HomeMy WebLinkAboutDECEMBER 7, 1981 MINUTES
"WORLD'S LARGEST RESORT CITY"
CITY COU,14CIL
,MAYOR J. HENRY M@COY JR., D.D.S., K,.P@.ill, B.-.gb
VICE-MAYOR HAROLD HEISCHOBER. A, L.,g@
JOHN A. BAUM, B---Sb
E. T. BUCHANAN, L ... b.... B@,..gh
F. REID ERVIN, A@ L.,g,
BARBARA M. HENLEY, P-g- 8-@-gb
CLARENCE A. HOLLAND, M.D., S.y.ii. B.-.gb
W. H. K17CHIN, /It, Vilgi-i- B--lb B---gb
REBA S. M,CLANAN, A@@, B .... gb
,4EYERA E. OBERNDORF, A, L.,g@ 212 CITY HALL BUILDING
PATRtCK L. STANDING, A@ L.,S@ MUNICIPAL CENTER
VIRGINIA BEACH. VIRGINIA 23456
RUTH HODGES SMITH, Ci,Y Cl-li (804) 427-4303
CITY COUNCIL AGENDA
December 7, 1 981
ITEM I MEETING WITH LEGISLATORS: 10:30 a,m.
ITEM II INFORMAL SESSION: 12:00 noon
A. CALL TO ORDER - Mayor J. Henry McCoy, Jr., D-D,S,
B. ROLL CALL OF COUNCIL
C. MOTION TO RECESS INTO INFORT.IAL/EXECUTIVE SESSION
D. PRESENTATION/DISCUSSION OF PERTINENT MATTERS
1. Matters for discussion by Mayor.
2. Matters for discussion by Council.
3. Newtown Road/Diamond Springs Road Traffic Study: Discussion.
Discussion of problems being experienced by
n;
O'd Lagoo
residents o Forest Glen Road.
ITEM III FORMAL SESSION: 2:00 p.m.
A. INVOCATION: Reverend Jerry Holcomb
Kings Grant Baptist Church
B. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
C. ELECTRONIC ROLL CALL OF COUNCIL
D. MINTUES OF PREVIOUS MEETING:
1. Motion to accept/approve the Minutes of Nov6mber 23, 1981,
2
ITEM III E. CONSENT AGENDA
All matters listed under the Consent Agelida are considered to be
routine by the 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 desirpd, that item will be removed from
the Consent Agenda and considered separately.
1. City Manager's request for deferral of an ordinance to amend
and reordainSection2l-396(a) of the City Code pertaining
to the deposit of coins in parking meters.
2. State-Local Hospitalization contract:
1980-81 1981-82
Community Mental Health Center $171.31 $168.60
3. Request of the Commissioner of Revenue for license refunds
in the amount of $451.47.
4. Request of the City Treasurer for tax refunds in the amount
of $1,552.30.
5. Ordinance, on SECOND READING, to accept funds in the amount
of $34,372.00 from the Southeastern Virginia Areawide Model
Program (SEVAMP) and to appropriate $18,625.00 to various
departments.
F. PLANNING ITEMS
1. Application of Woods Corner Associates, Ltd., for a change of
zoning from R-6 Residential District to R-8 Residential District
on an 80.2-aTr-e parcel located iou-th of Lynnhaven Parkway, east
of Centerville Turnpike (Kempsville Borough). This matter was
deferred until today on November 9, 1981.
a. Letter from the City Manager transmits the recommendation
of the Planning Commission for approval.
2. Application of McKenzie Building Corporation for a change of
zoning from A-1 Apartment District to B-4 Resort-Commercial
District on a .43-acre parcel located along the south side
of 25th Street, east of Arctic Avenue (Virginia Beach Borough).
This matter was deferred until today on November 9, 1981.
a. Letter from the City Manager transmits the recommendation
of the Planning Commission for approval.
3. Application of Alonzo D. Twiford for a variance to Section 4.4(a)
and (b) of the Subdivision OrTi-nance foF a s-ite located on the
west side of Princess Anne Road, south of Stowe Road (Pungo Bor-
ough). This section requires that lot size, width, depth, shape
and orientation, and minimum building setback lines shall be
appropriate for the location of the subdivision and type of use
contemplated and that lot dimensions shall conform to the Com-
prehensive Zoning Ordinance. Mr. Twiford wishes to subdivide
2.02 acres into two equal parcels. This matter was deferred for
two weeks on November 23, 1981.
a. Letter from the City Manager transmits the recommendation
of the Planning Commission for approval.
3
ITEM III G. ORDINANCES
1. General
a. Ordinance to authorize a temporary.encroachment into
a portion of the right-of-way of Wythe Lane to
William H. Starnes, his heirs, assigns and successors
in title.
City Manager recommends approval.
b. Ordinance to authorize a temporary encroachment into
a portion of the right-of-way of Ocean Avenue to
Somers M. Wilton, Sr., his heirs, assigns, and successors
in title.
City Manager recommends approval.
c. Ordinance to authorize a temporary encroachment into
a portion of the right-of-way of Ocean Avenue to
Kathleen Chapman, her heirs, assigns, and successors
in title.
City Manager recommends approval.
2. Bids
a. Low bid of A. Stuart Bolling Company, in the amount of
$148,380, for the Blackwater River Crossing; and,
authorize the City Managor to enter into the necessary
agreements for the implementation of this project.
City Manager recommends approval.
b. Low bid of Coleman Construction Corporation, in the
amount of $101,314, for the Parks and Recreation Office
Renovation; and, authorize the City Manager to enter into
the necessary agreements for the implementation of this
project.
City Manager recommends approval.
H. UNFINISHED BUSINESS
1. Notification of Informal Meetings of Local Governing Bodies
(Item No. 13 of Legislative Package adopted November 23, 1981)--
REMOVE Recommendation from Legislative Package.
1. NEW BUSINESS
4
ITEM III J. RECESS INTO EXECUTIVE SESSION
1. Motion to recess into executive session.
K. ADJOURNMENT
1. Motion to adjourn.
I N F 0 R M A L B R I E F I N G S E S S I 0 N
SPECIAL JOINT MEETING
VIRGINIA BEACH CITY COUNCIL
AND
CITY'S REPRESENTATIVES OF THE GENERAL ASSEMBLY
An INFORMAL BRIEFING SESSION of the Virginia Beach City Council and the
City's Representatives of the General Assembly was called to order by
Mayor J . Henry McCoy, Jr . , D. D. S. , in the Conferen ce Room, Ci ty Hal 1
Building, Monday, 7 December 1981, at Ten-Thirty in the morning.
Council Members Present: Representatives Present:
John A. Baum Senator A. Joseph Canada
E. T. Buchanan E. Corbell Jones, Administrative
Vice Mayor Harold Heischober Assistant to Senator Peter K.
