HomeMy WebLinkAboutAUGUST 6, 1984 MINUTES
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"WORLD'S LARGEST RESORT CITY"
cr,rY COUNCIL
MA YOR HAROLD HEISCHOBER, Al
VICE-MA YOR REBA S MCLANAN, A- B-gh
JOHN A. HAUM, Bi-k-I., B-gh
NANCY A. CREECE, Al L.@,
ROBERT E FENTRESS, V,,@B,.A B-gh
BARBARA M. HENLEY, P..g. B-gh
H@ JACK JEAWINGS, JR., L"M-@. B-gh
LOUIS R. JOSES. By@,d@ B-.gh
ROBERT G. JOAIES, Al L.@9@
J HENRY MCOY, JR.. K@.p..U. B-.gh
MEYERA E. OBERNDORF, A@ L.,g, 281 CNYHALL BUILDING
MUNICIPAL CENTER
RUTH HODGES SMITH CMC, Cl@ C@k CITY COUNCIL AGENDA VIRGINIA BEACH, VIRCMA 23456.ym
[8041427-4303
August 6, 1984
Virginia Beach City Council
ITEM 1. MEETING OF VIRGINIA BEACH CITY COUNCIL - Conference Room - 1:00 p.m-
A. CALL TO ORDER - Mayor Harold Heischober
B. ROLL CALL OF COUNCIL
C. MOTION TO RECESS INTO EXECUTIVE SESSION
ITEM II. REGULAR SESSION OF VIRGINIA BEACH CITY COUNCIL - Council Chambers
- 2:00 p.m.
A. INVOCATION: Reverend James Kilpatrick, Pastor
Providence Friends Church
B. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
C. ELECTRONIC ROLL CALL OF COUNCIL
D. MINUTES OF PREVIOUS MEETING
1. Motion to accept/approve the Minutes of July 9, 1984.
E. CITY MANAGER'S ADMINISTRATIVE AGENDA
1. National League of Cities and Virginia Municipal League
Conferences.
2. City Policy Concerning Tax-Exempt Organizations.
3. Award of MFOA Certificate of Conformance.
4. Review of Consent Agenda
F. DISCUSSION OF PERTINENT MATTERS - Mayor/Council
G. PLANNING
1. Ordinance closing, vacating and discontinuing a portion of
Trotter Drive (Formerly Leland Street), petition of Robert
H. and Mamie P. Raymond and Elvin F. and Geraldine W. Lilley
(Kempsville Borough). (Def erred f or 30 days on July 2,
1984).
a. Letter from the City Manager transmits the
recommendation of the Planning Commission for approval.
2. Variance to Section 4.4(d) of the Subdivision Ordinance
which requires that each lot created in a subdivision have
direct access to a public street, petition of Terry/Peterson
Development Corporation. The site is located on the east
side of Independence Boulevard, 640 feet north of Green
Meadow Court in the Timberlake Planned Unit Development
(Kempsville Borough).
a. Letter from the City Manager transmits the
recommendation of the Planning Commission for approval.
3. Application AMENDMENT of R. G. Moore for changes of zoning
in the Bayside Borough (Sajo Farm), to delete 78.198 acres
of land:
a. From R-1 Residential District to PDH-2 Planned Unit
Development District on two parcels: south of Shell Road
and east of the intersection of Northampton Boulevard,
containing 49 acres (Ordinance No. Z01183772);
b. From R-5 Residential District to R-8 Residential
District on a parcel on the east side of Baker Road,
south of Anthony Lane and north along the east side of
Baker Road, containing 126.1 acres (Ordinance No.
Z01183773); and
c. From R-8 Residential District to PDH-2 Planned Unit
Development District on a parcel on the east side of
Baker Road, south of Anthony Lane and north along the
east side of Baker Road, containing 126.1 acres
(Ordinance No. Z01183774).
(These applications were approved by City Council
action November 23, 1983)
4 Ordinance to Amend Article 14, Sections 1411, 1412,
1413, 1414, 1415 and 1416 of the Wetlands Zoning
Ordinance of the Code of the City of Virginia Beach, and
to bring the City into compliance with the Virginia
Wetlands Act.
And,
Ordinance to Amend Article 16, Sections 1601(d),
1601(g), 1602(g), 1606, 1611, 1612, 1613, 1614, 1615,
1616 and 1617 of the Coastal Primary Sand Dune Zoning
Ordinance of the Code of the City of Virginia Beach, and
to bring the City into compliance with the Coastal
Primary Sand Dune Protection Act.
a. Letter from the City Manager transmits the
recommendation of the Planning Commission for
approval of these ordinances.
H. CONSENT AGENDA
All matters listed under the Consent Agenda are considered in
the ordinary course of business by City Council and will be
enacted by one motion in the form listed. If an item is
removed from the Consent Agenda, it will be discussed and
voted upon separately.
1. Ordinance to Amend and Reordain Section 36-57 of the Code
of the City of Virginia Beach, Virginia, pertaining to
parking or stopping chartered buses.
2. Ordinance, upon First Reading, to appropriate $54,555
from the General Fund balance to refund the Federal
Government for site development of the Seatack Borrow
Pit.
3. Ordinance to Transfer $40,000 of Capital Project Funds
for Project #2-926 Atlantic Avenue Beautification.
4. Ordinance to Transfer Appropriations between Capital
Projects to close-out completed Capital projects for
Fiscal Year 1983-84.
5. Ordinance to Transfer $15,000 of Capital Project Funds
for Project #4-811 Lesner Bridge Boat Ramp.
6. Ordinance to Transfer Capital Project Funds of $41,000 to
project #4-915 Lynnhaven Park (Racquetball Court
Addition).
7. Ordinance to Transfer $15,000 of Capital Project Funds to
Project #3-935 Parks and Recreation Office Renovation.
8. Ordinance to authorize the acquisition in fee simple
utility easements for Little Neck Road Sever Extension,
either by agreement or by condemnation.
9. Ordinance to amend the Community Development Budgets for
Program Years 8, 9, and 10.
10. Ordinance authorizing and directing the City Manager to
Execute Cost Participation Agreements with Housing
Systems, Inc. for Water and Sewer Facilities.
11. Ordinance authorizing and directing the City Manager to
execute a Cost Participation Agreement with Solartowne,
Ltd. for road improvements to Newtown Road.
12. Ordinance to authorize a temporary encroachment into a
portion of the right-of-way of an unnamed 15' alley to
Ms. Mary W. Rogers.
13. Ordinance appointing viewers in the application of
Lakeside Construction Corporation for the closure,
vacation and discontinuance of a portion of Painters Lane
(Princess Anne Borough).
14. Authorization of the publication of a Notice of Public
Hearing for August 20, 1984 for K, L & S Associates
(Portsmouth Redevelopment and Housing Authority).
L5. Low Bid of Rea Construction Company, in the amount of
$109,998.14 for the 1984-85 Emu'@sified Asphalt Slurry
Seal Schedule.
16. Low Bid of Rea Construction Company, in the amount of
$916,667.05, for the 1984-85 Bituminous Concrete
Maintenance Resurfacing and Profile Schedule.
17. Low Bid of Keystone Painting Company, in the amount of
$36,000, for the Cleaning and Painting of Struct,iral
Steel, Lesner Bridge at Lynnhaven Inlet.
18. Raffle Permit: Lago Mar Civic League
19. Tax Refunds: $2,059.24
1. UNFINISHED BUSINESS
1. Pelican Dunes Drainage Problems
2. Drainage Problems Associated with Lot Gradings - C. Oral
Lambert, Jr., Director Department of Public Works
3. Financing Alternatives for Lake Gaston Project - Giles G.
Dodd, Assistant City Manager for Administration
4. Francis Land House Committee Report - David M. Grochmal,
Assistant to the City Manager for Intergovernmental
Relations
5. Request by Eastern Virginia Ambulance Service, Inc. for
Rate Increases (Deferred 7/9/84 to 8/6/84).
J. NEW BUSINESS
1. Conduct of Commercial Business in residential area: Mrs.
Eleanore Hanson Rock
2. Capital Project Status Report foc Period Ending June 30,
1984 - Giles G. Dodd, Assistant City Manager for
Administration
3. Analysis of Tourist-Related Revenues and Expenses for tile
Fiscal Year ended June 30, 1983 - Patricia Phillips,
Research Coordinator
K. ADJOURNMENT
1. 1.4ot4-on to adjourn.
M I N U T E S
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
August 6, 1984
The Regular Meeting of the Council of the City of Virginia Beach, Virginia,
was called to order by Mayor Harold Heischober in the Conference Room, City
Hall Building, on Monday, August 6, 1984, at 1:00 in the afternoon.
Council Members Present:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R.
Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry
McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Absent:
None
August 6, 1984
- 2 -
ITEM # 22270
Mayor Heischober entertained a motion to permit Council to conduct its EXEC-
UTIVE SESSION pursuant to Section 2.1-344, Code of Virginia, as amended, for
the following purposes, to be followed by the RECULAR SESSION.
1. PERSONNEL MATTERS: Discussion or consideration of employment
assignment, appointment, promotion, performance, demotion,
salaries, disciplining or resignation of public officers,
appointees or employees.
2. PUBLICLY HELD PROPERTY: Discussion or consideration of the
condition, acquisition or use of real property for public
purpose, or of the disposition of publicly held property, or
of plans for the future of an institution which could affect
the value of property owned or desirable for ownership by such
institution.
3. LEGAL MATTERS: Consultation with legal counsel or briefings
by staff members, consultants or attorneys, pertaining to
actual or potential litigation, or otber legal matters within
the jurisdiction of the public body.
Upon motion by Councilman Louis Jones, seconded by Councilman Baum, City
Council voted to proceed into the EXECUTIVE SESSION at 1:00 in the afternoon,
to be followed by the REGNAR SESSION.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R.
Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry
McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Councl Members Voting Nay:
None
Council Members Absent:
None
August 6, 1984
- 3 -
R E G U L A R S E S S I 0 N
VIRGINIA BEACH CITY COUNCIL
August 6, 1984
2:00 p.m.
Mayor Harold Heiscbober RECONVENED the Regular Session of tbe Virginia Beach
City Council in the Council Chambers, City Hall Building, on Monday, August
6, 1984, at Two O'Clock in the afternoon.
Council Members Present:
Jobn A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R.
Jones, Rohert G. Jones, Vice Mayor Reba S. McClanan, J. Henry
McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Absent:
None
INVOCATION: Reverend James Kilpatrick
Pastor
Providence Friends Church
PLEDGE OF ALLEGIANCE TO THE FLAG OF TIM UNITED STATES OF AMERICA
August 6, 1984
4
Item II-D.1
MINUTES ITEM 22271
Upon motion by Councilwoman Creech, seconded by Councilman Baum, City Council
APPROVED the Minutes of July 9, 1984, witb corrections as follows:
Page 11 ITEM # 22222 (Assistant City Attorney Charles Sall6 pre-
sented information concerning the TAX REFORM ACT of 1984
(The "ACT").
CORRECT the dates in the following provisions of The "ACT":
January 1, 1984 should be January 1, 1985 in Provision 2.
December 31, 1983 should be December 31, 1986 in Provision 8.
2. The cap is in effect with respect to bonds issued after
the end of last year, December 31, 1983, provided that,
in the case of projects induced before June 19, 1984,
bonds could be issued outside tbe cap, if they are issued
before January 1, 4984 1985.
8. The Act extends the sunset provisions of the BOND ACT to
December 31, 1988 with respect to "manufacturing facilities",
but reducing the amount of the cap to $100 after December
31, ;983 1986.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Earold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R.
Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry
McCoy, Jr.. D.D.S., and Meyera E. Oberndorf
CouncilMembers Voting Nay:
None
Council Members Absent:
None
August 6, 1984
- 5 -
CITY MANAGER'S ADMINISTRATIVE AGENDA
Item II-E.1
NATIONAL LEAGUE OF
CITIES AND MUNICIPAL
LEAGUE CONFERENCE ITEM # 22272
The City Manager advised City Council of the NATIONAL LEAGUE OF CITIES and
VIRGINIA MUNICIPAL LEAGUE CONFERENCES. The NLC Conference will be held in
Indianapolis, Indiana, November 24 - 28, 1984 and the VML Conference is
scheduled to be held in Richmond, Virginia, September 30 - October 2, 1984.
City Council might wish to RESCHEDULE or CANCEL City Council Meetings of
October 1, 1984 and November 26, 1984, if these Conferences would conflict
with same.
Item II-E.2
CITY POLICY CONCERNING
TAX-EXEMPT ORGANIZATIONS ITEM # 22273
The City Manager referenced concerns expressed regarding Tax-Exempt Orga-
nizations. Staff is now in the process of preparing various alternatives
regarding saict policy for Council's consideration.
Item II-E.3
MFOA CERTIFICATE OF
CONFORMANCE ITEM # 22274
The City Manager announced that the Finance Department of the City of Virginia
Beach had been awarded the MUNICIPAL FINANCE OFFICE ASSOCIATION'S CERTIFICATE OF
CONFORMANCE.
Item II-t.4
CONSENT AGENDA
LESNER BRIDGE
BOAT RAMP ITEM # 22275
Councilman Jennings inquired regarding an Ordinance to Transfer $15,000 of
Capital Project Funds for Project #4-811 Lesner Bridge boat ramp (See Item
II-H.5 of the Consent Agenda). The City Manager advised that the $15,000
is to be used to prepare a PRESENTATION to acquire grant aid from the
Commission of Game and Inland Fisheries for construction of a boat ramp.
SEATACK BORROW PIT ITEM # 22276
Councilman Louis Jones referenced Ordinance, upon FIRST READING, to appropriate
$54,555 from the General Fund balance to refund the Federal Government for site
development of the SEATACK BORROW PIT (See ltem II-H.2 of the Consent Agenda).
Councilman Jones inquired concerning "the late payment fee" in regard to this
item.
August 6, 1984
- 6 -
CITY MANAGER'S ADMINISTRATIVE AGENDA
(Continued)
Item II-E.4
CONSENT AGENDA
COMMUNITY DEVELOPMENT
BUDGETS ITEM # 22277
Councilman Louis Jones and Vice Mayor McClanan referenced the Target Area His-
tory Project in the amount of $10,000 contained within the Ordinance to amend
fhe COMMUNITY DEVELOPMENT BUDGETS for Program Years 8, 9, and 10 (See Item II-H.9
of the Consent Agenda). Director of the Department of Housing and Community
Development Maryann I. Ustick addressed this particular concern. These funds
will be used in researching the History of the Target Neighborhoods to compile
a document that will be a part of the BLACK HERITAGE CELEBRATION next year.
LAKESIDE CONSTRUCTION
CORPORATION ITEM # 22278
Councilman Baum referenced Ordinance appointing viewers in the application of
LAKESIDE CONSTRUCTION CORPORATION for tbe closure, vacation and discontinuance
of a portion of PAINTERS LANE (Princess Anne Borough) (See Item II-H.13 of the
Consent Agenda).Councilman Baum advised tbat Lakeside Construction Corporation
had proposed a change in a natural drainage way that drained several acres from
Pungo Airfield northward to Hell Point Creek. Councilwoman Henley further in-
quired as to what portion of PAINTERS LANE was to be closed.
ATLANTIC AVENUE
BEAUTIFICATION ITEM # 22279
Vice Mayor McClanan referenced the Ordinance to Transfer $40,000 of Capital
Project Funds for Project 92-926 ATLANTIC AVENUE BEAUTIFICATION (See Item II-H.3
of the Consent Agenda). Vice Mayor McClanan was under the impression that last
year's appropriations covered entire cost of the services for the Project. The
City Manager advised that the Transfer of Funds is for an infrastructure feasi-
bility study and preliminary cost estimate. Total appropriations thus far have
amounted to $284,783.30.
Councilman Robert Jones advised that the RESORT ADVISORY COMMISSION will report
to City Council October Twenty-second. The City Manager is to advise City Council
of the projected date when the Engineering and Cost Benefit and Opinion Survey
in connection with the Atlantic Avenue Beautification will be referred to City
Council. A composite of this information would be most helpful to the RESORT
ADVISORY COMMISSION.
August 6, 1984
7
Item II-G.1
PlANNING ITEM 22280
Attorney Harry Purkey represented the applicant
Upon motion by Councilman McCoy, seconded by Councilwoman Oberndorf, City
Council APPROVED, subject to Final Approval in 180 days, an Ordinance for
tbe discontinuance, closure and abandonment of a portion of Trotter Drive
in the petition of ROBERT H. AND MAMIE P. RAYMOND AND ELVIN F. AND GERALDINE
W. LILLEY.
Ordinance upon application of Robert H. and Mamie P.
Raymond and Elvin R. and Geraldine W. Lilley for the
discontinuance, closure and abandonment of a portion
of Trotter Drive beginning at the western boundary
of Reon Drive and running in a westerly direction a
distance of 153 feet. Said parcel is 50 feet in width
and contains 7,650 square feet. KEMPSVILLE BOROUGH.
