HomeMy WebLinkAboutMAY 9, 1983 MINUTES
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"VYORLD'S LARGEST RESORT CITY"
CITY COUNCIL
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CITY COUNCIL AGENDA
May 9, 1983
ITEM I IIIFO@IAL SESSION: 12:30 D.m.
A. CALL TO ORDER - Mayor Louis R. Jones
B. ROLL CALL OF COUNCIL
C. MOTION TO RECESS INTO INFORMAL/EXECUTIVE SESSION
D. PRESENTATION/DISCUSSION OF PERTINENT MATTERS
1. Matters for discussion by Mayor.
2. Matters for di c@ussion by CouncLI,
3. Review of Plan@an@LterKs.
E. CITY IIANAGER'S ADMINISTRATIVE ITEMS:
1. Discussion of Status of Virginia Beach Landfill: Dlr. C.
Oral. Lanibert, jr., Director of Department of Public @!orks.
2. Revi.ew of Cons@nt Age@a.
ITEM II FORMAL SESSION: 2:00 p.m.
A. INVOCATION: Reverend Ponald A. Smals
Grace Brethren 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 May 2, 1983.
E. PRESENTATIONS
1. Cape Henry Woman's Club Awards - Atlantic Avenue BeauLification
-Contest.
F. CONSENT AGENDA
All matters lisled 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. There will be no
separate discussion of these items. If discussion is desired,
that item will be removed from the Coiisent Agenda and considered
separately.
1. Resolution of Public Appreciation to Charles F. Burrouglis, Jr.,
Vir@.inia P. Burroughs, Mabel B. Tyler, J. lioge Tyler, III,
Charles B. Burroughs, III, Anne B. Babcock, Bruce M. Babcock,
Richard C. Burroughs, Sandra L. Burroughs, Calvert T. Lester,
Harry T. Lester, Eleanor T. Stanton, and Robert M. Stanton
for making an unselfish dedication of eascments on their
property known as Bayville Farm to tlie Virginia Outdoors Found-
ation and the Virginia Ilistoric Landmarks Foundation.
2. Request of Southeastern Public Service Authority to hold a Public
Hearing for their Resolutioia providing for Amendment Lo their
Articles of Incorporation.
3. Ordinaiice, on FIRST READING, to accept Grants totaling $1,648
from the United States Department of Agriculture and to Appro-
priate these funds.
4. Ordinance to transfer Highway Referendum Bond Funds between
Projects. (Tbis item was deferred for one week on May 2, 1983).
5. Ordinance to Transfer Funds of $33,984 within the Departmelit of
General Services for a Stakebody Truck.
6. Ordinance to Authorize Acquisition of Property in Fee Simple for
Right of Way for Rosemont/Jacksondale Drainage Project and the
Acquisition of Temporary and Permanent Easements of Right-of-
Way, either by Agreement or by Condemiiation.
7. Ordinance to Authorize a Temporary Encroachment into a Portion
of the Right-Of-14ay of 55th Street and Meer Street to Mr. Larry
Miller, his heirs, assigns and successors in title. (Tbis
natter was deferred for one week oii May 2, 1983)
ITEM II F. CONSENT AGENDA (Cont'd).
8. Ordinance to Authorize a Temporary Encroachment into a
portion of the Right-Of-Way of 12th Street and Ocean
Avenue to Virginia Beach Patrol, its Assigns and Successors
in Title.
9. Low Bid of Southern National Leasing Corporation for the lease/
purchase of necessarv cormnunications equipment to provide Virginia
Beach Emergency MedicalServices with the capability of communi-
cating with Virginia Beach Emergency Operations Center. Southern
National Leasing Corporation offers twenty quarterly payments in
arrears at an annual interest rate of 9.25%. Quarterly payments
would be approximately $3,026.98. It is recommended that Council
authorize the City Manager to enter into the necessary agreements
for the implementation of the project.
10. Low Bid of Xerox for lease/purchase of a Xerox 3400 copier being
rented by tbe Department of Mental Health aild Mental Retardation,
with a sixtv month purcliase plan at 8% annual interest; AND,
authorize the City Manager to enter into the necessary agreements
for the implementatioll of Lhis project.
11. Low Bid of Rea Construction Company, in the amount of $5,001,380.38
for Diamond Springs Road, Phase I-A/Newtown Road, Phas@ 1-B (CIP-
2406); AND, authorize the City Mana.@er to enter into the necess-
ary agreements for the implementation of this project.
12. Request of the Commissioner of Revenue for License Refunds in the
amount of $155.39.
G. ORDTK@ANCES
1. Ordinaiices for the FY 83-84 OPERATING BUDGET.
2. Ordinance vacating and ar 1, n@e and a Portion of
Spruce Lane shown on that Certain Plat ciltitled "Resubdivision
f Cert l@n Lots or Parcels located in Block A, Replat of Rudee
lieights, Lyniihaven Borough - Virginia Beach, Vir.@inia," dated
March 22, 1983, a copy of whicli is on file iii the City Atttorney's
Office, by vacating a portion of that Plat entitled "Replat of
Rudee lieights, Princess Aniie Co. Va." dated Deceinber 1950, in
Map Book 65, at Page 46.
H. PLANNING ITEMS
1. PL@;NING ITMIS BY CONSENT
a. Applicaton of Floyd Swartz, Williani H. Barba, and James L.
Milligan for a variance to Section 4.4(b) of the Subdivision
Ordinance which requires that lot dimensions conform to the
Comprehensive Zoning Ordinance. They wish to subdivide four
existing parcels (Parcels 252-A, 253-A, 254-A, and Lot 255)
totalling 1.202 acres, located along the south side of Lake-
view Drive, 1,050 feet southwest of Brumfield Avenue, into
two lots (Bayside Borough).
1. Letter from the City Manager transmits the
recopunendation of the Planning Commission to
allow withdrawal of ttiis request.
ITEM II 11. PLANNING ITEIIS (Cont'd)
1. PLANNING ITEMS BY CONSENT (Continued)
b. Application of Joseph J. Basgie@ for a change of zoning
from R-5 Residential District to A-2 Apartment District
on a 30,492-square foot parcel located along the west
side of Pleasure House Road, north of Lake Bradford Lane
(Bayside Borough)
1. Letter from the City Manager transmits the
recommendation of the Plaiining Copmission
for approval.
C. Application of John C. AST)inwall for a conditional use
kerm-Lt for mini-warehouses on a 7,000 square foot parcel
located on the south side of Shore Drive, west of Independence
Boulevard (Bayside Borough).
1. Letter from the City Manager transmits the
recommendation of the Planning Counission
for approval.
2. PLANNING ITFMS FOR DELIBERATION
a. Application of David F. and Tina L. Ellis for the closure
of a portion of an undeveloped 30-foot right-of-way which
runs north from Hatteras Road to Citation Drive (Kempsville
Borough) City Council approved tbis request on November 1,1982,
subject to conditions. Applicant requests an extension of
thirty (30 days in order to meet these conditions.
1. Letter from tlie City Ilanager transmits the
recommendation of the Planning Commission
for approval.
b. Application of Iva I. Bowman for a variance to Sections 4.4(b)
and (d) of the Subdivision Ordinance which requires that lot
dimensions conform to the Comprehensive Zoning Ordinance and
that each lot in a subdivision have direct access to a public
street. Applicant wishes to subdivide a 3.146-acre parcel
located at the eastern extremity of Glen Arden Road (Kempsville
Borough) into three lots. The proposed parcels (A-1,A-2, and
A-3) will total 10,200 square feet, 43,315 square feet (.99
acre), and 85,560 square feet (1.9 acre), respectively.
Proposed Parcel A-1 is to serve as ingress and egress to pro-
posed Lots A-2 and A--3.
1. Letter from the City Manager transmits the
recommendation of the Planning Commission
for oval.
C. Application of Wilder Ent ies for a variance to Section 4.4
(d) of the Subdivision brdinance which requires that each lot
created in a subdivision have direct access to a public street.
Tlie applicant wishes to subdivide a 25.62-acre parcel into
three lots: B-1, B-2, and B-3. The lots will be 7.276,10,
and 8.349 acres in size, respectively. The site is located
on the south side of Virginia Beach Boulevard, east of Grove-
land Road (Lynnhaven Borough).
1. Letter from tlie City Manager transmits the
recommendation of the Planning Commission
for approval.
ITEM II H. PLANNING ITEMS (Cont'd)
2. PLANNING ITEMS FOR DELIB@TION (Continued)
d. Application of Gateway Freewill Ba2tist Church for a
conditiona ermit for a 11 home (weekend use
for military personnel) on a 25-acre parcel located along
the south side of Virginia Beach Boulevard, west of Toy
Avenue (Bayside Borough).
1. Letter from the City Manager transmits the
recommendation of the Planning Commission
for approval and the Planning Commission
furt7her recommends a waiver of the require-
ment for dedication of r@t- f@w@ on Virginia
Beach Boulevard.
e. Application of Newtown Developers, a Virginia General
Partnership, for a change of zoning from R-6 Residential
District to R-3 Residential District on a 1.6-acre parcel
located north of Connie Lane, east of Lawrence Drive
(Bayside Borough).
1. Letter from the City Manager transmits the
recommendation of the Planning Commission
for withdrawal of this request.
f. Application of Pickett Road Associates, a Virginia General
Partnership, for a change of zoning from R-6 Residential
District to R-8 Residential District on a two-acre parcel
located along the east side of Lawrence Drive, at the
eastern extremity of Daniel Smith Road (Bayside Borough).
1. Letter from the City Manager transmits the
tlie recoinmendation of tbe Planning Commission
for withdrawal of tliis request.
I. UNFINISHED BUSINESS
J. NEW BUSINESS
K. ADJOUR@IENT
1. Motion to Adjourn.
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Item fl-D.1
MINUTES ITEM # 19932
Upon motion by Councilwoman Creech, seconded by Vice Mayor Henley,
City Council voted to accept, as read, the Minutes of the Special
Meeting of April 24, 1983 and April 27, 1983, and to accept the
Munutes of the Regular Meeting of May 9, 1983, corrected as follows:
Ttem #19874
Mrs. Nan Apperton is hereby corrected to read
"Mrs. Nan Atlierton".
Mr. J. Cornette is hereby corrected to read
"Mr@. .1. Cornette'@.
Item #19867
Beginning with the fifth line of the report
by Council.woman Oberndorf on the '@Virginia
Municipal League" the sentence is corrected
to read as follows:
"There is concern that not enough is known
about the geology or hydrology regarding
the mining of uranium or the mitigation
after the groundwater )nd the @@urface water
around it and how it will be affected."
Voting: 10-0
Council @lembers Voting Aye:
John A. Batim, Nancy A. Creech, Harold Heischober,
Vice Mayor Barbara 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:
None
Council Members Absent:
I
.1. Jack Jennings, Jr.
May 16, 1983
M I N U T E S
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
May 9, 1983
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, May 9, 1983, at
Twelve Thirty-Five in the afternoon.
Council Members Present:
John A. Baum, Nancy A. Creech, 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 Absent:
None
5/9/83
-2-
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. 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 jurisdiction of the public
body.
Upon motion by Vice Mayor Henley, seconded by Councilwoman Creech,
City Council voted to proceed into the EXECUTIVE SESSION following
the TNFORMAL SESSION.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, 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
5/9/83
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I-D.1 M A T T E R S B Y T H E M A Y 0 R
ITEM #19866
Mayor Jones stated he bad no items for discussion.
I-D.2 M A T T E R S B Y C 0 U N C I L
ITEM #19867
VIRGINIA MUNICIPAL LEAGUE
Councilwoman Oberndorf reported her attendance at the Virginia Municipal
League Committee Meeting on the environment on Friday, May 6, 1983. That
committee, by unanimous vote, sent a letter to the General Assembly on
the uranium mining study underway, for which $25,000 has been appropriated.
There is concern that not enough is known about the geology or hydrology
regarding the mining of uranium. It was requested that more time be
taken in research and more opportunity allowed for public input from those
interested localities along the Roanoke River. It is feared that
Virginia Beach may be affected by the uranium mining. The state of
New Jersey has declared a five-year moratorium on any new uranium mining
there.
