HomeMy WebLinkAboutNOVEMBER 1, 1982 MINUTES
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"WORLD'S LARGEST RESORT CITY"
CITY COUNCIL
MAYOR LOUTS R. JONES, B.,@id@ B.,..gb
VICE-MAYOR BARBARA M. HENLEY. P..g. B.,..gb
10liN A. BAUM. Bi.1k..i@, 8---gb
NANCY A. CREECH, At L.,g.
IIAROLD I[EISCHOBER. At L.,g.
H. JACK JENNINGS, JR., Ly..b.@,. B.,..gb
ROBERT G. JONES. At L.,g@
W. 11. KITCfltN. Ill. Vigi@i. B@-lb
REBA S. M,CLANAN. A.@@ B@,..gb 212 CITY HALL BUILD(@VG
1. HENRY %I,COY, JR., K@.p.@ill@ B.,.-gb MUNICIPAL CEVTER
MEYERA E. OBERNDORF, Al L.,g@ VIRGINIA BEACH, VIRGINIA 23456
RUTH HODGES SMITII, CMC, Cily Cl-lk (804) 42--4 30 3
CITY COUNCIL AGENDA
November 1, 1982
ITEM I INFORMAL SESSION: 12:30 P.M.
A. CALL TO ORDER - Mayor Louis R. Jones
B. ROLL CALL OF COUNCIL
C. MOTION TO RECESS INTO INFORMAL/EXECUTIVE SESSION
D. PRESENTATION/DISCUSSION OF PERTINENT MATTERS
1. Matters for discussion by Mayor.
2. Matters for discussion by Council.
E. CITY MANAGER'S ADMINISTRATIVE ITEMS:
1. Financial Report on Revenues and Expenditures Through
September 30, 1982: Discussion
2. CIP Project Review.
3. Charlestowne Lakes South Subdivision: Discussion of Joint
Sewer and Water Agreement.
4. Review of Consent Agenda.
ITEM II FOF14AL SESSION: 2:00 P.M.
A. INVOCATION: Reverend Riddick Pierce
Diamond Springs Baptist Church
B. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE U14ITED STATES OF AMERICA.
C. ELECTRONIC ROLL CALL OF COUNCIL
D. MINUTES OF PREVIOUS MEETING:
1. Motion to accept/approve the Minutes of Special @feeting of
October 21, 1982 and regular Meeting of October 25, 1982.
E. PRESENTATION
1. Resolution in Memoriam honoring John R. Small, Jr.
presented to Mrs. John R. Small, Jr.
F. 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 and Presentation honoring John R. Small, Jr.
who was Captain of the Princess Anne Plaza Volunteer
Fire Company.
2. Ordinance to amend and reordain Section 35-6 of the Code
of the City of Virginia Beach pertaining to delinquent
personal property taxes; (Deferred 10/25/82 to 11/1/82)
AND,
Ordinance to amend and reordain Section 35-37 of the Code
of the City of Virginia Beach pertaining to delinquent real
estate taxes. (Deferred 10/25/82 to 11/1/82)
3. Ordinance, on SECOND READING, to appropriate funds of
$795,000 to the Water and Sewer Capital Projects Fund for
the connection of County and Kempsville Utility Systems
to the Hampton Roads Sanitation District System.
4. Ordinance to Appropriate Funds, on FIRST READI,NG, of $7,000
for the Establishment of a Tidewater Virginia Alcohol Safety
Action Program (TVASAP) Office at the Virginia Beach Traffic
Court.
5. Ordinance to Authorize a Temporary Encroachment into a portion
of the Right-of-way of North Garnett Point Road to Mr. Coy L.
Cannon, his heirs, assigns and successors in title.
ITEM II F. CONSENT AGENDA (Cont'd)
6. Low bid of Utility Builders, Inc., in the amount of $356,274.36,
for the Princess Anne Road, Phase II Project (CIP 5-937); AND,
authorizirig the City Manager to enter into the necessary agree-
ments for the implementation of this project.
7. Low bid of Makco, Inc., in the amount of $61,860, for the
Proposed Repairs to Guardrail Systems - Group II; AND, authorizing
the City Manager to enter into the necessary agreements for
the implementation of this project.
8. Low bid of Chesapeake Bay Utilities, Inc., in the amount of
$225,552.60, for the Pavilion Drive Project (CIP 2-973); AND,
authorizing the City Manager to enter into the necessary
agreements for the implementation of this project.
9. Low bid of Beach Building Corporation, in the amount of
$466,223, for the Fire Station #18 - Green Run Project (CIP3-500);
AND, authorizing the City Manager to enter into the necessary
agreements for the implementation of this project.
10. Low bid of Xerox for lease/purchase of copiers currently being
rented by the Print Shop. They offer a 12 month purchase plan
at 8% annual interest. Authorize the City Manager to enter
into the necessary agreements for the implementation of this
project.
11. Request of The Mathis Taxi Service, Inc. to operate a wheel-
chair transport service (EMS "Class E vehicle" service) within
the City of Virginia Beach.
12. State-Local Hospitalization Contract:
1981-82 1982-83
Bayside Hospital $186.07 $218.35
13. Request of the City Treasurer for tax refunds in the amount
of $722.66.
G. CAPITAL IMPROVMLENT PROGRAM/ REVENUE SHARING ALLOCATION/
PUBLIC IMPROVEMENT BONDS.
1. Resolution approving the projects listed in the Capital
Improvement Program for the Fiscal Years 1982-1983 through
1986-1987.
2. Ordinance, on FIRST READING, authorizing the issuance of
Public Improvement Bonds of the City of Virginia Beach,
Virginia, in the maximum amount of $19,095,000.
3. Ordinance, on FIRST READING, appropriating $6,241,346 for
various engineering and highway, building, and parks and
recreation projects (Revenue Sharing Allocation).
ITEM II H. PLANNING ITEMS
1. Reconsideration of condition placed on Conditional Use
Permit of Robert H. Braithwaite to operate a landfill
operation on property near Oceana Boulevard which was
approved by Council on January 18, 1982. Request
to allow dumping of organic materials (lot clearing stumps,
etc.) upon his land fill site.
2. Application of Roland W. Storbeck for a Change of Zoning
from B-1 Business-Residential District to B-2 Community
Business District on a 17,859.6-square foot parcel located
along the north side of Princess Anne Road, west of Glebe
Road (Princess Anne Borough). The matter was deferred on
September 27, 1982 and October 11, 1982 Council Meetings.
a. Letter from the City Manager transmits the
recommendation of the Planning Commission
for approval.
3. Application of Guillermo E. and Blandine M. Espejo for a
Change of Zoning from R-8 Residential District to A-1 Apartment
District on a 6.377-acre parcel located along the west side
of Baxter Road, north of Ewell Road (Kempsville Borough).
This matter was deferred on October 18, 1982 Council Meeting.
a. Letter from the City Manager transmits the
recommendation of the Planning Commission
for approval.
4. Ordinance closing, vacating and discontinuing a portion of that
certain street 30 feet wide running north between Hatteras
Road and Citation Drive. Located in Kempsville Borough of
the City of Virginia Beach, Virginia.
a. Letter from the City Manager transmits the
recommendation of the Planning Commission
for approval.
5. Ordinance closing, vacating and discontinuing a portion of
that certain street known as 30' wide road on the west side
of Indian Avenue, south of Maryland Avenue (Lynnhaven Borough).
a. Letter from the City Manager transmits the
recommendation of the Planning Commission
for approval.
I. APPOINTMENTS
1. Appoint Citizens Committee to Study Impact -- State/ Federal
Legislation.
J. UNFINISHED BUSINESS
1. Discussion of Legislative Package.
K. NEW BUSINESS
1. Appeal of Encroachment Denial for Creative Displays.
Mr. F. Sulli-van Callahan will represent as Counsel.
ITEM II L. RECESS FOR EXECUTIVE SESSION: Personnel Matters.
1. Motion to recess into Executive Session.
M. ADJOURNMENT
1. Motion to adjourn.
$PECIAL MEETING
VIRGINIA BEACH CITY COUNCIL
2:00 P.,M.
TUESDAY
November 2, 1982
CITY COUNCIL CHAMBERS
M I N U T E S
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
November 1, 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 1, 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 #18957
Mayor Jones entertained a motion to permit Council to
conduct its INFORMAL SESSION to be followed by an
EXECUTIVE SESSION pursuant to the exemption 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, assignment, appointment, promotion,
performance, demotion, salaries, disciplining or
resignation of public officers, appointees or
employees.
2. PUBLICLY HELD PROPERTY: Discussion or consideration
of the condition, acquisition, or use of real property for
public purpose, or of the disposition of publicly held
property, or of plans for the future of an institution
which could affect the value of property owned or
desirable for ownership by such institution.
3. LEGAL MATTERS: Consultation with legal Counsel or
briefings by staff members, consultants or attorneys,
pertaining to actual or potential litigation, or other
legal matters within the jurisdiction of the public
body.
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
OFFICIAL FUNCTIONS ITEM #18958
The following Council Members attended functions on behalf
of the City during the month of October:
October 5 Council Members Reba S. McClanan, Meyera
E. Oberndorf, H. Jack Jennings, Jr.,
Robert G. Jones and Vice Mayor Barbara M.
Henley attended a tour and orientation of
Seashore State Park hosted by State
officials.
October 5 Councilman John A. Baum attended a field
day on no-till corn, soybeans and wheat
production at the Lyle Pugh Farm in
Chesapeake.
October 8 Councilman J. Henry McCoy, Jr., D.D.S.,
represented the Mayor as a judge for the
float parade at the Kempsville High School
Homecoming.
October 9 Vice Mayor Barbara M. Henley represented
the Mayor at a ceremony held at the
oceanfront honoring Leif Erikson, sponsored
by the Norwegian Lady Foundation.
October 29 Vice Mayor Barbara M. Henley and Council
Member Meyera E. Oberndorf were judges
at a Costume Parade and Contest at the
Fairfield Merchants Association's Annual
Halloween Promotion. All proceeds from the
Promotion were donated to the March of Dimes.
