HomeMy WebLinkAboutMAY 24, 1982 MINUTES
"@VORLD'S L
CITY COL@NCIL
.MAYOR 1. HFIRY (Y JR.. D.D.S.,
@@!CF-IIAYC'R il@IROLl @CISCHOBER. Al L,,,@
JOHN A. BA(lli, .......
F REID ERVIN. 1;
BARBARA
'i. IIE@,LEI, P.@g.
CL-ARE,VCE A. IIOLL,AND, A.D.. @,@,d@ B.,@.gb
W H KITCHIN. Ill. V,,,:... B-,b @.-.gb
PATRICK L. STAt4DiNG, Al L.,g. C. I
MLI@ICIP,4L CEA'7ER
RUTH HODGES SMITII. Cil, Cl@,* VIRGIVIA BEACH, VI@.CINI.A @3,@56
1264) 427-4303
CITY COUNCIL AGENDA
May 24, 1982
ITEti I INFORTIAL SESSION: 5:30 p.m.
A. CALL TO ORDER Mayor J. Henry McCoy, Jr., D.D.S.
B. ROLL CP.LL OF COUNCIL
C. tiOTIOtl TO RECESS INTO TNFOR@1ALIEXECtJTIV@ SESSINN
D. PRESENTATION/OISCUSSION OF PERTINFNT MATTERS
1. @latters for discussion@,,@,Ko-r.
2. tlatters for discussiorl by Cotincil.
3. Newtown Road Pro
..iect, Virqinia Beach Boulevard to Baker Roa(,:
Discuss on of I
4. Central Library Site: Discussion
ITE@l II FOf'r',AL SESSION: 7:00 p.m.
A. INVOCATION: Reverend John H. Jordan, Jr.
Pastor, Galilee Episcapol ChL!rch
B. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE TJNITE,) STATES OF APAERICA
C. ELECTPONIC POLL CALL OF CO@,'@@CIL
D. iiiiiulLS @i UIJ,) 1 ILL , I @i@,
1. @,loti o ri to itccppt/a.,)prove tIlL tliilules of th,, Special Me('titi(] of
Vay 14 , I 9P,2.
2. !,'.cjt ion ',-o accerillar,)(r,,!c, LI)c@ tliri,(I, @ of tl-,(, Regulai@ @leet-ri(i of
t'ay I/,
ITEt,l II FZESOLUTIONS
I Peol@i+ior. of
and Ti@"Ins[)c)rtat;o,,) to vacat@ accpss liii., cri
the not,th side of Northamp@@c)n 1)'ouievard h,-.Qir,@iing a@ t@e
existing Diamond Springs Road to a poirit 212 fee'@ to the
east and on the south side of @iorthampton 13oulevard be(-,innii-,g
at DiErotid Spi,@Iri, Road to 300 fee@ n
accoy-d.aiic,) @qit@i !@@le City' s Spri ng@,
2. Resolution authorizing the City Manager to enter into
negotiations for the purclias@ of7 a Central Lihi@ary Site and
further authorizing him to e,itei@ into those agreer,,,ents and
execute those deeds and docuii@@,iiLs necessary to purclielse the
proposed site. (This item was deferred on May 17, 1982 Lintil
today).
F. CONSENT AGENDA
All matters listed kinder the Consent Ag-Inda are considered ro',Itine
by City Council and will be enacted by one motion in the foriti
listed. There will be no separate discussion of these items. If
discussion is desired, that item will be removed from the Consent
Age-da and considered separately.
1. Ordinance, on SECOND READING, to appropriate funds of $13,054
to the Virginia Milnicipal Leagu(,/Vi,,ginia Association of Counties
VEPCO Steering Committee and its activities in negotiatinq utilit,'/
rates for localities.
2. Bingo/Raffle Permits:
Sandbridge Fire Brigade, Inc. Bingo/Raffle
V.F.W. Post 392 Raffle
City Mana(,er recommends approval.
3. Request of the City Treasurer for tax refunds in tlie amoiiilt of
$284.40.
G. PLANNING ITEMS
1. Application of Earl M. Tebauit for a conditional use @e rn@it, for
a mobile liome @o farm laborers on a .13-acre @arcel located
along the west side of Blackwater Road, north o-F Land of Promise
Road (Blackwater Borough).
I pt tp, t@,(, ri+,@ i-r;in@mit@ @h@ re,nm,,P.nd@tio', @f 4-@@
Planning Commission _eor aj)_2roval-.
2. Application of S-inion R. Mcrherson for a cotiditional use permit f',)I,
a resi(ipri@,.ial kr@iiriel on a parcel located alonq the @4est
si I I)L@t@h Of I-dt)dstok%,n Poad (Princc@ss @,nne [@,)rougll).
Lettc,r froi@ t@i(,, City @r@i@sriits thc- of t@ie
JTEt'l 11 6, PLAI@;'i!tL'(,,
3 [@pplic:ation of '@titerna@-icri@l PLirl,@.i,3v '@ssciciates for a coriditional
u,
i t f o r @i 1 c ti a parcc-,l locatccl
i@st of the intc,@,sectioii of Ititer,riatio@ial Parkway and Londc)li
Bridge Road (Princess Anne BoroL]gh).
I-etter from the City-.Vanager transniits the recoTilTiendation of the
Commis@;['Or! 'roi, "@@v@ll.
I t@ - I ---
4. Ordinance to amend the i@ster Street and Highway Plan pertaining
to an increase of i,ight-oll-@q@,y for Baker Road, Diamond @@prings
Road, Wesleyan Drive, arid Novitown Road.
Letter from the City @,lanag(@r transmits the recomrgendation of the
Plaiining Comniiss;on for ap_proval.
5. Ordinance to amend and reordain Section 3.2 of the Site Plan
Ordinance pertainirg to procedure for site development plan
approval.
H. ORDINANCES
1. Ordinance to amend and rk-ordain Chapter 5 of the Code of the City
of Virginia Beach, Virginia relatinc, to animals and fowl by
adding Section 5-11.1 (a), (b), (c), and (d) thereto pertaining
to irnpoundment getierally.
2. Ordinance to ainend and reordain Section 5-14 of the Code of the City
of Virginia Beach, Virginia relating to disposition of dead animals
generally.
3. Ordinance to adopt a Section 5-17 of the Code of the City of
Virginia Beach pertaining to fees for the impoundment of animals
generally.
4. Ordinance to amend and reordain Chapter 5 of the Code of the City
of Virginia Beach, Virginia relating to animals and fowl by
amending Section 5-48 Subsection (a) and adding Subsection (c)
thereto pertaining to tax imposed.
5. Ordinance to amend and reordain Chapter 5 of the Code of the City
of Virginia Beach, Virginia relating to animals and fowl by
adding SLibsection (4), to Section 5-49 thereto pertaining to
when tax due and payable.
6. Ordinance to amend and reordain Section 38-1 of the Code of the
City of Virginia Beich pertaining to the carrying of concealed
weapons.
7. Ordinance to add a Section 35-11 to +he Code of the City of Vii-gillia
Beach pertaining to payinent of admiriistrdtive costs in collec@iori
of del-@'nqticnt -La)@es.
4
ITEM 11 1. !SHED BLjSl!,'LSs
1 . Tax Re] ief toi, tl)e Elc,t@rly - ili,@ R@iy,iorid Gi@,,ii)ci,t
J. NEW BUSINESS
K. ADJOURNMENT
1. Motion to adjourn.
M I N U T E S
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
24 May 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, 24 May 1982
F.ive-Thirty in the evening.
