HomeMy WebLinkAboutMAY 10, 1982 MINUTES
VVC R L O'S L
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HEIFIHO9Ei?. A, Li,@,,
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A, h'o@ M.D.,
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P?.TiZ)Ck L. STAND@G. A, L.,g@ M(JNICIPAL CEI;TER
VIRGINIA BEACH, ','@Gl,itA -3456
Rt TH I!ODGES S@MITH. Cily Cl@lk 1804) 427-4303
CITY COUNCIL AGENE)A
May 10, 1982
l'IEM I BRIEFING: 12:00 Noon
A. Navy Proposal to St@ition Landing Craft Air Cushion Vehicles
in Virginia Beach.
ITE@l II INFO@IAL SESSION: 12:30 p.m.
A. CALL TO ORDER - Mayor J. Henry McCoy, Jr.
B. ROLL CALL OF COUNCIL
C. MOTION TO RECESS INTO INI@'OR@IAL/EXECUTIVE SESSION
D. PRESENTATION/DISCUSSION OF PEI@TINE.NT @@TTERS
1. Matters for discussion_, a or.
2. Matters for discussion by Council.
3. Real Estate Tax Deferral for Elde@Lli@di ed:
Discussion of proposed ordinance.
4. Mobile Homes for Shelter for Farm Laborers: Discussion
by Mr. Robert J. Scott, Director of Planning Department.
ITEM III FORMAL SESSION: 2:00 p.m.
A. INVOCATION: Revereiid John @qil,stead
Church of Christ - Cr2eds
B. PLEDGE OF ALLEGIANCE TO TtiE FLAG OF TilE 'JNITED STATES OF "@NIERICA
C. ELECTRO',ilC IZOLL C;AL@L 01@, COUNCIT@
D. MINUi'l,'@ OF I'IEVIOTIS )'(N(;:
1 ",Ijtil.cipal Clerl:' @@l,
F. RESOI,LillO.iS
1 Re.,olution in - C.. SIvvi(les,
First Cl@tizc,,i of Vir,.iii.L@i
2. Resolution of A')Ireciation - John Waller
C. CO',@SENT AGE.NDA
All matters listed under tlie Consent Ageiida are considered to be
routine by the City Council and will be ciiacted by one motion in
tbe form listed. Tliere will bc,. no separate discussion of these
items. If discussion is dcsired, tliat itom will be removed from
the Consent Agenda and considered separately.
1. Ordinance appointing viewers for tl)e closur@ of a portion
of Cape Henry Dri.ve (Lynnhaven Borougli).
2. Ordinance appointirg viewers for the closure of a portion
of Old Virginia Beach Botilevard (Lynnliaven Borough).
H. PLANNING ITEMS
1. Applications of Delmar @.o@@r i@es, Inc. for a change of
zoning from A--l District to PD-H 2 Planiied Unit
District on a 12.771-acre parcel located on
the south side of Lord ])unmore Drive, west of Locke Lane
and a change from A-1 @,lirtment District to P-1 Preserva-
tion District on throe 1)arcels, otall:Fng . 7@6 acre,
To@aCed in th(@ sa,7@e area as the above referenced parcel
(Kempsville Borough).
a. Letter from 1--he Citv Manager transmits the recommendation
of the Planning Commission to allow withdraiial.
2. Application of Delmar Properties, Inc. for a subdivision
variance for a ar@cel located on tiie south side of Lord
Dunmore Drive, west of Locke Lane (Kempsville Borough).
a. Letter from tbe City Manager traiismits the recommenda-@ion
of the Planning Commission to allow withdrawal-.
3. Application of Williams Corporation of Virginia and WCMS
Radio Norfollc, Inc. for a conditional use permit for a
landfill on a 5T32-acre arcel located alon@g the east
side of Military Higbway, north of Indian River Road
(Kempsville Borough),
a. Letter fi-om the City Manager traiismits the recommendation
of the Pianning ConLnission for oval.
ORDINANCES
1. Proposc@d Budgit l@,Y '83 - j@irsi- R(,ading
a. Ordinance to amend and reordain Chapter 21, Section 21-75,
Subsections (a), (L,), (c), (,',) and ((@) of tlle code c)f tile,
Cit), of Viri,iiiia Bc@icl) rclating t:,@ m(,tor vellicle
tax rates.
b. to @,,,,riend r@nci ret)i-diin Cliil)ter 31, SecLi,@;i '11-61,
(T') adcl ,.i nc,w Sul)EC'(,Ljoll
c,i ti,@, Cit,,, @)]- Vii-@,iiii@L
t
i Buci@,,? l@ @'y '81, i,
Oidinanc(@
1),-operty I:C)C)ls f(,@ tlic-,
year 1983.
d . Ordinance flic- t,-Lx lcvy @n real e,,,,(:,,te
for tax fi.sca.t year l@)83.
e. Ordinance in@ilj.ng appr(,i)riations for the fiscal. ycar
beginning July 1, 1982 @ind ei-id'I.i-ig Tune 30, 1983, in
the sun, o" I .,@illion, Sevt@ii
lfundrc@d 'i li@ rt,, @Z-,io Hiii@@] Ninety-Fi v
Dollars !,)t OI)L@raLioiis and EighLy-f@our
Million, Four Hundred Sixtv-One TI)oLisand, Nine
Hundred Twenty-Thr(@e Dollars ($84,461,923) in inter-
fund transfers and re.@ulating tlie payment of money
out of tlie City Treasury, as amended.
2. General
a. Ord-'Inance, on first readiii@, to accept and approl)riate
grants totaling $192,500 from the Virginia Department
of Ilighways apd Transportation and the Commission of
Outdoor Recreation and to transfer Pevenue Sharing
funds of $29,500 to tlie Park Connector Bikeway Project.
1. City Manager recommends approval.
b. Ordinance to amend and reordain Cbapter 35, Article II,
Division 3 of the Code of the City of Virginia Beach
relating to real estate tax exemption/deferral for
certain elderly and @iandicapped persons.
1. City Manager recommends approval.
C. Ordinance to authorize ac(iuisition of property in fee
simple for right-of-way for General Booth Boulevard
Phase I and the acquisition of temporary and per-manent
easements of right-of-way, either by agreement or by
condemnation. (This item was deferred on March 15,
1982.)
1. City Manager recommends approval.
3. Low Bids
a. Low bid of Suburban Grading and Utilities, Inc., in
the amount of $234,928.76, for the Witcliduck Road and
Independence Boulevard, Phase III, Project; AND,
authorize the City Manager to enter into the necessary
agreements for the implementation of this project.
b. Low bid of Suburban Grading and Utilities, Inc., in
the amount of $420,716.54, for the Rudee Heights
Sanitary Sewerage Facilities, Contract 1; AND,
authorize the City Manager to enter into the necessary
agreemerits for the implementation of this project.
C. Low bid of Van de Riet Construction Company, Inc., in
the amount of $148,439.00, for the RLideE. IleightS
Sanitary Sewera@L tacliities, coneracr ii; ANti,
authorize the Cicy Manager to enter into the necessary
agreenients for the impl.einei@tatioii of tlii,s proj@,ict.
d. Low bid of A & W Contract-ors, 'Inc., in t@to anioulit Of
$79,408.91, for tlie Iiid(,I)LTidonce Poti!L@vaid-Thoro(@ghgood
Project; A%ll), auLliori@,,(, -Llic@ City @lin@iger co c,itcr il)LO
ttie riccessary "or tlie iyal)lemcr,ta@-iuii Of t[iis
I,roj(,(.t.
3 l,c,w
"@7. 00 1 )r '@ni@i-II L@4- ii @, l)-. (,ontra-.It
Beacla Boroitgli Arc@@l; A@,\@, ndtliorize tr,@, (;itv @lina,.C'.r
to enter intc) tlic, agi-eements for the
implc,ii),?ntatic,li of tl'if@
f. Low bi.d of lq. R. Hall, Jr., in the alliount of
$60,567.05, for the Laskill RDad Sanit-,ry Sewer
Facil.ities Project; A,\D, autliorize tlie. Ci-tv @laiiiger
to cial,@r ;i-,,o the ner@@ irv @gree,,ients fo@-
of thi@,
I
J. UNFINTSHED BUSINESS
K. NEW BUSINESS
L. ADJOU@NMENT
1. Motion to adjourn.
M I N U T E S
I N F 0 R M A L B R I E F I N G S E S S I 0 N
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
10 May 1982
The INFORMAL BRIEFING SESSION of the Council of the City of Virginia
Beach, Virginia, was called to order by Vice-Mayor Harold Heischober
in the Conference Room, City Hall Building, on Monday, 10 May 1982 at
Twelve o'clock Noon.
Council Members Present:
E. T. Buchanan, F. Reid Ervin, Vice Mayor Harold
Heischober, Barbara M. Henley, Reba S. McC]anan,
and Meyera E. Oberndorf
Council Members Absent:
John A. Baum*, W. H. Kitchin, III***, Clarence A.
Holland, M.D., Mayor J. Henry McCoy, Jr., D.D.S.,
and Patrick L. Standing**
ITEM #18158
The City Manager introduced Colonel William Eshelman, Project
Coordinator for Amphibious Assault, and Thomas J. Peeling, Naval
Facilities Engineering Command-Coordinator for Environmental
Affairs spoke before Council concerning the "Navy's proposed
Landing Craft Air Cushion Operational Base Siting and Development".
Colonel Eshelman advised his Office is the Resource Sponsor for
the Landing Craft Air Cushion (LCAC) and Mr. Peeling's office
is responsible for construction of the "Support-Base" and the
environmental impact.
Colonel Eshelman advised there will be a "Support Base on both
the East and West Coast with 54 Landing Craft each.
*COUNCILMAN BAUM ENTERED MEETING AT 12:10 p.m.
**COUNCILMAN STANDING ENTERED MEETING AT 12:15 p.m.
***COUNCILMAN KITCHIN ENTERED MEETING AT 12:20 p.m.
- 2 -
Colonel Eshelman presented a flim depicting two aircraft in
Panama City from which the LCAC was designed and will look
similar to the aircraft known as "Jeff A and Jeff B".
The LCAC will be a high-speed, over-the-beach, ship-to-shore,
amphibious craft. It is approximately 90-feet long and 47-feet
wide and has a nautical range of 200 miles
Sites for the proposed construction have been restricted to a
geographical area defined by a circle of 50-mile radius around
the Naval Amphibious Base at Little Creek. All military
installations within the area that had approximately 50 acres of
potentially available land and a mission not obviously incompatible
with LCAC operations were surveyed. Ten sites were surveyed:
1. Naval Amphibious Base Annex (Camp Pendleton East)*
2. Craney Island
3. Naval Amphibious Base, Little Creek*
4. Fort Story
5. Dam Neck
6. Supply Center, Cheriton Annex
7. Naval Air Station-Norfolk
8. Fort Eustis
9. Naval Station-Norfolk
10. Langley Air Force Base
Naval Officials (EAST COAST) PREFER operation at Naval Amphibious
Base-Little Creek with overland training activity at Camp Pendleton,
(Naval Amphibious Base Annex). The Camp Pendleton Marine Base would
house the LCAC on the WEST COAST.
Congressman Whitehurst suggested Cape Charles Air Force Station in
Northampton County, however, it was eliminated due to lack of open
water.
The Department of Navy will make the final decision as to site and
the Department of Defense may review same
*DENOTES PRIME SITES.
M I N U T E S
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
10 May 1982
The Regular Meeting of the Council of the City of Virginia Beach,
Virginia, was called to order by Vice-Mayor Harold Heischober, in
the Conference Room, City Hall Building, on Monday, 10 May 1982 at
1 2:45 p.m.
Council Members Present:
John A. Baum, E. T. Buchanan, F. Reid Ervin, Vice
Mayor Harold Heischober, Barbara M. Henley, W. H.
Kitchin, III, Reba S. McClanan, Meyera E. Oberndorf,
and Patrick L. Standing
Council Members Absent:
Clarence A. Holland, M.D.*, and Mayor J. Henry
McCoy, Jr., D.D.S.
ITEM #18159
Vice-Mayor Heischober entertained a motion to recess into the
Budget Workshop after which the INFORMAL SESSION and EXECUTIVE
SESSION will be held, if not Council will return to the
Conference Room for INFORMAL and EXECUTIVE SESSIONS after the
FORMAL SESSION.
Upon motion by Councilman Buchanan, seconded by Councilman Standing,
City Council voted to RECESS into the BUDGET WORKSHOP.
Voting: 10-0
2-
Voti ng I 0 - 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., W. H. Kitchin, III, Reba S. McClanan,
Meyera E. Oberndorf, and Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
Mayor J. Henry McCoy, Jr., D.D.S.
ITEM #18160
Vice-Mayor Heischober entertained a motion to RECESS 10 minutes
before the FORMAL SESSION and come back after the FORMAL SESSION
for the INFORMAL/EXECUTIVE/BUDGET SESSIONS.
Upon motion by Councilman Buchanan, seconded by Councilman Holland,
City Council voted to RECESS 10 minutes prior to the FORMAL SESSION
and come back after the FORMAL SESSION for the INFORMAL/EXECUTIVE/
BUDGET SESSIONS.
