JULY 11, 1983 MINUTESCity of Virgin -Zia F3eac1-1
"WORLD'S LARGEST RESORT CITY"
CITY COUNCIL
MAYOR LOUIS R. JONES, Bayside Borough
VICE -MAYOR BARBARA M. HENLEY, Pungo Borough
JOHN A. BA(IM, Blackwater Borough
NANCY A. CREECH. At Large
IIAROLD IIEISCIIOBER. At Large
H. JACK JENNINGS, JR., Lynnbaven Borough
ROBERT G. JONES, Al Large
H. KITCIIIN. III. Virginia Beach
REBA S. McCLANAN. Princess Anne Borough
J. HENRY McCOY, JR., Kernpsvitle Borough
MEYERA E. OIBERNDORF, At Large
RUTH HODGES SMITH, CMC, City Clerk
ITEM I
212 LITY HALL BUILDING
MUNICIPAL CENTER
VIRGINIA BEACH, VIRGINIA 23456
(804)427-4303
CITY COUNCIL AGENDA
July 11, 1983
Meeting: 11:00 a.m. - City Council, Planning Commission,
and representatives from the State
Department of Highways and Trans-
portation to discuss southeast toll
road corridor.
INFORMAL SESSION: 12:30 p.m.
A. CALL TO ORDER - Mayor Louis R. Jones
B. ROLL CALL OF COUNCIL
C. MOTION TO RECESS INTO INFORMAL/EXECUTIVE SESSION
D. PRESENTATION/DISCUSSION OF PERTINENT MATTERS
1. Matters for discussion by Mayor.
2. Matters for discussion by Council.
E. CITY MANAGER'S ADMINISTRATIVE ITEMS:
1. Proposed New Phasing Plan for North Beach Drainage Project:
Discussion.
3. Review of Consent Agenda.
ITEM II FORMAL SESSION: 2:00 p.m.
A. INVOCATION: Reverend Kenneth Hemphill, Ph.D.
First Baptist Church
B. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES
OF AMERICA.
C. ELECTRONIC ROLL CALL OF COUNCIL.
D. MINUTES OF PREVIOUS MEETING:
1. Motion to accept/approve the Minutes of July 5, 1983.
E. PRESENTATION
1. Proclamations
a. Day of Recognition of Virginia Beach's
First 100 Years of Tourism : July 17,1983.
b. Lotus Festival Week: July 24-30, 1983.
F. RESOLUTION
1. Resolution urging the State Corporation Commission
to DENY Virginia Electric and Power Company's rate
increase and requesting the City Attorney to intervene
in this matter on behalf of the Citizens of the City
of Virginia Beach and present this resolution to the
Commission on July 19, 1983.
G. 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 authorizing the City Manager to return
$82,100 in Emergency Public Beach Nourishment Funds
to the State of Virginia.
2. Ordinance to Amend and Reordain Chapter 2 of the Code
of the City of Virginia Beach, Virginia,by Amending
Sections 2-71, 2-81, 2-83, 2-84, 2-86, 2-101, 2-108,
2-111, 2-112, 2-114, 2-116 and Adding Sections 2-83.1,
2-83.2, 2-117, and 2-118 Pertaining to Personnel Policies.
(This item was deferred for two weeks on June 13, 1983
and an additional two weeks on June 27, 1983.)
3. Ordinance, on FIRST READING. to Amend and Reordain Section
35-50 of the Code of the City of Virgnia Beach pertaining
to Roll -Back Tax when use changes to nonqualifying use.
(This item had been deferred on June 6, -1983)
4. Ordinance to Amend and Reordain Chapter 6 of the Code of
of the City of Virginia Beach, Virginia, by Adding Section
6-28 pertaining to Fishing Rules.
5. Ordinance to Amend and Reordain Section 27-4 of the Code
of the City of Virginia Beach, Virginia pertaining to
Auxiliary Police.
II I
R
ITEM II G. CONSENT AGENDA (Cont'd)
6. Ordinance, on SECOND READING, to accept funds totaling
$51,511.00 from the Virginia Housing Development
Authority and to Appropriate these funds for the
Section 8 Existing Housing Program.
7. Ordinance, on SECOND READING, to increase the Staffing
of the Sheriff's Office.
8. Ordinance, on FIRST READING, to accept $2,575,000 from
the Department of Housing and Urban Development and
to appropriate these funds for certain projects and
purposes.
9. Ordinance to Transfer Funds of $250 from the General Fund
Reserve for Contingencies to the Police Department for
Reimbursement of Legal Expenses incurred by a Police
Officer in the performance of his duties.
10. Ordinance contracting to provide a Payment to the Southeastern
Public Service Authority of Virginia to Guarantee the
Payment of a part of certain obligations of the Authority.
(This ordinance pledges the full faith and credit of the
City of Virginia Beach, in the amount of $1,040,000, which
is the City's share of a $3,840,000 bond anticipation note
sale to be undertaken by the Authority in September or
October of this year.
11. Ordinance to establish an additional position in the FY84
Operating Budget of the Fire Department.
12. Ordinance appointing Viewers in the petition of Runnymede
Corporation for the closure of a portion of Cleveland
Street (Bayside Borough).
13. Low bid of Waco, Inc., in the amount of $26.994.00, for
the Virginia Beach Convention Center Asbestos Removal
Project; AND, authorize the City Manager to enter into
the necessary agreements for the implementation of this
project.
14. Low bid of Suburban Grading & Utilities, in the amount of
$6,441,647.56, for the General Booth Boulevard, Phase I
Project (CIP 2-306); AND, authorize the City Manager to
enter into the necessary agreements for the implementation
of this project.
15. Request of the City Treasurer for tax refunds in the amount
of $743.04.
H. PLANNING ITEMS
1. Application of Richard H. Curfman for a variance to Section
4.4(b) of the Subdivision Ordinance which requires that
lot dimensions conform to the Comprehensive Zoning Ordinance.
He wishes to subdivide a 2.55 -acre parcel into two lots,
one of which will be in a "flag lot" configuration. Parcel
2A will total 1.09 acres, while Parcel 2B will total 1.47
acres. A single-family residence currently exists on
Parcel 2B. The subject parcel is located at the western
extremity of Woodgrove Lane (Kempsville Borough).
a. Letter from the City Manager transmits the
recommendation of the Planning Commission
for approval.
ITEM II PLANNING ITEMS (Cont'd)
2. Application of Southland Corporation for a conditional use
permit for an automobile service station on a 25,256 -square
foot parcel located at the northwest corner of Holland Road
and Windsor Oaks Boulevard (Kempsville Borough).
a. Letter from the City Manager transmits the
recommendation of the Planning Commission
for approval.
3. Application of Mary C. Greene for a conditional use permit
for automobile tune-ups on a 37,026 -square foot parcel lo-
cated at the northwest intersection of Princess Anne Road and
Parliament Drive (Kempsville Borough)
a. Letter from the City Manager transmits the
recommendation of the Planning Commission
for approval.
4. Application of Edward W. Few, III for a conditional use permit
for an automotive repair shop on a two -acre parcel located
along the north side of Recreation Drive, west of Salem Road
(Kempsville Borough).
a. Letter from the City Manager transmits the
recommendation of the Planning Commission
for approval.
5. Applications of Creative Displays, Inc. for a conditional use
permit for one billboard on a 1.34 -acre parcel located at the
southeast intersection of Virginia Beach Boulevard and South
Kentucky Avenue (Kempsville Borough);
AND,
a conditional use permit for one billboard on a 1.3 -acre parcel
located at the northwest corner of Bonney Road and South Kentucky
Avenue (Kempsville Borough);
AND,
a conditional use permit for two 12 -foot x 25 -foot billboards
on an 18.215 -acre parcel located on the east side of Centerville
Turnpike, south of Kempsville Road (Kempsville Borough).
a. Letter from the City Manager transmits the
recommendation of the Planning Commission
to allow withdrawal of these requests.
6. Application of Chesapeake Investment Company, a Virginia General
Partnership for a change of zoning from A-1 Apartment District
to A-2 Apartment District on an 8.2 -acre parcel located along
the west side of College Park Boulevard, north of Chestnut Hill
Road (Kempsville Borough).
a. Letter from the City Manager transmits the
recommendation of the Planning Commission
for denial.
7. Application of Indian River Properties, a Virginia General
Partnership for a change of zoning from R-5 Residential
District to B-2 Community -Business District on a 2.5 -acre
parcel located at the southeast corner of Indian River Road
and Lynnhaven Parkway (Kempsville Borough).
a. Letter from the City Manager transmits the
recommendation of the Planning Commission
for denial.
II I
ITEM II I. UNFINISHED BUSINESS
1. Resolution Authorizing the City Attorney to Execute
Settlement Agreements and Covenants not to sue with
Certain Paving Contractors and Individuals.
J. NEW BUSINESS
1. Cavalier Properties/Hilltop, Ltd. (COZ from B-2 to A-2),
First Colonial Road, Lynnhaven Borough, Approved 12/20/82.
2. Resolution Authorizing the City Manager to Execute
an Agreement Pertaining to Railroad Grade Crossing
for Proposed Constitution Drive.
K. ADJOURNMENT
1. Motion to Adjourn
II I
BRI E F I N G
SOUTHEAST TOLL ROAD CORRIDOR
July 11, 1983
11:00 a.m.
City Manager Thomas Muehlenbeck introduced Councilman Robert Jones who
explained the activities of the Mayor's Adhoc Committee on Roads, Traffic
and Parking. Councilman Jones recognized members of said committee as follows:
Jim Fletcher (present)
Danny Michaels (present)
Bruce Thompson
Ranny Randolph
Dr. Henry McCoy (present)
Councilman Jones stated this study is very preliminary and that a traffic
study is a long-term matter, with a great deal of work remaining to be done.
The proposed $20 million facility would be approximately 14 miles in length
(running from the Chesapeake City line at 1-64 to Laskin Road).
Introduced by Councilman Jones was Jim Skeens, State Urban Engineer, who,
in turn, introduced Frank Dunn, Principal Planner for the Southeastern Area.
Mr. Dunn made the presentation: "Southeast Virginia Regional 2000 Highway
Needs Study"
In attendance were:
STATE HIGHWAY DEPARTMENT:
STAFF:
PLANNING COMMISSION
CITY COUNCIL:
Jim Skeens, Virginia State Urban Engineer
Frank Dunn, Southeast Area Planner
Delegate Julie Smith
Robert Scott, Director of Planning
Jack Whitney, Chief of Comprehensive Planning
Giles Dodd, Director of Finance
Harold Gallup, Economic Development
Albert W. Balko
Kenneth D. Barefoot
R. Dean Lee
Samuel Martinette
Nancy K. Parker
Hassel E. Perrell, Chairman
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.
Meyera E. Oberndorf
M I N UTE S
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
July 11, 1983
The Regular Meeting of the Council of the City of Virginia Beach, Virginia
was called to order by Mayor Louis R. Jones in the Conference Room, City
Hall Building, on Monday, July 11, 1983, at Twelve -Forty in the afternoon.
Council Members Present:
John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor
Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones,
W. H. Kitchin, III, Reba S. McClanan, J. Henry McCoy, Jr., D.D.S.,
and Meyera E. Oberndorf
Council Members Absent:
Robert G. Jones
*
J *Councilman Jones arrived at 12:50 p.m.
July 11, 1983
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ITEM # 20277
Mayor Jones eatertained a motion to permit Council to conduct its INFORMAL
SESSION to be followed by an EXECUTIVE SESSION pursuant to Section 2.1-344,
Code of Virginia, as amended, for the following purposes:
1. 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.
2. PUBLIC FUNDS INVESTMENT: The investing of public
funds where competition or bargaining is involved,
where if made public initially the financial interest
of the governmental unit would be adversely affected.
3. PUBLICLY HELD PROPERTY: Discussion or consideration of
the condition, acquisition or use of real property for
public purpose, or of the disposition of publicly held
property, or of plans for the future of an institution
which could affect the value of property owned or
desirable for ownership by such institution.
Upon motion by Councilwoman Creech, seconded by Vice Mayor Henley, Council
voted to proceed into the EXECUTIVE SESSION following the INFORMAL SESSION.
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
July 11, 1983
II I
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MAT T E R S BY THE MAYOR
HIGHWAY 17 COMPLETION ITEM # 20278
Mayor Jones stated the Chamber of Commerce will have a follow-up meeting
July 12, 1983 (10:00 a.m. in the office of the Chamber of Commerce) with
North Carolina representatives regarding the completion of Highway 17.
CITY FUNCTIONS ITEM # 20279
Mayor Jones expressed gratitude to Vice Mayor Henley and other Council members
for participation in a variety of events during the month of June as follows:
June 03 Virginia Beach Day at Waterside was attended by Councilman Robert
Jones and Councilwoman Meyera Oberndorf.
June 08 The Council of Garden Clubs Luncheon held at NAS-Oceana was attended
by Councilwoman Reba McClanan.
June 16 Vice Mayor Barbara Henley represented the Mayor by welcoming to
Virginia Beach the convention of the Virginia Section of the
Transportation Engineers. Later that evening, Vice Mayor Henley
welcomed the convention of the Mid -South Korassan Society, a Divi-
sion of the Knights of Pythias, held at the Ocean Island Motel.
June 17 Vice Mayor Barbara Henley represented the Mayor at the Sheraton
Inn and welcomed the American Postal Workers' Union Convention to
Virginia Beach.
June 23 The Tourist Bureau's Luncheon and Installation of Officers, held
at the Beach Hilton, was attended by Councilwoman Nancy Creech,
Councilman Harold Heischober, Councilman Jack Jennings, Councilman
Robert Jones, and Councilwoman Meyera Oberndorf.
Vice Mayor Barbara Henley represented the Mayor at the Governor's
presentation of the results of the Tidewater "We Have It Made In
Virginia" test campaign and an announcement of plans for a state-
wide program. This was held in Norfolk.
The Grand Opening of the Pavilion Towers was attended by Councilmen
Harold Heischober, Jack Jennings, Robert Jones and Henry McCoy,
and Councilwomen Nancy Creech and Meyera Oberndorf.
June 25 Councilwoman Meyera Oberndorf attended the presentation of the
Governor's Trophy in conjunction with the Boardwalk Art Show. This
event was sponsored by the Virginia Beach Arts Center.
June 29 Vice Mayor Barbara Henley attended the Eagle Scout Ceremony of
Kevin Quirk held at Saint Andrews United Methodist Church.
July 11, 1983
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MAT T E R S BY C O UNC I L
100 YEARS OF TOURISM ITEM # 20280
Vice Mayor Henley pointed out the fact that when the City had its Birthday
Celebration, several things were discovered that needed to be "highlighted",
among which was "100 Years of Tourism" (a Proclamation to that effect is
on the Formal Agenda this date).
REFUSE PICKUP - SCHOOLS ITEM # 20281
Councilman Jennings questioned the City Manager about receptacles at grammar
schools overflowing on the weekends and the advisability of having Saturday
pickups. A schedule of the pickup service will be provided by the City Manager.
RECREATIONAL :PROPERTY ITEM # 20282
Councilwoman Creech called to Council's attention the letter from Attorney
Grover Wright regarding recreational property on General Booth Boulevard, and
stated she would like to see this investigated. The City Manager will follow-
up on this matter with the Real Estate Department.
ROCK CHURCH ITEM # 20283
Councilman Baum made reference to an article which appeared in "The Beacon"
regarding Rock Church.
SOUTHEASTERN VIRGINIA FREEWAY ITEM # 20284
Councilman Robert Jones requested a Resolution to request further consideration
of the Southeastern Virginia Freeway concept (stemmed from the Briefing at
11:00 a.m. this date on "Southeastern Virginia Regional 2000 Highway Needs Study)
be discussed under "New Business" in the Formal Session this date.
