HomeMy WebLinkAboutJANUARY 8, 1979
CITY OF VIRGINII BEICI
MUNICIPAL CENTER
ifity- VIRGINIA BEACH, VIRGINIA 23456
MAYOR PATRICK L. STANDING, A, L.,g, CLARENCE A. HOLLAND, M.D., B.y,id@ B.,..gb
VICEMAYOR]. HENRYM,COY JR., D.D.S., K..p,,ill, B@,..gb DONALD W. MERRICK, Ly@.b.-@ B ... @gb
JOHN A. BAUM, BI.,k..t@, B.-.gh MEYERA E. OBERNDORF, At L.,g@
F. REID ERVIN, A, L.,g@ J. CURTIS PAYNE, A.@@ B.,@.gh
GEORGE R. FERRELL, A, L.,g, ROGER I,. R[GGS, Vigi@i. B@.,b B.,..gb
BARBARA M. HENLEY, P-g. B.,..gb RUTH HODGES SMITH, Cily Cl@,k
CITY COUNCIL AGENDA
ITEM I INFORMAL SESSION: Monday, 8 January 1979 1:00 P.M.
A. CALL TO ORDER - Mayor Patrick L. Standing.
B. ROLL CALL OF COUNCIL MEMBERS
C. MOTION TO RECESS to Informal and Executive Sessions.
ITEM II FORMAL SESSION: Monday, 8 January 1979 2:00 p.m.
A. INVOCATION - Reverend Father Paul Gaughan
Star of the Sea Catholic Church
304 Fourteenth Street
Virginia Beach, Virginia 23451
B. PLEDGE OF ALLEGIANCE
ITEM III ROLL CALL OF THE COUNCIL MEMBERS
ITEM IV MINUTES OF THE REGULAR MEETING:
A. Motion to accept and approve the minutes of December 18, 1978.
ITEM V CONSENT AGENDA ITEMS
(All matters listed under the Consent Ageiida are considered to be routine
by the City Council and will be enacted by one motion in the form listed.
There will be no separate discussion of these items. If discussion is
desired, that item will be removed from the Consent Agenda and considered
separately.)
A. Letter from the City Manager recommending that City Council accept the
low bid of A. Stanley Mundy and Company, Inc., in the amount of $31,675,
and author'lze the City Manager to enter into the necessary agreements
to implement the project. (Project: to install a 24" waterline from
Birdneck Road to Atlantic Avenue along Virginia Beach Boulevard.)
B. Letter from the City Manager recommending that City Council approve an
ordinance to authorize acquisition of property in fee simple for right-
of-way for Virginia Beach Boulevard Phase T (2-412) and the acquisition
of temporary and permanent easements of right-of-way, either by agree-
ment or by condemnation.
C. Letter from the City Manager recommending that City Council approve the
following requests for Bingo/Raffle permits:
Roma Lodge #254 Order Sons of Italy in America (Renewal) Bingo
Hampton Roads Youth Hockey Association (Renewal) Bingo/Raffle
Plaza Little Leagues (Renewal) Bingo/Raffle
Church of Ascension Parish Church (Renewal) Bingo/Raffle
Virginia Association of the Deaf (Renewal) Bingo/Raffle
Sandbridge Fire Brigade (Renewal) Bingo/Raffle
Father Nicholas J. Habets Council (Renewal) Bingo/Raffle
ITEM V CONSENT AGENDA (CONTINUED):
D. Letter from the City Manager recommending that City Council approve
the request of Mr. John Atkinson, City Treasurer, for tax refunds in
amount of $2,374.60.
E. Motion to approve CONSENT AGENDA TTEMS and roll call voting.
ITEM VT SECOND READINGS OF ORDINANCES and roll call voting of each as read:
A. City Council is requested to approve on second reading an ordinance
to accept $75,000 from the Southeastern Tidewater Area Manpower
Authority and to appropriate these funds. (CETA-Title I)
B. City Council is requested to approve on second reading an ordinance
to accept $165,000 from the Southeastern Tidewater Area Manpower
Authority and to appropriate these funds. (CETA-Title II)
C. City Council is requested to approve on second reading an ordiance
to accept $390,000 from the Southeastern Tidewater Area Manpower
Authority and to appropriate these funds. (CETA-Title VI)
ITEM VII PUBLIC NOTICES:
NONE
ITEM VIII DOCKET:
A. CITY MANAGER'S PLANNING ITEMS:
1. Letter from the City Manager transmitting the recommendation of
the Planning Commission for denial of the application of Greenco
Corporation for a petition for the closure of a portion of 31st
Street (Virginia Beach Borough).
2. Letter from the City Manager transmitting the recommendation of
the Planning Planning Commission for denial of the application of
Greenco Corporation for a change of zoning from H-2 Resort Hotel
District to B-4 Resort-Commercial District on a .2 acre parcel
which consists of what is now 31st Street, between Atlantic Avenue
and the Oceanfront (Virginia Beach Borough).
3. Letter from the City Manager transmitting the recommendation of
the Planning Planning Commission for denial of the application of
Greenco Corporation for a conditional use permit for a recreational
facility of an outdoor nature (amusement park) on a .2 acre parcel
which consists of what is now 31st Street, between Atlantic Avenue
and the Oceanfront (Virginia Beach Borough).
4. Letter from the City Manager transmitting the recommendation of
the Planning Commission for approval of the application of Warnie
E. and Nita F. Conley for a change of zoning from R-8 Residential
District to B-2 Community Business District on a 5.05 acre parcel
located on the west side of Holland Road, north of Shipp's Corner
Road (Princess Anne Borough).
ITEM VIII DOCKET (CONTINUED):
A. CITY MANAGER'S PLANNING ITEMS (CONTINUED):
5. Letter from the City Manager transmitting the recommendation of
the Planning Commission for approval of the application of Warnie
E. and Nita F. Conley for a conditional use permit for mini-
warehouses on a 5.05 acre parcel located on the west side of
Holland Road, north of Shipp's Corner Road (Princess Anne Borough).
6. Letter from the City Manager transmitting the recommendation of
the Planning Commission for approval of an ordinance to amend and
reordain Sections 4.6, 9.1, 9.2, 9.3, and 9.4, of the Subdivision
Ordinance of the City of Virginia Beach, Virginia, relating to
variances.
7. Letter from the City Manager transmitting the recommendation of
the Planning Commission for approval of the application of John S.
Waller, Jr., for a conditional use permit for four duplexes on a
.55 acre parcel located on the south side of 9th Street, west of
Baltic Avenue (Virginia Beach Borough). DEFERRED FROM DECEMBER
11, 1978.
8. Letter from the City Manager transmitting the recommendation of
the Planning Commission for denial of the application of E. Gilbert
Keene for a petition for the closure of a portion of Poplar Street
(Lynnhaven Borough). DEFERRED FROM NOVEMBER 27, 1978.
B. CITY MANAGER'S RECOMMENDATIONS OF ORDINANCES -- FIRST READING:
1. Letter from the City Manager recommending that City Council approve
an ordinance establishing the tax levy on fam machinery and imple-
ments, farm tools and farm livestock, including all horses, poultry
and grains and feeds used for the nurture of farm livestock and poultry
for the calendar year 1979.
2. Letter from the City Manager recommending that City Council approve
an ordinance to accept grants totalling $32,636 from the Virginia
Department of Transportation Safety and to appropriate these funds:
Estimated Revenue Total
From Other Agencies Appropriations
Accident Management Program $11,840 $11,840
Traffic Engineering Training 1,002 1,002
Highway Marking Program 1,794 1,794
Accident Investigation Vehicle 18,000 182000
TOTAL $32,636 $32,636
C. CITY MANAGER'S RECOMMENDATIONS OF ORDINANCES:
1. Letter from the City Manager recommending that City Council approve
an ordinance to amend and reordain Section 2-1 of the Code of the
City of Virginia Beach relating to holidays.
2. Letter from the City Manager recommending that City Council approve
an ordinance amendin@. Chapter 2 of the Code of the City of Virginia
Beach by adding Section 2-26.1 relating to the distribution and sale
of the City Code.
ITEM VIII DOCKET (CONTINUED):
D. CITY MANAGER'S RECOMMENDATIONS OF RESOLUTIONS:
1. Letter from the City Manager recommending that City Council
adopt a Resolution requesting the Postmaster General to make
arrangements in the Central Mail Processing Facility scheduled
for Tidewater Virginia to allow for a local postmark for all
localities whose mail is processed at that facility.
