HomeMy WebLinkAboutJUNE 18, 1984 MINUTES
"WORLD'S LARGEST RESORT CITY"
CITY COUNCIL
MAYOR LOLIS R. ]ONES, B.y,id@ B@,@.gb
VICE-MAYOR BARBARA M. HENLEY, P.@g. B.,..Rb
JOH,li A. BAUM, Bi.ck..,@, B.,..Sb
,'4ANCY A. CREECH. A, L.,g@
HAROLD IlEfSCIIOBER, A, L.,g@
H. JACK JEVNINGS, JR., Ly@@h.@@. B.@.gh
ROBERT G. JONES, At L,,g.
W. Ii. KITClifN, lit, Vig,@,,, B@.cb
REBA S. @1,CLAVAN, A@@@ B@,..gb 212 CITY IIALL BUILDFNG
J. HEVRY @q,COY, JR., K@@p-,ll@ B.,..gb MIJ,NICIPAL CENTER
MEYERA E. OBERNOORF, A, L.,g, VIRGINIA BEACH, VIRGIVIA 2345(,
RUTH HODGES SMITH, CMC, Ci,y Cl.,k 1804) 427-4 30 3
CITY COUNCIL AGENDA
June 18, 1984
ITEM 1. INFO@ SESSION 12:30 p.m-
A. CALL TO ORDER Mayor Louis R. Jones
B. ROLL CALL OF COUNCIL
C. MOTION TO RECESS INTO INFORMAL/EXECUTIVE SESSION
D. DISCUSSION OF PERTINENT MATTERS
1. Matters for discussion by Mayor.
2. Matters for discussion by Council.
E. CITY MANAGER'S ADMINISTRATIVE ITEMS
1. Cleveland Street/Dorset Avenue Intersection Road
Improvements: Presentation by Department of Public Works.
2. Soil Erosion and Sedimentation Control Ordinance:
@resentation by Department of Public Works.
3. Review of Consent Agenda
ITEM II. FORMAL SESSION: 2:00 p.m-
A. INVOCATION: Reverend David B. Lewis
First United Methodist Church
B. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
C. ELECTRONIC ROLL CALL OF COUNCIL
D. 14INUTES OF PREVIOUS MEETING
1. Motion to accept/approve the Minutes of June 11, 1984.
E. PRESENTATION
1. Resolution in Recognition - Cynthia Wright--Kempsville High
School
F. PROCLAMATION
1. Black Heritage Awareness Day - June 30, 1984
G. ORDINANCES
1. Ordinance to amend and reordain Section 35-6 of the Code of
the City of Virginia Beach relating to penalty and interest
when personal property taxes not paid on time by amending
Subsection (c) and adding thereto a new Subsection (d)
pertaining to the waiver of penalty and interest.
2. Ordinance to amend and reordain Section 35-37 of the Code of
the City of Virginia Beach relating to penalty and interest
when installment not paid on time by amending Subsection (c)
and adding thereto a new Subsection (d) pertaining to the
waiver of penalty and interest (real estate).
H. CONSENT AGENDA
All matters listed under the Consent Agenda are considered in
the ordiaary course of business by City Council and will be
enacted by one motion in the form listed. There will be no
separate discussion of these items. If discussion is desired,
that item will be removed from the Consent Agenda and considered
separately.
1. Resolution in Recognition to Cynthia Wright, Kempsville High
School.
2. Ordinance to amend and reordain Chapter 18 of the Code of
the City of Virginia Beach, Virginia, by adding Section 18-
55.1 pertaining to insurance requirements for tow truck
services.
3. ordinance to amend and reordain Sections 21-423, 21-424,
21-425, 21-426, 21-428 and 21-429 of the Code of the City of
Virginia Beach, Virginia pertaining to towing;
AND,
an Ordinance to amend and reordain Section 21-419 of the
Code of the City of Virginia Beach, Virginia, pertaining to
definitions for tow truck services.
ITEM II. H. CONSENT AGENDA (Cont'd)
4. Ordinance to transfer 1977 and 1980 Water and Sever
Referendum Bond Funds between projects within the respective
Referendum issue.
5. Oidinance to transfer funds of $15,000 from the General Fund
Reserve for Contingencies to the City Clerk's budget for
expenditures over budget.
6. Ordinance appointing viewers in the petition of William R.
Holz and Helen H. Holz for the closure of a portion of Ego
Drive (Lynnbaven Borough).
7. Ordinance to provide funds for local cooperation with the
U.S. Army Corps of Engineers in the provision of retaining
dikes for maintenance dredging of Lynnhaven Inlet and Long
Creek Projects.
8. Ordinance authorizing certain events conducted on City
property exempt from the prohibition from working or
transacting business on Sunday.
9. Request of the City Treasurer to charge-off uncollectable
checks in the amount of $371.09.
10. Request of the Commissioner of the Revenue for license
refunds in the amount of $9,263.26.
I. PLANNING
1. Application of DEB, Inc., DBA/Empress Motel for a
conditional use permit for a bicycle rental stand on a
.517-acre parcel 1 ca@ted at the southeast corner of Atlantic
Avenue and 28th Street (Virginia Beach Borough).
a. Letter from the City Manager transmits the
recommendation of the Planning commission
for approval.
2. Application of A. T. Williams oil Company for a conditional
use permit for a gasoline station and car wash on a 37,462-
square foot parcel located on the east side of Princess Anne
Road, north of Windosr Oaks Boulevard (Kempsville Borough).
a. Letter from the City Manager transmits the
recommendation of the Planning Commission
for approval.
3. Application of Thomas B., Roberta J., and Thomas W. Adams
for a conditional use permit for the sale of pool supplies
on a 16,771-square foot parcel located between Old
Providence Road and New Providence Road, east of Beryl
Avenue (Kempsville Borough).
a. Letter from the City Manager transmits the
recommendation of the Planning Commission
for denial.
4. Application of Landstown Meadows Associates for a change of
zoning from P-1 Preservation District to R-8 Residential
District on two parcels totaling four acres located west of
Holland Road, south of Landstown Road (Princess Anne
Borough).
a. Letter from the City Manager transmits the
recommendation of the Planning Commission
for approval.
ITEM II 1. PLANNING (Cont'd)
5. Applications of R. G. Moore Building Corporation for changes
of zoning on three undeveloped sites located south of Bonney
Road, east of Witchduck Road (Kempsville Borough):
From R-8 Residential District to A-1 Apartment District on a
6.7-acre parcel;
From R-8 Residential District to A-1 Apartment District on a
5.7-acre parcel;
AND,
From R-8 Residential District to A-1 Apartment District on a
4.9-acre parcel.
a. Letter from the City Manager transmits the
recommendation of the Planning Commission
for approval.
6. Application of Salem Meadows Associates for changes of
zoning on a parcel located along the south side of
Recreation Drive, west of Salem Road (Kempsville Borough):
From R-5 Residential District to R-8 Residential District on
a 77.7-acre parcel;
AND,
From R-8 Residential District to PD-H 2 Planned Unit
Development District on the same parcel.
(These applications were deferred for 120 days on February
13, 1984.)
a. Letter from the City Manager transmits the
recommendation of the Planning Commission
for denial.
The applicant's attorney requests further
deferral until July 9, 1984.
7. Application of Harry Sandler for a change of zoning_ from R-7
Residential District to A-1 Apartment District on a 17,5 O@-
square foot parcel located at the northwest intersection of
Parks Avenue and 13th Street (Virginia Beach Borough).
(This application was deferred for one week on June 11,
1984.)
a. Letter from the City Manager transmits the
recommendation of the Planning Commission
for denial.
8. Application of Carnell Smith, Mrs. Smith, and Dixon and Van,
Inc. for a change of zoning from R-8 Residential District to
0-1 Office District on a 33,904-square foot parcel located
at the southeast corner of the intersection of Ferry Point
Road and Indian River Road (Kempsville Borough).
a. Letter from the City Manager transmits the
reconmendation of the Planning Commission
for denial.
J. APPOINTMENTS
1. Arts and Humanities Commission
2. Eastern Virginia Health Systems Agency
3. Eastern Virginia Medical Authority
4. Housing Board of Appeals
5. Social Services Board
6. Southeastern Tidewater Opportunity Project
7. Southeastern Virginia Planning District Commission
8. Volunteer Council
K. UNFINISHED BUSINESS
1. Certificate of of Public Convenience and Necessity -
Herbert Dise, Operator of Diamond/Yellow Cab Companies
(This matter was deferred for two weeks on June 4, 1984.)
L. NEW BUSINESS
M. ADJOURNMENT
1. Motion to adjourn.
SPECIAL SESSIONS OF CITY COUNCIL
JULY 2, 1984
12:30 P.M. SPECIAL SESSION FOR COUNCIL
RFORGANIZATION (ELECTION OF
MAYOR/VICE MAYOR)
2:00 P.M. REGULAR FORMAL SESSION
JULY 9, 1984
11:00 A.M- INFORMAL SESSION
12:30 P.M. FORMAL SESSION
(12-.30 Session is the earlier time, set for the Formal
Session usually held at 2:00 p.m- for business matters of
the City's Governing Body)
JULY 16, 1984 COUNCIL RECESS
JULY 23, 1984 COUNCIL RECESS
JULY 30, 1984 FIFTH MONDAY
M I N U T E S
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
June 18, 1984
The Regular Meeting of the Council of the City of Virginia Beach, Virginia,
was called to order by Mayor Louis R. Jones in the Conference Room, City
Hall Building, on Monday, June 18, 1984, at 12:30 in the afternoon.
Council Members Present:
John A. Baum, Harold Heischober, Vice Mayor Barbara M. Henley,
H. Jack Jennings, Jr., Mayor Louis R. Jones, W. H. Kitchin, III,
Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E.
Oberndorf
Council Members Absent:
Nancy A. Creecht and Robert G. JonesSS
Note: Councilwoman Creech was attending a Conference with the Governor,
as a Member of the Joint House/Senate Committee for Roads and
Subdivision Review. She also had scheduled meetings with Secretary
of Commerce, Dr. Betty Diener, and Senator John Warner.
Councilman Jones entered the Informal Session at 12:35 p.m.
June 18, 1984
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ITEM # 22057
Mayor Jones entertained a motion to permit Council to conduct its INFORMAL
SESSION to be followed by an EXECUTIVE SESSION pursuant to Section 2.1-344,
Code of Virginia, as amended, for the following purposes.
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 con-
dition, 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 other legal matters within the juris-
diction of the public body.
Upon motion by Councilman Baum, seconded by Councilman McCoy, City Council voted
to proceed into the EXECUTIVE SESSION following the INFORMAL SESSION.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Harold Heischober, Vice Mayor Barbara M. Henley,
H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones,
W. H. Kitchin, III, Reba S. McClanan, J. Henry McCoy, Jr., D.D.S.,
and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Nancy A. Creech
June 18, 1984
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M A T T E R S B Y C 0 U N C I L
ARTS ALLIANCE ITEM # 22058
Councilman Jones advised City Council of an article appearing in THE BEACON
on June 17, 1984, concerning the ARTS ALLIANCE, and a cultural resource di-
rectory, which does not contain important aspects of the Virginia Beach
cultural environment. Councilman Jones further referenced an insert appearing
in HORIZON MAGAZINE relative the arts in Hampton Roads and an article in
the back entitled, U.S. ART STRATEGIES FOR THE 1980's -- THE ARTS OF
REGIONALISM. Councilman Jones believed Virginia Beach was slighted in
this publication. The City Manager will review the situation.
