the City of Virginia Beach to insure
that all citizens be aware of the importance of their attending in support
of the City's proposed water supply.
November 7, 1983
-5-
M A T T E R S B Y C I T Y M A N A G E R
HAMPTON ROADS
SANITATION DISTRICT ITEM # 20859
A presentation was made by James R. Borberg, General Manager of Hampton
Roads Sanitation District, regarding their Development Plan. The City s
"Interceptor System" was depicted on a graphic chart.
In preparing the Development Plan, HRSD linked the population to phases of
development (using a time frame of five to fifteen years).
VIRGINIA BEACH POPULATION PROJECTION
1980 262,000
Phase I 341,300
Phase TI 412,000
Phase Ill 460,900
Phase IV 496,500
Phase V 573,000
The City owns a large number of pump stations throughout the area which pump
into the Interceptor System. The tributary areas of these pump stations have
been determined (each water account is coded) such that it is known where
each person in the City is served. This is then overlayed with a census
tract (population projection) which is then related to the pump station
service area, so a fairly accurate representation of where people are, where
growth is anticipated, and what changes will have to be made in the Interceptor
System is known.
The Atlantic Plant (36 MGD capacity) has just been completed. The City of
Virginia Beach aided HRSD in the early phase of funding this project. The
plant is on-line and working well.
In Phase 1, the forecast is for two separate facilities -- one is a booster
pump station (west of Oceana) to reduce the pressures primarily in the areas
of Green Run and Kempsville. This was placed in the budget this year. The
booster pump station is presently under design. Another need is projected
for the Kempsville Road corridor (primarily in Chesapeake) (not budgeted yet).
Provision for this pump station will be made when requested by the City.
In Phase II, the Interceptor System is in good shape to handle flows, provided
they are kept under control.
In Phase III, the need for another booster pump station in the Kempsville area
is projected.
Depending upon the City's growth, Phase Ill will probably be sufficient past
the year 2000.
As a matter of interest, the Atlantic Plant was designed for expansion.
Phases IV/V, to be developed after the year 2000 and will possibly include
below the Virginia Beach/Chesapeake City boundary line. At that time, the
size of the Atlantic Plant will probably double to serve a capacity of
approximately 600,000 citizens.
In summary, for approximately the next fifteen years it appears the City of
Virginia Beach is well served with a waste water collection system and
treatment plant.
Discussion.
November 7, 1983
-6-
M A T T E R S B Y C I T Y M A N A G E R
(continued)
ORPHAN PROJECT/
SUSQUE@NA DRIVE ITEM # 20860
Addressing Mr. James R. Borberg, General Manager of Hampton Roads Sanitation
District, Councilwoman Oberndorf expressed concern that work was being performed
at Susquehanna Drive and Newtown Road approximately three months ago, yet she
was unable to determine who was responsible for said work. She stated she
had contacted the Department of Public Utilities at Virginia Beach and was
informed it was not a City project. Mr. Borberg stated he did not think it
was an HRSD project but would be glad to look into the matter.
LEGLISLATIVE PACKAGEJ1984 ITEM # 20861
Regarding the 1984 Legislative Package, the City Manager presented a preliminary
list of items as suggested by members of City Council and by various City
departments for consideration in said Package (items outlined in Mr. Muehlenbeck's
letter of November 7, 1983, which is hereby made a part of the record).
Councilman Heischober requested a Workshop on this matter be scheduled by the
City Manager to be attended by Legislators, City Council and Staff.
Councilman McCoy stated he had additional items to be added to the Legislative
Package which he would present to the City Manager.
AMERICAN FIRE
EQUIPMENT COMPANY ITEM # 20862
Regarding Item II-I.19 of the Consent Agenda (Formal), Councilman Heischober
expressed concern that the apparent low bid (for the purchase of twelve
fire trucks) was not accepted. Fire Chief Harry Diezel explained that the
other bidders were non-responsive to the City's Specifications.
SWARTZ APPLTCATIONJ
VARTANCE ITEM # 20863
Mayor Jones stated the desire of Attorney Carrollyn Cox to place Item IT-K.1
(Formal), relative to the application of Floyd Swartz, et al, at the end of
Planning Items inasmuch as she would be late f,r the meeting in order to
attend the funeral of Marine Cpl. Owen, killed in Beruit.
CAPITAL IMPROVE24ENTS PROJECTS
REPORT (QUARTERLY) ITEM # 20864
City Manager Muehlenbeck stated review of the Quarterly C.I.P. Report
would be placed on the Agenda for November 14, 1983.
COMPREHENSIVE ANNUAL
FINANCE REPORT ITEM # 20865
The City Manager offered to respond to any questions about the Comprehensive
Annual Finance Report (June 30, 1983) (hereby made a part of the record).
November 7, 1983
-7-
RECESS INTO
EXECUTIVE SESSION ITEM # 20866
City Council recessed into EXECUTIVE SESSION at One Thirty-Seven in the
afternoon.
November 7, 1983
-8-
F 0 R M A L S E S S I 0 N
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
November 7, 1983
2:08 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,
W. H. Kitchin, III, Reba S. McClanan, J. Henry McCoy, Jr., D.D.S.,
and Meyera E. Oberndorf
Council Members Absent:
Robert G. Jones
INVOCATION: City Clerk in the absence of Reverend Ernest Lewis
PLEDGE OF ALLEGTANCE TO THE FLAG OF THE UNITED STATE-S OF AMERTCA
November 7, 1983
-9-
Item IT-D.1
MINUTES ITEM # 20867
Upon motion by Councilwoman Creech, seconded by Councilman Baum, City
Council APPROVED the Minutes of October 24, 1983.
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,
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:
Robert G. Jones
November 7, 1983
-10-
Item II-E.1
AWARDS ITEM # 20868
Prior to presenting Awards relative to the United Way Campaign, City Manager
Muehlenbeck recognized the following City employees for their oustanding
efforts in making the Campaign a tremendous success:
Michael Barrett, Public Sector Coordinator (City Manager's Staff)
Beth Ann Lawson, City of Virginia Beach Coordinator (Data Processing)
Network City Coordinators:-,
Janet Anderson (Parks and Recreation)
Larry Davenport (Finance Department)
Karen Hamlet (Fire Department)
R. J. Nutter (City Attorney's Office)
The City Manager presented individual Awards as indicated on the following
page. He was very complimentary of each and every participant and contributor
to the United Way Campaign.
November 7, 1983
Departments @@,ho tlet or Exceeded their Nlonetary T;Arget
Agriculture 107/@o
Animal Control 123@
Circuit Court 102%
City Att.orney
Citv Clerk
City Engineer 117'@
Public Infonnation Office 180@.
Data Processing ill"
Fiiiance 100@@
Fire 108,@
General Services 115'@
Juvenile and Domestic Courts 175'x
Juvenile Probation 1481.
Mosquito Control: Princess Anne 102cx
Pendleton Cbild Ser@,ice Center 103'x
Personnel 107'x
Real Estate Assessor 104@,
DEPART@IENTS WHO EXCEEDED 50/',, of POTENTIAL
Cii.@, @lanager's Office 62.9".
Data Processing Department 51.2@m
I)EPARTMENTS AND DIVISIONS IVIIO liAD 100@. Participation
Animal Control
@C-l'ICL'L
I TL) _AJ
Citv Clerk's Office
Cdty I-lanager's Office:Cit@, @lana er'@ Dix,ision
Public Infoi-mation Office -:e6@-s . @
Virginia @luseum of @lirille Scietices
Commissioner of Revenue
Data Processing: Operations Di@,i,@ion
Data Pi-ocessing: Director's Office
Data Processing: Automated Office SN'Stems Di\,ision
Data Processing: Central Files
Econoniic Developmeiit:Djrector's Of@fice
Finafice: A(iministrition
Finance: Pijrchasing
C,(-,neral Ser%,jces: Director's Office
November 7, 1983
General Services/Mariagement and Support
General Services/Safety Division
General Services/1rint Shop
General Services/hiail Distribution
General Services/Landscape Services
General Sei-vices/Automotive Services
General Services/Building Maintenance
@lental Ilealth and Re.tardation/Commiinity Services Eoard
Princess AnDe Plosquito Control Commi.ssion
.@losquito Control/Bavside
.@iosquito Control/Beach
Parks and Recreation/Ti,ansit DiN,ision
Parks and Recreatiori/l)irector's Office
Pendleton Child Sei-vice Center
Permits and Inspections/Administration
Permits and Inspections/Housing Code
Personnel/Administration
Personnel/Testing aild Selection Personnel/Tra@ning
Public Utilities/Director's Office
Public Utilities/lVater Resources
Public Works/Solid 1"',,iste/Sanitation and Inspections
Public IVorks/Solid IVaste/Administration
Public Works/Solid l@aste/Rf-,fuse Disposal
Public IVorks/Soli:d I'@'aste/Transfer Station
Public Works/Traffic Engineering
Treasurer's Office
General Registrar's Office
***SPECIAL AWARDS***
General Services/Prijit Shop &-. @lail Room for Achieving 454Si of Target
GeDeral Services for 1-aising $2,225 new dollars ov,@r 1982
N(,vember 7, 1983
-12-
Item II-F.1
PRESENTATION ITEM # 20869
A Resolution in Gratitude to Members of the Mayor's Air Cushion Vehicle
Advisory Committee was adopted October 24, 1983.
Individuals who served on said Committee to whom Mayor Jones presented
individual Resolutions of Appreciation this date were as follows:
Councilman H. Jack Jennings, Chairman
Councilman Harold Heischober
Tom Aiken, Croatan Beach
David M. Grochmal, Assistant to the City Manager for
Intergovernmental Relations
Jim Kaiser, North Virginia Beach Civic League
Jack Whitney, Chief of Comprehensive Planning
November 7, 1983
-13-
Item II-F.2
PRESENTATION ITEM # 20870
Mayor Jones presented W. S. FENNER, Retiring Chairman of the Personnel
Board, a Resolution of Appreciation for his untiring service of fifteen
years on the Personnel Board.
Director of Personnel Phyllis Miilette presented Mr. Fenner with a plaque
from the Personnel Board and expressed her gratitude for his outstanding
service.
November 7, 1983
Itein II-C.
PUBLIC HEARING ITEM # 20871
Mayor Jones opened the Public Hearing on the PROPOSED BUDGET INCREASES:
1. to accept and appropriate additional funds of $2,000 for
the Clean Community System Program;
2. to accept and appropriate funds from the Southeastern Virginia
Areawide Model Program (SEVAMP);
3. to appropriate funds of $14,777 and transfer funds of $16,917
to Emergency Medical Services for Communication Improvements;
4. to accept and appropriate a Grant for $5,400 from the Virginia
Department of Transportation Safety;
5. to appropriate funds of $10,000 to the Pendleton Child Service
Center for additional supplies, equipment and alterations.
Inasmuch as there were no speakers, Mayor Jones closed the Public Hearing.
November 7, 1983
Item II-H.1
RESOLUTION ITEM # 20872
Upon motion by Councilwoman Creech, seconded by Vice Mayor Henley, City
Council ADOPTED a Resolution requesting the Suffolk Redevelopment and
Housing Authority issue its Bonds for construction of a Garden Apartment
Project by AUBURN ASSOCIATES.
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
November 7, 1983
-15a-
RESOLUTION
WHEREAS, Auburn Associates, (the "Developer") desires to
construct housing in the City of Virginia Beach (the "City"); and
WHEREAS, the City wishes to induce the 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 SS103(b)(4)(A) of the Internal Revenue Code;
and
WHERF-AS, the Suffolk Redevelopment and Housing Authority
(the "Authority") has the 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 BI THE CITY COUNCIL OF THE
CITY OF VIRGINIA BFACH, VIRGINIA:
1. There is a need for the Authority to exercise its
aforesaid powers within ihe City for the purposes hereinabove described
and the Authority is invited and encouraged to issue its bonds for
the benefit of the Developer and the f'urtherance of said purposes.
2. These resolutions shall not be deemed an endorsement
of said bonds or the creditworthiness of the Authority, the Developer
or any other person or entity, and the bonds shall provide that the
City shall not be obligated to pay the bonds or the interest due
November 7, 1983
-15b-
thereon or other costs incident thereto, and neither the faith and
credit nor the taxing power of the Commonwealth, the City or the
Authority shall be pledged thereto.
2
Item. II-1.
CONSENT AGENDA ITEM # 20873
Upon motion by Councilman McCoy, seconded by Councilman Heischober, City
Council APPROVED, in ONE MOTION, Items I through 24 of the CONSENT AGENDA.
Voting: 9-0
Council Members Voting Aye:
John A. Baum, Harold Heischober, Vice Mayor Barbara M. Henley,
Mayor Louis R. Jones, Robert G. Jones, W. H. Kitchin, III,
Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Nancy A. Creech and H. Jack Jennings
November 7, 1983
-17-
Item II-I.1
CONSENT AGENDA ITIM # 20874
Upon motion by Councilman McCoy, seconded by Councilman Heischober, City
Council ADOPTED a Resolution of Appreciation to W. S. FENNER, Retiring
Chairman, Personnel Board.
Voting: 9-0
Council Members Voting Aye:
John A. Baum, Harold Heischober, Vice Mayor Barbara M. Henley,
Mayor Louis R. Jones, Robert G. Jones, W. H. Kitchin, III,
Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Nancy A. Creech and H. Jack Jennings
November 7, 1983
-17a-
RESOLUTION OF APPRECIATION
TO
W. S. FENNER
WHEREAS: W. S. Fenner was first appointed a member of the
Personnel Board on September 9, 1968, he has served willingly and untir-
ingly for fifteen years in behalf of the City of V,.rginia Beach;
WHEREAS: Throughout these years, h4-s dedication and unselfish
service have involved personal sacrifices and inconveniences, not only
to him but frequently to his family. We trust much satisfaction was
realized in successfully administering in this adv;-sory capacity--not
only to City Council but also to the citizens of this fast-growi-ng
metropolis. Advisors and Volunteers have saved the City untoli dollars;
but, more importantly, our successful qrowth depends upon them. H;-s
footprints in the sands of time will long reflect the tremendous strides
of his service.
NOW, THEREFORE, BE IT RESOLVEDT That the Virqinia Beach City
Council here assembled pauses in @'ts del,*-berations to express pride '.n
and deepest gratitude for these years of serv;-ce to
W. S. F E N N E R
BE IT FURTHER RESOLVED; That this Resolution be framed for
presentation with a copy spread upon the Minutes of this Formal Sess;-on
of Virginia Beach City Council th*-s Seventh day of November, N,'-neteen
Hundred Eighty-Three.
Given under my hand and seal,
Mayor
November 7, 1983
Item II-I.2
CONSENT AGENDA ITEM # 20875
Upon motion by Councilman McCoy, seconded by Councilman Heischober, City
Council ADOPTED an Ordinance to amend and reordain Section 26-49 of the
Code of the City of Virginia Beach, Virginia, pertaining to definition of
charitable solicitations.
Voting: 9-0
Council Members Voting Aye:
John A. Baum, Harold Heischober, Vice Mayor Barbara M. Henley,
Mayor Louis R. Jones, Robert G. Jones, W. H. Kitchin, III,
Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Nancy A. Creech and H. Jack Jennings
November 7, 1983
-18a-
AN ORDINANCE TO AMEND AND REORDAIN
SECTION 26-49 OF THE CODE OF THE CITY
OF VIRGINIA BEACH, VIRGINIA, PERTAINING
TO DEFINITION OF CHARITABLE SOLICITATIONS
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That Section 26-49, of the Code of the City of Virginia
Beach, Virginia, is hereby amended and reordained as follows:
Section 26-49. Definitions.
