HomeMy WebLinkAboutAUGUST 18, 1980 MINUTES
A G E N D A
Virginia Beach City Council
18 August 1980
ITEM I INFORMAL SESSION: 1:00 P.M.
A. CALL TO ORDER - MAYOR J. HENRY McCOY, JR.
B. ROLL CALL OF COUNCIL
C. MOTION TO RECESS INTO INFORMAL/EXECUTIVE SESSION
D. PRESENTATION/DISCUSSION OF PERTINENT MATTERS:
1. Social Services Department Request for 15 Positions:
Discussion of item on Formal agenda.
2. Amendment to Section 23-47 of the City Code Pertaining
to the Operation of Shuffleboard or Pinball Machines
in Restaurants, Etc.: Discussion of proposed ordinance.
3. Multi-Story Housing for the Elderly: Discussion by
Chief Harry Diezel of Safety Recuirements.
4. Water and Sewer Cormnittee Report.
5. Roads Cormittee Report.
ITEM II FORMAL SESSION: 2:00 p.m.
A. INVOCATION: Mrs. Hilda Wilson
Second Leader
First Church Christ Scientist
B. PLEDGE OF ALLEGIANCE
C. ELECTRONIC ROLL CALL OF COUNCIL:
D. MINUTES OF PREVIOUS MEETING:
1. Motion to accept/approve the Minutes of 11 Aucjust 1980.
ITEM II E. 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 fonn listed. There will be no separate discussion of these
items. If discussion is desired, that itetn will be removed from
the Consent Agenda and considered separately.
1. Ordinance to amend Section 23-27.1 of the Code of the City
of Virginia Beach pertaining to the definition of petit
larceny.
2. Ordinance to amend and reordain Section 8-21(n) of the Code
of the City of Virginia Beach relating to commercial and
industrial buildings and trailer lots to which electrical
service has been discontinued.
3. Ordinance to amend Section 23-27.2 of the Code of the City
of Virqinia Beach pertaining to the concealment of
merchandise, etc.
4. Ordinance to amend Section 37-10 of the Code of the City of
Virginia Beach relating to the waste of water.
5. 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 family residential units.
6. 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 family residential units.
7. Ordinance to authorize the acquisition of property in fee
simple for right-of-way for Cedar Hill Canal Project and
the acquisition of temporary and permanent easements of
right-of-way either by agreement or by condemnation.
B. Application of Mr. Vincent J. Caamano for a Certificate of
Public Convenience and Necessity for the operation of a
public vehicle in the City of Virginia Beach. He operates
Vince's Executive Car Service.
9. Request of the City Treasurer for tax refunds in the amount
of $490.75.
F. PLANNING ITEMS
1. THIS ITEM WAS DEFERRED UNTIL TODAY ON JULY 14, 1980
Application of Jerry Lee Davis, D.B.A. Aragona Auto Repair,
for a conditional use permit for an automotive repair
establishment on a .329-acre parcel located on the south
ide of North Witchduck Road, west of Jericho Road (Bayside
Borough).
a. Letter from the City Manager transmits the recom-
mendation of the Planning Commission for approval.
ITEM II F. PLANNING ITEMS (cont'd)
2. New Applications:
a. Application of Norman E. and Barbara A. Scruggs for
a change of zoning from R-8 Residential District to
B-2 Co@un-i@Business District on a 2.39-acre parcel
located on both Kempsville Road and Centerville Turn-
pike, south of the intersection (Kempsville Borough).
1. Letter from the City Manager transmits the
recommendation of the Planning Commission
for approval.
b. Application of Geraldine Y. Stephens for a change of
zoning from R-6 esidenti@l District to A-2 Apartment
District on a 1.36-acre parcel located on The south
side of Old Virginia Beach Road, east of North Birdneck
Road (Lynnhaven Borough).
1. Letter from the City Manager transmits the
recormnendation of the Planning Conmission
for approval.
C. Application of Geraldine Y. Stephens for a conditional
use permit for T le. .7n a .215-acre parcel located
on the west side of Mediterranean Avenue, south of 13th
Street (Virginia Beach Borough).
1. Letter from the City Manager transmits the
recoimnendation of the Planning Commission
for approval.
d. Application of Ben Frank's, Inc. for a conditional use
permit for an a7ut obile repair establishment (instal-
lation of t-tops and sun roofs) on a .78-acre parcel
located on the north side of Virginia Beach Boulevard,
west of First Colonial Road (Lynnhaven Borough).
1. Letter from the City Manager transmits the
recommendation of the Planning Commission
for approval.
e. Application of J. Henry Holland Corporation for a
conditional us @permit for the erection of a covered
PiPe rack on a 8.945-acre parcel located at the south-
east corner of Thurston Avenue and Air Rail Avenue
(Bayside Borough).
1. Letter from the City Manager transmits the
recommendation of the Planning Commission
for approval.
G. ORDINANCES
1. General:
a. Ordinance to authorize a temporary encroachment by
Richard S. Bartley into a portion of the City
property located adjacent to the Atlantic Ocean.
ITEM II G. ORDINANCES (cont'd)
2. Appropriations
a. Second Readings:
1. Ordinance, on second reading, to increase the
advance from the General Fund to the City Garage
Internal Service Fund by $45,000.
2. ordinance, on second reading, to appropriate
$3,124,853 for FY 1981 for the payment of
purchase orders brought forward from Fiscal 1980.
b. First Readings:
1. Ordinance, on first reading, to appropriate
$180,306 for additional Dositions and related
appropriations to the Department of Social Services.
