HomeMy WebLinkAboutMAY 18, 1981 MINUTES
"WORLD'S LARGEST RESORT CITY"
CtTY COUNCIL
MAYO)t 1. HENRY 4,COY /m., D.O.S., a-lb
VICE-IAAYOR HAROLD HEISCHOBEjt. Al L-,.
JOHN A. SAUN.
P. REID ERVIN. Al
BARBARA M. HENLEY. P..O. B-lb
CLARENCE A. HOLLAND. ALD.. By.,d. B-gb
W. U. KFTCHIN, ill, Vigi.. B-.b 5-gb
RESA S. M.CLANAN, P,@--. A- "-,k
DONALD W. MORR$CK. Ly-b- B.-,k
MEYERA E. OBERMOORF. As L.,,. 212 CrrY HALL BUILDING
PArRICK L. STANDING. Al L". OUNICIPAL CEATER
VIRGINIA BIACH. VIRGINIA 23456
RUTH HODGES SMIT)I. City Cl.,k (804) 4Z7-4303
CITY COUNCIL AGENDA
May 18, 1981
ITEM I INFORMAL SESSION 12:30 p.m.
A. CALL TO ORDER - MAYOR J. HENRY MCCOY, JR., D.D.S.
B. ROLL CALL OF COUNCIL
C. MOTION TO RECESS INTO INFORMAL/EXECUTIVE SESSION
D. PRESENTATION/DISCUSSION OF PERTINENT MATTERS
1. Matters for discussion by Mayor.
2. Matters for discussion by Council.
3. Request for SimultaneouS Advertising of Zoning Change for
Frank Butler
4. Status of Wells
ITEM II FORMAL SESSION 2:00 p.m.
A. INVOCATION: M. Dou4las Lyell
Pastor
Church of Christ Virginia Beach
B. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
C. ELECTRONIC ROLL CALL OF COUNCIL
ITEM II D. MINUTES OF PREVIOUS MEETING:
1. Motion to accept/approve the Minutes of May 11, 1981.
E. PROCLAMATIONS
1. Ruritan National Week
2. Public Works Week
P. PUBLIC HEARING
1. Election Districts
2. Ordinance to amend and reordain Chapter 13, Sections
13-1 and 13-2 of the Code of the City of Virginia
Beach and to prescribe election districts and voting
places within the City of Virginia Beach.
G. 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 accepting the resignation of Councilman
Donald W. Merrick.
2. ordinance to amend Section 33-47 of the Code of the City
of Virginia Beach, Virginia pertaining to definitions in
relation to the tax transients obtaining lodging and
hotels, etc.
3. Ordinance, on first reading, to accept a grant in the
amount of $13,000 from the bepartment of Corrections,
and to appropriate these funds.
4. Ordinance to authorize a temporary encroachment into a
portion of the right-of-way of Vanderbilt Avenue to
Luke Biernot.
5. Resolution certi,fying the arrangements for the improve-
ments of a section of Military Highway (Route 13) to the
east corporate limits of the City of Chesapeake for the
adjustment and/or relocation of certain utilities and
for the installation of any new facilities.
6. Ordinance to authorize the acquisition of property in
fee simple for Rudee H4ights PumpingStation, either by
agreement or by condeumation.
7. ordinance to authorize the acquisition of property in
fee simple for Lotus Garden Bridge replacement, either
by agreement or by condemnation.
ITEM II G. CONSENT AGENDA (Continued)
B. Resolution - Reserving land for Civic Leacjues or
Homeowners Association for a period of five (5)
years by Developers. DEFERRED FOR ONE WEEK ON
MAY 11, 1981. (City Manager recommends that
Council defer this matter until the agreement has
been finalized.
9. ordinance appointing viewers for the closure of
a portion of old Wolfsnare Road (Lynnhaven Borough).
10. Ordinance appointing viewers for the closure of
a portion of Gum Avenue (Kempsville Borough).
11. Ordinance to amend and reordain Section 17-15 of the
Code of the City of Virginia Beach relating to litter
from motor vehicles.
12. Ordinance to create Section 23-32.2 of the Code of
the City of Virginia Beach pertaining to urination
in public.
13. Ordinance to amend and reordain Section 23-48 of the
Code of the City of Virginia Beach relating to sleep-
ing in automobiles.
14. Request of the City Treasurer for tax refunds in the
amount of $5,536.95.
H. PLANNING ITEMS
1. Application of Pleasure House Properties, Inc. for a
change of zoning from B-1 Business-Residen l@al District
to A-2 Apartment Distr7ict on a .20-acre parcel;
AND, a change of zoning from R-8 Residential District
to A-2 Apartment District on a .67-acre parcel. This
property is located on the south side of Lookout Road,
west of Pleasure House Road (Bayside Borough).
a. Letter from the City Manager transmits the
recommendation of the Planning Commission for
approval.
2. Application of Carrie L. Gardner for a change of zoning
from R-6 Residential District to B-2 Coinmun@Business
Dist l@ct on-a .2-acre parcel located on the east side
of Newtown Road, south of Connie Lane (Bayside Borough).
a. Letter from the City Manager transmits the
recornmendation of the Planning Commission for
denial.
Attorney for the applicant requests WITHDRAWAL.
3. Application of Taylor B. Carr for a change of zoning
from B-3 General Business District to I-1 Light Indus-
trial Di tr@ict on a 1.80-acre parcel 1 c@ated at the
southwest corner of Kellam Road and Columbus Street
(Bayside Borough).
a. Letter from the City Manager transmits the
recommendation of the Planning Commission for
approval.
ITEM II H. PLANNING ITEMS (Continued)
4. Application of William C. Clarke for a change of zoning
from A-1 Apartment District to B-4 Resort Commercial
Distri7ct on a .32-acre parcel iocated on the north side
of 23rd Street, west of Pacific Avenue (virginia Beach
Borough).
a. Letter from the City Manager-transmits the
reconmendation of the Planning Commission for
approval.
5. Application of the National Society of the Volunteers
of America, Virginia Beach Post, for a conditional use
permit for a group r@sidence for developmentally
disabled on a 2.347-acre parcel located on the west side
of Lawren6e Drive, south of Goodman Road (Bayside Borough).
a. Letter from the City Manager transmits the
recormnendation of the Planning Cormission for
approval.
6. Application of David B. Oglesby, Jr. for a conditional
use permit for a parking lot on a 15,000-square foot
parcel located on the east side of Atlantic Avenue, north
of 4th Street (Virginia Beach Borough).
a. Letter fr6m the City Manager transmits the
reconmendation of the Planning Cormission for
approval.
7. Application of Sea Pines Associates for a conditional use
permit for a temporary parking lot on a 1.31-acre parcel
located at the southwest corner of Atlantic Avenue and
34th Street (Virginia Beach Borough).
a. Letter from the City Manager transmits the
recommendation of the Planning Commission for
approval.
8. Application of Exxon Corporation for a conditional use
permit for an automobile service station on a .7196-acre
parcel located at the northeast corner of Indian River
Road and Strickland Boulevard (Kempsville Borough).
a. Letter from the City Manager transmits the
reconmendation of the Planning Commission for
approval.
9. Application of Antenna Rentals, a Virginia General Part-
nership, for a conditional use permit for a communications
tower and accessory facilities on a 15.7-acre parcel
located on the north side of Kempsville Road, west of
Centerville Turnpike (Kempsville Borough).
a. Letter from the City Manager transmits the
recormnendation of the Planning Commission for
approval.
ITEM ii H. PLANNING ITEMS (Continued)
10. Application of Mary Ruth Jones Scott for a variance
to section 4.4(d) of the @div7lsi-on ordinance
which requires that each lot created through sub-
division have direct access to a public street.
She wishes to subdivide an approximately 9.122-
acre site into two lots. This property is located
along Sajo Farrn Road, south of Shell Road.
a. Letter from the City Manager transmits the
recommendation of the Planning Conunission for
approval.
I. ORDINANCES
1. Ordinance to amend and reordain Article 8, Section
802 of the Comprehensive Zoning Ordinance pertaining
to lot width in the 0-1 District.
2. Ordinance to amend and reordain Section 37-33,
Chapter 37, (as amended by ordinance No. 1140) of
the Code of the City of Virginia Beach relating to
the water usage rates.
J. UNFINISHED BUSINESS
K. NEW BUSINESS
L. ADJOURNMENT
1. motion to adjourn
NO MEETING: May 25, 1981 - MEMORIAL DAY HOLIDAY
M I N U T E S
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
18 May 1981
The Regular Meeting of the Council of the City of Virginia Beach,
Virginia, was called to order by Mayor J. Henry McCoy, Jr., D.D.S.,
in the Conference Room, City Hall Building, on Monday, 18 May 1981,
at Twelve-Thirty in the afternoon.
Council Members Present:
Jobn A. Baum, F. Reid Ervin, Barbara M. Henley, Clarence A.
Holland, M.D., Reba S. McClanan, Mayor J. Henry McCoy, Jr.,
D.D.S., and Meyera E. Oberndorf
Council Members Absent:
Vice Mayor Harold Heischober, W. H. Kitchin, III*, Donald W.
Merrick, and Patrick L. Standing*
ITEM #16670
Mayor McCoy entertained a motion to permit Council to conduct its
INFORMAL SESSION to be followed by an EXECUTIVE SESSION for the
purpose of discussing the,follow.ing:
1. Discussion or consideration of employment, assignment,
appointment, promotion, demotion, salaries, discipline or
resigaation of public officers, appointees or employees of
any public body. (Persomel Matters).
2. Investing of public ftmds where competition or bargaining
are involved where, if made public initially, the financial
interest of the governing unit would be adversely affected.
(Financial Matters).
3. Consultation with legal Cotmsel an d briefing by staff
members, consultants, or attorneys pertaining to actual or
potential litigation, or other legal matters within the
jurisdiction of the public body. (Leggl Matters).
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Upon motion by Councilman Holland, seconded by Mayor McCoy, City
Council voted to recess into EXECUTIVE SESSION following the
INFORMAL SESSION.
Voting: 7-0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, Barbara M. Henley, Clarence A.
Holland, M.D., Reba S. McClanan, Mayor J. Henry McCoy, Jr.,
D.D.S., and Meyera E. Oberndorf
Councii Members Voting Nay:
None
Council Members Absent:
Vice Mayor Harold Heischober, W. H. Kitchin, III*, Donald W.
Merrick, and Patrick L. Standing*
*COUNCILMAN KITCHIN ENTERED MEETING AT 12:33 p.m.
*COUNCILMAN STANDING ENTERED MEETING AT 12:45 p.m.
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M A T T E R S B Y T H E M A Y 0 R
MOSQUITO CONTROL COMMISSION ITEM #16671
Mayor McCoy advised Council of a letter from Stuart McCausland, Chairman
of tbe Mosquito Control Commission, requesting a meeting witb Council to
discuss tbe proposed changes in mosquito control.
It was tbe consensus of Council to meet with the Commission during an
INFORMAL BRIEFING SESSION.
PRINTER/REVENUES ITEM #16672
Mayor McCoy made reference to a letter received from a Printer concerning
taxes he is required to pay the City.
M A T T E R S B Y C 0 U N C I L M E M B E R S
CORPS OF ENGINEERS ITEM #16673
Councilman Kitchin made reference to a letter received from the Corps
of Engineers regarding dredging operations in the Cape Henry Channel.
The dredge material will be deposited within the ocean disposal area
opposite Dam Neck, and will involve the removal of 600,000 cubic yards
of fine sand.
MINUTES ITEM #16674
Councilwoman Henley advised Council of a correction needed in the
Minutes of 11 May 1981, ITEM #16652, which should state as follows:
Councilman Standing made a motion, seconded by
Councilman Merrick, that there will be no filling
of NEW POSITIONS WITHOTJT APPROVAL OF THE CITY
COUNCIL, upon the conditions of the Reserve for
Contingencies, and no new services.
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CONSENT AGENDA 1TEM #16675
Councilman Baum requested the Ordinance to amend and reordain Section
17-15 of the City Code relating to litter from motor vehicles be "pulled"
from the Consent Agenda.
The City Manager advised Council he was going to "pull" that Ordinance
for further study, and the Resolution reserving land for Civic Leagues
or Homeowners Association.
Councilwoman Henley advised Council she had some questions concerning
the Ordinance to amend and reordain Section 23-48 of the City Code
relating to sleeping in automobiles.
