HomeMy WebLinkAboutOCTOBER 18, 1982 MINUTES
"WORLD'S LARGEST RESORT CITY"
CITY COUNCIL
MAYOR LOUIS R. JONES, B.y.id@ B .... gb
VICE-MAYOR BARBARA M. HENLEY. P.@g. 8 .... gh
JOHN A. BAUM. B.,..gh
NANCY A. CREECII. At L.,g@
IIAROLD IFE[SCIIOBER, Al L@,g.
B. JACK JENNINGS. JR., Ly..b@@,. B...gb
ROBERT G. ]ONES, At L.,g@
W. 11. KITCHIN, 111. Vigi@i. B@.ch
REBA S. M,CLANAN, P,i.c@,@ A... B .... gb
1. HENRY M@OY. JR., K@@p@@ill@ B.,.@gb 212 CITY HALL BUILDIIYG
MUNICIPAL CENTER
MEYERA E. OBERNOORF, Al L.,g@ VIRGINIA BEACH, VIRGINIA 23436
RUTH HODGES SMITH, CMC, City Cl@,k (804) 427-4303
CITY COUNCIL AGENDA
October 18, 1982
ITEM I INFORMAL SESSION: 12:30 P.M.
A. CALL TO ORDER Mayor Louis R. Jones
B. ROLL CALL OF COUNCIL
C. MOTION TO RECESS INTO INFORMAL/EXECUTIVE SESSION
D. PRESENTATION/DISCUSSION OF PERTINENT MATTERS
1. Matters for discussion by Mayor.
2. Matters for discussion by Council.
a. Presentation of Plans for Use of Francis Land House by
Mr. Pat Brid es. (-Councilwoman McClanan and Council-
woman Creech?,
E. CITY MANAGER'S ADMINISTRATIVE ITEMS:
1. Discussion of 1983 Legislative Package: Mr. David Grochmal.
2. Discussion of CIP Approvals and Bond Sale AUthorization.
3. Discussion of Section 31-28 of the City Code Pertaining to
Points of Collection for Refuse.
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ITEM 11 FORMAL SESSION: 2:00 P.M.
A. INVOCATION: Rabbi Arnold W. Turchick
Temple Emanuel Synagogue
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 the Special Meeting of
October 7, 1982.
2. Motion to accept/approve the Minutes of the Regular Meeting of
October .11 , 1982.
E. RELOCATION OF GENERAL BOOTH BOULEVARD/PRINCESS ANNE ROAD IN AREA OF
NIMMO CHURCH.
F. PUBLIC HEARING
1. Revenue Sharing@Allocation and Capital Improvements Program
G. RESOLUTION
1. Resolution authorizing Atkinson Realty to enlarge the non-
conforming structure located at 4307 Atlantic Avenue (-Vir-
ginia Beach fforough).
H. CONSENT AGENDA
All matters listed under the Consent Agenda are considered in
the oridnary course of business by City Council and will be
enacted by one motion in the form listed. There will be no
separate discussion of these items. If discussion is desired,
that item will be removed from the Consent Agenda and considered
separately.
1. Ordinance to allocate an additional Engineering Aide position
and transfer funds of $9.,570 from the General Fund Reserve
for Contingencies to the Department of Public Works.
3
ITEM II H. CONSENT (-cont'd)
2. Request of The Beach Convalett Services, Inc., to operate a
wheelchair transport service (EMS "Class E vehicle" service)
within the City of Virginia Beach.
3. Low bid of Warbler Construction Company, in the amount of
$605,014.76, for the Inlynnview Road Project (.CIP 2-966);
AND, authorize the City Manager to enter into the necessary
agreements for the implementation of this project.
4. Low bid of VICO Construction Corporation, in the amount of
$554,408.30, for Contract I, and the low bid of Crowder
Contracting Company, Inc., in the amount of $103,300, for
Contract II, (@anitary Sewers and Force Mains for Avalon
Terrace and Sanitary Sewer Pump Station for Avalon Terrace--
CIP 6-829); AND, authorize the City Manager to enter into
the necessary agreements for the impletnentation of this;
project.
5. Low bid of Luke Construction, Inc., in the amount of $12,736,
for the Proposed Repairs to Shore Drive 13ridge (.WBL) Over
Eastern Shore Railroad; AND, authorize the City Manager to
enter into the necessary agreements for the implementation
of this project.
6. Low bid of Chesapeake Bay Utilities, Inc., in the amount of
$253,984, for the Buccaneer Road Bulkhead and Sanitary Sewer
Facilities (-CIP 2-605); AND, authorize the City Manager to
enter into the necessary agreements for the implementation
of this project.
7. Request of the City Treasurer for tax refunds in the amount
of $200.43.
I. PLANNING ITEMS
1. Application of John T. Mamoudis for a change of zoning from R-7
Residential District to B-4 Resort-Commercial District on a
36@, 4.8-square foot parcel lo6ated along the north side of
Lake Drive, west of Pacific Avenue Cvirgini'a Beach goro,ugh).
This matter was deferred on September 27, 1982, and again on
October.11, 1982, until today.
Letter from the Ci.ty.Manager transmits the recommendation of
the Planning Commission for approval.
2. Application of Gaillermo E. and Blandine M. E&Pejo for a change
of zoning from R-8 Residential District to A-1 Apar n stric
on a 6.377-acr@pa cel located along the west side of Baxter Road,
north of Ewell Road (-Kernpsville Borough).
Letter from the City Manager transmits the recommendation of
the Planning Commission for approval.
4
ITEM II I. PLANNING ITEMS (cont'd)
3. Application of Terry Corporation of Virginia-and Timberlake
Association for a modification to the Land Use Plan of Timber-
lbke to include apartment sites on 20. acres located at the
northeast intersection of Independence Boulevard and South
Plaza Trail, and on the east side of Independence Boulevard,
north of South Plaza Trail (-Kempsville Borough).
Letter from the City Manager transmits the recommendation of
the Planning Commission for approval.
4. Application of Kimmel Automotive, Inc., t/a Treadquarters
for a conditional use pemit for installation of tires on a
24,047.9-square foot parcel located at the southwest inter-
section of Providence Road and Military Highway (-Kempsville
Borough).
Letter from the City Manager transmits the recommendation of
the Planning Comission for approval.
5. Application of Souttiland Corporation for a conditional use
permit for a qasoline service station on a 31,9.lz-square foot
parcel located at t e southeast corner of Indi'an River and
Kempsville Roads (Kempsville Borough).
Letter from the City Manager transmits the recommendation of
the Planning Commission for approval.
6. Application of Gulf lilsqcom
-=Oo u p:ny for a conditional use n permit for
a car wash on a ar foot parcel located alo g the
south side of Indian River Road, west of Kempsville Road (Kemps-
ville Borough),.
Letter from the City Manager transmits the recommendation of
the Planning Commission for approval.
7. Application of WCMS Radi@o Norfolk, Inc., for a conditional use
Rermit for a private microwave link on a 1.086-acre parcel
1 ca@ted at the northeast corner of Commonwealth Drive and
Commonwealth Place (Kempsville Borough).
Letter from the City Manager transhlits the recommendation of
the Planning Commission for approval.
J. APPOINTMENTS
1. Housing Board of Appeals
5
ITEM II K. UNFINISHED BUSINESS
1. Change in Council Meeting days.
2. Discussion of information by Virginia Beach Maritime
Historical Museum, Inc., officials regarding funding
request.
L. NEW BUSINESS
M. ADJOURNMENT
1. Motion to adjourn.
M I N U T E S
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
October 18, 1982
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,
18 October 1982 at Twelve-Thirty 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, 'II, Reba S. McClanan, and Meyera E.
Oberndorf
Council Members Absent:
J. Henry McCoy, Jr., D.D.S.
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M A T T E R S B Y T H E M A Y 0 R
HALLOWEEN ITEM #18871
Mayor Jones advised he had received several telephone calls
concerning TRICK-OR-TREAT activities for Halloween from
Sunday to Saturday this year.
Harold Whitehurst, Director, Parks and Recreation advised
his Department will be holding Halloween Parties in the
elementary schools on Friday, October 29, 1982.
Tt was the consensus of Council to take no action on this
matter.
ROBERT H. BRAITHWAITE ITEM #18872
Mayor Jones advised Members of City Council of a request
from Robert H. Braithwaite to appear before City Council
to remove one condition from his Conditional Use Permit to
operate a Landfill approved January 18, 1982, which would
allow "dumping of organic material" on the site.
It was the concensus of Council that no drastic changes
have occurred since January and no action of Council is
necessary.
CITY CODE SECTION 2-208 ITEM #18873
Mayor Jones advised that Councilman Heischober suggested the
wording in Section 2-208, City Code, Approval and Supervision
of Disbursements and Expenditures "C" be changed to read as
follows:
"The Director of Finance shall not expend
any funds for capital facilities without
the project having been authorized by
Ordinance or Resolution of City Council."
This matter will be placed on a future Agenda for discussion.
10/18/82
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EVALUATION SHEETS ITEM #18874
Mayor Jones requested Council submit their Council Appointee
Evaluation Sheets as soon as possible to permit he and the
Vice Mayor to prepare a report for presentation to City
Council on October 25, 1982.
EXECUTIVE SESSION ITEM #18875
Mayor Jones entertained a motion to permit Council to conduct
its EXECUTIVE SESSION following the INFORMAL SESSION pursuant
to the exemptions from opening meetings allowed by Section
2.1-344 Code of Virginia as amended for the following purpose:
1. PERSONNEL MATTERS: Discussion or consideration
of employment, assignment, appointment, promotion,
performance, demotion, salaries, disciplining or
resignation of public officers, appointees or
employees.
Upon motion by Councilman Baum, seconded by Councilman
Kitchin, City Council voted to proceed into the EXECUTIVE
SESSION following the INFORMAL SESSION.
Voting: 10-0
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. R.
Kitchin, 111, Reba S. McClanan, and Meyera E.
Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
J. Henry McCoy, Jr., D.D.S.
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NATIONAL LEAGUE OF CITIES ITEM #18876
Mayor Jones presented to Council the Agenda for the National
League of Cities Annual Conference held in Los Angeles,
California, in November and requested they notify him of
the meetings they are going to attend to allow as much
coverage of the Conference as possible.
M A T T E R S B Y C 0 U N C I L M E M B E R S
STREET CLOSURE ITEM #18877
Councilman Jennings advised Council of a letter from
Attorney Leigh Ansell, dated October 15, 1982, regarding
the closure of Cape Henry Drive and the request for an
extension of the "One Hundred and Twenty Day Policy".
The applicants have been unable to obtain financing,
therefore, they are requesting an extension of sixty
(60) days.
This matter will be heard in the FORMAL SESSION under
UNFINISHED BUSINESS.
INCINERATOR SITE/PROPOSED PARK ITEM #18878
Councilman Jennings advised he met with Beautification
Commission representatives and representatives of the
civic league concerning the incinerator site on Laskin
Road. There is a potential health hazard in that area
and the City Manager is to prepare a study as to the
extent of that health hazard and report back to City
Council.
Councilman Kitchin advised he met with several people
regarding plans to develop the incinerator site and
suggested the following:
1. Get input from citizens as to
developing a park in that
area.
2. Citizens meet with Council on
October 25, 1982.
This matter has been placed on the FORMAL AGENDA under
UNFINISHED BUSINESS.
10/18/82
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MERGER CELEBRATION COMMITTEE ITEM #18879
Councilwoman Creech requested information as to which Members
of Council were appointed to the MERGER CELEBRATION COMMITTEE.
Vice Mayor Barbara M. Henley, Chairman
Councilwoman Reba S. McClanan
Councilman Robert G. Jones
Giles G. Dodd, Assistant to the City Manager, Advisor
LOUD NOISES ITEM #18880
Councilwoman Creech advised she received, through the Chamber
of Commerce, a letter from Dr.John Edwards, Ohio, who
referenced loud noises from radios and stereos (not "Ocean
Eddies") and requested this matter be referred to the City
Council.
DEFERRAL OF MEETING DATE ITEM #18881
Councilwoman Creech made reference to a letter received from
Councilman McCoy requesting deferral of one (1) week on the
vote to change the day of the City Council meetings.
Councilwoman Creech advised she will make a motion during the
FORMAL SESSION to defer this matter one (1) week.
STUDY THE IMPACT OF LEGISLATIVE
ACTION ITEM #18882
Councilman Jones advised he would like to meet with Council
next week (October 25, 1982) in EXECUTIVE SESSION for the
purpose of selecting people to serve on the Committee to
STUDY THE IMPACT OF LEGISLATIVE ACTION.
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-FRANCIS LAND HOUSE ITEM #18883
Councilwoman Creech and Councilwoman McClanan introduced
Pat Bridges who presented to Council plans for use of the
Francis Land House.
Mr. Bridges advised the Francis Land House needed some
improvements such as sprinkler system, insulation, etc.,
and noted three (3) areas of concern:
1. Commitment from City on improvements
prior to the invitation to bids.
2. Type of use.
3. Citizen input.
By consensus of City Council, the City Manager is to study
and report back to Council on the following:
1. Upgrading necessary to preserve
the Francis Land House.
2. Consider uses other than commercial.
3. Reach for public input.
A. James DeBellis, Director, Department of Economic Development,
spoke in this matter.
C I T Y M A N A G E R ' S A D M I N I S T R A T I V E I T E M S
LEGISLATIVE PACKAGE ITEM #18884
The City Manager introduced David M. Grochmal, Assistant to
the City Manager, who presented Council the preliminary
draft of the 1983 Legislative Package for their perusal.
7 -
PROPOSED
CITY OF VIRGINIA BEACH
1983 LEGISLATIVE PROPOSALS
PRESENTED FOR CONSIDERATION BY
THE 1983 VIRGINIA GENERAL ASSEMBLY
10/18/82
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INDEX
1983 LEGISLATIVE PROPOSALS
Item Number Title
1. Expanded Sources of Local Revenue
2. Highway Construction Funding Based
Upon Need
3. Local Option Sales Tax on Motor Fuels
4. Funding of Education
5. Virginia N4useum of Marine Sciences
6. Distribution of ABC Profits and Tax
on Wine
7. 'Increased Appropriation for Pendleton
Child Service Center
8. Disability from Respiratory Disease,
Hypertension, and Heart Disease
9. Increased Funding for Medical Education/
Indigent Care for EIstern Virginia Medical
Authority (EVMA)
10. Improvements to Highways Adjacent to
Subdivsions
Removal of Inoperative Motor Vehicles
12. Increased Fees for Sheriffs and High
Constables
13. City Attorney Fees for Prosecuting
Misdemeanors
14. Exempting Fees for Court-Appointed
Counsel in the Case of the Public
Defender
15. Proration of Personal Property Tax
16. Boundary Definitions of House Districts
10 18 8 2
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1. Expanded Sources of Local Revenue
Comment:
Equity *and fairness in municipal tax levies are dependent upon the variety of
revenue sources available to a city. The more the alternatives, the more equal the
tax categories; the fewer the tax sources, the more one segment of the community
must bear the tax bur@en. Virginia Beach is an excellent example of this later
situation: few revenue sources, certain unequal tax categories. For years, the City
Council has attempted to alleviate this situation by petitioning the General A@sembly
for more flexibility in raising local revenues.
Three main sources of state and local revenues exist: the income tax, ihe
sales tax, and the real estate tax. Of these three, the General Assembly has reserved
the iticome tax for state government and restricted the sales tax so that only a one
percent tax can be imposed by local governments. The reai estate tax is left as the,
major source of local revenues and is joined by other categorical tax@s on specific
types of activities.
In recent years, the Virginia Beach City Council has had to rely on not only the
real estate tax but a myriad of special taxes which touch only certain segments of
the community. The restaurant meal tax, the transient occupancy tax, the amusement
tax, and the commercial utility tax, to name a few, are not spread evenly among the
residents of Virginia Beach and, therefore, cause unequal tax burdens. If the city had
the ability to tax retail sales at two percent, this would provide a second major
revenue source which would reduce@he increased dependence upon special categorical
taxes. The additional one percent retail sales tax would generate approximately
$12,926,000 in FY 1983 revenues for Virginia Beach, which is the equivalent of 19cts on
the real estate tax rate.
Recommendation:
The General Assembly should amend SS 58-441.49(b) of the Code of Virginia to
allow localities to levy a general retail sales tax at the rate of two percent to provide
revenue for the general fund.
10 18 8 2
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2. Highway Construction Funding Based Upon Need
Comment:
The Virginia Department of Highways and Transportation has compiled a docu-
ment entitled: "State-Wide Transportation Planning Present and Future Needs," which
estimates the present and future highway construction needs for each locality in
Virginia through the year 2005. The total cost of all projects in this document for the
entire state is $15,408,043,637. The document lists the total needs for Virginia Beach
at $785,837,976, which is the highest of any locality in the state. Accordingly,
Virginia Beach's needs are 5.1% of the total highway construction needs of the State
of Virginia.
In 1981, the State Highway and Transportation Commission adopted a six-year
highway improvement program which included funding for projects in all localities.
The 1982-83 allocation for Virginia Beach is $6,294,000, or 1.45% of total highway con-
struction allocations in Virginia. If Virginia Beach's allocation for FY 82-83 were
equivalent to its percentage of the total state-wide need, or 5.1%, Virginia Beach
should have been allocated $22,154,000.
For the entire six-year highway improvement program through 1988, Virginia
Beach is scheduled to receive $26,805,000, which is 1.18% of the total highway con-
struction allocations for the state. If Virginia Beach's allocation for the entire six
years were equivalent to its percentage of the total state-wide need, or 5.1%, Virginia
Beach should have been allocated $115,287,600.
The Virginia Department of Highways and Transportation has determined that
Virginia Beach has 5.1% of the constrliction needs in the state, however, the
Commission is only funding one-fifth of ttiose construction needs. This discrepancy is
unfair and must be changed.
Currently, the Joint Legislative Audit and Review Commission is studying the
reasonabler-ress, appropriateness, and equity 6f the current statutory provisions for
allocating highway construction funds. The General Assembly is to be commended for
requesting this study because the needs of high-growth localities like Virginia Beach
must be addressed.
Recommendation:
The General Assembly should amend SS 3.1-23.1 of the Code of Virginia to
substitute a new system for allocating highway construction funds to localities based
solely upon need.
10 / 18 8 2
3. Local Option Sales Tax on Motor Fuels
Comment:
Virginia Beach had a 1981 population of 272,900, which makes it the largest
city in the State of Virginia. Virginia Beach also has over 2.5 million overnight tour-
ists each year. These two factors create a need for continual upgrading and
improving of city highways. Through the next five years, we have identified the need
for 104 highway improvement projects at a total cost of approximately $199,198,339.
Iri 1981, the State Highway atid Transportation Commission adopted a six-year
highway construc'tion program which included only ten hi@hwa@ @ projects in Virginia
Beach as state projects at a total cost of approximately $55,508,000. The State
Highway Commission has indicated it cannot meet Virginia Beach's needs through'
@tate funding. Therefore, the only choice currently available to Virginia Beach is lo,
construct its own highway improvements through the sale of general obligation bonds.
This is not the most equitable way to finance highway improvements since the users
of the highways should pay whenever possible for the use of the roads.
The Virginia Municipal League supports legislation authorizing localities to
impose a two percent retail sales tax on gasoline to provide additional revenues for
local highway construction. In 1980, approximately 66 million gallons of motor fuel
were sold in Virginia Beach. Considering an average retail cost per gallon of $1.35, a
two percent sales tax would generate $1,782,000 for highway construction in Virginia
Beach.
