SEPTEMBER 6, 1983 MINUTES
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"WORLD'S LARGEST RESORT CITY"
CITY COUNCIL
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CITY COUNCIL AGENDA
September 6, 1983
Briefing: 11:00 a.m. - U. S. Navy's new Air Cushioned Vehicles
ITEM I INFOIUIAL SESSION: 11:30 a.m.
A. CALL TO ORDER - Mayor Louis R. Jones
B. ROLL CALL OF COUNCIL
C. MOTION TO RECESS INTO INFO[OIAL/EXECUTIVE SESSION
D. PPESENTATION/DISCUSSION OF PERTINENT IIATTERS
1. Matters for discussion bv Mayor.
2. Matters for discussion by Council.
E. CITY @IANA(;ER'S ADMINISTRATIVE ITE4S:
1. Industrial Revenue Bonds Presentation
2. Discussion of Ordinances on Formal Agenda to Bring
City Code inlo Conf r@ity with State Code
3. Request of Atlantic Shores Baptist Church to Expedite
Use Permit Application
4. Review of Consent Agenda
ITEM II FORMAL SESSION: 2:00 p.m.
A. INVOCATION: Reverend David C. Tysinger
Pastor
Aragona Church of Christ
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 August 22, 1983.
E. PRESENTATION:
1. Silver Haired Legislature
a. Beulah Humphries (7th Senatorial District)
b. Sam Houston (8th Senatorial District) and President
Pro Tempore
C. Clifton Golden (81st House District)
d. Mary Ellen Cox (82nd House District) and Speaker of
the House
e. Harold Curtis (83rd House District)
f. W. J. Woolard (84th House District)
g. Ethelyne Kristo (85th House District)
F. PUBLIC HEARING
1. Ordinance to accept grants of $177,147 from State Aid
to Public Libraries and $8,453 from Federal Aid to
Public Libraries and to appropriate these funds.
2. Ordinance to accept a Federal Grant of $30,188 to aid
the unemployed and to appropriate these funds.
3. Ordinance to appropriate $2,403,529 for fiscal year
1983 for the payment of purchase orders brought
forward from fiscal 1983
4. Ordinance to appropriate funds of $109,000 to
Tidewater Virginia Alcohol Safety Action Program
for computer and other equipment
5. Ordinance to accept $740,000 from the Department of
Housing and Urban Development and to appropriate these
funds for certain projects and purposes
G. RESOLUTIONS - INDUSTRIAL DEVELOPMENT REVENUE BONDS.
1. Resolution approving the Issuance of Industrial Development
Revenue Bonds for Kenstock Associates ($350,000).
2. Resolution approving the Issuance of Industrial Development
Revenue Bonds for Ocean Plaza Associates ($1,000,000).
3. Resolution approving the Issuance of Industrial Development
Revenue Bonds for BPC Associates ($1,885,000).
ITEM II H. 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 recognizing Virginia Beach residents who
participated in the Silver Haired Legislature
August 7-10, 1983.
2. Resolution in support of pending Federal legislation
that would reduce liability of cities in certain
civil suits.
3. Resolution authorizing the City Manager to proceed with
the selection and obtain the services of an engineering
firm for preliminary engineering work for the Atlantic
Avenue Beautification Project.
4. Resolution extending the date for commencement of
construction, from September 30, 1983 to August 30, 1985,
by the Virginia Beach Arts Center of a facility dedicated
to the furtherance and appreciation of the arts for the
public benefit.
5. Resolution authorizing the City Manager to execute an
agreement with Tidewater Builders' Association to conduct
a building maintenance pre-apprenticeship training program.
6. Ordinances to amend and reordain the Code of the City of
Virginia Beach to comply with the State Code:
a. Section 21-206, pertaining to vehicle size, weight
and load; combinations of vehicles
b. Section 21-205, pertaining to special permits for
oversize and overweight vehicles
C. Section 21-371, pertaining to parking in space
reserved for handicapped persons
d. Section 21-144, pertaining to head lamps on
motorcycles
e. Section 21-311, pertaining to reckless driving; speed
f. Section 21-338, subsections (B) and (E), pertaining to
driving while under influence of alcohol or drug
g. Sections 21-340 and 21-341, pertaining to driving
while under the influence of alcohol or drug
h. Section 21-5, pertaining to motor vehicle and traffic code
i. Section 21-380, pertaining to removal of vehicles from
parking lots, buildings, etc.
ITEM IT H. CONSENT AGENDA, (Cont'd)
7. Ordinance to add a section 35-2.1 to Article I of
Chapter 35 of the Code of the City of Virginia Beach
pertaining to a fee for additional tax bills.
8. Ordinance to amend and reordain Article II, Division 2,
Sections 32-27 subsection (A), 32-28 and 32-30 of the
Code of the City of Virginia Beach relating to permits
for going out of business sales.
9. Ordinance, on SECOND READING, to appropriate funds
of $1,708,677 to establish a School Textbook Rental
Fund FY 1983-84 Budget.
10. Ordinance, on SECOND READING, to accept a Federal
Grant of $28,687 and appropriate these funds for
an Employment Services Program.
AND
Ordinance, on SECOND READING, to accept a Federal
Grant of $17,598 and appropriate these funds for an
Emergency Food and Shelter Program.
11. Ordinance, on SECOND READING, to accept and appropriate
$13,450 from the Virginia Family Violence Prevention
Program.
12. Ordinance, on SECOND READING, to accept and appropriate
$2,166 from the Virginia Department of Transportation
Safety.
13. Ordinance, on SECOND READING, to accept a Grant Award
from the Department of Corrections totaling $2,000
and to appropriate these funds for the Virginia Beach
Community Diversion Program.
14. Ordinance, on FIRST READING, to appropriate funds of
$3,529,130 for City of Virginia Beach School Programs
funded by special Categorical Grants for school year
1983-84. (Public Hearing was held August 22, 1983)
15. Ordinance, on FIRST READING, to accept grants of
$177,147 from State Aid to Public Libraries and
$8,453 from Federal Aid to Public Libraries and to
appropriate these funds.
16. Ordinance, on FIRST READING, to accept a Federal
Grant of $30,188 to aid the unemployed and to
appropriate these funds.
17. Ordinance, on FIRST READING, to appropriate
$2,403,529 for Fiscal Year 1983 fro the payment of
purchase orders brought forward from Fiscal 1983.
18. Ordinance, on FIRST READING, to appropriate funds
of $109 000 to Tidewater Virginia Alcohol Safety
Action @rogram for computer and other equipment.
ITEM II H. CONSENT AGENDA (Cont'd)
19. Ordinance, on FIRST READING, to accept $740,000
from the Department of Housing and Urban Development
and to appropriate these funds for certain projects
and purposes.
20. Ordinance to Transfer Capital Project Funds of
$885,000 Between Capital Projects to provide
additional funds for the expansion of Landfill #2.
21. Ordinance to Transfer funds of $48,000 within the
Water and Sewer Capital Projects Fund for Lynnhaven
Acres Sanitary Sewers.
22. Ordinance to Transfer Capital Project funds of $329,713
between Capital Projects to provide additional funds
for King's Point Ditch.
23. Ordinance to establish an additional position on the
Police Department and Transfer funds of $44,405 for
the position.
24. Ordinance to reduce FY84 appropriations to the Health
Department.
25. Ordinance authorizing the City Manager to execute
a license agreement between Carolina and Northwestern
Railway Company and the City of Virginia Beach for use
of railway right-of-way along Columbus Loop.(Gemini Builders)
26. Proposals have been received for lease/purchase of
various pieces of equipment. Southern National Leasing
Corporation offers the most favorable financing with
twenty quarterly payments in arrears at an annual 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. (Public Works/General Services
27. Proposals have been received for lease/purchase of
equipment necessary to upgrade the computer-aided dispatch
system located in the Police Department. Motorola offers
the most favorable financing proposal with twelve semi-
annual payments in advance at an interest rate of 8.70%.
Authorization is requested by the City Manager to enter
into the necessary agreements for the lease/purchase of
this equipment.
1. PLANNING ITEMS
1. Ordinance closing, vacating and discontinuing a portion
of an unimproved alley located between Virginia Beach
Boulevard and 18th Street in the petition of Peter J.
and Joseph J. Gualeni. (Lynnhaven Borough) This closure
was approved on February 14, 1983 subject to conditions
being met within 180 days. (This item was deferred at
the August 22, 1983 meeting.)
a. Letter from the City Manager requests that this
item be deferred indefinitely.
ITEM II I. PLANNING ITEMS (Cont'd)
2. Ordinance closing, vacating and discontinuing a 24-foot
unnamed right-of-way in the petition of Richard H. Kline
(Lynnhaven Borough). This closure was ap-proved on April 4,
1983, subject to conditions being met. (This item was
deferred at the August 22, 1983 meeting.)
a. Letter from the City Manager transmits the applicant's
request for relief from condition #1, and the staff's
recommendation that this requirement should be met.
3. Ordinance, closing, vacating and discontinuing a portion
of Poinciana Drive in the petition of Merlin Van Statzer
and Rita Statzer (Lynnhaven Borough). Deferred 6/20 t@8/1,
8/1 to 8 8, 8 8 to 9/6/83.
a. Letter from the City Manager transmits the
recommendation for final approval to this street
closure.
4. Applications of Walter F. Chow for a change of zoning
from R-6 Residential District to B-2 Comnunity-Business
District on a 2.6-acre parcel located along the south
side of Virginia Beach Boulevard, east of Fair Meadows
Road (Bayside Borough);
AND
Conditional Use Permit for mini-warehouses on a 2.6
acre parcel 1 cated along the south side of Virginia
Beach Boulevard, east of Fair Meadows Road (Bayside
Borough). (These applications were deferred at the
August 22, 1983 Council meeting.)
a. Letters from the City Manager transmit the
recommendations of the Planning Commission
for oval of these applications.
5. Application of Colonial Self Storage for a conditional
ermit for mini-warehouses on a 1.7-acre parcel
located along the west side of Greenwell Road, south of
Shore Drive (Bayside Borough).
a. Letter from the City Manager transmits the
recommendation of the Planning Commission
for ap2roval.
6. Application of Vincent E. and Gloria J. Hect and
Kehillat Bet Hamidrash for a conditional use permit
for a snyagogue on a 3.16-acre parcel located at
4937 Providence Road, along the south side of Providence
Road, west of Luke Drive (Kempsville Borough).
a. Letter from the City Manager transmits the
recommendation of the Planning Commission
for approval.
7. Application of John T. Mamoudis for a change of zonin&
from R-7 Residential District to A-4 Apartment District on
a two-acre parcel located along the north side of Norfolk
Avenue, west of Pacific Avenue (Virginia Beach Borough).
a. Letter from the City Manager transmits the
recommendation of the Planning Commission
for denial.
ITEM II I. PLANNING ITEMS (Cont'd)
8. Application of Charlie H. Kestner for a conditional use
permit fo'r a gasoline station, truck pavilion, and
restaurant on a 31.4-acre parcel located at 5792 Northampton
Boulevard, along the north side of Northampton Boulevard,
west of Baker Road (Bayside Borough).
a. Letter from the City Manager transmits the
recommendation from the Planning Conmission
for approval.
9. Application of International Parkway Investment Properties,
Inc., Seven D Corporation, and Seven A Corporation for
a change of zoning from B-3 General-Business District to
B-4 Resort-Commercial District on a 9.159-acre parcel
located along the south side of Virginia Beach Boulevard,
east of Beasley Drive (Bayside Borough).
a. Letter from the City Manager transmits the
recommendation from the Planning Commission
for denial.
10. Application of Paul L. Strassberg for a change of zoning
from B-2 Community-Business District to A-2 Apartment
District on a 17.067-acre parcel located along the
southwest side of Princess Anne Road, southeast of Corner
Road (Kempsville Borough).
a. Letter from the City Manager transmits the
recommendation from the Planning Commission
for approval.
11. Application of Breeden Development Corporation for a
change of zoning from B-2 Community-Business District
to A-2 Apartment District on a 13.928-acre parcel located
west of Holland Road, south of Rosemont Road (Kempsville
Borough).
a. Letter from the City Manager transmits the
recoTmnendation from the Planning Commission
for approval.
12. Applications of Chimney Hill Land Coml)any for a change
of zoning from B-2 Community-Business District to A-2
Apartment District on a 5.3-acre parcel located along
the east side of Chimney Hill Parkway, south of Holland
Road (Kempsville Borough);
AND
for a conditional use permit for housing for the elderly
on a 5.3-acre parcel located on the east side of Chimney
Hill Parkway, south of Holland Road (Kempsville Borough).
a. Letters from the City Manager transmit the
recommendations from the Planning Commission
for oval of these applications.
ITEM II J. APPOINTMENTS
1. Community Corrections Resource Board
2. Developmerit Authority
3. Pendleton Project Management Board
4. Hampton Roads Air Pollution Control District
5. Historical Review Board
6. Mosquito Control Commission
7. Personnel Board
8. Plumbing & Mechanical Appeals
9. Transportation Safety Commission
10. Wetlands Board
K. UNFINISHED BUSINESS
L. NEW BUSINESS
M. ADJOURNMENT
1. Motion to adjourn.
M I N U T E S
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
B R I E F I N G
THE LANDING CRAFT AIR CUSHION VEHICLE (LCAC)
by
Admiral Jack Parker
Commander, Norfolk Naval Base
September 6, 1983
11:00 a.m.
Admiral Parker briefed City Counci.1 regarding the Landing Craft Air Cushion
Vehicle (LCAC). His presentation, dated 1 September 1983, is hereby made a
part of the record.
The following were in attendance at the Briefing:
CITY COUNCIL ARMED FORCES STAFF
John A. Baum Admiral Wesley L. McDonald,
Nancy A. Creech Comander-in-Chief, U. S. Atlantic
Harold Heischober Fleet, and Supreme Allied
Vice Mayor Barbara M. Henley Commander - Atlantic
H. Jack Jennings, Jr.
Mayor Louis R. Jones Admiral Jack Parker, Commander
Robert G. Jones Norfolk Naval Base
W. H. Kitchin, III
Reba S. McClanan Admiral William Johnston,
Meyera E. Oberndorf U. S. Atlantic Fleet (Admiral
McDonald's staff)
Other Representatives of the
U. S. Navy and U. S. Army
CITY COUNCIL MEMBERS NOT PRESENT
Henry McCoy, Jr., D.D.S.
September 6, 1983
M I N U T E S
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
September 6, 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 Tuesday, September 6, 1983, at Twelve Twenty-Five in the
afternoon.
Council Members Present:
John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor
Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones,
Robert G. Jones, W. H. Kitchin, Ill, Reba S. McClanan, and
Meyera E. Oberndorf
Council Members Absent:
J. Henry McCoy, Jr., D.D.S.
September 6, 1983
-2-
ITEM # 20519
Mayor Jones entertained a motion to permit Council to conduct its TNFORMAL
SESSION to be followed by an EXECUTIVE SESS10N 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 Councilman Robert Jones, seconded by Councilman Baum, Council
voted to proceed into the EXECUTIVE SESSION following the INFORMAL SESSION.
Voting: 9-0
Council Members Voting Aye:
John A. Baum, Harold Heischober, Vice Mayor Barbara M. Henley,
H. Jack Jennings, Jr., Louis R. Jones, Robert G. Jones, W. H.
Kitchin, III, Reba S. McClanan, and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Nancy A. Creech and J. Henry McCoy, Jr., D.D.S.
September 6, 1983
-3-
M A T T E R S B Y T H E M A Y 0 R
FUNCTIONS ATTENDED
BY COTJNCIL MIMBERS ITEM # 20520
Mayor Jones expressed his appreciation to Council Members for their attendance
at various functions during the month of July 1983 on behalf of the City.
July 01 - Councilwoman Meyera Oberndorf attended the Second Anniversary
Celebration of the Maritime Museum at the Oceanfront.
July 06 - The Tidewater Future, Inc. luncheon, held in Newport News, was
attended by Councilman Harold Heischober.
July 09 - The Big Brothers/Big Sisters Bowling Fund-Raising Event was held
at Plaza Bowling Lanes and was attended by Councilmen Robert Jones
and J. Henry McCoy, Jr., Councilwoman Meyera Oberndorf, and
V.ice Mayor Barbara M. Henley.
July 14 - Council Members Meyera Oberndorf, Robert Jones, Nancy Creech,
Harold Heischober, Jack Jennings and Vice Mayor Barbara M.
Henley attended the Economic Development Luncheon at the Pavilion
Towers.
July 15 - Vice Mayor Barbara M. Henley, representing the Mayor, and Council-
woman Meyera E. Oberndorf attended the Department-Volunteer
Mayor's Luncheon held at the Pavilion in honor of the City
receiving an award for volunteerism from the U. S. Conference
of May(irs.
July 16 - Vice Mayor Barbara M. Henley represented the Mayor as a judge
at the 26tb Annual Tidewater All-American Soap Box Derby Race at
Mt. Trashmore.
July 23 - Black Heritage Awareness Day was held at the Dome and attended
by Councilman Robert Jones and Councilwoman Meyera E. Oberndorf.
July 27 - Vice Mayor Barbara M. Henley represented the Mayor at the
Annual Lotus Festival Luncheon at the United Methodist Church
on Sandbridge Road.
July 28 - Councilwoman Meyera E. Oberndorf attended the dedi.cation of
Encore Hill at Mt. Trashmore.
July 31 - Councilwoman Meyera E. Oberndorf represented the Mayor at the
2079th USAR School graduation ceremonies at the Armed Forces
Staff College in Norfolk.
PUBLIC MEETING
BEACH EROSION ITE4 # 20521
Mayor Jones announced a public meeting will be held on "Studies - Beach Erosion
and Hurricane Protection Plan" on September 7, 1983, at 7:30 p.m., at the
Pavilion.
September 6, 1983
-4-
M A T T E R S B Y C 0 U N C I L
WITCHDUCK LANDING ITEM # 20522
Councilwoman Oberndorf stated a letter from the Witchduck Landing Civic
League relative to rental property was in Council's FYI and requested the
City Manager respond to said letter.
REZONING - KEMPSVILLE
BOROUGH (Single Homes) ITEM # 20523
Councilwoman Oberndorf advised Virginia Beach City Council of a Change of
Zoning from R-1 to R-4 in the petition of Edwin S. Brock et al upon property
on the west side of Newtown Road (Norfolk-Virginia Beach boundary line) and
requested Council's adoption of a Resolution urging the City of Norfolk
carefully consider the traffic impact upon the adjacent Virginia Beach
neighborhood. The proposed Resolution will be presented on the Formal
Agenda September 12, 1983.
LCACJLACV-30 ITEM # 20524
Councilman Jennings stated he would sponsor a member of the Mayor's Air
Cushion Advisory Committee to present a proposed Resolution regarding
the LACV-30's at Fort Story in the Formal Session September 6, 1983.
September 6, 1983
-5-
M A T T E R S B Y C I T Y M A N A G E R
INDUSTRIAL REVENUE BONDS ITEM # 20525
A presentation on Industrial Revenue Bonds was made by Farold Gallup,
Industrial Development Coordinator, Economic Development Department.
Mr. Gallup was introduced by A. James DeBellis, Director of the Economic
Development Department.
A memorandum dated August 29, 1983, from A. James DeBellis to Thomas A.
Muehlenbeck, outlined the subject of Industrial Revenue Bonds. Said
memorandum and its attachments are hereby made a part of the record.
The "Summary of Revenues from Individual Revenue Bonds Issued, 1981 and 1982"
and "Industrial Revenue Bond Issues, 1981 - 1982" were distributed to members
of Council and are hereby made a part of the record.
CITY CODEJSTATE CODE ITEM # 20526
City Manager Muehlenbeck asked if there were any questions relative to Consent
Agenda Item TI-H.6, a-i (Formal Session) dealing with Ordinances to amend and
reordain the Code of the City of Virginia Beach to comply with the State Code.
Council Members had no questions.
ROLL-BACK TAX ITEM # 20527
Vice Mayor Henley questioned when the roll-back tax issue would be dealt
with under the amendments to the City Code. Councilman Robert Jones stated
it had been placed in the Virginia Municipal League Legislative Package.
The City Manager advised further information would be forthcoming in the
near future.
ATLANTIC SHORES BAPTIST
CHURCH - CUP ITEM # 20528
The City Manager stated Atlantic Shores Baptist Church had requested their
application for a Conditional Use Permit be expedited. It was suggested
this item be scheduled for City Council on October 3, 1983.
CONSENT AGENDA ITEM # 20529
Upon review of the Consent Agenda, it was determined that Items H-2, H-7
and H-18 would be deferred indefinitely pending further information
(Item H-2 is to be discussed in the Informal Session, September 12, 1983).
Item H-3 will be discussed separately in the Formal Session.
JOBS BILL - DAY CARE
CENTER ITEM # 20530
Councilwoman Oberndorf questioned $77,000 appropriated for Day Care Centers.
City Manager Muehlenbeck explained that the $77,000 had already been ear-
marked for Day Care Centers, not any one in particular.
BRIDGES TTEM # 20531
Regarding elevations of bridges throughout the City (Lynnhaven River, North
Landing River, Potters Road, Shipps Corner), the City Manager proposed
a 6-foot to 8-foot elevation in lieu of 16 feet. Council members concurred.
September 6, 1983
-6-
RECESS INTO
EXECUTIVE SESSION ITEA # 20532
City Council recessed into EXECUTIVE SESSION at One-Forty in the afternoon.
September 6, 1983
-7-
F 0 R M A L S E S S T 0 N
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
September 6, 1983
2:10 p.m.
Council Members Present:
John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor
Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R.
Jones, Robert C. Jones, W. H. Kitchin, III, Reba S. McClanan,
and Meyera E. Oberndorf
Council Members Absent:
J. Henry McCoy, Jr., D.D.S.
INVOCATTON: Reverend David C. Tysinger
Pastor
Aragona Church of Christ
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERTCA
Councilman McCoy entered the meeting at 2:35 p.m.
September 6, 1983
-8-
Item II-D.1
MINUTES ITEM # 20533
Upon motion by Councilwoman Creech, seconded by Councilman Heischober, City
Council APPROVED the Minutes of August 22, 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, Robert G. Jones, W. H. Kitchin, 111, Reba S. M,Cla,an,
and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
J. Henry McCoy, Jr., D.D.S.
September 6, 1983
-9-
Item II-E.1
PRESENTATIONS ITEM # 20534
Mayor Jones recognized the following participants in the "Silver Haired
Legislature" and presented each with a Resolution in Recognition.
BEnAH HUMPHRIES ( 7th Senatorial District)
SAM HOUSTON ( 8th Senatorial District)
and President Pro Tempore
CLIFTON GOLDEN (81st House District)
MARY ELLEN COX (82nd House District)
and Speaker of the House
HAROLD CURTIS (83rd House District)
W. J. WOOLARD (84th House District)
ETHELYNE KRISTO (85th House District)
Each of the above made an acceptance statement with the exception of
Mr. Woolard and Mrs. Kristo who were unable to be in attendance. Mrs. Cox
accepted the Resolutions in behalf of Mr. Woolard and Mrs. Kristo.
September 6, 1983
-10-
Item II-F
PUBLIC HEARING ITEM # 20535
Mayor Jones declared a Public Hearing open on the following Ordinances:
1. Ordinance to accept grants of $177,147 from State Aid
to Public Libraries and $8,453 from Federal Aid to
Public Libraries and to appropriate these funds.
2. Ordinance to accept a Federal Grant of $30,188 to aid
the unemployed and to appropriate these funds.
3. Ordinance to appropriate $2,403,529 for Fiscal Year
1984 for the payment of Purchase Orders brought
forward from Fiscal Year 1983.
4. Ordinance to appropriate funds of $109,000 to
Tidewater Virginia Alcohol Safety Action Program
for computer and other equipment.
5. Ordinance to accept $740,000 from the Department of
Housing and Urban Development and to appropriate
these funds for certain projects and purposes.
Inasmuch as there were no speakers registered either in favor or opposition
of the above Ordinances, Mayor Jones declared the Public Hearing closed.
September 6, 1983
Item 11-G.1
RESOLUTION - IRB ITEM # 20536
Attorney David Reda represented Kenstock Associates.
In opposition were:
B. M. Stanton (Beach Tower Building)
Charles Criswell, President of the Kenstock Civic League (presented written
statement and other documents which are hereby made a part of the record)
Upon motion by Councilwoman Creech, seconded by Councilman McCoy, City Council
ADOPTED a Resolution approving the Issuance of Industrial Development Revenue
Bonds for KENSTOCK ASSOCIATES ($350,000).
Voting: 10-1
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, 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.,
and Meyera E. Oberndorf
Council Members Voting Nay:
H. Jack Jennings, Jr.
Council Members Absent:
None
September 6, 1983
-12-
SUMMARY SHEET
CITY OF VIRGINIA BEACH DEVETOPMENT AUTHORITY
INDUSTRIAL DEVELOPMENT REVENUE BOND
Project Name: Kenstock Associates
Wcation: Kenstock Drive at Old Great Neck Road
Description of Project: Office Building
Amount of Bond Issue: $350,000
Principals: William H. Duckworth
Jenichi Kolodziej
September 6, 1983
-13-
FISCAL IMPACT STATE,%IEN,r
KENs,rOCK ASS(ICIA'FES FACILITY
1. 'Aaximuitt :tmotint of.financing sought $350,000.00
2. l-stimatp(i tiixablo value of the facility's
I.t,il i)ropf.-rty to be constructed in the
,niinicipality $300,000.00
:1. T-.stiinated real property tax per year using
present tax rates $ 3,200.00
4. Fstimated personal property tax per year
ii.1/2itig @)resent tax rates $ 4,500.00
d chant@' caoital tax per year
1-@Isti-nat,@ mer
using present tax rates t 17,000:00
6. Estimate.(t dollar vilue per year of goods
,knd services that will be purchased locally $120,000.00
7. l-stimated number of regular employees on
year round basis 24
9. ikverage annual salary per employee $ 20,000.00
Cha rman
City of Virginia Beach Development
Authority
7.4.2l.C
September 6, 1983
-14-
A meetirkg of the Council of the City of Virgirda Beaeh,
Virginia, was held in the Council Chambers, in the Administration
Buildirig, on the 26W@-of-iMy,- 1988.- 6th day of September, 1983.
