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HomeMy WebLinkAboutAPRIL 23, 1979 CITY OF VIRGINII BEICI MUNICIPAL CENTER "'W.,dd'@ -E.@,q.st City- VIRGINIA BEACH, VIRGINIA 23456 MAYOR PATRICK L. STANDING, Al 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.,..gh DONALD W. MERRICK, Ly@@b..- B .... gb JOHN A. BAUM. Bl.ck..t@, B@,.,gb MEYERA E. OBERNDORF, Al L.,g@ F. REID ERVIN, At L,,g, J. CURTIS PAYNE, A.@@ B@,..gh GEORGE R. FERREI,I., Al L.,g@ ROGER L. R16GS, Vigi@i. B ... b Bo,..gb BARBARA M. IIENLEY, P.@g. B.,..gh RUTII HODGES SMITH, Ci,y Cl@,k CITY COUNCIL AGENDA ITEM I INFORMAL SESSION: Monday, 23 April 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. Relocation of Substance Abuse Outreach and Al-cohol Treatment Programs: Discussion of Mental Health Department using the 22nd Street Library Facility. 2. Drainage Report: Report by officials of the Department of Public Works in regard to drainage in the City. 3. Churchill Drive Extended: Discussilon of pro- posed extension of Churchill Drive to Princess Anne Road. 4. Food Handlers Permits; Discussion of possi- bility of passing an ordinance requiring food handlers cards. 5. Princess Anne Road Alignment: Discussion @f Princess Anne Road near the Navy Housing. ITEM II FORMAL SESSION: Monday, 23 April 1979 - 7:00 p.m. A. INVOCATION - Reverend James Higgins Charity United Methodist Church B. PLEDGE OF ALLEGIANCE C. ROLL CALL OF COUNCIL D. MINUTES OF REGULAR PREVIOUS MEETING 1. Motion to accept/approve the Minutes of April 16, 1979 E. RESOLUTIONS 1. Proclamation - "Keep America Beautiful Week" and recognize Clean Community Task Force 2. Children of American Revolution to present Mayor with a scrap book in regards to "Keep America Beautiful" ITEM II E. RESOLUTIONS 3. Letter from the City Manager recommending that City Council adopt a Resolution supporting the Norfolk Port and Industrial Development Author- ity brief for the merger of Eastern and National Airlines. 4. Letter from the City Manager recommending that City Council adopt a Resolution authorizing the City Manager to submit a proposal to the Urban Assistance Incentive Fund for $25,000 on be- half of Project Friendship, Inc., Child Develop- ment Center. 5. Letter from the City Manager recommending that City Council adopt a Resolution ratifying the action of the City Manager and the City Clerk in executing a certain deed of exchange between Office Park Associates and the City of Virginia Beach dated April 12, 1979. 6. Letter from the City Manager recommending that City Council adopt a Resolution authorizing the City Manager and the City Clerk to execute a certain indemnification agreement with the United States Navy relating to removal of the submerged remains of the steel pier at Second Street. F. PUBLIC HEARINGS - None G. CONSENT AGENDA 1. Letter from the City Manager recommending that City Council approve an ordinance to amend and reordain Section 5-7 of the Code of the City of Virginia Beach, Virginia, relating to the establishment of Bird Sanctuaries in certain areas by adding the subdivision known as Bay- lake Pines and Baylake Beach. 2. Letter from the City Manager recommending that City Council approve the Raffle permit of Little Neck Garden Club. H. PLANNING ITEMS 1. Letter from the City Manager transmitting the recommendation of the Planning Commission for denial of the application of Daniel and Lucy Cristofano for a change of zoning from R-1 Residential District to R-3 Residential District on a 30.2 acre parcel located at the southeast intersection of tlorth Witchduck Road and Richard- son Road (Bayside Borough). 2. Letter from the City Manager transmitting the recommendation of the Planning Commission for denial of the application of K. G. Christo- poulos for a change of zoning from R-3 Resi- dential District to R-5 Residential District and a conditional use permit for a home for adults on a 3 acre parcel located on the north side of Horse Shoe Bend, east of Jack Frost Road (Bayside Borough). ITEM II H. PLANNING ITEMS 3. Letter from the City Manager transmitting the recommendation of the Planning Commission for approval of the application of Stephen C. Baugh for a change of zoning from R-6 Resi- dential District to A-2 Apartment District on a .36 acre parcel and for a change of zoning from H-2 Resort-Hotel District to A-2 Apart- ment District on a 4.91 acre parcel. This property is located on the east side of Holly Road, north of Linkhorn Drive (Virginia Beach Borough). 4. Letter from the City Manager transmitting the recommendation of the Planning Commission to allow withdrawal of the application of Thomas L. Harp, t/a The Golden Harp, for a conditional use permit for antique and gift sales and furn- iture refinishing on a 7,000 square foot parcel located on the south side of Virginia Beach Boulevard, west of Mediterranean Avenue. (Virginia Beach Borough) 5. Letter from the City Manager transmitting the recommendation of the Planning Commission for denial of the application of Helen L. Foos for a conditional use permit for a 24' X 8' bill- board on a .32 acre parcel located on the south side of Virginia Beach Boulevard, west of Kentucky Avenue (Kempsville Borough). I. ORDINANCES 1. Planning Items a. Letter from the City Manager transmitting the recommendation of the Planning Commission for approval of an ordinance to amend and re- ordain Section 8.3 of the Subdivision Ordi- nance relating to subdivision variance fees. 2. Ordinances in General - None 3. Second Readings a. City Council is requested to approve on second reading an ordinance to appropriate $500,150 for site acquisition for the Beach Maintenance Program. b. City Council is requested to approve on second reading an ordinance to appropriate funds to the City Jail for additional food costs, in the amount of $15,000. c. City Council is requested to approve on second reading an ordinance to appropriate $20,000 for parking meters at the south end of the Beach Borough. d. City Council is requested to approve on second reading an ordinance to accept a grant totaling $2,936 from the Virginia Association of Commonwealth's Attorneys and to appropriate these funds. ITEM II I. ORDINANCES 4-A- Appropriations - FIRST READINGS la. Letter from the City Manager recommending that City Council approve an ordinance to make appropriations for the FY beginning July 1, 1979 and ending June 30, 1980 in the amount of $170,696,348 for operations and $50,030,496 in interfund transfer and regulating the Payment of money out of the City Treasury lb. And an ordinance establishing the tax levy on real estate for tax FY 1980. lc. And an ordinance establishing the tax levy on personal property and machinery and tools for the calendar year 1980. Id. And an ordinance to amend and reordain Chapter 21 of the Code of the City of Virginia Beach relating to Mosquito Con- trol Districts. FIRST READING 2a. Letter from the City Manager recommending that City Council approve an ordinance authorizing the issuance of Public Improve- ment bonds of the City of Virginia Beach in the maximum amount of $16,800,000. 2b. And an ordinance to appropriate $5,200,000 for various schools, highways and engineering buildings, and parks and recreation projects (Revenue Sharing Allocations)FIRST READING 3. Letter from the City Manager recommending that City Council approve an ordinance to appropriate $14,500 for an asphalt recycler. FIRST READING B. Appropriations - BIDS - None C. Appropriations - GRANTS 1. Letter from the City Manager recommending that City Council accept a grant totaling $139,214 from the Department of Health, Education and Welfare and to appropriate these funds for Child Protective Services. FIRST READING 2. Letter from the City Manager recommending that City Council accept grants totaling $71,732 from the Division of Justice and Crime Prevention and to appropriate these funds. FIRST READING 5. Code Amendments a. Letter from the City Manager recommending that City Council approve an ordinance to amend and reordain Sections 8-2(i), 8-15, 8-20(k) and 8-22 of the Code of the City of Virginia Beach pertaining to Building Inspections and permit fees. ITEM II J. ADDITIONAL ACTION ITEMS 1. Letter from the City Manager recommending that City Council authorize the City Manager to sign a letter of intent to be forwared to the Southeastern Public Service Authority (SPSA) indicating that City Council intends to participate in the Resource Recovery Pro- gram. K. UNFINISHED BUSINESS 1. Appointments - Boards and Commissions L. OLD BUSINESS M. NEW BUSINESS a. Eastern Virginia Medical Authority - Progress Report N. ADJOURNMENT A. Motion for adjournment. Minutes of the Honorable City Council OF THE CITY OF VIRGINIA BEACH, VIRGItlIA April 23, 1979 The regular meeting of the Council of the City of Virginia Beach, Virginia, was called to order by Mayor Patrick L. Standing, in the Conference Room, in the Administration Building, on Monday, April 23, 1979, at 5:30 p.m. Council Members present: John A. Baum, F. Reid Ervin, George R. Ferrell, Barbara M. Henley, Clarence A. Holland, Donald W. Merrick, Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, and Patrick L. Standing Council Members absent: Vice llayor J. Henry McCoy, Jr. INFORMAL SESSION ITEM #13615 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 employees of any public body. (Personnel Matters) 2. Consultation with legal counsel and bri.