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HomeMy WebLinkAboutNOVEMBER 2, 1981 MINUTES Cit (Df "WORLD'S LARGEST RESORT CITY" CITY COUNCIL MAYOR ;. HENRY M@COY JR., D.D.S., K,.P.@iii, B-..gh VICE-MAYOR HAROLD HEISCHOBER, A@ L.,g. JOHN' A. BAUM, B.I..gb E. T. BUCHANAN, Ly@.b--- B .... gh F. REID ERVIN. A, L.,S, BARBARA M. HENLEY, P..g. B.@.gh CLARENCE A. HOLLAND, M.D., B.y.id, B.,--gh R. U. KITCHIN, Ill, Vili@i. B..ch B --- gb REBA S. M@CLANAA, P,i.c.@@ A.@@ B.,..gh MEYERA E. OBERNDORF, A, L.,g@ 2Z2 CITY HALL BUILDINC PATRICK L. STANDIN6, A, L.,g@ MUNICIPAL CENTER VIRGINIA BEACH. VIRGINIA 23456 RUTH HODGES SMITH, Cil, Clllk (804) 427-4303 CITY COUNCIL AGENDA November 2, 1981 ITEM I INFORMAL SESSION 12:30 p.m- A. CALL TO ORDER Mayor J. Henry McCoy, Jr., D.D.S. B. ROLL CALL OF COUNCIL C. MOTION TO RECESS INTO INFORMAL/EXECUTIVE SESSION D. PRESENTATION/DISCUSSION OF PERTINENT MATTERS 1. Matters for discussion by Mayor. 2. Matters fot discussion by Council. 3. Discussion of upcoming budget process. ITEM II FORMAL SESSION 2:00 p.m. A. INVOCATION: Rabbi Israel Barnstein B'nai Israel Congregation B. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA C. ELECTRONIC ROLL CALL OF COUNCIL D. MINUTES OF PREVIOUS MEETING: 1. Motion to accept/approve the Minutes of O@tober @6, 1981. E. PRESENTATION 1. Recognize the bwelve members of City-Wide 4-H Citizen- ship Club Mrs. Sam Jennings and Mrs. Lillian Jesse, Leaders Herb Pettway, 4-H Extension Agent ITEM II F. CONSENT AGENDA All matters listed under the Consent Agenda 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 desired, that item will be removed from the Consent Agenda and considered separately. 1. Ordinance to authorize acquisition of property in fee simple for right-of-way for Kempsville Road Phase II and the acquisition of temporary and permanent ease- ments of right of way, either by agreement or by condemnation. 2. State-Local Hospitalization contracts: Rates 1980-81 1981-82 Norfolk General Hospital $223.54 $263.95 Leigh Memorial Hospital 223.54 261.95 3. Bingo/raffle permits: Americana Parents' Booster Club Raffle First Colonial Christian School Raffle Filipino Woman's Club of Bingo Tidewater, Inc. Kellam Band Parents' Association Bingo/Raffle Lynnhaven Junior High PTA Raffle Gymstrada Team Parents' Association Bingo/Raffle (This permit should be approved with the stipulation that the building must be inspected by officials of the Fire Department prior to occupancy.) 4. Request of the Commissioner of Revenue for license refunds in the amount of $109.50. 5. Ordinance, on SECOND READING, amending Chapter 35, Article III, Section 35-81, of the Code of the City of Virginia Beach to provide for an exemption from the General Retail Sales Tax for unofficial or propane gas, firewood, coal or home heating oil used for domestic consumption. 6. Ordinance, on SECOND READING, amend an Ordinance entitled "An Ordinance authorizing the issuance of Public Improvement Bonds of the City of Virginia Beach, Virginia, in the maximum amount of $17,000,000." 7. Ordinance, on SECOND READING, appropriating Six Million Two Hundred Seventy-Five Thousand Dollars ($6,275,000) for various school, engineering and highwgy, building, and parks and recreation projects (Revenue Sharing allocations). 8. Ordinance, on SECOND REAI)ING, to acknowledge receipt of a grant of $170,590 from the Department of Education, Commonwealth of Virginia.to tbe Virginia Beach School Board and to appropriate these funds to the School Capital Projects Funds. ITEM II G. ORDINANCES 1. City Code Amendments a. Ordinance to amend and reordain Section 23-50 of the Code of the City of Virginia Beach, pertaining to removal of refuse and excess growth from premises. The City Manager recommends approval. 2. General a. Ordinance to authorize a temporary encroachment into a portion of the right-of-way of Kempsville Road. The City Manager recommends approval. 3. Low Bids a. Low bid of Campbell Construction Company, Inc., in the amount of $168,848.00, for the 4th to 6th Street Bulkhead Project; and, authorize the City Manager to enter into the necessary agreements for the implementation of this project. H. UNFINISHED BUSINESS I. NEW BUSINESS 1. Parking on 27 1/2 Street J. ADJOURNMENT 1. Motion to adjourn. M I N U T E S VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia 2 November 1981 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 Confe ren ce Room, City Hal 1 Bu il din g , on Monday, 2 November 1981, at Twelve-Thirty in the afternoon. 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 #17341 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 employmen-t, a-ssignment, appointment, promotion, performance, demotion, salaries, disciplining or resignation of public officers, appointees or employees. 