VML ANTI-TRUST
LEGISLATION COMMITTEE ITEM # 22059
Councilman Jones further advised the VIRGINIA MUNICLPAL LEAGUE had requested
he serve on a Committee to meet with Attorney General Baliles on Wednesday,
June 20, 1984, concerning anti-trust legislation as it pertains to munici-
palities. The Attorney General is Chairman of a Subcommittee for the
National Congress of Cities reguarding municipalitiy anti-trust exemptions.
The position of the VML is that they would prefer the municipalities have
the same exemptions in this regard as the State.
M A T T E R S B Y C T T Y M A N A G E R
CLEVELAND STREET/DORSET
AVENUE INTERSECTION ROAD
IMPROVEMENTS ITEM # 22060
John Herzke, Traffic Engineer, discussed the five (5) Design Alternatives in
connection with the Cleveland Street/Dorset Avenue Intersection Road Im-
provements:
1. Leave Intersection, as is, with STOP controls
2. Leave Intersection in present configuration and simply
signalize it in the middle, and remove the STOP controls
presently there (each of the streets would then operate
separately)
3. Cul-de-sac the southern 'half of Dorset Avenue
4. Consider one-way system for Dorset Avenue - Dorset Avenue
being one-way from the intersection (Opal Avenue would have
to be the opposing one-way)
5. Cul-de-sacing the southern 'half of Dorset Avenue, closing
off and reclocating the traffic on Euclid to Brian Avenue
The Staff recommends Alternative No. 5 as this provides the best geometrics
of the intersection, as well the best level of services for handling the
traffic, and is in consort with the widening of Virginia Beach Boulevard.
Councilman McCoy requested Option No. 4 be tried on an experimental basis.
A portion of Dorset Avenue would be one-way and a barricade would be
utilized 'half way across.
June 18, 1984
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M A T T E R S B Y C I T Y M A N A G E R
(Continued)
SOIL EROSION AND
SEDIIIENTATION CONTROL
ORDINANCE ITEM # 22061
Director of Public Works, C. Oral Lambert, Jr., discussed the SOIL EROSION
AND SEDIMENTATION CONTROL ORDINANCE. Virginia State Code mandates an
Erosion and Sedimentation Control Plan to be implemented throughout the
State. Section 21-89.5 provides for a local control program. Under that
provision of the State Statutes, City Council adopted Chapter 30, Article
3 of the City Code entitled- "Erosion and Sediment Control and Tree Pro-
tection".
The intent of the Erosion and Sedimentation Control Ordinance is to conserve
and protect these recognized resources. The Ordinance calls for a plan to
be developed and followed on all land distrubing activity with certain
exclusions:
(1) Minor activity in individual homes; i.e., gardening or
landscaping.
(2) Individual service connections
(3) Electric and telephone utility installation and maintenance
(4) Public utilities in existing streets
(5) Septic tank systems
(6) Mining or Drilling for oil or gas
(7) Agricultural or horticultural activities
(8) Railroad construction and maintenance
(9) Single family residences unless part of a multiple subdivision
or if it is in a FLOOD PLAIN
(10) Disturbed areas less than 10,000 squre feet, except when
in a FLOOD PLAIN
(11) Installation of posts or poles, i.e., fence posts or utility
poles
(12) Emergency shore activities purview of Marine Resources Commission
(13) Work involving the protection of life, limb or property
The E & S Ordinance further calls for a Conservation Management Plan to be
submitted for review and approval by the City Engineer prior to the commencement
of any work. This Plan must reflect the standards which are made a part of
this Ordinance by reference as described in the Manual entitled: "Virginia
Erosion and Sediment Control Handbook, second edition 1980". A performance
Bond must also be posted with any permit to insure compliance with the plan.
The City Engineer is to provide for periodic inspection to insure com-
pliance with the plan. If non-compliance is detected, there are two pro-
cedures which are followed:
(1) Informal review of the non-compliance with the land owner or
developer
(2) Notification is to be given through CERTIFIED or REGISTERED
mail with specific measures that must be taken to bring
the site into compliance and the length of time involved.
ENFORCEMENT is the greatest problem of the Ordinance.
The Staff advised there are measures they will take to make the management
of this Plan more effective.
In response to Mayor Jones' inquiry, the Staff will investigate the sedimentation
problem in the Witchduck area involving the canal at the end of Richardson Road.
June 18, 1984
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MAT T E R S BY C IT Y MANA GE R
(Continued)
ADMINISTRATIVE PUBLIC
HEARING IT24 # 22062
The City Manager advised that an Administrative Public Hearing will be held
regarding the proposed use of Revenue Sharing Funds in City Council Chambers
on June 22, 1984, at 11:30 p.m.
$38,150,000
GENERAL OBLIGATION BONDS ITEM # 22063
The City Manager advised that SEALED BIDS for the purchase of all of the
City's $38,150,000 GENERAL OBLIGATION BONDS will be received for the
Council of the City of Virginia Beach until 11:00 a.m. on June 27, 1984.
The City Council will be in session at 12:00 Noon on June 27, 1984, for
the purpose of taking prompt action on the sale.
CITY CODE
AMENDMENTS ITEM # 22064
The City Manager requested that the two Ordinances to amend and reordain
Section 35-6 of the Code of the City of Virginia Beach relating to penalty
and interest on personal property taxes, and Section 35-37 of the Code of
the City of Virginia Beach relating to penalty and interest on real estate
taxes (See Item II-G.1 & 2 of the Formal Agenda) be DEFERRED for two weeks
until the City Council Meeting of July 2, 1984. DEFERRAL is requested in
order that the Commissioner of Revenue, the Director of Finance, and the City
Attorney may further revise these ordinances.
CAPITAL TMPROVEMENT
PROGRAM
ADD-ON ITEM # 22065
Councilman Baum referenced drainage problems in the rural areas and the
widening of rural roads which should be included in the CAPITAL IMPROVEMENT
PROGRAM. The Staff will review and prepare a report accordingly.
LYNNHAVEN INLET
AND LONG CREEK PROJECTS ITEM # 22066
Councilman Jennings referenced the Ordinance to transfer $90,000 and to
provide these funds for local cooperation with the U.S. Army Corps of Engineers
in the provision of retaining dikes for maintenance dredging of the Lynnhaven
Inlet and Long Creek Projects (See Item II-H.7 of the Formal Agenda). It was
the Staff's recommendation to have the Corps of Engineers perform the con-
struction of a dike around that spoil site at Lesner Bridge. This transfer
of funds will not IMPACT on the Eastern Branch Dredging Project.
June 18, 1984
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M A T T E R S B Y C I T Y M A N A G E R
(Continued)
CITY CLERK'S
BUDGET ITEM # 22067
Councilwoman Oberndorf and Vice Mayor Henley referenced Ordinance to transfer
funds of $15,000 from the General Fund Reserve for Contingencies to the
City Clerk's Budget for Expenditures over budget (See Item II-H.5 of the
Formal Agenda). The City Manager noted that the purchase of the Word Processor
was a supplemental appropriation to begin with and the maintenance agreement
was only for ninety days. The City Manager further advised through April
30, 1984 the Advertising Account was approximately $3,300 and the Technical
Overtime was $957.48 and Clerical Overtime was $269.01. At the end of
the FY 1983-84 YEAR, it is anticipated the Budget of the City Clerk will
experience expenditures above the approved budget by approximately $15,000.
RECESS INTO
EXECUTIVE SESSION ITE4 # 22068
City Council recessed into EXECUTIVE SESSION at 1:30 p.m.
June 18, 1984
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F 0 R M A L S E S S I 0 N
VIRGINIA BEACR CITY COUNCIL
June 18, 1984
2:00 p.m.
Council Members Present:
John A. Baum, Harold Heischober, Vice Mayor Barbara M. Henley,
H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones,
W. H. Kitchin, III, Reba S. McClanan, J. Henry McCoy, Jr., D.D.S.,
and Meyera E. Oberndorf
Council Members Absent:
Nancy A. Creech
INVOCATION: Reverend David B. Lewis
Pastor
First United Methodist Church
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
June 18, 1984
8
Item II-D.1
MINUTES ITEM 22069
Upon motion by Councilman Baum, seconded by Councilwoman Oberndorf, City
Council APPROVED the Minutes of June 11, 1984.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Harold Heischober, Vice Mayor Barbara M. Henley,
H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones,
W. H. Kitchin, III, Reba S. McClanan, J. Henry McCoy, Jr.,D.D.S.,
and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Nancy A. Creech
June 18, 1984
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Item II-E. 1
PRESENTATION ITEM # 22070
Mayor Jones presented a RESOLUTION TN RECOGNITION for her educational
achievement to:
Cynthia Wright Kempsville High School
Cynthia Wright's mother was also in attendance to receive this RESOLUTION
IN RECOGNITION.
June 18, 1984
- 10 -
Item II-F.1
PROCLAMATION ITEM # 22071
Mayor Jones PROCLAIMED Saturday, June 30, 1984, as
BLACK HERITAGE AWARENESS DAY
This Proclamation recognized the contribution by BLACKS to the enrichment
of life in Virginia Beach.
Alice Green, Member of the Citizen Advisory Committee, accepted the
PROCLAMATION.
June 18, 1984
rat
WHEREAS, Stack-6 make up the taAge,6t peacentage oi the ethnic popu-
tation in ViAginia Beach; and
WffREAS, Bta&z have cont4ibuted 9-teatty to the en4ichment o6 tije
in what wa,6 P4inct" Anne County; and Btack-6 alte vatued citizena oA
Vi.tginia Beach; and
WtffREAS, the Citizen Advi4o4y Comittee wa,6 "eated by the City
Councit o6 ViAginia Beach to 4e,6to4e and pite,6e4ve Stack e-uttuae, iden-
tity and p4ope4tie,6. I
NOW, TtffREFORE, 1, LouiA R. Jone,6, Mayo4 o6 the City o6 ViiLginia
Beach, do he4eby p4octaim Satu4day, June 30, 1984 a,6
BLACK HERITAGE AWARENESS DAV
in ViAginia Beach and akge att citizen.6 to take p4ope4 note oA thi4
obhe4vance and ita 6igniSicance to the Btack 4e4ident6 in ouA community.
loui-6 R. J,6)(e,6
MaYO4/
June 18, 1984
Item II-G.1
ORDINANCES ITEM 22072
Upon motion by Councilman Heischober, seconded by Councilwoman Oberndorf,
City Council DEFERRED for two weeks until the City Council Meeting of
July 2, 1984, the following:
Ordinance to amend and reordain Section 35-6 of the
Code of the City of Virginia Beach relating to penalty
and interest when PERSONAL PROPERTY TAXES are not paid
on time by amending Subsection (c) and ADDING thereto
a new Subsection (d) pertaining to the waiver of penalty
and interest.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Harold Heischober, Vice Mayor Barbara M. Henley,
H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones,
W. H. Kitchin, Ill, Reba S. McClanan, J. Henry McCoy, Jr.,D.D.S.,
and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Nancy A. Creech
June 18, 1984
- lla
AN ORDINANCE TO AMEND AND REORDAIN SECTION
35-6 OF THE CODE OF THE CITY OF VIRGINIA
BEACH RELATING TO PENALTY AND INTEREST WHEN
PERSONAL PROPERTY TAXES NOT PAID ON TIME BY
AMENDING SUBSECTION (C) AND ADDING THERETO A
NEW SUBSECTION (D) PERTAINING TO THE WAIVER
OF PENALTY AND INTEREST
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINI A
BEACH, VIRGINIA:
That Section 35-6 of the Code of the City of Virginia
Beach, Virginia, is hereby amended and reordained as follows:
Section 35-6. Penalty and interest when personal property
taxes not paid on time.