Council Members Present:
John A. Baum, E. T. Buchanan, Vice Mayor Harold
Heischober, Barbara M. Henley, W. H. Kitchin, III,
Reba S. McClanan, Mayor J. Henry McCoy, Jr., D.D.S.,
and Meyera E. Oberndorf
Council Members Absent:
F. Reid Ervin*, Clarence A. Holland, ***, and Patrick
L. Standing
ITEM #18231
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. PUBLICLY HELD PROPERTY: Discussion or consideration of the
condition, acquisition or use of real property for public
purpose, or of the disposition of publicly held property,
or of plans for the future of an instutition which could
affect the value of property owned or desirable for ownership
by such institution.
2. 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.
*COUNCILMAN ERVIN ENTERED MEETING AT 5:32 p.m.
- 2-
Upon motion by Councilman Buchanan, seconded by Vice Mayor Heischober,
City Council voted to proceed into the EXECUTIVE SESSION following the
INFORMAL SESSION.
Voting: 8- 1
Council Members Voting Aye:
John A. Baum, E. T. Buchanan*, F. Reid Ervin, Vice Mayor
Harold Heischober, Barbara M. Henley, W. H. Kitchin, III,
Mayor J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
Reba S. McClanan
Council Members Absent:
Clarence A. Holland, M.D., and Patrick L. Standing
*COUNCILMAN BUCHANAN LEFT COUNCIL MEETING AT 5:50 P.M.
**COUNCILMAN STANDING ENTERED MEETING AT 5:45 P.M.
***COUNCILMAN HOLLAND ENTERED MEETING AT 5:50 P.M.
- 3 -
M A T T E R S B Y T H E M A Y 0 R
PUBLIC HEARING/NEWTOWN ROAD ITEM #18232
Mayor McCoy advised Council of the Public Hearing on the Newtown
Road Project from Virginia Beach Boulevard to Baker Road on June
29, 1982, 7:30 p.m., Newtown Elementary School.
The Mayor advised he would be attending the Public Hearing.
The City Manager advised this matter was on the INFORMAL AGENDA
to select an elected official to represent the City at this
Public Hearing.
APPOMATTOX RIVER WATER AUTHORITY ITEM #18233
Mayor McCoy advised "in view of the Resolution handed down by the
Appomattox River Water Authority it is necessary a Committee be
restructured and meet with the Authority as soon as possible".
Mayor McCoy appointed the following:
Thomas H. Muehlenbeck
Aubrey V. Watts, Jr.
J. Dale Bimson
Vice Mayor Harold Heischober
Mayor J. Henry McCoy, Jr., D.D.S.
The City Manager advised he had copies of the Resolution from the
Appomattox River Water Authority for Council's perusal.
A letter is to be written to the Authority advising of Mr. Muehlenbeck's
appointment as City Manager of Virginia Beach.
INTERIM CITY MANAGER ITEM #18234
Mayor McCoy advised that this meeting will be Mr. Dodd's last as
City Manager and would like to thank him for taking over during
these difficult times.
The City Manager advised he has "thoroughly enjoyed being City
Manager during this period and would like to thank the Council
and staff for their support".
- 4-
M A T T E R S B Y C 0 U N C I L M E M B E R S
VML CONFERENCE ITEM #18235
Councilwoman Oberndorf thanked Council for permitting her to
attend the Virginia Municipal League's Conference on Anti-Trust
Laws, Conflict of Interest and Freedom of Information held in
Richmond.
Councilwoman Oberndorf advised she had several brochures on this
and if any member of Council wished to have a copy please notify
her.
BABY BOY/GRANDCHILD ITEM #18236
Councilman Buchanan advised Council that on May 23, 1982, at 3:30 p.m.,
his wife gave birth to an 8-lb 3-oz baby boy. The baby is named Ernest
T. Buchanan, IV.
Councilman Ervin advised he became a grandfather last week as his
daughter gave birth to a fine baby boy.
COALITION OF MINORITY CIVIC LEAGUES ITEM #18237
Councilwoman Oberndorf advised a letter was received from the
Coalition of Minority Civic Leagues requesting an opportunity
to "get the type of information requested by Council of them
as there has been a breakdown in communications between Community
Development and the Coalition".
I N F 0 R M A L S E S S I 0 N
RUDEE INLET PUBLIC HEARING ITEM #18238
The City Manager advised that C. Oral Lambert, Director of Public
Works, will give a presentation to Council regarding Rudee Inlet
BEFORE the Public Hearing held by the Corps of Engineers on June 22,
1982, at 7:30 p.m., at Virginia Beach Junior High School.
Mr. Lambert will speak before Council on June 14, 1982.
- 5-
MASTER STREET AND HIGHWAY PLAN ITEM #18239
The Planning Director advised his staff is in the process of
a systematic review of the Master Street and Highway Plan.
The Bayside Study area is the first review undertaken. Of particular
importance are the Newtown, Diamond Springs and Baker Roads and Wesleyan
Drive. When Planning proposed and the Council adopted the densities
that go along with the Comprehensive Plan in that area the staff
developed the right-of-way widths of those roads.
Mr. Scott advised it might be appropriate to consider greater widths
on some of the above mentioned roads IF certain factors are present:
1. High level of uncertainty regarding future
traffic volumns.
2. The additional right-of-way can be effectively
used.
3. Current costs and impacts relating to the
acquisition of additional right-of-way-
Mr. Scott suggested four (4) changes to the Master Street and Highway
Plan (the Planning Commission has recommended these changes):
1. Increase the right-of-way on Baker Road
between Wesleyan Drive and Newtown Road
from 66 feet to 90 feet.
2. Increase the right-of-way on Diamond Springs
Road between Northampton Boulevard and Newtown
Road from 90 feet to 110 feet.
3. Increase the right-of-way on Wesleyan Drive
between Diamond Springs Road and Haygood Road
from 90 feet to 110 feet.
4. Increase the right-of-way on Newtown Road
between Virginia Beach Boulevard and Diamond
Springs Road from 90 feet to 110 feet.
CENTRAL LIBRARY SITE ITEM #18240
The City Manager advised he received a letter from Bruce B. Mills
in behalf of Mrs. Paula Collins offering to the City of Virginia
Beach a site for the proposed Central Library for $400,000.
The City Engineer compared the two sites offered to Council:
5124/82
- 6 -
THALIA WAYSIDE CORPORATION
Site Clearing (7 acres @$1000) $7,000
Construct Patton Lane (will be con-
structed by developer)
Left Turn Lane (will be constructed
by developer)
Sewer (will be provided on-site by
developer)
Water (will be provided on-site by
developer)
Drainage (Retention System Required) -
upon developer constructing subdivision
to north of property, an adequate outfall
will be available to west of property
(approximately 500' distance), developer
agrees to grant drainage easement.
Electrical (service available to south of
property line)
Total
$ 7 , 000
COLLINS PROPERTY
Site Clearing (6.6 acres @$2500) $16,500
Construct Collins Way (400' - will
be constructed by owner)
Left Turn Lane (existing)
Sewer 1,500
Water (will be provided on-site by
owner)
Drainage (Retention System Required
for both sites)
Electrical (service available at
south end of property)
Total $18,000
- 7-
The City Engineer presented to Council a map showing the two locations
available for the Central Library site.
The City Attorney advised this matter should be discussed in
EXECUTIVE SESSION.
