HomeMy WebLinkAboutJULY 13, 1981 MINUTES
"WORLD'S LARGEST RESORT CITY"
CITY COUNCIL
MAYOR J. HENRY McCOY JR., D.D.S., X..p,@ill. B ... gh
VICE-MAYOR HAROLD HEISCHOBER, Al L.,,,
JOHN A. BAUM, Bi.@h-,,, B...Sh
E. T. BUCHANAN, Ly..b.-. B.,..gh
F. REID ERVIN, Al L.,S,
BARBARA M. HENLEY P-9. B.--gh
CLARENCE A. HOLLAND, M.D., B.y.id. B .... gh
W. H KITCHTS. lit. Vigi.i. B..@h B-@-gb
REBA S. McCLANAN, P,i.c... A... B.@.gh
MEYERA E. OBERNDORF, A, L.,g, 212 CrrY HALL BUILDING
PATRICK L. STANDING, A, L.,,. blUNICIPAL CENTER
VIRGINIA BEACH. VIRGINIA 23436
RUTH HODGES SMITH, Ci,Y Cilli (804) 427-4303
CITY COUNCIL AGENDA
July 13, 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 INFORMAL/EXECUT@VE SESSION
D. PRESENTATION/DISCUSSION OF PERTINENT MATTERS
1. matters for discussion by Mayor.
2. matters for discussion by Council.
3. Discussion with Mrs. I. Margaret White of the DeDartment
of Housing and Urban Development.
4. Home Occupation Use Permits: Presentation by Mr. Robert
J. Scott, Director of Department of Planning.
5. Museum of Marine Science: Discussion of funding.
6. Telephone Study: Discussion.
ITEM ii FORMAL SESSION 2:00 p.m.
A. INVOCATION: Reverend Bruce K. Modahl
Good Shepherd Lutheran
B. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
C. ELECTRONIC ROLL CALL OF COUNCIL
D. MINUTES OF PREVIOUS MEETING:
1. Motion to accept/approve the Minutes of July 6, 1981.
E. PRESENTATION
F. CONSENT AGENDA
All matters listed under the Consent Agenda are considered to be
routine by the City Council and will be enacted by one motion in
the form listed. There will be no separate discussion of these
items. If discussion is desired, that item will be removed from
the Consent Agenda and considered separately.
1. Resolution authorizing the City Manager to execute an
agreement between the City of Virginia Beach and Creeds
Volunteer Fire Department for a period of five years
(Creeds Airfield).
2. Ordinance to enact Section 38-3 of the Code of the City
of Virginia Beach pertaining to the use of slings or
sling-shots. (This item was deferred for one week on
July 6, 1981.)
3. Ordinance to amend and reordain Sections 8-33, 8-34,
8-111, 8-112, 8-113, 8-114, 8-115, 8-116, 8-117, 8-118,
8-119, 8-120, 8-121, 8-131, 8-132, 8-133, 8-146, 8-149,
8-150, 8-151, 8-152, 8-153, 8-157, 8-158, 8-159, 8-171,
8-172, 8-173, 8-174, 8-186, 8-187, 8-190, 8-191, 8-192,
8-193, 8-194, 8-197, 8-197.1, 8-197.2, and 8-198 of the
(1981) Code of the City of Virginia Beach, Virginia,
pertaining to the certification of and fees relating to
mechanical workers, plumbers and electricians.
4. Request of the City Treasurer for tax refunds in the
amount of $311.71.
S. Ordinance, on SECOND READING, to accept $2,697,000 from
the Department of Housing and Urban Development, to
appropriate these funds, and to transfer $214,484 in
reprogrananed funds from prior years to the current year.
ITEM II G. PLANNING ITEMS
1. Reconsideration
a. Application of Ruth Gornto for a change of zoning
from A-1 Apartment District to A-2 Apartment
Distr3=Ct on a 7.03-acre parcel located on the east
side of West Lane, north of Virginia Beach
Boulevard (Lynnhaven Borough). This matter was
denied by City Council on May 11, 1981. On June 8,
1981, Council voted to reconsider this application.
1. Letter from the City Manager transmits the
recommendation of the Planning Commission
for approval.
2. New Items
a. Application of White Way Laundry, Inc. and Woo
investors, Inc. for a chanqe of zoninq from A-1
Apartment District to B-2 Communitv-Business
District on a .53-acre parcel located at the north-
west corner of Holland Road and Washington Avenue
(Princess Anne Borough).
1. Letter from the City Manager transmits the
recormuendation of the Planning Commission
for approval.
b. Application of White and Hoff Associates for a
change of zo@n from R-5 Residential District to
R-8 Residential District on a 49.707-acre parcel
located south of London Bridge Road and Oceana
Boulevard (Princess Anne Borough).
1. Letter from the City Manager transmits the
recommndation of the Planning Commission
for approval.
c. Application of Paula L. Collins for changes of
zoning from B-2 Community-Business District to A-4
Apartment District on two parcels, otalling .T
acres, located on the north side of Bonney Road,
east of Boggs Avenue (Kempsville Borough).
1. Letter from the City Manager transmits the
recommendation of the Planning Connission
for denial.
d. Application of The Center for Excelience, Inc. for
a conditional s@e e-@it for a telecornmunication
tower and equipment building on a 22.04-acre parcel
locatea on the north side of Providence Road, west
of Reon Drive (Kempsville Borough).
1. Letter from the City Manager transmits the
recomrrendation of the Planning Commission
for approval.
ITEM II G. PLANNING ITEMS (Cont'd)
2. New Items (Cont'd)
e. Application of J. Stuart Ives, Jr. for a conditional
use permit for a mobile home for farm laborers on
two parcels, totaling 542 acres, located on both the
east and west sides of Blackwater Road, south of the
Chesapeake City Line (Blackwater Borough).
1. Letter from the City Manager transmits the
recommendation of the Planning Commission
for approval.
f. Application of Montague Steinhart for a conditional
use permit for a duplex on a .14-acre parcel located
on the west side of Arctic Circle, south of 15th
Street (Virginia Beach Borough).
1. Letter from the City Manager transmits the
recommendation of the Planning Commission
for approval.
9. Ordinance to amend the Master Street and Highway
Plan dated December 16, 1974 pertaining to London
Bridge Road.
1. Letter from the City Manager transmits the
recommendation of the Planning Commission
for approval.
h. Ordinance to amend the Master Street and Highway
Plan dated December 16, 1974 pertaining to scenic
easements.
1. Letter from the City Manager transmits the
reconmendation of the Planning Commission
for approval.
i. Ordinance to amend and reordain Article 5, Section
582 of the Comprehensive Zoning ordinance regarding
rear yard setbacks for accessory structures in the
R-9 Residential Townhouse District;
AND, an Ordinance to amend and reordain Article 6,
Section 602 of the Comprehensive zoning Ordinance
regarding rear yard setbacks for accessory structures
in the A-1 Apartrnent District.
1. Letter from the City Manager transmits the
reco=mndation of the Planning Conanission
for approval.
H. ORDINANCES
1. First Readings
a. Ordinance, on FIRST READING, to accept a grant
totaling $125,000 from the Cornmonwealth of
Virginia for the Museum of Marine Sciences and
to appropriate these funds. (This item was
deferred on July 6, 1981.)
ITEM II H. ORDINANCES (Cont'd)
1. First Readings (Cont'd)
b. Ordinance, on FIRST READING, 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.
c. Ordinance authorizing certain events conducted
on City property to be exempt from the prohibition
from working or transacting business on Sunday.
1. Antique Flea Market
2. Tidewater Custom Car & Van Show
3. Sports & Camping Show
4. Mid-Atlantic Boat Show
5. Cruise International Travel Show
6. Sales & Marketing-Executive Home
& Energy Show
7. Flea Market
2. City Code Amendments
a. Ordinance to amend and reordain Chapter 20,
Mosquito Control, of the Code of the City of
Virginia Beach, Virginia, consolidating mosquito
Control Districts under a single Co=nission
which shall function under the Department of
Public Works.
b. Ordinance to amend and reordain Section 33-6
of the Code of the City of Virginia Beach,
virginia, pertaining to the sale of goods by
peddlers.
I. APPOINTMENTS
1. Historical Review Board
2. Arts and Humanities Cormission
J. UNFINISHED BUSINESS
K. NEW BUSINESS
L. ADJOURNMENT
1. Motion to adjourn.
M I N U T E S
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
13 July 1981
The Regular Meeting of the Council of the City of Virginia Beach, Virginia,
was called to order by Mayor J. Henry McCoy, Jr., in the Conference Room,
City Hall Building, on Monday, July 13, 1981, at Twelve-Thirty in the
afternoon.
Council Members Present:
John A. Baum, E. T. Buchanan, Vice Mayor Harold Heischober, Barbara
M. Henley, Reba S. McClanan, Mayor J. Henry McCoy, Jr., D.D.S., Meyera
E. Oberndorf, and Patrick L. Standing
Council Members Absent:
F. Reid Ervin*, Clarence A. Holland, M.D., and W. R. Kitchin, III*
ITEM #16921
Mayor McCoy entertained a motion to permit Council to RECESS into EXECUTIVE
SESSION for discussion of the following; AND, to reconvene into the INFORMAL
SESSION:
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. Tbe protection of the privacy of individuals in personal matters not
related to public business. (Personal Matters).
3. Consultation with legal Cotmsel and briefing by staff members,
consultants, or attorneys pertaining to actual or potential litigation,
or other legal matters within the jurisdiction of the public body.
(Legal Matters).
*COUNCILMAN ERVIN ENTERED MEETING AT 12:32 p.m.
*COUNCILMAN KITCHIN ENTERED MEETING AT 12:32 p.m.
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Upon motion by Councilman Standing, seconded by Councilman Buchanan, City
Council voted to RECESS into the EXECUTIVE SESSION to be followed by the
INFORMAL SESSION.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, E. T. Buchanan, F. Reid Ervin, Vice Mayor Harold
Heischober, Barbara M. Henley, 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:
Clarence A. Holland, M.D.
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ITEM #16922
City Counci-1 reconvene:i into the INFORMAL SESSION wl@th the following Members
present: (1:45 p.m.)
John A. Ba@ E. T. Buchanan, F. Reid Ervin, Vice Mayor Harold
Heischober, Barbara M. Henley, W. H. Kitchin, III, Reba S.
McClanan, Mayor J. Henry McCoy, Jr., D.D.S., Meyera E. Oberndorf,
and Patrick L. Standing
Council Members Absent:
Clarence A. Holland, M.D.
I
M A T T E R S B Y T H E M A Y 0 R
WATER ALLOCA.TION/PENALTIES ITEM #16923
Mayor McCoy advised Council of his discussion with the City Manager
concerning water allocation, penalties, and voluntary conservation.
The Mayor indicated the City Manager had requested mandatory restrictions
be in effect until the First of August; and, the City will continue to
pump from the wells until the lakes reach 90% capacity.
The billing cycle will end July 31, 1981, and Council will discuss this
matter in length during the Council meeting of August 3, 1981.
Councilwoman Oberndorf advised Council of a memorandum from the City
Manager regarding the above matter.
TRASH COMPLAINTS ITEM #16924
Mayor McCoy advised that all members of Council were receiving complaints
regarding one-day a week trash collection, and advised further that the
City Manager will make a presentation on this matter during the FORMAL
SESSION of Council.
M A T T E R S B Y C 0 U N C I L M E M B E R S
OCEANFRONT PARKING PLAN ITEM #16925
Councilwoman McClanan requested Council hold a Public Hearing on the
proposed Oceanfront Parking Plan to get citizen input on this matter,
and requested the Planning Commission hold a Public Hearing prior to
Council's hearing in early September.
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SPSA/NAVY ITEM #16926
Councilwoman,Oberndorf advised Council of a news report whereby the Navy
has deferred the funding of the Solid Waste Treatment Plant until 1984.
Councilman Standing advised CoUncil that Navy Officials have assured
SPSA they do not support the position of Officials in Washington, D. C.,
with regards to this matter.
OCEANFRONT PARKING/DUMP SITE ITEM #16927
Councilman Ervin advised Council that the Oceanfront is impacted with
tourists, etc., and any discussion of a parking plan should include a
long range discussion of what the present zoning of the dumping site
will permit in the way of maximum development. The parking situation
is not Council's only consideration when discussing the Bayfront and
Oceanfront.
I N F 0 R M A L A G E N D A
MARGARET I. WHITE ITEM #16928
Mrs. Margaret I. White, Area Manager, Housing and Urban Development, advised
Council that one of her long range objectives since becoming Area Manager
was to visit municipalities wbo are recipients of HUD funds, and to see
how those funds were being utilized. This is Mrs. White's first official
visit to Virginia Beacb.
