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HomeMy WebLinkAboutJUNE 7, 1982 MINUTES C, CITY coulvclt. 'A@C)R 1. HE.NP,@' McC@)Y @R. 1) D@S.. k@@Cii-MAY(,R ii.4,70LL) iiEISCI;iC,al,,R, L,,,@ JC,H,@ A. BAT;M. E. T BL;CIYA,@A,@. F. REID Ek'/IN, .41 L.,g, BARBARA M. IIE,'@LE@ , P-g. B.-@g6 -LARENCE A. HCILL.A@D @- il K17CIilV. 111. V@,;l@,, l,'@ 9A S. M@CLA,@AN, .9, ERA E. A, PATRiCK L. STANI'l,@G. A, L.,g@ IIVNICIPAL CE.@'fr,- VIRGINIA BEACii. VIRCI@,'IA 2@@)6 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