E. CITY CLERK'S ITEMS:
NONE
ITEM IX OLD BUSINESS:
liONE
ITEM X NEW BUSINESS:
NONE
ITEM XI ADJOURNMENT:
A. Motion for adjournment.
MINUTES OF THE HONORABLE CTTY COUNCIL
OF THE
CITY OF VIRGINIA BEACH, VIRGINIA
January 8, 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,
January 8, 1979, at 1:00 p.m.
Council Members Present:
John A. Baum, George R. Ferrell, Councilwoman
Barbara M. Henley, Clarence A. Holland, Vice
Mayor J. Henry McCoy, Jr., Donald W. Merrick,
Councilwoman Meyera E. Oberndorf, J. Curtis
Payne, Roger L. Riggs, and Mayor Patrick L.
Standing
Council Members Absent:
F. Reid Ervin
ITEM #13168
(Item I)
Mayor Standing entertained a motion to permit Council to conduct an
INFORMAL SESSION to be followed by an EXECUTIVE SESSION for the pur-
pose of discussing the following:
1. Discussion or consideration of employment,
assignment, appointment, promotion, demotion,
salaries, discipline, or resignation of public
officers, appointees or employees of any public
body. (Personnel Matters).
2. Consultation with legal Council and briefing
by staff members, consultants, or attorneys per-
taining to actual or potential litigation, or other
legal rnatters within the jurisdiction of the public
body. (Legal Matters).
- 2 -
On motion by Councilman Payne, seconded by Councilman Baum, City
Council voted to proceed into the EXECUTIVE SESSION following the
INFORMAL SESSION.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, George R. Ferrell, Councilwoman
Barbara M. Henley, Clarence A. Holland, Vice
Mayor J. Henry McCoy, Jr., Donald W. Merrick,
Councilwoman Meyera E. Oberndorf, J. Curtis
Payne, Roger L. Riggs, and Mayor Patrick L.
Standing
Council Members Voting Nay:
None
Council Members Absent:
F. Reid Ervin
3-
ITEM #13169
The City Manager discussed the "Major Right/Way Improvement Policy"
with suggested modifications on the present requirements for peri-
meter roads and major four-lane divided highways that are in the
Master Street and Highway Plan:
1. The developer in such a situation at the time of development
is to dedicate to the City of Virginia Beach that part of the
proposed right-of-way which lies within hiS property boundary,
and to deposit in the subject road project account with the
City of Virginia Beach the cost of design and construction C)f
a standard City street for the entire length of the roadway
through or adjacent to the proposed development. However, at
the time of plat recordation or site plan release the developer
is responsible for only that part of the right-of-way shown on
the plat or site plan. Before construction of tbe road, the
City will provide the remainder of the cost for the ultimate
section. The Standard City Street consists of a 30-foot
curb-to-curb section, curb, gutter, sidewalk on one side, and
drainage, all to accepted City standards. This cost will be
determined by the City Engineer in accordance with recent
construction cost estimates.
2. However, if construction of part of the length of the road is
necessary to provide immediate access to the proposed project,
then two lanes of the ultimate section of the road shall be
designed and constructed by the developer sufficient to provide
immediate access. In this event, the developer would be given
credits for all expenditures in excess of what it would cost to
construct a standard City Street. The road project deposit
requirement, as listed in the previous paragraph, shall apply
to the remaining length of the proposed road.
3. If, at the time of plat recordation, the Virginia State
Highway Commission has accepted the proposed improvement as a
Virginia Department of Highways and Transportation Project,
then the developer's participation would be reduced by 90%.
However, there will be no reimbursement if funds have been
posted and subsequently the project is accepted as a State
Project.
4. In the event the City does not commence construction of the
project within five (5) years after the completion of the
final section of the subdivision, a reimbursement of any
funds which have been posted will be made.
5. Where perimeter roads consist of a right-of-way 60-feet or
less, the participation will be 50% of the cost to construct
a standard City street.
The City Manager indicated that the "Proposed Major Right/Way
Improvements Policy" would be presented to City Council in the
Formal Session in two weeks.
- 4-
ITEM #13170
Councilman Riggs suggested the use of "Credit Cards" as a means
for paying certain City fees, and introduced Mr. John T. Atkinson,
City Treasurer, to give a more detailed explanation.
Mr. Atkinson indicated that the delinquency list for unpaid personal
property tax bills totaled 28,000 delinquent tax payers. The most
common reason given for the unpaid bill was that the citizen could
not afford it, or that it was an untimely bill, or that he wasn't
prepared for it. Mr. Atkinson remarked that the use of the Credit
Card for paying such bills was not for the intention of offering a
discount, not with the intention of encouraging citizens to use
credit to pay a bill; but with the intention, that under the City's
present system in many cases, it would be less expensive for a tax
payer to use the credit card to pay the bill on time than to suffer
the penalty.
Mayor Standing requested Mr. Atkinson to work with the City Manager
and the City Attorney to prepare a legislative bill to present to
the Council for their approval and further submittal to the Legislators
for their approval.
ITEM #13171
The City Manager, using a diagram, discussed the property of
Heritage-Rosemont, Ltd., (Carl M. Albero, Richard Harold Holt,
and Herbert B. Davis, Jr.), and the construction of a screening
fence. On October 24, 1977, City Council approved as recommended
by the Planning Commission, this application subject to a "Screening
fence" to be provided along three sides of this parcel. Mr. Hanbury
indicated that the applicant has requested that only two sides be
fenced. The two sides facing A-2 zoning is requested to be fenced
with the elimination of fencing on the 0-1 zoning side.
Mr. Hanbury stated he would bring this up in the FORMAL SESSION
for formal action under Old Business.
ITEM #13172
Mr. Hanbury discussed the Cost Allocation Plans for State and
Federal Programs--Procedures for Charging State and Federal
Agencies for Local Service. He indicated the State and
Federal Government will allow localities cost allocations plans
if they have an established plan that is approved by then. At
the present time, the City does a certain amount of cost allocations
in Social Services and the CETA Program; however, the City could
do much more if it had an established plan.
Mr. Hanbury stated that a Consultant Firm (NO NAME MENTIONED) can
come up with a plan tbat has been used in other Cities. The cost
would be approximately $9,600 to develop such a Plan and the City
Manager will present it to City Council next week for formal
adoption.
- 5-
ITEM #13173
Mr. Hanbury presented the matter of the "Tax Rate on Farm Machinery."
Beginning January 1, 1979, assessments for Farm machinery will be
based on the depreciation schedule which the farmer files with his
Federal Income Tax Return. This schedule has not been made for
local taxation previously. It is intended to result in a new
efficient and economical change from previous procedures and
will drastically increase the assessment of farm machinery. The
proposed rate is $1.00 per $100 of assessed valuation based upon
a 45% ratio. The present ratio on farm implements is $6.00 per
$100 of assessed valuation based upon a 45% ratio.
Mr. Payne stated there had been and probably will be more publicity
on this matter. He suggested this be deferred at present and
brought back to City Council in two (2) weeks.
ITEM #13174
Councilman McCoy recommended the formation of a "Citizens Advisory
Committee to Study the Road and Traffic Problems in the City of
Virginia Beach."
Doctor McCoy stated the City had been working on what could be
termed "priorities" i.e., sewerage, utilities, etc., and that he
felt now is the time to give attention to the roads in the area.
Doctor McCoy further stated that probably the best way to handle
the problem would be to use people from different areas of the
City as much as possible. "The road projects are more or less
parochial," in other words, Kempsville is not interested in
Bayside roads anymore than Bayside is in Kempsville and so on."
Doctor McCoy recommended the Committee be made up of the nine
(9) new Planning Districts as suggested by the Planning Department
in their "Comprehensive Plan", plus perhaps the Planning Director
and the Director of Public Works, witb at least one (1) member of
City Council.
Councilman Merrick called attention to the Resolution adopted by
City Council on April 17, 1972, for the improvement of Virginia
Beach Boulevard (Route 58), and a short portion of Independence
Boulevard (Route 225). He distributed copies of this Resolution
to Council.
- 6-
ITEM #13175
(ITEM II-III)
FORMAL SESSION, MONDAY, 8 January 1979, 2:
Council Members Present:
John A. Baum, George R. Ferrell, Councilwoman Barbara
M. Henley, Clarence A. Holland, Vice Mayor J. Henry
McCoy, Jr., Donald W. Merrick, Councilwoman Meyera E.
Oberndorf, J. Curtis Payne, Roger L. Riggs, and Mayor
Patrick L. Standing
Council Members Absent:
F. Reid Ervin
INVOCATION was given by Pather Paul Gaughan, Star of the Sea
Catholic Church.
