HomeMy WebLinkAboutSEPTEMBER 13, 1982 MINUTES
"V4ORLD'S I-ARGES-1 RE,@,C@ll CITY"
C17')' COI.:NCIL
ttA.)'-J.7 [,OtllS R. 10,%ES, 13@,,,d, B@,,,@gh
l'IC@@ AAI'OL? 13ARBARA Al. fiENLEY. B.,@,,@,b
1011\' 4. BAI;,ki,
CREECII. I,
!IAROLL) itEISCII(IBER. At L,@,g,
11, ]A(-?,' B.,..,h
RO'il-R7 G. ICN'E@@, A,
R. ii. Ki"rlill\, lit, Vigi@'.
ReBA S. 11, -[.A';AN, I........ A@,@ i,.,..gb
1. IIE,%R@' 11,COY, JR., R@,.,gb -'l 2 CII @z t I 11 i,@';
A'.E@ Ei@A [,. Of3ERNDOR!:, Al L,,,g,
RUTII H(@DC;i,,% S@@IITH, CAIC, Cily Cl,,k (,(,4 42- 3,,3
CITY COUNCIL AG'I@DA
Septerrber 13, 1982
INFORMAL SESSION: Nooli
A. CALI- TO ORDER - @layor Ilouis R. Jones
B. ROLL CAT,,', OF COUNC'@l,
C. MOTION TO KECE-@S INTO SL@SS@ r(@@7
D. PRESENTA-,ICN/DISCIJE'@IC@4 0,F Pl,;@TIIJE@q-E 112.TTEPS
1. @lat@tei--, for b,7 lfavor.
2 liitters for discus!;io,,@ bv Cour,.Cil.
a. Discussion of Prolose,l lla\,-y l@C@, P-O?,r;im ii
Beach at Li.ttle Creek Be@icii
E. CII'Y MANACER'S ADMINTS'J'RA7'IVE ITE,%IS:
1. Proposal for Voti-,ag Machiiics:
Liveri@,an, Genera-l- i@,,Sist,-ar.
2. Cox Ca@le Rate licr,2F,.se l@eciL,c!st: Di On Of
3 . @larine Science Ma@eum - Ceiieral
4. @r (-l Doed Book Relocation: D-scussion @Dy @l,.
Departraeiit of Gen(-'i-ii]. @,C,@v--,Lces.
5. Proposed. Leash La,.v: Discussion. b,,,
6.
lie C L@',
(:j ty
Gr(2@iter liaril)t,))i @i@,@zids C 1L
o,on t:r@i 1,@, t;. ci,,
8 ',i, m '201 i @@, F,)l- I?c ,i,- ri i: i@ i
FO@IAL SESSION: 2:00 p.m.
A. INVOCATION: Reverend B. G. C-ampbell
West;qood Hill Baptist Cl,,Urc,h
B. PLEDGE OF ALLEGIANCE TO THE FLAG OF TFE ',,'N-ITEI) STA'RES C)Z illEii'@CA
C. ELECIRONIC ROLL CALL OF COUNCIL
D. MINUTES OF PREVIOUS liE@ETING:
1. Motion to accept/approve the Minutes of August 23, 1982.
E. PRESENTATIONS
1. Lit tle Miss Virginia Beach
2. Outstanding Awards to City Einployces:
a. Frances Elrod, Director, Social Services
b. Walter Credle, Assistant Director, Social Services
C. Nel-I Malbon, Admiiiistrat4lve Managc,.-r, Soci@ll Services
F. @SOLUTIONS
1. Appreciation
a. Richard 11. Kline - Development Authority
b. George A. Woody, Jr. - Development
c. Nancy A. Creech - Plar-ning Cormission
2. Ceneral
a. Mid-Atlantic Shrine Assocl@-at4@on
b. General Hospit6l of Virgiria Beacli - Certifica,!:,2
of i\leed
C. Resolutior. setting forth tl-,e policv of .)io CiLy o@
Virgiiiia Bea--Ii relating to acccptLiicc,. of cLi.-Ii gi'@rs.
G. CONSEI@T AGENDA
All matters listed under the Consent Agenda are corsiderld 4Ii
the ordinary coijrse of business by City Courcil an,@ will bc@
enactcd by one moti-on in the form listed. There xii'A Le @.io
separate discussion of these items. If discisiio@a i-c, dc,.si,ed,
that item will be removed from the Oorse.,,iL l@.@enda aii(,l coii@idei
E. @l
separately.
1. Resolution appointing I'homas H. bluehl,-@iil,,ecl@, Giles G. Do(id,
and J. Dalc,'Eim,,3on to serve as directors o' Countv Ut@-Ii.ties
Corporation;
AND, a Resoltition appoi-,itirg Thorias 11. j@,@veh.Leil'-Ie(.k, G,@@@ler, C,.
Dodd, J. Dala Bimson, aiid Aubrey V. W@tc,'-s tc s,,@r,:.@ -a:,
directors of KempF%,jlle Utij-it.L(,,, Cori,orat:@lo-,i.
2. RE!solution ati'cli,.)riziiig t,)
Improvements Project.
ITEM II CONSENT AGENDA (Coiit',.)
3. Resolution designating a voting delegate and alternate for tlie
National League of Cities Annual Congress of Cities.
4. Resolution authorizi.ng the City ilanager to execute a processing,
disbursing and servicing agreemeit with the Lomas and Nettleton
Company for the purpose of implementing Lhe rehabilitation ar@d
last resort housing '@oan programs.
5. Resolution authorizing the City Manager to execute a contract
witli the Commulity Services Board.
6. Resolution authorizing the Virginia Department of High@iays and
Transportation to proceed witli the acquisiti.on of necessary
rights-of-way for the constrzction of Newtown Road Fhase II
Project.
7. Request of the City Treasurer for tax refunds in the amount of
$1,510.64.
8. Raffle Permits:
Messiah Lutheran Church (Activities Conmittee)
Tidewater Crime Clinic
Virginia Beach Legal Secretalies Association
9. Certificate of Public Conver@ience and Necessity:
Micbael F:Ltzgerald, T/A Atlap..tic Yellow Cab, Inc.
10. Ordinance, on FIRST READING, to appropriate funds cf $75,000
for the Virginia Museum of Ma,iiie Sci.ences.
11. Ordinance, oli FIRST RE-UINC, to al)propriate ttinds of $2,867,850
for City of Virgini.a Beach ,:chool prograris fun(led by spccial
categorical graits for scliool year 1982-83.
12. Ordinance to amend and reordain Section 23-47, Subsection (a)
of the Code of the City of Virgini-a Beach pertaining to I.Cud,
disturbing and uniiecessary noise.
13. Ordinance to eract a Section 27-7 of the Code of th- Ci.t:y of
Virginia Beach pertaining to interference with police dogs.
14. Ordinance to add a Section 2-230 to tlie Code of the Cit@ of
Virginia Beach pertaining to penalty cliarges for bad checks.
(This item was deferre,.i on Augusti 16 and 23, 1982.)
15. Ordinance to add a Section 35-11 to Article I of Ciapter 35
of the Code of the City of Virginia Beach pertaining to tt@e
credit of tax payments by City Treasurer.
16. Ordinance to amend and reordain Section 38-6 of the Code of
tile City of tc,
prereqt-,isite to ptirchase of certairi weaporis.
17. OrCinar,ce to aniL@,d. and reordain Sections 8-119, 8-120, 8-156,
8-157, 8-196, and 8-197.2 of the Code t)f the City of V4rginia
Beacii pertaiiing to LerTa (-,f certificatio- and los-, oi
certification ol: iiiec,iani,@a.i t@o-kers, i)ltiiiiDers, ai@d QIecLricialis.
18. Confiriuation of apl@cint7.,.ent of KE!Vjn Co,,;grov, as
4s@zar@t
City Attorliey.
ITE,NI II G. CO',ISENT AGENDA (Cont'd)
19. Ordinance to amend and reordaiii Section 21-378 (d) and (e)
of the Code of tlie City of Vi.rginia Beach pertairing tc
removal, storage and sal-e of certain unattctided veliici.es
- generally.
20. Ordinance to transfer @unds of $250.00 from the General
Fund Reserve for Contiiigencies to the Police PjeDartTr@ent
for reimbursement of legal exl@eiises incurred by a police
officer in the performarc@e of Iiis duties.
21. Ordinance to authorize a temporary eiicroachment into a
portiorl of the right-of-way of Grant i@venue to Mrs. Eve
D. Michael@, her heirs, assign.s, and successors in title;
AND, an Ordinance to authorize a temporary encroachiiierit
into a portion of the riglit-of-way of Craiit Avenue to Mr.
Robert Vose, his heirs, assigns, and 8uccessors in title.
22. Ordinance ap@ointing viewers in the pet!-tion of J. Parks
Atkinson for the closure of a portion of "B" Street
(Lynnhaven Borough).
23. Ordinance appointing viewers in the petition of David F.
and Tina L. Ellis for the closure of a portion of a 30-
foot ri@.ht-of-way near Hatteras and Citatioll Drives
(Kempsville Borough).
24. Ordinance appoiiting viewers in the petitio,,i of Merlin
Van and Rita Jane Statzel- for the closure of a porlioa
of Poinciana Drive (Lynnhavc-@,l Borough).
25. Low,bid of Makco, Inc., in the amount of $72,389.40, for
the Proposed Repairs to Guardrail Systems - Grol@p 1; AN-D,
authorizing the City Manager to enter into the necessary
agreements for tlie impl.emeritat:ion of this projecl.
26. Low bid of Rea Constructioii Company, in tlie ariotint of
$125,772.74, for tbe Princess Anne Pa,--k - Parl@4-rig LoL
Addition Project; AND, authorizj-ng the City Maiiager ro
enter into the necessary agreemeiits for the iripl.enientation
of this project.
11. CITY @IANAGER'S RFCO,-@IENIDATION
1. Request of Cox Cable Virginia Beach to increase rates
1. PLANNING ITFIIS
1. Application of C. L. Fisher for a cliang@ of @ n@i@ fl,-om
R-7 Residential7Di-strict-to A-1 @arlielit District on a
16,800-square foot parcel located on the soiltheast correr
of Baltic Avenue and 27th Street (Virginia Beach Boroti@.h).
a. Letter frorp. the Citv Mana@er transmits tha
recor,imendation of the PlaTining ComTriss-@@on
for @_plov,al.
2. Apl)licatioli of Hunt CzntL-acti-n lac. J-or a charif,@
of - o@niii-E to a PD-li 2 or@ an 11.2-acr('. I)arcec
located along t c@F-o 3--tLli si.dc,- of Drile, wost of
Yodei- Lane
19 I.ettc@r froin tlic City @lanzige3: tran,,flLts tlie
iecoim7,endatioii of tlie rlgii'ling Cor,.ni.s3ion
for @, @@)]
ITFI-I II I. PLANNING ITEMS
3. Application of Clifton N. and Barbara A. liolmqul-st and
Kenneth D. and @a 1,1@een S. B.refoot. Tor a c,ia
.zoning from R-6 Residential District to B-1 Business-
.Residential District on a 1.59-acre parcel focate@alolig
the east side o@Kl-.Psville Road, soutla uf Indian River
Road (Kempsville Borough).
a. Letter from the City Manager transmits the
recommendation of the Planning CoMM4-sslun
for approval.
4. Application of Oxford Development Coi.-poration for a
change of zonin@ from A-1
@artment District to A-2
Apartmcnt District on a 8.64-acr@p r@ l@l-o-cate@between
First Street and Second Street, west of Thalia Trace
Drive (Kempsville Borough);
AND, a change of @@i,@n from B-2 @ nun4y7Business
.District to A-2 rtm n@t Distri-ct on a 12.02-acre
parcel located between Bonney Road and First Street,
west of Tlialia Trace Drive (Kempsville Borough).
a. l,etter from the City @lanager transmits the
recommendation of the PI-aniiing Conuni,@,sioi-i
for oval.
5. Application of Jolin A. IL@an,
a for a chan@ cf zon'
from R-8 Residential Di.strict to 0-1 Office District on a
2.261-acre parcel '-ocated at tile northwest intersectior. ()f
Bonney Road and South Gum Avenue (Kempsville Borougli).
a. Letter from the City @lanager transmits the
recou,mendation of the Planni.ng Co,@,qissioil
for oval.
6. Applicatioii of Colonial @a List Churcli for i con(ii.tional.
@se 1) rmit for a churcli on -, id--ac-re p-arcel located along
-C@
the west side of e terville Turiipike, south 6f Lynnlaavcn
Parkway (Kenipsville Borotigh).
a. Letter from tlie City @iarager transniits th,@
recommendatioii of the Planning Co=nissicn
for roval.
7. Application,,,of Level Green @a . st hur(',h for a condit,'C',Ial,
use @r i@t for an ai itioii t -LL- g---
@o aii -@xi@@n chtirch on a 2.3-
,F--@Level Greeri
acre parcel located along the solitheast si e
Boulevard, northeast of Clear Springs Road (Kempsville
Borough).
a. Letter from the City Manager transmi.ts the
recommendation of the Plannirg Coiamission
for approval.
8. Application of C. Gordon Oliver for a conditional use Perniit
for a self-,Rervice gas@ a@nc st-ation and car ,,asti facil,'-ty cn
a 37,500-scuare foot@ parcel located along the satith side of
Haygood Road, east of Aragona Boillevard (Bayside Porough).
a. Letter froni the Ci@y Mana.,er transmits the
recominendatioii of tlie Plaiiriiiig Coimni,,;sion
for @ oval.
ITEM II I. PLANNI,G ITE@IS (Gotit'd)
9. Application of Aiiita Polon for a conditional iise- pc,,rmil:
for a home occ
@@t o@n (bat)ysitting) oii a 4,639-acre
foot parcel located at the eastern teiininus of Sailit
John Court (4500 Saint Johii Court - Bayside Borough).
a. Letter from the City Mallager t@raiisinits the
reconmendation of the PI-anning Cofir@r.4-ssion
for approval.
10. Ordinance to amend and reordain Sections 4.4(b) arid
4.4 (j) of the Subdivision'Ordinance pertaining to
nonconforming lots;
AND, an Ord,@-nance to amend and reordaiii Article 1,
Section 105 of the Comprehelisive Zoning Ordinance
of tlie City of Virginia Beach, Virginia, pertaining
to nonconforming uses.
a. Letter from tlie City Manager traislaits the
recommendatioli of the Planning Conflnission
for approval.
11. Ordinance to amend the Master Street and Ilighway Plan
dated December 16, 1974 (Pembroke area).
(This item was deferred on Augus" 23, '1982 to today.)
a. Letter from the City Manager transmits the
recormnendatioii of the Planili-ng Con@issio-@
for approval.-.
12. Application of R. G. Moore Buil-ding Co@poration for a
change of zoning from R-5 Residen.1-ial t@c R--8
-Resideiitial District on i:wo parclls 42.(,57-
acres;
AND, a h,@e 2f zoning from R-5 rc,.sid--,tial D:iE;t.lic@,
to R-6 Resident!-al District on a 34.4--acri@ parc,--].
These parcels are located sotith aiid we-,t of Willia@lia--i@'.Lc
Drive (Kempsville Borough).
(This item was deferred on Augist 16, l@182 to
a. Letter from tlie City l@ariggci: @.lie
recommendation of the Plari@ling
for oval.
J. ORDINANCES
1. Ord4.rance to amend and recrdain Sect!-on 35-64@',t)(4) of
the Code of the City of Virg4nia leach pertaining to
general prerequisites to grant; exeir@ptiL,,tis fo,,- e-li(@rly
and disabled persons from real es',-ate taxes.
2. Ordinance -lo enact Sectiol@ 5-73 to the City Code of the
City of Virginia Beach pertainiiig to klapirg dog-- uv@der
restraint - leash law.
3. Ordinance, on SECOND READING, 'Lo appropr4-ate furcis for
the City of Virginia Beach to liost tlie 1.@)82 Virgi.iiiEt
@@lunicipal Len,.,uc
.in the amount of $15,000.
K. APPOINT@,ENTS
1. Citizens Advisorv comnitt,te.
L. IJNFINISIIED BUSINESS
IT@i II @t. NEW BUSIN-ESS
N. ADJOURNMENT
1. Motion to adjourn.
THE VIRGINIA BEACH CITY COUNCIL CANCELLED THE REGULAR MEE'r-@NG OF
SEPTEMBER 20, 1982 RE: 77TH ANNUAL CONFERENCE OF VIIACTNIA
MUNICIPAL LEAGUE, VIRGINIA BEACH, SEPTEMBER 19-21, 1932.
M I N U T E S
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
September 13, 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,
September 13, 1982, at Twelve Noon.
Council Members Present:
Nancy A. Creech, Harold Heischober, Vice
Mayor Barbara M. Henley, H. Jack iennings,
Jr., Mayor Louis R. iones, Robert G. Jones,
W. H. Kitchin, III, Reba S. McClanan, and
Meyera E. Oberndorf
Council Members Absent:
John A. Baum,** and J. Henry McCoy, Jr.,
D.D.S.**
- 2 -
ITEM #18660
Mayor Jones entertained a motion to permit Council to
conduct its INFORMAL SESSION to be followed by an
EXECUTIVE SESSION for the purpose of discussing the
following:
1. PERSONNEL MATTERS: Discussion or consideration
of employment, assigriment, appointment, promotion,
performance, demotion, salaries, disciplining or
resignation of public officers, appointees or
employees.
V o t i n g9-0
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, and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
John A. Baum*, and J. Henry McCoy, Jr.,
D.D.S.**
*COUNCILMAN BAUM ENTERED MEETING AT 12:07 p.m.
**COUNCILMAN McCOY ENTERED MEETING AT 12:30 p.m.
- 3-
M A T T E R S B Y T H E M A Y 0 R
OFFICIAL FUNCTIONS ITEM #18661
Mayor Jones thanked the following Council Members for
attending official functions on behalf of the City of
Vi rgi nia Beach :
August 3 Councilman H. Jack Jennings met with the
Cape Henry Shores and Cape Story by the
Sea Civic Leagues regarding beach access.
August 4 Councilman H. Jack Jennings met with
residents of Westminster Canterbury
to discuss beach access.
August 6 Council Members Robert G. Jones, Reba S.
McClanan, Meyera E. Oberndorf, H. Jack
Jennings and Vice Mayor Barbara M. Henley
attended a JLARC meeting in Norfolk regarding
transportation.
August 10 - Councilwoman Meyera E. Oberndorf represented
the Mayor at the Ford Motor Company's news
conference.
August 11 - Councilwoman Meyera E. Oberndorf and Vice
Mayor Barbara M. Henley attended a State
hearing in Richmond concerning Local Taxation
on Meals and Lodging, and, also attended a
Virginia Municipal League Subcommittee
Meeting on the Environment.
August 12 - Councilwoman Meyera E. Oberndord attended a
meeting in Norfolk of SEVAMP.
August 14 - Councilman H. Jack Jennings represerited the
Mayor at a wreath laying ceremony at Little
Creek for the Fifteenth Annual Reunion of the
River Patrol Force.
August 14 - Councilman H. Jack Jennings represented the
Mayor at a dinner for the induction of officers
of the Chesapeake Beach Volunteer Fire and
Rescue Squad.