City Council recessed into EXECUTIVE SESSION, (6:20 p.m.)
5/24/82
-8-
F 0 R M A L S E S S I 0 N
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
24 May 1982
7:20 p.m.
Council Members Present:
John A. Baum, F. Reid Ervin, Vice Mayor Harold
Heischober, Barbara M. Henley, Clarence A. Holland,
M.D., W. H. Kitchin, III*, Reba S. McClanan, Mayor
J. Henry McCoy, Jr., D.D.S., Meyera E. Oberndorf,
and Patrick L. Standing
Council Members Absent:
E. T. Buchanan
INVOCATION: Reverend John H. Jordon, Jr.
Pastor, Galilee Episcapol Church
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
*COUNCILMAN KITCHIN VOICED A VERBAL "PRESENT"
- 9-
M I N U T E S
ITEM II-D.1/2 ITEM #18241
Upon motion by Councilman Standing, seconded by Councilman Holland,
City Council voted to APPROVE the Minutes of the Special Meeting of
May 14, 1982 and the Minutes of the Regular Meeting of May 17, 1982.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, Vice Mayor Harold Heischober,
Barbara M. Henley, Clarence A. Holland, M.D., W. H. Kitchin,
III, Reba S. McClanan, Mayor J. Henry McCoy, Jr., D.D.S.,
Meyera E. Oberndorf, and Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
E. T. Buchanan
-10-
R E C 0 G N I T I 0 N
ITEM #18242
Mayor McCoy recognized the First Colonial High School Government
Class of Mrs. Jennie James. The class attended Council for extra
credit.
R E S 0 L U T I 0 N S
ITEM II-E.1 ITEM #18243
Upon motion by Councilman Standing, seconded by Councilman Holland,
City Council voted to uphold the recommendation of the City Manager
and ADOPT the Resolution requesting the Virginia Department of
Highways and Transportation to vacate the limited access line on
the north side of Northampton Boulevard beginning at the existing
Diamond Springs Road to a point 212 feet to the east and on the
south side of Northampton Boulevard beginning at Diamond Springs
Road to a point 300 feet to the east in accordance with the City's
Diamond Springs Road plans.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, Vice Mayor Harold Heischober,
Barbara M. Henley, Clarence A. Holland, M.D., W. H. Kitchin,
III, Reba S. McClanan, Mayor J. Henry McCoy, Jr., D.D.S.,
Meyera E. Oberndorf, and Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
E. T. Buchanan
Pub.
A meeti ii,,- c,,f the Cou,-. @)-l i ty
@,,as hol.d i-n -,tie Counc@;
B@;ildiiag, on the -24th, day of rl,@-y 1 9 8
On Motion by Counci @taii-,' li@c @ii)ci @.@ecc@ncl(-@ci
by Cot@ncilman Hollarid
,@(,soluti-C)II was
adopted,
R E S 0 I, tJ T I 0 q
'qHEREAS, tlic-, Ii 1-1 @@l
the Diamond Springs Road Project beginniiig in July of 1992; and
WHEREAS, there exists a limited access right-of-way
line along both sides of Northaiipt:on Boulevard in tl,,o v4-cinity of
where the new Diamond Springs Road will cross Northampton
Boulevard; and
WHEREAS, the City wishes to move the present intersection
of Diamond Springs Road and Nortliampton Boulevard to the east to
avoid the acquisition of commercial buildings to the south.
NOW, THEREFORE, be it resolved that the Council of tlil-
City of Virginia Beach reques-'s tliat i-l-@e Vii--gini-a Departirent of
Highways and Traiisportati.on vac-,ate tlic@ litiited a--cc-,ss line,, oii thc@
north side of Northanipton Boulevaro, boct.'Inri.'Ljig at the existing
Diamond Springs Road to a point '-11-2 feet t@o Lhe cast at-id on thc,
south side of Northampton Boulevard begiiini.ng at Diamond Springs
Road to a point 300 feet to the cast in accordance with the City's
Diamond Springs Road plans.
JAR:kg/re
5/3/82
(Res.2)
- 1 2 -
ITEM II-E.2 ITEM #18244
The following spoke in behalf of the Resolution:
Mrs. Linda Rawls, 1360 Little Neck Road
C. W. Tazewell, 3517 Sandy Point Key in
Kings Forest
Jack Robertson, President of Library Board,
requested he speak only if there were
any questions
Attorney Bruce B. Mills, representing Paula Collins, spoke in
behalf of Mrs. Collins' request Council purchase her parcel
of property.
Mr. J. B. Andrews, 3026 Watergate Lane, spoke in opposition.
Councilman-Elect H. Jack Jennings spoke on this matter.
Mrs. Marcy Sims, Library Director, spoke on this matter.
Councilman Baum made a motion, seconded by Councilman Standing,
to uphold the recommendation of the City Manager and ADOPT the
Resolution authorizing the City Manager to enter into negotiations
for the purchase of a Central Library Site and further authorized him
to enter into those agreements and execute those deeds and documents
necessary to purchase the proposed site.
Vice Mayor Heischober offered an AMENDMENT to the MAIN MOTION that
"this action in no way eliminates the Little Neck Branch Library
from the Capital Improvements Program".
With Councilmen Baum and Standing agreeing the MAIN MOTION reads as
follows:
"Upon motion by Councilman Baum, seconded by Councilman
Standing, City Council voted to uphold the recommendation
of the City Manager and ADOPT the Resolution authorizing
the City Manager to enter into negotiations for the
purchase of a Central Library site and further authorizing
the City Manager to enter into those agreements and
execute those deeds and documents necessary to purchase
the proposed site with the understanding that this action
in no way eliminates the Little Neck Branch Library from
the Capital Improvements Prorgram."
Voting: 7-3
1 3 -
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, Vice Mayor Harold Heischober,
Clarence A. Holland, M.D., W. H. Kitchin, III, Mayor J.
Henry McCoy, Jr., and Patrick L. Standing*
Council Members Voting Nay:
Barbara M. Henley, Reba S. McClanan, and Meyera E.
Oberndorf**
Council Members Absent:
E. T. Buchanan
*COUNCILMAN STANDING ADVISED THAT PROPERTY SUCH AS THIS IS SOLD BY
THE FRONT FOOT NOT BY THE ACRE
**COUNCILWOMAN OBERNDORF ADVISED SHE WAS NOT VOTING AGAINST THE
CENTRAL LIBRARY BUT AGAINST THE SITE SELECTED.
I,IH@.REAS, the Cc)t@ii-lil of t@ie Ci@--y of Vii,ginia Beacli ha@3 been
advised by Llie 1-ibrary P)o@@@'d that -tlhe Bo@ird 1- tc,,r,"'y coil@ple@@@f,d its
Capital Developiiient Plan @qhich assessed the fLit,)i@e itiforrnatiorl rieed-s
of t[ie citizens of Virginia Reach; and
i@i --velopmerit + was
that a Central Library facility will be needed if' "he City is to iiiee-u
the minimuii) standards fo@@ Virginia Public Libi-aries; and
WHEREAS, the Library Board @ias furthc,@, advised that a site
on the Little Neck Peninsula adjacent to Virginia B(,ac@l Boulevard is
the best location for the eventual constructior@ of this new facility; and
WHEREAS, a nuinber of sites in this general area have been reviewed,
but it is the reconimendation of both the Library Board and the staff
that a seven-acre site owned by the Thalia Wayside Corporation is the
best value and best serves the needs of the residents of the area, as
well as all citizens of this City; aiid
WHEREAS, funds are available fi,om gener-al improvenient capital
project funds for the purchase of this site;
NOW, THERER-ORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA:
That the City Manager is authorized to enter into negotiations
for the ptircha@-e of this site and is further au@Lhorized to enler into
those agreements and execute those deeds and docuiiients necessary to purchase
the proposed site.
