HomeMy WebLinkAboutSEPTEMBER 14, 1981 MINUTES
Cit
"WORLD'S LARGEST RESORT CITY"
CITY COUNCIL
MAYOR 1. HENRY McCOY JR., D.D.S., K..p,.ill, B...Sb
VICE-MAYOR HAROLD HEISCIIOBER. A@ L.,g,
JOHN A. BAUM, BI-A-11, B-@-gh
E. T. BUCHANAN, Ly..b.... B.,..gh
F. REID ERVIN, A, L.,g,
BARBARA M. HENLEY, P-8. B...gb
CLARENCE A. HOLLAND, M.D., S.y.id. B .... gb
9'. H. KITCHIN, lit, Vigi.i. B ... b B.@.gb
REBA S. M@CLANAN, P,i .... @ A... B.-gh
MEYERA E. OBERNDORF, A, L.,g, 212 CrrY HALL BUILDiNc
PATRICK L. STANDING, A, L.,g, MUNICIPAL CENTER
VIRGINIA BEACH. VIRGINIA 23456
Rt,'TH HODGES SMITH, Ci'Y Cillk fBO4) 4r.4303
CITY COUNCIL AGENDA
September 14, 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 for discussion by Council.
3. Burton Station Neighborhood Plan: Discussion.
4. City and School Blue Cross/Blue Shield Coverage: Discussion
7f-item appearing on formal agenda.
5. Amendment to Haster Street and Highway Plan: Discussion of
proposed realigrment of London Bridge Road. Also item appear-
ing on formal agenda.
ITEM II FORKAL SESSION: 2:00 p.m.
A. INVOCATION: Reverend A. E. Shuttlesworth
Calvary Assembly of God
B. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF A14ERICA
C. ELECTRONIC ROLL CALL OF COUNCIL
D. MINUTES OF PREVIOUS MEETING:
1. Motion to accept/approve the Minutes of Aucjust 24, 1981.
2. Motion to accept/approve the Minutes of the Special Meeting
of September 9, 1981.
ITEM II E. PRESENTATION
1. Chamber of Commerce - Neptune Festival Flag
2. Mr. Albert B. Gornto, President, Four Cities United Way
F. RESOLUTION
1. Certificate of Appreciation
G. PUBLIC HEARING
1. Atlanti,-/Pacific Avenues - one-way traffic
H. 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 amend and reordain Section 38-3 of the code of
the City of Virginia Beach pertaining to the discharge of
firearms, air guns, etc.
2. Ordinance to authorize the acquisition of property in fee
simple for utility purposes from Timberlake Comnunity Assoc-
iation by agreement or condemnation.
3. Ordinance to amend and reordain Sections 8-91, 8-92, 8-93,
8-94, 8-95, 8-96, 8-98, and 8-99 of the Code of the City of
Virginia Beach, pertaining to the Board of Plumbing and
Mechanical Appeals.
4. Request for deferral for an additional two weeks of an ordi-
nance to amend Section 35-114 of the City Code pertaining to
tax on purchasers of utility services.
S. Request for deferral for an additional two weeks of an Ordi-
nance to amend and reordain the Comprehensive Plan regarding
rezoning applications.
6. Application of Poseidia Institute, Inc., for a raffle permit.
7. Raffle Permits:
Backbay Wildfowl Guild, Inc. Raffle
Princess Anne Plaza Garden Club Raffle
S. Request of the Commissioner of the Revenue for license refunds
in the amount of $1,451.57.
9. Ordinance, on SECOND READING, authorizing the issuance of Public
Improvement Bonds of the City of Virginia Beach, Virgi-,iia, t.1
ini.-4t-num amount of $,1,300,000.
ITEM 11 H. CONSENT AGENDA (Continued)
10. Ordinance, on SECOND READING, to appropriate $2,958,685
for City of Virginia Beach School Programs funded by
special categorical grants for School Year 1981-82.
I. PLANNING ITEMS
1. Deferred Items
a. Ordinance to amend the Master Street and Highway Plan
dated December 16, 1974 pertaining to @ndon Bridge Road.
This matter was deferred on July 13, 1981, until Aucjust 10,
1981, on August 3, 1981, until Au @ t 17, 1981, and on
August 17, 1981 until today.
1. Letter from the City Manager transmits the recommenda-
tion of the Planning Commission for oval.
2. New Items
a. Application of United t e for the
L-. Wo-d e, for a change of zoning from &-_4
nti I c to ka QMnll%-Misinega @
ct on a .648-acre parcel located along the east
side of Kempsville Road, south of Bonneydale Road
(Kempsville Boroucjh)-
1. Letter from the City Manager transmits the re-
commendation of the Planning Commission for i
b. Application of A_ @d SS. i for a
change of zoning from R-4 ti 1 to
i r on a .845-acre parcel
located along the east side of Kempsville Road, north
of the intersection of Indian River Road and south of
Bonneydale Road (Yempsville Borough).