ITEM #19868
LINDSLEY DRIVE
Councilman Jennings reported the City staff has met with members of the
Civic League and the Developer and will be meeting again with the hopes
of reaching a friendly, equitable compromise.
ITEM #19869
LCAC
Councilman Jennings reported the meeting was postponed due to the
admission of Tom Peeling to the hospital. A 30-day extension was
granted on input. Council will be kept informed as to progress on
this matter.
5/9/83
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I-E. 1-2 M A T T E R S B Y C I T Y M A N A G E R
ITEM #19870
VIRGINIA BEACH LANDFILL
City Manager Muehlenbeck advised SPSA will make a presentation next week.
Oral Lambert, Jr., Director of Department of Public Works, gave a pre-
sentation on the Status of Virginia Beach Landfill. He explained the
proximity of the landfill to E. V. Williams' borrow pit (lake) which can
be seen from Centerville Turnpike.
From 1967 to 1971, the City of Virginia Beach disposed of its refuse at
a landfill we now refer to as Mt. Trashmore Park. After the closing of
Mt. Trashmore, the City acquired 111 acres off Centerville Turnpike.
In 1979, the City began to look at the Ill acres of landfill to determine
how much longer it would accommodate the City and it was concluded that
it had a life expectancy of approximately eight years. The overall master
plan in 1979 was started to incorporate solid waste from Virginia Beach.
The City of Virginia Beach was dealing with the City of Norfolk to provide
an interim disposal for them, as well as negotiating with SPSA for dis-
posing of ash and residue from the Resource Recovery Plant. At that time,
it was determined that an additional 262 acres would be sufficient to
handle refuse from Virginia Beach residents for 15 years (with a four-
year contract with the City of Norfolk). That same space would accommo-
date SPSA and its ash and residue for a period of 25-30 years.
In 1982, the City acquired 123 of the 162 acres, 85 acres of which were
paid for by the City of Norfolk (that was the amount of acreage necessary
to accommodate them for the four-year contract we have with them). The
City of Virginia Beach is now in the process of acquiring the remaining
139 of the 262 acres.
Black and Veatch, Consulting Engineers, were used to prepare a landfill
design for the City to assist in obtaining a permit from the State Health
Department. In 1982 the master design was completed. In February 1983
a permit was received to operate a sanitary landfill over the entire
373-acre tract.
There are only two active landfill permits in the Commonwealth of Virginia
and we have one of them. Our pennit requires the City to close the
existing hill by providing a three-foot clay liner over the hill as a
groundwater protection measure to keep the rain from penetrating the hill.
The City is in the process of closing the existing hill. Once it is
closed, The City will start another hill beside it and work in cells.
Ultimately, the City will construct another hill over this one. The top
of the hill will be 150 feet. By comparison, Mt. Trashmore Park is
approximately 60 feet.
A clay liner will be provided for the new area. As rainwater penetrates
the refuse and as it gets to the clay it will run off and into a collection
system where it can be properly treated to permit it from getting into the
groundwater.
An agreement with the City of Norfolk (July 1980 to December 1984)
has a one-year extension with a provision tied to the availability of
SPSA. At the end of the four-year period, all charges by contract would
have to be renegotiated. Financial terms of that agreement call for
Norfolk to reimburse the City of Virginia Beach for the cost of the 85
acres of additional land which was required. Norfolk also paid for the
additional equipment to handle the refuse. They began paying $5.88 per
ton in 1980; that figure is adjusted annually in accordance with the CPIW.
Norfolk is now paying $6.92 per ton. Since the beginning of the contract,
Norfolk has delivered 528,000 tons of refuse to this landfill.
5/9/83
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ITEM #19870 (continued)
Negotiations with SPSA with regard to the asb and residue contract are
on-going. Durwood Curling, Director of SPSA, is scheduled to brief the
City on their operations next week.
The City of Virginia Beach is receiving approximately 450,000 tons per
year (brought in by over 500 vehicles per day), generating approximately
$200,000 per month in revenue (includes revenue from the City of Norfolk).
The present charge for dumping at the landfill is $6.75 per ton (applies
to commercial haulers in the City of Virginia Beach). Individual home-
owners are not charged.
The City is presently clearing 30 acres for the first-phase expansion of
the landfill and is clearing 10 acres of the proposed new lake (which will
serve as a borrow pit to provide cover material for the landfill).
The overall project over 20-30 years will be completed in five phases
(will build around the existing hill in several phases, and the final
phase will be capped off with the additional 75 feet mentioned previously).
The City expects a cost of approximately $10 million to comply with the
environmental considerations and to keep the landfill in accordance with
the approved design.
If the City does not go with SPSA or some other type of disposal, it
has, with the acquisition of 262 acres, 15 years of life for landfilling
operations on that site.
Under the initial contract that was being negotiated with SPSA, they
would handle our refuse. If the City continues with that approach, it
would handle their ash and residue. The City's contract with them would
have been a 30-year contract.
This landfill will last 30 years for ash and residue.
If the City's negotiations with SPSA materialize, 30 years is a reasonable
time for which to be planning.
E. V. Williams' borrow pit will serve as a buffer between our refuse and
Centerville Turnpike. An agreement has been reached between the City and
E. V. Williams to tie the two lakes together.
ITEM #19871
CONSENT AGENDA
City Manager Muehlenbeck reported additional information on the Runnymede
Corporation. He indicated on a map the drainage easement that would
be dedicated to the City. This is Item 6 on the Consent Agenda. It is
requested that Council authorize utilization of funds to acquire the
drainage easement.
ITEM #19872
AGENDA DATE POLL
Add On
City Manager Muehlenbeck reported he had completed the poll of City
Council, as requested, regarding the Agenda output of Council meetings.
Thursday was determined to be the most acceptable day by the majority of
Council members. In response to the question as to problems incurred in
getting out the Agenda on Wednesday, it was noted that there were two
negative items -- (1) Ordinances from the City Attorney's office being
turned around within a day; and, (2) Verbatims are sometimes requested
the following day of a Council meeting.
5/9/83
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ITEM #19873
BILLBOARDS
Add On
City Manager Muehlenbeck stated we have 18 applications for billboards
which need to be discussed with the Planning Commission. He stated
that, with Council's concurrence, he would like to formulate a Task
Force (consisting of representatives from the Chamber of Commerce (1),
Council of Garden Clubs (1), Beautification Committee (1), City Council
(2), Planning Department (1), Traffic Department (1)). He would like the
information the end of this month or early June.
Mayor Jones asked Councilwomen McClanan and Creech to represent Council.
ITEM #19874
KE24PSVILLE COUNTY UTILITIES
Add On
City Manager Muehlenbeck stated there have been requests for citizen
representation on a Task Force regarding Kempsville County Utilities
and how that property can best be used. The following representatives
are suggested:
Mrs. Nan Apperton
Mrs. Margie Rice
Mr. Marty Minzell
Mr. J. Cornette
It was suggested that the Chairman of Parks and Recreation be a representa-
tive.
Councilwoman McClanan suggested the Task Force consist of people from the
two areas perhaps the President of the Civic Leagues in the areas.
ITEM #19875
ORDINANCE BUDGET
Add On
A correction was noted on page three (next to the last sentence on the
page -- "retained fund balance at 6/30/83...."). The date should read
6/30/82.
ITEM #19876
AGENDA
Add On
Councilwoman Creech posed the question of the possibility of receiving the
Agenda a week prior to the Council meeting (possibly during the month in
which we have five weeks). The City Manager stated that a discussion had
already been held with the staff and it was concluded that only Planning
items are prepared in advance. It was reiterated that a "poll of Council
members" was sought and this was accomplished.
This item will be moved under "Unfinished Business."
5/9/83
- 7-
ITEM #19876-.
PLAT VACATION
Add On
Referring to item II-G.2, Councilwoman McClanan suggested a public
notice be posted; i.e., a sign on the property.
City Council RECESSED into EXECUTIVE SESSION at One Twenty in the afternoon.
5/9/83
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F 0 R M A L S E S S I 0 N
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
May 9, 1983
2:00 p.m.
Council Members Present:
John A. Baum, Nancy A. Creech, 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:
None
INVOCATION: Reverend Ronald A. Smals
Grace Brethren Church
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE LTNITED STATES OF AMERICA
5/9/83
-9-
Item II-D.1
MINUTES ITEM #19877
Upon motion made by Councilwoman Oberndorf, seconded by Vice Mayor
Henley, the City Council APPROVED the Minutes of May 2, 1983, as
corrected:
Resolution presented by the Presidents of the Coalition of Minority
Civic Leagues and United Council of Citizens and Civic Leagues is to
be incorporated as a part of the proceedings in Item No. 19855 on May 2,
1983.
Further, Councilwoman Oberndorf asked that the City Attorney render,
on May 16, 1983, his opinion concerning the boundary line of Newsome
Farms and advise Council concerning the RECONSIDERATION of the applica-
tion for a CRANGE OF ZONING, Margaret R. Mills and Garphine E. Smith
from R-6 Residential District to A-1 Apartment District, Bayside Borough
(approved by City Council April 11, 1983). (On April 18, 1983 Council
voted to reconsider this application and on April 25, 1983, Council
voted to rescind that action.)
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober,
Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr.,
Mayor Louis R. Jones, Robert G. Jones, W. H. Kitcbin,
III, Reba S. McClanan, J. Henry McCoy, Jr., D.D.S.,
and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
5/9/83
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Item II-E.1
PRESENTATION ITEM #19878
Mayor Jones made a Presentation of Awards, as requested by the Cape
Henry Woman's Club, to the following winners in the Atlantic Avenue
Beautification Contest:
Landscaping THE LIGHTHOUSE (accepted
by Robert Herman)
Window Display/
Improve Atlantic Avenue T-BODY'S, INC. (accepted
by Ellen Moran)
Exterior Appearance THUNDERBIRD MOTOR LODGE
(accepted by Ted Rivers)
Also recognized were Dot Traub, President, Cape Henry Woman's Club;
Patricia H. Stolle, Chairman, Beautification Contest; and Crezia Reed,
Senior Member, Cape Henry Woman's Club.
PRESENTATION
ADD ON ITEM #19879
Dr. George Stallings, representing himself, presented to City Council
booklets entitled, "Right to Keep and Bear Arms."
PRESENTATION
ADD ON ITEM #19880
A framed Resolution was presented to Richard C. Burroughs, representing
the Burroughs family, regarding Public Appreciation for dedication of
easements at Bayville Farm.
5/9/83
Item II-F
CONSENT AGENDA ITEM #19881
Upon motion by Councilman Heischober, seconded by Councilwoman Creech,
City Council voted to uphold the recommendation of the City Manager
and ADOPT the CONSENT AGENDA by ONE MOTION.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, 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;
None
5/9/83
-12-
-Item II-F.1 ITEM #19882
Upon motion by Councilman Heischober, seconded by Councilwoman Creech,
City Council voted to uphold the recommendation of the City Manager
and ADOPT the Resolution of Public Appreciation to Charles F. Burroughs, Jr.,
Virginia P. Burroughs, Mabel B. Tyler, J. Hoge Tyler, III, Charles B.
Burroughs, III, Anne B. Babcock, Bruce M. Babcock, Richard C. Burroughs,
Sandra L. Burroughs, Calvert T. Lester, Harry T. Lester, Eleanor T.
Stanton, and Robert M. Stanton for making an unselfish dedication of
easements on their property known as Bayville Farm to the Virginia Out-
doors Foundation and the Virginia Historic Landmarks Foundation.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, 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:
None
5/9/83
-13-
A meeting of the Council of the City of Virginia Beach,
Virginia, was held in the Council Chambers, in the Administration
Building, on the -9th day of _May , 1983.
On motion by __ Councilman Heischober and seconded
@IT6 inq
by Councilwoman Creecb t7e- o w esolution was
ad p@tecT.----
R E S 0 L U T I 0 N
WHEREAS, Charles F. Burroughs, Jr., Virginia P.
Burroughs, Mabel B. Tyler, J. Hoge Tyler, III, Charles F.
Burroughs, III, Anne B. Babcock, Bruce M. Babcock, Richard C.