H. OLD BUSINESS
I. NEW BUSINESS
1. Mr. H. Calvin Spain regarding James D. Parker, Proposed
Condominium on Little Neck Point
J. ADJOURNMENT
1. Motion to adjourn.
M I N U T E S
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
18 August 1980
The regular meeting of the Council of the 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,
18 August 1980 at one o'clock in the afternoon.
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 #15460
Vice 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. Investing of public funds where competiti.on or
bargaining are involved where, if made public initially,
the financial interest of the governing unit would
be adversely affected. (Financial Matters).
3. 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 public body.
(Legal Matters).
08/18/80
2 -
Upon motion by Councilman Standing, seconded by Councilman
Holland, City Council voted to RECESS into EXECUTTVE 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
08/18/80
3-
M A T T E R S B Y C 0 U N C I L M E M B E R S
ITEM #15461
Mayor McCoy made several comments regarding the walk to False Cape
State Park.
ITEM #15462
Mayor McCoy advised Council the City Attorney and the Commonwealth
Attorney are to discuss the problems of bid rigging, which has
become a matter of concern throughout the State.
ITEM #15463
Councilwoman Henley advised Council of the meeting held by the
Virginia Marine Resources Commission; and, suggested the Wetlands
Board Agendas be provided to any citizen who requests a copy.
This matter will be handled through the City Clerk's Office.
ITEM #15464
Councilman Ervin advised Council he was having problems with several
items on the CONSENT AGENDA; and, requested the following be deferred
one week:
1. 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 family residential
units;
AND, 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 family residential
units.
2. Ordinance to authorize the acquisition of
property in fee simple for right-of-way for
Cedar Hill Canal Project and the acquisition
of temporary and permanent easements of right-
of-way either by agreement or by condemnation.
The above matter will be voted on in the FORMAL SESSION.
08/18/80
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ITEM #15465
Councilwoman Oberndorf requested information regarding a letter to
the Editor of the Virginian-Pilot concerning a resident';9 complaint
against the Virginia Beach Fire Department for watering the median
strips.
Chief Diezel advised Council the Landscaping Division of the
Department of General Services is using a dry pine bark wood
mulch on the plants in the median strips. When a motorist
drives by and throws his cigerette out the window, the mulch
begins to smolder, and residents in the area call the fire
department.
I N F 0 R M A L A G E N D A
ITEM #15466
The City Manager introduced the Director of Social Services, Francis
S. Elrod, who presented a report to Council concerning the request
of the Social Services Department for additional personnel to handle
food stamps. and public assistance applications
ITEM #15467
The City Manager advised Council of his recommendation to remove
the Ordinance to amend and reordain Section 23-47 of the City
Code pertaining to the operation of Shuffleboard or Pinball
Machines in restaurants, etc., from the Council Agenda; and, be
brought back before Council at a later date to be REPEALED and
not amended.
ITEM #15468
Chief Harry Diezel appeared before Council during the INFORMAL
SESSION and discussed a multi-story Housing project for the
Elderly; and, advised Council they go beyond the minumum requirements
regarding housing for the elderly to make it a safe building.
ITEM #15469
The City Manager advised Council the Water and Sewer Committee
Report and the Roads Committee Report will be on the FORMAL AGENDA
before the PLANNING AGENDA.
Council-recessed into the EXECUTIVE SESSION (1:42 p.m) forbriefing
prior to the FORMAL SESSION of City Council.
08/18/80
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F 0 R M A L S E S S I 0 N
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
18 August 1980
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: Mrs. Hilda Wilson, Second Leader, First Church
Christ Scientist.
PLEDGE OF ALLEGIANCE
M I N U T E S
ITEM II-D.1 ITEM #15470
Upon motion by Councilman Standing, seconded by Councilman Holland,
City Council voted to APPROVE the minutes of the regular meeting of
11 August 1980.
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
08/18/80
6 -
Council Members Voting Nay:
None
Counr-il Members Absent:
None
C 0 N S E N T A G E N D A
ITEM II-E ITEM #15471
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.
ITEM II-E.5/6/7
Upon motion by Councilman Baum, seconded by Councilman Ervin,
City Council voted to DEFER FOR ONE WEEK:
1. The 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 family
residential units.
2. The 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 family
residential units.
3. The Ordinance to authorize the acquisition
of property in fee simple for right-of-way
for Cedar Hill Canal Project and the acquisition
of temporary and permanent easements of right-of-
way either by agreement or by condemnation.
Voting: 11-0
08/18/80
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
08/18/80
8-
Requested by: Public Utilities
I
AN 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 FAMILY RESLDENTIAL 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 tbe 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 installed or purchased by the City
(line fee):
(2.1) Structures with two (2)
or more family residential
units, per unit . . . . . . . . . . . $560.00
For purposes of line fee calculations, any
single lot which has constructed on it more
than one dwelling unit, whether the dwelling
unit is attached or detached, will be considered
multi-family and will 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 1980
DEFERRED ONE WEEK: 18 August 1980
08/18/80
9-
Requested by: Public Utilities
AN ORDINANCE To AMEND AND REORDAIN
SECTION 37-29(b)(2.1) OF THE CODE
Ot THE CITY OF VIRGINIA BEACH,
VIRGINIA, RELATTNG TO WATER LINE
FEES FOR TWO OR MORE FAMILY
RESIDENTIAL 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 part of
the system within the City installed or purchased by the City
(Line fee):
(2.1) Structures with two (2)
or more family residential
units, per unit . . . . . . . . . . .$360.00
alculations, any
ructed on it more
sidered
f
above.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the day of 1980
DEFERRED ONE WEEK: 18 August 1980
08/18/80
AN ORDINANCE TO AUTHORIZE THE ACQUISITION
OF PROPERTY IN FEE SIMPLE FOR RIGHT-OF-WAY
FOR CEDAR HILL CANAL PROJECT AND THE
ACQUISITION OF TEMPORARY AND PERMANENT EASE-
MENTS OF RIGHT-OF-WAY EITHER BY AGREEMENT OR
'CONDEMNATION
WHEREAS, in the opinion of the Council of the City of
Virginia Beach, Virginia, a public necessity exists for the con-
struction of this important project for public purposes for the
preservation of the safety, health, peace, good order, convenience,
moral and welfare of the people in the City of Virginia Beach.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA:
Section 1. That the City Attorney is hereby authorized
and directed to acquire by purchase or condemnation pursuant to
Section 15.1-236, et seq. and Section 33.1-89, et seq., Code of
Virginia of 1950, as amended, all that certain real property in
fee simple including temporary and permanent easements of right-
of-way as shown on the plan or plats entitled, "CEDAR HILL CANAL
PROJECT," these plans or plats being on file in the Office of
Real Estate, Department of Public Works, Virginia Beach, Virginia.
