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HomeMy WebLinkAboutNOVEMBER 3, 1980 MINUTES Cit@(Df @@ekc:la "WORLD'S LARGEST RESORT CITY" CITY COUNCIL MAYOR 1. HENRY M,COY JR., D.D.S.. K..P..ill. B.@.8h VICE-MAYOR HAROLD HEISCHOBER. A, L.,, JOHN A. BAUM. B.-,A, F. REID ERVIN, A, L.,g. BARBARA M. HENLEY, P..g. B...gb CLARENCE A. HOLLAND. M.D.. B.y.id. B...gb W. H. KITCHIN. Ill, Vi,gi.,. b-,b B --- gb REBA S. M,CLANAN, P,i.@... A-. B...gb DONALD W. MERRICK, Ly..b..- B...gh MEYERA E. OBERNDORF, A, L.,g. 212 CRTY HALL BUILDING PATRICK L. STANDING, A, L.,g, MUNICIPAL CENTER VIRGINIA BEACH, VIRGINIA 23456 RUTH HODGES SMITH, Cil, CIIII (904) 427-4303 CITY COUNCIL AGENDA ITEM I INFORMAL SESSION: 1:00 p.m. November 3, 1980 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. Christmas and New Year's Holidays for City Employees: Discussion ITEM II FORMAL SESSION: 2:00 p.m. A. INVOCATION: Reverend David M. Humphreys Pastor Bayside Christian United Church of Christ B. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA C. ELECTRONIC ROLL CALL OF COUNCIL D. MINUTES OF PREVIOUS MEETING: 1. Motion to accept/approve the minutes of 27 October 1980. E. PRESENTATION: 1. Junior Miss Virginia Beach - Lisa Marie Versprille F. RESOLUTIONS 1. Resolution requesting the State Water Study Commission's recommendation for General Assembly legislation to provide state-wide surface and ground water supply and allocation. a. The City Manager's letter transmits his recommendation that Council support Alternative B and further that the Commission be continued to further study, develop and refine Allocation C for a final recommendation to its enactment at the 1982 session of the General Assembly. 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. State-Local Hospitalization contract: 1979-80 1980-81 Community Mental Health Center and Psychiatric Institiate $169.30 $171.31 2. Raffle Permit: Roma Lodge #254 - Order Sons of Italy of America Raffle 3. An Ordinance, on SECOND READING, to accept a grant totaling $123,779 from State Aid to Public Libraries and to appropriate these funds. H. PLANNING ITEMS 1. Street Closures a. Application of D. Murray Malbon for a petition for the closure of a portion of Wright's Right-of-Way (Lynnhaven Borough). 1. The letter from the City Manager transmits the recommenda- tion of the Planning Commission and the Viewers for approval. b. Application of D. Murray Malbon for a petition for the closure of a portion of Jefferson Avenue (Lynnhaven Borough). 1. The letter from the City Manager transmits the recommenda- tion of the Planning Commission for approval and the recom- mendation of the Viewers for denial. 2. Encroachment a. Application of Mr. and Mrs. John Sutton for an Ordinance to authorize a temporary encroachment into a portion of the right- of-way of Poinciana Drive extended. ORDINANCES 1. Appropriations a. First Readings 1. An Ordinance, on first reading, to appropriate $89,883 for the purchase of fire appar@tus. 2. An Ordinance, on first reading, to accept a cjrant totaling $43,993 from the Division of Justice and Crime Prevention and to appropriate these funds. 2. City Code Arnendments a. An Ordinance to amend and reordain Chapter 24 of the Code of the City of Virginia Beach by adding thereto an Article III pertaining to dealers in precious metals and gems; AND, an Ordinance to amend and reordain Chapter 20, Article II, of the Code of the City of Virginia Beach by adding there- to a Division 17 pertaining to dealers in precious metals and gems. 3. Bids a. Low Bid of Asphalt Roads and Materials, in the amount of $413,674.60, for the construction of the Pleasure House Road - Beechwood Road Project. J. APPOINTMENTS - BOARDS/COMMISSIONS 1. Transportation Safety Commission K. UNFINISHED BUSINESS L. NEW BUSINESS M. ADJOURNMENT 1. Motion to adjourn M I N U T E S VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia 3 November 1980 The Regular Meetiag 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, 3 November 1980 at one o'clock in the afternoon. Council Members Present: 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: John A. Baum ITEM #15806 Mayor McCoy entertained a motion to permit Council to conduct its INFORMAL SESSION to be followed by an EXECUTIVE SESSION for the pur- pose 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 public body. (Legal Matters). - 2- Upon motion by Councilman Holland, seconded by Councilman Standing, City Council voted to proceed into the EXECUTIVE SESSION following the INFORMAL SESSION. Vot ing: 10-0 Council Members Voting Aye: 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. @rrick, Meyera E. Oberndorf, and Patrick L. Standing Council Members Voting Nay: None Council Members Absent: John A. Baum - 3- M A T T E R S B Y T H E M A Y 0 R ITEM #15807 Mayor McCoy advised Council he traveled to New York with personnel from the Department of Economic Development to attend meetings concerning Tourism and Conventions. Mayor McCoy requested tbe Department of Economic Development meet witb City Council during a future INFORMAL SESSION to discuss this matter further. ITEM #15808 Mayor McCoy reminded Council of the meeting Monday, November 10, 1980 concerning the water shortage. I It was requested by Councilman Ervin that the meeting be on November 17, 1980, as he will be