1. Letter from the City Manager transmits the re-
commendation of the Planning Commission for i 1.
c. Application of A_ @ A._ for a
change of zoning from @4 District to
r t on a 1.083-acre I>arcel
located along the east side of Kempsville Road, north
of the intersection of Indian River Road and south of
Bonneydale Road (Kempsville Borough).
1. Letter from the City ',4anager transmits the re-
commendation of the Planning Commission for I 1.
ITEM II I. PLANNING ITEMS (Continued)
2. New Items (continued)
d. Application of @Ll IL And L.. McDaniel for a
change of zoning from R-4 Residential District to
Community-Business on a .823-acre parcel
located along the east side of Kmpsville Road, north
of the intersection of Indian River Road and south of
Bonneydale Road (Kempsville Borough).
1. Letter frcm the City Manager transmits the re-
commendation of the Planning Commission for
e. Application of L.. @for a change of zoning
from B-_4 idential r to @ Communitv-Business
3. on a .968-acre parcel located along the east
side of Kempsville Road, north of the intersection of
Indian River Road and south of Bonneydale Road ( @'npsville
Borough).
1. Letter from the City Manager transmits the re-
commendation of the Planning commission for denial.
f. Application of @d aL @e Canter for a con-
ditional use permit for a church on a 14.77-acre parcel
located on the west side of Princess Anne Road, south of
Lynnhaven Parkway (Kempsville Borough).
1. Letter from the City Manager transmits the re-
commendation of the Planning Commission for
Application of arry pglay for a conditional use permit
for an " a"r nt on a .499-acre parcel
located on the nortb side of Virglaia Beach Boulevard,
west of North Great Neck Road (Lynnhaven Borough).
1. Letter from the City Manager transmits the re-
commendation of the Planning Commission for approval.
h. Application of e &L @e Newlight Church for
a conditional use permit for a h (expansion) on a
1.8-acre parcel located along the southwest corner of
Indian River Road and Church Street (Kempsville Borough).
1. Letter from the City Manager transmits the re-
commendation of the Planning Commission for approval.
J. ORDINANCES
1. General
a. Application of F. Wayne McLeskey for the closure of a
.portion of old Wolfsnare Road (Lynnhaven Borough).
1. Letter from the City Manager transmits the recommenda-
tion of the Planning Commission and the Viewers for
OV 1.
DEFERRED ON AUGUST 24, 1981 UNTIL TODAY.
ITEM II J. ORDINA14CES (Continued)
1. General (continued)
b. Ordinance declaring excess a 0.257 acre parcel of land in the
Virginia Beach Borough which lies adjacent to Lake Holly
and Lakewood Circle.
c. Ordinance to authorize a temporary encroachment into a
portion of the right-of-way of Virginia Beach Boulevard
to Gateway Church and School.
d. Ordinance to authorize a temproary encroachment into a
portion of the right-of-way of Butternut Lane to Princess
Anne Marine Sales, Inc.
2. Appropriations
a. Ordinance, on FIRST READING, to amend and reordain Section
9 of the Ordinance making appropriations for the Fiscal
Year beginning July 1, 1981 and ending June 30, 1982 to
change the mileage allowance to conform with the State.
b. Ordinance, on FIRST @ING, to appropriate -?2,lqn,913, for
Fiscal Year 1982 for the payment of purchase orders brought
forward from Fiscal 1981.
c. Ordinance to transfer and appropriate funds of $1,123,504
for the additional cost of the City and School Health Care
Prograins.
3. Bids
a. Low Bid of ABphalt Roads and Materials, in the amount of
$595,782,26, for the Doyletown Street Improvements Community
Development projecti and, authorize the City Manager to
enter into the necessary agreements for the implementation
of this project.
K. APPOINTMENTS
1. Personnel Board
2. Wetlands Board
L. UNFINISHED BUSINESS
M. NEW BUSINESS
N. ADJOLTRNMENT
1. Motion to adjourn
M I N U T E S
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
14 September 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 Conference Room, City Hall Building, on Monday, 14 September
1981, at Twelve-Thirty in the afternoon.
Council Members Present:
E. T. Buchanan, F. Reid Ervin, Vice Mayor Harold
Heischober, Barbara M. Henley, Clarence A. Holland,
M.D., W. H. Ritebin, III, Reba S. McClanari, Mayor
J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Absent:
John A. Baum 1% and Patrick L. Standing**
ITEM #17122
Mayor McCoy entertained a motion to permit Council to conduct its
INFORMAL SESSION to be followed by the EXECUTIVE SESSION for tbe
purpose of discussing the following:
1. Discussion or consideration of employment, assignment,
appointment, promotion, performance, demotion, salaries,
disciplining or resignation of public officers, appointees
or employees. (PERSONNEL MATTERS).
