HomeMy WebLinkAboutJUNE 7, 1982 MINUTES
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CITY coulvclt.
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RL'TH HODGES SMITH, Cil, Cillk (4@C'@; 4Z,--,303
CITY COUNCIL AGE,4DA
June 7, 1982
ITEM I INFORMAL SESSION: 12:30 p.m.
A. CALL TO ORDER - @layor J. Henry McCoy, Jr.
B. ROI,L CALL OF COUNCIL
C. @IOTION TO RECESS INTO INFOFUIAL/EXECUTIVE SESSION
D. PRESENTATION/DISCUSSION OF PERTINENT MATTERS
1. Matters for dislus on v Ilayor.
2.1 @latters for diss-u
a. Back Bay Study Committee - Presentation by Mrs. Ilenley
of statement prepared by Commi,@tee.
3. DeveloT,ment Autboritv's Annual @ ort: Presentation by
Mr. Ri(@liard Kline, Cliairman.
4. Adjustment-s to Mass Transit Se@vLc2(- ra@: Presentation
by Mr. Jack 'qhitney, Plannilig Dcpartment.
5. Basic Cable Rate Adjustment. Discussion of request made
by Cox Cable Virginia Beach, Inc.
6. Rose Ila.11-Francis Tand Ilouse Bid Propp,,ls Presentation
-- - ------ -- l@ :
by @li. A. Tames Dei3ellis, I)irector of Economic I)evelopment
Departr@ienL.
LTFtl TI FCIldlAl, S,-@-SSTOI,@: 2:00
A. INVOC,@T@@ON: L(,@Ir. J. lirry Sli@irpe
So',@ior 1-ii@-n
01@ ']'!ir
111,EDI@l@ oi '10
cc@, I 1,
2'-
E P',IBI,IC
I Chaiiges in E'lectioii District Procii,C-L "i@Ics ir, V,@iciis
Areas of tlie Citv,
2. Crow, Terwilliger and Micliaux, Iiic. to c,:,n.,4tri,ct @i 250-
unit al)artment: coiil)lex iii i-lik@ @r@mberlal@e
F. RESOLUTIONS
1. Resolution authorizing the Fairfax CoLiiity Rodevelop,,nc-nt
and Housing Authority to i.cs@.ie tax exempt I)onds to
finaiice the coiastruction of 250 rental. apartileills in
tlie City of Virg:inia Beacti.
2. Resolution authorizing the City Manage]: "o negotiate with
the seller for contract documeilts of Kem,)sville aiid
County Utilities Corporations.
3. Resolution directing the City Manager to prepare recoli-
mendations for requesting bids to provii(ic a lif--@.uard
service and a bc,,icli equipmeiif- rental sc--rvice ii the
Virginia Beach Borougli.
G. CONSENT AGENDA
All matters listed under the Consent Ageiicia are C-orisid&red
routine by City Cotincil and wi.],l be ciiacted by onc- moti.,)n
in the form listed. Tliere will be no @epqrai-e discLiE,sion
of these items. If discussion is desired, I-liat i.te,.ii @qi-ll
be removed from the Consen@, AgLi,da and consid red @.(@pzi-cately.
1. Ordinance to amend and reordain Sections 21-'340 @,iici
21-341 c,f the Code of the '@'ity of Virgiliiz@ Beach
pertaini-lig to penalties for drivin@. utider the
infl,ience.
2. Ordinance to amend Chapter 23 of the Code of the
City of Virginia Beach by addivg Section 23-16.1
pertaining to the interference with the operation
of school buses.
3. Ordinance to amend ard reordain Sec,-ion 21-377 of
the Code of tlie City of Vi-rginia Beach pertaining
to opeti storage of inoperative veiiicies @n
residen-lial property.
4.
Back Bay Wildfowl Guild, iic. Raffle
Band Pa5o,,il,:s Raf f 'Ic-@
Grc--en Run A.@socictiati
Pi-incc,,P@; @nne Raf @Ici
f
of f
@;t of tIi,, )y ti,, II (li
i.i ',lie amouiit of 214. 4-11.
ORDIIIANCES
1. Ci.ty Code AmendmpTits
a. Ordinanc(i @-11 10,
Sections 10.1 and 10.2 of tlie Cod(-, ()f the City
of Virginia Beacli portainiiig to election
districts and voting places within tlie City of
Virgiiiia Bcach.
City Manager recommends approval.
2. General
a. Ordinance amendi.'-Ig an ordinance approved on
July 11, 1966, and an ordinance al)proved on
May 13, 1963, authorizing the conveyance of
certain land to the VirgiII4-a BL,,ach S.P.C.A.
City Manager recommends approval.
3. Low Bids
a. Low bid of Crowder Contracting Coinpany, Inc., in
the amount of $153,300, for the Aragona-Witchduck
Pumping Station Replacement Project; AND, authorize
the City Manager to enter into the necessary
agreements for the implementation of this project.
b. Low bid of Luke Constructi-on Co.'Iipany, Inc., in tlie
amount of $66,700, for the Lakeville Estates Sewage
Pump Station Renovations Project; AND, authoriza
tlie City Manager to enter into the necessary
agreements for the implementation of tliis project.
C. Low bid of Piland Construction Corporation, Inc.,
in the amount of $173,056, for tlie Trolley Terminal
Project; AND, authorize the City Manager to enter
into the necessary agreements for the implemeritation
of this project.
I. UNFINISHED BUSINESS
J. NE14 BUSINESS
1. Encroachpient request of @i37S. Betty Van Os Crockin,
8500 Eiglif:y-Fiftli S@rc@et, Fcr Liii in-gr,)Iill,l f@c@ol for
tllerai),,k@,tic rlasons.
K. ADJOUR,,@,IM,'T
1. to
M I N U T E S
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
7 June 1982
The Regular Meeting of the Council of the City of Virginia Beach,
Virginia, was called to order by Mayor J. Henry McCoy, Jr., D.D.S.,
in the Conference Room, City Hall Building, on Monday, 7 June 1982,
at 12:40 in the afternoon.
Council Members Present:
John A. Baum, E. T. Buchanan, F. Reid Ervin, Vice
Mayor Harold Heischober, Barbara M. Henley, Clarence
A. Holland, M.D., Reba S. McClanan, Mayor J. Henry
McCoy, Jr., D.D.S., Meyera E. Oberndorf, and Patrick
L. Standing
Council Members Absent:
W. H. Kitchin, III
ITEM #18259
Mayor McCoy entertained a motion to permit Council to conduct its
INFORMAL SESSION to be followed by an EXECUTIVE SESSION for the
purpose of discussing the following:
1. PERSONNEL MATTERS: Discussion or consideration of
employment, assignment, appointment, promotion, perfortnance,
demotion, salaries, disciplining or resignation of public
officers, appointees or employees.
2. 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.
3. LEGAL MATTERS: Consultation with legal Counsel or
briefings by staff members, consultants or attorneys,
pertaining to actual or potential litigation, or other
legal matters within the jurisdiction of the public body.
- 2 -
Upon motion by Councilman Standing, seconded by Councilman Holland,
City Council voted to proceed into EXECUTIVE SESSION following the
INFORMAL SESSION.
Vice Mayor Heischober read the following statement before the vote
was recorded:
"To say the least the Executive Sessions of this
Council have been a matter of much discussion
and controversy in recent weeks.
"So much so that we have seen strong reactions
result in a proposed Ordinance prescribing measures
of self-discipline.
