HomeMy WebLinkAboutSEPTEMBER 22, 1980 MINUTES
"WORLD'S LARGEST RESORT CITY"
CITY COUNCIL
MAYOR 1. HENRY M@COY JR.. D.D.S., K..P..iii. B.-.gb
ViCE-MAYOR HAROLD HEISCHOBER. At L.,g.
JOHN A. BAUM. BI-A..i., B.-gb
F. REID ERVIN, At L-g.
BARBARA M. HENLEY, P..g. B.@.gb
CLARENCE A. HOLLAND. ALD., S.y@id. B.@.gh
W. H. KITCHIN, Ill. Visi.i. B-lb B.--gb
REBA S. M,CLANAN, P,i--. A.- B...gb
DONALD W. MERRTCK, L,-b-.. B...gb
MEYERA E. OBERNDORF. A, L.,g. 212 C17Y HALL BUILDING
PATRICK L. STANDING. At L.,g. MUNICIPAL CENTER
VIR(;INIA BEACH, VIRGINIA 23456
RUTH HODGES SMITH, City CIIIA (804) 427-4303
CITY COUNCIL AGENDA
ITEM I INFORMAL SESSION: 5:30 p.m. - September 22, 1980
A. CALL TO ORDER - KAYOR J. HENRY MCCOY, JR.
B. ROLL CALL OF COUNCIL
C. MOTION TO RECESS INTO INFOR-MAL/EXECUTI- SESSION
D. PRESENTATION/DISCUSSION OF PERTINENT @IATT@
1. Matters for Discussion by Mayor
2. Matters for Discussion by Council
3. Proposed Pay Plan and Schedule: Briefing
4. Rudee Inlet Sand TraiD Dredging: Discussion of bids.
5. CZO Amendment Pertaining to Conservation of Forests:
Discussion of amendment to Article 1, Section 1,
which appears on the Formal agenda.
6. Amendinents to Article V-A and Section 2-57.1 of the
City Code Pertaining to the Department of Fire Pro-
tection: Discussion of I)roposed ordinances.
ITEM II FORMAL SESSION: 7:00 1D.m.
A. INVOCATION: Reverend Ral@h Horn
C. ELECTRONIC ROLL CALL OF COUNCIL
D. MINUTES OF PREVIOUS MEETING:
1. Motion to accept/approve the Minutes of 15 September 1980
E. PRESENTATION
1. Tidewater AAA Presentation of Award for Excellence
F. RESOLUTIONS
1. Resolution pertaining to the purchase of goods or merchandise
from Council Members' families.
2. Resolution endorsing the medical facilities proposed for the
Green Run - Plaza area.
3. Resolution supporting the Cleveland Amendment, Section 223 of
HR 6417, which allows for a much more practical and useful
provision of public transportation services to the handicapped.
G. CONSENT AGENDA
All matters listed under the Consent Agenda are considered to be
routine by the 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 requesting officials of the Virginia Department bf
Highways and Transportation to program construction of the
improvements of Kempsville Road, Phase II, and, to establish
them as high priority due to their urqent need.
2. Resolution authorizing the City Manager to execute a contract
with Westview Building Corporation pertaining to a temporary
encroachment into a 300-foot drainage easement.
3. Ordinance appointing Viewers for the petition of Robert W.
Waddell and Grover C. Wright, Jr., Trustees of Virginia Beach
Orthopedic Associates, Inc., Employees Profit Sharing Plan,
for the closure of a portion of South Lynnhaven Road (Lynnhaven
Borough).
4. ordinance appointinq Viewers for the petition of D. Murray
Malbon for the closure of a portion of Jefferson Avenue
(Lynnhaven Borough).
5. ordinance appointing Viewers for the petition of D. Murray
Malbon for the closure of a portion of Wright's Right7,of-
Way (Lynnhaven Borough).
6. Raffle Permit:
FOP Ladies Auxiliary Princess Anne Lodge #8 Raffle
7. Request of the Commissioner of Revenue for license refunds
in the amount of $100.00.
8. Reqtiest of the City Treasurer for tax refunds in the amount
of $1,614.44.
9. Ordinance, on second reading, to provide an additional secre-
tarial position in the City Clerk's Office.
10. Ordinance, on second reading, to accept $2,764,000 from the
Department of Housing and Urban Development and to appropriate
these funds for the Sixth Program Year of the City's Community
Development Block Grant Program.
H. PLANNING ITEMS
1. DEFERRED APPLICATIONS
a. THIS MATTER WAS DEFERRED FOR ONE (11 WEEX UNTIL TODAY
ON SEPTEMBER 15, 1980
Applica tion of Malcolm R. and Margaret L. Blanton for a
change of zoning from AG-2 Agricultural District to B-2
Conmunity-Business District on a 1.40-acre parcel located
at the northeast corner of Sandbridge Road and Banks Lane
(Princess Anne Borough).
1. Letter from the City Manager transmits the recormendation
of the Planning Commission for approval.
2. NEW APPLICATIONS
a. Application of the City of Virginia Beach for the estab-
lishment of an Historic and Cultural District on a .88-acre
site located on the west side of South Witchduck Road,
south of Amberly Road (Kempsville Borough).
1. Letter from the City Manager transmits the recormnendation
of the Planning Commission for approval.
b. Application of Brenda Kaye Hughes for a conditional use
permit for a 24-hour child care center on a .34-acre parcel
located at the northeast corner of Virginia Beach Boulevard
and oceana Boulevard (Lynnhaven Borough).
1. Letter from the City Manager transmits the recommendation
of the Planning Commission for denial.
C. Application of Frank T. Williams for variances to Sections
4.1(m) and 5.5(a) of the Subdivision Ordinance which
requires minimum street pavement widths and curb and gutter.
He wishes to subdivide an approximate 25.56-acre site,
located on the north side of Flanagan's Lane, west of
Sandbridge Road, into eight lots. The lots would average
3.19 acres in size.
1. Letter from the City Manager transmits the recommendatior
of the Planning Commission for approval.
d. Application of Aspen Building Corporation for the vacation
of a five-foot pedestrian access easement along and adjacent
to the rear and side block lines dedicated for the use of
the homeowners of "Windsor Oaks West, Section 6." This
site consists of the Halifax Townhouse Development located
at the intersection of South Plaza Trail and Windsor oaks
Boulevard (Yempsville Borough). This area is for mainte-
nance and access.
1. Letter from the City Manager transmits the recommendatioi
of the Planning Commission for approval.
H. PLANNING ITEMS (continued)
3. STREET CLOSURES
a. Petition of Joseph C. Webb, III, and Angela A. Webb, for
the closure of a portion of Indian Run Road CLynnhaven
Borough). This .281-acre parcel extends westward from its
intersection with Graham Road and consists of a 50-foot
unimproved right-of-way.
1. Letter from the City Manager transmits the recommendation
of the Planning Commission for approval.
4. CZO AMENDMENTS
a. Ordinance to amend and reordain Article 1, Section 101 of
the Comprehensive Zoning Ordinance to include the conser-
vation of forests within the purpose of the Ordinance.
1. Letter from the City Manager transmits the recommendation
of the Planning Commission for approval.
I. ORDINANCES
1. CITY CODE AMENDMENTS
a. Ordinance to amend and reordain Division 3 of Article III
of Chapter 2 of the Code of the City of Virginia Beach,
Virginia, relating to administration of the Basic Pay Plan.
b. Ordinance to amend Section 33-9 of the Code of the City of
Virginia Beach pertaining to interest when personal property
taxes are not paid on time.
C. Ordinance to amend Section 33-7.11 of the Code of the City
of Virginia Beach pertaining to interest when service
charge on tax exempt real estate is not paid on time.
d. ordinance to amend Section 33-3 of the Code of the City of
Virginia Beach pertaining to interest when real estate tax
in not paid on time.
e. Ordinance to amend and reordain Section 37-29(b)(2.1) of the
Code of the City of Virginia Beach, Virginia, relating to
water line fees for two or more residential dwelling units.
f. Ordinance to amend and reordain Section 29-3(B)(2.1) of the
Code of the City of Virginia Beach, Virginia, relating to
sewer line fees for two or more residential dwelling units.
g. Ordinance to amend and reordain Chapter 20, Division 5,
Sections 20-104 through 20-111 of the Code of the City of
Virgihia Beach, Virginia, pertaining to barbershops, beauty
parlors, etc.
ORDINANCES (continued)
2. BIDS
a. Low bid of A & W Contractors, Inc. in the amount of
$808,310.95, for the North Virginia Beach Sanitary
Sewerage system and Water Line Contract,
AND, authorize the City Manager to enter into the
necessary agreements for the implementation of this
project.
J. OLD BUSINESS
1. Robert R. Lemon regarding Mail Box Lane.
K. NEW BUSINESS
L. ADJOURNMENT
1. Motion for adjournment
M I N U T E S
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
22 September 1980
The Regular Meeting of the Council of th6 City of Virginia Beach,
Virginia, was called to order by Mayor J. Henry McCoy, Jr., in
the Conference Room, in the Administration Building, on Monday,
22 September 1980 at five-thirty o'clock in the evening.
Council Members Present:
John A. Baum, F. Reid Ervin, Vice Mayor Harold Heischober,
Barbara M. Henley, Clarence A. Holland, W. H. Kitchin, III,
Reba S. McClanan, Mayor J. Henry McCoy, Jr. , Donald W.
Merrick, Meyera E. Oberndorf, and Patrick L. Standing
Council Members Absent:
None
ITEM #15619
Mayor McCoy entertained a motion to permit Council to conduct its
INFORMAL SESSION to be followed by an EXECUTIVE SESSION for the
purpose of discussing the following:
1. Discussion or consideration of employment,
assignment, appointment, promotion, demotion,
salaries, discipline or resignation of public
officers, or employees of any public body.
(Personnel Matters).
2. Consultation with legal Counsel and briefing by
staff members, consultants, or attorneys pertaining
to actual or potential litigation, or other legal
matters within the jurisdiction of the publ ic body.
(Legal Matters).
2-
Upon motion by Councilman Standing, seconded by Councilman Holland,
City Council voted to proceed into the EXECUTIVE SESSION following
the INFORMAL SESSION.
Voting'. 11-0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, Vice Mayor Harold Heischober,
Barbara M. Henley, Clarence A. Holland, W. H. Kitchin, III,
Reba S. McClanan, Mayor J. Henry McCoy, Jr., Donald W.