2. Discussion or consideration of the condition, acquisition
or use of real property for public purpose, or of the
dispoqition of pu blicly held property, or of plans for
the futtwe of an institution which could affect the value
of property owned or desirab@e for ownership by such
institution. (PUBLICLY HELD PROPERTY).
3. Consultation with legal Counsel and briefings by staff
members, consultants oi attorneys, pertaining to actual
or potential litigation, or other legal matters within
the jurisdiction of the public body. (LEGAL HATTERS).
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Upon motion by Councilman Buchanan, seconded by Councilman Holland,
City Council voted to proceed into the EXECUTIVE SESSION following
the INFORMAL SESSION.
Voting: 9-0
Council Members Voting Aye:
E. T. Buchanan, F. Reid Ervin, Vice Mayor Harold
Heischober, Barbara M. Henley, Clarence A. Holland,
M. D., W. H. Kitchin, III, Reba S. McClanan, Mayor
J. Henry McCoy, Jr., D.D.S., and Meyera E. oberndorf
Council Members Voting Nay:
Non@
Council Members Absent:
Jobn A. Baum*, an'd Patrick L. Standing**
*COUNCILMAN BAUM ENTERED MEETING AT 12:52 p.m.
**COUNCILMAN STANDING ENTERED MEETING AT 12:36 p.m-
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M A T T E R S B Y T H E M A Y 0 R
TRT BUS ROUTE ITEM #17123
Mayor McCoy made reference to a letter received from a citizen
requesting a bus route from Leigh Memorial Hospital to the City
Hall complex, (Princess Anne Road).
CLOSURE OF SEASHORE STATE PARK ITEM #17124
Mayor McCoy advised Council that the State would be closing Seashore
State Park on October 1, 1981. The public will not be permitted
to utilize the bicycle trails, etc.
Mayor McCoy requested a Resolution be drafted requesting the State
to delay the closure of the Park.
PURCHASE OF AUTOMOBILES ITEM #17125
Mayor McCoy requested the City Manager to study the possibility of
purchasing American-made automobiles in lieu of foreign models, and
draft a Resolution supporting American-made automobiles.
M A T T E R S B Y C 0 U N C I L M E M B E R S
VIRGINIA MUNICIPAL LEAGUE ITEM #17126
Councilwoman Henley advised that she and Councilwoman Oberndorf
serve or@ the Environmental Quality Committee of the Virginia
Mynicipal League. The Committee met Thursday, September 10, 1981,
in Richmond, Virginia.
Councilwoman Henley advised she would present each Member of
Council with a copy when the report, (final statement) is
printed.
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LOCAL LAND USE ITEM #17127
Councilwoman Oberndorf advised while attending the Environmental
Quality Committee meeting she obtained a summary of the Judicial
Review of Local Land Use Decisions in Virginia from tbe Virginia
Supreme Court.
SEWER SYSTEMS/PIPE LINES ITEM #17128
Councilman Ervin advised that there are a number of small areas
within the City of Virginia Beach where new sewer systems are
existing which bypass small clusters of homes, or buildings
and are creating a health hazard.
Councilman Ervin requested Council's approval on the engineering
studies to correct this matter.
This matter will be on the Agenda of September 28, 1981.
I N F 0 R M A L S E S S I 0 N
BURTON STATION PLAN ITEM #17129
The City Manager advised Council that tbe residents of Burton Station
met on several occasions planning for a community which would be
able to take existing zoning and either downgrade or improve
zoning so the residents can have a homogeneous neighborhood, and make
the necessary improvements needed in the area.
The City Manager advised that zoning changes would be necessary
to place the Plan into effect. To protect all property owners
requesting individual zoning changes, the City Manager recommended
this matter be initiated by the City based upon the Comprehensive
Plan of the Burton Station area; and, Council adopt a Resolution
forwarding tbe Plan to the Planning Commission.
Mr. Isaac Herbert, representing Burton Station, spoke on this
matter.
Mr. Timothy Barr6w, Barrow and Associates, spoke on this matter
and advised that on April 13, 1981, the initial three (3) alternatives
were presented to Council.
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Mr. Barrow advised, with illustrations, that the areas noted in
light purple are to be changed from Industrial District One to
Residential District, which amounts to approximately 50.2 acres;
the areas noted in light biue are to be changed from Industrial
District to Residential District; and, the areas noted in red
are to be changed from Community-Business District to Residential
District .
This matter will be on the Agenda of September 28, 1981.
CITY AND SCHOOL INSURANCE ITEM #17130
The City Manager advised Council of an Ordinance to transfer and
appropriate funds of $1,123,504 for the additional cost of the
City and School health care programs (Blue Cross/Blue Shield).
