HomeMy WebLinkAboutJUNE 28, 1982 MINUTES
Cit@<z>f
"WORI O'S LARGF--ST RESORT CITY"
CITY COUNCIL
MAYOR J. HENRY M,COY JR.. O.D.S.. K,.p@.ill, B.@.gb
VICE-MAYOR HAROLD HEISCHOSER. A,
fOH,li A. BAUM, B.@.gb
E. T. BL:ICHANAN@ B.@.gb
F. REID ERVI@l;. A, L.,g,
BARBARA M. HENLEY. P-9- B.@-gb
CLARENCE A. HOLLAND, M.D., B.,@,dl B.-.gb
W. H. KITCHIN, 111, B'-ch B---gh
REBA S. M@CLANAV, P,,@c,@, A@., B.,@.gb
MEYERA E. OBERNDORF. A, L.,g, 212 C,'TY HALL BUILDINC
P,tTRICK L. STANDING, A, L@g, MUNICIPAL CEN7ER
VIRGINIA BEACH. VIRGINIA 23456
RUTH HODGES SMITH, Ci,y Cl,,k (804) 427-4303
CITY COUNCIL AGENDA
June 28, 1982
ITFM I INFORMAL SESSION: 5:00 p.m.
A. CALL TO ORI;ER - Mayor J. Henry McCoy, Jr.
B. ROLL CALL OF COUNCIL
C. MOTION TO RECESS INTO INFOP14AL/EXECUTIVE SESSION
D. PRESENTATION/DISCUSSION OF PERTINENT @IATTERS
1. Matters for discussion by Mayor.
2. Matters for discussion by Council.
E. CITY MANAGER'S ADMINISTRATIVE ITEMS:
1. Ordinances Amending Sections 28--4 and 37-8 of the City Code
Sewer and Water Liiie Fees: I)iscussion.
ITEM II FORMAL SESSION: 7:00 p.m.
A. INVOCATION: Reverend Roy N. Wilson
Church of Christ, Oceana
B. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF @IERICA
C. ELECTRONIC ROLL CALL OF COUNCIL
D. MINUTES OF PRFVIOUS MEETING:
1. Motion to accept/approve the Minutc:s of June 21, 1982.
E. PRESENTATIO@I
1. CertificAte of Conformatice in Fiinancial Repor-@irig 1rc@sent(,d
to tlie City of Virginia Beacli From the Municipal linance
Officers Association.
ITESOLUTIONS
1. Resolution to authorize City Manager to eiiter into a coiitract
for group healtli care coverage for municipal employees for
Fiscal, Year 1983.
2. Resolution opposing the application of Ocean Island
Associates for a National Pollution Discharge Elimination
System permit at the southern end of Sandbridge.
3. Resolution urging the Virginia Congressional Delegation
to introduce and support legislation which will allow the
U. S. Navy to enter into long-term leases of privately-
owned, multi-family housing.
4. Resolution authorizing the City Manager to take the neces-
sary action to extend the survey of the U. S. Army Corps
of Engineers to include all City beaches and authorizing
Dr. Jonathan Silberman to conduct the entire survey under
the authority of the City of Virginia Beach.
5. Resolution amending Article 2, Materials, of the Engineer-
ing Standards (bituminous-coated corrl,.gated steel pipe).
6. Resolution creating Citizens Committee to study impact of
State/Federal Legislation.
C. CONSENT AGENDA
All matters listed under the Consent Agenda are considered in
the ordinary course of business by City Council and will be
enacted by one motion in the form listed. There wi.11 be no
separate discussion of these items. If discussion is desired,
that item will be removed from the Consent Agenda and considered
separately.
1. Request of the Commissioner of the Revenue for license
refunds in the amount of $500.50.
2. Request of the City Treasurer for tax refunds in the
amount of $11,835.11.
3. Bingo/Raffle permits:
Virginia Beach Democratic Women's Club Raffl-e
Malibu Football Leagile Raffle
4. Ordinance, on SECOND READING, to appropriate funds of
$50,000 to the court system for public defender costs.
5. Ordinance, on SECOND READING, to accept a grant from the
Department of Corrections totaling $117,566 and to
appropriate these funds for the Virginia Beach Community
Diversion Program.
6. Ordinance, on SECOND READING, to amend and reordain
Chapter 21, Section 21-75, Subsections (a), (b), (c),
(d) and (e) of the Code of the City of Virginia Beac'fl
relating to motor vehicle license tax rates.
7. Ordinance authorizing the City Manager to execute @l deed
releasing the City's interest in the 10 foot draiiiaie
easement across Parcel "A", Virginia Capes Marina.
ITEM II G. CONSEIT AGENDA (Cont'd)
8. Ordinance to authorize a temporary encroachmant into a
portion of the right-of-ways to the --ree.'l Run Corporation
of Virgin4-a Beach.
9. Low bid of Asphalt Roads and Materials Companv, Inc.,
in the amount of $112,360.00, for tlie 1982-1.983 Various
Roads Contract; AND, auttiorize tlie City Maiiager to enter
into the necessary agreemeqts for the iml)leinelitation of
this project.
10. Low bid of REA Construction Company, iii the amount of
$594,063.10, for the 1982-1983 Bitumiiious Concrete
Maintenance Schedule; AND, authorize the City Manager
to enter into the necessary agreements for tlie implemen-
tation of this project.
11. Low bid of Contractors Paving Company, Inc., in the
amount of $238,497.89, for the 1982-1983 Profile,
Resurface, and Recycled Cold Mix Bituminous Concrete
Schedule; AND, authorize the City Manager to enter into
the necessary agreements for the implementation of this
project.
H. PLANNING ITEMS
1. Applications of O.W.L., Ltd. for a n e of zoning from
B-2 Community-Business District to B-4 Resort-Commercial
District on an 8.43-acre parcel AND for a change of
zoning from A-1 tment District to B-4 EFE,,sort-
Commercial l@strict on a 5.8-ar. par e@l. This 14.23-
acre site is located south of Shore Drive, west of North
Great Neck Road (Lynnhaven Borough).
1. Letter from the City Manager transmits the
recommendation of the Planning Commission
for d@nial.
2. Ordinance to amend and reordain Article 5, Section 581(b)
of the Comprehensive Zoning Ordinance pertaining to
accessory uses atid structures in the R-9 Residential-
Townhouse District;
Ordinance to amend and reoraain Article 5, Section 581(c)
of the Comprehensive Zoning Ordinance pertaining to use
regulations for home occupations in the R-9 Residencial-
Townhouse District;
Ordinance to amend and reordain Article 6, Section 601(b)
of the Comprehensive Zoning Ordinance p-ertaining to
accessory uses and structures in the A-1 Apartment District;
Ordinance to amend and reordain Article 6, Section 601(c)
of the Comprehensive Zoning Ordinance pertaining to use
regulations for home occupations in the A-1 Apartment
District;
Ordinance to amend and reordain Article 6, Section 611(b)
of the Comprehensive Zoning Ordinance pertaining to
accc.@ssoi:y u@@6
Ordinance to amend and reordain Article 9, Section 931(b)
of the Comprehensive Zonitig Ordinance pertaining to
accessory uses and structures in the 5.-4 i@esort Co,.nmercial
District;
Ordinance to amend and reordain Article 9, Section 931.(c)
of the Comprehensive Zoning Ordinaiice pertaining to use
regulations for home occupations in the B-4 Resort Commer-
cial District;
ITEM II H. PIAN14ING ITE'IS (Co-it'd)
2. Ordinance to amend and reordain Article 1, Section Ill
of the Compreliensive Zoning Ordinance pertaining to
home occupati.ons;
Ordinance to amend and reordain Article 2, Section 229
of the Coinprehensive Zoning Ordinance pertaining to
home occupations;
Ordinance to amend and reordain Article 4, Section 401(b)
of the Comprehensive Zoning Ordinance pertaiiiing to
accessory uses and structures in the AG-1 Agricultural
District; AND,
Ordinance to amend and reordain Article 5, Section 501(b)
of the Comprehensive Zoning Ordinance pertaining to
accessory uses and structures in the R-1 Residential
District.
a. Letter from the City Manager transmits the
recommendation of the Planning Commission
for oval.
I. ORDINANCES
1. First Reading
a. Ordinance, on FIRST R@ING, to appropriate funds
of $73,842 for additional positions and related
appropriations in the City Attorney's Office.
(This item was deferred for one week on 6/21/82.)
The City Manager recommends deferral.
2. City Code Amendments
a. Ordinance to amend and reordain Section 37-21 of
the Code of the City of Virginia Beach, Virginia,
pertaining to water during emergencies.
The City Manager recommends oval.
b. Ordinance to amend and reordain Article I, Clapter
27, Section 27-3(b) of the Code of the City of
Virginia Beach pertaining to permit and processing
fees.
The City Manager recommends approval.
3. Ceneral
a. Ordinance authorizing the issuance of Water and
Sewer Revenue Notes of the City of Virginia Beach,
Virginia, in an amount not to exceed $2,200,000;
Ordinance authorizing the issuance of Water and
Sewer Revenue Notes of the City of Virginia Beach,
Virginia, in an amount not to exceed $1,800,000;
AND, a Resolution authorizing the execution of
contracts to purchase the stock of County Utilities
Corporation and Kempsville Util,ities Corporation.
The City Manager recommends approval.
j. APPOIN'IIILNTS
1. Soutlieastern Virginia Planning District Commissi,n
K. UNFINISHED BUSINESS
L. NEW BUSINESS
M. ADJOURNMENT
1. Motion to adjourn.
M I N U T E S
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
June 28, 1982
The Regular Meeting of the Council of the City of Virginia Beach,
Virginia, was called to order by Mayor J. Henry McCoy, Jr., D.D.S.,
in the Conference Room, City Hall Building, on Monday, 28 June 1982
at 5:07 p.m.
Council Members Present:
John A. Baum, E. T. Buchanan, F. Reid Ervin, Vice
Mayor Harold Heischober, Barbara M. Henley, Clarence
A. Holland, M.D., W. H. Kitchin, III, Reba S. McClanan,
Mayor J. Henry McCoy, Jr., D.D.S., Meyera E. Oberndorf,
and Patrick L. Standing
Council Members Absent:
None
ITEM #18367
Mayor McCoy 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
empl oyment, assignment, appointment, promotion, performance,
demotion, salaries, disciplining or resignation of public
officers, appointees or employees.
2. PUBLICLY HELD PROPERTY: Discussion or consideration of
the condition, acquisition or use of real property for public
purpose, or of the disposition of publicly held property, or
of plans for the future of an institution which could affect
the value of property owned or desirable for ownership by such
instituion.
3. LEGAL MATTERS: Consultation with legal Counsel or briefings
by staff members consultants or attorneys, pertaining to actual
or potential litigation, or other legal matters within the
jurisdiction of the public body.
- 2 -
Upon motion by Councilman Standing, seconded by Councilman Buchanan, City
Council voted to proceed into the EXECUTIVE SESSION following the INFORMAL
SESSION.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, E. T. Buchanan, F. Reid Ervin, Vice
Mayor Harold Heischober, Barbara M. Henley, Clarence
A. Holland, M.D., W. H. Kitchin, 111, Reba S. McClanan,
Mayor J. Henry McCoy, Jr., D.D.S., Meyera E. Oberndorf,
and Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
None
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MAYOR'S TRIP ITEM #18368
Mayor McCoy advised he went to Wilmington, Deleware, this past weekend@ and
had an enjoyable time.
M A T T E R S B Y C 0 U N C I L M E M B E R S
NOTIFYING WHEN PROPERTY SOLD ITEM #18369
Councilwoman McClanan advised she spoke with City Attorney Bimson con-
cerning the notification of property owners when their property was to
be sold for delinquent taxes.
Councilwoman McClanan advised she has requested the City Attorney
prepare an Ordinance stating the City will notify by mail all property
owners whose property is being sold for delinquent taxes, (Escheat Sales).
RECEIVING THE BEACON ITEM #18370
Councilman Baum advised that during last week's INFORMAL SESSION he
noted the area newspapers did not realize the Blackwater Borough was
in the City of Virginia Beach as he never received THE BEACON.
Councilman Baum further advised he did not receive THE BEACON or any
other supplement in this past Sunday's paper.
SCHOOL TUITION ITEM #18371
Councilwoman Henley advised "in the article concerning school tuitions
there was a statement indicating a payment the City was expecting for
impact funds had been indefinitely held up".
Councilwoman Henley advised the City relied "pretty heavily" on these
funds during the budget processes, and requested a report on the
exact status of this.
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PLEASURE HOUSE LAKE ITEM #18372
Councilman Holland advised that "at the end of Pleasure House Road is
a small body of water named Pleasure House Lake, which has been in a
corporation. Someone was appointed the Receivor of the property and
Judge Barrow is going to appoint a new Receivor."
Councilman Holland requested the City of Virginia Beach consider
obtaining this Lake as it does a great deal of drainage in that
area and takes the overflow into the Chesapeake Bay.
BRIEFING/STAFF ITEM #18373
Councilman Buchanan expressed his appreciation to the Staff for
providing Council with all information needed for the City Manager's
Briefing to new Council Members.
MacDONALD'S RESTAURANT ITEM #18374
Councilwoman Oberndorf advised that a new MacDonald's Restaurant opened
in the Kempsville Borough and when the ribbon cutting was conducted the
Manager had taped $1.00 bills to it. The Parks and Recreation Department
was the recipient of $100.
Councilwoman Oberndorf requested a Proclamation be sent to the Manager
of MacDonald's Restaurant thanking him.
