HomeMy WebLinkAboutOCTOBER 12, 1981 MINUTES
"IIORLD'S LARGEST RESORT CITY"
CITY COUNCIL
MAYOR J. HENRY M,.COY JR., D.D.S., X..P-iii, B.-gh
VICE-MAYOR HAROLD HEISCHOBER, A, L.,C.
JOHN A. BAUM, B.@.gb
E. T. BUCHANAN. B.@.gb
F. REID ERVIN, A, L.,g,
BARBARA M. HENLEY, P-g. B.@-96
CLARENCE A. HOLLAND, M.D., B.y.id, B-@.gh
W. H. KITCHIN, Ill. Villi.i. B--h B-@-9b
REBA S. M@CLANAN, Pi .... A... S.@.gb
MEYERA E. OBERNDORF, A, L.,g, 212 CITY HALL BUILDINC
PATRICK L. STANDING, A, L.,g, MUNICIPAL CLINTER
VIRGINIA BEACH, VIRGINIA 23436
RUTH HODGES SMITH, Ci,y Cl,,k (804) 4Z7-4303
CITY COUNCIL AGENDA'
October 12, 1981
ITEM I INFORMAL SESSION: 12:30 p.m.
A. CALL TO ORDER - MAYOR J. HENRY MCCOY, JR.
B. ROLL CALL OF COUNCIL
C. MOTION TO RECESS INTO INFORMALIEXECUTIVE SESSION
D. PRESENTATION/DISCUSSION OF PERTINENT MATTERS
1. Matters for discussion by Mayor.
2. Matters for discussion by Council.
3. 1982-83 Budget Process: Discussion.
4. SPSA's Regional Water Proposal: Discussion.
5. Councilmanic Proposals for Legislative Package: Discussion of
possible proposals Councilmembers may wish to inclucle in up-
coming legislative package.
ITEM II FORMAL SESSION: 2:00 p.m.
A. INVOCATION: Reverend Melvin Hughes
Princess Anne Plaza Baptist Church
B. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AKERICA
C. ELECTRONIC ROLL CALL OF COUNCIL
D. MINUTES OF PREVIOUS MEETING:
1. Motion to accept/approve t.he Minutes of October 5, 1981.
ITEM II E. 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 itein will be removed from
the Consent Agenda and considered separately.
1. Ordinance to authorize the accluisition of property in fee
simple and necessary permanent and temoorary easements for
Beggars Bridge Replacement, either by agreement or by condem-
nation.
2. Ordinance to authorize the acquisition of property in fee
simple for right-of-way for North Virginia Beach Sanitary
Sewer and Water facilities project and acquisition of tem-
porary and permanent easements of right-of-way, either by
agreement or by condemnation.
3. Appointment of Viewers in the application of A. L. and Elnora
D. Richard, Ronald E. and Marie D. Murphy and Honeysan Cor-
I>oration for a petition for the closure of a portion of 23rd
Street (Princess Anne Borough).
4. Appointment of Viewers in the application of Mr. R. W. Tbwn-
send for a petition for the closure of a portion of Penn-
sylvania Avenue (Virginia Beach Borough).
It is the recommendation of the City Attorney that the appoint-
ment of viewers be DEFERRED for one week due to insufficient
in-ormation.
5. Request of the City Treasurer for tax refunds in the amount of
$1,266.11.
6. Ordinance, on SECOND READING, for entering into contracts
with the Southeastern Tidewater Area Manpower Authority to
fund the City's CETA employment programs, and to appropriate
these funds.
F. PLANNING ITEMS
1. New Items
a. Application of an Broadcastincr for a change
of zoning from @ Residential to m
on a 35.3-acre parcel located along the east side
of Centerville Turnpike, north of Landfill Road (Kempaville
Borough).
1. Letter from the City Manager transmits this applica-
tion is forwarded with = recommendation from the
Planning Commission. The motion for approval and the
motion for denial failed.
Attorney for the applicant submits a relaest for pErEgghL.
ITEM II F. PLANNING ITEMS (continued)
1. New Items (continued)
b. Application of @c ]L for a change of zoning from
@l to ka District on a
.68-acre parcel located on the west side of South Kentucky
Avenue, south of First Street (Kempsville Borough).
1. Letter from the City Manager transmits the recommenda-
tion of the Planning Commission to allow RAWAL.
c. Application of L.. r W SS. @ g= R= L.
A" U 2= for a change of zoning from k&
al to @l on a 6.844-
acre parcel located along the north side of Baxter Road,
west of Holland Road (Kempsville Borough).
1. Letter from the City Manager transmits the recommenda-
tion of the Planning Commission for
d. Application of &.- @d P.L McClenny for a
change of zoning from ]U Residential District to kl
in.e.s.s. District on a 5.2-acre parcel located
along the west side of Kempsville Road, south of Indian
River Road (Kempsville Borough).
1. Letter from the City Manager transmits the recommenda-
tion of the Planning Commission for
e. Application of 1, AssociateB/Lynn
for a change of zoning from B-2 Communitv-Busineffa DiS-
to @4 on a 1.5-acre
parcel located along the south side of Shore Drive, west
of Starfish Road (Lynnhaven Borough).
1. Letter from the City Manager transmits the recommenda-
tion of the Planning Commission for
f. Application of @ L.. A= Roberts, for a
conditional use permit for a n
on a .268-acre ,3arcel located on the south side of Rolle-
ston Drive, east of Lord Dunmore Drive (Kempsville Borough).
1. Letter from the City Manager transmits the recormenda-
tion of the Planning Commission for
g. Application of Biruta for a conditional use permit
for a L= on a
.263-acre parcel located at the southeast corner of Cape
Henry Drive and Red Tide Road (Lynnhaven Borough).
1. Letter from the City Manager transmits the recommenda-
tion of the Planning Commission for
ITEM II F. PLANNING ITEMS (continued)
1. New Items (continued)
h. Application of g= Bonomo for a to Section
4.4(b) of the Subdivision Ordinance which requires lot
dimensions to conform to the Comprehensive Zoning Ordi-
nance. She wishes to subdivide a ten-acre parcel into
two five-acre parcels (Blackwater Borough).
1. Letter from the City Manager transmits ti'le recom-
mendation of the Planning Commission for approval.
i. Application of d Blanche SS_ Brackman for
a variance to Section 4.4(b) of the Subdivision Ordi-
nance which requires lot dimensions to conform to the
Comprehensive Zoning Ordinance. They wish to sub-
divide approximately 1.5 acres into two lots. This
4ite is located at the western extremity of Pine
Ridge Lane and is zoned R-4 Residential District. A
single-family home currently exists on proposed Lot A,
and the surrounding area is single-family residential
in nature (Lynnhaven Borough).
1. Letter from the City Manager transmits the recom-
mendation of the Planning commission for approval.
G. Ordinances
1. City Code Amendments
a. Ordinance to amend and reordain Section 18-2g.of the Code
of the City of Virginia Reach pertaining to examination
and audit of licensee's records.
b. Ordinance to amend and reordain Division 2 of Article Ii
of Chapter 2 of the Code of the City of Virginia Beach,
Virginia, relating to administration of the Basic Pay
Plan.
2. Low Bid
a. Low bid of Rea Birsch Construction Company, in the ainount
of $1,748,636.21, for the Kempsville Road, Phase I, Pro-
ject; and, authorize the City Manager to enter into the
necessary agreements for the implementation of this pro-
ject.
H. APPOINTMENTS
1. Personnel Board
ITEM ii I. UNFINISHED BUSINESS
J. NEW BUSINESS
X. ADJOURNMENT
1. Motion to adjourn
M I N U T E S
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
12 October 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 City Hall Building, on Monday, October 12, 1981, at Twelve-
Thirty in the afternoon.
Council Members Present:
John A. Baum, F. Reid Ervin, Vice Mayor Harold Heischober,
Barbara M. Henley, Clarence A. Holland, M.D., W. H. Kitchin,
III, Reba S. McClanan, Mayor J. Henry McCoy, Jr.i D.D.S.,
Meyera E. Oberndorf
Council Members Absent:
E. T. Buchanan, and Patrick L. Standing*
ITEM #17245
Mayor McCoy entertained a motion to permit Council to conduct its
INFORMAL SESSION to be followed by an EXECUTIVE SESSION for the
purpose of discussing the following:
1. (PERSONNEL MATTERS): Discussion or consideration of
employment, assignment, appointment, promotion,
performance, demotion, salaries, disciplining or
resignation of public officers, appointees or employees.
2. 'LICL' 'EL@ PROPERTY): Discussion or consideration
';Ut
o h, cnditon, acquisition or use of real property
for public purpose, or of the disposition of publicly
held property, or of plans for the future of an
institution which could affect the value of property
owned or desirable for ownership by such institution.
