HomeMy WebLinkAboutDECEMBER 17, 1979 MINUTES
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MUNICIPAL CENTER
VIRGINIA BEACH, VIRGINIA 23456
CITY OF VIRGINIA BEACH
MAYOR PATRICK L. STANDING, At Large
VICE MAYOR J. HENRY McCOY JR., D.D.S., Kempsville Borough
JOHN A. BAUM, Blackwater Borough
", REID ERVIN, At Large
EORGE R. FERRELL, At Large
ARBARA M. HENLEY. Pungo Borough
CLARENCE A. HOLLAND, M.D., Bayside Borough
DONALD W. MERRICK, Lynnhaven Borough
MEYERA E. OBERNDORF, At Large
J. CURTIS PA YNE, Princess Anne Borough
ROGER L. RIGGS, Virginia Beach Borough
RUTH HODGES SMITH, City Clerk
CITY COUNCIL AGENDA
ITEM I
INFORMAL SESSION: Monday, 17 December 1979 - 1:00 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. Electronic Voting System for Use in Virginia Beach
Council Chambers: Discussion of proposal.
2. 1980 Legislative Proposals: Discussion
3. Proposal Legislation on Coastal Zone Management:
Discussion
4. Changes in Certain Leave Policies: Discussion of
item on formal agenda.
5. Real Estate Disclosures: Reminder to Council that
real estate disclosures must be with the Clerk of
Circuit Court before January 1, 1980.
6. Mobile Trash Contianers in the Resort Commerical
Area: Discussion
7. Holland Road: Change of name of section which runs
through the Euclid area to Euclid Road.
8. Possible Resolution for Tidewater Regional Transit
Concerning Distribution of Federal Funds: Discussion
ITEM II
FORMAL SESSION: Monday, 17 December 1979 - 2:00 p.m.
A. INVOCATION - Father James Dorsan
Church of the Holy Family
B. PLEDGE OF ALLEGIANCE
C. ROLL CALL OF COUNCIL
D. MINUTES OF PREVIOUS MEETINGS
1. Motion to accept/approve the Minutes of 12 December 1979.
(Special Meeting)
2. Motion to accept/approve the Minutes of 10 December 1979.
E. RESOLUTIONS
1. Proclamation declaring December 24, 1979 as a full day
Holiday (Christmas Eve)
2. Resolution honoring Maysville Bailey Mills on her One-
Hundredth Birthday.
3. Resolution requesting the General Assembly to change our
Charter to allow real estate disclosure for Oceana noise
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ITEM II
E. RESOLUTIONS
4. Resolution endorsing the 1980 Legislative Package to
be presented for consideration by the 1980 Virginia
General Assembly.
F. AGREEMENTS
1. Bow Creek Golf Course and Recreation release the present
bonds and City Manager's issuing new bond with necessary
agreement.
G. PUBLIC HEARINGS - None
H. CONSENT AGENDA
All matters listed under the Consent Agenda are considered
to be routine by the City Council and will be enacted by
one motion in the form listed. There will be no separate
discussion of these items. If discussion is desired, that
item will be removed from the Consent Agenda and considered
separately.
I. Ordinance revlslng and updating Chapter 17 of the City
Code relating to litter control and refuse.
a. City Manager's letter recommends defeE~al for three
weeks.
2. Appointment of Mr. Michael T. Soberick, as requested by
Mr. J. Dale Bimson, City Attorney, to fill the posicion
of Assistant Citv Attorney, effective December I, 1979.
3. Ordinance appointing viewers in the application of C. S.
Yoder for the closure of a portion of a 20 foot alley
between 28th and 29th Streets and between Arctic Avenue
and Pacific Avenue (Virginia Beach Borough).
4. Ordinance authorizing the City Manager to execute an
agreement granting a certain right of way to the Virginia
Electric and Power Company to provide electric service to
the Francis Land House.
a. City Manager's letter recommends adoption.
5. Ordinance to amend and reordain Section 22-42 and 22-84.2
of the Code of Virginia Beach relating to motor vehicles.
a. City Manager's letter recommends adoption.
I. PLANNING ITEMS
I. Application of Alexander M. Salzberg for a variance to
Section 4.4(b) of the Subdivision Ordinance which re-
quires lot dimensions to conform to the CZO. He wishes
to subdivide a 7,990 square foot parcel located at the
southwest corner of 89th Street and Atlantic Avenue into
two lots. (Virginia Be'ach Borough).
b. City Manager's letter transmits the recommendation of
the Planning Commission for approval.
ITEM II
I. PLANNING ITEMS
2. Application of the City of Virginia Beach for changes
of zoning on Municipal parks as follows:
a. R-6 Residential District to P-I Preservation District
on property known as Bayville Farm (Bays ide Borough)
b. AG-I Agriculturial District to P-l Preservation Dis-
trict on property known as Munden Point Park (Pungo
Borough)
c. R-6 Residential District to P-l Preservation District
on property known as Bow Creek Park (Lynnhaven and
Princess Anne Boroughs)
d. R-5 Residential District to P-I Preservation District
on property known as Lynnhaven Park (Lynn haven Borough)
e. B-4 Resort-Commercial District to P-l Preservation Dis-
trict on property known as Lynnhaven Marina (Lynnhaven
Borough)
f. R-8 Residential District to P-l Preservation District
on property known as Woodstock Park (Kempsville Borough)
g. R-I Residential District and R-3 Residential District to
P-l Preservation District on property known as Great Neck
Park (Lynnhaven Borough)
1. City Manager's letter transmits the recommendation
of the Planning Commission for approval.
3. Application of Funland Corporation for a conditional use
permit for a minature golf course located on a 9.31 acre
parcel on the west side of General Booth Boulevard, north
of South Birdneck Road (Lynnhaven Borough).
a. City Manager's letter transmits the recommendation of
the Planning Commission for approval.
4. Application of Capricorn Associates, a Limited Partnership
in Virginia, for a conditional use permit for a borrow pit
on a 102.96 acre parcel located on the west side of Princess
Anne Road, south of Sandbridge Road (Princess Anne Borough).
a. City Manager's letter transmits the recommendation of the
Planning Commission for approval.
5. Application of Seawall Enterprises for a variance to
Section 4.4(b) of the Subdivision Ordinance which requires
lot dimensions to conform to the CZO. This 7,750 square
foot site is located on the south side of Ocean View Avenue
west of the Chesapeake Bay Bridge Tunnel and consists of two
lots. (Deferred on November 19, 1979)
a. City Manager's letter transmits the recommendation of the
Planning Commission for approval.
ITEM II
1. PLANNING ITEMS (continued)
6. Application of Seawall Enterprises for a conditional
use permit for dune disturbing activity on a .17 acre
parcel located on the south side of Ocean View Avenue,
west of the Chesapeake Bay Bridge Tunnel (Bayside Borough).
Deferred on November 19, 1979
a. City Manager's letter transmits the recommendation of
the Planning Commission for approval.
7. Application of Virginia Ventures, Inc., for a change of
zoning from R-5 Residential District to A-3 Apartment Dis-
trict on a 2.43 acre parcel located on the west side of
South Oriole Drive, south of Laskin Road (Lynnhaven Borough).
Deferred on November 19, 1979
a. City Manager's letter transmits the recommendation of
the Planning Commission for approval.
8. Application of George Holmes for a conditional use permit
for a home for the aged on a 1.5 acre parcel located at
the north east corner of Bonney Road and Budding Avenue
(Kempsville Borough)
a. City Manager's letter transmits the recommendation of
the Planning Commission for approval.
9. Application of Eugene and Christine Herman for a variance
to Section 4.4(b) of the Subdivision Ordinance which re-
quires lot dimensions to conform to the CZO. They wish to
subdivide an approximate 2.563-acre site located on the
west side of Lotus Drive, north of Sandbridge Road, into
two lots.
a. City Manager's letter transmits the recommendation of
the Planning Commission for denial.
NO SIGN POSTED
10. Application of Seawall Enterprises for a change of zoning
from R-8 Residential District to R-9 Residential Townhouse
District on two parcels, totaling 5.14 acres, located on
both sides of Northampton Boulevard, between Lauderdale
Avenue and Lookout Road - around the perimeter of Pleasure
House Lake (Bays ide Borough)
a. City Manager's letter transmits the recommendation of
the Planning Commission for denial.
NO SIGN POSTED
ll. Application of Kempsville Meadows, Inc., for a conditional
use permit for a self-service car wash on a .357 acre parcel
located on the south side of Holland Road, west of Edwin
Drive (Kempsville Borough)
a. City Manager's letter transmits the recommendation of
the Planning Commission for approval.
SIGN POSTED IMPROPERLY
ITEM II
1. PLANNING ITEMS (continued)
12. Application of Gary L. Nelson for the closure of a portion
of Garfield Avenue (Princess Anne Borough). Deferred on
November 26, 1979
a. City Manager's letter transmits the recommendation of
the Planning Commission for denial.
J. ORDINANCES
1. General - None
2. Appropriations
a. Second Readings
1. Ordinance to allocate an additional secretarial
position and related appropriations to the
Personnel Department.
2. Ordinance to appropriate $4,500 for the South-
eastern Virginia Areawide Model Program (SEVAMP)
3. Ordinance to appropriate $4,394 to the Planning
Council of the Tidewater Regional Hospice.
b. First Readings
1. Ordinance to allocate two permanent positions
for the Housing and Community Development
Office and transferring 5th Year Community
Development funds for that purpose.
2. Ordinance to appropriate $55,900 for the
acquisition of defibrillators for the Office
of Emergency Medical Services.
3. City Code Amendments
a. Ordinance to amend Section 2-34 of the City Code
relating to Adminsitration of the Basic Bay Plan.
b. Ordinance to amend and reordain Section 2-29 and
Section 2-30 of the Code of Virginia Beach relating
to administration of annual leave.
K. OLD BUSINESS
1. Council Matters
L. NEW BUSINESS
1. Council Matters
M. ADJOURNMENT
Minutes of the Honorable City Council
OF THE
CITY OF VIRGINIA BEACH, VIRGINIA
December 17, 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 Roof'l, in the Administration Building, on Monday,
December 17, 1979, at 1:00 p.m.
Council Members Present:
John A. Baum, George R. Ferrell, Barbara M. Henley,
Clarence A. Holland, Vice Mayor J. Henry McCoy,
Jr., Donald VJ. Merrick, Meyera E. Oberndorf, J.
Curtis Payne, Roger L. Riggs, and Mayor Patrick L.
Standing
Council Meumers Absent:
F. Reid Ervin*
ITEM #14572
f1ayor Standing entertained a motion to permit Council to conduct
an INFORMAL SESSION to be followed by an EXECUTIVE SESSIOl~ 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 briefing by staff
meniliers, 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 Ferrell, seconded by Councilman Holland,
City Council voted to proceed into the EXECUTIVE SESSION following
the INFORMAL SESSION.
Voting: 10-0
John A. Baum, George R. Ferrell, Barbara M. Henley,
Clarence A. Holland, Vice Mayor J. Henry McCoy,
Jr., Donald H. Merrick, Meyera E. Oberndorf, J.
Curtis Payne, Roger L. Riggs, and Mayor Patrick L.
Standing
Council Meumers Voting Nay:
None
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Council Members Absent:
F. Reid Ervin
*COUNCILMAN ERVIN ENTERED MEETING AT 1:05 p.m.
ITEM #14573
Councilman Payne discussed with Council the following Resolution
and requested it be placed on the FORMAL AGENDA of today's meeting
(December 17, 1979) for further discussion and Council action:
RES 0 L UTI 0 N
WHEREAS, the City of Virginia Beach is a member jurisdiction
of the Tidewater Transportation District Commissionj and,
WHEREAS, the Tidewater Transportation District Commission has
filed an application with the Urban Mass Transportation Administration
for UMTA Section 5 operating funds for FY 80; and,
HHEREAS, action on this application for funding is being
delayed due to the Amalgamated Transit Union's refusal to recommend
that the United States Department of Labor issue the clearance of a
previously-signed Section 13 C. Labor Protection Agreement; and,
VJIIEREAS, continued delays may result in a suspension of
transit service regionwide.
NOH, THEREFORE, BE IT RESOLVED by the City of Virginia
Beach, that the United States Department of Labor is hereby requested
to forward that Section 13 C. clearance to the Urban Mass Transportation
Administration expeditiously in order to assure uninterrupted transit
service to the citizens of Tidewater.
ITEM #14574
Vice Mayor McCoy requested clarification with regards to the annual
reports from Boards and Commissions as requested by the City Council.
It was the consensus of Council that those Boards and/or Commissions
which Members of Council attend WILL NOT need to prepare an annual
report as they report to Council during the year.
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ITEM #14575
Mayor Standing reminded Council that December 3 = "1979 is the fifth
(5th) Monday in the monthi therefore, there will be no night Council
meeting.
ITEM #14576
The City Manager indicated he and the City Clerk have discussed
with several firms the Electronic Voting System for use in the
Council Chambers. The firm selected is Daktronics, Incorporated,
in Brookings, South Dakota. The approximate cost is $9,200, with
installation within sixty (60) days.
ITEM #14577
The City Manager discussed with Council the proposed 1980 Legislative
Package.
This matter will be brought before Council ln the FORMAL SESSION
for discussion and vote.
ITEM #14578
The City Manager discussed with Council the proposed Legislation
on Coastal Zone Management, and requested amendments to the Wet-
lands Act.
This matter will be brought before Council ln the FORMAL SESSION
for discussion and vote.
ITEM #14579
The City Manager discussed with Council the Ordinance to amend and
reordain Sections 2-29 and 2-30 of the Code of the City of Virginia
Beach, Virginia, relating to the administration of annual leave.
This matter will be brought before Council in the FORMAL SESSION
for discussion and vote.
ITEM #14580
The City Manager reminded Council that Real Estate Disclosures must
be filed with the Clerk of the Circuit Court before January 1, 19
It was noted all Members of Council have filed their disclosure
forms.
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ITEM #14581
The City Manager discussed with Council Mobile Trash Containers ln
the Resort Commercial area.
Mr. P. Wade Kyle, Solid Waste Administrator, presented a slide
presented to Council regarding the above matter.
ITEM #14582
The Ci ty Manager presented to Council the new Planning Comrn;ssion
and Ci ty Council signs with regards to changes of zoning and con-
ditional use permits.
The signs are International Orange with black letters.
ITEM #14583
The Planning Director discussed with Council the proposed name
change for Holland Road in the following areas:
(a) Best Products to Virginia Beach Boulevard -
change name to EucJid Drive;
(b) Cul de sac behind Bonney Road to the Shell
Supply - permit residents in area to name
street; and,
(c) Twin Drive In past Edwin Drive - change
nane to Independence Boulevard
The proposed name changes will become effective ln May of 1981.
City Council recessed to the EXECUTIVE SESSION, (2:00 p.m.), for
briefing prior to the FORMAL SESSION in the Council Chambers.
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FORMAL SESSION
ITEM #14584
Monday, December 17, 1979
2:10 p.m.
Council Merooers Present:
John A. Baum, F. Reid Ervin, George R. Ferrell,
Clarence A. Holland, Vice Mayor J. Henry McCoy,
Jr., Donald W. Merrick, Meyera E. Oberndorf, J.
Curtis Payne, Roger L. Riggsl and Mayor Patrick
L. Standing
Council Members Absent:
Barbara M. Henley*
INVOCATION was glven by Father James Dorsanl Church of the Holy
Family.
PLEDGE OF ALLEGIANCE
(ITEM II-D.l)
ITEM #14585
MINUTES-REGULAR
On motion by Councilman Ferrell seconded by Councilman Payne, City
Council voted to APPROVE the Minutes of the Regular Meeting of
December 10, 1979.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, George R. Ferrell,
Clarence A. Holland, Vice Mayor J. Henry McCoy,
Jr., Donald VJ. Merrick, Meyera E. Oberndorf, J.
Curtis Payne, Roger L. Riggs, and Mayor Patrick
L. Standing
Council Meniliers Voting Nay:
None
Council Menmers Absent:
Barbara M. Henley
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(ITEM II-D.2)
ITEM #14586
MINUTES-SPECIAL
On motion by Councilman Payne, seconded by Councilman Baum, City
Council voted to APPROVE the Minutes of the Special Meeting of
December 121 1979, reference acceptance of $16.8 Million Bonds.
Voting: 7-0
Council Members Voting Aye:
John A. Bauml F. Reid Ervin, George R. Ferrell,
Clarence A. Holland, Vice Mayor J. Henry McCoy,
Jr., J. Curtis Payne, and Mayor Patrick L.
Standing
Council Members Voting Nay:
None
Council Members Abstaining:
Donald W. Merrick, Meyera E. Oberndorf, and
Roger L. Riggs
Council Members Absent:
Barbara M. Henley
(ITEM II-E.)
ITEM #14587
RESOLUTION
*COUNCILWOMAN HENLEY ENTERED COUNCIL CHAMBERS AT 2:18 p.m.
On motion by Councilman Payne, seconded by Councilman Baum, City
Council voted to ADOPT the following Ordinance requesting the
United States Department of Labor to forward the Section 13 C.
clearance to the Urban Mass Transportation Administration (UMTA)
expeditiously in order to assure uninterrupted transit service
to the citizens of Tidewater:
RES 0 L UTI 0 N
WHEREAS, the City of Virginia Beach is a member jurisdiction
of the Tidewater Transportation District Commissioni and,
WHEREAS, the Tidewater Transportation District Commission
has filed an application with the Urban Mass Transportation Admin-
istration for UMTA Section 5 Operating Funds for FY 1980; and,
1 2} 1 71 79
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WHEREAS, action on this application for funding is being
delayed due to the Amalgamated Transit Union's refusal to recommend
that the United States Department of Labor issue the clearance of a
previously-signed Section 13 C. Labor Protection Agreementj and,
WHEREAS, continued delays may result in a suspension of
transit service region wide.
NOW, THEREFORE, BE I~ RESOLVED by the City of Virginia
Beach, Virginia, that the United States Department of Labor is
hereby requested to forward the Section 13 C. clearance to the
Urban Mass Transportation Administration expeditiously in order
to assure uninterrupted transit service to the citizens of
Tidewater.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the Seventeenth day of
December
, 1979.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, George R. Ferrell,
Barbara M. Henley, Clarence A. Holland, Vice
Mayor J. Henry McCoy, Jr., Donald W. Merrick,
Meyera E. Oberndorf, J. Curtis Payne, Roger L.
Riggs, and Mayor Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
None
1 21 1 71 7 9
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(ITEM II-E.l)
ITEJ'1 #14588
PRO C LAM A T ION
WHEREAS, The City of Virginia Beach Code allows an annual one-half
day holiday on Christmas Eve; and,
WHEREAS, Respecting the energy crisis, as well as the fact that
Christmas Eve 1979 is a Monday; and,
WHEREAS, The power invested ln the Office of Mayor allows his
discretion.
NOW, THEREFORE, BE IT RESOLVED, That I, Patrick L. Standing, Mayor
of the City of Virginia Beach, do hereby declare the date
of December 24, 1979:
A Full Holiday: Christmas Eve
IN WITNESS HHEREOF, I have here unto set my hand and seal this
Seventeenth Day of Decerooer, Nineteen Hundred Seventy-
Nine.
The Honorable Patrick L. Standing
Mayor
City of Virginia Beach
On motion by Councilman Riggs, seconded by Councilman Merrick, City
Council voted to ADOPT the above Proclamation declaring the
date of December 24, 1979, as a Full Holiday: Christmas Eve.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, George R. Ferrell,
Barbara M. Henley, Clarence A. Holland, Vice
Mayor J. Henry McCoy, Jr., Donald W. Merrick,
Meyera E. Oberndorf, J. Curtis Payne, Roger L.
Riggs, and Mayor Patrick L. Standing
Council Members Voting Nay:
None
1 21 1 71 7 9
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Council Members Absent:
None
(ITEM II-E.2)
ITEM #14589
RES 0 L UTI 0 N
MAYSVILLE BAILEY MILLS
ONE-HUNDREDTH BIRTHDAY
VJHEREAS, MAYSVILLE BAILEY was born December 30, 1879, in
a one-room house on the Lynnhaven River, in the Little Neck area
of Princess Anne County; lived in this area all her One Hundred
years, having married George Henry Mills, July 21, 1901; and,
WHEREAS, MAYSVILLE BAILEY MILLS, can reflect upon her
One Hundred years, a century, many historical reflections: Shortly
before her birth her family's home was destroyed in a hurricane which
took all their family possessions. Her father rebuilt their home
using doors found on the beach from an old shipwreck. In 1911, the
family occupied "The Burgess House", which still stands in Kings
Grant. Near her home a large pine tree was used to post important
community notices, such as sales, and was known as the "pine Sign."
