HomeMy WebLinkAboutAUGUST 27, 1979
CITY OF VIRGINII BEICI
MUNICIPAL CENTER
Ra.@t City" VIRGINIA BEACH, VIRGINIA 23456
MAYOR PATRICK L. STANDING, At L.,g, CLARENCE A. HOLLAND, M.D., B@y,id@ B.,@.gh
VICE MAYOR J. HENRY M,COY JR., D.D.S., K-p,,ill, B.,@,Rh DONALD W. MERRICK, l,y@@b ... @ @,@.gb
JOHN A. BAUM, BI.,k..,@, B@,@.gh MEYFRA E. OBERNDORF, Al L.,g@
F. REID ERVIN, Al L.,g@ J. CLIR7']S PAYNE, P,i@,@,, A-, B.,..gh
GEORGE R. FERRELL, A, L.,g, ROGER L. RIGGS, Vigi@i. B@.,h B.,..gb
BARBARA M. HENLEY, P@.g@ B .... gh R(JTH HODGES SMITH, City Cl@,k
CITY COUNCIL AGENDA
ITEM I INFORMAL SESSION: Monday, 27 August 1979 - 5:30 p.m.
A. CALL TO ORDER - Mayor Patrick L. Standing
B. ROLL CALL OF COUNCIL
C. MOTION TO RECESS INTO INFORMAL/EXECUTIVE SESSION
D. PRESENTATION/DISCUSSION OF PERTINENT MATTERS
1. Treadmill Testing Program: Discussion of maximal
graded exercise treadmill stress testing for public
safety personnel being implemented by General
Hospital of Virginia Beach.
2. Vacation of Parts of Harris Road and Kellie Ann
Lane: Discussion of item on formal agenda.
ITEM II FORMAL SESSION: Monday, 27 August 1979 - 7:00 p.m.
A. INVOCATIOti - Reverend David M. Humphreys
Bayside Christian United Church of Christ
B. PLEDGE OF ALLEGIANCE
C. ROLL CALL OF COUNCIL
D. MINUTES OF PREVIOUS MEETING
1. Motion to accept/approve the Minutes of 13 August 1979
2. Motion to accept/approve the Minutes of 20 August 1979
E. PROCLAMATION
1. Proclamation proclaiming the Week of August 26 - September
3, 1979 as "Symphone Week", Virginia Orchestra Group.
F. RESOLUTIONS
1. Council reconsideration of the Resolution adopted on
June 11 , 1 979 co nc erningacces s to Fal se Cape S tate Park.
G. PUBLIC HEARINGS
1. Letter from the City Manager recommending that City
Council approve the Ordinance, upon application of
Parker Industries, vacating parts of Harris Road and
Kellie Ann Lane, and an unnamed parcel South of
Kellie Ann Lane and all sites B and C, subdivision
of Lands of A. J. Parker, "Parkview Manor" in the
Lynnhaven Borough.
ITEM II H. CONSENT AGENDA
1. Letter from the City Manager recommending that City
Council approve the application of Virginia Recreation
and Parks Society for the renewal of a raffle permit.
I. PLANNING ITEMS
1. Letter from the City Manager transmitting the reco-
mendation of the Planning Commission for approval of
the Master Street and Highway Plan dated December
16, 1974 pertaining to False Cape Parkway interchanges.
2. Letter from the City Manager transmitting the reco-
mendation of the Planning Commission for approval of
the application of The Bailey Wick Company for a
change of zoning from A-1 Apartment District to A-2
Apartment District on a 1.181 acre parcel located on
the south side of Old Virginia Beach Road, east of
@lest Lane (Lynnhaven Borough).
3. Letter from the City Manager transmitting the reco-
mendation of the Planning Commission for approval of
the application of Amoco Oil Company for a conditional
use permit for a car wash on a .478 acre parcel loca-
ted at the southeast intersection of Providence Road
and Lord Dunmore Drive (Kempsville Borough).
4. Letter from the City Manager transmitting the reco-
mendation of the Planning Commission for approval of
the application of Parker Industries for a conditional
use permit for a car wash on a 1.15 acre parcel loca-
ted on the north side of Virginia Beach Boulevard,
east of Little Neck Road (Lynnhaven Borough).
The City Manager, however, recommends denial of the
application as the applicants will not be able to nieet
the parking requirements.
(THE APPLICANT REQUESTS A 30 DAY DEFERRAL PER THE
ATTACHED LETTER)
5. Letter from the City Manager transmitting the reco-
mendation of the Planning Commission for approval of
the application of Richard S. Foster for a change of
zoning from B-1 Business-Residential District to A-2
Apartment District on a .542 acre parcel located on
the southwest intersection of Pleasure House Road and
Lookout Road (Bayside Borough).
(SIGN NOT POSTED PROPERLY)
6. Letter from the City Manager transmitting the reco-
mendation of the Planning Commission for denial of
the application ofWickesCorporation for a change of
zoning from B-3 Central-Business District to 1-1
Light Industrial District on a 5.79 acre parcel lo-
cated on the south side of Columbus Street, west of
Kellam Road (Bayside Borough).
(SIGN NOT POSTED PROPERLY)
ITEM II 1. PLANNING ITEMS (continued)
7. Letter from the City Manager transmitting the reco-
mendation of the Planning Commission for approval of
the application of Horace G. Fralin and Elbert H.
Waldron for a Modification to the adopted Land Use
Plan for the PD-H Zoning District Classification of
Green Run from apartment use to office use. This
undeveloped 2.414 acre site is located at the north-
east intersection of Lynnhaven Parkway and Indepen-
dence Boulevard (Kempsville Borough).
(SIGN NOT POSTER PROPERLY)
J. ORDINANCES
1. General
a. Letter from the City Manager recommending that
City Council approve the Ordinance declaring
certain property excess, a 0.312 acre site
located at the intersection of Old Providence
Road and New Providence Road;
AND, authorize the City Manager to advertise
for Public bid and convey said excess property.
2. Second Readings
a. City Council is requested to approve on second
reading the Ordinance to amend Sections 29-11
and 37-30 of the Code of the City of Virginia
Beach relating to sewer and water line fee
exemptions for certain elderly and handicapped
persons.
b. City Council is requested to approve on second
reading the Ordinance to approve a clerk posi-
tion in the Department of Personnel to be funded
from Community Development Block Grant Funds.
c. City Council is requested to approve on second
reading the Ordinance to transfer appropriations
in the amount of $144,281 within the Mental
Retardation/Developmental Disabilities Budget.
3. Appropriations
a. First Readings
1. Letter from the City Manager recommending that
City Council approve, on first reading, the
Ordinance to increase appropriations in the
Pendleton Child Service Center Budget in the
amount of $11,575.
b. Bids
1. Letter from the City Manager recommending that
City Council approve the low bid of Suburban
Grading & Utilities, Inc., in the amount of
$948,473.08, for Contract I;
AND, the low bid of Hunt Contracting Company,
in the amount of $124,750, for Contract II;
AND, authorize the City Manager to enter into
the necessary agreements for the implementation
of this project (Newsome Farm Safiitary Sewer and
Water Systems)
ITEM II J. Ordinances (Continued)
3. Appropriations
b. Bids (continued)
2. Letter from the City Manager recommending that
City Council approve the low bids, for the
Thoroughgood Sanitary Sewerage Facilities -
Phase II, of Floyd B. Smith Contracting, Inc.,
in the amount of $547,027.20 for Contract I;
AND, the low bid of Hunt Contracting Corpora-
tion, in the amount of $78,903, for Contract
II;
AND, authorize the City Manager to enter into
the necessary agreements to implement this
project.
3. Letter from the City Manager recommending that
City Council approve the low bids, for the
Thoroughgood Sanitary Sewerage Facilities, of
Floyd B. Smith Contracting, Inc., in the amount
of $541,318.50, for Contract I;
AND, the low bid of Hunt Contracting Corpora-
tion, in the amount of $72,202, for Contract
11;
AND, authorize the City Manager to enter into
the necessary agreements to implement this
project.
4. Letter from the City Manager recommending that
City Council approve the low bid of A. & W.