"This reaction,while somewhat understandable, did, in
my opinion,represent an overkill so fas as remedial
action was concerned.
"It became obvious that all Members of Council soon
recognized that an Ordinance or Resolution attempting
to legislate Council's conduct regarding executive
privileges would not be acceptable or even sufficient
to address the problem.
"It has, however, been recommended that a Committee be
formed to study the matter, which study might result
in an acceptable Memorandum of Understanding for the
Executive Session and equitable ground rules for the
implementation of that Memorandum.
"I believe all of us know or should know that many of us
on this Council have at some time, in some way, divulged
Executive Session material.
"Therefore, until such time as the Committee comes back
with its recommendation regarding the future handling
of the Executive Session,I would ask that we all vote
for the Executive Session and remain in the meeting
during our deliberations.
"I do not feel that any one at this table intended for
this matter to be blown so far out of proportion.
"I trust that you will join with me in diffusing the
present tension, and that all will vote for the Executive
Session so that we may move forward with more important
concerns in a more harmonious setting."
Voting: 10-0
3-
Council Members Voting Aye:
John A. Baum, E. T. Buchanan, F. Reid Ervin,
Vice Mayor Harold Heischober, Barbara M.
Henley, Clarence A. Holland, M.D., Reba S.
McClanan, Mayor J. Henry McCoy, Jr., D.D.S.,
Meyera E. Oberndorf, and Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
W. H. Kitchin, III
- 4-
M A T T E R S B Y T H E M A Y 0 R
TIDEWATER TRANSPORTATION DISTRICT ITEM #18260
Mayor McCoy advised that James Echols from the Tidewater Transportation
District Commission met with him to discuss the problems of Columbus
Loop and suggested the City form a Task Force to study the area of
Tyson's Corner.
The Planning Director advised the Planning Commission is presently
discussing Columbus Loop and it would be approximately 30 days before
the matter could come to City Council.
COMMISSIONER OF THE REVENUE ITEM #18261
Mayor McCoy advised he received telephone calls whereby employees
in the Commissioner of Revenue's Office advised citizens the increase
in personal property taxes was the fault of City Council.
The City Manager will review this matter.
WOODY REASOR/HOLLAND UTILITIES ITEM #18262
Mayor McCoy advised Council that Woody Reasor, owner of Holland
Utilities, was interested in discussing with Council the City's
purchase of Holland Utilities and directed the City Manager and
Director of Public Utilities meet with Mr. Reasor on this matter.
TRIS/BINGO AUDITING FEES ITEM #18263
Mayor McCoy presented a letter from the Tidewater Rape Information
Services, concerning an amendment to Article IV, Section 4-89 of
the City Code pertaining to bingo audit fees, deleting the option
of a private audit.
NATIONAL CONFERENCE OF MAYORS ITEM #18264
Mayor McCoy advised he will be attending the National Conference of
Mayors on June 18 through 23, 1982, in Minneapolis, Minnesota. There
will be a Conference Session on "payment of funds in lieu of taxes"
which he will attend.
The City of Portsmouth adopted a Resolution on May 25, 1982 "creating
a citizens committee to study the impact of state and federal legislative
actions on City Governments" and asked other Cities in this area to
appoint a representative to serve on a regional panel.
- 5-
M A T T E R S B Y T H E C 0 U N C I L
BACK BAY STUDY COMMITTEE ITEM #18265
Councilwoman Henley advised that on February 1, 1982, the Back Bay
Study Committee was established for the purpose of investigating
the current status of the marine ecosystem of Back Bay and develop
policy recommendations to guide future local decision-making.
The findings of the Committee can be summarized as follows:
1. The Back Bay ecosystem is characterized by a
high degree of complexity, with many of its
component processes in a state of transition. As
certain plant and animal species increase, others
decrease in response to natural and man-made stimuli
in case/effect relationships not fully understood.
2. Back Bay is an extremly valuable natural resource
from both an environmental and economic standpoint.
The 4,589-acre wildlife refuge is located in the
Atlantic Flyway and was established to provide sanctuary
and habitat for riigratory birds.
3. Back Bay acts as the receiving waters draining the
southeastern quadrant of the City. The health of the
bay ecosystem is linked to the runoff from a wide
variety of land uses in the watershed.
4. Numerous scientific studies have been conducted
in Back Bay over the years. The majority of these
studies have been undertaken by agencies such as the
U. S. Fish and Wilflife Service, the U. S. Army Corps
of Engineers, the Virginia Commission of Game and
Inland Fisheries; institutions such as Old Dominion
University; and groups such as the Virginia Wildlife
Federation. For the most part, these studies have
concentrated on ecological concerns such as water
quality, wildlife populations, and associated inventories.
5. No studies have been conducted with the goal of
developing local land and water management policies
and strategies on a basinwide scale. Existing studies,
for example,provide no conclusive data upon which local
decisions can be made with respect to continued
artificial salinity maintenance or point and non-point
pollution controls.
The Committee recommended that the City pursue funding for a
locally designed management study of Back Bay and its watershed
to provide the basis upon which the requisite polices and programs
can be developed to assure the continuation of a viable habitat
for gamefish and water fowl and requested the Staff prepare the
scope that such a study would cover and to recommend how this
should proceed.
Councilwoman Henley thanked Mr. C. Oral Lambert, Director of the
Department of Public Works for coordinating all meetings of the
Committee and for giving of his time.
- 6 -
STORM DRAINAGE FACILITIES ITEM #18266
Councilman Ervin advised that when the City constructed the storm
drainage facilities, Phase 1, between 75th and 82nd Streets there
was some controversy over the outfall.
Councilman Ervin advised the outfall was "working all right" and
the problems are more cosmetic, but it is very unsightly as the
sandbags have become intermixed with sand beyond the end of the
gabions.
Councilman Ervin advised further the project is highly successful.
You can go to that area after a heavy rain and the area between
75th to 82nd Streets is always dry and the rest of the area is
flooded.
ANTITRUST ITEM #18267
Councilman Buchanan advised he requested David M. Grochmal, Assistant
to the City Manager/Intergovernmental Relationsto investigate the
possibility of the City getting involved in encouraging Congress to
do something about the Antitrust case the Supreme Court handed down.
I N F 0 R M A L S E S S I 0 N
REMOVAL OF ORDINANCE ITEM #18 268
The City Manager requested Council remove from the CONSENT AGENDA on
the FORMAL AGENDA Item II-G.3 concerning the Ordinance to amend and
reordain Section 21-377 of the Code of the City of Virginia Beach
pertaining to open storage of inoperative vehicles on residential
property as there is an additional amendment which the staff must
review before presenting to Council for their consideration.
DEVELOPMENT AUTHORITY/ANNUAL REPORT ITEM #18269
The City Manager introduced Richard Kline, Chairman of the Development
Authority, who presented to Council the Authority's Annual Report.