Barbara M. Henley Babalas
Clarence A. Holland, M.D. Senator William T. Parker
W. H. Kitchin, III Senator Stanley C. Walker
Reba S. McClanan Delegate Glenn B. McClanan
Mayor J. Henry McCoy, Jr., D.D.S. Delegate J. William O'Brien
Meyera E. Oberndorf Delegate William R. O'Brien
Patrick L. Standing Delegate Owen B. Pickett
Delegate Melvin M. Spence
Council Members Absent: Representatives Absent:
F. Reid Ervin Senator Joseph T. Fitzpatrick
2-
ITEM #17469
The City Council met with the Legislators to discuss the Legislative
Package adopted by Council on November 23, 1 981 , item numbers 1 7449,
1 7450, 1 7451 , and 1 7452.
1. Inter-Basin Transfer of Surface Water and Util ization of Ground Water
Recommendation: The General Assembly should enact legislation
allowing for the inter-basin transfer of surface
water which adequately protects the health and
economic interests of the City of Virginia Beach
and Southeastern Virginia. The General Assembly
should also grandfather the rights of the City
of Virginia Beach obtained under its contractural
agreements with Suffolk, Isle of Wight and
Southampton Counties in any legislation controlling
the utilization of ground water.
2. Funding of Education
Recommendation: The General Assembly should raise the per pupil
allocation for 1982-83 to $1,638 and for 1983-84
to $1,801, which is recommended by the State Board
of Education and reflects the actual cost of the
Standards of Quality. In addition, the General
Assembly should fund programs for the gifted and
talented, vocational education, special education
and kindergarten; andthe funding of half-day
kindergarten should be on the same basis as full-
day kindergarten.
3. Increased Highway Construction Funding
Recommendation: The General Assembly should convert the State
gasoline tax to a percentage of the wholesale
price instead of a fixed amount per gallon, and
amend Section 33.1-23.1 of the Code of Virginia
to substitute a new system for allocating con-
struction funds to localities based upon need.
4. Expanded Sources of Local Revenue
Recommendation: The General Assembly should amend Section
58-441.49(b) of the Code of Virginia to
allow localities to levy a general retail
sales tax at the rate of two percent to
provide revenue for the general fund.
3-
5. Construction of Virginia Museum of Marine Sciences
Recommendation: It is requested that the General Assembly appropriate
$1.5-Million to be used as the Commonwealth of
Virginia's share of the construction costs of the
Virginia Museum of Marine Sciences.
Mr. Mac Rawls, Executive Director of the Virginia
Museum of Marine Sciences, presented a film report
on the proposed Museum. Mr. Bob Mullen, Educational
Media Center, assisted with the film.
6. Proration of Personal Property Tax
Recommendation: The General Assembly should amend Title 15.1
of the Code of Virginia to allow all Cities
the option to provide for the levy and col-
lection of personal property taxes on motor
vehicles, trailers and boats on a prorated
monthly basis whenever they come into the
City.
7. Increased Appropriation for Pendleton Child Service Center
Recommendation: The General Assembly should increase its
appropriation to the Pendleton Child Service
Center from $100,000 per year to $130,000 per
year.
8. Disability from Respiratory Disease, Hypertension, and Heart Disease
Recommendation: The General Assembly should amend Section 65.1-47.1
of the Code of Virginia to state that heart and lung
d i sa b il iti es for f irefigh ters and pol ice officers
which are presumed to be job related, may be refuted
when competent evidence indicates such impairment
did not arise out of the line of duty.
9. Credit of all VSRS Contributions to Employee's Account
Recommendation: The General Assembly should amend Section 51.111.46
of the Code of Virginia to allow employee contributions
paid to VSRS by the employer to be credited to
employee accounts for all employees in the system.
'o. 'ity Co uncil Rei.bLirsement for Personal Expenses While On Official
B.siness
Recommendation: The General Assembly should amend Section 14.1-47.2
of the Code of Virginia to allow members of City
Councilsto be reimbursed for any personal expenses
incurred by them while on official business.
-4-
11. Arrest on Past Misdemeanors Upon Probable Cause and Reasonable
a i n t
Recommendation: The Genera l As sembly s ho ul d amend Section 1 9. 2-81
of the Code of Virginia by adding on line 24 after
1 8. 2-103 the words "assault and battery, larceny
and destruction of property."
12. Elected School Board with Power of Taxation
Recommendation: The General Assembly should study the possibility
of allowing localities the option of having a
locally-elected School Board which has the power
to raise taxes for school expenditures.
13. Limitation on Claims of Assets of Dissolved Corporations
Recommendation: The General Assembly should amend Section 13.1-101
of the Code of Virginia to add the following clause:
"Provided, however, that no action shall be maintained
by any person for liquidation on the assets of any
corporation which has been dissolved or whose
charter has expired more than twenty years after
the date of such dissolution or expiration. Any
assets of such a corporation shall be deemed to
have become the property of the Commonwealth and
shall become the charge of the State Treasurer who
may dispose of them as abandoned property in
accordance with the provisions of Section 55-210.18
of the Code of Virginia, 1950, as amended."
14. Title Examination for Escheated Property
Recommendation: The General Assembly should amend Section 55-172
of the Code of Virginia to require the escheator
to include a title examination when he holds an
inquest to determine when land has escheated to
the State. Section 55-192 should also be amended
to provide for payment of this title examination.
15. Modification of Senate District Boundary
Recommendation: The General Assembly should change the boundary
between the Seventh and Eighth Senatorial Districts
in Virginia Beach to follow the new voting precinct
lines established by the Virginia Beach City Council.
Councilman Standing advised that the Joint Subcommittee studying Rtiral
Affairs recently approved, or agreed to sponsor, legislation to amend
the Governor's Budget changing the funding formula for Planning District
Commissions, and because they are a Rural Subcommittee they are
recommending that the Planning Districts, which encompass Tidewater,
Richmond, and Northern Virginia, have their budgets, (terms of the State
Budget), cut in half and divide the remaining funds among the rural part
of the State.
5-
Councilman Baum requested the General Assembly to consider in the
future, the removal of Advisory Referendums from the Code as they
are "not working very well". To have citizens' groups get a
petition for a Referendum is one-sided, and there are many questions
involved: funding and legal, etc.
City Council thanked the Legislators for taking their time to meet with
them today, (December 7, 1981), to discuss these very important matters.
1 2/ 7/ 81
M I N U T E S
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
The Regular Meeting of the Council of the City of Virginia Beach, Virginia,
was called to order by Mayor J. Henry McCoy, Jr., D.D.S., in the Conference
Room, City Hall Building, on Monday, 7 December 1981,at Twelve o'clock
Noon .
Council Members Present:
John A. Baum, E. T. Buchanan, F. Reid Ervin, Vice Mayor
Harold Heischober, Barbara M. Henley, Clarence A. Holland,
M. D., W. H. Kitchin, III, Reba S. McClanan, Mayor J. Henry
McCoy, Jr., D.D.S., Meyera E. Oberndorf, and Patrick L.
Standing
Council Members Absent:
None
ITEM #17470
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, perfomance, demotion,
salaries, disciplining or resignation of public officers,
appointees or employees.
2. PUBLICLY HELD PROPERTY: Discussion or consideration of the
con ition, 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 by
staff members, consultants or attorneys, pertaining to actl)al or
potential litigation, or other legal matters within the
jurisdiction of the public body.