Contractors, Inc., in the amount of $578,061,
for the Gracetown Sewer and Water System
Improvements;
AND, to authorize the City Manager to enter
into the necessary agreements to implement this
proj ect .
C. Grants - None
K. OLD BUSINESS
1. Appointments to Boards/Commissions
L. NEW BUSINESS - None
M. ADJOURNMENT
1. Motion to adjourn.
Minutes of the Honorable City Council
of the
CITY OF VIRGINIA BEACH, VIRGINIA
August 27, 1979
The regular meeting of the Council of the City of Virginia Beach, Viyginia, was
called to order by Mayor Patrick L. Standing, in the Conference Room, in the
Administration Building, on Monday, August 27, 1979, at 5:30 p.m.
Council Members Present:
F. Reid Ervin, George R. Ferrell, Barbara M. Henley, Clarence
A. Holland, Vice Mayor J. Henry McCoy, Jr., Donald W. Merrick,
Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs and rlayor
Patrick L. Standing
Council Members Absent:
John A. Baum*
ITEM #14111
Mayor Standing entertained a motion to permit Council to conduct an 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, appointees or em-
ployees of any public body. (Personnel-Matters)
2. Discussion or consideration of the condition, acquisi-
tion or use of real property for public purpose, or
other disposition of publicly held property. (&cqui'si'-
tion, use or disposition of publiclv held pr@eqy@
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)
On motion by Councilman Holland, seconded by Councilman Payne, City Council
voted to proceed into the EXECUTIVE SESSION following the INFOR@IAL SESSION.
Voting: 10-0
Council Members Voting Aye:
F. Reid Ervin, George R. Ferrell, Barbara M. Henley, Clarence
A. Holland, Vice Mayor J. Henry McCoy, Jr., Donald W. Merrick,
Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs and Mayor
Patrick L. Standing.
Council Members Voting Nay:
None
9/17/70
2-
Council Members Absent:
John A. Baum*
BIRTHDAY PARTY ITEM #14112
Councilman George R. Ferrell celebrated his Seventy-fifth Birthday with a
Birthday cake given in his honor. Mr. Ferrell noted his appreciation for
the party and thanked the City Clerk for arranging it.
TREADMILL TESTING PROGRAM ITEM #14113
The City Manager discussed the maximal graded exercise treadmill stress test-
ing for public safety personnel being implemented by the General Hospital of
Virginia Beach. The City Manager investigated, through the City Physician,
Dr. Easton, the possibilit,v of acquiring the necessary equipment, as well as
ex peri enc ed and trai ned technic ians. Thecost wou l d be well over $1 20,000 for
the initial outlay and maintaining salaries and equipment would be far too
excessive.
The City Manager noted that for a $110 per person the testing can be done by
the General Hospital of Virginia Beach and he would like to begin this imme-
diately having all the firefighters go through the treadmill testing and then
have all applicants who are making applications acquire a treadmill test.
HARRIS ROAD AND KELLIE ANN LANE ITEM #14114
The City Manager discussed the vacation of Parts of Harris Road and Kellie
Ann Lane as requested by Parker Industries. (Discussion)
The applicant was requested to certify, through his Attorney, to the City
Attorney that the owner owns both sides of this propertv.
ARTICLE IN LEGAR STAR-CONNIE SAGE ITEM #14115
The City Manager expressed grave concern for the publication of the Article
in the Wednesday, August 22, 1979 Ledgar Star entitled "Drug, vice said
flourishing at Virginia Beach."
The City Manager presented each Councilmember a summary report prepared by
Major C. H. Payne, Commanding Officer, Investigative Division, Virginia Beach
Police Department. This report contained statistics of record in response to
allegations appearing in subject news article written by Connie Sage of the
Ledgar Star. (D I S C U S S I 0 N)
COUNCILMAN BAUM ENTERED INFORMAL SESSION AT 6:03 p.m.
The Mayor requested the City Manager to review this matter with the Chief and
other division heads of the Police Department: and, in reasonable time, report
back to Council his findings.
FREE STANDING MOBILE HOMES ITEM #14116
Councilman Merrick advised he would like to bring the "free standing mobile
home" application of Laura C. Adams back to Council for reconsideration. He
expressed concern over the unusual delay in response from one adjoining
property owner and the fact that such a delay had been effected when the
permit could have been issued administratively if Permits & Inspections had
exercised the "usual fifteen (15) day waiting period."
-/?7/10
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FALSE CAPE PARK-RESOLUTION ITEM #14117
The City Manager stated that he did not know how Council would vote on the
reconsideration of the Resolution adopted June 11, 1979 on False Cape State
Park but if Council rescinds the Resolution, Council may wish to consider
a Resolution requesting the Congressmen to rescind their position taken in
a letter supporting the construction of a causeway from Knotts Island to
False Cape State Park and the Currituck Outer Banks.
The City Manager presented the Council with a copy of the proposed ordinance
for their perusal.
FRALIN & WALDRON DEFERRAL ITEM #14118
Mayor Standing indicated that he had received a letter from Mr. James Pickrell,
Attorney, representing Horace G. Fralin and Elbert W. Waldron, requesting a
deferral of this application due to the sign not being properly posted.
Mayor Standing noted that he would annouce all the applications to come before
Council this date whose signs were not properly posted and entertain a motion
for a thirty (30) day deferral.
NATIONAL LEAGUE OF CITIES ITEM #14119
Mayor Standing made reference to the brochure regarding the National League
of Cities conference to be held in Las Vegas and noted the latest date to
register for the early registration is September First.
Councilman Ervin stated that due to the location of the National League of
Cities conference being held in Las Vegas, that the City Manager and a select
few, rather than the entire Council, represent the City of Virginia Beach
which will be held November 24th thru 28th, 1979.
MRS. WARREN-TACKLE FOOTBALL ITEM #14120
CouncilwoBian Oberndorf indicated that she received a phone call from Mrs.
Warren regar(ling her daughter's wish to play tackle football. Mr. Whitehurst
told Mrs. Warren that her daughter could not play tackle football and suggested
other alternatives.
The City Manager noted that this policy has been adhered to for some time and
that the ruling by the Attorneys was as long as the City offers a compatible
sport for boys and girls, that the City was acting under the law.
PUBLIC WORKSHOP-BEACH BOROUGH ITEM #14121
Councilman Holland inquired of the time of the nieeting of the Public Workshop
for Beach Borough Traffic CirCLilation and Parking.
It was indicated that the time was 2:00 p.m., September 14, 1979 at the Dome.
MUNICIPAL LEAGUE NOMINATIONS ITEM #14122
Councilman Holland noted if any Council Member wished to have their name placed
on nomination for the Municipal League to serve in any capacity, that he was
one of the electing officers on the Nominating Committee.
8/2 7/79
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FORMAL SESSION
ITEM #14123
Monday, August 27, 1979
7:00 p.m.
Council Members Present:
John A. Baum, F. Reid Ervin, George R. Ferrell, Barbara M.
Henley, Clarence A. Holland, Vice Mayor J. Henry McCoy, Jr.,
Donald W. Merrick, Meyera E. Oberndorf, J. Curtis Payne,
Roger L. Riggs and Mayor Patrick L. Standing
Council Members Absent:
None
INVOCATION was given by Mrs. Ruth Hodges Smith, City Clerk.
PLEDGE OF ALLEGIANCE
(ITEM II-D.1.) ITEM #14124 MINUTES
On motion by Councilman Payne, seconded by Councilman Ferrell, City Council
voted to approve the Minutes of the regular meeting of August 13, 1979.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, George R. Ferrell, Barbara M.
Henley, Clarence A. Holland, Vice Mayor J. Henry McCoy, Jr.,
Donald W. Merrick, Meyera E. Oberndorf, J. Curtis Payne,
Roger L. Riggs and Mayor Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
None
(ITEM II-D.@'.) ITEM 414125 MINUTES
On motion by Councilman Ferrell, seconded by Councilman Holland, City Council
vot ed to approve the Minutes of the regul ar meeting of August 20, 1 979.
Voting: 11-0
8/27/79
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, George R. Ferrell, Barbara M.