2. LEGAL MATTERS: Consultation with legal Counsel or r@iefings by 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 Coun c il man Stand in g , secon ded by Coun c il man Buc hanan City Council voted to proceed into the EXECUTIVE SESSION following the INFORMAL SESSION. V o t i n g 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 E R S B Y T H E M A Y 0 R LETTER TO ACCOUNTANTS ITEM #17342 Mayor McCoy advised Councilman Baum that his letter to the Accounting Firm of A. Lee Rawlings was excellent. BICYCLE LAWS ITEM #17343 Mayor-McCoy made reference to a letter from a child concerned with the illegality of riding double when the bicycle shops are permitted to sell "foot Oegs". The City Manager advised Council State Law prohibits riding double on a bicycle, and he will respond to the letters received concerning this matter. BORROW PITS ITEM #17344 Councilwoman Oberndorf advised that Mrs. Betrice Fortune presented pictures showing trash and debris which had been deposited in the Homestead Borrow Pit. The Director of Public Works addressed this matter. ADDITIONAL PARKING ITEM #17345 Councilwoman Henley advised that in the Beach Parkinq and Ocean Front Studies additional parking was not addressed, and requested this matter be placed on a future Council Agenda for an indepth discussion. INTERVIEWS/CANDIDATES ITEM #17346 Councilman Ervin advised he attended the interviews conducted by the PTA, and was so impressed with the quality of the interviews he requested Council consider an interview process such as the one held by the PTA for the Planning Commission and School Board. - 4- I N F 0 R M A L S E S S I 0 N RESOLUTION/BACK BAY ITEM #17347 The City Manager advised he will be bringing to Council on 9 November 1981 the Resolution requested by Councilman Baum regarding Back Bay and the National Wildlife Refuge. BUDGET PROCESS ITEM #17348 The City Manager advised Council that this Budget year will be more difficult than last year's budget preparation, and if any cuts are made in the Educational Budget the same problems will occur as did last year at this time. The City Manager presented to Council an interium audit prepared by A. Lee Rawlings and Company. The completed audit will be presented to Council during the meeting of 9 November 1981. The City Manager advised he will be presenting to Council budget schedules for meetings with the various Department Heads. Coun c il woman Mc Cl anan req ue s ted Coun c i I ad vi se the School Boar d of the "feelings of City Council" concerning the School Board Budget. Mayor McCoy suggested that the City Manager discuss with Council , on a one-to-one basis, their suggestions and reservations regarding the preparation of the Budget for Fiscal Year 1982-1983, and come back to Council with a summary for their consideration. The City Manager will also prepare a summary of his proposals and recommendations, relate them to last year's budget (and possibly the future), as to what effect the recommendation would have on real estate tax, such as fully funding the school budget, once-vs.-twice-a-week garbage/trash pick-up, and giving arithmetic based on last year with alternatives of what can be done to balance the budget. City Council recessed into EXECUTIVE SESSION, (1:30 p.m.) 5- F 0 R M A L S E S S I 0 N VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia 2 November 1981 2:15 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: Rabbi Israel Bornstein B'nai Israel Congregation PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA - 6- ITEM II-D.1 ITEM #17349 Upon mofion by Councilman Standing, seconded by Councilwoman Henley, City Council voted to APPROVE the Minutes of the Regular Meeting of October 26, 1981, as CORRECTED. Item #17316 - The City Manager advised that several Council Members were concerned regarding the trans- fer of Bond funds to pay for Cox High School AND ELEMENTARY SCHOOL GYMNASIUMS, and explained that several projects will have to be delayed to provide the funds for the CONSTRUCTION OF THE HIGH SCHOOL, (COX HIGH SCHOOL). Item #17327 - Councilwoman Henley Oberndorf seconded the motion. Voting: 1 1 - 0 Council Members Voting Aye: John A. Baum, E. T. Buchanan, F. Reid Ervin, Vice Mayor Harold Heischober, Barbara M. Henley, Clarence A. Holland, M.D., W. H. Kitchin, III, Reba S. McClanan, Mayor J. Henry McCoy, Jr., D.D.S., Meyera E. Oberndorf, and Patrick L. Standing Council Members Voting Nay: None Council Members Absent: None 7- R E C 0 G N I T I 0 N ITEM II-L.1 ITEM #17350 Mayor McCoy reco gn i ze d the twel ve member s of City-Wi de 4-H Citi zenshi p Club, Mrs. Sam Jennings and Mrs. Lillian Jesse, Leaders, and Herb Pettway, 4-H Extension Agent C 0 N S E N T A G E N D A ITEM II-F ITEM #17351 Upon motion by Coun c il man Hol 1 and , secon ded by Councilwoman Obern dorf , City Council voted to uphold the recommendation of the City Manager and APPROVE