The items to be removed from the Consent Agenda are:
8. Resolution - Reserving land for Civic Leagues or Homeowners
Association for a period of five (5) years by developers.
11. Ordinance to auend and reordain Section 17-15 of the Code
of the City of Virginia Beach relating to litter from
motor vehicles.
13. Ordinance to amend and reordain Section 23-48 of the Code of
the City of Virginia Beach relating to sleeping in automobiles.
I N F 0 R M A L A G E N D A
FRANK BUTLER/EXPEDITING ITEM #16676
The City Manager advised he received a request from Frank Butler to have
his application expedited due to an error in advertising. The application
is for a change of zoning from R-6 Residential District to A-2 Apartment
District.
This matter will be placed on the FORMAL AGENDA for further discussion
and vote.
STATUS OF WELLS ITEM #16677
Aubrey V. Watts, Jr., Director of Public Utilities, presented a status
report on the wells under construction, and advised that three wells,
two in Suffolk and one in Isle of Wight, have been completed. Testing
of the Suffolk well will begin this afternoon, (May 18, 1981).
A copy of the report will be made a part of these proceedings.
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ITEM #16678
The City Manager advised he may call a Special Meeting of Council
for the purpose of authorizing him to sign the water contract with,
the City of Norfolk.
City Council'recessed into EXECUTIVE SESSION (1:10 p.m.).
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F 0 R M A L S E S S I 0 N
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
18 May 1981
2:00 p.m.
Council Members Present:
John A. Baum, F. Reid Ervin, Barbara M. Henley, Clarence A.
Holland, M.D., W. H. Kitchin, III, Reba S. McClanan, Mayor
J. Henry McCoy, Jr., Meyera E. Oberndorf, and Patrick L.
Standing
Council Members Absent:
Vice Mayor Harold Heischober, and Donald W. Merrick
INVOCATION: M. Douglas Lyell
Pastor
Church of Christ Virginia Beach
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
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A P P 0 I N T M E N T
ITEM #16679
Upon motion by Councilman Standing, seconded by Councilman Baum,
City Council voted to APPOINT E. T. "JOE" BUCHANAN to fill the
unexpired term of Councilman Donald W. Merrick, beginning 1 June
1981, in the Lynnhaven Borough.
Voting: 9-0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, Barbara M. Henley, Clarence A.
Holland, M.D., W. H. Kitchin, III, Reba S. McClanan, Mayor
J. Henry McCoy, Jr., D.D.S., Meyera E. Oberndorf, and
Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
Vice Mayor Harolld Heischober, and Donald W. Merrick
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M I N U T E S
ITEM II-D.1 ITEM #16680
Upon motion by Councilwoman Henley, seconded by Councilwoman Oberndorf,
City Council voted to DEFER UNTIL THE MEETING OF JUNE 1, 1981, the
Minutes of the Regular Meeting of May 11, 1981.
Voting: 9-0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, Barbara M. Henley, Clarence A.
Holland, M.D., W. H. Kitchin, III, Reba S. McClanan, Mayor
J. Henry McCoy, Jr., D.D.S., Meyera E. Oberndorf, and
Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
Vice Mayor Harold Heitchober, and Donald W. Merrick
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P R 0 C L A M A T I 0 N
ITEM II-E.1 ITEM #16681
Mayor McCoy read the following Proclamation and presented same
to:
Wayne Whitfell, District Governor for Ruritan National
Bobby Vaughan, President, Creeds Ruritan Club
P R 0 C L A M A T I 0 N
WHEREASi Ruritan National was organized May 21, 1928,
in Holland, Virginia; and,
WHEREAS, Ruritans have made excellent contributions to
the understanding between rural and urban interests in their
various communities, and seek to continue as well as to expand
upon this relationship; and,
WHEREAS, the citizens of Virginia Beach recognize and
appreciate the tremendous endeavors of the five Ruritan Clubs in
the City of Virginia Beach for their public service, charitable
deeds and contributions, industry and over-all better community
understanding; and,
WHEREAS, Ruritan National comprises over 1300 clubs and
38,000 citizens of this great Country, all of whom foster ideals
of fellowship and goodwill; and,
WHEREAS, Their activities result in innumerable acts of
unsel f ish serv ice to those neighbors and others suf f er ing mis f or tune
and severe hardship.
NOW, THEREFORE, BE IT RESOLVED: That I, J. Henry McCoy,
Jr., Mayor of the City of Virginia Beach, PROCLAIM that May 17-23,
1981, be set aside in the City as:
RURITAN NATIONAL WEEK
to be observed by all Ruritan members and further urge
the citizens of Virginia Beach join in-the celebration of this 53rd
Anniversary of this praiseworthy community-oriented organization.
GIVEN under my band and seal this Eighteenth day of May,
Nineteen Hundred and Eighty-One.
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ITEM II-E.2 ITEM #16682
Mayor McCoy read tbe following Proclamation and presented same to
the following:
C. Oral Lambert, Director of Public Works
Robert Kellam, Civil Engineer
Milton Palmer, Solid Waste
Donna Miller, Highway Department
Junius Gregory, Traffic Engineering
P R 0 C L A M A T I 0 N
WHEREAS, public works services provided in our community
are an integral part of our citizens' everyday lives; and,
WHEREAS, the support of an understanding and informed
citizenry is vital to the efficient operation of the Public Works
Department and its Divisions of Engineer, Highways, Solid Waste and
Traffic Engineering; and,
WHEREAS, the health, safety and comfort of this community
greatly depends on these services; and,
WHEREAS, the quality and effectiveness of these services
is vitally dependent upon the efforts and skills of public works
employees; and,
WHEREAS, the efficiency and dedication of the personnel
who staff the Public Works Department is materially influenced by
the citizen's attitude and understanding of the importance of the
work they perform;
NOW, THEREFORE, I, J. Henry McCoy, Jr., D.D.S., Mayor of
the City of Virginia Beach, do hereby proclaim the week of May 18-22,
1981. as:
PUBLIC WORKS WEEK
in Virginia Beach and call upon all citizens and civic organizations
to acquaint themselves with the contributions which public works
employees make every day to our health, safety and comfort.
IN WITNESS WHEREOF, I have hereunto set my hand and
caused the seal of the City of Virginia Beach to be,affixed this
Eighteenth day of May, 1981.
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P U B L I C H E A R I N G
ITEM Ii-F.1 ITEM #16683
City Council held a Public Hearing regarding the proposed Ordinance
to amend and reordain Chapter 13, Sections 13-1 and 13-2 of the Code
of the City of Virginia Beach and to prescribe Election Districts and
Voting Places within the City of Virginia Beach.
There being no speakers, the Mayor declared the Public Hearing
closed.
ITEM II-F.2 ITEM #16684
Upon motion by Councilman Holland, seconded by Councilman Standing,
City Council voted to uphold the recommendation of the City Manager
and ADOPT the Ordinance to amend and reordain Chapter 13, Sections
13-1 and 13-2 of the Code of the City of Virginia Beach and to
prescribe Election Districts and Voting Places within the City of
Virginia Beach.
Voting: 9-0
Council Members Voting Aye:
Jobn A. Baum, F. Reid Ervin, Barbara M. Henley, Clarence A.
Holland, M.D., W. H. Kitchin, III, Reba S. McClanan, Mayor
J. Henry McCoy, Jr., D.D.S., Meyera E. Oberndorf, and
Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
Vice May6r Harold Heischober, and Donald W. Merrick
A copy of the.Election District map is on file in the City Clerk's office.
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Requested by: Electoral Board
AN ORDINANCE TO AMEND AND REORDAIN CHAPTER
13, SECTIONS 13-1 AND 13-2 OF THE CODE OF
THE CITY OF VIRGINIA BEACH AND TO PRESCRIBE
ELECTION DISTRICTS AND VOTING PLACES WITHIN
THE CITY OF VIRGINIA BEACH
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA:
That Sections 13-1 and 13-2 of the Code of the City of
Virginia Beach, Virginia, are hereby amended and reordained to read
as follows:
Section 13-1: There are hereby established in the City of Virginia
Beach the following Election Districts and their respective voting
places, as set forth below:
ELECTION DISTRICT VOTING PLACES
Virginia Beach - A Galilee Episcopal Church
Virginia Beach - B Virginia Beach Junior High School
Virginia Beach - C Cooke Elementary School
Linkhorn Linkhorn Park Elementary School
Seatack Seatack Elementary School
Alanton Alanton Elementary School
Kingston Kingston Elementary School
London Bridge London Bridge Baptist Church
Trantwood Trantwood Elementary School
Great Neck John B. Dey Elementary School
Cape Henry Research and Enlightenment Building
P la za Lynnhaven Elementary School
Mt. Trashmore Windsor Woods Elementary School
Malibu Malibu Elementary School
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Old Donation Old Donation Center for Gifted
Aragona Aragona Elementary School
Ocean Park Ocean Park,Fire Station
Thoroughgood Independence Junior High School
Lake Smith Shelton Park School
Bayside Bayside Elementary School
Davis Corner Bettie F. Williams Elementary School
Kempsville Point of View Elementary School
Arrowhead Arrowhead Elementary School
Larkspur Kempsville Meadows Elementary School
Woodstock Avalon Church of Christ
Fairfield Fairfield Elementary School
Providence Kempsville Recreation Center
Thalia Thalia Elementary School
Holland Holland Elementary School
Red Win& Fire Training Center
Sigma Sandbridge Fire Station
Creeds Creeds Fire Station
Capps Shop Mosquito.Control Building
Blackwater Blackwater Fire Station
Courthouse Courthouse Fire Station
Windsor Oaks Windsor Oaks Elementary School
Chesapeake Beach Chesapeake Beach Fire Station
Witchduck Luxford Elementary School
Pembroke Pembroke Meadows Elementary School
Bonney Center for Effective Learning
College Park College Park Elementary School
Brandon Brandon Junior High School
Bellamy Indian Lakes Elementary School
Lake Christopher New Covenant Presbyterian Church
Timberlake White Oaks Elementary School
Green Run Green Run Elementary School
Kings Grant Kings Grant Elementary School
Wolfsnare Regency Clubhouse
Lynnhaven Lynnhaven Colony United Church of Christ
Central Absentee Voter
Election District Agriculture/Voter Registrar Building
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Section 13-2: The geographical boundaries of the Election Districts
as set forth in Section 13-1 are hereby established as delineated on a
certain map prepared by the Planning Staff of the City of Virginia Beach
and captioned "Election Districts", which map is hereby approved.
The Clerk of the Council shall endorse the aforesaid map
the date of Council's approval thereof and file the original map
with the Minutes of this day's meeting and shall cause exact copies
thereof to be filed with the General Registrar of the City of Virginia
Beach, the Clerk of the Circuit Court and the Planning Department.
Adopted by the Council of the City of Virginia Beach, Virginia,
on the Eighteenth day of May, 1981.
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0 N S E N T A G E N D A
ITEM II-G ITEM #16685
Upon motion by Councilman Holland, seconded by Mayor McCoy, City Council
agreed to separate Items numbered 8, 11, and 13 from the CONSENT AGENDA.
The remaining items listed as the CONSENT AGENDA were considered and
enacted by ONE MOTION.
The Resolution accepting the resignation of Councilman Merrick was
ADOPTED DURING THE SPECIAL MEETING OF 15 May 1981. (ITEM #16667)
Voting: 9-0
Council Members Voting Aye:
Jobn A. Baum, F. Reid Ervin, Barbara M. Henley, Clarence A.
Holland, M.D., W. H. Kitchin, III, Reba S. McClanan, M-.yor
J. Henry McCoy, Jr., D.D.S., Meyera E. Oberndorf, and
Patrick L. Standing
Couucil Members Voting Nay:
None
Council Mmbers Absent:
Vice Mayor Harold Heischober, and Donald W. Merrick
5/18/81
1 6-
ITEM II-G.2 ITEM #16686
Upon motion by Councilman Holland, seconded by Mayor McCoy, City
Council voted to uphold the recommendation of the City Manager and
ADOPT the Ordinance to amend Section 33-47 of the Code of the City
of Virginia Beach, Virginia, pertaining to definitions in relation
to the tax transients obtaining lodging and hotels, etc.
Voting: 9- 0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, Barbara M. Henley, Clarence A.
