HomeMy WebLinkAboutAUGUST 3, 1981 MINUTES
Cit @f
"WORLO'S LARGEST RESORT CITY"
CITY COUNCIL
MAYOR 1. HENRY McCOY JR., D.D.S., K..p..iii, B.@.lb
VICE-MAYOR HAROLD HEISCHOBER. A, L.,g,
JOHN A. SAUM. BI-A.." B...Rb
E. T. BUCHANAA, Ly..b.-. B .... gh
F. REID ERVIN, A, L.,g-
BARBARA M. HENLEY, P-g- 8---8b
CLARENCE A. HOLLAND, M.D., By.id, B.--gb
w. H. xiTCHIN, iti, Visi.i. B..ch So@.gb
REBA S. M,CLANAN, Pi.c.@, A-. B.I..gb
MEYERA E. OBERNDORF, A, L.,g, 212 CtrY HAL.L BUILDING
PATRICK L. STANDING, Al L.,g, MUNICIPAL CENTER
VIRGINIA BBACH, Vl)tGINIA 23436
RUTH HODGES SMITH, Cily Cl-lk (804) 4Z7-4303
CITY COUNCIL AGENDA
August 3, 1981
ITEM I INFORMAL SESSION: 12:30 p.m.
A. CALL TO ORDER - MAYOR J. HENRY MCCOY, JR.
B. ROLL CALL OF COUNCIL
C. MOTION TO RECESS INTO INFOMFALIEXE=VE SESSION
D. PRESENTATIONIDISCUSSION OF PERTINENT MATTERS
1. Matters for discussion by Mayor.
2. Matters for discussion by Councit.
3. Positions Authorized in Budget but needing Councit
OV- -
4. Fee Waiver for Tidewater Buitders' Association
SchoZarship House: Discussion.
5. Pmeentation of New Potice Chief
6. Vir 'n *
r guL @ Beach BouLevard Contputerized SignaZ Project:
l'sc 38,on.
7. Cotumbus Street Loop: Discussion.
8. Mandatory Water Conservation: Discussion.
iTaf il FORAFAL SESSION: 2:00 p.m.
A. IJVVOCATION: Reverend Robert D. Friend
Eastern Shore ChapeZ
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 acceptlapprove the Minutes of July 13, 1981.
E. PUBLIC HEARING
1. Proposed adoption of an Ordinance retated to Southeastern
Pubtic Service Authority of Virginia to add the County of
Sussex.
F. CONSEP7T ACENDA
AZZ matters Listed under the Consent Agenda are considered to be
routine by the City CounciZ and wit4 be enacted by one motion in
the form Zisted. There wilz be no separate discuesion of these
items. If discussion is desired, that iteyn wizl be removed from
the Consent Agenda and considered separatety.
1. Ordinance to amend and reordain Section 21-37@ of the Code of
the City of Virginia Beach pertaining to abandoned vehiczes.
2. Water suppty and sewerslsewer systems:
a. ordinance to amend and reordain Sections 37-8, 37-9 and
37-10 of the Code of the City of Virginia Beach per-
taining to water suppty; and,
b. An Ordinance to mnend and reordain Sections 28-2, 28-3,
28-4, 28-5 and 28-6 of the Code of the City of Virginia
Beach pertaining to sewers and sewer systems.
3. Ordinance retating to Southeastern PubZic Service Authority
of Virginia providing for the joinder of Sussex County as a
r,ie,,nber.
4. RaffZe Permits:
Kempevitte High Schoot Band parents Association RAFFLE
Carper Commnity Civic Association ,?APFLE
Church of the HoZy FamiZy R4PFLE
Ladies Auxiliary to the Davis Corner VoZunteer
Fire Department and Rescue Squad
RAFFLE
Women's American Organization for RehabiZitation
through.Training RAFFLE
Sand:PoZZar CircLe of King's Daughters RAFFLE
ITEM ii H. ORDINANCES (continued)
2. BIDS (continued)
b. Low bid of UtiZity Builders, Inc., in the amount of
$685,397.20, for the Cape Story by the Sea Sewerage
Facitities, 7ontract 1, Gravity Sewers Project; and,
authorize the City Manager to enter into the necessary
agreements to imptement this project. FUNDS ARE AVARLABLE.
c. Lcw bid of Future Image Corporation, in the amount of
$29,100, for the Fire Station #13 Addition - Btackwater
Project; and, authorize the City Manager to enter into
the necessary agreements to imptement this project.
FUNDS ARE AVAILABLE.
r. UNFINISHED BUS.TNESS
a. middte Ptantation - Phase Five
b. Master Street & Highway Ptan ordinance request for
additional week deferraz (to August 17, 1981).
J. NEW BUSINESS
K. ADJOURNMENT
1. Motion to adjourn.
ITEM ii P. CONSENT AGENDA (continued)
5. Request of the conmissioner of the Revenue for Zicense
refunds in the amount of $100.
6. Request of the City Treasurer for tax refunds in the
Lvnount of $3,662.67.
7. Ordinance, on SECOND READING, to accept a grant totazing
$125,000 from the Com?nonweaZth of Virginia for the Musewn
of Marine Sciences and to appropriate these funds.
G. PLANNING ITEMS
2. ApDZication of Wh ociates for a change of
zoning from A-5 R identiaz
@trict on a 49.707-acre parce
Bri ge Road, northwest of the intersection of London Bridge
Road and Oceana BouZevard (Princess Anne Borough). This
nutter was deferred on guzy 13, 1981, due to a tie vote.
a. Letter from the City Manager transmits the recom?Wnda-
tion of the PZanning Commission for ovat.
H. ORDINANCES
1. FIRST READRNGS
a. Ordinance,-on FIRST READING, authorizing the issuance
of PubZic Improvement Bonds of the City of Virginia
Beaoh, Virginia, in the maximum amount of $1,300,000
b. Ordinance, on FIRST READING, to appropriate $26,372 for
"The BattZe Off The Virginia Capes" cezebration.
c. Ordinance, on FIRST READING, to accept a grant of
$3,429.00 from the Department of Energy and to approp-
riate $6,858.00 to fund technicaz assietance for
energy conservation.
d. Ordinance, on FIRST READING, to accept a grant from the
Depart?nent of Corrections totating $125,948 and to
appropriate these funds and to estabzieh a Community
Corrections Reeource Board.
2. BIDS
a. Low bid of Cr@er Contracting Company, Inc., in the
arriotmt of $127,300, for the Cape Story by the Sea
Sewerage Facilities, Contract II, Sewage Pumping
Station Project; and, authorize the City Manager to
enter into the necessary agreements to impzement
this project. FTJNDS ARE AVAILABLE.
M I N U T E S
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
August 3, 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, August 3, 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. and Meyera E. Oberndorf
,Council Members Absent:
Patrick L. Standing*
ITEM #16961
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. Discussion or consideration of employment, assignment, appointment,
promotion, demotion, salaries, discipline or resignation of public
officers, appointees or employees of any public body. (Personnel
Matters).
2. Discussion or consideration of the condition, acquisition or use
of real property for public purpose, or other disposition of
publicly held property. (Acquisition, use or disposition of
publicly held property.)
3. Consultation with legal Counsel and briefing by staff members,
consultants, or attorneys pertaining to actual or potential
litigatio@ or other legal matters within the jurisdiction of
the public body. (Legal Matters).
8/ 3/ 81
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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: 10-0
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, Ill. Reba S.
McClanan, Mayor J. Henry McCoy, Jr., D.D.S. and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Patrick L. Standing*
*COUNCILMAN STANDING ENTERED MEETING AT 12:32 p.m.
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M A T T E R S B Y T H E M A Y 0 R
RECONSIDERATrON ITEM #16962
Mayor McCoy advised Council that Paula Collins has requested reconsideration
of her application for a zoning change, which had been denied by Council on
July 13, 1981.
Councilwoman Oberndorf advised Council she will be making a motion to
reconsider the application during the FORMAL SESSION under UNFINISHED
BUSINESS.
ADVISORY REFERENDUM ITEM #16963
Mayor McCoy made reference to the Advisory Referendum for the Schools and
the request from the Virginia Beach Education Association (VBEA) for
Council's assistance in the wording of the Referendum.
HOMELESS ANIMALS ITEM #16964
Mayor McCoy advised Council of a letter received from the Veterinarian
Association concerning the SPCA's attempts to medically treat homeless
animals.
M A T T E R S B Y C 0 U N C I L M E M B E R S
FALSE CAPE STATE PARK ITEM #16965
Councilwoman Henley advised Council of the press conference held on Saturday,
August 1, 1981, with Governor Dalton and Secretary Watt concerning False
Cape State Park.
Councilwoman Henley requested a letter be addressed to the Governor advising
him of Council's desire to participate in the review process of the plans
for the Park.
It was requested that the Department of Planning study the proposals for
the Park and provide Council with a report on the matter.