BLUE CROSS/BLUE SHIELD ITEM #18375
Councilman Kitchin advised he received a telephone call from a gentleman
regarding Blue Cross/Blue Shield and requested Council "read over" the
letter mailed to Mr. Dodd from David Keplinger.
Councilman Kitchin advised that Blue Cross/Blue Shield is under the
opinion the City would be at a disadvantage cost-wise if they selected
Prudential Health Care.
Councilman Kitchin requested Mr. Keplinger be permitted to make a
brief statement before Council during the FORMAL SESSION when this
matter is heard.
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BOARDWALK ART SHOW ITEM #18376
Councilman Ervin asked the City Manager if he was able to attend the
Boardwalk Art Show this past weekend,and if so,did he receive any
complaints regarding vandalism.
The City Manager advised he received no complaints regarding vandalism;
however, he did have a complaint himself with regards to the excessive
costs in parking.
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
WATER AND SEWER LINE FEES ITEM #18377
The City Manager advised that for Council's consideration attached
are Ordinances amending Secti6ns@ 28-4 and 37-8 of the City Code
pertaining to sewer and water line fees. The amendments to each
Section consists of four alternatives:
Alternative One codifies existing administrative
procedure relating to developer line fees. This
proposal would grant the lower developer line fees
to owners dedicating improvements to the City which
had been constructed at no cost to the utility
enterprise fund.
Alternative One-A mirrors Alternative One except that
it calls for councilmanic approval of any contractual
agreement related to utility fees involving an amount
in excess of $50,000.
Alternative Two provides for reduced developer fees
only when improvements have been made with no
expenditure of City funds whatsoever, enterprise or
otherwise.
Alternative Two-A mirrors Alternative Two, but also
includes the previously-mentioned $50,000 contractual
limitations.
Reference was made to Attorney E. T. Caton, III's request for line
fee exemptions for his client.
Aubrey V. Watts, Jr., spoke concerning this matter.
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RESOLUTION/HOUSING NEEDS ITEM #18378
The City Manager advised on the Resolution to be presented during the
FORMAL AGENDA regarding U. S. Navy's housing needs in Tidewater, there
are three changes:
(1) First Paragraph. "local officials" has been changed
to "local government and Navy
officials."
(2) Second Paragraph; "lease multiple-unit has been changed
to "lease individual and multiple-unit."
(3) Sixth Paragraph: "privately-owned multi-family housing"
has been changed to "privately-owned
individual and multiple-unit housing."
BEACH SURVEY ITEM #18379
The City Manager advised there is a possibility of additional questions
being added to the Army Corps of Engineer's Questionaire:
1. For overnight visitors in hotels - Do you consider
the price of our accommodations to include the use
of the beach and, if so, what percent is for beach
use?
2. For homeowners or cottage rentals - Do you consider
the price of our accommodations or your annual real
estate taxes to include the use of the beach and, if
so, what percent is for beach use?
3. Related to the use of beach on the bay - If a public
beach facility with showers, toilets, picnic areas,
parking and lifeguard services were available in the
bayfront of Virginia Beach would you use it today
rather than this beach?
No one will be charged to utilize the beaches in Virginia Beach the
questionaire is to try to determine what the value of the beach is to
the people that are using them. Council will not have to make an
appropriation since the City will be using existing funds to fund the
study.
MEETING WITH COUNCIL-ELECT ITEM #18380
The City Manager advised today (28 June 1982) meetings began with Council
Members-Elect to provide them with the opportunity to meet with the
Department Heads who gave Council a review of the operations of the
departments. Several present Council Members attended also. Two additional
meetings will be held in the near future.
City Council recessed into EXECUTIVE SESSION, (5:30 p.m.)
I
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F 0 R M A L S E S S I 0 N
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
28 June 1982
7:05 p.m.
Council Members Present:
John A. Baum, E. T. Buchanan, F. Reid Ervin, Vice
Mayor Harold Heischober, Barbara M. Henley, Clarence
A. Holland, M.D., W. H. Kitchin, III, Reba S. McClanan,
Mayor J. Henry McCoy, Jr., D.D.S., Meyera E. Oberndorf,
and Patrick L. Standing
Council Members Absent:
None
INVOCATION: Reverend Roy N. Wilson
Church of Christ, Oceana
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
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M I N U T E S
ITEM II-D.1 ITEM #18381
Upon motion by Councilman Baum, seconded by Councilman Standing, City
Council voted to APPROVE the Minutes of the Regular Meeting of 21 June
1 9 8 2.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, E. T. Buchanan, F. Reid Ervin, Vice Mayor
Harold Heischober, Barbara M. Henley, Clarence A. Holland,
M.D., W. H. Kitchin, III, Reba S. McClanan, Mayor J. Henry
McCoy, Jr., D.D.S., Meyera E. Oberndorf, and Patrick L.
Standing
Council Members Voting Nay:
None
Council Members Absent:
None
- 9-
P R E S E N T A T I 0 N
ITEM IT-E.1 TTEM #18381
Mayor McCoy presented to Mr. Giles G. Dodd, Assistant to the City
Manager/ Finance , a C er t if icate of Con f ormance in Fin ancial Rep orting
Presented to the City of Virginia Beach, Virginia, from the Municipal
Finance Officers Association.
R E S 0 L U T I 0 N S
ITEM 11-F.1 ITEM #18382
William D. Monday, Jr., Vice President of Marketing, Blue Cross/Blue
Shield, spoke concerning this Resolution.
Mr. Thomas Morrison, Edward H. Friend and Company, spoke concerning this
Resolution.
Upon motion by Councilman Standing, seconded by Councilman Buchanan,
City Council voted to uphold the recommendation of the City Manager
and ADOPT the Resolution to authorize the City Manager to enter into
a contract for group health care coverage for municipal employees for
Fiscal Year 1983, (Prudential).
Voting: 9- 2
Council Members Voting Aye:
John A. Baum, E. T. Buchanan, Vice Mayor Harold
Heischober, Barbara M. Henley, Clarence A. Holland,
M.D., Reba S. McClanan, Mayor J. Henry McCoy, Jr.,
D.D.S., Meyera E. Oberndorf, and Patrick L. Standing
Council Members Voting Nay:
F. Reid Ervin, and W. H. Kitchin, TII
Council Members Absent:
None
-10-
RESOLUTION TO @ITT@!ORT@-E CITY
MANAGER TO ENTER INTO CONTRACT
FOR GROUP HEALTH CARE COVERAGE
FOR MUNICIPAL EMPLOYEES FOR
FISCAL YEAR 1983
WHEREAS, City Council of the City of Virginia Beach
desires to offer a plan of health care coverage to employees
and their families, and
WHEREAS, specifications for such a plan have been
drawn and proposals have been received from several companies,
and
WHEREAS, the consulting firm of Edward H. Friend and
Company has --eviewed the bids and has recommended the proposal
of the Prudential Insurance Company, and
WHEREAS, the bid of Prudential Insurance Company appears
to be the best bid.
NOW, THEREFORE BE IT RESOLVED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH that the City Manager is hereby authorized to
enter iiato a contract to provide health care coverage for
municipal employees for Fiscal Year 1983.
Adopted by the Council of the City of Virginia Beach
on the 28 day of June 1982.
JDB:jh
- 1 1 -
ITEM II-F.2 ITEM #18383
Dan Hopkins, representing Sandbridge Beach Civic League, spoke in
favor of the proposed Resolution opposing the application of Ocean
Island Associates for a National Pollution 'Discharge Elimination
System permit at the southern end of Sandbridge.
Upon motion by Councilwoman Henley, seconded by Vice Mayor Heischober,
City Council voted to uphold the recommendation of the City Manager
and ADOPT the Resolution opposing the application of Ocean Island
Associates for a National Pollution Discharge Elimination System at the
southern end of Sandbridge.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, E. T. Buchanan, F. Reid Ervin, Vice
Mayor Harold Heischober, Barbara M. Henley, Clarence
A. Holland, M.D., W. H. Kitchin, III, Reba S. McClanan,
Mayor J. Henry McCoy, Jr.., D.D.S., Meyera E. Oberndorf,
and Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
None
- 1 2 -
R E S 0 L U T I 0 N
WHEREAS, we have been notified by the State Water Control Board of an
application for a National Pollution Discharge Elijiiination System (N.P.D.E.S.) permit
by Ocean Island Associates; and
WHEREAS, the application describes a proposed sewage treatment plant to
be built in conjunction with a 200-unit hotel at the southern end of Sandbridge
which, wheh operating, would discharge between 10,000 and 50,000 gallons of treated
effluent per day year-round into Back Bay; and
WHEREAS, the potential impacts on Back Bay and the Sandbridge area from
this project and other similar projects are considered to be of significance; and
WHEREAS, at present, there are no point source discharges into Back
Bay and approval of this perinit could lead to a proliferation of similar plants at
the north end of the Bay, and due to the nature of Back Bay with its limited mixing
and flushing characteristics, it is doubtful that it can assiroilate discharges of
this kind; and
WHEREAS, Back Bay is a valuable natural resource from an economic,
environmental, and recreational standpoint and is undergoing stress from developmental
pressures; and
WHEREAS, this proposal is inconsistent with the recommendations of the
Comprehensive Plan of the City of Virginia Beach, Virginia; and
WHEREAS, this proposal is inconsistent with the.Hampton Roads Water Quality
Management Plan developed under Section 208 of the Federal Water Pollution Control
Act of 1972; and
WHEREAS, preliminary calculations from the Department of Public Utilities
indicate that Back Bay may represent a substantial potable water source for the
City of Virginia Beach, and the proposed treatment plant would conflict with and
possibly eliminate Back Bay from further consideration; and
WHEREAS, the application provides insufficient data upon which to evaluate
the treatnient process; and
WHEREAS, a recent survey of undeveloped land in the Back Bay area indicates
there exist over 264 acres of undeveloped land @-oned for high intensity uses and the
presence of this high degree of development represents potential implications for
the future of this area in regay,d to potential effluent discharge into Back Bay;
- 1 3 -
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA, that in light of the above facts, we are opposed to the application
for a N.P.D.E.S. permit by Ocean Island Associates at the southern end of
Sandbridge; and
BE IT FURTHER RESOLVED that the Council directs the Clerk of the Council
to cause this resolution to be spread upon the minutes of this formal session of
City Council and forward a copy to the State Water Control Board.
- 1 4-
ITEM II-F.3 ITEM #18384
Upon motion by Councilman Ervin, seconded by Councilwoman Oberndorf,
City Council voted to ADOPT THE REVISED RESOLUTION urging the Virginia
Congressional Delegation to introduce and support legislation which
will allow the U. S. Navy to enter into long-term leases of privately-
owned, multi-family housing.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, E. T. Buchanan, F. Reid Ervin, Vice
Mayor Harold Heischober, Barbara M. Henley, Clarence
A. Holland, M.D., W. H. Kitchin, III, Reba S. Mcclanan,
Mayor J. Henry McCoy, Jr., D.D.S., Meyera E. Oberndorf,
and Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
None
- 1 5-
At a meetirig of the Council of
the City of Virginia Beach held
on the Twenty-Eighth day of Jitne,
1982, the following Re-solution
was adopted.
R E S 0 L U T I 0 N
WHEREAS, in the fall of 1981, at the request of tlie Virginia
Beach City Council, Congressman G. William Whitehurst convened a group
of local government and Navy officials to discuss the U. S. Navy's
housing needs in Tidewater; and,
WHEREAS, an Ad Hoc Committee, appointed by Congressman
Wbitehurst, has proposed changes in the Federal Domestic Leasing
of Housing Statute to allow the Navy to lease individual and
multiple-unit, privately-owned housing on a long-term basis; and,
WHEREAS, such legislation is now being studied by the
RAND Corporation under contract with the Department of Defense;
and,
WHEREAS, the Virginia Beach City Council believes that the
Navy, to satisfy its housing needs, should be permitted and encouraged
to enter into long-term leases with private housing developers so
that the housing units would be subject to local and state building
codes and local taxes.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
THAT the Virginia Congressional Delegation is hereby urged
to introduce and support legis'@ation which will allow the United States
Navy to enter into long-term leases of privately-owned individual
multiple-unit housing.
BE IT FURTHER RESOLVED, that the City Clerk is directed to
forward a copy of this Resolution to each member of the Virginia
Congressional Delegation.
- 1 6-
ITEM II-F.4 ITEM #18385
Upon motion by Councilman Buchanan, seconded by Councilwoman Oberndorf,
City Council voted to uphold the recommendation of the City Manager and
ADOPT the Resolution authorizing the City Manager to take the necessary
action to extend the survey of the U. S. Army Corps of Engineers to
include all City beaches and authorizing Dr. Jonathan Silberman, Professor
at Old Dominion University, to conduct the entire survey under the
authority of the City of Virginia Beach.
Voting: 10-1
Council Members Voting Aye:
John A. Baum, E. T. Buchanan, F. Reid Ervin, Vice
Mayor Harold Heischober, Barbara M. Henley, Clarence
A. Holland, M.D., W. H. Kitchin, III, Mayor J. Henry
McCoy, Jr., D.D.S., Meyera E. Oberndorf, and Patrick
L. Standing
Council Members Voting Nay:
Reba S. McClanan
Council Members Absent:
None
1 7 -
At a meeting of the Council of
the City of ',irQin-'@a P-each held
on the 28 day of June, 1982, the
following resolution was adopted.