(a) In the event any taxes on personal property are
not paid on or before the time the same are due and payable as
set forth in section 35-5, there shall be added thereto a penalty
of ten (10) percent of the amount of such unpaid taxes or the sum
of ten dollars ($10.00), whichever shall be greater, and such
taxes and penalty shall bear interest commencing on the first day
following the day such taxes were due, at the rate of nine and
six-tenths (9.6) per annum during the first year such taxes
are delinquent, and thereafter at the rate of ten and
eight-tenths (10.8) percent per annum.
(b) The assessment of a penalty under this section
shall not be deemed a defense to a criminal prosecution for
failing to make such return of taxable property as may be
required by law.
(C) No amendment to this section shall reduce the
amount of penalty and interest which has been assessed or was
assessable on delinquent taxes prior to the date of such
amendmentv , provided however, that this subsection shall not
limit the authority of the COmmissioner of revenue to waive such
penalty and interest in accordance with subsection (d) hereof.
(d) The commissioner of revenue is hereby authorized
and empowered to waive the penalty and interest imposed by this
section provided he first makes the determination that the
June 18, 1984
- llb -
failure to pay the tax when due was not in any way the fault of
the taxpayer.
This ordinance shall be effective from the date of its
adoption.
Adopted by the Council of the City of Virginia Beach,
Virginia on the day of 1984.
AUTHORITY: S58-847 Code of Virginia
GLF/Sm
6/13/84
(G)
June 18, 1984
-2-
- 12 -
Item II-G.2
ORDINANCES ITEM # 22073
Upon motion by Councilman Heischober, seconded by Councilwoman Oberndorf,
City Council DEFERRED for two weeks until the City Council Meeting of
July 2, 1984, the following:
Ordinance to amend and reordain Section 35-37 of the
Code of the City of Virginia Beach relating to penalty
and interest when installments are not paid on time
by amending Subsection (c) and ADDING thereto a new
Subsection (d) pertaining to the waiver of penalty
and interest (REAL ESTATE TAXES).
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Harold Heischober, Vice Mayor Barbara M. Henley,
H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones,
W. H. Kitchin, III, Reba S. McClanan, J. Henry McCoy, Jr.,D.D.S.,
and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Nancy A. Creech
June 18, 1984
12a
AN ORDINANCE TO AMEND AND REORDAIN SECTION
35-37 OF THE CODE OF THE CITY OF VIRGINIA
BEACH RELATING TO PENALTY AND INTEREST WHEN
INSTALLMENT NOT PAID ON TIME BY AMENDING
SUBSECTION (C) AND ADDING THERETO A NEW
SUBSECTION (D) PERTAINING TO THE WAIVER OF
PENALTY AND INTEREST
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That Section 35-37 oE the Code of the City of Virginia
Beach, Virginia, is hereby amended and reordained as follows:
Section 35-37. Penalty and interest when installment not paid
on time.
(a) In the event any installment of taxes on real
estate is not paid on or before the time the same is due and
payable as set forth in section 35-36, there shall be added
thereto a penalty of ten (10) percent of the amount of such
unpaid installment or the sum of ten dollars ($10.00), whichever
shall be greater, and such installment and penalty shall bear
interest commencing on the first day following the day such taxes
were due, at the rate of nine and six-tenths (9.6) percent per
annum during the first year such taxes are delinquent, and
thereafter at the rate of ten and eight-tenths (10.8) percent per
annum.
(b) The assessment of a penalty under this section
shall not be deemed a defense to any criminal prosecution for
failing to make duch return of taxable property as may be
required by law.
(c) No amendment to this section shall reduce the
amount of penalty and interest which has been assessed or was
assessable on delinquent taxes prior to the date of such
amendmentT , provided, however, that this subsection shall not
limit the authority of the commissioner of revenue to waive such
penalty and interest in accordance with subsection (d) hereof.
(d) The commissioner of revenue is hereby authorized
and empowered to waive the penalty and interest imposed by this
June 18, 1984
12b
section provided he first makes the determination that the
failure to pay the tax when due was not in any way the fault of
the taxpayer.
This ordinance shall be effective from the date of its
adoption.
Adopted by the Council of the City of Virginia Beach,
Virginia on the - day of 1984.
AUTHORITY: S58-847 Code of Virginia
GLF/sm
6/13/84
(G)
June 18, 1984
-2-
- 13 -
Item II-H
CONSENT AGENDA TTEM # 22074
Upon motion by Vice Mayor Henley, seconded by Councilman McCoy, City
Council APPROVED, in ONE MOTTON, Items 1, 2, 3, 4, 5, 6, 7, 8, 9, and
10 of the CONSENT AGENDA.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Harold Heischober, Vice Mayor Barbara M. Henley,
H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones,
W. H. Kitchin, Ill, Reba S. McClanan, J. Henry McCoy, Jr.,D.D.S.,
and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Nancy A. Creech
June 18, 1984
- 14 -
Item II-H.1
CONSENT AGENDA ITEM # 22075
Upon motion by Vice Mayor Henley, seconded by Councilman McCOY, CitY
C.uncil ADOPTED a RESOLUTION IN RECOGNIT10N to:
Cynthia Wright Kempsville High School
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Harold Heischober, Vice Mayor Barbara M. Henley,
H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert C. Jones,
W. H. Kitchin, III, Reba S. McClanan, J. Henry McCoy, Jr.,D.D.S.,
and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Nancy A. Creech
June 18, 1984
- 14a -
RESOLUTION IN RECOGNITION
TO
CYNTHIA WRIGHT
WHEREAS: Education is the basis upon which individuals shape their
lives and perhaps the most valuable of all education is the ability to make
oneself do the thing one must when it ought to be done regardless of time or
reason. The beat and most important part of education is that which one gives
oneself. As we acquire more knowledge, things do not become more comprehensible
but more mysterious;
WHEREAS: Virginia Beach ranks with the nation's best and above most
educational systems. 42.04% of the City's operating budget is allocated to
insure its citizens their youth will be prepared to meet tomorrow's challenges.
The highest function of teaching is in stimulating the pupil into the pursuit of
knowledge, belief in the present and its opportunities, in the future and its
promises as well as in the divine joy of living; and,
WHEREAS: Cynthia Wright, Kempoville High School and in the tenth
decile of her graduating class with a scholastic average of 3.8750, has placed
among the Finalists for the National Merit Scholarship. Cynthia was a student in
the Governor's School for the Gifted and attained the highest score in English on
the Junior Engineering Technological Society (JETS National English Award) in the
nation. She has been awarded a scholarship at Trinity University. She
participated in the Forensics and Spanish Clubs and was a member of the Dr-ma
Club for three years.
NOW, THEREFORE, BE IT RESOLVED: The Virginia Beach City Council pauses
in its deliberations to recognize the outstanding educational achievements of
CYNTHIA WRIGHT, KEMPSVILLE HIGH SCHOOL
and to congratulate Cynthia who will in the very near future represent Virginia
Beach at a selected university or college throughout the nation as an Ambassador
of the City and one of our most outstanding citizens.
BE IT FURTHER RESOLVED: That this Resolution be 'framed for
presentation and the Clerk of Council directed to spread a copy upon the Minutes
of this Formal Session of the Virginia Beach City Council this Eleventh day of
June, Nineteen Hundred Eighty-Four.
Given under my hand and seal,
Mayor
June 18, 1984
- 15 -
Item II-H.2
CONSENT AGENDA ITEM # 22076
Upon motion by Vice Mayor Henley, seconded by Councilman McCoy, City
Council ADOPTED an Ordinance to amend and reordain Chapter 18 of the
Code of the City of Virginia Beach, Virginia, by adding Section 55.1
pertaining to INSURANCE REQUTREMENTS for TOW TRUCK SERVICES.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Harold Heischober, Vice Mayor Barbara M. Henley,
H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones,
W. H. Kitchin, III, Reba S. McClanan, J. Henry McCoy, Jr.,D.D.S.,
and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Nancy A. Creech
June 18, 1984
- 15a -
AN ORDINANCE TO AMEND AND REORDAIN CHAPTER 18 OF
THE CODE OF THE CITY OF VIRGINIA BEACH, VIRGINIA,
BY ADDING SECTION 18-55.1 PERTAINING TO INSURANCE
REQUIREMENTS FOR TOW TRUCK SERVICES
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That Chapter 18 of the Code of the City of Virginia
Beach, Virginia, is hereby amended and reordained by adding
Section 18-55.1 pertaining to insurance requirements for tow truck
services and reads as follows:
Section 18-55.1. Insurance requirements for tow truck services.
Every tow truck service, as defined in section 21-419, shall
provide proof of insurance coverage, (a) upon application for a
business license or, (b) upon renewal of its current business license
or within sixty (60) days of the date of the adoption of this
ordinance, whichever occurs first, as a condition precedent to b@
issued a new business license, to having its current business license
renewed, or to being permitted to continue operating beyond sixty (60)
days from the date of the adoption of this ordinance. The required
insurance coverage shall be of types and amounts indicated below and
shall be approved by the city manager or his duly authorized agent:
(1) Garage liability insurance/auto liabil@
insurance - minimum of five hundred thousand dollars
($500,000.00) combined single limits.
(2) Cargo insurance - minimum of ten thousand dollars
($10,000.00).
(3) Garagekeeper's legal liability insurance minimum
of ten thousand dollars ($10,000.00) per vehicle storage space.
Such insurance shall be in full force and effect at all
times, and the city manager shall be given at least thirty (30) days
notice of any cancellation or material modification of coverage.
Failure of a tow truck service to carry the required insurance shall
result in revocation of its business license.
Adopted this 18 day of June 1984, by the
Council of the City of Virginia Beach, Virginia.
REFERENCE: Section 15.1-906, Code Of Virginia, 1950, as amended
RMB/da
NYSS984, 4/5/84, 4/11/84, 5/8/84, 5/16/84 June 18, 1984
- 16 -
Item 11-H.3
CONSENT AGENDA ITEM # 22077
Upon motion by Vice Mayor Henley, seconded by Councilman McCoy, City
Council ADOPTED the following Ordinances:
Ordinance to amend and reordain Sections 21-423, 21-424,
21-425, 21-426, 21-428 and 21-429 of the Code of the City
of Virginia Beach, Virginia pertaining to TOWING;
AND,
Ordinance to amend and reordain Section 21-419 of the
Code of the City of Virginia Beach, Virginia, pertaining to
DEFINTTIONS for TOW TRUCK SERVTCES.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Harold Heischober, Vice Mayor Barbara M. Henley,
H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones,
W. H. Kitchin, III, Reba S. McClanan, J. Henry McCoy, Jr.,D.D.S.,
and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Nancy A. Creech
June 18, 1984
- 16a -
Requested by: Police Department, Economic Development (Tourist
Development), Permits & Inspections (Consumer
Protection)
AN ORDINANCE TO AMEND AND REORDAIN
SECTIONS 21-423, 21-424, 21-425,
21-426, 21-428, AND 21-429 OF THE
CODE OF THE CITY OF VIRGINIA BEACH,
VIRGINIA, PERTAINING TO TOWING
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That Sections 21-423, 21-424, 21-425, 21-426, 21-428,
and 21-429 of the Code of the City of Virginia Beach, Virginia,
is hereby amended and reordained as follows:
Section 21-423. Identification of tow trucks.