Recommendation:
The General Assembly should enact legislation authorizing localities to impose
a two percent sales tax on motor fuels which would be used for highway construction
and maintenance within the locality.
10 18 8 2
1 2 -
4. Funding of Education
Comment:
The Constitution of Virginia states: "The General Assembly shall provide for
system of free public elementary and secondary schools for all children of school age
throughout the Commonwealth and shall seek to ensure that an educational program of
high quality is established and continually maintained." To meet this requirement, the
legislature has established the Standards of Quality which mandates the existence of
educational programs throughout the state. Because the General Assembly is responsi-
ble for providing a systern of free public education, it should also support financially
those aspects of the educational program which it mandates by law. These mandates
should be funded on the basis of realistic average costs and the state should bear a
fair share of the cost. It is the responsibility of the state to fund, on a 5tate-wide
basis, tlie Basic Education Program to a student in th@ Commonwealth.
Foremost consideration should be given to r6alistic funding of the Standards of
Quality basic aid formula. In 1981, the State Board of Education requested that the
per pupil@expenditure required by the Standards of Quality for FY 1982-84 be set at
$1,638 for the first year of the biennium and at $1,801 for the second year. The
additional state aid would provide for the first time, realistic funding for the per pupil
cost of public education. However, the budget adopted by the General Assembly for
the 1982-84 biennium provided a per pupil allocation of $1,320 for FY 83 and $1,467
for FY 84. This is substantially below the basic aid needed by most school divisions in
the Commonwealth.
kecommendation:
The General Assembly should raise the per pupil allocation for 1983-84 to
$1,801, which is recommended by the State Board of Education and reflects the actual
cost of the Standards of Quality.
10 I 6 8 2
1 3 -
5. Construction of Virginia Museum of Marirle Sciences
Comment:
The Virginia Museum of Marine Sciences is a proje@t jointly funded by the City
of Virginia Beach and the Commonwealth of Virginia that is dedicated to the purpose
of increasing public awareness of the nature and economic importance oi Virgini,a's
marine environment. It is also intended to serve as an educational resource for.
Virginia school systems, universities, and state agencies.
The museum will conta-in more than 100 exhibits. Half of the exhibit floor
space will feature live marine animals indigenous to Virginia's coasial waters and
housed in approximatefy 100,000 gallons of aquarium tanks. The other exhibit areas
will deal with key scientific principles which control our marine environment. All -
exhibits have been designed by a professional exhibit design firm in consultation with
the museum staff and with input from VIIVIS, ODU, and various environm@ntal agencies.
Approximately $650,000 has been spent since 1978 on the planning and
architectural designs of this project. These costs have been equally shared by the
state and the City of Virginia Beach. Total costs and sources of funding are as follows:
Costs Funding
Site Improvements $ 420,000 State $2,000,000
Building Construclion 4,933,000 City 3,500,000
Exhibits 1,347,000 Private -1,200,000
Total $6,700,000 $6,700,000
Architectural plans, acquisition of a site and all other tasks prerequisite to
constructing the building have been completed. Funding by the 1982 General
Assembly was inadequate to permit construction to begin in May, 1982, as originally
planned; furthermore, the. City of Virginia Beach is unable to proceed without some
state participation in the capital costs. The resulting condition is that the museum
project is in a suspended state of development where inflation and the difficulty of
sustaining previous financial commitments over a long period of time will seriously
endanger its existence if state funding is further deferred.
Recommendation:
It is requested that the General Assembly appropriate $2 million to be used as
the Comrhonwealth of Virginia's share of the construction costs of the Virginia
Museum of Marine Sciences.
10 1 88 2
1 4-
6. Distribution of ABC Profits and Tax on Wine
Comment:
4-22*of the Code of Virginia states that the net profits derived from the
operation of ABC Stores state-wide are to be distributed to localities based upon
population according to the last preceeding United States Census. SS 4-22.1 of the
Code of Virginia provides that 22% of the tax levied on each liter of wine sold in
Virginia is to be distributed to localities based upon population according to the last
preceeding United States Census. The Tayioe Murphy Institute of the University of
Virginia is the official agency for determining population estimates for the State of
Virginia and its localities. Virginia Beach is one of the fastest-growing localities irl
the United States and the Taylo@ Murphy Institute has. been estimating an annual
population increase for Virginia Beach since 1974.
If the ABC net profits and the state tax on wine had been- allocated to
localities based 'upon Tayloe Murphy Institute population estimates for the period FY
1974 to 1981, Virginia Beach would have received an additional $1,028,380 and
$107,150 respectively. Therefore, it is clear that the use of the United States Census,
in formulas distributing state money to localities, is unfair. Virginia Beach is
continuing to grow and our 1981 Tayloe Murphy population estimate is 10,701 higher
than our 1980 census figures. Therefore, the use of population estimates by the
Tayloe Murphy Institute should be used for all funding formulas which use population.
Recommendation:
The General Assembly should amend SS 4-22 and SS 4-22.1 of the Code of
Virginia to allow the use of annual population estimates by the Tayloe Murphy
Institute of the University of Virginia instead of the last preceeding United States
Census.
10 18 8 2
1 5 -
7. Increased Appropriation for'Pendieton Child Service Center
Comment:
Pendleton Child Service Center is a community-based treatment agency serving
young children, ages twelve and younger, of Virginia Beach and Chesapeake, who are
exhibiting serious antisocial and maladaptive behaviors in the home, school, or
community. The goal of Pendieton's treatment services is to reduce the incidence of
these antisocial and maladaptive behaviors in order to prevent more serious
consequences for the child and the community, such as involv&ment in the juvenile
justice system. The premise is that behavior problems are best resolved in the
environment in which they appear and are perpetuated. For this reason, the major
focus is on providing training tb the significant adults in the child's life so that they
become the treatment agents for managing inappropriate behavior.
. During FY 82, Pendleton Child Service Center provided treatment services to
343 children who remained in their homes and in the pubiic school system while staff
worked with the parents and teachers to restructure the child's environment so that it
reinforced his appropriate behavior and discouraged his inappropriate behavior
(outclient services); 46 children temporarily placed in the residential program where
Center staff could control behaviors by providing a structure of consistent responses
to behaviors in order to assist the child to learn environmental expectations and to
assume responsibility for appropriate behavior (residential services); and 55 children
who were in the structured environment of residential services for a portion of the
day while still living at home (day services).
Pendleton Child Service Center accepts referrals from any source. During FY
82, 62-- of the referrals were received from the public school systems of Virginia
Beach and Chesapeake; 15% were referred by parents; 9% were generated by the two
cities' Social Services Bureaus; Juvenile Courts of the two cities generated 5% and the
Mental Health Centers referred 5% of the caseload.
The mean age of children receiving treatment during FY 82 was 8.8. Following
is a profile of the problem behaviors of children receiving treatment services and the
percentage of childreri whose problem behavior had been successfully treated at time
of termination of services:
Problem Behavior No. of Referrals S@ss Rate
-Disrespect for Authority (e.g., not
following directions, backtalking/
cursing, not following house rules,
disobedience) 484 83%
-Tantrums 82 83%
-Aggressibn (e.g., fighting/arguing) 179 83%
-Lying 101 75%
-Property Destruction 15 73%
-Firesetting 11 73%
-Stealing 52 69%
-Sexual Acting Out 3 67%
lOY18/82
1 6 -
Since beginning its treatment program in 1973, Pendleton Child Service Center
has been committed to the ongoing evaluation of its program and services. The most
recent study of program effectiveness, completed by a graduate social work student,
tracks the subsequent court involvement during adolescence of children who required
the most intensive treatment service to modify their antisocial behaviors.
Two key. findings of this study are as follows:
1. Although all children entering Pendleton Child Service Center are deter-
mined to have a high potential for involvement in the community as
juvenile delinquents, only 27.7% of those completing treatment were
later convicted of a crime (15.5% felonies, 12.2% misdemeanors), and
only f2.2% were committed to juvenile incarceraiories.
2. Of the seven who were involved with the juvenile court at the time
of referral, none had any further court contact subsequent to completing
treatment.
This study evaluates the effectiveness of Pendleton as a preventive service in
terms of oniy one human service delivery system, the juvenile court. It does not
attempt to measure effectiveness in preventing foster care placements, special
education placements, or mental health residential placements. For each @hild that
Pendleton successfully prevents from involvement with such placements, it represents
not only a human savings but also a monetary savings to the community.
The FY 1983 funding for Pendleton Child Service Center is as follows:
Funding Sources FY 1983 Amount Donated Staff
City of Virginia Beach $ 49,419 One Social Worker
One Probation Officer
City of Chesapeake One Probation Officer
.6 Teacher
State Mental Health 60,000
Department of Corrections 160,999
General Assembly 100,000
Va. Beach Public Health 20,620
Va. Beach School System 12,000
Total Budget - 403,038
Recommendation:
The General Assembly should increase its appropriation to the Pendleton Child
Service Center from $100,000 per year to $150,000 per year. The additional $50,000
would be utilized to add two areas of expertise to staff: a family therapist and a
community education specialist. The family therapist would increase effectiveness of
family interventions; the community education specialist would increase staff's
capacity to provide group training for parents and teachers.
10 18 8 2
1 7 -
8. Disability from Respiratory Disease, Hypertension, and Heart Disease
Comment:
65.1-47.1 of the Code of Virginia says in part that the death of or any
condition or impairment of health of firefighters caused by respiratory disease and of
any firefighters, policemen, sheriffs, and city sergeants caused by hypertension or
heart disease shall be presumed to be an occupational disease suffered in the line of
duty subject to certain limitations. Employees or their beneficiaries who fall in this
category may make claims for benefits under the Workmen's Compensation Act. The
death or impairment of health does not have to take place on the job, but is presumed
to be job related.
