HomeMy WebLinkAboutNOVEMBER 15, 1982 MINUTES
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"WORLD'S LARGEST RESORT CITY"
CITY COUNCIL
MAYOR LOUIS R. ]OVES, B.y@id@ B@,..Rb
VICE-MAYOR BARBARA M. HENLEY, P.@g. Bo,..Sb
1011,V A. BAUM, B.-.gb
NANCY A. CREECH. A, L.,g@
HAROLD IIEISCI[OBER, Al L.,"
H. JACK JENNINGS, JR., B.,..gb
ROBERT G. ]ONES, At L.,g.
W. 11, KITCIIIN. Ill, Vigi.i. B@.@b
REBA S. M,CLANAll. P,i@,,@, A@@@ B.... gb 212 CITY HALL BUTLDING
1. [IENRY @1,COY, JR., K-p,.ill. B.... gb MUNICIPAL CENTER
MEYERA E. Of3ERNDORP, Al L.,g@ VIRGINIA BEACH, VIRGIVIA 23456
RUTti HODGES SMITII, CMC, Cily Cl@,k (804) 427-4 30 3
CITY COUNCIL AGENDA
November 15, 1982
ITEM I INFORMAL SESSION: 12:30 p.m.
A. CALL TO ORDER - Mayor Louis R. Jones
B. ROLL CALL OF COUNCIL
C. MOTION TO RECESS INTO INFOPMAL/EXECUTIVE SESSION
D. PRESENTATION/DISCUSSION OF PERTINENT MATTERS
1. Matters for discussion by Mayor.
2. Matters for discussion by Council.
E. CITY MANAGER'S ADMINISTRATIVE ITMIS:
1. 198,3 Legislative Package: Discussion.
2. Proposed Rate Increases for the Dome and Pavilion: Discussion
3. Request of City Attorney's Office for Simultaneous Advertising
of Amendment to Section 711 (b) (3) of the Comprehensive
Zoning Ordinance.
4. Review of Consent Agenda.
lTDI II FORMAL SESSION: 2:00 p.m.
A. INVOCATION: Reverend Jean T. Rutherford
Beachgrove Bethel United Methodist Church
B. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA.
C. ELECTRONIC ROLL CALL OF COUNCIL
D. MINUTES OF PREVIOUS MEETING:
1. Motion to accept/approve the Minutes of November 8, 1982.
E. PRESENTATION
1. Mr. E. W. Timmons, Member-Transportation Safety Co=ission
from 1968 to 1982.
F. PUBLIC HEARING
1. Ordinance to amend and extend the Franchise of Resort
Satellite Communications, Inc. (Published in accordance
with the Code Section 15.1 - 308 in the Virginia Beach
Sun News October 20/27/ November 3/10, 1982 and THE
BEACON October 31/ November 7, 1982.
G. 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 will be no
separate discussion of these items. If discussion is desired,
that item will be removed from the Consent Agenda and considered
separately.
1. Resolution of Appreciation to E. W. Timmons who has served
as a Member of the Transportation Safety Commission from
1968 to 1982.
2. Resolution endorsing the City of Virginia Beach 1983
Legislative Proposals. ( This was deferred for one week
from the City Council Meeting of November 8, 1982)
3. Appointment of Randall M. Blow as Assistant City Attorney.
Request of the City Attorney pursuant to Section 2-166 of
the City Code.
4. Ordinance, on SECOND READING, to accept and appropriate $13,950
funds from the Southeastern Virginia Areawide Model Program
(SEVAMP).
5. Ordinance to Amend Rates to be charged for the Use of the
Services and Facilities of The Pavilion effective July 1,
1982;
AND,
Ordinance to Amend Rates to be charged for the Use of the
Services and Facilities of The Civic Center/Dome.
ITEM II H. PLANNING ITEMS.
1. Application of Guillermo E. and Blandine M. Espejo for
a Change of Zoning from R-8 Residential District to A-1
Apartment I)istric@ on a 6.377-acre parcel located along
the west side of Baxter Road, north of Ewell Road (Kempsville
Borough). (This item was deferred on 10/18/82 for two weeks,
and an additional two weeks on November 1, 1982.)
a. Letter from the City Manager transmits
the recominendation of the Planning Commission
for approval.
2. Application of Christopher Development Company for a
Change of Zoning from B-2 Communitv-Business District to
A-2 Apartment District on a 10.22-acre parcel located along
the south side of Baxter Road, west of Independence Boulevard
(Kempsville Borough).
a. Letter from the City Manager transmits
the reconnendation of the Planning Commission
for denial.
3. Application of Keith G. and Joann Shiffer for a Change of
Zoning from R-8 Residential District to B-2 Community-Business
District on a 40,946-square foot parcel located along the west
side of Kempsville Road, south of Indian River Road (Kempsville
Borough).
a. Letter from the City Manager transmits
the reco=endation of the Planning Commission
for denial.
4. Application of Walter F. Sullivan, Bishop of Richmond, and
his agent, Reverend Joseph L. Clark, Pastor of St. Mark's
Catholic Church, for a conditional use permit for a church
on a 6.58-acre parcel located along the west side of Kempsville
Road, south of Indian River Road (Kempsville Borough).
a. Letter from the City Manager transmits
the recommendation of the Planning Commission
for roval.
5. Application of Urban-Lite, Inc. for a conditional use permit
for three 14' x 48' billboards on a 3.766-acre parcel located
on three different sites along Virginia Beach Boulevard,
between Patton Lane and Lynn Shores Drive (Kempsville Borough).
a. Letter from the City Manager transmits
the recommendation of the Planning Commission
for approval.
6. Application of Red Roof Inns, Inc. for a conditional use permit
for a 109-unit motel on a 2.4-acre parcel located east of the
Newtown Road/Greenwich Road intersection (Bayside Borough).
a. Letter from the City Manager transmits
the recommendation of the Planning Commission
for approval.
7. Application of R. Wayne and Ruth Anne Rusbuldt for a conditional
use permit for a communications tower on a 4.47-acre parcel
located along the west side of Rusbuldt Lane, southwest of
Salem Road (Princess Anne Borough).
a. Letter from the City Manager transmits
the recommendation of the Planning Commission
for oval.
ITEM II I. ORDINANCES
1. Ordinance to Amend and Reordain Section 6-3 of
the Code of the City of Virginia Beach pertaining
to playing ball, using frisbees, etc., on beach.
2. Ordinance to Amend and Reordain Section 6-6 of the
Code of the City of Virginia Beach pertaining to
taking food or drink on beach or adjacent streets.
3. Ordinance to Amend and Reordain Section 12-5 of
the Code of the City of Virginia Beach pertaining to
fires on Beaches.
4. Ordinance to Amend and Reordain Article III, Section
36-57 of the Code of the City of Virginia Beach by
adding Subsection (3) thereto pertaining to Parking or
Stopping of Charter Buses.
J. APPOINTMENTS
1. Incinerator Site Development Committee.
K. UNFINISHED BUSINESS
1. Virginia Beach Maritime Historical Museum - request for
funds.
L. NEW BUSINESS
M. ADJOURNMENT
1. Motion to adjourn.
14 VirginiaBeach.Sun.October2O,l982
@,Public.Hearl n
g
On Monday, Novcmbcr 15, 1982, at 2:00 p.m., in the
Council Chambers of the City of Virginia Beach, the @cmt@@,on &@i't,wi Bond 'Net
Fe centagc Cost (000) Reduction Bond
City Council wfll hold a PUBLIC HEARING: 250 20,000 @ 80,000
PUBLICNOTICE Step I @25
Step 2 50 500 20,000 60,000
,i OF f
AN ORDINANCE TO AMEND AND EXTEND Step 3 75, 750 20,000 40,OOD
Step 4 100 1,000 20,000 20,000
THE FRANCHISE OF
RESORT SATELLITE COMMUNICATIONS, INC.
I i ction as required by the
Upon completion of constru
An amendment to and extension of the franchise of franchise, the Grantee shar maijitain an operating per-
Resort Satellite Conimunications, Inc., is hereby formance bond in the amount of $20,000 for the
proposed to bc granted. Said franchise was awarded by duration of the franchise. Apphcation for bond reduc-
the Cotincil of the City of Virginia Beach, V r tion may' be inade to the City Manager's office.
, i ginia, on
March 2, 1981. The franchise granted Resort Satellite Documentation of capital investment must accompany,
Communications,' Inc., under certain terms and con- this request. Such documentation may be reviewed in
accord with section 9, paragraph C, and section 11,
ditions, the right and privilege to construct, 0
. perate,
and maintain a cable television system within a certain paragraph B.-'
portion of the Beach Borough of the City of Virginia B. Within'thirty day@s after notice t6 it that any
Beach,Virginia.; amouxit hiis been withdrawn from the security fund
The following ainendment to the franchise of Resorti depcksited pursuant to paragraph A of this Section, the
SateHite Communications, Inc., has been proposed: Grantee shau pay to or deposit with the City Treasurer a
1. The franchise shall be in accordance with the i sum of money sufricicnt to restore such security fund to
CA,TV Ordinance which was adopted by the Council of the original amount of $2,000. I j.
the City of Virginia Beach, Virginia, on March 17, 1975 2. Notwithstanding paragraph 9A, the Grantee shall
computc the franchise fee on gross revenues, and with
with the following exceptions. the understanding that any increitse in the franchise fee
a. Subparagraph 6C, describing the initial service
area, s,hall be limited to the Borough of Virginia Bea@h would be considered as in added expense and,
(Beach Borough) as'it existed on September 1, 1982-, and therefore, would be passed onto the consumer, either as
along 19th Street, outside of said Beach Borou to itsi an add-on to the bW oi as a part of the rate base. Fur-
thermore, the Grantee agrees that it will support an ap-
intersection with Birdneck Road.
b. Subpara @graph 6E shau b.e deleted. plication @ to thi FCC when azid if City Council, after
c. Paragraph 13 of the CATV Ordinance shall be ar)- further study and deuberation on its issue, deddes to
request an incrcased franchise fee of either four or rive
plicable to this franchise but iub@aragraphs 13A'@d
13B shau be amended to read as fohows: - @ 4. 1 . I I . percel)t.
13. Security Fund 3. Thi fiftion-year @n*od of duration for the fran-
chise shall bc deemed to run from date of adoption of
A. Within @y days Oter the accepiance f this ,
franchIise, the Grantee shau deposit with t] City this ordinance of amendment and extension.
Treasurer "d m'aintain on deposit through the term of Bids for'such franchise, as amended above, shall be
its franchise the sum of $2,000 in @h and in addition submitted in writing to the Ofrice of the City Manager,
Municipal Center, 1 Virginia Beach, Virginia, on or
shall @qst a cbnst@ctiori performance bo@d in favor bf
of $100,000. before November 15, 1982, at 2:00 p.m. In accordance 4
the faithful with State statute, the City of Virginia Beach reserves
the right to r 'ect ani and all bids for such franchise or
ns of Ci
C61 on the ianendment thereof.
I ,, Ruth Hodgei Sniith,' City Clerk
@rs,permits,
; 41 City of Virginia Beach, Virginia
junsdic-
e,and 169-24TIl/IGVB
t the Grintee of any ;Iaims, -Hens, and
t anse by reasonof the ol)eration
c system.:The const@cii;ofi per-
formince bon s as security'for the faithful
pcrforman@e by the Grantee of aU provisions of this or-
dinance pertaining to the construction of the system and
shall be in such form and with such surety as approved
by @he 'Pity Aitorney. The construction performance
bond shall be redu6ed in pro rata in@ements b"ed upon
capital inve@tinent.
The reduction,and i@ompailying capital *tnvestments
are ai follows@
M I N U T E S
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
15 November 1982
The Regular Meeting of the Council of the City of Virginia Beach,
Virginia, was called to order by Mayor Louis R. Jones, in the
Conference Room, City Hall Building, on Monday, November 15, 1982,
at Twelve-Thirty in the afternoon.
Council Members Present:
John A. Baum, Nancy A. Creech, Harold Heischober,
Vice Mayor Barbara M. Henley, H. Jack Jennings,
Jr., Mayor Louis R. Jones, Robert G. Jones, W. H.
Kitchin, III, Reba S. McClanan, and Meyera E.
Oberndorf
Council Members Absent:
J. Henry McCoy, Jr., D.D.S.
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ITEM #19060
Mayor Jones entertained a motion to permit Council to conduct its
INFORMAL SESSION to be followed by an EXECUTIVE SESSION pursuant
to the exemptions from opening meetings allowed by Section 2.1-344
Code of Virginia, as amended, for the following purposes;
1. PERSONNEL MATTERS: Discussion or consideration of
employment, assigriment, appointment, promotion, per-
formance, 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 institution.
3. PUBLIC FUNDS INVESTMENT: The investing of public funds
where competition or bargaining is involved, where if
made public initially the financial interest of the
governmental unit would be adversely affected.
4. 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.
Upoh motion by Councilman Heischober, seconded by Councilman Jones,
City Council voted to proceed into the EXECUTIVE SESSION following
the INFORMAL SESSION.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober,
Vice Mayor Barbara M. Henley, H. Jack Jennings,
Jr., Mayor Louis R. Jones, Robert G. Jones, W. H.
Kitchin, III, Reba S. McClanan, and Meyera E.
Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
J. Henry McCoy, Jr., D.D.S.
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M A T T E R S B Y T H E M A Y 0 R
SOUTHERN INDUSTRIAL DEVELOPMENT COUNCIL ITEM #19061
Mayor Jones announced that A. James DeBellis, Director of the
Department of Economic Development, was elected President of
the Southern Industrial Development Council during its annual
Conference in Virginia Beach the weekend of November 5, 1982.
