HomeMy WebLinkAboutMAY 11, 1981 MINUTES
"WORLD'S LARGEST RESORT CITY"
CITY COUNCIL
MAYOR 1. HENRY AT@COY JR.. O.D.S..
VICE-AcAYOR HAROLD IIEISCH013ER. A, L-,.
JOHN A. SAUAF, 8.-,6
F. REID SRVit4. A, L@.
BARBARA M. HENLEY. P..,. B.-eb
CLARE14CE A. HOLLAt4D. bLD., S.y.id. B...Rb
W. H. KITCHIN. til, Vi,g,.i. B-,b B...Ib
REBA S. AtCLAVAN, P,i-... A-. B.-gb
DONALD W. MERRICK. Ly-b..- B.@.gb
MEYERA E. OBERNOORF, A, L.,,. 212 CITY HALL BUILDING
PATRiCK L. STANDING. A, L.,ff. MUNICIPAL CENTER
VIRGINIA BEACH, VIRGINIA 23436
RUTH HODGES SMITH, Cily Cl.,I. (804) 427-4303
CITY COUNCIL AGENDA
may 11, 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 PI]RI-INENT KATTERS
1. matters for discussion by Mayor.
2. Matters for discussion by Council.
3. Development Authority's Annual Peport.
4. Voting Precinct Changes: Presentation by Mrs. Cleta Liverman,
General Registrar, and Mr. Charles Hassen of the Planning De-
partment.
5. Jack P. DeBoer Associates Rezoning at Fairfield Mill: Request
ior change in requirements from a buffer strip and berm to
fencing.
6. Whiteway Laundry,Inc., Change of Zoning Applicatio-'I: Request
for simultaneous advertising for hearing by Planning Commission
and City Council.
ITEM II FORMAL SESSION: 2:00 p.m.
A. INVOCATION: Father D. W. Gross
Church of the Holy Apostles - Episcopal
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 4, 1981.
E. PRESENTATION
1. Youth In Government Report Youth Kayor Laura Everton
F. PROCLAMATION
1. National Police Week
G. RESOLUTION
1. Resolution - Official Statement for Sale of Bonds
H. CONSENT AGENDA
All matters listed under the Consent Agenda are consider,,l !--fj ',@e
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 i,,- @l-@ired, that item will be removed from
the Consent Acjenda and considered separately.
1. Ordinance to amend and reordain Section 22-152 of tli.@ (-,ode of
the City of Virginia Beach, pertaining to parking meter en-
forcement.
2. Ordinance to amend and reor@l;iin Section 6-33(d) and adding a
new paraqraph (e) of the Code of the City of Virginia Beach,
relating to areas where surfing is pernlitted.
3. Ordinance to amend the Code of the City of Virginia Beach by
adding a new section numbered 23-53.1 under Chapter 23, re-
lating to the entry of property of another for the purpose of
damaging it, and establishing the penalty for violating the
section.
4. Resolution - Reserving land for Civi.c Leaclues or Homeowners
Association for a period of five (5) years by Developers.
5. Ordinance to authorize a temporary encroach,1,3,it into a city
40-foot drainage and canal easement in the Subdivision of
Chelsea.
6. Ordinance to authorize a temporary encroac@,,I@,,it into a portion
of the right-of-way of Cherie Avenue to Lamplight Manor Civic
Leacfue.
7. Application of Green Run Elementary School PTA for a Raffle
permit.
ITEM II I. PLANNING ITEMS
1. Application of n h for a to Sections
4.4(b) and 4.4(d) of the Subdivision Ordinance which re-
cluires lot dimensions to conform to the Comprehensive
Zoning Ordinance and that al). lots created through sub-
divisions have direct access to a public street. She
wishes to subdivide an approximate .89-acre site into
two I.ots. This property is located on the north side of
Green Pine Lane, west of Little Neck Road.
a. Letter from t'.ie City Manager transmits the recommenda-
tion of the Planning Commission for a .
2. Application of i t n for a
change of zoning from A-1 n 1 t to B-2
= ity-Buginggg i t on a .22-acre parcel;
AND, a change of zoning from B-2 Coi=nit@-Buginegs
t to A-1 nt i t on a .712-acre parcel.
This site is located on the west side of Cranston Lane,
north of Virginia Beach Boulevard (Lynnhaven Borough).
a. Letter @-roin the City Manager transmits the recommenda-
tion of the Planning Commission for o al.
3. Application of The Ci@t Qf inia h for a cha,@icj- @)f
zoning from B-2 Community-Businesg ict to A-1 rt-
@t ri t on a .437-acre parcel located north of Virginia
Beach Boulevard (Lynnhaven Borough).
a. Letter from the City Manager transmits the recommenda-
tion of the Planning Commission for a .
4. Application of W. T. Mason Estate for a change of zoning
from R-5 ide tia i t to A-1 tmtqt
t on
a 2.528-acre parcel located at the southeast intersecti,@,l
of Laskin Road and Bayway Road (Lynnhaven Borough).
a. Letter from the City Manager transmits the recommenda-
tion of the Planning Commission for o al.
5. Application of t tment @., for
a change of zoning from @ i t to &-l
t i on a 8.03-acre parcel located on the
south side of Wildwood Drive, west of First Colonial Road
(Lynnhaven Borough).
a. Letter from the City Manager transmits the recommenda-
tion of the Planning Commission for oval.
ITEM II I. PLANNING ITEMS (continued)
5. Application of Ruth Gornto for a change of zoning from
A-1 to @ on a
7.03-acre parcel located on th6 east side of West Lane,
north of Virginia Beach Boulevard (Lynnhaven Borough).
a. Letter from the City '4anager transmits the recommenda-
tion of the Planning Commission for
7. Application of Virainia Racc[uet
a Limited Partnership, for a change of zoning from
k_l Residential to @ on
a 1.20-acre parcel located on the south side of Thomas
Bishop Lane, north of Great Neck Road (Lynnhaven Borough).
a. Letter from the City Manager transmits the recommenda-
tion of the Planning Commission for al.
S. Application of t a General Partner-
ship, for a change of zoning from R-1 identi t
to R-2 nti t on a 2.69-acre parcel locatel
on the north side of Thomas Bishop Lane, north of Great
Neck Road (Lynnhaven Borough).
a. Letter from the City Manager transmits the recommenda-
tion of the Planning Commission for oval.
9. Application of h ation for a change of zoning
from R-4 tial 1 t to &-5
on a 1.06-acre parcel;
AND, a change of zoning from IG-2 lt@,,i ri t
to @ t on a .76-acre parcel. This
property is located at the northwest intersection of Sand-
piper Road and Molly Cooper Road (Pungo Borough).
a. Letter from the City Manager transmits the recommenda-
tion of the Planning Commission for o a
J. ORDINANCES
1. Letter from the City Manaqer presenting the following Ordi-
naces for adoption for the FY 1981-82 Budget:
a. Ordinance, on FIRST READING, making appropriatio,i.@ @@:)r
the Fiscal Year beginning July 1, 1981 and ending June
30, 1982, in the sum of $238,076,358 for operations
and $71,158,774 in interfund transfers and recjulating
the payment of money out of the City Treasury, as
amended.
ITEM II J. ORDINANCES (Continued)
1. Budget
b. ordinance, on FIRST READING, establishing the tax levy
on Real Estate for tax Fiscal Year 1982.
c. Ordinance, on FIRST READING, to amend and reordain
Section 33-12, Chapter 33 of the Code of the City of
Virginia Beach relating to the taxes of utility ser-
vices.
d. Ordinance, on FIRST READING, establishing the tax levy
on personal property and machinery and tools for the
Calendar Year 1982.
e. Ordinance, on FIRST READING, to amend a@id reordain
Section 22-68 of the Code of the City of Virginia Beach
relating to license taxes on motor vehicles.
f. Ordinance, on FIRST READING, to amend and reordain
Section 33-24, Chapter 33 of the Code of the City of
Virginia Beach relating to the tax on the sale of
cigarettes.
g. Ordinance, on FIRST READING, to artend and reordain
Section 27-15, Chapter 27 of the Code of the City of
Virginia Beach relating to the assessment for the use
of the Public Law Library.
h. Ordinance, on FIRST READING, to amend and reor,la"n
Section 33-60 of the Code of the City of Virginia Beach
relating to taxes on persons admitted to, and refresh-
ments, etc., sold, etc., at places of amusement and
entertainment.
i. Ordinance, on FIRST READING, to amend and reordain
Section 33-76 of the Code of the City of Virginia Beach
relating to tax on persons obtaining food, etc., at
restaurants, etc., charging therefor.
2. City Code Amendment
a. Ordinance to amend Chapter 9 of the Code of the City of
Virginia Beach by adding thereto an Article II pertain-
ing to charter buses.
K. APPOINTMENTS
1. Arts & Humanities Commission
2. Board of Electrical Examiners
3. Eastern Virginia Medical Authority
4. Volunteer Council
ITEM II K. APPOINTMENTS
1. ARTS & HUMANITIES COMMISSFON
Terms Expiring 6/30/81: 2 years
Henry Clarke
Mrs. Horace C. McManus
Krs. John W. musick
James W. Roebuck
Mrs. C. E. Upton, Jr.
The Cormission asked that appointments be made in
May so appointees will be eligible for nominations
at their first meeting in June.
2. BOARD OF ELETRICAL EXAMINERS
Term Expiring 5/30/81 2 years
J. C. Driskill, Electrical Contractor
3. EASTERN VIRGINIA MEDICAL AUTHORIRY
Vacant 3 years
term to be 6/1/81 - 5/30/84
4. VOLUNTEER COUNCIL
Term Expiring 5/30/91 1 year
Mrs. Mary Russo
ITEM II L. UNFINISHED BUSINESS
M. NEW BUSINESS
N. ADJOURNMENT
1. Motion to adjourn
NO MEETING: May 25, 1981 -- MEMORIAL DAY HOLIDAY
M I N U T E S
VIRGINIA BEACH CITY COUNCIL
Vi rg i ni a Beach, Virgi ni a
11 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., in the
Conference Room, City Hall Building, on Monday, 11 May 1981, at
Twelve-Thirty in the afternoon.
Council Members Present:
John A. Baum, F. Reid Ervin, Vice Mayor Harold
Heischober, Babara M. Henley, Clarence A. Holland,
M.D., W. H. Kitchin, III, Reba S. McClanan, Donald
W. Merrick, Mayor J. Henry McCoy, Jr., Meyera E.
Oberndorf, and Patrick L. Standing
Council Members Absent;
None
ITEM #16624
Mayor McCoy entertained a motion to permit Council to conduct its
INFORMAL SESSION to be followed by an EXECUTIVE SESSION for the
purpose of discussing the following:
1. Discussion or consideration of employment,
assignment, appointment, promotion, demotion,
salaries, discipline or resignation of public
officers, appointees or employees of any public
body. (Personnel Matters).
2. Discussion or consideration of the condition,
acquisition or use of real property for public
purpose, or other disposition of publicly held
property. (Acquisition, use or dfsposition of
publicly held property).
3. Investing of public funds where competition or
bargaining are involved where, if made public
initially, the financial interest of the governing
unit would be adversely affected. (Financial
Matters).
4. Consultation with legal Counsel and briefings by
staff members, consultants, or attorneys, per-
taining to actual or potential litigation, or
other legal matters within the jurisdiction of the
public body. ( Matters).