PLEDGE OF ALLEGIANCE.
- 7-
ITEM #13176
(ITEM IV)
on motion by Councilman Riggs, seconded by Vice Mayor McCoy,
City Council voted to dispense with the reading and approve
the Minutes of the Regular Meeting of December 18, 1978, as
the Minutes had been distributed to Council for their con-
sideration.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, George R. Ferrell, Councilwoman
Barbara M. Henley, Clarence A. Holland, Vice
Mayor J. Henry McCoy, Jr., Donald W. Merrick,
Councilwoman Meyera E. Oberndorf, J. Curtis
Payne, Roger L. Riggs, and Mayor Patrick L.
Standing
Council Members Voting Nay:
None
Council Members Absent:
F. Reid Ervin
- 8-
ITEM #13177
Mayor Standing indicated to the public that the Ordinance regarding
the Tax Levy on Farm Machinery, implements, tools, livestock, and
grains for the nature of the livestock for the calendar year 1979
would be DEFERRED FOR TWO WEEKS.
ITEM #13178
(ITEM Vc)
The CONSENT AGENDA was read:
On motion by Councilman Merrick, seconded by Councilman Baum, City
Council voted to APPROVE the following Bingo/Raffle Permits:
Roma Lodge #254 Order Sons of
Italy in America (Renewal) Bingo
Hampton Roads Youth Hockey
Association (Renewal) Bingo/Raffle
Plaza Little Leagues (Renewal) Bingo/Raffle
Church of Ascension Parish Church
(Renewal) Bingo/Raffle
Virginia Association of the Deaf
(Renewal) Bingo/Raffle
Sandbridge Fire Brigade (Renewal) Bingo/Raffle
Father Nicholas J. Habets Council
(Renewal) Bingo/Raffle
9-
Voting: 10-0
Council Members Voting Aye:
John A. Baum, George R. Ferrell, Councilwoman
Barbara M. Henley, Clarence A. Holland, Vice
Mayor J. Henry McCoy, Jr., Donald W. Merrick,
Councilwoman Meyera E. Oberndorf, J. Curtis
Payne, Roger L. Riggs, and Mayor Patrick L.
Standing
Council Members Voting Nay:
None
Council Members Absent:
F. Reid Ervin
-10-
ITEM #13179
(ITEM Vd)
On motion by Councilman Merrick, seconded by Councilman Baum, City
Council voted to APPROVE the following tax refunds in the amount
of $2,374.60.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, George R. Ferrell, Councilwoman
Barbara M. Henley, Clarence A. Holland, Vice
Mayor J. Henry McCoy, Jr., Donald W. Merrick,
Councilwoman Meyera E. Oberndorf, J. Curtis
Payne, Roger L. Riggs, and Mayor Patrick L.
Standing
Council Members Voting Nay:
None
Council Members Absent:
F. Reid Ervin
-11- EMC
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Th:, t follo-,4-in,- --P@licat:ioL,.s-for ti xre ti,. cl sx-,poa cert-tticatioL of the
r e s --- r c @- are h--reby ,.pprov,--d:
2,374.60
TAX TYPE TIC-KET EXONFR-K- DA--
YF-T-P or Tt\-)C TIO-\' \-O. P-',!D ItT. TOTA.L
Dean, W.L. & E.C. 1979 tE(1/2) 017518-i 10/23/78
'20.69
Porr, Carl A. 1977 PP 108816 10/18/77 90.72
United Va. Leasing 1978 PP 110465 6/1/78 lp536.66
Morgan, Arthur L. 1978 PP 114432 10/19/78 5.40
Martinez, B. & S. 1978 pp 83988 10/30/78 ibB.66
Joyner, Robert D. 1978 Pkng. 11441 il/9/78 5.;00
towling, Charles 1978 PP 009454 5/15/78 26@.94
Holland, Emilie B. 1978 PP 0438-23 6/1,/78 14.82
B@nk of Va. Beach 1979 E(1/2) 0--328-5 10/27/78
Watson, Ruth 1979 E(1/2) 71610-9 10/20/78
'Kelley', Elizabeth C. 1979 E(1/2) 36748-7 11/3/78 -31-15-
@ornick, Lena A. 1979 E(1/4) 1486779 11/21/78 2k.00@
Kingg Grant West 1979 'E(1/4) 37626-2 11/16/78 .4.(YO-
i(idis-Grant V'est 1979 E@(1/4) 376@7-1 11/16/78
.Kihgs Grant West 1979 E(l/'d) 37628-0 11/16/78 .4.00-
Kin-gs Grant W6st 1979 E 37630-6 11/16/78
4..00
.-Kings Grant West 1979 E(l/'@) 37631-5 11/f6/78 4.00.
Sch tchings,,Marie 1979 @E(I/') 60082-1 11/20/78
u 4 37@91
.:.Pauley,G.D. & E.C. 1978 E(2/@) 49925-6 6/10/78 47.85
nt;
$2, 374.60_v;ere nppro-.,c-@d by
the Counci-I of tl,.e City cl@ Virgini.1
I;each o-i tl,.e 8 day f January
s
o form-
RichLrd J. Wz!bbon, Cit, y Cierk
-1 2-
ITEM #13180
(ITEM Va)
The following bids have been received for the installation of a
24-inch water line from Birdneck Road to Atlantic Avenue along
Virginia Beach Boulevard:
A. Stanley Mundy and Company $31,675.00
Utility Builders, Inc. $ 33, 500.00
Ashland-Warren, Inc. $37,285.50
Crowder Contracting Company $39,700.00
Engineer's Estimate $ 35, 620.00
Councilman Merrick made a motion to APPROVE the low bid of A.
Stanley Mundy and Company, and further, to charge the cost of
this project to #302 Arts and Conference Center. There being
no second, the motion was lost.
Councilman Merrick made a motion to DENY the low bid of A.
Stanley Mundy and Company. There being no second, the
motion was lost.
On motion by Vice Mayor McCoy, seconded by Councilman Baum, City
Council voted to APPROVE the low bid of A. Stanley Mundy and
Company, in the amount of $31,675.00, to install a 24-inch water
line from Birdneck Road to Atlantic Avenue along Virginia Beach
Boulevard; and, authorized the City Manager to enter into the
necessary agreements to implement this project.
Voting: 9-1
Council Members Voting Aye:
John A. Baum, George R. Ferrell, Councilwoman Barbara
M. Henley, Clarence A. Holland, Vice Mayor J. Henry
McCoy, Jr., Councilwoman Meyera E. Oberndorf, J.
Curtis Payne, Roger L. Riggs, and Mayor Patrick L.
Standing
Council Members Voting Nay:
Donald W. Merrick
Council Members Absent:
F. Reid Ervin
- 1 3-
ITEM #13181
(ITEM Vb)
Councilman Merrick made a motion to DEFER an Ordinance to authorize
acquisition of property for the right-of-way for Virginia Beach
Boulevard for sixty (60) days. There being no second, the motion
was lost.
On motion by Councilman Baum, seconded by Vice Mayor McCoy, City
Council voted to APPROVE the Ordinance to authorize acquisition
of property in fee simple for right-of-way for Virginia Beach
Boulevard Phase I (2-412), and the acquisition of temporary and
permanent easements of right-of-way, either by agreement or by
condemnation.
Voting: 9-1
Council Members Voting Aye:
John A. Baum, George R. Ferrell, Councilwoman Barbara
M. Henley, Clarence A. Holland, Vice Mayor J. Henry
McCoy, Jr., Councilwoman Meyera E. Oberndorf, J.
Curtis Payne, Roger L. Riggs, and Mayor Patrick L.
Standing
Council Members Voting Nay:
Donald W. Merrick
Council Members Absent:
F. Reid Ervin
1/ 8/ 7 9
- 1 4 -
24231 BOOK 2055 PACE 176
AN ORDINANCE TO AUTHORIZE ACQUISITION OF
PROPERTY IN FEE SIMPLE FOR RIGHT-OF-WAY
FOR VIRGINIA BEACH BOULEVARD PHASE 1 (2-412)
AND THE ACQUISITION OF TEMPORARY AND PERMANENT
EASEMENTS OF RIGHT-OF-WAY, EITHER BY
AGREEMENT OR BY CONDEMNATION.