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I N P 0 R M A L S E S S I 0 N
POLICE CHIEF ITEM #16966
The City Manager introduced Charles Wall, and his wife Marian. Mr. Wall
will assume the duties of Police Chief in October of this year.
SIGNALIZATION/BOULEVARD ITEM #16967
The City Manager advised Council that the State has approved the "long-
awaited" signalization of Virginia Beach Boulevard. The Project has been
awarded to Posco Fabricators, in the amount of approximately $1-Million,
and work should be completed within eigbteen (18) months).
TOWNSEND ESTATE/HOME FOR ELDERLY ITEM #16968
The City Manager advised Council that approval of the Townsend Estate
application for a zoning change to construct a home for the elderly
was contingent upon the applicants acquiring easements from the Norfolk
and Western Railway.
The Norfolk and Western Railway did grant the applicant one (1) access point
on Columbus Street, and the City Manager advised he reviewed the plans and
will agree, if Council concurs, to the one access point if the applicant
improves Columbus Street to a four-lane divided highway.
This matter will be brought back to Council at a later date for futher
discussion.
FEE WAIVER/SCHOLARSHIP HOUSE ITEM #16969
The City Manager advised Council of the request from the Tidewater Builders'
Association to waive fees for construction of the Association's Scholarship
House. The Building and Electrical fees amount to approximately $200.
With Council's concurrence, this matter will be handled administratively.
MANDATORY WATER CONSERVATION,, ITEM #16970
The City Manager advised Council that all penalties have been removed as
of July 31, 1981 on water usage. However, the City will remain under
mandatory water conservation efforts.
The City Manager further advised he will be bringing his report to Council
for their perusal.
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COLUMBUS STREET LOOP ITEM #16971
The City Manager briefly discussed the Columbus Street Loop.
POSITIONS AUTHORIZED IN BUDGET ITEM #16972
BUT NEEDING COUNCIL APPROVAL
The City Manager advised that several departments have requested additional
employees.
The City Council requested the City Manager to prepare a listing of the
departments and the number of positions requested.
This matter will be placed on the Informal Agenda of August 10, 1981.
City Council recessed into EXECUTIVE SESSION, (1:00 p.m.)
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F 0 R M A L S E S S I 0 N
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
August 3, 1981
2:10 p.m.
Council Members Present:
Jobn 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, Patrick L.
Standing
Council Members Absent:
F. Reid Ervin*
INVOCATION: Reverend Robert D. Friend
Eastern Shore Chapel
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
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M I N U T E S
ITEM II-D.1 ITEM #16973
Upon motion by Councilwoman Oberndorf, seconded by Councilman Standing, City
Council voted to DEFER FOR ONE WEEK (August 10, 1981), the Minutes of the
Regular Meeting of July 13, 1981.
Voting: 10-0
Council Members Voting Aye: (for deferral)
John A. Baum, E. T. Buchanan, 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:
F. Reid Ervin*
P U B L I C H E A R I N G
ITEM II-E.1 ITEM #16974
The Mayor opened the public hearing on the proposed adoption of an Ordinance
related to Southeastern Public Service Authority of Virginia to add the County
of Sussex to its membership.
There being no speakers, the Mayor declared the Public Hearing closed.
ITEM II-F.3 ITEM #16975
THIS MATTER WAS BROUGHT FORWARD FROM THE CONSENT AGENDA
Upon motion by Councilman Standing, seconded by Councilwoman Oberndorf, City
Council voted to uphold the recommendation of the City Manager and ADOPT the
Ordinance relating to Southeastern Public Service Authority of Virginia pro-
viding for the joinder of Sussex County as a member.
Voting: 11-0
Council Members Voting Aye:
John A. Ba@ E. T. Buchanan, F. Reid Ervine Vice Mayor Harold Ileischober,
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 ERVIN ENTERED MEETING AT 2:18 p.m.
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AN ORDINANCE RELATING TO SOUTHEASTERN
PUBLIC SERVICE AUTHORITY OF VIRGINIA
PROVIDING FOR THE JOINDER OF SUSSEX
COUNTY AS A MERBER
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA:
1. That the City of Virginia Beach (the "City") has found and
determined and does hereby declare that:
(a) The cities of Chesapeake, Franklin, Norfolk, Portsmouth, Suffolk
and Virginia Beach and the counties of Isle of Wight and Southampton have here-
tofore created the Southeastern Public Service Authority of Virginia (the
"Authority") pursuant to the provisions of the Virginia Water and Sewer Authorities
Act, being Chapter 28, Title 15.1, Code of Virginia, 1950, as amended, in the
manner and for the purposeg set forth therein.
(b) The county of Sussex has expressed its desire and does by
concurrent resolution determine to become a full and participating member of
the Authority.
(c) The Authority has heretofore expressed its consent to such joinder
by resolution duly adopted on the 24th day of June, 1981.
(d) The City has determined to provide for the joinder of Sussex
County as a full and participating member of the Authority in accordance with
the provisions of Section 15.1-1248 of the Code of Virginia, 1950, as amended.
(e) The City has complied with the requirements of Section 15.1-1243
of the Code of Virginia, 1950, as amended, by causing this ordinance to be
published in a newspaper of general circulation in the City and by holding a
duly constituted public hearing on the proposed ordinance.
2. That, upon the joinder of Sussex County, the Authority shall be
governed by a Board consisting of one member residing in and appointed by the
governing body of each of the member political subdivisions and the total number
of such members of the expanded Authority shall be nine. The names of the City's
initial appointment to membership and the alternate thereto, to become effective
upon approval by the State Corporation Commission of Virginia of the joinder of
Sussex County, and the date of expiration of the term of office of the initial
appointment to membership are as follows:
Name of Member Expiration of Term Alternate
Patrick L. Standing December 31, 1984 George L. Hanbury
3. That this ordinance shall become effective when the cities of
Chesapeake, Franklin, Norfolk, Portsmouth, Suffolk and Virginia Beach and the
counties of Isle of Wight, Southampton and Sussex have consented to the joinder
of Sussex County and set forth the information herein contained by duly adopted
concurrent ordinance or resolution.
4. This ordinance shall be effective from date of adoption.
JDB:er ADOPTED: August 3, 1981
7-29-81
APPROVED AS TO CON-- @-NT
SIGNATUiLt
C,@DAP,Tt,@--NT
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C 0 N S E N T A d E N D A
ITEM II-F ITEM #16976
TJpon motion by Vice Mayor Heischober, seconded by Councilman Kitchin, City
Council voted to ADOPT the CONSENT AGENDA in the form listed, with the
exception of Item II-F.3 which had previously been acted upon.
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, M-Yor 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.1 ITEM #16977
Upon motion by Vice Mayor Heischober, seconded by Councilman Kitchin, City
Council voted to uphold the recommendation of the City Manager and ADOPT
the Ordinance to amend and reordain Section 21-376 of the Code of the City
of Virginia Beach pertaining to abandoned vehicles.
Voting: 11-0
Council Members Voting Aye:
John A. Ba@ E. T. Buchana-a, 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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REQUESTED BY: CITY MANGER/CHIEF OF POLICE
AN ORDINANCE TO AMEND AND REORDAIN
SECTION 21-376 OF THE CODE OF THE
CITY OF VIRGINIA BEACH PERTAINING
TO ABANDONED VEHICLES.
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That Section 21-376 of the Code of the City of Virginia
Beach is hereby amended and reordained as follows:
Section 21-376. Abandoned, wrecked, junked, etc., vehicles
generally.
(a) Pursuant to authority contained in sections 46.1-188 and
46.1-555.2 of the Code of virginia, chapter 10 (Section
46.1-555.1 et seq.), Abandoned Motor Vehicles, Of title 46.1 of
the Code of Virginia is hereby adopted and ordained as an
ordinance of the city to the same extent as if set Out at length
herein. Wherever the term "POlitical subdivision' appears in the
state law hereby adopted, it shall be construed to mean the City
of Virginia Beach, acting through its employees or independent
Contractors.
(b) 140 person shall leave any partially dismantled,
nonoperating, wrecked or junked vehicle on any street or highway
within,the city.
(C) No person in charge or control of any property withih
the city, whether as owner, tenant, occupant, lessee or
otherwise, shall allow any partially dismantled, nonoperating,
wrecked, junked or discarded vehicle to remain on such property
longer than seventy-twe-f@2+ forty-eight (48) hours, and no
Person shall leave any such vehicle on any property within the
the city for a longer time than seventy-twe-+42* forty-eight (48)
hours. This subsection shall not apply to a vehicle in an
enclosed building, a vehicle on the premises of a business
enterprise operated in a lawful place and manner, when necessary
to the operation of such business enterprise, or a vehicle in an
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appropriate storage place or depository maintained in a lawful
place and manner by the city.
(d) The chief of police and the director of public works, or
any member of their departments designated by them, are hereby
authorized to remove or have removed any vehicle left at any
place within the city which reasonably appears to be in violation
of subsection (b) or (c) of this section or of section 21-377 or
which is lost, stolen or unclaimed. Such vehicle shall be
impounded until lawfully claimed or disposed of at the owner's
expense.