HOME OCCUPATION USE PERMITS ITEM #16929
Discussion of home occupation use permits was deferred until the Council
meeting of August 3, 1981.
TELEPHONE STUDY ITEM #16930
The Acting City Manager advised Council that on April 28, 1980 City Council
approved a City-wide Telephone Survey, Management Improvement Corporation
of America, to study the present telephone system to see what the prdsent
services are, and how the City can utilize the same services at a lower
c o s t .
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The recommendations of the Company are:
l.. Consolidation of all telephone equipment management
within one Agency. (The Department of General
Services has been selected as the "Lead Agency" for
telephone service, under the supervision of Charles
(Chuck) Davis.
2. Purchase the City's SL-1 System from Continential
Telephone Company. (Resulting savings would be
$136,344 per year.)
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F 0 R M A L S E S S I 0 N
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
13 July 1981
2:15 p.m.
Council Members Present:
John A. Baum, E. T. Buchanan, F. Reid Ervin, Vice Mayor Harold
Heischober, Barbara M. Henley, W. H. Kitchin, III, Reba S.
McClanan, Mayor J. Henry McCoy, Jr., D.D.S., Meyera E. Oberndorf,
and Patrick L. Standing
Council Members Absent:
Clarence A. Holland, M.D.
INVOCATION: Reverend Bruce K. Modahl
Good Shepherd Lutheran
PLEDGE OF ALLEGIANCT TO THE FLAG OF THE UNITED STATES OF AMERICA
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ITEM II-D.1 ITEM #16931
TJpon motion by Councilwoman Oberndorf, seconded by Councilman Standing,
City Council'voted to APPROVE the Minutes of the Regular Meeting of July
6, 1 981.
Voting: 10-0
Council Members Voting Aye:
Jolm A. Bauu1/2 E. T. Buchanan, F. Reid Ervin, Vice Mayor Harold
Heischober, Barbara M. Henley, 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:
Clarence A. Holland, M.D.
7/ 1 3/ 81
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P R E SS E N T A T I 0 N
ITEM II-E.1 ITEM #16932
Upon motion by Councilman Standing, seconded by Councilman Baum, City
Council voted to ADOPT the Resolution of Appreciation and present same
to Mrs. Polly Pearce.
Miss Kathy Callan, Miss Virginia Beach, appeared with Mrs. Pearce.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, E. T. Buchanan, F. Reid Ervin, Vice Mayor Harold
Heischober, Barbara M. Henley, 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:
Clarence A. Holland, M.D.
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RESOLUTION OF APPRECIATION
ViHEREAS, The MISS VIRGINIA BEACH PAGEANT is an annual highlight
in both the cultural and social life of the City of Virginia.Beach; and,
WHEREAS, Polly Pearce is a dedicated ditizen, a valuable
volunteer and civic leader, who has served as Chaperone and Pageant
Consultant for fifteen years. She has directed literally thousands of
others who willingly gave their time, talent, enthusiasm and effort to
plan and administer, not just a Pageant but continued successful annual
events affording many young women a "showcase" to display their talents--
voice their opinions--challenge their ambitions--and share in a mutually
rewarding experience; and,
WHEREAS, She believes in the Youth of America and is willing
to sacrifice a part of herself to organize the local Pageant and
participate in the State and National. She has represented the City on
numerous occasions as a judge in other Pageants. The majority of all
winners have been in the top five selection of the State level. More
than $50,000 has returned to Virginia Beach in educational scholarships.
NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City
Council recognizes with gratitude the tremendous contributions Polly
Pearce has made, her dedication to others before self and her influence
upon the lives of these prominent youth in the City of Virginia Beach.
BE IT FURTHER RESOLVED: That this Resolution be framed and
presented to Mrs. Polly Pearce with a copy spread upon the Minutes of
this Regular Meeting of the Virginia Beach City Council this Thirteenth
day of July, Nineteen Hundred and Eighty-One.
Given under my hand and seal this Thirteenth day of July,
Nineteen Hundred and Eighty-One.
J. Henry McCoy, Jr., D.D.S.
Mayor
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C 0 N S E N T A G E N D A
ITEM II-F ITEM #16933
Upon motion by Councilman Buchanan, seconded by Councilman Standing, City
Council agreed to separate Item Numbers II-F.2 and II-F.3 from the CONSENT
AGENDA. The remaining items listed as the CONSENT AGENDA were considered
and enacted by ONE MOTION.
Voting : 10-0
Council Members Voting Aye:
John A. Baum, E. T. Buchanan, F. Reid Ervin, Vice Mayor Harold
Heischober, Barbara M. Henley, W. H. Kitchi@ 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:
Clarence A. Holland, M.D.
ITEM II-F.1 ITEM #16934
Upon motion :by Councilman Buchanan, seconded by Councilman Standing, City
Council voted to uphold the recommendation of the City Manager and ADOPT
the Resolution authorizing the City Manager to execute an agreement between
the City of Virginia Beach and Creeds Volunteer Fire Department, Incorporated,
for a period of five (5) Years, (Creeds Airfield).
Voting: 10-0
Council Members Voting Aye:
John A. Ba@ E. T. Buchanan, F. Reid Ervin, Vice Mayor Harold
Heischober, Barbara M. Henley, 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:
Clarence A. Holland, M.D.
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At a meeting of the Council of the
City of Virginia Beach held on the
1 3 day of July, 1981, the follow-
ing resolution was adopted.
R E S 0 L U T I 0 N
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA:
That the City Manager and the City Clerk are hereby authorized
to execute an agreement between the CITY OF VIRGINIA BEACH and CREEDS
VOLUNTEER FIRE DEPARTMENT. INCORPORATED.
ADOPTED by the Council of the City of Virginia Beach on
July 13, 1981
APPROVED:
Mayor
ATTEST:
City Clerk i@.PPPr@VFD ,.S TO CC;NTL,@@,-
NA-fl
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THIS LEASE executed in triplicate this Thirteenth day
of July, 1.981, between the CITY OF VIRGINIA BEACH, a municipal
corporation of the Commonwealth of Virginia, the Landlord, and
the Tenant.
W I T N E S S E T H:
The Landlord does hereby lease to the Tenant, and the
Tenant rents from the Landlord, the following described premises,
(herein sometimes referred to as "Premises" or "Demised Premises"),
being all that certain parcel of land located, lying and being in
the Pungo Magisterial District,:Virginia Beach, Virginia, described
as follows:
PREMISES
260.04 acres, more or less, and being
known and designated as the Naval Air
Station Auxiliary Flying Field, Creeds
Field, Virginia Beach. Virginia, as
appears outlined in red on the plat
attached bereto, made part hereof and
marked Exhibit "A".
Excluding therefrom any existing utility easements,
rights of the Public, if any rights tberebe, to use the Public
Road, and subject to the rights of the adjoining property owners
to use the existing drainage ditches.
TERM
To have and to hold the same for a term of five years on
July 1, 1981, and expiring at midnight on June 30, 1986; upon the
terms and conditions as follows:
MINIMUM RENT
ONE. Tenant agrees to pay the Landlord as rent for the premises
an annual rental of Six Hundred Dollars, ($600.00), payable
annually in advance on tbe 1st day of July.
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USE OF PREMISES
TWO. Said premises to be used and occupied for agricultural and
hunting purposes and for field trials only. Tenant shall not
make or cause to be made any other uses of said premises without
first obtaining Landlord's written approval and consent.
Tenant shall comply with all laws, rules and regulations
of Landlord and all other governmental authorities respecting the
use of and operations and activities on the premises, and shall
not make, suffer or permit any unlawful, improper or offensive
use of such premises or permit any nuisance thereon.
ASSIGNMENT OR SUB-LETTING
THREE. Tenant convenants not to assign, mortgage or encumber
this lease nor sublet or suffer or permit the premises or any
part thereof to be used by others without the prior written
consent of the Landlord in each instance. Provided, however,
said consent may be withdrawn by the Landlord for reasonable
cause upon the giving of thirty (30) days written notice.
SIGNS AND ALTERATIONS
FOUR. Tenant shall not make or cause to be made any alterations,
additions or improvements without first obtaining Landlord's
written approval and consent.
Tenant shall not place or suffer to be placed or
maintained on the premises, any sign or advertising matter or
other thing of any kind without first obtaining Landlord's
written approval and consent.
INDEMNITY AGAINST LIENS
FIVE. Tenant agrees to indemnify and save harmless the Landlord
from and against any and all liabilities.incurred by the Tenant, or
claimd or charged against the Leased premises.
Tenant agrees to furnish the Landlord with a Fidelity
Indemnity Bond with surety acceptable to the Landlord, in the
amount of Ten Thousand Dollars, ($10,000.00).
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SIX. Landlord shall not be liable to Tenant or any other person for
any damage or injury caused by any person or property by reason of
any defect in the premises now or in the future existing. Tenant
agrees to indemnify and save harmless the Landlord from and against
any and all loss, damage, claim, demand, liability or expense by
reason of any damage or injury to property or person which may be
claimed to have arisen as a result of or in connection with the
occupancy or use of said premises by Tenant. Tenant shall, at
his expense, provide and maintain in force during the entire lease term
public liability insurance with limits of coverage of not less than
$10,000-00 for property damage loss from any one accident and not less
than $300,000.00 for personal injury from any one accident and not less
than $100,000.00 for injury to any one person from any one accident,
such insurance to cover the leased property and each policy of such
insurance to name as the insured thereunder the Landlord and the
Tenant. Each such liability insurance policy shall be of phe type
commonly known as owner's, Landlord's and tenant's insurance, or such
other type as is approved by Landlord. The originals of each and all
such policies of insurance, or duplicates of certificates thereof
issued by the insurance company or companies, shall be delivered to
Landlord.
INSPECTION AND ACCESS TO PREMISES
SEVEN. Landlord expressly reserves the right to enter the premises,
at any reasonable time, to examine or to make such repairs, additions,
or alterations as it may deem necessary for the safety, improvement
or preservation thereof.
TER-MINATION
EIGHT. In the event the Tenant shall be adjuaicated bankrupt or
insolvent or take the benefit of any reorganization or composition
proc eedings or insolvency law, or make an assignment for the benefit
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of creditors, or if Tenant's leasebold interest under this
lease shall be levied upon or attempted to be sold under any
execution or process of law, or if a receiver shall be appointed for
the Tenant, then and thereafter Landlord shall have the right and
option to terminate this lease irrespective of whether or not default
exists hereunder, said termination to be effective immediately upon
Landlord's exercise of such option.
Furthermore, it is expressly stipulated and agreed by
and between the parties hereto that one of the provisions for granting
this lease is that either party may, at any time during the original
term of any extension thereof, upon its sole discretion, upon thirty
(30) days written notice to the other party of its intention so to
do, cancel this lease.
DEFAULT OR ABANDONMENT
NINE. In the event the Tenant breaches or fails to perform any
agreements herein, then the Landlord shall have the option to terminiate
this lease upon ten (10) days written notice or to resume possession
and relet the demised premises for the account of the Tenant. In
addition thereto, Landlord may pursue such other remedies as are
provided by law in the event of any breach, default or abandonment
by the Tenant.
SURRENDER OF PREMISES
TEN. Upon the expiration of the term hereof, Tenant sball surrender
the premises to the Landlord in as good order and condition as at the
commencement of the term, (except for ordinary wear and tear).
BUILDINGS
ELEVEN. It is expressly understood and agreed by the parties hereto,
that this agreement does not include any buildings or structures. All
such buildings and structures sball be reserved for the exclusive use
of tfie Landlord, unless otherwise stated or agreed to in writing.
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WITNESS THE FOLLOWING signatures and seals on the month,
day and year first above written:
CITY OF VIRGINIA BEACH, VIRGINIA
By (SEAL)
(SEAL)
CITY CLERK
TENANT: CREEDS VOLUNTEER FIRE
DEPARTMENT, INCORPORATED
By (SEAL)
Witness by /s/Ethelyn W. ReRister (SEAL)
My Commission Expires March 8, 1984
MES:re
1 8-
144,?J 4e ,,,,r @l-IJ
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ITEM II-F.4 ITEM #16935
Upon motion @y Councilman Buchanan, seconded by Councilman Standing, City
Council voted to uphold the recommendation of the City Manager and ADOPT
the Ordinance authorizing tax refunds in the amount of $311.71.
Voting: 10-0
Council Members Voting Aye:
John A. Batm6 E. T. Buchanan, F. Reid Ervin, Vice Mayor Harold
Heischober, Barbara M. Henley, 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:
Clarence A. Holland, M.D.