WHEREAS, in the opinion of the Council of the City of
Virginia Beach, Virginia, a public necessity exists for the
construction of this important roadway to provide transportation
and for other public purposes for the preservation of the safety,
health, peace, good order, comfort, convenience, moral and for the
welfare of the people in the City of Virginia Beach:
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF VIRGINIA BEACH, VIRGINIA:
Section 1. That the City Attorney and/or Deputy City
Attorney is hereby authorized and directed to acquire by purchase
or condemnation pursuant to Section 15.1-236 et seq., and Section
33.1-89 et seq., Code of Virginia of 1950, as amended, all that
certain real property in fee simple, including temporary and
permanent easements of right-of-way as shown on the plans entitled,
"PLANS AND PROFILE OF PROPOSED STATE HIGHWAY - CITY OF VIRGINIA
BEACH (VIRGINIA BEACH BOULEVARD) from W.C.L. VIRGINIA BEACH TO:
0.270 MI. E. NORTH GREAT NECK ROAD". These Plans being on file
in the Office of Real Estate Department of Public Works, Virginia
Beach, Virginia.
Section 2. That the City Attorney and/or Deputy City
Attorney is hereby authorized to make or cause to be made in
behalf of the City of Virginia Beach, to the extent that funds are
available, a reasonable offer to the owners or persons having an
interest in said lands, if refused, the City Attorney and/or Deputy
City Attorney is hereby authorized to institute proceedings.
Section 3. That an emergency is hereby declared to exist
and this Ordinance shall be in force and effect from the date of
its adoption.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the Ei@hth of January, 1979.
1-@- -- -
-1 5-
ITEM #13182
Councilman Merrick made a motion to DEFER an Ordinance to
authorize acquisition of property in fee simple for right-
of-way for Virginia Beach Boulevard water line and the
acquisition of temporary and permanent easements of right-
of-way, either by agreement or by condemnation. There
being no second, the motion was lost.
On motion by Councilman Baum, seconded by Vice Mayor McCoy, City
Council voted to APPROVE the Ordinance to authorize acquisition
of property in fee simple for right-of-way for Virginia Beach
Boulevard water line and the acquisition of temporary and permanent
easements of right-of-way, either by agreement or by condemnation.
Voting: 9-1
Council Members Voting Aye:
John A. Baum, George R. Ferrell, Councilwoman Barbara
M. Henley, Clarence A. Holland, Vice Mayor J. Henry
McCoy, Jr., Councilwoman Meyera E. Oberndorf, J.
Curtis Payne, Roger L. Riggs, and Mayor Patrick L.
Standing
Council Members Voting Nay:
Donald W. Merrick
Council Members Absent:
F. Reid Ervin
- 1 6-
2 4 2 30 BOOK 2055 PAGE 174
ORDINANCE TO AUTHORIZE THE ACQUISITION
OF PROPERTY IN FEE SIMPLE FOR RIGHT-OF-WAY
FOR VIRGINIA BEACH BOULEVARD WATER LINE
AND THE ACQUISITION OF TEMPORARY AND PERMANENT
EASEMENTS OF RIGHT-OF-WAY, EITHER BY AGREEMENT
OR BY CONDEMNATION
WHEREAS, in the opinion of the Council of the City of
Virginia Beach, Virginia, a public necessity exists for the con-
struction of this important project to provide water and for other
public purposes for the preservation of the safety, health, peace,
good order, convenience, moral and welfare of the people in the
City of Virginia Beach.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE
CITY OF VIRGINIA BEACH, VIRGINIA:
Section 1. That the City Attorney and/or Assistant
City Attorney is hereby authorized and directed to acquire by
purchase or condemnation pursuant to Section 15.1-236, et seq.,
and Section 33.1-89, et seq., Code of Virginia of 1950, as
amended, all that certain real property in fee simple including
temporary and permanent easements of right-of-way as shown on the
Plans entitled, "Virginia Beach Boulevard Water Line, Sections
I-A & 1-B, dated May 16, 1977," these Plans being on file in the
office of Real Estate, Department of Public Works, Virginia Beach,
Virginia.
Section 2. That the City Attorney and/or Assistant City
Attorney is hereby authorized to make or cause to be made in behalf
of the City of Virginia Beacb, to the extent that funds are available,
a reasonable offer to the owners or persons having an interest in
said lands, if refused, the City Attorney and/or Assistant City
Attorney is hereby authorized to institute proceedings to condemn
said property.
Section 3. That an emergency is hereby declared to exist
and this Ordinance shall be in force and effect from the date of
its adoption.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the Ei@.lith day of January, 1979.
- 1 7-
ITEM #13183
(ITEM VI)
Upon motion by Councilwoman Oberndorf, seconded by Councilman Ferrell,
City Council voted to APPROVE ON SECOND READING the Ordinance to
accept $75,000 from the Southeastern Tidewater Area Manpower
Authority and to appropriate these funds: (CETA-TITLE I)
Vot ing : 10-0
Council Members Voting Aye:
John A. Baum, George R. Ferrell, Councilwoman
Barbara M. Henley, Clarence A. Holland, Vice
Mayor J. Henry McCoy, Jr., Donald W. Merrick,
Councilwoman Meyera E. Oberndorf, J. Curtis
Payne, Roger L. Riggs, and Mayor Patrick L.
Standing
Council Members Voting Nay:
None
Council Members Absent:
P. Reid Ervin
- 1 8-
AN ORDINANCE TO ACCEPT $75,000 FROM
THE SOUTHEASTERN TIDEWATER AREA MANPOWER
AUTHORITY AND TO APPROPRIATE THESE FUNDS
WHEREAS, the City Council, on November 20, 1978,
approved an initial award totaling $11, 798 from the Southeastern
Tidewater Area Manpower Authority (STAMA) for the purpose of
establishing an employment program under Title I of the Comprehensive
Employment and Training Act of 1973 (CETA); and,
WHEREAS, the City Council has since approved modifications
to increase funding by $25, 702; and,
WHEREAS, STAMA has approved $75,000 in ddditional funding,
which the City wishes to accept.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE
CITY OF VIRGINIA BEACH, VIRGINIA:
That additional funding from STAMA be accepted and
appropriated for the following purpose:
Estimated Revenue Total
.From Other A ies Appropriations
CETA - Title T $75,000 $75,000
BE IT FURTHER ORDATNED that the appropriations will be
financed 100% by Federal funds, with no local match required; and,
BE IT FURTHER ORDAINED that a total of twenty-six
personnel positions is hereby authorized for the duration of the
Grant, to be paid from the Grant, with classes of employees to be
determined by the City Manager.
FIRST READING: December 18, 1978
SECOND READING: January 8, 1979
Adopted by the Council of the City of Virginia Beach,
Virginia, on the Eighth day of January, 1979.
- 1 9-
ITEM #13184
(ITEM VI)
On motion by Councilwoman Oberndorf, seconded by Councilman Baum,
City Council voted to APPROVE ON SECOND READING an Ordinance to
accept $165,000 from the Southeastern Tidewater Area Manpower
Authority and to appropriate these funds: (CETA - Title II)
Voting: 10-0
Council Members Voting Aye:
John A. Baum, George R. Ferrell, Councilwoman
Barbara M. Henley, Clarence A. Holland, Vice
Mayor J. Henry McCoy, Jr., Donald W. Merrick,
Councilwoman Meyera E. Oberndorf, J. Curtis
Payne, Roger L. Riggs, and Mayor Patrick L.
Standing
Council Members Voting Nay:
None
I
Council Members Absent:
F. Reid Ervin
- 20 -
AN ORDINANCE TO ACCEPT $165,000
FROM THE SOUTHEASTERN TIDEWATER
AREA MANPOWER AUTHORITY AND TO
APPROPRIATE THESE FUNDS
WHEREAS, the City Council, on March 7, 1977, approved
an initial award totaling $34,173 from the Southeastern Tidewater
Area Manpower Authority (STAMA) for the purpose of establishing
an employment program under Title II of the Comprehensive
Employment and Training Act of 1973 (CETA); and,
WHEREAS, the City Council has since approved modifications
to increase the funding by $779,880; and,
WHEREAS, STAMA has approved $165,000 in additional funding,
which the City wishes to accept.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA:
That additional funding from STAMA be accepted and appropriated
for the following purpose:
Estimated Revenue Total
From Other Agencies Appropriations
CETA - Title II $1 6 5, 00 0 -$l 6 5, 0 0 0
BE IT FURTHER ORDAINED that the appropriations will be
f inanced I 00% by Federal funds, wi th no I ocal match required; and ,
BE IT FURTHER ORDAINED that a total of eighty-three
per son ne l pos it ion s is hereby aut hor i zed for the durat ion of the
Grant, to be paid from the Grant, with classes of employees to be
determined by the City Manager.
