HomeMy WebLinkAboutJANUARY 18, 1982 MINUTES
"ViOP.LC'S LA,.RGEST R.F-SCRT CITY"
CITY COL7NCIL
MA YO;Z HE,@RY M.COY Jr.. D.D.S.. K,. ..iti. B.-.gb
VICE.At.iYOR li.@,ROLD I!FISC@Un.RER. A, L.,g.
jOdN A. SAUM.
F- REir, E.RVIN, A, L@,s,
BA.@BARA 14. 'iZV'-Ey. P-.9-
CLARE.IVCE,k. HOLLAND. M-D.. B.y@,d. B.@.gl
W. 'I. KITCHI@',. Ill, Vi,gi.@. 13..ch Z; --- gb
REBA S. MCLINA.'J. A,., 8-@.gb
DON'ALD W@ B.-.gb
AIEYERA E. OBE.RNOOPP, A' L.,,, 2zz CITY HALL BLI!L.Di@.C
PATRICK L. STAtqDING. A, L,.,I. MUN)CIPAL CEN7'ER
VIRGINIA BEACH. VIRGIIIIA 23456
RUTH HODGES S)V.ITY@. Ci'Y Cl-li (804) 427-4303
CITY COUNCIL AGENDA
January 18, 1982
ITE',i I INFORKAL SESSION: 12:30 P.M.
A. CALL TO ORDER Mayor J. Henry McCoy, Jr., D.D.S.
B. ROLL CALL OF COUNCIL
C. F-IOTION TO RECESS IN-@ INFORMAL/EXECUTIVE SESSION
D. PRESENTATION/DISCUSSION OF PERTINENT MATTERS
1. Matters for discussion by Mayor.
2. Matters tor discussion by C(.)uncill.
3. Virginia Department of Hiqh,,tays & Transportation Six Y--ar
C--itical Inprovei,-.ont Proqr@-i:- Discussion
4. Da-, lieck Estates: Di-scussion
ITEM II FORYNL SESSION: 2:00 p.m.
A. INVOCATION: Reverend P-,bert Brooks
Providence Baptist Church
B. PLED--E O@- ALLEGIANCE TO THE FL.AG OF THE UNITED STATES OF
C. EL%CTP.O.\12:C RO'-L CAT-L OF C@OUNCIL
OF PRE@110,JS MEE,r-LliG
1. Nioti@,r@ t.,, dccl?c/appl:ove tlie Minutes of Jaiiuary 11, 1932,
2. C,)rre,-,-Iioi, to Minat:es of D2ceriber 21, 1961 - '.tem #17575.
2
ITEi'4 11 E. RESOLUTIONS
1. Resolutioris of @ppreciation
a. C. H. Byler
b. Oscar @lorthern
C. Indivi-duals and Companies who assisted in the Fu@ral
arrangements for Virg4nia Beach Pol4ce Officer Daniel
T. Maloney.
2. General
a. Resolution - Disabled American Veterans
b. Resolution - State Layoff Policy
l-'. COIIISENIT AGENDA
All matters listed under the consent Agenda are considered to be
--Outine by the City Council and will be enacted by one motion in
tht fo.-m 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. Application of Robert W. Waddell for tbe closure of portions
of Kellam Road aiid South Boulevard (Kempsville Borough).
I.PPOI'4T.14E,-i-l Or VIEWERS
2. Application of Eunice E. Payne, W. R. Payne, Jr., Mary Payne
Edwards ancl, Wesley D. Payne for the closure of a portion o@-
right-of-way (Lyniihaven Borouqh) entitled "Plat of Prooerty
to be Acqui-red for Lynnhaven Parkway, Pliase II, from W. R.
Payne, Jr.". APPOINTMENT OF VIEWERS
3. Request of the Commissioner of Revenue for license refurids in
the amount of $2,319.24.
4. Ordinance, on SECOND READING, to accept a grant of $3,115 from
the Department of Transportation Safety and to appropriate
these funds.
5. Ordinance, on SECOND READING, to reauce the Pendleton Chil.,l
Service Center fiscal year 1981-82 budget by $95,771.
6. Ordinance, on SECOND RE,ADI-MG, to provide an additional c]-erk
position in the Sheriff's Off'.ce.
3
ITEM 11 G. PLANNING IFWMS
1. Deferred Items
a. Application of @m iLs_ Associates for a change of zoning
from R-5 Residential District to A-1 A2A@ge;lt= District on
two parcels, totalling 15.6 acres, located on the nor@h side
of Moore's Pond Road, east ol@ Baker Road (Bayside Borough).
7his itein was de-@erred on November 9, 1981 until May, 1982,
rescheduled for January 11, 1982 and then <Ieferred un-lil '@-oday.
1. Letter from the City Manager transmits the recommendation
of the Planning Commission for d,-,nial..
b. Application of keside Construction r orat o@n for a condi-
tional use permit for land fill on a.22.63-acre parcel located
north of Indian River Road, east of Parkland Lane (Ke.Tpsville
Borough). This item was deferred for one week on January 11,
1982.
1. Letter from the City Manager transmi.ts the recommendati.on
of the Planning Comm,'-ssi(3n for @@rgy@l.
2. New Items
a. ApplJ.cation of P. Ratr.Lc@ vanau h for a change of zoning
frora R-1 Residential D'-str' R-2
@ct o Distr4ct
on a 3.4-acre parcel;
AND, a change of zoning from R-! esidpntia@ Di.sti:i--t-. to
R-3 gesiden@tql District on a 16.4-acre parcel,-. This prope--t@i
is located nortli of North Great Neck Road, @',,.3ng the west si-de
of Green Hill Road (Lyniihaven Borough).
1. Letter from the City Manager transmits the recof'.tmexida',,ion
of the Planning Commission for @ro a@l.
b. Application of Robert H. Braithwai.te for a conditional use
permit for land fill oii a 19-acre parcel located along Oceana
Boulevard, south of Norfolk and Southern Railroad (LYnnhaven
Borough).
1. Letter from the City Manager transmits the recommendation
of the Planning Commission for a@@rova3..
c. Application of Leo C. and @t, L. for a condit4-o-al
use permit for a home occuoa-
@ion shc)i) on a
Darcel lo--ate,,.l on th-- w@t @Ltztown Road, sai;th @,f
bbrris Neck Road (Pungo Borough).
1. Letter from the City Manaqer trans-.nits the recommendation
of the Planning Commission for @D
4
ITTN Ii G. PLANOLNG ITE@'@
2. New Items (continued)
d. Application of S. -Rtir@eLl Br@ for a varianc-e to Section
4.4(b) of the Subdivision ordinance which requires lot di-
mens4.ons to conform to the Comprehensive Zo,@ing Ordinance.
He wishes to subdivide approximately 12.9 acres, located
on the n@3rtia side of Shorehaven Drive at its western termi.-
nus, into ninp I.ots (Lynnhaven Borough).
1. Letter from the City Manager transmits the recommendation
of the Planning Commission for oval.
e. Ikpplication of Elizabeth A. @oliv for a variancp to Section
4.4(d) of the Subdivision Ordinance which requires all lots
to have direct access to a public street. The applicant
wisties to subdivide two parcels, 1.38 and 1.76 acres, out of
a larger tract. Tnis property is located at the southern
terminus of Addington Lane (Lynnhaven Borough).
1. Letter from the City Manager transmits the recommendation
of the Planning Commission for o,7a@.
H. ORDINANCES
1. General
a. Ordinance declaring Lot 23, Block 5 of the Plat of Fas--
in Kempsville Lorough excess and authorizing the C-'@-ly
to dispbse of same.
CITY MANAGER RECOMMENDS APPRO@IAL.
2. City Code Anendments
a. Ordinance to amend Sections 2-84, 2-85 and 2-86 of the Code
of the City of Virginia Beach pertaining to the schedule of
earning, taking and granting of annual leave.
CITY MANAGER RECOMt4ENDS APPROVAL.
3. First Readinqs
a. Ordinance, on FIRST READING, to appropriate funds of $53,77'7
to enli--rioe various progrzims in the Department of
CITY RECOM-NIZNDS APPROVAL.
b. Ordinance, on FIRST READING, to accept grants toa!4@ng
$28,797.00 from the Division of Justice an,' Crime
@.id to funds.
5
ITEM II 1. UNFlNIsfiEs T3usl,,qEss
J. ',IEW BUSINESS
K. ADJOURNMRNT
1. @tion to adjourn.
M I N U T E S
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
18 January 1982
The Regular Meeting of the Council of the City of Virginia Beach,
Virginia, was called to order by Mayor J. Henry McCoy, Jr., D.D.S.,
in the Conference Room, City Hall Building, on Monday 18 January
1982 at Twelve@Thirty in the afternoon.
Council Members Present:
John A. Baum, F. Reid Ervin, Vice Mayor Harold Heischober,
Barbara M. Henley, Clarence A. Holland, M.D., W. H. Kitchin,
III, Reba S. McClanan, Mayor J. Henry McCoy, Jr., D.D.S.,
Meyera E. Oberndorf, and Patrick L. Standing
Council Members Absent:
E. T. Buchanan
ITEM #1 7640
Mayor McCoy entertained a motion to permit Council to conduct its
INFORMAL SESSION to be followed by an EXECUTIVE SESSION for the
purpose of discussing the following:
1. PERSONNEL MATTERS: Discussion or consideration of
employment, assignment, appointment, promotion,
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 and briefings
Fy-staff members, consultants or attorneys, pertaining to
actual or potential litigation, or other legal matters within
the jurisdiction of the public body.
- 2-
Upon motion by Councilman Standing, seconded by Councilman Holland,
City Council voted to proceed into the EXECUTIVE SESSION following
the INFORMAL SESSION.