Voti ng 1 0 - 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., W. H. Kitchin, III, Reba S. McClanan,
Meyera E. Oberndorf, and Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
Mayor J. Henry McCoy, Jr., D.D.S.
City Council RECESSED the Budget Workshop, (1:50 p.m.)
- 4 -
F 0 R M A L S E S S I 0 N
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
10 May 1982
2:10 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., 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:
None
INVOCATION: Reverend John Winstead
Cburch of Christ - Creeds
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
- 5-
M I N U T E S
ITEM II-D.1 ITEM #18161
Upon motion by Councilman Ervin, seconded by Councilman Holland, City
Council voted to APPROVE the Minutes of the Regular Meeting of 3 May
1 98 2.
Voting: 1 1 - 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., 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:
None
6 -
P R 0 C L A M A T I 0 N
ITEM II-E.1 ITEM #18162
Mayor McCoy read the following Proclamation proclaiming the week of
May 10 to 15, 1982 as:
MUNICIPAL CLERK'S WEEK
P R 0 C L A M A T I 0 N
WHEREAS, Municipal Government has grown in responsibility and
importance with the emphasis on local initiative and
the democratic process; and,
WHEREAS, the Municipal Clerk serves as the communications link
between the public and their Municipal Government,
giving them access to information which is vital to
their participation; and,
WHEREAS, the Municipal Clerk provides a direct link between
past and present, preserving valuable records for
posterity while implementing decisions of the
legislative body, always looking to the future; and,
WHEREAS, the Municipal Clerk strives diligently to find better
and more efficient ways to perform these critical functions,
staying abreast of technological advances in today's
modern world through professional education and
training; and,
WHEREAS, it is appropriate that each year we recognize the
accomplishments of the Municipal Clerk, who preserves
the past with an eye always on the future of our
democratic process.
Now therefore I, J. Henry McCoy, Jr., Mayor
of the - City of Virginia Beach Vi rgl'ni'a
TOWN/VILLAGE/CITY WP BOR MUNICIPALITY STATE
in recognition tbereof, do hereby proclaim the wee],, of May 10, 1982, to
be
MUNICIPAL CLERK'S WEEK
in full recognition of the Municipal Clerk's outstanding contribution
and dedication to public service for the community.
- 6 -
P R 0 C L A M A T I 0 N
ITEM II-E.1 ITEM #18162
Mayor McCoy read the following Proclamation proclaiming the week of
May 10 to 15, 1982 as:
MUNICIPAL CLERK'S WEEK
P R 0 C L A M A T I 0 N
WHEREAS, Municipal Government has grown in responsibility and
importance with the emphasis on local initiative and
the democratic process; and,
WHEREAS, the Municipal Clerk serves as the communications link
between the public and their Municipal Government,
giving them access to information which is vital to
their participation; and,
WHEREAS, the Municipal Clerk provides a direct link between
past and present, preserving valuable records for
posterity while implementing decisions of the
legislative body, always looking to the future; and,
WHEREAS, the Municipal Clerk strives diligently to find better
and more efficient ways to perform these critical functions,
staying abreast of technological advances in today's
modern world tbrough professional education and
training; and,
WHEREAS, it is appropriate that each year we recognize the
accomplishments of the Municipal Clerk, who preserves
the past with an eye always on the future of our
democratic process.
Now therefore 1, J. Henry McCoy, Jr., Mayor
of the City of Virginia Beach Virginia
TOWN/VILLAGE/CI Y/WPIBOR MUNICIPALITY STATE
in recognition thereof, do hereby proclaim the week of May 10, 1982, to
b e
MUNICIPAL CLERK'S WEEK
in full recognition of the Municipal Clerk's outstanding contribution
and dedication to public service for the community.
- 7 -
R E S 0 L U T I 0 N S
ITEM II-F.1 ITEM #18163
Upon motion by Councilwoman Oberndorf, seconded by Councilmari Buchanan,
City Council voted to ADOPT the Resolution in Recognition and present
same to:
MICHAEL C. SAVVIDES
FIRST CITIZEN OF VIRGINIA BEACH
V o t i n g 1 1 - 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., W. H. Kitchin, Ill, 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:
None
8 -
MICHAEL C. SAVVIDES
FIRST CITIZEN OF VIRGINIA BEACH
WHEREAS, the Virginia Beach Jaycees annuazty setect
one citizen whose contribution to the City has been outstanding
and worthy of being designated:
FIRST CITIZEN OF VIRGINIA BEACH;
WHEREAS, Michaet C. Savvides was cited not onty for
exceZZing in his own field of food service but for his devotion
of time and service to civic affairs. An unselfish mn, Mike is
dedicated to his famity and friends; he has served and is stitz
active on many CounciZs, Boards, and Committees throughout the
City; and, he is president of three corporations serving the
business commnity: Black Angus Restaurant -- The Shipmates
Restaurant and Lounge -- Ramada Inn, Oceanfront;
WHEREAS, he has beei2 an active member of the NationaZ
,Pestaurant Association for twenty-seven years and presentzy
serves on their Board of Directors. He served on @he Board of
Directors of the Virginia -Restaurant Association for the past
twenty years. In 1975 and 1980 he received their highest honor
in being selected "Restaurateer of the Year"; and,
WHEREAS, his versatizity has been evidenced in many
contributions to the City. He is an outstanding member in the
Greek Orthodox Church and the American-Hellenic frate @ t
organizations. He is a native of Cyprus, coming to Tidewater
after high school graduation. He was educated at the College
of WiZZiam and ilary in NorfoLk, 7irginia PoZytechnicat Institute
and received his B.S. degree in biology from Saint Edwards
University in Austin, Tex-as. He has been actively invozved with
the United Way, Heart Fund, Easter Seals, March of Dimes, Muscutar
Dystrophy and American Cancer Society.
NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach
City CounciL recognizes the many services and tremendous civic
contribution MichaeL Savvides has rendered Virginia Beach as a
dedicated citizen, a successful businessman and a "Creat
Hwnanitarian".
Given under my hand and seaz this Seventh day of may,
Nineteen Hundred and Eighty-Two.
J. Henry McCoy, Jr., D.D.S.
Mayor
City of Virginia Beach
- 9-
ITEM II-F.2 ITEM #18164
Upon motion by Councilman Buchanan, seconded by Vice Mayor Heischober,
City Council voted to ADOPT the Resolution of Appreciation and present
same to:
JOHN WALLER, BOARD OF PLUMBING AND MECHANICAL APPEALS
(1967-1982)
Voting I 1 - 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., 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:
None
0
RESOLUTION OF APPRECIATION
TO
JOHN WALLER
WHEREAS, John Waller, served as a member of the Board of
Plumbing and Mechanical Appeals from April 1967 to April 1982;
WHEREAS, John Waller, served willingly and untiringly in
behalf of the City of Virginia Feach;
WHEREAS, his dedication and unselfish service involved
personal sacrifices and inconveniences; and
WHEREAS, we trust he realized satisfaction in successfully
administering in his capacity not only to City Council, but to the
citizens of tbis fast growing metropolis.
NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach
City Council recognizes this record of fifteen (15) years of
distinguished service by publicly expressing its sincere gratitude
for his contribution of time, energy and intellect.
BE IT FURTHER RESOLVED: That this Resolution of Appreciation
be made a part of the proceedings of the Formal Session of City
Council this 10th day of May, 1982, in the City of Virginia Beach,
Virginia.
Given under my hand and seal this 10th day of May, 1982.
J. Henry McCoy, Jr., D.D.S.
Mayor
City of Virginia Beach
-11-
C 0 N S E N T A G E N D A
ITEM II-G ITEM #18165
Upon motion by Councilman Buchanan, seconded by Councilman Standing,
City Council voted to ADOPT the CONSENT AGENDA by ONE MOTION.
Voti ng : I 1 - 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., 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:
None
- 1 2 -
ITEM II-G.1 ITEM #18166
Upon motion by Councilman Buchanan, seconded by Councilman Standing,
City Council voted to uphold the recommendation of the City Manager
and APPROVE the appointment of Viewers in the petition of Henry C.
Gregory for the closure of a portion of Cape Henry Drive, in the
Lynnhaven Borough.
V o t i n g : 1 1 - 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., 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:
None
1111YREAS, H,@@ C. hz:jf: ,jiven atic, and proper
ac--o2-dai,--e @,.,!-th tla,2 i-or si@c;rl (-,ases mad(,
liand provided that they will on -,he 10th da@, of I-lay, 1982
7
appll, -o the Ci --N- '-@c,uncil (:,-@ tli-,@ Ci C)f @, @.]:c,,i-n4-a Beach,
Virginia, for the appointnient of viewers to view the below-
described property and report in wri-ting to the Counc,41
wlietlier, i-n the ooinion of said Viewers, any, and if any,
what i-nconvaiiieiic:e would result from tlae d-scontinuance of
lithe hereinafter described portion of that certain street of
variable width, and has filed such application with said
Council.
NOtq, THEREFORE, be it ORDAINED by the Council of
the City of @irginia Beach, Virginia:
TIIAT
al-id
are hereby
appoii,.t@-d 1-@O viel.; thc bclc@., desc,--ibcd property an,-l report
in writing to the Council on or before June 8t4 1982, whether
lin their opinion, any, and if any, what inconvenience would
i
result in the discontinuina and vacating of a portion of that
certain street of variable width located in the City of
Virginia Beach, Virginia, and more particularly described as
follows:
ALL THAT certai.n piece or parcel of land, situated
in the City of virg4nia Beach, Virginia, designated
as "PROPERTY OF WINDSOR IL@ESTORS LTD." on that
certain plat entitlp-d "SURVEY OF PROPERTI-I FOR WINDSOR
INVESTOR'@', -@TD. DB 979 P. 456 LOCATED SOUTH OF BLOC'@'
"N" and NORTII OF THE OLD L@ORFOLK & SOUTIIERN RAILWAY
501 R/W AS SIIOI%TN ON PLAT OF LYNNILKVEII BEACH, AMENDED
MAP OF PROPERTY OF LYNT@ILT,%VEN BEACH & PARK CO. M.B.
P. 71, LYNNHAVE@,' ]iC)ROUGii, VIRGI@7IA BEACH, VA.", which
propc-r@ --y is iiioy-,c@ parti-c:l.i'i.arly bounded and describ@d
as @ol-uws:
BEGIN-@JTrG at a poirit wilicil is S. 050 211 E. 2 6 0 . 04
feet from the southlqest ntersection of "SHORE D,71VE
(U.S. I'@OUTE 60)" @incl "RBBTIDE ROAD (801 R/;!) (For,,qerj.y
3rd STPEET"'; and ruzining from said point of boqii,,ilil)(,7
(niar),cd by a pi.pe) S. 051 211 E. 25.08 fee,@t to a E,in;
thc.iicc@ r,,iniiiiia S. 80@ 05' W. 300.94 feet ilong ti),@
north Iiii,@ r)f Li,c Olci 1,@orf()Ik aiici
50 fo@)t- f of %:,iy to a I)in; tli(-,nLc@
ri zilcng
'@'O@ 05' E. 300.94 i-L-,eL to
The a@c,,,7c 3,,ientionf,,,
h@rctl,)
to be recor@@ed wit,
clc)z
il the afo2:ed(,--@cri.b@, treet.
-2-
- 1 5-
ITEM II-G.2 ITEM #18167
Upon motion by Councilman Buchanan, seconded by Councilman Standing,
City Council voted to uphold the recommendation of the City Manager
and APPROVE the appointment of Viewers in the petition of Jack and
Dorcas Helfant for the closure of a portion of Old Virginia Beach
Boulevard, in the Lynnhaven Borough.
Voting : 1 1 - 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., W. H. Kitcbin, 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:
None
Jr -t,T- ., , ,,-
@'l@ OF C,
A PC@-@ ill' OT,'
'3 S' upop,
A,
@y
.TA
P E T I T T 0 N
THE MAYOR AND IIEI-IBERS Op THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VI@GI14IA
JACK HELPANT and
YOur Petitioner, ORCAS respectfully
represents as follows:
1. Tliat pursuant to the provisions of Section 15.1-364
of the 1950 Code Of Virginia, as arnended, the peti.tioner applies
for the vacating, closing, and discontinuance of a porlion of that
certain street whicli is more specifically described as follows:-
BEGII@ING at a point at the hF- intersection of Old Virginia Beac@l Botilevard and
Virgi.ni-a @ach '3oulevard; thcnc-- r,,-n4-ng " /@9*131"2" E 120.70' Lo a point ou LL:L
southern ri@lit-of-way I.ine of Old Virginia Beach Boulevard, which point is ',r."n
Os the PLli,-It of beginning; thence continuing f,,-oro said point 1; 49@.-L3'52" E a
distance of 150.71' to a poirit on the soutbern ril,,ht-of-way line of Old Virg4-nia
Beach Botilevard; theice t,irniii,- and running I,, 40@46'8" E 12.11' 1-0 a poin--; tl,.ezicL@
turn4-ng and ruiining 1; @-0'261ii2" E 12.11'P,. to a point on the northern r4g!,.t--c-@-,Yay
line of Old VirLinia -Icacli 1-culeva-E; thence turi,.,,@-ng and ruining aloiig tlie notl@ieru
right-of-way li.ne alons a curve arc the radl.us of which i s 452.47', arc = 8.,@'4',
to a pciint; tl)eiice co,ilinuin@ alonf
thc -.iorthern rifht-of- -y li.ne of Old Virg4--ia
Beach Boulevard S 50'-D6'40" W16.8i' to a poi-nt; thence turning and runnin,- IT 45*
58'2" W 6.9'@' to a noint still on the -iorthern right-of-way line of Old V@@rgiii.*Ia
-eacii Boulevard; th@nce turnin@,, and riiininf, S 48@59'28" W 125.j-O' to a po4nt @till
on the rorthern right-of-wav line of Old Vir-inia Beacb Boulevard to P Po n,-.; thence
turiiing and running S 41@00'32" E 15.45' to a point; tlence continuing S 40'46'8"
L 15.45' to the point of beginning.