Section 2. That the City Attorney is hereby authorized
to make or cause to be made in behalf of the City of Virginia Beach,
to the extent that funds are available, a reasonable offer to the
owners or persons having an interest in said lands, if refused, the
City Attorney is hereby authorized to institute proceedings to
condemn said property.
Section 3. That an emergency is hereby declared to exist
and this Ordinance shall be in force and effect from the date of its
adoption.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the day of 1980
DEFERRED ONE WEEK: 18 August 1980
08/18/80
-11-
ITEM II-E.1 ITEM #15472
Upon motion by Councilman Holland, seconded by Councilman Standing,
City Council voted to uphold the recommendation of the City Manager
and APPROVE the Ordinance to amend Section 23-27.1 of the Code of
the City of Virginia Beach pertaining to the definition of Petit
Larceny.
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
08/18/80
-1 2-
AN ORDINANCE TO AMEND SECTION 23-27.1
OF THE CODE OF THE CITY OF VIRGINIA
BEACH PERTAINING TO THE DEFINITION OF
PETIT LARCENY
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That Section 23-27.1 of the Code of the City of Virginia
Beach is amended and reordained to read as follows:
Section 23-27.1 Petit larceny defined; how punished.
Any person who:
(1) Commits larceny from the person of another of money
or other things of value of less than five dollars
($5.00); or,
(2) Commits simple larceny not from the person of another
of good and chattels of the value of less than ene
two hundred dollars ($200.00),
shall be deemed guilty of petit larceny, which shall be punishable
as a Class I misdemeanor.
This Ordinance shall be in effect from the date of its
adoption.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the Eighteenth day of August, 1980.
08/18/80
-1 3-
ITEM II-E.2 ITEM #15473
Upon motion by Councilman Holland, seconded by Councilman Standing,
City Council voted to uphold the recommendation of the City Manager
and APPROVE the Ordinance to amend and reordain SSection 8-21(n) of
the Code of the City of Virginia Beach relating to commercial and
industrial buildings and trailer lots to which electrical service
has been discontinued.
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
08/18/80
-1 4 -
Requested by: Director, Permits and Inspections Department
AN ORDINANCE TO AMEND AND REORDAIN
SECTION 8-21(n) OF THE CODE OF THE
CITY OF VIRGINIA BEACH RELATING TO
COMMERCIAL AND INDUSTRIAL BUILDINGS
AND TRAILER LOTS TO WHICH ELECTRICAL
SERVICE HAS BEEN DISCONTINUED
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That Section 8-21(n) of the Code of the City of Virginia
Beach is hereby amended as follows:
Section 8-21. Permits and inspections generally.
(n) All commercial and industrial buildings and trailer
lots to which electrical service has been discontinued, for any
purpose other than nonpayment of electrical bills, including change
of occupancy or use, shall be inspected and released to the power
company by the Department of Permits and Inspections eieetp4e&l
!Eikepeet-or- prior to reconnection or transfer of service to a new
customer.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the Eighteenth day of August, 1980.
08/18/80
- 1 5-
ITEM II-E.3 ITEM #15474
Upon motion by Councilman Holland, seconded by Councilman Standing,
City Council voted to uphold the recommendation of the City Manager
and APPROVE the Ordinance to amend Section 23-27.2 of the Code of the
City of Virginia Beach pertaining to the concealment of merchandise,
e t c .
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
08/18/80
-1 6-
AN ORDINANCE TO AMEND SECTION 23-27.2
OF THE CODE OF THE CITY OF VIRGINIA
BEACH PERTAINING TO THE CONCEALMENT
OF MERCHANDISE, ETC.
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That Section 23-27.2 of the Code of the City of Virginia
Beach is amended and reordained to read as follows:
Section 23-27.2. Concealing or taking possession of merchandise;
altering price tags; transferring goods from one
container to another; counseling, etc., another
in performance of such acts.
Whoever, without authority, with the intention of con-
verting goods or merchandise to his own or another's use without
having paid the full purchase price thereof, or of defrauding the
owner of the value of the goods or merchandise of any store or
other mercantile establishment, or (ii) alters the price tag or
other price marking on such goods or merchandise, or transfers the goods
from one container to another, or (iii) counsels, assists, aids or
abets another in the performance of any of the above acts, shall be
deemed guilty of larceny and upon conviction thereof, shall be
punished as hereinafter provided. The willful concealment of goods
or merchandise of any store or other mercantile establishment, while
still on the premises thereof, shall be prima facie evidence of an
intent to convert and defraud the owner thereof out of the value of
the goods or merchandise.
Any person convicted of a violation of this section, when
the goods or merchandise involved in the offense is less than &ne
two hundred dollars ($200.00), shall be
guilty of a Class I misdemeanor.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the Eighteenth day of August, 1980.
This Ordinance shall be effective upon date of adoption.