Councilwoman Creech commented she thought it a good idea to "push forward on
road relief".
July 11, 1983
II I
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MATTERS BY CITY MANAGER
NORTH BEACH
DRAINAGE PROJECT ITEM # 20285
A presentation was made by City Engineer. Donald Trueblood regarding "Proposed
New Phasing Plan for North Beach Drainage Project". Reference was made to
an April 29, 1983 memorandum (hereby made a part of the record) to the City
Manager from C. Oral Lambert, Jr., Public Works Department. Discussion
followed. Councilmen Jennings and Baum suggested written comments from
interested civic leagues prior to August 1.
SPSA - BOND ANTICIPATION
NOTES ITEM # 20286
City Manager Muehlenbeck stated the City has been participating in the South-
eastern Public Service Authority (SPSA) program for several years and has a
$940,000 accumulated debt. SPSA is now ready to roll over these bonds again
for a two-year period which will increase the City's debt to $1,040,000.
The "upside" to this is that the City continue with funding this regional
project; the City would remain in the project as long as possible until the
City is able to derive the figures necessary to negotiate a contract. The
City still does not know what the tipping fee will be at this point. The
"downside" to the fact is that the City would be adding additional liability
to what has already been accumulated thus far.
Two meetings have been held with SPSA in an attempt to negotiate a contract
regarding the tipping fee.
Should the City decide to do nothing further with this program, then $940,000
would be payable immediately to pay the City's share of the debt accrued to
this point.
SPSA has a meeting this month at which time they will be asking all the cities
to continue to participate in the "refuse to fuel" project.
Discussion followed. (Note: This item is scheduled for the Formal Agenda
this date.)
July 11, 1983
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MATTERS
6-MATTERS BY CITY MANAGER (continued)
SETTLEMENT AGREEMENTS -
PAVING CONTRACTORS ITEM # 20287
The City Manager suggested Item I-1 (Resolution authorizing the City Manager
to execute sei:tlement agreements and covenants not to sue with certain paving
contractors and individuals) be considered prior to Item G-14 (low bid of
Suburban Grading & Utilities for the General Booth Boulevard, Phase I, Project).
PERSONNEL POLICIES ITEM # 20288
The City Manager called to Council's attention the removal of two words
("recognized or") from Personnel Policies (on page 19, Section 2-117, fourth
line) (Item G--2 of the Consent Agenda). Questioned by Council members were
policies on: Annual/Vacation Leave; Funeral Leave (immediate family); range
for cut-off of overtime.
JONATHAN E. FRANK
ENCROACHMENT REQUEST ITEM # 20289
To be added under "New Business" is an encroachment (into a portion of the
City right -of --way known as Lake Drive) requested by Jonathan E. Frank.
CENTRAL LIBRARY SITE ITEM # 20290
The City Manager called to the attention of Council the desirability/possibility
of constructing a left -turn lane (while Kirkwood Lane is under construction at
the Central Library site) at a cost of $4,687 plus $600 for engineering.
ROLL -BACK TAX ITEM # 20291
Councilman Baum requested Item G-3 regarding roll -back tax be discussed separately
during the Formal Session this date.
WACO, INC. ITEM # 20292
Councilman Baum questioned the low bid of Waco, Inc. on the asbestos removal
project (Virginia Beach Convention Center) (Item G-13 of the Consent Agenda).
FISHING ORDINANCE ITEM # 20293
Councilman Jennings requested the effective date of the fishing ordinance
(Item G-4 under the Consent Agenda) be delayed.
CHESAPEAKE INVESTMENT COMPANY ITEM # 20294
The City Manager called to Council's attention a letter request from Attorney
Leigh Ansell asking for deferral of the application of Chesapeake Investment
Company for a Change of Zoning (Item H-6 of Planning Items). Said letter is
hereby made a part of the record.
July 11, 1983
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RECESS INTO
EXECUTIVE SESSION ITEM # 20295
City Council recessed into EXECUTIVE SESSION at One Forty in the afternoon.
July 11, 1983
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FORMAL SESSION
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
July 11, 1983
2:24 p.m.
Council Members Present:
John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor
Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones,
Robert G. Jones, W. H. Kitchin, III, Reba S. McClanan, J. Henry
McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Absent:
None
INVOCATION: Reverend Kenneth Hemphill, Ph.D.
First Baptist Church
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
July 11, 1983
II I
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Item II -D.1
MINUTES ITEM # 20296
Upon motion by Councilman McCoy, seconded by Councilwoman Creech, City Council
APPROVED the Minutes of July 5, 1983, as CORRECTED:
Item # 20232 -- Delete "Three Oaks". The statement should
read: "Councilman Baum suggested that the
Rock Church property south of Indian River
Road be brought up under New Business."
Item # 20275 -- Delete "Three Oaks".
Item # 20274
Voting: 11-0
Council Members Voting Aye:
Regarding the Rezoning Reconsideration
of Gordon Oliver wherein two letters
were read by Councilman Jennings and
were made a part of the proceedings,
said letters (dated June 27, 1983 and
June 4, 1983, respectively) are hereby
deleted. It was brought to Council's
attention by Councilman Baum that only
actions of Council are to be recorded
in the Minutes.
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
July 11, 1983
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Mayor Jones recognized two young men from Boy Scout Troop 496 -- Mike Mackey
and Tom Benson (not present) -- who are working on a patch for Citizenship in
the Community.
Item II -E
PRESENTATION ITEM # 20297
Mayor Jones proclaimed July 17, 1983 as the "Day of Recognition of Virginia
Beach's First 100 Years of Tourism". This came about as a result of the vision
in 1880 of MARSHALL PARKS, II who was instrumental in bringing about what we
term the "tourist industry" of Virginia Beach (presently the largest source of
tax revenue which was in excess of $20 million in 1982).
Mayor Jones requested family members of Mr. Parks (listed below) come forth
to receive the Proclamation. Mr. Nick Wright, President of the Tourist Bureau,
was also present.
Mr. and Mrs. James E. Stephens
Captain and Mrs. John P. Tazewell
Lieutenant Colonel and Mrs. C. W. Tazewell
Mr. and Mrs. John P. Tazewell, Jr.
Mr. and Mrs. Norman C. Willcox
July 11, 1983
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Prurlttmtttintc
WHEREAS, on Juty 17, 1'883 the No46otk and Vag4nia
Beach Ra.itn.oad and Improvement Company e4tabttehed the
6ut4 t 4ait AenvLce 6n.om Non.6otk to the ocean6.tont; and
WHEREAS, Mat4hatt PankA 11 d.i4eeted a g*oup 06 bu4L-
neAA and ApottA pe4AonA in 1880 .in the contn.uetton o6 a
clubhou4e at the ocean64ont and 17th Street that tate*
evotved ,into the V.in.g.tn.ta Beach Hotel and MIA a teade*
to the 6o4mation o6 the No46olk and VaginLa Beach Ratt-
n.oad and Imp4ovement Company that e4tab i4hed the 6t.ft.et
4a�t 4e4v ce; and
WHEREAS, theee eventA he4atded the beginning o6 de-
velopment o6 the City aA a majo4 AeaALde 4eeon.t; and
WHEREAS, tou4i4m then developed aA a vital .tnduAt'y
in V.t4gLnia Beach and a 4ub4tantLal cont'cibuto4 to the
quati ty o6 t.16e to our City.
NOW, THEREFORE, 1, Lou.LA R. Jone6, Mayo* o6 the City
o6 V.i4gtnia Beach, do hereby p4octa.tm the day o6 Juty 11,
1983 a4
A DAY OF RECOGNITION OF VIRGINIA BEACH'S
FIRST 100 YEARS OF TOURISM
and urge ou4 cttczenA to Aatute the note that 'ait*oadA
have played ,in the economic and 4oc4al tt 6e o6 V.tng,inta
Beach; to n.ecognize the viAion, cou4age and entetp4.i4e
that Ma44hall Pa4k4 II cont4<buted to the devetopment
06 0144 City; and to acknowtedge the cont'u bution the
toukL6t £nduAtn.y ptay4 .in the wett-being o6 the City o6
V.ikgin,ia Beach.
LouiA R. JoneA
Mayon.
July 11, 1983
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Item II -E
PRESENTATION ITEM # 20298
Mayor Jones proclaimed July 24-30, 1983 as "Lotus Festival Week". The
Proclamation was presented to the following members of the Cape Henry
Women's Club:
Mrs. Betsy Doxey, President
Mrs. Lucrezia Reed
Mrs. Mary Peterson
July 11, 1983
II I
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Prnclttmtttinn
WHEREAS, THE Cape Nenky WomanA Club haA 4ucce444ully
AponAoked a LotuA FeAtival annually 604 the taAt 28 yeakA
with co-4pon4oJ4hip by the Vikginia Beach Vepaktment o4
Pakk4 and Reckeation 6o4 the Aixth yeak; and
WHEREAS, the pukpo.ae o‘ the be4tivat iA to inekea4e
awakeneAA o4 the beauty o4 the native Amekiean lotuA,
nelumbo lutea, and to encoukage its pke4e4vation, develop-
ment and extended planting; and
WHEREAS, CIA an example o4 thiA pkomotionat Mott, the
Cape Henley WomanA Ctub Aucceeded in having the Amekiean
totuA planted in OAaka, Japan, bon Expo '70, wheke the lotuA
continue to develop and entakge; and
WHEREAS, a natuke tkail haA been opened with tkeeA,
AhkubA, wildUlowekA, and 04,14 having been identi4ied
by MICA. Cecil Reed and mocked by the Pepaktment ob PakkA
and Reckeation Sok eaAy identi4ication.
NOW, THEREFORE, I, LouiA R. JoneA, Mayo* o4 the City
o4 Vikginia Beach do hekeby pkoctaim July 24-30, 1943, aA
LOTUS FESTIVAL WEEK
in Vikginia Beach and ukge all eitizen4 to take a Atkoll
thkough the natuke tkail and atAo attend the vakiouA 4unc-
tion4 planned duking thi. 4e&tive week.
Lou4A R. JoneA
Mayou
July 11, 1983
II I
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Item II -F
RESOLUTION ITEM # 20299
Upon motion by Councilwoman Oberndorf, seconded by Councilwoman McClanan,
City Council ADOPTED the Resolution urging the State Corporation Commission
to DENY Virginia Electric and Power Company's rate increase, and requested
the City Attorney intervene in this matter on behalf of the citizens of the
City of Virginia Beach and present this resolution to the Commission July 19,
1983.
Voting: 9-2
Council Members Voting Aye:
Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M. Henley,
H. Jack Jennings, Jr., Robert G. Jones, W. H. Kitchin, III,
Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., Meyera E. Oberndorf
Council Members Voting Nay:
John A. Baum and Mayor Louis R. Jones
Council Members Absent:
None
July 11, 1983
-13-
A meeting of the Council of the City of Virginia
Beach, Virginia, was held in the Council Chambers, in the
Administration Building, on the llth
day of
July
, 1983.
On motion by Councilwoman Oberndorf , and seconded
by Councilwoman McClanan , the following Resolution was adopted.
RESOLUTI O N
WHEREAS, the Virginia Electric and Power Company,
hereinafter "VEPCO" has applied to the State Corporation Commission
for a hearing for the purpose of furnishing evidence for a rate
increase in annual revenues of $175.2 million under Case No.
PUE830029; and
WHEREAS, the staff of the State Corporation Commission
has recommended that as a result of its investigation of VEPCO,
the Commission should deny the increase; and
WHEREAS, the citizens of Virginia Beach have expressed
their deep concern over VEPCO's application to members of City
Council; and
WHEREAS, the City Council of Virginia Beach feels that
the rate increase evidence submitted by VEPCO is not sufficient
to justify any rate increase:
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE
CITY OF VIRGINIA BEACH, VIRGINIA:
That the State Corporation Commission is hereby urged
to deny VEPCO a rate increase, Case No. PUE830029, based on its
rate increase evidence; and
BE IT FURTHER RESOLVED that the City Attorney is hereby
requested to intervene in this matter on behalf of the Citizens
so effected and to present this Resolution to the State Corporation
Commission on July 19, 1983.
J
July 11, 1983
I
II I
-14-
Item II -I
UNFINISHED BUSINESS ITEM 4/ 20300
Upon motion by Councilwoman Creech, seconded by Councilman Heischober, City
Council ADOPTED the Resolution authorizing the City Attorney to execute
settlement agreements and covenants not to sue with certain paving contractors
and individuals.
Voting: 9-2
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober, 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:
Vice Mayor Barbara M. Henley, Meyera E. Oberndorf
Council Members Absent:
None
*This item was moved forward on the Agenda per consensus of Council.
July 11, 1983
II I
-15-
A RESOLUTION AUTHORIZING THE CITY
ATTORNEY TO EXECUTE SETTLEMENT
AGREEMENTS AND COVENANTS NOT TO
SUE WITH CERTAIN PAVING CONTRACTORS
AND INDIVIDUALS.
WHEREAS, the City Attorney of the City of Virginia Beach
has actively pursued negotiations seeking recovery of certain damages against
certain companies and individuals; and
WHEREAS a certain contractor, his officers and employees have made
or have agreed to make settlement payments to the City of Virginia Beach,
Virginia.
THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
THAT the City Attorney, on behalf of the City of Virginia Beach,
be and hereby is authorized to enter into Settlement Agreements with the company
and individuals hereinafter identified with respect to settlement of claims
arising out of alleged violations of federal and state antitrust laws with
respect to collusive bids submitted to and contracts for work performed for
the City for asphalt and paving work, which settlement shall be in such amount
as previously communicated and on such other terms as the City Attorney may
approve, as evidenced by the City Attorney's execution of such Settlement
Agreements; and
BE IT FURTHER RESOLVED, that the company and individuals to which
this Resolution applies are:
1. Suburban Grading and Utilities, Inc.
Jerry T. Womack
BE IT FURTHER RESOLVED that the City Attorney be and hereby is
authorized to execute any Settlement Agreements, Covenants Not To Sue and
other documents necessary to effect such settlement.
JAR:kg
7/7/83
July 11, 1983
II I
-16-
Item II -G
CONSENT AGENDA ITEM # 20301
Upon motion by Councilwoman Creech, seconded by Councilman McCoy, City Council
APPROVED IN ONE MOTION, with the EXCEPTION of Items 3 and 10, and AMENDING
Item 2, the CONSENT AGENDA.
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
July 11, 1983
-17 -
Item II -G.1
CONSENT AGENDA ITEM # 20302
Upon motion by Councilwoman Creech, seconded by Councilman McCoy, City Council
ADOPTED the Resolution authorizing the City Manager to return $82,100 in
emergency pubLic beach nourishment funds to the State of Virginia.
Voting: 11-0
Council Membe:s 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
July 11, 1983
II I
-18-
A RESOLUTION AUTHORIZING THE CITY
MANAGER TO RETURN $82,100 IN
EMERGENCY PUBLIC BEACH NOURISHMENT
FUNDS TO THE STATE OF VIRGINIA
!S TO
DEP.ARTMENI
WHEREAS, there existed a severe erosion problem on
the public beaches of Virginia Beach during December 1982;
and
WHEREAS, the Virginia Beach Erosion Commission carried
out an emergency truckhaul of sand to nourish and protect our
resort beaches; and
WHEREAS, City staff requested and received from the
Governor of Virginia emergency funds for public beach nourish-
ment; and
WHEREAS, subsequent to the emergency truckhaul, the
public beaches of Virginia Beach accreted sand at an unusual
rate so that said beaches were in excellent condition before
completion of the annual spring truckhaul; and
WHEREAS, the Virginia Beach Erosion Commission and
the local Erosion Advisory Commission have recommended that
the emergency funds received from the Commonwealth be returned
so that they may be available for future emergencies.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE
CITY OF VIRGINIA BEACH, VIRGINIA, that the City Manager is
hereby authorized and directed to return funds of $82,100 to
the Governor's Emergency Fund of the Public Beach Commission;
and
BE IT FURTHER RESOLVED that the Council of the City
of Virginia Beach, Virginia, wishes to acknowledge the assist-
ance given by the Virginia Institute of Marine Science and
the Public Beach Advisor in this funding; and
BE IT FURTHER RESOLVED that the Council of the City
of Virginia Beach, Virginia, is returning these funds to the
Commonwealth in the spirit of fairness and equity and for the
general public good.