R E S 0 L U T I 0 N
WHEREAS, as a part of the Beach Erosion and Hurricane Protecti.on
Plan now under study by the U. S. Ariny corps of Engineers, the local
office of the Corps would like to conduct a "recreation benefit
analysis" for beach use between Rudee Inlet and Fort Story; and
WHEREAS, the Corps has contracted with Dr. Jonathan Silberman
@of Old Dominion University to do a surv.ey and obtain estimates of
visitation and associated benefits attributable to people who use
this section of the beach; and
. WHEREAS, to facility this study, the Corps would like to
conduct it under the authority of the CitY of Virginia Beach; and
WHEREAS, in return for permission to conduct the survey under
the authority of the CitY of Virginia Beach, the Corps will allow
the City to add several questions to the survey specifically of
interest to the City and will furnish a copy of the final analysis
of the study; and
WHEREAS, in conjunction with this study, the City would like
to contract separately with Dr. Silberrnan to do a similar survey
and analysis of beach use on all of the other beaches in the City;
and
WHEREAS, funds for this survey are currently available in the
City's Operating Budget;
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA, that the City Manager is hereby
authorized to take the necessary action to extend the survey of
the U. S. A-rm Corps Of Engineers to
,y include all City beaches; and
BE IT FURTHER RESOLVED THAT Dr. Silb erman is authorized to
conduct the entire survey under the authority of the City of Virginia
Beach.
6/28/82
- 1 8-
ITEM II-F.5 ITEM #18386
George Keene, ARMCO spoke in favor of the proposed Resolution
James 0. Atkinson, III, Sadler Pipe and Materials Company,
spoke in favor
James Leakou, Christopher Development Company, spoke in favor.
Upon motion by Councilman Ervin, seconded by Councilman Baum, City
voted to uphold the recommendation of the City Manager and ADOPT the
Resolution amending Article 2, Materials, of the Engineering Standards
(bituminous-coated corrugated steel pipe).
Voting: 11-0
1 9-
Council Members Voting Aye:
John A. Baum, E. T. Buchanan, F. Reid Ervin, Vice
Mayor Harold Heischober, Barbara M. Henley, Clarence
A. Holland, M.D., W. H. Kitchin, III, Reba S. McClanan,
Mayor J. Henry McCoy, Jr., D.D.S., Meyera E. Oberndorf,
and Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
None
2 k@ -
Requested by: Public Works Depart,,nent
The regular meeting of the Cotincil of the City of
Virginia Beacl), Virginia, was held in the Council Chambers, of
the City of Virginia Beach, oil the 28 day of Juiie
1982.
On motion by and seconded
by the following Resolution was
adopted.
R E S 0 L U T I 0 N
WHEREAS, specifications and standards, commonly known as
Engineering Standards, have been adopted by the Council of the
City of Virginia Beach; and
WHEREAS, it is necessary frorp. time to time, to change,
amend and add to these Engineering Standards;
THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
That Article 2, Materials, of the Engineerinq Standards
be amended as follows:
ARTICLE 2 - MATERIALS
All materials shall conform to the specifications
provided in Division II of the Road and Bridqe Specifications
(1978) of the Virginia Department of Highways and Transportation.
Helically corrugated metal pipe shall have a minimum of two (2)
annular corrugations each end. Connecting bands shall engage at
least one annular corrugation on each side of the joint for the
full periphery of the pipe. Dimpled band connections for
corrugated pipe will not be permitted. Asbestos-Impreqnated
Corrugated Steel Pipe shall conform to Federal Specification
WW-P-405.
Section 2.1 Storm Sewers
For the purpose of analysis, design and
designation, a Storm Sewer is defined as follows:
"Generally, a drainage system, installed to carry
storm water, consisting of one or more pipes
connectinq two or more drop inlets is considered to
2 1, -
be a storm sewer. An exception to this general rule
is; one or more cross drain pipes connecting two or
more drop inlets hydraulically designed as a
culvert or culverts and not connected to a storm
sewer."
Section 2.1.1 The followinq allowable pipes may be
specified for storm sewer installatiori.
1. Concrete
2. Fully Bituminous Coated Corrugated Steel
3. Fully Bituminous Coated
Asbestos-Impregnated Corrugated Steel
4. Corrugated Aluminum Alloy
5. Asbestos Cement
Section 2.2 Culverts
At culvert crossings of streets and highways,
concrete box culverts, structural Plate Corrugated
Aluminum Alloy Pipe or Pipe Arch, Structural Plate
Fully Bituminous Coated Corrugated Steel Pipe or
Pipe Arch, or any of the types of pipe included in
paragraph 2.1.1 above will be permitted.
Section 2.3 Utilization of metal pipe necessitates pH tests as
directed by the City Engineer and submission of
said test results for review and approval. Where
the pH of the water, ground water or soil is 4 or
less; 9 or greater; or where the installation will
be subject to high abrasive action, or adverse
chemical attack, only concrete pipe will be
permitted for storm sewer or culvert installations.
Where storm sewer or culvert installations will be
exposed to salt water or salt water tidal action,
only the following allowable pipes may be
specified:
1. Concrete
2. Fully Bituminous Coated Asbestos-
Impreqnated Corrugated Steel
-2-
2 2 -
3. Corrugated Aluminum Alloy
4. Asbestos Cement
Section 2.4 Where storm sewers or c@ilverts have a slope over
0.5% or a velocity exceeding 10 FPS, the invert or
metal pipe shall be paved.
Section 2.5 Wall thickness of corrugated steel pipe shall
conform to the gauge and fill height tables,
Section 106, Road Design and Standards, virginia
Department of Highways and Transportation, dated
January 1, 1978.
Section 2.6 The minimum wall thickness for Corrugated Aluminum
Alloy Pipe and Pipe Arch shall be as follows:
2 2/3" x 1/2" Corrugations 3" x 1" Corrugations
Diam. or Span Gaqe Diam. or Span Gaqe
12" - 24" 16 36" - 54' 16
301 14 60" 14
36" 12 66" - 72' 12
4211 10 7811 10
4811 8 841- - 901, 8
6/23/82
RES.2
j,ppROVED AS TO CONTEIIT
-3-
- 2 3-
ITEM II-F.6 ITEM #18387
Upon motion by Councilman Buchanan, seconded by Councilwoman Henley,
City Council voted to ADOPT the Resolution creating Citizens Committee
to study impact of State/Federal Legislation.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, E. T. Buchanan, F. Reid Ervin, Vice
Mayor Harold Heischober, Barbara M. Henley, Clarence
A. Holland, M.D., W. H. Kitchin, III, Reba S. McClanan,
Mayor J. He4ry McCoy, Jr., D.D.S., Meyera E. Oberndorf,
and Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
None
2 4 -
RESOLUTION
CRFATING CITIZENS COt4MITTEE
TO STUDY
IMPACT OF STATE/FEDERAL LEGISLATION
WHEREAS, the Virginia General Assembly has not provided adequate
alternate sources of revenue to ensure a more equitabl.e disbursement of the
burden of funding local governments;
WHEREAS, the Virginia General Assembly, on numerous occasions, has
reinoved control of certain revenue sources from the discretion of local govern-
ment and has repeatedly passed new legislation which has mandated additional
funding demands on local goverrunent; and,
WHEREAS, the Federal Government has mandated programs without ade-
quate funding to allow compliance with the mandates:
NOW, THEREFORE, BE IT RESOLVED by the Virginia Beach City Council
there be created a CITIZENS COM,14ITTEE whose pu@se will be to study the impact
of past legislative mandates affecting local governments, legislation restric-
ting local cjovernment's ability to raise new revenues and legislation which
has removed or rolled-back taxing authority from local governments. This
Committee shall consist of five (5) members appointed by City Council and, in
addition to the previously enumerated duties and respc)nsibilities, shall:
(a) Document the effect that State and Federal
mandates have upon both the municipal budget
and the tax burden of the City's taxpayers;
(b) Advise City Council on legislation which the
City may desire to request the General
Assembly adopt to broaden the City's ability
to develop alternate sources of revenue;
and,
(c) Promote awareness among the members of the
general public of the problems identified.
BE IT FURTHER RESOLVED: That the City Council hereby directs the
Clerk of Council to forward a copy of this Resolution to the governing
bodies of the Tidewater Cities of Chesapeake, Hampton, Norfolk, Newport News,
Portsmouth and Suffolk. It is hoped each city will be repres6nted on a
regional panel to address these issues and become the advocacy group repre-
senting Southeastern Virginia.
Adopted by tbe Virginia Beach City Council this 28th day of June,
1982, in the City of Virginia Beach, Virginia.
- 2 5 -
C 0 N S E N T A G E N D A
ITEM II-G ITEM #18388
Upon motion by Councilman Ervin, seconded by Councilman Buchanan, City
Council voted to ADOPT the CONSENT AGENDA by ONE MOTION.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, E. T. Buchanan, F. Reid Ervin, Vice
Mayor Harold Heischober, Barbara M. Henley, Clarence
A. Holland, M.D., W. H. Kitchin, III, Reba S. McClanan,
Mayor J. Henry McCoy, Jr., D.D.S., Meyera E. Oberndorf,
and Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
None
- 2 6 -
ITEM II-G.1 ITEM #18389
Upon motion by Councilman Ervin, seconded by Councilman Buchanan, City
Council voted to uphold the request of the City Manager and APPROVE the
request of the Commissioner of the Revenue for license refunds in the
amount of $500.50.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, E. T. Buchanan, F. Reid Ervin, Vice
Mayor Harold Heischober, Barbara M. Henley, Clarence
A. Holland, M.D., W. H. Kitchin, III, Reba S. McClanan,
Mayor J. Henry McCoy, Jr., D.D.S., Meyera E. Oberndorf,
and Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
None
7
(IF ,,LVl@, Nu]"
T i@ T) T'l
C,)!@V I 7,T I P, B
Tlaat tli-- f i-,
c) -c) 19 al,)PliQat-;-oliz, fc)r 1;-ccii,c-, re-Ftiiids, lipc)jl c
L
11 CIINSE D.@@TE
Ni,-'.IE YEAR PAID BASL@ PI-,NAI,9'Y 'i l@,,L ')'OIIIAT,
Jackson, G. P, 1981 10/7/81 500.50 500.50
tc)
p
Cc)lctl@ii ssio))c r o,'/f,
Approved as to foral:
Sol)
The above abatenient(s) total;-ng eY7L@ apprOV(-?d by t-,@@e
council of tlie C'itv c)f Virginia R@cach C)n th -28 -day of June
19- 8 2
C@i.ty Cl(,i-k
- 2 8-
ITEM II-G.2 ITEM #18390
Upon motion by Councilman Ervin, seconded by Councilman Buchanan, City
Council voted to uphold the request of the City Manager and APPROVE the
request of the City Treasurer for tax refunds in the amount of $11,835.11.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, E. T. Buchanan, F. Reid Ervin, Vice
Mayor Harold Heischober, Barbara M. Henley, Clarence
A. Holland, M.D., W. H. Kitchin, III, Reba S. McClanan,
Mayor J. Henry McCoy, Jr., D.D.S., Meyera E. Oberndorf,
and Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
None
2 9 -
I T C) R L)A 1,@, i,@ D L, Y
@'t,at tlif,, follo@,@iig applicL,.4ic@i)s for '.ax I'CfL;iids L@port of tlie Trea,.;tiic@,@ rrc @iereb@, @@I)prc,,voci:
N'A@i E T i @@e i T.@ D
L) y 14 ut@bct t4o. 11
Buick Inc 82 I)P 661 9 - 2 5/2 7 /82 3CO. 78
Ptissell Housc inc 82 R 'r(1/2) 68-)10-3 il/l,7i8l 9,742.18
I /@rvsllror.@ 82 pp 376@l-. 5 6/^/F@2 1 38. CiO
Si,,iitli 81 pp l@7975 5/11/82 62.82
obert N lieiidLi,sc,-, U'r 82 pp 57172.-9 5/'l ',,)/82 21 6. 99
atlierine 1)@lvis 82 pp 31 @@66-r 5/5/02 4.3@
,,,-,n '-,)rraiie Cobl, 82 pp 24636-3 5/5/'82 189.00
arrr,ar@ @%l I en 79 RE(!/2) 894-5 11/15/78 1 3. 9,'t
ernian Allen 79 RE(2/2) 89-1-.5 6/Z-)/79 13.94
ernian .41 1 eii 80 RE(1/2) 829,.- 2 12/5/79 14.70
,@r-ii:an All@n 80 RE(2/2) 829-2 6/3/80 14.70
!ermari Allen 81 PE(1/2) 1029-9 12/1-,/80 16.06
erman Allen 81 RE(2/2) 1029-9 6/3/81 16.06
'Fotal 10,743.46
0 7 4 3. 4 6
vici@ il);)rove(J ')y
lhc C,'Ouilci! c," ',hc Cily Cf V'r,,-i;;;ia
r3c?a,-@i c)ii th,-. cl@ly of Jun.e-
-,2 8
v
zi,-i to f,
)rm:
L I'-'
By i@@- OF TI' 'C@", vli, -INIA:
1-1@at th-- apili@il"o;is fc)r tax refunds upo;i of ii@) Tr(,,' e hereby
@'S L]re, a.