Said parcel of land being a portion of Id Vir@
as indicated on that certain plat entitled,
Beacl, Boule,,,ard
@QU- -VARDIL- RG BEACH, INIA
which p'@a-, is at-laclied herc,-to @ind made a part hereof and intend@,,!
'-o be recorl@d wi-lh thc Ordinanoe cl.asing the aforedeE7ci-ibe-d
street.
nc C,
11 @T P r.
street; and the pctitione@- pra3,s -Iliat this lionorable Couiicil
appo-'Yit Vie,,,erf, as provic5E,@. by law to view said platted strof2L
proposed to be closed and to rQ-Dort in writing to the Council on or
before the dav of 1982 -, @is tc) @..,h 1-1,
in the opinion o., said Vie-@7c-rs, what incon,;enien--e, i.@ any, wo,-,Id
result from the discontinuance and closing of this portion of said
street, as herein reported and described.
3. That on the 21st day of Anril 198 2
Ilotice of the present4-ilg of this Applicat@on was posted at the
Courthouse of the Circui--, Court of the City of Virginia Beacli,
Virginia, on the premises to be closed, and at the City Hall Annex,
19th Street and Arctic Avenue, Virginia Beach, Virginia, as
evidenced by the A-@fidavi-t attached 1-iereto, and a copy of s-@:id
14otice.
4. That the Petitioner is fee simple owner of all land
along and adjacent to and a@@fected by sai.d portion of the platted
st--eet to be closed and consequen-Il.v, your Detitioner is tl)C.- o,'Ily
landowner affected by the same.
Respectfully subnit--tcd,
JAC'@' HELFANT and DORCI,,S HELFANT
B
y
ounse
James A. Evans
BYRD, DINSMORE, E,,7ANS,
BRY@'T & SYKES, LTD.
4190 South Plaza Trail
Virginia Beach, Virginia 23452
463-2460
- 18-
P L A N N I N G A G E N D A
ITEM II-H.1/2 ITEM #18168
Donald Washburn, applicant (under corporate name) represented Delmar
Properties, Inc.
Upon motion by Councilman Standing, seconded by Councilman Holland.,
City Council voted to uphold the recommendation of the Planning
Commission and permit WITHDRAWAL of the applications of DELMAR
PROPERTIES, INC., for han e s of lonin, I , rict Classification
and Subdivision Variance s per the fo loi,,g.
Ordinance upon application of Delmar Properties, Inc.,
for a Change of Zoning District Classification from
A-1 Apartment District to PD-H 2 Planned Unit Develop-
ment District on certain property located on the South
side of Lord Dunmore Drive beginning at a point 530 feet
more or less West of Locke Lane, running a distance of
92.68 feet along the South side of Lord Dunmore Drive,
running a distance of 121.01 feet in a Southerly direction,
running a distance of 140 feet more or less in a North-
westerly direction, running around a curve in a Southwesterly
direction a distance of 440 feet more or less, running a
distance of 886.60 feet in a Southeasterly direction,
running a distance of 645.80 feet in a Northeasterly di-
rection, running a distance of 50 feet along the West side
of Locke Lane, running a distance of 120 feet in a
Northwesterly direction, running a distance of 90 feet more
or less in a Northeasterly direction, running a distance of
50 feet along the West side of Locke Lane, running a distance
of 110 feet more or less in a Southwesterly direction, running
a distance of 200 feet more or less in a Northerly direction,
running a distance of 590 feet more or less in a Southwesterly
direction and running a distance of 126.42 feet in a Northwesterly
direction. Said parcel contains 12.771. KEMPSVILLE BOROUGH.
Ordinance upon application of Delmar Properties, Inc.,
for a Change of Zoning District Classification from
A-1 Apartment District to P-1 Preservation District on
the following parcels:
Parcel 1: Located on the West side of Locke Lane beginning
at a point 100 feet more or less South of Lord Dunmore Drive,
running a distance of 150 feet more or less along the West
side of Locke Lane, running a distance of 110 feet more or
less in a Southwesterly direction and running adistance
of 200 feet more or less in a Northerly direction.
Parcel 2; Located on the West side of Locke Lane beginning
at a point 150 feet more or less South of Lord Dunmore Drive,
running a distance of 90 feet more or less along the West side
of Locke Lane, running a distance of 120 feet more or less in
a Northwesterly direction and running a distance of 90 feet more
or less in a Northeasterly direction.
- 1 9 -
Parcel 3: Located 110 feet more or less South of Lord
Dunmor@Drive beginning at a point 630 feet more or less
West of Locke Lane, running a distance of 140 feet more
or less in a Southerly direction, running a distance of
140 feet more or less in a Northwesterly direction and
running a distance of 150 feet more or less in a North-
easterly direction. Said parcels contain .476 acre.
KEMPSVILLE BOROUGH.
Appeal from Decisions of Administrative Officers in regard
to certain elements of the Subdivision Ordinance, Subdivision
for Delmar Properties, Inc. Property located on the South side
of Lord Dunmore Drive, 530 feet more or less West of Locke
Lane. Plats with more detailed information are available in
the Department of Planning. KEMPSVILLE BOROUGH.
Voting 11-0
Council Members Voting Aye: (for withdrawal)
John A. Baum, E. T. Buchanan, 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:
None
- 20-
ITEM II-H.3 ITEM #18169
Rick Bowler represented the applicant
Upon motion by Councilwoman Oberndorf, seconded by Councilwoman Henley,
City Council voted to uphold the recommendation of the Planning
Commission and APPROVE the application of WILLIAMS CORPORATION OF
VIRGINIA AND WCMS RADIO NORFOLK, INC., for a Conditional Use Permit
as per the following:
ORDINANCE UPON APPLICATION OF WILLIAMS R0582460
CORPORATION OF VIRGINIA AND WCMS RADIO
NORFOLK, INC., FOR A CONDITIONAL USE
PERMIT FOR LANDFILL
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA:
Ordinance upon application of Williams Corporation of
Virginia and WCMS Radio Norfolk, Inc., for a Conditional
Use Permit for a landfill on certain property located on
the East side of Military Highway beginning at a point
2400 feet more or less North of Indian River Road, running
a discance of 50.42 feet along the East side of Military
Highw6y, running a distance of 200 feet iri an Easterly di-
rection, running a distance of 411.72 feet in a Northerly
direction, running adistance of 304.75 feet in an Easterly
direction, running adistance of 1606.?5 feet in a Northerly
direction, running adistance of 566.74 feet in a Northeasterly
direction, running adistance of 434.99 feet in a Northerly
direction, running adistance of 499.75 feet in a Southeasterly
direction, running adistance of 1097.03 feet in a Southwesterly
direction, running adistance of 3202.89 feet in a Southerly
direction, running adistance of 1040.38 feet along the Southern
property line, running a distance of 231 feet in a Northwesterly
direction, running a distance of 130.78 feet in a Northeasterly
direction, running a distance of 200 feet in a Southerly di-
rection, running a distance of 1033.14 feet in a Northeasterly
direction, running a distance of 202.19 feet in a Northwesterly
direction, running a distance of 149.89 feet in a Northeasterly
direction and running a distance of 200 feet in a Northwesterly
direction. Said parcel contains 58.32 acres. KEMPSVILLE
BOROUGH.
Approval is subject to the following provisions in conjunction
with the intended use of the land:
1. No excavation or filling will be allowed without obtaining
the necessary pemits from State, Local and Federal Agencies;
including the State Health Department and the Division of Solid
and Hazardous Waste Management.
2. A 20-foot dedication along the frontage on Gammon Road,
to align with the existing 50-foot right-of-way of Gammon
Road at the southern end of the property to provide a uniform
50-foot standard right-of-way.
This Ordinance shall be effective from date of adoption.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the Tenth day of May, 1982.
- 21 -
V o t i n g 1 1 - 0
Council Members Voting Aye:
John A. Baum, E. T. Buchanan, F. Reid Ervin, Vice
Mayor Harold Heiscbober, 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:
None
2 2 -
0 R D I N A N C E S F I R S T R E A D I N G
1 9 8 2 1 9 8 3 0 P E R A T I N G B U D G E T
ITEM II-I.I.a-1/e ITEM #18170
Vice Mayor Heischober made amotion, seconded by Councilman Standing,
to DEFER Ordinances II-I.l.a through II-I.l.e until Council has the
opportunity to return either today or a future date for formal vote.
The following spoke on the proposed Budget Ordinance:
Stuart Gordon, representing SPCA
Mrs. Kolback was not present when her name was
cal I ed
Mrs. Elizabeth Sills, Life Board Member of SPCA
Daniel Kerr, Past President of FOP, spoke for
Rick Lippert, President of FOP
The recorded vote on the Motion is as follows:
Vot i ng :1 1 - 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., 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:
None
- 2 3 -
City Council voted to DEFER the following Ordinances until they have
an opportunity to return either today (10 May 1982) or a future date
for formal vote:
II-I.l.a Ordinance to amend and reordain Chapter
21, Section 21-75, Subsections (a), (b),
(c), (d) and (e) of the Code of the City
of Virginia Beach relating to motor vehicle
license tax rate.
II-I.l.b Ordinance to amend and reordain Chapter 31,
Section 31-61, Subsections (A) and (B) and
add a new Subsection (C) thereto of the Code
of the City of Virginia Beach relating to
refuse disposal areas use charges.
II-1.1.c Ordinance establishing the tax levy on
personal property and machinery and tools
for the calendar year 1983.
II-I.l.d Ordinance establishing the tax levy on
real estate for tax fiscal year 1983.
II-I.1-e Ordinance making appropriations for the
fiscal year beginning July 1, 1982 and
ending June 30, 1983, in the sum of Two
Hundred Sixty-Two Million, Seven Hundred
Thirty Thousand, Two Hundred Ninety-Five
Dollars ($262,730,295) for operations and
Eighty-Four Million, Four Hundred Sixty-One
Thousand, Nine Hundred Twenty-Three Dollars
($84,461,923) in interfund transfers and
regulating the payment of money out of the
City Treasury, as amended.
ITEM II-I.2.a ITEM #18171
Upon motion by Councilman Standing, seconded by Councilman Holland,
City Council voted to uphold the recommendation of the City Manager
and APPROVE ON FIRST READING the Ordinance to accept and appropriate
Grants totaling $192,500* from the Virginia Department of Highways
and Transportation and the Commission of Outdoor Recreation and to
transfer Revenue Sharing funds of $29,500 to the Park Connector
Bikeway Project.
Voting: 11-0
- 24 -
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., W. H. Kitchin, !II, Reba S. McClanan,
Mayor J. Henry McCoy, Jr., D.D.S., Meyera E. Oberndorf,
and Patrick L. Standing
Council Meinbers Voting Nay:
None
Council Members Absent:
None
*Amount was incorrectly written as $142,500
AiN ORDINLN'CE TC) ACCF.PT AND APPROPRIATE
GRANTS TOTALING $192,500 R M T
F 0 liE VIRGINIA
DEPAR'Da,:@l-T OF lil(;!,I.@.AyS A@'D 'rP@,%17SPOPT@kI.10@@, %IiD
THr CO@t%fISSIO'-@ OF O'@TDOOR RECR'@%TT-ON Al,D 'EO
TRANSFER REVF-'TUE S@-RIIIG FUNDS OF $29,500 TO
THE PARK CONNECTOR BIKhl4AY PROJECT
WHERF-AS, the Council of the City of Virginia Beach is interested in
improving existing bike paths and constructing new bike paths, and
WHEREAS, the Virginia Department of Highways and Transportation and
the Conmission of Outdoor Recreation have agreed to award grants to-lalirg
$192,500 to the City of Virginia Beach to construct the Park Connector
Bikeway between Mt. Trashmore Park and Princess Anne Park, and
WHEREAS, a local match of $142,500 is required by these grants and
is available through the previously appropriated t-Y 82 Revenue Sharing
Allocation of $163,000 for this project, and
WHEREAS, the rpmaining project cost for right-of-way acquisition is
$50,000 of which $20,500 is available from the FY 82 Revenue Sharing
allocation and $29,500 of additional funding is needed, and
WHEREAS, this additional funding of @29,500 is available by
transferring Revenue Sharing funds from existing projects, and
WHEREAS, this transfer will not adversely affect the schedule of
existing Revenue Sharing projects and the funds used from these projects
will be restored with the FY 83 Revenue Sharing Allocation.