August 15 - Councilwoman Meyera E. Oberndorf represented
the Mayor at Norfolk's Tricentennial celebration.
August 21 - Councilwoman Reba S. McClanan attended a
meeting of the Thoroughgood Civic League.
August 22 - Vice Mayor Barbara M. Henley represented the
Mayor in a tricycle race in Norfolk for the
National Kidney Foundation of Tidewater.
August 26 - Councilman Harold Heischober represented the
Mayor at a luncheon at Tandoms in honor of
Messrs. Kline and Woody who are retiring
Members of the Development Authority. A number
of fellow Council Members also attended.
- 4-
August 26 - Vice Mayor Barbara M. Henley and Councilwoman
Meyera E. Oberndorf attended a Virginian-Pilot
briefing at the Cavalier On The Hill.
August 27 - Vice Mayor Barbara M. Henley represented the
Mayor at the Tidewater Mayors and City Managers
Meeting in Newport News.
August 27 - Councilman Harold Heischober represented the
Mayor at a dinner-dance at the Roma Lodge in
honor of Italian Midshipmen and the Captain
of the Italian Navy Cruiser Ciao Duilio.
August 31 - Councilman J. Henry McCoy, Jr., D.D.S.,
represented the Mayor at the Tidewater
Bowling Association's tournament
representing area Cities and came in
second in the competition.
August 31 - Councilwomen Nancy A. Creech and Meyera E.
Oberndorf attended the area-wide Chamber of
Commerce breakfast at Virginia Wesleyan
College.
DIVISION OF PARKS ITEM #18662
Vice Mayor Henley advised that pursuant to Council's
briefing at False Cape State Park last Friday, September
3, 1982, and in regard to questions raised concerning the
usage of Seashore State Park, the Division of Parks has
offered to host the Council in a tour and orientation of
Seashore State Park with the opportunity for questions
about that Park's operation.
Vice Mayor Henley requested if any member of Council was
interested in this meeting please notify her as soon as
possi ble .
PROPOSED NAVY LCAC PROGRAM ITEM #18663
Councilman Jennings presented a report on the proposed Navy
LCAC Program in Virginia Beach at Little Creek Beach Annex
and advised that Congressman G. William Whitehurst invited
he and other representatives of the City of Virginia Beach
and the South Rudee Civic League to fly to Panama City,
Florida, to observe the Navy's LCAC Program as to:
1. Noise impact on neighborhood
2. Environmental impact
3. Speed of the LCAC
Councilman Jennings advised he and the other representatives
were suprised to learn first-hand, both on the vehicle and
while observing it at different distances that it was not
,.as bad as was thought previously". The representatives are
convinced the LCAC will be compatible with both the civilian
and military activities in the City.
- 5 -
The training of the LCAC will be at the north end of
Camp Pendleton (Little Creek Beach Annex) which will
not interfere with either the swimmers or surfers.
JLARC STUDY ITEM #18664
Councilman Jones advised the JLARC Study on the Highway
Allocation formula has been presented to Council and
announced that David M. Grochmal, Assistant to the City
Manager for Intergovernmental Relations, has scheduled
a meeting for Friday, September 17, 1982, at 11:30 a.m.,
in the City Manager's Conference Room, to meet with the
City Staff and review the material received.
MAYOR'S AD HOC ROAD COMMITTEE ITEM #18665
Councilman Jones advised the City Manager has scheduled
a meeting for Monday, September 20, 1982, with Mr. Nash,
Engineer for the State Highway Department/Suffolk District,
concerning the intersection at the Toll Road and Lynnhaven
Parkway.
The State Highway Department plans to construct three clover
leafs in the area of the Toll Road and Lynnhaven Parkway and
the City would like the Highway Department to construct the
fourth clover leaf to complete that intersection.
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
LEGAL EXPENSES/POLICE ITEM #18666
The City Manager advised with Council's concurrence, he would
like to have Item II -G. 20 on the CON SENT AGENDA r emoved
i nd ef i ni tely:
Ordinance to transfer funds of $250 from the
General Fund Reserve for Contingencies to the
Police Department for reimbursement of legal
expenses incurred by a Police Officer in the
performance of his duties.
With Council's concurrence this matter will be voted upon
under the CONSENT AGENDA for removal indefinitely.
- 6-
VOTING MACHINE ITEM #18667
The City Manager advised Mrs. Clita Liverman, General
Registrar, was present to advise Council of the new
computer voting machine which will be used in the
85th House District for the forth coming election.
Mrs. Liverman requested direction as to whether the
Registrar's office should purchase or lease-purchase
the machines.
It was the consensus of Council to lease-purchase this
equipment.
The City Manager advised the proper documents will be
presented to Council on September 27, 1982 for their
consideration.
COX CABLE RATE INCREASE ITEM #18668
The City Manager advised at Council's request the City
met with Cox Cable of Virginia Beach and have agreed to
all but the following recommendations:
1. Franchise fee, or interconnection fee,
in lieu of a franchise fee, for sub-
scribers on military bases:
Cox Cable believes this is a precedent
setting move and have agreed as stated
in the Franchise Ordinance this be allowed
to go to arbitration.
2. Local origination:
Cox Cable Virginia Beach has agreed to
provide the equipment up to $50,000,
with the equipment remaining in their
ownership, and supply one person to
coordinate and handle the local origination
efforts if the City wishes to becoine
further involved.
3. Franchise fee;
If the Council decides to increase the
franchise fee to 4% or 5% the City is
asking Cox Cable to support the City's
application to the Federal Coinmunications
Commission.
4. Telephone:
The outages caused by storms should not be
included in the percentage computations.
The Company agrees to submit its daily phone
status report to the City for each business
day from January 1, 1982. Further, the
Company agrees that from October 1, 1982,
for each month, it will maintain a 90% average
ratio between calls received and calls answered
for both the customer service and repair number.
Also, for no single day of the month may the
percentage drop below 80% for customer service
or repair.
Cox Cable is requesting the percentage ratio
be below 70%.
- 7 -
MARINE SCIENCE MUSEUM ITEM #18669
The City Manager advised the City has received $75,000
from the Commonwealth of Virginia for the Virginia Museum
of Marine Sciences. This funding is the first-year
allocation for the Museum in the 1982-84 biennium.
It was noted the $75,000 was a Grant and has been presented
to the City of Virginia Beach for the operation of the
Museum.
PROPOSED BOOK RELOCATION ITEM #18670
The City Manager introduced Charles Davis, Assistant to the
Director of General Services, who advised Council of the
relocation of the Circuit Court Deed Books.
Mr. Davis advised that J. Curtis Fruit, Clerk of Circuit
Court, met with Architect Carol Warner to determine whether
the Deed Books could be relocated into the renovated portion
of the Clerk of Court's Building. It was determined the
Books could not be located in that area and alternatives
were discussed.
Four alternatives were reviewed:
1. Circuit Court Room #1
2. Human Resources Building
3. Tunnel Operations/City Hall Buildings
4. Foyer City iiall Building
After considering all possible alternatives relocating the
Deed Books to the foyer of the City Hall Building is the
best solution.
The relocation of these records will only require that they
remain in this area from four (4) to five (5) months, and it
is felt that their placement would not negatively impact the
building or any of the present occupants. Both the Fire
Department and Finance-Risk Management have reviewed the
proposed layout of the records and neither has any major
problems with this plan.
J. Curtis Fruit, Clerk of Circuit Court, spoke on this matter.
PROPOSED LEASH LAW ITEM #18671
The City Manager introduced David M. Grochmal, Assistant to
the City Manager for Intergovernmental Relations, who advised
Council of the proposed Leash Law.
8-
Mr. Grocfi@al advised that El zabeth Sills, First Vice
President 6f,,the Virginia 'ederation of Humane Society,
was present tri'discuss t,lh"e proposed Leash Law with Council.
Mrs. Sills advised t/41@ proposed Leash Law does not
penalize the law a@,idiRg citizen who keeps his dog
on a leash and it/ ill @e,,,very helpful to the Bureau
of Animal Control.
Mayor Jones/t/hanked Mrs. Sills a'n"d,lother members of
the Commit e for all the time and @f,fort placed in
the prepa@ation of this Ordinance.
A ed Ordinance has been presented to Co Rcil and
wi voted upon during the FORMAL SESSION u@n
OR CES.
GIFTS TO THE CITY ITEM #18672
The City Manager advised that Council requested he and his
staff to develop alternatives for City Council's consideration
regarding the allocation of the recent $20,000 gift for the
City's "youth program".
Two alternatives have been developed:
1. Requests may be sent to public and private,
not-for-profit agencies (IRS 501C) seeking
application on how they would propose the
expenditure of these funds for youth activities.
(One time Grant of $5,000)
2. The funds may be turned over to the City
Department of Parks and Recreation to be
used in youth activities.
Should Couricil desire to use the first alternative, the City
has developed a project application along with the requirements
necessary for consideration and the special conditions associated
with the Grant.
If the second alternative is desired, the $20,000 would be
placed in a Special Gift Fund for Parks and Recreation youth
activities, and would be expended on the signature of the
Director of Parks and Recreation with a full report to City
Council when the funds are depleted.
- 8-
Mr. Grochmal advised that Elizabeth Sills, First Vice
President of the Vi rgi nia Federation of Hum a ne So ci ety,
was present to discuss the proposed Leash Law with Council.
Mrs. Sills advised the proposed Leash Law does not
penalize the law abiding citizen who keeps his dog
on a leash and it will be very helpful to the Bureau
of Animal Control.
Mayor Jones thanked Mrs. Sills and other members of
the Committee for all the time and effort placed in
the preparation of this Ordinance.
A revised Ordinance has been presented to Council and
will be voted upon during the FORMAL SESSION under
ORDINANCES.
GIFTS TO THE CITY ITEM #18672
The City Manager advised that Council requested he and his
staff to develop alternatives for City Council's consideration
re gardi ng the aII o cation of the recent $20 000 gi ft for the
City's "youth program".
Two alternatives have been developed:
1. Requests may be sent to public and private,
not-for-profit agencies (IRS 501C) seeking
application on how they would propose the
expenditure of these funds for youth activities.
(One time Grant of $5,000)
2. The funds may be turned over to the City
Department of Parks and Recreation to be
used in youth activities.
Should Council desire to use the first alternative, the City
has developed a project application along with the requirements
necessary for consideration and the special conditions associated
with the Grant.
If the second alternative is desired, the $20,000 would be
placed in a Special Gift Fund for Parks and Recreation youth
activities, and would be expended on the signature of the
Director of Parks and Recreation with a full report to City
Council when the funds are depleted.
-8 -
GIFTS TO THE CITY ITEM #18672
The City Manager advised that Council requested he and his
staff to develop alternatives for City Council's consideration
regarding the allocation of the recent $20,000 gift for the
City's "youth program".
Two alternatives have been developed:
1. Requests may be sent to public and private,
not-fot-profit agencies (IRS 501C) seeking
application on how they would propose the
expenditure of these funds for your activi-
ties. (One-time Grant of $5,000.)
2. The funds may be turned over to the City
Department of Parks and Recreation to be
used in your activities.
Should Council desire to use the first alternative, the City
bas developed a project application along with the require-
ments necessary for consideration and the special conditions
associated with the Grant.
If the second alternative is desired, the $20,000 would be
placed in a Special Gift Fund for Parks and Recreation youth
activities, and would be expended on the signature of the
Director of Parks and Recreation with a full report to City
Council when the funds are depleted.
9/13/82
- 9 -
GREATER HAMPTON ROADS ITEM #18673
The City Manager advised per Council's request an evaluation
was prepared for the continuation of the City's contribution
to the Greater Hampton Roads Organization during fiscal year
1982-83.
The City Manager advised he cannot recommend that the City
continue as a financial supporter of GHRO however, the City
will evaluate GHRO's activities during th@ coming year to
determine if this decision should be reconsidered if Council
so wishes.
INTERIM POLICY FOR REZONINGS ITEM #18674
The City Manager advised he received a memo from Robert J.
Scott, Planning Director, who made the following observations
concerning interim policy for restrictive covenants on
rezoning petitions:
1. Proffers are at times being made to the
Planning Commission without the benefit
of staff review, and the staff review is
not based upon the proffers being made.
2. After proffers have been made to the Planning
Commission, the nature and the extent of them
are sometimes significantly altered before the
matter comes before City Council.
3. The current policy of filing the restrictive
covenant with the City Attorney's office 14
days prior to Council action may not provide
sufficient time or sufficient safeguards.
The Planning Director suggested the following interim policy
for dealing with the attachment of conditions to rezoning
p e t i t i o n s :
1. If the rezoning applicant wishes to inake
proffers in regard to his petition, then
written copy of the proffers is to be
submitted to the Planning Department at
least 14 days prior to the Planning
Commission meeting.
2. This set of written proffers may be amended
or extended at the Planning Commission hearing,
but if these changes result in major differences
from the original proposal, then the matter should
be deferred by the Planning Commission.
3. Once the Planning Commission has made a
recommendation on the item, no changes may
be made in the set of written proffers until
the City Council meeting.
4. The rezoning applicant shall submit to the City
Attorney's Office, at least 14 days prior to the
City Council public hearing, a set of restrictive
covenants or deed restrictions containing the
applicable proffers in form suitable for record-
ation in the Clerk of Circuit Court's office.
-10-
The Planning Director has presented the proposed Policy to
the Planning Commission for the recommendations and will
be presented to Council on September 27, 1982 in the form
of an Ordinance.
REVIEW OF CONSENT ITEMS ITEM #18675
The City Manager advised he places the review of Consent
Items on the Agenda each week to permit hiin to answer ally
questions Council may have on any item of the CONSENT AGENDA
prior to the Council meeting.
Council discussed the proposed Resolution designating a voting
delegate and alternate for the National League of Cities Annual
Congress of Cities.
SERVICES BOARD TOUR ITEM #18676
The City Manager reminded Council of the Virginia Beach Services
Board Tour on Thursday September 16, 1982, at 8:30 a.m., in the
Pembroke Six Office Building.
City Council recessed into EXECUTIVE SESSION, (]:30 p.m.)
ITEM #18677
Upon request by Councilman Jennings to discuss a legal niatter
appropriate to the definitions of the Freedom of Information
Act, City Council reconvened into Open Session and upon motion
by Councilwoman Creech, seconded by Councilman Jennings, voted
to AMEND the previous "Motion for Recess to Executive Session"
to include both PERSONNEL and LEGAL Matters.
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
Following the Executive Session, Council reconvened into
Open Session in the Conference Room and the Mayor announced:
"Today, we are honoring City Employees for outstandifig service
and after recognizing them, we will leave the dias and have our
hoto ra hes taken with the Cit Em lo ees as the Cit Mana er
-11-
F 0 R M A L S E S S I 0 N
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
13 September 1982
2:00 p.m.
Council Members Present:
John A. Bawn, 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 B. G. Campbell
Westwood Hill Baptist Church
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
- 1 2-
M I N U T E S
ITEM II-D.1 ITEM #18678
Upon motion by Councilwoman Creech, seconded by Vice Mayor
Henley, City Council voted to APPROVE the Minutes of the
Regular Meeting of August 23, 1982.
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. McC]anan, J. Henry McCoy,
Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
- 1 3-
P R E S E N T A T I 0 N S
ITEM II-E.1 ITEM #18679
Mayor Jones advised he had the privilege of being present
and placing the Little Miss Virginia Beach Banner on Chloe
Alexander Steinberg.
Mayor Jones introduced Chloe and advised she was nine years
old and the daughter of Mr. and Mrs. David Steinberg. Chloe
is a fourth grade student attending Linkhorn Park Elementary
School and is enrolled in the gifted and talented class at
Old Donation. Her goal is to be a famous dancer and she
composed her own choreography for her winning talent
presentation at the Pageant.
-ITEM II-E.2 ITEM #18680
Mayor Jones advised the Social Services Department received
three Outstanding Services Awards from the Virginia Commission
of Welfare. The Virginia Beach Agency was the only one in the
State of Virginia to receive three awards:
Frances S. Elrod, Director, Social Services
Walter Credle, Assistant Director, Social
Services
Nell S. Malbon, Administrative Manager,
Social Services
R E S 0 L U T I 0 N S
ITEM II-F.1 ITEM #17681
Upon motion by Councilman Heischober, seconded by Councilwoman
Oberndorf, City Council voted to ADOPT the Resolutions of
Appreciation and present same to:
Richard H. Kline - Development Authority
1 97 0- 1 9 82
George A. Woody - Development Authority
1 96 6- 1 982
Nancy A. Creech - Planning Commission
1975-1982
1 4-
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. McC]anan, J. Henry McCoy,
Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
1 5 -
RESOLUTION OF APPRECIATION
TO
RICHARD H. KLINE
WHEREAS, Richard H. laine has served as a nember of the
Development Authority from 1970 to 1982; and,
WHEREAS, Richard H. laine has served willingly and
untiringly in behalf of the City of Virginia Beach; and,
WHEREAS, his dedication and unselfish service involved
personal sacrifices and inconvehiences, not only to him, but
frequently to his family and/or business; and,
WHEREAS, we trust he realized satisfaction in success-
fully administering in his advisory capacity not onl.y to City
Council, but to the citizens of this fast growing metropolis.
NOW, THEREFORE, BE IT RESOLVED: That the Virginia
Beach City Council recognizes this record of twelve [121 years
of distinguished service in publicly expressing its sincere
gratitude for his contribution of time, energy and intellect.
BE IT FURTHER RESOLVED: That this Resolution of
Appreciation be made a part of th@ proceedings of the Formal
Session of City Cc)uncil this Thirteenth day of September, 1982,
in the City of Virginia Beach, Virginia.
Given under my hand and seal this
Thirteenth day of September,
Nineteen Hundred and Eighty-Two.
Mayor
1 6-
RESOLUTION OF APPRRCIATION
TO
GEORGE A. WOODY, JR.
WHEREAS, George A. Woody, Jr. has served as a member of
the Development Authority from 1966 to 1982; and,
WHERRAS, George A. Woody, Jr. has served willingly and
untiringly in behalf of @he City of Virginia Beach; and,
WHEREAS, his dedication and unselfish service involved
personal sacrifices and inconvenience@, not only to him, but
frequently to his family and/or business; and,
WHEREAS, we trust he realized satisfaction in success-
fully administering in his advisory capacity not only to City
Council, but to the citizens of this fast growing metropolis.
NOW, THEREFORE, BE IT RESOLVED: That the Virginia
Beach City Council recognizes this record of sixteen [16] years
of distinguished service in publicly expressing its sincere
gratitude for his contribution of time, energy and intellect.
BE IT FURTHER RESOLVED: That this Resolution of
Appreciation be made a part of the proceedings of the Formal
Session of City Counc,'-l this Thirteenth day of September, 1982,
in the City of Virginia Beach, Virginia.
Given under my hand and sdal this
Thirteenth day of September,
Nineteen Hundred and Eighty-Two.
Mayor
1 7 -
RESOLUTION OF APPRECIATION
TO
NANCY A@ CREECH
WHEREAS, Nancy A. Creech has served as a mernber of the
Planning Commission from 1975 to 1982; and,
WHERFAS, Nancy @. Creech has served willingly and
untiringly in behalf of the City of Virginia Beach; and,
WHEREAS, her dedication and unselfish service involved
personal sacrifices and inconveniences, not only to her, but
frequently to her family and/or business! and,
WHEREAS, we trust she realized satisfaction in success-
fully administering in her advisory capacity not only to City
Council, but to the citizens of this fast growing metropolis.