For the purposes of this article, the following words
and phrases shall have the meanings respectively ascribed to them
by this section:
Charitable organization: Any person which is or holds
itself out to be organized or operated for any charitable purpose
or any person which solicits contributions from the public or
obtains contributions solicited from the public. This definition
shall not be deemed to include any church or convention or
association of churches, primarily operated for nonsecular
purposes, and no part of the net income of which inures to the
direct benefit of any individual; nor shall it include any
political party, as defined in section 24.1-1 of the Code of
Virginia, or any political campaign committee required by state
or federal law to file a report or statement of
contributions and expenditures. Nor shall it the definition
include any labor union registered under section 40.1-76 of the
Code of Virginia, or any trade association; nor shall it the
definition include any authorized individual who solicits, by
authority of such organization, solely on behalf of a registered
or exempt charitable organization or on behalf of an organization
excluded from the definition of charitable organization.
Charitable purpose: Any charitable, benevolent, humane,
philanthropic, or eleemosynary purpose and the purpose of
influencing legislation or influencing the actions of any public
official or instigating, prosecuting, or intervening in
litigation.
November 7, 1983
City manager: The city manager or a member of his staff
to whom he may delegate his duties under this article.
Civic organization: Any local service club, veterans'
post, fraternal society or association, volunteer fire or rescue
groups, or civic league or association of ten (10) or more
persons not organized for profit but operated exclusively for
educational or charitable purposes as defined herein, including
the promotion of community welfare, and the net earnings of which
are devoted exclusively to charitable, educational, recreational
or social welfare purposes.
Contribution: Any gift, bequest, devise or other grant
of any money, credit, financial assistance or property of any
kind of value, including the promise to contribute, except
payments by the membership of an organization for membership
fees, dues, fines, or assessments, or for services rendered to
individual members, and except money, credit, financial
assistance or property received from any governmental authority.
The term 'contribution' shall not include any donation of blood
or any gift made pursuant to Article 2 (s32.1-289 et seq.) of
Chapter 8 of Title 32.1 of the Code of Virginia.
Federated fund-raising organization: Any federation of
independent charitable organizations which have voluntarily
joined together, including, but not limited to a United Fund or
Community Chest, for purposes of raising and distributing money
for and among themselves and where membership does not confer
operating authority and control of the individual agencies upon
the federated group organization.
Fund-raising expenses: The expenses of all activities
that constitute or are an integral and inseparable part of a
solicitation.
Membership: Those persons to whom, for payment of fees,
dues, assessments, etc., an organization provides services and
confers a bona fide right, privilege, professional standing,
honor or other direct benefit, in addition to the right to vote,
elect officers, or hold offices. The term "membership" shall not
-2-
include those persons who are granted a membership upon making a
contribution as the result of solicitation.
Parent organization: That part of the charitable
organization which coordinates, supervises or exercises control
over policy, fund raising, and expenditures, or assists or
advises one or more chapters, branches or affiliates.
Person: Any individual, organization, trust,
foundation, association, partnership, corporation, society, or
other group or combination acting as a unit.
Professional fund-raising counsel: Any person who for a
flat fixed fee under a written agreement, plans, conducts,
manages, carries on, advises or acts as a consultant, whether
directly or indirectly, in connection with soliciting
contributions for, or on behalf of, any charitable or civic
organization, but who actually solicits no contributions as part
of such services. A bona fide salaried officer or employee of a
registered or exempt charitable organization or of a registered
parent organization shall not be deemed to be a professional
fund-raising counsel.
Professional solicitor: Any person who, for a financial
or other consideration, solicits contributions for, or on behalf
of, a charitable or civic organization, whether such solicitation
of contributions is performed personally or through his agents,
servants, or employees or through agents, servants, or employees
specially employed by, or for a charitable or civic organization,
who are engaged in the solicitation of contributions under the
direction of such person; or any person who, for a financial or
other consideration, plans, conducts, manages, carries on,
advises or acts as a consultant to a charitable or civic
organization in connection with the solicitation of
contributions, but does not qualify as a professional fund-
raising counsel. A bona fide salaried officer or employee of a
registered or exempt charitable organization or of a registered
parent organization shall not be deemed a professional
solicitor.
-3-
Sale, sell and sold: The transeer of any property or
the rendition of any service to any person in exchange for
consideration, including any purported contribution without which
such property would not have been transferred or such services
would not have been rendered.
Solicit and solicitation: The request or appeal,
directly or indirectly, for any contribution on the plea or
representation that such contribution will be used for a
charitable purpose, including without limitation, the following
methods of requesting such contribution:
1. Any oral or written request;
2. Any announcement to the press, over the radio or
television, or by telephone or telegraph concerning
an appeal or campaign to which the public is
requested to make a contribution Eor any charitable
purpose connected therewith;
3. The distribution, circulation, posting or publishing
of any handbill, written advertisement, or other
publication which directly or by implication seeks
to obtain public support;
4. The sale of, or any offer or attempt to sell, any
advertisement, advertising space, subscription,
ticket, or any service or tangible item in
connection with which any appeal is made for any
charitable purpose or where the name of any
charitable organization is used or referred to in
any such appeal as an inducement or reason for
making any such sale, or when or where in connection
with any such sale, any statement is made that the
whole or any part of the proceeds from any such sale
will be donated to any charitable purpose.
Solicitation, as defined herein, shall be deemed to
occur when the request is made, at the place the request is
received, whether or not the person making the same actually
receives any contribution.
-4-
Adopted by the Council of the City of Virginia Beach
this 7th day of November 1983.
RMB/sm
8/2 5/8 3
(MISC.1)
Ref: Section 57-48, Code of Virginia (1950), as amended.
November 7, 1983
-19-
Item II-I-3
CONSENT AGENDA ITEM # 20876
Upon motion by Councilman McCoy, seconded by Councilman Heischober, City
Council ADOPTED an ordinance to amend and reordain Section 26-51, Sub-
section (b), of the Code of the City of Virginia Beach, Virginia, pertaining
to exemptions from certain provisions of Article (re: Solicitations).
Voting: 9-0
Council Members Voting Aye:
John A. Baum, Harold Heischober, Vice Mayor Barbara M. Henley,
Mayor Louis R. Jones, Robert G. Jones, W. H. Kitchin, III,
Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., Meyera E. Oberndorf
Council Memberq Voting Nay:
None
Council Members Absent:
Nancy A. Creech and H. Jack Jennings
November 7, 1983
-19a-
AN ORDINANCE TO AMEND AND REORDAIN
SECTION 26-51 SUBSECTION (B) OF THE
CODE OF THE CITY OF VIRGINIA BEACH,
VIRGINIA, PERTAINING TO EXEMPTIONS
FROM CERTAIN PROVISIONS OF ARTICLE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That Section 26-51, Subsection (b) of the Code of the
City of Virginia Beach, Virginia, is hereby amended and
reordained as follows:
Section 26-51. Exemptions from certain provisions of article.
(b) No charitable or civic organizations shall be exempt
under this section unless it shall submit, before any
solicitation, to the city manager, on form to be prescribed by
him, the name, address and purpose of the organization and a
statement setting forth the reason for the claim for exemption.
Parent organizations may file consolidated applications for
exemptions for any chapters, branches or affiliates which they
believe to be exempt from the registration provisions of this
article. if exempted, the city manager shall issue a letter of
exemption which may be exhibited to the public. No registration
fee shall be required of any exempt organization. The letter of
exemption shall remain in effect as long as the organization
continues to solicit in accordance with its claim for exemption.
Adopted by the Council of the City of Virginia Beach,
Virginia this 7th day of November 1983.
RMB/sm
8/2 6/8 3
(MISC.1)
Ref: Section 57-60, Code of virginia (1950), as amended.
November 7, 1983
-20-
Item II-I.4
CONSENT AGENDA ITFM # 20877
Upon motion by Councilman McCoy, seconded by Councilman Heischober, City
Council ADOPTED an Ordinance to arnend and reordain Section 26-55 of the
Code of the City of Virginia Beach, Virginia, pertaining to investigations
to enforce Article (re: Solicitors).
Voting: 9-0
Council Members Voting Aye:
John A. Baum, Harold Heischober, Vice Mayor Barbara M. Henley,
Mayor Louis R. Jones, Robert G. Jones, W. H. Kitchin, III,
Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Nancy A. Creech and H. Jack Jennings
November 7, 1983
-20a-
AN ORDINANCE TO AMEND AND REORDAIN
SECTION 26-55 OF THE CODE OF THE
CITY OF VIRGINIA BEACH, VIRGINIA,
PERTAINING TO INVESTIGATIONS TO
ENFORCE ARTICLE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That Section 26-55, of the Code of the City of Virginia
Beach, Virginia, is hereby amended and reordained as follows:
Section 26-55. Investigations to enforce article.
The city manager, upon his own motion or upon the
complaint of any person, may investigate any charitable or civic
organization, professional fund-raising counsel or professional
solicitor to determine whether such charitable or civic
organization, professional fund-raising counsel or professional
solicitor has violated any of the provisions of this article.
Adopted by the Council of the City of Virginia Beach,
Virginia this 7th day of November 1983.
RMB/SM
8/2 6/8 3
(MISC.1)
Ref: Section 57-59(b), Code of Virginia (1950), as amended.
November 7, 1983
-21-
Item 11-I.5
CONSENT AGENDA ITEM # 20878
TJpon motion by Councilman McCoy, seconded by Councilman Heischober, City
Council ADOPTED an Ordinance to amend and reordain Secti.on 26-57 of the
Code of the City of Virginia Beach, Virginia, pertaining to actions to
enjoin violations of Article (re; Fund Raising/Solicitations).
Voting: 9-0
Council Members Voting Aye:
John A. Baum, Harold Heischober, Vice Mayor Barbara M. Henley,
Mayor Louis R. Jones, Robert G. Jones, W. H. Kitchin, TTI,
Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Nancy A. Creech and H. Jack Jennings
November 7, 1983
-2la-
AN ORDINANCE TO AMEND AND REORDAIN
SECTION 26-57 OF THE CODE OF THE
CITY OF VIRGINIA BEACH, VIRGINIA,
PERTAINING TO ACTIONS TO ENJOIN
VIOLATIONS OF ARTICLE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That Section 26-57, of the Code of the City of Virginia
Beach, Virginia, is hereby amended and reordained as follows:
Section 26-57. Actions to enjoin violations of article.
Whenever the city attorney shall have reason to believe
that any charitable or civic organization, professional
fund-raising counsel or professional solicitor is operating in
violation of the provisions of this article, or has knowingly and
wilfully made any false statement in any registration application
or statement, report or other information required by this
article, or that a charitable or civic organization, professional
fund-raising counsel or professional solicitor has failed to file
a registration statement required by this article, or that there
is employed or is about to be employed in any solicitation or
collection of contributions for a charitable or civic
organization any device, scheme, or artifice to defraud or to
obtain money or property by means of any false pretense,
representation or promise, or that the officers or
representatives of any charitable or civic organization,
professional fund-raising counsel or professional solicitor have
refused or failed after notice to produce any records of such
organization, or that the funds raised by solicitation activities
are not devoted or will not be devoted to the charitable purposes
of the charitable or civic organization, the city attorney may,
in addition to all other actions authorized by law, bring an
action against such charitable or civic organization and its
officers, such professional fund-raising counsel or professional
solicitor to enjoin such charitable or civic organization or
professional fund-raising counsel or professional solicitor from
November 7, 1983
-2lb-
continuing such violation, solicitation or collection, or
engaging therein, or doing any acts in furtherance thereof and
for such other relief as the court deems appropriate.
Adopted by the Council of the City of Virginia Beach,
Virginia this 7th day of November 1983.
RMB/sm
8/2 6/8 3
(MISC.1)
Ref: Section 57-59(c), Code of Virginia (1950), as amended.
;T
i T
AP
November 7, 1983
-2-
-22-
Item II-1.6
CONSENT AGENDA ITFM # 20879
Upon motion by Councilman McCoy, seconded by Councilman Heischober, City
Council ADOPTED an ordinance to amend and reordain Section 26-60 of the
Code of the City of Virginia Beach, Virginia, pertaining to publication of
warning as to unregistered organizations.
Voting: 9-0
Council Members Voting Aye:
John A. Baum, Harold Heischober, Vice Mayor Barbara M. Henley,
Mayor Louis R. Jones, Robert G. Jones, W. H. Kitchin, III,
Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Nancy A. Creech and H. Jack Jennings
November 7, 1983
-22a-
AN ORDINANCE TO AMEND AND REORDAIN
SECTION 26-60 OF THE CODE OF THE CITY
OF VIRGINIA BEACH, VIRGINIA, PERTAINING
TO PUBLICATION OF WARNING AS TO UNREGISTERED
ORGANIZATIONS
BE IT ORDAINED BY THE COUNCIR, OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That Section 26-60, of the Code of the City of Virginia
Beach, Virginia, is hereby amended and reordained as follows:
Section 26-60. Publication of warning as to unregistered
organizations.
If the city manager shall determine that any charitable
or civic organization not registered with his office and not
exempt from registration, irrespective of whether such
organization is subject to the jurisdiction of the city, is
soliciting in the city, directly or indirectly, by any means
includinq without limitation, by telephone or telegraph, by
direct mail or by advertising in national media, he may, after
ten (10) days' written notice to the charitable or civic
organization, cause to be printed in one or more newspapers
published or distributed in the city, a notice in substantially
the following form:
'WARNING--UNREGISTERED
CHARITABLE SOLICITATION
The organization named below has solicited contributions
from area residents for allegedly charitable purposes. It
has not registered with or been granted the appropriate
exempt status by the city manager of Virginia Beach as
required by law. Contributors are cautioned that their
contributions to such organization may be used for
noncharitable purposes."
November 7, 1983
-22-b
A copy of such warning shall immediately thereupon be
forwarded to the administrator of consumer affairs for the
commonwealth.
Adopted by the City Council of the City of Virginia
Beach, Virginia this 7th day of November 1983.
RMB/sm
8/2 6/8 3
(MISC.1)
Ref: Section 57-52, Code of Virginia (1950), as amended.
November 7, 1983
- 23-
Item 11-I.7
CONSENT AGENDA ITEM # 20880
Upon motion by Councilman McCoy, seconded by Councilman Heischober, City
Council ADOPTED an ordinance to amend and reordain Section 26-62 of the
Code of the City of Virginia Beach, Virginia, pertaining to contracts
between organizations and fund-raising counsel and professional solicitors.
Voting: 9-0
Council Members Voting Aye:
John A. Baum, Harold Heischober, Vice Mayor Barbara M. Henley,
Mayor Louis R. Jones, Robert G. Jones, W. H. Kitchin, III,
Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Nancy A. Creech and H. Jack Jennings
November 7, 1983
-23a-
AN ORDINANCE TO AMEND AND REORDAIN
SECTION 26-62 OF THE CODE OF THE CITY
OF VIRGINIA BEACH, VIRGINIA, PERTAINING
TO CONTRACTS BETWEEN ORGANIZATIONS AND
FUND-RAISING COUNSEL AND PROFESSIONAL
SOLICITORS
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That Section 26-62, of the Code of the City of Virginia
Beach, Virginia, is hereby amended and reordained as follows:
Section 26-62. Contracts between organizations and fund-raising
counsel and professional solicitors.
(a) Every contract or agreement between a professional
fund-raising counsel and a charitable or civic organization must
be in writing and shall be filed with the city manager within ten
(10) days after such contract or written agreement is entered
into.