October 30 Council Member Meyera E. Oberndorf
represented the Mayor at the "All
Saints University Benefit Banquet" held
at Norfolk State University.
Councilman Robert G. Jones attended a meeting of JLARC regarding
the highway allocation formula.
Vice Mayor Barbara M. Henley met with Robert Braithwaite
regarding a borrow pit in Oceana.
Councilman W. H. Kitchin, III, met with concerned citizens
regarding the Laskin Road Incinerator Site.
- 4 -
CANCELLED MEETING ITEM #18959
The Mayor advised the City Clerk was in the process of
scheduling Ministers for the Council Meetings in December
and noted the Regular Council Meetings are scheduled for
December 20, 1982 at 2:00 p.m. and December 27, 1982, at
7:00 p.m., and asked if Council wished to cancel the meeting
of December 27, 1982, at 7:00 p.m.
This matter was forwarded to the FORMAL SESSION under
NEW BUSINESS.
MAYOR'S PRAYER BREAKFAST ITEM #18960
The Mayor advised Council he has received several telephone
calls from former Norfolk Councilman Conoly Phillips concerning
the Tidewater Mayors Breakfast on November 18, 1982, at 6:45
a.m., in Scope Exhibition Hall. The tickets are $6.00 for
spouses and the Mayor's Office has the tickets for Council
Members.
HISTORICAL MUSEUM ITEM #18961
The Mayor advised Council that the Virginia Beach Maritime
Historical Museum was having its "First Annual Pig and Oyster
Roast" on Saturday, November 6, 1982 from 4:00 p.m. to 6:00
p.m. The cost is $15.00 per person, with part of the proceeds
going to the Museum.
VIRGINIA MUNICIPAL LEAGUE ITEM #18962
The Mayor advised only two Council Members have responded
to the invitation of the Virginia Municipal League's Regional
Legislative Forum, on November 17, 1982, at 6:00 p.m., at
the Omni Hotel in Norfolk, Virginia.
The Mayor requested Council notify the Mayor's Office if
they plan to attend the Forum as arrangements have to
be made.
- 5 -
FOX RUN DITCH ITEM #18963
The Mayor asked the City Manager if he was going to discuss
the Fox Run Ditch today (November 1, 1982), during the
Capital Improvements Program discussion?
The City Manager replied in the affirmative.
M A T T E R S B Y C 0 U N C I L M E M B E R S
.20TH BIRTHDAY CELEBRATION ITEM #18964
Vice Mayor Henley reported to Council on the plans for the
City to celebrate its 20th Birthday honoring the Merger in
1963. The Committee appointed by the Mayor consists of:
Vice Mayor Barbara M. Henley, Chairman
Councilwoman Reba S. McClanan
Councilman Robert G. Jones
Mr. Giles G. Dodd, Advisor
Vice Mayor Henley advised Council of the tentative plans:
1. During the first meeting in January of 1983,
Council approve a Proclamation proclaiming
the week of April 24, 1983, as the week of
celebration for the birthday
2. Have a Special Meeting of Council either
Sunday, April 24 or Monday, April 25
3. Would like to hold a meeting at the Pavilion
to recognize persons who worked on the merger,
the last Council of Virginia Beach and Board
of Sueprvisors of Princess Anne County and
the first Council of the new City of Virginia
Beach
4. Video tape interviews with some of the persons
who worked on the merger as there are many
interesting stories. Cox Cable has agreed to
tape and help with promotions.
- 6 -
5. Would like to have a slide presentation of the
First Twenty Years of Virginia Beach. The
School Board and Economic Development
will work on this aspect of the celebration.
6. Councilwoman McClanan will be coordinating
the entertainment for Recognition Night.
7. Would like to have a "City Hall Day" using
as a basic theme, "What Was the City in 1963"
and "What We Are Now"
8. Oceana will be celebrating their 40th birthday
from 1943 to 1963 when the Base was enlarged
Vice Mayor Henley further noted in 1883 the Railroad was
completed in Virginia Beach, which was the beginning of
tourism to this area, and tying the 100th birthday of
tourism with the City's celebration of its 20th has been
a complicating factor but one the City is pleased to be
involved with.
MOCK ELECTION ITEM #18965
Councilman Jennings advised Council of the Mock Election
held by First Colonial High School on October 28, 1982
and requested other schools throughout the City try to
follow their lead.
Councilman Jones advised that Councilman Jennings' son
coordinated the affair.
-LEGISLATIVE MEETING ITEM #18966
Councilman Jones advised that he and the City Attorney attended
the Virginia Municipal League's Legislative Committee meeting
on Wednesday, October 27, 1982. The critical thing for the
City of Virginia Beach and the Legislature is House Joint
Resolution 105, which is the study of the mandates of the
Legislature upon the localities and the overall fairness to
Cities by the Legislature.
Councilman Jones asked Council Members to support the VML
and attend their meeting at Scope in Norfolk at 6:00 p.m.
November 17, 1982.
JLARC ITEM #18967
Councilman Jones advised there will be a JLARC Meeting on
November 15, 1982, in Richmond, Virginia.
- 7 -
COUNTRY INNS ITEM #18968
Councilwoman McClanan presented to Council the proposed
Ordinances amending Article 1, Section 111, Article 4,
Section 401(a) and Article 4, Section 404 of the
Comprehensive Zoning Ordinance concering COUNTRY INNS and
requested they be placed on the Council Agenda of November 8,
1982.
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
FINANCIAL REPORT ITEM #18969
The City Manager presented Council a copy of the Financial
Report and introduced Giles G. Dodd, Assistant to the City
Manager for Finance who reported on this matter.
Mr. Dodd advised Council of a letter he wrote to the City
Manager concerning Revenue and Expenditures through
September 30, 1982, (E-1) and the Financial Statement
(E-1a).
Revenues in the General Fund through September 30, 1982
amounted to $46,399,681 or 25.7% of the total estimated
for the year. This compares favorably with percentages
of total received through September 30, 1982, and 22.9%
through September 30, 1980.
Expenditures and encumbrances through September 30, 1982
are being incurred at a rate less than projected. The
$30,933,273 through September 30, 1982 is 16.5% of the
total appropriated for the year. This compares with
18.7% in FY 1982 and 20.2% in FY 1981.
Revenues in the Water and Sewer fund through September 30,
1982, totaled $4,225,392 or 16.5% of the amount estimated
for the year. This compares with 16.9% in FY 1982 and
18.1% in FY 1981. Even though the percentage in 1982 is
somewhat less than that for similar periods in the previous
two years, it does not necessarily indicate the budgeted
revenues are overstated. It is early in the fiscal year,
however, and the City will continue to monitor these
revenues closely.
Expenditures and encumbrances through September 30, 1982,
totaled $5,842,445 or 22.5% of the total appropriated for
the year. This compares with 20.3% in FY 1982 and 25.6%
in FY 1981.
Revenues in the School Operating Fund, excluding the transfer
from the General Fund, through September 30, 1982, totaled
$12,186,117 or 23.2% of the total estimated for the year. This
compares with 23.1% in FY 1982 and 20.9% in FY 1981. At this
point in the fiscal year, revenue collections appear to be on
line with estimates.
-8-
Expenditures and encumbrances through September 30, 1982
totaled $17,113,151 or 14.8% of the total appropriated
for the year. This compares with 14.0% in FY 1982 and
15.6% in FY 1981.
CAPITAL IMPROVEMENTS PROGRAM ITEM #18970
The City Manager advised the Ordinances and Resolutions
relating to the Capital Improvements Program have been
amended for Council's consideration during the FORMAL
SESSION today (November 1, 1982).
The Resolution approving the projects listed in the Capital
Improvements Program for the Fiscal Year 1982-83 through
1986-87 has been amended to read as follows:
"BE IT FURTHER RESOLVED that the projects
shall be financed from funds to be pro-
vided periodically by City Council and,
until funds are so provided, the projects
are for planning purposes only and may be
deleted, altered or rescheduled in any
manner at any time by City Council."
The City Manager advised there is a revised Ordinance
appropriating FY 1983 Revenue Sharing Funds of $6,241,346,
a revised list of projects to be financed by the Revenue
Sharing Funds and a revised list of projects to be financed
from the 1982 Charter Bond Issue totaling $19,095,000.
The changes to the lists and Ordinances will satisfy the
concerns of Council Members relative to projects they wished
added or deleted:
Deleted: Project 2-701 Providence Road
Phase V $-496,800
Added: Project 2-936 Ferrell
Parkway, Phase IB +375,000
Project 2-988 Computerized
Traffic Signal System + 66,800
Project 3-951 Farmer's
Market - Parking Lot -+ 55,000
Net Change $ -0-
Changes to the 1982 Proposed Charter Bond Issue include:
Deleted: Project 1-918 Emergency
Lighting - Various Schools $ -65,000
Added: Project 3-950 District
Court Addition +65,000
Net Change $ -0-
- 9 -
The City Manager advised "as soon as we can get the item on
the Agenda, with your concurrence, we plan to transfer $155,000
to Project 3-950 District Court Addition and $100,000 to Garden
Park - Incinerator Site from funds which are now available in
Project 2-971 Pavilion Parking Lot. With these changes, we
think the changes suggested by Council will have been incorporated
where the project was to commence within Fiscal 1983. Those
changes which affect later years of the Capital Improvements
Program will be recorded in the final printing of this document".
FOX RUN CANAL ITEM #18971
The City Manager advised there are three different levels
of treatment which could be provided for the Fox Run
Canal:
1. Cutting brush, shrubs and bringing it
to the level it could be maintained by
the property owners at a cost of $10,000
to $15,000
2. Enbankment along the flow of the Canal
about one-third up from the botton with
the angle not too steep - $1.2-Million
3. Pipe a portion of the Canal at a cost
of $2-Million to $2.5-Million
Mrs. Cahill, President of the Fox Run Civic League, spoke
on this matter.
Council directed tbe City Manager to proceed with option
number one.