Adopted by the Council of the City of Virginia Beach,
Virginia, on llth day of July , 1983.
July 11, 1983
II I
-19-
Item II -G.2
CONSENT AGENDA ITEM 41 20303
Upon motion by Councilwoman Creech, seconded by Councilman McCoy, City Council
ADOPTED, AS AMENRED (page 19 of Section 2-117, fourth line, remove two words:
"recognized or"), the Ordinance to amend and reordain Chapter 2 of the Code
of the City of Virginia Beach, Virginia, by amending Sections 2-71, 2-81,
2-83, 2-84, 2-86, 2-101, 2-108, 2-111, 2-112, 2-114, 2-116 AND adding Sections
2-83.1, 2-83.2, 2-117, and 2-118 pertaining to Personnel Policies.
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
The City Attorney submitted a corrected page 19 which is hereby made a part
of the proceedings.
July 11, 1983
-20-
AN ORDINANCE TO AMEND AND REORDAIN
CHAPTER 2 OF THE CODE OF THE CITY OF
VIRGINIA BEACH, VIRGINIA, BY AMENDING
SECTIONS 2-71, 2-81, 2-83, 2-84, 2-86,
2-101, 2-108, 2-111, 2-112, 2-114, 2-116
AND ADDING SECTIONS 2-83.1, 2-83.2,
2-117, AND 2-118 PERTAINING TO PERSONNEL
POLICIES
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That Chapter 2, Sections 2-71, 2-81, 2-83, 2-84, 2-86,
2-101, 2-108, 2-111, 2-112, 2-114, and 2-116 are amended and
reordained and Sections 2-83.1, 2-83.2, 2-117, and 2-118 are
hereby added to the Code of the City of Virginia Beach, Virginia,
and hereby read as follows:
Section 2-71. Establishment, composition and function of
department of personnel.
(a) There is hereby created a department of personnel,
which shall consist of a director of personnel, who shall be the
head of the department, and such other officers and employees as
may be prescribed by the council or by orders of the city manager
or director consistent therewith.
(b) The department of personnel shall be responsible for
formulating recommendations to the City Manager for proposed the
€ermuiatiea-and-adm4m4strati.ea-e€-the personnel policies and
procedures. a€-the-eity.
(c) No formal personnel policy or procedure shall be
effective until approved by the City Manager. All proposed
policies shall be subject to approval as to legal form by the
City Attorney.
(d) The personnel department shall be responsible for daily
administration and application of city personnel policies and
procedures.
Section 2-81. Mandatory retirement age.
ode-pel lee-e€€eer-er-€ire€fighter-ehall-lie-empleyed-ley-the
ei.ty-a€ter-the-eael-e€-the-meaty-is-yah+eh-he-etta as-aefe
July 11, 1983
11 I
-21-
ixty-€lve-+65}- Unless otherwise provided by state or federal
statute, no ether employee of the city, other than appointees of
the city council, duly-astherlaed;-ef-the-elty shall be employed
fell -tome after the end of the month in which he or she attains
age seventy (70).
Section 2-83. Holidays.
(a) The following eight (8) hour days are hereby designated
as full -paid "holidays" and shall be so observed by the city.
All permanent and probational merit employees shall be covered by
the provisions of this section. ;-with-the-exeept}ea-e€-the
flexible-perseaal-helldap-whleh-shall-be-admlalstered-la
aeeerdaaee-with-the-eltyls-€lexlble-helldap-pellep-
(1) The first day of January (New Year's Day).
(2) The third Monday in February (George Washington's
Day).
(3) The last Monday of May (Memorial Day).
(4) The fourth day of July (Independence Day).
(5) The first Monday of September (Labor Day).
(6) The eleventh day of November (Veterans Day).
(7) The fourth Thursday of November (Thanksgiving
Day).
(8) The twenty-fifth day of December (Christmas Day).
(9) One-half of a regular workday on the twenty-fourth
day of December (Christmas Eve), except when
Christmas Eve falls on a Friday, Saturday or
Sunday.
(10) A flexible personal holiday (to be taken as a
personal, national, religious or other holiday the
city does not observe). :-la-aeeerdaaee-with-the
flexible-hellday-pelleey Part-time and temporary
employees shall not be eligible for this holiday.
When any holiday enumerated in (1) through (8) above falls on a
Saturday, the Friday next preceding such day shall be a holiday.
When any holiday enumerated in (1) through (8) above falls on a
Sunday, the Monday next following such day shall be a holiday.
July 11, 1983
-22-
(b) In addition to the holidays prescribed in subsection
(a) above, any other day so declared by the mayor shall be a
holiday.
(c) Part-time employees shall receive time off with pay for
the proportionate part of the day which would have normally been
worked.
(d) Employees who have been in a nonpay status for more
than fourteen (14) days prior to any holiday shall not be
eligible for compensation for holidays (1) through (9) listed in
paragraph (a) above. In addition to the above holidays,
employees with ten (10) years or more tenure shall receive a day
off during the pay period of their birthday as a paid holiday.
This day cannot be accrued as annual leave. Any employee not
taking the birthday holiday shall not be eligible for overtime
pay or compensatory time for not doing so.
Section 2-83.1 Court leave.
All employees of the City of Virginia Beach shall be
eligible to receive paid court leave when summoned to serve as
witnesses or jurors in nonpersonal litigation. Any fees received
by such persons for service as witnesses or jurors shall be paid
to the city, or an equal amount shall be deducted from the
employee's pay.
Section 2-83.2 Funeral leave.
All full-time permanent merit employees shall be
eligible to receive leave with pay upon the death of a member of
such employee's immediate family, such leave shall not exceed
five (5) working days.
Section 2-84. Annual leave - Schedule of earning.
Except employees of the school board, all full-time and
part-time employees (excluding temporary employees) of the city
who have actually worked for six (6) calendar months (or the
July 11, 1983
-3-
II I
-23-
hourly equivalent for part-time employees) shall earn annual
leave as follows:
(1) All full-time employees or appointees, excluding
firefighters, working thirty-five (35) or more hours
per work week shall be credited with forty-eight (48)
hours of annual leave after a period of six (6)
calendar months, and thereafter with:
(a) Eight (8) hours per month for each month of
employment for employees having accrued the
equivalent of less than five (5) years of
full-time employment.
(b) Ten (10) hours per month for each month of
employment for employees having accrued the
equivalent of five (5) or more years, but less
than ten (10) years, of full-time employment.
(c) Twelve (12) hours per month for each month of
employment for employees having accrued the
equivalent of mere -than ten (10) or more years,
but less than fifteen (15) years, of full-time
employment.
(d) Fourteen (14) hours per month for each month of
employment for employees having accrued the
equivalent of mere -than fifteen (15) or more
years, but less than twenty (20) years, of
full-time employment.
(e) Sixteen (16) hours per month for each month of
employment for employees having accrued the heur+y
equivalent of twenty (20) or more years of
full-time employment.
(2) The hours of annual leave earned for each hour worked
by firefighters shall be computed by multiplying the
number of hours worked by the following:
-4-
July 11, 1983
II I
(3)
-24-
(a) .046 for employees having accrued the equivalent
of less than five (5) years of full-time
employment.
(b) .058 for employees having accrued the equivalent
of five (5) or more years, but less than ten (10)
years, of full-time employment.
.069 for employees having accrued the equivalent
of ten (10) or more years, but less than fifteen
(15) years, of full-time employment.
(d) .081 for employees having accrued the equivalent
of fifteen (15) or
twenty (20) years,
(e) .092 for employees
(c)
more years,
but less than
of full-time employment.
having accrued the equivalent
of twenty (20)
employment.
Part-time employees
number of hours per
years or more of full-time
and/or employees working a varied
week shall be credited with annual
leave on a basis proportionate to that awarded
full-time employees as set forth in subsection (1)
above.
{2}--All-part-time-empleyees-fexeludinq-temgerary-emgleyees}
er-aggeintees-aetually-werkinq--ene-f}}-hear-but-less
than-ten-f100-hears-ger-week-shall-15e-eredited-wth-sx
f6}-hears-ef-annual-leave-after-aeeruinq-hews-ef
part-time-emglepment-equal-te-am-4-6}-menths-ef
€tell-time-emgleyment;-and-thereafter-annual-leave-shall
be-earned-by-sueh-part-time-emgleyees-at-the-fellewinq
rater
fa}--ene-f4}-hear-e4-annual-leave-fer-eaeh-mental-ef
emgleyment-fer-employees-hainq-aeerued-the-heurly
equvalent-ef-less-than-five-f5}-years-ef
full-time-empleyment-
{b}--ene-and-ene-feurth-f}-}f4}-heure-per-mental-ef
-5-
July 11, 1983
-25-
empleyment-fer-empleyees-having-aeerued-the-heaarly
equ valent-ef-five-f5}-er-mere-years;-bast-less
tlran-ten-f}8}-pears; -ef-fa ll-time-empleyment-
fe}--ene-anel-ene-half-f}-4f9}-hea rs-per-menth-ef
empleyment-fer-empleyees-having-aeerueri-the-eurly
eqtalvalent-ef-ten-f+9}-er-mere-pears; -but-less
than -fifteen -fly} -pears; -ef-fall-t me-empleyment-
fe1}--8ne-ane -three-€eaarths-f4-3f4}-bears-per-menth-ef
empleyment-fer-emplepeea-having-aeeruee-the-hearty
equivalent-of-flfteen-(45}-er-mere-pears; -bast-less
than -twenty -f29} -pears; -ef-€rill-tme-empleyaent-
*e*--Twe-f 2}-hears-per-menth-a€-empleyment-fer
empleyees-having-aeertaee-the-heaarly-egulvalent-ef
twenty-f29}-pears-er-mere-of-fall-tme
eapleyment-
-F3}--Rll-part-tme-e aplepees-femeltre4mq-temperary-empleyees}
er-appelntees--actually-wer'ting-at-least-ten-fl9}-brat
less-than-twenty-f39}-11.ears-per-wee}-shall-be-eree4tee
wlth-twelve-(42}-heaars-a€-annaal-leave-after-aeertaing
hears-e-part-time-empleyment-equaf-to-44x-f6}-menthe
of -fa ll-flue-empleyment; -ane-therea€ter-annual-leave
shall-be-earnee-by-staeh-emplepeea-at-the-fellewlne}
rate-
fa}--Twe-f2}-heaars-per-menth-a€-empleyment-€er
emplepeea-having-aeerder-the-heurly-equivalent-ef
leas -than -f lve-f5}-years-ef -f rail-tlaaae-empleyment-
f 15}--Twe-ane-ene-half-f4-4f2}-hears-per-menth-ef
empleyment-€er-empieyeea-havinet-aeerdee -the-hes rty
equivalent -e f -f lve-f 5}-er-mere-years; -brat-less
than -ten -f49} -years; -ef-Rall-Haase-empleyment-
f e}--Three-f3}-Nedra-per-menth-a€-empleyment-fer
empleyeea-havina-aeertae4-the-hea3rly-equivalent-ef
ten-fl9}-er-mere-years;-brit-less-than-fl€teen-f45}
pears; -ef-fa ll-time-empleyment-
-6-
July 11, 1983
II I
-26-
fd}--Three-and-ene-half-f3-4f2}-hears-per-menth-ef
empleyment-fer-emplepees-havinet-aeerued-the-heurly
equ italent-et-fifteen- f45}-er-mere-pears; -bttt-less
than-twenty-f28}-pears;-ef-full-time-empleyment7
f e}--Fear-f 4}-hears-per-menth-ef-empleyment-ter
emplepees-havnet-aeerued-the-heurly-egtilvalent-ef
twenty-f28}-pears-er-mere-e€-fall-tete-empleyment7
f 4}--All-part-time-emplepees-femeltel+net-emperary-empleyees}
er-appelntee-aetually-werkinef-at-least-twenty
f26}-heure -but-less-than-thirty-f38}-hears;-per-week
51tall-15e-ereeilted-wth-twenty-fear-4}-hears-a-annual
leave-after-a-perled-ef-aeertted-hears-ef-part-time
empleyment-edal-to-9ix-f6}-Tenth-ef-fall-time
emplepment;-and-thereafter-annual-leave-shall-be-earned
bp-stieh-emplepees-at-the-fellew4net-rate-
fe}--Fear-f4}-hears-per-menth-€er-eaeh-menth-ef
empleyment-fer-empleyees-having-aeertted-the-hetrly
equ valent-e-less-than-fve-f5}-pears-ef
(tail-time-empleyment-
f b}--Fve-f5}-hears-per-menth-ef-empleyment-fer
emplepees-having-aeerued-the-har dy-equ valent-ef
f4ve-f5}-er-mare-pears;-15th-less-than-ten-fl8}
pears;-ef-full-time-empleyment-
f}--Slit-f 6}-hears-per-Tenth-ef-empleyment-fer
empleyees-having-aeert ed-the-hardy-eefttivalent-ef
ten-f48}-er-Mere-pears;-btt-le9s-than-fl€teen-f45}
pears;-a€-€ull-tme-empleyment-
fd}--Seven- f 7}-hears-per-menth-ef-empleyment-er
empleyees-havinet-aeertted-the-hardy-equivalent-ef
flfteen-fl5}-er-mere-pears;-19th-le9s-than-twenty
f28}-years:-ef-full-time-empleyment7
f e}--Eiht- f 8}-hears-per-menth-ef-etpleyment-fer
empleyees-having-aeerued-the-hettrly-eetuvalent-ef
-7-
July 11, 1983
II I
-27-
twenty-f28}-pears-er-mere-of-Euli-time
empieyment-
{5}--AII-part-time-empfepees-fexefsdfner-temperarp-emplepees}