6 / 7 / 8 2
- 7-
Mr. Kline introduced the Authority Members:
Robert Berry, Vice-Chairman
Larry Joyner, Treasurer
George Woody, Secretary
N. W. Morris, Assistant Secretary
Van Cunningham
Mr. Twyman (not present)
Mr. Kline also recognized:
A. James DeBellis, Director of Economic Development
Harold Gallup, Industrial Coordinator
Charles Salle, Assistant City Attorney
The Industrial Development Division's program has made significant
progress during 1981. Land sales totaled $1,420,275, an increase
over 1980 of $100,000. The 43 acres of property sold for develop-
ment includes the last parcel of Airport Industrial Park. Expansions
and alterations of existing industries in the parks during the year
were an indication of the kinds of growth that have evolved out of
the efforts of the Industrial Division. The costs of these expansions
totaled $10,225,000 within the industrial parks alone. This investment
will add $113,418.43 revenue generated by the parks. The total Real
Estate Tax generated in 1981 were $630,752 bringing the cumulative
total since 1970 to $1,979,660. A total of approximately 6,092
people have been employed as a result of the operation of facilities
within the parks since their initial development. This figure
represents a significant impact on the overall economy of Virginia
Beach resulting from wages paid to employees.
Continued growth and expansions are expected in Little Creek with
its potential development, in Airport Industrial Park with expanding
industries and in Oceana West Industrial Park with its capacity to
attract and support various types of international and national firms.
Mr. Kline, on behalf of the Authority, presented to Mr. Dodd, two
checks totaling $262,000 representing principal and interest on
two additional advances made by the City in the "early days of
the program".
MASS TRANSIT SERVICE PROGRAM: ITEM #18270
Jack Whitney, Chief Comprehensive Planning Division, spoke before
Council during the INFORMAL SESSION to apprise Council of the changes
in the City's transit service program. The changes will go into
effect July of 1982 and October 1982.
Route 20 - Virginia Beach Boulevard
will be terminated at 19th Street
and Pacific Avenue and not serving
the north end, rather pick up that
service through a lease arrangement
with the Virginia Beach Transit
Company. This will begin in October
of 1982
-8-
Route 36 - Independence Boulevard
connecting the Amphibious Base
with alternately Tidewater Community
College and Lynnhaven Mall will
remain the same; however, a smaller
20 passenger mercedes vehicle leased
from TRT by a private contractor
will be utilized. Approximately
$100,000 will be saved per year.
This will commence on July 5, 1982
COX CABLE OF VIRGINIA, INC. ITEM #18271
The City Manager advised that Cox Cable of Virginia Beach, Inc., is
requesting an adjustment to the rate increase for basic cable service,
as well as an increase in the one-time installation charge.
Cox Cable will have to hold a renegotiation session, as provided
for in the CATV Ordinance and the City Manager advised he will
discuss such topics as future rate adjustments, expansion of the
system into new areas, new technologies planned for the future,
system performance and services available to customers.
The meeting has been scheduled for June 29, 1982, at 1:00 p.m., in
the City Manager's Conference Room. Upon conclusion of the session
the item will be placed on the Council Agenda for July 12, 1982 for
Council's consideration.
ROSE HALL-FRANCIS LAND HOUSE ITEM #18272
A. James DeBellis, Director of Economic Development, advised he and
Jerry Broadway were present today to seek approval to proceed for
bids to lease the Rose Hall-Francis Land House.
Mr. DeBellis presented the proposed calendar for invitation for
bid proposals:
Briefing City Council - June 7, 1982
Printing of Invitation booklets - June 8-11, 1982
Advertising Invitation - June 11-13, 1982
Distribution of Invitation
Booklets - June 14 - July 14, 1982
Opening of Bid Proposals - July 15, 1982
Review of Bid Proposals - July 15, 1982
Report to City Council - July 26, 1982
- 9-
Proposed Committee Make-up for review of bid proposals:
2Council Members
1Economic Development (A. James DeBellis)
2Princess Anne County Historical
Society (Historical Review Board)
2Community Businessmen (1 Retail, 1 Industrial)
1Chamber of Commerce (President or Board Member)
City Council recessed into EXECUTIVE SESSION, (1:45 p.m.)
-10-
F 0 R M A L S E S S I 0 N
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
7 June 1982
2:20 p.m.
Council Members Present:
John A. Baum, E. T. Buchanan, F. Reid Ervin, Vice
Mayor Harold Heischober, Barbara M. Henley, Clarence
A. Holland, M.D., Reba S. McClanan, Mayor J. Henry
McCoy, Jr., D.D.S., Meyera E. Oberndorf, and Patrick
L. Standing
Council Members Absent:
W. H. Kitchin, III
INVOCATION: Lcdr. J. Larry Sharpe
Senior Chaplain
United Methodist Armed Forces
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
-11-
ITEM #18273
Mayor McCoy formally welcomed to Virginia Beach City Manager Thomas
H. Muehlenbeck and welcomed back City Clerk Ruth Hodges Smith who
attended an International Institute of Municipal Clerk's Conference
in Phoenix, Arizona.
M I N U T E S
ITEM II-D.1 ITEM #18274
Upon motion by Councilwoman Oberndorf, seconded by Councilman Holland,
City Council voted to APPROVE the Minutes of the Regular Meeting of
24 May 1982.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, E. T. Buchanan, F. Reid Ervin,
Vice Mayor Harold Heischober, Barbara M.
Henley, Clarence A. Holland, M.D., Reba S.
McClanan, Mayor J. Henry McCoy, Jr., D.D.S.,
Meyera E. Oberndorf, and Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
W. H. Kitchin, III
- 1 2 -
P U B L I C H E A R I N G
ITEM I I-E . 1 ITEM #18275
Mayor McCoy declared the Public Hearing concerning changes in Election
District Precinct Lines in various areas of the City open.
There being no speakers, the Mayor declared the Public Hearing closed.
ITEM II-E.2 ITEM #18276
Mayor McCoy declared the Public Hearing concerning the authorization
to the Fairfax County Redevelopment and Housing Authority to issue
tax exempt bonds to finance the construction of 250 rental apartments
in the City of Virginia Beach, Timberlake Subdivision.
The following spoke concerning the Public Hearing:
Edward Hughes, 739 Spence Circle, asked if the
complex will be maintained as the community
of Timberlake and requested the residents of
Timberlake have the opportunity to review the
plans of the proposed complex.
James A. Cervera requested Council be sure that
only 20% of the complex will be low subsidized
housing.
Sam Houston spoke in behalf of the elderly and
handicapped.
There being no further speakers, the Mayor declared the Public
Hearing closed.
- 1 3-
R E S 0 L U T I 0 N S
ITEM II-F.1 ITEM #18277
Upon motion by Councilman Standing, seconded by Councilman Holland,
City Council voted to ACCEPT the recommendation of the City Manager
and TAKE NO ACTION on the Resolution authorizing the Fairfax County
Redevelopment and Housing Authority to issue tax exempt bonds to
finance construction of 250 rental apartments in the City of
Virginia Beach (Timberlake Subdivision) until the question of land
use adjustment in Timberlake is settled.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, E. T. Buchanan, F. Reid Ervin, Vice
Mayor Harold Heischober, Barbara M. Henley, Clarence
A. Holland, M.D., Reba S. McClanan, Mayor J. Henry
McCoy, Jr., D.D.S., Meyera E. Oberndorf, and Patrick
L. Standing
Council Members Voting Nay:
None
Council Members Absent:
W. H. Kitchin, III
6/ 7/8 2
AL zA iieeting CoL:nci-l- o---
tlie City of Virgin@-a B@acil, hp-ld
on the day of Jurie, .1982,
the following resolu,,--ioti ,,,as
adopted.