0 8/18/80
1 7-
ITEM ii-E.4 ITEM #15475
Upon motion by Councilman Holland, seconded by Councilman Standing,
City Council voted to uphold the recommendation of the City Manager
and APPROVE the Ordinance to amend Section 37-10 of the Code of the
City of Virginia Beach relating to the waste of water.
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
08/18/80
-1 8-
AN ORDINANCE TO AMEND SECTION 37-10
OF THE CODE OF THE CITY OF VIRGINIA
BEACH RELATING TO THE WASTE OF WATER
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINLA:
That Section 37-10 of the Code of the City of Virginia
Beach is amended and reordained to read as follows:
Section 37-10. Waste of water; repair of leaking pipes, etc.
(a) No person shall permit the water to run from any
hydrant, meter, cock or fixture without proper care to prevent
waste. If any pipe, hydrant, meter, cock or other fixture is
found leaking, the owner of the premises shall have the necessary
repairs made immediately upon notice thereof from the Department
of Public Utilities so to do, and failure to repair shall require
the discontinuance of water supply until repairs are made.
(b) Any person who shall willfully and maliciously divert
or waste any public water supply by tampering with any fire hydrant
shall be guilty of a Class 2 misdemeanor.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the Eighteenth day of August, 1980.
This Ordinance shall be effective upon date of adoption.
08/18/80
- 1 9-
ITEM II-E.8 ITEM #15476
Upon motion by Councilman Holland, seconded by Councilman Standing,
City Council voted to uphold the recommendation of the City Manager
and APPROVE the request of Mr. Vincent J. Caamano for a Certificate
of Public Convenience and Necessity f or the operation of a public
vehicle in the City of Virginia Beach. He operates Vince's Executive
Car Service.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, Vice Mayor Harold Heischober,
Barhara 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
08/18/80
- 20-
ITEM II-E.9 ITEM #15477
Upon motion by Councilman Holland, seconded by Councilman Standing,
City Council voted to uphold the recommendation of the City Manager
and APPROVE the tax refunds in the amount of $490.75.
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. Kitcbin, 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
08/18/80
- 21 -
W A T E R A N D S E W E R C 0 M M I T T E E R E P 0 R T
ITEM #15478
Mr. A. J. Chewning, III, Retired Professional Engineer, presented
to Council a report of the Water and Sewer Committee and advised
Council the Committee carefully weighed the commitment of the City
in providing a safe and reliable water system and a healty and
environmentally acceptable sewer collection system that meets the
design requirements of State regulatory agencies. Although
extensive efforts have been made to meet this commitment there
continues to be sections of the City which have unmet needs. The
Committee recognizes the responsibility to provide for these unmet
utility needs.
The allocation of funds over the period of 1980-1985 from this
proposed bond issue falls into these broad categories:
A. $12 Million - Water supply development of
approximately 12 MGD or 1/3 of our 1985 daily
estimated usage. (Fresh water wells and de-
salting).
B. $9 Million - Refunding of already authorized
projects which will save projected interest costs
over the life of the bonds of $600,000.
C. $7 Million - Sewer and water facilities work
in connection with anticipated road and highway
projects during the period.
D. $18 Million - Improvements to the general
system (sewer and water) and installation of
facilities in various existing neighborhoods.
The Committee recommends the following actions:
1. City Council include in the Referendum the
previously authorized $9.1 Million in Revenue
Notes, and replace the Notes with Double-Barrel
Bonds thereby saving the water and sewer customers
substantial interest costs.
2. City Council take the necessary actions to place
a Referendum on the ballot of the November general
election to be held on November 4, which will be
provided for the citizens of Virginia Beach the
opportunity to approve Double-Barrel Bonds in the
amount of $46 Million.
3 . City inf orm the citizens of the details of the
program sufficiently in advance of the election.
4. An Annual Audit Report of the expenditures be
prepared and made available to the public for those
funds approved in the referendum.
08/18/80
2 2-
The Committee consists of the following:
C. Gerald Harris, Chairman
President, Tidewater Builder's Association
Alpheus J. Chewning, III
Retired Professional Engineer
Chatles W. Gardner
Associate Pastor, open Door Chapel, Former City
Councilman
Garland L. Isdell
President-Treasurer, General Construction Company
of Tidewater, Former President, Council of Civic
Organizations, former City Councilman
Edwin C. Kellam, Jr.
Agent, Kellam and Eaton Insurance Company, former
President, Council of Civic Organizations
William H. Kitchin, III
City Councilman
Donald W. Merrick
City Councilman
James V. Powell, Jr.
Vice President, Cox-Powell Air Conditioning,
Professional Engineer
W. Earl Willis
Administrator, General Hospital of Virginia
Beach
Upon motion by Councilman Holland, seconded by Councilman Standing,
City Council voted to accept the report of the Water and Sewer
Committee; and, instructed the City Attorney to prepare the necessary
documents and call for a Special Meeting of the Council.
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
08/18/80
2 3-
M A Y 0 R ' S C 0 M M I T T E E 0 N R 0 A D S
ITEM #15479
May-or McCoy reported on the Mayor's Committee on Roads and advised
Council they had met several times to consider the proposed $56
Million Bond Referendum for Roads; and, in their opinion did not
feel the City should ask the voters for this at the present time
with present uncertainties of State and Federal funding, but should
concentrate on those roads to be built or under construction within
the next two to three years, which are absolutely essential to the
citizens' safety and well-being. It is the recommendation that the
voters be asked to approve the following projects.