er-appefntees-aetuaiIy-werk mq-at-least-thirty-f38}-hears
but -less -than -thirty -five -f35} -harms; -per -week
shah-be-ereelit.ed-w4th-thirty-six-4-36}-hears-ef-annus+
}eaee-a€ter-aeersfng-hears-ef-part-time-empleyment
eefrral-te-six-f6}-menths-e€-€eIl-tme-empieyment; -ane
thereafter-annraf-leave-shall-be-earned-by-sueh
empiepee-at-the-€eflewfnef-rate-
fa}--Six-f6}-bears-per-menth-fer-eaeh-menth-e€
empleyment-€er-empleyees-having-aeeraeel-the-heady
equivalent-e€-less-than-five-f5}-pears-ef
foil-time-empleyment-
{13}--Seven-anel-ene-hal€-f4-1712}-1=rears-per-menth-ef
empieyment-fer-emplepees-having-aeerue4-the-heuriy
equvalent-e€-five-f5}-er-mere-pear9;-13ut-less
than-ten-f48}-years;-a€-frA l-time-emplepment-
{e}--Nine-f 9}-hears-}ger-menth-a€-empfeyment-€er
emplepees-havfnet-aeerued-the-heurIy-eerd irafent-e€
ten-f}9}-er-mere-pears--but-fes9-than-f4fteen-f}5}
pears;-e€-fsif-time-empleyment7
{d}---en-ane}-ene-half-f44-4f2}-1=teers-per-menth-ef
employment-er-emflfepees-havfnef-aeerued-the-heady
equvafent-a€-f€teen-f45}-er-mere-pears:-13ut-fess
than-twenty-f?8}-pears;-ef-full-time-empieyment7
{e}--Twelve-f42}-hews-per-menth-a€-emplepment-ler
empfepees-havfnet-aeerued-the-hourly-ecru}yafent-ef
twenty-f28}-pear5-er-mere-e€-full-time-empleyment7
{6}--The-hours-a€-annual-leave-earned-far-eaeh-hear-worked
bp-€ire€fighters-caff-be-eemputed-by-must}piyinff-the
nur ber-ef-hours-worked-p-the-€eflew}nor
fa}--7946-€er-employees-hav}ng-aeerued-the-hourly
-8-
July 11, 1983
II I
-28-
sofa€valent-e€-less-than-€€ve-f5}-pears-e€
€tril-tme-empl.epment7
f15}--7958-€er-employees-hav}ng-aeerued-the-hourly
equine€ent-ef-five- f5}-er-mere-pears; -brit-less
than-tern-f4a}-pears;-e€-€till-t€me-emplepment7
f e}---969-€er-empiepee-hat€ng-aeertted-the-hourly
eouivalent-e€-ten-f+9}-er-mere-pears;-but-less
than-€€€teen-f+5}-pears;-a€-€uil-t€me-emplepment7
fd}--7a84-€er-empiepees-hav€ng-aeerued-the-hourly
equ4valent-e€-€€€teem-f45}-er-mere-pears--15rit-less
than-twenty-f24}-pears;-a€-€til+-tme-empleyment7
-Fe}--7992-€er-empiepees-hav€rig-aeertied-the4retirlp
egeivalent-e-twenty-f29}-pears-er-mere-e€
€til+-t€me-emplepment-
{d}--timepart-t€me-empiepees-fexeiu44nef-temperarp-emp}epees}
ereapps€ntees-aetdaiip-work net-a-varied-numSer-e€-burrs
per-week-shall-be-ores}€teed-w€theannuai-leave-based-en
the-otal-number-e€-boors-wer#ed-€n-two-fes'}-eenseedt€ve
sem€-montly-pap-per€eels-eaeh-menth-wheh-4s-averages}
aeeerd€ng-teethe-€eilew€notesehedtiied-rates.---A€ter
aeeruirm-hours-e€-part-t}me-employment-teethe-hourly
equina€ent-ef-s€x-f6}-months-e€-€till-tme-empiepment;
brit-less-than-the-herirlp-egt4valent-e-five-f 5} -years
e€-full-t€me-emp1eymentr
fa}--Part-time-employees-who-aetuallpewer#eel-one-++}
hear-btttefts-mere-than-t1=1€rtp-n}ne-f39}-hears-n
the-two-f2}-een'eedtive-9eed- tenthly-gap-peeieels
eenta€nod-n-one-(4}-eaendar-month-shall-earn-one
(4}-herir-o€-annual-leave-fereeaeh-month-e€
empiepment-
f b}--Part-tme-empleyees-whe-aetua44y-werked-€erty-+49}
boors-britefts-mere-than-seventy-n€ne-f49}-hears-}n
the-twe-f2}-eenseerrt€treesem€-menthip-pap-per€o4s
-9-
July 11, 1983
II I
-29-
eentained-ln-a-ealendar-month-shall-earn-tae-f2}
hours-of-annual-leave-€er-eaen-month-ef
employment:
{e}--Part-time-employees-ane-aeteally-aerked-eighty
f89}-hours-but-ne-mere-than-ene-hundred-nineteen
f444}-hour5-in-the-tae-f3}-eonseeutve
semi-monthly-pay-periods-eontained-in-a-ealendar
menti -shall -earn -tour -f4} -hours -e€ -annual -leave
for -each -month -of -employment:
fd}--Part-time-employees-ane-aetually-worked-one
hundred-twenty-f429}-hours-but-ne-mere-than-ene
hundred-th4rty-nne-f433}-heure-in-the-tae-fa}
eenseeutive-sem-menth4p-pap-perio4s-eentalned-in
a-ealendar-month-sha44-earn-six-f6}-hours-e€
annual-leave-ter-eaeh-month-oE-employment-
{a}--All-part-time-employees-fexeludine-temporary-employees}
er-appointees-eetually-working-a-yer4e4-number-e€-hours
per -week -sha44-be-eredited-aitn-annual-leave-based-on
the-total-number-oE-hours-aerked-in-tae-f2}-eonseeutive
sem4-menth4p-pap-periods-averag4ng-eaeh-month-aeeer(4nq
to-the-telloaing-seheduled-rates.--Atter-eeeruinq-hours
e€-part-time-employment-to-the-hourly-egu}valent-of
t.ire-f5}-pears-e€-tall-time-employment;-but-less-than
the-nearly-eeevalent-oE-ten-f49}-pears-oE-toll-tme
employment-
fa}--Part-time-employees-ae-aetually-worked-ene-f4}
hour-15ut-ne-mere-than-thirty-nine-f34}-hours-in
tae-tae-f2}-eenseeutive-semi-monthly-pay-perods
eentained-in-one-f4}-ealendar-menta-snail-earn-ene
and-ene-teurth-f4-47/4}-hours-e-annral-leave-€er
eaeh-menta-a€-employment-
{10}--Part-tme-employees-ane-aetually-aerked-€arty-f49}
hours-but-ne-mere-than-seventy-nine-f44}-hears-in
-10-
July 11, 1983
-30-
the-two-f2}-eenseeutive-sem-monthly-pap-pereds
eentalned-411-a-ealendar-mont-shall-earn-two-and
ene-half--712-4713}-bear5-e-annual-leave-fer-eaeh
month-ef-empleyment-
{e}--Part-time-emplepees-who-aetuallp-worked-elelhty
las}-hours-but-ne-mere-than-ene-hundred-nineteen
+449}-hours-ln-the-two-712}-eonseeutve
semi-monthly-pay-perieds-eentaned-11-a-ealender
month-shall-earn-five-715}-hours-ef-annual-leave
far-eaeh-month-ef-empleyment-
{d}--Part-time-employees-who-aetualiy-worked-ene
hundred-twenty-71138}-hours-13ut-ne-mere-than-ene
hundred-thirty-n4ne-0139}-hears-ln-the-two-712}
eenseeutive-semi-monthly-pay-perleds-eentalned-n
a-ealendar-month-shall-earn-seven-and-ene-half-714
4712}-hours-ef-annual-leave-fer-eaeh-month-of
e+pleyment-
{9}--All-part-tme-employees-fexeludlnel-temporary-employees}
er-appointees-aetually-werktift-a-varied-number-ef-hours
per-weele-shall-be-eredlted-with-annual-leave-based-en
the-total-number-ef-hears-worked-in-two-+2}-eenseeut}ve
semi-monthly-pay-perled-averapfnft-eaeh-month-aeeerdinp
te-the-fellewlnet-seheduled-rates.---miter-aeeru}ng-hears
e€-part-time-employment-te-the-hourly-eelulvalent-ef-ten
{l6}-years-ef-full-time-employment;-but-less
than-the-hourly-eelulvalent-ef-fifteen-f}5}-year9-ef
full-time-empleymentr
{a}--Part-tirme-employees-who-aetually-wer#ed-ene-f}}
hear-but-ne-mere-than-thirty-nine-7139}-hears-ln
the-two-712}-eenseeutive-sem4-monthly-pay-per4ods
eentalned-n-ene-(4}-ealendar-month-shall-earn-ene
and-ene-half-fl-1 f 2}-hours-ef-annual--leave-fer
eaeh-month-a€-emple*ment7
-11-
July 11, 1983
-31-
t i---Part-time-employees-who-aetuellp-wer#ed-€ertp-f49}
bears-1,at-ne-mare-than-seventy-afore-f7-9}-hours-fn
the-two-t3}-eenseeut4ve-sem4-monthly-pay-per4ods
eentafne4-fr1-a-eafeniar-month-sluff-earn-three-f 3}
hours-ef-annual-leave-€er-eaeh-month-ef
empleyment-
f e}--Part-time-employees-who-aeteallp-worked-e4Otp
fere}-hours-but-ne-mere-than-one-hundred-nneteen
f++9}-hours-fn-the-two-f2}-eenseeutfve
semi-monthly-gap-periods-eentafned-fn-a-ealendar
month-sluff-earn-six-i-6}-hears-e€-annual-leave-fer
eaeh-menth-ef-employment-
+6)--Part-time-employees-who-aetually-worked-one
hundred-twenty-tl2e}-hears41ut-ne-mere-than-one
hundred-thrty-nine-t139}-hears-fn-the-two-t3}
eonseeut4ve-ser4-monthly-pay-per4o4s-eentane4-411
a-ealendar-month-shall-earn-ten-anel-one-half-fle
47122}-hours-e-annual-leave-€er-eaeh-month-of
emplepment-
f }8}--All-part-ime-employees-texeludfnet-temporary-employees}
er-appointees-aetdaliy-werkirm -a-aried-number-e€-hours
per -week -shall-be-eredited-with-annual-leave-Horsed-en
the-total-number-e€-hears-wer#ed-fn-two-t2}-eenseeutfve
semi-montly-pap-gerfeds-averaefnef-eaeh-month-aeeerdfnq
te-the-following-seheduled-rates.--After-aeerune-hours
ef-part-time-employment-te-the-hourly-fold}valent-ef
fifteen-f}5}-pears-ef-full-tme-employment;-but-less
than-the-heady-ee{ufvalen-e€-twenty-tie}-years-ef
full-time-empleymentr
+e}--Part-time-employees-who-aetually-worked-one-fl}
hear-Hut-ne-mare-than-t1,4rty-nine-t39}-hears-fn
the-two-712}-eeneeutfve-sem4-monthly-pay-per4ods
eentafned-fn-one-f}}-ealendar-month-shall-earn-one
July 11, 1983
-12-
II I
-32-
anel-three-feurths-f4-3f4}-hears-ef-annual--leave
fer-eaeh-menti-et-empleyment-
{19}--Part-time-emplepees-whe-aetuaily-werkeel-ferty-f46}
hears-Hut-ne-mere-than-seventy-nine-f44}-hears-n
the-twe-f3}-eenseeutive-sem+-menthly-pap-pedesis
eentalneel-in-a-ealenelar-menti-shall-earn-three-ane
ene-half-f3-47/3}-11ear9-e-annual-leave-fer-eaeh
meni-0E-empleyment-
{e}--Part-time-emgleyees-whe-aetually-werked-eghtp
f8.8}-hears-but-ne-mere-than-ene-hunelre4-nineteen
{}49}-11.eirs-ln-the-twe-i-2}-eenseeutlee
semi-menthly-pap-per4e4a-eentafrted-fn-a-eafenelar
menti-shall-earn-seven-f4}-hears-ef-anneei-leave
fer-eaeh-menti-ef-emplepment-
fel}--Part-time-empleyees-whe-aetually-werked-ene
hunelred-twenty-f+24}-hears-Hut-ne-mere-than-ene
hunelreel-thirty-nine-{}39}-11ears-ln-the-twe-f2}
eenseeutve-semi-menthly-pap-perfers-eentalneel-4n
a-ealenelar-menti-shall--earn-ten-ane}-ene-half- f 1.9
4712}-hears-ef-annual--leave-fer-eaeh-menti-ef
employment-
{1.4}--A14-part-t4me-empleyees-femelueling-temperary-empl:eyees}
er-appelntees-aetually-werkinl-a-varied-number-e€-hears
per-week-shall-be-ere4�rte4-with-annual-leave-15aseel-en
the-teta1-number-ef-hears-werkeel-In-twe-712}-eenseeut4ve
sem4-menthly-gay-perleels-averanq-eaeh-mentli-aeeer44nq
te-the-fellewing-eheeule-rates.---After-aeerune-hears
ef-part-time-empleyment-te-the-heurly-equivalent-ef
twenty-f9}-er-mere-years-ef-€all-time-empleyment-
{a}--Part-time-emplepee5-whe-aetually-werkeel-ene-714}
hear-but-ne-mere-than-thirty-nne-7139}-hear9-n
the-twe-712}-eenseeutive-sem4-menthly-pay-perleels
eentalneel-ln-ene-714}-ealenelar-menti-shall-earn-twe
-13-
July 11, 1983
II I
-33-
f2}-hears-e€-annual-}eave-€er-eaeh-menth-e€
empleyment-
{b}--Part-t€me-empieyees-whe-aetaa+lp-werked-€arty-f49}
hear-15ut-ne-mere-than-seventy-nine-f49}-hear9-in
the-twe-f2}-eenseetrt ve-sem}-menthip-gap-per4eds
eentained-in-a-eaien4ar-menth-shall-earn-€etre-f4}
hears-a€-annual-}eave-er-eaeh-menth-e€
emp3oyment-
{e}--Part-t.ime-empiepees-whe-aetualIy-werked-eighty
f S9}-heurs-Sut-ne-mere-than-ene-hundred-n4neteen
f+1•9}-hears-in-the-twe-f a}-eenseeat4ve
semi-menthiy-gay-pert•ads-eenta nee?-l-n-a-ealendar
menth-shaII-earn-eight-f8}-hears-a€-annual-leave
€e-eaeh-menth-a€-empieyment:
+4)--Part-t€me-employees-whe-aetaa€ly-worked-ene
hundred -twenty -f l- 6}-hears-13et-ne-mere-than-ene
hundred-th€rty-nine-f449}-hears-gin-the-two-f2}
eenseeut re-semi-menthIy-pap-per ads-eenta nod -gin
e-ealendar-month-hah-earn-twelve-f1-2}-hears-e€
anndai-leave-€er-eaeh-month-e€-empl_eyment7
(4) Records shall be kept within each department of the
annual leave accumulated and taken by each employee within such
department; and at the end of each calendar month, a leave report
shall be submitted to the department of personnel.
(5) Under no circumstances shall annual leave be granted
in advance of its accrual or paid in lump sum except upon
termination of employment.
(6) When an employee is in a nonpay status for portions of
a calendar month, then annual leave accrual for such month shall
be reduced accordingly by the director of personnel to reflect
the employee's nonpay status.
Seat en-2-86---Same---Grant-and-seheduling;-reeerds-and-reperts-
fa}--The-sehe4al-e-e€-earninet-a€-annual-leave-€er
-14-
July 11, 1983
-34-
+nd+edaals-empleped-€er-pert+ens-a€-a-ealendar-menth-er-when-}n
e-nenpap-stetes-and-the-preeedares-€er-brant€nq;-sehednlinq-and
reeerd}nq-annsal-leave-€er-beth-€all-t}me-and-part-tome-emplepees
shall-be-adhered-te-ln-aeeerdaaee-with-the-eltp-annual-leave
pellep-and-preeedare-
tb}--Annual-leave-ander-this-div€sten-shall-be-granted-bp
the-head-e€-eaeh-department;-whe-shall-prepare-ft-sehedsle-e€
annual-leave;-the-wishes-e€-te-individual-as-te-date-belnq
eensldered:--Saeh-leave-shall -be-taken-when;-in-the-epinlen-e€
the-head-e€-the-department;-it-inter€era-}east-with-the
eperatlen-e€-the-bsslness-e€-that-4epartment-
te}--Under-ne-a€reamstanees-shall-annual-leaee-be-granted-ln
advanee-e€-its-aeersal-
fd}--The-head-e€-eaeh-department-shall-maintain-a-reeerd-e€
the-annual-leave-aeeamalated-and-annual-leave-taken-bp-eaeh
em.plepee-within-his-department-and;-at-the-end-e€-eaeh-ealendar
menth;-shall-sabmlt-a-repent-te-the-department-a€-persennel
lndleat}nq-the-eave-aeeamalated-and-leaee-taken-darinq-the
eaIender-mentli
Section 2-101. Definitions.