out of the City , 10 November 1980. The City Manager advised Council the meeting will be November 17, 1980, at 11:00 a.m. ITEM #15809 Mayor McCoy referenced a letter from Chairman J. Harry Mote, Planning Commission, concerning the sale of merchandise by mobile vendors with- in the City of Virginia Beach by use permit only. It was the consensus of the Planning Commission that a use permit approach should not be pursued as an answer to the problem, as the matter is not a land use matter but, instead, a matter of regulation of various aspects of an ongoing business. The Planning Commission offered the following recommendations: 1. Assertions made concerning potential health problems associated with the sale of seafood be investigated by the proper agencies and that changes in health regulations, if necessary, be made. 2. The issue related to licensing fees and other fees charged to mobile vendors be investigated and that, if necessary, changes be made to that fee structure. 3. If it is found that the use of the City right-of-way at certain points in the City for sales from mobile vehicles becomes a problem due to traffic or other concerns, amendments to the City Code be made to regulate or ban such activities. It was noted that all of the above recommendations may be taken without the necessity of amendments to the Zoning Ordinance. - 4- ITEM #15810 Mayor McCoy advised Council he sent letters to the Mayors of the Southampton Roads Cities regarding a Regional Stadium. Councilman Ervin requested the City's Tidewater Stadium Authority meet concerning this matter. This matter has been placed on the FORMAL AGENDA, under UNFINISHED BUSINESS, for further discussion. ITEM #15811 Councilman Holland advised Council that he and Councilman Standing were appointed to a Committee to study the City's Travel Policy. The Policy was placed in Council's Agenda package for their perusal. This matter will be placed on a future INFORMAL AGENDA for discussion. ITEM #15812 Councilwoman Oberndorf made reference to an article in a local newspaper concerning the City Treasurer. Councilwoman Oberndorf advised Council she had requested the Treasurer appear before Council concerning the matter. The City Treasurer requested Council to appoint a Committee to meet with bim in the near future so they may be made aware of what he feels would make a good policy that Council might endorse. Mr. Roughton, from the School Board, appeared before Council concerning this matter. ITEM #15813 Lieutenant Commander Sam Jackson, NAS Oceana, appeared before Council during tbe INFORMAL SESSION to advise Council he was being transferred to Little Creek. - 5- 1 N F 0 R M A L S E S S I 0 N ITEM #15814 The City Manager requested City Employees be granted a one-half day holiday on Christmas Eve (December 24, 1980), and a full-day holiday on Friday, December 26, 1980; also, since New Years Day falls on Thursday (January 1, 1981), a full-day holiday Friday, January 2, 1981). Councilwoman Henley suggested employees be granted one-half day Christmas Eve; however, they work all day New Year's Eve. The City Attorney will draft a Resolution regarding the above matter. City Council RECESSED into EXECUTIVE SESSION (1:35 p.m.) - 6- F 0 R M A L S E S S I 0 N VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia 3 November 1980 2:10 p.m. Council Members Present: 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 Patrick L. Standing Council Members Absent: John A. Baum, and Meyera E. Oberndorf INVOCATION: Reverend David M. Humphreys, Pastor Bayside Christian United Church of Christ PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA 7- M I N U T E S ITEM II-D.1 ITEM #15815 COUNCILWOMAN OBERNDORF ENTERED COUNCIL CHAMBERS AT 2:14 p.m. Upon motion by Councilman Merrick, seconded by Vice Mayor Heischober, City Council voted to APPROVE a CORRECTION to the Minutes of the Regular Meeting of 27 October 1980. ITEM #15786 - Tax Refunds $219.44 License Refunds $782.60 Voting: 10-0 Council Members Voting Aye: 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: Jotm A. Batcn - 8- ITEM II-D.la ITEM #15816 Upon motion by Councilman Merrick, seconded by Councilman Standing, City Council voted to APPROVE the Minutes of the Regular Meeting of 27 October 1980, as CORRECTED. Voting: 10-0 Council Members Voting Aye: F. Reid Ervin, Vice Mayor Harold Heiscbober, Barbara M. Henley, Clarence A. Holland, W. H. Kitchin, II1, 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: John A. Baum 9- P R E S E N T A T I 0 N ITEM II-E.1 ITEM ill5817 Mayor McCoy introduced Junior Miss Virginia Beacb, Lisa Marie Versprille, and presented her witb a Plaque of the City Seal. Miss Versprille thanked Council for the Plaque and advised them sbe was "looking forward" to representing Virginia Beach in the Junior Miss Pageant in Roanoke, Virginia. R E S 0 L U T I 0 N S ITEM II-F.1 ITEM #15818 R E S 0 L U T I 0 N WHEREAS, in 1977, tbe Virginia General Assembly created the State Water Study Commission and charged them with developing recommendations for solving surface and ground water supply and allocation problems on a State-wide basis but, specifically, with respect to Northern and Southeastern Virginia; and, WHEREAS, the Commission has observed that State laws and policies, which are based on the Riparian Doctrine are