It still stands, a healthy living was maintained from the Lynnhaven
River where she, herself, enjoyed fishing from a rowboat until only
a few years ago. Her education was in a one-room school building,
which now houses John's T V Company, on Virginia Beach Boulevard;
and,
WHEREAS, good health and a busy life have contributed to
her longevity, her keen mind and pleasant memories, MAYSVILLE BAILEY
MILLS, proudly recommends the "rough and tough". Of six children,
four are living and she has twelve grandchildren, eighteen great-
grand children, and six great-great-grandchildren.
NOW, THEREFORE, BE IT RESOLVED, That I, Patrick L.
Standing, Mayor of the City of Virginia Beach, ln behalf of the
1 21 I 71 7 9
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Members of City Council, recognize and pay tribute to MRS. MAYSVILLE
BAILEY MILLS, as a distinguished citizen and we hereby express our
honor and respect in extending Best Wishes for her One Hundredth
Birthday on December 30, 1979.
BE IT FURTHER RESOLVED, That the City Clerk be instructed
to enter a copy of this Resolution into the Minutes of this Regular
Formal Session of City Council, this Seventeenth day of December,
Nineteen Hundred Seventy-Nine.
Given under my hand and seal this Seventeenth day of
December, Nineteen Hundred Seventy-Nine.
The Honorable Patrick L. Standing
Mayor
City of Virginia Beach
On motion by Councilman Ferrell, seconded by Councilman Payne, City
Council voted to ADOPT the above Resolution honoring Maysville Bailey
Mills on her One-Hundredth Birthday.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, George R. Ferrell,
Barbara M. Henley, Clarence A. Holland, Vice
Mayor J. Henry McCoy, Jr., Donald W. Merrick,
Meyera E. Oberndorf, J. Curtis Payne, Roger L.
Riggs, and Mayor Patrick L. Standing
Council Members Voting Nay:
None
Council Menmers Absent:
None
12/17/79
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(ITEM LL-E.3)
ITEM #14590
The City Clerk read the following Notice of Public Hearing:
RES 0 L UTI 0 N
WHEREAS, it is the opinion of the majority of the Council
of the City of Virginia Beach, Virginia, that certain changes need
to be made to the Charter of the City of Virginia Beach; and,
WHEREAS, a public hearing on the proposed Charter amend-
ment was held at 1:00 p.m., or as soon thereafter as possible, on
the 17th day of December, 1979, pursuant to Section 15.1-902 of the
Code of Virginia, 1950, as amended, and the City Clerk gave notice
of such public hearing and the proposed amendment at least ten (10)
days prior to such hearing by publication in a newspaper of general
circulation in the City; and,
WHEREAS, ln order to make the proposed change, legislative
action is required by the General Assembly of Virginia.
THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
That the General Assembly of Virginia is requested to
make the following changes to the aforesaid Charter:
AN ACT TO AMEND CHAPTER 147, AS AMENDED,
OF THE ACTS OF ASSEMBLY OF 1962, WHICH
PROVIDES A CHARTER FOR THE CITY OF
VIRGINIA BEACH, VIRGINIA, BY AMENDING
CHAPTER 2 OF THE CHARTER OF THE CITY
OF VIRGINIA BEACH PERTAINING TO POWERS
OF THE CITY.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF VIRGINIA:
That Chapter 2 of the Charter of the City of Virginia Beach,
Virginia, is hereby amended as follows:
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Section 2.02. Additional Powers
(f) The Authority to adopt real estate disclosure
Ordinances: To enact Ordinances requiring the dissemination of
information to prospective buyers of housing units and/or real
property within the boundaries of the City of Virginia Beach,
Virginia.
There being no citizen wishing to speak on the above Public Hearing,
the City Clerk called for the Resolution adopting the Charter change.
On motion by Councilman Ervin, seconded by Councilman Baum, City
Council voted to ADOPT the following Resolution requesting the
General Assembly of Virginia to make the following changes to the
aforesaid Charter:
AN ACT TO AMEND CHAPTER 147, AS AMENDED,
OF THE ACTS OF ASSEMBLY OF 1962, WHICH
PROVIDES A CHARTER FOR THE CITY OF VIRGINIA
BEACH, VIRGINIA, BY ~lENDING CHAPTER 2 OF
THE CHARTER OF THE CITY OF VIRGINIA BEACH
PERTAINING TO POWERS OF THE CITY.
Voting:
11-0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, George R. Ferrell,
Barbara M. Henley, Clarence A. Holland, Vice
Mayor J. Henry McCoy, Jr., Donald W. Merrick,
Meyera E. Oberndorf, J. Curtis Payne, Roger L.
Riggs, and Mayor Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
None
121 1 71 7 9
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At a
V ir gin ia,
Municipal
1979.
regular meeting of the Council of the City of Virginia Beach,
held in Council Chambers in the Administration Building. at the
Center, Virginia Beach, Virginia, on the 17th day of December,
On Motion of Councilman Ervin, and seconded by Councilman Baum,
the following Resolution was adopted.
."....'l!
RES 0 L UTI 0 N
--'"..,'l'!l
WHEREAS, it is the opinion of the majority of the Council of the
City of Virginia Beach, Virginia, that certain changes need to be made
to the Charter of the City of Virginia Beach; and,
WHEREAS, a public hearing on the proposed Charter amendment was
held at 1:00 p.m., or as soon thereafter as possible, on the 17th
day of December, 1979, pursuant to Section 15.1-902 of the Code of
Virginia, 1950, as amended, and the City Clerk gave notice of such
public hearing and the proposed amendment at least ten (10) days prior
to such hearing by publication in a newspaper of general circulation
'" ;,n the City; and,
WHEREAS, in order to make the proposed change, legislative action
.. .s required by the General Assembly of Virginia.
THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That the General Assembly of Virginia is requested to make the
following changes to the aforesaid Charter:
AN ACT TO AMEND CHAPTER 147, AS AMENDED, OF
THE ACTS OF ASSEMBLY OF 1962, WHICH PROVIDES
A CHARTER FOR THE CITY OF VIRGINIA BEACH,
VIRGINIA, BY AMENDING CHAPTER 2 OF THE CHARTER
OF THE CITY OF VIRGINIA BEACH PERTAINING TO
POWERS OF THE CITY.
... .
BE IT ENACTED BY THE GENERAL ASSEMBLY OF VIRGINIA:
That Chapter 2 of the Charter of the City of Virginia Beach,
...,;,
virginia, is hereby amended as follows:
'....1'''7/,(\
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(ITEM II-E.4)
ITEM #14591
Councilwoman Henley requested the following for the Legislative
Package:
"The General Assembly shall provide for a
procedure whereby every elective public
official of the Commonwealth or of any
County, City, or Town may be removed from
office by the eligible voters."
On motion by Councilwoman Henley, seconded by Hayor Standing, City
Council voted to add Number Twenty-five (25) dealing with "Recall"
and that we include opposition to the proposed Charter change as
proposed to the Council by Senator Joseph Fitzpatrick last week
(December 10, 1979); and, the Council endorse the points made in
the letter which Councilwoman Henley sent to Council (and which
will be made a part of these proceedings).
Voting: 11-0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, George R. Ferrell
Barbara M. Henley, Clarence A. Holland, Vice
Mayor J. Henry McCoy, Jr., Donald W. Merrick,
Meyera E. Oberndorf, J. Curtis Payne, Roger L.
Riggs, and Mayor Patrick L. Standing
Council Members Voting Nay:
Hone
Council Members Absent:
None
( I TE M I I - E . 4 a)
ITEM #14591(a)
Vice Mayor McCoy made a motion, seconded by Councilman Holland, to
ADOPT the following Resolution and Legislative Package with the
addition of item number twenty-five (25), as offered by Councilwoman
Henley.
Councilman Merrick offered a SUBSTITUTE MOTION, seconded by Council-
woman Henley, to ADOPT the Resolution and Legislative Package with
the DELETION of the last sentence in Proposal number two (2)-Increased
State Funding for Local Highway Maintenance.
1 21 1 7 I 7 9
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December 13, 1979
The Honorable Mayor
Members of the Council
Dear Council Members:
At Our December 10, 1979, meeting with our legislators, Senator
Fitzpatrick indicated that he will introduce, during the coming General
Assembly, session, a Charter change for Virginia Beach dealing with
recall.
I infer from our discussion on that day, and subsequent
conversations with some Council Members, that most of you share my
concern with the proposed recall provisions. Primarily, those concerns
are: (1) explicit grounds for recall are not specified in the proposed
Charter procedure, leaving recall open to use simply because of
dissatisfaction with a Council Member's vote on a single issue; (2) the
number of petitioners necessary to begin recall proceedings is too low,
again paving the way for Council Members to be faced with writing "a
defensive statement not exceeding two-hundred words" with regularity,
given the high number of controversial issues on which we must cast a
decision; and, (3) the proposed Charter change singles out the City Council
of Virginia Beach for possible recall without like recall procedures being
established for all other elected officials in the State and locality.
I would not oppose a recall provision for which the aforementioned
concerns are reasonably provided, I, therefore, respectfully submit the
following suggestions for your consideration and discussion when we consider
the legislative package on Monday.
Senate Joint Resolution Number 129 (attached), offered for consideration
last session, with Senators Canada, Miller, and Goode, and Delegate McClanan
as patrons, provided the following amendment to Section 4 of Article II of
the Constitution of Virginia: "The ,General Assembly shall provide for a
procedure whereby every elective public official of the Commonwealth or of
any County, City or Town may be removed from office by the eligible voters."
I would suggest similar language with the "or" changed to "and."
The Resolution did not suggest the "procedure" which would be established.
I submit that any procedure should specify just cause for removal from office,
such as that which is written in Article IV, Section 17 dealing with
impeachment ("malfeasance in office, corruption, neglect of duty, or other
high crime or misdemeanor. . "). Means by which an elected official
shall be proven guilty of such offenses should also be specified.
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The Honorable Mayor
Members of the Council
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December 13, 1979
Further, the procedure should establish the minimum number of
petitioners necessary to require a recall election. Senate Joint
Resolution Number 129, in addressing the matter of voter initiative,
specified that the number of signatures may be "equal in number to
no less than twenty per centum of the number of persons voting in
that County, City or Town in the last gubernatorial election." This
seems to be a reasonable provision to apply to recall.
I offer this information to serve as a basis for discussion
on Monday. I do think that, since the matter of recall has been
introduced, we should give it careful consideration and attempt
to arrive at a reasonable, responsible position on the issue.
S in c ere 1 y ,
Isl Barbara M. Henley
Barbara Murden Henley
Councilwoman
BMH: kdf
Attachment
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LD5563l0S
SENATE JOINT RESOLUTION NO. 129
Offered January 16, 1979
Proposing amendments to Section 4 of Article II and to Section I of
Article IV of the Constitution of Virginia, and proposing to
amend Article VII by adding a Section Numbered 11, relating to
the recall of public officers, the vesting of the legislative
power of the Commonwealth, and the vesting of the legislative
power of local governments, respectively.
Patrons-Canada-Miller-and-Goode; Delegate: McClanan
Referred to the Committee on Privileges and Elections
RESOLVED by the Senate, the House of Delegates concurring, a majority
~f the members elected to each House agreeing, That the following amendments
to the Constitution of Virginia be, and the same hereby are, proposed and
refereed to the General Assembly at its first regular session held the
next general election of the members of the House of Delegates for its
concurrence in conformity with the provisions of Section 1 of Article
XII of the Constitution of Virginia; namely:
Amend Section 4 of Article II of the Constitution of Virginia as
follows:
Section 4.
Powers and duties of General Assembly.-The General Assembly
shall establish a uniform system for permanent registration of voters
pursuant to this Constitution, including provisions for appeal by any
persons who apply to register to vote in the Commonwealth.
The General
Assembly shall provide for maintenance of accurate and current registration
records and shall provide for cancellation of the registration of any voter
who has not voted at least once during four consecutive calendar years.
The General Assembly may provide for registration and voting by
absentee application and ballot for members of the Armed Forces of the
United States in active service, persons residing temporarily outside of
the United States by virtue of their employment, and their spouses and
dependents residing with such persons, who are otherwise qualified to
vote, and may provide for voting by absentee ballot
for other qualified
voters.
1 21 1 71 7 9
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The General Assembly shall provide for a procedure whereby every
elective public official of the Commonwealth or of any County, City
Town may be removed from office by the eligible voters.
The General Assembly shall provide for the nomination of candidates,
shall regulate the time, place, manner, conduct, and administration of
primary, general, and special elections, and shall have power to make
any law regulating elections not inconsistent with this Constitution.
Amend Section 1 of Article IV of the Constitution as follows:
Section 1.
Legislative power.-The legislative power of the
Commonwealth shall be vested in a General Assembly, which shall consist
of a Senate and House of Delegates.
The General Assembly shall, however, provide by general law for
the exercise, by the qualified electors of the Commonwealth, of the
power to propose items of general law, and to subsequently adopt or
reject such at the polls. Such power shall be exerciced independently
of the legislature and only upon the presentation of the State Board
Elections of petitions bearing the signatures of qualified electors
in each Congressional District equal in number to no less than twenty
per centum of the number of persons voting in each such Congressional
District in the last gubernatorial election.
Before placing any such
item on the ballot, the State Board of Elections shall request a formal
opinion from the Attorney General as to its compliance with the
Constitutions of the United States and the Commonwealth of Virginia.
Such opinion shall not prevent the item from appearing on the ballot.
Amend Article VII by adding a Section Numbered 11 as follows:
Section 11.
Voter initiative.-Notwithstanding any other provision
of this Article, the qualified voters of any County, City or Town may
exercise the power to propose items of general law, and to subsequently
adopt or reject such at the polls.
Such power shall be exerciced
independently of the governing body and only upon the presentation to the
appropriate general registrar of petitions bearing the signatures of
qualified electors of the City, City or Town, as the case may be, equal
in number to no less than twenty per centum of the number of persons voting
in that County, City or Town in the last gubernatorial election.
Before
placing any such item on the ballot, the general registrat shall request
a formal opinion from the Attorney General as to its compliance with
the Constitutions of the United States and the Commonwealth of Virginia.
Such opinion shall not prevent the item from appearing on the ballot.
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Recommendation:
"The Virginia General Assembly should increase
highway maintenance payments to localities to
cover the total actual cost of maintenance. In
order to adequately finance State highway
maintenance and construction, the General Assembly
should modernize the gasoline tax by converting it
to a percentage of the retail sales price of
gasoline rather than a fixed amount per gallon."
Deletion:
"IN ORDER TO ADEQUATELY FINANCE STATE HIGHWAY
MAINTENANCE AND CONSTRUCTION, THE GENERAL
ASSEMBLY SHOULD MODERNIZE THE GASOLINE TAX
BY CONVERTING IT TO A PERCENTAGE OF THE
RETAIL SALES PRICE OF GASOLINE RATHER THAN
A FIXED AMOUNT PER GALLON."
THE RECORDED VOTE ON THE SUBSTITUTE MOTION IS AS FOLLOWS:
Voting: 4-7
Council Members Voting Aye:
(for Substitute Motion)
George R. Ferrell, Barbara M. Henley, Donald
W. Merrick, and Meyer~ E. Oberndorf
Council Members Voting Nay:
John A. Baum, F. Reid Ervin, Clarence A. Holland,
Vice Mayor J. Henry McCoy, Jr., J. Curtis Payne,
Roger L. Riggs, and Mayor Patrick L. Standing
Council Members Absent:
None
THE ABOVE MOTION TO DELETE THE LAST SENTENCE OF PROPOSAL NUMBER TWO
(2)-INCREASED STATE FUNDING FOR LOCAL HIGHWAY MAINTENANCE, WAS LOST.
THE RECORDED VOTE ON THE MAIN MOTION IS AS FOLLOWS:
Voting: 11-0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, George R. Ferrell,
Barbara M. Henley, Clarence A. Holland, Vice
Mayor J. Henry McCoy, Jr., Donald W. Merrick,
Meyera E. Oberndorf, J. Curtis Payne, Roger L.
Riggs, and Mayor Patrick L. Standing
1 2/ 1 71 7 9
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Council Members Voting Nay:
None
Council Members Absent:
None
City Council voted to ADOPT the following Resolution and Legislative
Package with the addition of itef'l #25, as offered by Councilwoman
Henley:
"The General Assembly shall provide for a
procedure whereby every elective public
official of the Commonwealth or of any
Coun ty, Ci -ty, or Town may be removed from
office by the eligible voters."
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 17th day of December,
1979.
On motion by Vice Mayor McCoy, seconded by Councilman
Holland, the following Resolution was adopted.
RES 0 L UTI 0 N
HHEREAS, the Council of the City of Virginia Beach,
Virginia, has reviewed the presentation of certain Legislative
Proposals as presentedj and,
WHEREAS, after due consideration the Council is of the
oplnlon that certain proposals would be beneficial to the citizens
of this City and bring about a more effective and efficient local
government.
THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA:
That the document attached and marked "EXHIBIT A" is
hereby endorsed by said Council as the City's official Legislative
requests and recommendations for the 1980 General Assembly session.
The City Clerk is directed to forward a copy of this
Resolution and exhibit to each member of the General Assembly
121 17/ 79
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representing the City of Virginia Beach, Virginia, in the 1980
Session of the General Assembly of Virginia.
Adopted by the Council of the City of Virginia Beach, Virginia,
on the Seventeenth day of December, 1979
LEGISLATIVE PACKAGE
1. Full Funding for State Aid to Localities
Comment:
The 1979 Virginia General Assembly enacted House Bill
599, which would provide State Aid to localities for all Common-
wealth's Attorneys' salaries and expenses, all Circuit Court Judges'
salaries, 75% of indigent persons' hospitalization costs, all Sheriff's
Department costs, and certain Police Department costs. This legislation
goes into effect July 1, 1980; and, if fully funded, Virginia Beach
expects to receive approximately $3.5-Million during the 1980-81 fiscal
year and approximately $4-Million in the 1981-82 fiscal year. This
State funding will help the Virginia Beach City Council offset the
local cost of these vital services.
Recommendation:
It is recommended that the Virginia General Assembly
provide funding during the 1980-82 biennium for the State aid to
localities package (House Bill 599), as enacted by the General
Assembly in 1979. Full funding should be provided with no special
requirements as to how the money be spent, except those already
provided in House Bill 599.
1 2/ 1 7/ 7 9
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2. Increased State Funding for Local Highway Maintenance
Comment:
In 1972-73, it cost $2,911 per lane mile to maintain
highways in Virginia Beach. State maintenance payments at that
time equalled $1,621 per lane mile. In 1978-79, it cost $3,420
per lane mile to maintain the highways, while State maintenance
payments totaled $1,578 per lane mile. The increasing gap between
State maintenance payments and actual maintenance costs was some-
what offset by the 1979 General Assembly, which increased the lane
mile payments for State highway maintenance. However, in 1979-80,
it is anticipated to cost $3,865 per lane mile to maintain highways
in Virginia Beach, and even with the increase in highway maintenance
payments, the City will only receive an average of $2,365 per lane
mile from the State. Though the State increased maintenance payments
by approximately 50%; between 1972 and 1979, the total cost of highway
maintenance increased 71.39% due to inflation. During this same
period, resurfacing costs alone increased 61%.
Recent comments by the Deputy State Highway Commissioner
indicate that there is a trend toward decreased usage of fuel through-
out the State, which could produce a broad cut-back in the State's
highway construction program during the mid and late 1980's. State
Law specifies that the Highway and Transportation Department must
fund all highway maintenance first before construction of new high-
ways begins. While maintenance projects once took about 16% of the
Highway Department's budget, they now take approximately 25%. With
increased highway maintenance expenses being experienced by both the
State and localities, and reduced traffic volumes on Virginia's
highways, increased highway funding sources are sorely needed.
Recommendation:
The Virginia General Assembly should increase highway
maintenance payments to localities to cover the total actual cost
of maintenance. In order to adequately finance State highway
maintenance and construction, the General Assembly should modernize
the gasoline tax by converting it to a percentage of the retail sales
price of gasoline rather than a fixed amount per gallon.
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3. Sand Replenishment Budget Request
Comment:
Virginia Beach is the third fastest growing City in
the United States and the second largest City in the Commonwealth.