On niotion by Councilwoman Creech and seconded by
Councilman McCoy Resolution w-as adopted.
RESOLUTION OF CrrY COUNCIL APPROVING THE
ISSUANCE OF INDUSTRIAL DEVELOPMENT REVENUE
BOND TO KENSTOCK ASSOCIATES,
A VMGINIA GENERAL PARTNERSHIP
WHEREAS, the Cfty of Virgirda Beach Development Authority of
Virgirda Beach, Virgirda (the "Authorityn), has considered the request
of Kenstock Associates, a Virginia general partnership (the "Ccrnpany")
for the issuance of the Authority's industrial developinent revenue bonds
In an anount eistimated at Ttree Hundred Fifty Thousand Dollers
($350,000.00) (the "Bonds") to assist in the financing of the Cornpany's
acWisition and construction of an offiee building to provide oornmerical
serviees (the "FaeiHty") in Virginia Beach, Virgirda, and, after proper
notice in a newspaper of general circtdation, has held a public tiearing
thereon on July 12, 1983; and
WHEREAS, the Authority has requested the City Council (the
"Councfl") of Virginia Beach, Virginia (the "Cfty"), to approve the
Issuance of the Bond to oomply with Section 103(k) of the Internal
Revenue Code of 1954, as amended; and
WHEREAS, a copy of the Authority's resolution approving ttle
plan of financing and the issuance of the bond, subjeet to the terms to
be agreed upon and a record of the public hearing has been filed with
the Clerk of the Counci[;
BE rr RESOLVED BY THE CrrY COUNCEL OF THE crry
OF VIFTGINIA BEACH, VIFTGINIA:
1. The Councfl of the City of Virginia Beach, Virginia, appro-
ves the issuance of the Bond by the City of Virginia Beach Development
Atithority of Virginia Beach, Virginia, for the benefit of Keristock
A@iates, a Virginia general partnerstdp, to the extent reqtdred by
Section 103(k) of the Internal Revenue Code, to pemit the Authority to
assist in the financing of the Facility.
2. The approval of the issuance of the Bond, as required by
Section 103(k), does not oonstitute an endorsement of the Bond or the
creditworthiness of the Cctnpany, but, ptwsuant to Chapter 643, Virginia
-1-
September 6, 1983
-15-
Acts of Assembly of 1964, as wnended, the Bond shell provide that
neither the City nor the Authority shall be oblipted to pay the Bonds
or the interest thereon or other costs ineident thereto e=ept frorn the
revenues and moneys pledged -therefor, and neither the faith or credit
nor the taidng power of the Ccffnmonwealth, the City, or the Authority
shall be pledged thereto.
3. Ttis Resolution shall take effect lininediately upon its
adoption.
Adopted by the Cotmcil of the City of Virgifiia Beach, Virgirda,
Sept. 06, 1983.
6.13.8.C APP!Z,-@, rO AS TO CONTE@,4T
'NT
September 6, 1983
-2-
-16-
Item II-G.2
RESOLUTION - IRB ITEM # 20537
Attorney Barry W. Hunter represented Ocean Plaza Associates.
In opposition were:
B. M. Stanton (Beach Tower Building)
Charles Criswell, President of the Kenstock Civic League (presented written
statement and other documents which are hereby made a part of the record)
Upon motion by Councilman Heischober, seconded by Councilwoman Creech, City
Council ADOPTED a Resolution approving the Issuance of Industrial Development
Revenue Bonds for OCEAN PLAZA ASSOCIATES ($1,000,000.
Voting: 10-1
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, 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.,
and Meyera E. Oberndorf
Council Members Voting Nay:
H. Jack Jennings, Jr.
Council Members Absent:
None
September 6, 1983
-17-
SUMMARY SHEET
CITY OF VIRGINIA BEACH DEVELOPNENT AUTHORITY
INDUSTRIAL DEVELOPMENT REVENUE BOND
Project Name: ocean Plaza Associates
Location: 303 34th Street
Description of Project: Office Building
Amount of Bond Issue: $1,000,000
Principals: Stephen C. Baugh
Bruce G. Murphy
J. Robert Addenbrook
September 6, 1983
-18-
Date
[2] Nitme of Applicant
[31 I)escril)tLon of Facility
FISCAL IMPACT STATEMERIT
July 18, 1983 [11
OCEAN PLAZA ASSOCIATES [21
office [3)
1. Maximum amount of financing sought $ 1, 000, 000
2. Estimated taxable value of the facility's
real property to be constructed in the 1,000,000
tounicipality $
Estimated real property tax per year
3. using present tax rates $ 8,000
4. Estimated personal property tax p er
year using present tax rates $ 7,200
5. Estimated merchants' capital tax.
(business license tax) per year using
present tax rates $ 6,040
6. Estimated dollar value per year of
goods and services that will be
purchased locally $5,000,000
7. Estimated number of regular @mployees
on year round basis $ 60
8. Average annual salary per*empioyee $ 25,000
[THE] INDUSTRIAL DEVELOPMENT
AUTHORITY OF
By
Chairman
September 6, 1983
-19-
A meeting of the Council of the City of Virginia
Beach, Virginia, was held in the Council Chambers, in the
Administration Building, on the 6th day Of September 1983.
On motion by - Councilman Heischober
and seconded by cilwoman Creech the following
Resolution was adopte@o !
RESOLUTION APPROVING THE ISSUANCE OF INDUSTRIAL
DEVELOPMENT REVENUE BONDS FOR OCEAN PLAZA
ASSOCIATES
WHEREAS, the City of Virginia Beach Development
Authority (the Authority), has considered the applir-ation
of Ocean Plaza Associates (the Company) for the issuance of
the Authority's industrial development revenue bonds in an
amount not to exceed $1,000,000 (the Bonds) to assist in the
financing of the Company's acquisition of a 12,748 square
foot office building facility (the Facility) to be located at
303 34th Street in the City of Virginia Beach, Virginia, and
to be managed by the Company, and has held a public hearing
thereon on July 12, 1983; and
WHEREAS, the Authority has recommended that the
City Council (the Council) of City of Virginia Beach,
Virginia (the City), approve the issuanr-e of the Bonds to
comply with Section 103(k) of the Internal Revenue Code of
1954, as amended, and Section 15.1-1378.1 of the Code of
Virginia of 1950, as amended; and
WHEREAS, a copy of the Authority's resolution
approving the issuance of the Bonds, subject to terms to be
agreed upon, a record of the public hearing and a Fiscal
Impact Statement in the form prescribed by Section
15.1-1378.2 of the Code of Virginia of 1950, as amended, have
been filed with tlie Clerk of tile Council;
BE IT RESOLVED BY TIIE CITY COUNCIL OF THE CITY oF
VIRGINIA BEACH, VIRGINIA:
1. The Council of the City of Virginia Beach,
Virginia, approves the issuance of the Bonds by the City of
September 6, 1983
-20-
Virginia Beach Development Authority for the benefit of the
Company, to the extent of and as required by Section 103(k)
of the Internal Revenue Code and Section 15.1-1378.1 of the
Virginia Code, to perinit the Authority to assist in the
financing of tlie Facility.
2. The approval of the issuance of the Bonds, as
required by such Sections 103(k) and 15.1-1378.1, does not
constitute an endorsement of the Bonds or the credit-
worthiness of the Company, but, pursuant to Chapter 643,
Virginia Acts of Assembly of 1964, as amended, the Bonds
shall provide that neither the City nor the Authority shall
be obligated to pay the Bonds or the interest thereon or
other costs incident thereto except froin the revenues and
moneys pledged therefor, and neither the faith or r_redit nor
the taxing power of the Cotomonwealth, the City, or the
Authority shall be pledged thereto.
3. This Resolution shall take effect immediately
upon its adoption.
Adopted by the Council of the City of Virginia
Beach, Virginia, on September 06 1983.
-2- September 6, 1983
-21-
Item II-G.3
RESOLUTTON - IRB ITEM # 20538
Attorney Barry W. Hunter represented BPC Associates.
In opposition were:
B. M. Stanton (Beach Tower Building)
Charles Criswell, President of the Kenstock Civic League (presented written
statement and other documents which are hereby made a part of the record)
Upon motion by Councilman Heischober, seconded by Councilwoman Creech, City
Council ADOPTED a Resolution approving the Issuance of Tndustrial Development
Revenue Bonds for BPC ASSOCIATES ($1,885,000).
Voting: 10-1
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, 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.,
and Meyera E. Oberndorf
Council Members Voting Nay:
H. Jack Jennings, Jr.
Council Members Absent:
None
September 6, 1983
-22-
SUM14ARY SHEET
CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY
INDUSTRIAL DEVELOPMENT REVENUE BOND
Project Name: BPC Associates
Location: Parcel 17, Expressway Business Park
Description of Project: Office Building
Amount of Bond Issue: $1,885,000
Principals: Donald E. Perry
James H. Brunt, III
Peter M. Clay
September 6, 1983
-23-
FISCAL ITIPACT STATEIIF@4T
Augiist 1983
BPC Associates
32,000 Square Foot Office Building
1. tlaximum amount of financing sought $1,885,000
2. Estimate(] taxable value of the facility's
real property to be constructed in the
municipality $i,435,uOO
3. Estimated real property.tax per year
using present tax rates $ 11,480
4. Estimated personal property tax per
year using present tax rates $ 5,000
5. Estimated merchants' capital tax
(business license tax) per year using
present tax rates $ 5,242
6. Estimated dollar value per year of
goods and services that will be
purchased locally $ 75,000
7. Estimated number of regular employees
on year round basis 110
8. Average annual salary per employee $ 15,000
CITY OF VIRGINIA BFACH
DEVELOPMENT AUTHORITY
By
Chairman
-24-
A meeti.ng of the Council of the City of Virginia B*ach,
Virginia, was held in the Council Chambers, in the
Administration Building, on the 6th day of Juner-,14"@
September, 1983.
On motion by Councilman Heischober and seconded
by Councilwoman Creech the following Resolution was
adopted.
RESOLUTION OF CITY COUNCIL APPROVING THE
ISSUANCE OF INDUSTRIAL DEVELOPMENT REVENUE BOND FOR
BPC ASSOCIATES
W'HEREAS, the City of Virginia Beach Development Authority
of Virginia Beach, Virginia (the Authority), has considered
the application of BPC Associates, a Virginia partnership (the
Company) for the issuance of the Authority's industrial
development revenue bond in an amount not to exceed $1,885,000
(the Bond) to assist in the financing of the Company's
acquisition, construction, and equipping of a 32,000 sq. ft.
office building facility (the Facility) on Parcel 16 and part
of Parcel 17, Expressway Business Park, located on the east
side of Business Park Drive, in Virginia Beach, Virginia, and
has held a public hearing thereon on July 12, 1983; and
WHEREAS, the Authority has requested the City Council
(the Council) of Virginia Beach, Virginia (the City), to
approve the issuance of the Bond to comply with (i) Section
103(k) of the Internal Revenue Code of 1954, as amended (the
Internal Revenue Code) and (ii) Section 15.1-1378.1 of the
Code of Virginia of 1950, as amended (the Virginia Code); and
WHEREAS, a copy of the Authority's resolution approving
the issuance of the Bond, subject to terms to be agreed upon,
a record of the public hearing and the fiscal impact statement
required by Section 15.1-1378.1 of the Virginia Code have been
filed with the Clerk of the Council;
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
September 6, 1983
-25-
-2-
1. The Council of the City of Virginia Beach,
Virginia, approves the issuance of the Bond by the City of
Virginia Beach Development Authority of Virginia Beach,
Virginia, for the benefit of BPC Associates, to the extent
required by Section 103(k) of the Internal Revenue Code and
Section 15.1-1378.1 of the Virginia Code, to permit the
Authority to assist in the financing of the Facility.
2. The approval of the issuance of the Bond, as
required by Section 103(k) of the Internal Revenue Code and
Section 15.1-1378.1 of the Virginia Code, does not constitute
an endorsement of the Bond or the creditworthiness of the
Company, but, as required by Section 12.1 of Chapter 643 of
the 1964 Acts of the General Assembly of Virginia, as amended,
the Bond shall provide that neither the City nor the Authority
shall be obligated to pay the Bond or the interest thereon or
other costs incident thereto except from the revenues and
moneys pledged therefor, and neither the faith or credit nor
the taxing power of the Commonwealth, the City or the
Authority shall be pledged thereto.
3. This Resolution shall take effect immediately
upon its adoption.
Adopted by the Council of the City of Virginia Beach,
Virginia, on Sept. 06, 1983.
CMS/da
1/28/83
-26-
Item II-H
CONSENT AGENDA ITEM # 20539
Upon motion by Councilwoman Oberndorf, seconded by Councilman Robert Jones,
City Council APPROVED IN ONE MOTION Items 1 through 27 of the CONSENT
AGENDA, except Item 3 (voted upon separately) and Items 2, 7 and 18 to be
deferred indefinitely.
Voting; 9-0
Council Members Voting Aye;
John A. Baum, 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, Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Nancy A. Creech and J. Henry McCoy, Jr., D.D.S.
September 6, 1983
-27-
Item II-H.1
CONSENT AGENDA ITEM # 20540
Upon motion by Councilwoman Oberndorf, seconded by Councilman Robert Jones,
City Council ADOPTED a Resolution recognizing Virginia Beach residents who
participated in the Silver Haired Legislature August 7-10, 1983.
Voting: 9-0
Council Members Voting Aye:
John A. Baum, 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, Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Nancy A. Creech and J. Henry McCoy, Jr., D.D.S.
September 6, 1983
-28-
RESOLUTION IN RECOGNITION
SILVER HAIRED LEGISLATURE
WHEREAS: Virginia's Senior Citizen population is 785,000 (of which 18,542
are in Virginia Beach), Gover-nor Charles Robb recently created the SILVER HAIRED
LEGISLATURE. Forty senators and one hundred delegates--seaaoned thinkers, all of
whom are over Sixty--met at the Capitol in Richmond with complete use of all Genez-al
Assembly facitities August 7-10, 1983;
WHEREAS: These appointed representatives mirrored the elected State
Legislature--except, they were non-partisan. Virginia Beach representatives were:
Senatorial Districts: BEULAH HUMPHRIES (7TH)
SAM HOUSTON (8TH) AND PRESIDENT PRO TEMPORE
House Districts: CLIFTON GOLDEN (81ST)
MARY ELLEN COX (82ND) AND SPEAKER OF THE HOUSE
HAROLD CURTIS (83RD)
W. J. WOOLARD (84TH)
ETHELYNE KRISTO (85TH)
The SILVER HAIRED LEGISLATURE consi8ted of seven connittees: Housing and Education,
Finance, Courts of Justice, Health and Institutions, Labor and Connerce, Genez-al Law
and Social Services jointty responsible to the House and Senate. Each comittee
debated five bills and with amendments were submitted to the House and Senate for
approval or deniat. Twenty-five of the originat thirty-five zoitt be considered for
pos8ible passage in the "reat" General Assembly. Among these, a bitt to allocate
$1.5-Mittion for public transportation for the elderly overwhe@ngly passed. Each
bitt was properly drafted by the Legistative Services @vibion of the General
Assembly and those approved must be sponsored by a publicly-elected Legislator when
the General Assembly meets in January 1984. To offset anticipated costs, pz-ivate
industry raised $45,000 toward establishing this 140-member SILVER HAIRED LEGIS-
LATURE. Among other bills, Senate Pre@ent Pro Tempore Sam Houston and Speaker of
the House Mary Etten Cox drafted a Joint Resolution requestinq this Legislature be
evaluated, reviewed as to rules and procedures and continued -another year. There
are twenty-five different agencies under the Virginia Department of Aging. The life
span of human beings has been increased over the year8 by advances in medicine and
technology; but, as science continues to prolong life, pressures and demands fatt
upon society for extended care.
NOW, THEREFORE, BE IT RESOLVED: That the virginia Beach City council
recognize those whose appointments have brought honor and whose services distinguish
them as STERLING CITIZENS by the numerous sacrifices and contr-ibutions they have
individuatty and cottectively made to our City.
BE IT FURTHER RESOLVED: That this Resolution be framed for presentation
to:
B E U L A H H U M P H R I E 5
and the Clerk of Council directed to incorporate this tribute in the regular pro-
ceedings of this Format Session of City Council this Sixth day of September,
Nineteen Hundred Eighty-Three.
Given under my hand and 8eal,
Mayor
September 6, 1983
-29-
RESOLUT'ION IN RECOGNITION
SILVER HAIRED LEGISLATURE
WHEREAS: Virginia's Senior Citize?i population is 785,000 (of which 18,548
ars in Virginia Beach), Governor Charles Robb recentty created the SILVER HAIRED
LEGISLATURE. Forty senators and one hundred detegates--seasomed thinkers, all of
whom are over Sixty--met at the Capitol in Richmond with complete use of att General
Aisembly facilities August 7-10, 1983;
WHEREAS: These appointed representatives mirrored the electod State
Legislature--except, they were non-par:tisan. Virgi?iia Beach representatives wars:
Senatorial aist@ts: BEULAH HUMPHRIES (7TH)
SAM HOUSTON (8TH) AND PRESIDENT PRO TEMPORE
House Distriots., CLIFTON GOLDEN (81ST)
MARY ELTEN COX (82ND) AND SPEAKER OF THE HOUSE
HAROf,D CURTIS (83RD)
W. J. WOOLARD (84TH)
ETHELYNE KRISTO (85TH)
The SILVER HAIRED LEGISLATURE consiste-d of seven conmitte6s: Housing and Education,
Finance, Courts of Justice, Health and Institutions, Labor and Connerce, General Law
and Social Services jointly responsible to the House and Senate. Each comittes
debated five bitts and with anen&nents were submitted to the House and Senate for
appr@vat or denial. Twenty-five of the original thirty-five will be considered for
posstbte passage in the "reat" Generat Assembty. Among these, a bill to attocato
$1.5-Mittz'on for public tr-ansportation for the etderly overwhelmingly passed. Bach
bitt was properly drafted by the Legistative Services alvia@ of the Goner-at
Aseembty and those approved must be sponsored by a publicly-elected Legislator when
the General Aseembly meets in January 1984. To ofjfaet anticipated costs, private
indus raiaed $45,000 toward establishing this 140-member SILVER HARRED LEGIS-
LATURE Among other bitts, Senate President Pro Tempore Sam Houston and Speaker of
the Rc e Mary Elton Cox dz-afted a Joint Resolution requesting thia Logialature be
evatuated, reviewed as to rules and procedures and continued another year. There
are twenty-five different agencies u4der the Virginia Department of Aging. The life
span of human beings haa been increased over the years by advances in madioine and
technotogy; but, as science continues to prolong life, pressures and demands fall
upon society for extended care.
NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council
recognize those whose appointmenta have brought honor and whose aervices distinguish
them as STERLING CITIZENS by the numerous sacrifices and contributionb they have
individually and cottectively made to our City.
BE IT FURTHER RESOLVED: That this Resolution be fr-amed for presentation
to:
S A N H 0 U S T 0 N
ayid the C'Lerk of Council directed to i?tcorpor-ate this tribute in the regular pro-
c @ ings of this Format Session of City Councit this Sixth day of September,
Nineteen Hundred Eighty-Three.
Given under my hand and seal,
Mayor
September 6, 1983
-30-
RESOLUTION IN RECOGNITION
SILVER HAIRED LEGISLATURE
WHEREAS: Virginia's Senior Citizen poputation is ?85,000 (of which 18,542
are in Virginia Beach), Governor Charles Robb recently created the SILVER HAIRED
LEGISLATURE. Forty senators and one hundred detegates--Beasoned thinkers, all of
whom are over Sixty--met at the Capitot in Richmond with comptete use of att General
Assembty facilities August 7-10, 1983;
WHEREAS: These appointed representatives mirrored the elected State
Legistature--except, they were non-partisan. Virginia Beach repre8entatives were:
Senatoriat Districts: BEULAH HUMPHRIES (7TH)
SAM HOUSTON (8TH) AND PRESIDENT PRO TEMPORE
House Districts: CLIFTON GOLDEN (81ST)
MARY ELLEN COX (82ND) AND SPEAKER OF THE HOUSE
HAROLD CURTI,5 (83RD)
W. J. WOOLARD (84TH)
ETHELYNE KRISTO (85TH)
The SILVER HAIRED LEGISLATURE consiste-d of seven connittees: Housing and Education,
Finance, Courto of Justice, Health and Institutions, Labor and Connerce, Genez-al Law
and Social Services jointty responsible to the House and Senate. Each conmittee
debated five bitts and with amendments were submitted to the House and Senate for
approvat or deniat. Twenty-five of the originat thirty-five wilt be considered for
possible passage in the "reat" General Assembly. Among these, a bill to attocate
$1.5-Miltion for pubtic transportation for the elderly overwhe@ngly passed. Each
bill was properly drafted by the Legislative Services Division of the General
AssembLy and those approved must be sponsored by a pubticly-elected Legistator when
the General Assembty meets in January 1984. To offset anticipated coats, private
industry raised $45,000 towar-d establishing this 140-member SILVER HAIRED LEGIS-
LATURE. Among other biLLs, Senate President Pro Tempore Sam Houston and Speaker of
the House Mary Ellen Cox drafted a Joint Resolution requesting this Legistature be
evaluated, reviewed as to rules and procedures and continued another year. There
are twenty-five different agencies under the Virginia Department of Aging. The Life
span of human beings has been increased over the years by advances in medicine and
technology; but, as science continues to prolong life, pressures and demands falt
upon society for ext @ ed care.
NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council
recognize those whose appointments have brought honor and who8e servicea distinguieh
them as STERLING CITIZENS by the numerous sacrifices and contributions they have
individuatty and cottectivety made to our City.
BE IT FURTHER RESOLVED: That this Resotuticn be framed for preaentation
to:
C L I F T 0 N G 0 L D E N
and the Clerk of Councit directed to incorporate thi8 tr-ibute in the regutar pro-
ceedings of this Forniat Session of City Council this Sixth day of September,
Nineteen Hundred Eighty-Three.
Given under my hand and seal,
Mayor
September 6. 1983
-31-
RESOLUTTON IN RECOGNITION
SILVER liAIRED LEGISLATURE
WHEREAS: Virginia's Senior Citizen poputation is 785,000 (of zohich 18,542
are in virginia Beach), Governor Charles Robb recently created the SILVER HAIRED
LEGISLATURE. Forty senators and one hundred delegates--seasoned thinkers, all of
whom are over Sixty--met at the Capitol in Richmond with complete use of all General
Assembly facilities August 7-10, 1983;
WHEREAS: These appointed representatives nrirrored the elected State
Legistature--except, they were non-partisan. Virginia Beach representatives were:
Senatoriat Districts: BEULAH HUMPHRIES (7TH)
SAM HOUSTON (8TH) AND PRESIDENT PRO TEMPORE
House Districts: CLIFTON GOLDEN (81ST)
MARY ELLEN COX (82ND) AND SPEAKER OF THE HOUSE
HAROLD CURTIS (83RD)
W. J. WOOLARD (84TH)
ETHELYNE KRISTO (85TH)
The SILVER HAIRED LEGISLATURE consisted of seven conmittees: Housing and Education,
Finance, Courts of Justice, Health and Institutions, Labor and Comnerce, Genez-al Law
and Social Services jointty responsibte to the House and Senate. Each conmittee
debated five bitts and with cunendments were submitted to the House and Senate for
approval or denial. Twenty-five of the original thirty-five witl be considered for
possibte passage in the "reat" Generat Assembly. Among these, a bitt to allocate
$1.5-MiLtion for pubtic transportation for the elderty overwhetmingly passed. Each
bitt was properly drafted by the Legistative Services Division of the Gener-al
AssembLy and those approved must be sponsored by a publicty-elected Legislator when
the Generat Assembly meets in January 1984. To offset anticipated costs, private
industry raised $45,000 toward establishing this 140-member SILVER HAIRED LEGIS-
LATURE. Among other bitts, Senate President Pro Tempore Sam Hou8ton and Speaker of
the House Mary Etten Cox drafted a Joint Resolution requesting this Legistature be
evaluated, reviewed as to rutes and procedures and continued another year. There
are twenty-five different agencies under the Virginia Department of Aging. The life
span of human beings has been increased over the years by advances in medicine and
technology; but, as science continues to prolong life, prea8ures and demands fall
upon society for extended care. I
NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council
recognize those whose appointmenta have brought honor and whose services distinguish
them as STERLING CITIZENS by the numerous sacrifices and contributions they have
individuatly and cottectively made to our City.
BE IT FURTQER RESOLVED: That this Resolution be framed for presentation
to:
M A R Y E L L E N C 0 X
and the Clerk of Council directed to incorporate this tribute in the regular pro-
ceedings of this Format Session of City Council this Sixth day of September,
Nineteen Hundred Eighty-Three.
Given under my hand and seal,
Mayor
September 6, 1983
-3 2-
RESOLUTION IN RECOGNITION
SILVER HAIRED LEGISLATURE
WHEREAS: Virginia's Senior Citizen poputation is 785,000 (of which 18,542
are in Virginia Beach), Governor Chartes Robb recentty created the SILVER HAIRED
LEGISLATURE. Forty senators and one hundred delegates--seasoned thinkers, all of
whom are over Sixty--met at the Capitol in Richmond with complete use of all Genez-aL
Assembty facilities August 7-10, 1983;
WHEREAS: These appointed representatives mirrored the elected State
Legistature--except, they were non-partisan. Virginia Beach representatives were:
SenatoriaL Districts: BEULAH HUMPHRIES (7TH)
SAM HOUSTON (8TH) AND PRESIDENT PRO TEMPORE
House Districts: CLIFTON GOLDEN (81ST)
MARY ELLEN COX (82ND) AND SPEAKER OF THE HOUSE
HAROLD CURTIS (83RD)
W. J. WOOLARD (84TH)
ETHELYNE KRISTO (85TH)
The SILVER HAIRED LEGISLATURE consisted of seven committees: Housing and Education,
Finance, Courts of Justice, Health and Institutions, Labor and Comerce, Generat Law
and Social Ser-vices jointly responsible to the House and Senate. Each conwittee
debated five bitla and with anendments were submitted to the House and Senate for
approval or denial. Twenty-five of the original thirty-five wilt be considered for
po8sible passage in the "reat" General Assembly. Among these, a bitt to allocate
$1.5-mittion for public transportation for the elderly overwhetmingly passed. Each
bitt wa8 properly drafted by the Legistative Services @vision of the Generat
Assembly and those approved must be sponsored by a pubticly-elected Legi8tator when
the General Assembty meets in January 1984. To offset anticipated costs, private
industry raised $45,000 toward estabtishing this 140-member SILVER HAIRED LEGIS-
LATURE. Among other bills, Senate President Pro Tempore Sam Houston and Speaker of
the House Mary Ellen Cox drafted a Joint ResoLution requesting this Legi8tature be
evatuated, reviewed as to rutes and procedures and continued another year. There
are twenty-five different agencies under the Virginia Department of Aging. The Life
span of human beings has been increased over the years by advances in medicine and
technotogy; but, as science continues to protong tife, pressures and den?ands fatt
upon society for extended care.
NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Councit
recognize those whose appointments have brought honor and whose services distinguish
them as STERLING CITIZENS by the nwnerous sacrifices and contributions they have
individually and collectively made to our City.
BE IT FURTHER RESOLVED: That this Resolution be fz-amed for presentation
to:
H A R 0 L D C U R T I S
and the Clerk of Councit directed to incorporate this tribute in the regular pro-
ceedings of this Forml Seesion of City Councit this Sixth day of September,
Nineteen Hundred Eighty-Three.
Given under my hand and aeal,
Mayor
September 6, 1983
-33-
RESOTIUTION IN RECOGNITION
SILVER HAIRED LEGISLATURE
WHEREAS: Virginia's Senior Citizen population is 785,000 (of which 18,542
are in Virginia Beach), Governor Chartes Robb recentty created the SILVER HAIRED
LEGISLATURE. Forty senators and one hundred delegates--seasoned thinkers, att of
whom are over Sixty--met at the Capitol in Richmond with comptete use of all Genez-al
Assembly facilities August 7-10, 1983;
WHEREAS: These appointed repre8entatives mirrored the etected State
Legislature--except, they were non-partisan. Virginia Beach representatives were:
Senatorial District8: BEULAH HUMPHRIES (7TH)
SAM HOUSTON (8TH) AND PRESIDENT PRO TEMPORE
House Districts: CLIFTON GOLDEN (81ST)
MARY ELLEN COX (82ND) AND SPEAKER OF THE HOUSE
HAROLD CURTIS (83RD)
W. J. WOOLARD (84TH)
ETHELYNE KRISTO (85TH)
The SILVER HAIRED LEGISLATURE consiated of seven connittees: Housing and Education,
Finance, Courts of Justice, Health and Institutions, Labor and Cormnerce, General Law
and Sociat Services jointly responsible to the House and Senate. Each comnittee
debated five bille and with amendmente were submitted to the House and Senate for
approval or denial. Twenty-five of the original thirty-five will be con@ered for
possible passage in the "real" General Assembty. Among these, a bitt to allocate
$1.5-Mittion for public transportation for the elderly overwhelmingly passed. Each
bitt was properly drafted by the LegisLative Services Division of the Generat
Assembly and those approved must be sponsored by a publicly-elected Legislator when
the Generat Assembty meets in January 1984. To offset anticipated costs, pr-ivate
industry raised $45,000 toward establishing this 140-member SILVER HAIRED LEGIS-
LATURE. Among other bills, Senate Pre@ent Pro Tempore Sam Houston and Speaker of
the House Mary Etten Cox drafte-d a Joint Resolution requesting this Legislature be
evaluated, reviewed as to rules and procedure8 and continued another year. There
are twenty-five different agencies under the virginia Department of Aging. The life
span of human beings has been increased over the years by advances in medicine and
technology; but, as science continues to protong Life, pressures and demands fall
upon society for extended care.
NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach city Council
recognize those whose appointments have brought honor and whose services distinguish
them as STERLING CITIZENS by the numerous sacrifices and contributions they have
individualty and collectively made to our City.
BE IT FURTHER RESOLVED: That this Resotution be franed for presentation
to:
W. J. W 0 0 L A R D
and the Clerk of Council directed to incorporate this tribute in the regular pro-
ceedings of this Format Session of City Councit this Sixth day of September,
Nineteen Hundred Eighty-Three.
Given under my hand and seal,
Mayor
September 6, 1983
-34-
RESOLUTION IN RECOGNITION
SILVER HAIRED LEGISLATURE
WHEREAS: Virginia's Senior Citizen population is 785,000 (of which 18,542
are in Virginia Beach), Governor Chartes Robb recently created the SILVER HAIRED
LEGISLATURE. Forty senators and one hundred detegatee--seasoned thinkers, att of
whom are over Sixty--met at the Capitot in Richmond with complete uae of all General
Assembly facitities August 7-10, 1983;
WHEREAS: These appointed representatives mirrored the elected State
Legislature--except, they were non-partisan. Virginia Beach representatives were:
Senatoriat Distr-icts: BEULAH HUMPHRIES (7TH)
SAM HOUSTON (8TH) AND PRESIDENT PRO TEMPORE
House District8: CLIFTON GOLDEN (81ST)
MARY ELLEN COX (82ND) AND SPEAKER OF THE HOUSE
HAROLD CURTIS (83RD)
W. J. WOOLARD (84TH)
ETHELYNE KRISTO (85TH)
The SILVER HAIRED LEGISLATURE consisted of seven comittees: Housing and Education,
Finance, Courts of Justice, Reatth and Institutions, Labor and Comerce, General Law
and sociat Service8 jointly responsible to the House and Senate. Each comittee
debated five bills and with amendments were submitted to the House and Senate for
approval or denial. Twenty-five of the original thirty-five toill be considered for
possible passage in the "reat" Generat Assembty. Among these, a bill to allocate
$1.5-Miltion for public transportation for the elderly ovez-whe@ngty paesed. Each
bitt was Properly drafted by the Legislative Services L%vision of the General
Assembly and those approved mu8t be Bponsored by a pubticly-elected Legislator when
the GeneraL Assembly meets in January 1984. To offset anticipated costs, private
industry raised $45,000 toward ebtabtiahing this 140-member SILVER HAIRED LEGIS-
LATURE. Among other bitts, Senate President Pro Tempore Sam Houston and Speaker of
the House Mary Ellen Cox drafted a Joint Resolution requesting this Legislature be
evaluated, reviewed as to rutes and procedures and continued another year. There
are twenty-five different agencies under the Virginia Department of Aging. The Life
span of human beings has been increased over the years by advances in medicine and
technology; but, as science continues to protong Life, pressures and demands fatt
upon society for extended care.
NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council
recognize those whose appointments have brought honor and whoae services distinguish
them as STERLING CITIZENS by the numerous sacrifices and contributions they have
individually and cottectively made to our City.
BE IT FURTHER RESOLVED: That this Resotution be franed for presentation
to:
E T H E L Y N E K R I S T 0
and the Clerk of CounciL directed to incorporate this tribute in the regular pro-
ceedings of this Format Se8sion of City Council this Sixth day of September,
Nineteen Hundred Eighty-Three.
Given under my hand and seat,
Mayor
September 6, 1983
-35-
Item II-H.2
CONSENT AGENDA ITEM # 20541
Upon motion by Councilwoman Oberndorf, seconded by Councilman Robert Jones,
City Council DEFERRED indefinitely a Resolution in support of pending Federal
legislation that would reduce liability of cities in certain civil suits.
Voting: 9-0
Council Members Voting Aye:
John A. Baum, Harold Heischober, Vice Mayor Barbara M. Henley,
H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones,
W. H. Kitchin, 111, Reba S. McClanan, Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Nancy A. Creech and J. Henry McCoy, Jr., D.D.S.
September 6, 1983
-36-
A RESOLUTION IN SUPPORT OF
PENDING FEDERAL LEGISLATION
THAT WOULD REDUCE LIABILITY
OF CITIES IN CERTAIN CIVIL SUITS
WHEREAS, the Federal Courts have liberally interpreted
various sections of the United States Code; and
WHEREAS, such interpretations of 42 U.S.C. 1983 and 42
U.S.C. 1988 have eliminated certain reasonable defenses of
state and local goverrments in suits alleging violations of
civil rights, and have resulted in awards of excessive attorney
fees respectively; and
WHEREAS, the abilities of cities to provide necessary
public services could be severely diminished due to excessive
court awards which are a result of the liberal interpr'etations
of these Statutes by the Federal courts; and
WHEREAS, Senators orrin Hatch and Strom Thurmond have
introduced Senate Bill 141 before the 98th Congress for the
purpose of clarifying certain sections of 42 U.S.C. 1983 and
42 U.S.C. 1988 so as to allow state and local govertments the
ability to utilize reasonable defenses which previously had
been recognised by the courts as being proper, and to more
clearly define and limit the award of attorneys fees in certain
civil suits which may be made against state and local governments;
and
WHEREAS, the need for such legislation is recognized by
the City Council of the City of Virginia Beach;
NOW THEREFORE BE IT RESOLVED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA:
That the City Council of the City of Virginia Beach, after
due deliberation, does hereby endorse and support the passage of
Senate Bill 141 as introduced by Senators Hatch and Thurmond, and
further requests the support of Virginia Senators Trible and
Warner in obtaining passage of this bill.
September 6. 1983
-3 7-
Item II-H.3
CONSENT AGENDA ITEM # 20542
The following spoke on the Atlantic Avenue Beautification Project:
Tom Aiken, retired, represented himself.
Robert Fentress, President, Virginia Beach Chamber of Commerce
Nick Wright, President, Virginia Beach Tourist Bureau
Mel Koch, Past President, Virginia Beach Tourist Bureau
Gary Karageorge, Beach Borough businessman
Attorney Carter Anderson represented the North Virginia Beach Civic League
Upon motion by Councilman Heischober, seconded by Councilman Jennings, City
Council ADOPTED a Resolution authorizing the City Manager to proceed with
the selection and attainment of the services of an engineering firm for
preliminary engineering work for the Atlantic Avenue Beautification Project.
Voting: 9-2
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, J. Henry McCoy, Jr., D.D.S., Meyera E. Oberndorf
Council Members Voting Nay:
Robert G. Jones and Reba S. McClanan
Council Members Absent:
None
September 6, 1983
-38-
A RESOLUTION AUTHORIZING THE CITY
MANAGER TO PROCEED WITH THE SELECTION
AND OBTAIN THE SERVICES OF Am ENGINEERING
FIRM FOR PRELIMINARY ENGINEERING WORK FOR
THE ATLANTIC AVENUE BEAITTIFICATION PROJECT
WHEREAS, on August 22, 1983 the City Manager presented
financing alternatives for the Atlantic Avenue Beautification
Project and identified the next activity as obtaining the
services of an engineering firm for preliminary engineering
work, and
WHEREAS, among other tasks, the engineering firm will
be asked to provide the following:
1. Identify best routing for underground utilities
that would be least disruptive.
2. Review and further refine phases of project.
3. Review and identify all project elements for cost
justification and make recommendations as to in
what areas we could expect reductions.
4. Review traffic data and offer alternatives to the
redirection of traffic lanes.
5. Provide preliminary information as to e*tsting
underground utilities and possible conflicts.
WHEREAS, funds of approximately $141,500 are presently
available for the engineering work and additional funding of
$56,000 is scheduled for this project in the 1983 Charter
Bond Issue, and
WHEREAS, City Council desires to proceed with the engineering
phase of the project.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE
CITY OF VIRGINIA BEACH THAT the City Manager is hereby authorized
to proceed with the selection of and enter into a contract with
an engineering firm for preliminary engineering work for the
Atlantic Avenue Beautification Project.
Adopted September 6. 1993
ApPROVED AS TO CONTENT
SIGNATM
DEPAITMENT
ST04ORiA
ri I !>
-,5-t
@T"
T-@ 'NEY
-39-
Item II-H.4
CONSENT AGENDA ITEM # 20543
Upon motion by Councilwoman Oberndorf, seconded by Councilman Robert Jones,
City Council ADOPTED a Resolution extending the date for commencement of
construction from September 30, 1983 to August 30, 1985 by the Virginia
Beach Arts Center of a facility dedicated to the furtherance and appre-
ciation of the arts for the public benefit.
Voting: 9-0
Council Members Voting Aye:
John A. Baum, 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, Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Nancy A. Creech and J. Henry McCoy, Jr., D.D.S.
September 6, 1983
-40-
A meeting of the Council of the City of Virginia Beach,
Virginia, was held in the Council Chambers, in the Administration
Building, on the (,f-h day of September 1983.
On motion by and seconded
by R,h,rt T,n,, t e@o@owing -Resolution was
adopte
R E S 0 L U T I 0 N
WHEREAS, the Council of the City of Virginia Beach,
Virginia, adopted a resolution on may 17, 1982, authorizing the
Interim City Manager to execute a lease between the City of
Virginia Beach and the Virginia Beach Arts Center, Inc.; and
WHEREAS, the purpose of such lease was to lease certain
property commonly known as Toll Road Park to the Virginia Beach
Arts Center, Inc. for the construction and maintenance of a
facility dedicated to the furtherence and appreciation of the
arts for the public benefit; and
WHEREAS, said lease specified that the Virginia Beach
Arts Center, Inc. would commence the construction of the
above-mentioned facility on or before September 30, 1983; and
WHEREAS, the Virginia Beach Arts Center, Inc., has made
much progress in planning and financing such facility but
requests that the date for commencment of construction be
extended.
NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA:
That the City Manager is hereby authorized to execute
the attached Lease Amendment between the City of Virginia Beach
and the Virginia Beach Arts Center, Inc. extending the date for
the commencment of construction of said facility from September
30, 1983, to August 30, 1985.
Adopted by the Council of the City of Virginia Beach,
Virginia, on September 6, 1983
MES/sm
8/9/8 3
(RES. 2) -1.@, TO CC@N
etTOPO
-41-
Item II-H.5
CONSENT AGENDA ITEM # 20544
Upon motion by Councilwoman Oberndorf, seconded by Councilman Robert Jones,
City Council ADOPTED a Resolution authorizing the City Manager to execute an
agreement with Tidewater Builders' Association to conduct a building
maintenance pre-apprenticeship training program.
Voting: 9-0
Council Members Voting Aye:
John A. Baum, Harold Heischober, Vice Mayor Barbara M. Henley,
H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones,
W. H. Kitchin, Ill, Reba S. McClanan, Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Nancy A. Creech and J. Henry McCoy, Jr., D.D.S.
September 6, 1983
-42-
Requested by the Office of HOUSing and Community Development
RESOLUTION AUTHORIZING THE CITY
MANAGER TO EXECUTE AN AGREEMENT WITH
TIDEWATER BUILDERS' ASSOCIATION TO
CONDUCT A BUILDING MAINTENANCE
PRE-APPRENTICESHIP TRAINING PROGRAM.
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 Building maintenance
Pre-Apprenticeship Program; and
WHEREAS, the CITY expects its funding request to be
approved by the U.S. Department of Housing and Development; and
WHEREAS, TBA represents that it is qualified and willing
to perform the services in connection with training ten (10) persons
in Building Maintenance Pre-Apprenticeship 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 the
Tidewater Builders' Association to conduct the training activities;
and
WHEREAS, the Tidewater Builders' Association has agreed to
conduct this training in accordance with the terms and conditions of
a contract providing for the training for the sum of Eighty-Five
Thousand Dollars ($85,000).
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA:
That the City Manager is hereby authorized to enter into
an agreement with the Tidewater Builders' Association for the
purposes referenced above and for the terms and conditions more
September 6, 1983
-43-
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 6th day of September 1983.
8/30/8 3
(RES. 3)
APPROVED AS TO CONTENT
StGNATUR
DEPARTMENT
APPROVED AS TO FOR@,I
CITY 6, @T "'Y
-2-
September 6, 1983
-44
CONTRACT FOR BUILDING MAINTENANCE PRE-APPRENTICESHIP TRAINING
This Agreemtnt, en.tered into as of the day of
1983, is a contract by and between the City
of Virginia Beach (hereinafter called CITY) and the Tidewater
Builders Association, Inc. (hereinafter called TBA).
N I T N E S S E T B:
WHEREAS, the CITY has applied for funds from th* 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 Building maintenance
Pre-Apprenticeship Program; and
WHEREAS, the CITY expects its funding request to be
approved by the U.S. Department of Housing and Urban Developmenti
and
WHEREAS, TBA represents that it is qualified and willing
to perform the services in connection with training ten (10)
persons in Building Maintenance Pre-Apprenticeship if such funds
are approved by the U.S. Department of Housing and Urban
Development for this purpose.
NON THEREFORE, in connection with these premises and
mutual covenants, promises and representations contained herein,
the two parties hereto do mutually agree to the following.
T E R N S A N D C 0 N D I T I 0 N S
1. Definitions: The following terms are defined as to their
usage in this agreement.
A. OCITY": Wherever the word 'CITY" appears, it shall
mean the local government in the City of Virginia Beach, an
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 Comunity
Developmont.
S. OTBAnt Wherever TBA appears, it shall mean the
Tidewater Buildere Aseociation, Inc. located in Chosapeakq,,
Virginia, represented by Prank Smith, its zx*cutive
Vice-President.
11. No Joint Venture: it is agreed that nothing contain*d in
this agreement shall be deemed or construed as creating a
partnership or joint venture between the CITY and any other
party, or cause either party to be responsible in any way for the
debts or obligations of the other party. TBA shall perform its
servLces under this agreement as an independent contractor, and
nothing herein shall be construed as placing TOA or the trainees
Of TBA in the category of either a classified or other type
employee of the CITY.
III. Dmages: TBA shall be responsible for the prof*ssional
quality, technical accuracy and the coordination of all training
activities and the work to be performed by its trainees and
supervisors under THIS AGREEMENT. TBA shallf without additional
compensation, correct or revise any errors or deficiencies in the
work performed by its trainees up to the period of one (1) year
after the work is completed. Any revisions of errors or
deficiencies shall be corrected utilizing trainees of existiftg
training progrms to TSA who shall be supervised by TBA.
Neither the CITY'S review, approval or acceptanc* 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 TBA 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 TH16
AGREEMENT.
The rights and remedies of the CITY provided for under
THIS AGREEMENT are in addition to any other rights and remedies
provided by law.
TSA shall indemnify and save harmless the CITY and its
agents, servants, employees and officers from all claims, lose,
damage, injury, liability, costs and expenses of whatsoev*r kind
of nature (including attorney's fees) caused by or resulting
4G
directly or indirectly from TBAIS negligent Perform&nL'* of any of
the services furnished under THIS AGREEMENT; and without limiting
the generality of the forogoing, 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 TBA either expressed or implied.
IV. Insurance: 1. TSA shall, within ten (10) days from th*
date of acceptance of their proposal, file with the CITY
certificates or policies of workmen's compensation and automobile
liability, satisfactory to the CITY in compliance with the law,
and in form and amount sufficient to properly protect the CITY
and TBA until final acceptance of the services. Bach 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. TSA shall carry workmen's compensation insurance as
provided by virginia State Law.
3. TSA agrees to secure, and maintain in *ffect at all
tines during the period THIS AGREEMENT is in effect,
comprehensive general liability insurance at limits not leas than
Five Hundered Thousand Dollars ($500,000) coubined single limit
and autmobile liability insurance at limits not leas than Five
Hundred Thousand Dollars ($500,00) combined singl* 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 tern of the contract.
V. 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 TSA 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
-3-
4 -T'
have the right to use same for any public purpos* without
compensation to TBA other than as hereinaft*r provided.
VI. General: 1. TBA warrants that they have not employed or
retained any company or person, other than a bona fide employee
working solely for TSA 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
working for TBA, any fee, comission, percentage, brokorage ftes,
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 discretion to
deduct from THIS AGREEMENT price or consideration, or otherwise
recov*r the full amount of such fee, comission, percentage
brokerage fee, gift or contingent fee.
2. TBA 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. TBA shall not sublet or assign any or any part of
the work or services contained in THIS AGREEMENT without th*
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 TBA 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. TSA 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 asgiat TSA by placing at their
disposal all available information pertinent to the project as
moon as practicable after request by TOA for such information.
-4-
7. The CITY reserves the right to torminate THIS
AGREEMENT in whole or in part at any time by Bonding to TSA
fifteen (15) days in advance a written termination notice, after
which period TSA shall discontinue all work and services and,
upon payment of all amounts owed to TBA, 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.
S. In the evont THIS AGREEKLINT is so terminated,
payment shall be made on the basis of the actual percent coapltt*
on the effective date of termination.
VII. Changes in Work: no change in the character or extent of
the work to be performed by TBA and affecting the time or the
compensation shall be made except by suppl*uental aqreement in
writing betwe*n the CITY and TBA. The supplemental agreement
shall met forth the proposed changes in work, extension of time
for completion and adjustment of the compensation to be paid TSA,
if any.
VIII. Claims for Extra Compensation: In any case where TOA
believes extra compensation is due for work and services not
clearly covered by THIS AGREEMENT or supplement thereto, TBA
shall promptly notify the CITY in writinq of their irttention to
make claim for such extra compensation before they beqin 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 TSA shall
not in any way be construed as provinq 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 *xtra work
In accordance with the terms of a supplemental agreement entered
into beforo such work is started.
The costs incurred by TBA in preparing a claim shall be
maintaLned in a separate account. Such account shall be clearly
coded and identified, and shall be subject to audit by the CITY.
-5-
9
These costs shall become a part of the claim and serve as
documentation thereto. If the claim is allowed and paid, th*se
costs shall become and be paid as a part of the claimod paym*nty
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.
IX. Delays: In the event of a substantial delay in progress of
work due to factors other than results of TSA operation or
actions, the maximum total compensation payable, net fee and
schedules of completion will be subject to review upon request by
TBA 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.
X. Scope of Services: TSA shall provide the following services
in a proper and effective manner as determined by the CITY in
connection with conducting a Building Maintenance
Pre-Apprenticeship Training Program for ten (10) r*sidents of the
City of Virginia Beach.
A. Recruitment and Retention: TBA shall screen,
counsel and accept ten (10) qualified persons with the capability
of participating in the program. TBA shall be responsible for
all the administration relating to the sel*cting and processing
the ten (10) selected individuals. if, after the beglnning of
the training program, a trainee or trainees withdraw from
participation in the program, TBA shall replac* such train** or
trainees with another (other) participant(s) within forty eight
(48) hours after withdrawal if a qualified trainee is available,
so there shall always be at least ten (10) trainees participating
in the program throughout the tern of the program.
Priority shall be given to applicants in the following
order:
So
1. Target neighborhood residents who have b*en
unemployed for st least 15 of the last 26 wooke as
of March 24, 1983.
2. Target neighborhood residents who have been
unemployed less than 15 of,the last 26 weeks prior
to March 24, 1983.
3. Target neighborhood residents who have been
unemployed for any number of weeks since march 24,
1983.
4. Target neighborhood residents who are desirous of a
change in employment or vocation.
5. Any resident of the City of Virginia Beach who
complies with 1 thru 4 above.
The CITY shall assist in this effort through referral of
potential applicants, promoting the program among the civic
leagues and the Citizens' Advisory Comittee, disseminating
information and assisting in receiving applications.
B. Training Outline: 1. Phase I - TSA shall conduct
classroom and field training in the following subjects during the
First Phase of the training program: Orientation, 16 hours;
Electrical, 26 hours; Heating, Ventilation and Air Conditioning,
26 hours; Plumbing, 34 hours; Ground Maintenance, 34 hoursi
Safety on the Job, 8 hours; Surface Maintenance, 34 hourat
Cleaning Maintenance, 26 hours; Carpentry, 98 hours; and
Practical Problems in Mathematics, 18 hours. Phase I shall
include classroom training and, where applicable, practical
application.
TBA shall provide the physical facilities and all tools
and equipment necessary to conduct the training. Upon compl*tion
of the eight-week, pre-apprenticeship training program, the ton
(10) selected individuals will be enrolled in a two-y*ar,
building maintenance apprenticeship program and will receivo 144
hours of apprenticeship training annually. TRA shall pay all of
the lab fe*s and provide the books and materials necessary to
att*nd this training. There will be no cost to the student.
TSA's apprenticeship standards shall be registered through the
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Bureau of Apprenticeship & Training with the State of Virginia
and the U.S. Department of Labor, and upon completion of this
two-year program, the trainees shall receive their Journeymonal
Certificate.
2. Phase II - After completion of Phase 1, trainees
shall be retained for a period of sixteen (16) weeks and will
perform the following activities under the supervision of TSA.
a. Surveying houses in target neighborhoods to
determine the extent of repair, maintenance and
rehabilitation of houses to make the house safe and
sanitary.
b. Develop the items of work to be performed on each
house, a copy of which shall be provided to the
Office of Housing and Comunity Development.
c. Develop the cost of the work to be performed on the
house, a copy of which shall be provided to the
Office of Housing and Community Development.
d. Develop the list of materials to be purchased for
the work on the house, a copy of which shall be
provided to the Office of Housing and Comunity
Development.
e. Perform all of the work as detailed, and where
appropriate, obtain the necessary inspections and
permits.
f. Each house shall be inspected by the nouning
Rehabilitation Specialist of the Office of nouning
and Comunity Development upon completion.
TBA shall provide all instructional and administrative
support during Phase II and shall supply all electrical,
plumbing, lawn maintenance, and carpentry tools necessiry to
conduct total hands-on-training and field work phases of thlo
program.
The CITY shall assist doing Phase.II by identifying
houses in target neighborhoods upon which the work may be
-8-
performed, supplying form agreements from which hom"wnerm may
allow the work to be performed, certifying hom*owner eligibility
for rehab loans and/or grants, and reviewing applications by
homeowners for loan and/or grant funds to pay for the work, where
appropriate.
3. Post Training Program Activities: imediat*ly
following the Phase Ii work period, TEA shall assess the
trainee's intereat in entoring a certified apprenticeshlp proqran
or becoming a licensed contracting firm. Trainoes intereated in
entering a certified apprenticeship proqram shall be so entered.
The remaining trainees shall be incorporated into an independent
contractinq firm with a Class B license in order to perform
rehabilitation work in the Tidewater area. Such firm shall be so
structured an to be able to become a certified bidder on
rehabilitation work through the Office of Housing of Comunity
Development.
The City may assist in this effort by formulating
financing plans, markeiing strategies, manag*ment plans, and
other necessary information and resources which may be necessary
for the successful operation of the firm.