T Y!@ Penalty
14Az'
of @i
N Jol I i I f 81 pp 1 41 5()@ 5/3/82 65. 87
81 pp 598'6 5/1 9/81 3 ")' I . 4 4
@iii,,red East C@,e,-4it Corp 1,
o;-i,-.an !. %Icvmai-, 82 pp 9241 C@-8 5/1 7182 1 25. 22
;@,rist-,',an Kii-sc,'i 82 pp 7 1 f@, 5/@,/82 1 6. '@O
i I I i aiii Ii Layni@in 82 RE(1/2) 4'@438-C 12/5/82 25. 74
t-end Fo,ins Inc 82 RE(1/2) 1446"j-2 1 2/ 5/8-1 21-5. 39
ouis Recine 81 RE(1/2) 62417-9 12/2/80 71.40
ouis Recine 81 RE(2/2) 6241.7-9 6/1/81 -,1.40
ouis Recine 82 RE(l@(@) 65035-3 11/18/81 108.69
Total 1,091.65
1CIS2
-@tive frol@@ @l,t Df
$1 091. wc-e @pl)ro,,ed by
tile Cotit'-Cil of tile City @! Vi,@,,iniF,
l@l@ -,.28c'@,y ,t Jun.e
r . IIti@i@ISOI),
@s to f@,l@ii:
- 3 1 -
ITEi4 II-G.3 ITEM #18391
Upon motion by Councilman Ervin, seconded by Councilman Buchanan, City
Council voted to uphold the request of the City Manager and APPROVE the
following g@ftge,'Raffle Permits:
Raffle Virginia Beach Democratic Women's
Club
Raffle Malibu Football League
Voting: 11-0
Council Members Voting Aye:
John A. Baum, E. T. Buchanan, F. Reid Ervin, Vice
Mayor Harold Heischober, Barbara M. Henley, Clarence
A. Holland, M.D., W. R. Kitchin,I 11, Reba S. McClanan,
Mayor J. Henry McCoy, Jr., D.D.S., Meyera E. Oberndorf,
and Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
None
- 3 2 -
ITEM II- .4 ITEM #18392
Upon motion by Councilman Ervin, seconded by Councilman Buchanan, City
Council voted to uphold the request of the City Manager and ADOPT ON
SECOND READING the Ordinance to appropriate funds of $50,000 to the
Court System for Public Defender Costs.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, E. T. Buchanan, F. Reid Ervin, Vice
Mayor Harold Heischober, Barbara M. Henley, Clarence
A. Holland, M.D., W. H. Kitchin, III, Reba S. McClanan,
Mayor J. Henry McCoy, Jr., D.D.S., Meyera E. Oberndorf,
and Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
None
- 3 3-
AN ORDINAN@CE TO AI'PROPRIATE FUNDS OF
$50,000 TO THE COIIRT SYSTFM FOR
PUBLIC DEFENDER COSTS
WHERF-AS, the Executive Secretary of the Supreme C6urt of Virginia
has directed the court system to seek on behalf of the State
reimbursement from the local-ity when the Public Defender represents
persons charged with violations of local ordinances, and
WHEREAS, the judges of the General District Court and the Juvenile
and Domestic Relations District Court have determined that the
appropriate payinent by the City of Virginia Beach is $35.00 per charge
for each defendant who is represented by the Public Defender for
violation of local ordinances in thes6 courts, and
WHEREAS, this procedure will commence on july 1, 1982 and is
estimated to cost the city for the 1983 fiscal year a sum of $50,000
which was not budgeted in the FY 83 Operating Budget.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH that funds of $50,000 be appropriated from the
Ceneral Fund Balance to the various courts to reimburse the State
for the Public Defender representing persons charged with violations
of local ordinances.
This ordinance sliall be in effect from the date of its adoption.
Adopted by the Council of the City of Virginia Beach, Virginia on the
28 day of June 1982.
First Reading: June 21, 1982
Second Reading: June 28, 1982
.@.!)PP,OVED AS TO CONTE,4T
DIIARIII'TT-
TO FORKA
- 3 4-
ITEM II- .5 ITEM #18393
Upon motion by Councilman Ervin, seconded by Councilman Buchanan, City
Council voted to uphold the request of the City Manager and ADOPT ON
SECOND READING the Ordinance to accept a Grant from the Department of
Corrections totaling $117,566 and to appropriate these funds for the
Virginia Beach Community Diversion Program.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, E. T. Buchanan, F. Reid Ervin, Vice
Mayor Harold Heischober, Barbara M. Henley, Clarence
A. Holland, M.D., W. H. Kitchin, III, Reba S. McClanan,
Mayor J. Henry McCoy, Jr., D.D.S., Meyera E. Oberndorf,
and Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
None
3
AN ORDINANCE TO ACCEPT A GRAN-R
FROM THE DEPARTIIENT OF CORRECTIONS
TOTALING $117,566 AND TO APPROPRIATE
THES'L- FU@,@DS FOR Tilc VIRGI,',IIA BEACH
COMMUNITY DIVERSION PROGR@L.
WHEREAS, the Virginia General Assembly has enacted the Conimunity
Corrections Incentive Program which makes furids available to jurisdictions
within the Commonwealth for the purposes of diverting qijalified non-violent
offenders from the State penitentiaries for the purpose of rehabilitating
these offenders and allowing them the opportunity to make restitution for
their crimes; and
WHEREAS, the City of Virginia Beach is currently operating such a
program; and
WHEREAS, the Virginia Department of Corrections has approved the
necessary funding to continue the Virginia Beach Comniunity Diversion Program
to accomplish the objectives stated above;
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA that the City Manager is hereby authorized to accept the grant
for the City and funds are hereby appropriated for the following purposes:
Estimated Revenue Local Total
Community Diversion Proqram from Other Agencies Match
$117,566.00 $0.00 $117,566.00
BE IT FURTHER ORDAINED that two personnel positions are liereby
authorized for the duration of the grant to be paid from the grant with the
classes of the employees to be determined by the City Manager.
FIRST READING:
SECOND READING: June 28, 1982
Adopted by the Council of the City of Virginia Boach on the 28
day of June , 1982.
APPPOVED AS TO CONTENT
SiGt4AI@J.RE
DEPARTME,14T
TI)
I 'T
-(e L
- 3 6 -
ITEM II- .6 ITEM #18394
Upon motion by Councilman Ervin, seconded by Councilman Buchanan, City
Council voted to uphold the request of the City Manager and ADOPT ON
SECOND READING the Ordinance to amend and reordain Chapter 21, Section
21-75, Subsections (a), (b), (c), (d) and (e) of the Code of the City
of Virginia Beach relating to motor vehicle license tax rates.
The wording "This Ordinance shall become effective January 1, 1983"
has been included in the Ordinance.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, E. T. Buchanan, F. Reid Ervin, Vice
Mayor Harold Heischober, Barbara M. Henley, Clarence
A. Holland, M.D., W. H. Kitchin, III, Reba S. McClanan,
Mayor J. Henry McCoy, Jr., D.D.S., Meyera E. Oberndorf,
and Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
None
AN ORDINANCE TO AMEND AND REORDAIN
CHAPTER 21, SV-CTION 21-75,
SUBSECTIONS (a), (b), (c), (d) and
(e) OF THE CODE OF THE CITY OF
VIRGINIA BEACH RELATING TO MOTOR
VEHICLE LICENSE TAX RATES.
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA:
That Chapter 21, Section 21-75 Subsections (a), (b), (c), (d)
and (e) of the Code of the City of Virginia Beach are hereby amended
and reordained as follows:
Section 21-75. Imposition of tax.
(a) There is hereby imposed an annual license tax, for each
license year as established by this article, on motor vehicles,
trailers and semitrailers, the amount of which shall be as set forth in
the following subsection of this section.
(b) The license tax on a motor vehicle, weighing four
thousand (4,000) pounds or less, designed and used fol- the
transportation of passengers, which shall include every such vehicle
which is self-propelled or designed for self-propulsion, regularly kept
in the city and used upon public roadways of the city, shall be
twenty dollars ($20.00), except as otherwise
specifically provided in this section. If the motor vehicle as above
described weighs in excess of four thousand (4,000) pounds, the license
fee shall be twenty-dallars-+$20vgG+ twenty-five dollars ($25.00) per
year for each license year.
(c) The license tax on a motorcycle shall be e4ght-dollars
@$S.rGG@ fifteen dollars ($15.00).
(d) The license tax on a utility, boat or camping trailer,
which is normally pulled by passenger car or station wagon, or a pickup
or panel truck, and which has a gross weight of six thousand five
hundred (6,500) pounds or less is three-clellars-emel-fifty-eents
+04759@ eight dollars and fifty cents ($8.50). Nothing in this
paragraph shall be construed as applying to trailers or semitrailers
designed for use as living quarters for human beings or to trailers or
semitrailers operated under lease or rental agreement or operated for
compensation. The license tax for a trailer or semitrailer designed
for the use as living quarters for human beings, which is normally
towed behind a passenger vehicle or pickup truck, is f-ifteen
twenty dollars ($20.00).
8
(e) There is hereby imposed a licerise tax, to be paid by the
owner, upon each motor vehicle not designed in use for the traiisportation
of passengers, whether operated under lease or not. The amount of
license tax shall be determined by the gross weight of the vehicle or
combination of vehicles of which it is a part, one loaded to the maximum
capacity for which it is registered and licensed, by the state according
to the following schedule:
New New
Pounds Fee Fee Pounds Fee Fee
4,000 or less -15.rOG T20-.00 36,001 - 37,000 .... 4r,,BG 5@1.80
4,001 - 16,000 ... 20vog 25.00 37,001 - 38,000 .... 46719 53.1
16,001 - 17,000 ... 20789 25.80 38,001 - 39,000 .... 49v4g 54.40
17,001 - 18,000 ... 22749 27.10 39,001 - 40,000 .... 507-70 55.70
18,001 - 19,000 23749 28. 0 40,001 - 41,000 .... 52799 57.0
19,001 - 20,000 24v4G 29.7 41,001 - 42,000 .... 59739 58.30
20,001 - 21,000 -2r,.,99 3 .00 42,001 - 43,000 .... 54769 59.
21,001 - 22,000 .2-7730 7 = 43,001 - 44,000 .... 55799
22,001 - 23,000 ... 28769 33.60 44,001 - 45,000 .... 54v2g 62.20
23,001 - 24,000 29799 34.90 45,001 - 46,000 .... 58759 63.50
24,001 - 25,000 -34v2G T6.-20 46,001 - 47,000 .... 59780 64.80
25,001 - 26,000 32.75G 37.50 47,001 - 48,000 .... 64749 66.10
26,001 - 27,000 33789 3@80 48,001 - 49,000 .... 62740 67.40
27,001 - 28,000 .3574.9 49,001 - 50,000 .... 64749 .7
28,001 - 29,000 36740 41.40 50,001 - 51,000 .... 65vog 70.00
29,001 - 30,000 -34v49 42.70 51,001 - 52,000 .... 667-3() 71.30
30,001 - 31,000 ... 39.zGe 44.00 52,001 - 53,000 .... 6-7@69 72.60
31,001 - 32,000 ... 4(3739 45.30 53,001 - 54,000 .... 68799 73.90
32,001 - 33,000 ... 44769 46.60 54,001 - 55,000 .... qB720 75.20
33,001 - 34,000 ... 4-2799 7.90 55,001 - 56,000 -74750 T6.-50
34,001 - 35,000 ... 44-r2a 49.20 56,001 - 56,800 -7-2v8G 77.80
35,001 - 36,000 ... 45.rS@ 50.50 56,801 and over -7gj7G9 80.00
This ordinance shall become eftective January 1, 1983.
Adopted by the Council of the City of Virginia Beach,
on the 28 day of June 1982.
MES/re
FIRST READING:
SECOND READING:
-2-
- 3 9-
ITEM II-G.7 ITEM #18395
Upon motion by Councilman Ervin, seconded by Councilman Buchanan, City
Council voted to uphold the request of the City Manager and ADOPT the
Ordinance authorizing the City Manager to execute a deed releasing the
City's interest in the 10-foot drainage easement across Parcel "A",
Virginia Capes Marina.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, E. T. Buchanan, F. Reid Ervin, Vice
Mayor Harold Heischober, Barbara M. Henley, Clarence
A. Holland, M.D., W. H. Kitchin, III, feba S. McClanan,
Mayor J. Henry McCoy, Jr., D.D.S., Meyera E. Oberndorf,
and Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
None
- 40-
AN ORDINANCE AUTHORIZING THE
CITY MANAGER TO EXECUTE A DEED
RELEASING THE CITY'S INTEREST
IN THE 10 FOOT DRAINAGE EASEMENT
ACROSS PARCEL "A", VIRGINIA CAPES
MARINA.
WHEREAS, by Agreement, dated September 20, 1977, between the
City of Virginia Beach and F. Wayne McLeskey, Jr., the City
agreed, upon the request of Mr. McLeskey, to release its interest
in the westernmost 10 foot drainage easement shown on the attached
plat entitled "PLAT SHOWING 10' DRAINAGE EASEMENT VACATED AND
DISCONTINUED BY THE CITY OF VIRGINIA BEACH, VIRGINIA, PARCEL
"A", VIRGINIA CAPES MARINA (M.B. 122, P. 48), VIRGINIA BEACH
BOROUGH--VIRGINIA BEACH, VIRGINIA"; and
WHEREAS, Mr. McLeskey, as the fee simple owner of the above-
referenced property, has requested that the City of Virginia
Beach release its interest in the westernmost 101 drainage easement
shown on the referenced plat.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
That the City Manager of the City of Virginia Beach is
hereby authorized to execute a deed releasing the City's interest
to the above-referenced 10 foot drainage easement, pursuant to
the terms of the Agreement, dated September 20, 1977, between the
City of Virginia Beach and P. Wayne McLeskey, Jr.
Adopted by the Council of the City of Virginia Beach, Virginia,
on the June 28 1982
ci 'AppiZOVED AS
5/25/82
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- 4 2 -
ITEM II-G.8 ITEM #18396
Upon motion by Councilman Ervin, seconded by Councilman Buchanan, City
Council voted to uphold the request of the City Manager and ADOPT the
Ordinance to authorize a temporary encroachment into a portion of the
right-of-ways to the Green Run Corporation of Virginia Beach subject
to the following:
1. The encroachments are temporary in nature and shall
be allowed to remain for a period of one year.