3. (LEGAL MATTERS): Consultation with legal Counsel and
6riefing by staff members, consultants or attorneys,
pertaining to actual or potential litigation, or other.
legal matters within the jurisdiction of the public
body.
2-
Upon motion by Councilman Baum, seconded by Councilman Holland, City
Council voted to proceed into the EXECUTIVE SESSION following the
INFORMAL SESSION.
Voting: 9-0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, Vice Mayor Harold Heischober,
Barbara M. Henley, Clarence A. Holland, M.D., W. H. Kitchin,
III, Reba S. McClanan, Mayor J. Henry McCoy, Jr., D.D.S., and
Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
E. T. Buchanan, and Patrick L. Standing*
COUNCILMAN STANDING ENTERED MEETING AT 12:55 p.m.
3-
m A T T E R S B Y T H E M A Y 0 R
HOLIDAYS ITEM #17246
It was the consensus of Council to meet December 21, 1981; however,
Council will cancel the meeting of December 28, 1981.
POSEIDIA INSTITUTE ITEM #17247
Mayor McCoy made reference to a letter received from the Poseidia
Institute concerning their request for a Raffle Permit.
The City Attorney advised that his office is still awaiting an
answer from the Attorney General and, it was his understanding
that Poseidia Institute was to present to Council a letter from
the Internal Revenue Service regarding their tax exempt status.
It was noted that this matter was forwarded to the Commonwealth
Attorney as only Constitutional Officers are permitted by law to
submit requests directly to the Attorney General.
This matter will be placed on the INFORMAL AGENDA of October 19, 1981.
INTERCHANGE ITEM #17248
Mayor McCoy made reference to a letter received from Al Etheridge
concerning the three alternatives for constructing an interchange.
The City Manager requested this matter be handled administratively;
however, it will be on the INFORMAL AGENDA of October 19, 1981.
M A T T E R S B Y T H E C 0 U N C I L
REAPPOINTMENT ITEM #17249
Councilman Ervin advised that he noted during his absence of
.October 5, 1981, he was reappointed to the HAMPTON ROADS AIR
POLLUTION CONTROL DISTRICT COMMISSION.
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APPOINTMENTS HELD IN ABEYANCE ITEM #17250
Councilman Ervin noted in the Minutes of October 5, 1981, that appointments
to the BOARD OF PLUMBING AND MECHANICAL APPEALS was held in abeyance, and
advised he has received several telephone calls from contractors concerned
with the City not advising out-of-town contractors, who do business in
this City, that certain changes are being made in our permit procedures.
RESOLUTION/IMPACT FUNDS ITEM #17251
As a result of the request by Doctor E. E. Brickell, Superintendent
of Schools, Councilwoman Henley will present a Resolution for Council's
consideration supporting Impact Funds (Goodman Amendment).
This Resolution will be presented for formal vote in the FORMAL SESSION
after the i-eading of the Minutes.
FUEL OIL TAX ITEM #17252
Councilwoman Henley requested information concerning the Fuel Oil
Tax .
The City Manager advised that the City of Norfolk was meeting on
October 6, 1981, and requested Council delay this matter until
the outcome of Norfolk's decision.
CZO/CLUSTER HOUSING ITEM #17253
Councilwoman Henley advised that on October 26, 1981, the City Council
will consider an amendment to the Comprehensive Zoning Ordinance
regarding Cluster Housing. The amendment is involved and complicated
and requested that the Planning Director present an indepth report
on this matter during the INFORMAL SESSION of October 19, 1981.
5-
TRAFFIC PROBLEMS ITEM #17254
Councilwoman Henley advised that during the past few weeks several
matters concerning traffic have been brought to Council's attention,
which have been taken care of by the Borough Council Members.
A letter was received from the Baylake Pines Civic League requesting
"no-thrull traffic signs and a reduced speed limit signs.
In the Kings Grant area the residents are requesting a traffic light
in their area, and advised it had been approved by the City.
The City Manager advised that the light for Kings Grant has not been
approved as it cannot be justified by the area residents..
Councilwoman Henley made reference to a letter received from Mr. Kelly
concerning the traffic problems at the corner of Princess Anne Road
and Corner Road at the Carper Apartments. Mr. Kelly requested a
Walk/No Walk signal.
The City Manager advised that he notified the Admiral of this matter
and indicated if the Navy would "split the cost" the City would
recommend approval of this.
BOND INFORMATION ITEM #17255
Councilman Ervin requested information concerning Water Project
5930, and asked if the report has been completed.
The City Manager advised Council that he placed in their "For Your
Information" section of the Agenda information on that Project; however,
the Director of Public Utilities would be the one to contact for
further information.
RECOMMENDATIONS ITEM #17256
Councilwoman Oberndorf advised Council of a letter sent to Mayor
McCoy making recommendations in an effort to get the Council to
work more cohesively, and to assert more responsiveness to the
public, themselves and the people employed directly by City Council.
Councilwoman Oberndorf suggested Mayor-Appointed Standing Committees
with two Counc.il Members serving each Committee, and further suggested
Council establishing a regular evaluation for Council -Appointees.
- 6-
I N F 0 R M A L A G E N D A
BUDGET PROCESS ITEM #17257
The City Manager advised he has forwarded to all Department Heads
the Budget Preparation Docket.
Councilwoman McClanan requested the first Monday meeting in November
(November 2, 1981), be an INFORMAL BRIEFING SESSION to permit Council
to discuss the preparation of the Budget. The meeting will begin at
1 1 : 00 a m.
Councilman Baum asked the City Manager to prepare a brief outline of
"choice" items for Council's consideration in giving direction to the
City Manager.
Discussion of SPSA'S Regional Water Proposal will be discussed under
UNFINISHED BUSINESS during the FORMAL SESSION.
Discussion of Councilmanic Proposals for Legislative Package will be
discussed under UNFINISHED BUSINESS during the FORMAL SESSION.
City Council recessed into EXECUTIVE SESSION, (1:45 p.m.)
7-
F 0 R M A L S E S S I 0 N
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
12 October 1981
2:30 p.m.
Council Members Present:
John A. Baum, Vice Mayor Harold Heischober, Barbara M.
Henley, Clarence A. Holland, M.D., W. H. Kitchin, III,
Reba S. McClanan, Mayor J. Henry McCoy, Jr., D.D.S.,
and Patrick L. Standing
Council Members Absent:
E. T. Buchanan, F. Reid Ervin*, and Meyera E. Oberndorf*
INVOCATION: Reverend Melvin Hughes
Princess Anne Plaza Baptist Church
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
- 8-
M I N U T E S
ITEM II-D.I. ITEM # 17258
Upon motion by Councilman Standing, seconded by Councilwoman Henley,
City Council voted to APPROVE the Minutes of the Regular Meeting of
October 5, 1981.
VOTING: 8-0
Council Members Voting Ay6:
John A. Baum, Vice Mayor Harold Heischober, Barbara M.
Henley, Clarence A. Holland, M.D., W. H. Kitchin, III,
Reba S. McClanan, Mayor J. Henry McCoy, Jr., D.D.S.,
and Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
E. T. Buchanan, F. Reid Ervin*, and Meyera E. Oberndorf*
*COUNCILMAN ERVIN ENTERED MEETING AT 2:42 p.m.
- 9-
R E S 0 L U T I 0 N S
ITEM # 17259
Upon motion by Councilwoman Henley, seconded by Councilman Standing,
City Council voted to ADOPT the Resolution to support IMPACT AID to
School districts, such as Virginia Beach, which are truly impacted
by military related dependents, at a level of funding at least equal
to that which the City is currently receiving.
Voting : 9-0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin*, Vice Mayor Harold
Heischober, Barbara M. Henley, Clarence A. Holland,
M.D., W. H. Kitchin, III, Reba S. McClanan, Mayor J.
Henry McCoy, Jr., D.D.S., and Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
E. T. Buchanan, and Meyera E. Oberndorf*
COUNCILWOMAN OBERNDORF ENTERED MEETING AT 2:43
*COUNCILMAN ERVIN VOICED A VERBAL "AYE"
R E S 0 L U T I 0 N
WHEREAS, the City of Virginia Beach School System
has appro@:imately 54,800 students; and
WHEREAS, 21,800 of these students or 40% are military
dependents or dependents of civilians working at military bases
in the Tidewater area; and
WHEREAS, through Public Law 874, Virginia Beach has
received Impact Aid to offset the costs of educating these
military related students, which is anticipated to be
approximately $7 million for FY 81-82; and
WHEREAS, the President of the United States has
proposed various options for either eliminating or greatly
reducing Impact Aid to many localities throughout the country,
wliich Conaress is currently considering; and
WHEREAS, t.he cost of educatioii for all taxpayers in
Virginia Beach is truly impacted by the presence of military
related sl@-udents in the school sys-lem.