As mutually agreed, TBA and the CITY shall monitor the
progress of the firm for a Period not to exceed two (2) years.
The terms and conditions of the extent of the monitoring process
shall be mutually agreed upon by TBA and the CITY prior to
conclusion of Phase II.
XI. Contract Duration: All services identifed in Section X A
and B(2), shall be completed within eighteen (18) months after
the date of signing of THIS AGREEMENT.
XII. Subcontracts: TBA shall not subcontract or otherwise
assign any of the services covered in Section X without prior
written approval by the CITY. Any approved subcontracting
activiti*a will comply with applicable equal business opportunity
standards for federally assisted contracts.
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XIII. Programetic Reviewat From time to time durinq the tern
of this contract, th* CITY may review and evaluate th* content,
quality and progress of the program outlined in this docum*nt.
As a result of such review and evaluations, the CITY may requ*st
in writing that the scope of services be revised. Such request
for modifications will be implemented if mutually aqreed u n by
Po
TBA and th* CITY.
XIV. Rules and Regulations: All the rules and rtgulations
promulqated pursuant to, and otherwise applicable to, the
Emergency Jobs Bill of 1983 (PL 98-8) are hereby incorporated by
reference. TBA is responsible to the CITY for complying with
those rules and regulations which are applicable to this
contract. The CITY'S Grant Aqreement 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.
XV. Environmental Review: The CITY will meet any
environmental i @ ct protection, review responsibilities
entrusted under the National Environmental Policy Act of 1969
(Public Law 91-190) and the requlations issued pursuant
thereto.
XVI. Contract Records: TSA shall meet the following conditions
on any and all records and documents pertaining to this
contract.
A. Access: TSA hereby grants access to any duly
authorized representative from the CITY, from the Comptroll*r
General of the United States, from the U.S. Department of Housing
and Urban Development, and any other relevant Federal ag*ncy, to
the records and documents pertaining to this contract which are
in his possession or under his control. Such access shall be for
th* express purpose of making audit, ex"ination, excerpts and
transcriptions ther*of.
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B. Maintenance: TBA shall proserv* and maintain all
contract records and documents for at least thre* 13) years after
the CITY makes final paymont of this contract, after all pending
matters under this contract are closed, or after the time fram
stated in Section X, whichever is later.
XVII. Termination: The CITY and TBA hereby agree to the
following conditions, processes, and rights pertaining to
contract termination.
A. For Cause: The CITY retains the right to terninat*
this contract for cause, as determined through standard contract
administration principles and as provided by Law.
B. Punding 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 TBA fails to comply with the
rules and regulations referenced in Section XIV, the CITY
reserves the right to terminate this contract after a reasonabl*
attempt to secure compliance.
D. Notification: If this contract is terminated, the
CITY shall imediately notify TBA 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. Settlement Compensation: The CITY shall componsate
TBA 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
contracts are closed out.
XVIII. Employee Interest: The CITY hereby certifies that no
knowledge exists which reveals a real or apparent conflict of
intereat by any City employee participating in the selection,
award, or administration of this contract.
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XIX. @ompensation: The CITY and TBA agree to th* following
terms relating to coaponeation under this contract.
CONTRACT LINITATIONT THR TOTAL SUN OF ANY ANI) ALL
PAYMENTS MADE BY THE CITY TO TSA POR SERVICES UNDBR THIS CONTRACT
IS NOT @ EXCEED EIGHTY-FIVE THOUSANK) DOLLARS ($85,000). THIS
SUM SHALL CONSTITUTE FULL AND TOTAL COMPENSATION FOR THE SERVICXB
IDENTIFIED HEREIN AND RENDERED TO THE CITY.
XX. Method of Payment:
A. Phase I
1. Tuition - TBA shall submit an invoico to the CITY
for the training costs of the trainees imediatey upon etl*ction
of the traintes and their acceptance in the training program.
The requisition shall include the name and address of each
traineee and a certification from TBA that each trainee meets the
minimum qualifications for acceptance in the program. upon
recoipt of an acceptable invoice, the CITY shall proc*sa the
requisition and forward the fund to TRA within fifteen (15)
working days. Maximum Tuition Compensation: Twenty-four
Thousand Dollars ($24,000).
2. Stipend Wagoo - TBA shall submit a monthly Invoice
detailing the wages paid to all trainees participating in the
program. Such invoice shall include the name of the trainees,
Social Security number, the number of hours of participation, and
the amount paid. The CITY shall reimburse TSA for th* atipond
wages paid to trainees. Maximum per trainee: $100 p*r w*ek.
Maximum Stipend Compensation: Eight Thousand Dollars ($8,000)
B. Phase II
TSA shall submit an invoic* on* month after the
beginning of Phase II of the Program. Such invoice shall detail
all of th* actual costs incurred during the preceding month's
activities. Such invoice shall also be supported by a receipt or
other ovidence of purchase for any single itto that exc*eds Five
Hundrod Dollars ($500) in cost.
Bach invoice shall be accompaniod by a
certification from TSA that the work has been performed
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XIX. Compensation: The CITY and TSA agree to the following
terms relating to compensation under this contract.
CONTRACT LIMITATION: THE TOTAL SUM OF ANY AND ALL
PAYMENTS MADE BY THE CITY TO TBA FOR SERVICES UNDER THIS CONTRACT
IS NOT TO EXCEED EIGHTY-FIVE THOUSAND DOLLARS ($85,000). THIS
SUK SHALL CONSTITUTE FULL AND TOTAL COMPENSATION FOR THE SERVICES
IDENTIFIED HEREIN AND RENDERED TO THE CITY.
XX. Method of Payment:
A. Phase I
1. Tuition - TBA shall submit an invoice to the CITY
for the training costs of the trainees immediatey upon selection
of the trainees and their acceptance in the training program.
The requisition shall include the name and address of each
traineee and a certification from TBA that each trainee meets the
minimum qualifications for acceptance in the program. upon
receipt of an acceptable invoice, the CITY shall process the
requisition and forward the fund to TBA within fifteen (15)
working days. MaximuM Tuition Compensation: Twenty-four
Thousand Dollars ($24,000).
2. Stipend Wages - TBA shall submit a monthly invoice
detailing the wages paid to all trainees participating in the
program. Such invoice shall include the name of the trainees,
Social Security number, the number of hours of participation, and
the amount paid. The CITY shall reimburse TSA for the stipend
wages paid to trainees. Maximum per trainee: $100 per week.
Maximum Stipend Compensation: Eight Thousand Dollars ($8,000)
B. Phase II
TBA shall submit an invoice one month after the
beginning of Phase II of the Program. Such invoice shall detail
all of the actual costs incurred during the preceding month's
activities. Such invoice shall also be supported by a receipt or
other evidence of purchase for any single item that exceeds Pive
Hundred Dollars ($500) in cost.
Bach invoice shall be accompanied by a
certification from TBA that the work has been performed
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consistent with the terms of this contract. The CITY shall
promptly process for paymeni an invoice within fifte*n (15)
working days after receipt thereof.
Stipend Waqeo paid to the trainees shall b*
process*d an stated in XX, A(2) of THIS AGREEMENT. Maximum
stipend wages per trainee shall be One Hundrod Forty Dollars
($140) per week not to exceed Twenty-two Thousand Pour Hundred
Dollars ($22,400) for all trainees. Maximum additional
co@neation shall not exceed Thirty Thousand Six Hundred Dollars
($30,600), said amount includes a 20 percent Administrative Pee
based on the actual dollar expenditures.
XXI. Contract Entirety: This contract is complete in itself and
forms the entire agreement between the CITY and TBA. no changoot
alterations, or amendments to this contract may be mad* by eith*r
party without the express written consent or acceptanco of the
other party.
XXII. Counterparts: This contract sh4ll be executed in three
(3) Counterparts, each of which shall be deemed to be an oriqinal
contract. One counterpart shall be given to TSA, and the
remaining two counterparts shall be retained by the CITY.
IN WITNESS WHEREOP, the parties of this contract do
hereby *xecute this document by the signatur*s of the respective
chief executive officers, as duly authorized.
CITY OF VIRGINIA BEACH TIDEWATER BUILDERS ASSOCIATION, INC.
Thomas H. Nuehlenbeck
City Manager
Datet Date:
Teste: Attest:
Ruth Hodges m th
City Clerk
A CONTENTS: APP@ PORMs
o mming @and City AttorDey
Comidnity Development
APPROVCD AS TO PUND AVAILABILITY:
Department of Pinance
8 8/6
6
Iii.@ll -13-
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Item II-H.6
CONSENT AGENDA ITEM # 20545
Upon motion by Councilwoman Oberndorf, seconded by Councilman Robert Jones,
City Council ADOPTED Ordinances to amend and reordain the Code of the City
of Virginia Beach to comply with the State Code:
a. Section 21-206, pertaining to vehicle size, weight and
load; combinations of vehicles.
b. Section 21-205, pertaining to special permits for oversize
and overweight vehicles.
C. Section 21-371, pertaining to parking in space reserved for
handicapped persons.
d. Section 21-144, pertaining to bead lamps on motorcycles.
e. Section 21-311, pertaining to reckless driving; speed.
f. Section 21-338, subsections (B) and (E), pertaining to driving
while under influence of alcohol or drug.
g. Sections 21-340 and 21-341, pertaining to driving while under
the influence of alcohol or drug.
h. Section 21-5, pertaining to motor vehicle and traffic code.
i. Section 21-380, pertaining to removal of vehicles from parking
lots, buildings, etc.
Voting: 9-0
Council Members Voting Aye:
John A. Baum, 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, Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Nancy A. Creech and J. Henry McCoy, Jr., D.D.S.
September 6, 1983
AN ORDINANCE TO AMEND AND REORDAIN SECVION
21-206 OF THE CODE OF THE CITY OF VIRGINIA
BEACH PERTAINING TO VEHICLE SIZE, WEIGHT
AND LOAD; COMBINATIONS OF VEHICLES
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
That Section 21-206 of the Code of the City of Virginia
Beach, Virqinia, is hereby amended and reordained as follows:
Section 21-206. Weighing vehicles; unloading excess load.
(a) Any officer authorized to enforce the provisions
of this chapter, having reason to believe that the weiqht of a
vehicle and load is unlawful, is authorized to weiqh the same
load and the vehicle. If the place where the vehicle is stopped
is ten (10) road miles or less from a permanent weighina station,
the officer may, and upon demand of the driver shall, require the
vehicle to proceed to such station. If the distance to the
nearest permanent weiqhing station is more than ten (10) road
miles, such vehicle may be weiqhed by wheel load weiqhers. Any
operator who fails or refuses to drive his vehicle to such
permanent weiqhing station or upon such scales or wheel load
weighers upon the request and direction of the officer so to do
shall be quilty of a Class 4 misdemeanor and-dron-eenvietion
Such penalty
shall be in addition to any other penalities prescribed for
exceeding the maximum weight permitted or for any other
violation.
(b) Should the officer find that the weight of any
vehicle and its load is greater than that permitted by this
article or that the weight of the load carried in or on such
vehicle is qreater than that which the vehicle is licensed to
carry under the provisions of title 46.1 of the Code of virqinia,
he may require the driver to unload, at the nearest place where
the property unloaded may be stored or transferred to another
vehicle, such portion of the load as may be necessary to decrease
the gross weight of the vehicle to the maximum therefor permitted
by this article or state law. Any property so unloaded shall be
r, 0
stored or cared for by the owner or operator of the overweight
vehicle at the risk of such owner or operator. However,
notwithstanding the provisions of section 21-201 should the
officer find that the gross weight of the vehicle and its load is
within limits permitted under this chapter and does not exceed
the limit for which the vehicle is reqistered, but that the axle
weight of any axle or axles of the vehicle exceeds that permitted
under this chapter, the driver shall be allowed up to 120 minutes
to shift his load within or upon that same vehicle in order to
bring the axle weight or axle weights within proper limits. Such
load shiftinq shall be performed at the site where the vehicle
was weighed and found to exceed allowable axle weight limits. No
such load shiftinq shall be allowed if such load consists of
hazardous material as defined in section 18.2-278.1 of the Code
of virginia.
(c) If the driver of an overloaded vehicle is
convicted, forfeits bail or purchases an increased license as a
result of such weiqhing under this section, the court in addition
to all other penalties shall assess and collect a weiqhing fee of
two dollars ($2.00) from the owner or operator of the vehicle and
shall forward such fee to the State Treasurer, who shall allocate
the same pursuant to the terms of S46.1-347 of the Code of
Virginia.
(d) In any court or legal proceedings in which any
question arises as to the calibration or accuracy of any such
scales at permanent weighing stations or wheel load weiqhers, a
certificate, executed and signed under oath by the inspector
calibrating or testing such device as to its accuracy as well as
to the accuracy of the test weights used in such test, and
stating the time of such test, type of tests and results of
testing, shall be admissible when attested by one such inspector
who executed and signed it as evidence of the facts therein
stated and the results of such testing.
Adopted by the City Council of Virqinia 18
P"P,Pit
Virginia, this day of
RMB/Sm
7/20/83
(F) -2-
G
AN ORDINANCE TO AMEND AND REORDAIN SECIION
21-205 OF THE CODE OF THE CITY OF VIRGINIA
BEACH PERTAINING TO SPECIAL PERMITS FOR
OVERSIZE AND OVERWEIGHT VEHICLES
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
That Section 21-205 of the Code of the City of Virginia
Beach, Virginia is hereby amended and reordained as follows:
Section 21-205. Special permits for oversize and overweight
vehicles - Generally.
(a) The citv manaqer may, in his discretion, upon
application in writinq and good cause being shown therefor, issue
a special permit in writinq authorizing the applicant to operate
or move a vehicle upon the highways of the city of a size or
weight exceeding the maximum specified in this article. Except
as otherwise specifically provided, every such permit may
designate the route to be traversed and contain any other
restrictions or conditions deemed necessary by the city manager.
(b) Special permits to operate or move a vehicle upon
the highways of the city of a weight exceeding the maximum
specified in this article shall be qranted without cost where the
vehicle is haulinq or carryinq containerized cargo in a sealed,
seaqoing container bound to or from a virqinia seaport and has
been or will be transported by marine shipment, provided the
sinqle axle weight does not exceed twenty thousand (20,000)
pounds, the tandem axle weiqht does not exceed thirty-four
thousand (34,000) pounds and the qross weight does not exceed
seventy-eight thousand (78,000) pounds; and provided the contents
of such seagoing container are not changed from the time it is
loaded by the consignor or his agents to the time it is delivered
to the consignee or his agents. Cargo moving in vehicles
conforming to specifications shown in this subsection but
exceeding axle and qross weight limitations shown in this
subsection shall be considered irreducible and eligible for
permits under requlations of the state highway and transportation
commission. The requirement of this paragraph that the container
be bound to or from a Virainia seaport need not be met if the
cargo in the container (i) is destined for a seaport outside
Virginia and (ii) consists wholly of farm products grown in that
part of Virginia separated-from the larger part of the
Commonwealth by the ChesaiDeake Bay,
(c) The city manaqer upon application in writing made
by the owner or operator of three-axle vehicles used
exclusively for the mixinq of concrete in transit or at a project
site or for transporting necessary components in a
compartmentalized vehicle to produce concrete immediately upon
arrival at the project site, and havinq a qross weiciht not
exceeding sixty thousand (60,000) pounds, a single axle weiqht
not exceeding twenty thousand (20,000) pounds, and a tandem axle
weight not exceeding forty thousand (40,000) pounds, shall issue
to such owner or operator, without cost, a permit in writing
authorizing the operation of such vehicles upon the hiqhways of
the city. No such permit shall be issued authorizina the
operation of the vehicles enumerated in this subsection for a
distance of more than twenty-five (25) miles from a batchinq
plant, however, the said permit shall not desiqnate the route to
be traversed nor contain restrictions or conditions not
applicable to other vehicles in their general use of the
highways.
(d) The city manager, upon application in writing,
made by the owner or operator of three-axle passenger buses,
consisting of 2 sections joined together by an articulated joint
with the trailer being equipped with a mechanically steered rear
axle, and having a gross weight not exceeding 60,000 pounds, a
single axle weight not exceeding 25,000 pounds and a width not to
exceed 102 inches shall issue to such owner or operator, without
cost, a permit in writinq authorizinq the operation of such
vehicles upon the highways.
(d e) No permit issued under this section providinq
for a single axle weiqht in excess of twenty thousand (20,000)
pounds or for a tandem axle weight in excess of thirty-four
thousand (34,000) pounds shall be issued to include travel on the
federal interstate system of highways.
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G'6
(e f) Each vehicle, when loaded according to the
provisions of a permit issued under this section, shall be
operated at a reduced speed. The reduced speed limit shall be
ten (10) miles per hour slower than the legal speed limit in
fifty-five (55), forty-five (45) and thirty-five (35) miles per
hour speed limit zones.
(f 9) Every permit issued under this section shall be
carried in the vehicle to which it refers and shall be open to
inspection by any officer and it shall be a misdemeanor for any
person to violate any of the terms or conditions of such special
permit.
Adopted by the City Council of the City of Virqinia
Beach, Virqinia, this _ day of 1983.
RMB/sm
7/20/83
(F)
APp
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r, Lk
AN ORDINANCE TO AMEND AND REORDAIN
SECTION 21-371 OF THE CODE OF THE
CITY OF VIRGINIA BEACH PERTAINING
TO PARKING IN SPACE RESERVED FOR
HANDICAPPED PERSONS
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
That Section 21-371 of the Code of the City of Virginia
Beach, Virqinia is hereby amended and reordained as follows:
Section 21-371. Parkinq in space reserved for handicapped persons.
(a) It shall be unlawful for a nonhandicapped operator of
a motor vehicle to park in a parkinq space reserved for the
handicapped on public Property or at privately owned shopping
eentere-or-business-off4ees parking areas, unless such operator is
usinq the motor vehicle to transport a handicapped person who has
obtained a special vehicle parkinq permit from the division. Such
special vehicle parkinq permit must be displayed in the front
windshield of the motor vehicle when such vehicle is parked in a
parkinq space reserved for the handicapped.
(b) Any operator of a motor vehicle parked in violation
of this section in a parkinq space reserved for the handicapped on
public property or at a privatelv owned shoppinq-eenter-or-b"siness
offlee parkinq area shall be quilty of a Class 4 misdemeanor and
may be issued a summons by a police officer, without the necessity
of a warrant being obtained bv the owner of @-shopp+ne-eenteL.-Or
bt2sinese-offiee such private parking area.
Adopted by the Council of the City of Virginia Beach,
Virginia, this day of 1983.
RMB/sm
7/2 7/8 3
(F)
APPR NT
CITY ATTOPNEY
AN ORDINANCE TO AMEND AND REORDAIN
SECTION 21-144 OF THE CODE OF THE
CITY OF VIRGINIA BEACH PERTAINING
TO HEAD LAMPS ON MOTORCYCLES
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
That Section 21-144 of the Code of the City of Virqinia
Beach, Virginia is hereby amended and reordained as follows:
Section 21-144. Head lamps on motorcycles.
Every motorcycle shall be equipped with at least one and
not more than two (2) head lamps which shall be of a type that has
been approved by the superintendent and shall be capable of
projectinq sufficient light to the front of such motorcycle to
render discernible a person or ob@ect at a distance of two hundred
(200) feet, but shall not project a glaring or dazzling light to
persons approaching the motorcycle. In addition, each motorcycle
may be equipped with not more than two auxiliary front lamps of a
type approved by the superintendent.
Adopted by the Council of the City of Virginia Beach,
Virqinia, this _ day of 1983.
RMB/SM
7/27/8 3
(F)
APPR S ONTENT
SIGNATURE
DEPARTMENT
RM
CITY ATTORNEY
G G
AN ORDINANCE TO AMEND AND REORDAIN
SECTION 21-311 OF THE CODE OF THE
CITY OF VIRGINIA BEACH PERTAINING
TO RECKLESS DRIVING; SPEED
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
That Section 21-311 of the Code of the City of Virginia
Beach, Virqinia is hereby amended and reordained as follows:
Section 21-311. General rule as to reckless drivinq.
Irrespective of the maximum speeds provided for in this
article, any person who drives a vehicle upon a hiqhway
recklessly or at a speed or in a manner so as to endanqer the
life, limb or property of any person shall be guilty of reckless
drivinq; provided that the drivinq of a motor vehicle 4n-v4eabien
at a speed twenty (20) or more miles per hour in excess of any speed
limit provision of this article may constitute
qround for prosecution for reckless drivinq under this section.
Adopted by the Council. of the City of Virqinia Beach,
Virginia, this day of 1983.
RMB/sm
7/2 7/8 3
(F)
APPR 0 ENT
SIGNATURE
NT
A m
I SIGNATU-,E
CITY ATTOI,,4EY
Gz
AN ORDINANCE TO AMEND AND REORDAIN
SECTION 21-338, SUBSECTIONS (B) AND
(E) OF THE CODE OF THE CITY OF VIRGINIA
BEACH PERTAINING To DRIVINC, WHILE UNDER
INFLUENCE OF ALCOHOL OR DRUG
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
That Section 21-338, subsections (b) and (e) of the
Code of the City of Virginia Beach, Virqinia are hereby amended
and reordained as follows.
Section 21-338. Chemical test to determine alcoholic content of
blood.
(b) Any person, whether licensed by the state or not,
who operates a motor vehicle upon a Public hiqhway in this city
shall be deemed thereby, as a condition of such operation, to
have consented to have a sample of his blood or breath taken for
a chemical test to determine the alcoholic content of his blood,
if such person is arrested for a violation of section 21-336,
within (2) hours of the alleged offense. Any person so arrested
shall have the right to elect to have either the breath or blood
sample taken, but not both. It shall not be a matter of defense
that either test is not available. However, if only one type of
test is available, such person shall be required to take the
available test without havinq the right to an election.
(e) Portions of the blood sample so withdrawn shall be
placed in each of two (2) vials provided by the division, which
vials shall be sealed and labeled by the person taking the sample
or at his direction, showinq on each the name of the accused, the
name of the person taking the blood sample and the date and time
the blood sample was taken. The vials shall be placed in two (2)
containers provided by the division, which containers shall be
sealed so as not to allow tamperinq with the contents. The
arrestinq or accompanyinq officer shall take possession of tbe
two (2) containers holdinq the vials as soon, as the vials are
placed in such containers and sealed, and shall transport or mail
one of the vials forthwith to the division. The officer takinq
possession of the other container (hereinafter referred to as
C.I
0
second container) shall, immediately after taking possession of
the second container, qive to the accused a form provided by the
division which shall set forth the procedure to obtain an
independent analysis of the blood in the second container, and a
list of those laboratories and their addresses, approved by the
division. Such form shall contain a space for the accused or his
counsel to direct the officer possessing sucb second container to
forward that container to such approved laboratory for analysis,
if desired. The officer having the second container, after
delivery of the form referred to in the precedinq sentence
(unless at that time directed by the accused in writing on such
form to forward the second container to an approved laboratory of
the accused's choice, in which event the officer shall do so),
shall deliver the second container to the chief of police and or
his duly authorized representative. The chief of police or his
representative upon receiving same shall keep it in his
possession for a period of seventy-two (72) hours, during which
time the accused or his counsel may, in writinq, on the form
provided for hereinabove, direct the chief of police to mail such
second container to the laboratory of the accused's choice chosen
from the approved list.
Adopted by the Council of the City of Virginia Beach,
Virginia, this day of 1983.
RMB/sm
7/18/83
(F)
NTENT
DEPARTM@NT
ORM
CITY A'TO@IEY
-2-
G 1)
AN ORDINANCE TO AMEND AND REORDAIN
SECTIONS 21-340 AND 21-341 OF THE CODE
OF THE CITY OF VIRGINIA BEACH
PERTAINING TO DRIVING WHILE UNDER THE
iNFLUENCE OF ALCOHOL OR DRUG
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
That Sections 21-340 and 21-341 of the Code of the City
of Virqinia Beach, Virqinia are hereby amended and reordained aa
follows:
Section 21-340. General penalty.
(a) Any person violatinq any provision of section
21-336 shall be quilty of a Class 1 misdemeanor. Any person
convicted of a second offense committed within less than five (5)
years after a first offense under section 21-336, shall be
punished by a fine of not less than two hundred dollars ($200.00)
nor more than one thousand dollars ($1,000.00) and by confinement
in jail for not less than one month nor more than one year.
Forty-eight hours of such confinement shall be a mandatory,
minimum sentence not subject to suspension by the court. Any
person convicted of a second offense committed within a period of
five (5) to ten (10) years of a first offense under section
21-336 shall be punishable bv a fine of not less than two hundred
dollars ($200.00) nor more than one thousand dollars ($1,000.00)
and by confinement in iail for not less than one (1) month nor
more than one (1) year. Any person convicted of a third offense
or subsequent offense committed within ten (10) years of an
offense under section 21-336 shall be punishable by a fine of not
less than five hundred dollars ($500.00) nor more than one
thousand dollars ($1,000.00) and by confinement in jail for not
less than two (2) months nor more than one (1) year. Thirty days
of such confinement shall be a mandatory, minimum sentence not
subject to suspension by the court if the third or subsequent
offense occurs within less than five (5) years. Ten (10) days of
such confinement shall be a mandatory, minimtim offense not
subject to suspension by the court if the third or subsequent offeni
y(o
occurs within a period of five (5) to ten (10) years of a first
offense.
(b) For the.purposes of this section, a conviction, or
findinq of not innocent in the case of juvenile, under the
provisions of section 21-336, or of section 22-84 of the Virginia
Beach City Code which was in effect prior to the adoption of this
Code, or of section 18.2-266, Code of Virginia, or any similar
former section of such code, or of an ordinance of any county,
city or town in this state of law of any other state
stibstantially similar to the provisions of sections 21-336
through 21-339 of this chapter, shall be considered a prior
conviction.
Section 21-341. Forfeiture of riqht to drive; suspension of
of sentence.
(a) Except as provided in Section 18.2-271.1, Code of
virginia (1950), as amended, the judqment of conviction, if for a
first offense under section 21-336, shall of itself operate to
deprive the person so convicted of the privilege to drive or
operate any motor vehicle, enqine or train in the commonwealth
for a period of (6) months from the date of such judqment. If
such conviction is for a second or-other-attbaeq"ent- offense
committed
within ten (10) years of a first offense for which the person was
convicted under section 21-336 such person's license to
operate a motor vehicle, enqine or train shall be -Iuspended
revoked for a period of three (3) years GW7-fi4+-Wit-hin-EiVe
from
the date of the judgment of conviction. Any such period of
license suspension, in any case shall run consecutively with any
period of suspension or revocation for failure to permit a blood or
breath sample to be taken as required by section 21-338.
