HomeMy WebLinkAboutOCTOBER 25, 1982 MINUTES
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"WORLD'S LARGEST RESORT CITY"
CITY COUNCIL
MAYOR LOUIS R. JONES, B.y@id. B.,..gb
VICE-MAYOR BARBARA bt. HENLEY. P..g. B.,..gb
JGIIN A. BAUM, B.,..gb
NANCY A. CREECH. At L.,p
IIAROLD IIE[SCIIOBER, At L.,g,
H. JACK JEVNINGS. JR.. Ly..h.@,. B.@.gh
ROBERT G. ]ONES. At L.,g@
W. Ii. KTTCHIN, til, Vigi.i,, B@.,b
REBA S. M,CLAVAN. P,i@,,@@ A@@@ B.,..gh 212 CITY HALL BI!ILDING
1. HENRY AT@COY, JR.. K@.P-ill@ B-1--gh MUNICIPAL CENTER
MEYERA E. Of3ERNDORF, Ai L.,g@ VIRGINIA BEACH, VIRGINIA 23456
RUTH HODGES SMITH, CMC, Cily Cl@lk (804) 427-430 3
CITY COUNCIL AGENDA
October 25, 1982
ITEM I INFO.@14AL SESSION: 5:30 T-).m.
A. CALL TO ORDER - Mavor Louis R. Jones
B. ROLL CALL OF COUNCIL
C. MOTION TO RECESS INTO INFORTIAL/EXECUTIVE SESSION
D. PRESENTATIOTII/DISCUSSION OF PERTINENT 14ATTERS
1. Matters for discussion by Mayor.
2. Matters for discussion by Council.
E. CITY MANAGER'S ADMINISTRATIVE ITEMS
1. Discussion of Additions to Legislative Package
2. Discussion of CIP and Revenue Sharing Allocation
3. Review of Consent Agenda
ITEM II FORMAL SESSION: 7:00 D.m.
A. INVOCATION: T-7illiam F. Mahon
Pastor
Charity United Methodist Church
B. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UTITITED STATES OF AMERICA
C. ELECTRONIC ROLL CALL OF COUITCIL
D. MINUTES OF PREVIOUS ?IEETIN--:
1. Motion to accept/anprove the Minutes of October 19, 1982.
E. PUBLIC HEARING
1. Beautification Commission's Proposal for use of Old
Incinerator Site for Park
F. CAPITAL IMPROVEMENT PROGRAM/REVENUE SHARING ALLOCATION/
PUBLIC IMPROVEMENT BONDS
1. Resolution approving the projects listed in the Capital
Improvement Program for the Fiscal Years 1982-1983
through 1986-1987.
2. Ordinance, on FIRST READING, authorizing the issuance of
Public Improvement Bonds of the City of Virginia Beach,
Virginia, in the maximum amount of $19,095,000.
3. Ordinance, on FIRST READING, appropriating Six Million
Two Hundred Forty-One Thousand Three Hundred Forty-Six
Dollars ($6,241,346) for various engineering and highway,
building, and parks and recreation projects (Revenue
Sharing Allocation).
G. CONSENT AGENDA
All matters listed under the Consent Agenda are considered in
the ordinary course of business by City Council and will be
enacted by one motion in the form listed. There will be no
separate discussion of these items. If discussion is desired,
that item will be removed from the Consent Agenda and considered
separately.
1. Resolution honoring Effie Leigh Capps Munden.
2. Ordinance, on FIRST READING, to appropriate funds of
$795,000 to the Water and Sewer Captial Projects Fund
for the connection of County and Kempsville Utility
Systems to the Hampton Roads Sanitation District
System.
3. Appointment of Viewers in the petition of Peter J.
Gualeni and Joseph J. Gualeni for the closure of a
portion of an alley in the Lynnhaven Borough.
4. Raffle permits:
Auxiliary to virqinia Beach General Hospital
Choir #2 of Morning Star Baptist Church
H. PLANNING ITEMS
1. Ordinance to amend and reordain Article 4, Section 401(b)
of the Comprehensive Zoning Ordinance pertaining to use
regulations for roadside stands in the Agricultural
Districts.
a. Letter from the City Manager transmits the
recommendation of the Planning Commission
for denial.
2. Ordinance to amend and reordain Article 2, Section 203(c)
of the Comprehensive Zoning ordinance pertaining to off-
street parking requirements for commercial vehicles.
a. Letter from the City Manager transmits the
recommendation of the Planning Conunission
for denial.
H. PLANNING ITEMS (Cont'd)
3. Ordinance to amend the Master Street and Highway Plan
dated December 16, 1974 (Donna Boulevard).
a. Letter from the City Manager transmits the
recommendation of the Planning Cormnission
for approval.
4. Ordinance upon petition of Barry Thomas Watts and
Kathy Diane Hatten Watts for the closure of a portion
of Alabama Avenue (formerly known as 29th Street)
(Princess Anne Borough).
a. Letter from the City Manager transmits the
recommendation of the Planning Conunission
and the Viewers for approval.
5. Ordinance upon petition of J. Parks Atkinson for the
closure of the western 130.69 feet of "B" Street
(Lynnhaven Borough). (This matter was deferred until
today on September 27, 1982, at the request of the
applicant.)
a. Letter from the City Manager transmits the
recommendation of the Planning Commission
and the Viewers for approval.
I. ORDINANCES - CODE AMENDMENTS
1. ordinance to amend and reordain Section 2-208(c) of
the Code of the City of Virginia Beach related to
the approval and disbursement of expenditures for
capital facilities.
2. Ordinance to amend and reordain Section 35-37 of the
Code of the City of Virginia Beach pertaining to
delinquent real estate taxes;
AND,
an Ordinance to amend and reordain Section 35-6 of
the Code of the City of Virginia Beach pertaining
to delinquent personal property taxes.
3. Ordinance to amend and reordain Section 2-20 of the
Code of the City of Virginia Beach, Virginia, related
to regular meetings generally, when and where held;
AND,
an Ordinance to repeal Section 2-57 of the Code of
the City of Virginia Beach, Virginia, relating to the
calendar and docket of business before the Council.
J. UNFINISHED BUSINESS
K. NEW BUSINESS
L. RECESS FOR EVALUATION OF COUNCIL APPOINTEES
1. Motion to recess into Executive Session.
M. ADJOURNMENT
1. Motion to adjourn.
M I N U T E 8
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
25 October 1982
The Regular Meeting of the Council of the City of Virginia
Beach, Virginia, was called to order by Mayor Louis R.
Jones, in the Conference Room, City Hall Building, on Monday,
25 October 1982, at Five-Thirty in the evening.
Council Members Present:
John A. Baum, Nancy A. Creech, Harold Heischober,
Vice Mayor Barbara M. Henley, H. Jack Jennings,
Jr., Mayor Louis R. Jones, Robert G. Jones, W. H.
Kitchin, III, Reba S. McClanan, J. Henry McCoy,
Jr., D.D.S., and Meyera E. Oberndorf
Council Members Absent:
None
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ITEM #18920
Mayor Jones entertained a motion to permit Council to conduct
its INFORMAL SESSIto be followed by an EXECUTIVE SESSION
pursuant to the exemptions from opening meetings allowed by
Section 2.1-344 Code of Virginia, as amended, for the
following purposes:
1. PERSONNEL MATTERS: Discussion or consideration
of employment, assignment, appointment, promotion,
performance, demotion, salaries, disciplining or
resignation of public officers, appointees or
employees.
2. PUBLIC FUNDS INVESTMENT: The investing of public
funds where competition or bargaining is involved,
where if made public initially the financial
interest of the governmental unit would be adversely
affected.
3. LEGAL MATTERS: Consultation with legal Counsel or
briefings by staff members, consultants or attorneys,
pertaining to actual or potential litigation, or
other legal matters within the jurisdiction of the
public body.
Upon motion by Councilman Baum, seconded by Councilman Jones,
City Council voted to proceed into the EXECUTIVE SESSION
following the INFORMAL SESSION.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober,
Vice Mayor Barbara M. Henley, H. Jack Jennings,
Jr., Mayor Louis R. Jones, Robert G. Jones, W. H.