conflicting and unclear as to purpose and application and may not ensure tbat tbis precious recourse will be managed in the most equitable and effective way; and, WHEREAS, the continued vitality and well being of the Commonwealth is dependent upon the availability of adequate water, both in quantity and quality, when and where it is needed; and, WHEREAS, the Commission is currently considering three Alternatives for solving the water supply and allocation problems described as follows: -10- Alternative A: the development of a State water plan, increased data collection, and increased assistance to localities to improve water management. Alternative B: modification of the Riparian Doctrine and its application including adoption of harmless use legislation, and the clarification of a lawful diversion of water. Alternative C: a comprehensive new water code which would substitute a "public trust" doctrine on water rights for Reparian Common Law and which would institute a permit process to manage significant water use; and, WHEREAS, the continued water shortage in Southeastern Virginia makes it essential that the General Assembly act immediately to allow localities to go beyond their boundaries to obtain water in an equitable manner. NOW, THEREFORE, BE IT RESOLVED, by the Council of the City of Virginia Beach, that the State Water Study Commission is urged to recommend, and the General Assembly enact Alternative B as an interium step during the 1981 session of the General Assembly. BE IT FURTHER RESOLVED, that the General Assembly is urged to continue the State Water Study Commission one more year with the intent that it hold public hearings to develop and refine Alternative C so that a final recommendation for its enactment can be made to the 1982 Session of the General Assembly. Adopted by the Council of the City of Virginia Beach, Virginia, on the Third day of November, 1980. Upon motion by Councilman Merrick, seconded by Vice Mayor Heischober, City Cotincil voted to uphold the recommendation of the City Manager and ADOPT the Resolution requesting the State Water Study Commission's recommendation for General Assembly legislation to provide State-wide surface and ground water supply allocation; and, support Alternative B and, furtber, that the Commission be continued to further study, develop and refine Alternative C for a final recommendation to its enactment at the 1982 Session of the General Assembly. Voting: 10-0 Council Members Voting Aye: F. Reid Ervin, Vice Mayor Harold Heischober, Barbara M. Henley, Clarence A. Holland, W. H. Kitchin, 111, 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: John A. Baum -1 2- C 0 N S E N T A G E N D A ITEM II-G ITEM #15819 Upon motion by Councilman Standing, seconded by Councilwoman Henley, City Council voted to APPROVE the CONSENT AGENDA by ONE MOTION: Voting: 10-0 Council Members Voting Aye: 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: John A. Baum -1 3- ITEM 11-G.1 ITEM #15820 Upon motion by Councilman Standing, seconded by Councilwoman Henley, City Council voted to uphold the recommendation of the City Manager and APPROVE the State-Local Hospitalization Contract with Community Mental Health Center and Psychiatric Institute: 1979-80 1980-81 Community Mental Health Center and Psychiatric Institute $169.30 $171.31 Voting: 10-0 Council Members Voting Aye: 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: John A. Baum -1 4- ITEM II-G.2 ITEM #15821 Upon motion by Councilman Standing, seconded by Councilwoman Henley, City Council voted to uphold the recommendation of the City Manager and APPROVE the Raffle Permit for the Roma Lodge #254 - Order Sons of Italy of America. Voting; 10-0 Council Members Voting Aye: 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; John A. Baum -1 5- ITEM II-G. 3 ITEM #15822 AN ORDINANCE TO ACCEPT A GRANT TOTALING $123,779 FROM STATE AID TO PUBLIC LIBRARIES AND TO APPROPRIATE THESE FUNDS. WHEREAS, City Council is interested in enhancing the quality of service provided by our Public Libraries; and, WHEREAS, a Grant of $123,779 from State Aid to Public Libraries is available for this purpose; and, WHEREAS, no local funds are required. NOW, THEREFORE, BE IT ORDAINED BY THE Council of the City of Virginia Beach that funds of $123,779 from State Aid to Public Libraries be accepted and appropriated in the Department of Public Libraries for the Fiscal Year 1981 Operating Budget as follows: Books and Subscriptions $1 00 , 64 4 Travel and Training 1 , 9 50 Capital Outlay 5, 2 5 9 Office Supplies 2 74 Other Professional Services 15,652 Total $123,779 BE IT FURTHER ORDAINED that estimated revenues from the Commonwealth of Virginia be increased by $123,779 to finance the appropriation. This Ordinance shall be effective from date of adoption. ADOPTED by the Council of the City of Virginia Beach, Virginia, on the Third day of November, 1980 FIRST READING: 27 October 1980 SECOND READING: 3 November 1980 -1 6- Upon motion by Councilman Standing, seconded by Councilwoman Henley, City Council voted to uphold the recommendation of the City Manager and APPR-OVE ON SECOND READING tbe Ordinance to accept a Grant totaling $123,779 from State Aid to Public Libraries and to appropriate these f unds . Voting: 10-0 Council Members Voting Aye: 