2. The owner agrees to remove the encroachments on or
before the expiration date, at his own expense, when
notified to do so by the City.
3. The owner agrees to keep and hold the City harmless
of any liabilities as a result of these encroachments.
4. The owner agrees to maintain these encroachments so as
not to become unsightly or hazardous.
5. The encroachments shall not be in effpct until such
time as Green Run Corporation executes an agreement
encompassing the above provisions.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, E. T. Buchanan, F. Reid Ervin, Vice
Mayor Harold Heischober, Barbara M. Henley, Clarence
A. Holland, M.D. , W. H. Kitchin, III, Reba S. McClanan ,
Mayor J. Henry McCoy, Jr., D.D.S., Meyera E. Oberndorf,
and Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
None
4 3-
AN ORDINANCE TO AUTIIORIZE A TEMPORARY
ENCROACIIMENT INTO A PORTION OF I'Hp,
RIGHT-OF-IqAYS TO T.TIE GREPN R[JN
CORPORATION OF VIRGINIA BEACH
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINTA
BEACH, VIRGINIA:
That pursuant to the authority and to the extent
thereof contained in Section 15.1-893, Code Of Virginia, 1950, as
amended, the Green Run Corporation of Virginia Beach is
authorized to construct and maintain temporary encroachments into
the City right-of-ways and easement as shown on the atta,hed
plats.
That the temporary encroachments herein authorized are
for the purpose of erecting and maintaining directional signs and
that said encroachments shall be erected and maintained in
accordance with the City of Virginia Beach Public Works
Department's specifications as to size, alignment, condition, and
location. I
PROVIDED, HOWEVER, that the temporary encroachments
herein authorized shall terminate o@e year from the date of this
Ordinance and that said encroachments shall be removed from the
City right-of-ways and easement on or before such date, and that
the Green Run Corporation of Virginia Beach shall bear all costs
and expenses of such removal.
AND PROVIDED FURTHER, that it is expressly understood
and agreed that the Green Run Corporation of Virgi.nia Beach shall
indemnify and hold harmless the Ci ty 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
tlie location or existence of such encroachments.
AND, PROVIDED FURTHER, that this ordinance shall not be
in effect until such time that the Green Run Corporation of
4 4 -
Virginia Beach executes an agreement with the City of Virginia
Beach encompassing the afore-mentioned provisions.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the 28 day of June 19 82.
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- 50-
ITEM II-G.9 ITEM #18397
The following bids have been received for the 1982-83 Various Roads
Contracts:
Asphaht Roads & Materials Company, Inc. $112,360.00
Contractors Paving Company, Inc. $121,595.00
APAC - Virginia, Inc. $144,530.00
Suburban Grading & Utility, Inc. $160,810.00
REA Construction Company $182,851.50
CITY'S ESTIMATE $140,000.00
Upon motion by Councilman Ervin, seconded by Councilman Buchanan, City
Council voted to uphold the request of the City Manager and APPROVE the
low bid of Asphalt Roads and Materials Company, Inc., in the amount of
$112,360.00 for the 1982-83 Various Roads Contract; AND, authorized the
City Manager to enter into the necessary agreements for the implementation
of this project.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, E. T. Buchanan, F. Reid Ervin, Vice
Mayor Harold Heischober, Barbara M. Henley, Clarence
A. Holland, M.D., W. R. Kitchin, III, Reba S. McClanan,
Mayor J. Henry McCoy, Jr., D.D.S., Meyera E. Oberndorf,
and Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
None
- 5 1 -
ITEM II-G.10 1TEM #18398
The following bids have been received for the 1982-83 Bituminous Concrete
Maintenance Schedule:
REA Construction Company $594,063.10
Asphalt Roads and Materials
Company, Inc. $595,803.00
Winkelman, Inc. $645,131.96
APAC - Virginia, Inc. $655,478.40
CITY'S ESTIMATE $650,000.00
Upon motion by Councilman Ervin, seconded by Councilman Buchanan, City
Council voted to uphold the request of the City Manager and APPROVE the
low bid of REA Construction Company, in the amount of $594,063.10 for the
1982-83 Bituminous Concrete Maintenance Schedule; AND, authorized the City
Manager to enter into the necessary agreements for the implementation
of this project. FUNDS ARE AVAILABLE.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, E. T. Buchanan, F. Reid Ervin, Vice
Mayor Harold Heischober, Barbara M. Henley, Clarence
A. Holland, M.D., W. H. Kitchin, 111, Reba S. McClanan,
Mayor J. Henry McCoy, Jr., D.D.S., Meyera E. Oberndorf,
and Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
None
- 5 2-
ITEM 11-G.11 ITEM #18399
The following bids have been received for the 1982-83 Profile, Resurface,
and Recycled Cold Mix Bituminous Concrete Scbedule:
Concrete Paving Company, Inc. $238,497.89
APAC - Virginia, Inc. $274,104.62
Pomalco Corporation $320,055.63
REA Construction Company $337,158.88
CITY'S ESTIMATE $350,000.00
Upon motion by Councilman Ervin, seconded by Councilman Buchanan, City
Council voted to uphold the request of the City Manager and APPROVE the
low bid of Contractors Paving Company, Inc., in the amount of $238,497.89,
for the 1982-83 Profile, Resurface, and Recycled Cold Mix Bituminous
Concrete Schedule; AND, authorized the City Manager to enter into the
necessary agreements for the implementation of this project. Funds are
available.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, E. T. Buchanan, F. Reid Ervin, Vice
Mayor Harold Heischober, Barbara M. Henley, Clarence
A. Holland, M.D., W. H. Kitchin, III, Reba S. McClanan,
Mayor J. Henry McCoy, Jr., D.D.S., Meyera E. Oberndorf,
and Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
None
- 5 3 -
P L A N N I N G A G E N D A
ITEM 11-R.1 ITEM #18400
David B. Oglesby, Jr., Realtor, Builder and Developer spoke in behalf
of the application
Senator Peter K. Babalas spoke in behalf of the application
The following spoke in opposition:
Nelson Sabin, Great Neck Civic League
Attorney Grover C. Wright, Jr., representing
Cape Story by the Sea
Billy Stephenson
Alexander Platt
Upon motion by Councilman Buchanan, seconded by Councilman Ervin, City
Council voted to uphold the recommendation of the Planning Commission
and DENY the application of O.W.L., Ltd., for a Change of Zoning District
Classification as per the following:
Ordinance upon application of O.W.L., Ltd., for a Change
of Zoning District Classification from B-2 Comunity-
Business District to B-4 Resort-Commercial District on
certain property located 360 feet South of Shore Drive
beginning at a point 200 feet more or less East of North
Great Neck Road, running a distance of 635 feet along the
Northern property line, running a distance of 613 feet
along the Eastern property line, running adistance of
552 feet along the Southern property line and running a
distance of 625 feet along the Eastern property line.
Said parcel contains 8.43 acres more or less. LYNNHAVEN
BOROUGH.
Voting: 11-0
- 5 4 -
Council Members Voting Aye: (for denial)
John A. Baum, E. T. Buchanan, F. Reid Ervin, Vice
Mayor Harold Heischober, Barbara M. Henley, Clarence
A. Holland, M.D., W. H. Kitchin, III, Reba S. McClanan,
Mayor J. Henry McCoy, Jr., D.D.S., Meyera E. Oberndorf,
and Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
None
- 5 5 -
ITEM II-H.2 TTEM #18401
Upon motion by Councilman Buchanan, seconded by Councilman Baum, City
Council voted to uphold the recommendation of the Planning Commission
and DENY the application of O.W.L., Ltd., for a Change of Zoning
District Classification as per the following:
Ordinance upon application of O.W.L., Ltd., for a Change
of Zoning District Classification from A-1 Apartment
District to B-4 Resort-Commercial District on certain
property located 985 feet South of Shore Drive beginning
at a point 270 feet more or less East of North Great Neck
Road, running a distance of 547 feet more or less along
the Western property line, running a distance of 410 feet
along the Southern property line, running a distance of
540 feet more or less along the Eastern property line and
running a distance of 552 feet along the Northern property
line. LYNNHAVEN BOROUGH.
Voting: ii-o*
Council Members Voting Aye: (for denial)
John A. Baum, E. T. Buchanan, F. Reid Ervin, Vice
Mayor Harold Heischober, Barbara M. Henley, Clarence
A. Holland, M.D., W. H. Kitchin, III, Reba S. McClanan,
Mayor J. Henry McCoy, Jr., D.D.S., Meyera E. Oberndorf,
and Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
None
*VERBAL ROLL CALL
- 5 6-
ITEM 11-H-2 ITEM #18401
Upon motion by Councilman Buchanan, seconded by Councilwoman Henley,
City Council voted to uphold the recommendation of the Planning
Commission and ADOPT the Ordinances pertaining to the Comprehensive
Zoning Ordinance:
1. Ordinance to amend and reordain Article 5, Section
581(b) of the Comprehensive Zoning Ordinance pertaining
to accessory uses and structures in the R-9 Residential-
Townhouse District;
2. Ordinance to amend and reordain Article 5, Se@tion 581(c)
of the Comprehensive Zoning Ordinance pertaining to use
regulations for home occupations in the R-9 Residential-
Townhouse District;
3. Ordinance to amend and reordain Article 6, Section 601(b)
of the Comprehensive Zoning Ordinance pertaining to accessory
uses and structures in the A-1 Apartment District;
4. Ordinance to amend and reordain Article 6, Section 601(c)
of the Comprehensive Zoning Ordinance pertaining to use
regulations for home occupations in the A-1 Apartment
District;
5. Ordinance to amend and reordain Article 6, Section 611(b)
of the Comprehensive Zoning Ordinance pertaining to
accessory uses and structures in the A-2 Apartment
District;
6. Ordinance to amend and reordain Article 9, Section 931(b)
of the Comprehensive Zoning Ordinance pertaining to
accessory uses and structures in the B-4 Resort-Commercial
District ;
7. Ordinance to amend and reordain Article 9, Section 931(c)
of tbe Comprehensive Zoning Ordinance pertaining to use
regulations for home occupations in the B-4 Resort-Commercial
District ;
8. Ordinance to amend and reordain Article 1, Section Ill
of the Comprehensive Zoning Ordinance pertaining to
home occupations;
9. Ordinance to amend and reordain Article 2, Section 229
of the Comprehensive Zoning Ordinance pertaining to
home occupations;
10. Ordinance to amend and reordain Article 4, Section 401(b)
of the Comprehensive Zoning Ordinance pertaining to
accessory uses and structures in the AG-1 Agricultural
District; and,
11. Ordinance to amend and reordain Article 5, Section 501(b)
of the Comprehensive Zoning Ordinance apertaining to
accessory uses and structures in the R-1 Residential
District .
5 7 -
Voting: 11-0
Council Members Voting Aye:
John A. Baum, E. T. Buchanan, F. Reid Ervin, Vice
Mayor Harold Heischober, Barbara M. Henley, Clarence
A. Holland, M.D., W. H. Kitchin, III, Reba S. McClanan,
Mayor J. Henry McCoy, Jr., D.D.S., Meyera E. Oberndorf,
and Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
None
5 8 -
AN ORDINANCE TO A@IEND AND REORDATN
T I
ARTICLE 5, S'L'CT
, N 58lkb
OF THE COMPREHENSIVE ZONING ORD TNANCE
PERTAINING TO ACCESSORY USES AND STRUCTURES
IN THE R-9 RESIDENTIAL-TOWNHOUSE DISTRICT
BE IT ORDAINED BY THE COUNCIL OF T@IE CITY OF VIRGINIA BEACH, VIRGINIA:
That Article 5, Section 581(b) of the C.Z.O. is amended and reordained as
follows:
(b) Accessory uses and structures. Uses-and-strbetures-wh4eh-are-eustemar*ly
All accessory
uses and structures permitted in the R-8 Residenl,-ial District shall be
permitted in the R-9 Residential-Townhouse District.
Adopted by the Council of the City of Virginia Beach, Virginia, on the 28
day of June 1982.
TO C@%!7'@cPT
6 2 8 8 2
- 5 9-
AN ORDINANCE TO AMEND AND REORDAIN
ARTICLE 5, SECTION 581(c)
OF THc@' COMPREHEF@SIVE ZONING ORDINANCE
PERTAINING -iO USE REGULAI-1-UNS
FOR HOME OCCUPATIONS
IN THE R-9 RESIDENTIAL-TOWNHOUSE DISTRICT
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That Article 5, Section 581(c)(6) of the C.Z.O. is amended and reordained
in part as follows:
(c) Conditional uses and structures. Uses and structures hereinafter
specified; subject to compliance with the provisions of Part C of
Artic@ie 2 hereof:
(6) Home occupations;
(7) Marinas, including facilities for storage and repair of
boats and sale of boating supplies and fuel;
(8) @74 Museums and art galleries when not operated by a public
agency;
(9) @84 Non-illuminated golf courses, including par 3 but not
mi'fiiature, with a minimum area of ten (10) acres, together
with such uses which are incidental to golf courses, pro-
vided that such uses shall be designed and scaled to meet
only the requirements of the members, guests or users of
the golf course, and no signs or other indications of such
uses shall be visible from any public way;
(10) @94 Private schools having academic curriculums similar to
public schools;
(11) @;94 Recreation and amusement facilities of an outdoor nature,
other than as specified under permitted principal uses and
structures, which may be partially or temporarily enclosed
on a seasonal basis with approval of City Council, except
that riding academies and recreational campgrounds shall
not be allowed as a conditional use or otherwise;
(12) @114 Storage and maintenance installations for public utilities.
Adopted by the Council of the City of Virginia Beach 28
day of June, 1982.