MASTER STREET/HIGHWAY PLAN ITEM #17131
The City Manager advised that an amendment to the Master Street
and Highway Plan was on the Agenda today, September 14, 1981,
to "shift" the alignment of London Bridge Road so as to inter-
sect with Oceana Boulevard (General Booth Boulevard), in line
with Red Mill Boulevard in the Red Mill Farm Subdivision.
City Council recessed into the EXECUTIVE SESSION, (1:30 p.m.)
9/ 1 4/ 81
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F 0 R M A L S E S S I 0 N
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
14 September 1981
2:15 p.m.
Council Members Present:
Jobn 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. McClanar4
Mayor J. Henry McCoy, Jr., D.D.S., Meyera E. Oberndorf,
and Patrick L. Standing
Council Members Absent;
None
INVOCATION: Reverend A. E. Shuttlesworth
Calvary Assembly of God
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
7-
M I N U T E S
ITEM ii-D.1 ITEM #17132
Upon motion by Councilman Standing, seconded by Vice Mayor Heischober,
City Council voted to APPROVE the Minutes of the Regular Meeting of
August 24, 1981 AND the Minutes of the Special Meeting of September 9,
1981.
Voting: 11-0
Council Members Voting Aye:
John A. Baun6 E. T. Buchanari, 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
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R E S E N T A T I 0 N S
ITEM II-E.1 ITEM #17133
Mrs. Nancy Creech, President of the Virginia Beach Chamber of
Commerce, spoke before Council to advise that the 1981 Neptune
Festival would begin on 25 September 1981.
Mr. Curtis Catron, Chairman of the Neptune Festival, spoke
before Council and presented them a Flag, the first official
banner depicting the Virginia Beach Neptune Festival.
ITEM II-E.2 ITEM #17134
Mr. Albert B. Gornto, President, Four Cities United Way, spoke
before Council to remind the citizens of Virginia Beach of
this important Community undertaking, and to thank Council for
their continued support.
The campaign will begin September 15, 1981.
R E S 0 L U T I 0 N
ITEM II-F.1 ITEM #17135
Upon motion by Councilman Standing, seconded by Councilwoman Oberndorf,
City Council voted to ADOPT the Resolution of Appreciation and present
same to:
Alfred W. Craft, Jr,
Development Authority
(1964 - 1981)
9-
RESOLUTION OF APPRECIATION
TO
ALFRED W. CRAFT, JR.
WHEREAS, At6,%ed W. Cta6t, J,%., has zetved az a membe)L o6 the
Devetopment Authotity 6,tom 1964 to 1981; and,
WHEREAS, AZ6,%ed W. CiLait, J)c., ha4 zeilved wiZZingzy and unti,%ingty
in behat6 o6 the City 06 Vitginia Beach; and,
WHEREAS, hiz dedication and unzee6ish ze,%vice invozved pe,%4onat
zac,tiiicez and inconvenience-6, not onzy to him, but itequentzy
to hi4 6amiZy and/ot buzinezz; and,
I
WHEREAS, we t)Euzt he teatized 4ati4jaction in Zucce-64juEty
admini.6te,%ing in hiz advi4oty capacity not onty to City Councit,
but to the citizenz o6 thiz ia4t gtowing met,%opotiz.
NOW, THEREFORE, BE IT RESOLVED: That the Vitginia Beach City
CounciY- )Lecognize,6 thi.6 tecotd oi zeventeen [171 yeaxz oi
di-6tinguizhed zetvice in pubZieZy ex.p,%ezzing it.6 zince,%e g)Latitude
io,t hiz cont)Libution o6 time, ene,%gy and inte-etect.
BE IT FURTHER RESOLVED; That thi,6 Rezo-eution o6 App,%eciation be
made a patt o6 the p,%oceedingz oi the Fo,%maZ Sezzion oi City
Councit thi,6 Foutteenth day o6 Septembe,%, 1981, in the City o6
Vi,tg.cn,La oeach, vi,%ginia.
Given unde,% my hand and zeaz thiz Fouiteenth day o6 Septembe,%, 1981.
Mayot
City o6 ViiEginia Beach
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
P U B L I C R E A R I N G
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ITEM II-G.1 ITEM #17136
The City Clerk read the following Resolution presented by the
President of the Virginia Beach Chamber of Commerce, Mrs. Nancy
A. Creech:
R E S 0 L U T I 0 N
WHEREAS, the current traffic problems in the
resort area are a severe inconvenience to visitors and
residents; and,
WHEREAS, these traffic problems hinder the
movement of emergency vehicles, and thus constitute
a public safety hazard; and,
WHEREAS, the proposed one-way traffic plan
would be modified or abandoned after the one-year trial
period.