FIRST READING: -December 18, 1979
SECOND READING January 8, 1979
Adopted by the Council of the City of Virginia Beach,
Virginia, on the Eighth day of January, 1979.
- 21 -
ITEM #13185
(ITEM VI)
On motion by Councilman Ferrell, seconded by Councilwoman Oberndorf,
City Council voted to APPROVE ON SECOND READING the Ordinance to
zkccept $390,000 from the Southeastern Tidewater Area Manpower
Authority and to appropriate these funds: (CETA-Title VI)
Voting: 10-0
Council Members Voting Aye:
John A. Baum, George R. Ferrell, Councilwoman
Barbara M. Henley, Clarence A. Holland, Vice
Mayor J. Henry McCoy, Jr., Donald W. Merrick,
Councilwoman Meyera E. Oberndorf, J. Curtis
Payne, Roger L. Riggs, and Mayor Patrick L.
Standing
Council Members Voting Nay:
None
Council Members Absent:
F. Reid Ervin
- 2 2-
AN ORDINANCE TO ACCEPT $390, 000
FROM THE SOUTHEASTERN TIDEWATER
AREA MANPOWER AUTHORITY AND TO
APPROPRIATE THESE FUNDS
WHEREAS, the City Council, on February 7, 1977, approved
an initial award totaling $290, 000 from the Southeastern Tidewater
Area Manpower Authority (STAMA) for the purpose of establishing
an employment program under Title VI of the Comprehensive
Employment and Training Act of 1973 (CETA); and,
WHEREAS, the City Council has since approved modif ications
to increase the f unding by $2, 637, 294, of which $479, 655 was for
Non-City Hall Projects, and required no appropriations; and,
WHEREAS, STAMA has approved $390,000 in additional funding,
which the City wishes to accept.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA:
That additional funding from STAMA be accept and appropriated
for the following purpose.
Estimated Revenue Total
From Other Agencies Appropriations
CETA - Title VI $390,000 $390,000
BE IT FURTHER ORDAINED that the appropriations will be
financed 100% by Federal funds, with no local match required; and,
BE IT FURTHER ORDAINED that a total of eighty-three
personnel positions is hereby authorized for the duration of the
Grant, to be paid from the Grant, with classes of employees to be
determined by the City Manager.
FIRST READING: December 18, 1978
SECOND READING: January 8, 1979
Adopted by the Council of the City of Virginia Beach,
Virginia, on the Eighth day of January, 1979.
- 2 3-
PLANNING AGENDA: ITEM #13186
(ITEM VIII)
Application of Greenco Corporation for the discontinuance, closure and
abandonment of a portion of 31st Street beginning on the East side of
Atlantic Avenue and running in an Easterly direction a distance of 150
feet. Said parcel is 60 feet in widtb and contains .2 acre. VIRGINIA
BEACH BOROUGH.
Planning Commission Recommendation:
A motion was passed unanimously by the Planning Commission by a recorded
vote of 12 to deny this request. It was felt that closure of the subject
right-of-way would restrict both pedestrian and emergency access to the
beach. This could create a dangerous situation in regard to the
response of fire and rescue personnel and their equipment.
Mr. Joel Cooper appeared on behalf of the Greenco Corporation requesting
a DEFERRAL for two weeks. (January 22, 1979)
On motion by Councilman Riggs, seconded by Councilman Baum, City
Council voted to DEFER the above application of GREENCO CORPORATION
for a petition for the closure of a portion of 31st Street, Virginia
Beach Borough.
Voting: 10-0
Council Members Voting Aye: (for deferral)
John A. Baum, 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:
F. Reid Ervin
- 2 4-
ITEM #13187
(ITEM VIIT)
Ordinance upon application of Greenco Corporation for a Change of Zo@n
District Classification from H-2 Resort-Hotel District to B-4 Resort-
Commercial District on certain property located on the East side of
Atlantic Avenue beginning at the Southern boundary of 31st Street,
running a distance of 60 feet along the East side of Atlantic Avenue,
running a distance of 150 feet along the Northery property line,
running a distance of 60 feet along the Eastern property line and
running a distance of 150 feet along the Southern property line. Said
parcel contains .2 acre. VTRGTNTA BEACH BOROUGH.
Planning Commission Recommendation:
A motion was passed unanimously by the Planning Commission by a recorded
vote of 12 to deny this request. It was felt that the property under
consideration consists of public right-of-way and should remain in this
s t a t e .
Mr. Joel Cooper appeared on behalf of Greenco Corporation requesting
a deferral of two weeks. (January 22, 1979)
On motion by Councilman Riggs, seconded by Councilman Baum, City Council
voted to DEFER the above application of GREENCO CORPORATION for a
Change of Zoning District Classification from H-2 Resort Hotel District
to B-2 Resort Commercial District on a .2 acre parcel which consists of
what is now 31st Street, between Atlantic Avenue and the Oceanfront,
VIRGINIA BEACH BOROUGH.
Voting: 1 0 -0
Council Members Voting Aye:
John A. Baum, 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:
F. Reid Ervin
- 2 5-
ITEM #13188
(ITEM VIII)
Ordinance upon application of Greenco Corporation for a Conditional
Use Permit for a recreational facility of an outdoor nature (amusement
park) on certain property located on the East side of Atlantic Avenue
beginning at the Southern boundary of 31st Street, running a distance
of 60 feet along the East side of Atlantic Avenue, running a distance
of 150 feet along the Northern property line, running a distance of
60 feet along the Eastern property line and running a distance of 150
feet along the Southern property line. Said parcel contains .2 acre.
VlRGINIA BEACH BOROUGH.
Planning Commission Recommendation:
A motion was passed unanimously by the Planning Commission by a
recorded vote of 12 to deny this request. It was felt that the
property under consideration consists of public right-of-way
and should remain in this state.
Mr. Joel Cooper appeared in behalf of Greenco Corporation requesting
a deferral for two weeks. (January 22, 1979)
Upon motion by Councilman Riggs, seconded by Councilman Baum, City
Council voted to DEFER the above application of GREENCO CORPORATION
for a Conditional Use Permit for a recreational facility of an out-
door nature (amusement park) on a .2 acre parcel which consists of
what is now 31st Street, between Atlantic Avenue and the Oceanfront,
Virginia Beach Borough.
Voting: 10 -0
Council Members Voting Aye: (for deferral)
John A. Baum, 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:
F. Reid Ervin
- 2 6 -
ITEM #13189
(ITEM VIII)
Ordinance upon application of Warnie E. and Nita F. Coriley for a
Change of Zoning District Classification from R-8 Residential
District to B-2 Community-Business District on certain property
located on the West side of Holland Road beginning at a point 652
feet North of Shipp 's Corner Road, running a distance of 166. 7
feet along the West side of Holland Road, running a distance of
1471.57 feet along the northern property line, running a distance
of 170. 39 feet along the Western property line and running a
distance of 1356.16 feet along the Southern property line. Said
parcel contains 5.05 acres. PRINCESS ANNE BOROUGH.
Planning Commission Recommendation:
A motion was passed by the Planrling Commission by a recorded vote of
10 for the motion and 2 against to approve this request subject to
the following conditions in conj unction with the intended use of the
land:
1. Standard improvements as required by the Site Plan Ordinance.
2. City water and sewer.
3. An escrow to cover the cost of pavement widening, curb and
gutter, sidewalk and drainage facilities along Holland Road.
And f urther subject to the following conditions prior to the change
on the official zoning map:
1. A dedication of right-of-way, 5 foot temporary construction
easement, and a permanent drainage easement along the 166.7
foot frontage on Holland Road as shown on the plans on file
in the City Engineering Division, (a variable right-of-way
ded ication) .
2. A variable drainage easement along the Southern property line.
Attorney Grover C. Wright, Jr., appeared in behalf of the applicant.