Voting : 1 0 - 0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, Vice Mayor Harold Heischober,
Barbara M. Henley, Clarence A. Holland, M.D., W. H. Kitchin,
III, Reba S. McClanan, Mayor J. Henry McCoy, Jr., D.D.S.,
Meyera E. Oberndorf, and Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
E. T. Buchanan
- 3-
M A T T E R S B Y T H E M A Y 0 R
MERRILL LYNCH ITEM #17641
Mayor McCoy advised he met with representatives of Merrill Lynch
to discuss the future financing plans of the City of Virginia
Beach. As the leading underwriter of tax-exempt bonds Merrill
Lynch believes they are in a position to offer the City a unique
combination of underwriting services.
With Council's concurrence, the Mayor will schedule a briefing for
Merrill Lynch to meet with Council and discuss this matter.
TIDEWATER TRANSPORTATION MEETING ITEM #17642
Mayor McCoy advi sed Counci 1 of a meet i ng wit h the Ti dewater Trans po rtati on
District Commission regarding funding for roads, and requested they meet
with City Council to distuss this very important matter.
The Mayor will schedule this meeting as a briefing for Council.
RESTAURANT ASSOCIATION ITEM #17643
Mayor McCoy made reference to a letter received from the Restaurant
Association concerning recent decisions which they feel may ultimately
hurt their businesses.
The Association presented several proposals for Council's consideration.
NEWSWEEK ARTICLE ITEM #17644
Mayor McCoy presented to Council for their information an article from
NEWSWEEK entitled Reagan's Outburst on Leaks.
- 4-
M A T T E R S B Y T H E C 0 U N C I L
OCEAN PARK CORPORATION ITEM #17645
Councilman Holland made reference to a letter received from the City
Attorney advising that Mr. Lipkin retained Thomas W. Moss, Jr., and
Peter K. Babalas, to represent his interest in certain litigation
in the City of Virginia Beach v. Paul Lipkin Receivor for Ocean
Park Corporation. By virtue of the Attorneys being representatives
in the General Assembly the January 28, 1982, schedule hearing will
be continued until after the current Session of the General Assembly
(no more than thirty (30) days after adjournment).
I N F 0 R M A L S E S S I 0 N
VIRGINIA DEPARTMENT OF HIGHWAYS ITEM #17646
The City Manager advised he received a letter from Joseph Ripley,
Urban Engineer, State Highway Department, advising there would be
further delays in the City's road projects.
Mr. Ripley stated in his letter that for the first time Virginia may
forfeit Federal Aid Funds as they are delaying road projects. The
Federal Government advised if the funds were not expended, the State
matching funds are not "put up", the Federal funds will be lost.
The City Manager requested a Resolution from Council to the State
Highway Department asking that the City of Virginia Beach be given
an opportunity to "see if we cannot come up with the State's share."
The City Manager further advised on State projects, the Federal
Government provides 75% of the funding, the State 20% and the
Local share is 5%.
The Resolution will be presented for adoption on 25 January 1982.
DAM NECK ESTATES ITEM #17647
Robert J. Scott, Director of Planning, spoke regarding Dam Neck Estates,
owned by Julian Raskin, concerning minor changes requested by Mr. Raskin.
1. The reduction in the recreational land to
ten acres.
2. Cannot construct more than 451 units.
3. Minor readjustment of where units will
be constructed.
It was suggested the right-of-way dedication for Dam Neck Road be increased
from 90-feet to 110-feet.
- 5-
PAVILION TOWERS ITEM #17648
The City Manager presented to Council a report on his granting Pavilion
Towers "developer rates" on water and sewer line fees (A copy of the
report has been made a part of these proceedings).
EXECUTIVE SESSION ITEM #17649
Ci ty Counci I recessed into EXECUTIV E SESSION , (I : 30 p. m. to meet
jointly with the Libraby Board and the Library Director, Marcy Sims:
Library Board Members Present:
Mrs. Betty Barco Mrs. Meg Campbell
Mrs. Gwenlyn Daniels Mrs. Lettie Dozier
Mrs. Karen Marrow Mrs. Joy Hatfield
Mr. Jack Robertson Mrs. Rita Vellines
Library Board Members Absent:
Mr. Ira Hancock Mr. William P. Oberndorfer
Mrs. Margie Shirley
- 6 -
F 0 R M A L S E S S I 0 N
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
18 January 1982
2 :1 5 p. m.
Council Members Present:
John A. Baum, F. Reid Ervin, Vice Mayor Harold Heischober,
Barbara M. Henley, Clarence A. Holland, M.D. , W. H. Kitchin,
III, Reba S. McClanan, Mayor J. Henry McCoy, Jr., D.D.S.,
Meyera E. Oberndorf, and Patrick L. Standing
Council Members Absent:
E. T. Buchanan
INVOCATION: Mr. Richard J. Webbon
City Clerk, Retired
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
- 7 -
M I N U T E S
ITEM II-D.1/2 ITEM #17650
Upon motion by Councilwoman Henley, seconded by Councilman Holland,
City Council voted to APPROVE the Minutes of the Regular Meeting of
11 January 1982, as corrected:
item #17623 - The-letter-:Freffi-the-G4ty-Attei-mey
AND, a correction to the Minutes of the Regular Meeting of 21 December
1 981 :
Item #17575 - Harry B. Price, 1;4 Jr.
Voting I 0 -0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, Vice Mayor Harold Heischober,
Barbara M. Henley, Clarence A. Holland, M.D., W. H. Kitchin,
III, Reba S. McClanan, Mayor J. Henry McCoy, Jr., D.D.S.,
Meyera E. Oberndorf, and Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
E. T. Buchanan
- 8-
ITEM II-E.l.a/b ITEM #17651
Upon motion by Councilman Holland, seconded by Councilwoman Henley, City
Council voted to ADOPT the Resolutions of Appreciation and present same
t o
C. H. BYLER, BOARD OF PLUMBING APPEALS
(APRIL 1967 TO OCTOBER 1981)
OSCAR NORTHEN, BOARD OF APPEALS
(OCTOBER 1973 TO DECEMBER 1981)
Voting 1 0- 0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, Vice Mayor Harold Heischober,
Barbara M. Henley, Clarence A. Holland, M.D., W. H. Kitchin,
III, Reba S. McClanan, Mayor J. Henry McCoy, Jr., D.D.S.,
Meyera E. Oberndorf, and Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
E. T. Buchanan
- 9-
RESOLUTION OF APPRECIATION
TO
C. H. BYLER
WHEREAS, C. H. Byler, served as a member of the Board of
Plumbing Appeals from April 1967 to October 1981;
WHEREAS, C. H. Byler, served willingly and untiringly in
behalf of the City of Virginia Beach;
WHEREAS, his dedication and unselfish service involved personal
sacrifices and inconveniences; and,
WHEREAS, we trust he realized satisfaction in successfully
administering in his advisory capacity not only to City Council, but
to the citizens of this fast growing metropolis.
NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach
City Council recognizes this record of fourteen [14] 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 18th day of January, 1982, in the City of Virginia Beach, Virginia.
Given under my hand and seal.
Mayor
City of Virginia Beach
-10-
RESOLUTION OF APPRECIATION
TO
OSCAR NORTHEN
WHEREAS, Oscar Northen, served as a member of the Board of
Appeals from October 1973 to December 1981;
WHEREAS, Oscar Northen, served willingly and untiringly in
behalf of the City of Virginia Beach;
WHEREAS, his dedication and unselfish service involved personal
sacrifices and inconveniences; and,
WHEREAS, we trust he realized satisfaction in successfully
administering in his advisory capacity not only to City Council, but
to the citizens of this fast growing metropolis.
NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach
City Council recognizes this record of eight [8] 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 18th day of January, 1982, in the City of Virginia Beach, Virginia.
Given under my hand and seal.
Mayor
City of Virginia Beach
-11-
ITEM II-E-1-c ITEM #17652
Upon motion by Councilwoman Oberndorf, seconded by Councilman Standing,
City Council voted to ADOPT the Resolution of Appreciation to firms and
individuals who assisted in the funeral arrangements for Virginia Beach
Police Officer Daniel T. Maloney.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, Vice Mayor Harold Heischober,
Barbara M. Henley, Clarence A. Holland, M.D., W. H. Kitchin,
III, Reba S. McClanan, Mayor J. Henry McCoy, Jr., D.D.S.,
Meyera E. Oberndorf, and Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
E. T. Buchanan
- 12 -
RESOLUTION OF APPRECIATION
FOR THOSE INDIVIDUALS AND COMPANIES
WHO ASSISTED IN THE FUNERAL ARRANGEMENTS FOR
VIRGINIA BEACH POLICE OFFICER DANIEL T. MALONEY
WHEREAS, the death of Virginia Beach Police Officer
Daniel T. Maloney was a tragic and senseless event; and,
WHtREAS, Officer Maloney was buried in his home town near
Buffalo, New York; and,
WHEREAS, it was desired that many of his fellow officers and
appropriate city officials be able to attend his
funeral; and,
WHEREAS, it took much planning and community assistance to
make the necessary arrangements to ensure their
attendance at his funderal;
NOW, THEREFORE, BE IT RESOLVED that the City Council of the
City of Virginia Beach does publicly recognize and
thank the following individuals and corporations
for their assistance in providing transportation,
lodging and security assistance for those Virginia
Beach individuals attending the funeral:
Mr. Thomas F. Higgins
Under-Sheriff, Erie County, N.Y.
Mr. W. Connellie
Superintendent, N.Y. State Police
Chief Zimrnerman
Amherst Police Department
Mr. Sidney Lewis
Chairman, Best Products Company
Mr. Leonard Strelitz
President, Haynes Furniture Company
Det. George McClellan
Virginia Beach Police Dept.
Mr. George Phillips, Jr.
President, Henderson & Phillips Ins. Co.