For the purposes of this division, unless otherwise
indicated, the following terms shall have the meanings
respectively ascribed to them in this section:
Class: A grouping of jobs having similar duties and
responsibilities, requiring similar knowledges, skills and
abilities and demanding similar qualifications so that the jobs
may be appropriately titled and described, and the employees
performing such jobs may be equally compensated.
Full-time employee: A full-time employee shall be defined
as a city employee who is scheduled to actually work thirty-five
(35) hours or more per consecutive work week.
July 11, 1983
-15-
-35 -
Part -time employee: A part-time employee shall be defined
as a city employee who is scheduled to actually work less than
thirty-five (35) hours per consecutive work week.
Permanent employee: A permanent employee shall be defined
as a city employee who is employed in a position for an
indefinite time period and who has completed the required
probationary period as provided in section 2-108.
Probational employee: A probational employee shall be
defined as a city employee who is employed in a position for an
indefinite time period and who has not as yet completed the
required probationary period as provided in section 2-108.
Range: The minimum through metwimum-aid career salary levels
assigned to a class.
Temporary employee: A temporary employee shall be defined
as a city employee who is employed in a position in which the
length of employment is fixed.
Section 2-108. Probationary period of employment.
The probationary period for employees (except for sworn
police and fire) shall be the initial six (6) calendar months (or
the hourly equivalent thereof for part-time employees) of
employment following an original employment or reemployment and
terminating on the employee's anniversary date. The probationary
period for sworn police and fire personnel shall he twelve (12)
calendar months of employment following an original employment or
reemployment and terminating on the employee's anniversary date.
Any salary change which may occur upon completion of the
probationary period shall not become effective until the first
day of the pay period following such completion.
Section 2-111. Demotion.
A demotion shall be a reduction in the pay range of an
employee in conjunction with a change in job duties and
responsibilities. When an employee is reduced to a lower pay
range, the -step- s-redueed-te-a-Rwer-pap-range; the step within
the new pay range shall be determined by the director of
-16-
July 11, 1983
-36 -
personnel. If the demotion is of a voluntary nature, made at the
request of the employee, then the anniversary date of eligibility
for variable merit increases shall not be adjusted, unless the
demotion involves assignment to a different department, division
or bureau; or assignment to a career step; in which case, the
appropriate anniversary date shall be determined by the director
of personnel.
Section 2-112. Reclassification.
(a) A reclassification shall be a reassignment of the
appropriate job title, pay range and step to an employee whose
job responsibilities have evolved to a degree that the present
job classification does not accurately reflect the actual duties
performed. When such position cannot accurately be described or
compensated by assignment to an existing class, the director of
personnel shall establish a new class with appropriate range and
title, subject to the approval of the city manager. The director
of personnel shall determine an appropriate pay step and
anniversary date based on the employee's longevity in the work of
the class to which reclassified.
(b) Whenever any employment position with the city is
reclassified to a different class having a lower pay range, all
employees employed in the reclassified position at the time of
reclassification shall, in the discretion of the city manager,
continue to be compensated at the rate received at that time,
notwithstanding that, in some cases, such amount may be greater
than the highest step of the range of the new classification.
Such reclassified employees shall continue to receive all future
general salary increases.
(c) Payment -e€ Compensation to reclassified employees,
which is made pursuant to subsection (b) of this section, and
which may exceed the highest step of the reclassified range for
such employee, shall not be deemed a promotion.
Section 2-114. Terminat4ens- Separation from employment.
(a) Resignation shall be a voluntary separation from
employment through written notification to the employing
authority initiated by the employee.
-17-
July 11, 1983
II I
-37-
(b) Completion of temporary employment shall be the
separation from employment of a temporary employee who has worked
through the last work day the temporary position is available.
Employees separating prior to the last work day shall be governed
by the appropriate separation action.
(c) Retirement shall be the separation of a full-time
employee who is scheduled to begin receiving retirement benefits
from state and/or federal agencies. Retirement from full-time
service with the City is mandatory at age seventy (70) for all
employees exeept-swam-pel-isee-gad-€i•re-perseaeel-whe-must-retire
at-age-sxty-five-f6e} unless otherwise required by state or
federal law.
(d) Dismissal shall be an involuntary separation from
employment initiated by the employing authority as a result of
the employee's unsatisfactory work performance or misconduct.
(e) Failure to appear shall be a failure by an employee to
report to work during the first scheduled work day following
employment without previous notification to the employing
authority.
(f) Administrative termination shall be a nondisciplinary
separation from employment initiated by the director of personnel
on the basis of the an employee's fai-Iere inability to continue
to meet the minimum qualifications for the employee's position or
separation due to budgetary considerations. €el+ewi:sg-the-aetsa}
sart-a€-werk-er-the-seavai•Iabi I4ty-ef-ether-te-yes}ti-ea-er
appreved-hedgearp-funds-i•a-the-hsiget-e-the-respeetive
department -
Section 2-116. Anniversary date.
The anniversary date shall be the date on which an employee
becomes eligible for a variable merit increase. An employee's
first anniversary date shall generally be the effective date of
permanent status provided the employee has continued in the same
job class in a full-time capacity as originally employed.
Otherwise, the employee's first anniversary date shall be six (6)
months from the date assigned to present job class, except sworn
-18-
July 11, 1983
-38 -
police and fire lob classes in which case the first anniversary
date shall be twelve (12) months from the date assigned to the
class. Thereafter, the anniversary date shall be one (1) year
from the date of the last promotion, disciplinary demotion, award
or denial of variable merit increase, or assignment to new job
class dissimilar to the job class vacated, except where a career
step is involved in which case it shall be three (3) years from
the effective date of action. However, where a demotion action
of nondisciplinary type is involved and the work requirements of
the former position are applicable to the work requirements of
the lower position, the employee's present anniversary date may
remain unchanged, subject to the approval of the director of
personnel.
Section 2-117. Overtime Pay and Compensatory Time.
Overtime hours shall be defined as all hours worked by an
employee exceeding the average weekly rate of forty (40) hours,
computed on a semi-monthly or rotating -shift basis, or any hours
worked on a day observed as a city holiday.
Unless otherwise provided by law, employees working overtime
hours may, in the discretion of the city manager, subject to
availability of funds as approved by the city council, be
compensated at a rate not to exceed one and one-half (1 1/2)
times the normal hourly wage or a period of compensatory leave
time equal to the amount of overtime worked.
Section 2-118 Educational incentive pay.
Educational incentive pay is additional compensation Paid to
sworn permanent police and fire full-time merit employees who
have received advanced training which enhances the ability of
such personnel to better perform their duties as public safety
employees. The city manager is hereby authorized to establish a
policy for the award of such additional compensation up to the
sum of one thousand eight hundred dollars ($1,800.00) per
employee per year, provided, however, that any policy so
-19- July 11, 1983
II I
-39-
established shall be subject to appropriation of funds and
approved thereof by the city council.
This Ordinance shall be effective on and after the date
of its adoption.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the llth day of July
RHM/da
10/26/82
10/29/82
3/23/83
4/15/83
4/25/83
5/20/83
5/26/83
6/13/83
7/6/83
Alt/3.1
-20-
, 1983.
July 11, 1983
II I
-40-
Item II -G.3
CONSENT AGENDA ITEM # 20304
Upon motion by Councilman Baum, seconded by Councilman Heischober, City
Council voted to DEFER, until a public hearing is held, after which comments
will be incorporated into the legislative package for presentation to the
General Assembly, the Ordinance, on FIRST READING, to amend and reordain
Section 35-50 of the Code of the City of Virginia Beach pertaining to
Roll -Back Tax when use changes to nonqualifying use. (This item had been
deferred on June 6, 1983.)
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor
Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones,
Robert G. Jones, W. H. Kitchin, III, Reba S. McClanan, J. Henry
McCoy, Jr., D.D.S. and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
July 11, 1983
-41 -
Item II -G.4
CONSENT AGENDA ITEM # 20305
Upon motion by Councilwoman Creech, seconded by Councilman McCoy, City Council
ADOPTED an Ordinance to amend and reordain Chapter 6 of the Code of the
City of Virginia Beach, Virginia, by adding Section 6-28 pertaining to Fishing
Rules.
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
July 11, 1983
II I
-42-
REQUESTED BY: POLICE DEPARTMENT/DEPARTMENT OF PUBLIC WORKS
AN ORDINANCE TO AMEND AND REORDAIN
CHAPTER 6 OF THE CODE OF THE CITY
OF VIRGINIA BEACH, VIRGINIA, BY
ADDING SECTION 6-28 PERTAINING TO
FISHING RULES
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
That a Section 6-28 is hereby added to the Code of the
City of Virginia Beach, Virginia, and reads as follows:
Section 6-28. Fishing Rules.
It shall be unlawful for any person to obstruct the
passage of any boat, jet-ski, surfboard, or vessel of any type in
the waters of either Lynnhaven Inlet and its connecting
tributaries or Rudee Inlet and its connecting tributaries by the
placing of fishing nets or fishing lines in the path of said
boat, jet-ski, surfboard, or vessel.
Should any of the above-mentioned vessels approach a
fishing net or line, that net or line shall be retrieved without
delay to allow unobstructed passage of the boat, jet-ski,
surfboard, or vessel.
It shall also be unlawful to cast a fishing net or line
within fifty (50) feet of any passing boat, jet-ski, surfboard,
or vessel, while that boat, jet-ski, surfboard or vessel is in
the waters of either Lynnhaven Inlet and its connecting
tributaries or Rudee Inlet and its connecting tributaries.
A violation of this section shall constitute a Class 3
misdemeanor.
This Ordinance shall be effective on and after the date
of its adoption.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the llth day of July , 1983.
KJC/da
3/16/83
5/13/83
5/16/83
6/22/83
(A)
July 11, 1983
II I
-43-
Item II -G.5
CONSENT AGENDA ITEM # 20306
Upon motion by Councilwoman Creech, seconded by Councilman McCoy, City Council
ADOPTED an Ordinance to amend and reordain Section 27-4 of the Code of the
City of Virginia Beach, Virginia pertaining to Auxiliary Police.
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
July 11, 1983
AN ORDINANCE TO AMEND AND REORDAIN
SECTION 27-4 OF THE CODE OF THE CITY
OF VIRGINIA BEACH, VIRGINIA PERTAINING
TO AUXILIARY POLICE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That Section 27-4 of the Code of the City of Virginia
Beach, Virginia, is hereby amended and reordained to read as
follows:
Section 27-4. Auxiliary police.
The chief of police is hereby authorized to appoint
auxiliary police officers as he deems necessary, not to exceed
n nety-(98} one hundred (100) in number. The chief of police,
with the approval of the city manager, shall make rules and
regulations concerning the operation of the auxiliary police
officers, their uniforms, arms, other equipment and training.
Such rules and regulations shall be subject to ratification by
the council.
KJC/da
6/14/83
(B.2)
July 11, 1983
-45-
Item II -G.6
CONSENT AGENDA ITEM # 20307
Upon motion by Councilwoman Creech, seconded by Councilman McCoy, City Council
ADOPTED an Ordinance, on SECOND READING, to accept funds totaling $51,511
from the Virginia Housing Development Authority and to appropriate these
funds for the Section 8 Existing Housing Program.
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
July 11, 1983
-46 -
Requested by the Office of Housing and Community Development
AN ORDINANCE TO ACCEPT FUNDS TOTALING
$51,511.00 FROM THE VIRGINIA HOUSING
DEVELOPMENT AUTHORITY AND TO APPROPRIATE
THESE FUNDS FOR THE SECTION 8 EXISTING
HOUSING PROGRAM
WHEREAS, the City of Virginia Beach has participated
and wishes to continue its participation in the Section 8
Existing Housing Program; and
WHEREAS, the Virginia Housing Development Authority
(VHDA) has submitted a proposed Administrative Services Agreement
and applicable addendum for the implementation of a Housing
Assistance Payments Program for Existing Housing; and
WHEREAS, the Office of Housing and Community
Development (OHCD) has been designated to administer the program,
which will assist in housing low and moderate income persons; and
WHEREAS, the total budget to administer the Section 8
Existing Housing Program is $62,875.00, with VHDA providing
$51,511.00 of the program cost and $11,364.00 being provided from
the City's Community Development Block Grant Budget.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE
CITY OF VIRGINIA BEACH, VIRGINIA:
That the City Manager is hereby authorized to accept
funds for the City, and funds are hereby appropriated for the
following purpose:
Partial funding for the City's Section 8 Existing
Housing Program in the amount of $51,511.00.
BE IT FURTHER ORDAINED that three personnel positions
are hereby authorized for the duration of the funding, to be paid
by VHDA and supplemented by OHCD as indicated on the attached
sheet labelled "Exhibit A."
AND BE IT FURTHER ORDAINED that the City Manager is
hereby authorized to enter into an Administrative Services
Agreement with VHDA for implementation of a Housing Assistance
Payment Program for Existing Housing. Said agreement is attached
July 11, 1983
July 5, 1983
-47 -
hereto and incorporated by reference.
FIRST READING: July 05, 1983
SECOND READING: July 11, 1983
Adopted by the Council of the City of Virginia Beach,
Virginia on this llth day of
July , 1983.
APPROVED AS TO CONTENT APPROVED AS TO FORM
Assistant to the City Manager for City Attorney
Housing and Community Development
(C)
-2-
July 5, 1983
July 11, 1983
-48 -
Item II -G.7
CONSENT AGENDA ITEM # 20308
Upon motion by Councilwoman Creech, seconded by Councilman McCoy, City Council
ADOPTED, on SECOND READING, an Ordinance to increase the staffing of the
Sheriff's Office.
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
July 11, 1983
AN ORDINANCE TO INCREASE THE
STAFFING OF THE SHERIFF'S OFFICE
WHEREAS, the State Compensation Board recently approved one Baliff,
seven Process Servers and temporary position funding above that approved in the
City's ficsal year 1983-1984 operating budget and,
WHEREAS, these positions are necessary to offset the increase in
workload resulting from the elimination of the High Constable's office and
from the addition of a Judge to the Traffic Court and,
WHEREAS, the positions require appropriations in the Sheriff's office
to be increased by $150,129 of which $122,857 will be funded by the State
Compensation Board,
NOW THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH that the appropriations in the Sheriff's office be increased by $150,129
for the addition of eight positions offset by the increase in estimated revenues
from the Commonwealth of $122,857 and an appropriation from the General Fund
Balance of $27,272.
First Reading: July 05, 1983
Second Reading:
of
L-1-ORD6
July 11, 1983
llth
Approved by the Council of the City of Virginia Beach on the day
July
, 1983.
-1-
July 5, 1983
July 11, 1983
Cost Item
Salaries
'emporary Salaries
-50-
CITY OF VIRGINIA BEACH, VIRGINIA
COST SUMMARY
OF ADDITIONAL POSITION FOR SHERIFF'S OFFICE
City State Total
Supplement Reimbursement Cost
$ 13,646 $ 95,902 $ 109,548
13,698 13,698
Total Salaries $ 13,646
$ 109,600 $ 123,246
FICA (6.7X) $ 914 $ 7,343 $ 8,257
Retirement (10.87% Total, 5.87% State) 6,279 5,629 11,908
Life Insurance (1.052 Total, .29732 State) 865 285 1,150
Health Insurance ( 8 x $696) 5,568 - 5,568
:L-1-ORD6W
$ 27,272
$ 122,857 $ 150,129
July 5, 1983
July 11, 1983
-51 -
Item II -G.8
CONSENT AGENDA ITEM # 20309
Upon motion by Councilwoman Creech, seconded by Councilman McCoy, City Council
APPROVED an Ordinance, on FIRST READING, to accept $2,575,000 from the Depart-
ment of Housing and Urban Development and to appropriate these funds for cer-
tain projects and purposes.
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
July 11, 1983
-52 -
Requested by the Office of Housing and Community Development
AN ORDINANCE TO ACCEPT $2,575,000.00 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 approved the Ninth Program Year funding of
the Community Development Program.