NOW, THERFFORE, BE IT RESOLVED BY THE COUNDIL OF
THE CITY OF VIRGINIA BEACH, that Congress is strongly urged
to continue to -Drovide Impact Aid to school districts such as
Virg'@iiia Beach, which are truly impacted by military related
dependerits, at a level of funding at least equal to that which
we are currently.
receiving.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the Twelfth day of 0 ctober, 1981.
ITEM II.E.1 ITEM # 1 7 260
Upon motidn by Councilwoman Henley, seconded by Councilman Standing,
City Council voted to uphold the recommendation of the City Manager
and ADOPT the Ordinance authorizing the acquisition of property in
fee simple and necessary permanent and temporary easements for
Beggars Bridge Replacement, either by agreement or by condemnation.
(Muddy Creek Road Project)
Voting: 10 -0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, Vice Mayor Harold
Heischober, Barbara M. Henley, Clarence A. Holland,
M.D., W. H. Kitchin, III, Reba S. McClanan, Mayor J.
Henry McCoy, Jr., D.D.S., Meyera E. Oberndorf and
Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
E. T. Buchanan
Requested by Public Works - 12-
AN ORDINANCE TO AUTHORIZE THE ACQUISITION
OF PROPERTY IN FEE SIMPLE AND NECESSARY
PERMANENT AND TEMPORARY EASEMENTS FOR
BEGGARS 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 to provide transportation facilities and for other public
purposes for the preservation of the safety, health, peace, good order,
convenience,niDrale 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 Sections 15.1-236,
et seq., 15.1-898, and 15.1-899, and Section 33.1-89, et seq., Code of
Virginia of 1950, as amended, all that certain property and permanent easements
including temporary easements of right-of-way as shown on the plans:
"BEGGARS BRIDGE REPLACEMENT MUDDY CREEK ROAD VIRGINIA BEACH, VIRGINIA -
PROJECT NO. 2953," these plans or plats beirig on file in the office of Real
Estate, Department of Public Works, Virginia Beach, Virginia.
Section 2. That the City Attorney is hereby authorized to make or
cause to be made in behalf of the City of Virginia Beach, to the extent that
funds are available, a reasonable offer to the owners or persons having an
interest in said lands, if refused, the City Attorney is hereby authorized to
institute proceedings to condemn said property.
Section 3. That an emergency is hereby declared to exist and
this ordinance shall be in force and effect from the date of its adoption.
Adopted by the Council of the City of Virginia Beach, Virginia,
on the 1 2 day of October 19 81.
APP
JAR/ih
DEP@T
1 3-
ITEM II-E.2 ITEM #17261
Upon motion by Councilwoman Henley, seconded by Councilman Standing,
City Council voted to uphold the recommendation of the City Manager
and ADOPT the Ordinance authorizing the acquisition of property in
fee simple for right-of-way for North Virginia Beach Sanitary Sewer
and Water facilities project and acquisition of temporary and
permanent easements of right-of-way, either by agreement or by
condemnation.
Voting: 1 0 -0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, Vice Mayor Harold Heischober,
Barbara M. Henley, Clarence A. Holland, M.D., W. H. Kitchin,
III, Reba S. McClanan, Mayor J. Henry McCoy, Jr., D.D.S.,
Meyera E. Oberndorf, and Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
E. T. Buchanan
equ-@sted by: Public Works/Real Estate -14-
AN ORDINANCE TO AUTHORIZE THE ACQUISITION
OF PROPERTY IN FEE SIMPLE FOR RIGHT-OF-WAY
FOR NORTH VIRGINIA BEACH SANITARY SEWER
AND WATER FACILITIES PROJECT AND ACQUISITION
OF TEMPORARY AND PERMANENT EASEMENTS OF
RIGHT-OF-WAY, EITHER BY AGREEMENT OR BY
CONDEMNATION.
WHEREAS, in the opinion of the Council of the City of
Virginia Beach, Virginia, a public necessity exists for the
construction of this important project to provide transportation
and for other public purposes for the preservation of the safety,
health, peace, good order, convenience, morale 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 and/or AsSistant
City Attorney is hereby authorized and directed to acquire by
purchase or condemnation pursuant to Section 15.1-236, et seq.
and Section 33.1-89, et seq, Code of Virginia of 1950, as
amended, all that certain real property in fee simple including
temporary and permanent easements of right-of-way as shown on the
plans for North Virginia Beach Sanitary Sewer and Water
Facilities Pro3'ect, these plans being on file in the office of
Real Estate, Department of Public Works, Virginia Beach,
Virginia.
Section 2. That the City Attorney and/or Assistant
City Attorney is hereby authorized to make or cause to be made in
behalf of the City of Virginia Beach, to the extent that funds
are available, a reasonable offer to the owners or persons having
an interest in said lands, if refused, the City Attorney and/or
Assistant City Attorney is hereby authorized to institute
proceedings to condemn said property.
Section 3. That an emergency is hereby declared to
exist and this ordinance shall be in force and effect from the
date of its adoption.
Adopted by the Council of the City of Virginia Beach,
Virginia, on October 12, 1981 APPROVEDASTOI@ONYE;','-,
JAR/kg/re
9/3 0/81 APPROVED AS TO FC.R
(A) m
SIGNA7'JRE
1 5-
ITEM II.E,4. ITEM #1 7262
Upon motion by Councilwoman Henley, seconded by Councilman Standing,
City Council voted to uphold the recommendation of the City Attj)r@ney
and DEFER for one week the Appointment of Viewers in the application
of Mr. R. W. Townsend for a petition for the closure of a portion of
Pennsylvania Avenue (Bayside Borough).
@oti ng 10 -0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, Vice Mayor Harold
Heischober, Barbara M. Henley, Clarence A. Holland,
M.D., W. H. Kitchin, III, Reba S. McClanan, Mayor J.
Henry McCoy, Jr., D.D.S., Meyera E. Oberndorf and
Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
E. T. Buchanan
-1 6-
ITEM II.E.5. ITEM #17263
Upon motion by Councilwoman Henley, seconded by Councilman Standing,
City Council voted to uphold the recommendation of the City Manager
and APPROVE the tax refunds in the amount of $1,266.11.
Voting: 10 - 0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, Vice Mayor Harold
Heischober, Barbara M. Henley, Clarence A. Holland,
M.D., W. H. Kitchin, III, Reba S. McClanan, Mayor J.
Henry McCoy, Jr., D.D.S., Meyera E. Oberndorf and
Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
E. T. Buchanan
-1 7-
AN ORDINANCE AUTHORIZING TAX REFUNDS
UPON APPLICATION OF CERTAIN PERSONS
AND TJPON CERTIFICATION OF THE TREA.SIJRER
FOR PAYi4'.ENT
BE IT ORDAITJED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for tax refunds upon certificatioii of the Treasurer are hereby approved:
NAME Tax Type Ticket Exonera- D ate Penalty I nt. Total
Y ear of Tax Number tion No. Paid
H R Duzts & H D Cabiness 81 pp 91131 5/21/81 421 20
Regency Oldsmobile Inc 80 pp 94306 6/5/80 191:04
Byrd Dinsmore et al 81 RE(1/2) 65232-5 10/31/80 51.93
Times Management Corp 80 RE(1/2) 64852-8 10/20/80 6r.87
Times Management Corp 80 RE(2/2) 64852-8 10/20/80 63.98
Thomas C Kenvin 81 pp 66821 8/24/81 221.82
Sharon F Hankins 81 pp 51423 6/4/81 28.32
Mutual Federal S & L 81 RE(2/2) 31188-1 6/5/81 44.84
Marcos Chapunoff 81 RE(2/2) 85531-1 5/14/81 '3.40
David A Miller Jr 80 pp 132979 7/21/81 l@3.71
Total 1,266.11
sr,
This ordinance shall be e"fective fiom clate of adoption.
The -tbo%le ab:.itemeiit(s) t',)talitig
$1 . 266.1 1 ere approved by
the Council of the City of Virginia
Beach on the 1 2 day of 0 c t o b e r_
IT(
Approv@.d as to form:
Rutli Podges Sriiitt.
City Clerk
(@j son, City Attorney
- 1 8-
ITEM II.E.6. ITEM # 1 7264
Upon motion by Councilwoman Henley, seconded by Councilman Standing,
City Council voted to uphold the recommendation of the City Manager
and ADOPT ON SECOND READING the Ordinance entering into contracts
with the Southeastern Tidewater Area Manpower Authority to fund the
City's CETA employment programs, and to appropriate these funds.
Voting: 10 -0
Council Members Voting Aye
John A. Baum, F. Reid Ervin, Vice Mayor Harold
Heischober, Barbara M. Henley, Clarence A. Holland,
M.D., W. H. Kitchin, III, Reba S. McClanan, Mayor J.