-fing 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 Riggs, seconded by Councilman HollanO, City Council voted to proceed into the EXECIJTIVE SESSION following the INFORMAL SESSION. Voting: 10-0 louncil Members Voting Aye: John A. Baum, F. Reid Ervin, George R. Ferrell, Barbara M. Henley, Clarence A. Holland, Donald tl. Merrick, Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, Patrick L. Standing Council Members Voting ]Nay: iNone Council Members absent: Vice Mayor J. Henry McCoy, Jr. - 2- LEGAL ACTION-MERCHANTS ITEM #13616 The City Manager indicated he wished Council to be aware of some legal action that was brought against the City by the Beach Borough Merchants. The merchants on Atlantic Avenue attempted to invoke a temporary injunction on the necessary improve- ments on Atlantic Avenue, (two left-turn storage lanes on 21st and 22nd Streets). The Judge did not recognize temporary injunction as he indicated he would not interfere in a legislative process. The merchants indicated to the City Manager that he was not directed by Council to proceed with the improvements; however, the City Manager noted that traffic ordinances in the City allow the City Manager to institute traffic safety con- ditions. It was noted that the Beach Borough Merchants will appear before Council at the end of the regular agenda to discuss this matter. VICE MAYOR MCCOY ENTERED MEETING AT 5:35 p.m. RELOCATION-SUBSTANCE ABUSE PROGRAM ITEM #13617 The City Manager indicated that as Council is aware he presented on the INFORMAL AGENDA last week (April 16, 1979) the request of the Mental Health and tlental Retardation Services Board to occupy the old 22nd Street Library for their Out- Reach Center. There was no objection last week; however, this tieek it was asked that it be put back on the agenda, primarily, due to the emotional attitude of the res- idents in the area, and from people who wish to buy the property from the City. When the Library was located on 22nd Street the biggest problem to the City was patron service. Providing service to the patrons primarily using vehicular traffic to reach the Library. The Out-Reach Center has been a very effective one, and the City feels it will continue to be a success. It is under new operation, new management with Mr. Howard Cullum, Director, new Board members with Mr. Frank Friend as their Chairman, they have taken a very active interest in the Out-Reach Center. The Management wishes to upgrade, not only personnel but its premises as well. The Center has been cited by OSHA and the Department of Labor for not having safe premises (the Center is now located over Sir Richard's Rib House on Atlantic Avenue). The Center does not rely on vehicular traffic, nor does it have continuious walk in service. Ninety percent of their work is done by telephone crisis intervention where they are actually talking to the individuals on the phone. It is not a half-way house for drug users. The City Manager indicated the Staff has searched diligently for another location for the Out-Reach Center, from Rudee Inlet to 40th Street, there is no space for rent anywhere in the Beach Borough. It was noted that this matter will be brought u.o in the Regular Session after the reading of the minutes. 4/ 2 3/ 7 9 - 3- DRAINAGE REPORT ITEM #13618 Mr. Donald Trueblood, City Engineer, appeared before Council in the INFORMAL SESSION and presented to Council the Storm Drainage Report. Mr. Trueblood indicated that flooding can be attributed primarily to two basic sources; tidal and fluvial runoff of storm water, and in order to recognize existing problems and to plan and control drainage development within the City, the City, the Department of Community Services (now Public Works) acting in behalf of and with the authorization of City Council initiated a Master Drainage Study for the City of Virr,,inia Beach. The project was started in 1973 with a completion of Phases I and II in the Fall of 1974. The immediate goals of the City study were to inventory, compile and organi7e existing information in a form that would be most useful for City staff on a day to day basis. The study developed a master plan in three separate phases: Phase 1: Consisted of the development of a master drainage map of the City depicting the major watersheds, and the division of major watersheds into sub- watersheds, in accordance with land development and existing topographic features. Phase II: Provided for the assemblage of drainage date for all previously constructed projects from existing development plans and placing all accumulated drainage data on reproducible 200 scale topographic planimetrics. Phase III: Consisted of the delineation of outfalls and drainage- ways of the subwatersheds along with their connections to major canal systems. Phase I of the Master Study identified three primary watersheds in addition to the natural watersheds of the Lynnhaven River, Linkhorn Bay, Little Creek, North Landing River and Back 9ay. These watersheds are noted as the Virginia Beach East, Central, and West Basins, respectively. PhaseIII of the City's master drainage study has delineated secondary canal improve- ments along the subwatersheds of the major basins. Following is a list of the Capital Improvements Program Drainage Projects: 1. North Beach Storn Drainage - Phase I 2. North Beach Storm Drainage - Phase II 3. North Beach Storm Drainage - Phase III 4. North Beach Storm Drainage - Phase IV 5. North Beach Storm Drainage - Phase V 6. Cape Story - Cape Henry Shores Drainage 7. Lynnhaven Colony Drainage 8. Oceana 9. Ocean Park Storm Drainage 10. Chesapeake Beach Drainage Project 11. Lakes Shores Drainage 12. Diamond Lake Estate Storm Drainage 4/ 2 3/ 7 9 - 4 - CHURCHILL DRIVE EXTENDED ITEM #13619 The City Manager indicated that Churchill Drive Extended had been on the Master Street and Highway Plan; however, it had been removed by Council several years earlier. The developer has come in with a site plan to extend Churchill Drive closer to Princess Anne Road. The City Manager wanted Council to be aware of the development going on in that area, and indicated further that the City will either require the developer to cul-de-sac the street or deadend it as it is now. The developer is building the road at this time, and the City Manager requested Council's guidance. Council requested the City Manager to study this matter for other alternatives and report back to Council. FOOD HANDLERS PERMITS ITEM #13620 The City Manager indicated the City's health laws regarding food handlers is sufficient. Classes are being setup to aid the food handlers and upon completing the course they will receive a diploma. Council requested the staff study this matter before anything is deleted from the ordinance. ITEM #13621 The Discussion on the Princess Anne Road Alighment was postponed until the meeting of May 7, 1979. 4/ 2 3/ 7 9 - 5 - FORMAL SESSION ITEM #13622 Monday, April 23, 1979 7:15 p.m. Council Members present: John A. Baum, F. Reid Ervin, George R. Ferrell, Barbara M. Henley, Clarence A. Holland, J. Henry McCoy, Jr., Donald 14. Merrick, Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, and Patrick L. Standing Council Members absent: None INVOCATION was given by the Reverend James Higgins, Charity United Methodist Church PLEDGE OF ALLEGIANCE (ITEM II-D.1) ITEM #13623 MINUTES On motion by Councilwoman Oberndorf, seconded by Councilwoman Henley, City Council voted to approve the minutes of the regular meeting of April 16, 1979, as the minutes had previously been distributed to Council for their consideration. Voting: 11-0 Council Members Voting Aye: John A. Baum, F. Reid Ervin, George R. Ferrell, Barbara M. Henley, Clarence A. Holland, J. Henry McCoy, Jr., Donald W. Merrick, Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, and Patrick L. Standing Council Members Voting Nay: None Council Members absent: None 4/ 2 3/ 7 9 - 6 - (ITEM II-M.a) ITEM #13624 NEW BUSINESS Mayor Standing introduced Mr. Ivan D. Mapp, and Doctor John I Bowman, Members of the Eastern Virginia Medical Authority, to give their progress report of the EVMA. tir. Mapp indicated he appreciated the opportunit,/ to speak before Council to give them a report on just what the Eastern Virginia Medical Authority and the Iledical School means to Virginia Beach. Virginia Beach, as Council is aware, contributes $250,000 to the upkeep and betterment of the EVMA, and as a result of that the Authority has 243 employees, 30% live in the City of Virginia Beach, and their salaries bring into Virginia Beach $4,100,000. During the last year EVMA has purchased equipment and supplies from the merchants in Virginia, in the amount of $500,000. The State has given EVMA $52,000 in indigent care; $100,000 subsidized care for TRI and CMHC. The EVMA impact on Virginia Beach is $4,700,000. In addition, $2,100,000 has gone to the contractors in Virginia Beach to build and work on the buildings at EVMA. Mr. Mapp introduced Doctor John I. Bowman. Doctor Bowman indicated that in the year 1978, 5,590 citizens in Virginia Beach were treated through some facet of EVMA. There were 2,817 units of service provided as it relates to psychiatric care. Two hundred and ninety-three of Virginia Beach citizens were treated at the Tidewater Pehabilitation Institute, and 37 were involved at the educational school at TRI. One hundred and twenty of Virginia Beach's citizens received special laboratory studies through EVMA. From 1973 to 1978, there have been 57 new physicians who have come into Virginia Beach, 197 practicing physicians are involved in programs of continuing medical education provided through the EVRIA. (ITEM II-J.1) ITEM #13625 UNFIriISHED BUSINESS On motion by Councilman Baum, seconded by Vice Mayor McCoy, City Council voted to take from the table the appointment of the member to the WETLANDS BO.ARD, and to appoint to that position Mr. Roland Dorer to fill the unexpired term of David Stormont, ending September 17, 1979. Voting: 11-0 Council Members Voting Aye: John A. Baum, F. Reid Ervin, George R. Ferrell, Barbara M. Henley, Clarence A. Holland, J. Henry McCoy, Jr., Donald W. Merrick, Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, and Patrick L. Standing Council Members Voting Nay: None Council Members absent: t@one 41 2 3/ 7 9 - 7- (ITEM II-E.1) ITEM #13626 RESOLUTIONS-PROCLAMATIONS Mayor Standing introduced Mrs. Melinda Kicklighter, Senior Vice President, Cavalier Society of the Children of the American Revolution. Mrs. Kicklighter stated that Virginia Beach was a beautiful City; however, there is a need for some improvement, and by having these posters it is hoped the citizens will realize there is room for improvement in the problem with litter. Mrs. Kicklighter introduced the following members of the Daughters of the American Revolution and Children of the American Revolution: Mrs. Clarence Smith, Senior Vice President, Children of the American Revolution of Virginia, Regent of the Princess Anne County Chapter of the Daughters of the American Revolution. Mrs. Martha Huddleston, Senior President, Cavalier Society of the Children of the American Revolution. Mrs. Charles Kirkley, President, Cavalier Society of the Children of the American Revolution. The following prepared posters for Keep America Beautiful Week: Gran Kicklighter Suzanne Kicklighter Jody Oakley Laura Loxley Heidi Princapae Sam Huddleston Holly Oakley Anne Colona John Colona Mrs. Kirkley indicated that the group enjoyed preparing the posters, and by displaying them throughout the City it is hoped it will show the residents of Virginia Beach the problem litter has become in this City. Mayor Standing presented the following Proclamation proclaiming the week of April 23 through 28, 1979, as "Keep America Beautiful Week in Virginia Beach". - 8- P R 0 C L A M A T I 0 N WHEREAS, the City of Virginia Beach has been blessed with an abundance of resources and natural beauty; and, WHEREAS, each citizen should do what he can to maintain this heritage, to join in an effort for clean air, clean water, and a decent living environment for everyone; and, WHEREAS, for the last nine years, millions of concerned Americans have participated in Keep America Beautiful Week, working to restore beachfronts, establish aboretums, plant trees and other green, living things and to prevent littering; and, WHEREAS, Keep America Beautiful, Inc., is a nonprofit public service organization working to stimulate individual involvement in environmental improvement, during Keep American Beautiful Week, and with ongoing cc)mmunity programs. NOW, THEREFORE, 1, Patrick L. Standing, Mayor of the City of Virginia Beach, Virginia, do hereby proclaim the week of April 23 through 28, 1979, as: KEEP AMERICA BEAUTIFUL WEEK in Virginia Beach and all citizens are urged to work with civic groups, government agencies, and businesses to help preserve the natural splendor of the City of Virginia Beach during Keep America Beautiful Week and every week. /s/Patrick L. Standing Patrick L. Standing Mayor - 9- ITEIO. 