NOW, THEREFORE, BE IT ORDAINED BY TBE COUNCIL OF THE CITY OF
VIRGINIA BEACH, that the Interim City Manager is hereby authorized to
accept grants in the amount of $75,000 from the Virginia Department of
Highways and Transportation and in the arwunt of $117,500 from the
Commission of Outdoor Recreation and that funds in the amount of $192,500
are hereby appropriated to the Park Connector Bikeway; and
Be it further ordained that estimated revenues from ttie Commonwealth
of Virginia be increased by $192,500; and
Be it further ordained that funds of $29,500 be transferred from
existing Revenue Sharing projects to the Park Conne6tor Bikeway to
provide the necessary funding needed to complete the project; and
Be i" L-,ip- CiLy l@@nupLt is iiruy
authorized and directed to enter into the neces.sary contractual agreements
with the Virginia Electric and Power Co. (VEPCO) to purchase from VEPCO
the necessary right-of-way to construct the Park Connector Bikeway.
Ibis ordinance shall be in effect from the date of its adoption.
Adopted by the Council of the City of Virginia Beach, Virginia
on tlie - day of 198'..
- 26 -
C I T Y C 0 D E A M E N D M E N T S
ITEM II-I.2.b ITEM #18172
Councilman Holland made a motion, seconded by Mayor McCoy, to DEFER
the Ordinance to amend and reordain Chapter 35, Article II, Division
3 of the Code of the City of Virginia Beach relating to real estate
tax exemption/deferral for certain elderly and handicapped persons.
Councilman Holland and Mayor McCoy withdrew their motion and second,
respectively.
Councilwoman McClanan made a motion, seconded by Councilman Buchanan,
to uphold the recommendation of the City Manager and ADOPT the Ordinance
to amend and reordain Chapter 35, Article II, Division 3 of the Code
of the City of Virginia Beach relating to real estate tax exemption/
deferral for certain elderly and handicapped persons with the additional
wording "estate of" on Page 5, Section (b).
The City Manager advised that the Ordinance increases the net income
limitations from $11,000 to $13,000 and the net worth requirement of
$35,000 remains the same. In addition, if the property owner does not
wish to take advantage of the exemption he can defer 100% of the tax
which he would not have to pay and no penalty would be assessed; however,
the tax would be taken out of the property if it were later sold and 8%
i ii'l-erest woul d be accrued an nu al ly .
Mrs. Kitty Hudgins spoke before Council on this matter regarding a "tax
freeze for the elderly".
Councilman Buchanan requested the City Manager and his Staff research
the possibility of tax exemptions for elderly and handicapped being
raised to $18,000 and requested the City Attorney to research Code
Section 35-64(a)(5).
Councilman Buchanan offered a SUBSTITUTE MOTION, seconded by Councilman
Holland, to DEFER ONE WEEK (17 May 1982r the Ordinance to amend and
reordain Chapter 35, Article II, Division 3 of the Code of the City of
Virginia Beach relating to real estate tax exemption/deferral for
certain elderly and handicapped persons.
Voting: 11-0*
*DEFERRED FOR ONE WEEK WAS CANCELLED BY VOTE TAKEN IN FORMAL SESSION
AT 6 : 50 p m .
- 2 7 -
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., 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:
None
*VERBAL VOTE DUE TO VOTING EQUIPMENT FAILURE
- 28-
ITEM II-I.2.c ITEM #18173
The following spoke in opposition to the proposed Ordinance:
George Henry Langley questioned "General Booth"/"Oceana
Boulevard"
Attorney Moody E. Stallings, Jr., represented Donald
Pratt and presented Council with a Petition con-
taining 35 signatures.**
Upon niotion by Councilman Baum, seconded by Vice Mayor Heischober,
City Council voted to uphold the recommendation of the City Manager
and ADOPT the Ordinance to authorize acquisition of property in fee
simple for right-of-way for General Booth Boulevard Phase I and the
acquisition of temporary and permanent easements of right-of-way,
either by agreement or by condemnation.
Voting: 8-3*
Council Members Voting Aye:
John A. Baum, E. T. Buchanan, F. Reid Ervin, Vice Mayor
Harold Heischober, Clarence A. Holland, M.D., W. H.
Kitchin, III, 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:
None
*VERBAL VOTE DUE TO VOTING MACHINE FAILURE
**PETITIONS WERE NOT FILED WITH THE CITY CLERK
- 4 9-
Requested by:Department of Public ;-Iorks
AN ORDINANCE TO A[17'.UORI7,F, ACOUISITION OF
PROPERTY IN FEE SIMPLE FOR RIGHT OF WAY
FOR GENERAL BOOTH @013@E@@@D PFIASE I A,?ID
THE ACQUISITION OF TIMPORARY AND
PERMANENT EASEMENTS OF RIGHT OF WAY,
EITHER BY AGREEMFt7T OR BY CONDEMNATION.
WHEREAS, in the on4nion of the Council of the ritv of
Virginia Beach, Virginia, a public necessity exists for the
construction of this important Project to orovide transportation
and for other public purposes for the preservation of the safety,
health, peace, good order, comfort, convenience, and for the
welfare of the people in the Cit.v of Virginia Beach:
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE
CITY OF VIRGINIA BEACH, VIRGINIA:
Section 1. That the City Attorney is hereby authorized
and directed to acquire by purchase or condemnation pursuant to
Sections 15.1-236, et seq., 15.1-898, 15.1-899, and Section
33.1-89 et seq., Code of Virqinia of 1950, as amended, all that
certain real property in fee simple, includinq temporarv and
permanent easements of right of way as shown on the plans
entitled, General Rooth Boulevard, Phase I these plans beinq on
file in the Office of Real Estate Department of Public Works,
Virginia Beach, Virqinia.
Section 2. That the City Attorney is hereby authorized
to make or cause to be made on behalf of the City of Virginia
Beach, to the extent that funds are available, a reasonable offer
to the owners or persons having an interest in said lands, if
refused, the CitV Attorney is hereby authorized to institute
proceedings to condemn said property.
Section 3. That an emergency is her6by declared to
exist and this ordinance shall be in force and effect from the
date of its adoptiori.
Ador)ted bv the Council of the City of Virqinia Beach,
Virgin ia, on the 10 day of May 19 82.
JAR/kg/re
(9) A Pl,@ "e,
- 30-
L 0 W B I D S
ITEM II-I.3.a-f ITEM #18174
ALL LOW BIDS WERE VOTED ON AS ONE ITEM
The following bids have been received for the Witchduck Road and
Independence Boulevard, Phase III, Project (CIP 5-905):
Suburban Grading & Utilities, Inc. $234,928.76
A & W Contractors, Inc. $251,898.26
Roanoke Construction Company, Inc. $254,502.25
C. L. Pincus, Jr., & Company $254,792.35
W. R. Hall, Jr., Contractor $260,647.01
Carter-Bell Corporation $265,340.01
VICO Construction Corporation $280,068.04
A. Stuart Bolling Company, Inc. $291,478.00
Chesapeake Bay Utilities, Inc. $307,694.00
C. A. Barrs Contractor, Inc. $408,820.00
M. E. Wilkins, Inc. $462,211.29
ENGINEER'S ESTIMATE $254,754.00
The following bids have been received for the Rudee Heights Sanitary
Sewerage Facilities, Contract I (CIP 6-919):
Suburban Grading & Utilities, Inc. $420,716.54
Major T. Archbell, Inc. $511,204.60
Inner-View, Ltd. $514,261.50
Carter-Bell Corporation $516,641.30
M. E. Wilkins, Inc. $533,581.45
VICO Construction Corporation $553,790.18
W. R. Hall, Jr., Contractor $579,959.40
C. A. Barrs, Contractor, Inc. $662,788.62
A. Stuart Bolling Company, Inc. $674,976.00
ENGINEER'S ESTIMATE $571,133.00
- 31 -
The following bids have been received for the Rudee Heights Sanitary
Sewerage Facilities, Contract II (CIP 6-919):
Van de Riet Construction Company, Inc. $148,439.00
Luke Construction Company, Inc. $169,700.00
Crowder Contracting Company, Inc. $177,300.00
Hunt Contracting Corporation $198,713.00
GAVCO Corporation $204,000.00
ENGINEER'S ESTIMATE $144,915.00
The following bids have been received for the Independence Boulevard
Thoroughgood Project (CIP 5-808):
A & W Contractors, Inc. $ 79,408.91
W. R. Hall, Jr., Contractor $ 86,208.01
Suburban Grading & Utilities, Inc. $ 90,601.01
Chesapeake Bay Utilities, Inc. $107,584.00
A. Stuart Bolling Company, Inc. $110,780.00
Carter-Bell Corporation $112,058.00
VICO Construction Company $112,479.80
ENGINEER'S ESTIMATE $ 93,975.00
The following bids have been received for Small Line Improvements,
Contract 3, Beach Borough Area (CIP 5-304):
Carter-Bell Corporation $105,137.00
Chesapeake Bay Utilities, Inc. $109,131.00
A & W Contractors, Inc. $111,559.00
Suburban Grading & Utilities, Inc. $112,330.00
VICO Construction Corporation $112,756.00
A. Stuart Bolling Company, Inc. $128,712.00
C. L. Pincus, Jr., and Company $136,673.50*
ENGINEER'S ESTIMATE $123,000.00
*CORRECTED BID AMOUNT
- 3 2-
The following bids have been received for the Laskin Road Sanitary
Sewer Facilities Project (CIP 6-316):
W. R. Hall, Jr. $6 0 , 5 6 7 . 0 5
A & W Contractors, Inc. $65,749.05
VICO Construction Corporation $69,242.00
Carter-Bell Corporation $78,968.50
Suburban Grading & Utilities, Inc. $80,451.75
M. E. Wilkins, Inc. $88,658.36
C. L. Pincus, Jr. $101,692.80
Chesapeake Bay Utilities $103,817.00
A. Stuart Bolling Company, Inc. $178,540.00
ENGINEER'S ESTIMATE $100,512.18
Upon motion by Councilman Baum, seconded by Councilman Holland,
City Council voted to uphold the recommendation of the City
Manager and APPROVE the following low bids and authorized the
City Manager to enter into the necessary agreements for implementatioii
of these projects:
Suburban Grading & Utilities, Inc., in the amount of
$234,928.76 for the Witchduck Road and Independence
Boulevard, Phase III, Project (CIP 5-905)
Suburban Grading & Utilities, Inc., in the amount of
$420,716.54 for the Rudee Heights Sanitary Sewerage
Facilities, Contract I (CIP 6-919)
Van de Riet Construction Company, Inc., in the amount
of $148,439.00 for the Rudee Heights Sanitary Sewerage
Facilities, Contract II (CIP 6-919)
A & W Contractors, Inc., in the amount of $79,408.91
for the Independence Boulevard - Thoroughgood Project
(CIP 5-808)
Carter-Bell Corporation in the amount of $105,137.00
for the Small Line Improvements, Contract 3, Beach
Borough Area (CIP 5-304)
W. R. Hall, Jr., in the amount of $60,567.05 for the
Laskin Road Sanitary Sewer Facilities Project (CIP
6- 3 1 6 )
Voting: 11-0*
- 33 -
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., 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:
None
*VERBAL VOTE DUE TO VOTING MACHINE FAILURE
- 34 -
N E W B U S I N E S S
ITEM II-J.1 ITEM #18175
Upon motion by Councilwoman McC]anan, seconded by Councilwoman Oberndorf,
City Council voted to hold a SPECIAL MEETING on Friday, May 14, 1982, at
4:00 p.m. for the SECOND READING OF BUDGET ORDINANCES.
Voting: ii-o*
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., 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:
None
- 3 5 -
ITEM II-K.2 ITEM #18176
Mayor McCoy entertained a motion to permit Couiicil to RECESS into
EXECUTIVE SESSION for discussion of the following after which to
RECESS into INFORMAL SESSION to discuss the Budget and RECONVENE
into FORMAL SESSION:
1. PERSONNEL MATTERS: Discussion or consideration of
employment, assignment, appointment, promotion, performance,
demotion, salaries, disciplining or resignation of public
officers, appointees or employees.
2. PUBLICLY HELD PROPERTY: Discussion or consideration of
the condition, acquisition or use of real property for public
purpose, or of the disposition of publicly held property, or
of plans for the future of an institution which could affect
the value of property owned or desirable for ownership by
such institution.
3. LEGAL MATTERS: Consultation with legal Counsel or briefings
by s.taff members, consultants or attorneys, pertaining to actual
or potential litigation, or other legal matters within the juris-
diction of the public body.