Merrick, Meyera E. Oberndorf, and Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
None
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M A T T E R S B Y C 0 U N C I L M E M B E R S
ITEM #15620
Councilman Holland presented to Council a Resolution regarding the
availability of optimal, cost-effective health care for the residents
of the City of Virginia Beach, (Green Run-Plaza area).
Councilman Holland requested the Resolution replace the one in the
Council Agenda on the FORMAL SESSION, (Item II-F.2).
At a meeting of the Council of the City of Virginia Beach,
Virginia, held on the day of 1 980 ,
the following Resolution was adopted.
R E S 0 L U T I 0 N
WHEREAS, the availability of optimal, cost-effective health
care for the residents of this City is of great importance; and,
WHEREAS, local physician members of the Virginia Beach Medical
Society are providing primary medical care in the Green Run area and
actively developing expanded services for this growing Community; and,
WHEREAS, the establishment of medical centers in Virginia
Beach by interests primarily to refer patients away from the local
facilities will inhibit the continued growth and development of our
medical community; and,
WHEREAS, continuity of care and cost containment are major
goals in the delivery of primary health care.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA:
That the Council supports the Virginia Beach Medical Society
in its efforts to provide optimal primary health care for Virginia
Beach residents.
BE IT FURTHER RESOLVED that the Council of the City of
Virginia Beach is opposed to intrusion by interests which would retard
development of the evolving medical care capabilities within the City
of Virginia Beach.
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ITEM #15621
Councilwoman Henley advised Council of a press release from the
Department of Parks and Recreation indicating their willingness
to hold "Town Hall" meetings, in the month of October, 1980.
ITEM #15622
Councilman Ervin advised Council the Ordinances to amend and reordain
Sections 37-29(b)(2.1), and 29-3(B)(2.1), relating to water and sewer
line fees had been placed on the Agenda for Council action; however,
due to some concern over the wording he requested they be DEFERRED for
two (2) weeks, (October 6, 1980).
ITEM #15623
Councilwoman Oberndorf made reference to a letter received in the
For Your Information section of the Agenda regarding the parking
problems on Lord Nelson Drive due to parishioners parking in yards,
etc.
The City Manager advised Council he will investigate this matter
further.
ITEM #15624
Councilman Standing discussed with Council the proposed Resolution
pertaining to the purchase of goods or merchandise from Council
Members' families.
Councilwoman Oberndorf advised Council this Resolution would be POLICY
only.
ITEM #15625
Councilman Standing requested the City's Travel Policy be studied for
possible changes.
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I N F 0 R M A L A G E N D A
ITEM #15626
The City Manager discussed with Council the difference between the
proposed Pay Plan and Pay Schedule, and advised them the matter will
be on the FORMAL AGENDA for Council action.
ITEM #15627
The City Manager discussed with Council the bids received for the
Rudee Inlet Sand Trap Dredging:
Cottrell Engineering $295,000
Norfolk Dredging $302,000
ITEM #15628
The City Manager discussed with Council the amendments to Article 1,
Section 1, pertaining to Conservation of Forests, and advised them
the matter will be on the FORMAL AGENDA for Council action.
i
Robert J. Scott, Planning Director, appeared regarding this matter.
ITEM #15629
The City Manager discussed with Council the amendments to Article V-A
and Section 2-57.1 of the City Code pertaining to the Department of
Fire Protection, and advised Council the Ordinances will be brought
to Council for action at a later date.
Chief Harry Diezel appeared concerning this matter.
Council recessed into the EXECUTIVE SESSION (6:35 p.m.), for briefing
prior to the FORMAL SESSION of City Council.
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F 0 R M A L S E S S I 0 N
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
22 September 1980
Seven O'Clock in the Evening
Council Members Present:
John A. Baum, F. Reid Ervin, Vice Mayor Harold Heischober,
Barbara M. Henley, Clarence A. Holland, W. H. Kitchin, III,
Reba S. McClanan, Mayor J. Henry McCoy, Jr., Donald W.
Merrick, Meyera E. Oberndorf, and Patrick L. Standing
Council Members Absent:
None
INVOCATION: Reverend Ralph Horn, Pastor, Blackwater Baptist Church.
PLEDGE OF ALLEGIANCE
M I N U T E S
ITEM II-D.1 ITEM #15630
Upon motion by Councilwoman Oberndorf, seconded by Councilman Baum,
City Council voted to APPROVE the Minutes of the Regular Meeting of
15 September 1980.
Voting 1 1 -0
7-
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, Vice Mayor Harold Heischober,
Barbara M. Henley, Clarence A. Holland, W. H. Kitchin, III,
Reba S. McClanan, Mayor J. Henry McCoy, Jr., Donald W.
Merrick, Meyera E. Oberndorf, and Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
None
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P R E S E N T A T I 0 N
ITEM II-E.1 ITEM #15631
Mr. E. W. Timmons, Director of Public Affairs for the Tidewater
Automobile Association, appeared before Council to introduce
Ivan D. Mapp, a Director of the Tidewater Automobile Association,
who will present the City with the American Automobile Association
Award for Excellence.
Mr. Mapp advised Council that the City won the Award after competing
with 46 other Cities in the 200,000 to 500,000 population range.
R E S 0 L U T I 0 N S
ITEM II-F.1 ITEM #15632
Requested by: Council Member Meyera E. Oberndorf
A meeting of the Council of the City of Virginia Beach,
Virginia, was held in the Council Chambers, in the Administration
Building, on the Twenty-Second day of September, 1980.
On motion by - , seconded by
the following Resolution was adopted.
A RESOLUTION PERTAINING TO THE
PURCHASE OF GOODS OR MERCHANDISE
FROM COUNCIL MEMBERS' FAMILIES
WHEREAS, in the opinion of Council the purchase by the
City of goods or merchandise from a Council Member's family may
raise an inference of impropriety and may erode the public confidence
and trust in City Government; and,
WHEREAS, it is the desire of the Council of the City of
Virginia Beach to restrict the purchase of goods or merchandise from
Council Members in order to foster and maintain public confidence and
trust in City Government.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA:
1. That for the purposes of this Resolution "Council Member's
family" shall mean collectively the mother, father, spouse, sisters,
brothers and children of a member of the Council of the City of Virginia
Beach.
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2. That the Council pursuant to Section 3.05 of the Charter
of the City of Virginia Beach does hereby establish the following
policy with respect to the conduct and operation of.all Departments,
Bureaus, Divisions, Boards, Commissions, Offices and Agencies of the
City (hereinafter referred to collectively as the "City").
a. The City shall not purchase, lease or lease-
purchase any goods or merchandise from any Council Member's family.
b. The City shall not purchase, lease or lease-
purchase any goods or merchandise from any firm, partnership or
other business entity where any Counc il Member ' s f amily is in vol ved
in the transaction as a salesperson, agent or other representative
of such firm, partnership or other business entity, or where the
transaction is otherwise negotiated or concluded by any Council
Member's family.
c. The City shall not purchase, lease or lease-
purchase any goods or merchandise from any firm, partnership or
other business entity in which any Council Member's family has a
five percent (5%) or more ownership interest.
3. That the City Manager is directed to transmit a copy
of this Resolution to the heads of all Departments, Bureaus, Divisions,
Boards, Commissions, Offices and Agencies of the City.
DENIED: 22 September 1980
Adopted by the Council of the City of Virginia Beach, Virginia,
on the day of 1 980.
Councilwoman Oberndorf made a motion, seconded by Councilwoman Henley,
to ADOPT the Resolution that was drafted by the City Attorney's Off ice
pertaining to the purchase of goods or merchandise from Council Members'
families.
Vice Mayor Heischober offered a SUBSTITUTE MOTION, seconded by Councilman
Standing, to DENY the Resolution pertaining to the purchase of goods or
merchandise from Council Members' families.
The City Attorney advised Vice Mayor Heischober a SUBSTITUTE MOTION
was not needed as the main motion was for APPROVAL of the Resolution.
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Vice Mayor Heischober WITHDREW his SUBSTITUTE MOTION.
Voting 2- 8
Council Members Voting Aye:
Barbara M. Henley, and Meyera E. Oberndorf
Council Members Voting Nay:
John A. Baum, F. Reid Ervin, Vice Mayor Harold Heischober,
Clarence A. Holland, W. H. Kitchin, III, Reba S. McClanan,
Vice Mayor J. Henry McCoy, Jr., and Patrick L. Standing
Council Members Abstaining:
Donald W. Merrick
Council Members Absent:
None
ITEM II-F.2 ITEM #15633
COUNCILMAN STANDING LEFT COUNCIL CHAMBERS
At a meeting of the Council of the City of Virginia Beach,
Virginia, held on the day of 1980,
the following Resolution was adopted.
R E S 0 L U T I 0 N
WHEREAS, the availabil ity of optimal , cost-effective health
care for the residents of this City is of great importance; and,
WHEREAS, local physician members of the Virginia Beach Medical
Society are providing primary medical care in the Green Run area and
actively developing expanded services for this growing Community; and,
WHEREAS, the establishment of medical centers in Virginia
Beach by interests primarily to refer patients away from the local
facil ities will inhibit the continued growth and development of our
medical community; and,
WHEREAS, continuity of care and cost containment ar e maj.or
goals in the del ivery of primary health care.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA:
That the Council supports the Virginia Beach Medical Society
in its efforts to provide optimal primary health care for Virginia
Beach residents.
BE IT FURTHER RESOLVED that the Council of the City of
Virginia Beach is opposed to intrusion by interests which would retard
development of the evolving medical care capabilities within the City
of Virginia Beach.
Mrs. Vivian Hitchcock appeared in opposition to the Resolution
Upon motion by Councilman Holland, seconded by Mayor McCoy, City Council
voted to ADOPT the substitute Resolution endorsing the medical facilities
proposed for the Green Run-Plaza area ; and, advised the citizens that the
City is not supporting one group or another, but are supporting the concept.
of medical care, which would be optimal to the citizens of Virginia Beach.
Voting 1 0 - 0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, Vice Mayor Harold Heischober,
Barbara M. Henley, Clarence A. Holland, W. H. Kitchin, III,
Reba S. McClanan, Mayor J. Henry McCoy, Jr., Donald W.
Merrick, Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Patrick L. Standing
1 3-
ITEM II-F.3 ITEM #15634
At a meeting of the Council of the City of Virginia Beach,
Virginia, on the Twenty-Second day of September, 1980, the following
Resolution was ad@pted.