Henley, Clarence A. Holland, Vice Mayor J. Henry McCoy, Jr.,
Donald W. Merrick, Meyera E. Oberndorf, J. Curtis Payne,
Roger L. Riggs and Mayor Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
None
(ITEM II-E.I.) ITEM #14126 PROCLAMATION
Mayor Standing presented the following Proclamation:
P R 0 C L A M A T I 0 N
WHEREAS, the busy world in which we live is complimented by the social
virtues in our Community; and
WHEREAS, the Virginia Beach Pops Symphony, the Norfolk Symphony and the
Peninsula Symphony recently merged to create the VIRGINIA ORCHESTRA GROUP; and
WHEREAS, the City of Virginia Beach seeks to be attractive not only to
America's tourists, but to her own citizenry alike; and
WHEREAS, the VIRGINIA ORCHESTRA GROUP will sponsor a series of nine (9)
concerts, "free and open to the public", entitled "End the Summer Baroque" at
indoor and outdoor area locations as well as one TV broadcast" live from
Chrysler Hall":
NOW, THEREFORE, I, Patrick L. Standing, Mayor of the City of Virginia
Beach, do hereby proclaim the WEEI( of August 26 - September 3, 1979, as:
S Y M P H 0 N Y W E E K
in Virginia Beach and hereby call upon all citizens to participate and support
this revolutionary artistic alliance. 8/27/79
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IN WITNESS WHEREOF, I here unto put my hand and Seal of the City of
Virginia Beach to be affixed this 26th day of August 1979.
Patrick L. Standing
Mayor
Virginia Beach, Virginia
(Item II-I.5) ITEM @114127 PLANNING ITEMS
On motion by Councilman Merrick, seconded by Vice Mayor McCoy, City Council
voted to DEFER FOR 30 DAYS the following Ordinance upon application of Richard
S. Foster for a ing District Classification from B-1 Business-
Residential District to A-2 Apartment District due to Th-e IMPROPER POSTING OF
THE SIGN.
Ordinance upon application of Richard S. Foster for a Change of Zoning District
Classification from B-1 Business-Residential District to A-2 Apartinent District
on certain property located at the Southwest intersection of Pleasure House
Road and Lookout Road, running a distance of 144.48 feet along the West side of
Pleasure House Road, running a distance of 150 feet along the Southern property
line, running a distance of 172.24 feet along the Western property line and
running a distance of 152.64 feet along the South side of Lookout Road. Said
parcel contains .542 acre. BAYSIDE BOROUGH
Voting: 11-0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, George R. Ferrell, Barbara M.
Henley, Clarence A. Holland, Vice Mayor J. Henry McCoy, Jr.,
Donald W. Merrick, Meyera E. Oberndorf, J. Curtis Payne,
Roger L. Riggs and Mayor Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
None
(ITEM II-I.6) ITEM #14128
On motion by Councilman Merrick, seconded by Vice Mayor McCoy, City Council
voted to DEFER FOR 30 DAYS the following Ordinance upon application of Wickes
Corporation for a Chanqe of Zoninq Zoninq District Classification from B-3
Central-Business D strict to I-I Light Industrial District due to the IMPROPER
POSTING OF THE SIGN.
Calvin Spain, Attorney, appeared representing the applicant.
Mr. Leigh Ansell, appeared in opposition.
8/27/79
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Ordinance upon application of Wickes Corporation for a Change of Zoning District
Classification from B-3 Central-Business District to I-] Light Industrial Dis-
trict on certain property located on the South side of Columbus Street beginning
at a point 285 feet more or less West of Kellam Road, running a distance of
761.67 feet along the South side of Columbus Street, running a distanc of 435.15
feet along the Western property line, running a distance of 760.05 feet along
the Southern property line and running a distance of 204.92 feet along the East-
ern property line. Said parcel contains 5.79 acres more or less. BAYSIDE
BOROUGH
Voting: 11-0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, George R. Ferrell, Barbara M.
Henley, Clarence A. Holland, Vice Mayor J. Henry McCoy, Jr.,
Donald W. Merrick, Meyera E. Oberndorf, J. Curtis Payne,
Roger L. Riggs and Mayor Patrick L. Standing.
Council Members Voting Nay:
None
Council Members Absent:
None
(ITEM II-1.7) ITEM #14129
On motion by Councilman Merrick, seconded by Vice Mayor McCoy, City Council
voted to DEFER FOR 30 DAYS the following Ordinance upon application of Horace
G. Fralin and Elbert H. Waldron for a Modification to the adapted Land Use
Plan for the PD-H Zoning District Classification for Green Run due to the
IMPROPER POSTING OF THE SIGN:
Ordinance upon application of Horace G. Fralin and Elbert H. Waldron for a
Modification to the adopted Land Use Plan for the PD-H Zoning District Class-
ification of Green Run located at the Northeast intersection of Lynnhaven
Parkway and Independence Boulevard. Plats with more detailed information are
available in the Department of Planning. KEMPSVILLE BOROUGH,
Voting: 11-0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, George R. Ferrell, Barbara M.
Henley, Clarence A. Holland, Vice Mayor J. Henry McCoy, Jr.,
Donald W. Merrick, Meyera E. Oberndorf, J. Curtis Payne
Roger L. Riggs and Mayor Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
None
8/27/79
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ITEM #14130
Mayor Standing recognized Councilman Cecil Jenkins, Councilman in the City
of Chespeake, as being in the audience and invited him to come again.
ITEM #14131
The following persons appeared in regard to the reconsideration of the
Resolution adopted on June 11, 1979 concerning access to False Cape State
Park:
Helen W. Love, representing neighbors Bob Yates, representing National
and family Campers and Hikers Association
Forrest W. McFarlane, Jr. Barbara Bailey
Anne Bright, representing F.A.R.M- io Ann Eapstein
Claire Floege, representing Back Bay Mr. Merval Litton
Civic League Mrs. Shiela Price representing
James Morrison Sandbridge Beach Civic League
Oscar L. Ingram Marshall Bohannon
Judith White Charles Traubb
Philip Addabbu Bonney Romano
Helen W. Smith, representing Virginia
Beach Chapter of National Audubon
Society
COUNCIL DISCUSSION
Councilman Ervin offered an amendment to the Resolution that we include "and
through Sandbridge (Route 1)" in the various places as shown on the attached
rewritten Resolution with the amended portions in all caps and seconded by
Councilman Merrick.
Councilman Payne offered a SUBSTITUTE MOTION, seconded by Councilman Holland,
to rescind the previous Resolution adopted on June 11, 1979 in regards to the
access to False Cape State Park through the Outer Banks, North Carolina and
down Princess Anne Road and Knotts Island.
Voting : 4-6 (Substitute Motion)
Council Members Voting Aye:
Clarence A. Holland, Vice Mayor J. Henry McCoy, Jr., J. Curtis
Payne and Mayor Patrick L. Standing
Council Members Voting Nay:
John A. Baum, F. Reid Ervin, George R. Ferrell, Barbara M.
Henley, Donald W. Merrick and Meyera E. Oberndorf
Council Members Abstaining:
Roger L. Riggs
Council Members Absent:
None
8/27/79
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R E S 0 L U T I 0 N
WHEREAS, a preliminary engineering study was prepared
for False Cape State Park in December, 1976, which considered
nine alternative access routes to the park; and
WHEREAS, these alternatives range from access through
Back Bay National Wildlife Refuge to the north, to access through
Mackay Island National Wildlife Refuge and Knotts Island to the
south; and
WHEREAS, no alternative has been decided upon because
of environmental constraints and increased construction costs; and
WHEREAS, the Governors of Virginia and North Carolina
have recently appointed a Joint Task Force to study issues of
mutual interests related to access to the Currituck Outer Banks
and False Cape State Park, with primary emphasis on a route across
Knotts Island; and
WHEREAS, access to this major park facility across Knotts
Island will have irreversible environmental, social, and economic
consequences for the City of Virginia Beach in the form of:
(1) Adversely effecting the fragile ecology of the
Back Bay system.
(,2) Creating a great demand for support facilities such
as gas stations, restaurants, stores, and even hotels which will
initiate an irreversible transition in the character of the area
from rural agricultural to resort commercial.