All tow trucks operated by a tow truck service shall
display the name, address and telephone number of the aperater
owner thereof on both sides of the tow truck on permanently mounted
signs or painted directly on the body of the truck in reflectorized
letters large enough to be readily legible, but in no case less
than one two inch inches in height.
Section 21-424. Release of vehicle to owner or custodian prior
to towing.
If the owner or custodian of any vehicle not authorized
to be parked in a private lot returns after a tow truck service
has arrived but before the vehicle has been towed from the
private lot, he may reclaim the vehicle whether or not it is
fully hooked up to the tow truck
requlredr and it shall be unlawful for the tow truck service or
operator to refuse to release the vehicle-
pa-idr
Section 21-425. Police to be notified of removal of vehicle.
Prior to the removal of any
vehicle by a two tow truck service operator, the police
dispatcher shall be notified of such removal and shall be given
the license number and state of issuance of the license and, if
known, the vehicle identification number and the make, model, and
model year of the vehicle to be towed.
June 18, 1984
- 16b -
Section 21-426. Charges for towing and storage of vehicle.
(a) No tow truck service or operator shall charge a
basic fee of more than thirty dollars ($30.00) for towing between
the hours of 7:00 a.m. and 7:00 p.m. or forty dollars ($40.00)
for towing between the hours of 7:00 p.m. and 7:00 a.m.; provided
that, an additional fee, for the use of aeeessery-equipment-or
serv4ee7 a dolly, not to exceed ten dollars ($10.00) may be
charged, where the use thereof is necessary to move the vehicle
or prepare it for movement. This subsection shall apply only
when a vehicle is moved or towed without the prior consent and
agreement of the owner or custodian of the vehicle.
(b) No tow truck service or operator shall charge more
than four dollars ($4.00) per twenty-four-hour period for storage
charges, after not including an initial period of twenty-four
(24) hours, for a vehicle removed from private property without
the consent of the owner or custodian of the vehicle.
(c) No tow truck service or operator shall charge any
fee for mileage, in addition to the basic towing fee set forth in
subsection (a) above, when the vehicle is being taken without the
consent of the owner or custodian of the vehicle.
(d) A monetary receipt for each and every tow must be
given to those persons whose vehicles have been towed by the
towing service upon release of the vehicle. The information on
the receipt must be clearly legible and include the time, date
and place of the tow, the name of the tow truck operator who made
the tow and the name of the towing service said operator works
for. The receipt must also list the amount of money paid for the
release of the vehicle, any additional charges incurred in the
tow, and the reason for said additional charges. A copy of the
receipt must be retained by the towing service.
Section 21-428. Tow truck service operator's log.
Tow truck service operators shall keep a log of all
vehicles towed, including the make, model, and year and vehicle
identification number, if known, of the vehicle, its license
June 18, 1984
-2-
- 16c -
number and state of issuance, the time, and date and place of tow
removal, the name of the tow truck operator who made the tow and,
for each entry of tow, the signature of the owner of the private
lot, or his representative, requesting and authorizing the tow
shall be required. A letter of authorization from the owner of
the private lot or his representative, when carried in the tow
truck making the tow, shall be sufficient to meet this latter
requirement. Such log shall be available for inspection by city
police during normal business hours of the tow truck 015erater
service owner. Failure to keep such a log shall be unlawful.
Section 21-429. Miscellaneous prohibited acts by tow truck
service or operator.
Except when acting as an agent in the legal
repossession of a vehicle, it shall be unlawful for any tow
truck service or operator to:
(1) Tow or otherwise move a vehicle from any area or
portion of a public street, without either the consent of the
owner or custodian of the vehicle or authorization from a police
officer or other designated official of the city.
(2) Block the movement of or tow or otherwise move a
vehicle from any private road, driveway or any other privately
owned land or property within the city, except when requested to
do so by the owner or custodian of the vehicle; unless I
specifically requested to perform such towing service by the
owner or his agent or licensee (other than the owner, employee or
agent of the wrecker and towing service) of the private property
on which the vehicle is parked.
(3) Tow or otherwise move a vehicle from any private
road or driveway, or from any other privately owned land or
property within the city to a place out of the city, without the
consent of the owner or custodian of the vehicle; provided that,
after a period of not less than twenty-four (24) hours from the
time of the request for removal has elapsed, any such vehicle may
June 18, 1984
-3-
16d -
be moved to a storage area outside the city, with prior
notification to and approval of the police department.
(4) Block the movement of any vehicle, other than when
on the property of the tow truck service, to prevent the movement
thereof by its owner or custodian who has appeared and desires to
move the vehicle.
(5) Drive a wrecker or tow truck along any street to
solicit towing or engage in cruising to patrol or police private
property or
pei+ee-department7 tO Wait for employment by standing or parking
on public property.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the 18 day of June 1984.
KJC/da
3/9/83
5/6/83
7/20/83
9/16/83
10/26/83
5/8/84
6/6/84
(E)
June 18, 1984
-4-
- 16 e-
AN ORDINANCE TO AMEND AND REORDAIN SECTION
21-419 OF THE CODE OF THE CITY OF VIRGINIA
BEACH, VIRGINIA, PERTAINING TO DEFINITIONS
FOR TOW TRUCK SERVICES
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That Section 21-419 of the Code of the City of Virginia
Beach, Virginia, pertaining to definitions for tow truck services is
hereby amended and reordained to reads as follows:
Section 21-419. Definitions.
Unless a different meaning is required by the context, the
following terms, as used in this division, shall have the meaning
hereinafter respectively ascribed to them:
Operator means any person operating a tow truck for a
tow truck service.
Tow truck service means a person engaged in the any
business of lgreviding which provides the services of one or more
wreekers tow trucks for hire or used to tow, transport or move motor
vehicles on or from public streets or on or from private property by
way of pu@lic streets.
Tow truck service storage yard means any property,
including the premises of any service station, upon which vehicles are
stored that have been towed from privately owned lots or property at
the request of the owner of such lot or property and without the
consent of the owner of the vehicle towed.
Adopted this 18 day of June 1984, by the Council
of the City of Virginia Beacb, Virginia.
RMB/da
misc
4/5/84
4/11/84
5/8/84
June 18, 1984
- 17 -
Item II-H.4
CONSENT AGENDA ITEM # 22078
Upon motion by Vice Mayor Henley, seconded by Councilman McCoy, City
Council ADOPTED an Ordinance to transfer 1977 and 1980 WATER AND SEWER
REFERENDUM BOND FUNDS between projects within the respective Referendum
issue.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Harold Heischober, Vice Mayor Barbara M. Henley,
H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones,
W. H. Kitchin, III, Reba S. McClanan, J. Henry McCoy, Jr.,D.D.S.,
and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Nancy A. Creech
June 18, 1984
17a -
AN ORDINANCE TO TRANSFER
1977 AND 1980 WATER AND SEWER
REFERENDUM BOND FUNDS BETWEEN PROJECTS
WITHIN THE RESPECTIVE REFERENDUM ISSUE
WHEREAS, on April 11, 1977 City Council authorized $39,900,000
Water and Sewer Referendum Bonds which were approved by the qualified voters
of the city in an election held on June 14, 1977, and
WHEREAS, on August 27, 1980 City Council authorized $46,000,000
Water and Sewer Referendum Bonds which were approved by the qualified voters
of the city in an election held on November 4, 1980, and
WHEREAS, based on the actual project costs and the most recent
cost estimates from the Department of Public Utilities, there is a need to
transfer those bond funds among the respective referendum projects, in order
to provide sufficient funds for each project, and
WHEREAS, the transfers are based on the project costs estimated
in the FY 84-FY 88 Capital Improvement Program.
NOW THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH that 1977 and 1980 Water and Sewer Referendum Bond funds be
transferred between projects within the respective referendum issue to
update the accounting records to reflect the revised cost estimates as shown
in the Capital Improvement Program.
Adopted by the City Council of the City of Virginia Beach on
-18 day of June 19 84
June 18, 1984
KAR/2 ORD7-1
- 17b -
CITY OF VIRGINIA BEACH
PROPOSED APPROPRIATIONS TRANSFER IN THE
1977 AND 1980 WATER AND
SEWER REFERENDUMS
1977 WATER AND SEWER REFERENDUM
Transfer From:
5-800 Virginia Beach Boulevard Main -
Phase IIA & IIB $ 17,592 Completed
5-907 Atlantic Avenue Main - Phase II & III 137,089 Completed
5-928 Witchduck Road 53,062 Completed
6-604 North Virginia Beach Sanitary Sewers 558,171 Completed
Total Transfers From $ 765,914
Transfer To:
5-306 75% Type Lines-Water Distribution $ 146,693 On-going Project
5-702 Virginia Beach Boulevard Main -
Phase IA & IB 77,300 Completed-Needed for
close out
5-712 Sandbridge Road Main 54,821 Needed for design of
project
5-823 Croatan Beach Main 2,100 Completed
5-921 London Bridge Main 380,000 Needed for close-out
to fully fund project
6-946 Stewart Drive 105,000 Needed to fully fund
project
Total Transfer To $ 765,914
Net Change -0-
1980 WATER AND SEWER REFERENDUM
Transfer From:
5-306-Water Distribution - 75% Type $ 444,504 on going project
5-622-Shipps Corner Road Main 81,422 Under design-Reduction
in estimated cost
5-700-Five Forks/First Court 96,107 Completed
5-823-Croatan Beach 179,662 Completed
5-833-various Highway Projects 59,000 on going
5-835-Lynnhaven Pump Station Modifications 150,000 Under design-Reduction
in estimated cost
5-907-North Virginia Beach Area Hains 226,955 Completed
5-913-Presidential Boulevard Main 25,000 Under de'oign-Reduction
in estimated cost
5-924-Rud@e Avenue Main 20,615 Completed
5-927-Bonney Road Main at Thalia 27,053 Completed
5-928-Witchduck Road Main Phase II 120,740 Completed
5-932-Kempaville Road Main Phase II 135,183 Completed
5-934-Independence Boulevard Timberlake 180,264 Completed
5-936-General Booth Boulevard Phase I 1,000 Under construction-
Reduction in estimated
cost
5-937-Princess Anne Road - Phase II 119,393 Completed
5-938-Kempoville Suction Main - Phase 1 40,000 No activity-Reduction in
estimated cost
5-939-Kempaville Suction Main - Phase II 25,600 No activity-Reduction in
estimated cost
5-948-Lynnhaven Parkway Main - Phase VI 94,075 Design completed-
Reduction in estimated
cost
5-957-Diamond Springs Road Main 10,000 Under construction-
Reduction in estimated
cost
6-604-North Virginia Beach 1,203,654 Completed
6-703-Victor Road Pump Station Alterations 213,220 Minor alterations
completed-Remaining
work no longer needed
KAR/2 ORD7-2
June 18, 1984
- 17c
-2-
WATER AND SEWER REFERENDUM (continued):
Transfer From:
6-805-Cape Story by-the-Sea Sanitary Sewers 558,679 Completed
6-815-Infiltration, Inflow and Rehabilitation 273,990 On going project
6-827-Lake Shores 413,000 Under construction-
Reduction in estimated
cost
6-829-Avalon Terrace 305,128 Completed
6-900-Newtown Road Force Main 331,151 Project deleted
6-902-Weaverville 116,000 Under design-Reduction
in estimated cost
6-903-Lynnhaven Colony 151,872 Under construction-
Anticipated surplus
6-905-First Colonial Road 174,000 Under construction-
Reduction in estimated
cost
6-914-Bonney Road 120,378 Completed
6-919-Rudee Heights 304,497 Completed
Total Transfers From $ 6,202,142
Transfer To:
5-304-Small Line Improvements $ 372,898 On going project
5-711-Centerville Turnpike Main 70,000 No activity-To fully
fund project
5-713-Landstown Suction Main 29,996 No activity-To fully
fund project
5-832-Comprehensive Water Study 100,000 Underway-To fully fund
project
5-837-Recreation Drive - So. Lynnhaven Parkway 576,979 No activity-To fully
fund project
5-925-Landstown Pump Station Modifications 20,000 Under design-To fully
fund project
5-950-Virginia Beach Boulevard 460,000 Under design-To fully
fund project
5-952-Providence Road Main - Phase V 375,000 Under design-To fully
fund project
5-956-Holland Road - Phase IV 31,700 Under design-To fully
fund project
6-316-Various Sewer Projects 326,761 On going project
6-605-Pump Station Modifications 801,296 on going project
6-807-Old Dam Neck Road 1,085,000 No activlty-To fully
fund project
6-808-Gatewood Park 465,000 Under design-To fully
fund project
6-809-Salem Road 987,000 No activity-To fully
fund project
6-824-Various Highway Projects 76,000 On going project
6-825-Virginia Beach Boulevard 300,000 Design completed-To
fully fund project
6-913-Little Neck Road Force Main 34,500 No activity-To fully
fund project
6-915-Witchduck Road 55,012 Under design-To fully
fund project
6-917-Holland Road - Phase IV 35,000 Under design-To fully
fund project
Total Transfer To $ 6,202,142
Net Change -0-
June 18, 1984
-3
- 18 -
Item II-H.5
CONSENT AGENDA ITEM # 22079
Upon motion by Vice Mayor Henley, seconded by Councilman McCoy, City
Council ADOPTED an Ordinance to transfer funds of $15,000 from the
General Fund Reserve for Contingencies to the CITY CLERK'S budget
for expenditures over budget.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Harold Heischober, Vice Mayor Barbara M. Henley,
H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones,
W. H. Kitchin, III, Reba S. McClanan, J. Henry McCoy, Jr.,D.D.S.,
and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Nancy A. Creech
June 18, 1984
- 18a -
AN ORDINANCE TO TRANSFER FUNDS
OF $15,000 FROM THE GENERAL
FUND RESERVE FOR CONTINGENCIES
TO THE CITY CLERK'S BUDGET FOR
EXPENDITURES OVER BUDGET
WHEREAS, it is a.ticipated for the FY84 budget of the
City Clerk that expenditures will exceed appropriations, and
WHEREAS, the overrun is mainly due to unanticipated
expenditures in advertising, overtime, printing, and office
supplies, and
WHEREAS, the total overrun is estimated to be $15,000.