R E S 0 L U T I 0 N
WHEREAS, there is no redevelopnent and housing
au-lhor4-ty in the City of Virginia Beach, Virgini.a p'Lirsu.;iiit tc)
36-23 of the Code of Virginia, as amended; and
WIIEREAS the Fairfax County Redevelopincnt and HouFi,.)g
Authority is authorized and willing to provide the financing
for a 250 unit apartment complex to be located at Independenc?
Boulevard and South Plaza Trail of which 20% will ])e ut'@lized
for rental to persons of low to moderate income.
THEREFORE, BE IT RESOI,VED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA:
That after due notice as required by law and a public
hearing the Council of the City of V'@rginia Beach finds tha-1:
a) There is a need for @'he Fa-i.rfax ('oun-ly Rp-deve.L.opfrcrt
atid Hous,ing Author-'--.y to exercise its po@qers in the Ci-ty oF
Virginia Beach.
b) There is a shortage of safe and sanitary housing
available within the City for nersons o-@ low income at rates
they can afford.
c) These conditions can best be remedied by the
exercise of the Fairfax County Redevelopment and Housing Author;-ty
of its powers within the City of virgi-nia Beach, Virginia.
ADOP--ED ON
JDB:er
6-2-82
- 1 5-
ITEM I I - F . 2 ITEM #18278
Upon motion by Councilman Buchanan, seconded by Councilman Baum,
City Council voted to uphold tbe recommendation of the City Manager
and ADOPT tbe Resolution authorizing the City Manager to negotiate
with the seller for contract documents of Kempsville and County
Utilities Corporation.
Voting: 7-3*
Council Members Voting Aye:
John A. Baum, E. T. Buchanan, F. Reid Ervin, Vice
Mayor Harold Heischober, Clarence A. Holland, M.D.,
Mayor J. Henry McCoy, Jr., D.D.S., and Patrick L.
Standing
Council Members Voting Nay:
Barbara M. Henley, Reba S. McClanan, and Meyera E.
Oberndorf
Council Members Absent:
W. H. Kitchin, III
*The first vote was voided due to the Clerk's mechanical application
of the voting system prior to Council's readiness to vote.
1 6 -
At a meeting of the Council. of
the City of Virginia Beach, held
on the 7th day of June, 1982, the
following resolution was adopted.
R E S 0 L U T I 0 N
WHEREAS, the owners of County utilities Corporation
and Kempsville Utilities Corporation have offered t6 sell the
stock of said companies to the City of Virginia Beach; and
WHEREAS, if the Council of the City of Virginia Beach
decides to purchase the stock of said companies, the corporations
shall be dissolved as soon as practical thereafter; and
WHEREAS, the basic terms of said purchase are Four
Million, Three Hundred Thousand Dollars ($4,300,000.00) with
Three Hundred Thousand Dollars ($300,000.00) being paid in cash
and revenue bonds being issued in the amount of Four Milli,,
Dollars ($4,000,000.00) with interest at ten per centum for
twenty-five (25) years. The payment schedule shall be as set
forth in Exhibit "A" attached hereto and incorporated by
reference.
THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA:
THAT the City Manager is authorized to complete the
negotiations and have prepared a proposed contract, and the
City Attorney is authorized to present certain bond ordinances
and notes to the Council of the City of Virginia Beach to
consummate this transaction.
ADOPTED ON June 7, 1982
- 1 7-
ITEM II-F.3 ITEM #18 279
Upon motion by Councilman Buchanan, seconded by Councilman Standing,
City Council voted to uphold the recommendation of the City Manager
and ADOPT the Resolution directing the City Manager to prepare
recommendations for requesting bids to provide a lifeguard service
and a beach equipment rental service in the Virginia Beach Borough.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, E. T. Buchanan,* F. Reid Ervin, Vice
Mayor Harold Heischober, Barbara M. Henley, Clarence
A. Holland, M.D., Reba S. McClanan, Mayor J. Henry
McCoy, Jr., D.D.S., Meyera E. Oberndorf, and Patrick
L. Standing
Council Members Voting Nay:
None
Council Members Absent:
W. H. Kitchin, Ill
*COUNCILMAN BUCHANAN VOICED A VERBAL "AYE"
Requested by: City Council
A RESOLUTION DIREU-TING THE CITY
MANAGER TO PREPARE RECOMMENDATIONS
FOR REQUESTING RIDS TO PROVIDE A
LIFEGUARD SF@?@.rICr A BEACH
EQUIPMENT RENTAL SERVICE IN THE
VIRGINIA BEACII BOROUGH
WHEREAS, the City Council desires to provide for the
orderly continuation of a lifeguard service and a beach equipment
rental service alonq the beacti in the Virginia Beach Borough; and
WHEREAS, there is presently no assurance that a
lifeguard service and a beach equipment rental service will be
available in future years; and
WHEREAS, it is the desire of City Council to request
bids from qualified persons to provide a lifeguard service and a
beach equipment rental service in the Virginia Beach Borouqh.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE
CITY OF VIRGINIA BEACH, VIRGINIA:
That the City Manaqer is hereby directed to prepare
recommendations for consideration by City Council in order to
prepare invitations to bid by qualified persons to provide a
lifeguard service and a beach equipment rental service in the
Virginia Beach Borouqh.
Adopted by the Council of the City of Virginia Beach,
Virginia, on 7 June 1982.
CMS/da
6/2/82
(2)
- 1 9-
C 0 N S E N T A G E N D A
ITEM II-G ITEM #18 280
Upon motion by Councilman Holland, seconded by Councilman Buchanan,
City Council voted to ADOPT the CONSENT AGENDA by ONE MOTION with
the exception of II-G.3 which will be voted on separately.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, E. T. Buchanan, F. Reid Ervin, Vice
Mayor Harold Heischober, Barbara M. Henley, Clarence
A. Holland, M.D., Reba S. McClanan, Mayor J. Henry
McCoy, Jr., D.D.S., Meyera E. Oberndorf, and Patrick
L. Standing
Council Members Voting Nay:
None
Council Members Absent:
W. H. Kitchin, III
- 20 -
ITEM II-G.1 ITEM #18281
Upon motion by Councilman Holland, seconded by Councilman Buchanan,
City Council voted to uphold the recommendation of the City Manager
and ADOPT the Ordinance to amend and reordain Sections 21-340 and
21-341 of the Code of the City of Virginia Beach pertaining to
penalties for driving under the influence.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, E. T. Buchanan, F. Reid Ervin, Vice
Mayor Harold Heischober, Barbara M. Henley, Clarence
A. Holland, M.D., Reba S. McClanan, Mayor J. Henry
McCoy, Jr., D.D.S., Meyera E. Oberndorf, and Patrick
L. Standing
Council Members Voting Nay:
None
Council Members Absent:
W. H. Kitchin, III
- 21 -
AN ORDINANCE TO AMFND AND REORDAIN
SECTIONS 21-340 AND 21-341 OF THE
CODE OF THE CITY OF VIRGINIA BEACH
PERTAINING TO PENALTIES FOR DRIVING
UNDER THE INFLUENCE
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY.OF
VIRGINIA BEACH, VIRGNIA:
That Sections 21-340 and 21-341 of the Code of the City
of Virginia Beach hereby amended and reordained as follows:
Section 21-340. General penalty.