Approval was subject to the following:
1. The ultimate disposition of this right-of-way shall be
by means of purchase rather than direct conveyance to
the adjoining property owner, subject to determination
by the City Attorney's Office.
2. Resubdivision of the property and vacation of internal
lot lines to incorporate the closed area into adjoining
parcels, as well as to insure that all lots have access
to a public street.
3. Dedication of a 50-foot utility easement over the closed
area to allow for the possible future extension of City
water and sewer into this subdivision.
4. The closure of this right-of-way shall be contingent upon
compliance with the above stated conditions within 180 days
of the approval of City Council.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, Louis R. Jones, Robert G. Jones,
Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and
Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
H. Jack Jennings, Jr.
August 6, 1984
- 7a -
LAW OFFICES
Cox, Cox, & Cox
1516 ATLANTIC "ENUE
VIRGINIA BEACH. VIRGINIA 23451
(W4) 425-8565
LUCIAN S. COX. JR. LUCIAN D. COX. SR. (ISM1971)
LUCIAN B. COX. Ill March 2, 1984
ml.w,flls#331
HARRY R. PURKEY. JR.
CERTIFICATE OF VESTINC; OF TITLE
I, Harry R. Purkey, Jr. , attorney for Robert H. Raymond, hamie P.
Raymond, Elvin F. Lilley, and Geraline W. Lilley, do hereby certify that;
1. I am an attorney at law and represent Robert H. Raymond, Mamie
P. Raymond, Elvin F. Lilley, and Geraline W. Lilley, the petitioners.
2. If the property described. below is discoutinued, closed and
vacated by the Council of the City of Virginia Beach, Virginia, then title
to said property will vest in Robert H. Raymoud, hamic P. Raymond, ELvin F.
Lilley, and Geraline W. Lilley, the adjacent landowners.
The said property referred to herein is hereby cescri6ed as
follows:
Trotter Drive, formerly Leland Street, begiuuing at a poiut in
the northwestern corner of the intersection of Trotter L)rive and
Reon Drive 82.63 feet south of the northern side of Lot 34;
thence from said point south 00 degrees 15 minutes west 70.OU
feet to a point; thence along a curve to the right having a
radiu5 of 10 feet, an arc distance of 15.71 feet to a point;
thence north 89 degrees 45 minutes west 153.00 feet to a point;
theuce north 00 degrees 15 minutes east 50.00 feet to a point;
thence south 89 degrees 45 minutes east 153.00 feet to a point;
thence aloug a curve to the left having a radius of 10 feet, &u
arc distance of 15.71 feet to the point of beginning. (Portiou
to be vacated is designated as 8,192.9 square feet of Trotter
Drive, formerly Leland Street).
Respectfully
liarry R. Purkey,
August 6, 1984
- 7b
ORDINANCE NO.
IN THE 14ATTER OF CLOSING, VACATING AND DISCONTINUING A PORTION OF THAT CLRTAIN
STREET, KNOWN AS TROTTER DRIVE (FORMFRLY LELAND STREET) , As ShUwbi UPOL4 THAT
CERTAIN PLAT ENTITLED, "SURVFY OF PROPERTY FUR STKLLET CLUSUKK. bk.ING THAT
PORTION OF TROTTER DRIVE (LELAND STREET PLAT) ABUTTING LUTS 34 Abb 36,
WOODHAVEN, KEMPSVILLE BOROUGH, VIRGINIA BEACH, VIRGINIA."
WHEREAS, it appearing by affidavit that proper notice has been given
by Robert H. Raymond and Mamie P. Raymond, and ELvin F. Lilley and Geraline W.
Lilley, that they would make application to the Council of the City of
Virginia Beach, Virginia, on the day of to
have the hereinafter described street discontinued, closed, and vacated; anck
WHEREAS, it is the judgment of the Council that the closure of said
street will not result in any public inconvenience;
NOW, THEREFORE,
SECTION I
BE IT ORDAINED by the council of the City of Virginia beach, Virginia,
that the hereinafter described street be discontinued, closed, ana vacated:
Trotter Drive, formerly Leland Street, beginning at a point in
the northwestern corner of the intersection of Trotter Drive and
Reon Drive 82.63 feet south of the northern side of Lot 34;
thence from said point south 00 degrees 15 minutes west 70.00
feet to a point; thence along a curve to the right having a
radius of 10 feet, an arc distance of 15.71 feet to a point;
thence north 89 degrees 45 minutes west 153.00 feet to a point;
thence north 00 degrees 15 minutes cast 50.00 feet to a ioint;
thence south 89 degrees 45 minutes east 153.00 feet to a point;
thence along a curve to the left having a radius of IU feet, an
arc distance of 15.71 feet to the point of beginning. (Portion
to be vacated is designated an 8,192.9 square feet of Trotter
Drive, formerly Leland Street).
Said parcel of land being a portion of Trotter Drive (formerly Leland
Street) as indicated on that certain plat of property to be vacated for Kobert
H. Raymond and Mamie P. Raymond, and Elvin F. Lilley and Geraline W. Liliey,
and which is made a part hereof by reference.
SECTION 11
A certified copy of this Ordinance shall be filed in the Office of the
Circuit Court of the City of Virginia Beach, indexed in the name of the City
of Virginia Beach, as grantor.
Cox, Cox & Cox SECTION III
.UOR.EIS T -.
151BAT@NTIC.@E.UE
VIRGINIA BEACH, VA 2.61
This Ordinance shall be effective thirty (30) days from the date of
its adoption.
August 6, 1984
8
Item II-G.la
PLANNING ITEM 22281
ADD ON
Condition No. 1 in the aforementioned Planning Item (APPLICATION of ROBERT
H. AND MAMIE P. RAYMOND AND ELVIN F. AND GERALDINE W. LILLEY) stated: "The
ultimate disposition of this right-of-way shall be by means of purchase
rather than direct conveyance to the adjoining property owner, subject to
determination by the City Attorney's Office." Councilman Baum requested
the City Manager to notify City Council as to the total amount of funds
resulting from negotiations of this type.
August 6, 1984
9
Item II-G.2
PLANNING ITEM 22282
Attorney Robert Cromwell represented the applicant
John Peterson, the applicant, also spoke concerning the application.
Upon motion by Councilman McCoy, seconded by Councilwoman Creech, City Council
APPROVED a Variance to Section 4.4(d) of the Subdivision Ordinance in the
matter of the application of TERRY/PETERSON DEVELOPMENT CORPORATION.
Appeal from Decisions of Administrative Officers in regard
to certain elements of the Subdivision Ordinance, Subdivison
for Terry/Peterson Development Corporation. Property located
on the east side of Independence Boulevard, 640 feet north
of Green Meadow Court. Plats with more detailed information
are available in the Department of Planning. KEMPSVILLE
BOROUGH.
Voting: 8-3
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, H. Jack Jennings, Jr., Louis R. Jones, Vice Mayor
Reba S. McClanan, and J. Henry McCoy, Jr., D.D.S.
Council Members Voting Nay:
Barbara M. Henley, Robert G. Jones, and Meyera E. Oberndorf
Council Members Absent:
None
August 6, 1984
- 10 -
Item II-G.3
PLANNING ITEM # 22283(a)
Attorney Robert Cromwell represented the applicant
Attorney Leslie Cox representing Ursula B. Jones read the following DEED RE-
STRICTION into the record:
"That Ursula B. Jones on behalf of herself, her heirs, executors,
administrators, successors, and assigns in right, title and interest
agrees that so many of the 78.19 acres of Sajo Farm as were zoned
R-1 prior to November 21, 1983, shall be restricted in use to a
density no greater than eight tenths dwelling units per acre
and so many of such 78.198 acres as were zoned R-5 prior to November
21, 1983, shall be restricted in use to a density no greater than
three dwelling units per acre and further this restriction shall be
and shall be construed to be a covenant running with the land pro-
vided, however, that this covenant may be amended or varied by written
instrument recorded in the Clerk's Office of the Circuit Court of the
City of Virginia Beach, Virginia, and Executed by the then record
owner of the 78.19 acres of Sajo Farm at tbe time of recordation of
such instruments and provided said instrument is consented to by the
City of Virginia Beach in writing as evidenced by a certified copy
of an Ordinance or Resolution ADOPTED by the Council of the City of
Virginia Beach, after a Public Hearing advertised pursuant to the pro-
visions of the Code of Virginia, Secti.on 15.1-431 which said Ordinance
or Resolution shall be recorded along witb said instrument as conclusive
evidence of sucb consent. Ursula B. Jones covenants and agrees that
the Zoning Administrator of the City of Virginia Beach, Virginia shall
be vested with all necessary authority on behalf of the governing body
of the City of Virginia Beach, Virginia, to administer and force the for-
going covenant."
Joe Wharton (formerly with Langley and McDonald) of Robert Brown Associates
also represented the applicant
(Copy of Memorandum from Director of Planning Robert J. Scott to the City Manager
Thomas H. Muehlenbeck on August 1, 1984 concerning SAJO FARM is hereby made a
part of the proceedings.)
Opposition:
Attorney William Wahab represented Citizens Against Incompatible Rezonings
Robert Galewski represented Citizens Against Incompatible Rezonings
Robert Engesser spoke concerning community interests
A motion was made by Councilman Louis Jones, seconded by Councilwoman Oberndorf,
tbat the application AMENDMENT of R. G. MOORE for Changes of Zoning (Sajo Farm)
in the Bayside Borough (Approved by City Council action on November 21, 1983) be re-
ferred back to tbe Planning Commission for furtber recommendations.
Upon SUBSTITUTE MOTION by Councilman Baum, seconded by Councilwoman Creecb, City
Council DELETED the 78.198 acres on the east side of Diamond Springs Road (Sajo
Farm) from the Council-approved Changes of Zoning on November 21, 1983 AND GRANTED
A RESTRICTION to limit the use of subject 78.198 acres to that portion zoned R-1
and the remaining portion zoned R-5 as was applicable prior to the November 1983
Changes of Zoning in the application of R. G. MOORE (Bayside Borougb).
August 6, 1984
Item 11-G.3
PLANNING ITEM 22283(a) (Continued)
Voting: 6-5 (SUBSTITUTE MOTION)
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, H. Jack Jennings, Jr., and J. Henry McCoy, Jr., D.D.S.
Council Members Voting Nay:
Barbara M. Henley, Louis R. Jones, Robert G. Jones, Vice Mayor
Reba S. McClanan, and Meyera E. Oberndorf
Council Members Absent:
None
ITEM # 22283(b)
ZERO LOT LINE DEVELOPMENT
Attorney Robert Cromwell represented the applicant
Joe Wharton (formerly with Langley and McDonald) of Robert Brown Associates
also represented the applicant
Opposition:
Attorney William Wahab represented Citizens Against Incompatible Rezonings
Councilman Louis Jones made a Motion to DENY, seconded by Councilwoman Oberndorf,
the request of R. G. MOORE for "zero lot line development" on the west side
of Diamond Springs Road (Sajo Farm) applicable to Changes of Zoning approved by
Council action on November 21, 1983.
A SUBSTITUTE MOTION was made by Councilwoman Creech, seconded by Councilman
McCoy to APPROVE the request of R. G. MOORE for "zero lot line development"
on the west side of Diamond Springs Road (Sajo Farm) applicable to Changes of
Zoning approved by Council action on November 21, 1983.
Voting: 5-6 (SUBSTITUTE MOTION LOST)
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Mayor Harold Heischober, H. Jack
Jennings, Jr., and J. Henry McCoy, Jr., D.D.S.
Council Members Voting Nay:
Robert E. Fentress, Barbara M. Henley, Louis R. Jones, Robert G.
Jones, Vice Mayor Reba S. McClanan, and Meyera E. Oberndorf
Council Members Absent:
None
August 6, 1984
- 12 -
Item II-G.3
PLANNING ITEM # 22283(b) (Continued)
Upon Motion by Councilman Louis R. Jones, seconded by Councilwoman Oberndorf,
City Council DENIED the request of R. G. MOORE for "zero lot line development"
on the west side of Diamond Springs Road (Sajo Farm) applicable to Changes of
Zoning approved by Council action on November 21, 1983.
Voting: 6-5 (MAIN MOTION CARRIED)
Council Members Voting Aye:
Robert E. Fentress, Barbara M. Henley, Louis R. Jones, Robert G.
Jones, Vice Mayor Reba S. McClanan, and Meyera E. Oberndorf
Council Members Voting Nay:
John A. Baum, Nancy A. Creech, Mayor Harold Heischober, H. Jack
Jennings, Jr., and J. Henry McCoy, Jr., D.D.S.
Council Members Absent:
None
Upon Motion by Councilman Robert Jones, seconded by Councilman McCoy, City
Council voted to RECONSIDER the request of R. G. MOORE for "zero lot line
development" on the west side of Diamond Spring Road (Sajo Farm) applicable to
Changes of Zoning approved by Council action on November 21, 1983.
Voting: 6-5
Council Members Voting Aye:
Nancy A. Creech, Robert E. Fentress@ Mayor Harold Heischober,
H. Jack Jennings, Jr. Robert G. Jones, and J. Henry McCoy, Jr.,
D.D.S.
Council Members Voting Nay:
John A. Baum, Barbara M. Henley, Louis R. Jones! Vice Mayor
Reba S. McClanan, and Meyera E. Oberndorf.
Council Members Absent:
None
*Verbal Votes August 6, 1984
- 13 -
Item II-G.3
PLANNING ITEM # 22283(b) (Continued)
Upon Motion by Councilman Robert Jones, seconded by Councilman McCoy, City
Council REFERRED BACK TO THE PLANNING COMMISSION, for their September 1984
Agenda,the request of R. G. MOORE for "zero lot line development" on the west
side (Sajo Farm) of Diamond Springs Road for further recommendations to City
Council.
Voting: 6-5
Council Members Voting Aye:
Nancy A. Creech, Robert E. Fentress, Mayor Harold Heischober,
H. Jack Jennings, Jr., Robert G. Jones, and J. Henry McCoy, Jr.,
D.D.S.
Council Members Voting Nay:
John A. Baum, Barbara M. Henley, Louis R. Jones, Vice Mayor
Reba S. McClanan, and Meyera E. Oberndorf
Council Members Absent:
None
August 6, 1984
FORM .0. P.$. t 13a -
ic: f -Vil-@i@iet E3@@@la
L bj-,, I
" I INTER-OFFICE CORRESPOt4DENCE
titt DATE: 8/1/84
FATt it @ $M
TO: Thomas H. Muehlenbeck DEPARTMENT: Execucive
FROM: Robert J. Scott DEPARTMENT: Sajo Farm
SUBJECT: Sajo Farm
As you know, the City Council is scheduled co consider a request by che
Sajo Farm with respecc to a series of recently approved rezonings on che
property, including a rezoning to PD-H 2. The request comes in two parts.
The first part is a request to rescind the zoning granted on the easc side
of Diamond Springs Road on 78.19 acres designated for residential developmenc
on the approved PD-H 2 land use plan. As I understand it, this requesc
does not include deletion of commercial zoning approved by City Council
or deletion of che designacion for recreation and open space on the 4.4
acres surrounding the existing mansion. Attached is a letter Irom Mr.
Cromwell, attorney for the applicant, supporting this requesc. As I underscand
it, this request stems from settlement of a legal dispuce with Mrs. Jones,
under which she will recain ownership of most of the Land east of Diamond
Springs Road.
The second part of the request is for the use of zero lot line developmenc
on the west side of Diamond Springs Road. As originally approved, this
single family residential development called for 8-looc side yard setbacks
on each side of the loc. The current proposal is for a 10-fooc secback
on one side and a zero setback on the ocher side.
Please noce thac we had administracively approved in the pasc a slighc
adjustment to che housing mix on the west side of Diamond Springs Road.
The plan originally approved by the City Council called for a mixture of
209 townhouses and 311 single family detached homes for a total of 520.
We have approved a revised mixture of 219 townhouses and 295 single family
detached homes for a tocal of 514. This approval was granced under che
provisions of Section li26 of che CZO.
With respect co che first part of che request, I feel it is important to
provide the following statistics which I think will show che effect of
che request to delete the acreage on the east side of Diamond Springs Road.
The conclusion that can be reached from these statistics is thac there
has been no density transfer from one side of Diamond Springs Road to che
other, and that che current number of units proposed on the west side of
Diamond Springs Road can be supporced solely by the acreage presenc chere.
August 6, 1984
- 14 -
Item II-G.3a
PLANNING ITEM # 22284
ADD ON
Upon motion by Councilwoman Henley, seconded by Councilwoman Oberndorf, City
Council REQUESTED THE PLANNING COMMISSION to review the PD-H2 Ordinance
as it relates to (a) Open Space - that it shall be contiguous to subject
parcel; and (b) clarify admendments and specifically "spell out" that
amendments shall follow the procedure of review and recommendation by
the Planning Cormnission and then scheduled for City Council action.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R.