Upon motion by Vice Mayor Heischober, seconded by Councilman Baum,
City Council voted to RECESS into EXECUTIVE SESSION for Personnel,
Publicly Held Property and Legal Matters after which to RECESS into
INFORMAL SESSION to discuss the Budget and RECONVENE into FORMAL
SESSION.
Voting: 11-0*
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., 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:
None
*VERBAL VOTE DUE TO VOTING MACHINE FAILURE
- 3 6 -
ITEM II-J.3 ITEM #18177
Councilwoman Henley advised during the meeting she attended with
Dr. Deaner on Friday, May 7, 1982, regarding False Cape State
Park a Press Release was issued by Governor Robb advising he
has formed a TASK FORCE to study an exchange of property at
False Cape State Park. The City Council named Councilwoman Reba
S. McClanan to represent Virginia Beach.
ITEM II-K.4 ITEM #18178
The Mayor advised he had P-3 Personnel forms for each of the four
current Appointees to remove the City Attorney, City Clerk, High
Constable and Real Estate Assessor from the City's Pay Plan (in
accordance with Council action April 19, 1982, Item #18090.
City Council RECESSED into EXECUTIVE SESSION, (3:45 p.m.)
- 3 7 -
I N F 0 R M A L S E S S I 0 N
Mayor McCoy called the INFORMAL SESSION to order with the following
Council Members Present:
John A. Baum, E. T. Buchanan, 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., and Meyera E. Oberndorf
Council Members Absent:
Patrick L. Standing
ITEM #18179
The City Manager presented to Council the report from Wiley and Wilson
on the Appomattox River Water Authority entitled "Water Supply to
Virginia Beach". This matter will be on the Agenda of 17 May 1982
for Council's review.
COMPREHENSIVE ZONING ORDINANCE ITEM #18180
The City Manager advised that the Comprehensive Zoning Ordinance
allows as a conditional use mobile homes for farm laborers in the
agricultural district and advised that the Planning Director was
present to discuss this matter with Council.
Mr. Scott advised that his Staff has "come up with five points that
might be worth consideration":
1. Under no circumstances expand this provision
into an alternative housing scheme.
2. Maintain 100 acre minimum on the side of the
farms eligible for this use permit provisions.
3. Change mobile home for shelter to farm ;aberei-s
employees.
4. Change mobile home for shelter to farm laborers
to fer shelter farm laborers.
5. Certification procedure (annual).
City Council RECESSED to further discuss the FY 1982-83 Operations
Budget (4:45 p.m.)
- 38 -
ITEM #18181
Mayor McCoy called the FORMAL SESSION to order with the following
Members of Council Present: (6:50 p.m.)
John A. Baum, E. T. Buchanan, 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., and Meyera E. Oberndorf
Council Members Absent:
Patrick L. Standing
ITEM #18182
Upon motion by Councilmati Ervin, seconded by Councilman Buchanan,
City Council voted to APPROVE ON FIRST READING the Ordinance to
appropriate funds of $210,000 for the contract of employment of
Thomas H. Muehlenbeck as City Manager of the City of Virginia
Beach, effective June 1, 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., W. H. Kitchin, III, Reba S. McClanan,
Mayor J. Henry McCoy, Jr., D.D.S., and Meyera E.
Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Patrick L. Standing
@'IWTI@ O;,
'y2lO,OOo )7o@l, C;O'.@TRAC.'F ()y E'LPI@CY@iE@@T
O@' TiiO',IAS Ii. AS CITY @@@AGER
OF CITY
'ATHEREAS, Ci-ty Council has aE,,reed' to ep.1ploy Tllcmas H. Muehlenbeck
as C',t1/2, of tli,@ Cit-, f ',;--@,inia BeL,@:1) for the tiire,, ),CLI: p@17-*Qi
June 1, i982 to May 30, 1985 at the rate of $70.000 for each twelve
month i,cri-ocl, ard
WIIEREAS, a contract of employr@ient to this effect has been drafted,
and
';THEP,EAS, it is the desire of C-,ty Council to provide funds for
tbis contract.
NOW, IIIEREFORE, BE IT ORDAI.@r.D BY THE COITNCIL OF THE CITY Op
VIRGINIA BEACH that funds of @210,000 be appropriated from the General
Fund Balance in order to provide funding for the contract of employment
x@itli the City @',anager,and
BE IT L@'JRTIIER ORDAINED that tlie Director of Finance is hereby
authorized to certify availability of fuids, ard
BE IT FURTHER ORDAINED that the Mayor is authorized on behalf of
City Council to execute tlie attaclicd contract ric,,rked E@.hibit A.
Th,*-s o--dinance shall bc in ef.lect froll tlle date of its adopt"on.
I'do@tcd Ly Lli-- Council of the City of Virginia Beach, Virginia
on the day of 1982.
First Reading: 10 riay 1982
Second Reading:
- 40 -
ITEM II-I.2.b ITEM #18183
Upon motion by Councilwoman Henley, seconded by Councilwoman Oberndorf,
City Council voted to uphold the recommendation of the City Manager and
ADOPT the Ordinance to amend and reordain Chapter 35, Article II,
Division 3 of the Code of the City of Virginia Beach relating to real
estate tax exemption/deferral for certain elderly and handicapped persons.
This Ordinance was revised to include the word "not" on Page two, line
32 and "estate of" on Page 5 section (b).
Voting I 0- 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., W. H. Kitchin, III, Reba S. McClanan,
Mayor J. Henry McCoy, Jr., D.D.S., and Meyera E.
Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Patrick L. Standing
5/1 O/ 8 2
-4i-
AN ORDINANCE TO AMEND AND REORDAIN
CHAPTER 35, ARTICLE II, DIVISION 3
OF THE CODE OF THE CITY OF VTRGINIA t
BEACH RELATING TO REAL ESTATE TAX
EXEMPTION/DEFERRAL FOR CERTAIN
ELDERLY AND HANDICAPPED PERSONS
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
Section 35-62. Authorized.
Real estate tax exemption and deferral is provided for
qualified property owners, who are not less than sixty-five (65)
years of age, or who are permanently and totally disabled, or who
jointly hold land with a spouse who is permanently and totally
disabled, and who are eliqible accordinq to other terms of this
division. Persons qualifying for such exemption or deferral are
deemed to he bearinq an extraordinary real estate tax burden in
relation to their income and financial worth.
L
Section 35-63. Administration; rules and regulations of city
manaqer.
The exemption or deferral provided for in this division
shall be administered by the city manager accordinq to the
general provisions contained in this division. The city manaqer
is hereby authorized and empowered to prescribe, adopt and
enforce such rules and requlations, includinq the requirement of
answers under oath, as may be reasonably necessary to determine
qualifications for the exemption or deferral provided for in this
division. The city manager may require the production of
certified tax returns, appraisal reports and other certifications
to establish income, financial worth or disability.
Section 35-64. General prereauisites to qrant; effect of
resi6encv in hos.TDital, nursinq home, etc.
(a) The exemption.or deferral, but not both, as
provided for in this division shall be qranted to
persons subject to the followinq provisions:
(1) The title to the property for which exemption
or deferral is claimed is held, or partially held,
4
on June thirtieth immediately preceding the
taxable year, by the person or persons claiming
exemption or deferral and is occupied as the sole
dwelling of such person or persons.
(2) The head of the hotisehold occupv;.nq the
dwelling and owning title or partial title thereto
or either spouse in a dwellinq jointly held by a
husband and wife is either permanently and totally
disabled or is sixty-five (65) years of aqe or
older on June thirtieth of the year immediately
preceding the taxable year; provided, however,
that a dwelling jointly held by a husband and wife
may qualify if either spouse is over sixty-five
(65) years of age on such date.
(3) The applicant has been a resident of the Citv
for at least two (2) years immediately preceding
the request for exemption or deferral.
(4) The total combined income, during the
immediately preceding calendar year, from all
sources, of the owner of the dwellinq living
therein and of the owner's relativeg living in the
dwelling does not exceed eieven thirteen thousand
dollars +$117909790+7 ($13,000.00), provided that,
the first two thousand dollars ($2,000.00) of
income of each relative, other than the spouse of
the owner or owners, who is living in the dwellinq
shall not be included in such total.
(5) The net combined financial worth, including
equitable interest, as of December thirty-first of
the vca,- irrcdiallel@,@
of the owners, and of the spouse of any owner,
excluding the value of the dtielling and tjle lan@,
not exceedinq one acre, upon which it is situated,
does not exceed thirty-five thousand dollars
($35,000.00).
-2-
c@ c: o,]
(b) The fact that persons who ai-e otherwise
qualified for tax exemption or deferral pursuant
to this division are residing in hospitals,
nursing homes, convalescent homes or other
facilities for physical or mental care for
extended periods of time shall not be construed to
mean that the real estate for which tax exemption
or deferral is sought does not continue to be the
sole dwelling of such persons during such extended
periods of other residen--e, so lonq as such real
estate is not used by or leased to others for
consideration.
Section 35-66. Applicant's affidavit and certificate of
disabilitv.
(a) Annually, not later than Atiaust fifteenth, but
after April fifteenth, the person or persons claiming an
exemption or deferral under this division shall file a real
estate tax exemption/deferral affidavit with the city manager.
Such affidavit shall set forth, in a manner prescribed by the
city manager, the location and assessed value of the property and
the names of the related persons occupyinq the dwellinq for which
exemption or deferral is claimed, their gross combined income and
their net combined financial worth. The affi-davit shall also
include indication as to whether the person or persons claim
either the exemption or the deferral option, the amount of
deferral being one hundred percent (100) of the real es"ate tax
liability.
(b) If the applicant is under sixty-five (65) years of
age, the affidavit required by subsection (a) above shall have
attached thereto a certification by the social security
administration, the veterans administration or the railroad
retir@ment board, or if su(,h n@rqr)n ip n,,)t fo,
certification by any of these aqencies, a sworn affidavit by two
(2) medical doctors licensed to practice medicine in the
commonwealth, to the effect tha*. such person is permanently antj
-3-
totally disabled, as defined in section 35-.61. The affidavit of
at least one of such doctors shall be based upon a physical
examination of the applicant by such doctor. The affidavit of
one of such doctors may be based upon medical information
contained in the records of the civil standards for deter,,rininq
permanent and total disability, as defined in section 35-61.
Section 35-67. Amount of exemption.
When a person claiminq exemption under this
division conforms to the standards and does not exceed the
limitations contained in this division, the tax exemption shall
be as shown on the followinq schedule:
TOTAL INCOME TAX
ALL SOURCES EXEMPTION
$ 00.00 to $ .57590709 $6,000.00 100%
57591709 6,001.00 to 3L7SG9v99 7,000.00 80%
4-fsglvGG-7,001.00 to 8-1500-.99 9,000.00 60%
675947OG-9,001.00 to 975@GvOO 11,000.00 40%
97SG4799 11,001.00 to +47990TOO 13,000.00 20%
No lien shall accrue as a result of the amount certified as
exempt.
-4-
~100%) Of all real estate taxes assessed by the city aqainst
his/their real estate until payment bscomes due as provided by
subsection (b) herein below.
(b) The accumulated amount of taxes deferred M]all be
paid, p]us eight percent (8%) interest per annum on the amount so
deferred without penalty, to the treasurer of the City of
Virginia Beach or to the clerk of the circuit Court, as the case
may be, by the vendor upon the sale of the d;.~ellingr or fro,,n the
.estate of decedent within cna yea]; from the death of the last
owner thereof who qualifies for tax deferral by the provisions of
this division Such ....
· ¢~ferreu real estate taxes shall constitute
a ]J. en upon the ~_-eal estate ss if they hdc'., been a~.~, ~-~ ·
regard to the deferral permitted by this division~ provided,
however, that such liens shall, to the extent that they exceed
t~e aggregate ten percent (]0%) of the price for wh]ch such real
estate is sold, be i~ferior to all other liens of record.
(c) ]~ot later than the first day of Auuust of the
t~ird anniversary of the original d:~e date had such taxes not
been deferred as provided herein, the t~asurer shall certify to
the clerk of the circuit court a list of all real estate against
~hich deferred taxes are still outstanding, and the clerk shall
cause such deferred taxes to be recorded as a lien aqalnst the
respective real estate as liens are customarily recorded and
Section 35~7.2
_ . ~,neD ~mouDt exemnted/deferred exceeds
In any ta>: vear ~n wb'Jc:'p, the amotu]t ' ' - ~_,
appropr3 z!l ed !-,,, , ,;e
- 4 6 -
to afford the entire exemption and/or deferral allowable under
the computations made pursuant to Section 35-67, the amount of
exemption and/or deferral shall be computed as a fraction of that
produced under the formula set out in section 35-67, the
numerator of the fraction to be the amount of the appropriation
for the tax year and the denominator of the fraction to be the
total amount of all allowable exemptions and/or deferrals
computed under the formula shown in Section 35-67.
Section 35-69. False claims.
Any person falsely claiming an exemption or deferral
under this division shall be gulty of a Class 1 misdemeanor.
This Ordinance shall be effective on and after the date
of its adoption.
Adopted by the Council of the City of Virainia Beach,
Virginia, on the 10 day of May 1982.