Holland, M.D., W. H. Kitchin, III, Reba S. McClanan, Mayor
J. Henry McCoy, Jr., D.D.S., Meyera E. Oberndorf, and
Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
Vice Mayor Harold Heischober, and Donald W. Merrick
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Requested by Director of Finance
AN ORDINANCE TO AMEND SECTION 33-47
OF THE CODE OF THE CITY OF VIRGINIA
BEACH, VIRGINIA, PERTAINING TO
DEFINITIONS IN RELATION TO THE TAX
TRANSIENTS OBTAINING LODGING AND
HOTELS, ETC.
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA:
That: Section 33-47 of the Code of the City of Virginia
Beach is hereby amended and reordained as follows:
DIVISION 4. TAX ON TRANSIENTS
OBTAINING BOARD-OR-LODGING IN
HOTEL, ETC., CHARGING THEREFOR
Section 33-47. Definitions.
Except where the context clearly indicates a different
meaning, tbe following words and phrases, when used in this division
shall, for the purposes of this division, have the following
respective meanings:
Beard-enel Lodging:
"Lodging" means any room or rooms, lodging or space
furnished to any transient.
City Treasurer: "City Treasurer" means the Treasurer of
the City and any of his duly authorized Deputies and Agents.
Commissioner of Revenue: "Commissioner of Revenue" means
the Commissioner of the Revenue of the City and any of his duly authorized
Deputies and Agents.
Hotel: "Hotel" means any public or private hotel, inn,
hostelry, tourist home or house, tourist camp, tourist cabin, camping
grounds, motel, rooming house or other lodging place within the City
offering @eard-an& lodging, e-lther-&L--beL-h, as defined in this Section,
for compensation, to any transient as defined in,this Section.
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.Person: "Person" means any individual, corporation, company,
association, firm, copartnership or any group of individuals acting
as a unit.
Special Tax Auditor: "Special Tax Auditor" means the
Special Tax Auditor of the City and any of his duly authorized Deputies
or Agents.
Transient: "Transient" means any person who, for any period
of not more than 9-imey-460@ ninety (90) consecutive days, either
at his own expense or at the expense of another, obtains 15&ai-d-amel
lodging in any hotel.
This Ordinance shall become effective on,June 1, 1981.
Adopted by the Council of the City of Virginia Beach, Virginia,
on the Eighteenth day of May, 1981.
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ITEM II-G.3 ITEM #16687
Upon motion by Councilman Holland, seconded by Mayor McCoy, City
Council voted to upbold the recommendation of the City Manager and
ADOPT ON FIRST READING the Ordinance to accept a Grant in the amount
of $13,000 from tbe Department of Corrections, and to appropriate
these funds.
Voting: 9-0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, Barbara M. Henley, Clarence A.
Holland, M.D., W. H. Kitchin, III, Reba S. McClanan, Mayor
J. Henry McCoy, Jr., D.D.S., Meyera E. Oberndorf, and
Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
Vice Mayor Harold Heischober, and Donald W. Merrick
- 20-
ORDINANCE TO ACCEPT A GRANT IN THE
AMOUNT OF $13,000 FROM THE
DEPARTMENT OF CORRECTIONS, AND TO
APPROPRIATE THESE FUNDS
WHEREAS, the City of Virginia Beach wishes to maintain the
Pendleton Child Service Center's day care shuttle service; and,
WHEREAS, the State Department of Corrections has agreed to
reimburse 100% of the purchase price of a 15 passenger van, not to
exceed $13,000, and 100% of operating and maintenance costs of subject
van.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA:
THAT the City Manager is hereby authorized to accept the award
for the City and funds are hereby appropriated in the amount of $13,000
for the Pendleton Child Service Center; and,
tE IT FURTHER ORDAINED that the appropriation will be financed
by $13,00b estimated revenue from the State Department of Corrections.
FIRST READING: 18 May 1981
SECOND READING:
ADOPTED by the Council of the City of Virginia Beach, Virginia
on th@e day of 1981.
- 21 -
ITEM II-G.4 ITEM #16688
Upon motion by Councilman Holland, seconded by Mayor McCoy, City Council
voted to uphold the recommendation of the City Manager and ADOPT the
Ordinance to authorize a temporary encroachment into a portion of the
right-of-way of Vanderbilt Avenut to Luke Biernot, subject to the following
provisions:
1. The encroachment shall terminate with thirty (30) days
notice by the City and shall be removed at the expense
of Mr. Biernot.
2. The City shall be held harmless from all liabi-litles
resulting from this encroachment.
3. This encroachment sball be in accordance with the
specifications of the Department of Public Works.
4. Mr. Biernot shall enter into an agreement encompassing
the above provisions.
Voting: 9-0
Council Members Voting Aye:
John A. Baum, P. Reid Ervin, Barbara M. Henley, Clarence A.
Holland, M.D., W. H. Kitchin, III, Reba S. McClanan, Mayor
J. Henry McCoy, Jr., D.D.S., Meyera E. Oberndorf, and
Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
Vice Mayor Harold Heischober, and Donald W. Merrick
2 2-
AN ORDINANCE TO AUTHORIZE A TEMPORARY
ENCROACHMENT INTO A PORTION OF THE
RIGHT-OF-WAY OF VANDERBILT AVENUE TO
LUKE BIERNOT
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA:
That pursuant to the authority and to the extent thereof
contained in Section 15.1-893, Code of Virginia, 1950, as amended, Luke
Biernot, of Lot 6, Block 19, Croatan Beach is authorized to construct
and maintain a temporary encroachment into the right-of-way of Vanderbilt
Avenue.
That the temporary encroachment herein authorized is for
the express purpose of installing and maintaining a well adjacent to his
property known as Lot 6, Block 19, Croatan Beach and that said encroachment
shall be erected and maintained in accordance with the City of Virginia
Beach Public Works Department's specifications as to size, alignment and
location, and further that such temporary encroachment is more particularly
described as follows:
An area of encroachuent into a portion of the City's right-of-way
of Vanderbilt Avenue as shown on that certain Plat entitled: "Site
Plan of Lot 6, BLK 19, Croatan Beach, Lynnhaven Borough, Virginia
Beach, VA., for Luke Biernot dated February 23, 1981, Freeman &
Freeman Engineers & Surveyors, Virginia Beacl4 Virginia, a copy of
which is on file in the Virginia Beach Department of Public Works
to which reference is made for a more particular description.
PROVIDED, HOWEVER, that sucb temporary encroachment herein
authorized shall terminate upon notice by the City of Virginia Beach to
Luke Biernot, his heirs, assigns and successors in title and within thirty
(30) days after such notice is given, said encroachment shall be removed
from the City right-of-way of Vanderbilt Avenue and that Luke Biernot,
his heirs, assigns and successors in title shall bear all costs and
expenses of such removal.
2 3-
AND, PROVIDED FURTHER, it is expressly understood and
agreed that Luke Biernot, his heirs, assigns and successors in title
shall indemnify and hold harmless the City of Virginia Beach, its
agents and employees from and against all claims, damages, losses, and
expenses including reasonable attorney's fees in case it shall be necessary
to file or defend an action ariting out of the location or existence of
said encroachment.
AND, PROVIDED FURTHER, this Ordinance shall be in effect
until such time that Luke Biernot executes an agreement with the City
of Virginia Beach encompassing the aforementioned provisions.
Adopted by the Council of the City of Virginia Beach, Virginia,
on the Eighteenth day of May, 1981.
1. The encroachment shall terminate with thirty (30) days
notice by the City and shall be removed at the expense
of Mr. Biernot.
2. The City shall be held harmless from all liabilitles
resulting from this encroachment.
3. This encroachment shall be in accordance with the
specifications of the Department of Public Works.
4. Mr. Biernot shall enter into an agreement encompassing
the above provisions.
- 24-
ITEM II-G. 5 ITEM #16689
Upon motion by Councilman Holland., seconded by Mayor McCoy, City
Council voted to uphold the recommendation of the City Manager,and
ADOPT the Resolution certifying the arrangements for the improve-
ments of a section of Military Highway (Route 13) to the East
Corporate Limits of the City of Chesapeake for the adjustment
and/or relocation of certain utilities and for the installation of
any new facilities.
Voting: 9-0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, Barbara M. Henley, Clarence A.
Holland, M.D., W. H. Kitchin, III, Reba S. McClanan, Mayor
J. Henry McCoy, Jr., D.D.S., Meyera E. Oberndorf, and
Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
Vice Mayor Harold Heischober, and Donald W. Merrick
25-
At a meeting of the Council of the City
of Virginia Beach, held on the
day of , 1981, the following
resolution was adopted.
R E S 0 L U T I 0 N
WHEREAS, the Highway Department proposes to construct or
otherwise improve a section of roadway from Military Highway (Route 13)
to the east corporate limits of the City of Chesapeake designated as
Highway ProJect: UOOO-134-110, C-501; and
WHEREAS, the City Council is responsible for making arrange-
ments for the adjustment and/or relocation of certain utilities and for
the installation oi any new facilities;
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
VIRGINIA BF.ACH, VIRGINIA:
THAT the Council hereby certifies that all arrangements have
been made or will be made for the relocation and/or adjustment of said
utility facilities, and for the installation of any new facilities, In
the event of any justifiable claims from the road contractor for delays or
interference caused by said utilities, the City of Virginia Beach hereby
agrees to be responsible for said claims, provided it may legally do so
and further provided that the City is advised in writing by the Highway
Department at the time of delay that the road contractor intends to file
a claim.
Said utilities are identified as follows:
Utility Owner Type of Facility
The Chesapeake and Potomac Communication
Telephone Company of Virginia
Virginia Electric & Power Gas and Distribution APP;ZCVED AS TO CONTENT
Company
City of Virginia Beach Water and Sewer
@T
A copy teste:
Clerk Mayor
- 26-
ITEM II-G.6 ITEM #16690
Upon motion by Councilman Holland, seconded by Mayor McCoy, City
Council voted to uphold t@e recommendation of the City Manager and
ADOPT the ordinance to authorize the acquisition of property in fee
simple for Rudee Heights Pumping Station, either by agreement or by
condemnation.
Voting: 9-0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, Barbara M. Henley, Clarence A.
Holland, M.D., W. H. Kitchin, III, Reba S. McClanan, Mayor
J. Henry McCoy, Jr., D.D.S., Meyera E. Oberndorf, and
Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
Vice Mayor Harold Heischober, and Donald W. Merrick
Request6d by Departmen-6- of PUblic Works -27-
AN ORDINANCE TO AUTHORIZE THE ACQUISITION
OF PROPERTY IN FEE SIMPLE FOR RUDEE HEIGHTS
PUMPING STATION, EITHER BY AGREEMENT OR BY
CONDEMNATION.
WHEREAS, in the opinion of the Council of the City of Virginia Beach,
Virginia, a public necessity exists for the construction of this important
project for public purposes, for the preservation of the safety, health, peace,
good order, convenience, moral and welfare of the people in the City of Virginia
Beach.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
Section 1. That the City Attorney is hereby authorized and directed to
acquire by purchase or condemnation pursuant to Section 15.1-236, et seq., 15.1'-897,
afid Sedtion 33.1-89, et seq., Code of Virginia 1950, as amended, all that certain
property in fee simple as shown on the plat entitled, "PLAT SHOWING PUMPING STATION
SITE DEDICATION FOR RUDEE HEIGHTS FROM LYNNHAVEN BUILDING SUPPLY CORPORATION,",being
on file in the office of Real Estate, Department uf Public Works, VirginiaiBpach,
Virginia.
Section 2. That the City Attorney is hereby authorized to make or cause
to be made on behalf of the City of Virginia Beach, to the extent that funds are
available, a reasonable offer to the owners or persons having an interest in said
lands, if refused, the City Attorney is hereby authorized to institute proceedings
to condemn said property.
Section 3. That an emergency is here.by declared to exist and this
ordinance shall be in force and effect from the date of its adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on
the 18 day of May 19 81.
CtR AVA LABILITY OF FLJNDS
T=To-@"-
APPROVM I'S CCINTENT City of Virginia B"ch, Va.-Diredor of Finan.
SldF4ATUItE
JAR:kg Date
4/24/81 DEPARTME@
APPROVfD AS T
SSIG ATURE
CWY ATTOR@
- 2 8-
ITEM II-G.7 ITEM #16691
Upon motion by Councilman Holland, seconded by Mayor McCoy, City
Council voted to uphold tbe recommendation of the City Manager and
ADOPT the Ordinance to authorize the acquisition of property in fee
simple for Lotus Garden Bridge Replacement, either by agreement or
by condemnation.