WATER ALTERNATIVE ITEM #19062
Mayor Jones requested the City Manager make a presentation to Council
during the FORMAL SESSION on the Water Alternatives.
M A T T E R S B Y C 0 U N C I L M E M B E R S
ORDINANCES/PUBLIC BEACHES ITEM #19063
Councilman Jennings advised Council of four (4) ordinances on the
FORMAL AGENDA concerning;
Ordinance to amend and reordain Section 6-3
of the Code of the City of Virginia Beach,
Virginia, pertaining to playing ball, using
frisbees, etc., on the beach.
Ordinance to amend and reordain Section 6-6
of the Code of the City of Virginia Beach,
Virginia, pertaining to taking food or drink
on the beach or adjacent streets.
Ordinance to amend and reordain Section 12-5
of the Code of the City of Virginia Beach,
Virginia, pertaining to fire on beaches.
Ordinance to amend and reordain Article III,
Section 36-57 of the Code of the City of
Virginia Beach, Virginia, by adding Subsection
(3) thereto pertaining to parking or stopping
of Charter Buses.
- 4-
CONTRABAND FORFEITURE ACT ITEM #19064
Councilman Jennings advised he had requested the following Proposal
be included in the LEGISLATIVE PACKAGE:
Ero2osed Contraband Forfeiture Act
Comment:
All businesses need money and property to create products,
to deliver them to their customers, to promote sales and
to grow. Criminal businesses are no different. Drug
dealers need money and property to produce and market their
contraband goods. Drug trafficking is big business and is
organized to earn hugh profits. Each year, Americans spend
almost $80-Billion to buy illicit drugs. Money and property
are at the heart of this illegal business. One way to
combat this problem and to be successful against drug
traffickers is to raid their treasuries and confiscate their
ill-gotten wealth. The power to confiscate the financial
resources of criminals exists in the ancient Law of Forfeiture.
Section 4-56 of the Code of Virginia establishes a procedure
for the search, seizure and forfeiture of conveyances or
vehicles used in volation of law, but this act was adopted
almost 50 years ago and was aimed primarily at confication
of bootleg whiskey. It is very cumbersome for prosecutors and
law enforcement agencies to use against the growing drug
trade. The act also provides that most of the forfeited
contraband be deposited into the State Literary Fund.
In 1981, the Federal Drug Enforcement Administration seized
$54.4-Million in drug related assets and used these drugs
to finance criminal investigations. It is certainly logical
to use confiscated drug funds and assets to offset the high
cost of drug law enforcement. The Virginia Beach Police
Department recovers and turns in to the State Treasury a
minimum of $30,000 annually through investigations of drug
and other illegal activities. If the State Code were amended
to allow drug monies to go back to the local law enforcement
agency which confiscated it, the probability exists that drug
law enforcement may eventually pay its own way.
Recommendation:
The General Assembly should amend the Code of Virginia to
enact a Contraband Forfeiture Act which allows the local
law enforcement agency to seize any contraband article
or property. The contraband should automatically become
the property of the Commonwealth of Virginia and then turned
over to the law enforcement agency which originally
confiscated it for use in controlling drug trafficking and
other illegal activities.
STUDY IMPACT STATE/FEDERAL LEGISLATION ITEM #19065
Councilman Jones advised that Tuesday, November 9, 1982, the Committee
to Study the Impact of Federal and State Legislation met in the
Conference Room with Senator A. Joseph Canada, Delegate Owen B. Pickett,
Delegate Glenn B. McClanan, Delegate William R "Billy" O'Brien and
Delegate-Elect Julie Smith and reviewed the staff report on the
Impact on the City of Virginia Beach regarding Legislative Mandates
from the State of Virginia.
On Wednesday, November 10, 1982, a meeting was held in Portsmouth
CitY Hall in which representatives from similar committees, except
Newport News, met to discuss this matter.
-5-
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
1983 LEGISLATIVE PROPOSALS ITEM #19066
The City Manager advised the Legislative Package was placed on the
INFORMAL AGENDA to provide Council an opportunity to comment on
the Package.
It was the consensus of Council to vote separately on the following
Legislative Proposals:
1. Expanded Sources of Local Revenue
3. Local Option Sales Tax on Motor Fuels
B. Disability from Respiratory Disease,
Hypertension and Heart Disease
10. Improvements to Highways Adjacent to
Subdivisions
18. Contraband Forfeiture Act
David M. Grochmal, Assistant to the City Manager, spoke on this matter.
DOME AND PAVILION RATE INCREASES ITEM #19067
The City Manager introduced A. James DeBellis, Director of the
Department of Economic Development, who presented Council the
proposed rate increases for the Dome and Pavilion.
Mr. DeBellis advised in response to increases in operating costs,
especially rates for electrical service, a revised set of Pavilion
rental fees has been proposed which would increase fees to users of
the Pavilion and Dome.
William M. Holland and James B. Ricketts spoke on this matter.
This matter is on the FORMAL AGENDA under the CONSENT AGENDA.
EXPEDITE SECTION 711(b)(3) ITEM #19068
The City Manager advised Council of the request of the City Attorney's
Office for simultaneous advertising of the Amendment to Section
711 (b) (3) of the Comprehensive Zoning ordinance.
A request has also been received from LaQuinta Motor Inns for
expedition of their proposal.
It was the consensus of Council this matter be on the FORMAL AGENDA
under NEW BUSINESS.
- 6-
SPECIAL MEETING ITEM #19069
The City Manager advised Council of the Special Meeting on Tuesday,
November 16, 1982, at 12:00 Noon for the purpose of receiving bids
for the sale of Bonds and noted the City has retained its AA rating.
ATLANTIC AVENUE BEAUTIFICATION ITEM #19070
The City Manager advised Council he would like the INFORMAL SESSION
of December 6, 1982, to begin at 11:30 a.m. for discussion of Atlantic
Avenue Beautification; however, the Commonwealth Attorney has scheduled
Council at 11:00 re: "Conflict of Interest". The City Manager will
determine another schedule and advise Council accordingly.
IVANHOE MOTEL FIRE ITEM #19071
The City Manager advised Council of the fire at the Ivanhoe Motel
on Atlantic Avenue and introduced Aubrey V. Watts, Jr., Director
of Public Utilities, to discuss "water pressure" in the Virginia
Beach Borough.
Mr. Watts advised during the period of the fire at the Ivanhoe
Motel, the City monitored the needs of the Fire Department very
carefully. At no time, during the period of the fire, did the
discharge pressure drop below 50 psi.
On the Atlantic Avenue lines, the fire flow demand was greater
than the capability of those mains; however, the Fire Department
and Public Utilities are aware of that problem. Equipment and
larger pipe were purchased to permit the Fire Department to
utilize the water mains on Pacific and Arctic Avenues.
Fire Chief Harry Diezel spoke on this matter.
City Council RECESSED into EXECUTIVE SESSION, (1:40 p.m.)
11/15/82
- 7 -
F 0 R M A L S E S S I 0 N
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
15 November 1982
2:22 p.m.
Council Members Present:
John A. Baum, Nancy A. Creech, Harold Heischober,
Vice Mayor Barbara M. Henley, H. Jack Jennings,
Jr., Mayor Louis R. Jones, Robert G. Jones, W. H.
Kitchin, III, Reba S. McClanan, and Meyera E.
Oberndorf
Council Members Absent:
J. Henry McCoy, Jr., D.D.S.
INVOCATION: Reverend Jean T. Rutherford
Beachgrove Bethel United Methodist Church
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
- 8 -
M I N U T E S
ITEM II-D.1 ITEM #19072
Upon motion by Councilwoman Creech, seconded by Councilman
Heischober, City Council voted to APPROVE the Minutes of the
Regular Meeting of November 8, 1982, AS CORRECTED:
ITEM #19053 ordinance to amend and reordain
Article 1, Section 111 of the
Comprehensive Zoning ordinance
pertaining to definition of
Tourist Home
(Corrected ordinance was not submitted
to City Clerk for record until this
day (November 15, 1982) and will be
placed in the approved Minutes of the
Virginia Beach City Council)
ITEM #19057 Upon motion by Councilman Heischober,
seconded by eetineilman councilwoman
Creech ...
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober,
Vice Mayor Barbara M. Henley, H. Jack Jennings,
Jr., Mayor Louis R. Jones, Robert G. Jones, W. H.
Kitchin, III, Reba S. McClanan, and Meyera E.
Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
J. Henry McCoy, Jr., D.D.S
- 9-
P R E S E N T A T I 0 N
ITEM II-D.2 ITEM #19073
The City Manager read the following WATER STATEMENT:
"In an effort to meet the growing needs of Virginia
Beach's residential and corporate citizens, the
Virginia Beach City Council in 1977 began to look
for a raw water source for the City. Extensive
engineering studies indicated that in order to
provide for the health, welfare and safety of its
citizens, the City needed,to initiate a water
source program which would be in place by the 1990's.
Consultant reports, field surveys and test wells were
then undertaken to gather the information required
to make this important decision. Twenty-four
alternatives were investigated including: fresh
ground and surface water and/or construction of a
desalting plant within the City; expansion of the
Norfolk Water Supply System; construction of Lake
Genito in connection with the Appomattox River
Water Reservoir with a Nottoway River Pumpover.
"The City Council realizes in te=s of financial
resources, staffing and time restraints, they can
no longer fully pursue all alternatives. Each
alternative has been critically evaluated using
the criteria of cost; environmental impacts; legal,
political and institutional issues; quantity, quality
and reliability. After this evaluation, the clear
choice to meeting the City's long-term water supply
needs is Lake Gaston. The Lake Gaston decision was
reviewed with Governor Charles Robb. Based on the
technical facts and research presented, the Governor
agreed that the Lake Gaston alternative was the most
logical for Virginia Beach to pursue at this time and
seems to represent the most feasible and least
disruptive option to the citizens of Virginia. Any
approach, the Governor added, clearly must represent
an equitable solution for the people living in the
vicinity of Lake Gaston as well as the people of
Virginia Beach."
The City Manager introduced Aubrey V. Watts, Jr., Director of the
Department of Public Utilities, who provided Council the criteria
for selecting Lake Gaston as the primary alternative to meet the
long-term water supply needs of Virginia:
A. Quality - The source should be the purest available.
Natural and man-made pollution should both be
considered as well as present-day and reasonably
expected future regulatory considerations. The
primary goal is to deliver, to the extent practical,
the safest, healthiest and most aesthetically pleasing
water to the citizens of Virginia Beach.
B. Quantity - The source should be able to reliably and
permanently meet the long-term water demands for
Virginia Beach. The withdrawal of water should not
unreasonably diminish the quantity or quality of water
available to reparian and other users of the source.
-10-
C. Envirorunent - The implemention of the project and the
withdrawal of water from the source should have
minimum adverse impacts on the envirorunent.
D. Institutional Issues - Legal, political or institutional
issues should not preclude eventual implementation.
E. Cost - The alternative should result in the lowest
practical cost of water to the citizens of Virginia
Beach.
F. Interbasin Transfer - The basin in which the water
source lies or originates should not be a criteria
of selection. Virginia Beach takes the position
that current law permits the interbasin transfer of
water and at the same time protects the rights of
riparian and other users of the source.
G. General Equity - The water source should provide
equity in ownership and control. The equity shall
be generally proportional to the percentage
contributed by Virginia Beach towards the total
cost of the water supply.
Water Resource Evaluation Matrix*
Criteria Lake Genito Assamoosick Lake Gaston In-town
(ARWA) Reservoir Alternative
Cost 15 25 25 35
Environmental
Impacts 20 20 35 25
Legal, Political,
Institutional
Issues 20 30 20 30
Quantity 30 25 35 10
Quality 30 15 40 15
Reliability 30 30 30 10
TOTAL 145 145 185 125
RANK 2nd (Tie) 2nd (Tie) 1st 4th
These results indicate that Lake Gaston is the clear choice for a
water supply in Virginia Beach. It ranks first in four of the six
criteria used for evaluation and second in one of the other two.
*This matrix was obtained by assigning 100 points to each criteria.
These points were then divided among the four water supply
alternatives. Point assignments to each alternative were made
using the best available data and information as interpreted by
the Department of Public Utilities.
-11-
Upon motion by Councilman Heischober, seconded by Councilman Jennings,
CitY Council voted to DIRECT the City administration and staff to
proceed immediately with an application for a Corps of Engineers
404 Permit for the LAKE GASTON ALTERNATIVE and contract for legal,
financial and engineering consulting services, as necessary, to
complete the project in a timely and economical manner.
Voting: 10-0
Council members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober,
Vice Mayor Barbara M. Henley, H. Jack Jennings,
Jr., Mayor Louis R. Jones, Robert G. Jones, W. H.
Kitchin, III, Reba S. McClanan, and Meyera E.
Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
J. Henry McCoy, Jr., D.D.S.
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As@ lo@ad of of fr @ih@ Owtee $w m*@ an
R@@ @.@fA @ fo@ "bond In the of $M.= for Ow
pr@-taiklvn by duraflon
the cw"@ tioli @ma
Of iw
Marth@2, 1"1. T Re Documo
co bw.. 4@@@tow ton- this nq
di@ @ die do @to accord i
wW mainob:i within a
Of Virsinia B Wi Md
az@t been withdrawn, fmm,
of Resort
wn the
Council of
17,1975, 2.
initw
therefore, wo
@to Its an addm to bi
thermore,. the Grantee *S"
plicadon to the FCC who
fUrtbW 3tiady nd,cm@ ou@ift
requcst an ii fnnchi8c fft of 0
percent
3. iie fiftan-year mW 6f @on the; f@-
of tliis chise ", bi @ i* na of Of
this of
B* for omb
su@ted i
municiw
befom Nov
with 50te
the right to
this the t
of tbe Al Ruth Hodges Smith, Clerk
-0 City of Vir@
14"
tiot, O"
the I*yz
um@iN
by the of afl 0 or-
tbe offtsotem-d
sW be iu fa nd with m& surety as approved
by
- 1 2 -
P R E S E N T A T I 0 N
ITEM II-E.1 ITEM #19074
Mayor Jones read the Resolution of Appreciation and presented same to:
E. W. TIMMONS - TRANSPORTATION SAFETY COMMISSION
(1968-1982)
P U B L I C H E A R I N G
ITEM II-F.1 ITEM #19075
Mayor Jones declared the PUBLIC HEARING on the Ordinance to amend and
extend the Franchise of Resort Satellite Communications, Inc., open.
Mrs. Alice Mullen, President, Resort Satellite Communications, Inc.,
spoke in favor
Robert Hale, Vice President and General Manager, Cox Cable Virginia
Beach, advised that Cox Cable welcomes any and all competition, as
long as it is on the same terms upon which their franchise was
originally granted and advised Council of several major points
which should be carefully considered before voting on this issue:
1. Fixed construction time table commitment
2. Performance bond requirement
3. Local origination channel requirement
4. Public Access capability and requirements
5. Governmental Access channel requirement
6. Educational Access channel requirement
7. Published rate structure and City Council
regulation thereof (installation and monthly)
8. Published signal carriage lineup
9. 3% franchise fee on gross revenue
10. Agreement to support application to FCC to
increase franchise fee to 4% or 5% upon City
Council request
11. Minimum basic channel lineup
- 1 3 -
Councilman Heischober made a motion, seconded by Councilman Baum,
to DEFER ONE WEEK (November 22, 1982) to permit the City Staff
and City Attorney's Office to study the letter of Cox Cable Virginia
Beach (a copy of which has been made a part of these proceedings)
for recommendations to City Council.
Councilwoman McClanan offered a SUBSTITUTE MOTION, seconded by
Councilman Jennings, to ADOPT the ordinance to amend and extend
the franchise of Resort Satellite Communications, Inc.
The recorded vote on the SUBSTITUTE MOTION is as follows:
Voting: 4-6
Council Members Voting Aye: (Substitute Motion)
Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr.,
Reba S. McClanan, and Meyera E. Oberndorf
Council Members Voting Nay:
John A. Baum, Nancy A. Creech, Harold Heischober,
Mayor Louis R. Jones, Robert G. Jones, W. H. Kitchin,
iii
Council Members Absent:
J. Henry McCoy, Jr., D.D.S.
- 1 4-
The recorded vote on the MAIN MOTION is as follows:
Voting: 10-0
Council Members Voting Aye: (for deferral)
John A. Baum, Nancy A. Creech, Harold Heischober,
Vice Mayor Barbara M. Henley, H. Jack Jennings,
Jr., Mayor Louis R. Jones, Robert G. Jones, W. H.
Kitchin, III, Reba S. McClanan, and Meyera E.
Oberndorf
Council members Voting Nay:
None
Council Members Absent:
J. Henry McCoy, Jr., D.D.S.
15-
C.. C.bi. Vi,gi.l. 9 ... h
6200 Cl.@.I.@d Sl,-t
VI@gl@l. 8-@h, VA 23462 A S.b,idi.,y f
T.I.ph.@. 804/497-6616 C.. B,..d ... li.9 C.,p.,.ti..
R.b.,t W. H.I.
Vi.. P,-id..t ..d G...,.l M ... g.,
CoxCable
Virginia Beach
November 15, 1982
The Honorable Louis R. Jones
Mayor of Virginia Beach and
Members of City Council
Mayor's Office
lAunicipal Center
Virginia Beach, VA 23456
The Honorable Mayor Jones and
Members of City Council:
Resort Satellite Coumunications, Inc. has requested
the Virginia Beach City Council to approve a "new" cable
franchise arezi or an "extension" of the existing cable fran-
chise, depending on the legal interpretation of each defini-
tion.
Cox Cable Virginia Beach, Inc. would like to go on
record stating our position prior to the City Council vote
on this new franchise application.
Cox Cable welcomes any and all competition, as long
as it is on the same, equal terms upon which our franchise
was originally granted and in which we currently are regulated
and operate. We would be opposed to any "new" franchise being
granted that was discriminatory against Cox Cable TV and would
not contain identical Cox franchise regulations to which we
are subject. Some major points that we feel are noteworthy,
which the Virginia Beach City Council should carefully consider
before voting on this issue, are as follows:
1. Fixed construction time table commitment
2. Performance bond requirement
3. Local origination channel requirement
11/15/82
-16-
Honorable Mayor Jones and
Members of City Council
November 15, 1982
Page 2
4. Public Access capability and requirements (LO)
5. Governmental Access channel requirement
6. Educational Access channel requirement
7., Published rate structure, and City Council
regulation thereof (Installation and Monthly)
8. Published sig-nal carriage lineup
9. 3% franchise fee on gross revenue
10. Agreement to support application to FCC to
increase franchise fee to 4% or 5% upon
City Council request
11. Minimum basic channel lineup (Cox offered
initially, 14 basic channels and now has
added nine for a total of 23).
Lastly, Cox would respectfully request that any com-
peting franchise would carry the same provisions and conditions
under which our original franchise was granted. In the event
a competing cable franchise would be granted with l@sser re-
quirements than Cox Cable, then we would expect City-Council
action that would grant us permission to reduce our level of
services accordingly to equal the lesser competing franchisee.
Cox Cable would 13@.ke to request a written response to
this letter as soon as it is feasible.
Yours truly,
Robert W. Hale
Vice President and General Manager
RWH:dlh
cc: Mr. Thomas Muehlenbeck, City Manager
Mr. Michael Barrett, Asst. to City Manager
Mr. G. L. Davenport, Vice President Eastern Division
Mr. Roger Pierce, Vice President,Regional Manager
file
- 1 7 -
C 0 N S E N T A G E N D A
ITEM II-G ITEM #19076
Upon motion by Councilman Baum, seconded by Councilman Heischober,
City Council voted to uphold the recommendation of the
City Manager and ADOPT the CONSENT AGENDA by ONE MOTION
with the exception of II-G.2 which will be voted on
separately.
Voting: 10-0
Council Members Voting Aye;
John A. Baum, Nancy A. Creech, Harold Heischober,
Vice Mayor Barbara M. Henley, H. Jack Jennings,
Jr., Mayor Louis R. Jones, Robert G. Jones, W. H.
Kitchin, III, Reba S. McClanan, and Meyera E.
Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
J. Henry McCoy, Jr., D.D.S.
-18-
ITEM II-G.1 ITEM #19077
Upon motion by Councilman Baum, seconded by Councilman Heischober,
City Council voted to ADOPT the Resolution of Appreciation
to:
E. W. TIMMONS - TRANSPORTATION SAFETY COMMISSION
(1968-1982)
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober,
Vice Mayor Barbara M. Henley, H. Jack Jennings,
Jr., Mayor Louis R. Jones, Robert G. Jones, W. H.
Kitchin, III, Reba S. McClanan, and Meyera E.
Oherndorf
Council Members Voting Nay;
None
Council Members Absent:
J. Henry McCoy, Jr., D.D.S.
19 -
RESOLUTION OF APPRECIATION
TO
E. W. TIMMONS
WHEREAS, E. W. Ti=ons has served as a member of the
@ansportation Safety Commission from 1968 to 1982; and
WHEREAS, E. W. Timmons has served willingly and untir-
ingly in behalf of the City of Virginia Beach; and
WHEREAS, his dedication and unselfish service involved
personal sacrifices and inconveniences, not only to him, but
frequently to his family and/or business; and,
WIMREAS, we trust he realized satisfaction in success-
fully administering in his advisory capacity not only to City
Council, but to the citizens of this fast growing metropolis.
NOW THEREFORE, BE IT RESOLVED. That the Virginia
Beach City Council recognizes this record of more than fourteen
(14) years of distinguished service in publicly expressing its
sincere gratitude for his contribution of time, energy and
intellect.
BE IT FURTHER RESOLVED: That this Resolution of
Appreciation be made a part of the proceedings of the Formal
Session of City CDuncil this Fifteenth day of November 1982, in
the City of Virginia Beach, Virginia.
Given under my hand and seal this
Fifteenth day of November,
Nineteen Hundred and Eighty-Two.
Mayor
- 2 0 -
ITEM II-G.3 ITEM #19078
Upon motion by Councilman Baum, seconded by Councilman Heischober,
City Council voted to uphold the recommendation of the
City Manager and APPROVE the request of the City Attorney
to appoint Randall M. Blow as Assistant City Attorney
pursuant to Section 2-166 of the City Code.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober,
Vice Mayor Barbara M. Henley, H. Jack Jennings,
Jr., Mayor Louis R. Jones, Robert G. Jones, W. H.
Kitchin, III, Reba S. McClanan, and Meyera E.
Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
J. Henry McCoy, Jr., D.D.S.
- 2 1 -
ITEM II-G.4 ITEM #19079
Upon motion by Councilman Baum, seconded by Councilman Heischober,
City Council voted to uphold the recommendation of the
City Manager and ADOPT ON SECOND READIITG the Ordinance
to accept and appropriate funds in the amount of $13,950
from the Southeastern Virginia Areawide Model Program
(SEVAMP).
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober,
Vice Mayor Barbara M. Henley, H. Jack Jennings,
Jr., Mayor Louis R. Jones, Robert G. Jones, W. H.
Kitchin, III, Reba S. McClanan, and Meyera E.
Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
J. Henry McCoy, Jr., D.D.S.
2 2 -
AN ORDINANCE TO ACCEPT AND APPROPRIATE
FUNDS FROM THE SOUTHEASTERN VIRGINIA
AREAWIDE MODEL PROGRAM (SEVAMP)
WHEREAS, the Department of Health has determined a need to con-
tinue providing for the health related problems of elderly individuals, and
WHEREAS, the Department of Mental Health and Mental Retardation
(MH/MR) has determined a need to continue providing temporary substitute care
for elderly individuals while their family members are absent, and
WHEREAS, the SEVAMP has awarded the Department of Health $28,402
and the Department of MH/MR $13,950 to provide their above respective services,
and
WHEREAS, City Council has already included the $28,402 for the
Department of Health in the FY 82-83 Operating Budget.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VLRGINIA
BEACH, VIRGINIA:@ ,
That the City Manager is hereby authorized and directed to accept
the award and enter into the necessary contractual agreements for the city;
funds are hereby appropriated in the amount of $13,950 for the Department of
Mental Health and Mental Retardation.
BE IT FURTHER ORDAINED that the appropriations will be financed by
$13,950 estimated revenue from SEVAMP.
FIRST READING: November 8, 1982
SECOND READING: November 15, 1982
Adopted by the Council of the City of Virginia Beach on the 15th
day Of November 1 982.
APPPOVED AS TO CONTENT
SIGNATURE
DEPARTMENT
A@- 0 A F TO F T!! @A
/II @ l@z-.
5!r@l@,TU@EI
C-ITY ATTO@NEY
- 2 3 -
ITEM II-G.5 ITEM #19080
Upon motion by Councilman Baum, seconded by Councilman Heischober,
City Council voted to uphold the recommendation of the
City Manager and ADOPT the Ordinance to amend rates to
be charged for the use of the services and facilities of
The Pavilion effective July 1, 1982;*
AND, the Ordinance to amend rates to be charged for the
use of the services and facilities of The Civic Center/
Dome.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober,
Vice Mayor Barbara M. Henley, H. Jack Jennings,
Jr., Mayor Louis R. Jones, Robert G. Jones, W. H.
Kitchin, III, Reba S. McClanan, and Meyera E.
Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
J. Henry McCoy, Jr., D.D.S.
2 4 -
AN ORDINANCE TO AMEND RATES TO
BE CHARGED FOR THE USE OF THE
SERVICES AND FACILITIES OF THE
PAVILION EFFECTIVE JULY 1, 1982*
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
a. The following commercial rates are hereby established
for the use of the facilities of the Pavilion on a "four-walled"
basis including only normal utility and custodial services:
BASE RENT MOVE-iw DISCOUNT TO
TOT"ER KJLTIPLE MOVE-OLIT % OF OU@IFYEC
AREA SECTION PERFIORMANCE DISCOUNT GATE OFCANIZATION
THEATER $325 $425 50% 5% 30%
CONVENTION
HALL $1500/$300 -- 50% 5% 30%
MEETIW. ROW $175/$25 50% - 30%
BOARD Fcov
LOUNGE $50/$25 -- 30%
REHEARSAL HALL $50 50% 30%
1. Rent for any space not covered herein shall be
computed at $.03 per gross square foot per event day subject to
discount provisions listed herein.
2. Rehearsals in the Rehearsal Hall shall be rent
exempt when the Theater is leased for the presentation of an
attraction.
3. Conventions (other than exhibitions to which space
is subleased) which meet a minimum housing requirement of one
thousand (1,000) room nights involving the use of two or more
Virginia Beach hotel/motel properties shall be exempt from base
rent. For the purposes of determining rent exemption, 'room
nights" are defined as the number of hotel/motel rooms reserved
times the number of nights confirmed for the applicable
convention. To qualify for this exemption, conventions must be
housed through the Virginia Beach Convention Bureau. The
Virginia Beach Convention Bureau shall provide written
2 5 -
verification to the Pavilion Manager that the minimum housing
requirement has been met.