2-
Upon motion by Councilman Buchanan, seconded by Vice Mayor Heischober,
City Council voted to proceed into the EXECUTIVE SESSION following the
INFORMAL SESSIGN.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, E. T. Buchanan, F. Reid Ervin, Vice Mayor
Harold Heischober, Barbara M. Henley, Clarence A. Holland,
M.D., W. H. Kitchin, III, Reba S. McClanan, Mayor J. Henry
McCoy, Jr., D.D.S., Meyera E. Oberndorf, and Patrick L.
Standing
Council Members Voting Nay:
None
Council Members Absent:
None
3-
M A T T R S B Y T H E M A Y 0 R
RESEARCH AND ADVISORY COUNCIL ITEM #17471
Mayor McCoy made reference to a letter from R. H. Koch, President,
Research and Advisory Council, concerning the Advisory Council's
meeting in October whereby they would prepare a study for Council
on garbage collection in the City of Virginia Beach.
By consensus of Council, the Research and Advisory Council is to
prepare a study on garbage collection in the City with the stip-
ulation the report be completed BEFORE the budget.
HOUSING AUTHORITY ITEM #17471(a)
The City Manager advised that the Chamber of Commerce would like to
prepare a study on a Redevelopment and Housing Authority for the
City of Virgnia Beach, and to meet with Council ort December 14, 1981
to discuss this matter.
CONTINENTAL BASKETBALL ASSOCI,ATION ITEM #17472
Mayor McCoy rhade reference to a letter from James D. Drucker, Commissioner,
Continental Basketball Association, advising Council that the Association
is interested in expansion of its 1982-83 playing season.
SPECIAL MEETING/BONDS ITEM #17473
Mayor McCoy advised Council that the Special Meeting to be held on
Thursday, December 10, 1981, will be at Twelve o'clock Noon instead
of Twelve-Thirty as previously stated.
The City Attorney advised Council that approval of the Bonds takes a
two-thirds (2/3) vote of Council.
-4-
LAKE SHORES/SHENSTONE SEWER ITEM #17474
Councilman Holland advised Council that he attended a civic league
meeting in the Lakes Shores area with the understanding that only
Shenstone Circle and Shenstone Drive residents did not want sewer
lines; however, he was advised that the subdivision of Lake Shores
does not want sewer lines in their area.
It was requested that the Health Department provide Council with a
written statement defining a Category I health hazard.
Councilwoman Oberndorf made reference to petitions signed by residents
in the Avalon Terrace area who are requesting sewer lines not be placed
in their community. The City Attorney is to study the legal ramifications
of this matter.
SURPLUS BOND FUNDS ITEM #17475
Councilman Ervin asked the City Attorney if he was "working on" the
proposed Ordinance to "settle the question of surplus bond funds?"
The City Attorney advised his office was in the process of preparing
the Ordinance.
CAMPUS EAST ASSOCIATES ITEM #17476
Councilman Holland requested Council reconsider the application of
Campus East Associates for a Change of Zoning from R-5 Residential
District to A-1 Apartment District, in the Bayside Borough.
Councilman Holland met with the civic league and the developers of the
property, and they are in the process of reaching an agreement.
This matter will be on the FORMAL AGENDA under UNFINISHED BUSINESS.
VIRGINIA BEACH EDUCATION ASSOCIATION ITEM #17477
Councilwoman Oberndorf made reference to a letter from the Virginia
Beach Education Association advising that representatives of the
VBEA are "more than willing to meet and discuss the Referendum-issue
with individual Council Members or a committee of Council Members."
5-
ENCROACHMENTS. ITEM #17478
Councilman Buchanan requested a briefing on the proposed Encroachmeh't
Ordinances in today's,(December 7, 1981), Council Agenda.
The City Manager advised Council will be briefed in the FORMAL SESSION.
by C. Oral Lambert, Director of Public Works. The City Manager also
advised there was opposition to two of the proposed Ordinances.
LYNNHAVEN DREDGING/SPOIL SITE ITEM #17479
Councilman Ervin made refere-nce to a letter received from Mr. Dickenson
concerning the Lynnhaven Dredging Spoil Site, and asked the City Attorney
if the City was "proceeding toward a solution of the ownership problem?"
The City Attorney advised that the Court case was set for January 27,
1 982.
I N F 0 R M A L S E S S I 0 N
OLD LAGOON SITE ITEM #17480
C. Oral Lambert, Director of Public Works, presented a report to
Council concerning the Old Lagoon site off of Forest Glen Road.
Mr. Lambert advised that the site was leveled; however, it will
need more fill. The developers will be granted a six (6) month
extension of the permit, but will have to change their route.
The new route will be through Bancroft to Garfield, Champlain and
McKinley.
A bond is required for construction of the roadway. A gate is
required when the pit closes for the evening.
6-
NEWTOWN ROAD/DIAMOND SPRINGS ROAD ITEM #17481
C. Oral Lambert, Director of Public Works, and John Herzke, Traffic
Engineer, presented a report concerning the traffic study on Newtown
Road and Diamond Springs Road.
The traffic count was conducted by a color coded system (Origin
and Destination Study). Sixty percent (60 %) of the traf f ic st ud i ed
moved in the north/south direction and forty percent (40%) of the
traffic moved in the east/west direction.
Construction is justified and the engineering study completed; however,
much of the right-of-way has not been acquired. Construction should
begin in September of 1982.
City Council recessed into the EXECUTIVE SESSION, (1:10 p.m.)
7-
F 0 R M A L S E S S I 0 N
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
7 December 1981
2:30 p.m.
Council Members Present:
John A. Baum, E. T. Buchanan, F. Reid Ervin, Vice Mayor
Harold Heischober, Barbara M. Henley, Clarence A. Holland,
M. D., W. H. Kitchin, III, Reba S. McClanan'Mayor J. Henry
McCoy, Jr., D.D.S., Meyera E. Oberndorf, and Patrick L.
Standing
Council Members Absent:
None
INVOCATION: Reverend Jerry Holcomb
Kings Grant Baptist Church
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
8-
ITEM #17482
Mayor McCoy introduced Mrs. Holcomb, Reverend Holcomb's mother. Mrs.
Holcomb is visiting from Georgia.
M I N U T E S
ITEM II-D.1 ITEM #17483
Upon motion by Councilman Standing, seconded by Councilwoman Henley,
City Council voted to APPROVE the Minutes of the Regular Meeting of
November 23, 1981.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, E. T. Buchanan, F. Reid Ervin, Vice Mayor
Harold Heischober, Barbara M. Henley, Clarence A. Holland,
M.D., W. H. Kitchin, III, Reba S. McClanan, Mayor J. Henry
McCoy, Jr., D.D.S., Meyera E. Oberndorf, and Patrick L.
Standing
Council Members Voting Nay:
None
Council Members Absent:
None
9-
C 0 N S E N T A G E N D A
ITEM II-E.1 ITEM #17484
Upon motion by Vice Mayor Heischober, seconded by Councilwoman Oberndorf,
City Council voted to ADOPT the CONSENT AGENDA by ONE MOTION.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, E. T. Buchanan, F. Reid Ervin, Vice Mayor
Harold Heischober, Barbara M. Henley, Clarence A. Holland,
M.D., W. H. Kitchin, III, Reba S. McClanan, Mayor J. Henry
McCoy, Jr., D.D.S., Meyera E. Oberndorf, and Patrick L.