R E S 0 L U T I 0 N
WHEREAS, the House of Representatives of the Congress of the
United States will soon consider a Bill, House Resolution 6417, referred
to as the Federal Publ ic Transportation Act of 1 980 ; and ,
WHEREAS, the Cleveland Amendment, Section 223 of House
Resolution 6417, would allow for a more practical and effective
provision of public transportation to the handicapped than the current
requirement; and,
WHEREAS, the Tidewater Transportation District Commission
has unanimously endorsed the Cleveland Amendment to this legislation.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
THAT the Council of the City of Virginia Beach strongly
supports this amendment and hereby requests that the Congress of
the United States adopt said House Resolution 6417.
BE IT FURTHER RESOLVED that the City Clerk is requested to
forward a copy of this Resolution to each member of Congress representing
the City of Virginia Beach.
Adopted by the Council of the City of Virginia Beach, Virginia,
on the Twenty-Second day of September, 1980.
Upon motion by Councilwoman Oberndorf, seconded by Councilman Holland,
City Council voted to ADOPT the Resolution supporting House Resolution
6417 referred to as the Federal Transportation Act of 1980.
AND, requested the City Clerk to forward a copy of this Resolution to
each member of Congress representing the City of Virginia Beach.
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Voting 1 0 -0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, Vice Mayor Harold Heischober,
Barbara M. Henley, Clarence A. Holland, W. H. Kitchin, III,
Reba S. McClanan, Mayor J. Henry McCoy, Jr., Donald W.
Merrick, Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Patrick L. Standing
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C 0 N S E N T A G E N D A
ITEM II-G ITEM #15635
Upon motion by Councilman Baum, seconded by Councilman Holland, City
Council agreed to separate Item II-G.9 from the CONSENT AGENDA.
Voting : I 0 -0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, Vice Mayor Harold Heischober,
Barbara M. Henley, Clarence A. Holland, W. H. Kitchin, III,
Reba S. McClanan, Mayor J. Henry McCoy, Jr., Donald W.
Merrick, Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Patrick L. Standing
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The remaining items listed as the Consent Agenda were considered and
enacted by ONE MOTION:
ITEM II-G.1 ITEM #15636
R E S 0 L U T I 0 N
WHEREAS, the Virginia Department of Highways and Transportation
has indicated its willingness to initiate the improvement of Kempsville
Road, Phase II, in the City of Virginia Beach; and,
WHEREAS, the contemplated improvement is urgently needed and
is in consonance with the Southeastern Regional Master Transportation
P I a n .
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA:
THAT, the Virginia Department of Highways and Transportation
is hereby requested to program the construction of the improvement of
Kempsville Road, Phase II, from 0.283 miles, South of Indian River Road,
to 0.218 miles, Southwest of Centerville Turnpike, including its
intersection with and transitions along Centerville Turnpike (approximately
0.24 miles each direction).
AND, that such programming and construction be established as
a priority for the expedient accomplishment of this urgently needed
highway improvement in Virginia Beach.
BE IT FURTHER RESOLVED, that the City of Virginia Beach does
hereby agree to pay five percent (5%)of the construction cost of said
project, five percent (5%) of the utility relocation costs and adjust-
ment of said project, according to Highway Department Policy, and one
hundred percent (100%) of the engineering design, and right-of-way
acquisition cost, and the necessary funds will be appropriated for
these purposes. The Highway Department will provide the required State
Environmental Impact Statement for the project.
AND BE IT FURTHER RESOLVED, that the City of Virginia Beach
agrees that if such project is established and Virginia Beach decides
at any time not to proceed further with it then, by this Resolution,
Virginia Beach agrees to reimburse the Highway Department for one
hundred percent (100%) of the cost incurred for said project, up to
the time of its abandonment.
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Upon motion by Councilman Baum, seconded by Councilman Holland, City
Council voted to uphold the recommendation of the City Manager and
APPROVE the Resolution requesting officials of the Virginia Department
of Highways and Transportation to program construction of the improve-
ments of Kempsville Road, Phase II; and, to establish them as high
priority due to their urgent need.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, Vice Mayor Harold Heischober,
Barbara M. Henley, Clarence A. Holland, W. H. Kitchin, III,
Reba S. McClanan, Mayor J. Henry McCoy, Jr., Donald W.
Merrick, and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Patrick L. Standing
9/22/80
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ITEM II-G.2 ITEM #15637
At a Regular Meeting of the Council of the City of Virginia
Beach, Virginia, duly called and held in the Council Chambers of the
Administration Building, on the Twenty-Second day of September, 1980,
the following Resolution was adopted:
RESOLUTION AUTHORIZING THE CITY MANAGER
TO EXECUTE A CONTRACT WITH WESTVIEW
BUILDING CORPORATION PERTAINING TO A
TEMPORARY ENCROACHMENT INTO A 300 FOOT
DRAINAGE EASEMENT
WHEREAS, Westview Building Corporation is the fee simple
owner of property and appurtenances thereon, in the Princess Anne
Borough, of the City of Virginia Beach, Virginia, commonly known as
Cardinal Estates, Sections 1 and 2, and more particularly described
by deed recorded in the Clerk's Office of the Circuit Court of the
City of Virginia Beach, Virginia, in Deed Book 1987, at Page 395;
a n d ,
WHEREAS, there exists a 300-foot drainage easement dedicated
to the City of Virginia Beach for drainage purposes, 150 feet of which
is located on the property of Westview Building Corporation; and,
WHEREAS, Westview Building Corporation, its heirs, successors
and assigns have agreed to remove all structures or appendages encroach-
ing on the hereinabove described easement within thirty (30) days after
receipt of written notice given by the City of Virginia Beach, Virginia.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
That the City Manager is hereby authorized to execute an
agreement with Westview Building Corporation allowing said Corporation
to keep existing encroachments within the City drainage easement and
requiring Westview Building Corporation to remove same within thirty
(30) days written notice by the City of Virginia Beach.
Adopted by the Council of the City of Virginia Beach, Virginia,
on the Twenty-Second day of September, 1980.
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Upon motion by Counc il man Baum, seconded by Council man Hol land, City
Council voted to uphold the recommendation of the City Manager and
APPROVE the Resolution authorizing the City Manager to execute a
contract with Westview Building Corporation pertaining to a temporary
encroachment into a 300-foot drainage easement.
Voting : 1 0 -0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, Vice Mayor Harold Heischober,
Barbara M. Henley, Clarence A. Holland, W. H. Kitchin, III,
Reba S. McClanan, Mayor J. Henry McCoy, Jr., Donald W.
Merrick, and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Patrick L. Standing
- 20 -
ITEM II-G.3 ITEM #15638
ORDINANCE APPOINTING VIEWERS
WHEREAS, Robert W. Waddell and Grover C. Wright, Jr.,
Trustees of Virginia Beach Orthopedic Associates, Inc., Employees
Profit Sharing Plan, have given due and proper notice in accord with
law that they would, on the Twenty-Second day of September -, 1980,
apply to the City Council of the City of Virginia Beach, Virginia, for
the appointment of Viewers to view the below described portion of South
Lynnhaven Road at its intersection with Lee Highlands Boulevard, in the
Lynnhaven Borough, in the City of Virginia Beach, Virginia, and to
report in writing to this Council whether, in the opinion of said Viewers
any, and if any, what inconvenience would result from the discontinuance,
closure and abandonment of said portion of South Lynnhaven Road; and,
WHEREAS, such application has been properly filed with this
Council; and,
WHEREAS, all requirements of law have been met.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA, that C. Oral Lambert, David M. Grochmal, and
Robert J. Scott, be, and each of them is hereby appointed to view that
portion of South Lynnhaven Road at its intersection with Lee Highlands
Boulevard, adjacent to Parcel A as shown on that certain plat entitled:
"Preliminary Plat Showing a Portion of the Existing Right-of-Way, South
Lynnhaven Road, Adjacent to Parcel A, Replat of Corrected Replat of
Lots 61-70, Inclusive, Princess Anne Plaza, Section 21, to be Closed
and Vacated by the City of Virginia Beach, Virginia, Lynnhaven Borough,
Virginia Beach, Virginia", dated July 28, 1980, made by Rouse-Sirine
Associates, Ltd., Surveyors-Engineers, Virginia Beach, Virginia.
Upon motion by Councilman Baum, seconded by Councilman Holland, City
Council voted to uphold the recommendation of the City Manager and
APPROVE the Ordinance appointing Viewers for the petition of Robert
W. Waddell and Grover C. Wright, Jr., Trustees of Virginia Beach
Orthoped ic As soc iate s , Inc . , Empl oyees Profit Sharin g Plan, for the
closure of a portion of South Lynnhaven Road, in the Lynnhaven Borough.
Voting I 0 -0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, Vice Mayor Harold Heischober,
Barbara M. Henley, Clarence A. Holland, W. H. Kitchin, III,
Reba S. McClanan, Mayor J. Henry McCoy, Jr., Donald W.
Merrick, and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Patrick L. Standing
-22 -
ITEM II-G.4 ITEM #15639
ORDINANCE APPOINTING VIEWERS
WHEREAS, D. Murray Malbon has given due and proper notice, in
accordance with the Statutes of s,ich cases made and provided that they
wiII on the Twen ty-Secon d day of Sep tember, 1 980 , apply to the City
Council of the City of Virginia Beach, Virginia, for the appointmerit 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 the Council.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
THAT, C. Oral Lambert, David M. Grochmal, and Robert J. Scott,
are hereby appointed to view the below-described property and report in
writing to the Council on or before October 27, 1980, 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:
Beginning at a point where the Easterly side of
Jefferson Avenue as shown on a plat entitled
"Virginia Beach Annex No. 2", which plat is re-
corded in the Clerk's Office of the Circuit
Court of Virginia Beach, Virginia, in Map Book
3, at Page 24, intersects with the Southerly
side of 19th Street; thence South 83 degrees
26' 11" West 21.90 feet along the Southerly side
of 19th Street; thence South 8 degrees 5' 21" West
72.29 feet; thence South 6 degrees 24' 39" East
329.20 feet; thence North 83 degrees 35' 21" East
9.35 feet; thence along curve to the right
(radius: 420 feet), 41.35 feet; thence along a
curve right (radius: 420 feet), 24.40 feet; thence
North 14 degrees 40' 16" West 33.05 feet; thence
North 6 degrees 24' 39" West 21 8.04 feet to the point
of beginning.
All the above as shown upon that certain plat entitled,
"Closure of Wright's Right-of-Way and a portion of Jefferson Avenue,
and a resubdivision of unnumbered Lot and Lot 2, Virginia Beach Annex,
No. 2 (Map Book 13, Page 24), and Sections A, B, C, and D, A Division
of Albert Wright's Estate (Map Book 13, Page 2), Vacated Wright's
Right-of-Way (Map Book 13, Page 2), and Portion of Vacated Jefferson
Avenue (Map Book 13, Page 24), Lynnhaven Borough, Virginia Beach, Virginia,"
which plat is attached hereto and made a part hereof and inten-ded to be
recorded with the Ordinance closing the aforedescribed street.