(e) A violation of any provision of this section shall
constitute a Class 1 misdemeanor.
This Ordinance shall be effective on date of its
adoption.
Adopted by the Council of the City of virginia Beach,
Virginia, on August 3, 1981
NOTE: SEE SECTION 46.1-555.1 (2)-(a) and (b)
VIRGINIA STATE CODE
MES:re
7/8/81
(N-1)
A', To
DEPAII@N@E,NT
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CITY ATTORNEY
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ITEM II-F.2.a ITEM #16978
Upon motion by Vice Mayor Heischober, seconded by Councilman Kitchin, City
Council voted to uphold the recommendation of the City Manager and ADOPT
the Ordinance to amend and reordain Sections 37-8, 37-9, and 37-10 of the
Code of the City of Virginia Beach pertaining to water supply.
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. Kitchir4 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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AN ORDINANCE TO AMEND AND REORDAIN
SECTIONS 37-8, 37-9, and 37-10 OF
THE CODE OF THE CITY OF VIRGINIA BEACH
PERTAINING TO WATER SUPPLY
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That Sections 37-8, 37-9, and 37-10 Code of the City of
Virginia Beach, Virginia, is hereby amended and reordained as
follows:
Section 37-8. Water system impact fees (line fees) - generally.
(a) The fees prescribed by the following subsections of
this section shall be paid as the property owner's share of the
cost of water system installation, such fees to be known as "line
fees". Such fees shall also be applicable to a use or structure
previously connected to the water system whenever such use or
structure is expanded, changed or modified. In such cases, the
fees shall be determined on the basis of the total proposed new
use or structure, less a credit, at current rates, for the
existing use or structure or the last structure, if previously
demolished; provided, the property has not been vacant for more
than five (5) years. No credit shall be allowed after five (5)
years.
(b) The property owner's share of system installation,
where connection is made to a line or pumping station being a
part of the system within the city installed or purchased by the
city, shall be as follows:
(1) Single-family residences:
a. For the first 100 feet, or portion thereof, of
frontage: $500.00.
b. For each foot of frontage in excess of 100
feet: $5.00.
In cases where the front footage is 1.5 or more
times greater than the rear yard footage, the
front footage, for the purposes of this
subsection, shall be determined by adding the
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front and rear yard lengths and dividing that sum
by two (2). Whenever a water line is located on
two (2) sides of a parcel, the shorter side shaii
be the one upon which the determination of front
footage shall be calculated. Whenever a water
line is located on only one side of a parcel, that
side shall be used for the purpose of front
footage.
In cases where there are frontages on residences
zoned for agricultural use which are larger than
the minimum frontage requirements for residential
property, the director of the department of public
utilities may authorize line fees to be computed
based on the minimum front footage for residential
property for each dwelling unit on the property.
In cases where there are frontages on residences
zoned for residential use, but actually used for
agricultural, horticultural, forest or open space
and currently classified and taxed for such use by
the real estate assessor, the director of public
utilities may authorize line fees to be computed
based on the minimum front footage for residential
property for each dwelling unit on the property;
provided that, in either of the aforementioned
cases, the owners of such property shall sign an
agreement, to be recorded against the property,
that at the time the property is further developed
or subdivided or changes title or experiences a
change in tax classification, full fees will
become due and payable. The rate applicable will
be those prevailing at the time the change to the
property takes place and will be based on the land
use type which will be in effect after the
change.
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For the purposes of line fees only, single-family
residences with detached-apartment units shall be
charged in accordance with the fees set forth in
subsection (3) below.
(2) Motels and hotels, per unit: $310.00.
(3) Structures with two (2) or more family residential
units, per unit: $360.00.
(4) Nursing and convalescent homes, per room
[calculated at two (2) beds = one (1) room]:
$125.00.
(5) Trailers, per space: $160.00.
(6) Professional and office buildings, per 600 square
feet of building area: $125.00.
(7) Retail stores, restaurants and shopping centers,
per square foot of floor space: $0.09.
(8) Industrial, manufacturing, wholesale, assembly,
processing and distribution facilities, domestic
use, per square foot of floor space: $0.09.
(9) Separate warehouse facilities used for storage
only, where no industrial activity, manufacturing
or processing takes place, per square foot of
floor space: $0.02.
and-driale-
$iS,Oer
(10).fi4+ In all cases where the use or structure is not
described hereinabove, line fees for the building,
structure, addition, modification or expansion
thereto shall be computed as follows:
a. The estimated daily flow of the proposed use
shall first be determined by the department
of public utilities, based on similar actual
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flows of comparable uses, taking into account
the hours of operation, type of use, location
and other criteria determinative of estimated
flows; then
b. This estimated daily flow will be divided by
400, yielding a demand units figure; then
C. This demand units figure will be multiplied by
the minimum fee applicable to a single-family
residence.
If an estimated flow cannot be accurately
determined, the director of public utilities is
authorized to accept a deposit, in advance of
actual flows, with the fee to be determined after
one year of actual consumption, as per a. through
C. above.
(c) The property owner's share of system installation
costs, where connection is made to a line or pump station being a
part of a system within the city installed or purchased overall
or in part by the city and in part by another party or parties
shall be as set forth in this subsection. These fees shall only
apply when the property to be served is a portion of the original
property for which the water lines were installed by the private
party and, provided further, these fees shall not apply where
connection is made to lines purchased by the city. The fees are
as follows:
(1) Single-family residences, each: $190.00.
(2) Motels and hotels, per unit: $120.00.
(3) Structures with two (2) or more family units, per
unit: $135.00.
(4) Nursing and convalescent homes, per room
(calculated at two (2) beds = one (1) room]:
$95.00.
(5) Trailers, per space: $95.00.
(6) Professional and office buildings, per 600 square
feet of building area: $95.00.
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-1 9-
(7) Retail stores, restaurants and shopping centers, per
square foot of floor space: $0.03.
(8) Industrial, manufacturing, wholesale, assembly,
processing and distr.ibution facilities, domestic
use, per square foot of floor space: $0.03.
(9) Separate warehouse facilities used for storage
only7 where no industrial activity, manufacturing or
processing takes place, per square foot of floor
space: $0.01.
enel-elrinjti
(10)+.ii+ In all cases where the use or structure is not
described hereinabove, line fees for the building,
structure, addition, modification or expansion thereto shall
be computed as follows:
a. The estimated daily flow of the proposed use
or structure shall be first determined by the
department of public utilities, based on similar actual
flows for comparable uses or structures, taking into
account the hours of operation, type of use, location
and other criteria determinative of estimated flow;
then
b. This estimated daily flow will be divided by
400, yielding a demand units figure; then
C. This demand units figure will be multiplied by
the minimum fee applicable to a single-family residence.
If an estimated flow cannot be accurately determined, the
director of public utilities is authorized to accept a deposit in
advance of actual flows, with the fee to be determined after one
year of actual consumption, as per a. through c. above.
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(d) A special water line fee for seasonally operated
campsite parks connected to any-city water main.,or interceptor is
hereby established. Such fee shall be seventy dollars ($70.00)
per camp space. For this fee to be applicable, the owner must
enter into a contract with the city providing that, at such
future time as the camp park is converted to year-round use, the
fees specified in subsections (b)(5) and (c)(5) of this section
shall be applicable and that the owner shall pay the difference
in such fees at time of conversion to year-round use.
(e) In no event shall any line fee for any purpose
enumerated in this section be less than the amount calculable if
the fee use in question were to-be-determ4ned-fer a single-family
residence. Where more than one use or more than one structure is
to occur on a single parcel of land, the minimum amount shall
apply separately to each individual use or structure.
(f) No building permit shall be valid and no water or sewer
tap shall be installed for any property until the fees provided
for in this section have been paid, except as otherwise provided
in this article.
(g) In the case of existing contract agreements between
owners and the city regarding fees and waiver of fees, such
agreements shall remain in effect.
Section 37-9. Installment, etc., payment of line fees.
(a) The director of public utilities is hereby authorized
to accept, on behalf of the city, notes for the payment of the line
fees due under subsection (b)(1) of section 37-8. The terms of each
such note shall be: all tap and cleanout fees, given as a down
payment, with the full line fee payable in four (4) equal, annual
installments at a rate of interest of eiqht (8)
percent per annum.
-6-
21-
(b) When a hardship exists, the director of public
utilities may allow the down payment line fees prescribed in
paragraph (a) above,
to be paid by installments
over a one-year period; or, if the property is being offered for
sale, the director of public utilities may enter into an
agreement whereby all fees shall be paid from the proceeds of the
sale or within ninety (90) days of the date of the agreement,
whichever shall be the sooner.
Section 37-10. Water line fee exemptions - For certain elderly
nd handicapped persons.