(3) Requiring the extension and build-up of City
services into the area including additional police, fire, public
utilities, and highway construction; and
WHEREAS, for these reasons, access across Knotts Island
to False Cape State Park and the Currituck Outer Banks would
be completely inconsistent with the goals and policies of the
draft Comprehensive Plan for the City of Virginia Beach.
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NOW, THEREFORE, BE IT RESOLVED, by the Council of the
City of Virginia Beach that notice is hereby given of the Council's
continued support for the development of False Cape State Park
as a major day-use beach for all Virginians, but of the Council's
opposition to access to False Cape State Park and the Currituck
Outer Banks through southern Virginia Beach and across Knotts
I s I a n d .
BE IT FURTHER RESOLVED, by the Council of the City of
Virginia Beach that the Governor of Virginia and the Joint Task
Force studying alternative access to False Cape State Park, are
requested to select an alternative which will impose the least
environmental, social, and economic impact on the citizens of
Virginia Beach.
BE IT FURTHER RESOLVED, that the City Clerk is directed
to forward a certified copy of this Resolution to the Congressional
delegation representing the City of Virginia Beach, Virginia.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the 11 day of June , 1979.
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THE ABOVE MOTION TO RESCIND THE PREVIOUS RESOLUTION ADOPTED ON JUNE 11, 1979
WAS LOST. (SUBSTITUTE MOTION)
ITEM #14131 (a)
CITY COUNCIL VOTED ON THE MAIN AMENDMENT TO THE RESOLUTION MADE BY COUNCILMAN
ERVIN, SECONDED BY COUNCILMAN MERRICK TO INCLUDE "and through Sandbridge
(Route 1)"
Voting: 6-4
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, Georoe R. Ferrpll. Barbara M.
Henley, Donald W. Merrick and Meyera E. Oberndorf
Council Members Voting Nay:
Clarence A. Holland, Vice Mayor J. Henry McCoy, Jr., J.
Curtis Payne and Mayor Patrick L. Standing
Council Members Abstaining:
Roger L. Riggs
Council Members Absent:
None
CITY COUNCIL VOTED TO AMEND THE RESOLUTION OF JUNE 11, 1979 (amendments indicated
in all caps). The amended Resolution is as follows:
R E S 0 L U T I 0 N
WHEREAS, a preliminary engineering study was prepared for False Cape
State Park in December, 1976, which considered nine alternative access routes
to the park; and
WHEREAS, these alternatives range from access through Back Bay
National Wildlife Refuge to the north, to access through Mackay Island National
Wildlife Refuge and Knotts Island to the south; and
WHEREAS, no alternative has been decided upon because of environmental
constraints and increased construction costs; and
WHEREAS, the Governors of Virginia and North Carolina have recently
appointed a Joint Task Force to study issues of mutual interests related to
access to the Currituck Outer Banks and False Cape State Park, with primary
emphasis on a route accross Knotts Island AND THROUGH SANDBRIDGE (ROUTE 1); and,
8/27/79
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WHEREAS, access to this major park facility across Knotts Island AND
THROUGH SANDBRIDGE (ROU-,E 1) will have irreversible environmental, social, and
economic consequences for the City of Virginia Beach in the form of:
(1) Adversely effecting the fragile ecology of the Back Bay system.
(2) Creating a greatdemand for support facilities such as gas stations,
restaurants, stores, and even hotels which will initiate an irreversible trans-
ition in the character of the area from rural agricultural to resort commerical.
(3) Requiring the extension and build-up of City services into the area
including additional police, fire, public utilities, and highway construction;
and
WHEREAS, for these reasons, access across Knotts Island AND THROUGH
SANDBRIDGE (ROUTE 1) to False Cape State Park and the Currituck Outer Banks would
be completely inconsistent with the goals and policies of the draft Comprehensive
Plan for the City of Virginia Beach.
NOW, THEREFORE, BE IT RESOLVED, by the Council of the City of Virginia
Beach that notice is hereby given of the Council's continued support for the
development of False Cape State Park as a major day-use beach for all Virginians,
but of the Council's opposition to access to False Cape State Park and the
Currituck Outer Banks through southern Virginia Beach and across Knotts Island
AND THROUGII SANDBRIDGE (ROUTE 1).
BE IT FURTHER RESOLVED, by the Council of the City of Virginia Beach
that the Governor of Virginia and the Joint Task Force studying alternative
access to False Cape State Park, are requested to select an alternative which
will impose the least environmental, social, and economic impact on the citizens
of Virginia Beach.
BE IT FURTHER RESOLVED, that the City Clerk is directed to forward a
certified copy of this Resolution to the Congressional delegation representing
the City of Virginia Beach, Virginia.
Adopted by the Council of the City of Virginia Beach, Virginia, on
the 27th day of @ust, 1979. AS AMENDED
8/2 7/79
-13-
(ITEM II-G.]) ITEM #1@"-2 PUBLIC HEARING
712
Calvin Spain, Attorney, represented the applicant.
On motion by Councilman Merrick, seconded by Councilman Ferrell, City Council
voted to approve the following Ordinance vacating parts of Harris Road and
Kellie Ann Lane (paper streets) and an unnumbered parcel south of Kellie Ann
Lane and all of sitesb and C, subdivision of Lands of A. J. Parker "Parview
Manor" as recommended by the City Manager and with one stipulation as noted
in all caps in the ordinance:
AN ORDINANCE VACATING PARTS OF HARRIS ROAD
AND KELLIE ANN LANE, AND AN UNNUMBERED PARCEL
SOUTH OF KELLIE ANN LANE AND ALL OF SITES
B AND C, SUBDIVISION OF LANDS OF A. J. PARKER
"PARKVIEW MANOR", MAP BOOK 90, PAGE 6,
VIRGINIA BEACH, VIRGINIA
WHEREAS, proper notice has been given that PARKER INDUSTRIES
a Virginia General Partnership, would make application to the City Council
of the City of Virginia Beach to have the hereinafter described plats
partially vacated, thereby vacating parts of Harris Road and Kellie Ann Lane
and an unnumbered parcel south of Kellie Ann Lane and all of Sites B and
C, Subdivision of Lands of A. J. Parker "Parkview Manor", all in accordance
with SS15.1-431 of the Code of Virginia; and
WHEREAS, it is the judgment of the Council that the partial
vacating of the plats would create noinconvenience to the publ ic or to
private individuals; and
WHEREAS, it is the judgment of the Council that the said plats
should be partially vacated as requested by Parker Industries; now, therefore,
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
E VIRGINIA:
Section 1: That those portions of Harris Road and Kellie
41
0 - Ann La,ne described as follows, in Lynnhaven Borough, Virginia Beach, Virginia,
4-
be V-acated:
BEGINNING at a point in the Eastern R.O.W.
Line of Harris Road said point being N.24@-
46--50" E 1,204.19', from the Southeast
intersection of said Harris Road and Kline
Road; thence proceeding N 65*-27'-24" @J
74.92', to a point in the Northeastern
R.O.W. Line of Eagle Nest Point Road:
thence proceeding along the Northeastern
R.O.W. Line of Eagle Nest Point Road
N 26'-04'-19" W, 17.76' to a point; thence
turning and running along a curve to the
left with a radius of 23.64' and a distance
along the arc of 53.38' to a point of
tangent; thence N 24'-32'-36" E, 484.22'
< to a point of curve; thence along a curve
to the left with a radius of 24.36' and a
0 distance along the arc of 38.39' to a point
of tangent; thence N 66'-56'-4i" W, 208.33'
to a point on the Southeastern R.0,W. Line of
Kellie Ann Lane; thence turning and proceeding
8/2 7/79
-14-
i,?@,T!4 @Af.! 713
N 23'-03'-19" E 40.00' to a point in the
old Northern R.O.W, Line of said Kellie Ann
Lane; thence turning and proceeding S 66'-56'
41" E, 434.48', to a point in the Northern
R.O.W. Line of said Kellie Ann Lane; thence
turning and proceeding S 23,LO3'-19" W 30.001
to a point in the Southern R.O.W. line of said
Kellie Ann Lane; thence turning and running
N 66'-56'-41" W, 263.74' to a point of curve;
thence along a curve to the left with a radius
of 25.36' and a distance along the arc of 39.64'
to a point of tangent; thence S 24@-32'-36' W,
515.06' to the point of beginning. all as more
particularly shown on that plat entitled "Plat
of Vacation of Part of 10' Dedication to the City
of Virginia Beach for Street Purposes, Subdivision
of Site H, Subdivision
of Lands of A. J. Parker 'Parview Manor' (MB
90 Pg. 6) and Parts of Harris Road & Kellie Ann
Lane, and un unnumbered parcel south of Kellie
Anne Lane, and all of Sites B and C, Subdivision
of Lands of A. J. Parker 'Parkview Manor'
(MB 25 Pg. 8) (formerly A. J. Williams Property),
Lynnhaven Borough, Virginia Beach Virginia",
dated August 6, 1979 and made by Wilford P.