the CONSENT AGENDA, with the exception of ITEM II-F.5, which will be voted on separately. Voting: 1 1 - 0 Council Members Voting Aye: John A. Baum, E. T. Buchanan, F. Reid Ervin, Vice Mayor Harold Heischober, Barbara M. Henley, Clarence A. Holland, M.D., W. H. Kitchin, III, Reba S. McClanan, Mayor J. Henry McCoy, Jr., D.D.S., Meyera E. Oberndorf, and Patrick L. Standing Council Members Voting Nay: None Council Members Absent: None - 8- ITEM II-F.1 ITEM #17352 Upon mot 'ion by Coun c il man Hol 1 and , seconded by Co unc il woman Obern dorf City Council voted to uphold the recommendation of the City Manager and ADOPT the Ordinance to authorize acquisition of property in fee simple for right-of-way for Kempsville Road, Phase II, and the acquisition of temporary and permanent easements of right-of-way, either by agreement or by condemnation. V o t i n g : 1 1 - 0 Council Members Voting Aye: John A. Baum, E. T. Buchanan, F. Reid Ervin, Vice Mayor Harold Heischober, Barbara M. Henley, Clarence A. Holland, M.D., W. H. Kitchin, III, Reba S. McClanan, Mayor J. Henry McCoy, Jr., D.D.S., Meyera E. Oberndorf, and Patrick L. Standing Council Members Voting Nay: None Council Members Absent: None - 9- Requested by Public Works Department AN ORDINANCE TO AUTHORIZE ACQUISITION OF PROPERTY IN FEE SIMPLE FOR RIGHT OF WAY FOR KEMPSVILLE ROAD PHASE II AND THE ACQUISITION OF TEMPORARY AND PERMANENT EASEMENTS OF RIGHT OF WAY, EITHER BY AGREEMENT OR BY CONDEMNATION. WHEREAS, in the opinion of the Council of the City of Virginia Beach, Virginia, a public necessity exists for the construction of this important project for public purposes for the preservation of the safety, health, peace, good order, convenience, morale and welfare of the people in the City of Virainia Beach. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: Section 1. That the City Attorney is hereby authorized and directed to acouire by purchase or condemnation pursuant to Sections 15.1-236, et seq. 15.1-898, 15.1-899 and Section 33.1-89, et seq, Code of Virginia of 1950, as amend,d, all that certain real property for permanent easements as shown on the plans or plats entitled, "PLAN AND PROFILE OF PROPOSED STATE HIGHWAY CITY OF VIRGINIA BEACH FROM: 0.13 MI. S. INDIAN RIVER ROAD TO: 0.20 mI. S. CENTERVILLE TURNPIKE KEMPSVILLE ROAD PHASE II" these plans or plats being on file in the Office of Real Estate, Department of Public Works, Virginia Beach, Virginia. Section 2. That the City Attorney is hereby authorized to make or cause to be made in behalf of the City of Virginia Beach, to the extent that funds are available, a reasonable offer to the owners or persons having an interest in said lands, if refused, the City Attorney is hereby authorized to institute proceedings to condemn said property. Section 3. That an emergency is hereby declared to exist and this ordinance shall be in force and effect from the date of i@s adoption. Adopted by the Council of the City of Vii@iniai'BeAch- Virginia, on the 2 day of November 1981. JAR/kg/re 10/19/81 (1981) Requested by Public Works Department AN ORDINANCE TO AUTHORIZE ACQUISITION OF PROPERTY IN FEE SIMPLE FOR RIGHT OF WAY FOR KEMPSVILLE ROAD PHASE II AND THE ACQUISITION OF TEMPORARY AND PERMANENT EASEMENTS OF RIGHT OF WAY, EITHER BY AGREEMENT OR BY CONDEMNATION. WHEREAS, in the opinion of the Council of the City of Virginia Beach, Virginia, a public necessity exists for the construction of this important project for public purposes for the preservation of the safety, health, peace, good order, convenience, morale and welfare of the people in the City of virqinia Beach. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: Section 1. That the City Attorney is hereby authorized and directed to acauire by purchase or condemnation pursuant to Sections 15.1-236, et seq. 15.1-898, 15.1-899 and Section 33.1-89, et seq, Code of Virginia of 1950, as amended, all that certain real property for permanent easements as shown on the plans or plats entitled, "PLAN AND PROFILE OF PROPOSED STATE HIGHWAY CITY OF VIRGINIA BEACH FROM: 0.13 MI. S. INDIAN RIVER ROAD TO: 0.20 MI. S. CENTERVILLE TURNPIKE KEMPSVILLE ROAD PHASE II" these plans or plats being on file in the office of Real Estate, Department of Public Works, virginia Beach, Virginia. Section 2. That the City Attorney is hereby authorized to make or cause to be made in behalf of the City of Virginia Beach, to the extent that funds are available, a reasonable offer to the owners or persons having an interest in said lands, if refused, the City Attorney is hereby authorized to institute proceedings to condemn said property. Section 3. That an emergency is hereby declared to exist and this ordinance shall be in force and effect from the date of i-ts adoption. Adopted by the Council of the City of vii'q'i'ni@'Be@c-@@' Virginia, on the @day of November 1981 JAR/kg/re 10/19/81 (1981) -10- ITEM II-F.2 ITEM #17353 Upon motion by Coun c il man Hol l and , seconded by Coun c il woman Obern dorf City Coun c il voted to up hold the recommen dation of the C ity Manager and APPROVE the following State-Local Hospitalization Contracts: 1980-81 1981-82 Norfolk General Hospital $ 2 2 3 . 