CHARLESTOWNE LAKES SOUTH ITEM #18972
The City Manager advised Council the first preliminary sub-
division plat for Charlestowne Lakes South was approved by
the City on August 8, 1977. The Virginia Beach - Chesapeake
City Line was incorrectly shown on this plat; the line was
shown 300 to 400 feet south of where it is described in the
City Charter. This discrepancy was found during a boundary
survey performed by the City Surveyor's Office. As a result
of this discrepancy, 54 of the lots in this development are
actually located in Chesapeake.
The developers of Charlestowne Lakes South, Woods Corner
Associates, Ltd., requested on July 13, 1982 that Virginia
Beach supply City water and sewer service to the 54 lots
in Chesapeake.
The City Manager recommended that the developer be notified
the City will not proceed until:
1. There is some demonstrated benefit to the
City of Virginia Beach
-10-
2. The City of Chesapeake notifies Virginia
Beach they wish us to provide this service,
and the criteria they will apply for similar
cases
3. The developer agrees to compensate Virginia
Beach for costs created by this effort.
The City Manager advised he and his Staff will meet with
the City of Chesapeake and report back to Council during
the INFORMAL SESSION of November 8, 1982.
City Council RECESSED into EXECUTIVE SESSION, (2:00 p.m.)
-11-
F 0 R M A L S E S S I 0 N
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
I November 1982
2:20 p.m.
Council Members Present:
John A. Baum, Nancy A. Creech, Harold Heischober,
Vice Mayor Barbara M. Henley, H. Jack Jennings,
Jr., Mayor Louis R. Jones, Robert G. Jones, W. H.
Kitchin, III, Reba S. McClanan, J. Henry McCoy,
Jr., D.D.S., and Meyera E. Oberndorf
Council Members Absent:
None
INVOCATION: Reverend Riddick Pierce
Diamond Springs Baptist
Church
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
- 1 2 -
M I N U T E S
ITEM II-D.1 ITEM #18973
Upon motion by Councilman Baum, seconded by Vice Mayor
Henley, City Council voted to APPROVE the Minutes of
the Special Meeting of October 21, 1982;
AND, the Minutes of the Regular Meeting of October 25,
1982, AS CORRECTED:
Item #18937 - Dr. Charles E;Strede Elstrodt
Item #18942 - Robert J. Scott
is one of the appointed Viewers
V o t i n g 1 1 - 0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober,
Vice Mayor Barbara M. Henley, H. Jack Jennings,
Jr., Mayor Louis R. Jones, Robert G. Jones, W. H.
Kitchin, III, Reba S. McClanan, J. Henry McCoy,
Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
- 1 3 -
ITEM #18974
Mayor Jones announced that Councilwoman Oberndorf is the
first Virginia Beach Council Member to attain the title
of Chairman of the Southeastern Virginia Planning District
Commission.
P R E S E N T A T I 0 N
ITEM II-E.1 ITEM #18975
Mayor Jones read the Resolution in Memorium honoring John R.
Small, Jr., and presented same to:
Mrs. John R. Small, Jr.
Mrs. John R. Small, Sr.
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C 0 N S E N T A G E N D A
ITEM II-F. ITEM #18976
Upon motion by Councilwoman Oberndorf, seconded by Vice Mayor
Henley, City Council voted to uphold the recommendation of the
City Manager and ADOPT the CONSENT AGENDA by ONE MOTION.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober,
Vice Mayor Barbara M. Henley, H. Jack Jennings,
Jr., Mayor Louis R. Jones, Robert G. Jones, W. H.
Kitchin, III, Reba S. McClanan, J. Henry McCoy,
Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
- 16 -
RESOLUTION IN MEr4ORIAM
JOHN R. SMALL, JR.
WHEREAS, John R. Small, Jr. responded to duty in answering
a call for the rescue of auto accident victims in a three-car wreck
on the Virginia Beach Expressway in the early hours of October 3,
1982, and without concern for self, climbed into one of the smashed
autos to care for a pinned victim during her rescue via Virginia
Beach Rescue Ambulance and later The Nightingale;
WHEREAS, while the victim was being treated at Norfolk
General Hospital, John returned home and went into cardiac arrest
from which his fellow workers nor Virginia Beach General's medical
team could revive him;
WHEREAS, in the saving of another's life, John gave his
which was typical of his lifestyle. He was a generous, dedicated
and loving husband, father, neighbor, city employee and professional.
He joined the Princess Anne Plaza Volunteer Fire Coinpany, Lifesaving
and Rescue Squad August 1972. He served as Treasurer, Second and
First Lieutenant, Board of Governors' Representative for the Virginia
Association of Volunteer Rescue Squads and was Captain of the Plaza
Squad at his death. He was certified in and instructed various
phases of @ergency Medical Technology. He was recognized as "Squad
Member of the Year" in 1977, '78, '79 and '81. At the tirne of his
death, he was also Vice-President of the Council of Volunteer Rescue
Squads and the @ergency Coronary Care Programs of Virginia Beach,
Safety Officer and Coach of the Princess Anne Plaza Little Teague
and had worked several years with the Plaza Flag Football Team where
he was coaching his son's team this year; and
WHEREAS, in the short span of forty-six years, John lived
and taught others the true meaning of life. His professional dedi-
cation will be a beacon to those who served with him; his unselfish
attitude and caring manner will be a legacy to those who follow him;
and, his memory will challenge those who mourn him.
NOW, THEREFORE, BE IT RESOLVED, that the Virginia Beach
City Council proudly, but sadly, honors the memory of CAPTAIN JOHN R.
SMALL, JR. for his dedication, integrity, industriousness, friendli-
ness and compassion as an employee and as a citizen.
BE IT FURTHER RESOLVED, that the City Clerk is directed to
frame this Resolution for presentation and spread a copy upon the
record of this Formal Session of City Cc>uncil.
Given under my hand and seal this
First day of November, Nineteen
Hundred and Eighty-Two.
Mayor
1 1/1/8 2
- 1 7 -
ITEM II-F.2 ITEM #18978
Upon motion by Councilwoman Oberndorf, seconded by Vice Mayor
Henley, City Council voted to uphold the recommendation of the
City Manager and ADOPT the Ordinance to amend and reordain
Section 35-6 of the Code of the City of Virginia Beach per-
taining to delinquent personal property taxes. This was
deferred October 25, 1982 until today, November 1, 1982.
AND, the Ordinance to amend and reordain Section 35-37 of the
Code of the City of Virginia Beach pertaining to delinquent
real estate taxes. This was deferred October 25, 1982 until
today, November 1, 1982.
Voting: 1 1 - 0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober,
Vice Mayor Barbara M. Henley, H. Jack Jennings,
Jr., Mayor Louis R. Jones, Robert G. Jones, W. H.
Kitchin, III, Reba S. McClanan, J. Henry McCoy,
Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
quested by: Councilman Robert Jones
AN ORDINANCE TO AMEND AND REORDAIN
SECTION 35-6 OF THE CODE OF THE
CITY OF VIRGINIA BEACH PERTAINING
TO DELINQUENT PERSONAL PROPERTY
TAXES.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
That Section 35-6 of the Code of the City of Virginia
Beach is hereby amended and reordained to read as follows:
Section 35-6. Penalty and interest when personal property
taxes not paid on time.
(a) In the event any taxes on personal property are not
paid on or before the time the same are due and payable as set
forth in section 35-5, there shall be added thereto a penalty of
ten (10) percent ot the amount of such unpaid taxes or the sum ot
ten dollars ($10.00), whichever shall be greater, and such taxes
and penalty shall bear interest
due commencing on the first day following the day such taxes were,
due, at the rate of nine and six-tenths (9.6) percent per annum
during the first year such taxes are delinquent, and thereafter
at the rate of eighteen (18%) percent per annum.
(b) The assessment ot a penalty under this section
shail not be deemed a detense to a criminai prosection for
tailing to make such return of taxable property as may be
required by law.
This Ordinance shall be etfective January 1, 1983.
Note: For state authority see Section 58-847, Code of Virginia,
as amended and Section 6621 of the Internal Revenue Code.
10/19/82
(D)
ADOPTED: November 1, 1982
- 1 9 -
Requested by: Councilman Robert Jones
AN ORDINANCE TO AMEND AND REORDAIN
SECTION 35-37 OF THE CODE OF THE
CITY OF VIRGINIA BEACH PERTAINING
TO DELINQUENT REAL ESTATE TAXES.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
That Section 35-37 of the Code of the City of Virginia
Beach is hereby amended and reordained to read as follows:
Section 35-37. Penalty and interest when installment not
paid on time.
(a) In the event any installment of taxes on real
estate is not paid on or betore the time the same is due and
payable as set forth in section 35-36, there shall be added
thereto a penalty of ten (10) percent of the amount of such
unpaid installment or the sum of ten dollars ($10.00), whichever
shall be greater, and such installment and penalty shall bear
interest
commencihg on the
first day following the day such taxes were due, at the rate of
nine and six-tentns (9.6) percent per annum during the first year
such taxes are delinquent, and thereafter at the rate of eighteen
(18) percent per annum.
(b) The assessment of a penalty under this section
shali not be deemed a detense to any criminal prosection for
tailing to make such return of taxable property as may be
required by law.
This Ordinance shall be effective January 1, 1983.
Note: For state authority see Section 58-847, Code of Virginia,
as amended and Section 6621 of the Internal Revenue Code.
0/19/82
(D)
ADOPTED: NOVEMber 1. 1982
- 2 0 -
ITEM II-F.3 ITEM #18979
Upon motion by Councilwoman Oberndorf, seconded by Vice Mayor
Henley, City Council voted to uphold the recommendation of the
City Manager and ADOPT ON SECOND READING the Ordinance to
appropriate funds of $795,000 to the Water and Sewer Capital
Projects Fund for the connection of County and Kempsville
Utility Systems to the Hampton Roads Sanitation District
System.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober,
Vice Mayor Barbara M. Henley, H. Jack Jennings,
Jr., Mayor Louis R. Jones, Robert G. Jones, W. H.