- 1 5 -
C 0 N S E N T A G E N D A
ITEM 11-F.1 ITEM #18245
Upon motion by Vice Mayor Heischober, seconded by Councilman Standing,
City Council voted to uphold the recommendation of the City Manager
and ADOPT ON SECOND READING the Ordinance to appropriate funds of
$13,054 to the Virginia Municipal League/Virginia Association of
Counties VEPCO Steering Committee and its activities in negotiating
utility rates for localities.
Voting: 1 0- 0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, Vice Mayor Harold Heischober,
Barbara M. Henley, Clarence A. Holland, M.D., W. H. Kitchin,
III, 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:
E. T. Buchanan
A@' Oll!@ '7, -1@I
VIIL
Li@cAf.-I-l'iES
tvtiLNLI@b, rtie t@ity of Xlirginia Beich mu@t i-, u@!,(,Liate a new c@iitract
effective Jan@iary 1, 1983 -or ttie purcliaqc of @.lectricity f,@r iLs own
use froin Virl-iiii.@ j',,x,;er C,.ITlpan, I @,@C.
IMEREAS, a Steerin., CoiiLnittee, composed of rc@presentatives of
Virginia cities, toxms, and cotiiities exists tc) spi,,@t localities in
negotiating rates and contracts for the purchr,,@,-@ C)f electrici.tv "rom
VEPCO, and lias becn successful in such negotidti('Ils, and-
1,THEREAS, tlie Virginia Muriicipal League and Virginia Association
of Counties have requested a financial contribution from Virginia cities,
toiqns and counties based on proportional electricity usage by each
locality during 1980 to support tlie activities of the Steering Committee,
and
IqIIEREAS, this contribution will stipport tlie employment of counsel
and consultants to assist in negotiations for iiew utility rate agreements, and
WHEREAS, based on its 1980 usage, the City of Virginia Beach has been
assessed a sum of $13,054 as its contribution to tlie activities (-'f tlie
Steeri-ng Committee, and
WHEREAS, City Couiicil feels that slippc)rt for the Steering Comlittee
is in the city's best interest.
NOW, THEREFORE, BE 11' ORDAINED BY THE COUNCIL OF THE CITY OF
VTRGINIA BF-ACH that funds of $13,054 be appropriated from the cene]7al
Fund Reserve for Contingencies as a coiitribution to the Virginia @ltinicipal
League for the Steering Committee and its activities in negotiating
utility rates for localities.
This ordinance shall be in effect from the date of its adoption.
Adopted by the Counci.1 of tlie City of Virginia Beach, Virginia
on the 24th -day of ---. May 1982.
M I
Second Reading:_ May 24, 1982
- 1 7 -
ITEM II-F.2 ITEM #18246
Upon motion by Vice Mayor Heischober, seconded by Councilman Standing,
City Council voted to uphold the recommendation of the City Manager
and APPROVE the following Bing6/Raffle Permits:
Sandbridge Fire Brigade, Inc. Bingo/Raffle
V. F. W. Post 392 Raffle
Voting: 10-0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, Vice Mayor Harold Heischober,
Barbara M. Henley, Clarence A. Holland, M.D., W. H. Kitchin,
III, Reba S. McClanan, Mayor J. Henry McCoy, Jr., D.D.S.,
Meyera E. Oberndorf, and Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
E. T. Buchanan
-18-
ITEM II-F.3 ITEM #18247
Upon motion by Vice Mayor Heischober, seconded by Councilman Standing,
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 $284.40.
V o t i n g :1 0 - 0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, Vice Mayor Harold Heischober,
Barbara M. Henley, Clarence A. Holland, M.D., W. H. Kitchin,
III, Reba S. McClanan, Mayor J. Henry McCoy, Jr., D.D.S.,
Meyera E. Oberndorf, and Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
E. T. Buchanan
I liat t 1) t C) I
'il C;!
f
- - - -- -----
e@iiiii BLiil@Aers !)ic @52
2
2 4
2 7 ti 2 'L' 5@
Tota,l 2C-4.40
i i!@ of (I i;, (1-
$ 2,8 4 - 4 0
cf ilil-I City of Vil@!illiLl
Be,acii c,:, til@ 24 (ia, cf i%l a y
i i c r
- 20 -
P L A N N I N G A G E N D A
ITEM II-G.1 ITEM #18248
Earl M. Tebault appeared in behalf of his application
Upon motion by Councilman Baum, seconded by Councilman Holland, City
Council voted to uphold the recommendation of the Planning Commission
and APPROVE the application of EARL M. TEBAULT for a Conditional Use
Permit as per the following:
ORDINANCE UPON APPLICATION OF EARL M. TEBAULT R0582462
FOR A CONDITIONAL USE PERMIT FOR A MOBILE HOME
FOR FARM LABORERS
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
Ordinance upon application of Earl M. Tebault for a
Conditional Use Permit for a mobile home for farm
laborers on certain property located on the West side
of Blackwater Road beginning at a point 2170 feet
North of Land of Promise Road, running a distance of
150 feet along the West side of Blackwater Road, running
a distance of 328.55 feet along the Northern property
line, running a distance of 150 feet along the Western
property line and running a distance of 328.55 feet along
the Southern property line. Said parcel contains 1.13
acres. BLACKWATER BOROUGH.
Approval is subject to the following provision in
conjunction with the intended use of the land:
1. A soil analysis of the site is required.
This Ordinance shall be effective from date of adoption.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the Twenty-Fourth day of May, 1982.
2 1 -
Voting: 1 0 - 0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, Vice Mayor Harold Heischober,
Barbara M. Henley, Clarence A. Holland, M.D., W. H. Kitchin,
III, Reba S. McClanan, Mayor J. Hehry McCoy, Jr., D.D.S.,
Meyera E. Oberndorf, and Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
E. T. Buchanan
- 2 2 -
ITEM II-G.2 ITEM #18249
Simon R. McPherson appeared in behalf of his application
Upon motion by Councilwoman McClanan, seconded by Vice Mayor Heischober,
City Council voted to uphold the recommendation of the Planning
Commission and APPROVE the application of SIMON R. McPHERSON for a
ConditiOn6l Uso Pormit as per the following with the inclusion of
two (2) additional conditions:
1. Applicant must meet the setback requirements
of his property.
2. Limit the number of dogs to SIX (6).
3. Soil analysis of the site is subject to
STATE HEALTH DEPARTMENT REQUIREMENTS.
ORDINANCE UPON APPLICATION OF SIMON R. McPHERSON R0582463
FOR A CONDITIONAL USE PERMIT FOR A RESIDENTIAL
KENNEL
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
Ordinance upon application of Simon R. McPherson for a Conditional
Use Permit for a residential kennel on certain property ocate on
the West side of Salem Road beginning at a point 1630 feet more or
less South of the intersection of Landstown Road, running a distance
of 80.52 feet along the West side of Salem Road, running a distance
of 300 feet along the Southern property line, running a distance of
80.52 feet along the Western property line and running a distance of
300 feet along the Northern property line. Said parcel contains .55
acre. PRINCESS ANNE BOROUGH.