Kitchin, III, Reba S. McClanan, J. Henry McCoy,
Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
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M A T T E R S B Y T H E M A Y 0 R
HAPPY BIRTHDAY ITEM #18921
Mayor Jones advised the Council and citizens that today
(October 25, 1982), was Councilwoman McClanan's birthday.
M A T T E R S B Y C 0 U N C I L M E M B E R S
BORROW PIT ITEM #18922
Vice Mayor Henley advised Council that during last week's
INFORMAL SESSION a discussion was held regarding the
request of Robert H. Braithwaite for reconsideration of
his application for a Conditional Use Permit for a landfill
approved by Council on January 18, 1982.
Vice Mayor Henley noted that Mr. Braithwaite's concern is
with stipulation number five (5):
"The use of organic materials such as wood,
brush, shrubs, trees, paper, cardboard, ash
and hazardous wastes shall be prohibited."
Vice Mayor Henley advised she met with Mr. Braithwaite
and was informed stipulation number five (5) was placing
an economic hardship upon their business.
Vice Mayor Henley requested this matter be placed on the
FORMAL AGENDA under UNFINISHED BUSINESS for a vote to
rehear the application.
Councilman Heischober suggested Council invite Commander
Curtin, NAS Oceana, to speak on this matter.
INCINERATOR SITE ITEM #19823
Councilman Jennings advised that today (October 25, 1982),
Council would be hearing a presentation concerning the
Incinerator Site on Laskin Road and hoped a motion would
be forthcoming to resolve this matter.
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TRICK-OR-TREAT ITEM #18924
Councilman Jennings advised Council of a Resolution being
presented during the FORMAL SESSION under UNFINISHED
BUSINESS:
R E S 0 L U T I 0 N
WHEREAS, observance of Halloween occurs on
Sunday evening this year; and,
WHEREAS, this day is commonly observed as a
basic day of rest and relaxation in the Community; and,
THEREFORE, BE IT RESOLVED BY THE COUNCIL OF
THE CITY OF VIRGINIA BEACH, VIRGINIA:
THAT the general public is encouraged to
observe Saturday evening preceding the day of Halloween
as the time to recognize this time of year and the
festivities that are associated therewith.
RATE INCREASE ITEM #18925
Councilwoman McClanan advised she will present a Resolution
in the FORMAL SESSION under NEW BUSINESS requesting the
City of Virginia Beach oppose the request of Continental
Telephone Company of Virginia for an increase in rates and
charges of $10,572,088.00.
DELINQUENT TAX ITEM #18926
Councilwoman McClanan advised Council of a letter she
presented to Council requesting the following wording
be inserted in Ordinances to amend 35-6 and 35737 of
the City Code:
"Prior to the initiation of any legal
proceedings hereunder, and no more than
sixty (60) days and no less than thirty
(30) days prior to the initiation of any
legal proceedings hereunder, notice shall
be mailed to the said taxpayer at his last
known address as listed in the tax records
of the City and to the current address, if
different from the aforesaid, as listed in
the current telephone directory."
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Councilman Jones requested an additional change in the
Ordinances to read as follows:
"...commencing on the first day following
the day such taxes were due, at the rate
of nine and six-tenths (9.6) percent per
annum during the first year such taxes
are delinquent, and thereafter at the rate
of tweRty-@204-pereent eighteen (18) percent
per annum."
ROADSIDE STANDS ITEM #18927
Councilwoman McClanan advised two gentlemen will be speaking
on the Ordinance to amend and reordain Article 4, Section
401(b) of the Comprehensive Zoning Ordinance pertaining to
use regulations for roadside stands in the Agricultural
Districts:
Charles C. Mayes, Supervisor, Market Development
State Department of Agriculture
Steve Barnes
FOX RUN CANAL ITEM #18928
Councilwoman Oberndorf advised Council of a letter received
today (October 25, 1982), dated November 28, 1929) from
David M. Grochmal to Mr. Vander concerning the Fox Run
Canal.
Councilwoman Oberndorf read an excerpt from the letter:
"Also as an immediate aid to the area we
plan to install an additional culvert
across Providence Road which will improve
the presently restricted flow at this
crossing. It is anticipated that this
improvement can be completed by the
summer of 1980.11
Councilwoman Oberndorf advised the residents in the area
wish to have a "one time shot" to help them slope the
banks and clean out debris, etc., after which the residents
will maintain the Canal themselves.
The City Manager is to prepare an approximate cost of
sloping the ditch and cleaning out the debris and report
the costs to Council.
ITEM #18929
Kings Point Ditch was referenced in the discussion of the
Fox Run Canal.
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CHANGING COUNCIL DAY ITEM #18930
Councilwoman Creech advised that in view of the significance
and complexity of the decisions which Council is called upon
to make each week it appears that the present sequential
arrangement of the Agenda for each Council meeting frequently
allows insufficient time for an indepth study and evaluation
as well as research we, as conscientious Council Members,
might wish to make. Having requested that consideration be
given to a change in the present meeting date from Monday to
Tuesday and such a revision may impact persons other than
Council itself I felt it incumbent upon me to research as
thoroughly as possible the consequences this effort might
have. Detailing the advantages, it appears such a change
will allow:
1. Additional time for consultation with
Staff during regular working hours
where back-up files are available as
needed
2. Increase opportunity to reach citizens
for input on upcoming Agenda items
3. A greater degree of flexibility and
convenience for those citizens who
have advised me that notification of
Agenda Items in Sunday's BEACON often
does not allow sufficient time to re-
arrange their personal schedule in order
to attend the Council meeting the following
day. This same advantage would include civic
groups and organizations who might wish to
alert their members to Agenda Items of
particular interest and concern
4. Alleviation of pressure felt by Council
Members attending to individual personal
or business affairs which may require a
weekend or immediate first of the week
attention
5. Elimination of the confusion and adjustment
necessary for citizens, Council and staff
when Council meetings must be cancelled or
rearranged due to holidays which fall on a
Monday
JLARC STUDY ITEM #18931
Councilman Jones advised the JLARC Study on Highway Allocation
Construction Funds is moving along rapidly. Although the
Allocation Formula is 50/25/25 the City only receives funds
from the last 25%. There is an enormous "gap" between
allocations and expenditures and the highest gap is in the
City's 25%. There will be a briefing on November 8, 1982.
10 25 82
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C I T Y M A N A G E R ' S A D M I N I S T R A T I V E I T E M S
LEGISLATIVE PACKAGE ITEM #18932
The City Manager advised last week (October 18, 1982), the
Legislative Package was presented to Council for their
review and consideration. The Staff is prepared to answer
any questions the Council may have concerning this Package.
Councilwoman Oberndorf advised she received a telephone call
from Mr. Edmund J. Conway who was concerned about the proposal
to increase the across-the-board retail sales tax as the tax
is also charged to grocery store items which affect the
elderly.
Councilwoman Oberndorf noted that there has been some
publicity in the press regarding Senator Canada's
proposal for Direct Election of a Mayor and advised
Councilman Jennings was serving on that Committee and
requested Councilman Jennings present Council the
proposal of Senator Canada's to permit them to "decide
if this matter is palatable".
Councilman Jennings advised Council he had a copy of Senator
Canada's legislative proposal on the Direct Election of the
Mayor and requested the City Manager duplicate the proposal
for presentation to Council Members.
Councilwoman Oberndorf advised that in the last Legislative
Package there was a proposal for the direct election of the
School Board with powers of taxation and would like Council
to consider placing this matter in the present Package.
Councilman Jennings advised he has some misgivings on the
additional one (1) percent Sales Tax and he will have to
be "sold a little bit more on the reasons for that being
included in the Legislative Package".
CAPITAL IMPROVEMENTS ITEM #18933
The City Manager referenced the proposed Resolutions and
Ordinances on the Capital Improvements Program, Public
Improvement Bonds and Revenue Sharing Allocations.
This matter will be on the FORMAL AGENDA.
1 0 2 5 8 2
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EXPLANATION ITEM #18934
Councilwoman Oberndorf complimented the City Manager and
his Staff on the explanation and documentation of the
Capital Improvements Program and requested when scheduling
workshops for the Capital Improvements Program would it
be possible to schedule workshops for the proposed
Legislative Package.