Henry McCoy, Jr., D.D.S., Meyera E. Oberndorf and
Patrick L. Standing
Council Members Voting Nay:
None
Counc.il Members Absent:
E. T. Buchanan
1 9-
AN OED FOR ENTERING
nM WITH THE
TIDEWATER AlM
AUMRRIY TO FLIND
THE CM-S CEIA
P AND TO APPROPR=
THESE
WHEREAS, the City wishes to ccntinue its CE77L EV1 t p
under the Car'Prehensive MWl t and Training Act of 1973 (CEM) d
, the Southeastern TidEwater AreaL Manpower Authority
has issued new cmtract modificatims for funding the City's CETA, programs with
funds frarl the U. S. t of Labor (DOL) .
NOW, THEREFOIE, BE IT 0 BY THE COLMIL OF THE CITY OF VIMINIA
BEACH, @INIA:
That the City Manager hereby be authorized to enter into cmtracts
with in the amount of $198,966.00, and these funds are h-eby appropriated
for the @se of funding the City's CETA p until their ticn m
s '30, 1981, and
That the appropriaticns be financed 100% by federal funds fran DOL
thru , with no localimtch required.
F= @3NG: October 5, 1981
SEOCND PEADING: October 12, 1981
Adopted by the Council of the City of Virginia Beach cn the 12
day of October 1981.
APPROVED AS TO CONTENT
SIGNATUPE
DEPARTMENT
7 Al To FO)ZM
'y
-20-
ITEM II.E.7. ITEM #17265
Upon motion by Councilwoman Henley, seconded by Councilman Standing,
City Council voted to uphold the recommendation of the City Manager
and APPROVE the raffle permit for the Ladies Auxiliary Fleet Reserve
#166.
Voting: 10-0
Council
Members Voting Aye:
John A. Baum, F. Reid Ervin, Vice Mayor Harold
Heischober, Barbara M. Henley, Clarence A. Holland,
M.D., W. H. Kitchin, III, Reba S. McClanan, Mayor J.
Henry McCoy, Jr., D.D.S., Meyera E. Oberndorf and
Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
E. T. Buchanan
10/1 2/81
- 21-
ITEM II.E.3. ITEM #17266
Mr. Joseph Walton appeared in opposition.
Upon motion by Councilman Ervin, seconded by Councilman Standing,
City Council voted to uphold the recommendation of the City Manager
for APPROVAL of the Appointment of Viewers in the Application of A.
L. and Elnora D. Richard, Ronald E. and Marie D. Murphy and Honeysan
Corporation for a petition for the closure of a portion of 23rd
Street (Princess Anne Borough).
Voting: 9- 1
Council Members Voting Aye:
John A. BaLon, F. Reid Ervin, Vice Mayor Harold
Heisch,ober, 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:
E. T. Buchanan
2 2-
ORDINANCE APPOINTING VILWERS
WHEREAS, A.L. Richard and Elnora D. Richard, Ronald E.
Murphy and Marie D. Murphy, and Honeysan Corporation, have given
due and proper notice, in accordance with the statutes for such
cases made and provided that they will on the day of
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, anyj 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 B6ach, Virginia:
THAT C. Oral Lambert, Jr.
David M. Grochmal and
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 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:
That portion of 23rd Street in the City of Virginia
Beach bounded on the East by Rosemont Road and
on the West by Grant Avenue and on the North by the
lands of A.L. Richard and Elnora D. Richard, and
Ronald E. Murphy and Marie D. Murphy, and bounded
on the South by the lands of Clarence Castle and
Honeysan Corporation, said property having dimensions
of 50' by 2101, and being adjacent to Block 26 and
Block 27 of Pecin Gardens as shown in that certain
plat of survey recorded in the Clerk's office of
the Circuit Court of the City of Virginia Beach in
Map--Book 7 at page 70.
2 3-
P L A N N I N G A G E N D A
ITEM II-F.l.a ITEM #17267
Attorney Grover C. Wright, Jr., appeared in behalf of the applicant
Upon motion by Councilwoman Oberndorf, seconded by Vice Mayor Heischober,
City Council voted to DEFER the application of CHRISTIAN BROADCASTING
NETWORK for a Change of Zoni ric Classification until C.BN has
n D!Zt I Use Permit application:
an opportunity to process a Cgnd ionat
An Ordinance upon application of Christian Broadcasting
Network for a Chanqe of Zoning District Classification
from R-8 Residential District to A-Z Apartment District
on certain property located on the East side of Center-
ville Turnpike beginning at a point 500 feet South of
the intersection with West Centerville Turnpike, running
a distance of 306.28 feet along the East side of
Centerville Turnpike, running a distance of 1074.28 feet
in a Southeasterly direction, running a distance of 386.92
feet in a Northeasterly direction, running a distance of
246.08 feet in a Southeasterly direction, running a distance
of 634.57 feet in a Southwesterly direction, running a
distance of 766.13 feet in a Southeasterly direction, running
a distance of 1077.28 feet in a Northeasterly direction,
running a distance of 2500.77 feet along the Northern
property line, running a distance of 50 feet along the East
side of Centerville Turnpike, running a distance of 371.38 feet
in an Easterly direction, running a distance of 498.67 feet
in a Southerly direction and running a distance of 262.09
feet in a Westerly direction. Said parcel contains 35.3 acres.
KEMPSVILLE BOROUGH
Voting: 1 0 -0
Council Members Voting Aye: (for deferral)
John A. Baum, F. Reid Ervin, Vice Mayor Harold Heischober,
Barbara M. Henley, Clarence A. Holland, M.D., W. H. Kitchin,
III, Reba S. McClanan, Mayor J. Henry McCoy, Jr., D.D.S.,
Meyera E. Oberndorf, and Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
E. T. Buchanan
- 24 -
ITEM II-F.I.b ITEM #1 7268
The City-Clerk advised that a letter was received from the applicant
requesting withdrawal AND a refund of his $200 filing fee.
Upon motion by Councilwoman Oberndorf , seconded by Mayor McCoy, City
Council voted to uphold the recommendation of the Planning Commission
and permit WITHDRAWAL of the application of BRUCE B. MILLS for a
Change of Zoning District Classification, as per the following, with
the stipulation that he not receive a refund of his $200 filing fee.
Ordinance upon application of Bruce B. Mills for a Change
of Zoning District Classification from A-1 Apartment District
to A-2 Apartment District on certain property located on the
West side of South Kentucky Avenue beginning at a point 60
feet South of First Street, running a distance of 300 feet
along the West side of South Kentucky Avenue, running a
distance of 100 feet along the Southern property line, running
a distance of 300 feet along the Western property line and
running a distance of 100 feet along the Northern property
line. Said parcel contains .68 acre. KEMPSVILLE BOROUGH.
Voting 1 0 - 0
Council Members Voting Aye: (for withdrawal)
John A. Baum, F. Reid Ervin, Vice Mayor Harold Heischober,
Barbara M. Henley, Clarence A. Holland, M.D., W. H. Kitchin,
III, Reba S. McClanan, Mayor J. Henry McCoy, Jr., D.D.S.,
Meyera E. Oberndorf, and Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
E. T. Buchanan
2 5-
ITEM II-F.l.c ITEM 1 7269
Attorney.Grover C. Wright, Jr., appeared in behalf of the applicant.
Upon motion by Councilwoman Oberndorf, seconded by Councilman Ervin,
City Council voted to uphold the recommendation of the Planning
Commission and APPROVE the application of E. SPENCER AND HELEN S.
WISE AND DANA F. AND MARGARET S. GUMB for a Clan, of loning Distr c@
Classification, subject to the recommended c ondit 1ons transitte 2 in
the City Manager's letter, as follows:
ORDINANCE UPON APPLICATION OF E. SPENCER Z01081605
AND HELEN S. WISE AND DANA F. AND MARGARET
S. GL14B FOR A CHANGE OF ZONING DISTRICT
CLASSIFICATION FROM R-8 RESIDENTIAL
DISTRICT TO A-1 APARTMENT DISTRICT
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
Ordinance upon application of E. Spencer and Helen S. Wise and Dana
F. and Margaret S. Gumb for a Chanqe of Z nin 'lstrict Ilassifi-
cation from R-8 Residential uistrict to AOT @par@ent District on
certain property located on the North side of Baxter Road beginning
at a point 1850 feet more or less West of Holland Road, running a
distance of 375 feet along the North side of Baxter Road, running
a distance of 800 feet along the Western property line, running a
distance of 375 feet along the Northern property line and running
a distance of 800 feet along the Eastern property line. Said parcel
contains 6.844 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 and Subdivision
Ordinances.