Since the enactment of this legislation, there have been five police officers and
one firefighter employed by the City of Virginia Beach to file disaiblity claims under
this section. Two of the claims were definitely job related, however, three police
officers' claims were questionable. A sixth police officer's claim has been filed but,
as yet, @as not been accepted or denied as compensable. Under SS 65.1-47.1, the
courts have upheld the presumption of heart disease and hypertension for police
officers to be almost irrefutable. Therefore, in three cases, the City of Virginia
Beach has incurred liability of $217,723 in disability claims, aild has potential liability
for another claim of more than $100,000, all of which are not clearly job related.
No viable research can be found which indicates that empirical studies have
identified police officers and/or firefighters as having greater incidence of heart
disease, hypertension, or respiratory disease than other classes of people. Therefore,
it appears that the provisions of SS 65.1-47.1 of the Code of Virginia are not supported
by empirical fact, and the benefits provided under the Virginia Workmen's
Compensation Act are inappropriate.
Recommendation:
The General Assembly should repeal SS 65.1-47.1 of the Code of Virginia. This
would eliminate the automatic presumption of casual connection between heart
attacks and hypertension for poicie officers and heart attacks, hypertension, and
respiratory diseases for firefighters, but would still allow police officers and
firefighters the ability to file for benefits for such heart) circulatory, or respiratory
problems should they suffer such problems while performing strenuous or physical
activities while on the job.
10 / 18 / 8 2
18 -
9. Increased Fu ndn@ lor Medical-Education/Indigent Care for Eastern Virginia
Medical Allthr@ty @EVMA)
Comment:
The medical education programs in all of the hospitals connected with the
Eastern Virginia Medical Authority provide care to the medically indigent as do state
university hospitals. Because of this, the G@neral Assembly of Virginia began a
modest funding of direct state aid for this care in the 1978-80 biennium of $4.5
million. Channeled through the medical education programs of E-VMA, these funds are
used to partially offset the costs of physician services and tiospital care to those
individuals for which no other payment is available. Local governments in eastern
Virginia also contribute annually to EVMA, including $250,000 from Virginia Beach.
As an outgrowth of the depression years, state university hospitals have gen-
erally received funding for indigent care. In Virginia, these funds have become an
important part of the total financial support of the state medical school/hospital
operations. For the 1982-84 biennium, the Medical College of Virginia in Richmond
will receive approximately $44 million in direct state funding for indigent care. The
University of Virginia School of Medicine in Charlottesville will receive approximately
$25 million. However, Eastern Virginia, througli the EVMA Programs, will receive
approximately $6.5 million.
Eastern Virginia has 29.3% of the medically indigent population in the state
which is higher than the areas served by MCV or UVA. However, EVMA will only
receive 8.6% of the medical education/indigent care funding. This disparity is
expensive. EVMA hospitals must write off uncollectable bills which total more than
$30 million each year. The losses incurred through these write-offs must be made up
the following year through higher charges to self-paying and insured patients and,
most recently, in the reduction of certain services. As an example, Norfolk General
Hospital, which is the central teaching hospital for EVMA has recently advised that
they can no longer accept maternity care referrals from the Virginia Beach Health
Department.
Recommendation:
The General Assembly should provide additional medical education/indigent care
funding to Eastern Virginia Medical Authority which approximates the percentage of
medically indigent patients in Eastern Virginia as compared to the rest of the state.
10 18 8 2
1 9-
10. Improvements to Highways Adjacent to Subdivisions
Comment::
On October 5, 1979, the Supreme Court of Virginia ruled in the case of Hylton
Enterprises, Inc. vs. the Board of Supervisors of Prince William County, et al, on t.he
question of whether a local governing body may require as a prerequisite to approval
of a subdivision plat that the developer construct improvements to existin@. public
hi@hways that abut the subdivision. The court held that in the absence of an
agreement to the cont rary, the enabling statutes in Virginia provide no express
authority to exact the cost of these improvements from the developer. The court
made iis findings based on the following determinations of the applicable statutes:
(1) The authorization under the enabling zoning statutes to ensure adequate
access to residential planned communities does not imply authorizatiqn
to extract payment for improvements to existing public high@vays.
(2) The authority granted by the statutes to localities to coordinate streets
within a subdivision does not imply such authority to require these
improvements.
In Virginia Beach, developers submit an average of forty new subdivision
requests per month. Most of these subdivisions occur in the undeveloped portion of
the city which consists of narrow two-lane farm-to-market roads. The subdivisions
and developments adjacent to these two-lane roads clearly add to their traf f ic
volume and increases the need to improve them. Therefore, developers of property
adjacent to existing roads should be required to parcicipate in the cost of up@rading
and improving the roads.
Recommendation:
The General Assembly should amend SS 15.1-466(j) of the Code of Virg.inia to
allow localities to require a subdivider of land to pay his pro rata share of the cost of
providing reasonable and necessary roads outside the limits of the property he is
developing. The ccst sharing should be based upon a formula which adheres to an
established street improvement program and is coordinated with the comprehensive
plan of the locality.
10 / 1 88 2
20-
11. Removal of Inoperative Motor Vehicles
Comment:
Senate Bill 206, adopted by the 1982 session of the General Assembly, amended
SS 15.1-11.1(a) of the Code of Virginia, concerning inoperative motor vehicles on
residential or commercial property. Prior to this amendment, localities were able to
require the removai of inoperative vehicles from private property not enclosed in a
building or structure if it was economically impractical to make the vehicles
operative. There was no maximum or minimum time liniit which localities were
required to give the property owner to remove the vehicle. Virginia Beach currently
requires that inoperative motor vehicles be removed within five days.
The amendment added by Senate Bill 206 states that a vehicle is not inop-
erative if it has a vaiid license plate and inspection sticl<er. Ttierefore, if an
individual purchases a license plate and sticker for a vehicle on January 1, and the
vehicle becomes inoperative on January 2, it may remain in public view in junked
condition as long as the license plate and inspection sticker are valid, which is at
least one year. This puts local governments in an untenable position when beautifica-
tion programs require the removal of these vehicles. Therefore, this requirement for a
valid license plate and inspection sticker should be eliminated from SS 15.1-11.1(a).
Recommendation:
The General Asserribly should amend SS 15.1-11.1(a) of the Code of Virginia to
eliminate the words "and for which there is no valid license plate and inspection
sticker" from the definition of inoperative motor vehicles.
10 1 88 2
2 1 -
12. Increased Fees for Sheriffs -and High Constables
Comment:
House Bill 561, adopted by the 1982 session of the General Assembly amended SS
14.1-105.1 of the Code of Virginia to restrict High Constables from charging fees in
excess of those allowed for Sheriffs. This bill, which takes effect July 1, 1983, will
cost the City of Virginia Beach an estimated $76,000 per year in lost High Constable
fees. Only four localities in the State of Virginia have High Constables. They are the
Cities of Virginia Beach, Chesapeal<e, Portsmouth, and Norfolk. Serving legal papers
on individuals has generally been divided between tlie Sheriffs and High Constables
within these cities. However, the Sheriff is currently restricted in the fees lie can
impose by SS 14.1-105 of the Code of Virginia. Since the cost of serving these papers
should be borne by the individual being served rather than the general taxpayers, the
fees allowed for Sheriffs and High Constables should be increased to cover the cost of
serving such papers.
Recommendation:
The General Assembly should repeal the language established in SS 14.1-105.1 of
the Code of Virginia, which restricts High Constables from charging fees in excess of
that allowed for Sheriffs. The General Assembly should also amend SS 14.1-105 of the
Code of Virginia to increase the fees a Sheriff may charge for service of papers tci
that amount equal to the cost of serving the papers.
10 18 8 2
2 2 -
13. City Attorney Fees for Prosecuting Misdemeanors
Comment:
The Cfty Attorney's Office of the City of Virginia Beach prosecutes all
misdemeanor v'iolations of the city's ordinances which are appealed to the city's
Circuit Court. The majority of these violations are for conduct prescribc-d by stzite
statutes which have been @dopted by municipal ordinance and made municipal
offenses. These offenses include driving under the influence, hit and run, di-iving on a
.suspended operator's license, assault and numerous other misderneanors of all classes.
Additionally, the City Attorney's Office prosecutes appeals of violations wliich are
peculiar to municil)al law, such as the city's zoning ordinances.
Annually, the City Attorney's Office prosecutes approximately 1,200
misdemeanor charges against approximately 1,000 defendants in the City's Circuit
C.ourt. These offenses are prosecuted at great expense to the City of Virginia Beacl'i,
and it is appropriate to charge a fee against a defendant who is found to be guilty to
partially of.fset such expense.
SS 14.1-121 of the Code of Virginia establishes Commonwealth Attorney fees for
expenditures which occurred in the discharge of the prosecutors' duties in felony and
misdemeanor cases prosecuted in Circuit Court. This section provides that a
defendant who is found guilty of a misdemeanor in a Circuit Court shall pay a $5.00
fee if prosecuted by a Commonwealth Attorney. This section, however, does not
provide for a fee for expenditures which are incurred in the discharge of a City
Attorney's duties in prosecuting misdemeanors in a Circuit Court.
SS 14.1-122.1 of the Code of Virginia states that fees for Commonwealth
Attorneys and other court services shall, in cases involving traffic infractions, be
allowed and paid as prescribed for mi5demeanor cases.
The foregoing code sections are limited by SS 14.1-88 of the Code of Virginia,
which provides that no such fees for a Commonwealth Attorney shall be taxed unless
he in person, or by an authorized assistant, actually appears and prosecutes the-
proceedings before the court.
Recommendation:
The General Assembly should amend SS 14.1-121 and SS 14.1-122.1 of the Code
of Virginia to allow the court to assess a fee of $5.00 for City Attorneys who
prosecute misdemeanors in Circuit Courts. Additionally, SS 14.1-88 of the --ode of
Virginia should be amended to allow such fee only when the City Attorney, or his duly
authorized assistant, actually appears and prosecutes the proceedings before the court.