Conventions booked through the Virginia Beach Convention
Bureau which do not meet the minimum housing requirement shall be
subject to a thirty percent (30%) discount. Any space which is
subleased to exhibitions shall be subject to applicable
commercial rental charges regardless of housing minimums.
4. Percentage of gate participation in rentals shall be
computed on paid admission proceeds after deducting Amusement
Tax.
5. The rate for a move-in, move-out, or a reheasal day
shall be fifty percent (50%) of the applicable daily rent. A
move-in day is considered to begin at 12:00 noon and a move-out
day is considered to end at 12:00 noon. If a move-in is required
before 12:00 noon or a move-out is required after 12:00 noon, a
full day's rent shall be charged. Events which pay the base rent
for four or more consecutive days shall receive a free move-in
and a free move-out day whenever scheduling permits for that
event.
6. A single thirty percent (30%) discount computed to
the nearest Five Dollar ($5.00) increment shall be applied to the
following:
(a) Events sponsored by Civic and Charitable
organizations which are based in Virginia Beach and are totally
nonprofit in purpose and which are exempt from taxation under
Section 501(c)(3) and Section 501(c)(4) of the Internal Revenue
Code of 1954, as amended. The sponsoring organization must have
existed within the City of Virginia Beach for six months prior to
the time of booking. The sponsor must furnish, upon request,
evidence of incorporation or association within the State of
Virginia as a nonprofit entity.
(b) Conventions booked through the City Convention
Bureau which do not meet the minimum housing requirement for rent
exemption.
-2-
- 2 6-
(C) Federal or State government sponsored events.
7. Events which are serviced by Pavilion's food service
concessionaire and which are contracted for a minimum of Five
Dollars Fifty Cents ($5.50) per person in food and beverage
services shall be assessed a Fifty Cents ($.50) per person fee in
lieu of base rent for space utilized for the food and beverage
part of the event. This fee shall not be subject to discount and
shall not be commissionable in relation to the food service
concessionaire's contract. This fee shall be waived for
conventions meeting the minimum housing requirement.
b. The City Manager or his designated agent is authorized
to establish, from time to time, rates to be charged with respect
to equipment, labor, and services utilized for scheduled events.
C. The City Manager or his designated agent is authorized
to suspend or amend the rates set forth herein in connection with
the use of Pavilion by bona fide organizations where such use
will inure to the cultural and civic betterment of the citizens
of the City and to otherwise negotiate rates in situations not
expressly covered herein or where such other negotiated rates are
deemed to be in the best interest of the City.
This Ordinance shall be effective on and after the date
of its adoption.-
Adopted by the Council of the City of Virginia Beach,
Virginia, on the 15 day of November , 19 82
10/8/82
10/11/82
(C)
*The Director of Economic Development advised during the INFORMAL
SESSION the effective date of this ordinance should be December 1,
1982.
-3-
- 2 7 -
AN ORDINANCE TO AMEND RATES TO
BE CHARGED FOR THE USE OF THE
SERVICES AND FACILITIES OF THE
CIVIC CENTER/DOME
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
a. The following commercial rates are hereby established
for use of the facilities of the Civic Center/Dome on a
"four-walled" basis including only normal utilities and custodial
services:
MOVE-IN/ DISCOUNT TO
KJLTIPLE MOVE-= % OF QUALIFYIM
AREA BASE RENT PERFO@CE DISCOUNT GATE O@IZATION
AUDITORIUM $350 $400 50% 5% 30%
KITCHEN $ 50 --- --- -- -
1. Conventions (other than exhibitions to which space
is subleased) which meet a minimum housing requirement of two
hundred fifty (250) room nights involving the use of two or more
virginia Beach hotel/motel properties shall be exempt from base
rent. For the purposes of determining rent exemption, "room
nights" are defined as the number of hotel/motel rooms reserved
times the number of nights confirmed for the applicable
convention. To qualify for this exemption, conventions must be
housed through the Virginia Beach Convention Bureau. The
Virginia Beach Convention Bureau shall provide written
verification to the Pavilion/Dome Manager that the minimum
housing requirement has been met. Conventions not meeting the
minimum housing requirement shall be subject to a thirty percent
(30%) discount. Any space which is subleased to exhibitions
shall be subject to applicable commercial rental charges
regardless of housing minimums.
2. Percentage of gate participation in rentals shall be
computed on paid admission proceeds after deducting Amusement
Tax.
11 15 82
- 2 8 -
3. The rate for a move-in, move-out, or rehearsal day
shall be fifty percent (50%) of the applicable daily rent. A
move-in day is considered to begin at 12:00 noon and a move-out
day is considered to end at 12:00 noon. If a move-in is required
before 12:00 noon or a move-out is required after 12:00
noon, a full day's rental shall be applied. Events which pay the
base rent for four or more consecutive days shall receive a free
move-in and a free move-out day whenever scheduling permits for
that event.
4. A single thirty percent (30%) discount computed to
the nearest Five Dollar ($5.00) increment shall be applied to the
following:
(a) Events sponsored by Civic and Charitable
organizations which are based in Virginia Beach and are totally
nonprofit in purpose and which are exempt from taxation under
Section 501(c)(3) and Section 501(c)(4) of the Internal Revenue
Code of 1954, as amended. The sponsoring orqanization must have
existed within the City of virginia Beach for six months prior to
the time of booking. The sponsor must furnish, upon request,
evidence of incorporation or association within the State of
Virginia as a nonprofit entity.
(b) Conventions booked through the City Convention
Bureau which do not meet the minimum housing requirement for rent
exemption.
(c) Federal or State government sponsored events.
5. A catering fee of Fifty Dollars ($50.00) shall be
applied to all events which require food or beverage service
which is either provided by the sponsor or an organization
selected by the sponsor. Arrangements for food service by the
sponsor or organization selected by the sponsor are subject to
approval by the Virginia Beach Health Department. It shall be
understood that the Civic Center reserves the right to operate
concession facilities exclusively and shall assign concession
rights only when the desired service is beyond the resources of
-2-
- 2 9 -
the Civic Center. In the event that sponsor wishes to sell for a
profit food or beverage items as an adjunct to Civic Center
concessions, a fifteen percent (15%) commission of said sales
shall be paid to the Civic Center.
b. The City Manager or his designated agent is authorized
to establish, from time to time, rates to be charged with respect
to equipment, labor, and services utilized for scheduled events.
c. The City Manager or his designated agent is authorized
to suspend or amend the rates set forth herein in connection with
the use of the Civic Center by bona fide organizations where such
use will inure to the cultural and civic betterment of the
citizens of the City and to otherwise negotiate rates in
situations not expressly covered herein or where such other
negotiated rates are deemed to be in the best interest of the
City.
This Ordinance shall be effective on and after the date
of its adoption. *
Adopted by the Council of the City of Virginia Beach,
Virginia, on the 15 day Of November 1982
10/11/82
10/8/82
(C)
*The Director of Economic Development advised during the INFORMAL
SESSION the effective date of this ordinance should be December 1,
1982.
-3-
- 3 0 -
ITEM II-G.2 ITEM #19081
Upon motion by Councilwoman Creech, seconded by Councilwoman
Oberndorf, City Council voted to uphold the recommendation of
the City Manager and APPROVE the following Legislative Proposals
and ADOPT the Resolution AS AMENDED for presentation to the
General Assembly:
2. Highway Construction Funding Based
Upon Need.
4. Funding of Education
5. Virginia Museum of Marine Sciences
6. Distribution of ABC Profits and Tax
on Wine
7. Increased Appropriation for Pendleton
Child Service Center
9. Increased Funding for Medical Education/
Indigent Care for Eastern Virginia Medical
Authority (EVMA)
11. Removal of Inoperative Motor Vehicles
12. increased Fees for Sheriffs and High
Constables
13. City Attorney Fees for Prosecuting
Misdemeanors
14. Exempting Fees for Court-Appointed
Counsel in the Case of a Public
Defender
15. Proration of Personal Property Tax
16. Boundary Definitions of House Districts
17. Elected School Board with Power of
Taxation as corrected.
-30a-
At a meating of the Council of
the City of Virginia Beach, held
on November 15 1982, the
following resolution was adopted.
R E S 0 L U T I 0 N
WHEREAS, the Council of the City of Virginia Beach,
Virginia, has reviewed the presentation concerning certain
legislative proposals; and
WHEREAS, after due consideration the Council is of the
opinion that such proposals would be beneficial to the citizens
of the City.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE
CITY OF VIRGINIA BEACH, VIRGINIA:
That the document attached and marked "Exhibit A"
and entitled "CITY OF VIRGINIA BEACH 1983 LEGISLATIVE PROPOSALS"*
presented for consideration to the 1983 Virginia General Assembly
and dated November 15 1 1982, is hereby endorsed by said
Council as the City's official legislative requests a..-Id recoimnenda-
tions for the 1983 session.
The City Clerk is directed to forward a copy of this
resolution to each mernber of the General Assembly representing
the City of Virginia Beach, Virginia.
ADOPTED: November 15, 1982
JDB:er
11-3-82
*A,s amended by the Vi)Lginia Beach City Coun@ on J5 NovembeA-19-82
AZ TO COIITFNT
SIGNATL,@E
DEPARTPAENT
3 1 -
2.
Comment:
The Virginia Department of Highways and Transpor"ation has compiled a docu-
ment entitled: "State-Wide Transportation Planning Present and Future Needs," wflich
estirnates the present and future highway Construction needs for each locality in
Virginia through the year 2005. The to-tal cost of ail projects in this document for the
entire state is $15,408,043,637. The document lists the total needs for Virginia Beach
at $785,837,976, which is the highest of any locality in the state. Accordingly,
Virginia Beach's needs are 5.1% of the total highway construction needs of the State
of Virginia.
In 1981, the State Highway and Transportation Commission adopted a six-year
highway improvement program whic.@ included funding for projects in all localities.
The 1982-83 allocation for Virginia Beach is $6,294,000, or 1.45% of total highwav con-
struction allocations in Virginia. If Virginia Beach's allocation for FY 82-83 were
equivalent to its percentage of the totai state-wide need, or 5.1%, Virginia Beach
should have been allocated $22,154,000.
For the entire six-year highway improvement program tlirough 1988, Virgii)ia
Beach is scheduled to -eceive $26,805,000, which is 1.18@., of the total li@gilway con-
struction allocations for the state. If Virginia Beacti's allocalion for the entit-e six
years were equivalent to its percentage of the total state-w'de need, or 5.1%, Virgiiiia
Beach should have been allocated $115,287,600.
The Virginia Department of Highways and Transportation has determined that
Virginia Beach has 5.1% of the construction needs in the state, flowever, the
Commission is only funding one-fifth of those construction iieeds. This discrepancv is
unfair and must be changed.
Currently, the Joint Legislative Audit and Review Commission is studying the
reasonableness, appropriateness, and equity of the current statutory provisions for
allocating highway construction funds. The Gene,al Assembly is to be commended for
requesting this study because the needs of h:@gh-growth localities like Virginia Beach
must be addressed.
Recommendation:
The General Assernbly should amend SS 3.1-23.1 of the Code of Virginia to
substitute a new system for allocatit)g highway construction funds to localities based
solely upon need.
3 2 -
4. Fun
COmment:
sse e for a
The Constitution of Virginia states: "The Generolasl faor a
System of free pubiio elementary and ',on ool age
throughout the Commonwealti) and sh that an ram of
llig@ quality is established and contint To me nt, the
legislature.has established the Standz hich ma nce of
educationai programs throughout the s e Gener
ble for providing sponsi-
a system of free pt t should nc;ally
those aspects of the educational I)r@12
I ndates by law. I)ese mandates
should be funded on the basi's of rea ts and the state should bear a
fair share of the cost. It is the resr,
basis, theI ility state to fund, on a state-wide
Basic Educ:ation Program to a s ent i Commoiiwealth.
Foremost (:onsideration should stic funding of the Standards of
quality basi(: aid formula. In 1981, of Education requested that tile
Per Pupil expenditure requi ed by the ality for FY 1982-84 be set at
$1,638 for f the bie 301 for the second Year. The
additional s ovide for
cOst of pub owever, t pupil
the 1982-84 d a per a ocation c y for
for FY 84. ly below the basic aid neE 467
the Commonwealtli. ns in
Recommendation:
The. General Assembly should raise the per Ptipil allocation fol- 1 8
$1,801, whic: 9 3-84 to
h is recommended by the state Board of Education and reflects the actual
cost of the Standards of Quality.
3 3 -
5.
Cornment:
The @ilginia M,,,
Of Virginia beach and thuem Of Marine Scien es s a e
C V pro ct
of increasing Public al,r, COMMOT)wealth of j o,n@@y funded by the City
i,gini j,
h t ijd.ecilcated t, the purpose
n It is -he nat re and economi
marine environr ent. n,,is oft
niv a cPortance of Virginia's
u @o. intended o serve @s an edlica
virginia school system,, U
The UseuM ersities, nd state agencies. tional resource for
space will T ,%vill contain niore than 100 e,hibit,.
e,t,re ,-ve Mari.ne
house@ in -ppr..im a,' a Half of the exhibit flc)o,
m sincligenous to Vir inia,,
aquarium tank . n
0 9 coastal waters a d
Will cieal with ke@ as'@i'ey,,'i @,000 gall ns of s
flc Princi les ine tiler exhibit areas
exhibits hav, been c-iesi-g I p which co 0
the museum staff a _@e@ OY a Profes- @@rol Our marine environment. All
nd wirn input from Vi sional exi), Dit desi.@n firm in conSLiltation with
Approx,'mately $650,ooo MS, ODU, and varlous environmental agencies.
architectural designs of this iDr @as been spent i... 1978 on Ihe PlanninL, and
state and the City of Virginia @e oiect- T@ese-costs have been eqlally shared @Y the
O@S t ach. Total costs and sources of ILnding are as follows:
Site improvements Fundin,,
Building Construction $ 420,ooo State
Exhibits 4,933,Ooo City $2,000,000
3,500,ooo
1000 Private 1,200,@
Total $6,700,ooo _oo
Archite $(,,700,ooo
Constructin2 - uis!t@on of a site and all other tasl,,s prerequisite to
Assembly - e oeen
Was cornplete(i.