(a) Any person violating any provision of section
21-336 shall be guilty of a Class 2 1 misdemeanor. Any person
convicted withim-a-per@ed-ei-ten-+40+ of a second offense
within less than five (5) years after a second-or-ether
subseqment first offense under section 21-336, shall be punished
by a fine of not less than two hundred dollars ($200.00) nor more
than one thousand dollars ($1,000.00) and by confinement in jail
for not less than one month nor more than one year. Forty-eiaht
hours of such confinement shall be a mandatory, minium sentence
not subject to suspension by the court. Any person convicted of
a second offense within a period of five (5) to ten (10) years of
a first offense under section 21-336 shall be punishable by a
fine of not less than two hundred dollars ($200.00) nor more than
one thousand dollars ($1,000.00) and by confinement in jail for
not less than one (1) month nor more than one (1) year. Anv
person convicted of a third offense or subsequent of"ense within
ten (10) years of an offense under s6ction 21-336 shall be
punishable by a fine of not less than five hundred dollars
($500.00) nor more than one thousand dollars ($1,000.00) and by
confinement in jail for not less than two (2) months nor more
than one (1) year. Thirty davs of such confinement shall b- a
t to suspensi-oi, y c-li,
court if the third or subsequent offense occurs within leF,-@ ti'lan
five (5) years. Ten (10) (,lays of such corifinement shall bc@ E,
mandatory, minium offense not subject to suspension L-)v the
if the third or stil@@;eaucnt off-ense occurs within a T)erioci-,-,i,---'-iv,?
(5) to ten (10) of a i-i-@;t offcnr(,..
2 2-
(b) For the purposes of this section, a conviction, or
finding of not innocent in the case o-@ juvenile, under the
provisions of section 21-336, or of section 22-84 of the Virqinia
Beach City Code which was in effect prior to the adoption of this
Code, or of section 18.2-266, Code of Virainia, or any similar
former section of such code, or of an ordinance of any county,
city or town in this state of law of any other state
substantially similar to the provisions of sections 21-336
through 21-339 of this chapter, shall be considered a prior
conviction.
Section 21-341. Forfeiture of riqht to drive; suspension of
of sentence.
(a) Except as provided in Section 18.2-271.1, Code of
Virqinia
(1950), as amended, the judgment of conviction, or
if for a first
offense under section 21-336, shall of itself operate to deprive
the person so convicted of the r4ght
privilege to drive or operate any jrotor vehicle, engine or train
in th-is-state the commonwealth for a period of not-less-than six
(6) months
Cetlrt'7 from the date of such judgmentt. and If such conviction
is for a second or other subsequent offense (i) within ten-+49+
five (5) years thereef7 of a first offense conviction under
section 21-336 such person's license to operate a motor vehicle,
engine or train shall be suspended for a period of three (3)
years or, (ii) within five (5) to ten (10) years of a first
offense conviction under section 21-336 such person's license to-
operate a motor vehicle, engine or train shali be suspended for a
period of two (2) years from ttie date of the ludqment of
conviction-ev-Eind4:ng-o@-nE)t-+/-hnoeemt;. Any such period ot
license suspension,, in e-i+,her any case te shall run --onsecutivelv
-2-
with any period of suspension for failure to permit a blood or
breath sample to be taken as required by section 21-338.
(b) If any person has heretofore been convicted or
found not innocent in the case of a juvenile of violating any
similar act
5relinance7 in the commonwe-.1th or any other state and thereafter
is convicted or-found-net-inneeent of violating the provisions of
section 21-336, such conviction or findina shall, for the purpose
of this section and section 21-340, be a subsequent offense and
shall be punished accordingly-,. and-the-eeurt-MaY7-4n-4t5
Six months of any
license suspension or revocation imposed pursuant to this section
for a first offense conviction may be suspended, in whole or in
part by the court upon the entry of such person convicted into
and the successful completion of a program pursuant to section
18.2-271.1, Code of virqinia (1950), as amended. Upon a second
conviction, the court may not suspend more than two vears of such
license suspension or revocAfinn if such second conviction
occured less than five (5) years after a Previous conviction
under section 21-336, nor more than one (1) year if such second
conviction occured five (5) to ten (10) years after a Previous
conviction. Upon a third conviction of a violation of section
21-336, such person shall not be eligible for participation in a
program pursuant to section 18.2-271.1, Code of Virqinia (1950),
as amended.
This Ordinance shall be effective on and after the date
of its adoption.
Adopted by the Council of the City of Virginia Beach,
Vi.rainia, on the 7th day of I e i9p?,
un
MES/ih/re
5/13/82
(D)
APPI)(,
,p
-3-
- 24-
ITEM II-G.2 ITEM #18282
Upon motion by Councilman Holland, seconded by Councilman Buchanan,
City Council voted to uphold the recommendation of the City Manager
and ADOPT the Ordinance to amend Chapter 23 of the Code of the City
of Virginia Beach by adding Section 23-16.1 pertaining to interference
with the operation of school buses.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, E. T. Buchanan, F. Reid Ervin, Vice
Mayor Harold Heischober, Barbara M. Henley, Clarence
A. Holland, M.D., Reba S. McClanan, Mayor J. Henry
McCoy, Jr., D.D.S., Meyera E. Oberndorf, and Patrick
L. Standing
Council Members Voting Nay:
None
Council Members Absent:
W. H. Kitchin, III
2 5-
AN ORDINANCE TO AMEND CHAPTER 23
OF THE CODE OF THE CITY OF
VIRGINIA BEACH BY ADDING SECTION
23-16.1 PERTAINING TO THE
INTERFERENCE WITH THE OPERATION
OF SCHOOL BUSES
BP !T ORDAINED BY THF COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That Chapter 23 of the Code of the City of Virginia
Beach, is hereby amended by adding section 23-16.1 as follows:
Section 23-16.1. Interference with operation of school
buses.
(a) It shall be unlawful for any person to obstruct or
interfere with the operation of a school bus in the
transportation of pupils to and from school or other
destination.
(b) Any violation of this section shall constitute a
Class I misdemeanor.
This Ordinance shall be in effect on and after the date
of its adoption.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the 7 day of June 1982.
MTS/re
5/11/81
5/25/82 ENT
(B.2)
- 26 -
ITEM II-G.4 ITEM #18283
Upon motion by Councilman Holland, seconded by Councilman Buchanan,
City Council voted to uphold the recommendation of the City Manager
and APPROVE the following Bingo/Raffle Permits:
Raffle Back Bay Wildfowl Guild, Inc.
Raffle Kellam Band Parents
Bingo Green Run Homes Association
Raffie Princess Anne Women's Club
Raffle Virginia Beach Fraternal Order
of Firefighters, Inc.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, E. T. Buchanan, F. Reid Ervin, Vice
Mayor Harold Heischober, Barbara M. Henley, Clarence
A. Holland, M.D., Reba S. McClanan, Mayor J. Henry
McCoy, Jr., D.D.S., Meyera E. Oberndorf, and Patrick
L. Standing
Council Members Voting Nay:
None
Council Members Absent:
W. H. Kitchin, III
- 2 7 -
ITEM II-G.5 ITEM #18284
Upon motion by Councilman Holland, seconded by Councilman Buchanan,
City Council voted to uphold the recommendation of the City Manager
and APPROVE the request of tbe Commissioner of the Revenue for license
refunds in the amount of $2,137.45.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, E. T. Buchanan, F. Reid Ervin, Vice
Mayor Harold Heischober, Barbara M. Henley, Clarence
A. Holland, M.D., Reba S. McClanan'Mayor J. Henry
McCoy, Jr., D.D.S., Meyera E. Oberndorf, and P.trick
L. Standing
Council Members Voting Nay:
None
Council Members Absent:
W. H. Kitchin, III
I I
Upo-.@
OF Tll'- REVENUE
BE .-@T 01-@DAIN@'@r) 1,Y -PliL -IOUNCIL Or TI'E Cl'IY C)-@' BEA'-',I,
That tho followirg pp'ications f(Dr 'License refutids, upon corLi.f;-catiol
,A L
of the CO@-,Iissioner of the Reventie are herEYly Ipproved:
NAYiE ICENSE ATE
YEAR PAID BASE PEI-,IALTY INT. TOTAL
Martha Hall
225 Southgate Ave.
Va. Beach, Va. 23462 1980 45.28
Resort Complex, Inc.