It has the only major resort beach in the State and attracts citizens
from throughout Virginia, the Eastern United States, and Canada. In
1978, over 2~ million tourists visited Virginia Beach, and it is
estimated they generated over $14-Million in State taxes, which were
re turned d irec t ly to the Commonwea 1 t h. For many year s, the beac h
has been subject to severe erosion threatening its recreational and
economic value. In an effort to stabilize the beach and thus encourage
the tourist industry, the City, State and Federal Governments have
participated in a sand replenishment program through the Virginia
Beach Erosion Commission, a State agency. A statement of receipts
and expenditures for the Virginia Beach Erosion Commission over the
past five years is listed below:
1974-75 1975-76 1976-77 1977-78 1978-79
Expenditures: $570,549.72 $599,527.16 $715,272.00 $647,037.88 $1,620,413.09
Receipts:
From the Federal
Government $110,768.83 $ 7 9, 746. 1 8 $126,336.55 $ 92, 20 3 . 86 $ 138,497.94
From the
Commonwealth $ 50,000.00 $ 50, 000.00 $ 50,000.00 $ 50,000.00 $ 150,000.00
From the City $409,780.89 $469,780.98 $538, 935.45 $ 50 4, 834.02 $1,331, 915.15
Tote Receipt $570,549.72 $ 5 99, 52 7 . 1 6 $715,272.00 $647,037.88 $1,620,413.09
Percen ta ge of Fund ing:
Federal 19.42% 13. 30 % 17.66% 14.25% 8.55%
Commonwealth 8.76% 8. 34 % 6.99% 7.73% 9.26%
Local 71.82% 78.36% 75.35% 78.02% 82.19%
Though, the Commonwealth's annual contribution was increased in 1978
from $50,000 to $150,000, it still contributes less than 10 percent of
the total cost of beach replenishment. The 1979 report of the Coastal
Erosion Abatement Commission states that there is a need for the
continual conservation, protection, improvement, development, and
maintenance of the State's beaches to sustain their recreational and
economic value. It further states that "There is a further need for
the State government to aid local governments in conserving, protecting,
improving, development, and maintaining these public beaches." Since
the oceanfront in Virginia Beach is enjoyed by all citizens of Virginia,
the Commonwealth should participate in its maintenance to a larger
degree.
Recommendation
The General Assembly should approve an appropriation for
the Virginia Beach Erosion Commission totaling $600,000 for the 1980-82
biennium or $300,000 in each year of the biennium. This would result
in the State and Federal Governments more closely approaching the
desirable level of a 50/50 split in total sand replenishment expenses
with the City.
1?/17/7Q
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4. State Aid for Public Libraries
Commen t :
Public libraries, while historically an integral part
of the State's mandate to provide education services, have not kept
pace with public schools in terms of State fiscal assistance. The
State's public libraries are essentially supported by local government,
with localities contributing 92% toward this support. The State
currently pays only 5% of the cost of public library services,
although libraries, through inter-library loan and automotion, are
a state-wide resource available to every citizen. In addition, many
of the public library resources are devoted to the public school
population in terms of supplementary courses materials and after
school hours research services.
By Virginia State Law, every qualifying public library
is given financial aid by formula. "Full Fund ing" means that the
full amount prescribed by this legally established formula is
actually appropriated by the legislature; that is, that appropriation
equals authorization. Specifically, in 1978-79, Virginia Beach was
eligible for $217,780 in State aid funds by received only $75,512.
Recommendation:
It is recommended that the General Assembly appropriate
funds for libraries up to the level already authorized by State Law;
that is, full funding of the State aid formula.
1?/17/7q
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5. Virginia Beach Museum of Marine Sciences
Comment:
The Virginia Beach Museum of Marine Sciences is a project
initiated by the City of Virginia Beach for the purpose of educating
the public about the nature of Virginia's marine environment. The
innovative exhibits to be housed in the 40,000 square foot facility
will feature live specimens, models, oceanographic research, and
developments in technology which are indigenous or pertinent to
Virginia's coastal waters. Since no facility exists in Virginia
which deals specifically with this most important natural and
economic resource, the museum will have a wide range of appeal to all
citizens and educational agencies throughout the State.
In 1978, the Virginia General Assembly appropriated $50,000
for this facility and together with funds from Virginia Beach, the
following has been accomplished to date: acquisition of a thirty-five
acre site, employment of the services of a museum consulting firm,
employment of a full-time direction, and completion of part of the
preliminary design work. The total cost of this project which
ex ten d s t h r 0 ugh 1 98 3, is est i ma t e d a t $ 4, 6 20, 000. A b rea kd 0 wn 0 f
the 1980-81 activities and costs is as follows:
1980
Site surveys and soil analysis
Preliminary architectural design
Exhibit design, research and development
Architectural constract documents
Other
$ 4,000.00
70,000.00
72,000.00
56, 000.00
8,000.00
$210,000.00
1981
Architectural contract documents
Exhibit contract documents
Initial building construction
Exhibit fabrication and installation
Other
$ 56,000.00
56,000.00
1,200,000.00
175,000.00
21,000.00
$1, 492, 000.00
Recommendation:
The General Assembly should approve an appropriation for
the Virginia Beach Museum of Marine Sciences, totaling $200,000 for
the 1980-82 biennium of $100,000 for each year of the biennium for
site preparation, architectural and exhibit design expenses.
1?/17/7q
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6. Increased Appropriation for Pendleton Child Service Center
Comment:
The Pendleton Child Service Center is a pre-delinquent
program for children six to twelve years old which serves the Cities
of Virginia Beach and Chesapeake. The children being treated are
those who have been identified as exhibiting behavior which, if not
corrected, will probably lead to delinquent behavior later in life.
The Program is made possible as a result of a joint
effort between the Commonwealth of Virginia, which deploys its
human service commissioners to serve on the Management Board of
the Pendleton Child Service Center, and the Cities of Virginia
Beach and Chesapeake. At the present time, the program is funded
by the City of Virginia Beach, the City of Chesapeake, Department
of Corrections, Comprehensive Mental Health and Mental Retardation,
Title XX and the General Assembly.
However, it is anticipated that Title XX funds will be
reduced or terminated as of June 30, 1980. In anticipation of this
termination, it is recommended that the General Assembly, who now
provide s d irec t fund in g on an as -req ue s ted ba s is, provide the se
funds as part of the City of Virginia Beach's Comprehensive
Legislative Plan.
Recommendation:
It is recommended that the General Assembly increase its
appropriation to the Pendleton Child Service Center from $60,000 per
year to $100,000 per year.
1 2/ 1 7/ 7 9
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7. Funding for Improvements to Camp Pendleton Beach
Comment:
In April 1979, the Virginia Department of Military
Affairs agreed to allow the City of Virginia Beach to operate a
public day-use beach at Camp Pendleton State Military Reservation
over a three-year period. As a part of this agreement, the City
intended to construct various permanent improvements to the beach
front site including a parking lot, perimeter fence, a walkway
across the dunes, and a restroom. The 1979 Virginia General
Assembly appropriated $125,000 for construction of these improvements.
However, these funds will only pay for the cost of the parking
lot, fence, and walkway. They will not be enough to construct a
restroom. It is estimated that a minimum of 1,200 people per day
will use the Pendleton Beach area and many others will be attracted
to the adjacent beaches. Therefore, it will be necessary to con-
struct a public restroom on the site and to bring in City water to
serve this facility.
Recommendation:
The Virginia General Assembly should appropriate $100,000
during the 1980-82 biennium to the Department of Military Affairs for
construction of a restroom at the Camp Pendleton public beach site
and to provide City water to serve this facility.
1 21 1 71 7 9
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8. Service Charge on Tax Exempt Property
Comment:
Section 58-16.2 of the Code of Virginia allows localities
to enact an Ordinance which would impose a service charge on certain
tax exempt properties within its boundaries for providing police and
fire protection and refuse collection and disposal services to the
property based on a specified formula using the local real estate
tax rate. However, the service charge cannot exceed 20% of that
rate. The Virginia Beach City Council has enacted a local Ordinance
imposing a service charge upon all State-owned property within the
City. This includes such areas as Tidewater Community College,
Seashore State Park, Camp Pendleton Military Reservation, and False
Cape State Park. With the maximum set at 20% of the local real estate
tax rate, Virginia Beach can expect to receive $130,012 in FY 1979-80.
However, the cost to provide police and fire protection, and refuse
c 0 11 e c t ion an d d is pas a 1 s e r vi c est 0 S tat e - 0 wn e d pro per tie s, as
determined by the formula, exceeds this amount. Also, the total
assessed valuation of these properties is $86,675,372, which represents
a real estate tax loss of $641,397.
In order to recoup more of the costs for servicing these
properties, and to offset a portion of the lost tax revenues, the
State imposed maximum should be increased from 20% to 50% of the real
estate tax rate. This would provide Virginia Beach with a service
charge revenue of $237,690. Because of the low real estate tax rate,
increases beyond the 50% ceiling would not produce additional service
charge revenues for Virginia Beach as determined by the formula.
Recommendation:
The General Assembly should amend Section 58-16.2 of the
Code of Virginia to allow the service charge for all State property
to be imposed up to a maximum of 50% of the local real estate tax
rate. This is the maximum currently allowed by law for faculty and
staff housing of an educational institution.
1,)/17/7Q
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9. Improvements to Highways Adjacent to Subdivisions
Comment:
On October 5, 1979, the Supreme Court of Virginia ruled
in the case of Hylton Enterprises, Inc., vs. the Board of Supervisors
~ of Prince William County, et al, on the question of whether a local
governing body may require as a prerequisite to approval of a
subdivision plat that the developer construct improvements to existing
public highways that abut the subdivision. The Court held that in the
absence of an agreement to the contrary, the enabling Statutes in
Virginia provide no express authority to exact the cost of these
improvements from the developer. The Court made its findings based
on the following determinations of the applicable Statutes:
(1) The authorization under the enabling Zoning
Statutes to insure adequate access to residential
planned communities does not imply authorization
to extract payment for improvements to existing
public highways.
(2) The authority granted by the Statutes to
localities to coordinate streets within a sub-
division does not imply such authority to
require these improvements.
In Virginia Beach, which is the third fastest growning
City in the United States, there is submitted an average of forty
new subdivision requests per month. Most of these subdivisions
occur in the undeveloped portion of the City which consists of
narrow two-lane farm-to-market roads. The subdivisions and
developments adjacent to these two-lane roads clearly adds to
their traffic volume and increases the need to improve them.
Therefore, developers of property adjacent to existing roads
should be required to participate in the cost of upgrading and
improving the roads.
Recommendation:
The General Assembly should amend Section l5.l-466(j)
to allow localities to require a subdivider of land to pay his
pro rata share of the cost of providing reasonable and necessary
roads outside the limits of the property he is developing.
12/17/79
-27-
10. Disclosure Statement for Real Estate Sales and Rentals
Comment:
Oceana Naval Air Station located in Virginia Beach is
one of two Navy master jet bases located on the East Coast of the
United States. To insure readiness and contribute to maintaining
the national defense, the Navy conducts many hours of training at
this base which includes approximately 130,000 take-offs and land-
ings each year. As a result of this, the dwellings surrounding
the Naval Air Station experience various levels of noise, depending
upon their proximity to the runways being used. Both the Navy and
the City have received many complaints over the years about the
level of noise, and many people claim that when they purchased their
property, they were unaware of the volume of aircraft activity in
the area.
In order to insure that individuals who purchase or
rent property close to an airport are aware of the potential for
high noise, it is necessary that they be notified of this activity
prior to purchasing or renting the property. On May 14, 1979,
Attorney General Marshall Coleman issued an opinion regarding the
legality of a proposed ordinance by Fairfax County for a disclosure
bill for home buyers in a high noise area around airports. The
Attorney General stated that there was no Statute expressly
authorizing a local government to adopt such an ordinance.
Recommendation:
The General Assembly should enact legislation which
would allow a local governing body to require a disclosure statement
in all real estate sales and rental contracts for property located
in a high noise area around airports. The purpose of this disclosure
statement would be to provide prospective purchasers and renters of
single family residences with information, directions, and warnings
in an effort to prevent fraud or deception.
1?/17/7Q
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11. Virginia Beach Development Authority
Comment:
-
The Virginia Beach Development Authority currently
operates under Chapter 643 of the Acts of Assembly of 1964, which
also covers development authorities from other localities in
Virginia. Prior to 1979, the Act did not allow authorities governed
by it to issue bonds for constructing or financing retail facilities.
However, at the request of the City of Virginia Beach, the 1979
General Assembly amended Section 11 of the Act by adding the
following sentence: "The Authority shall not issue bonds for the
construction, financing, or refinancing of a facility or enterprise
which is to be used principally for retail sales." This would allow
the issuance of bonds for facilities which were partially retail in
nature but not principally so. Since this change was made, there
has been increased interest in issuing industrial revenue bonds for
the construction and financing of major retail facilities in Virginia
Beach such as hotels and department stores. However, this desire may
not be shared by other localities who currently fall under the Act.
Therefore, in order to allow the Virginia Beach Development Authority
to issue bonds for a retail sales facility or enterprise, it must be
exempt from the last sentence in Section 11 of the Act.
Recommendation:
The General Assembly should amend Chapter 643 of the Acts
of Assembly of 1964, by adding the following words to the last sentence
of Section 11: "provided that the provisions of this sentence shall
not apply to the City of Virginia Beach Development Authority."
-29-
12. Business License Tax on Mini Storage Lockers
Comment:
In Virginia Beach, there are approximately fifteen
separate businesses engaged in the renting of mini storage locker
spaces. This is clearly a business operation much the same as
other rental activities. However, Section 58-226.l(6A) of the Code
of Virginia prohibits a locality from levying a business license
tax upon any entity engaged in the business of renting real property
other than "hotels, motels, motor lodges, auto courts, tourist courts,
trailer parks, lodging houses, rooming houses, and boarding houses".
Since the development of mini storage locker space has become so
prevalent in Virginia Beach, it seems appropriate that this business
should be licensed in much the same way as hotels, motels, rooming
houses, or trailer parks. It is clearly a business for which a
license tax should be charged.
Recommendation.
The General Assembly should amend Section 58-266.l(6A)
of the Code of Virginia to include the words "and mini storage
warehouses and lockers" after the word boarding houses on line 5.
1?/17/7Q
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13. Arrest on Past Misdemeanors Upon Probable Cause and Reasonable
Complaint.
Comment:
Section 19.2-81 of the Code of Virginia specifies that
various State and local police forces may arrest persons without a
warrant for any crimes committed in their presence for felony
offenses not committed in their presence. However, the only
misdemeanor not committed in their presence for which they can
arrest involves shoplifting. In 1966, the American Law
Institute recommended that a power of arrest be authorized without
warrant for misdemeanors not committed in the officer's presence
in case of necessity. Several states have since passed legislation
abolishing the distinction between felonies and misdemeanors.
Illinois, for example, provides that a peace officer may arrest a
person when he has reasonable grounds to believe that the person
is committing or has committed an offense.
In the case of certain misdemeanor offenses like
destruction of property or assault and battery, many citizens are
reluctant to swear out a warrant against an individual they know
committed the crime for fear of reprisals. However, they would
gladly testify against the offender if subpoenaed by an arresting
officer. Also, multiple offenses which show a pattern can readily
lead to an offender. However, without an eye witness, the offender
cannot be arrested by an officer. Petit larceny is another major
misdemeanor which, in many cases, goes unresolved because of the
inability of an officer to arrest the offender. Specific problems in
Virginia Beach occur when people fail to pay a hotel or restaurant
bill and most recently with the gasoline shortage, fail to pay for
gasoline at a self-service pump.
In order to protect citizens' rights against misdemeanor
crimes which can, in many cases, be just as devastating as felony
crimes, it is necessary for police officers to be able to make arrests
on certain misdemeanors not committed in their presence, based upon
probable cause and reasonable complaint.
Recommendation:
The General Assembly should amend Section 19.2-81 of
the Code of Virginia by adding on line 24 after 18.2-103 the words
"assault and battery, larceny and destruction of property."
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,.
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-31-
14. Hauling of Materials on City and State Highways
Comment:
Litter control on City streets has become a major
problem throughout Virginia and the United States. Virginia
Beach spends approximately $350,000 per year to clean up litter
and debris deposited on City streets. Much of this litter
inadvertently excapes from vehicles hauling trash or other
material on City streets which are improperly constructed and in
which the material is not covered. It is not unusual to see a
vehicle traveling down the street with its contents blowing allover
the road. In order to help prevent this from occurring and reduce
the cost of litter cleanup in communities, vehicles hauling material
should be constructed with sides and a tail gate to prevent their
contents from falling out. Also, the material hauled in vehicles
should be covered to prevent it from escaping.
Recommendation:
The General Assembly should amend Section 46.1-303 of
the Code of Virginia to require that any vehicle operated or moved
on a highway which hauls material must be constructed with sides and
a tail gate to prevent its contents from escaping and, additionally,
such material must be covered and confined within the vehicle; except,
however, that the requirement to cover such material will not apply
to a vehicle engaged in moving farm produce or other agronomic crops
from a farm as an incidental part of harvesting operations, along a
public highway to a storage house, packing plant, market or transportation
terminal when such use is a seasonal operation.
-36-
19. Virginia Retirement Study Committee
Comment:
The Virginia Retirement Study Commission was created
by the 1978 General Assembly to review and evaluate the present
combined benefit structure of the Virginia Supplemental Retirement
System. The Commission was continued for a second year, and it is
expected to make its final report to the General Assembly in
December 1979. Indications are that the Commission may recommend
capping the retirement benefits received under VSRS at a level
below current rates. This recommendation would be in an effort
to eliminate current situations in which some retirees receive
more money from combined Social Security and state retirement
benefits than they received in salary when employed. Many
employees under VSRS now have certain living expenses partially
paid for by their employer such as medical and dental insurance,
and life insurance. These benefits would become the individual's
full responsibility upon retirement. Also, an individual currently
under VSRS is employed with the full knowledge of what his retire-
ment benefits will be. To reduce these benefits after years of
service and contributions to VSRS would be a breach of faith by
the State.
Recommendation:
The General Assembly should not reduce current VSRS
benefits and should not change the benefit-structure plan in any
way without considering all living expenses for which an employee
will be responsible after retirement, and the retirement benefits
currently expected by all VSRS members. Also, in cases where local
governments pay the employees' contributions to VSRS, the General
Assembly should enact legislation which would permit employees to
receive those contributions upon death or cessation of employment.
Such legislation should be retroactive to the first year when local
governments were authorized to pay such contributions.
12/ 1 7/ 7 9
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20. Inter-Basin Transfer of Water
Comment:
The Southeastern Public Service Authority of Virginia
represents six southside Hampton Roads Cities and two Counties for
the purpose of developing regional water resources and distribution
facilities and for regional solid waste disposal. These eight
jurisdictions serve approximately 800,000 people, 30% of whom reside
in Virginia Beach, the third fastest growing City in the Nation. For
many years, the lack of an adequate source of water for these
localities has been a growing problem. A severe drought in 1977,
resulted in mandatory water conservation methods being imposed by
Virginia Beach, Norfolk, and Chesapeake. Also, Virginia Beach
enacted an Ordinance requiring the use of water-saving plumbing
devices in all new construction.
A major stumbling block to the selection and utilization
of an adequate long-term water source is the State prohibition against
inter-basin transfer of water without the approval of all localities
involved in the transfer. Since any permanent source of water for
souths ide Hampton Roads will require inter-basin transfer and since
many outside localities with adequate water supplies appear reluctant
to agree to a transfer, it becomes necessary for the State to allow
inter-basin transfer from one specific basin to another in certain
critical cases.
Recommendation:
The General Assembly should enact legislation which would
allow inter-basin transfer of water to provide a permanent water
source for the eight jurisdictions included in the Southeastern
Public Service Authority of Virginia.
1 2/ 1 7/ 7 9
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21. Income Tax Relief for the Handicapped
Comment:
At present, legally blind persons are granted a double
tax exemption for the taxpayer and spouse only. Many handicapped
and disabled citizens have medical and living expenses greatly
exceeding those of sight limited or completely blind persons. In
addition, many families have handicapped and disabled dependents
placing the entire family under great financial stress because of
the extra cost for the living, medical, and educational or training
expenses for these dependents.
Recommendation:
The General Assembly should amend Section 58-l5l.0l3(d)
of the Code of Virginia pertaining to State income tax to allow for
a $600 deduction for all persons who are permanently and totally
disabled as defined in Section 58-760.1 of the Code of Virginia.