Kitchin, III, Reba S. McClanan, J. Henry McCoy,
Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
- 21 -
AN ORDINANCE TO APPROPRIATE FUNDS OF
$795,000 TO THE WATER AND SEWER CAPITAL
PROJECTS FUND FOR THE CONNECTION OF
COUNTY AND KEMPSVILLE UTILITY SYSTEMS
TO THE HANPTON ROADS SANITATION DISTRICT
SYSTEM
WHEREAS, on June 29, 1982, City Council authorized the
purchase of the County and Kempsville Utility Systems and
indicated its desire to integrate these systems with the
city's sewer system and to connect to HRSD, and
WHEREAS, the construction of two sewage pump stations
and two force mains are necessary to connect these systems
to HRSD, and
WHEREAS, the cost of engineering arxd corxstruction to
complete this work is estimated at $795,000,and
WHEREAS, this project is included in the YY 83-87 Capital
Improvement Program as project 6-924 to be funded from general
appropriation in the 1983 fiscal year.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE
CITY OF VIRGINIA BEACH that funds of $795,000 be appropriated
from Water and Sewer Retained Earnings to the Water and Sewer
Capital Projects Fund for the engineering and construction work
necessary to tie the former County and Kempsville Utility
Systems to HRSD.
This ordinance shall be effective from the date of its
adoption.
Adopted by the Council of the City of Virginia Beach, Virginia
on the FirSt day of November 1982.
FIRST READING: October 25, 1982
SECOND READING: NoVember 1, 1982
- 2 2 -
ITEM II-F.4 ITEM #18980
Upon motion by Councilwoman Oberndorf, seconded by Vice Mayor
Henley, City Council voted to uphold the recommendation of the
City Manager and APPROVE ON FIRST READING the Ordinance to
appropriate funds of $7,000 for the Establishment of a Tidewater
Virginia Alcohol Safety Action Program (TVASAP) Office at the
Virginia Beach Traffic Court.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober,
Vice Mayor Barbara M. Henley, H. Jack Jennings,
Jr., Mayor Louis R. Jones, Robert G. Jones, W. H.
Kitchin, III, Reba S. McC]anan, J. Henry McCoy,
Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
2 3 -
AN ORDINANCE TO APPROPRIATE FUNDS OF
$7,000 FOR THE ESTABLISHMENT OF A
TIDEWATER VIRGINIA ALCOHOL SAFETY
ACTION PROGRAM (TVASAP) OFFICE AT THE
VIRGINIA BEACH TRAFFIC COURT
WHEREAS, the number of Driving Under the Influence (DUI)
arrests in Virginia Beach has increased, resulting in an increase
in the clerical workload of the Virginia Beach Traffic Court, and
WHEREAS, the Virginia Beach General District Court has
requested that TVASAP establish an office within the court to
assist the court with Alcoholic Safety Action Program (ASAP)
cases, and
WHEREAS, TVASAP has determined that the cost to establish
an office including furniture and office machines is $7,000, and
WHEREAS, funds may be appropriated for the cost of the office
from the TVASAP Fund Balance.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH that funds of $7,000 be appropriated from the Fund
Balance of TVASAP to establish a TVASAP office in the Virginia
Beach Traffic Court.
This ordinance shall be effective from the date of adoption.
Adopted by the Council of the City of Virginia Beach on the
ay of 19
First Reading: November 1, 1982
Second Reading:
- 2 4-
-ITEM 11-F.5 ITEM #18981
Upon motion by Councilwoman Oberndorf, seconded by Vice Mayor
Henley, City Council voted to uphold the recommendation of the
City Manager and ADOPT the Ordinance to authorize a temporary
encroachment into a portion of the right-of-way of North Garnett
Point Road to Mr. Coy L. Cannon, his heirs, assigns and successors
in title subject to the following conditions:
1. The owner agrees to remove the encroachment
within 30 days, at his own expense, when
notified by the City to do so.
2. The owner agrees to keep and hold the City
harmless of any liability as a result of
this encroachment.
3. The owner agrees to maintain said encroachment
so as not to become unsightly or hazardous.
Voting: 1 1 - 0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober,
Vice Mayor Barbara M. Henley, H. Jack Jennings,
Jr., Mayor Louis R. Jones, Robert G. Jones, W. H.
Kitchin, III, Reba S. McClanan, J. Henry McCoy,
Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
- 2 5 -
Requested By Department of Public Works
AN ORDINANCE TO AUTHORIZE A TEMPORARY
ENCROACHMENT INTO A PORTION OF THE
RIGHT-OF-WAY OF NORTH GARNETT POINT
ROAD TO MR. COY L. CANNON, HIS HEIRS,
ASSIGNS AND SUCCESORS IN TITLE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That pursuant to the authority and to the extent
thereof contained in Section 15.1-893, Code of Virginia, 1950, as
amended, MR. COY L. CANNON, his heirs, assigns and successors in
title, is authorized to construct and maintain a temporary
encroachment into the right-of-way of North Garnett Point Road.
That the temporary encroachment herein authorized is
for the purpose of constructing and maintaining a fence and that
said encroachment shall be constructed and maintained in
accordance with the City of Virginia Beach Public Works
Department's specifications as to size, alignment and location,
and further that such temporary encroachment is more particularly
described as follows:
An area of encroachment into a portion of
the City's right-of-way known as North
Garnett Point Road, on the certain plat
entitled: "Amended Subdivision of Grand
Lake, Section Two, Bayside Borouqh,
Virginia Beach, Virginia," a copy of
which is on file in the Department of
Public Work and to which reference is
made for a more particular
description.
PROVIDED, HOWEVER, that the temporary encroachment
herein authorized shall terminate upon notice by the City of
Virginia Beach to MR. COY L. CANNON, his heirs, assigns and
successors in title and that within thirty 30 days after such
notice is given, said encroachment shall be removed from the City
right-of-way of North Garnett Point Road and that MR. COY L.
CANNON, his heirs, assigns and successors in title shall bear all
costs and expenses of such removal.
- 2 6 -
AND, PROVIDED FURTHER, that it is expressly understood
and agreed that MR. COY L. CANNON, his heirs, assigns and
successors in title shall indemnify and hold harmless the City of
Virginia Beach, its agents and employees from and against all
claims, damages, losses, and expenses including reasonable
attorney's fees in case it shall be necessary to file or defend
an action arising out of the location or existence of such
encroachment.
AND, PROVIDED FURTHER, that this ordinance shall not be
in effect until such time that MR. COY L. CANNON executes an
agreement with the City of Virginia Beach encompassing the
afore-mentioned provisions.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the 1st day of November 1982.
MES/SM
9/13/82
(29F)
APPROVED AS TO CONTENT
"s T
IIT'l ATTI,@
-2-
- 2 7 -
ITEM II-F.6 ITEM #18982
The following bids have been received for the Princess Anne
Road, Phase II, Project (CIP 5-937):
Utility Builders, Inc. $356,274.36
VICO Construction Company $356,977.82
Suburban Grading & Utilities,
Inc. $386,912.50
Inner-View, Ltd. $396,483.40
A. Stuart Bolling Company, Inc. $422,671.00
Carter-Bell Corporation $430,961.00
A & W Contractors, Inc. $449,102.90
M. E. Wilkins, Inc. $456,917.85
A. Stanley Mundy & Company $483,960.00
ENGINEER'S ESTIMATE $552,072.00
Upon motion by Councilwoman Oberndorf, seconded by Vice Mayor
Henley, City Council voted to uphold the recommendation of the
City Manager and APPROVE the low bid of Utility Builders, Inc.,
in the amount of $356,274.36 for the Princess Anne Road, Phase
II, Project (CIP 5-937) AND authorized the City Manager to enter
into the necessary agreements for the implementation of this
project.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober,
Vice Mayor Barbara M. Henley, H. Jack Jennings,
Jr., Mayor Louis R. Jones, Robert G. Jones, W. H.
Kitchin, III, Reba S. McClanan, J. Henry McCoy,
Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
- 2 8 -
ITEM II-F.7 ITEM #18983
The following bids have been received for the Proposed
Repairs to Guardrail Systems - Group II:
Makco, Inc. $61,860.00
*Anchor Fence of Tidewater -----------
(bid was 45 minutes late
did not open)
City Estimate $61,989.00
Upon motion by Councilwoman Oberndorf, seconded by Vice Mayor
Henley, City Council voted to uphold the recommendation of the
City Manager and APPROVE the low bid of Makco, Inc., in the
amount of $61,860.00 for the proposed repairs to Guardrail
Systems - Group II AND authorized the City Manager to enter
into the necessary agreements for the implementation of this
project.
V o t i n g :1 1- 0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober,
Vice Mayor Barbara M. Henley, H. Jack Jennings,
Jr., Mayor Louis R. Jones, Robert G. Jones, W. H.
Kitchin, III, Reba S. McClanan, J. Henry McCoy,
Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
- 2 9 -
ITEM II-F.8 ITEM #18984
The following bids have been received for the Pavilion
Drive Project (CIP 2-973):
Chesapeake Bay Utilities, Inc. $225,552.60
Warbler Construction Company $229,935.67
Asphalt Roads and Materials,
Inc. $237,565.31
APAC of Virginia $238,786.02
Rea Construction $252,650.98
Suburban Grading & Utilities,
Inc. $275,767.85
ENGINEER'S ESTIMATE $229,698.60
Upon motion by Councilwoman Oberndorf, seconded by Vice Mayor
Henley, City Council voted to uphold the recommendation of the
City Manager and APPROVE the low bid of Chesapeake Bay Utilities,
Inc., in the amount of $225,552.60 for the Pavilion Drive Project
(CIP 2-973) AND authorized the City Manager to enter into the
necessary agreements for the implementation of this project.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober,
Vice Mayor Barbara M. Henley, H. Jack Jennings,
Jr., Mayor Louis R. Jones, Robert G. Jones, W. H.