Voting: 9-0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, Barbara M. Henley, Clarence A.
Holland, M.D., W. H. Kitchin, III, Reba S. McClanan, Mayor
J. Henry McCoy, Jr., D.D.S., Meyera E. Oberndorf, and
Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
Vice Mayor Harold Heischober, and Donald W. Merrick
- 2 9-
Requested by Department of Public Works
AN ORDINANTE TO AUTHORIZE THE ACQUISITION
OF PROPERTY IN FEE SIMPLE FOR LOTUS GARDEN
BRIDGE REPLACEMENT, EITHER BY AGREEMENT OR
BY CONDEMNATION.
WHEREAS, in the opinion of the Council of the City of Virginia Beach,
Virginia, a public necessity exists for the construction of this important
project for public purposes, for the preservation of the safety, health, peace,
good order, convenience, moral-and welfare of the people in the City of Virginia
Beach.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGItlIA BEACH, VIRGINIA:
Section 1. That the City Attorney is hereby authorized and directed to
acquire by purchase or condemnation pursuant to Section 15.1-236, et seq., 15.1-897,
and Section 33.1-89, et seq., Code of Virginia 1950, as amended, all that certain
property in fee simple as shown o6 those certain plats entitled, PLAT OF PROPERTY
TO BE ACQUIRED BY THE CITY OF VIRGINIA BEACH FROM TABERNACLE METHODIST CHURCH,
THE TRIO, AND UNKNOWN OWt4ER FOk LOTUS GARDEN BRIDGE," being on file in the office
of Real Estate, Department of;Public Works, Virginia Beach, Virginia.
Section 2. That the City Attorney is hereby authorized to make or cause
to be made on behalf of the City of Virginia Beach, to the extent that funds are
available, a reasonable offer to the owners or persons having an interest in said
lands, if refused, the City.Attorney is hereby authorized to institute proceedings
to condemn said property.
Section 3. That an emergency is hereby declared to exist and this
ordinance shall be in force and effect frorn the date of its adoption.
Adopted by the Council of the City of Virginia Beach, Virginia on the
18 day of MaV 1981.
AS 10 AYA%MlLffY OF FUNDS APPROVED AS TO CONTENT
al virtioiq @NATUPA
JAR/ih DEPARTMFNT
5/7/81 APPRQVED A
SIG;VAT@
CITY ATTO
- 30-
ITEM II-G.9 ITEM #16692
Upon motion by Councilman Holland, seconded by Mayor McCoy, City
Council voted to uphold the recommendation of the City Manager and
ADOPT the Ordinance appointing Viewers for the closure of a portion
of Old Wolfsnare Road, in the Lynnhaven Borough.
Voting: 9-0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, Barbara M. Henley, Clarence A.
Holland, M.D., W. H. Kitchin, III, Reba S. McClanan, Mayor
J. Henry McCoy, Jr., D.D.S., Meyera E. Oberndorf, and
Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
Vice Mayor Harold Heischober, and Donald W. Merrick
31-
ORDINANCE APPOINTING VIEWERS
WHEREAS, F. Wayne McLeskey, Jr., has given due and proper
notice, in accordance witb the Statutes for such case made and provided
that they will on the Eighteentb day of May, 1981, apply to the City
Council of the City of Virginia Beach, Virginia, for the appointment
of Viewers to view the below-described property and report in writing
to the Council whether, in the opinion of said Viewers, any, and if any,
what inconvenience would result from the discontinuance of the
hereinafter described portion of that certain Street of variable widtb,
and has filed such application with said Council.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA:
THAT: C. Oral Lambert
David M. Grochmal
Robert J. Scott
are hereby appointed to view the below described property and report in
writing to the Council on or before whether in their opinion,
any, and if any, what inconvenience would result in the discontinuing
and vacating of a portion of that certain street of variable width
located in the City of Virginia Beach, Virginia, and more particularly
described as follows:
Beginning at a point, said point being on the East
right-of-way line on North Great Neck Road and the
Northwest right-of-way line of Old Wolfsnare Road,
and from said point along a curve to the right having
a radius of 524.73 feet, an arc distance of 35.20 feet
to a point; thence continuing along a ctxve to the
right having a radius of 2230.00 feet, an arc distance
of 347.31 feet to a point; thence N62*37'19"E a
distance of 115.20 feet to a point; thence along a
curve to the right having a radius of 590 feet, an arc
distance 40.81 feet to a point; thence continuing on a
curve to the right, having a radius of 90.35 feet, an
arc distance of 38.52 feet to a point; thence S73*34'33"E
a distance of 15.00 feet to a point; thence along a curve
to the right having a radius of 30.00 feet, an arc distance
of 27.09 feet to a point; thence along a curve to the left,
having a radius of 20.00, an arc distance of 33.35 feet to
a point; thence N27*24'00"W a distance of 13.00 feet to a
point; thence S62@36'bO"W a distance of 185.84 feet to a
point; thence along a curve to the left having a radius of
2200.00 feet, an arc distance of 342.64 feet to a point;
thence continuing along a curve to the left having a radius
of 494.73 feet, an arc distance of 63.44 feet to a point; thence
N01*03'05'@ a distance of 47.70 feet to the point of beginning.
(Portion to be vacated is designated 19,365 square feet on the
below-described plat.)
32-
All tbe above, as shown upon that certain plat entitled
"PLAT SHOWING A PORTION OF OLD WOLFSNARE ROAD TO BE CLOSED AND VACATED
BY THE CITY OF VIRGINIA BEACH, VIRGINIA, LYNNHAVEN BOROUGH - VIRGINIA
BEACH VIRGINIA," which plat is attached hereto and made a part hereof
and intended to be recorded with the Ordinance closing the aforedescribed
street.
3 3-
IN THE MATTER OF CLOSING, VACATING AND DISCONTINUING A
PORTION OF THAT CERTAIN STREET OF VARIABLE WIDTH, KNOWN
AS OLD WOLFSNARE ROAD, AS SHOWN UPON THAT CERTAIN PLAT
ENTITLED 'PLAT SHOWING A PORTION OF OLD WOLFSNARE ROAD
TO BE CLOSED AND VACATED BY THE CITY OF VIRGINIA BEACH,
VIRGINIA, LYNNHAVEN BOROUGH - VIRGINIA BEACH, VIRGINIA,,'
WHICH PLAT IS ATTACHED HERETO.
P E T I T I 0 N
TO: THE MAYOR AND THE MEMBERS OF THE COIJNCIL OF THE
CITY OF VIRGINIA BEACH, VIRGINIA
Your petitioner, F. Wayne McLeskey, Jr., respectfully
represents as follows:
1. That pursuant to the provisions of Section 15.1-364 of
the 1950 Code of Virginia, as amended, the petitioner applies for the
vacating, closing, and discontinuance of a portion of that certain
street, which is more specifically described as follows:
Beginning at a point, said point being on the East
right-of-way line on North Great Neck Road and the
Northwest right-of-way line of Old Wolfsnare Road,
and from said point along a curve to the right having
a radius of 524.73 feet, an arc distance of 35.20 feet
to a point; thence continuing along a curve to the
right having a radius of 2230.00 feet, an arc distance
of 347.3l.feet to a point; thence N62*37'19"E a
distance of 115.20 feet to a point; thence along a
curve to the right having a radius of 590 feet, an arc
distance 40.81 feet to a point; thence continuing on a
curve to the right, having a radius of 90.35 feet, an
arc distance of 38.52 feet to a point; tbence S73@34'33"
a distance of 15.00 feet to a point; thence along a curve
to the right having a radius of 30.00 feet, an arc distance
of 27.09 feet to a point; thence along a curve to the left,
having a radius of 20.00, an arc distance of 33.35 feet to
a point; thence N27'24'00"W a distance of 13.00 feet to a
point; tbence S62*36100"w a distance of 185.84 feet to a
point; thence along a curve to the left having a radius of
2200.00 feet, an arc distance of 342.64 feet to a point;
thence continuing along a curve to the left having a radius
of 494.73 feet, an arc distance of 63.44 feet to a point; thence
N01*03'05"E, a distance of 47.70 feet to the point of beginning.
(Fortion to be vacated is designated 19,365 square feet on the
below-described plat.)
Said parcel of land being a portion of Old Wolfsnare Road, as indicated
on that certain plat entitled "PLAT SHOWING A FORTION OF OLD WOLFSNARE
ROAD TO BE CLOSED AND VACATED BY THE CITY OF VIRGINIA BEACH, VIRGINIA,
LYNNHAVEN BOROUGH VIRGINIA BEACH, VIRGINIA," which plat is attached
hereto and made a part hereof and intended to be recorded with the
34-
Ordinance closing the aforedescribed street.
.2. That no inconvenience will result to any persons by
reason of said closing, vacation, and discontinuance of said street;
and, the petitioner prays that this Honorable Council appoint Viewers
as provided by law to view said platted street proposed to be closed
and to report in writing to the Council on or before the day
of 1981, as to whether in the opinion of said Viewers, what
inconvenience, if any, would result from tbe discontinuance and closing
of this portion of said street, as herein reported and described.
3. That on the Twenty-Fourth day of March, 1981, Notice of
the presenting of this Application was posted at the Courtbouse of the
Circuit Court of the City of Virginia Beach, Virginia, on the premises
to be closed, and at the City Hall Annex, 19th Street and Arctic Avenue,
Virginia Beach, as evidenced by the Affidavit attached hereto, and a
copy of said Notice.
4. That the Petitioner is fee simple owner of all land
along and adjacent to and affected by said portion of the platted street
to be closed and consequently, your Petitioner is the only landowner
affected by the same.
Respectfully submitted,
Isl F. Wayne McLeskey, Jr.
F. Wayne McLeskey, Jr.
-35-
CERTIFICATE OF VESTING OF TITLE
I, Donald E. Rhodes
Attorney for F. Wayne McLeskey, Jr., and Lynnhav6n Building Supply Corp.
do hereby certify that:
1. I am an Attorney-at-Law and represent F. Wayne McLeskey, Jr.
the petitioner.
2. If the property described below is discontinued, closed and vacated
by the Cotmcil of the City of Virginia Beach, Virginia, then title to said property
will vest in F. Wayiie McLeskey, Jr., (Lynnhaven Building Supply Corp)
the adjacent landowners; in N/A
the holder of the underlying fee in said property; in
N/A
the assignee of N/A
the adjacent property owner or holder of the underlying fee
in said property.
The said property referred to herein is hereby described as follows:
"Said parcel of land being a portion of Old Wolfsnare Road, as
incidated on that certain plat entitled "PLAT SHOWING A PORTION
OF OLD WOLFSNARE ROAD TO BE CLOSED AND VACATED BY THE CITY OF
VIRGINIA BEACH, VIRGINIA, LYNNHAVEN BOROUGH - VIPGINIA BEACH,
VIRG3NIA," a copy of which is attached hereto."
Isl Donald H. Rhodes
DONALD H. RHODES
- 36-
ITEM II-G.10 ITEM #16693
Upon motion by Councilman Holland, seconded by Mayor McCoy, City
Council voted to uphold the recommendation of the City Manager and
ADOPT the Ordinance appointing Viewers for the closure of a portion
of Gum Avenue, in the Kempsville Borough, as requested by Edmund E.
Garrett, Sr., Catherine Rosetta Garret, Stanley John Rice, and Lillie
E. Rice.
Voting 9-0
Council Members Voting Aye:
John A. Bauu6 F. Reid Ervin, Barbara M. Henley, Clarence A.