BOND MARKET ITEM #18935
Councilman Heischober asked the City Manager "when are you
looking for the window in the Bond Market for 1982?"
The City Manager advised "we have been trying to predict that
for some time and I understand Chesapeake went to the Bond
Market last week and was looking at 7.38% or 7.83%. We're
really trying our best to encourage some time shortly after
the election".
City Council recessed into EXECUTIVE SESSION, (6:45 p.m.)
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F 0 R M A L S E S S I 0 N
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
25 October 1982
7:20 p.m.
Council Members Present:
John A. Baum, Nancy A. Creech, Harold Heischober,
Vice Mayor Barbara M. Henley, H. Jack Jennings,
Jr., Mayor Louis R. Jones, Robert G. Jones, W. H.
Kitchin, III, Reba S. McClanan, J. Henry McCoy,
Jr., D.D.S., and Meyera E. Oberndorf
Council Members Absent:
None
INVOCATION: William F. Mahon
Pastor
Charity United Methodist Church
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
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M I N U T E S
ITEM II-D.1 ITEM #18936
Upon motion by Councilman Baum, seconded by Vice Mayor
Henley, City Council voted to APPROVE the Minutes of
the Regular Meeting of October 18, 1982.
Voti ng : 1 1 - 0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober,
Vice Mayor Barbara M. Henley, H. Jack Jennings,
Jr., Mayor Louis R. Jones, Robert G. Jones, W. H.
Kitchin, III, Reba S. McClanan, J. Henry McCoy,
Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
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P U B L I C H E A R I N G
ITEM II-E.1 ITEM #18937
Mayor Jones opened the Public Hearing on the Beautification
Commission's Proposal for use of the Old Incinerator Site as a
Park.
Dr. Charles Elstrodt@, President, Virginia Beach Beautification
Commission, represeilting the Commission, ten (10) area civic
leagues and a portion of the Virginia Beach Soccor League,
requested dedication of the Old Incinerator Site on Laskin
Road as a municipal landscaped garden park.
Mr. B. H. Bridges, Architect and Vice President of the
Virginia Beach Beautification Commission presented proposed
plans for the Park.
Sam Houston spoke in favor of the proposal.
Upon motion by Councilwoman Oberndorf, seconded by Councilman
Jennings, City Council ADOPTED the following motion:
"The City of Virginia Beach develop and
utilize the Laskin Road Incinerator Site
as a well-landscaped public garden and
outdoor recreational facility similar to
the preliminary plan prepared by the
Virginia Beach Beautification Commission
dated September 1982 and that a Committee
of citizens be appointed to oversee the
development of the Site."
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober,
Vice Mayor Barbara M. Henley, H. Jack Jennings,
Jr., Mayor Louis R. Jones, Robert G. Jones, W. H.
Kitchin, Ill, Reba S. McClanan, J. Henry McCoy,
Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
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C A P I T A L I M P R 0 V E M E N T P R 0 G R A M
REVENUE SHARING ALLOCATION/PUBLIC IMPROVEMENT BONDS
ITEM II-F.1 ITEM #18938
Mr. William H. Ingle, resident of Bellamy Manor, requested
Ferrell Parkway be constructed prior to improvements to
Providence Road
Vic Johnson, resident on Charlestown Drive, requested
Ferrell Parkway be constructed prior to improvements
to Providence Road
Wally Sayko, resident on Michaux Court, requested Ferrell
Parkway be constructed prior to improvements to Providence
Road
Councilman Jennings made a motion, seconded by Councilwoman
McClanan to DEFER FOR TWO WEEKS the Resolution approving the
projects listed in the Capital Improvement Program for the
Fiscal Years 1982-1983 through 1986-1987 to allow workshops
for study, discussions, deletions, revisions, etc.
Councilman Heischober offered a SUBSTITUTE MOTION motion,
seconded by Councilwoman Creech, to hold workshops and
DEFER UNTIL WORKSHOPS ARE COMPLETED the following:
Resolution approving the projects listed
in the Capital Improvement Program for
the Fiscal Years 1982-1983 through
1986-1987.
Ordinance authorizing the issuance of
Public Improvements of the City of
Virginia Beach, Virginia, in the maximum
amount of $19,095,000.
Ordinance appropriating Six Million Two
Hundred Forty-One Thousand Three Hundred
Forty-Six Dollars ($6,241,346) for various
engineering and highway, building, and
parks and recreation projects, (Revenue
Sharing Allocation).
Councilman Baum requested information on why Sandbridge
was moved forward on the priority list and if it is a
health problem what is the nature of that problem.
Voting: 11-0
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Council Members Voting Aye: (for deferral)
John A. Baum, Nancy A. Creech, Harold Heischober,
Vice Mayor Barbara M. Henley, H. Jack Jennings,
Jr., Mayor Louis R. Jones, Robert G. Jones, W. H.
Kitchin, III, Reba S. McClanan, i'Henry McCoy,
Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
14 -
A RESOLUTION APPROVING THE PROJECTS
LISTED IN THE CAPITAL IMPROVEMENT
PROGRAM FOR THE FISCAL YEARS 1982-1983
THROUGH 1986-1987
WIEREAS, the City Manager on October 4, 1982 presented
to City Council the Capital Improvement Program for fiscal
years 1982-1983 through 1986-1987, and
WHEREAS, a public hearing on this document was held by
City Council on October 18, 1982, and
WHEREAS, Council has determined the need for these projects,
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH that the projects for the construction of,
or additions to capital facilities listed in the CIP for
1982-83 through 1986-1987 are hereby approved as capital projects.
Be it further resolved that the projects shall be financed
from funds to be provided periodically by City Council.
Adopted:
DEFERRED: October 25, 1982
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AN ORDINANCE AUTHORIZING THE ISSUANCE
OF PUBLIC IMPROVEMENT BONDS OF THE
CITY OF VIRGINIA BEACH, VIRGINIA,
IN THE MAXIMUM AMOUNT OF 19,095,000
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA:
1. It is hereby determined to be necessary and expedient for
the City of Virginia Beach, Virginia (the City), to borrow money
to finance construction of and improvements to various public
facilities, all of which will promote the development and public
welfare of the City, and to issue the City's general obligation
bonds therefor.
2. Pursuant to the authority of the City Charter and the
PubliC Finance Act, as amended, there are hereby authorized to be
issued public improvements bonds of the City in the maximum
amount of Nineteen Million Ninety-Five Thousand Dollars
($19,095,000) to provide funds, together with the available
funds, for the following purposes:
School projects, including planning,
site acquisition and improvement,
construction, enlargement, renovation
and equipping of schools and related
facilities $6,706,755
Parks and recreation projects, including
planning, site acquisition and develop-
ment of new parks 691,216
Engineering and highway projects, includ-
ing right-of-way acquisition, improve-
ment and extension of streets and
highways and studies, design and
construction of drainage systems 8,261,020
Building projects, including planning,
site improvements, construction,
enlargement, renovation and equipping
of various municipal buildings and
facilities, including pavilion, police
precinct office, landfill expansion,
bus garage and office, annimal control
incinerator, energy conservation program,
health department and community college 3,436,009
TOTAL $19,095,000
Any amounts not needed for any of such purposes may be used for
any other of such purposes.
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3. The bonds shall bear such date or dates, mature at such
time or times not exceeding forty years from their dates, bear
interest at such rate or rates not exceeding the maximum rate
permitted by law at the time the bonds are sold, be in such
denomination and form, be executed in such manner and sold at
such time or times and in such manner, including the sale of the
same as one or more separate issues or in combination with the
sale of general obligation bonds heretofore or hereafter
authorized for similar or other purposes, as the Council shall
hereafter provide by appropriate resolution or resolutions.
4. The bonds shall be general obligations of the City for
the payment of principal of and interest on which its full faith
and credit shall be irrevocably pledged.
5. This ordinance shall take effect immediately.
Approved October 1982.