(b) Every contract, or a written statement of the nature of the
arrangement to prevail in the absence of a contract, between a
professional solicitor and a charitable or civic organization
shall be filed with the city manager within ten (10) days after
such contract is entered into or such arrangement is agreed to.
(c) All agreements and arrangements between a professional
fund-raising counsel and a charitable or civic organization must
be reduced to writing before executed or acted upon.
Adopted by the City Council of the City of virginia
Beach, Virginia this 7th day of November 1983.
RMB/sm
8/2 6/8 3
(MISC.1)
Ref: Section 57-54, Code of Virginia (1950), as amended.
November 7, 1983
-24-
Item II-I.8
CONSENT AGENDA ITEM # 20881
Upon motion by Councilman McCoy, seconded by Councilman Heischober, City
Council ADOPTED an Ordinance to amend and reordain Section 26-70 of the
Code of the City of Virginia Beach, Virginia, pertaining to misleading
solicitations generally.
Voting: 9-0
Council Members Voting Aye:
John A. Baum, Harold Heischober, Vice Mayor Barbara M. Henley,
Mayor Louis R. Jones, Robert G. Jones, W. H. Kitchin, III,
Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Nancy A. Creech and H. Jack Jennings
November 7, 1983
-24-a
AN ORDINANCE TO AMEND AND REORDAIN
SECTION 26-70 OF THE CODE OF THE
CITY OF VIRGINIA BEACH, VIRGINIA,
PERTAINING TO MISLEADING
SOLICITATIONS GENERALLY
BE IT ORDAINED BY THE COUNCIL OF THE CITY Of VIRGINIA
BEACH, VIRGINIA:
That Section 26-70, of the Code of the City of Virginia
Beach, Virginia, is hereby amended and reordained as follows:
Section 26-70. Misleading solicitations generally.
(a) No charitable organization shall use or exploit the
fact of registration under this chapter so as to lead the public
to believe that such registration in any manner constitutes an
endorsement or approval by the CitY7-PrOVidedT-that. The use of
the following statement shall not be deemed a prohibited
exploitation: 'Registered with the city manager as required by
law. Registration does not imply endorsement of a public
solicitation for contributions."
(b) No person shall, in connection with the
solicitation of contributions or sale of tangible personal
property or services represent, or lead anyone by any manner,
means, practice or device whatsoever to believe, that the person
on whose behalf such solicitation or sale is being conducted is a
bona fide charitable organization or that the proceeds of such
solicitation or sale will be used for charitable purposes, if he
has reason to believe such not to be the fact.
Adopted by the City Council of the City of Virginia
Beach, Virginia this 7th day of November 1983.
RMB/sm
8/2 6/8 3
(MISC.1)
Ref: Section 57-57(a), (b), Code of Virginia (1950), as amended.
-26a-
AN ORDINANCE AUTHORIZING AND DIRECTING
THE CITY MANAGER TO EXECUTE PERMIT
WITH THE COMMONWEALTH OF VIRGINIA
MARINE RESOURCES COMMISSION
WHEREAS, the Commonwealth of Virginia marine Resources
Commission on September 27, 1983, granted a permit to the City of
Virginia Beach to encroach in, on, or over State-owned subaqueous
bottoms pursuant to S62.1-3 of the Code of Virginia, 1950, as
amended; and
WHEREAS, the permit requires the payment of certain fees
and imposes certain terms and conditions upon the City and
requires the City's acceptance thereof; and
WHEREAS, the permit is essential to the Lake Gaston
Water Supply Project,
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE
CITY OF VIRGINIA BEACH, VIRGINIA:
That the City Manager of the City of Virginia Beach,
Virginia, be, and he hereby is, authorized and directed to execute
on behalf of the City the said permit, a copy of which is attached
hereto.
Adopted by the Council of the City of Virginia Beach,
Virginia, on November 7 1983.
RHM/da
10/18/83
10/2 4/8 3 APPPOVED AS TO CONTENOT
11/1/83
(2)
','O F)03M
ORNEY
November 7, 1983
-25-
Ttem TI-1.9
CONSENT AGENDA ITEM # 20882
Upon motion by Councilman McCoy, seconded by Councilman Heischober, City
Council ADOPTED an ordinance to amend and reordain Section 18-18 of the Code
of the City of Virginia Beach pertaining to proration of license taxes.
Voting: 9-0
Council Members Voting Aye:
John A. Baum, Harold Heischober, Vice Mayor Barbara M. Henley,
Mayor Louis R. Jones, Robert G. Jones, W. H. Kitchin, Ill,
Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Nancy A. Creech and H. Jack Jennings
November 7, 1983
-25a-
AN ORDINANCE TO AMEND AND REORDAIN SECTION
18-18 OF THE CODE OF THE CITY OF VIRGINIA
BEACH PERTAINING TO PRORATION OF LICENSE
TAXES
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA, THAT:
Section 18-18 is hereby amended and reordained as
follows:
Section 18-18. Proration of tax.
A. In the event any person required to pay a license
tax under the provisions of this chapter, which tax is not
measured by gross receipts, gross sales, gross purchases, gross
commissions, gross contracts or orders or graduated in any other
way, shall begin any business, occupation or employment after the
first day of May of the license year, the license tax shall be
prorated as follows: If such business, occupation or employment
is begun prior to the first day of September of the license year,
the full license tax shall be paid; if begun on or after the
first day of September and prior to the first day of December of
the license year, three-fourths of the license tax shall be paid;
if begun on or after the first day of December and prior to the
first day of February of the license year, one-half of the
license tax shall be paid; and if begun on or after the first day
of February of the license year, one-fourth of the license tax
shall be paid; provided, however, that no such license tax shall
be subject to such proration where proration is expressly
prohibited or where the amount of the license tax is fixed for
any part of the license year or where the license tax for the
whole year is twenty-five dollars ($25.00) or less.
B. Regardless of the basis or method of measurement
or computation, in the event a person ceases to engage in a
busines@ within the city during a year for which a license tax
has already been paid, the taxpayer shall be entitled upon
application to the commissioner of revenue to a refund for that-
portion of the license tax already paid, prorated on a monthly
basis so as to ensure that the license privilege is taxed only
-25b-
for that fraction of the year during which it is exercised within
the city.
Adopted by the Council of the City of Virginia Beach,
Virginia on the 7th day of November 1983.
MES/SM
6/9/8 3
10/2 4/8 3
(D)
APP',ZC)"I,7n AS TO COMIE,!T
November 7, 1983
-2-
-26-
Item II-1.10
CONSENT AGENDA ITEM # 20883
Upon motion by Councilman McCoy, seconded by Councilman Heischober, City
Council ADOPTED an Ordinance authorizing and directing the City Manager to
execute a Permit with the Commonwealth of Virginia Marine Resources
Commission for encroachment in, on or above subaqueous bottoms.
(Lake Gaston Water Supply Project)
Voting: 9-0
Council Members Voting Aye:
John A. Baum, Harold Heischober, Vice Mayor Barbara M. Henley,
Mayor Louis R. Jones, Robert G. Jones, W. H. Kitchin, III,
Reba S. McCianan, J. Henry McCoy, Jr., D.D.S., Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Nancy A. Creech and H. Jack Jennings
November 7, 1983
-26a-
AN ORDINANCE AUTHORIZING AND DIRECTING
THE CITY MANAGER TO EXECUTE PERMIT
WITH THE COMMONWEALTH OF VIRGINIA
MARINE RESOURCES COMMISSION
WHEREAS, the Commonwealth of Virginia Marine Resources
Commission on September 27, 1983, granted a permit to the City of
Virginia Beach to encroach in, on, or over State-owned subaqueous
bottoms pursuant to S62.1-3 of the Code of Virginia, 1950, as
amended; and
WHEREAS, the permit requires the payment of certain fees
and imposes certain terms and conditions upon the City and
requires the City's acceptance thereof; and
WHEREAS, the permit is essential to the Lake Gaston
Water Supply Project,
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE
CITY OF VIRGINIA BEACH, VIRGINIA:
That the City Manager of the City of Virginia Beach,
Virginia, be, and he hereby is, authorized and directed to execute
on behalf of the City the said permit, a copy of which is attached
hereto.
Adopted by the Council of the City of Virginia Beach,
Virginia, on November 7 1983.
RHM/da
10/18/83
10/2 4/8 3 APPROVED AS TO CONTENIT
11/1/83
(2)
@,l -.@4, T '@E
f;','O F)ODM
'It
ORNEY
November 7, 1983
COMMUNt@ SERVICES BUDGET
CITY OF VIRGINIA BEACH
Director $15,098
Assistant Director 11,438
Clerk-Typist 5,144
Fringe 5,703
Stlpends 3,300
Prlnting & Postage 2,724
Supplies 420
Phone 2.118
Travel 2,42T-
Tralnlng' 908
Equipment 726
Total $50,000
mRr 30 317 APPLICATION* 83-0747-1-S
APPLICANT: CITY OF
VIRGINIA BEACH
COMMONWEALTH OF VIRGINIA
MARINE RESOURCES COMMISSION
PERMIT
Th, Co@@..w.sith of Vi,gi.i.@ M.,i@. R"..,-, C.@@i,,io., ef.,,,d to s the Co..i,,io., 0. this 27th d.V.fSeptember
19 8:1 he,ebv .@l. the City of Virginia Beach, Virginia Beach Municipal Center,
Virginia Beach, virginia 23456,
h,,.i@.fle,,.f.,,ed to .@ th. P@,@ittee. lo:
xn E.@,o-h i., .. ., o-, St.t.-.ed .b.q.e.u@ b.tto@, pu,@u..t t. S.@ti- 62,1 3 of the Cd. of @,gi.is.
n U. ., d..I.p tid.1 -tl.@d, pu,,..@t t. Ch.pte, 2.1 of Title 62.1 of the Cd. of V.,g.@i..
Pe,-itteeishe,ebVa.tho,i,.dt.: construct a 60 mgd raw water transmission line which will
aerially traverse State-owned subaqueous bottoms in the Meherrin, Nottoway and
Blackwater Rivers, and Black Creek, and which will be submerged in its crossing
of Gaston Creek, Greensville Creek and Corrowaugh Swamp. minimum vertical
clearances of 15 feet will be maintained in all aerial crossings with the
exception of the Nottoway River Crossing which will be 17 feet. The submerged
crossings will be placed a minimum of 3 feet below the original stream bed.
Upon completion of the stream crossing, Permittee will ensure that the stream
is returned to its original contours and condition. All activities authorized
herein, shall be performed
i. ith the pla.s ..d dl..i.g. d.ld July 1983 hich m
.tt.@h.d h.l.t. e.d Sde a p.,t of ttis P.,-it
Thi, p.,.il i. g,.@t.d ..bi..l t. th. #.11-i.g t..d.,d .-dit...,
(1) Th. o,k a.th.,i@.d by this p.,.it h.11 b. ...plt.d by October 1, 19B6 The P@mM"
The...pl.t,.@d.t...yb...t.,d.dbyth.Co..Issio.i.itodiKOti".A.Y@heppl"wfw
..te@si.@ f ti@. sh.11 b. i. .,iti.g p,i., to lh. b.@ c.@pt.t,.@ d.t. .@d h.11 P..ify th. fo, ch ..t..sio. a.d lhe e.pected dot* of co.p4*tio. of
c.@,t,.cti.@. All th., c..diii ....... i@ i@ fl..t .@l- .@.k.d by th. C.@.i.lio@ .1 the Ge.6,01 As".bly.
(2) Thi. p.,@it g,.@t. .. ..th.,ity to th. P.,.itte to ..Clo.Ch p.. Ih. PI.P.Ity .ghts. i,.$.di,g ip.,im. lights. of othm.
(3) Th. d.ly a.th.,i,ed g..t. f th. C-@l.,io, th.11 h... th. ight 1. p.@ Ihe p,oises st ess.@able ti@n, to, the pu@ Of lmpqoingthe@
bei.g d.@e p.,s.e.t t. this P.,.it,
(4) Th.P.,@itt.e.holl...ply.ithth,.mt.,q..Iity$ta@d.ld$asftt.blishdbytheSt.teWt@Co.t,olSoalda.dollothe,appli"ble@,wdlne@.min
a.d,.gul.ti.@sa"octi.gtheco.d.cloithop.j.@t Th,g,..Ii@goithilp.,@it.h.11@011.1.1@.th.P.Iift...fth.-po.sibilityofobtai.iganyandellottwpwmils
o, ..Iho,ity fo, lh. p,.i.cl
(5)
(6) Thi,p.,.itsholl.ot.tf..to,i.t.,f.,e.ithih.,ighl,o.ch@.fdt.th.peopi.ofVi,gi@i.c..c.,.i.gfi.hi.g,f..Ii.gadtho"tchl.gofandtakingofoystwo
o@d othl, shell fi,h i@ .@d f,o@ th. bott.@ f ..... .@d @.1 i@@lud.d ithi@ the le,.$ 01 this P.Iii
(7) Th@P.,@.1t...h.li.toth.g,..Ie,l,.te@lp,.clic.bi..@i@i@i@eth..d.,,..ff.ct,ofth.p,ojW.po..di.c..tp,.p.Mi..a.d.stio.dsondupothenstu,si
,.s.u,c.. of th.
(8) Thi@p.,.it@aybe,.@okedst..yti-byih.C-.i.,i..Up.@thetailu,eofihoPe,.Ittnto.o@pty.iih.@yofthele,.se.dcoditfomhoreWoretthe.ill
.f Ih. Ge@.,.l ASS..bly of V.Igi.i.
(9@ Th.,e is e.p,.,.Iy .@ci.d.d I,.. Ih. p.,@it ..y p.,ti.@ of the ..to,. ithi@ th. bou.d.,in of the Boylo, Surny.
(10) Thi, p.,.ii is subject to .,y I ... e f ysle, pt..ti@g g.... d i@ e"ect o@ the d.l. of this pe,.It, Nothi.g 1. this pw.ll Shall bO @tru*d U S@ng th*
P.,.itt- to e.,,O.Ch .. ..y le.,e ithut tt. c.@ ... t Of th. I .... hold.,. Th. P.,@itt- shall be ti.ble to, ..y de@.gn to $.ch 1.8".
(I 1) The i..... . of this p.,@it d-, ..t Co@f.r po. the p.r@ittee ..y i@te,ftt ., till. to the bd$ Of th. ..t.m.
(12) All.l,uctul.l.uth.,i@.dbythilprM.hi.h.10@.t@.i@t.i..di@god,.Pai,Shatlbco.pltely.@edflo@St$t-.nodbottm.Ahinthm(3)@ths
.ft., @.litic.lio@ by th. C.@.i..io..
113) Th. P.,.itt- g-S to i.de..Ity ..d ..@. h.l.les, the Co.@.....Ith of Vi,gi@is t,o@ &.y limbillty g,jol.g fo. the 00@blish@ opwatim M
..i@t .... ce f "id ploi.ct
(14) Th.Pe,.ifte.ag,-t.m.ply.ith.li.fth.t.,...rdco@diti.@,...ti.rthi@thi.p.,@il..dlhatthp,ol-I.illboa=wWigh*dhMntMbOunderiftU
.utli.ed i@ the OP attached h.,eto. A.y e@cr..ch.e.1 byo@d the li@it, of this pelit h.11 CO.Stituto a CI.ST I Isd@..Or.
,wp.,.I, iih .9.@ci.s of th@ C.@@o@.e.ith i. th. .-@.,y Of if d....d .@..rY.