Burroughs, Sandra L. Burroughs, Calvert T. Lester, Harry T.
Lester, Eleanor T. Stanton, and Robert M. Stanton, hereinafter
sometimes referred to as "Grantors," have executed a Deed of Gift
of Easement granting easements on their property known as
Bayville Farm, located in the Bayside Borough of the City of
Virginia Beach, Virginia, to the Virginia Outdoors Foundation and
the Virginia Historic Landmarks Commission; and
WHEREAS, the easements granted to the Virginia Outdoors
Foundation and the Virginia Historic Landmarks Commission
restrict future development of the three hundred (300) acre farm
and provide for the preservation of the 18th Century Manor House
located thereon; and
WHEREAS, as a result of the Grantor's unselfish and
gratuitous act, the 18th Century Manor House, listed on the
National Register of Historic Places, will be preserved and the
three hundred (300) acre farm will be maintained as such for
future generations; and
WHEREAS, the preservation of the Manor House and farm
will enhance the Bayside Borough of the City of virginia Beach by
providing open and spacious farmland in the heart of one of the
most beautiful boroughs of the City of virginia Beach.
NOW, THEREFORE, BE IT RESOLVED:
That the Council of the City of Virginia Beach,
Virginia, wishes to publicly recognize and thank Charles F.
Burroughs, Jr., Virginia P. Burroughs, Mabel B. Tyler, J. Hoge
Tyler, III, Charles B. Burroughs, III, Anne B. Babcock, Bruce M.
Babcock, Richard C. Burroughs, Sandra L. Burroughs, Calvert T.
5/9/83
14
-13a-
Lester, Harry T. Lester, Eleanor T. Stanton, and Robert M.
Stanton for making an unselfish dedication of easements on their
property known as Bayville Farm in the Bayside Borough of the
City of Virginia Beach, Virginia, to the Virginia Outdoors
Foundation and the virginia Historic Landmarks Foundation.
BE IT FURTHER RESOLVED:
That the City Clerk spread a copy of this Resolution
upon the record of the Formal Session of the Virginia Beach City
Council.
Adopted by the Council of the City of Virginia Beach,
virginia, on May. 9 -1 1983.
RJN/da
5/3/83
(2)
-2-
5/9/83
-14-
Item II-F.2 ITEM #19883
Upon motion by Councilman Heischober, seconded by Councilwoman Creech,
City Council voted to uphold the recommendation of the City Manager
to hold a PUBLIC HEARING (May 23, 1983) for Southeastern Public Service
Authority's Resolution providing for Amendment to their Articles of
Incorporation (regarding the Suffolk landfill).
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, 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;
None
5/9/83
- 15-
Item II-F.3 ITEM #19884
Upon motion by Councilman Heischober, seconded by Councilwoman Creech,
City Council voted to uphold the recormnendation of the City Manager
to APPROVE, on FIRST READING, Ordinance to accept Grants totaling
$1,648 from the United States Department of Agriculture and to appro-
priate these funds.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, 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:
None
5/9/83
- 16-
AN ORDINANCE To ACCEPT
TCTALING $1,648
FROM THE LU= STATES
DEPARTMENT OF AGRICULTLIRE
AND TO APPROPRIATE THESE
City Council is interested in the quality of day care
provided by the Pendleton Child Service Center (PCSC), and
WHEREAS, the United States Departn,.--nt of Agriculture (USDA) has
awarded grants of $1,582 for kitchen equiprnent and $66 for a solid waste
collection service for the PCSC.
NOW, RE, BE IT ORDA= BY THE COUNCIL OF THE CrN OF VIRGINIA
BEACH:
That the funds from the aforanentioned grants be accepted and $1,648
hereby appropriated for PCSC.
BE IT ORDADM that the $1,648 in additional appropriatims
be financed by $1,648 in estimated revenues fran the USDA.
FIRST RFADING:
SECOND READING:
Adopted by the Council of the City of Virginia Beach on the day
of 1983.
A!)PI-OVED TO ot4TENT
-17-
Item II-F.4 ITEM #19885
Upon motion by Councilman Heischober, seconded by Councilwoman Creech,
City Council voted to uphold the recommendation of the City Manager
to ADOPT an Ordinance to transfer Highway Referendum Bond Funds
between Projects.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, 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:
None
5/9/83
-18-
AN ORDINANCE TO TRANSFER IIIGHWAY
REFERENDUNT BOND FUNDS BETWEEN
PROJECTS
WHEREAS, on August 27, 1980 City Council authorized
$22,900,000 Highway Referendu, B,nds 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
latest cost estimates from the Department of Public Works,
there is a need to transfer these funds among the 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 83-87 Capital Improvement Program.
NOW, TIIEREFORE, SE IT ORDAINED BY THE COUNCIL OF
THE CITY OF VIRGINIA BEACH that 1980 Highway Referendum
Bond funds be transferred between projects in the following
manner:
Project
Transfer From:
2-705 Bonney Road $ 351,800
2-804 North Beach Storm Drainage Phase II 35,575
2-805 Kempsville Road Phase 1 1,782,752
Transfer To:
2-306 General Booth Boulevard Pbase I 1,850,002
2-806 Indian River Road Phase II 320,125
Total Change $ -0-
Adopted by the Council of the City of Virginia Beach on
the day of , 19
-19-
Item II-F.5 ITEM #19886
Upon motion by Councilman Heischober, seconded by Councilwoman Creech,
City Council voted to uphold the recommendation of the City Manager
to APPROVE an Ordinance to transfer funds of $33,984 within the
Department of General Services for a Stakebody Truck.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, 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 Membe.rs Voting Nay:
None
Council Members Absent:
None
5/9/83
- 20-
AN ORDINANCE TO TRANSFER
FUNDS OF $33,984 WITHIN
THE DEPARTMENT OF GENERAL
SERVICES FOR A STAKEBODY
TRUCK
WHEREAS, the Department of General Services/
Landscape Services division among its many functions
cleans the city beach--s, and
WHEREAS, the Department has found that to
adequately perform this function on a daily basis
requires three trucks which require considerable
maintenance, and
WHEREAS, Automotive Services and the Department
of General Servic(@s have concluded that there is a
need to replace one of these trucks, which was not
budgeted for replacement, due to unusually high
maintenance costs, and
WHEREAS, the purchase price of a four-wheel
drive stakebody truck is approximately $33,984 and
the Department of General Services has the available
funds within its budget mainly from temporary
personnel salaries and overtime.
NOW THEREFORE BE IT ORDAINED BY -IIE COUNCIL OF
THE CITY OF VIRGINIA BEACH that funds of $33,984 be
transferred from available sources within the operating
budget of the Department of General Services for the
purchase of a stakebody truck.
Tbis ordinance shall be effective from the date
of its adoption.
Adopted by th(', Council of the City of Virginia
Beach, Virginia on 9th day of May 1983.
FIRST READING: May 9, 1983
-21-
Item Il-F.6 ITEM #19887
Upon motion by Councilman Heischober, seconded by Councilwoman Creech,
City Council voted to uphold the recommendation of the City Manager
to ADOPT an Ordinance to authorize acquisition of property in fee
simple for right-of-way for Rosemont/Jacksondale Drainage Project and
the acquisition of temporary and permanent easements of right-of-way,
either by agreement or by condemnation.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, 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:
None
5/9/83
-22-
AN ORDINANCE TO AUTHORIZE ACQUISITION OF PROPERTY
IN FEE SIMPLE FOR RIGHT OF WAY FOR ROSEMONT/
JACKSONDALE DRAINAGE PROJECT AND THE ACQUISITION
OF TEMPORARY AND PERKANENT EASEMENTS OF RIGHT OF
WAY, EITHER BY AGREEMENT OR BY CONDEMNATION.
WHEREAS, in the opinion of the Council of the City of
Virginia Beach, Virginia, a public necessity exists for the
construction of this important project to provide drainage and
for other public purposes for the preservation of the safety,
health, peace, good order, comfort, convenience, and for the
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, Rosemont/Jacksondale Drainage Plans, 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 9thday of
JAR/Sm
4/18/83
(9)
-22a-
DRAINAGE DEvELOpMENT.AGREEMENT
THIS AGREEMENT, made this day of
1983, by and between THE RUNNYMEDE CORPORATION, a Virgini&
corporation, and and
individuals, parties of the fir.st part, and
THE CITY OF VIRGINIA BEACH, VIRGINIA, a municipality in the State
of virginia, party of the second part.
WHEREAS, the City of Virginia Beache and the Runnymede
Corporation, desire to facilitate the improvement of drainage
north and south of the toll road, at the site located at the
Rosemont/Jacksondale subdivision; and
WHEREAS, the parties hereto wish to enter into a joint
Development Agreement to acquire and construct a drainage ditch
right-of-way parallel to Route 44 in the Rosemont/Jacksondale
subdivision of Virginia Beach; and
WHEREAS, the parties hereto wish to define their
responsibilities to each other.
NOW, THEREFORE, in consideration of the mutual covenants
herein contained, the parties agree as follows:
1. The party of the second part shall acquire by
purchase those lands or easements necessary for the construction
a 60 foot right-of-way fer a drainage ditch, at its sole
expense, through negotiation or by exercise of its power of
eminent domain as set forth in a certain plat attached hereto and
incorporated herein by reference and known as the A-B section
(marked in red).
2. The party of the first part and the party of the
second part will equally share the engineering cost to plan,
survey, and plat the right-of-way for acquisition and
development.
3. The party of the first part shall, at Its sole
expense, construct said -r4.ght@f@ary in accordance with the plans
approved by the party of the second part.
4. The parties agree that said right-of-way shall
consist of a 60 foot wide right-of-way with a 50 fc>ot wide
drainage ditch, approximately four feet deep, and extend
-22b-
approxiMately 1,250 feet between points A and 8 as set fo,th in
the attached plat, marked Exhibit 'A', and incorporated herein by
reference.
S. The party of the second part shall seek the
agreement of the property owners adjacent to said improvement to
participate in the recovery of the portions of the cost of this
project in relation to the drainage benefits derived by said
adjacent property owners. The cost of said recovery shall be
apportioned between the parties as funds are received on a
pro-rata basis. For example, the sums expended and to be
expended shall be totaled and each party shall participate based
upon his percentage of contribution to the total expended or to
be expended. In the event said adjacent owners decline to
participate voluntarily, the cost of said project shall be borne
by the parties and the participation of others shall not be a
condition precedent to the other terms of this agreement.
6. The party of the first part shall post with the City
of Virginia Beach a bond or letter of credit in an amount, as
determined by the Public Works Department of the City of Virginia
Beach, to cover its (first party's) cost of participation in this
project. The bond or letter of credit is to be released upon the
satisfactory completion and acceptance of the improvements.
7. This Agreement shall be binding upon and inure to
the benefit of the parties hereto and their successors, assigns,
personal representatives, grantees, legal representatives,
estates, heirs, and legatees.
8. This Agreement constitutes the entire agreement
between the parties with respect to the development of right-of-
way and no waiver or modification of any of the terms or
conditions hereof shall be valid unless reduced to writing and
signed by all of the parties hereto.
9. The parties hereto agree that the laws of the State
of Virginia shall govern all of their rights and duties under
this Agreement, including, without limitation, the validity of
this Agreement, the capacity of the parties hereto, the form of
-2-
-22c-
thO 4greement, the int rpretation
s concerning of 'ts langlage,
qUestiOn and On.,
its Perf.r.ance and discharge.
IN WITNESS WHEREope the Parties hereto h&ve each causet
this Agreement to be executed by their pr Per representatives as
Of the day and Year first above written. *
C'Ty OP VIRGINIA BLIACH, VIRGINI
BY
o"as ". 14ue en e,
CitY Manager
THE RUNNYMEDE CORPORITZON
By
- P ne, le- r-I ent
v ua y
-V U. y
STATE OP VIRGINIA v ua y
CITY OF
to-wit:
and for the a NOtary Public in
THOMAS H. City and State aforeaid, do hereby certify that
MUEHLENBECK, CITY 14ANAGER, on behalf of the City of
Virginia Beach whose name as such is -ig.ed to the fore,,(,Ing
Agreement, bearing date on the day of
1983# has acknowledged the s-e before me in Y City and State
aforesaid.