Mr. Frank T. Williams
Virginia Beach
Mr. Dick Godwin
Virginia Beach
Dr. Robert Byrnes
Community Physicians
Mr. Mark H. Nasworthy
Nasworthy Aviation
Mr. Walter E. Ellis, Jr.
Quarterdeck Restaurant
AND BE IT FURTHER RESOLVED, that letters be directed
to these individuals expressing the appreciation of the City
Council for their generous support and assistance.
- 1 3 -
ITEM II-E-2-a ITEM #17653
Upon motion by Councilman Ervin, seconded by Councilwoman Henley, City
Council voted to ADOPT the Resolution regarding clearly marked, above
ground, vertical signs being installed in all spaces reserved for the
handicapped throughout the City of Virginia Beach.
Vot i ng : I 0 - 0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, Vice Mayor Harold Heischober,
Barbara M. Henley, Clarence A. Holland, M.D., W. H. Kitchin,
III, Reba S. McClanan, Mayor J. Henry McCoy, Jr., D.D.S.,
Meyera E. Oberndorf, and Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
E. T. Buchanan
- 1 4-
R E S 0 L U T I 0 N
WHEREAS, City of Virginia Beach Motor Vehicle and Traffic Code,
Section 210371(a) makes it unlawful for a non handi-
capped operator of a motor vehicle to park in a space
reserved for the handicapped; and,
WHEREAS, Subsection (b) of the above cited Code allows the
issuance of a summons by a Police Officer at privately
owned shopping centers or business offices to violators
of this Code; and,
WHEREAS, The City of Virginia Beach Zoning Code Section 203 (d)
(2) states that spaces reserved for handicapped park-
ing shall be clearly marked "Handicapped Parking Only";
a n d ,
WHEREAS, markings of handicapped spaces that are painted on the
ground are not always "clearly marked" to motor vehicle
operators; and,
WHEREAS, Police Officers and Judges may at times feel that they
cannot arrest or prosecute violators who park in spaces
reserved for handicapped persons due to the spaces not
being clearly marked.
BE SO IT RESOLVED: That in this the "International Year of the
Disabled Person", the Disabled American Veterans, Virginia
Beach Chapter 20 supports any efforts that the Virginia
Beach City Council may take to insure clearly marked,
above ground, vertical signs be installed in all spaces
reserved for handicapped parking throughout the City of
Virginia Beach, Virginia.
BE IT FURTHER RESOLVED: That this Resolution be made a part of
the proceedings of the Virginia Beach City Council on
the Eighteenth day of January 1982, with a copy forwarded
to the Disabled American Veterans Chapter 20, Virginia
Beach, Virginia.
- 1 5 -
ITEM II-E.2.b ITEM #17654
Upon motion by Vice Mayor Heischober, seconded by Councilwoman Oberndorf,
City Council voted to DEFER until January 25, 1982 the Resolution regarding
the State Layoff Policy to permit redrafting of same.
Vo ti ng : I 0 - 0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, Vice Mayor Harold Heischober,
Barbara M. Henley, Clarence A. Holland, M.D., W. H. Kitchin,
III, Reba S. McClanan, Mayor J. Henry McCoy, Jr., D.D.S.,
Meyera E. Oberndorf, and Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
E. T. Buchanan
- 1 6-
C 0 N S E N T A G E N D A
ITEM II-F.1 ITEM #17655
Upon motion by Councilman Standina-, seconded by Councilman Holland,
City Council voted to uphold the recommendation of the City Manager
and ADOPT the Ordinance upon application of Robert W. Waddell for
the closure of portions of Kellam Road and South Boulevard, in the
Kempsville Borough. Ordinance on the Appointment of Viewers.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, Vice Mayor Harold Heischober,
Barbara M. Henley, Clarence A. Holland, M.D., W. H. Kitchin,
III, Reba S. McClanan, Mayor J. Henry McCoy, Jr., D.D.S.,
Meyera E. Oberndorf, and Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
E. T. Buchanan
- 1 7-
ORDINANCE APPOINTING VIEWERS
WHEREAS, Robert W. Waddell has given due and proper notice
in accord wit h law t hat he woul d , on the 1 8th day of January, 1 982,
apply to the City Council of the City of Virginia Beach, Virginia, for
the appointment of Viewers to view the below-described portions of
KeII am Road and So ut h Boul evard in Kemps vi I 1 e Bo rough , in the City of
Virginia Beach, Virginia, and to report in writing to this Council
whether, in the opi nion of said Viewers, any, and if any, what
inconvenience would result from the discontinuance, closure and
abandonment of sa i d porti ons of Ke I lam Road and Sout h Boul evard ; and
whereas such application has been properly filed with this Council;
and, whereas all requirements of law have been met.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA, THAT:
C. Oral Lambert, Jr.
David M. Grachmal
Robert J. Scott
be, and each of them is hereby appointed to view that certain portion
of Kellam Road adjacent to Parcel A and that certain portion of South
Boulevard adjacent to Parcels A and B as shown on the Plat of
.,Subdivision of Property of John H. Malbon, et al., Kempsville
Borough, Virginia Beach, Virginia," which is recorded in the Clerk's
Office of the Circuit Court of the City of Virginia Beach in Map Book
129, Page 10, and said Viewers shall report in writing to this Council
on or before at 2:00 p.m., whether in their
opinion any, and if any, what inconvenience would result to the public
from the discontinuance, vacation and abandonment of said portions of
Kellam Road and South Boulevard.
- 1 8-
ITEM II-F.2 ITEM #17656
Upon motion by Councilman Standing, seconded by Councilman Holland, City
Council voted to uphold the recommendation of the City Manager and ADOPT
the Ordinance upon application of Eunice E. Payne, W. R. Payne, Jr., Mary
Payne Edwards and Wesley D. Payne for the closure of a portion of
right-of-way, in the Lynnhaven Borough, entitled "Plat of Property to be
Acquired for Lynnhaven Parkway Phase II, from W. R. Payne, Jr.".
Ordinance on t@e Appointment o@ Viewers.
Voting: I 0 - 0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, Vice Mayor Harold Heischober,
Barbara M. Henley, Clarence A. Holland, M.D., W. H. Kitchin,
III, Reba S. McClanan, Mayor J. Henry McCoy, Jr., D.D.S.,
Meyera E. Oberndorf, and Patrick L. Standing
Council Members Voting Nay:
No ne
Council Members Absent:
E. T. Buchanan
- 1 9-
ORDINANCE APPOINTING VIEWERS
WHEREAS, Eunice E. Payne, W. R Payne, Jr. , Mary Payne Edwards
and Wesley D. Payne, the only heirs at law of William R. Payne, deceased,
have given due and proper notice in accordance with the Statutes for such
cases made and provided, that they will on the 18th day of January, 1982,
at 2:00 p.m., 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 and closing of the hereinafter described undeveloped
right-of-way 0.1848 Acres and has filed application with the said Council;
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA,
THAT, C. Oral Lambert, Jr.
David M. Grochmal
Robert J. Scott
are hereby appointed to view the below-described property and report in
writing to the Council on or before thirty (30) days after their
appointment by Council, whether in their opinion and, and if any, what,
inconvenience would result from the discontinuance, closing and vacating
of that certain unimproved right-of-way 0.1848 Acres located in the
Lynnhaven Borough of the City of Virginia Beach , Virginia, and more
particularly described as follows:
All that certain lot, piece or parcel of land,
lying and being in the City of Virginia Beach,
Virginia, designated and described as: 0.1848
Acres as shown on that certain plat entitled,
"Plat of Property to be Acquired by Lynnhaven
Parkway, Phase II, Virginia Beach, Virginia,
from W. R. Payne, Jr.," made by Talbot & Associates,
Ltd., and recorded in the Clerk's Office of the
Circuit Court of the City of Virginia Beach, Virginia,
in Map Book 113, at page 4; being more particularly
bounded and described as follows:
Beginning at a point 5.75 feet North from the
intersection of Southern Boulevard with the
Eastern boundary line of the property shown as
0.1848 Acres on "Plat of Property to be Acquired
- 2 0 -
for Lynnhaven Parkway, Phase II, Virginia
Beach, Virginia, from W. R. Payne, Jr.,"
thence S89@38'38" W 39-71 feet to a point
in the arc of a curve to the right; thence
in a northwesterly direction around a curve
to the right, the radius of which is 30.00
feet, an arc distance of 57-32 feet to a
point; thence in a northeasterly direction
along a curve to the right, a radius of which
is 1172-61 feet, an arc distance of 166.035
feet to a point in the Eastern boundary line
of the property shown on the aforedescribed
plat as 0.1848 Acres; thence SOO@53'10" E
262-66 feet to the point of beginning.
This ORDINANCE NO. enacted and ADOPTED this
Eighteenth day of uar , 1982
- 2 1 -
ITEM II-F-3 ITEM #17657
Upon motion by Councilman Standing, seconded by Councilman Holland, City
Council voted to uphold the recommendation of the City Manager and ADOPT
the Ordinance authorizing license refunds in the amount of $2,319.24.
Voting: 1 0 - 0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, Vice Mayor Harold Heischober,
Barbara M. Henley, Clarence A. Holland, M.D., W. H. Kitchin,
III, Reba S. McClanan, Mayor J. Henry McCoy, Jr., D.D.S.,
Meyera E. Oberndorf, and Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
E. T. Buchanan
2 2 -
AN ORDINANCE AUTHORIZING LICENSE REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF THE REVENUE
BE -IT BRDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That Ll*e following aprlications for license refunds, upon certification
of the Commissioner of thF-' Revenue are hereby ap'proved:
NAME YEAR PAID BASE PENALTY INT. TOTAL
BIL Instrument Inc.