(b) If any person has heretofore been convicted or
found not innocent in the case of a iuvenile of violatinq any
similar act in the commonwealth or any other state and thereafter
-2-
-z i
is convicted of violatinq the provisions of section 21-336, such
conviction or finding shall, for the purpose of this section and
section 21-340, be a subsequent offense and shall be punished
accordinqly. Six months of any license suspension or revocation
imposed pursuant to this section for a first offense conviction
may be suspended, in whole or in part by the court upon the entry
of sueh the person convicted into and the successful completion of a
program pursuant to section 18.2-271.1, Code of Virginia (1950), as
amended. Upon a second conviction, the court may not- suspend no
more than twe one years of such license suspension or revocation if
such second conviction occured less than five (5) years after a
previous conviction under section 21-336, nor more than one-f4+
two (2) years if such second conviction occured five (5) to ten
(10) years after a previous conviction upon such person's entry
into and successful completion of a program entered into pursuant
to section 18.1-871.1, Code of virginia (1950) as amended. Upon
a third conviction of a violation of section 21-336, such person
shall not be eligible for participation in a program pursuant to
section 18.2-271.1, Code of Virginia (1950), as amended and shall
have his license revoked by the Division of Motor Vehicles as
provided in section 46.1-421(b), Code of Virginia (1950) as
amended.
Adopted by the Council of the City of Virginia Beach,
Virginia, this 6th day of September 1983.
RMB/sm
7/19/8 3
(F)
APPROV/ TENT
DEPARTMENT
RM
SIGNAFOPE
CITY ATTORNEY
-3-
7 7-
AN ORDINANCE TO AMEND AND REORDAIN
SECTION 21-5 OF THE CODE OF THE CITY OF
VIRGINIA BEACH PERTAINING TO MOTOR
VEHICLE AND TRAFFIC CODE
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
That Section 21-5 of the Code of the City of Virqinia
Beach, Virginia is hereby amended and reordained as follows.
Section 21-5. Arrest procedure for violations of chapter -
Generally.
(a) Whenever any person is detained by or in the
custody of an arrestinq officer, including an arrest on a
warrant, for a violation of any provision of this chapter
punishable as a misdemeanor, except section 21-336, the arreatinq
officer shall, except as otherwise provided in section 21-8 or
any other section of this chapter, take the name and address of
such person and the license number of his motor vehicle and issue
a summons or otherwise notify him in writino to appear at a time
and place to be specified in such summons or notice, such time to
be at least five (5) days after such arrest unless the person
arrested shall demand an earlier hearing, and such person shall,
if he so desires, have a riqht to an immediate hearinq or a
hearing within twenty-four (24) hours at a convenient hour, and
before a court having jurisdiction. Upon the givinq of such
person of his written promise to appear at such time and place
the officer shall forthwith release him from custody.
(b) Notwithstanding paragraph (a)r if prior qeneral
approval has been qranted by order of the qeneral district Court
for the use of this section in cases involving violations of
sections 21-273 and 21-274, the arresting officer may take the
person before a magistrate and make oath as to the offense and
request issuance of a warrant.
(bc) Any person refusing to qive such written promise
to appear under the provisions of this section shall be taken
immediately by the arresting officer before a magistrate other
issuinq officer havinq iurisdiction who shall proceed according
to the provisions of section 21-7.
(ed) Any person-who willfully violates his written
promise to appear, given in accordance with this section, shall
be treated in accordance with the provisions of section 21-7.
(de) Any officer violating any of the provisions of
this section shall be guilty of misconduct in office and subject
to removal therefrom upon complaint filed by any person in a
court of competent jurisdiction. This section shall not be
construed to limit the removal of a police officer for other
misconduct in office.
Adopted by the City Council of Virqinia Beach this
day of 1983.
RMB/Sm
7/26/83
(F)
APP fli,!T
SIGNAIURL
PA l@N@i--
AP FOR
CITY ATTOPNEY
-2-
AN ORDINANCE TO AMEND AND REORDAIN
SECTION 21-380 OF THE CODE OF THE
CITY OF VIRGINIA BEACH PERTAINING TO
REMOVAL OF VEHICLES FROM PARKING
LOTS, BUILDINGS, ETC.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
That Section 21-380 of the Code of the City of Virginia
Beach, Virginia is hereby amended and reordained as follows.
Section 21-380. Removal of vehicles from parking lots,
buildings, etc.
(a) Subject to any applicable provision of division 3
of this article, it shall be lawful for any owner, operator or
lessee of any parking lot or parking area or space therein or
part thereof, or of any other lot or building, including the
city, and including the authorized agent of the person having
control of such premises, to have any motor or other vehicle
occupying such lot, area, space or building or part thereof
without the permission of such owner, operator, lessee or
authorized agent of the person having control of such premises
removed by towing or otherwise, to a licensed garage for storage
until called for by the owner of the vehicle or his agent;
provided, that notice of such action shall be first or
simultaneously therewith given to at least one local law-
enforcement officer, and provided further, that in the event of
such removal and storage, the owner of the vehicle involved shall
be chargeable with, and such vehicle may be held for, a
reasonable charge for its removal and storage.
(b) In lieu of having such vehicle removed by towing
or otherwise, it shall be lawful for such owner, operator,
lessee or authorized agent to cause the vehicle to be immobilized
by a boot or other device that prevents a vehicle from being
moved by preventing a wheel from turning provided such boot or
other device is of a design that does no damage to the vehicle or
wheel; and provided further that the charge for the removal of
such boot or device shall not exceed twenty-five dollars
($25.00).
In lieu of having such vehicle removed by towing or
otherwise, or in lieu of causing the vehicle to be immobilized,
it shall be lawful for such owner, operator, lessee or authorized
agent to cause to have a duly authorized official or officer
issue, on such premises, a notice of the violation of a parking
ordinance or regulation to the registered owner of such vehicle.
(c) This section shall not apply to police, fire or
public health vehicles or where a vehicle shall, because of a
wreck or other emergency, be parked or left temporarily upon the
property of another.
Adopted by the Council of the City of Virginia Beach,
Virginia this day of 1983.
RMB/sm
7/27/83
(F)
E,@ P,',@?T@i,ENT
AP@-7,@',@YAS TO FO;ZM
CIT'(
-2-
-7 6-
Item II-H.7
CONSENT AGENDA ITEM # 20546
Upon motion by Councilwoman Oberndorf, seconded by Councilman Robert Jones,
City Council DEFERRED INDEFINITELY an Ordinance to add a Section 35-2.1
to Article I of Chapter 35 of the Code of the City of Virginia Beach per-
taining to a fee for additional tax bills.
Voting: 9-0
Council Members Voting Aye:
John A. Batun, 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, Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Nancy A. Creech and J. Henry McCoy, Jr., D.D.S.
September 6, 1983
-7 7-
Requested by: City Treasurer
AN ORDINANCE TO ADD A SECTION 35-2.1
TO ARTICLE I OF CHAPTER 35 OF THE
CODE OF THE CITY OF VIRGINIA BEACH
PERTAINING To A FEE FOR ADDITIONAL
TAX BILLS
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
VI]kGINIA BEACH, VIRGINIA:
That Article I of Chapter 35 of the Code of the City of
Virginia Beach, Virginia, is hereby amended and reordained by
adding a Section 35-2.1 thereto as follows:
Section 35-2.1. Fee for additional tax bill.
The city treasurer is hereby authorized to charge a fee
of $2.00 to cover the cost of preparing any additional bill for
local levies authorized and imposed by this chapter where the
taxpayer has lost the original bill tendered to him and requests
a duplicate.
Adopted by the Council of the City of Virginia Beach,
Virginia, this day of 1983.
MES/sm
8/15/83
(B.1)
A P P @-, O. E.,) ,, S T 0 ': lo.'i T:',.@'T
D-.PAII,TME@'.T
S TOOIZ.-A
@IYIT/t,4 , 2il
7 CITY ATTORNEY
Septernber 6, 1983
-78-
Item II-H.8
CONSENT AGENDA ITFM # 20547
Upon motion by Councilwoman Oberndorf, seconded by Councilman Robert Jones,
City Council ADOPTED an Ordinance to amend and reordain Article II, Division 2,
Sections 32-27, Subsection (A), 32-28 and 32-30 of the Code of the City of
Virginia Beach relating to permits for going-out-of-business sales.
Voting: 9-0
Council Members Voting Aye:
John A. Baum, 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, Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Nancy A. Creech and J. Henry McCoy, Jr., D.D.S.
September 6, 1983
-7 9-
Requested by: Department of Permits and Inspections
AN ORDINANCE TO AMEND AND REORDAIN
ARTICLE II, DIVISION 2, SECTIONS
32-27 SUBSECTION (A), 32-28 AND
32-30 OF THE CODE OF THE CITY OF
VIRGINIA BEACH RELATING TO PERMITS
FOR GOING OUT OF BUSINESS SALES
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
That Sections 32-27 subsection (a), 32-28 and 32-30 of
the Code of the City of Virginia Beach, Virginia are hereby
amended and reordained as follows.
Section 32-27. Application.
(a) Application for a permit required by this division
shall be filed, on forms provided for the purpose, with the
consumer protection officer of the city. Such application shall
be accompanied by an inventor@, including the kind and quantity
of all goods which are to be offered for sale during the sale for
which the permit is sought.
Section 32-28. Fee.
The fee for a permit required by this division shall be
fifteen-deilaea-+$ISrGG* sixty-five dollars ($65.00).
Section 32-30. Term.
Each permit issued under this division shall be valid
for a period of no longer than thirty-f3" sixty (60) days and
any extention of that time shall constitute a new sale and shall
require an additional permit and inventory. A maximum of two
additional permits beyond the initial sixty-day permit shall be
granted solely for the purpose of liquidating only those goods
contained in the initial inventory list and which remain unsold.
Adopted by the Council of the City of Virginia Beach,
Virginia on the 6th day of September 1983.
RMB/sm
7/19/8 3
(F) APPROVED AS T- --'I'rr'!T
DE,
W@-M, @@ I
610MATURE '
CnY ATTORNLY
-80-
Item II-H.9
CONSENT AGENDA 1TEM # 20548
Upon motion by Councilwoman Oberndorf, seconded by Councilman Robert Jones,
City Council ADOPTED an Ordinance, on SECOND READING, to appropriate funds
of $1,708,677 to establish a School Textbook Rental Fund FY 1983-84 Budget.
Voting: 9-0
Council Members Voting Aye:
John A. Baum, Harold Heischober, Vice Mayor Barbara M. Henley,
H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones,
W. H. Kitchin, 111, Reba S. McClanan, Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Nancy A. Creech and J. Henry McCoy, Jr., D.D.S.
September 6, 1983
-81-
AN ORDINANCE TO APPROPRIATE FUNDS OF
$1, 708,677 TO ESTABLISH A SCHOOL TEXTBOOK
RENTAL FUND FY 1983-84 BUDGET
WHEREAS, the Attorney General of Virginia has opined that
School Board expenditures of funds generated by the rental of
textbooks requires an appropriation of the local governing body, and
WHEREAS, the Virginia Beach School Board has a textbook
rental plan whereby rental income is deposited in a textbook rental
fund and purchases of textbooks and other related expenses ar-e paid
from this fund, and
WHEREAS, the School Board has submitted a Textbook Rental
Fund budget for FY 1983-84 in order to comply with the Attorney
General's opinion, and
WHEREAS, the Textbook Rental budget approved by the School
Board on July 19, 1983, includes total revenues of $1, 708, 677 and
total disbursements of $1, 708, 677 for fiscal year 1983-84.
NOW. THEREFORE, BE IT ORDAINED BY THE COUNCIL OF
THE CITY OF VIRGINIA BEACII that funds of $1. 708,677 be
appropriated for a School Textbook Rental Fund budget in the
manner approved by the School Board in its meeting of July 19, 1983.
BE IT FURTHER ORDAINED that this approprqation be
financed by Estimated Revenues in the Textbook Rental Fund of
$1, 708. 677.
This ordinance shall be effective from the date of its adoption.
Adopted by the Council of the City of Virginia on the Sixth day
of September -. 1983.
FIRST READING: August 22, 1983
SECOND READING: September 06, 1983
,6,pr-,?.-DVED AS TO C014TENT
@iGNAfli9.E
D T3 cCp,,'A
September 6, 1983
-82-
Item II-H-10
CONSENT AGENDA ITEM # 20549
TJpon motion by Councilwoman Oberndorf, seconded by Councilman Robert Jones,
City Council ADOPTED an Ordinance, on SECOND READING, to accept a Federal
Grant of $28,687 and appropriate these funds for an Employment Services
Program;
AND,
an Ordinance, on SECOND READING, to accept a Federal Grant of $17,598 and
appropriate these funds for an Emergency Food and Shelter Program.
Voting: 9-0
Council Members Voting Aye:
John A. Baum, 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, Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Nancy A. Creech and J. Henry McCoy, Jr., D.D.S.
September 6, 1983
-83-
AN ORDINANCE TO ACCEPI WPEDERAL
GRANT OP $28,687 FOR AN EMPLOYMENT
SERVICES PROGRAM AND TO APPROPRIATE
TIIESE FUNDS
WHEREAS, the Virginia Department of Social Services is participating
in a feder-al grant which requires Food Stamp recipients to participate
in an employment ser-vices program, and
WIIEREAS, the City of Virginia Beach has been designated as
one of several localities to participate in this pilot program, and
WHEREAS, the program is designed to assist Food Stamp
t,ecipients in obtaining work experience by providing assistance
through the Department of Social Seivices in job search and regis-
tration for jobs. and
WHEREAS, the gr-ant award of $28,687 will provide for five
technical and two clerical positions to accomplish the task of assisting
appr,oximately 800 Food Stamp recipients during a three month pilot
project, and
WHEREAS, no local runds are required.
NOW THEREPORE BE IT ORDAINED BY THE COUNCIL OF THE
C[rY OF VIRGINIA BEACH that the City Manager is hereby authorized
to accept the grant for the city and funds are hereby appropriated
to the Department of Social Services for the following purpose:
Estimated Revenue Local Total
From The Federal Government Match Appropriation
Employment Services Program $28, 687 $28,687
BE IT FURTHER ORDAINED that the appropriation be financed by
$28, 687 estimated revenue from the federal government.
BE IT FURTHER ORDAINED that seven personnel positions are
hereby authorized for the duration of the grant to be paid from the
grant with the class of employees to be determined by the City Manager.
BE IT FURTHER ORDAINED that should the federal reimbursement
for this program, based on the actual expenditur-es incurr-ed, be less
than the amount appropriated, the appropriation will be reduced
accordingly.
This ordinance shall be effective from the date of its adoption.
Adopted by the Council of the City of Virginia Beach on 6th day
of September 1983.
FIRST READING: August 22, 1983
SECOND READING: Sept. 06, 1983
-84-
AN ORDINANCE TO ACCEPT A
FEDERAL GRANT OF $17,598 FOR
AN EMERGENCY FOOD AND SHELTER
PROGRAM AND TO APPROPRIATE
THESE FUNDS
WHEREAS, the Department of Social Services has been informed
of a federal grant award of $17, 598 authorized under Public Law 98-8
for emergency food and shelter to needy citizens, and
WHEREAS, the department will use these funds to contract with
local churches to provide emergency food and shelter to indigent
Virginia Beach families, and
VVHEREAS, no local funds are required.
NOW THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE
CITY OF VIRGINIA BEACH that the City Manager is hereby authorized
to accept the grant for the city and funds of $17, 598 are hereby
appropriated to the Department of Social Services to contract with
local churches to provide emergency food and shelter to indigent
Virginia Beach families.
BE IT FURTHER ORDAINED that the appropriction be financed
by $17, 598 estimated revenue from the federal government .
This ordinance shall be effective from the date of its adoption,
Adotped by the Council of the City of Virginia Beach on 6th day
of September . 1983.
FIRST READING:
SECOND READING: Sept. 06. 1983
ENT
Cl-
September 6, 1983
-85-
Item II-H.11
CONSENT AGENDA ITEM # 20550
Upon mation by Councilwoman Oberndorf, seconded by Councilman Robert Jones,
City Council ADOPTED an Ordinance, on SECOND READING, to accept and appro-
priate $13,450 from the Virginia Family Violence Prevention Program.
Voting: 9-0
Council Members Voting Aye:
John A. Baum, 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, Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Nancy A. Creech and J. Henry McCoy, Jr., D.D.S.
September 6, 1983
-86-
AN ORD TO ACCEPT
AND $13,450.
FRCt4 THE VIRGINIA FAMILY
VI ICN PR=M
the Virginia Family Violerr-e P@tion Progrmn has made
available a grant in the amomt of $13,450 to the Departmmt of Mental Health
and Mental Retardaticn, and
, this grant will be used to p fundirig for the 'I'm In
Charge" program for children who are left alcne at hane after @l, and
, this grant will enable the five-sessicn "I'm In Charge" pro-
gran to be presented to the city's 5th and 6th graders and their families so as
to increase their self- e knowledge and skills.
NOW, BE rr BY THE CD=M CP THE CIN CF-
BEACH, @INIA:
That the City Manager is hereby authorized to accept the grant for the
city, ard funds are hereby appropriated for the following purpose:
M/MR "I'M In @e" Progr- $13,450
BEilT FURTHER CRDAmm that appropriations will be financed by $13,450
estimated revenue fran the State Department of Mental Health and Mental Retardaticn,
with no local match required, and
That cne part-@ personnel position is hereby authorized, to be MO
fran the grant, with the class of the ewloyee to be de by the City
FIRST READIt4G: August 22, 1983
SECCND WMING: Sept. 06, 1983
Adopted by the Council of the City of Virginia Beach, Virginia cn
the day of September _, 1983.
APp,p.OVED @S @O CONI !,IT
CITY ATIORNEY
September 6, 1983
-87-
Item II-H.12
CONSENT AGENDA ITEM # 20551
Upon motion by Councilwoman Oberndorf, seconded by Councilman Robert Jones,
City Council ADOPTED an Ordinance, on SECOND READING, to accept and appro-
priate $2,166 from the Virginia Department of Transportation Safety.
Voting: 9-0
Council Members Voting Aye:
John A. Baum, Harold Heischober, Vice Mayor Barbara M. Henley,
H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones,
W. H. Kitchin, 111, Reba S. McClanan, Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Nancy A. Creech and J. Henry McCoy, Jr., D.D.S.
September 6, 1983
-88-
AN CMINANCE TO ACCEPT A
OF $2,166 FROM THE IA
DEPARTMENT OF TRANSPORMTICN
SAFETY AND TO APPROPRLAZE THME
City Couricil is interested in traffic safety and the
effective probecutiai of drunken drivers within the City of Virginia Beach,
and,
, the Deparbnent of Transportaticn Safety MM) has
a grant of $2,166 for Advanced Legal Training and DUI -, and
, the fiscal year 1984 budget includes the $1,865 that will
satisfy the local in-kind match ccntribution-
NOW, BE rr BY TM CrrL CDLINCM OF THE CrTy CP
VIMINIA BEACH:
niat the furxis fran the above grant be accepted and $2,166 be ap-
propriated to carry out the Progran-
BE iT FURTHER that the appropriaticn be financed by $2,166
in estimated revenue frcm the t of Tran ticn Safety.
by the Cmmil of the City of Virginia Beach on the 6th
day of 1983.
FIRST WMING: August 22, 1983
SBCOND MMING: Sept. 06, 1983
September 6, 1983
-89-
Item II-H.13
CONSENT AGENDA ITEM # 20552
Upon motion by Councilwoman Oberndorf, seconded by Councilman Robert Jones,
City Council ADOPTED an Ordinance, on SECOND READING, to accept a Grant Award
from the Department of Corrections totaling $2,000 and to appropriate these
funds for the Virginia Beach Community Diversion Program.
Voting: 9-0
Council Members Voting Aye:
John A. Baum, Harold Heischober, Vice Mayor Barbara M. Henley,
H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones,
W. H. Kitchin, Ill, Reba S. McClanan, Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Nancy A. Creech and J. Henry McCoy, Jr., D.D.S.
September 6, 1983
-90-
AN OFO M ACCEPR A GPR4r ARM
FROM nM DEP OF
CO ICNS $2,000 AND M
APPROPRME FLI" F'OR THE
@INIA BEACH CCWMITY DIVERSUN
the Virginia Gerieral Assenibly has eriacted the ty
Cc)rrections Incentive Program which makes furds available to juri ons
within the Cammormealth for the purposes of diverting qualified ncn-violent
offenders fran the State penitentiaries for the purpose of rehabilitating these
offenders and allawing them the opportunity to make restituticn for their c@;
and
the City of Virginia Beach is currently operating a
gram; and
MMM, the Ca=il of the City of Virginia has heretofore ac-
cepted grant funding of $164,800 fran the Virginia t of Correcticns for
the 1984 Fiscal year; and
WHERms, the virginia Departwnt of Corrections has approved an addi-
ticnal $2,000 for a strative costs to accomplish the objectives stated abom:
NOW, BE rr BY THE COUNCM CP THE cny cr
BEACH, VMINIA:
That the City Manager is hereby authorized to additicrkal funds for
the grant for the City and funds are hereby appropriated for the following purposes.
Est. Revenue
fran Other
Agerkcies @l Match ticns
CamiLmity Diversicn Program $2,000 $0 $2,000
t)
@t the appropriaticn be financed by $2,000 in ted
the Virginia t of Corrections.
FIRST RWIM: August 22, 1983
Sept. 06. 1983
by the Council of the City of Virginia on the 6th
day of September 1983.
APP,'OVr@ @,S Ti- COt4TttT
AP T 72
;@Nly
-91-
Item II-H.14
CONSENT AGENDA ITEM # 20553
Upon motion by Councilwoman Oberndorf, seconded by Councilman Robert Jones,
City Council APPROVED, on FIRST READING, to appropriate funds of
$3,529,130 for City of Virginia Beach School Programs funded by special
Categorical Grants for School Year 1983-84. (Public Hearing was held
August 22, 1983.)
Voting: 9-0
Council Members Voting Aye:
John A. Baum, Harold Heischober, Vice Mayor Barbara M. Henley,
H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones,
W. R. Kitchin, III, Reba S. McClanan, Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Nancy A. Creech and J. Henry McCoy, Jr., D.D.S.
September 6, 1983
-9 2-
AN ORDINANCE TO APPROPRIATE
FUNDS OF $3,529,130 FOR CITY
OF VIRGINIA BEACH SCHOOL
PROGRAMS FUNDED BY SPECIAL
CATEGORICAL GRANTS FOR SCHOOL
YEAR 1983-84
WHEREAS, the Virginia Beach School Board has been notified
that it will receive funds of $3,529,130 through special state
and federal categorical grants for the school year 1983-84, and
WHEREAS, these funds were not included in the FY 84
School Operating Budget approved by City Council, and
WHEREAS, the School Board at its meeting on July 19, 1983
approved this funding and requests that City Council appropriate
these funds, and
WHEREAS, it is desirable and necessary for City Council
to appropriate these funds prior to the expenditure thereof.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CfTy
OF VIRGINIA BEACH, VIRGINIA that funds of $3,529,130 are
hereby appropriated for scbool purposes for FY 83-84 under
the auspices of the following grants:
Grant Source Amount
Community Education State 17,575
Remedial Education State 220,110
Chapter 1,P.L. 97-35 Federal 2,015,390
Chapter II,P.L. 97-35 Federal 286,723
Title VI-B.P.L. 94-142 Federal 956,750
Title VI-C,P.L. 94-142 Federal 17,442
Title VI-C,P.L. 89-313 Federal 4,000
Transition Program for
Refugee Children,
P.L. 96-212 Federal 11,140
Total State and FOderal Categorical
Grants $3,529,130
BE IT FURTHER ORDAINED that this appropriation will be
financed by $237,685 estimated revenue from the Commonwealth and
$3,291,445 estimated revenue from the Federal Government, and
BE IT FURTHER ORDAINED that this appropriation is authorized
subject to the expenditures being incurred with no local mktch.
This ordinance shall be effective for the fiscal year
beginning July 1, 1983.
Adopted by the Council of the City of Virginia Beach, Virginia
on the day of Allp@EJRSS40 CONTENT
SIGNATUKL
First Reading: September 6, 1983
Second Reading: DEPARTMENT
APnDel STO
-93-
Item II-H.15
CONSENT AGENDA ITEM # 20554
Upon motion by Councilwoman Oberndorf, seconded by Councilman Robert Jones,
City Council APPROVED an Ordinance, on FIRST READING, to accept Grants of
$177,147 from State Aid to Public Libraries and $8,453 from Federal Aid to
Public Libraries and to appropriate these funds.
Voting: 9-0
Council Members Voting Aye:
John A. Baum, 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, Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Nancy A. Creech and J. Henry McCoy, Jr., D.D.S.
September 6, 1983
-94-
AN ORDINANCE TO ACCEPT GRANTS OF
$177,147 FROM STATE AID TO PUBLIC
LIBRARIES AND $8,453 FROM FEDERAL
AID TO PUBLIC LIBRARIES AND TO
APPROPRIATE THESE FUNDS
WHEREAS, City Council is interested in enhancing the
quality of service provided by our Public Libraries, and
WHEREAS, grants of $177,147 from State Aid to Public
Libraries and $8,453 from Federal Aid to Public Libraries are
available for this purpose, and
WHEREAS, no local funds are required.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE
CITY OF VIRGINIA BEACH that the above two grants be accepted
and funds of $185,600 be appropriated to the Department of
Public Libraries for the FY 84 Operating Budget as follows:
Contructual Services $ 23,400
Books and Subscriptions 134,743
Library and Other Supplies 2,128
Capital Outlay 25,329
Total $185 600
BE IT FURTHER ORDAINED that Estimated Revenues from the
Commonwealth of Virginia be increased by $177,147 and
Estimated Revenues from the Federal Goverrunent be increased
by $8,453 to finance the appropritions.
This ordinance shall be effective from the date of its
adoption.
Adopted by the Council of the City of Virginia Beach on the
day of 1983.