Kitchin, III, Reba S. McClanan, J. Henry McCoy,
Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
- 30 -
ITEM II-F.9 ITEM #18985
The following bids have been received for the Fire Station
#18 Green Run Project (CIP 3-500):
Beach Building Corporation $466,223.00
Shirley Construction Corporation $470,962.00
G. L. Cline and Son, Inc. $476,869.00
Richard Beach Builder, Inc. $480,276.00
Duke and Associates, Inc. $481,100.00
Whitfield/Gee Construction
Company, Inc. $492,550.00
Hudgins Construction Company $498,721.00
Seaboard Services, Inc. $500,400.00
Mid-Eastern Builders, Inc. $505,500.00
George Jensen, Inc. $505,567.00
W. S. Meadows Engineering, Inc. $506,500.00
Cross Construction $513,144.00
Samuel L. Gibbs Corporation $515,478.00
Beale Construction Company $523,400.00
Creech Development Corporation $525,588.00
ENGINEER'S ESTIMATE $516,000.00
Upon motion by Councilwoman Oberndorf, seconded by Vice Mayor
Henley, City Council voted to uphold the recommendation of the
City Manager and APPROVE the low bid of Beach Building
Corporation, in the amount of $466,223.00 for the Fire Station
#18 - Green Run Project (CIP 3-500) AND authorized the City
Manager to enter into the necessary agreements for the
implementation of this project.
V 0 t i n g :1 1 - 0
- 31 -
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober,
Vice Mayor Barbara M. Henley, H. Jack Jennings,
Jr., Mayor Louis R. Jones, Robert G. Jones, W. H.
Kitchin, III, Reba S. McClanan, J. Henry McCoy,
Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
- 3 2 -
ITEM II-F.10 ITEM #18986
Upon motion by Councilwoman Oberndorf, seconded by Vice Mayor
Henley, City Council voted to uphold the recommendation of the
City Manager and APPROVE the low bid of Xerox for lease/Pur-
chase of copiers currently being rented by the Print Shop,
(They offer a 12-month purchase plan at 8% annual interest)
AND authorized the City Manager to enter into the necessary
agreements for the implementation of this project.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober,
Vice Mayor Barbara M. Henley, H. Jack Jennings,
Jr., Mayor Louis R. Jones, Robert G. Jones, W. H.
Kitchin, III, Reba S. McClanan, J. Henry McCoy,
Jr., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
- 3 3 -
ITEM II-F.11 ITEM #18987
Upon motion by Councilwoman Oberndorf, seconded by Vice Mayor
Henley, City Council voted to uphold the recommendation of the
City Manager and APPROVE the request of The Mathis Taxi Service,
Inc., to operate a wheelchair transport service (EMS "Class
E vehicle" service) within the City of Virginia Beach.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober,
Vice Mayor Barbara M. Henley, H. Jack Jennings,
Jr., Mayor Louis R. Jones, Robert G. Jones, W. H.
Kitchin, III, Reba S. McClanan, J. Henry McCoy
Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
- 34 -
ITEM II-F.12 ITEM #18988
Upon motion by Councilwoman Oberndorf, seconded by Vice Mayor
Henley, City Council voted to uphold the recommendation of the
City Manager and APPROVE the State-Local Hospitalization
Contract for Bayside Hospital as follows:
1981-82 1982-83
Bayside Hospital $186.07 $218.35
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Vice Mayor Barbara
M. Henley, H. Jack Jennings, Jr., Mayor Louis R.
Jones, Robert G. Jones, W. H. Kitchin, III, Reba
S. McClanan, J. Henry McCoy, Jr., D.D.S., and
Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Abstaining:
Harold Heischober
Council Members Absent:
None
- 3 5 -
ITEM II-F.12 ITEM #18989
Upon motion by Councilwoman Oberndorf, seconded by Vice Mayor
Henley, City Council voted to uphold the recommendation of the
City Manager and APPROVE the request of the City Treasurer for
tax refunds in the amount of $722.66.
Voting: 1 1 - 0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober,
Vice Mayor Barbara M. Henley, H. Jack Jennings,
Jr., Mayor Louis R. Jones, Robert G. Jones, W. H.
Kitchin, III, Reba S. McClanan, J. Henry McCoy,
Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
D'iM NO. C.A, 7 36 -
I O/'ll /,q2 E.@
AN ORDINANCE AUTHORIZING TAX REFUNDS
UPON APPLICATION OF CERTAIN PERSONS
AND UPON CERTIFICATION OF THE TREASURER
FOR PAYMENT
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for tax refunds upon certification of the Treasurer are hereby approved:
NAME Tax Type Ticket Excner,;,- Date Penalty [nt. Total
Year of Tax Number tion No. Paid
Pauline M Bel cher 82 RE(2/2) 5733-4 5/25/82 64.80
Security Pacific Mort Co 81 RE(1/2) 38799-7 12/5/80 13.40
Security Pacific Mort Co 81 RE(2/2) 38799-7 6/5/81 13.40
Marie Williams 82 Pkng N/A 7/26/82 10.00
Royal Rent a Car 82 pp 108782-8 6/4/82 79.50
Royal Rent a Car 82 pp 108783-7 6/4/82 44.28
Royal Rent a Car 82 pp 108784-6 6/4/82 511.00
Royal Rent a Car 82 pp 108785-5 6/4/82 64.50
Royal Rent a Car 82 pp 108786-4 6/4/82 64.50
Royal Rent a Car 82 pp 108787-3 6/4/82 58.50
Royal Rent a Car 82 pp 108788-2 6/4/82 64.50
Royal Rent a Car 82 pp 108789-1 6/4/82 75.00
Royal Rent a Car 82 pp 108790-0 6/4/82 53.28
Royal Rent a Car 82 pp 108791-9 6/4/82 60.00
Total 722.66
OCT 22 L.@2
-F L-P,',M
This ordinance shall be effective from date of adoption.
The above abatement(s) totaling
$722 .66 were approved by
the Council of the City of Virginia
Beach on the lstda-y-of NoVember
ed as to form:
Ruth Hodges Smith
City Cler,1/2
torney
- 3 7 -
C A P I T A L I M P R 0 V E M E N T S P R 0 G R A M
REVENUE SHARING ALLOCATION/PUBLIC IMPROVEMENT BONDS
ITEM II-G.2/3 ITEM #18990
ITEMS II-G.2 and II-G.3 WERE TAKEN AS ONE ITEM.
Upon motion by Councilman McCoy, seconded by Councilman
Heischober, City Council voted to APPROVE the School
Projects, in the amount of $6,401.755 of the $19,095,000
Public Improvement Bonds of the City of Virginia Beach.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober,
Vice Mayor Barbara M. Henley, H. Jack Jennings,
Jr., Mayor Louis R. Jones, Robert G. Jones, W. H.
Kitchin, III, Reba S. McClanan, J. Henry McCoy,
Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
- 38 -
ITEM #18990(a)
Upon motion by Councilwoman Creech, seconded by Councilwoman
Oberndorf, City Council voted to APPROVE the Engineering and
Highway Projects in the amount of $8,071,320 (Charter Bonds)
and $4,907,683 (Revenue Sharing Allocation) with the under-
standing Ferrell Parkway will be prioritized over the widening
of Providence Road.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober,
Vice Mayor Barbara M. Henley, H. Jack Jennings,
Jr., Mayor Louis R. Jones, Robert G. Jones, W. H.
Kitchin, III, Reba S. McClanan, J. Henry McCoy
Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
- 3 9 -
ITEM #18990(b)
Upon motion by Councilman McCoy, seconded by Councilman
Heischober, City Council voted to APPROVE the Building
Projects in the amount of $3,930,709 (Charter Bonds) and
$801,563 (Revenue Sharing Allocation).
Voting : 1 1 - 0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober,
Vice Mayor Barbara M. Henley, H. Jack Jennings,
Jr., Mayor Louis R. Jones, Robert G. Jones, W. H.
Kitchin, III, Reba S. McClanan, J. Henry McCoy,
Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
- 4 0 -
ITEM #18990(c)
Upon motion by Councilman Jennings, seconded by Councilwoman
Oberndorf, City Council voted to APPROVE the Parks and
Recreation Projects in the amount of $691,216 (Charter Bonds)
and $532,100 (Revenue Sharing Allocation),.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober,
Vice Mayor Barbara M. Henley, H. Jack Jennings,
Jr., Mayor Louis R. Jones, Robert G. Jones, W. H.
Kitchin, III, Reba S. McClanan, J. Henry McCoy,
Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
- 41 -
ITEM #18990(d)
Upon motion by Councilwoman Creech, seconded by Councilwoman
Oberndorf, City Council voted to APPROVE the Water Projects
in the amount of $4,351,430.
Voting: I I - 0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober,
Vice Mayor Barbara M. Henley, H. Jack Jennings,
Jr., Mayor Louis R. Jones, Robert G. Jones, W. H.
Kitchin, III, Reba S. McClanan, J. Henry McCoy,
Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
- 4 2 -
ITEM #18990(e)
Upon motion by Councilwoman Creech, seconded by Councilman
Jones, City Council voted to APPROVE the Sewer Projects in
the amount of $3,148,570.
Voti ng : 1 1 - 0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober,
Vice Mayor Barbara M. Henley, H. Jack Jennings,
Jr., Mayor Louis R. Jones, Robert G. Jones, W. H.
Kitchin, III, Reba S. McClanan, J. Henry McCoy,
Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
- 43 -
ITEM #18990(f)
Upon motion by Councilwoman Oberndorf, seconded by Councilman
McCoy, City Council voted to uphold the recommendation of the
City Manager and APPROVE ON FIRST READING the Ordinance authorizing
the issuance of Public Improvement Bonds of the City of Virginia
Beach, Virginia, in the maximum amount of $19,095,000 (Charter Bonds);
AND,
APPROVE ON FIRST READING the Ordinance appropriating Six Million
Two Hundred Forty-One Thousand Three Hundred Forty-Six Dollars
($6,241,346) for various Engineering and Highway, Building,
and Parks and Recreation Projects (Revenue Sharing Allocation).
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober,
Vice Mayor Barbara M. Henley, H. Jack Jennings,
Jr., Mayor Louis R. Jones, Robert G. Jones, W. H.