2-
Upon motion by Councilman Standing, seconded by Councilman Merrick,
City Council voted to proceed into the EXECUTIVE SESSION following
the INFORMAL SESSION.
Voting: 11-0
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, Donald
W. Merrick, Mayor J. Henry McCoy, Jr., D.D.S.,
Meyera E. Oberndorf, and Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
None
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M A T T E R S B Y T H E C 0 U N C I L
STRAWBERRIES ITEM #16625
Councilwoman Henley presented to Council for their enjoyment two quarts
of freshly picked strawberries from her family's strawberry fields.
I N F 0 R M A L A G E N D A
VOTING PRECINCT CHANGES ITEM #16626
Mr. Charles Hassen, Assistarit to the Director of Planning, and Mrs.
Cleta Liverman, General Registrar, presented to Council new Voting
Precinct maps indicating the Precincts have been increased from
36 to 49.
JACK P. DEBOER ASSOCIATES REZONING ITEM #16627
AT FAIRFIELD MILL
The City Manager advised Council of the request of Jack DeBoer Associates
for a buffer strip to be brick with a picket fence, and indicated this
was brought to Council's attention for information only as it can be
handled administratively.
WHITEWAY LAUNDRY, INC., CHANGE OF ITEM #16628
ZONING APPLICATION
The City Manager advised Council of the request of Whiteway Laundry,
Inc., for their application for rezoning to be expedited and advertised
simultaneously with the Planning Commission advertisement.
It was the consensus of Council that this matter NOT be expedited.
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BONDS ITEM #16629
The City Manager advised Council he will be presenting a Resolution
concerning $6-Million in School Construction Bonds (under construction),
and $5.3-Million Water and Sewer Bond Anticipation Notes, which have
been "rolled over."
The $6-Million Bond Anticipation Notes for the Schools is based upon
the Charter Bond Anticipation Notes, ($11,300,000 - 9 3/8%).
The City Manager requested the Resolution be adopted today (May 11, 1981),
and anticipates presenting to Council, at a future date, the sale of the
Bonds.
The City Manager further advised the $5.3-Millions Bonds Anticipation
Notes is based on the $9.1-Million Revenue Bonds. The new Surety for
the $5.3-Millions will no longer be the $9.1-Million, but will be the
Referendum issue; therefore, by State Law whenever the City has a new
Surety of a Bond Anticipation Note it supercedes the other.
BUDGET ITEM #16629(a)
The City Manager presented to Council for their perusal adjustments to
Estimated Revenues in the 1981-82 proposed Budget, which shows an increase
in the School Budget by $1.5-Million, and a decrease in the City's
operations by approximately $1-Million.
ANNUAL REPORT/DEVELOPMENT AUTHORITY ITEM #16630
Mr. Alfred W. Craft, Jr., Chairman, Virginia Beach Development Authority,
presented to Council the Authority's Annual Report, and advised that
during 1980, the Authority, in cooperation with the Industrial Division
of the City's Department of Economic Developed, continued its work of
broadening the economic base of the City through sound business develop-
ment.
Mr. Craft, on behalf of the Authority, presented to the City a check in
the amount of $166,926, which represents the principal interest on the
original amount of $120,000, dated February 14, 1974, (outstanding debt
to the City of Virginia Beach).
A copy of the report has been made a part of these proceedings.
5-
LETTER/SCHOOL BOARD ITEM #16631
Councilwoman Oberndorf made reference to a letter from Doctor E. E.
Brickell, Superintendent of Schools, to the City Manager, and from
the City Manager to the Superintendent of Schools concerning the
proposed budget. Worksheets were presented to Council concerning
this matter.
City CounPil recessed into EXECUTIVE SESSION, (1:25 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
11 May 1981
2:00 p.m.
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., D.D.S., Donald W. Merrick,
Meyera E. Oberndorf, and Patrick L. Standing
Council Members Absent:
None
INVOCATION: Father D. W. Gross
Church of the Holy Apostles - Episcopal
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
7-
ITEM #16632
Mayor McCoy read the following letter of resignation from Councilman
Donald W. Merrick:
"The Honorable Mayor
Fellow Members of City Council
c/o City Clerk
Municipal Center
Virginia Beach, Virginia 23456
"Due to my personal health problems and upon the advice of my
doctor, it is necessary that I submit my resignation as a
member of the Virginia Beach City Cotmcil.
"I acknowledge that City Council must appoint my successor.
Therefore, I will serve until he or she is appointed. However,
I shall resign June 1, 1981, and hope a representative of the
Lynnhaven Borough can be appointed by that time.
"My best personal regards to each of you always."
Respectfully yours,
Donald W. Merrick
Mayor McCoy stated "I can say really and truly with regrets, and I think
every Member of this Council shares that with me, that Mr. Merrick has to
resign because of health purposes. Mr. Merrick has been a hard worker.
He's certainly been a fighter for what he's thought was right. I admire
his spunk and his determination when he thinks he's got something that
really needs to be done. I hope that all of us will consider him a
friend, and he will consider us a friend. But I'm just really sorry
that we have to lose such a good man. Mr. Merrick you will be missed
I can tell you. So we thank you for all that you've done."
M I N U T E S
ITEM II-D.1 ITEM #16633
Upon motion by Councilman Holland, seconded by Mayor McCoy, City Council
voted to APPROVE the Minutes of the Regular Meeting of 4 May 1981.
Voting: 11-0
8-
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.f D.D.S., Donald W. Merrick,
Meyera E. Oberndorf, and Patrick L. standing
Council Members Voting Nay:
None
Council Members Absent:
None
*MAYOR McCOY VOICED A VERBAL "AYE".
9-
P R 0 C L A M A T I 0 N
ITEM II-E.1 ITEM #16634
Mayor McCoy presented Certificates of Appreciation to:
Laura Everton, Youth Mayor
Tricia Sykes, Chairman, Dialing for Jobs Program
Miss Everton presented to Council the Annual Report of the Mayor's Youth
Council, and introduced the Officers for the 1981-82 year:
Michelle Spruill, Youth City Clerk
Mike Cunningham, Youth City Manager
Dawn Watson, Youth Mayor
P R 0 C L A M A T I 0 N
ITEM II-F.1 ITEM #16635
P R 0 C L A M A T I 0 N
WHEREAS, through the Nation, the week of May 10-16, 1981,
has been designated as National Police Week; and,
WHEREAS, all Americans should take time to consider the
services performed for them by the Police; and,
WHEREAS, at the same time, Americans should remember and
honor those officers who have lost their lives in performance of their
police duties.
NOW, THEREFORE, BE IT KNOWN THAT I, J. Henry McCoy, Jr., Mayor
of the City of Virginia Beach, do hereby proclaim the week of May 10-16,
1981, as
NATIONAL POLICE WEEK
in Virginia Beach; and FURTHER, I hereby proclaim May 13, 1981, as
POLICE MEMORIAL DAY in Virginia Beach.
I HEREBY REQUEST that all flags of City facilities be flown
at half mast on Police Memorial Day in remembrance of those officers
who made the ultimate sacrifice for the citizens of this community.
J. Henry McCoy, Jr., D.D.S.
Mayor
Mayor McCoy read the Proclamation and advised it would be delivered to
the Police Department.
R E S 0 L U T I 0 N
ITEM II-G.1 ITEM #16636,
Upon motion by Councilman Standing, seconded by Councilman Baum, City
Council voted to uphold the recommendation of the City Manager and
ADOPT the Resolution approving the Official Statement for the sale of
the Bonds.
Voting: 11-0
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., Donald W. Merrick,
Meyera E. Oberndorf, and Patrick L. Standing
Council Members Voting May:
None
Council Members Absent:
None
*COUNCILMAN ERVIN VOICED A VERBAL "AYE".
At a Regular Meeting of the Council of the City of Virginia
Beach, Virginia, held on the Eleventh day of May, 1981, at which the
following Members were present and absent:
PRESENT:
Councilman John A. Baum
Councilman F. Reid Ervin
Vice Mayor Harold Heischober
Councilwoman Barbara M. Henley
Councilman Clarence A. Holland, M.D.
Councilman W. H. Kitchin, III
Councilwoman Reba S. McClanan
Mayor J. Henry McCoy, Jr., D.D.S.
Councilman Donald W. Merrick
Councilwoman Meyera E. Oberndorf
Councilman Patrick L. Standing
ABSENT:
None
the following Resolution was adopted by an affirmative roll call vote
of at least two-thirds of all Members of the Council, the ayes and nays
being recorded in the Minutes of the meeting as shown below:
MEMBER: VOTE:
Councilman John A. Baum Aye
Councilman F. Reid Ervin Aye
Vice Mayor Harold Heischober Aye
Councilwoman Barbara M. Henley Aye
Councilman Clarence A. Holland, M.D. Aye
Councilman W. H. Kitchin, III Aye
Councilwoman Reba S. McClanan Aye
Mayor J. Henry McCoy, Jr., D.D.S. Aye
Councilman Donald W. Merrick Aye
Councilwoman Meyera E. Oberndorf Aye
Councilman Patrick L. Standing Aye
WHEREAS, the contracting of a debt and the issuance of
$17,000,000 Public Improvement Bonds of the City of Virginia Beach,
Virginia, was authorized by Ordinance adopted on April 6, 1981, and none
of such Bonds have been issued and sold; and,
WHEREAS, the contracting of a debt and the issuance of
$46,000,000 Water and Sewer Bonds was approved by the qualified voters
of the City of Virginia,Beach, Virginia, at an election held on
November 4, 1980, and none of such Bonds have been issued and-sold; and,
-1 2-
WHEREAS, by Resolutions adopted on April 27, 1981, the City
Counc il author ized the issuance of $6,000,000 Notes in anticipation of
the issuance and sale of a like amount of such Public Improvement Bonds
and $5,300,000 Notes in anticipation of the issuance and sale of a like
amount of such Water and Sewer Bonds; and,
WHEREAS, pursuant to such Resolutions, the City Manager has
accepted the proposal of a group of underwriters to be managed by
United Virginia Bank, Richmond, Virginia, dated May 1, 1981, to purchase
all of such Notes at a price of par with interest payable at maturity
on April 30, 1982, at the rate of 9 3/8% per year; and,
WHEREAS, the City Council considers it desirable to amend the
above-described Resolutions in order to provide for the execution of the
Notes by the facsimile signature of the City Manager and to provide for
the printing of a facsimile of the City's Seal on such Notes, attested
by the manual signature of the City Clerk; and,
WHEREAS, there has been prepared an Official Statement dated
May 11, 1981, describing the Notes (the Official Statement), a copy of
which has been presented to this meeting.
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA:
1. The Resolutions of the City Council adopted on April 27,
1981, authorizing the issuance of the Notes are hereby amended and
re-enacted to provide that the Notes described therein shall be executed
by the facsimile signature of the City Manager, and to provide that a
facsimile of the City's Seal shall be printed on the Notes and attested
by the manual signature of the City Clerk.
2. The Official Statement is hereby approved. The City
Manager is hereby authorized and directed to execute and deliver
a reasonable number of copies of the Official Statement to United
Virginia Bank to be delivered to the persons to whom United Virginia
Bank and other members of the underwriting group initially sell the
Notes.