6@
- 6 0 -
AN ORDINANCE TO AMEND AND REORDAIN
ARTICLE 6, SECTION 601(b)
OF THE COMPREHENSIV'r_- ZONING ORDINANCE
PERTAINING TO ACCPSSORY USES AND STRUCTURES
IN THE A-] APARTMENT DISTRICT
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGIR@IA:
That Article 6, Section 601(b) of the C.Z.O. is amended and reordained
in part as follows:
(b) Accessory uses and structures. Uses and st),uctures which are custom-
arily accessory and clearly incidental and subordinate to principal
uses and structures, including bull not limited to:
(1) Garages, tool sheds, greenhouses, swimming pools, barbecue
facilities and tennis courts.
(2) An accessory activity operated for profit in a residential dwelling
nit where there is no change in the outside appearance of the build-
ing or premises or any visible or audible evidence detectable from
outside the building lot, either permanently or intermittently, of
the conduct of such business except for one non-illuminated iden@ifica-
i not more than one square foot in area mounted flat against
the residence; where no traffic is generated, including traffic by
commerci I d ry ehicles, b.y such activity in greater volumes
"' i VTI
Than-wou?d ner.@ y vb expected in the neighborhood, and any need
for 2ark. i the c6ndOct 6f such activity is met off the
street and other than in a reure I front yard; where the activity -
is conducted on the premise which is the bona fide residence of the
rin c' al practitioner, and no er:o ther than memeers of the
im,@ c
't ing s,,h dw 17io
di I ng unit is employed in the
activity; where such ac ivity is conducted only in t e principal
structure on the lot; wnere tnere is no sales to the general public
of products or merchandise from the home; ahd where the activity is
r conducted to prevent no more than one patron,
customer, or pupil to be presen t on the premises at any one time.
f c 11@ bi
The following are speci i " @ pr,,hi ted as accessory activities:
- ent or nurs'n' homes, tourist-homes,,,,.ass:?,e parlors, radio
onvalesc
Fr televisin rpai, @hops, auto repair shp r ilar establish-
ments.
Adopted by the Council of the City of Virginia Beach, Virginia, on the 28
day of June 1982. APPROV,10 AS To Com
.7
RNEY
6 2 8 8 2
- 6 1 -
The @011(g@in re ci@ia@l @@ ib@i ed @s @@e sory activities:
convalescerit or nursinq hofles, touy-ist liomes, inassage pa-i-lors, radio
or television repair )-erair s or)s, o@similar es"ablish-
ments.
Adopted by the Council of the City of Virginia Beach, Virginia, on tlie ')B
day of June 1992.
p
6 2 88 2
- 6 2 -
AN ORDINANCE TO AMEND AND REORDAIN
ARTICLE 6, SECTION 6OIk'c)
OF THE COMPREHENSIVE ZONING O@1NAr@CE
PEfZTiliNii"@C, 'FO US@ PEU'U[-ATIONS
FOR HO@IE OCCUPATIONS
IN THE A-1 APARTMEN1- DISTRICT
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That Article 6, Section 601(c)(8), of the C.Z.O. is amended and reordained
in part as follows:
(c) Conditional uses and structures. Uses and structures hereinafter
specified; subject to compliance with the provisions of Part C of
Article 2 hereof:
(8) Home occupations;
(9) @4 Hospitals and sanitariums;
(10) @94 Marinas, including facilities for storage and repair of
boats and sale of boating supplies and fuel;
(11) @;94 Medical offices, professional offices and clinics;
(12) @;;4 Mobile home parks;
(13) @124 Museums and art galleries when not operated by a public
agency;
(14) @134 Non-illuminated golf courses, including par 3 but not
miniature, viith a minimum area of ten (10) acres;
(15) @;44 Nurses homes and similar housing for institutional
employees; monasteries and convents;
(16) @;64 Private schools having academic curriculums similar to
public schools;
(17) @164 Recreation and amusement facilities of an outdoor nature
other than as specified under permitted principal uses
and structures, which may be partially or temporarily
enclosed on a seasonal basis with approval of City
Council, except that riding academies and recreational
campgrounds shall not be allowed as a conditional use
or otherwise;
(18) k;74 Television or other broadcasting stations and line-of-
sight relay devices.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
28 day of Ju@e 1982.
62 8 8 2
- 6 3-
AN ORDINANCE TO AMEND AND REORDAIN
ARTICI-E 6, SECTION 611(b)
OF THE COMPREHENSIVE ZONING ORDINANCE
PERTAINING TO ACCESSORY USES AND STRUCTURC@S
IN TIIE A-2 APARTMENT DISTRICT
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That Article 6, Section 611(b), of the C.Z.O. is amended and reordained
as follows:
(b) Accessory uses and structures.
uses and structures permitted in the A-1 Apartment Dist-ict shall be
permitted in the A-2 Apartment District.
Adopted by the Council of the City of Virginia Beach, Virginia, on the 2 8
day of June, 1982.
6 2 8 8 2
- 6 4 -
AN ORDINAP;C7 TO AMENO A@@10 REORDAT@'
ARTICLE 9, SECTION 931(b)
OF THE COMPR@HENSIVE ZONING ORDINANCE
PERTAINING TO ACCESSORY USES AND STRUCTURES
IN THE B-4 D7@SORT COI,';i'@,ER'@IAL DISTRICT
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA SEACH, VIRGINIA:
That Article 9, Section 931(b) of the C.Z.O. is amended and reordained in
part as follows:
(b) Accessory us'es and structures: Uses and structures which are
customarily accessory and clearly incidental and subordinate
to the principal uses and structures, including, but not limited
to:
(1) An accessory activity operated for profit in a residential dwelling
unit where there is no chanqe in the outside appearance of the build-
Tng or premises or any visible or audible evidence detectable fr6m
outside the building lot, either permanently or inter ittently, of
the conduct of such busi.ness except for one non-illuminated identifica-
tion sign not more thati one square foot in area mounted flat against
the residence; where no traffic is Generated, includinq traffic by
commercial delivery vehi cles, by such activity in greater volumes
than would normally be expected in the neighborhood, and any need
for parking generated b,v the conduct of such activity is Plet off the
street and other than in a required front yard; where the activitv
is conducted on the premises which is the bona fide residence of the
principal practitioner, and no person other than members of the
immediate famil@ occupyinq such dwelling unit is employed in the
activity; where such activity is conducted only in the princidal
structure on the lot; where there is no sales to the @n@ral p@iblic
of products or merchandise from the h6me; and where the activity is
.specificall.y designed or conducted to prevent no more than one patron,
customer, or pupil to be present on the 2remises at an.y one time.
The following are specifically prohibited as accessory activities:
convalescent or nursing homes, tourist homes, massage parlors, radio
or television repair shops, auto repair shops, or similar establish-
ments.
Adopted by the Council of the City of Virginia Beach, Virginia, on the 28
day of .1i,ne 1982.
APPIROVSD AS 70 C--HTC@i7
E
2,.t
RE
RN EY
6 2 88 2
- 6 5-
AN ORDINANCE -10 AMEND AND REORDAIM
ARTICLE 9, SECTTON 931(c)
OF THE COMPREHR-NSIVE ZONING ORDINANCE
PERTAININ@ .iI0 USE REL-IUI-ATIONS
.FOR HOME OCCUPATIONS
IN THE B-4 RESORT COILMERCIAL DISTRICT
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That Article 9, Section 931(c)(3), of the C.Z.O. is amended and reordained
in part as follows:
(c) Conditional uses and structures:
(3) Home occupations;
(4) @34 Marinas, including facilities for storage and repair of
boats land sale of boating supplies and fuel.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
28 day of i.ne 1982.
6 2 8 8 2
6 6 -
AN ORDINANCE TO At,!,EtID AND REORDAIL
ARTICLE 1, SECTION ill
OF THE COrlPREHENSIVE ZO@IING ORDIMAICE
PERTAIN,T@IG TO HOP@IE OCR.UPATTONS
I
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEAC@L, VIRGIflIA:
That Article 1, Section 111, Definitions, of the C.Z.O. is amended and
reordained in part. as follows:
Hor.ie Occupation. The conduct of a busi.ness in a residential dwelling
unit where all of the following characteristics are present:
(a) The use of the dwelling unit for the business is clearly
incidental and subordinate to its use for residential
purposes by its occupants.
(b) There is no change in the outside appearance of tlie build-
ing or premises or any visible or audible evidence detectable
from outside the buildin-o lot, either permanently or inter-
mittently, or the conduct of such business except for an
identification sign as regulated by this ordinance.
(c) The home occupation is conducted on the premises which is
tlie bona fide residence of the principal practitioner, and
no more than one person other than a member of the irpriediate
family occupyina such dwelling unit is employed in the
business.
(d) There is no sales to the general public of products or
merchandise from the home.
(e) The use does not qualify as an accessory use as defined
by this ordinance.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
28day of June, 1982.
A"RO
,r,D AS TO CC-n,,-!,:?4T
RE
RNEY
6 2 88 2
6 7 -
AN ORDINANCE TO AMEND AND REORDA TN
ARTICt-E 2, SECTIOT,' 229
OF TIIE COMPRCIIEIISTVL 7C' l@@G ORDIrlAlICE
PERTAINING TO HOILE OCCUPATIONS
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That Article 2, Section 229, Home Occupation, of the C.Z.O. is amended
and reordained as follows:
229. Home Occupation
In districts where they are generally permitted, an occupation
may be conducted in a dwelling unit, provided that:
(a) Not more than twenty percent (20%) of the floor area of
the dwelling unit and accessory structures shall be used
in the conduct of the activity.
(b) No traffic, including traffic by commercial delivery vehicles,
shall be generated by such activity in greater volumes tharl
would nomally be expected in the neighborhood, and any need
for parking generated by the conduct of such activity shall
be met off the street aild other than in a required front
yard.
(c) No more than one identification sign shall be permitted,
which shall not exceed one square foot in area, shall be
non-41luminated, and shall be mounted flat against the
wall of the residence.
(d) No use shall create noise, dust, vibration, smell, smoke,
glare, electrical interference, fire hazard, or any other
hazard or nuisance to any greater or more frequent extent
than would normally be expected in the neighborhood under
nomal circumstances wherein no home occupation exists.
(e) 'The following uses are specifically excluded: convalescent
or nursing homes, tourist homes, massage parlors, radio or
television repair shops, auto repair shops, or similar
establishments.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
28 day of June, 1982. APPRQVED AS TO CONTC-,T-JT
E
"Ni
AN ORDIN@INCE 10 AMEND AelD REORD'hiN
ARTICLE 4, SECTION 401(b)
OF THE CO@IPREHENSIVE ZONI,QG ORDINAIICE
PERTAINING TO ACCEC@CORY LIZFS A,"D S'@UCTURES
IN THE AG-1 AGRICULTURAI- DISTRICT
BE IT ORDAINED BY THE I-IOUNCIL OF 'FHE CITY OF VIRGINIA BEACH, VIRGINIA:
That Article 4, Section 401(b), Accessory uses and structures, of tlie C.Z.O.
is amended and reordained, in part, as follows:
(b) Accessory uses and structures. Uses and structures which are customarily
accessory and clearly incidental and subordinate to principal uses and
structures, including, but not limited to:
(1) In connection with agricultural use, no more than one (1) roadside
stand for sale of agricultural products produced on the premises,
provided that no such stand shall exceed five hundred (500) square
feet in floor area nor be erected within twenty (20) feet o.@ the
property line fronting any street.
(2) An accessory activity operated for profit in a residential dwelling
unit where there is n6.chang in tFe- out-side a'opearance of t e uitd-
ing or premises or any visible or audible evidence detectable r m
outside the building lot, eitlier Dermanently or intei@Ei-ttently, o
the conduct of such bus r one non-illuminated identifica-
tion sign not more than one square ot in area mounted flat against
the residence; where no ng traffic by
commercial delivery veh lumes
ihan-v@uld normally be neighborhood, and any@eecf
or park tlie
street a a required nt yard; whe-re the activity
is conducted on the prem @ich s the na fide residence o The
principal Dractitioner, @-id iio person other than member's of t@.e
imme i@te family OCCUD ng such diqem@unit is employed in the
Yc-flv-iti o ly in t@ie principal
structur,- cn t e lot; w sales to @ e qenera pu ]ic
of produ@ se from tne nome; and v@here@i@e ac ivity is
specific@l y designed or conduct d to PrE,.vent no more trian one 1)atron,
customer, or pupil to be present on the premi'ses at any one time.
The foll- t&T as accessor7-@c-tivi-ties:
convalescen or nursinq homes, massage pariors, radio
or television repair shops, auto repai shops, or similar establish-
Fent-s.
Adopted by the Council of the City of Virginia BeaAPPR@AS@C'4-2-@IT
day of June 1982.
CITY ATTORNE'@
6 2 8 8 2
- 6 9 -
AN ORDINANCE TO AMEND At4D REORDAIN
ARTICLE 5, SECTION 501(b)
OF THE COMPREHENSIVE ZOr4lr@G ORDINA@@CE
PERTAINING TO ACCESSORY USES AND STRUCTURES
IN TH,c R-1 RESIDENTIAL DISTRICT
BE IT ORDAINED BY TIIE COUNCIL OF THE CITY OF VIRGIINIA BEACH, VIRGINIA:
That Article 5, Section 501(lb), Ac,-essory uses and structures, of the C.Z.O.
is amended and reordained in part as follows:
(b) Accessory uses and structures. Uses and structures which are custonlarily
accessory and clearly incidental and subordinate to principal uses and
structures, including but not limited lo:
(1) Detached guest house and servants quarters;
(2) Bees;
(3) Swimming pools, boat houses, piers, e tc.;
(4) In connection with agricultural use, no more than one (1) roadside
stand for sale of agricultural products produced on t'he premises,
provided that no such stand shall exceed five hundred (500) square
feet in floor area nor be erected within twenty (20) feet of the
property line fronting any street.