MES/ih/re
5/4/82
(1981-D)
A,@P?O'.@ D AS TC) I-C)'),TENT
-,o Fpll
-6-
- 4 7 -
ITEM II-I.I.e ITEM #18184
Upon motion by Councilman Baum, seconded by Councilman Holland, City
Council voted to uphold the recommendation of the City Manager and
APPROVE ON FIRST READING the Ordinance making appropriations for the
fiscal year beginning July 1, 1982 and ending June 30, 1983, in the
sum of Two Hundred Sixty-Four Million, Three Hundred Fifty-Five
Thousand, Two Hundred Ninety-Five Dollars ($264,355,295) for operations
and Eighty-Five Million, Four Hundred Sixty-One Thousand, Nine Hundred
Twenty-Three Dollars ($85,461,923) in interfund transfers and regulating
the payment of money out of the City Treasury, as amended.
V o t i n g :8-2*
Council Members Voting Aye:
John A. Baum, E. T. Buchanan, F. Reid Ervin, Vice
Mayor Harold Heischober, Barbara M. Henley, Clarence
A. Holland, Mayor J. Henry McCoy, Jr., D.D.S., and
Meyera E. Oberndorf
Council Members Voting Nay:
W. H. Kitchin, III, and Reba S. McClanan
Council Members Absent:
Patrick L. Standing
*VERBAL VOTE DUE TO VOTING MACHINE FAILURE
- 48 -
AN ORDI',.kNCE MAK1 :11 AE'PROPRIA-IONS '@OP T!!E
FISCAL YEAR BEGIN'@-,'( JTJLY 1, 1982 AND ENDING
JU,NE 30, 1983, IN s@'i OF 'n"o SEX'I'i-
FOUR @IILLION, THR'-'@ @.l@NI)RED Fl'-TY-FlVf', TilOL,S,@ND,
TWO HUNDRED NINETY--F@IVE I)OI@LARS ($264,355,295) FOR
OPERATIONS AND EIGHTY-FIVE '@IILLION, FOUR HUNDRED
SIXTY-ONE THOUSAND. NINE liUNDRED TWENTY-TIIREE
DOLLARS ($85,461,9'-3) IN INTERFUND T@,ISFSRS AND
REGULATING THE PA,@IENT OF MONEY OUT OF THE CITY
TREASURY, AS *IENDED.
1411EREAS, the City @lanager has heretofore submitted to the Council an Annual
Budget for the City for the fiscal year beginning July 1, 1982, and ending
June 30, 1983, and it is necessary to appropriate sufficient funds to cover said
budget.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA:
Section 1. That the amounts named aggregating THREE HUNDRED FORTY-
NINE MILLION, EIGHT HUNDRED SEVENTEEN THOUSAND, TWO HUNDRED EIGHTEEN DOLLARS
($349,817,218) consisting of EIGHTY-FIVE MILLION, FOUR HUNDRED SIXTY-ONE
THOUSAND, NINE HUNDRED TWENTY-THREE DOLLARS ($85,461,923) in interfund interfund
transfers and TWO HUNDRED SIXTY-FOUR MILLION, 'L-HREE HUNDRED FIFTY-FIVE THOUSAND,
TWO HUNDRED NINETY-FIVE DOLLARS ($264,355,295) for operations or so much thereof
as may be necessary as set forth in the Annual Budget for the fiscal year
1982-83, submitted by the City Manager on the date of March 31, 1982 are hereby
appropriated, subject to the conditions hereafter set forth, for the year
1982-83, for the use of the several departments and specially designated funds of
the City Government, and for the purposes hereafter mentioned, as set forth in
said Annual Budget, which is hereby incorporated by reference, for the fiscal
year beginning July 1, 1982 and ending June 30, 1983 as follows:
Budget
Item of Expenditures 1982-1983
GENERAL FUND:
Legislative Department:
Municipal Council $ 844,079
City Clerk 149,305
Total $ 993.384
Executive Department:
City Manager $ 292,892
Public Information Office 253,004
GrAnts Office 103,050
Office c;f Emergency Services 178,010
Office of Emergency @ledical Services 399,712
Total
Pa@@e I
t
Item of Expenditures 1982-1983
GENERAL FUND:
Law Department:
City Attorney $ 773,388
Finance Department:
Commissio-@ier of the Revenue $ 1,150,985
Board of Equalization 15,459
City Real Estate Assessor 770,898
Treasurer 1,395,871
Director of Finance:
Administration 204,273
Research 146,640
Budget 162,599
Accounting 646,452
Payroll 143,157
Business License Audit 210,321
Independent Auditing 50,000
Purchasing 229,271
Total $ 5,125,926
Personnel Department:
Administration $ 124,127
Employee Relations 131,181
Testing and Selection 161,443
Wage and Salary 151,489
Training 50,221
Total $ 618,461
Judicial Department:
Circuit Court $ 129,368
General District Court 17,846
Juvenile and Domestic Relations District Court 10,999
Commonwealth's Attorney 862,252
Commonwealth's Attorney - Social Services Fraud 60,302
Hig@ Constable 309,100
Sheriff's Office 312,472
Correctional Operations:
Court Support Services 231,178
Treatment 522,866
Custodial 1,742,013'
Clerk of the Circuit Court 249,447
Magistrates 6,125
Juvenile Probation:
Management and Support 353,268
Intake Unit 256,694
Diversion Unit 150,078
Field Units 420,029
Total $ 5,634,037
Health Department:
Preventive Medicine $ 847,216
City Physician 207,240
Total $ 1,054,456
Social Services Department:
@irec,oc of Social Services $ 4,86z,/60
Public Assistance 1,687,200
Hospitalization 342,000
Total $ 61831,460
Police Department:
Administration:
Chief's Staff $ 872,577
Persotinel and Training 284,445
Page 2
Bud;,e t
Item of Expenditures 1982-1983
GE,NERAL FUND:
Police Department: (concluded)
Services 1,237,526
Uniform Division:
Auxiliary Police 37,283
Patrol and Administrative Support 7,168,907
S.P.O.T. 21100,441
Communications Division 1,653,100
'@nvestigative Division 2,588,715
Animal Control 657,738
Medical Examiner 4,500
Total $ 16,605,232
Public Works Department:
Administration:
Director's Staff $ 196,022
Real Estate Office 237,785
Business Office 135,115
Highway Division:
Administration 412,142
Inspections 303,361
Street Maintenance 3,968,306
Drainage Maintenance 1,292,654
Bridge Maintenance 849,665
Engineering Division:
Administration 457,638
Surveying 518,586
Mapping 433,231
Drafting 217,570
Waterfront Operations/Inspections 110,681
Special Projects 132,679
Building Construction 86,784
Inspections 374,359
Traffic Engineering Division:
Design and Administration 2,128,245
Operations 1,262,450
Solid Waste Division:
Solid Waste Administration 144,443
Refuse Disposal 1,370,262
Refuse Collection 4,684,703
Sanitation Inspections 180,551
Solid Waste Transfer Station 445,170
Back Bay Salt Water Project 76,972
Erosion Commission 1)461,318
Total $ 21,480,692
Piirks and Recreation:
Director of Parks and Recreation $ 227,623
Parks and Maintenance:
Administration 219,838
Construction and Maintenance 1,775,901
Parks and Beaches 909,283
Golf Courses:
Red Wing Golf Course 403,383
Bow Creek Golf Course 321,344
Owl Creek Municipal Tennis Center 19,242
Boardwalk Trains 21,408
Virginia Reacli Transit 475,2)3
Recreation:
Virgiiiia Beach Recreation Center (Kempsville) 765,938
Bow Creek Recreation Center 229,484
Administration 198,766
Adult Activities 508,392
Youth Activities 606,623
Page 3
Budget
Item of Fxpenditures 11 97 80'-, - ii " @1)
GENERAL FUND:
Parks and Recreation: (concluded)
Athletics $ 308,315
Shakespeare Festival Program 8,616
Total $ 6,999,369
Library Department:
Administration $ 222,842
Branch Libraries:
Great Neck Branch Library 219,719
Bayside Branch Library 226,999
Oceanfront Branch Library 215,886
Kempsville Branch Library 232,868
Windsor Woods Branch Library 245,170
Reference Services 396,498
Extension Services 182,940
Special Services 126,961
Technical Services 545,124
Children's Services 88,437
Beam 30,437
Total $ 2,733,881
Planning Department:
Management and Support $ 485,944
Comprehensive Planning 175,643
Operations 168,842
Total $ 830,429
Agriculture Department:
Administration $ 110,540
VPI Extension Services 164,326
Farmers' Produce Market 114,863
Environmental Services 53,793
Total $ 443,522
Department of Economic Development:
Director of Economic Development $ 161,715
Civic Center 43,580
Tourist Development 11188,831
Industrial Development 424,946
Convention Promotion 343,662
Pavilion 896,123
Total $ 3,058,857
Department of General Services:
Administration:
Director of General Services $ 112,445
Employee Safety 95,273
Building Maintenance:
Management and Support 2,493,098
Electrical 368,217
Heat and Air Conditioning 494,084
General Maintenance 1,250,717
@,48@,57@
Landscape Division:
Superintendent of Landscape Services $ 502,975
Ground Maintenance 1,071,198
Beautification 1,184,366
Clean CoTTinkunity 31,695
Mail Distribtition 146,538
Total $ 231 l@S5
Page 4
Bud i.,,e t
Item of Expendit@ires 1982-198i-
GENERAL FTIND:
Boards and Commissions:
General Registrar $ 242,228
Mosquito Control Kempsville/Bayside 396,977
Mosquito Control Princess Anne 293,860
Mosquito Control Virginia Beach/Lynnhaven 399,847
Zoning Board of Appeals 14,494
Arts and Humanities Commission 79,200
Mass Transit Operations 600,000
Wetlands Board of Virginia Beach 7)180
Total $ 2,033,786
Non-Departmental:
Employee Training and Special Benefits $ 274pooo
Fire Department:
Administration $ 283,399
Fire Prevention 719,602
Fire Suppression 7,209,521
Training 304,616
Forestry 81455
Total $ 8,525,593
Department of Data Processing:
Director's Office $ 214,956
Operat@lons:
Technical Support 367,791
Computer Operations 1,462,063
Systems and Programming 913,801
Central Files 238)103
Total $ 3,196,714
Department of Permits and Inspections:
Administration $ 312,851
Consumer Protection 182,832
Housing Code Enforcement 135,557
Building Inspections 579,536
Zoning Code Enforcement 198,654
Total $ 1,409,430
Department of Mental Health:
Board Office $ 193,890
.Comprehensive Mental Health:
Program Clinical Support 323,073
Consultation and Education 178,568
Outpatient Servic6s 238,947
Community Rehabilitation 288,390
Emergency Services 224,056
Child and Youth Services 319,884
Mental Retardation/Developmental Disabilities:
Program Support 135,083
Residential Services 85,841
Adult Services 218,887
TransporLation Program 64,028
Care Program
Infant Stimulation Program 30 272
Case Management 28,163
Substance Abuse Services 653,218
Alcohol Safety Action Program 116,280
Community Trust 30@105
Total $ 31187,303
I'age 5
3 -
BtidgLt
Item of Expendittires 198@-1983
GENERAL FUND:
Transfer to Other Funds: $ 82,261,109
Reserve for Contingencies:
Regular $ 241,503
Salary 11875,000
Total $ 2,116,503
TOTAL GENERAL FUND 186,645,385
WATER AND SEWER FUND
Department of Public Utilities:
Director's Office $ 214,775
Engineering 1,588,659
Water Production/Resources 5,542,421
Operations Administration 468,629
Water Distribution 1,844,383
Water Pump Stations 1,002,002
Sewer Collection 1,575,229
Sewer Pump Stations 1,598,800
Customer Services 21318,864
Total $ 16,153,762
Revenue Bond Debt Service: $ 5)261,947
Transfer to Other Funds: $ 3p2OO,814
Reserve for Contingencies:
Regular $ 520,009
Salary 184,500
Total $ 704,509
TOTAL WATER AND SEWER FUND $ 25,321,032
SCHOOL OPERATING FUND
Department of Education:
Administration $ 1,226,869
Research, Planning and Development 167,042
Instruction 63,255,056
Other Instructional Costs 8,949,733
Attendance and Health 1,327,730
Pupil Transportation 5,170,409
Operation of School Plant 9,169,018
Maintenance of School Plant 3,830,997
Fixed Charges 20,418,815
Summer School 280,351
General Adult Education 104,893
Basic Adult Education 125,074
Vocational Adult Education 152,614
Capital Outlay 652,343
Total Requested $ 114,830,944
Total City @fanger Reductions 969,132
TOTAL EDUCATION $ 113,861,812
LAW LIBRARY FUND
Law Library 44,770
SIX BOROUCII SCIIOOL DEBT FUND
Debt Service $ 17,125
Pa@g(! 6
4
Budget
Item of Expe-,iditiires 1982-198 3
GENERAL DEBT FUND
lYebt Service $ 22,827 083
PENDLETON CHILD SERVICE CENTER FUND
Judicial Department:
Pendleton Child Service Center $ 490,734
TIDEWATER VIRGINIA ASAP FUND
Judicial Department:
Tidewater Virginia ASAP $ 609 277
TOTAL BUDGET $ 349,817,218
Less: Interfund Transfer - 85,461,923
NET BUDGET $ 264 355,295
Section 2. Subject to the provisions of Chaper 2, Article III, of the
Virginia Beach City Code, the salaries and wages set forth in detail in said
Annual Budget, are hereby authorized and fixed as the maximum compensation to be
paid for services rendered.