On motion by Councilman Payne, seconded by Councilman Riggs, City
Council voted to APPROVE the above application of WARNIE E. AND
NITA F. CONLEY for a Change of Zoning from R-8 Residential District
to B-2 Community-Business District:
Voting: 7- 2
2 7-
Council Members Voting Aye:
John A. Baum, George R. Ferrell, 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:
F. Reid Ervin, and Clarence A. Holland
- 2 8-
City Council voted to APPROVE the following Ordinance upon application
of WARNIE E. AND NITA F. CONLEY for a Change of Zoning District
Classification from R-8 Residential District to B-2 Community-Business
District
ORDINANCE UPON APPLICATION OF WARNIE E. Z0179403
AND NITA F. CONLEY FOR A CHANGE OF ZONING
DISTRICT CLASSIFICATION FROM R-8 RESIDENTIAL
DISTRICT TO B-2 COMMUNITY-BUSINESS DISTRICT
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
Ordinance upon application of Warnie E. and Nita F. Conley for a
Change of Zoning District Classification from R-8 Residential
District to B-2 Community-Business District on certain property
located on the West side of Holland Road beginning at a point 652
feet North of Shipp's Corner Road, running a distance of 166.7
feet along the West side of Holland Road, running a distance of
1471.57 feet along the northern property line, running a distance
of 170.39 feet along the Western property line and running a
distance of 1356.16 feet along the Southern property line. Said
parcel contains 5.05 acres. PRINCESS ANNE BOROUGH.
Approval of this request 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. Subject to the State Health Department's requirements.
3. An escrow to cover the cost of pavement widening, curb and
gutter, sidewalk and drainage facilities along Holland Road.
And further subject to the following conditions prior to the change
on the official zoning map:
1. A dedication of right-of-way, 5 foot temporary construction
easement, and a permanent drainage easement along the 166.7
foot frontage on Holland Road as shown on the plans on file
in the City Engineering Division, (a variable right-of-way
dedication) .
2. A variable drainage easement along the Southern property line.
This Ordinance shall be effective from date of adoption.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the Eighth day of January, 1979.
- 2 9-
ITEM #13190
(ITEM VIII)
Ordinance upon application of Warnie E and Nita F. Conley for a
Conditional Use Permit for mini-warehouses on certain property
located on the West side of Holland Road beginning at a point
652 feet North of Shipp's Corner Road, running a distance of
166.7 feet along the West side of Holland Road, running a distance
of 1471.57 feet along the Northern property line, running a
distance of 170.39 feet along the Western property line aild
running a distance of 1356.39 feet along the Southern property
line. Said parcel contains 5.05 acres. PRINCESS ANNE BOROUGH.
Planning Commission Recommendation:
A motion was passed unanimously by the Planning Commission by a
recorded vote of 11 to approve this request 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. Not approved for septic tank installation.
3. All lighting is to be directed to the interior of the site and
shielded from adjacent properties.
4. A 6-foot solid privacy fence shall enclose the storage area.
5. One parking space for each 400 square feet of office area.
6. Revision of the internal traffic circulation layout so as to
provide for minimum 22 feet wide, two-way travel aisles.
7. A dwelling unit shall not be established in conjunction with
this operation.
8. An escrow for the cost of pavement widening, curb and gutter,
sidewalk, drainage facilities and street lights along Holland
Road.
Attorney Grover C. Wright, Jr., appeared in behalf of the applicant
Upon motion by Councilman Payne, seconded by Councilman Riggs, City
Council voted to APPROVE the above application of WARNIE E. AND NITA
F. CONLEY for a Conditional Use Permit for mini-warehouses:
- 30-
Vot ing: 1 0 -0
Council Members Voting Aye:
John A. Baum, 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 Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
F. Reid Ervin
- 3 1 -
City Council voted to APPROVE the following Ordinance upon application
of WARNIE E. AND NITA F. CONLEY for a Conditional Use Permit for
mini-warehouses and CHANGING ITEM TWO of the conditions to read:
Subject to APPROVAL of the Health Department for
a septic tank system for office use only
ORDINANCE UPON APPLICATION OF WARNIE E. R0179227
AND NITA F. CONLEY FOR A CONDTTIONAL
USE PERMIT FOR MINT-WAREHOUSES
BE TT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
Ordinance upon application of Warnie E and Nita F. Conley for a
Conditional Use Permit for mini-warehouses on certain property
located on the West side of Holland Road beginning at a point
652 feet North of Shipp's Corner Road, running a distance of
166.7 feet along the West side of Holland Road, running a distance
of 1471.57 feet along the Northern property line, running a
distance of 170.39 feet along the Western property line and
running a distance of 1356.39 feet along the Southern property
line. Said parcel contains 5.05 acres. PRINCESS ANNE BOROUGH.
Approval is subject to the following conditions in conjunction with
the intended use of the land:
1. Standard improvements as required by the Site Plan Ordinance.
2. Subject to approval of the Health Department for a septic tank
system for office use only.
3. All lighting is to be directed to the interior of the site and
shielded from adjacent properties.
4. A 6-foot solid privacy fence shall enclose the storage area.
5. One parking space for each 400 square feet of office area.
6. Revision of the internal traffic circulation layout so as to
provide for minimum 22 feet wide, two-way travel aisles.
7. A dwelling unit shall not be established in conjunction with
this operation.
8. ATi escrow for the cost of pavement widening, curb and gutter,
sidewalk, drainage facilities and street lights along Holland
Road.
This Ordinance shall be effective from date of adoption.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the Eighth day of January, 1979.
- 32-
ITEM #13191
(ITEM VIII)
On motion by Councilwoman Henley, seconded by Councilwoman Oberndorf,
City Council voted to APPROVE the following Ordinance to amend and
reordain Sections 4.6, 9.1, 9.2, 9.3, and 9.4 of the Subdivision
Ordinance of the City of Virginia Beach relating to variances.
Voting: 1 0 -0
Council Members Voting Aye:
John A. Baum, 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 Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
F. Reid Ervin
- 3 3 -
AN ORDINANCE TO AMEND AND REORDAIN
SECTIONS 4.6, 9.1, 9.2, 9.3 AND 9.4,
OF THE SUBDIVISION ORDINANCE OF
THE CITY OF VIRGINIA BEACH, VIRGINIA,
RELATING TO VARIANCES
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA:
That Sections 4.6, 9.1, 9.2, 9.3 and 9.4 of the Subdivision Ordinance of
the City of Virginia Beach, Virginia, are amended as follows:
4.6 Preservation of Noteworthy Features. In all subdivisions, to the maximum
degree reasonably practicable, efforts shall be made to preserve historic
sites, scenic points, large trees and other desirable natural growths,
water-courses and other water areas, and other features worthy of preser-
vation, either as portions of public sites and open spaces as described
in Section 4.5, above, or in such other form as to provide amenity to
the neighborhood.
To-the-extent-neeessary-fer-des4rabie-preservat4en3-the-p4aRR4Hg-coRlffl4s-
s4@H-FRay-wa4ve-er-a4 tep-s pee if4e-requ4peFRem ts-of-these-regw4at4ons- as -
9.1 Appeals from Decisions of Administrative Officers. Where it is alleged
there is an error in any order, requirement, decision or determination
made by an administrative officer in the administration or enforcement
of this ordinance, the owner or subdivider or agent therefore may appeal
to the Circuit Court of the City as prescribed by law. In the case of
design standards and general procedural matters, the appeal shall be to
the City Council.
9.2 Modification of Standards. The City Council may modify design standards
or other requirements of these regulations in order to preserve noteworthy
features or otherwise enhance the amenity of neighborhoods, but such
modification shall be made only upon findings that public purposes of
these or other applicable regulations would be met to at least an equiva-
lent degree by such modification. Where such modification is granted,
the City Council may attach such conditions and safeguards as are deemed
necessary to protect general public interest or the character of the
neighborhood, and may require a guarantee or bond to assure compliance.
9.3 Variances. The City Council may authorize in specific cases such variances
from the strict application of the terms of this ordinance as will not be
contrary to the public interest when, owing to special conditions, a literal
enforcement will result in unnecessary hardships, provided that the spirit
of this ordinance shall be observed and substantial justice done.
1/ 8/ 7 9
- 3 4 -
No variance shall be authorized by the City Council unless it finds that:
(a) Strict application of the ordinance would produce undue hard-
ship.
(b) The authorization of the variance will not be of substantial
detriment to adjacent property, and the character of the neigh-
borhood will not be adversely affected.
(c) The problem involved is not of so general or recurring a nature
as to make reasonably practicable the formulation of general
regulations to be adopted as an amendment to the ordinance.
(d) The hardship is created by the physical character of the property,
including dimensions and topography, or by other extraordinary
situation or condition of such property, or by the use or develop-
ment of property immediately adjacent thereto. Personal or self-
inflicted hardship shall not be considered as grounds for the
issuance of a variance.
(e) The hardship is created by the requirements of the zoning district
in which the property is located at the time the variance is
authorized whenever such variance pertains to provisions of the
Zoning Ordinance incorporated by reference in this ordinance.
Where a variance is granted, the City Council may attach such
conditions and safeguards as are deemed necessary to protect
general public interest or the character of the neighborhood,
and may require a guarantee or bond to assure compliance.