Jones, Robert G. Jones, Vice Mayor Reba S. Mcclanan, J. Henry
McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
August 6, 1984
- 15 -
Item II-G.4
PLANNING ITEM # 22285
Upon motion by Councilman Baum, seconded by Councilwoman Creech, City Council
ADOPTED the following Ordinances:
Ordinance to Amend Article 14, Sections 1411, 1412, 1413,
1414, 1415 and 1416 of the WETLANDS ZONING ORDINANCE of
the Code of the City of Virginia Beach, and to bring the
City into compliance with the VIRGINIA WETLANDS ACT.
AND,
Ordinance to Amend Article 16, Sections 1601(d), 1601(g),
1602(g), 1606, 1611, 1612, 1613, 1614, 1615, 1616 and 1617
of the COASTAL PRIMARY SAND DUNE ZONING ORDINANCE of the
Code of the City of Virginia Beach, and to bring the City
into compliance with the COASTAL PRIMARY SAND DUNE PROTECTION
ACT.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Earold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R.
Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry
McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
August 6, 1984
15a -
AN ORDINANCE TO AMEND SECTIONS 1411,
1412, 1413, 1414, 1415 AND 1416 OF THE
WETLANDS ZONING ORDINANCE OF THE CODE
OF THE CITY OF VIRGINIA BEACH, AND TO
BRING THE CITY INTO COMPLIANCE WITH
VIRGINIA WETLANDS ACT
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
That Sections 1411, 1412, 1413, 1414, 1415 and 1416 are
hereby amended and reordained as follows:
Section 1411. Emergency sand.?I:d@ing,:c on
s livities
nonvegetated w n ted on the Atlantic
snoreline ot Virginia Beach.
Notwithstanding the provisions of sections 1401 through
1410, sand grading activities are permitted on nonvegetated
wetlands located on the Atlantic Shoreline of the City of
Virginia Beach if otherwise permitted by law, and if the city
manager has declared an emergency and has issued a permit for
this purpose. Such activities may be conducted without advance
notice and hearing; however, the city manager, upon request and
after reasonable notice as to time and place, shall hold a
hearing to affirm, modify, amend, or cancel such emergency
permit. "EMergency," as used in this section, means a sudden and
unforeseeable occurrence or condition, either as to its onset or
as to its extent, of such disastrous severity or magnitude that
governmental action beyond that authorized or contemplated by
existing law is required because governmental inaction for the
period required to amend the law to meet the exigency would work
immediate and irrevocable harm upon the citizens of the
Commonwealth or some clearly defined portion or portions
thereof.
Section 1412. Conducting activity without permit.
No person shall conduct any activity which would require
a permit under the wetlands zoning ordinance unless he has a
permit thereof.
Section 1411 1413. Investigations and prosecutions.
The wetlands board shall have the authority to
August 6, 1984
- 15b -
investigate all projects whether proposed or ongoing which alter
wetlands located within the City of Virginia Beach. The wetlands
board shall have the power to prosecute all violations of any
order of such board, or any violation of any provision of the
wetlands zoning ordinance contained in section 62.1-13.5 of the
Code of Virginia or of the wetlands zoning ordinance contained in
article 14 of the zoning ordinance of the City of Virginia Beach,
Virginia.
Section 9:41.2 1414. violation of orders, rules and
regulations.
Any person who knowingly, intentionally, negligently or
continually violates any order, rule or regulation of the
commission or of the wetlands board or violates any provision of
Title 62.1, Chapter 2.1, of the Code of Virginia or article 14 of
the zoning ordinance of the City of Virginia Beach, Virginia
(this article), or any provision of a permit granted by the
wetlands board or the commission pursuant to Title 62.1, Chapter
2.1, of the Code of Virginia or article 14 of the zoning
ordinance of the City of Virginia Beach, Virginia [this article],
shall be guilty of a misdemeanor. Following a conviction, every
day the violation continues shall be deemed a separate offense.
Section 441.4 1415. Injunctions.
In addition to and notwithstanding the provisions of
section 62.1-13.18 of the Code of Virginia and section 1414 of
the wetlands zoning ordinance of the City of Virginia Beach [this
article], upon petition of the wetlands board to the Circuit
Court of the City of Virginia Beach, the Court may enjoin such
unlawful act and may order the person so acting unlawfully to
take such steps as are necessary to restore, protect and preserve
the wetlands involved.
Section 1416. Exemptions.
Nothing in this article shall affect (1) any project in
vegetated wetlands commenced prior to July 1, 1972, or any
project in nonvegetated wetlands commenced prior to January 1,
1983; however, this section shall not be deemed to exclude from
August 6, 1984
-2-
15c -
regulation under this article any activity which expands or
enlarges upon a project already in existence or under
construction at the time of such date, except for those
activities exempted under section 62.1-13.5(3)(h); (2) any
project or development in vegetated wetlands for which, prior to
July 1, 1972, or in nonvegetated wetlands for which, prior to
January 1, 1983, a plan or plan of development thereof has been
filed pursuant to ordinance or other lawful enactment with either
an agency of the federal or state government, or with either the
planning commission, board of supervisors, or city council of the
jurisdiction in which the project or development is located; (3)
any project or development in vegetated wetlands, whether
commenced prior to July 1, 1972, and in nonvegetated wetlands
whether commenced prior to January 1, 1983, if located or to be
located in whole or in part on ground or in an area an interest
in which was authorized by the General Assembly to be conveyed
prior to July 1, 1972, for vegetated wetlands and July 1, 1982,
for nonvegetated wetlands; and (4) for the North Landing River
and its tributaries exemptions (1) and (2) above shall take
effect July 1, 1975, for vegetated wetlands, and January 1, 1983,
for nonvegetated wetlands.
For exemptions (1) and (2) herein to be effective, the
project or development must be certified as exempt by the
Commission or Virginia Beach Wetlands Board. The request for
certification must be filed prior to January 1, 1984. Projects
or developments which have been determined by the Commission or
the Virginia Beach wetlands Board prior to July 1, 1982, to be
exempt from the provisions of this chapter shall be considered to
be certified. If the request for certification is not granted or
denied within 120 days from receipt of request by the Commission
or the Virginia Beach Wetlands Board, the certification will be
conclusively presumed to have been granted. The time limitations
and public hearing requirements imposed by section 62.1-13.5
shall not apply to the certification process. Upon request by
any person holding a certification issued by the Commission or
Virginia Beach Wetlands Board, the Clerk of the Circuit Court
-3-
August 6, 1984
- 15d -
having jurisdiction over the property on which the certified
project is located shall record such certification in the
appropriate deed book of the circuit court.
Adopted by the Council of the City of Virginia Beach,
Virginia, this 6 day of August 1984.
DSH/SM
5/24/84
(C)
T
-Y
CIT'@ @'i; 1,
August 6, 1984
-4-
- 15e -
AN ORDINANCE TO AMEND SECTIONS 1601(d),
1601(g), 1602(g), 1606, 1611, 1612,
1613, 1614, 1615, 1616 and 1617 OF THE
COASTAL PRIMARY SAND DUNE ZONING
ORDINANCE OF THE CODE OF THE CITY OF
VIRGINIA BEACH, AND TO BRING THE CITY
INTO COMPLIANCE WITH THE COASTAL
PRIMARY SAND DUNE PROTECTION ACT.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
That Sections 1601(d), 1601(g), 1602(g), 1606, 1611,
1612, 1613, 1614, 1615, 1616 and 1617 are hereby amended and
reordained as follows:
Section 1601. Definitions.
For the purpose of this ordinance [article]:
(a) Commission shall mean the Virginia Marine Resources
Commission.
(b) Commissioner shall mean the Commissioner of the
Virginia Marine Resources Commission.
(c) County or city shall mean the governing body of
such county or city.
(d) Coastal primary sand dune, hereinafter referred to
as "dune," shall mean a mound of unconsolidated sandy
soil which is contiguous to mean high water, whose
landward and lateral limits are marked by a change in
grade from ten (10) per-eenttm percent or greater to
less than ten (10) per-eenbtm percent and upon any part
of which is growing on July one, ninteen hundred
eighty, or grows thereon subsequent thereto, any one or
more of the following: American beach grass
(Ammophilla breviligulata); beach heather (hudsonia
tometosa); dune bean (Strophostylis umbellata var,
paludigena); dusty miller (Artemisia stelleriana);
saltmeadow hay (Spartina patens); seabeach sandwort
(Arenaria peploides); sea oats (Uniola paniculata); sea
rocket (Cakile edentula); seaside goldenrod (solidago
sempervirens); and short dune grass (Panicum ararum).
For purposes of this ordinance [article] "coastal
August 6, 1984
- 15f -
primary sand dune' shall not include any mound of sand,
sandy soil or dredge spoil which has been deposited by
man for the purpose of the temporary storage of such
material for later use.
(e) Governmental activity shall mean any or all of the
services provided by the commonwealth or a county or
city to its citizens for the purpose of maintaining
public facilities and shall include but not be limited
to such services as construction, repairing and
maintaining roads, sewage facilities, supplying and
treating water, street lights and constructing public
buildings.
(f) Wetlands board or board means the board created as
provided for in section 62.1-13.6 of the Code of
Virginia.
(g) Reach means a coastal segment of sandy beach
fronting on the Chesapeake Bay (i) upon which there is
mutual interaction of the forces of erosion, sediment
transport and accretion, (ii) whose landward limit,
where no coastal primary sand dune can be identified,
is defined by the nearest man-made impermeable
structure or structures similarly located where a
proposed structure is contemplated, or roads or
bulkheads and (iii) lies within a county, city or town
which is receiving or has received funds under the
provisions of Chapter 21 of Title 10 (SlO-215 et seg.)
of the Code. whenever coastal primary sand dunes are
referred to in this ordinance such reference shall also
include reaches.
Sec. 1602. Uses.
The following uses of and activities on dunes are
permitted if otherwise permitted by law:
(a) The construction and maintenance of noncommercial
walkways which do not alter the contour of the coastal
primary sand dune; August 6, 1984
-2-
- 15g -
(b) The construction and maintenance of observation
platforms which are not an integral part of any
dwelling and which do not alter the contour of the
coastal primary sand dune;
(c) The planting of beach grasses or other vegetation
for the purpose of stabilizing coastal primary sand
dunes;
(d) The placement of sand fences or other material on
or adjacent to coastal primary sand dunes for the
purpose of stabilizing such features, except that this
provision shall not be interpreted to authorize the
placement of any material which presents a public
health or safety hazard;
(e) Sand replenishment activities of any private or
public concern, provided no sand shall be removed from
any coastal primary sand dde fdone@ dune unless
authorized by lawful permit;
(f) The normal maintenance of any groin, jetty, riprapt
bulkhead or other structure designed to control beach
erosion which may abut a coastal primary sand dune;
(g) The normal maintenance or repair of presently
existing roads, highways, railroad beds and facilities
of the United States, this stat-e Commonwealth or any of
its counties or cities, or those of any person, firm,
corporation, or utility, provided no coastal primary
sand dunes are altered;
(h) Outdoor recreational activities, provided that such
activities do not alter the natural contour of the
coastal primary sand dune or destroy its vegetation;
(i) The conservation and research activities of the
Virginia Marine Resources Commission, Virginia
Institute of Marine Science, Commission of Game and
Inland Fisheries and other related conservation
agencies;
(j) The construction and maintenance of aids to
navigation which are authorized by governmental
authority;
August 6, 1984
15h
(k) Activities pursuant to any emergency declaration by
the governing body of any local government or the
governor of the commonwealth or any public health
officer for the purposes of protecting the public
health or safety; and
(1) Governmental activity on coastal primary sand dunes
owned or leased by the Commonwealth of Virginia or a
political subdivision thereof.
Section 1606. Action of board [on permit application].
In acting on any application for a permit, the board
shall grant the application upon the concurring vote of three
f4f four (4) members of the board. The chairman of the board, or
in his absence the acting chairman, may administer oaths and
compel the attendance of witnesses. Any person may appear and be
heard at the public hearing. Each witness at the hearing may
submit a concise written statement of his testimony. The board
shall make a record of the proceeding, which shall include the
application, any written statement of witnesses, a summary of
statements of all witnesses, the findings and decision of the
board, and the rationale for the decision. The board shall make
its determination within thirty (30) days from the hearing. If
the board fails to act within such time, the application shall be
deemed approved. Within forty-eight (48) hours of its
determination, the board shall notify the applicant and the
commissioner of such determination and, if the board has not made
a determination, it shall notify the applicant and the commission
that thirty (30) days has passed and the application is deemed
approved.
The board shall transmit a copy of the permit to the
commissioner. If the application is reviewed or appealed,
then the board shall transmit the record of its hearing to the
commissioner. Upon a final determination by the commission, the
record shall be returned to the board. The record shall be open
for public inspection at the office of the city engineer.
August 6, 1984
-4-
15i -
Section 1611. Eme@gency s:nd grading activities on sand
d.ne. 1.@@ d . t @e Atiantic snore ine of
irginia Beach.
Notwithstanding the provisions of Section 1601 through
1610, sand grading activities are permitted on coastal primary
sand dunes located on the Atlantic Shoreline of the City of
Virginia Beach if otherwise permitted by law, and if the city
manager has declared an emergency and has issued a permit for
this purpose. Such activities may be conducted without advance
notice and hearing; however, the city manager, upon request and
after reasonable notice as to time and place, shall hold a
hearing to affirm, modify, amend, or cancel such emergency
permit. "Emergency,* as used in this section, means a sudden and
unforeseeable occurrence or condition, either as to its onset or
as to its extent, of such disastrous severity or magnitude that
governmental action beyond that authorized or contemplated by
existing law is required because governmental inaction for the
period required to amend the law to meet the exigency would work
immediate and irrevocable harm upon the citizens of the
Commonwealth or some clearly defined portion or portions
thereof.
Section 1/26ii7 1612. issuence-of-permite-by-eammission
iConducting activity without permiti.
No person shall conduct any activity which would
require a permit under a coastal primary sand dune ordinance
unless he has a permit therefor.
Section 1612r 1613. Administrative, appellate and
enforcement provisions.
In administering the provisions of this article and in
order to provide for enforcement, the wetlands board shall bear
all those duties and responsibilities and follow those procedures
specified in sections 62.1-13.7 through 62.1-13.19 of the Code of
Virginia in the same manner and on the same basis as it
administers and enforces the Wetlands Zoning Ordinance [article
141.
Section 1/26137 1614. Investigations and prosecutions.
The wetlands board shall have the authority to
investigate all projects, whether proposed or ongoing, which
alter a coastal primary sand dune located within the City of
Virginia Beach. The wetlands board shall have the power to
August 6, 1984
15i -
prosecute all violations of any order of such board, or any
violation of any provision of the Wetlands Zoning Ordinance
contained in section 62.1-i3TBGTS 13.25 f62r+-1475J of the Code
of Virginia or of the Coastal Primary Sand Dune Zoning Ordinance
contained in article 16 of the Zoning Ordinance of the City of
Virginia Beach, Virginia.
Section 1/26*47 1615. Violations of orders, rules and
regulations.
Any person who knowingly, intentionally, negligently or
continually violates any order, rule or regulation of the
commission or of the wetlands board or violates any provision of
Title 62.1, Chapter 2.2 of the Code of Virginia or article 16 of
the Zoning Ordinance of the City of Virginia Beach, Virginia., or
any provision of a permit granted by the wetlands board or the
commission pursuant to Title 62.1, Chapter 2.2 of the Code of
Virginia or article 16 of the Zoning Ordinance of the City of
Virginia Beach, Virginia, shall be guilty of a misdemeanor.
Following a conviction, every day the violation continues shall
be deemed a separate offense.
Section 46157 1616. Injunctions.
In addition to and notwithstanding the provisions of
section 62.1-13v28t7 13.27 [62.1-13.181 of the Code of Virginia
and section 1614 1615 herein, upon petition of the wetlands board
to the Circuit Court of the City of Virginia Beach, the court may
enjoin such unlawful act and may order the person so acting
unlawfully to take such steps as are necessary to restore,
protect and preserve the wetlands involved.
Section 1/26167 1617. Exemptions.
Nothing in this article shall affect any project or
developinent
(i) for which a valid building permit or final site
plan approval has been issued prior to July one,
nineteen hundred eighty; or
(ii) which, if no building permit is required for such
project, including a locally approved mining operation,
has been otherwise commenced prior to July one,
August 6, 1984
@6-
- 15k -
nineteen hundred eighty and certified as exempt by the
commission or the wetlands board; or
(iii) approved by the Council of the City of Virginia
Beach pursuant to Ordinance No. 931 which was the
Coastline Management Ordinance in effect from March 26,
1979 to July 1, 1980.
Nothing in this section shall be deemed to exclude from
regulation any activity which expands or enlarges upon a project
already in existence or under construction.
This ordinance shall be effective upon the date of its
adoption.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the 6 day of August 1984.
DSH/re
5/2 4/8 4
(H)
APPROVEO AS To CONTENT
DIPART,I,Iri r
AP@O'VED AS TO Fop"i
CITY AFT@-.l .-,,Jpy
August 6, 1984
-7-
- 16 -
Item II-H.