54 $ 2 6 3. 9 5 Leigh Memorial Hospital $223.54 $261.95 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-F.3 ITEM #17354 Upon mot'ion by Council man Hol 1 and , secon ded by Co uncil woman Obern dorf City Council voted to uphold the recommendation of the City Manager and APPROVE the following Bingo/Raffle Permits: Raffle Americana Parents' Booster Club Raffle First Colonial Christian School Bingo Filipino Woman's Club of Tidewater Inc . Bingo/Raffle Kellam Band Parents' Association Raffle Lynnhaven Junior High PTA Bingo/Raffle Gymstrada Team Parents' Association* 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 *This permit should be approved with the stipulation that the building must be inspected by officials of the Fire Department prior to occupancy. - 1 2- ITEM II-F.4 ITEM #17355 Upon motion by Councilman Holland, seconded by Councilwoman Oberndorf, City Council voted to uphold the recommendation of the City Manager and APPROVE the request of the Commissioner of the Revenue for license re- funds in the amount of $109.50. Voting: I 1 - 0 Council Members Voting Aye: John A. Baum, E. T. Buchanan, F. Reid Ervin, Vice Mayor Harold Heischober, Barbara M. Henley, Clarence A. Holland, M.D., W. H. Kitchin, III, Reba S. McClanan, Mayor J. Henry McCoy, Jr., D.D.S., Meyera E. Oberndorf, and Patrick L. Standing Council Members Voting Nay: None Council Members Absent: None AN ORDINANCE AUTHORIZING LIC ENSE REFUNDS UPON APPLICATIBN O@ CEI@TAT@L PFRSO'@\S AN' D UPON CERTIFICATION-OF TIIB Co,@IISSIONER OF THE R-VENUE BE -IT ORI)7,1@,,Eb T@E -COL-3-1-@Cl -CTTY or, Vin@iNii@ DilAcii VI.RGI.NIA,. Tha@@ tlie following applications for lic ense refunds, upon certification of thc CO,-mnissioner of the Revenue are iie-eby approved: NA@IE ... .. LICENISB DA-,E YEAR PAID BASE PENALTY INT.- TOTAL Harrington, Robert A. 144 ilann Drive, 1981 9/24/81 109.50 '09.5C) Chesapeake, Va. 23320 Certi.fied as tO Paymen-I.; Commissi.oi-iei.- of Rc@ventiL, Approved as to form: ey The above abatement(s) totaling $ 109.50 were approved I)y the Coun--il of ',-he City o@@ Vircrinia Beach on the 2nd -day of ' November - 1 19 - P',, , H.,ge. SmiLt, - C4@tY Clerk I I - 14- ITEM II - F. 6 ITEM #17356 Upon motion by Councilman Holland, seconded by Councilwoman Oberndorf, City Council voted to uphold the recommendation of the City Manager and ADOPT ON SECOND READING the Ordinance amending an Ordinance entitled "An Ordinance authorizing the issuance of Public Improvement Bonds of the City of Virginia Beach, Virginia, in the maximum amount of $17,000,000". 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 5- REQUESTED BY: CITY MANAGER/FINANCE AN ORDINANCE AMENDING AN ORDINANCE ENTITLED "AN ORDINANCE AUTHORIZING THE ISSUANCE OF PUBLIC IMPROVEMENT BONDS OF THE CITY OF VIRGINIA BEACii, VIRGINIA, IN THE MAXIMUM AMOUNT OF $17,000,000" WHEREAS, the Council of the City of Virginia Beach, Virginia, adodted an ordinance on April 6, 1981, entitled "An Ordinance Authorizing the Issuance of Public Improvement Bonds of the City of Virginia Beach, Virginia, in the Maximum Amount of $17,000,00011 to finance various oublic facilities and improvements; and WHEREAS, subsequent developments have made it desirable to revise the dollar amounts of three of the five purposes stated in section 2 of the ordinance; BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. The ordinance adopted by the Council on April 6, 1981, entitled "An Ordinance Authorizing the Issuance of Public Improvement Bonds of the City of Virginia Beach, Virginia, in the maximum Amount of $17,000,000" is hereby amended to substitute the following statement of purposes in section 2 thereof: School projects, including planning, site acquisition and improvement, construction, enlargement, renovation and equipping of schools and related facilities $9,680,000 Engineering and highway projects, including right-of-way acquisition, improvement and extension of streets and highways, studies, design and construction of drainage systems and related facilities and planning, site acquisition and construction of surface parking facilities 3,154,035 Building projects, including planning, site acquisition and improvement, construction, enlargement, renovation and equippinq of various municipal buildings and facilities, including circuit court clerk's offico, city garage, fire station, central library, marine science museum, visitors' information center, health department, landfill expansion and refuse transfer station 3,915,965 - 1 6 - Parks and recreation projects, including planning, site acquisition and development of new parks 50,000 Water utility project for drillinq emergency deep wells 200,000 TOTAL $17,000,000 2. Except to the extent amended hereby, the ordinance is hereby ratified and confirmed. 