- 23-
Upon motion by Councilman Baum, seconded by Councilman Holland, City
Council voted to uphold the recommendation of the City Manager and
APPROVE the Ordinance appointing Viewers for the petition of D. Murray
Malbon for the closure of a portion of Jefferson Avenue, in the
Lynnhaven Borough.
Voting 1 0 - 0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, Vice Mayor Harold Heischober,
Barbara M. Henley, Clarence A. Holland, W. H. Kitchin, III,
Reba S. McClanan, Mayor J. Henry McCoy, Jr., Donald W.
Merrick, and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Patrick L. Standing
- 24-
ITEM II-G.5 ITEM #15640
ORDINANCE APPOINTING VIEWERS
WHEREAS, D. Murray Malbon has given due and proper notice,
in accordance with the Statutes for such cases made and provided that
they will on the Twenty-Second, day of September, 1980, apply to the
City Council of the City of Virginia Beach, Virginia, for the appoint-
ment 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 certain street, and has filed such
application with said Council.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA:
THAT, C. Oral Lambert, David M. Grochmal, and Robert J. Scott,
are hereby appointed to view the below-described property and report in
writing to the Council on or before October 27, 1980, whether in their
opinion, any, and if any, what inconvenience would result in the
discontinuing and vacating that certain street located in the City of
Virginia Beach, Virginia, and more particularly described as follows:
Beginning at a point designated as the Northeastern
corner of Section A as shown in a plat entitled
"A Division of Albert Wright's Estate", which said
plat is recorded in the Clerk's Office of the
Circuit Court of the City of Virginia Beach, Virginia,
in Map Book 13, at Page 2; thence South 7 degrees
3' 48" West 299.85 feet; thence North 84 degrees 38'
48" East 2.62 feet; thence 8 degrees 5' 21" East
301.14 feet; thence South 84 degrees 19' 4" West 8.15
feet to the point of beginning. The said Wright's
Right-of-Way is erroneously shown on the aforesaid
plat as a 15-foot right-of-way when in fact it is
299.85 feet by 2.62 feet by 301.13 feet by 8.15 feet.
All the above as shown upon that certain plat entitled,
"Closure of Wright's Right-of-Way and a portion of Jefferson Avenue,
and a resubdivision of unnumbered Lot and Lot 2, Virginia Beach Annex
No. 2 (Map Book 13, Page 24), and Sections A, B, C, and D, A Division
of Albert Wright's Estate (Map Book 13, Page 2), Vacated Wright's
Right-of-Way (Map Book 13, Page 2), and Portion of Vacated Jefferson
Avenue (Map Book 3, Page 24), Lynnhaven Borough, Virginia Beach,
Virginia," which plat is attached hereto and made a part hereof and
intended to be recorded with the Ordinance closing the aforedescribed
street.
Upon motion by Coun c il man Baum , seconded by Coun c il man Hol 1 and , C ity
Council voted to uphold the recommendation of the City Manager and
APPROVE the Ordinance appointing Viewers for the petition of D. Murray
Malbon for the closure of a portion of Wright's Right-of-Way, in the
Lynnhaven Borough.
Voting : 1 0- 0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, Vice Mayor Harold Heischober,
Barbara M. Henley, Clarence A. Holland, W. H. Kitchin, III,
Reba S. McClanan, Mayor J. Henry McCoy, Jr., Donald W.
Merrick, and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Patrick L. Stan@ing
-26 -
ITEM II-G.6 ITEM #15641
Upon motion by Councilman Baum, seconded by Councilman Holland, City
Council voted to uphold the recommendation of the City Manager and
APPROVE the Raffle Permit for FOP Ladies Auxiliary Princess Anne
Lodge #8.
Voting : 1 0 -0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, Vice Mayor Harold Heischober,
Barbara M. Henley, Clarence A. Holland, W. H. Kitchin, III,
Reba S. McClanan, Mayor J. Henry McCoy, Jr., Donald W.
Merrick, and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Patrick L. Standing
- 27-
ITEM II-G.7 ITEM #15642
Upon motion by Councilman Baum, seconded t)-y Councilman Holland, City
Council voted to uphold the recommendation of the City Manager and
APPROVE the request of the Commissioner of the Revenue for license
refunds in the amount of $100.00.
Voting: 1 0 -0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, Vice Mayor Harold Heischober,
Barbara M. Henley, Clarence A. Holland, W. H. Kitchin, III,
Reba S. McClanan, Mayor J. Henry McCoy, Jr., Donald W.
Merrick, and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Patrick L. Standing
28-
AN ORDINANCE AUTHORIZIIIG LICENSE REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF TliE REVENUE
BE.IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for license refunds, upon certification
of the Commissioner of the Revenue are hereby approved:
LICENSE DATE
NAME YEAR PAID BASE PENALTY INT. TOTAL
David W. Hurst 1980 7/3 0/8 0 $3 1. 2 5 3 1. 2 5
Box 239
Hayes, Va. 23072
License Revoked by Zoning
croteau, John 1980 6/6/80 25.00 2 5. 00
110 S. Fir Ave.
Va..Beach, Va. 23452
License Revok ed by Zoning
Cubilla, John R. 1980 7/28/80 43.75 43.75
5401 Challedon Drive
Va. Beach, Va. 23462
License Revoked by Zorilmq,
-ified t:
van D.
Commissioner of Reveiiu(-@
Approved as to form:
-711,llfo
-]Yale Brimsbn
ity Attorney
The above abatement(s) totaling $ 100-00 -Were approved by the
council of the City of Virginia Beach on the,4@ day of
1 9
u Hodgs it
City Clerk
@9-
ITEM II-G.8 ITEM #15643
Upon motion by Councilman Baum, seconded by Councilman Holland, City
Council voted to uphold the recommendation of the City Manager and
APPROVE the request of the City Treasurer for tax refunds in the
amount of $1,614.44.
Voting I 0 - 0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, Vice M@yor Harold Heischober,
Barbara M. Henley, Clarence A. Holland, W. H. Kitchin, III,
Reba S. McClanan, Mayor J. Henry McCoy, Jr., Donald W.
Merrick, and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Patrick L. Standing
M NO. C. A. 7
-30 - 9/8/80 Ef,.0
AN ORDINANCE AUTHORIZING TAX REFUNDS
UPON APPLICATION OF CERTAIN PERSONS
AND UPON CERTIFICATION OF THE TREASURER
FOR PAYMENT
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for tax refunds upon certification of the Treasurer are hereby approved:
NAME Tax Type ticket Exonera- Date Penalty Int. Total
Year of Tax Number tion No. Paid
Dickenson, William N. 79 pp 115565 12/5/79 1,575.30,/
Vance, Carl 80 pp 96395 8/13/80 22.64/
Picciano, Ronald E. 80 Pkng 59792 8/4/80 3.00@
Nogavich, R. A. 80 CD 135891 8/22/80 7.50@
Ciesielski, Bret A. 80 Pkng 35052 7/21/80 6.00@
Total 1,614.44
This ordinance shall be effective from date of adoption.
Th b
o@ abatement(s) totaling
were approved by
the Council of the City of V)rginia
Beach on the@day of
Approv@ as to form/9
Ruth Hodges Smith
City Clerk
- 31-
ITEM II-G.10 ITEM #15644
AN O@DINANCE TO ACCEPT $2,764,000
FROM THE DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT AND TO APPROPRIATE
THESE FUNDS
WHEREAS, the Department of Housing and Urban Development (HUD)
has approved the funding for activities in the Sixth Program Year
of the City's Community Development Block Grant (CDBG): AND,
WHEREAS, the City wishes to accept this funding.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
That the City Manager is hereby authorized to accept the funds
for the City.
That these funds be hereby appropriated for the following purposes:
Total
Appropriations
CDBG Sixth Program Year Activities $2,764,000
That the appropriations be financed 100% by federal funds from
HUD, with no local match required.
That a total of twenty-two permanent positions be authorized for
the duration of the Grant, to be paid from the Grant, with classes of
employees to be determined by the City Manager.
That this Community Development Block Grant (CDBG), appropriation
may be transferred between activities, within the limits established by
HUD, upon approval of the City Manager.
FIRST READING: 15 September 1980
SECOND READING: 22 September 1980
Adopted by the Council of the City of Virginia Beach, Virginia,
on the Twenty-Second day of September 1980.
- 31
Upon motion by Councilman Baum, seconded by Councilman Holland, City
Council voted to uphold the recommendation of the City Manager and
APPROVE the Ordinance on SECOND READING to accept $2,764,000 from the
Department of Housing and Urban Development and to appropriate these
funds for the Sixth Program Year of the City's Community Development
Block Grant Program.
Voting : 1 0 -0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, Vice Mayor Harold Heischober,
Barbara M. Henley, Clarence A. Holland, W. H. Kitchin, III,
Reba S. McClanan, Mayor J. Henry McCoy, Jr., Donald W.
Merrick, and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Patrick L. Standing
- 3.3.
ITEM II-G.9 ITEM #15645
AN ORDINANCE TO PROVIDE AN ADDITIONAL
SECRETARIAL POSITION IN THE CITY CLERK'S
OFFICE
WHEREAS, additional responsibilities have been placed upon
the City Clerk's office in relation to the efficient maintenance of
records; and,
WHEREAS, there is a need for one additional secretarial
position in order to effectively handle the increased workload; and,
WHEREAS, the funding needed to create an additional secretarial
position including fringe benefit costs for the 1981 fiscal year is
$ 9 , 61 0 .
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA, that funds of $9,610 be appropriated from
the General Fund Balance in order to create an additional secretarial
position in the City Clerk's office.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the - 22nd day of September 1980.
FIRST READING: 15 September 1980
SECOND READING: 22 September 1980
Th is Ordin an ce shal 1 be effecti ve from date of adoption.
- @ 3,4-
Upon motion by Councilman Baum, seconded by Councilman Ervin, City
Council voted to APPROVE on SECOND READING the Ordinance to provide
an additional secretarial position in the City Clerk's Office, in
the amount of $9,610.