FIRST READING: September 6, 1983
SECOND READING:
September 6, 1983
-9 5-
Item II-H.16
CONSENT AGENDA ITEM # 20555
Upon motion by Councilwoman Oberndorf, seconded by Councilman Robert Jones,
City Council APPROVED an Ordinance, on FIRST READING, to accept a Federal
Grant of $30,188 to aid the unemployed and appropriate these funds.
Voting: 9-0
Council Members Voting Aye:
John A. Baum, 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, Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Nancy A. Creech and J. Henry McCoy, Jr., D.D.S.
September 6, 1983
-96-
AN ORDINANCE TO ACCEPT A
FEDERAL GRANT OF $30,188
TO AID THE UNEMPLOYED AND
TO APPROPRIATE THESE FUNDS
WHEREAS, the Department of Social Services has
been informed of a federal grant award of $30,188
authorized under Public Law 98-8 to aid individuals
and families who are receiving or have exhausted
their unemployment benefits, and
WHEREAS, the program provides for emergency
assistance of up to $500 per family for emergency
food purchases, to Prevent eviction, and for
emergency medical needs on a first come basis, and
WHEREAS, the program will be administered by
the Department of Social Services with its present
staff, and the grant requires no local funds.
NOW THEREFORE BE IT ORDAINED BY THE COUNCIL OF
THE CITY OF VIRGINIA BEACH that the City Manager is
hereby authorized to accept the grant for the city and
funds of $30,188 are hereby appropriated to the
Department of Social Services to aid the unemployed.
BE IT FURTHER ORDAINED that the appropriation be
financed by $30,188 estimated revenue from the federal
government.
This ordinance shall be effective from the date
of its adoption.
Adopted by the Council of the City of Virginia
Beach on day of 1983.
FIRST READING: September 6, 1983
SECOND READING:
APPROVED AS TO CONTENT
SIGNAT5kE
DEPARTM@T
AST
1111 AT,,RNEY
-9 7-
Item 11-H.17
CONSENT AGENDA ITEM # 20556
Upon motion by Councilwoman Oberndorf, seconded by Councilman Robert Jones,
City Council APPROVED an Ordinance, on FIRST READING, to appropriate
$2,403,529 for Fiscal Year 1984 for the payment of Purchase Orders brought
forward from Fiscal Year 1983.
Voting: 9-0
Council Members Voting Aye:
John A. Baum, 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, Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Nancy A. Creech and J. Henry McCoy, Jr., D.D.S.
September 6, 1983
-98-
AN ORDINANCE TO APPROPRIATE $2,403,529
FOR FISCAL YEA!'. 1984 FOR THE PAYMENT
OF PURCHASE ORDERS BROUGHT FORWARD
FROM FISCAL 1983
WHEREAS, during the course of business in fiscal year
1983, purchase orders or contracts were issued committing
the City to purchases of materials, supplies, equipment or
services for use by several departments, divisions, or
bureaus, and
WHEREAS, these purchase orders or contracts were charged
to appropriations previously autborized for the fiscal year
ended June 30, 1983 so as to reduce the unencumbered
balance of those appropriations, and
WHEREAS, on June 30, 1983 there were purchase orders
or contracts totaling $2,403,529 for which materials,
supplies, equipment or services had not been delivered
or invoiced,
NOW, THEREFORE, BE IT ORDAINED BY THE COTINCIL OF
THE CITY OF VIRGINIA BEACH, tbat the funds totaling
$2,403,529 unexpended and represented by purchase orders
outstanding on June 30, 1983 be reapproptiated as additions
to fiscal 1984 appropriations to the respective departments,
divisions, or bureaus of the city so that upon delivery
of the materials, supplies, equipment or services, there
shall be sufficient funds to make payment. These funds
shall be appropriated from the following respective fund
balances:
General $1,669,694
Water and Sewer 353,711
Law Library 53
Tidewater Virginia ASAP 18,606
Pendleton Child Service Center 204
School Operating 361,261
$2 403 599
This ordinance shall be effective from the date of
its adoption.
Adopted by the Council of the City of Virginia Beach
on day of 1983. 4ppP@OVED A@, TO CONT[AR
SIGNAT@E
FIRST READING: September 6, 1983 D-PARTMENT
"IT 10,11,
SECOND READING:
-99-
Item II-H.18
CONSENT AGENDA ITEM # 20557
Upon motion by Councilwoman Oberndorf, seconded by Councilman Robert Jones,
City Council DEFERRED INDEFINITELY the FIRST READING of an Ordinance to
appropriate funds of $109,000 to Tidewater Virginia Alcohol Safety Action
Program for computer and other equipment.
Voting: 9-0
Council Members Voting Aye:
John A. Baum, Harold Heischober, Vice Mayor Barbara M. Henley,
H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones,
W. H. Kitchin, 111, Reba S. McClanan, Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Nancy A. Creecb and J. Henry McCoy, Jr., D.D.S.
September 6, 1983
AN ORDINANCE TO APPROPRIATE FUNDS
OF $109,000 TO TIDEWATER VIRGINIA
ALCOHOL SAFETY ACTION PROGRAM FOR
COMPUTER AND OTHER EQUIPPIENT
WHEREAS, at its July 28th meeting, the Community
Services Board approved the use of Tidewater ASAP
surplus funds in an amount of $109,000 for local program
needs, and
WHEREAS, the funds are to be used to purchase
computer hardware and software for TVASAP, and the
Virginia Beach and Norfolk Police Departments,
breathalyzers for the Norfolk Police Department and
video camera and playback equipment for the Norfolk
Police Department and Norfolk Courts, and
WHEREAS, the Virginia Beach Police Department
supports the request as enhancing the overall
effectiveness of traffic analysis in the cities of
Virginia Beach and Norfolk, and
WHEREAS, the necessary funding for the various
equipment can be provided from TVASAP surplus.
NOW THEREFORE BE IT ORDAINED BY THE COUNCIL OF
THE CITY OF VIRGINIA BEACH that funds of $109,000 are
hereby appropriated to TVASAP from its Fund Balance
to provide for computer and other equipment to support
local DUI program needs.
This ordinance shall be effective from the date
of its adoption.
Adopted by the Council of the City of Virginia
Beach on day of 1983.
FIRST READING:
SECOND READING:
-100-
Item II-H.19
CONSENT AGENDA ITEM # 20558
Upon motion by Councilwoman Oberndorf, seconded by Councilman Robert Jones,
City Council APPROVED an Ordinance, on FIRST READING, to accept and appro-
priate $740,000 from the Department of Housing and Urban Development for
certain projects and purposes.
Voting: 9-0
Council Members Voting Aye:
John A. Baum, 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, Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Nancy A. Creech and J. Henry McCoy, Jr., D.D.S.
September 6, 1983
-101-
AN ORDINANCE TO ACCEPT $740,000
FROM THE DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT AND TO APPROPRIATE THESE
FUNDS FOR CERTAIN PROJECTS AND PURPOSES
WHEREAS, the Department of Housing and Urban Development (HUD) has
made available a grant totalling $740,000 under the 1983 Jobs Bill Program, and
WHEREAS, the Office of Housing and Community Development has been
designated to administer the program, which will improve the living standards
of low and moderate income individuals, and
WHEREAS the grant will provide funding for a series of eligible
Community Development activities while placing an emphasis on job training,
creation, and retention.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That funding from HUD be accepted and appropriated for the following
projects and purposes:
Appropriations Activity
I Site Improvements an Development
96,500 Temporary Street Maintenance
85,000 Building Maintenance Pre-Apprenticeship Training
50,000 Elimination of Barriers to Employment of Handicapped
158,000 Public Services
21,000 Administration
$740,000 Total Appropriations
BE IT FURTHER ORDAINED that the appropriations be financed $740,000
estimated revenue from HUD, with no local match required, and
That one new personnel position is hereby authorized for the duration
of the grant, to be paid from the grant, with the class of the employee to be
determined by the City Manager.
FIRST READING: September 6, 1983
SECOND READING:
Adopted by the Council of the City of Virginia Beach, Virginia on
this day of 1983.
APPROVED AS TO CONTENT
11-11-11,
DEPARTMENI
EY
-102-
Item II-H.20
CONSENT AGENDA ITEM # 20559
Upon motion by Councilwoman Oberndorf, seconded by Councilman Robert Jones,
City Council ADOPTED an ordinance to transfer Capital Project Funds of
$885,000 between Capital Projects to provide additional funds for the
expansion of Landfill #2.
Voting: 9-0
Council Members Voting Aye:
John A. Baum, Harold Heischober, Vice Mayor Barbara M. Henley,
H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones,
W. H. Kitchin, ITT, Reba S. McClanan, Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Nancy A. Creech and J. Henry McCoy, Jr., D.D.S.
September 6, 1983
-103-
AN ORDINANCE TO TRANSFER CAPITAL PROJECT
FUNDS OF $885,000 BETWEEN CAPITAL PROJECTS
TO PROVIDE ADDITIONAL FUNDS
FOR THE EXPANSION OF IANDFILL #2
WHEREAS, the City is presently acquiring land adjacent to
Landfill #2 and preparing that land for expansion of the landfill and,
WHEREAS, the City is required to make certain improvesents to
the land to meet guidelines established by the State Health Department and,
WHEREAS, these improvements total $1,145,200 and current funding
for project #3-933 Landfill #2-Expansion totals $260,200 and,
WHEREAS, additional funding of $885,000 is needed to make the
necessary improvements and can be provided by transfer between various pro-
jects and,
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, that appropriations be transferred between capital projects
as enumerated below to provide for the expansion of Landfill #2.
Transfer from:
2-712 Dredging Eastern Branch
Lynnhaven River $ - 585,000
2-815 Stumpy Lake Drainage - 200,000
2-966 Inlynnview Road - 100,000
Transfer to:
3-933 Landfill #2-Expansion $ + 885,000
Adopted by the Council of the City of Virginia Beach on the
Sixth day of R@ptpmhpr 19@.
September 6, 1983
KAR-2/ORD6
-104-
Item II-H.21
CONSENT AGENDA ITEM # 20560
Upon motion by Councilwoman Oberndorf, seconded by Councilman Robert Jones,
City Council ADOPTED an Ordinance to transfer funds of $48,000 within the
Water and Sewer Capital Projects Fund for Lynnhaven Acres Sanitary Sewers.
Voting: 9-0
Council Members Voting Aye:
John A. Baum, 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, Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Nancy A. Creech and J. Henry McCoy, Jr., D.D.S.
September 6, 1983
-105-
AN ORDINANCE TO TRANSFER
FUWDS OIV $48,000 WITHIN THE
WATER AND SEWER CAPITAL PROJECTS
FUND FOR LYNNHAVEN ACRES SANITARY SEWERS
WHEREAS, the current Capital Improvement Progres includes the
construction of a pump station, gravity sewers, and force main in the
Lynnhaven Acres area and,
WHEREAS, design of the Lynnhaven Acres project is not scheduled
to begin until July, 1984 and,
WHEREAS, the Department of Public Utilities has requested the
design of this project be done ahead of schedule due to current operational
problems at an adjacent sewage pump station,
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, that funds of $48,000 be transferred within the Water and
Sewer Capital Projects Fund as enumerated below to provide for the engi-
neering design of Lynnhaven Acres Sanitary Sewer.
Transfer from:
Improvement to Sites $ - 48,000
Transfer to:
6-930 Lynnhaven Acres Sanitary Sewer $ + 48,000
Adopted by the Council of the City of Virginia Beach on the
Sixth day of
,6@Pi')ROV ED AS TO CONTLT@ r
SIGNATURE
E @4T
KAR-2/ORD4
-106-
Item II-H.22
CONSENT AGENDA ITEM # 20561
Upon motion by Councilwoman Oberndorf, seconded by Councilman Robert Jones,
City Council ADOPTED an Ordinance to transfer Capital Project Funds of
$329,713 between Capital Projects to provide additional funds for King's
Point Ditch.
Voting: 9-0
Council Members Voting Aye:
John A. Baum, 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, Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Nancy A. Creech and J. Henry McCoy, Jr., D.D.S.
September 6, 1983
-107-
AN ORDINANCE TO TRANSFER CAPITAL MJECT
FUNDS OF $329,713 BETWEEN CAPITAL PROJECTS TO
PROVIDE ADDITIONAL FUNDS FOR KING'S POINT DITCH
WHEREAS, the current Capital Improvement Progr@ includes the
installation of a culvert, junction boxes, and manholem in the King's Point
Area to eliminate problems of rodents and stagnant vater in the existing
ditch and,
WHEREAS, the City has received bids for construction of the
project vith the low bidder being A. Stauley Mundy aud Company at $706.733
*ad,
WHEREAS, the total project cost including the low bid for
construction and additional site work is estimated at $766,713 and,
WHEREAS, current funding for the project totals $437,000 and
additional funding of $329,713 is needed,
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, that appropriations be transferred between capital projects
as enumerated below to provide additional funds for King's Point Ditch.
Transfer from:
2-815 Stumpy Lake Drainage $ - 329,713
Transfer to:
2-972 King's Point Ditch $ + 329,713
BE IT FURTHER ORDAINED that the low bid of A. Stanley Mundy and
Company for the construction phase of the project is hereby accepted and the
City Manager is authorized to enter into the appropriate agreeaeut for the
implementation of this work.
Adopted by the Council of the City of Virginia Beach 9p thel:-
A,
Sixth day of September 19 83
KAR-2/ORD3
-108-
Item II-H.23
CONSENT AGENDA ITEM # 20562
Upon motion by Councilwoman Oberndorf, seconded by Councilman Robert Jones,
City Council ADOPTED an Ordinance to establish an additional position on the
Police Department and transfer funds of $44,405 for the position.
Voting: 9-0
Council Members Voting Aye:
John A. Baum, Harold Heischober, Vice Mayor Barbara M. Henley,
H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones,
W. H. Kitchin, TII, Reba S. McClanan, Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Nancy A. Creech and J. Henry McCoy, Jr., D.D.S.
September 6, 1983
-109-
AN ORDINANCE TO ESTABLISH
AN ADDITIONAL POSITION ON
THE POLICE DEPARTMENT AND
TRANSFER FUNDS OF $44,405
FOR THE POSITION
WHEREAS, Major Garnett C. Riley was mandatorily retirdd
from the City of Virginia Beach Police Department in
January 1981, pursuant to Section 51-150(a) of the Code of
Virginia, 1950, as amended; and
WHEREAS, subsequent thereto, Major Riley filed a
Complaint with the Federal Equal Employment Opportunity
Commission, and
WHEREAS, during the pendency of said Complaint, the
Supreme Court of the United States in the case of
EEOC v. Wyoming invalidated a statute similar to that used
to mandatorily retire Major Riley, and
WHEREAS, as a result of the Wyoming decision, the
Commonwealth of Virginia has issued a directive to
localities that the statute is invalid and cannot be used to
mandatorily retire police officers against their choice, and
WHEREAS, in view of the foregoing, Major Riley has
been reinstated to his former position with the Police
Department and a fund transfer is necessary within the
Police Department to fund Major Riley's position.
NOW, THEREFORE, BE IT ORDAINED BY THE COTJNCIL OF THE
CITY OF VIRGINIA BEACH, VIRGINIA that an additional
position is hereby authorized in the FY84 operating budget
of the Police Department and funds of $44,405 are hereby
transferred from Uniform Patrol to the Police Chief's
staff to provide for the new position.
This ordinance shall be effective from the date of
its adoption.
Adopted by the Council of the City of Virginia Beach,
Virginia on Si.th day of o@
Sei)tember 9...
AppRoVrD @s'TO CONTENrf
SIGNATURE
APPROVED AS TO
-110-
Item II-H.24
CONSENT AGENDA ITEM $ 20563
Upon motion by Councilwoman Oberndorf, seconded by Councilman Robert Jones,
City Council ADOPTED an Ordinance to reduce Fiscal Year 1984 appropriations
to the Health Department. (Reduction amount: $23,683)
Voting. 9-0
Council Members Voting Aye:
John A. Baum, Harold Heischober, Vice Mayor Barbara M. Henley,
H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones,
W. B. Kitchin, III, Reba S. McClanan, Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Nancy A. Creech and J. Henry McCoy, Jr., D.D.S.
September 6, 1983
AN ORDINANCE TO REDUCE
FY84 APPROPRIATIONS TO
THE HEALTH DEPARTMENT
WHEREAS, in the FY84 operating budget City Council
appropriated funds of $831,628 as the city's local
commitment towards the operation of the Virginia Beach
Health Department, and
WHEREAS, this commitment was based on a formula of
45 percent of the local Health Department's state
budget, and
WHEREAS, the State Health Department has indicated
that based on the budget approved by the General Assembly
the local commitment has been reduced to $807,945, and
WHEREAS, City Council desires to reduce the FY84
appropriations to the Health Department to equal the
local commitment.
NOW THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE
CITY OF VIRGINIA BEACH that FY84 appropriations to the
Virginia Beach Health Department for the city's local
share be reduced from $831,628 to $807,945.
BE IT FURTHER ORDAINED that the $23,683 difference
or excess be transferred to the General Fund Reserve for
Contingencies.
This ordinance shall be effective from the date of
its adoption.
Adopted by the Council of the City of Virginia Beach
on c4x@b day of September 1983.
t PPROVED AS TO CONTENT
DEPARTMENT
-112-
Item II-H.25
CONSENT AGENDA ITEM # 20564
Upon motion by Councilwoman Oberndorf, seconded by Councilman Robert Jones,
City Council ADOPTED an Ordinance authorizing the City Manager to execute a
license agreement between Carolina and Northwestern Railway Company and the
City of Virginia Beach for use of railway right-of-way along Columbus Loop
(Gemini Builders).
Voting: 9-0
Council Members Voting Aye:
John A. Baum, 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, Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Nancy A. Creech and J. Henry McCoy, Jr., D.D.S.
September 6, 1983
-113-
AN ORDINANCE AUTHORIZING
THE CITY MANAGER TO EXECUTE A LICENSE
AGREEMENT BETWEEN CAROLINA AND NORTHWESTERN
RAILWAY COMPANY AND THE CITY OF VIRGINIA
BEACH FOR USE OF RAILWAY RIGHT-OF-WAY
ALONG COLUMBUS LOOP
WHEREAS, Gemini Builders, Inc., desires to construct two (2)
water pipe line crossings and one (1) sewer pipe line crossing
across and upon the right-of-way of the Carolina and Northwestern
Railway Company, at or about it intersection with Constitution
Drive and Southern Boulevard, as shown on the attached Exhibit
A and Exhibit B, entitled "SKETCH SHOWING 8" WATER LINE CROSSING
OF NORFOLK AND SOUTHERN RAILWAY TRACKS FOR COLUMBUS LOOP ASSOCIATES'
and "SKETCH SHOWING 8" FORCE MAIN CROSSING OF NORFOLK SOUTHERN
RAILWAY TRACKS FOR COLUMBUS LOOP ASSOCIATES," respectively
(hereinafter the "Utility Facilities"); and
WHEREAS, Gemini Builders, Inc., has agreed to construct the
Utility Facilities in accordance with the standards and specifications
of the City of Virginia Beach and, upon completion, will dedicate
the Utility Facilities to the City of Virginia Beach; and
WHEREAS, Carolina and Northwestern Railway Company (successor
to Norfolk Southern Railway Company) has agreed to grant the City
of Virginia Beach a license to use railway right-of-way for the
construction and maintenance of the Utility Facilities;
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA,
That the City Manager is hereby authorized to execute that
certain license agreement between Carolina and Northwestern Railway
Company and the City of Virginia Beach granting to the City a perpetual
license to use railway right-of-way for the construction and
maintenance of the Utility Facilities which are to be constructed
by Gemini Builders, Inc., in accordance with City standards and
specifications and, upon completion, dedicated to the City of
Virginia Beach. A copy of said license agreement is attached
hereto and made a part hereof.
Adopted by the Council of the City of Virginia Beach, Virginia
on the q day of 1983. APPROVED AS T6 CONTINT
SIGNATUR
ci
8/25/83 DEPARTMENT
(D) A
-114-
IT IS AGFIEED between
CAROLINA AND PAIINAYcomANY, a corporation of the State
of North Carolina and of Virginia, hereinafter styled Y; and
CITy OF VIRGINIA Virginia, a municipal corporation Of the
State of Virginia, hereinafter stylea Lioerksee:
1. CompANy grants unto LiCenSee, insofar as its title enables it so
to do, the lioense, as a personal privilege and not transferable without tne
written consent of , to construct and mintain two (2) water pipe line
crossings and one (1) sewer PiPe line crossing, across and upon the right Of
way or property (hereiriafter called "property") of @ny, at VIF4GINIA
Virginia; the aforementioried installations, hereinafter together
"Facility", beirig those identified and located substantiauy as shown in red
oolor on amexed prints of Drawings marked Exhibit "A" and Exhibit "B"# clated
July 20, 1981 and May 23, 1983(furnished by Licensee).
Licensee will piky the sum of $450.00 as a consideration for the license hereby
granted. Licmm further agrees to re@se y, upon bill rendered,
for any and all experises whicn may be incurred by Comparry, resulting from or
in conriection with any such special engineering studies, field supervision or
flagging protection as cmony may find necessary to perform in conriection
with the installation or maintenance of said Facility.
2. Licensee wil.1 construct and maintain Facility, at its in
such mamer as will not interfere with operations of Coq=y or endanger
persons or property of Couipany, and in aooordance with (a) and
specifications (if any) on said print and any other specifications
reasoriably prescribed by W"ny, (b) applicable regulations prescribed by
statute or by goverrmental authority, and (c) applicable specificatiOM
adopted by the Association of American Railroaas when mt in conflict with
plans, specifications or regulations mentioried in (a) and (b) above. Licensee
shaU give the Division Superintendent of @ny at least 72 hours' advance
notice of Lioensee's intention to begin construction of said Facility.
Licensee will, at its expense, make such changes in location, grade or
construction of Flacility, as may be, at any time, required by y.
3. Wheriever cathodic protection is installeci, Licensee will notify
Couipany prior to its being plaoed in service in order that tests may be
oonducted on Company's signal and ommications systems for possible
interfererice. If said Facility causes degradation ' of the signal or
coominications facilities of @ny, Licensee, at its expense, will relocate
the cathodic protection ar4/or provide slir-h rbecessary protection and/or
corrective equipment as may be riecessary to eliminate said interfererioe to the
satisfaction of . Ilhis provision applies to the existing signal and
cm=lcations equipment of y and to any said signal or ccmamications
ecjuiMmt which Coupany may install in the future.
4. If Facility endangers or interferes witn operations of
or if Licensee is in default hereunder and does not r@y sur-h default or
condition after riotice by y so to 00, this license may be revoked by
y and Licensee shall, at its expense, upon written notioe by Coqmy,
and in any event upon termination of this agreeffent by either party as
hereinafter provided, remove Facility from y's property and restore said
property to its coridition existirig prior to oonstruction of Facility. If
Licensee fails to remdve Facility, C y may do so at Licensee's expense.
If an emrgency aribes which in Coupany's judgment requires iate repairs
to Facility, Licensee will, upon request, do the rbecessary work, or failing so
to do, @ny may make such repairs at Licensee's expense.
5. Said Facility shall be constructed and maintainea at the sole
risk of Licensee and Licensee agrees, without regard to negligence on the part
September 6, 1983
-115-
of Company or any other corporation oontrolling, oontroUW by ot under
control with Coupany, to save Company or any other corporation contro3-ling,
amtrolled by or under cmwn control witn y, wholly ha fcom WW
against all claims, damges, expenses arkd liability (whether or not BUCH
liability bas been judicially determinea) for loss of life, parmol injury or
damage to property, resulting frm or in any @r attributable to the
oonstruction,maintenance, use, operation or preserice of the Facility or to the
presence of the equipmt or euployees of Lioenseet on C-wy's proWtY-
6. This agreement shall take effect as of the day of
19 and may be terminated by either party hereto at any time by 60 days'
written mtice to the other of such termination.
EXB7-,UrM in duplicate, each part beirig an original, as of the
day of p
AND Nmm RAIINAY CITY OF VIIRGINIA BEAMI
COMPANY, Virginia,
By By
Vice President. city
Attest:
City Clerk
MiW:8/10/83:
68291
STATE CF
cmicouNry OF to wit
I
City/&mty State aforesaid, a Public in and for the
do certify that
Vice President of AND NOm ccmPANY, whose as
such is signed to the foregoin Ag@t, dated the - day of
1983, has acknowledge the sane before m in my City/County and State aforesaid.
UM urider my hand this - day of 1983.
Notary Public
My CcnTnission Expires:
STATE CF VIRGOM
CITY OF VIM@ BFACH, to wit
_, a Public in and for the
city @ state aforesaid, do hereby certify that H. , City
@er, and NM HODGES , city Clerk, for the CITY CF VIRGINIA
viRmiA, whose names as such are sig-d to the foregoim t, b-rim
date cn the day of - , 1983, have ac)amledged tbe Sam
before m my City and State aforesa3.d.
GivEN urider my hand this day of 1983.
,x Notary Public
SQA
PIM ic ill My Cmwdssion EKpires:
PART
September 6, 1983
CtTY TO;',IAEY -2-
.69 10 ?tis 2.61 Mt@ -116-
e //,we
vq
A
v -N ri
tD
be-a \/'9-
@@7 7
and maintal d accordanas with
latOOt BPPrOvOd AMMICAN RLILWAY
EI;QlNEERIZIC ASSOSIATIONIS 'Spocificatio-.ia
for flipelijivi for Convoying Fl--mable ani
tion-flavw.nhlo Subntanoss'.
-'A4t @O 0,
we-I
'//V 7-S 7,5 .1 Z5' V,7 ,a !rvl-
WIOL4 ro -/7'
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CO L 4)A,113,U5 L C- C@
V/,@ INI@ .5 c
EXHIBIT A
JOHN E. SiFtINE AND ASSOCliTES, LTD.
SURVEYORS t ENGINEERS
Vi,ginic stoch, V.tginio
..t 19 IOff II $J AOO. 1- -117-
ilit,@-ONrie iind Ci,ossiiii to
I)c i@n,;eilled iiid iiiiiintaine(i
in )c-c',@,rdince with latest
.il)l)i-oved Afli@p.IrA*@ IIAll-'.)AY
',.nocification,, for Pipe- rk
lines fni- Cnnvcying IR
fl,iifimable and tlon-flintitiable
Stibstances."
co
?4'X O' rAP. SL EEVE
e'rAP. VALVE
8
w
CONSrlrurION DRIVE I VARIES)
ol Exlsr urILIrIES
66' NORE.' LOCARION OF
R.aw IS APPROX.