NOW THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH that funds of $15,000 be transferred from
the General Fund Reserve for Contingencies to the City
Clerk's budget in order to cover the division's FY84 expen-
ditures.
This ordinance shall be effective from the date of its
adoption.
Adopted by the Council of the City of Virginia Beach,
Virginia on Eighteenth day of June 1984.
APPROVED AS TO CONT@NT
DEPARIM ENT
June 18, 1984
JCM ORD-11
- 19 -
Item II-H. 6
CONSENT AGENDA ITEM # 22080
Upon motion by Vice Mayor Henley, seconded by Councilman McCoy, City
Council ADOPTED an Ordinance appointing viewers in the petition
of WILLIAM R. HOLZ and HELEN R. HOLZ for the closure of a portion of
Ego Drive (Lynnhaven 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: 10-0
Council Members Voting Aye:
John A. Baum, Harold Heischober, Vice Mayor Barbara M. Henley,
H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones,
W. H. Kitchin, III, Reba S. McClanan, J. Henry McCoy, Jr.,D.D.S.,
and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Nancy A. Creech
June 18, 1984
- 19a -
CHRI,STIE, HELD, SPANOULIS Ei CHRISTIE
ATTORNEYS AND COUNSELLORS AT LAW
245 Fil@ COLONIAL ROAD
VIRGINIA BEACH, VIRGINIA 23454
TELEPHONE
GEORGE A. CHR15TiE (804) 422-1400
STUART H. HELD
CONSTANTINE A. SPANOULIS
CHRIS A. CHR15T[E
CERTIFICATE OF VESTING OF TITLE
1, Stuart H. Held, attorney for William R. Holz and Helen H. Holz, do
hereby certify that:
1. I am an attorney at law and represent Williani R. Holz and Helen H.
Holz, the petitioners.
2. If the property described below is discontinued, closed and vacated
by the Council of the City of Virginia Beach, Virginia, then title to said
property will vest in William R. Holz and Helen H. Holz and Raymond E. Lett and
Uebra V. Lett, the adjacent landowners.
The said property referred to herein is hereby described as follows:
Ego Drive beginning at a point on the East side of
Matt Lane North 2 degrees, 21 minutes West a
distance of 50 feet to a point and thence North 87
degrees, 39 minutes East a distance of 134.57 feet
to a point, thence South 1 degree, 15 minutes East a
distance of 50.01 feet to a point; thence North 87
degrees, 39 minutes East 133.61 feet to the point of
beginning.
June 18, 1984
19b -
ORDINANCE APPOINTING VIEWERS
WHEREAS, William R. Holz and Helen H. Holz, have given due and
proper notice, in accordance with the statutes for such cases made and
provided that they will on the 18th day of June , 1984, apply to
the City Council of the Ci'L-y of Virginia Beach, Virginia, for the
appointment of Viewers to view the below-described property and report in
writing to the Council whether, in the opinion of said Viewers, any, and if
any, what inconvenience would result from the discontinuance of the
hereinafter described portion of that certain street of variable width, and
has filed such application with said Council.
NOW, THEREFORE, be it ORDAINED by the Council of the City of
Virginia Beach, Virginia:
THAT Robert J. Scott
David M. Grochmal and C. Oral Lambert, Jr.
are hereby appointed to view the below-described
property and report in writing to the Council, as soon as possible, whether
in their opinion, any, and if any, what inconvenience would result in the
discontinuing and vacating of a portion of that certain street of variable
width located in the City of Virginia Beach, Virginia, and more particularly
described as follows:
Ego Drive beginning at a point on the East side of
Matt Lane North 2 degrees, 21 minutes West a
distance of 50 feet to a point and thence North 87
degrees, 39 minutes East a distance of 134.57 feet
to a point, thence South 1 degree, 15 ininutes Easta
distance of 50.01 feet to a point; thence North 87
degrees, 39 niinutes East 133.61 feet to the point of
beginning.
SP.NOULIS & C..'S@'@
June 18, 1984
- 19C -
All the above as shown upon that certain plat entitled "Plat Showing
Portion of Ego Drive To Be Closed" as shown on Subdivision of West Oceana
Gardens, Lynnhaven Borough, Virginia Beach, Virginia, made by Lee S. Rood,
P.C., Land Surveyor, dated January 19, 1984, which plat is attached hereto
and made a part hereof and intended to be recorded with the Ordinance
closing the aforedescribed street.
C.RISTIE. ELD.
SPANOULIS & CHRISTIE
L @..-@.T.N
.I-.@IS T -.
VI..I..A .-., VI-@.IA
June 18, 1984
19d -
IN THE MATTER OF CLOSING, VACATING AND DISCONTINUING
A PORTION OF THAT CERTAIN STREET, KNOWN AS EGO DRIVE
AS SHOWN UPON THAT CERTAIN PLAT ENTITLED "PLAT SHOWING
PORTION OF EGO DRIVE TO BE CLOSED" AS SHOWN ON SUB-
DIVISION OF WEST OCEANA GARDENS, LYNNHAVEN BOROUGH,
VIRGINIA BEACH, VIRGINIA, MADE BY LEE S. ROOD, P.C.,
LAND SURVEYOR, DATED JANUARY 19, 1984 WHICH PLAT IS
ATTACHED HERETO.
PETITION
TO: T[iE i@iAYOR A[iD TliE 1-iEMBERS OF TFIE COU14CIL OF THE CITY
OF VIRGI[IIA 'UEACH, VIRG1111A
Your Petitioners, William R. Holz and Helen H. Holz, respectfully
represent as follows:
1. That pursuant to the provisions of Section 15.1-364 of the 1950
Code of Virginia, as amended, the Petitioners apply for the vacating,
closing, and discontinuance of a portion of that certain street, which is
niore specifically described as follows:
Ego Drive beginning at a point on the East side of
Matt Lane North 2 degrees, 21 minutes West a
distance of 50 feet to a point and thence North 87
degrees, 39 minutes East a distance of 134.57 feet
to a point, thence South 1 degree, 15 minutes East a
distance of 50.01 feet to a point; thence North 87
degrees, 39 minutes East 133.61 feet to the point of
beginning.
Said parcel of land being a portion of Ego Drive, as indicated on
that certain plat entitled "Plat Showing Portion of Ego Drive To Be Closed"
as shown on Subdivision of West Oceana Gardens, Lynnhaven Borough, Virginia
Beach, Virginia, which plat is attached hereto and made a part hereof and
intended to be recorded with the Ordinance closing the aforedescribed
street.
2. That no inconvenience will result to any persons by reason of
C..ISTI.. ELO. said closing, vacation, and discontinuance of said street; and the
SPANOULIS & C..'S@'@
Petitioners pray that this Honorable Council appoint Viewers as provided by
June 18, 1984
- 19e -
law to view said platted street proposed to be closed and to report in
writing to the Council on or before the day of , 1984,
as to whether in the opinion of said Viewers, what inconvenience, if any,
would result from the discontinuance and closing of this portion of said
street, as herein reported and described.
3. That on the day of 1984, notice of the
presenting of this application was published in the Beacon, a newspaper of
general circulation, in the City of Virginia Beach, Virginia.
4. That the fee simple owners of all land along and adjacent to and
affected by said portion of the platted street are your Petitioners herein,
William R. Holz and Helen H. Holz, and Raymond E. Lett and Debra V. Lett,
200 Matt Lane, Virginia Beach, Virginia.
Respectfully submitted,
WILLIAM R. HOLZ
HELEN H. HOLZ
B
Stuart H. Held
CHRISTIE, HELD, SPANOULIS & CHRISTIE
A Professional Corporation
245 First Colonial Road
Virginia Beach, Virginia 23454
422-1400
CHRISTIE. ELD.
S@ANOULIS a C..ISTIE
Al..@.I. T L.@
June 18, 1984
- 20 -
Item II-H.7
CONSENT AGENDA ITEM # 22081
Upon motion by Vice Mayor Henley, seconded by Councilman McCoy, City
Council ADOPTED an Ordinance to transfer $90,000 and to provide these
funds for local cooperation with the U.S. Army Corps of Engineers in
the provision of retaining dikes for maintenance dredging of LYNNHAVEN
INLET AND LONG CREEK PROJECTS.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Harold Heischober, Vice Mayor Barbara M. Henley,
H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones,
W. H. Kitchin, III, Reba S. McClanan, J. Henry McCoy, Jr.,D.D.S.,
and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Nancy A. Creech
June 18, 1984
- 20a
AN ORDINANCE TO PROVIDE FUNDS FOR
LOCAL COOPERATION WITH THE U.S.