3. This ordinance shall take effect immediately. Adopted by the Council of the City of Virginia Beach, virqinia, on the 2 day of November 1981. JDB:er:re 10/15/81 (1981) FIRST READING: October 26, 1981 SECOND READING: November 2,-1981 11,5 0 CO I"4'TE,%l i DEPARTM'NT A 'L) AS r"ITY ATTOR -2- - 1 7- ITEM II -F. 7 ITEM #17357 Upon motion by Coun c il man Hol I and , secon ded by Counc il woman Obern dorf City Council voted to uphold the recommendation of the City Manager and ADOPT ON SECOND READ IN G the Ordinan ce ap prop r ia tin g S ix M il 1 ion Two Hundred Seventy-Fi ve Tho u sand Dollar s ($6 , 275,000) , for vario us school, engineering and highway, building, and parks and recreation projects, (Revenue Sharing Allocations), with the funds allocated for the Central Library to be held in RESERVE until further report from the City Manager (Item #17335, October 26, 1981). Voting: I 1 - 0 Council Members Voting Aye: John A. Baum, E. T. Buchanan, F. Reid Ervin, Vice Mayor Harold Heischober, Barbara M. Henley, Clarence A. Holland, M.D., W. H. Kitchin, III, Reba S. McClanan, Mayor J. Henry McCoy, Jr., D.D.S., Meyera E. Oberndorf, and Patrick L. Standing Council Members Voting Nay: None Council Members Absent: None - 1 8- REQUESTED BY: CITY MANAGER AN ORDINANCE APPROPRIATING SIX MILLION TWO HUNDRED SEVENTY FIVE THOUSAND DOLLARS ($6,275,000) FOR VARIOUS SCHOOL, ENGINEERING AND HIGHWAY, BUILDING, AND PARKS AND RECREATION PROJECTS (REVENUE SHARING ALLOCATION) WHEREAS, City Council desires to provide needed school, engineering and highway, building, and parks and recreation projects for the citizens of Virginia Beach, and WHEREAS, it is anticipated that the city will receive from Federal Revenue Sharing $6,275,000 for the thirteenth entitlement period. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH: That funds to be made available under the Revenue Sharing Program (State and Local Fiscal Assistance Act of 1973 amended) for the period October 1, 1981 through September 30, 1982 be appropriated for the purposes as indicated below: Schools $1,100,000 Engineering and Highways 2,951,000 Buildings 2,061,000 Parks and Recreation 163,000 Total $6,275,000 This ordinance shall be in effect from the date of its adoption. Adopted by the Council of the City of Virginia Beach, Virginia on the 2nd day of November 19 81 First Reading:- October 26, 1 981 Second Reading: November 2, 1 981 ;,.S TO CO!47rNT -19- ITEM II-F.8 ITEM #17358 Upon mot ion by Counc il man Hol 1 and , seconded by Counc il woman Obern dorf City Council voted to uphold the recommendation of the City Manager and ADOPT ON SECOND READING the Ordinance to acknowledge receipt of a Grant of $1 70 , 590 from the Department of Education, Commonweal th of Vi rg in ia , to the Virginia Beach School Board and to appropriate these funds to the School Capital Projects Fund. Voting : I 1 - 0 Council Members Voting Aye: John A. Baum, E. T. Buchanan, F. Reid Ervin, Vice Mayor Harold Heischober, Barbara M. Henley, Clarence A. Holland, M.D., W. H. Kitchin, III, Reba S. McClanan, Mayor J. Henry McCoy, Jr., D.D.S., Meyera E. Oberndorf, and Patrick L. Standing Council Members Voting Nay: None Council Members Absent: None - 20 - AN ORDINANCE TO ACKNOWLEDGE RECEIPT OF A GRANT OF $170,590 FROM THE DEPARTMENT OF EDUCATION, COMMONWEALTH OF VIRGINIA TO THE VIRGINIA BUCH SCHOOL BOARD AND TO APPROPRIATE THESE FUNDS TO THE SCHOOL CAPITAL PROJECTS FUNDS WHEREAS, the Virginia Beach School Board received a grant totalling $170,590 from the State Department of Education under Title VI-B Public Law 94-142, and WHEREAS, these funds were to be used for the Career Develop- ment Center, however, the project is complete, and WHEREAS, it is the desire of the School Board to use these funds for other school projects. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: THAT funds of $170,590 be appropriated to the School Capital Projects Fund and that estimated revenues from the Commonwealth of Virginia be increased by $170,590 to finance the appropriation. THIS ordinance shall be in effect from the date of its adoption. ADOPTED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA ON THE 2n d DAY OF November , 1981 FIRST READING: October 26, 1981 SECOND READING: November 2, 1981 GGD:JDB:er 10-21-81 -O COI@T,;@IT - 21 - ITEM II-F. 5 ITEM #17359 Upon motion by Councilwoman Henley, seconded by Councilman Kitchin , City Council voted to uphold the recommendation of the City Manager and ADOPT on SECOND READING the Ordinance amending Chapter 35, Article II I , Section 35-81 , of the Code of the City of Virginia Beach, to provide for an exemption from the General Retail Sales Tax for artificial or propane gas, firewood, coal or home heating oil used for domestic consumption. Voting: I 0 -1 Council Members Voting Aye: John A. Baum, E. T. Buchanan, F. Reid Ervin, Vice Mayor Harold Heischober, Barbara M. Henley, Clarence A. Holland, M.D., W. H. Kitchin, III, Mayor J. Henry McCoy, Jr., D.D.S Meyera E. Oberndorf, and Patrick L. Standing Council Members Voting Nay: Reba S. McClanan Council Members Absent: None - 2 2- Requested by: City Manager/Finance AN ORDINANCE AMENDING CHAPTER 35, ARTICLE III, SECTION 35-81 OF THE CODE OF THE CITY OF VIRGINIA BEACH TO PROVIDE FOR AN EXEMPTION FROM THE GENERAL RETAIL SALES TAX FOR ARTIFICIAL OR PROPANE GAS, FIREWOOD, COAL OR HOME HEATING OIL USED FOR DOMESTIt COMSUMPTION. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Section 35-81 is hereby amended and reordained as follows: ARTICLE III RETAIL SALE @TAX Section 35-81. Levied; rate; price brackets; no discount. There is h6reby levied and imposed, in addition to all other taxes and fees of every kind now imposed, a general retail sales tax at the rate of one percent to provide revenue for the general fund of the city. The rate of tax shall be added to the rate of the retail sales tax imposed by chapter 8.1 of title 58 of the Code of Virginia (Virginia Retail Sales and Use Tax) and such tax shall be subject to all of the provisions of such chapter and all amendments thereof and the rules and regulations published with respect thereto, except that the applicable brackets of prices shall be as prescribed in sections 58-441.50 and 58-441.51 of the Code of Virginia for the combined tax, and except that no discount under section 58-441.25 of the Code of Virginia shall be allowed on the tax levied by this section. This tax shall no@ a2]2ly to artificial or e gas, firewood, coal or home heating oil used for domestic consumption as defined in section 58-441.6(21) of the Code of Virginia. This Ordinance shall be effective on December 1, 1981. FIRST READING: October 26, 1981 SECOND READING: November 2, 1981 MES/re 10/15/81 10/21/81 10/22/81 (1981-C) 23- 0 R D I N A N C E S ITEM II-G.l.a ITEM #17360 Upon motion by Council man Buchanan , seconded by Counc il man Stand ing C ity Coun c i 1 voted to uphol d the rec ommen dation of the C ity Manage r and ADOPT the Ordinance to amend and reordain Section 23-50 of the Code of the City of Vi rg in ia Beach , Vi rg inia , pe rta in in g to remo va l of refuse and excess growth from premises. Voting 1 1 - 0 Council Members Voting Aye: John A. Baum, E. T. Buchanan, F. Reid Ervin, Vice Mayor Harold Heischober, Barbara M. Henley, Clarence A. Holland, M.D., W. H. Kitchin, III, Reba S. McClanan, Mayor J. Henry McCoy, Jr., D.D.S., Meyera E. Oberndorf, and Patrick L. Standing Council Members Voting Nay: None Council Members Absent: None - 24- REQUESTED BY: CITY MANAGER/PERMITS & INSPECTION AN ORDINANCE TO AMEND AND REORDAIN SECTION 23-50 OF THE CODE OF THE /CITY OF VIRGINIA BEACH, PERTAINING TO REMOVAL OF REFUSE AND EXCESS GROWTH FROM PREMISES BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Section 23-50 of the Code of the City of Virginia Beach is hereby amended as follows: Section 23-50. Accumulations of trash, garbaae, etc., or excessive qrowth of weeds or grass. (a) This section is enacted pursuant to the Code of Virginia, section 15.1-11, and in order to promote the general welfare of the city and the safety, health, peace, good order, comfort, convenience and morals of its inhabitants. (b) Upon determination by the director of permits and inspections, in conjunction with the director of public health, or their agents, that there exists upon any land or premises within the city, including the area in front of such land or premises extending to the curb line, any trash, garbage, refuse, litter and other similar substances premisee-any-e - ther q wth which might endanger .Ira557-weef3@-er -@re the health or safety of other residents of the city, notice shall be served on the owner or his agent and the occupant of the land or premises to cause such trash, garbage, refuse, litter and other similar substances OL'-elrdSST-weede-or-ether-qrewth7 which might endanger the health or safety of other residents, to be removed from such land or premises, within five (5). days from the date of such notice. (c) Upon determination by the director of permits and inspections, or his agents, that there-exists on any land or - 2 5- premises within the city, includinq the area in front of such land or premises extending to the curb line, any qrass, weeds, brush and other foreign growth, which Presents any threat to the health, safety, or qeneral welfare of residents of the city, then notice shall be served on the