The total of positions, shall be the maximum number of positions authorized
for the various departments of the City during said fiscal year except changes or
additions authorized by the Council and as hereinafter provided. The City
Manager may from time to time increase or decrease the number of temporary posi-
tions provided the aggregate amount expended for such services shall not exceed
the respective appropriations made therefor. The City Manger is authorized to
make such rearrangements of positions within and between bureaus, divisions, and
departments named herein, as may best meet the uses and interests of the City.
Section 3. All collections of delinquent City taxes shall be credited to
the General Fund of the City by the Treasurer.
Section 4. All collections of local taxes levied shall be credited to the
r-n-r@l P,-d of th@ Tr,,P.@fers be mid- froi, the Genera.! P',lid t@ tl,-
respective specially designated funds for which a levy is made in the respective
amounts levied for each such specially designated f,ind.
Section 5. All tax abatements and tax supplements dated subsequent to
June ", 1983 for the FY 1983 tax year sliall accrue to the General Fund of ttie
City.
Pa c 7
Section 6. All balances of the appropriations payable out of eacli full,@ )f
the City Treasury unenctinibered at t'@ie cltise of bus-@Iness for tlil fiscal @,E!,ir
ending on the thirtieth (30th) day of June, 1983, except, as otlierwise provided
for, are hereby declar6d to be lapsed into the surplus of the respective funds,
except School Operating Fund which shall lapse into the General Fund Surplus, and
shall be used for the payment of.the appropriations which may be made in the
appropriation ordinance for the fiscal year beginning July 1, 1983.
All balances remaining in the Bayside/Kempsville School Debt Fund and
Virginia Beach Borough Debt Fund at the close of business for the fiscal year
ending on the thirtieth (30th) day of June, 1982, are hereby declared to be
lapsed into the General Debt Fund and shall be used for the payment of the
appropriations which may be made in the appropriation ordinance for the fiscal
year beginning July 1, 1982.
All balances remaining in the Farmers' Produce Market Enterprise Fund, the
Golf Courses Enterprise Fund, the Boardwalk Trains Enterprise Fund, and the Owl
Creek Tennis Center Enterprise Fund at the close of business for the -scal year
ending on the thirtietb (30th) day of June, 1982 are hereby declared to be lapsed
into the General Fund and shall be used for the paymen iations
which may be made in the appropriation ordinance for the fiscal year beginning
July 1, 1982.
Further, all balances remaining in the Six BorouRh School Debt Fund at
December 31, 1982 are hereby declared to be lapsed into the General Debt Fund
and shall be used for the payment of the appropriations which may be made in the
appropriation ordinance for the fiscal year beginning July 1, 1982.
Section 7. No department or agency receiving appropriations under the pro-
visions of this Ordinance shall exceed the amount of its or his appropriations
except with consent and approval of the City Council first being obtained, but it
is expressly provided that the restrictions with respect to the expenditure of
the funds appropriated shall apply only to the totals for each budget uni@
@iieluded in this Ordinance.
The City Manager is hereby authorized to approve transfers for appropria-
tions within any department or between departments in an amoi;,t not to exceed
$10,000 in any single transaction, and further, he is authorized to approve
transfers and expenditures frOTn the Reserve for ConciiigenciE'.s ill an aeotint not t,)
F'ag,2 8
exceed $10,000 in any single. traiisacti,)ri ex(,.E-@I)t 3q lier,--in 1)rovided. The City
@lanager may limit e,.,pz--nditures to tho clas@@(,s of il)prol)ri@itiolis Is Sct forl@ll iii
the btidget document or as required by the State Auditor of Public Accounts if
such requirements are different from the classes sho@Tn in the budget document.
In addition, the City Manager may transfer appropriations from Reserve for
Contingencies, in amounts necessary, for across-the-board salary increases
approved by City Council.
Section 8. Nothing in this section shall be construed as authorizing any
reduction to be made in the amount appropriated in this Ordinance for the payment
of interest or bonds on the bonded debt of the City Government or the former
political subdivisions of Virginia Beach and Princess Anne County.
Section 9. Allowances out of any of ttie appropriations made in this
Ordinance by any or all of the City departments, bureaus or agencies, to any of
their officers and employees for expenses on account of the use by such officers
and employees of their personal automobiles in the discharge of their official
duties shall not exceed twenty cents (20cts) per mile of actual travel for the
first 15,000 miles and eleven cents (11cts) per mile for additional miles of such
use within the fiscal year.
Section 10. All traveling expense accounts shall be submitted on forms
approved by the Director of Finance and according to regulations approved by the
City Council. Each account shall show the dates expenses were incurred or paid;
number of miles traveled; method of travel; hotel expenses, meals and incidental
expenses. The Director of Finance is specifically directed to withhold the
issuance of checks in payment of expense accounts submitted for "lump-sum"
amounts, including payments to employees of the School Board.
Section 11. That this Ordinance shall be in effect from and after the date
of its adoption.
Section 12. That if any part or parts, section or sections, sentences,
clause or phrase of this Ordinance is for any reason declared to be unconstitu-
tional or irivalid, sucii decisioli shall noL affeCL Llie validity of tlie remaining
portions of this Ordinance.
First Reading: 10 May 1982
Second Reading:
Adopted by tlie Council of the City of Virginia Beich, Virginia, on the
day 1982.
Paf.,e 9
- 5 7 -
ITEM II-I.I.a ITEM #18185
Upon motion by Councilman Buchanan, seconded by Councilman Baum,
City Council voted to uphold the recommendation of the City
Manager and APPROVE ON FIRST READING the Ordinance to amend and
reordain Chapter 21, Section 21-75, Subsections (a), (b), (c),
(d) and (e) of the Code of the City of Virginia Beach relating
to motor vehicle license tax rates to increase motor vehicle
decals by $5.00.
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., W. H. Kitchin, III, Reba S. McClanan,
Mayor J. Henry McCoy, Jr., D.D.S., and Meyera E.
Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Patrick L. Standing
*VERBAL VOTE DUE TO VOTING MACHINE FAILURE
A l,' (1-I
(a), (b', (d) Cel'y@@ 01,' TI@IF,
CITY Or VIIZGltllA @!--ACli To @IOTO@(
LIC"'I'Si" TAX
BL; 1T ORDAI@','[-:i) IIY THE COU-i@CIL OF TIIE CTI'@-OF Vlp.'-I,".IA VIRGI'71A:
That Cliapter 21, SecLion 21-75 (a@), (b), (c), (d) and (e) are lic,.re-t)y alliondcd
and rcordztined as folloi@s:
Section '@1-75 - imposi-tion -of tax.
(a) There is liereby ii,-iposed an lnnual license tax, for each ll:cense year as
esll-.il,,Il,slied by tliis article, on rpotor vehicles, trailers aiid semitrailers, the
amount of w'@iich sliall be as set forth ii-i ttic,. follo,7iilt, subscction of this sectioii.
'k b,) Tije liciei-@se tax oii a motor vL@l-@-@'cle, w(-igliiif, fou,@ tliouqand (Ii,ooo)
pc,tinds or less, designed and used @@or tl-,e traiispor-,,it@lon of -,'O-hiclc-s passcrgcr,31
vyhicli s'lall include every stic!i vc!liicle %41-,icli is self-propclicd or designee@ for
self p-,)I)tilsion, relulirl,,, kept in tht. cit-y and based upon ptiblic roadi:.ays of tl,,c
city, sliall be d.Dll@,rs (@2O.-OO), excep" as ol.hcr-
wise. specificallv i)roviied in tliis sect:ion. Tf tlie inotor vel,j.cle as alc)ve.
describ-J wciglic ii exces!; of fo-ir tlious,@lli (1@,000@) POUTIDS, tlle lic@l!Se. fCc!
be t-wenly-doll-a-r,@@2(@,@@) wenly-fixe (1@25.00@, pcr ),car for each liccns-- ycar.
(c) The license tax on a riotorcycle sliall b@- fiftc-en
doll.ars ($15.00).
(d) The license tax on a utility, boat or camping trailer, whicli is nor-
mally pulled by passenger car or station wagon, or a pickup or panel trucl@, and
whicli liaq a gross weiglit of six thousand five hundred (6,500) pou-@lds or less is
thr-ee-dol-lar@ord-f-i-ft-y@cnts-($-'-.-549) cifht dollars and f!flv ceiits
i)arzigrj7@ph slial-I ',)c, corsLr-,icd -,q to or ser,,.i--
trailers ac t-) trlil7,-
ol)erit,-@ci utid(!r or el)tal 01 for
tion. Tlie li.cetisl tax f(-r i or for tlie iisl
1"Vi ij@ qti art(, rF; f oi- li@iT,i:in %@,ii 1 (.1, I 1. 1 l)-
V-'!)
cl r
@jci:,@'t Of ti"e. 0-r
L
zi ),,-iIt, OI)C loic-tcd to ti,,@ @,'Iii cii
licer.qc@l, hy tlie s@ale according to tlie
c
. . i , Oo'i . . . . .
4,001-16,000 . . . . . 20.00 25.0,0 37,001-38,000 . - . . . 4el.lo 5'@.10
16,001-17,000 . . . 80 25.80 38,0()1-'9,000 . . . . . 49.40 54.ItO
7, 000 . . . . . .@2.10 27.10 39,001-'10,000 . . . . . 50.70 1)5. 7c)
le,,001-19,000 . . . . . 23.40 28.40 4(@,001-',I,Ooo . . . . . 5',.()O 57.00
20,001--2l,t)00 . . . . . 2(,.00 31.00 41 , C)C) 1 -42, 0,)0 . - . . . 53.30 58.30
2 ) , I -) ?- , 0 0 0 . . . . . 27.30 32.30 42,001-43,000 . . . . . .5@'1,60 59,(,0
2 2, (ii) 1- 2 3 , C?O,) . . . . . 28.6c) 33.60 43,0',I-@,,',,OOO . . . . . 55.90 100.90
23, -.,,000 . . . . . 29.90 34.90 4!!,001--45,000 . . . . . 57.20 62.20
24,OC)!-'@5,000 . . . . . 31.20 36.20 45,001-46,C)OO . . . . . 58.50 63.50
25,001-26,000 . . . . . 32.50 37.50 46,001-47,000 . . . . . 5@).80 64.80
26,00'@-27,000 . . . . . 33.80 38.80 1.@7,001-4',OCO . - . . . 6i.10 610.,,o
27,001-28,000 . . . . . 35.10 140.10 48,001-4o,or)o . . . . . 62. 110 67.40
28,001-1,9,000 . . . . . 36.40 41.40 40,001-50,000 . . . . . 6".10 68.70
29,001-30,000 . - . . . 37.70 42.70 50,001-51,000 . . . . . 65.00 70.00
30,I)OI-31,000 . . . . . 39.00 44.00 51,001-52,000 . - . . . 66.30 71.30
31$001-131,,OOC) . . . . . 40.30 45.30 51-,DOI-5j,000 . . . . . 6".60 72.,,O
32,001-33,000 . . . . . 41,60 116.60 53,OCI-54,1.100 . . . . . G8.nlo 73.@O
'i3,OC)1-34:000 . . . . . 42.9 47.90 54'C)C)1-55,000 . . . . . 70.20 75.20
0
3@, (,O 1-3 5, C-01) . . . . . 44.20 49.20 55:001--56,000 . . . . . 7 i . ic, 76.50
35,001--36,000 . . . . . 45.50 50.50 56,001-56,300 . . . . . 72.80 77.80
56,800 aiid over . . . . 75.00 80.00
FIRST READING: May 10, 1982
SECOND READING:
Adopted by the Council of the City of Virginia Beach, Virginia,
on the day of 1982
2
- 6 0 -
ITEM II-I.I.b ITEM #18186
Upon motion by Councilman Buuchanan, seconded by Vice Mayor Heischober,
City Council voted to uphold the recommendation of the City Manager and
APPROVE ON FIRST READING the Ordinance to amend and reordain Chapter 31
Section 31-61, Subsections (A) and (B) and add a new Subsection (C)
thereto of the Code of the City of Virginia Beach relating to refuse
disposal areas use charges.