(a) Exemption or partial exemption from payment of the line
fees prescribed by section 37-8 is provided for certain property
owners who qualify under this section. The exemption is to be
administered by the city manager or his authorized designee,
herein referred to as the administrator. The administrator is
hereby authorized and empowered to prescribe, adopt and enforce
such rules and regulations, including the requirement of answers
under oath, as may be reasonably necessary to determine
qualifications for exemption. The administrator may require the
production of certified tax returns and appraisal reports to
establish income and financial worth.
(b) Exemptions shall be granted under this section subject
to the following provisions:
(1) Title to the property for which the line fee
exemption is sought must be held or partially held by the
applicant at least one hundred and twenty (120) days prior
to the installationt or scheduled date of install'ation,
whichever comes first, of the water line.
(2) The owner of the title or partial title must be
sixty-five (65) years of age or older at least one hundred
and twenty (120) days prior to the installationt or
scheduled installation date, whichever comes first, of the
water line. If such person is under sixty-five (65) years
of age, he or she shall possess a certification by the
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social,security administration, the veteran's
administration, or the railroad retirement board, or if such
person is not eligible for certification by any of these
agencies, a sworn affidavit by two (2) medical doctors
licensed to practice medicine in the commonwealth, to the
effect that such person is permanently and totally disabled,
as defined in subsection (f) of this section. The affidavit
of at least one of such doctors shall be based upon a
phy8ical examination of such person by such doctor. The
affidavit of one of such doctors may be based upon medical
information contained in the records of the civil service
commission which is relevant to the standards for
determining permanent and total disability as defined in
subsection (f) of this section. Such medical affidavits
shall be filed with the administrator at such time as the
applicant files a water line fee exemption affidavit.
(3) The dwelling to be connected to the water line
must be the sole dwelling of the applicant claiming
exemption.
(4) The total combined income during the immediately
preceding calendar year from all sources of the owners of
the dwelling livinq therein and of the ownerts relatives
living in the dwelling does not exceed eight thousand five
hundred dollars ($8,500.00); provided that the first iwo
thousand dollars ($2,000-00) of income of each relative,
other than spouse or spouses of the owner or owners living
in the dwelling shall not be included in such total. . ,
(5) The net combined financial worth of the owner
shall not exceed twenty thirty-five thousand dollars
+02QTGG@00+ ($35,000.00), excluding the fair market value of the
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- 2 3-
house to be connected to the water line. Net combined
financial worth shall include the value of all assets,
including equitable interests, of the owner and of the
spouse of the owner.
(c) Persons applying for line fee exemption under this
section must file with the administrator a line fee exemption
affidavit7 setting forth, in a manner prescribed by the
administrator, the location and value of the property to be
connected to the water line, the names of the persons related to
the owner and occupying the dwellingl, and their gross combined
income and their net combined financial worth. If such applicant
is under sixty-five (65) years of age, medical certification or
affidavits, as set forth in subsection (b)(2) of this section
shall also be filed with the administrator.
(d) Where the person claiming exemption conforms to the
standards and does not exceed the limitations contained in this
section, the line fee exemption shall be as shown in the
following schedule:
Total income, all sources Exemption
$ 00.00 - $3,500.00 100%
$3,501.00 - 5,000.00 80%
$5,0 0.00 60%
0 00 no 7, 00 'o T.-"
@, @l T6%-
$7,001.00 0 T07%
---------------------- 109*
---------------------- 80SS
---------------------- 60%
-4709-irgo ---- @799@09 ---------------------- 49*
-57001-r@Q ---- 67900ree ---------------------- 201/2
(e) If, within twelve (12) months after the line fee
exemption is obtained under this section, the applicant's
financial position should change so that its effect would be to
remove the person holding the exemption from within the limits
and standards of this section, then the person holding the
exemption shall refund the amount of the exemption to the city.
(f) For purposes of this section, a person is permanently
and totally disabled if he is so certified as required in
subsection (b)(2) of this section and is found by the
administrator to be unable to engago in any substantial gainful
activity by reason of any medically determinable physical or
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24-
mental @mpairment or deformity which can be expected to result in
death or can be expected to last for the duration of such
person's life.
(_q) Any person falsely claiming an exemption or violating
any provision of this section shall be guilty of a Class I
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 Aug.,ust 3, 1981
CJ/da
7/2/81
7/15/81
(A-1981)
APPROVED AS TO CONTENT
.0
-S To r
D/
CIIY AT@ORNEY
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ITEM II-F.2.b ITEM #16979
Upon motion by Vice Mayor Heischober, seconded by Councilman Kitchin, City
Council voted to uphold the recommendation of the City Manager and ADOPT
the Ordinance to amend and reordain Sections 28-2, 28-3, 28-4, 28-5 and
28-6 of the Code of the City of Virginia Beach pertaining to sewers and
sewer systems.
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 6-
AN ORDINANCE TO AMEND AND REORDAIN
SECTIONS 28-2, 28-3, 28-4, 28-5 and 28-6
OF TEIE CODE OF THE CITY OF :VIRGINIA BEACH
PERTAINING TO SEWERS AND SEWER SYSTEMS
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That Sections 28-2, 28-3, 28-4, 28-5 and 28-6 Code of
the City of Virginia Reach, Virginia, is hereby amended and
reordained as follows:
Section 28-2. Mandatory sewer connections.
(a) The owner of any dwelling or other building in
.which human beings live or congregate shall, when a public sewer
system is made available by the City, connect such dwelling or
building with such public sewer line, within one year after such
line becomes available; provided, however, that the director of
public health may require connection within sixty (60) days if,
in his opinion, a health hazard exists. The date of availability
shall be that on which notice is given by publication or by
mailing or delivering notice to the affected property owner.
(b) It shall be unlawful for any person to empty any
sewage or industrial waste into any well, septic tank, open
stream or waterw6y, upon any other land or water or into any
noncertificated sewer service at any time after connection to the
public sewer system, as required by this section.
(c) It shall be unlawful for any person to occupy,
16ase or rent any premises, unless the same is connected to the
public sewer, if such connection is required by this section.
(d) The fees prescribed bv this article shall be due
from the date the sewer connection is required pursuant to
this section, and no connection shall be made to the public sewer
system until such fees have been paid.
2 7-
Section 28-3. Sewer connection fees (tap fees).
The following fees shall be paid for connections to the
public sewer system (tap fees):
(a) Four (4) inch tap: $110.00.
(b) Six (6) inch tap: $135.00.
(c) Tap in excess of six (6) inches: Cost of labor,
material and equipment, plus twenty-five (25) percent
as an administrative charge.
b+--The-fee -15-reae ribeei-]Dy-th i-5-seet4en-shall-be -due- 4-rom
Section 28-4. Sewer system impact fees (line fees) - generally.
(a) The fees prescribed by the following subsections of
this section shall be paid for the installation of sewers, such
fees to be known as "line fees". Such fees shall also be
applicable to a use or structure previously connected to the
sewer whenever such use or structure is expanded, changed or
modified. In such cases, the fees shall be determined on the
basis of the total proposed new use or structure, less a credit,
at current rates, for the existing use or structure or the last
structure, if previously demolished; provided, the property has
not been vacant for more than five (5) years. No credit shall be
allowed after five (5) years.
(b) The property owner's share of system installation,
where connection is made to the public sewer system shall be as
follows;
(1) Single-family residences:
a. For the first 100 feet, or portion thereof, of
frontage: $780.00.
b. For each foot of frontage in excess of 100
feet: $10.00.
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2 8-
In cases where the front footage is 1.5 or more
times greater than the rear yard footage, the
front fo6tage, for the purposes of this
subsection, shall be determined by adding the
front and rear yard lengths and dividing that sum
by two (2). Whenever a sewer line is located on
two (2) sides of a parcel, the shorter side shall
be the one upon which the determination of front
footage shall be calculated. Whenever a sewer
line is located on only one side of a parcel, that
side shall be used for the purpose of front
footage.
In cases where there are frontages on regidences
zoned for agricultural use which are larger than
the minimum frontage requirements for residential
property, the director of the department of public
utili'ties may authorize line fees to be computed
based on the minimum front footage for residential
property for each dwelling unit on the property.
In cases where there are frontages on residences
zoned for residential use, but actually used for
agricultural, horticultural, forest7 or open space
and currently classified and taxed for such u8e by
the real estate assessor, the director ef-the
elepartmen# of public utilities may authorize line
fees to be computed based on the minimum front
footage for resident.ial property for each dwelling
unit on the property; provided that, in either of
the aforementioned cases, the owners of such
property shall sign an agreement, to be recorded
against the property, tha@ at the time the
property is further developed or subdivided or
changes title or experiences a change in tax
classification, full fees will become dud and
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2 9-
payable. The rates applicable will be those
prevailing at the time the change to the property
takes place and will be based on the land use type
which will be in effect after the change.
For the purposes of line fees only, single-family
residences with detached-apartment units shall be
charged in accordance with the fees set forth in
subsection (3) below.