10 18 8 2
2 3 -
14. Exempting Fees for Court-Appointed Counsel in the Case of the Public
Defender
Comment:
During its 1981 session, the Virginia General Assernbly amended SS 19.2-163 of
the Code of Virginia pertaining to the payment of fees and expenses of
court-appointed counsel directing that these payments be made by counties, cities, or
towns, if the defendant is charged witl) a violation of a coulity, city, or town
ordinance. Citing this amendment the Attorney General of Virginia has opined that
the costs of defense by the Public Defender must be paid by the locality when persons
are cliarged with violations of local statutes.
This will cost the City of Virginia Beach approximately $50,000 in payments to
the Public Defender for tl)e 1983 fiscal year. However, Virginia Beacil feels this cost
is not an appropriate expense that should be borne by the city. The Public Defender's
office was established by the Commonwealth and has been funded by the
Commonwealth for the past ten years. The Public Defender's office was created to
assist localities and its duties do not limit it to one particular type of case.
Therefore, the Commonwealth should provide full flinding for the Public Defender's
office as was the intent of the law when the Commonweaith created the office, and
should not require localities to pay court-appointed counsel fees for Public Defenders.
IZecommendation:
The General Assembly should amend SS 19.2-163 of the Code of Virginia to
exempt cases where indigents are represerited by the Public Defender or his assistant.
10 18 8 2
2 4 -
15. Proration of Personal Property Tax
Comment-
The 1982 session of the General Assembly enacted legislation allowing cities
having a population in excess of 100,000 to levy and collect personal property taxes
on motor vehicles, trailers, and b<)ats on a prorated monthly basis whenever they
acquire situs in the city. This legislation applies to only eight cities and three
counties in the State of Virginia. All other localities do not have the authority to
prorate the collection of personal property taxes.
The statut e provid6s for relief from the prorated tax wliere any motor vehicle,
trailer, or boat loses its situs within such locality after the tax day or the day on
whicti it acquires a situs. This does not provide for equity across the state since an
individual paying personal property taxes on a prorated basis witilin one loc,,llity may
then move to another locality which does not prorate taxes and, therefore, remain tax
free until the end of that year. Until all localities in Virginia levy and collect
personal prop@rty taxes on a prorated monthly basis, refunds should only be grani@ed
when an individual moves to a locality which also prorates personal property taxes.
Recommendation:
The General Assembly should amend SS 58-835.1(A) of the Code of Virg;.nia to
eliminate the first sentence of the second paragraph which reads: "Such ordillance
shall also provide for relief from tax and a refund of the appropriate amount of tax
already paid, proraied on a monthly basis, where any motor vehicle, trailer, or boat
loses its situs within such locality after the tax day or after the day on which it
acquires a situs (hereafter "situs day")."
10 18 8 2
2 5 -
16. Boundary Definitions of House Districts
Comment:
The 1981 General Assembly redistricting created five House of Delegates
Districts iri Virginia Beach. They are the 81st, 82nd, 83rd, 84th, and 85th Districts.
These districts are now defined in the Code of Virginia based upon voting precincts
established by City Council prior to the redistricting. On June 7, 1982, the Virginia
Beach City Council adillsted all of the voting precincts withn the city to follow tile
boundaries of the five House Districts created by the General Assembly. This was
done so that no precinct would be split by any House District line. Because of this
cliange and the addition of several iiew voting precincts, the-definitions of the five
House Districts in the State Code are technicaliy incorrect. Therefore, these
definitions should be updated to reflect the existing voting precincts as approved by
the Virginia Beaci) City Council. However, this is a technical change only and would
not affect the boundaries of the five liouse of Delegates Districts.
Recommendation:
The General Assembly should amend SS 24.1-12.3 of the Code of Virginia to
redefine House Districts 81 through 85 to match existing Virginia Beach voting
precincts.
10 18 8 2
- 2 6 -
CIP APPROVALS/BOND SALE ITEM #18885
Discussion of the Capital Improvements Program Approvals
and Bond Sale Authorization will be on the Ageuda of
October 25, 1982, INFORMAL SESSION.
SECTION 31-28 ITEM #18886
The City Manager advised there have been some questions
regarding the City's enforcement of its Points of
Collection, Section 31-28. There are two Points which
Council should be aware of:
Section 31-28 - Points of Collection.
(a) Refuse receptacles, the contents of which
are to be collected by the City, shall be
placed on the curb line of a City right-
of-way by 7:00 a.m. on the day of coll-
ection .....
(b) The City will not make refuse collections
on private property.
Section 31-28(b) of the City Code has caused inconvenience
for all concerned.
The Director of Public Works advised there are approximately
fifty (50) lanes or private roads with approximately 340
households and some allowances will have to be made for
hardship cases.
It was the consensus of Council to direct the City Manager
to study the above matter and make recommendations to
City Council.
CONSENT AGENDA ITEM #18887
The City Manager advised on tbe CONSENT AGENDA the wording
is to be changed on II-H.I:
Ordinance to allocate an additional Engineering
Aide position and transfer funds of $9,570 from
the Survey
and Mapping Bureau to of the Department of
Public Works.
- 2 7 -
F 0 R M A L S E S S I 0 N
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
18 October 1982
2:25 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, 111, Reba S. McClanan, and Meyera E.
Oberndorf
Council Members Absent:
J. Henry McCoy, Jr., D.D.S.
INVOCATION: Rabbi Arnold W. Turchick
Temple Emanuel Synagogue
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
- 2 8 -
M I N U T E S
ITEM II-D.1/2 ITEM #18888
Upon motion by Councilwoman Creech, seconded by Vice Mayor
Henley, City Council voted to APPROVE the Minutes of the
Special Meeting of October 7, 1982;
AND, the Minutes of the Regular Meeting of October 11,
1 9 8 2 .
Voting: 10 - 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, and Meyera E.
Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
J. Henry McCoy, Jr., D.D.S.
10 1 88 2
- 2 9 -
ITEM II-D.3 ITEM #18889
Upon motion by Councilwoman Creech, seconded by Councilman
Heischober, City Council voted to DEFER until October 25,
1982, consideration of changing the Council Meeting day.
Voting: 10 - 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, and Meyera E.
Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
J. Henry McCoy, Jr., D.D.S.
- 30 -
R E L 0 C A T I 0 N G E N E R A L B 0 0 T H B 0 U L E V A R D
A N D P R I N C E S S A N N E R 0 A D
-ITEM II-E ITEM #18890
Attorney Grover C. Wright, Jr., represented Nimmo Church
Mrs. Mary Virginia Matbews spoke in opposition to the
proposed relocation of General Booth Boulevard/Princess
Anne Road in area of Nimmo Church.
Upon motion by Vice Mayor Henley, seconded by Councilman
Jennings, City Council voted to APPROVE the relocation of
General Booth Boulevard/Princess Anne Road with Nimmo
Church dedicating the 50-foot right-of-way on their
property.
Voting: 9-1
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, ITI, and Meyera E. Oberndorf
Council Members Voting Nay:
Reba S. McClanan
Council Members Absent:
J. Henry McCoy, Jr., D.D.S.
- 3 1-
P U B L I C H E A R I N G
C A P I T A L I M P R 0 V E M E N T S P R 0 G R A M
R E V E N U E S H A R I N G A L L 0 C A T I 0 N
ITEM II-F.1 ITEM #18891
Mayor Jones declared the Public Hearing on the Revenue Sharing
Allocation and Capital Improvements Program open.
The following spoke on the Public Hearing:
Robert W. Berry, President, Chamber of
Commerce, spoke in behalf of the Central
Library
Walter Royal, Chairman, Library
Committee, Chamber of Commerce,
did not speak
Commander Al Croft spoke in behalf of
the Central Library
Virginia Saddler, President, Friends
of Libraries, did not speak
Jack Robertson, Chairman, Library
Board, did not speak
Rob Mayes, representing the Farmer's
Market, advised more parking is needed
for the Market.
Kelly Cahill, Fox Run Civic League, read
letter from Richard Cross, President,
Fox Run Civic League, concerning a
drainage ditch.
Johnnie Miller, Fox Run Civic League, spoke
on the drainage ditch
Ray Allen, Fox Run Civic League, spoke
concerning the drainage ditch
Al Veck, Fox Run Civic League, spoke
concerning the drainage ditch
Pat Hayes, representing Surfing Advisory
Council, did not speak
Attorney Garrett Benson, Linkhorn Cove,
requesting park site be considered in
Linkhorn Cove. A petition was presented
to the Department of Parks and Recreation
- 3 2 -
Irvin A. Douglas, representing Kings Point
Civic League, spoke on the Kings Point
Ditch
Leilani Osment, Conservation/Ecology Chairman,
Council f Garden Clubs of Virginia Beach,
spoke in favor of the proposed Virginia Beach
Marine Science Museum
Dorothy Traub, representing the Virginia Beach
Council of Federated Women's Clubs, spoke in
behalf of the Virginia Beach Marine Science
Museum
Ann Egge, Public Affairs Committee Chairman,
Junior League of Norfolk and Virginia Beach,
spoke in behalf of the Virginia Beach Marine
Science Museum.
There being no further speakers, Mayor Jones declared the
Public Hearing closed.
R E S 0 L U T I 0 N
ITEM II-G.1 ITEM #18892
Richard Browner, Land Planner, represented Atkinson
Realty
John T. Atkinson spoke in favor of this matter
Attorney Edward T. Caton, 111, representing several
homeowners and residents at North End of Virginia
Beach and North Virginia Beach Civic League, spoke
in opposition.
Councilman Jennings made a motion, seconded by Councilwoman
Creech to ADOPT the Resolution authorizing Atkinson Realty
to enlarge the nonconforming structure located at 5307
Atlantic Avenue, in the Lynnhaven Borough.
Voting: 1-9
3 3-
Council Members Voting Aye:
H. Jack Jennings, Jr.
Council Members Voting Nay:
John A. Baum, Nancy A. Creech, Harold Heischober,
Vice Mayor Barbara M. Henley, Mayor Louis R. Jones,
Robert G. Jones, W. H. Kitchin, III, Reba S. McClanan,
and Meyera E. Oberndorf
Council Members Absent:
J. Henry McCoy, Jr., D.D.S.
3 4 -
ITEM #18892(a)
Upon motion by Councilman Baum, seconded by Councilman
Heischober, City Council voted to DENY the Resolution
authorizing Atkinson Realty to enlarge the nonconforming
structure located at 5307 Atlantic Avenue,** in the Lynnhaven
Borough.