V o t i n g :9-1*
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., W. H. Kitchin, III, Mayor J. Henry
McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
Reba S. McC]anan
Council Members Absent:
Patrick L. Standing
*VERBAL VOTE DUE TO VOTING MACHINE FAILURE
CIIAI,Ti@ 3i,
(A) A,@ID (r) A@,,-D %@)D A
Tl',17,RI,TO OF Ttil," OF T; (,'I'FY OF
1) f S l'O SAL,
BE IT ORDAINED BY TtiF COU,@CIL OF THI,- CITY OF, VIR'@,'--!@'@A 13E@Icti, VIIGI;qlA:
That Chapter 31, Sectioii 31-61(a) (1)) and (c) ai(@ iiiiliided and i-eor-
dained @is follows:
Sectio;i 31-61 '- Use -ilarp
I CS
(a) There sliall b@ a fee of siy dollars and severit,.,-
Ive c(,@ , (.$6.75) per ton, or a two dollar ($2.00) minmum cliar(-@e for less tlla!i
one ton, or any part thereo@@, for all sanitary solid %@aste, refuse, dcbi-ir, ol-
bage geyierated solely ijitiin tlie CiLy @iiid (lepositecl at tie city refuse.
disposal areas; provided, however, tliat residents of tlie cit3, deposi-tiiig sarilary
solid %;,iste, refusc, del)ris of pilrl)age geiierated solely froin Llielr liouse@iiold P..Iy
depos'@L tlie sanic free of clkarge.
(b) Thcre shall be a fec of seveiity-@@ive cciils ($0.75) p:!r tire for clitt Tnj,
!rE!s at tiie city refuse di.,;Fosal. arl@is, or difT',,)7in- ci- it
d disp,,sin, of
(-,xe refiise ti-ansfer stations ol)crited by tlie (,itY (If kir.@inia BL@C-1---
(c) There shall be a fee of six dollars ($6.00) Perton for all
__s@,nitirv
statior.s
is in addition to the landfil1
doll.@-@ nd a Pro,,ided i@,
raph-(a) above.
This Ordinance sl,.all be effective on and after Llie date of its adoption.
First 10 May 1982
Second Rcad;-n,-
Adopted by tlie Couticil f tile City of Vir@.ini@i Be;icli, Virg,,*n it, oq tlie
I;iy of 198'
- 6 2 -
ITEM II-I.l.c ITEM #18187
Upon motion by Councilman Ervin, seconded by Vice Mayor Heischober,
City Council voted to uphold the recommendation of the City Manager
and APPROVE ON FIRST READING the Ordinance establishing the tax
levy on personal property and machinery and tools for the calendar
year 1983, with a revision in the Mobile Home rates to 80-cents.
Voting: 10-0*
Council Members Voting Aye:
John A. Saum, E. T. Buchanan, 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., and Meyera E.
Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Patrick L. Standing
*VERBAL VOTE DUE TO VOTING MACHINE FAILURE
5/1 O/ 8 2
6 3 -
AN ORDINANCE ESTABLISHING THE TAX LEVY ON
PERSONAL PROPERTY AND 14ACHINERY AIND TOOLS
FOR THE CALENDAR YEAR 1983.
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
Section 1. AMOUNT OF LEVY ON TANGIBLE PERSONAL PROPERTY.
There shall be levied and collected for general purposes for the 1983 calen-
dar year taxes on all tangible personal property, not exempt from taxation and
not otherwise provided for in this Ordinance, at the rate of six dollars ($6) on
each one hundred dollars ($100) of assessed valuation thereof. The rate imposed
by this section shall be applied on the basis of fifty percentum (50%) of the
fair market value of such personal property.
Section 2. AMOUNT OF LEVY ON CERTAIN VEHICLES CLASSIFIED AS PERSONAL PRO-
PERTY USED AS MOBILE HOMES OR OFFICES.
There shall be levied and collected for general purposes for the calendar
year 1983 taxes on all vehicles without motor power as defined in Section 36-71
of the Code of Virginia (1950), as amended, used or designated to be used as
mobile homes or offices or for other means of habitation by any person, a rate of
seventy-t%io e ) eighty cents ($.80) on each one hundred dollars ($100)
of assessed valuation thereof. The personal property rates which have been pre-
scribed in this section shall be applied on the basis of one hundred percentum of
the fair market value of such personal property.
Section 3. AMOUNT OF LEVY ON ALL BOATS OR WATERCRAFT UNDER FIVE TONS
BURTHEN USED FOR BUSINESS OR PLEASURE.
There shall be levied and collected for the calendar year 1983 for general
purposes taxes on all boats or watercraft under five tons burthen sed f,r b,si-
ness or pleasure, at the rate of six dollars ($6) on each o,e hundr,d d,llars
($100) of assessed valuation thereof. The rate imposed by this section shall be
on the basis of fifty percentum (50%) of the fair market value of such personal
property.
Page I
4
"ectic,n 4. OF LFVY 'N "CI'FTIFIFI) P@@LT,I!'I'TO"' Ct)@ITPOl,
FACTLTTIES" CLASSIFIED AS TANGIBLE PERSONAI, PROPERTY.
There shall be levied and collected for the calendar year 1983 for general
purposes taxes on all tangible personal property certified by the Commonwealth of
Virginia, as "Pollution Control Equipment and Facilities" not exempt from taxa-
tion, at the rate of six dollars ($6) on each one hundred dollars ($100) of
assessed valuation thereof. The rate imposed by this section shall be aoplied on
the basis of fifty percenlum (50%) of Llie fair inarket value of such personal
property.
Section 5. AMOUNT OF LEVY ON FARM MACHINERY AND IMPLEMENTS, FARM TOOLS, AND
FARM LIVESTOCK, INCLUDING ALL HORSES, POULTRY, AND GRAINS AND FEEDS USED FOR THE
NURTURE OF FARM LIVESTOCK AND POULTRY.
There shall be levied and collected for general purposes for the 1983 calen-
dar year, taxes on all farm machinery and implements, farm tools, and farm live-
stock, including all horses, poultry, and grains and feeds used for the nurture
of farm livestock and poultry, not exempt from taxation, at the rate of one
dollar ($l) on each one hundred dollars ($100) of assessed valuation thereof.
The rate imposed by this section shall be applied on the basis of fifty percentum
(50%) of the fair market value of such personal property.
Section 6. AMOUNT OF LEVY ON MACHINERY AND TOOLS.
There shall be levied and collected for the calendar year 1983 for general
purposes taxes on machinery and tools, not exempt from taxation, at the rate of
one dollar ($I) on each one hundred dollars ($100) of assessed valuation thereof.
The tax imposed by this section shall be applied on the basis of fifty percentum
(50%) of the fair market value of such machinery and tools.
Section 7. CONSTITUTIONALITY.
That if any part or parts, section or sections, sentences, clause or phrase
of this ordinance is for any reason declared to be unconstitutional or invalid,
such decision shall not affect the validity of the remaining portions of this
ordinance.
Section 8.- EFFECTIVE DATE.
This ordinance shall be in effect January 1, 1983.
First Reading: 10 Mav IQ82
Second Reading:
Adopted by the Council of the City of Virginia Beach, Virginia, on the
dav of
1982.
- 6 5 -
ITEM II-I.l.d ITEM #18188
Upon motion by Councilman Holland, seconded by Mayor McCoy, City
Council voted to uphold the recommendation of the City Manager and
APPROVE ON FIRST READING the Ordinance establishing the tax levy on
real estate for tax fiscal year 1983 as revised.
V o t i n g :8-2*
Council Members Voting Aye:
John A. Baum, E. T. Buchanan, F. Reid Ervin, Vice
Mayor Harold Heischober, Barbara M. Henley, Clarence
A. Holland, Mayor J. Henry McCoy, Jr., D.D.S., and
Meyera E. Oberndorf
Council Members Voting Nay:
W. H. Kitchin, III, and Reba S. McC]anan
Council Members Absent:
Patrick L. Standing
*VERBAL VOTE DUE TO VOTING MACHINE FAILURE
- C, 6 -
AN ORDINANCE ESTABLISIIING TIIE TAX LEVY
ON REAL ESTATE FOR TAX FISCAL YEAR 1983
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRCINIA BEACH, VIRGINIA:
Section 1. AMOUNT OF LEVY ON REAL ESTATE.
There shall be levied and collected for fiscal year 1983 taxes for general
purposes on all real estate, not exempt from taxation and not otherwise provided
for in this Ordinance, a rate of sevefi@y--tiie e eighty cents ($.80) on
each one hundred dollars ($100) of assessed valuation thereof. -@he real property
tax rates which have been prescribed in this section shall be applied on the
basis of one hundred percentum of the fair market value of such real property
except for public service real property which shall be on the basis as provided
in Section 58-512.1 of the Code of Virginia, as amended.
Section 2. AMOUNT OF LEVY ON UNEQUALIZED PUBLIC SERVICE REAL ESTATE AS PRO-
VIDED FOR IN SECTION 58-512.1 OF THE CODE OF VIRGINIA (1950), AS AMENDED.
There shall be levied and collected for general purposes for fiscal year 1983
taxes on all Public Service Real Property, which has not been equalized as pro-
vided for in Section 58-512.1, of the Code of Virginia (1950), as amended, on each
one hundred dollars ($100) of assessed valuation thereof at a rate to be dete--
mined in accordance with Section 58-514.2 of the Code of Virginia (1950), as amended.
Section 3. AMOUNT OF LEVY ON "CERTIFIED POLLUTION CONTROL EQUIPMENT AND
FACILITIES" CLASSIFIED AS REAL ESTATE.
There shall be levied and collected for general purposes for fiscal year
1983 taxes on all real estate certified by the Commonwealth of Virginia
as "Pollution Control Equipment and Facilities" not exempt from taxation, a rate
of t@eentg ($.72) eighty cents ($.80) on each one hundred dollars ($100)
of assessed valuation thereof. The real property tax rates imposed in tliis sec-
tion shall be applied on the basis of one hundred percentum of fair market value
of such real property.
Section 4. CONSTITUTIONALITY.
That if any part or parts, section or sections, sentences, clatise or phrase
of this Ordinance is for any reason declared to be unconstitutional or invalid,
Pa-.e I
7 -
such decision shall not affect the validity of the remaining portiol of tliis
Ordinance.
Section 5. EFFECTIVE DATE.
This Ordinance shall be in effect from and after the date of its adoption.
First Reading: 10 May 1982
Second Reading:
Adopted by the Council of the City of Virginia Beach, Virginia, on the
day of 1982.
Page 2
- 68-
ITEM II-I.d.1 ITEM #18189
Upon motion by Councilman Holland, seconded by Councilman Buchanan,
City Council voted to APPROVE ON FIRST READING the Ordinance to
amend and reordain Chapter 35, Section 35-137 of the Code of the
City of Virginia Beach relating to restaurant meal taxes.
Voting: 9-1*
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., and Meyera E. Oberndorf
Council Members Voting Nay:
W. H. Kitchin, III
Council Members Absent:
Patrick L. Standing
*VERBAL VOTE DUE TO VOTING MACHINE FAILURE
A!! 011,Dl@:ANCI,
CHAP'I'ER 35, Sh(;rlo\ 35-13@ cF rill: (,t)E oF
THE CITY OF VIRGIINIA 13EACII l,@':[,ATING TO
RES'FAUR,@'JT I-IEAT, TAYFS
BE IT ORDAINED BY TiiE COUZ,'CIL OF TIIE CIry OF' VII'GINIA El-A-111, VIRGINIA:
I
That Chapter 35, Section 35-137 is liereby amended and reordained
Section 35-137 - -e@,ieli; Iinoiint-
_2E
I
There is hereby imposed and levied on each person a tax equivalent to @x-
five k'5) percent on the total alioulit paid for food, in or from -atiy
restaurant, whetlier prepared in such reSLau,:ant or not an"@ v@lictlier corqttnied o,i
the premises or not. The tax sliall be computcd at a stral-glit si-K46-) five (5)
percent, any fraction of one-lialf or more being treated as one cent.
This Ordlnaiice shall be effective ov, aiid after tlie d,-,Le of its adoption.
First Reading:_ 10 May 1982
Second Reading:
Adopt(@d by the Couiic;il of tlie CiLy of Virginia Beacli, Virliiiia, on tlie
day of 1982.
- 7 0 -
ITEM #18190
The City Manager advised, at the request of Council, that Council
has taken action to restore the recommended cut by the City Manager
of $1.97-Million School Fund of which $1-Million was restored.
Council further increased the Manager's budget by $625,000 to permit
a 21% cost-of-living increase to employees (City) January 1, 1983, in
addition to the 21/2% included in the budget for July 1, 1982.
Fees were increased to increase revenues by $400,000 and the meal tax
was "rolled back" to 5cts plus 4cts State Sales Tax. A real estate tax
levy of 80cts, which is 8cts per $100 increase fron, present year was adopted.
Councilman Buchanan requested the City Manager provide Council with
a letter summarizing his comnients, etc. on the passage of the budget.
The City Manager advised he will provide a letter with his comments
along with comments noting the changes that Council made to the
budget.
A D J 0 U R N M E N T
ITEM II-L.1 ITEM #18191
Upon motion by Councilman Buchanan, City Council adjourned at 7:07 p.m.
Diane M. Hickman, Deputy City Cl r@k
ith, CMC, City C] r@k Mayor J. Henry McCoy, Jr., D.D.S.
City of Virginia Beach,
Virginia
10 May 1982
dmh/asd 5/10/82