THEREFORE, BE IT RESOLVED, the Virginia Beach
Chamber of Commerce endorses the proposed one-way traffid
program for Atlantic and Pacific Avenues.
AND BE IT FURTHER RESOLVED, it is requested the
City of Virginia Beach investigate and act to increase off-
street parking, eliminate certain on-street parking in con-
gested areas, and abandon the 24-hour metered parking program.
The following spoke concerning the Public Hearing:
Mr. Alan Dalton, President, North Virginia Beach
Civic League
Mr. S. A. Karageorge, businessman in Beach Borough
appeared in opposition
Mr. Joe Howa, businessman in Bea'cb Borough appeared
in opposition
Mr. Thomas E. Coghill, 2961 South Sandfiddler Road,
hotel and businessman in Beach Borough.appeared in
opposition
Mr. Henry Morgan, appearing in behalf of.the Pacific
Place Merchants, and Life Federal Savingi%and Loan,
United Virginia Pank and the Virginia Be.ach,Bank
of Commerce spoke in opposition.
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Mr. B. Bruce Taylor, businessman in the area
appeared in opposition, and submitted a petition
with 166 signatures, (copies of which will be made
a part of these proceedings), opposing one-way
traffic on Atlantic/Pacific Avenues
Melvin Koch, President of the Tourist Bureau of
Virginia Beac'ii, appeared In opposition
Attorney Grover C. Wright, Jr., representing
nineteen (19) property owners from the
Lighthouse Restaurant to the Sea Vacationer
Motel, appeared in opposition
Mr. R. W. Chaplain, hotel owner in Beach Borough
appeared in opposition
Mr. Bill McClanan, Atlantic Cleaners and Laundry
205 21st Street, appeared in opposition to the
closure of 21st Street.
Mrs. Nancy Parker, President of the Old Beach
Civic League, Member of the Oceanfront Parking
Plan, and resident of Beach Borough.
The Mayor declared the Public Hearing closed.
Councilman Standing made a motion NOT to proceed with one-way
of Atlantic and Pacific Avenues this year and that the Council
proceed with traffic control officers; institute a study of improving
Arctic and Baltic Avenues; proceed with the City's plans to provide
beautification on Atlantic Avenue; if needed, additional resort
area police officers be assigned to that area; that the City
encourage privately-developed parking, and the City, itself,
proceed with additional parking in the Beach Borough; provide
parking for residents visiting the Beach Borough, and for those
businesses needing parking; that the City continue in a normal
course of events towards improving the entire Beach Borough,
seconded by Councilwoman McClanan.
Councilman Standing withdrew his motion.
Upon motion by Councilman Standing, seconded by Councilwoman McClanan,
City Council voted to NOT proceed with one-way Atlantic/Pacific
Avenues, this year.
Voting: 8- 3
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Council Members Voting Aye:
E. T. Buchanan, P. Reid Ervin, Vice Mayor Harold
Heischober, Barbara M. Henley, W. H. Kitchin, III,
Reba S. McClanan, Mayor J. Henry McCoy, Jr., D.D.S.,
and Patrick L. Standing
Council Members V6ting Nay:
John A. taum, Clarence A. Holland, M.D., and
Mayor J. Henry McCoy, Jr., D.D.S.
Council Members Absent:
None
Mayor McCoy apoointed Councilmen W. H. Kitchin, III, Clarence A.
Holland,.City Manager George L. Hanbury, Public Works Director
C. Oral Lambert, and Planning Director Robert J. Scott.
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C 0 N S E N T A G E N D A
ITEM II-E ITEM #17137
Upon motion by Councilman Holland, seconded by Councilman Buchanan,
City Council voted to uphold the recommendation of the City Manager
and ADOPT the CONSENT AGENDA, excepting items II-H.1, II-H.2, and
II-H.6.
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. R. 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
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ITEM II-H.3 ITEM #17138
Upon motion by Councilman Holland, seconded by Councilman Buchanan,
City Council voted to uphold the recommendation of the City Mauager
and ADOPT the Ordinance to amend and reordain Sections 8-91, 8-92,
8-93, 8-94, 8-95, 8-96, 8-98, and 8-99 of the Code of the City of
Virginia Beach, Virginia, pertaining to the Board of Plumbing and
Mechanical Appeals.