By
Mayor
FIRST READING
SECOND READING
The undersigned Clerk of the City of Virginia Beach,
Virginia, hereby certifies that the foregoing constitutes a true
and correct extract from the minutes of a regular meeting of the
Council of the City of Virginia Beach held on the day of
October, 1982, and the whole thereof so far as applicable to the
matters referred to in such extract.
WITNESS my signature and the seal of the City of Virginia
Beach, Virginia, this day of October, 1982.
Clerk, City of Virginia
Beach, Virginia
10/20/82
JDB
DEFERRED: October 25, 1982
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- 1 7 -
AN ORDINANCE APPROPRIATING SIX MILLION
TWO HUNDRED FORTY-ONE THOUSAND THREE
HUNDRED FORTY-SIX DOLLARS ($6,241,346)
FOR VARIOUS ENGINEERING AND HIGHWAY,
BUILDING, AND PARKS AND RECREATION
PROJECTS (REVENUE SHARING ALLOCATION)
WHEREAS, City Council desires to provide needed engineering
and highway, building, and parks and recreation projects for
the citizens of Virginia Beach, and
WHEREAS, it is anticipated that the city will receive @-rom
Federal Revenue Sharing $6,241,346 in the fourteenth entitlement
Deriod.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH:
That @lunds to be made available under the Revenue Sharing
Program (State and Local Fiscal Assistance Act 0-@ 1973 amended)
for the period Octcber 1, 1-982 through September 30, 1983 be
approuriated for the purposes as indicated below:
Engineering and Highway $4,962,683
Buildinqs 746,563
Parks and Recreation 532,100
Total $6,241,346
This ordinance shall be in effect from the date of its
adoption.
Adopted by the Council of the City of Virginia Beach,
Virginia on the day of
FIRST READING:
SECOND READING:
DEFERRED: October 25, 1982
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C 0 N S E N T A G E N D A
ITEM II-G ITEM #18939
Upon motion by Councilman McCoy, seconded by Vice Mayor
Henley, City Council voted to uphold the recommendation
of the City Manager and ADOPT the CONSENT AGENDA by ONE
MOTION.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober,
Vice Mayor Barbara M. Henley, H. Jack Jennings,
Jr., Mayor Louis R. Jones, Robert G. Jones, W. H.
Kitchin, III, Reba S. McClanan, J. Henry McCoy,
Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
- 1 9 -
ITEM II-G.1 ITEM #18940
Upon motion by Councilman McCoy, seconded by Vice Mayor
Henley, City Council voted to ADOPT the Resolution
honoring EFFIE LEIGH CAPPS MUNDEN who will be celebrating
her 100th birthday on October 30, 1982.
Voti ng : 1 1 - 0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober,
Vice Mayor Barbara M. Henley, H. Jack Jennings,
Jr., Mayor Louis R. Jones, Robert G. Jones, W. H.
Kitchin, III, Reba S. McClanan, J. Henry McCoy,
Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
- 20 -
RESOLUTION
HONORING
EFFIE LEIGH CAPPS MUNDEN
WHEREAS, EFFIE LEIGH CAPPS was born October 30, 1882, the eldest
of three daughters to Ovanda and Clara Moore Capps, at Pleasant Ridge
in Princess Anne Oounty;
WHEREAS, Effie completed elementary and high school, she taught
for several years in a private school near her home and in 1905, after
successfully completing the entrance exam, she attended su=er school
at the University of Virginia. In the Fall, she began teaching in the
Princess Anne County public schools where she remained seven years.
She also attended Harrisonburg State Normal School, now known as James
Madison University;
WHEREAS, on June 24, 1914, Effie Leigh Capps married A. S. Munden
in Norfolk and thereafter returned to Pleasant Ridge where she has
resided for sixty-eight years. A. S. and Effie Munden had one son,
two grandchildren and two great grandchildren who have brought her
much joy, especially during her thirty years as a widow;
WHEREAS, good health and a busy life have contributed to her
longevity, keen mind and pleasant memories, she attributes all her
success to a close relationship with God and being active in her
church and community. At the early age of ten years in 1892, Effie
became a member of Charity United Methodist Church. She has served as
a teacher in the Sunday School and been actively engaged with the
United Methodist Women. Her talents are still in dernand for handwork,
crafts and reading; and,
WHEREAS, Effie Capps Munden is a modest, qracious southern lady
whose ONE HUNDREDTH Birthday is October 30, 1982:
NOW, THEREFORE, BE IT RESOLVED: That the Mayor and Members of
the Virginia Beach City Council recognize and pay tribute to EFFIE
CAPPS MUNDEN as a distinguished citizen and hereby express honor and
respect in extending "Best Wishes" for her ONE HUNDREDTH BIRTHDAY.
BE IT FURTHER RESOLVED, that the City Clerk is instructed to
deliver a framed Resolution to Mrs. Munden with a copy to be spread
upon the minutes of this regular Formal Session of the Virginia Beach
City Council this Twenty-Fifth day of October, Nineteen Hundred and
Eighty-Two.
Given under my hand and seal this Twenty-
Fifth day of October, Nineteen Hundred
and Eighty-Two.
Mayor
- 2 1 -
ITEM II-G.2 ITEM #18941
Upon motion by Councilman McCoy, seconded by Vice Mayor
Henley, City Council voted to uphold the recommendation
of the City Manager and APPROVE ON FIRST READING the
Ordinance to appropriate funds of $795,000 to the Water
and Sewer Capital Projects Fund for the connection of
County and Kempsville Utility Systems to the Hampton Roads
Sanitation District System.
Voting: 1 1 - 0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober,
Vice Mayor Barbara M. Henley, H. Jack Jennings,
Jr., Mayor Louis R. Jones, Robert G. Jones, W. H.
Kitchin, III, Reba S. McClanan, J. Henry McCoy,
Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
- 2 2 -
AN ORDINANCE TO APPROPRIATE FUNDS OF
$795,000 TO THE WATER AND SEWER CAPITAL
PROJECTS FUND FOR THE CONNECTION OF
COUNTY AND KATSVILLE UTILITY SYSTEMS
TO THE HAMPTON ROADS SANITATION DISTRICT
SYSTEM
WHEREAS, on June 29, 1982, City Council authorized the
purchase of the County and Kempsville Utility Systems and
indicated its desire to integrate these systems with the
city's sewer system and to connect to HRSD, and
WHEREAS, the construction of two sewage pump stations
and two force mains are necessary to connect these systems
to HRSD, and
WHEREAS, the cost of engineering and construction to
complete this work is estimated at $795,000,and
WHEREAS, this project is included in the FY 83-87 Capital
Improvement Program as project 6-924 to be funded from general
appropriation in the 1983 fiscal year.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE
CITY OF VIRGINIA BEACH that funds of $795,000 be appropriated
from Water and Sewer Retained Earnings to the Water aud Sewer
Capital Projects Fund for the engineering and construction work
necessary to tie the former County and Kempsville Utility
Systems to HRSD.
This ordinance shall be effective from the date of its
adoption.
Adopted by the Council of the City of Virginia Beach, Virginia
on the day of 1982.
FIRST READING: October 25, 1982
SECOND READING:
- 2 3 -
ITEM 11-G.3 ITEM #18942
Upon motion by Councilman McCOY, seconded by Vice Mayor
Henley, City Council voted to uphold the recommendation
of the City Manager and APPROVE the appointment of
Viewers in the petition of Peter J. Gualeni and Joseph
J. Gualeni for the closure of a portion of an alley, in
the Lynnhaven Borough.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Nanc'y A. Creech, Harold Heischober,
Vice Mayor Barbara M. Henley, H. Jack dennings,
Jr., Mayor Louis R. Jones, Robert G. Jones, W. H.
Kitchin, III, Reba S. McClanan, J. Henry McCoy,
Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
2 4-
ORDINANCE APPOINTING VIEWERS
WHEREAS, Peter J. Gualeni and Joseph J. Gualeni have
given due and proper notice, in accordance with the statutes
for such cases made and provided that they will on the 25th
day of October, 1982, apply to the City Council of the City of
Virginia Beach, Virginia, for the appointment of Viewers to
view the below-described property and report in writing to the
Council whether, in the opinion of said Viewers, any, and if
any, what inconvenience would result from the discontinuance of
the hereinafter described portion of that certain street of
variable width, and has filed such application with said Council.