GIVEN under my hand this - day of
1983.
otary u c
MY COmmission Expires,
-3-
-22d-
STATE OF VIRGINIA
CITY OF to-wit:
I, Notary Public Ln and
for the City and State aforesaid, do hereby-certify that MORRIS
H. FINE, Vice-President for The Runnymede Corporation, whose
name as such is signed to the foregoing Agreement, bearing date
on the day of , 1983, has acknowledged
the same before me in my City and State aforesaid.
GIVEN under my hand this day of
1983.
Notary PU ic
My Commission Expires:
STATE OF VIRGINIA
CITY OF to-wit:
a Notary Public in
and for the City and State aforesaid, do hereby certify that
, individually, whose name as such is signed
to the foregoing Agreement, bearing date on the - day of
, 1983, has acknowledged the same before me in my
City and State aforesaid.
GIVEN under my hand this day of
.1983.
Notary Pub c
My Commission Expirest
-4-
-22e-
STATE OF VIRGINIA
CITY OF
to-wit:
a Notary Public In
and for the City and State aforesaid, do hereby certify that
individually, whose name as such is signed
to the foreqoing Agreement, bearing date on the day of
1983, has acknowledged the same before me in my
City and State aforesaid.
GIVEN under my hand this day of
1983.
Nota
My Commission Expires:
STATE OF VIRGINIA
CITY OF to-wit:
1, I a Notary Public in
and for the City and State aforesaid, do hereby certify that
, individually, whose name as such is signed
to the foregoing Agreement, bearing date on the day of
1983, has acknowledged the same before me in my
City and State aforesaid.
GIVEN under my hand this day of
.1983.
Wo-tary Public
My Commission Expires:
JAR/sm
4/25/83
(48.17) IKPPP.OVID AS TO CONTENT.
TO FC),Z:%i
rjiy A-,-,3aNEY
-23-
Item 11-F.7 ITEM #19888
Upon motion by Councilman Heischober, seconded by Councilwoman Creech,
City Council voted to uphold the recommendation of the City Manager
to ADOPT an Ordinance to authorize a temporary encroachment into a
portion of the right-of-way of 55th Street and Meer Street to
Mr. Larry Miller, his heirs, assigns and successors in title.
Voting; 11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, 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:
None
5/9/83
- 24-
Requested By Department of Public Works
AN ORDINANCE TO AUTHORIZE A TEMPORARY
ENCROACHMENT INTO A PORTION OF THE
RIGHT-OF-WAY OF 55TH STREET AND MEER
STREET TO MR. LARRY MILLER, HIS
HEIRS, ASSIGNS AND SUCCESORS 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, Mr. Larry Miller, his heirs, assigns and successors in
title is authorized to construct and maintain a temporary
encroachment into the right-of-way of 55th Street and Meer
Street.
That the temporary encroachment herein authorized is
for the purpose of erecting and maintaining two private 2" PVC
sanitary sewer lines and that said encroachment shall be erected
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 55th
Street and Meer Street, on that certain
plat entitled: 'Proposed Sanitary Sewer
Extension Private Force Main," a copy of
which is on file in the Department of
Public Work 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 Mr. Larry Miller, his 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 55th Street and Meer Street and that Mr. Larry
miller, his heirs, assigns and successors in title shall bear all
costs and expenses of such removal.
-24a-
AND, PROVIDED FURTHER, that it is expressly understood
and agreed that Mr. Larry Miller, his heirs, 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, that this ordinance shall not be
in effect until such time that Mr. Larry Miller 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 9th- day of May 19 83
MES/re
4/22/83
(29D)
0
A i@',Z 'dE.D A@,
SIGNATI@k'
DYPIIIII;@"@--
APpRC)VED AS TO POR@.@
CITY AfTC,'@@'Fy
-2-
-25-
Item 11-F.8 ITEM #19889
Upon motion by Councilman Heischober, seconded by Councilwoman Creech,
City Council voted to uphold the recomme.d.tion of the City Manager
to ADOPT an Ordinance to authorize a temporary encroachment into a
portion of the right-of-way of 12th Street and Ocean Avenue to
Virginia Beach Patrol, its Assigns and Successors in Title.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, 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:
None
5/9/83
-26-
Requested By Department of Public Works
AN ORDINANCE TO AUTHORIZE A TEMPORARY
ENCROACHMENT INTO A PORTION OF THE
RIGHT-OF-WAY OF 12TH STREET AND OCEAN
AVENUE TO VIRGINIA BEACH PATROL, ITS
ASSIGNS AND SUCCESORS 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, Virginia Beach Patrol its assigns and successors in
title is authorized to construct and maintain a temporary
encroachment into the right-of-way of 12th Street and Ocean
Avenue.
That the temporary encroachment herein authorized is
for the purpose of constructing and maintaining an information
and communications building 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 12th
Street and Ocean Avenue, as shown on
certain plats entitled: "Plat Showing
Encroachment of Virginia Beach Patrol A
and B' copies of which are 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 Virginia Beach Patrol, its 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 12th Street and Ocean Avenue and that Virginia
Beach Patrol, its assigns and successors in title shall bear all
costs and expense of such removal.
AND, PROVIDED FURTHER, that it is expressly understood
and agreed that Virginia Beach Patrol, its assigns and successors
-26a-
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 encroach,ent.
AND, PROVIDED FURTHER, that this ordinance shall not be
in effect until such time that Virginia Beach Patrol 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 9th day of Ma 1983
MES/sm
5/3/83
(29D)
T
-MNIkTURE
DEPARTMENT
S I RII
C:TY @7
-2-
5/9/83
- 27-
.Item II-F.9 ITEM #19890
Upon motion by Councilman Heischober, seconded by Councilwoman Creech,
City Council voted to uphold the recommendation of the City Manager
to APPROVE the low bid of Southern National Leasing Corporation for
the lease/purchase of necessary communications equipment to provide
Virginia Beach Emergency Medical Services with the capability of
communicating with Virginia Beach Emergency Operations Center; and,
authorized the City Manager to enter into the necessary agreements
for the implementation of the project.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, 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:
None
5/9/83
-28-
Item II-F.10 ITEM #19891
Upon motion by Councilman Heischober, seconded by Councilwoman Creech,
City Council voted to uphold the recommendation of the City Manager
to APPROVE the low bid of Xerox for lease/purchase of a Xerox 3400
copier being rented by the Depattment of Mental Health and Mental
Retardation, with a sixty-month purchase plan at 8% annual interest;
and, authorized the City Manager to enter into the necessary agree-
ments for the implementation of this project.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, 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:
None
5/9/83
-29-
Item II-F.11 ITEM # 19892
Upon motion by Councilman Heischober, seconded by Councilwoman Creech,
City Council voted to uphold the recommendation of the City Manager
to APPROVE the low bid of Rea Construction Company in the amount of
$5,001,380.38 for Diamond Springs Road, Phase 1-A/Newtown Road, Phase
1-B (CIP-2406); 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, 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:
None
5/9/83
- 30-
Item II-F.12 ITEM # 19893
Upon motion by Councilman Heischober, seconded by Councilwoman Creech,
City Council voted to uphold the recommendation of the City Manager
to ADOPT an Ordinance authorizing license refunds upon application
of certain persons and upon certification of the Commissioner of the
Revenue ($155.39).
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, 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:
None
5/9/83
- 30a
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 certificatio
of the Commissioner of the Revenue are hereby approved:
LICENS9- DATE
NAME YEAR PAID BASE PENALTY INT. TOTA
Perry, Boden J. 1979/80 4/7/82 155.39 155.@
Duplicate Payment
Certified as to Payment:
Commissioner of Revenue
APproved as to form:
son
ey
The above abatement(s) totaling $ 1-95.39 - were approved by the
council of the City of Virginia Beach on the-9th day of May
19
Ruth Hodges Smith
City Clerk
APR 2z Ippi
DEPT. OF I-.AW
-31-
Item 11-G.1
ORDINANCES FOR THE FY 83-84
OPERATING BUDGET - First Reading ITEM #19894
The following spoke on the proposed Budget Ordinances:
Robert Herman spoke in favor of the reduction of meal tax.
William R. Miller, III, of the Virginia Beach Restaurant Association,
spoke in favor of the reduction of meal tax.
Sam Houston spoke with reference to exemptions for the elderly. He
serves on the Mayor's Committee on Aging.
ITEM #19895
Upon motion by Councilman McCoy, seconded by Councilwoman Creech, an
Amendment to restore the full contribution of $250,000 to Eastern
Virginia Medical School was APPROVED.
Voting: 7-4
Council Members Voting Aye:
Nancy A. Creech, Harold Heischober, Vice Mayor
Barbara M. Henley, Mayor Louis R. Jones, Robert G.
Jones, J. Henry McCoy, Jr., D.D.S., and Meyera E.
Oberndorf
Council Members Voting Nay:
John A. Baum, H. Jack Jennings, Jr., W. H. Kitchin, III,
and Reba S. McClanan
Council Members Absent:
None
5/9/83
-32-
ITEM #19896
Upon motion by Councilman McCoy, seconded by Councilwoman Creech, an
Amendment to delete funding of the High Constable's Office through the
City Treasurer's Budget; and, further, not to fund the Budget request
for four additional positions in the City Treasurer's Office at Level 4
was APPROVED.
Voting: 6-5
Council Members Voting Aye:
Nancy A. Creech, Mayor Louis R. Jones, Robert G. Jones,
Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and
Meyera E. Oberndorf
Council Members Voting Nay:
John A. Baum, Harold Heischober, Vice Mayor Barbara M.
Henley, B. Jack Jennings, Jr., and W. H. Kitchin, Ill
Council Members Absent:
None
5/9/83
-33-
ITEM #19897
Upon motion by Councilman McCoy, seconded by Councilwoman McClanan,
an Amendment to restore the one percent (1%) meal tax was LOST due
to negative votes.
Voting: 3-8
Council Members Voting Aye:
Mayor Louis R. Jones, Reba S. McClanan, and
J. Henry McCoy, Jr., D.D.S.
Council Members Voting Nay:
John A. Baum, Nancy A. Creech, Harold Heischober,
Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr.,
Robert G. Jones, W. H. Kitchin, III, and Meyera Oberndorf
Council Members Absent:
None
5/9/83
-34-
ITEM #19898
Upon motion by Councilman Heischober, seconded by Councilwoman Creech,
an Ordinance to amend and reordain Chapter 35, Article TI, Division 3,
of the Code of the City of Virginia Beach relating to real estate tax
deferral for certain elderly and handicapped persons was DEFERRED for
30-60 days.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober,
Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr.,
Mayor Louis R. Jones, Robert G. Jones, W. H. Kitchin,
IIT, Reba S. McClanan, J. Henry McCoy, Jr., D.D.S.,
and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
5/9/83
-35-
ITEM #19899
A motion was made by Councilman Jones, seconded by Councilwoman McClanan,
with reference to the Data Processing Budget Division to amend: Page 5
of the handout by eliminating $141,889 for the Automated Office Systems
Division of Data Processing; and, to suspend, for the time being, ordering
of word processing equipment for the Departments of Personnel, Public
Works and Planning, until a report is received from the consultant.
Councilwoman Oberndorf offered a substitute motion, seconded by Council-
man Jones, to approve: (a) escrow funding of Automated Office Systems
Division of Data Processing; and, (b) temporarily suspend any orders
for word processing equipment in the Departments of Personnel, Public
Works and Planning -- until City Manager and staff can make the necessary
studies and recommendations for FY 83-84 Budget.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober,
Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr.,
Mayor Louis R. Jones, Robert G. Jones, W. H. Kitchin,
IIT, Reba S. McClanan, J. Henry McCoy, Jr., D.D.S.,
and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
5/9/83
-36-
ITEM #19900
Upon motion by Councilman McCoy, seconded by Councilwoman Creech, an
Ordinance making appropriations for the fiscal year beginning July 1,
1983 and ending June 30, 1984, in the sum of Two Hundred Ninety-Two
Million, Eight Hundred Ninety-Eight Thousand, Nine Hundred Fifty Dollars
($292,898,950) for operations and Ninety-Three Million, Nine Hundred
Fifty-Eight Thousand, Nine Hundred Twenty-Three Dollars ($93,958,923)
in interfund transfers and regulating the payment of money out of the
City Treasury, as amended, was APPROVED.