Large.
Section 2: That all of those lot lines creating and
an unnumbered parcel south of Kellie Ann Lane and all of Sites B and C,
Subdivision of lands of A. J. Parker "Parkview Manor" be vacated, all as
more particularly shown on that certain plat entitled:
"Plat of Vacation of Part of 10' Dedication to the
City of Virginia Beach for Street Purposes, Sub-
division of Site H, Subdivision of Lands of A.
J. Parker 'Parkview Manor' (MB 90 Pg. 6) and Parts
of Harris Road & Kellie Ann Lane and un unnumbered
parcel south of Kellie Ann Lane, and all of Sites
B and C, Subdivision of Lands of A. J. Parker
'Parkview Manor' (MB 25 Pg. 8) (formerly A. J.
Williams Property), Lynnhaven Borough, Virginia
Beach, Virginia", dated August 6, 1979 and made
by Wilford P. Large.
Section 3: That 30 days after this date a copy of this
Ordinance, certified by the Clerk, together with a copy of that plat entitled
"Plat of Vacation of Part of 10' Dedication to the City of Virginia Beach for
Street Purposes, Subdivision of Site H, Subdivision of Lands of A. J. Parker
'Parkview Manor' (MB 90 Pg. 6) and Parts of Harris Road & Kellie Ann Lane and
an unnumbered parcel south of Kellie Ann Lane, and all of Sites B and C, Sub-
division of Lands of A. J. Parker 'Parkview Manor' (MB 25 Pg. 8) (formerly A. J.
Williams Property), Lynnhaven Borough, Virginia Beach, Virginia", dated August
6, 1979 and rnade by Wilford P. Large, be spread upon the public records in the
Clerk's Office of the Circuit Court of this City and indexed in like manner
as deed and as a plat to lands.
The expense of recordation of this ordinance and accompanying
plat will be borne by Parker Industries.
Subject to the City Manager's recommendation:
1. The property shall be replatted so that all parcels
have adequate frontage on city streets.
With one stipulation as recommended by City Council:
1. THAT THE OWNER CERTIFY THROUGH HIS ATTORNEY TO
THE CITY ATTORNEY THAT THE OWNER OWNS BOTH SIDES
OF THE PROPERTY.
8/2 7/79
VIRWPIA: In tbe Cle,k's Olli,e ./ tb@ Ci,,@it Co,,i @/ Vigini. Beach., day
(-l ... . . ............. .. 19,@ . .. ...... ., 9,'@ QS ......
....... tbis i@st,u.@,u was e,eived and upon th@
6 c,,tiiic,t@ o/ a,k@..I,dg.ent tbe,et. anne@ed, ad@itt,d t, ,,@,d. "T
1119
Voting: 11-0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, George R. Ferrell, Barbara M.
Henley, Clarence A. Holland, Vice Mayor J. Henry McCoy, Jr.,
Donald W. Merrick, Meyera E. Oberndorf, J. Curtis Payne,
Roger L. Riggs and Mayor Patrick L. Standing
Council members Voting Nay;
None
Council Members Absent:
None
(ITEM II-H.I.) ITEM #14133 CONSENT AGENDA
On motion by Councilman Ferrell, seconded by Councilman Baum, City Council voted
to approve the application of Virginia Recreation and Parks Society for the renewal
of a raffle permit.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, George R. Ferrell, Barbara M.
Henley, Clarence A. Holland, Vice Mayor J. Henry McCoy, Jr.,
Donald W. Merrick, Meyera E. Oberndorf, J. Curtis Payne,
Roger L. Riggs and Mayor Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
None
(ITEM II-I.I.) ITEM #14134 PLANNING ITEMS
On motion by Vice Mayor McCoy, seconded by Councilman Baum, City Council voted
to approve the Ordinance to amend the Master Street and Highway Plan dated
December 16, 1974 pertaining to False Cape Parkway interchanges:
AN ORDINANCE TO AMEND THE MASTER STREET
AND HIGHWAY PLAN DATED DECEMBER 16, 1974
PERTAINING TO FALSE CAPE PARKWAY
INTERCHANGES
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the Master Street and Highway Plan dated December 16, 1974, is
hereby amended as follows:
8/27/79
-16-
1. Add a grade-separated interchange at the intersection of
False Cape Parkway and Lynnhaven Parkway.
2. Add a grade-separated interchange at the intersection of
False Cape Parkway and Independence Boulevard.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
27th day of ust__, 1979.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, George R. Ferrell, Barbara M.
Henley, Clarence A. Holland, Vice Mayor J. Henry McCoy, Jr.,
Donald W. Merrick, Meyera E. Oberndorf. J. Curtis Payne,
Roger L. Riggs and Mayor Patrick L. Standing.
Council Members Voting Nay:
None
Council Members Absent:
None
(ITEM II-I.2.) ITEM #14135
Mr. Ransom Etheridge, Attorney, representing the applicant.
On motion by Councilman Merrick, seconded by Councilman Baum, City Council voted
to uphold the recommendations of the Planning Commission and the City Manager
and APPROVE the following Ordinance upon application of The Bailey Wick Company
for a Chanqe of Zoninq District Classification from A-] Apartment District to
A-2 Apartment District.
ORDINANCE UPON APPLICATION OF THE BAILEY WICK
COMPANY FOR A CHANGE OF ZONING DISTRICT CLASS- Z0879442
IFICATION FROM A-1 Apartment District to A-2
Apartment District
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA,
THAT:
Ordinance upon application of The Bailey Wick Company for a Change of Zoning
District Classification from A-1 Apartment District to A-2 Apartment District
on certain property located on the South side of Old Virginia Beach Road begin-
ning at a point 120 feet more or less East of West Lane, running a distance of
132.67 feet along the South side of Old Virginia Beach Road, running a distance
of 417.99 feet along the Eastern property line, running a distance of 123.67
feet along the Southern property line, running a distance of 168.20 feet in a
Northerly direction, running a distance of 115 feet in a Westerly direction,
running a distance of 22 feet along the East side of West Lane, runni,ng a dis-
tance of 114.92 feet in an Easterly direction and running a distance of 180.81
feet in a Northerly direction. Said parcel contains 1.181 acres. LYNNHAVEN
BOROUGH
Approval is subject to the following conditions in conjunction with the intended
use of the land:
8/27/79
-17-
1. Standard improvements as required by the Site Plan Ordinance.
2. City water and sewer.
3. Right of way improvements will be necessary along Old
Virginia Beach Road; this includes pavement widening,
curb and gutter, sidewalk, and drainage facilities.
4. Adequate downstream drainage facilities will be required.
5. The lease shall give full disclosure that this site is in
the Oceana Naval Air Station Noise Zone 3.
6. A 10-foot dedication along Old Virginia Beach Road.
7. A vacation of the existing lot lines in order to avoid the
creation of nonconfordiing lots.
This Ordinance shall be effective upon date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
27th day of August 1979.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, George R. Ferrell, Barbara M.
Henley, Clarence A. Holland, Vice Mayor J. Henry McCoy, Jr.,
Donald W. Merrick, Meyera E. Oberndorf, J. Curtis Payne,
Roger L. Riggs and Mayor Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
None
(ITEM 11-1.3.) ITEM #14136
Calvin Spain, Attorney, represented the applicant.
John Peterson, resident of Lord Dunmore Drive, appeared in opposition
On motion by Vice riayor McCoy, seconded by Councilman Ferrell, City Council voted
to uphold the recommendation of the Planning Commission and the City Manager and
APPROVE the following Ordinance upon application of Amoco Oil Company for a
Conditional Use Permit for a car wash.