10 Loveton Circle
Sparks, Md,. 21152 1979-80 Audit 2,319.24
See Attachments
Certified as to Payment:
orm ssioner of Revenue
Approved as tO form:
ey
The above abatement(s) totaling $ 2i3l9.24 ..ere approved by the
council of the CitY Of Virginia Beach on thg 18th day of January
19 82
Rut Hodges th
Citty Clerk
- 2 3-
ITEM II - F. 4 ITEM #17658
Upon moti on by Co unci I man Stand ing, second ed by Counci l man Ho l 1 and, City
Council voted to uphold the recommendation of the City Manager and ADOPT
ON SECOND READING the Ordinance to accept a Grant of $3,115 from the
Department of Transportation Safety and to appropriate these funds.
Voting: I 0 - 0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, Vice Mayor Harold Heischober,
Barbara M. Henley, Clarence A. Holland, M.D., W. H. Kitchin,
III, Reba S. McClanan, Mayor J. Henry McCoy, Jr., D.D.S.,
Meyera E. Oberndorf, and Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
E. T. Buchanan
24-
Requested by: City Manager
AN ORDINANCE TO ACCEPT A
GRANT OF $3,115.00 FROM
TIfE DEPARTMENT OF TRi@,NS-
PORTATION SAFETY AND TO
APPROPRIATE THESE FUNDS
WHEREAS, the City of Virginia Beach wishes to provide
a higher level- of traffic safety through better management of
existing roadways and to i@prove the design of future rbadways,
and
WHEREAS, the Department of Transportion and Safety has
approved a grant of $3,115.00 to send two (2) City of Virgi-nia
Beach traffic engineers to a course designed to strengthen their
abilities in these areas.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA:
TfIAT the City Manager is hereby authorized to accept this
grant, and funds are heteby appropriated in the amount of $3,115.00,
and
BE IT FURTHER ORDAINED that the appropriation be financed
by $1,558.00 --sti,,ia--cd revenue '@rom the Department of Transportation
Safety, and a '@ocal match of $1,557.00 consz,sting of $1,165.OC of an
in-kind match, $200.00 from the City's General Fund Balance, and
$192.00 from the Cit.y training committee appropria-lions.
FIRO-T RE.@ING: 11 Januaty 1982
ADOPTED: 18 January 1982
T!14- -rdinan--e shall be effective from datc --f
adoption.
GCF,. iDi@;
1-6-82
(V'
- 2 5 -
ITEM II-F-5 ITEM #17659
Upon motion by Councilman Standing, seconded by Councilman Holland, City
Council voted to uphold the recommendation of the City Manager and ADOPT
ON SECOND READING the Ordinance to reduce the Pendleton Child Service
Center fiscal year 1981-82 budget by $95,771.
Voting: 1 0 - 0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, Vice Mayor Harold Heischober,
Barbara M. Henley, Clarence A. Holland, M.D., W. H. Kitchin,
III, Reba S. McClanan, Mayor J. Henry McCoy, Jr., D.D.S.,
Meyera E. Oberndorf, and Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
E. T. Buchanan
2 6
Reauested by: City Manager
AN-@ORDINP@NCE-TO REDUCE THE
PENDLETON CHILD SERVICE
CENTER FISCAL YEAR 1981-82
BUDGET BY $95,771
WHEREAS, City Council approved, in the 1981-82 operating
budget, $523,477 in appropriations and-estimated revenues for the
PENDLETON CHILD SERVICE CENTER, And
WHEREAS, the estimated revenues for fiscal year 1981-82 of
PENDLETON CHILD SERVICE CENTER have been reduced by $95,771, and
WHEREAS, PENDLETON CHILD SERVICE CENTER is dependelit on
such revenue sources:
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA:
THAT the City Manager is liereby autliorized to reduce
the PENDLETON CHILD SERVICE CENTER budget by $95,771.
This ordinance shall be effective from date of
adoption.
FIRST READING: 11 janucatf 1982
ADOPTED: 18 January 1872
GGD:JDB:er
1-6-82
- 2 7 -
ITEM II-F.6 ITEM #17660
Upon motion by Councilman Standing, seconded by Councilman Holland, City
Council voted to uphold the recommendation of the City Manager and ADOPT
ON SECOND READING the Ordinance to provide an additional clerk position
in the Sheriff's Office.
Voting: 1 0 - 0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, Vice Mayor Harold Heischober,
Barbara M. Henley, Clarence A. Holland, M.D., W. H. Kitchin,
III, Reba S. McClanan, Mayor J. Henry McCoy, Jr., D.D.S.,
Meyera E. Oberndorf, and Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
E. T. Buchanan
2 8-
,AN OFDl!qANCE TO PRO@TIDF
Ai)i) i- t@ i
TIIE SHERIFF'S OFFICE
WHEREAS, the Sta't@ Compensat-ion Board ha6 approvcd a
clerk positioii in tlie Sheriff's office due to the iricrease
in civil process service and relat@d items, and
WIIEREAS, this pos-@-tion is to be solely funded by the
Statc, and
WHEREAS, the funding for the remainder of the 1982 fiscal
year is $3,223.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCTL OF THE CITY
OF VIRGINIA BEACH that an additional clerk position be allocated
and funds of $3,223 be appropriated to the Sheriff's office.
This appropriation is to be fiianced by an increase in Estimated
Revenue from the Corqmonwealth of $3,223.
This ordinance shall be effective from date of adoption.
Adopted by the Council of the City of Virginia Beach on the
Eighteenth day of January 19 8 2
First Reading: 11 JanuoAtl 1982
Second Reading: 18 January 1982
p
,@pARI,,A@NT
A@, T,@ F O,,?@
- 2 9-
P L A N N I N G A G E N D A
ITEM II-G.I.b ITEM #17661
THIS ITEM WAS BROUGHT FORWARD
Attorney Grover C. Wright, Jr., represented the applicant
Attorney Drinkwater represented the residents in the area.
Vice Mayor Heischober made a motion, seconded by Councilman Baum, to
DEFER the application of LAKESIDE CONSTRUCTION CORPORATION for a Con-
ditional Use Permit for a landfill until eleven (11) members of
Co un c i I are prese nt -
Councilwoman Oberndorf offered an AMENDMENT, seconded by Councilman
Holland, to DEFER the application of LAKESIDE CONSTRUCTION CORPORATION
UNTIL FEBRUARY 8, 1982, when it is hoped that all eleven members of
Council will be assembled.
Voting: 10-0
Council Members Voting Aye: (for amendment)
John A. Baum, F. Reid Ervin, Vice Mayor Harold Heischober,
Barbara M. Henley, Clarence A. Holland, M.D., W. H. Kitchin,
III, Reba S. McClanan, Mayor J. Henry McCoy, Jr., D.D.S.,
Meyera E. Oberndorf, and Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
E. T. Buchanan
- 30 -
Ordinance upon application of Lakeside Construction
Corporation for a Conditional Use Permit for landfill
on certain property located 850 feet more or less
North of Indian River Road beginning at a point 150
feet East of Parkland Lane, running a distance of
1105 feet along the Southern property line, running
a distance of 1421.54 feet along the Eastern property
line, running a distance of 962.83 feet along the
Northern property line and running a distance of
771 feet more or less along the Western property line.
Said parcel contains 22.63 acres. KEMPSVILLE BOROUGH.
- 3 3-
ITEM II-G.2.a ITEM #17663
Timothy Barrow, Barrow and Associates, represented the applicant
Mr. Sabin, Association of Great Neck Civic Leagues, spoke on this
matter.
Upon motion by Councilman Ervin, seconded by Councilwoman Oberndorf,
City Council voted to uphold the recommendation of the Planning
Commission and APPROVE the appiicati on s of F. PATRICK KAVANAUGH for
Changes of Zoning District Classification, subject to the recommended
conditions transmitted in the City Manager's letter, as follows:
ORDINANCE UPON APPLICATION OF F. PATRICK KAVANAUGH Z0182630
FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM
R-1 RESIDENTIAL DISTRICT TO R-2 RESIDENTIAL DISTRICT
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
Ordinance upon application of F. Patrick Kavanaugh for a Change of
Zoning District Classification from R-1 Residential District to R-2
Residential District on certain property located 2300 feet more or
less North of North Great Neck Road beginning at a point 580 feet
more or less West of Green Hill Road, running a distance of 222 feet
along the Southern property line, running a distance of 305 feet
along the Western property line, running a distance of 461.58 feet
along the Northern property line (the Southern boundary of Broad
Bay), running a distance of 280 feet along the Eastern property
line, running a distance of 192 feet in a Northwesterly direction
and running a distance of 115 feet in a Southwesterly direction.
Said parcel contains 3.4 acres. LYNNHAVEN BOROUGH.
Approval is subject to the following provisions in conjunction with
the intended use of the land:
1. Standard improvements as required by the Subdivision Ordinance.
2. City water and sewer.
3. No dredging, filling, bulkheading or other waterfront related
activity will be allowed without obtaining the necessary
permits from State, Local and Federal Agencies.
4. Adequate access is to be provided to the site from Irish Bank
Drive or Green Hill Road.
This Ordinance shall be effective from date of adoption.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the Eighteenth day of January, 1982.
- 3 4-
ORDINANCE UPON APPLICATION OF F. PATRICK KAVANAUGH Z0182631
FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM
R-1 RESIDENTIAL DISTRICT TO R-3 RESIDENTIAL DISTRICT
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
Ordinance upon application of F. Patrick Kavanaugh for a Change of
Zoning District Classification from R-1 Residential District to R-3
Residential District on certain property located on the West side of
Green Hill Road beginning at a point 1470 feet more or less North of
North Great Neck Road, running a distance of 879 feet more or less
along the West side of Green Hill Road, running a distance of 232
feet in a Northwesterly direction, running a distance of 130 feet
in a Northeasterly direction, running a distance of 342 feet in a
Northwesterly direction, running a distance of 115 feet in a
Southwesterly direction, running a distance of 222 feet in a
Northwesterly direction, running a distance of 1353.19 feet in a
Southwesterly direction, running a distance of 151.36 feet in an
Easterly direction, running a distance of 640 feet more or less
in a Northeasterly direction and running a distance of 240 feet
more or less in a Southeasterly direction. Said parcel contains
16.4 acres. LYNNHAVEN BOROUGH
Approval is subject to the following provisions in conjunction with
the intended use of the land:
1. The western 3.6 acres of this site is to remain R-1 Residential
District as shown on the revised plan for Green Hill dated
December 4, 1981.