CONSENT AGENDA ITEM # 22286
Upon motion by Councilman McCoy, seconded by Councilwoman Creech, City
Council APPROVED, in ONE MOTION, Items 1, 2, 3*, 4, 5, 6, 7, 8, 10, 11,
12, 12a., 13, 14, 15, 16, 17, 18, and 19 of tbe CONSENT AGENDA.
Vice Mayor McClanan voted a VERBAL NAY on Item 3.
Item 9 was voted on separately.
Item 12a was an ADD-ON Item.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R.
Jones, Robert C. Jones, Vice Mayor Reba S. McClanan, J. Henry
McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
August 6, 1984
- 17 -
Item II-H.1
CONSENT AGENDA ITEM # 22287
Upon motion by Councilman McCoy, seconded by Councilwoman Creech ' City
Council ADOPTED an Ordinance to amend and reordain Section 36-57 of the
Code of the City of Virginia Beach, Virginia, pertaining to PARKING OR
STOPPING CHARTERED BUSES.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R.
Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry
McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
August 6, 1984
- 17a
AN ORDINANCE TO AMEND AND REORDAIN
SECTION 36-57 OF THE CODE OF THE
CITY OF VIRGINIA BEACH, VIRGINIA,
PERTAINING To PARKING OR STOPPING
CHARTERED BUSES
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That section 36-57 of the Code of the City of Virginia
Beach, Virginia, pertaining to parking or stopping chartered
buses, is hereby amended and reordained to read as follows:
Section 36-57. Parking or stopping of charter buses.
(a) Except as otherwise provided herein, the parking
of any charter bus or stopping of any charter bus for the purpose
of picking up or discharging passengers shall be prohibited from
May first to October first of every calendar year on all
municipal parking lots and all public streets in the following
areas:
(1) The Virginia Beach Borough, except that
charter buses may stop for no more than fifteen (15) minutes to
pick up or discharge passengers in the circular driveway on the
east side of the Virginia Beach Civic Center (Dome) located on
Pacific Avenue between 19th and 20th Streets or on the west side.
of the Virginia Beach Civic Center (Dome) parking lot located on
Arctic Avenue between 19th and 20th Streets in a zone designated
Charter Buses Loading and Unloading Only.
(2) An area in the Lynnhaven Borough bounded on
the south by the northern boundary of the Virginia Beach Borough,
on the west by the Linkhorn Bay and Seashore State Park, on the
north by 89th Street, and on the east by the Atlantic Ocean;
including but not limited to those communities denoted as the
North Virginia Beach, PrinceSS Anne Hills, Bay Colony and
Cavalier.
(b) The city manager or his duly authorized agent may
authorize the parking or stopping of charter buses in locations-
August 6, 1984
- 17b -
and/or at times otherwise prohibited by subsection (a) above.
Such authorization, if granted, shall be in writinq, a copy of
which shall be in the possession of the charter bus driver.
Adopted this 6 day of August , 1984, by the
Council of the City of Virginia Beach, Virginia.
RMB/da
Alt.3.1
7/25/84
August 6, 1984
-2-
- 18 -
Item II-H.2
CONSENT AGENDA ITEM # 22288
Upon motion by Councilman McCoy, seconded by Councilwoman Creech, City
Council APPROVED an Ordinance, on FIRST READING, to appropriate $54,555
from the General Fund balance to refund the Federal Government for site
development of the SEATACK BORROW PIT.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R.
Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry
McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
August 6, 1984
- 18a -
AN ORDINANCE TO APPROPRIATE FUNDS
OF $54,555 FROM THE GENERAL FUND
BALANCE TO REFUND THE FEDERAL
GOVERNMENT FOR SITE DEVELOPMENT OF
THE SEATACK BORROW PIT
WHEREAS, in 1980, the City opened a borrow pit at Seatack
for the purpose of providing sand for the Beach Replenishment
Program,@ and
WHEREAS, the Federal Goverrunent agreed to pay 50% of the
cost of clearing, grubbing, and stripping the site based on the
assumption that the pit would be used exclusively as the sole
or primary source of beach nourishment material as required for
Federal project authorization; and
WHEREAS, the material in the Seatack borrow pit had a high
clay content and was unsatisfactory as the primary source of
beach material; and
WHEREAS, consequently, the Army Corps of Enqineers has requested
that $54,555 paid by the Federal Government for site development
of the Seatack borrow pit be refunded; and
WqEREAS, City staff has reviewed and agrees with the costing
method applied in dete@ining the refund amount.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA, that funds of $54,555 be appropriated
from the General Fund Balance to refund the Federal Goverrunent
for site development of the Seatack borrow pit.
Adopted by the Council of the City of Virginia Beach, Virginia,
on the day of 1984.
First Reading: August 6, 1984
Second Reading:
August 6, 1984
- 19 -
Item II-H.3
CONSENT AGENDA ITEM # 22289
Upon motion by Councilman McCoy, seconded by Councilwoman Creech, City
Council ADOPTED an Ordinance to Transfer $40,000 of Capital Project
Funds for Project #2-926 ATLANTIC AVENUE BEAUTIFICATION.
Voting: 10-1
Council Members Voting Aye;
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R.
Jones, Robert G. Jones, J. Henry McCoy, Jr., D.D.S., and Meyera
E. Oberndorf
Council Members Voting Nay:
Vice Mayor Reba S. McClanan*
Council Members Absent:
None
*Verbal Nay
August 6, 1984
19a -
AN ORDINANCE TO TRANSFER $40,000
OF CAPITAL PROJECT FUNDS FOR PROJECT #2-926
ATLANTIC AVENUE BEAUTIFICATION
WHEREAS, the City has contracted with an engineering firm to
perform surveying and landscape architecture services for the Atlantic
Avenue Beautification project, and
WHEREAS, the Public Works Department has requested that the
scope of engineering services be expanded to include a feasibility study and
preliminary cost estimate of reconstructing Atlantic Avenue from Rudee Inlet
to 40th Street, and
WHEREAS, the Atiantic Avenue Beautification capital project
(#2-926) will need an additional $40,000 to cover the cost of the additional
services, and
WHEREAS, the needed funds may be transferred fr(xn project
#2-974 Sandbridge Road-Alignment since that project is anticipated to have
excess appropriations upon completion,
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, that $40,000 of capital project funds be transferred from
project #2-974 Sandbridge Road to #2-926 Atlantic Avenue Beautification for
a feasibility study and preliminary cost estimate.
Adopted by the Council of the City of Vir%inia Beach on the
Sixth day Of August 19 4
A'
"i @;T
August 6, 1984
KAR/2 ORD10
- 20 -
Item II-H.4
CONSENT AGENDA ITEM # 22290
Upon motion by Councilman McCoy, seconded by Councilwoman Creech, City
Council ADOPTED an Ordinance to Transfer Appropriations between Capital
Projects to CLOSE-OUT completed CAPITAL PROJECTS for Fiscal Year 1983-84.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R.
Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry
McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
August 6, 1984
1- - 20a -
z
1-
z
0
0 z
1-
AN ORDINANCE TO TRANSFER APPROPRIATIONS
< BETWEEN CAPITAL PROJECTS TO CLOSE-OUT
> COMPLETED CAPITAL PROJECTS
0 u FOR FISCAL YEAR 1983-84
iw
CL
CL
WHEREAS, various capital projects have been completed and it is
necessary to close-out the financial records of these projects for FY
1983-84, and
WHEREAS, some completed projects have excess and some insuf-
ficient appropriations, and
WHEREAS, the close-out requires appropriations and expenditures
be equal for each completed project,
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH that appropriations be transferred between capital projects
as enumerated below to allow the close-out of completed capital projects.
Project Class/Project Amount
School Projects
Transfer To:
*1-904 New Cox Senior School + 710,873
Transfer From:
1-608 Cox High School Renovations - 208,947
1-609 Princess Anne High Renovation - 180,148
**1-906 Creeds Elementary Renovation - 40,000
**1-921 Aragona Elementary Lighting - 43,500
1-933 Va. Beach Jr. High Alterations - 238t278
Net Change -0-
Highway Projects
Transfer To:
2-302 Frincess Anne Road-Phase I + 4,451
2-709 First Colonial Road-Phase Ii + 22,910
2-807 Lynnhaven Parkway-Phase IV + 89,680
2-916 Cedar Hill Canal + 2,625
2-942 Beechwood Streets + 1,680
*2-947 Mill Dam Streets + 19,396
Transfer From:
2-413 Lynnhaven Parkway-Phase III - 4,770
2-605 Buccaneer Road Bulkhead - 29,534
*2-712 Dredging Eastern Branch
Lynnhaven River - 74,698
2-950 Bridge Guardrail Installation - 2,552
2-973 Pavilion Drive-Access Road - 8,112
2-904 Doyletown Streets - 21,076
Net Change -0-
August 6, 1984
KAR/2 ORD9-1
- 20b -
Building Projects
Transfer To:
T-663--don-stitutional Officers
Building Renovation + 8,185
*3-950 District Court Addition + 152,011
Transfer From:
3-926 Seatack Fire Station - 46,892
3-930 Visitor's Information Center - 32,028
3-932 Fire Station #13-Blackwater - 532
3-935 Trolley Garage and Office - 4,877
3-936 Highway Stockyard-Oceana - 44,129
3-943 Power Management System - 31,738
Net Change -0-
Parks & Recreation
Transfer To@
4-803 Princess Anne Park-Restrooms + 2,264
*4-917 Red Mill Farms Park + 3,235
Transfer From:
4-909 Senior Center-Pungo 3,976
*4-809 Rosemont Forest Park 1,523
Net Change -0-
Water Projects
Transfer To:
*5-304 Small Line Improvements + 17,593
5-827 Birdneck Point + 3,109
Transfer From:
5-700 Shell Road/Five Forks Main - 1,015
5-924 Rudee Avenue Main - 6,412
5-927 Bonney Road Main - 363
5-941 Desalting Plant - 12,912
Net Change -0-
Sever Projects
Transfer To:
*6-316 Various Sewer Projects + 18,205
6-805 Cape Story by-the-sea + 6,299
6-900 Newtown Road Force Main + 163
*6-903 Lynnhaven Colony Sewer + 21,241
Transfer From:
6-604 North Virginia Beach - 30,463
6-914 Bonney Road - 15,445
Net Change -0-
*Active projects
**Project to be deleted.
Adopted by the Council of the City of Vir-ginia Beach on the
Sixth day of August 19
August 6, 1984
-2-
KAR/2 ORD9-2
- 21 -
Item II-H.5
CONSENT AGENDA ITEM # 22291
Upon motion by Councilman McCoy, seconded by Councilwoman Creech, City
Council ADOPTED an Ordinance to Transfer $15,000 of Capital Project Funds
for Project #4-811 LESNER BRIDGE BOAT RAMP.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R.
Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry
McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
August 6, 1984
- 21a -
AN ORDINANCE TO TRANSFER $15,000 OF
CAPITAL PROJECT FUNDS FOR PROJECT #4-811
LESNER BRIDGE BOAT RAMP
WHEREAS, the Department of Parks and Recreation desires the
construction of a boat ramp and auxiliary facilities near Lesner Bridge,
and
WHEREAS, the Department wishes to obtain grant aid from the
C(xnmission of Game and Inland Fisheries for construction of the boat ramp,
and
WHEREAS, in an effort to obtain grant aid, plans must be pre-
sented for review and consideration by the Commission, and
WHEREAS, the cost of the plans is estimated at $15,000 with the
amount available from project #4-809 Rosemont Forest Park since funds are no
longer needed for site acquisition due to the dedication of the park site.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, that project #4-811 Leaner Bridge Boat Ramp is hereby
established as a capital project and that $15,000 is transferred from #4-809
Rosemont Foreat Park to project #4-811 for design of a boat ramp.
Adopted by the Council of the City of Vir%@ia Beach on the
Sixth day of August 19
APPROVED AS'TO CONTENT
DEPARTMENT
August 6, 1984
KAR/2 ORD12
- 22 -
Item II-H.6
CONSENT AGENDA ITEM # 22292
Upon motion by Councilman McCoy, secnded by Councilwoman Creech, City
Council ADOPTED an Ordinance to Transfer Capital Project Funds of $41,000
to Project #4-915 LYNNHAVEN PARK (RACQUETBALL COURT ADDITION).
Voting; 11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R.
Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry
McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
August 6, 1984
- 22a
AN ORDINANCE TO TRANSFER
CAPITAL PROJECT FUNDS OF $41,000
TO PROJECT #4-915 LYNNIIAVEN PARK
(RACQUETBALL COURT ADDITION)
WHEREAS, the current capital improvement program includes the
addition of four racquetball courts, screen covering, and an observation
deck at Lynnhaven Park, and
WHEREAS, a consultant for the Lynnhaven Park project has recom-
mended that the existing courts be renovated to include additional struc-
tural security and additional weather protection with an estimated cost of
$41,000, and
WHEREAS, the additional appropriations may be transferred from
project #4-610 Bayville Farms Park Irrigation System since that project was
deemed as no longer necessary,
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, that capital project funds of $41,000 be transferred from
project #4-610 Bayville Farms Park Irrigation System to project #4-915
Lynnhaven Park (Racquetball Court Addition) for renovation of the existing
courts to include additional structural security and weather protection.
Adopted by the Council of the City of Virginia Beach on the
Sixth day Of Au2ust 19 84
APPROVED AS TO CONTENIT
SIGNATU@E
August 6, 1984
- 23 -
item II-H.7
CONSENT AGENDA ITEM # 22293
Upon motion by Councilman McCoy, seconded by Councilwoman Creech, City
Council ADOPTED an Ordinance to Transfer $15,000 of Capital Project Funds
to Project #3-935 PARKS AND RECREATION OFFICE RENOVATION.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, E. Jack Jennings, Jr., Louis R.
Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry
McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
August 6, 1984
- 23a -
AN ORDINANCE TO TRANSFER
$15,000 OF CAPITAL PROJECT FUNDS
TO PROJECT #3-935 PARKS AND RECREATION
OFFICE RENOVATION
WHEREAS, the current capital improvement program includes the
renovation of the existing office building and additional office space for
the main office of the Parks and Recreation Department, and
WHEREAS, there is a present need to improve parking lot con-
ditions at the main office location to serve the staff and the citizens
visiting the office, and
WHEREAS, the parking lot improvements will result in the need to
transfer an additional $15,000 to project #3-935 Parks and Recreation Office
Renovation, and
WHEREAS, the funds may be transferred from project #3-616 City
Garage Office Expansion-Phase II since that project is virtually completed
and has excess appropriations.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, that capital project funds of $15,000 are hereby transferred
from project #3-616 City Garage Office Expansion-Phase II to project #3-935
Parks and Recreation Office Renovation for improvements to the parking lot.
Adopted by the Council of the City of Virginia Beach on the
Sixth day of Auizust 19 84
tl;)PROVE,D @,S TO 7Oi4-, Et!T
August 6, 1984
KAR/2 ORD13
- 24 -
Item 11-H.8
CONSENT AGENDA ITEM # 22294
Upon motion by Councilman McCoy, seconded by Councilwoman Creecb, City
Council ADOPTED an Ordinance to authorize the acquisition in fee simple
utility easements for LITTLE NECK ROAD SEWER EXTENSION, either by agreement
or by condemnation.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R.
Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry
McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
August 6, 1984
- 24a -
AN ORDINANCE TO AUTHORIZE THE ACQUISITION
IN FEE SIMPLE UTILITY EASEMENTS FOR LITTLE
NECK ROAD SEWER EXTENSION, EITHER BY
AGREEMENT OR BY CONDEMNATION.
WHEREAS, in the opinion of the Council of the City of
Virginia Beach, Virginia, a public necessity exists for the
construction of this important project for public purposes for
the preservation of the safety, health, peace, good order,
convenience, and welfare of the people in the City of Virginia
Beach.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE
CITY OF VIRGINIA BEACH, VIRGINIA:
Section 1. That the City Attorney is hereby authorized
and directed to acquire by purchase or condemnation pursuant to
Sections 15.1-236, et seq., 15.1-898, 15.1-899, and Section
33.1-89 et seq., Code of Virginia of 1950, as amended, all that
certain real property in fee simple, including temporary and
permanent easements of right of way as shown on the plans
entitled, "SEWER FACILITY IMPROVEMENTS DONCASTER SEWER EXTENSION
- LYNNHAVEN BOROUGH," these plans being on file in the Office of
Real Estate Department of Public Works, Virginia Beach,
Virginia.
Section 2. That the City Attorney is hereby authorized
to make or cause to be made on behalf of the City of Virginia
Beach, to the extent that funds are available, a reasonable offer
to the owners or persons having an interest in said lands, if
refused, the City Attorney is hereby authorized to institute
proceedings to condemn said property.
Section 3. That an emergency is hereby declared to
exist and this ordinance shall be in force and effect from the
date of its adoption.