(5) An accessory activity operated for profit in a residential dtqelling
unit whe e there is no nce of the buiTCT-
ing or premi-ses or any ViSible or audible evidence detectable frorn
outside the buildirig lot, either permanently or intermittently, of
t e cof-duct ot such business except tor one non-illuminated identifica-
tion sigf n-ot more than one quare foot in area mounted flat against
the residence; where no erated, including traffic by
commercial d livery veh activity in greater vo umes
than wou normal y e expected in the neighborhoo , an any nee
for parking generated by the Eonduct of such -o@the
street and other than in a required front yard; where the a tivity
is conducted on the premises which is the bona fide F sidence o t@.e
principal n@d no person other than members o t e
immediatE ing such dwelling unit is empi yed in f-he
activity; where such activity is conducted only in th
structure on the lot; w ere there is no sales to th@general-public
0 pr@ ucts or merchand se frorl the h6i , and where the activity i@
specifically designed or conducted to prevent no more than one patron,
customer, or pupil to be present on the premises at any one time.
6 2 8 8 2
- 70-
0 R D I N A N C E F I R S T R E A D I N G
ITEM II-I.l.a ITEM #18402
Upon motion by Councilwoman Oberndorf, seconded by Vice Mayor Heischober,
City Council voted to uphold the recommendation of the City Manager and
DEFER UNTIL JULY 12, 1982 the Ordinance to appropriate funds of $73,842
for additional positions and related appropriations in the City Attorney's
Of f ice.
Voting: 11-0
Council Members Voting Aye: (for deferral)
John A. Baum, E. T. Buchanan, F. Reid Ervin, Vice
Mayor Harold Heischober'Barbara M. Henley, Clarence
A. Holland, M.D., W. H. Kitchin, III, Reba S. McClanan,
Mayor J. Henry McCoy, Jr., D.D.S., Meyera E. Oberndorf,
and Patrick L. Standing
Council Members Voting Nay.
None
Council Members Absent:
None
7 1 -
C I T Y C 0 D E A M E N D M E N T S
ITEM II-I.2.a ITEM #18403
Upon motion by Councilman Holland, seconded by Councilwoman Oberndorf,
City Council voted to uphold the recommendation of the City Manager and
ADOPT the Ordinance to amend and reordain Section 37-21 of the Code of
the City of Virginia Beach, Virginia, pertaining to water during
emergencies;
AND, authorizes the establishment of a WATER ALLOCATION APPEALS BOARD*
Voting: 11-0
Council Members Voting Aye:
John A. Baum, E. T. Buchanan, F. Reid Ervin, Vice
Mayor Harold Heischober, Barbara M. Henley, Clarence
A. Holland, M.D., W. H. Kitchin, III, Reba S. McClanan,
Mayor J. Henry McCoy, Jr., D.D.S., Meyera E. Oberndorf,
and Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
None
*The establishment of this Board is at such time the City has to go to
Phase 11 of mandatory water conservation controls.
7
AN ORDINANCE TO AMEND AND REORDAIN
SECTION 37-21 OF THE CODE OF THE
CITY OF VIRGINIA BEACH, VIRGINIA,
PERTAINING TO WATER DURING EMERGENCIES.
BE IT ORDAINED BY THE COLJNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That Section 37-21 of the Code of the City of Virqinia
Beach, virginia, is hereby amended and reordained to read as
follows:
Section 37-21. Conservation of water during emergencies.
(a) Should the city council, at any time, declare
there to be an emergency existing in the city arising, either
wholly or substantially, out of a shortage of water supply, the
city manager or the director of public utiliti.es is hereby
authorized to order the restriction or prohibition of any or all
of the following uses of the water supply:
(1) Watering of shrubbery, trees, lawns, grassi
plants or other vegetation, except from a watering can or other
container not exceeding thr@e (3) gallons in capacity.
(2) Washing of automobiles, trucks, trailers or
any other type of mobile equipment, excepting except in
facilities operatinq with a water recycling system approved by
the city, or except from a bucket or other container not
exceeding three (3) qallons in capacity; provided, further, that
any facility operating with an approved water recycling system
must proininently display, in public view, a sign statinq that
such a recycling system is in operation.
(3) Washing of sidewalks, streets, driveways,
parking areas, service station aprons, exteriors of homes,
apartments, commercial or industrial buildings or any other
outdoor surface, except from a bucket or other container not
exceeding three (3) oallons in capacity.
(4) The operation of any ornamental fountain or
other structure making a similar use of water.
- /.J-
(5) The filling of swimming or wading pools or
the refilling of swimming or wading pools which were drained
after the effective date of the order.
(6) The use of water from fire hydrants for any
purpose other than necessary governmental operations.
(7) The serving of drinking water in
restaurants, cafeterias or any other establishment, unless
requested to do so by the individual being served.
The above restric-lions, or any of them, shall become
effective upon their being printed in any newspaper of general
circulation in the city, or broadcast upon any radio or
television station serving the city.
(b) Should the implementation of all of the measures
provided for in subsection (a) above fail to preserve sufficient
supplies of water for the citizens of the city, the city manager
and/or director of public utilities are hereby authorized, in
addition, to order the imposition of specific allotments of water
supply to each customer, both residential and commercial, and to
provide for a surcharge of up to twenty dollars ($20.00) per one
thousand (1,000) gallons of water consumed in excess of such
allocation. Such allotment and surcharge shall be stibject to
ratification, within ten (10) days, by the city council and shall
remain in effect until removed by like councilmanic action.
(1) Upon implementation of (b) above, tlie city
manager will appoint an allocation appeals board consisting of
three representatives (one from the city manager's office, one
from the health department, and one from the finance
department). The city attorney or his designee shall serve as
legal counsel to the board.
(2) The allocation appeals board will be
empowered to review customer allocations on a case-by-case basis
and, if warranted, to make equitable adjustments to such
allocations.
(c) Should all of the ineasures taken pursuant to
subsections (a) and (b) of this section prove prev@ele
insufficient to preserve sufficient supplies of water for the
-2-
14
citizens of the city, the c;-ty manager or the director of public
utilities is hereby further authorized to restrict or discontinue
the supply of water to any industrial or commerical activity
which uses water beyond the sanitary and drinking needs of its
employees and invitees.
(d) Any person violating any provision of this section
or any order of the city manager or director of public utilities
issued pursuant to the authority granted hereunder shall be
guilty of a Class 3 misde@eanor. In addition, the city manager
or director of public utilities is hereby au@horized to tertninate
the water service, for the duration of the emergency, to any
person convicted of such violation.
(e) Nothing in this section shall be construed to
prohibit the city manager or the director of public utilities
from rescinding any orders issued hereunder when tbe conditions
creatinq the need for such orders have abated.
Adopted by the Council of the City of Virginia Beach,
Virginia, on June 28, ]@982
RHM/CJ/da
4/7/82
4/12/82
5/4/82
5/26/82
6/8/82
(C.1)
APPROVED AS TO CONTENT
SIGNATURE
-3-
- 7 5 -
ITEM II-I.2.b ITEM #18404
Upon motion by Councilwoman Oberndorf, seconded by Councilman Buchanan,
City Council voted to uphold the recommendation of the City Manager and
ADOPT the Ordinance to amend and reordain Article I, Chapter 27,
Section 27-3(b) of the Code of the City of Virginia Beach pertaining to
permit and processing fees.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, E. T. Buchanan, F. Reid Ervin, Vice
Mayor Harold Heischober, Barbara M. Henley, Clarence
A. Holland, M.D., W. H. Kitchin, III, Reba S. McClanan,
Mayor J. Henry McCoy, Jr., D.D.S., Meyera E. Oberndorf,
and Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
None
7 6 -
Requested by: City Manager
AN ORDINANCE TO AMEND AND REORDAIN
ARTICLE I, CHAPTER 27, SECTION 27-3(b)
OF q'HE CODE OF THE CITY OF VIRGINIA
BEACH PERTAINING TO PERMIT AND
PROCESSING FEES
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
That Section 27-3(b) of the Code of the City of Virginia Beach
is hereby amended and reordained to read as @r-ollows:
Section 27-3. Authority of department to furnish copies of
records, perform certain services, etc., and fees
therefor.
(b) For the services mentioned in subsection (a) above, and for
the processing of applications for permits required by law
the followinq fees shall be charged:
(1) Photostatic copy of accident report ........... $ 5.00
(2) Photostatic copy of offense report ............ 5.00
(3) Record check by name (local record only) ...... 5.00
(4) Record check and report by name (local) ....... 5.00
(5) Fingerprinting of individuals on request ...... 5.00
(6) Pulling offense report to revi.ew only ........ 5.00
(7) Photographs (8xlO) of motor vehicle
accidents, only after criminal
charges have been disposed of by the
court--each print ............................. 5.00
(8) Process bingo/raffle permit application ....... 25.00
(9) Dance hall permit application ................. 50.00
(10) Block party permit application ................ 10.00
(11) Turkey shoot permit application ............... 25.00
(12) Outdoor entertainment permit application ...... 50.00
(13) Parade walk-a-thon permit application ......... 25.00
(14) Circus permit appl4.cation ..................... 50.00
(15) Certificate for Public Convenience and
Necessity ..................................... 50.00
(16) Precious metals permit ........................ 25.00
(17) Veridor Permit ........................... ..... 25.00
(18) Concealed Weapon Permit ..... ................. 20.00
(19) Weapon's Purchase Permit ...................... 5.00
Adopted by the Council of the City of Virginia Beach,
Virginia, on the 28 day of June 19 82.
MES/re
6/2/82
6/10/82
(A.1)
APPROVED AS To
DEPARTMENT
-2-
- 7 8-
ITEM II-I.3.a ITEM #18405
THIS ITEM AND ITEMS #18406 and #18407 WERE VOTED ON AS ONE
The following spoke in opposition;
Bruce MacCall, resident of Thornberry Lane
Ray LeSesne, not opposed to purchase but is
opposed to the "high cost"
Upon motion by Councilman Buchanan, seconded by Vice Mayor Heischober,
City Council voted to uphold the recommendation of the City Manager and
APPROVE ON FIRST READING the Ordinance authorizing the issuance of
Water and Sewer Revenue Notes of the City of Virginia Beach, Virginia,
in an amount not to exceed $2,200,000.
Voting: 7-4
Council Members Voting Aye:
John A. Baum, E. T. Buchanan, F. Reid Ervin, Vice
Mayor Harold Heischober, Clarence A. Holland, M.D.
Mayor J. Henry McCoy, Jr., D.D.S., and Patrick L.
Standing
Council Members Voting Nay:
Barbara M. Henley, W. H. Kitchin, 111, Reba S.
McClanan, and Meyera E. Oberndorf
Council Members Absent:
None
7 9 -
AN ORDINANCE AUTHORIZING THE ISSUANCE OF
WATER AND SEWER REVENUE NOTES OF THE CITY OF
VIRGINIA BEACH, VIRGINIA, IN AN AMOUNT NOT TO
EXCEED $2,200,000
WHEREAS, as a part of a program for acquiring water and
sewer facilities located within the boundaries of the City of
Virginia Beach, Virginia (the City), the City Council has de-
termined that it is desirable to acquire the sewer system of
County Utilities Corporation (the Corporation); and
WHEREAS, the City proposes to acquire such sewer system
by the purchase of the stock of the Corporation and following
such acquisition to dissolve the Corporation and to integrate
its sewer system into the City's water and sewer system; and
WHEREAS, the City Council has authorized the execution
of a contract with the owners of all the stock of the
Corporation for the purchase of such stock (the Stock Purchase
Contract); and
WHEREAS, the City proposes to pay for the acquisition
of such stock through the issuance of its obligations in the
principal amount not to exceed $2,200,000 as contemplated by
the Stock Purchase Contract;
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
1. It is hereby determined to be necessary and expedi-
ent for the City to acquire the sewer system of the Corporation
through the purchase of all the stock of the Corporation and to
finance, in part, such acquisition through the issuance of
water and sewer revenue notes of the City in an amount not to
exceed $2,200,000.
80-
2. Pursuant to the authority of the City Charter and
the Public Finance Act, as amianded, there are hereby authorized
to be issued water and sewer revenue notes of the City in an
amount not to exceed $2,200,000 to provide funds, together with
other available funds, to adquire the sewer system operated by
the Corporation through the purchase of all the stock of the
Corporation.
3. The form and details of the notes shall be speci-
fied in an appropriate resolution or resolutions to be adopted
hereafter which shall be consistent with the terms of the Stock
Purchase Contract.
4. The notes shall be limited obligations of the City
payable solely from the revenues to be derived from its water
and sewer system. The notes shall state that they shall not be
deemed to create or constitute an indebtedness of or a pledge
of the faith and credit of the Commonwealth of Virginia or any
county, city, town or other political subdivision of the
Commonwealth, including the City. The issuance of the notes
and the undertaking of the covenants, conditions and agreements
to be contained in the resolution or resolutions to be adopted
hereafter shall not directly, indirectly or contingently obli-
gate the City, the Commonwealth or any other politiqal subdivi-
sion of the Commonwealth to levy and collect any taxes whatso-
ever or make any appropriation therefor, except from the reve-
nues of the water and sewer system pledged to payment of prin-
cipal of and interest on the notes.