Approval is subject to the following provisions in conjunction
with the intended use of the land:
1. Soil analysis of the site is subject to State Health
Department requirements.
2. Limit the number of dogs to SIX (6).
3. Applicant must meet setback requirements on his
property.
This Ordinance shall be effective from date of adoption.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the TwOnty-FoUrth day of May, 1982.
2 3 -
Voting 1 0- 0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin,* Vice Mayor Harold Heischober,
Barbara M. Henley, Clarence A. Holland, M.D., W. H. Kitcbin,
III, Reba S. McClanan, Mayor J. Hehry McCoy, Jr., D.D.S.,
Meyera E. Oberndorf, and Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
E. T. Buchanan
*COUNCILMAN ERVIN VOICED A VERBAL "AYE".
- 24-
ITEM II-G.3 ITEM #18250
COUNCILMAN ERVIN LEFT COUNCIL CHAMBERS
Attorney V. A. Etheridge, Jr., represented the applicant
Upon motion by Councilwoman McC]anan, seconded by Councilman Holland,
City Council voted to uphold the recommendation of the Planning
Commission and APPROVE the application of INTERNATIONAL PARKWAY
ASSOCIATES as per the following:
ORDINANCE UPON APPLICATION OF INTERNATIONAL PARKWAY R0582464
ASSOCIATES FOR A CONDITIONAL USE PERMIT FOR LANDFILL
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA:
Ordinance upon application of International Parkway Associates for
a Conditional Use Permit for landfill on certain property located
317 feet West of International Parkway beginning at a point 1300
feet more or less Northwest of the intersection of International
Parkway and London Bridge Road, running a distance of 1158.95 feet
along the Northern property line, running a distance of 1419.71
feet along the Western property line, running a distance of 138.51
feet in an Easterly direction, running a distance of 391.38 feet
in a Northeasterly direction, running a distance of 855.98 feet
in a Southeasterly direction, running a distance of 195 feet in a
Northeasterly direction, running a distance of 627.43 feet in an
Easterly direction and ruunning a distance of 940.50 feet along the
Eastern property line. Said parcel contains 32.348 acres. PRINCESS
ANNE BOROUGH.
Approval is subject to the following provision in conjunction with
the intended use of the land:
1. No excavation or filling will be allowed without obtaining the
necessary permits from State, Local and Federal Agencies,
including the State Health Department, Division of Solid and
Hazardous Waste Management.
This Ordinance shall be effective from date of adoption.
Adopted by the Council of the City of Virginia Beach,
Virginia, on tho Twenty-Fourth day of May, 1982.
2 5 -
Voting: 9 - 0
Council Members Voting Aye:
John A. Baum, Vice Mayor Harold Heischober, Barbara
M. Henley, Clarence A. Holland, M.D., W. H. Kitchin,
III, Reba S. McClanan, Mayor J. Henry McCoy, Jr.,
D.O.S., Meyera E. Oberndorf and Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
E. T. Buchanan, and F. Reid Ervin
- 2 6 -
ITEM II-G.4 ITEM #18251
COUNCILMAN ERVIN RETURNED TO CHAMBERS
Upon motion by Councilman Standing, seconded by Councilman Holland,
City Council voted to uphold the recommendation of the Planning
Commission and ADOPT the Ordinance to amend the Master Street and
Highway Plan dated December 16, 1974 pertaining to an increase of
rights-of-way for Baker Road, Diamond Springs Road, Wesleyan Drive
and Newtown Road.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin,* Vice Mayor Harold Heischober,
Barbara M. Henley, Clarence A. Holland, M.D., W. H. Kitchin,
III, Reba S. McClanan, Mayor J. Hehry McCoy, Jr., D.D.S.,
Meyera E. Oberndorf, and Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
E. T. Buchanan
*COUNCILMAN ERVIN CHANGED HIS ABSTAINING VOTE TO AN AYE VOTE AS
THE MATTER WAS ON THE MASTER STREET AND HIGHWAY PLAN
2 7 -
A N 0 R D 1 @ f@ t,," E T 0 f,, t@ E
THE MASTER S-f@@,-LT At@,D IIIG@'@1,AY PLAN
DATLO, 16, 1 117
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACII, VIRGINIA:
That the f@,aster Street and Higliviay Plan dated Deceniber 16, 1974, is
hereby amended as follows:
1. Baker Road betvieen Wesleyan Drive and N@.wtown Road be increas-d
froni a 66-foot right of way to a 90-foot right of way.
2. Dia@flond Spi-ings Road froiii @Jortlianipton Boulevard to Newtown Road
be increased from a 90-foot right of way to a 110-foot right of
way.
3. Wesleyan Drive from Diaiiiond Springs Road to Haygood Road be in-
creased from a 90-foot right of way to a 110-foot right of way.
4. Newtown Road froni Virginia Beach Boulevard to Diamond Springs
Road be increased from a 90-foot right of way to a 110-foot
right of way.
Adopted by the Council of the C-ity of Virginia Beach, Virginia, on the
24th day of May 1982.
iTY AT-1 OP @4F,l
- 28-
ITEM II-G.5 ITEM #18252
Upon motion by Councilman Standing, seconded by Councilman Holland,
City Council voted to uphold the recommendation of the Planning
Commission and ADOPT the Ordinance to amend and reordain Section 3.2
of the Site Plan Ordinance pertaining to procedure for site develop-
ment approval.
Voting: I 0 - 0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, Vice Mayor Harold Heischober,
Barbara M. Henley, Clarence A. Holland, M.D., W. H. Kitchin,
III, Reba S. McClanan, Mayor J. Henry McCoy, Jr., D.D.S.,
Meyera E. Oberndorf, and Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
E. T. Buchanan
ORDINA!i,,@; I
';',CTION 3.,,- TIC llj,All C) A
P@,'RTAINI,'@",@ PCr-,,
A'@l'@C)VAL
BE IT ORr,@@INIED i-@
PC,,ACH
That Section 3.2, Procedkire Eor Site Development Plan
Approval, of the Site Plan Ordinance is amended and reord,irie(I as
follows:
3.2. Procedure for site devel-opment 1,Dlan approval:
A.l- The developer, shall cause to be prepared a site
development plan with other Ilaterial as ,et forth in sections 4
and 5.
A.2. At the time the site development plan is
presented, a fee of $20.00 per site development plan shall be
paid to cover the cost of examination and processing. Such r--e
shall be payable to the treasurer of tlie city.
B. After the site developiii(-.nt plan, related materials
aiid fees liave been submitted, it shall be reviewed and processed
by the city agent and other affected city aqencies for conformity
to this ordinance and other applicable regulations. The city
agent shall act upoii the site developiient plail and related
material as submitted by the developer, or as itiodified by the
site development review process, within twcnl-\,, (20) wori@ing d-@ys,
unless extensive modification to the plan or exteiiuatilig
circumstances require additional time, and if approved, shal.1
certify its approval and state the conditions of such approval,
if any, or if disapproved, shall indicate its disapproval and the
reasons therefor.
CIC'@7elopmc2rit r) @la i) f-,o be rp-titiiiE,(3 iii @ -'i,,
@L CopieF; 01 t @l sit
,r(,cord, reference(i arici att-ic'li(,@3 to Iriy clianqot, or con(9;.tio:l@-I
deterini,-ie(l. or,(@ cr)py ,,,,'-iall bc@ r,,t@irned t-C) (lev"!(; ",
of
req,!;
tile Or (It:@'ler aff
ty.