WHEREAS, one of the objectives of such a program is to
upgrade deteriorated neighborhoods and to retard the
deterioration in transitional neighborhoods.
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
$ 75,000 Burton Station Site Drainage
27,010 Gracetown Streets
810,668 Mill Dam Water/Sewer/Streets
100,000 Newsome Farm Streets
100,000 Queen City Water/Sewer/Streets
441,500 Reedtown Water/Sewer/Streets
116,751 Seatack Streets Phase II
250,000 Housing Rehabilitation
100,000 Relocation
100,000 Relocation/Last Resort Housing
75,000 Site Improvements
439,071 Administration
$2,635,000 TOTAL APPROPRIATIONS
- 60,000
Total Community Development Funds (Funds
generated from housing rehab loan funds and
water/sewer fees)
$2,575,000 Total Entitlement Grant (1983-84)
That the appropriations will be financed 100% by
federal funds from HUD, with no local match required.
FIRST READING: July 11, 1983
SECOND READING:
July 11, 1983
-53 -
Item II -G.9
CONSENT AGENDA ITEM # 20310
Upon motion by Councilwoman Creech, seconded by Councilman McCoy, City Council
ADOPTED an Ordinance to transfer funds of $250 from the General Fund Reserve
for Contingencies to the Police Department for reimbursement of legal expenses
incurred by a Police Officer in the performance of his duties.
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
July 11, 1983
-54 -
AN ORDINANCE TO TRANSFER FUNDS OF
$250.00 FROM THE GENERAL FUND RESERVE
FOR CONTINGENCIES TO THE POLICE DEPART-
MENT FOR REIMBURSEMENT OF LEGAL
EXPENSES INCURRED BY A POLICE OFFICER
IN THE PERFORMANCE OF HIS DUTIES
WHEREAS, a Virginia Beach police officer was charged
with simple assault in the course of his duties and was found
not guilty by the General District Court; and
WHEREAS, legal fees of $250.00 were incurred by the
officer in presenting his defense; and
WHEREAS, Section 15.1-131.6 of the Code of Virginia
enables the governing body of Virginia localities to reimburse
an officer for reasonable fees if the officer is found not
guilty; and
WHEREAS, City Council considers this request reasonable
and proper.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE
CITY OF VIRGINIA BEACH, VIRGINIA:
THAT funds of $250.00 be transferred from the General
Fund Reserve for Contingencies to the Police Department for
legal fees involving the above incidents.
This ordinance shall be effective from the date
of its adoption.
JDB:er
7-1-83
ADOPTED: July 11, 1983
TeN
July 11, 1983
-55 -
Item II -G.10
CONSENT AGENDA ITEM # 20311
Upon motion by Councilman Kitchin, seconded by Councilman Baum, City Council
ADOPTED an Ordinance contracting to provide a payment to the Southeastern
Public Service Authority of Virginia to guarantee the payment of a part of
certain obligations of the Authority. (This ordinance pledges the full faith
and credit of the City of Virginia Beach, in the amount of $1,040,000, which
is the City's share of a $3,840,000 Bond Anticipation Note sale to be under-
taken by the Authority in September or October of this year.
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,
Robert G. Jones, W. H. Kitchin, III, Meyera E. Oberndorf
Council Members Voting Nay:
Reba S. McClanan and J. Henry McCoy, Jr., D.D.S.
Council Members Absent:
None
July 11, 1983
-56 -
REQUESTED BY: CITY MANAGER
AN ORDINANCE CONTRACTING TO PROVIDE A
PAYMENT TO THE SOUTHEASTERN PUBLIC SERVICE
AUTHORITY OF VIRGINIA TO GUARANTEE THE
PAYMENT OF A PART OF CERTAIN OBLIGATIONS
OF THE AUTHORITY.
BE IT ORDAINED by the Council of the City of
Virginia Beach:
Section 1. The City of Virginia Beach (the "City")
has found and determined and does hereby declare that:
(a) The cities of Chesapeake, Franklin, Norfolk,
Portsmouth, Suffolk and Virginia Beach and the counties
of Isle of Wight and Southampton have heretofore created
the Southeastern Public Service Authority of Virginia
(the "Authority") pursuant to the provisions of the
Virginia Water and Sewer Authorities Act, being Chapter
28, Title 15.1, Code of Virginia, 1950, as amended, for
the purpose of providing for the acquisition, financing,
construction, operation and maintenance of a water
system and a garbage and refuse collection and disposal
system, which will be publicly owned and controlled
regional projects within the meaning of Article VII,
Section 10(a)(4) of the Constitution of Virginia.
(b) The Authority has heretofore issued its notes
in the aggregate principal amount of $1,931,000 for the
purpose of providing funds for paying a part of the cost
of planning and design of a garbage and refuse collection
and disposal system.
July 11, 1983
-57-
(c) Said notes were designated "Notes, Series
1978", were dated April 26, 1978, bore interest at the
rate of 4.43% per annum until their payment, such interest
to the maturity thereof being payable semi-annually
on April 26 and October 26 in each year, and were stated
to mature, subject to the right of prior redemption, on
April 26, 1981.
(d) The Authority has heretofore issued its notes
in the aggregate principal amount of $3,010,000 for the
purpose of providing funds for paying the Notes, Series
1978, at their maturity and for paying a part of the cost
of planning and design of a garbage and refuse collection
and disposal system.
(e) Said notes are designated "Notes, Series 1981",
are dated April 27, 1981, bear interest at the rate of
9-3/8% per annum until their payment, such interest to the
maturity thereof being payable semi-annually on April 27
and October 27 in each •ear, and are stated to mature,
subject to their right of prior redemption, on October 27,
1983.
(f) By its duly adopted resolution, a certified copy of
which has been filed with the City and receipt of which is
hereby acknowledged, the Authority has determined to provide
for the issuance at this time of its notes in the aggregate
-2-
July 11, 1983
-58 -
principal amount of $3,840,000 for the purpose of
providing funds for paying the Notes, Series 1981, at
their maturity and for paying a part of the cost of
planning and design of a garbage and refuse collection
and disposal system.
(g) The councils of the cities of Chesapeake,
Franklin, Norfolk, Portsmouth, Suffolk and Virginia
Beach have determined that in order to enhance the
marketability of said notes to be issued by the
Authority on account of such garbage and refuse
collection and dispe::al system, said councils would
require the power to contract obligations to provide
payments over a period or periods of more than one
year to the Authority to guarantee the payment of
all or any part of t.3 principal of and the interest
on notes issued frc_: gime to time by the Authority
which contract obligations would an excluded
indebtedness within the meaning of and for the
purposes of Article VII, Section 10(a)(4) of the
Constitution of Virginia.
(h) The General Assembly of Virginia by Chapter
544 of the Acts of Assembly of 1977 authorized the
cities of Chesapeake, Franklin, Norfolk, Portsmouth,
Suffolk and Virginia 73,e ch from time to time or at
any time to contract obligations to provide payments
-3-
July 11, 1983
-59 -
over a period or periods of more than one year to
the Authority to guarantee the payment of all or
any part of the principal of and the interest on
notes issued from time to time by the Authority on
account of its garbage and refuse collection and
disposal system and such contract obligations shall
be an excluded indebtedness within the meaning of
and for the purposes of Article VII, Section 10(a)(4)
of the Constitution of Virginia.
(i) It is in the best interests of the City
to provide for a payment to the Authority to guarantee
the payment of a part of the obligations of the
Authority to be incurred by the issuance of said
notes and in anticipation of the issuance of its
revenue bonds.
(j) The City has determined to contract an
obligation to provide a payment to the Authority
not earlier than two years from the date hereof
to guarantee the payment of $1,040,000 of the
obligations to be incurred by the Authority by
the issuance of said notes and in anticipation of
the issuance of its revenue bonds.
Section 2. The City hereby contracts to provide a
payment to the Authority of $1,040,000 not earlier than
two years from the date hereof to guarantee the payment of
-4-
July 11, 1983
-60-
$1,040,000 of the principal amount of said notes of the
Authority without the payment of any interest thereon,
such payment to be an excluded indebtedness within the
meaning of and for the purposes of Article VII, Section
10(a)(4) of the Constitution of Virginia.
Section 3. The contract obligation assumed in Section
2 hereof by the City shall be paid from an ad valorem tax
upon all taxable property in the City subject to local
taxation sufficient in amount to provide for the payment
of said principal sum as said principal sum shall become
due, which tax shall be in addition to all other taxes
authorized to be levied in the City, and for the prompt
payment of said principal sum, the full faith and credit
of the City are hereby irrevocably pledged.
Section 4. Simultaneously with the retirement of said
notes of the Authority the payment of a portion of which is
hereby guaranteed, or provision having been made for the
retirement of said notes, this ordinance shall terminate
and be of no effect.
Section 5. That this ordinance shall be in effect
from and after its adoption.
A copy - Teste:
City Clerk
-5-
July 11, 1983
-61 -
Item II -G.11
CONSENT AGENDA ITEM # 20312
Upon motion by Councilwoman Creech, seconded by Councilman McCoy, City Council
ADOPTED an Ordinance to establish an additional position in the FY84 Operating
Budget of the Fire Department.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor
Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones,
Robert G. Jones, W. H. Kitchin, III, Reba S. McClanan, J. Henry
McCoy, Jr., D.D.S. and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
July 11, 1983
-62 -
AN ORDINANCE TO ESTABLISH AN
ADDITIONAL POSITION IN THE
FY84 OPERATING BUDGET OF THE
FIRE DEPARTMENT
WHEREAS, the volunteer fire program is an essential
component of the fire fighting system in the City of
Virginia Beach, and
WHEREAS, the Fire Department desires to establish
in its FY84 budget a new personnel position with the
responsibility of maintaining and enhancing the
department's volunteer resources, and
WHEREAS, funds for this position of $19,624 can
be provided from present FY84 appropriations in the
Fire Department budget by delayed hirings, attrition
and other budget experiences.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF
THE CITY OF VIRGINIA BEACH that an additional Administrative
Assistant position is hereby established in the FY84
operating budget of the Fire Department to be funded
from the department's existing FY84 appropriations.
Adopted by the Council of the City of Virginia Beach
on the
1] th
day of
T„ly
, 19 83
July 11, 1983
-63 -
Item II -G.12
CONSENT AGENDA ITEM # 20313
Upon motion by Councilwoman Creech, seconded by Councilman McCoy, City Council
ADOPTED an Ordinance appointing Viewers in the petition of Runnymede Corpora-
tion for the closure of a portion of Cleveland Street (Bayside 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
July 11, 1983
-64 -
ORDINANCE APPOINTING VIEWERS
WHEREAS, The Runnymede Corporation has given due and proper notice,
in accordance with the statutes for such cases made and provided that they
will on the 11th day of July 1983, apply to the City Council of the City
of Virginia Beach, Virginia, for the appointment of Viewers to view the
below -described property and report in writing to the Council whether, in the
opinion of said Viewers, any, and if any, what inconvenience would result
from the discontinuance of the hereinafter described portion of that certain
street of variable width, and has filed such application with said Council.
NOW, THEREFORE, be it ORDAINED by the Council of the City of Virginia
Beach, Virginia:
THAT
and
are hereby appointed
to view the below described property and report in writing to the Council
on or before , whether in their opinion,
any, and if any, what inconvenience would result in the discontinuing and
vacating of a portion of that certain street of variable width located in
the City of Virginia Beach, Virginia, and more particularly described as
follows:
Cleveland Street beginning at a point 46.14 feet from
the northern corner of its intersection with Clearfield
Avenue, thence along a curve to the left having a radius
of 765.00 feet, an arc distance of 590.81 feet to a point,
thence along a curve to the right having a radius of
619.12 feet, an arc distance of 411.85 feet to a point,
thence North 55°39'53" West a distance of 35.75 feet to
a point, thence South 08°31'35" West a distance of 66.65
feet to a point, thence South 55039'53" East a distance
of 6.73 feet to a point, thence along a curve to the left
having a radius of 679.12 feet, an arc distance of 415.18
feet to a point, thence along a curve to the right having
a radius of 685.00 feet, an arc distance of 543.23 feet to
a point, thence North 44°44'42" East a distance of 60.00
feet to the point of beginning. (The portion to be closed
-65 -
is 1.36 Acre and is generally described as all of
Cleveland Street from its intersection with Clearfield
Avenue to its end.)
All the above as shown upon that certain plat entitled, "Plat
Showing A Portion of Cleveland Street To Be Closed for the Runnymede
Corporation, Bayside 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.
July 11, 1983
-66 -
IN THE MATTER OF CLOSING, VACATING AND DISCONTINUING A
PORTION OF THAT CERTAIN STREET, KNOWN AS CLEVELAND STREET,
AS SHOWN UPON THAT CERTAIN PLAT ENTITLED, "PLAT OF A PORTION
OF CLEVELAND STREET TO BE CLOSED - BAYSIDE 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, The Runnymede Corporation, respectfully represents
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:
Cleveland Street beginning at a point 46.14
feet from the northern corner of its inter-
section with Clearfield Avenue, thence along
a curve to the left having a radius of 765.00
feet, an arc distance of 590.81 feet to a point,
thence along a curve to the right having a
radius of 619.12 feet, an arc distance of
411.85 feet to a point, thence North 55°39'53"
West a distance of 35.75 feet to a point,
thence South 08°31'35" West a distance of
66.65 feet to a point, thence South 55°39'53"
East a distance of 6.73 feet to a point, thence
along a curve to the left having a radius of
679.12 feet, an arc distance of 415.18 feet to
a point, thence along a curve to the right
having a radius of 685.00 feet, an arc distance
of 543.23 feet to a point, thence North
44°44'42" East a distance of 60.00 feet to
the point of beginning. (The portion to be
closed is 1.36 Acre and is generally described
as all of Cleveland Street from its intersection
with Clearfield Avenue to its end.)
Said parcel of land being a portion of Cleveland Street, as indicated
on that certain plat entitled "Plat Of A Portion of Cleveland Street To Be
Closed - Bayside Borough - Virginia Beach, Virginia,' which plat is
attached hereto and made a part hereof and intended to be recorded with
T,1,- 11 1 QQo
-67 -
the Ordinance closing the aforedescribed street.
2. That no inconvenience will result to any persons by reason of said
closing, vacation, and discontinuance of said street; and the Petitioner prays
that this Honorable Council appoint Viewers as provided by law to review said
platted street proposed to be closed and to report in writing to the Council on
or before the day of , 19_, as to whether in the
opinion of said Viewers, what inconvenience, if any, would result from the
discontinuance and closing of this portion of said street, as herein reported
and described.
3. That on the
19 th.day of June, 1983 and on the 26th
day of June, 1983
notice of the presenting of this application was published in the Beacon, a
newspaper of general circulation, in the City of Virginia Beach, Virginia.
4. That the fee simple owner of all land along and adjacent to and
affected by said portion of the platted street is your Petitioner herein, The
Runnymede Corporation, 510 Plume Center West, 147 Granby Street, Norfolk,
Virginia 23510.
Respectfully submitted,
THE RUNNYMEDE CORPORATION
BY:
Gardiner M. Haight, Esq.
FINE, FINE, LEGUM & FINE
Attorneys at Law
720 Plume Center West
Norfolk, Virginia 23510
OF OUN$EL')
-68 -
Item II -G.13
CONSENT AGENDA ITEM # 20314
Upon motion by Councilwoman Creech, seconded by Councilman McCoy, City Council
APPROVED the low bid of Waco, Inc. in the amount of $26,994 for the Virginia
Beach Convention Center Asbestos Removal Project; AND, authorized the City
Manager to enter into the necessary agreements for the implementation of this
project.