Adopted by the Council of the City of Virginia Beach,
virginia, on the 6 day of August 1984.
Ape)ROVED AS TO CONIIN.'
JAR/re August 6, 1984
7/18/84 DEPARTMENT
8/1/8 4 AS Tq) FOORM
9
- 25 -
Item II-H.9
CONSENT AGENDA ITEM # 22295
Maryann I.Ustick, Director of the Department of Housing and Community De-
velopment, spoke concerning this particular item.
Upon motion by Councilman Louis Jones, seconded by Councilwoman Oberndorf, City
Council ADOPTED an Ordinance to amend the Community Develpment Budgets for the
Program Years 8, 9, and 10 and further AMENDED* same.
*The $10,000 designated for TARGET AREA HISTORY shall be REALLOCATED to
HOUSING REHABILITATION.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R.
Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry
McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
August 6, 1984
- 25a -
AN ORDINANCE TO AMEND THE
COMMUNITY DEVELOPMENT BUDGETS
FOR PROGRAM YEARS 8, 9, AND 10
WHEREAS, the Department of Housing and Community Development (HCD)
in cooperation with the Citizens Advisory Committee (CAC) has determined a
need for the following new projects: Tidewater Community College Senior Citizen
Video Tapes, Target Areas Land Use Plan, and Demolition/Clearance, and
WHEREAS, in addition, the need has been determined for a series of
appropriation transfers within Program Years 8, 9, and 10 to reflect current pro-
jected costs for existing HCD projects, and
WHEREAS, these appropriation transfers, in the form of program amend-
ments, for a total of $1,017,993 will be subrnitted to the U. S. Department of
Housing and Urban Development (HUD), and
WHEREAS, the transfer of these funds will not negatively affect any of
the HCD projects.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That transfers of appropriations be made within Program Years 8, 9, and
10 as detailed below.
Program Original Amended
Year Project Allocation Adjustment Allocation
8 Queen City w/s/st $360,125. $-200,000. $160,125.
Burton Station w/s/st 150,000. -100,000. 50,000.
Mill Dam w/s/st 137,779 +300,000. 437,779.
Net Change -0-
9 Reedtown w/s/st $441,500. $-243,924. $197,576.
Queen City w/s/st 100,000. -100,000. -0-
Mill Dam w/s/st 810,668. +243,924. 1,054,592.
TCC Senior Citizen
Video Tapes -0- + 15,000. 15,000.
Rehabilitation 250,000. + 52,672. 302,672.
Relocation 100,000. + 32,328. 132,328.
Net Change -0-
10 Lake Smith w/s/st $862,016. $-152,000. $710,016.
General Administration 486,117. - 92,069. 394,048.
Last Resort Housing 233,867. -130,000. 103,867.
Relocation 250,000. + 49,894. 299,894.
Target Areas Land Use Plan -0- + 30,000. 30,000.
Housing Services Administration -0- +134,175. 134,175.
Rehabilitation 50,000. +145,000. 195,000.
Demolition/Clearance -0- + 15,000. 15,000.
Net Change -0-
Adopted by the Council of the City of Virginia Beach on the 6 day
of August 1984.
August 6, 1984
- 26 -
Item II-H.10
CONSENT AGENDA ITEM # 22296
Upon motion by Councilman McCoy, seconded by Councilwoman Creech, City
Council ADOPTED an Ordinance authorizing and directing the City Manager
to EXECUTE Cost Participation Agreements with HOUSING SYSTEMS, INC. for
Water and Sewer Facilities.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, E. Jack Jennings, Jr., Louis R.
Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry
McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
August 6, 1984
- 26a -
AN ORDINANCE AUTHORIZING AND DIRECTING
THE CITY MANAGER TO EXECUTE COST
PARTICIPATION AGREEMENTS WITH HOUSING
SYSTEMS, INC. FOR WATER AND SEWER
FACILITIES
WHEREAS, Housing Systems, Inc. is desirous of developing
land located in the Princess Anne Borough in accordance with
the terms and conditions of the city ordinances, and
WHEREAS, in order to provide water and sewer services
to this project, it is necessary for the developer to construct
certain water and sewer facilities, and
WHEREAS, the city desires to enter into cost participation
agreements requesting the developer to engage in construction
greater in scope than is necessary for the project in order to
provide water and sewer services to citizens outside the project
limits, and
WHEREAS, the city's share of costs is estimated at $1,225
for water and $2,310 for sewer improvements and such costs may
be charged to existing capital projects 5-304 Small Line Improve-
ments and 6-316 Various Sewer Projects respectively, and
WHEREAS, sudh construction at this time will provide for
future needs and prevent the city from having to incur additional
operating and maintenance costs at a later date.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA:
That the City Manager is hereby authorized to execute cost
participation agreements with Housing Systems, Inc. for construction
of water and sewer facilities in Pecan Gardens. Said agreements
are attached hereto and the same are hereby approved.
That this ordinance shall be in effect from the date of
its adoption.
ADOPTED: August 6, 1984
JDB: jh
8/1/84
August 6, 1984
@26b -
CITY OF VIRGINIA BEACH
DEPARTMENT OF PUBLIC UTILITIES
COST PARTICI
THIS AGREEMENT, Made this day oi
19 841 by and between Housing Systems Inc.
hereinafter referred to as "Owner-1, and the CITY OF VIRGINIA
BEACH, VIRGINIA, hereinafter reforred to as the "City".
WHEREAS, Owner is seized in fee simple of
a,q lnrn 9-29 a ac
X&d 70, sht. 2
WHEREAS, Owner is desirous of improving the Project in
accordance with the terms and conditions of the City ordinances
and agrees to conform to said ordinances; and
WHEREAS, in order for Owner to provide water service to this
Project, it Is necessary for Owner to construct certain water
facilities; and
WHEREAS. the City has requested that such construction be
greater in scope tban Is necessary to provide service to this
Project; and
WHEREAS, such construction is of value to tbe City in
providing service to customers other than those within the
Project limits;
NOW, THEREFORE, in consideration of the mutual promises and
benefits accruing hereto, the parties agr'ee that;
1. Owner aball construct a water system (hereinafter the
issystem") according to plans and specifications approved by the
Department of Public Utilities, a COPY of which is on file with
the Department.
August 6, 1984
26c -
2. The City shall make cash payment to Owner in the amount
(One Thousand Two Hundred
of ($)1;225.00 & Twenty Fivej after successful completion of the
System and acceptance thereof by the City in accordance with the
approved plans.
3. The City shall have the right at any time to make,
connect. or permit the conneetion of any other water facility to
the System. Any such connection may be at any point. and the
City shall have the right at any time to use the System to serve
persons within and without the Project limits.
4. Upon successful completion of the System and acceptance
thereof by the City, Owner hereby agrees that the System,
including but not limited to water connections, water maing,
valves, fittings, and all other facilities, shall be deemed
dedicated to the City of Virginia Beach as of the date of the
City's written acceptance thereof.
5. Owner shall indemnify and hold the City harmless from
any and all liability of whatever nature arising out of the
design, approval, construction, and/or installation of the
system. In the event any claim is made against the City, either
independently or jointly with Owner, lessee, or purchaser ou
account hereof, the Owner at its sole cost shall defend the City
against such claim.
6. This Agreement shall inure to the benefit of and be
binding upon the parties hereto and their respective heirs,
successors, and assigns.
7. Upon execution of this Agreement. it shall be recorded
by the City in the Clerk's Office of the Circuit Court of the
City of Virginia Beach. Virginia, at Owner's expense.
August 6, 1984
26d -
IN WITNESS WHEREOF. - -H6iiiiri@ -s@st@hm 'Iric ---------- - --------
has caused its name to be hereunto signed by ...
Jack Helfant and the City of Virginia Beach,
Virginia has caused its name to be hereunto signed by
, its City Manager.
WITNESS the following signatures and seals.
Hniining q3rqt-pTnpt Tnt,
By
APPROVED AS TO CONTENTS
CITY OF VIRGINIA BEACH, VIRGINIA
5IGNATURIE
@'ill @.I. /1 h c s
DEPARTMLNT
APPROVED AS TO FORM By
City Manager
SIGNATURE
CITY ATTORNEY
v IED AS 10,KVAIL41U'y OFFUNDS
city,
August 6, 1984
26e
AREA BEING PROVIDED
ER AND SEWER SERVICE CONNECTIONS
7!JM At:
AREA BEING DE
HOUSING SYSTE
P-1
r1/2
EXHIBIT SHOWING OFF-SITE AREA BEING PROVIDED WITH
WATER AND SEWER SERVICE CONNECTIONS IN PECAN GARDENS
(G 10-54)
August 6, 1984
- 27 -
Item II-H.11
CONSENT AGENDA ITEM # 22297
Upon motion by Councilman McCoy, seconded by Councilwoman Creech, City
Council ADOPTED an Ordinance authorizing and directing the City Manager
to EXECUTE a Cost Participation Agreement with SOLARTOWNE, LTD. for
road improvements to Newtown Road.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Pentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R.
Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry
McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
August 6, 1984
- 27a -
AN ORDINANCE AUTHORIZING AND
DIRECTING THE CITY MANAGER TO
EXECUTE A COST PARTICIPATION
AGREEMENT WITH SOLARTOWNE, LTD.
FOR ROAD IMPROVEMENTS TO NEWTOWN
ROAD
WHEREAS, Solartowne, Ltd. is developing certain
real property in the Bayside Borough; and
WHEREAS, the development of the property requires
certain improvement along Newtown Road at Broadmeadows
Boulevard; and
WHEREAS, the city has plans to construct a left turn
lane along Newtown Road at Broadmeadows Boulevard; and
WHEREAS, there are cost savings to the city to have
Solartowne, Ltd. c6nstruct the left turn lane while providing
the required improvements to its site; and
WHEREAS, the estimated cost of the road improvements
is $21,409 of which the city will reimburse the developer
$7,500 for the road widening expense; and
WHEREAS, funding for the city's participation is
available from project 2-816 Highway Safety Improvements.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF
THE CITY OF VIRGINIA BEACH:
That the City Manager is hereby authorized and
directed to execute a cost participation agreement with
Solartowne, Ltd. for road improvements to Newtown Road.
Said agreement is attached herto and the same is hereby
approved.
This ordinance shall be in effect from date of
adoption.
ADOPTED: August 6, 1984
August 6, 1984
-27b
PARTICIPATION AGREEMENT
FOR
BROADMEADOWS BOULEVARD
LEFT TURN LANE
THIS AGREEMENT, Made this 5th day of May, 1984, by and
between SOLARTOWNE, LTD., a Virginia corporation, party of the
first part, and the CITY OF VIRGINIA BEACH, a Municipal
corporation of the Commonwealth of Virginia, party of the second
part.
W I T N E S S E T H
THAT WHEREAS, all parties to this AGREEMENT recogniz that
certain traffic problems exist in the CITY OF VIRGINIA :EACH,
along Newtown Road at Broadmeadows Boulevard; and,
WHEREAS, the cost of building these improvements is
$21,409.00 as based upon estimate prepared by Asphalt Roads and
Materials Company, Inc. for Solartowne, Ltd., dated the 18th day
of January, 1984; and
WHEREAS, all parties agree to contribute to the construction
and installation of these road improvements;
NOW, THEREFORE, be it resolved and agreed that:
1. The road improvements to be built are to the same as
shown on the site plan for Solartowne, Ltd. copies of which are
on file in the City Engineer's Office, and will be built by
Asphalt Roads and Materials Company, Inc. as part of the above
site plan improvements.
2. Contribution and participation in the cost of the road
EVANS A WOOD
August 6, 1984
27c -
improvements shall be as follows:
CITY OF VIRGINIA BEACH $7,590.09
SOLARTOWNE, LTD. 13,909.00
TOTAL $21,409.00
3 . SOLARTOWNE, LTD. will pay the full amount upon
completion of the above described improvements. Within 30 days
of completion, the CITY OF VIRGINIA BEACH will reimburse
Solartowne, Ltd. the sum of $7,500.90, its contribution to the
road widening expense.
THIS AGREEMENT, contains the entire agreement between th
parties hereto and supersedes all prior and contemporaneou:
understandings and agreements, written or oral between the
parties. It relates solely to the contributions to be made to
the construction and installation of the road improvements and to
no other contracts whatsoever.
IN WITNESS WHEREOF, SOLARTOWNE, LTD. has caused thi
AGREEMENT to be executed by its President and attested by it
Secretary, and the CITY OF VIRGINIA BEACH has caused this
AGREEMENT to be executed executed by its City Manager and
attested to by its City Clark, duly authorized.
ATTEST: CITY OF VIRGINIA BEACH
By
City Clerk City Manager
EVAM
August 6, 1984
27d -
It
SOLARTOWNE# LTD.*
BY
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
The foregoing Agreement was exec,ted th to @@ d-aY Of May,
1984, by Michaef E. Wood, Plerident of solartowne, Ltd., a
Virginia corporation, and attested by its Sec yr Andre Evans.
MY commission expires:
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
fore
of Ma The 1984, gzying Agreement was executed before me this day
the Y' of Vi City Manaoer for
C City
O.Onwealth of I rporation of the
City Clerk.
NOtarY Publc
MY commission expires:
@PROVED AS TO CONTENT CE"'I"Ell AS TO AVAJLABIUTY OF RMS
Vkgi- &_.k V.,&,
APPROVED AS To RORM
IAM a WOOD
CITY ATTORNEY
August 6, 1984
- 28 -
Item II-H.12
CONSENT AGENDA ITEM # 22298
Upon motion by Councilman McCoy, seconded by Councilwoman Creech, City
Council ADOPTED an Ordinance to authorize a temporary ENCROACHMENT into
a portion of the right-of-way of an unnamed 15' alley to MARY W. ROGERS.
This Encroachment shall be subject to the following conditions:
1. This encroachment shall be constructed and maintained
in accordance with City standards.
2. This encroachment shall terminate upon notice by the
City, within thirty days after such notice.
3. The City shall be held harmless of any liability as
a result of this encroachment.
4. This encroachment shall not be in effect until the
applicant has entered into an agreement encompassing
the above conditions.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R.
Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry
McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
August 6, 1984
- 28a -
AN ORDINANCE TO AUTHORIZE A TEMPORARY
ENCROACHMENT INTO A PORTION OF THE
RIGHT-OF-WAY OF AN UNNAMED 15' ALLEY TO
MS. MARY W. ROGERS, HER HEIRS, ASSIGNS
AND SUCCESSORS IN TITLE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That pursuant to the authority and to the extent
thereof contained in Section 15.1-893, Code of Virginia, 1950, as
amended, Ms. Mary W. Rogers, her heirs, assigns and successors in
title is authorized to construct and maintain a temporary
encroachment into the right-of-way of an unnamed 15 1 alley.
That the temporary encroachment herein authorized is
for the purpose of constructing and maintaining a private septic
system and that said encroachment shall be constructed and
maintained in accordance with the City of Virginia Beach Public
Works Department's specifications as to size, alignment and
location, and further that such temporary encroachment is more
particularly described as follows:
An area of encroachment into a portion of
the City's right-of-way known as an
unnamed 151 alley, on the certain plat
entitled: 'Site Plan Lots 8 & 20 Block
20, Croatan Beach Lynnhaven Borough
Virginia Beach, Va.," a copy of which is
on file in the Department of Public Works
and to which reference is made for a more
particular description.
PROVIDED, HOWEVER, that the temporary encroachment
herein authorized shall terminate upon notice by the City of
Virginia Beach to Ms. Mary W. Rogers, her heirs, assigns and
successors in title and that within thirty 30 days after such
notice is given, said encroachment shall be removed from the City
right-of-way of an unnamed 15' alley and that Ms. Mary W. Rogers,
her heirs, assigns and successors in title shall bear all costs
and expenses of such removal.
AND, PROVIDED FURTHER, that it is expressly understood
and agreed that Ms. Mary W. Rogers, her heirs, assigns and
successors in title shall indemnify and hold harmless the City of
August 6, 1984
- 28b -
Virginia Beach, its agents and employees from and against all
claims, damages, losses, and expenses including reasonable
attorney's fees in case it shall be necessary to file or defend
an action arising out of the location or existence of such
encroachment.
AND, PROVIDED FURTHER, that this ordinance shall not be
in effect until such time that Ms. Mary W. Rogers executes an
agreement with the City of Virginia Beach encompassing the
afore-mentioned provisions.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the 6 day of August 1984
MES/sm
6/6/84
(29B)
APPRC)VED Ac@ TO CONTENT
DEPARTIO.ENT
APPA ',E@AS T FQPM
-@,!CNAIURE
CITY ATTORNEY
-2-
August 6, 1984
- 29 -
Item 11-H.12a.
CONSENT AGENDA ITEM # 22299
ADD ON
Upon motion by Councilnian McCoy, seconded by Councilwoman Creech, City
Council ADOPTED an Ordinance authorizing a temporary ENCROACBMENT into
a portion of the right-of-way of Ocean Hills Road, to OCEAN HILLS OWNER'S
ASSOCIATION, INC., its assigns and successors in title.