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: John A. Baum 0 80 -1 7- S T R E E T C L 0 S U R E S ITEM II-H.1/2 ITEM #15823 Attorney V. A. Etberidge, Jr., appeared in behalf of the applicant. The following appeared in opposition to the closure of Jefferson Avenue: Wilson Chaplain Billy W. Chaplain Upon motion by Councilman Merrick, seconded by Vice Mayor Heischober, City Council voted to DEFER FOR Two (2) WEEKS the Ordinances upon application of D. Murray Malbon for the closure of a portion of Wright's Right-of-Way and a portion of Jefferson Avenue, in the Lynnhaven Borough. Application of D. Murray Malbon for the discontinuance, closure and abandonnent of Wright's Right-of-Way beginning at the Southern boundary of 19th Street, running a distance of 301.14 feet along the Eastern property line, running a distance of 2.62 feet along the Southern property line, running a distance of 299.85 feet along the Western property line and running a distance of 8.15 feet along the Northern property line. Said parcel contains .036 acre. LYNNHAVEN BOROUGH. Application of D. Murray Malbon for the discontinuance, closure and abandonment of a portion of Jefferson Avenue beginning on the Southern botmdary of 19th Street, turning a distance of 218.04 feet along the Eastern property line, running a distance of 100 feet more or less in a Southwesterly direction, running a distance of 241.78 feet along the Western property line, running a distance of 72.29 feet in a Northerly direction and rtmning a distance of 21.90 feet along the South side of Jefferson Avenue. Parcel contains .235 acre. LYNNHAVEN BOROUGH. -1 8- Vot ing 8- 2 Council Members Voting Aye: (for deferral) F. Reid Ervin, Vice Mayor Harold Heischober, 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: Barbara M. Henley, and Reba S. McClanan Council Members Absent: John A. Baum 1 9- ORDINANCE NO. IN THE MATTER OF CLOSING, VACATING, AND DISCONTINUING A PORTION OF THAT CERTAIN STREET OF VARIABLE WIDTH KNOWN AS WRIGHT'S RIGHT-OF-WAY, LOCATED IN THE BOROUGH SHOWN ON 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 3, PAGE 24), 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 RECORDED IN THE CLERK'S OFFICE OF THE CIRCUIT COURT OF THE CITY OF VIRGINIA BEACH, VIRGINIA, IN MAP BOOK 13, AT PAGE 2. WHEREAS, it appearing by affidavit that proper notice has been given by D. Murray Malbon, that it would make application to the Council of the City of Virginia Beach, Virginia, on October 27, 1980, to have tbe hereinafter described street discontinued, closed, and vacated; and, WHEREAS, it is the judgment of the Council that said street be discontinued, closed, and vacated; NOW, THEREFORE, SECTION I BE IT ORDAINED by the Council of the City of Virginia Beach, Virginia, that the hereinafter described street be discontinued, closed, and vacated: 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 feet 48 inches West 299.85; thence North 84 degrees 38 feet 48 inches East 2.62 feet; thence 8 degrees 5 feet 21 inches East 301.14 feet; thence South 84 degrees 19 feet 4 inches 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. Said parcel of land being Wright's Right-of-Way as indicated on 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 3, 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) - 20- and Port-ion of Vacated Jefferson Avenue (Map Book 3, Page 24), Lynnhaven Borougb, Virginia Beach, Virginia," which 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, and which is made a part hereof by reference. SECTION II A certified copy of this Ordinance and attached plat shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, indexed in the name of the City of Virginia Beach. SECTION Ill This Ordinance shall be in effect from the date of its passage. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of 1980. DEFERRED BY CITY COUNCIL: 3 November 1980 21 - ORDINANCE NO. IN THE MATTER OF CLOSING, VACATING, AND DISCONTINUING A PORTION OF THAT CERTAIN STREET OF VARIABLE WIDTH KNOWN AS JEFFERSON AVENUE, LOCATED IN THE BOROUGH OF THE CITY OF VIRGINIA BEACH, VIRGINIA, AS SHOWN ON 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 3, PAGE 24), AND SECTIONS A, B, C, AND D, A DIVISION OF ALBERT WRIGHT'S ESTATE (MAP BOOK 13, PAGE 2), AND PORTION OF VACATED JEFFERSON AVENUE (MAP BOOK 3, PAGE 24), LYNNHAVEN BOROUGH, VIRGINIA BEACH, VIRGINIA," WHICH PLAT IS RECORDED IN THE CLERK'S OFFICE OF THE CIRCUIT COURT OF THE CITY OF VIRGINIA BEACH, VIRGINIA, IN MAP BOOK 3, AT PAGE 24. WHEREAS, it appearing by affidavit that proper notice has been given by D. Murray Malbon, that it would make application to the Council of the City of Virginia Beach, Virginia, on October 27, 1980, to have the hereinafter described street discontinued, closed, and vacated; and, WHEREAS, it is tbe judgment of the Council that said street be discontinued, closed, and vacated; NOW, THEREFORE, SECTION I BE IT ORDAINED by tbe Council of the City of Virginia Beach, Virginia, that the hereinafter described street be discontinued, closed, and vacated: Beginning at a point where tbe Easterly side of Jefferson Avenue as shown on a plat entitled "Virgirlia Beach Annex No. 2" which plat is recorded in tbe 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 feet 11 inches West 21.90 feet along the Southerly side of 19th Street; thence Soutb 8 