ARMY CORPS OF ENGINEERS IN THE
PROVISION OF RETAINING DIKES
FOR MAINTENANCE DREDGING OF
LYNNHAVEN INLET AND LONG CREEK
PROJECTS
WHEREAS, the City of Virginia Beach has previously
entered into contracts with the U. S. Army Corps of Engineers
to provide maintenance dredging of the Lynnhaven Inlet and
Long Creek projects and,
WHEREAS, the local cooperation for these projects
require the city to either construct the necessary retaining
dikes at the disposal sites or provide the costs thereof
and,
WHEREAS, the estimated cost to construct these retaining berms
is $90,1000 and,
WHEREAS, the Director of Public Works has recommended that
the Corps be requested to provide the necessary construction as
the constriiction required is considered beyond the capability
of the Highway Division and,
WHEREAS, funds for this purpose can be made available
by transfer from the Eastern Branch Dredging Project.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE
CITY OF VIRGINIA BEACH that funds of $90,000 be hereby
transferred from the Eastern Branch Dredging Project (Project
2-712) for the construction of the dikes at the Lynnhaven Inlet
spoil area and a new capital project be hereby designated for
this purpose.
BE IT FURTHER ORDAINED that a city cheek in the amount
of $90,000 be prepared and mailed to the Norfolk District
office of the Army Corps of Engineers prior to June 30, 1984.
Adopted by the Council of the City of Virginia Beach,
Virginia on the 18 day of June I 19 84
APPROVED AS TO coNTEtiT
June 18, 1984
TOIFORM
- 21 -
Item 11-H.8
CONSENT AGENDA ITEM # 22082
Upon motion by Vice Mayor Henley, seconded by Councilman McCoy, City
Council ADOPTED an Ordinance authorizing certain events conducted on
City property exempt from the prohibition from working or transacting
business on Sunday.
The events and dates are as follaws:
Date Event City Property
July 15, 1984 Grand Piano Show & Sale Pavilion
August 19, 1984 Sci-Fi Comic Book Convention Pavilion
March 10, 1985 Gun & Knife Show Pavilion
March 24, 1985 RV & Camping Show Pavilion
March 31, 1985 Arts Center "Artsfest '85"' Pavilion
April 21, 1985 International Auto Show Pavilion
May 26, 1985 Coin Club "Coin-a-Rama" Pavilion
May 26, 1985 Antique Flea Market Pavilion
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Harold Heischober, Vice Mayor Barbara M. Henley,
H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones,
W. H. Kitchin, III, Reba S. McClanan, J. Henry McCoy, Jr.,D.D.S.,
and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Nancy A. Creech
June 18, 1984
- 21a -
AN ORDINANCE AUTHORIZING CERTAIN
EVENTS CONDUCTED ON CITY PROPERTY
TO BE EXEMPT FROM THE PROHIBITION
FROM WORKING OR TRANSACTING BUSINESS
ON SUNDAY
WHEREAS, Section 18.2, Code of Virginia (1950) as
amended, requires the City Council of the City of Virginia Beach
to designate on a case-by-case basis the events which are exempt
from working or transacting business on Sundays; and
WHEREAS, the following City property has been
designated by the Council of the City of Virginia Beach for the
following dates, as the site for the following events:
Date Event City Property
July 15, 1984 Grand Piano Show & Sale Pavilion
AUgUSt 19, 1984 Sci-Pi Comic Book Convention Pavilion
March 10, 1985 Gun & Knife Show Pavilion
March 24, 1985 RV & Camping Show Pavilion
March 31, 1985 Arts Center 'Artsfest '851" Pavilion
April 21, 1985 International Auto Show Pavilion
May 26, 1985 Coin Club "Coin-a-Rama" Pavilion
May 26, 1985 Antique Flea Market Pavilion
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That the above-mentioned events are exempt from the
prohibition of working or transacting business on Sunday as
provided by general law. That the City Clerk is directed to
forward a certified copy of this Ordinance to the Commonwealth
Attorney.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the 18 day of June 1984.
JDB/da
6/7/84
APPROVE-DAS
SIGNATU'I,E
June 18, 1984
DEPA,RTMENT
AP@V!2S T FqRm
t@m
I @ SIGNATURE'
- 22 -
Item II-H.9
CONSENT AGENDA ITEM # 22083
Upon motion by Vice Mayor Henley, seconded by Councilman McCoy, City
Council APPROVED the request of the City Treasurer to charge-off
UNCOLLECTABLE CHECKS in the amount of $371.09.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Harold Heischober, Vice Mayor Barbara M. Henley,
H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones,
W. H. Kitchin, III, Reba S. McClanan, J. Henry McCoy, Jr.,D.D.S.,
and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Nancy A. Creech
June 18, 1984
22a
JOHN T. ATKINSON MUNICIPAL CENTER
TREASURER VIRGINIA BEACH, VIRGINIA 23456-WS7
427-4445
June 6, 1984
1 WOULD LIKE PERMISSION OF THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH TO CHARGE OFF
THE FOLLOWING UNCOLLECTABLE RETURNED CHECKS:
John T. Barnes 10.00 Parking Ticket Check date: 2-1-84
748 Putnam Ave. Moved, unable to locate
Brooklyn, NY 11221
Jiilia Caffo 20.00 Parking Ticket Check date: 8-22-83
3936-818 Water Way Pl. Moved, unable to locate
Va. Beach, Va. 23452
Canadian Check 5.99 Parking Ticket Check date: 8-8-83
Cannot read name No address
R. McIlwaine Keever, Jr. 20.00 Parking Ticket Check date: 11-2-83
lr
Gl as.(iow $tr--l- Summons could not be served
snuum, va. n7O4
Christopher @IcLaughlin 15.00 Parking Ticket Check date: 10-19-83
4309 Sugarleaf Ct. Moved, unable to locate
Va. Beach, Va. 23462
Bohita J. Nowotny 12.00 Parking Ricket Check date: 6-16--83
1152 Va. Beach Blvd.Lot 69 Moved, unable to locate
Va. Beach, Va. 23451
i
Hasseb A. Obaidy 12.00 Parking Ticket Check date: 5-27-83
957 E. Piney Branch Dr. Unable to locate, could not
Va. Beach, Va. 23451 serve summons
Hasseb A. Obaidy 6.00 Parking Ticket Check date: 6-1-83
957 E. Piney Branch Dr. Unable to locate, could not
Va. Beach, Va. 23451 serve summons
Isiah Thomas, Jr. 6.00 Parking Ticket Check date: 8-4-83
1020 W.8th. Street Unable to ffocate
Plfd., N.J. 07060
James L. Thacker 20.00 Parking Ticket Check date: 8-11-83
11 Prince George Dr. Moved, unable to locate
Hampton Va. 23669
June 18, 1984
22b -
Page 2 ............
A. Dennis Carter '115.00 83 City Decal Check date: 4-15-83
344 French Ct. Moved, unable to locate
Va. Beach, Va. 23454
Michele L. Johnson 20.00 83 City Decal Check date: 1-31-83
3243 Saxon PI. Unable to locate
Va. Beach, Va. 23456
Michael R. Stevens "'O.00 83 City Decal Check date: 3-10-83
533 Woodlake Rd. Unable to locate
Va. Beach, Va. 23452
Joanne Young '0.00 83 City Decal Check date: 10-18-83
349 Amsterdam Ct. Sq. Moved, unable to locate
Va. Beach, Va. 23454
Steve Parker ;lo.oo 84 City Decal Check date: 1-17-84
337 Rosemont Rd. Apt. 201
Unable to locate
Va. Beach, Va. 23452
Gary W. White 20.00 84 City Decal Check date: 3-23-84
933 Welch Circle Unable to locate
Va. Beach, Va. 23452
Dolly Wilson @15.00 84 City Decal Check date: 1-9-84
1143 1/2 N. Edgemont St. Unable to locate
Hollywood, Ca. 90029
Patrick J. Kent 10.00 Animal Control Check date: 2-28-84
3937 Sailboat Landing Unable to locate
Va. Beach, Va. 23456
John D. Fenessy 10.00 Parks & Rec. Check date: 1-16-84
4536 Landsdale Dr. Moved, unable to locate
Va. Beach, Va. 23455
Leonardo E. Espinosa 10.00 Parks & Rec. Check date: 1-14-84
735 Grant Ave. Unable to locate
Va. Beach, Va. 23452
Richard R. Scott 26.00 Parks & Rec. Check date: 4-24-83
1449 Shoveller Ave. Unable to locate
Va. Beach, Va. 23454
Reginald L. Rankins 30.00 School Board Check date: 11-2-83
2940 Princess Anne Rd. Unable to locate
Va. Beach, Va. 23456
Mall Promotions Associates io.oo Civic Center Check date: 5-1-83
826 Crashaw Street Unable to locate
Va. Beach, Va. 23462
T.L. Bessent 3.10 Refuse Check date: 1-13-84
1736 Acquamarine DR. Unable to locate
Va. Beach, Va. 23456
$-3'tf. 0 9-
June 18, 1984
- 23 -
Item II-H.10
CONSENT AGENDA ITEM # 22084
Upon motion by Vice Mayor Henley, seconded by Councilman McCoy, City
Council ADOPTED an Ordinance authorizing License Refunds in the amount
of $9,263.26 upon application of certain persons and upon certification
of the Commissioner of Revenue.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Harold Heischober, Vice Mayor Barbara M. Henley,
H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones,
W. H. Kitchin, 111, Reba S. McClanan, J. Henry McCoy, Jr.,D.D.S.,
and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Nancy A. Creech
June 18, 1984
FORM NO. C.A. 6 - 23a
AN ORDINANCE AUTHORIZING LICENSE REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF THE REVENUE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for license refunds, upon certification of the Commissioner of the
Revenue are hereby approved:
NAME L Icense Date Base Penalty lnt. Total
Year Paid
Great Bridge Foods, Inc.
T/A Earle's Market
P. 0. Box 2485
Portsmouth, VA 23702 Audit Credit 6,848.28 6,848.28
J. A. Robbins Electric, Inc.
c/o J. A. Robbins
Star Route 1, Box 8
Earlysville, VA 22936 Audit Credit 122.02 122.02
men t:
Ivan Ci7Mapp C/ v
Commissioner of 1;fevenue
Approved as to f
D t Bimson,
This ordinance shall be effective from date of city Attorney
adoptlon.
The above abatemengs) totaling $6, 970. 30 were approved by the Council
of the City of Virginia Beach on the 8 day of June 84
Ruth Hodges Smith
City Clerk
June 18, 1984
FORM NO. C.A. 8 - 23b -
AN ORDINANCE AUTHORIZING LICENSE REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF THE REVENUE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for license refunds, uporicertification of the Commissioner of the
Revenue are hereby approved:
NAME L lcense Date Base Penalty I nt. Total
Year Paid
Cohen, Nathan
3811 Chimney Creek Dr.
Va. Beach, VA 23462 Audit Credit 26.60 26.60
CRSD, Inc.
15-B Bayview Drive
Pc>quoson, VA 23662 Audit Cradit 24.85 24.85
Cummins Mid-Atlantic, Inc.
P. 0. Box 26629
Richmond, VA 23261 Audit Credit 1,156.54 1,156.54
c ent:
Ivan D. Mapp
Commissioner of Revenue
Approved as to form:
@-B 644
ate imson
This ordinance shall be effective from date of Attorney
adoption.