Voting: 10-1
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober,
Vice Mayor Barbara M. Henley, 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:
H. Jack Jennings, Jr.
Council Members Absent:
None
5/9/83
-3 7-
AN ORDINANCE MAKING APPROPRIATIONS FOR THE
FISCAL YEAR BEGINNING JULY 1, 1983 AND ENDING
JUNE 30, 1984, IN THE SUM OF TWO HUNDRED
NINETY-TWO MILLION, EIGHT HUNDRED NINETY-EIGHT
THOUSAND, NINE HUNDRED FIFTY DOLLARS ($292,898,950)
FOR OPERATIONS AND NINETY-THREE MILLION, NINE
HUNDRED FIFTY-EIGHT THOUSAND, NINE HUNDRED
T14ENTY-THREE DOLLARS ($93,958,923) IN INTERFUND
TP,ANSFERS AND REGULATING THE PAYMENT OF MONEY OUT
OF THE CITY TREASURY, AS AMENDED.
WHEREAS, the City Manager has heretofore submitted to the Council an Annual
Budget for Lhe City for Llie fiscal year be6innin@ July 1, 1983, and endin.
June 30, 1984, and it is necessary to appropriate sufficient funds to cover said
budget.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA:
Section 1. That the amounts named aggregating THREE HUNDRED EIGHTY-
SIX MILLION, EIGHT HUNDRED FIFTY-SEVEN THOUSAND, EIGHT HUNDRED SEVENTY-THREE
DOLLARS ($386,857,873) consisting of NINETY-THREE MILLION, NINE HUNDRED
FIFTY-EIGHT THOUSAND, NINE HUNDRED TWENTY-THREE DOLLARS ($93,958,923) in inter-
fund transfers and TWO HUNDRED NINETY-TWO MILLION, EIGHT HUNDRED NINETY-EIGHT
THOUSAND, NINE HUNDRED FIFTY DOLLARS ($292,898,950) for operations or so much
thereof as may be necessary as set forth in the Annual Budget for the fiscal year
1983-84, are hereby appropriated subject to the conditions hereafter set forth,
for the year 1983-84, for the use of the several departments and specially
designated funds of the City Government, and for the purposes hereafter men-
tioned, as set forth in said Annual Budget, which is hereby incorporated by
reference, for the fiscal year beginning July 1, 1983 and ending June 30, 1984 as
follows:
Budget
Item of Expenditures 1983-1984
GENERAL FUND:
Legislative Department:
Municipal Council $ 780,299
City Clerk - 149,,173
Total $ 929,472
Executive Department:
City Manager $ 319,993
Public Information Office 213,547
Grants Office 107,099
Beam 34,449
Recreation Information Office 28,347
Cable TV 67,053
Office of Emergency Services 196,263
Office of Emergency Medical Services 458,481
Virginia Muse= of Marine Science 189,537
Total 1,614,769
-37a-
Budget
Item of Expenditures 1983-1984
GENERAL FUND:
Law Department:
City Attorney $ 849,023
Finance Department:
Commissioner of the Revenue $ 1,325,651
Board of Equalization 15,340
City Real Estate Assessor 794,523
Treasurer 1,771,429
Director of Finance:
Administration 219,956
Research 158,838
iludeet 191,711
Accounting 721,336
Payroll 151,190
Business License Audit 218,405
Independent Auditing 42,000
Purchasing 255,703
Total 5,866,082
PERSONNEL DEPARTMENT:
Administration $ 139,253
Employee Relations 150,683
Testing and Selection 175,308
Wage and Salary 164,659
Training 57,733
Total $ 687,636
Judicial Department:
Circuit Court $ 125,704
General District Court 33,546
Juvenile and Domestic Relations District Court 25,805
Public Defender 50,000
Commonwealth's Attorney 1,010,850
Commonwealth's Attorney - Social Services Fraud 66,206
Sheriff's Office 355,668
Correctional Operations:
Court Support Services 245,293
Treatment 536,253
Custodial 1,859,351
Clerk of the Circuit Court 274,212
Magistrates 7,000
Juvenile Probation:
Management and Support 439,090
Intake Unit 275,552
Diversion Unit 208,945
Field Units 394,039
Total $ 5,907,514
Health Department:
Preventive Medicine $ 911,079
Occupational Health - 224,185
Total $ 1,135,264
Social Services Department:
Director of Social Services $ 5,072,961
Public Assistance 1,674,300
Hospitalization 430,000
Total $ 7,177,261
-2-
-37b-
Budget
Item of Expenditures 1983-1984
GENERAL FUND:
Police Department:
Administration:
Police Chief's staff $ 934,251
Personnel and Training 327,143
Services 1,316,637
Uniform Division:
Auxiliary Police 28,930
Patrol and Administrative Support 7,739,771
S.P.O.T. 2,233,055
Communications Division 1,904,244
Investigative Division 2,586,011
Animal Control b8b,680
medical Examiner 4,500
Total $ 17,761,222
Public Works Department:
Administration:
Director's Office $ 159,744
Real Estate Office 262,418
Business Office 147,591
Highway Division:
Administration 426,488
Inspections 693,430
Street Maintenance 31998,842
Drainage Maintenance 1,336,462
Bridge Maintenance 937,814
Engineering Division:
Administration 501,375
Surveying 536,029
Mapping 671,087
Drafting 224,359
Waterfront Operations/Inspections 128,978
Special Projects 137,721
Building Construction 211,254
Traffic Engineering Division:
Design and Administration 2,891,974
Operations 1,385,804
Solid Waste Division:
Solid Waste Administration 132,044
Refuse Disposal 1,432,258
Refuse Collection 41942,488
Sanitation Inspections 196,224
Solid Waste Transfer Station 450,309
Back Bay Salt Water Project 870745
Erosion Commission 1,448,878
Total $ 23,341,316
Parks and Recreation:
Director of Parks and Recreation $ 213,177
Parks and Maintenance:
Administration 229,924
Construction and Maintenance 1,899,746
Parks and Beaches 915,876
Golf Courses:
Red Wing Golf Course 445,700
Bow Creek Golf Course 294,520
Owl Creek Municipal Tennis Center 20,352
Boardwalk Trains 20,546
Virginia Beach Transit 516,145
Parking Lots 29,968
Recreation:
Virginia Beach Recreation Center (Kempsville) 797,067
Bow Creek Recreation Center 239,177
Administration 214,566
Adult Activities 334,061
Youth Activities 617,003
-3-
-37c-
Budget
Item of Expenditures 1983-1984
GENERAL FUND:
Parks and Recreation:
Recreation- concuded)
Athletics $ 332,821
Shakespeare Festival Program 14,812
Therapeutic Program 217,053
Total $ 7,352,514
Library Department:
Administration $ 235,792
Area Libraries:
Great Neck Area Library 235,194
Bayside Area Library 242,331
Oceanfrotit Area Library 227,312
Kempsville Area Library 261,832
Windsor Woods Area Library 256,632
Reference Services 434,971
Extension Services 200,935
Special Services 139,043
Technical Services 590,415
Children's Services 97,101
Total $ 2,921,558
Planning Department:
Management and Support $ 510,081
Comprehensive Planning 187,237
Operations 179,243
Total $ 876,561
Agriculture Department:
Administration $ 116,856
VPI Extension Services 177,763
Farmers' Produce Market 100,368
Environmental Services 57,313
Total $ 452,300
Department of Economic Development:
Director of Economic Development $ 181,112
Civic Center 40,704
Tourist Development 1,547,974
Industrial Development 416,819
Convention Promotion 341,427
Pavilion 925,811
Total $ 3,453,847
Department of General Services:
Administration:
Director of General Services $ 125,207
Employee Safety 84,506
Building Maintenance:
Management and Support 3,134,082
Electrical 349,685
Heat and Air Conditioning 535,281
General Maintenance 1,336,357
Custodial 1,546,625
Landscape Division:
Superintendent of Landscape Services 240,499
Grounds Maintenance 1,187,975
Beautification 1,247,081
Clean Community 30,095
Beach Maintenance 252,162
Mail Distribution 132,545
Total 10,202,100
-4-
-37d-
Budget
Item of Expenditures 1983-1984
GENERAL FUND:
Boards and Commissions:
General Registrar 324,512
Mosquito Control-Kempsville/Bayside 436,748
Mosquito Control-Princess Anne -328,447
Mosquito Control-Virginia Beach/Lynnhaven 430,294
Zoning Board of Appeals 14,450
Arts and Humanities Commission 84,200
Mass Transit Operations 600,000
Wetlands Board of Virginia Beach 6,970
Total $ 2,225,621
Non-Departmental:
Employee Training and Special Benefits $ 333,197
Fire Department:
Administration $ 309,417
Fire Prevention 768,421
Fire Suppression 7,996,402
Training 315,209
Forestry 8,455
Total $ 9,397,904
Department of Data Processing:
Administration $ 1810023
Operations:
Technical Support 339,701
Computer Operations 1,525,022
Systems and Programming 956,769
Central Files 250,850
Automated Office Systems 141,889
Total $ 3,395,254
Department of Permits and Inspections:
Administration $ 356,191
Consumer Protection 180,780
Housing Code Enforcement 143,056
Building Inspections 695,516
Zoning Code Enforcement 204,093
Total $ 1,579,636
Department of Mental Health:
Board Office $ 204,719
Comprehensive Mental Health:
Program Clinical Support 237,109
Consultation and Education 187,633
Outpatient Services 234,109
Community Rehabilitation 453,557
Emergency Services 296,090
Child and Youth Services 341,440
Mental Retardation/Developmental Disabilities:
Clinical Support 166,713
Residential Services 121,901
Adult Services 235,947
Transportation Program 69,448
Respite Care Program 66,546
Infant Stimulation Program 33,970
Case Management -
Substance Abuse Services 712,668
Alcohol Safety Action Program 202,147
Community Trust -
Alcohol Detoxification 221,433
Total $ 3,785,430
-5-
-37e-
Budget
Item of Expenditures 1983-1984
GENERAL FUND:
Transfers to Other Funds: 90,715,485
Reserve for Contingencies:
Regular $ 350,000
Salary 2,839,436
Health Insurance Deficit 607,000
Total $ 3,796,436
TOTAL GENERAL FUND 57 402
WATER AND SEWER FUND
Department of Public Utilities:
Director's Office $ 2179416
Engineering 1,655,115
Water Production/Resources 5,943,617
operations Administration 542,518
Water Distribution 1,946,822
Water Production 1,128,024
Sewer Collection 1,612,987
Sewer Pump Stations 1,899,733
Customer Services 2,459,131
Total $ 17,405,363
Revenue Bond Debt Service: $ 7,720,432
Transfer to Other Funds: $ 3,243,438
Reserve for Contingencies:
Regular $ 560,000
Salary 289,830
Health Insurance Deficit 70,000
Total $ 919,830
TOTAL WATER AND SEWER FUND $ 29 289 063
SCHOOL OPERATING FUND
Department of Education:
Administration $ 1,215,265
Research, Planning and Development 172,874
Instruction 69,406,405
other Instructional Costs 8,984,452
Attendance and Health 11486,623
Pupil Transportation 5,262,977
operation of School Plant 10,193,142
Maintenance of School Plant 4,277,218
Fixed Charges 22,432,542
Summer School 268,770
General Adult Education 106,174
Basic Adult Education 148,617
Vocational Adult Education 198,363
Capital Outlay 815,003
TOTAL EDUCATION 968 425
LAW LIBRARY FUND
Law Library 45,500
Reserve for Contingencies:
Salary 878
Health Insurance Deficit 300
Total 1,178
TOTAL LAW LIBRARY FUND 46,678
-37f-
Budget
Item of Expenditure 1983-1984
GENERAL DEBT FUND
Debt Service 477 453
PENDLETON CHILD SERVICE CENTER FUND
Judicial Department:
Pendleton Child Service Center 495,467
Reserve for Contingencies:
Salary $ 18,622
Health Insurance Deficit 1,250
Total i9,o7i.