owner or his agent and the occupant of the land to cause such qrass, weeds, brush or other foreign growth to be removed or cut and removed from such land or premises within five (5) days from the date of such notice. For purposes of this section, whenever grass, weeds, brush or other foreign growth attains the heiqht of fifteen (15) inches or more, it shall be presumed to threaten the health, safety, 6nd qeneral welfare of residents of the city. @+ (d) The notice provided for in subsections (b) and (c) above shall be sent by registered or certified m.ail or, if the owner or his agent or the occupant of the land or premises cannot be found, it may be given by publication for three (3) consecutive days in a daily newspaper of general circulation in the city. @d+ (e) Upon the failure, neqlect or refusil of any owner, agent or occupant of the land or premises upon whom notice has been served as provided in this section to remove or cut and remove such trash, garbage, refuse, litter or other similar substances or grass, weeds or other growth which might endanger the health or safety of other residents of the city, within the time indicated in the notice, the city manager or his agent may have the requisite work done by city forces or by contract. The actual cost of such work shall be charqed to the owner of the land or premises upon whom such notice was served. @e@ (f) When the city manager has accomplished the removal or cutting and removal of trash, garbage, refuse, litter or other similar substances or grass, weeds or other growth pursuant to this section, he shall bill the owner of the land for the cost of such removal or cutting and removal and the cost of publication, if any. If such bill is not paid.within thirty (30) days, the city manager shall transmit such bill to the city treasurer, who shall include such amount in the n6xt regular tax -2- - 26- bill of the owner of such property. Every charge authorized herein which remains unpaid shall constitute a lien aqainst such property and may be collected as taxes and levies are collected. +f+ (g) The failure, neqlect or refusal of an owner, agent, occupant or lessee of land or premises, or owner of beneficiary of an easement or other right to use such land or premises, to comply with terms of a notice served pursuant to this section shall constitute a Class 4 misdemeanor. This Ordinance shall be effective on and after the date of its adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the 2nd day of November 1981. RJN/CB/da 10/19/81 (1981-B) -3- - 2 7- ITEM II-G.2.a ITEM #17361 Upon motion by Councilwoman Oberndorf , seconded by Councilwoman Henley, 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 Kempsville Road, subject to the following provisions: 1. This sign shall be erected in accordance with the specifications of the Public Works Department. 2. This encroachment shall terminate upon notice by the City and shall be removed within thirty (30) days from such notice at the expense of the Brandon Garden Club. 3. The City shall be held harmless from liabilities as a result of this encroachment. 4. This encroachment shall not be in effect until Brandon Garden Club enters into an agreement with the City encompassing the above provisions. Voting: 1 1 -0 Council Members Voting Aye: John A. Baum, E. T. Buchanan, F. Reid Ervin, Vice Mayor Harold Heischober, Barbara M. Henley, Clarence A. Holland, M.D., W. H. Kitchin, III, Reba S. McClanan, Mayor J. Henry McCoy, Jr., D.D.S., Meyera E. Oberndorf, and Patrick L. Standing Council Members Voting Nay: None Council Membert Absent: None - 28- Requested by:Public works AN ORDINANCE TO AUTHORIZE A TEMPORARY ENCROACHMENT INTO A PORTION OF THE RIGHT-OF-WAY OF KEMPSVILLE ROAD 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, the Brandon Garden Club is authorized to erect and maintain a temporary encroachment into a portion of the City right-of-way of Kempsville Road. That the temporary encroachment herein authorized is for the purpose of erecting a community identification sign and that said sign shall be erected 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 known as Kempsville Road, as shown on that certain plat entitled: "Plat Showinq Riqht-Of-Way Encroachment Easement Into a Portion of Kempsville Road, a copy of which is on file in the Virginia Beach Department of Public Works 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 any officer of Brandon Garden Club and within thirty (30) days after such notice is given, said community identification sign shall be removed from the City right-of-way of Kempsville Road by the Brandon Garden Club and that the Brandon Garden Club shall bear all costs and expenses of such removal; and PROVIDED FURTHER, that it is expressly understood and agreed that the Brandon Garden Club 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 - 2 9- necessary to file or defend an action arising out of the location or existence of such community identification sign; and PROVIDED FURTHER, this ordinance shall not be in effect until such time that the Brandon Garden Club executes an agreement with the City of Virginia Beach encompassing the afore-mentioned provisions and other provisions deemed appropriate by the City Attorney. Adopted by the Council of the City of Virginia Beach, Virginia, on the 2nd day of November 19 81 Approval is subject to the fol lowing provisions: 1. This sign shall be erected in accordance with MES/re the specifications of the Public Works Department. 