Theaboveabatemengs) totaling $1,207,99 were approved by the Council
of the City of Virginia Beach on the 18 day of June 19 84
Ruth Hodges Smith
City Clerk
June 18, 1984
- 23c -
FORM NO. C.A. 0
AN ORDINANCE AUTHORIZING LICENSE REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF THE REVENUE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for license refunds, upon certification of the Commissioner of the
Revenue are heretyy approved:
NAME L icense Date Base Penalty Int. Total
Year Paid
Adams, Roger D. 1982 9/17/82 126.50 126.50
242 Clearfield Ave.
Va. Beach, VA 23462
Burns, Frank G., et als Audit 842.42 842.42
T/A Bayside Professional Assoc.
4501 N. Witchduck Rd.
Va. Beach, VA 23455
Cammack, John H.
c/o Alexandra Armstrong Advisors, Inc.
1140 Connecticut Ave., NW, S-505
Washington, DC 20036 Audit Audit 116.05 116.05
ayiiient:
ue
Approved as to form:
This ordinance shall be effective from date of
adoption.
The above abatemengs) total lng $ 1. 0 8 4. 9 7 were approved by the Council
of the City of Virginia Beach on the 18 day of June 19 84
Ruth Hodges Smith
Clty Clerk
L-) E;@ r. C)F LA.W
June 18, 1984
24 -
Item II-I.
PLANNING ITEM 22085
Henry Richardson, Secretary of DEB, Inc., represented the applicant
Upon motion by Councilman Kitchin, seconded by Councilman Baum, City Council
ADOPTED an Ordinance upon application of DEB, INC., DBA/EMPRESS MOTEL for
a Conditional Use Pemit per the following:
ORDINANCE UPON APPLICATION OF DEB, INC., DBA/EMPRESS
MOTEL FOR A CONDITIONAL USE PERMIT FOR A BICYCLE RENTAL
STAND R0684642
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
Ordinance upon application of DEB, Inc., DBA/Empress
Motel for a bicycle rental stand in conjunction with
the Empress Motel on certain property located at the
Southeast corner of Atlantic Avenue and 28th Street,
running a distance of 150 feet along the east side of
Atlantic Avenue, running a distance of 150 feet along
the southern property line, running a distance of 150
feet along the south side of 28th Street. Said parcel
contains 22,500 square feet. VIRGINLA BEACH BOROTJGH.
The following condition shall be required:
1. Bicycles and/or Advertising shall only be on the
I property of DEB, Tnc., or DBA/Empress Motel.
This Ordinance shall be effective upon the date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia on the
Eighteenth day of June, Nineteen Hundred and Eighty-four.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Harold Heischober, Vice Mayor Barbara M. Henley,
H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert C. Jones,
W. H. Kitchin, III, Reba S. McClanan, J. Henry McCoy, Jr.,D.D.S.,
and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent: June 18, 1984
Nancy A. Creech
- 25 -
Item II-I.2
PLANNING ITEM # 22086
Jim Schmidt, Realtor with Adams, McCabe and Lester, represented the applicant
Upon motion by Councilman McCoy, seconded by Councilwoman Oberndorf, City
Council ADOPTED an Ordinance upon application of A.T. WILLIAMS OIL COMPANY
for a Conditional Use Permit per the following:
ORDlNANCE UPON APPLICATION OF A. T. WILLIAMS OIL COIVANY
FOR A CONDLTIONAL USE PERMIT FOR A GASOLINE STATION
AND CAR WASH R0684643
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
Ordinance upon application of A. T. Williams Oil Company
for a Conditional Use Permit for a gasoline station and
car w s@h on certain property located on the northeast side
of Princess Anne Road beginning at a point 709 feet more
or less northwest of Windsor Oaks Boulevard, running a
distance of 150 feet along the northeast side of Princess
Anne Road, running a distance of 257 feet in a northeasterly
direction, running a distance of 150 feet in a southeasterly
direction, and running a distance of 250 feet in a south-
westerly direction. Said parcel contains 37,462 square
feet. KEMPSVILLE BOROUGH.
This Ordinance shall be effective upon the date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia on the
Eighteenth day of June, Nineteen Hundred and Eighty-four.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Harold Heischober, Vice Mayor Barbara M. Henley,
R. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones,
W. H. Kitchin, III, Reba S. McClanan, J. Henry McCoy, Jr.,D.D.S.,
and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Nancy A. Creech June 18, 1984
- 26 -
Item II-1.3
PLANNING ITEM # 22087
Thomas Adams represented the applicant
Opposition:
David Perry, President of the Avalon Hills Civic League
Howard Ormsby, resident of Providence Road
Bronwen Mendelsohn, resident of Avalon Hills
J. L. Doughtie, resident of Avalon Hills
Upon motion by Councilman McCoy, seconded by Councilwoman Oberndorf, City
Council DENIED an Ordinance upon application of THOMAS B., ROBERT J., AND
THOMAS W. ADAMS for a Conditional Use Permit per the following:
ORDINANCE UPON APPLICATION OF THOMAS B., ROBERT J.,
AND THOMAS W. ADAMS FOR A CONDITIONAL USE PERMIT
FOR THE SALE OF POOL SUPPLIES
Ordinance upon application of Thomas B., Robert J., and
Thomas W. Adams for a Conditional Use Permit for the
sale of pool supplies on certain property located on the
south side of Providence Road beginning at a point 200
feet east of Beryl Avenue, running a distance of 129.51
feet along the south side of Providence Road, running a
distance of 205 feet along the eastern property line,
running a distance of 80 feet along the southern property
line and running a distance of 139.04 feet along the
western property line. Said parcel contains 16,771 square
feet. KEMPSVILLE BOROUGH
Voting: 9-1
Council Members Voting Aye:
John A. Baum, Harold Heischober, Vice Mayor Harbara M. Henley,
Mayor Louis R. Jones, Robert G. Jones, W. H. Kitchin, III,
Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera
E. Oberndorf
Council Members Voting Nay:
H. Jack Jennings, Jr.
Council Members Absent:
Nancy A. Creech
June 18, 1984
- 27 -
Item II-I.4
PLANNING ITEM # 22088
Attorney Robert Cromwell represented the applicant
Upon motion by Councilwoman McClanan, seconded by Councilman Baum, City
Council ADOPTED an Ordinance upon application of LANDSTOWN MEADOWS
ASSOCIATES for a Change of Zoning per the following:
ORDINANCE UPON APPLICATION OF LANDSTOWN MEADOWS ASSOCIATES
FOR A CHANGE OF ZONTNG DISTRICT CLASSIFICATION FROM P-1
TO R-8 Z0684858
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
Ordinance upon application of Landstown Meadows Associates
for a Change of Zoning District Classification from P-1
Preservation District to R-8 Residential District on parcels
located west of Holland Road and east of Princess Anne Road.
Parcel 1: Located 500 feet west of Holland Road beginning at
a point 4500 feet more or less south of Landstown Road,
running a distance of 230 feet in a northwesterly direction,
running a distance of 280 feet along the northern property
line, running a distance of 330 feet along the western
property line, running a distance of 100 feet in an easterly
direction, running a distance of 100 feet in a southerly di-
rection, running a distance of 100 feet in an easterly di-
rection, running a distance of 100 feet in a northerly di-
rection, running a distance of 260 feet in an easterly di-
rection, running a distance of 50 feet in a northerly di-
rection and running a distance of 180 feet in a northeasterly
direction.
Parcel 2: Located 1550 feet more or less east of Princess Anne
Road beginning at a point 2900 feet south of Landstown Road,
running a distance of 470 feet more or less along the southern
property line, running a distance of 400 feet along the eastern
property line, running a distance of 240 feet along the northern
property line and running a distance of 120 feet along the western
property line. Said parcels contain 4.0 acres. PRINCESS ANNE
BOROUGH.
Prior to the changing of the official zoning maps, the following shall be
required:
1. A 30-foot dedication is required along the frontage on
Princess Anne Road, 55 feet from the centerline of the
existing 50-foot right-of-way to provide for an ultimate
110-foot right-of-way as per the Master Street and High-
way Plan, together with a scenic easement.
2. A dedication of right-of-way 90 feet in width for Rosemont
Road as per the Master Street and Highway Plan.
This Ordinance shall be effective upon the date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia on the
of June, Nineteen Hundred and Eighty-four.
- 28 -
Item II-I.4
PLANNING ITEM 22088 (Continued)
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Harold Heischober, Vice Mayor Barbara M. Henley,
H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones,
W. H. Kitchin, III, Reba S. McClanan, J. Henry McCoy, Jr.,D.D.S.,
and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Nancy A. Creech
June 18, 1984
- 29 -
Item II-I.5
PLANNING ITEM # 22089
Attorney Grover Wright represented the applicant
Upon motion by Councilman McCoy, seconded by Councilman Baum, CITY COUNCIL
UPHELD THE RECOM14ENDATIONS OF THE PLANNING COMMISSION AND ADOPTED Ordinances
upon applications of R. G. MOORE BUILDING CORPORATION for Changes of Zoning
per the following:
ORDTNANCE UPON APPLICATION OF R. G. MOORE BUILDING CORPORATION
FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM R-8 TO
A-1 Z0684859
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGLNIA:
Ordinance upon application of R. G. Moore Building Corporation
for a Change of Zoning District Classification from R-8 Resi-
dential District to A-1 Apartment District on certain property
located 314.8 feet southwest of Bonney Road beginning at a
point 1100 feet more or less northeast of the intersection
of Bonney Road and South Witchduck Road, running a distance
of 839 feet in a southwesterly direction, running a distance
of 658 feet in a southeasterly direction and running a dis-
tance of 1168.70 feet in a northerly direction. Said parcel
contains 6.7 acres. KEMPSVILLE BOROUGH.
AND,
ORDINANCE UPON APPLICATION OF R. G. MOORE BUILDING CORPORATION
FOR A CHANCE OF ZONING DISTRICT CLASSIFICATION FROM R-8 TO
A-1 Z0684860
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGLNIA:
Ordinance upon application of R. G. Moore Building Corporation
for a Change of Zoning District Classification from R-8 Resi-
dential District to A-1 Apartment District on certain property
located on the south side of Bonney Road beginning at a point
600 feet more or less west of Kenley Road, running a distance
of 77.8 feet along the south side of Bonney Road, running a
distance of 1037.98 feet along the western property line,
running a distance of 304.4 feet along the southern property
line, running a distance of 740 feet along the eastern property
line, running a distance of 228.3 feet in a southwesterly
direction and running a distance of 282 feet in a north-
westerly direction. Said parcel contains 5.7 acres. KEMPSVILLE
BOROUGH.
Prior to the changing of the official zoning maps, the following condition
will be required:
A dedication along Bonney Road to provide for an ultimate 60-
foot right-of-way, as per the Master Street and Highway Plan.