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22. Prohibited Area for Poll Workers
Comment:
Section 24.1-101 of the Code of Virginia states that
"During the receiving and counting of ballots, it shall be unlawful
for any person to loiter or congregate within 40 feet of any entrance
of any polling place; in any manner to hinder or delay a qualified
voter in reaching or leaving a polling place; within such distance
to give, tender, or exhibit any ballot, ticket, or other campaign
material to any person or to solicit or in any manner attempt to
influence any person in casting his vote." Recent Virginia Beach
elections have produced a number of poll workers soliciting votes
at each polling place for various candidates. Even though these
workers are outside the 40 foot prohibited area, they still line up
to solicit votes and detain voters who try to reach the polling
place. There have been complaints expressed about the volume of
poll workers and their close proximity to the polling place. In
many instances, poll workers are able to block all paths leading
to a polling place. In order to reduce the congregation of these
poll workers around the polling place, and to reduce their ability
to hinder qualified voters, the prohibited area should be extended
beyond the current 40 foot limit, if the local governing body so
desires.
Recommendation:
The General Assembly should amend Section 24.1-101
of the Code of Virginia to allow a local governing body, at its
option, to extend the 40 foot prohibited area in front of any
polling place to a distance of up to 300 feet.
12/ 1 7/ 7 q
-40-
23. Virginia Election Laws
Comment:
The November 6, 1979, election produced an unfortunate
occurrence in the combined fifth, sixth, and seventh Senatorial
District in Norfolk and Virginia Beach. Because voting machines
were not working properly during part of the day and because of the
closeness of the race, questions about procedures carried out during
the election were raised by several of the candidates. The issues
include procedures for checking and certifying voting machines prior
to an election and procedures to follow in case of a voting machine
malfunction during an election. Since a review of the election laws
by a Norfolk Circuit Court Judge, as a result of the problems
encountered on November 6th, indicated that the laws were quite
vague in many instances; it appears that a thorough review of the
State election laws by the General Assembly is necessary.
Recommendation:
The General Assembly should create a joint subcommittee
or study commission to review all election laws in Virginia to
clarify election procedures and actions taken by local election
officials so that the likelihood of a repeat of the difficulties
which occurred in the November 6, 1979, election in Norfolk is
greatly reduced.
-41-
24. Redistricting for Virginia Beach
Comment:
Since the 1971 State reapportionment and the combining
of the 5th, 6th, and 7th Senatorial Districts by the Courts, in the
case of Mahan vs. Howell, Virginia Beach has had two Senatorial
Districts overlapping with adjacent localities and one floater
House District with two adjacent localities. The 5th, 6th, and 7th
Senatorial Districts were combined by the District Court because
during the 1970 census, all Naval personnel homeported at the U. S.
Naval Station in Norfolk were counted in the 5th Senatorial District
even though at least two-thirds lived in other portions of Norfolk
and Virginia Beach. The 1980 census regulations will not allow this
disparity to take place again. All persons homeported at Norfolk
Naval Base but living within a 50-mile radius will be counted in
the City in which they reside. Therefore, it will no longer be
necessary to have a multi-member Senatorial District between Norfolk
and Virginia Beach.
The projected 1980 population for Virginia, as determined
by the State Department of Planning and Budget, is 5,278,000. The
projected Virginia Beach population in 1980 is 285,000. This should
give Virginia Beach at least five State Delegates and two State
Senators. However, there will be additional population in Virginia
Beach over and above that required for two Senatorial and five House
seats which should be combined with adjacent localities for proper
representation. The 1980 population projections for the City of
Chesapeake indicate it will have a population of less than what is
required for one Senatorial District. However, it could be combined
with the additional population in Virginia Beach to form one Senatorial
District. Also, the projected Chesapeake population will be in
excess of the two House seats it is likely to receive, and this excess
could be combined with the additional population in Virginia Beach to
form a single member House floater seat for Virginia Beach and
Chesapeake.
Recommenda t ion:
The General Assembly should redistrict the Tidewater
area to provide for two Senatorial Districts totally within the
boundaries of Virginia Beach and five House of Delegates' seats
totally within the boundaries of Virginia Beach. Also, if
additional population warrants it, a combined Senatorial District
with Virginia Beach and Chesapeake and a single member House floater
seat with Virginia Beach and Chesapeake should be provided.
-42-
LD5563108
SENATE JOINT RESOLUTION NO. 129
Offered January 16, 1979
Proposing amendments to Section 4 of Article II and to Section 1 of
Article IV of the Constitution of Virginia, and proposing to amend
Article VII by adding a section numbered 11, relating to the recall
of public officers, the vesting of the legislative power of the
Commonwealth, and the vesting of the legislative power of local
governments, respectively.
Patrons-Canada, Miller, and Goode; Delegate:
McClanan
Referred to the Committee on Privileges and Elections
RESOLVED by the Senate, the House of Delegates concurring, a majority
of the members elected to each house agreeing, That the following
amendments to the Constitution of Virginia be, and the same hereby
are, proposed and referred to the General Assembly at its first
regular session held after the next general election of the members of
the House of Delegates for its concurrence in conformity with the
provisions of Section 1 of Article XII of the Constitution of Virginia;
namely:
Amend Section 4 of Article II of the Constitution of
Virginia as follows:
Section 4.
Powers and duties of General Assembly.-The General Assembly
shall establish a uniform system for permanent registration of voters
pursuant to this Constitution, including provisions for appeal by any
person denied registration, correction of illegal or fradulent
registrations, proper transfer of all registered voters, and cancellation
of registrations in other jurisdictions of persons who apply to
register to vote in the Commonwealth.
The General Assembly shall provide
for maintenance of accurate and current registration records and shall
provide for cancellation of the registration of any voter who has not
voted at least once during four consecutive calendar years.
The General Assembly may provide for registration and voting by
absentee application and ballot for members of the Armed Forces of
1?/17/7Q
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the United States in active service, persons residing temporarily
outside of the United States by virtue of their employment, and their
spouses and dpendents residing with such persons, who are otherwise
qualified to vote, and may provide for voting by absentee ballot for
other qualified voters.
The General Assembly shall provide for a procedure
whereby every elective public official of the Commonwealth or
of any County, City or Town may be removed from office by the
eligible voters. -
The General Assembly shall provide for the nomination of candidates,
shall regulate the time, place, manner, conduct, and administration
of primary, general and special elections, and shall have power to
make any other law regulating elections not consistent with this
Constitution.
Amend Section 1 of Article IV of the Constitution as
follows:
Sec t ion 1.
Legislative power.-The legislative power of the Commonwealth
shall be vested in a General Assembly, which shall consist of a Senate
and House of Delegates.
The General Assembly shall, however, provide by general
law for the exercise, by the qualified electors of the Commonwealth,
of the power to propose items of general laws, and to subsequently
adopt or reject such at the polls.
Such power shall be exercised
independently of the legislature and only upon the presentation to
the State Board of Elections of petitions bearing the signatures of
qualified electors in each Congressional District equal in number
to no less than twenty per centum of the number of persons voting
in each such Congressional District in the last gubernatorial election.
Before placing any such item on the ballot, the State Board of Elections
shall request a formal opinion from the Attorney General as to its
compliance with the Constitutions of the United States and the
Commonwealth of Virginia.
Such opinion shall not prevent the items
from appearing on the ballot.
Amend Article VII by adding a section numbered 11 as
follows:
Section 11.
Voter initiative.-Notwithstanding any other
provision of this Article, the qualified voters of any County, City,
or Town may exercise the power to propose items of general law, and
-44-
to subsequently adopt or reject such at the polls.
Such power shall
be exercised independently of the governing body and only upon the
presentation to the appropriate general registrar of petitions bearing
the signatures of qualified electors of the County, City or Town, as
the case may be, equal in number to no less than twenty per centum of
the number of persons voting in that County, City or Town in the last
gubernatorial election.
Before placing any such item on the ballot,
the general registrar shall request a formal opinion from the
Attorney General as to its compliance with the Constitutions of the
United States and the Commonwealth of Virginia.
Such opinion shall
not prevent the item from appearing on the ballot.
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(ITEM II-F.l)
ITEM #14592
Mr. Palle Bistrup, President and Owner of the U. S. Flag and Signal
Corps, appeared before City Council and presented to Councilman
Riggs the flag that flew over Virginia Beach on "I Love America Day."
(ITEM II-F.la)
ITEM #14593
On motion by Councilman Payne, seconded by Councilman Holland, City
Council voted to ADOPT the following Resolution authorizing amend-
ment of the form of a single $1,125,000 Public Improvement Bond of
the City of Virginia Beach, Virginia, dated December 30, 1974,
heretofore authorized and previously issued in conjunction with
the Bow Creek Club Project, and the substitution of a new Bond in
exchange for and upon cancellation of the original Bond:
Voting: 11-0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, George R. Ferrell,
Barbara M. Henley, Clarence A. Holland, Vice
Mayor J. Henry McCoy, Jr., Donald W. Merrick,
Meyera E. Oberndorf, J. Curtis Payne, Roger L.
Riggs, and Mayor Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
None
1 21 1 71 7 9
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RESOLUTION AUTHORIZING AMENDMENT OF
THE FORM OF A SINGLE $1,125,000 PUBLIC
IMPROVEMENT BOND OF THE CITY OF VIRGINIA
BEACH, VIRGINIA, DATED DECEMBER 30, 1974,
HERETOFORE AUTHORIZED AND PREVIOUSLY
ISSUED IN CONNECTION WITH THE BOW CREEK
CLUB PROJECT, AND THE SUBSTITUTION OF
A NEW BOND IN EXCHANGE FOR AND UPON
CANCELLATION OF THE ORIGINAL BOND
WHEREAS, the issuance of Public Improvement Bonds of the
City of Virginia Beach, Virginia, in the amount of $1,125,000 having
been authorized by an Ordinance adopted by the Council of the City
of Virginia Beach on November 25, 1974, to provide funds, together
with other funds that may be available, for the purchase of the stock
of National Clubs, Inc., as the owner of Bow Creek golf course and
club, pur s uan t to an a greemen t be tween Sand r a H. Gar c ia and Ed ward
S. Garcia, her husband, and the City of Virginia Beach; and,
WHEREAS, a sin gle bond re gis te red in t he name 0 f Sand r a
H. Garcia was issued on December 30, 1974, in the principal amount
of $1,125,000 in connection with the purchase on that date of the
stock of National Clubs, Inc., the terms of such bond having been
prescribed by Resolution of the Council of the City of Virginia
Beach adopted on November 25, 1974; and,
WHEREAS, Sandra H. Garcia has requested the City of Virginia
Beach to release its right of offset contained in the third para-
graph of the aforesaid bond in exchange for a grant by Edward S.
Garcia of similar rights of offset against Water and Sewer Revenue
Notes dated December 15, 1977, held by him, and the City Council is
authorizing the same by separate Resolution; and,
WHEREAS, Sandra H. Garcia has now requested that she be
permitted to surrender the single bond for cancellation in exchange
for the issuance of a new bond to accomplish such release.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA:
1. Upon receipt of the single bond registered in the
name of Sandra H. Garcia in the principal amount of $1,125,000 dated
December 30, 1974, previously issued by the City in connection with
the purchase of the stock of National Clubs, Inc., and the notation
-47-
by Sandra H. Garcia on the bond that it has been cancelled, and the
City shall issue a substitute bond in the same principal amount and
registered in the name of Sandra H. Garcia.
2. The substitute bond shall be in substantially the
following form:
UNITED STATES OF AMERICA
$1, 125, 000
COMMONWEALTH OF VIRGINIA
CITY OF VIRGINIA BEACH
Public Improvement Bond, Bow Creek Club Project
The City of Virginia Beach, Virginia, for value received,
hereby acknowledges itself indebted and promises to pay to Sandra H.
Garcia, or assigns, upon presentation and surrender hereof at the
office of the Treasurer of the City of Virginia Beach the sum of ONE
MILLION ONE HUNDRED TWENTY-FIVE THOUSAND DOLLARS ($1,125,000), on
July 1, 1985, and to pay interest thereon from the date hereof to
maturity at the rate of five and one-half percent (5~%) per year,
paya b le July 1, 1975, and semiann ually on e ac h Jan uary 1 and July 1
thereafter until such payment of such principal sum, by check or
draft mailed to such registered owner, or her assigns, at her address,
or that of her assigns, as on file with the Treasurer. Both principal
of and interest on this bond are payable in lawful money of the United
States of America.
The City of Virginia Beach shall have the right to repay
this bond in whole or in part without penalty on any interest payment
date. Partial prepayments shall be made by check or draft mailed to
the registered owner at her address as on file with the Treasurer of
the City of Virginia Beach. Prepayment in full shall be made upon
presentation and surrender hereof at the office of the Treasurer of
the City of Virginia Beach.
This bond has been authorized by an Ordinance duly adopted
by the Council of the City of Virginia Beach on November 25, 1974, and
a Resolution adopted on November 25, 1974, as amended by Resolution
adopted on December 17, 1979, and is issued pursuant to the Constitution
and Statutes of the Commonwealth of Virginia, including the Charter of
the City of Virginia Beach (Chapter 147, Acts of Assembly of 1962, as
amended), and the Pub 1 ic Finance Ac t, as amended, as paymen t in pa r t
for pur c has e 0 f the s to c k 0 f N a t ion a 1 C 1 u b s , In c . , as 0 wn e r 0 f Bow
Creek golf course.
The full faith and credit of the City of Virginia Beach
are hereby irrevocably pledged for the payment of principal of and
interest on this bond.
All acts, conditions and things required by the
Constitution and Statutes of the Commonwealth of Virginia to happen,
exist or be performed precedent to and in the issuance of this bond
have happened, exist and have been performed, and the issue of bonds
of which this bond is one, together with all other indebtedness of
the City of Virginia Beach, is within every debt and other limit
prescribed by the Constitution and Statutes of the Commonwealth of
Vir ginia.
IN WITNESS WHEREOF, the City of Virginia Beach, Virginia,
has caused this bond to be signed by its Mayor, to be countersigned
by its Clerk, its seal to be affixed hereto, and this bond to be dated
121 1 71 79
-48-
as of December 30, 1974.
COUNTERSIGNED:
Clerk, City of Virginia Beach
Virginia
(SEAL) Is/ Patrick L. Standing
Mayor, City of Virginia Beach,
Virginia
3. The Mayor and the Clerk are hereby authorized and
directed to take all proper steps to have the bond prepared and
executed in accordance with its terms and to deliver the bond to
Sandra H. Garcia or her attorney or agent upon the receipt of the
aforesaid single bond marked cancelled by her.
4. The Resolution adopted by the City Council on
March 1, 1979, authorizing the issuance of two bonds in exchange
for the single bond issued initially is hereby repealed. The
Resolution adopted November 25, 1974, referred to above is hereby
deemed to be amended to the extent it is inconsistent herewith.
5. This Resolution shall take effect immediately.
1'1/1"7/"7(\
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( I TE H I 1- F. 2 )
ITEM #14594
AGREEMENT
On motion by Councilman Payne, seconded by Councilman Baum, City
Council voted to APPROVE the following Agreement to transfer the
offset provisions concerning any and all liabilities incurred
against that purchase to bonds outstanding for Princess Anne
Aragona, and Pembroke Utilities/ since the owner is the same:
Voting:
11-0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, George R. Ferrell,
Barbara M. Henley, Clarence A. Holland, Vice
Mayor J. Henry McCoy, Jr., Donald W. Merrick,
Meyera E. Oberndorf, J. Curtis Payne, Roger L.
Riggs, and Mayor Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
None
1 2/ 1 7/ 7 9
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AGREEMENT
THIS AGREEMENT, made this 11th day of December, 1979, by
and between EDWARD S. GARCIA of the City of Virginia Beach, Virginia,
(hereinafter referred to as "Mr. Garcia"), VIRGINIA NATIONAL BANK, a
national banking association with its principal place of business in
the City of Norfolk, Virginia, (hereinafter referred to as the "Bank"),
and the CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth
of Virginia, (hereinafter referred to as the "Issuer");
WIT N E SSE T H: T hat
WHEREAS, National Clubs, Inc., (the "Company"), was the
owner of the Bow Creek golf course in November of 1974; and,
WHEREAS, Sandra H. Garcia ("Mrs. Garcia), the wife of
Mr. Garcia, owned all of the issued and outstanding stock of the
Company at that time and sold this stock to the Issuer for the sum
of $1,500,000.00 pursuant to the terms of an Agreement of Sale between
Mr. and Mrs. Garcia and the Issuer dated as of November 22, 1974, (the
"A gr eemen t"); and,
WHEREAS, $375,000.00 of the sales price was paid in cash
at closing and $1,125,000.00 was paid by the execution and delivery by
the Issuer of its general obligation bond (the "Bond"), in that amount
dated December 30, 1974, and payable to Mrs. Garcia on July 1, 1985,
with interest on the outstanding principal balance at the rate of
5~% per annum, payable semi-annually; and,
WHEREAS, the Agreement further provided that Mr. and
Mrs. Garcia would defend, indemnify and hold the Issuer harmless
from any loss, liability, damage, fine, penalty or expense resulting
from the Company's operation of the golf course and its business up
to the date of closing and upon their failure to pay a claim asserted
against the Issuer that would constitute an obligation for
indemnification, the Issuer had the right to pay the claim in full
and at its option, to credit the amount of such payment, together
with any expenses involved and interest at the rate of 8% per annum,
- 51-
against the principal of or the next maturing installments of interest
due on the Bond; and,
WHEREAS, the Issuer's right of offset under the Agreement
was fully set forth on the face of the Bond; and,
WHEREAS, Mrs. Garcia now wishes to sell the Bond to the
Bank and the Bank has agreed to purchase the Bond on the condition
that it be reissued by the Issuer without the restrictive language
describing the Issuer's right of offset against principal and interest
due on the Bond and further, that the Issuer will release its right
of offset against the Bond which it has under the terms of the
Agreement; and,
WHEREAS, the Issuer is willing to release its right of
offset against the principal and interest due on the Bond as more
particularly provided in the Agreement in exchange for a grant by
Mr. Garcia of similar rights against the Issuer's Water and Sewer
Revenue Notes (the "Revenue Notes"), numbered R-34 through R-43
and R-~ through R-~ and dated December 15, 1977, in the aggregate
principal amount of $1,500,000.00, said Revenue Notes being registered
in the name of Mr. Garcia (the "Notes"), and held by the Bank as
collateral security for the payment of various loans to Mr. and Mrs.
Gar cia; and,
WHEREAS, Mr. Garcia and the Bank are willing to subject
the Notes to the Issuer's right of offset as described in the Agreement.
NOW, THEREFORE, for and in consideration of the premises
and the mutual undertakings contained herein, the parties hereto
agree as follows:
1. Issuer hereby releases any and all rights which it
now has to offset against principal or the next maturing installments
of interest due on the Bond, at its option, any liability, claim,
expense or amount paid by the Issuer, plus interest at the rate of
8% per annum, that constitutes an obligation for indemnification by
Mr. and Mrs. Garcia under the terms of the Agreement and agrees to
issue a new Bond to replace the Bond that makes no reference to the
Issuer's right of offset or the Agreement.
The new Bond shall also
be dated as of December 30, 1974, shall be payable to Mrs. Garcia or
her assigns and shall otherwise contain terms similar to those
contained in the original Bond.
-52-
2. Mr. and Mrs. Garcia hereby grant the issuer a right
to offset against the principal due under the Notes or the next
maturing installments of interest due thereon, at its option, any
liability, claim, expense or amount paid by the Issuer, plus interest
at the rate of 8% per annum, that constitutes an obligation for
indemnification by Mr. and Mrs. Garcia under the terms of the Agreement.
The following legend reflecting this right of offset shall be typed
on each Note at the time the new Bond is executed and delivered by
the Issuer:
The obligations of the City of Virginia Beach under
this Note are expressly subject to the right of the
City of Virginia Beach, as set forth in the agree-
ment dated as of December 11, 1979, by and between
Edward S. Garcia, the City of Virginia Beach and
Virginia National Bank to offset against principal
due under this Note or the next maturing install-
ments of interest, at its option, any liability,
claim, expense or amount paid by the City of
Virginia Beach, plus interest at the rate of 8%
per annum, that constitutes an obligation for
indemnification by Sandra H. Garcia and Edward S.
Garcia under the terms of an agreement between
Sandra H. Garcia and Edward S. Garcia and the City
of Virginia Beach dated as of November 22, 1974.
Any right of offset against this Note shall expire
on July 1, 1985.
3. The Bank hereby consents to the attachment of a right
of offset as described above against the Notes currently being held
by it as security for loans to Mr. and Mrs. Garcia.
The Bank further
agrees that after purchasing the Bond, it will promptly notify the
Issuer of the address to which payments of principal and interest
shall be made and that it will not sell or otherwise dispose of the
Bond to any person or entity who does not qualify as a sophisticated
investor under the Federal securities laws.
IN WITNESS WHEREOF, the Issuer and the Bank have caused
this Agreement to be executed by their duly authorized representative
and Mr. Garcia has hereunto set his hand and seal as of the day and
year first above written.