113627 The following appeared in opposition to the Mental Health/Mental Retardation Services Board locating their Substance Abuse Program in the 22nd Street Library: Albert D. Alberi, speaking in behalf of Michael LaGilia, Jr. Robert Upton, resides in the 400 block of 22nd Street Michael LaGiglia, Jr. Martin Palacia Hugh Kitchen, President, Old Bay Civic League Richard L. Strokkorb, reside in the 200 block of 22nd Street Michael LaGiglia, Sr. After considerable discussion, the City Manager indicated he will instruct the Mental Health/Mental Retardation Services Board-Substal(:e Abuse Program- stay at their present location (Sir Richard's Rib House). The City Manager further indicated that other City offices can utilize the building, and he would hope they would not receive the objections as this matter has from the residents in the area. It was requested, however, that when City offices are placed in the building it would help if the City went into the neighborhoods to discuss the matter. On motion by Councilman Riggs, seconded by Councilwoman Oberndorf, City Council voted to NOT permit the Mental Health/Mental Retardation Services Board-Substance Abuse Program to utilize the 2"nd Street Library. Voting: 8-3 Council Members Voting Aye: (for denial of request) F. Reid Ervin, Barbara M. Henley, J. Henry McCoy, Jr., Donald W. Merrick, Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, and Patrick L. Standing Council Members Voting Nay: John A. Baum, Clarence A. Holland Council Members Abstaining: George R. Ferrell Council Members absent: None 4/ 2 3/ 7 9 -10- (ITEM II-E.3) ITEM #13628 R E S 0 L U T I 0 N WHEREAS, air transportation is a vital element in the Tidewater equation of a healthy economy; and, WHEREAS, hundreds of thousands of Tidewater residents depend upon air transportation for their livelihood, recreation, and distribution needs; and, WHEREAS, in an effort to maintain this strong air service, the Nor f olk Por t and Ind ustrial Authority has filed a brief bef ore the Civic Aeronautics Board supporting Eastern Airlines ' application to acquire National Airlines; and, WHEREAS, the Authority is convinced that this acquisition will result in improved air service for Tidewater. NOW, THEREFORE, BE IT RESOLVED that the Virginia Beach City Council goes on record as supporting this merger and communicates its support to the Civil Aeronautics Board and to the management of Eastern Airlines. Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty-Third day of April, 1979. - I I - On motion by Councilman Payne, seconded by Councilman Ferrell, City Council voted to APPROVE the Resolution supporting the Norfolk Port and Industrial Development Authority brief for the merger of Eastern and National Airlines. Voting: 11-0 Council Members Voting Aye: John A. Baum, F. Reid Ervin, George R. Ferrell, Barbara M. Henley, Clarence A. Holland, J. Henry McCoy, Jr., Donald W. Merrick, Meyera E. Oberndorf, J, Curtis Payne, Roger L. Riggs and Patrick L. Standing Council Members Voting Nay: None Council Members Absent: None - 1 2 - (ITEM II-E.4) ITEM #13629 RESOLUTION WHEREAS, the Commonwealth of Virginia has made available funds under the Urban Assistance Incentive Fund; and, WHEREAS, these funds may be used to address the problems of children under 18 years of age, of school age parents, and of low income families; and, WHEREAS, Project Friendship, Inc., Child Development Center, caters to children of school age parents and low income families; and, WHEREAS, the City of Virginia Beach desires to support the Project Friendship Child Development Center by requesting funds on its behalf from the Commonwealth of Virginia; and, WHEREAS, if such Grant is received, the City of Virginia Beach, through its Office of Community Development, will be responsible for the coordination and implemention of the project for which the funds will be requested. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH: That the City Manager is hereby authorized and directed to cause such information or materials as may be necessary to be provided to the Urban Assistance Incentive Fund to permit the formulation, approval, and funding of an application of $25,000 on behalf of Project Friendship, Inc., Child Development Center. Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty-Third day of April, 1979. - 1 3- Upon motion by Vice Mayor McCoy, seconded by Councilman Holland, City Council voted to APPROVE the Resolution authorizing the City Manager to submit a proposal to the Urban Assistance Inceritive Fund for $25,000 on behalf of Project Friendship, Inc., Child Development Center. Voting: 11-0 Council Members Voting Aye: John A. Baum, F. Reid Ervin, George R. Ferrell, Barbara M. Henley, Clarence A. Holland, J. Henry McCoy, Jr., Donald W. Merrick, Meyera E. Oberndorf, J, Curtis Payne, Roger L. Riggs and Patrick L. Standing Council Members Voting Nay: None Council Members Absent: None - 1 4- (ITEM II-E.5) ITEM #13630 The regular meeting of the Council of the City of Virginia Beach, Virginia, was held in the Council Chambers of the Administration Building on the day of April, 1979. On motion by Councilman Baum, and seconded by Councilman Holland, the following Resolution was adopted. A RESOLUTION RATIFYING THE ACTION OF THE CITY MANAGER AND THE CITY CLERK IN EXECUTING A CERTAIN DEED OF EXCHANGE BETWEEN OFFICE PARK ASSOCIATES AND THE THE CITY OF VIRGINIA BEACH DATED APRIL 12, 1979 BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the execution by the City Manager and the City Clerk of a certain deed of exchange dated April 12, 1979, between Office Park Associates and the City of Virginia Beach, Virginia, a Municipal Corporation, are hereby ratified and authorized. Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty-Third day of April, 1979 APPROVED: /s/Patrick L. Standing Mayor ATTEST: /s/ Ruth Hodges Smith City Clerk -1 5- On motion by Councilman Baum, seconded by Councilman Holland, City Council voted to APPROVE the Resolution ratifying the action of the City Manager and the City Clerk in executing a certain deed of exchange between Office Park Associates and the City of Virginia Beach, dated April 12, 1979. Voting: 11-0 Council Members Voting Aye: John A. Baum, F. Reid Ervin, George R. Ferrell, Barbara M. Henley, Clarence A. Holland, J. Henry McCoy, Jr., Donald W. Merrick, Meyera E. Oberndorf, J, Curtis Payne, Roger L. Riggs and Patrick L. Standing Council Members Voting Nay: None Council Members Absent: None - 1 6 - (ITEM II-E.6) ITEM #13631 The regular meeting of the Cotmcil of the City of Virginia Beach, Virginia, was held in the Council Chambers of the Administration Building on the Twenth-Third day of April, 1979. On motion by Councilman Merrick, and seconded by Councilman Riggs, the following Resolution was adopted. A RESOLUTION AUTHORIZING TBE CITY MANAGER AND CITY CLERK TO EXECUTE A CERTAIN INDEMNIFICATION AGREEMENT WITH TBE UNITED STATES NAVY RELATING TO REMOVAL OF THE SUBMERGED REMAINS OF THE STEEL PIER AT SECOND STREET BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the City Manager and the City Clerk are bereby authorized to execute an indemnification agreement, subject to approval as to form and legality by the City Attorney, with the United States Navy concerning the removal of the submerged remains of the Steel Pier at Second Street. Adopted by the Council of the City of Virgiriia Beac@ Virginia, on the Twenty-Third day of April, 1979. APPROVED: Mayor ATTEST: Isl Ruth Hodges Smith City Clerk - 1 7 - On motion by Councilman Merrick, seconded by Councilman Riggs, CitY COuncil voted to APPROVE the Resolution authorizing the City Manager and the City Clerk to execute a certain indemnification agreement with the United States Navy relating to removal of the submerged remains of the steel pier at Second Street. Voting: 11-0 Council Members Voting Aye: John A. Baum, F. Reid Ervin, George R. Ferrell, Barbara M. Henley, Clarence A. Holland, J. Henry McCoy, Jr., Donald W. Merrick, Meyera E. Oberndorf, J, Curtis Payne, Roger L. Riggs and Patrick L. Standing Council Members Voting Nay: None Council Members Absent: None -1 8- (ITEM II-C.1) ITEM #13632 CONSENT AGENDA Requested by: Councilman Clarence A. Holland, M.D. AN ORDINANCE TO AMEND AND REORDAIN SECTION 5-7 OF THE CODE OF THE CITY OF VTRGINIA BEACH, VIRGINTA, RELATING TO THE ESTABLISHMENT OF BIRD SANCTUARIES IN CERTAIN AREAS BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Section 5-7(f) of tbe Code of the City of Virginia Beach is amended and reordained as follows: Add: And the Subdivisions known as BAYLAKE PINES and BAYLAKE BEACH. An emergency exists and this Ordinance shall be in effect from date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty-Third day of April, 1979. - 1 9- On motion by Councilman Baum, seconded by Vice Mayor McCoy, City Council voted to ADOPT the ordinance to amend and reordain Section 5-7 of the Code of the city of Virginia Beach, Virginia, relating to the establish- ment of Bird Sanctuaries in certain areas, by adding the Subdivision known as Baylake Pi.es and Baylake Beach. Voting: 11-0 Council Members Voting Aye: John A. Baum, F. Reid Ervin, George R. Ferrell, Barbara M. Henley, Clarence A. Holland, J. Henry McCoy, Jr., Donald W. Merrick, Meyera E. Oberndorf, J, Curtis Payne, Roger L. Riggs and Patrick L. Standing Council Members Voting Nay: None Council Members Absent: None - 20 - (ITEM 11-G.2) ITEM #13633 On motion by Councilman Baum, seconded by Vice Mayor McCoy, City Council voted to APPROVE the Raffle Permit of the Little Neck Garden Club. Voting: 11-0 Council Members Voting Aye: John A. Baum, F. Reid Ervin, George R. Ferrell, Barbara M. Henley, Clarence A. Holland, J. Henry McCoy, Jr., Donald W. Merrick, Meyera E. Oberndorf, J, Curtis Payne, Roger L. Riggs and Patrick L. Standing Council Members Voting Nay: None Council Members Absent: None - 2 1 - (ITEM II-H.1) ITEM #13634 PLANNING AGENDA Attorney James Pickrell appeared in behalf of the applicant. The following appeared in opposition: Mrs. Florence Stout, President, Witchduck Civic League Mrs. June Myers, resident in the area On motion by Councilman Holland, seconded by Vice Mayor McCoy, City Council voted to uphold the recommendation of the Planning Commission and the City Manager and DENY the following application of Daniel and Lucy Cristofano for a Change of Zoning District Classification from R-1 Residential District to R-3 Residential District : Ordinance upon application of Daniel and Lucy Cristofano for a Change of Zoning District Classification from R-1 Residential District to R-3 Residential District on certain pro- perty located at the Southeast intersection of North Witchduck Road and Richardson Road, running a distance of 803. 