2. City water and sewer.
3. A reservation of 725 square feet per dwelling unit for
recreation/open space.
4. The developer shall install standard right-of-way improvements
along the site's frontage on Baxter Road, including curb, gutter,
sidewalk, drainage facilities and pavement widening.
5. The developer is to provide adequate site drainage, including
all necessary downstream easements and improvements.
6. Dedication of 50-feet along the frontage o@n Baxter Road,
65 feet from the centerline of the old 30-foot right-
of-way to provide for an ultimate 80-foot right-of-way.
This Ordinance shall be effective from dat e of adopti.on.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the Twelfth day of October, 1981.
- 26-
Voting I 0 -0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, Vice Mayor Harold Heischober,
Barbara M. Henley, Clarence A. Holland, M.D., W. H. Kitchin,
III, Reba S. McClanan,*Mayor J. Henry McCoy, Jr., D.D.S.,
Meyera E. Oberndorf, and Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
E. T. BLkchanan
COUNCILWOMAN McCLANAN VOICED A VERBAL "AYE".
2 7-
ITEM II-F.I.d ITEM 1 7270
Attorney Robert B. Cromwell, Jr., appeared in behalf of applicant
Upon motion by Councilman Standing, seconded by Councilman Holland,
City Council voted to uphold the recommendation of the Planning
Commission and APPROVE the application of L. COTTON AND FRANCES D.
McCLENNY for a Change 'Onin 'is ric Classification, subject to the
io of g 1 thte City Manager's letter, as
recommended con@it ns trnsmitted n
follows:
ORDINANCE UPON APPLICATION OF L. COTTON AND Z01081606
FRANCES D. McCLENNY FOR A CHANGE OF ZONING
DISTRICT CLASSIFICATION FROM R-8 RESIDENTIAL
DISTRICT TO B-2 COMMUNITY-BUSINESS DISTRICT
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
Ordinance upon application of L. Cotton and Frances D. McClenny
for a Chan ge Zoning District Classification from R-8 Residential
Commun,ty
Distri t@to B!f2 -Business DistrTct on certain property
located on the West side of Kempsville Road beginning at a point
690 feet South of Indian River Road, running a distance of 122.50
feet along the West side of Kempsville Road, running a distance
of 300 feet more or less in a Westerly direction, running a dis-
tance of 95 feet in a Southwesterly direction, running a distance
of 550 feet rwre or less in a Northwesterly direction, running a
distance of 380 feet more or less in a Northeasterly direction,
running a distance of 250 feet more or less in a Southeasterly
direction, running a distance of 200 feet in a Southwesterly
direction and running a distance of 400 feet in a Southeasterly
direction. Said parcel contains 5.2 acres rwre or less.
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.
This Ordinance shall be effective from date of adoption.
Adopt ed by the Coun(zil of the City of Virginia Beach,
Virginia, bn the Twelfth day of October, 1981.
.@ .1"I I
I
- 28-
Voting: - 8-2
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, Vice Mayor Harold Heischober,
Clarence A. Holland, M.D., W. H. Kitchin, III, Reba S.
McClanan, Mayor J. Henry McCoy, D.D.S., and Patrick L.
Standing
Council Members Voting Nay:
Ba.rbara M. Henley, and Meyera E. Oberndorf
Council Members Absent:
E. T. Buchanan
2 9-
ITEM II-F.l.e ITEM #17271
Attorney.Grover C. Wright, Jr., appeared in behalf of the applicant
Upon mo tion by Counc il man Erv in , seconded by Counc il man Hol 1 an d , Ci ty
Counc il voted to up ho l d the recommendat ion of the Plan n ing Commi ssion
and APPROVE the application of HUDGINS AND ASSOCIATES/LYNN BEACH
ASSOCIATES for a Cha of 'o ning Distrlnct Classification, subject to
sm
the recommended c ons tran itted the City Manager's letter,
as follows:
ORDINANC@ UPON APPLICATION OF HUDGINS AND Z01081607
ASSOCIATES/LYNN BEACH ASSOCIATES FOR A
CHANGE OF ZONING DISTRICT CLASSIFICATION
FROM B-2 COMMUNITY-BUSINESS DISTRICT TO
A-3 APARTMENT DISTRICT (MODIFIED FROM
B-4 RESORT-COMMERCIAL DISTRICT)
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
Ordinance upon application of Hudgins and Associates/Lynnhaven Beach
Associates for a Chanqe of Zoninq District Classification from B-2
Community-Business Di;trict to A-3 Apartment District Tm-odified from
B-4 Resort-Commercial District) on certain property located on the
South side of Shore Drive beginning at a point 270 feet more or less
West of Starfish Road, running a distance of 413.41 feet along the
South side of Shore Drive, running a distance of 165 feet along the
Western property line, running a distance of 412.50 feet along the
Southern property line and running a distance of 155.92 feet along
the Eastern property line. Said parcel contains 1.5 acres. LYNNHAVEN
BOROUGH.
Approval is subject to the following provisions in conjunction with
the intended use of the land:
1. Modified to A-3 Apartment District
2. Standard improvements as required by the Site Plan and
Subdivision Ordinances.
3. City water and sewer.
4. The developer shall install standard right-of-way impr6vements
along Shore Drive, including curb and gutter, sidewalk,
drainage facilities, and 12-feet of pavement widening.
5. Adequate site drainage including all necessary downstream
improvements and easements shall also be provided.
6. The applicant has voluntarily agreed to submit an instrument
for recordation restricting the number of units to a total
of 30, and to restrict the height to three (3) stories. This
document is to be recorded in the Office of the Clerk of the
Circuit Court.
7. Only one ingress/egress is to be allowed on Shore Drive.
This Ordinance shall be effective from date of adoption.
Adopt6d by. the Council of the City bf Virginia Beach,
Virginia, on the:Twelfth day of October, 1981.
30-
Due to the absence of the Deputy City Clerk, the roll was called
verbal ly.
Voting: I 0 - 0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, Vice Mayor Harold Heischober,
Barbara M. Henley, Clarence A. Holland, M.D., W. H. Kitchin,
III, Reba S. McClanan, Mayor J. Henry McCoy, Jr., D.D.S.,
Meyera E. Oberndorf, and Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
E. T. Buchanan
31-
ITEM II-F.I.f ITEM #17272
Mr. James H. Roberts appeared in behalf of his application
Upon mot ion by Coun c il woman O berndorf , seconded by Coun c il man Ho l I and
City Council voted to uphold the recommendation of the Planning
Commission and APPROVE the application of JAMES H., JR., AND SUSAN J.
ROBERTS for a Conditional Use Permit, subject to the recommended
conditions transmitted in he@City Manager's letter, as follows:
ORDINANCE UPON APPLICATION OF JAMES H., JR., R01081418
AND SUSAN J. ROBERTS FOR A CONDITIONAL
USE PERMIT FOR A HOME OCCUPATION (CATERING)
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
Ordinance upon application of James H., Jr., and Susan J. Roberts
for a Conditional Use Permit for a home occupation (catering) on
certain property located on the South side of Rolleston Drive
beginning at a point 94.95 feet East of Lord Dunmore Drive,
running a distance of 84.95 feet along South side of
Rolleston Drive, running a distance of 128.02 feet along the
Eastern property line, running a distance of 105.21 feet
along the Southern property line and running a distance of
118.41 feet along the Western property line. Said parcel
contains .268 acre. KEMPSVILLE BOROUGH.
Approval is subject to the following provisions in conjunction
with the intended use of the land:
1. Compliance with Article 229 of the Comprehensive Zoning
Ordinance pertaining to home occupations.
2. Approval is for a period of two (2) years.
This Ordinance shall be effective from date of adoption.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the Twelfth day of October, 1981.
3 2-
Voting: ' 10-0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, Vice Mayor Harold Heischober,
Barbara M. Henley, Clarence A. Holland, M.D., W. H. Kitchin,
III, Reba S. McClanan, Mayor J. Henry McCoy, Jr., D.D.S.,
Meyera E. Oberndorf, and Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
E. T. Buchanan
THE ROLL WAS CALLED VERBALLY ON.THIS ITEM
3 3-
ITEM II-F,.l.g ITEM #1 7273
Mr. Biruta Platt appeared in behalf of his application
Upon motion by Councilman Ervin, seconded by Councilwoman Henley,
City Council voted to uphold the recommendation of the Planning
Commission and APPROVE the application of BIRUTA PLATT for a
Conditional Use Permit, subject to the recommended conditions
transmitted in the @ity Manager's letter, as follows:
ORDINANCE UPON APPLICATION OF BIRUTA PLATT R01081419
FOR A CONDITIONAL USE PERMIT FOR A HOME
OCCUPATION (DRESSMAKING AND ALTERATIONS)
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
Ordinance upon application of Biruta Platt for a Conditional Use
Permit for a home occupation (dressmaking and alterations) dn
certain prperty located at the Southeast corner of Cape Henry
Drive and Red Tide Road, running a distance of 85 feet along the
South side of Cape Henry Drive, running a distance of 135 feet
along the Eastern property line, running a distance of 85 feet
along the Southern property line and running a distance of 135
feet along the East side of Red Tide Road. Said parcel contains
.263 acre. LYNNHAVEN BOROUGH.