This Encroachment shall be subject to the following conditions:
1. This encroachment shall be constructed and maintained
in accordance witb CitY standards.
2. Tbis encroachment shall terminate upon notice by the
City, witbin thirty days after such notice.
3. The City shall be held harmless of any liability as
a result of this encroachment.
4. This encroachment shall not be in effect until the
applicant has entered into an agreement encompassing
the above conditions.
Voti.ng-. 11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R.
Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry
McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
August 6, 1984
- 29a -
AN ORDINANCE TO AUTHORIZE A TEMPORARY
ENCROACHMENT INTO A PORTION OF THE
RIGHT-OF-WAY OF OCEAN HILLS ROAD,
TO OCEAN HILLS OWNER'S ASSOCIATION,
INC., ITS ASSIGNS AND SUCCESSORS IN
TITLE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That pursuant to the authority and to the extent
thereof contained in Section 15.1-893, Code of Virginia, 1950, as
amended, the Ocean Hills Owner's Association, Inc., its assigns
and successors in title is authorized to construct and maintain a
temporary encroachment into a portion of the City right-of-way of
Ocean Hills Road.
That the temporary encroachment herein authorized is
for the purpose of constructing and maintaining a well and
sprinkler system to service a landscaped area within the
right-of-way of Ocean Hills Road and that said encroachment shall
be constructed in accordance with the City of Virginia Beach
Public Works Department's specifications as to size, alignment
and location, and further that such temporary encroachment is
more particularly described as follows:
An area of encroachment into a portion of
the City's right-of-way known as Ocean
Hills Road as shown on that certain plat
entitled: 'OCEAN HILLS PHASE TWO VIRGINIA
BEACH, BOROUGH, VIRGINIA BEACH, VA.,- a
copy of which is on file in the Virginia
Beach Department of Public Works and to
which reference is made for a more
particular description.
PROVIDED, HOWEVER, that the temporary encroachment
herein authorized shall terminate upon notice by the City of
Virginia Beach to any officer of Ocean Hills Owner's Association,
Inc., its assigns and successors in title and within thirty (30)
days after such notice is qiven, said encroachment shall be
removed from the City right-of-way of Ocean Hills Road by the
Ocean Hills Owner's Association, Inc. and that the Ocean Hills
August 6, 1984
- 29b -
Owner's Association, Inc., its assigns and successors in title
shall bear all costs and expenses of such removal.
And PROVIDED FURTHER, that it is expressly understood
and agreed that the Ocean Hills Owner's Association, Inc., its
assigns and successors in title shall indemnify and hold harmless
the City of Virginia Beach, its agents and employees from and
against all claims, damages, losses, and expenses including
reasonable attorney's fees in case it shall be necessary to file
or defend an action arising out of the location or existence of
such encroachment; and
PROVIDED FURTHER, this ordinance shall not be in effect
until such time that the Ocean Hills Owner's Association, Inc.
executes an agreement with the City of Virginia Beach
encompassing the afore-mentioned provisions and other provisions
deemed appropriate by the City Attorney.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the 6 day Of August 19 84
MES/re
7/12/84
(29B)
APPi-@OV@" i
-2-
August 6, 1984
- 30 -
Item II-H.13
CONSENT AGENDA ITEM # 22300
Upon motion by Councilman McCoy, seconded by Councilwown Creech, City
Council ADOPTED an Ordinance appointing Viewers in the petition of
LAKESIDE CONSTRUCTION CORPORATION for the closure, vacation and dis-
continuance of a portion of Painters Lane (Princess Anne Borough).
The Viewers are:
Robert J. Scott Director of Planning
David M. Grochmal Assistant to the City Manager
C. Oral Lambert, Jr. Director of Public Works
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R.
Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry
McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
August 6, 1984
30a -
ORDINANCE APPOINTING VIEWERS
WHEREAS, Lakeside Construction Corporation has
given due and proper notice in accord with law that it
would, on the 6th day of August , 1984, apply to the
City Council of the City of Virginia Beach, Virginia, for
the appointment of viewers to view the below-described
portion of Painter'S Lane in Princess Anne 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 portion of
Painter's Lane; and
WHEREAS, such application 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
David M. Grochmal and C. Oral Lambert, Jr. be
and each of them is hereby appointed to view that certain
portion of Painter's Lane as shown on plat entitled "Plat
Showing A Portion of Painter's Lane To Be Closed for
Lakeside Construction Corporation", Princess Anne Borough,
Virginia Beach, Virginia, made by Basgier And Associates,
dated March, 1984, which plat is attached to the ordinance
of vacation to be recorded in the Clerk's Office of the
GROVER C. WRIGHT,,IR.
August 6, 1984
30b -
Circuit Court of the City of Virginia Beach, virginia, and
said viewers shall report in writing to this Council on or
before , 1984, at 2:00 p.m., whether in
their opinion any, and if any, what inconvenience would
result to the public from the discontinuance, vacation and
abandonment of said portion of Painter'S Lane.
August 6, 1984
- 30c -
April 25, 1984
CERTIFICATE OF VESTING OF TITLE
1, 'Tosr.@Pil J. TAwr.r,;R attorney, do hereby
cc@rLify ttizil,.
1. I am an attorney at law and have examined the
title to the property of the petitioner, Lakeside
Construction Corporation.
2. if the property described below is dis-
continued, closed and vacated by the Council of the City of
Virginia Beach, Virginia, then title to said property will
vest i.n LIkesi.de Construction Corporation, the adjacent
landowner.
The said property referred to herein is hereby
described as follows:
All that certain piece or parcel of land
situate, lying and being in the City of
Virginia Beach, State of Virginia, being
tliat part of Painter's Lane shown on plat
entitled "Plat Showiilg A Portion of Painter's
Lane To Be Closed for Lakeside Construction
Corporation", Princess Anne Borough, Virginia
Beach, Virginia, made Basgier And Associates,
dated March, 1984, which plat is attached
to tlie ordinance of vacation from the City
of Virginia Beach, Virginia, to Lakeside
Construction corporation and is to be
recorded in the Clerk's Office of the Circuit
Court of the City of Virginia Beach, Virginia.
Jos@ph J. Lawler
Kel.@, Pickrell & Lawler
102@-First American Bank Bldg.
300 Main Street
Norfolk, Virginia 23510-1781.
August 6, 1984
30d -
IN THE MATTER OF THE APPLICATION OF
LAKESIDE CONSTRUCTION CORPORATION FOR
THE CLOSURE, VACATION AND DISCONTINUANCE
OF A PORTION OF PAINTER'S LANE, IN PRINCESS
ANNE BOROUGH, ON PLAT ENTITLED "PLAT SHOWING
A PORTION OF PAINTER'S LANE TO BE CLOSED FOR
LAKESIDE CONSTRUCTION CORPORATION",VIRGINIA
BEACH, VIRGINIA
PETITION
TO: The City Council of the
City of Virginia Beach,
Virginia Beach, Virginia
Your petitioner, the applicant, Lakeside
Construction Corporation, who owns all of the property
adjoining that portion of Painter's Lane, as shown on "Plat
Showing a Portion of Painter's Lane to be Closed for
Lakeside Construction Corporation", dated March, 1984,
attached to the ordinance of vacation herein and to be
recorded in the Clerk's Office of the Circuit Court of the
City of Virginia Beach, Virginia, hereby applies for the
vacation, closing and discontinuance of that portion of
Painter's Lane shown on the aforesaid plat.
Your petitioner and applicant alleges that no
inconvenience will result to the public by reason of said
closure and asks that Council appoint viewers as provided by
law to view the said portion of Painter's Lane sought to be
closed and report in writing to the Council 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 portion of Painter's Lane sought to
GROVER C. RIG-
e CllgWd herein.
August 6, 1984
30e -
On June 12 1984, and on June 19
1984, notice of intention to apply for such vacation to the
Council was published as required by law in the BEACON, a
newspaper published or generally circulated in Virginia
Beach, Virginia.
Respectfully submitted,
LAKESIDE CONSTRUCTION
CORPORATION
By: A)bi
W. W. Rea@or, Pregident
yer w,@,, p.q.
Post Offi Bo
Virginia 7each 2i458
August 6, 1984
- 31 -
Item 11-H.14
CONSENT AGENDA ITEM # 22301
Uon motion by Councilman McCoy, seconded by Councilwoman Creech, City
Council APPROVED authorization of the publication of a NOTICE OF PUBLIC
HEARING for August 20, 1984 for K, L & S ASSOCIATES (PORTSMOUTH REDEVEL-
OPMENT AND HOUSING AUTHORITY).
(K, L & S ASSOCIATES desires to acquire, construct and equip a 56-unit
multi-family housing project with housing revenue bonds from the Portsmouth
Redevelopment and Housing Authority.)
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R.
Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry
McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
August 6, 1984
- 32 -
Item II-H.15
CONSENT AGENDA ITEM # 22302
Upon motion by Councilman McCoy, seconded by Councilwoman Creech, City
Council APPROVED the Low Bid of REA CONSTRUCTION COMPANY, in the amount
of $109,998.14 for the 1984-85 Emulsified Asphalt Slu@ Seal Schedule;
AND, authorized the City Manager to enter into the necessary agreements
for the implementation of this program.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R.
Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry
McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
August 6, 1984
- 33 -
Item II-H.16
CONSENT AGENDA ITEM # 22303
Upon motion by Councilman McCoy, seconded by Councilwoman Creech, City
Council APPROVED the Low Bid of REA CONSTRUCTION COMPANY, in the amount
of $916,667.05, for the 1984-85 Bituminous Concrete Maintenance Resurfacing
and Profile Schedule; AND, authorized the City Manager to enter into the
necessary agreements for the implementation of this program.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R.
Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Eenry
McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
August 6, 1984
- 34 -
Item II-H.17
CONSENT AGENDA ITEM # 22304
Upon motion by Councilman McCoy, seconded by Councilwoman Creech, City
Council APPROVED the Low Bid of KEYSTONE PAINTING COMPANY, in the amount
of $36,000 for the Cleaning and Painting of Structural Steel, Lesner
Bridge at Lynnhaven Inlet; AND, authorized the City Manager to enter into
the necessary agreements for the implementation of this project.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R.
Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry
McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
August 6, 1984
- 35 -
Item II-H.18
CONSENT AGENDA ITEM # 22305
Upon motion by Co,,ncilman McCoy, seconded by Councilwoman Creech, City
Council APPROVED a Raffle Permit for the following:
LAGO MAR CIVIC LEAGUE
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R.
Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry
McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
August 6, 1984
- 36 -
Item II-H.19
CONSENT AGENDA ITEM # 22306
Upon motion by Councilman McCoy, seconded by Councilwoman Creech, City
Council ADOPTED an Ordinance authorizing Tax Refunds in the amount of
$2,059.24 upon application of certain persons and upon certification
of the Treasurer for payment.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, E. Jack Jennings, Jr., Louis R.
Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry
McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
August 6, 1984
FO$@IA NO, C.A. -1 36a 7/27/84 E@i,
AN ORDINANCE AUTHORIZING TAX REFUNDS
UPON APPLICATION OF CERTAIN PERSONS
AND UPON CEli-rIFICAI-ION OF TI-IE TREASURER
FOR PAYMEN1-
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
Tliat the following applications for tax reflinds upon certification of the Treasurer are hereby approved:
NAME Ttx Type Ticket Exoiiera- Date Penalty Int. Total
Year of Tax Niiiiiber tion No. Paid
Occupacia Corp 84 RE(1/2) 64539-5 11/2/83 71.20
Occupacia Corp 84 RE(2/2) 64539-5 11/2/83 71.20
Leonard L A Laura J Hodges 84 RE(1/2) 96029-4 12/1/83 140,00
Marshall D & Brigida L Austin 84 RE(2/2) 3022-7 6/16/84 62.40
Anthony Galiotos 84 RE(2/2) 30262-9 5/22/84 242.16
Thomas C Jr & Nancy Sawyer 84 RE(2/2) 76332-5 5/21/84 64,36
Richard F Jones 84 pp 81395-1 5/31/84 69.78
Francis M Blanchard 84 RE(2/2) 7237-9 6/25/84 45.95
I",iiik L'iries Inc 84 Rl-(2/2) 99439-2 6/5/t@4 46, 3ti
Nelson P Brock 84 RE(2/2) 10127-6 7/18/84 204.82
Malcolm E & Dianne Tarbert 84 RE(2/2) 84598-1 5/11/84 61.16
Total 1,079.41
This ordinance shall be effective from date of adoption.
The above abatement(s) totaling
- $1.079.41 - were approved by
tlie Cc)uncii of tlie City of Vit'giiiia
Beacii oii tlie6 -day of -4@us'L_-1984
Approved as to fortp:
City Clell(
Rulli Flodges Sniiiii
ir;s@on, 'C'ity Attorney
36b -
FORM NO. C.A, 7 6/27/84 EMC
AN ORDINANCE AUTHORIZING TAX REFUNDS
(JIDON API'LICATION OF CERTAIN PERSONS
AND Ul'ON GERI-IFICA i iON OF THP TREASURER
FOR PAYMENT
[3E IT ORDAINED BY I-IIE COUNCIL OF TFIE CITY OF VIRGINIA BEACH, VIRGINIA:
Tilat tlie following applications for tax reflitids upon certification of the Treasurer are hereby approved:
I,IA@IE T-,tx Tyl)e Ticlcet Exoiiera- Date Penalty lnt. Total
Year of Tax Nuiiiber tioii No. Paid
Lloyd M & Margaret Jordan 81 RE(1/2) 40393-3 11/18/80 13.40
Lloyd M & Margaret Jordan 81 RE(2/2) 40393-3 11/18/80 13.40
L'Ioyd M & Margaret Jordan 82 RE(1/2) 41795-4 12/3/81 14.40
Lloyd M A Margaret Jordan 82 RE(2/2) 41795-4 6/5/82 14.40
Lloyd M & Margaret Jordan 83 RE(1/2) 43161-5 12/5/82 16.00
Lloyd M & Margaret Jordan 83 RE(2/2) 43161-5 6/5/83 16.00
Marshall D A Brigida Austin 82 RE(1/2) 3141-5 11/6/81 28.08
Marshall D A Brigida Austin 82 RE(2/2) 3141-5 6/5/82 28.08
Mar,sliall 0 & Br-igida Austiii 83 IJE(112) 3216-4 11/4/82 31.20
Marshall D & Brigida Austin 83 RE(2/2) 3216-4 6/5/83 31.20
Marvin W& Dorothy Schlegel 81 RE(1/2) 66761-2 12/2/80 6.60
May-v-in W& I)orotliy Scfileqel 81 RE(2/2) 66761-2 6/5/81 6.60
Ma t-v iii W& Do rotliy Scii I eqc@ 1 82 l@(112) 698Y5-8 12/3/81 I.?o
Marvin W& Dorothy Schlegie 82 RE(2/2) 69875-8 6/5/82 7.20
Marvin W& Dorothy Schlegn 83 RE(1/2) 72447-0 12/5/82 9.55
Marvin W& Dorothy Schlegel 83 RE(2/2) 7?447-0 6/5/83 9.55
Mutual Federal S & L 82 RE(1/2) 65092-3 12/5/81 9.98
Mutual Federal S & L 82 RE(2/2) 65092-3 6/5/82 9.98
Mutual Federal S & L 83 RE(1/2) 67656-6 12/5/82 13.20
Mutual Federal S & L 83 RE(2/2) 67656-6 6/5/83 13,20
Arden A Aylesworth 84 pp 6162-9 6/5/84 175.08
Michael F Wilson 84 pp 167444-9 6/5/84 251.28
Total 725.58
This ordinailce shall be effective from date of adoption.
The a@ove abatement(s) totaling C 0 paym
were approved by
tlie Coujicil of tilc,, City of Vitgillia
Beach on the 6 day of August
1984 John Atkinion, f-reisurer
Approved as to fo
Rutli Floclgos Siiiitli
City Clerl(
Biniso riiey
Au ust 6 1984
36c
FORM @lO@ C.A. 7 7/1 2/84 EMC
AN ORDINANCE AUTHORIZING TAX REFUNDS
UPON APPLICATION OF CERTAIN PERSONS
AND UPON CERTIFICATION OF THE TREASUREN
FOR PAYMEN-R
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
Tiiat the following applications for tax refuiids upon certification of the Treasurer are hereby approved:
NAME T.-tx Type Ticket Exoiiera- Date Penalty lnt. Total
Ye-.tr o( r,-tx Ntiiiiber tioii No. Paid
Daiii Neck Properties 81 RE(1/2) 18102-1 12/5/80 6.70
Dain Neck Properties 81 RE(2/2) 18102-1 6/5/81 6.70
Dam Neck Properties 82 RE(1/2) 18683-7 12/4/81 44.35
Dam Neck Properties 82 RE(2/2) 18683-7 6/5/82 44.35
Dam Neck Properties 83 RE(1/2) 19279-4 12/5/82 49.28
Dam Neck Properties 83 RE(2/2) 19279-4 6/5/83 49.28
Loiiias & Nettleton & Co 84 RE(1/2) 54216-6 11/22/83 37.59
Kiiii K Tliornburg N/A Pkng 52867 6/22/84 6.00
Harriett P Mason N/A Pkng 77226 6/28/84 10.00
Total 254.25
This ordinance shall be effective from date of adoption.