45 feet along the South side of Richardson Road, running a distance of 48.04 feet in a Southwesterly direction, run- ning a distance of 780.01 feet in a Southerly direction, running a distance of 692.15 feet in a Southwesterly direction, running a distance of 1402 feet more or less in a Northwesterly direction and running a distance of 698. 45 feet along the East side of North Witchduck Road. Said parcel contains 30.2 acres. BAYSIDE BOROUGH. 2 2- Voting: 11-0 Council Members Voting Aye: (for denial) John A. Baum, F. Reid Ervin, George R. Ferrell, Barbara M. Henley, Clarence A. Holland, J. Henry McCoy, Jr., Donald W. Merrick, Meyera E. Oberndorf, J, Curtis Payne, Roger L. Riggs and Patrick L. Standing Council Members Voting Nay: None Council Members Absent: None The application was denied as it was felt the proposed zoning is incompatible with the overall development pattern and character of the surrounding area. 4/ 2 3/ 7 9 - 2 3- (ITEM II-H.2) ITEM #13635 Mr. Richard Bell appeared in behalf of the applicant The following appeared in opposition: Atto rney Thomas Bet z represent ing five residents on Horseshoe Bend Road Richard Baird, President of Lake Shores Civic League Ira White, resident, 1924 Horseshoe Bend Mike Mitchell, resident living across the street from the proposed site. On motion by Councilman Holland, seconded by Councilman Merrick, City Council voted to uphold the recommendation of the Planning Commission and the City Manager and DENY the application of K. C. Christopoulos for a Change of Zoning District Classification from R-3 Residential District to R-5 Residential District: Ordinance upon application of K. G. Christopoulos for a Change of Zoning District Classification from R-3 Residential District to R-5 Residential District on certain property located on the North side of Horseshoe Bend beginning at a point 320 feet East of Jackfrost Road, running a distance of 115 feet along the North side of Horseshoe Bend, running a distance of 377.22 feet in a Northeasterly direction, running a distance of 350 feet in a Northwesterly direction, running a distance of 85 feet in a Westerly direction, running a distance of 330 feet in a Southwesterly direction, running a distance of 195 feet in a Southerly direction and running a distance of 120 feet in a Southeasterly direction. Said parcel contains 3 acres more or less. BAYSIDE BOROUGH. 2 4- Voting: 11-0 Council Members Voting Aye: (for denial) John A. Baum, F. Reid Ervin, George R. Ferrell, Barbara M. Henley, Clarence A. Holland, J. Henry McCoy, Jr., Donald W. Merrick, Meyera E. Oberndorf, J, Curtis Payne, Roger L. Riggs and Patrick L. Standing Council Members Voting Nay: None Council Members Absent: None The application was denied as it was felt the proposed request is incompatible with the character of the area. - 2 5- (ITEM II-H.2) ITEM #13636 Mr. Richard Bell appeared in behalf of the applicant. The following appeared in opposition: Attorney Thomas Betz, representing five residents on Horseshoe Bend Road Mr. Richard Baird, President of Lake Shores Civic League Mr. Ira White, resident, 1924 Horseshoe Bend Road Mr. Mike Mitchell, resident living across street from proposed site Upon motion by Councilman Holland, seconded by Councilman Merrick, City Council voted to uphold the recommendations of the Planning Commission and the City Manager and DENY the following application of K. G. Christopoulos for a Conditional Use Permit for a home for the aged: Ordinance upon application of K. G. Christopoulos for a Conditional Use Permit for a home for adults on certain property located on the North side of Horseshoe Bend Road beginning at a point 320 feet East of Jack Frost Road, running a distance of 115 feet along the North side of Horseshoe Berid Road, running a distance of 377.22 feet in a Northeasterly direction, running a distance of 350 feet in a Northwesterly direction, running a distance of 85 feet in a Westerly direction, running a distance of 330 feet in a Southwesterly direction, running a distance of 195 feet in a Southerly direction and runnng a distance of 120 feet in a Southeasterly direction. Said parcel contains 3 acres more or less. BAYSIDE BOROUGH. 2 6- Voting: 11-0 Council Members Voting Aye: (for denial) John A. Baum, F. Reid Ervin, George R. Ferrell, Barbara M. Henley, Clarence A. Holland, J. Henry McCoy, Jr., Donald W. Merrick, Meyera E. Oberndorf, J, Curtis Payne, Roger L. Riggs and Patrick L. Standing Council Members Voting Nay: None Council Members Absent: None This was denied as it was felt the proposed request is incompatible with the character of the area. - 2 7 - (ITEM II-H.3) ITEM #13637 Attorney Thomas C. Brayles appeared in behalf of the applicant Upon motion by Councilman Riggs, seconded by Councilman Ervin, City Council voted to uphold the recommendations of the Planning Commission and the City Manager and APPROVE the following Ordinance upon application of Stephen C. Baugh for a Change of Zoning District Classification from R-6 Residential District to A-2 Apartment District: ORDINANCE UPON APPLICATION OF STEPHEN Z0479425 C. BAUGH FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM R-6 RESI- DENTIAL DISTRICT TO A-2 APARTMENT DISTRICT BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: Ordinance upon application of Stephen C. Baugh for a Change of Zoning District Classification from R-6 Residential District to A-2 Apartment District on certain property located on the East side of Holly Road beginning at a point 510 feet more or less North of Linkhorn Drive, running a distance of 105 feet along the East side of Holly Road, running a distance of 150 feet along the Northern property line, running a distance of 105 feet along the Eastern property line and running a distance of 150 feet along the Southern property line. Said parcel contains .36 acre. Approval is further subject to the following con- ditions in conjunction with the intended use of the land: 1. Standard improvements as required by the Site Plan Ordinance and Subdivision Ordinance. 2. City water and sewer. 3. Rigbt-of-way improvements will be necessary along Holly Road; this includes pavement widening, curb and gutter, sidewalk, drainage facilities and street lights. - 2 8- 4. The necessary off-site drainage easements and improvements will be required to provide drainage for this site. 5. A dedication of right-of-way 25 feet from the centerline of the existing 30 foot right-of-way along the 376. 50 foot frontage on Holly Road (a 10-foot dedication). 6. A 15-foot landscaped buffer along Holly Road. This Ordinance shall be effective from date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty-Third day of April, 1979. Voting: 11-0 Council Members Voting Aye: John A. Baum, F. Reid Ervin, George R. Ferrell, Barbara M. Henley, Clarence A. Holland, J. Henry McCoy, Jr., Donald W. Merrick, Meyera E. Oberndorf, J, Curtis Payne, Roger L. Riggs and Patrick L. Standing Council Members Voting Nay: None Council Members Absent: None - 2 9- (ITEM II-H. 3a) ITEM #13638 Attorney Thomas C. Broyles appeared i. behalf of the applicant On motion by Councilman RiggS, seconded by Councilman Ervin, City Council voted to uphold the recommendation of the Planning Commission and the City Manager and APPROVE the following Ordinance upon application of Stephen C. Baugh for a Change of Zoning District Classification from H-2 Resort-Hotel District to A-2 Apartment District ORDINANCE UPON APPLICATION OF Z0479426 STEPHEN C. BAUGH FOR A CHANGE OF ZONING DISTRICT CLASSIFI- CATION FROM H-2 RESORT-HOTEL DTSTRICT TO A-2 APARTMENT DISTRICT BE IT ORDAINED BY THE COUNCTL OF THE CITY OF VIRGTNIA BEACH, VIRGINIA: Ordinance upon application of Stephen C. Baugh for a Change of Zoning District Classification from H-2 Resort-Hotel District to A-2 Apartment District on certain property located on the East side of Holly Road beginning at a point 615 feet North of Linkhorn Drive, running a distance of 271.50 feet along the East side of Holly Road, running a distance of 89. 57 f eet in an Easterly direction, running a distance of 154.97 feet in a Northeasterly direction, running a distance of 407.63 feet along the Northern property line, running a distance of 376.50 feet along the Eastern property line and running a distance of 604.47 feet along the Southern property line. Said parcel contains 4.91 acres. VIRGINIA BEACH BOROUGH. Approval is subject to the following conditions in conjunction with the intended use of the land: 1. Standard improvements as required by the Site Plan and Subdivision Ordinances. 2. City water and sewer. 3. Right-of-way improvements will be necessary along Holly Road; this includes pavement widening, curb and gutter, sidewalk, drainage facilities and street lights. - 30 - 4. The necessary off-site drainage easements and improvements will be required to provide drainage for this site. 5. A dedication of right-of-way 25 feet from the centerline of the existing 30-foot right-of-way along the 376.50 foot frontage on Holly Road (a 10-foot dedication). 