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
July 11, 1983
-69 -
Item II -G.14
CONSENT AGENDA ITEM # 20315
Upon motion by Councilwoman Creech, seconded by Councilman McCoy, City Council
APPROVED the low bid of Suburban Grading & Utilities in the amount of
$6,441,647.56 for the General Booth Boulevard, Phase I, Project (CIP 2-306);
AND, authorized the City Manager to enter into the necessary agreements for
the implementation of this project.
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
July 11, 1983
-70 -
Item II -G.15
CONSENT AGENDA ITEM # 20316
Upon motion by Councilwoman Creech, seconded by Councilman McCoy, City Council
ADOPTED an Ordinance authorizing Tax Refunds upon application of certain
persons and upon certification of the Treasurer of the City of Virginia Beach
for payment. (Tax Refund Amount: $743.04)
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
July 11, 1983
F O 4 N(?. C.A. 7
-71-
AN ORDINANCE AUTHORIZING TAX REFUNDS
UPON APPLICATION OF CERTAIN PERSONS
AND UPON CERTIFICATION OF THE TREASURER
FOR PAYMENT
6/30/83 EMC
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for tax refunds upon certification of the Treasurer are hereby approved:
NAME
Tax
Year
Type Ticket
of Tax Number
Exonera- Date
tion No. Paid
Penalty Int. Total
Maxine D Leggett
Atlantic Permanent S & L
Atlantic Permanent S & L
Atlantic Permanent S & L
Atlantic Permanent S & L
Atlantic Permanent S & L
Atlantic Permanent S & L
augene & Minerva Bong
Cobert & Ruth Barnum
flilliam C Perry etux
Scott T Johnston
Margaret A Christmas
Tilton & Cynthia Hannah
K Lease & Rental
83 Pkng 13954
80 RE(1/2) 59844-9
80 RE(2/2). 59844-9
81 RE(1/2) 71038-9
81 RE(2/2) 71038-9
82 RE(1/2) 74036-4
82 RE(2/2) 74036-4
83 RE(1/2) 7745-5
83 RE(1/2) 4745-2
83 RE(2/2) 64327-2
83 PP 74617-9
83 PP 26084-3
83 PP 60233-2
83 PP 119834-9
6/14/83
12/5/79
6/5/80
12/5/80
6/5/81
12/5/81
6/5/82
12/5/83
11/3/82
10/21/82
5/24/83
6/1/83
5/27/83
6/5/83
JUL1 1°
ter
DEPT. OF LAW
This ordinance shall be effective from date of adoption.
The above abatement(s) totaling
$741.04 were approved by
the Council of the City of Virginia
Beach on the 11 day of July, 19.83.
Ruth Hodges Smith
City Clerk
Total
Cert -d as to pay%nt;
T. Atkinson, Treasurer
Approved as to f
rm:
6.00
3.70
3.70
6.70
6.70
7.20
7.20
48.01
9.33
16.00
90.00
56.22
141.00
341.28
743.04
J Dale Bimson, City Attorney
July 11, 1983
-72 -
Item II -H.1
PLANNING ITEM ITEM # 20317
Richard H. Curfman represented himself.
Upon motion by Councilman McCoy, seconded by Councilwoman Oberndorf, City Council
voted to APPROVE the application of RICHARD H. CURFMAN for a variance to Section
4.4(b) of the Subdivision Ordinance per the following:
Appeal from decisions of Administrative Officers in regard
to certain elements of the Subdivision Ordinance, Sub-
division for Richard H. Curfman. Property located at
the western extremity of Woodgrove Lane. Plats with more
detailed information are available in the Department of
Planning. KEMPSVILLE 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
Council Members Absent:
Robert G. Jones
July 11, 1983
-73 -
Item II -G.2
PLANNING ITEM ITEM # 20318
Garry Blair represented the applicant.
Upon motion by Councilman McCoy, seconded by Councilwoman Oberndorf, City
Council voted to APPROVE the application of SOUTHLAND CORPORATION for a
Conditional Use Permit for an automobile service station per the following:
ORDINANCE UPON APPLICATION OF THE SOUTHLAND CORPORATION
FOR A CONDITIONAL USE PERMIT FOR AN AUTOMOBILE SERVICE
STATION R0783557
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
Ordinance upon application of the Southland Corporation
for a Conditional Use Permit for an automobile service
station in conjunction with a convenience store on.
certain property located at the northwest corner of
Holland Road and Windsor Oaks Boulevard, running a
distance of 150 feet along the north side of Holland Road,
running a distance of 170 feet along the western property
line, running a distance of 150 feet along the northern
property line and running a distance of 150 feet along
the west side of Windsor Oaks Boulevard. Said parcel
contains 25,256 square feet. KEMPSVILLE BOROUGH.
The following may be required:
1. City water and sewer.
2. On-site retention of storm water.
This Ordinance shall be effective from date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the Eleventh
day of July, 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
July 11, 1983
-74 -
Item II -H-3
PLANNING ITEM ITEM # 20319
Charlie Prediger represented the applicant.
Upon motion by Councilman McCoy, seconded by Councilwoman Oberndorf, City
Council ADOPTED the Ordinance upon application of MARY C. GREENE for a
Conditional Use Permit for automobile tune-ups per the following:
ORDINANCE UPON APPLICATION OF MARY C. GREENE FOR A
CONDITIONAL USE PERMIT FOR AUTOMOBILE TUNE-UPS RO783558
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
Ordinance upon application of Mary C. Greene for a
Conditional Use Permit for automobile tune-ups on
certain property located at the northwest intersection
of Princess Anne Road and Parliament Drive, running a
distance of 200 feet more or less along the north side
of Princess Anne Road, running a distance of 171 feet
along the western property line, running a distance of
180.36 feet along the northern property line and running
a distance of 209.87 feet along the eastern property
line. Said parcel is located at 5700 Princess Anne Road
and contains 37,026 square feet. KEMPSVILLE BOROUGH.
The following may be required:
1. City water and sewer.
This Ordinance shall be effective from date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the Eleventh
day of July, 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
July 11, 1983
-75 -
Item II -H.4
PLANNING ITEM ITEM # 20320
Edward W. Few, III represented himself.
Upon motion by Councilman McCoy, seconded by Councilwoman Oberndorf, City
Council ADOPTED, subject to the three conditions outlined below, the Ordi-
nance upon application of EDWARD W. FEW, III for a Conditional Use Permit
for an automotive repair shop per the following:
ORDINANCE UPON APPLICATION OF EDWARD W. FEW, III, FOR
A CONDITIONAL USE PERMIT FOR AN AUTOMOTIVE REPAIR SHOP R0783559
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
Ordinance upon application of Edward W. Few, III, for
a Conditional Use Permit for an automotive repair shop
on certain property located on the north side of
Recreation Drive beginning at a point 1900 feet more
or less west of Salem Road, running a distance of 350
feet along the north side of Recreation Drive, running
a distance of 228.92 feet along the western property line,
running a distance of 350 feet along the northern pro-
perty line and running a distance of 228.92 feet along
the eastern property line. Said parcel is located at
4450 Recreation Drive and contains 2 acres. KEMPSVILLE
BOROUGH.
The following may be required:
1. An alternative method of sewage disposal as septic tank installation
is not permitted.
2. All repair work is to be performed within the building.
The following is required:
1. Approval is for a period of two (2) years.
This Ordinance shall be effective from date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the Eleventh
day of July, 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
July 11, 1983
Item II -H.5
PLANNING ITEM
-76-
ITEM # 20321
Upon motion by Councilman McCoy, seconded by Councilwoman Oberndorf, City
Council allowed WITHDRAWAL of applications of CREATIVE DISPLAYS, INC. for a
Conditional Use Permit for one billboard on Virginia Beach Boulevard/South
Kentucky Avenue; AND, a Conditional Use Permit for one billboard on Bonney
Road/South Kentucky Avenue; AND, a Conditional Use Permit for two 12 -foot x
25 -foot billboards on Centerville Turnpike per the following:
ORDINANCE UPON APPLICATION OF CREATIVE DISPLAYS, INC.
FOR A CONDITIONAL USE PERMIT FOR ONE BILLBOARD
Ordinance upon application of Creative Displays, Inc.
for a Conditional Use Permit for one billboard at the
southeast intersection of Virginia Beach Boulevard
and South Kentucky Avenue on Lots 1 through 8 and 16
through 24, Block 6, G. W. Deal. Parcel is .located at
3911 Virginia Beach Boulevard and contains 1.34 acres
more or less. KEMPSVILLE BOROUGH.
ORDINANCE UPON APPLICATION OF CREATIVE DISPLAYS, INC.
FOR A CONDITIONAL USE PERMIT FOR ONE BILLBOARD
Ordinance upon application of Creative Displays, Inc.
for a Conditional Use Permit for one billboard at the
northwest corner of Bonney Road and South Kentucky Avenue
on Lots 2 through 12 and 14 through 23, Block 4. Said
parcel contains 1.3 acres more or less. KEMPSVILLE BOROUGH.
ORDINANCE UPON APPLICATION OF CREATIVE DISPLAYS, INC.
FOR A CONDITIONAL USE PERMIT FOR TWO 12 -FOOT x 25 -FOOT
BILLBOARDS
Ordinance upon application of Creative Displays, Inc.
for a Conditional Use Permit for two 12 -foot x 25 -foot
billboards on certain property located on the east side
of Centerville Turnpike beginning at a point 140 feet
more or less south of Kempsville Road, running a distance
of 998.81 feet along the east side of Centerville Turnpike,
running a distance of 541.65 feet along the southern
property line, running around a curve in a northerly
direction a distance of 879 feet more or less, running a
distance of 151.29 feet in a westerly direction, running
a distance of 741.19 feet in a northwesterly direction,
running a distance of 115.03 feet along the south side of
Kempsville Road, running a distance of 304.47 feet in a
southerly direction and running a distance of 175.40 feet
in a westerly direction. Said parcel contains 18.215
acres. KEMPSVILLE 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
Council Members Absent:
Robert G. Jones
July 11, 1983
-77 -
Item II -H.6
PLANNING ITEM ITEM # 20322
Lorin Hay, Attorney, represented the applicant.
Charles Oates voiced opposition.
Upon motion by Councilman McCoy, seconded by Councilwoman Creech, City Council
voted to DEFER to August 22, 1983 the application of CHESAPEAKE INVESTMENT
COMPANY, A VIRGINIA GENERAL PARTNERSHIP, for a Change of Zoning from A-1 to
A-2 per the following:
ORDINANCE UPON APPLICATION OF CHESAPEAKE INVESTMENT
COMPANY, A VIRGINIA GENERAL PARTNERSHIP, FOR A CHANGE
OF ZONING FROM A-1 TO A-2
Ordinance upon application of Chesapeake Investment
Company, a Virginia General Partnership, for a
Change of Zoning District Classification from A-1
Apartment District to A-2 Apartment District on certain
property located on the west side of College Park Boule-
vard beginning at a point 300 feet more or less north of
Chestnut Hill Road, running a distance of 1145 feet along
the west side of College Park Boulevard, running a dis-
tance of 268.73 feet along the northern property line,
running a distance of 998.88 feet along the western
property line and running a distance of 432 feet along
the southern property line. Said parcel contains 8.2
acres. KEMPSVILLE BOROUGH.
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
Council Members Absent:
None
July 11, 1983
-78 -
Item II -H.7
PLANNING ITEM ITEM # 20323
Bill Culverhouse represented the applicant.
In opposition to the application were the following:
Barry Jenkins, Attorney
Mrs. Medeiros
Claude Bouvier
Billie Kaufman
Upon motion by Councilman McCoy, seconded by Councilwoman Oberndorf, City
Council voted to DENY the application of INDIAN RIVER PROPERTIES, A VIRGINIA
GENERAL PARTNERSHIP, for a Change of Zoning from R-5 to B-2 per the following:
ORDINANCE UPON APPLICATION OF INDIAN RIVER PROPERTIES,
A VIRGINIA GENERAL PARTNERSHIP, FOR A CHANGE OF ZONING
FROM R-5 TO B-2
Ordinance upon application of Indian River Properties,
a Virginia General Partnership, for a Change of Zoning
District Classification from R-5 Residential District
to B-2 Community -Business District on certain property
located on the southeast corner of Lynnhaven Parkway and
Indian River Road, running a distance of 641.43 feet
along the south side of Lynnhaven Parkway, running a
distance of 550 feet more or less in a southwesterly
direction and running a distance of 450 feet more or
less along the east side of Indian River Road. Said
parcel contains 2.5 acres. KEMPSVILLE 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
July 11, 1983
-79 -
Item II -J.1
NEW BUSINESS ITEM # 20324
Attorney Glenn R. Crowshaw represented the applicant.
In opposition was Attorney Edward T. Caton, representing Drs. Visser, Martin
and McGuire.
Upon motion by Councilman Baum, seconded by Councilman McCoy, City Council
took the following action regarding Cavalier Properties/Hilltop, Ltd. (Change
of Zoning from B-2 to A-2), First Colonial Road, Lynnhaven Borough (approved
December 20, 1982):
1. Directed the staff to proceed with the Building Permit.
2. The condition of the median cut will be RECONSIDERED
August 1, 1983.
3. A Bond is required.
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
July 11, 1983
Item II -J.2
NEW BUSINESS
-80-
ITEM # 20325
Upon motion by Councilman Heischober, seconded by Councilwoman Creech,
City Council ADOPTED the Resolution authorizing the City Manager to execute
an agreement pertaining to railroad grade crossing for proposed Constitution
Drive.
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
July 11, 1983
-81-
A RESOLUTION AUTHORIZING THE CITY MANAGER
TO EXECUTE AN AGREEMENT PERTAINING TO
RAILROAD GRADE CROSSING FOR PROPOSED
CONSTITUTION DRIVE
WHEREAS Columbus Loop Associates proposes at its expense, to construct
a portion of a road or highway, upon and across, at grade, the right of way
or property of Carolina and Northwestern Railway Company, at Virginia Beach,
Virginia located in the Columbus Loop area at proposed Constitution Drive;
and
WHEREAS, as part of the agreement the City agrees to maintain said
crossing, at its expense and to indemnify and hold the said railroad harmless
while the City is engaged in the work of maintaining said crossing.
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 Agreement
between Carolina and Northwestern Railway Company, Columbus Loop Associates
and the City of Virginia Beach, Virginia subject to Columbus Loop Associates
providing a defect bond, covering the construction of the proposed Constitution
Drive and grade crossing, satisfactory to and acceptable to the City Attorney
of the City of Virginia Beach, Virginia.
Adopted by the Council of the City of Virginia Beach, Virginia, on
the lith day of July
JAR:kg
7/7/83
, 1983.
July 11, 1983
•
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-82-
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July 11, 1983
-83 -
THIS AGREEMENT, made and entered into by and between
CAROLINA AND NORTHWESTERN RAILWAY COMPANY, a corporation of the
State of Virginia and of North Carolina, hereinafter styled "Railroad";
COLUMBUS LOOP ASSOCIATES, a corporation,
hereinafter styled "Permittee"; and
CITY OF VIRGINIA BEACH, Virginia, a municipal corporation of the
State of Virginia, hereinafter styled "City";
WITNESSETH: That
WHEREAS, Permittee proposes at its expense, to construct a portion
of a road or highway (hereinafter referred to as "crossing"), upon and across,
at grade, the right of way or property and track of Railroad, at VIRGINIA
BEACH, Virginia, located substantially as shown outlined in red on print of
Drawing hereinafter referred to; and
WHEREAS, Permittee has requested Railroad to perform certain work
in connection with the construction of said grade crossing and to install
cantilever flashing light crossing signals with bell for the protection of
vehicular traffic at said crossing; and
and
WHEREAS, City has agreed to maintain said crossing, at its expense;
WHEREAS, Railroad is willing to perform certain work in connection
with the construction of said crossing and the installation of said signals,
but upon the following terms and conditions;
NOW, THEREFORE, the PARTIES HERETO agree as follows:
1. Railroad, to the extent that its title enables it so to do, and
without warranty, hereby grants unto Permittee the right to construct said
crossing and grants unto City the right to maintain said crossing, upon and
across, at grade, the right of way or property and track of Railroad, at
VIRGINIA BEACH, Virginia; said crossing being located substantially as shown
outlined in red on print of Drawing No. TA -82-0194, dated June 22, 1982,
attached hereto and made a part of this agreement; RESERVING, however, unto
Railroad the right to continue to maintain, repair, renew and operate its
railroad and appurtenances across said crossing and to construct such addi-
tional track (s) and other railroad facilities across said crossing and to
maintain, repair, renew and operate the same as in the judgment of Railroad
may be requisite; it being understood that if Railroad elects or is required
to construct any additional tracks or other structures or facilities thereon,
and shall find it necessary to disturb said crossing or any portion of said
highway located within the limits of said right of way in so doing, City will,
at City's expense, upon notice in writing so to do served upon it by Railroad,
make such changes in said crossing or in said highway as may be necessary to
accommodate the work of Railroad.