Holland, M.D., W. H. Kitchin, III, Reba S. McClanan, Mayor
J. Henry McCoy, Jr., D.D.S., Meyera E. Oberndorf, and
Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
Vice Mayor Harold Heischober, and Donald W. Merrick
- 3 7-
ORDINANCE APPOINTING VIEWERS
WHEREAS, EDMUND E. GARRETT, SR., CATHERINE ROSETTA GARRETT,
STANLEY JBHN RICE, and LILLIE E. RICE have given due and proper notice,
in accordance with the Statutes for such cases made and provided that
they will on the day of 1 1981, apply to the
City Council of the City of Virginia Beach, Virginia, for the appoint-
ment of Viewers to view the below-described property, and report in
writing to the Council, whether, in the opinion of said Viewers, any,
and if any, what, inconvenience would result from the discontinuance
of the hereinafter described portion of that certain street, and has
filed such application with said Council.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
THAT C. Oral Lambert
David M. Grochmal
Robert J. Scott
are hereby appointed to view the below-described property and report in
writing to the Council on or before . 1981, whether in their
opinion, any, and if any, what inconvenience would result in the dis-
continuing and vacating of a portion of that certain street, located in the
City of Virginia Beach, Virginia, and more particularly described as
follows:
That portion of Gum Avenue lying North of Southern Boulevard
(formerly Fourth Street), and being that portion which has
a beginning portion which is 175' North of the intersection
of Gum Avenue and Southern Boulevard (formerly Fourth Street),
and extending from said beginning point in a Northerly
direction until it's termination into a revine, as shown on a
plat entitled, "C. W. Deal," which said plat is duly recorded
in the Clerk's Office of the Circuit Court of the City of
Virginia Beach, Virginia, in Map Book 70, at Page 7-B.
All of the above as shown on the Plat which shows the closing
of said portion of Gum Avenue, in the City of Virginia Beach, Virginia,
which Plat is attached hereto and made a'pait hereof and intended to be
recorded with the Ordinance closing the af6redescr@ibed street.
- 38-
PETITION TO VACATE PORTION OF GUM AVENUE
IN THE CITY OF VIRGINIA BEACH, VIRGINIA
TO: The Honorable Council of the City of Virginia Beach, Virginia:
Your Petitioners, Edmund E. Garrett, Sr., Catherine Rosetta
Garrett, Stanley John Rice, and Lillie E. Rice, respectfully represent:
1. That your Petitioners are the fee simple owners of the
legal title to all property abutting and adjacent to a portion of Gum
Avenue, in the City of Virginia Beach, Virginia, and that, that portion
of Gum Avenue is not needed for public use, throughfare or convenience,
and your Petitioners request that, that portion of Gum Avenue be closed,
vacated and discontinued as a public street; that portion of Gum Avenue
being described as follows:
That portion of Gum Avenue lying North of Southern Boulevard
(formerly Fourth Street), and being that portion which has
a beginning portion which is 175' North of the intersection
of Gum Avenue and Southern Boulevard (formerly Fourth Street),
and extending from said beginning point in a Northerly
direction until it's termination into a revine, as shown on a
plat entitled, "C. W. Deal," which said plat is duly recorded
in the Clerk's Office of the Circuit Court of the City of
Virginia Beach, Virginia, in Map Book 70, at Page 7-B.
2. In accordance with Section 15.1-364 of the Code of
Virginia, as amended, Petitioners have caused Notice of this application
to be posted at the Courthouse of the Circuit Court of the City of
Virginia Beach, Virginia, and at two other public places in the City of
Virginia Beach, Virginia, at least ten (10) days prior to the date the
application is to be made to the Council for the appointment of Viewers.
An executed copy of the said Notice and an Affidavit relative to its
being posted are filed herewith as Exhibits "A" and "B", to be read as
part of tbis Petition.
IN CONSIDERATION WHEREOF, Petitioners pray that tbe Council
appoint not less than three (3) nor more than five (5) Viewers to view
the streets designated above, and to report in writing whether in their
opinion any, and if any, what, inconvenience would result from the
closure and vacating of the said streets or portions thereof, and after
such report shall have been made, an Ordinance be adopted, closing and
vacating the said street or portion thereof as herein requested.
3 9-
ITEM II-G.12 ITEM #16694
Upon motion by Councilman Holland, seconded by Mayor McCoy, City
Council voted to uphold the recommendation of the City Manager and
ADOPT the Ordinance to create Section 23-32.2 of the Code of the
City of Virginia Beach pertaining to urination in public.
Voting: 9-0
Council Members Voting Aye:
John A. Baum, P. Reid Ervin, Barbara M. Henley, Clarence A.
Holland, M.D., W. H. Kitchin, Ill, Reba S. McClanan, Mayor
J. Henry McCoy, Jr., D.D.S., Meyera E. Oberndorf, and
Patrick L. Standing
Council Members Voting Nay:
None
Coun6il.Members Absent:
Vice Mayor Harold Heischober, and Donald W. Merrick
- 40-
Requested by: Police Department
AN ORDINANCE TO CREATE SECTION 23-32.2
OF THE CODE OF THE CITY OF VIRGINIA BEACH
PERTAINING TO URINATION IN PUBLIC
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA:
That Section 23-32.2 of the Code of the City of Virginia Beach
is hereby created as follows:
Section 23-32.2 Urination in Public.
Any person who urinates or defecates in public or in a place
open to public view except in public restroom facilities shall be guilty
of a class four misdemeanor.
This Ordinance shall be effective on and after the date of
its adoption.
Adopted by the Council of the City of Virginia Beach, Virginia,
on the Eighteenth day of AU, 1981.
MES/re/er
3-19-81
5-13-81
-41-
ITEM 11-G.14 ITEM #16695
Ilpon motion by Councilman Holland, seconded by Mayor McCoy, City Council
voted to uphold the recommendation of the City Manager and ADOPT the
Ordinance authorizing tax refunds in the amount of $5,536.95.
Voting: 9-0
Council Members Voting Aye:
'John A. Baun6 F. Reid Ervin, Barbara M. Henley, Clarence A.
Holland, M.D., W. H. Kitchin, III, Reba S. McClanan, Mayor
J. Henry McCoy, Jr., D.D.S., Meyera E. Oberndorf, and
Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
Vice Mayor Harold Heischober, and Donald W. Merrick
4 2- 2
AN ORDliNANCc- AUTHORIZING TAX REFUNDS
UPON APPLICATION C)F CERTAIN PERSO'JS
AND UPON CERTIFICATION OF THE TREASURER
FOR PAYMENT
BE IT O-RDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for tax refunds upon certification of the Treasurer are hereby approved:
NAME Tax Type Ticket Exonera- D.!o P.n.ity lnt. Tot.i
Y ear of Tax Number tion No. paid
Bruce G Murphy 81 RE(1/2) 13936 11/26/80 50.25
81 RE(1/2) 13934 11/19/80 50.25
81 RE(1/2) 13933 12/2/80 50.25
81 RE(1/2) 13932 11/14/80 50.25
81 RE(1/2) 13931 12/2/80 90.45
81 RE(1/2) 13930 12/2/80 90.45
81 RE(1/2) 13929 11/5/80 90.45
81 RE(1/2) 13927 11/19/80 90.45
81 RE(1/2) 1'926 11/12/80 90.45
C@,,'stopher Development Co. 81 RE(1/2) 13895 12/5/80 50.25
81 RE(1/2) 13896 12/5/80 50.25
81 RE(1/2) 13897 12/5/80 50.25
81 RE(1/2) 13898 12/5/80 50.25
81 RE(1/2) 13899 12/5/80 50.25
81 RE(1/2) 13900 12/5/80 50.25
81 RE(1/2) 13901 12/5/80 50.25
81 RE(1/2) 13902 12/5/80 50.25
81 RE(1/2) 13903 12/5/80 50.25
81 RE(I/Z) 13904 12/5/80 50.25
81 RE(1/2) 13905 12/5/80 50.25
81 RE(1/2) 13906 12/5/80 50.25
81 RE(1/2) 13907 12/5/80 50.25
81 RE(1/2) 13908 12/5/80
50.25
81 RE(1/2) 13909 12/5/80 50.25
81 RE(1/2) 13010 12/5/80 50.25
81 RE(1/2) 13911 12/5/80 50.25
81 RE(1/2) 13912 12/5/80 50.25
81 RE(1/2) 13913 12/5/80 50.25
81 RE(1/2) 13914 12/5/80 50.25
81 RE(1/2) 13915 12/5/80 50.25
81 RE(1/2) 13916 12/5/80 50.25
81 RE(1/2) 13917 12/5/80 50.25
81 RE(1/2) 13918 12/5/80 50.25
(Continued on next page)
This ordinance shalf'be efiective from date of adoption.
The above abatement(@.. totaling.., Cert
wqre app roveci-by
theCouncil of thecity of Virginia
Beach on the- daly,,pf @ 1-
John
Approved as to forny.
Ruth Hodges Smith I
City Clerk
-@@ @ @l, @ fl @
(riiey - it li@
-4 2a
Page 2 of 2
AN ORDINANCE AUTHORIZING TAX REFUNDS
UPON APPLICATION OF CERTAIN PERSONS
AND UPON CERTIFICATION OF THE TREASURER
FOR PAYTAENT
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for tax refunds upon certification of the Treasurer are hereby approved:
NAME Tax Type Ticket Exonera- D ate Penalty lnt. Total
Year of Tax Number tion No. Paid
Christopher Development Co. 81 RE(1/2) 13919 12/5/80 50.25
81 RE(1/2) 13920 12/5/80 50.25
81 RE(1/2) 13921 12/5/80 83.75
81 RE(1/2) 13922 12/5/80 @90.45
81 RE(1/2) 13923 12/5/80 90.45
81 RE(1/2) 13924 12/5/80 90.45
81 RE(1/2) 13925 12/5/80 90.45
81 RE(1/2) 13937 12/5/80 50.25
81 RE(1/2) 13938 12/5/80 50.25
81 RE(1/2) 13939 12/5/80 50.25
81 RE(1/2) 13940 12/5/80 50.25
81 RE(1/2) 13941 12/5/80 50.25
81 RE(1/2) 13942 12/5/80 50.25
81 RE(1/2) 13943 12/5/80 50.25
81 RE(1/2) 13944 12/5/80 50.25
81 RE(1/2) 13945 12/5/80 50.25
81 RE(1/2) 13946 12/5/80 50.25
81 RE(1/2) 13947 12/5/80 50.25
81 RE(1/2) 13948 12/5/80 50.25
81 RE(1/2) 13949 12/5/80 50.25
81 RE(1/2) 13950 12/5/80 50.25
81 RE(1/2) 13951 12/5/80 50.25
81 RE(1/2) 13928 '12/5/80 50.25
81 RE(1/2) 13935 12/5/80 50.25.
Total 3,259.55
This ordiiiance shall beeffective from date of adoption.
The above aba.tement(s) totaling
were approved by
the Council of the City of Virginia
Beach on tlie/@-day of asurer
Approved as to form:
Rulli Hodges Srnitli
City Clerk
J. Dale Bimson, City Attorney
4 3-
AN ORDINANCE AUTHORIZING TAX REFUNDS
UPON APPLICATION OF CERTAIN PERCIONS
Ar@D UPON CERTIFICATION OF THE TPIEASURER
FOR PAYMENT
BE IT CIRDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for tax refunds upon certification of the Treasurer are hereby approved:
NAME Tax Type Ticket Exonera- Da!e Penalty I nt. Total
Year of Tax Number tion No. P id
Margaret Kuhnley 81 RE(1/2) 43319-8 11/30/80 22.88
Bernard D Packer 81 RE(1/2) 57234-0 11/3/80 24.74
James D & Joan S Kennedy 80 RE(1/2) 34P40-9 12/5/79 240.56
James D & Joan S Kennedy 80 RE(2/2) 34540-9 6/5/80 240.56
James D & Joan S Kennedy 81 RE(1/2) 41652-7 12/5/80 249.^LQ
Henry Reich 78 RE(1/2) 53465-4 11/23/77 54 '61
Henry Reich 78 RE(2/2) 53465-4 5/23/78 54 '61
Henry Reich 79 RE(1/2) 56159-7 12/5/78 65 '47
,gr y Reich 79 RE(2/2) 56159-7 5/29/79 65 47
'
,4E:...y Reich 80 RE(1/2) 52552-6 11/30/79 88.70
Henry Reich 80 RE(2/2) 52552-6 8/'8/80 88.70
lbert H Hoy 80 pp 132591 11/19/80 69.90
Darrell Bartlebaugh 80 Pkng. 73593 3/30/81 12.00
Total 1,277.40
A I
This ordinance sh@l be e .ffective from d'ate of adoption.