(2) Motels and hotels, per unit: $485.00.
(3) Structures with two (2) or more family residential
units, per unit: $560.00.
(4) Nursing and convalescent homes, per room
[calculated at two (2) beds = one (1) room]:
$170.00.
(5) Trailers, per space: $240.00.
(6) Professional and office buildings, per 600 square
feet of building area: $170.00.
(7) Retail stores, restaurants and shopping centers,
per square foot of floor space: $0.11.
(8) Industrial, manufacturing, wholesale, assembly,
processing and distribution facilities, domestic
use, per square foot of floor space: $0.11.
(9) Separate warehouse facilities used for storage
only, where no industrial activity, manufacturing
or processing takes place, per square foot of
floor space: $0.02.
(10).fl.l+ In all cases where the use or structure is not
described hereinabove, line fees for the building,
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30-
structure, addition, modification or expansion
thereto shall be computed as follows:
a.. The estimated daily flow of the proposed use
shall first be determined by the department
of public utilities, based on siynilar actual
flows of comparable uses, taking into account
the hours of operation, type of use, location
and other criteria determinative of estitnated
flows; then
b. This estimated daily flow will be divided by
400, yielding a demand units figure; then
c. This demand units figure will be multiplied by
the minimum fee applicable to a single-family
residence.
If an estimated flow cannot be accurately
determined, th6 director of public utilities is
authorized to accept a deposit, in advance of
actual flows, with the fee to be determined after
one year of actual consumption, as per a. +0
through c. above.
Where gravity sewer service is not available to the property
owner, the fees prescribed in this subsection (b) shall be
calculated at one-half (1/2) those enumerated above.
(c) The property owner's share of system installation
costs, where the property owner must construct a sewer or sewers,
which are to become a part of the public sewer system, to provide
service to a specific parcel or parcels, as shall be shown on the
approved construction plans, shall be as follows:
(1) Single-family residences, each: $150.00.
(2) Motels and hotels, per unit: $95.00.
(3) Structures with two (2) or more family units, per
unit: $110.00.
(4) Nursing and convalescent homes, per room
[calculated at two (2) beds = one (1) room]:
$75.00.
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(5) Trailers, per space: $100.00.
(6) Professional and office buildings, per 600 square
feet of building area: $75.00.
(7) Retail stores, restaurants and shopping centers, per
square foot of floor space: $0.03.
(8) Industrial, manufacturing, wholesale, assembly,
processing and distribution facilities, domestic
use, per square foot of floor space: $0.03.
(9) Separate warehouse facilities used for storage
only where no industrial activity, manufacturing
or processing takes place, per square foot of
floor space: $0.01.
and-driptle-
er--For-all-seat5-ever-SO-seatgT-lger-eeat-t
4-7@@
(10)+Ii+ In all cases where the use or structure is not
described hereinabove, line fees for the building,
structure, addition, modification or expansion thereto shall
be computed as follows:
a. The estimated daily flow of the proposed use
or structure shall be first determined by the
department of public utilities, based on similar actual
flows for comparable uses or structures, taking into
account the hours of operation, type of use, location
and other criteria determinative of estimated flow;
then
b. This estimated daily flow will be divided by
400, yielding a demand units figure; then
C. This demand units figure will be multiplied by
the minimum fee applicable to a single-family residence.
-6-
3 2-
If an estimated flow cannot be accurately determined, the
director of public utilities is authorized to accept a deposit in
advance of actual flows, with the fee to be determined after one
year of actual consumption, as per a. te through c. above.
(d) Whenever system installation costs are calculated
pursuant to subsection (c) of this section, and the property to
be served discharges through a pump station owned by the city,
then, in addition to the fees prescribed in subsection (c) above,
there shall also be charged a fee in the sum of one hundred
seventy-five dollars ($175.00) per gallon per minute/peak flow.
"Peak flow" shall be construed to mean the prevailing peak flow
standards set forth by the state health department or the actual
peak flow, whichever,is greater.
(e) A special sewer line fee for geasenab-ly seasonally
operated campsite parks connected to any main or interceptor is
hereby established. Such fee shall be one hundred dollars
($100-00) per camp space. For this fee to be applicable, the
owner must enter into a contract with the city providing that, at
such future time as the camp park is converted to year-round use,
the fees specified in subsections (b)(5) and (c)(4) of this
section shall be applicable and that the owner shall pay the
difference in such fees at time of conversion to year-round use.
(f) In no event shall any line fee for any purpose
enumerated in this section be less than the amount calculable if
the use in question were a single-family residence. Where more
than one use or more than one structure is to occur on a single
parcel of land, the minimum amount shall apply separately to each
individual use or structure.
(g) No building permit shall be valid and no water or sewer
tap shall be installed for any property until the fees provided
for in this section have been paid, except as othe.rwise-provided
in this article.
(h) In the case of existing contract agreements bctween
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- 3 3-
owners and the city regarding fees and waiver of fees, such
agreements shall remain in effect.
Section 28-5. Installment, etc., payrnent of line fees.
(a) The director of public utilities is hereby authorized
to accept, on behalf of the city, notes for the payment of the
line fees due under subsection (b)(1) of section 28-4. The
terms of each such note shall be: all tap and cleanout fees,
given as a down payment, with the full line fee payable in four
(4) equal, annual installments at a rate of interest of eight (8)
percent per annum.
anntilR@
(b) Where When a hardship exists, the director of public
utilities may allow the down payment 14me-fees prescribed in
paragraph (a) above,
4n-s@6seet4en-fb++I+-ef-sueh-seetieyt7 to be paid by installments
over a one-year period; or, if the property is being offered for
sale, the director of public utilities may enter into an
agreement whereby all fees shall be paid from the proceeds of the
sale or within ninety (90) days of the date of the agreement,
whichever shall be the sooner.
Section 28-6. Sewer line fee exemptions - For certain elderly
and handicapped persons.
(a) Exemption or partial exemption from payment of the line
fees prescribed by section 28-4 is provided for certain property
owners who qualify under this section. The exemption is to be
administered by the city manager or his authorized designee,
herein referred to as the administrator. The administrator is
hereby authorized and empowered to prescribe, adopt and enforce
such rules and regulations, including the requirement of answers
under oath, as may be reasonably necessary to determine
qualifications for exemption. The administrator may require the
-8-
- 34-
production of certified tax returns and appraisai reports to
establish income and financial worth.
(b) Exemptions shall be granted under this section subject
to the following provisions:
(1) Title to the property for which the line fee
exemption is sought must be held or partially held by the
applicant at least one hundred and twenty (120) days prior
to the installation or scheduled date of installation,
whichever comes first, of the public sewer system.
(2) The owner of the title or partial title must be
sixty-five (65) years of age or older at least one hundred
and twenty (120) days prior to the installation or scheduled
installation date, whichever comes first, of the public
sewer system. If such person is under sixty-five (65) years
of age, he or she shall possess a certification by the
social security administration, the veteran's
administration, or the railroad retirement board, or if such
person is not eligible for certification by any of these
agencies, a sworn affidavit by two (2) medical doctors
licensed to practice medicine in the commonwealth, to the
effect that such person is permanently and totally disabled,
as defined in subsection (f) of this section. The affidavit
of at least one of such doctors shall be based upon a
physical examination of such person by such doctor. The
affidavit of one of such doctors may be based upon medical
information contained in the records of the civil service
commission which is relevant to the standards for
determining permanent and total disability as defined in
subsection (f) of this section. Such medical affidavits
shall be filed with the administrator at such time as the
applicant.files a sewer line fee exemption affidavit.
3) The dwelling to be connected to the public sewer
system must be,the sole dwelling of the applicant claiming
exemption.
3 5-
(4) 'Ehat The total combined income during the
immediately preceding calendar year from all sources of the
owners of the dwelling living therein and of the owner's
relatives living in the dwelling does not exceed eight
thousand five hundred dollars ($8,500.00); provided that the
first two thousand dollars ($2,000-00) of income of each
relative, other than spouse or spouses of the owner or
owners living in the dwelling shall not be included in such
total.
(5) The net combined financial worth of the owner
shall not exceed thirty-five thousand dollars ($35,000.00),
excluding the fair market value of the house to be connected
to the public sewer system. Net combined financial worth
shall include the value of all assets, including equitable
interests, of the owner and of the spouse of the owner.
(c) Persons applying for line fee exemption under this
section must file with the administrator a line fee exemption
affidavit setting forth, in a manner prescribed by the
administrator, the location and value of the property to be
connected to the public sewer, the names of the persons related
to the owner and occupying the dwelling, their gross combined
income and their net combined financial worth. If such applicant
is under sixty-five (65) years of age, medical certification or
affidavits, as set forth in subsection (b)(2) of this section
shall also be filed with the administrator.