PERMITTEE COPY
83-0747-1-S
@ICATON a
A owd $100.00 (One Hundred Dollars)
W48moRyof N/A
owne stream crossings authorited herein
ig dw and MaW Wm mum of "ft by Pw@",Mis W" corosis of 3ti s@
PF.RMfTTEE
Po di *s's &"Iwe is affind hmem as @ of acceo@e of S" of the wm m codftm twoh.
1. "M ~& @ is a COM-8@. co-".V. ""Y W Politl"l i@Mdlion. please @ crtOtAtim Ihol to ft S" fw ow im 0 -0
@st- to bd the MoaMaii- 1. tht fine.cial and pefo,-@ Nol-S hich MS." t,- 0.1ildy 8,4ho,i@.d by this
PERMITTEE
Ameptedf@ CITY OF VIRGINIA BEACH
dey of .19 By
(Na-I
Sisto
cav 0 CWDY)
a Notary P.bic . ard f& said Stal. and CNy (a C@ty) con@ no
@e is s@ 10 the I.Ogolg. haS aCk@@ the som belwo - i@ y State md Cty (m Cour4y)
G@ @ y hand Ih.s day ol .19
N.ta,y PL49.c
my cmssiw OV." m lbe dy of .19
COMMISSIONER Willian A. rruitt
IN WITNESS WHEREOF. the @ehh .1 Vilg--i&. M&li- R.-,m C-..@..n hs mmed tt- pawls 10 be -,Aed A ft beft" by MMK@IL,
cm.ms@,,
MAFIINE RESOURCES COMMISSION
fty of .19 BY
sil"e of v@in FOR: WilliaM A. Pruitt, Comaissioner
CRy ol N@ Ne", l@WN: E. Larsen, ASat. C=RiSS@- - Env
1, Shirley L. Patterson a Nol.,y publiCMhi@ .,d f@the COy of N@ St.10 OfVkg-nim. oMOyVWJMWE.
C@ of M&,O. Rnwm$. whm --" is sig-.d 10 lhe -bme -"-14 beg'.V th. day (O .19
i. y City sto,nad.
G.m um* M had lhis day of .19
N.1a,y
my com"ssm emkos m it* 2 8 th dayoiseptemberig 84
PEWITM COPY - WHffE COPY
commissioN COPY - YELLOW COPY
CORPS OF ENGINEERS - PINK COPY
LPAterqd @nto rocord
FA
/s
CHAMP'
PRWOWO Iwpqowo PAPElt@
SPAWAV#f A COMPAWF
,vicim-tf- MAP
MILES
FMCM 1;25qooo USGS
PROPOSED
SOAR RAMP vm
ES
PROPOSED
MAI#rE#A#CE
OPE#- BUILD"
AND
m PRO so Mdo
14
AL PUMPIAIC S rArIO#
'01
(i I
I INRAAE.
PIPINS
osm t
wEr wELLs
VIRGINIA ELECTRIC AND
POWER COMPANY
a to a too loo 300
SCALE i" - 150!
S/ rE PLAN
PROPOSED BOAT RAMP. PIEI% AND LAKE GASTON RAW WATIR
INTAKE STRUCTURE
ON PEA I*LL CRERK IN SUPPLY LINE
BRUNWICK COUNTY, VA- CITYOFVIRGIIOIABFACA,VA.
JULY, 1903 -LAL4 -1
0
FEET
PIER SCALE
TYPICAL SECTION Entered into rcocrd
,t tom,@,ission meetir
SAFETY
RAILING 'b
TRINOERS
FtOSSTiE3
T 3 ACI?,O
?O' PILING
Hw -ZOO
MLW- 19.9
ES
PIER
T'll@
@yp
BOAT LIFT @Exi5Tlt4lb DAAY.
HOUSE 0 FEET
SCALE
OOAT RikMP-
1ST CTION A- A
GROU
REItAF
as,
mmw.EW
IALW-199
I E)(IS'tlt4G
GRAVEL
L E
PURPO sOAT GAS'ON IAW WATE
R SUPPLY LINE
ON PEAHILL CREEK VIRGINIABEACH. VA-
2/
BRUNSVACK COUNTY, VA. 983 4
at Co:i,,.iianion mootin&
on
SCALE- I/*'- l' by,
199
miw
x 25 -0 1EXISTOO
CON
MA)L
so mu.
ON 6-0
5 INTAKIE F4PIM
SCALE: 3/32-- l@ NHW 200
MLW 199
c
i9 2
L
SECTION E-1
INTAKF STRUCTURIE
PUFtPOSE: INTAKE STRUCTURIE LAKE GASTON RAW WATER
Oil PEA "ILL CREEK SUPPLY LINE
aftUN$vnCK COUNTY,VA. CITY OF WINGIBM 99ACH, VA.
JULY, 1963
Ente,-cd
at Co,-.t,,icsion meetirig
on
SECTION C-C by
SEDIMENT TO BE REMOVED
AFTER EACH STORM
2,-0"
5LOPE 2:1
-A SLOPE 1:1
-j
31ZE
OR EQUIVA@
SECTION D-D-
3TAKE:D Atio ENTREN COMPACTED SOIL TO
ST FKAW BALE PIPING
PILTERED
RUNOFF'
PURPOSE. DREDGE SPOIL STORAdir LAKE GASTON RAW WATER
ON PEA HILL CREEK SUPPLY UNE
CITY OF VIRGINIA BEACH. VA.
BRUNSWICK COTJNTY, VA.
p JULY i 1983
UNSWICK-ZOUNTYO'VA.' lmuwswicx GREENVILLE
COUNTIE
0
VEPC
EASEMENT
PROPOSED
PIPELINE
SiTE PLAN 400
400 0
- Enterea into reoord
at @,ojrlission iioetini
0
by
POSED PIPE
isd lid
140r
isd
lid
lid
"d
-mw
iod lod
sd
0 10 20 40 10
id FEET
PROFILE
AAPTR I
-PROPOSED EOVERHEAD CRosi!Ne LAKE S L@ LA 9E WATER
ON T HE M HERR,,, RIVE M' r4 AR
THE CITY OF EMPORIA, IN CATY Oft VIRGI"%A UL
aptiNswlClt COMTY,VA. iwl lies
SOUTHAMPTON COUKTY, VA. SOUTHA ON SUSSEX. co 16
6 IAAP
PF UN
TLANO
@UCATION M
Entered into reoord
t co;amission meeting
:n
by
PROPOSED PIPIE
3 m
0, WSL
-od 4d
p I awls,
4M
PROFILIE
PRO si#4o LAKE GASTON RAW WATER
ON I SUPPLY UNE
TOV CITIF OIF VIRGINIA KACI%VA
SOL JULY. 1983
COUNTY, VA.
SOUTHAMPTON COUNTY. VA. SOUTHAMPTON
FROM I:AIKOO.O USGS MAP
D
IRPOEPLOI r4S
cr.
*ts
5 I 1 r ATION, .#AAP,
FEET
Entered into reoord
at co.-iii3sion meeting
on
by
ROPOSED PIPE
I
5@4
2d
STING BRIOG
0 0 SL 'VIE'RS d
0 is so 690 L 0FEET
PROFILE
PROPOSED OVERHEAD CROSSING RAW WATER
ON -ASSAMOOSICK SWAMP, NEAR 'LAKE GASTON LINE
TOWN OF SEBRELL. IN SUPPLY
SOUTHAMPTON COUNTi,VA. CITY Oir VIRGITJIA KACH,VA- '/S 4
JUL'Y, 1993. 7
SOUTHAMPTON COUNTY, VA- SOUTHAMPTON C(XJNTY, V
FROM 1- 2S%O" US$$ Ap
P,
p
oul
RAILROAD
SITE PLAN L3CATION MAP
OFIET
Entered into record
at commis3ion meat@
on- o?l
by
PROPOSED PIPE
40
so
20
10
PIERS 0
0 MSL
2 2.5 so IQO
PROFILE.
PROPOSED - i RO LAKE GASTON RAW WATER
ON MILL RUONVNEAR THE TOWN SUPPLY LINE
OF SEBRELL, IN SCX)THAMPTON CITY OF VIRGINIA KACH,VA,
COUNTY,VAL JULY, #"3
vA- COUNTYO Vh.
SOUTHAMPTON COUNTY. SOUTHAMPTON
OPOSED
PIPELIO
OL
RAJLROAD
4 400
FIET
ftt,red into reoord
at CIkAssion necting
by
PROPOSED PIPE
31 Kin.
?d ?d
G(
PROPOSED PIER
0 S 10 so 40 FIELY
PROFILE
ING' GAST014 RAW WATER
E LAKE
p SUPPLY LINE
VIOR 871 p
SOU'rHAMPTON COLMTY,VAS CtT'fofVIRGIWABUW,VA.
itly, 1263
mig
4D
LLE
LLS
CL. U C3, -i
=) oc cie -i
VI Li -
ec LLO 2-
ce
LLI
-j
UJ DC
IL tD
ce -
CL ca
U. LLP
2-
W 3-
cz 9L 0-
0.
1-0
La
Rti
F. w41
0
4-
oil
LIA
LAA
tc
LL W
co
o 0
ui
CO
td
IL
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CD 6
0
4) r
1. 0
D L)
4- -
r- 4
0
w
3- Lai
CL
09
CA Li
co ui
c
to CL.
-- d-L 9
t;-CIL2
U. Lhi
0 a
0 c
cr
Lai
LAJ
90
U.
C), 4A
IL
9
C16
a wi
> Ul
>. CD
IF4 d A
L.,j
ui
C2
ai -C @;g
us
cm 33 ;2
LLO
CA 0 - .4
R LO
C) -i
C, tn
la
z
rz
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35
4n C),
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LAA
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3- LLO
=2.c m
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- LIA
dL .4
U. LAA
o
4A
4.1 CL.
SOUTHAMPT-ON COUNTY. VA. SOUTHAMPT-ON 0 1 SLE Of
WIGHT COUNTIES, VA.
RETE
10
PAILROAO ROW
p
-SITE PL
a 200 ET MLES
Entered Irl-o recor-
at on reat@
on-
by_
xl$TIMG GRADE 0 PIPE
4e - odlf4. 1
3c -
21
FXISTWG ORMGIE VIERS
FEET
AD CROS! NG LAKE (3ASTON RA
PRO SUPPLY Litly WATER
ON NEAR T E
TO'f @E,I" city OF VIMMIA SEAC"O VA-
SOUTHAMPTON COLA VA. JUL,(, 1"3 10104
OF WIGHT COUNTY
HAMPTON COUNTY
ER
p
OTHERN RAILROAD ROW
41
at C(
on-
PROPC by
ING GRADE
30'
30
2d
lo'
lo'
O!
-id
BRIDGE
PIERS
50 100 200
FEET
PROFILE
PROPOSED OVERHEAD CROSSING ON LAKE GASTON RAW WATER
SLACKWATER RIVFR,NEARTOWNOF SUPPLY LINE
BURDETTE,SOUTHAMPTON AN()
ISLE OF WIGHT Cot)NTIES CITY OF VIRGINIA BEACH I VA-
JULY, 1983
SEE MAP OF PROPOND F%PELIC
ROIJTE FOR LOCAnom oF
SLOMANNE CFTOSSINGS'
Entered int)
at com:il-
0
LINE t
PLAN
FEET
gpw
GM
0.
-iw
PRI -2d
PROFILE
5 12 &p 40 FEET
MpOSEIDs TYMAL SUBMARINF- LAKE GASTOT# RAN WATElt
CROSSING SUPPLY LINE
CITY OF VIRGINIA BEACH
ff: VARIOUS LOCATION JULY,- 19133.
2L
Lis
-i -C iE
6 94
0
Z 0 0 n%
I
0 z ca - S. o
U. w 2- I . "
in
3z Ei -i
LAKE GASTON WATER SUPPLY LINE
CITY OF VIRGINIA BEACH. VA
PROPOSED PIPE LINE ROUTE THRC S QUADRANGLE-1
GREENSVILLE COUNTY, VA RTH CAROLINA
JULY 1983
0
A
vii APHIC)
GASTON
OF VIRG
PIF
ILLE
1983
4 0
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-27-
Item II-1.11
CONSENT AGENDA IT124 # 20884
Upon motion by Councilman McCoy, seconded by Councilman Heischober, City
Council ADOPTED an Ordinance authorizing and directing the City Manager
to execute an Agreement with ENDEPENDENCE CENTER, INC. to conduct a program
for the elimination of barriers to the employment of persons with dis-
abilities (Emergency Jobs Bill of 1983). (Contract: $50,000)
Voting: 9-0
Council Members Voting Aye:
John A. Baum, Harold Heischober, Vice Mayor Barbara M. Henley,
Mayor Louis R. Jones, Robert G. Jones, W. H. Kitchin, Ill,
Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Nancy A. Creech and H. Jack Jennings
November 7, 1983
-27a-
Requested by the Office of Housing and Community Development:
ORDINANCE AUTHORIZING AND DIRECTING THE
CITY MANAGER TO EXECtiTE AN AGREEMENT WITH
ENDEPENDENCE CENTER, INC. TO CONDUCT A
PROGRAM FOR THE ELIMINATION OF BARRIERS
TO THE EMPLOYMENT OF PERSONS WITH
DISABILITIES
WHEREAS, the City has applied for funds from the U. S.
Department of Housing and Urban Development under the Emergency
Jobs Bill of 1983 (P.L. 98-8); and
WHEREAS, the City has included in its application a
request for funds to conduct a Program for the Elimination of
Barriers to the Employment of Persons with Disabilities; and
WHEREAS, the City expects its funding request to be
approved by the U. S. Department of Housing and Urban Development;
and
WHEREAS, Endependence Center, Inc. represents that it is
qualified and willing to perform the services in connection with
accessability training, training of disabled persons on The
American National Standard Specification on Accessability if such
funds are approved by the U. S. Department of Housing and Urban
Development for this purpose; and
WHEREAS, the City desires to retain the services of
Endependence Center, Inc. to conduct the services in training
referenced above; and
WHEREAS, the Endependence Center, Inc. has agreed to
conduct this training and this service in accordance with the
terms and conditions of a contract for the sum of Fifty Thousand
Dollars ($50,000).
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE
CITY OF VIRGINIA BEACH, VIRGINIA:
That the City Manager is hereby authorized and directed
November 7, 1983
-27b-
to enter into an agreement with Endependence Center, Inc. for the
purposes referenced above and for the terms and conditions more
fully specified in an agreement attached hereto and incorporated
by reference, if such funds are approved by the U. S. Department
of Housing and Urban Development for this purpose.
Adopted by the Council of the City of Virginia Beach,
virginia on the 7th day of November 1983.
DSH/re
10/20/8 3
11/1/83
(ORD F)
-2-
November 7, 1983
CONTRACT TO CONDUCT A PROGRAM FOR THE ELIMINATION OF
BARRIERS TO THE EMPLOYMENT OF PERSONS WITH DISABILITIES
This Agreement, entered into as of the day of
, 1983, is a contract by and between the City of
virginia Beach (hereinafter called CITY) and Endependence Center,
Inc. (hereinafter called ECI).
W I T N E S S E T H:
WHEREAS, the CITY has applied for funds from the U. S.
Department of Housing and Urban Development under the Emergency
Jobs Bill of 1983 (P.L. 98-8); and
WHEREAS, the CITY has included in its application a
request for funds to conduct a Program for the Elimination of
Barriers to the Employment of Persons with Disabilities; and
WHEREAS, the CITY expects its funding request to be
approved by the U. S. Department of Housing and Urban
Development; and
WHEREAS, ECI represents that it is qualified and willing
to perform the services in connection with accessability
training, training of disabled persons on The American National
Standard Specification on Acccessability if such funds are
approved by the U. S. Department of Housing and Urban Development
for this purpose.