13ui-lding per;@@iLs SI)aj]_ is@,ue-
11, in accorf@an(-,e
A copy of the approved
with approvC-c@ 3ite de Ellopm nt
!-,i te 1)@ i-etainec,I
1-i)@) bL]il(linq
irispector's office and all building ati(i occupancy permits shall
conform to the pr,)visions of said site (3evelopi@iont plan.
D.2. Prior to issu@ii-ice of a t)uilding permit, th@
developer shall ftirnish to the city a c,,I:Iified he,k r boiicl
with sul-ety satisfactory to the city attorney. Tlie check or bond
shall be in the amount of the estimat(,d constr@ictioji costs for
all publ.ic improvements to be accepted for dedication,
maintenance and operation by the city. Estimated c,.)nstruction
costs shall be in accordance with the approved s-'Lte development
plans; and the amount thereof sliall be subj@-ct to the approval of
thc, department of public works and tlie department of public
utilities.
E.]. Approval of "he site devel.opment plan shall be
void unless a building permit has been issued or use of the land
has commeiiced witliin one hundred eiqhty (180) days from the date
of approval. Upon request, revalidatiori of tlie site p-lan ilay be
grarited for aii additional ninety (90) days if all factors of ti-te
orj.(iirial site plan review are tyie same; provided written notice
reqtjesting revalidation is received by tlic city aqent prior to
expiration of the original one hundred eighty (180) day period.
E.2. A stop work order shall be put on the proiect if
any improvements required on the approved site development pian
are not adhered to durinq the developineiit of the site.
4:
w 1/2 - - t@ w (3 -i,, 1--.9 -I i - t Ii
F I,,7hl n@@1), ipiorove-,ent is to be acceoted for
i.on, nii -i,7nc,,(, 4
Utij4 ties, th@ develo er mav L-)e rejuired to provi.de a cp-rtifi,(,,d
checl; or bond (wi.th surety acceptable to the citv attorney) in
the a7,ount of ten r)ercent (10@) of It@e tol@al, construction costs
of tlie project to cover the costs of any defects which mav occur
in such improvements within two (2) yeirs after the date of
acce.ptance bv the city. The director of public utilities shall
be responsit)le for determiniii(-l wtien such security shall be
requi.red.
This Ordinance shall he effective on and after the date
of its adoption.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the 24th day of M,@Y _, 1982.
RHM/da
5/19/82
(A.1)
- 3 2 -
0 R D I N A N C E S
ITEM II-H.1/5 ITEM #18253
THE ORDINANCES WERE ADOPTED BY ONE MOTION
Upon motion by Councilwoman Oberndorf, seconded by Vice Mayor Heischober,
City Council voted to uphold the recommendation of the City Manager and
ADOPT the Ordinances pertaining to animals and fowl:
Ordinance to amend and reordain Chapter 5 of the
Code of the City of Virginia Beach, Virginia,
relating to animals and fowl by adding Section
5-11.1 (a), (b), (c) and (d) thereto pertaining
to impoundment - generally.
Ordinance to amend and reordain Section 5-14 of
the Code of the City of Virginia Beach, Virginia,
relating to disposition of dead animals generally.
Ordinance to adopt a Section 5-17 of the Code of
the City of Virginia Beach pertaining to fees for
the impoundment of animals generally.
Ordinance to amend and reordain Chapter 5 of the
Code of the City of Virginia Beach, Virginia,
relating to animals and fowl by amending Section
5-48 subsection (a) and adding subsection (c)
thereto pertaining to tax imposed.
Ordinance to amend and reordain Chapter 5 of the
Code of the City of Virginia Beach, Virginia,
relating to animals and fowl by adding subsection
(4) to Section 5-49 thereto pertaining to when tax
is due and payable.
V o t i n g1 0 - 0
3 3 -
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, Vice Mayor Harold Heischober,
Barbara M. Henley, Clarence A. Holland, M.D., W. H. Kitchin,
III, 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:
E. T. Buchanan
*COUNCILWOMAN OBERNDORF COMMENDED STAFF AND CITIZENS WHO WORKED ON
THE COMMITTEE FOR THEIR TIME AND EFFORTS IN REVIEWING THESE
ORDINANCES.
Re(ikie@t(@d by: City P'lan,)qer
AN OPDINA@;CE TO AME-.QD AT@'D CIIAPTFIP,
5 OP THE CODE 07 Tfil@, Cj'jl@ ()F VI;@C7,TlqfA BEACTI,
VIIZCTNIA RFr,ATI@,'-, Al@l-) 13Y
ADDI@@@-,
BE IT ORDAINED BY THE COtiNCIT, OF THF,, CITY OEP VIRGINI@
BEACH, VIRGINIA:
That Section 5-11.1 (a), (b), (c) and (d) is added hereto as
follows:
Section 5-11.1. Impoundment-Generally.
(a) It shall be the_.duty of any animil control officer
of the bureau of animal control who finrlp ariy animal. subject tO
cruel or inhumane treatment in violation of section 5-11, to take
the animal into ctirtocly an(9 impolind the same at a potincl or
enclosure meetinq the requ.i.rem('-ntp, of section 29-213.19 of th(,.
Code of Virqinia. record shall t)p macle of tlie tim(- and place
of taking stich animal into custodv.
(b) If, a license tag or-ativ other means, the owner
of a animal impounded under this article can he identified, the
superintendent of the bureau of animal contro.1 shall, within
forty-eiqht (48) hOLirs of such imooundment, notifv the owner b@,
telephone or mail of the impoundment of the animal.
(c) Owners havinq animals irRiDounded under this section
shall be charged a fee of ten dollars ($10.00), plus one dol.lar
($1.00) for the second day or part thereof that the animal is
impounded and six dollars ($6.00) for each additional day or Dart
thereof tha,. the anim..ai- is impouilcicc,,. The payment of such fees
-,hall not reliCIN7,@ tl,.e o,,@ii,@r fr.,)-,i @;octition fr)r \iiolat-j,on
sectioii 5-11.
(d) Tf a animal t)rder t@ti- art-iclo. ip@ ri,)@
cl-aimc-@CA @)Y its E,@iall t.)C@
of in accorcl i li--@ i ovic-iori@@ c-,f- 29-213. 19 )f- i
of Vii-,,ilii;i. in i-@@ "i ,' t-h, c,@I@,
-i(] r 11 e F@ 1-@ @i 1 l@ P,?@ v0
;,nilTi,@l nIJ7-,ctiant tn
teri to cov(,I- col!t: (,,f trcin@i
ca-re. of the ani-mal.
This Or@lin@nce sh,)Il [)c, eff@,cti.ve on @-n(I after th(-,
of it@s iaoption.
Adopte(I by the Cotit-joi-I of the City of Virqinia Beach,
Virqinia, on the day of
MES/re
12/4/81
(A-1)
APPpOVED AS 1-@
T
rg
,,!Ey
2.-
R@q liec, b@'. Cit@' t,@anacl,,Cr
A@l O@,'@DltTA@ICF 'V(-)
SECTIO,"@ 5-14 OF T!@E@,
OF VIRI-,INIA f3FAl-@l,
TO DISPOSITION O@' Df@A, A,'I!,IPLS
GENF@'RAT,T,Y
BE IT ORI)AINI@,'[) ti)( Tkl@: CC)IJI,4('IL OF' CITY 01@' VIRGINIA
BEACH, VIRGINIA:
That Section 5-14 is @mendel and reordained hereto as
follows:
Section 5-14. Disposition of dead animals qenerally.