1,)/17/7Q
-53-
CITY OF VIRGINIA BEACH
[SEAL]
By Is/ George L. Hanbury
City Manager
ATTEST:
City Clerk
VIRGINIA NATIONAL BANK
[SEAL]
By
Vice President
ATTEST
Assistant Secretary
(SEAL
Edward S. Garcia
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
The foregoing Agreement was acknowledged before me this
day of
1979, by
City Manager of Virgnia Beach on behalf of the City of Virginia Beach.
Notary Public
My Commission expires:
STATE OF VIRGINIA
CITY OF
to-wit:
The foregoing Agreement was acknowledged before me this
day of
1979, by
Vice President of Virginia National Bank on behalf of the Bank.
Notary Public
My Commission expires;
-54-
STATE OF VIRGINIA
CITY OF
to-wit
The foregoing Agreement was acknowledged before me this
day of
1979, by Edward S. Garcia
Notary Public
My Commission expires:
-55-
(ITEM II-F.3)
ITEM 1114595
Upon motion by Councilman Payne, seconded by Councilman Holland, City
Council voted to ADOPT the following Resolution authorizing the City
Manager and City Clerk to execute a certain Agreement between the
City of Virginia Beach, Virginia, Edward S. Garcia and Virginia
National Bank:
Voting:
11-0
Council Members Voting Aye:
John A. Bau~ F. Reid Ervin, George R. Ferrell,
Barbara M. Henley, Clarence A. Holland, Vice
Mayor J. Henry McCoy, Jr., Donald W. Merr ick,
Meyera E. Oberndorf, J. Curtis Payne, Roger L.
Riggs, and Mayor Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
None
1?/17/70
-56-
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 Seventeenth day of December, 1979.
On motion by Councilman Payne, and seconded by
Councilman Holland, the following Resolution was
adopted.
A RESOLUTION AUTHORIZING THE CITY
MANAGER AND CITY CLERK TO EXECUTE
A CERTAIN AGREEMENT BETWEEN THE CITY
OF VIRGINIA BEACH, VIRGINIA, EDWARD
S. GARCIA AND VIRGINIA NATIONAL BANK
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That the City Manager and City Clerk are hereby authorized
to execute an agreement, of copy of which is attached hereto, whereby
the City of Virginia Beach may offset against primcipal and interest
due under certain notes any liability, claim, expense, plus interest,
that constitutes an obligation for indemnification regarding the Bow
Creek Club Project.
Adopted by the Council of the City of Virginia Beach,
Virginia, this Seventeenth day of December, 1979.
APPROVED:
/s/ Patrick L. Standing
Mayor
ATTEST:
City Clerk
1 21 1 7/ 7 9
-57
(ITEM II-H.l)
ITEM #14596
CONSENT AGENDA
ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED TO BE
ROUTINE BY THE CITY COUNCIL AND WILL BE ENACTED BY ONE MOTION IN
THE FORM LISTED:
On motion by Councilman Merrick, seconded by Councilwoman Oberndorf,
City Council voted to DEFER FOR ONE WEEK the Ordinance revising and
updating Chapter 17 of the Code of the City of Virginia Beach, re-
lating to Litter Control and Refuse.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, George R. Ferrell,
Barbara M. Henley, Clarence A. Holland, Vice
Mayor J. Henry McCoy, Jr., Donald W. Merrick,
Meyera E. Oberndorf, J. Curtis Payne, Roger L.
Riggs, and Mayor Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
None
1 2/ 1 71 7 9
-58-
(ITEM II-H.2)
ITEM 1114597
On motion by Councilman Merrick, seconded by Councilwoman Oberndorf,
City Council voted to APPROVE the request of Mr. J. Dale Bimson, City
Attorney, that Mr. Michael T. Soberick be appointed Assistant City
Attorney.
Voting:
ll-O
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, George R. Ferrell,
Barbara M. Henley, Clarence A. Holland, Vice
Mayor J. Henry McCoy, Jr., Donald W. Merrick,
Meyera E. Oberndorf, J. Curtis Payne, Roger L.
Riggs, and Mayor Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
None
(ITEM II-H.3)
IT E M In 4 5 9 8
On motion by Councilman Merrick, seconded by Councilwoman Oberndorf,
City Council voted to uphold the recommendations of City Manager and
APPOINT VIEWERS in the matter of the application of C. S. Yoder for
the closure, vacation and discontinuance of a 20-foot Alley in
Virginia Beach, Virginia, in Block 2, Plat of Central Park Between
28th Street and 29th Street and Between Arctic Avenue and Pacific
Ave n ue .
Voting:
11-0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, George R. Ferrell,
Barbara M. Henley, Clarence A. Holland, Vice
Mayor J. Henry McCoy, Jr., Donald W. Merrick,
Meyera E. Oberndorf, J. Curtis Payne, Roger L.
Riggs, and Mayor Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
None
1 2/ 1 7/ 7 9
-59-
In the Matter of the Application of
C. S. Yoder for the Closure, Vacation
and Discontinuance of a 20' Alley in
Virginia Beach Borough, Virginia Beach,
Virginia, in Block 2, Plat of Central
Park Between 28th and 29th Streets and
Between Arctic Avenue and Pacific Avenue
PETITION
To: The City Council of the
City of Virginia Beach,
Virginia
Your petitioner, the applicant, C. S. Yoder, who owns land
located adjacent to a certain 20' alley in Block 2, Plat of Central
Park in the Virginia Beach Borough of the City of Virginia Beach,
Virginia, petitions and applies to the Council of the City of Virginia
Beach, Virginia, for the vacation, closing and discontinuance of that
said 20' alley between 28th and 29th Streets and between Arctic Avenue
and Pacific Avenue, as shown on the plat of Central Park, recorded in
the Clerk's Office of the Circuit Court of the City of Virginia Beach,
Virginia, in Map Book 8, at page 10.
Your petitioner and applicant alleges that no inconvenience
will result to the public by reason of said closure and asks that the
Council appoint Viewers as provided by law to view the said alley sought
to be closed and report in writing to the Council on or before January
21, 1980, at 2 p.m., as to whether in the opinion of the Viewers what
inconvenience, if any, would result from the discontinuance and closure
as herein sought, at which time the petitioner will ask for passage of
an Ordinance vacating the alley sought to be closed herein.
On November 30, 1979, notice of presentation of this
application to the Council was posted at the Courthouse of the Circuit
Court of the City of Virginia Beach, Virginia, on the alley to be closed
and at the City Hall Annex in Virginia Beach Borough, 19th Street and
Arctic Avenue and an affidavit of posting is attached hereto, together
with a copy of the notice of intended application for vacation of said
alley.
The petitioner and applicant is the fee simple owner of land
along and adjacent to the said alley to be closed.
Respectfully submitted,
/s/ C. S. Yoder
C. S. YODER
I sl Grover C. Wright, Jr.
Grover C. Wright, Jr., p.q.
303 Beach Tower Building
-60-
BOOK 2055 PAGE 200
ORDINANCE APPOINTING VIEWERS
WHEREAS, C. S. YODER has given due and proper notice in
accord with law that he would, on the Seventeenth day of December,
1979, apply to the City Council of the City of Virginia Beach,
Virginia, for the appointment of Viewers to view the below
described 20' alley in Virginia Beach Borough in the City of
Virginia Beach, Virginia, and to report in writing to this Council
whether, in the opinion of said viewers any, and if any, what
inconvenience would result from the discontinuance, closure and
abandonment of said 20' alley and whereas such applicati.on has
been properly filed with this Council and whereas all requirements
of law have been met.
NOW, THEREFORE, be it ORDAINED by the Council of the City
of Virginia Beach, Virginia, that: ROBERT J. SCOTT, C. ORAL
LAMBERT and DAVID M. GROCHMAL be, and each of them is hereby appointed
to view that certain 20' alley lying in Block 2, Plat of Central Park
between 28th and 29th Streets and between Arctic Avenue and Pacific
Avenue, as shown on the plat of Central Park, which is recorded in
the Clerk's Office of the Circuit Court of this City in Map Book 8
at page 10, and said Viewers shall report in writing to this Council
on or before January 21, 1980, at 2:00 p.m., whether in their.opinmon
any and if any, what inconvenience would result to the public from
the discontinuance, vacation and abandonment of said 20' alley.
-61-
BOOK 2055 PAGE 201
GROVER C. WRIGHT, JR.
ATTORNEY AND COUNSELLOR AT LAW, P.C.
SUITE 303 BEACH TOWER BUILDING
3330 PACIFIC AVENUE
VIRGINIA BEACH, VIRGINIA 23458
November 27, 1979
City Attorney
City of Virginia Beach
Municipal Center
Virginia Beach, VA 23456
Attention: R. J. Nutter
Re: Application of C. S. Yoder
for closure of 20' alley.
Dear Sir:
This is to advise you that what is being sought to be vacated
is an easement for public passage over a 20' alley between 28th
and 29th Streets and between Arctic Avenue and Pacific Avenue,
and that the underlying fee is owned by Robert S. Lindsley and
June M. Lindsley and they will owe the unencumbered fee after
the closure. However, my client, C. S. Yoder, has a contract
with the Lindsleys to purchase the fee in the alley upon closure.
Yo ur s tr uly,
Grover C. Wright, Jr.
GCWJR:DRS
-62-
BOOK 2055 PAGE 204
(ITEM II-H.4)
ITEM #14599
24240
On motion by Councilman Merrick, seconded by Councilwoman Oberndorf,
City Council voted to APPROVE the following Ordinance authorizing the
City Manager to execute an Agreement granting a certain right-of-way
to the Virginia Electric and Power Company:
Voting:
11-0
Council Members Voting Aye:
John A. Bau~ F. Reid Ervin, George R. Ferrell, Barbara M.
Henley, Clarence A. Holland, Vice Mayor J. Henry McCoy, Jr.,
Donald W. Merric~ Meyera E. Oberndorf, J. Curtis Payne,
Roger L. Riggs, and Mayor Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
None
-63-
BOOK 2055 PAGE 205
AN ORDINANCE AUTHORIZING THE CITY MANAGER
TO EXECUTE AN AGREEMENT GRANTING A CERTAIN
RIGHT-OF-WAY TO THE VIRGINIA ELECTRIC AND
POWER COMPANY
WHEREAS, in order to provide electric service to the Francis
Land House. it is necessary to grant a right-of-way to the Virginia
Electric and Power Company.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA:
That the City Manager is hereby authorized to execute an
agreement granting a right-of-way to the Virginia Electric and
Power Company, as shown on the attached plat.
Adopted by the Council of the City of Virginia Beach, Virginia
on the Seventeenth day of December, 1979.
..'
, -64- ,
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-65-
ITEM III 4 6 0 0
AN ORDINANCE TO AMEND AND REORDAIN
SECTION 22-42 and 22-84.2 OF THE
CODE OF THE CITY OF VIRGINIA BEACH
VIRGINIA RELATING TO MOTOR VEHECLES
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That Sections 22-42 and 22-84.2 of the Code of the City of
Virginia Beach, Virgina, are hereby amended and reordained as
follows:
Section 22-42. Drivers to obey signs.
The driver of a motor vehicle, trailer or semitrailer
shall s~e~7-s~ew-eewR-e~-~e~~~a~e-~fte-s~eee-ef-S~eft-ffie~e~
Yeft~e~eT-~~a~~e~-e~-seffi~~~a~e~-~R-aeee~eaRee obey and comply with
the requirements of road signs, signals, markings or lights
erected upon the authority of the state highway eeffiffi~ss~eRT and
transportation commission, proper agencies of the federal
government or the city manager.
No provision of this section relating to the
prohibition of disobeying road signs or violating local traffic
signals, markings and lights shall be enforced against an alleged
violator if, at the time and place of the alleged violation, any
such sign, signal, marking or light is not in proper position and
sufficiently legible to be seen by an ordinarily observant
person.
The failure of such driver to obey such signs, signals,
markings or lights or to comply with the provisions of this
section shall constitute a traffic infraction.
Section 22-84.2. Use of chemical test to determine alcoholic
content of blood; procedure; qualifications and
liability of person withdrawing blood; costs;
evidence; suspension of license for refusal to
submi t to test.
-66-
(a) As used in this section "license" means any
operator's, chauffeur's or learner's permit or license
authorizing the operation of a motor vehicle upon the highways.
(b) Any person whether licensed by the state or not,
who operates a motor vehicle upon a public highway in this state
on and after January 1, 1973, shall be deemed thereby, as a
condition of such operation, to have consented to have a sample
of his blood or breath taken for a chemical test to determine the
alcoholic content of his blood, if such person is arrested for a
violation of section 22-84 within two hours of the alleged
offense. Any person so arrested shall elect to have either the
breath or blood sample taken, but not both.
It shall not be a
matter of defense that either test is not available.
(c) If a person after being arrested for a violation
of section 22-84 and after having been advised by the arresting
officer that a person who operates a motor vehicle upon a public
highway in this state shall be deemed thereby, as a condition of
such operation, to have consented to have a sample of his blood
or breath taken for a chemical test to determine the alcoholic
content of his blood, and that the unreasonable refusal to do so
constitutes grounds for the revocation of the privilege of
operating a motor vehicle upon the highways of this state, then
refuses to permit the taking of a sample of his blood or breath
for such tests, the arresting officer shall take the person
arrested before a committing magistrate and if he does again so
refuse after having been further advised by such magistrate of
the law requiring a blood or breath test to be taken and the
penalty for refusal, and so declares again his refusal in writing
upon a form provided by the division of consolidated laboratory
services, (hereinafter referred to as division), or refuses or
fails to so declare in writing and such fact is certified as
prescribed in subsection (j) of this section, then no blood or
breath sample shall be taken even though he may thereafter
request same.
(d) Only a physician, registered professional nurse,
graduate laboratory technician or a technician or nurse
-67-
designated by order of a circuit court acting upon the
recommendation of a licensed physician, using soap and water to
cleanse the part of the body from which the blood is taken and
using instruments sterilized by the accepted steam sterlizer or
some other sterlizer which will not affect the accuracy of the
test, or using chemically clean sterile disposable syringes,
shall withdraw blood for the purpose of determining the alcoholic
content thereof. No civil liability shall attach to any person
authorized to withdraw blood as provided herein as a result of
the act of withdrawing blood from any person submitting thereto,
provided the blood was withdrawn according to recognized medical
procedures; and provided further that the foregoing shall not
relieve any such person from liability for negligence in the
withdrawing of any blood sample.
(d.l) Portions of the blood sample so withdrawn shall
be placed in each of two (2) vials provided by the division which
vials shall be sealed and labeled by the person taking the sample
or at his direction, showing on each the name of the accused, the
name of the person taking the blood sample, and the date and time
the blood sample was taken. The vials shall be placed in (2)
containers provided by the division, which containers shall be
sealed so as not to allow tampering with the contents. The
arresting or accompanying officer shall take possession of the
two (2) containers holding the vials as soon as the vials are
placed in such containers and sealed, and shall transport or mail
one of the vials forthwith to the division. The officer taking
possession of the other container (hereinafter referred to as
second container) shall, immediately after taking possession of
the second container give to the accused a form provided by the
division which shall set forth the procedure to obtain an
independent analysis of the blood in the second container, and a
list of those laboratories and their addresses, approved by the
division; such form shall contain a space for the accused or his
counsel to direct the officer possessing such second container to
forward that container to such approved laboratory for analysis,
if desired. The officer having the second container, after
-68-
delivery of the form referred to in the preceding sentence
(unless at that time directed by the accused in writing on such
form to forward the second container to an approved laboratory of
the accused's choice, in which event the officer shall do so)
shall deliver the second container to the chief police officer of
the county, city or town in which the case will be heard, and the
chief police officer who receives the same shall keep it in his
possession for a period of seventy-two (72) hours, during which
time the accused or his counsel may, in writing, on the form
provided hereinabove, direct the chief police officer having
possession of the second container to mail it to the laboratory
of the accused's choice chosen from the approved list. As used
in this section, the term "chief police officer" shall mean the
sheriff in any county not having a chief of police, the chief of
police of any county having a chief of police, and the chief of
police of the city or the sergeant or chief of police of the town
in which the charge will be heard.
(d.2) The testing of the contents of the second
container shall be made in the same manner as hereafter set forth
concerning the procedure to be followed by the division, and all
procedures established herein for transmittal, testing and
admission of the result in the trial of the case shall be the
same as for the sample sent to the division.
(d.3) A fee not to exceed fifteen dollars ($15.00)
shall be allowed the approved laboratory for making the analysis
of the second blood sample which fee shall be paid out of the
appropriation for criminal charges. If the person whose blood
sample was withdrawn is subsequently convicted for violation of
section 22-84, the fee charged by the laboratory for testing the
blood sample shall be taxed as part of the costs of the criminal
case and shall be paid into the general fund of the state
treasury.
(d.4) If the chief police officer having possession of
the second container is not directed as herein provided to mail
-69-
it within seventy-two (72) hours after receiving the container
then the officer shall destroy such container.
(e) Upon receipt of the blood sample forwarded to the
division for analysis, the division shall cause it to be examined
for alcoholic content and the director of the division or his
designated representative shall execute a certificate which shall
indicate the name of the accused, the date, time and by whom the
blood sample was received and examined, a statement that the
container seal had not been broken or otherwise tampered with, a
statement that the container was one provided by the division and
a statement of the alcoholic content of the sample. The
certificate attached to the vial from which the blood sample
examined was taken shall be returned to the clerk of the court in
which the charge will be heard. The certificate attached to the
container forwarded on behalf of the accused shall also be
returned to the clerk of the court in which the charge will be
heard, and such certificate shall be admissible in evidence when
attested by the pathologist or by the supervisor of the
laboratory approved by the division.
(f) When any blood sample taken in accordance with the
provisions of this section is forwarded for analysis to the
division, a report of the results of such analysis shall be made
and filed in that office. Upon proper identification of the vial
into which the blood sample was placed, the certificate as
provided for in this section shall, when duly attested by the
director of the division or his designated representative, be
admissible in any court, in any criminal or civil proceeding, as
evidence of the facts therein stated and of the results of such
analysis.
(g) Upon the request of the person whose blood or
breath sample was taken for a chemical test to determine the
alcoholic content of his blood, the results of such test or tests
shall be made available to him.
(h) A fee not exceeding ten dollars ($10.00) shall be
allowed the person withdrawing a blood sample in accordance with
this section, which fee shall be paid out of the appropriation
-70-
for criminal charges. If the person whose blood sample was
withdrawn is subsequently convicted for a violation of section
22-84, or is placed under the purview of a probational,
educational or rehabilitational program as set forth in Section
18.2-271.1, Code of Virginia, the amount charged by the person
withdrawing the sample shall be taxed as part of the costs of the
criminal case and shall be paid into the general fund of the
state treasury.
(i) In any trial for a violation of section 22-84,
this section shall not otherwise limit the introduction of any
relevant evidence bearing upon any question at issue before the
court, and the court shall, regardless of the result of the blood
or breath test or tests, if any, consider such other relevant
evidence of the condition of the accused as shall be admissible
in evidence. The failure of an accused to permit a sample of his
blood or breath to be taken for a chemical test to determine the
alcoholic content of his blood is not evidence and shall not be
subject to comment by the city at the trial of the case; except
in rebuttal; nor shall the fact that a blood or breath test had
been offered the accused be evidence or the subject of comment by
the city, except in rebuttal.
(j) The form referred to in subsection (c) of this
section shall contain a brief statement of the law requiring the
taking of a blood or breath sample and the penalty for refusal, a
declaration of refusal and lines for the signature of the person
from whom the blood or breath sample is sought, the date and the
signature of a witness to the signing.
If such person refuses or
fails to execute such declaration, the committing justice, clerk
or assistant clerk shall certify such fact, and that the
committing justice, clerk or assistant clerk advised the person
arrested that such refusal or failure, if found to be
unreasonable, constitutes grounds for the revocation of such
person's license to drive. The committing or issuing justice,
clerk or assistant clerk shall forthwith issue a warrant charging
the person refusing to take the test to determine the alcoholic
content of his blood, with violation of this section. The
-71-
warrant shall be executed in the same manner as criminal
warrants. Venue for the trial of the warrant shall lie in the
court of the county or city in which the offense of driving under
the influence of intoxicants is to be tried.
(k) The executed declaration of refusal or the
certificate of the committing justice, as the case may be, shall
be attached to the warrant and shall be forwarded by the
committing justice, clerk or assistant clerk to the court in
which the offense of driving under the influence of intoxicants
shall be tried.
(1) When the court receives the declaration of refusal
or certificate referred to in subsection (k) of this section
together with the warrant charging the defendant with refusing to
submit to having a sample of his blood or breath taken for the
determination of the alcoholic content of his blood, the court
shall fix a date for the trial of such warrant, at such time as
the court shall designate, but subsequent to the defendant's
criminal trial for driving under the influence of intoxicants.