(d) Where the person claiming exemption conforms to the
standards and does not exceed the limitations contained in this
section, the line fee exemption shall be as shown in the
following schedule:
Total income, all sources Exemption
$ 00.00 - $3,500.00 100%
$3,501.00 - $5,000.00 80%
$5,001.00 - $6,000.00 60%
$6,001.00 - $7,000.00 40%
$7,001.00 - $8,500.00 20%
(e) If, within twelve (12) months after the line fee
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36-
exemption is obtained under this section, the applicant's
finan&ial position ehangeS7 should change so that its effect
would be to remove the person holding the exemption from within
the limits and standards of this section, then the person holding
the exemption shall refund the amount of the exemption to the
city.
(f) For purposes of this section, a person is permanently
and totally disabled if he is so certified as required in
subsection (b)(2) of this section and is found by the
adm4:n.istra*-ien.administrator to be unable to engage in any
substantial gainful activity by reason of any medically
determinable physical or mental impairment or deformity which can
be expected to result in death or can be expected to last for the
duration of such person's life.
(g) Any person falsely claiming an exemption or violating
any provision of this section shall be guilty of a Class I
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 August 3, 1981
CJ/da
7/2/81
7/15/81
(A-1981)
CONTENT
- 3 7-
ITEM II-F. 4 ITEM #16980
Upon motion by Vice Mayor Heischober, seconded by Councilman Kitchin, City
Council voted to uphold the recommendation of the City Manager and APPROVE
the following Bingo/Raffle Permits:
Raffle Kempsville High School Band Parents
Association
Raffle Carper Community Civic Association
Raffle Church of the Holy Family
Raffle Ladies Auxiliary to the Davis Corner
Volunteer Fire Department and Rescue
Squad
Bingo Women's American Organization for
Rehabilitation through Training
Raffle Sand Dollar Circle of Kings Daughters
Voting: 11-0
Council Members Voting Aye:
John A. Bam% E. T. Buchanan, F. Reid Ervin, Vice Mayor Harold Heischober,
Barbara M. Henley, Clarence A. Hc)lland, 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 8-
ITEM 11-F.5 ITEM #16981
Upon motion by Vice Mayor Heischober, seconded by Councilman Kitchin, City
Council voted to uphold the recommendation of the City Manager and ADOPT
the Ordinance authorizing license refunds upon application of certain
persons and upon certification of the Commissioner of the Revenue,. in
the amount of $100.00.
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.
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 9-
AN ORDINANCE AUTHORIZING LICENSE REFUNDS
UPON APPLICATION OF 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 certif ication
of the Commissioner of the Revenue are hereby approved:
TE
N@IE YEAR PAID BASE PENALTY INT. TOTAL
Va. Beach Ser. Club, Inc. 1981 6/24/81 50.00
15th & Atlantic Ave.
Va. Beach, Va. 23451
T/A Peppermint Beach Lounge
Miller Enterprises, Inc. 1981 6/8/81 50.00
P. 0. Box 5325
Va; Beach, Va. 23455
T/A Duck In Lynnhaven Inlet
(Both locations sell Beer Only)
7' Cery4fied as to Payment:
L@W
Approved a
ey
The above abatement(s) totaling $ 100-C)o were approved by the
council of the City of Virginia Beach on the 3 -day of August
19 81
Ut H e.-. Sult
0 g
ty C le@k
-40-
ITEM II-P.6 ITEM #16982
Upon motion by Vice Mayor Heischober, seconded by Councilman Kitchin, City
Council voted to uphold tbe recommendation of the City Manager and ADOPT
the Ordinance authorizing tax refunds upon application of certain persons
and upon certification of the Treasurer for payment, in the amount of
$ 3, 6 6 2. 6 7.
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.
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
RM NO. C.A. 7 -41-
7/14/81 EMC
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 following applications for tax refunds upon certification of the Treasurer are hereby approved:
NAME Tax Type Ticket Exonim- Da!e Penalty lnt. Total
Year of Tax Number tion No. paid
John T Shelby 81 pp 108924 5/@9/81 10.80
Joyce A Haste 81 pp 53399 5/8/81 10.80
Virginia Beach Federal S&L 81 RE(2/2) 47110-0 6/5/81 20.14
Seaboard Savings & Loan 81 RE(1/2) 37794-4 12/5/80 35.12
C Fields & I Bradford 81 RE(1/2) 24353-5 11/7/80 60.97
C Fields & I Bradford 81 RE(1/2) 24354-4 11/7/80 61.43
Kenneth W & Dare P Jones 80 RE(2/2) 33226-2 5/22/80 23.34
Kenneth W & Dare P Jones 80 RE(1/2) 33227-1 11/20/79 .41
Kenneth W & Dare P Jones 80 RE(2/2) 33227-1 5/22/80 1.85
Kenneth W & Dare P Jones 81 RE(1/2) 40113-2 12/3/80 1.00
Kenneth W & Dare P Jones 81 RE(2/2) 40113-2 6/1/81 1.68
George 0 & Gladys C Seymore 81 RE(2/2) 86859-3 5/19/81 27.30
H DOliver Holding Corp 81 RE(1/2) 56506-3 11/4/81 131.66
H DOliver Holdina Corp 81 RE(2/2) 56506-3 5/21/81 131.66
Dam Neck Properties 80 RE(1/2) 73184-8 12/5/79 898.73
Dam Neck Properties 80 RE(2/2) 73184-8 9/26/80 998.50
Dam Neck Properties 80 RE(1/2) 73185-7 12/5/79 251.98
Dam Neck Properties 80 RE(2/2) 73185-7 9/26/80 279.95
Dam Neck Properties 80 RE(1/2) 73186-6 12/5/79 11.59
Dam Neck Properties 80 RE(2/2) 73186-6 9/26/80 11.70
S B'air Myers 81 RE(1/2) 54342-6 11/26/80 311.02
Willia, J & Cla,dia T Greene 81 RE(2/2) 29911-9 5/12/81 55.44
Dominion National Bank 81 RE(2/2) 86796-9 6/5/81 120.92
Gene tiylre 81 Pkng 49901 6/30/81 2.00
Total 3,459.99
JUL
DEP-L-. C)F Ll,W
This ordinance shall be.effective from date of adoption.
The above abatement(s) totaling Ce
were approved by
jhe Council of the City of Virginia
Beach on the '-day of
nson, Trea1/2urer
Approved as to form:
Ruth Hodges Smitti
City Clerk
j
son /Gi l@, @ttorney
7/22/81 EMC
4 2-
AN ORDINANCE AUTHORIZING TAX REFUNDS
UPON APPLICATION OF CERTAIN PERSONS
AND UPON CERTIFICATION OF THE TREASURER
FOR PAYMENT
BE IT ORDAINED'SY 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 Exonem- D:!e Penalty lnt. Total
Y ear of Tax Number tion No. P id
bert L Simpson 81 (1/2) RE 69055-1 12/5/80 82.08
nell Freeman & Cassandra 79 (1/2) RE 23937-6 12/4/78 28.00
ornell Freeman & Cassandra 79 (1/2) RE 23937-6 6/5/79 28.00
ucy Murden 80 (1/2) RE 45422-8 11/8/79 32.30
cy Murden 80 (2/2) RE 45422-8 5/7/80 32.30
Total 202.68
L
!:7
This ordinance shall be effective from date of adoption.
The above abatement(s) totaling to paymer
Were approved by
the Council of the City of Virginia
Beach on the-day of
i i T. Atki son, treasurer
A
Ruth Hodges Smith
City Clerk
Attorney
- 4 3-
ITEM II-F. 7 ITEM #16983
Upon motion by Vice Mayor Heischober, seconded by Councilman Kitchin, City
Council voted to uphold the recommendation of the City Manager and ADOPT
the Ordinance on SECOND READING to accept a Grant totaling $125,000 from
the Commonwealth of Virginia for the Museum of Marine Sciences and to
appropriate these funds.
Voting: 11-0
Council Members Voting Aye:
John A. BawN 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
-44-
AN ORDINANCE TO ACCEPT A GRANT
TOTALING $125,000 FROM THE
COMMONWEALTH OF VIRGINIA FOR THE
MARINE SCIENCES AND TO APPROPRIATE THESE FUNDS
WHEREAS, the General Assembly has provided funding of
$125,000 for the Museum of Marine Sciences for the 1982 Fiscal Year;
and,
WHEREAS, this funding will provide for the 1982 Fiscal
Year operating expenses of the Museum including four full-time
positions ; and,
WHEREAS, this funding requires no local match.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE
CITY OF VIRGINIA BEACH that funds of $125,000 be appropriated to
the General Improvements Capital Projects Fund for the Fiscal Year
1982 operating expenses of the Marine Science Museum including the
establishment of four full-time positions with the employee
classification to be detetmined by the City Manager.
BE IT FURTHER ORDAINED that estimated revenues from the
Commonwealth be increased by $125,000 to finance this 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 Third day of August, 1981.