Kempsville Road Phase I $ 4,964,608
Indian River Road - Phase II 3,857,263
General Booth Boulevard -
Phase 1 7,418,750
Bonney Road 5,099,166
North Beach Storm Drainage -
Phase II 1,250,500
Virginia Beach Boulevard - Toll
Road South to Jefferson Avenue 300,000
$22,890,287
In addition, the Committee would like the State to accept Kempsville
Road - Phase II as a State/Federal project as well as expedite roads
which have been indefinitely deferred by the State because of the lack
of State matching funds. These roads include but are not limited to:
Newtown Road; Great Neck Road; Holland Road
In order to expedite these funds, it is recommended that funds from
the Virginia Beach Boulevard project be transferred to these more
pressing priorities. It should be understood, however, that the
computerized signalization of Virginia Beacb Boulevard as well as
plans and right-of-way acquisition should continue under the present
time frame.
The Committee also recommended that City Council pursue discussions
with our State representatives to amend the City Charter to allow
greater bonding flexibility for the construction of roads without
Referendum.
08/18/80
- 24-
The Committee consists of:
J. Henry McCoy, Jr., D.D.S.
Har.old Heischober
F. Reid Ervin
Clarence A. Holland, M.D.
Meyera E. Oberndorf
Upon motion by Councilman Holland, seconded by Councilwoman Oberndorf,
City Council voted to accept the report of the Mayor's Committee on
Roads; and, instructed the City Attorney to prepare the necessary
documents and call for a Special Meeting of the Council.
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
08/18/80
2 5-
ITEM #15480
Upon motion by Councilman Standing, seconded by Councilman Ervin,
City Council voted to hold a Special Meeting on Wednesday, 27
August 1980, at 9:00 a.m., for the second reading of the Resolution
calling for a Bond Referendum.
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
08/18/80
26-
P L A N N I N G A G E N D A
ITEM II-F.1 ITEM #15481
Upon motion by Councilman Holland, seconded by Councilman Standing,
City Council voted to uphold the recommendation of the Planning
Commission and APPROVE the application of JERRY LEE DAVIS, D.B.A.,
ARAGONA AUTO REPAIR, for a Conditional Use Permit, as per the
following; subject to the seven (7) conditions as outlined in the
City Manager's letter:
ORDINANCE UPON APPLICATION OF R0880332
JERRY LEE DAVIS, D.B.A., ARAGONA
AUTO REPAIR, FOR A CONDITIONAL
USE PERMIT FOR AN AUTOMOBILE
REPAIR ESTABLISHMENT
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA, THAT:
Ordinance upon application of Jerry Lee Davis, D.B.A., Aragona
Auto Repair for a Conditional Use Permit for an automotive
repair establishment on certain property located on the South
side of North Witchduck Road beginning at a point 175 feet
West of Jericho Road, running a distance of 80 feet along the
South side of North Witchduck Road, running a distance of
192.55 feet along the Western property line, running a distance
of 71.28 feet along the Southern property line and running a
distance of 201.17 feet along the Eastern property line. Said
parcel contains .329 acre. BAYSIDE BOROUGH.
Approval is subject to tbe following conditions in conjunction
with the intended use of the land:
1. Standard improvements as required by the Site Plan
Ordinance.
2. City water and sewer.
3. No sale or processing of scrap, salvage, or the dismantling
of vehicles for parts is allowed.
4. All storage of auto parts, machinery tools, etc., is to be
within a permanent building.
5. All repair work is to be performed within the building.
6. All vehicles which must remain on site due to the need
for specially ordered parts are to be kept in a fenced
compound. This area should consist of a hard weather
proof surface with a six-foot screening fence.
7. A building permit is required prior to the operation of
the automobile repair business. In conjunction with this
change in the existing building's use, the following
building code specifications must be met:
08/18/80
2 7-
a. The repair shop is to be separated from the rest of
the bui-lding by a three-hour fire resistant rated
masonry wall from the noncombustible floor to the
underside of the noncombustible roof sheathing.
b. Enclosed garage areas are to be equipped with
mecbanical ventilation adequate to provide six
air changes per hour.
c. The actual repair area shall have provisions to
collect the exhaust fumes from each vehicle
individually and to discharge such fumes to the
outer air by means of a positive induced draft.
d. If a pit is installed, it is to be provided with
mechanical ventilation to give six air changes
per hour.
Tbis Ordinance shall be effective upon date of adoption.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the Eighteenth day of August, 1980.
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
08/18/80
2 8 -
ITEM II-F.2 ITEM #15482
Mr. Norman Scruggs appeared in behalf of the application.
Upon motion by Councilwoman Oberndorf, seconded by Councilman Standing,
City Council voted to uphold the recommendation of the Planning
Commission and APPROVE the application of NORMAN E. AND BARBARA A.
SCRUGGS for a Change of Zoning District Classification, as per the
following; subtect to the five (5) conditions as outlined in the
City Manage r ' s let te r, and the Planning Commis s ion.
ORDINANCE UPON APPLICATION OF NORMAN Z0880519
E. AND BARBARA A. SCRUGGS FOR A CHANGE
OF ZONING DISTRICT CLASSIFICATION FROM
R-8 RESIDENTIAL DISTRICT TO B-2
COMMUNITY BUSINESS DISTRICT.
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA, THAT:
Ordinance upon application of Norman E. and Barbara A. Scruggs
for a Change of Zoning District Classification from R-8
Resid n@tial District to B-2 Community-Business District on
certain property located on the South side of Kempsville Road
beginning at a point 282.84 feet West of Centerville Turnpike-,
running a distance of 274.59 feet along the South side of
Kempsville Road, running a distance of 433.55 feet in a South-
easterly direction, running a distance of 199.01 feet in a
Northeasterly direction, running a distance of 114.47 feet in
a Southeasterly direction, running a distance of 229.38 feet
along the West side of Centervi.Ile Turnpike, running a distance
of 198.27 feet in a Southwesterly direction and running a dis-
tance of 171.30 feet in a Northwesterly direction. Said parcel
contains 2.39 acres. KEMPSVILLE BOROUGH.