(m) The declaration of refusal or certificate under
subsection (k), as the case may be, shall be prima facie evidence
that the defendant refused to submit to the taking of a sample of
his blood or breath to determine the alcoholic content of his
blood as provided hereinabove. However, this shall not be deemed
to prohibit the defendant from introducing on his behalf evidence
of the basis for his refusal to submit to the taking of a sample
of his blood or breath to determine the alcoholic content of his
blood. The court shall determine the reasonableness of such
refusal.
(n) If the court shall find the defendant guilty as
charged in the warrant, the court shall suspend the defendant's
license for a period of ninety (90) days for a first offense and
for six (6) months for a second or subsequent offense or refusal
within one year of the first or other such refusals; the time
shall be computed as follows: The date of the first offense and
the date of the second or subsequent offense; provided, that if
-72-
the defendant shall plead guilty to a violation of section 22-84,
the court may dismiss the warrant.
(0) The court shall forward the defendant's license to
the commissioner of the division of motor vehicles of Virginia as
in other cases of similar nature for suspension of license
unless, however, the defendant shall appeal his conviction in
which case the court shall return the license to the defendant
upon his appeal being perfected.
(p) The procedure for appeal and trial shall be the
same as provided by law for misdemeanors; if requested by either
party, trial by jury shall be as provided in Article 4 of Chapter
15 (Section 19.2-260, et seq.) of Title 19.2, Code of Virginia,
and the city shall be required to prove its case beyond a
reasonable doubt.
(q) No person arrested for a violation of section
22-84 shall be required to execute in favor of any person or
corporation a waiver or release of liability in connection with
the withdrawal of blood and as a condition precedent to the
withdrawal of blood as provided for herein.
(r) The court or the jury trying the case shall
determine the innocence or the guilt of the defendant from all
the evidence concerning his condition at the time of the alleged
offense.
(r.l) Chemical analysis of a person's breath, to be
considered valid under the provisions of this section, shall be
performed by an individual possessing a valid license to conduct
such tests, with a type of equipment and in accordance with the
methods approved by the s~a~e-fiea~~fi-eeffiffifssfeAe~ division. Such
breath-testing equipment shall be tested for its accuracy by the
s~a~e-fiea~~fi-eeffiffifssfeAe~~s-e€€fee division at least once every
six (6) months.
The s~a~e-fiea~~fi-eeffiffifssfeAe~ division is directed to
establish a training program for all individuals who are to
administer the breath tests, of at least forty (40) hours of
instruction in the operation of the breath-test equipment and the
administration of such tests. Upon the successful completion of
-73-
the training program, the division may issue a license to the
individual operator indicating that he has completed the course
and is authorized to conduct a breath-test analysis. Licenses
previously issued by the state health commissioner shall continue
to be bvalid until the expiration date.
Any individual conducting a breath test under the
provisions of this section and as authorized by the s~a~e
ftea~~ft-eeffiffiissieHe~ division shall issue a certificate which will
indicate that the test was conducted in accordance with the
manufacturer's specifications, the equipment on which the breath
test was conducted has been tested within the past six (6) months
and has been found to be accurate, the name of the accused, the
date, the time the sample was taken from the accused, the
alcoholic content of the sample, and by whom the sample was
examined. The certificate, as provided for in this section, when
duly attested by the authorized individual conducting the breath
test, shall be admissible in any court in any criminal proceeding
as evidence of the alcoholic content of the blood of the accused.
In no case may the officer making the arrest, or anyone with him
at the time of the arrest, or anyone participating in the arrest
of the accused, make the breath test or analyze the results
thereof. A copy of such certificate shall be forthwith delivered
to the accused.
(s) The steps herein set forth relating to the taking,
handling, identification and disposition of blood or breath
samples are procedural in nature and not substantive.
Substantial compliance therewith shall be deemed to be
sufficient. Failure to comply with anyone or more of such steps
or portions thereof, or a variance in the results of two (2)
blood tests shall not of itself be grounds for finding the
defendant not guilty, but shall go to the weight of the evidence
and shall be considered as set forth above with all the evidence
in the case, provided that the defendant shall have the right to
introduce evidence on his own behalf to show noncompliance with
-74-
the aforesaid procedure or any part thereof, and that as a result
his rights were prejudiced.
Adopted by the Council of the city of Virgina Beach on
the 17th day of December, 1979.
MES/kg/vp
12/03/79
( 7 )
-75-
On mo t ion by Co unc ilman Herr ic k, seconded by Counc ilwoman Oberndor f,
City Council voted to APPROVE the above Ordinance to amend and re-
ordain Section 22-42 and 22-84.2 of the Code of the City of Virginia
Beach, Virginia, relating to Motor Vehicles.
Voting:
11-0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, George R. Ferrell,
Barbara M. Henley, Clarence A. Holland, Vice
Mayor J. Henry McCoy, Jr., Donald W. Merrick,
Meyera E. Oberndorf, J. Curtis Payne, Roger L.
Riggs, and Mayor Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
None
-76-
(ITEM 11-1.1)
ITEM 1114601
PLANNING AGENDA
Mr. Herbert White, representing Mr. Alexander Salzberg, appeared
in favor.
Up on mo t ion by Co un c ilman Ervin, se conded by Co unc ilman Merr ic k,
City Council voted to uphold the recommendation of the Planning
Commission and APPROVE the request of Mr. Alexander M. Salzberg
for a variance to Section 4.4(b) of the Subdivision Ordinance
which requires lot dimensions to conform to the Comprehensive
Zoning Ordinance; and, to subdivide a 7,990 square foot parcel
located at the Southwest corner of 89th Street and Atlantic
Avenue into two lots.
Subdivision Variance: Appeal from Decisions of Administrative
Officers in regard to certain elements of the Subdivision Ordinance,
Subdivision for Alexander M. Salzberg. Property located at the
Southwest corner of Atlantic Avenue and 89th Street. More detailed
information is available in the Department of Planning.
The applicant requests a variance to Section 4.4(b) of the
Subdivision Ordinance which requires lot dimensions to conform
to the Comprehensive Zoning Ordinance. The applicant wishes to
subdivide a 7,990 square foot parcel located at the Southwest
corner of 89th Street and Atlantic Avenue into two (2) lots.
It now consists of three (3) lots and a portion of a fourth.
Voting:
11-0
-77-
-
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, George R. Ferrell,
Barbara M. Henley, Clarence A. Holland, Vice
Mayor J. Henry McCoy, Jr., Donald W. Merrick,
Meyera E. Oberndorf, J. Curtis Payne, Roger L.
Riggs, and Mayor Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
None
-78-
(ITEM II-I. 2)
ITEM #14602
On motion by Councilman Ferrell, seconded by Councilman Holland, City
Council voted to uphold the recommendation of the Planning Commission
and APPROVE the following Changes of Zoning to P-l Preservation
District on Municipal Parks located in the City of Virginia Beach:
ORDINANCE UPON APPLICATION OF THE CITY OF
VIRGINIA BEACH FOR A CHANGE OF ZONING
DISTRICT CLASSIFICATION TO R-6 RESIDENTIAL
DISTRICT TO P-l PRESERVATION DISTRICT.
Z01279464
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA, THAT:
Ordinance upon application of the City of Virginia Beach for a Change
of Zoning District Classification from R-6 Residential District to P-l
Preservation District on property known as BAYVILLE FARM located on
the North side of First Court Road beginning at a point 450 feet more
or less West of Bay Lake Road, running a distance of 4600 feet more or
less along the North side of First Court Road, running a distance of
500 feet along the Western property line, running a distance of 2730
feet in an Easterly direction, running a distance of 750 feet in a
Northwesterly direction, running a distance of 800 feet more or less
in a Northeasterly direction and running a distance of 1100 feet more
or less in a Southeasterly direction. Bayside Borough.
ORDINANCE UPON APPLICATION OF THE CITY OF Z01279465
VIRGINIA BEACH FOR A CHANGE OF ZONING
DISTRICT CLASSIFICATION FROM AG-l AGRICULTURAL
DISTRICT TO P-l PRESERVATION DISTRICT
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA, THAT:
Ordinance upon application of the City of Virginia Beach for a Change
of Zoning District Classification from AG-l Agricultural District to
P-l Preservation District on property known as MUNDEN POINT PARK lo-
cated on the West side of Currituck Street beginning at a point 1300
feet more or less North of Munden Point Road, running a distance of
1200 feet more or less alon~ the West side of Currituck Street,
running a distance of 3400 feet more or less along the Northern
property line, running a distance of 4500 feet more or less along
the Western property line and running a distance of 1700 feet more
or less along the Southern property line. Pungo Borough.
1 21 1 7 I 7 9
-79-
ORDINANCE UPON APPLICATION OF THE CITY OF Z01279466
VIRGINIA BEACH FOR A CHANGE OF ZONING
DISTRICT CLASSIFICATION FROM R-6 RESIDENTIAL
DISTRICT TO P-I PRESERVATION DISTRICT
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA, THAT:
Ordinance upon application of the City of Virginia Beach for a Change
of Zoning District Classification from R-6 Residential District to P-l
Preservation District on property known as BOW CREEK PARK located 150
feet North of Bow Creek Boulevard beginning at a point 120 feet West
of Club House Road, running a distance of 4450 feet more or less along
the Southern property line, running a distance of 1570 feet along the
Western property line, running a distance of 5400 feet more or less
along the Northern property line and running a distance of 1600 feet
more or less along the Eastern property line. Lynnhaven and Princess
Anne Boroughs.
ORDINANCE UPON APPLICATION OF THE CITY Z01279467
OF VIRGINIA BEACH FOR A CHANGE OF ZONING
DISTRICT CLASSIFICATION FROM R-5 RESIDENTIAL
DISTRICT TO P-l PRESERVATION DISTRICT
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA, THAT:
Ordinance upon application of the City of Virginia Beach for a Change
of Zoning District Classification from R-5 Residential District to P-l
Preservation District on property known as LYNNHAVEN PARK located on
the South side of First Colonial Road beginning at a point 300 feet
more or less West of Mill Dam Road, running a distance of 300 feet along
the South side of First Colonial Road, running a distance of 1370 feet
along the Western property line, running a distance of 620 feet along
the Southern property line and running a distance of 1400 feet along the
Eastern property line. Lynnhaven Borough.
ORDINANCE UPON APPLICATION OF THE CITY OF
VIRGINIA BEACH FOR A CHANGE OF ZONING
DISTRICT CLASSIFICATION FROM B-4 RESORT-
COMMERCIAL DISTRICT TO P-l PRESERVATION
DISTRICT
Z01279468
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA, THAT:
Ordinance upon application of the City of Virginia Beach for a Change
of Zoning District Classification from B-4 Resort-Commercial District
to P-l Preservation District on property known as LYNNHAVEN MARINA lo-
cated on the South side of Lynnhaven Drive beginning at a point 330
feet East of Vista Circle, running a distance of 220 feet along the
South side of Lynnhaven Drive, running a distance of 500 feet along
the Eastern property line, running a distance of 220 feet along the
Northern boundary of Long Creek and running a distance of 530 feet
along the Western property line. Lynnhaven Borough.
1 21 1 7 I 7 9
-80-
ORDINANCE UPON APPLICATION OF THE CITY OF Z01279469
VIRGINIA BEACH FOR A CHANGE OF ZONING
DISTRICT CLASSIFICATION FROM R-8 RESIDENTIAL
DISTRICT TO P-l PRESERVATION DISTRICT
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA, THAT:
Ordinance upon application of the City of Virginia Beach for a Change
of Zoning District Classification from R-8 Residential District to P-l
Preservation District on property known as WOODSTOCK PARK located on
the East side of Interstate 64 beginning at a point 70 feet more or
less North of Indian River Road, running a distance of 2550 feet along
the Eastern property line, running a distance of 1180 feet along the
Northern property line and running a distance of 1990 feet more or
less along the East side of Interstate 64. Kempsville Borough.
ORDINANCE UPON APPLICATION OF THE CITY Z01279470
OF VIRGINIA BEACH FOR A CHANGE OF ZONING
DISTRICT CLASSIFICATION FROM R-l RESIDENTIAL
DISTRICT AND R- 3 RESIDENTIAL DISTRICT TO P-l
PRESERVATION DISTRICT.
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA, THAT:
Ordinance upon application of the City of Virginia Beach for a Change
of Zoning District Classification from R-l Residential District and
R-3 Residential District to P-l Preservation District on parcels
known as GREAT NECK PARK:
Parcell: Change of Zoning District Classification from R-l Residential
District to P-l Preservation District on property located on the North
side of Shorehaven Drive beginning at a point 2950 feet West of North
Great Neck Road, running a distance of 700 feet more or less along the
North side of Shorehaven Drive, running a distance of 1100 feet more or
less in a Northwesterly direction, running a distance of 400 feet in a
Northerly direction, running a distance of 820 feet more or less in a
Northeasterly direction, running a distance of 620 feet along the
Northern property line and running a distance of 1670 feet more or
less along the Eastern property line.
Parcel 2: Change of Zoning District Classification from R-3 Residential
District to P-l Preservation District on property located on the South
side of Shorehaven Drive beginning at a point 2400 feet West of North
Great Neck Road, running a distance of 550 feet along the North side
of Shorehaven Road, running a distance of2950 feet along the Western
property line, running a distance of 250 feet along the Northern pro-
perty line, running a distance of 900 feet in a Southeasterly direction,
running a distance of 1400 feet in a Southerly direction, running a
distance of 120 feet in an Easterly direction and running a distance of
810 feet in a Southerly direction.
Parcel 3: Change of Zoning District Classification from R-3 Residential
District to P-l Preservation District on property located on the South
side of Shorehaven Drive beginning at a point 620 feet West of North
Great Neck Road, running a distance of 800 feet along the South side
of Shorehaven Drive, running a distance of 630 feet along the Western
property line, running a distance of 1070 feet more or less along the
Southern property line and running a distance of 450 feet more or less
along the Eastern property line. Lynnhaven Borough
1 21 1 7/ 7 9
-81-
Voting:
11-0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, George R. Ferrell,
Barbara M. Henley, Clarence A. Holland, Vice
Mayor J. Henry McCoy, Jr., Donald W. Merrick,
Meyera E. Oberndorf, J. Curtis Payne, Roger L.
Riggs, and Mayor Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
None
(ITEM 11-1.3)
ITEM #14603
Mr. A. B. Midgette, representing Funland Corporation, appeared in
favor.
On motion by Councilman Merrick, seconded by Councilman Ferrell, City
Council voted to uphold the recommendation of the Planning Commission
and APPROVE the following Ordinance upon application of Funland
Corporation for a Conditional use Permit for a miniature golf course;
subject to the three (3) conditions outlined in the City Manager's
letter:
ORDINANCE UPON APPLICATION OF FUNLAND
CORPORATION FOR A CONDITIONAL USE PERMIT
FOR A MINIATURE GOLF COURSE
R01279290
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA, THAT:
Ordinance upon application of Funland Corporation for a Conditional Use
Permit for a miniature golf course on certain property located on the
West side of General Booth Boulevard beginning at a point 1100 feet more
or less North of South Birdneck Road, running a distance of 1170 feet
more or less along the Southern property line, running a distance of 618
feet more or less along the Western property line, running a distance of
194.03 feet along the Northern property line, running a distance of 879
feet more or less in a Southeasterly direction, and running a distance of
50 feet along the West side of General Booth Boulevard. Said parcel
contains 9.31 acres. Lynnhaven Borough.
Approval is subject to the following conditions ln conjunction with
the intended use of the land:
12/ 1 71 79
-82-
1. Standard improvements as required by the
Site Plan Ordinance
2. Restroom facilities are to be provided.
No portion of this development shall be
constructed over the drainfield area.
3. Parking at a standard of 1 1/2 spaces
per hole.
This Ordinance shall be effective upon date of adoption.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the 17th day of December, 1979.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, George R. Ferrell,
Barbara M. Henley, Clarence A. Holland, Vice
Mayor J. Henry McCoy, Jr., Donald W. Merrick,
Meyera E. Oberndorf, J. Curtis Payne, Roger L.
Riggs, and Mayor Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
None
1 21 1 71 79
-83-
(I TEM 11- 1. 4 )
ITEM #14604
Mr. James Pickrell, Attorney, represented the applicant.
The following appeared in opposition:
Mr. Lionel Hancock, III, Attorney
Mr. Johnnie Hartley
Mr. Joel E. Burroughs
On motion by Councilman Payne, seconded by Councilman Baum, City
Council voted to uphold the recommendation of the Planning Commission
and APPROVE the following Ordinance upon application of Capricorn
Associates, a Limited Partnership in Virginia, for a Conditional Use
Permit for a borrow pit; subject to the eight (8) stipulations out-
lined in the City Manager's letter; and, the inclusion of the following
stipulation:
"Applicant voluntarily agrees, in writing, in
legal documentation for a period of ten (10)
years that there will be no resubdivision or
development on subject property."
ORDINANCE UPON APPLICATION OF CAPRICORN
ASSOCIATES~ A LIMITED PARTNERSHIP IN
VIRGINIA, FOR A CONDITIONAL USE PEm1IT
FOR A BORROW PIT
R01279291
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA, THAT:
Ordinance upon application of Capricorn Associates, a Limited
Partnership in Virginia, for a Conditional Use Permit for a
borrow pit on certain property located on the West side of
Princess Anne Road beginning at a point 2640 feet more or less
South of Sandbridge Road, running a distance of 1185.34 feet
along the VJest side of Princess Anne Road, running a distance
of 2608.67 feet along the Southern property line, running a
distance of 795.07 feet along the Western property line, running
a distance of 2706.10 feet along the Northern property line,
running a distance of 1165.16 feet in a Southerly direction
and running a distance of 893.66 feet in a Southeasterly direction.
Said parcel contains 102.96 acres. Princess Anne Borough.
Approval is subject to the following conditions in conjunction with
the intended use of the land:
1. Compliance with Article 2, Section 228 of the
Comprehensive Zoning Ordinance pertaining to
Extractive Industries.
2. Restroom facilities must be provided.
3. The applicant is to submit to the Department
of Public Works, for review and approval, all
the necessary information as indicated in
Section 31.2 of the City Code.
1 21 1 71 7 9
-84-
4. Upon approval by City Council, and prior to
issuance of an excavation permit, the applicant
is to submit to the Department of Public Works
an Erosion, Sediment Control and Tree Protection
Plan and a Surety Bond in the amount of $500.00
per acre or part thereof for each acre to be
excavated.
5. Prior to the issuance of an excavation permit,
the applicant is to submit a drainage area map
and calculations, including the methods to be
used for dewatering. All water leaving the
site shall be run through an approved erosion
and sediment control device.
6. The borrow pit operator will be responsible for
continuous water service from the private wells
of adjacent residents.
7. Renewal of the Use Permit after a five (5) year
period.
8. A dedication of right-of-way 25 feet from the
centerline of the existing 30-foot right-of-way
along the 1,185.34 foot frontage on Princess
Anne Road (a lO-foot dedication).
9. Applicant voluntarily agrees, in writing, in
legal documentation for a period of ten (10)
years that there will be no resubdivision or
development on subject property.
This Ordinance shall be effective upon date of adoption.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the
17th day of
December ,1979.
Voting: 9- 2
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, George R. Ferrell,
Clarence A. Holland, Vice Mayor J. Henry McCoy,
Jr., Donald W. Merrick, J. Curtis Payne, Roger
L. Riggs, and Mayor Patrick L. Standing
Council Members Voting Nay:
Barbara M. Henley, and Meyera E. Oberndorf
Council Members Absent:
None
1 21 1 71 79
-85-
( I TEM I 1- 1. 5 )
ITEM #14605
Mr. Richard Bell, Seawall Enterprises, appeared ln favor
Mr. Robert J. Smith, President of the Chesapeake Beach Civic
League, appeared in opposition.
On motion by Councilman Holland, seconded by Councilman Ervin,
City Council voted to uphold the recommendations of the Planning
Commission and APPROVE the following Subdivision Variance for
Seawall Enterprises, Inc:
Subdivision Variance: Appeal from Decisions of Administrative Officers
in regard to certain elements of the Subdivision Ordinance, Subdivision
for Seawall Enterprises, Inc. Property located on the South side of
Ocean View Avenue, and is known as Lot 20, Block 17, Chesapeake Park.
Plats with more detailed information are available in the Department
of Planning.
The applicant requested a variance to Section 4.4(b) of the Subdivision
Ordinance which requires lot dimensions to conform to the Comprehensive
Zoning Ordinance. This 7,750 square foot site located on the south side
of Ocean View Avenue, West of the Chesapeake Bay Bridge-Tunnel, consists
of two (2) lots.