1213 Laskin Rd. S-108 1981 694.83
Va. Beach, Va. 23451
La.x-:I,ers Title of
Tidewa-ler, Inc.
228 N. Lynnhaven Rd. 1978-1981 1,258.16
Suite 129
Va. Beach, Va. 23452
American Title Aqency-
6663 Stoney Pts. 1980/1981 1.39. 1C,
Newtoiqn Rd., Ste. B
Norfolk, Va. 23502
Certific@,, @IS t() P@tv elit-
Co-.nmissioi-,ej--
Approved as to form:
ey
The above abatement(s) totaling $ 2,137.45 were approved by tilc
council of the City of Virginia Beach on the 7th clay of June
1-9 82
j@
City Clerk
- 2 9-
ITEM II-G.6 ITEM #18285
Upon motion by Councilman Holland, seconded by Councilman Buchanan,
City Council voted to uphold the recommendation of the City Manager
and APPROVE the request of the City Treasurer for tax refunds in
the amount of $1,214.47.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, E. T. Buchanan, F. Reid Ervin, Vice
Mayor Harold Heischober, Barbara M. Henley, Clarence
A. Holland, M.D., Reba S. McClanan, Mayor J. Henry
McCoy, Jr., D.D.S., Meyera E. Oberndorf, and Patrick
L. Standing
Council Members Voting Nay:
None
Council Members Absent:
W. H. Kitchin, III
30 -
'@D!NANCE
API-LI@-A"
'\'D 'J f@ F I-; T.;
PAYt,@=-NT
IT C.-ID;,It@ED Py -IHE Cl-IL!N@@'IL OF TH.F. i,-;l Vi,@,-@l@l;A
TI.iat the folio-,virg applications for tax reflnds ti,,ori (-E;rtification of ths Tre--svr-.r ire hercby c.,pprovFd:
Tax T), T I c!@p
red &Barbara Granger 80 RE(1/2) 24636-5 12/5/79 10.48
red &Barbara Granger 80 RE(2/2) 24616-5 6/5/80 10.48
red &Barbara Granger 81 RE(1/2) 2913,)-4 12/5/80 2.07
red,& Barbara G t, ar) c. e i@ 8 1 RE(2/2) 29130-4 6/5/81 2.0'
ofin Ft-lanby 78 RE(1/2), 400'69-5 12/20/77 25.5i)
ohn F@;anby 78 RE(2/2) 40669-5 12120177 25.50
he Lakes Ho,,Ip Associ@i,.ion 81 RE(1/2) 436@2-9 12/2/80 78.33
he La!,.es Hciie A@,lociatior, 8i RE(2,/") 43672-9 6/ r:/ 81 78.33
nid tlae @IcCov 82 RE(l/@) 51547-4 2/22/82 r-1.30
zaak D Glasser 82 RE(1/2) 11207-9 3/31/82 25.26
enner V '..Ioolard Jr 82 RE(1/2) 86574-6 11/5/81 11.86
r'niit & Paschall 82 RE(1/2) 60@-151-7 1211'181 6i.43
heck Lease inc 81 pp 21750 5/5/81 169.IL6
hecl, Lease Inc 81 pp 21751 5/5'31 248 110
axine [.ee Davis 82 Pkng 32816 3/26/82 20.00
82 pk.-g 38046 31/'-)31182 -lo.oo
arret, D Foer @l D 81 pp 139465 1I/ 5/81 378.91)
orris F Smitfi 82 Pkng 11881 4/281/82 -4.00
Total 1,21,',4"
This o(dir,@fice silail Lle e@f(II-ti,,,c da!c of
Cei t to
Nere al-@.,oved by
of t;le City if V;fgiiiia iti
Beacti ari t.[)e_,7 day (,f
ioiiii
Approv,,o as to forrn:
i@ulii @ioj,)Os ,,flliiii
- 31 -
ITEM II-G.3 ITEM #18286
Upon motion by Councilman Holland, seconded by Councilman Buchanan,
City Council voted to uphold the recommendation of the City Manager
and DEFERRED FOR TWO WEEKS the Ordinance to amend and reordain
Section 21-377 of the Code of the City of Virginia Beach pertaining
to open storage of inoperative vehicles on residential property.*
Voting: 10-0
Council Members Voting Aye: (for deferral)
John A. Baum, E. T. Buchanan, F. Reid Ervin, Vice
Mayor Harold Heischober, Barbara M. Henley, Clarence
A. Holland, M.D., RebA S. McClanan, Mayor J. Henry
McCoy, Jr., D.D.S., Meyera E. Oberndorf, and Patrick
L. Standing
Council Members Voting Nay:
None
Council Members Absent:
W. H. Kitchin, III
*See Item #18201 INFORMAL SESSION
3 2-
AN ORDINANCE TO A@1,E@ID AND REORDAIN
-377 O@ THE CODE'OF THE
SECTICN 21 Cg @ERTAINING TO
CITY VIRGI@NIA
OPEI,' STORAGE OF l@OPERAT'@V7-
VEHICLES ON RESIDENT-LAL PROPERTY
OF THE CITY OF
BE IT ORDAINED BY THE CITY COUNCIL
VIRIGNIA BEACHE VIRGINIA: the Code of the CitV of Virqinia
That S,ction 23-377 of
'- nded and reordained as follows:
Beach is hereby e
Selti,n 23-377. OPen storage of inoperative vehicles on
residential property.
asS 1 mitdemeanor for
ia) it shall be unlawful and a Cl
in a fully enclosed buildinc or
any person to keep? except with
structurer on any property zoned for residential purposes, any
motor vehicle, trailer or semitrailer
hich is
-inoperative motor
3.noperative. As Deratinq
vehicle' n anv mcto c
shall
v (90) loncer
condition and which for a p-
oarts reg ired
lice
pury such
timE
ino r vehicles, trailers, or
e. The. city
not ch
thi
inc
th orenises, after reas cent, @)r
th, citv t-.hrOLiah its own a
do so.' in tnL-
emr)lovees, remo,,s any such motor ,ehic
fter haviaa qiven @@uch.reasonabl-a noti@e, city
semitrailers, a-.
it-cail@r@
trailer@,
uiay disr-,ose Of... mot,,)r
th,, h,
ire
OT
afte,r
7-ho cost of anv such removal az-.-I clisiDoFal shall be
c.'iaraeal--Ie "o tlie owiier of the vehi.cle or premises and mav be
collected b,7 the city as taxes and le,74-es are col-lected. Everv
cost authorized bv this section with which the owner of the
nremises shall have been as@-e.scrl constitu'le a lien
the pr@-oei@ty from .viiicti the 7;@iiicie aas rer,,oved, the lien to
continue until actual payment of such cost shall been made to the
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 day of 19-.