Approval is subject to the following provisions in conjunction
with the intended use of the land:
1. Compliance with Article 229 of the Comprehensive Zoning
Ordinance pertaining to horne occupations.
2. Approval is for a period of one (1) year.
This Ordinance shall be effective from date of adoption.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the Twelfth day of October, 1981.
- 34-
Voting 1 0 - 0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, Vice Mayor Harold Heischober,
Barbara M. Henley, Clarence A. Holland, M.D., W. H. Kitchin,
III, Reba S. McClanan, Mayor J. Henry McCoy, Jr., D.D.S.,
Meyera E. Oberndorf, and Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
E. T. Buchanan
3 5-
ITEM II-F.l.h ITEM #17274
Mrs. Jane Bonomo appeared in behalf of her application
Upon motion by Councilman Baum, seconded by Councilman Ervin, City
Council voted to DENY the request of JANE BONOMO for a variance to
Section 4.4(b) of the Subdivision Ordinance, as follows:
Appeal from Decisions of Administrative Officers in regard to
certain elements of the Subdivision Ordinance, Subdivision for
Jane Bonomo. Property located on the South side of Indian
Creek Road, 810 feet more or less East of Crags Causeway. Plats
with more detailed information are available in the Department
of Planning.
The applicant requests a variance to Section 4.4(b) of the
Subdivision Ordinance which requires lot dimensions to conform
to the Comprehensive Zoning Ordinance. The applicant wishes
to subdivide a 10-acre parcel into two (2) five-(5) acre
parcels. LYNNHAVEN BOROUGH
Voting 8-2
Council Members Voting Aye: (for denial)
John A. Baum, F. Reid Ervin, Vice Mayor Harold Heischober,
Barbara M. Henley, Clarence A. Holland, M.D., W. H. Kitchin,
III, Meyera E. Oberndorf, and Patrick L. Standing*
Council Members Voting Nay:
Reba S. McClanan, and Mayor J. Henry McCoy, Jr., D.D.S.
Council Members Absent:
E. T. Buchanan
Councilman Standing requested the City Attorney to do an indepth
study of procedures of this type insofar as Council Policy is
concerned.
- 36
ITEM II-F.l.i ITEM #1 7275
Attorney Grover C. Wright, Jr., appeared in behalf of the applicant
Upon motion by Councilman Ervin, seconded by Councilman Holland, City
Council voted to uphold the recommendation of the Planning Commission
and APPROVE the application of THEODORE P. AND BLANCHE S. BRACKMAN
for a variance to Section 4.4(b) of the Subdivision Ordinance, as
fol lows :
Appeal from Decisions of Administrative Officers in regard to
certain elements of the Subdivision Ordinance, Subdivision for
Theodore P. and Blanche S. Brackman. Property located at
the Western extremity of Pine Ridge Lane. Plats with more
detailed information are available in the Department of
Planning.
The applicant requests a variance to Section 4.4(b) of the
Subdivision Ordinance which requires lot dimensions to
conform to the Comprehensive Zoning Ordinance. The
applicant wishes to subdivide approximately 1.5 acres into
two (2) lots. LYNNHAVEN BOROUGH.
Voting 1 0 - 0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, Vice Mayor Harold Heischober,
Barbara M. Henley, Clarence A. Holland, M.D., W. H. Kitchin,
III, Reba S. McClanan, Mayor J. Henry McCoy, Jr., D.D.S.,
Meyera E. Oberndorf, and Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
E. T. Buchanan
3 7.
0 R D I N A N C E S
ITEM II-G.l.a ITEM 1 7276
Upon motion by Councilman Ervin, seconded by Councilman Holland,
City Council voted to uphold the recommendation of the City Manager
and ADOPT the Ordinance to amend and reordain Section 18-29 of the
Code of the City of Virginia Beach pertaining to examination and
audit of licensee's records.
Voting 1 0 - 0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, Vice Mayor Harold Heischober,
Barbara M. Henley, Clarence A. Holland, M.D., W. H. Kitchin,
III,* Reba S. McClanan, Mayor J. Henry McCoy, Jr., D.D.S.,
Meyera E. Oberndorf, and Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
E. T. Buchanan
COUNCILMAN KITCHIN VOICED A VERBAL "AYE".
3 8-
AN ORDINANCE AMENDING AND REORDAINING
SECTION 18-29 OF THE CODE OF THE CITY
OF VIRGINIA BEACH PERTAINING TO
EXAMINATION AND AUDIT OF LICENSEEIS RECORDS.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
That Section 18-29 is amended and reordained as
follows:
Section 18-29. Examination and audit of licensee's records.
(a)
The commissioner of revenue, his duly
authorized agent, or any other officer of the city charged in any
manner with the duty of assessing or collectinq taxes may conduct
an investigation, examination or audit to determine that the
amount of actual Purchases or sales or actual commissions or the
gross or net receipts from any business or profession or any
other matters that may be pertinent to the assessment of the
license tax in question have been correctly reported or returned
in accordance with section 18-13. To that end, the commissioner
of revenue may summon such person before him and require the
production of his records, books and papers likely to throw any
light upon the matter under investigation and may make, or cause
to be made, such other and further investigations, examinations
and audits of the records, books and papers of such person as he
shall deem proper in order to determine accurately the proper
return to be made by such person.
3@9-
(b) If, after an investigation, examination or audit
under this section, it shall appear that purchases, sales,
commissions, receipts or other matters pertinent to the
assessment have been incorrectly reported or returned, the
commissioner of revenue shall assess such person with the proper
city license tax. If it shall appear that such purchases, sales,
commissions, receipts or other matters pertinent to such
assessment have been wilfully incorrectly reported or returned,
such person shall pay, in addition to such increased license tax
assessed, a penalty of twenty-five (25) percent of such increased
assessment. Any incorrect report of return shall be deemed prima
facie willful.
(c) Any person who shall fail to appear before the
commissioner of revenue or his duly authorized representative and
produce such records, books and papers, when duly summoned, or
who shall refuse to permit the commissioner of revenue or his
duly authorized representative to make or cause to be made such
other and further investigation and audit of such books and
papers, shall be guilty of a class 4 4 misdemeanor.
This Ordinance shall be effective on and after the date
of its adoption.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the 12 day of October 1981.
MES/re
10/7/81
9/23/81
9/3/81
10/13/81
(1981-B)
-2-
- 40-
ITEM II-G.l.b ITEM #17277
Upon motion by Vice Mayor Heischober, seconded by Councilman Standing,
City Council voted to uphold the recommendation of the Planning
Commission and ADOPT the Ordinance to amend and reordain Division 2
of Article II of Chapter 2 of the Code of the City of Virginia Beach,
Virginia, relating to administration of the Basic Pay Plan.
Voting: 8- 2
Council Members Voting Aye:
John A. Baum, Vice Mayor Harold Heischober, Barbara M.
Henley, Clarence A. Holland, M.D., W. H. Kitchin, III
Mayor J. Henry McCoy, Jr., D.D.S., Meyera E. Oberndorf,
and Patrick L. Standing
Council Members Voting Nay:
F. Reid Ervin, and Reba S. McClanan
Council Members Absent:
E. T Buchanan
41 -
Requested by: City Manager/Director of Personnel
AN ORDINANCE TO AMEND AND REORDAIN DIVISION 2
OF ARTICLE II OF CHAPTER 2 OF THE CODE OF
THE CITY OF VIRGINIA BEACH, VIRGINIA, RELATING
TO ADMINISTRATION OF THE BASIC PAY PLAN
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA:
That Division 2 of the Code of the City of'Virginia
Beach is hereby amended as follows:
Section 2-101. Definitions.
For the purposes of this division, unless otherwise
indicated, the following terms shall have the meanings
respectively ascribed to them in this section:
Class: A groupinq of jobs having similar duties and
responsibilities, requiring similar knowledges, skills and
abilities and demanding similar qualifications so that they the
jobs may be appropriately titled and described, and the employees
performing such jobs may be equally compensated the-same.
Full-time employee: A full-time employee shall be defined
as a city employee who is scheduled to actually work thirty-five
(35) hours or more per consecutive work week.
Part-time employee: A part-time employee shall be defined
as a city employee who is scheduled to actually work less than
thirty-five (35) hours per consecutive work week.