degrees 5 feet 21 inches West 72.29 feet; thence South 6 degrees 24 feet 39 inches East 329.90 feet; tbence North 83 degrees 35 feet 21 inches East 9.35 feet; thence along a curve to the right (radius: 420 feet), 41.35 feet; thence along a curve to the right (radius: 420 feet), 24.40 feet; thence North 14 degrees 40 feet 16 inches West 33.05 feet; thence North 6 degrees 24 feet 39 inches West 218.04 feet to the point of beginning. Said parcel of land being a portion of Jefferson Avenue as indicated on tbat certain plat entitled "Closure of Wright's Right-of-Way and a portion of Jefferson Avenue, and a Resubdivision of unnumbered lot - 2 2- and lot 2, Virginia Beach Annex No. 2 (Map Book 3, 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 recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 3, at Page 24, and which is made a part hereof by reference. SECTION II A certified copy of this Ordinance and attached plat sball be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, indexed in the name of the City of Virginia Beach. SECTION III This Ordinance shall be in effect from the date of its passage. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of 1980. DEFERRED BY CITY COUNCIL: 3 November 1980 - 23- ITEM II-H.2.a ITEM #15824 Requested by: Public Works Department AN ORDINANCE TO AUTHORIZE A TEMPORARY ENCROACHMENT INTO A PORTION OF THE RIGHT-OF-WAY OF POINCIANA DRIVE EXTENDED BE IT ORDALNED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That pursuant to the Authority and to tbe extent thereof contained in Section 15.1-893, Code of Virginia, 1950, as amended, Mr. and Mrs. John Sutton are authorized to construct and maintain a temporary encroacbment into the right-of-way of Poinciana Drive Extended. Tbat the temporary encroachment is herein authorized for the express purpose of installing and maintaining septic lines to enable construction of a building unit known as Lots 582 and 583 Cape Story - Poinciana Drive at Beech Street and is more particularly described as f ollows : An area of encroachment as designated on that certain plat entitled, "Limits of Drain Field Encroachment," a copy of which is attached hereto for a more particular description. PROVIDED, HOWEVER, that such Authority and permission so granted shall terminate when the City water lines are installed to service the abovementioned property, and within Sixty (60) days after the date that service is available, said owner, their beirs, assigns and successors in title, shall connect to the City sewage lines and said temporary encroachment will terminate. PROVIDED FURTHER, HOWEVER, that such temporary encroachment will automatically terminate within Sixty (60) days upon written notice from the City of Virginia Beach that the portion of the right-of-way which is encroached upon has become necessary for public purpose. AND, PROVIDED FURTHER, that at such time when the temporary encroachment herein authorized terminates, Mr. and Mrs. John Sutton, their heirs, assigns and successors in title, agree to remove such encroachment at their expense. - 24- IT IS FURTHER expressly understood and agreed that Mr. and Mrs. John Sutton, tbeir beirs, assigns and successors in title will indemnify and hold harmless the City of Virginia Beach, its agents and employees, from and against all claims damages, losses, and expenses, including reasonable attorney's fees in case it shall be necessary to file or defend an action arising out of the installation of existence of said septic lines. Adopted by the Council of the City of Virginia Beach, Virginia, on tbe Third day of November, 1980. Approval is subject to the following conditions: 1. The residence be connected to City sewer upon availability. 2. The property owner bears all cost of removal of the drain field should it become necessary for the City to utilize this right-of-way. 3. The City shall be held harmless of any related liability. 2 5- Upon motion by Councilman Merrick, seconded by Councilman Ervin, City Council voted to upbold the recommendation of the City Manager and APPROVE the application of Mr. and Mrs. John Sutton for an Ordinance to authorize a temporary encroachment into a portion of the right-of-way of Poinciana Drive Extended, subject to the conditions outlined in the City Manager's letter: 1. The residence be connected to City sewer upon availability. 2. The property owner bears the cost of removal of the drain field should it become necessary for the City to utilize this right-of-way. 3. The City shall be held harmless of any related liability. Voting: 10-0 Council Members Voting Aye: 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: John A. Baum - 26- ITEM II-I.l.a.1 ITEM #15825 AN ORDINANCE TO APPROPRIATE FUNDS OF $89,883 FOR THE PURCHASE OF FIRE APPARATUS WHEREAS, on September 14, 1980, the Fire Department, while responding to a commercial fire, was involved in an accident which resulted in the loss of one (1) fire truck; and, WHEREAS, the Fire Department desires to replace this lost apparatus in order to maintain the present level of service provided by the Fire Department; and, WHEREAS, through the City bid process, the Fire Department has selected a comparable fire truck at a cost of $89,883. NOW, THEREFORE, BE IT ORDAINED BY THE Council of the City of Virginia Beach that funds of $89,883 