MES/re
5/12/82
(B.2)
DEPART,'A,T
CIT@
- 34 -
0 R D I N A N C E S
ITEM II-H.I.a ITEM #18287
Upon motion by Councilman Standing, seconded by Councilman Holland,
City Council voted to uphold the recommendation of tbe City Manager
and ADOPT the Ordinance to amend and reordain Chapter 10, Section
10.1 and 10.2 of the Code of the City of Virginia Beach pertaining
to election districts and voting places within the City of Virginia
Beach.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, E. T. Buchanan, F. Reid Ervin, Vice
Mayor Harold Heischober, Barbara M. Henley, Clarence
A. Holland, M.D., Reba S. McClanan, Mayor J. Henry
McCoy, Jr., D.D.S., Meyera E. Oberndorf, and Patrick
L. Standing
Council Members Voting Nay:
None
Council Members Absent:
W. H. Kitchin, III
..3 5-
Requested by: Electoral Board/General Registrar
AN ORDINANCE TO AMEND AND REORDAIN
CHAPTER 10, SECTIONS 10.1 AND 10.2
OF THE CODE OF THE CITY OF VIRGINIA
BEACH PERTAINING TO ELECTIO!Q
DISTRICTS AND VOTING PLACES WITHIN
THE CITY OF VIRGINIA BEACH
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That Chapter 10, Section 10.1 and 10.2 of the Code of
the City of Virginia Beach is hereby amended and reordained as
follows:
Section 10-1. EStablishment of election districts and voting
places.
There are hereby established in the City of virqinia
Beach the following election districts and their respective
voting places, as set forth below:
ELECTION DISTKICT VOTING PHACES
Virginia Beach - A Galilee Episcopal Church
Virginia Beach - B Virginia Beach Junior High School
Virginia Beach - C Cooke Elementary School
Linkhorn Linkhorn Park Elementary School
Seatack Seatack Elementary School
Oceana Knights of Columbus Hall
Alanton Alanton Elementary School
-c'iool
London Bri-dge London Bridge Baptist Church
Trantw ood
Tratitwood Elementary School
Great Neck Tohn B. Dey Elementary School
- 36z
Cape Henry Research and Enliqhtenment Buildinq
Plaza Lynnhaven Elementary School
Mt.,Trashmore Windsor Woods Elementary School
Malibu Malibu Elementary School
Old Donation Old Donation Center fcr Gifted
Aragona Aragona Elementary School
Ocean Park, E)eean-Park-Fire-Stat@n
Bayside Christian Church
Thoroughgood Independence Junior High School
Lake Smith Shelton Park School
Bayside Bayside Elementary School
Davis Corner Bettie F. WilliamS Elementary School
Kempsville Point of View Elementary School
Arrowhead Arrowhead Elementary School
Larkspur Kempsville MeadowS Elementary School
Woodstock Avalon Church of Christ
Fairfield Fairfield Elementary School
Providence Kempsville Recreation Center
Thalia Thalia Elementary School
Holland Holland Elementary School
Red Wing Fire Training Center
Sigma Sandbridge Fire Station
Creeds CreedS Fire Station
Capps Shop Mosquito Control Buildinq
Blackwater Blackwater Fire Station
Courthouse Courthouse Fire Station
Windsor Oaks Windsor Oaks Elementary School
Chesapeake Beach Chesapeake Beach Fire Station
Witchduck Luxford Elementary School
Pembroke Pembroke Meadows Elementary School
Bonney Center for Effective Learning
College Park Colleqe Park Elementary School
Brandon Brandon Junior High School
Bellamy Indian Lakes Elementary School
Lake Christopher New Covenant Presbyter4lan Church
-2-
Timberlake White OakS Elementary School
Green Run Green Run Elementary School
Kings Grant Kings Grant Elementary School
Wolfsnare Regency Clubhouse
Lynnhaven Lynnhaven Colony United Church of
Christ
Central Absentee Voter
Election District Agriculture/,Voter Registrar Building
Section 10-2. Map of election districts.
(a) The geographical boundaries of the election
districts set forth in section 10-1 are hereby established as
delineated on a certain map prepared by the planninq staff of the
city and captioned "Election Districts," which map is hereby
approved.
(b) The clerk of the council shall endorse on the map
referred to in subsection (a) above the date of the council's
approval thereof and file the original map, with the minutes of
the meeting at which such map was approved, in the records of his
office, and shall cause exact copies thereof to be filed with the
general registrar of the city, the clerk of the circuit court and
the planning department.
Adopted by the Council of the City of Virqinia Beach on
the_ day of 1982.
JDB/ER/da
(A)
-3-
- 38-
ITEM II-H.2.a ITEM #18288
The following spoke in behalf of the proposed Ordinance:
Stuart Gordon, President, S.P.C.A.
Mrs. Elizabeth Sills, Life Board Member of S.P.C.A.
Carol Kolbeck relinquished her time
Attorney Judith Zeigler, representing, Southampton Roads Veterinary
Medical Association, spoke in opposition.
Upon motion by Councilman Ervin, seconded by Councilwoman McClanan,
City Council voted to ACCEPT AS PRESENTED and ADOPT the Ordinance
amending an Ordinance approved on July 11, 1966, and an Ordinance
approved on May 13, 1968, authorizing the conveyance of certain
land to the Virginia Beach S.P.C.A.
Voting: 8- 1
Council Members Voting Aye:
John A. Baum, E. T. Buchanan*, F. Reid Ervin, Vice
Mayor Harold Heischober, Clarence A. Holland,
M.D., Reba S. McClanan, Meyera E. Oberndorf,
and Patrick L. Standing
Council Members Voting Nay:
Mayor J. Henry McCoy, Jr., D.D.S.*
Council Members Abstaining:
Barbara M. Henley
Council Members Absent:
W. H. Kitchin, III
*COUNCILMAN BUCHANAN VOICED A VERBAL "AYE"
*MAYOR McCOY VOICED A VERBAL "NAY"
Requested by: Councilmember Reba S. -McClanan
AN ORDINANCE AMENDING AN ORDINANCE
APPROVED ON JULY 11, 1966, AND AN
ORDINANCE APPROVED ON @'AY 13, 1968,
AUTHORIZING THE CONVEY,-,.-,,--' OF CERTAIN
LAND TO THE VIRGINIA BEACH S.P.C.A.
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That an Ordinance adopted on July 11, 1966, and an
Ordinance adopted on May 13, 1968, authorizing the conveyance of
a certain tract of land to the Virqinia Beach S.P.C.A. is herebv
reordained and amended by modifying Section I as follows:
Section 1. Pursuant to Section 15.1-24 of the Code of
Virginia of 1950, as amended, there is hereby appropriated two
(2) acres of land to be conveyed to the Virqinia Beach S.P.C.A.,
a Virginia charitable association. Said land is located in the
Borough of Princess Anne at the intersection of Route 615, or
Oceana Boulevard and General Boothe Boulevard in the City of
Virqinia Beach.
Adopted by the Council of the City of Virgina Beach,
Virginia, on the 7 day of June 1982.