Standing
Council Members Voting Nay,:
None
Council Members Absent:
None
-10-
ITEM II-E.1 ITEM #17485
Upon motion by Vice Mayor Heischober, seconded by Councilwoman Oberndorf,
City Council voted to DEFER the Ordinance to amend and reordain Section
21-396(a) of the City Code pertaining to the deposit of coins in parking
meters.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, E. T. Buchanan, F. Reid Ervin, Vice Mayor
Harold Heischober, Barbara M. Henley, Clarence A. Holland,
M.D., W. H. Kitchin, III, Reba S. McClanan, Mayor J. Henry
McCoy, Jr., D.D.S., Meyera E. Oberndorf, and Patrick L.
Standing
Council Members Voting Nay:
None
Council Members Absent:
None
ITEM -II-E. 2 ITEM #1 7486
Upon mot@ion by Vice Mayor Heischober, seconded by Councilwoman Oberndorf,
Cit@ Counc i l' voted to APPROVE the fol I owing State-Local Hospital i zation
contract'.
1 980 - 81 1 981 - 82
Community Mental Health Center $171.31 $168.60
Voting: 11-0
Council Members Voting Aye:
John A. Baum, E. T. Buchanan, F. Reid Ervin, Vice Mayor
Harold Heischober, Barbara M. Henley, Clarence A. Holland,
M.D., W. H. Kitchin, III, Reba S. McClanan, Mayor J. Henry
McCoy, Jr., D.D.S., Meyera E. Oberndorf, and Patrick L.
Standing
Council Members Voting Nay:
None
Council Members Absent:
None
1 2-
ITEM II-E.3 ITEM #17487
Upon motion by Vice Mayor Heischober, seconded by Councilwoman Oberndorf,
City Council voted to APPROVE the request of the Commissioner of the
Revenue for license refunds in the amount of $451-47-
Voting: 11-0
Council Members Voting Aye:
John A. Baum, E. T. Buchanan, F. Reid Ervin, Vice Mayor
Harold Heischober, Barbara M. Henley, Clarence A. Holland,
M.D., W. H. Kitchin, III, Reba S. McClanan, Mayor J. Henry
McCoy, Jr., D.D.S., Meyera E. Oberndorf, and Patrick L.
Standing
Council Members Voting Nay:
None
Council Members Absent:
None
,7 1 3
AN ORDINANCE AUTHORIZING LICENSE REFUNDS
UPON APPLICATION OF CERTATN PERSONS AND
UPON CERTIFICATION OF THE-COMMISSIIONER
OF THE REVENTIE
BE IT ORDAI.TNED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applicatiots for license refurids, upgn certification
f the Commissioiier of the Pievenue are hereby approved:
. ...............
I=ENSE DATF,
-ITIAR PAID BASE PENATTY INT. TOTAL
aker@ Charles'G. 1978/1980 Audit 307.58
213 Fentress ;tir FiOld
ad
hesa,,.geake, Va- 23322
pntury 21 Peadicord @39-,8/1980 Audi@ 143.89
ealty
736 Larkspur Sq.
a. 'Reach, Va.. 23462
dertified as to Payment:
-Ivan D.- Flapp
Commissioner of Itevenue
Approved as to form:
.... ..........
J. Dale Bimson
City Attorney
-The above ic-batement(s) totaling $ 451..47- were approved by the
ouncil of the City of VirSTinia Beach on the '7th day of '5@c-einber
.19 8.1
R,ath H dgL-S SmItF-
City Cle:rk
1 4-
ITEM II-E.4 ITEM #17488
Upon motion by Vice Mayor Heischober, seconded by Councilwoman Oberndorf,
City Council voted to APPROVE the request of the City Treasurer for tax
refunds in the amount of $1,552-30.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, E. T. Buchanan, F. Reid Ervin, Vice Mayor
Harold Heischober, Barbara M. Henley, Clarence A. Holland,
M.D., W. H. Kitchin, III, Reba S. McClanan, Mayor J. Henry
McCoy, Jr., D.D.S., Meyera E. Oberndorf, and Patrick L.
Standing
Council Members Voting Nay:
None
Council Members Absent:
None
NO. C.A- 7 -15@
FM
71/19/81
AN ORDINANCE AUTHORIZING TAX REFUNDS
UPON APPLICATION OF CERTAIN PERSONS
AND UPON CERTIFICATION OF THE TREASURER
FOR PAYMENT
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the fdllowirxgapplications for @ refunds upon certification of the Treasurer are hereby approved:
NAME Tax Type Ticket Exonera- Da!o Penalty Int. Total
Y ear of Tax Number tion No. p aid
B Etheridge B Et.,,@,.?idge 81 pp 37558 6/5/81 111.36
John DMatthews -lir 80 RE(]/2) 76198-5 11/20/79 171.64
John DM4tthews Jir 80 RE(2/2) 76198-5 6/5/80 171.64
ohn DMatthews Jr 81 RE(712) 48796-9 12/5/80 155.41
hn DMatthews Jtr 81 RE(2/2) 48796-9 6/5/81 155.41
rge G Gray 80 pp 45333 1/26/81 114.08
ul T Cohoon Jr 79 RE(1/2) 73800-1 11/14/78 23.00
Aul T Cohoon 3r 79 RE(2/2) 73800-1 6/5/79
aul T Cohoon Jr 80 RE(]/2) 12696-7 11/28/79 26.83
aul T Cohoon Or 80 PE(2/2) 12696-7 5/20/80 26.83
aul T Cohoon ,Tr 81 RE(7/2) 15013-5 12/4/80 25.97
aul T Cohoon iltr 87 RE(2/2) 15013-5 12/4/80 25.97'
olonial Mortgi3,7--Service 81 RE(]/2) 28281-3 11/25/80 3.40
lonial Mortgalp@Service 81 RE(2/2) 28281-3 6/2/81 3.40
Total 1,037.94
This ordinance shall be effective from date of adoption.
T@l a ent(s) totaling Cer
, @17.litem wnwe approved by
the Council of the Cjif3c of Virginia
7 day of D e c e m b e r.
Beach on the
surer.
Approved as to form:
Fruth Hodges Smith
C,fty Clerk
J. Dale Bimson, City Attorney
1 6-
0. C.A. 7
11/24/81 EMC
AN ORDINANCE AUTHORIZING TAX REFUNDS
UPON APPLICATION OF CERTAIN PERSONS
AND UPON CERTIFICATION OF THE TREASURER
FOR PAYMENT
BE IT ORDATNED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for tax refunds upon certification of the Treasurer are hereby approved:
NAME-. Tax Type Ticket Exon ra- Da! Penalty I nt. Totri
e e
Y ear of Tax Number tion NO. p aid
s & Marion Gilchrist 82 RE(1/2) 28987-9 11/3/81 6.00
ia W Devereu* 81 pp 31977 11/12/81 15.16
K Bennett 78 pp 113016 8/1/79 57.86
uel & Ramo!na Riggs 81 RE(]/2) 63601-3 11/3/80 217.67
uel & Ramont Riggs 81 RE(2/2) 63601-3 5/13/81 217.67
Total 514.36
This ordinamte shall be effective from date of adoption.