Approval is subject to the following conditions in conjunction
with the intended use of the land:
1. Standard improvements as required by the Site Plan Ordinance.
2. This site is not approved for septic tank. The developer
must extend sewer service to this site.
3. A fifteen-foot (15') landscaped buffer is to be provided
along the adjacent residential areas.
4. A variable dedication of right-of-way 45-feet from the
construction centerline along this site's frontage on
Centerville Turnpike as shown on plans on file in the
City Engineer's Office (a variable dedication).
5. A variable width dedication of right-of-way along this
site's frontage on Kempsville Road as shown on plans on
file in the City Engineer's Office (a variable dedication).
This Ordinance shall become effective upon date of adoption.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the Eighteenth day of August, 1980.
08/18/80
2 9-
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,
Mayor J. Henry McCoy, Jr., Donald W. Merrick, Meyera E.
Oberndorf, and,Patrick L. Standing
Council Members Voting Nay:
Reba S. McClanan
Council Members Absent:
None
08/18/80
30-
ITEM II-F.2.b ITEM #15483
Mrs. Bernice Stephens appeared in behalf of the applicant.
Upon motion by Councilman Standing, seconded by Councilman Baum,
City Council voted to uphold the recommendation of the Planning
Commission and APPROVE the application of GERALDINE Y. STEPHENS
for a Change of Zoning District Classification, as per the
following; subject to the five'(5) conditions as outlined in the
City Manager's letter:
ORDINANCE UPON APPLICATION OF Z0880520
GERALDINE Y. STEPHENS FOR A
CHANGE OF ZONING DISTRICT
CLASSIFICATION FROM R-6
RESIDENTIAL DISTRICT TO A-2
APARTMENT DISTRICT
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA, THAT:
Ordinance upon application of Geraldine Y. Stephens for a Change
of Zoning District Classification from R-6 Residential District
to A-2 Apartment District on certain property located on the
South side of Old Virginia Beach Road beginning at a point 450
feet more or less East of North Birdneck Road, running a distance
of 244.53 feet along the South side of Old Virginia Beach Road,
running a distance of 330.14 feet along the Eastern property line,
running a distance of 179.67 feet along the Sqouthern property line
and running a distance of 270.15 feet along the Western property
line. Said parcel contains 1.36 acres. LYNNHAVEN BOROUGH.
Approval is subject to the following conditions in conjunction
with the intended use of the land:
1. Standard improvements as required by the Site Plan Ordinance.
2. City water and sewer.
3. Drainage directed toward the Virginia Beach-Norfolk Expressway
will require permission from the Toll Road Authority.
4. Right-of-way improvements are necessary; this includes pavement
widening, curb and gutter, sidewalks, and drainage facilities.
5. A dedication of right-of-way 25 feet from the centerline
of the existing 30-foot right-of-way along the 244.53 foot
frontage on Old Virginia Beach Road (a 10-foot dedication).
This Ordinance shall be effective upon date of adoption.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the.Eighteenth day of August, 1980.
08/18/80
- 31-
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
08/18/80
- 3 2-
ITEM II.F.2.c ITEM #15484
Mrs. Bernice Stephens appeared in behalf of the applicant.
Upon motion by Councilman Kitchin, seconded by Councilman Ervin,
City Council voted to uphold the recommendation of the Planning
Commission and APPROVE the application of GERALDINE Y. STEPHENS
for a Conditional Use Permit, as per the following; subject to
the two (2) conditions as outlined in the City Manager's letter:
ORDINANCE UPON APPLICATION OF R0880333
GERALDINE Y. STEPHENS FOR A
CONDITIONAL USE PERMIT FOR A
DUPLEX.
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA, THAT:
Ordinance upon application of Geraldine Y. Stephens for a
Conditional Use Permitfor a duplex on certain property
located on the West side of Mediterranean Avenue beginning
at a point 50 feet South of 13th Street, running a distance
of 75 feet along the West side of Mediterranean Avenue,
running a distance of 125 feet along the Southern property
line, running a distance of 75 feet along the Western pro-
perty line and running a distance of 125 feet along the
Northern property line. Said parcel contains .215 acre.
VIRGINIA BEACH BOROUGH.
Approval is subject to the following conditions in conjunction
with the intended use of the land:
1. Standard improvements as required by the Site Plan
Ordinance.
2. City water and sewer.
This Ordinance shall be effective upon date of adoption.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the Eighteenth day of August, 1980.
Voting. 11-0
08/18/80
3 3-
Council Members V,oting Aye:
i
John A. Baum, F. Reid Ervin, Vice Mayor Harold Heischober,
Barbata 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
08/18/80
34-
ITEM 11-F.2.d ITEM #15485
Upon motion by Vice Mayor Heischober, seconded by Couilcilman Merrick
City Council voted to uphold the recommendation of the.'Planning
Commission and APPROVE the application of BEN FRANK'S, INC., for a
Conditional Use Permit, as per the following; subject to the two
(2) conditions as outlined in the City Manager's letter:
ORDINANCE UPON APPLICATION OF BEN R0880334
FRANK'S, INC., FoR A CONDITIONAL
USE PERMIT FOR AN AUTOMOBILE REPAIR
ESTABLISHMENT (INSTALLATION OF T-TOPS
AND SUN ROOFS)
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA, THAT:
Ordinance upon application of Ben Frank's, Inc., for a
Conditional Use Permit for an automobile repair establishment
(installation of T-Tops and Sun Roots) on certain property
located on the North side of Virginia Beach Boulevard beginning
at a point 296.7 feet West of First Colonial Road, running a
distance of 170 feet along the North side of Virginia Beach
Boulevard, running a distance of 275 feet along the Western
property line, running a distance of 100 feet along the
Northern property line, running a distance of 184 feet in a
Southerly direction, running a distance of 70 feet in an
Easterly direction, and running a distance of 91 feet in a
Southerly direction. Said parcel contains .78 acre.