6. A 15-foot landscaped buffer along Holly Road. This Ordinance shall be effective from date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty-Third day of April, 1979. Voting: 11-0 Council Members Voting Aye: John A. Baum, F. Reid Ervin, George R. Ferrell, Barbara M. Henley, Clarence A. Holland, J. Henry McCoy, Jr., Donald W. Merrick, Meyera E. Oberndorf, J, Curtis Payne, Roger L. Riggs and Patrick L. Standing Council Members Voting Nay: None Council Members Absent: None - 3 1 - (ITEM II-H.4) ITEM #13639 On motion by Councilman Riggs, seconded by Councilman Ervin, City Council voted to uphold the recommendation of the Planning Commission and the City Manager and permit WITHDRAWAL of the following application of Thomas L. Harp, t/a The Golden Harp, for a Conditional Use Permit for antique and gift sales and furniture refinishing: Ordinance upon application of Thomas L. Harp, t/a The Golden Harp for a Conditional Use Permit for antique and gift sales and furniture refinishing on certain property located on the South side of Virginia Beach Boulevard beginning at a point 150 feet West of Mediterranean Avenue, running a distance of 50 feet along the South side of Virginia Beach Boulevard, running a distance of 140 feet along the Western property line, running a distance of 50 feet along the Southern property line and running a distance of 140 feet along the Eastern property line. Said parcel contains 7000 square feet. VIRGINIA BEACH BOROUGH. Voting: 11-0 Council Members Voting Aye: (for withdrawal) John A. Baum, F. Reid Ervin, George R. Ferrell, Barbara M. Henley, Clarence A. Holland, J. Henry McCoy, Jr., Donald W. Merrick, Meyera E. Oberndorf, J, Curtis Payne, Roger L. Riggs and Patrick L. Standing Council Members Voting Nay: None Council Members Absent: None - 3 2- (ITEM II-H.5) ITEM #13640 Attorney Frank E. Butler appeared in behalf of the applicant The following appeared in opposition: Mr. Thomas Kay Mr. B. H. Bridges, President, Virginia Beach Beautification Commission After considerable discussion, Vice Mayor McCoy made a motion, to approve the application of Helen L. Foos for a Conditional Use Permit for a 24'x8' billboard. THERE BEING NO SECOND, THE MOTION WAS LOST. Upon motion by Councilman Ervin, seconded by Councilwoman Oberndorf, City Council voted to uphold the recommendation of the Planning Commission and DENY the following application of Helen L. Foos for a Conditional Use Permit for a 24'x8' billboard: Ordinance upon application of Helen L. Foos for a Conditional Use Permit for a 24'x8' billboard on certain property located on the South side of Virginia Beach Boulevard beginning at a point 1433 feet West of Kentucky Avenue, running a distance of 69.8 feet along the South side of Virginia Beach Boulevard, running a distance of 200 feet along the Western property line, running a d istance of 69. 8 f eet along the Southern property line and running a distance of 200 feet along the Eastern property line. Said parcel contains .32 acre. KEMPSVILLE BOROUGH. 3 3 - Voting: I 0 - I Council Members Voting Aye: (for denial) John A. Baum, F. Reid Ervin, George R. Ferrell, Barbara M. Henley, Clarence A. Holland, Donald W. Merrick, Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, and Patrick L. Standing Council Members Voting Nay: Vice Mayor J. Henry McCoy, Jr. Council Members Absent: none Tbis request was denied as it was felt the requested use is incompatible with the surrounding area. - 3 4- (ITEM II-I.l.a) ITEM #13641 ORDINANCES AN ORDINANCE TO AMEND AND REORDAIN SECTTON 8.3 OF THE SUBDIVTSION ORDINANCE OF THE CITY OF VIRGINIA BEACH RELATING TO SUBDIVISION VARIANCE FEES BE TT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Section 8.3 of the Subdivision Ordinance is amended and reordained as follows: 8.3 Subdivision Variance Fees. Any appeal for a variance shall be accompanied by a fee of 42;vGO $75.00 to cover the cost of publication of notice of public hearing and processing. Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty-Third day of April, 1979. - 3 5- On motion by Councilwoman Oberndorf, seconded by Councilman Baum, City Council voted to uphold the recommendation of the Planning Commission and the City Manager and APPROVE the ordinance to amend and reordain Section 8.3 of the Subdivision Ordinance relating to subdivision variance fees. Voting: 11-0 Council Members Voting Aye: John A. Baum, F. Reid Ervin, George R. Ferrell, Barbara M. Henley, Clarence A. Holland, J. Henry McCoy, Jr., Donald W. Merrick, Meyera E. Oberndorf, J, Curtis Payne, Roger L. Riggs and Patrick L. Standing Council Members Voting Nay: None Council Members Absent: None - 3 6 - (ITEM II-I.3.a) ITEM #13642 SECOND READINGS Reverend Barnett K. Thourogood, D. D.,President, Seatack Community Civic League, read the following letter in support of the Beach Maintenance Program, provided certain stipulations are met: The Honorable Patrick L. Standing City Councilmen and City Manager City Municipal Center Virginia Beach, Virginia 23456 Re: Sand Barrow (Seatack CommunitY) Dear Mr. Mayor: The following items are stipulations that the citizens of the Seatack Community wishe to be guaranteed as they pledge their support to the City Manager (Mr. Hanbury), and the City's Erosion Commission for the dredging of a sand burrow and a (Man-made lake), in Seatack: a. Within the period of one year, (1979-1980), the City Manager will purchase land in the vicinity of Seatack that will be feasible for the construction of a recreation center in the Seatack areaj b. That in the space of one year, (1979-1980), the City Manager will have architectural renditions for the site improvements of the sand burrow and the new recreational facilities per planning session with the citizens of the Seatack Community; C. That with the period of 1980-1981, the Construction of the new facilities will commence with on-site and off-site improvements. However, in the event that such criteria are not met, the citizens in Seatack have resolved that they are in total opposition with the entire program. Respectfully submitted, Citizens of Seatack - 3 7- AN ORDINANCE TO APPROPRIATE $500,150 FOR SITE ACQUISITION FOR THE BEACH MAINTENANCE PROGRAM WHEREAS, the Beach Maintenance Program for the present and near f uture s ho uld be one of contin uo us beach nouris hment ; and, WHEREAS, such a Program presently exists with two sources for beach nourishment material: dredging of Thimble Shoals Channel stockpiled at Fort Story and bypassing of Rudee Inlet; and, WHEREAS, the 1979 Erosion Commission's annual truck haul will exhaust the Fort Story stockpile, and the maintenance dredging of the channel to replenish the stockpile is not required in the near future; and, WHEREAS, the search for a new source of supply has considered such factors as location, suitability of the source, availability, and acquisition cost; and, WHEREAS, based on this study, the lowest net cost of suitable material is found in the purchase of two parcels off South Birdneck Road which have a supply duration of twelve (12) years; and, WHEREAS, the "Option to Purchase" these parcels is held for the City by the professional engineering corporation of Langley and McDonald, and the appraised value as determined by an independent Real Estate Appraiser on Parcel 1, owned by Dean S. Potter Estate and consisting of 30.68 acres, is $260,000 in use as a burrow pit and on Parcel 2, owned by A. Stanley Mundy and Company, and consisting of 41.37 acres, is $333,500 in use as a burrow pit; and, WHEREAS, the selling price of Parcel 1, is $200,000 and the selling price of Parcel 2 is $7,250 per acre. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH that $500,150 be appropriated from the General Fund Balance for the purpose of purchasing these parcels off South Birdneck Road for the continuation of the Beach Maintenance Program. Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty-Third day of April, 1979. FIRST READING: April 16, 1979 SECOND READING: April 23, 1979 - 3 8- COUNCILMAN FERRELL LEFT CHAMBERS On motion by Councilman Holland, seconded by Councilman Baum, City Council voted to APPROVE on SECOND READING the above Ordinance to appropriate $500,150 for site acquisition for the Beach Maintenance Program. Votin g : 10-0 Council Members Voting Aye: John A. Baum, F. Reid Ervin, Barbara M. Henley, Clarence A. Holland, J. Henry McCoy, Jr., Donald W. Merrick, Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, and Patrick L. Standing Council Members Voting Nay: None Council Members Absent: George R. Ferrell - 3 9- (ITEM II-I.c.b) ITEM #13643 AN ORDINANCE TO APPROPRIATE FUNDS TO THE CITY JAIL FOR ADDITIONAL FOOD COSTS WHEREAS, Section 53-175 of the Code of Virginia requires the Sheriff's Office to provide for the feeding and care of prisoners confined in jail; and, WHEREAS, the number of prisoners, especially federal prisoners, has been greater than was anticipated for the 1979 Fiscal Year; and, WHEREAS, this increase in prisoners has caused both additional expenses for the City jail and additional revenue received from reimbursement of jail costs; and, WHEREAS, the additional expenses must be borne by the Sheriff's budget and represent an increase of $15,000 in food cost for the remainder of the Fiscal Year. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCTL OF THE CITY OF VIRGINIA BEACH that f unds in the amount of $15, 000 be appropriated from the General Fund Balance to the Correctional Operation's Food Account. Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty-Third day of April, 1979. FIRST READING: April 16, 1979 SECOND READING: April 23, 1979 - 40- On motion by Councilman Holland, seconded by Vice Mayor McCoy, City Council voted to APPROVE ON SECOND READING the above Ordinance to appropriate funds to the City Jail for additional food costs, in the amount of $15,000. Vot ing: 10-0 Council Members Voting Aye: John A. Baum, F. Reid Ervin, Barbara M. Henley, Clarence A. Holland, J. Henry McCoy, Jr., Donald W. Merrick, Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, and Patrick L. Standing Council Members Voting Nay: None Council Members Absent: George R. Ferrell - 41 - (ITEM 11-1.3.c) ITEM #13644 AN ORDINANCE TO APPROPRIATE FUNDS FOR PARKING METERS AT THE SOUTH END OF THE BEACH BOROUGH WHEREAS, there has been extensive street improvements in the South End of the Beach Borough from 13th Street to Rudee Inlet; and, WHEREAS, such improvements have enhanced parking con- ditions in the area and approximately 200 additional parking spaces have been identified; and, WHEREAS, parking meters at $100 per meter are needed for the additional parking spaces, and will facilitate parking; and, WHEREAS, an appropriation of funds at this time will allow these parking meters to be in operation during the summer season. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, that funds in the amount of $20,000 be appropriated from the General Fund Balance to the Department of Public Works, Traffic Operations for the purchase of parking meters for the South End of the Beach Borough. Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty-Third day of April, 1979. FIRST READING: April 16, 1979 SECOND READING: April 23, 1979 - 4 2- COUNCILMAN FERRELL RETURNED TO CHAMBERS On motion by Councilman Payne, seconded by Councilman Baum, City Council voted to APPROVE ON SECOND READING the above Ordinance to appropriate $20,000 for parking meters at the South End of the Beach Borough. Voting: 10-1 Council Members Voting Aye: John A. Baum, F. Reid Ervin, George R. Ferrell, Barbara M. Henley, Clarence A. Holland, J. Henry McCoy, Jr., Donald W. Merrick, Meyera E. Oberndorf, J. Curtis Payne, and Patrick L. Standing Council Members Voting Nay: Roger L. Riggs Council Members Absent: None - 4 3- (ITEM II-1.3.d) ITEM #13645 AN ORDINANCE TO ACCEPT A GRANT TOTALING $2,936 FROM THE VIRGINIA ASSOCIATION OF COMMONWEALTH ATTORNEYS AND TO APPROPRIATE THESE FUNDS BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That a Grant from the Virginia Association of Commonwealth Attorneys (VACA) for the employment of three (3) law interns during the summer of 1979 be accepted and appropriated as follows: Estimated Revenue Local Total From Other Agencies Match Appropriations LAW INTERN PROGRAM $2,766 $170 $2,936 That the appropriations will be financed by $2,755 estimated revenue from the VACA, and a local share of $170 to be transferred from the surplus in the Commonwealth Attorney's Operating Budget. BE IT FURTHER ORDAINED: That the City Manager is hereby authorized to sign the necessary papers to accept this Grant award on behalf of the City. FIRST READING: April 16, 1979 SECOND READING: April 23, 1979 Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty-Third day of April, 1979. - 4 4- Upon motion by Councilman Ervin, seconded by Vice Mayor McCoy, City Council voted to APPROVE ON SECOND READING the above Ordinance to accept a Grant totaling $2, 936 from the Virginia Association of Comnionwealth Attorneys and to appropriate these funds. Voting: 11-0 Council Members Voting Aye: John A. Baum, F. Reid Ervin, George R. Ferrell, Barbara M. Henley, Clarence A. Holland, J. Henry McCoy, Jr., Donald W. Merrick, Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, and Patrick L. Standing Couiicil Members Voting Nay: None Council Members Absent: None - 4 5 - (ITEM II-I.4-A.1a) ITEM #13646 FIRST READINGS Councilman Baum made a motion, seconded by Councilmaii Ferrell, to approve on first reading an Ordinance making appropriations for the Fiscal Year beginning July 1, 1979 and ending June 30, 1980, in the sum of One Hundred Seventy Million, Six Hundred Ninety-Six Thousand, Three Hundred Forty-Eight Dollars ($170,696,348), for OPERATIONS and Fifty Million, Thirty Thousand, Four Hundred Ninety- Six Dollars ($50,030,496), in INTERFUND TRANSFERS and regulating the payment of money out of the City Treasury. Council Holland offered an AMENDMENT to the MAIN MOTION to amend the budget of $30,000 to be added through the Social Services Department for Project Friendship. This is to go with the $31,200 (Project Friendship now receives), and the $25,000 (granted through a Resolution adopted by Council), seconded by Councilman Ervin. (THIS $30,000 IS TO BE SEPARATE FROM TITLE 20.) Councilman Riggs offered an AMENDMENT to the budget for one (1) pay step increase to the Virginia Beach Police Officers and the Virginia Beach Fire Department, effective July 1, 1979, seconded by Vice Mayor McCoy. After considerable discussion, Couricilman Riggs and Vice Mayor McCoy withdrew their motion and second, respectfully. 4/ 2 3/ 7 9 - 4 6- AN ORDINANCE MAKING APPROPRIATIONS FOR THE FISCAL YEAR BEGIN@ING JULY 1, 1979 AND ENDING JUNE 30, 1980, IN THE SUM OF ONE HUNDRED SEVENTY MILLION, SIX HUNDRED NINETY-SIX THOUSAND, THREE HUNDRED FORTY-EIGHT DOLLARS ($170,696,348) FOR OPERATIONS AND FIFTY MILLION, THIRTY THOUSAND, FOUR HUNDRED NINETY-SIX DOLLARS ($50,030,496) IN INTERFUND TRANSFERS AND REGULATING THE PAYMENT OF MONEY OUT OF THE CITY TREASURY. WHEREAS, the City Manager has heretofore submitted to the Council an Annual Budget for the City for the Fiscal Year beginning July 1, 1979, and ending June 30, 1980, and it is necessary to appropriate sufficient funds to cover said budget. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: Section 1. That the amounts named aggregating TWO HUNDRED TWENTY MILLION, SEVEN HUNDRED TWENTY-SIX THOUSAND, EIGHT HUNDRED FORTY-FOUR DOLLARS ($220,726,844), consisting of FIFTY MILLION, THIRTY THOUSAND, FOUR HUNDRED NINETY-SIX DOLLARS ($50,030,496) in interfund transfers and ONE HUNDRED SEVENTY MILLION, SIX HUNDRED NINETY-SIX THOUSAND, THREE HUNDRED FORTY-EIGHT DOLLARS ($170,696,348) for operations or so much thereof as may be necessary as set forth in the Annual Budget for the Fiscal Year 1979-80, submitted by the City Manager on the date of April 2, 1979, are hereby appropriated, subject to the conditions hereafter set forth, for the year 1979-80, for the use of the several departments and specially designated funds of the City Government, and for the purposes hereafter mentioned, as set forth in said Annual Budget, which is hereby incorporated by reference for the Fiscal Year beginning July 1, 1979 and ending June 30, 1980, as follows: Budget Item of Expenditures 1979-1980 GENERAL FUND: Legislative Department: Municipal Council $ 711,659 City Clerk 85,653 Total $ 797,312 Executive Department: City Manager $ 182,361 Public Information Office 1 7 4, 7 8 2 Grants Unit 6 4, 9 6 3 Office of Emergency Services 140,843 Office of Emergency Medical Services 231,962 Total $ 794, 911 4 7- Law Department: City Attorney $ 418,926 Finance Department: Commissioner of the Revenue $ 623,568 Board of Equalization 1 1, 3 30 City Real Estate Assessor 434,674 Treasurer: Administration 1 1 2, 858 operations 3 5 9, 0 9 7 Tax Collections 225,813 Accounting 98,288 Director of Finance: Administration 123,523 Research 83,112 Budget 107,371 Accounting 30 2, 5 5 8 Payroll 74,739 Business License 88,535 Risk Management 95,780 Independent Auditing 40,000 Purchasing 1 2 5, 5 80 Employees' Retirement and Benefits 5,538,500 Total $ 8,445,326 Personnel Department: Administration $ 55,240 Employee Relations 104,983 Testing and Selection 7 8, 140 Wage and Salary 98,660 Total $ 3 3 7, 0 2 3 Judicial Department: Circuit Court $ 2 2 3, 30 0 General District Court 156,735 Juvenile and Domestic Relations Court 62,789 Commitment Hearings 7, 30 0 Commonwealth's Attorney 399,396 Commonwealth's Attorney-Social Services Fraud 39,625 High Constable 164,864 Clerk of the Circuit Court 1 3 9, 5 9 2 Justices of the Peace 5,682 Sheriff's Office 168,875 Correctional Operations: Court Support Services 10 9, 9 6 6 Treatment 253,383 Custodial 916,598 Juvenile Probation: Management and Support 230,165 Intake Unit 1 3 9, 81 9 Diversion Unit 1 1 4, 6 6 8 Field Units 2 7 3, 6 4 8 Total $ 3,406,405 Health Department: Preventive Medicine $ 5 8 6, 70 9 City Physician 1 4 1, 0 9 7 Total $ 727,806 4 8- Social Services tment: Director of Social Services $ 3, 0 93, 9 30 Public Assistance 1, 410, 90 0 Hospitalization 240,000 Total $ 4, 7 4 4, 830 Department of Police: Administration : Chief's Staff $ 290,667 Personnel and Training 168,190 Services Division: Police Records 31 5, 6 5 1 Warrants, Inventory and Evidence Unit 1 90, 7 8 7 Police Identification 261,965 Uniform Division: Auxiliary Police 22,043 Patrol and Administrative Support 3, 9 30, 5 9 7 SPOT 1,157,214 Communications Division 1,049,787 Investigative Division 1, 7 7 7, 9 7 2 Animal Control 375,461 Medical Examiner 4,500 Total $ 9,544,834 Department of Public Works: Admin istration: Director's Staff $ 139,229 Real Estate Office 179,742 Highway Division: Administration 216,525 Inspections 152,102 Street Construction 91 5, 8 4 2 Street Maintenance 2, 754,619 Drainage Maintenance 811,359 Bridge Maintenance 338,670 Engineering Division: Administration 267,150 Surveying and Mapping 552,019 Drafting 138,915 Waterfront Operations/Inspections 69,457 Special Projects 60, 950 Building Construction 61, 5 9 2 Inspections 232,195 Traffic Engineering Division: Design and Administration 694,100 Traffic Operations 1,144,408 Solid Waste Division: Solid Waste Administration 8 9, 70 0 Refuse Disposal 587,068 Refuse Collection 4,296,344 Sanitation Inspections 1 5 3, 5 5 2 Back Bay Salt Water Project 35,920 Erosion Commission 1, 0 3 5, 1 2 0 Total $ 14,926,578 Parks and Recreation: Director of Parks and Recreation $ 159,635 Parks and Maintenance: Administration 1 1 5, 0 1 5 Construction and Maintenance 1,161,746 Parks and Beaches 696,492 Recreation: Virginia Beach Recreation Center (Kempsville) 477,741 Bow Creek Recreation Center 133,328 Administration 121,666 Adult Activities 297,207 Youth Activities 3 8 7, 4 7 4 Atbletics 256,664 Total $ 3,806,968 4 9- Library Department: Administration 184,638 Branch Libraries: Great Neck Branch Library 127,763 Bayside Branch Library 147,729 Oceanfront Branch Library 123,128 Kempsville Branch Library 129,197 Windsor Woods Branch Library 141,896 Reference Services 243,129 Extension Services 97,396 Special Services 70,524 Technical Services 175,381 Total $ 1,440,781 Planning Department: Management and Support: Administration $ 165,657 Informational Management and Statistical Support 67,920 Drafting 60, 7 1 9 Comprehensive Planning 105,542 Operations 98,434 Total $ 498,272 Department o Agriculture: Administration 57,405 VPI Extension 125,441 Environmental Services 54,378 Total $ 237,224 Department of Economic Development: Administration $ 10 6, 8 7 2 Civic Center 136,669 Tourist Development 1,073,042 Industrial Development 270,463 Convention Development 126,443 Total $ 1,713,489 Department of General Services: Administration: Director of General Services $ 80,214 Employee Safety 5 5, 9 8 3 Building Maintenance: Management and Support 796,197 Electrical 188,842 Heat and Air Conditioning 31 2, 3 60 General Maintenance 742,053 Custodial and Security 874, 5 1 4 Landscape Division: Superintendent of Landscape Services 2 7 6, 6 6 5 Grounds Maintenance 7 60, 0 7 0 Beautification 751,447 Mail Distribution 76,859 Total $ 4,915,204 Boards and Commissions: General Registrar $ 144,984 Zoning Board of Appeals 9, 1 3 6 Arts and Humanities Commission 33,526 Mass Transit Operations 275,000 Wetlands Board of Virginia Beach 4,300 Mosquito Control Commission 606,263 Total $ 1, 0 7 3, 20 9 5 0 - Insurance: Insurance $ 762,000 Fire Department: Administration $ 176,230 Fire Prevention 374,882 Fire Suppression 3, 60 6, 100 Training 146,820 Forestry 6,450 Total $ 4,310,482 Department of Data Processing: Director's Office $ 163,616 Operations: Technical Support 179,300 Computer Operations 953,818 Data Entry 126,969 Quality Control 53,817 Central Files 115,778 Systems and Programming: Analysis 1 95, 9 6 3 Design 149,667 Programming 179,968 Total $ 2, 11 8, 8 9 6 Department of Permits and Ins2ections: Administration $ 174,036 Consumer Protection 117,971 Housing Code Enforcement 84,226 Building Inspections 361,056 Zoning Code Enforcement 110, 4 6 3 Total $ 847,752 Department of Mental Health: Board Administration $ 110,645 Comprehensive Mental Health: Program Clinical Administration 199,075 Consultation and Education 9 6, 2 8 2 Outpatient Services 152,247 Adult Day Treatment 1 70, 1 4 3 Emergency Services 137,713 Children's Services 132,477 Mental Retardation/Developmental Disability: Administration/Residential Services 144,281 Adult Activity Center 160, 004 Comprehensive