NOW, THEREFORE, BE IT RESOLVED: That the Virginia
Beach City Council recognizes this record of seven and one-half
(7-1/2) years of distinguished service in publicly expressing its
sincere gratitude for her contribution of time, energy and
intellect.
BE IT FURTH@.:z RESOLVED: That this Resolution of
Appreciation be made a part of the proceedingp of the Formal
Session of City Cc)uncil t-Iiis Thirteenth day of September, 1982,
in the City of Virginia Beach, Virginia.
Given under my hand and seal this
Thiiteenth day of September,
Nineteen Hundred and Eighty-Two.
Mayor
-18-
ITEM II-F.2.a ITEM #18682
Upon motion by Councilwoman Oberndorf, seconded by Councilman
McCoy, City Council ADOPTED the Resolution paying tribute to
the One Hundred Tenth Anniversary of the founding of the
Ancient Arabic Order Nobles of the Mystic Shrine and the
Sixieth Anniversary of the Shriners Hospitals for Crippled
Children.*
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. lqcclanan, J. Henry McCoy,
Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
*This Resolution was presented to the Mid-Atlantic Shrine
Association on September 9, 1982, by Councilman McCoy
in the Mayor's behalf
1 9-
R E S 0 L U T I 0 N
WHEREAS, in 1870 several thousand of the 900,000 inhabitants
of Manhattan, New York, were rnembers of the fraternal Masonic order and
many of them regularly lunched at a special table on the second floor
of the Knickerbocker Cottage, a restaurant at 426 Sixth Avenue. 7hese
Masons were noted for their good humor and wit. They often discussed
the idea of a new fraternity for Masons in which fun and fellowship
would be stressed rather than ritual;
WHEREAS, Actor William Florence, a member of the Knickerbocker
lunch group, witnessed an Arabian ente@tainment while on a European tour
and brought home the idea of using that oriental motif as the vehicle
for the new fraternity. Dr. Walter Fleming, another Knickerbocker Mason,
developed this idea into a ritual and designed the structure of the new
orgahization to be called the ANCIENT ARABIC ORDFR OF THE NOBLES OF THE
MYSTIC SHRINE;
WHEREAS, on September 26, 1872, at 114 East Thirteenth Street,
NYC, the first Shrine Tbmple--named MECCA TEMPLE--was organized with the
original twenty-three Masons of Knickerbocker Cottage as Charter Members
--the first NOBLES;
WHEREAS, Shriners come from all walks of life, they represent
a cross-section of social, economic, educational and spiritual men in
North Arnerica--nearly 1-Million today--and with their individual unique-
ness, they adhere to the principles of Freemasonery, Brotherly Love,
Relief and Ttuth--they are dedicated to the vows of morality in public
and private life--they espouse belief in a Supreme Being and in the
constitutional rights of free choice of religion and political persua-
sion;
WHEREAS, at the 1920 Session of the Iinperial Council
A.A.O.N.M.S. in Portland, Oregon, a resolution was adopted establishing
the "Shriners Hospital for Crippled Children" to be supported by a
yearly assessment from each Noble Shriner;.and,
WHEREAS, Shriners Hospitals apply a total-care approacb to the
treatment of their patients at their twenty-one Childrens Hospitals
located throughout the continental United States, Hawaii, Mexico and
Canada, the philosophy of these hospitals is that "while medicine might
heal the body, tending to a child's mind and spirit is vital to achiev-
ing optimal results". The Shriners "Investment in Humanity" improves
the quality of life for crippled and burned children.
NOW, THEREFORE, BE IT RESOLVED: That during the Thirty-Ninth
Annual Meeting of the Mid-Atlantic Shrine Association in Virginia Beach,
September 9-12, 1982, the City recognizes and pays tribute to the One
'Hundred Tenth Anniversary of the founding of the Ancient Arabic Order
Nobles of the mystic Shrine and the Sixtieth Anniversary of the Shriners
Hospitals for Crippled Children.
BE IT FURTHER RESOLVED: That the City Council direct the
Clerk of Cc)uncil to frame this Resolution for presentation to officials
of the 4id-Atlantic Shrine Associatiori with a copy to be spread upon the
minutes of the next regular meeting of this governing body on September
13, 1962
Given under my liand and seal this
Thirteenth day of September,
Nineteen Hundred and Eighty-Two.
Mayor
- 2 0-
ITEM II-F.2.b ITEM #18683
Upon motion by Councilman Jennings, seconded by Councilwoman
Oberndorf, City Council voted to ADOPT the Resolution
requesting the Mayor proceed to communicate with the Commissioner
of Health and such other public officials for the purpose of
having them reverse the denial of the application of the
Virginia Beach General Hospital for a CERTIFICATE OF NEED to
expand its maternity care facilities.
Voting: 9-0
Council Members Voting Aye:
Harold Heischober, Vice Mayor Barbara M. Henley,
H. Jack Jennings, Jr., Mayor Louis R. iones,
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 Abstaining:
John A. BaLa, and Nancy A. Creech
Council Members Absent:
None
21-
R B S 0 L U T I 0 N
WHEREAS, the Virginia Beach General- Hospital, Virginia Beach,
Virqinia, has made application to the Department of Health, Commonwealth
of Virginia, for a Certificate of Need for the purpose of expanding its
maternity care facilities;
WHEREAS, said application had been made after an exhaustive
study and investigation of the need to increase said facilities to pro-
vide optimal, cost-effective health care for the residents of this City;
WHEREAS, said application had been unanimously approved by
investigative and regulatory agencies prior to its submission to the
Virginia Departrnent of Health;
WHEREAS, the Virginia Department of Health, through its Commis-
sioner, has denied the Certificate of Need for such facilities;
WHEREAS, the population growth in the City of Virginia Beach
has been dramatic over the past decade and shows no sign of abating;
WHEREAS, additional demands, beyond its present capacity, are
being placed upon the Virginia Beach General Hospital to accommodate
welfare patients of approximately four hundred (400) births a year;
WHEREAS, the'availability of optimal, cost-effective and ade-
quate health care facilities is of great importance to the residents of
this City;
WHEREAS, the City Council of the City of Virginia Beach
strongly supports the application of the Virginia Beach General Hospital
for a Certificate of Need to expand its maternity care facili-lies; and,
WHEREAS, the City Council of the City of Virginia Beach feels
that the decision to deny the application for the said Certificate of
Need was in error and should be reversed.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA: That the Mayor, on behalf of the City
Cc>uncil, proceed forthwith to communicate with the Commissioner of Health
and such other public officials, including the Governor and Legislative
Delegates, and to take such other and further action deemed necessary
for the purpose of having reversed the denial of the application of the
Virginia Beach General Hospital, Virginia Beach, Virginia, for a
CERTIFICATE OF NEED to expand its maternity care facilities in order
that the present and anticipated health care needs of the residents of
this City can be properly and adequately served and met.
ADOPTED BY TIIE COUNCIL OF THE CITY OF VIRGINIA BEACH ON THE
13th DAY OF September, 1982.
City Clerk
8/26/82
(RES.2)
- 2 2 -
ITEM II-F.2.c ITEM #18684
Mayor Jones announced the Resolution setting forth the policy
of the City of Virginia Beach relating to acceptance of cash
gifts need not be voted upon as it was decided in the INFORMAL
SESSION this item was covered by the City Charter and the State
Code.
The City Council decided to allow the City Manager to place
the funds received in the Department of Parks and Recreation
under the control of Mr. Harold Whitehurst, Director of the
Department of Parks and Recreation, who will disburse the
futids for youth programs. Following the full disbursement
of the funds Mr. Whitehurst will make a full itemized report
to City Council as to how the funds were used.
Couiicilman Kitchin read a prepared statement concerning the
above matter, (copy of which will be made a part of these
proceedings).
C 0 N S E N T A G E N D A
ITEM II-G ITEM #18685
Upon motion by Councilman McCoy, seconded by Councilman Baum,
City Council voted to ADOPT the CONSENT AGENDA by ONE MOTION,
with the exception of ITEMS 11-G.1 and II-G.3, which will be
voted on separately and II-G.20 which will be REMOVED INDEFINITELY.
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. iones, Robert G. iones, 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
*VERBAL ROLL CALL OF COUNCIL FOR CONSENT AGENDA
- 2 3-
ITEM II-G.2 ITEM #18686
Upon motion by Councilman McCoy, seconded by Councilman
Baum, City Council voted to uphold the recommendation of
the City Manager and ADOPT the Resolution authorizing an
amendment to the Newlight Street Improvements 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, III, Reba S. McClanan, J. Henry McCoy,
Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
*VERBAL ROLL CALL OF COUNCIL FOR CONSEIIT AGENDA
2 4-
Requested by the Office of Housing and Community Development
RESOLUTION AUTHORIZING AN AMENDMENT TO THE
NEWLIGHT STREET IMPROVEMENTS PROJECT
WHEREAS, there is a need for low and moderate income housing
ill the Newlight target n'eighborhood; and
WHEREAS, vacant property exists in the Newlight neighborhood
upon which low and moderate income housing may be developed; and
WHEREAS, Heritage Construction and Development Corporation
of Virginia has indicated a willingness to build twenty duplexes on
this vacant land to be rented to low and moderate income residents
under the City's Section 8 Existing Housing Program; and
WHEREAS, pursuant to the request of Heritage Construction
and Development Corporation of Virginia, the Newlight Street
Improvements Project was amended to include a 408 foot extension of
Thompkins Lane to the west to create a new street called Thompkins
Court; and
WHEREAS, the construction of the new street (Thompkins
Court) was funded pursuant to 24 CFR 570(f) with Community Development
Block Grant Funds in the amount of Forty Thousand Dollars
($40,000.00); and.
WHEREAS, it is an eliqible activity for Community
Development to underwrite the cost.of the new street as a part of an
approved street improvements project; and
WHEREAS, the Citizens Advisory Committee for Housing and
Community Development and the HUD area office have approved the use of
-Community Development funds for the construction of the new street on
th4-G vacant land; and
WHEREAS, the owners of the vacant land have dedicated the
necessary rights of way and easements for the construction of the new
street improvement.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
2 5 -
THAT the Newlight Street Improvements Project be amended to
incorporate the development of Thompkins Court as a part of the
Newlight Street Improvements Project at a cost not to exceed Forty
Thousand Dollars ($40,000.00).
BE IT FURTHER RESOLVED, that the City Manager is hereby
a'uthorized to enter into an agreement with the owner/developers
(Heritage Construction and Development Corporation) of the land along
Thompkins Court to ensure that such land will be specifically
developed for rental housing that qualify for low and moderate income
residents.under the City's Section 8 Existing Housing Program.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the 13th day of SepteiAber 1982.
DSH/sm
9/3/82
TURE
-E)EPA:@ [,%@l@T
APPROVED AS TO FORM
SiGrqA)CkE
CITY ATIORNEY
-2-
- 2 6 -
ITEM II-G.4 ITEM #18687
Upon motion by Councilman McCoy, seconded by Councilman
Baum, City Council voted to uphold the recommenda-cion of
the City Manager and ADOPT the Resolution authorizing the
City Manager to execute a processing, disbursing and
servicing agreement with the Lomas and Nettleton Company
for the purpose of implementing the rehabilitation and last
resort housing loan programs.
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 fqay:
None
Council Members Absent:
None
*VERBAL ROLL CALL OF COUNCIL FOR CONSENT AGENDA
2 7 -
Requested by Office of Housing and Cormrunity Development
RESOLUTION AUTHORIZING THE CITY
MANAGER TO @XECUTE A PROCESSING,
DISBURSING AND SERVICING AGREEMENT
WITH THE'LOMAS AND NETTLETON COMPANY
FOR THE PURPOSE OF IMPLEMENTING THE
REHAIIILITATION AND LAST RESORT HOUSING
LOAN PROGRAMS
WHEREAS, pursuant to Virginia law Section 15.1-29.1, of
the Code of Virginia, in which it is authorized for Cities to
loan federal funds for the financing of rehabilitation loans and
Last Resort Housing loans as long as such funds are deposited
in a special fund, which shall be established separate and apart from
any other funds, general or special, and
. WHEREAS, the City has established a special federal fund for
the purpose of making rehabilitation and Last Resort Housing loans
to low and moderate income residents residing in selected
neighborhoods, and
WHEREAS, the Virginia Housing Development Authority lias
declined to process, disburse and service rehabilitation and Last
Resort Housing loans of the City's Housing and Cornmunity Development
Program, and
WHEREAS, the City has a loan and grant program and Last
Resort Housing program whereiii federal funds are allocated for the
purpose of providing low interest loans to low and moderate income
residents in selected neighborhoods for the rehabilitation and/or
construction of decent, safe replacement housing, and
WHEREAS, the Lomas & Nettleton Company is duly qualified to
engage in the business of making and servicing loans for Housing
Rehabilitation and Replacement Housing under the City's relocation
program in the Commonwealth of Virginia, is a Housing Loan
originator and sorvicer approved by the City, and desires to process,
disburse and service Cor=unity Development loans in connection with
the City's rehabilitation and relocation programs.
NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE
CITY OF VIRGINIA BEACH, VIRGINIA:
The City Manager is hereby authorized to enter into an
28-
agreement with the Lomas & Nettleton Company for the processing,
disbursing and servicing of the City's Community Development
Rehabilitation and Last Resort Housing loans for low and moderate
income residents in selected neighborhoods. Said agreement is
attached hereto and incorporated by reference as EXHIBIT "A".
BE IT FURTHER RESOLVED, that all such loans will be
federal funds, disbursed from a special account established
separate and apart from all other City funds, general or
special.
I BE IT FURTHER RESOLV@D, that all such loans will be
evidenced by a deed of trust and note on the property for
which the funds are borrowed, and such deed of trust and note
shall name the City of Virginia Beach as Mortgagee and Noteholder.
,Adopted by the Council of the City of Virginia Beach,
virginia, on the 13 day of September 1982.
DSH/ih
9/3/8 2
AOROVE
4RPROVED AS To Fo.,Z
SIGNAT@,41
CITY ATT6,@NEY
- 2 9-
-ITEM II-G.5 ITEM #18688
Upon motion by Councilman McCoy, seconded by Councilman
Baum, City Council voted to uphold the recommendation of
the City Manager and ADOPT the Resolution authorizing the
City Manager to execute a contract with the Community
Services Board.
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. iones, 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
*VERBAL ROLL CALL OF COUNCIL FOR CONSENT AGENDA
30-
Requested By: Office of Housing and Community Development
RESOLUTION AUTHORIZING THE
CITY MANAGER TO EXECUTE
A CONTRACT WITH THE
COMMUNITY SERVICES BOARD
WHEREAS, the Community Services Board has determined
that there is a need for residential housing for the mentally
disabled adults; and
WHERE.AS, providinq such housinq is a goal of the City's
Housing Assistance Plan under the Community Development'Block
Grant Proqram; and
WHEREAS, the City's Community Development Eiqhth Program
Year application included $40,000 for the Community Services Board
to purchase a residential facility for five mentally disabled
adults; and
WHEREAS, since approval of the application, the
Community Services Board has adjusted its programming for this
facility to serve three persons; and
WHEREAS, the Citizens' Advisory Committee for Housing
and Community Development has advised that the funds be reduced in
proportion to the number of persons to occupy the facility,
specifically $24,000; and
WHEREAS, the Community Services Board has temporarily
agreed to the Citizens' Advisory Committee's recommended change in
funding with the understanding that the Community Services Board
may seek the full $40,000 at a future date depending upon the
review of other funding alternatives.
THAT the City Manager is hereby authorized to execute a
contract with "he Community Services Board providing funds in the
amount of $24,000 for the purchase of a residential facility for
mentally disabled adults.
Adopted by the Council of the City of virginia Beach,
Virginia on the -13 day of September -, 1982. APPPOVED AS TO CONTET@T
SIGNATURE
9/7/82
(RES) DEPARTMF.NT
APPROVED AS TO
- 31 -
ITEM II-G.6 ITEM #18689
Upon motion by Councilman McCoy, seconded by Councilman
Bauin, City Council voted to uphold the recommendation of
the City Manager and ADOPT the Resolution authorizing the
Virginia Department of Highways and Transportation to
proceed with the acquisition of necessary rights-of-way
for the construction of Newtown Road Phase II 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, III, Reba S. McC]anan, J. Henry McCoy,
Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
*VERBAL ROLL CALL OF COUNCIL FOR CONSENT AGENDA
32 -
R E S 0 L U T I 0 N
WHEREAS, Section 33.1.-89 of tlie Code of Virginia, as
amended by the 1970 Session of the General Assembly, authorizes
the State Highway and Transportation Commissioner to acquire
rights of way for the construction, reconstruction, alteration,
maintenance and repair of public highivays within municipalities
on projects which are constructed with State or Federal
participation; and,
WHEREAS, Section 33.1-89, as ainended, further provides
that the State Highway and Transportation Commissioner may
exercise such authority only upon receipt of official request
from the City or Town involved.
NOW, THEREFORE, BE IT RESOLVED, that the City Council
of Virginia Beacli, Virginia, hereby requests the State Highway
and Transportation Commissioner to acquire tlie necessary rights
of way for the Newtown Road Project UOOO-134-107, C-503, C-504,
From: Virginia Beach Boulevard To: Baker Road within the
corporate limits of said City and to coiivey the title to such
rights of way to tlie City of Virginia Beacli and agrees to
@reimburse the State Highway and Transportation Department for
FIVE PERCENT (S%) of all costs incurred in the acquisition
and conveyance of such rights of way; and, it is understood that
Ucli @cquisitions will be handled by tlie Commissioner under
established policies and procedures and his decision in all
instances will be final.
CITY COUNCIL OF VIRGINIA BEACH
By
TI'EST:
Date: 19
APPi'!OVFD A" TO COTITE.NT
l' PTk@ENT
- 3 3 -
ITEM II-G.7 ITEM #18690
Upon motion by Councilman McCoy, seconded by Councilman
Baum, 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 $1,510.64.