FIRST READING: July 13, 1981
SECOND READING: August 3, 1981
-4 5-
P L A N N I N G A G E N D A
ITEM II-G.1 ITEM #16984
Attorney Grover C. Wright appeared in behalf of the applicant
Councilwoman McClanan made a motion, seconded by Councilwoman Henley, to
DENY the application of WHITE & HOFF ASSOCIATES for a Change of Zo@n
District Classification from R-5 Residential District to R-8 Residential
District.
Voting: 4-7
Council Members Voting Aye: (for denial)
Barbara M. Henley, W. H. Kitchin, III, Reba S. McClanan, and
Meyera E. Oberndorf
Council Members Voting Nay:
Jobn A. Ba@ E. T. Buchanan, F. Reid Ervin, Vice Mayor Harold Heischober,
Clarence A. Ho lland, M. D. , Mayor J. Henry McCoy, Jr., D. D. S. , and Patr ick
L. Standing
Council Members Absent:
None
The motion to deny was lost.
-46-
ITEM #16985
Upon motion by Councilman Baum, seconded by Councilman Standing, City Council
voted to uphold the recommendation of the Planning Commission and APPROVE the
application of WHITE & HOFF ASSOCIATES for a Change of Zoning District
Classification, subject to the recommended conditions transmitted in the
City Manage@s letter, as follows:
ORDINANCE LIPON APPLICATION OF WHITE & HOFF ASSOCIATES Z0881592
FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM
R-5 RESIDENTIAL DISTRICT TO R-8 RESIDENTIAL DISTRICT
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
Ordinance upon application of White & Hoff Associates for a Change
of Zoning District Classification from R-5 Residential District to
R-8 Residential District on certain property located 1000 feet more
or less South of London Bridge Road beginning at a point 1650 feet
more or less Northwest of the intersection of London Bridge Road and
Oceana Boulevard, r=ning a distance of 1991.15 feet in a Southwesterly
direction, running a distance of 396.69 feet in a Northwesterly direction,
running a distance of 1842.57 feet in a Northerly direction, running a
distance of 1881.69 feet in a Southeasterly direction, running a distance
of 286.61 feet in a Southerly direction, running a distance of 147 feet
in an Basterly direction, running a distance of 198.92 feet in a
Southwesterly direction, running a distance of 124.62 feet in a Southeasterly
direction, r=ning a distance of 61.23 feet in an Easterly directio@
rtnining a distance of 152.16 feet in a Southeasterly direction. Said
parcel contains 49.707 acres. PRINCESS ANNE BOROUGH.
Approval is subject to the following provisions in conjtmction with the
intended use of the land:
1. Standard improvements as required by the Subdivision Ordinance.
2. City water and sewer. Additional water and sewer connections
will be needed toserve increased density.
3. An adequate drainage outfall system with the necessary
downstream improvements and easements is required.
4. A ttwn lane with appropriate transitions is to be
installed along London Bridge Road.
5. The developer is to escrow 90% of the three-phase traffic
signal at this property's entrance onto London Bridge Road.
6. The applicant has voltmtarily agreed to submit an instrt-@nt
for recordation restricting development of this site and the
adjacent parcel to a total of 300 tmits on the 64 acres. This
doctmient is to be recorded in the Office of the Clerk of Circuit
Court.
This Ordinance shall be effective from date of its adoption.
Adopted by the Council of the City of Virginia Beach, Virginia,
on the Third day of August, 1981.
-4 7-
Voting: 7-4
Council Members Voting Aye:
John A. Baum, E. T. Buchanan, F. Reid Ervin, Vice Mayor Harold Heischober,
Claro-nce A. Holland, M.D., Mayor J. Henry McCoy, Jr., D.D.S., and Patrick
L. Standing
Council Members Voting Nay:
Barbara M. Henley, W. H. Kitchin, III, Reba S. McClanan, and Meyera
E. Oberndorf
Council Members Absent:
None
4 8-
0 R D I N A N C E S F I R S T R E A D I N G S
ITEM II-H.l.a ITEM #16986
Councilman Standing made a motion, seconded by Councilman Buchanan, to
uphold the recommendation of the City Manager and ADOPT 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: 7-4*
Council Members Voting Aye:
John A. Baum, E. T. Buchanan, P. Reid Ervin, Vice 14ayor Harold
Heischober, W. H. Kitchin, III, Mayor J. Henry McCoy, Jr.,
D.D.S., and Patrick L. Standing
Council Members Voting Nay:
Barbara M. Henley, Clarence A. Holland, M.D., Reba S. McClanan, and
Meyera E. Oberndorf
Council Members Absent:
None
*The City Attorney ruled that a 2/3 vote is required for the adoption of this
Ordinance, therefore, the motion failed.
- 4 9-
ITEM #16986(a)
Upon motion by Councilman Baum, seconded by Councilman Buchanan, City Council
voted to DEFER UNTIL AUGUST 24, 1981, the Ordinance authorizing the issuance
of Public Improvement Bonds of the City of Virginia Beach, Virginia, in the
maximum amount of $1,300,000. (Lynnhaven Dredging Site)
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. 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
- 50-
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 authorized 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 of April 6, 1981,
authorizing the issuance of $17,000,000 Public Improvement Bonds.
3. The Bonds shall bear such date or dates , mature
at such time or times not exceeding forty years from their dates,
bear interest at such rate or rates not exceeding the maximum rate
permitted by law at the time the Bonds are sold, be in such 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 heretofore
or hereafter authorized for similar or other purposes, as the Coundil
shall hereafter provide by appropriate Resolution or Resolutions.
- 51-
4. The Bonds shall be General Obligations of the City
of Virgini-a 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 10th day of August, 1981
Mayor
FIRST READING:
SECOND READING:
DEFERRED: August 3, 1981
- 52-
ITEM II-H.l.b ITEM #16987
Upon motion by Vice Mayor Heischober, seconded by Councilman Ervin, City
Council voted to uphold the recommendation of the City Manager and ADOPT
the Ordinance on First Reading to appropriate $26,372 for "The Battle Off
the Virginia Cape celebration.
Voting: 11-0
Council Members Voting Aye:
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.
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
5 3-
AN ORDINANCE TO APPROPRIATE
$26,372 FOR "THE BATTLE OFF
THE VIRGINIA CAPES" CELEBRATION
WHEREAS, the City of Virginia Beach wishes to celebrate
the anniversary of "The Battle Off The Virginia Capes"; and,
WHEREAS, the General Assembly has awarded $25,000 to
the City of Virginia Beach for this purpose; and,
WHEREAS, estimated revenues from the sale of commemorative
medallions and fees from the use of a telescope are anticipated in the
amount of $1,372.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA:
That the City Manager is hereby authorized to accept this
Grant and collect the above anticipated revenues, and funds are hereby
appropriated in the amount of $26,372 for "The Battle Off The Virginia
Capes" celebration.
That these appropriations be financed by $25,000 estimated
revenue from the Virginia Independence Bicentennial Commission and
$1,372 estimated revenue from the sale of medallions and fees from
the use of the telescope.
FIRST READING: August 3, 1981
SECOND READING:
Adopted by the Council of the City of Virginia Beach,
Virginia, on the day of 1981
- 54-
ITEM II-H.l.c ITEM #16988
Upon motion by Councilman Ervin, seconded by Councilwoman Oberndorf, City
Council voted to uphold the recommendation of the City Manager and ADOPT
the Ordinance on First Reading to accept a Grant of $3,429.00 from the
Department of Energy and to appropriate $6,858.00 to fund technical
assistance for energy conservation.
Voting: 11-0
Council Members Voting Aye:
Jobn A. Baut% 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
5 5-
AN ORDINANCE TO ACCEPT A GRANT OF
$3,429.00 FROM THE DEPARTMENT OF
ENERGY AND TO APPROPRIATE $6,858.00
TO FUNDS TECHNICAL ASSISTANCE FOR
ENERGY CONSERVATION
WHEREAS, the City of Virginia Beach faces a drastic increase in
its electricity rate in 1982; and,
WHEREAS, the City of Virginia Beach wishes to reduce energy
costs and increase the efficiency of the energy systems at seven (7)
major Municipal buildings; and,
WHEREAS, the Department of Energy has approved funding of $6,858.00
to accomplish the above objective;
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
THAT the City Manager is hereby authorized to accept this Grant,
and funds are hereby appropriated in the amount of $6,858.00; and,
BE IT FURTHER ORDAINED that the appropriation be f inanced by
$3,429.00 estimated revenue from the Department of Energy and a local
match of $3,429.00 from the City of Virginia Beach's General Fund Balance.
FIRST READING: August 3, 1981
SECOND READING:
Adopted by the Council of the City of Virginia Beach, Virginia,
on the day of 1981.
- 56-
ITEM II-H.l.d ITEM #16989
Upon motion by Councilman Buchanan, seconded by Councilman Holland, City
Council voted to uphold the recommendation of the City Manager and ADOPT
the Ordinance on First Reading to accept a Grant from the Department of
Corrections total ng $125,948 and to appropriate these funds; and, to
establish a COMMUNITY CORRECTIONS RESOURCE BOARD. (This matter was
previously deferred on July 13, 1981.)