7/ 1 3/ 81
20 -
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 foliowing applications for tax refunds upon certification of the Treasurer are hereby approved:
NAME Tax Type Ticket Exonem- Dato Penalty lnt. Total
Y ear of Tax Number tion No. Paid
Newlight Enterprises Inc 81 RE (2/2) 54974-1 12/4/80 41.06
Riviera Ventures 81 RE (1/2) 63806-6 11/20/80 131.19
E V Williams Co Inc 81 RE (1/2) 81325-0 12/5/80 .34
E V Williams Co Inc 81 RE (1/2) 81326-9 12/5/80 1.01
E V Williams Co Inc 81 RE (1/2) 81327-8 12/5/80 .34
Peoples Bank of Chesapeake 79 RE (1/2) 1215-5 12/5/78 12.00
Peoples Bank of Chesapeake 79 RE (2/2) 1215-5 6/5/79 12.00
Peoples Bank of Chesapeake 80 RE (1/2) 1125-1 12/5/79 12.95
Peoples Bank of Chesapeake 80 RE (2/2) 1125-1 6/5/80 12.95
Peoples Bank of Chesapeake 81 RE (1/2) 1657-6 12/5/80 13.40
Charles W Weddle & Mary B 80 RE (1/2) 67181-3 12/5/79 3.70
Charles W Weddle & Mary B 80 RE (2/2) 67181-3 6/5/80 3.70
Charles W Weddle & Mary B 81 RE (1/2) 79499-4 12/5/80 3.35
C 0 Barco 81 pp 6582 5/18/81 52.92
Arto Kurkcubasi 81 pp 69481 5/4/81 10.80
Total 311.71
This ordinance shall be effective from date of adoption.
The above abatement(s) totaling c
$ 311. 71 were approved by
the Council of the City of Virginia
Beach on the 1 3 day of JulY urer
Approved as to form:
Ruth Hodges Smith
City Clerk
le E3,m..n. Ct@
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ITEM II-F.5 ITEM #16936
Upon motion by Councilman Buchanan, seconded by Councilman Standing, City
Council voted to uphold the recommendation of the City Manager and ADOPT
the Ordinance on SECOND READING to accept $2,697,000 from the Department
of Housing and Urban Development, to appropriate these funds, and to transfer
$214,484 in reprogrammed funds from prior years to the current year, (Seventh
Program Year).
Voting: 10-0
Council Members Voting Aye:
John A. Baun6 E. T. Buchanan, F. Reid Ervin, Vice Mayor Harold
Heischober, Barbara M. Henley, 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:
Clarenc.e A. Holland, M.D.
2 2-
AN ORDINANCE TO ACCEPT $2,697,000
FROM THE DEPARTMENT OF HOUSING &
URBAN DEVELOPMENT, TO APPROPRIATE
THESE FUNDS, AND TO TRANSFER $214,484
IN REPROGRAMMED FUNDS FROM PRIOR
YEARS TO THE CURRENT YEAR
WHEREAS, the Department of Housing and Urban Development (HUD) has
approved the funding for activities in the Seventh Program Year of the City's
Community Development Block Grant (CDBG), and
WHEREAS, the City wishes to accept this funding.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
That the City Manager be hereby authorized to accept the funds for
the City,
That these funds be hereby appropriated for the following purpose:
Total
Ap@;o i!tions
CDBG Seventh Program Year Activities i;7 000
That $214,484 of reprogrammed funds be transferred from the Third
Program Year to the Seventh Program Year.
That the appropriations be financed 100% by federal funds from HUD,
with no local match required,
That a total of twenty personnel positions be authorized for the
duration of the grant, to be paid from the grant, with classes of employees
to be determined by the City Manager,
That this ordinance allow for these, and all existing, CDBG appro-
priations to be transferred between activities, within the limits established
by HUD, upon approval by the City Manager.
FIRST READING: 6 July 1981
SECOND READING: 13 July 1981
Adopted by the Council of the City of Virginia Beach on the 13
day of July 1981.
APPPOVED AS To CONTENT
r @@-0, p
2 3-
ITEM II-F.2 ITEM #16937
Upon motion-by Councilman Ervin, seconded by Councilman Baum, City Council
voted to uphold the recommendation of the City Manager and ADOPT the
Ordinance to enact Section 38-3 of the Code of the City of Virginia Beach
pertaining to the use of slings or sling-shots.
Voting: 8-2
Council Members Voting Aye:
John A. Baum, E. T. Buchanan, F. Reid Ervin, Vice Mayor Harold
Heischober, Barbara M. Henley, W. H. Kitchin, III, Meyera E.
Oberndorf, and Patrick L. Standing
Council Members Voting Nay:
Reba S. McClanan, and Mayor J. Henry McCoy, Jr., D.D.S.*
Council Members Absent:
Clarence A. Holland, M.D.
*MAYOR McCOY VOICED A VERBAL "NAY"
- 2 4 -
Requested by: City Manager/Chief of Police
AN ORDINANCE TO ENACT SECTION 38-3
OF THE CODE OF THE CITY OF VIRGINIA
BEACH PERTAINING TO THE USE OF SLINGS
OR SLING-SHOTS
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That Section 38-3.1 of the Code of the City of Virginia Beach
is hereby enacted as follows:
Section 38-3.1 Use of slings or sling shots.
No person shall use or discharge, within the limits of the City
specified by Section 38-3 to be unlawful for the discharge of any fiream,
any sling or sling-shot made for the throwing of shot, stones or other missiles.
Every person violating the provisions of this section shall be guilty of a Class
IV 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
MES:sj
7/6/81
10
APPR
APPROVE-D AS
2 5-
ITEM II-F.5 ITEM #16938
Upon motion @y Councilman Baum, seconded by Councilman Ervin, City Council
voted to uphold the recommendation of the City Manager and ADOPT the
Ordinance to amend and reordain Sections 8-33, 8-34, 8-111, 8-112, 8-113,
8-1 1 4, 8-11 5, 8-116, 8-117, 8-118, 8-119, 8-120, 8-121, 8-131, 8-132, 8-133,
8-1 4 6, 8-1 4 9, 8-150, 8-151, 8-152, 8-153, 8-157, 8-158, 8-159, 8-171, 8-172,
8-173, 8-174, 8-186, 8-187, 8-190, 8-191, 8-192, 8-193, 8-194, 8-197, 8-197.1,
8-197.2 and 8-198 of the (1981) Code of the City of Virginia Beach, Virginia,
pertaining to the certification and of fees relating to mechanical workers,
plumbers and electricians.
Voting: 9-1
Council Members Voting Aye:
John A. Ba@ E. T. Bucharian, F. Reid Ervin, Vice Mayor Harold
Heischober, Barbara M. Henley, WH. Kitchin, III, Mayor J.
Henry McCoy, Jr., D.D.S., Meyera E. Oberndorf, and Patrick L.
Standing
Council Members Voting Nay:
Reba S. McClanan
Council Members Absent:
Clarence A. Holland, M.D.
2 6-
AN ORDINANCE TO AMEND AND REORDAIN
SECTIONS 8-33, 8-34, 8-111, 8-112, 8-113,
8-114, 8-115, 8-116, 8-117, 8-118, 8-119,
8-120, 8-121, 8-131, 8-132, 8-133, 8-146,
8-149, 8-150, 8-151, 8-152, 8-153, 8-157,
8-158, 8-159, 8-171, 8-172, 8-173, 8-174,
8-186, 8-187, 8-190, 8-191, 8-192, 8-193,
8-194, 8-197, 8-197.1, 8-197.2, and 8-198
OF THE (1981) CODE OF THE CITY OF VIRGINIA
BEACH, VIRGINIA, PERTAINING TO THE
CERTIFICATION OF AND FEES RELATING TO
MECHANICAL WORKERS, PLUMBERS AND
ELECTRICIANS
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That Sections 8-33, 8-34, 8-111, 8-112, 8-113, 8-114,
8-115, 8-116, 8-117, 8-118, 8-119, 8-120, 8-121, 8-131, 8-132,
8-133, 8-146, 8-149, 8-150, 8-151, 8-152, 8-153, 8-157, 8-158,
8-159, 8-171, 8-172, 8-173, 8-174, 8-186, 8-187, 8-190, 8-191,
8-192, 8-193, 8-194, 8-197, 8-197.1, 8-197.2, and 8-198 of the
Code of the City of Virginia Beach, Virginia, are hereby amended
and reordained as follows:
Section 8-33. Same - Mechanical and gas permits.
The minimum fee for any mechanical or gas permit
required by the building code shall be ten
dollars ($10-00). with the exception that the fee for the
installation of gas outlets for a gas piping system shall be SS4ve
ten dollars ($10-00), plus two dollars ($2.00)
for each additional outlet over two (2). For the installation or
replacement of mechanical systems or equipment, the fee shall be
at the rate of four dollars ($4.00) per one thousand dollars
($1,000-00) of the current value of all service, labor, materials
and equipment.
Section 8-34. Same - Electrical permits.
(a) The fee for a permit for electrical work, as
required by the building code, shall be as specified in this
section.
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(b) There shall be charged a minimum fee of J4!ve
ten dollars ($10-00) for each permit issued.
(c) For a permit issued for a temporary service, such
as a trailer, house meter or meter loop added to an existing
service, not to exceed one hundred (100) amperes, the fee shall
be ten dollars ($10.00). For such a permit for those temporary
services over one hundred (100) amperes, the fee shall be fifteen
dollars ($15.00).
(d) For a permit for any special condition, such as
and including buildings moved, swimming pools, carnivals,
services relocated but not increased and the like, the fee shall
be a minimum of ten dollars ($10.00). The fee for a permit for
prefabricated buildings for out-of-city use shall be twenty
dollars ($20.00).
(e) For a permit issued for original construction, the
following fees include all equipment outlets only if specifically
listed on the application and installed by the permit holder
before the final inspection, such fees being,based on the maximum
current carrying capacity of each set or subset of service
conductors installed, to the nearest fifty (50) amperes:
(1) Single phase: Fifteen dollars ($15.00) per
fifty (50) amperes.
(2) Three (3) phase: Twenty dollars ($20.00)
per fifty (50) amperes for the first one
thousand (1,000) amperes and ten dollars
($10-00) per ampere in excess of one thousand
(1,000) amperes.
When services are increased or phases added, the fee shall be
one-half the rate above, plus the added equipment fee. For fee
purposes, the service-panel nameplate amperage rating shall be
used.
(f) The following fees shall apply in regard to a
permit with reference to wiring or equipment connected to an
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existing service. For each piece of equipment connected and for
each circuit or feeder installed, extended, relocated or
repaired, the fee shall be:
AMPERES CONDUCTOR SIZE FEE
0 - 30 #14, 12, 10 $ 3.00 each
31 - 60 #8, 6 $ 4.00 each
61 - 100 #4, 3, 2 $ 5.00 each
101 - 200 #1, 0, 00, 000 $10.00 each
Over 200 Over 000 $15.00 each
(g) On any electrical work commenced before an
electrical permit has been issued and the requisite fee paid
therefor, a civil penalty of twenty-five dollars ($25.00) per
unit shall be added to the fee due. Payment of such penalty
shall not in any way relieve the violator from such penalties as
may be imposed by the courts.
ARTICLE V. BOARD OF PLUMBING EXAMINERS
Article V, Board of Plumbing Examiners, is hereby
repealed; and Article V is reordained to read as follows:
ARTICLE V. CERTIFICATES OF COMPETENCY FOR MECHANICAL WORKERS.
Section 8-111. General requirements.
(a) Any person performing any work toward the
installation, replacement, repair, alteration or addition of any
mechanical systems or equipment shall obtain a permit from the
director of the department of permits and inspections,
hereinafter referred to as director, unless such person is
specifically exempted therefrom under the provisions of this
article.
(b) Permits for the preceding may only be obtained b'V
persons certified to a Level II degree of competency as a
mechanical worker pursuant to the regulations referred to in this
section and who have met all other applicable requirements of
this article.
(c) A violation of this section shall constitute a
Class 3 misdemeanor.
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Section 8-112. Exemption of homeowners.
Nothin2 in this article shall be construed to prevent
the owner of any single-family dwellinq f
additions, alterations or repairs to the mechanical system or
equipment in the dwelling in which he resides, provided, however,
that such owner shall first demonstrate his knowledqe of and
familiarity with the mechanical code, such code beinq a part of
the buildinq code. Such owner shall obtain all required permits
and shall make all required tests of the completed work before
approval of the work is granted bv a plumbinq or mechanical
inspector. No such mechanical system or equipment shall be put
into service prior to final approval by such inspector.