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, i. Henry McCoy,
jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
*VERBAL ROLL CALL OF COUNCIL FOR CONSENT AGENDA
"C@ C:.A- 7 3 4-
8/30/82 Et!C
At4 ORDINANCE AUT@Ori!Zi@@G TAX n7-@UNDS
UPON APPLICATION OF CE:RTAlt,l PERISONS
AND L;PON CERTIFIC,%TIOIll OF THE TP.EASURER
FOR PAYIi-=t4l-
BE IT ORDA[i'4ED BY -l'ile COU@CIL OF 'HE CIT@' OF VIRGij',Jl/@ BEACH, VlriGINIA:
That the following applications fo,@ tax refunds upoi cei'tification of the Treastji-e. are hereby appi,oved:
NA14E Tax Type Ticket Exonera- Date Penalty Int. Totaf
Year of Tax NLlnber tion t4o. Paid
L Pircus Jr 82 RE(1/2) 62346-4 12/5/81 151.22
eleii G McGrath 82 RE(1/2) 52016-4 11/3/81 41.55
!e-len G ticgi-ath 82 RE(2/2) 52016-4 11/3/81 4l.jr5
utual Fede,al S ei L 80 RE(1/2) 21145-5 12/ri/79 7.40
utual Federal S & L 80 RE(2/2) 21145-5 6/5/80 7.40
utual Federal S & L 81 RE(1/2) 249r,2-0 12/5/80 6.70
u-LLial r-ederal S & L 81 RE(2/2) 249@02-0 6/5/81 6.70
U'-Lial Fede,-al S & L 82 @E(1/2) 25733-2 12/5/81 7.20
utual Federa) S & L 82 RE(2/2) 25733-2 6/5/82 7.'40
ape Heriry Toviers 82 RE(1/2) 17036-3 12/5/81 178.20
ape li'enry Tovie@'s 82 RE(2/2) 11036-3 6/5/82 178.t'@3
anLil'acturers Hanover @lort. 82 RE(1/2) 48473-3 12/5/81 34.12
3nti@vacture-s Hai-iover tlort. 82 RE(2/2) 48473-8 5/20/82 34.12
illia,T, & @'iar4angela Virgili 80 RE(1/2) 65788-4 12/4/79 25.90
il-iii,@ & tlariargela Vii@ili 80 RE(2/2) 65788-4 6/5/80 25.@,O
ill iEq,&Ifiariatigela Virgi'li C' 1 PE(1/211 778,@2-4 12/5/80 115.11@
i a;,i & t@',ar i ziiigel a Vi 1,9 -i I i 81 RE(21/2) 1178'12-4 -0/3/81 21@z . 1 3
i ail & 14ari aiic el a Virg-i"i 89@ RE(1/2) 81072-4 12/4/81 32,40
i @i ieai&llari a!ige I a Vit,gi Ii 82 RE(2/2@) 81 0 -/'2 6/.@/82
i 1 1 i arp&A ri.-.. c,. '@cl,@amara @io RE(1/2NI 42304-8 '11,/27/79 4.81
i I 1 4 Z;rl&Arne tic!,@ar!ip ra 80 RE(2/2) 42304-8 6/5/'80 4,81
i
i I I i iir,,.&A i i i, F-. t-Ic@lairara 8 I f@E(1/2) 'DO528-0 l@/5/80 4.
i I I i aiq&Anne @,icNailera 81 RE/2/2) 50528-0 6/5/81 4.3,:,
I 1 @ni&Anre ',Icllamara 82 RE(1/2) 52581-9 12/2/81 4. 6@',
'i i e,:,;&Anne Icl@amara 82 RE(2/2) 52581-9 6//'@/82 4.
aVonda Davis 82 Pktig 16750 7/21/82 lo.()(I
oaiine 1-igge-'Lt 82 Pkng 7657-9 7/28/82 io.oct
,j ,3 Total 916.10
OF
i@li's ordir..atice shall be effe(@ti%,e frorn date of adoption.
ThE, above abatement(s) totaling Ce@,
weie apprc)vcd by
!be (;OLincil of ttle C'ty of Virginia
B,@itch (,,ti day of
Approv(id as to form:
Ruth Hodc,(,,s Sniith
C@ly Cirrk
35 -
8/23/8@@ Et-!C
AN ORDINA,\ICE AUTII--RIZING TAX F.EFUNDS
UPON APPLICATlOi4 OF CFRTAIN PERSC)NS
AND UPON CERTIFICATION OF THE -TREASURER
FOR PAYMENT
BE IT OPDAINED BY THE COUNCIL OF THE CII-Y OF VIRGlIqlA BEACH, VIRGINIA:
That the following applications for tax refunds upon certification of tlie Treasurer are hereby approved:
tiAME Tax Type Ticket Exoner-.t-- Date Penalty Int. Total
Year of Tax Number tion NO. Paid
anelli & Sliapiro 82 RE(1/2) 28372-2 11/6/81 3.60
aiielli & Shapiro 82 RE(1/2) 28373-1 10/21/81 3.60
anelli & @-hapiro 82 RE(1/2) 28375-9 11/6/81 3.60
ziiielli & Shal)iro 82 RE(1/2) 28377-7 10/26/81. 3.60
@,nelli & Shapiro 82 RE(1/2) 28378-6 11/16/81 3.60
anelli & Shapir-o 82 RE(1/2) 283CO-2 12/4/81 3.60
ldred 14 @lott 82 Pkng 9290 7/28/82 10.00
niiis E Mitchell 82 Pkng 20546 8/10/82 20.00
n,es t@l Baker 82 Pkng 30218 7/23/82 6.00
resa Bui-ris 82 Pkng 21582 7/9/82 10.00
I,! Barnes Inc 82 Pktig 9286 7/23/82 10.00
rbert C Clements 82 Pkng 32618 7/12/82 15.00
cliard M James 82 Pkng 30220 7/26/82 6.00
cliael J Lloyd 82 Pkng 9287 7/23/82 10.00
Total 108.60
pLi C, 2 4 rttB2
0 EP
This ordin@ince shall be effective fron-, dite of adoption.
he above abatement(s) totaling Cer
were approved by
tho Couticil of the City of Virgiiiia
Beach on t:ie-- day of
lpprov0d a
Ruth tiodgcs Sniith
Cily Cleik 7
li@ 13i /\ttorney
t4 0 C; .,k. 7 3 6-
C/1 7,,",12
AN ORDINANCE AUTFIORIZING TAX REFUNDS
UPON APPL-!CATION'OF CERTP,11,4 PERSONS
AND UPON CERTIFICATiO.@ OF THE I-REASURER
FOR PAYMENT
BE IT ORDAit4ED BY THE COUNCIL OF THE CITY OF VIP.GINIA BEACH, VIRGINIA:
That the following applicatioiis for tax refunds up n cer i u
0 t fication bf the Treas rer are hereby approved:
NAME Tax Type Ticket Exonera- D ate
Year of T-,ix Ntimber tion No. Paid Penalty I nt. To,al
illiar,i Kennedy 82 RE(1/21) 43109-1 12/4/81 79.72
Green Run Homcs Assoc 82 RE(1/2) 30965-,1 12/5/81' 15.38
L-loyd & Flarian Riggs 79 RE(1/2) 56988-4 12/4/78 10.18
Lloyd & @larian Riggs 79 RE(2/2) 56-088-4 5/1'1/79 10.18
Lloyd & llari@in-Riggs 80 RE(1/2) 53370-4 12/5/79' 12.62
Ll@yd & Mariaii Riggs 80 RE(2/2) 53370-4 6/5/80 12.62
loyd & @lar'.an Riggs 81 RE(1/9-) 63570-0 11/28/80 13.4-1.
loyd & Mariaii Riggs 81 RE(2/2) 0-35,70-0 6/5/81 13.41
ndra G Ed@qards 82 Pkng 18440 7/13/82 15.00
onald R Nlurry 82 pp 911189 5/10/82 15.78
oxcroth Ltd 82 pp 438223 6/1/82 180.84
ybil BraLitigam 82 pp 142686 5/21/82 69.00
driaho G Al!flazan 81 pp 2018 5/29/81 37.80
Total 485.94
AU'U' ll,'82
c)-
Ti,is crdiiiarice shall be effective from date of adodtion.
The above abatement(s)- totaling
to payment:
were apl)ro,ied by
he COLJllcil of the City of Virginia
E3eacti oti the- day of
io fol-[,,i:
Rutti liodges Smith
CitY C.I,-,rk /v
- 3 7 -
ITEM II-G.8 ITEM #18691
Upon inotion by Councilman McCoy, seconded by Councilman
Baum, City Council voted to uphold the recomitiendation of
the City Manager and APPROVE the following Raffle Permits:
Messiah Lutheran Church (Activities Committee)
Tidewater Crime Clinic
Virginia Beach Legal Secretaries Association
Voting: 11-0*
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober,
Vice Mayor Barbara M. Henley, H. Jack iennings,
Jr., Mayor Louis R. Jones, Robert G. iones, W. H.
Kitchin, III, Reba S. McClanan, J. Henry McCoy,
Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Couticil Members Absent:
None
*VERBAL ROLL CALL OF COUNCIL FOR CONSENT AGENDA
- 38-
ITEM II-G.9 ITEM #18692
Upon motion by Councilman McCoy, seconded by Councilman
Baum, City Council voted to uphold the recommendation of
the City Manager and DENY the application of Michael
Fitzgerald, t/a Atlantic Yellow Cab, Inc., for a
Certificate of Public Convenience and Necessity.
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
*VERBAL ROLL CALL OF COUNCIL FOR CONSENT AGENDA
- 3 9-
ITEM II-G.10 ITEM #18693
Upon motion by Councilman McCoy, seconded by Councilman
Baum, City Council voted to uphold the recommendation of
the City Manager and APPROVE ON FIRST READING the Ordinance
to appropriate funds of $75,000 for the Virginia Museum of
Marine Sciences.
Voting: 10-0*
Council Members Voting Aye:
John A. Baum, Harold Heischober, Vice Mayor
Barbara M. Henley, H. Jack Jennings, Jr.,
Mayor Louis R. Jones, Robert G. Jones, W. H.
Kitchin, III, Reba S. McC]anan, J. Henry
McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Abstaining:
Nancy A. Creech
Council Members Absent:
None
*VERBAL ROLL CALL OF COUNCIL FOR CONSE14T AGENDA
40-
AN ORDINANCE TO APPROPRIATE
FUNDS OF $75,000 FOR THE
VIRGINIA MUSEUM OF MARINE
SCIENCES
WHEREAS, the City of Virginia Beach desires a Museum of
14arine Sciences, and
WHEREAS, the General Assembly has provided funding of
$75,000 in the first year of the 1982-1983 biennium to assist
in such a purpose, and
WHE@ , this funding requires no local match and will
assist in financing@the FY83 operating budget of the Museum
for approximately eight months.
NOW THEREFORE BE IT O.RDAINED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH that funds of $75,000 be appropriated to
the General Improvpm-nts Capital Projects Fund to assist in
financing the FY83 operating budget of the Virginia Museum
of Marine Sciences.
BE IT FURTHER ORDAINED that estimated revenue from the
Commonwealth be increased by @75,000 to finance this appro-
priation.
This ord-@-nance shall be effective from the date of
adoption.
Adopted by the Council of the City of Virginia Beach
on day 6f 1982.
FIRST READING: Septeilber 13, 1982
SECOND READING:
T
,14 E
- 41 -
ITEM II-G.11 ITEM #18694
Upon motion by Councilman McCoy, seconded by Couiicilman
Baum, City Council voted to uphold the recommendation of
the City Manager and APPROVE ON FIRST READING the Ordinance
to appropriate funds of $2,867,850 for the City of Virginia
Beach school programs funded by special categorical Grants
for school year 1982-83.
Voting: 11-0*
Council Members Voting Aye:
John A. bawn, 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:
Noyle
Council Members Absent:
None
*VERBAL ROLL CALL OF COUNCIL FOR CONSENT AGENDA
42 -
Requested by: Department of Finance
AN ORDINANCE TO APPROPRIATE
FUNDS OF $2,867,850 FOR CITY
OF VIRGINIA BEACH SCHOOL
PROGRAMS FLJNDED BY SPECIAL
CATEGORICAL GRANTS FOR SCHOOL
YEAR 1982-83
WHERF-AS, the Virginia Beach School Board has been notified
that it will receive funds of $2,867,850 through special state
and federal categorical grants for the school year 1982-83, and
WHEREAS, these funds were not included in the FY83 School
Operating Budget approved by City Council, and
WHEREAS, the School Board at its meeting on August 17, 1982,
approved this funding @d requests that City Council appropriate
these funds, and
,WHEREAS, it is desirable and necessary for City Council
to appropriate these funds prior to the expenditure thereof.
NOW THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BF-ACH,/ VIRGINIA that funds of $2,867,850 are hereby
appropriated for school purposes for FY82-83 under the auspices
of the following grants:
Grant Source Amount
Community Education State $ 20,boo
Remedial Education State 215,325
Title VI-B - P.L. 142 Federal 921,899
In.apter I, P.L. 97-35 (Title I) Federal 1,383,373
Chapter II, P.L. 97-35 Federal 276,868
Title IV-C (ESF-A) Federal 29,730
Title VI-C, P.L. 94-142 Federal 20,655
Total $2 867 850
BE IT YURTHER ORDAINED that this appropriation will be
financed by $235,325 estimated revenue from the Commonwealth and
$2,632,525 estimated revenue from the Federal Government, and
BE IT FMTHER ORDAINED that this appropriation is authorized
subject to the expenditures being incurred with no local match.
This ordinance shall be effective for the fiscal year
beginning July 1, 1982.
Adopted by the Counc3'.1 of the City of Virginia Beach,
Virginia on the day of 1982.
FIRST RF.ADING: September 13, 1982 APPROVI@ AS TO CO.',IIP4T
SECOND R&UING:
7
- 4 3-
ITEM II-G.12 ITEM #18695
Upon motion by Councilinan McCoy, seconded by Councilman
Bauin, City Council voted to uphold the recommendation of
the City Manager and ADOPT the Ordinance to amend and
reordain Section 23-47, Subsection (a) of the Code of the
City of Virginia Beach pertaining to loud, disturbing and
unnecessary noise.
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
*VERBAL ROLL CALL OF COUNCIL FOR CONSENT AGENDA
44-
AN ORDINANCE TO AMEND AND REORDAIN
SECTION 23-47, SUBSECTION (a) OF THE
CODE OF THE CITY OF VIRGINIA BEACH
PERTAININD TO LOUD, DISTURBING AND
UNNECESSARY NOT@E.
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That Sedtion 23-47, Subsection (a) of the Code of the
City of Virginia Beach is hereby amended and reordained as
follows:
Section 23-47. Loud, disturbing and unnecessary noise.
(a) It shall be unlawful for any person to create, or
allow to be created on any premises in his possession or control,
any unreasonably loud, disturbing and unnecessary noise in the city
or any noise of such character, intensity and duration as to be
detrimental to the life or health of any person or unreasonably to
disturb@or annoy the quiet, coinfort or repose of any person. The
following acts, among otliers, are declared to be loud, disturbing
and unnecessary noise in violation of this section, but such
enumeration shall not be deemed to be exclusive:
(1) The playing of any television set, radio, phonograph
or any musical instrument in such a manner or with such
volume as to annoy or disturb the quiet, comfort or
repose of persons in any dwelling, hotel or other type of
residence.
(2) The keeping of any animal which, by causing frequent
or long-continued noise, shall disturb the comfort and
repose of any person in the vicinity to such an extent as
to constitute a nuisance.
(3) The creation of any excessive noise on any street
ad'acent to any school, institution of 1
earning or court,
while the same is in session, or adjacent to any building
used as a place of public worship, while I:)eing so used,
or adjacent to any hospital, which unreasonably
45 -
interferes with the workings of such school, institution
or court or the services being conducted in such place of
public worship or which disturbs or unduly annoys
patients in such hospital.
(.4) The shouting and crying of peddlers, hawkers and
vendors which disturbs the peace and quiet of the
neighborhood.
(5) The use of any drum, loudspeaker or other instrument
or device for the purpose of attracting attention, by
creation of noise, to any performance, show or sale or
dis@lay of rnerchandise.
This ordinance shall be effective from date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia on
the . 13 day of September 1982.
GLF/sm
9@1/82
(B)
A,PPROVED C@T @N
,GNATURE
DEPARTMENT
'APPI
C:TY ATTO@',IEY
@2-
- 46-
ITEM II-G.13 ITEM #18696
Upon motion by Councilman McCoy, seconded by Councilman
Baum, City Council voted to uphold the recommendation of
the City Manager and ADOPT the Ordinance to enact a Section
27-7 of the Code of the City of Virginia Beach pertaining
to interference with police dogs.
Voting: 11-0*
Council Meinbers Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober,
Vice Mayor Barbara M. Henley, H. Jack Jennings,
Jr., Mayor Louis R. iones, Robert G. Jones, W. H.
Kitchin, III, Reba S. McC]anan, J. Henry McCoy,
Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
*VERBAL ROLL CALL OF COUNCIL FOR CONSENT AGENDA
4 7 -
Requested by: Chief of Police
AN ORDINANCE TO ENACT A SECTION 27-7 OF
THE CODE OF THE CITY OF VIRGINIA BEACH
PERTAINING TO INTERFERENCE WITH POLICE
DOGS
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OP
VIRGINIA BEACH THAT:
Section 27-7 of the Code of the City of Virginia Beach
is hereby enacted as follows:
Section 27-7. Interference With Police Dogs.
Any person who willfully torments, beats, kicks,
strikes, injures, or otherwise mistreats a dog owned by the
Department of Police or who willfully interferes with the lawful
performance of such dog in a police activity shall be guilty of a
Class II Misdemeanor. Any person who willfully touches such dog
in any manner a-4ter being directed not to do so by a police
officer shall be guilty of a Class IV Misdemeanor.
This Ordinance shall be in effect from and immediately
after its adoption.
Adopted by tbe City Council of Virqinia Beach,
Virginia, this 13 day of Septeinber 1982.
MES/sm
6/9/82
(A.1)
- 48-
ITEM II-G.14 ITEM #18697
Upon motion by Councilman McCoy, seconded by Councilman
Baum, City Council voted to uphold the recommendation of
the City Manager and ADOPT the Ordinance to add a Section
2-230 to the Code of the City of Virginia Beach pertaining
to penalty charges for bad checks.**
Voting: 11-0*
Council Members Voting Aye:
John A. BaLmi, 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, i. Henry McCoy,
Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
*VERBAL ROLL CALL OF COUNCIL FOR CONSENT AGENDA
**THIS ITEM WAS DEFERRED ON AUGUST 16 and AUGUST
23, 1982
4 9-
AN ORDINANCE TO ADD A SECTION 2-230
TO THE CODE OF THE CITY OF VIRGINIA
BEACH PERTAINING TO PEIIALTY CHARGES
FOR BAD CHECKS
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
That a Section 2-230 is hereby added to the Code
of the City of Virginia Beach as follows:
Section 2-230. Penalty charge for bad checks.
The City Treasurer is hereby authorized and-required
to impose a penalty charge of Ten Dollars ($10.00) for any bad
check submitted for payment of any taxes, levies, or fees due
to the City.
This Ordinance shall be effective on and after the
date of its adoption.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the 13th day of September -1 1982
For State authority see Section 15.1-29.4 Code of Virginia as
amended.
MES/re
5 / 1 2 /82
6 /4 / 82
(B.2)
- 5 0-
ITEM II-G.15 ITEM #18698
Upon motion by Councilman McCoy, seconded by Councilmall
Baum, City Council voted to uphold the recommendation of
the City Manager and ADOPT the Ordinance to add a Section
35-11 to Article I of Chapter 35 of the Code of the City
of Vi rgi nia Beach pert ai ning to the credi t of tax payments
by City Treasurer.
Voting: 11-0*
Council Members Voting Aye:
John A. BaLa, 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
*VERBAL ROLL CALL OF COUNCIL FOR CONSENT AGENDA
51 -
Requested by City Treasurer
AN ORDINANCE TO ADD A SECTION 3.5-11 TO
ARTICLE I OF CHAPTER 35 OF THE CODE OF
THE CITY OF VIRGINIA BEACH PERTAINIXG To
THE CREDIT OF TAX PAYMENTS BY CITY
TREASURER
BE IT ORDAINED BY THE,COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That Article I of Chapter 35 of the Code of the City of
Virginia Beach is hereby amended by adding a Section 35-11 as
follows:
Section 35-11. How tax Payments credited by treasurer.