ORDINANCE UPON APPLICATION OF AMOCO OIL COMPANY R0879266
FOR A CONDITIONAL USE PERMIT for a car wash
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA,
THAT:
Ordinance upon application of Amoco Oil Company for a Conditional Use Permit for
a car wash on certain property located at the Southeast intersection of Providence
Road and Lord Dunmore Drive, running a distance of 160.39 feet along the South
side of Providence Road, running a distance of 129.95 feet along the Eastern
Property line, running a distance of 160.39 feet along the Southern property line
and running a distance of 129.95 feet along the East side of Lord Dunmore Drive.
Said parcel contains .478 acre. KEMPSVILLE BOROUGH
8/2 7/79
-18-
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. No water shall be permitted to fall upon or drain across public
streets or sidewalks or adjacent properties.
4. The recycling of water in accordance with the City Code.
5. Parking at a ratio of three spaces for each car wash space
within the facility.
This Ordinance shall be effective upon date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
27th day of August 1979.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, George R. Ferrell, Barbara M.
Henley, Clarence A. Holland, Vice Mayor J. Henry McCoy, Jr.,
Donald W. Merrick, Meyera E. Oberndorf, J. Curtis Payne,
Roger L. Riggs and Mayor Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
None
(ITEM II-I.4.) ITEM #14137
On motion by Councilman Merrick, seconded by Councilman Holland, City Council voted
to DEFER FOR 30 DAYS, as requested by the applicant, the following Ordinance upon
application of Parker Industri(-s for a Conditional Use Permit for a car wash.
(IMPROPER POSTING OF SIGN)
Ordinance upon application of Parker Industries for a Conditional Use Permit for
a car wash on certain property located on the North si@e @f Virginia Beach
Boulevard beginning at a point 200 feet East of Little Neck Road, running a dis-
tance of 210 feet along the North side of Virginia Beach Boulevard, running a
distance of 162 feet in a Northerly direction, running a distance of 42.8 feet
in an Easterly direction, running a distance of 100 feet in a Northwesterly
direction, running a distance of 430 feet more or less in a Southwesterly dir-
ection, running a distance of 20 feet along the East side of Little Neck Road,
running a distance of 187.69 feet in a Northeasterly direction and running a
distance of 162 feet in a Southeasterly direction. Said parcel contains 1.15
acres. LYNNHAVEN BOROUGH
Voting: 11-0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, George R. Ferrell, Barbara M.
Henley, Clarence A. Holland, Vice Mayor J. Henry McCoy, Jr.,
Donald W. Merrick, Meyera E. Oberndorf, J. Curtis Payne,
Roger L. Riggs and Mayor Patrick L. Standing 8/27/79
-19-
Council Members Voting Nay:
None
Council Members Absent:
None
ITEM #14138
Councilman Holland requested a Resolution be prepared for changing the name
of Fal se CapeParkway, as it currently ex i sts now, to"FERRELL PARKWAY" in
honor of Councilman George R. Ferrell.
(ITEM II-J.l.a.) ITEM #14139 ORDINANCES
On motion by Vice Mayor McCoy, seconded by Councilman Merrick, City Council
voted to DEFER for twP (Z)weeks the following ordinance declaring certain
property excess and authorizing the City Manager to advertise for public
bid and convey said excess property in order that the City Manager discuss
this Ordinance with the Department of Real Estate for a zoning change on
this piece of property.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, George R. Ferrell, Barbara M.
Ilenley, Clarence A. Holland, Vice Mayor J. Henry McCoy, Jr.,
Donald W. Merrick, Meyera E. Oberndorf, J. Curtis Payne,
Roger L. Riggs and Mayor Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
None
8/2 7/79
-20-
AN ORI)IANCE DECLAKING CERTAIN PROP[@FY
EXCISS AND AIJIIIOI@IZI@IG III[ CITY tiANAGER
TO ADVERTISE FOR PUBLIC Bl[) AND CONVL7
SAID EXCESS PRO@'EIZTY
WHEREAS, the following described property is now owned in fee simple
by the City of Virginia Beach; and
WHEREAS, it is the opinion of the City Manager and the City Council
that the property described herein is in excess of the needs of the City of
Virginia Beach, Virginia; and
WHEREAS, it is now considered suitable to dispose of this property
for public bid; and
WHEREAS, the voting requirerients set forth in Section 15.1-307 of the
Code of Virginia, as amended, have been met.
NOW, THEREFORE, Be it Ordained By The Council Of The City Of Virginia
Beach, Virginia:
That the -following described property is hereby declared excess prope ty,
and that the City Manager is hereby authorized to advertise for public bid and
@execute a Quitclaim Deed and convey t6o followinci described property to wit:
All that certain lot, piece or parcel of land
with iniprovements thereon, lying, being and
situate in the Kpiiipsville Borough, City of
Virginia Reach, Viroinia, designated and shown
as "Parcel B (0.31 acres)," except for a 10 foot
strip bordering Old Providence Road and running
along the southerri boundary line of Parcel B,
designated as "IO foot strip is hereby reserved
for street and hiotiway poi,poses." Both "Parcel B"
and the 10 foot strip reservatioli are found on
and Plat entitled "Subdivision of Property of
the City of Virginia Beach, Virginia (II.B. 96,
Pg. 3)" dated Jul), 13, 1979, said plat being
duly recorded in the Clerk's Office of tlie Circuit
Court of the City of Virginia Beach, Virqinia in
i Map Book 135, at page 52 to @,,,Iiich reference is l@ade
for a iiiore particular descfiption.
Adopted by 'he Council of tlie City of Vii,ginia Beacli, Virginia,
this day of 1979.
AP@-@@OVED AS l'O CC@@ll,,,,-,S
RJN:wk AIL @E
8/ 22/ 79
DEFERRED FOR TWO (2) WEEKS
AFP@OVED I,,S TCj
-2 1-
(ITEM II-J.2.a.) ITEM #14140 SECOND READING
On motionby Councilwoman Oberndorf, seconded by Councilwoman Henley, City Council
voted to approve the following Ordinance on second reading:
AN ORDINANCE TO AMEND SECTIONS 29-11
AND 37-30 OF THE CODE OF THE CITY OF
VIRGINIA BEACH RELATING TO SEWER AND
WATER LINE FEE EXEMPTIONS FOR CERTAIN
ELDERLY AND HANDICAPPED PERSONS
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That certain portions of the above-mentioned sections of the Code of the City
of Virginia Beach are amended as follows:
Section 29-11. Sewer line fee exemptions-For certain elderly and
handicapped persons
(b) Exemptions shall be granted subject to the following provisions:
(1) Title to the property for which the line fee exemption is sought
must be held or partially held by the applicant at least one
hundred twenty days prior to the installation or scheduled date of
installation, whichever comes first, of the sewer line.
(2) The owner of the title or partial title is sixty-five years of age or
older at least one hundred and twenty days prior to the
installation or scheduled installation date, whichever comes first,
of the sewer line. If such person is under sixty-five (65) years of
age, he or she shall possess a certification by the Social Security
Administration, the Veteran's Administration, or tbe Railroad
Retirement Board, or if such person is not eligible for certifi-
cation by any of these agencies, a sworn affidavit by two (2)
medical doctors licensed to practice medicine in the common-
wealth to the effect that such person is permanently and totally
disabled, as defined in subsection (g). The affidavit of at least
one of such doctors shall be based upon a physical examination of
such person by such doctor. The affidavit of one of such doctors
may be based upon medical information contained in the records
of the Civil Service Commission which is relevant to the
standards for determining permanent and total disability as
APP 0 CONTENTS
SIGNATURE
DEPART ENT
D AS TO FORM
-22-
defined in subsection (g). Such medical affidavits shall be filed
with the administrator at such time as the applicant files a line
fee exemption affidavit.
(4) That the total combined income during the immediately pre-
ceding calendar year from all sources of the owners of the
dwelling living therein and of the owner's relatives living in the
dweRing does not exceed eight thousand five hundred dollars,
provided that the first two thousand dollars of income of each
relative, other than spouse, of the owner, or owners, who is living
in the dwelling shall not be included in such total.