Substance Abuse: Other Drug Services 316,596 Alcohol Services 67,482 Alcohol Safety Action Program 78,983 Total $ 1, 7 6 5, 9 2 8 Traiisfer to Other Funds: $ 46,835,413 Reserve for Contingencies: Regular $ 248,325 Salary Adjustments 1, 7 6 7, 6 90 TOTAL GENERAL FUND $116,485,584 WATER AND SEWER FUND: Department of Public Utilities: Director's Office $ 137,354 Engineering: Engineering Staff 3 6 9, 9 7 8 Drafting 122,300 Inspections 274,187 5 1 - Surveying $ 117,978 Water Production/Resources 45,601 Source of Supply 4, 0 00, 0 00 Water Operations: Water Administration 20 1, 0 84 Water Distribution 1, 30 8, 7 6 4 Water Pump Stations 2 8 7, 5 4 2 Waste Water Operations: Administration 114,875 Sewer Collection 9 9 8, 7 50 Sewer Pump Stations 1,361,715 Customer Services: Administration and Accounting 20 5, 1 3 9 Billing and Collecting 424,268 Customer Relations 242,345 Meter Repair and Installation 666,289 Total $ 10, 8 7 8, 1 6 9 Revenue Bond Debt Service: $ 3, 6 5 8, 0 7 7 Transfer to Other Funds: $ 3,141,083 Reserve for Cont Regular $ 150,000 Salary Adjustment 90,304 TOTAL WATER AND SEWER FUND $ 17,917,633 SCHOOL OPERATING FUND: Department of Education: Administration $ 918,674 Research, Planning and Development 119,211 Instruction 4 3, 9 8 7, 1 6 8 Other Instructional Costs 6,694,396 Attendance and Health 913,292 Pupil Transportation 3,385,828 Operation of School Plant 4,686,579 Maintenance of School Plant 2, 90 1, 6 6 1 Fixed Charges 6,477,522 Summer School 30 5, 90 9 General Adult Education 118,358 Basic Adult Education 167,839 Vocational Adult Education 155,588 Capital Outlay 2 50, 4 5 5 TOTAL EDUCATION $ 71,082,480 LAW LIBRARY FUND: Law Library $ 20,568 PENDLETON CHILD SERVICE CENTER FUND: Pendleton Child Service Center $ 352,191 BOARDWALK TRAINS ENTERPRISE FUND: Boardwalk Trains $ 36,810 Reserve for Contingencies 5,000 TOTAL BOARDWALK TRAINS ENTERPRISE FUND $ 41,810 GOLF COURSES ENTERPRISE FUND: Red Wing Golf Course $ 2 7 3, 9 30 Bow Creek Golf Course 1 8 5, 0 20 Reserve for Contingencies 7, 50 0 TOTAL GOLF COURSES ENTERPRISE FUND $ 466,450 - 5 2- OWL CREEK TENNIS CENTER ENTERPRISE FUND: Owl Creek Municipal Tennis Center $ 15,835 Reserve for Contingencies 3, 000 TOTAL OWL CREEK TENNIS CENTER ENTERPRISE FUND $- 18,835 FARMERS' PRODUCE MARKET ENTERPRISE FUND: Farmers' Produce Market $ 63,446 Reserve for Contingencies 2,554 TOTAL FARMERS' MARKET ENTERPRISE FUND $ 66,000 VIRGINIA BEACH SPECIAL REVENUE FUND: Transfer to Other Funds $ 54,000 SIX BOROUGH SCHOOL DEBT FUND: Debt Service $ 332,151 BAYSIDE AND KEMPSVILLE BOROUGHS SCHOOL DEBT FUND: Debt Service $ 1 0, 2 7 6 GENERAL DEBT FUND: Debt Service $ 13,624,866 VIRGINIA BEACH BOROUGH GENERAL DEBT FUND: Debt Service $ 5 4, 0 00 GENERAL CAPITAL PROJECTS FUND: Transmission and Distribution $ 200,000 TOTAL BUDGET $ 20 0, 7 2 6, 8 4 4 Less; Interfund Transfers 50,030,496 NET BUDGET $ 1 70, 6 9 6, 3 4 8 Section 2. Subject to the provisions of Chapter 2, Article III, of the Virginia Beach City Code, the salaries and wages set forth in detail in said Annual Budget, are hereby authorized and fixed as the maximum compensation to be paid for services rendered. The total of positions, shall be the maximum number of positions authorized for the various departments of the City during said Fiscal Year except changes or additions authorized by the Council and as hereinafter provided. The City Manager may from time to time increase or decrease the number of temporary positions provided the aggregate amount expended for such services shall not exceed the respective appropriations made therefor. The City Manager is authorized to make such rearrangements of positions - 5 3- within and between Bureaus, Divisions, and Departments named herein, as may best meet the uses and interests of the City. Section 3. All collections of delinquent City taxes shall be credited to the General Fund of the City by the Treasurer. Section 4. All collections of local taxes levied shall be credited to the General Fund of the City. Transfers shall be made from the General Fund to the respective specially designated funds for which a levy is made in the respective amounts levied for each such spec ially des ignated fund. Section 5. All tax abatements and tax supplements dated subsequent to June 1, 1980, for the FY 1980 tax year shall accrue to the General Fund of the City. Section 6. All balances of the appropriations payable out of each fund of the City Treasury unencumbered at the close of business on the Thirtieth (30th) day of June, 1980, except, as otherwise provided for, are hereby declared to be lapsed into the surplus of the respective funds, except School Operating Funds which shall lapse into the General Fund Surplus, and shall be used for the payment of the appropriations which may be made in the appropriation Ordinance for the Fiscal Year beginning July 1, 1980. Section 7. No Department or Agency receiving appropriations under the provisions of this Ordinance shall exceed the amount of its or his appropriations except with consent and approval of the City Council first being obtained, but it is expressly provided that the restrictions with respect to the expenditure of the funds appropriated shall apply only to the totals for each Department or Agency included in this Ordinance. The City Manager is hereby authorized to approve transfers for appropriations within any Department or between Departments in an amount not to exceed $10,000 in any single transaction, and further, he is authorized to approve transfers and expenditures from the Reserve for Contingencies in an amount not to exceed $10,000 in any single transaction. The City Manager may limit expenditures - 5 4- to classes of appropriations as set forth in the Budget Document. In addition, the City Manager may transfer appropriations from Reserve for Contingencies, as necessary, for across-the-board salary increases approved by City Council. Section 8. Nothing in this Section shall be construed as authorizing any reduction to be made in the amount appropriated in this Ordinance for the payment of interest or Bonds on the bonded debt of the City Government or the former political subdivisions of Virginia Beach and Princess Anne County. Section 9. Allowances out of any of the appropriations made in this Ordinance by any or all of the City Departments, Bureaus or Agencies, or any of their officers and employees for expenses on account of the use by such officers and employees of their personal automobiles in the discharge of their official duties shall not exceed fifteen cents (15cts) per mile of actual travel. Section 10. All traveling expense accounts shall be submitted on forms approved by the Director of Finance and according to regulations approved by the City Council. Each account shall show the dates expenses were incurred or paid; number of miles traveled; method of travel; hotel expenses; meals and incidental expenses. The Director of Finance is specifically directed to withhold the issuance of checks in payment of expense accounts submitted for "lump-sum" amounts, except in tbe case of Council Members and employees of the School Board. Section 11. That this Ordinance shall be in effect from and after the date of its adoption. Section 12. That if any Part or Parts, Section or Sections, Sentences, Clause or Phrase of this Ordinance is for any reason declared to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portions of this Ordinance. FIRST READING: April 23, 1979 SECOND READING: Adopted by the Council of the City of Virginia Beach, Virginia, on the day of I 1 9 7 9. - 5 5- THE RECORDED VOTE ON THE AMENDMENT TO THE MAIN MOTION (TO AMEND THE PROPOSED BUDGET TO INCLUDE PROJECT FRIENDSHIP IN THE AMOUNT OF $30,000): First Reading Voting: 8-3 Council Members Voting Aye: (for amendment) John A. Baum, F. Reid Ervin, Barbara M. Henley, Clarence A. Holland, Donald W. Merrick, Meyera E. Oberndorf, J. Curtis Payne, and Roger L. Riggs. Council Members Voting Nay: George R. Ferrell, J. Henry McCoy, Jr., and Patrick L. Standing Council Members Absent: None - 5 6 - THE RECORDED VOTE ON THE MAIN MOTION TO APPROVE THE PROPOSED BUDGET IN THE AMOUNT OF $1 70, 6 96, 348 f or Operat ions and $50, 0 30, 496 f or Interfund Transfers is as follows: First Reading Voting: 11-0 Council Members Voting Aye: John A. Baum, F. Reid Ervin, George R. Ferrell, Barbara M. Henley, Clarence A. Holland, J. Henry McCoy, Jr., Donald W. Merrick, Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, and Patrick L. Standing Council Members Voting Nay: None Council Members Absent: None - 5 7 - (ITEM II-I.4-A.1b) ITEM #13647 AN ORDINANCE ESTABLISHING THE TAX LEVY ON REAL ESTATE FOR TAX FISCAL YEAR 1980 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: Section 1. AMOUNT OF LEVY ON REAL ESTATE. There shall be levied and collected for Fiscal Year 1980 taxes for general purposes on all real estate, not exempt from taxation and not otherwise provided for in this Ordinance, on each One Hundred Dollars ($100), of assessed valuation thereof, based on the following rates: General Six Borough Total Rate Borough Government School Debt FY 1980 Bayside $ . 7 3 $ .01 $ . 7 4 Blackwater .73 .01 .74 Kempsville .73 .01 .74 Lynnhaven .73 .01 .74 Princess Anne .73 .01 .74 Pungo .73 .01 .74 Virginia Beach . 7 3 -- . 7 3 The real property tax rates which have been prescribed in this Section shall be applied on the basis of one hundred percentum of the fair market value of such real property except for public service real property which shall be on the basis as provided in Section 58-512.1 of the Code of Virginia, as amended. Section 2. AMOUNT OF LEVY ON UNEQUALIZED PUBLIC SERVICE REAL ESTATE AS PROVIDED FOR IN SECTION 58-512.1 OF THE CODE OF VIRGINIA (1950), AS AMENDED. There shall be levied and collected for general purposes for Fiscal Year 1980 on all Public Service Real Property, which has not been equalized as provided for in Section 58-512.1, of the Code - 5 8- of Virginia (1950), as amended, on e@,-h one Hundred Dollars ($100), of assessed valuation thereof based on the following rates in accordance with Section 58.514.2 of the Code of Virginia (1950), as amended: General Six Borough Total Rate Borough Government School Debt FY 1980 Bayside $ 1.83 $ .03 $ 1.86 Blackwater 1.83 .03 1.86 Kempsville 1.83 .03 1.86 Lynnhaven 1.83 .03 1.86 princess Anne 1.83 .03 1.86 Pungo 1 . 8 3 . 0 3 1 . 8 6 Virginia Beach I . 8 3 -- I . 