Section 8-113. Exemption of mechanical workers certified by
another po itical su
Any mechanical worker holdinq a current certificate of
competency or its equivalent from another Political subdivision
of the state, in which the requirements for certification are of
a standard prescribed by the director of the state department of
housing and community development, shall not be required to
obtain a certificate of competency of eaual class from this
Section 8-114. Examination of-applicant Cenerallv
(a) The director is hereby empowered to administer an
examination to qualified applicants for certification as
mechanical workers in accordance with the regulations, as
amended, established bv the director of the department of housin
and community development Pursuant to Sections 15.1-11.4 and
36-99 of the Code --inia, 1950, as amended. The director
shall have and exercise all such authorit necessarv to
effectuate the certification of applicants ds mechanical
workers.
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(b) In case of the failure of an applicant for a
Level I or Level II mechanical worker's certificate of competency
to pass the examination given by the director, he shall be
eligible for reexamination at the next scheduled examination.
Such applicant may not take more than two (2) examinations in any
twelve (12) month period. The fee for such reexamination shall
be one half of the amount otherwise applicable.
Section 8-115. Same - Fee.
Every person taking an examination pursuant to this
article shall pay a fee therefor as follows:
(1) One hundred dollars ($100.00) for the examination
for a Level II mechanical worker's certificate;
and
(2) Fifty dollars ($50.00) for the examination for a
Level I mechanical worker's certificate.
Section 8-116. Issuance.
Upon satisfactorily passing the requisite examination
given by the director, an applicant for a certificate of
competency under this article shall be granted the appropriate
certificate, with the authority to conduct the business or
perform the work authorized by such certificate.
Section 8-117. Transfer; use by another.
No certificate of competency as a mechanical worker
shall be transferred or loaned to any other person, nor shall
such a certificate be used for any purpose whatsoever except by
the person to whom such certificate has been issued.
Section 8-118. To be carried by mechanical worker and displayed
upon request.
It shall be the duty of each certified mechanical
worker to have his certificate in his possession whenever he
shall perform any mechanical work in the city and to permit an
inspector to examine such certificate upon request.
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Section 8-119. Duty to report loss and apply for duplicate.
It shall also be the duty of each certified mechanical
worker to rt the loss of his certificate and to
apply for a
Section 8-120. Expiration and renewal.
(a) Each certificate issued in virqinia Beach pursuant
to this article shall expire on the first day of January, next
following its issuance. Such certificate may be renewed, upon
application therefor and payment of an annual renewal fee of
twenty dollars ($20.00) in the case of a Level II mechanical
workers or ten dollars ($10-00) in the case of a Level I
mechanical workers.
(b) If a certificate granted in Virginia Beach is not
renewed within thirty (30) days after expiration, the mechanical
worker to whom the same was issued shall not engage in any work
for which a certificate is required in the city unless and until
he has appeared before the board of mechanical aPT)eals,
explaining his reasons for failinq to renew his certificate and
has been authorized by the said board to resume work pursuant to
his certificate. Furthermore, such person shall be required to
pay double the renewal fee Prescribed in subsection (a) of this
section.
Section 8-121. Revocation.
Any certificate of competency as a mechanical worker
may be revoked by the board of plumbing and mech s at
any time upon the filinq in writinq and oath with the board
of sufficient charges showing the holder of the certificate to be
incompetent or quilty of a willful breach of the rules
regulations or requirements of the board or laws or ordinances
relating to mechanical workers or upon other grounds sufficient
for the revocation of the certificate in estion. The holder of
the certificate in question shall be qiven.written notice of such
charges or grounds and, at a meetinq of the board held for the
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consideration of such revocation, shall have the right to be
heard.
Section 8-122. Additional reguirements.
(a) The person in charge of the mechanical
installations for any person, firm or corporation engaged in
business as amechanical contractor shall possess a certificate
of competency as a Level II mechanical worker.
(b) It shall be unlawful for any owner, lessee, aqent
or any person having any authority or duty in connection with any
building or premises to employ any person to do any mechanical
work in any such building or premises unless the mechanical work
done by such person is in the charge of a Le@el II mechanical
worker, holding a certificate of competency as such.
ARTICLE VI. BOARD OF ELECTRICAL EXAMINBRS APPEALS
Section 8-131. Created; composition; appointment and terms of
members.
There is hereby created a board of electrical
emaFR.iners appeals which shall be composed of four certified
master Level II electricians and a representative of the Virginia
Electric and Power CompAny, together with the electrical
inspector who shall be an ex officio member. The certified
master Level II electricians and the representative of the
Virginia Electric and Power Company shall be appointed by the
city council. The terms of the members, except for the
electrical inspector, shall be for two years.
Section 8-132. Compensation of members.
The compensation to be received by each of the
master Level II electricians appointed to the board of electrical
emam-iners appeals shall be five-elel-lars-+"@99* fifteen dollars
($15.00) for each meeting of the board attended by them;
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provided, that in no case shall a master Level II electrician
receive more than one hundred twenty dollars ($120.00) for any
one year.
Section 8-133. Powers and duties.
The board of electrical examiners appeals shall have
the powers and duties prescribed in Article VIII of this chapter
and, in addition, such board shall have the authority to
interpret the provisions of this chapter or the National
Electrical Code, which is a part of the building code, and
review, upon the request of any aggrieved party, decisions of the
electrical inspector as to the interpretation of such
provisions.
Sections 8-134 - 8-145. Reserved.
Section 8-146. General requirements.
(a) A person performing any work toward the
installation of a plumbing fixture or qas appliance or er
plumbing facility, or the performance of any additions,
alterations or repairs to any existinq facility or fixture or gas
piping shall obtain a Permit from the director of the d ment
of permits and inspections, hereinafter referred to as director
unless such person is specifically exempted therefrom under the
provisions of this article.
(b) Permits for the preceding may be obtained only bv
persons certified to a Level II deqree of comp6tency as a
plumber, Pursuant to the regulations referred to in this section
and who have met all other applicable requirements of this code.
(c) A violation of this section shall constitute a
class 3 misdemeanor.
Section 8-149. Application.
Section 8-149 is hereby repealed.
-8-
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Section 8-150. Qualifications of applicant.
Section 8-150 is hereby repealed.
Section 8-151. Examination of applicant - Gen'erally.
(a) The director is hereby empowered to administer an
examination to qualified applicants for certification s plumbers
in accordance with the regulations, as amended, established by
the director of the department of housinq and community
development pursuant to Sections 15.1-11.4 and 36-99 of the Code
of Virqinia, 1950, as amended. The director shall have and
excerise all such authority neccesarv to effectuate certification
of applicants as plumbers,
I (b) In case of the failure of an applicant
to pass the examination given by the director, he shall be
eligible for reexamination at the next scheduled examination.
such applicaht may not take more than two (2) examinations in any
twelve (12) month period. The fee for such reexamination shall
be one half the amount otherwise applicable.
Section 8-152. Same - Fee.
Every person taking an examination pursuant to this
article shall pay a fee therefor as follows:
(1) one hundred dollars
($100-00) for the examination for a master Level
II plumber's certificate.
(2) Fifty dollar
($50.00) for the examination for a jettrneyi%an
Level I plumber's certificate.
Section 8-153. Issuance.
(a) Upon satisfactorily passing the requisite
examination given by the director, an
applicant for a certificate of competency under this article
shall be granted the appropriate certificate,-with authority to
conduct the business or perform the work authorized by such
certificate.
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Section 8-157. Expiration and renewal.
(a) Each certificate issued in virginia Beach pursuant
to this article shall expire on the first day of January, next
following its issuance. Such certificate may be renewed, upon
application therefor and payment of an annual renewal fee of
twenty dollars ($20.00) in the case of a Level II plumber or ten
dollars ($10.00) in the case of a Level I plumber.
(b) If a certificate granted in Virqinia Beach is not-
renewed within thirty (30) days after expiration, the Dlumber to
whom the same was issued shall not engaqe in any work for which a
certificate is required in the city unless and until he has
appeared before the board of glumbin!i and mechanical appeals,
explaining his reasons for failing to renew his certificate and
has be6n authorized by the said board to resume work pursuant to
his certificate. Furthermore, such person shall be required to
pay double the renewal fee prescribed in subsection (a) of this
section.
Section 8-158. Revocation.
Any certificate of competency as a plumber may be
revoked by the board of plumbing enami-ners and mechanical appeals
at any time upon the filing, in writing and under oath, with the
board of sufficient charges showing the holder of the certificate
to be incompetent or guilty of a willful breach of the rules,
regulations or requirements of the board or laws or ordinances
relating to plumbing or upon other grounds sufficient for the
revocation of the certificate in question. The holder of the
certificate in question shall be given written notice of such
charges or grounds and, at a meeting of the board held for the
consideration of such revocation, shall have the right to be
heard.
Section 8-159. Additional requirements.
(a) The person in charge'of the plumbing installations
for any person, irm or corporation enqaqe. in business as a
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plumbing contractor shall possess a certificate of competency as
a Level II plumber.
(b) It shall be unlawful for any owner, lessee or
agent or any person having any authority or dutv in connection
with any building or premises to employ any person to do any
plumbing work in any such building or premises unless the
plumbing work done by such person is in the charge of a Level II
plumber, holding a certificate of competency as such.
ARTICLE VII. ELECTRICAL CONTRACTORS AND ELECTRICIANS
DIVISION 1. GENERALLY.
Section 8-171. Definitions.
For the purposes of this article, the following words
and phrases shall have the meanings respectively ascribed to them
by this section:
Electrical contractor: A person, engaging in the
business of electrical work and qualified as a Level II
electrician or State registered, Class A, electrical contractor.
Electrical inspector: The City's electrical inspector
or his duly authorized assistants.
Electrical work: All work and materials used in
installing, maintaining and extending a system of electrical
wiring for light, heat or power and all appurtenances, apparatus
or equipment used in connection therewith, inside of or attached
to any building, structure, lot or premises.
Electrician: A person who is engaged in.the trade or
busines.s of electrical construction and who is qualified under
the provisions of this article.
cTe,drneyman Level I electrician: A person who possesses
the necessary qualifications, training and technical knowledge to
install electrical wiring, apparatus or equiidment for light, heat
or power and who is qualified under the provisions of this
article and is capable of doing electrical work according to the
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plans and specifications furnished to him in accordance with the
provisions of this article governing wiring installations in this
city, subject to supervision of a master Level II electrician.
Maintenanee-elee'eL-4:eian@--A-peL,eeyt-whe-.is-quali#4:ed
Master Level II electrician: A person who possesses
the necessary qualifications, training and technical knowledge to
plan, lay out and supervise the installation of electrical wiring
apparatus or equipment for light, heat or power and who is
qualified under the provisions of this article.
Section 8-172. Registration of master-and-1/2eurneymen Level I and
Level II electricians.
+a+ Every person doing business as a master Level I or
Level II electrician er-@urneyman-eleetrieiaR in the city shall
register at the office of the electrical inspector giving his full
name, residence and place of business. In case of removal from one
place to another in the city, such person shall have the requisite
change made in the record.
Section 8-173. Master Level II electrician's bond.
(a) Each irester Level II electrician doing electrical
work within the city, other than those registered with the State
as Class A or Class B contractors pursuant to Chapter 7 of Title
54 of the Code of Virginia, 1950, as amended, shall give a bond
of two thousand dollars ($2,000.00), in the form approved by the
city attorney, payable to the city with surety conditioned to
'indemnify and save harmless the city as well as any other person
from all expenses and damage that may be caused by any negligent,
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defective or inadequate work done in the city and to secure the
payinent of inspection fees and permit fees.
(b) When any electrical work done by a master Level
II electrician or person working for him sheii-6e-eleefRed is
determined to be defective or inadequate by the electrical
inspector and the fRa5ter Level II electrician shall fail to
revise or put such work in proper condition to the satisfaction
of the electrical inspector within ten (10) days after written
notice from the electrical inspector, such contractor may have
his certificate suspended by the department of permits and
inspections
werk and, in addition thereto, shall pay any and all damages
which may be occasioned to any person by reason of such defective
or inadequate work.
Section 8-174. Identification of vehicles used by electrical
contractors in conduct of business.
Section 8-174 is hereby repealed.
Sections 8-175 - 8-185. Reserved.
Section 8-186. General requirement.
(a) It shall be unlawful for any person to do any
electrical work in the City unless he has a current certificate
of competency covering the type of work performed and issued
pursuant to this division, or unless such person is specifically
exempted therefrom under the provisions of this division.
(b) The person in charge of the electrical
installations for any person engaged in business as an electrical
contractor shall possess a current certificate of competency as a
meeter Level II electrician.
(c) It shall be unlawful for any owner, lebsee or
agent or any person having any authority or duty in connection
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with any building br premises' to employ any person to do any
electrical work in any such building or premises unless the
electrical work done by su6h person is under the control of a
master Level II electrician, holding a current certificate of
competency as such.