NOW, THEREFORE, be it ORDAINED by the Council of the
City of Virginia Beach, Virginia:
THAT C. Oral Lambert
David M. Grochmal and
Robert J..Scott are hereby,
appointed to view the below described property and report in
wr iting to the Council on or before
whether in their opinion, any, and if any, what inconvenience
would result in the discontinuing 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:
The westerrunost portion of the alley located
in Block 3, Plat of Property of the Atlantic
Investment Company, recorded in the Clerk's
Officp of the Circuit Court of the City of
Virginia Beach, Virginia, in Map Book 55,
page 33, beginning at a point in the southern
right of way line of the aforesaid alley where
it intersects with the northwest corner of
Lot 2, in Block 3, on the aforesaid plat of
the Property of the Atlaintic Investment Company,
IS D. KALEZIS said point of beginning being 141.18 feet
ZNEY AT LAW north of 17th Street, 60' (R/W), as measured
along the western boundary line of said Lot 2,
in Block 3, on the aforesaid plat, and from
said point of beginning thence running
N 05* 30' E for a distance of 20.17 feet to a
point; thence running in an easterly direction
along the southern boundary line of Lots 30,
29 and 28, in Block 3, on the aforesaid plat of
2 5 -
property of the Atlantice Investment Company
N 881 O@' 3-9" E for a distance of 90.60 feet
to a point; thence running in a southerly
direction S 01@ 54' 25" E for a distance of
20.00 feet to a point in the northeast corner
of Lot 5 in Block 3, on the aforesaid plat of
Property of the Atlantic Investment Company;
thence running in a westerly direction along
the northern boundary line of Lots 5, 4, 3
and 2, in Block 3, on the aforesaid plat of
Property of Atlantic Investment Company
S 88@ 05' 35" W for a distance of 93.20 feet
to a point, the point of beginning.
All the above, as shown upon that certain plat entitled
"Plan of Property Proposed Alley Closure Being the Western Most
Portion of the Alley Located in Block 3 Plat of Atlantic Invest-
ment Company M. B. 55 P. 33 Lynnhaven Borough Virginia Beach,
Virginia", dated September 15, 1982, made by Gallup Surveyors &
Engineers, Ltd.
IIS D. KALEZIS
,RNEY AT LAW
[k.h, Vi@,i@i. 2:95.5
- 2 6 -
ITEM II-G.4 ITEM #18943
Upon motion by Councilman McCoy, seconded by Vice Mayor
Henley, City Council voted to uphold the recommendation
of the City Manager and APPROVE the following Raffle
Permits:
Auxiliary to Virginia Beach General Hospital
Choir #2 of Morning Star Baptist Church
V 0 t i n g1 1 - 0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober,
Vice Mayor Barbara M. Henley, H. Jack Jennings,
Jr., Mayor Louis R. Jones, Robert G. Jones, W. H.
Kitchin, Ill, Reba S. McClanan, J. Henry McCoy,
Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
- 2 7 -
P L A N N I N G A G E N D A
ITEM II-H.1 ITEM #18944
The following spoke on the proposed Ordinance:
Steve Barnes, Grain Farmer
John Cromwell, Bay Springs Farms
Don Horsley, President, Virginia Beach
Farm Bureau
Charles C. Mayes, Supervisor, Market
Development, State Department of
Agriculture
Upon motion by Councilwoman McClanan, seconded by Councilwoman
Oberndorf, City Council voted to DEFER TWO WEEKS (November 8,
1982), the Ordinance to amend and reordain Article 4, Section
401(b) of the Comprehensive Zoning Ordinance pertaining to use
regulations for roadside stands in the agricultural district.
Voting: 11-0
Council Members Voting Aye: (for deferral)
John A. Baum, Nancy A. Creech, Harold Heischober,
Vice Mayor Barbara M. Henley, H. Jack Jennings,
Jr., Mayor Louis R. Jones, Robert G. Jones, W. H.
Kitchin, III, Reba S. McClanan, J. Henry McCoy,
Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
- 2 8 -
ORDINANCE TO AMEND AND REORDAIN
ARTICLE 4, SECTION 401(b) OF
THE COMPREHENSIVE ZONING ORDINANCE
PERTAINING TO USE REGULATIONS FOR
ROADSIDE STANDS IN THE
AGRICULTURAL DISTRICT
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
That Article 4, Section 401(b), Accessory uses
and structures, of the C.Z.O. be amended and reordained in
part to read as follows:
(b) Accessory uses and structures. Uses and
structures which are customarily accessory
and clearly incidential and subordinate to
principal uses and structures, including,
but not limited to:
(i) no such stand shall exceed five
hundred (500) square feet of
floor area;
(ii) no stand shall be erected within
twenty (20) feet of the property
line fronting any street;
(iii) the operator of the stand must be
the owner or operator of the
agricultural property on which the
stand is located;
(iv) at least 50% by value of the produce
sold from the stand shall have been
produced on the lot or parcel on which
the stand is located.
Adopted by the Council of the City of Virginia Beach, Virginia,
on the day of 1 1982
2 9 -
ITEM II-H.2 ITEM #18945
COUNCILWOMAN MCCLANAN LEFT COUNCIL CHAMBERS
Councilman Jennings made a motion, seconded by Councilman
Heischober, to uphold the recommendation of the Planning
Commission and DENY the Ordinance to amend and reordain
Article 2, Section 203(c) of the Comprehensive Zoning
Ordinance pertaining to commercial vehicular parking.
Councilman Jennings withdrew his motion and Councilman
Heischober withdrew his second.
Upon motion by Councilman Jennings, seconded by Councilman
Heischober, City Council voted to DEFER FOR TWO WEEKS
(November 8, 1982), the Ordinance to amend and reordain
Article 2, Section 203(c) of the Comprehensive Zoning
Ordinance pertaining to commercial vehicular parking.*
Voting: 10-0
Council Members Voting Aye: (for deferral)
John A. Baum, Nancy A. Creech, Harold Heischober,
Vice Mayor Barbara M. Henley, H. Jack Jennings,
Jr., Mayor Louis R. Jones, Robert G. Jones, W. H.
Kitchin, III, J. Henry McCoy, Jr., D.D.S., and
Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Reba S. McClanan
*This matter will be on the INFORMAL AGENDA of November 1, 1982
3 0 -
AN ORDINANCE TO AMEND AND REORDAIN
ARTICLE 2, SECTION 203(c)
OF THE COMPREHENSIVE ZONING ORDINANCE
PERTAINING TO OFF-STREET PARKING REQUIREMENTS
FOR COMMERCIAL VEHICLES
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That Article 2, Section 203(c), Commercial vehicular parking, of the
C.Z.O. be amended and reordained to read as follows:
203. Off-Street Parking Requirements
(c) For vehicles designed or intended to carry goods or
perform services in commerce (but not including
passenger cars or other vehicles designed primarily
to haul passengers), no more than one (1) such vehicle
per dwelling unit shall be parked on any lot in a
residential or apartment district, provided that such
vehicle shall not exceed one ton capacity and shall
not exceed 7 feet in height or 18 feet in length, and
provided further that such vehicle shall not be kept
or parked on a lot in a residential or apartment
district except by a person who resides on tha,t lot.
This restriction shall not apply to commercial vehicles
during the normal conduct of business or in the delivery
or provision of a service to a residential area.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
day of , 1982.
DEFERRED: October 25, 1982
APPR -9 0 C ONT k-. 'JIT
5IGN6fURE
DEPAPI,M@'T
J/
ciIYAT,C)P,,@4EY
- 31 -
ITEM II-H.3 ITEM #18946
COUNCILWOMAN McCLANAN RETURNED TO COUNCIL CHAMBERS
Upon motion by Councilman Jennings, seconded by Councilman
McCoy, City Council voted to uphold the recommendation of
the Planning Commission and ADOPT the Ordinance to amend
the Master Street and Highway Plan dated December 16, 1974,
(Donna Boulevard).
Voti ng 1 1 - 0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober,
Vice Mayor Barbara M. Henley, H. Jack Jennings,
Jr., Mayor Louis R. Jones, Robert G. Jones, W. H.