2. Standard improvements as required by the Subdivision Ordinance.
3. City water and sewer.
4. No dredging, filling, bulkheading or other waterfront related
activity will be allowed without obtaining the necessary
permits from State, Local and Federal Agencies.
This Ordinance shall be effective from date of adoption.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the Eighteenth day of January, 1982.
3 5-
Voti ng 1 0 - 0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, Vice Mayor Harold Heischober,
Barbara M. Henley, Clarence A. Holland, M.D., W. H. Kitchin,
111, Reba S. McClanan, Mayor J. Henry McCoy, Jr., D.D.S.,
Meyera E. Oberndorf, and Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
E. T. Buchanan
- 3 6-
ITEM II-G.2-b ITEM #17664
Attorney Grover C. Wright, Jr., represented the applicant
Commander Curtin, Naval Air Station-Oceana, spoke on this matter
Upon moti on by Counci l man Ervin , seco nded by Counci l man Stand i ng , City
Council voted to uphold the recommendation of the Planning Commission
and APPROVE the application of ROBERT H. BRAITHWAITE for a Conditional
Use Permit , s ubject to the recommended cond ition s t ran smit ted in the
City Manager's letter, as follows:
ORDINANCE UPON APPLICATION OF ROBERT H. BRAITHWAITE R0182439
FOR A CONDITIONAL USE PERMIT FOR LANDFILL
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
Ordinance upon application of Robert H. Braithwaite for a Conditional
Use Permit for landfill on certain property located on the East side
of Oceana Boulevard beginning at a point 3643 feet South of Norfolk
and Southern Railroad, running a distance of 1168.16 feet along the
East side of Oceana Boulevard, running a distance of 2991.95 feet
along the Southern property line, running a distance of 1111.37 feet
along the West side of South Birdneck Road, running a distance of
1179.60 feet in a Southwesterly direction, running a distance of
1582.66 feet in a Northwesterly direction and running a distance of
1572 feet more or less in a Southwesterly direction. Said parcel
contains 19 acres more or less. LYNNHAVEN BOROUGH.
1. Approval is for a period of two (2) years.
2. Standard improvements as required by the Site Plan Ordinance.
3. No excavation or filling will be allowed without obtaining the
necessary permits from State, Local and Federal Agencies,
including the State Health Department, Division of Solid and
Hazardous Waste Management.
4. A 15-foot dedication along the frontage on Oceana Boulevard,
45 feet from the cehterline of the existing 60 feet right-of-
way to provide for an ultimate 90-foot right-of-way as per the
Master Street and Highway Plan.
5. The use of organic materials such as wood, brush, shrubs, trees,
paper, cardboard, ash and hazardous wastes shall be prohibited.
This Ordinance shall be effective from date of adoption.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the day of January, lo82.
3 7 -
Voti ng I 0 - 0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, Vice Mayor Harold Heischober,
Barbara M. Henley, Clarence A. Holland, M.D., W. H. Kitchin,
III, Reba S. McClanan, Mayor J. Henry McCoy, Jr., D.D.S.,
Meyera E. Oberndorf, and Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
E. T. Buchanan
- 38-
ITEM II-G-2-c ITEM #17665
Mrs. Betty McGroarty appeared in behalf of her application
Upon motion by Councilwoman Henley, seconded by Councilman Baum, City
Co unci 1 voted to upho l d the recommend at i on of the Pl anni ng Commi ssi on
and APPROVE the application of LEO C. AND BETTY L. McGROARTY for a
Conditional Use Permit, subject to the recommended conditions transmitted
in the City Manager's letter, as follows:
ORDINANCE UPON APPLICATION OF LEO C. AND R0182440
BETTY L. McGROARTY FOR A CONDITIONAL USE
PERMIT FOR A HOME OCCUPATION (BEAUTY SHOP)
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA:
Ordinance upon application of Leo C. and Betty L. McGroarty for a
Conditional Use Permit for a home occupation (beauty shop) on
certain property located on the West side of Fitztown Road
beginning at a point 210 feet South of Morris Neck Road, running a
distance of 105 feet along the West side of Fitztown Road, running
a distance of 210 feet along the Southern property line, running a
distance of 105 feet along the Western property line and running a
distance of 210 feet along the Northern property line. Said parcel
is located at 5413 Fitztown Road and contains .50 acre. PUNGO
BOROUGH.
Approval is subject to the following provision in conjunction with
the intended use of the land:
1. Compliance with Article 2, Section 229 of the Comprehensive
Zoning Ordinance pertaining to home occupations.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the day of January, 1982.
3 9-
Voting I 0 - 0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, Vice Mayor Harold Heischober,
Barbara M. Henley, Clarence A. Holland, M.D., W. H. Kitchin,
III, Reba S. McClanan, Mayor J. Henry McCoy, Jr., D.D.S.,
Meyera E. Oberndorf, and Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
E. T. Buchanan
- 40 -
ITEM II-G.2.d ITEM #17666
Ronald Bray represented the applicant
Upon motion by Councilman Ervin, seconded by Councilman Baum, City
Council voted to uphold the recommendation of the Planning Commission
and APPROVE the application of S. BURNELL BRAGG for a variance to
Section 4.4(b) of the Subdivision Ordinance, subject to the recommended
conditions transmitted in the City Manager's letter, as follows:
Appeal from Decisions of Administrative Officers in
regard to certain elements of the Subdivision
Ordinance, Subdivision for S. Burnell Bragg. Property
located on the North side of Shorehaven Drive at its
Western terminus. Plats with more detailed information
are available in the Department of Planning.
The applicant requests a variance to Section 4.4(b) of
the Subdivision Ordinance which requires lot dimensions
to conform to the Comprehensive Zoning Ordinance. The
applicant wishes to subdivide approximately 12.9 acres
into nine (9) lots. LYNNHAVEN BOROUGH.
Approval is subject to the following provision in con-
junction with the intended use of the land:
1. Site Plan improvements will be required.
Voting: 9-1
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, Vice Mayor Harold Heischober,
Barbara M. Henley, Clarence A. Holland, M.D., W. H. Kitchin,
III, Reba S. McClanan, Mayor J. Henry McCoy, Jr., D.D.S.,
and Patrick L. Standing
Council Members Voting Nay:
Meyera E. Oberndorf
Council Members Absent:
E. T. Buchanan
- 41 -
ITEM II-G.2.e ITEM #17667
Attorney Grover C. Wright, Jr., represented the applicant
Upon motion by Councilman Ervin, seconded by Councilman Standing, City
Council voted to uphold the recommendation of the Planning Commission
and APPROVE the application of ELIZABETH A. TWOHY for a variance to
Section 4.4(d) of the Subdivision Ordinance, as follows:
Appeal from Decisions of Administrative Officers
in regard to certain elements of the Subdivision
Ordinance, Subdivision for Elizabeth A. Twohy.
Property located at the Southern terminus of
Addington Lane. Plats with mare detailed
information are available in the Department of
Planning.
The applicant is requesting a variance to Section
4.4(d) of the Subdivision Ordinance, which requires
that all lots have direct access to a public street.
The applicant wishes to subdivide two (2) parcels
1.38 acres and 1.76 acres, respectively out of a
larger tract. LYNNHAVEN BOROUGH.
Voti ng 7-2
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, Clarence A. Holland, M.D.,
W. H. Kitchin, III, Reba S. McClanan, Mayor J. Henry
McCoy, Jr., D.D.S., and Patrick L. Standing
Council Members Voting Nay:
Barbara M. Henley, and Meyera E. Oberndorf
Council Members Abstaining:
Vice Mayor Harold Heischober
Council Members Absent:
E. T. Buchanan
- 4 2 -
0 R D I N A N C E S
ITEM II-H.1-a ITEM #17668
Upon moti on by Co unci l woman Oberndorf , seco nd ed by Co unci l man Baum,
City Council voted to uphold the recommendation of the City Manager
and ADOPT the Ordinance declaring Lot 23 Block 5 of the Plat of East
Norfol k in Kemps vi II e Bo rough EXCESS and authori zing the City Manager
to dispose of same.
Voti ng : I 0 - 0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, Vice Mayor Harold Heischober,
Barbara M. Henley, Clarence A. Holland, M.D., W. H. Kitchin,
Ill, Reba S. McClanan, Mayor J. Henry McCoy, Jr., D.D.S.,
Meyera E. Oberndorf, and Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
E. T. Buchanan
4 3-
AN ORDINANCF, I)ECillkF@IINIG L()T 23 BJIOCK
5 OF THE-PLAT OF EAST NORF'OIK IN
KEMPSVILLE 'liO@OUGH EX"'ESS AND
AUTHORIZING THE CI-@Y MANAGER
T(i DISPO@E bF. SAME
BE IT ORDAINED BY THE COUNCIT., OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
Whereas, in connection with the Bonney Road Project, the
City of Virginia Beach acquired a certain parcel of real property
located in Kempsville Borough, shoivn as lot nurpber 23 on that
certain p.lat entitled "Piat Showing Lot 23, Bloclc 5, East Norfolk
owned by. the City of Virgi,n.ia Beach Kempsville Borough - Virginia
Beach, Virginia Bureau of Surveys and mapping Engineering
Division Department of Public lqorks City of Virginia Beach,
Virginia," the said plat being dated October 1, 1981 and a copy
of which is attached hereto; and
Whereas, the City Council is of the (Dpinion that the
following described property is in ex--ess of the needs of the
City of Virginia Beach.