3. All other Resolutions or parts of Resolutions in conflict
herewith are hereby rep6aled.
4. An emergency exists and this Resolution shall take
effect immediately.
1 3-
The undersigned Clerk of the City of Virginia Beach, Virginia,
hereby certifies that the foregoing constitutes a true and correct
extract from the Minutes of a Regular Meeting of the Council of the
City of Virginia Beach, Virginia, held on the Eleventh day of May, 1981,
and of the whole thereof so far as applicable to the matters referred
to in such extract.
WITNESS my hand and the Seal of the City of Virginia Beach,
Virginia, this Eleventh day of @, 1981.
Clerk, City of Virginia Beach,
Virginia
(SEAL)
APPROVED AS TO FORM
DEPARTMENT OF LAW
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C 0 N S E N T A G E N D A
ITEM II-H.4 ITEM #16637
Upon motion by Councilman Standing, seconded by Councilman Holland,
City Council voted to withdraw Number 4 from the CONSENT AGENDA and
DEFER that item for ONE WEEK, (May 18, 1981). The remaining items
listed as the CONSENT AGENDA were considered and enacted by ONE
MOTION.
Voting: 11-0
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., Donald W. Merrick,
Meyera E. oberndorf, and Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
None
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R E S 0 L U T I 0 N
WHEREAS, the developer of Thalia Trace has executed an
Agreement whereby he would deed to a Civic League or Homeowners
Association a 1.6-acre parcel of land for open space; and,
WHEREAS, the Subdivision has not created a Civic League or
Homeowners Association.
THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
THAT the developer may reserve a 1.6-acre parcel for a period
of five (5) years and if a Civic League or Homeowners Association is
formed, and upon written request by said organization, said 1. 6-acre
parcel will be deeded to them for no consideration as agreed by the
developer and witnessed by the execution of a separate Agreement to be
recorded in the Clerk's Office of the City of Virginia Beach.
FURTHERMORE, if no Civic League or Homeowners Association is
formulated within five (5) years then the reservation shall be considered
null and void.
ADOPTED:
DEFERRED BY CITY COUNCIL: 11 May 1981
1 6 -
ITEM II-H.1 ITEM #16638
Upon motion by Councilman Standing, seconded by Councilman Holland, City
Council voted to uphold the recommendation of the City Manager and ADOPT
the Ordinance to amend and reordain Section 22-152 of the Code of the
City of Virginia Beach, Virginia, pertaining to Parking Meter Enforcement.
Voting: 11-0
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., Donald W. Merrick,
Meyera E. Oberndorf, and Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
None
-17-
Requested by Public Works Department
AN ORDINANCE TO AMEND AND REORDAIN
SECTION 22-152 OF THE CODE OF THE
CITY OF VIRGINIA BEACH, VIRGINIA,
PERTAINING TO PARKING METER ENFORCEMENT
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA:
That Section 22-152 of the Code of
is hereby amended and reordained as follows:
the City of Virginia Beach
Section 22-152. Hours during which Article is applicable.
The provisions of this Article shall apply to parking
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ehe-Mea~ay-fe~ew4ng-sha½~-~e-eakea-as-ehe-he~ay-fee-She-pa~pese-e~
eh~$-Are~e~ev--Dee~edr-hewe~eer-ehae-~m-eedee-eo-p~emeee-~he-sa~e~y-e~
peesens-era~e½{a§-ea-ehe-eea&e-and-$eeee~e-ef-eh~e-G4ey-ehe-peev~$aeas-e~
eh~s-Ar~e½e-sha~-moe-app½y-ee-~he-paehimg-me~ee-~eaes-ea-ehe-Wess-$ide
e~-Ae~ane~e-Avea~e-be~weea-~eh-$e~eee-aa~-~h-$eeeeev--~aek~m§-~m-ehis
m~e~-~*99-Neem? Twenty four hours, per day on every day includin~ Federal
and State legal holidays and Sundays from May 1 to October 1 of each
calendar year.
Adopted by the Council of the City of Virginia Beach, Virginia,
on the Eleventh day of May, 1981.
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(B-2)
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ITEM II-H.2 ITEM #16639
Upon motion by Councilman Standing, seconded by Councilman Holland, City
Council voted to uphold the recommendation of the City Manager and ADOPT
the Ordinance to amend and reordain Section 6-33(d) and adding a new
Paragraph (e) of the Code of the City of Virginia Beach, Virginia,
relat ing to areas where sur f ing is permitted .
Voting: 11-0
Council Members Voting Aye.
John A. Bau4 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., Donald W. Merrick,
Meyera E. Oberndorf, and Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
None
-1 9-
AN ORDINANCE TO AMEND AND REORDAIN
SECTION 6-33(d) AND ADDING A NEW
PARAGRAPH (e) OF THE CODE OF THE
CITY OF VIRGINIA BEACH, VIRGINIA,
RELATING TO AREAS WHERE SURFING IS
PERMITTED
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA:
That Section 6-33(d) of the Code of the City of Virginia Beach,
Virginia, is hereby amended to read as follows:
(d) In the areas North of the Northern line of Camp Pendleton
to the Southern boundary of Pert-&t&ry 42nd Street between the hours of
sunrise and sunset; except, that between the period of May 15th through
September 30th, surfing is not permitted between the hours of 10:00 a.m.
and 5:00 p.m. Surfing is permitted in the area three hundred (300) feet
North of the center line of 3rd Street prolongated Eastwood extending one
hundred (100) feet North of the centerline of 5th Street prolongated
Eastward and in the area eight hundred (800) feet South of the Southern
jetty of Rudee Inlet and in the area f ive hundred (500) feet North of the
Northern jetty of Rudee Inlet between sunrise and sunset.
(e) In the areas from the Southern boundary line of 42nd
Street North to the Southern boundary line of Fort Story between the
hours of sunrise and sunset; except, that surfing is not permitted between
the period of the Friday before Memorial Day through Labor Day between the
hours of 10:00 a.m. and 5:00 p.m.
4e+ (f) In such posted surfing areas, not to exceed five hundred,
(500) feet, as the City Manager may from time to time set aside for periods
not to exceed forty-five (45) days. The City Manager shall file his reasons
for establisbing such areas within twenty-four (24) hours of such posting
with the City Clerk.
4f-@ (g) Surfing is prohibited at all times, except as provided in
paragrapb 4e+ (f), within three hundred (300) feet North and three hundred
feet (300) feet South of the Wooden Fishing Pier located between 14th Street
20-
and 15th Street, as well as the area between the North and South jetties
of Rudee Inlet.
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 Eleventh day of May, 1981.
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21-
ITEM II-H.3 ITEM #16640)
Upon motion by Councilman StandiTig, seconded by Councilman Holland, City
Council voted to uphold the recommendation of the City Manager and ADOPT
the ordinance to amend the Code of the City of Virginia Beach, Virginia,
by adding a new Section numbered 23-53.1 under Chapter 23, relating to
the entry of property of another for the purpose of damaging it, and
establishing the penalty for violating the Section.
Voting: 11-0
Council Members Voting Aye:
John A. Baun4 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., Donald W. Merrick,
Meyera E. Oberndorf., and Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
None
2 2-
AN ORDIIIANCE TO AMEND THE CODE
OF THE CTTY OF VIRGINIA BEACH
BY ADDING A NEW SECTION NUMBE RED
23-53.1 UNDER CHAPTER 23, RELATING
TO THE ENTRY OF PROPERTY OF ANOTHER
FOR THE PURPOSE OF DAMAGING IT,
AND ESTABLISHING THE PENALTY FOR
VIOLATING THE SECTION.
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That the Code of the City of Virginia Beach, Virginia, is
hereby amended by adding a new section numbered 23-53.1 under
Chapter 23 of said code, which section reads as follows:
Section 23-53.1 Same - Entering property of
another for purpose of damaging it, etc.
It shall be unlawful for any person to enter the land,
dwelling, outhouse or any other buildinq of another for the purpose
of damaging such property or any of the contents thereof or in
any manner to interfere with the rights of the owner, user or the
occupant thereof to use such property free from interference.
Any person violating the provisions of this section
shall be guilty of a Class 1misdemeanor.
This ordinance shall be in effect from and after its
adoption.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the 11 day of May 1981.
State Code Reference 18.2-121
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ITEM II-H.5 ITEM #16641
Upon motion by Councilman Standing, seconded by Councilman Holland, City
Council voted to uphold the recommendation of the City Manager and ADOPT
the Ordinance to authorize a temporary encroachment into a City 40-Foot
Drainage and Canal Easement in the Subdivision of Chelsea.
Voting: 11-0
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., Donald W. Merrick,
Meyera E. oberndorf, and Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
None
2 4 -
Requested by Public Works Department
AN ORDINANCE TO AUTHORIZE A TEMPORARY
ENCROACMENT INTO A CITY 40 FOOT DRAINAGE
AND CANAL EASEMENT IN THE SUBDIVISION OF
CHELSEA.
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 airended, Dr.
Randol)ph Savage, 1859 Duke of York Quay, Virignia Beach, Virginia, is
authorized to erect and maintain a temporary encroachment in a City 40'
drainage and canal easement located adjacent to his property.
That the teinporary encroachment herein authorized is for the purpose
of erecting and maintaining a bulkhead and pier and that said bulkhead and
pier 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 encroachment into a portion of the City's
40' drainage and canal easement designated on that
certain plat entitled, "Plan View Proposed Bulkhead
and Pier," dated February 12, 1980, a copy of which
is on file in the Virginia Beach Departnent of Public
Works and to which reference is made for a more
particular description.
PROVIDED, HOWEVER, that the temporary encroachment herein authorized
shall terminate upon notice by the City of Virginia Beach to Dr. Randolph
Savage, his heirs, assigns or successors in title and that within ninety (90)
days after such notice is given, said bulkhead and pier shall be removed from
the City 40' drainage and canal easement by Dr. Randolph Savaga, his heirs,
assigns or successors in title and that Dr. Randolph Savage, his heirs, assigns
or successors in title shall bear all costs and expenses of such removal.
AND, PROVIDED FURTHER, that it is expressly understood and agreed
that DR. RANDOLPH SAVAGE, his heirs, assigns or 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
5/ 1 1/ 81
2 5-
attorney's fees in case it shall be necessary to file or defend an action
arising out of the location or existence of such bulkhead and/or pier.
AND, PROVIDED FURTHER, that nothing herein contained shall be
construed to enlarge such permission and authority to pennit the maintenance
or construction of any encroachment other than that specified herein and to
the limited extent specified herein, nor to permit the maintenance or con-
struction of any encroachments by anyone other than Dr. Randolph Savage,
his heirs, assigns or successors in title.
Adopted by the Council of the City of Virginia Beach, Virginia, on
the 1 1 day of May -, 1981.
This ordinance shall be effective from date of adoption.
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ITEM II-H.6 ITEM #16642
Upon motion by Councilman Standing, seconded by Councilman Holland, 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 Cherie Avenue to Lamplight Manor Civic League, subject to
the following provisions:
1. The sign shall be erected in accordance with the
specifications of the Department of Public Works.
2. This encroachment shall terminate upon notice
by the City and within thirty (30) days after guch
notice is given, the encroachment shall be removed
at the expense of the Lamplight Manor Civic League.
3. The City shall be held harmless from all liabilities
relating to this encroachment.