Voting: 8- 2
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, Vice Mayor Harold Heischober,
Clarence A. Holland, W. H. Kitchin, III, Reba S. McClanan,
Mayor J. Henry McCoy, Jr., Donald W. Merrick
Council Members Voting Nay:
Barbara M. Henley, and Meyera E. Oberndorf
Council Members Absent:
Patrick L. Standing
35-
P L A N N I N G A G E N D A
ITEM II-H.l.a ITEM #15646
Mrs. Margaret Blanton appeared in behalf of the application.
Upon motion by Councilman Baum, seconded by Vice Mayor Heischober, City
Council voted to APPROVE WITHDRAWAL of the application of MALCOLM R. AND
MARGARET L. BLANTON for a Cha ng@ of Z.ning District Classification, as
per the following; AND, REFUND OF TH E $20U.UU fee, and the drawing of a
Resolution detailing specific plans of the application.
Ordinance upon application of Malcolm R. and Margaret
L. Blanton for a Change of Zoning District Classifi-
cation from AG-2 Agricultural District to B-2 Community-
Business District on certain property located at the
Northeast corner of Sandbridge Road and Banks Lane,
running a distance of 262 feet along the North side of
Sandbridge Road, running a distance of 280 feet along
the Eastern property line, running a distance of 182
feet along the Northern property line and running a
distance of 273.50 feet along the East side of Banks
Lane. Said parcel contains 1.40 acres. PRINCESS ANNE
BOROUGH.
Voting: 10-0
Council Members Voting Aye: (for withdrawal)
John A. Bawn, F. Reid Ervin, Vic6 Mayor Harold Heischober,
Barbara M. Henley, Clarence A. Holland, W. H. Kitchin, III,
Reba S. McClanan, Mayor J. Henry McCoy, Jr., Donald W.
Merrick, and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Patrick L. Standing
- 36-
ITEM II-H.2.a ITEM #15647
Upon motion by Councilwoman Oberndorf , seconded by Councilwoman Henley,
City Council voted to uphold the recommendations of the Planning
Commission and APPROVE the application of the CITY OF VIRGINIA BEACH
for the establishment of an HISTORIC AND CULTURAL DISTRICT, as per the
following:
ORDINANCE BY RESOLUTION OF THE COUNCIL OF THE Z0980526
CITY OF VIRGINIA BEACH TO ESTABLISH AN HISTORIC
AND CULTURAL DISTRICT
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA,
THAT:
Ordinance by Resolution of the Council of the City of Virginia Beach
to establish an Historic and Cultural District on certain property
located on the West side of South Witchduck Road beginning at a point
247.11 feet South of Amberly Road, running a distance of 171.76 feet
along the West side of South Witchduck Road, running a distance of
166.69 feet in a Northwesterly direction, running a distance 144.29
feet in a Southwesterly direction, running a distance of 138.40 feet
in a Northwesterly direction, running a distance of 251.95 feet more
or less along the Northern property line and running a distance of
98 feet more or less in a Southeasterly direction. Said parcel
contains .88 acre. KEMPSVILLE BOROUGH.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, Vice Mayor Harold Heischober,
Barbara M. Henley, Clarence A. Holland, W. H. Kitchin, III,
Reba S. McClanan, Mayor J. Henry McCoy, Jr., Donald W.
Merrick, and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Patrick L. Standing
-.3 7-
ITEM II-H.2.b ITEM #15648
Mrs. Kate S. Jennette appeared in opposition.
Lieutenant Commander Sam Jackson appeared in opposition.
Upon motion by Councilman Merrick, seconded by Councilman Ervin,
City Council voted to uphold the recommendations of the Planning
Commission and DENY the application of BRENDA KAYE HUGHES for a
Conditional Use Permit, as per the following:
Ordinance upon application of Brenda Kay Hughes for a
Conditional Use Permit for a 24-hour child care center
on certain property located at the Northeast corner of
Virginia Beach Boulevard and Oceana Boulevard, running
a distance of 100 feet along the North side of Virginia
Beach Boulevard, running a distance of 150 feet along
the Eastern property line, running a distance of 100
feet along the Northern property line and running a
distance of 150 feet along the East side of Oceana
Boulevard. Said parcel contains .34 acre. LYNNHAVEN
BOROUGH.
Voting: 10-0
Council Members Voting Aye: (for denial)
John A. Baum, F. Reid Ervin, Vice Mayor Harold Heischober,
Barbara M. Henley, Clarence A. Holland, W. H. Kitchin, III,
Reba S. McClanan, Mayor J. Henry McCoy, Jr., Donald W.
Merrick, and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Patrick L. Standing
-3 8
ITEM II-H.2.c ITEM #15649
Mr. Bruce Gallop, Engineer on the project, appeared in behalf of the
applicant.
Upon motion by Councilwoman McClanan, seconded by Councilman Baum,
City Council voted to uphold the recommendations of the Planning
Commission and APPROVE the request of FRANK T. WILLIAMS for variances
as per the following; subject to the condition as outlined in the City
Manager's letter:
Appeal from Decisions of Administrative Officers in regard to
certain elements of the Subdivision Ordinance, Subdivision for
Frank T. Williams. Property located on the North side of
Flanagan's Lane, 1100 feet more or less West of Sandbridge
Road. Plats with more detailed inforffetion are available in
the Department of Planning.
The applicant requests variances to Sections 4.1(m) and 5.5(a)
of the Subdivision Ordinance which requires minimum street
pavement widths and curb and gutter. The applicant wishes to
subdivide an approxiniate 25.56 acre site, located on the
North side of Flanagan's Lane, 1,100 feet West of Sandbridge
Road, into eight (8) lots. The lots would average 3.19 acres
in size.
Approval is subject to the following condition:
1. The minimum street pavement width will be required.
Voting 10-0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, Vice Mayor Harold Heischober,
Barbara M. Henley, Clarence A. Holland, W. H. Kitchin, III,
Reba S. McClanan, Mayor J. Henry McCoy, Jr., Donald W.
Merrick, and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absen't:
Patrick L. Standing
39-
261 47 BOOK 2061 PAGE 117
ITEM II-H.2.d ITEM #15650
Attorney J. James BasgiLer, Jr., appeared in behalf of the applicant
Upon motion by Councilman Baum, seconded by Councilman Ervin, City Council
voted to uphold the recommendation of the Planning Commission and APPROVE
the request of ASPEN BUILDING CORPORATION for the vacation of a five-foot
pedestrian access easement, as per the following:
Ordi.nance uom application of Aspen Building Corporation for
the vacatim of a five-foot pedestrian access eas@t along
and adjacent to the rear and side block lines dedicated for
the use of the @rs of 'Windsor Oaks West, Section 6"
and not for the use of the general public. The aforesaid
area is for maintenance and access. More detailed info=iation
is available in the Depar@t of Plarming. KWSVI= BOROUGH.
Voting: 10-0
Council Members Voting Aye:
Jobn A. Baum, F. Reid Ervin, Vice @or liarold Heischober,
Barbara M. Henley, Clarence A. Holland, W. H. Kitchin, III,
Reba S. McClanan, @yor J. Henry @Coy, Jr., Donald W.
@ick, and Meyera E. Oberndcyrf
Council Members Voting Nay:
Ncne
Council Members Absent:
Patrick L. Standing
-40
Book 2060 Page 557
S T R E E T C L 0 S U R E S
ITEM II-H.3.a ITEM #15651
ORDINANCE NO.
AN ORDINANCE CLOSING, VACATING AND
DISCONTINUING A PORTION OF INDIAN
RUN ROAD IN THE LYNNHAVEN BOROUGH OF
THE CITY OF VIRGINIA BEACH, VIRGINIA
WHEREAS, proper notice that Joseph C. Webb, III, would make
appl ication to the City Council of the City of Virginia Beach, Virginia,
to have the hereinafter street or lane closed, vacated and discontinued
was duly posted; and,
WHEREAS, application was made to the City Planning Commission
and to the City Council, and pursuant to the Statutes in such cases made
and provided, the Council appointed Viewers who have reported to the
Council that no inconvenience to the public or to private individuals
would result from such closing, vacating and discontinuing; and,
WHEREAS, it is the judgment of the Council that the said
street or lane should be closed, vacated and discontinued.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
That the said street or lane described below located in the
Lynnhaven Borough of the City of Virginia Beach, Virginia, is hereby
closed, vacated and discontinued, said street or lane not being needed
for public use:
A portion of Indian Run Road as shown on a plat entitled,
"Subdivision of Woodhurst, Princess Anne County, Virginia,
January, 1955" made by Frank D. Tarrall, Jr., and Associates,
Surveyors and Engineers, Norfolk, Virginia, and recorded in
the Clerk's Office of the Circuit Court of the City of
Virginia Beach in Map Book 39, at Page 21, and being more
particularly described as follows: Beginning at a point
imrked by a pin at the Northwest corner of the intersection
of Indian Run Road and Graham Road (formerly Linkhorn Road);
thence in a Westerly direction along Indian Run Road for a
distance of 105.98 feet to a point; thence further Westerly
along Indian Run Road for a distance of 140.10 feet to a
pin; thence in a Southerly direction for a distance of 50.14
feet to a pin on the opposite side of Indian Run Road; thence
in an Easterly direction for a distance of 143.79 feet to a
pin on the South side of Indian Run Road; thence continuing
along Indian Run Road in an Easterly direction for a distance
of 99.88 feet to a pin; thence in a Northeasterly direction
for a distance of 50.00 feet to the opposite side of Indian
Run Road to a pin which was the point of beginning, a copy
of said plat having been filed with the Application for Street
Closure at the Planning Department, Municipal Center, City of
Virginia Beach, Virginia.
- 41-
Subject to an easement for the City of Virginia Beach for
drainage over the Westernmost thirty (30) feet of the
premises to be closed.
The foregoing street closure shall have no effect on the
existence of, or the rights of the City of Virginia Beach in, a
drainage easement over the Westernmost thirty (30) feet of the
premises to be closed.
This Ordinance shall be effective upon the date of passage,
and a copy of this Ordinance, certified by the Clerk, shall be spread
upon the public records in the Clerk's Office of the Circuit Court of
the City of Virginia Beach and indexed in a like manner as a deed of
land, in the name of the City of Virginia Beach, as Grantor, and Joseph
C. Webb, III, and Angela A. Webb, husband and wife, and Gussie Lee
Carnahan, widow, as Grantees.
Adopted by the Council of the City of Virginia Beach, Virginia,
on tho Twenty-Second day of September, 1980.