Voting: 9 - I
Council Members Voting Aye: (for denial)
John A. Baum, Nancy A. Creech*, Harold Heischober,
Vice Mayor Barbara M. Henley, Mayor Louis R. Jones,
Robert G. Jones, W. H. Kitchin, III, Reba S. McClanan,
and Meyera E. Oberndorf
Council Members Voting Nay:
H. Jack Jennings, Jr.
Council Members Absent:
J. Henry McCoy, Jr., D.D.S.
*COUNCILWOMAN CREECH INADVERTENTLY PRESSED THE "NAY" BUTTON
**IN AGENDA WAS TYPED AS 4307 ATLANTIC AVENUE
COUNCIL RECESS: 4:32 to 4:45 p.m.
3 5 -
At a meeting of the Council of the City of Virginia
Beach, Virginia, was held in the Council Chambers, in the
City Hall Building, on the _ day of 1982.
On motion by and seconded by
the following resolution was adopted.
R E S 0 L U T I 0 N
WHEREAS, Atkinson Realty desires to reconstruct its
real estate office building located at 5307 Atlantic Avenue as
shown on the attached survey and exhibits; and
WHEREAS, the present use and existing structure do not
conform to the provisions of the Comprehensive Zoning Ordinance
because real estate office buildings are not allowed in the R-8,
Duplex District; and
WHEREAS, pursuant to SS105(d) of the Comprehensive
Zoning Ordinance, City Council may authorize the enlargement or
extension of a nonconforming use and the reconstruction and
enlargement of a nonconforming structure if Council finds that
the use as enlarged or extended and the structure as
reconstructed and enlarged are equally appropriate or more
appropriate to the zoning district than are the existing
nonconformities.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE
CITY OF VIRGINIA BEACH, VIRGINIA:
That City Council hereby finds that the enlargement or
extension of the nonconforming use and the reconstruction and
enlargement of the nonconforming real estate office building
located at 5307 Atlantic Avenue, as shown on the attached survey
and exhibits, which are hereby incorporated by reference, are
equally appropriate or more appropriate to the zoning district in
which they are located than are the existing nonconformities, and
the City Council hereby authorizes the enlargement or extension
of the nonconforming use and the reconstruction and enlargement
of the noncoiiforming structure in the iaani-ter sli.owil oil the
attached survey and exhibits.
Adopted by the Council of the City of Virginia Beach,
Virginia, on
CMS/CJ/da DENIED: October 18, 1982
10/11/82
- 36 -
C 0 N S E N T A G E N D A
ITEM II-H ITEM #18893
Upon motion by Councilwoman Oberndorf, seconded by Vice Mayor
Henley, City Council voted to uphold the recommendation of the
City Manager and ADOPT the CONSENT AGENDA by ONE MOTION.
Voting: 10-0
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, ITT, Reba S. McClanan, and Meyera E.
Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
J. Henry McCoy, Jr., D.D.S.
- 3 7 -
ITEM 11-H.1 ITEM #18894
Upon motion by Councilwoman Oberndorf, seconded by Vice Mayor
Henley, City Council voted to uphold the recommendation of the
City Manager and ADOPT the Ordinance to allocate an additional
Engineering Aide Position and transfer funds of $9,570 from
the Survey and Mapping Bureau of the Department of Public
Works.
Voting: 10-0
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, and Meyera E.
Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
J. Henry McCoy, Jr., D.D.S.
3 8 -
AN ORDINANCE TO ALLOCATE AN ADDITIONAL
ENGINEERING AIDE POSITION AND TRANSFER
FUNDS OF $9,570 FROM THE SURVEY AND
MAPPING BUREAU OF THE DEPARTMENT OF
PUBLIC WORKS
WHEREAS, recent legislation enacted by the General
Assembly requires the Wetlands Board to hold publi-- hearings on
all applications relating to non-vegetated wetlands; and
WHEREAS, the Department of Public Works anticipates
that the legislation will necessitate an additional staff
rpember in the Waterfront Operations/Inspecti-ons Bureau to handle
the increase in formal applications to the Board; and
WHEREAS, the legislation affecting the Wetlanas Board
is effective Jaiiuary 1, 1983, but the position is needed at
thi-s time in order to train the employee before the effective
date; and
WHEREAS, the fund.ing required for an additional Engi-
neering A2@de position for the period November 1, 1982 through
June 30, 1983 is $9,570 including fringe benefits.
NOII, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE
CITY OF VIRGINIA BEACH:
TIIA'll en additional Engineering Aide t)osition be
allocated to the Department of Public Works and funds of $9,570
be transferred from the Survey and Mapping Bureau of the Depart-
ment of Publ.ic Works for this position and related expenditures.
This ordinance shall be effective from date of
adopti6n.
ADOPTED: October 18, 1982
- 3 9 -
ITEM II-H.2 TTEM #18895
Upon motion by Councilwoman Oberndorf, seconded by Vice Mayor
Henley, City Council voted to uphold the recommendation of the
City Manager and APPROVE the request of The Beach Convalett
Services, Inc., to operate a wheelchair transport service
(EMS "Class E Vehicle service) within the City of Virginia
Beach.
Voting: 10-0
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, and Meyera E.
Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
J. Henry McCoy, Jr., D.D.S.
- 40 -
ITEM II-H.3 ITEM #18896
The following bids have been received for the Inlynnview
Road Project (CIP 2-966):
Warbler Construction Company $605,014.76
Asphalt Roads $653,579.20
Winkelman, Inc. $674,867.83
Rea Construction $679,294.16
Chesapeake Bay Utilities $697,285.67
APAC - Virginia, Inc. $697,773.57
Suburban Grading and Utilities $754,044.42
ENGINEER'S ESTIMATE $719,774.80
Upon motion by Councilwoman Oberndorf, seconded by Vice Mayor
Henley, City Council voted to uphold the recommendation of the
City Manager and APPROVE the low bid of Warbler Construction
Company, in the amount of $605,014.76 for the Inlynnview Road
Project (CIP 2-966) AND authorized the City Manager to enter
into the necessary agreements for the implementation of this
proj ec t .
Voting: 10-0
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, and Meyera E.
Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
J. Henry McCoy, Jr., D.D.S.
- 4 1 -
ITEM II-H.4 ITEM #18897
The following bids have been received for Contract I - Sanitary
Sewers and Force Mains for Avalon Terrace AND Contract II -
Sanitary Sewer Pump Station for Avalon Terrace (CIP 6-829):
CONTRACT I
VICO Construction Corporation $554,408.30
M. E. Wilkins, Inc. $653,046.62
C. A. Barrs Contractor, Inc. $772,014.20
W. R. Hall, Jr., Contractor $692,185.20
Inner-View, Ltd. $562,894.50
Major T. Archbell, Inc. $573,606.00
Carter-Bell Corporation $612,799.00
A & W Contractors, Tnc. $573,781.60**
Suburban Grading & Utilities, Inc. $618,915.00*
ENGINEER'S ESTIMATE $752,238.00
**Actual Corrected Bid - $563,290.60
*Actual Corrected Bid - $608,424.00
CONTRACT II
Crowder Contracting Company, Inc. $103,300.00
Van de Riet Construction Company,
Inc. $105,205.00
GAVCO Corporation $116,000.00
Hunt Contracting Corporation $108,330.00
Luke Construction Company, Inc. $108,200.00
ENGINEER'S ESTIMATE $126,540.00
-4 2 -
Upon motion by Councilwoman Oberndorf, seconded by Vice Mayor
Henley, City Council voted to uphold the recommendation of the
City Manager and APPROVE the low bid of VICO Construction
Corporation, in the amount of $554,408.30 for CONTRACT I -
Sanitary Sewers and Force Mains for Avalon Terrace AND the
low bid of Crowder Contracting Company, Inc., in the amount
of $103,300.00 for CONTRACT II - Sanitary Sewer Pump Station
for Avalon Terrace AND authorized the City Manager to enter
into the necessary agreements for the implementation of
this project.
Voting: 10-0
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, and Meyera E.
Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
J. Henry McCoy, Jr., D.D.S.
- 4 3 -
ITEM II-H.5 ITEM #18898
The following bids have been received for the Proposed Repairs
to Shore Drive Bridge (WBL) Over Eastern Shore Railroad:
Luke Construction Company, Inc. $12,736.00
Winkelman, Inc. $15,445.00
Crowder Contracting Company, Inc. $15,700.00
Challenge Constructors, Inc. $18,000.00
ENGINEER'S ESTIMATE $20,000.00
Bridge Repair - $15,000
(contract)
Detour and Crossovers - $5,000
(City expense)
Upon motion by Councilwoman Oberndorf, seconded by Vice Mayor
Henley, City Council voted to uphold the recommendation of the
City Manager and APPROVE the low bid of Luke Construction
Company, Inc., in the amount of $12,736.00 for the Proposed
Repairs to Shore Drive Bridge (WBL) Over Eastern Shore Rail-
road AND authorized the City Manager to enter into the
necessary agreements for the implementation of this project.
Voting: 10-0
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, and Meyera E.
Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
J. Henry McCoy, Jr., D.D.S.
4 4 -
ITEM II-H.6 ITEM #18899
The following bids have been received for the Buccaneer Road
Bulkhead and Sanitary Sewer Facilities (CIP 2-605):
Chesapeake Bay Utilities, Inc. $253,984.00
Century Concrete Services, Inc. $262,168.65
Lynnhaven Marine Construction, Inc. $264,997.63
A & W Contractors, Inc. $266,314.10
W. R. Hall, Jr., Construction $267,414.60
C. L. Pincus, Jr. $273,748.78
Suburban Grading & Utilities $288,868.99
A. Stanley Mundy & Company $290,857.35
Marine Structural Applications $298,277.00
Crowder Contracting Company $317,939.50
Sands Construction Company, Inc. $330,590.62
Challenge Construction Company, Inc. $342,715.00
Warbler Construction $342,646.00
W. F. Magann Corporation $354,446.98
ENGINEER'S ESTIMATE $301,521.10
Upon motion by Councilwoman Oberndorf, seconded by Vice Mayor
Henley, City Council voted to uphold the recommendation of the
City Manager and APPROVE the low bid of Chesapeake Bay Utilities,
Inc., for the Buccaneer Road Bulkhead and Sanitary Sewer
Facilities (CIP 2-605), in the amount of $253,984.00 AND authorized
the City Manager to enter into the necessary agreements for
the implementation of this project.
Voting: 10-0
10/18/82
4 5 -
Council Members Voting Aye:
John A. Baum, Nancy A. Creecb, Harold Heischober,
Vice Mayor Barbara M. Henley, H. Jack Jennings,
Jr., Mayor Louis R. Jones, Robert G. Jones, W. H.
Kitchin, III, Reba S. McClanan, and Meyera E.
Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
J. Henry McCoy, Jr., D.D.S.
- 4 6 -
ITEM II-H.7 ITEM #18900
Upon motion by Councilwoman Oberndorf, seconded by Vice Mayor
Henley, City Council voted to uphold the recommendation of the
City Manager and APPROVE the request of the City Treasurer for
tax refunds in the amount of $200.43.
Voting: 10-0
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, ITI, Reba S. McClanan, and Meyera E.
Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
J. Henry McCoy, Jr., D.D.S.
M NO. C.A. 7
4 7 - 10/7/82 E@IC
AN ORDINANCE AUTliORIZING TAX RF:FUNDS
UPC)N APPLICATION OF -@ERTAIN PERSONS
AND UPON CERTIFICATION OF THE TREASURER
FOR PAYMENT
BE IT ORDAINED BY THE COUNCIL OF THE CITY Of-- VIRGINIA BEACH, VIRGINIA:
That the following applications for tax refunds upon certification of thL' Treasurer are hereby approved:
NAME Tax Type Ticket Exoncra- D ate Penalty lnt. Total
Year of Tax Number ticn No. Paid
am Neck Properties 82 RE(1/2) 18683-7 12/4/81 1.47
am fqeck Properties 82 RE(2/2) 18683-7 6/5/82 1.47
irginia Fedei@al S & L 82 RE(1/2 810007-6 12/5/81 87.45
uanita L Nelson 82 RE(1/2@ 57002-9 11/5/81 34.93
uanita L Nelson 82 RE(2/2) 57002-9 11/5/81 34.93
homas W Soutliard 82 pp 118640-0 5/1/82 6.18
eborah J Peele 82 Pkng 85234 9/23/82 15.00
arry Dorsk 82 Pkng 9406 7/19/82 5.00
hawn Thompson 82 PVng 17018 10/4/82 12.00
imothy Thomas 82 Dog V072D 10/1/82 2.00
Total 200.43
OCT I 1 ).982
IDEPT. OF
Tilis ordinance shall be effecti,,,e from date of adoption.
T!zE;
@200.43, w-lirc ar)@,roved by
the Counril of the City of Virginil
Beacii og the 18 day of Oct.-ober.
Rtitli Hodges Sniith
City Cicrk
ity Attoiney
- 4 8 -
U N F I N I S H E D B U S I N E S S
ITEM II-K.2 ITEM #18901
THIS MATTER WAS BROUGHT FORWARD.
John Hodgson, President, Princess Anne County Historical
Society and Executive Board Member of the Virginia Beach
Maritime Historical Museum, presented a history of the
Museum and requested the City of Virginia Beach provide
financial aide to the Museum.
Bruce T. Martin, President, Virginia Beach Maritime Historical
Museum, Inc., spoke on this matter.
Upon motion by Councilwoman Creech, seconded by Councilwoman
McClanan, City Council voted to DIRECT the City Manager to
meet with the Board of Directors of the Virginia Beach Maritime
Historical Museum, Inc., and develop a plan of action to
minimize the needed City support and to report back to City
Council with a recommendation which is to include a fund-raising
plan for the Museum to be carried out by the Museum Board of
Directors.
Voting: 10 -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, and Meyera E.
Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
J. Henry McCoy, Jr., D.D.S.
*COUNCILMAN KITCHIN VOICED A VERBAL "AYE"
- 4 9 -
P L A N N I N G A G E N D A
ITEM 11-I.7 ITEM #18902
THIS MATTER WAS BROUGHT FORWARD
COUNCILWOMAN CREECH LEFT COUNCIL CHAMBERS
Attorney Eli S. Chovitz represented the applicant
Upon motion by Councilwoman Oberndorf, seconded by Councilman
Jones, City Council voted to uphold the recommendation of the
Planning Commission and APPROVE the application of WCMS RADIO
NORFOLK, INC., for a Conditional Use Permit as per the following:
ORDINANCE UPON APPLICATION OF WCMS R01082491
RADIO NORFOLK, INC., FOR A CONDIT-
IONAL USE PERMIT FOR A PRIVATE
MICROWAVE LINK
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
Ordinance upon application of WCMS Radio Norfolk,
Inc., for a Conditional Use Permit for a private
microwave link on certain property located at the
Northeast corner of Commonwealth Drive and
Commonwealth Place, running a distance of 203.34
feet along the North side of Commonwealth Drive,
running a distance of 30.68 feet in a Northerly
direction, running a distance of 81.66 feet in a
Northeasterly direction, running a distance of
33.89 feet in a Northwesterly direction, running
a distance of 168.98 feet in a Northerly direction,
running a distance of 163 feet along the Northern
property line and running a distance of 228.35 feet
along the East side of Commonwealth Place. Said
parcel is known as 900 Commonwealth Place and
contains 1.086 acres. KEMPSVILLE BOROUGH.
-50 -
Voting: 9 - 0
Council Members Voting Aye:
John A. Baum, Harold Heischober, Vice Mayor
Barbara M. Henley, H. Jack Jennings, Jr.,
Mayor Louis R. Jones, Robert G. Jones, W. H.
Kitchin, III, Reba S. Mcclanan, and Meyera
E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Nancy A. Creech, and J. Henry McCoy, Jr.,
D.D.S.
5 1 -
ITEM II-1.1 ITEM #18903
COUNCILWOMAN CREECH RETURNED TO CHAMBERS
Attorney Grover C. Wright, Jr., represented the applicant
Mr. Dick Bishop, President, Pinewood Gardens, spoke on
this matter
Upon motion by Councilman Kitchin, seconded by Councilman
Baum, City Council voted to uphold the recommendation of
the Planning Commission and APPROVE the application of JOHN
T. MAMOUDIS for a Change of Zoning District Classification
as per the following and including five (5) additional
conditions outlined in a letter by Attorney Wright which
will be made a part of these proceedings:
1. No infilling of lake
2. No decks or structures over lake.
3. No right-turn sign, if City approves
same.
4. Buffer southern end of property
heavily and to satisfaction of
Robert J. Scott, Planning
Director, including 6-foot to
8-foot trees along with shrubbery.
5. Condominiums for sale.
ORDINANCE UPON APPLICATION OF JOHN T. Z01082682
MAMOUDIS FOR A CHANCE OF ZONING
DTSTRICT CLASSIFTCATION FROM R-7
RESTDENTIAL DISTRICT TO B-4 RESORT-
COMMERCTAL DISTRICT
BE IT ORDATNED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA;
Ordinance upon application of John T. Mamoudis for a
Change of Zoning District Classification from R-7
Residential District to B-4 Resort-Commercial District
on Lots 1 tbru 15, Block 9, Pinewood Park. Property
is located at 301 and 323 Lake Drive and contains
36,154.8 square feet. VIRGINIA BEACH BOROUGR.
Approval is subject to the following provisions in
conjunction with the intended use of the land:
1. Standard improvements as required by the Site
Plan Ordinance.
2. City water and sewer.
- 5 2 -
3. No dredging, filling, bulkheading or other
waterfront related activities will be allowed
without the proper permits from the appropriate
Local, State and Federal Agencies.
4. The applicant has voluntarily agreed to submit
an instrument for recordation restricting the
number of units to a total of 30 dwelling units
for sale with a height restriction of 35-feet
and to provide a buffer along the southern
boundary adjoining single-family homes. This
document is to be recorded in the Office of the
Clerk of the Circuit Court.
5. A five-foot dedication along the frontage on Lake
Drive and Pinewood Drive, 25-feet from the center-
line of the existing 40-foot right-of-way to pro-
vide for an ultimate 50-foot standard right-of-way.
6. No infilling of the lake.
7. No decks or structures over lake.
8. No right-turn sign, if City approves same.
9. Buffer southern end of property heavily and
to satisfaction of Robert J. Scott, Planning
Director, including 6-foot to 8-foot trees
along with shrubbery.
10. Condominium units for sale.
This Ordinance shall be effective from date of
adoption.
Adopted by the Council of the City of Virginia
Beach, Virginia, on the Eighteenth day of
October, 1982.
5 3 -
GROVER C. WRIGHT, JR.
ATTORNEY AND COUNNE@R AT LAW. P.C.
SUMZ ... B.@CH TO.EG .@MDX.G
VIRGINIA BEACH, VIRGI.'il.A L-3458
-ST .1pricz @x It
October 13, 1982 e.REACODE..4..$-.14@
TO: Mr. Bishop.
Re: Mamoudis property.
Developer agrees to:
1. No infilling of lake.
2. No decks or structures over lake.
3. No right turn sign,if City approves same.
4. Buffer southern end of property heavily and to
satisfaction of Robert Scott, Planning Director,
include 6' to 8' trees along with shrubbery.
5. Condo units for sale.
6-rover U. wrigyit@ jr.