4. The Lamplight Manor Civic League shall execute an
agreement with the City including the above provisions.
Voting: 11-0
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., Donald W. Merrick,
Meyera E. Oberndorf, and Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
None
2 7-
AN ORDINANCE TO AUTHORIZE A TEMPORARY
ENCROACHMENT INTO A PORTION OF THE
RIGHT-OF-WAY OF CHERIE AVENUE TO
LAMPLIGHT MANOR CIVIC LEAGUE.
BE I-, 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, the Lamplight Manor Civic League is authorized to
erect and maintain a temporary encroachment into the riqht-of-way
of Cherie Avenue.
That the temporary encroachment herein authorized is
for the express purpose of erecting a community identification
sign and that said siqn shall be erected in accordance with the
City of Virginia Reach Public Works Department's specifications
as to size, alignment and location, and further that such
temporary encroachment is more particularly (lescribe(i as
follows:
An area of encroachment into a
portion of the City's riqht-of-way
known as Cherie Drive, as shown on
that certain plat entitled: "Plat
Showing Right-Of-Way Encroachment
Into A Portion Of Cherie Drive
Granted to Lamplight Manor Civic
League", dated February 27, 1981, a
copy of which is on file in the
Virginia Beach Department of Public
Works and to which reference is made
for a more particular description.
PROVIDED, HO@IEVER, that such temporary encroachment
herein authorized shall terminate upon notice by the City of
Virginia Beach to any officer of Lamplight Manor Civic
League and within thirty (30) days after such notice is given,
said encroachment shall be removed from the City right-of-way of
Cherie Avenue and that the Lamplight Manor Civic Leaque shall
bear all costs and expenses of such removal; and
2 8-
AND, PROVIDED FURTHER, that it is expressly understood
and agreed that Lamplight Civic League 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 arising out of the location
or existence of said encroachment.
AND, PROVIDED FURTHER, this ordinance shall not be in
effect until such time that the Lamplight Civic League executes
an agreement with the City of Virginia Beach encompassinq the
afore-mentioned provisions.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the 11 day of May 1981
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(29-C)
APPROVED iS TO ,:O.'4TENT
GNATUItE
DEPARTMENT
SIGNMURE
CITY ATTORNEY
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2 9-
ITEM II-H.7 ITEM #16643
Upon motion by Councilman Standing, seconded by Councilman Holland, CitY
Council voted to uphold the recommendation of the City Manager and APPROVE
the Raffle Permit for Green Run Elementary School PTA.
Voting: 11-0
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., Donald W. Merrick,
Meyera E. Oberndorf, and Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
None
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P L A N N I N G A G E N D A
ITEM II-I.1 ITEM #16644
Upon motion by Councilman Merrick, seconded by Councilman Baum, City
Council voted to APPROVE the request of JEANE P. KIGHT for a variance
to Sections 4.4(b) and 4.4(d) of the SUBDIVISION ORDINANCE, as per the
following, subject to tbe following provisions:
Oak Ridge Place becoming a public street.
Appeal from Decisions of Administrative Officers in regard to
certain elements of the Subdivision Ordinance, Subdivision for
Jeane P. Kight. Property located on the South side of Oak Ridge
Place 520 feet more or less West of Little Neck Road. Plats
with more detailed information are available in the Department
of Planning.
The applicant requests variances to Sections 4.4(b) and 4.4(d)
of the Subdivision Ordinance which requires lot dimensions to
conform to the Comprehensive Zoning Ordinance and that all lots
created through subdivision liave direct access to a public street.
The applicant wishes to subdivide an approximate .89 acre site
into two (2) lots. This property is located on the North side of
Green Pine Lane, approximately 534 feet West of Little Neck Road.
Approval is subject to the following provision:
1. Oak Ridge Place is to become a public street.
Voting: 11-0
Council Members Voting Aye:
John A. Ba@ 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., Donald W. Merrick,
Meyera E. Oberndorf, and Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
None
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ITEM ii-i.2/3 ITEM i/16645
THIS ITEM AND ITEM II-I.3 WERE VOTED ON AS ONE.
Attorney H. Calvin Spain appeared in behalf of the applicant.
Upon motion by Councilman Merrick, seconded by Councilman Standing,
City Council voted to uphold the recommendation of the Planning
Commission and APPROVE the application of PROGRESSIVE CONSTRUCTION
CORPORATION AND CITY OF VIRGINIA BEACH for Changes of Zoning, as per
the following, subject to the conditions outlined in the City Manager's
1 e t t e r
ORDINANCE UPON APPLICATION OF PROGRESSIVE Z0581563
CONSTRUCTION CORPORATION FOR A CHANGE OF
ZONING DISTRICT CLASSIFICATION FROM A-1
APARTMENT DISTRICT TO B-2 COMMUNITY-
BUSINESS DISTRICT
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
Ordinance upon application of Progressive Construction Corporation
for a Change of Zoning District Classification from A-1 Apartment
District to B-2 Community-Business District on certain property
located on the West side of Cranston Lane beginning at a point
400.94 feet North of Virginia Beach Boulevard, running a distance
of 215.84 feet in a Northwesterly direction, running a distance of
161.76 feet in a Southerly direction and running a distance of
129.18 feet in an Easterly direction. Said parcel contains .222
acre. LYNNHAVEN 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. Applicant has voluntarily agreed to erect a privacy fence along
the Eastern property line which adjoins single-family residences.
This ordinance shall become effective from date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia,
on the Eleventh day of May, 1981.
3 2-
ORDINANCE UPON APPLICATION OF PROGRESSIVE Z0581564
CONSTRUCTION CORPORATION FOR A CHANGE OF
ZONING DISTRICT CLASSIFICATION FROM B-2
COMMLINITY-BUSINESS DISTRICT TO A-1 APARTMENT
DISTRICT
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
Ordinance upon application of Progressive Construction Corporation
for a Change of Zoning District Classification from B-2 Community-
Business District to A-1 Apartment District on certain property
located on the West side of the undeveloped portion of Cranston
Lane beginning at a point 616.78 feet North of Vixginia Beach
Boulevard, running a distance of 353.28 feet along the Western
property line, running a distance of 104.59 feet along the Northern
property line, running a distance of 327.93 feet along the Eastern
property line and running a distance of 90 feet along the Southern
property line. Said parcel contains .712 acre. LYNNHAVEN BOROUGIL
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. Applicant has voluntarily agreed to erect a privacy fence along
the Eastern property line which adjoins single-family residences.
This Ordinance shall be effective from date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia,
on the Eleventh day of May, 1981.
3 3-
ORDINANCE UPON APPLICATION OF THE CITY OF Z0581565
VIRGINIA BEACH FOR A CHANGE OF ZONING
DISTRICT CLASSIFICATION FROM B-2 COMMUNITY-
BUSINESS DISTRICT TO A-1 APARTMENT DISTRICT
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
Ordinance upon application of the City of Virginia Beach for a Change
of Zoning District Classification from B-2 Commtmity-Business @i-strict
to A-1 Apartmnt District on certain property located on the undeveloped
portion of Cranston Lane beginning at a point 739.65 feet North of
Virginia Beach Boulevard, running a distance of 313.98 feet along the
Eastern property line, running a distance of 50.47 feet along the Northern
property line, running a distance of 327.93 feet along the Western pro-
perty line and running a distance of 60 feet along the Southern property
line. Said parcel contains .437 acre. LYNNHAVEN BOROUGH.
Approval is subject to the 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. Applicant has vollmtarily agreed to erect a privacy fence along
the Eastern property line which adjoins single family residences.
This Ordinance shall become effective from date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia,
on the Eleventh day of May, 1981.
- 34-
Voting: 1 1-0
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., Donald W. Merrick,
Meyera E. Oberndorf, and Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
None
3 5-
ITEM II-1.4 ITEM #16646
Attorney Grover C. Wright, Jr., appeared in behalf of the applicant.
Attorney Owen B. Pickett appeared in behalf of the opposition.
Mr. Hunter appeared concerning this application.
Upon motion by Councilman Merrick, seconded by Councilwoman Henley, City
Council voted to DENY the application of W. T. MASON ESTATE for a Change
of Zoning District Classification, as per the following:
Ordinance upon application of W. T. Mason Estate for a Change of Zoning
District Classification from R-5 Residential District o@A-1 Apartment
District on certain property located at the Southeast intersection of
Laskin Road and Bayway Road, running a distance of 258.91 feet along
the South side of Laskin Road, running a distance of 10 feet in a
Southerly direction, running a distance of 69.24 feet in an Easterly
direction, running a distance of 357.57 feet along the Eastern pro-
perty line, running a distance of 379.40 feet along the Southern
property line and running a distance of 234.60 feet along the East
side of Bayway Road. Said parcel contains 2.528 acres. LYNNHAVEN
BOROUGH.
Voting: 10-1
Council Members Voting Aye. (for denial)
John A. Baum, F. Reid Ervin, Vice Mayor Harold Heischober, Barbara
M. Henley, W. H. Kitchin, IIL Reba S. McClanan, Mayor J. Henry
McCoy, Jr., D.D.S., Donald W. Merrick, Meyera E. Oberndorf, and
Patrick L. Standing
Council Members Voting Nay:
Clarence A. Holland
Council Members Absent:
None
- 36-
ITEM II-I.5 ITEM #16647
Attorney Bill Davenport appeared in behalf of the applicant.
The following appeared in opposition:
Mr. John Gravatt
Mrs. Martha Clukey presented petitions, copies of which
will be made a part of these proceedings.
Mr. Bill Drinkwater
Mr. Sigmund Baskowski, 932 North Hilltop Road
Upon motion by Councilman Merrick, seconded by Councilman Ervin, City
Council voted to DENY the application of TIDEWATER INVESTMENT PROPERTIES,
INC., for a Change of Zoning District Classification, as per the following:
Ordinance upon application of Tidewater Investment Properties, Inc.,
for a Change of Zoning District Classification from R-5 Residential
District to A-1 Apartment District on certain property located at the
Southeast corner of Wildwood Drive and Eastern Shore Road, running a
distance of 469.54 feet along the South side of Wildwood Drive, running
a distance of 868.47 feet along the Eastern property line, running a
distance of 324.51 feet along the Southern property line and running
a distance of 913.47 feet along the East side of Eastern Shore Road.
Said parcel contains 8.03 acres. LYNNHAVEN BOROUGH.
Voting: 7-4
Council Members Voting Aye: (for denial)
F. Reid Ervin, Barbara M. Henley, W. H. Kitchin, III, Reba S.
McClanan, Donald W. Merrick, Meyera E. Oberndorf, and Patrick
L. Standing
Council Members Voting Nay:
Jobn A. Baum, Vice Mayor Harold Heischober, Clarence A. Holland, M.D. ,
and Mayor J. Henry McCoy, Jr., D.D.S.
Council Members Absent:
None
3 7-
ITEM ii-1.6 ITEM #1664@
Attorney Jim Roy appeared in behalf of the applicant
*Mrs. Sharlene Harris appeared in opposition, and presented petitions,
copies of which-will be made a part of these proceedings.