Kitchin, III, Reba S. McClanan, J. Henry McCoy,
Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
- 3 2 -
AN ORDINANCE TO A@IEND
THE TIASTER STREET AND HIGHWAY PLAN
DATED DECEMBER 16, 1974
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the Master Street and Highway Plan dated December 16, 1974, is
hereby amended as follows:
1. Delete the extension of Donna Boulevard to Reynard Drive.
2. Extend Donna Boulevard directly east and then north to intersect
Laskin Road along an alignment as shown on plans available in the
Department of Planning.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
25 day of October 1982.
SIG@TUIE
T ATTC
I O/ 2 58 2
- 3 3 -
ITEM II-H.4 ITEM #18947
Attorney Louis Kershner represented the applicant
Upon motion by Councilwoman McClanan, seconded by Councilwoman
Oberndorf, City Council voted to uphold the recommendation of
the Planning Commission and ADOPT the Ordinance upon petition
of Barry Thomas Watts and Kathy Diane Hatten Watts for the
discontinuance, closure and abandonment of a portion of
Alabama Avenue (formerly known as Twenty-Ninth Street), in
the Princess Anne Borough.
Approval is subject to the following conditions:
1. The applicant shall purchase the under-
lying fee in the street and resubdivide
it and the adjacent lots into one parcel
meeting all Zoning Ordinance requirements.
2. Vacation of existing lot lines to ensure
access to a public street and to avoid
creation of nonconforming lots.
3. Retention of a 25-foot drainage and utility
easement centered over the existing sewer
I i n e .
4. Compliance with the above-stated conditions
within 180 days, and final approval by City
Council should not take place until all con-
ditions are met.
V o t i n g 1 1 - 0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober,
Vice Mayor Barbara M. Henley, H. Jack Jennings,
Jr., Mayor Louis R. Jones, Robert G. Jones, W. H.
Kitchin, III, Reba S. McClanan, J. Henry McCoy,
Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
34 -
ORDINANCE NO.
In the Matter of Closing, Vacating, and Discontinuing a
Portion of that Certain Street of Variable Width Known as
Alabama Avenue (Formerly Known as Twenty-Ninth Street),
Located in the Princess Anne Borough of the City of Virginia
Beach, Virginia, as Shown on the Certain Plat Entitled, "Plat
for Street Closure Adjoining Lot 10 and 11, Block 8, Pecan
Gardens, Princess Anne Borough, Virginia Beach, Virginia,"
Which Plat is Recorded in the Clerk's Office of the Circuit
Court of the City of Virginia Beach, Virginia in Map Book 7,
at page 70.
WHEREAS, it appearing by affidavit that the
proper notice has been given by Barry Thomas Watts and Kathy
Diane Hatten Watts, that they would make application to the
Council of the City of Virginia Beach on October 25, 1982, at
7:00 P.M., to have the hereinafter described street
discontinued, closed, and vacated; and
WHEREAS, it is the judgment of the Council that
said street be discontinued, closed and vacated;
NOW, THEREFORE,
SECTION I
BE IT ORDAINED by the Council of the City of
Virginia Beach, Virginia, that the hereinafter described
street be discontinued, closed, and vacated:
Alabama Avenue (formerly known as Twenty-ninth
Street) lying east of the eastern right-of-way
line of Roosevelt Avenue as shown on that
certain plat entitled, "Pecan Gardens", recorded
in the Clerk's Office of the Circuit Court of
the City of Virginia Beach, Virginia in Map
Book 7, at page 70 and being more particularly
bounded and described as follows:
Beginning at an iron pin on the Northwest
corner of Lot 10, Block 8, Plat of Pecan Gardens
Princess Anne Borough, Virginia Beach, Virginia;
thence in an Easterly course N 68' 051 3311 West
79.19' to a pin; thence in a Northerly direction
S 13. 11' 46" W 8.441 to a pin; thence in a
Northeasterly direction S 23' 511 09" W 41.571
to a pin; thence in a Westerly direction S 68'
051 33" E 70.021 to a pin; thence in a
Southwesterly direction 50.751 to the point of
beginning. For a more particular description
reference the plat for street closure attached
and recorded herewith of Mel Smith and
Associates, Engineering and Surveying, dated
June 4, 1982 and referencing Map Book 7,
page 74 in the Circuit Court Clerk's Office of
the City of Virginia Beach, Virginia.
3 5 -
IT BEING part of the same property conveyed unto
Blanche Simpson Blick by deed from Tri-State
Development, dated October 9, 1931, recorded in
Deed Book 165, page 369, Clerk's Office, Circuit
Court, City of Virginia Beach, Virginia.
Said parcel of land being a portion of Alabama
Avenue as indicated on that certain plat entitled, " Plat for
Street Closure Adjoining Lot 10 and 11, Block 8, Pecan
Gardens, Princess Anne Borough, Virginia Beach, Virginia",
which plat is recorded in the Clerk's office of the Circuit
Court of the City of Virginia Beach, Virginia in Map Book 7,
at page 74, and which is made a part hereof by reference.
Section II
A certified copy of this Ordinance shall be
filed in the Clerk's office of the Circuit Court of the City
of Virginia Beach, indexed in the name of the City of
Virginia Beach, Virginia, as grantor.
SECTION III
This Ordinance shall be in effect 30 days from
the date of its passage.
BY
- 3 6 -
ITEM II-H.5 ITEM #18948
J. Parks Atkinson spoke in behalf of his Petition
Upon motion by Councilman Jennings, seconded by Councilwoman
Creech, City Council voted to uphold the recommendation of
the Planning Commission and ADOPT the Ordinance upon petition
of J. Parks Atkinson for the closure of the western 130.69
feet of "B" Street, in the Lynnhaven Borough and ELIMINATE
condition four (4) as follows:
4. The ultimate disposition of the right-of-way
should be by means of purchase rather than
direct conveyance to the adjoining property
owner, subject to determination by the City
Attorney's Office.
Approval is subject to the following conditions:
1. Vacation of all internal lot lines in
order to avoid the creation of nonconforming
lots, as well as to insure that all lots have
access to a public street.
2. A cul-de-sac shall be built and dedicated
according to the City criteria.
3. Drainage and utility easements shall be
retained over the existing right-of-way.
4. The closure of this right-of-way shall be
contingent upon compliance with the above-
stated conditions within 120 days of the
approval by City Council.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober,
Vice Mayor Barbara M. Henley, H. Jack Jennings,
Jr., Mayor Louis R. Jones, Robert G. Jones, W. H.
Kitchin, III, Reba S. McClanan, J. Henry McCoy,
Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
- 37 -
ORDINANCE NO.
IN THE MATTER OF CLOSING, VACATING, AND
DISCONTINUING A PORTION OF THAT CERTAIN
STREET KNOWN AS "B" STREET, LOCATED IN
THE LYNNHAVEN BOROUGH OF THE CITY OF
VIRGINIA BEACH, VIRGINIA, AS SHOWN ON
THAT CERTAIN PLAT ENTITLED "WOODLAND,"
WHICH PLAT IS RECORDED IN THE CLERK'S
OFFICE OF THE CIRCUIT COURT OF THE CITY
OF VIRGINIA BEACH, VIRGINIA, IN MAP BOOK
7, AT PAGE 98
WHEREAS, it appearing by affidavit that proper notice
has been given by J. Parks Atkinson that he would make application
to the Council of the City of Virginia Beach, Virginia, on
October 25, 1982, to have the hereinafter described street dis-
continued, closed, and vacated;
WHEREAS, it is the judgment of the Council that said
street be discontinued, closed, and vacated;
NOW, THEREFORE,
SECTION I
BE IT ORDAINED by the Council of the City of Virginia
Beach, Virginia, that the hereinafter described street be dis-
continued, closed, and vacated:
The westernmost end of "B" Street measuring
130.69 feet. The said propertv fronts on
the northern edge of Lots One (1) through
Four (4), in Block 2, Plat of Woodland, in
Map Book 7, at page 98, LYNNHAVEN BOROUGH,
City of Virginia Beach, Virginia.