AND,
June 18, 1984
- 30 -
Item II-1.5
PLANNING ITEM # 22089 (Continued)
ORDINANCE UPON APPLICATION OF R. G. MOORE BUILDING CORPORATION
FOR A CHANCE OF ZONING DISTRICT CLASSIFICATION FROM R-8 TO
A-1 Z0684861
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
Ordinance upon application of R. G. Moore Building Corporation
for a Change of Zoning District Classification from R-8 Resi-
dential District to A-1 Apartment District on certain property
located on the east side of Kenley Road beginning at a point
1100 feet more or less south of Bonney Road, running a dis-
tance of 296.1 feet along the east side of Kenley Road, running
a distance of 762 feet in a northeasterly direction, running
a distance of 195 feet in a northwesterly direction, running a
distance of 68 feet in a southerly direction, running a dis-
tance of 151 feet in a westerly direction, running a distance
of 133.5 feet in a northerly direction, running a distance of
23.8 feet along the south side of Bonney Road and running a
distance of 705 feet in a southwesterly direction. Said
parcel contains 4.9 acres. KEMPSVILLE BOROUGH.
Prior to the changing of the official zoning maps, the following conditions
will be required:
1. A dedication along Bonney Road to provide for an ultimate 60-
foot right-of-way, as per the Master Street and Highway Plan.
2. A 20-foot dedication along the frontage of Kenley Road to
align with the existing 60-foot right-of-way in Kempsville
Lakes, Phase 3, Part 2B.
These Ordinances shall be effective upon the date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia on the
Eighteenth day of June, Nineteen Hundred and Eighty-four.
Voting: 8-2
Council Members Voting Aye:
John A. Baum, Harold Heischober, H. Jack Jennings, Jr., Mayor
Louis R. Jones, Robert G. Jones, W. H. Kitchin, 111, Reba S.
McClanan, and J. Henry McCoy, Jr., D.D.S.
Council Members Voting Nay:
Vice Mayor Barbara M. Henley, and Meyera E. Oberndorf
Council Members Absent:
Nancy A. Creech
June 18, 1984
- 31 -
Item II-I.6
PLANNING ITEM # 22090
Attorney Bob Cromwell represented the applicant
(Attorney Cromwell submitted a letter requesting DEFERREL until July 9, 1984.
Copy of which is hereby made a part of the record.)
Opposition:
Alan L. Bergstrom, represented the Mill Wood Residents, and had no
objection to the DEFERREL
Sharon Rabovsky, represented the Salem Woods Civic League, and had
no objection to the DEFERREL
Upon motion by Councilman McCoy, seconded by Councilman Heischober, City
Council DEFERRED for three weeks until the City Council Meeting of July
9, 1984, an Ordinance upon application of SALEM MEADOWS ASSOCIATES for
a Change of Zoning per the following:
ORDINANCE FJPON APPLICATION OF SALEM MEADOWS ASSOCIATES
FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM
R-5 TO R-8
Ordinance upon application of Salem Meadows Associates
for a Change of Zoning District Classification from R-5
Residential District to R-8 Residential District on cer-
tain property located on the south side of Recreation
Drive beginning at a point 2675 feet west of Salem Road,
running a distance of 2439 feet along the south side of
Recreation Drive, running a distance of 1481.06 feet along
the western property line, running a distance of 2880 feet
along the southern property line and running a distance of
1883 feet along the eastern property line. Said parcel
contains 77.7 acres. KEMPSVILLE BOROUGH.
AND,
ORDINANCE UPON APPLICATION OF SALEM MEADOWS ASSOCIATES
FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM
R-8 TO PD-H2
Ordinance upon application of Salem Meadows Associates
for a Change of Zoning District Classification from R-8
Residential District to PD-H2 Planned Unit Development
District on certain property located on the south side
of Recreation Drive beginning at a point 2675 feet west
of Salem Road, running a distance of 2439 feet along the
south side of Recreation Drive, running a distance of
1481.06 feet along the western property line, running
a distance of 2880 feet along the southern property line
and running a distance of 1883 feet along the Eastern property
line. Said parcel contains 77.7 acres. KEMPSVILLE BOROUGH.
(This item will be the LAST item under the PLANNING ITEMS on tbe July 9, 1984
AGENDA)
June 18, 1984
- 32 -
item II-I.6
PLANNING ITEM # 22090 (Continued)
Voting: 8-2
Council Members Voting Aye:
John A. Baum, Harold Heischober, H. Jack Jennings, Jr., Mayor
Louis R. Jones, Robert G. Jones, W. H. Kitchin, III, Reba S.
McClanan, and J. Henry McCoy, Jr., D.D.S.
Council Members Voting Nay:
Vice Mayor Barbara M. Henley, and Meyera E. oberndorf
Council Members Absent:
Nancy A. Creech
June 18, 1984
- 33 -
Item II-1. 7
PLANNING ITEM # 22091
Attorney Frank E. Butler, III represented the applicant
A MOTION was made by Councilman Kitchen, seconded by Councilwoman McClanan
to DENY an Ordinance upon application of HARRY SANDLER for a Change of
Zoning.
Upon SUBSTITUTE MOTION by Councilman Jennings, seconded by Councilman Jones,
City Council ADOPTED an Ordinance upon application of HARRY SANDLER for
a Change of Zoning per the following:
ORDINANCE UPON APPLICATION OF HARRY SANDLER FOR A CHANGE
OF ZONING DISTRICT CLASSIFICATION FROM R-7 TO A-1 Z0684862
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINLA:
Ordinance upon application of Harry Sandler for a Change of
Zoning District Classification from R-7 Residenti l@Dis-
trict to A-1 Apartment District on property located at the
northwest corner of 13th Street and Parks Avenue on the
southern 10 feet of lot 16 and lots 17, 18, 19, 20 and 21,
Block 116, Lakewood. Said parcel contains 17,500 square
feet. VIRGINIA BEACH BOROUGH.
This Ordinance shall be effective upon the date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia on the
Eighteenth day of June, Nineteen Hundred and Eighty-four.
Voting: 8-2
Council Members Voting Aye:
John A. Baum, Harold Heischoberl Vice Mayor Barbara M. Henley,
H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones,
J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
W. H. Kitchin, Tll, and Reba S. McClanan
Council Members Absent:
Nancy A. Creech
*Verbal Aye
June 18, 1984
- 34 -
Item II-1.8
PLANNlNG ITEM # 22092
Attorney Glenn Croshaw represented the applicant
Carnell Smith, applicant
Opposition:
Roberta Jennings, represented Newlight/United Civic Leagues
Alice Green, Member of the Citizens Advisory Committee, Member of the Coalition
of Civic Leagues, and resident of Newlight area
Thomas Jennings, Jr., United Civic League
A MOTION was made by Councilman McCoy, seconded by Councilwoman Oberndorf, to
DENY an Ordinance upon application of CARNELL SMITH, MRS. SMITH, AND DIXON
AND VAN, INC. for a Change of Zoning.
A SUBSTITUTE MOTION was made by Councilman Jones, seconded by Councilman
Jennings to DEFER for 120 days an Ordinance upon application of CARNELL SMITli,
MRS. SMITH, AND NIXON AND VAN, 1NC., for a Change of Zoning. The motion was
lost by a vote of three to seven.
Voting: 3-7 (LOST)
Council Members Voting Aye:
H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones
Council Members Voting Nay:
John A. Baum* Harold Heischober, Vice Mayor Barbara M. Henley,
W. H. Kitchin, 111, Reba S. McClanan, J. Henry McCoy, Jr., D.D.S.,
and Meyera E. Oberndorf
Council Members Absent:
Nancy A. Creech
*Verbal Nay
Upon motion by Councilman McCoy, seconded by Councilwoman Oberndorf, City
Council DENIED an Ordinance upon application of CARNELL SMITH, MRS. SMITH,
AND NIXON AND VAN, INC. for a Change of Zoning per the following:
ORDINANCE UPON APPLICATION OF CARNELL SMITH, IIRS. SMITH,
AND DIXON AND VAN, INC. FOR A CHANGE OF ZONING DISTRICT
CLASSIFICATION FROM R-8 TO 0-1 (NEWLIGHT TARGET AREA)
Ordinance upon application of Carnell Smith and Mrs. Smith
and Dixon and Van, Inc., for a Change of Zoning District
Classification from R-8 Residential District to 0-1 Office
District on certain property located at the southeast corner
of Indian River Road and Ferry Point Road, running a distance
of 163 feet along the south side of Indian River Road,
running a distance of 208 feet along the eastern property
line, running a distance of 163 feet along the southern
property line and running a distance of 208 feet along the
east side of Ferry Point Road. Said parcel contains 33,904
square feet. KEMPSVILLE BOROUGH. (NEWLIGHT TARGET AREA)
June 18, 1984
- 35 -
Item II-I.8
PLANNING ITEM # 22092 (Continued)
Voting: 8-2 (MAIN MOTION TO DENY CARRIED)
Council Members Voting Aye;
John A. Baum, Harold Heischober, Vice Mayor Barbara M. Henley,
Mayor Louis R. Jones, W. H. Kitchin, III, Reba S. McClanan, J.
Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
H. Jack Jennings, Jr., and Robert G. Jones.
Council Members Absent:
Nancy A. Creech
June 18, 1984
- 36-
Ttem II-J. 1-8
APPOINTMENTS ITEM # 22093
By CONSENSUS, City Council RESCHEDULED Appointments for the following:
ARTS AND HUMANITIES COMMISSION
EASTERN VIRGINIA HEALTH SYSTEMS AGENCY
EASTERN VIRGINIA MEDICAL AUTHORITY
HOUSING BOARD OF APPEALS
SOCIAL SERVICES BOARD
SOUTHEASTERN TIDEWATER OPPORTUNITY PROJECT
SOUTHEASTERN VTRGINIA PLANNING DISTRICT COMMISSION
VOLUNTEER COUNCIL
June 18, 1984
- 37 -
Item II-K.l.
UNFINISHED BUSINESS ITEM # 22094
Herbert Dise, Applicant, represented himself
Upon motion by Councilman Jennings, seconded by Councilman Heischober, City
Council APPROVED a Certificate of Public Convenience and Necessity in the
matter of the application of HERBERT DISE, Operator of Diamond/Yellow Cab
Companies.
APPROVAL is for ten (10) vehicles with five (5) to be released immediately
and the balance to be released as they meet the standards of the CITY'S
INSPECTION
Voting: 9-0
Council Members Voting Aye:
John A. Baum, Harold Heischober, Vice Mayor Barbara M. Henley,
H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones,
W. H. Kitchin, III, Reba S. McClanan, and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Nancy A. Creech, J. Henry McCoy, Jr.,D.D.S.
June 18, 1984
- 38 -
Item 11-M. I
RECESS INTO
EXECUTIVE SESION ITEM # 22095
In accordance with Section 2.1-344, Code of Virginia, as amended, and upon
motion by Councilman Heischober, seconded by Councilwoman Oberndorf, City
Council voted to RECESS into EXECUTIVE SESSION for discussion of Personnel
Matters, Publicly Held Property, and Legal Matters, after which to adjourn.
(4:13 p.m.)
Voting: 9-0
Council Members Voting Aye:
John A. Baum, Harold Heischober, Vice Mayor Barbara M. Henley,
H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones,
W. H. Kitchin, III, Reba S. McClanan, and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Nancy A. Creech, J. Henry McCoy, Jr.,D.D.S.
*Councilwoman Creech arrived at 4:45 p.m. during the EXECUTIVE SESSION.
June 18, 1984
39 -
Item II-M.2
ADJOURNMENT ITEM 22096
By CONSENSUS, City Council @tdjourned the meeting at 5:50 p.m.
Beverl!VO. Hooks
Deputy City Clerk
Ruth Hodges SmiEh, CMC Mayor Louis R ones
City Clerk
City of Virginia Beach
Virginia
/bh
June 18, 1984