Now Therefore, Be It Ordained Bv the Council of the City
of Virginia Beach, Virginia:
That the following described property is hereby declared
to be in excess of the needs of the City of Vi.rginia Beach and
that the City Manager is authorized to convey said prouerty in
the manner he deems in the best interests of the City of Virginia
Beach, reserving thereiii any and all easements pertaining
thereto.
All @lhat certain lot, tract or parcel of land,
located in the City of Virginia Beach,
Virginia, known, numbered, and designated as
Lot 23, ir, Block 5, as shown on that certain
plat entitled "PLAT SHOWING LOT 23, BLOCK 5,
EAST NORFOLF, OW14ED BY Tf',F CITY OF VTRGIN.!A
BEACH KEMPSVILLE BOROUGH - VIIIIGINIA BEACH,
VIR@INIA BUREAU OF SURVEYS ANL) iiAveiN(,
El,;GINEEP@ING DIVIS-10iq 1-17 @u,@i,!C
WORKS CITY OF VIRGII@IA BFACli, VIR-@@.N-,A DATE:
OCT 1, 1981 SCALE: 1"=251
I'his ordinaiice sitall oe froin date c)f
adoption.
Note: Pursuant to 'i@-.1-307, Code of Virgini,-i, as
amended, a recorded affirinativc vote of three/foui:ths of all the
4 4-
members elected to tlie Couricil is f-or a(3oT)tion :)f -.hi.s
ordinance.
Adopted by the.Council of tlie City of Virginia
Beach, Virgi-nia, on the 18 day of January 1982.
GLF/re
12/8/81
12/16/81
(misc)
A:)PP,OVI,'@) AS TO ii-@,,;T
E)FPA,@TM@NT
-2-
- 4 5-
ITEM II-H.2.a ITEM #17669
Upon motion by Councilman Baum, seconded by Councilman Holland, City
Council voted to uphold the recommendation of the City Manager and
ADOPT the Ordinance to amend Sections 2-84, 2-85 and 2-86 of the
Code of the City of Virginia Beach pertaining to the schedule of
earning, taking and granting of annual leave.
Voting: I 0 - 0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, Vice Mayor Harold Heischober,
Barbara M. Henley, Clarence A. Holland, M.D., W. H. Kitchin,
III, Reba S. McClanan, Mayor J. Henry McCoy, Jr., D.D.S.,
Meyera E. Oberndorf, and Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
E. T. Buchanan
AN OPDIL@ANCF 'j'O Ar,!.FND SFiC"T,'I(-)NS 2-84,
2-85 AND 2-86 01@' THE CC)DE OF TffE
CITY OP VIRMNI@IA BU,"ACH
TO THE-SCIIEDULE; IJF EARNI@@c',, T,@KIt@'@-
AND GRANTING C).F ANNUAL LEAVE
BE IT ORDAI14ED BY TilE COUNCIL OF THE CITY OF VIRG-it@IA
BEACH, VIRGINIA:
That Sections 2-84, 2-85 and 2-86 of the Code of the
City of Virginia Beach is :),@rcby amended to read as follows:
Section 2-84. Annual leave Schedule of earning.
Except employees of the school board, all full-time and
part-time employees (excluding temporary employees) of the cit@,
who have actually worked for six (6) calendar months (or the
hourly equivalent for part-tiine eniployees) shall earn annual
leave as follows:
(1) All full-tiiite employees or appointees, excluding
firef;-ghtc@rs, t,'-iirty-five (35) or more hours
per work week shall be credi-led with forty-eight (48)
hours of annual leave after a period of six (6)
calendar nonths, a6d thereafter with:
(a) Eight (8) hours per month for each month of
employment for employees having accrued the
equ4-valent of less than five (5) years of
full-time employment.
(b) Ten (10) hours per month for each month of
employnent for employees having accrued the
c@ul-val-en" cf five (5) or more years, bul, 'I.ess
than ten (10) years, of full-time employment.
(c) (!2) n,@urs per month for each month of
employT.nent for employees havil,g accrued the
equivalent of itiore than ten (10) years, but less
th@- fil:teen. (15) years, of full-time emp-l-oy,rcnt.
4 7 -
(d) Fouri-eeii (14) hours per month for each Tnonth of
employnient for!elTiployee.@, havilig accr'-Ied the
equivalent of iitore than fi-fteen (15) years, btit
less than twenty (20) years, of full-time
employment.
(e) Sixteen (16) hours per month for each month of
employment for employees having ac6rued the hourly
equivalent of twenty (20) or more years of
full-tinie employinent.
(2) All part-time employees (excluding temporary employees)
,or appointees actually working more-than one (1) hour
but less '.han tei (10) hours per wlek shall be credited
with six (6) hours of annual leave after accruing hotirs
of part-time employment equal to six (6) months of
full-time eiap'Loyment, and thereafter annual leave shall
be earned by such part-time employees at the following
rate:
(a) One (1). hour of annual leave for each month cf
e,-nploy,-,.en" for employees liaving a--,-,rued t@-- hourly
equivalent of less than five (5) years of
full-time employment.
(b) One and one-fourth (1 1/4) hours per month of
employment for employees having accrued the hourly
equivalent of five (5) or more years, but less
than ten (10) years, of full-time employment.
(c) One and one-half (1 1/2) hours per month of
employment for entployees having accrued the hour'@Y
equivalent of ten (10) or more years, but less
than fifteen (15) years, of full-time employment.
f d Gn--@ (1 3/4) @lot3t@@, rontli of
employi,,ienl- .1c,,r employees having a--crued the lio(,rly
equivaleTit of fifteen (15) or more years, but less
f f , I I t
-2-
4 8-
(e) Two (2) hotir.- p@.r morit-,Ii of F@r
empl.o-,iees h@%,irig accrl!ed the h')ul-ly eaui,.,alellt of
twent@, (20)-years or more of
empl@c)yr-,icnt.
3.) Al.'@ part-tiinc empl-,)yees (excltidific@ temporary employ(,@s)
or appointees actually working at least ten (10) but
less than twenty (20) hours pei.- week shall be credited
with twelve (12) hours of annual leave after a--cruing
hours of part-tiine ei,,iployment eaual to six (6) months
leave
of full-tiine e.Ppl()ymeiit, and ttiereafter i-nnual
-sh,ill be farned by-such employees at the following
rate:
(a) Two (2) hours per month of employrqent for
emplo@.,ees having accrued -,he hourl,v equivalent oL'
less than five (5) years of full-11--,,ne e,@ploymen,
(b) Two and one-half (2 1/21/ hours per month of
eriiployr.@ent for employees having accrued the hourly
equivalent of f"ve (5) or more years, but less
t!,a;,, to@-i "C" of ful@-t'-,-c
(c) Three (3) hours per month of employment for
employees havinq accrued the hourly equivalent of
ten (10) or more years, but less than fil'teen (15)
years, of full-time employment.
(d) Threc and one-half (3 1/2) hours per ffonth of
employment for employees having accrued the hourly
equivalent of fifteen (15) or more years, but less
than twerity (20) years, of full-time employmen,
(e) Four (4) hours per month of einpl-oyment for
employec-s haviiig accrued the hourly equivaler,,t of
ror",
57 or i
(@1/2 All nar-- t 4-nic 2,,nplove-s (excluding tein-(',rarv erploveps)
or appointees actliall.y workiiig at ].east t,,ic,.nty
shall be credited with twenty-four (24) hour-q of
-4Q-
of icc@-@ucd hokirs o" part-tirne
ei!iployine,it c,.qual -'(5 @.ix (6) months of full-time
e@9r.)Iolvment, and-thereal@ter annual leave shall be carned
by such employees at the following rate:
(a) Four (4) hours @)--r mo-th for each month of
emplovment for employees having accrued the liourly
equivalent of less th-an five (5) years of
@-ull-time emplo@@ient.
(b) Five (5) hours -,Der moiith of employnient fo'r
employees having accrued the hourly equivalent of
five (5) 6,, -nore years, bu-, less tlian ten (10)
years, of fui@k-tiine eniployinerli-.
S4.x (6) hours per month of eirployment for
emplo,,,oes havi-ng accrued the hourly equivalent of
ten (10) or more i,ears, but less than fifteen
(15) years, of full-tijne employnient.
(d) Seven (7) tiolirs per month of employment for
employees having accrued the hourlv eOL)i.va.tent r)f
ec- (15) Di: nore years, bu'l- less thai-I twenty
(20) years, of full.-time emoloyment.
(e) Eight (8) hours per month of employment for
employees having accrued the hourly equivalent of
twenty (20) years or more of full-time
employment.
(.5) All part-time employees (excluding temporary emplovees)
or appointees actually working rnore-thait at least
tliirty (30) hours, but less than tliirty-five (35) hours,
per weel@- shall be credited with thirty-six (36) hours
of annual leave after Accruinq hours of Dart-ti-me
ai@d thereafter annuil leave shall be @-arn--!
b@, such employees at t'le fol'@owin,;, rate:
employinent '@or employees havirig accrued the hokirly
50 -
eqtjiv@zt-le@r,.t of lo,,s tiia.!.! @t@ivc@
full-time emp@c)yinerit.
( b) Seven';and one-.ha-If (-/ 1/2y hours 1)cr .T,.onth of
employmen'l- for having occrued ',-he hourly
equivalent o' -ri.vc (5' or yf,@,,rs, but lesz
than ton (10) years, cniployfoeiit.