NOW, THEREFORE, in connection with these premises and
mutual covenants, promises and representation contained herein,
the two parties do mutually agree to the following.
T E R M S A N D C 0 N D I T I 0 N S
I. Definitions: The following terms are defined as to their
usage in this agreement.
A. 'CITY': Wherever the word 'CITY' appears, it shall
mean the local government in the City of Virqinia Beach, as
represented by its City manager or his designee. Specifically,
the principal City agency responsible for the administration of
this agreement is the office of Housing and Community
Development.
B. Wherever ECI appears, it shall mean Endependence
Center, Inc., located at 855 W. Brambleton Avenue, Norfolk,
Virginia, iepresented by its Executive Director: John A.
Chappell, Jr.
II. Damages: ECI shall be responsible for the professional
quality, technical accuracy and the coordination of all training
activities and the work to be performed by its trainees and
supervisors under THIS AGREEMENT.
Neither the CITY'S review, approval or acceptance of,
nor payment for, any of the services required under THIS
AGREEMENT shall be construed to operate as a waiver of any
rights under THIS AGREEMENT or of any cause of action arising out
of the performance of THIS AGREEMENT, and ECI shall be and remain
liable to the CITY for all damages to the CITY caused by Its
negligent performance of any of the services furnished under THIS
AGREEMENT.
The rights and remedies of the CITY provided for under
THIS AGREEEMENT are in addition to any other rights and remedies
provided by law.
ECI shall indemnify and save harmless the CITY and its
agents, servants, employees and officers from all claims, loss,
damage, injury, liability, costs and expenses of whasoever kind
of nature (including attorney's fees) caused by or resulting
directly or indirectly from ECIIS negligent performance of any of
the services furnished under THIS AGREEMENT; and without limiting
the generality of the foregoing, the same shall include injury or
death to any person or persons and damage to any property,
including that of the CITY, or for breach of warranty by ECI
expressed or implied.
III. Insurance: 1. ECI shall, within ten (10) days from the
date of acceptance of their proposal, file with the CITY
certificates or policies of workmen's compensation and automobile
-2-
liability, satisfactory to the CITY in compliance with the law,
and in form and amount sufficient to properly protect the CITY
and ECI until final acceptance of the services. Each certificate
or policy shall carry the provision that the CITY shall be given
thirty (30) days prior written notice of any cancellation or
material reduction in coverage.
2. ECI shall carry workmen's compensation insurance as
provided by Virginia State Law.
3. ECI agrees to secure, and maintain in effect at all
times during the period THIS AGREEMENT is in effect,
comprehensive general liability insurance at limits not less than
Five Hundred Thousand Dollars ($500,000) combined single limit
and autombile liability insurance at limits not less than Five
Hundred Thousand Dollars ($500,000) combined single limit. Such
insurance shall be written by a company authorized to do business
in the Commonwealth of Virginia, and acceptable to the City.
Proof of insurance shall be submitted to the CITY prior to
beginning work under the contract, and shall be maintained in
full force and effect during the entire term of the contract.
IV. Ownership of Documents: it is understood and agreed by and
between the parties hereto that all survey notebooks, reports,
drawings, studies, calculations, specifications, memoranda,
estimates, computations, etc. produced by ECI in the execution
of THIS AGREEMENT, shall become and remain the property of the
CITY upon termination of completion of the work and the CITY
shall have the right to use same for any public purpose without
compensation to ECI other than as hereinafter provided.
V. General: 1. ECI warrants that they have not employed or
retained any company or person, other than a bona fide employee
working solely for ECI to solicit or secure THIS AGREEMENT, and
that they have not paid or agreed to pay any person, partnership,
corporation or other entity, other than a bona fide employee
-3-
working for ECI, any fee, commission, Percentage, brokerage fees,
gifts, or any other consideration contingent upon or resulting
from the award or making of THIS AGREEMENT. For breach or
violation of this warranty, the CITY shall have the right to
annul THIS AGREEMENT without liability, or in its diseretion to
deduct from THIS AGREEMENT price or consideration, or otherwise
recover the full amount of such fee, commission, percentage
brokerage fee, gift or contingent fee.
2. ECI shall not engage the services of any person or
persons in the present employment of the CITY on any work covered
by THIS AGREEMENT without written permission from the CITY.
3. ECI shall not sublet or assign all or any part of
the work under THIS AGREEMENT without the prior written approval
of the CITY and consent to sublet, assign or otherwise dispose of
any portion of THIS AGREEMENT shall not be construed to relieve
ECI of any responsibility for the fulfillment of THIS AGREEMENT.
4. All questions in dispute under THIS AGREEMENT may be
submitted to arbitration if agreed to in writing by both parties
to THIS AGREEMENT.
5. ECI shall comply with all federal, state and local
laws and ordinances applicable to the work in effect on the
effective date of THIS AGREEMENT.
6. The CITY shall assist ECI by placing at their
disposal all available information pertinent to the project as
soon as practicable after request by ECI for such information.
7. The CITY reserves the right to terminate THIS
AGREEMENT in whole or in part at any time after receipt of
fifteen (15) days advance notice in writing, after which period
ECI shall deliver to the CITY all records, drawings, field notes,
plans or other data completed or partially completed and these
shall become and remain the property of the CITY.
8. In the event THIS AGREEMENT is so terminated,
payment shall be made on@the basis of the actual percent complete
on the effective date of termination.
-4-
Vi. Changes in work: No change in the character or extent of
the work to be performed by ECI and affecting the time or the
compensation shall be made except by supplemental agreement in
writing between the CITY and ECI. The supplemental agreement
shall set f@tth the proposed changes in work, extension of time
for compleiion and adjustment of the compensation to be paid ECI,
if any.
VII. Claims for Extra Compensation: In any case where ECI
believes extra compensation is due for work and services not
clearly covered by THIS AGREEMENT or supplement thereto, ECI
shall promptly notify the CITY in writing of their intention to
make claim for such extra compensation before they begin the work
on which they base their claim.
if such notification is not given, no claim for such
extra compensation will be considered. Such notice by ECI shall
not in any way be construed as proving the validity of the claim.
The claim must be approved by the CITY. in case the claim is
found to be just, it shall be allowed and paid for as extra work
in accordance with the terms of a supplemental agreement entered
into before such work is started.
The costs incurred by ECI in preparing a claim shall be
maintained in a separate account. Such account shall be clearly
coded and identified and shall be subject to audit by the City.
These costs shall become a part of the claim and serve as
documentation thereto. If the claim is allowed and paid, these
costs shall become and be paid as a part of the claimed payment;
if disallowed, the costs of preparing the claim will also be
disallowed. If the claim is allowed and paid in part, the cost
of preparation will be paid on a pro-rata basis.
VIII. Delays: In the event of a substantial delay in progress
of work due to factors other than results of ECI'S operation or
actions, the maximum total compensation payable, net fee and
schedules of completion will be subject to review upon request by
ECI or the CITY, accompanied by adequate substantiating data to
Justify a change. Any consideration given as a result of the
above delays will be made on an individual basis with a study
being made of the influencing factors at the time of each delay.
IX. Scope of Services: ECI shall provide the following services
in a proper and effective manner as determined by the CITY in
connection'with conducting a Program for the Elimination of
Barriers to the Employment of Persons with Disabilities.
A. The Program shall be conducted within the
geographical boundaries of the City of Virginia Beach; for and on
behalf of citizens, organizations, employees and companies
domiciled and/or operating in the City of Virginia Beach.
B. Ariy employment and/or training opportunities
generated as a result of this contract shall be provided to
persons who have been employed 15 of the last 26 weeks as of
March 24, 1983.
C. ECI shall conduct six (6) American Standard
Specification Institute Workshops on the uniform statewide
building codes on accessability. Each workshop shall be four (4)
hours and shall include as a minimum the following organizations
and agencies: Office of Housing and Community Development;
Department of Permits and Inspections; Planning Commission;
Architects and Developers; City Engineer's Office; Housing
Appeals Board; Planning Department; and City Council.
D. ECI shall train twelve (12) disabled citizens of the
City of Virginia Beach on the American.National Standard
Institute's accessability requirements and Plan Review. Each
such trainee shall be scheduled, as requested, to review plans
for the design of public and private facilities to determine the
extent that such plans meet the State Code of Accessability.
Trainee selection shall comply with the requirement of VIII (B).
Trainees shall be provided with stipend wages of $3.50 per hour
while in training. Such stipend wages shall be paid by ECI out
of the total sum of payment made by the City to ECI for services
as referenced in paragraph XVIlr.
-6-
E. ECI shall review all existing City owned and leased
buildings in the City of Virqinia Beach to determine the extent
of such buildings meeting the State Code on Accessability. A
report will be compiled detailinq the degree of accessability of
each building and prioritizing the need for accessability based
on the pot6ntial use of the facility by persons with
disabilities.
P. Upon request, ECI shall provide technical assistance
to public and private organizations on programmatic accessability
to determine to what extent various programs and activities are
accessable or inaccessable to persons with disabilities.
X. Contritct Duration: All services indentified in Section IX, A
through F, shall be completed by June 30, 1984.
XI. Subcontracts: ECI shall not subcontract or otherwise assign
any of the services covered in Sections IX and X without prior
written approval by the CITY. Any approved subcontracting
activities will comply with applicable business opportunity
standards for federally assisted contracts.
XII. Programmatic Reviews: From time to time during the term of
this contract, the CITY may review and evaluate the content,
quality and progress of the program outlined in this document.
As a result of such review and evaluations, the CITY may require
in writing that the scope of services be revised. ECI will
acknowledge such change(s) and indicate how the change(s) is
(are) being implemented.
XIII. Rules and Regulations: All the rules and regulations
promulgated pursuant to, and otherwise applicable to, the
Emergency Jobs Bill of 1983 (P.L. 98-8) are hereby incorporated
by reference. ECI is responsible to the CITY for complying with
those rules and regulations which are applicable to this
contract, as determined by the CITY. The City's Grant Agreement
with the U.S. Department of Housing and Urban Development for the
emergency Jobs Bill shall take precedence over any conflicting
conditions in this contract.
-7-
XIV. Environmental Review: The CITY will meet any environmental
impact, protection, review responsibilities entrusted under the
National Environmental Policy Act of 1969 (Public Law 91-190) and
the regulations issued pursuant thereto.
XV. Contract Records: ECI shall meet the following conditions
on any and all records and documents pertaining to this
contract.
A. Access: ECI hereby grants access to any duly
authorized representative from the CITY, from the Comptroller
General of the United States, from the U.S. Department of Housing
and Urban Development, and any otber relevant Federal agency, to
the records and documents pertaining to this contract which are
in his possession or under his control. Such access shall be for
the express purpose of making audit, examination, excerpts, and
transcriptions thereof.
B. Maintenance: ECI shall preserve and maintain all
contract records and documents for at least three (3) years after
the CITY makes final payment of this contract, after all pending
matters under this contract are closed, or after the time frame
stated in Section X, whichever is later.
XVI. Termination: The CITY and ECI hereby agree to the
following conditions, processes, and rights pertaining to
contract termination.
A. For Cause: The CITY retains the right to terminate
this contract for cause, as determined through standard contract
administration principles and as provided by Law.
B. Funding Disruption: If the City's Emergency Jobs
Bill Grant is terminated, restricted, or otherwise curtailed in
any manner, this contract will terminate automatically on the
date of such action.
C. Noncompliance: If ECI fails to comply with the
rules and regulations referenced in Section XIII, the CM
reserves the right to terminate this contract after a reasonable
attempt to secure compliance.
-8-
D. Notification: If this contract is terminated, the
CITY shall immediately notify ECI in writing. Such notice will
include the effective date, the time, and the reason(s) for the
action, and the identity of a contact person with whom to close
out any pending matters.
E. Settleptent Compensation- The CITY Shall compensate
ECI only for services rendered up to the date and time of the
termination and accepted by the CITY as satisfactory. Such
compensation shall be paid when all pending matters from the
contract are closed out.
XVII. Employee Interest: The CITY hereby certifies that no
knowledge exists which reveals a real or apparent conflict of
interest by any CITY employee participating in the selection,
award, or administration of this contract.
XVIII. Compenjsation: The CITY and ECI agree to the following
terms relating to compensation under this contract.
Contract,Limitation: The total sum of all payments made
by the CITY to ECI for services under this contract are not to
exceed Fifty Thousand Dollars ($50,000). Such sum shall be in
accordance with the approved budget attached hereto and made a
part hereof. This sum shall constitute full and total
compensation for the services identified herein and rendered to
the CITY.
XIX., Method of Payment: The CITY shall pay ECI monthly upon
receipt of an invoice identifying the services for which payment
is sought and detailing the actual expenditures incurred, except
that'the first payment shall be an Advance Payment. The Advance
Payment shall detail the expenditures expected to be incurred for
the month following receipt of the Advance Payment. The Advance
Payment shall be in accordance with the approved budget attached
hereto and made a part of and shall not exceed one-tenth of the
approved budget. Subsequent payments shall be made upon receipt
of an accounting of the use of the advance, accompanied by a
requisition for payment upon which ECI shall identify and certify
the services completed and stating that it is due the funds.
-9-
The CITY shall process all payments within fifteen (15) working
days of receipt.
XX. Contract Entirety: This contract is complete in itself and
forms the entire agreement between the CITY and ECI. Letters
dated June 1, 1983, and July 11, 1983, from Endependence Center,
Inc. are hereby attached and become a part of THIS AGREEMENT. No
changes, alterations, or amendments to this contract may be made
by either party without the express written consent or acceptance
of the other party.
XXI. Counterparts:. This contract shall be executed in three (3)
counterparts, each of which shall be deemed to be an original
contract. One counterpart shall be given to ECI, and the
remaining two counterparts shall be retained by the CITY.
IN WITNESS WHEREOF, the parties of this contract do
hereby execute this document by the signatures of the respective
chief executive officers, as duly authorized.
CITY OF VIRGINIA BEACH ENDEPENDENCE CENTER, INC.
BY- By:
Thomas H. MuehlenBeck
City Manager
Date: Date:
Teste: Attest:
Ruth I
City Clerk
A OVED A CONTENTS: APPROVED AS TO FORM:
Offi,te of Housing and City Attorney
Community Development
APPROVED AS To FUND AVAILABILITY:
Department of Finance
DSH/re
10/10/83
10/14/83
(48.20)
-10-
- 28-
Item II-1.12
CONSENT AGENDA ITEM # 20885
Upon motion by Councilman McCoy, seconded by Councilman Heischober, City
Council ADOPTED an Ordinance, on SECOND READING, to appropriate an amount
of $30,000 to the Ocean Park Volunteer Rescue Squad, Inc. for the purchase
of a new ambulance.