be appropriated from the General Fund Balance to the Fire Department in order to purchase a fire truck. Adopted by the Council of the City of Virginia Beach on the day of 1980. FIRST READING: 3 November 1980 SECOND READING: 2 7- Upon motion by Councilman Standing, seconded by Mayor McCoy, City Council voted to uphold the recommendation of the City Manager and APPROVE ON FIRST READING the Ordinance to appropriate $89,883 for the purchase of fire apparatus. Voting: 10-0 Council Members Voting Aye: 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: John A. Baum - 28- ITEM II-I.l.a.2 ITEM #15826 AN ORDINANCE TO ACCEPT A GRANT TOTALING $43,993 FROM THE DIVISION OF JUSTICE AND CRIME PREVENTION AND TO APPROPRIATE THESE FUNDS WHEREAS, the Court Services Unit desires to expand its current Wilderness Program to serve male and female youth; and, WHEREAS, the Division of Justice and Crime Prevention (DJCP) has approved First Year Funding to accomplish the above objective. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, that a Grant be accepted and appropriated for the following purposes: Estimated Revenue Total From Otber Agencies Appropriations Sierra II - Wilderness Stress Program .$43,993 $43,993 That the appropriations be financed by $43,993 estimated revenue from the DJCP, with no local match required; and, That one personnel position be authorized for the duration of the Grant, to be paid from the Grant, with the employee's job class to be determined by the City Manager. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of 1980. FIRST READING: 3 November 1980 SECOND READING: - 2 9- Upon motion by Vice Mayor Heischober, seconded by Councilman Merrick, City Council voted to uphold the recommendation of the City Manager and APPROVE ON FIRST READING the Ordinance to accept a Grant totaling $43,993 from the Division of Justice and Crime Prevelfttion and to appropriate these funds. Voting: 10-0 Council Members Voting Aye: 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: John A. Baum 11 /0 380 - 30- ITEM II-H.2.a/b ITEM #15827 AN ORDINANCE TO AMEND AND REORDAIN CHAPTER 24 OF THE CODE OF THE CITY OF VIRGINIA BEACH BY ADDING THERETO AN ARTICLE III PERTAINING TO DEALERS IN PRECIOUS METALS AND GEMS. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Chapter 24 of the Code of the City of Virginia Beach is hereby amended and reordained by adding thereto a new Article III as follows: ARTICLE III. Dealers in Precious Metals and Gems Division I. Generally Section 24-25. Definitions. For the purposes of this Article, the following words and terms shall have the meanings respectively ascribed to them by this Section: 1. "Dealer" means any person, firm or corporation engaged in the business of purchasing o.r acquiring secondhand precious metals or gems. 2. "Canvasser" means any person, firm or corporation who, as the duly authorized representative or agent of a dealer, shall convass for the purchase or acquisition of precious metals or gems. 3. "Precious metals" means any item composed in whole or in part of gold, silver or platinum. 4. "Gems" means any item containing precious, semiprecious stones customarily used in jewelry. Section 24-26. Permit and license required. No dealer or canvasser shall engage in this City in the business of purchasing or acquiring secondhand precious metals or gems until such dealer or canvasser shall have first obtained a permit from the Chief of Police and a valid business license from the Commissioner of the Revenue. Any dealer or canvasser desiring to engage in such business or to canvass therefor shall submit evidence - 31- satisfactory to the Chief of Police of his good character and ability to carry on such business or to canvass therefor, whereupon the Chief of Polic-e shall grant tbe permit. Every permit issued under this Section shall expire on the Thirty-First day of December of each year, and no license shall be prorated and no license or permit shall be transferable. Section 24-27. Place of business; hours, etc. The place at which such business is conducted shall remain unlocked and open during regular operating hours for: (a) the purchase and/or acquisition of precious metals or gems; and, (b) inspection by the Commissioner of the Revenue and Chief of Police, or their duly authorized representatives or agqnts. Section 2,4-28. Records to be kept; copy furnished to local autborities; inspection of records. A. Every dealer or canvasser engaged in business in this City shall keep at his place of business an accurate and legible record of each purchase or acquisition of precious metals or gems. This record shall set forth: 1. A complete description of all precious metals or gems purchased or acquired from each seller (such description to include the names, initials, serial numbers or other identifying marks or monograms on each item purchased, the true weight or carat thereof, and the price paid for each item); 2. The time of receiving the items purchased; 3. The name, address, age and social security number of the seller. 