Upon motion by Councilman Merrick, seconded by Councilman Ervin,
City Council voted to uphold the recommendations of the Planning
Commission and APPROVE the petition of Joseph C. Webb, III, and
Angela A. Webb, for the closure of a portion of Indian Run Road,
in the Lynnhaven Borough; subject to the following condition:
This street closure is subject to the applicant providing
the City, at no cost, a deed of easement for water, sewer
and drainage purposes, over the subject property.
Voting: 9-1
-42 -
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, Vice Mayor Harold Heischober,
Barbara M. Henley, Clarence A. Holland, W. H. Kitchin, III,
Mayor J. Henry McCoy, Jr., Donald W. Merrick, and Meyera E.
Oberndorf
Council Members Voting Nay:
Reba S. McClanan
Council Members Absent:
Patrick L. Standing
4j-
C 0 M P R E H E N S I V E Z 0 N I N G 0 R D I N A N C E
ITEM II-H.4.a ITEM #15652
AN ORDINANCE TO AMEND AND REORDAIN
ARTICLE 1, SECTION 101 OF THE
COMPREHENSIVE ZONING ORDINANCE TO
INCLUDE THE CONSERVATION OF FORESTS
WITHIN THE PU SE THE ORDIN N E
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA:
That Article 1, Section 101, Lgislative Intent, of the C.Z.O.
is amended and reordained as follows:
101. Legislative Intent.
This Ordinance is enatted to promote and protect the
health, safety and general welfare of the people of
the City. It is the intention of the City Council
that the provisions of this Ordinance will implement
the purpose and intent of the Development Plan of the
City by encouraging the most desirable use of the land
for residential, recreational, agricultural, forestal,
commercial, industrial, conservation, public service,
flood plain, drainage, and other purposes, and the most
desirable density of population in the several parts of
the City, and by encouraging the most appropriate use
and occupancy of buildings, and by promoting good civic
design and arrangement. The provisions of this Ordinance
provide reasonable standards with respect to the location,
height, bulk, size of buildings and other structures, yard
areas, courts, off-street parking facilities and other open
spaces, density of population, and the use of buildings,
structures, and land for trade, industry, business, residence,
or other purposes.
Adopted by the Council of the City of Virginia Beach, Virginia,
on the Twenty-Second day of September, 1980.
This Ordinance shall be effective from date of adoption.
- 44-
Upon motion by Councilman Ervin, seconded by Councilman Baum,
City Council voted to uphold the recommendations of the Planning
Commission and APPROVE the Ordinance to amend and reordain Article 1,
Section 101 of the Comprehensive Zoning Ordinance to include the
Conservation of Forests within the purpose of the Ordinance.
Voting: 1 0 -0
Council Members Voting Aye:
John A. Baum, *F. Reid Ervin, Vice Mayor Harold Heischober,
Barbara M. Henley, Clarence A. Holland, W. H. Kitchin, III,
Reba S. McClanan, Mayor J. Henry McCoy, Jr., Donald W.
Merrick, and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Patrick L. Standing
*COUNCILMAN ERVIN VOICED A "VERBAL" AYE.
4 5-
C I T Y C 0 D E A M E N D M E N T S
ITEM II-I.I.a ITEM #15653
Requested by: City Manager/Director of Personnel
AN ORDINANCE TO AMEND AND REORDAIN DIVISION 3
OF ARTICLE III OF CHAPTER 2 OF THE CODE OF
THE CITY OF VIRGINIA BEACH, VIRGINIA, RELATING
TO ADMINISTRATION OF THE BASIC PAY PLAN
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That Division 3, of Article III, of Chapter 2, of the Code of the City
of Virginia Beach, Virginia, is amended and reordained as follows:
DIVISION 3 ADMINISTRATION OF BASIC PAY PLAN
Section 2-33. Definitions.
For the purposes of this Division, unless otherwise indicated, the
following terms shall have the meanings respectively ascribed to them in this
Section:
(a) Permanent employee. A pernianent employee shall be defined as a
City employee who is to be employed in a position for an indefinite period of
.time and who has completed the required probationary period as provided in Section 2-35.
(b) 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 2-35.
(c) 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.
(d) Part-time employee. A part-time employee shall be defined as a City
employee who is scheduled to actually work less than 35 hours per consecutive work
week.
(e) Full-time employee. A full-time employee shall be defined as a City
employee who is scheduled to actually work 35 hours or more per consecutive work
week.
(f) Class. A grouping of jobs having similar duties and responsibilities,
requiring similar knowledges, skills and abilities and deronding similar qualifications
so that they may be appropriately titled, described and compensated the same.
(g) Range. The minimum through maximum and career salary levels assigned
to a class.
9/22/80
-46-
Section 2-34. Employment with the City.
(a) Original employrwnt shall be the status of an employee's initial
period of continuous employment with the City of Virginia Beach. An individual
beginning employment for the first time shall usually be placed at the first step of
the pay range established for the Class in which employed. Occasionally, however,
based on a new employee's prior experience and proficiency in the same or related
capacity, placement may be accelerated up to and including the (E) step of the assigned
range upon recommendation by the employing authority and approval of the Director of
Personnel. The effective date of original employment shall be the first day of the
probationary period.
(b) Re-employment shall be the status of the returning employee's
employment period following a separation from City employment of more than thirty (30)
consecutive calendar days from the date of separation. A new anniversary date shall be
effective six (6) months from the first day of the pay period following the return to
service. Such anniversary date shall be the basis for computation of all merit
increases and other salary adjustments. A returning employee who is re-employed shall
be usually placed at the (A) step of the position's approved pay range. Occasionally,
however, based on the returning employee's prior proficiency and experience in the same
or related capacity, an acceleration of up to and including the (E) step of the assigned
range my be made upon recommendation by the employing authority and approval of the
Director of Personnel. All tirm earned in previous employment shall not be counted
towards the probationary period, annual leave, service awards, or other longevity based
employment conditions or benefits. Rather, only that time earned following actual
re-employment shall be counted.
(c) Reinstatement shall be the status of the returning employee's
employmnt period following a return to duty with the merit service of the City
within thirty (30) consecutive calendar days from the date of separation from the merit
service. The appropriate pay step within the approved range of the Class and anniversary
date for all reinstated employees shall be determined by the Director of Personnel.
All time earned previous to reinstatenient shall be counted towards the probationary
period, annual leave, service awards, etc.
However, the actual time missed prior to reinstatement shall be discounted
from actual annual leave accrual to the nearest pay period.
Section 2-35. Probation.
The probationary period for employees shall be the initial six (6) calendar
months (twelve (12) calendar months for sworn police, fire and grant personnel), of
employment following an original employnient or re-employment.
Section 2-36. Changes in Employees Pay.
(a) An Administrative Increase shall be a two (2) step increase within
the pay range of a Class that is awarded to an employee displaying exceptionally
outstanding meritorious service. Employees uey be recommended for an administrative
-,4 7-
increase upon submission of a letter of justification by the respective department
head to the Director of Personnel , subject to the approval of the City Manager.
An Administrative Increase dbes not affect the employee's anniversary date and shall
only be awarded to full-time perrmnent employees.
(b) Merit Increase shall be an increase of two (2) steps within the pay
range of a Class that is awarded to an employee upon successive completion of the
probationary period and for each year of successful job perforniance thereafter until
the niaximum step of the salary range is reached. Merit increases may become effective
on or after the employee's anniversary date. This increase is not automatically awarded,
but is given based on job performance. Should a merit increase be delayed, the employee's
anniversary date of eligibility for the next merit increase shall be amended to one (1)
year from the date the merit increase finally became effective. Merit increases shall
only be awarded to full-time permanent employees.
(c) An Administrative Decrease shall be defined as a two (2) step
reduction within the pay range of a Class as disciplinary action from the result
of unsatisfactory job perforrflance or misconduct. An Administrative Decrease requires
a letter of justification submitted by the respective department head to the Director
of Personnel and subject to the approval of the City Manager. Anniversary dates are
not affected by an administrative decrease, except when such adjustment involves a
career step.
(d) Career Steps. In addition to the eleven (11) regular (A) through (K)
steps, each pay range shall have two additional career steps, (L) and (M). After three
(3) years of successful service at the top regular (K) step of the Class to which a
position has been assigned, an employee shall become eligible for consideration for
the first career (L) step. After three (3) years of successful service at the (L)
step, an employee shall become eligible for consideration for the second career (M)
step. In all cases, employees must first satisfy the time requirements established
before becoming eligible for advancement to the LL) or (M) steps except when an
administrative increase is involved. A career increase shall be considered a merit
increase transaction when actually awarded and Personnel Transaction Request Form so
noted. At no time shall employees be promoted into a career step, in the new position,
higher than the career step the employee had attained in the former position.
(e) A General Increase shall be an increase to a higher pay range for all
classes of employees simultaneously. This shall be recomended by the City Manager
and approved by the City Council. General increases are not dependent on an employee's
individual performance within a job class, but rather take effect as cost of living
adjustments.
Section 2-37. Changes in Class.
(a) A promotion shall be an advancement by a full-time perronent or
probational employee to a higher pay range granted to an employee in conjunction
with "increased job duties and responsibilities". When employees are promoted, their
salary shall be increased to a minimum step for that Class (A Step) or four (4) pay
increments above their present range and step, whichever is greater. However, such
an increase shall not place the employee at a pay step in the range of the new position
higher than the pay step held in the range of the former position. The effective date
of all prormtions shall be the first day of the pay period. Employees who are promoted
on their anniversary date and are eligible for a Merit Increase rnay receive a six (6)
48-
step pay increment increase over their former salary level, provided such an increase
shall not place the employee at a pay step in the range of the new position more than
two steps higher than the step in the range of the former position.
(b) A Demotion shall be a reduction in the pay range of a full-time
pernenent or probational employee in conjunction with a change in job duties and
responsibilities. When an employee is reduced to a lower pay range, the step within
that new pay range shall be determined by the Director of Personnel. If the demotion
is of a voluntary nature, made at the request of the employee, then the anniversary
date of eligibility for merit increases shall not be adjusted unless the demotion
involves assignn*nt to a different Department, Division, or Bureau; in which case,
the appropriate anniversary date shall be determined by the Director of Personnel.
(c) A reclassification shall be a reassignment of the appropriate job
title, pay range, and step to an employee whose 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.
1. 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 continue to be compensated at the rate
received at that tirm; notwithstanding that in some cases such
amount may be greater than the highest step of the range of the
new classification.
2. Such reclassified employees shall continue to receive
all future general salary increases.
3. Payment of compensation to reclassified employees, which
is rode pursuant to paragraphs (c) (1) and (c) (2) above and which
rmy exceed the highest siep of the reclassified range for such employee,
shall not be deelmd a promotion.