Voting: 11-0
Council Members Voting Aye:
John A. Bauu6 E. T. Buchanan, F. Reid Ervin, Vice Mayor
Harold Heischober, Barbara M. Henley, Clarence A. RD11and,
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 MembersVoting Nay:
None
Council Members Absent:
None
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AN ORDINANCE TO AMEND AND REORDAIN
SECTIONS 8-91, 8-92, 8-93, 8-94,
8-95, 8-96, 8-98, and 8-99 OF THE
CODE OF THE CITY OF VIRGINIA BEACH,
VIRGINIA, PERTAINING TO TFIE BOARD OF
PLUMBING AND MECHANICAL APPEALS
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA:
That Sections 8-91, 8-92, 8-93, 8-94, 8-95, 8-96, 8-97,
8-98, and 8-99 of the Code of the City of Virginia Beach,
Virginia, are hereby amended and reordained as follows:
ARTICLE IV. BOARD OF PLUMBING AND MECHANICAL APPEALS.
Section 8-91. Created; composition; appointment and terms of
members.
There is hereby created a board of plumbing and mechanical
appeals which shall consist of -feer f4+ five (5) members as
follows: one licensed and registered architect, one licensed and
registered engineer, one licensed and registered building
contractor, one licensed and registered Level II mechanical
worker holding a certificate as such, and one licensed and
registered master Level II plumber holding a certificate of
competancy as such, all of whom shall be appointed by the city
council for terms of two (2) years. In addition, the building
official or his designee, and the plumbing inspector and the
mec.hanical inspector shall be ex-officio members of such board.
A member appointed to fill a vacancy on the board shall serve for
the unexpired term to which he is appointed.
Section 8-92. Members to serve without compensation.
The members of the board of plumbing and mechanical appeals
shall serve without compensation.
Section 8-93. Secretary.
The building official or his designee shall act as
secretary to the board of plumbing and mechanical appeals. The
secretary shall keep minutes of the proceedings of the board.
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Section 8-94. Rules of procedure; meeti ngs to be public.
(a) The board of plumbing and mechanical appeals shall
adopt, from time to time, with the approval of the city council,
rules and. regulations for its procedure..
(b) All meetings of the board of plumbing and mechanical
appeals shall be public.
Section 8-95. Quorum.
A quorum of the board of plumbing and mechanical appeals
shall consist of a majority of the appointed members.
Section 8-96. Appeals generally.
(a) Any person taking exception to a ruling of,the plumbing
or mechanical inspector as to the method of construction or use
of materials in plumbing and/or mechanical work or systems not
specifically covered in this chapter or the building code may
appeal therefrom to the board of plumbing and mechanical appeals
and the board may review any order or decision of the plumbing
or mechanical inspector relating thereto. The board shall hear
the intervention of any interested person.
(b) Notice of appeal to the board of plumbing and
mechanical appeals shall be in writing and filed within thirty
(30) days after the decision is rendered by the plumbing or
mechanical inspector. A fee of twenty-five dollars ($25.00)
shall accompany such notice of appeal.
Section 8-97. Grant of variances or modifications.
(a) The board of plumbing and mechanical appeals, when
appealed to and after a hoaring, may vary the application of any
provision of this ch@pter or the building code relating to
plumbing and mechanical work or systems to any particular case
when, in its opinion, the enforcement thereof would do manifest
injustice and would be contrary to the spirit and purpose of such
provisio n or public interest or when, in its opinion, the
interpretation of the piumbing or mechanical inspector should be
modified or reversed.
-2-
-1 8-
(b) In a specific case where there are practical
difficulties of construction or arrangement in the way of
carrying out the strict letter of any provision of this chapter
or the building code relating to plumbing and mechanical work or
systems, or where there is a reasonable doubt as to the exact
meaning of any such provision, as applied to a specific case, or
where unnecessary hardship would thereby result, the board may,
in any such specific case, after due hearing, grant a variance to
such provision so that the intention thereof shall be carried out
and substantial justice done.
Section 8-98. Decisions.
(a) Every decision of the board of plumbing and mechanical
appeals shall be final, subject, however, to such remedy as any
aggrieved party might have at law or in equity. Such decision
shall be in writing and shall indicate the vote on the decision.
Every decision shall be promptly filed in the office of the
plumbing or mechanical inspector and shall be open to public
inspection. A certified copy shall be sent by mail or otherwise
to the appellant and a copy shall be kept publicly posted in the
office of the plumbing or mechanical inspector for two (2) weeks
after filing.
(b) The board of plumbing and mechanical appeals shall, in
every case, reach a decision without unreasonable or unnecessary
delay.
(c) A decision of the board of plumbing and mechanical
appeals to grant a variance or to modify an order of the plumbing
or mechanical inspector shall specify in what manner such
variance or modification is made, the conditions upon which it is
made and the reasons therefor.
If a decision of the board of plumbing and'mechanical
appeals reverses or modifies a refusal, order or disallowance of
the plumbing or mechanical inspector or varies the application of
any provision of this chapter or the building code, the plumbing
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1 9-
or mechanical inspector shall immediately take action in
accordance with such decision.
Section 8-99. Posting of ruling's and orders.