(c) Nine (9) hours p--r @llionl--@i of @-rplc)ynient for
employees having accrued the h(jLiLly equivalent of
ten (10) or more years, but less ttian fift--eri (15)
yea.rs, of @Lill-time em.,Ol-o,,ment.
(d) Ten and one-lialf (10 1/2) hours ger month of
employment for eniployees having accrued the hotir'LY
equivalent of fi-@teen.(15) Dr more years, b,-,t less
than t;venty (20) years, of full-tiile employflient.
(e) Twelv-- (12) houi:s oer iii.-ntli of emTD'oym-.nt -@or
employees having ac-crue(i tlie hourly eqllivalent o@-
twenty (20) years or more of full-time employment.
(6) The hours of annual leave earned for each hour worked
by firefighters shal.1 be co-mliuted by multiplying t,-le
number of hours worked by the following:
(a) .046 fol- havi-ng accrued the hourlv
eryuivalerit of )-(-ss than five (5) ,ears of
full-tinte emplovii@.nt.
(b) .058 for emplo-vees having accrued the hourly
equivalent of @@ive (5) or more years, but less
than ten (10) years, of full-time employment.
(e) Ot-D9 foi- emplo-vees hav-@Ing @iccrue(I the hourl.y
equi.valent of ten (10) or more years, but I_ess
than fifteen (15) vears, of fuli.--tiine employff,en.,,-.
(d) .081 f,,r emr@lovees having accrued the hourly
y c- a,- s
thaii twenty (/-O) years, of ful.1-time einployment.
51-
(e) .092 for e,,iploy(,@,s hav4.,gg iccr-@e(i ',!,,e lioirly
equival.ent of twerit,l f2i)) y@.ar@-, or more )f
full-ti.me empl,)Diient.
(7) All part-time employees (exc!L,.d3.ng temporarl, cmploycc,@)
or appointees actually working a varied number of hours
oer week shall be credited with aniii-lal )-eave based on-
the total number of hours worked in two (2)--co.nseciallive
seirii-morttl,ily-pay periods each iri.onth which is averaged
according to the foll winsl scheduled rates. After-
accruirig hours of par',-time e@nIDlovinePt to -,he hourlv
equivalent-of six (-O) moiths of ftill-tim,-- employment,
but-less than the-tiourl@, equival--nt of five (5) e,@rs
of fu-ll-tirie e,:.ployi-,ic2nt:
(a) Part-timc employees who acl.ually worked one (1)-
tiour but no itiore than thirty-nine (39) hours i-r!
the two (2) consecutive seiii-.inon@.Illy pay per'@C)ds
conta-@@ned in one (1) calendar month sha"I earzi one
(1) hour of annual leave -for each month of
eniployment.
b) :1 a 41- i r-,-,c =..p 1 " Y;-, c s whr, zic -. u a 1 1 y ,,,c rk @ d f 0 r t
hours but no more tiian seventy-nine (79) hours in-
the two (2) consecutive semi-monthly pay peri d@.s
contained in a calendar month shall earn two (2)
hr,urs of annual. leave for each month of
employineiit.
(c) Part-time emjployees who actually worked eiqhtv
(80) hours but no more than one hundred nineteen
(.119) hours iii the two (2) consecutive
semi-monthlv pay periods conta-@@ned in a calendar
Tponth shall. earn four (4) hours of annual- Ic@avE,
(d) e-Tplcyeas wh,) acttiall-.7 worked on@.
hundred twcnt (120) hours but no -@,cro "han c)rie
cc)il,@ecLitive s( -i@, -@@n@hl@ @y eric)ds contairi(-',J in
5 2 -
a@ cal PI()ntYi ear ri six (C, ho tirs of
annual leave fb-r e-ach month of einployment.
(8) All part-t.i.me eTnl-,Ioyees (excluditic, temporary employees)
or af)pointees actually workiiig a varied number of hours
per week shall be credited witli ar)nual leave based on
the total numt)er of hours worked in two (2) consecutive
ser,i.-monthly pay periods averaging each month according
to the following scheduled rates. After accruing hours
4-
oLk@rL-lime employmetit to the hourly eclu;lvallent of
five (5) years of full-time employment, but less than
the hourly equin@@lent oF ten (10) years of full-time
"@p
(a) Part-time @@lo@@@who actually worked one (1)
hour but iio more than thirty-nine (39) hours in
-he two (2) consecutive st,7
-LL-@o pa- periods
contai.ned in one (1) calendar month sha@.1 earn one
and one-fourth (1 1/4) hours of annual leave for
each inoiit@ of einployment.
(b,' cf:pl-oyccs ferty (40)
hours but no more than seventy-nine (79) hours in
the two (2) consecutive semi-monthl.y pay periods
contained in a calendar month shall earn two and
one-half (2 1/2) hours of annual lea@le for each
n,onth of employment.
(c) Part-time employees who actually worked eighty
(80) hours but no more I.van one hundred ni-neteen
(119) hours in the two (2) c(insecuti.ve
semi-monthly pa,,, periods contained in a calendar
month shall earn five (5) liours of ann!ia@@---leav-e--
I%di Part-t,"i-,c-,. cirplovocs who a--tLIa']V ,orl,,ce --,-e
hiindred twerity (120) "ours btit ro ,nore thar. on@
---------------
consecutive semi.-inonthly pay perio,3@, cc)i,@tainc-,.d iil
.-7
5 3 -
a calerc)iir mc)rji-li @3.,ve,-i iind (7
1/2) hOLIrF@ C),@@'annual lpave fc)r each month of
emplbymeiit.'
(9 All part-time employees (exclu@-itiq tc,.mr)ora- e.,np 1- oe@s
or appoiritees actua@ a vai:i2d @iumbe.- of liours
per week shall be crcdited witi) anriual leav-- based on
the total ntimber of-hOLirs worked in t@,;o (2) consecutive
-semi-mo ay peri.o&s averaqiii-7 eal-h month according
to the following schedulcd accru4-ng hours
of part-time employmen-I to -the hourly ,quivalent of ten
(10) years of f'u@L-1-time eiiiployplerit, but less
than the hourly equivalent of fifteen (15) Of-
full-time employment:
(a) Part-time einployees wiio actually worked one (1)
hour but no more thall thirty-nine (39)-hours in
the twc) (2) consecutive semi-r,-@onthly pa@y perilocds
contaiiied in one (I') calendar inonth sl,.all earri oie
a.nd one-half- (i 11/2) hours of annual leave fcr
each month or empioyirient.
(b) Part-ti.me employees who actually worked forty lk4O)
hours but no more ttian seventy-nine (79) hours -'@ll
the two (2) consecutive seini.-monthly pay periods
contained in a calendar month shall earn three (3)-
hours of annual leave for each month of
employment.
M-1@y
(c) Part-time e -- cos wh-- ac'lually wcrked eighty
(80) hcur@3 bul@- no nor,: than cne hundred nineteen
(119) hou@s '-n ".@le t,.,-o (2) consecutive
sem@ ccnl@in,-d 4@n a calendar
kol i,uurs UL aliiiual leavl- @or
eacti c,
(d) Part-ti-,).Ie aci:uallv worked one
hundred thirtv.-riii,, @'139) lictirs i.,. th@ two (2)
5 4-
consecu,";@@,,e semi-ifionthlv -,av poiiods @!,)iita@'ned iii
a calendar moiith shall earn ten and one-half (10
1/ ) h..,:s f annual leave for each month of
employmerit.
(10) Al@p
-_ 1 m - el ri r
@e-npl,(jyees ((,:@cludi.nq
or appointees- actually working a varied-iiunki)er of hours
week shall be credited witli-annua'L '@ea,7e base,-l oi-@
the total number of hours i@iorked in two (2) consecut4.ve
@y periods averaqing each month C -,L, L @l
to thc fo'-Iowirg scheduled rates. After accruing hours
of part-time emplovment to the houriv equivalent of
fifteen-(15) years of full-time employment, but less
than the I-.ourly equivalen", of twent.Y (20) years of
full-time employmen .
(a) Pa t@-@,-,,e -n@ployees who actually worked one (1)
hour bu-t no. more thah thirty-nine (39) hours in
the two (2) consecutive sem Deriods
con-lained in one (1) calendar i,-,ontili shall @arn or@e
and three-fourths (1 3,/4) hours of annual leave
for each month of employment.
(b) Part-time e@nployees i-iiio actually worked forty (40)
liours but no more @ha- scvcnty-ninc (7911 @ours in
the "wo (2) consecuti-ve scmi-m@nthly pay pcriods
contained in a calendar nonth shall earn three and
one-half (3 11/2) hours of annual leave for each
month of emplovment.
(c) Pa--t-time employees who actually wo--ked i@cihty
(80) hours but no more than one hundred iiineteen
(119) hours in the t@ic (2) consecuti-ve
semi-@nonthly Pav ;Derieds c,@ntainFd jr,, in.
,iiorii:ii siia-l-i earn sev,,ii (7) :-c)u,.:s or aiinzi@,i -LeEive
for each inonllh of eiiiployment.
-9-
5 5 -
(6) Part-'@-iiiio :@l.c)vees wlic@ actually wc)rke-d one
hundred twc -y @120) hc)i@r@ but r,,.o inore ti@a,ri one
I)uild@ed (139) 'Liours in the two (2)
consecutii%,e semi-montil-ly@a@_periods contained in
a ca'Lendar inonth shall c@arn and one-half (10
1/2) hours of annual lea%,e for each month of
empl.oyment.