Any payment of local levies received by the treasurer
shall be credited first aqainst the most delinauent local account
of the person makinq pavment unless the treasurer shall deem it
appropriate to apply such payment to a local'accotint which is
less delinauent in time.
This Ordinance shall be effective on and after the date
of its adoption.
Adopted by the Council of the City of Virqinia Beach,
Virginia, on t@e 1.1 day of September 1982.
MES/sm
8/20/82
(C)
APPROVED AS TO CO,'ITENT
SIGNATURE
DEPARTMENT
n@
TI FORN@
RD ASq
CITY ATFO'tlF.Y
- 5 2 -
ITEM II-G.16 ITEM #18699
Upon motion by Councilman McCoy, seconded by Councilman
Baum, City Council voted to uphold the recommendation of
the City Manager and ADOPT the Ordinance to amend and
reordain Section 38-6 of the Code of the City of Virginia
Beach pertaining to permit prerequisite to purchase of
cert ain weapons .
Voting: 11-0*
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober,
Vice Mayor Barbara M. Henley, H. Jack iennings,
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
*VERBAL ROLL CALL OF COUNCIL FOR CONSENT AGENDA
5 3-
Requested by: Police Department
AN ORDINANCE TO AMEND AND REORDAIN
SECTION 38-6 OF THE CODE OF THE
CITY OF VIRGINIA BEACH, VIRGINIA
PERTAINING TO PERMIT PREREQUISITE TO
PURCHASE OF CERTAIN WEAPONS
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That Section 38-6 of the Code of the City of Viroinia
Beach is hereby amended and reordained as follows:
Section 38-6. Permit prerequisite to purchase of certain
weapons.
(a) No person shall sell, lease, rent, give or
otherwise furnish to any person within the city any pistol, dirk,
bowie knife, slunqshot or any weapon of like kind, unless a
permit granted by the chief of police, or such other officer of
the police department as may be designated, in writing, by the
chief of police, is presented authorizing the holder of such
permit to acquire such weapon. SLich permit shall be surrendered
to the person furnishing such weapon, who shall preserve it for
inspection, upon request, by the poli6e of the city.
(b) Every applicant for a permit required by this
section shall pay to the city treasurer an application fee of
five dollars ($5.00). This fee shall not
be charq6d to sworn police officers of the Citv of Virainia
Beach.
(c) A violation of this section shall constitute a
Class I misdemeanor.
This Ordinance shall be effective on and after the date
of its adoption.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the 13 day of September 1982.
JDB/da
8/2 0/82
(C.1)
- 5 4-
ITEM II-G.17 ITEM #18700
Upon motion by Councilman McCoy, seconded by Councilman
Baum, City Couricil voted to uphold the recommendation of
the City Manager and ADOPT the Ordinance to amend and
reordain Sections 8-119, 8-120, 8-156, 8-157, 8-196 and
8-197.2 of the Code of the City of Virginia Beach pertaining
to term of certification and loss of certification of
mechanical workers, plumbers and electricians.
Voting: 11-0*
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober,
Vice Mayor Barbara @l. 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:
Noiie
Council Members Absent:
No ne
*VERBAL ROLL CALL OF COUNCIL FOR CONSENT AGENDA
5 5 -
Requested by: Permits and Inspections Department
AN ORDINANCE TO AMEND AND REORDAIN
SECTIONS 8-119, 8-120, 8-156,
8-157, 8-196, AND 8-197.2 OF THE
CODE OF THE CITY OF VIRGINIA BEACH
PERTAINING tO TERM OF CERTIFICATION
AND LOSS-OF CERTIFICATION OF
MECHANICAL WORKERS, PLUMBERS, AND
ELECTRICIANS
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
That Sections 8-119, 8-120, 8-156, 8-157, 8-196, and
8-197.2 of the Code of the City of Virginia Beach is hereby
amended and reordained to,read as follows:
Section 8-119. Duty to report loss and apply for duplicate.
It shall also be the duty of each certified mechanical
worker to promptly report the loss of his certificate and to
apply for a duplicate. A fee of twenty dollars ($20.00) per
certificate will be assessed against each certificate holder who
wishes to obtain a duplicate of his certificate or to replace a
legally issued certificate that has been lost, stolen, or
destroyed.
Section 8-120. Expirat@n-and-renewalv Term of certification.
5 6-
sect@nT Unless otherwise provided by law, each certificate
issued i.n Virginia Beach, pursuant to this article, shall be
valid for an indefinite period of time.
Section 8-156. Duty to report loss and apply for duplicate.
It shall be the duty of each certified plumber to
promptly report the loss of his certificate and to apply for a
duplicate. A fee of twenty dollars ($20.00) per certificate will
be assessed aqainst each certificate holder who wishes to obtain_
a duplicate of his certificate or to replace a legally issued
certificate that has been lost, stolen, or destroyed.
Section 8-157. Empi-ration-and-renewalT Term of certification.
sectionT Unless otherwise pr6vided by law, each certificate
issued in Virginia Beach, pursuant to this article, shall be
valid for an indefinite period of time.
-2-
57 -
Section 8-196. TermT-renewalT Term of certification.
be-reneWed7-"PeM
seet@n7 Unless otherwise provided by law, each certificate
issued in virginia Beach, pursuant to this article, shall be
valid for an indefinite period of time.
Sectiori 8-197.2. Duty to report loss and apply for duplicate.
It shall be the duty of each certified electrician to
Promptly report the loss of the certificate and to apply for a
duplicate. A fee of twenty dollars ($20.00) per certificate will
be assessed against each certificate holder who wishes to obtain-
a duplicate of his certificate or to replace a leqally issued-
certificate that has been lost, stolen, or destroyed.
Adopted by t.he Council of the City of Virgihia Beach on
the -13 day of September , 1982.
RJN/da
8/20/82
(A)
-3-
- 5 8-
ITEM II-G.18 ITEM #18701
Upon motion by Councilman McCoy, seconded by Councilman
Baum, City Council voted to uphold the recommendation of
the City Attorney and CONFIRM the appointment of Kevin
Cosgrove as Assistant City Attorney.
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
*VERBAL ROLL CALL OF COUNCIL FOR CONSENT AGENDA
- 5 9-
ITEM II-G.19 ITEM #18702
Upon motion by Councilman McCoy, seconded by Councilman
Baum, City Council voted to uphold the recommendation of
the City Manager and ADOPT the Ordinance to amend and
reordain Section 21-378(d) and (e) of the Code of the
City of Virginia Beach pertaining to removal, storage and
sale of certain unattended vehicles - generally.
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
*VERBAL ROLL CALL OF COUNCIL FOR CONSENT AGENDA
6 0-
Requested by: Police Department
AN ORDINANCE TO AMEND AND REORDAIN
SECTION 21-378 (d) AND (e) OF THE
CODE OF THE CITY OF VIRGINIA BEACH
PERTAINING TO REMOVAL, STORAOE AUD
SALE OF CERTAIN UNATTENDED VEHICLES
- GENERALLY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
That Section 21-378 (d) and (e) of the Code of the City
of Virginia Beach is hereby amended and reordained to read as
follows:
Section 21-378. Removal, storaqe and sale of certain
unattended vehicles - Generally.
(d) Each removal under this section shall be reported
immediately to the chief of police, who shall qive notice to the
owner of the motor vehicle, trailer or semitrailer as promptly as
possible. The owner of such vehicle, trailer or semitrailer,
before obtaining possession thereof, shall pay to the city all
reasonable costs incidental to the removal, and storage and
locatinq the owner of the vehicle, trailer or semitrailer.
Should such owner fail or refuse to pay the costs o@ should the
identity or whereabouts of such owner be unknown and
unascertainable, after a diligent search has been made and after
notice t@'him at his last known address and to the holder of any
lien of record in the office of the division of Motor Vehicles in
Virginia against the motor vehicle, trailer or semitrailer, the
chief of police may after holding the motor vehicle, trailer or
semitrailer ninety-+99+ (40) davs and after due notice of
sale, disp6se of the same at public sale and the proceeds from
the sale*shall be forwarded by the chief of police to the city
treasurer; provided that, if the valtie of such motor vehicle,
trailer or semitrailer is determined by three (3) disinterested
dealers or garagemen to be less than one
hundred and fifty dollars ($150.00), which would be incurred by
such advertising and public sale, the vehicl.e may be disposed
61 -
of by private sale or junked. The treasurer shall pay from the
proceeds of sale the cost of removal, storage, investigation as
to ownership and liens and notice of sale, and the balance of
such funds shall be held by him for the owner and paid to the
owner upon satisfactory proof of ownership.
(e) If no claim has beeb made by the owner for the
proceeds of a sale under this section, afteL--t!he-payment--ef.
the
remaining funds,may be deposited to the general fund or any
special fund of the city. Any such owner shall be entitled to
apply to the city within three (3) years from the date of such
sale, and if timely application is made tllerefor, the city shall
pay the same to the ownet, without interest or other charges.
No claim shall be made nor shall any suit, action or proceeding
be instituted for the recovery of such funds after three (3)
years from the date of such sale.
This Ordinance shall be effective on and after the date
of its adoption.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the 13 day of September 1982.
MES/re
7/30/82
8/10/82
8/19/82
(13)
APPRdVED AS TO
SIGNATUkE
DEPARTi\@ENT
-2-
- 6 2 -
ITEM II-G.20 ITEM #18703
Upon motion by Councilman McCoy, seconded by Councilman
Baum, City Council voted to uphold the recommendation of
the City Manager and REMOVE INDEFINITELY the Ordinance
to transfer funds of $250 from the General Fund Reserve
for Contingencies to the Police Department for reiltibursement
of legal expenses incurred by a police officer in the
performance of his duties.
Voting: 11-0*
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober,
Vice Mayor Barbara M. Henley, H. Jack iennings,
Jr., Mayor Louis R. Jones, Robert G. iones, 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
*VERBAL ROLL CALL OF COUNCIL FOR CONSENT AGENDA
6 3-
Requested by: Department of Finance
AN ORDINANCE TO.TRANSFER FUND@
OF $250.00 FROM THE GENERAL FUND
RESERVE FOR CONTINGENCIES TO THE
POLICE DEPARTMENT FOR REIMBURSE-
'4ENT OF LEGAL EXPENSES INCURRED
BY A POLICE OFFICER IN THE PER-
FORMANCE OF HIS DUTITS
WHEREAS, a Virginia Beach police officer was charged
with simple assault in the course of his duties and was found
not guilty by the General District Court; ind
WHEREAS legal fees of $250.00 were incurred by
the officer in presenting his defense; and
WHEREAS, Section 15.1-131.6 of the Code of Virginia
enables the governing body of Virginia localities to reimburse
an officer for reasonable fees if the officer is found not
guilty; and
WHEREAS, City Council considers this request reasonable
and proper.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF
THE CITY OF VIRGINIA BEACH, VIRGINIA:
.THAT funds of $250.00 be transferred from the General
Fund Reserve for Contingencies to the Police Department for
legal fees involving the above incidents.
This ordinance shall be effective from the date
of its adoptoic5n.
ADOPTED:
REMOVED INDEFINITELY: September 13, 1982
- 64-
ITEM II-G.21 ITEM #18704
Upon motion by Councilman McCoy, seconded by Councilman
Baum, City Council voted to uphold the recommendation of
the City Manager and ADOPT the Ordinance to authorize a
temporary encroachment into a portion of the right-of-way
of Grant Avenue to Mrs. Eva D . Michael s , her he i rs , ass i gns
and successors in title;
AND, the Ordinance to authorize a temporary encroachment
into a portion of the right-of-way of Grant Avenue to Mr.
Robert Vose, 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. Jories, Robert G. Jones, W. H.
Kitchin, III, Reba S. McC]anan, J. Henry McCoy,
Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
*VERBAL ROLL CALL OF COUNCIL FOR CONSENT AGENDA
6 5 -
Requested By Department of Public Works
AN ORDINANCE TO AUTHORIZE A TEMPORARY
ENCROACHMENT INTO A PORTION OF THE
RIGHT'-OF-WAY OF GRANT AVENUE TO MRS. EVE
D. MICHAELS, HER HEIRS, ASSIGNS, AND
SUCCESSORS IN TITLE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
.That pursuant to the authority and to the extent
thereof contained in Section 15.1-893, Code of Virginia, 1950, as
amended, MRS. EVE D. MICHAELS, her heirs, assigns and successors
in title is authorized to construct and maintain a temporary
encroachment into the right-of-way of Grant Avenue.
That the temporary encroachment herein authorized is
for the purpose of erecting and maintaininq a fence and that said
encroachment shall be erected and maintained in accordance with
the City of Virginia Beach Public Works Department's
sp-,cifications as to size, alignment and location, and further
that such tempor@ry encroachment is more particularly described
as follows:
An area of encroachment into a portion of the
City's right-of-way known as Grant Avenue, as
shown on that certain plat entitled: "LOT
61, RESUBDIVISON OF LOT 61, AS SHOWN ON
'RESUBDIVISION PLAT OF LOTS 42 THROUGH 46 & A
PORTION OF LOTS 40 & 41, BLOCK 21, AND LOTS
1.0 THRU 15, AND A PORTION OF LOTS 8 & 9,
BLOCK 22 PECAN GARDENS,, AND LOT 47, BLOCK
21, PECAN GARDENS FOR: BOYD R. SMITH AND
REBECCA M. SMITH," a copy of which is on file
in the Virginia Beach Department of Public
Works and to which reference is made for a
more particular descriptin.
PROVIDED, HOWEVER, that the temporary encroachment
herein authorized shall terminate upon notice by the City of
Virginia Beach to MRS. EVE D. MICHAELS, her heirs, assigns and
successors in title and that within thirty 30 days after such
notice is given, said encroa@hment shall be removed from the City
right-of-way of Grant Avenue and that MRS. EVE D. MICHAELS, her
6 6-
heirs, assigns and successors in title shall bear all costs and
expenses of such removal.
AND, PROVIDED FURTHER, that it is expressly understood
and agreed that MRS. EVE D. MICHAELS, her heirs, assigns and
successors in title shall indemnify zind hold harmless the City of
Virginia Beach, its agents and employees from and against all
claims, damages, losses, and expenses includinq 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 MRS. EVE D. MICHAELS executes an
agreement with the City of Virginia Beach encompassing the
afore-mentioned provisions.
Ad6pted by the Council of the City of Virginia Beach,
Virginia, on the 13 day of September 1982.
MES/sm
(29D)
.//i9/82
APPPC)@IED AS TC) COIITEI:T
S;G'4AIU6
1)@PART,@@@NT
-2-
6 7 -
Requested By Department of Public Works
AN ORDINANCE TO AUTHORIZE A TEMPORARY
ENCROACHMENT INTO A PORTION OF THE
RIGHT-OF-WAY OF GRANT AVENUE TO MR.
ROBERT VOSE, HIS HEIRS, ASSIGNS, AND
SUCCESSORS IN TITLE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That pursuant.to the authority and to the extent
thereof contained in Section 15.1-893, Code of Virginia, 1950, as
amended, MR. ROBERT VOSET his heirs, assigns, and successors in
title is authorized to construct and maintain a temporary
encroachment into the right-of-way of G@ant Avenue.
That the temporary encroachment herein authorized is
for the purpose of erecting and maintaining a fence 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 669 Grant
Avenue, as shown on that certain plat
entitled: 'LOT 61, RESUBDIVISON OF LOT 61,
AS SHOWN ON 'RESUBDIVISION PLAT OF LOTS 42
THROU GH 46 & A PORTION OF LOTS 40 & 41, BLOCK
21, AND LOTS 10 THRU 15, AND A PORTION OF
LOTS 8 & 9, BLOCK 22 PECAN GARDENS,, AND LOT
47, BLOCK 21, PECAN GARDENS FOR: BOYD R.
SMITH AND BARBARA M. SMITH," a copy of which
is on file in the Virginia Beach Department
of Public Works and to which reference is
made for a more particular description.
PROVIDED, HOWEVER, that the temporary encroachment
herein authorized shall terminate upon notice by the City of
Virginia Beach to r4R. ROBERT VOSE, 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 Grant Avenue and that MR. ROBERT VOSE, his
68-
heirs, assigns, and successors in title shall bear all costs and
expenses of such removal.
AND, PROVIDED FURTHER, that it is expressly understood
and agreed that MR. ROBERT VOSE, 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. ROBERT VOSE executes an
agreement with the City of Virginia Beach encompassing the
afore-mentir,ned provisions.
Adopted by the Council of the City of Virginia Beach,
V@rginia, on the day of 1982.
MES/sm
(29D)
5/19/82
APPPOVED AS TO COIiTEt4T
SiG A@TURE
DEPARTMENT
-2-
7 0-
ORDINANCE APPOliTTING VIEWERS
WHEREAS, J. Parks Atkiris on has given due and proper notice, in accordance
with the statutps for such cases made and p'rovided that he wiR on the 10th day of
August, 1982, apply to the Ciiy Council of the City of Virginia Beach, Virginia, for the
appointment of Viewers to view the below-described property and report in writing to the
Council whether, in the opinion of said Viewers, any, wid if any, what inconvenience
would result from the discontinuance of the hereinafter described portion of that'certain
street, and has filed such application with said Council.
NOW, THEREFORE, be it ordained by the Council of the City of Virginia
Beach, Virginia:
THAT. C. Oral Lainbert
David M. Grochiflal and
Robert U'. Scott are hereby appointed to
v.iew the below-described property and report in writin.c to the Council on or before
August 10, 1982, wliether in their opinion, any, and if any, what inconvenience would
res@"'in the disconti-nuing and vacating of a portion of that certain street located in the
City of Virginia Beacli, Virginia, and more particularly described as fouows:
The westemmost end of !'B" Street measuring 130.69 feet.
The said property fronts on the northern edge of Lots One
(1) through Four (4), in Block 2, Plat of Woodland, in Map
Book 7, at page 98, LYNNHAVEN BOROUGH, City of
Virginia Beach, Virginia.
All the above as shown upon that survey of property of Frank V. Atkinson and
J. Parks Atidnson prepared by Gallup Surveyors and Engineers, Ltd., which survey is
attached hereto;
- 7 1 -
ITEM II-G.23 ITEM #18706
Upon motion by Councilman McCoy, seconded by Councilman
Baum, City Council voted to uphold the recommendatiori of
the City Manager and ADOPT the Ordinance appointing Viewers
in the petition of David F. and Tina L. Ellis for the closure
of a portion of a 30-foot right-of-way near Hatteras and
Citation Drives, in the Kempsville Borough.