The above abatemenwt) i ia Ce@,tified as to paymerit;
$ 1 2 7 7 4 0 0 rn'
@wEite a@pro@.d by
the Coun'cil of the City of Virgini'@
Beach on the 18 da'y'ol' MSY
John T. Atkinson, Treasurer
Approv(,d as to form:
Rulh Hodges Smith
City Cletk
al "tB ity Attori)
-4 4-
ITEM II-G.8 ITEM #16696
Upon motion by Councilman Holland, seconded by Councilwoman Oberndorf,
City Council voted to uphold the recommendation of the City Manager and
DEFER the Resolution reserving land for Civic Leagues and Homeowners
Association for a period of five (5) years by developers until the
agreement has been finalized.
Voting: 9-0
Council Members Voting Aye: (for deferral)
John A. Baum, P. Reid Ervin, Barbara M. Henley, Clarence A.
Holland, M.D., W. H. Kitchin, III, Reba S. McClanan, Mayor
J. Henry McCoy, Jr., D.D.S., Meyera E. Oberndorf, and
Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
Vice Mayor Harold Heischober, and Donald W. Merrick
- 4 5-
ITEM II-G.11 ITEM #16697
Upon motion by Councilwoman Henley, seconded by Councilwoman Oberndorf,
City Council voted to DEFER the Ordinance to amend and reordain Section
17-15 of the Code of the City of Virginia Beach relating to litter from
motor vehicles.
Voting: 9-0
Council Members Voting Aye: (for deferral)
John A. Baum, F. Reid Ervin, Barbara M. Henley, Clarence A.
Holland, M.D., W. H. Kitchin, III, Reba S. McClanan, Mayor
J. Henry McCoy, Jr., D.D.S., Meyera E. Oberndorf, and
Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
Vice Mayor Harold Heischober, and Donald W. Merrick
4 6-
Requested by tbe Police Department
AN ORDINANCE TO AMEND AND REORDAIN
SECTION 17-15 OF THE CODE OF THE
CITY OF VIRGINIA BEACH RELATING TO
LITTER FROM MOTOR VEHICLES
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA:
That Section 17-15 of the Code of the City of Virginia Beach,
Virginia, is hereby amended to read as follows:
Section 17-15. Litter from Motor Vehicles
It shall be unlawful for any vehicle transporting leege the
following described materials:
1. Refuse
2 . Business trash
3. Garbage
4. Hazardous refuse
5. Yard trash
6. Household trash
7. Litter
8. Tree ind shrubbery trimmings
9. Industrial waste
10. Building materials
11. Sand
12. Rocks, gravel
13. Dirt material
w@th-in-tlie-Gity to transport same upon the
streets of the City unless such materials are contained in covered or
closed receptacles suitable to prevent escape of any contents, or unless
the portion of such vehicle upon which such materials are loaded is fully
covered and contained by a tied down canvas or other similar cover
suitable to prevent escape of such materials. This Section shall not apply
to the transportation of poultry or livestock or silage or other feed
grain used in the feeding of poultry or livestock. The driver of any
vehicle shall be responsible for assuring that "-14.tter,none of the
above described material is thrown from the vehicle or occurs through
the. lack of proper covering. In addition to other remedies, any person
arriving at the Ci@y landfill and operating an-eneavered a truck in
- 4 7-
violation of this Section shall be allowed access to said landfill
only after being issued a notice of violation or summons.
ADOPTED by the Council of the City of Virginia Beach, Virginia,
on the day of 1 1981.
DEFERRED BY CITY COUNCIL: 18 May 1981
1
4 8-
ITEM II-G.13 ITEM #16698
Upon motion by Councilman Baum, seconded by Councilwoman Oberndorf,
City Council voted to DEFER UNTIL JUNE 1, 1981 the Ordinance to amend
and reordain Section 23-48 of the Code of tbe City of Virginia Beach
relating to sleeping in automobiles.
Voting: 9-0
Council Members Voting Aye: (for deferral)
John A. Baui% F. Reid Ervin, Barbara M. Henley, Clarence A.
Holland, M.D., W. H. Kitchin, III, Reba S. McClanan, '4ayor
J. Henry McCoy, Jr., D.D.S., Meyera E. Oberndorf, and
Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
Vice Mayor. Harold Heischober, and Donald W. Merrick
-4 9-
AN ORDINANCE TO AMEND AND REORDAIN
SECTION 23-48 OF THE CODE OF THE CITY
OF VIRGINIA BEACH RELATI@G TO SLEEPING
IN AUTOMOBILES
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA:
That Section 23-48 of the Code of the City of Virginia Beach
is hereby amended and reordained as follows:
Section 23-48. Sleeping in automobiles.
It shall be unlawful for any person to use an automobile
for sleeping quarters
except in a properly designated camping facility. Any person who
violates the provisions of this Section shall be guilty of a Class IV
Misdemeanor.
This Ordinance shall be effective from date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia,
on the day of 1981.
DEFERRED BY CITY COUNCIL: 18 May 1981
50-
P L A N N I N G A G E N D A
ITEM II-H.1 ITEM #16699
COUNCILMAN ERVIN LEFT COUNCIL CHAMBERS
Attorney Lucien Cox appeared in behalf of the applicant.
Upon motion by Councilman Holland, seconded by Councilman Baum, City
Council voted to uphold the recommendation of the Planning Commission
and APPROVE the application of PLEASURE HOUSE PROPERTIES, INC., for a
Change of Zoning District Classification, as per the following,
subject to the conditions outlined in the City Manager's letter:
ORDINANCE TJPON APPLICATION OF PLEASURE HOUSE Z0581570
PROPERTIES, INC., FOR A CHANGE OF ZONING
DISTRICT CLASSIFICATION FROM B-1 BUSINESS
RESIDENTIAL DISTRICT TO A-2 APARTMENT DISTRICT
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
Ordinance upon application of Pleasure House Properties, Inc., for a
Change of Zoning District Classification from B-1 Business Residential
District to A-2 Apartment District on certain property located on the
South side of Lookout Road beginning at a point 136.34 feet West of
Pleasure House Road, running a distance of 52 feet more or less along
the South side of Lookout Road, running a distance of 185 feet along
the Western property line, running a distance of 50 feet along the
Southern property line and running a distance of 170.09 feet along the
Eastern property line. Said parcel contains .20 acre. BAYSIDE
BOROUGH.
Approval iSS 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. City water and sewer.
3. An adequate drainage outfall system with all the necessary
drainage improvements and easements is required.
4. Right-of-way improvements are necessary along Lookout Road;
this includes pavement widening and overlay, curb, gutter,
sidewalk, and drainage facilities.
This Ordinance shall be effective from date of adoption.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the Eighteenth day of May, 1981.
-50a-
ORDINANCE UPON APPLICATION OF PLEASLRE HOUSE W581570-B
PROPERTIES, INC., FOR A CHANGE OF WNING
DISTRICT CLASSIFICATION FROM R-8 RESIDENTIAL
DISTRICT TO A-2 APARTMENT DISTRICT
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
Ordinance upon application of Pleasure House Properties, Inc., for a
Change of Zoning District Classification from R-8 Residential District
to A-2 Apartment District on certain property located on the South
side of Lookout Road beginning at a poiut 188.34 feet West of Pleasure
RDuse Road, running a distance of 153.12 feet along the South side
of Lookout Road, running a distance of 246.04 feet along the Western
property line, running a distance of 189.44 feet along the Southern
property line and running a distance of 185 feet along the Eastern
property line. Said parcel contains .67 acre. BAYSIDE 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. City water and sewer.
3. An adequate drainage outfall system with all the necessary
drainage improvements and easements is required.
4. Right-cf-way improvements are necessary along Lookout Road;
this includes pavement widening and overlay, curb, gutter,
sidewalk and drainage facilities.
5. A buffer is to be provided along the Western property line
which adjoins single-family residences
This Ordinance shall be effective from date of adoption.
Adopted by the Council of tbe City of Virginia Beach, Virginia,
on the Eigbteenth day of May, 1981.
51-
Voting: 8-0
Council Members Voting Aye:
John A. Ba@ Barbara M. Henley, Clarence A. Holland, M.D. ,
W. H. Kitchin, 111, Reba S. McClanan, Mayor J. Henry McCoy,
Jr., D.D.S., Meyera E. Oberndorf, and Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
F. Reid Ervin, Vice Mayor Harold Heischober, and Donald W.
Merrick
5 2-
ITEM II-H.2 ITEM #16700
Attorney Carl Markowitz appeared in behalf of the applicant requesting
withdrawal of the application.
Mr. Aldred Foreman, President, Newsome Farms Civic League, appeared
in opposition.
Upon motion by Councilman Holland, seconded by Councilwoman Oberndorf,
City Council voted to uphold the recommendation of the Planning Commission
and DENY the application of CARRIE L. GARDNER for a Change of Zoning
District Classification, as per the following,
Ordinance upon application of Carrie L. Gardner for a Change
of Zoning District Classification from R-6 Residentia@
District to B-2 Community Business District on certain pro-
perty located on the East side of Newtown Road beginning at
a point 164.30 feet South of Connie Lane, running a distance
of 44 feet along the East side of Newtown Road, running a
distance of 178 feet along the Southern property line,
running a distance of 53 feet along the Eastern property
line and running a distance of 178 feet aiong the Northern
property line. Said parcel contains .2 acre more or less.
BAYSIDE BOROUGH.
Voting: 8-0
Council Members Voting Aye: (for denial)
John A. Baum, Barbara M. Henley, Clarence A. Holland, M.D. ,
W. H. Kitch@ 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:
F. Reid Ervin, Vice Mayor Harold Heisqhober, and Donald W.
Merrick
- 53-
ITEM II-H.3 ITEM #16701
COUNCILMAN ERVIN RETURNED TO CHAMBERS
Attorney Leigh Ansell appeared in behalf of the applicant.
Upon motion by Councilman Holland, seconded by Councilwoman Oberndorf,
City Council voted to DEFER FOR THIRTY (30) DAYS the application of
TAYLOR B. CARR for a Change of Zoning District Classification, as per
the following: (June 22, 1981)
Ordinance upon application of Taylor B. Carr for a Change of
Zoning District Classification from B-3 Central Business
District to I-1 Ligbt Industrial District on certain property
located at the Southwest intersection of Kellam Road and
Columbus Street, running a distance of 297 feet along the
West side of Kellam Road, rtmning a distance of 281.07 feet
along the Southern property line, running a distance of 297
feet along the Western property line and running a distance
of 281.07 feet along the South side of Columbus Street.
Said parcel contains 1.80 acres. BAYSIDE BOROUGH.
Voting: 9-0
Council Members Voting Aye: (for deferral)
John A. Baum4 F. Reid Ervin, Barbara M. Henley, Clarence A.
Holland, M.D., W. H. Kitch@ 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:
Vice Mayor Harold Heischober, and Donald W. Merrick
- 54-
ITEM II-H.4 ITEM #16702
Attorney Jack Osmond appeared in behalf of the applicant.
Upon motion by Councilman Kitchin, seconded by Councilwoman Henley,
City Council voted to uphold the recommendation of the Planning Commission
and APPROVE the application of WILLIAM C. CLARKE for a Change of Zoning
District Classification, as per the following, subject to the conditions
outlined in the City Manager's letter:
ORDINANCE UPON APPLLCATION OF WILLIAM C. CLARKE Z0581571
FOR A CHANCE OF ZONING DISTRICT CLASSIFICATION
FROM A-1 APARTMENT DISTRICT TO B-4 RESORT
COMMERCIAL DISTRICT
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
Ordinance upon application of William C. Clarke for a Change of Zoning
District Classification from A-1 Apartment District to B-4 Resort
Commercial District on certain property located on the North side of
2@3rd Street beginning at a point 200 feet West of Pacific Avenue, running
a distance of 100 feet along the North side of 23rd Street, running a
distance of 140 feet along the Western property line, running a distance
of 50 feet along the Northern prperty line and running a distance of
140 feet along the Eastern property line. Said parcel contains .32 acre.
VIRGINIA BEACH 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. City water and sewer.
3. An adequate drainage outfall system with all the necessary
downstream improvements and easenents is required.
This Ordinance shall be effective from date of adoption.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the Eighteenth day of May, 1981
5 5-
Voting: 9-0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, Barbara M. Henley, Clarence A.