L@PZL t@ti.me Fmployees Le@ u@ding @emi3orarv emT-)].ovees)
or appo4-ntees actuall-y worl-inq a varied number of houi-@-
Eer week shall be credited with annual leave based on-
tlie total nLinibe'r'6f hours worked in two (2) consecutive
semi-ip,Ol) ods averaging each month accordi.nq
to the following schedule rates. After accruing hours
of part-tint(, ernployinent to the hourly equivalent of
twenty (20) or more yearq of ftill-timf.'- employment:
(a) Part-time employees who actually worked one (1)
hour but nc) iiore than thirty-nine (39) Iiours "n
the t@.?o (2) consecuti-,.,e sem,'--@.onthly pai
contairied in one (1) callendar month snall earn two
(2) hours of annual leave tor eacb month of
employnient.
(b) Part-time employees who actuall-y rked forty (40)
hours but no more than seventy-nine (79) hours in
the two (2) consecutive senii-niohthly pay periods
contained in a calendar month shall earn-four (41
hours of annual leave for ca-,h morith ol@
employment.
(e) Pa t-time e@loyces who actuall.v worked eigh@
-(8-01) ho-,irs biit o -,ore than or.@e hjrdr@d
ii,)urs iri Lwo (2) colisecutive
sc-trti-,.,iotitihlv pay peri.o(-Is contr-.-ined --'n a cal.@n@ar
month shall earn eight (8) hours of an.,iuzil lcav2
-10-
5 6 -
(d) Part-tim@e,7 _es
hundred twenty..(120) liours bu'-, r,.o inore than on(-,
hundred thirty-nirie (131)) 1,@ours in the two k'2)
-consecuti.ve semi-monthly pay-reriods contai.ned i@.n-
a calc-n(lar montli shz,,Il. (121 liours
annual leave L-or each ,Tiontli of u.iriplovTfiert.
Section 2-85. Saine - Takitig i-iot required; limitai-.ions on
accumulation.
No employee shall bc required to 'l-a@-@ cniilial ).eave. No
employc,e shal.1 be paid for unused arinual ifave except Lipon
terminati@n of employment. Upon termination, employees shall be
paid straight time for accrued annual leave; and payment shall be
processed as exocditiously as idossible. No c,,nployee shall be
allowed to carry more than three hunclred ti@irty--six (336) ii--Lirs
of accumulated annual leave from one calendar year to the next,
nc)r shall any eml@lo,,lee who empic)yirerit- witli tile city
receive Day for more thaii three btlildred tilirtv-,,i.x k,336) hours of
accui,,ul@a-led a@-,nual@ leave.
Section 2-86. Same - Grant and scheduling; records and reports.
(a) Ttie schedu'Le of earning of annual leave for
individuals orpicyed for portions of a. --alcndar month or whc-n -'@n
a nonp@@, srtatus ard the I-ro--edures for granting, schedul4-ng and
recording annual leave for both @lull-time and idai't-time eTaT)lovees
shall be adhered to in accordance with the City of Virginia
Beach Annual LeaN7e_Policy and Procedurp-.
+tt@(b) Annual leave under this d4-vision shall be granted by
tiie head of each depa,.-tinent, who shal@l L--repare a schedule of
anr)tial.leave, the wisties cf the iridi,vi-dual as to date being
consi-dered. SLich leive ho@ t-akcl t--he or)inion ol-
the of tlie with the
operation of @'he businers of thl-@ depa--Ilment.
5 7 -
@b@(c) Under no-circLi@,istaiices. shall aiinuaj -LE-ave be grai-ite,-'
i.n advatice of i L
us accrual.
@e@(d) The he-ad of c-@zicti dlpartrpeiit shall maintairl a record
of the annual leave accumulated and aniiual leave takl'n by cact',
employee withi-n bis departiicnt arid, at thL' end of each calendar
year month, shall submit a repor'L-. to the department of personriel
indicatitig the leave accumulated and.leave taken during the
calendar year month.
Tliis Ordinpnce shall- be effecti,,,e on and allter ',-lie da-Le
of i-s adoption.
L
Adopted by the Council of the City of Virginia Beacti,
Virg4-ni-a, on the -18 day of -January 1982.
RHM/da
(A)
12/16/81
12/29/81
1/6/82
- 5 8-
F I R S T R E A D I N G S
ITEM II-H.3.a ITEM #17670
Upon motion by Councilwoman Oberndorf, seconded by Councilman Standing,
City Council voted to uphold the recommendation of the City Manager and
ADOPT ON FIRST READING the Ordinance to appropriate funds of $53,777
to enhance various programs in the Department of Mental Health.
Voting: 9- 0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, Vice Mayor Harold Heischober,
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 Abstaining:
Barbara M. Henley
Council Members Absent:
E. T. Buchanan
- 5 9 -
AN ORDINANCE TO APPROPRIATE FUNDS
OF $53,777 TO ENHANCE VARIOUS
PROGRAMS IN THE DEPARTMENT OF
MENTAL HEALTH
WHEREAS, there is a need for various comprehensive mental
health services, many of which were reduced by federal funding cutbacks;
and ,
WHEREAS, funds are available due to increases in fee revenues
and additional funding from state substance abuse revenues; and,
WHEREAS, no local funding is required.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA:
That funds of $53,777 be appropriated as follows to the
Department of Mental Health for the following programs:
Volunteers of America Independent
Living Facility $14,443
Elderly Respite Care Program 3, 43 8
Comprehensive Mental Health Services
Outpatient Unit 2,431
Mental Retardation Respite Program 4, 900
Comprehensive Substance Abuse Program 48,565
Total Appropriation $53,777
BE IT FURTHER ORDAINED that the appropriations be financed by
$25,212 in estimated revenues from fees and $28,565 in state substance
abuse revenues.
FIRST READING: 18 January 1982
SECOND READING:
Adopted by the Council of the City of Virginia Beach,
Virginia, on the day of 1 1982.
- 60 -
ITEM II-H.3.b ITEM #17671
Upon motion by Councilwoman Oberndorf, seconded by Councilman Ervin,
City Council voted to uphold the recommendation of the City Manager
and ADOPT ON FIRST READING the Ordinance to accept Grants totaling
$28,797 from the Division of Justice and Crime Prevention and to
appropriate these funds.
Voting : 1 0 - 0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, Vice Mayor Harold Heischober,
Barbara M. Henley, Clarence A. Holland, M.D., W. H. Kitchin,
III, Reba S. McClanan, Mayor J. Henry McCoy, Jr., D.D.S.,
Meyera E. Oberndorf, and Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
E. T. Buchanan
- 61 -
AN ORDINANCE TO ACCEPT GRANTS TOTALING
$28,797 FROM THE DIVISION OF JUSTICE
AND CRIME PREVENTION AND TO APPROPRIATE
THESE FUNDS
WHEREAS, City Counc i I is i nterested in i mproving the J uveni 1 e
Justice System within the City of Virginia Beach; and,
WHEREAS, Grants totaling $28,797 from the Division of Justice
and Crime Prevention is available for these purposes; and,
WHEREAS, no local funds are required.
THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
That funds from the above Grants be accepted and $28,797
be appropriated to the Court Services Unit and the Court Docent
Program for the remainder of the FY-82 Operating Budget as follows:
Court Docent Program $ 2 , 3 7 5. 0 0
Runaway Hotline Program 8, 3 48. 0 0
Sierra II, Wilderness Stress Program 18,074-00
Total Appropriation $28,797-00
BE IT FURTHER ORDAINED that estimated revenues from the
federal government be increased by $28,797 to finance the appropriation;
and ,
BE IT FURTHER ORDAINED that personnel positions as currently
authorized for these Grants be paid from the Grants, with the employee
class to be determined by the City Manager, be continued.
This Ordinance shall be effective from date of adoption.
FIRST READING: 18 January 1982
SECOND READING:
Adopted by the Council of the City of Virginia Beach,
Virginia, on the day of 1 1982.
- 6 2-
A P P 0 I N T M E N T S
ITEM I I- I - 1 ITEM #17672
Upon nom i nation by Co unci l man Ho l I and, City Coun ci 1 APPOINT ED Reeve s E.
Johnson to the TRANSPORTATION SAFETY COMMITTEE to fill the unexpired
term of Floyd E. Waterfield, Jr., term expires October, 1984.
Voti ng : 1 0 - 0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, Vice Mayor Harold Heischober,
Barbara M. Henley, Clarence A. Holland, M.D., W. H. Kitchin,
III, Reba S. McClanan, Mayor J. Henry McCoy, Jr., D.D.S.,
Meyera E. Oberndorf, and Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
E. T. Buchanan
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ITEM II-J.1 ITEM #17673
The City Clerk advised the Abstract of Votes for the Special Election
held January 12, 1982, for a Member of the Senate from the 5th-6th-7th
District will be made a part of these proceedings.
MERRILL LYNCH ITEM #17674
By consensus of Council, Mayor McCoy advised he will schedule a briefing
with Merrill Lynch to meet with Council to discuss the future financing
plans of the City.
E X E C U T I V E S E S S I 0 N
ITEM II-K.1 ITEM #17675
Upon motion by Councilman Holland, seconded by Councilman Ervin, City
Council voted to RECESS into EXECUTIVE SESSION (3:35 p.m.) for the
purpose of discussing Personnel Matters and Legal Matters, and to
adjourn thereafter.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin*, Vice Mayor Harold Heischober,
Barbara M. Henley, Clarence A. Holland, M.D., W. H. Kitchin,
III, Reba S. McClanan, Mayor J. Henry McCoy, Jr., D.D.S.,
Meyera E. Oberndorf, and Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
E. T. Buchanan
*COUNCILMAN ERVIN VOICED A VERBAL "AYE"
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A D J 0 U R N M E N T
ITEM II-L.1 ITEM #17676
Upon motion by Councilman Ervin, City Council adjourned at 5:35 p.m.
Yi-a Deputy City Cle@k
R th Hdg@@ ith, Cty Clrk ayor J. enry Mc oy, Jr., D.D.S.
City of Virginia Beach,
V i r g i n i a
18 January 1982
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