J5,000 PSI-, MIN YIELD
srRENorH OF CASING
?"6ALV LEAK ocrecror PIPE
WIBIRD SCREEN
VERr SCALE.- 4
15 /s
OR.
PROP. /5 SD
PROP.15-SO Exlsr i.?"CAS
rop oF 74-F.M.
S fsj
5 F. M. 5
,OROP. 8
PROP. 0 FM le'srEEL CASIVG WIWELVED
joINrsta,?5'WALLJ
sKercH SHOWING
8"FORCE AFAIN CROSSING OF
NORFO@-K sourHERN RAILWAY RRACKS
FOR
COLUAFBUS LOOP ASSOCIArEs
8,4)'SIDE BOROUCH - VIRCloVIA BEACH, VA.
MAY ?J 9 05
E)(FiIBIT B
JOHN E. SIRINE AND ASSOCIATES, LTD.
SURVEYORS t ENGINEERS
Virginia Beach, Virginic
DRAWING NO.
Ttem II-H.26
CONSENT AGENDA ITEM # 20565
Upon motion by Councilwoman Oberndorf, seconded by Councilman Robert Jones,
City Council AUTHORIZED the City Manager to enter into the necessary agreements
with Southern National Leasing Corporation for the lease/purchase of various
pieces of equipment totaling $1,200,779.46 at an annual interest rate of 8.75%
for the Departments of Public Works and General Services.
Voting: 9-0
Council Members Voting Aye:
John A. Baum, 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, Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Nancy A. Creech and J. Henry McCoy, Jr., D.D.S.
September 6, 1983
-119-
Item II-H.27
CONSENT AGENDA ITEM # 20566
Upon motion by Councilwoman Oberndorf, seconded by Councilman Robert Jones,
City Council AUTHORIZED the City Manager to enter into the necessary agree-
ments with Motorola Communications for the lease/purchase of equipment
necessary to upgrade the computer-aided dispatch system located in the
Police Department (project totals $1,000,000 at an annual interest rate of 8.70%).
Voting: 9-0
Council Members Voting Aye:
John A. Batun, 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, Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Nancy A. Creech and J. Henry McCoy, Jr., D.D.S.
September 6, 1983
-120-
Item II-I.1
PLANNTNG ITEM ITEM # 20567
Kalezis D. Kalezis spoke on the following item.
Upon motion by Councilman Jennings, seconded by Vice Mayor Henley, City
Council DEFERRED INDEFINITELY an Ordinance closing, vacating and discontinuing
a portion of an unimproved alley located between Virginia Beach Boulevard and
18th Street in the petition of PETER J. AND JOSEPH J. GUALENI (Lynnhaven
Borough). This closure was approved on February 14, 1983, subject to condi-
tions being met within 180 days. (This item was deferred at the August 22,
1983 meeting.)
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creecb, 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
-121-
ORDINANCE NO.
IN THE MATTER OF CLOSING,-VACATING AND DISCONTINUING
A PORTION OF TIIAT CEtri.AIN STREET OR ALLEY AS SHOWN
ON THAT CERTAIN PLAT ENTITLED "PLAN OF PROPERTY PRO-
POSED ALLEY CLOSURE BEING THE WESTERti MDST PORTION
OF THE ALLEY LOCATED IN BLOCK 3 PLAT OF ATLANTIC
INVESTMENT COMPANY M. B. 55 P. 33 LYNNHAVEN BOROUGit
VIRGINIA BEACH, VIRGLNIA!', DATED SEPTEMBER 15, 1982,
MADE BY GALLUP SURVEYORS & ENGINEERS, LTD., WHICH
PIAT IS RECORDED IN THE CLERK'S OFFICE OF THE
CIRCUIT COURT OF THE CITY OF VIRGINIA BEACH, VIRGLNIA,
IN MAP BOOK , AT PAGE
WHEREAS, it appearing by affidavit that proper notice has
been given by Peter J. Gualeni and Joseph J. Gualeni, that they
would make application to the Council of the City of Virginia
Beach, Virpinia, on to have the hereinafter
described stre@t or alley, discontinued, closed, and vacatedl
and
WHEREAS, it is tt.,e Judgment of the Council that said
street or alley be discontinued, closed, and vacated;
NOT.-I, THEREFORE,
SECTION I
BE IT ORDAINED by the Council of the City of Virginia
Beach, Virginia, that the hereinafter described street or alley
be discontinued, closed, and vacated:
The westernmst portion of the alley located
in Block 3, Plat of Property of the Atlantic
Investment Company, recorded in the Clerk's
Office of the Circuit Court of the City of
Virp,inia Beach, Virginia, in Map Book 55,
page 33, beginning at a point in the southern
right of way line of the aforesaid alley where
it intersects with the northwest corner of
Lot 2, in Block 3, on the aforesaid plat of
the Property of the Atlantic Investment Company,
said point of beginning being 141.18 feet north
of 17th Street, 60' (R/W), as measured along
the western boundary line of said Lot 2, in
Block 3, on the aforesaid plat, and from said
point of beginning thence running N 05* 30' E
for a distance of 20.17 feet to a ointl thence
running in an easterly direction a?ons the
southern boundary line of Lots 30, 29 and 28,
in Block 3, on the aforesaid plat of property of
the Atlantice Investment Conpany N 88* 05' 3t" E
for a distance of 90.60 feet to a point; thence
running in a southerly direction S 01* 54' 25" E
for a distance of 20.00 feet to a point in the
September 6, 1983
-122-
northeast corner of Lot 5 in Block 3, on the
aforesaid plat of Property of the At antic
Investment Company; thence running in a
westerly direction along the northern boundary
line of Lots 5, 4, 3 and 2, in Block 3, on the
aforesaid plat of Pro erty of Atlantic Invest-
ment Company S 88. 05? 35 ,W for a distance
of 93.20 feet to a point, the point of beginning.
Said parcel of land being a portion of a street or alley,
as shown on that certain plat entitled "Plan of Property Proposed
Alley Closure Being the Western Most Portion of the Alley Located
in Block 3 Plat of Atlantic Investment Company M. B. 55 P. 33
Lynnhaven Borough Virginia Beach, Virginia", dated September 15,
1982, made by Gallup Surveyors & Engineers, Ltd., which plat is
recorded in the Clerk's Office of the Circuit Court of the City
of Virginia Beach, Virginia, in Map Book
_, at page
and which is made a part hereof by reference.
SECTION II
A certified copy of the Ordinance shall be filed in the
Office of the Circuit Court of the City of Virginia Beach, ina*xed
in the name of the City of Virginia Beach, as grantor.
SEu-TION III
Adopted by the Councit o6 the City o6 Vikginia Beach, Vi-kginid,
on the Fou)tteenth day o6 Febtua/Ly, 1983.
App4OVdt i6 aubject to the dottowing:
1. ThC dppticant witt 6ubmit a tette& ce-tti6ying that
tot No. 11, aa ahown on tite attacked ptat, ia
abutted by a City At-teet.
2. Retentioit o6 a utitity eaaement ove-t the enti-te
ap,ca ptopo4ed 6o4 etoau4e-
3. Beiote the 6epatate pxopexty ownek6 adjacent to the
,st-Leet can utitize the ctoaed po4tion o6 the 6t4ect,
'o /L
,@ -t buitding o Aetback pu)tpo4e4, the pitope)tty mu6t
be 4ubdivided to inco&poxate the eto6ed gaea into
adjoiniitg pa)Lceta, and tlie owne& mu4t 4ubmit deed,6
oS easement ovet the City 60'L utitity pu4po4e6,
acceptabte to the City Attokney.
4. Comptiance with the above-4tated conditiona P)ithin
180 day4 and 6inat app4ovat by City Councit 4houtd
itet take ptace untit att condition4 gAe met.
(section ill od the attactled O)tdinance Witt be
compteted when councit ha6 decided the condition6
hdVe beeit met.)
-123-
Item II-I.2
PLANNING ITEM ITEM # 20568
Attorney William Wahab represented the applicant.
Upon motion by Councilman Jennings, seconded by Councilwoman Oberndorf,
City Council RECONFIRMED the conditions as set forth in the original
approval (April 4, 1983), subject to Final Adoption in 180 days, an
Ordinance closing, vacating and discontinuing a 24-foot unnamed right-of-
way in the petition of RICHARD H. KLINE (Lynnhaven Borough) per the
following:
ORDINANCE UPON APPLICATION OF RICHARD H. KLINE FOR THE DIS-
CONTINUANCE, CLOSURE AND ABANDONMENT OF AN UNNAMED RIGHT-
OF-WAY
Ordinance upon application of Richard H. Kline for the
discontinuance, closure and abandoriment of an unnamed
right-of-way located on the north side of Southern
Boulevard, beginning at a point 62.32 feet west of
Lynnhaven Parkway and running in a northerly direction
a distance of 222 feet. Said parcel is 24 feet in width
and contains 0.122 acre. LYNNHAVEN BOROUGH.
Approval was subject to the following conditions:
1. The ultimate disposition of this right-of-way should be
by means of purchase rather than direct conveyance to
tbe adjoining property owner.
2. The City shall retain a drainage and utility easement over
this entire parcel.
This item was deferred at the August 22, 1983 meeting.
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
September 6, 1983
-1 24-
ORDINANCE NO.
AN ORDINANCE CLOSING, VACATING
AND DISCONTINUING THAT CERTAIN
UNDEVELOPED RIGHT-OF-WAY TWENTY-FOUR
FEET (240) IN WIDTH LOCATED
IN LYNNHAVEN BOROUGH, CITY OF
VIRGINIA BEACH, VIRGINIA
WHEREAS, proper notice that Richard H. Kline would make
application to the City Council of the City of Virginia Beach,
Virginia, to have the hereinafter described undeveloped right-
of-way twenty-four feet (241) in width closed, vacated and dis-
continued as duly posted; and
WHEREAS, the Petitioner as owner of the property abutting
said street which is affected by its closure has requested the
said street to be closed; and
WHEREAS, application was made to the City Planning Com-
mission and to the City Council, and, pursuant to the statutes
in such cases made provided, the Council appointed Viewers who
have reported to the Council that no inconvenience to the public
or to private individuals would result from such closing, va-
cating and discontinuance; and
'AHEREAS, it is the judgment of the Council that the said
street should be closed, vacated and discontinued;
NOW, THEREFORE, be it ORDAINED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA;
Section 1: That the said undeveloped right-of-way twenty-
four feet (241) in width located in Lynnhaven Borough, City of
Virginia Beach, Virginia, is hereb-v closed, vacated and discon-
tinued, said right-of-way not being needed for public use:
ALL that certain undeveloped right-of-way situate
in the Lynnhaven Borough of the City of Virginia
Beach, Virginia, twenty-four feet (241) in width
running north between parallel lines from the
northern right-of-way line of Southern Boulevard
(which is that certain twenty-four foot street
running adjacent to Norfolk and Southern Railroad)
a distance of 222 feet as shown on that certain
map of "Property of W.R. Payne, located at Lynnhaven
in Princess Anne Co., Va., Scale 11 = 1001, April
24, 1946, W.B. Gallup - County Surveyor", which maD
is recorded of record in the Clerk's Office of the
Circuit Court of the City of Virginia Beach, Virginia
in Map Book 18, at Page 20.
September 6, 1983
1 25-
Sectibn 2: That thirty (30) days after this date, a copy
of this Ordinance, certified by the Clerk, be spread upon the
public records in the Clerk's Office of the Circuit Court of the
City of Virginia Beach, Virginia, and indexed in a like manner
as a deed of lands.
Section 3: This ordinance shall be effective thirty (30)
days from the date of its adoption.
This ORDINANCE NO. enacted and approved this
day of 1983.
-2-
September 6, 1983
-126-
CERTIFIC.I.TE OF VESTING TITLE
1, William R. tlahab, attorney for Richard H. Kline, do hereby
certify that:
1. I am an attornev at law and renresent Richard H.
Kline, the petitioner.
2. If the property described below is discontinued,
closed and vacated bv the Council of the City of Virginia
Beach, Virginia, t*,Ien title to said property will vest in
Richard H. Kline, the adjacent landowner on both sides,
subje.ct to utilities and drainage ease.,nents previously granted
to the City of Virginia Beach.
The said property referred to herein is hereby described
as follows:
ALL that cer-@ain undeveloned right-of-wav situate
in thd Lynnhaven 3orough of the City of Virginia
Beach, Virginia, twenty-four feet (241) in width
running north between Darallel lines from the
north6rn right-of-way line of Southern Boulevard
(which is that certain twenty-four foot street
running adjacent to Norfolk and Southern @ilroad)
a distance of 222 feet as shown on that certain
maD of "Property of W.R. Payne, located at Lynnhaven
in Princess Anne Co., Va., Scale 11 = 1001, Auril
24, 1946, IT.B. GalluD - County Surveyor", which
map is recorded of record in the Clerk's Office of
the -@ircuit Court of the City of Virginia Beach,
Virginia in -P-lan Book 18, at Page 20.
Verv trulv-vo
WM4:mer
September 6, 1983
-127-
Item IT-I.3
PLANNING ITEM ITEM # 20569
Attorney Carter Anderson represented the applicant.
Upon motion by Councilman Jennings, seconded by Councilman Baum, City Council
ADOPTED an Ordinance closing, vacating and discontinuing a portion of
Poinciana Drive in the petition of MERLIN VAN STATZER AND RITA STATZER
(Lynnhaven Borough). This item was deferred June 20 to August 1, August I
to August 8 and August 8 to September 6, 1983.
ORDINANCE UPON APPLICATION OF MERLIN VAN STATZER
AND RITA STATZER FOR THE DISCONTINUANCE, CLOSURE
AND ABANDONMENT OF A PORTION OF POINCIANA DRIVE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
Ordinance upon application of Merlin Van Statzer and
Rita Statzer for the discontinuance, closure and
abandonment of a portion of Poinciana Drive be-
ginning at a point 150 feet east of Wake Forest
Street, running a distance of 120.72 feet along
the southern property line, running a distance of
70 feet along the western boundary of West Admiral
Drive, running a distance of 120.71 feet along the
northern property line and running a distance of
50 feet along the western property line. Said
parcel contains 5,793 square feet. LYNNHAVEN
BOROUGH.
Approval was subject to the following conditions:
1. Retention of drainage and utility easements over the entire
area proposed for closure.
2. The ultimate disposition of this right-of-way should be by
means of purchase rather than direct conveyance to the
adjoining property owner, subject to determination by the
City Attorney s office.
3. The closure of this right-of-way shall be contingent upon
compliance with the above-stated conditions within 120 days
of the approval by City Council.
These conditions having been met, this is FINAL APPROVAL.
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,
W. H. Kitchin, 111, Reba S. McClanan, and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Robert G. Jones and J. Henry McCoy, Jr., D.D.S.
September 6, 1983
-128-
IN THE MATTER OF CLOSING, VACATING AND DISCONTINUING
A PORTION OF THAT CERTAIN STREET, KNOWN AS POINCIANA
DRIVE, AS SHOWN UPON THAT CERTAIN PLAT ENTITLED "PLAT
OF A PORTION OF POINCIANA DRIVE TO BE CLOSED" AS SHOWN
ON "AMENDED SUBDIVISION OF CAPE HENRY SHORES, SECTION
TWO"-LYNNHAVEN BOROUGH-VIRGINIA BEACH, VIRGINIA", WHICH
PLAT IS ATTACHED HERETO.
PETITION
TO: THE MAYOR AND THE MEMBERS OF THE COUNCIL OF
THE CITY OF VIRGINIA BEACH, VIRGINIA
Your Petitioner, Merlin Van Statzer and Rita Jane
Statzer, respectfully represent as follows:
1. That pursuant to the provisions of Section 15.1-364
of the 1950 Code of Virginia, as amended, the Petitioner
applies for the vacating, closing and discontinuance of a
portion of that certain street, which is more specifically
described as follows:
Poinciana Drive beginning at a point on
the West side og Admiral Drive West and
thence South 13 531 00" East, a distance
of 70.00 feet to a point and thence along
a curve to the left having a radius of ten
feet, an arc distance 8f 15.57 feet to a
point; thence South 76 531 30" West, a dis-
taece of 105.15 feet to a point, thence North
13 53'00" West, a disaance of 50 feet, to a
point, thence North 76- 531 30" East for a
distance of 104.87 feet to a point; thence
along a curve to the right having a radius
of 10.00 feet, an arc distance of 15.84 feet
to a point of beginning. (Portion to be
vacated is designated as 5793 square feet of
Poinciana Drive, formerly Holly Road).
Said parcel of land being a portion of Poinciana Drive,
as indicated on that certain plat entitled" Plat of A Portion
of Poinciana Drive To Be Closed", as shown on "Amended sub-
division of Cape Henry Shores, Section Two"-Lynnhaven Borough-
Virginia Beach, Virginia", which plat is attached hereto and
made a part hereof and intended to be recorded with the
ordinance closing the aforedescribed street.
2. That no inconvenience will result to any persons
by reason of said closing, vacating, and discontinuance of
ays that this Honorable
said street; and the Petitioner pr
Council appoint viewers as provided by law to view said plat-
@.d.-. -d @.d,-
....... L..i ted street proposed to be closed and to report in writing to
1;@.. N.@k R&
the Council on or before the day of 1982
-129-
as to whether in the opinion of said Viewers, what inconven-
ience, if any, would result from the discontinuance and clos-
ing of this portion of said street, as herein reported and
described.
3 . That on the 31st day of August, 1982 and on the
7th day of September, 1982 , notice of the presenting of this
application was published in the Beacon, a newspaper of gen-
eral circulation, in the City of Virginia Beach, Virginia.
4. That the fee simple owners of all land along and
adjacent to and affected by said portion of the platted street
are your Petitioners herein, Merlin Van Statzer and Rita Jane
Statzer, Joe H. smith and Jean Marsh Smith, 2215 Pimmit Drive,
Apartment 915, Falls Church, Virginia.
Respectfully submitted,
MERLIN VAN STATZER and
RITA JANE STATZER
C•••
f�. Of Counsel
H. Thomas Padrick, Jr.
ANDERSON & PADRICK
Attorneys at Law
2240 N. Great Neck Road
Virginia Beach, Virginia 23451
L
anchisionaridgadrair
UhrrneinaitLaw
2
tY\rginia^B aah x
-130-
ORDINANCE APPOINTING VIEWERS
WHEREAS, MERLIN VAN STRATZER and RITA JANE STRATZER has given
due and proper notice, in accordance with the statutes for such cases made
taw
and provided that they will on the 23rd day of August, 1982, apply to the
City Council of the City of Virginia Beach, Virginia, for the appointment
of Viewers to view the below-described property and report in writing to
the Council whether, in the opinion of said Viewers, any, and if any,
what inconvenience would result frau the discontinuance of the hereinafter
described portion of that certain street and has filed such application
with said Council.
N044, TEiEREFORE, be it ORDAINED by the Council of the City of
Virginia Beach, Virginia:
THAT
, are hereby appoint-
ed to view the below described property and report in writing to the Coun-
cil on or before September 20, 1982, whether in their opinion, any, and if
any, what inconvenience would result in the discontinuing and vacating of
a portion of that certain Street located in the City of Virginia Beach,
Virginia, and more particularly described as follows:
Poinciana Drive beginning at a point on
the West side of Admiral Drive West and
thence South 13° 53' 00" East, a distance
of 70.00 feet to a point and thence along
a curve to the left having a radius of ten
feet, an arc distance 8f 15.84 feet to a
point; thence South 76 53' 30" West, a
distance of 105.15 feet to a point; thence
North 13° 53' 00" West, a distance of 50
feet, to a point, thence 104.87 feet to a
point; thence along a curve to the right
having a radius of 10.00 feet, an arc dis-
tance of 15.84 feet to the point of begin-
ing. (portion to be vacated is designated
as 5793 square feet of Poinciana Drive,
formerly Holly Road) .
All the above as shown upon that certain plat entitled " Plat Of
A Portion Of Poinciana Drive To Be Closed" as shown on "Amended Subdivision
Of Cape Henry Shores, Section 1\c - Lynnhavan Borough - Virginia Beach,
Virginia, which plat is attached hereto and made a part hereof and intended
-131-
Fr to be recorded with the Ordinance closing the aforedescribed street,
f
L
L
-132-
ORDINANCE NO.
IN THE MATTER OF CLOSING, VACATING, AND DISCONTINUING A
PORTION OF THAT CERTAIN STREET, KNOWN AS POINCIANA DRIVE,
I AS SHOWN UPON THAT CERTAIN PLAT ENTITLED, "PIAT OF A POR-
`r TION CF POINCIANA DRIVE '10 BE CLOSED" AS SHOWN ON WENDED
SUBDIVISION OF CAPE HENRY SHORES, SECTION TWO"- LYNNHAVEN
BOROUGH - VIRGINIA BEACH, VIRGINIA", WHICH PIAT IS ATTACHED
HERETO WHICH IS RECORDED IN THE CLERK'S OFFICE OF THE CIRCUIT
COURT OF THE CITY OF VIRGINIA BEACH, VIRGINIA, IN MAP BOOK
AT PAGE
WHEREAS, it appearing by Affidavit that proper notice has been
given by MERLIN VAN STRATZER and RITA JANE STRATZER, that they would
make application to the Council of the City of Virginia Beach, Virginia,
on September 27, 1982, to have the hereinafter described street discon-
tinued, closed, and vacated; and
WHEREAS, it is the judgment of the Council that said street be
discontinued, closed and vacated;
NOW, THEREFORE,
FY• SECTION I
BE TT ORDAINED by the Council of the City of Virginia Beach,
Virginia, that the hereinafter described street be discontinued, closed,
and vacated:
Poinciana Drive beginning at a point on
the West side og Admiral Drive West and
thence South 13 53' 00" East, a distance
of 70.00 feet to a point and thence along
a curve to the left having a radius of ten
feet, an arc distance gf 15.57 feet to a
point, thence South 76 53' 30" West, a
distance of 105.15 feet to a point, thence
North 13° 53' 00" West, a distance of 50
feet, to a point, thence 104.87 feet to a
point; thence along a curve to the right
having a radius of 10.00 feet, an arc dis-
L tance of 15.84 feet to the point of begin-
ing. (Portion to be vacated is designated
as 5793 square feet of Poinciana Drive,
formerly Holly Road) .
Said parcel of land being a portion of Poinciana Drive, as indi-
cated on that certain plat entitled "Plat Of A Portion Of Poinciana Drive
Tb Be Closed", as shown on "Amended suhrii vision of Cape Henry Stores, Sec-
tion Two" - Lynnhaven Borough - Virginia Beach, Virginia, which plat is
-133-
recorded in the Clerk's Office of the Circuit Court of the City of Virginia
Beach, Virginia in Map Book - , at Page , and which is made
a part hereof by reference.
SECTION II
A certified copy of this Ordinance shall be filed in the Office
of the Circuit Court of the City of Virginia Beach, Virginia, indexed in
the nacre of the City of Virginia Beach, as grantor.
SECTION III
This Order shall be in effect 30 days from the date of its
passage.
L
L
Adopted by the Council of the City of Virginia Beach, Virginia, on the
Si, th day of September, Nineteen Hundred, Eighty-Three.
-134-
Item II-I.4
PLANNING ITEM ITEM # 20570
Attorney Grover Wright represented the applicant.
Upon motion by Councilman Heischober, seconded by Councilwoman Creech,
R City Council ADOPTED Ordinances upon application of WALTER F. CHOW for a
[E■,r Change of Zoning from R-6 to B-2;
AND,
a Conditional Use Permit for mini-warehouses per the following:
ORDINANCE UPON APPLICATION OF WALTER F. CHOW FOR
A CHANGE OF ZONING FROM R-6 TO B-2 Z0983745
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
Ordinance upon application of Walter F. Chow for a
Change of Zoning District Classification from R-6
Residential District to B-2 Community-Business
District on certain property located on the south
side of Virginia Beach Boulevard beginning at a
point 730 feet east of Fair Meadows Road, running
a distance of 220 feet along the south side of
Virginia Beach Bouelvard, running a distance of
562 feet along the eastern property line, running
a distance of 210 feet along the southern property
r line and running a distance of 590 feet along the
western property line. Said parcel contains 2.6
acres. BAYSIDE BOROUGH.
When the development plans for this project are reviewed by the staff, the
following may be required:
1. Standard improvements as required by the Site Plan Ordinance.
2. City water and sewer.
3. On-site retention of storm water.
4. No median openings along Virginia Beach Boulevard.
Prior to the changing of the offical zoning maps, the following condition will
be met:
1. A 20-foot dedication along the frontage on Virginia Beach
Boulevard, 80 feet from the proposed construction center line
of the median, together with the dedication of two (2)
permanent drainage easements as shown on Sheets 6 and 6A of
the Virginia Beach Boulevard Plans, Project #0058-134-101,
PE-101, C-501, R/W 201, on file with the Department of Public
Works/Engineering Division.
This Ordinance shall be effective from the date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
Sixth day of September, Nineteen Hundred, Eighty-Three.
September 6, 1983
-135-
Item II-I.4
PLANNING ITEM ITEM # 20570 (continued)
ORDINANCE UPON APPLICATION OF WALTER F. CHOW FOR A
CONDITIONAL USE PERMIT FOR MINI-WAREHOUSES R0983572
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
Ordinance upon application of Walter F. Chow for a
Conditional Use Permit for mini-warehouses on
certain property located on the south side of
Virginia Beach Boulevard beginning at a point 730
feet east of Fair Meadows Road, running a distance
of 220 feet along the south side of Virginia Beach
Boulevard, running a distance of 562 feet along the
eastern property line, running a distance of 210
feet along the southern property line and running a
distance of 590 feet along the western property line.
Said parcel contains 2.6 acres. BAYSIDE BOROUGH.
During further review of the development plans for this project, the following
may be required by the staff:
1. City water and sewer.
2. On-site retention of storm water.
3. No median openings along Virginia Beach Boulevard.
4. A 6-foot privacy fence along the southern and western property
Light.