Voting: 9-0
Council Members Voting Aye:
John A. Baum, Harold Heischober, Vice Mayor Barbara M. Henley,
Mayor Louis R. Jones, Robert G. Jones, W. H. Kitchin, IIT,
Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Nancy A. Creech and H. Jack Jennings
November 7, 1983
-28a-
AN ORDINANCE TO APPROPRIATE
AN AMOUNT OF $30,000 TO THE
OCEAN PARK VOLUNTEER RESCUE
SQUAD, INC. FOR THE PURCHASE
OF A NEW AMBULANCE
WHEREAS, the Ocean Park Volunteer Rescue Squad,
Inc., has identified the need to replace an ambulance; and
WHEREAS, a new ambulance which will better serve
the needs of the citizens within the service area will cost
approximately $30,000; and
WHEREAS, the Ocean Park Volunteer Rescue Squad,
Inc., has requested of City Council $30,000 for this purpose
and 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, VIRGINIA:
That funds be appropriated from the General Fund
Balance for an allocation in the amount of $30,000 to the
Ocean Park Volunteer Rescue Squad, Inc., for the purchase
of an ambulance. It is anticipated that these funds will be
repaid on the following schedule:
July 1, 1984 $ 2,500 January 1, 1986 $ 7,500
January 1, i985 2,500 July 1, 1986 7,500
July 1, 1985 2,500 January 1, 1987 7,500
T37o,ooo
This ordinance shall be in effect from the date
of its adoption.
FIRST READING: October 24, 1983
SECOND READING: November 7, 1983
ADOPTED: November 7, 1983
November 7, 1983
-29-
Item II-I.13
CONSENT AGENDA ITEM # 20886
Upon motion by Councilman McCoy, seconded by Councilman Heischober, City
Council APPROVED an Ordinance, on FIRST READING, to accept and appropriate
additional funds of $2,000 for the Clean Community System Program.
Voting: 9-0
Council Members Voting Aye:
John A. Baum, Harold Heischober, Vice Mayor Barbara M. Henley,
Mayor Louis R. Jones, Robert G. Jones, W. H. Kitchin, III,
Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Nancy A. Creech and H. Jack Jennings
November 7, 1983
-29a-
AN ORDINANCE TO AOCEPT
AND APPRDPRUM ADDITIONAL
OF $ 2, 000 FDR THE CMM
COWNITY SY@ P
, City Council approved the sixth yealr funding of the Clean
C@ity Program in the fiscal year 1984 operating budget, and
, the State Departnent of Conservaticn and Eccncmic Devel@
ment, Division of Litter Contrc)l, wi..ll provide additicnal sixth year funds in
the amount of $2,000.
Now, RE, BE iT 0 BY THE COUNCM OF THE CITY OF VIMINIA
BEACH, @INIA:
That the City Manager is hereby authorized to accept the additicnal
funds for the City, and funds are hereby appropriated in the amount of $2,000
for the Clean Ccnmmity SystEm Program, and
BE rr 0 that the appropriaticns be financed by $2,000
Estumted Revenue frcrn the State Depa@t of Cmservation and Ecmcmic
Devel t.
Adopted by the Ccuncil of the City of Virginia Beach cn the day of
1983.
PUBLIC November 7, 1983
FIRST FZ%DING: November 7, 1983
SECOM WM@:
November 7, 1983
-30-
Item II-1.14
CONSENT AGENDA ITEM # 20887
Upon motion by Councilman McCoy, seconded by Councilman Heischober, City
Council APPROVED an Ordinance, on FIRST READING, to accept and appropriate
funds (in the amount of $21,451) from the Southeastern Virginia Areawide
Model Program (SEVAMP).
Voting: 9-0
Council Members Voting Aye:
John A. Baum, Harold Heischober, Vice Mayor Barbara M. Henley,
Mayor Louis R. Jones, Robert G. Jones, W. H. Kitchin, III,
Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Nancy A. Creech and H. Jack Jennings
November 7, 1983
-30a-
AN OIMINANCE TO AND APPROPR=
FUNDS FROM THE SOUTHEASTFM VIRGINIA
AREAWIDE MODEL PROGRAM (@)
the Depar@t of Health has dete=ined a need to ccn-
tinue providing for the health related prcblems of elderly individuals, and
, the Department of Mental Health and Mental Retardaticn
(M/MR) has determined a need to continue providing t@rary substitute care
for elderly individuals whi..le their family rs are absent, and
, the SEVAMP has avarded the Departmnt of Health $28,402
and the Department of M/MR $21,451 to provide their abcyve respective services,
and
WHERFAS, City Council has already included the $28,402 for the
Department of Health in the FY 83-84 operating Budget.
NOW, RE, BE IT O@ BY THE COUNCIL OF THE CITY OF @INIA
BEACH, @INIA:
That the City Manager is hereby authorized and directed to accept
the auard and enter into the necessary ccntractual agr@ts for the city:
funds are hereby appropriated in the amolmt of $21,451 for the Department of
Mental Health and Mmtal Retardation.
BE IT OIMADM that the appropriatims will be f by
$21,451 estimated revenue fran SEVAMP.
PLIBLIC HEARING: November 7, 1983
FIRST FEADIW.: November 7, 1983
SECCND FIADING:
APPpOVED AS TO Col,4TENT
@T
EY
-31-
Item II-1.15
CONSENT AGENDA ITE24 # 20888
Upon motion by Councilman McCoy, seconded by Councilman Heischober, City
Council APPROVED an Ordinance, on FIRST READING, to appropriate funds of
$14,777 and transfer funds of $16,917 to Emergency Medical Services for
Communication Improvements.
Voting: 9-0
Council Members Voting Aye:
John A. Baum, Harold Heischober, Vice Mayor Barbara M. Henley,
Mayor Louis R. Jones, Robert G. Jones, W. H. Kitchin, III,
Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Nancy A. Creech and H. Jack Jennings
November 7, 1983
-3la-
AN ORDINANCE TO APPROPRIATE
FUNDS OF $14,777 AND TRANSFER
FUNDS OF $16,917 TO EMERGENCY
MEDICAL SERVICES FOR COMMUN-
ICATION IMPROVEMENTS
WHEREAS, in its operation the office of Emergency
Medical Services has been exderiencing increasing intcrference
in radio communication, and
WHEREAS, as more frequencies are activated the
interference is expected to become worse and may pose a
serious problem to their emergency rescue efforts in the
future, and
WHEREAS, the office of Emergency Medical Services
is requesting their radio units be equipped with special
equipment i.e. private line conversion and crystal addition,
in order to improve their communications capability and
maintain it at an acceptable level, and
WHEREAS, the total cost for these improvements is
$31,694 and the office of Emergency Medical Services has
identified three revenues sources - the Emergency Coronary
Care Program, the Volunteer Rescue Squads, and the Virginia
State Rescue Squad Assistance Fund - with total fund support
of '@14,777, and
WHEREAS, the remaining funds of $16,917 needed for
the imprnvemerts 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 funds of $14,777 be appropriated
to the o@'fice ol- Emergency Medical Services and $16,917 be
transferred from the General Fund Reserve for Contingencies to
the office of Emergency Medical Services, providing total
funds of $31,694 for the purchase of special equipment to
improve radio communicatio@s cadabilities.
Be it further ordained that the additional appro-
priation of $14,777 be offset by increases of $4,600 in
estimated revenue from the Commonwealth and $10,177 in local
contributions from the Volunteer Rescue Squads and the
Emergency Coronary Care Program.
Adopted by Council of the City of Virginia Beach
on the -day of 19
PUBLIC HEARING November 7, 1983
FIRST READING November 7, 1983
SECOND READING APPROVED AS TO CONTENT
,-@PARTtAENT
A@@T ZFO 'M
-3 2-
Item II-I.16
CONSENT AGENDA ITEM # 20889
Upon motion by Councilman McCoy, seconded by Councilman Heischober, City
Council APPROVED an ordinance, on FIRST READING, to accept and appropriate
a Grant for $5,400 from the Virginia Department of Transportation Safety.
Voting: 9-0
Council Members Voting Aye:
John A. Baum, Harold Heischober, Vice Mayor Barbara M. Henley,
Mayor Louis R. Jones, Robert G. Jones, W. H. Kitchin, ITI,
Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Nancy A. Creech and H. Jack Jennings
November 7, 1983
-32a-
AN ORD TO ACCEPT A
GRANT FOR $5,400 FROM THE
VTMINIA DEP OF
TRANSPORTATION SAFETY AND
TO APPROPPJ= THESE FUNDS
City Counci:l is interested in irrproving traffic safety and
reducirig traffic accidents within the City of virginia Beach; and
, a grant of $5,400 frcfn the Virginia Departmnt of Trans-
POrtaticn Safety is available for these purposes; and
WHEFXAS, no local funds are required.
BE Ir o By THE crry CCUNCIL OF THE CITY OF VIRGTNIA
BEACH that funds fran the above grant be accepted and $5,400 be appropriated to
carry out the EX3I Task force program.
BE IT 0 that estimated revenue fram the federal govem-
nient be increased by $5,400 to finance the appropriaticn.
This ordinance shall be effective fran the date of adopticn.
Adoprted by the Ccuncil of the City of Virginia Beadi cn the day
Of , 1983.
PUBT,IC - November 7, 1983
F@ @ING: November 7, 1983
DEPARTMENT
CITY ATTCRNEY
N-ember 7, 1983
-33-
Item II-I.17
CONSENT AGENDA ITEM # 20890
Upon motion by Councilman McCoy, seconded by Councilman Heischober, City
Council APPROVED an Ordinance, on FIRST READING, to appropriate funds of
$10,000 to the Pendleton Child Service Center for additional supplies,
equipment and alterations.
Voting: 9-0
Council Members Voting Aye:
John A. Batnu, Harold Heischober, Vice Mayor Barbara M. Henley,
Mayor Louis R. Jones, Robert G. Jones, W. H. Kitchin, III,
Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent;
Nancy A. Creech and H. Jack Jennings
November 7, 1983
--33a-
AN ORDINANCE TO APPROPRIATE
FUNDS OF $10,000 TO THE PENDLETON
CHILD SERVICE CENTER FOR ADDITIONAL
SUPPLIES, EQUIPMENT AND ALTERATIONS
WHEREAS, the staff of Pendleton Child Service
Center has engaged in a self-evaluation of the treatment
proarams offered by the Center and has identified modifications
which might further enhance the treatment effectiveness, and
WHEREAS, the two major areas outlined by the staff
for increased emphasis are family therapy and academic
instruction, and
WHEREAS, the staff has identified at a total cost
of $10,000 various supplies, equipment, and alterations needed
to implement the program modifications, and
WHEREAS, the additional funds may be appropriated
from Pendleton's Fund Balance.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF
THE CITY OF VIRGINIA BEACH that funds of $10,000 are hereby
appropriated from Pendleton's Fund Balance to the Pendleton
Child Service Center to provide for various supplies, equipment,
and alterations identified by the Pendleton staff to enhance
the treatment effectiveness of the Pendleton Child Service
Center.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the _day of 1983.
PUBLIC HEARING November 7, 1983
FIRST READING November 7, 1983
SECOND READING
APP@,OVED AS TO CONTENT
SIC'4A!@@
DEPAR-1 IENT
1) A @ 70,F@!,IIA
ci " Y i,TT@'INEY
November 7, 1983
-34-
Item II-1.18
CONSENT AGENDA ITEM # 20891
Upon motion by Councilman McCoy, seconded by Councilman Heischober, City
Council ADOPTED an Ordinance authorizing and directing the City Manager
to execute a Lease Agreement with Virginia Electric and Power Company
for a Substation site between 28th and 29th Streets.
Voting: 9-0
Council Members Voting Aye:
John A. Baum, Harold Heischober, Vice Mayor Barbara M. Henley,
Mayor Louis R. Jones, Robert G. Jones, W. H. Kitchin, ill,
Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Nancy A. Creech and H. Jack Jennings
November 7, 1983
-34a-
AN ORDINANCE AUTHORIZING AND
DIRECTING THE CITY MANAGER TO
EXECUTE A LEASE AGREEMENT WITH
VIRGINIA ELECTRIC AND POWER
COMPANY
WHEREAS, on August 8, 1950, the Town of Virginia Beach,
hereinafter "city", and Virginia Electric and Power C-P-YP
hereinafter "VEPCO", entered an agreement in which VEPCO leased
a certain parcel of land from the city for use as an electric
power substation site; and
WHEREAS, under the terms thereof VEPCO was to pay the
city only $1 annually until the lease's expiration on February
28, 2029; and
WHEREAS, under the terms thereof it has been possible
to negotiate a new lease with more favorable terms;
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE
CITY OF VIRGINIA BEACH, VIRGINIA:
THAT the City Manager is hereby authorized and
directed to sign the attached new lease agreement between the
city and VEPCO providing for annual lease payments of $600 and
a term of ten years commencing September 1, 1983 and expiring
August 31, 1993, with an option to renew for an additional five
years at a to be renegotiated annual lease payment.
This ordinance shall be effective from the date of
its adoption.
ADOPTED: November 7, 1983
November 7, 1983
-35-
Item II I.19
CONSENT AGENDA ITFM # 20892
Upon mation by Councilman McCoy, seconded by Councilman Heischober, City
Council AUTHORIZED the City Manager to enter into the necessary Agreements
for the acquisition of twelve units proposed by American Fire Equipment
Company in the amount of $1,847,150; AND, to arrange for the lease/purchase
financing of this equipment.
Voting: 9-0
Council Members Voting Aye:
John A. Baum, Harold Heischober, Vice Mayor Barbara M. Henley,
Mayor Louis R. Jones, Robert G. Jones, W. H. Kitchin, III,
Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Nancy A. Creech and H. Jack Jennings
November 7, 1983
-36-
Item 11-1.20
CONSENT AGENDA ITEM # 20893
Upon motion by Councilman McCoy, seconded by Councilman Heischober, City
Council AUTHORIZED the City Manager to enter into the necessary Agreements
for the lease/purchase of a magnetic tape cleader/evaluator for the Data
Processing Department ($16,025) with Southern National Leasing Corporation
which offers the most favorable financing proposal with ten semi-annual
payments in arrears at an interest rate of 8.75%.
Voting. 9-0
Council Members Voting Aye:
John A. Baum, Harold Heischober, Vice Mayor Barbara M. Henley,
Mayor Louis R. Jones, Robert G. Jones, W. H. Kitchin, III,
Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Nancy A. Creech and H. Jack Jennings
November 7, 1983
-37-
Item II I.21
CONSENT AGENDA ITEM # 20894
Upon motion by Councilman McCoy, seconded by Councilman Heischober, City
Council AUTHORIZED the City Manager to enter into the necessary Agreements
with Suburban Grading & Utilities, Inc. in the amount of $298,823.62 for
the Small Line Improvements Project - Contract 5 (CIP 5-304) in the
Shadowlawn area of the Virginia Beach Borough.
Voting: 9-0
Council Members Voting Aye:
John A. Baum, Harold Heischober, Vice Mayor Barbara M. Henley,
Mayor Louis R. Jones, Robert G. Jones, W. H. Kitchin, III,
Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Nancy A. Creech and H. Jack Jennings
November 7, 1983
-38-
item II-I.22
CONSENT AGENDA ITEM # 20895
Upon motion by Councilman McCoy, seconded by Councilman Heischober, City
Council APPROVED a Permit for Tidewater Ambulance Service, Tnc. to operate
an Emergency Medical Services agency and vehicle within the City of
Virginia Beach pursuant to Section 10-5 of the City Code. This Permit
would allow interfacility transports (hospital to hospital, hospital to
nursing home and return, etc.) and non-emergency transports (from resi-
dence to above facilities and return) within the City of Virginia Beach.
Voting: 9-0
Council Members Voting Aye:
John A. Baum, Harold Heischober, Vice Mayor Barbara M. Henley,
Mayor Louis R. Jones, Robert C. Jones, W. H. Kitchin, TII,
Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Nancy A. Creech and H. Jack Jennings
November 7, 1983
-39-
Item II-I.23
CONSENT AGENDA ITEM # 20896
Upon motion by Councilman McCoy, seconded by Councilman Heischober, City
Council ADOPTED Ordinances authorizing Tax Refunds upon application of
certain persons and upon certification of the Treasurer for payment in
the amounts of $1,438.07 and $475.99, totaling $1,914.06.