10/18/82
5 4 -
Voting: I 0-0
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, and Meyera E.
Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
J. Henry McCoy, Jr., D.D.S.
- 5 5 -
ITEM II-I.2 ITEM #18904
Attorney Harry Hicks represented the applicant
George C. Freeman spoke in opposition
Upon motion by Councilwoman Oberndorf, seconded by Councilwoman
Creech, City Council voted to DEFER UNTIL November 1, 1982, the
application of GUILLERMO E. AND BLANDINE M. ESPEJO for a Change
of Zoning District Classification to settle the question of the
twenty-five foot dedication of right-of-way.
Ordinance upon application of Guillermo E. and
Blandine M. Espejo for a Change of Zoning
District Classification from R-8 Residential
District to A-1 Apartment District on certain
property located on the West side of Baxter Road,
779.68 feet North of Ewell Road. Said parcel is
known as Lot 7, Map of A. W. Cornick's Kempsville
Farm and contains 6.377 acres. KEMPSVILLE BOROUGH.
Voting: 10-0
Council Members Voting Aye: (for deferral)
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, and Meyera E.
Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
J. Henry McCoy, Jr., D.D.S.
*COUNCILMAN KITCHIN VOICED A VERBAL "AYE" FOR DEFERRAL
- 5 6 -
ITEM II-1.3 ITEM #18905
Attorney Robert B. Cromwell, Jr., represented the applicant
Upon motion by Councilwoman Oberndorf, seconded by Councilwoman
Creech, City Council voted to uphold the recommendation of the
Planning Commission and APPROVE the application of TERRY
CORPORATION OF VIRGINIA AND TIMBERLAKE ASSOCIATES for a
modification to the Land Use Plan as per the following:
ORDINANCE UPON APPLICATION OF TERRY Z01082683
CORPORATION OF VIRGINIA AND TIMBERLAKE
ASSOCIATES FOR A MODIFICATION TO THE
LAND USE PLAN OF TIMBERLAND TO INCLUDE
APARTMENT SITES
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VTRGTNIA
BEACH, VIRGINIA:
Ordinance upon application of Terry Corporation of
Virginia and Timberlake Associates for a modification
to the Land Use Plan of Timberlake to include apartment
sites on 20.5 acres located at the Northeast intersection
of Independence Boulevard and South Plaza Trail and on
the East side of Independence Boulevard, 1700 feet more
or less North of South Plaza Trail. Plats with more
detailed information are available in the Department of
Planning. KEMPSVILLE BOROUGH.
Approval is subject to the following provisions in
conjunction with the intended use of the land:
1. Approval is for 180 apartment units on the
9 acre parcel located at the Northeast
intersection of Independence Boulevard and
South Plaza Trail only.
2. Standard improvements as required by the Site Plan
Ordinance.
3. Since the site had been designated for commercial
usage, additional recreational facilities shall
be required.
4. The total number of units for Timberlake shall
not exceed 2,609.
This Ordinance shall be effective from date of
adoption.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the Eighteenth day of October, 1982.
5 7 -
Voting: 10-0
Council Members Voting Aye: (Anproval on 9 acre site oni
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, and Meyera E.
Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
J. Henry McCoy, Jr., D.D.S.
10 18 8 2
- 5 8 -
ITEM 11-1.4 ITEM #18906
Robert Barnes represented the applicant
Upon motion by Councilwoman Oberndorf, seconded by Councilman
Baum, City Council voted to uphold the recommendation of the
Planning Commission and APPROVE the application of KIMMEL
AUTOMOTIVE, INC., T/A TREADQUARTERS for a Conditional Use
Permit as per the following:
ORDINANCE UPON APPLICATION OF KIMMEL R01082492
AUTOMOTIVE, INC., T/A TREADQUARTERS,
FOR A CONDITIONAL USE PERMIT FOR
INSTALLATION OF TIRES
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
Ordinance upon application of Kimmel Automotive,
Inc., T/A Treadquarters, for a Conditional Use
Permit for installation of tires on certain
property located at the Southwest intersection of
Providence Road and Military Highway, running a
distance of 260 feet along the South side of
Providence Road, running a distance of 220 feet
in a Southeasterly direction and running a distance
of 265 feet along the West side of Military Highway.
Said parcel contains 24,047.9 square feet. KEMPSVILLE
BOROUGH. t
Approval is subject to the following provisions in
conjunction with the intended use of the land:
1. Approval by the State Health Department concerning
use of a well.
2. Connection to City water, as soon as
it is available.
This Ordinance shall be effective from date of
adoption.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the Eighteenth day of October, 1982.
5 9 -
Voting: 10 -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, and Meyera E.
Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
J. Henry McCoy, Jr., D.D.S.
- 6 0 -
ITEM II-1.5 ITEM #18907
Randy Coles, Construction Engineer, represented the applicant
Upon motion by Councilwoman Oberndorf, seconded by Vice Mayor
Henley, City Council voted to uphold the recommendation of the
Planning Commission and APPROVE the application of SOUTHLAND
CORPORATION for a Conditional Use Permit as per the following:
ORDINANCE UPON APPLICATION OF SOUTHLAND R01082493
CORPORATION FOR A CONDITIONAL USE PERMIT
FOR A GASOLINE SERVICE STATION
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
Ordinance upon application of Southland Corporation for
a Conditional Use Permit for a gasoline service station
on certain property located at the Southeast corner of
Indian River Road and Kempsville Road, running a distance
of 174.26 feet along the East side of Kempsville Road,
running a distance of 154.76 feet along the Southern
property line, running a distance of 240.05 feet along
the Eastern property line, running a distance of 95.69
feet along the South side of Indian River Road and
running around a curve a distance of 59.94 feet. Said
parcel contains 31,912 square feet. KEMPSVILLE BOROUGH.
Approval is subject to the following provisions in
conjunction with the intended use of the land:
1. City water and sewer.
2. On-site detention of storm water.
This Ordinance shall be effective from date of
adoption.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the Eighteenth day of October, 1982.
-6 1 -
Voting: 10 -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, and Meyera E.
Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
J. Henry McCoy, Jr., D.D.S.
- 6 2 -
ITEM II-I.6 ITEM #18908
Joseph Wharten, Langley and McDonald, represented the
applicant
Upon motion by Councilwoman Oberndorf, seconded by Councilman
Baum, City Council voted to uphold the recommendation of the
Planning Commission and APPROVE the application of GULF OIL
COMPANY for a Conditional Use Permit as per the following:
ORDINANCE UPON APPLICATION OF GnF OIL R01082494
COMPANY FOR A CONDITIONAL USE PERMIT
FOR A CAR WASH
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
Ordinance upon application of Gulf Oil Company for a
Conditional Use Permit for a car wash on certain pro-
perty located on the South side of Indian River Road
beginning at a point 645 feet West of Kempsville Road,
running a distance of 150 feet along the South side
of Indian River Road, running a distance of 150 feet
along the Western property line, running a distance
of 150 feet along the Southern property line and
running a distance of 150 feet along the Eastern pro-
perty line. Said parcel contains 22,500 square feet.
KEMPSVILLE BOROUGH.
Approval is subject to the following provisions in
conjunction with the intended use of the land:
1. 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 Eighteenth day of
October, 1982.
6 3 -
Voting: 10 -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, and Meyera E.
Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
J. Henry McCoy, Jr., D.D.S.
-6 4 -
A P P 0 1 N T M E N T S
ITEM II-J.1 ITEM #18909
Upon nomination by Councilwoman McClanan, City Council voted
to APPOINT Ann Sugg to the HOUSING BOARD OF APPEALS, term
ending June 30, 1984.
Voting: 10-0
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, and Meyera E.
Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
J. Henry McCoy, Jr., D.D.S.
- 6 5 -
U N F I N I S H E D B U S I N E S S
ITEM II-L.1 ITEM #18910
Upon motion by Councilman Jennings, seconded by Councilwoman
Creech, City Council voted to AMEND the motion of June 21,
1982, in the application of Henry C. Gregory for the closure
of a portion of an undeveloped 25-foot right-of-way, con-
dition number tbree:
The closure of this right-of-way shall be
contingent upon compliance with the above-
stated conditions within 149 180 days.
Voting: 10-0
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, and Meyera E.
Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
J. Henry McCoy, Jr., D.D.S.
- 6 6 -
ITEM II-L.2 ITEM #18911
Upon motion by Councilman Kitchin, seconded by Councilman
Jennings, City Council voted to place the VIRGINIA BEACH
BEAUTIFICATION COMMISSION on the Council Agenda of
October 25, 1982 to receive their recommendations concerning
the incinerator site on Laskin Road.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober,
Vice Mayor Barbara M. Henley, H. Jack Jennings,
Jr.1 Mayor Louis R. Jones, Robert G. Jones, W. H.
Kitchin, III, Reba S. McClanan, and Meyera E.
Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
J. Henry McCoy, Jr., D.D.S.
*COUNCILMAN JENNINGS VOICED A VERBAL "AYE"
- 6 7 -
ITEM #18912
Councilwoman Oberndorf advised the City of Chesapeake is
constructing a Voting Board at a cost of $500.
ITEM #18913
Councilwoman McClanan made several comments concerning the
Council Chambers sound system and requested the City
Clerk to have the system rechecked.
ITEM #18914
Upon motion by Vice Mayor @lenley, seconded by Councilwoman
Creech, City Council voted to RECESS into EXECUTIVE SESSION
(6:15 p.m.) as provided by Section 2,1-344 Code of Virginia,
as amended, for the purpose of discussing a Personnel Matter
after which to adjourn.
Voting: 10-0
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, and Meyera E.
Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
J. Henry McCoy, Jr., D.D.S.
1 018 8 2
- 6 8 -
ITEM II-M-1 ITEM #18915
City Council adjourned the meeting at 6:40 p.m-
Di e M. ickman, Deputy City Clerk
Rdth Hodges SiC-
City of Virginia Beach,
Virginia
18 October 1982
dmh/etd