Section 2-38. Transfers.
(a) Transfer Within Department - A transfer from one payroll bureau code
to another within the same department shall be considered a transfer within department.
(b) Transfer Between Departments - A transfer of an employee from one
department budget code to another shall be considered a transfer between departments.
If a transfer between departments involves a promotion or demotion, the rules of the
appropriate action shall apply. When employees transfer between departments to the
same class of position no change of status or anniversary date occurs.
Section 2-39. Terminations.
(a) Resignation shall be a voluntary separation from employment through
written notification to the employing authority initiated by the employee.
4Q
(b) Completion of Temporary Employrmnt shall be the separation from
employment of a temporary employee who has worked through the last workday the temporary
position is available. Employees separatirig prior to the last workday 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 retireffent benefits from the State and/or Federal
Agencies. Retirement from full-time service with the City is rondatory at age 70 for
all employees except sworn Police and Fire personnel who must retire at age 65.
(d) Dismissal shall be an involuntary separation from employment initiated
by the employing authority as a result of the employee's unsatisfactory work perforniance
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 separation from employment
initiated by the Director of Personnel on the basis of the employee's failure to
meet minimum qualifications for the position following the actual start of work; or
the unavailability of the position or approved monies in the budget of the respective
department. These employees shall be administratively terminated as immediately
convenient following the determination and shall be notified of their rights to appeal
(if any).
Section 2-40. Effective Date of Actions.
In all cases except separation, the effective date of action shall be
considered the comencement of the employee's regularly scheduled work period on
the calendar day indicated. In all cases of separation, the effective date of action
shall be considered the end of the enployee's regularly scheduled work period, unless
specified on the calendar day indicated.
Section 2-41 . Anniversary Dates.
The Anniversary date shall be the date on which the employee becomes
eligible for a merit increase. The employee@s first anniversary date shall generally
be the effective date of perrmnent status. Thereafter, the anniversary date shall be
one (1) year from last promotion, dewtion, merit increase, administrative decrease
or transfer dissimilar to the position vacated. However, when career steps are
involved, the employee's anniversary date shall be three (3) years from the last
promotion, demotion, merit increase, ackninistrative decrease or transfer dissimilar
to the position vacated.
Section 2-42. Administration.
The Director of Personnel shall be responsible for administering the
application of the Ordinance and to promulgate rules and regulations to carry out
its purposes.
-50-
Section 2-43. Review and Affendment of the Pay Plan.
The Director of Personnel shall constantly review employee ranges, and
when necessary, make recommendations for changes to the City Manager. The ranges of
pay for each class of positions may be changed by the City Manager upon recommendation
by the Director of Personnel, provided funds are available for any increases in the
ranges.
A change in the pay range of a class shall not affect the anniversary
date of employees in that class except when it involves a career step.
The City pay schedule, as adopted by Section 1 of Ordinance No. 460, and
as amended by the City Manager, is hereby rep ar superseded by the pay schedule
attached hereto, which is hereby adopted as the City of Virginia Beach Basic Pay Schedule.
This Ordinance shall be effective upon date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia,
on the Twenty-Second day of September, 1980.
Upon motion by Councilman Merrick, seconded by Councilman Holland,
City Council voted to uphold the recommendation of the City Manager
and APPROVE the Ordinance to amend and reordain Division 3, of Article
III, of Chapter 2 of the Code of the City of Virginia Beach, Virginia,
relating to Administration of the Basic Pay Plan.
Voting: 1 0 - 0
51-
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, Vice Mayor Harold Heischober,
Barbara M. Henley, Clarence A. Holland, W. H. Kitchin, III,
Reba S. McClanan, Mayor J. Henry McCoy, Jr., Donald W.
Merrick, and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Patrick L. Standing
52-
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F I R S T R E A D I N G S
ITEM II-I.I.b ITEM #15654
Requested by: Finance Department
AN ORDINANCE TO AMEND SECTION 33-9 OF
THE CODE OF THE CITY OF VIRGINIA BEACH
PERTAINING TO INTEREST WHEN PERSONAL
PROPERTY TAXES NOT PAID ON TIME.
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA:
That Section 33-9 of the Code of the City of Virginia Beach
is hereby amended and reordained as follows:
Section 33-9. Penalties and interest when not paid on time.
In the event any taxes on personal property are not paid on
or before the time the same are due and payable as set forth in Section
33-8, there shall be added thereto a penalty of ten (10%) percent of the
amount of such unpaid taxes or the sum of Ten Dollars ($10.00), whichever
shall be greater, and such taxes and penalty shall bear interest at the
rate of s4)k-46@ nine and six tenths percent (9.6%) per annum, commencing
not earlier than the first day of the month following the month such taxes
are due.
The assessment of such penalty shall not be deemed a defense to
a criminal prosecution for failing to make return of taxable property as
may be required by law.
This Ordinance shall be effective from January 1, 1981
FIRST READING: 22 September 1980
SECOND READING:
Adopted by the Council of the City of Virginia Beach, Virginia,
on the day of I 1 980.
67
Upon motion by Councilman Baum, seconded by Councilman Holland,
City Council voted to uphold the recommendation of the City Manager
and APPROVE the Ordinance, ON FIRST READING, to amend Section 33-9
of the Code of the City of Virginia Beach pertaining to interest
when personal property taxes not paid on time.
Voting : 1 0 -0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, Vice Mayor Harold Heischober,
Barbara M. Henley, Clarence A. Holland, W. H. Kitchin, III,
Reba S. McClanan, Mayor J. Henry McCoy, Jr., Donald W.
Merrick, and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Patrick L. Standing
ITEM II-I.I.c ITEM #15655
Requested by: Finance Department'@
ORDINANCE TO AMEND SECTION 33-7.11
OF THE CODE OF THE CITY OF VIRGINIA
BEACH PERTAINING TO INTEREST WHEN SERVICE
CHARGE ON TAX EXEMPT REAL ESTATE NOT PAID
ON TIME.
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA:
That Section 33-7.11 of the Code of the City of Virginia
Beach, Virginia, is hereby amended and reordained as follows:
In the event any installment of the service charges imposed
in Section 33-7.8 is not paid on or before the time the same is due and
payable, as set forth in Section 33-7.10, there shall be added thereto
a penalty of five (5%) percent of the amount of such unpaid installment
and such installment and penalty shall bear interest at the rate of
S*A-464 nine and six tenths percent (9.6%) per annum from the end of the
sixth month next following the month such installment was due, but not
paid, until paid.
This Ordinance shall be effective from January 1, 1981.
FIRST READING: 22 September 1980
SECOND READING:
Adopted by the Council of the City of Virginia Beach, Virginia,
on the day of 1980
Upon motion by Councilman Baum, seconded by Councilman Holland,
City Council voted to uphold the recommendation of the City Manager
and APPROVE the Ordinance ON FIRST READING to amend Section 33-7.11
of the Code of the City of Virginia Beach pertaining to interest when
service charge on tax exempt real estate is not paid on time.
Voting : I 0 - 0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, Vice Mayor Harold Heischober,
Barbara M. Henley, Clarence A. Holland, W. H. Kitchin, III,
Reba S. McClanan, Mayor J. Henry McCoy, Jr., Donald W.
Merrick, and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Patrick L. Standing
- 70 -
ITEM II-I-1-d ITEM #15656
Requested by: Finance Department
AN ORDINANCE TO AMEND SECTION 33-3
OF THE CODE OF THE CITY OF VIRGINIA
BEACH PERTAINING TO INTEREST WHEN
REAL ESTATE TAX NOT PAID ON TIME.
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA:
That Section 33-3 is hereby amended and reordained as follows:
Section 33-3. Penalty and interest when installment not paid on time.
In the event any installment of taxes on real estate is not
paid on or before the time the same is due and payable as set forth in
Section 33-2, there shall be added thereto a penalty of ten (10%)
percent of the amount of such unpaid installment or the sum of Ten
Dollars ($10.00), whichever shall be greater, and such installment and
penalty shall bear interest at the rate of 54A-46@ nine and six tenths
percent (9.6%) per annum, commencing not earlier than the first day of
the month following the month such taxes are due.
The assessment of such penalty shall not be deemed a defense
to any criminal prosecution for failing to make return of taxable
property as may be required by law.
This Ordinance shall become effective on January 1, 1981.
FIRST READING: 22 September 1980
SECOND READING:
Adopted by the Council of the City of Virginia Beach, Virginia,
on the day of 1980.
71
Upon motion by Councilman Baum, seconded by Councilman Merrick,
City Council voted to uphold the recommendation of the City Manager
and APPROVE the Ordinance ON FIRST READING to amend Section 33-3 of
the Code of the City of Virginia Beach pertaining to interest when
real estate tax is not paid on time.
Voting : 1 0 - 0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, Vice Mayor Harold Heischober,
Barbara M. Henley, Clarence A. Holland, W. H. Kitchin, III,
Reba S. McClanan, Mayor J. Henry McCoy, Jr., Donald W.
Merrick, and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Patrick L. Standing
- 72-
ITEM II-I.l.e/f ITEM #15657
Requested by: Public Utilities
AN ORDINANCE TO AMEND AND REORDAIN
SECTION 37-29(b)(2.1) OF THE CODE
OF THE CITY OF VIRGINIA BEACH, VIRGINIA
RELATING TO WATER LINE FEES FOR TWO OR
MORE RESIDENTIAL DWELLING UNITS
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA:
That Section 37-29(b)(2.1) of the Code of the City of Virginia
Beach, Virginia, is hereby amended and/reordained to read as follows:
Section 37-29. Connection and installation fees.
(b) Property owners' share of system installation, where
connection is made to a line or pumping station being a pari of the
system wi thin the C ity in stalled or purc hased by the C ity (I ine fee):
(2.1) Lots 9-ti-uetbli-es with two (2)
or more faffi4ly residential dwelling
units, per unit . . . . . . . . . . . . $360.00
For purposes of line fee calculations, any single
lot which has constructed on it more than one
residential dwelling unit shall be considered
multi-family and shall have fees calculated as
bove .
This Ordinance shall be effective upon date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia,
on the day of 1 980
DEFERRED BY CITY COUNCIL: 22 September 1980
- 73-
Requested by: Public Utilities
AN ORDINANCE TO AMEND AND REORDAIN
SECTION 29-3(B)(2.1) OF THE CODE OF
TliE CITY OF VIRGINIA BEACH, VIRGINIA,
RELATING TO SEWER LINE FEES FOR TWO
OR MORE RESIDENTIAL DWELLING UNITS.