Voting: 9-0
Council Members Voting Aye:
John A. Baum, Harold Heischober, Vice Mayor Barbara M. Henley,
Mayor Louis R. Jones, Robert G. Jones, W. H. Kitchin, III,
Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Nancy A. Creech and H. Jack Jennings
November 7, 1983
-39a-
NO. C.A- 7 10/21/83 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 lnt. Total
Y ear of Tax Numbef tion No. Paid
Mutual Federal S & L 83 RE(1/2) 71631-8 11/24/83 29.64
Manufacturers Hanover Mort 83 RE(2/2) 29470-0 6/5/83 87.44
Woods Corner Assoc Ltd 83 RE(1/2) 89361-6 3/28/83 585.06
Woods Corner Assoc Ltd 83 RE(2/2) 89361-6 6/5/83 573.14
Sharon R Pugh 82 pp 102482-1 8/23/83 11.29
Resource Technology 83 pp 117961-8 5/8/83 151.50
Total 1,438.07
A
LA@V
This ordinance shall be effective from date of adoption.
The above abatement(s) totaling Ce
were approved by
the Counell of the City of Virginia
Beach on the 7 day of -@@3
Jo
Approved as to form:
Ruth Hodges Smith
City Clerk
NO@ C.A. -39b-
10/14/83 EMC
E AUTHORIZING TAX REFUNDS
ATION OF CERTAIN PERSONS
RTIFICATION OF THE TREASURER
BE IT ORDAINED BY T HE CITY OF VIRGINIA BEACH. VIRGINIA:
That the following applications for tax refunds upon certification of the Treasurer are hereby approved:
NAME Tax Type Ticket Exonem oat Penalty I nt. Total
Year
of Tax Number tion No. P aied
e Try Harder Inc 83 pp 150383-9 5/26/83 177.00
hirley J Krueger 83 pp 81260-4 9/2/83 35.27
illel Farms Inc 83 RE(2/2) 49077-5 5/20/83 263.72
Total 475.99
OC[ 1983
LAW
This ordinance shall be effectie f,m date of adoption.
The above abatement(s) totaling Certifli
were approved by
the Council of the City of Virginia
Beach on the 7 day of Nov. 198.3
d as to lorm:
Ruth Hodges Smith
City Clerk
-40-
Item TI-T.24
CONSENT AGENDA ITEM # 20897
Upon motion by Councilman McCoy, seconded by Councilman Heischober, City
Council ADOPTED Ordinances authorizing License Refunds upon application
of certain persons and upon certification of the Commissioner of the Revenue
in the amounts of $1,038.80, 2,186.03, 1,683.24 and $1,793-56, totaling
$6,701.63.
Voting: 9-0
Council Members Voting Aye:
John A. Baum, Harold Heischober, Vice Mayor Barbara M. Henley,
Mayor Louis R. Jones, Robert G. Jones, W. H. Kitchin, IIT,
Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Nancy A. Creech and H. Jack Jennings
November 7, 1983
-40
RM NO. C.A. e
AN ORDINANCE AUTHORIZING LICENSE REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF THE REVENUE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for license refunds, upon certification of the Commissioner of the
Revenue are hereby approved:
NAME L lcense Date Base Penalty Int. Total
Year Paid
aby Bazaar Corp.
25 Northgate Court
a. Beach, VA 23452 Audit 19.22 19.22
ecraft, Sandra P.
717 Baez Court
a. Beach, VA 23464 1983 6/5/83 165.77 165.77
oykin, William W., Jr.
/A R & B Building
009 First Court Road 1982 8/11/82 109.50 109.50
onstruction Management &
Research Corp.
08 W. Freemason St.
orfolk, VA 23510 Audit 744 31
Approved as Irm:
/,C,4
@te Bi@son
This ordinance shall be effective from date of ty Attorney
adoption.
T he above abatemenq s) total i ng I , 0 3 8 - 8 0were approved by the Council
of the City of Virginia Beach on the7day of November 83
Ruth Hodges Smith
City Clerk
v
November 7, 1983
OftM N -40b-
AN ORDINANCE AUTHORIZING LICENSE REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF THE REVENUE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for license refunds, upon certification of the CommisSioner of the
Revenue are hereby approved:
NAME License Date Base Penalty lnt. Total
Year Paid
lass, Suzanne
/A Village Crafts
37 Bangor Avenue
orfolk, VA 23502 1983 10/3/83 25.00 25.00
ray, Diane M.
03 one Main Plaza
orfolk, VA 23510 Audit 130.50 130.50
inor Emergency Clinic, Ltd.
. 0. Box 61695
598 Broad Street
a. Beach, VA 23462 Audit 2,030.53 2,030.53
Cer t@yment:
Ivan D. Mapp aw
Cc)mmissioner of Revenue
Ap orm:
@ A,,. -., @. I
e Bimion
This ordinance shall be effective from date of y Attorney
adoption.
The above abatemengs) totaling $2 , 186 . 03 were approved by the Council
of the City of Virginia Beach on the7 day of November 83
Ruth Hodges Smith
City Clerk
November 7, 1983
FORM NO. C
-40c-
AN ORDINANCE AUTHORIZING LICENSE REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF THE REVENUE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for license refunds, upon certification of the Commissioner of the
Revenue are hereby approved:
NAME License Date Base PenaltV lnt. Total
Year Paid
Mt- Rushmore Enterprises of Va., Ltd.
215 Haygood Road
Va. Beach, VA 23455 1983 9/29/R3 42.25 42.25
Omni Sports, Inc.
T/A Ski Center
724 First Colonial Rd.
Va. Beach, VA 23451 1983 7/14/83 640.99 6AO.09
Roses Stores, Inc.
T/A Regal Studio
P. 0. Box 947, P. H. Rose Bldg.
Henderson, NC 27536 Audit 1,000.00 1,000.00
c ent:
Ivan D. Mapp
Commissioner of Revenue
Approved as to form:
This ordinance shall be effective from date of
adoption.
The above abatemengs) totalind 1,683,24 wero approved by the Council
of the City of V.Irglnia Beach on the 7 day of November 19 83
Ruth Hodges Smith
City Clerk
November 7, 1983
RfA NO. C.A. a
-40d-
AN ORDINANCE AUTHORIZING LICENSE REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF THE REVENUE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for Ilcense refunds, upon certificatIC)n of the Commissioner of the
evenue are hereby approved:
NAME L lcense Date Base Penalty lnt. Total
Year Paid
nited Feature Syndicate, Inc.
/A Snoopy Place #2
100 Central Trust Tower
incinnati, Ohio 45202 Audit 227.31 227.31
lla inn, Inc.
16 Virginia Beach Blvd.
Beach, VA 23462
Varieties 1983 7/15/83 1,566'.25 1,566.25
v nue
Appr,oved a
n
Thls ordinance shall be effective from date of
adoption. L
The above abatemengs) totaling $1 713 . 56 were approved by the Council
f the City of Virglnia Beach on the7day of November 8@
uth Hodges Smith
I ty Clerk
November 7, 1983
-41-
Item II-J.1
PLANNING - RECONSIDERATION ITEM # 20898
Upon motion by Councilman Jennings, seconded by Councilman McCoy, City
Council voted to DEFER for one week (to November 14, 1983) a request for
RECONSIDERATION of a condition approved in the application of SUNSTREAM
PARK for a Change of Zoning from B-2 to R-8 approved by City Council
December 18, 1978. (City Council agreed to reconsider this request of
Mr. Edward Garcia on October 24, 1983.) Neither the applicant nor a
representative was present this date; consequently, the item was deferred
to November 14, 1983.
Voting: 7-3
Council Members Voting Aye:
John A. Baum, Harold Heischober, Vice Mayor Barbara M. Henley,
H. Jack Jennings, Mayor Louis R. Jones, Robert G. Jones,
J. Henry McCoy, Jr., D.D.S.
Council Members Voting Nay:
W. H. Kitchin, 111, Reba S. McCianan, Meyera E. Oberndorf
Council Members Absent:
Nancy A. Creech
November 7, 1983
-4 2-
Item TI-K.1
PLANNING ITEM # 20899
Attorney Carollynn Cox represented the applicants.
Floyd Swartz, one of the applicants, spoke.
Glenn Skinner, Lakeview Shores resident, was in favor of the application.
Opposition:
Attorney Carlton Bennett represented neighbors in Lakeview Shores.
Dora Mullens, area resident.
Paula Plante, area resident.
A motion to approve the application of FLOYD SWARTZ, WILLIAM H. BARBA and
JAMES L. MTLLTGAN for a variance to Section 4.4(b) of the Subdivision
Ordinance was made by Councilman Heischober, seconded by Councilwoman Creech.
Upon SUBSTITUTE MOTION by Councilman Robert Jones, seconded by Councilwoman
McClanan, City Council DENIED the following application;
Appeal from decisions of Administrative Officers in
regard to certain elements of the Subdivision
Ordinance, Subdivision of Floyd Swartz, William H.
Barba, and James L. Milligan. Property located on
the southeast side of Lakeview Drive, 1050 feet
more or less southwest of Bromfield Avenue. Plats
with more detailed information are available in the
Department of Planning. BAYSIDE BOROUGH.
Voting: 6-5 (SUBSTITTJTE MOTION TO DENY)
Council Members Voting Aye:
Vice Mayor Barbara M. Henley, Mayor Louis R. Jones, Robert C. Jones,
W. H. Kitchin, TII, Reba S. McClanan, Meyera E. Oberndorf
Council Members Voting Nay:
John A. Baum, Nancy A. Creech, Harold Heischober, H. Jack Jennings,
J. Henry McCoy, Jr., D.D.S.
Council Members Absent:
None
November 7, 1983
-43-
Item II-K.2
PLANNING ITEM # 20900
Attorney Grover Wright represented the applicants.
The City Clerk called attention to the corrected Ordinance submitted to
City Council.
Upon motion by Councilman Kitchin, seconded by Councilman Baum, City
Council APPROVED, subject to Final Adoption, an Ordinance vacating and
discontinuing a portion of an alley 20, x 150' located on the west side
of Arctic Avenue, south of 33rd Street (Virginia Beach Borough) in the
petition of ARTHUR S. KREGER, SHIRLEY K. LEVIN, RUTH S. KREGER, PARKER-
SPARKS, INC., and ROGER W.MILLER.
Approval subject to:
1. Resolution of the problem regarding ownership of the underlying
fee.
2. Resubdivision of and incorporation of the closed area into
adjoining property to avoid the creation of nonconforming
lots and to insure that all lots have access to a public
street.
3. The closure of this right-of-way shall be contingent upon
compliance with the above-stated conditions within 180 days
of the approval by City Council.
It has been determined by the City Attorney that the ultimate disposition
of this property may be by sale.
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. McCianan,
J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
November 7, 1983
-43a-
CITY OF VIRGINIA BEACH
TO (ORDINANCE OF VACATION
ARTHUR S. KREGER, et al.
SHIRLEY K. LEVIN, et al.
RUTH S. KREGER, et al.
PARKER-SPARKS, INC., et al.
ROGER W. MILLER, et al.
AN ORDINANCE VACATING AND DISCONTINUING
A PORTION OF AN ALLEY 20' x 1501 'IN VIRGINIA BEACH
BOROUGH, IN THE CITY OF VIRGINIA BEACH, VIRGINIA
WHEREAS, proper notice of the intended application
of the applicants, Arthur S. Kreger, Shirley K. Levin, Ruth
S. Kreger, Parker-Sparks, Inc., and Roger W. Miller, to be
presented to the City Council of the city of virginia Beach,
Virginia, on the 7th day of November , 1983, for the
vacation of the hereinafter described alley in the City of
Virginia Beach, Virginia, was on the 27th day of September,
1983, and on the 4th day of October, 1983, duly published
twice with six days elapsing between the two publications
in a newspaper published or having general circulation in
the City of Virginia Beach, Virginia, specifying the time
and place of hearing at which affected persons might appear
and present their views, in conformity with the manner
prescribed by Code of Virginia, Section 15.1-364, for the
institution of proceedings for the vacation of an alley 201
x 150'; and
WHEREAS, said application was made to the City
Council of the City of Virginia Beach, Virginia, on the
10th day of October, 1983, and in conformity with the
manner prescribed by Code of Virginia, Section 15.1-364, for
the conduct of such proceedings, the City Council of the City
of Virginia Beach, Virginia, on the 10 day of October, 1983,
appointed Robert J. Scott David Grochmal and
C. Oral Lambert, Jr. , as viewers to view such street and
report in writing whether in their opinion any, and if
any, what inconvenience would result from discontiuing the
November 7, 1983
-43b-
same, and said viewers have made such report to the City
Council of the City of Virginia Beach, Virginia; and
WHEREAS, from such report and other evidence, and
after notice to the land proprietors affected thereby, along
the alley 20' x 150' proposed to be vacated, it is the
judgment of the City Council of the City of Virginia Beach,
Virginia, that these proceedings have been instituted,
conducted and concluded in the manner prescribed by Code of
Virginia, Section 15.1-364, that no inconvenience would
result from vacating and discontinuing the portion of said
alley, and that the portion of said alley should be vacated
and discontinued;
NOW, THEREFORE, BE IT ORDAINED by the Council of
the City of Virginia Beach, virginia:
1. That the following portion of an alley 20' x
1501 in the Borough of Virginia Beach, in the City of
Virginia Beach, Virginia, be and the same is hereby vacated
and discontinued:
All that certain piece or parcel of land
situate, lying and being in the City of
Virginia Beach, State of Virginia, designated
as that portion of a 20' alley or lane in
Block 105 on that certain plat entitled
"Map of Linkhorn Park, Property of virginia
Beach Development Company and Adjacent
Properties," which plat is recorded in
the Clerk's Office of the Circuit Court
of the City of Virginia Beach, Virginia,
in Map Book 5, at page 151, fronting 201
on the western side of Arctic Avenue and
running back between parallel lines 1501;
its northern line being the southern line
of Lota 11, 12 and 13 in said Block 105;
and its southern line being the northern
line of Lots 1, 2 and 3 in said Block 105;
and as shown on the plat attached entitled
"Street Closure Plat, Portion of 20' Alley
Located Between 32nd St. & 33rd St. and
West of Artic Avenue, Recorded in Block 105,
Map of Linkhorn Park, Property of Virginia
Beach Development Co. and Adjacent Properties,
M.B. 5, Pt. 2, P. 157, Virginia Beach Borough,
Virginia Beach, Va." dated June 15, 1983,
made by Gallup Surveyors & Engineers, Ltd.
2. A certified copy of this ordinance of vacation
shall be recorded as deeds are recorded and indexed in the
name of the City of Virginia Beach, Virginia, as grantor,
and in the name of Arthur S. Kreger, Shirley K. Levin, Ruth
November 7, 1983
-43c-
S. Kreger, Parker-Sparks, Inc., and Roger W. Miller as
grantees, in the Clerk's Office of the Circuit Court of the
City of Virginia Beach, Virginia, at the expense of the
applicants.
3. This Ordinance shall be effective thirty (30)
days from the date of its passage.
Certified to be a true and exact copy of an
ordinance adopted by the City Council of the City of
Virginia Beach, Virginia, at its regular meeting held
on the - day of -, 198 .
TESTE: RUTH SMITH, CITY CLERK
By
City Clerk
November 7, 1983
-44-
Item II-K.3
PLANNING ITEM # 20901
Attorney Richard Guy represented the applicant.
john Slidell spoke in behalf of the applicant.