5. The resolution to be adopted hereafter authorizing
the issuance of the notes and providing the details thereof
shall contain appropriate covenants requiring the City to fix,
-2-
charge and collect such rates, fees and other charges for the
use of and for the services furnished by its water and sewer
system and to revise the same from time to time and as often as
shall be necessary sd as to produce sufficient net revenues to
pay principal of and interest on the notes as the same become
due and to provide a margin of safety therefor. Such resolu-
tion shall also include such additional covenants, agreements
and other terms as are customary for the protection of the
holders of water and sewer revenue obligations.
6. This ordinance shall take effect immediately.
Approved June _, 1982
By
Mayor
First Reading: June 28, 1982
Second Reading:
-3-
- 8 2-
ITEM II-I.3.b ITEM #18406
The following spoke in opposition:
Bruce MacCall, resident of Thornberry Lane
Ray LeSesne, not opposed to purchase but is
opposed to the "high cost"
Upon motion by Councilman Buchanan, seconded by Vice Mayor Heischober,
City Council voted to uphold the recommendation of the City Manager and
APPROVE ON FIRST READING the Ordinance authorizing the issuance of
Water and Sewer Revenue Notes of the City of Virginia Beach, Virginia,
in an amount not to exceed $1,800,000.
Voting: 7-4
Council Members Voting Aye:
John A. Baum, E. T. Buchanan, F. Reid Ervin, Vice
Mayor Harold Heischober, Clarence A. Holland, M.D.,
Mayor J. Henry McCoy, Jr., D.D.S., and Patrick L.
Standing
Council Members Voting Nay:
Barbara M. Henley, W. H. Kitchin, III, Reba S.
McClanan, and Meyera E. Oberndorf
Council Members Absent:
None
8 3-
AN ORDINANCE AUTHORIZING THE ISSUANCE OF
WATER AND SEWER REVENUE NOTES OF THE CITY OF
VIRGINIA BEACH, VIRGINIA, IN AN AMOUNT NOT TO
EXCEED $1,600,000
WHEREAS, as a part of a program for acquiring water and
sewer facilities located within the boundaries of the city of
Virginia Beach, Virginia (the City), the City Council has de-
termined that it is desirable to acquire the sewer system of
Kempsville Utilities Corporation (the Corporation); and
WHEREAS, the City proposes to acquire such sewer system
by the purchase of the stock of the Corporation and following
such acquisition to dissolve the Corporation and to integrate
its sewer system into the City's water and sewer system; and
WHEREAS, the City Council has authorized the execution
of a contract with the owners of all the stock of the
Corporation for the purchase of such stock (the Stock Purchase
Contract); and
WHEREAS, the City proposes to pay for the acquisition
of such stock through the issuance of its obligations in the
principal amount not to exceed $1,800,000 as contemplated by
the Stock Purchase Contract;
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
1. It is hereby determined to be necessary and expedi-
ent for the City to acquire the sewer system of the Corporation
through the purchase of all the stock of the Corporation and to
finance, in part, such accluisition through the issuance of
water and sewer revenue notes of the City in an amount not to
exceed $1,800,000.
84-
2. Pursuant to the authority of the City Charter and
the Public Finance Act, as amended, there are hereby authorized
to be issued water and sewer revenue notes of the City in an
amount not to exceed $1,800,000 to provide funds, together with
other available funds, to acquire the sewer system operated by
the Corporation through the purchase of all the stock of the
Corporation.
3. The form and details of the notes will be specified
in an appropriate resolution or resolutions to be adopted here-
after which shall be consistent with the terms of the Stock
Purchase Contract.
4. The notes shall be limited obligations of the City
payable solely from the revenues to be derived from its water
and sewer system. The notes shall state that they shall not be
deemed to create or constitute an indebtedness of or a pledge
of the faith and credit of the Commonwealth of Virginia or any
county, city, town or other political subdivision of the
Commonwealth, including the City. The issuance of the notes
and the undertaking of the covenants, conditions and agreements
to be contained in the resolution or resolutions to be adopted
hereafter shall not directly, indirectly or contingently obli-
gate the City, the Commonwealth or any other political subdivi-
sion of the Commonwealth to levy and collect any taxes whatso-
ever or make any appropriation therefor, except from the reve-
nues of the water and sewer system pledged to payment of prin-
cipal of and interest on the notes.
5. The resolution to be adopted hereafter authorizing
the issuance of the notes and providing the details thereof
shall contain appropriate covenants requiring the City to fix,
-2-
8 5 -
charge and collect such rates, fees and other charges for the
use of and for the services furnished by its water and sewer
system and to revise the same from time to time and as often as
shall be necessary so as to produce sufficient net revenues to
pay principal of and interest on the notes as the same become
due and to provide a margin of safety therefor. Such resolu-
tion shall also include such additional covenants, agreements
and other terms as are customary for the protection of the
holders of water and sewer revenue obligations.
6. This ordinance shall take effect immediately.
Approved June _, 1982
By
Mayor
First Reading: June 28, 1982
Second Reading:
-3-
- 8 6-
ITEM II-I.3.c ITEM #18407
The following spoke in opposition:
Bruce MacCall, resident of Thornberry Lane
Ray LeSesne, not opposed to purchase but is
opposed to the "high cost"
Upon motion by Councilman Buchanan, seconded by Vice Mayor Heischober,
City Council voted to uphold the recommendation of the City Manager and
ADOPT the Resolution authorizing the execution of contracts to purchase
the stock of County Utilities and Kempsville Utilities.
Voting: 7 - 4
Council Members Voting Aye:
John A. Baum, E. T. Buchanan, F. Reid Ervin, Vice
Mayor Harold Heischober, Clarence A. Holland, M.D.,
Mayor J. Henry McCoy, Jr., D.D.S., and Patrick L.
Standing
Council Members Voting Nay:
Barbara M. Henley, W. H. Kitchin, III, Reba S.
McClanan, and Meyera E. Oberndorf
Council Members Absent:
None
8 7 -
At a regular meeting of the Council of the City of Virginia
Beach, Virginia, held on the 28 day of June, 1982, at which
the following members were present and absent:
PRESENT:
Councilman John A. Baum
Councilman E. T. Buchanan
Councilman F. Reid Ervin
Vice Mayor Harold Heischober
Councilwoman Barbara M. Henley
Councilman Clarence A. Holland, M.D.
Councilman W. H. Kitchin, III
Councilwoman Reba S. McClanan
Mayor J. Henry McCoy, Jr., D.D.S.
Councilwoman Meyera E. Oberndorf
Councilman Patrick L. Standing
ABSE14T:
None
the following resolution was adopted by the following vote as
recorded in the minutes of the meeting:
MEMBER VOTE
Councilman John A. Baum Aye Councilman Patrick L. Standing
Councilman E. T. Buchanan Aye Aye
Councilman F. Reid Ervin Aye
Vice Mayor Harold Heischober Aye
Councilwoman Barbara M. Henley Nay
Councilman Clarence A. Holland, M.D.Aye
Councilman W. H. Kitchin, III Nay
Councilwoman Reba S. McClanan Nay
Mayor J. Henry McCoy, Jr., D.D.S. Aye
Councilwoman Mevera E. Oberndorf Nav
A RESOLUTION AUTHORIZING THE
EXECUTION OF CONTRACTS TO PURCHASE
THE STOCK OF COUNTY UTILITIES CORPORATION
AND KEMPSVILLE UTILITIES CORPORATION
WHEREAS, the Council of the City of Virginia Beach, Vir-
ginia (the City), considers it desirable to continue its program
of acquiring water and sewer facilities located within the bounda-
ries of the City and to integrate them into the City's comprehensive
water and sewer system; and
WHEREAS, it appears the most practical way for the City
to acquire sewer systems operated by County Utilities Corpora-
tion (County Utilities) and Kempsville Utilities Corporation
(Kempsville Utilities) (collectively, the Corporations) is to
purchase all the stock of the Corporations and then to dissolve
the Corporations and to integrate their sewer systems into the
City's water and sewer system; and
8 8-
2
WHEREAS, there have been presented to the City Council the
forms of (1) a contract between the owners of all the stock of
County Utilities (the County Utilities Stockholders) and the
City, and (2) a contract between the owners of all of the stock
of Kempsville Utilities (the Kempsville Utilities Stockholders)
and the City, which contracts the City proposes to execute to
carry out the transactions described above;
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA:
1. The execution of a contract with the County Utilities
Stockholders for the purchase of all the stock of County Utili-
ties at a price of $2,250,000, subject to adjustment as provided
in the contract, is hereby approved. The City Manager and the
City Clerk are authorized and directed to execute and deliver a
contract on behalf of the City for that purpose.
2. The execution of a contract with the Kempsville Utilities
Stockholders for the purchase of all the stock of Kempsville
Utilities at a price of $2,050,000, subject to adjustment as pro-
vided in the contract, is hereby approved. The City Manager
and the City Clerk are authorized and directed to execute and
deliver a contract on behalf of the City for that purpose.
3. The contracts shall be in substantially the fo=s sub-
mitted to this meeting which are hereby approved, with such com-
pletions, omissions, insertions and changes as may be approved
by the City Manager and the City Attorney, execution by the City
Mdnager to constitute conclusive evidence of his approval of any
such omissions, insertions and changes.
4. The appropriate officers of the City are hereby authorized
and directed to execute and deliver all certificates and instru-
ments and to take all such further action as they may consider
necessary or desirable in connection with the purchase of the
.stock of the Corporations.
8 9- 3
5. All other acts of the officers of the City which are
in conformity with the purposes and intent of this resolution
and in furtherance of the purchase of the stock of the Corpora-
tions are hereby approved and confirmed.
The undersigned Clerk of the City of Virginia Beach, Vir-
ginia, hereby certifies that the foregoing constitutes a true
and correct extract from the minutes of a regular meeting of the
Council of the City of Virginia Beach on the 28 day of June,
1982, and of the whole thereof so far as applicable to the matters
referred to in such extract.
WITNESS my signature and the seal of the City of Virginia
Beach, Virginia, this @,p@ day of June, 1982.
Clerk, City ot Virginia Beac
Virginia
(SEAL)
- 9 0 -
A P P 0 I N T M E N T S
ITEM II-J.1 ITEM #18408
Upon nomination by Councilman Holland, City Council voted to REAPPOINT
Councilwoman Meyera E. Oberndorf and Councilman John A. Baum, to the
SOUTHEASTERN VIRGINIA PLANNING DISTRICT COMMISSION, each for a three
(3) year term, beginning July 1, 1982 and ending June 30, 1985.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, E. T. Buchanan, F. Reid Ervin, Vice
Mayor Harold Heischober, Barbara M. Henley, Clarence
A. Holland, M.D., W. H. Kitchin, III, Reba S. McClanan,
Mayor J. Henry McCoy, Jr., D.D.S.,* Meyera E. olberndorf,
and Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
None
*MAYOR McCOY VOICED A VERBAL "AYE"
9 1-
S P E C I A L M E E T I N C
ITEM II-J.2 ITEM #18409
Upon motion by Councilman Buchanan, seconded by Councilman Holland,
City Council voted to hold a SPECIAL MEETING on Tuesday, 29 June
1982 for the purpose of ADOPTING ON SECOND READING the Ordinances
and Resolutions required for the purchase of Kempsville/County
Utilities.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, E. T. Buchanan,* F. Reid Ervin, Vice
Mayor Harold Heischober, Barbara M. Henley, Clarence
A. Holland, M.D., W. H. Kitchin, III, Reba S. McClanan,
Mayor J. Henry McCoy, Jr., D.D.S., Meyera E. Oberndorf,
and Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
None
*COUNCILMAN BUCHANAN VOTCED A VERBAL "AYE"
-92-
N E W B U S I N E S S
TUM II-L.1 IUM #18410
The City Clerk advised that a request has been made for the RECONSID @ TION of the
applications of DEAN S. PONER, GORDON B. P=R, AND JOHN RAY POTRER for changes
of zoning from R-4 Residential District to A-2 Apartment District and R-5 Residential
District to A-2 Apartment District.
Attorney Grover C. Wright, Jr., represented the applicants, and advised a reconsidera-
tion may not be necessary as a surveying error was made at the time the application
was filed. There is an error of approximately 21/2-acres. However, more acreage was
advertised than was involved rather than a smaller amount being involved. There
was an agreement by the developer to reserve a buffer strip, which the applicant has
complied with and amounts to approximately 71/2-acres which remained R-5 Residential
District.
Attorney Wright advised "the bottom-line restriction was that on all the property
involved in the applications, the applicant was restricted to 373 units. After
the 71/2-acres is removed, the applicant cannot construct 373 units due to dedications
to the City and construction of a pump station. The applicant will be constructing
approximately 340 units."
The City Attorney advised "the whole crux of the problem is in the second paragraph
IT'his the agreement to litnit the number to 373 is no concession'."
The City Attorney advised a Resolution will be drafted "setting forth what happened
and have Council act upon the Resolution to correct the Ordinance this was approved
under". The Resolution will be brought to Council on August 9, 1982, for their
consideration.
ITfl4 11-L.2 ITIM #18411
Councilman Buchanan made reference to a letter received from Mr. O'Brien requesting
deferral of his application from July 12, 1982, until August 2, 1982.
The application of G. H. F. Properties, Inc., was advertised for July 12, 1982,
and must be heard by City Council on that date.
The City Clerk advised of a letter from Mr. Barrow requesting the application NOT
be deferred.
- 9 3-
A D J 0 U R N M E N T
ITEM II-M.1 ITEM #18411
Upon motion by Councilman Ervin, City Council adjourned at 9:47 p.m.
Diane M. Hickman, Deputy City Cl r@k
Ruth Hodges Sm'lth, CMC, City Clerk Mayor J. Henry McCoy, Jr., D.D.S.
City of Virginia Beach,
Virginia
28 June 1982
dmh/asd