Permanent employee: A permanent employee shall be defined
as a city employee who is to-be emi)loyed in a position for an
indefinite time period and who has completed the required
probationary period as provided in section 2-108.
Probational employee: A probational employee shall be
defined as a city employee who is employed in a position for an
indefinite time period and who has not as yet completed the
required probationary period as provided in section 2-1.08.
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Range: The minimum through maximum and career salary levels
assigned to a class.
Temporary employee: A temporary employee shall be defined
as a @ity employee who is employed in a position in which the
length of employment is fixed.
Section 2-102. General responsibility of director of personnel.
The director of personnel shall be responsible for
administering the application of the pay plan ordinance and
promulgating rules and regulations to carry out its purposes.
Such rules and regulations shall be subject to approval as to
legal form by the city attorney.
Section 2-103. Review and amendment of plan; schedule adopted.
(a) The director of personnel shall constantly review
assigned employee pay ranges, and when necessary, make
recommendations for changes to the city manager. The ranges of
pay for each class of positions may be ehangeel adiusted by the
city manager upon recommendation by the director of Personnel,
provided existinq budgetary funds are available for any
recommended increases-in-the-ranges.
(b) A change in the pay range of a class shall not affect
the anniversary date of employees in that class, except when it
involves e-eareer-stept the reassignment of an employee from a
career pay step to a regular pay step.
(c) The city pay schedule7--as adopted by seetion-4-of
Ordinance No. 1092 is
hereby
Virginia-Beseh-Bee4e-Pay-seheadle7 ratified, confirmed and
incorporated herein by reference.
Section 2-104. original employment.
Original employment shall be the status of an employee's
initial period of continuous employment with the city. An
individual beginning employment for the first time shall usually
be placed at the first step of the pay range establi,shed for the
class in which employed. occasionally, however, based on a new
employee's prior experience and proficiency in the same or
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related capacity, placement may be accelerated up to and
including the (E) step of the assigned range upon recommendation
by the employing authority and approval of the director of
personnel. The effective date of original employment shall be
the first day of the Probationary period.
Section 2-105. Reemployment.
Reemployment shall be the status of the returning employee's
employment period following a separation from city employment of
more than thirty (30) consecutive dalendar days from the date of
separation. A new anniversary date shall be effective six (6)
months from the first day of the pay period following the return
to service. Such anniversary date shall be the basis for
computation of all merit increases and other salary adjustments.
A returning employee who is reemployed shall usually be placed at
the (A) step of the position's approved pay range. Occasionally,
however, based on the returning employee's prior proficiency and
experience in the same or related capacity, an acceleration of up
to and including the (E) step of the assigned range may be made
upon recommedation by the employing authority and approval of the
director of personnel. All time earned in previous employment
shall not be counted towards the probationary period, annual
leave, service awards, or other longevity-based employment
conditions or benefits. Rather, only that time earned following
actual reemployment shall be counted.
Section 2-106. Reinstatement.
Reinstatement shall be the status of the returning
employee's employment period following a return to duty with the
merit service of the city within thirty (30) consecutive Calendar
days from the date of separation from the merit service. The
appropriate pay step within the approved range of the class and
anniversary date for all reinstated employees shall be determined
by the director of personnel. All time earned Previeus prior to
reinstatement shall be counted towards the probationary period,
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annual leave, service awards, eknd-the-like etc. However, the
actual time missed prior to reinstatement shall be discounted
from actual annual leave accrual to the nearest pay period.
Section 2-107. Conversion from full-time temporary status to
full-time permanent status.
Conversion shall be the change, upon the request of the
employing authority, from Etill-time temporary status to full-time
probational or permanent status. Upon such conversion, the
director of personnel shall credit towards probation, annual
leave, service awards and m6rit increases all prior time worked
in full-time temporary status to those employees converted to
full-time probational or permanent status. Stieh-ered-it--w-i-11--be
awarde(q-to-these-eenvertinej-empleyees-who-have-rendered
satiefeeteL-y-eervi-ee-dering-their-temperary-empleymentT
Conversion status will be awarded only to those employees who
have rendered acceptable@service durinq their temporary
employment.
Section 2-108. Probationary period of employment.
The probationary period for employees (except for sworn
police and fire) shall be the initial six (6) calendar months
+twelve-++R@-ealender-menthe (or the hourly eauivalent thereof
for part-time employees) of employment following an original
employment or reemployment and terminating on the employee's
anniversary date. The probationary period for sworn policet and
fire enel-qretnt personnel shall be twelve (12) calendar months of
employment following an original employment or reemployment and
terminating on the employee's anniversary date.
Section 2-109. C hanges in pay generally.
(a) Administrative increase. An administrative increase
shall be a one (1) or two (2) regular pay-step increase increment
increase or a one (1) career pay-step increment increase within
the pay range of a class that is awarded to an employee
displaying exceptionally outstanding meritorious service that
exceeds established performance standards. Employees may be
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recommended for an administrative increase upon submission of a
letter of justification by the respective department head to the
director of personnel, subject to the approval of the city
manager. An administrative increase does not affect the
employee's anniversary date
idii-time-permenent-emp+eyees.
(b) Variable merit increase. A variable merit increase
shall be either one (1), ftn-inerease-of two (2), stel5e-within
or three (3)
step increment increase within the Pav ranqe of the class to
which the employee is assigned, granted to full-time permanent
employees, that is awarded based on job-2erformance as evaluated
by the city-wide performance evaluation program. Each employee
shall be formally evaluated and rated on ective
anniversary date and each succeedinq anniversary date thereafter
to determine the level of Performance the emplovee has achieved.
Based on this rating the employee shall be awarded either no
increase for below acceptable performance, a one (1) step (2
1/2%) increase for acceptable performance, a two (2) s 5%)
increase for very good performance, or a three (3) step (7 1/2%)
increase for an outstandinq Performance rating subject to final
approval by the city manager. However, all emplovees completinq
the probationarv period shall be eliqible for no more than a two
(2) step adjustment. Merit increases may shall become effective
on or the employee's anniversary date as provided in
section 2-116. This increase is not automatically awarded, but
is given based on job performance. Should-a-mer+t-inerease-be
Merit increases
shall only be awarded to full-time permanent employees.
(c) Administrative decrease. An administrative decrease
shall be defined as a two (2) ar pay step reduction or a one
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(1) career pay step reduction within the pay range of a class as
disciplinary action as the result of unsatisfactory job
performance or misconduct. An administrative decrease requires a
letter of justification submitted by the respective department
head to the director of personnel and is subject to the approval
of the city manager. Anniversary dates are not affected by an
administrative decrease, except when such adjustment inve+ves-a
eareer-stel5T takes the effected employee from a career step to a
regular pay step; in which case, the next date of eligibility for
a merit increase shall be one year from the effective date of the
administrative decrease.
(d) Career Steps. In addition to the eleven (11) regular
(A) through (K) steps, each pay range shall have two (2)
additional career steps (L) and (M). After three (3) years of
etteeesefdl acceptable service at the top regular (K) step of the
class to which a position has been assigned, an employee shall
become eligible for consideration for the first career (L) step.
After three (3) years of sueeessful acceptable service at the (L)
step, an employee shall become eligible for consideration for the
second career (M) step. In all cases, employees must first
satisfy the time requirements established before becoming
eligible for advancement to the (L) or (M) steps, except when an
administrative increase is involved. A career increase shall be
considered a merit increase transaction when actually awarded and
the personnel transaction request form shall be so noted. At no
time shall employees be promoted into a career step, in the new
position, higher than the career step the employee had attained
in the former position.
(e) General increase. A general increase shall be an
increase to a higher pay range for all classes of employees
simultaneously. This shall be recommended by the city manager
and approved by the city council. General increases are not
dependent on an employee's individual performance within a job
class.
(f) Pay differential. A pay differential shall be
authorized whenever an employee compensated in a classification
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which is not designated by the director of personnel to require
shift work is regularly assigned@@to work a shift which commences
on or between the hours of 3:00 p.m., to 3:00 a.m. Such emplovee
shall receive the equivalent of a two (2) regular pay step
differential in addition t6 their normal salary rate for all
hours worked during such time period on]
regularly scheduled rotatinq shift work shall be ineligible under
the provisions of this subsection.
Section 2-110. Promotion.
Promotion. A promotion shall be an advancement by an
employee to a higher pay range
granted to an employee in conjunction with increased job duties
and responsibilities. When employees are promoted, their salary
shall be increased to a minimum step for that class (A step) or
four (4) pay increments above their present range and step,
whichever is greater. However, such an increase shall not place
the employee at a pay step in the range of the new position
higher than the pay step held in the range of the former
position. The effective date of all promotions shall be the
first day of the pay period. Employees who are promoted on their
anniversary date and are eligible for a variable merit increase
or career step increase may receive a aim-+6+-step-pay-+nerement
one (1), two
(2), or three (3 steps or one (1) career step
increment increase, based on the employee's performance
evaluation, in addition to the pay increments received for the
promotion. However, such an increase shall not place the
employee at a pay step in the range of the new position mare-then
pes+t.ian higher than that pay step which would have been received
in the former position had a promotion not been qranted.