TOTAL PENDLETON CHILD SERVICE CENTER FUND $ 515,339
TIDEWATER VIRGINIA ASAP FUND
Judicial Department:
Tidewater Virginia ASAP 786,766
Reserve for Contingencies:
Salary $ 15,247
Health Insurance Deficit 1,500
Total 16,747
TOTAL TIDEWATER VIRGINIA ASAP FUND 803 513
TOTAL BUDGET 386,857,873
Less: Interfund Transfer 93,958,923
NET BUDGET 898 950
Section 2. Subject to the provisions of Chaper 2, Article III, of the
Virginia Beach City Code, the salaries and wages set forth in detail in said
Annual Budget, are hereby authorized and fixed as the maximum compensation to be
paid for services rendered.
The total of positions, shall be the maximum number of positions authorized
for the various departments of the City during said fiscal year except changes or
additions authorized by the Council and as hereinafter provided. The City
Manager may from time to time increase or decrease the number of temporary posi-
tions provided the aggregate amount expended for such services shall not exceed
the respective appropriations made therefor. The City Manager is authorized to
make such rearrangements of positions within and between bureaus, divisions, and
departments named herein, as may best meet the uses and interests of the City.
Section 3. All collections of delinquent City taxes shall be credited to
the General Fund of the City by the Treasurer.
-7-
-37g-
Section 4. All collections of local taxes levied shall be credited to the
General Fund of the City. Transfers shall be made from the General Fund to the
respective specially designated funds for which a levy is made in the respective
amounts levied for each such specially designated fund.
Section 5. All tax abatements and tax supplements dated subsequent to
June 1, 1984 for the FY 1984 tax year shall accrue to the General Fund of the
City.
Section 6. All balances of the appropridtiokis payai)ie out of eacn funa of
the City Treasury unencumbered at the close of business for the fiscal year
ending on the thirtieth (30th) day of June, 1984, except, as otherwise provided
for, are hereby declared to be lapsed into the surplus of the respective funds,
except School Operating Fund which shall lapse into the General Fund Surplus, and
shall be used for the payment of the appropriations which may be made in the
appropriation ordinance for the fiscal year beginning July 1, 1984.
Section 7. No department or agency receiving appropriations under the pro-
visions of this Ordinance shall exceed the amount of its or his appropriations
except with consent and approval of the City Council first being obtained, but it
is expressly provided that the restrictions with respect to the expenditure of
the funds appropriated shall apply only to the totals for each budget unit
included in this Ordinance.
The City Manager is hereby authorized to approve transfers for appropria-
tions within any department or between departments in an amount not to exceed
$10,000 in any single transaction, and further, he is authorized to approve
transfers and expenditures from the Reserve for Contingencies in an amount not to
exceed $10,000 in any single transaction except as herein provided. The City
Manager may limit expenditures to the classes of appropriations as set forth in
the budget document or as required by the State Auditor of Public Accounts if
such requirements are different from the classes shown in the budget document.
In addition, the City Kanager may transfer appropriations from Reserve for
Contingencies, in amounts necessary, for across-the-board salary increases
approved by City Council.
Section 8. Nothing in this section shall be construed as authorizing any
reduction to be made in the amount appropriated in this Ordinance for the payment
-8-
-37h-
of interest or bonds on the bonded debt of the City Government or the former
political subdivisions of Virginia Beach and Princess Anne County.
Section 9. Allowances out of any of the appropriations made in this
Ordinance by any or all of the City departments, bureaus or agencies, to any of
their officers and employees for expenses on account of the use by such officers
and employees of their personal automobiles in the discharge of their official
duties shall not exceed twenty cents (20cts) per mile of actual Lravel for Lhe
first 15,000 miles and eleven cents (llf) per mile for additional miles of such
use within the fiscal year.
Section 10. All traveling expense accounts shall be submitted on forms
approved by the Director of Finance and according to regulations approved by the
City Council. Each account shall show the dates expenses were incurred or paid;
number of miles traveled; method of travel; hotel expenses, meals and incidental
expenses. The Director of Finance is specifically directed to withhold the
issuance of checks in payment of expense accounts submitted for -lump-sum-
amounts, including payments to employees of the School Board.
Section 11. That this Ordinance shall be in effect from and after the date
of its adoption.
Section 12. That if any part or parts, section or sections, sentences,
clause or phrase of this Ordinance is for any reason declared to be unconstitu-
tional or Invalid, such decision shall not affect the validity of the remaining
portions of this Ordinance.
First Reading: M,w Q. IgAl
Second Reading:
Adopted by the Council of the City of Virginia Beach, Virginia, on the
day of 1983.
-9-
-37i-
CITY OF VIRGINIA BEACH, VIRCINIA
FY 1983 - 1984 OPEELATING BUDGET
CITY COUNCIL REC " ENDED ADJUSTMENTS
Appropriations:
Total Proposed FY 1983-1984 Appropriations $ 292,034,554
Reductions:
Advanced Purchase of Police Package
Vehicles $ 461,112
Elimination of Services Above Current
in the City Treasurer's Office 74,111
Reduction of High Constable's Office
after reassignment to the City
Treasurer's office 38,190
Elimination of Tax Exemptions for the
Elderly and Disabled Persons 100,000
Total Reductions 673,413
Additions:
Contribution to the Eastern Virginia
Medical School $ 200,000
Full Funding of Advertising Formula 264,862
Contribution for the Dental Van 52,000
Contribution for the Endependence Center 23,197
Contribution for the Virginia Orchestra
Group 21,450
Funding of present Street Light Requests 19,419
Funding of Additional Marine Science
Museum Staff 189,537
Funding of Additional Permits and
Inspections Staff 102,960
Social Security Increase:
General Fund $ 91,436
Pendleton Child Service Center Fund 508
Water and Sewer Fund 7,815
Law Library Fund 24
TVASAP Fund 507
Total 100,290
Additional Appropriations Necessary to
provide General Salary Increase of
4.58% to city employees:
General Fund $ 508,000
Pendleton Child Service Center Fund 3,177
Water and Sewer Fund 51,515
Law Library Fund 156
TVASAP Fund 1,246
Total 564,094
Total Additions 1,537,809
TOTAL CITY COUNCIL RECOMMENDED
FY 1983-1984 APPROPRIATIONS 898 950
L-84MB-ADJ2
-37j-
CITY OF VIRGINIA BEACR, VIRGINIA
FY 1983 - 1984 OPEPATING BUDRET
CITY COUNCIL RECOMMENDED ADJUSTMENTS
Egtimated Revenues:
Total Proposed FY 1983-1984
Estimated Revenues 292,034,554
Reductions:
Restaurant Meal Tax Rollback from 5% to
4% effective January 1, 1984. $ 837,000
Real Estate Tax deferrals for the
Elderly and Disabled Persons 188,600
Total Reductions 1,025,600
Additions:
Additional Personal Property Taxes to
be collected by the City Treasurer's
Office if the High Constable's Office
is reassigned for delinquent tax
investigations. $ 205,608
Additional Collection of Building,
Plumbing, and Electrical permits fees
to offset increase in staffing
additions. 102,960
Revenue offset for additional appro-
priations related to salary and
Social Security increase to be allo-
cated to the Water and Sewer, Law
Library, and TVASAP funds. 61,263
Additional Personal Property Estimated
Revenue for FY 1984 from the recom-
putation on current assessments
available after the submission of the
proposed budget. 451,471
Revenue from the Commonwealth for the
Virginia Museum of Marine Sciences 71,195
Additional Utilization of the Estimated
Unappropriated Fund Balance 997,499
Total Additions 1,889,996
TOTAL CITY COUNCIL RECOMMENDED FY 1983-1984
ESTIMATED REVENUES 292 .898,950
L-84MB-ADJI
-38-
ITEM #19901
Upon motion by Councilman Heischober, seconded by Councilwoman Creech,
an Ordinance establishing the tax levy on real estate for tax fiscal
year 1984 was APPROVED.
Voting: 10-1
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober,
Vice Mayor Barbara M. Henley, Mayor Louis R. Jones,
Robert C. Jones, W. H. Kitchin, IIT, 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:
None
5/9/83
-39-
AN ORDINANCE ESTABLISHING THE TAX LEVY
ON REAL ESTATE FOR TAX FISCAL YEAR 1984
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
Section 1. AMOUNT OF LEVY ON REAL ESTATE.
There shall be levied and collected for fiscal year 1984 taxes for general
purposes on all real estate, not exempt from taxation and not otherwise provided
for in this Ordinance, a rate of eighty cents ($.80) on each one hundred dollars
($100) of assessed valuation thereof. The real property tax rates which have
been prescribed in this section shall be applied on the basis of one hundred per-
centum of the fair market value of such real property except for public service
real property which shall be on the basis as provided in Section 58-512.1 of the
Code of Virginia, as amended.
Section 2. AMOUNT OF LEVY ON UNEQUALIZED PUBLIC SERVICE REAL ESTATE AS PRO-
ViDED FOR IN SECTION 58-512.1 OF THE CODE OF VIRGINIA (1950). AS AMENDED.
There shall be levied and collected for general purposes for fiscal year 1984
taxes on all Public Service Real Property, which has not been equalized as pro-
vided for in Section 58-512.1, of the Code of Virginia (1950), as amended, on each
one hundred dollars ($100) of assessed valuation thereof at a rate to be deter-
mined in accordance with Section 58-514.2 of the Code of Virginia (1950), as amended.
Section 3. AMOUNT OF LEVY ON -CERTIFIED POLLUTION CONTROL EQUIPMENT AND
FACILITIES" CLASSIFIED AS REAL ESTATE.
There shall be levied and collected for general purposes for fiscal year
1984 taxes on all real estate certified by the Commonwealth of Virginia
as "Pollution Control Equipment and Facilities" not exempt from taxation, a rate
of eighty cents ($.80) on each one hundred dollars ($100) of assessed valuation
thereof. The real property tax rates imposed in this section shall be applied on
the basis of one hundred percentum of fair market value of such real property.
Section 4. CONSTITUTIONALITY.
That if any part or parts, section or sections, sentences, clause or phrase
of this Ordinance is for any reason declared to be unconstitutional or invalid,
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such decision shall not affect the validity of the remaining portion of this
Ordinance.
Section 5. EF@ECTIVE DATE.
This Ordinance shall be in effect from and after the date of its adoption.
First Reading:
Second Reading:
Adopted by the Council of the City of Virginia Beach, Virginia, on the
day of 1983.
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ITEM #19902
Upon motion by Councilwoman Creech, seconded by Councilman Heischober,
an Ordinance establishing the tax levy on personal property and machinery
and tools for the calendar year 1984 was APPROVED.
Voting: 10-1
Council Members Voting Aye:
John A. Baum, Nancy A. Creecb, Harold Heischober,
Vice Mayor Barbara 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:
None
5/9/83
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AN ORDINANCE ESTABLISHING THE TAX LEVY ON
PERSONAL PROPERTY AND MACHINERY AND TOOLS
FOR THE CALENDAR YEAR 1984.
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
Section 1. AMOUNT OF LEVY ON TANGIBLE PERSONAL PROPERTY.
There shall be levied and collected for general purposes for the 1984 calen-
dar year taxes on all tangible personal property, not exempt from taxation and
not otherwise provided for in this Ordinance, at the rate of six dollars ($6) on
each one hundred dollars ($100) of assessed valuation thereof. The rate imposed
by this section shall be applied on the basis of fifty percentum (50%) of the
fair market value of such personal property.
Section 2. AMOUNT OF LEVY ON CERTAIN VEHICLES CLASSIFIED AS PERSONAL PRO-
PERTY USED AS MOBILE HOMES OR OFFICES.
There shall be levied and collected for general purposes for the calendar
year 1984 taxes on all vehicles without motor power as defined in Section 36-71
of the Code of Virginia (1950), as amended, used or designated to be used as
mobile homes or offices or for other means of habitation by any person, a rate of
eighty certs ($.80) on each one hundred dollars ($100) of assessed valuation
thereof. The personal property rates which have been prescribed in this section
shall be applied on the basis of one hundred percentum of the fair market value
of such personal property.