The
$ , 4a@ -utement(s) totaling paymem
3@e aL -S t.
JU were approved by
the Councii of the City of Virginia
Beach on the 7 day of D e c e m b e r.
Joh T. Atkins1/2n, Treasurer
Approved as to form:
Ruth Hodges SMith
City Clerk
J. Dale Bimson, City Attorney
1 7-
ITEM II-E.5 ITEM #17489
Upon motion by Vice Mayor Heischober, seconded by Councilwoman Oberndorf,
City Council voted to ADOPT ON SECOND READING the Ordinance to accept
funds in the amount of $34,372 from the Southeastern Virginia Areawide
Model Program (SEVAMP) and to appropriate $18,625 to various departments.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, E. T. Buchanan, F. Reid Ervin, Vice Mayor
Harold Heischober, Barbara M. Henley, Clarence A. Holland,
M.D., W. H. Kitchin, III, Reba S. McClanan, Mayor J. Henry
McCoy, Jr., D.D.S., Meyera E. Oberndorf, and Patrick L.
Standing
Council Members Voting Nay:
None
Council Members Absent:
None
1 8-
AN ORDINANCE TO ACCEPT FUNDS IN
THE AMOUNT OF $34,372.00 FROM
THE SOUTHEASTERN VIRGINIA AREA-
WIDE MODEL PROGRAM (SEVAMP) AND
TO APPROPRIATE $18,625.00 TO
VARIOUS,DEPARTMENTS
WHEREAS, the Department of Health has determined a
need to continue providing for the health and related problems
of elderly individuals; and
WHEREAS, the Department of Mental Health and Mental
Retardation (MH/MR) has determined a need to provide temporary
substitute care for elderly individuals while their family
members are absent; and
WHEREAS, the SEVAMP has awarded the Department of
Health $28,359.00 and the Department of MH/MR $6,013.00 to
provide their above respective services; and
WHEREAS, the City Council has already appropriated
$15,747.00 from General Fund Balance for funding this operation.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE
CITY OF VIRGINIA BEACH, VIRGINIA:
THAT the City Manager is hereby authorized and directed
to accept the award and enter into the necessary contractual
agreements for the City; funds are hereby appropriated in the
amount of $12,612.00 for the Department of Health, and $6,013.00
for the Department of Mental Health and Mental Retardation.
BE IT FURTHER ORDAINED that the appropriations will
be financed by $34,372.00 estimated revenue from SEVAMP with
$15,747.00 being transferred into the General Fund Balance.
This ordinance shall be effective from date of
adoption.
FIRST READING: -November 23, 1981
SECOND READING-ADOPTED: December 7,
GGD:JDB:er @lk.
11-18-81 @tl&l@ I
-1 9-
P L A N N I N G A G E N D A
ITEM II-F.2 ITEM #17490
'THIS ITEM WAS BROUGHT FORWARD
Senator A. Joseph Canada appeared requesting withdrawal of the
application.
Mrs. Nancy Parker, Old Beach Civic League, appeared
Upon motion by Councilman Standing, seconded by Councilman Buchanan,
City Council voted to permit WITHDRAWAL of the application of McKENZIE
BUILDING CORPORATION, as per the following:
Ordinance upon application of McKenzie Building Corporation
for a Chane of lonin, listrict Classification from A-1
Apartmen t District t, B-4 Resort-Commercial District on
certain property located on the South side of 25th Street
beginning at a point 250 feet East of Arctic Avenue, running
a distance of 100 feet along the South side of 25th Street,
running a distance of 190 feet along the Eastern property
line, running a distance of 100 feet along the Southern
property line and running a distance of 190 feet along the
Western property line. Said parcel contains .43 acre.
VIRGINIA BEACH BOROUGH.
Voting: 1 1 -0
Council Members Voting Aye: (for withdrawal)
John A. Baum, E. T. Buchanan, F. Reid Ervin, Vice Mayor
Harold Heischober, Barbara M. Henley, Clarence A. Holland,
M.D., W. H. Kitchin, III, Reba S. McClanan, Mayor J. Henry
McCoy, Jr., D.D.S., Meyera E. Oberndorf, and Patrick L.
Standing
Council Members Voting Nay:
None
Council Members Absent:
None
- 20 -
ITEM II-F.1 ITEM #17491
@l
Douglas Talbot, Talbot and Associates, appeared in behalf of the
applicant.
D. William Beichler, Charlestown Civic League, read a lptter of
approval from the civic league
Upon motion by Councilwoman Oberndorf, seconded by Councilman Standing,
City Council voted to uphold the recommendation of the Planning Commission
and APPROVE the appl ication of WOODS CORNER ASSOCIATES, LTD. , for a Change
of Zoning District Classification, subject to the recommended conditions
transmitted in the City Manager's letter, as follows; with the inclusion
of the following provision:
Developer voluntarily agrees that the new detached homes
would be colonial style or traditional
ORDINANCE UPON APPLICATION OF WOODS CORNER Z01281616
ASSOCIATES, LTD., FOR A CHANGE OF ZONING
DISTRICT CLASSIFICATION FROM R-6 RESIDENTIAL
DISTRICT TO R-8 RESIDENTIAL DISTRICT
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA:
Ordinance upon application of Woods Corner Associates, Ltd.,
for a Change of Zoning District Classification from R-6
Residential District to R-8 Residential District on certain
property located on the South side of Lynnhaven Parkway
beginning at a point 1500 feet East of Centerville Turnpike,
running a distance of 513.02 feet along the South side of
Lynnhaven Parkway, running a distance of 720 feet in a
Southeasterly direction, running a distance of 158.36 feet
in a Southwesterly direction, running a distance of 145 feet
in a Westerly direction, running a distance of 361.11 feet
in a Southeasterly direction, running a distance of 658.63
feet in a Northeasterly direction, running a distance of
2700 feet more or less in a Southeasterly direction, running
a distance of 140 feet more or less in a Southwesterly
direction, running a distance of 1380 feet more or less in
a Westerly direction, running a distance of 2540 feet more
or less in a Northwesterly direction, running a distance of
87.5 feet in a Northeasterly direction and running a distance
of 471.89 feet in a Northwesterly direction. Said parcel
contains 80.2 acres more or less. KEMPSVILLE 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. A sewage pump station meeting the City of Virginia Beach
criteria will be provided.
4. An adequate drainage outfall system with all necessary
downstream improvements is to be provided.
5. The applicant has voluntarily agreed to put to record a
legal document agreeing to construct single-family homes
only, limiting the total number of units to 304, providing
plant screening along the western property line, and
deeding the recreational area to the City of Virginia Beach.
- 21 -
6. Dedication of right-of-way 90-feet in width, for Lynnhaven
Parkway as per the Master Street and Highway Plan.
7. Developer voluntarily agrees that the new detached homes
would be colonial style or traditional.