Upon motion by Councilman Merrick, seconded by Councilman Standing, City
Council voted to DENY the application of RUTH GORNTO for a Change of
Zoning District Classification, as per the following:
Ordinance upon application of Ruth Gornto for a Change of Zonina
District Classification from A-1 Apartment District to A-2
Apartment District on certain property located on the East side of
West Lane beginning at a point 200 feet more or less North of Virginia
Beach Boulevard, rtmning a distance of 435.7 feet along the East side
of West Lane, running a distance of 630 feet along the Northern pro-
perty line, running a distance of 470 feet along the Eastern property
line, running a distance of 236 feet along the North side of Virginia
Beach Boulevard, running a distance of 30 feet more or less in a
Northerly direction, running a distance of 205 feet in a Westerly
direction, running a distance of 75 feet in a Northerly direction and
running a distance of 195 feet in a Westerly direction. Said parcel
contains 7.03 acres. LYNNHAVEN BOROUGH.
Voting: 8-3
Council Members Voting Aye: (for denial)
Vice Mayor Harold Heischober, Barbara M. Henley, Clarence A.
Holland, M.D., W. H. Kitchin, III, Reba S. McClanan, Donald
W. Merrick, Meyera E. oberndorf, and Patrick L. Standing
Council Members Voting Nay:
John A. Baum, F. Reid Ervin, and Mayor J. Henry McCoy, Jr., D.D.S-
Council Members Absent:
None
3 8-
ITEM II-I.7/8 ITEM #16649
COUNCILMAN HOLLAND LEFT CHAMBERS
Mr. Joe Wharton appeared in behalf of the application.
THIS ITEM AND ITEM II-I.8 WERE VOTED ON AS ONE.
Upon motion by Councilman Merrick, seconded by Councilman Baum, City
Council voted to uphold the recommendation of the Planning Commission
and APPROVE the application of VIRGINIA BEACH RACQUET CLUB NORTH
ASSOCIATES, A LIMITED PARTNERSHIP for a Change of Zoning District
Classification; AND, the application of MEADOWRIDGE ASSOCIATES for
a Change of Zoning District Classification, as per the following, subject
to the conditions outlined in the City @anager's letter:
ORDINANCE UPON APPLICATION OF VIRGINIA BEACH Z0581566
RACQUET CLUB NORTH ASSOCIATES FOR A CHANGE
OF ZONING DISTRICT CLASSIFICATION FROM R-1
RESIDENTTAL DISTRICT TO R-3 RESIDENTIAL
DISTRICT
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
Ordinance upon application of Virginia Beach Racquet Club North
Associates, a Limited Partnership, for a Change of Zoning
District Classification from R-1 Residen@ial District to R-3
Residential District on certain property located on the East
side of Thomas Bishop Lane beginning at a point 1150 feet more
or less North of the intersection of Thomas Bishop Lane and
North Great Neck Road, running a distance of 40 feet more or
less along the East side of Thomas Bishop Lane, running a distance
of 320 feet more or less in a Northeasterly direction, rtmning a
distance of 177.07 feet in an Easterly direction, running a
distance of 148.37 feet along the Eastern property line, running a
distance of 290.16 feet along the Southern property line, and
running a distance of 172.71 feet in a Southwesterly direction.
Said parcel contains 1.20 acres. LYNNHAVEN BOROUGH.
Approval is subject to the following provisions in conjunction with
the intended use of the land:
1. Standard improvements as required by the Subdivision Ordinance.
2. City water and sewer.
3. An adequate drainage outfall system with all the necessary
downstream improvements and easements is required.
This Ordinance shall be effective from date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia,
on the,Eleventh day of May, 1981.
3 9-
ORD@CE UPON APPLICATION OF MEADOWRIDGE Z0581567
ASSOCIATES, A GENERAL PARTNERSHIP, FOR A
CHANGE OF ZONING DISTRICT CLASSIFICATION
FROM R-1 RESIDENTIAL DISTRICT TO R-2
RESIDENTIAL DISTRICT
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
Ordinance upon application of Meadowridge Associates, a General
Partnership, for a Change of Zoning District Classification from
R-1 Residential District to R-2 Residential District on certain
property located on the East side of Tbomas Bishop Lane beginning
at a point 1190 feet more or less North of the intersection of
Thomas Bishop and North Great Neck Road, running a distance of
100 feet along the East side of Thomas Bishop Lane, running a
distance of 119.81 feet in a Northeasterly direction, running a
distance of 347.92 feet in a Northerly direction, running a distance
of 220 feet more or less along the Northern property line, running a
distance of 351.40 feet along the Eastern property line, running a
distance of 240 feet more or less in a Southwesterly direction,
running a distance of 60 feet more or less in a Northwesterly direction
and running a distance of 50 feet more or less in a Southerly direction.
Said parcel contai:ns 2.69 acres. LYNNHAVEN BOROUGH.
Approval is subject to the following provisions in conjunction with
the intended use of the land:
1. Standard improvements as required by the Subdivision Ordinance.
2. City water and sewer.
3. No dredging, filling, bulkheading, or other waterfront related
activity will be allowed without the proper permits from the
appropriate local, state and federal agencies.
This Ordinance shall be effective from date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia,
on the Eleventh day of May, 1981.
40 -
Vot in g: 10 -0
Council Members Voting Aye:*
John A. Ba@ F. Reid Ervin, Vice Mayor Harold Heischober, Barbara
M. Henley, W. H. Kitchin, III, Reba S. McClanan, Mayor J. Henry
McCoy, Jr., D.D.S., Donald W. Merrick, Meyera E. Oberndorf, and
Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
Clarence A. Holland, M.D.
*VERBAL ROLL CALL OF COUNCIL
-41-
ITEM II-I.1 ITEM #16650
COUNCILMAN HOLLAND RETURNED TO CHAMBERS
Attorney Richard Booie appeared in behalf of the applicant.
Upon motion by Councilwoman Henley, seconded by Councilwoman Oberndorf,
City Council voted to uphold the recommendation of the Planning Commission
and APPROVE tbe applications of NORTH BAY CORPORATION for Changes of Zoning,
as per the following, subject to the conditions outlined in the City
Manager's letter:
ORDINANCE UPON APPLICATION OF NORTH BAY Z0581568
CORPORATION FOR A CHANGE OF ZONING DISTRICT
CIASSIFICATION FROM R-4 RESIDENTIAL DISTRICT
TO R-5 RESIDENTIAL DISTRICT
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
Ordinance upon application of North Bay Corporation for a Change of
Zoning District Classification from R-4 Residential District to R-5
Residential District on certain property located at the Northwest
intersection of Sandpiper Road and Molly Cooper Road, running a dis-
tance of 350 feet along the West side of Sandpiper Road, running a
distance of 150 feet along the Northern property line, running a dis-
tance of 370 feet along the Western property line and running a dis-
tance of 80 feet along the North side of Molly Cooper Road. Said
parcel contains 1.06 acres more or less. PUNGO BOROUGH.
Approval is subject to the following provisions in conjlmction with
the intended use of the land:
1. Standard improvements as required by the Subdivision Ordinance.
2. This site is approved for septic tank and City water.
3. Right-of-way improvements necessary along both Sandpiper Road
and Molly Cooper Road; including pavement widening and overlay,
as well as drainage facilities will be a condition of site plan
approval.
4. No dredging, filling, bulkheading, or other waterfront-related
activity will be allowed without the proper permits from the
appropriate local, state and federal agencies.
This Ordinance shall be effective from date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia,
on the Eleventh day of May, 1981.
4 2-
ORDINANCE UPON APPLICATION OF NORTH BAY Z0581569
CORPORATION FOR A CHANGE OF ZONING DISTRICT
CLASSIFICATION FROM AG-2 AGRicnTURAL DISTRICT
TO R-5 RESIDENTIAL DISTRICT
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
Ordinance upon application of Nortb Bay Corporation for a Change of
Zoning District Classification from AG-2 Agricultural District to R-5
Residential District on certain property located on the North side of
Molly Cooper Road beginning at a point 80 feet West of Sandpiper Road,
running a distance of 180 feet along the North side of Molly Cooper
Road, running a distance of 362 feet along the Western property line,
running a distance of 59 feet along the Northern property line and
running a distance of 370 feet along the Eastern property line. Said
parcel contains .76 acre more or less. PUNGO BOROUGH.
Approval is subject to the following provisions in conjunction with
the intended use of the land:
1. Standard improvements as required by the Subdivision Ordinance.
2. This site is approved for septic tank and City water.
3. Right-of-way improvements necessary along both Sandpiper Road
and Molly Cooper Road; including pavement widening and overlay,
as well as drainage facilities will be a condition of site plan
review.
4. No dredging, filling, bulkheading, or other waterfront-related
activity will be allowed without the proper permits from the
appropriate local, state and federal agencies.
This Ordinance shall be effective from date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia,
on the Eleventh day of @, 1981.
4 3-
Voting: 1 1-0
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., Donald W. Merrick,
Meyera E. Oberndorf, and Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
None
4 4-
0 R D I N A N C E S F I R S T R E A D I N G S
ITEM II-J.1 ITEM #16651
Daniel Kerr, President, Fraternal Order of Police, spoke on the
proposed Budget and reminded Council of the memorial service for
Police Officers Wednesday, May 13, 1981, at 10:00 a.m.
Glen Dunn, Vice President, Fraternal Order of Fire, spoke on the
proposed Budget.
Councilman Holland made a motion, seconded by Councilman Baum, to
increase the Real Estate Tax Levy to Seventy-Six cents (76cts) per
One Hundred Dollars ($100) of assessed value; AND, increase the
School Board Budget by Two Million Dollars ($2,000,000).
Vot ing 4- 7
Council Members Voting Aye:
John A. Baum, Clarence A. Holland, M.D. , Mayor J. Henry McCoy,
Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
F. Reid Ervin, Vice Mayor Harold Heischober, Barbara M.
Henley, W. H. Kitchin, III, Reba S. McClanan, Donald W.
Merrick, and Patrick L. Standing
Council Members Absent:
None
-4 5-
ITEM #16652
Councilman Ervin made a motion to APPROVE ON FIRST READING the Ordinance
establishing the Tax Levy on Real Estate for Tax Fiscal Year 1982, as
proposed by the City Manager.
Councilman Ervin REVISED his motion to incl.de ITEM II-J.l.a, J.l.b,
J.l.c, J.l.d, J.l.e, J.l.f, J-1.9, J.l.h, J.l.i of the proposed
Budget for Fiscal Year 1981-82, seconded by Councilman Standing.
J.l.a Ordinance on FIRST READING making appropriations
for the Fiscal Year beginning July 1, 1981, and
ending June 30, 1982, in the sum of $238,076,358
for Operations and $71,158,774 in Interfund
Transfer and regulating the payment of money out
of the City Treasury, as amended.
J.l.b Ordinance on FIRST READING establishing the
tax levy on Real Estate for Tax Fiscal Year
1 982.
J.l.c Ordinance on FIRST READING to amend and reordain
Section 33-12, Chapter 33 of the Code of the City
of Virginia Beach relating to the taxes on Utility
Services.
J.l.d Ordinance on FIRST READING establishing the tax
levy on personal property and machinery and tools
for the Calendar Year 1982.
J.l.e Ordinance on FIRST READING to amend and reordain
Section 22-68 of the Code of the City of Virginia
Beach relating to license taxes on motor vehicles.
i.i.f Ordinance on FIRST READING to amend and reordain
Section 33-24, Chapter 33 of the Code of the City
of Virginia Beach relating to the tax on the sale
of cigarettes.