Section 3. AMOUNT OF LEVY ON ALL BOATS OR WATERCRAFT UNDER FIVE TONS
BURTHEN USED FOR BUSINESS OR PLEASURE.
There shall be levied and collected for the calendar year 1984 for general
purposes taxes on all boats or watercraft under five tons burthen used for busi-
ness or pleasure, at the rate of six dollars ($6) on each one hundred dollars
($100) of assessed valuation thereof. The rate imposed by this section shall be
on the basis of fifty percentum (50%) of the fair market value of such personal
property.
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Section 4. AMOUNT OF LEVY ON "CERTIFIED POLLUTION CONTROL EQUIPMENT AND
FACILITIES" CLASSIFIED AS TANGIBLE PERSONAL PROPERTY.
There shall be levied and collected for the calendar year 1984 for general
purposes taxes on all tangible personal property certified by the Commonwealth of
Virginia as "Pollution Control Equipment and Facilities" not exempt from taxa-
tion, at the rate of six dollars ($6) on each one hundred dollars ($100) of
assessed valuation thereof. The rate imposed by this section shall be applied on
the basis of fifty percentum (50%) of the fair market value of such personal
property.
Section 5. AMOUNT OF LEVY ON FARM MACHINERY AND 124PLEMENTS, FARM TOOLS, AND
FARM LIVESTOCK, INCLUDING ALL HORSES, POULTRY, AND GPAINS AND FEEDS USED FOR THE
NURTURE OF FARM LIVESTOCK AND POULTRY.
There shall be levied and collected for general purposes for the 1984 calen-
dar year, taxes on all farm machinery and implements, farm tools, and farm live-
stock, including all horses, poultry, and grains and feeds used for the nurture
of farm livestock and poultry, not exempt from taxation, at the rate of one
dollar ($l) on each one hundred dollars ($100) of assessed valuation thereof.
The rate imposed by this section shall be applied on the basis of fifty percentum
(50%) of the fair market value of such personal property.
Section 6. AMOUNT OF LEVY ON MACHINERY AND TOOLS.
There shall be levied and collected for the calendar year 1984 for general
purposes taxes on machinery and tools, not exempt from taxation, at the rate of
one dollar ($I) on each one hundred dollars ($100) of assessed valuation thereof.
The tax imposed by this section shall be applied on the basis of fifty percentum
(50%) of the fair market value of such machinery and tools.
Section 7. AMOUNT OF LEVY ON AIRCRAFT.
There shall be levied and collected for the calendar year 1984 for general
purpose taxes on all aircraft defined in Section 58-829.5 of the Code of Virginia
(1950), as amended, at the rate of six dollars ($6) on each one hundred dollars
($100) of assessed valuation thereof. The tax imposed by this section shall be
applied on the basis of fifty percentum (50%) of the fair market value of such
aircraft.
Section 8. AMOUNT OF LEVY ON ANTIQUE AUTOMOBILES.
There shall be levied and collected for the calendar year 1984 for general
purpose taxes on all antique automobiles defined in Section 46.1-1 of the Code of
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-4lb-
Virginia (1950), as amended, at the rate of six dollars ($6) on each one hundred
dollars ($100) of assessed valuation thereof. The tax imposed by this section
shall be applied on the basis of fifty percentum (50%) of tbe fair market value
of such antique automobiles.
Section 9. AMOUNT OF LEVY ON HEAVY CONSTRUCTION EQUIPMENT
There shall be levied and collected for the calendar year 1984 for general
purpose taxes on all heavy construction machinery as defined in Section 58-829.8
of tlie Code of Virginia (1950), as aliended, at the rate of six dollars ($6) on
each one hundred dollars ($100) of assessed valuation thereof. The tax imposed
by this section shall be applied on the basis of fifty percentum (50%) of the
fair market value of such heavy construction equipment.
Section 10. AMOUNT OF LEVY ON RESEARCH AND DEVELOPMENT BUSINESS TANGIBLE
PERSONAL PROPERTY.
There shall be levied and collected for the calendar year 1984 for general
purpose taxes on all Research and Development Business tangible personal pro-
perty, not exempt from taxation, at the rate of one dollar ($I) on each one hun-
dred dollars ($100) of assessed valuation thereof. The tax imposed by this sec-
tion shall be applied on the basis of fifty percentum (50%) of the fair market
value of such Research and Development Business tangible personal property.
Section 11. AMOUNT OF LEVY ON ENERGY CONVERSION EQUIPMENT.
There shall be levied and collected for the calendar year 1984 for general
purpose taxes on all energy conversion equipment defined in Section 58-831.01 of
the Code of Virginia (1950), as amended, at the rate of one dollar ($I) on each
one hundred ($100) of assessed valuation thereof. The tax imposed by this sec-
tion shall be applied on the basis of fifty percentum (50%) of the fair market
value of such energy conversion equipment.
Section 12. CONSTITUTIONALITY.
That if any part or parts, section or sections, sentences, clause or phrase
of this ordinance is for any reason declared to be unconstitutional or invalid,
such decision shall not affect the validity of the remaining portions of this
ordinance.
Section 13. EFFECTIVE DATE.
This ordinance shall be in effect January 1, 1984.
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I
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First Reading: May 9, 1983
Second Reading:
Adopted by the Council of the City of Virginia Beach, Virginia'on the
day of 1 1982.
I
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ITEM #19903
Upon motion by Councilwoman Creech, seconded by Councilwoman Oberndorf,
an Ordinance to amend and reordain Chapter 35, Section 35-137 of the
Code of the City of Virginia Beach relating to restaurant meal taxes
was APPROVED.
Voting: 9-2
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober,
Vice Mayor Barbara M. Henley, Mayor Louis R. Jones,
Robert G. Jones, W. H. Kitchin, Ill, J. Henry McCoy,
Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
H. Jack Jennings, Jr. and Reba S. McClanan
Council Members Absent:
None
5/9/83
-43-
AN ORDINANCE TO AMEND AND REORDAIN
CHAPTER 35, SECTION 35-137 OF THE CODE OF
THE CITY OF VIRGINIA BEACH RELATING TO
RESTAURANT MEAL TAXES
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That Chapter 35, Section 35-137 is hereby amended and reordained as follows:
Section 35-137 - Levied; amount; computation.
There is hereby imposed and levied on each person a tax equivalent to five
four (4) percent on the total amount paid for food, in or from any
restaurant, whether prepared in such restaurant or not and whether consumed on
the premises or not. The tax shall be computed at a straight five (5) four (4)
percent, any fraction of one-half or more being treated as one cent.
This Ordinance shall be effective January 1, 1984.
First Reading: May 9. 1983
Second Reading:
Adopted by the Council of the City of Virginia Beach, Virginia, on the
day of , 1982.
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ITEM #19904
Item II-G.2
Grover Wright, Attorney, represented F. Wayne McLeskey, Jr.
Upon motion by Councilman Jennings, seconded by Councilwoman Creech,
an Ordinance vacating and closing Poplar Lane and a portion of Spruce
Lane shown on that certain plat entitled "Resubdivision of Certain Lots
or Parcels located in Block A, Replat of Rudee Heights, Lynnhaven
Borough - Virginia Beach, Virginia," dated March 22, 1983, a copy of
which is on file in the City Attorney's office, by vacating a portion
of that plat entitled "Replat of Rudee Heights, Princess Ann Co. Va.,"
dated December 1950, in Map Book 65, at Page 46, was APPROVED.
Voting: 10-1
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober,
Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr.,
Mayor Louis R. Jones, Robert G. Jones, W. H. Kitchin,
III, J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
Reba S. McClanan
Council Members Absent:
None
5/9/83
-45-
AN ORDINANCE VACATING AND CLOSING POPLAR LANE AND A
PORTION OF SPRUCE LANE SHOWN ON THAT CERTAIN PLAT
ENTITLED 'RESUBDIVISION OF CERTAIN LOTS OR PARCELS
LOCATED IN BLOCK A, REPLAT OF RUDEE HEIGHTS, LYNN-
HAVEN BOROUGH - VIRGINIA BEACH, VIRGINIA,' DATED
MARCH 22, 1983, A COPY OF WHICH IS ON FILE IN THE CITY
ATTORNEY'S OFFICE, BY VACATING A PORTION OF THAT PLAT
ENTITLED 'REPLAT OF RUDEE HEIGHTS, PRINCESS ANN CO.
VA.,- DATED DECEMBER 1950, IN MAP BOOK 65, AT PAGE 46.
WHEREAS, it appearing that proper notice has been
given that F. Wayne McLeskey, Jr., has made application to the
City of Virginia Beach to close Poplar Lane and a portion of
Spruce Lane, Lynnhaven Borough, in the City of Virginia Beach, by
vacating a portion of that certain plat entitled 'Replat of Rudee
Heights, Princess Ann Co., Va,' dated December 1950, and recorded
in the Circuit Court Clerk's Office of the City of Virginia Beach
in Map Book 65, at Page 46, pursuant to Section 15.1-482(b), Code
of Virginia, 1950, as amended; and
WHEREAS, notice has been provided to the public
pursuant to Section 15.1-431 and Section 15.1-482, Code of
Virginia, 1950, as amended; and
WHEREAS, it appears that no public inconvenience will
result from the closing of Poplar Lane or the portion of Spruce
Lane as described below; and
WHEREAS, it appears that no owner of any lot shown on
the aforesaid plat will be irreparably damaged by the vacation of
portions of that plat entitled 'Replat of Rudee Heights,'
referred to above, as shown on that plat entitled "Resubdivision
of Certain Lots or Parcels Located in Block A, Replat of Rudee
Heights, Lynnhaven Borough - Virginia Beach, virginia," dated
March 22, 1983, a copy of which is on file in the City Attorney's
office, pursuant to Section 15.1-482(b), Code of Virginia, 1950,
as amended.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE
CITY OF VIRIGNIA BEACH, VIRGINIA:
1. That that portion of the plat entitled "Replat of
Rudee Heights,' in Map Book 65, at Page 46, is hereby vacated,
replatted, and resubdivided as shown on that plat entitled
-45a-
"Resubdivision of Certain Lots or Parcels Located in Block A,
Replat of Rudee Heights, Lynnhaven Borough, Virginia Beach,
Virginia," dated March 22, 1983.
2. That a copy of this Ordinance and the plat entitled
'Resubdivision of Certain Lots or Parcels Located in Block A,
Replat of Rudee Heights, Lynnhaven Borough - virginia Beach,
Virginia," dated March 22, 1983, shall be recorded in the Clerk's
Office of the Circuit Court of the City of Virginia Beach as if a
deed to land.
3. That this Ordinance shall be effective thirty (30)
days from the date of its adoption.
Adopted by the Council of the City of Virginia Beach on
the -q,h day of 1983.
RJN/cb
4/18/83
(D)
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Item II-H.1a. ITEM #19905
Grover Wright, Attorney, represented the applicants.
Carlton Bennett, Attorney, represented opposing property owners,
Mr. and Mrs. R. G. Platt, of 1316 Lakeview Drive.
Upon motion by Councilwoman McClanan, seconded by Councilwoman Oberndorf,
City Council voted to DENY the application of Floyd Swartz, William H.
Barba and James L. Milligan for a variance to Section 4.4(b) of the
Subdivision Ordinance as per the following:
Appeal from Decisions of Administration Officers
in regard to certain elements of the Subdivision
Ordinance, Subdivision for Floyd Swartz, William H.
Barba and James L. Milligan. Property located on
the Southeast side of Lakeview Drive, 1050 feet
more or less Southwest of Bromfield Avenue. Plats
with more detailed information are available in the
Department of Planning. BAYSIDE BOROUGH
A substitute motion made by Councilman Heischober, seconded by Councilman
McCoy to WITHDRAW the above application,was LOST by a vote of 3-5.