The owner of any animal which has died from disease or
other catise shall forthwith cremate or bury ot.- dispose of the
remains of such animal in a manner authorized by law or cause
such remains to be cremated or buried or disposed of in a manner
authorized by law. If the owner of such animal fails to do so,
the qeneral district court, after notice to stich owner, if he- can
be ascertained, stiall order such dead animal to he crlm,ted or
buried or disposed of in a manner alithorized bv law by the hureau
of animal control and shall require the owner to pay tl)e (-'ity
treasurer the sum of seven dollars (57.00)
for any hoq, sheep, doq, cat or qoat an(] for anv oth(,.r larqer
animal the sum of fortv dollars
($40.00), free from all encumbrances in fav(@r of such owner.
This Ordinance shall be effective on and after the date
of its adoption.
Adopted by the Council of the City of Virqinia Beach,
Virqinia, on the 24th daY Of 1982
Ml-,@3/re
i 2 /'7 //'@- ',
3/26/82
(A-1)
Re(ILI C@ q ted by: "'ity llinacicr
7,1@T 0,@DI'@AN@-F PC) Ar)n,@T A 5-17
OF TH,,: CODE OF TT'F CI'I'Y (-)I' VI@(-,Ir\TrA
C,- TP - f2@T
0 L' 4,,-, F),A, 1,
BE IT ORDAINRD BY TPE COFJNCIT, Oil 'Pfir, CITY OF VIRGINTIA
BEACH, VIRGINIA:
That Section 5-17 of the Code of the City of Virqinia Beacli
is hereby adopted and reads as follows:
Section 5-17. Fees for the ip)pounclment of animals - (-,enerally
The bureau of aiiimal control is hereby authorized to
cha.-qe a fee of @3.00 per day_for the care of any ani.mal
impounded for anv reason other tlian such animal beinq subject to
cruel or inhumane treatment in violation of sec@@ion 5-11 or such
animal runninq at larqe in violation of section 5-67.
This Ordinance shall be effective on and after the date
of its adontion.
Adopted by the Council of the City of Virqinia Beach,
Virginia, on the > day of 1,98?.
@4
MES/re
12/7/81
(A-1)
APPROVED AS To CO"@TE@JT
A,
Al.
T
A @l ',I@ TO Alli
Of" OF THE
F,,Y
AME@@F)-'il,'G SI?CTIO'Q
A D D I S [I C'P I 0,Nl
TAX Ic"POSEI).
BE IT ORr)AI7\11@D @,@@Y COLINCIL, 01@ 'I'HE CITY C)F VIRCItlIA
VI.IZCINIls:
That Section 5-48 is amen(led and r(-Iordaiiie(I hereto as
follows:
Section 5-48. Tax ITposed.
(a) A license tax is hereb@, iinposed on doqs requir(@d i-O
be licensed under this article in the following amouiits:
(1) For each male dog, unneutered ........... $ 5-.(40 7.00
(2) For eacl,, female dog, unspayed ........... 5700 7.00
(3) For each male dog, neutered ........... 2.00
(4) For each female dog, spayed ........... 2.00
(5) Kennel of five (5) to twenty (20) dogs +5@OG 25.00
(6) Kennel of twenty-one (21) or more ..... 25TOG 35.00
(b) No license tax shall be levied under thi.s section on
any dog that is trained and serves as a guide dog for a blind
person or that is trained and serves as a liea.-ing doq for a de@if
or hearing-ii-nparied person. For the purposes of this subsection,
a "hearing dog" is a dog trained to alert its owner, by toucli, t-o
sounds of danger and sounds to which the owner should respond.
(c) Any person who applies for a license taq for a
neutered or spayed doq shall present, at the time of application,
certification from a licensed veterinarian attestinq to the
neuteririq or spaying of the dog. If such certification is not so
p.-esented the doq shall be taxed the fee levied oii unneuter(-,d and
L, r,, @-@pa ye doQ-@
Thi@, O,-,Iiriaiicc- Ffc-ctive I.--hirty (30)
aiter the date of its adopti@oii.
A@1c)pte(i bv of thc Ci.ty of Vir(-Iilli.a
Virgiiiia, or@ tlie Ja@, of ""i 9 8,-,
/7
RcuLiested by: City @',.,ai-iager
AN ORDINANCE TO AMF@:tTP @ID 5
OP TliE CODE OF TIIS ClTv OF VI@C,174!A
ADDIN(', qiT!@,@F(7'rTo, @I 11
PERTAINING '.PO TAX I)IIE At,)) @'AYABI,Tl,
BF IT ORDAINED BY TITE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That Section 5-49 is ameiicl(,d an(9 re-orc3ained bv addinq
subsection (4) as follows:
Section 5-49. When tax due and Dayable.
The license tax on doqs shall be due and payahle as
follows:
(1) On or before January first and not later than
January thirty-first of eacti year, the owner of any
dog six (6) months o'@-d or older shall pay such
tax.
(2) I.f a doq shall hecome six (6) month5-, of aq(-, ol- come
into tlie possession of any person from January
first through October thirty-first of any v2ar, the
license tax for the curreiit calen(lar year shall- he
paid forthwith hy the owner.
(3) If a dog shall I)ecome six (6) months of age or cone
into the idossession of any person from November
first through Deceinber thirty-first of any year,
the license tax for the succeedinq calendar year
shall be paid forthwith by the owner, and suct@
license shall protect -,ucli doa from the da-@e of
purcliase.
(4) Any nersc)n tranf,,rortinq a rloc-, i!it-.o thE, city fl-,,In
SOTi(-, ot-lic,r
seci..ic@ii @qithin tliirtv (@0) fr(,],i t-@le Cle,,lo
sh(, jz)to (-itiv, i.i@
1- o
T)i i@; Or(-! 4@ii,noo. sii,-., i C t e r
of i@t@
Adc)pte(I by the Coi-ii-ici.1 of tlie City of Virqinia rea(.'h,
day
MES/re
12/7/81
3/2 6/8 2
(A-1)
APPROVED AS TO "ONTE@4T
-2-
-41-
ITEM II-H.6 ITEM #18254
Upon motion by Councilman Standing, seconded by Councilwoman Oberndorf,
City Council voted to uphold the recommendation of the City Manager and
ADOPT the Ordinance to amend and reordain Section 38-1 of the Code of
the City of Virginia Beach pertaining to the carrying of concealed
weapons.
Voting: 9-1
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, Vice Mayor Harold Heischober
Barbara M. Henley, Clarence A. Holland, M.D., W. H. Kitchin,
III, Mayor J. Henry McCoy, Jr., D.D.S., Meyera E. Oberndorf,
and Patrick L. Standing
Council Members Voting Nay:
Reba S. McClanan
Council Members Absent:
E. T. Buchanan
A@J C)RDI?@A'@('@,' 'i")
OF' TH@-' CC)I)E: OF Tiil' Cl-@1-Y C)F VI,@@,,@NIII,
BE IT ORDAINED BY THE CITY C('U'JCIL OF CITY O@'
VIRGINIA BEACH, VIRGINIA:
That S-el-@oii -13-'i )f tlie Cc@ tl'@e Ci@v C)' @,a
Beach is hereby amended and reordainp@l a@-; follows-
Section 38-1. Carryinq concealed wcaT)C)iis.