4. The terms, conditions or price paid for the precious metals and/or gems. B. This record shall appear on a Bill of Sale signed by the seller for eacb purchase or acquisition by the dealer or canvasser of precious metals or gems, and a copy shall be furnished within forty- eight hours to the Cbief of Police. C. The records of each dealer or canvasser shall be open to and available for inspection during the regular business hours by the - 32- Commissioner of the Revenue and tbe Chief of Police, or their duly authoriZed representatives or agents. Section 24-29. Credentials required from seller. No dealer or canvasser shall purchase or acquire precious metals or gems without first ascertaining the identity of the seller by requiring an identification issued by a governmental agency witb a picture of the seller thereon and at least one other corroborating means of identification. Section 24-30. Prohibited purchases. It shall be unlawful for any dealer or canvasser to purchase, acquire, or receive any precious metals or gems from any seller under the age of eighteen (18) years of age, unless the seller is accompanied by his parents or legal guardian who must sign the Bill of Sale. Section 24-31. List of purchases to be furnished daily. Every dealer or canvasser shall furnish.daily to the Chief of Police a full and complete list of all such precious metals or gems purchased or acquired by such dealer or canvasser within the twenty-four (24) hour period next preceding the date of such report. Such list shall contain the information required by Section 24-28. Section 24-32. Dealer or canvasser to retain purchases. Each dealer or canvasser shall retain all precious metals or gems purchased or acquired for a minimum of seven (7) calendar days from the date of filing a copy of the Bill of Sale for their purchase or acquisition with the Chief of Police. Until the expiration of this period, the dealer or canvasser shall not sell, alter or dispose of the purchased or acquired item in whole or in part. Any dealer or canvasser shall, upon reasonable demand and with just cause, after obtaining a proper receipt, allow tbe removal by any police officer of any article suspected of being or identified as stolen property. Section 24-33. Record of disposition. Any dealer or canvasser shall keep an accurate and legible record of the name and address of the person, firm or corporation to which he sells precious metals or gems after the waiting period required 3 3- by Section 24-32. This record shall also show the name and address of the seller from whom the deal or canvasser purchased or acquired such items. Section 24-34. Canvassers for dealers not engaged in business in the City. Every canvasser, who canvasses for a dealer not licensed by the City to conduct such business of purchasing or acquiring precious metals or gems, shall nevertheless comply with the provisions of this Article applicable to canvassers. Section 24-35. Bond required. In addition to complying with all other provisions of this Article, each dealer or canvasser shall attach to his application for a City business license a Bond payable to the City with either one (1) corporate or two (2) personal sufficient sureties in the penal sum of Five Thousand Dollars ($5,000.00), conditioned upon due observance of terms and provisions of this Article. Section 24-36. Private action on Bond. If any person shall be aggrieved by the misconduct of any dealer or canvasser and shall recover against him therefor, such person, or after the return unsatisfied, either in whole or in part, of any execution upon such judgment, may maintain actions in his own name upon the Bond of the dealer or canvasser in any court having jurisdiction. Section 24-37. Penalties for a violation of this Article. Any person violating any of the provisions of this Article shall, upon conviction thereof, be guilty of a Class I misdemeanor; and in the event such person so convicted shall have any permit and/or license required under the provisions of this Article, such permit or license shall be revoked. Adopted by the Council of the City of Virginia Beach, Virginia, on the Third day of November, 1980. This Ordinance shall be effective from date of adoption. - 34- AN ORDINANCE TO AMEND AND REORDAIN CHAPTER 20, ARTICLE II, OF THE CODE OF THE CITY OF VIRGINIA BEACH BY ADDING THERETO A DIVISION 17 PERTAINING TO DEALERS IN PRECIOUS METALS AND GEMS. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Chapter 20, Article II, of the Code of the City of Virginia Beach is hereby amended and reordained by adding thereto a new Division 17 as follows: DIVISION 17. Dealers in Precious Metals and Gems. Section 20-211. Definitions. For the purposes of this Division, the following words and terms shall have the meanings respectively ascribed to them by this Section: 1. "Dealer" means any person, firm or corporation engaged in the business of purchasing or acquiring secondhand precious metals or gems. 2. "Precious metals" means any item composed in whole or in part of gold, silver or platinum. 