This Ordinance shall be effective from date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia,
on the Seventh day of December, 1981.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, E. T. Buchanan, F. Reid Ervin, Vice Mayor
Harold Heischober, Barbara M. Henley, Clarence A. Holland,
M.D., W. H. Kitchin, III, Reba S. McClanan, Mayor J. Henry
McCoy, Jr., D.D.S., Meyera E. Oberndorf, and Patrick L.
Standing
Council Members Voting Nay:
None
Council Members Absent:
None
2 2-
ITEM II-F.3 ITEM #17492
MAYOR McCOY LEFT COUNCIL CHAMBERS
Alonzo D. Twiford appeared In behalf of his application
Upon motion by Councilwoman Henley, seconded by Councilman Baum, City
Council voted to uphold the recommendation of the Planning Commission
and APPROVE the application of ALONZO D. TWIFORD for variances to
Sections 4.4(a) and (b) of the Subdivision Ordinance, as per the
following:
Appeal from Decisions of Administrative Officers in regard
to certain elements of the Subdivision Ordinance, Subdivision
for Alonzo D. Twiford. Property located on the West side of
Princess Anne Road, 5280 feet South of South Stowe Road.
Plats with more detailed information are available in the
Department of Planning.
The applicant requests variances to Sections 4.4(a) and (b)
of the Subdivision Ordinance which require that lot size,
width, depth, shape and orientation and minimum building
setback lines shall be appropriate for the location of the
subdivision and type of use contemplated and that lot
dimensions shall conform to the Comprehensive Zoning
Ordinance. The applicant wishes to subdivide 2.02 acres
into two (2) equal parcels. PUNGO BOROUGH.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, E. T. Buchanan, F. Reid Ervin, Vice Mayor
Harold Heischober, Barbara M. Henley, Clarence A. Holland,
M.D., W. H. Kitchin, III, Reba S. McClanan, Meyera E.
Oberndorf, and Patrick L. Standing*
Council Members Voting Nay:
None
Council Members Absent:
Mayor J. Henry McCoy, Jr., D.D.S.
*COUNCILMAN STANDING VOICED A VERBAL "AYE".
23-
0 R D I N A N C E S E N C R 0 A C H M E N T S
ITEM II-G.l.a ITEM #17493
MAYOR McCOY RETURNED TO COUNCIL CHAMBERS
Upon motion by Council man Stand in g , secon ded by Coun c il man Buc hanan,
City Council voted to uphold the recommendation of the City Manager
and ADOPT the Ordinance to authorize a temporary encroachment into a
portion of the right-of-way of Wythe Lane to William H. Starnes, his
heirs, assigns and successors in title, subject to the following
provisions:
I The erection and maintenance of this fence shall be in
accordanc6 with the Public Works Department's specifications
as to size, alignment, and location.
2. This encroachment shall terminate upon notice by the City
to the applicant and within thirty days of such notice,
the encroachment shall be removed at the expense of the
applicant.
3. The City shall be held hamless from all liabilities
resulting from this encroachment.
4.' This encroachment shall not be in effect until the applicant
has executed an agreement with the City encompassing the above
conditions.
Voting: 10-1
Council Members Voting Aye:
John A. Baum, E. T. Buchanan, 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:
F. Reid Ervin
Council Members Absent:
None
24-
Requested By Department of Public Works
AN ORDINANCE TO AUTHORIZE A TEMPORARY
ENCROACHMENT INTO A PORTION OF THE
RIGHT-OF-WAY OF WYTHE LANE TO WILLIAM
H. STARNES, HIS HEIRS, ASSIGNS AND
SUCCESORS IN TITLE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That pursuant to the authority and to the extent
thereof contained in Section 15.1-893, Code of Virginia, 1950, as
amended, William H. Starnes, Lot 249, North Linkhorn Park
Extended, his heirs, assigns and successors in title is
authorized to construct and maintain a temporary encroachment
into the right-of-way of Wythe Lane.
That the temporary encroachment herein authorized is
for the purpose of erecting and maintaining fencing and that said
encroachment shall be erected and maintained in accordance with
the City of virginia Beach Public Works Department's
specifications as to size, aliqnment and location, and further
that such temporary encroachment is more particularly described
as follows:
An area of encroachment into a portion
of the City's right-of-way known as
WYTHE LANE on the certain plat entitled:
"SITE PLAN LOT 249 MAP OF NORTH LINKHORN
'PARK EXTENDED LYNNHAVEN BOROUGH VIRGINIA
BEACH, VIRGINIA" dated April 23, 1980, a
copy of which is on file in the
Department of Public Work and to which
reference is made for a more particular
description.
PROVIDED, HOWEVER, that the temporary encroachment
herein authorized shall terminate upon notice by the City of
Virginia Beach to William H. Starnes, his heirs, assigns and
successors in title and that within thirty 30 days after such
notice is given, said encroachment shall be removed from the City
right-of-way of William H. Starnes and that William H. Starnes,
his heirs, assigns and successors in title shall bear all costs a
expenses of such removal.
2 5-
AND, PROVIDED FURTHER, that it is expressly understood
and agreed that William H. Starnes, his heirs, assigns and
successors in title shall indemnify and hold harmless the City of
Virginia Beach, its agents and employees from and against all
claims, damages, losses, and expenses including reasonable
attorney's fees in case it shall be necessary to file or defend
an action arising out of the location or existence of such
encroachment.
AND, PROVIDED FURTHER, that this ordinance shall not be
in effect until such time that William H. Starnes executes an
agreement with the City of Virginia Beach encompassing the
afore-mentioned provisions.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the 7th day of December 1981.
MES/re
10/16/81
(29F)
1. The erection and maintenance of this fence shall be in
accordance with the Public Works Department's specifications
as to size, alignment, and location.
2. This encroachment shall terminate upon notice by the City
to the applicant and within thirty days bf-@rith@otice;
the encroachment shall be removed at the expense of the
applicant.
3. The City shall be held harmless from
resulting from this encroachment.
4. This encroachment shall not be in effect untilliEKe@-;i@ol@i@@ant
has executed an agreement with the City encompassing the above
conditions.
-2-
2 6 -
ITEM II-G.l.b/c ITEM #17494
ItemsII-G.l.b and II-G.l.c were voted as ONE.
Attorney Grover C. Wright, Jr., appeared in behalf of the applicant
Mr. Jim Kaiser, North Virginia Beach, appeared in opposition.
Dr. E. Spencer Wise appeared in opposition.
C. Oral Lambert, Director of Public Works, presented a report on this
matter.
Upon motion by Councilman Ervin, seconded by Councilman Buchanan, City
Council voted to DEFER UNTIL DECEMBER 21, 1981 the Ordinances to authorize
a temporary encroachment into portions of the right-of-way of Ocean Avenue
to Somers M. Wilton, Sr., and Kathleen Chapman to permit the City Manager
to study the possibilities of either negotiating with the property owners
or condemning the property.