8 3 The real property tax rates imposed in this Section shall be applied on the basis of forty percentum of fair market value of such real property. Section 3. AMOUNT OF LEVY ON "CERTIFIED POLLUTION CONTROL EQUIPMENT AND FACILITIES" CLASSIFIED AS REAL ESTATE. There shall be levied and collected for general purposes for Fiscal Year 1980 taxes on all real estate certified by the Commonwealth of Virginia as "Pollution Control Equipment and Facilities" not exempt from taxation on each One hundred Dollars (100), of assessed valuation thereof, based on the following rates: General Six Borough Total Rate Borough Government School Debt FY 1980 Bayside $ .73 $ .01 $ .74 Blackwater .73 .01 .74 Kempsville .73 .01 .74 Lynnhaven .73 .01 .74 Princess Anne .73 .01 .74 Pungo .73 .01 .74 Virginia Beach . 7 3 -- . 7 3 - 5 9- The real property tax rates imposed in this Section shall be applied on the basis of one hundred percentum of fair market value of such real property. Section 4. CONSTITUTIONALITY. That if any Part or Parts, Section or Sections, Sentences, Clause or Phrase of this Ordinance is for any reason declared unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this Ordinance. Section 5 EFFECTIVE DATE. This Ordinance shall be in effect from and after the date of its adoption. FIRST READING: April 23, 1979 SECOND READING: Adopted by the Council of the City of Virginia Beach, Virginia, on the day of I 1 9 7 9. - 60- On motion by Vice Mayor McCoy, seconded by Mayor Standing, City Council voted to APPROVE on FIRST READING the above ordinance establishiiig the tax levy on real estate for tax FY 1980. Voting: 11-0 Council Members Voting Aye: John A. Baum, F. Reid Ervin, George R. Ferrell, Barbara M. Henley, Clarence A. Holland, J. Henry McCoy, Jr., Donald W. Merrick, Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, and Patrick L. Standing Council Members Voting Nay: None Council Members Absent: None - 6 1 - (ITEM II-I.4-A.1c) ITEM #13648 AN ORDINANCE ESTABLISHING THE TAX LEVY ON PERSONAL PROPERTY AND MACHINERY AND TOOLS FOR THE CALENDAR YEAR 1980. BE IT ORDAINED By THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: Section 1. AMOUNT OF LEVY ON TANGIBLE PERSONAL PROPERTY. There shall be levied and collected for general purposes for the 1980 calendar year taxes on all tangible personal property, not exempt from taxation and not otherwise provided for in this Ordinance, at the rate of Six Dollars ($6), on each One Hundred Dollars ($100), of assessed valuation thereof. The rate imposed by this Section shall be applied on the basis of 45% of the fair market value of such personal property. Section 2. AMOUNT OF LEVY ON CERTAIN VEHICLES CLASSIFIED AS PERSONAL PROPERTY USED AS MOBILE HOMES OR OFFICES. There shall be levied and collected for general purposes for the calendar year 1980 taxes on all vehicles without motor power as defined in Section 36-71 of the Code of Virginia (1950), as amended, used or designated to be used as mobile homes or offices or for other means of habitation by any person, on each One Hundred Dollars ($100), of assessed valuation thereof, based on the following tax rates: Borough Total Rate 1980 Bayside $ .74 Blackwater .74 Kempsville .74 Lynnhaven .74 Princess Anne .74 Pungo 7 4 Virginia Beach 7 3 - 6 2- The personal property rates which have been prescribed in this Section shall be applied on the basis of one hundred percentum of the fair market value of such personal property. Section 3. AMOUNT OF LEVY ON ALL BOATS OR WATERCRAFT UNDER FIVE TONS BURTHEN USED FOR BUSINESS OR PLEASURE. There shall be levied and collected for the calendar year 1980 for general purposes taxes on all boats or water craft under five tons burthen used for business or pleasure, at the rate of Six Dollars ($6), on each One Hundred Dollars ($100), of assessed valuation thereof. The rate imposed by this Section shall be on the basis of forty-five percentum of the fair market value of sucb personal property. Section 4. AMOUNT OF LEVY ON "CERTIFIED POLLUTION CONTROL EQUIPMENT AND FACILITLES" CLASSIFIED AS TANGIBLE PERSONAL PROPERTY. There shall be levied and collected for the calendar year 1980 for general purposes taxes on all tangible personal property certified by the Commonwealth of Virginia as "Pollution Control Equipment and Facilities" not exempt from taxation, at the rate of Six Dollars ($6), on each One Hundred Dollars ($100), of assessed valuation thereof. The rate imposed by this Section shall be applied on the basis of 45% of the fair market value of such personal property. Section 5. AMOUNT OF LEVY ON FARM MACHINERY AND IMPLEMENTS, FARM TOOLS, AND FARM LIVESTOCK, INCLUDING ALL HORSES, POULTRY, AND GRAINS AND FEEDS USED FOR THE NURTURE OF FARM LIVESTOCK AND POULTRY. There shall be levied and collected for general purposes for the 1980 calendar year, taxes on all farm machinery and implements, farm tools, and farm livestock, including all horses, poultry, and grains and feeds used for the nurture of farm livestock and poultry, not exempt from taxation, at the rate of One Dollar ($l), on each One Hundred Dollars ($100), of assessed valuation thereof. The rate imposed by this Section shall be applied on the basis of 45% of the fair market value of such personal property. - 6 3 - Section 6. AMOUNT OF LEVY ON MACHINERY AND TOOLS. There shall be levied and collected for the calendar year 1980 for general purposes taxes on machinery and tools, not exempt from taxation, at the rate of One Dollar ($l), on each One Hundred Dollars ($100), of assessed valuation thereof. The tax imposed by this Section shall be applied on the basis of 45% of the fair market value of such machinery and tools. Section 7. CONSTITUTIONALITY. That if any Part or Parts, Section or Sections, Sentences, Clause or Phrase of this Ordinance is for any reason declared to be uncons tit utional or invalid, such de c is ion s hall not af f ec t the validity of the remaining portions of this Ordinance. Section 8. EFFECTIVE DATE. This Ordinance shall be in effect January 1, 1980. FIRST READING: April 23, 1979 SECOND READING: Adopted by the Council of the City of Virginia Beach, Virginia, on the day of -1 1 9 7 9. - 6 4- On motion by Councilman Ferrell, seconded by Councilman Ervin, City Council voted to APPROVE on FIRST READING the Ordinance establishing the tax levy on personal property and machinery and tools for the calendar year 1980. Voting: 11-0 Council Members VotiTig Aye: John A. Baum, F. Reid Ervin, George R. Ferrell, Barbara M. Henley, Clarence A. Holland, J. Henry McCoy, Jr., Donald W. Merrick, Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, and Patrick L. Standing Council Members Voting Nay: None Council Members Absent: None - 6 5- (ITEM II-I.4-A.1d) ITEM #13649 AN ORDINANCE TO AMEND AND REORDAIN CHAPTER 21 OF THE CODE OF THE CITY OF VIRGINIA BEACH, VIRGINIA, RELATING TO MOSQUITO CONTROL DLSTRICTS BE IT ORDAINED By THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: ARTICLE I. IN GENERAL Section 21-1. Annual special tax levy. This Section is hereby repealed. Section 21.2. Mosquito Control Commissions. Each Mosquito Control District provided for in Sections 21-3, 21-4 and 21-5 shall have, as provided by State Law, a Mosquito Control Commission of three (3) members, one of whom shall be the State Health Commissioner or such deputy as he may from time to time designate. The terms of Commission Members, other than the State Health Commissioner or his deputy, shall be for four (4) years each and such members shall continue to serve after the expiration of their terms until their successors have been duly appointed and qualified. Vacancies shall be filled by the City Council. Section 21-3. Kempsville Bayside Mosquito Control District. The Kempsville Bayside Mosquito Control District shall include all of the area within the Boroughs of Bayside and Kempsville. Section 21-4. Virginia Beach Lynnhaven Mosquito Control District. The Virginia Beach - Lynnhaven Mosquito Control District shall include all of the area within the Boroughs of Virginia Beach and Lynnhaven. Section 21-5. Princess Anne - Pungo Blackwater Mosquito Control District. The Princess Anne - Pungo Blackwater Mosquito Control District shall include all of the area within the Boroughs of Princess Anne, Pungo and Blackwater. Section 21-6. Tax Rates. This Section is hereby repealed. 6 6 - FIRST READING: April 23, 1979 SECOND READING: This Ordinance shall be effective July 1, 1979. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of I 1 9 7 9. Note: For State Law as to Mosquito Control Districts see Code of Virginia, Sections 32-379 to 32-387. For Charter provisions as to power of City with reference to grounds subject to be covered by stagnant waters, see Code of Virginia, Section 15.1-867, adopted by Charter Section 2.01. - 6 7 - On motion by Councilman Payne, seconded by Councilman Holland, City Council voted to APPROVE on FIRST READING the Ordinance to amend and reordain Chapter 21 of the Code of the City of Virginia Beach relating to Mosquito Control Districts. Voting: 11-0 Council Members Voting Aye: John A. Baum, F. Reid Ervin, George R. Ferrell, Barbara M. Henley, Clarence A. Holland, J. Henry McCoy, Jr., Donald W. Merrick, Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, and Patrick L. Standing Council Members Voting Nay: None Council Members Absent: None - 6 8- (ITEM II-I.4-A.2a) ITEM #13650 AN ORDINANCE AUTHORIZING THE ISSUANCE OF PUBLIC IMPROVEMENT BONDS OF THE CITY OF VIRGINIA BEACH, VIRGINIA, IN THE MAXIMUM AMOUNT OF $16,800,000 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. It is hereby determined to be necessary and expedient for the City of Virginia Beach to construct and improve various public facilities and improvements, all of which will promote the development and public welfare of the City, and to borrow money for such purposes and issue the City's General Obligation Bonds therefor. 2. Pursuant to the authority of the Charter of the City of Virginia Beach (Chapter 147, Acts of Assembly of 1962, as amended) and the Public Finance Act, as amended, there are hereby authorized to be issued Public Improvement Bonds of the City of Virginia Beach in the maximum amount of Sixteen Million Eight Hundred Thousand Dollars ($16,800,000), to provide funds, together with other funds that may be available, for the following purposes: Planning, site acquisition and improvements, construction, enlargements, renovation and equipping of school facilities $ 5,085,959 Improvements and extensions to streets and highways, including right-of-way acquisition 1, 86 8, 6 81 Construction and improvements of surface drainage facilities and dredging 219,892 Planning, site acquisition and improvements, construction, enlargements, renovation and equipping of municipal buildings, including arts and conference center, refuse facility central heating plant, city garage Coast Guard station and operations building 8,636,396 Development of new parks, improvements at existing parks and renovation of community center 989,072 Total $16,800,000 Any amounts not needed for any of such purposes may be used for any other of such purposes.