Planned; furth, Fundi[12 Y the 1982 General
state Participa 1 1982, as origir,.ally
project is in , oce?d without sl,e
Sustaining prev I.s tnat the muse,,
endanger its ex nce f Stat, f, d the difficijlty f
tirne will seriously
Pecorn Mendation:
the CIt is reqijested that t@e General Assembly a proprjat, $2 miilion to be uscd as
Museu Ommon\vealth of Vi.rglnial s share p
of Marine Sciences. Of the construction costs Of the Virginia
3 3 -
5. Constriction of Virginia MuSeum of Nlarine Sci--nces
Comment:
The Virginia Museum of Marine Sciences is a project jointly funded by the City
of Virginia Beach and the Commor)wealth of Virginia that is dedicated to the purpose
of increasing public awareness of the nature and economic importance of Virginia's
marine environment. It is also intended to serve as an educational resource for
Virginia school systems, universities, and state agenci,es.
The MU5eum will contain more than 100 exhibits. Half of the exhibit floor
space will feature live marine animals indigenous to Virginia's coastal waters and
housed in approximately 100,000 gallons of aquariurn tanl<s. The otlier exhibit areas
will deal with key scientific principles which control our marine environment. All
exhibits have been designed by a professional exiiibit design firm in consultation witli
the museum staff and with input from VIMS, ODU, and various environmental agencies.
Approximately $650,000 has been spent since 1978 on the planning and
architectural designs of this project. These costs have been equally shared by the
state and the City of Virginia Beach. Total costs and sources of 'unding are as follows:
Costs Fundinjz
Site Improvemerits $ 420,000 State $2,000,000
Building Construction 4,933,000 city 3,500,000
Fxhibits 1 31,7 000 Private 1,200,000
Total $6,700,000 $(-,,700,000
Architectural plans, acquisition of a site and all ottier tasks prerequisite to
constructing the building have been completed. Fundii)g by the 1982 Gerieral
Assembly was inadequate to permit construction to begin in Niay, 1982, as originally
planned; furthermore, the, City of Virginia Beach is unable to proceed without some
state participation in the capital costs. The resulting condition is that the museum
project is in a suspended state of development where inflation and the difficlilty of
sustaining previous financial commitments over a long period of time will seriously
endanger its existence if state funding is further deferred.
Recommendation:
It is requested that the General Assembly appropriate $2 mi!lion to be used as
the Commonwealth of Virginia's share of the construction costs of the Virginia
Museum of Marine Sciences.
3 4 -
6. Distribution of ABC Profits and Tax on Wine
Comment:
SS 4-22 of the Code of Virginia states that the net profits derived from the
operation of ABC Stores state-wide are to be distributed to localities based upon
PODulation according to the last preceeding United States Census. SS 4-22.1 of the
Code of Virginia provides that 22% of the tax levied on each liter of wine sold in
Virginia is to be distributed to localities based upon popula''ion according to the last
preceeding United States Census. The Tayloe Murphy Institute of the University of
Virginia is the official agency for determining population estimates for thp- State of
Virginia and its localities. Virginia Beach is one of the fastest-growing localities in
the United States and the Tayloe Murphy Institute has been estimating an annuat
Population increase for Virginia Beach since 1974.
If the ABC net profits and the state tax on wine had been allocated to
localities based upon Tayloe Murphy Institute population estimates for the period FY
1974 to 1981, Virginia Beach would have received an additional @1,028,380 and
$107,150 respectively. Therefore, it is clear- that the use of the United States Census,
in formulas distributing state money to localities, is unfair. Virginia Beach is
continuing to grow and our 1981 Tayloe Murphy population estimate is 10,701 higher
than our 1980 census figures. Therefore, the use of population estimates by the
Tayloe Murphy Institute should be used for all funding formulas wt)ich use population.
Recommendation:
The General Assembly should amend SS 4-22 and SS 4-22.1 of the Code f
Virginia to allow the use of annual population estimates by tlie Tayloe MLirphy
Institute of the University of Virginia instead of the last preceeding United States
Census.
3 5 -
7. In
ervice Center
COMMent:
Pendleton Child Servic, Center is a community-based treatmeiit agency serving
Young children, ages twelve and younger, of Virginia Beach and Chesapeake, who are
exhibiting serious antisocial and maladaptive behaviors in the home, chool, or
community. The goal of Pendleton's treatment services is to reduce the incidence of
these antisocial and maladaptive behaviors in order to prevent more serious
consequences for the child and the community, such as involvement in the juvenile
justice system. The Dremise is that beliavior problems are best resolved in 'he
environment in which they appear and are perpetuated. For this reason, the major
focus is on providing training to the significant adults in the child's life so that they
become the treatment agents for managing i@nappropriate behavior.
During FY 82, Pendleton Child Service Center provided treatment services to
343 children who remained in their homes and in the public school system while staff
worked with the parents and teachers to restructure the ch;ld's environment so that it
reinforced his appropriate behavior and discouraged his inappropriate behavior
(outclient services); 46 children temporarily placed in the residential program wliere
Center staff could control behaviors by providing a strticture of consistent responses
to behaviors in order to assist the chili to learn environmental expectations and to
assume responsibility for appropriate behavior (residential services); and 55 children
who were in the structured environment of residential services for a portion of the
day v/hile still living at home (day services).
Pendleton Child Service Center accepts referrals from any source. During FY
82, 62% of the referrals were received from the 'Dublic school systems of Virginia
Beach and Chesapeake; 15% were referred by parents; 9-. were generated by tlie two
citics' Social Services Bureaus; Juvenile Courts of the t@vo cities generated 50.' and the
Mental Health Centers referred 5% of the caseload.
The mean age of children receiving treatment dliring FY 82 was 8.8. Following
is a profile of the problem behaviors of children receiving treatment services ar@d the
percentage of children whose problem behavior had beefi successfully treated at time
of termination of services:
Problem Behavior No. of Referrals S@cess Rate
-Disrespect for Authority (e.g., not
following directions, backtalking/
cursing, not following house rules,
di.or)edience) 484 83%
-Tantrums 82 83-@
-Aggressibn (e.g., fighting/ar@uing) 179 8 3 -0
-Lying 101 75%
-Property Destruction 15 73%
-Firesetting 11 73%
-Stealing 52 69%
-Sexual Acting Out 3 67%
3 6 -
Since beginning its treatment program in 1973, Pendleton Child Service Center
has been committed to the ongoing evaluation of its program and services. The rnost
recent study of program effectiveness, completed by a graduate social work student,
tracks the subsequent court involvement during adolescence of children xvho required
the most intensive treatment service to modify their antisocial behaviors.
Two I<ey findings of this study are as follows:
1. Although all cilildren entering Pendleton Child Service Center are deter-
mined to have a high poten-tial for involvement in the community as
ju,ienile delinquents, only 27.7% of those cornIDleting treatment were
later convicted of a crime (15.5% felonies, 12'2% misdemeanors), and
only 12.2% were committed to juvenile incarceratories.
2. Of the seven who were involved with the juvenile court at the time
of referral, none had anv further court contact,subsequent to completing
treatment.
This study evaluates the effectiveness of Pendleton as a preventive service in
terms of only one human service delivery system, the juvenile court. It does not
attempt to measure effectiveness in preventing foster care placements, special
education placements, or mental health residential placements. For each child that
Pendleton successfully prevents from involvement with such placements, it represents
not only a human savings but also a monetary savings to the community.
The FY 1983 funding for Pendleton Child Service Center is as follows:
Funding Sources FY 1983 Amount Donated Staff
City of Virginia Beach $ 49,419 One Social Worl<er
One Probation Officer
City of Chesapeake One Probation Officer
.6 Teacher
State Mental Health 60,000
Department of Corrections 160,999
General Assembly 100,000
Va. Beach Public Health 20,620
Va. Beach School System 12,000
.Total Budget - 403,038
Recommendatio,,ri:
The General Assembly should increa@e its appropriation to the Pendleton Child
Service Center from $100,000 per year to $150,000 per year. The additional $50,000
would be utilized to add two areas of expertise to staff: a family therapist and a
community education specialist. The family therapist would increase effectiveness of
family interventions; the community education specialist would increase staff's
capacity to provide group training for parents and teachers.
3 7 -
9. Incre sed Fundin@ for Medical Educati
nia
Comment:
The medical education programs in all of tlie hospitals cornected with the
Eastern Virginia N4edical Authority provide care to tf,L medically indigent as do state
university hospitals. Because of this, the General AssembJy of Virginia began a
modest funding of direct state aid for this care in the 1978-80 bien-nium of $4.5
million. Channeled through the medical education programs of EVMA, these funds are
used to partially offset tlie costs of physician ser,,ices and hospital care to those
individuals for which no other payment is available. Local governments in eastern
Virginia also contribute annually to EVMA, including $250,000 from Virginia Beach.
As an outgrowth of the depression years, state university hospitals have gell-
erally received funding for indigent care. In Virginia, these funds have become an
important part of the total financial support of the state medicaj school/hospital
operations. For the 1982-84 biennium, the Medical CoiJege of Virginia in fzichmond
will receive approximately $44 miljion in direct state funding for indigent care. The
University of Virginia School of Medicine in Charlottesville will receive approximateiy
$25 million. However, Eastern Virginia, through tlie EVMA Programs,'will receive
approximately $6.5 million.
Eastern Virginia has 29.3% of the medically indigent population in the state
which is higher than the areas served by MCV or UVA ' However, EVV@A wiJI only
receive 8.6% of the medicaj education/indigent care funding. This disparity is
expensive. EVMA hospitals must write off uncojlectable bills which totaj iriore than
$30 miliion each year. The losses incurred through these write-offs must be made up
the following year through higher charges to sejf-paying and insured patients and,
most recently, in the reduction of certair) services. As an exam'Die, Norfoll< Generai
HospitaJ, which is the central teaching hospitaj for EVMA has recently advised that
they can no longer accept maternity care referrals from the Virginia Beach Health
Department.
Recommendation:
The General AssembJy should provide additional rnedical education/indigent care
funding to Eastern Virginia Medical Authority which approximates the percentage of
medically indigent patients in Eastern Virginia as compared to the rest of ttie state.
3 8 -
Re nopera ve Motor Vellicles
Comment:
Senate Bill 206, adopted by the 1982 session of the General Assembly, amended
15.1-11.1(a) of the Code of Virginia, concerning -inoperative motor vehicles on
residential or comm(,Ircial property. p,,10r to this amendment, IOCalities were able to
require the removal of inoperative vehicles from private property riot enclosed in a
building or structure if it Nvas economically impracticai to make the veiiicies
operative. There was no maximum or minimum time limit which localities were
requ;red to give the property owne, to. remove the vel)icle. Virginia Beach currently
requi,-es that inoperative motor veh'@cies be removed within five days.
The amendment added by Senate Bill 206 states that a vehicle is not inop-
erative if it has a valid license plate and inspection sticker. Therefore, if an
individual purchases a license plate and sticker for a vehicle on Jai)uary 1, and the
vehicle becomes inoperative on January 2, it may remain in public vie\k, i.'l junked
condition as long as the license plate and inspection sticker are valid, %vhich is at
least one year. This puts local governments in an untenable position wf)en beautifica-
tion programs require the removal of these vehicles. Therefore, this requirement for a
valid license plate and inspection sticker should be eliminated from SS 15.1-11.1(a).
Recommendation:
The General Assembly should amend SS 15.1-11.1(a) of the Code of V@,rg,@n*a to
I
eliminate the words "and for which there 's no valid license plate and i nspection
sticker" from the definition of inoperative motor vehicles.
3 9 -
12. Increased Fees for Sheriffs and Hi 11 Constables
Comment:
House Bill 561, adopted by the 1982 session of the General Assembly amended SS
14.1-105.1 of the Code of Virginia to restrict High Constables from charging fees in
excess of those allowed for Sheriffs. This bill, which takes effect JIIY 1, 1983, will
cost the CitY of Virginia Beach an estimated $76,000 per year in lost High Constable
fees. Only four localities in the State of Virginia have High Constables. They are the
Cities of Virginia Beach, Chesapeake, Portsmouth, ahd Norfolk. Serving legal papers
on individuals has generally been divided between tlie Sheriffs and High Constables
within these cities. However, the Sheriff is currently restricted in the fees he can
impose by SS 14.1-105 of the Code of Virginia. Since the cost of serving tf)ese papers
should be borne by the individual being served rather than the general taxpayers, the
fees allowed for Sheriffs and High Constables should be increased to cover the cost of
serving such papers.
Recommendation:
The General Assembly should repeal the language established in SS 14.1-105.1 of
the Code of Virginia, wiiich restricts High Constables from charging fees in excess of
that allowed for Sheriffs. The General Assembly should also aniend SS 14.1-105 of the
Code of Virginia to increase the fees a Sheriff may charge for service of papers to
that amount equal to the cost of serving the papers.