2. Railroad will, for the accommodation of and at the expense of
Permittee, perform the work of constructing the portion of said crossing
located between the rails in said track and to the outside ends of the cross -
ties on each side thereof, furnish materials for and do and perform the work
of installing said cantilevered flashing light crossing signals with bell and
shall revise, relocate and reconstruct signal facilities and other railroad
facilities in such manner as may be necessary to this project. The cost of
July 11, 1983
-84-
-2 -
said
work to be performed by Railroad has been estimated to be $55,500 as
Shown on detailed estimates dated April 13, 1977, revised July 2, 1982 and
September 27, 1982, attached hereto and made a part hereof, and Permittee will
pay to Railroad, promptly upon bill rendered therefor, the actual expenditures
incurred by Railroad in connection with the construction of said crossing and
the installation of said signals and bell, including, but not restricted to
the expenditures herein expressly described.
3. Permittee will, at its own expense, construct said grade cross-
ing (except the portion to be constructed by Railroad as aforesaid), including
all necessary grading and drainage. Upon completion of the construction of
said grade crossing, City will maintain the same at City's own cost and ex-
pense, arra in all respects in accordance with the requirements of Railroad
looking to the safe and convenient operation of its said line of railroad.
4. Permittee agrees to indemnify and hold Railroad, and any
other corporation controlling, controlled by or under common control with
Railroad, harmless from and against all loss, damage, liability or expense
arising from injury or damage to any person or property while Permittee is
engaged in the work of constructing said crossing across the property and
track of Railroad as hereinabove provided.
5. City agrees to indemnify and hold Railroad, and any other
corporation controlling, controlled by or under common control with Railroad
harmless fram and against all loss, damage, liability or expense arising from
injury or damage to any person or property while City is engaged in the work
of maintaining said crossing across the property and track of Railroad as
hereinabove provided.
6. It is agreed that Railroad shall be exempt from any and all
charges or assessments of any kind or character on account of the construc-
tion or maintenance of said crossing within the limits of said right of way or
property, or on account of any other thing done or omitted to be done by
Permittee or City in connection therewith.
7. Should the use of said crossing be abandoned by Permittee or by
City, then all rights hereby granted shall thereupon cease and terminate and
Permittee or City will, at no expense to Railroad and in a manner satisfactory
to Railroad, remove the portion of said crossing located within the limits of
said right of way of Railroad, and restore Railroad's property to condition
existing prior to the construction of said crossing within the limits of said
right of way; provided, Railroad, at its option, may remove the crossing pro-
per within the track area and restore its property and Permittee or City will,
in such event, upon bill rendered pay to Railroad the entire cost incurred by
Railroad in such removal and restoration.
8. Said signals and bell shall be maintained in operation by Rail-
road, at the cost and expense of City, in accordance with the "Schedule of
Annual Cost of Automatic Highway Grade Crossing Protective Devices", attached
hereto and made a part hereof, so long as Railroad may operate its railroad
at said crossing or until it is mutually agreed between the parties hereto
that said signals and bell are no longer necessary at said crossing, or until
said crossing is abandoned or other legal requirements make it necessary to
cease operation and maintenance of said signals and bell; it being understood
that City will reimburse Railroad upon annual bill rendered therefor, with the
first bill to be rendered twelve months after the effective date of this agree
ment, and annually thereafter on the anniversary of the in-service date.
City further agrees that in the event the cost of maintaining said signals in-
creases, City will pay to Railroad such increased maintenance costs.
9. In the event said signals and bell are no longer necessary at
said crossing or said crossing is abandoned or other legal requirements make it
July 11, 1983
-85-
-3 -
necessary to cease operation and maintenance of said signals, Railroad will
remove the same frau said right of way of Railroad, and relocate and install
said signals and bell at a location to be mutually agreed upon by the parties
hereto, and restore said right of way and track of Railroad to condition ex-
isting prior to the installation of said signals and bell, all at Licensee's
expense. Upon completion of such relocation and installation, as aforesaid,
said signals and bell shall thereafter be operated and maintained at the ne
location pursuant to the terms and conditions of this agreement, in all re-
spects, if applicable, and as if such new location were the original site
thereof as herein provided.
IN WITNESS WHEREOF, the parties hereto have caused this agreement
to be executed in triplicate, each part being an original, as of the
day of , 19 .
In presence of:
CAROLINA AND NORTHWESTERN RAILWAY
COMPANY,
By
As to Railroad. Vice President.
In presence of: OOLUMBUS LOOP ASSOCIATES,
By
As to Permittee. President.
In presence of: CITY OF VIRGINIA BEACH, Virginia,
By
As to City. Mayor.
MHW:9-28-82:69547
July 11, 1983
. -86—
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P '.T RACE' 033
8
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July 11, 1983
Requested by: Councilman Robert Jones
RESOLUTION
WHEREAS, the Council of the City of Virginia Beach is
interested in exploring further the Southeastern Freeway concept;
and
WHEREAS, the Council of the City of Virginia Beach
finds that such a facility would have a positive effect on
relieving the traffic demands on both the existing and projected
City highway system.
THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH:
THAT the City Manager is authorized to proceed in
conjunction with the State Highway Department the Southeastern
Virginia Regional Planning Commission and other governmental
agencies as may be appropriate to determine the most feasible
route for the Southeastern Freeway.
BE IT FURTHER RESOLVED that the Planning Commission is
requested to study possible amendments to the Master Street and
:Highway Plan for the City of Virginia Beach to include the
Southeastern Freeway and make recommendations to Council
regarding such Freeway.
BE IT FURTHER RESOLVED that the City Manager is
authorized and directed to request from the Department of
Highways and Transportation of the Commonwealth of Virginia an
amendment to the Southeastern Virginia Regional 2000 Highway
Needs Study.
BE IT FURTHER RESOLVED that the City Clerk is directed
to forward a copy of this resolution to W. S. Tucker, Urban
Programs Engineer for the Department of Highways and
Transportation, Arthur Collins, Executive Director of the
Southeastern Virginia Regional Planning Commission, and to the
Chairman of the Virginia Beach Planning Commission.
ADOPTED:
JDB/sm/da
7/11/83
(RES.3)
Item II -J.3
ADD-ON
NEW BUSINESS
-87-
ITEM # 20326
A motion was made by Councilman Robert Jones, seconded by Councilwoman Creech,
to approve the Resolution for further exploration of the Southeastern Freeway
concept (Southeastern Virginia Regional 2000 Highway Needs Study).
Councilwoman McClanan requested that paragraph six of the Resolution:
"BE IT FURTHER RESOLVED that the City Manager is authorized
and directed to request from the Department of Highways and
Transportation of the Commonwealth of Virginia an amendment
to the Southeastern Virginia Regional 2000 Highway Needs
Study."
be DELETED.
Upon SUBSTITUTE MOTION by Councilman Heischober, seconded by Councilman
Jennings, City Council DEFERRED this matter for further study by the
Planning Staff and City Council.
Voting: 7-4 (SUBSTITUTE MOTION)
Council Members Voting Aye:
John A. Baum, Harold Heischober, Vice Mayor Barbara M. Henley,
H. Jack Jennings, W. H. Kitchin, J. Henry McCoy, Jr., and
Meyera E. Oberndorf
Council Members Voting Nay:
Nancy A. Creech, Mayor Louis R. Jones, Robert G. Jones, and
Reba S. McClanan
Council Members Absent:
None
July 11, 1983
Item II -J.4
ADD-ON
NEW BUSINESS
-88-
ITEM # 20327
Upon motion by Councilwoman Creech, seconded by Vice Mayor Henley, City
Council ADOPTED an Ordinance to transfer funds of $45,000 for additional
engineering services related to the Lake Gaston Water Supply Project.
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
July 11, 1983
-89 -
AN ORDINANCE TO TRANSFER FUNDS
OF $45,000 FOR ADDITIONAL
ENGINEERING SERVICES RELATED TO
THE LAKE GASTON WATER SUPPLY PROJECT
WHEREAS, in January, 1983, the City contracted
with CE Maguire, Inc. for professional engineering
services to implement the permit process on the city's
behalf and to furnish other professional services
relating to the Lake Gaston Water Supply Project, and
WHEREAS, in pursuit of these activities CE Maguire,
Inc. has indicated that additional services beyond
the scope of the original agreement need to be
performed, and
WHEREAS, the additional services which will cost
a total of $45,000 for an archeological study
and survey and plat preparation work for real estate
acquisition purposes, and
WHEREAS, the funding needed for this work can
be provided from the Water and Sewer Reserve for
Contingencies.
NOW THEREFORE BE IT ORDAINED BY THE COUNCIL OF
THE CITY OF VIRGINIA BEACH that funds of $45,000 be
transferred from the Water and Sewer Reserve for
Contingencies to the Department of Public Utilities
for an archeological study and survey and plat
preparation work for real estate acquisition purposes
related to the Lake Gaston Water Supply Project.
This ordinance shall be effective from the date
of its adoption.
Adopted by the Council of the City of Virginia
Beach on
11th
day of
July
, 1983.
July 11, 1983
Item II -J.5
ADD-ON
NEW BUSINESS
-90-
ITEM # 20328
Upon motion by Councilman Kitchin, seconded by Councilwoman Creech, City
Council ADOPTED an Ordinance to authorize a temporary encroachment into a
portion of the right-of-way of Lake Drive to Mr. Jonathan E. Frank, his
heirs, assigns and successors in title per the following:
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
ORDINANCE TO AUTHORIZE A TEMPORARY ENCROACHMENT INTO
A PORTION OF THE RIGHT-OF-WAY OF LAKE DRIVE TO
MR. JONATHAN E. FRANK, HIS HEIRS, ASSIGNS AND
SUCCESSORS IN TITLE
The following conditions are required:
1. The owner agrees to remove the encroachment when notified
by the City of Virginia Beach, at no expense to the City,
within 30 days.
2. The owner agrees to keep and hold the City free and harmless
of any liability as a result of this encroachment.
3. The owner agrees to submit a traffic control plan, obtain a
highway permit, and post a bond.
4. The owner agrees to maintain said encroachment so as not to
become unsightly or hazardous.
5. The owner shall execute an agreement encompassing the above
conditions.
This Ordinance shall be effective from date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the Eleventh
day of July, Nineteen Hundred, Eighty -Three.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober, Vice Mayor
Barbara M. Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones,
Robert G. Jones, W. H. Kitchin, III, Reba S. McClanan, J. Henry
McCoy, Jr., D.D.S. and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
July 11, 1983
-91 -
Requested By Department of Public Works
AN ORDINANCE TO AUTHORIZE A TEMPORARY
ENCROACHMENT INTO A PORTION OF THE
RIGHT-OF-WAY OF LAKE DRIVE TO MR.
JONATHAN E. FRANK HIS HEIRS, ASSIGNS
AND SUCCESORS IN TITLE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That pursuant to the authority and to the extent
thereof contained in Section 15.1-893, Code of Virginia, 1950, as
amended, Mr. Jonathan E. Frank, his heirs, assigns and successors
in title is authorized to construct and maintain a temporary
encroachment into the right-of-way of Lake Drive.
That the temporary encroachment herein authorized is
for the purpose of erecting and maintaining a private 2" force
main and that said encroachment shall be erected and maintained
in accordance with the City of Virginia Beach Public Works
Department's specifications as to size, alignment and location,
and further that such temporary encroachment is more particularly
described as follows:
An area of encroachment into a portion of
the City's right-of-way known as Lake
Drive, on that certain plat entitled:
"FRANK FAMILY COTTAGE LAKE DRIVE -
VIRGINIA BCH., VIRGINIA LOTS 16, 17, & 18
- BLK. 9 - PINEWOOD PARK VIRGINIA BEACH -
VIRGINIA," a copy of which is on file in
the Department of Public Works and to
which reference is made for a more
particular description.
PROVIDED, HOWEVER, that the temporary encroachment
herein authorized shall terminate upon notice by the City of
Virginia Beach to Mr. Jonathan E. Frank, his heirs, assigns and
successors in title and that within thirty 30 days after such
notice is given, said encroachment shall be removed from the City
right-of-way of Lake Drive and that Mr. Jonathan E. Frank, his
heirs, assigns and successors in title shall bear all costs and
expenses of such removal.
July 11, 1983
-92 -
AND, PROVIDED FURTHER, that it is expressly understood
and agreed that Mr. Jonathan E. Frank, his heirs, assigns and
successors in title shall indemnify and hold harmless the City of
Virginia Beach, its agents and employees from and against all
claims, damages, losses, and expenses including reasonable
attorney's fees in case it shall be necessary to file or defend
an action arising out of the location or existence of such
encroachment.
AND, PROVIDED FURTHER, that this ordinance shall not be
in effect until such time that Mr. Jonathan E. Frank executes an
agreement with the City of Virginia Beach encompassing the
afore -mentioned provisions.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the 11th day of July , 19 83 .
6/17/83
(29D)
-2-
July 11, 1983
-93-
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Item II -J.6
ADD-ON
NEW BUSINESS
-95-
ITEM # 20329
By consensus, Council rescheduled Briefings set for July 18 and July 25,
respectively, for AUGUST 1 at 9:00 a.m. and AUGUST 8 at 9:00 a.m. The
Commonwealth Attorney will be present August 8 to discuss the "Conflict
of Interest Act".
ADD-ON ITEM # 20330
Councilman Baum referenced the emergency sand replacement at Sandbridge and
asked if there was a City policy concerning "emergency" replacement of sand
resulting from storms or other "acts of nature". Councilman Baum asked that
background information and verbatims be furnished in the next Council agenda.
Item II -K.
ADJOURNMENT ITEM # 20331
By consensus, Council adjourned at Five Five in the evening.
7-)•
Joan M. Keith
deputy City Clerk
Ar.34:4X.X.
Ruth" Hodges S th, CMC
City Clerk
City of Virginia Beach
Virginia
/jk
Mayor Louis ones
July 11, 1983
-9 -
Item II -D.1
MINUTES ITEM # 20296
Upon motion by Councilman McCoy, seconded by Councilwoman Creech, City Council
APPROVED the Minutes of July 5, 1983, as CORRECTED:
Item # 20232
Delete "Three Oaks". The statement should
read: "Councilman Baum suggested that the
Rock Church property south of Indian River
Road be brought up under New Business."
Item # 20275 -- Delete "Three Oaks".
Item # 20274 -- Regarding the Rezoning Reconsideration
of Gordon Oliver wherein two letters
were read by Councilman Jennings and
were made a part of the proceedings,
said letters (dated June 27, 1983 and
June 4, 1983, respectively) are hereby
deleted. It was brought to Council's
attention by Councilman Baum that only
actions of Council are to be recorded
in the Minutes.
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
July 11, 1983