Kitchin, III, Reba S. McClanan, J. Henry McCoy,
Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
4 4 -
AN ORDINANCE AUTHORIZING TFIE ISSUA@ICE
OF PUBLIC ITIPROVE@IENT BONDS OF TEIE
CITY OF VIRGINIA BEACH, VIRGINIA,
IN THE MAXIMUM AMOUNT OF 19,095,000
BE IT ORDAINED BY TliE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA:
1. It is hereby determined to be necessary and expedient for
the City of Virginia Beach, Virginia (the City), to borrow money
to finance construction of and improvements to various public
facilities, all of which will promote @he development and public
welfare of the City, and to issue the City's general obligation
bonds theref6r.
2. Pursuant to the authority of the City Charter and the
Public Fiiiance Act, as amended, there are hereby authorized to be
issued public improvements bonds of the City in the maxi,,num
amount of Nineteen Million Ninety-Five Thousand Dollars
($19,095,000) to provide funds, together N,;it'l tl-ie avai.lable
funds, for the following purposes:
School projects, including planning,
site acquisition and improvement,
construction, enlargement, renovation
and equipping of schools and related
facilities $6,401,755
Parks and recreation projects., including
planning, site acquisition and develop-
ment of new parks 691,216
Engineering and highway projects, includ-
ing right-of-way acquisition, improve-
ment and extension of streets and
highways and studies, design and
construction of drainage systems 8,071,320
Building projects, including planning,
site improvements, construction,
enlargement, renovation and equipping
of various mun'icipal buildings and
facilities, including pavilion, police
precinct office, landfill expansion,
bus garage and office, annimal control
incinerator, energy conservation program,
health department and cominunity college 3,930,709
TOTAL $19,095,000
,'@ny amounts not needed for any of such purposes may be used for
any other of such purposes.
- 4 5 -
3. The bonds sliall bear such date or dates, mature at such
time or times not exceed-irig forty years from their dates, bear
interest at such rate or rates noL, exceeding the maximum rate
permitted by law at the time the bonds are sold, be in such
denomination and form, be executed in such manner and sold at
such time or times and in such manner, including the sale of the
same as one or more separate issues or in combination witla the
sale of general obligation b'onds heretorore or he,-eafter
authorized for similar or other ptirposes, as the Council shall
hereafter provide by appropriate resolution or resolutions.
4. The bonds shall be general obligations of the City for
the payrnent of principal of and intel-est on which its full faith
and credit shall be irrevocab"y pledged.
5. This ordinance shall take effect imniediately.
Appro@led Noierpber 1982.
By
Mayoi:
FIRST READING November 1, 1982
SECOND READING
The undersigned Clerk of the City of Virginia Beach,
Virginia, hereby certifies that the foregoilig constitutes a true
and correct extract from the minutes of a regular meeting of the
Council of the City of Virginia Beach held cn the day of
October, 1982, and the whole thereof so far as applicable to the
matters referred to in such extract.
WITNESS my signature and the seal of the City of Virginia
Beach, Virginia, this day of October, 1982.
Cler rginia
Beach, Virginia
10/20/82
(D)
-2-
AN ORDINANCE APPROPRIATING SIX MILLION
TWO HUNDRED FORTY-ONE THOUSAND THREE
HUNDRED FORTY-SIX DOLLARS ($6,241,346)
FOR VARIOUS ENGINEERING AND HIGHIIAY,
BUILDING, AND PARKS AND RECREATION
PROJECTS (REVENUE SHARING ALLOCATION)
WHEREAS, City Council desires to provide needed engineering
and highway, building, and parks and recreation projects for
the citizens of Virginia Beach, and
WHEREAS, it is anticipated that the city will receive from
Federal Revenue Sharing $6,241,346 in the fourteeiith entitlement
period.
NOW, THEREFORE, BE IT ORDAINED BY TIIE COUNCIL OF THE CITY
OF VIRGINIA BEACH:
That funds to be made available under the Revenue Sharing
Program (State and Local Fiscal Assistance Act of 10,73 amended)
for the period October 1, 1982 through September 30, 1983 be
appropriated for the purposes as indicated below:
Engineerinal and ilighway $4,907,683
Buildings 801,563
Parks and Recreation 532,100
Total $6,241,346
This ordinance shall be in effect from the date of its
adoption.
Adopted by the Council of the City of Virginia Beach,
Virainia on the day of 1982.
FIRST READING: November 1, 1982
SECOND READING:
1,S To CCli -E'IT
- 4 7 -
ITEM II-G.1 ITEM #18991
Upon motion by Councilman Baum, seconded by Councilman
Kitchin, City Council voted to uphold the recommendation
of the City Manager and ADOPT THE REVISED Resolution
approving the projects listed in the Capital Improvement
Program for the Fiscal Year 1982-1983 through 1986-1987.
Voting: 10-1
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober,
Vice Mayor Barbara M. Henley, Mayor Louis R. Jones,
Robert G. Jones, W. H. Kitchin, III, Reba S. McClanan,
J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
H. Jack Jennings, Jr.
Council Members Absent:
None
11/1/82
- 48 -
A RESOLUTION APPROVING THE PROJECTS LISTED
IN THE CAPITAL INFROVEIENT PROGRAM FOR THE
FISCAL YEARS 1982-1983 THROUGH 1986-1987
WHEREAS, the City Manager on October 4, 1982 presented
to City Council the Capital Improvement Program for fiscal
years 1982-1983 through 1986-1987, and
WHEREAS, a public hearing on this document was held by
City Council on October 18, 1982, and
WHEREAS, Council has determined the need for these projects,
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH that the projects for the construction of,
or additions to capital facilities listed in the CIP for
1982-1983 through 1986-1987 are hereby approved as capital
projects.
BE IT FURTHER RESOLVED that the projects shall be
financed from funds to be provided periodically by City Council
and, until funds are so provided, the projects are for planning
purposes only and may be deleted, altered or rescheduled in
any manner at any time by City Council.
Adopted: November 1. 1982
APJI
A,,
- 49 -
P L A N N I N G A G E N D A
ITEM II-H.1 ITEM #18992
Robert H. Braithwaite appeared in behalf of his application
Commander Curtin, NAS-Oceana, spoke in favor
Upon motion by Vice Mayor Henley, seconded by Councilman Baum,
City Council voted to AMEND ITEM NUMBER FIVE of the CONDITIONS
imposed upon the application of ROBERT H. BRAITHWAITE for a
conditional use permit for a landfill approved by City Council
on January 18, 1982:
5. The use of organic materials such as woedi
brush7 shrubs3 er-trees3 paper, cardboard,
ash, and hazardous wastes shall be pro-
hibited land clearing debris such as wood,
brush, shrubs, or trees will be allowed.
Voti ng 11 - 0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober,
Vice Mayor Barbara M. Henley, H. Jack Jennings,
Jr., Mayor Louis R. Jones, Robert G. Jones, W. H.
Kitchin, III, Reba S. McClanan, J. Henry McCoy,
Jr., D.D.S, and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
5 0 -
ITEM II-H.2 ITEM #18993
Upon motion by Councilwoman McClanan, seconded by Councilman
Baum, City Council voted to DEFER ONE WEEK (November 8, 1982)
the application of ROLAND W. STORBECK for a Change of Zo@
District Classification as per the following:
Ordinance upon application of Roland W. Storbeck
for a Change of Zoning 'ct "assi fication
'istrl
from B-1 Business-Resid@ntial District to B-Z
Community-Business District on property located
on the North side of Princess Anne Road beginning
at a point 1150 feet West of Glebe Road, running
a distance of 114.20 feet along the North side of
Princess Anne Road, running a distance of 160.56
feet along the Western property line, running a
distance of 115.37 feet along the Northern pro-
perty line and running a distance of 160.27 feet
along the Eastern property line. Said parcel
contains 17,859.6 square feet. PRINCESS ANNE
BOROUGH.
Voting: 11-0
Council Members Voting Aye: (for deferral)
John A. Baum, Nancy A. Creech, Harold Heischober,
Vice Mayor Barbara M. Henley, H. Jack Jennings,
Jr., Mayor Louis R. Jones, Robert G. Jones, W. H.
Kitchin, III, Reba S. McClanan, J. Henry McCoy,
Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
- 5 1 -
ITEM II-H.3 ITEM #18994
COUNCILWOMAN CREECH LEFT COUNCIL CHAMBERS
George C. Freeman spoke in opposition
Upon motion by Councilwoman McClanan, seconded by Councilwoman
Oberndorf, City Council voted to DEFER FOR TWO WEEKS (November 15,
1982) 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 P-8 Resideirtial
District to A-1 Apartment District on certain
property located on the West side of Baxter Road,
779.68 feet North of Ewell Road. Said parcel is
known as Lot 7, Map of A. W. Cornick's Kempsville
Farm and contains 6.377 acres. KEMPSVILLE BOROUGH.
Voting: 10-0
Council Members Voting Aye: (for deferral)
John A. Baum, Harold Heischober, Vice Mayor
Barbara M. Henley, H. Jack Jennings, Jr.,
Mayor Louis R. Jones, Robert G. Jones, W. H.
Kitchin, III, Reba S. McClanan, J. Henry
McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Nancy A. Creech
*Harry J. Hicks, Attorney for the applicant, arrived at
5:00 p.m. and asked to speak for Mr. Espejo. The Mayor
asked Council's pleasure to reconsider the deferral.
In absence of that reconsideration, Mr. Hicks was advised
the application will be heard on November 15, 1982.
- 5 2 -
ITEM II-H.4 ITEM #18995
COUNCILWOMAN CREECH RETURNED TO COUNCIL CHAMBERS
Attorney Dave Miller represented Mr. and Mrs. David Ellis
Upon motion by Councilman McCoy, seconded by Councilman
Heischober, City Council voted to uphold the recommendation
of the Planning Commission and ADOPT the Ordinance upon
petition of David F. and Tina L. Ellis for the closure
of a portion of an undeveloped 30-foot right-of-way which
runs north from Hatteras Road to Citation Drive, in the
Kempsville Borough.