Any ruling or order of the board of plumbing and mechanical
appeals shall be posted for public inspection in the office of
the plumbing or mechanical inspector.
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 September 14, 1981
RJN/CJ/da
8/25/81 APPROVED AS TO CONTENT
(A-1981)
SIGNATURE
DEPAIZTMENT
TO -o
-4-
- 20-
ITEM II-H.4 ITEM #17139
Upon motion by Councilman Holland, seconded by Councilman Buchanan,
City Council voted to uphold the recommendation of the City Manager
and DEFER FOR TWO WEEKS (September 28, 1981), the Ordinance to amend
Section 35-114 and 35-115 of the City Code pertaining to tax on
purchasers of utility service. (This was previously deferred
August 24, 1981).
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, J., D.D.S., Meyera E. Oberndorf, and Patrick
L. Standing
Council Members Voting Nay:
None
Council Members Absent:
None
- 21-
ITEM II-H.5 ITEM #17140
Upon motion by Councilman Holland, seconded by Councilman Buchanan,
City Council voted to uphold the recommendation of the City Manager
and DEFER FOR TWO WEEKS (September 28, 1981), the Ordinance to amend
and reordain the Comprehensive Plan regarding rezoning applications.
(This was previously deferred on August 24, 1981)
Votiug: 11-0
Council Members Voting Aye:
John A. Ba@ E. T. Buchanan, F. Reid Ervin, Vice Mayor
Harold Heischober, Barbara M. Henley, Clarence A. Holland,
M.D., W. H. Kitchin, III, Reba S. McClanar4 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-H.7 ITEM #17141
Upon motion by Councilman Holland, seconded by Councilman Buchanan,
City Council voted to uphold the recommendation of the City Manager
and APPROVE the following Raffle Permits:
Raffle Backbay Wildfowl Guild, Inc.
Raffle Princess Anne Plaza Garden
Club
Voting: 11-0
Council Members Voting Aye:
John A. Bauu6 E. T. Buchanan, F. Reid Ervin, Vice Mayor
Harold Heischober, BarbaraM. Henley, ClarenceA. Holland,
M.D., W. H. Kitchin, III, Reba S. McClanan, Mayor J,
Henry McCoy, Jr., D.D.S., Meyera E. Oberndorf, and Patrick
L. Standing
Council Members Voting Nay:
None
Council Members Absent:
None
2 3-
ITEM II-H.8 ITEM #17142
Upon motion by Councilman Holland, seconded by Councilman Buchanan,
City Council voted to uphold the recommendation of the City Manager
and APPROVE the license refunds in the amount of $1,451.57.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, E. T. Buchanan, F. Reid Ervir4 Vice Mayor
Harold Heischober, Barbara M. Henley, Clarence A. Holland,
M.D., W. H. Kitch@ III, Reba S. McClanar4 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 4
AN ORDINANCE AUTHORIZING LICENSE REFUNDS
UPON APPLICATION OF CERTAIN PEASONS AND
UPON CERT-@FICATION OF THE COMMIISSIONER
OF THE REVENUE
BE-IT ORDAINED BY TIIE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for license refunds, upon certification
of the Commissioner of the Revenue are hereby approved:
DATE
NAT,IE YEAR PAID BASE PENALTY INT. TOTAL
Har-Tan Inc.
P. 0. Box 12778 1981 6/15/81 85.25
Norfolk, Va. 23502
Centers Craftstove Inc.
228 oakengate Turnpike 125.82
Va. Beach, Va. 23462 1980
Seaboard Paint-Supply Co. Inc.
2624 Barrett St. 471.91
Va. Beach, Va. 23452
Ce@tified as to Payment:
Approved as to form:
Dale Bimeon'
City Attorney
The above abatement(s) totaling $ 682.98 - were approved by the
council of the City of Virginia Beach on the 14 day of 'September
19 81
mlllzn moages S,@-lh
City Clerk
2 5
AN ORDINANCE AUTHORIZING LICENSE REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COM-MISSIONER
OF THE REVENUE
BE -IT 6RDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the f ol.lowing applications f or license ref unds, upon certif ication
of the Commissioner of the Revenue are hereby approved:
DATE
NAME ... .... YEAR PAID BASE PENALTY INT. TOTAL
Steves Auto Sales Inc. 1980 7/2/80 106.25
3469 N. Military Hwy.
Norfolk, va. 23518
Sidney B-. Kronick 1980 2/2/80
P. 0. Box 3161 43.36
Va. Beach, Va. 23453
Electrocon Inc. 1980 3/10/-'SO 91.86
P. 0. Box 158
Kinston, N. C. 28501
Cer@ified as to Payment:
Apprpved as to form:
nev
The above abatement(s) totaling 241.47'- .-ere approved by the
council of the CitY of Virginia Beach on the 14 day of Septe-mber
.19 1
Ri@ Hlod -s Sn'.It
g"
ty C erk
6
AN ORDINANCE AUTHORIZING LICENSE REFUNDS
UPON APPLIP-ATION or CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF THE REVENUE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for license refunds, upon certification
of the Commissioner of the Revenue are hereby approved:
LIk-r,1,4 Zb L)ATE
N@NIE YEAR PAID BASE PENALTY INT. TOTAL
ertz, James 0. AUDIT 14.83
1829 Cooper Rd.
a. Beach, Va. 23454
rove-East Inc.