Voting: 7-1 (on Main Motion)
Council Members Voting Aye:
Vice Mayor Henley, Mayor Louis R. Jones, Robert C. Jones,
W. H. Kitcbin, III, Reba S. McClanan, J. Henry McCoy, Jr.,
D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
Harold Heischober
Council Members Abstaining:
Nancy A. Creech and H. Jack Jennings, Jr.
Council Members Absent:
John A. Baum
5/9/83
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Item II-H.l.b ITEM #19906
Richard K. Stell represented the applicant.
Upon motion by Councilman Heischober, seconded by Councilwoman Creech,
City Council voted to APPROVE the application of Joseph J. Basgier
for a change of zoning from R-5 Residential District to A-2 Apartment
District on a parcel located along the west side of Pleasure House
Road, north of Lake Bradford Lane (Bayside Borough).
ORDINANCE UPON APPLICATION OF JOSEPH J. BASGIER Z0583721
FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION
FROM R-5 RESIDENTIAL DISTRICT TO A-2 APARTMENT
DISTRICT
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
Ordinance upon Application of Joseph J. Basgier for a Change of Zoning
District Classification from R-5 Residential District to A-2 Apartment
District on certain property located on the West side of Pleasure House
Road beginning at a point 400 feet North of Lake Bradford Lane, running
a distance of 100 feet along the West side of Pleasure House Road,
running a distance of 305 feet along the Northern property line, running
a distance of 120 feet more or less along the Western property line and
running a distance of 350 feet along the Southern property line. Said
parcel is located at 2333 Pleasure House Road and contains 30,492 square
feet. BAYSIDE BOROUGH.
The following may be required by the staff:
1. Standard improvements as required by the Site Plan Ordinance.
Improvements will include, but are not limited to, an additional
lane of pavement widening along Pleasure House Road.
2. City water and sewer.
3. Permits from the appropriate local, state, and federal
agencies may be required for dredging, filling, bulkheading
or other waterfront-related activities.
This Ordinance shall be effective from date of Adoption.
Adopted by the Council of the City of Virginia Beach, Virginia on the
Ninth day of May, 1983.
Voting: 9-0
Council Members Voting Aye:
Nancy A. Creech, 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 Voting Nay:
None
Council Members Absent:
John A. Baum and Robert G. Jones
5/9/83
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Item II-H.l.c ITFM #19907
Samuel W. Scott, Attorney, represented John C. Aspinwall (who was also
present).
TJpon motion of Councilman Heischober, seconded by Councilwoman Oberndorf,
City Council voted to APPROVE the application of John C. Aspinwall for
a conditional use permit for mini-warehouses on a parcel located on the
south side of Shore Drive, west of Independence Boulevard (Bayside
Borough).
ORDINANCE UPON APPLICATION OF JOHN C. ASPINWALL FOR A R0583538
CONDITIONAL USE PERMIT FOR MINI-WAREHOUSES ON A 27,000
SQUARE FOOT PARCEL LOCATED ON THE SOUTH SIDE OF SHORE DRIVE,
WEST OF INDEPENDENCE BOULEVARD (BAYSIDE BOROUGH).
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
Ordinance upon Application of John C. Aspinwall for a Conditional Use
Permit for mini-warehouses on certain property located 260 feet south of
Shore Drive beginning at a point 850 feet more or less west of Independence
Boulevard, running a distance of 120 feet along the northern property
line, running a distance of 225 feet along the western property line,
running a distance of 120 feet along the southern property line and
running a distance of 225 feet along the eastern property line. Said
parcel contains 27,000 square feet. BAYSIDE BOROUGH.
The following may be required by the staff:
1. A cyclone fence at the same height as the mini-warehouse development
proposed to the east shall be provided.
2. Lighting shall be directed away from adjacent residences.
This Ordinance shall be effective from date of Adoption.
Adopted by the Council of the City of Virginia Beach, Virginia on the
Ninth day of May, 1983.
Voting: 9-1
Council Members Voting Aye:
Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M.
Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones,
Robert G. Jones, W. H. Kitchin, III, J. Henry McCoy, Jr.,
D.D.S. and Meyera E. Oberndorf
Council Members Voting Nay:
Reba S. McClanan
Council Members Absent:
John A. Baum
5/9/83
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Item II-H.2a ITEM #19908
Dave Miller represented the applicants.
Upon motion by Councilman McCoy, seconded by Councilwoman Creech,
City Council voted to APPROVE the application of David F. and Tina L.
Ellis for the closure of a portion of an undeveloped 30-foot right-of-way
which runs north from Hatteras Road to Citation Drive (Kempsville
Forough ) .
City Council approved this request on November 1, 1982 subject to
conditions.
Applicant requests an extension of thirty (30) days in order to meet
these conditions.
Application of David F. and Tina L. Ellis for the discontinuance, closure
and abandonment of a portion of an undeveloped 30-foot right-of-way as
shown on that plat entitled "Carolanne Farm - Section One" and recorded
in the Office of the Clerk of Circuit Court in Map Book 47, Page 621-A,
running north from Hatteras Road to Citation Drive. Said parcel contains
7200 square feet more or less. KEMPSVILLE BOROUGH.
This request is subject to the following conditions:
1. Resubdivision of the property and the vacation of the existing lot
lines to avoid the creation of nonconforming lots and to ensure
that all lots have access to a public street.
2. Compliance with the above stated conditions within 180 days, and
final approval by City Council should not take place until all
conditions are met.
Voting: 9-1
Council Members Voting Aye:
Nancy A. Creech, 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.
Council Members Voting Nay:
Meyera E. Oberndorf
Council Members Absent:
John A. Baum
5/9/83
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Item II-H-2.b ITEM #19909
Grover Wright, Attorney, represented the applicant.
Upon motion by Councilman McCoy, seconded by Councilman Heischober,
City Council voted to APPROVE the application of Iva 1. Bowman for a
variance to Sections 4.4(b) and (d) of the Subdivision Ordinance which
requires direct access to a public street. Applicant wishes to sub-
divide a 3.146-acre parcel located at the eastern extremity of Glen
Arden Road (Kempsville Borough) into three lots. Proposed Parcel A-1
is to serve as ingress and egress to proposed Lots A-2 and A-3.
Appeal from Decisions of Administrative Officers in regard
to certain elements of the Subdivision Ordinance, Sub-
division for Iva I. Bowman. Property located at the
eastern extremity of Glen Arden Road. Plats with more
detailed information are available in the Department
of Planning. KEMPSVILLE BOROUGH.
Voting: 9-1
Council Members Voting Aye:
Nancy A. Creech, Harold Heischober, 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:
Vice Mayor Barbara M. Henley
Council Members Absent:
John A. Baum
5/9/83
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Item 11-H.2.c ITEM #19910
Robert Cromwell represented the applicant.
Upon motion by Councilman Jennings, seconded by Councilwoman Creech,
City Council voted to APPROVE the application of Wilder Enterprises
for a variance to Section 4.4(d) of the Subdivision Ordinance which
requires tbat each lot created in a subdivision have direct access to
a public street. The applicant wishes to subdivide a 25.62-acre
parcel into three lots: B-1, B-2 and B-3. The site is located on the
south side of Virginia Beach Boulevard, east of Groveland Road (Lynnhaven
Borough).
Appeal from Decision of Administrative Officers in regard
to certain elements of the Subdivision Ordinance, Sub-
division for Wilder Enterprises. Property located on the
south side of Virginia Beach Boulevard, east of Groveland
Road at 3177 Virginia Beach Boulevard. Plats with more
detailed information are available in the Department of
Planning. LYNNHAVEN BOROUGH.
Voting: 10-0
Council Members Voting Aye:
Nancy A. Creech, Harold Heischober, Vice Mayor Barbara M.
Henley, H. Jack Jennings, Jr., Mayor Louis R. Jones,
Robert C. Jones, W. H. Kitchin, Ill, Reba S. McClanan,
J. Henry McCoy, Jr., D.D.S., Meyera Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
John A. Baum
5/9/83
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Item II-H.2d ITEM #19911
Reverend Dale Burden represented the applicant.
Upon motion by Councilman Heischober, seconded by Councilwoman Oberndorf,
City Council voted to APPROVE the application of Cateway Freewill Baptist
Church for a conditional use permit as per the following:
ORDINANCE UPON APPLICATION OF GATEWAY R0583539
FREEWILL BAPTIST CHURCH FOR A CONDITIONAL
USE PERMIT FOR A GROUP HOME
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
Ordinance upon application of Gateway Freewill Baptist Church for a
Conditional Use Permit for a group home (weekend use for military
personnel) on certain property located on the South side of Virginia
Beach Boulevard beginning at a point 520 feet more or less west of Toy
Avenue, running a distance of 60 feet along the south side of Virginia
Beach Boulevard, running a distance of 413.10 feet in a southwesterly
direction, running a distance of 196.80 feet in a nortbwesterly direction,
running a distance of 213.13 feet in a northerly direction, running a
distance of 217.28 feet in a northwesterly direction, running a dis-
tance of 1310.63 feet along the western property line, running a dis-
tance of 864.82 feet along the southern property line, running a dis-
tance of 1226.38 feet along the eastern property line, running a distance
of 160 feet in a northwesterly direction, running a distance of 225.41
feet in a southwesterly direction, running a distance of 146 feet in a
northwesterly direction, running a distance of 200.41 feet in a northerly
direction, running a distance of 96 feet in a northwesterly direction
and running a distance of 212.69 feet in a northerly direction. Said
parcel contains 25 acres. BAYSIDE BOROUGH.
The Planning Commission recoinmends waiver of the requirement for
dedication of right-of-way on Virginia Beach Boulevard.
The following may be required:
1. Standard improvements as required by the Site Plan Ordinance.
2. City water and sewer.
This Ordinance shall be effective from date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia on the
Ninth day of May, 1983.
Voting: 10-0
Council Members Voting Aye:
Nancy A. Creech, 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., Meyera Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
John A. Baum
5/9/83
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Item II-H.2.e ITEM #19912
and
Item II-H.2.f
Robert Cromwell represented the applicants.
Mrs. Arkansas Foreman, representing Newsome Farm Civic League, spoke
in opposition to the matter.
Upon motion by Councilman Heischober, seconded by Councilman Jones,
City Council voted to DENY the application of Newtown Developers for
a change of zoning from R-6 Residential District to R-8 Residential
District of Lawrence Drive (Bayside Borough); and, to DENY the applica-
tion of Pickett Road Associates for a change of zoning from R-6 Resi-
dential District to R-8 Residential District on a two-acre parcel located
along the east side of Lawrence Drive, at the eastern extremity of
Daniel Smith Road (Bayside Borough).
Voting: 10-0
Council Members Voting Aye:
Nancy A. Creech, 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., Meyera Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
John A. Baum
5/9/83
-55-
Item II-J TTEM #19914
NEW BUSINESS
Concern was expressed that one meeting in July would not be sufficient
to cover the heavy schedule of agenda items. By concensus, a regular
meeting will be held on Tuesday, July 5, 1983 inasmuch as Monday,
July Fourth is a Holiday. A regular inc@ctitig wi.11 also be held on
Monday, July 11, 1983.
ITEM #19915
By concensus, it was decided that, due to Lhe heavy schedule, Planning
Items would be scheduled for each meeting in June.
Item 11-K ITIEM #19916
RECESS INTO EXECUTIVE SESSION
Uporl motion by Councilman Jones, seconded by Councilwoinan Creech, City
Council recessed inlo Executive Sessiori at 5:05 p.m.
-Item II-K.1 ITEM #19917
ADJOURNMENT
Upon motion by Coulicilman Heiscliober, City Council adjourned at 5:05 p.m.
'i, 'OdgE Major Loui-ill. Jones
City Clerk
City of Virginia Beach,
Virginia
May 9, 1983
/jk
-54-
Item 11-I ITEM #19913
UNFINISHED BUSINESS
UPon motion by Councilman Heischober, seconded by Councilwoman Creech,
City Council voted to REINSTATE the Thursday delivery of the Council
Agenda (Code Section 2-57).
Voting@ 8-2
Council Members Voting Aye:
Nancy A. Creech, Harold Heischober, H. Jack Jennings, Jr.,
Mayor Louis R. Jones, Robert G. J,,es, 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:
John A. Baum
5/9/83