9.4 Procedure for Modification of Standards and Variances. Application for
modification of standards or for variances to subdivision requirements
shall be made to the City Council and filed with the Director of Plan-
nina.. The application shall be advertised for public hearing before the
Planning Commission in the manner of a rezoning petition. The Planning
Commission shall forward a recommendation to the City Council within forty-
five (45) days. After receiving the recommendation of the Planning Com-
mission, the City Council shall hold a public hearing and act upon the
proposed application, granting the application in whole or in part with
or without modification, or denying it.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
8th day of January 1979.
A,@l@i!OVED AS TO CorENT
C; TA i
1/ 8/ 7 9
- 3 5-
ITEM #13192
(ITEM VIII)
Ordinance upon application of John S. Waller, Jr., for a Conditional
Use Permit for four duplexes on certain property located on the South
side of 9th Street beginning at a point 60 feet West of Baltic Avenue,
running a distance of 240 feet along the South side of 9th Street,
running a distance of 100 feet along the Western property line,
running a distance of 240 feet along the Southern property line and
running a distance of 100 feet along the Eastern property line. Said
parcel contains .55 acre. VIRGINIA BEACH BOROUGH.
Planning Commission Recommendation:
A motion was passed unanimously by the Planning Commission by a recorded
vote of 11 to approve this request 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. 9th Street is to be extended from Baltic Avenue as an 18-foot paved
street with the necessary drainage facilities.
4. The filling of Lake Holly will not be permitted.
Mr. John Waller appeared in his behalf
Upon motion by Councilman Riggs, seconded by Councilman Baum, City
Council voted to APPROVE the above application of JOHN S. WALLER, JR.,
for a Conditional Use Permit for four duplexes.
3 6 -
Vot ing 10 -0
Council Members Voting Aye:
John A. Baum, 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 Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
F. Reid Ervin
- 3 7-
City Council voted to APPROVE the following Ordinance upon application
of JOHN S. WALLER, JR., for a Conditional Use Permit for four duplexes:
ORDINANCE UPON APPLICATION OF JOHN S. WALLER, R0179228
JR., FOR A CONDITIONAL USE PERMIT FOR FOUR
DUPLEXES
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA.
Ordinance upon application of John S. Waller, Jr., for a Conditional
Use Permit for four duplexes on certain property located on the South
side of 9th Street beginning at a point 60 feet West of Baltic Avenue,
running a distance of 240 feet along the South side of 9th Street,
running a distance of 100 feet along the Western property line,
running a distance of 240 feet along the Southern property line and
running a distance of 100 feet along the Eastern property line. Said
parcel contains .55 acre. VIRGINIA BEACH BOROUGH.
Approval is subject to the following conditions in conjunction with
the intended use of the land:
1. Standard improvements as required by the Site Plan Ordinance.
2. City water and sewer.
3. 9th Street is to be extended from Baltic Avenue as an 18-foot paved
street with the necessary drainage facilities.
4. The filling of Lake Holly will not be permitted.
This Ordinance shall be effective from date of adoption.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the Eighth day of January, 1979.
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ORDINANCES - FIRST READING ITEM #13193
(ITEM VIII)
Attorney V. A. Etheridge, Jr., appeared in behalf of the applicant.
Mr. E. Gilbert Keene appeared in bis own behalf
Attorney Edward Hudgins appeared in opposition.
On motion by Councilman Merrick, seconded by Councilman Baum, City
Council voted to DENY the application of E. Gilbert Keene for a
petition for the closure of a portion of Poplar Street.
Voting: 10-0
Council Members Voting Aye: (for denial)
John A. Baum, 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 Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
F. Reid Ervin
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IN THE MATTER OF CLOSING, VACATING, AND DISCONTINUING
A PORTION OF THAT CERTAIN STREET OF VARIABLE WIDTH
KNOWN AS POPLAR STREET, LOCATED IN THE LYNNHAVEN
BOROUGH OF THE CITY OF VIRGINIA BEACH, VIRGINIA, AS
SHOWN ON THE CERTAIN PLAT ENTITLED, "PLAT SHOWING A
PORTION OF POPLAR STREET TO BE CLOSED AND VACATED
BY THE CITY OF VIRGINIA BEACH, VIRGINIA", WHICH
PLAT IS RECORDED IN THE CLERK'S OFFICE OF THE
CIRCUIT COURT OF THE CITY OF VIRGINIA BEACH, VIRGINIA,
IN MAP BOOK I AT PAGE
WHEREAS, it appearing by affidavit that proper notice has
been given by E. Gilbert Keene, that it would make application to
the Council of the City of Virginia Beach, Virginia, on
1978, to have the hereinafter described street discontinued, closed,
vacated; and,
WHEREAS, it is the judgment of the Council that said street
be discontinued, closed, and vacated;
NOW, THEREFORE,
SECTION I
BE IT ORDAINED by the Council of the City of Virginia
Beach, Virginia, that the hereinafter described street be discontinued,
closed, and vacated:
Poplar Street. From the point where the existing
Southerly side of Bonney Road intersects with the
existing Westerly side of Poplar Street, proceed
S2@ 22' 41" E 5 feet, more or less, to the point
of beginning. From the point of beginning proceed
N89' 37' 19" E 66.04 feet to a point; thence;
S2' 22' 41" E 535.51 feet to a point; thence;
along a curve to the right 74.34 feet to a point
where the existing Westerly side of Poplar Street
intersects with the Northerly side of the Virginia
Beach-Norfolk Toll Road (Route 44); thence;
N2' 22' 41" W 390-01 feet to the point of beginning.
All the above as shown upon that certain plat entitled
"Plat Showing A Portion of Poplar Street to be Closed and Vacated
by the City of Virginia Beach, Virginia - Lynnhaven Borough -
Virginia Beach, Virginia", which plat is attached hereto and made
a part hereof and intended to be recorded with the Ordinance the
aforedescribed street.
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SECTION II
This ordinance shall be effective 30 days after adoption
and shall be r eco rd ed in the Clerk of the Circu it Court ' s Of f ice as
deed of land are recorded at the expense of the petitioner.
DENIED by the Council of the City of Virginia Beach, Virginia,
on the Eighth day of January, 1979.
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ORDINANCES - FIRST READING ITEM #13194
(ITEM VIII)
On motion by Councilman Payne, seconded by Councilwoman Henley, City
Council voted to DEFER FOR TWO WEEKS the Ordinance establishing tax
levy on farm machinery and implements, farm tools and farm livestock,
including all horses, poultry and grains and feed used for the nuture
of farm livestock and poultry for the calendar year 1979.
Voting: 10-0
Council Members Voting Aye: (for deferral)
John A. Baum, 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 Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
F. Reid Ervin
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AN ORDINANCE ESTABLISHING THE TAX LEVY
ON FARM MACHINERY AND IMPLEMENTS, FARM
TOOLS, AND FARM LIVESTOCK, INCLUDING ALL
HORSES, POULTRY, AND GRAINS AND FEEDS
USED FOR THE NUTURE OF FARM LIVESTOCK
AND POULTRY FOR THE CALENDAR YEAR 1979
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA:
Section 1. AMOUNT OF LEVY ON FARM MACHINERY AND IMPLEMENTS,
FARM TOOLS, AND FARM LIVESTOCK, INCLUDING ALL HORSES, POULTRY, AND
GRAINS AND FEEDS USED FOR THE NUTURE OF FARM LIVESTOCK AND POULTRY.
There shall be levied and collected for general purposes
for the 1979 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 nuture of farm livestock and poultry,
not exempt from taxation, at the rate of One Dollar ($1.00), 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. EFFECTIVE DATE.
This Ordinance shall be in effect immediately.
Adopted by the Council of the City of Virginia Beach, Virginia,
on the day of 1979.
FIRST READING:
SECOND READING:
NOTE: For State Authority see Code of Virginia Section 58-851
DEFERRED FOR TWO WEEKS: January 8, 1979
- 4 3-
ITEM #13195
(ITEM VIII)
On motion by Councilman Ferrell, seconded by Councilwoman Oberndorf,
City Council voted to APPROVE ON FIRST READING the Ordinance to accept
a Grant totaling $32, 636 from the Virginia Department of Transportation
and Safety.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, 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 Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
F. Reid Ervin
- 4 4-
AN ORDINANCE TO ACCEPT GRANTS TOTALING
$32,636 FROM THE VIRGINIA DEPARTMENT OF
TRANSPORTATION SAFETY AND TO APPROPRIATE
THESE FUNDS
WHEREAS, the Virginia Department of Transportation Safety
has appro ved f unding f or f our Pro grams to improve highway sa f ety
and,
WHEREAS, the City of Virginia Beach wishes to accept that
funding.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA:
That this funding be acce pted and approp riated f or the
following purposes:
Estimated Revenue Total
From Other Agencies Appropriations
Accident Management Program $11,840 $11,840
Traffic Engineering Training 1, 00 2 1, 0 0 2
Highway Marking Program 1,794 1.794
Accident Investigation Vehicle 18,000 18,000
Total $32,636 $32,636
BE IT FURTHER ORDAINED that the appropriations will be
financed 100% by State funds, requiring a local in-kind match currently
appropriated in the City's fiscal year 1979 Operating Budget.