3. "Gems" means any item containing precious or semiprecious stones customarily used in jewelry. Section 20-212. Dealers in precious metals and gems. Every dealer engaged in business in the City of purchasing or acquiring secondhand precious metals or gems shall pay a license tax equal to Twenty-Five Dollars ($25.00), and one-fourth of one percent (.0025%), of the total price for all purchases or acquisitions of precious metals or gems made in excess of Two Thousand Five Hundred Dollars ($2,500.00), during the preceding calendar year. In addition to such license tax, every dealer in precious metals or gems shall pay a license tax of Twenty-Five Dollars ($25.00), for each canvasser acting as agent or representative of such dealer. Section 20-213. Itinerent dealers in precious metals or gems. Every dealer who shall engage in the business in the City of purchasing or acquiring precious metals or gems and who, for the - 3 5- purpose of carrying on such business, shall hire, lease, use or occupy any building or structure, motor vehicl6, tent, car, boat, or public room, or any part thereof (including rooms and hotels, lodging houses or houses of private entertainment) or who operates from any street, alley or other public place for a period of less than one (1) year shall pay, in addition to a precious metals and gems dealer's license tax, as required by State 20-212, an additional license tax of Five Hundred ($500.00), a month or fraction thereof. Section 20-214. Affidavit of property owner as to use of building, etc. Every dealer who has not been licensed for at least one (1) year as a dealer in precious metals and gems and who shall apply for such license shall file, with the application for such license an affidavit from the owner of the building, structure or other property to be used by such applicant showing for what period of time the property to be used by sucb applicant has been hired or leased by such applicant. No license shall be issued unless and until such affidavit is attached to the application. Adopted by the Council of the City of Virginia Beach, Virginia, on the Third day of November, 1980. This Ordinance shall be effective from date of adoption. Upon motion by Councilwoman Oberndorf, seconded by Councilwoman Henley, City Council voted to uphold the recommendation of the City Manager and APPROVE the Ordinance to amend and reordain Chapter 24 of the Code of the City of Virginia Beach by adding thereto an Article III pertaining to dealers in precious metals and gems; AND, the Ordinance to amend and reordain Chapter 20, Article II, of the City Code by adding thereto a Division 17 pertaining to dealers in precious metals and gems. Voting: 10-0 Council Members Voting Aye: 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: 11/03/80 John A. Baum - 36- ITEM II-I.3.a ITEM #15828' The following bids have been received for the construction of the Pleasure House Road - Beechwood Road Project: Asphalt Roads and Materials $413,674.60 Contractors Paving $452,226.07 W. L. Birsch, Inc. $472,549.20 Suburban Grading, Inc. $535,465.05 Warren Brothers Company $559,455.16 Major T. Archbell, Inc. $625,805.70 Consultant's Estimate $621,230.48 Upon motion by Councilman Holland, seconded by Councilwoman Oberndorf, City Council voted to uphold tbe request of the City Manager and APPROVE the low bid of Asphalt Roads and Materials, in the amount of $413,674.60 for the construction of the Pleasure House Road - Beechwood Road Project; and, authorized the City Manager to execute the necessary agreements for the implementation of this project. Voting: 10-0 Council Members Voting Aye: F. Reid Ervin, Vice Mayor Harold Heiscbober, 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: John A. Baum - 3 7- A P P 0 I N T M E N T S ITEM II-J.1 ITEM #15829 Mayor McCoy appointed Aubrey V. Watts, Jr., to the AD HOC TECHNICAL WATER STUDY COMMITTEE, which is a part of the Southe.astern Public Service Authority). ITEM #15830 Mayor McCoy advised that a committee requested by tbe City Treasurer to meet with him to discuss certain policies would not be appointed, as sucb; however, it was suggested tbat the City Attorney, Director of Finance, and Mr. Roughton, from the School Board, be available to meet with the Treasurer to discuss these policies. It was noted that the changes in policy, if any, are to be submitted to Council, in writing, for further discussion. U N F I N I S H E D B U S I N E S S ITEM II-K.1 ITEM #15831 Councilman Ervin advised Council of letters received from the Mayors of Southampton Roads regarding the possibility of reconvening the Tidewater Recreation Stadium Authority to consider the question of a Regional Stadium. Councilman Ervin requested the City of Virginia Beach's Tidewater Stadium Authority initiate a request for a joint meeting to explore the feasibility of a Regional Stadium; and, prepare an Agenda for Council's consideration before the joint meeting is held. 11/03/80 - 38- ITEM 11-K. 2 ITEM #15832 Attorney V. A. Etheridge, Jr., appeared concerning this matter. Upon motion by Councilman Standing, seconded by Councilman Holland, City Council voted to REHEAR ON NOVEMBER 17, 1980, the application of T. M. AND JEAN T. MALBON for a Cbange of Zoning from AG-1 Agricultural District to R-8 Residential District, in the Princess Anne Borough. Voting: 9-1 Council Members Voting Aye: 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, Patrick L. Standing Council Members Voting Nay: Reba S. McClanan Council Members Absent: John A. Baum - 3 9- ITEM #15833 A D J 0 U R N M E N T Upon motion by Councilman Merrick, seconded by Councilman Ervin, and by ACCLAMATION, the meeting adjourned at 2:45 p.m- Diane M. Hickman, Deputy City Clerk Ru@ Hodges Sfaith, City Clerk mav,6rlJ. He cCoy6n,@D.D.S. .U City of Virginia Beach, Virginia 3 November 1980 dmh/mas