J.l.g Ordinance on FIRST READING to amend and reordain
Section 27-15, Chapter 27 of the Code of the City
of Virginia Beach relating to the assessment for
the use of the Public Law Library.
J.l.h Ordinance on FIRST READING to amend and reordain
Section 33-60 of the Code of the City of Virginia
Beach relating to taxes on persons admitted to,
and refreshments, etc., sold, etc., at places of
amusement and entertainment.
Ordinance on FIRST READING to amend and reordain
Section 33-76 of the Code of the City of Virginia
Beach relating to tax on persons obtaining food,
etc., at restaurants, etc., charging therefor.
Councilman Standing made a motion, seconded by Councilman Merrick, that
there will be no filling of new positions without approval of the City
Council upon the conditions of the Reserve for Contingencies, and no
new services.
It was the consensus of Council that no motion was necessary as it was
for clarification purposes only.
46 -
AN ORDINANCE MAKING APPROPRIATIONS FOR THE
FISCAL YEAR BEGINNING JULY 1, 1981 AND ENDING
JUNE 30, 1982, IN THE SUM OF TWO HUNDRED
THIRTY-EIGHT MILLION, SEVENTY-SIX THOUSAND,
THREE HUNDRED FIFTY-EIGHT WLLARS ($238,076,358)
FOR OPERATIONS AND SEVENTY-ONE MILLION, ONE
HUNDRED FIFTY-EIGHT THOUSAND, SEVEN HUNDRED
SEVENTY-FOUR DOLLARS ($71,158,774) IN INTERFUND
TRANSFERS AND REGULATING THE PAYMENT OF MONEY
OUT OF THE CITY TREASURY, AS AMENDED.
WHEREAS, the City Manager has heretofore submitted to the Council an
Annual Budget for the City for the fiscal year beginning July 1, 1981, and
ending June;30, 1982, and it is necessary to appropriate sufficient funds to
cover said budget.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
Section 1. That the amounts named aggregating THREE HUNDRED NINE
MILLION, TWO HUNDRED THIRTY-FIVE THOUSAND, ONE HUNDRED THIRTY-TWO DOLLARS
($309,235,132) consisting of SEVENTY-ONE MILLION, ONE HUNDRED FIFTY-EIGHT
THOUSAND, SEVEN HUNDRED SEVENTY-FOUR DOLLARS ($71,158,774) in interfund
transfers and TWO HUNDRED THIRTY-EIGHT MILLION, SEVENTY-SIX THOUSAND,
THREE HUNDRED FIFTY-EIGHT DOLLARS ($238,076,358) for operations or so inuch
thereof as may be necessary as set forth in the Annual Budget for the fiscal
year 1981-82, submitted by the City Manager on the date of April 1, 1981 are
hereby appropriated, subject to the conditions hereafter set forth, for the
year 1981-82, for the use of the several departments and specially desig-
nated funds of the City Government, and for the purposes hereafter men-
tioned, as set forth in said Annual Budget, which is hereby incorporated by
reference, for the fiscal year beginning July 1, 1981 and ending June 30,
1982 as follows:
4 7-
Budget
Item of Expenditures 1981-1982
GENERAL FUND:
Legislative Department:
Municipal Council $ 825,422
City Clerk 146,030
Total $ 971,452
Executive Department:
City Manager $ 259,806
Public Information Office 231,092
Grants Office 92,623
Office of Emergency Services 178,383
Office of Emergency Medical Services 370,160
Total $ 1,132,064
Law Department:
City Attorney $ 734,424
Finance Department:
Commissioner of the Revenue $ 1,033,008
Board of Equalization 15,292
City Real Estate Assessor 769,078
Treasurer 11228,772
Director of Finance:
Administration 193,727
Research 129,790
Budget 146,466
Accounting 564,868
Payroll 128,479
Business License Audit 189,744
Independent Auditing 50,000
Purchasing 202,208
Total $ 4,651,432
Personnel Department:
Administration $ 89,665
Employee Relations 177,451
Testing and Selection 128,422
Wage and Salary 145,280
Total $ 540,818
Judicial Department:
Circuit Court $ 120,224
General District Court 12,872
Juvenile and Domestic Relations District Court 14,981
Commonwealth's Attorney 767,288
Co=onwealth's Attorney - Social Services Fraud 57,090
High Constable 282,896
Clerk of the Circuit Court 288,507
Magistrates 5,705
Sheriff's Office 274,153
48-
Budget
Item of Expenditures 1981-1982
GENERAL FUND:
Judicial Department: (concluded)
Correctional Operations:
Court Support Services $ 195,622
Treatment 466,964
Custodial 1,391,815
Juvenile Probation:
Management and,Support 318,845
Intake Unit 223,858
Diversion Unit 131,363
Field Units 376,675
Total $ 4,928,858
Health Department:
Preventive Medicine $ 783,342
City Physician 180,489
Total $ 963,831
Social Services Department:
Director of Social Services $ 4,404,965
Public Assistance 11595,600
Hospitalization 290,000
Total $ 6,290,565
Police Department:
Administration:
Chief's Staff $ 405,976
Personnel and Training 278,515
Services Division:
Police Records 456,977
Warrants, Inventory and Evidence Unit 312,654
Police Identification 353,635
Uniform Division:
Auxiliary Police 38,610
Patrol and Administrative Support 6,604,194
S.P.O.T. 1,876,619
Communications Division 1,564,123
Investigative Division 21706,816
Animal Control 548,139
Medical Examiner , 41500
Total $ 15,150,758
Public Works Department:
Administration:
Director's Staff $ 199,656
Real Estate Office 225,656
Business Office 119,982
Highway Division:
Administration 320,221
Inspections 298,812
4 9- Budget
Item of Expenditures 1981-1982
GENERAL FUND:
Public Works Department: (concluded)
Highway Division: (concluded)
Street Maintenance $ 4,193,668
Drainage Maintenance 1,201,640
Bridge Maintenance 845,887
Engineering Division:
Administration 392,082
Surveying and Mapping 810,788
Drafting 211,477
Waterfront Operations/Inspections 105,085
Special Projects 125,849
Building Construction 112,125
Inspections 355,570
Traffic Engineering Division:
Design and Administration 977,052
Operations 1,413,534
Solid Waste Division:
Solid Waste Administration 134,519
Refuse Disposal 1,217,097
Refuse Collection 41771,690
Sanitation Inspections 162,069
Back Bay Salt Water Project 56,577
Erosion Commission 11258,419
Mosquito Control-Kempeville/Bayside 505,426
Mosquito Control-Princess Anne 285,205
Mosquito Control-Lynnhaven 418,542
Total $ 20,718,628
Parks and Recreation:
Director of Parks and Recreation $ 230,564
Parks and Maintenance:
Administration 194,147
Construction and Maintenance 1,725,409
Parks and Beaches 858,236
Virginia Beach Transit 498,143
Recreation:
Virginia Beach Recreation Center (Kempsville) 716,919
Bow Creek Recreation Center 219,935
Administration 212,122
Adult Activities 456,480
Youth Activities 577,597
Athletics 291,814
Total $ 5,981,366
Library Department:
Administration $ 325,803
Branch Libraries:
Great Neck Branch Library 198,542
Bayside Branch Library 205,175
Oceanfront Branch Library 193,341
Kempaville Branch Library 208,883
Windsor Woods Branch Library 230,366
-50- Budget
Item of Expenditures 1981-1982
GENERAL FUND:
Library Department: (concluded)
Reference Services $ 388,059
Extension Services 149,136
Special Services 124,195
Technical Services 523,270
Total $ 2,546,770
Planning Department:
Management and Support $ 447,285
Comprehensive Planning 155,537
Operations 158,158
Total $ 760,980
Agriculture Department:
Administration $ 107,729
VPI Extension Services 152,185
Environmental Services 52,261
Total $ 312,175
Department of Economic Development:
Director of Economic Development $ 153,865
Civic Center 63,684
Tourist Development 11209,658
Industrial Development 399,217
Convention Promotion 331,162
Pavilion 823,612
Total $ 2,981,198
Department of General Services:
Administration:
Director of General Services $ 114,028
Employee Safety 94,748
Building Maintenance:
Management and Support 1,408,930
Electrical 316,192
Heat and Air Conditioning 450,904
General Maintenance 11227,788
Custodial 1,412,997
Landscape Division:
Superintendent of Landscape Services 434,616
Grounds Maintenance 1,051,295
Beautification 1,121,616
Mail Distribution 137,621
Total $ 7,770,735
Boards and Commissions:
General Registrar $ 225,512
Zoning Board of Appeals 14,450
Budget
Item of Expenditures 1981-1982
GENERAL FUND:
Boards and Commissions: (concluded)
Arts and Humanities Commission $ 68,780
Mass Transit Operations 570,000
Wetlands Board of Virginia Beach 5,870
Total $ 884,612
Non-Departmental:
Employee Training and
Special Benefits $ 283,000
Total $ 283,000
Fire Department:
Administration $ 265,856
Fire Prevention 683,756
Fire Suppression 6,328,288
Training 270,983
Forestry 7,500
Total $ 7,556,383
Department of Data Processing:
Director's Office $ 193,711
Operations:
Technical Support 354,758
Computer Operations 11513,535
Systems and Programming 838,279
Central Files 213,750
Total $ 3,114,033
Department of Permits and Inspections:
Administration $ 264,742
Consumer Protection 174,318
Housing Code Enforcement 135,174
Building Inspections 539,064
Zoning Code Enforcement 197,238
Total $ 1,310,536
Department of Mental Health:
Board Office $ 175,499
Comprehensive Mental Health:
Program Clinical Support 299,877
Consultation and Education 160,349
Outpatient Services 202, 60 6
Community Rehabilitation 231,793
Emergency Services 199,879
Children's Services 290,083
5 2- Budget
Item of Expenditures 1981-1982
GENERAL FUND:
Department of Mental Health: (concluded)
Mental Retardation/Developmental Disabilities:
Program Support $ 105,452
Residential Services 76,354
Adult Services 192,596
Transportation Program 59,142
Respite Care Program 42,121
Infant Stimulation Program 16,527
Case Management 26,143
Substance Abuse Services 529,670
Alcohol Safety Action Program 91,395
Total $ 2,699,486
Transfer to Other Funds: $ 67,792,642
Reserve for Contingencies:
Regular $ 300,000
Salary 2,500,000
Total $ 2,800,000
TOTAL GENERAL FUND $162 876 746
WATER AND SEWER FUND
Department of Public Utilities:
Director's Office $ 209,974
Engineering 1,471,783
Water Production/Resources 4,925,902
Operations Administration 321,793
Water Distribution 1,909,783
Water Pump Stations 992,966
Sewer Collection 1,223,691
Sewer Pump Stations 1,444,461
Customer Services 21166,470
Total $ 14,666,823
Revenue Bond Debt Service: $ 5,310,020
Transfer to Other Funds: $ 3,350,729
Reserve for Contingencies:
Regular $ 750,000
Salary 250,000
Total s 1,000,000
TOTAL WATER AND SEWER FUND $ 24 327 572
SCHOOL OPERATING FUND
Department of Education:
Administration $ 1,207,418
Research, Planning and Development 190,121
5 3- Budget
Item of Expenditures 1981-1982
SCHOOL OPERATING FUND
Department of Education: (concluded)
Instruction $ 58,639,354
Other Instructional Costs 8,877,887
Attendance and Health 1,329,499
Pupil Transportation 5,102,654
Operation of School Plant 6,573,054
Maintenance of School Plant 4,080,098
Fixed Charges 17,581,663
Summer School 508,419
General Adult Education 182,899
Basic Adult Education 191,555
Vocational Adult Education 224,778
Capital Outlay 573,082
Total Requested $ 105,262,481
Less: City Manager Reductions $ 6,554,865
Plus: City Council Increases .$ 1,500,000
TOTAL EDUCATION $100 207 616
LAW LIBRARY FUND
Law Library $ 27,098
Transfers to Other Funds: $ 15,403
TOTAL LAW LIBRARY FUND 42,501
BOARDWALK TRAINS ENTERPRISE FUND
Boardwalk Trains $ 29,801
Reserve for Contingencies 10,000
TOTAL BOARDWALK TRAINS ENTERPRISE FUND $ 39 801
GOLF COURSES ENTERPRISE MD
Red Wing Golf Course $ 331,907
Bow Creek Golf Course 242,919
Reserve for Contingencies 10,000
TOTAL GOLF COURSES ENTERPRISE $ 584 826
OWL CREEK TENNIS CENTER ENTERPRISE FUND
Owl Creek Municipal Tennis Center $ 20,165
Reserve for Contingencies 3,000
TOTAL OWL CREEK TENNIS CENTER ENTERPRISE FUND $ 23,165
5 4 Budget
Item of txpenditures 1981-1982
FARMERS' PRODUCE MARKET ENTERPRISE FUND
Farmers' Produce Market $ 110,187
Reserve for Contingencies 20,000
TOTAL FARMERS' PRODUCE MARKET ENTERPRISE FUND $ 130 187
SIX BOROUGH SCHOOL DEBT FUND
Debt Service $ 318 875
BAYSIDE AND KEMPSVILLE BOROUGHS SCHOOL DEBT FUND
Debt Service $ 9 523
GENERAL DEBT FUND
Debt,Service $ 19 364 963
VIRGINIA BEACH BOROUGH GENERAL DEBT FUND
Debt Service $ 20 500
GRANTS CONSOLIDATED FUND
Judicial Department:
Pendleton Child Service Center $ 523,477
Department of Mental Health:
Community Trust 25,380
TOTAL GRANTS CONSOLIDATED FUND $ 548 857
TIDEWATER VIRGINIA ASAP FUND
Judicial Department:
Tidewater Virginia ASAP $ 540 000
WATER AND SEWER CAPITAL PROJECTS FUND
Transmission and Distribution $ 200 000
TOTAL BUDGET $ 309,235,132
Less: Interfund Transfer - 71,158,774
NET BUDGET $238 076 358
Section 2. Subject to the provisions of Chaper 2, Article III, of the
Virginia Beach City Code, the salaries and wages set forth in detail in said
Annual Budget, are hereby authorized and fixed as the maximum compensation
to be paid for services rendered.