LYNNHAVEN BOROUGH.
Approval is subject to the following conditions in conjunction
with the intended use of the land:
1. Approval is for two (2) years.
2. All repair work is to be performed within the building.
This Ordinance shall be effective upon date of adoption.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the Eighteenth day of August, 1980.
Voting: 11-0
08/18/80
3 5-
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
08/18/80
3 6 -
ITEM II-F.2.e ITEM #15486
Mr. William Cutrell appeared in behalf of the applicant
Upon motion by Councilman Holland, seconded by Councilman Standing,
City Council voted to uphold the recommendation of the Planning
Commission and APPROVE'the application of J. HENRY HOLLAND CORPORATION,
for a Conditional Use Permit, as per the following; subject to the
four (4) conditions as outlined in the City Manager's letter:
ORDINANCE UPON APPLICATION OF J. R0880335
HENRY HOLLAND CORPORATION FOR A
CONDITIONAL USE PERMIT FOR THE
ERECTION OF A COVERED PIPE RACK
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA, THAT:
Ordinance upon application of J. Henry Holland Corporation
for a C6nditional Use Permit for the erection of a covered
pipe rack on certain property located at the Southeast
corner of Thurston Avenue and Air Rai-1 Avenue, running a
distance of 588.81 feet along the South side of Thurston
Avenue, running a distance of 520 feet along the Eastern
property line, running a distance of 808.32 feet along
the Southern property line and running a distance of
587.70 feet along the East side of Air Rail Avenue. Said
parcel contains 8.945 acres. BAYSIDE BOROUGH.
Approval is subject to the following conditions in conjunction
with the intended use of the land:
1. Standard improvements as required by the Site Plan
Ordinance.
2. No sale or processing of scrap, salvage, or second-hand
material will be permitted.
3. A fence or wall not less than 6-feet in height shall
completely enclose the storage yard except for the
necessary openings for ingress and egress.
4. The proposed storage area cannot be located within
the 25 foot setback from the street.
This Ordinance shall be effective upon date of adoption.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the Eighteenth day of August, 1980.
Voting: 11-0
08/18/80
3 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
COUNCILWOMAN McCLANAN VOICED A "VERBAL" AYE.
08/18/80
3 8-
ITEM II-G.l.a ITEM #15487
Upon motion by Councilman Ervin, seconded by Councilman Merrick,
City Council voted to DEFER FOR ONE WEEK the Ordinance to autborize
a temporary encroachment by Richard S. Bartley into a portion of
the City property located adjacent to the Atlantic Ocean.
Voting: 11-0
Council Members Voting Aye: (for deferral)
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
08/18/80
- 3 9-
Requested by: Public Works Department
AN ORDINANCE TO AUTHORIZE A TEMPORARY
ENCROACHMENT BY RICHARD S. BARTLEY
INTO A PORTION OF THE CITY PROPERTY
LOCATED ADJACENT TO THE ATLANTIC
OCEAN.
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That pursuant to the authority and to the extent thereof
contained in Section 15.1-893, Code of Virginia, 1950, as amended,
Richard S. Bartley is authorized to erect and maintain a temporary
encroachment in the City property located adjacent to the Atlantic
Ocean.
That the temporary encroachment herein authorized is for
the purpose of constructing and maintaining landscaping, plats and
stairway steps; and, that such constructing and maintaining land-
scaping, planters and stairway steps shall be erected and maintained
in accordance with the City of Virginia Beach Public Works Department's
specifications and approval as to size, alighment and location and
shall be more particularly described as follows, to wit:
An area of encroachment into a portion of City
owned property designated by the shaded area
as shown on that certain plat entitled: "Physical
Survey of Lots 7 and 8, The Hollies, Virginia
Beach, Virginia," a copy of which is on file in
the Department of Public Works, City of Virginia
Beach to which reference is made for a more
particular description..
PROVIDED, HOWEVER, that the temporary encroachment herein
authorized shall terminate upon notice by the City of Virginia Beach
to Robert S. Bartley, his heirs, assigns and successors in title
and that within sixty (60) days after such notice is given, such
temporary encroachment shall be removed from the City property
located adjacent to the Atlantic Ocean by Richard S. Bartley, his
heirs, assigns and successors in title; and that Richard S. Bartley
his heirs@, assigns and successors in title shall bear all costs and
expenses of such removal.
08/18/80
-40 -
AND, PROVIDED FURTHER, that it is expressly understood and
agreed that Richard S. Bartley, his heirs, assigns and successors in
title shall indemnify and hold harmless the City of Virginia Beach,
its agents and employ6es, from and against all claims, damages, losses
and expenses including reasonable attorney's fees in case it shall be
necessary to file or defend an action arising out of the location or
existence of such temporary encroachment.
AND, PROVIDED FURTHER, that nothing herein contained shall
be construed to enlarge such permission and authority to permit the
maintenance or construction of any encroachment other than those
specified herein and to the limited extent specified herein, nor to
permit the maintenance or construction of any encroachments by
anyone other than Robert S. Bartley, his heirs, assigns and successors
in title.
AND, PROVIDED FURTHER, that the City of Virginia Beach,
upon revocation of such authority and permission so granted, may
remove any such encroachment and charge the cost thereof to Robert
S. Bartley, his heirs, assigns and successors in title and collect
the cost in any manner provided by law for the collection of local
or state taxes; may require Robert S. Bartley, his heirs, assigns
and successors in title to remove such temporary encroachments; and
pending such removal, the City may charge Robert S. Bartley, his
heirs, assigns and successors in title compensation for the use of
such portion of the easement encroached upon the equivalent of what
would be the real property tax upon the land so occupied if it were
owned by Robert S. Bartley, his heirs, assigns and successors in
title; and, if such removal shall not be made within the time ordered
hereinabove by this Ordinance, the City shall impose a penalty in the
sum of One Hundred Dollars ($100.00) per day for each and every day
that such encroachment is allowed to continue thereafter, and shall
collect such compensation and penalties in any manner provided by
law for the collection of local or state taxes.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the day of 1-980.