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
*VERBAL ROLL CALL OF COUNCIL FOR CONSENT AGENDA
7 2-
ORDINANCE APPOINTING VIEWERS
WIIEREAS, David F. and Tina L. @ have given due and proper
notice in accordance with the statutes for such cases made and provided,
that it will on the 10th day of August, 1982, at 2:00 o'clock p.m.,
apply to the City Council of the City of Virginia Beach, Virginia, for
the appointment of Viewers to view the below described property and
rel>ort in writing to the Council whether, in the opinion of said
Viewers, any, and if any, what, inconvenience would result from the
discontinuing and closing of the hereinafter described undeveloped
street and has fued application with said Council;
NOW, THEREFORE, be it ORDAINED BY THE CrrY COUNCIL OF
THE CrrY OF VIRGINIA BEACH, VIP.GINIA tbat C. Oral Laiiibert
Robert J. Scott , and David M. Grochmal are
hereby appointed to view the below described property and re[>ort in
writing to the Council on or before 1982, whether in
their opinion any, and if any, what inconvenience would result from the
discontinuing, closing and vacating of a certain unimproved street, 30
feet wide, running North between Hatteras Road and Citation Drive,
located in the Kempsville Borough of the City of Virginia Beach,
Virginia, and more particularly described as fonows:
A portion of that certain undeveloped street situate
in Virginia Beach, Virginia, known as 11301
Right-of-Way", commencing at the northeast corner of
Parcel B as shown on that certain plat entitled
"Carolanne Farm - Section I (M.B. 47, p. 21-A) where
said point abutts the southern line of Citation Drive
'and from said point of beginning running along the
western t>oundary of Parcel J3 S 22,2311011 W a distance
of 226.961 to a pin; thence turning and running in a
westerly direction parallel with the aforementioned
Ciiation Drive N 60, 001 E a distance of 301 to a
point on the eastern property line of Lot 21, Block
C, "Plat of Huntington - Section 1 (M.B. 56, p. 19);
thence running along the eastern property line of the
aforementioned Lot 21 in a northerly direction to a
pin on the southwestern boundary of Lot 1, Block C,
Huntington - Section 1; thence continuing in a
northerly direction along the western line of Lot 1,
MT. LYIM SIEGEL N 22, 23"101 E a distance of 142.161 to a point on the
iCHER&CHOSHAW eastern line of Citation Drive; thence turning and
rORNEYS AT LAW running in a southwesterly direction a distance of
'([A BEACH. VA. @52 451 to a pin, which pin is the point of beginning.
6.11.10.C
- 7 3-
ITEM II-G.24 ITEM #18707
Upon motion by Councilman McCoy, seconded by Councilman
Baum, City Council voted to uphold the recommendation of
the City Manager and ADOPT the Ordinance appointing Viewers
in the petition of Marlin Van and Rita Jane Statzer for the
closure of a portion of Poinciana Drive, in the Lynnhaven
Borough.
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
*VERBAL ROLL CALL OF COUNCIL FOR CONSENT AGENDA
7 4-
CIU) APPOnr@IIZ V=,IERS
I MEI;LIN VAN S=ZER and RIM JANE STPATZER has gi-,,en
due and proper'notice, in acco@ce w3.th the stati-,tes for such cases made
and providecl that-they will on the 23rd day of Au@t, 1982, apply to the
City Council of the City of Virginia Beach, Virginia, for the appoir.,tnient
of Vi@s to view the bel@escribed property and report in writing to
the Council whether, in the opinion of said Viewers, any, and if any,
what inconvenience %muld result fran the discontinuance of the hereinafter
described portion of that certain street and has filed such application
with said Council.
NOII, TM=RE, be it OPDA= by the Council of the City of
Virginia Beach, Virginia:
TMT C. Oral Lambert
David M. Grochmal and
Robert J. Scott e hereby appoint-
ar
ed to view the below descr@ pro@ and repor-t in writing to the Coun-
cil on or before Sept 20, 1982, whether in their opinion, any, and if
any, what inconvenience imuld result in the discontinuing and vacating of
a portion of that certain Street located in the City of Virginia Beach,
Virginia, and rmre particularly described as follows:
Poinciana Drix?e beginning at a point on
the West side of Adraral Drive lqest and
thence South 130.53' 00" Fast, a distance
of 70.00 feet to a point and thence along
a curve to the left having a radius of ten
feet, an arc distance pf 15..84 feet to a
point; thence South 76- 53' 30" liest, a
distance-of 105.15 feet to a point; thence
North 130 53' 00" West, a distance of 50
feet, to a point, thence 104.87 feet to a
point; thence along a curve to the right
having a radius of 10.00 feet, an arc dis-
tance of 15.84 feet to the point of begin-
ing. (portion to be vacated is designated
as 5793 square feet cf Poirciana Dri@,e,
fonrerly Holly @@d).
All the above as shown upon that certai.1-i plat entitled Plat Of
A Portion Of Poinciana Drive Th Be Closed" as shcwn on "Armnded Subdivision
Of Cape Henry Shores, Section Lynnhavan Borough Virginia Beach,
Virginia, v)hich plat is attached hereto and rmde a part her-@f and intended
7 5 -
to be recorded with the Ordinance closing the aforedescribed street.
- 7 6 -
ITEM II-G.25 ITEM #18708
The following bids have been received for the proposed
Repairs to Guardrail Systems - Group I:
Makco, Inc. $72,389.40
Anchor Fence of Tidewater $ 7 9 l 9 7 . 2 5
Aluminum Specialities Company
Inc. $92,289.00
ENGINEER'S ESTIMATE $71,620.00
Upon motion by Councilman McCoy, seconded by Councilman
Baum, City Council voted to uphold the recommendation of
the City Manager and APPROVE the low bid of Makco, Inc.,
in the amount of $72,389.40, for the Proposed Repairs to
Guardrail Systems - Group I ' AND, authorized the City
Manager to enter into the necessary agreements for the
implementation of this project.
Funds for this project have been appropriated in the
1980-81 Charter Bonds in the amount of $200,000.
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
*VERBAL ROLL CALL OF COUNCIL FOR CONSENT AGENDA
- 7 7 -
ITEM II-G.26 ITEM #18709
The following bids have been received for the Princess Anne
Park - Parking Lot Addition Project (4-803):
Rea Construction Company $125,772.74
Asphalt Roads and Materials
Company, Inc. $131,513.79
APAC Virginia, Inc. $135,282.02
Contractors Paving Company, Inc. $136,859.37
Womack Contractors $143,070.68
Winkelman, Inc. $149,922.96
Suburban Grading & Utilities, Inc. $156,959.33
ENGINEER'S ESTIMATE $155,770.58
Upon niotion by Councilman McCoy, seconded by Councilman
Baum, City Council voted to uphold the recommendation of
the City Manager and APPROVE the low bid of Rea Construction
Company, in the amount of $125,772.74 for the Princess Anne
Park - Parking Lot Addition Project; AND, authorized the
City Manager to enter into the necessary agreements for the
impleinentation 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. iones, W. H.
Kitchin, III, Reba S. McClanan, i. Henry McCoy,
Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
*VERBAL ROLL CALL OF COUNCIL FOR CONSENT AGENDA
- 7 8-
ITEM 11-G.1 ITEM #18710
MAYOR JONES LEFT COUNCIL CHAMBERS. VICE MAYOR HENLEY
PRESIDED IN HIS ABSENCE.
Councilwoman Oberndorf made a motion, seconded by Councilwoman
McClanan, NOT TO ADOPT the Resolutions appointing Thomas H.
Muehlenbeck, Giles G. Dodd and J. Dale Bimson to serve as
directors of County and Kempsville Utilities Corporation
or Aubrey V. Watts, Jr., to serve as a director of
Kempsville Utilities Corporation.
Councilman Baum offered a SUBSTITUTE MOTION, seconded by
Councilman Kitchin, to ADOPT the Resolution appointing
Thomas H. Muehlenbeck, Giles G. Dodd and J. Dale Bimson
to serve as directors of County and Kempsville Utilities
Corporation;
AND, the Resolution appointing Thomas H. Muehlenbeck, Giles
G. Dodd, J. Dale Bimson and Aubrey V. Watts, Jr., to serve
as directors of Kempsville Utilities Corporation.
The recorded vote on the SUBSTITUTE MOTION is as follows:
Voti ng: 7 - 3
Council Members Voting Aye: (Substitute Motion)
John A. Baum, Nancy A. Creech, Harold Heischober,
H. Jack Jennings, Jr., Robert G. Jones, W. H.
Kitchin, III, J. Henry McCoy, jr., D.D.S.
Council Members Voting Nay:
Vice Mayor Barbara M. Henley, Reba S. McClanan,
and Meyera E. Oberndorf
Council Members Absent:
Mayor Louis R. Jones
The Substitute Motion carried.
7 9 -
The reqular meeting of the Council of the City of
Virginia Beach, Virginia, was held in the Council Chambers, of
the Administration Building, of the City of Virginia Beach on
the 13 day of September 1982.
On motion by Councilman Baum and seconded
by Councilman Kitchin t Resolution was
adcypted.
R E S 0 L U T I 0 N
WHEREAS, the City of Virginia Beach has acquired all of the
outstanding stock of County Utilities Corporation, a Virginia stock
corporation operating a utility system within the City*of Virginia
Beach, Virginia.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
That Thomas H. Muehlenbeck, Giles G. Dodd, and J. Dale Bimson
are hereby elected to serve as directors of County Utilities
Corporation, to serve until their successors have been elected; and
BE IT FURTHER RESOLVED, that the City of Virginia Beach,
being the sole stockholder of County Utilities Corporation, hereby
cc,ris-,nts to the dissolution of County Utilities Corporation, pursuant
to the following Plan of Complete Liquidation and Dissolution, and
authorizes and d;lrects the City Manager to execute on behalf of the
City a written consent to such dissolution and such other documents as
may be necessary to effect the dissolution:
PLAN OF COMPLETE LIQUIDATION AND DISSOLUTION
OF COUNTY UTILITIES CORPORATION
(a) Upon formal approval of the Plan by the City of Virginia
Beach, Virginia, the sole stockholder of County Utilities Corporation,
the proper officers of County Utilities Corporation shall execute and
file with the State Corporation Commission of Virginia a statement of
intent to dissolve in the form required by law, and such officers
shall then cause notices thereof to be mailed to the extent required
by law.
80-
(b) Thereafter, County Utilities Corporation shall collect
its assets, pay, satisfy, and discharge its liabilities and
obligations, and do all other acts required to liquidate its business
and affairs, and after paying or adequately providing for the payment
of all of its obligations, distribute the remainder of its assets, in
cash or in kind, to the City of Virginia Beach, provided that the
assumption by the City of Virginia Beach of all or any portion of the
obligations of County Utilities Corporation in connection with assets
so distributed to the City of Virginia Beach shall be deemed adequate
provision for @he obligations so assumed.
(C) As soon as practicable after such final distribution,
the proper officers of County utilities Corporation shall execute and
file with the State Corporation Commission of Virginia articles of
dissolution in the form required by law, and the officers, directors,
and the City of Virginia Beach, as sole stockholder of County
Utilities Corporation will take such further action as may be
necessary under the laws of Virginia to complete the dissolution of
County Utilities Corporation.
Adopted by the Council of the City of Virqinia Beach,
Virginia, on September 13, 1982.
RHM/CJ/da
9/8/82
-2-
81-
The regular meeting of the Council of the City of
Virginia Beach, Virginia, was held in the Council Chambers, of
the Administration Building, of the City of Virginia Beach on
the.13 day of September -, 1982.
On motion by Couiicilnian Baum and seconded
by. Councilman Kitchi,n the fo lowing Resolution was
adopted.
R E S 0 L U T I 0 N
WHEREAS, the City of Virginia Beach has acquired all of the
outstanding stock of Kempsville Utilities Corporation, a Virginia
stock corporation operating a utility system within the City of
Virginia Beach, Virginia.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
That Thomas H. Muehlenbeck, Giles G. Dodd, J. Dale Bimson,
and Aubrey V. Watts a.re hereby elected to serve as directors of
Kempsville Utilities Corporation, to serve until their successors have
.been elected; and
BE IT FURTHER RESOLVED, that the City of Virginia Beach,
being the sole stockholder of Kempsville Utilities Corporation, hereby
consents to the dissolution of Kempsville Utilities Corporation,
pursuant to the following Plan of Complete Liquidation and
Dissolution, and authorizes and directs the City Manager to execute on
behalf of the City a written consent to such dissolution and such
oth6r documents as may be necessary to effect the dissolution:
PLAN OF COMPLETE LIQUIDATION AND DISSOLUTION
OF KEMPSVILLE UTILITIES CORPORATION
(a) Upon formal approval of the Plan by the City of Virginia
Beach, virginia, the sole stockholder of Kempsville Utilities
Corporation, the proper officers of Kempsville Utilities Corporation
shall execute and J5ile with the State Corporation Commission of
Virginia a statement of intent to dissolve in the form required by
law, and such officers shall then.cause notices thereof to be mailed
to the extent required by law.
82 -
(b) Thereafter, Kempsville Utilities Corporation shall
collect its assets, pay, satisfy, and, discharge its liabilities and
obligations, and do all other acts required to liquidate its business
and. affairs, and after paying or adequately providing for the payment
of all of its obligations, dist.ribute the remainder of its assets, in
cash or in kind, to the City of Virginia Beach, provided that the
assumption by the City of Virginia Beach of all or any portion of the
obligations of Kempsville Utilities Corporation in connection with
assets so distributed to the City of Virginia Beach shall be deemed
adequate provis.ion for the obligations so assumed.
(C) AS soon as practicable after such final distribution,
the proper officers of.Kempsville Utilities Corpora-lion shall execute
and file with the Sta te Corporation Commission of Virginia articles of
digsolution in the form required by law, and the officers, directors,
and the City of Virginia Beach, as sole stockholder of Kempsville
Utili@ies Corporation will take such further action as may be
.necessary under the laws of Virginia to complete the dissolution of
Kempsville Utilities Corporation.
Adopted by the Council of the City of Virginia Beach,
Virginia, on Septeinber 13, 1982.
RHM/CJ/da
9/8/82
-2-
- 8 3-
ITEM II-G.3 ITEM #18711
Upon motion by Councilman McCoy, seconded by Councilman
Jones, City Council voted to ADOPT the Resolution
designating Mayor Louis R. Jones as voting delegate and
Councilman Harold Heischober as alternate voting delegate
to the National League of Cities Annual Congress of Cities
on November 27 through DeceiTiber 1, 1982, in Los Angeles,
California; AND, other members of Council who desire to
attend be given approval to attend the Annual Congress.
It was noted that this trip will not include spouses fees
or first class airplane tickets.
Voting: 8-2
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober,
H. Jack Jennings, Jr., Mayor Louis R. iones,*
Robert G. Jones, W. H. Kitchin, III, and J. Henry
McCoy, Jr., D.D.S.
Couricil Members Voting Nay:
Vice Mayor Barbara M. Henley, and Reba S. McC]anan
Council Members Abstaining:
Meyera E. Oberndorf
Council Members Absent:
No ne
*MAYOR JONES ENTERED MEETING TO VOTE ON THIS MATTER
84-
At a meeting of the Council of
the CitY30f Virginia Beach, held
on the day of September, 1982,
the following resolution was adopted.
R E S 0 L U T I 0 N
WHEREAS, the National League of Cities will hold
its Annual Congress of Cities Nov,ember 27 through December 1,
1982, in Los Angeles, California; and
WHEREAS, under the Bylaws of the National League of
Cities, each direct member city is entitled to cast from one to
twenty votes,,depending upon the city's population, througli its
designated voting delegate at the annual business session; and
WHEREAS, the City of Virginia Beach will be entitled
to cast six votes; and
WHEREAS, the names of one voting delegate and one
alternate voting delegate representing the City of Virginia Beach
must be submitted to the National League of Cities' Credentials
Committee prior to t@e annual business session;
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE
CITY OF VIRGINIA BEACH, VIRGINIA:
That - Mayor Louis R. Jones and
Councilmah Har6ld fieischober are hereby
appointed as voting delegate and alternate voting delegate,
respectively, for the annual business session of the 1982
National League of Cities Annual Congress of Cities.
.?',DDPTED: September 13, 1982
- 85 -
C I T Y M A N A G E R ' S R E C 0 M M E N D A T I 0 N
-ITEM II-H.1 ITEM #18712
Robert Hale, General Manager, Cox Cable Virginia Beach,
spoke on this matter.
Mr. Achesinski spoke in opposition to this matter.
Upon motion by Councilwoman Oberndorf, seconded by Councilman
Jones, City Council instructed the City Manager to prepare the
appropriate documents upon which Council will act on September
27, 1982, and consider the increase to Cox Cable Virginia Beach
for their basic rate of $1.45 and the installation fee of $5.00,
effective subject to verification of performance on January 1,
1983.
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, 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
*Councilwoman Oberndorf stated that in January, Cox Cable's
service, maintenance and telephone response must meet the
criteria prescribed by the City Manager prior to the granting
of the effective increase of basic rate and installation.
- 8 6-
P L A N N I N G A G E N D A
ITEM II-I.9 ITEM #18713
THIS MATTER WAS BROUGHT FORWARD BY THE APPROVAL OF THE
MAYOR.
COUNCILMAN JONES LEFT COUNCIL CHAMBERS
Miss Anita Polon spoke in behalf of her application
Upon motion by Councilman Heischober, seconded by Councilwoman
Creech, City Council voted to uphold the recommendation of the
Planning Commission and APPROVE the application of ANITA POLON
for a Conditional Use Permit as per the following:
ORDINANCE UPON APPLICATION OF ANITA POLON R0982482
FOR A CONDITIONAL USE PERMIT FOR A HOME
OCCUPATION (BABYSITTING)
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
Ordinance upon application of Anita Polon for a
Conditional Use Permit for a home occupation
(babysitting) on site 7, Lot 6, Pembroke Shores
Townhouses, Section One. Property is located at
4500 St. John Court and contains 4639 square feet.
BAYSIDE BOROUGH.
Approval is subject to the following provisions
in conjunction with the intended use of the land:
1. Approval is for a period of two (2) years.
2. Approval is for a maximl" of nine (9)
children.
This Ordinance shall be effective from date of
adoption.
Adopted by the Council of the City of Virginia
Beach, Virginia, on the Thirteenth day of
mber, 1982.
- 87 -
Voting: 10-0
Council Members Voting Aye:
John A. Baun, 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
Counci I Members Voting Nay:
None
Council Members Absent:
Robert G. Jones
- 88-
ITEM II-I.1 ITEM #18714
COUNCILMAN ROBERT G. JONES RETURNED TO COUNCIL CHAMBERS
F. Reid Ervin, Reid Associates, represented the applicant
Nancy Parke r , Old Beach Ci vic League , spoke in op pos i tion
CounciliTian Kitchin made a motion, seconded by Councilwoman
McClanan, to DENY the application of C. L. FISHER for a
Change of Zoning District Classification from R-6 Residential
District to A-1 Apartment District.
Councilman Heischober offered a SUBSTITUTE MOTION, seconded
by Councilman Jennings, to APPROVE the application of C. L.
FISHER for a as per
the following:
ORDINANCE UPON APPLICATION OF C. L. FISHER Z0982669
FOR A CHANGE OF ZONING DISTRICT CLASSIFI-
CATION FROM R-7 RESIDENTIAL DISTRICT TO A-1
APARTMENT DISTRICT
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
Ordinance upon application of C. L. Fisher for a
Change of Zoning District Classification from
R-7 Residential District to A-1 Apartment District
on the Southeast corner of 27th Street and Baltic
Avenue, Lots 26, 28, 30, 32, Block 97, Virgiy)ia
Beach Development Company. Parcel located at 2611
Baltic Avenue and contains 16,800 square feet.