40 -
13. Ci
Comment:
The City Attorney's Office of the CitY of Virginia Beach prosecutes all
misdemeanor violations of the city's ordinances which are appealed to the city's
Circuit Court. The majority of these violations are for conduct prescribed
bY municipal ordinance and m,de municipal
siatutes which have been adopted by state
ving on a
Offenses- These offense, include driving under the influ,,ce, hit and run, dri '
suspended operator's license, assault and numer,,, other misdemeanors of all classes.
Additionally, the City Attorney's Office prosecutes appeals of violations which are
peculiar to municipal law, such as the city's zoning ordinances.
Annually, the City Attorney's Office prosecutes approximately 1,200
misdemeanor charges against approximately 1,000 defendants in the City's Circuit
Court. These offenses are prosecuted at great expense to the City of Virginia Beach,
and it is appropriate to charge a fee against a defendant who is found to be guilty to
partially offset such expense.
SS 14.1-121 of the Code of Virginia establishes Commonwealth Attorney fees for
expenditures which occurred in the discharge of the prosecutors' duties in felony and
misdemeanor cases prosecuted in Circuit Court. This section provides that a
defendant who is found guilty of a misdemeanor in a Circuit Court shall pay a $5.00
fee if prosecuted by a Commonwealth Attorney. This section, however, does not
provide for a fee for expenditures which are incurred in the discharge of a --ity
Attorney's duties in prosecuting misdemeanors in a Circuit Court.
SS 14.1-122.1 of the Code of Virgini'a states tliat fees for Commonwealth
Attorneys and other court services shall, in cases involving traffic infractions, be
allowed and paid as prescribed for misdemeanor cases.
The foregoing code sections are limited by SS 14.1-88 of the Code of Virginia,
which provides tf)at no such fees for a Commonwealth Attorney shall be taxed unless
he in person, or by an authorized assistant, actually appears and prosecutes the
proceedings before the court.
Recommendation:
The General Assembly should amend SS 14.1-121 and SS 14.1-122.1 of the Code
of Virginia to allow the court to assess a fee of $5.00 for City Attorneys who
prosecute misdemeanors in Circuit Courts. Additionally, SS 14.1-88 of the Code of
Virginia should be amended to allow such fee only when the City Attorney, or his duly
authorized assistant, actually appears and prosecutes the proceedings before the court.
41 -
14. Ex Fees fo
5 he Case of.the Ptiblic
Comment:
the Code of Virginia I
E)u@ing its 1981 session, the Virginia General Assernbly amended SS 19.2- 63 f
pertaini'ng to the payment of fe@s and
court-appointed CoL;nsel directing that th expenses of
towns, if the defendant ese payments be made by counties, cities, or
is charged '\vith a violation of a county, city, or town
ordinance. Citing this amendment the Attorney Gereral of Virginia has pined that
the costs of defense by the Public Defender must be , 0
are charged with violations of local statutes. paid bl, the locality when pe ,s,n,
This will cost the CitY of Virginia Beac,@ aPProxi,ately $50,000 in payments TO
the Public Defender for the 1983 fiscal year. However, Virginia Beach feels- this cost
is not an appropriate expense that should be borne by t@e city. The Public Defender's
office was established by the Commonwealth and has been funded by tlie
Commonwealth for the 'Da-st ten years. The PuLiic Defender's office was created to
assist localities and its duties do not limit it to one particular type of case.
Therefore, the Commonwealth should provide full funding for tlie Public Defender's
office as was the intent of the law w@en the Commonwe-alth created the office, and
should not require localities to pay court-appointed counsel fees for Public Defenders.
Recommendation:
The Geiieral Assembly should amend SS 19.2-163 of the Code of Virginia to
exempt cases where ind;gents are represented by the Public Defender or his assistant.
4 2 -
15. Pror
Comment:
The 1982 session of the General Assembly enacted legislation allowing cities
having a Population in excess of 100,000 to levy and collect personal property taxes on
motor vehicles, trailers, and boats on a prorated monthly basis wilenever they acqui,e
situs in the.ci@y. This legislation applies to nly eight cities and three counties in the
State of Virginia. All other localities do not have the luthority to prorate t e
collection of personal property taxes. h
The statute Provides for relief and refund of taxes paid where any . motor
vehicle, trailer, or boat loses. its situs within such locality after the tax day or the
day on which it acquires a situs. This does not provide for equity across the state
since an individual paying personal property taxes on a prorated basis withi one
locality may th,, move to another locality which does not prorate taxes n and,
therefore, remain tax free until the end of that year. t I all localities in Virginia
levy and collect persona Un i
I property taxes on a prorat,d monthly basis, refunds stiould
only be granted when an individual moves to a locality which also prorates personal
property taxes.
Recommendation:
The General Assembly should amend SS 58-835.i(A) of the Code of Virgi-nia to
allow for a refund wlien the pei-son ceases to be a resident of the county or city only
if tlie person rnoves to a locality where iie will be subject to a personal property tax
for the balance of the tax year.
4 3 -
16. Boundary Definitions of House Districts
Comment:
The 1981 General Assembly redistricting created five House of Delegates
Districts in Virginia Beach. They are the 81st, 82nd, 83rd, 84tli, and 85th Districts.
These districts are ,ow defined in the Code of Virginia based upon voting precincts
established by City, Cojuncil prior to the redistricting. On June 7, 1982, the Virgin;@a
Beach CitY Council ad usted all of the voting precincts withn the city to follow the
boundaries of the five House Districts created by the General Assembly. This was
done so that no precinct would be split by any House District line. Because of this
change and the addition of several new voting precincts, the-definitions of the five
House Districts in the State Code are technically incorrect. Therefore, tliese
definitions should be updated to reflect the existing voting, precincts as approved by
the Virginia Beach City Council. However, this is a technical change only and would
not affect the boundaries of the five House of Delegates Districts.
Recommendation:
The General Assembly should amend SS 24.1-12.3 of the Code of Virginia to
redefine House Districts 81 through 85 to i-natch existing Virginia Beach voting
precincts.
4 4 -
1 7- Elected School Board with Power of Taxation
Comment:
Cities in Virginia generally have their own individ,al school districts. These
school districts are-run by sch6ol boards, whose members are appointed by the City
Council. Generally, the school operating budget is the largest single expenditure any
City Council must fund. In Virginia Beach, the school budget is 6p@roximately 43% of
the City's entire operating budget, and the City Council must fund approximately 54--
of it or $61 million through local tax revenues. Since school boards do not have the
power to raise taxes ' they are in the unusual position of setting policy for budget
expenditures without having to raise the revenues to pay for those expenditures. With
increasing competition for tax funds between schools and other City services, Virginia
5hould consider the possibility of allowing locally-elected school boa.rds with the power
of taxation.
Recommendation:
The General Assembly should study the advantages and disadvantages of
allowing localit;es the option of having a locally-elected school board which has the
power to raise taxes for school expenditures.
4 5 -
Voting: 9- 1
Council members Voting Aye:
John A. ]Baum, Nancy A. Creech, Harold Heischober,
Vice Mayor Barbara M. Henley, H. Jack Jennings,
Jr., Mayor Louis R. Jones, Robert G. Jones, W. H.
Kitchin, III, and Meyera E. Oberndorf
Council Members Voting Nay:
Reba S. McClanan
Council Members Absent:
J. Henry McCoy, Jr., D.D.S.
- 4 6 -
ITEM #19081(a)
Upon motion by Councilman Heischober, seconded by Councilwoman
Creech, City Council voted to APPROVE ITEM NUMBER ONE of the
Legislative Package as presented (Expanded Sources of Local
Revenues).
Voting: 8-2
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober,
Vice Mayor Barbara M. Henley, Mayor Louis R. Jones,
Robert G. Jones, W. H. Kitchin, III, and Meyera E.
Oberndorf
Council Members Voting Nay:
H. Jack Jennings, Jr., and Reba S. McClanan
Council members Absent:
J. Henry McCoy, Jr., D.D.S.
- 48 -
ITEM #19081(b)
Upon motion by Councilwoman Oberndorf, seconded by Councilman
Heischober, city Council voted to DELETE from the Legislative
Package ITEM NUMBER THREE (Local Option SaleS Tax on Motor Fuels).
Voting: 9-1
Council Members Voting Aye: (to delete)
John A. Baum, Nancy A. Creech, Harold Heischober,
Vice Mayor Barbara M. Henley, H. Jack Jennings,
Jr., Mayor Louis R. Jones, W. H. Kitchin, III,
Reba S. McClanan, and Meyera E. Oberndorf
Council Members Voting Nay:
Robert G. Jones
Council Members Absent:
J. Henry McCoy, Jr., D.D.S.
4 9 -
3. Local Option Sales Tax on Niotor Fuels
Comment:
Virginia Beach had a 1981 population of 272,900, which makes it the largest
city in the State of Virginia. Virginia Beach also has over 2.5 million overnight tour-
ists each year. These two factors create a need for continual upgrading and
improving of city highways. Through the next five years, we have identified tile need
for 104 highway improvement projects at a total cost.of approximately $199,198,339.
In 1981, the State Highway and Transportation Commission adopted a six-year
highway construction program which included only ten higl-iway projects in Virginia
Beach as state projects at a total cost of approximately $55,508,000. The State
Highway Commiss:ion has indicated it cannot meet Virginia Beach's needs through
state funding. Therefore, the only choice currently available to Virginia Beach is to
construct its own highway improvements through the sale of general obligation bonds.
This is not the most equitable way to finance highway improvements since the users
of the highways should pay whenever possible for the use of the roads.
The Virginia Municipal League supports legislation authorizing localities to
impose a two percent retail sales tax on gasoline to provide additional revenues for
local highway construction. In 1980, approximately 66 million gallons of motor fuel
were sold in Virginia Beach. Considering an average retail cost per gallon of $1.35, a
two percent sales tax would @enerate $1,782,000 for highway construction in Virginia
Beach.
Recommendation:
The General Assembly should enact legislation authorizing localities to impose
a two percent sales tax on motor fuels which would be used for hig@lway construction
and maintenance within the locality. ii/ 1 5 8 2
- 5 0-
ITEM #19081(c)
Upon motion Councilman Heischober, seconded by Councilman Jennings,
City Council voted to DELETE from the Legislative Proposals ITEM
NUMBER EIGHT (Disability from Respiratory Disease, Hypertension and
Heart Disease).
Voting: 7-3
Council Members Voting Aye: (for deletion)
Nancy A. Creech, Harold Heischober, Vice Mayor
Barbara M. Henley,' H. Jack Jennings, Jr., Robert
G. Jones, Reba S. McClanan, and Meyera E.
Oberndorf
Council Members Voting Nay:
John A. Baum, Mayor Louis R. Jones, and W. H.
Kitchin, III
Council Members Absent:
J. Henry McCoy, Jr., D.D.S.
*Vice Mayor Henley advised essentially Item Number Eight is
permitted now; however, it is not "received in the fashion
we would like to have it".
5 1 -
8. Disability from Respirat Heart Disease
Comment:
'ion 65.1-47.1 of th Code of Virginia says in part that the
Sec, e death of or any
condition or impairment of health of firefighters caused by respiratory disease and of
any firefighters, policemen, sheriffs, and city sergeajits caused by hypertension or
heart disease shall be presumed to be' an occupational disease suf f ered in the line of
duty subject to certain limitations. Employees or their beneficiaries who fall ir, this
category mav make claims for benefits under the Workmen's Compensation Act. The
death or impairment of health does riot have to take place oii the job, but is presumed
to be job related.
Since the enactment of this legislation, there have been five police officers and
one firefighter employed bv the City of Virginia Beacil to file disability claims under
this section. Two of the claims were definitely job related, hovvever, three police
officers' claims were questionable. A sixth police officer's claim has been filed but,
as yet, has not been accepted or denied as compensable. Under Section 65.1-47.1, the
courts have upheld the presumption of heart disease and hypertension for police
officers to be almost irrefutable. In the past, legislation has been introduced which
would have allowed the State Industrial Commission greater leeway to determine that
a preponderance of evidence did exist that such disability was not job related.
However, iione has been siiccessful.
Recommendation:
The General Assembly sho,,lld amend Section 65.1-47.1 of the Code of Virginia
to state that heart and lung disabilities for firefighters and police officers which are
presumed to be job related, may be refuted when competent evidence indicates such
impairment did not arise out of the line of duty. I I/ 1 5 / 8 2
- 5 2 -
ITEM #19081(d)
Upon motion by Councilwoman Oberndorf, seconded by Councilman
Heischober, City Council voted to APPROVE IIIEM NUMBER TEN
of the Legislative Proposals as presented (Improvements to
Highways Adjacent to Subdivisions).
Voting: 8-2
Council Members Voting Aye:
Nancy A. Creech, Harold Heischober, Vice Mayor
Barbara M. Henley, Mayor Louis R. Jones, W. H.
Kitchin, III, Reba S. McClanan, and Meyera E.
Oberndorf
Council Members Voting Nay:
John A. Baum, and H. Jack Jennings, Jr.