Approval is subject to the following:
1. Resubdivision of the property and the vacation
of the existing lot lines to avoid the creation
of nonconforming lots and to ensure that all
lots have access to a public street.
2. Compliance with the above-stated conditions
within 180 days, and final approval by City
Council should not take place until all
conditions are met.
Voting: 9 - 2
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 J. Henry McCoy, Jr., D.D.S-
Council Members Voting Nay:
Reba S. McClanan, and Meyera E. Oberndorf
Council Members Absent:
None
5 3 -
ORDINANCE NO.
AN ORDINANCE CLOSING, VACATING AND DISCONTINUING
A PORTION OF THAT CERTAIN STREET 30 FEET WIDE
RUNNING NORTLI BETWEEN HATTERAS ROAD
AND CITATION DRIVE
LOCATED IN KEMPSVILLE BOROUGH OF THE
CITY OF VIRGINIA BEACH, VIRGINIA
WHEREAS, proper notice that David F. and Tina L. Ellis would
make application to the City Council of the City of Virginia Beacii,
Virginia, to have the hereinafter described portion of that certain
undeveloped street, 30 feet wide running North between Hatteras Road and
Citation DRive closed, vacated and discontinuted was duly posted; and
WHEREAS, the Petitioner, as owning part of the property
abutting said street, which is effected by its closure, has requested
that said street be closed; and
WHEREAS, application was made to the City Planning Commission
an(i to tne City Council, and, pursuant to the statutes in such cases
made and provided, the Council appointed Viewers who have reported to
the Council that no inconvenience to the public or to private indivi-
duals would result from such closings, vacating and discontinuance; and
WHEREAS, it is the judgment of the Council that the said street
should be closed, vacated and discontinued;
NOW, THEREFORE, BE IT ORDAli4ED BY THE COUNCIL OF THE
CITY OF VIRGINIA BEACH, VIRGINIA:
Section 1: That the said undeveloped street 30 feet wide
running North between Hatteras Road and Citation Drive described below,
located in the Kempsville Borough of the City of Virginia Beach,
Virginia, is hereby closed, vacated and discontinued, said street not
being needed for public use:
A portion of that certain undeveloped street situate
Virginia Beach, Virginia, known as 1130t
in
Right-of-Way", commencing at the northeast corner of
Parcel B as shown on that certain plat entitled
"Carolanne Farm - Section I @A.B. 47, p. 21-A) where
PICKEW. LYLE. SIEGEL said point abutts the southern line of Citation Drive
DRESCHER & CROSHAW and from said point of beginning running along the
ArrORNEYS AT LAW western boundary of Parcel B S 22' 2311011 W a distance
VIRGINIA BEACH. VA. 23@52 of 226.961 to a pin; thence turning and running in a
westerly direction parauel with the aforementioned
Citation Drive N 60, 001 E a distance of 301 to a
point on the eastern property line of Lot 21, Block
C, "Plat of Huntington - Section 1 CIA.B. 56, p. 19);
thence running along the eastern property line of the
aforementioned Lot 21 in a northerly direction to a
-1-
- 54 -
pin on the southwestern boundary of Lot 1,
Block C, Huntington - Section 1; thence con-
tinuing in a northerly direction along the
western line of Lot 1, N 22'23"10' E a dis-
tance of 142.16' to a point on the eastern
line of Citation Drive; thence turning and
running in a southwesterly direction a dis-
tance of 45' to a pin, which pin is the point
of beginning.
Section 2: A copy of this Ordinance, certified by the
Clerk, shall be spread upon the public records in the Clerk's
Office in the Circuit Court of the City of Virginia Beach,
Virginia and indexed in the name of the City of Virginia Beach
as Grantor.
Section 3: This Ordinance shall be effective thirty
(30) days from date of passage.
6.11.12.C
-2-
- 5 5 -
ITEM II-H.5 ITEM #18996
Attorney Melvin Friedman represented the applicant
Upon motion by Councilman Jennings, seconded by Councilman
Kitchin, City Council voted to uphold the recommendation of
the Planning Commission and ADOPT the Ordinance upon petition
of Lands End Associates, a Virginia Limited Partnership, for
the closure of a portion of a 30-foot right-of-way on the
west side of Indian Avenue, south of Maryland Avenue, in
the Lynnhaven Borough.
Approval is subject to the following:
1. Elimination of that portion of right-of-way
proposed for closure adjoining Indian Avenue
at an acute angle in order to provide for the
further widening of Indian Avenue.
2. The ultimate disposition of this right-of-way
should be by means of purchase rather than
direct conveyance to the adjoining property
owner, subject to determination by the City
Attorney's Office.
3. Submittal to the appropriate City agencies
of an acceptable substitute circulation plan.
4. Compliance with the above-stated conditions
within 180 days, and final approval by City
Council should not take place until all con-
ditions are met.
V o t i n g 11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober,
Vice Mayor Barbara M. Henley, H. Jack Jennings,
Jr., Mayor Louis R. Jones, Robert G. Jones, W. H.
Kitchin, III, Reba S. McClanan, J. Henry McCoy,
Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
- 5 6 -
ORDINANCE NO.
IN THE @IATTER OF CLOSING, VACATING, AND
DISCONTINUING A PORTION OF THAT CERTAIN
STREET KNOWN AS 30' WIDE ROAD, AS SHOWN
ON THAT CERTAIN PLAT ENTITLED, Plat of
Part of Lots 9, 12 & 18, "PLAT OF SUB-
DIVISION OF COL. L. D. STARKE'S FA@l AT
VIRGINIA BEACH, Lynnhaven Borough, Virginia
Beach, Virginia", WHICH PLAT IS RECORDED IN
THE CLERK'S OFFICE OF THE CIRCUIT COURT OF
THE CITY OF VIRGINIA BEACH, VIRGINIA, IN
MAP BOOK 10 AT PAGE 15, WHICH PLAT IS ATTACHED
HERETO.
WHEREAS, it appearing by affidavit that proper notice has been
given by LANDS END ASSOCIATES, a Virginia Limited Partnership, afterwards
referred to as the Applicant, that it would make application to the Council
of thecity of Virginia Beach, Virginia, on August ?,1982, to have the
hereinafter described street discontinued, closed, and vacated: and
IMEREAS, it is the judgment of the Council that said street be
discontinued, closed, and vacated;
NOW, THEREFORE,
SECTION I
BE IT ORDAINED by the Council of the City of Virginia Beach, Vir-
ginia, that the street, afterwards described, be discontinued, closed and
vacated:
ALL of that certain portion of a 30' wide road
situated in the Lynnhaven Borough of the City of
Virginia Beach, Virginia, crossing the property
of LANDS END ASSOCIATES, a Virginia limited part-
nership, from Indian Avenue on the East to the
property of Hudgin Bros., Inc., on the West,
as shown on that certain plat entitled "PLAT OF
PART OF LOTS 9, 12, & 18 PLAT OF SUBDIVISION OF
COL. L. D. STARKE'S FARM AT VIRGINIA BEACH",
dated May 27, 1982, Scale" 1" = 100', prepared
by Wilfred P. Large, Surveying and Planning, Virginia
Beach, Virginia, a copy of which plat is attached to
a deed to the applicant dated May 28, 1982, and is
recorded contemporaneously with the Deed in Deed Book
2204 at page 484, that certain portion of the 30'
wide road being more particularly bounded and des-
cribed by reference to the plat as follows:
Beginning at the point of intersection of the
southern right of way line of Norfolk Avenue
and the western right-of way line of Indian
Avenue; then running S. 06* 35' 00" W., a
distance of 501.50 ' to a point, marked by a
pin; then turning and running S 83* 25' 00" E.,
a distance of 10' to a point, marked by a pin;
then turning and running S. 06@ 35' 00" W., a
distance of 238.51' to a point, marked by a pin;
5 7 -
ORDINANCE NO. Page 2
then turning and running S. 14@ 00' 00" W.,
a distance of 208.14' to a point, marked by
a pin, being the point of beginning; then
turning and running S. 11* 17' 31" E., a
distance of 33.18 ' to a point, marked by a
pin; then turning and running N. 76@ 01' 00" E.,
a distance of 311.07' to a point, marked by a
pin; then turning and running N. 33* 03' 29" W.
a distance of 44.02' to a point marked by a pin;
then turning and running S. 76@ 01' 00" E., a
distance of 329.12' to the point of beginning.
SECTION II
A certified copy of this Ordinance shall be filed in the Office
of thecircuit Court of the City of Virginia Beach, indexed in the name of
the City of Virginia Beach, as grantor.
SECTION III
This Order shall be in effect 30 days from the date of its passage.
- 58 -
A P P 0 I N T M E N T S
ITEM II-I.1 ITEM #18997
Upon nomination by Councilman Jones, City Council APPOINTED
the following to the CITIZENS COMMITTEE TO STUDY THE IMPACT
OF STATE AND FEDERA LEGISLATIVE ACTIONS ON LOCAL GOVERNMENT
subject to their resumes being on file in the City Clerk's
Office*.
Clarence A. Holland, M.D.
Richard H. Kline
Robert I. Lowe
Colonel Edward Lynk
Channing A. Pfeiffer
Attorney Donald H. Rhodes
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober,
Vice Mayor Barbara M. Henley, H. Jack Jennings,
Jr., Mayor Louis R. Jones, Robert G. Jones, W. H.
Kitchin, III, Reba S. McClanan, J. Henry McCoy,
Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
*COUNCILMAN JONES WAS APPOINTED CHAIRMAN BY THE MAYOR ON
AUGUST 2, 1982.
- 5 9 -
U N F I N I S H E D B U S I N E S S
ITEM II-J.1 ITEM #18998
The City Manager introduced David M. Grochmal, Assistant
to the City Manager for Intergovernmental Relations, who
presented information concerning the proposed Legislative
Package.
Mr. Grochmal advised the Legislative Proposals presented
to Council on October 18, 1982 have been modified with
respect to Proposals #8 and #15. An additional Proposal
(#17) has been included in the Package Elected School Board
With Powers of Taxation, (copies of which will be made a
part of these proceedings).