08/18/80
- 41-
S E C 0 N D R E A D I N G S
ITEM II-G.2.a.1.2 ITEM #15488
Upon motion by Councilman Merrick, seconded by Councilman Ervin,
City Council voted to uphold the recommendation of the City Manager
and APPROVE ON SECOND READING the Ordinance to increase the advance
from the General Fund to the City Garage Internal Service Fund by
$45,000 ; AND, theord inance to appropria te $3,124, 853 for Fiscal Year
1981 for the payment of purchase orders brought forward from Fiscal
Year 1980.
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
08/18/80
4 3-
AN ORDINANC E TO APPROPRIATE $3,124,853
FOR FISCAL YEAR 1981 FOR THE PAYMENT
OF PURCHASE ORDERS BROUGHTIFORWARD FROM
FISCAL YEAR 1980
WHEREAS, during the course of business in Fiscal Year
1980, purchase orders or contracts were issued committing the City
to purchases of materials, supplies, equipment or services for use
by several departments, divisions, or bureaus; and,
WHEREAS, these purchase orders or contracts were charged
to appropriations previously authorized for the Fiscal Year ended
June 30, 1980, so as to reduce the unencumbered balance of those
appropriations; and,
WHEREAS, on June 30, 1980, there were purchase orders or
contracts totaling $3,124,853 for which materials, supplies, equipment
or services had not been delivered or invoiced.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE
CITY OF VIRGINIA BEACH, that the funds totaling $3,124,853 unexpended
and represented by purchase orders outstanding on June 30, 1980, be
reappropriated as additions to Fiscal Year 1981 appropriations to
the respective departments, divisions or bureaus of the City so that
upon delivery of the materials, supplies, equipment or services,
there shall be sufficient funds to make payment. These funds shall
be appropriated from the following respective fund balances:
General $1,850,019
Water and Sewer 712,157
Golf Courses Enterprise 97
Law Library 271
School Operating 562,309
Total Appropriations $3,124,853
This Ordinance shall be effective from date of adoption.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the Eighteenth day of August, 1980.
08/18/80
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F I R S T R E A D I N G S
ITEM II-G.2.b.1 ITEM #15489
AN ORDINANCE To APPROPRIATE FUNDS
FOR ADDITIONAL POSITIONS AND RELATED
APPROPRIATIONS TO THE DEPARTMENT OF
SOCIAL SERVICES
WHEREAS, the Department of Social Services has experienced
a large increase in food stamp and public assistance applications;
and,
WHEREAS, this increase requires fifteen (15) additional
personnel positions in order to process these applications within
federally prescribed time frames; and,
WHEREAS, funds required for this positions and accompanying
expenses are as follows:
Salaries $ 1 2 4 , 6 0 1
Fringe Benefits 25,800
Office Supplies 3,930
Capital Outlay 25,975
$180,306
WHEREAS, the above request has been submitted to the
Virginia State Department of Welfare for their 80% participation;
and,
WHEREAS, these positions and appropriations are contingent
upon State approval and will be adjusted if their approval is less.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH that funds of $180,306 be appropriated to the
Department of Social Services for the above request. This
appropriation is to be financed by an increase in Estimated Revenues
from the Commonwealth of $144,245 and by $36,061 from the General
Fund Balance.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the day of 1980
FIRST READING:- 18 August 1980
SECOND READING:
08/18/80
4 5-
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
C6uncil Members Voting Nay:
None
Council Members Absent:
None
08/18/80
4 6-
N E W B U S I N E S S
ITEM II-I.1 ITEM #15491
Attorney H. Calvin Spain, representing James D. Parker, appeared
before Council requesting his client be permitted to waive curb,
gutter and sidewalks on a 20-acre parcel located on Little Neck
Point.
Upon motion by Councilman Merrick, seconded by Vice Mayor Heischober,
City Council voted to waive curb, gutter and sidewalks on the 20-acre
parcel owned by Mr. Parker; AND, instructed the City Attorney to
prepare the necessary agreements stating that in the event the
Condominimum agreement is dissolved the Condominimum owners must
fully comply with the Subdivision Ordinance in effect at that time.
Voting: 6 - 5
Council Members Voting Aye:
F. Reid Ervin, Vice Mayor Harold Heischober, Clarence A.
Holland, W. H. Kitchin, III, Reba S. McClanan, Donald W.
Merrick
Council Members Voting Nay:
John A. Baum, Barbara M. Henley, Mayor J. Henry McCoy,
Jr., Meyera E. Oberndorf, and Patrick L. Standing
Council Members Absent:
None
08/18/80
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A P P 0 I N T M E N T S
ITEM #15492
Mayor McCoy appointed the following to the MAYOR'S COMMITTEE TO
STUDY NORFOLK WATER:
Chairman F. Reid Ervin
Donald W. Merrick
George L. Hanbury
A D J 0 U R N M E N T
ITEM II-J.1 ITEM #15493
Upon motion by Councilman Merrick, seconded by Councilman Standing,
and by UNANIMOUS vote, the meeting adjourned at 3:35 p.m.
Diane M. Hickman, Deputy City Clerk
Ruth Hodges @ith, City Clerk Mayor iwry@ , rl_x @D.S.
City of Virginia Beach,
Virginia
18 August 1980
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