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA:
That Section 29-3(B)(2.1) of the Code of the City of Virginia
Beach, Virginia, is hereby amended and reordained to read as follows:
Section 29-3. Fees generally
(B) Property owners' share of system installation, where
connection is made to a line or pumping station being a part of the
system within the City in stal 1 ed or purc ha se d by the City (line fee
(2.1) Lots Sti-wetwi-es with two (2)
or more faFR4@y residential dwell ing
units, per unit . . . . . . . . . . . .$ 56 0 . 0 0
For purposes of line fee calculations, any single
lot which has constructed on it more than one
residential dwelling unit shall be considered
multi-family and shall have fees calculated as
above.
This Ordinance shall be effective upon date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia,
on the day of 1 980 .
DEFERRED BY CITY COUNCIL: 22 September 1980
@74
Upon motion by Councilman Ervin, seconded by Councilman Baum, City
Council voted to DEFER FOR TWO WEEKS (October 6, 1980), the Ordinances
to amend and reordain Section 37-29(b)(2.1) and Section 29-3(B)(2.1) of
the Code of the City of Virginia Beach relating to water and sewer line
fees for two or more residential dwelling units.
Voting I 0 -0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, Vice Mayor Harold Heischober,
Barbara M. Henley, Clarence A. Holland, W. H. Kitchin, III,
Reba S. McClanan, Mayor J. Henry McCoy, Jr., Donald W.
Merrick, and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Patrick L. Standing
- 75-
ITEM II-I.l.g ITEM #15658
Requested by: Department of Health/City Manager
AN ORDINANCE TO AMEND AND REORDAIN
CHAPTER 20, DIVISION 5., SECTIONS
20-104 THROUGH 20-111 OF THE CODE
OF THE CITY OF VIRGINIA BEACH, VIRGINIA,
PERTAINING TO BARBERSHOPS, BEAUTY PARLORS, ETC.
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA:
That Sections 20-104 through 20-111 are amended and reordained
as follows:
Division 5. Barbershops, Beauty Parlors, etc.
Subd4y4s4eR-ir --- B&FbeFsheps
Section 20-104. Definitions.
For the purposes of this and the following Subsections, the
following words and phrases shall be construed as follows:
(a) Attendant: Any barber, hairdresser or manicurl : est
or other person working in a barber shop or beauty parlor, who
comes in direct contact with the customers or patrons of such
establishment.
(b) Barbering or hairdressing: Anyone or any combination
of the following acts, when done on the human body for pay or
reward and not for the treatment of disease: Shaving, shaping,
and trimming the beard; cutting, curling, singeing, shampooing
or dyeing the hair or applying lotions thereto; or applications,
treatment or massages of the face, neck or scalp with oil , creams,
lotions, cosmetics, antiseptics, powders, clays or other
preparations in connection with shaving, cutting or trimming
the hair or beard.
(c) Barber shops - Beauty parlors: Any establishment
or place of business within which the practice of barbering or
hairdressing is engaged in or carried on by one or more barbers.
Section 20-104.1. Violation of Chapter.
Any person who shall violate any provision of this Chapter
shall be guilty of a Class IV misdemeanor.
7 6-
Section 20-104.2 General Maintenance Requirements
(a) Floors in barber shops, beauty parlors, barber
schools or beauty culture schools shall be clean
and all furniture, walls, woodwork and windows therein shall
be kept clean and in good repair at all times. Each barber
shop, beauty parlor, barber school or beauty culture school
shall be provided with a toilet and washbasins properly
trapped and connected to an approved sewer system. Adequate
soap@ clean towels and toilet tissue shall be available at all
times. All basins, sinks and toilets shall be kept clean and
in good repair at all times. The use of powder puffs and
sponges is prohibited. No alum or other astringent shall be
used in stick form in any barber shop, beauty parlor, barber
school or beauty culture school. If used therein to stop the
flow of blood, it shall be applied in liquid or powdered form.
Section 20-105. Levy of License Tax.
(a) Every person who shall conduct or operate a barber
shop shall pay a license tax Of Twenty-Five Dollars ($25.00),
and one half (1/2) of one percent on gross receipts, as defined
in this Chapter, in excess of Two Thousand Five Hundred Dollars
($2,500.00), in business during the preceding calendar year.
(b) Every person who shall conduct or operate a beauty
parlor or hairdressing establishment shall pay a license tax
of Twenty-Five Dollars ($25.00), and one half (.1) of one percent
on gross receipts as defined in this Chapter, in excess of
Two Thousand Five Hundred Dollars ($2,500.00), in such business
year during the preceding calendar year; however, that a license
issued under this Chapter pursuant to the payment of the license
tax set out in this Section shall not authorize the teaching or
instruction of beauty culture or cosmotology.
(c) Every person who shall conduct or operate a barber
school or beauty culture school shall pay a license tax of One
Hundred and Twenty-Five Dollars ($125.00); provided, however,
that the rendering by students in such school, in the course
of their training, of services usually performed in barber
shops and beauty parlors shall not require the payment of
additional license tax required by this Chapter.
Section 20-106. When Merchants' license required.
Where merchandise is sold at a barber shop, beauty parlor,
hairdressing establishment, barber school or beauty culture school, licensed
under this Chapter a merchant's license shall be required in addition to the
barber shop, beauty pa rl or, hairdressin g e sta bl i shment , barber school or
beauty culture school license; provided, however, that the licensee in
question may make sales of merchandise used in the operation of such barber
shop, beauty parlor, hairdressing establishment, barber school or
7 7-
beauty culture school not to exceed Two Hundred Fifty Dollars ($250.00)
in any calendar year without paying such additional merchant's license
tax.
Section 20-108. Reserved.
Section 20-109. Reserved.
Section 20-110. Reserved.
Section 20-111. Reserved.
Adopted by the Council of the City of Virginia Beach, Virginia,
on the Twenty-Secon d day of Sep tember , 1 980.
Upon motion by Councilman Ervin, seconded by Councilman Baum, City Council
voted to uphold the recommendation of the City Manager and APPROVE the
Ordinance to amend and reordain Chapter 20, Division 5, Sections 20-104
through 20-111 of the Code of the City of Virginia Beach, Virginia, per-
taining to barbershops, beauty parlors, etc.
Voting : I 0 -0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, Vice Mayor Harold Heischober,
Barbara M. Henley, Clarence A. Holland, W. H. Kitchin, Ill,
Reba S. McClanan, Mayor J. Henry McCoy, Jr., Donald W.
Merrick, and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent
Patrick L. Standing
7 8-
B I D S
ITEM II-I.2.a ITEM #15659
The following bids were received for the North Virginia Beach Sanitary
Sewerage System and Water Line Contract:
A & W Contractors, Inc. $ 808,310.95
Vice Construction Corporation $ 838,283.47
M. E. Wilkins, Inc. $ 845,258.28
Carter-Bell Corporation $ 850,988.00
Suburban Grading & Util ities, Inc. $ 960 , 36 7. 20
Floyd B. Smith Contracting, Inc. $ 967,406.70
Inner-View, Limited $1,009,166.00
A. Stuart Bolling Company, Inc. $1,078,220.00
A. Stanley Mundy & Company $1,138,484.10
Engineer's Estimate $1,228,891.00
Upon motion by Councilman Merrick, seconded by Councilman Holland, City
Council voted to uphold the recommendation of the City Manager and APPROVE
the low bid of A & W Contractors, Inc., in the amount of $808,310.95, for
the North Virginia Beach Sanitary Sewerage System and Water Line Contract;
AND, authorized the City Manager to enter into the necessary agreements
for the implementation of this project.
Voting : I 0 - 0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, Vice Mayor Harold Heischober,
Barbara M. Henley, Clarence A. Holland, W. H. Kitchin, III,
Reba S. McClanan, Mayor J. Henry McCoy, Jr., Donald W.
Merrick, and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Patrick L. Standing
- 79-
ITEM II-J.1 ITEM #15660
Mr. Robert R. Lemon appeared before Council regarding the closure of
Mail Box Lane.
Mr, Lemon advised Council the homeowners in the 5300 Block of Susquehanna
Drive had signed petitions requesting the Lane be closed; and, received
inf ormat ion from a Traff ic Engineer in the State Hi ghway Department that
the Lane would be closed.
The City Manager advised Council he will meet with the Traffic Engineer
and report back to Council on 6 October; and, until Council receives
his report there will be no further paving, etc., of Mail Box Lane.
Mr. Orville Stevens, a resident of the 5300 Block of Susquehanna Drive,
appeared regarding the above matter.
ITEM II-J.2 ITEM #15661
Mayor McCoy made reference to a letter received by Council from Mr.
and Mrs. Harry Jeavons requesting a rehearing of their application
for a Subdivision Variance, which was denied by Council 8 September
1980.
Further discussion on the matter was deferred until 6 October 1 980
until a report could be received from the Staff concerning this
matter.
ITEM II-J.3 ITEM #15662
Councilwoman McClanan requested information concerning water exemptions.
The City Manager advised Council that al I exemptions previously granted
will no longer be permitted due to the severeity of the situation.
Councilwoman Henley asked if the tourist coming into Virginia Beach
were being- made aware of the water shortage?
The City Manager advised Council the Motel/Hotel owners have been
most cooperative with the City in this matter.
-8g-
A P P 0 1 N T M E N T S
ITEM II-K.1 ITEM #15663
Mayor McCoy advised Council he appointed Councilman Clarence A. Holland,
and Councilman Patrick L. Standing, to study the City's Travel Policy.
N E W B U S I N E S S
ITEM II-K.2 ITEM #15664
Upon motion by Councilman Ervin, seconded by Councilman Baum, City
Council voted to CANCEL the meeting of Council of 22 December 1980.
Voting 9- 0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, Vice Mayor Harold Heischober,
Barbara M. Henley, Clarence A. Holland, W. H. Kitchin, III,
Reba S. McClanan, Mayor J. Henry McCoy, Jr., Donald W.
Merrick
Council Members Voting Nay:
None
Council Members Abstaining:
Meyera E. Oberndorf
Council Members Absent:
Patrick L. Standing
8
A D J 0 U R N M E N T
ITEM II-L.1 ITEM #15665
Upon motion by Councilman Ervin, seconded by Councilman Merrick, and
by ACCLAMATION, the meeting adjourned at 9:05 p.m.
Diane M. Hickman, Deputy City Clerk
R6th Hodges Smith, City Clerk oyt 'u- @D.D S
City of Virginia Beach,
Virginia
22 September 1980
dmh/mas