(5) The net combined financial worth of the owner shall not exceed
thirty-five thousand dollars, excluding the fair market value of
the house to be connected to the sewer line. Net combined
financial worth shau include the value of all assets, including
equitable interests, of the owner and of the spouse of the owner.
(c) The persons applying for line fee exemption must file with the
administrator a line fee exemption affidavit setting forth, in a
manner prescribed by the administrator, the location and value of the
property to be connected to the line, the names of the persons related
to the owner and occupying the dwering, their gross combined income
and their net combined financial worth. If such applicant is under
sixty-five years of age, medical certification or affidavits as set
forth in subsection (b) (2) shall also be filed with the administrator.
(d) Where the person claiming exemption conforms to the standards and
does not exceed the limitations contained in this section, the line fee
exemption shall be as shown on the foeowing schedule:
Total Income
All Sources Exemption
$ 00.00 - $3,500.00 100%
3,501.00 - 5,000.00 80%
5,001.00 - 6,000.00 60%
6,001.00 - 000,00 40%
7,001.00 - 8,500.00 20%
-2 3-
(g) For purposes of this section, a person is permanently and totally
disabled if he is so certified as required in subparagraph (b) (2) of this
section and is found by the local official designated under subsection
(c) to be unable to engage in any substantial gainful activity by reason
of any medically determinable physical or mental impairment or
deformity which can be expected to result in death or can be
expected to last for the duration of such person's life.
Section 37-30. Water line fee exemptions-For certain elderly and
handicapped persons
(b) (2) The owner of the title or partial title is sixty-five years of age or
older at least one hundred and twenty days prior to the
installation or scheduled date of installation, whichever comes
first, of the water line. If such person is under sixty-five years
of age, he or she shafl possess a certification by the Social
Security Administration, the Veteran's Administration, or the
Railroad Retirement Board, or if such person is not eligible for
certification by any of these agencies, a sworn affidavit by two
(2) medical doctors licensed to practice medicine in the
commonwealth, to the effect that such person is permanently
and totally disabled, as defined in subsection (g). The affidavit
of at least one of such doctors shar be based upon a physical
examination of such person by such doctor. The affidavit of one
of such doctors may be based upon medical information con-
tained in the records of the Civil Service Commission which is
relevant to the standards for determining permanent and total
disability as defined in subsection (g). Such medical affidavits
shall be filed with the administrator at such time as the
applicant files a line fee exemption affidavit.
-24-
(4) That the total combined income during the immediately pre-
ceding calendar year from all sources of the owners of the
dweHing living therein and of the owner's relatives living in the
dweBing does not exceed eigbt thousand five hundred dollars,
provided that the first two thousand dollars of income of each
relative, other than spouse, of the owner, or owners, who is living
in the dwelling shall not be included in such total.
(5) The net combined financial worth of the owner shall not exceed
thirty-five thousand dollars, excluding the fair market value of
the house to be connected to the water line. Net combined
financial worth shall include the value of aH assets, including
equitable interests, of the owner and of the spouse of the owner.
(c) The persons applying for line fee exemption must file with the
administrator a line fee exemption affidavit, setting forth, in a
manner prescribed by the administrator, the location and value of the
property to be connected to the line, the names of the persons related
to the owner and occupying the dwelling, their gross combined income
and their net combined financial worth. If such applicant is under
sixty-five (65) years of age, medical certification or affidavits as set
forth in subsection (b) (2) shall also be filed with the administrator.
(d) Where the person claiming exemption conforms to the standards and
does not exceed the limitations contained in this section, the line fee
exemption shall be as shown on the following schedule:
Total Income
All Sources Exemption
$ 00.00 - $3,500.00 100%
3,501.00 - 5,000.00 80%
5,001.00 - 6,000.00 60%
1 1. - I .00 40%
7,001.00 - 8,500.00 20%
-25-
(g) For purposes of this section a person is permanent totall
disabled if he is so certified as required in subparagraph (b) (2) of this
section and is found by the local official designated under subsection
(c) to be unable to engage in any substantial gainful activity by reason
of any medicaby determinable physical or mental impairment or
deformity which can be expected to result in death or can be
expected to last for the duration of such person's life.
Adopted by the Council of the City of Virginia Beach, Virginia on the
27th day of August , 1979.
FIRST READING: August 20, 1979
SECOND READING: August 27, 1979
Voting: 11-0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, George R. Ferrell, Barbara M.
Henley, Clarence A. Holland, Vice Mayor J. Henry McCoy, Jr.,
Donald W. Merrick, Meyera E. Oberndorf, J. Curtis Payne,
Roger L. Riggs and Mayor Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
None
(ITEM II-J.2.b.) ITEM #14141 -26-
On motion by Councilman Ferrell, seconded by Mayor Standing, City Council voted
to APPROVE the following Ordinance on second reading:
AN ORDINANCE TO APPROVE A CLERK POSITION
IN THE DEPARTMENT OF PERSONNEL TO BE FUNDED
FROM COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS
WHEREAS, the City of Virginia Beach Department of Personnel has
undertaken an Affirmative Action Program using existing employees who
devote a portion of their time to its implernentation, and
WHEREAS, officials of the U. S. Department of Housing and Urban
Development (HUD) require employment statistical data relating to
individuals who reside in target neighborhoods, and
WHEREAS, the city Affirmative Action Staff is not sufficiently
large to maintain the information required by HUD, and
WHEREAS, funds have been provided by HUD in the Community
Development Block Grant Program (CDBG) for this purpose,
NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA that one position be added to the Testing
and Selection division of tbe Department of Personnel in order to
accumulate data required by HUD to be paid from CDBG funds for the
duration of the grant with the class of the employee to be determined
by the City Manager.
Adopted by the Council of the City of Virginia Beach, Virginia
on the 27th day of August 19 79
First Reading: August 20, 1979
Second Reading: August 27, 1979
Voting: 11-0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, George R. Ferrell, Barbara M.
Henley, Clarence A. Holland, Vice Mayor J. Henry McCoy, Jr.,
Donald W. Ilerrick, @leyera E. Oberndorf, J. Curtis Payne,
Roger L. Riggs and rlayor Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
None
8/27/79
(ITEM II-J.2.c.) ITEM #14142 -27-
On motion by Councilwoman Oberndorf, seconded by Councilman Baum, City Council voted
to APPROVE the following Ordinance on second reading:
AN ORDINANCE TO TRANSFER APPROPRIATIONS
WITHIN THE MENTAL RETARDATION/DEVELOPMENTAL
DISABILITIES BUDGET
WHEREAS, the Virginia Beach City Council approved an appropriation
of $144,281 for Administration/Residential Services in the Fiscal Year
1979-80 Mental Retardation/Developmental Disabilities Budget, and
WHEREAS, the State Department of Mental Health and Mental Retardation
recommends a separation of certain programs for funding purposes.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BF-ACH, VIRGINIA:
That the City Manager is hereby authorized to transfer appropriations
within the Mental Retardation/Developmental Disabilities Budget, as follows:
Approved Revised
Budget Budget
Administration/Residential Services $144,281 $ -0-
MR/DD Administration -0- 74,970
Residential Services 69,311
$144_281 $144_281
FIRST READING: August 20, 1979
SECOND RF-ADING: August 27, 1979
Adopted by the Council of the City of Virginia Beach on the 27th
day ,f August 1979.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, George R. Ferrell, Barbara M.
Henley, Clarence A. Holland, Vice Mayor J. Henry McCoy, Jr.,
Donald W. Merrick, Meyera E. Oberndorf, J. Curtis Payne,
Roger L. Riggs and Mayor Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
@4one
8/2 7/79
(ITEM II-J.3.a.l.) ITEM #14143 -28- FIRST READING
on motion by Councilman Merrick, seconded by Vice tlayor McCoy, City Council voted
to DEFER for two (2) weeks the following ordinance:
AN ORDINAN('I,' l'O TNCt',]@ASI@
APPI@OPRTA'FIONS 114 1111-1 111",NDLETOI\l
CIII.LD SEI',Vl(@l,' CENTEI\ l@,til)GET
WHEREAS, thc@ Virpinia l@ach City Council approved an appropriation
of $352,191, estimated revenue from other agencies of $317,831, and a local
inatch of $34,360 in the Fiscal Year 1979-80 Pendleton Cliild Service Center
Budget, and
WIIEREAS, the Pendleton Child Service Genter is in need of a new
central air conditioning system at a cost of $11,575.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACII, VIRGINIA:
That $11,575 be appropriated to the Pendleton Child Service Center
for the installation of the new central air conditioning system, and
BE IT FURTHER ORDAINED that the appropriations will be financed
by $4,021 estimated revenue from other agencies and $7,554 from the
Pendleton Child Service Center Fund Balance.