(d) A violation of any provision of this section shall
constitute a Class 3 misdemeanor.
Section 8-187. Exemption for employees of ]nester Level II
electricians.
A person who is employed by a certified master Level II
electrician and who works according to directions and under the
direct and personal supervision of a certified master Level II
electrician or of a leurneymen Level I electrician working for
such master Level II electricians, shall not be required to
obtain a certificate under this article.
Section 8-190. Application.
Section 8-190 is hereby repealed.
Section 8-191. Qualifications of applicant.
Section 8-191 is hereby repealed.
Section 8-192. Examination of applicant - Generallv.
(a) The director of the department of Permits and
inspections, hereinafter referred to as director, is hereby
empowered to examine aDDlicants for certification as electricians
in accordance with the requlations, as amended, established bv
the director of the department of housing and communit
development pursuant to Sections 15.1-11.4 and 36-99 of the Code
of Virginia, 1950, as amended.-The director shall have and
exercise all such authoritv necessary to effectuate the
certification of applicants as electricians in accordance with
the aforesaid regulations.
(b) Upon satisfactorily passin the requisite
examination given by the director, an applicant for an
-14-
40 -
electrician's certificate of competency shall be granted a
certificate as a Level I or Level II electrician.
Section 8-193. Same - FeO.
The fee for the examination for a certificate of
competency as a FR&ster Level II electrician shall be fifty
one hundred dollars ($100.00), and the fee for
the examination for a certificate of competency as a @etirmeyman
Level I electrician or-iRai-ittemanee-eleetr4:e4An shall be
twenty-@ve-eleiiars-+$25,00+ fifty dollars ($50.00). Such fee
shall accompany the application for the certificate.
Section 8-194. Same - Reexamination after failure to pass.
Any applicant for a certificate under this division who
fails to pass the examination required by section 8-194 8-192 may
shall be eligible for
reexamination at the next scheduled examination. Suc licant
may not take more than two examinations in any twelve month
period. The fee for such reexamination shall be one half the
amount otherwise applicable. Upon failure of such
reexamination, the applicant shall file a new application and pay
the fees as established to become eligible for further
examinations.
Section 8-196. Term; renewal.
(a) Each certificate issued in Virginia Beach pursuant
to this article shall expire on the first day of January, next
following its issuance. Such certificate may be renewed, upon
application therefor and payment of an annual renewal fee of
twenty dollars ($20.00) in the case of a Level II electrician or
ten dollars ($10.00) in the case of a Level I electrician.
(b) If a certificate granted in Virginia Beach is not
renewed within thirty (30) days after expiration, the electrician
to whom the same was issued shall not engage in any work for
41-
which a certificate is required in the city unless and until he
has appeared before the board of electrical appeals, explaininq
his reasons for failinq to renew his cerfificate and has been
authorized by the said board to resume work pursuant to his
certificate. Furthermore, such person shall be required to Pav
double the renewal fee prescribed in subsection (a) of this
section.
Section 8-197. Transfer, loan, etc., prohibited.
No certificate of competency issued under this division
shall be transferred, loaned or e*tended-1/2e-eever-elee1/2r4e&l-work
eeptifieete-4!n-questien@ used for anV Purpose whatsoever except
by the person to whom such certificate has-been issued.
Section 8-197.1. To be carried by electrician and displayed upon
It shall be the duty of each certified electrician to
have his certificate in his possession whenever he shall orm
any electrical work in the city and to permit an electrical
inspector to examine such certificate upon request.
Section 8-197.2. Duty to report loss and apply for duplicate.
It shall be the dutv of each certified electrician to
promptly report the loss of the certificate and to apply for a
Section 8-198. Suspension or revocation.
(a) The board of electrical emaminers appeals may
suspend or revoke, for proper cause, any certificate of
competency issued under this division.
(b) The board of electrical examiners appeals, upon
the affirmative vote of three (3) of its members, may revoke any
electrician's certificate of competency, issued under thi.s
division, for repeated failure to comply with instructions, of the
electrical inspector, for repeatedly undertaking electrical,work
without a permit or for any other violation of this chapter. The
-16-
--42- '
holder of the certificate in question shall have written notice
of su@h charges or grounds and, at a meeting of the board held
for the consideration of such revocation, shall have the right to
be heard.
(c) The electrical inspector or the board of
electrical exam4ners appeals may suspend temporarily any
electrician's certificate of competency issued under this
division for failure to correct faulty work, doing electrical
work without a permit or for any other good and sufficient
cause.
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
CJ/da
6/24/81
(F)
7/17/81
4 3-
P L A N N I N G A G E N D A
ITEM II-G.l.a ITEM #16939
Attorney James A. Roy appeardd in behalf of the applicant
The following appeared in opposition:
Commander Curtin, Naval Air Station-Oceana
Sharlene Harris
Rene Haux
Upon motion by Vice Mayor Heischober, seconded by Councilman Ervin, City
Council voted to uphold the recidmmendation of the Planning Commission
and APPROVE the application of RUTH GORNTO for a Change of Zoning District
Classification, subject to the recommended conditions transmitted in the
City Manager's letter, as follows:
ORDINANCE UPON APPLICATION OF RUTH GORNTO W781590
FOR A CHANGE OF ZONING DISTRICT CLASSIFI-
CATION FROM A-1 APARTMENT DISTRICT TO A-2
APARTMENT DISTRICT
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
Ordinance upon application of Ruth Gornto for a ' Change
of Zoning District Classification from A-1 Apartment
District to A-2 Apartment District on certain property
located on the East side of West Lane beginning at a
point 200 feet niore or less North of Virginia Beach
Boulevard, running a distance of 435.7 feet along the
East side of West Lane, running a distance of 630 feet
along the Northern property line, running a distance of
470 feet along the Eastern property line, rtmning a
distance of 236 feet along the North side of Vir@ia
Beach Boulevard, rtmning a distance of 30 feet more or
less in a Northerly direction, rimning a distance of 205
.feet in a Westerly direction, rimning a distance of 75
feet in a Northerly direction and running a distance of
195 feet in a Westerly direction. Said parcel contains
7.03 acres. 'LYNNHAVEN BOROUGH.
Approval is subject to the following provisions in con-
jtmction with the intended use of the land:
1. Standard improvements as required by the Site Plan
Ordinance.
2. City wiiter and sewer.
3. An adequa,te drainage outfall system with all the
necessary downstream improvements and easements
is required.
- 44-
4. Right-of-way improvements are necessary along
West Lane; this includes pavement widening and
overlay, curb, gutter, sidewalk, and drainage
facilities.
5. A variable dedication along West Lane.
6. A 17-foot dedication along Virginia Beach Boulevard.
7. Applicant voluntarily agrees to limit the number of
units per acre to 15 as out@ed in the voluntary
agreement prepared by the applicant and approved
by the City Attorney; and, voluntarily agrees to
notify tenants of high noise level.
This ordinance shall become effective from date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia,
on tbe Thirteenth day of July, 1981.
Voting: 6- 4
Council Members Voting Aye:
John A. BAUN F. Reid Ervin, Vice Mayor Harold Heischober, Barbara M.
Henleyl% Mayor J. Henry McCoy, Jr., D.D.S., and Patrick L. Standing
Council Members Voting Nay:
E. T. Buchanan, W. H. Kitchiri, III, Reba S. McClanan, and Meyera E.
Oberndorf
Council Members Absent:
Clarence A. Holland, M.D.
*COUNCILWOMAN, HENLEY VOICED A VERBAL "AYE".
4 5-
ITEM II-G.2.a ITEM #16940
Attorney Nick Cohen appeared in behalf of the applicant
Upon motion by Councilwoman McClanan, seconded by Councilman Ervin, City
Council voted to uphold the recommendation of the Planning Commission and
APPROVE the application of WHITE WAY LAUNDRY, INC., AND WOO INVESTORS,
INC., for a Cbange of Zoning District Classification, subject to the
recommended conditions transmitted in the City Manager's letter, as
follows:
ORDINANCE TJPON APPLICATION OF WHITE WAY Z0781591
LALNDRY, INC., AND WOO INVESTORS, INC.,
FOR A CHANGE OF ZONING DISTRICT CLASSIFI-
CATION FROM A-1 APARTMENT DISTRICT TO B-2
COMMUNITY-BUSINESS DISTRICT
BE IT ORDAINED BY TBE COUNCIL OF THE CITY OF VIRGINIA BFACH,
VIRGINIA:
Ordinance upon application of White Way Laundry, Inc., and
Woo Investors, Inc., for a Change of Zoning District Classifi-
cation from A-1 Apartment District to B-2 Community-Business
District on certain property located at the Northwest corner
of Holland Road and Washington Avenue, running a distance of
139.02 feet along the West side of Washington Avenue, running
a distance of 138.52 feet along the Northern property line,
running a distance of 125 feet along the Western property
line, running a distance of 169.49 feet along the North side
of Holland Road, and running a distance around a curve in a
Northerly direction a distance of 40.02 feet. Said parcel
contains .53 acre more or less. PRINCESS ANNE BOROUGH.
Approval is subject to the following provisions in con-
junction with the intended use of the land:
1. Standard improvements as required by the Site Plan
Ordinance.
2. City water and sewer.
3. Right-of-way improvements are necessary along Washington
Avenue; this Jncludes an 18-foot pavement, curb and gutter,
sidewalk and storm drainage facilities.
4. An adequate drainage outfall system with the necessary
downstream improvements and easements is required.
This Ordinance shall be effective from date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia,
on the Thirteenth day of July, 1981.
4 6-
Voting 10-0
Council Members Voting Aye:
John A. Baum, E. T. Buchanan, F. Reid Ervin, Vice Mayor Harold
Heischober, Barbara M. Henley, 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:
Clarence A. Holland, M.D.
4 7-
ITEM II-G.2.b ITEM #16941
Attorney Grover C. Wright, Jr., appeared in behalf of the applicant
Commander Curtin, Naval Air Station-Oceana, appeared on this matter
to advise Council of the agreement between White and Hoff and the
Navy with regards to the number of units to be constructed on the
property, and the disclosure agreement.
Councilwoman McClanan made a motion, seconded by Councilwoman Oberndorf,
to DENY the application of WHITE AND HOFF ASSOCIATES for a Change of Zoning
District Classification from R-5 Residential District to R-8 Residential
Distr ict .
Voting: 5-5
Council Members Voting Aye: (for detxial)
Vice Mayor Harold Heischober, Barbara M. Henley, W. H. Kitchin, III,
Reba S. McClanan, and Meyera E. Oberndorf
Council Members Voting Nay:
John A. Bam4 E. T. Buchanan, F. Reid Ervin, Mayor J. Henry McCoy, Jr.,
D.D.S..* and Patrick L. Standing
Council Members Absent:
Clarence A. Holland, M.D.
*MAYOR McCOY VOICED A VERBAL "NAY".
7/ 1 3/ 81
-4 8-
ITEM #16941(a)
Upon motion @y Councilman Standing, seconded by Councilman Ervin, City
Council voted to DEFER UNTIL AUGUST 3, 1981 the application of WHITE
AND HOFF ASSOCIATES for a Change of Zoning District Classification, as
per the following:
Ordinance upon application of White and 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, running a
distance of 1991.15 feet in a Southwesterly
direction, running a distance of 396.62 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, rtmning a
distance of 286.61 feet in a Southerly direction,
running a distance of 147 feet in an Easterly
direction, running a distance of 198.92 feet
in a Southwesterly direction, running a distance
of 124.62 feet in a Southeasterly direction,
running a distance of 61.23 feet in an Easterly
direction and running a distance of 152.16 feet
in a Southeasterly direction. Said parcel contains
49.707 acres. PRINCESS ANNE BOROUGH.
Voting: 9-1
Council Members Voting Aye: (for deferral)
John A. Ba@ E. T. ]Buchanan, F. Reid Ervin, Vice Mayor Harold
Heischober, Barbara M. Henley, W. H. Kitchin, III, Mayor J.
Henry McCoy, Jr., Meyera E. Oberndorf, and Patrick L. Standing
Council Members Voting Nay:
Reba S. McClanan
Council Members Absent:
Clarence A. Holland, M.D.
-4 9-
ITEM II-G.2.c ITEM #16942
Attorney Bruce B. Mills appeared in behalf of the appl-icant.
Attorney Donald H. Rhodes appeared in favor.
Mrs. Agnes Shrum appeared in opposition.