5. Lighting shall be directed away from adjacent residences.
As a condition of the use permit, the following is required:
1. A 20-foot dedication along the frontage on Virginia Beach Boulevard,
80 feet from the proposed construction centerline of the median,
together with the dedication of two (2) permanent drainage ease-
ments as shown on Sheets 6 and 6A of the Virginia Beach Boulevard
Plans, Project lY 0058-134-101, PE-101, C-501, R/W 201, on file
with the Department of Public Works/Engineering Division.
This Ordinance shall be effective from the date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
Sixth day of September, Nineteen Hundred, Eighty-Three.
Voting: 9-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor
Barbara M. Henley, Mayor Louis R. 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:
H. Jack Jennings, Jr. and Robert G. Jones
September 6, 1983
-136-
Item II-I.5
PLANNING ITEM ITEM # 20571
Attorney Grover Wright represented the applicant.
Upon motion by Councilman Heischober, seconded by Councilman Baum, City
Council ADOPTED an Ordinance upon application of COLONIAL SELF STORAGE
for a Conditional Use Permit for mini-warehouses per the following:
ORDINANCE UPON APPLICATION OF COLONIAL SELF STORAGE
FOR A CONDITIONAL USE PERMIT FOR MINI-WAREHOUSES R0983573
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
Ordinance upon application of Colonial Self Storage
for a Conditional Use Permit for mini-warehouses
on certain property located on the west side of
Greenwell Road beginning at a point 55 feet south of
Shore Drive, running a distance of 110 feet along
the west side of Greenwell Road, running a distance
of 45 feet in a southwesterly direction, running a
distance of 40 feet in a southeasterly direction,
running a distance of 245 feet in a southwesterly
direction, running a distance of 150 feet in a north-
westerly direction, running a distance of 251.46
feet in a southwesterly direction, running a dis-
tance of 355 feet more or less along the east side of
Northampton Boulevard, running a distance of 70.50 feet
along the south side of Shore Drive, running a dis-
tance of 139.85 feet in a southeasterly direction
and running a distance of 215.90 feet in a north-
L easterly direction. Said parcel contains 1.7 acres.
BAYSIDE BOROUGH.
Approval was subject to the following conditions:
1. No access will be permitted to the Northampton Boulevard
"off-ramp".
2. A 6-foot privacy fence with landscaping along all
adjoining residentially-zoned property.
3. Lighting directed away from adjacent residences.
The following may be required by the staff:
1. City water and sewer.
This Ordinance shall be effective from the date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
Sixth day of September, Nineteen Hundred, Eighty-Three.
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 September 6, 1983
-137-
Item II-I.6
PLANNING ITEM ITEM II 20572
Mrs. Sherry Baron represented the applicants.
Thomas Lindsey, Charter member of Kehillat Bet Hamidrash Synagogue, spoke.
Upon motion by Councilman McCoy, seconded by Councilwoman Oberndorf, City
Council ADOPTED an Ordinance upon application of VINCENT E. AND
GLORIA J. HECHT AND KEHILLAT BET HAMIDRASH for a Conditional Use Permit
for a synagogue per the following:
ORDINANCE UPON APPLICATION OF VINCENT E. AND GLORIA J.
HECHT AND KEHILLAT BET HAMIDRASH FOR A CONDITIONAL USE
PERMIT FOR A SYNAGOGUE R0983574
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
Ordinance upon application of Vincent E. and Gloria J.
Hecht and Kehillat Bet Hamidrash for a Conditional Use
Permit for a synagogue on certain property located
on the south side of Providence Road beginning at
a point 733 feet west of Luke Drive, running a dis-
tance of 151.16 feet along the south side of Provi-
dence Road, running a distance of 910.60 feet along
the western property line, running a distance of
151.16 feet along the southern property line and
running a distance of 910.79 feet along the eastern
property line. Said parcel is located at 4937 Provi-
dence Road and contains 3.16 acres. KEMPSVILLE BOROUGH.
The following may be required by the staff.
1. City water and sewer.
2. Since an existing dwelling is to be utilized, compliance
with building code requirements for churches and synagogues.
The following is required:
1. A 10-foot dedication along the frontage on Providence Road
to provide for an ultimate 90-foot right-of-way as per the
Master Street and Highway Plan.
This Ordinance shall be effective from the date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
Sixth day of September, Nineteen Hundred, Eighty-Three.
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 Abstaining:
Robert G. Jones
September 6, 1983
-138-
Item II-I.7
PLANNING ITEM ITEM II 20573
Attorney Grover Wright represented the applicant.
Bruce Bremner, representing the Pinewood Civic League, spoke.
Upon motion by Councilman Kitchen, seconded by Councilwoman Oberndorf, City
ibra Council ADOPTED an Ordinance upon application of JOHN T. MAMOUDIS for a
Change of Zoning from R-7 to A-2 (MODIFIED from A-4) per the following:
ORDINANCE UPON APPLICATION OF JOHN T. MAMOUDIS FOR A
CHANGE OF ZONING FROM R-7 TO A-2 (MODIFIED FROM A-4) Z0983746
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
Ordinance upon application of John T. Mamoudis for
a Change of Zoning District Classification from R-7
Residential District to A-2 Apartment District
(Modified from A-4) on certain property located on
the north side of Norfolk Avenue beginning at a
point 331.1 feet west of Pacific Avenue, running a
distance of 574.16 feet along the north side of
Norfolk Avenue, running a distance of 65.56 feet along
the western property line, running a distance of 630
feet more or less along the northern property line and
running a distance of 331.93 feet along the eastern
property line. Said parcel contains 2 acres more or
less. VIRGINIA BEACH BOROUGH.
The following will be required:
1. There will be no variances.
2. Buffering shall be with plantings and screening as
specified by the City upon Site Plan approval.
3. A 5-foot dedication along the frontage on Norfolk Avenue, 30
feet from the centerline of the existing 50-foot right-of-way
to provide for an ultimate 60-foot right-of-way as per the
Master Street and Highway Plan.
The following may be required:
1. Standard improvements as required by the Site Plan Ordinance.
2. City water and sewer.
3. Construction and dedication of that portion of Norfolk Avenue
lying within the limits of this site.
4. No filling of Lake Holly.
5. No dredging, filling, bulkheading or other waterfront-related
activities without the proper permits from the appropriate
R local, state, and federal agencies.
6. No access to Pinewood Drive. Only one entrance will be per-
mitted across from Arctic Avenue.
7. Verification of the location of the property line along Lake
Holly.
This Ordinance shall be effective from the date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
Sixth day of September, Nineteen Hundred, Eighty-Three.
September 6, 1983
-139-
Item II-I.7
PLANNING ITEM ITEM If 20573 (continued)
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: Nj
None
Council Members Abstaining:
None
j
Council Members Absent:
Robert G. Jones
September 6, 1983
-140-
Item II-I.8
PLANNING ITEM ITEM II 20574
Attorney Carter Anderson represented the applicant.
Upon motion by Councilman Heischober, seconded by Councilwoman Creech, City
Council ADOPTED an Ordinance upon application of CHARLIE H. KESTNER for a
Conditional Use Permit for a gasoline station, truck pavilion, and restaurant
per the following:
ORDINANCE UPON APPLICATION OF CHARLIE H. KESTNER FOR A
CONDITIONAL USE PERMIT FOR A GASOLINE STATION, TRUCK
PAVILION AND RESTAURANT R0983575
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
Ordinance upon application of Charlie H. Kestner for
a Conditional Use Permit for a gasoline station, truck
pavilion and restaurant on certain property located
on the north side of Northampton Boulevard beginning
at a point 766.37 feet more or less west of Baker Road,
running a distance of 33.30 feet along the north side
of Northampton Boulevard, running a distance of 168.03
feet in a northwesterly direction, running a distance
of 189.10 feet in a southwesterly direction, running
a distance of 505.29 feet in a northwesterly direction,
running a distance'of 95.20 feet in a southwesterly
direction, running a distance of 115 feet in a north-
westerly direction, running a distance of 138.27 feet in
a southwesterly direction, running a distance of 90.80
feet in a northwesterly direction, running a distance
iso of 351.03 feet in a northeasterly direction, running
a distance of 425.86 feet in a northwesterly direction,
running a distance of 893.39 feet in a northeasterly
direction, running a distance of 126.56 feet in a
northwesterly direction, running a distance of 461. 78
feet in a northerly direction, running a distance of
287.15 feet in an easterly direction, running a dis-
tance of 50 feet more or less in a southwesterly
direction, running a distance of 1234.49 feet in a
southeasterly direction, running a distance of 338.12
feet in a southwesterly direction, running a distance
of 75.81 feet in a westerly direction and running a
distance of 760.84 feet in a southerly direction.
Said parcel is located at 5792 Northampton Boulevard
and contains 31.4 acres. BAYSIDE BOROUGH.
Approval was subject to the following condition:
1. Conditional Use Permit limited to an area back to the borrow pit.
The following may be required by the staff:
1. City water and sewer.
2. No filling of the existing on-site borrow pit without appropriate
local, state and federal permits. Additionally, if the borrow
pit is to be filled, a hydrology study will be necessary.
September 6, 1983
-141-
Item II-I.8
PLANNING ITEM ITEM If 20574 (continued)
The following may be required by the staff:
3. Construct an entrance of approximately 50 feet in width
and in compliance with the VDH&T entrance standard for a
truck stop.
4. Locate the entrance opposite the existing median opening on
Northampton Boulevard.
5. Lengthen the existing northbound left-turn lane at the
entrance on Northampton Boulevard from 150 feet long to 250
feet long with a 200-foot long transition lane.
6. Construct a southbound right-turn lane at the entrance on
Northampton Boulevard 250 feet long with a 200-foot long
transition lane.
7. Locate all structures and fuel pumps as far back from
Northampton Boulevard as possible to allow sufficient on-
site area for maneuvering vehicles, and to avoid con-
gestion at the entrance to the site. (The preliminary
plan submitted could be redesigned to allow this maneuvering
area and improve on-site traffic flow.)
This Ordinance shall be effective from the date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
Sixth day of September, Nineteen Hundred, Eighty-Three.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor
Barbara M. Henley, H. Jack Jennings, Jr. , Mayor Louis R. Jones,
Robert G. Jones, W. H. Kitchin, III, Reba S. McClanan,
J. Henry McCoy, Jr. , D.D.S. , and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent: J
None
September 6, 1983
-142-
Item II-I.9
PLANNING ITEM ITEM 11 20575
Attorney Grover Wright represented the applicant.
Upon motion by Councilman Heischober, seconded by Councilman McCoy, City
Council DEFERRED to September 12, 1983, an Ordinance upon application of
11:1; INTERNATIONAL PARKWAY INVESTMENT PROPERTIES, INC. , SEVEN D CORPORATION,
and SEVEN A CORPORATION for a Change of Zoning from B-3 to B-4 per the
following:
ORDINANCE UPON APPLICATION OF INTERNATIONAL PARKWAY
INVESTMENT PROPERTIES, INC. , SEVEN D CORPORATION AND
SEVEN A CORPORATION FOR A CHANGE OF ZONING FROM B-3
TO B-4
Ordinance upon application of International Parkway
Investment Properties, Inc. , Seven D Corporation, and
Seven A Corporation, for a Change of Zoning District
Classification from B-3 General-Business District to
B-4 Resort-Commercial District on the south side of
Virginia Beach Boulevard, 420 feet more or less east
of Beasley Drive on Lots 18 through 22 and 40 through 44,
Block 35, Lots 18 through 22, Block 43, Lots 1 through
8 and 23 through 29, Block 27, Lots 1 through 44,
Block 36 and Lots 1 through 22, Block 51, and portions
of Potomac, Cleveland and Eighth Streets, Plat of
Sunnybrook. Said parcel contains 9.159 acres.
BAYSIDE BOROUGH.
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
L
Council Members Absent:
Robert G. Jones
September 6, 1983
-143-
Item II-I.10
PLANNING ITEM ITEM II 20576
Attorney Grover Wright represented the applicant.
Paul L. Strassberg, the applicant, spoke.
Raymond Pelletier, representing the Salem Woods Civic League, spoke in
opposition.
Upon motion by Councilman McCoy, seconded by Councilwoman Creech, City
Council ADOPTED an Ordinance upon application of PAUL L. STRASSBERG for
a Change of Zoning from B-2 to A-1 (MODIFIED from A-2) as follows:
ORDINANCE UPON APPLICATION OF PAUL L. STRASSBERG
FOR A CHANGE OF ZONING FROM B-2 TO A-1 Z0983747
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
Ordinance upon application of Paul L. Strassberg
for a Change of Zoning District Classification
from B-2 Community-Business District to A-1
Apartment District (MODIFIED from A-2) on certain
property located on the southwest side of Princess
Anne Road beginning at a point 160 feet more or less
southeast of Corner Road, running a distance of
1019.67 feet along the southwest side of Princess
Anne Road, running a distance of 1060.86 feet along the
southern property line, running a distance of 1165.20
feet along the east side of Salem Road and running
a distance of 372.42 feet along the northern property
line. Said parcel contains 17.067 acres. KEMPSVILLE
BOROUGH.
The following may be required:
1. Standard improvements as required by the Site Plan Ordinance.
2. City water and sewer.
3. Participation in traffic signalization cost as determined
by the Traffic Engineer's office.
4. Ingress/egress limited to Salem Road.
This Ordinance shall be effective from the date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
Sixth day of September, Nineteen Hundred, Eighty-Three.
Voting: 10-1
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor
Barbara M. Henley, H. Jack Jennings, Jr. , Mayor Louis R. Jones,
Robert G. Jones, W. H. Kitchin, III, Reba S. McClanan,
J. Henry McCoy, Jr. , D.D.S.
Council Members Voting Nay:
Meyera E. Oberndorf
September 6, 1983
-144-
Item 11-I.11
PLANNING ITEM ITEM U 20577
Attorney Robert Cromwell represented the applicant.
Speaking in opposition were the following:
June Keene, resident of Oak Springs
Fran Post, resident of Oak Springs (presented a plat of Oak Springs)
John W. Miller, Jr. , resident of Oak Springs
Verbal opposition was registered (see attached list) .
Upon motion by Councilwoman McClanan, seconded by Councilman McCoy, City
Council DEFERRED to September 12, 1983, an Ordinance upon application of
BREEDEN DEVELOPMENT CORPORATION, A VIRGINIA CORPORATION, for a Change
of Zoning from B-2 to A-2. (A motion was made and seconded to deny the
application; and, a substitute motion was made and seconded to approve
the application. The motions and seconds were withdrawn in favor of deferral.)
ORDINANCE UPON APPLICATION OF BREEDEN DEVELOPMENT
CORPORATION, A VIRGINIA CORPORATION, FOR A CHANGE OF
ZONING FROM B-2 TO A-2
Ordinance upon application of Breeden Development
Corporation, a Virginia Corporation, for a
Change of Zoning District Classification from B-2
Community-Business District to A-2 Apartment Dis-
trict on certain property located 202.01 feet west of
Its Holland Road beginning at a point 1311 feet south of
Rosemont Road, running a distance of 962.53 feet along
the eastern property line, running a distance of 600
feet more or less along the southern property line,
running a distance of 910 feet along the western
property line and running a distance of 600 feet more
or less along the northern property line. Said parcel
contains 13.928 acres. PRINCESS ANNE BOROUGH.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor
Barbara M. Henley, H. Jack Jennings, Jr. , Mayor Louis R. Jones,
Robert G. Jones, W. H. Kitchin, III, Reba S. McClanan,
J. Henry McCoy, Jr. , D.D.S. , and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
September 6, 1983
-145-
Item II-I.12
PLANNING ITEM ITEM # 20578
Robert Thornton of Harvey Lindsey and Company represented the applicant.
He presented to Council a letter from the Chimney Hill Homeowners'
Association which is hereby made a part of the record.
Upon motion by Councilman McCoy, seconded by Councilwoman Oberndorf, City
Council ADOPTED Ordinances upon application of CHIMNEY HILL LAND COMPANY
for a Change of Zoning from B-2 to R-8 (MODIFIED from A-2) ;
AND,
for a Conditional Use Permit for housing for the elderly per the following:
ORDINANCE UPON APPLICATION OF CHIMNEY HILL LAND
COMPANY FOR A CHANGE OF ZONING FROM B-2 TO R-8
(MODIFIED FROM A-2) Z0983748
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
Ordinance upon application of Chimney Hill Land
Company for a Change of Zoning District Classification
from B-2 Community-Business District to R-8 Residential
(Modified from A-2) on certain property located on
the east side of Chimney Hill Parkway beginning at a
point 626.61 feet south of Holland Road, running a
distance of 321.76 feet along the east side of Chimney
Hill Parkway, running a distance of 61.11 feet in a
southeasterly direction, running a distance of 50.56
feet in a southwesterly direction, running a distance `
of 780 feet more or less along the southern property
line, running a distance of 120 feet in a northerly
direction, running a distance of 92 feet in a north-
easterly direction, running a distance of 121.16 feet
in a northwesterly direction, running a distance of
172.05 feet in a westerly direction, running a dis-
tance of 78.94 feet in a southwesterly direction,
running a distance of 213.90 feet in a westerly
direction, running a distance of 270.88 feet in a
northwesterly direction and running a distance of
96 feet in a westerly direction. Said parcel contains
5.3 acres. KEMPSVILLE BOROUGH.
The following may be required:
1. Standard improvements as required by the Site Plan Ordinance.
2. City water and sewer.
This Ordinance shall be effective from the date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
Sixth day of September, Nineteen Hundred, Eighty-Three.
September 6, 1983
-144a-
Item II-I.11
PLANNING ITEM ITEM # 20577 (continued)
VERBAL OPPOSITION TO CHANGE OF ZONING
APPLICATION OF BREEDEN DEVELOPMENT CORPORATION
(via telephone)
L Mr. and Mrs. Nenita Arcega and 901 Northwood Drive 340-7452
family
Kathryn Bush 1117 Geranium Crescent 427-2092
Brenda and Robert Cash 905 Northwood Drive 340-3271
Mrs. Chappel
Julie Doggett 3713 Woodhurst Lane 340-4040
William Edwards 3701 Bow Creek Road 463-5114
Edwin F. Enos 3708 Oak Creek Court 463-1581
Vanessa Enos 3708 Oak Creek Court 463-1581
Adele Falardeau 916 Meadowood Drive 340-4469
Barbara Glover 917 Garden Grove Court 463-0633
Ada Guizar 3708 Woodcrest Lane 486-5568
Meredith Hansell 912 Larkhaven Lane 486-7537
L Cathy Hill 920 Meadowood 340-0608
Charles Hill Oak Springs 463-3227
Edith A. Hill 905 Larkhaven Lane 463-3227
Murry Honeycutt 932 Meadowood Drive 340-6590
Ernest J. Hopkins 3744 Stoneshore Road 463-3214
Lenore Hynes 3720 Woodcrest Lane 463-7569
Gordon and Donna Jackson 985 Smoke Tree Lane 463-6996
Doris Jones 912 Meadowood 340-4164
Gene LeBlanc 905 Shady Hollow Lane 340-6184
Susan Lingo 3764 Stoneshore Road 340-0708
Flora Loyola 3716 Woodcrest Lane 463-6558
Jim Keene 3792 Stoneshore Road 463-7080
LW. H. McIntire 4417 Cambria Street 497-4370
L Mark McMullen 928 Meadowood Drive 463-0996
Gwen McNamee 3724 Woodcrest Lane 463-7339
Dr. & Mrs. Peter Mellis 900 Silver Tree Court 340-0932
Carlos and Cynthia Michael 904 Meadowood Drive 463-0509
Cynthia & Walter Milam 3717 Woodcrest Lane 463-7575
Betty E. Milligan 1036 Smoke Tree Lane 486-8321
Linda Miller 3756 Stoneshore Road 463-6789
September 6, 1983
-144b-
Debbie & Steve Moulton 908 Meadowood Drive 486-8482
Bonnie and Michael D. Newsome 1034 Smoke Tree Lane 486-3768
George & June Niles 3796 Stoneshore 463-5078
Fi Debie & Dennis Pannenbacker 3798 Stoneshore 340-1504
LJames S. & Mary Pohle 901 Larkhaven Lane 463-6254
Fran and Warren Post 980 Silver Tree Court 463-3524
Michael Powell
Robert & Dorothy Putallaz 3760 Stoneshore Road 486-2151
Vicky Tadlock 1033 Smoke Tree Lane 463-0200
Sr. Chief Robert Trinidad 3709 Woodcrest Lane 463-7728
Francis C. & Lourdes Velasquez 3712 Woodcrest Lane 463-7035
Ann Ventura 3758 Stoneshore Road 340-2572
Mrs. J. C. Williams 908 Northwood 463-8226
Art Ryan 3700 Woodcrest 463-1988
James Yackee 3801 Ridgeview Road 444-1285
I-
I
September 6, 1983
-146-
Item II-I.12
PLANNING ITEM ITEM # 20578 (continued)
ORDINANCE UPON APPLICATION OF CHIMNEY HILL LAND COMPANY
FOR A CONDITIONAL USE PERMIT FOR HOUSING FOR THE
ELDERLY R0983576
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
im: Ordinance upon application of Chimney Hill Land Company
for a Conditional Use Permit for housing for the
elderly on certain property located on the east side
of Chimney Hill Parkway beginning at a point 626.61
feet south of Holland Road, running a distance of 321.76
feet along the east side of Chimney Hill Parkway, running
a distance of 61.11 feet in a southeasterly direction,
running a distance of 50.56 feet in a southwesterly
direction, running a distance of 780 feet more or less
along the southern property line, running a distance
of 120 feet in a northerly direction, running a dis-
tance of 92 feet in a northeasterly direction, running
a distance of 121.16 feet in a northwesterly direction,
running a distance of 172.05 feet in a westerly
direction, running a distance of 78.94 feet in a
southwesterly direction, running a distance of
213.90 feet in a westerly direction, running a dis-
tance of 270.88 feet in a northwesterly direction and
running a distance of 96 feet in a westerly direction.
Said parcel contains 5.3 acres. KEMPSVILLE BOROUGH.
The following conditions are to be met:
1. Installation of automatic fire alarm and sprinkler systems
meeting the requirements of the Fire Protection Engineer.
2. Limited to a height of 36 feet.
The following may be required by the staff:
1. City water and sewer.
This Ordinance shall be effective from the date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
Sixth day of September, Nineteen Hundred, Eighty-Three.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, 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 Abstaining:
Nancy A. Creech
September 6, 1983
-147-
Item II-J.1-10
APPOINTMENTS ITEM 4 20579
City Council unanimously agreed to reschedule Appointments to the following
Boards and Commissions:
1. COMMUNITY CORRECTIONS RESOURCE BOARD
2. DEVELOPMENT AUTHORITY
3. PENDLETON PROJECT MANAGEMENT BOARD
4. HAMPTON ROADS AIR POLLUTION CONTROL DISTRICT
5. HISTORICAL REVIEW BOARD
6. MOSQUITO CONTROL COMMISSION
7. PERSONNEL BOARD
8. PLUMBING AND MECHANICAL APPEALS
9. TRANSPORTATION SAFETY COMMISSION
10. WETLANDS BOARD
September 6, 1983
-148-
Item II-K.
UNFINISHED BUSINESS ITEM f 20580
I:0' Councilman Jennings sponsored Jim Kaiser of the Mayor's Air Cushion Vehicle
Advisory Committee who presented a proposed Resolution regarding LACV-30's at
Fort Story.
By consensus of City Council Members, this Resolution will be presented on
the Agenda for September 12, 1983.
L
L
September 6, 1983
J
J
-148a-
RESOLUTION
WHEREAS, the U. S. Artily has introduced air cushion landing craft, designa
LACV-30, at Fort Story in the City of Virginia Beach and has conducted testing and
training operations here and elsewhere in the Tidewater area; and
LWHEREAS, the noise emanating from this vehicle has already proved to be
a significant problem for citizens and tourists in Virginia Beach, evidenced by
numerous complaints from property owners, local industry, and tourists at hotels and
campgrounds; and
WHEREAS, the Virginia Beach City Council favors a strong national defense;
however, the presence of the LACV-30 is degrading the quality of life in Virginia
Beach by creating a health and safety hazard and has potential for disrupting and
diminishing the vibrant tourist industry, reducing private property values, and
reducing the City's tax base;
NOW, THEREFORE, BE IT RESOLVED that the Council of the City of Virginia
Beach hereby requests our duly-elected congressional representatives - Senator John W.
Warner, Senator Paul Trible, and Congressman G. William Whitehurst - to intervene
(481 on behalf of the City of Virginia Beach with the assistance of federal and state
agencies to accomplish the following:
1 . Delay construction of facilities at Fort Story designed to
support the LACY-30 until conflicts between the City and
the Army concerning the vehicle have been resolved.
2. Have the Army consider alternative locations for basing the
LACV-30 and for training of associated personnel .
3. Insure that the Army conducts a complete study of the negative
impacts of the LACV-30 which affect the quality of life of
the citizens and industry of Virginia Beach prior to further
expansion of operations. The resultant report is to be
available for review by Virginia Beach officials.
4. Arrange for prompt negotiations between local Army and City
representatives for the purpose of developing interim ground
rules for operation of the LACV-30.
September 6, 1983
3
-149-
Item II-L
NEW BUSINESS ITEM # 20581
Upon motion by Councilman Baum, seconded by Councilwoman Oberndorf, City
Council APPROVED the expedition of the application of ATLANTIC SHORES
BAPTIST CHURCH for a Conditional Use Permit to October 3, 1983.
Voting: 10-0
rr 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
September 6, 1983
-150-
Item II-M
RECESS INTO EXECUTIVE
SESSION/ADJOURNMENT ITEM it 20582
Upon motion by Councilwoman Creech, seconded by Councilwoman McClanan, City
j
Council voted to RECESS into Executive Session to discuss a personnel matter,
after which to ADJOURN.
Voting: 8-1
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,
Reba S. McClanan, Meyera E. Oberndorf
Council Members Voting Nay:
W. H. Kitchin, III
Council Members Abstaining:
J. Henry McCoy, Jr. , D.D.S.
Council Members Absent:
Robert G. Jones wiJ'
dean M. Keith
Deputy City Clerk
slif-d
„I
th Hodges "Smith, CMC Mayor Louis R. nes
City Clerk
City of Virginia Beach, Virginia September 6, 1983
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