Council Members Absent:
J. Henry McCoy, Jr., D.D.S.
5 3 -
Improvements to Highways Adjacent to Subdivisions
Comment:
On October 5, 1979, the Supreme Court of Virginia ruled in the case of Hylton
Enterpri ses, Inc. vs. the Board of Supervisors of Prince William County, et al, on the
question of whether a local governing body may require as a prerequisite to approval
of a subdivision plat that the developer construct improvements to existin- public
hi@hways that abut the subdivision. The court held that in the absence of an
agreement to the contrary, the enabling statutes in Virginia provide no express
authority to exact the cost of these improvements from the developer. The court
made its findings based on the following determinations of the applicable statutes:
(1) The authorization under the enabling zoning statutes to ensure adequate
access to residential planned communities does not imply authorization
to extract payment for improvements to existing public highways.
(2) The authority granted by the statutes to localities to coordinate streets
within a subdivision does not imply such authority to require these
improvements.
In Virginia Beach, developers submit an average of forty new subdivision
requests per month. Most of these subdivisions occur in the undeveloped portion of
the city which consists of narrow two-lane farm-to-market roads. The subdivisions
and developments adjacent to these two-lane roads clearly add to their traffic
volume and increases the need to improve them. Therefore, developers of property
adjacent to existing roads should be required to participate in the cost of up@rading
and improving the roads.
Recommendation:
The General Assembly should amend SS 15.1-466(j) of the Code of Virginia to
allow localities to require a subdivider of land to pay his pro rata share of the cost of
providing reasonable and necessary roads outside the limits of the property he is
developing. The cost sharing should be based upon a formula which adheres to an
established street improvement program and is coordinated with the comprehensive
plan of the locality.
1 1/ 15 /8 2
- 5 4 -
ITEM #19081(e)
Upon motion by Councilman Jennings, seconded by Councilwoman
Oberndorf, City Council voted to INCLUDE in the Legislative
Proposal ITEM NUMBER EIGHTEEN (Proposed Contraband Forfeiture
Act).
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober,
Vice Mayor Barbara M. Henley, H. Jack Jennings,
Jr., Mayor Louis R. Jones, Robert G. Jones, W. H.
Kitchin, III, Reba S. McClanan, and Meyera E.
Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
J. Henry McCoy, Jr., D.D.S.
5 5 -
Proposed Contraband Forfeiture Act
Comment:
All busine5ses need money and property to create products, to deliver them to
their customers, to promote sales, and to grow. Criminal businesses are no different.
Drug dealers need money and property to produce and market their contraband goods.
Drug trafficking is big business and is organized to earn huge profits. Each year,
Americans spend almost $80 billion to buy illicit drugs. Money and property are at
the heart of this illegal business. One way to combat this problem and to be
successful a-ainst drug traffickers is to raid their treasurie5 and confiscate their
ill-gotten wealth. The power to confiscate the financial resources of criminals exists
in the ancient Law of Forfeiture.
Section 4-56 of the Code of Virginia establishes a procedure for the search,
seizure, and forfeiture of conveyances or vehicles used in violation of law, but this
act was adopted almost 50 years ago and was aimed primarily at confiscation of
bootleg whiskey. It is very cumbersome for prosecutors and law enforcement agencies
to use against the growing drug trade. The act also provides that most of the
forfeited contraband be deposited into the State Literary Fund.
In 1981, the Federal Drug Enforcement Administration seized $54.4 million in
drug related assets and used these assets to finance criminal investi@.ations. It is
certainly logical to use confiscated drug funds and assets to offset the high cost of
drug law enforcement. The Virginia Beach Police Department recovers and turns in to
the State Treasury a minimum of $30,000 annually through investigations of dru- and
other illegal activities. If the State Code were amended to allow drug monies to go
back to the local law enforcement agency which confiscated it, the probability exists
that drug law enforcement may eventually pay its own way.
Recommendation:
The General Assembly should amend the Code of Virginia to enact a Contraband
Forfeiture Act which allows the local law enforcement agency to seize any
contraband article or property. The contraband should automatically become the
property of the Commonwealth of Virginia and then turned over to the law enforcement
agency which originally confiscated it for use in controlling drug trafficking and other
illegal activities.
1IJ15/82
5 5 -
Proposed Contraband Forfeiture Act
Comment:
All businesses need money and property to creaie products, to deliver them to
their customers, to promote sales, and to grow. Criminal businesses are no different.
Drug dealers need money and property to produce and market their contraband goods.
Drug trafficking is big business and is organized to earn huge profits. Each year,
Americans spend almost $80 billion to buy illicit drugs. Money and property are at
the heart of this illegal business. One way to combat this problem and to be
successful a.-ainst drug traffickers is to raid their treasuries and confiscate their
ill-gotten wealth. The power to confiscate the financial resources of criminals exists
in the ancient Law of Forfeiture.
Section 4-56 of the Code of Virginia establishes a procedure for the search,
seizure, and forfeiture of conveyances or vehicles used in violation of law, but this
act was adopted almost 50 years ago and was aimed primarily at confiscation of
bootleg whiskey. It is very cumbersome for prosecutors and law enforcement agencies
to use against the growing drug trade. The act also provides that most of the
forfeited contraband be deposited into the State Literary Fund.
In 1981, the Federal Drug Enforcement Administration seized $54.4 million in
drug related assets and used these assets to finance criminal investi-ations. It is
a
certainly logical to use confiscated drug funds and assets to offset the high cost of
drug law enforcement. The Virginia Beach Police Department recovers and turns in to
the State Treasury a minimum of $30,000 annually through investigations of dru-. and
other illegal activities. If the 5tate Code were amended to allow drug monies to go
back to the local law enforcement agency which confiscated it, the probability exists
that drug law enforcement may eventually pay its own way.
Recommendation:
The Ge*neral Assembly should amend the Code of Virginia to enact a Contraband
Forfeiture Act which allows the local law enforcement agency to seize any
contraband article or property. The contraband should automatically become the
property of the Commonwealth of Virginia and then turned over to the law enforcement
agency which originally confiscated it for use in controlling drug trafficking and other
illegal activities.
ll.jl5j82
- 56 -
P L A N N I N G A C E N D A
ITEM 11-H.1 ITEM #19082
Attorney Harry J. Hicks represented the applicant
George Freeman spoke in opposition
Upon motion by Councilwomaii Oberndorf, seconded by Councilwoman
McClanan, City Council voted to uphold the recommendation of the
Planning Commission and DENY the application of GUILLERMO E. AND
BLANDINE M. ESPEJO for a Change of Zoning District Classification
as per the following:
Ordinance upon application of Guillermo E. and Blandine
M. Espejo for a Change of Zoning District Classification
from R-8 Residential District to A-1 Apartment District
on certain property located on the West side of Baxter
Road, 779.68 feet North of Ewell Road. Said parcel is
known as Lot 7, Map of A. W. Cornick's Kempsville Farm
and contains 6.377 acres. KEMPSVILLE BOROUGH.
Voting: 9-1
Council Members Voting Aye: (for denial)
Nancy A. Creech, Harold Heischober, Vice Mayor
Barbara M. Henley, H. Jack Jennings, Jr., Mayor
Louis R. Jones, Robert G. Jones, W. H. Kitchin,
III, Reba S. McClanan, and Meyera E. Oberndorf
Council Members Voting Nay:
John A. Baum
Council Members Absent:
J. Henry McCoy, Jr., D.D.S.
- 5 7 -
ITEM II-H.2 ITEM #19083
James Leakou, Principal Owner in Christopher Development Company,
spoke requesting deferral
Upon motion by Councilman Jennings, seconded by Councilwoman
Creech, City Council voted to DEFER ONE WEEK (November 22, 1982)
the application of CHRISTOPHER DEVELOPMENT COMPANY for a Change
of Zoning District Classification as per the following:
ordinance upon application of Christopher Development
Company, for a Change of Zoning District Classification
from B-2 Community-Business District to A-2 Apartment
District on certain property located on the South side
of Baxter Road beginning at a point 820 feet more or
less West of independence Boulevard, running a distance
of 643.50 feet along the South side of Baxter Road,
a distance of 822.11 feet in a Southeasterly direction,
running a distance of 188.21 feet in a Northerly direction,
running a distance of 477.32 feet in a Northeasterly
direction and running a distance of 685.77 feet in a
Northwesterly direction. Said parcel contains 10.220
acres. KEMPSVILLE BOROUGH.
Voting: 10-0
Council Members Voting Aye: (for deferral)
John A. Baum, Nancy A. Creech, Harold Heischober,
Vice Mayor Barbara M. Henley, H. Jack Jennings,
Jr., Mayor Louis R. Jones, Robert G. Jones, W. H.
Kitcbin, III, Reba S. McClanan, and Meyera E.
Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
J. Henry McCoy, Jr., D.D.S.
- 5 8 -
ITEM II-H.3 ITEM #19084
John Waters, 1461 Kempsville Road, spoke in opposition
Upon motion by Councilwoman Oberndorf, seconded by Councilman
Jennings, City Council voted to uphold the recommendation of
the Planning Commission and DENY the application of KEITH G.
AND JOANN SHIFFER for a Chanqe of Zoning District Classification
as per the following:
ordinance upon application of Keith G. and Joann Shiffer
for a Change of Zoning District Classification from R-8
Residential District to B-2 Community-Business District
on certain property located on the West side of Kempsville
Road beginning at a point 900 feet more or less South of
Indian River Road, running a distance of 111.17 feet along
the West side of Kempsville Road, running a distance of
352.39 feet along the Southern property line, running a
distance of 153.30 feet along the Western property line
and running a distance of 310.38 feet along the Northern
property line. Said parcel is located at 1453 Kempsville
Road and contains 40,946 square feet. KEMPSVILLE BOROUGII.
Voting: 10-0
Council Members Voting Aye: (for denial)
John A. Baum, Nancy A. Creech, Harold Heischober,
Vice Mayor Barbara M. Henley, H. Jack Jennings,
Jr., Mayor Louis R. Jones, Robert G. Jones, W. H.
Kitchin, III, Reba S. McClanan, and Meyera E.
Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
J. Henry McCoy, Jr., D.D.S.
- 5 9 -
ITEM II-H.4 ITEM #19085
Father Joseph L. Clark represented the applicant
Upon motion by Councilwoman Oberndorf, seconded by Councilman
Baum, City Council voted to uphold the recommendation of the
Planning Commission and APPROVE the application of WALTER F.
SULLIVAN, BISHOP OF RICHMOND, AND HIS AGENT, REVEREND JOSEPH
L. CLARK, PASTOR OF ST. MARK'S CATHOLIC CHURCH for a Conditional
Use Permit as per the following:
ORDINANCE UPON APPLICATION OF WALTER F. R01182497
SULLIVAN, BISHOP OF RICHMOND, AND HIS
AGENT, REVEREND JOSEPH L. CLARK, PASTOR
OF ST. MARK'S CATHOLIC CHURCH FOR A
CONDITIONAL USE PERMIT FOR A CHURCH
BE-It ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
ordinance upon application of Walter F. Sullivan, Bishop
of Richmond, and his agent Reverend Joseph L. Clark, Pastor
at St. Mark's Catholic Church for a Conditional Use Permit
for a church on certain property located on the West side
of Kempsville Road beginning at a point 1805 feet more or
less South of Indian River Road, running a distance of 335
feet along the West side of Kempsville Road, running a
distance of 985 feet along the Southern property line,
running a distance of 252 feet along the Western property
line and running a distance of 969 feet along the Northern
property line. Said parcel is located at 1505 Kempsville
Road and contains 6.58 acres. KEMPSVILLE BOROUGH.
Approval is subject to the following provisions in con-
junction with the intended use of the land:
1. City water and sewer.
2. A revised site plan depicting detailed parking area
dimensions, etc.
This Ordinance shall be effective from date of adoption.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the Fifteenth day of November, 1982.
6 0 -
Voting: 10-0
Council Members Voting Aye:
John A. BaLun, Nancy A. Creech, Harold Heischober,
Vice Mayor Barbara M. Henley, H. Jack Jennings,
Jr., Mayor Louis R. Jones, Robert G. Jones, W. H.
Kitchin, III, Reba S. McClanan, and Meyera E.
Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
J. Henry McCoy, Jr., D.D.S.
- 61 -
ITEM Il-H.5 ITEM #19086
Sandy Schonk, Vice President, Urban-Lite, Inc., represented the
applicant
Earl Hanbury, Creative Displays, spoke concerning this matter.
Upon motion by Councilwoman Oberndorf, seconded by Councilman
Heischober, City Council voted to DEFER the application of
URBAN-LITE, INC., for a Conditional Use Permit until communication
has been received from Paula Collins regarding the "hold harmless
situation", appearance in the Courts to satisfy the lease and the
City Attorney is to discuss this matter with Mrs. Collins'
Attorney. This matter will be heard December 6, 1982.
Ordinance upon application of URBAN-LITE, INC., for a
Conditional Use Permit for three 14'x 48' billboards
on certain property located on the South side of Virginia
Beach Boulevard, West of Rosemont Road on Lots 1-4 and
16-20, Block 5; Lots 1-12 and 16-29, Block 7 and Lots
1-8 and 18-24, Block 21 as shown on the plat entitled
"A part of Deal No. 1 and Deal No. 2" and recorded in
the Office of the Clerk of Circuit Court in Map Book
41, Page 9. Said parcels contains 3.766 acres.
KEMPSVILLE BOROUGH.
Voting: 10-0
Council Members Voting Aye: (for deferral)
John A. Baum, Nancy A. Creech, Harold Heischober,
Vice Mayor Barbara M. Henley, H. Jack Jennings,
Jr., Mayor Louis R. Jones, Robert G. Jones, W. H.
Kitchin, III, Reba S. McClanan, and Meyera E.
Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
J. Henry McCoy, Jr., D.D.S.
- 6 2 -
ITEM II-H.6 ITEM #19087
Upon motion by Vice Mayor Henley, seconded by Councilman Heischober,
City Council voted to DEFER ONE WEEK (November 22, 1982) the
application of RED ROOF INNS, INC., for a Conditional use Permit
as per the following:
Ordinance upon application of Red Roof Inns, Inc., for
a Conditional Use Permit for a 109-unit motel on property
located 591 feet East of the intersection of Newtown Road
and Greenwich Road, running a distance of 385 feet along
the Northern property line, running a distance of 430 feet
along the Eastern property line, running a distance of
166 feet in a Westerly direction, running a distance of
270 feet in a Northerly direction, running a distance of
217 feet in a Westerly direction and running a distance
of 166 feet alonq the Western property line. Said parcel
contains 2.4 acres. BAYSIDE BOROUGH.
Voting: 10-0
Council Members Voting Aye: (for deferral)
John A. Baum, Nancy A. Creech, Harold Heischober,
Vice Mayor Barbara M. Henley, H. Jack Jennings,
Jr., Mayor Louis R. Jones, Robert G. Jones, W. H.
Kitchin, III, Reba S. McClanan, and Meyera E.
Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
J. Henry McCoy, Jr., D.D.S.
- 6 3 -
ITEM II-H.7 ITEM #19088
Attorney Donald H. Rhodes represented the applicant
Upon motion by Councilman Jennings, seconded by Councilwoman McClanan,
City Council voted to DEFER FOR THREE WEEKS (December 6, 1982)* the
application of R. WAYNE RUSBULDT AND RUTH ANNE RUSBULDT for a
Conditional Use Permit as per the following:
ordinance upon application of R. Wayne Rusbuldt and Ruth
Anne Rusbuldt for a Conditional Use Permit for a
communications tower on certain property located on the
West side of Rusbuldt Lane (formerly Meadow Drive)
beginning at a point 1050 feet more or less Southwest
of Salem Road. Said parcel is known as Lots 17, 18,
19, 20, Salem Acres and contains 4.47 acres. PRINCESS
ANNE BOROUGH.
Voting: 10-0
Council Members Voting Aye: (for deferral)
John A. Baum, Nancy A. Creech, Harold Heischober,
Vice Mayor Barbara M. Henley, H. Jack Jennings,
Jr., Mayor Louis R. Jones, Robert G. Jones, W. H.
Kitchin, III, Reba S. McClanan, and Meyera E.
Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
J. Henry McCoy, Jr., D.D.S.
*Attorney Rhodes checked his calendar and came back to request Council
extend the Deferral until December 13, 1982. Request granted.
Councilman Kitchin requested the City Manager address all items
in the R. WAYNE AND RUTH ANNE BUSBULDT application
- 6 4 -
0 R D I N A N C E S
ITEM II-I.1 ITEM #19089
Dr. Daniel Dickerson, Westminister Canterbury, spoke in favor
of the proposed Ordinances
Honorable Porter Hardy spoke on this matter
Arthur R. Grau, 2209 Starfish Road, spoke on this matter.
Upon motion by Councilman Jennings, seconded by Councilman Baum,
City Council voted to DEFER FOR THREE WEEKS (December 6, 1982)
the following Ordinances:
Ordinance to amend and reordain Section 6-3
of the Code of the City of Virqinia Beach,
Virginia, pertaining to playinq ball, using
frisbee, etc., on beach.
ordinance to amend and reordain Section 6-6
of the Code of the City of Virginia Beach,
Virginia, pertaining to taking food or drink
on beach or adjacent streets.
Ordinance to amend and reordain Section 12-5
of the Code of the City of Virginia Beach,
Virginia, pertaining to fires on beaches.
Ordinance to amend and reordain Article III,
Section 36-57 of the Code of the City of Virginia
Beach, Virginia, by adding Subsection (3) thereto
pertaining to parking or stopping of Charter Buses.
Voting: 10-0
Council Members Voting Aye: (for deferral)
John A. Baum, Nancy A. Creech, Harold Heischober,
Vice Mayor Barbara M. Henley, H. Jack Jenninqs,
Jr., Mayor Louis R. Jones, Robert G. Jones, W. H.
Kitchin, III, Reba S. McClanan, and Meyera E.
Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
J. Henry McCoy, Jr., D.D.S.
6 5 -
Requested by: Councilman Jennings
AN ORDINANCE TO AMEND AND REORDAIN
SECTION 6-3 OF THE CODE OF THE CITY
OF VIRGINIA BEACH PERTAINING TO
PLAYING BALL, USING FRISBEE, ETC.,
ON BEACH.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
That Section 6-3 of the Code of the City of Virginia
Beach is hereby amended and r6ordained to read as follows:
Section 6-3. Playing ball, using frisbee, etc., on beach.
It shall be unlawful for any person to engage in ball
playing or the use of a frisbee or any activity of like kind
which may endanger the safety of others on the sand beach, the
boardwalk and the grassy area west of the boardwalk to the
property lines from Rudee Inlet on the south to 42nd street on
the north or on the sand beach on the Chesapeake Bay lying
between Great Neck Road on the east and Kleen Street on the west
from 10:00 a.m. to 6:00 p.m. from May fifteenth to September
thirtieth of each year.
Adopted by the Council of the City of Virginia Beach,
virginia, on the_ day of 1982.
9/30/82
(D) DEFERRED THREE WEEKS: November 15, 1982
T-
SIGNATURE
-IEPAR-@@,@ENT
- 6 6 -
Requested by: Councilman Jennings
AN ORDINANCE TO AMEND AND REORDAIN
SECTION 6-6 OF THE CODE OF THE CITY
OF VIRGINIA BEACH PERTAINING TO
TAKING FOOD OR DRINK ON BEACH OR
ADJACENT STREETS
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
That Section 6-6 of the Code of the City of Virginia
Beach is hereby amended ind r6ordained to read as follows:
Section 6-6. Taking food or drink on beach or adjacent streets.
It shall be unlawful for any person to take or carry
upon the sand beaches or upon any public street or right-of-way
adjacent to any of the sand beaches within the Borough of
Virginia Beach, or upon the beach
Fi5h4ng-pier on the Chesapeake Bay lyinq between Great Neck Road
on the east and Kleen Street n the west, or the beach at Little
Island Park--Sandbridge, any glass, bottle, can, cup, paper bag,
paper box, wooden box, basket, styrofoam container or container
of any kind containing alcohol, beverages, soft drinks, food,
nourishment or refreshments of any kind.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the day of 1982.
9/30/82
(D)
DEFERRED THREE WEEKS: November 15, 1982
APPRO'V@1) To
- 67 -
Requested by: Councilman Jennings
AN ORDINANCE TO AMEND AND REORDAIN
SECTION 12-5 OF THE CODE OF THE CITY
OF VIRGINIA BEACH PERTAINING TO FIRES
ON BEACHES
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
That Section 12-5 of the Code of the City of Virginia
Beach is hereby amended alnd reordained to read as follows:
Section 12.5. Fires on beaches.
It shall be unlawful and a Class 1 misdemeanor for any
.person to set fire to or to procure another to set fire to any
wood, brush, logs, leaves, grass, debris or other flammable
material at any time on the sand beach of the Atlantic Ocean in
the Borough of Virginia Beach or on the sand beach on the
Chesapeake Bay lying between Great Neck Road on the east and
Kleen Street on the west or between the hours of 11:00 p.m. and
9:00 a.m. on any day on the sand beaches of the Atlantic Ocean
and Chesapeake Bay in the Boroughs of Bayside, Lynnhaven,
Princess Anne and that portion of the Borough of Pungo extending
north from the southern boundary of the city park at Little
Island in the city.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the day of , 1982.
9/3 0/8 2 DEFERRED THREE WEEKS: November 15, 1982
(D)
6 8 -
REQUESTED BY COUNCILMEMBER: JACK H. JENNINGS
AN ORDINANCE TO AMEND AND REORDAIN
ARTICLE III, SECTION 36-57 OF THE
CODE OF THE CITY OF VIRGINIA BEACH
BY ADDING SUBSECTION (3) THERETO
PERTAINING TO PARKING OR STOPPING
OF CHARTER BUSES
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That Section 36-57 of the Code of the City of Virginia
Beach, Virginia, is hereby amended and reordained as follows:
Section 36-57. Parking or stopping of charter buses.
The parking of any charter bus or stopping of any
charter bus for the purpose of pi@king up or discharging
passengers shall be prohibited from May first to October first of
every calendar year on all municipal parking lots and all public
streets in the following areas:
(1) The Virginia Beach Borough.
(2) An area in the Lynnhaven Borough bounded on
the south by the northern boundary of the
Virginia Beach Borough, on the west by the
Linkhorn Bay and Seashore State Park, on the
north by 89th Street, and on the east by the
Atlantic ocean; including but not limited to
those communities denoted as the North
Virginia Beach, Princess Anne HillS, Bay
Colony and Cavalier Park.
(3) An area in the Lynnhaven Borough bounded on
the south by Long Creek, on the west by the
Lynnhaven Inlet, on the north by the
Chesapeake Bay and on the east by Seashore
State Park.
This Ordinance shall be effective on and after the date
of its adoption.
Adopted by the Council of the City ofA@%@aASSaff@ @.Tr.,'iT,,
Virginia, on the _ day of 1982.
MES/re SIGNATURE
8/10/82 DEFERRED THREE WEEKS: November l,,. lqp1
8/16/82 IEPARTAII@E@\IT
j(D)
APP:ICVE-D AS TORC'
- 69 -
A P P 0 I N T M E N T S
ITEM II-J.1 ITEM #19090
Appointments to the INCINERATOR SITE DEVELOPMENT COMMITTEE will
be rescheduled as Counciimen Jennings and Kitchin will forward
to Council nominees for this Board.
U N F I N I S H E D B U S I N E S S
ITEM II-K.1 ITEM #19091
Admiral Rumble spoke before Council concerning the request of
the Virginia Beach Maritime Historical Museum for funds and
advised he is in agreement with the recommendations of the City
Manager:
1. The Museum not spend funds for any other
purpose than those expenditures enumerated in
the proposed budget.
2. Monthly progress reports be submitted to
the City Manager for review to include:
a. Detailed accounting of expenditures
and revenues for the month
b. Programs conducted, including
attendance and people involved
in the program
C. Daily attendance figures at the
Museum
d. Types of advertising and promotion
projects conducted
e. Fund raising activities conducted,
including the amount of money spent
and raised on each event
f. Any other event of significance
conducted by the Museum which is
directed toward the achievement of
their goals
- 7 0 -
Upon motion by Councilman Heischober, seconded by Councilwoman
Creech, City Council voted to ASSIST the Virginia Beach Maritime
Historical Museum in "our Fiscal Year 1983 in the amount of
$30,000 and reconsider the same $30,000 based upon another
,action plan' and the results of this 'action plan' for PY 1984."
Votinq: 10-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober,
Vice Mayor Barbara M. Henley, H. Jack Jennings,
Jr., Mayor Louis R. Jones, Robert G. Jones, W. H.
Kitchin, III, Reba S. McClanan, and Meyera E.
Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
J. Henry McCoy, Jr., D.D.S.
- 7 1 -
N E W B U S I N E S S
ITEM II-L.1 ITEM #19092
Upon motion by Councilman Baum, seconded by Councilman Jennings,
City Council voted to EXPEDITE Amendment to Section 711 (b) (3)
of the Comprehensive Zon4ng Ordinance to be heard by Planning
Commission on December 14, 1982 and by City Council on
December 20, 1982.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech,* Harold Heischober,
Vice Mayor Barbara M. Henley, B. Jack Jennings,
Jr., Mayor Louis R. Jones, Robert G. Jones, W. H.
Kitchin, Ill, Reba S. McClanan, and Meyera E.
Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
J. Henry McCoy, Jr., D.D.S.
*COUNCILWOMAN CREECH VOICED A VERBAL "AYE"
- 7 2 -
ITEM II-L.2 ITEM #19093
Councilwoman Creech made a motion, seconded by Councilman
Heischober, to EXPEDITE the request of LaQuinta Motor Inn
for a Conditional Use Permit to be heard by the Planning
Commission on December 13, 1982 and by City Council on
December 20, 1982.
Voting: 5-5
Council Members Voting Aye:
Nancy A. Creech, Harold Heischober, Mayor Louis
R. Jones, Robert G. Jones*, and Reba S. McClanan
Council Members Votinq Nay:
John A. Baum, Vice Mayor Barbara M. Henley,
H. Jack Jennings, Jr., W. H. Kitchin, III,
and Meyera E. Oberndorf
Council Members Absent:
J. Henry McCoy, Jr., D.D.S.
*COUNCILMAN JONES VOICED A VERBAL "AYE"
Due to a tie vote the motion was lost.
- 7 3 -
ITEM II-L.3 ITEM #19094
Upon motion by Councilman Jennings, seconded by Councilwoman
Creech, City Council voted to schedule a breakfast workshop
with the City of Virginia Beach's area Legislators to discuss
the Legislative Proposals.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creecb, Harold Heischober,
Vice Mayor Barbara M. Henley, H. Jack Jennings,
Jr., Mayor Louis R. Jones, Robert G. Jones, W. H.
Kitchin, III, Reba S. McClanan, and Meyera E.
Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
J. Henry McCoy, Jr., D.D.S.
7 4 -
A D J 0 U R N M E N T
ITEM II-M.1 ITEM #19095
Upon motion by Vice Mayor Henley, Council adjourned at 5:40 p.m.
Diane M. Hickman, Deputy City Clerk
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City of Virginia Beach,
Virginia
15 November 1982
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