APPRO_VED AS TO CONTENT
DSH/re 5@ -
5/26/82 SIGNATURE
(MISC)
AP,gROVED AS TO FOPIM
-7 X Ligv
CIT@ ATT-,R.Ncy
- 40-
L 0 W B I D S
ITEM II-H.3.a ITEM #18289
The following bids have been received for the Aragona-Witchduck Pumping
Station Replacement Project (CIP 6-605):
Crowder Contracting Company, Inc. $153,300
GAVCO Corporation $157,533
Van de Riet Construction Company, Inc. $168,698
Luke Construction Company, Inc. $177,800
Woodington Electric, Inc. $184,353
Virginia Bridge & Structures, Inc. $228,400
ENGINEER'S ESTIMATE $170,000
Upon motion by Councilman Holland, seconded by Councilman Standing,
City Council voted to uphold the recommendation of the City Manager
and APPROVE the low bid of Crowder Contracting Company, Inc., in the
amount of $153,300 for the Aragona-Witchduck Pumping Station Replace-
ment Project (CIP 6-605) and authorized the City Manager to enter into
the necessary agreements for the implementation of this project.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, E. T. Buchanan, F. Reid Ervin, Vice
Mayor Harold Heischober, Barbara M. Henley, Clarence
A. Holland, M.D., Reba S. McClanan, Mayor J. Henry
McCoy, Jr., D.D.S., Meyera E. Oberndorf, and Patrick
L. Standing
Council Members Voting Nay:
None
Council Members Absent:
W. H. Kitchin, III
- 41 -
ITEM II-H.3.b ITEM #18290
The following bids have been received for the Lakeville Estates
Sewage Pump Station Renovations Project (CIP 6-605):
Luke Construction Company, Inc. $66,700
Crowder Contracting Company, Inc. $78,700
GAVCO Corporation $80,600
Woodington Electric, Inc. $68,519
ENGINEER'S ESTIMATE $61,900
Upon motion by Councilman Holland, seconded by Councilman Standing,
City Council voted to uphold the recommendation of the City Manager
and APPROVE the low bid of Luke Construction Company, Inc., in the
amount of $66,700 for the Lakeville Estates Sewage Pump Station
Renovations Project (CIP 6-605) and authorized the City Manager to
enter into the necessary agreements for the implementation of this
project.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, E. T. Buchanan, F. Reid Ervin, Vice
Mayor Harold Heischober, Barbara M. Henley, Clarence
A. Holland, M.D., Reba S. McClanan, Mayor J. Henry
McCoy, Jr., D.D.S., Meyera E. Oberndorf, and Patrick
L. Standing
Council Members Voting Nay:
None
Council Members Absent:
W. H. Kitchin, III
- 4 2 -
ITEM II-H.3.c ITEM #18291
The following bids have been received for the Trolley Terminal
Project (CIP 3-935):
Piland Construction Corporation, Inc. $173,056
Lockwood Buildings, Inc. $186,647
Richard Beach Builder, Inc. $192,260
R. D. Lambert & Son, Inc. $202,890
C. L. Pincus, Jr., and Company $204,685
Baymark Construction Corporation $204,915
Cardinal Building Corporation $206,870
John Woodard, Jr., Inc. $207,671
George Jensen, Inc. $209,682
E. T. Gresham Company, Inc. $214,881
Virtexco Corporation $222,485
Coleman Construction Corporation $225,151
M. M. Rollins, Jr., and Company $225,740
Samuel L. Gibbs Corporation $240,410
GAVCO Corporation $249,000
ENGINEER'S ESTIMATE $208,400
Upon motion by Councilman Ervin, seconded by Councilman Holland,
City Council voted to REJECT ALL BIDS AND direct the City Manager
to READVERTISE for the Trolley Terminal Project (CIP 3-935).
Voting: 10-0
Council Members Voting Aye: (to readvertise)
John A. Baum, E. T. Buchanan, F. Reid Ervin, Vice
Mayor Harold Heischober, Barbara M. Henley, Clarence
A. Holland, M.D., Reba S. McClanan, Mayor J. Henry
McCoy, Jr., D.D.S., Meyera E. Oberndorf, and Patrick
L. Standing
Council Members Voting Nay:
None
Council Members Absent:
W. H. Kitchin, III
- 43 -
N E W B U S I N E S S
ITEM II-J.1 ITEM #18292
Attorney Grover C. Wright, Jr., represented Mrs. Betty Van Os Crockin
who is requesting an encroachment into the City's right-of-way known
as 85th Street and Ocean Avenue. Mrs. Crockin would like to place
an in-ground pool on the property for therapeutic purposes.
Several alternatives were presented to Council for their consideration
with Attorney Wright presenting Alternative #4, which is closer to
Alternative #3 with the exception that the pool would not encroach
into the right-of-way of 85th Street with the pool equipment being
placed on the 85th Street side.
Upon motion by Councilman Ervin, seconded by Councilman Holland, City
Council voted to APPROVE the request of Mrs. Betty Van Os Crockin for
an encroachment into 85th Street and Ocean Avenue, (Alternative #4).
The pool equipment is to be placed on the 85th Street side.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, E. T. Buchanan, F. Reid Ervin, Vice
Mayor Harold Heischober, Barbara M. Henley, Clarence
A. Holland, M.D., Reba S. McC]anan, Mayor J. Henry
McCoy, Jr., D.D.S., Meyera E. Oberndorf, and Patrick
L. Standing
Council Members Voting Nay:
None
Council Members Absent:
W. H. Kitchin, III
- 44-
Pools. Inc,
809 LIVE OAKE DRIVE CHESAPEAKE, VIRGINIA 23320 (804) 424-4301
6/ 7/8 2
- 4 5-
ITEM II-J.2 ITEM #18 293
Councilwoman Henley advised she has been following the newspaper
articles regarding the action of the Portsmouth Council to review
local and federal proposals "creating a citizens committee to
study impact of state and federal legislative actions on City
Governments" and requested the City place the Resolution on
the Agenda for discussion. A copy of the proposed Resolution
will be made a part of these proceedings.
ITEM II-J.3 ITEM #18 294
Councilwoman McClanan advised that Mr. Dailey's Kellam High School
Goverment Class was attending today's Council Meeting (7 June 1982).
ITEM II-J.4 ITEM #18 295
Councilman Buchanan advised his letter concerning the Freedom of
Information Act will be in Council's Agenda for meeting of 14 June
1982.
E X E C U T I V E S E S S I 0 N
ITEM II-K.1 ITEM #18 296
Upon motion by Vice Mayor Heischober, seconded by Councilman Holland,
City Council voted to recess into EXECUTIVE SESSION (4:05 p.m.) for
discussion of Legal Matters after which they will adjourn.
- 46 -
Voting: 10-0
Council Members Voting Aye:
John A. Baum, E. T. Buchanan,* F. Reid Ervin, Vice
Mayor Harold Heischober, Barbara M. Henley,* Clarence
A. Holland, M.D., Reba S. McClanan, Mayor J. Henry
McCoy, Jr., D.D.S., Meyera E. Oberndorf, and Patrick
L. Standing
Council Members Voting Nay:
None
Council Members Absent:
W. H. Kitchin, III
*COUNCILMAN BUCHANAN VOICED A VERBAL "AYE"
*COUNCILWOMAN HENLEY VOICED A VERBAL "AYE"
4 7 -
A D J 0 U R N M E N T
ITEM II-K.2 ITEM #1829,j
Upon motion by Councilman Buchanan, City Council adjourned at 4:15 p.m.
Diane M. Hickman, Deputy City Clerk
Rut Hdge@ mith, CMC, City Clerk ayor J. Henry McCoy, Jr., D.D.S.
City of Virginia Beach,
Virginia
7 June 1982
dmh/asd