Voting: 11-0
Council Members Voting Aye: (for deferral)
John A. Baum, E. T. Buchanan, F. Reid Ervin, Vice Mayor
Harold Heischober, Barbara M. Henley, Clarence A. Holland,
M.D., W. H. Kitchin, III, Reba S. McClanan, Mayor J. Henry
McCoy, Jr., D.D.S., Meyera E. Oberndorf, and Patrick L.
Standing
Council Members Voting Nay:
None
Council Members Absent:
None
- 2 7-
Requested by: Department of Public Works
AN ORDINANCE TO AUTHORIZE A TEMPORARY
ENCROACHMENT INTO A PORTION OF THE
RIGHT-OF-WAY OF OCEAN AVENUE TO
SOMERS M. WILTON, SR., HIS HEIRS,
ASSIGNS AND SUCCESSORS IN TITLE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA:
That pursuant to the authority and to the extent thereof
contained in Section 15.1-893, Code of Virginia, 1950, as amended,
Somers M. Wilton, Sr., Lot 4, Block 17, Section E, Cape Henry Syndicate,
his heirs, assigns and successors in title, is authorized to construct
and maintain a temporary encroachment into the right-of-way of Ocean
Avenue.
That the temporary encroachment herein authorized is for the
purpose of erecting and maintaining water and sanitary sewer
facilities and that said encroachment shall be erected and maintained
in accordance with the City of Virginia Beach Public Works Department's
specif i cations as to si ze, al ignment and 1 ocation, and f urther that
such temporary encroachment is more particularly described as follows:
An area of encroachment into a portion of the
City's right-of-way easement as shown on that
certain plat entitled: "PROPOSED WATER &
SANITARY SEWER SERVICE TO LOTS 4 AND 5 - BLK.
1 7 - SECTION E, CAPE HENRY SYNDICATE, LYNN[IAVEN
BOROUGH, VIRGINIA BEACH, VA.," dated 28 August
1981, a copy of which is on file in the
Department of Public Works, City of Virginia
Beach, and to which reference is made for a more
particular description.
PROVIDED, HOWEVER, that the temporary encroachment herein authorized
shall terminate upon notice by the City of Virginia Beach to Somers M.
Wilton, Sr., his heirs, assigns and successors in title and that within
thirty (30) days after such notice is given, said encroachment shall be
removed from the City right-of-way of Ocean Avenue and that Somers M.
Wilton, Sr., shall bear all costs and expenses of such removal.
AND, PROVIDED FURTHER, that it is expressly understood and agreed
that Somers M. Wilton, Sr., his heirs, assigns and successors in title
shall indemnify and hold harmless the City of Virginia Beach, its agents
and employees from and against all claims, damages, lotses and expenses
28-
incl udin g rea sonable attorn ey' s fee s in case it s ha l I be neces sa ry to
file or defend an action arising out of the location or existence of
such encroachment.
AND, PROVIDED FURTHER, that this Ordinance shall not be in effect
until such time that Somers M. Wilton, Sr., executes an agreement with
the City of Virginia Beach encompassing the aforementioned provisions.
Adopted by the Council of the City of Virginia Beach, Virginia,
on the day of 1 981 .
DEFERRED by the Council of the City of Virginia Beach, Virginia,
on the Seventh day of December, 1981.
2 9-
Requested by: Department of Public Works
AN ORDINANCE TO AUTHORIZE A TEMPORARY
ENCROACHMENT INTO A PORTION OF THE
RIGHT-OF-WAY OF OCEAN AVENUE TO
KATHLEEN CHAPMAN, HER HEIRS
ASSIGNS AND SUCCESSORS IN TITLE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA:
That pursuant to the authority and to the extent thereof
contained in Section 15.1-893, Code of Virginia, 1950, as amended,
Kathleen Chapman, Lot 5, Block 17, Section E, Cape Henry Syndicate,
h6r heirs, assigns and successors in title, is authorized to construct
and maintain a temporary encroachment into the right-of-way of Ocean
Avenue.
That the temporary encroachment herein authorized is for the
purpose of erecting and maintaining water and sanitary sewer
facilities and that said encroachment shall be erected and maintained
in accordance with the City of Virginia Beach Public Works Department's
specifications as to size, alignment and location, and further that
such temporary encroachment is more particularly described as follows:
An area of encroachment into a portion of the
City's right-of-way easement as shown on that
certain plat entitled: "PROPOSED WATER &
SANITARY SEWER SERVICE TO LOTS 4 AND 5 - BLK.
17 - SECTION E, CAPE HENRY SYNDICATE, LYNNHAVEN
BOROUGH, VIRGINIA BEACH, VA.," dated 28 August
1981, a copy of which is on file in the
Department of Public Works, City of Virginia
Beach, and to which reference is made for a more
particular description.
PROVIDED, HOWEVER, that the temporary encroachment herein authorized
shall terminate upon notice by the City of Virginia Beach to Kathleen
Chapman, her heirs, assigns and successors in title and that within
thirty (30) days after such notice is given, said encroachment shall be
removed from the City right-of-way of Ocean Avenue and that Kathleen
Chapman shall bear all costs and expenses of such removal.
AND, PROVIDED FURTHER, that it is expressly understood and agreed
that Kathleen Chapman, her heirs, assigns and successors in ti.tle
shall indemnify and hold harmless the City of Virginia Beach, its agents
and employees from and against all claims, damages, losses, and expenses
-30-
including reasonable attorney's fees in case it shall be necessary to
file or defend an action arising out of the location or existence of
such encroachment.
AND, PROVIDED FURTHER, that this Ordinance shall not be in effect
until such time that Kathleen Chapman, executes an agreement with
the City of Virginia Beach encompassing the aforementioned provisions.
Adopted by the Council of the City of Virginia Beach, Virginia,
on the day of I 1 981 -
DEFERRED 6y the Council of the City of Virginia Beach, Virginia,
on the Seventh day of December, 1981.
31 -
L 0 W B I D S
ITEM II-G.2.a ITEM #17495
The following bids have been received for the Blackwater River Crossing
Contract:
A. Stuart Bolling Company, Inc. $148,380.00
Campbell Construction Company, Inc. $151,869.60
Lynnhaven Marine Construction, Inc. $1 74, 571 . 50
Central Builders, Inc. $196,220.00*
Engineer's Estimate $187,830.00
*Corrected total
Upon motion by Councilwoman Henley, seconded by Councilman Baum, City
Council voted to uphold the recommendation of the City Manager and
APPROVE the low bid of A. Stuart Bolling Company, in the amount of
$148,380 for the Blackwater River Crossing; and, authorized the City
Manager to enter into the necessary agreements for the implementation
of this project.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, E. T. Buchanan, F. Reid Ervln, Vice Mayor
Harold Heischober, Barbara M. Henley, Clarence A. Holland,
M.D., W. H. Kitchin, III, Reba S. McClanan, Mayor J. Henry
McCoy, Jr., D.D.S., Meyera E. Oberndorf, and Patrick L.