Section 2-111. Demotion.
A demotion shall be a reduction in the pay range of an
employee in conjunction with a
change in job duties and responsibilities. When an employee is
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reduced to a lower pay range, the step within the new pay range
shall be determined by the director of personnel. If the
deTnotion is of a voluntary nature, made at the request of the
employee, then the anniversary date of eligibility for variable
merit increases shall not be adjusted, unless the demotion
involves assignment to a different department, division or
bureau, in which case, the appropriate anniversary date shall be
determined by the director of personnel.
Section 2-112. Reclassification.
(a) A reclassification shall be a reassignment of the
appropriate job title, pay range and step to an employee whose
job responsibilities have evolved to a degree that the present
job classification does not accurately reflect the actual duties
performed. When such position cannot accurately be described or
compensated by assignment to an existing class, the director of
personnel shall establish a new class with appropriate ranqe and
title, subject to the approval of the city manager. The director
of personnel shall determine an appropriate pay step and
anniversary date based on the employee's longevity in the work of
the class to which reclassified.
(b) Whenever any employment position with the city is
reclassified to a different class having a lower pay range, all
employees employed in the reclassified position at the time of
reclassification shall continue to be compensated at the rate
received at that time, notwithstanding that, in some cases, such
amount may be greater than the highest step of the range of the
new classification. Such reclassified employees shall continue
to receive all future general salary increases.
(c) Payment of compensation to reclassified employees,
which is made pursuant to subsection (b) of this section, and
which may exceed the highegt step of the reclassified range for
such employee, shall not be deemed a promotion.
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Section 2-113. Transfers.
(a) A transfer of an employee from-one 15ayrall-buelqet
departmental bureau code to another within the same department
shall be considered a transfer within the department.
(b) A transfer of an employee from one departmental bedget
bureau code to another shall be considered a transfer between
departments. If a transfer between departments involves a
promotion or demotion, the rules of the appropriate action shall
apply. when employees transfer between departments to the same
class of position no change of status or anniversary date
occurs.
Section 2-114. Terminations.
(a) Resignation shall be a voluntary separation from
employment through written notification to the employing
authority initiated by the employee.
(b) Completion of temporary employment shall be the
separation from employment of a temporary employee who has worked
through the last work day fer-wh+eh the temporary position is
available. Employees separating prior to the last work day shall
be governed by the appropriate teperating ation action.
(c) Retirement shall be the separation of a full-time
employee who is scheduled to begin receiving retirement benefits
from the state and/or federal agencies. Retirement is-mandetary
from full-time service with the City is mandatory at age 70 for
all employees except sworn idolice and fire personnel who must
retire at age 65 unless otherwise required by state law.
(d) Dismissal shall be an involuntary separation from
employment initiated by the employing authority as a result of
the employee's unsatisfactory work performance or misconduct.
(e) Failure to appear shall be a failure by an employee to
report to work during the first scheduled work day following
employment without previous notification to the dmployinq
authority.
(f) Administrative termination shall be a separation from
employment initiated by the director of personnel on the basis of
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the employee's failure to meet minimum qualifications for the
position following the actual start of work or the unavailability
of,either the position or approved manies budgetary funds in the
budget of the respective department. These-empleyees-shall-be
+if-any+v
Section 2-115. Effective date of actions.
In all cases except separation, the effective date of action
shall be considered the commencement of the employee's regularly
scheduled work period on the calendar day indicated. In all
cases of separation, the effective date of action shall be
considered the end of the employee's regularly scheduled work
period, unless specified on the calendar day indicated.
Section 2-116. Anniversary dates.
The anniversary date shall be the date on which the an
employee becomes eligible for a variable merit increase. 4;he
An employee's first anniversary date shall generally be the
effective date of permanent status provided the employee has
continued in the same job class as originally employed.
Otherwise, the employee's first anniversary date shall be six (6)
months from the date assiqned to present job class, except sworn
police and fire job classes in which case the first anniversary
date shall be twelve (12) months from the date assigned to the
class. Thereafter, the anniversary date shall be one (1) year
from the date of the last promotion, dematiOrk7 variable merit
increase, Belmin+strative-eleerease-or-transfer or assignment to
new job class dissimilar to the lgesitien job class vacated,
except where a career step is involved in which case it shall be
three (3) years from the effective date of action. However,
where a demotion action of nondisciplinary type is involved and
the work requirements of the former position are applicable to
the work requirements of the lower position, the employee's
present anniversary date may remain unchanged, subject to the
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approval of the director of personnel. HoweveeT-when-eareer
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 October 12, 1981
RHM/da
9/15/81
9/30/81
10/1/81
10/2/81 APPR@OVED AS TO CONTENT
(1981-A)
SIG@4ATUIL
DEPAR'MINT
-o
CITY AffOI14EY
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ITEM II-G.2.a ITEM #17278
The following bids have been received for the KempsvilIe Road, Phase I ,
Project:.
Rea Birsch Construction Company $1,748,636.21
A.P.A.C., Virginia $1,799,317.02
Warbler Construction Company, Inc. $1,861,121.23
Ames and Webb, Inc. $1,919,941.01
Wil I iams Paving , Inc . $1,928,228.55
Suburban Grading and Utilities, Inc. $1,935,945.65
Asphalt Roads and Materials, Inc. $2,045,471.00
Dickerson Construction, Inc. $2,304,155.25
Engineer's Estimate $2,177,310.48
Upon motion by Councilman Baum, seconded by Mayor McCoy, City Council
voted to uphold the recommendation of the City Manager and APPROVE
the low bid of Rea Birsch Construction Company, in the amount of
$1,748,636. 21 for the Kempsville Road , Phase I , Project ; and , authorized
the City Manager to enter into the necessary agreements for the
implementation of this project.
Voting: I0 - 0
Council Members Voting Aye:
John A. Baum,* F. Reid Ervin,* Vice Mayor Harold Heischober,
Barbara M. Henley, Clarence A. Holland, M.D., W. H. Kitchin,
III, Reba S. McClanan, Mayor J. Henry McCoy, Jr., D.D.S.,
Meyera E. Oberndorf, and Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
E. T. Buchanan
*COUNCILMEN BAUM AND ERVIN VOICED VERBAL "AYES".
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A P P 0 I N T M E N T S
ITEM II-H.1 ITEM #17279
City Council deferred consideration of appointments to the PERSONNEL
BOARD for one (1) week.
U N F I N I S H E D B U S I N E S S
ITEM II-I.1 ITEM #17280
The City Manager presented a report to Council.on the "Tri-Party
Signing" of an Agreement of Amendment to the,Norfolk Water Contract,
(April 24 , 1 973) , the f irst Suppl emen ta l Agre'ement to the Suffol k
Water Supply Well Agreement (February 18, 1981), and the U. S. Navy
Contract with the Cities of Norfolk and Suffolk.
Th6 City Manager explained his position and the risks the City of
Virginia Beach would take in future litigat.ion.
By consensus of City Council, the City Manager was authorized to
sign the necessary Amendments to the Norfolk and Suffolk Water
Supply Agreements.
The signing was scheduled for 9:00 a.m., Wednesday, October 14, 1981,
in the Norfolk City Conference Room.
ITEM II-I.2 ITEM #17281
Councilman Baum requested two items be included in the Legislative
Package:
Freedom of Information Act - abolish one sentence:
the definition of a meeting, which eliminates the
need to notify anybody if you are having an informal
gathering.
General Assembly impose a Statute of Limitations on
Defunct Corporations.
Mayor McCoy requested travel allowences for Council Members be placed
in the Legislative Package.
Councilwoman Henley requested election of the School Board be placed
in the Legislative Package, with tho wording "power of taxation"
following:
The City Manager distributed a brief list of subject items he proposed
to be included in the 1982 Legislative Package.
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ITEM II-I.3 ITEM #17282
The City@ Manager presented to Council a copy of the proposal by
Durwood Curling, Chairman, Southeastern Public Service Authority
of Virginia, (a copy of which has been made a part of these
proceedings).
A D J 0 U R N M E N T
ITEM I I-J. 1 ITEM #17283
Upon motion by Councilman Standing, City Council adjourned at 4:30 p.m.
D.iane M. Hickman, Deputy City CTe-rk
Ruth Hodges m i Mayor J.,,-)enty J r,@@)
City of Virginia Beach,
Virginia
12 October 1981
dhm/asb