Approval subject to the following:
1. Both lots would remain nonconforming.
Voting:
11-0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, George R. Ferrell,
Barbara M. Henley, Clarence A. Holland, Vice
Mayor J. Henry McCoy, Jr., Donald W. Merrick,
Meyera E. Oberndorf, J. Curtis Payne, Roger L.
Riggs, and Mayor Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
None
1 21 1 7 I 7 9
-86-
(ITEM 11-1.6)
ITEM #1460 6
Mr. Richard Bell, Seawall Enterprises, appeared in favor.
Mr. Robert J. Smith, Chesapeake Beach Civic League, appeared ln
opposition.
On notion by Councilman Holland, seconded by Councilman Ferrell, City
Council voted to uphold the recommendation of the Planning Commission
and APPROVE the following Ordinance upon application of Seawall
Enterprises, Inc'l for a Conditional Use Permit for dune disturbing
activity; subject to the four (4) conditions outlined in the City
Manager's letter:
ORDINANCE UPON APPLICATION OF SEAWALL
ENTERPRISES, INC., FOR A CONDITIONAL
USE PERMIT FOR DUNE DISTURBING ACTIVITY
R01279292
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA, THAT:
Ordinance upon application of Seawall Enterprises, Inc., for a
Conditional Use Permit for dune disturbing activity on certain
property located on the South side of Ocean View Avenue, beginning
at a point 20 feet West of the Chesapeake Bay Bridge-Tunnel, running
a distance of 74.65 feet along the South side of Ocean View Avenue,
running a distance of 100 feet along the Western property line,
running a distance of 100 feet along the Southern property line
and running a distance of 80 feet along the Eastern property line.
Said parcel is known as Lot 20, Block 17, Chesapeake Park and
contains .17 acre. Bayside Borough.
Approval is subject to the following conditions ln conjunction with
the intended use of the land:
1. City water and sewer.
2. The elevation of the proposed structure on
pilings in order to allow free flow of wind
beneath the structures.
3. No vegetative removal to the north of the
structures.
4. No contour changes or dune alteration seaward
of the proposed structures, except that the
existing breach in the primary dune should be
be closed with material from the landward side
of the primary dune and then vegatated.
This Ordinance shall be effective upon date of adoption.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the 17th day of
December, 1979.
Voting: 11-0
1 2/1 71 79
-87-
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, George R. Ferrell,
Barbara M. Henley, Clarence A. Holland, Vice
Mayor J. Henry McCoy, Jr., Donald W. Merrick,
Meyera E. Oberndorf, J. Curtis Payne, Roger L.
Riggs, and Mayor Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
None
( I TE M I 1-1. 7)
ITEM #14607
Mr. Thomas C. Broyles, Attorney, represented the applicant.
On motion by Councilman Merrick, seconded by Councilwoman Henley, City
Council voted to uphold the recommendation of the Planning Commission
and the Planning Director and APPROVE the following Ordinance upon
application of Virginia Ventures, Inc., a Virginia Corporation, for a
Change of Zoning District Classification from R-5 Residential District
to A-2 Apartment District (modified from A-3 Apartment District); subject
to the six (6) conditions as outlined in the City Manager's letter:
ORDINANCE UPON APPLICATION OF VIRGINIA
VENTURES, INC., A VIRGINIA CORPORATION,
FOR A CHANGE OF ZONING DISTRICT CLASSI-
FICATION FROM R-5 RESIDENTIAL DISTRICT
TO A-2 APARTMENT DISTRICT (MODIFIED
FROM A-3 APARTMENT DISTRICT)
Z01279471
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA, THAT:
Ordinance upon application of Virginia Ventures, Inc., a Virginia
Corporation, for a Change of Zoning District Classification from
R-5 Residential District to A-2 Apartment District (modified from
A-3 Apartment District) on certain property located on the West
side of South Oriole Drive beginning at a point 327.88 feet South
of Laskin Road, running a distance of 330.44 feet along the West
side of South Oriole Drive, running a distance of 409.60 feet along
the Southern property line, running a distance of 227.06 feet along
the Western property line and running a distance of 350 feet along
the Northern property line. Said parcel contains 2.43 acres.
Lynnhaven Borough.
Approval is subject to the following conditions ln conjunction with
the intended use of the land:
1. Modified to A-2 Apartment District.
1 21 1 7 I 7 9
-88-
2. Standard improvements as required by the
Site Plan Ordinance.
3. City water and sewer.
4. Right-of-way improvements will be necessary
along South Oriole Drive; this includes
pavement widening, curb and gutter, sidewalk
and drainage facilities.
5. The existing ditch along the southern property
line is to be piped with development.
6. A 15-foot dedication along South Oriole Drive.
This Ordinance shall be effective upon date of adoption.
Adopted by the Council of the City of Virginia Beachl
Virginial on the
17th
day of
December
I 1979
Voting:
11-0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, George R. Ferrell,
Barbara M. Henley, Clarence A. Holland, Vice
Mayor J. Henry McCoy, Jr., Donald W. Merrick,
Meyera E. Oberndorf, J. Curtis Payne, Roger L.
Riggs, and Mayor Patrick L. Standing
Council Members Voting Nay:
Hone
Council Members Absent:
None
1 21 1 7/ 7 9
-89-
( I TEM I 1- 1. 8)
ITEM #14608
Mr. George Holmes appeared regarding his application.
On motion by Vice Mayor McCoy, seconded by Councilman Ferrell, City
Council voted to uphold the recommendation of the Planning Commission
and APPROVE the following Ordinance upon application of George Holmes
for a Conditional Use Permit for a home for the aged:
ORDINANCE UPON APPLICATION OF GEORGE HOLMES
FOR A CONDITIONAL USE PERMIT FOR A HOME FOR
THE AGED
ROl279293
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA, THAT:
Ordinance upon application of George Holmes for a Conditional Use
Permit for a home for the aged on certain property located at the
Northeast corner of Bonney Road and Budding Avenue, running a dis-
tance of 235.62 feet along the North side of Bonney Road, running
a distance of 254.30 feet along the Eastern property line, running
a distance of 240 feet along the Northern property line, and running
a distance of 271.33 feet along the East side of Budding Avenue.
Said parcel contains 1.5 acres. Kempsville Borough.
Approval is subject to the following conditions ln conjunction with
the intended use of the land:
1. Standard improvements as required by the
Site Plan Ordinance.
2. City water and sewer.
3. Right-of-way improvements will be necessary
along Budding Avenue; this includes pavement
widening, curb and gutter, sidewalk, and
drainage facilities.
4. Parking at a ratio of one space per four
patient beds in the facility.
5. A landscaped buffer along the northern
property line.
This Ordinance shall be effective upon date of adoption.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the 17th
day of
December ,1979
Voting: 11-0
121 1 7/ 79
-90-
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, George R. Ferrell,
Barbara M. Henley, Clarence A. Holland, Vice
Mayor J. Henry McCoy, Jr., Donald W. Merrick,
Meyera E. Oberndorf, J. Curtis Payne, Roger L.
Riggs, and Mayor Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
None
(ITEM 11-1.9
ITEM #14609
COUNCILMAN RIGGS LEFT COUNCIL CHAMBERS
Mrs. Gloria Swenney appeared ln opposition.
On motion by Councilman Payne, seconded by Councilman Ferrell, City
Council voted to DEFER FOR THIRTY DAYS (January 21, 1980) the following
Subdivision Variance request of Eugene and Christine Herf'lan; and directed
the Planning Director to have the sign posted properly.
Subdivision Variance: Appeal from Decisions of Administrative Officers
in regard to certain elements of the Subdivision Ordinance, Subdivision
for Eugene and Christine Herman. Property located on the West side of
Lotus Drive, 607.99 feet North of Sandbridge Road. More detailed
information is available in the Department of Planning.
The applicants request a variance to Section 4.4(b) of the Subdivision
Ordinance which requires lot dimensions to conform to the Comprehensive
Zoning Ordinance. The applicants wish to subdivide an approximate
2.563 acre site located on the West side of Lotus Drive, 607.99 feet
North of Sandbridge Road, into two lots.
THE MATTER WAS DEFERRED AS THE SIGN WAS NOT POSTED PROPERLY.
Voting:
10-0
Council Members Voting Aye:
(for deferral)
John A. Baum, F. Reid Ervin, George R. Ferrell,
Barbara M. Henley, Clarence A. Holland, Vice
Mayor J. Henry McCoy, Jr., Donald W. Merrick,
Meyera E. Oberndorf, J. Curtis Payne, and Mayor
Patrick L. Standing
121 1 71 79
-91-
Council Members Voting Nay:
None
Council Members Absent:
Roger L. Riggs
COUNCILMAN RIGGS RETURNED TO CH&~BERS
( I TEM I 1- 1. 1 0 )
ITEM #146 10
Mr. Richard Bell, Seawall Enterprises, appeared ln favor
The following appeared in opposition:
Mr. James Pickrell, Attorney
Mr. Robert J. Smith, President, Chesapeake Beach
civic League
On motion by Councilman Holland, seconded by Councilman Baum, City
Council voted to DEFER FOR FIVE WEEKS (January 28, 1980) the following
Ordinance upon application of Seawall Enterprises, Inc., for a Change
of Zoning District Classification from R-8 Residential District to R-9
Residential Townhouse District; and directed the Planning Director to
have the sign posted properly:
Ordinance upon application of Seawall Enterprises, Inc., for a Change
of Zoning District Classification from R-8 Residential District to R-9
Residential Townhouse District on parcels located at the Southeast and
Southwest intersections of Lauderdale Avenue and Northampton Boulevard.
Parcell: Beginning at the Southeast intersection of Lauderdale Avenue
and Northampton Boulevard, running a distance of 155 feet along the East
side of Northampton Boulevard, running a distance of 750 feet more or
less along the Southern property line and running a distance of 800
feet more or less along the Northern property line.
Parcel 2: Beginning at the Southwest intersection of Lauderdale Avenue
and Northampton Boulevard, running a distance of 285 feet more or less
along the West side of Northampton Boulevard, running a distance of 500
feet more or less in a Northwesterly direction, running a distance of 20
feet in a Southerly direction, running a distance of 480 feet more or
less in a Southeasterly direction, running a distance of 140 feet more
or less along the West side of Northampton Boulevard, running a distance
of 500 feet more or less along the Southern property line, running a
distance of 320 feet more or less along the Western property line and
running a distance of 600 feet more or less along the South side of
Lauderdale Avenue.
Parcels contain 5.14 acres.
Bayside Borough.
Voting: 11-0
1 21 1 7/ 7 9
-92-
Council Members Voting Aye:
(for deferral)
John A. Baum, F. Reid Ervin, George R. Ferrell,
Barbara M. Henley, Clarence A. Holland, Vice
Mayor J. Henry McCoy, Jr., Donald W. Merrick,
Meyera E. Oberndorf, J. Curtis Payne, Roger L.
Riggs, and Mayor Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
None
( I TEM I I - 1. 11 )
ITEM #14E 11
Mr. Joseph Waldo, Attorney, represented the applicant
On motion by Vice Mayor McCoy, seconded by Councilman Ferrell, City
Council voted to DEFER UNTIL JANUARY 14, 1980 the following Ordinance
upon application of Kempsville Meadows1 Inc., for a Conditional Use
Permit for a self-service car wash, as the sign was not properly
posted:
Ordinance upon application of Kempsville Meadows, Inc., for a Conditional
Use Permit for a self-service car wash on certain property located on the
South side of Holland Road beginning at a point 160 feet more or less West
of Edwin Drive, running a distance of 120 feet along the South side of
Holland Road, running a distance of 233 feet along the Western property
line, running a distance of 334 feet along the Southern property line,
running a distance of 76.71 feet along t.he West side of Edwi.n Drive,
running a distance of 208.81 feet in a Northwesterly direction and
running a distance of 199.98 feet in a Northeasterly direction. Said
parcel contains .357 acre. Kempsville Borough.
Voting: 11-0
Council Members Voting Aye:
(for deferral)
John A. Baum, F. Reid Ervin, George R. Ferrell,
Barbara M. Henley, Clarence A. Holland, Vice
Mayor J. Henry McCoy, Jr., Donald W. Merrick,
Meyera E. Oberndorf, J. Curtis Payne, Roger L.
Riggs, and Mayor Patrick L. Standing
1 21 1 71 7 9
-93-
Council Members Voting Nay:
None
Council Members Absent:
None
(ITEM 11-1.12)
ITEM #14612
The following appeared ln favor of the proposed closure:
Honorable A. Joseph Canada, Attorney,
representing the applicant
Mr. Gary L. Nelson, applicant
Mr. John Hudson
The following appeared in opposition to the proposed closure:
Mr. James Pickrell, Attorney, representing
Southland Corporation
Mr. Roger O'Shields
On motion by Councilman Payne, seconded by Councilman Baum, City Council
voted to uphold the recommendations of the Viewers and the Planning
Commission and DENY the following Ordinance upon application of Gary
L. Nelson for the discontinuance, closure and abandonment of a portion
of Garfield Avenue beginning at the Southern boundary of Alabama Road
and extending in a Southerly direction a distance of 300 feet to the
Northern boundary of Holland Road. Said parcel contains .34 acre
more or less. Princess Anne Borough.
Voting: 11-0
Council Members Voting Aye:
(for denial)
John A. Baum, F. Reid Ervin, George R. Ferrell,
Barbara M. Henley, Clarence A. Holland, Vice
Mayor J. Henry McCoy, Jr., Donald W. Merrick,
Meyera E. Oberndorf, J. Curtis Payne, Roger L.
Riggs, and Mayor Patrick L. Standing
Council Members Voting Nay:
None
1 21 1 71 79
- 9 3a -
IN THE MATTER OF CLOSING, VACATING AND
DISCONTINUING A PORTION OF THAT CERTAIN
STREET OF APPROXIMATELY 50 FEET, MORE OR
LESS, IN WIDTH, KNOWN AS GARFIELD AVENUE,
AS SHOWN ON A CERTAIN PLAT LOCATED IN
MAP BOOK 7, AT PAGE 70, BETWEEN GARFIELD
AVENUE IN THE PECAN GARDENS AREA IN THE
CITY OF VIRGIN~A BEACH, VIRGINIA, SAID
MAP BEING ATTACHED HERETO.
PET I T ION
TO: THE MAYOR AND THE MEMBERS OF THE COUNCIL
OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Your petitioner, Gary L. Nelson, respectfully
represents as follows:
1. That pursuant to the provisions of Section
l5.1-364 of the 1950 Code of Virginia, as amended, the
petitioner applies for the vacating, closing and discontinuance
of a portion of that certain street, which is more specifically
described as follows:
ALL THAT certain lot, piece or parcel of land,
lying, situate and being in the City of Virginia
Beach, Virginia, and described as:
BEGINNING at a point on the Southwestern corner of
Alabama Avenue, formerly 29th Street, as shown on
the Plat of Pecal Gardens, which plat is recorded
in the Clerk's Office of the Circuit Court of the
City of Virginia Beach, Virginia, in Map Book 7,
at Page 70, in a Southerly direction down the
Western line of Garfield Avenue to its terminus
with the Northerly right-of-way of Holland Road;
thence 50 feet, more or less in an Easterly direction
to a point on the right-of-way o~ Holland Road at its
terminus with Garfield Avenue; thence Northerly to
the Northeast corner of Garfield Avenue where it
runs into Alabama Avenue; thence West 50 feet, more
or less, to thepoint of beginning.
Said parcel of land being a portion of Garfield Avenue as indicated
on said Map attached hereto and made a part hereof and intended to
be recorded with the Ordinance closing the aforesaid street.
2. That no inconvenience will result to any persons
by reason of said closing, vacation and discontinuance of
said street; and the petitioner prays that this Honorable
- 93b-
Council appoint Viewers as proved by law to view said platted street
proposed to be closed and to report in writing to the City Council
on or before the
day of
1979, as to whether
in the opinion of said Viewers, what inconvenience, if any, would
"esult from the discontinuance and closing of this portion of said
street, as herein reported and described.
3.
That on the
day of JULY, 1979, Notice of the
presenting of this Application was posted at the Courthouse of the Circuit
Court of the City of Virginia Beach, Virginia, on the premises to be
closed, and at the City Hall Annex, 19th Street and Arctic Avenue,
Virginia Beach, Virginia, as evidenced by the Affidavit attached
hereto, and a copy of said Notice.
4. That the Petitioner is the attorney representing some of
the residents who are fee simple owners of all land along and adjacent
ro and affected by said portion of the platted street to be closed and
onsequently, and are the only landowners affected by the same.
GARY L. NELSON REPRESENTING PINE
NEEDLES HOUSING AREA
By I sf A. Joe Canada, Jr.
Of Counsel
A. J. Canada, Jr.
Canada, Butler and Butler
2420 Virginia Beach Boulevard
Virginia Beach, Virginia 23454
- 9 3c-
IN THE MATTER OF CLOSING, VACATING AND
DISCONTINUING A PORTION OF THAT CERTAIN
STREET OF APPROXIMATELY 50 FEET, MORE OR
LESS, IN WIDTH, KNOWN AS GARFIELD AVENUE,
AS SHOWN ON A CERTAIN PLAT LOCATED IN MAP
BOOK 7, AT PAGE 70, BETWEEN GARFIELD AVENUE,
IN THE PECAN GARDENS AREA IN THE CITY OF
IRGINIA BEACH, VIRGINIA, SAID MAP BEING
rTACHED HERETO.
WHEREAS, it appearing by affidavit that proper notice has been
given by Gary L. Nelson representing the Pine Needles Housing area,
that he would make application to the City Council of the City of
Virginia Beach, Virginia, on the
day of
1 9 7 9,
to have the hereinafter described street discontinued, closed and
vacated; and,
WHEREAS, it is the judgment of the City Council that said street
be discontinued, closed and vacated;
NOW, THEREFORE,
SECTION I
BE IT ORDAINED BY THE City Council of the City of Virginia Beach,
Virginia, that the hereinafter described street be discontinued, closed
and vacated:
ALL THAT certain lot, piece or parcel of land, lying,
situate and being in the City of Virginia Beach,
Virginia, and described as:
BEGINNING at a point on the Southwestern corner of
Alabama Avenue, formerly 29th Street, as shown on the
Plat of Pecan Gardens, which plat is recorded in the
Clerk's Office of the Circuit Court of the City of
Virginia Beach, Virginia, in Map Book 7, at Page 70,
in a Southerly direction down the Western line of
Garfield Avenue to its terminus with the Northerly
right-of-way of Holland Road; thence 50 feet, more
or less, in an Easterly direction to a point on the
right-of-way of Holland Road at its terminus with
Garfield Avenue; thence Northerly to the Northeast
corner of Garfield Avenue where it runs into Alabama
Avenue; thence west 50 feet more or less, to the
point of beginning.
'll--.
- 9 3d -
Said parcel of land being a portion of Garfield Avenue as
indicated on a certain Map which is attached hereto.
SECTION II
This Order shall be in effect 30 days from its passage.
1'l/1'7/,(}
- 9 3e-
ORDINANCE APPOINTING VIEWERS
WHEREAS, Gary L. Nelson, representing Pine Needles Housing area,
has given due and proper notice, in accordance with the Statutes for
uch cases made and provided that they will on the
day of
1979, apply to the City Council of the City of Virginia
Beach, Virginia, for the appointment of Viewers to view the below-described
property and report in writing to the Council whether, in the opinion
of said Viewers, any, and if any, what inconvenience would result from
the discontinuance of the hereinafter described portion of that certain
street of approximately 50 feet, more or less, in width, and has filed
such application with said Council.
NOW, THEREFORE, be it ORDAINED by the Council of the City of
Virginia Beach, Virginia:
THAT
Robert J. Scott
C. Oral Lambert, Jr.
David M. Grochmal
re hereby appointed to view the below-described property and report in
writing to the Council on or before
, 1 9 7 9,
whether in their opinion, any, and if any, what inconvenience would result
in the discontinuing and vacating of a portion of that certain street of
approximately 50 feet, more or less in width, located in the City of
Virginia Beach, Virginia, and more particularly described as follows:
ALL THAT certain lot, piece or parcel of land,
lying, situate and being in the City of Virginia
Beach, Virginia, and described as:
BEGINNING at a point on the Southwestern corner
of Alabama Avenue, formerly 29th Street, as shown
on the Plat of Pecan Gardens, which plat is recorded
in the Clerk's Office of the Circuit Court of the
City of Virginia Beach, Virginia, in Map Book 7,
at Page 70, in a Southerly direction down the Western
-93f-
line of Garfield Avenue to its terminus with the
Northerly right-of-way of Holland Road; thence
50 feet, more or less, in an Easterly direction to
a point on the right-of-way on Holland Road and
its terminus with Garfield Avenue, thence Northerly
to the Northeast corner of Garfield Avenue where it
runs into Alabama Avenue; thence West 50 feet, more
or less, to the point of beginning.