Attorney Donald H. Rhodes, applicant, spoke from the audience.
Opposition:
Attorney Glen Croshaw represented owners of Thalia Gardens Apartments, and
presented correspondence to Council Members (hereby made a part of the
record).
Upon motion by Councilman McCoy, seconded by Councilman Jennings, City
Council APPROVED, subject to final approval, an Ordinance closing, vacating
and discontinuing portions of Ve-n@.@ ani. Avene, Maryland Avenue,
Virginia Avenue, West Virginia Avenue and First Street (Kempsville Borough)
in the petition of OXFORD DEVELOPMENT ENTERPRISES, INC.
Approval subject to:
1. All interior lot lines shall be vacated in order to assure
that no lots lack frontage on a dedicated public street.
2. The clcsure of this right-of-way shall be contingent upon
compliance with all conditions within 180 days of approval
by City Council.
3. Proof of ownership of all properties affected by these
closures is required (required previously as a condition of
the street closures granted on December 13, 1976).
4. An easement is required over an existing eight-inch water
line located in Maryland Avenue.
5. Second Street is to be improved in accordance with City
standards. The cost of these improvements shall be at the
expense of the applicant.
It has been determined by the City Attorney that the disposition of this
property may not be by sale.
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
November 7, 1983
-44a-
ORDINANCE NO.
IN THE MATTER OF CLOSING, VACATING AND
DISCONTINUING PORTIONS OF PENNSYLVANIA
AVENUE, MARYLAND AVENUE, VIRGINIA AVENUE,
WEST VIRGINIA AVENUE AND FIRST STREET
AS SHOWN ON PLAT ENTITLED "Midway,
Property of Noranne Realty Corp. Located
on London Bridge Road at Rosemont", A COPY
OF WHICH PLAT IS ATTACHED HERETO
WHEREAS, it appearing by affidavit that proper notice has
been given by Oxford Development Enterprises, Inc., that it would
make application to the Council of the City of virginia Beach,
Virginia, on I to have the hereinafter
described portions of streets discontinued, closed, vacated; and
WHEREAS, it is the judgment of the Council that said
street be discontinued, closed, and vacated;
NOW, THEREFORE,
SECTION I
BE IT ORDAINED by the Council of the City of virginia
Beach, Virginia, that the hereinafter described portions of streets
be discontinued, closed, and vacated:
with reference to that certain plat entitled
"Midway, Property of Noranne Realty Corp.
located on London Bridge Road at Rosemont",
dated March 17, 1925, made by C.R. Mclntire,
Engineer, and recorded in the office of the
Clerk of the Circuit Court of the City of
virginia Beach, Virginia, in map Book 7, at
page 130:
Pennsylvania Avenue from the southerly line of
Bonney Road to a point between the northerly
lines of Lot 13, in Block 7, and Lot 13, in
Block 8.
Maryland Avenue from the southerly line of
Bonney Road to the northerly line of Second
Street.
virginia Avenue from the southerly line of
Bonney Road to the northerly line of Second
Street.
West Virginia Avenue from the southerly line
Y. CROMWELL, BETZ of Bonney Road to the northerly line of First
LUSTIG, P.C. Street and from a point opposite the northerly
... Ell T I.W line of Lot 13, in Block 11, to the northerly
line of Second Street.
November 7, 1983
-44b-
First Street from the westerly line of West
Virginia Avenue, to a point approximately 154
feet west of the westerly line of Pennsylvania
Avenue, said point being at the line of property
generally known as Thalia Garden Apartments.
SECTION II
A certified copy of this ordinance shall be filed in the
office of the Circuit Court of the City of Virginia Beach, indexed
in the name of the City of Virginia Beach, as grantor.
SECTION III
Y, CROMWELL, BETZ
& LUSTIG, P.C.
2 N.vember 7, 1983
-44c-
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CERTIFICATE OF VESTING OF TITLE
I, Richard D. Guy, attorney for Oxford Development
Enterprises, Inc., do hereby certify that:
1. I am an attorney at law and represent the Petitioner,
Oxford Development Enterprises, Inc.
2. That based upon my examination of Berks Title Insur-
ance Binder No. 32710050 as endorsed, and a letter from that company,
copies of which are attached hereto, it is my opinion that if the por-
tions of streets sought to be closed are discontinued, closed and vacated
by the council of the City of Virginia Beach, Virginia, then title to said
streets will vest in Oxford Development Enterprises, Inc. once it has taken
title to the adjacent lots pursuant to purchase contracts and options to
purchase. Title will so vest because the Petitioner will be the owner of
the underlying fee in the streets and because it will be the owner of the
fee in all adjacent property.
3. The portions of street referred to herein are described
as follows:
With reference to that certain plat entitled
"Midway, Property of Noranne Realty Corp.
located on London Bridge Road at Rosemont",
dated Marcti 17, 1925, made by C. R. Mclntire,
Engineer, and recorded in the Office of tile
Clerk of the Circuit Court of the City of
Virginia Beach, Virginia, in Map Hook 7, at
page 130:
Pennsylvania Avenue from the southerly line
of Bonney Road to a point between the northerly
lines of Lot 13, in Block 7, and Lot 13, in
Block 8.
Maryland Avenue from the southerly line of
Bonney Road to the northerly line of Secon(J
Street.
Virginia Avenue from the southerly line of
Bonney Road to the northerly line of Second
Street.
November 7, 1983
-44d-
Guy. CROMWELL. BETZ & LUSTIO
West Virginia Avenue from the southerly
line of Bonney Road to the northerly line
of First Street and from a point opposite
the northerly line of Lot 13, in Block 11,
to the northerly line of Second Street.
First Street from the westerly line of West
Virginia Avenue, to a point approximately
154 feet west of the westerly line of
Pennsylvania Avenue, said point being at the
line of property generally known
Garden Apartments.
Guy L
November 7, 1983
-45-
item II-K.4
PLANNING TTEM # 20902
Upon motion by Councilman McCoy, seconded by Councilman Heischobet, City
Council APPROVED the widening of Independence Boulevard to eight (8)
lanes from Jeanne Street to Edwin Drive (relative to the Ordinance to
amend the MASTER STREET AND HIGHWAY PLAN dated December 16, 1974). A
Public Hearing was held on this matter on October 24, 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, TTI, Reba S. McClanan,
J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
November 7, 1983
-45a-
AN ORDINANCE TO AMEND
THE MASTER STREET AilD HIGHWAY PLAN
DATED DECEMBER 16, 1974
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the Master Street and Highway Plan dated December 16, 1974, is
hereby amended as follows:
1. Increase Independence Boulevard to a 160-foot right-of-way
from Jeanne Street to Holland Road. Remove the scenic ease-
nent from Baxter Road to Holland Road.
2. Relocate Baxter Road between VEPCO right-of-way and Independence
Boulevard to intersect Independence at Kenner Lane.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
day of 1983.
APPRO@ AS TO CCF-',Tr-NT
November 7, 1983
-46-
Item II-K-4
PLANNING ITEM # 20903
Upon motion by Councilman McCoy, seconded by Councilman Heischober, City
Council DEFERRED to November 14, 1983 the relocation of Baxter Road
(relative to the Ordinance to amend the MASTER STREET AND HIGHWAY PLAN
dated December 16, 1974) (per the proposal presented by Councilman McCoy
which is hereby made a part of the proceedings) for a study by the Traffic
Engineering Department.
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
November 7, 1983
-46a-
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-47-
Item II-K.5
PLANNING ITEM # 20904
James H. Capps represented himself.
Upon motion by Councilman Kitchin, seconded by Councilman Baum, City
Council ADOPTED an Ordinance to authorize a temporary encroachment into
a portion of the right-of-way of Oceanfront Avenue to the Breackers
Resort Inn at Atlantic Avenue and 16th Street in the petition of
MR. AND MRS. JAMES H. CAPPS.
The following conditions will be met:
1. The owner agrees to remove the encroachment when notified
by the City, at no expense to the City.
2. The owner agrees to keep and hold the City free and harmless
of any liability as a result of this encroachment.
3. The owner agrees to maintain said encroachment so as not to
become unsightly or a hazard.
4. Approval covers balconies only (does not include any type of
roof overhangs).
5. An agreement shall be executed encompassing the above condi-
tions by the owner.
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, J. Henry McCoy, Jr., D.D.S.,
Meyera E. Oberndorf
Council Members Voting Nay:
Reba S. McClanan
Council Members Absent:
None
November 7, 1983
-47a-
AN ORDINANCE TO AUTHORIZE A TEMPORARY
ENCROACHMENT INTO A PORTION OF THE
RIGHT-OF-WAY OF OCEANFRONT AVENUE
TO THE BREAKERS RESORT INN
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That pursuant to the authority and to the extent
thereof contained in Section 15.1-893, Code of Virginia, 1950, as
amended, the Breakers Resort Inn is authorized to construct and
maintain a temporary encroachment into a portion of the City
right-of-way of Oceanfront Avenue.
That the temporary encroachment herein authorized is
for the purpose of constructing 3 foot cantilevered balconies
connected to the Breakers Resort Inn located at the southeast corner
of 16th Street and Atlantic Avenue and that said 3 foot cantilevered
balconies shall be constructed in accordance with the City of
Virginia Beach Public Works Department's specifications as to size,
alignment and location, and further that such temporary encroachment
is more particularly described as follows:
An area of encroachment into a portion of
the City's right-of-way known as
Oceanfront Avenue, as shown on that
certain plat entitled: 'PHYSICAL SURVEY
100 x 1501 PARCEL LOCATED AT SOUTHEAST
INTERSECTION OF ATLANTIC AVENUE AND 16th
STREET BEING A PART OF THE BLOCK LABELED
'CASINO' VIRGINIA BEACH DEVELOPMENT CO.,'
a copy of which is on file in Department
of Public Works and to which reference is
made for a more particular
description.
PROVIDED, HOWEVER, that the temporary encroachment
herein authorized shall terminate upon notice by the City of
Virginia Beach to any officer of the Breakers Resort Inn and
within thirty (30) days after such notice is given, said
encroachment shall be removed from the City right-of-way of
Oceanfront Avenue by the Breakers Resort Inn and that the
Breakers Resort Inn, its assigns and successors shall bear all
costs and expenses of such removal.
November 7, 1983
-47b-
And PROVIDED FURTHER, that it is expressly understood
and agreed that the Breakers Resort Inn, its assigns and
successors in title shall indemnify and hold harmless the City of
Virginia Beach, its agents and employees from and against all
claims, damages, losses, and expenses including reasonable
attorney's fees in case it shall be necessary to file or defend
an action arising out of the location or existence of such
encroachment; and
PROVIDED FURTHER, this ordinance shall not be in effect
until such time that the Breakers Resort Inn executes an
agreement with the City of Virginia Beach encompassing the
afore-mentioned provisions and other provisions deemed
appropriate by the City Attorney.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the 7 day of November 19 83
MES/re
11/3/83
(29G)
APP'@@',
-2-
November 7, 1983
-48-
Item II-K.6
PLANNING ITEM # 20905
Applicant Roy Bonney represented himself and presented a petition bearing
signatures of neighbors favoring the application. Said petition is hereby
made a part of the record.
Upon motion by Councilman Jennings, seconded by Vice Mayor Henley, City
Council ADOPTED a Resolution authorizing the enlargement of a nonconforming
structure located at 2752 Ocean Shore Avenue and owned by ELVIE ROY BONNEY
and MARDEL W. BONNEY.
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, Reba S. McClanan, J. Henry McCoy, Jr., D.D.S.,
Meyera E. Oberndorf
Council Members Voting Nay:
W. H. Kitchin, III
Council Members Absent:
None
November 7, 1983
-48a-
RESOLUTION AUTHORIZING THE ENLARGEMENT
OF A NONCONFORMING STRUCTURE LOCATED
AT 2752 OCEAN SHORE AVENUE AND OWNED
BY ELVIE ROY BONNEY AND MARDEL W. BONNEY
WHEREAS, Elvie Roy Bonney and Mardel W. Bonney
desire to construct an approximately 1,000 square-foot addition
to their duplex located at 2752 Ocean Shore Avenue, Virginia
Beach, virginia, as shown on the attached survey entitled
'PHYSICAL SURVEY OF LOT 402, CAPE STORY BY THE SEA, PLAT*2 FOR
WILEY A HINSON VIRGINIA BEACH, VIRGINIA," dated December 13,
1963, hereinafter the "Survey"; and
WHEREAS, the existing structure does not conform to the
provisions of the Comprehensive Zoning Ordinance because duplexes
are not allowed in the R-6, Residential District; and
WHEREAS, pursuant to S105(d) of the Comprehensive
Zoning Ordinance, City Council may authorize the enlargement of a
nonconforming structure if Council finds that the structure as
enlarged is equally appropriate or more appropriate to the zoning
district than is the existing nonconformity.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE
CITY OF VIRGINIA BEACH, VIRGINIA:
That City Council hereby finds that the enlargement of
the nonconforming duplex, located at 2752 Ocean Shore Avenue,
Virginia Beach, Virginia, as shown on the Survey, which is herein
incorporated by reference, is equally appropriate or more
appropriate to the zoning district in which it is located than
is the existing nonconformity, and the City Council herein
authorizes the enlargement oE the nonconforming structure in the
manner shown on the attached survey.
Adopted by the Council of the City of Virginia Beach,
virginia, on November 7. 1983
CMS/CJ/da
1 0/2 7/8 3
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November 7, 1983
-49-
Item II-L.1
APPOINTMENTS ITEM # 20906
Appointments were RESCHEDULED.
November 7, 1983
-50-
Item TT-M.1
UNFINISHED BUSTNESS ITEM # 20907
Upon motion by Councilman Jennings, seconded by Councilman McCoy, City
Council RESCHEDULED, for a regular meeting of City Council, not to exceed
two weeks (November 21, 1983), the proposed reinstatement of OLD DONATION
PARKWAY and the extension of Indian Lakes and South (Southern) Boulevards,
for the Staff's status report and estimate of costs involved.
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
November 7, 1983
-51-
Item II-N.1
NEW BUSINESS ITEM # 20908
Councilwoman Oberndorf requested the City Manager to advise her as to the
date of closure of GOODMAN ROAD (Newsome Farms area).
November 7, 1983
-52-
Item II-N.2
NEW BUSINESS ITEM # 20909
ADD-ON
The City Clerk requested Council's pleasure reference the letter of
October 10, 1983 from Honorable Thomas C. Broyles in the application
of COLONIAL-LASKIN ASSOCIATES, LTD. (a Change of Zoning approved by
City Council on October 10, 1977).
By consensus, the City Clerk was asked to schedule this matter for the
regular Agenda November 14, 1983.
November 7, 1983
-53-
item II-0.1
RECESS INTO EXECUTIVE
SESSION/ADJOURNMENT ITEM # 20910
Upon motion by Councilman Jennings, seconded by Councilman Baum, City
Council voted to RECESS into EXECUTIVE SESSION at Four Forty-Five in
the afternoon, after which to ADJOURN.
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, IIII Reba S. McClanan,
J. Henry McCoy, Jr., D.D.St, and Meyera E. Oberndorf*
Council Members Voting Nay:
None
Council Members Absent:
None
*Verbal aye.
November 7, 1983
-54-
Item II-0.1
ADJOURNMENT ITEM # 20911
By consensus, City Council adjourned the mee-ting It Five Fifty in the
afternoon.
'M. Keic@
n
'Jr uty City Clerk
@uth Hodges STnith, CMC
City Clerk
City of Virginia Beach
Virginia
/jk
November 7, 1983