Holland, M.D., W. H. Kitchin, III, Reba S. McClanan, Mayor
J. Henry McCoy, Jr., D.D.S., Meyera E. Oberndorf, and
Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
Vice Mayor Harold Heischober, and Donald W. Merrick
56-
ITEM II-H.5 ITEM #16703
The following appeared in behalf of the applicant:
Frederick H. Hodges, Executive Director, Volunteers
of America
Mr. John Perry
Dr. John Sutherland
Mr. Louis Speight
Mr. Henry Fyman
The following appeared in opposition:
Mr. Aldred Foreman
Mrs. Sadie Ringshaw
Upon motion by Councilman Holland, seconded by Councilman Ervin, City
Council voted to uphold the recommendation of the Planning Commission
and APPROVE the application of NATIONAL SOCIETY OF THE VOLUNTEERS OF
AMERICA: VIRGINIA BEACH POST, for a Conditional Use Permit, as per the
following, subject to the conditions outlined in the City Manager's
letter
ORDINANCE UPON APPLICATION OF NATIONAL SOCIETY OF TBE R0581391
VOLUNTEERS OF AMERICA; VIRGINIA BEACH POST, FOR A
CONDITIONAL USE PERMIT FOR A GROUP RESIDENCE FOR
DEVELOPMENTALLY DISABLED.
BE IT ORDAINED BY TBE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
Ordinance upon application of the National Soceity of the Volunteers
of America; Virginia Beach Post, for a Conditional Use Permit for a
group home for developmentally disable@on certain property located
on the West side of Lawrence Drive beginning at a point 311.80 feet
South of Goodman Road, running a distance of 230.88 feet along the
West side of Lawrence Road, running a distance of 447.05 feet along
the Southern property line, rtmning a distance of 232.07 feet along
the Western property line and running a distance of 436.82 feet along
the Northern property line. Said parcel contains 2.347 acres.
BAYSIDE BOROUGH.
Approval is subject to tbe following provisions in conjtmction with
the intended use of the land:
1. Standard improvements as required by the Site Plan Ordinance.
2. City water and sewer.
3. An adequate drainage outfall system with all the necessary
downstream improvements and easements is required.
4. A 17.5 foot dedication along Lawrence Drive.
5. Approval is for a maximum of 11 units.
This Ordinance shall be effective from date of adoption.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the Eighteenth da of Ma , 1981.
5 7-
Vot ing: 6- 2
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, Clarence A. Holland, M.D., W. H.
Kitchin, III, Mayor J. Henry McCoy, Jr., D.D.S.,* and Patrick
L. Standing
Council Members Voting Nay:
Reba S. McClanan, and Meyera E. Oberndorf
Council Members Abstaining:
Barbara M. Henley
Council Members Absent:
Vice Mayor Harold Heischober, and Donald W. Merrick
*On the advice of the City Attorney that the application needed approval
by tbe majority of Council, the Mayor changed his NAY vote to AYE.
5 8-
ITEM 11-H.6 ITEM #16704
David B. Oglesby, Jr., appeared in behalf of his application.
Upon motion by Councilman Kitchin, seconded by Councilman Ervin, City
Council voted to uphold the recommendation of the Planning Commission
and APPROVE the application of David B. Oglesby, Jr., for a Conditional
Use Permit, as per the following, subject to the conditions outlined in
the City Manager's letter:
ORDINANCE UPON APPLICATION OF DAVID B. OGLESBY, JR. R0581392
FOR A CONDITIONAL USE PERMIT FOR A PARKING LOT
BE IT ORDAINED BY TEIE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
Ordinance upon application of David B. Oglesby, Jr., for a Conditional
Use Permit for a parking lot on certain property located on the East
side of Atlantic Avenue beginning at a point 100 feet North of Fourth
Street, rtmning a distance of 100 feet along the East side of Atlantic
Avenue, running a distance of 150 feet along the Northern property line,
running a distance of 100 feet along the Eastern property line and
rtmning a distance of 150 feet along the Southern property line. Said
parcel contains 15,000 square feet. VIRGINIA BEACH BOROUGH.
Approval is subject to the following provisions in conjunction with
the intended use of the land:
1. Approval is for a period of two (2) years.
2. Compliance with the City's temporary parking lot criteria.
3. Sanitary facilities are to be provided (trash containers).
This Ordinance shall be effective from date of adoption
Adopted by the Council of the City of Virginia Beach, Virginia,
on the Eighteenth day of May, 1981.
5 9-
Voting: 9-0
Council Members Voting Aye:
John A. BaulN F. Reid Ervin, Barbara M. Henley, Clarence A.
Holland, 14.D., W. H. Kitchin, III, Reba S. McClanan, Mayor
J. Henry McCoy, Jr., D.D.S., Meyera E. Oberndorf, and
Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
Vice Mayor Harold Heischober, and Donald W. Merrick
60-
ITEM II-G.7 ITEM #16705
Attorney Grover C. Wright, Jr., appeared in behalf of the applicant
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 Sea Pines Associates for a Conditional
Use Permit, as per the following, subject to the conditions outlined
in the @ity Manager's letter:
AN ORDINANCE UPON APPLICATION OF SEA PINES ASSOCIATES R0581393
FOR A CONDITIONAL USE PERMIT FOR A TEMPORARY PARKING
LOT
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
Ordinance upon application of Sea Pines Associates for a Conditional
Use Permit for a temporary parking lot on certain property beginning
at the Southwest corner of Atlantic Avenue and 34tb Street, running
a distance of 210 feet along the West side of Atlantic Avenue, running
a distance of 130 feet in a Westerly direction, rtmning a distance of
90 feet in a Southerly direction, running a distance of 100 feet along
the North side of 33rd Street, running a distance of 300 feet along the
East side of Pacific Avenue and rtmning a distance of 230 feet along the
South side of 34th Street. Said parcel contains 1.31 acres. VIRGINIA
BEACH BOROUGH.
Approval is subject to the following provisions in conjunction with
the intended use of the land:
1. Approval is for a period of two (2) years.
2. Compliance with the City's temporary parking lot criteria.
3. Sanitary facilities are to be provided (trash containers).
This Ordinance shall be effective from date of adoption
Adopted by the Council of the City of Virginia Beach,
Virginia, on the Eighteenth day of May, 1981.
61-
Vot ing: 9-0
Council Members Voting Aye:
John A. Baun6 F. Reid Ervin, Barbara M. Henley, Clarence A.
Holland, M.D., W. H. Kitchin, III, Reba S. McClanan, Mayor
J. Henry McCoy, Jr., D.D.S., Meyera E. Oberndorf, and
Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
Vice Mayor Harold Heischober, and Donald W. Merrick
- 6 2-
ITEM II-H.8 ITEM #16706
Attorney James Pickrell appeared in behalf of the applicant.
Upon motion by Councilwoman Oberndorf, seconded by Councilman Baum,
City Council voted to uphold the recommendation of the Planning Commission
and APPROVE THE RENEWAL of the application of EXXON CORPORATION for a
Conditional Use Permit, as per the following, subject to the conditions
outlined in the City Manager's letter:
ORDINANCE UPON APPLICATION OF EXXON CORPORATION R0581394
FOR A CONDITIONAL USE PERMIT FOR AN AUTOMOBILE
SERVICE STATION
BE IT ORDAINED BY THE COUNCLL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
Ordinance upon application of Exxon Corporation for a Conditional Use
Permit for an automoblie service station on certain property located
at the Northeast corner of Indian River Road and Strickland Boulevard,
running a distance of 175 feet along the North side of Indian River
Road, running a distance of 175 feet along the Eastern property line,
rtmning a distance of 175 feet along the Northern property line and
running a distance of 175 feet along the East side of Strickland
Boulevard. Said parcel contains .7196 acre. KEMPSVILLE BOROUGH.
Approval is subject to the following provisions in conjunction with
the intended use of the land:
1. Standard improvements as required by the Site Plan Ordinance.
2. City water and sewer.
3. Public restrooms are to be provided.
4. An adequate drainage outfall system with all the
necessary downstream improvements and easements
is required.
5. Compliance with Article 2, Section 224 of the Comprehensive
Zoning Ordinance pertaining to Automobile Service Stations.
6. Two curb-cuts are to be allowed on Indian River Road, provided
each is a maximum of 24 feet in width, and marked appropriately
for in-only and out-only traffic.
7. One curb-cut with a maximum width of 35 feet is to be allowed
on Strickland Boulevard.
8. A 25-foot scenic easement is required along Indian River Road.
This Ordinance shall be effective upon date of adoption.
Adopted by the C6uncil of the City of Virginia Beach,
Virginia, on the Eighte6nth day of May, 1981.
6 3-
Voting: 9-0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, Barbara M. Henley, Clarence A.
Holland, M.D., W. H. Xitchin, 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,
Vice Mayor Harold Heischober, and Donald W. Merrick
-6 4-
ITEM II-H.9 ITEM #16707
Attorney Donald H. Rhodes appeared in behalf of the applicant.
TJpon motion by Councilwoman Oberndorf, seconded by Councilman Holland,
City Council voted to uphold the recommendation of the Planning Commission
and APPROVE the application of ANTENNA RENTALS, A VIRGINIA GENERAL
PARTNERSHIP, for a Conditional Use Permit, as per the following, subject
to the conditions outlined in the City Manager's letter:
ORDINANCE IJPON APPLICATION OF ANTEMA RENTALS, R0581395
A VIRGINIA GENERAL PARTNERSHIP, FOR A CONDITIONAL
USE PERMIT FOR A COMMUNICATIONS TOWER AND ACCESSORY
FACILITIES
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
Ordinance upon application of Antenna Rentals, a Virginia General
Partnership, for a Conditional Use Permit for a commtmications
tower and accessory facilities on certain property located on the
North side of Kempsville Road beginning at a point 300 feet MC)re
or less West of Centerville Turnpike, running a distance of 50
feet along the North side of Kempsville Road, running a distance
of 1050 feet more or less in a Northwesterly directio@ rtmning a
distance of 290.60 feet in a Southwesterly direction, running a
distance of 1480.23 feet in a Northwesterly direction, rimning a
distance of 550.30 feet in a Northeasterly direction and running
a distance of 2500 feet more or less in a Southeasterly direction.
Said parcel contains 15.7 acres. KEMPSVILLE BOROUGH.
Approval is subject to the following provisions in conjunction with
the intended use of the land:
1. Standard improvements as required by the 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.
4. Adequate drainage outfall system with all the necessary downstream
improvements and easements will be handled during site plan review.
This Ordinance shall be effective from date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia,
on the Eighteenth day of May, 1981.
6 5-
Voting 8-1
Council Members Voting Aye:
John A. Bauu6 F. Reid Ervin, Barbara M. Henley, Clarence A. Holland,
M.D., W. H. Kitchin, III, Mayor J. Henry McCoy, Jr., D.D.S., Meyera
E. Oberndorf, and Patrick L. standing
Council Members Voting Nay:
Reba S. McClanan
Council Members Absent:
Vice Mayor Harold Heischober, and Donald W. Merrick
5 1 8 81
- 6 6-
ITEM II-H-.10 ITEM #16708
Attorney A. Raymond Young appeared in behalf of the applicant.
Upon motion by Councilman Holland, seconded by Councilman Ervin, City
Council voted to uphold the recommendation of the Planning Commission
and APPROVE the application of MARY RUTH JONES SCOTT for avariance
to Section 4.4(d) of the Subdivision ordinance as follows:
Appeal from Decisions of Administrative Officers in regard to
certain elements of the Subdivision Ordinance, Subdivision for
Mary Ruth Jones Scott. Property located on the South side of
Sajo Farm Road, Southeast of the intersection with Shell Road.
Plats with more detailed information are available in the
Department of Planning.
The applicant requests a variance to Section 4.4(d) of the
Subdivision Ordinance which requires that each lot created
through subdivision have direct access to a public street.
The applicant wishes to subdivide an approximately 9.122
acre site into two (2) lots. This property is located
along Sajo Farm Road, approximately 500 feet South of Shell
Road.