All of the above as shown on the Map which shows the closing of
said Garfield Avenue between Holland Road and Alabama Avenue, in the
City of Virginia Beach, Virginia, which Map is attached hereto and made
a part hereof and intended to be recirded with the Ordinance closing the
aforedescribed street.
1,,)/1,1,(\
-94-
Council Members Absent:
None
(ITEM II-J.2.a.l)
ITEM #14613
ORDINANCES-SECOND READING
On motion by Councilman Riggs, seconded by Councilman Ferrell, City
Council voted to APPROVE ON SECOND READING the following Ordinance
to allocate an additional secretarial position and related appropriations
to the Personnel Department:
Voting: 11-0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, George R. Ferrell,
Barbara M. Henley, Clarence A. Holland, Vice
Mayor J. Henry McCoy, Jr., Donald W. Merrick,
Meyera E. Oberndorf, J. Curtis Payne, Roger L.
Riggs, and Mayor Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
None
1 21 1 7/ 7 9
-95-
AN ORDINANCE TO ALLOCATE AN
ADDITIONAL SECRETARIAL POSITION
AND RELATED APPROPRIATIONS TO
THE PERSONNEL DEPARTMENT
WHEREAS, the Personnel Department has experienced increased
workload due to processing and handling unemployment compensation
requests, tuition reimbursements, grievance activities, training
programs, and orientations, and
WHEREAS, these functions have resulted in many hours of over-
time by the existing secretarial staff without any gain on the work-
load, and
WHEREAS, the Personnel Department desires to obtain an addi-
tional Secretarial position to reduce the overtime and provide timely
handling of the workload, and
WHEREAS, they estimate the position, if effective January 1,
1980, to be $3,684 plus related capital outlays amounting to $1,570 for
a total costs of $5,254,
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH:
That an additional Secretary I position be allocated to the
Personnel Department and related appropriations in the amount of $5,254
be transferred from the General Fund Balance to that Department.
First Reading December 10, 1979
Second Reading December 17, 1979
Approved by the Council of the City of Virginia
Bea&hftoo.....tb.2- .to ('! 'W,1"\' r'r;-' c ".~.,,'i
APr't~YVt::"1J ,f&~.~j 8 \d ~"'"'~.',;, '. ,,'-~- '.. ..
17th day of
December
, 1979 .
J~I-7f-
-96-
(ITEM II-J.2.a.2)
ITEM #14614
On motion by Councilwoman Oberndorfl seconded by Councilman Ferrell,
City Council voted to APPROVE ON SECOND READING the following Ordinance
to appropriate funds of $4,500 for the Southeastern Virginia Areawide
Model Program, Inc. (SEVAMP):
Voting: 11-0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, George R. Ferrell,
Barbara M. Henley, Clarence A. Holland, Vice
Mayor J. Henry McCoy, Jr., Donald W. Merrick,
Meyera E. Oberndorf, J. Curtis Payne, Roger L.
Riggs, and Mayor Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
None
1 21 1 71 7 9
-97-
AN ORDINANCE TO APPROPRIATE FUNDS
OF $4,500 FOR THE SOUTHEASTERN
VIRGINIA AREAWIDE MODEL PROGRAM (SEVAMP), INC.
WHEREAS, a reduction in Federal Funding for the Southeastern
Virginia Areawide Model Program (SEVAMP), Inc. will result in a
shortage of approximately $30,000 directed towards the senior
citizens transportation program, and
WHEREAS, in order to continue this program a contribution,
based on the locality's percentage of senior citizens served,
is needed from all cities served by SEVAMP, and
WHEREAS, the local match required of Virginia Beach based
on this formula is $4,500.
NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA that funds of $4,500 be appropriated from
the General Fund Balance and provided to SEVAMP to assist in
funding the senior citizens transportation program.
Adopted by the Council of the City of Virginia Beach, Virginia
on the
17th day of
December
19~
First Reading:
December 10, 1979
Second Reading:
December 17, 1979
1 2/ 1 7/ 7 9
-98-
(ITEM II-J.2.a.3)
ITEM #14615
On motion by Councilwoman Oberndorf, seconded by Councilman Holland,
City Council voted to APPROVE ON SECOND READING the following Ordinance
to appropriate funds of $4,394 to the Planning Council of the Tidewater
Regional Hospice:
Voting:
11-0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, George R. Ferrell,
Barbara M. Henley, Clarence A. Holland, Vice
Mayor J. Henry McCoy, Jr., Donald W. Merrick,
Meyera E. Oberndorf, J. Curtis Payne, Roger L.
Riggs, and Mayor Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
None
1 21 1 71 79
-99-
AN ORDINANCE TO APPROPRIATE FUNDS
OF $4,394 TO THE PLANNING COUNCIL
OF THE TIDEWATER REGIONAL HOSPICE
WHEREAS, City Council wishes to support the effort to
establish a hospice to serve the Tidewater Area, and
WHEREAS, the Planning Council of the Tidewater Regional
Hospice has requested $4,394 from the City of Virginia Beach
as the city's local proportionate participation towards a
Hospice Planning budget of $34,532 and
WHEREAS, this planning budget will provide for a one year
study to determine the type of hospice needed in the area.
NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA that funds in the amount of $4,394
be appropriated from the General Fund Balance to The Planning
Council of the Tidewater Regional Hospice for the Hospice
Planning budget.
BE IT FURTHER ORDAINED that these funds are appropriated
contingent upon the proportionate participation of the other
Tidewater cities.
Adopted by the Council of the City of Virginia Beach on
the 17th
day of
December
, 19 79
First Reading:
December 10, 1979
Second Reading:
December 17, 1979
APpaOVED AS TO CON"fL1t.n
S:G",:/..T:.nE
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CITY A nORi'~[Y
1 21 1 7/ 79
-100-
(ITEM II-J.2.b.l)
ITEM #14616
ORDINANCES-FIRST READING
On motion by Councilman Payne, seconded by Councilman Holland, City
Council voted to APPROVE ON FIRST READING the following Ordinance
to allocate two permanent positions for the Housing and Community
Development Office:
Voting: 11-0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, George R. Ferrell,
Barbara M. Henley, Clarence A. Holland, Vice
Mayor J. Henry McCoy, Jr., Donald W. Merrick,
Meyera E. Oberndorf, J. Curtis Payne, Roger L.
Riggs, and Mayor Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
None
1 21 1 7 I 79
-101-
AN ORDINANCE TO ALLOCATE TWO
PERMANENT POSITIONS FOR THE
HOUSING AND COMMUNITY DEVELOPMENT OFFICE
WHEREAS, City Council approved the Fifth Year's funding for the
ffice of Housing and Community Development on March 12, 1979; and,
WHEREAS, the Office of Housing and Community Development requires
an additional permanent employee to prepare cost estimates and to
coordinate the on-site rehabilitation efforts of the City's Housing
Rehabilitation Loan/Grant Program; and,
WHEREAS, the Office of Housing and Community Development requires
a permanent employee to determine the eligibility of applicants for
assistance under the City's Housing Rehabilitation LoanlGrant Program;
and,
WHEREAS, Section 2 of the appropriation Ordinance for fiscal year
1979-80 requires City Council approval for new personnel positions not
set forth therein.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
IRGINIA BEACH, VIRGINIA:
THAT the following positions be added to the Office of Housing
and Community Development.
COMMUNITY DEVELOPMENT REHABILITATION SPECIALIST
COMMUNITY DEVELOPMENT ELIGIBILITY TECHNICIAN
THAT the positions will be financed from existing funds in the
Program's Fifth Year's funding and such funds are hereby authorized to
be transferred.
ADOPTED by the Council of the City of Virginia Beach, Virginia,
on the
day of
1979.
December 17,1979
FIRST READING:
SECOND READING:
BCM:MIU:dp
JD B : e r
11-20-79
-102-
(ITEM II-J.b.2)
ITEM #14617
On motion by Councilman Merrick, seconded by Vice Mayor McCoy, City
Council voted to APPROVE ON FIRST READING the following Ordinance
to appropriate funds for the acquisition of Defibrillators for the
Office of Emergency Medical Services:
Voting: 11-0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, George R. Ferrell,
Barbara M. Henley, Clarence A. Holland, ~ice
Mayor J. Henry McCoy, Jr., Donald W. Merrick,
Meyera E. Oberndorf, J. Curtis Payne, Roger L.
Riggs, and Mayor Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
None
1 2/ 1 71 7 9
-10 3-
AN ORDINANCE TO APPROPRIATE
FUNDS FOR THE ACQUISITION OF
DEFIBRILLATORS FOR THE OFFICE
OF EMERGENCY MEDICAL SERVICES
WHEREAS, it is a function of the Office of Emergency Medical
:ervices to maintain the quality of equipment in the Rescue Squads;
Lnd,
WHEREAS, the defibrillators presently used by the Rescue Squads
have been failing at a rate greater than medically acceptable; and,
WHEREAS, using Grant funds and contributions to the Rescue
Squads, they have been attempting to convert to more dependable
models and have succeeded for eighteen of the twenty-eight rescue
ve hic Ie s; and,
WHEREAS, they have exhausted their resources and cannot convert
the remaining ten vehicles without City assistance; and,
WHEREAS, the price of these units is $5,590 each through December 31,
1979, and will increase $700 each after that date.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
'IRGINIA BEACH:
That funds in the amount of $55,900 be appropriated from the
General Fund Balance to the Office of Emergency Medical Services for
the acquisition of ten defibrillators.
December 17,1979
FIRST READING:
SECOND READING:
Approved by the Council of the City of Virginia Beach, Virginia,
day of
1979.
on the
-104-
(ITEM II-J.3.a)
ITEM #14618
CITY CODE AMENDMENTS
AN ORDINANCE TO AMEND SECTION 2-34
OF THE CODE OF THE CITY OF VIRGINIA
BEACH, VIRGINIA RELATING TO ADMINISTRATION
OF THE BASIC PAY PLAN
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA:
That Section 2-34 of the Code of the City of Virginia Beach,
Virginia, be amended by adding a new section (d) as follows:
Section 2-34(d)
Conversion shall be the change, upon the request of the
employing authority, from full-time temporary status to full-time
permanent status. The Director of Personnel shall credit towards
probation, annual leave, service awards, merit increases, and annual
leave prior time worked in full-time temporary status to those
employees converted to full-time permanent status. Such credit will
be awarded to those converting employees who have rendered satisfactory
service during their temporary employment.
Aopted by the Council of the City of Virginia Beach on the
17th day of
December
, 19-1L.
APPt::,:j'
{.,~/ tJ'![;NTS
_t,/k(,
,~ '!
~d~~(,:~~ Ii
CITY ATTOrmEY
1 21 1 71 79
-105-
On motion by Councilman Merrick, seconded by Councilman Holland, City
Council voted to APPROVE the above Ordinance to amend Section 2-34 of
the Code of the City of Virginia Beach, Virginia, relating to Administration
of the Basic Pay Plan.
Voting:
11-0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, George R. Ferrell,
Barbara M. Henley, Clarence A. Holland, Vice
Mayor J. Henry McCoy, Jr., Donald W. Merrick,
Meyera E. Oberndorf, J. Curtis Payne, Roger L.
Riggs, and Mayor Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
None
121 171 79
-106-
(ITEM II-J.3.b)
ITEM #14619
AN ORDINANCE TO AMEND AND REORDAIN
SECTION 2-29 AND SECTION 2-30
OF THE CODE OF THE CITY OF VIRGINIA
BEACH, VIRGINIA, RELATING TO THE
ADMINISTRATION OF ANNUAL LEAVE.
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA:
That Sections 2-29 and 2-30 Code of the City of Virginia
Beach are amended and reordained as follows:
Section 2-29.
Schedule of Earning.
Except employees of the School Board of the City, all
full-time and part-time employees (excluding temporary employees) of
the City who have actually worked for six calendar months (or the hourly
quivalent for part-time employees) shall, from the effective date of
his Ordinance, earn annual leave as follows:
1. All full-time employees or appointees, excluding
firefighters, working 35 or more hours per work week shall be credited
with 48 hours of annual leave after a period of six calendar months,
thereafter:
a. Eight hours per month for each month of
employment for employees having accrued the
equivalent of less than five years of full-
time employment.
b. Ten hours per month for each month of
employment for employees having accrued the
equivalent of five or more years, but less
than ten years, of full-time employment
-107-
c. Twelve hours per month for each month of
employment for employees having accrued the
equivalent of more than ten years, but less
than fifteen years, of full-time employment.
d. Fourteen hours per month for each month of
employment for employees having accrued the
equivalent of more than fifteen years, but less
than twenty years, of full-time employment.
e. Sixteen hours per month for each month of
employment for employees having accrued the
hourly equivalent of twenty or more years of
full-time employment.
2. All part-time employees (excluding temporary employees)
or appointees actually working more than one but less than ten hours
per week shall be credited with six hours of annual leave after
~ccruing hours of part-time employees equal to six months of
ull-time employment; and thereafter annual leave shall be earned by
uch part-time employees at the following rate:
a. One hour of annual leave for each month of
employment for employees having accrued the hourly
equivalent of less than five years of full-time
emp loymen t .
b. One and one-fourth hours per month of
employment for employees having accrued the hourly
equivalent of five or more years, but less than ten
years, of full-time employment.
c. One and one-half hours per month of
employment for employees having accrued the
h 0 u r 1 y e qui val e n t 0 f ten 0 r mo r eye a r s, but 1 e s s
than fifteen years, of full-time employment.
-10 8-
d. One and three-fourth hours per month of
employment for employees having accrued the
hourly equivalent of fiteen or more years, but
less than twenty years, of full-time employment.
e. Two hours per month of employment for
employees having accrued the hourly equivalent
of twenty years or more of full-time employment.
3. All part-time employees (excluding temporary employees)
or appointees actually working at least ten but less than twenty hours
per week shall be credited with twelve hours of annual leave after
accruing hours of part-time employment equal to six months of full-
time employment; and thereafter, annual leave shall be earned by such
employees at the following rate:
a. Two hours per month of employment for
employees having accrued the hourly equivalent
of less than five years of full-time employment.
b. Two and one-half hours per month of
employment for employees having accrued the
hourly equivalent of five or more years, but
less than ten years, of full-time employment.
c. Three hours per month of employment for
employees having accrued the hourly equivalent
of ten or more years, but less than fifteen years,
of full-time employment.
d. Three and one-half hours per month of
employment for employees having accrued the
hourly equivalent of fifteen or more years,
but less than twenty years, of full-time
employment.
e. Four hours per month of employment for
employees having accrued the hourly equivalent
of twenty years or more of full-time employment.
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4. All part-time employees (excluding temporary employees)
or appointees actually working more than twenty hours but less than
thirty hours per week shall be credited with twenty-four hours of
annual leave after a period of accrued hours of part-time employment
quals to six months of full-time employment; and thereafter, annual
_eave shall be earned by such employees at the following rate:
a. Four hours per month for each month of
employment for employees having accrued the
hourly equivalent of less than five years of
full-time employment.
(b) Five hours per month of employment for
employees having accrued the hourly equivalent
of five or more years, but less than ten years,
of full-time employment.
(c) Six hours per month of employment for
employees having accrued the hourly equivalent
of ten or more years, but less than fifteen
years, of full-time employment.
d. Seven hours per month of employment for
employees having accrued the hourly equivalent
of fifteen or more years, but less than twenty
years, of full-time employment.
e. Eight hours per month of employment for
employees having accrued the hourly equivalent
of twenty years or more of full-time employment.
5. All part-time employees (excluding temporary employees)
0r appointees actually working more than thirty hours but less than
:hirty-five hours per week shall be credited with thirty-six hours
If annual leave after accruing hours of part-time employment equal
1,)/17/7Q
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to six months of full-time employment; and thereafter, annual leave shall
be earned by such employees at the following rate:
a. Six hours per month for each month of
employment for employees having accrued the
hourly equivalent of less than five years of
full-time employment.
b. Seven and one-half hours per month of
employment for employees having accrued the
hourly equivalent of five or more years, but
less than ten years, of full-time employment.
c. Nine hours per month of employment for
employees having accrued the hourly equivalent
of ten or more years, but less than fifteen
years, of full-time employment.
d. Ten and one-half hours per month of employment
for employees having accrued the hourly equivalent
of fifteen or more years, but less than twenty
years, of full-time employment.
e. Twelve hours per month of employment for
employees having accrued the hourly equivalent
of twenty years or more of full-time employment.
6. The hours of annual leave earned for each hour worked
by firefighters shall be computed by multiplying the number of hours
worked by the following:
a. .046 for employees having accrued the hourly
equivalent of less than five years of full-time
employment.
b. .058 for employees having accrued the hourly
equivalent of five or more years, but less than
ten years, of full-time employment.
''''/"1~J-,f''\
-111-
c. .069 for employees having accrued the hourly
equivalent of ten or more years, but less than
fifteen years, of full-time employment;
d. .081 for employees having accrued the hourly
....
equivalent of fifteen or more years, but less than
twenty years, of full-time employment; and,
e. .092 for employees having accrued the hourly
equivalent of twenty years or more of full-time
employment.
Section 2-30.
Taking Not Required; Limitations on Accumulation.
No employee shall be required to take annual leave.
No employee
shall be allowed to carry more than three hundred, thirty-six (336) hours
of accumulated annual leave from one calendar year to the next, nor shall
any employee who terminates employment with the City receive pay for more
:han three hundred, thirty-six (336) hours of accumulated annual leave.
Under no circumstances shall annual leave be granted in
advance of its accrual.
Adopted by the Council of the City of Virginia Beach, Virginia,
on the Seventeenth day of August, 1979.
RHMI cj / vp
12/071 79
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12/11 I 79
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(1)
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On motion by Councilman Ferrell, seconded by Councilman Holland, City
Council voted to APPROVE the above Ordinance to amend and reordain
Section 2-29 and Section 2-30 of the Code of the City of Virginia
Beach, Virginia, relating to the administration of annual leave.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, George R. Ferrell,
Barbara M. Henley, Clarence A. Holland, Vice
Mayor J. Henry McCoy, Jr., Donald W. Merrick,
Meyera E. Oberndorf, J. Curtis Payne, Roger L.
Riggs, and Mayor Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
None
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(ITEM II-K.l)
ITEM #14620
OLD BUSINESS
On motion by Vice Mayor McCoy, seconded by Councilman Ervin, City
Council voted to INSTRUCT the City Manager to purchase an Electronic
Voting System from Daktronics, Incorporated, located in Brookings,
South Dakota, in the amount of $9,200.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, George R. Ferrell,
Barbara M. Henley, Clarence A. Holland, Vice
Mayor J. Henry McCoy, Jr., Donald W. Merrick,
Meyera E. Oberndorf, J. Curtis Payne, Roger L.
Riggs, and Mayor Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
None
( I TEM I I - L . 1 )
ITEM #14621
NEW BUSINESS
Councilman Riggs indicated Congressman G. William Whitehurst is asking
all Americans to send Christmas Cards to the hostages in Iran.
(ITEM II-L.2)
ITEM #14622
Councilman Merrick indicated in the Agenda Package Council received
a letter frof'l the City Clerk requesting two of her employees be appointed
Deputy City Clerk, and one employee appointed Chief Deputy Clerk.
Mayor Standing requested discussion regarding this matter be delayed
until he met with Councilmen Ervin and Payne.
( I TE 1',1 I 1- L . 3)
ITEM #14623
Councilwoman Henley indicated that during the Planning Commission
meeting held December 11, 1979, an applicant indicated the back of
a building has been used as a privacy fence or buffer when a privacy
fence is required.
Councilwoman Henley requested this matter be investigated; and, further
requested a clarification on what the City's requirements are with
regards to privacy fences.
1 21 1 71 7 9
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(ITEM II-L.4)
ITEM #14624
Councilwoman Oberndorf questioned the delay in the proposed Ordinance
granting persons delayed payments in water and sewer.
The City Manager indicated it will be cOf'ling to Council ln January,
1980 .
Councilman Ferrell wished each Member of Council a very Merry Christmas
and a Happy New Year.
On motion by Councilman Ervin, seconded by Councilman Holland, and
by UNANIMOUS vote, the meeting adjourned at 4:58 p.m.
~__ ~d .,,~--/ ~...~
R th Hodges ith, City Clerk
City of Virginia Beach,
Virginia
December 17, 1979
h
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