11400 Rockville Pike,Suite 305 AUDIT 91.86
ockville, Md. 20852
I
idewater Supersign Adv. Inc.
970 Cleveland St. PER LETTER ATTACHED 25.00
a. Beach, Va. 23462
eabreeze Contructor Inc.
65 W. Queens Drive 395.43
illiamsburg, Va. 23285 1980 1980 AUDIT
to Payment:
Commission(
Approved as to form:
/iri
son
ey
The above abatemen-,(s) totaling $ 527.12 -were approved by the
council of the City of Virginia Beach on the 14 day of September
19 81
Rut. Hdges S. t,,
City cleti.,
2 7-
ITEM II-H. 9 ITEM #17143
Upon motion by Councilman Holland, seconded by Councilman Buchanan,
City Council voted to uphold the recommendation of the City Manager
and ADOPT ON SECOND READING the Ordinance authorizing the issuance
of Public Improvement Bonds of the City of Virginia Beach, Virginia,
in the maximum amount of $1,300,000.
Voting: 11-0
Council Members Voting Aye:
John A. Bauu6 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
*It was noted by Councilwoman McClanan that her vote of August 24,
1981, in the matter of the Bonds was a "nay" vote.
- 2 8-
AN ORDINANCE AUTHORIZING THE ISSUANCE
OF PUBLIC IMPROVEMENT BONDS OF THE
CITY OF VIRGINIA BEACH, VIRGINIA, IN THE
MAXIMUM AMOUNT OF $1,300,000
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
1. It is hereby determined to be necessary and expedient
for the City of Virginia Beach to develop a disposal site for sand
and other materials derived from the City's dredging operations
which will promote the development and public welfare of the City,
and to borrow money for such purpose and issue the City's
General Obligation Bonds therefor.
2. Pursuant to the authority of the Charter of the City
of Virginia Beach (Ch. 147, Acts of Assembly of 1962, as amended),
and the Public Finance Act, as amended, there are hereby autborized
to be issued Public Improvement Bonds of the City of Virginia Beach
in the maximum amount of One Million Three Hundred Thousand Dollars
($1,300,000), to provide funds, together with other funds that may be
available, for the acquisition of land and easements and other
property rights with respect thereto for use as a disposal and
storage site for sand and other materials derived from the City's
dredging operations. Any amounts not needed for such purpose may
be used for any of the purposes authorized by the Ordinance adopted
by the Council on April 6, 1981, authorizing the issuance of
$17,000,000 Public Improvement Bonds.
3. Tbe Bonds shall bear such date or dates, mature at
such time or times not exceeding forty years from their dates, bear
interest at such rate or rates not exceeding the maximum rate
permitted by law at the time the Bonds are sold, be in such
denominations and form, be executed in such manner and be sold at
such time or times and in such manner, including the sale of the
same as a separate issue or in combination with the sale of General
Obligation Bonds he@retofore or hereafter authorized for similar or
otber purposes, as the Council shall hereafter provide by appropriate
Resolution or Resolutions.
2 9-
4. The Bonds shall be General Obligation of the City
of Virginia Beach for the payment of principal of and interest
on which its full faith and credit shall be irrevocably pledged.
5. This Ordinance shall take effect immediately.
Approved this 14th day of September, 1981
Mayor
FIRST READING: August 24, 1981
SECOND READING: September 14, 1981
NOTE: Two thirds vote of
Council is required.
- 30-
ITEM II-H.10 ITEM #17144
Upon motion by Councilman Holland, seconded by Councilman Buchanan,
City Council voted to uphold the recommendation of the City Manager
and ADOPT ON SECOND READING the Ordinance to appropriate $2,958,685
for City of Virginia Beacb School Programs funded by special
categorical grants for School Year 1981-82.
Voting: 11-0
Council Members Voting Aye:
John A. Ba@ E. T. Buchanan, F. Reid Ervin, Vice Mayor
Harold Heischober, Barbara M. Henley, Clarence A. Holland,
M.D., W. H. Kitchin, III, Reba S. McClana@ Mayor J.
Henry McCoy, Jr., D.D.S., Meyera E. Oberndorf, and Patrick
L. Standing
Council Members Voting Nay:
None
Council Members Absent:
None