FIRST READING: January 8, 1979
SECOND READING;
Adopted by the Council of the City of Virginia Beach, Virginia,
on the day of 1 1979.
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ITEM #13196
(ITEM VLII)
On motion by Councilman Payne, seconded by Councilman Baum, City
Council voted to APPROVE the Ordinance to amend and reordain
Section 2-1 of the Code of the City of Virgiriia Beach relating to
Holidays.
Voting: 10 -0
Council Members Voting Aye:
John A. Baum, 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 Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
F. Reid Ervin
- 4 6-
Requested by: Department of Personnel
AN ORDINANCE TO AMEND AND REORDAIN
SECTION 2-1 OF THE CODE OF THE CITY
OF VIRGINIA BEACH RELATING TO HOLIDAYS
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINlA:
That Section 2-1 of the Code of the City of Virginia Beach
is amended and reordained as follows:
Section 2-1. Holidays
The following eight-hour days are hereby designated as
full-paid "Holidays" and shall be so observed by the City. All
merit employees shall be covered by the provisions of this Ordinance
with the exception of the flexible personal holiday which shall be
administered in accordance with the City of Virginia Beach Flexible
Holiday Policy:
a. The first day of January (New Year's Day)
b. The third Monday in February (George Washington's Day)
C. The last Monday of May (Memorial Day)
d. The fourth day of July (Independence Day)
e. The first Monday of September (Labor Day)
f. The eleventh day of November (Veterans Day)
g. The fourth Thursday of November (Thanksgiving Day)
h. The twenty-fifth day of December (Christmas Day)
i. One-half of a regular workday on the twenty-fourth
day of December (Christmas Day) except when Christmas
Eve falls on a Friday, Saturday or Sunday.
j. A flexible personal holiday (to be taken as a personal,
national, religious or other holiday the City does not
observe, in accordance with the Flexible Holiday Policy).
When any of the holidays renumerated in "a" through "h" above
fall on a Saturday, the Friday next preceding such a day shall be a
holiday.
When any of the holidays renumberated in "a" through "h"
fall on a Sunday, the Monday next following such day shall be a holiday.
Part-time employees shall receive time off with pay for the
proportionate part of the day which would have normally been worked.
Adopted by the Council of the City of Virginia Beach, Virginia,
on the Eighth day of January, 1979.
- 4 7 -
ITEM #13197
(ITEM VIII)
On motion by Councilwoman Oberndorf, seconded by Councilman Payne, City
Council voted to APPROVE the Ordinance amending Chapter 2 of the Code of
the City of Virginia Beach by adding Section 2-26.1 relating to the
distribution and sale of the city code.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, 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 Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
F. Reid Ervin
- 4 8-
Requested by: City Manager/Pub l ic In f ormat ion of f icer
AN ORDINANCE AMENDING CHAPTER 2
OF THE CODE OF THE CITY OF VIRGINIA
BEACH BY ADDING SECTION 2-26.1 RELATING
TO THE DISTRIBUTION AND SALE OF THE
CITY CODE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINLA
BEACH, VIRGINIA:
Section 1. That the City Code may be distributed to all
the Courts, City Departments and Agencies of the City government by
the Public Information Officer free of charge.
Section 2. That the City Manager is authorized to sell to
any person desiring copies of said Code at the following prices:
INITIAL BOUND VOLUMES $30.00
SUPPLEMENTS
1 - 100 pages $ 5.00
10 0 - 200 pages $ 9. 0 0
200 - 300 pages $ 1 3 . 0 0
30 0 - 40 0 pages $ 1 7 . 0 0
400 - 500 pages $21.00
500 - 600 pages $25.00
600 - 700 pages $29.00
70 0 - 800 pages $ 3 3 . 0 0
Adopted by the Council of the City of Virginia Beach, Virginia,
on the Eighth day of January, 1979.
- 4 9-
RESOLUTIONS ITEM #13198
(ITEM VIII)
On motion by Councilwoman Oberndorf, seconded by Councilman Ferrell,
City Council voted to ADOPT the Resolution requesting the Postmaster
General to make arrangements in the Central Mail Processing Facility
scheduled for Tidewater Virginia to allow for a local postmark for
all localities whose mail is processed at that facility.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, 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 Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
F. Reid Ervin
- 50 -
R E S 0 L U T I 0 N
WHEREAS, the Postmaster General has indicated that a new
Central Mail Processing Facility has been approved for the Tidewater
area; and,
WHEREAS, this facility will save money for the U. S.
Postal Service and offer better control over the volumes of mail
generated in Tidewater Virginia; and,
WHEREAS, certain existing Central Mail Facilities such as
the one in Northern Virginia process all mail generated in surrounding
localities with one postmark and thereby eliminate the locality's
individual postmark identity; and,
WHEREAS, over 150,000 pieces of mail are generated in
Virginia Beach each day carrying a Virginia Beach postmark, which is
valuable toward maintaining and projecting our identity throughout the
Country and the World; and,
WHEREAS, the elimination of a local postmark could be
detrimental to the economy of Virginia Beach.
NOW, THEREFORE, BE IT RESOLVED, by the Council of the City
of Virginia Beach, that the Postmaster General is requested to make
arrangements in the Central Mail Processing Facility scheduled for
Tidewater Virginia to ensure that all mail emanating from each
locality served by the facility is processed with a local postmark.
Adopted by the Council of the City of Virginia Beach, Virginia,
on the Eighth day of January, 1979.
- 51-
OLD BUSINESS: 1TEM #13199
(ITEM IX)
On motion by Vice Mayor McCoy, seconded by Councilman Holland, City
Council voted to AMEND the Minutes of October 24, 1977, regarding
the application of HERMITAGE-ROSEMONT, LTD., (Carl M. Albero, Richard
Harold Holt, and Her ber t B. Davis, Jr.), to indicate that on ly the
two sides facing A-2 zoning would be required to have screen fencing
(East and South side), and the side with 0-1 zoning would not require
fencing (North side).
Voting: 10-0
Council Members Voting Aye:
John A. Baum, George R. Ferrell, Barbara M. Healey,
Clarence A. Holland, Vice Mayor 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:
F. Reid Ervin
- 5 3-
the traffic flow, time of day, etc. Dr. McCoy referred to the long
cycles of light on Virginia Beach Boulevard which is different from
the previous system. Mr. Payne called attention to the length of the
light at 31st and Pacific and suggested this light is approximately
two minutes which is too long for the winter time. Mr. Payne asked
the City Manager to give his attention to this matter.
Mrs. Oberndorf brought to the City Manager's attention another matter
of traffic which is the NO PARKING SIGNS which can be official or not
and no one knows the difference. Several suggestions were given as
to how and what can be done to make these signs official by applying
a decal seal, authorized by-line, etc. The City Manager agreed a decal
could be used but there was no patent on the decal. The City Manager
agreed to work out something.
Councilman Riggs reminded the City Manager of his request last Fall
concerning the lights at 21s and 2nd Streets between Atlantic and
Cypress Avenues. The City Manager answered he had recieved a recommend-
ation but that this had been received too late for today's agenda. He
further stated, the lights are justified and he has included the
necessary funds in the new budget. However, he expects to ask Council
for a special appropriation which, if honored, would allow the design
to be completed, the lights ordered and probably installed before July
when the new budget would be applicable. The estimated cost is about
$75,000. This matter will be presented to the City Council next week.
Doctor McCoy questioned the City Manager concerning the parking fees
which have been raised in North Virginia Beach and stated this could
not be applicable there without effecting the entire city.
The City Manager stated this would be City wide.
ITEM #13202
On motion by Councilman Riggs, seconded by Councilman Ferrell, and
by acclamation, the meeting adjourned.
R Hages @ith, City Cierk ayr Ptri L. Ttandi
City of Virginia Beach,
Virginia
January 8, 1979
b
1/8/79