FIRST READING:
SECOND RF-ADING:
Adopted by the Council of the City of Virginia Beach, Virginia on the
day of 1979.
DEFERRED FOR TWO WEEKS
(ITEM II-3.b.l.) ITEM #14144 BIDS
The following bids have been received for the Newsome Farm Sanitary Sewer and
Water Systems:
Contract I
Suburban Grading & Utilities, Inc. $ 948,473.08
Major T. Archbell, Inc. $ 978,008.50
Vico Construction Company $1,027,318.92
Basic Construction Company $1,096,796.00
A & W Contractors, Inc. $1,285,005.40
Engineer's Estimate $1,049,315.00
Contract II
Hunt Contracting Company $ 124,750.00
Gavco Corporation $ 144,000.00
Crowder Contracting Company $ 156,700.00
Luke Construction Company $ 157,400.00
Engineer's Estimate $ 115,000.00
- 29-
On motion by Councilman Holland, seconded by Vice Mayor McCoy, City Council
voted to APPROVE the low bid of Suburban Grading & Utilities, Inc., in the
amount of $948,473.08, for Contract I AND APPROVE the low bid of Hunt Con-
tracting Company, in the amount of $124,750.00, for Contract II; AND
authorized the City Manager to enter into the necessary agreements for the
implementation of the Newsome Farm Sanitary Sewer and Water Systems project.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, George R. Ferrell, Barbara M.
Henley, Clarence A. Holland, Vice Mayor J. Henry McCoy, Jr.,
Donald W. Merrick, Meyera E. Oberndorf, J. Curtis Payne,
Roger L. Riggs and Mayor Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
None
(ITEM II-3.b.2.) ITEM #14145
The following bids have been received for Thoroughgood Sanitary Sewerage
Facilities - Phase II:
Contract I
Floyd B. Smith Contracting, Inc. $547,027.20
M. E. Wilkins, Inc. $570,494.00
Major T. Archbell, Inc. $571,799.00
Suburban Grading & Utilities, Inc. $610,955.10
VICO Construction Corporation $638,372.04
A. Stanley Mundy & Company $782,263.75
A & W Contractors, Inc. $801,481.50
Engineer's Estimate $617,000.00
Contract II
Hunt Contracting Corporation $78,903.00
Crowder Contracting Company, Inc. $84,300.00
Van de Riet Construction Company, Inc. s85,190.00
Luke Construction Company, Inc. $93,600.00
GAVCO Corporation $95,716.00
Engineer's Estimate $85,000.00
On motion by Councilman Holland, seconded by Vice Mayor McCoy, City Council
voted to APPROVE the low bid of Floyd B. Smith Contracting, Inc., in the
amount of $547,027.20 for Contract I AND APPROVE the low bid of Hunt Con-
tracting Corporation, in the amount of $78,903.00 for Contract II; AND
authorized the City Manager to enter into the necessary agreements for the
Thoroughgood Sanitary Sewerage Facilities - Phase II project.
Voting: 11-0
8/27/79
- 30-
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, George R. Ferrell, Barbara M.
Henley, Clarence A. Holland, Vice Mayor J. Henry McCoy, Jr.,
Donald W. Merrick, Meyera E. Oberndorf, J. Curtis Payne,
Roger L. Riggs and Mayor Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
None
(ITEM 11-J.3.b.3.) ITEM #14146
The following bids have been received for the Thoroughgood Sanitary Sewerage
Facilities:
Contract I
Floyd B. Smith Contracting, Inc. $541,318.50
A & W Contractors, Inc. $547,019.18
VICO Construction Corporation $591,881.80
Suburban Grading & Utilities, Inc. $594,156.00
Major T. Archbell, Inc. $609,250.50
M. E. Wilkins, Inc. $669,260.50
A. Stanley Mundy, & Company $759,297.25
Engineer's Estimate $605,000.00
Contract II
Hunt Contracting Corporation $72,202.00
Van de Riet Construction Company, Inc. $82,915.00
Crowder Contracting Company, Inc. $83,700.00
Luke Construction Company, Inc. $87,200.00
GAVCO Corporation $98,716.00
Engineer's Estimate $85,000.00
On motion by Councilman Holland, seconded by Vice Mayor McCoy, City Council
voted to APPROVE the low bid of Floyd B. Smith Contracting, Inc., in the
amount of $541,318.50 for Contract I AND APPROVE the low bid of Hunt Con-
tracting Corporation, in the amount of $72,202 for Contract II; AND
authorized the City Manager to enter into the necessary agreements for the
Thoroughgood Sanitary Sewerage Facilities project.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, George R. Ferrell, Barbara M.
Henley, Clarence A. Holland, Vice Mayor J. Henry McCoy, Jr.,
Donald W. Merrick, Meyera E. Oberndorf, J. Curtis Payne,
Roger L. Riggs and Mayor Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
None 8/27/70
-3 1-
(ITEM II-J.3.b.4.) ITEM #14147
The following bids have been received for the Gracetown Sewer and Water System
Improvements:
A & W Contractors, Inc. $578,061.00
A. Stanley Mundy &Company $588,313.20
Vico Construction Corporation $604,486.15
Carter-Bell Corporation $632,070.00
Major T. Archbell, Inc. $656,383.00
Suburban Grading & Utilities, Inc. $661,603.60
W. R. Hall, Jr., Contractor $698,694.00
Engineer's Estimate $668,000.00
On motion by Councilman Holland, seconded by Vice Mayor McCoy, City Council
voted to APPROVE the low bid of A. & W Contractors, Inc., in the amount of
$578,061.00 for the Gracetown Sewer and Water System Improvements; AND
authorized the City Manager to enter into the necessary agreements to imple-
ment this project.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, George R. Ferrell, Barbara M.
Henley, Clarence A. Holland, Vice Mayor J. Henry McCoy, Jr.,
Donald W. Merrick, Meyera E. Oberndorf, J. Curtis Payne,
Roger L. Riggs and Mayor Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
None
(ITEM II-K) ITEM #14148 OLD BUSINESS
On motion by Councilman Riggs, seconded by Vice Mayor McCoy, City Council
voted to RECONSIDER the application of National Pride Equipment, Inc. for
a conditional use permit for a car wash,which was denied on August 13, 1979,
after it has been properly advertised.
Voting: 9-2
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, George R. Ferrell, Clarence A.
Holland, Vice Mayor J. Henry McCoy, Jr., Donald W. Merrick,
J. Curtis Payne, Roger L. Riggs and Mayor Patrick L. Standing
Council Members Voting Nay:
Barbara M. Henley and Meyera E. Oberndorf
Council Members Absent:
None
8/27/79
- 32-
ITEM #14149
On motion by Councilman Merrick, seconded by Mayor Standing, City Council
voted to RECONSIDER the application of Laura C. Adams for a free-standing
mobile horne, which was denied on August 13, 1979.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, George R. Ferrell, Barbara M.
Henley, Clarence A. Holland, Vice Mayor J. Henry McCoy, Jr.,
Donald W. Merrick, Meyera E. Oberndorf, J. Curtis Payne,
Roger L. Riggs and Mayor Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
None
ITEM #14150
Councilwoman Henley requested the City Manager's report regarding the
free-standing mobile homes.
ITEM #14151
On motion by Councilman Holland, seconded by Councilman Ervin, and by ACCLAMATION
Council adjourned at 9:20. p.m.
R th Hdges Smi' M@y,,r Patr Standing
City of Virginia Beach,
Virginia
August 27 , 1979
b
8/2 7/79
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