The total of positions, shall be the maximum number of positions
authorized for the various departments of the City during said fiscal year
except changes or additions authorized by the Council and as hereinafter
provided. The City Manager may from time to time increase or decrease the
number of temporary positions provided the aggregate amount expended for
such services shall not exceed the respective appropriations made therefor.
The City Manger is authorized to make such rearrangements of positions
within and between bureaus, divisions, and departments named herin, as nlay
best meet the uses and interests of the City.
Section 3. All collections of delinquent City taxes shall be credited
to the General Fund of the City by the Treasurer.
Section 4. All collections of local taxes levied shall be credited to
the General Fund of the City. Transfers shall be made from the General Fund
to the respective specially designated funds for which a levy is made in the
respective amounts levied for each such specially designated fund.
Section 5. All tax abatements and tax supplements dated subsequent to
June 1, 1982 for the FY 1982 tax year shall accrue to the General Fund of
the City.
Section 6. All balances of the appropriations payable out of each fund
of the City Treasury unencumbered at the close of business on the thirtieth
(30th) day of June, 1982, except, as otherwise provided for, are hereby
5 6-
declared t,o be laps@ed into the surplus of the respective funds, except
Scho6l Operatin@ Fund which shall lapse into the General Fund Surplus, and
shall be used for the.payment of the appropriations which may be made in the
appropriation ordinance for the,fiscal year beginning July 1, 1982.
Section 7. No department or agency receiving appropriations under the
provisions of this Ordinance shall exceed the amount of its or his appro-
priations except with consent and approval of the City Council first being
obtained, but it ig expressly provided that the restrictions with respect to
the expenditure of the funds appropriated shall apply only to the totals for
each budget unit included in this Ordinance.
The City Manager is hereby authorized to approve transfers for
appropriations within any department or between departments in an amount not
to exceed $10,000 in any single transaction, and further, he is authorized
to approve transfers and expenditures from the Reserve for Contingencies in
an amount not to exceed $10,000 in any single transaction except as herein
provided. The City Manager may limit expenditures to the classes of appro-
priations as set forth in the budget document or as required by the State
Auditor of Public Accounts if such requirements are different from the
classes shown in the budget document. In addition, the City Manager may
transfer appropriations from Reserve for Contingencies, in amounts necessary,
for across-the-board salary increases approved by City Council.
Section 8. Nothing in this section shall be construed as authorizing
any reduction to be made in the amount appropriated in this Ordinance for
the payment of interest or bonds on the bonded debt of the City Government
or the former political subdivisions of Virginia Beach and Princess Anne
County.
5 7-
Section 9. Allowances out of any of the appropriations made in this
Ordinance by any or all of the City departments, bureaus or agencies, to any
of their officers and employees for expenses on account of the use by such
officers and employees of their personal automobiles in the discharge of
their official duties shall not exceed eighteen and one-half cents (18-1/2cts)
per mile of actual travel for the first 15,000 miles and ten cents (10cts) per
mile for additional miles of such use within the fiscal year.
Section 10. All traveling expense accounts shall be submitted on forms
approved by the Director of Finance and according to regulations approved by
the City Council. Each account shall show the dates expenses were incurred
or paid; number of miles traveled; method of travel; hotel expenses, meals
and incidental expenses. The Director of Finance is specifically directed
to withhold the issuance of checks in payment of expense accounts submitted
for "lump-sum" amounts, except in the case of including payments to
employees of the School Board.
Section 11. That this Ordinance shall be in effect from and after tlie
date of its adoption.
Section 12. That if any part or parts, section or sections, sentences,
clause or phrase of this Ordinance is for any reason declared to be
unconstitutional or invalid, such decision shall not affect the validity of
the remaining portions of this Ordinance.
First Reading: May 1,1, 1981
Second Reading:
Adopted by the Council of the City of Virginia Beach, Virginia, on the
day of 1981.
5 8-
AN ORDINANCE ESTABLISHING THE TAX LGVY
ON REAL ESTATE FOR TAX FISCAL YEAR 1982
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
Section 1. AMOUNT OF LEVY ON REAL ESTATE.
There shall be levied and collected for fiscal year 1982 taxes for
general purposes on all real estate, not exempt from taxation and not other-
wise provided for in this Ordinance, a rate of seventy-two cents ($.72) on
each one hundred dollars ($100) of assessed valuation thereof. The real
property tax rates which have been prescribed in this section shall be
applied on the basis of one hundred percentum of the fair market value of
such real property except for public service real property which shall be on
the basis as provided in Section 58-512.1 of the Code of Virginia, as
amended.
Section 2. AMOUNT OF LEVY ON UNEQUALIZED PUBLIC SERVICE REAL ESTATE AS
PROVIDED FOR IN SECTION 58-512.1 OF THE CODE OF VIRGINIA (1950), AS AMENDED.
There shall be levied and collected for general purposes for fiscal
year 1982 taxes on all Public Service Real Property, which has not been
equalized as provided for in Section 58-512.1, of the Code of Virginia
(1950), as amended, on each one hundred dollars ($100) of assessed valuation
thereof at a rate to be determined in accordance with Section 58-514.2 of
the Code of Virginia (1950), as amended.
Section 3. AMOUNT OF LEVY ON "CERTIFIED POLLUTION CONTROL EQUIPMENT
AND FACILITIES" CLASSIFIED AS REAL ESTATE.
There shall be levied and collected for general purposes for fiscal
year 1982 taxes on all real estate certified by the Commonwealth of Virginia
5 9-
as "Pollution Control Equipment and Facilities" not exempt from taxation, a
rate of seventy-two centa ($.72) on each one hundred dollars ($100) of
assessed valuation thereof. The real property tax rates imposed in this
section shall be applied on @he basis of one hundred percentum of fair
market value of such real property.
Section 4. CONSTITUTIONALITY.
That if any part or parts, section or sections, sentences, clause or
phrase of this Ordinance is for any reason declared to be unconstitutional
or invalid, such decision shall not affect the validity of the remaining
portion of this Ordinance.
Section 5. EFFECTIVE DATE.
This Ordinance shall be in effect from and after the date of its
adoption.
First Reading: May 11, 1981
Second Reading:
Adopted by the Council of the City of Virginia Beach, Virginia, on the
day of 1981.
- 60-
AN ORDINANCE TO AMEND AND REORDAIN SECTION 33-12,
CHAPTER 33 OF niE CODE OF THE CITY OF VIRGINIA
BEACH REIATING TO THE TAXES OF UTILITY SERVICES
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH:
That Section 33-12 of the Code of the City of Virginia Beach, Virginia,
is hereby amended to read as follows:
Section 33-12. Imposition and levy; collection and payment generally.
For each year beginning January first and ending December thirty-first
of each such year, unless otherwise changed by the council; there is hereby
imposed and levied by the city upon each residential purchaser of a utility
service a tax in the amount of twenty percent of the charge, exclusive of
any federal tax thereon, made by the seller against the purchase with
respect to each utility service, and in addition there is hereby imposed
and levied by the city upon each commercial or industrial purchaser of a
utility service a tax in the amount of twelve twenty percent of the charge,
except as otherwise herein Provided. exclusive of any federal tax thereon,
made by the seller against the purchaser with respect to each utility
service. Such tax, in every case, shall be collected by the seller from the
purchaser and shall be paid by the purchaser unto the seller for the use of
the city at the time that the purchase price or such charge shall become due
and payable. The tax hereby imposed shall not be applied to any portion of
a monthly charge for a commercial or industrial purchaser that exceeds four
hundred dollars.
61-
With respect to commercial purchasers of telephone services, the tax
shall be twenty percent on basic charges for local exchange telephone ser-
vice, and all other services provided in connection with local exchange
telephone service shall be taxed at four percent.
For the purpose of this division the words "commercial or industrial
purchaser" shall not be construed to include a purchaser in the business of
renting apartments or other such dwelling units as to utility service fur-
nished directly to an apartment or other such dwelling unit; and provided,
however, that utility services purchased by such purchaser through separate
meters for hallways, swimming pools, outside lighting and other accessory
uses shall be deemed commercial or industrial purchases.
This ordinance shall become effective on bills rendered on meter
readings taken on and after June 1, 1981, with respect to the the purchase
of any gas, electric, or water service, and on charges first appearing on
bills dated on and after June 1, 1981, with respect to local telephone
service.