Voting: 9-0
Council Members Voting Aye:
John A. BaLur6 F. Reid Ervin, Barbara M. Henley, Clarence A. Holland,
M. D., W. H. Kitchin, III, Reba S. McClanan, Mayor J. Henry McCoy,
Jr., D.D.S., Meyera E. Oberndorf, and Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
Vice Mayor Harold Heischober, and Donald W. Merrick
-6 7-
C I T Y C 0 D E A M E N D M E N T S
ITEM II-1.1 ITEM #16709
Upon motion by Councilman Ervin, seconded by Councilwoman Henley,
City Council voted to uphold the recommendation of tbe Planning Commission
and ADOPT the Ordinance to amend and reordain Article 8, Section 802
of the Comprehensive Zoning Ordinance pertaining to lot width in the
0-1 District:
AN ORDINANCE TO AMEND AND REORDAIN
ARTICLE 8, SECTION 802
OF THE COMPREHENSIVE ZONING ORDINANCE
PERTAINING TO MINIMUM LOT WIDTH
IN THE 0-1 DISTRICT
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA:
That Article 8, Section 802, Minimum Lot Area, Lot Width,
Yard Spacing and Maximum Lot Coverage Regulations, of the C.Z.O. is
amended and reordained as follows:
802. Minimum Lot Atea, Lot Width, Yard Spacing and Maximum
Lot Coverage Regulations
[a] The minimum lot area shall be lgrggg 5,000 square
feet, provided, however, that the min m@um lot area
for churches shall be three (3) acres.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the Eighteenth day of May, 1981.
6 8-
Voting: 9-0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, Barbara M. Henley, Clarence A.
Holland, M.D., W. H. Kitchin, III, Reba S. McClanan, Mayor
J. Henry McCoy, Jr., D.D.S., Meyera E. Oberndorf, and
Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
Vice Mayor Harold Heischober, and Donald W. Merrick
-6 9-
W A T E R U S A G E R A T E S
ITEM II-I.2 ITEM i/16710
Upon motion by Councilwoman Henley, geconded by Councilman Baum, City
Council voted to DEFER the Ordinance to amend and reordain Section 37-33
Cbapter 37, (as amended by Ordinance No. 1140), of the Code of the City
of Virginia Beach relating to the Water Usage Rates.
Voting: 9-0
Council Members Voting Aye: (for deferral)
John A. Bau@ F. Reid Ervin, Barbara M. Henley, Clarence A.
Holland, M.D., W. H. Kitchin, III, Reba S. McClanan, Mayor
J. Henry McCoy, Jr., D.D.S., Meyera E. Oberndorf, and
Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
Vice Mayor Harold Heisch6ber, and Donald W. Merrick
- 70 -
AN ORDINANCE TO AMEND AND REORDAIN
SECTION 37-33, CHAPTER 37, (AS AMENDED
BY ORDINANCE NO. 1140) OF THE CODE OF
OF THE CITY OF VIRGINIA BEACH RELATING
TO THE WATER USAGE RATES
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA:
Tbat Section 37-33 of the Code of the City of Virginia Beach,
Virginia, (as amended by Ordinance No. 1140), is hereby amended to read
as follows:
Section 37-33. Water Usage Rates.
In addition to the charges provided for in Section 37-32,
each consumer shall pay for water usage the rate of @i-.;l $1.44 per
thousand gallons 44@199 $1.08 per hundred cubic feet).
The above water usage rate shall become effective with all
water consumed on and after June 1, 1981.
DEFERRED BY CITY COUNCIL: 18 May 1981
This Ordinance shall be effective on and after the date of
its adoption.
Adopted by the Council of the City of Virginia Beach, Virginia,
on the day of 1 9 81
71-
E X P E D I T I 0 N 0 F P L A R N I N G I T E M
ITEM #16711
COUNCILMAN ERVIN LEFT CHAMBERS
Upon motion by Councilwoman McClanan, seconded by Councilman Holland,
City Council voted to authorize simultaneous advertising of the
application of FRANK E. BUTLER for a change of zoning from R-6 Residential
District to A-2 Apartment District. The expedition of this matter is
due to an error in the advertising.
Voting: 8-0
Council Members Voting Aye:
John A. Ba@ Barbara M. Henley, Clarence A. Holland, M.D.,
W. H. Kitchin, III, Reba S. McClanan, Mayor J. Henry McCoy,
Jr., D.D.S., Meyera E. Oberndorf, and Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
F. Reid Ervin, Vice Mayor Harold Heischober, and Donald W.
Merrick
- 7 2-
ITEM II-J.1 ITEM #16712
COUNCILMAN ERVIN RETURNED TO CHAMBERS
Upon motion by Councilman Holland, seconded by Councilwoman Oberndorf,
City Council voted to ADOPT the Resolution opposing the closing of the
United States Public Health Service Hospitals and Clinics, and requested
the hospitals continue being maintained.
Voting: 9-0
Council Members Voting Aye:
John A. BaurN F. Reid Ervin,* Barbara M. Henley, Clarence A.
Holland, M.D., W. H. Kitchin, III, Reba S. McClanan, Mayor
J. Henry McCoy, Jr., D.D.S., Meyera E. Oberndorf, and
Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
Vice Mayor Harold Heischober, and Donald W. Merrick
7 3-
CLOSING THE U.S. PUBLIC HEALTH SERVICE HOSPITALS 9 CLINICS
R E S 0 L U T I 0 N
WHEREAS, The Reagah Administ)Lation haA p-topozed budget cutz which witt
6o,%ce the cto4ing o6 the 116-bed Pubtic Heaf-th Sekvice Ho4pitat
at 6500 Hampton Boutevatd, and zeven (7) othet 6uch ho.6pitat.6
and twenty-zeven (27) Outpatient CZinicz, atound the Countxy;
and,
WHEREAS, The Pubtic HeaY-th Se,%vice HoApitat heto- in No,%6otk, in addition
to .6etving .6ick and di.6abY-ed zeamen, atso zetvez othe,% @izen.6
in need, inctuding City )Lezidentz who come itom medicazty
unde,tze,tved atea.6, .6tatutoty jedetat bene6iciatiez inctuding
Ame,tican Seamen, Pubtic Heatth Se)Lvice 066icetz, Coazt Guatd and
Nationat Oceanic and AtmozpheAic Adm.4nizttation peazonney-, and
othex jedetat bene6iciatiez 4uch az active duty and )Leti,%ed
pe,%Aonnet in the Depaxtment oi De6enze and theit dependentz, and
Fedexat Emptoyee'z Compenzation; and,
WHEREAS, The hozpitat p,%ovide4 accute inpatient medicat and zu,%gicaz
ze,tvicez, and azcohotizm and detoxiiication and Aehabititation
ze,%vicez with 50% o4 the patientz in the Pxogxam community
,tesidentz az weez az many outpatient zexvicez; and,
WHEREAS, Speciatty .6etviceZ o66eted at the hozpitat inctude, Gynecotogy,
Pediat,ticz, Dentay-, Detmatotogy, OtotatyngoZogy, Thetapeutic
PZa.6tic SuAgexy, Putmonotogy, Famity PZanning, GenetaE SuAgexy,
Inte,tnat Medicine, Nuttitiona-e Counzeting, Otthopedicz,
Rheumatof-ogy, Sociat Se)tvice-6, Utotogy, and Pxima-ty Ca/Le Ttack
o6 Inte)Lna-e Medicine; and,
WHEREAS, The hozpitaz azzo pxovidez ancitta)Ly ze,%vicea con4izting o6
Radiol-ogy, Phyzicat The)Lapy (inctuding tehabizitative 4etvicez),
Pathotogy, InhaZation Thetapy and Phatmacy; and,
WHEREAS, In addition, the ho4pitat ope)Lates zevexat zpeciat. p)Logtamz
zuch az the ptepatation o6 meatz 6o)L homebound zenio,% citizenz
in the community and azzo zenio,% citizen4 on modi6ied diet4;
the Dietaty Depattment atzo pxovide4 nut-titionat counzezing in
the NoA6otk PubZic Heatth Depa,%tment CtinicA and the hozpitat.41
CY-inicat Labo)Latoty pe,%6oxmz btood anatyziz 6o,% the Notiotk
PubZic Heatth DepaAtment Ctinicz. The ho-6pitazl.6 Dentat Ctinic
conductz a Pteventive DentaZ Ptogxam in the a,%ea 4choot zy4temz.
The ho-6pitat atzo zetves a.6 the educationat Aite 6o)L medicat
ztudentA, medicat %ezidents, physicat the)tapy .6tudentz, sociat
ze,tvice .6tudent.6, nu,%.6ing .6tudentz, dentaz hygiene ztudentz,
dentat az,6iztant ztudents, denta-e geneaat ptactice 'te4identz,
ho,6pitat admini.6t)Lative intexns, pha,%macy ztudentz; and in
addition, many o6 the hoApitaY- Ata66 jitz teaching po4itionz
at EazteAn Vitginia Medicat SchooY- and etzewhe,%e; and,
WHEREAS, The hozpitaz zetvez at the 4ite 6ot ho,6pitatization oi Migtant
Fa)Lm Woxke)Lz o6 the Ea4texn Shote o6 Vixginia; and,
WHEREAS., SeveAat .6ection-6 o6 thi4 community ate "Heatth Manpowet Shottage
A,teaz" o)c "MedicaZZy UndetzeAved Atea,6" and in addition, hozpitat
petzonnet have Aezponded to Nationat Eme)Lgencie4 when needed; the
tatezt oi which was the Cuban/Haitian Re6ugee CXi.6i4 when twenty-
two (22) ho-6pitat zta66 membe,%.6 .6e&ved in Feo,%ida, Atkanzaz,
Pennsytvania and Wiscon-6i4 Re6ugee CenteX.6; and,
- 74-
WHEREAS, The ho,6pitat i,6 a vatuabte, dependabte and tatge-ey indizpen-6ab-te
tezoutce in NoiLioEk',s ovetatt medicat cate community, ezpecia-e-ey
jo)t the Metchant Seamen and othe& Fedetat beneiiciatie-6 who
,teceive cate the,%e, and ta&ge poputation o6 Depa,%tment o6
Dejenze beneiiciatie4 who tezy heavity on the hozpitat and itb
p,tog)Lam6 to ptovide nece,6.6a4y se,%vicez that the Navat Regionat
MedicaZ Centet, becau,6e o6 its wotktoad, cannot handte; and,
WHEREAS, The hozpitat emptoy.6 af-mozt 400 Tidewatex a)Lea te,6ident,6; and,
WHEREAS, Becauze oi att o6 the above teazonz the ctosing o6 the hozpitat
.6houtd be opposed by att those who cate about quatity heatth cate
@o,t ouA citizens.
NOW, THEREFORE, BE IT RESOLVED BV THE CITV COUNCIL OF VIRGINIA BEACH:
That it utge,6 Pte-6ident Reagan to teconside)L hiz p)Lopozed
ctozing o6 the hospitat; and,
BE IT FURTHER RESOLVED, That ii Ptesident Reagan dectinez to tecon-6idet
hi,s ptopozed ctosing o6 the ho-6pitat, that Congte-6s iz he)Leby
u,tged to btock Such a ct-o-6ing; and,
BE IT FURTHER RESOLVED, That a copy o6 this Rezotution be zent to
P)te,6ident Reagan, Senate Majotity Leadet Howatd H. Baket,
J,t., Speaket o6 the Houze, Thomaz P. "Tip" O'Neitt, and
Membe,%.6 oi the ViiLginia Congtezzionat DeEegation.
Adopted by the Councit oi the City oi Vi)Lginia Beach, Vitginia,
on the - Eighteenth day o6 May 1 1987
7 5-
N E W B U S I N E S S
ITEM II-K.1 ITEM #16713
Upon motion by Councilman Baum, seconded by Councilman Holland, City
Council voted to accept the low bid of SYDNOR HYDRODYNAMICS, INC.,
for the Southampton County Water Production Well; and, authorize
the City Manager to negotiate the bid to clarify questions concerning
the greater size pump.
Voting: 7-2
Council Members Voting Aye:
John A. Baul% Barbara M. Henley, Clarence A. Holland, M.D.,
W. H. Kitchin, III, Reba S. McClanan, Mayor J. Henry McCoy,
Jr., D.D.S., and Patrick L. Standing
Council Members Voting Nay:
F. Reid Ervin, and Meyera E. Oberndorf
Council Members Absent:
Vice Mayor Harold Heischober, and Donald W. Merrick
7 6-
A D J 0 U R N M E N T
ITEM II-L.1 ITEM #16714
Upon motion by Councilman Ervin, City Council adjourned at 3:50 p.m.
Diane M. Hickman, Deputy City Clerk
Ru'th Hodges Smith, City Clerk n C 0y,
Approved with Correction of
Item #16695
June 1, 1981 n
City of Virginia Beacb,
Virginia
18 May 1981
dmh/asd