VIRGINIA BEACH BOROUGH.
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 slmer.
3. Standard right-of-way improvements will be
required along Baltic Avenue and 27th Street,
including pavement widening, curb and gutter,
sidewalk and storm drainage facilities.
4. Should the alley be used as access, improvements
to the alley will be required.
This Ordinance shall be effective from date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia,
on the Thirteenth day of mber, 1982.
- 89-
Voti ng 6- 5
Council Members Voting Aye: (Substitute MOtiGn)
John A. Baum, Nancy A. Creech, Harold Heischober,
H. Jack Jennings, Jr., Mayor Louis R. Jones, and
J. Henry McCoy, Jr., D.D.S.
Counci I Members Voting Nay:
Vice Mayor Barbara M. Henley, Roi)ert G. Jones,
W. H. Kitchin, III, Reba S. McClanan, and
Meyera E. Oberndorf
Council Members Absent:
None
- 90-
-ITEM 11-I.2 ITEM #18715
The City Clerk advised Council of a petitioll in their Agenda
requesting denial of this application.
Richard Browner, Land Planner, represented the applicant
The following spoke in opposition:
Rae LeSesne
Mike Milanovich
Upon motion by Councilman McCoy, seconded by Councilman
Jennings, City Council voted to DEFER FOR TWO WEEKS the
application of HUNT CONTRACTING COMPANY, INC., for a
Change of Zoning District Classification as per the
following:
Ordinance upon application of Hunt Coritracting
Company, Inc., for a Change of Zoning District
Classifiction to a PD-H 2 Overlay on certain
property located on the North side of Parliament
Drive beginning at a point 400 feet more or less
West of Yoder Lane, running a distance of 600
feet more or less along the North side of
Parliament Drive, running a distance of 72.47
feet in a Northerly direction, running a distance
of 63.43 feet in a Westerly direction, running a
distance of 513-21 feet along the Western property
line, running a distance of 693.15 feet along the
Northern property line and running a distatice of
838.69 feet along the Eastern property line. Said
parcel contains 11.2 acres. KEMPSVILLE BOROUGH.
Voting: 11-0
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, J. Henry McCoy,
Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
- 9 1 -
ITEM II-I.3 ITEM #18716
Kenneth D. Barefoot, President of Barefoot Realty, spoke in
f avor .
Upon motion by Councilman McCoy, seconded by Councilman Heischober,
City Council voted to uphold the recommendation of the Planning
Commission and APPROVE the application of CLIFTON N. AND BARBARA
A. HOLMQUIST and KENNETH D. AND KATHLEEN S. BAREFOOT for a Change
of Zoning District Classification as per the following:
ORDINANCE UPON APPLICATION OF CLIFTON N. AND Z098267,G,
BARBARA A. HOLMQULST AND KENNETH D. AND
KATHLEEN S. BAREFOOT FOR A CHANGE OF ZONING
DISTRICT CLASSIFICATION FROM R-6 RESIDENTIAL
DISTRICT TO 0-1 OFFICE DISTRICT (MODIFIED
FROM B-1 BUSINESS-RESIDENTIAL DISTRICT
BE 1T ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA:
Ordinance upon application of Clifton N. and Barbara A.
Holmquist and Kenneth D. and Kathleen S. Barefoot for a
Change of Zoning District Classification from R-6 Resi-
dential District to 0-1 Office District (modified from
B-1 Business-Residential District on property located
on the East side of Kempsville Road beginning at a point
1000 feet more or less South of Indian River Road, running
a distance of 195.17 feet along the West side of Kempsville
Road, running a distance of 359.53 feet along the Southern
property line, running a distance of 184.78 feet along the
Eastern property line and running a distance of 398.09 feet
along the Northern property line. Said parcel contains 1.59
acres. KEMPSVILLE BOROUGH.
Approval is subject to the following provisions in conjunction
with the intended use of the land:
1. Modified to 0-1 Office District.
2. Standard improvements as required by the Site Plan
Ordinance.
3. 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 Thirteenth day of September, 1982.
- 92-
Voti ng: 9- 2
Council Members Voting Aye:
John A. BaLn, Nancy A. Creech, Harold Heischober,
H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert
G. Jones, W. H. Kitchin, III, Reba S. McClanan, and
J. Henry McCoy, Jr., D.D.S.
Council Members Voting Nay:
Vice Mayor Barbara M. Henley, and Meyera E.
Oberndorf
Council Members Absent:
None
- 9 3-
ITEM II-I.4 ITEM #18717
Attorney Donald H. Rhodes represented the applicant
John Slidell, representative of Oxford Development,
Corporation, spoke in favor.
Attorney James M. Caplan, representing Thalia Gardens
Apartment, spoke in opposition.
Upon motion by Councilman McCoy, seconded by Councilwoman
Creech, City Council voted to uphold the recommendation of
the Planning Comi-nission and APPROVE'the applications of
OXFORD DEVELOPMENT CORPORATION for Changes of Zoning
District Classification as per the following:
ORDINANCE UPON APPLICATION OF OXFORD Z09826,71
DEVELOPMENT CORPORATION FOR A CHANGE
OF ZONING DISTRICT CLASSIFICATION FROM
A-1 APARTMENT DISTRICT TO A-2 APARTMENT
DISTRICT
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
Ordinance upon application of Oxford Development
Corporation for a Change of Zoning District
Classification fr6m- A-1 Apartment District to
A-2 Apartment District on Lots I through 12,
Block 7, Lots 6 through 29, Block 8, Lots 6
through 34, Block 9, Lots I through 34, Block
10 and Lots 13 through 17, Block 11, Plat of
Midway. Said parcels are located between
First Street and Second Street, West of Thalia
Trace Drive and contains 8.64 acres. KEMPSVILLE
BOROUGH.
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.
3. The developer is to provide an adequate drainage
outfall system with all necessary downstream
improvements and easements. If the Toll Road
drainage system is to be utilized as an ultimate
outfall, their approval will be required.
4. Access to the site along Bonney Road shall be
limited to one location. A no ingress/egress
easement shall be required along the remaining
portions of frontage on Bonney Road.
5. At the access point to the site, the developer
shall be responsible for 1/3 of the cost of a
three phase traffic signal.
- 94-
6. Radius dedications at the intersections of
all streets are required.
7. Resubdivision of the property and vacation
of the existing lot lines to avoid the
creation of nonconforming lots and to assure
that all lots have access to a public street.
This Ordinance shall be effective from date of adoption
Adopted by the Council of the City of Virginia Beach, Virginia,
on the Thirteenth day of September, 1982.
- 9 5 -
ORDINANCE UPON APPLICATION OF OXFORD Z0982672
DEVELOPMENT CORPORATION FOR A CHANGE
OF ZONING DISTRICT CLASSIFICATION
FROM B-2 COMMUNITY-BUSINESS DISTRICT
TO A-2 APARTMENT DISTRICT
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
Ordinance upon application of Oxford Development
Corporation for a Change of Zoning District
Classification from B-2 Community-Business District
to A-2 Apartment District on Lots 1 through 32, Block
2, Lots I through 32, Block 3, Lots 1 through 32,
Block 4, Lots 1 through 32, Block 5* and Lots 14
through 19, Block 6, Plat of Midway. Said parcels
are located between Bonney Road and First Street,
West of Thalia Trace Drive and contain 12.02 acres.
KEMPSVILLE BOROUGH.
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.
3. The developer is to provide an adequate drainage
outfall system with all necessary downstreali
improvements and easements. If the Toll Road
drainage system is to be utilized as an ultimate
outfall, their approval will be required.
4. Access to the site along Bonney Road shall be
limited to one location. A no ingress/egress
easement shall be required along the remaining
portions of frontage on Bonney Road.
5. At the access point to the site, the developer
shall be responsible for 1/3 of the cost of a
three phase traffic signal.
6. A right-turn lane on Bonney Road at the entrance
to this site will be required.
7. Radius dedications at the intersections of all
streets are required.
8. Resubdivision of the property and vacation of the
existing lot lines to avoid the creation of non-
conforming lots and to insure that all lots have
access to a public street.
This Ordinance shall be effective from date of adoption
Adopted by the Council of the City of Virginia Beach,
Virginia, on the Thir.teenth day of September, 1982.
*This was omitted from the Planning Commission advertisement,
however, it was correctly advertised before the Council hearing.
9 6-
Voti ng 8- 3
Council Members Voting Aye:
John A. BaLffn, Nancy A. Creech, Harold Heischober,
H. Jack Jennings, Mayor Louis R. iones, Robert G.
Jones, Reba S. McClanan, J. Henry McCoy, Jr., D.D.S.
Council Members Voting Nay:
Vice Mayor Barbara M. Henley, W. H. Kitchin, III,
and Meyera E. Oberndorf
Council Members Absent:
None
- 9 7 -
ITEM II-I.5 ITEM #18718
Attorney Robert B. Cromwell, Jr., represented the applicant
and presented petitions signed by property owriers in favor
of the application (copy of which will be made a part of
these proceedings)
Upon motion by Councilman McCoy, seconded by Councilwoman
Creech, City Council voted to uphold the recommendation of
the Planning Commission and APPROVE the application of JOHN
A. VAUGHAN, JR., for a Change of Zoning District Classifi-
cation as per the following:
ORDINANCE UPON APPLICATION OF JOHN A. VAUGHAN, Z0982673
JR., FOR A CHANGE OF ZONING DISTRICT CLASSIFI-
CATION FROM R-8 RESIDENTIAL DISTRICT TO 0-1
OFFICE DISTRICT
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
Ordinance upon application of John A. Vaughan, Jr., for
a Change of Zoning District Classification from R-8
Residential District to 0-1 Office District on Lots
1, 2, 3, 4, and a portion of Parcel A, Block 9, Thalia
Village. Property is located at 4356 Bonney Road and
contains 2.261 acres. KEMPSVILLE BOROUGH.
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.
3. No dredging, filling, bulkheading or other water-
front related activities will be allowed without
the proper permits from the appropriate Local,
State and Federal Agencies.
4. A privacy fence is required along the northern
property line.
This Ordinance shall be effective froil date of adoption.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the Thirteenth day of September, 1982.
- 98-
Voti ng: 8- 3
Council Meiiibers Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober,
H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert
G. Jones, W. H. Kitchin, III, J. Henry McCoy, Jr.,
D.D.S.
Council Members Voting Nay:
Vice Mayor Barbara M. Henley, Reba S. McClanan,
and Meyera E. Oberndorf
Council Members Absent:
None
- 9 9-
ITEM II-I.6 ITEM #18719
Richard "Tuck" Bowie, Talbot and Associates, represented the
applicant
Upon motion by Councilman McCoy, seconded by Councilwoinan
Oberndorf, City Council voted to uphold the recommendation
of the Planning Commission and APPROVE the application of
COLONIAL BAPTIST CHURCH for a Conditional Use Permit as
per the following:
ORDINANCE UPON APPLICATION OF COLONIAL R0982483
BAPTIST CHURCH FOR A CONDITIONAL USE
PERMIT FOR A CHURCH
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
Ordinance upon application of Colonial Baptist Church
for a Conditional Use PerTnit for a church on certain
property located on the West side of Centerville
Turnpike beginning at a point 1000 feet more or less
South of Lynnhaven Parkway, running a distance of
1060 feet more or less along the West side of
Centerville Turnpike, running a distance of 870
feet along the Southern property line, running a
distance of 405 feet along the Western property line,
and running a distance of 645 feet along the Northern
property line. Said parcel contains 10 acres.
KEMPSVILLE BOROUGH.
Approval is subject to the following provisions in
conjunction with the intended use of the land:
1. City water and sewer.
2. Since existing improvements in the area are
substandard, it is recommended that right-of-
way improvements be waived, except for standard
concrete entrances.
3. A 30-foot dedication along the frontage on
Centerville Turnpike, 45-feet from the center
line of the old 30-foot right-of-way to provide
for an ultimate 90-foot right-of-way as per the
Master Street and Highway Plan.
This Ordinance shall be effective from date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia,
on the Thirteenth day of September, 1982.
- I 00-
Voti ng: I 1 - 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
- 1 01 -
ITEM II-I.7 ITEM #18720
Richard "Tuck" Bowie, Talbot Associates, represented the
applicant
Upon motion by Councilman McCoy, seconded by Councilwoman
Oberndorf, City Council voted to uphold the recommendation
of the Planning Commission and APPROVE the application of
LEVEL GREEN BAPTIST CHURCH for a Conditional Use Permit
as per the following:
ORDINANCE UPON APPLICATION OF LEVEL GREEN R0982484
BAPTIST CHURCH FOR A CONDITIONAL USE
PERMIT FOR AN ADDITION TO AN EXISTING
CHURCH
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA:
Ordinance upon application of Level Green Baptist Church
for a Conditional Use Pemit for an addition to an existing
church on the Southeast side of Level Green Boulevard
beginning at a point 90 feet Northeast of Clear Springs
Road, running a distance of 272.67 feet along the Southeast
side of Level Green Boulevard, running a distance of 149.75
feet in a Southeasterly direction, running a distance of
453.03 feet in a Southerly direction, running a distance of
40 feet in a Southeasterly direction and running a distance
of 541.38 feet in a Northwesterly direction. Said parcel is
located at 5869 Level Green Boulevard and contains 2.3 acres.
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 Thirteenth day of September, 1982.
- 1 02 -
Voti ng I 1- 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
- 1 0 3-
ITEM II-1.8 ITEM #18721
COUNCILMAN McCOY LEFT COUNCIL CHAMBERS
Jack Hayworth represented the applicant
Upon motion by Councilman Heischober, seconded by Councilwoman
Oberndorf, City Council voted to uphold the recommendation of
the Planning Commission and APPROVE the application of C. GORDON
OLIVER for a Conditional Use Permit as per the following:
ORDINANCE UPON APPLICATION OF C. GORDON OLIVER R0982485
FOR A CONDITIONAL USE PERMIT FOR A SELF-SERVICE
GASOLINE STATION AND CAR WASH FACILITY
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
Ordinance upon application of C. Gordon Oliver for a
Conditional Use Permit for a self-service gasoline
station and car wash facility on property located on
the South side of Haygood Road beginning at a point
150 feet East of Aragona Boulevard, running a distance
of 150 feet along the South side of Haygood Road,
running a distance of 250 feet along the Eastern pro-
perty line, running a distance of 150 feet along the
Southern property line and running a distance of 250
feet along the Western property line. Said parcel
contains 37,500 square feet. BAYSIDE BOROUGH.
Approval is subject to the following provisions in
conjunction with the intended use of the land:
1. City water and sewer.
2. A revised site plan will be required depicting
parking area and spaces.
3. Dedication of a temporary construction easernent as
shown on the Haygood Road Plans - Project #UOOO-134-
107, R/W 202, C-502, Sheets 12 and 13 on file in the
Department of Public Works/Engineering Division.
This Ordinance shall be effective from date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia,
on the Thirteenth day of September, 1982.
- 1 04-
Voti ng: 1 0- 0
Council Members Voting Aye:
John A. BaLim, 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.
- I 0 5 -
ITEM II-1.10 ITEM #18722
COUNCILMAN McCOY RETURNED TO COUNCIL CHAMBERS
COUNCILMAN BAUM LEFT COUNCIL CHAMBERS
Upon motion by Councilwoman Creech, seconded by Councilman
McCoy, City Couicil voted to uphold the recommendation of
the Planning Commission and ADOPT the Ordinalice to ainend and
reordain Sections 4.4(b) and 4.4(j) of the Subdivision
Ordinance pertaining to nonconforming lots;
AND, the Ordinance to amend and reordain Article 1, Section
105 of the Comprehensive Zoning Ordinance of the City of
Virginia Beach, Virginia, pertaining to nonconforming uses.
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. McC]anan, J. Henry McCoy, Jr., D.D.S,
and Meyera E. Oberndorf
Council Members Voting Nay:
Noiie
Council Members Absent:
John A. Baum
1 06-
AN ORDINANCE TO AMEND AND REORDAIN
SECTIONS 4.4(b) AND 4.4(i)
OF THE SUBDIVISION ORDINANCE
PERTAINING TO NONCONFORMING LOTS
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That Section 4.4(b) of the Subdivision Ordinance be amended and re-
ordained to read as follows:
4.4 Lots
(b) Except where created by g@vernmental action, lots created
by subdivision must meet all requirements of the z@n
Erdi-nance. However, existing lots which fail to conform
to present applicable zoning regulations may also be re-
subdivided to less than current minimum zoning standards
w ere the following apply:
(1) the existing lots have been legally created; and
(2) the reult n, lots conform to agxplic lie rtesuclre-
i
ents in ech r, t?b
m spect that the on-
form, and in those respects that the existin
Fo not conform, no qreater degree of nonconformity
than that already present would result.
That Section 4.4(i) of the Subdivision Ordinance be amended and re-
ordained by adding the following:
Any lot created by subdivision which meets the area and
dime-ns the uses in th@zon-
n, @,strict in which it is located, ut not all uses,
a 's
an thus restricted by the zoning ordinance as to use,
shall have suc[, re-striction clearly noted on the plat.
Adopted by thL- Council of the City of Virginia Beach, Virginia, on the
13 day of September, 1982.
APPIROX;D AS i-C CDNZTE.14T
'7-
EY
9 /1 382
1 07 -
AN ORDINANCE TO AMEND AND REORDAIN
ARTICLE 1, SECTION 105 OF THE
COMPREHENSIVE ZONING ORDINANCE OF
THE CITY OF VIRGINIA BEACH, VIRGINIA,
PERTAINING TO NONCONFORMING USES
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That Article 1, Section 105, Nonconforming Uses, of
the Comprehensive Zoning Ordinance of the City of Virginia Beach
is heieby amended and re.ordained as follows:
Section 105. Nonconformity.
(a) Any otherwise lawful use, structure, or condition
of use which existed in conformity to all applicable zoning
provisions before this Ordinance was adopted or amended but which
does not conform to the provisions of this Ordinance as a result
of its adoption or amendment shall be deemed a nonconformity.
(b) Intent. It is the intent of this Ordinance to
allow nonconformities to continue until they are removed, but not
to allow them to become enlarged, expanded, extended, or
relocated except upon resolution of City Council as provided for
in this section, and not to allow them to be used @s grounds for
adding other structures or uses prohibited elsewhere in the same
district.
(c) Continuation. A nonconformity may continue
provided that it remains otherwise lawful, subject to the
provisions set forth in this section. However, no nonconformity
shall continue if it ceases for any reason for a period of more
than two years.
(d) Enlargement or Extension of Nonconformity. No
nonconforming use shall be increased in magnitude. No
nonconforming use shall be enlarged or extended to cover a
greater land area than was occup ied by the nonconformity on the
effective date of this Ordinance or amendment thereto. No
nonconforming use shall be moved in whole or in part to any
I 0 8-
other portion of the lot, parcel, or structure not occupied by
the nonconformity on the effective date of this Ordinance or
@mendment theretoi and no nonconforming structure shall be moved
at all except to come into compliance with the terms of this
Ordinance. No nonconforming structure shall be enlarged,
extended, reconstructed, or structurally altered, if the effect
is to increase the nonconformity. As an exception to the above,
any condition of development prohibited by this section may be
permitted by resolution of the City Council based upon its
finding that the proposed condition is equally appropriate or
more appropriate to the district than is the existing
nonconformity. City Council may attach such conditions and
safeguards to its approval as it deems necessary to fulfill the
purposes of this Ordinance.