Standing
Council Members Voting Nay:
None
Council Members Absent:
None
3 2 -
ITEM II-G.2.b ITEM #17496
The following bids have been received for the Parks and Recreation
Office Renovation Project (3-931):
Coleman Construction Corporation $101,314.00
VIRTEXCO Corporation $106,316.00
George Jensen, Incorporated $110,300.00
Seaboard Services, Incorporated $111,700.00
Olsen Contractors, Incorporated $112,975.00
North Landing Line Construction
Company, Incorporated $114,494.00
M. M. Rollins, Jr., and Company $131,500.00
Engineer's Estimate $114,275.00
Upon motion by Councilman Ervin, seconded by Councilman Standing, City
Council voted to uphold the recommendation of the City Manager and
APPROVE the low bid of Coleman Construction Corporation, in the amount
of $101,314 for the Parks and Recreation Office Renovation Project
(3-931); and, authorized the City Manager to enter into the necessary
agreements for the implementation of this project.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, E. T. Buchanan, F. Reid Ervin, Vice Mayor
Harold Heischober, Barbara M. Henley, Clarence A. Holland,
M.D., W. H. Kitchin, III, Reba S. McClanan, Mayor J. Henry
McCoy, Jr., D.D.S., Meyera E. Oberndorf, and Patrick L.
Standing
Council Members Voting Nay:
None
Council Members Absent:
None
33-
U N F I N I S H E D B U S I N E S S
ITEM II- H.1 ITEM #17497
Upon motion by Councilman Baum, seconded by Councilman Ervin, City Council
voted to REMOVE from the Legislative Package , Item Number Thirteen (13)
Notification of Informal Meetings of Members of the General Assembly.
Section 2.1-341 (a) of the Code of Virginia, the Freedom of
Information Act, defines a meeting of any legislative body
as when it is sitting as a body or entity or as an informal
assemblage of (1) as many as three members, or (2) a quorum,
if less than three, of the constituent membership. However,
this Section also exempts informal meetings or gatherings of
members of the General Assembly from the notice provisions
of this Chapter. Therefore, members of the General Assembly,
when meeting informally to discuss State business, are not
required to inform the general public of the time and place
of these inforrml meetings or to notify anyone on a continual
basis. It seems reasonable to expect these notice requirements
to apply to all legislative bodies covered by the Act.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, E. T. Buchanan,* F. Reid Ervin, Vice Mayor
Harold Heischober, Barbara M. Henley, Clarence A. Holland,
M.D., W. H. Kitchin, III, Reba S. McClanan, Mayor J. Henry
McCoy, Jr., D.D.S., Meyera E. Oberndorf, and Patrick L.
Standing
Council Members Voting Nay:
None
Council Members Absent:
None
*COUNCILMAN BUCHANAN VOICED A VERBAL "AYE".
- 34-
ITEM II-H.2 ITEM #17498
Upon motion by Councilman Holland, seconded by Vice Mayor Heischober,
City Council voted to reschedule the application of CAMPUS EAST
ASSOCIATES for a Change of Zoning from R-5 Residential District to
A-1 Apartment District, in the Bayside Borough, from May, 1982 to
January 11, 1982. This matter was deferred six months on November 9,
1 981 .
Voting: 11-0
Council Members Voting Aye:
John A. Baum, E. T. Buchanan, F. Reid Ervin, Vice Mayor
Harold Heischober, Barbara M. Henley, Clarence A. Holland,
M.D., W. H. Kitchin, III, Reba S. McClanan, Mayor J. Henry
McCoy, Jr., D.D.S., Meyera E. Oberndorf, and Patrick L.
Standing
Council Members Voting Nay:
None
Council Members Absent:
None
- 3 5-
A P P 0 I N T M E N T S
ITEM II-J.1 ITEM #17499
Upon nomination by Councilwoman Oberndorf, City Council voted to APPOINT
A. Laszlo Aranyi to the BOARD OF APPEALS for a term of four (4) years,
beginning January 1, 1982 and ending December 31, 1985.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, E. T. Buchanan, F. Reid Ervin, Vice Mayor
Harold Heischober, Barbara M. Henley, Clarence A. Holland,
M.D., W. H. Kitchin, III, Reba S. McClanan, Mayor J. Henry
McCoy, Jr., D.D.S., Meyera E. Oberndorf, and Patrick L.
Standing
Council Members Voting Nay:
None
Council Members Absent:
None
- 36-
ITEM II-J.2 ITEM #1 7500
Upon motion by Vice Mayor Heischober , seconded by Councilman Buchanan
City Council voted to REAPPOINT the following to the COMMUNITY SERVICES
BOARD for terms of three (3) years beginning January 1, 1982 and ending
December 31, 1984.
Reverend Kenneth R. Carbaugh
Mason M. Moton
Commander Thomas A. Northan
Dr. Bernard Pendleton
Mrs. Edward D. Porter, Jr.
Reverend Russell 0. Siler
Mrs. Duncan S. Wallace
Voting: 11-0
Council Members Voting Aye:
John A. Baum, E. T. Buchanan, F. Reid Ervin, Vice Mayor
Harold Heischober, Barbara M. Henley, Clarence A. Holland,
M.D., W. H. Kitchin, 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:
None
3 7-
ITEM II-J.3 ITEM #17501
Upon nomination by Councilman Holland, City Council voted to REAPPOINT
.Wylie French to the TIDEWATER COMMUNITY COLLEGE BOARD for a term of
f.our (4) years beginning January 1, 1982 and ending December 31, 1985.
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 Abstaining:
E. T. Buchanan
Council Members Absent:
None
3 8-
ITEM II-J.4 ITEM #1 7502
Upon motion by Councilman Baum" seconded by Vice Mayor Heischober, City
Council voted to REAPPOINT F. R6id Ervin to the TIDEWATER STADIUM
AUTHORITY for a term of three (3) years beginning January 1, 1982 and
ending December 31, 1984.
Voting: 11-0
Council Members Voting Aye:
John A. Baun, E. T. Buchanan, F. Reid Ervin, Vice Mayor
Harold Heischober, Barbara M. Henley, Clarence A. Holland,
M.D., W. H. Kitchin, III, Reba S. McClanan, Mayor J. Henry
McCoy, Jr., D.D.D., Meyera E. Oberndorf, and Patrick L.
Standing
Council Members Voting Nay:
None
Council Members Absent:
None
3 9-
ITEM II-K.1 ITEM #1 7503
Upon motion by Councilman Buchanan seconded by Councilman Holland, City
Council voted to RECESS into EXECUTIVE SESSION (4:10 p.m.), for the
purpose of discussing Personnel Matte'rs and t6 adjourn thereafter.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, E. T. Buchanan, F. Reid Ervin, Vice Mayor
Harold Heischober, Barbara M. Henley, Clarence A. Holland,
M.D., W. H. Kitchin, III, Reba S. McClanan, Mayor J. Henry
McCoy, Jr., D.D.S., Meyera E. Oberndorf, and Patrick L.
Standing
Council Members Voting Nay:
None
Council Members Absent:
None
40 -
A D J 0 U R N M E N T
ITEM II-K.1 ITEM #17504
Upon motion by Councilman Ervin, City Council adjourned at 6:09 p.m.
Ulane M. Hickman, Deputy (;ity CleFk-
Ruth Hodges Tmith, City Clerk nr-y@ J(3 S.
City of Virginia Beach,
Virginia
7 December 1981
dmh/let