SECTION II
A certified copy of this Ordinance shall be filed in
the Office of the Circuit Court of the City of Virginia Beach,
Virginia, indexed in the name of the City of Virginia Beach, as
grantor.
SECTION III
This Ordinance shall be effective thirty (30) days from
passage and after the completion of all conditions imposed by
City Council.
38-
CERTIFICATE OF VESTING OF TITLE
I, Joseph T. Waldo, attorney for J. Parks Atkinson, do hereby
certify that:
I am an attorney at law and represent J. Parks Atkinson, the
Petitioner.
If the property described below is discontinued, closed and
vacated by the Council of the City of Virginia Beach, Virginia, then
title to the said property will vest in Frank V. Atkinson and J.
Parks Atkinson and in Naxos, Inc., record owners of the adjacent
property immediately contiguous to that section of "B" Street to
be closed,
The said property being referred to herein described as follows:
The western most end of "B" Street measuring
130.69 feet. The said property fronts on the
northern edge of Lots One (1) through Four (4),
Block 2, Plat of Woodland, in Map Book 7, at
age 98, LYNNHAVEN BOROUGH, City of Virginia
p
Beach, Virginia.
10/ 2 5/82
38-
CERTIFICATE OF VESTING OF TITLE
1, Joseph T. Waldo, attorney for J. Parks Atkinson, do hereby
certify that:
I am an attorney at law and represent J. Parks Atkinson, the
Petitioner.
If the property described below is discontinued, closed and
vacated by the Council of the City of Virginia Beach, Virginia, then
title to the said property will vest in Frank V. Atkinson and J.
Parks Atkinson and in Naxos, Inc., record owners of the adjacent
property immediately contiguous to that section of "B" Street to
be closed,
The said property being referred to herein described as follows:
The western most end of "B" Street measuring
130.69 feet. The said property fronts on the
northern edge of Lots One (1) through Four (4),
Block 2, Plat of Woodland, in Map Book 7, at
page 98, LYNNHAVEN BOROUGH, City of Virginia
Beach, Virginia.
10/ 2 5/82
- 3 9 -
0 R D I N A N C E S
ITEM II-I.1 ITEM #18949
Upon motion by Councilwoman Creech, seconded by Vice Mayor
Henley, City Council voted to uphold the recommendation of
Council Members Harold Heischober and H. Jack Jennings, and
ADOPT the Ordinance to amend and reordain Section 2-208(c)
of the Code of the City of Virginia Beach relating to the
approval and disbursement of expenditures for capital
facilities.
V o t i n g :11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober,
Vice Mayor Barbara M. Henley, H. Jack Jennings,
Jr., Mayor Louis R. Jones, Robert G. Jones, W. H.
Kitchin, III, Reba S. McClanan, J. Henry McCoy,
Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
- 40 -
Requested by: Councilmernbers Heischober and Jennings
AN ORDINANCE TO AMEND AND REORDAIN
SECTION 2-208(c) OF THE CODE OF THE
CITY OF VIRGINIA BEACH RELATED TO
THE APPROVAL AND DISBURSEMENT OF
EXPENDITURES FOR CAPITAL FACILITIES
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That Section 2-208(c) is amended and reordained to
read as follows:
(c) The director of finance shall not expend any
funds @n-excess of-one-hun4red-thousand dollars 4$109,909.90*
for the construction of, or additions to capital facilities
without the project having been authorized by ordinance or
resolution of the city council.
This ordinance shall be effective from date of its
adoption.
ADOPTED: October 25, 1982
- 41 -
ITEM II-I.2 ITEM #18950
Councilman Jones made a motion, seconded by Councilman
Jennings, to uphold the recommendation of the City
Manager and ADOPT the Ordinances amending Section 35-6
and 35-37 of the Code of the City of Virginia Beach
pertaining to delinquent personal property taxes AND
delinquent real estate taxes, respectively with an
amendment as follows:
"...commencing on the first day following the
day such taxes were due, at the rate of nine
and six-tenths (9.6) percent per annum during
the first year such taxes are delinquent, and
thereafter at the rate of twenty-k2g4-pereent
eighteen (18) percent per annum"
Councilwoman McClanan offered an AMENDMENT to the MAIN MOTION,
seconded by Councilman Baum, to include the following wording:
"(b) Prior to the initiation of any legal
proceedings hereunder, and no more
than 60 days and no less than 30 days
prior to the initiation of any legal
proceedings herein, notice shall be
mailed to the said taxpayer at his
last known address as listed in the
tax records of the City and to the
current address, if different from
the aforesaid as listed in the
current telephone directory."
Council Members Jones and Jennings withdrew their motion
and second, respectively and Councilwoman McClanan and
Councilman Baum removed their amendment to the main motion
and second, respectively.
Upon motion by Councilman Jennings, seconded by Councilwoman
Creech, City Council voted to DEFER ONE WEEK (November 1, 1982),
the Ordinance to amend and reordain Section 35-6 of the Code of
the City of Virginia Beach pertaining to delinquent personal
property taxes;
AND, the Ordinance to amend and reordain Section 35-37 of
the Code of the City of Virginia Beach pertaining to
delinquent real estate taxes.
10/25/82
4 2 -
Voting: 1 1 - 0
Council Members Voting Aye: (for deferral)
John A. Baum, Nancy A. Creech, Harold Heischober,
Vice Mayor Barbara M. Henley, H. Jack Jennings,
Jr., Mayor Louis R. Jones, Robert G. Jones, W. H.
Kitchin, III, Reba S. McClanan, J. Henry McCoy,
Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
4 3 -
quested by: Councilman Robert Jones
AN ORDINANCE TO AMEND AND REORDAIN
SECTION 35-6 OF THE CODE OF THE
CITY OF VIRGINIA BEACH PERTAINING
TO DELINQUENT PERSONAL PROPERTY
TAXES.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
That Section 35-6 of the Code of the City of Virginia
Beach is hereby amended and reordained to read as follows:
Section 35-6. Penalty and int.erest when personal property
taxes not paid on time.
(a) In the event any taxes on personal property are not
paid on or before the time the same are due and payable as set
forth in section 35-5, there shall be added thereto a penalty of
ten (10) percent ot the amount ot such unpaid taxes or the sum ot
ten dollars ($10.00), whichever shall be greater, and such taxes
and penalty shall bear interest
d'de commencing on the first day following the day such taxes were
due, at the rate of nine and six-tenths (9.6) percent ye annum
during the first year such taxes are delinquent, and thereafter
at the rate of eighteen (18%)-percent per annum.
(b) The assessment ot a penalty under tliis section
shall not be deemed a detense to a crimizial prosection for
tailing to make such return of taxable property as may be
required by law.
This Ordinance shall be effective January 1, 1983.
Note: For state authority see Section 58-847, Code of Virginia,
as amended and Section 6621 of the Internal Revenue Code.
10/19/82
(D)
ADOPTED:
DEFERRED: October 25, 1982
-44@
Requested by: Councilman Robert Jones
AN ORDINANCE TO AMEND AND REORDAIN
SECTION 35-37 OF THE CODE OF THE
CITY OF VIRGINIA BEACH PERTAINING
TO DELINQUENT REAL ESTATE TAXES.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
That Section 35-37 of the Code of the City of Virginia
Beach is hereby amended and reordained to read as follows:
Section 35--37. Penalty and interest when installment not
paid on time.
(a) In the event any installment of taxes on real
estate is not pai-d on or before the time the same is due and
payable as set forth in section 35-36, there shall be added
thereto a penalty of ten (10) percent of the amount of such
unpaid installment or the sum of ten dollars ($10.00), whichever
shall be greater, and such installment and penalty shall bear
interest
commencirig on the
first dav following the day such taxes were due, at the rate of
nine aiid six-tenths (9.6) percent per annum during the first year
such taxes are delinquent, and thereafter at the rate of eighteen
(18) percent per annum.
(b) The assessment of a penalty under this section
shali iiot be deemed a rjetense to any criminal prosection for
tailing to make such return of taxable property as may be
rec,,uired by law.
This Ordinance shall be effective January 1, 1983.