8/14/81 10/26/812. This encroachment shall terminate upon notice by (29-C) the City and shal 1 be removed within thirty (30) days from such notice at the expense of the Brandon Garden Club. 3. The City shall be held harmless from liabilities as a result of this encroachment. 4. This encroachment shall not be in effect until Brandon Garden Club enters into an agreement with the City encompassing the above provisions. -2- - 30 - ITEM II-G.3.a ITEM #17362 The foll.owing bids have been received for the 4th to 6th Street Bulkhead Project: Campbell Construction Company, Inc. $168,848.00 Luke Construction Company $211,520.00 T. A. Loving Company $220,648.00 Lynnhaven Marine Construction Company, Inc. $222,234.00 Crowder Contracting $234,036.00 Virginia Bridge and Structures, Inc. $235,400.00 W. H. Belanga, Inc. $279,800.00 Ford Pile Foundation, Inc. $299,920.00 City's Estimate $208,608.00 Upon motion by Councilman Ervin, seconded by Councilman Baum, City Council voted to uphold the recommendation of the City Manager and APPROVE the low bid of Campbell Construction Company, Inc., in the amount of $168,848.00 for the 4th to 6th Street Bulkhead Project; and, authorized the City Manager to enter into the necessary agreements for the implementation of this project. Voting I 0 - 0 Council Members Voting Aye: John A. Baum, E. T. Buchanan, F. Reid Ervin, Vice Mayor Harold Heischober, Barbara M. Henley, Clarence A. Holland, M. D., W. H. Kitchin, III, Reba S. McClanan, Mayor J. Henry McCoy, Jr., D.D.S., Meyera E. Oberndorf Council Members Voting Nay: None Council Members Abstaining: Patrick L. Standing Council Members Absent: None - 31- U N F I N I S H E D B U S I N E S S ITEM II-H.1 ITEM #17363 Councilman Baum made reference to a variance to the Subdivision Ordinance in the name of Alonzo D. Twiford coming before Council November 23, 1981, and requested Council hold an INFORMAL BRIEFING SESSION to discuss subdivision variances in the rural areas of the City. SURPLUS FUNDS ITEM #17364 Councilman Ervin advised that as a result of Council's discussion last week, October 26, 1981, and for future clarification, requested the City "balance" on Bond issues that have been approved, (balance the overages with the savings), and any new projects introduced regardless of category, ONLY be introduced after approval of Council. Councilman Ervin did state, however, that if this matter can be "handled by Ordinance" he would prefer that. The City Attorney advised the matter can be "handled" by Ordinance. Councilwoman Henley advised that during the last Bond Referendum the City committed themselves to report to the public.on spending, (Water and Sewer, Roads, etc.). The City Manager advised that Edwin S. Clay, III, was preparing that report for the citizens of Virginia Beach. N E W B U S I N E S S ITEM II-1.1 ITEM #17365 Attorney Stuart Held, representing Nicholas I. Christie, owner of the Idlewhyle Motel, spoke before Council requesting that parking on 271/2 Street be eliminated as Mr. Christie purchased property on 28th Street and Pacific Avenue to provide more parking for the guests in his motel. The problem arises when guests from the Viking Motel block 271/2 Street, which prevents Mr. Christie's guests fiom utilizing the parking area on 28th Street. Attorney Grover C. Wright, Jr., representing John Vakos, owner of the Viking Motel, spoke before Council requesting that parking be permitted on 271/2 Street as Mr. Vakos had paved this "alley" many years ago when it was a "paper alley". There being no motion, the recommendation of the City Manager to permit parking on the north side of 271/2 Street, with the westernmost parking space at a point where the alley becomes narrower eliniinated, and any unauthorized loading zone designations removed, remains in effect. No action was taken by City Council on this matter. 3 2- ITEM II-I. 2 ITEM #17366 Upon motion by Councilman Standing, seconded by Councilwoman Henley, City Council voted to RECESS into EXECUTIVE SESSION (2:50 p.m.), for the purpose of discussing a Personnel Matter, and to adjourn there- af ter . 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 BAUM VOICED A VERBAL "AYE".