Councilman Jennings requested the Package contain a provision
to remove food tax in grocery stores (those purchased for
home consumption) AND Direct Election of the Mayor.
Councilman Jennings made a motion, seconded by Councilwoman
Oberndorf, to Advertise and hold a Public Hearing regarding
Direct Election of the Mayor and change in the City Charter.
Councilman Jennings and Councilwoman Oberndorf withdrew their
motion and second, respectively.
Councilman Heischober advised at the State level there is
remuneration for Police and Fire but it excludes Emergency
Rescue Squad persons and requested the City Manager to
place comparable legislation in the Legislative Package.
The Legislative Package will be presented to Council during
the FORMAL SESSION of November 8, 1982.
L
-59a-
Disal,)ilit,,, from H),po!-ton.3@,@n, z@I)d Heirt Diseis(,
Cojii:-iient:
Scction 65.1-47.1 of tl)c Cod(@ of Vii ginia il r.)ar, t@.at tiie deatli of ot@ in\l
coiiditioti or imp,-ii-iiient of lieilti) of filefi@.,!Ites Ci-,is,2d by resp'r-,-Iory c,iscase aiid of
any fi,efighters, policerriei), slieriffs, and c:ltv set-Lea!lts ciused b), o,-
heart discase sliall be PI-CSLlrncd to be-ziii occuplti,?Tlal CiiSOLSe SL;ff(--red i.') tFe line of
dL]t)' SL]bjeCt 10 CCrtain lirTiit@iti(-)iis. E:ii,,)Io\lces or Illicit- beiief"ciar@les V!Iio fall in tili.5
categor), tnay iiial<c cliii-ns foi- beri,,,fits un,lcr thc, CC)nlpei@ation Acl. The
dealh or in-ipairriient of !icaltli (Iocs no" I)a@,e to take piice oii ti)e job, but is prosljii,ed
to be jcb related.
Sirice tiie eiiacti-n--jit of tliis le@i5;1,ition, there @ia%,e beeii five ldc)lice o@@ficc-.rs an,!
oiie firefigliter ernplo),cd L),,, -,lie Cit), of V'@rginia Bezicl) to lile ciisabili-@)7 claii-rs unclel-
this sect;on. T\\,o of the claii-ns were definitel@, j--I) relaied, Ilowover, thre-- pol;ce
officei-s' claims were qLjostiojiab"o. A SiNtli police officer's claii-n lias be@-I filed bit,
as yet, has not blet) accepte(J or deiiied @is coi-np--ns@"le. Uiic:-ci- Sec'lion 65.1-47.1, tlie
courts I)a%,e uplield the pres,,iinption of licii-t d;s(-ziso an(-l h,li)(--rtensior. for polic(!
officei-s to be alii)ost ii-t-efutziblc-. In tlie PE:st, logisl@,tion liz-is bCeT-, ititrc,,dt!ce-d v,@h;(t,
woulcl liave allo,,ved tl,,e State li)dus'Lrial Co,,iir,)issicn gi--atcr lee\\,a), to detcririil)c tllat
a preponderance of ev;dc-iice dic3 OXiSt th3t SL!cfi disability @vas not job rel3ted.
lic)wcver, no;ie I)as been succcssftjl.
Recommendation:
The General Assembl), sliould ameiid Section 65.1-47.1 ol@ tlie Code of Virgirtia
to state that heart a;id luiig disabilities for firefi@,liters atid police of"icet-,; wl)ich Zr(@
b
presunied to be liob rclited, PIly be refL]tCd Wb.--n co@ii)ctcnt evi,@'ence ind@cates suc!l
impair,nc,nt did iiot arise out of thc lif@c of cILty.
lljl/82
-59b-
15. Proi-atioTi of Pers,)iill PrOI)CI-t@.IX
Comment:
Tlie 1982 scssion of tlie Gc,.nerat Assembly enacted legislatiorl allowing cities
having a poptilatioii ill excess Of 100,000 to levi, aiid 4tollect persolial pi,opei-t), tax-s oii
niotor veliicies, trailci-.,;, arid boat@; on a prorzited moiitfil@, basis N%,hellevcr tiley acquirc
SitL]S in tfie city. Tliis legislatiori applics to oi)l)! eigl)t citics ,nd thr-ce. counties iii tlie
State of Vii-giiia. All other localities do not have tfic autl)ority to prorat-- thc
collection of p-.rsoiial propei-ty taxes.
Tlie statutc provides for relief and refund of taxes piid whei-e aiiy motoi,
vehicle, treiiler, or boat loses its situs withiii su--h locality after tlie tax day or ti)e
day on which it acq(iit-es a situs. Tliis does iiot provide for equity acro-,s tlie state
siiice ati individkial plyii)g perso@)al prol)erty t,,xes oTi a proi-,ated bisis @vithill one
locality may theii n,io%,e to anotlier locality Nx,hich docs no-, pi-orate taxes aiid,
tlierefore, reniain tax fi-ee until tl)e erid of that ),ear. Uiitil all localities in Vii-giiiia
levy aiid collect pcrsof)al property taxes on a proratcd i-no,)tli@'y basis, refur-,ds sliotilcl
only be granted \\?Iieii an individual rriov,@ to a localit,y \vliich also pi-oratcs persortal
propert@, taxes.
Recommendation:
The Geiieral Assen,.bly sliould amend SS 5,9-835.1(A) of the Code of Virginia to
allow for a refund \%,Iien the peson c(.-ases to be a residcrit of the county or city only
if@ the perso,) n-,oves to a locality where he @%,ill be subject to a personal property tax
for the baliiice of thc! tax yei,-.
11/1/82
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17. Elocted Scl)ool Bozird %N,itli ll(,wer of TINttion
Conii-ncT)t:
Cities in Virgii)ia generUly l@ave t[icii- o\%,i) individual sct)ool districts. 'riiese
scl)ool districts are run by scliool boai-ds, wf)osc itionibers at-c appo;i)ted b@, tlie City
Council. Generally, tli-- scliool opcrating budget is @tfie larl,,est strigio. expenditlli-c ally
City Cotincil MLIS' fund. In \Iit-gii)ia Be-acli, tt)c scl)ool buci,et is approxiiilately @,3@'@ of
tlie Cit),'s eiitire opei-atit)g bucip.et, aild tile Citi@, Colincil TIUST fl]tid approximatel@, 54".
of it or $61 million throti@h local tix revef)ues. Since scliool boai-(Is do not liave tlie
power to raise taxes, tl)ey are in the unLIsual position of setting polic5, for buclgct
expenditures wi"hout liaving to raise the re@,enucs to pa@, for tl)ose expoi)ditu!-Cs.
With inci-easin@ conipetition for tax funds betweeii scliocls and otlier City services,
Virgiiiia stiould consider tlie possibility of allowin@, locally-elected scliool boar!ds v,,ith
tlie power of taxatiori.
Recomniendatiori:
TI)e Geiieral Assernbly sliould stlidv the possibility of allowiiig localiti(-'s ti-,e
eption of liaving a locally-elected sc,'Iool @oard which I)as the power to raise taxes fol'
school expenditures.
8 2.-
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N E W B U S I N E S S
ITEM II-K.1 ITEM #18999
Upon motion by Vice Mayor Henley, seconded by Councilman
Jones, City Council voted to DEFER UNTIL DECEMBER 6, 1982
the appeal of Encroachment denial for Creative Displays.
Voting: 11-0
Council Members Voting Aye: (for deferral)
John A. Baum, Nancy A. Creech, Harold Heischober,
Vice Mayor Barbara M. Henley, H. Jack Jennings,
Jr., Mayor Louis R. Jones, Robert G. Jones, W. H.
Kitchin, III, Reba S. McClanan, J. Henry McCoy,
Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
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ITEM II-K.2 ITEM #19000
Upon motion by Councilman Baum, seconded by Vice Mayor
Henley, City Council voted to CANCEL the Regular Meeting
of December 27, 1982.
Voting: 1 1 - 0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober,
Vice Mayor Barbara M. Henley, H. Jack Jennings,
Jr., Mayor Louis R. Jones, Robert G. Jones, W. H.
Kitchin, III, Reba S. McClanan, J. Henry McCoy,
Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
- 6 2 -
ITEM II-K.3 ITEM #19001
Upon motion by Councilwoman Oberndorf, seconded by Vice
Mayor Henley, City Council voted to hold a Special Meeting
on Tuesday, November 2, 1982, at 2:00 p.m., for the purpose
of ADOPTING ON SECOND READING the Ordinances on the Public
Improvement Bonds and ADOPT the Resolutions for the issuance
of the Bonds.
V 0 t i n g I 1 - 0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober,
Vice Mayor Nancy A. Creech, H. Jack Jennings,
Jr., Mayor Louis R. Jones, Robert G. Jones, W. H.
Kitchin, III, Reba S. McClanan, J. Henry McCoy,
Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
- 6 3 -
E X E C U T I V E S E S S I 0 N
ITEM 11-L.1 ITEM #19002
Upon motion by Councilman Heischober, seconded by Councilman
Baum, City Council voted to RECESS into EXECUTIVE SESSION
(5:00 p.m.) pursuant to the exemption from opening meetings
allowed by Section 2.1-344 Code of Virginia, as amended, to
discuss Personnel, Real Estate and Legal Matters
after which to adjourn.
V o t i n g :1 1 - 0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober,
Vice Mayor Barbara M. Henley, H. Jack Jennings,
Jr.,* Mayor Louis R. Jones, Robert G. Jones, W. H.
Kitchin, III*, Reba S. McClanan, J. Henry McCoy,
Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
*COUNCILMAN JENNINGS VOICED A VERBAL "AYE"
*COUNCILMAN KITCHIN VOICED A VERBAL "AYE"
11/1/82
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A D J 0 U R N M E N T
ITEM II-M.1 ITEM #19003
Upon motion duly made and seconded, City Council adjourned
at 5:55 p.ni.
Diane M. Hickman, Deputy City Clerk
Ru h Hodges S@ith, CMC, City Clerk v nes
City of Virginia Beach,
V i r g i n i a
I November 1982
dmh/bh