Note: For state authority see Section 58-847, Code of Virgiiiia,
as amended and Section 6621 ot the Internal Revenue Code.
0/19/82
(D)
ADOPTED:
DEFERRED: October 25, 1982
- 4 5 -
ITEM II-I.3 ITEM #18951
Upon motion by Councilwoman Creech, seconded by Councilman
Heischober, City Council voted to DEFER INDEFINITELY and
requested the Mayor to refer the matter to the appropriate
Committee for review, analysis and recommendation so Council
can examine all the alternatives which impact upon this
decision prior to making same the Ordinance to amend and
reordain Section 2-20 of the Code of the City of Virginia
Beach, relating to regular meetings generally, when and
where held;
AND, the Ordinance to repeal Section 2-57 of the Code of
the City of Virginia Beach, Virginia, relating to the
calendar and docket of business before the Council.
V o t i n g :1 1 - 0
Council Members Voting Aye: (for deferral)
John A. Baum, Nancy A. Creech, Harold Heischober,
Vice Mayor Barbara M. Henley, H. Jack Jennings,
Jr., Mayor Louis R. Jones, Robert G. Jones, W. H.
Kitchin, III, Reba S. McClanan, J. Henry McCoy,
Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
- 46 -
Requested by: Councilmember Nancy Creech
AN OROINANCE TO AMEND AND REORDAIN
SECTION 2-20 OF THE CODE OF THE CITY
OF VIRGINIA BEACH, VIRGINIA, RELATED
TO REGULAR MEETINGS GENERALLY, WHEN
AND WHERE HELD
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
Sec. 2-20. Regular meetings generally-When and where held.
Regular meetings of Council shall be held in the
City Hall Building, Municipal Center, Virginia Beach, Virginia,
on the first, second and third Tuesdays at 12:30 p.m. and on
the fourth Tuesday of each month at 5:30 p.m., unless such
date shall fall upon a legal holiday, in which case the
meeting will be held-on the next succeeding day which is not
a holiday and at the same hour except as otherwise provided
by special resolution of the Council. However, in July of
each year, there shall be regular meetings only on the first
two (2) Tuesdays of the month.
This ordinance shall become effective on April
5, 1983.
AI)OPTED:
JDB:ER
10-13-82 DEFERRED INDEFINITELY
10-21-82
47 -
Requested by: City Manager
AN ORDINANCE TO REPEAL SECTION
2-57 OF THE CODE OF THE CITY OF
VIRGINIA BEACH, VIRGINIA, RELATING
TO THE CALENDAR AND DOCKET OF
BUSINESS BEFORE THE COUNCIL
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
That Section 2-57 is hereby repealed.
This ordinance shall be effective from date of
adoption.
ADOPTED:
JDB:er
10-13-82 DEFERRED INDEFINITELY
T
- 48 -
U N F I N I S H E D B U S I N E S S
ITEM II-J.1 ITEM #18952
Upon motion by Vice Mayor Henley, seconded by Councilman
Baum, City Council voted to RECONSIDER on November 1, 1982,
the condition placed upon the Conditional Use Permit of
Robert H. Braithwaite (Baillio Landfill) as to whether
or not to permit the lot cleaning debris to be a part of
the landfill.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober,
Vice Mayor Barbara M. Henley, H. Jack Jennings,
Jr., Mayor Louis R. Jones, Robert G. Jones, W. H.
Kitchin, III, Reba S. McClanan, J. Henry McCoy,
Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
- 49 -
ITEM II-J.2 ITEM #18953
Upon motion by Councilman Jennings, seconded by Councilman
Kitchin, City Council voted to ADOPT the Resolution
encouraging the general public to observe Saturday evening
preceding the day of Halloween as the time to recognize this
time of year and the festivities that are associated herewith.
Voting: 8 - 3
Council Members Voting Aye:
Nancy A. Creech, Harold Heischober, Vice Mayor
Barbara M. Henley, H. Jack Jennings, Jr.,
Mayor Louis R. Jones, W. H. Kitchin, III, Reba
S. McClanan, and Meyera E. Oberndorf
Council Members Voting Nay:
John A. Baum, Robert G. Jones, and J. Henry McCoy,
Jr., D.D.S.
Council Members Absent:
None
- 5 0 -
Requested by: Councilmember Jack Jennings
R E S 0 L U T I 0 N
WHEREAS, observance of Halloween occurs on Sunday
evening this year; and
WHEREAS, this day is commonly observed as a basic
day of rest and relaxation in the community; and
THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA:
THAT the general public is encouraged to observe
Saturday evening preceding the day of Halloween as the time
to recognize this time of year and the festivities that are
associdted therewith.
ADOPTED: October 25, 1982
JDB:--r
10-22-82
- 5 1 -
ITEM II-J.3 ITEM #18954
Upon motion by Councilwoman McClanan, seconded by Vice Mayor
Henley, City Council authorized the City Attorney to intervene
in the request of Contintential Telephone Company for an
increase in rates and charges of $10,572,088.
Voting: 1 1 - 0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Harold Heischober,
Vice Mayor Barbara M. Henley, H. Jack Jennings,
Jr., Mayor Louis R. Jones, Robert G. Jones, W. H.
Kitchin, III, Reba S. McClanan, J. Henry McCoy,
Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
- 5 2 -
Requested by Councilmember McClanan
A meeting of the Council of the City of Virginia Beach,
Virginia, was held in the Council Chambers, in the Administration
Building, on the 25 day of October , 1982.
on motion by Councilwoman McClanan and seconded
by Vice Mayor Henley the followin@Resolution was
adopted.
R E S 0 L U T I 0 N
WHEREAS, the Continental Telephone Company of Virginia,
hereinafter "Continental," has applied to the State Corporation
Commission for an increase in rates and charges of
$10,572,088.00; and
WHEREAS, Continental requested rate increase is based
on a return on stockholders equity of eighteen (18) percent; and
WHEREAS, the citizens of Virginia Beach have expressed
their deep concern over Continental's application to members of
City Council; and
WHEREAS, the City Council of Virginia Beach feels that
Continental's requested rate increase is unreasonable and
unwarranted.
NOW THEREFORE, BE IT RESOLVED BY THE-COUNCIL OF THE
CITY OF VIRGINIA BEACH, VIRGINIA:
That the State Corporation Commission is hereby
urged to deny Continental's rate increase application, Case No.
PUC8200, for $10,572,088.00; and
BE IT FURTHER RESOLVED that the City Attorney is hereby
requested to intervene in this matter on behalf of the citizens
so affected and to present this Resolution to the State
Corporation Commission on October 27, 1982.
Adopted by the Council of the City of Virginia Beach on
October 25, 1982
RJN/da
10/21/82
(1)
- 5 3 -
R E C E S S I N T 0 E X E C U T I V E S E S S I 0 N
ITEM II-L.1 ITEM #18955
Upon motion by Councilwoman Creech, seconded by Councilman
Heischober, City Council voted to RECESS into EXECUTIVE
SESSION (9:35 p.m.) pursuant to the exemptions from opening
meetings allowed by Section 2.1-344 Code of Virginia, as
amended, for discussion of Personnel Matters, Public Funds
Investment and Legal Matters after which to adjourn.
V o t i n g :I 1 - 0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech,* Harold Heischober,
Vice Mayor Barbara M. Henley, H. Jack Jennings,
Jr.,* Mayor Louis R. Jones, Robert G. Jones,* W. H.
Kitchin, III, Reba S. McClanan, J. Henry McCoy,
Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
*COUNCILWOMAN CREECH VOICED A VERBAL "AYE"
*COUNCILMAN JEFININGS VOICED A VERBAL "AYE"
*COUNCILMAN JONES VOICED A VERBAL "AYE@'
*COUNCILMAN McCOY VOICED A VERBAL "AYE"
- 5 4 -
A D J 0 U R N M E N T
ITEM 11-M.1 ITEM li]8956
Upon motion duly made and seconded, City Council adjourned at
1 2 : 15 a m.
Diane M. Hickman, Deputy City Clerk
R h H@dges @mith, CMC, City Cle@k -M.Yr L-L" R. J.,,@s
City of Virginia Beach,
Virginia
25 October 1982
dnih/asd