Upon motion by Councilwoman Oberndorf, seconded by Councilman Ervin, City
Council voted to uphold the recommendation of the Planning Commission and
DENY the application of PAULA L. COLLINS for Changes of Zoning, as per the
following:
Ordinance upon application of Paula L. Collins
for a Change of Zoning District Classification
from B-2 Community-Business District to A-4
Apartmen t District on parcels located on the
North side of Bonney Road.
i
Parcel 1: Beginning at a point 600 feet West
of Kentucky Avenue, running a distance of 540
feet along the North side of Bonney Road,
running a distance of 474.1 feet along the
Western property line, rtmning a distance of
540 feet along the Northern property line and
running a distance of 466.6 feet along the
Eastern property line.
Parcel 2: Beginning at a point 120 feet East of
Boggs Avenue, rtmning a distance of 120 feet along
the North side of Bonney Road, running a distance
of 410 feet along tbe Eastern property line,
rtmning a distance of 120 feet along the Northern
property line and running a distance of 430 feet
imre or less along the Western property line.
Said parcels contain 5.4 acres. KE14PSVILLE BOROUGH.
Voting: 8-2
Council Members Voting Aye: (for denial):
John A. Baum, E. T. Bucbanan, F. Reid Ervin, Vice Mayor Harold
Heischober, Barbara M. Henley, W. H. Kitchin, III, Mayor J.
Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf
C6uncil Members Voting Nay:
Reba S. McClanan, and Patrick L. Standing
Council Members Absent:
Clarence A. Holland, M.D.
- 50 -
ITEM II-G.2.d ITEM #16943
Alan R. Blatecky, Director, Telecommunications Systems Operations, appeared
in behalf of his application.
Upon motion by Councilwoman Oberndorf, seconded by Councilman Ervin, City
Council voted to uphold the recommendation of the Planning Commission and
APPROVE the application of CENTER FOR EXCELLENCE, INC., for a Conditional
Use Permit, subject to the recommended conditions transmitted in the City
Manager's letter, as follows:
ORDINANCE LLPON APPLICATION OF CENTER FOR R0781407
EXCELLENCE, INC., FOR A CONDITIONAL USE
PERMIT FOR A TELECOMMUNICATION TOWER AND
EQUIPMENT BUILDING
BE IT ORDAINED BY THE COUNCIL OF TIE CITY OF VIRGINIA
BEACH, VIRGINIA:
Ordinance upon application of Center for Excellence, Inc.,
for a Conditional Use Permit for a telecomtmication tower
and equipment building on certain property located on the
North side of Providence Road beginning at a point 200 feet
more or less West of Reon Drive, running a distance of
787.18 feet along the North side of Providence Road, running
a distance of 1212.52 feet along the Western property line,
running a distance of 297.02 feet in a Northeasterly
direction, running a distance of 69.65 feet in a Northerly
direction, running a distance of 86.18 feet in a Southeasterly
direction, running a distance of 219.42 feet in a Southerly
direction, running a distance of 64.38 feet in an Easterly
direction, running a distance of 356.27 feet in a Southeasterly
direction, running a distance of 117.38 feet in an Easterly
direction and running a distance of 927.31 feet along the
Eastern property line. Said parcel contains 22.04 acres.
KENPSVILLE BOROUGH.
Approval is subject to the following provisions in conjunction
with the intended use of the land:
1. Standard improvements as required by the Site Plan Ordinance.
2. Compliance with Article 2, Section 235 of the Comprehensive
Zoning Ordinance pertaining to Television or other Broadcasting
Stations and Line-of-Sight Relay Devices.
3. Approval of the proposed structure by the Federal Aviation
Administration.
This Ordinance shall become effective from date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia,
on the Thirteenth day of July, 1981.
Voting: 10-0
Council Members Voting Aye:
John A. Baun6 E. T. Buchanan, F. Reid Ervin, Vice Mayor Harold
Heischober, Barbara M. Henley, 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:
lione
Council Members Absent:
Clarence A. Holland, M.D.
- 5 2-
ITEM II-G.2.e ITEM #16944
Upon motion -by Councilman Baum, seconded by Councilwoman Henley, City Council
voted to uphold the recommendation of the Planning Commission and APPROVE the
application of J. Stuart Tves, Jr., for a Conditional Use Permit, subject to
the recommended conditions transmitted in the City Manager's letter, as
f ol lows:
ORDINANCE UPON APPLICATION OF J. STUART IVES, R0781408
JR., FOR A CONDITIONAL USE PERMIT FOR A MOBILE
HOME FOR FARM LABORER
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
Ordinance upon application of J. Stuart Ives, Jr., for a
Conditional Use Permit for a mobile home for farm laborer
on certain property located on the East and West sides of
Blackwater Road.
Parcel 1: Located on the East side of Blackwater Road
beginning at a point 560 feet more or less North of Ives
Road, running a distance of 1500 feet more or less along
the East side of Blackwater Road, running a distance of
1800 feet more or less along the Northern property line,
running a distance of 3800 feet more or less along the
Eastern property line, running a distance of 400 feet in a
Westerly direction, running a distance of 470 feet in a
Northerly direction, running a distance of 260 feet in a
Westerly direction, running a distance of 380 feet more or
less in a Northerly direction and running a distance of
1530 feet in a Westerly direction.
Parcel 2: Located on the West side of Blackwater Road
beginning at a point 380 feet more or less North of Ives
Road, running a distance of 1670 feet more or less along
the West side of Blackwater Road, rtmning a distance of
540 feet in a Southerly direction, running a distance of
3100 feet in a Westerly direction, running a distance of
450 feet in a Southerly direction, running a distance of
400 feet more or less in a Northeasterly direction, runn-
ing a distance of 350 feet more or less in an Easterly
direction, running a distance of 180 feet in a Southeasterly
direction, running a distance of 100 feet in a Southerly
direction, rimning a distance of 100 feet in an Easterly
direction, rmning a distance of 200 feet more or less in
a Northeasterly direction, running a distance of 300 feet
in a Northerly direction, running a distance of 410 feet
more or less in a Northeasterly direction, running a dis-
tance of 100 feet in a Southerly direction, rtmning a
distance of 250 feet more or less in a Southeasterly di-
rection, running a distance of 650 feet more or less in
a Northeasterly direction, running a distance of 320 feet
more or less in a Southeasterly direction, running a di-
stance of 250 feet in a Southerly direction and running
a distance of 500 feet in an Easterly direction.
Said parcels contain 542 acres. BLACKWATER BOROUGH.
5 3-
Approval is subject to the following provision in
conjtmetion with the intend6d use of the land:
1. Septic system subject to soil evaluation.
2. Compliance with Article 2, Section 232 of
the Comprehensive Zoning Ordinance pertaining
to Mobile Homes
This Ordinance shall be effective from date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia,
on the Thirteenth day of July, 1981.
Voting: 10-0
Council Members Voting Aye:
Jobn A. Baun6 E. T. Buchanan, F. Reid Ervin, Vice Mayor Harold
Heischober, Barbara M. @nley, W. H. Kitchin, III, Reba S.
McClanani Mayor J. Henry McCoy, Jr., D.D.S., Meyera E. Oberndorf,
and Patrick L. Standing
Council Members Voting Nay:
None
Council Members@ Absent-
Clarence A. Hoiland, M.'D.
- 54-
ITEM II-G.2.f ITEM #16945
Mr. Montague Steinhart appeared in behalf of his application.
Upon motion by Councilman Kitchin, seconded by Councilman Baum, City Council
voted to uphold the recommendation of the Planning Commission and APPROVE the
application of MONTAGUE STEINHART for a Conditional Use Permit, subject to
the recommended conditions transmitted in the City Manager's letter, as
follows:
ORDINANCE UPON APPLICATION OF MONTAGUE R0781409
STEINHART FOR A CONDITIONAL USE PERMIT
FOR A DUPLEX
BE IT ORDAINED BY THE COUNCIL OF TBE CITY OF VIRGINIA
BEACH, VTRGINIA:
Ordinance upon application of Montague Steinhart for a
Conditional Use Permit for a duplex on certain property
located on the West side of Arctic Circle beginning at a
point 174.27 feet South of 15th Street, running a distance
of 75 feet along the West side of Arctic Circle, running a
distance of 108 feet along the Southern property line,
rtmning a distance of 96 feet more or less along the Western
property line and running a distance of 97 feet along the
Northern property line. Said parcel contains .14 acre.
VIRGINIA BEACH BOROUGH.
Approval is subject to the following provisiors in con-
junction with the intended use of the land:
1. Standard improvements as required by the Site Plan Ordinance.
2. City water and sewer.
3. No dredging, filling, bulkheading, or other waterfront
related activity will be allowed without the proper
permits from the appropriate local, State and Federal
Agencies.
This Ordinance shall be effective from date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia,
on the Thirteenth day of July, 1981.
55-
Voting 10 -0
Council Members Voting Aye:
John A. Bam% E. T. Buchanan, P. Reid Ervin, Vice Mayor Harold
Heischober, @arbara M. Henley, 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 @ay:
None
Council Members Absent:
Clarence A. Holland, M.D.
- 5 6-
ITEM II-G.2.g ITEM #16946
Attorney Donald H. Rhodes represeiiting Russell Brown, appeared regarding
this Ordinance
Upon motion by Councilman Ervin, seconded by Councilman Standing, City
Council voted to DEFER UNTIL AUGUST 10, 1981 the Ordinance to amend the
Master Street and Highway Plan dated December 16, 1974 pertaining to
London Bridge Road.
Voting: 10-0
Council Members Voting Aye: (for deferral)
John A. Baum, E. T. Buchanan, F. Reid Ervin, Vice Mayor Rarold
Heischober, Barbara M. Henley, 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:
Clarence A. Holland, M.D.
5 7-
AN ORDINANCE TO AMEND THE
MASTER STREET AND HIGHWAY
DATED DECEMBER 16, 1974
PERTAINING TO LONDON BRIDGE ROAD
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA:
That the Master Street and Highway Plan dated December 16, 1974,
is hereby amended as follows:
Realign London Bridge Road at its intersection with
Oceana Boulevard as shown on the attached map.
DEFERRED: 13 July 1981
Adopted by the Council of the City of Virginia Beach, Virginia,
on the day of 1981
- 5 8-
ITEM II-C.2.h ITEM #16947
Upon motion by Councilman Standing, seconded by Councilman Baum, City
Council voted to uphold the recommendation of the Planning Commission
and ADOPT the Ordinance to amend and reordain the Master Street and
Highway Plan dated December 16, 1974 pertaining to scenid easements.
Voting: 10-0
Council Members Voting Aye:
John A. Ba@ E. T. Buchanan, F. Reid Ervin, Vice Mayor Harold
Heischober, Barbara M. Henley, 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:
Clarence A. Holland, M.D.
5 9-
AN ORDINANCE TO AMEND
THE MASTER STREET AND HIGHWAY PLAN
DATED DECEMBER 16, 1974
PERTAINING TO SCENIC EASEMENTS
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the Master Street and Highway Plan dated December 16, 1974, is
hereby amended as follows:
1. Change the designation on the following streets from "110'-E"
to "110"':
a. Great Neck Road from Shore Drive to Potters Road.
b. London Bridge Road from Potters Road to S. Adventure Trail.
c. Independence Boulevard from Shore Drive to Baxter Road.
d. Indian River Road from Chesapeake City Line to I-64.
2. Change the designation on the following streets from "110'-F"
to "1101-Ell:
a. London Bridge Road from S. Adventure Trail to Princess Anne Road.
b. Indepehdence Boulevard from Baxter Road to Chesapeake City Line.
c. Indian River Road from 1-64 to Kempsville Road.
3. Change the designation on the following streets from "110'-G'-
to "110'-E":
a. General Booth Boulevard from Rudee Inlet to Nimmo Church.
b. Ferrell Parkway from Kempsville Road to Tuna Lane.
4. Change the designation from '190'-G" to "90"' on Princess Anne
Road from Nimmo Church to Indian River Road.
5. Change the legend notation to read as follows:
"E. Major arterial controlled access with one hundred
ten foot right-of-way and scenic easements as specified
in the City of Virginia Beach Standards and Specifica-
tions."
Adopted by the Council Qf the City of Virginia Beach, Virgini.a, on the
13 day of uly 1981.
"PitOVW AS To Co@
A
3/ 81
-60- !EET@ p
CAT. No
3.12 PROPOSED ADDITION TO THE CITY OF VIRGINIA BEACH ENGINEERING STANDARDS
"Where the Master Street and Hi "way P calls for scenic ease-
ments to be provided along major rterl:? " one of the following
shall be provided:
I ot scehic easernent with no improvemehts in-
'fty 0
- @ f'
stalTed:fo r
2. A twenty-foot scenic easement with landscapinq improvements
according to Standard A or-its equiva ent as determined PI
the City, or
3. A ten-foot scenic easement with landscapinq imorovemehts
according to Standard B or its equivalent as determined
by the L;lty.