The above abatement(s) totaling
$254. 25 --- were approved by
tlle COLillCil of tile City of Virglilia
Beacil oii tlie@---day of August-,---1984 F-(reasurer
Approved as to forni:
RLitli Hodges Smitli
City Clerl(
- 37 -
Item II-I.A
APPOINTMENTS ITEM # 22307
Upon NOMINATION by Councilwoman Henley, City Council APPOINTED the
following:
Councilwoman Meyera E. Oberndorf SOUTHEASTERN TIDEWATER AREA MANPOWER
AUTHORITY POLICY COUNCIL.
(To replace Mayor Harold Heischober)
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R.
Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry
McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay;
None
Council Members Absent:
None
August 6, 1984
- 38 -
Item II-I. I
LJNFINISHED BUSINESS ITEM # 22308
PELICAN DUNES
Attorney Robert Cromwell represented Hudgins and Associates
Mary Morgan, resident of Pelican Dunes, addressed the drainage problem
issue and circulated a petition opposing the solution of Hudgins and
Associates (said petition is hereby made a part of the record).
Mary Morgan requested that a complete indebth study be prepared for PELICAN
DUNES in order to identify the problem completely. Only once the problems are
identified can recommendations and studies for viable solutions be approved.
Mrs. Morgan stated:
"The main issue at PELICAN DUNES is non-performance.
Lots are not filled. The builder did not fill according
to approved site plan. Severe land erosion is being
experienced, not only around the outside of the property
but underneath the property. The storm drains are higher
than the land."
Attorney Robert Cromwell indicated that only eighteen (18) homes are affected
by this problem. Attorney Cromwell further indicated that Mr. Hudgins had
offered to purchase Mary Morgan's home.
By CONSENSUS, City Council agreed to the City Manager's recommendation that the
residents of PELICAN DUNES confer witb Littleton C. Hudgins, President, Hudgins
and Associates, Developer, as to how drainage problems might be resolved. The
City Manager is to advise Council of what action is taken.
August 6, 1984
- 39 -
Item II-I.2
UNFINISHED BUSINESS ITEM # 22309
DP,AINAGE PROBLEMS
ASSOCIATED WITH LOT
GRADINGS
Director of Public Works C. Oral Lambert, Jr. presented various alternatives
to assist in alleviating Drainage Problems.
1. Lot Grading - As of April 1, 1984, the City is requiring a
minimum of 1% slop (previously a flatter slope was permitted).
2. Lots Requiring Filling - Some development plans call for major
filling (defined for the City's purposes as one foot or more).
In those instances, the approved construction drawings will be
marked with a "Special Notice" by the City Engineer's Office
which will highlight this requirement for the Building Official.
3. An amendment to the Site Plan Ordinance will be prepared for
the consideration of City Council which, if adopted, would re-
quire a note on all residential site plans with the effect that
the preparer of the site plan certifies the plan is in compliance
with the approved construction drawings for the respective sub-
division, and further, that the finished floor elevation proposed
on the plan is at or above the minimum City required elevation
for the 100-Year Floodplain.
4. The requirements of FEMA, the City's National Flood Insurance
Program, and local ordinances as they relate to the floor
elevations of garages are being reviewed. A report will be
delivered to Council on the possibility of requiring all finished
floor elevations, including garages, to comply with the minimum
100-Year flood requirements.
5. Leading institutions should be encouraged to modify their existing
requirements for a physical survey of each lot to have the physical
survey include certified verification of the "as built" finished
floor elevation of the structure. The City can implement this by
request to the Staff of the Tidewater Builders Association and
the Tidewater Board of Realtors who can then initiate the effort
through their member agencies.
Upon motion by Councilman Louis Jones, seconded by Councilman Baum, City Council
requested the City Manager to move ahead with administrative actions on Items 1, 2,
4 and 5 mentioned above to ALLEVIATE drainage problems and prepare an Ordinance
regarding an Amendment to the Site Plan Ordinance as mentioned above in Item 3.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R.
Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, and Meyera
E. Oberndorf
Council Members Voting Nay:
None
August 6, 1984
Council Members Absent:
J. Henry McCoy, Jr., D.D.S.
- 40 -
Item II-I.3.
UNFINISHED BUSINESS ITEM # 22310
FINANCING ALTERNATIVES
LAKE GASTON PPROJECT
In response to earlier requests by City Council, Assistant to the City Manager
for Finance, Giles Dodd, presented financing alternatives for the Lake Gaston
project. As of this date, the City has received basically three different
reports on financing of Lake Gaston. The first report was in August 1983.
Arthur Young and Company presented a financial feasibility computer model
which would enable the City to gauge the effect of several sources of fi-
nancing on the water and sewer user charges. The second report received
was in May of this year from the City's Financial Advisor, Government
Finance Associates, Inc. David Rush,who explained the advisibility of (1)
a direct rate subsidy of the water rates from the general fund, (2) a series
of capital contributions from the general fund to the water project and (3)
the use of a special tax district. As a result of this report, City Council
requested David Rush to draft a recommendation from his firm on the preferred
means of financing the Lake Gaston Project (copy of this report is hereby made
a part of the record). Basically, his recommendation is that the project
should be financed by "double barrel" bonds backed by user fees and charges
for water useage.
A proposed policy drafted by City Staff was enclosed in City Council's Agenda
Package and is hereby made a part of the record. The prime source of financing
would be by "double barrel" bonds backed by user charges. All other means of
financing mentioned would be a secondary primary source. This policy statement
was developed because according to the rating agencies they could not consider
upgrading Virginia Beach from Double A to a Triple A Bond Rating at this time.
The City does did not have a stated policy or plan for the Fiancing of the Lake
Gaston Water Project.
A RESOLUTION will be prepared for Council's AGENDA of August 13, 1984, re-
flecting Financing Alternatives for the LAKE GASTON PROJECT.
August 6, 1984
- 41 -
Item II-I.4
UNFINISHED BUSINESS ITEM # 22311
FRANCIS LAND HOUSE
COMITTEE REPORT
David M. Grochmal, Assistant to the City Manager for Inter-governmental Affairs,
presented the Francis Land House Committee Report (a copy of which is hereby
made a part of the record).
This report basically recommended that City Council make a commitment to
operate the House for the following uses:
1. For the entertainment of important guests of the City
at official receptions and gatherings.
2. As a display for period furnishings and for daily public
tours.
3. As a meeting place for such organizations as the Council
of Garden Clubs, the DAR, and the Historical Society.
Improvements would cost approximately $100,000.
It was proposed that City Council create the Francis Land House Board of
Governors which would participate with the City Staff in formulating
policies for the operation of the house.
The City Manager was directed to prepare additional information relative
revenues versus expenditures and the organizational structure of the
FRANCIS LAND HOUSE BOARD OF GOVERNORS delineating their authority and
responsibilities.
August 6, 1984
- 42 -
Item II-I.5
UNFINISHED BUSINESS ITEM # 22312
EASTERN VIRGINIA AMBULANCE
SERVICE, INC. RATE INCREASES
Thomas M. Haskins represented the applicant
Barry E. Rudiger, President of Eastern Virginia Ambulance Service, was also
in attendance
Upon motion by Councilwoman Creech, seconded by Councilwoman Oberndorf, City
Council ADOPTED the request by EASTERN VIRGINIA AMBULANCE SERVICE, INC., for
rate increases and a Fleet increase, as AMENDED by the City Manager's recom-
mendation:
Basic Life Support:
1. An increase in the basic fee for services from
$60 to $70;
2. An increase in the mileage fee from $2.25 to
$2.55 per mile; and
3. An increase in oxygen fees from $7.50 to $9.00
per one-way trip.
Invalid Transport:
1. An increase in the basic fee for services from
$22 to $25
Fleet Increase:
1. An increase from 9 EMS vehicles to 12.
Voting: 7-2
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Robert G. Jones, Vice Mayor Reba S. McClanan, and
Meyera E. Oberndorf
Council Members Voting Nay:
Barbara M. Henley, and H. Jack Jennings, Jr.,
Council Members Abstaining:
Louis R. Jones
Council Members Absent:
J. Henry McCoy, Jr., D.D.S.
August 6, 1984
- 43 -
Item II-I.6
UNFINISHED BUSINESS ITEM # 22313
C.E. MAGUIRE
LAKE GASTON
ADD ON
The City Manager responded to concerns expressed relative the selection
of C. E. MAGUIRE to perform the engineering consulting services for the
LAKE GASTON PROJECT. A copy of the City Manager's report is hereby
made a part of the proceedings.
BY CONSENSUS, City Council DEFERRED until the City Council Meeting of August
20, 1994, the City Manager's report for the PROPOSED WATER SUPPLY PIPELINE.
August 6, 1984
- 43a - )qb,>
Cit@
OFFICE OF THE CITY MANAGER MUNICIPAL CENTER
(SD4) 427@242 VIRGINIA BEACH, VIRGINIA 234w-m2
July 26, 1984
Honorable Mayor and
Members of City Council
Dear Mayor and Members of Council:
In previous discussions with the City Council, you have
requested that I review the selection of CE Maguire to perform
the engineering consulting services for the Lake Gaston
Project. Several concerns have been expressed which require
legitimate examination. The purpose of this letter is to provide
you with the results of my examination of these issues. 1 have
arranged my response to include answers to seven specific
questions and some related issues and information.
The questions and the results of my fact finding are as
follows:
1. Substantial Cost of Overruns on the Norfolk Seavall Project.
The Norfolk Redevelopment and Housing Authority (NRHA)
Waterside Wave Screen Phase I was bid on June 9, 1983 and
construction has been completed.
Maguire's estimate to NRHA for this work was $1,398,445. The
project low bid of $1,119,835 was awarded to Hardaway
Constructors Inc. The bids on the project ranged from a low of
$1,119,835 to a high of $1,633,280. Maguire's estimate
represents a mid point of actual bid prices.
Final construction cost for this project was $1,151,835 with
one change order. The change order which was approved on this
job was made at the request of NRHA and represented enhancements
to the project beyond the original scope and were not as a result
of engineering omisstons. [1 change order for 2 (19-pile)
dolphins = $32,0001
NRHA was pleased with Maguire's efforts and awarded a second
phase of the wave screen design to Maguire. The second phase has
been designed and was bid April 6, 1984.
August 6, 1984
43b -
Honorable Mayor and
Members of City Council
July 26, 1984
Page 2
2. Differences in Cost Estimates for the Virginia Beach Route
vs. the Corps Route
The route which was selected by Virginia Beach is not
estimated to cost $30,000,000 more than the Corps route.
Preliminary cost estimates which have been published do not
compare the projects on an equal basis.
The Virginia Beach route represents approximately 6% greater
distance, but not necessarily greater project cost when all
factors are considered. The Corps route is 79.5 miles long--the
Virginia Beach route is 84.5 miles long.
Virginia Beach allowed for inflation during the construction
period in our cost estimates--($45,849,200)--the Corps of
Engineers did not.
The Virginia Beach proposal was based upon a 60-inch pipe
line--the Corps of Engineers was based on a 48-inch pipe line.
If Virginia Beach ultimately builds a 48-inch line, our cost will
be reduced substantially. The Corps of Engineers made no
allowances for higher operating costs due to energy requirements
with a smaller (48-inch) diameter pipe line.
The Virgini-a Beacii route would utilize an area with
substantially easier construction--the Corps of Engineers route
utilized sensitive wetlands which may require pilings and which
have poor access for construction equipment. 75% of the Virginia
Beach route has already been cleared and two major river
crossings have the piers in place for pipe line construction.
Virginia Beach does not anticipate any major problems with
rock along the VEPCO power line easement.
The Corps of Engineers did not evaluate time delay impacts
with their route. They also did not consider the fact that a
route along the gas line could have substantial opposition.
The Corps of Engineers route affects a significantly greater
number of property owners with additional right-of-way
acquisition problems.
The Virginia Beach route was inspected visually throughout
its entire route; on-site inspection was conducted for major
ortions of the route with a visual inspection of 9 alternate
p
routes.
The Virginia Beach Cost Estimates will be re-evaluated and a
matrix of the most feasible alternatives will be provided to City
August 6, 1984
- 43c -
Honorable Mayor and
Members of City Council
July 26, 1984
Page 3
Council as part of the next phase of engineering-
3. Working Relationship Between CE Maguire, Inc. and other
Tidewater Cities and Specifically Chesapeake
CE Maguire, Inc.'s work with the City of Chesapeake will
involve an evaluation and presentation of a matrix of data on
various connection options available to Chesapeake. The scope of
work does not require a recommendation of the best alternative.
The woik for Chesapeake and familiarity with their system can
enhance our abilities to work together if Chesapeake elects to
participate in the Gaston Project.
The Virginia Beach evaluation matrix for various routes in
connection of potential partners in the Virginia Beach/Gaston
project will be performed by Malcolm Pirnie, lnc. They have
substantial knowledge of the Norfolk and Chesapeake utility
systems.
Malcolm Pirnie will draw upon CE Maguire, Inc.'s experience,
but at the same time will provide a fresh stand-back examination
of the wide range of routes, connection points and treatment
alternatives available to Virginia Beach.
CE Maguire, Inc. has consistently advised Virginia Beach of
other contractual arrangements with Tidewater communities and
has, in fact, not taken jobs when there was a possibility of
conflict.
Their knowledge of the local utility systems is an asset in a
project which may involve one or many other local utilities.
4. The Role of Mr. John L. Slocum vith the City of Boston
It is our understanding that Mr Slocum, who is president of
CE Maguire, Inc., made two political contributions of $4,000 each
to an assistant to the former Mayor of Boston (Theodore V.
Anzalone).
Under litigation which is currently before the Federal Court
in Boston, the U.S. Attorney's Office alleges that these funds
were extorted from Mr. Slocum by Mr. Anzalone-
It is our understanding that Mr. Slocum and officials at CE
Maguire, Inc. have cooperated fully with the U.S. Attorney's
Office and their prosecution of potential corruption within the
City of Boston.
August 6, 1984
- 43d
Honorable Mayor and
Members of City Council
July 26, 1984
Page 4
The U.S. Attorney has stated that Mr. Slocum was a victim of
extortion.
5. Suit Between the Comonwealth of Massachusetts and CH
Maguire, Inc. re: Interstate 93
In the late 1960's, CE Maguire, Inc. designed a highway in
accordance with nationally accepted standards [American Society
of Highway & Transportation Officials (ASHTO) Bridge Design
Specifications].
In tbe early 1970's, problems with these standards developed
in several locations throughout the United States.
In 1972, prior to the opening of Interstate 93, cracks were
discovered which related back to the ASHTO standards.
Repairs were made prior to the opening of the highway in
1973.
In a December 1980 settlement with the Commonwealth of
Massachusetts, CE Maguire, Inc. and its insurance company paid
$125,000 and the H.W- Lochner Company (the general management
consultant) paid $25,000.
CE Maguire, Inc. utilized nationally accepted design
standards which were utilized throughout the United States in
interstate highway design. CE Maguire, Inc. was not found guilty
of any wrong-doing. They made an out of court settlement payment
to the Commonwealth of Massachusetts in order to enhance a good
client-engineer relationship and in order to insure that the
taxpayers in Massachusetts did not have to pay for any repairs.
CE Maguire, Inc. has continued to receive substantial design
work, (in excess of,$7,500,000 in fees since 1976) from the
Commonwealth of Massachusetts. The City of Boston and the
Massachusetts Port Authority have awarded work with fees in
excess of $1,000,000 to CE Maguire, Inc. since January 1, 1984.
6. Payments Made to CE Maguire, Inc. for the Lake Gaston Project
City Council was advised that the total commitment to CE
Maguire, Inc. would not exceed $280,000 including all work to be
performed by subcontractors.
The contract with CE Maguire, Inc. has been completed with
total payments of $279,565.42. Of this amount, $63,597.56 was
paid to subcontractors with no overbead to CE Maguire, Inc.
The scope of the original environmental report was expanded
August 6, 1984
- 43e -
Honorable Mayor and
Members of City Council
July 26, 1984
Page 5
when it was determined that an Archeological Phase I Survey was
necessary and that additional surveying data was necessary in
order to fix the route through Brunswick County. Additional
information was required for public hearings and various
regulatory agencies which was beyond the basic environmental
report. These efforts enabled Virginia Beach to obtain the
permits and contract with the U.S. Government in an expeditious
manner.
7. Adverse Affects of CE Maguire, Inc. on a Large Bond
Referendum
The successful passage of a bond referendum for the Lake
Gaston Project will involve the successful dissemination of
information between the staff, City Council and public interest
groups.