Voting: 11-0
Council Members Voting Aye:
John A. Ba@ E. T. Buchanant 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".
5 7-
AN ORDINANCE TO ACCEPT A GRANT FROM
THE DEPARTMENT OF CORRECTIONS TOTALING
$125,948 AND TO APPROPRIATE THESE FUNDS
AND TO ESTABLISH A COMMUNITY CORRECTIONS
RESOURCE BOARD
WHEREAS, the Virginia General Assembly has enacted the
Community Corrections Incentive Program which makes funds available
to jurisdictions within the Commonwealth for the purposes of diverting
qualified non-violent offenders from the State penitentiaries for the
purpose of rehabilitating these offenders and allowirig them the
opportunity to make restitution for their crimes.
WHEREAS, the City of Virginia Beach is desirous of
establishing such a program; and,
WHEREAS, to qualify under the Community Diversion Incentive
Act, localities must establish a local Community Corrections Resource
Board.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA:
1. That there is hereby established the City of Virginia
Beach Community Corrections Resource Board as required under the
Department of Corrections regulations pertaining to tbe Community
Diversion Incentive Act.
2. That the Commission shall be composed of at least five
(5) members: two (2) members appointed by Chief Judge of the Circuit
Court; two (2) members appointed by the Mayor; and one (1) member
appoointed by the Department of Corrections. The members shall be
appointed for a term of two (2) years. All terms shall begin
September 1, 1981. A chairman shall be selected by the members of
the membership. Vacancies on the Commission shall be filled by the
appointing authority within sixty (60) days of such vacancies.
3. That it shall be the duties of the Commission to
provide an opportunity for citizen participation in the criminal
justice system, represent the program's philosophy to the Community,
advocate for better service for clients in the Program, formalize
Program policies and procedures, oversee administration of the program
58-
And provide to tbe referring Circuit Court Judge the findings and
recommendations of the Bdard made on any individuals pursuant to
Subsection 6, C6mmunity Diversion Incentive Act of 1980, and
determine rational behavior contacts to be developed between the
offenders for participation in the Community Diversion Incentive
Program.
WHEREAS, the Department of Corrections has approved
necessary funding to accomplish the objectives stated above.
NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA:
That the City Manager is hereby authorized to accept the
Grant for the City and funds are hereby appropriated for the following
purposes:
Estimated Revenues Local Total
Community Diversion from Other Agencies Match Appropriations
Incentive Program $125,948.00 To.-00 $125,94:8.00
BE IT FURTHER ORDAINED that two personnel positions are
hereby authorized for the duration of the Grant to be paid from the
Grant with the classes of the employees to be determined by the City
Manager.
FIRST READING: August 3, 1981
SECOND READING:
Adopted by the Council of the City of Virginia Beach,
Virginia, on the day of 1981.
5 9-
L 0 W B I D S
ITEM II-H.2.a ITEM #16990
1
The following bids have been received for the Cape Story by the Sea Sewerage
Facilities, Contract II, Sewage Pumping Station Project:
Crowder Contracting Company, Inc. $127,300.00
Van de Riet Construction Company $133,242.00
Luke Construction Company, Inc. $133,250.00
Hunt Contracting Company $174,797.00
Virginia Bridge and Structures, lnc. $197,200.00
Engineer's Estimate $175,000.00
Upon motion by Councilman Standing, secouded by Councilman Buchanan, City
Council voted to uphold the recommendation of the City Manager and APPROVE
the low bid of Crowder Contracting Company, Inc., in the amount of $127,300,
for the Cape Story by the Sea Sewerage Facilities, Contract II, Sewage
Pumping Station Project; and, authorized the City Manager to enter into
the necessary agreements to implement this project. FUNDS ARE AVAILABLE.
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
- 60-
ITEM II-H.2.b ITEM #16991
The following bids have been received for the Cape Story by the Sea
Sewerage Facilities, Contract I, Gravity Sewers Project:
Utility Builders, Inc. $685,397.20
Suburban Grading and Utilities, Inc. $729,049.00
A & W Contractors, Inc. $793,362.70**
Vico Construction Corporation $805,539.24
W. R. Hall, Jr., Contractor $826,330.10**
Inner-View, Ltd. $865,975.00
E. V. Williams Company, Inc. $892,580.30
M. E. Wilkins, Inc. $956,698.00
Floyd B. Smith Contracting, Inc. $979,282.55
C. A. Barrs, Contractor, Inc. $985,917.20
A. Stuart Bolling Company, Inc. $987,212.00**
Engineer's Estimate $817,065.00*
Upon motion by Vice Mayor Heischober, seconded by Councilman Holland, City
Council voted to uphold the recommendation of the City Manager and APPROVE
the low bid of Utility Builders, Inc., in the amount of $685,397.20, for
the Cape Story by the Sea Sewerage Facilities, Contract I, Gravity Sewers
Project; and, authorized the City Mafiager to enter into the necessary
agreements to implement this project. FUNDS ARE AVAILABLE.
Voting: 11-0
Council Members Voting Aye:
John A. Baun6 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
**Corrected Bid Amount
-61-
ITEM II-H.2.c ITEM #16992
The following bids have been received for the Fire Station #13 Addition -
Blackwater Project:
Future Image Corporation $29,100.00
M. M. Rollins, Jr., and Company $39,072.00
Hudgins and Adkins, Inc. $40,752.00
George Jensen, Inc. $43,465.00
Virtexco Corporation $43,681.00
Samuel L. Gibbs Corporation $45,000.00
Architectural Construction Estimate $28,000.00
Upon motion by Councilman Baum, seconded by Councilwoman Oberndorf, City
Council voted to uphold the recommendation of the City Manager and APPROVE
the low bid of Future Image Corporation, in the amount of $29,100.00, for
the Fire Station #13 addition - Blackwater Project; and, authorized the
City Manager to enter into the necessary agreements for the implementation
of this project. FUNDS ARE AVAILABLE.
Voting: 11-0
Council Members Voting Aye:
Jolm A. Baum, E. T. Buchanan, F. Reid Ervin, Vice Mayor Harold Heiscbober,
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
-6 2-
U N F I N I S H E D B U S I N E S S
ITEM II-I.A ITEM #169@3
The City Clerk advised Council that Middle Plantation, Phase Five, should
be deleted from the Agenda as it was handled administratively.
ITEM II-I.B ITEM #16994
Upon motion by Councilman Standing, seconded by Councilman Buchanan, City
Council voted to DEFER UNTIL AUGUST 17, 1981 the Master Street and Highway
Plan.Otdinance
Voting: 11-0
Council Members Voting Aye:
John A. Baut% 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
,*COUNCILWOMAN McCLANAN VOICED A VERBAL "AY'E".
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ITEM II-I.C ITEM #16995
Upon motion by Councilwoman Oberndorf, seconded by Vice Mayor Heischober,
City Council voted to RECONSIDER ON AUGUST 24, 1981 the application of
PAULA L. COLLINS for a change of zoning from B-2 to A-I,, (as modified
per applicant's verbal agreement in request for RECONSIDERATION).
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
6 4-
ITEM II-I.D ITEM #16996
Councilwoman Oberndorf advised Council of a meeting with the School Board
Subcommittee to be held on Wednesday, August 5, 1981, at 10:00 a.m-
ITEM II-I.E ITEM #16997
Councilwoman Oberndorf advised Council that at the last meeting of tbe
Southeastern Virginia Planning District Commission a study was presented
concerning the future impact of naval housing over the next ten (10) years
in the Tidewater area.
Councilw6man Oberndorf suggested the Mayor "reactivate" the MILITARY
LIAISON DOMMITTEE to study the future impact of Naval build-up in
Tidewater, Virginia.
ITEM II-I.F ITEM #16998
Upon motion by Councilman Holland, seconded by Councilman Standing, City
Council voted to RECESS into EXECUTIVE SESSION at 3:35 p.m., for the
purpose of discussing Real Estate and Legal Matters, and to adjourn,
(4:25 p.m.).
Voting: 11-0
Council Members Voting Aye:
Jobn A. Baum, E. T. Buchanan,* F. Reid Ervin, Vice Mayor Harold Heischober,*
Barbara M. Henley, Clarence A. Holland, M.D., W. E. 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".
*VICE MAYOR HEISCHOBER VOICED A VERBAL "AYE".
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A D J 0 U R N M E N T
ITEM II-K.1 ITEM #16999
Upon motion by Councilwoman Henley, City Council adjourned at 4:25 p.m.
Diane M. Hickman, Deputy City Clerk
Rdth Hodges Sxlth, City Clerk Tayor u e ri-r y y, Jr.
Approved by City Council
August 10, 1981
City of Virginia Beach,
Virginia
3 August 1981
dmh/asb