(e) Conversion of a Nonconformincf Use to Another Use.
No nonconforming use shall be converted to another use which does
not conform to this ordinance except upon a resolution of the
City Council approving such conversion, based upon its finding
that the proposed use is equally appropriate or more appropriate
to the district than is the existing nonconforming use. In the
resolution oermitting such change, the City Council may attach
such conditions and safeguards to its approval as it deems
necessary to fulfill the purposes of this Ordinance. When any
nonconforming use is converted to another use, the new use and
accompanying conditions of development shall conform to the
provision of this Ordinance in each respect that the existing use
conforms, and in any instance where the existing use does not
conform t.o those provisions, the new Use shall not be more
deficient. Any 6se approved by City Council shall thereafter be
subject to the provisions of th'4s section.
(f) Damage or Destruction Involving Nonconformities.
Any structure or condition of development which is, houses, or is
related to a nonconformity may, if involuntarily damaged or
-2-
1 09-
destroyed, be reconstructed or restored to its prior condition
within two years of its beinci damaged or destroyed, and the
ilonconformity may continue as before. If it is not reconstructed
or restored within two y ears, then any future construction or
@econstruction on, or use of, the affected lot shall be in
conformance with the provisions of this Ordinance.
(9) Location of Uses and Structure on Lots Not Meetinq
Minimum Requirements. Any conforming principle or accessory use
or con@orming structure housinq such use may be enlarqed,
extended, constructed, located, or moved on any lot created prior
to the effective date of fhis Ordinance reqardless of the size or
dimensions of such lot, provided that other requirements of this
Ordinance are met. However, in the case of any lot created or
rezoned upon petition on behalf of the property owner on or after
the above date, onlv those uses and structures shall be located
on the lot for which the lot meets the minimum lot requirements
in the appl-icable zoninq district. Any lot not meeting the
applicable size or dimension requirements due to governmental
Lctic,n @aken on or after the effective date of this Ordinance
shall have the same rights of development as before said
governmental action took place.
(h) Buildings Being Planned or Under Construction.
Nothing herein contained shall require any change in the plans
for construction of any project, or part thereof, for which an
active use permit, valid building permit, current approved
preliminary subdi,,,-,'.,3ion Plat or certificate of occupancy was
lai7fulia, issued prior to the effective date of this Ordinance, or
of any amendment thereto.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the 13 day of September 1982.
!Tt4T
APP-IOVED ',Z -f'Z) CO'
CMS/da
8/2 3/8 2
IDI'P
(A)
9/1/82
-3-
4 P@c"
- I 10-
ITEM II-1.11 ITEM #18723
COUNCILMAN BAUM RETURNED TO COUNCIL CHAMBERS
Upon inotion by Councilman McCoy, seconded by Couticilman
Heischober, City Council voted to uphold the recommendation
of the Planning Commission and ADOPT the Ordinance* to amend
the Master Street and Highway Plan dated December 16, 1974,
with regards to the Pembroke area.**
Voti ng: 1 1 - 0
Council Me@nbers 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. iones, W. H.
Kitchin, III, Reba S. McClanan, J. Heilry McCoy,
Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
*Subject to clarification with the second paragraph of the
the City Manager's letter
**This item was deferred ori August 23, 1982
AN ORDINANCE TO AMEND
THE MASTER STREET AND HIGHWAY PLAN
DATED DECEMBER 16, 1974
BE IT ORDAIN.ED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
-That the Master Street and Highway Plan dated December 16, 1974, is
hereby amended as follows:
Increase Independence Boulevard to a 140-foot right-of-way
from Virginia Beach Boulevard to Baxter Road.
2. Add the extension of Constitution Drive south to Edwin
Drive as a 90-foot righ.t-of-way.
Adopted by the Council of the City of Virginia Beach, Virginia, on
the 13 day of Septpmhpr 1982.
APPROV
ED AS To CoNn,@4T
E
EY
9 /1 3 /82
- 1 1 2 -
ITEM II-I.12 ITEM #18724
ALL THREE (3) ITEMS OF R. G. MOORE WERE VOTED ON AS ONE.
Attorney Grover C. Wright, Jr., represented the applicant
Paul Redgate, Salem Woods Civic League, spoke on this
matter
The following spoke in opposition:
Lieutenant Commander Balisle, resident of Salem
Woods
Mrs. Paul, Old Salem Road Civic League
Steven Pelstring
Larry Beberdick
Upon motion by Councilman McCoy, seconded by Councilman
Jones, City Council voted to uphold the recommendation of
the Planning Commission and APPROVE the applications of
R. G. MOORE BUILDING CORPORATION for 'Chan@s@f Zonin_q
District Classification as per the following:
ORDINANCE UPON APPLICATION OF R. G. MOORE Z09826@4
BUILDING CORPORATION FOR A CHANGE OF
ZONING DISTRICT CLASSIFICATION FROM R-5
RESIDENTIAL DISTRICT TO R-8 RESIDENTIAL
DISTRICT
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIR-UINIA
BEACH, VIRGINIA:
Ordinance upon application of R. G. Moore Building
Corporation for a Change of Zoning District Classifi-
cation from R-5 Residential District to R-8 Residential
Distrl'ct on certain property located 100 feet more or
less South of Revere Drive beginning at a point 4170
feet more or less West of Salem Road, running a distance
of 1102 feet along the Northern property line, running
a distance of 728.96 feet along the Western property
line, running a distance of 1143.44 feet along the
Southern property line and running a distance of 804.86
feet along the Eastern property line. Said parcel contains
19.757 acres. KEMPSVILLE BOROUGH.
Approval is subject to the following provisions in con-
junction with the intended use of the land:
1. Standard improvements as required by the Site Plan
and Subdivision Ordinances.
2. City water and sewer.
3. The applicant has voluntarily agreed to subrnit an
instrLtnent for recordation restricting the number
of units to a total of 36 more than allowed by
existing zoning, to construct only single-f&nily
detached units and to provide a park and swiBTning
pool. This document is to be recorded in the
Office of the Clerk of Circuit Court.
- 1 1 3-
4. Dedication of right-of-way 60-feet in width for
Pleasant Valley Road to align with the existing
section of Pleasant Valley Road.
This Ordinance shall be effective from date of
adoption
Adopted by the Council of the City of Virginia
Beach, Virginia, on the Thirteenth day of
@@tember, 1982.
- I 1 4-
ORDINANCE UPON APPLICATION OF R. G. MOORE Z0982675
BUILDING CORPORATION FOR A CHANGE OF
ZONING DISTRICT CLASSIFICATION FROM R-5
RESIDENTIAL DISTRICT TO R-6 RESIDENTIAL
DISTRICT
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
Ordinance upon application of R. G. Moore Building
Corporation for a Change of Zoning District Classifi-
cation from R-5 Residential District to R-6 Resi-
dential District on certain property at the Southeastern
terminus of Pleasant Valley Drive, running a distance of
1517 feet along the Northern property line, running a
distance of 642.26 feet in a Southeasterly direction,
running a distance of 661 feet in a Northwesterly direction,
running a distance of 612 feet in a Sout[westerly direction,
running a distance of 617.61 feet in a Northwesterly
direction, running a distance of 171.70 feet in a Souttmesterly
direction, running a distance of 454.40 feet in a Nortluesterly
direction and running a distance of 882.20 feet along the
Western property line. Said parcel contains 34.4 acres.
KE@IPSVILLE BOROUGH.
Approval is subject to the following provisions in con-
junction with the intended use of the land:
1. Standard improvements as required by the Site Plan
and Subdivision Ordinances.
2. City water and sewer.
3. Dedication of right-of-way 60-feet in width
for Pleasant Valley Road to align with the
existing section of Pleasant Valley Road.
This Ordinance shall be effective from date of
adoption.
Adopted by the Council of the City of Virginia
Beach, Virginia, on the Thirteenth day of
September 1982.
- 115-
ORDINANCE UPON APPLICATION OF R. G. MOORE Z09826@,6
BUILDING CORPORATION FOR A CHANGE OF ZONING
DISTRICT CLASSIFICATION FROM R-5 RESIDENTIAL
DISTRICT TO R-8 RESIDENTIAL DISTRICT
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
Ordinance upon application of R. G. Moore Building
Corporation for a Change of Zoning District Classifi-
cation from R-5 Residential District to R-8 Residential
District on certain property located 450 feet more or
less South of Williamantic Drive beginning at a point
5272 feet more or less West of Salem Road, running a
distance of 661 feet in a Northiesterly direction,
running a distance of 612 feet in a Southwesterly
direction, running a distance of 617.60 feet in a
Northwesterly direction, running a distance of 171-70
feet in a Southwesterly direction, running a distance
of 2201 feet in a Southeasterly direction and running
a distance of 1301.84 feet in a Nortivesterly direction.
Said parcel contains 22.9 acres. KEMPSVILLE BOROUGH.
Approval is subject to the following provisions in con-
junction with the intended use of the land:
1. Standard improvements as required by the Site Plan
and Subdivisioli Ordinances.
2 . City water and saqer.
3. The applicant has voluntarily agreed to submit an
instrument for recordation restricting the number
of units to a total of 36 more than allowed by
existing zoning, to construct only single-family
detached units and to provide a park and swimming
pool. This doclnent is to be recorded in the
Office of the Clerk of Circuit Court.
4. Dedication of that portion of the proposed Lynnhaven
Parkway that crosses the southern tip of this parcel.
This Ordinance shall be effective from date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia,
on the Thir-teenth day of Septeinber, 1982.
1 1 6-
Voti ng: 7 - 4
Council Members Voting Aye:
John A. BaLa, Nancy A. Creech, Harold Heischober,
H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert
G. Jones, and J. Henry McCoy, Jr., D.D.S.
Council Members Voting Nay:
Vice Mayor Barbara M. Henley, W. H. Kitchin, Ill,
Reba S. McClanan, and Meyera E. Oberndorf
Counci I Members Absetit:
None
1 1 7 -
0 R D I N A N C E S
ITEM II-J.1 ITEM #18725
R. H. "Bob" Shesler spoke in favor of the proposed Ordinance
Upon motion by Councilman Heischober, seconded by Councilwoman
Oberndorf, City Council voted to uphold the recommendation of
the City Manager and ADOPT the Ordinance to amend and reordain
Section 35-64 (a)(4) of the Code of the City of Virginia Beach
pertaining to general prerequisites to grant exemptions for
elderly and disabled persons from real estate taxes.
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
AN ORDINANCE TO AMEND AND REORDAIN
SECTION 35-64(a)(4) OF THE CODE OF
THE CITY OF VIRGINIA BEACH
PERTAINING TO GENERAL PREREQUISITES
TO GRANT; EXEMPTIONS FOR ELDERLY AND
DISAB'-ED PERSONS.FROM REAL ESTATE
TAXES
BE IT ORDAINED BY THE-CITY COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
.That Section 35-64(a)(4) of the Code of the City of
Virginia Beach is hereby amended and reordained to read as
follows:
Section 35-64. General prerequisit6s to grant; effect of
residency in hospital, nursing home, etc.
(a) The exemption or deferral, but not both, as provided for in
this division shall be grant@d to persons subject to the
following provisions:
(4) The total combined income, during the immediately
preceding calendar year, from all sourceS7
excluding the first four thousand dollars
($4,000.00) or anv portion thereof of anv income
received bv an owner as permanent disability
compensation, of the owner of the dwelling living
therein and of the owner's relatives living in the
dwelling does not exceed thirteen thousand dollars
($13,000.00); provided that, the first two thousand
dollars ($2,000.00) of income of each relative,
otber than the spouse of the owner or owners, who
is living in the dwelling shall not be included in
siic,'i total.
Adopted by the Council of the City of Virq-inia Beach,
Virginia, on the 13 day of Septeinber 1982.
ppqc),JED AS T-
A v
MES/re
8/10/82
SIGNATURE
8/19/82
8/23/82
9/10/82 DEPAIZT.%@E@@
(D)
Rl,!Ey
1 1 9-
ITEM II-J.2 ITEM #18726
John Vogel, Tidewater Kennel Club, spoke in favor
Alexander Platt spoke in favor
Lee Carruth spoke in favor and presented petitions with
200 signatures of citizens who are in favor of the proposed
Leash Law (copy of which will be made a part of these
proceedings).
Chauncey Black spoke in opposition
Upon motion by Councilman Jennings, seconded by Councilwoman
Oberndorf, City Council voted to uphold the recommendation of
the City Manager and ADOPT THE AMENDED ORDINANCE to enact
Section 5-73 to the City Code of the City of Virginia Beach
pertaining to keeping dogs under restraint - Leash Law.
Voting: 10-1
Council Members Voting Aye:
John A. Baun, 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
1 2 0-
Requested by: Citizen's Committee
AN ORDINANCE TO ENACT SECTION 5-73
TO THE CITY CODE OF THE CITY OF
VIRGINIA BEACH PERTAINING TO K
EEPING
DOGS UNDER RESTRAINT - LEASH LAW
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
VI.RGINIA BEACH, VIRGINIA:
Tbat a Section 5-73 is h-ereby added to the Code of the
City of Virginia-Beach as follows:
Section 5-73 Keepinq doqs under restraint - Leash law.
(A) It shall be uniawful for the owner of any dog to
per;nit the doq to go upo n
any public street, sidewalk or riqht of
way, excluding the public beaches of the city, unless it is kent
secured by a '@eash or lead or other means of restraint not
harmful or injurious to the doq and under the control of a
responsible person capable of physically restraininq the doq.
(B) Any person who does not restrain his dog, in
accordance with this section, wliether such person be the ownel- or
custodian of such doa, shall be guilty of-a Class 4 misdemeanor.
The Animal Control Officer or Police Officer may issue a summons
to any person lie finds in violation of this section.
(C) 1. This section shall not apply to any person who
tises a doq under his direct supervision while lawfully untinq,
wbile enc@c4ed in a supervi---ed formal obedience traininq class or
o.- du?-inq formally sanctioned field trials.
2. This section shall not applv to any person
south of the trace line beginninq at the intersection of Elbow
Road and the Chesapeake-Virqinia Beach city boundary line; thence
northeastwardly alonq Elbow Road to Salem Road; thence
southeasti,,ardly alonq Sale m Road to North Landstown Road; thence
1 21 -
northeastwardly alonq Landstown Road to Princess Anne Road;
thence southeastwardly along PrincesS Anne Road to Oceana
Boulevard; thence northeastwardly alonq Oceana @oulevard to Dam
Neck Road; thence eastwardly along Dam Neck Road to its
intersection with the Atlantic Ocean; with the exception of
stib-divisions of Red Mill Farms and the communities of Sandbridqe
and Lag 0 Mar.
This Ordinance shall be effective on and after the date
of its adoption.
Adopt6d by the*Counc4-l of the City ol@ Virginia Beach,
Virginia, on the 13 day of September 1982.
APPPOVED AS TO CONTEINT
SIGNATURE
DEPARTMEIQT
APPROVED.All TO FOR.,,i
-2-
1 2 2-
ITEM II-J.3 ITEM #18727
upon motion by Councilman Baum, seconded by Vice Mayor
Henley, City Council voted to uphold the recommendation
of the City Manager and ADOPT ON SECOND READING the
Ordinance to appropriate funds for the City of Virginia
Beach to host the 1982 Virginia Municipal League
Convention.
Voting: 11-0
Council Meinbers Voting Aye:
John A. BaLin, 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
1 2 3-
AN ORDINANCE TO APPROPRIATE FUNDS
FOR THE CITY OF VIRGINIA BEACH
TO HOST THE 1982 VIRGINIA tiuNICIPAL
LEAGUE CONVENTION
WHEREAS, the City of Virginia Beach has not hosted a Virginia Municipal
League Convention for over ten years, and
WHEREAS, City officials requested and received approval to hold the
1982 convention, and
WHEREAS, the City Counci.1 desires tb provide for the conventioneers a
.Hospitality Suite, Host City Night Dinner including band and site preparation at
an estimated cost of $15,000, and
WHEREAS, it is projected that other appropriations will not be
r,ecessary because of volunteer time contributed by City employees and expenses
budgeted by City Departments,
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That appropriations in the amount of $15,000 for the Ho@pitaliLy Suite
and Host City Night Dinner be transferred from Reserve for Contingencies to the
Mxi@t'@@iuai Co6ricil Operating Budget.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
13 day of September _, 1982.
FIRST READING: August 23, 1982
SECOND READING: September 13, 1982
APPROVED AS TO CON'FENT
SIC-t,'A-, JR',
DEDI@T!,'@ENT
A;>r FQRM
1 2 4-
A P P 0 I N T M E N T S
ITEM II-K.1 ITEM #18728
Upon nomination by Councilwoman Oberndorf, City Council voted
to APPOINT John L. Perry to the COMMUNITY DEVELOPMENT CITIZE[IS
ADVISORY BOARD. Mr. Perry is replacing Mr. Isaac Herbert.
Voti ng. 1 1 - 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:
No ne
1 2 5-
ITEM II-K.2 ITEM #18729
The City Clerk advised that by concensus of Council, during
a former EXECUTIVE SESSION, no appointments will be made to
the MOSQUITO CONTROL COMMISSION at this time.
ITEM II-K.3 ITEM #18730
Upon nomination by Councilman McCoy, City Council voted to
APPOINT the following to the TRANSPORTATION SAFETY COMMISSION
for terins of three (3) years each,beginning November 1, 1982
and ending October 31, 1985.
Wesley E. Barbour
Harry M. Carter, Jr.
Aaron A. Parsons
V o t i n 9I 1 - 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:
lione
Council Members Absent:
None
1 2 6-
ITEM II-K.4 ITEM #18731
Upon nomination by Councilman Heischober, City Council voted
to APPOINT Edward A. Barco to the WETLANDS BOARD for a term
of five (5) years beginning September 18, 1982 and ending
September 17, 1987.
Voting: I 1 - 0
Council Members Voting Aye:
John A'BaLufl, Nancy A. Creech, Harold Heischober,*
Vice Mayor Barbara M. Henley, H. Jack Jennings,
jr., Mayor Louis R. Jones, Robert G. iones, 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:
No ne
*COUNCILMAN HEISCHOBER VOICED A VERBAL "AYE"
1 2 7 -
N E W B U S I N E S S
ITEM II-M.1 ITEM #18732
Mayor Jones advised Council the State Water Study Commission
will be meeting in the Council Chaiubers on Thursday, September
23, 1982, at 7:30 p.m. and encouraged all Council Members to
attend.
-ITEM II-M.2 ITEM #18733
Upon motion by Councilwoman McClanan , seconded by Councilman
Baum, City Council voted to expedite on October 4, 1982,
the Comprehensive Zonitig Ordinance amendments heard at
the Planning Commission September 14, 1982:
Article 1, Section 111 pertaining to definitions
of tourist home
Article 4, Section 401(c) pertaining to use
regulations for tourist homes in the AG-1
Agricultural District.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober,
Vice Mayor Barbara M. Henley, H. Jack Jennings,
ur., 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
Counci I Members Voting Nay:
None
Council Meiiibers Absent:
None