Standard A:
Large Trees of Grou d at si xty-foot intervals, or
of Gr, P'ante at f Tals, or
Medium Trees up 2 planted orty-five-foot inter
Sma rees of Group 3 planted at thlrty-foot intervais..
Standard B:
L:;?:mTTre ooffggrouuppl planted a:tforly five-foot intervals, or
M r::s ro 2 ptan ted th riy-toot intervais, or
ma rees of Group 3 planted at titteen-toot intervaif-
7/ 1 3/ 8-1
GROUP I
Acer saccharum Sugar l@le
Acer saccharum'col@e Colurnare Sugar Maple
pla=m occidentalis can Sy@e
pla acerfolia Lcndon Plane Ti-ee
lanceolata Green Ash
Fr lanceolata '1/2rsbal's -'-eedless" Green Ash "Yarsbal's ceeclless"
-nigra
Quercus Plater Oak
@cus phellos VMIlow C)ak
Quercus velutina Bladr Oak
Quercus uncrocarpa Bur Oak (f@s noist soil)
ceii-i c ocr-i6entalis Ead6err-y
Zelkova serrata Japanese Zelkova
Ze@ serrata "Vialage Gr@' "Villape C.'reee@ 7p-@
Pinus carilaea Slash Pine .
Pinus taeda @lolly Pine
Ce@ atlantlr-a Atlas Cedar
Cedrus deodara Deodara Cedar
Celtus occidentalis Hackberry
'Fagus grandifolia can Beech
Liri @pifera 7UIip Poplar
Yagnolia grandiflara Soutbe= -@gno@
@cus nmtana Chestnut oak
Quercus accutissina Saw Tooth Oak
GROUP 2
Acer @nn "Or-tober Gi@ "()ctcber Gl=V' Ped YaDle
Acer col@e C01@e ReA MVIE
Gleditcia tricantbos ine=ois.
Shademaster Sha@ter -inronless 'p-oney Locust
Tillia cordata Iittle 7@af Jinden
Till3.a cordata greenspire Greenspire Linden
Pyrus callery@ Callery Pear
Pyrus calleryam "Bradford" "Brad:Cord'- Pear
Ginko biloba (Male V@ety)
Nyssa s ca Sour OLn
gl-yptostroboi @s Dawn P
GROUP 3-
Corr= fl=ida Dc)Wmd (white)
C@ florida rubrua
Crataeg- pha-Wyr- w@s- (Pink)
Yzlus floribunda JaDanese Yi @ab
Prunus serrulata Ywanzan
Kw@ Cherry
Quercus robur fastig3.ata PYr@dal @h C)ak
Yoel-reuteri.a pa'm@culata Golden Rain
lagerstr@ indica Crape
, le
kousa Korean Dogwood
COMUS TM-C Ch@ Bark I)D@
Chionantbus virginicus l@te Fringe Tree
7/ 13/ 81.
6 2-
ITEM II-G.2.i ITEM #16948
TJpon motion by Councilman Ervin, seconded by Councilman Standing, City
Council voted to upbold the recommendation of the Planning Commission
and ADOPT the Ordinances as follows:
Ordinance to amend and reordain Article 5, Section 582
of the Comprehensive Zoning Ordinance regarding rear yard
setbacks for accessory structures in the R-9 Residential
Townhouse District
Ordinance to amend and reordain Article 6, Section 602
of the Comprehensive Zoning Ordinance regarding rear yard
setbacks for accessory structures in the A-1 Apartment
Dis tr ict
Voting,. 10-0
Council Members Voting Aye:
John A. Baum, E. T. Buchanan, F. Reid Ervin, Vice Mayor Harold
Heischober, Barbara M. Henley, 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:
Clarence A. Holland, M.D.
-6 3-
AN ORDINANCE TO AMEND AND REORDAIN
ARTICLE 5, SECTION 582
OF THE COMPREHENSIVE ZONING ORDINANCE
REGARDING REAR YARD SETBACKS
FOR ACCESSORY STRUCTURES
IN THE R-9 RESIDENTIAL TOWNHOUSE F)ISTRICT
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That Article 5, Section 582, Minimum Lot Area, Lot Width, Yard Spacing,
and Maximum Lot Coverage and Height Regulations, of the C.Z.O. is amended
and reordained as follows:
(c) For uses other than dwelling units permitted in the R-9 Residential
Townhouse District, front, side and rear yard requirements shall
be the same as specified for the R-8 Residential District.
For townhouse development, the following shall constitute the
yard requirements:
(3) Minimum rear yard setbacks shall be twenty (20) feet for
each dwelling unit, however, the minimum rear yard set-
back for accessory structures of one hundred square feet
floor area or less shall be tes-@194 five (5) feet.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
13 day of July 1981.
APPROVED AS TO CONTENT
DEP
APID
SIGOAbk
ORNEY
7/ 1 3/ 8 1
- 6 4-
AN ORDINANCE TO AMEND AND REORDAIN
ARTICLE 6, SECTION 602
OF THE COMPREHENSIVE ZONING ORDINANCE
REGARDING REAR YARD SETBACKS
FOR ACCESSORY STRUCTURES
IN THE A-1 APARTMENT DISTRICT
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That Article 6, Section 602, Minimum Lot Area, Lot Width, Yard Spacing,
Recreation Space, and Maximum Density, Height, and Lot Coverage Regulations,
of the C.Z.O. is amended and reordained as follows:
(d) The minimum lot area for attached dwellings shall not be
less than 1,400 square feet and the minimum lot width shall
be fourteen (14) feet for interior and thirty (30) feet for
end lots; however, the average lot size for all lots developed
within a contigious parcel containing attached dwellings shall
average 2500 square feet per lot. The minimum front yard for
attacheddvllings shall be ten (10) feet from the front lot line
for all lots fronting on minor strleets and twenty (20) feet from
the front lot line for all lots fronting on major streets. The
minimum side yard setbacks shall be ten (10) feet for the lots at
each end of each building group. The minimum rear yard setbacks
shall be twenty (20) feet.for each attached dwelling unit, however,
the minimum rear yard setback for accessory structures of one
hundred (100) square feet floor area or less shall be tem-@194
five (5) feet. The maximum number of attached dwellings that
may be constructed in any one group, without the required side
yard setbacks is nine (9).
Adopted by the Council of the City of Virginia Beach,. Virginia, on the
1 3 day of July 1981.
APPRO TO CO
q
SIGNA&KE
ie
DEPARTIfE
Ar,r,,ZCVED AS.
SIG@AT@
CIT
7/ 1 3/ 81
6 5-
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 #16949
Mr. Mac Rawles appeared regarding this Ordinance
Upon motion by Councilman Baum, seconded by Councilman Kitchin, City Council
voted to uphold the recommendation of tbe City Manager and ADOPT ON FIRST
READING the Ordinance to accept a Grant totaling $125,000 from the Commonwealth
of Virginia for the Museum of Marine Sciences and to appropriate these funds.
Voting: 9-1
Council Members Voting Aye:
Jobn A. Baum, E. T. Buchanan, F. Reid Ervin, Vice Mayor Harold
Heischober, Barbara M. Henley, W. H. Kitchin, III, Mayor J.
Henry McCoy, Jr., D.D.S., Meyera E. Oberndorf, and Patrick L.
Standing
Council Members Voting Nay:
Reba S. McClanan
Council Members Absent:
Clarence A. Holland, M.D.
6 6 -
AN ORDINANCE TO ACCEPT A GRANT
TOTALING $125,000 FROM THE COMMONWFALTH
OF VIRGINIA FOR THE MUSEUM OF MARINE
SC'IENCES AND TO APPROIYRIATE 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 @eum 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 Fu-ad for the FY 82 operating expenses of
the Marine Science Museum including the establishment of four full
time positions with the employee classification to be determined by
the City Manager.
BE IT FMTHER ORDAINED that estimated revenues from the Co-nwealth
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 Cit@ of Virginia Beach, Virginia on
the day of 1981.
First Reading: 13 July 1981
Second Reading:
'-P;)i'ZOVED AS TO CO@ITZ,'.)
SIGNATM
DEPARTMENT
A D AS 0 IOR
CITY AT-@C)RPiEY
6 7-
ITEM II-E.l.b ITEM #16950
Upon motion by Councilman Ervin, seconded by Mayor McCoy, City Council
voted to DEFER UNTIL AUGUST 3, 1981 the Ordinance on first reading 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.
Voting: 10-0
Council Members Voting Aye: (for deferral)
John A. Baum, E. T. Buchanan, F. Reid Ervin, Vice Mayor Harold
Heischober, Barbara M. Henley, 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:
Clarence A. Holland, M.D.
-68-
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 Coffmunity
Corrections Incentive Program which makes funds available to jurisdictions
within the Comonwealth for the purposes of diverting qualified non-violent
offenders from the state penitentiaries for the purpose of rehabilitating
these offenders and allowing 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 the Community Diversion Incentive Act.
2. That the Board shall be composed of at lea@t five (5) members:
two (2) members appointed by the Chief Judge of the Circuit Court; two (2)
members appointed by the Mayor; and one (1) member appointed 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 from the membership. Vacancies on the Board shall be filled by the
appointing authority within sixty (60) days of such vacancies.
3. That it shall be the duties of the Board 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, fomalize program policies and procedures., oversee administration
of the program and provide to the referring ci@rcuit court judge the findings
and recommendations of the Board made on any individuals pursuant to Subsection 6,
Community Diversion Incentive Act of 1980, and determine rational behavior
contacts to be developed between the offenders for participation in the
Community Diversion Incentive Program.
7/ 1 3/ 81
6 9-
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 h6reby authorized to accept the grant for
the City and funds are hereby appropriated for the following purposes:
Estimated Revenue Local Total
Community Diversion Incentive Program from Other Agencies Match Appropriations
$125,948.00 $0.00 $125,948.00
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 einployees to be determined by the City Manager.
FIRST READING:
SECOND READING:
Adopted by the Council of the City of Virginia Beach on the day
of 1981.
DEFERRED: 13 July 1981
APPROVED AS TO COTZTCNT
SIGNATup.i
DEPARTM
c, .lt4 L-Y
- 70 -
ITEM II-H.l.c ITEM #16951
Upon motion by Vice Mayor Heischober, seconded by Councilman Standing,
City Council voted to uphold the recommendation of the City Manager and
ADOPT the Ordinance authorizing certain events conducted on City property
to be exempt from the prohibition from working or transacting business on
Sunday.
Voting: 9-1
Council Members Voting Aye:
John A. Ba@ E. T. Buchanan, F. Reid Ervin, Vice Mayor Harold Heischober,
Barbara M. Henley, W. H. Kitchin, IlI, Reba S. McClanan, Mayor J. Henry
McCoy, Jr., and Patrick L@ Standing
Council Members Voting Nay:
Meyera E. Oberndorf
Council Members Absent:
Clarence A. Holland, M.D.
7 1 -
AN ORDINANCE AUTHORIZING CERTAIN
EVENTS CONDUCTED ON CITY PROPERTY
TO BE EXEMPT FROM THE PROHIBITION
FROM WORKING OR TRANSACTING BUSINESS
ON SUNDAY
WHEREAS, Section 18.2, Code Of Virginia (1950) as
amended, requires the city Council of the City of Virginia Beach
to designate on a case-by-case basis the events which are exempt
from working or transacting business on Sundays; and
WHEREAS, the following City property has been
designated by the Council of the City of Virginia Beach for the
following dates, as the site for the following events:
.Date City Property Event
January 17 Pavilion Antique Flea Market
January 31 Pavilion Tidewater CustOm Car
Van Show
February 7 Pavilion Sports & Camping Show
February 21 28 Pavilion Mid-Atlantic Boat Show
March 14 Pavilion Cruise International
Travel Show
March 28 Pavilion Sales & Marketing
Executive Home & Energy
Show
May 30 Pavilion Flea Market
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That the above-mentioned events are exempt from the
prohibition of working or transacting business on Sunday as
Provided by general law. That the City Clerk is directed to
forward a certified copy of this Ordinance to the Commonwealth
Attorney.
ADOPTED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA, on the 13 day of July 1981.
ER/da
7/7/81
,(B)
EY
7 2-
C I T Y C 0 D E A M E N D M E N T S
ITEM II-H.2.a ITEM #16952
Upon motion by Councilman Ervin, seconded by Councilman Buchanan, City
Council voted to DEFER UNTIL AUGUST 17, 1981 the Ordinance to amend
and reordain Chapter 20, Mosquito Control, of the Code of the City of
Virginia Beach, Virginia, consolidating Mosquito Control Districts under
a single Commission which shall function under tbe Department of Public
Works.
The Ordinance was deferred to permit the City Attorney to meet with the
Commissioners to advise them how they will be affected by State Law.