A concerted effort has been made in the past to disseminate
the best available data on this project and thereby insure
credibility witb the public.
In the past, CE Maguire, Inc. has performed their services to
Virginia Beach in an expeditious and professional manner which
resulted in the issuance of permits and a contract with the U.S.
Government for the Lake Gaston Project.
The next phase of engineering work will provide information
to the City Council and public which will clarify the
alternatives and the relationships of the Lake Gaston Project
with other communities.
With this information and a sound financing plan which will
be developed by the City's financial consultants, we should have
a situation which will result in cost savings to our citizens and
a successful bond referendum.
CE Maguire, Inc. has been totally committed to the Virginia
Beach project in the past and there is nothing to indicate that
this commitment will not be carried forward with future
engineering services.
S. I vould like to share some additional related information as
follows. I have previously provided City Council with
documentation on the following items:
a. A copy of the City's Architect and Engineering Services
Procurement Policy which was approved by City Council in
1/3/83.
August 6, 1984
- 43f -
Honorable Mayor and
Members of City Council
July 26, 1984
Page 6
b. The Request for Qualifications which notified all
interested engineering firms that the Lake Gaston Water
Supply Project was being considered by the Architect and
Engineer Selection Committee 2/24/84.
C. The chronological listing of all the activities of the
Architect and Engineer Selection Comittee from 2/24/84
5/16/84.
d. A summary of the selection criteria which was used by the
Architect and Engineer Selection Committee 6/6/84.
e. A report from the Architect and Engineer Selection
Committee Chairman for the Lake Gaston Project 6/7/84.
f. The weighting factors which were utilized by the
Architect and Engineer Selection Committee for the Lake
Gaston Project 6/11/84.
g. The selection matrix showing the points assigned to each
of the 5 final firms for the Lake Gaston Project 6/14/84.
h. A statement from the Law Department indicating that the
process was in compliance with the Virginia Public
Procurement Act.and appropriate 166al ordinances and
resolutions. 6/7/84.
In addition to the above information previously supplied to
City Council, several other related issues should be considered.
i. There is special project management expertise required
for the Lake Gaston Project due to the size of the pipe
involved, the hydraulics involved, project management
experience and a real concern for the public relations
aspects of the project. The Architect and Engineer Selection
Committee considered all of these special project
requirements in their deliberations.
J. A question has been raised (by a newspaper) about work
which CE Maguire, Inc. performed for the Nantucket Steamship
Authority in Massachusetts.. This agency is satisfied with
the work which has been provided by CE Maguire, Inc. and any
cost changes in the project have been solely due to tbe
Authority expanding the scope of work. There is no
indication of any concerns with the work which has been
performed by CE Maguire, Inc.
k. CE Maguire, Inc. does maintain a local Virginia Beach
office which is of substantial size and makes payments to
August 6, 1984
- 43g -
Honorable Mayor and
Members of City Council
July 26, 1984
Page 7
Virginia Beach for business licenses on all of the work that
is performed through the local office. The project manager
and the project engineer are residents of Virginia Beach as
are the majority of CE Maguire, Inc. employees who will be
involved with this project.
1. In previous discussions with members of Council, answers
were requested to 12 questions. A copy of those questions
and the corresponding answers are attached for your
information.
9. Conclusions and Recommendations
I have carefully reviewed the Architect and Engineer
selection process as it relates to this specific project. I
have been advised by the Law Department that the staff has
complied with the appropriate legal requirements and there is
no apparent reason why the contract should not be awarded to
CE Maguire, Inc.
The staff has negotiated a contract with CE Maguire, Inc.
which will provide for the orderly completion of this project
in an expeditious manner, consistent with previous direction
from City Council. The contract document has been carefully
reviewed by the Department of Public Utilities Engineering
Division and Water Resources Division, the Department of
Public Works Engineering Division, Finance Department and Law
Department. All agencies have authorized the execution of
this document and it is in the best interest of the City of
Virginia Beach. I have attached for your information a fact
sheet for the agreement for engineering services and I
recommend that this agreement should be executed.
Respectfully submitted,
August 6, 1984
- 43h -
FACT SHEET
AGREEMENT
FOR
ENGINEERING SERVICES
LAKE GASTON WATER SUPPLY PROJECT
Agreement Structure: The Agreement provides for two types of
services: Basic Services and Additional Services.
Basic Services (Section 1 and Attachment A) are those
services directly related to the design of the project and for
which a detailed scope of services and lump sum compensation can
be clearly identified and negotiated. The Basic Services have
been further sub-divided into four phases:
Phase I - Concept Engineering and Project Plan
Phase Il - Preliminary Design Engineering
Phase III - Final Design Engineering
Phase IV - Construction Administration and Post
Construction Services
A scope of services has been defined for all four phases,
however, compensation has been negotiated only for Phase I.
Compensation for Phases II and III will be negotiated at the end
of Phase 1. Compensation for Phase IV will be negotiated at the
end of Phase III. This will allow for more detailed scopes and
tighter fee negotiations for Phases II, III and IV. It also
provides the City with convenient termination points If legal or
institutional issues halt or seriously delay the project.
Additional Services (Section 2 and Attachment D) are those
services for which a clearly defined scope of services and lump
sum compensation can not be identified. Examples are technical
support for the legal process, archaeological studies, and
geotechnical investigations. For these services, compensation is
based on the salary cost of the employee hours charged to the
project times a multiplier to cover overhead and profit. Upset
1
August 6, 1984
- 43i -
or "not-to-exceed" limits have been established to include the
same time period as Phase I (eight months). As more information
is developed in Phase I, a number of these Additional Services
will be converted to Basic Services and lump sum fees negotiated.
Agreement Provisions:
Section 1 - Basic Services of the Engineer: De6cribes Basic
Services, limitations, and responsibilities of the Engineer.
Section 2 - Additional Services of the Engineer: Describes the
Additional Servi6es of the Engineer.
Section 3 - Responsibilities of the City: Describes the
responsibilities and services of the City.
Section 4 - Compensation to Engineer: Describes the amounts and
limits of compensation to the Engineer.- This section also
describes the method by which fees for Phases II, III, and IV
shall be negotiated and incorporated into the Agreement.
Section 5 - Manner of Payment: Describes the method of invoicing
and compensation. This section also provides for auditing the
Engineer and for monthly status reports.
Section 6 - Time Period for Services: Establishes a time limit
of eight months for Phase I.
Section 7 - Changes: Provides for written change orders.
Section 8 - Ownership of Documents: Plrovides for the City's
ownership of all work I)roduct and documents generated at its
expense.
Section 9 - Failure to Construct Said Improvements: Provides for
proration of the Engineer's fee if the project is terminated.
Section 10 - Access to Site: Requires the City to provide entry
for the Engineer on public and private property.
Section 11 - Approvals and Permits: Requires the City to furnish
the necessary approvals and permits.
Section 12 - Insurance: Requires the Engineer to maintain certain
limits of insurance. I
Section 13 - Personnel and Facilities: Requires the Engineer to
provide qualified personnel for services rendered and prohibits
any of the Engineer's employees from having employment or other
controctual relationships with the City.
2
August 6, 1984
- 43i -
Section 14 - Conflict of Interest: Requires that no City employee
have a personal or financial interest in the Agreement.
Section 15 - Findings Confidential: Requires that the Engineer
not release any information about the project to anyone other
than the City (or Engineer's subcontractors as 6ecessary).
Section 16 - Responsibility of the Engineer: Requires the
Engineer to correct deficient or neglegent performance and
provides for the Engineer to indemnify and save harmless the City
from all costs and claims arising from deficient or negligent
performance.
Section 17 - Non-Waiver of Rights: Allows the City, at its
discretion, to bypass certain requirements of the Engineer
without establishing a permanent waiver of any such requirements.
Section 18 - Construction Cost and Construction Cost Estimates:
Protects the Engineer from liability if construction costs exceed
estimates as a result of unpredietable fluctuations of intangible
factors beyond the control of the Engineer.
Section 19 - Successors and Assigns: Prevents the City or
Engineer from transferring or assigning rights or
responsibilities in accordance with the Agreement without the
consent of the other party.
Section 20 - Arbitration: Provides for the arbitration of all
disputes pursuant to the Agreement provided the subject of the
dispute has a value less than $100,000.
Section 21 - Termination: Provides for the City to terminate the
Agreement wben in the best interest of the City, and for the
Engineer to terminate the Agreement in the event of substantial
failure by th6 City to meet its responsibilities.
Section 22 - Controlling Law: Provides for the laws of the
Commonwealth of Virginia and of the City of Virginia Beach to
govern this Agreement.
Phase I Product: During Phase I, the Engineer will completely
define the project from the intake site to the final termination
point. This includes a detailed analysis of the route, the
pipeline diameter, options for phased construction, and whether
or not the line should be constructed into Virginia Beach and a
treatment plant built. The final report for Phase I will be a
detailed, comprehensive, and fully defensible document which the
City will us6 as the basis for project planning and financing,
informing the public prior to a voter referendum, and negotiating
agreements with Chesapeake, Franklin, Isle of Wight, and Norfolk.
3
August 6, 1984
- 43k -
Additional Services: During Phase I, estimated to require eight
months, a number of other services will also be performed. These
include the preparation of technical data for tbe ongoing legal
process, archaeological and geotechnical studies on the selected
route, and an aerial survey of the selected route.
Cost: The cost of services during Phase I is expected to be
$442,000 for the Basic Services and not more than $585,000 for
the Additional Services. The Basic Services fee is a lump sum
while the Additional Services fees are "not to exceed" limits.
The total obligation to the City at this point is a maximum of
$1,027,000. The estimated distribution of these funds is as
follows.
Description CE Maguire Malcolm Other Sub- TOTAL
Pirnie contractors
Basic Services
Phase I $2.92,600 $249,400 $ -0- $442,000
Additional
Services 37,500 37,500 410,000 585,000
TOTAL Services
Phase I 100 00 000 $1,027,000
4
August 6, 1984
- 431 -
Additional Questions
1. What were the specific instructions to the selection
committee regarding criteria for choosing a firm for the Lake
Gaston Project? (Our information indicated that the
selection committee was specifically instructed not to
consider what was in the best interest of the tax payers of
the City, but to select the firm with the most impressive
credentials.)
The committee was instructed to follow the Architect
Engineer Selection Policy which it believes is in the best
interest of Virginia Beach taxpayers.
2. Who established the criteria for the selection committee?
The City Council in conjunction with staff and
representatives of state and national professional Architect
and Engineering organizations.
a. Was a rating instrument (check list) made up before the
interview?
The criteria was provided in the Architect and Engineer
Selection Policy and the weighting was determined by
committee members prior to any interviews.
b. What were the rating factors and how was each factor
weighted?
Rating lactors are'iticl-uded in the policy and the rating
factors used have been provided to City Council.
c. Were these rating factors explained to the firms prior to
the interview?
Yes, each firm was informed of the City Architect & Engineer
Selection Policy.
3. What would it have taken for any other firm except Maguire to
have been selected for the Lake Gaston Project?
Another firm would have had to convince a majority of the
Architect and Engineer Selection Committee that, overall, it
was better suited to provide the necessary services. (Bee
number 4.)
4. What did Maguire present that was so overwhelming in their
favor?
Experience with similar projects, knowledge of the Lake
Gaston Project, knowledge of the Norfolk and Chesapeake water
systems, capable and experienced project inanagers, and a
August 6, 1984
- 43m -
nationally prominent subconsultant (Malcolm Pirnie, Inc.) who
specializes in water supply projects.
5. Had not the staff pretty much assured Maguire that they had
the job?
No.
a. $120,000 extension of contract to do final survey work.
No such extension was authorized by the City. CE Maguire,
Inc.'s contract was change ordered to do survey work related
to boundary surveys for property acquisition purposes only.
No work related to surveying or design of the pipeline,
preliminary or final, was ever awarded or authorized to CE
Maguire, Inc..
b. John Kemper's quote in the January issue of the Tidewater
Virginian MagAzine, "Maguire's current assignment
includes the $185 million Lake Gaston water project for
Virginia Beach."
Only applied to the environmental report.
c. Aubrey Watts' statement last October at a meeting with
the Virginia Beach consultants, "The City would be very
reluctant to get involved with another consultant on the
Gaston work."
If made, only applied to the environmental report and permit
application work which was already under way.
6. Are the rating forms or documents of the selection team
available for review?
Yes.
7. How much have you (the City) paid Maguire thus far?
CH Maguire, Inc.: $215,967.86; CE Maguire, Inc.
Subcontractors: $63,597.56.
8. How much more money have you obligated the City for services
that you have not paid or had approved?
None.
9. If the Maguire people are so good, show me the qualifications
of the people in respohsible charge. (It is our
underptanding ihat the Project Manager is a recently retired
Navy Engineer [Captain] with no large pipe line experience).
Resumes' of project managers have been provided to City
Council.
August 6, 1984
- 43n -
10. In reality, didn't you advertise the project only because you
were required by law?
No, we had made it clear to all interested consulting firms
for the past several years that a selection for this project
work would be forthcoming and that the selection would be
consistent with the City's Architect & Engineer Policy.
11. Why does A. Watts have a computer terminal furnished by CE
Maguire, Inc.?
Aubrey Watts does not nor has he ever had a computer or
terminal furnished by CE liaguire, Inc..
12. What is the connection with the study CE Maguire is making
for Chesapeake?
There is no apparent conflict in the studies being prepared
for Virginia Beach and Chesapeake.
August 6, 1984
- 44 -
Item II-J. 1
NEW BUSINESS ITEM # 22314
COMHERCIAL BUSINESS
RESIDENTIAL AREA
Eleanor Hanson Rock, resident of Cheltingham Place, in opposition to
a supposed Commercial Business in a residential neighborhood
Steve Bates, resident, also in opposition
Hal Maby, resident, also in opposition
Heinz Stadthagen, owner of an Electrolysis operation in a residential area
Eleanor Hanson Rock addressed City Council relative what appears to be the conduct
of a commercial business within a residence in her immediate neighborhood.
The City Manager advised that investigation had revealed the Stadthagens had
complied with the requirements of the COMPREHENSIVE ZONING ORDINANCE as of
the City's last investigation on May Twenty-fifth.
By CONSENSUS, the City Council directed the City Manager to further investigate
this operation and determine if accessory useage is in compliance with the
COMPREHENSIVE ZONING ORDINANCE.
August 6, 1984
- 45 -
Item II-J.2
NEW BUSINESS ITEM # 22315
CAPITAL PROJECT
STATUS REPORT
By CONSENSUS, City Council accepted, for the record, THE CAPITAL PROJECT
STATUS REPORT for the period ending June 30, 1984.
August 6, 1984
- 46 -
Item II-J.3
NEW BUSINESS ITEM # 22316
TOURIST-RELATED REVENUES
AND EXPENSES
By CONSENSUS, City Council DEFERRED the Analysis of TOURIST-RELATED REVENUES
AND EXPENSES for the Fiscal Year ended June 30, 1983, presented by Patricia
Phillips, Research Coordinator. This report is DEFERRED until the City
Council Meeting of August 13, 1984.
August 6, 1984
- 47 -
Item 11-J.4
NEW BUSINESS ITEM # 22317
CANCELLATION
CITY COUNCIL
MEETING
ADD ON
Upon motion by Councilman Robert Jones, seconded by Councilman Fentress,
City Council APPROVED the Council Meeting of September 3, 1984, shall be
CANCELLED (LABOR DAY).
Votin: 10-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech* Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R.
Jones, Robert C. Jones, Vice Mayor Reba S. McClanan, and Meyera
E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
J. Henry McCoy, Jr., D.D.S.
*Verbal Aye
August 6, 1984
- 48 -
Item II-J.5
NEW BUSINESS ITEM # 22318
VIRGINIA MUNICIPAL
LEAGUE
ADD ON
Councilman Robert Jones will attend the VIRGINIA MUNICTPAL LEGISLATIVE
COMMTTTEE MEETING on August 9, 1984 re Industrial Revenue Bonds.
August 6, 1984
- 49 -
Item II-J.6
NEW BUSINESS ITEM # 22319
INCREASED ADVERTISING
RATE SCHEDULE
ADD ON
By CONSENSUS, City Council DEFERRED until the City Council Meeting of August
13, 1984, discussion of INCREASED ADVERTISING RATE SCHEDULES. The City
Clerk had distributed to the Mayor and Members of City Council a Memorandum
concerning same.
August 6, 1984
- 50 -
Item II-K
ADJOURNMENT ITEM # 22320
Upon motion by Councilman Baum, seconded by Councilman Jennings, City Council
ADJOURNED the meeting at 8:32 p.m.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R.
Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, and Meyera
E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
J. Henry McCoy, Jr., D.D.S.
@ /l/@
Beverfg 0. Hooks
Deputy City Clerk
@th Hodges S h, CMC Mayor Harold Heischo
City Clerk
City of Virginia Beach
Virginia
/bh August 6, 1984