(a) If any person carries al,@-,tit his pc-,r-.on, ,lid fro
common observation, any pistol, revolv,,i,, ar-any-(:)tthe@-
firearm or other weapon designed or i@itended to propel a missile
of any kind, dirk, bowie knife, switchblade knife, razor,
slungshatT slingshot, metal knucks, blackjack, or any weapon of
like kind, or ntin chahka or any other similar flailling instrument
consisting of two (2) or more riqid parts connected in such a
manner as to allow the@m to si@ing freely, which instrument may
also be known as a "nunchuch" or "nunchaku," shuriken, fighti-rig
chain or any weapon of like ki.nd, lie shall be guilty of a Class 1
misdemeanor, and such weapon st)all be forfeited to the city and
may be seized @y an officer as forfeited, and stich as ma_@, be
needed for police officers and coiiservators of the peace sliall bc-
devoted to that purpose, and the remainder shall be destroyed by
the officer having them in charge.
(b) This section shall not apply to any person carrving
a concealed weapon in accord with permission granted by a circuit
court pursuant to section 18.2-308 of the Code of Virginia.
(c) This section shall not apply to any person wilile in
his own place of abode or the curtilage thereof or to any
police officers, sergc-ants, sheriffs, t3r deputy sheriffs, or
reqular game warden- r)ursu,)nt to Ch,@Tt(--,r 3 of Titl(, 29
C)f
(d) Thi.,,-, s,@-,c-@tion nnt @,!@i-)Iy to ally of tile
fol.lowing individiii'.,@, wllil@ i@ii tlie di cl,arge of tl)eir offici.al
dLities:
(1
(2) 0 f F@ is o r o a i-@ y s -,,a L 0 co I-' r e c t0 n,-, J.
'c. i t - Li 'l- i (,, n
3) Nc)ncust,)flial cT)ij?loyees the stati(-- departinc-.,nt Df
corrections cl@signatecl c@@rry w@-ar)c)n,'3 t)v tlie.
i b 1 i c " a )t: the d
state departnieiit of cort.-(,ctions pliruf,,ant to se-,ctioti
53-39 of the Code of vif,iinia.
(4) Conservators of the peacf@, except that th,,
follo@iinq conservatorq oi@ tlie p--ace shall not be
permitted to carry a cojicealed weapon uriless a
permit is obtained pursuant to sectioil 18.2-303 of
the Code of Virginia:
a. Notari@s public.
b. Registrars.
c. Drivers, operators or other persons in charge of
any niotor vehicle carrier of passengers for
hire.
This Orditiance shall be effective on and after the date
of its adoption.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the 24th day of 14ay 1982
MES/re
5/11/82
(B.2)
y
- 44-
ITEM II-H.7 ITEM #18255
Upon motion by Vice Mayor Heischober, seconded by Councilman Holland,
City Council voted to uphold the recommendation of the City Manager
and ADOPT the Ordinance to add a Section 35-11 to the Code of the
City of Virginia Beach pertaining to payment of administrative
costs in collection of delinquent taxes.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, Vice Mayor Harold Heischober
Barbara M. Henley, Clarence A. Holland, M.D., W. H. Kitchin,
III, Reba S. McClanan, Mayor J. Henry McCoy, Jr., D.D.S.,
Meyera E. Oberndorf, and Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
E. T. Buchanan
01,13DI@l,@\(-'F, T@) -@5D A 35-11
1 E 0. VI@' INIA
pi:f, 'lo
C)F DFLINOUP,@,,I'.1 @',.'AXF@,S
@.iir CITY OF Tl),r
VIRGINIA BEACH, Vl,i',GINIA:
That the Cocle of tile City 0- Vi.r ini Beach is h
r h V
amended by adding a Section 35-11 as follows:
Section 35-11. Pa'7MEnt c):[
linif-,trE'i- costs i.n collo, tion
The treaSLirer o- the citv is hereh,,, lilt-hori,-,ed to
impose a fee tO cover the arl,7@inistrati%,e cost associat@d @-'ith tlie
collect",On of delinquent Stich fee shall 1)@ in additior, to
all p,,nal-'-Iies and ii-itere-@ts, a,-id shall he in the of t,,,
dollars ($10.00) for taxes collect(-d slibsequent to t:h@- f;llinq of
a warrant or takinq oti)er bL)t !Dric)r t@o
.iudgmei,it. ln(3 in t@)c? aric@ti,,it o' liftecn (515.0()) l@,)r t@,zcs
c@ollect@rl S-@lbs(Iciuc-@nt. t-.o -ju(9cilil(Irll:.
Tilis Or(li.i,ance sha.11 ,)ecoine cffec,livc, on 7u].,l 1,
1982.
Adopted by the Council of the 0-ity of Vi.-rqinia F1/2each,
Virqinia, on the 24th day of Ma,?@ 19 82.
MES/ih/re
4/3 0/8 2
5/19/82
(D)
- 46 -
L 0 W B I D S
ITEM II-H.8 ITEM #18256
The following bids have been received for Fire Station #12 Seatack
(3-926):
Olsen Contractors, Inc. $464,700
Beach Building Corporation $467,369
Whitfield/Gee Construction
Company, Inc. $499,000
Richard Beach Builder, Inc. $499,505
Shirley Construction Corporation $501,994
Bayport Construction Corporation $520,800
George Jensen, Inc. $525,000
Hudgins and Adkins, Inc. $543,500
Virtexco Corporation $567,917
Engineer's Estimate $579,600
Upon motion by Councilman Holland, seconded by Councilman Standing,
City Council voted to upbold the recommendation of the City Manager
and APPROVE the low bid of Olsen Contractors, Inc., in the amount of
$464,700 for Fire Station #12 - Seatack - (3-926) and authorized the
City Manager to enter into the necessary agreements for tbe implementation
of this project.
V o t i n g :1 0 - 0
4 7 -
Council Members Voting Aye;
John A. Baum, F. Reid Ervin,*Vice Mayor Harold Heischober,
Barbara M. Henley, Clarence A. Holland, M.D., W. H. Kitchin,
III, 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:
E. T. Buchanan
*COUNCILMAN ERVIN VOICED A VERBAL "AYE"
- 48-
U N F I N I S H E D B U S I N E S S
ITEM II-1.1 ITEM #18257
Mr. Raymond Gimbert spoke before Council concerning tax relief for
the elderly and advised he was upset by the increase in his real
estate and personal property taxes for one year.
Mr. Gimbert also advised he was employed by Bow Creek Golf Course
and there are three (3) supervisors over approximately 6 mechanics
which he feels is an error.
E X E C U T I V E S E S S I 0 N
ITEM #18258
Upon motion by Vice Mayor Heischober, seconded by Councilman Holland,
City Council voted to RECESS into EXECUTIVE SESSION (8:30 p.m.) for
discussion of a Legal Matter after which to adjourn.
Voting: 9- 1
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, Vice Mayor Harold Heischober,
Barbara M. Henley, Clarence A. Holland, M.D., W. H. Kitchin,
III, Mayor J. Henry McCoy, Jr., D.D.S., Meyera E. Oberndorf,
and Patrick L. Standing
Council Members Voting Nay:
Reba S. McClanan
Council Members Absent:
E. T. Buchanan
- 4 9-
ITEM II-K.1 ITEM #18258
Upon motion by Councilman Baum, City Council adjourned at 9:00 p.m.
Diane M. Hickman, Deputy City Cl r@k
Ruth dge, S ith, CMC, City Clerk Mayor J. Henry McCoy, Jr., D.D.
City of Virginia Beach,
Virginia
24 May 1982
dmh/etd