Voting: 10-0
Council Members Voting Aye: (for deferral)
John A. Ba@ E. T. Buchanan, F. Reid Ervin, Vice Mayor Harold
Heischober, Barbara M. Henley, 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:
Clarence.A. Holland, M.D.
7 3-
AN ORDINANCE TO AMEND AND REORDAIN
CHAPTER 20, MOSQUITO CONTROL, OF
THE CODE OF THE CITY OF VIRGINIA
BEACII, VIRGINIA, CONSOLIDATING
MOSQUITO CONTROL DISTRICTS UNDER A
SINGLE COMMISSION WHICH SHALL FUNCTION
UNDER THE DEPARTMENT OF PUBLIC WORKS.
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA,
VIRGINIA:
That, pursuant to the authority contained in section
32.1-187, et seq, of the Code of Virginia (1950) as amended,
Chapter 20 of the Code.of the City of Virginia ]3each is hereby
amended and reordained as follows:
1. The Mosquito Control Districts provided for and
described in Chapter 20 of the Code of the City of.Virginia Beach
are hereby consolidated under a single commission which shall
function under the Department of Public Works. The Mosquito
Control Commissions in effect prior to the adoption of this
ordinance are hereby dissolved.
2. Section 20-4 is amended to read as follows;
Section 20-4. Control Commission.
Baeh The Mosquito Control Districts provided for in
this chapter shall be administered by a mosquito
control commission consisting of three (3) members, one
of whom shall be the state health commissioner or his
designee and two (2) of whom shall be appointed by the
City Council. The term of commission members, other
than the state health commissioner or his designee,
shall be for four (4) years each and such members shall
continue to serve after the expiration of this term
until their successors have been duly appointed and
qualified. vacancies shall be filled by the City
Council.
3. A new Section 20-5 is hereby added which reads as
follows:
7 4-
Section 20.5 Supervision by the Department of Public Works.
The Mosquito Control Commission provided for in this
chapter shall function under the Department of Public Works.
This ordinance shall be effective from the date of its
adoption.
Adopted by the Council of the City of Virginia Beach,
Virginia on day of 19-.
DEFERRED: 13 July 1981
GLF/re
7/8/81
(B)
-2-
7 5-
Requested by: City Manager
The Regular Meeting of the Council of the City of Virginia
Beach, Virginia, was held in the Council Chambers of the Administration
Building of the City,of Virginia Beach on the _ day of
1981.
On motion by seconded by
the following Resolution was adopted.
R E S 0 L U T I 0 N
WHEREAS, the Council of the City of Virginia Beach has passed
an Ordinance consolidating Mosquito Control Districts under a single
Commiss ion which shall funct ion under the De par t men t of Pub l ic Works ; and,
WHEREAS, Section 32.1-187, et seq, of the Code of Virginia
(1950) as amended requires the Commission to be administered by three (3)
Commission Members, one (1) of whom shall be the State Health Commissioner
or his designee and two (2) of whom shall be appointed by City Council; and,
WHEREAS, as a result of the said consolidation it is now necessary
for Council to make appointment of members to the consolidated Mosquito
Control Commission.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
The following persons are appointed as members of the Mosquito
Control Commission:
George L. Hanbury
C. Oral Lambert, Jr.,
Adopted by the Council of the City of Virginia Beach, Virginia,
on the day of 1981.
7/ 1 3/ 81
7 6 -
ITEM II-H.2.b ITEM #16953
Upon motion by Vice Mayor Heischober, seconded by Councilwoman Oberndorf,
City Council voted to uphold the recommendation of the City Manager and
ADOPT the Ordinance to amend and reordain Section 33-66 of the Code of
the City of Virginia Beach, Virgin'ia, pertaining to the sale of goods
by peddlers.
Voting: 9-1
Council Members Voting Aye:
John A. Baum, E. T. Buchanan, F. Reid Ervin, Vice Mayor Harold
Heischober, Barbara M. Henley, W. H. Kitchin, III, Mayor J.
Henry McCoy, Jr., D.D.S., Meyera E. Oberndorf, Patrick L.
Standing
Council Members Voting Nay:
Reba S. McClanan
Council Members Absent:
Clarence A. Holland, M.D.
7 7-
AN ORDINANCE TO AMEND AND REORDAIN
SECTION 33-6 OF THE CODE OF THE
CITY OF VIRGINIA BEACH, VIRGINIA,
PERTAINING TO THE SALE OF GOODS
BY PEDDLERS
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA:
That Section 33-6, Street vendors, of the Code of the City of
Virginia Beach, Virginia, is hereby repealed and that Section 33-6 is
hereby reordained to read as follows:
Section 33-6. Sales conducted on or adjacent to the public riqht-
Ot-way.
For purposes of this section onlv, "sale or exchange- sha.1.1
be defined as the advertisinq, dis ying, offerinq or exchanqin
for value of the below-mentioned items.
The sale or exchange of any item, including, but not limited
to, any and all goods, wares, flowers, Drepared or un repared
food or any other product bv any person from any temporary
structure including but not limited to any table or stand, or
from any motor vehicle, trailer, cart, dray, wa2on, pushcart or
any hand or peddle-propelled vehicle shall be subject to the
following regulations:
(a) Sales conducted in the public ri
(1) No such sale or exchanqe shall be made in any
street or public right-of-wav along any street for which the
posted speed limit is greater than twentv-five (25) miles per
hour, nor shall such sale or exchange be -ade in anv street or
public right of way within twenty-five feet (251)
intersection.
(2) No person conducting such sale or exchan an
street or public right-of-way may remain within any one block
7
area for more that fifteen (1 ) minutes before movina another
block. Additionally, such sale or exchange may not be repeated
in the same block within anv i2ht (8) hour period. A block.
7 9-
the control of such person, and provisions for well-defined
vehicular entrances ahd exits. Such plat or site plan shall be
accompanied by a nonrefundable fee of twenty-five dollars
($25.00) for processing. After review and approval of such plat
or site plan by the department of permits and inspections,
application shall be made to the city manager or his designee for
a permit to engage in the activities covered by this section, in
accordance with this section and the approved plat or site plan.
Such application shall state the name, address and telephone
number of the person or persons conducting the activity, the days
and hours of operation, and shall include evidence of the
property owner's permission to so use the property, as required
above, as well as a copy of the approved plat or site plan. A
copy of the permit issued by the city manager or his designee as
well as a copy of the approved plat or site plan and the written
permission of the property owner shall be kept at the site of the
activity. Such permit must beiobtained before a business license
for such activity may be issued, and shall be renewed annually
prior to the renewal of any business license.
(5) The requirements of subsection (b) hereof shall
not apply to outdoor sales and exchanges which occut as
an incidental part of the retail sales activity of a merchant
regularly conducting business from a permanent building where
such sales are conducted on the premises of the building and in
close proximity to said building; nor shall they apply to the
otherwise lawful sale of market produce and related items from
the site on which they are grown; nor to garage sales in
residential areas.
(6) Nothing herein shall exempt any person conducting
a sale or exchange of the type described herein from the
requirements of the 6omprehensive zoning ordinance or any other
applicable provision of the law.
-3-
7 8-
shall be understood to mean a section of a street between its
intersection with two (2) adjoininq streets, or a section of
street five hundred feet (500') in lenqth, whichever is shorter.
(3) The provisions of subsection (a) hereof shall not
apply to such sales or exchanges conducted on the premises of the
Virginia Beach Farmers Market.
(b) Sales conducted on e property adjacent to the
public ight
Persons conducting a sale or exchanqe of the tvpe
described in this section on private ldroperty, and persons
allowing their private.property to be used for such sales or
exchanges, shall be subject to the following requlations:
(1) No sale or exchange shall take place or be
conducted, and no structure used for such sale or exchanqe shall
be located, within fifty feet (501) of the closest edge of the
nearest sidewalk pavement, or street pavement if there is no
sidewalk, of anv Public riqht-of-way.
(2) The person conducting the sale or exchanqe shall
have obtained written permission to conduct such activity from
the owner of the -1-2erty involved, and shall have also obtained
from such owner exclusive control over any area of t
within the allowed area, sufficient to ensure that there is
adequate space for the safe circulation of traff ic, such area
shall not be less than eiqht hundred (800 square feet. The
person conducting the sale or exchange shall not allow any other
activity to be conducted within this minimal eight hundred (800)
square foot area.
(3) Such sales or exchanges shall not be conducted on
or from vacant lots.
(4) Before any person may conduct such sale or
exchange, such person must have provided to and have had approved
by the department of T)ermits and inspections a plat or s
identifying the location of-th6 property on which the activity is
to be conducted and showinq:-Ie 16cation of the structure from
which the sale or exchanqe a ivif@@.will. occur, the ar-@ under
-2-
- 80 -
(c) Compliance.
Every person who obtains a permit under the
requirements of this section shall keep the permit, approved plat
or site plan and written permission of the property owner in a
convenient place and whenever requested to do so, shall exhibit
the same to any police officer, agent of the commissioner of
revenue or inspector for the department of permits and
inspections. Violation of any of the requirements of this
section shall constitute a Class 1 misdemeanor.
This Ordinance shall be effective thirty (30) days
after the date of its adoption.
Adopted by the Council of the City of Virginia Beach,
Virginia, on 13 July 1981
r,,.T
RJN/da
7/7/81
(B-1981)
-4-
A P P 0 I N T M E N T S
ITEM II-1.1 ITEM #16954
Upon motion by Councilman Ervin, seconded by Councilman Kitchin, City Council
voted to APPOINT Michael B. Newbill to the HISTORICAL REVIEW BOARD to fill
the unexp.ired term of Admiral Bottel - term ending October, 1981.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, E. T. Buchanan, F. Reid Ervin, Vice Mayor Harold
Heischober, Barbara M. Henley, 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:
Clarence A. Holland, M.D..
- 82-
ITEM II-I.2 ITEM #16955
Upon motion by Councilman Kitchin, seconded by Councilman Ervin, City Council
voted to APPOINT Mrs. Em Davis to the ARTS AND HUMANITIES COMMISSION to fill
the unexpired term of Mr. Balderson - term ending June 30, 1982.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, E. T. Buchanan, F. Reid Ervin, Vice Mayor Rarold
Heischober, Barbara M. Henley, 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:
Clarence A. Holland, M.D.
*COUNCILWOMAN OBERNDORP VOICED A VERBAL "AYE".
8 3-
U N F I N I S H E D B U S I N E S S
ITEM II-J.1 ITEM #16956
Upon motion by Councilman Baum, seconded by Councilman Standing, City Council
voted to EXPEDITE the application of BLACKWATER BAPTIST CHURCH for a
Conditional Use Permit for expansion of the church. This matter is to be
simultaneously advertised for hearing before the Planning Commission
August 11, 1981, and before City Council August 17, 1981.
Voting: 10-0
Council Members Voting Aye:
John A. Baun6 E. T. Buchanan, F. Reid Ervi@ Vice Mayor Harold
Heischober, Barbara M. Henley, 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:
Clarence A. Holland, M.D.
8 4-
ITEM II-J.2 ITEM #16957
Mayor McCoy advised the City Manager of tbe many telephone calls received
by Council from citizens complaining about the once-a-week trash pickup.
The City Manager advised Council he was aware of the telephone calls and
stated this was a very difficult time to initiate once-a-week trash pickup;
however, in order to begin saving the funds necessary in the Budget it was
essential the City begin the program at the beginning of the fiscal year,
July 1. If the City was to reinstitute twice-a-week trash collection
for the remainder of the summer, the cost to the City would be approximately
$700,000.
The City Manager further advised he could not recommend "going back" to
twice-a-week trash collection.
ITEM II-J.3 ITEM #16958
Councilwoman Oberndorf advised Council of telephone calls received from
concerned parents regarding the City providing more crossing-guards for
the expansion by the School Board of their walking zones, over which City
Council has no control, and asked if the City had denied the School
Board their request for additional crossing-guards?
The City Manager advised Council he has not received any requests on
the matter, and during the budget hearings all school guard positions
were approved this fiscal year.
N E W B U S I N E S S
ITEM II-K.1 ITEM #16959
Mayor McCoy advised Council of the request of E. Kenneth Day, to
appear before Council to request a rehearing of his application
Middle Plantation; and, further advised he was scheduled to appear
on August 3, 1981.
8 5-
A D J 0 U R N M E N T
ITEM II-L.1 ITEM #16960
Upon motion by Councilman Ervin, City Council adjourned at 5:05 p.m.
Diane M. Rickman, Deputy City Cl r@k
Ruth Hodges SMith, City Clerk Mayor Hen y,"' @D D.S.
Approved by City Council
City of Virginia Beach, August 10, 1981
Virginia
13 J.uly 1981
dmh/asd