First Reading: May 11, 1981
Second Reading:
Adopted by the Council of the City of Virginia Beach, Virginia, on the
day of 1981.
62
AN ORDINANCE ESTABLISHING THE TAX LEVY ON
PERSONAL PROPERTY AND MACHINERY AND TOOLS
FOR niE CALENDAR YEAR 1982.
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
Section 1. AMOUNT OF LEVY ON TANGIBLE PERSONAL PROPERTY.
There shall be levied and collected for general purposes for the 1982
calendar year taxes on all tangible personal property, not exempt from taxa-
tion and not otherwise provided for in this Ordinance, at the rate of six
dollars ($6) on each one hunded dollars ($100) of assessed valuation
thereof. The rate imposed by this section shall be applied on the basis of
45% 50% of the fair market value of such personal property.
Section 2. AMOUNT OF LEVY ON CERTAIN VEHICLES CLASSIFIED AS PERSONAL
PROPERTY USED AS MOBILE HOMES OR OFFICES.
There shall be levied and collected for general purposes for the calen-
dar year 1982 taxes on all vehicles without motor power as defined in
Section 36-71 of the Code of Virginia (1950), as amended, used or designated
to be used as mobile homes or offices or for other means of habitation by
any person, a rate of seventy-two cents ($.72) on each one hundred dollars
($100) of assessed valuation thereof. The personal property rates which
have been prescribed in this section shall be applied on the basis of one
hundred percentum of the fair market value of such personal property.
6 3-
Section 3. AMOUNT OF LEVY ON ALL BOATS OR WATERCRAFT UNDER FIVE TONS
BURTHEN USED FOR BUSINESS OR PLEASURE.
There shall be levied and collected for the calendar year 1982 for
general purposes taxes on all boats or watercraft under five tons burthen
used for business or pleasure, at the rate of Six dollars ($6) on each One
hundred dollars ($100) of assessed valuation thereof. The rate imposed by
this section shall be on the basis of forty-five fifty percentum of the fair
market value of such personal property.
Section 4. AMOUNT OF LEVY ON "CERTIFIED POLLUTION CONTROL EQUIPMENT
AND FACILITIES" CLASSIFIED AS TANGIBLE PERSONAL PROPERTY.
There shall be levied and collected for the calendar year 1982 for
general purposes taxes on all tangible personal property certified by the
Commonwealth of Virginia as "Pollution Control Equipment and Facilities" not
exempt from taxation, at the rate of six dollars ($6) on each one hundred
dollars ($100) of assessed valuation thereof. The rate imposed by this sec-
tion shall be applied on the basis of 45% 50% of the fair market value of
such personal property.
Section 5. AMOUNT OF LEVY ON FARM MACHINERY AND IMPLEMENTS, FARM TOOLS,
AND FARM LIVESTOCK, INCLUDING ALL HORSES, POULTRY, AND GRAINS AND FEEDS
USED FOR TRE NURTURE OF FARM LIVESTOCK AND POULTRY.
There shall be levied and collected for general purposes for the 1982
calendar year, taxes on all farm machinery and implements, farm tools, and
farm livestock, including all horses, poultry, and grains and feeds used for
the nurture of farm livestock and poultry, not exempt from taxation, at the
rate of one dollar ($l) on each one hundred dollars ($100) of assessed
64
valuation thereof. The rate imposed by this section shall be applied on the
basis of 45% 50% of the fair market value of such personal property.
Section 6. AMOUNT OF LEVY ON MACHINERY AND TOOLS.
There shall be levied and collected for the calendar year 1982 for
general purposes taxes on machinery and tools, not exempt from taxation, at
the rate of one dollar ($I) on each one hundred dollars ($100) of assessed
valuation thereof. The tax imposed by this section shall be applied on the
basis of 45% 50% of the fair market value of such machinery and tools.
Section 7. CONSTITUTIONALITY.
That if any part or parts, section or sections, sentences, clause or
phrase of this ordinance is for any reason declared to be unconstitutional
or invalid, such decision shall not affect the validity of the remaining
portions of this ordinance.
Section 8. EFFECTIVE DATE.
This ordinance shall be in effect January 1, 1982.
First Reading: May 11, 1981
Second Reading:
Adopted by the Council of the City of Virginia, Beach, Virginia, on the
day of 1981.
AN ORDINANCE TO AMEND AND REORDAIN SECTION 22-68
OF THE CODE OF THE CITY OF VIRGINIA BEACH RELATING
TO LICENSE TAXES ON MOTOR VEHICLES
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH:
That Section 22-68 of the Code of the City of Virginia Beach, Virginia,
is hereby amended to read as follows:
Section 33-60. Imposition of license tax.
There is is hereby imposed a license (fee) of fifteen dollars ($15.00)
per year for each license year as provided in this article upon every person
owning a motor vehicle weighing four thousand pounds or less designed and
used for the transportation of passengers, which shall include every vehicle
which is self-propelled or designed for self-propulsion, regularly kept in
the city and used upon the public roadways of the city, except as herein
otherwise specifically provided. If the motor vehicle weighs in excess of
four thousand pounds, the license fee shall be twenty dollars ($20.00) per
year for each license year.
No license fee shall be required of any person for any vehicle not
required to obtain an annual registration certificate and license by the
Code of Virginia, Section 46.1-45 et seq., or any vehicle specifically
exempt by Code of Virginia, Section 46.1-66.
On and after January 1, 1967, The license tax for motorcycles shall be
three dollars ($3.00) eight dollars ($8.00) per year for each license year
as provided in this article.
6 6 -
The annual license tax on a one-wheel or two-wheel trailer of a cradle,
flat bed or open pickup type which @ a body width not greater than the
width of the motor vehicle to which it is attached at any time of operation,
which is pulled or towed by a passenger car or station wagon, or a pickup or
panel truck having an actual gross vehicle weight not exceeding five
thousand (5,000) pounds, and which is used for carrying property not
exceeding one thousand (1,000) pounds at any one time, shall be three
dollars and fifty cents ($3.50). Nothing in this paragraph shall be
construed as applying to the fees for trailers or semitrailers designed for
use as living quarters for human beings or to those trailers or semitrailers
operated under lease or rental agreement or operated for compensation.
There is hereby imposed a license tax to be paid by owners of all motor
vehicles, trailers and semitrailers not designed and used for the transpor-
tation of passengers. This tax shall be determined by the gross weight of
the vehicle of combination of vehicles of which it is a part, when loaded to
the maximum capacity for which it is registered and licensed, according to
the schedule herein set forth. For each thousand pounds of gross weight for
which any such vehicle is registered and licensed there shall be paid to the
city treasurer the tax indicated in the following schedule immediately
opposite the weight group and under the classification established by the
provisions of Section 46.1-99(b) of the Code of Virginia into which such
vehicle or any combination of vehicles of which it is a part falls when
loaded to the maximum capacity for which it is registered and licensed. In
no event shall the license required under this paragraph be less than fif-
teen dollars ($15.00).
67-
Found Fees
41000 or less . . . . . . . . . . . . . . . . . $15.00
41001 - 16,000 . . . . . . . . . . . . . . . . . 20.00
16,000 - 17,000 . . ... . . . . . . . . . . . . . 20.80
17,001 - 18,000 . . . . . . . . . . . . . . . . . 22.10
18,001 - 19,000 . . . . . . . . . . . . . . . . 23.40
19,001 - 20,000 . . . . . . . . . . . . . . . . . 24.70
20,001 - 21,000 . . . . . . . . . i . . . . . . . 26.00
21,001 - 22,000 . . . . . . . . . . . . . . . . . 27.30
22,001 - 23,000 . . . . . . . . . . . . . . . . 28.60
23,001 - 24,000 . . . . . . . . . . . . . . : . . 29.90
24,001 - 25,000 . . . . . . . . . . . . . . . . . 31.20
25,001 - 26,000 . . . . . . . . . . . . . . . . . 32.50
26,001 - 27,000 . . . . . . . . . . . . . . . . . 33.80
27,001 - 28,000 . . . . . . . . . . . . . . . . . 35.10
28,001 - 29,000 . . . . . . . . . . . . . . . . . 36.40
29,001 - 30,000 . . . . . . . . . . . . . . . . . 37.70
30,001 - 31,000 . . . . 39.00
31,001 - 32,000 . . . . 40.30
32,001 - 33,000 . . . . . . . . . . . . . . . . . 41.60
33,001 - 34,000 . . . . . . . . . . . . . . . . . 42.90
34,001 - 35,000 . . . . . . . . . . . . . . . . . 44.20
35,001 - 36,000 . . . . . . . . . . . . . . . . . 45.50
36,001 - 37,000 . . . . . . . . . . . . . . . . . 46.80
37,001 - 38,000 . . . . . . . . . . . . . . . . . 48.10
38,001 - 39,000 . . . . . . . . . . . . . . . . . 49.40
39,001 - 40,000 . . . . . . . . . . . . . . . . . 50.70
40,001 - 41,000 . . . . . . . . . . . . . . . . . 52.00
41,001 - 42,000 . . . . . . . . . . . . . . . . . 53.30
42,001 - 43,000 . . . . . . . . . . . . . . . . . 54.60
43,001 - 44,000 . . . . . . . . . . . . . . . . . 55.90
44,001 - 45,000 . . . . . . . . . . . . . . . . . 57.20
45,001 - 46,000 . . . . . . . . . . . . . . . . . 58.50
46,001 - 47,000 . . . . . . . . . . . . . . . . . 59.80
47,001 - 48,000 . . . . . . . . . . . . . . . . . 61.10
48,001 - 49,000 . . . . . . . . . . . . . . . . . 62.40
49,001 - 50,000 . . . . . . . . . . . . . . . . . 63.70
50,001 - 51,000 . . . . . . . . . . . . . . . . . 65.00
51,001 - 52,000 . . . . . . . . . . . . . . . . . 66.30
52,001 - 53,000 . . . . . . . . . . . . . . . . . 67.60
53,001 - 54,000 . . . . . . . . . . . . . . . . . 68.90
54,001 - 55,000 . . . . . . . . . . . . . . . . . 70.20
55,001 - 56,000 . . . . . . . . . . . . . . . . . 71.50
56,001 - 56,800 . . . . . . . . . . . . . . . . . 72.80
56,801 and over . . . . . . . . . . . . . . . . . 75.00
The provisions of this section shall not be construed to apply to any
motor vehicle or trailer or combinations thereof exempt form licensing under
genetal law.
This ordinance shall be effective beginning the 1982 license year.
First Reading: May 11, 1981
Second Reading:
Adopted by the Council of the City of Virginia Beach, Virginia, on the
day of 1981.
-6a-
AN ORDINANCE TO AMEND AND REORDAIN SECTION 33-24,
CHAPTER 33 OF THE CODE OF THE CITY OF VIRGINIA
BEACH RELATING TO THE TAX ON THE SALE OF CIGARETTES
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That, Section 33-24 of the Code of the City of Virginia Beach, Virginia
is hereby amended to read as follows:
Section 33-24. Levy; rate and amount of tax; payment generally.
There is hereby levied and imposed by the city upon each sale of
cigarettes a tax equivalent to five seven and one-half cents for each ten
cigarettes, or fractional number of ten cigarettes, sold within the city,
the amount of such tax to be paid by the seller, if not previously paid, in
the manner and at the time provided in the following provisions of this
division.
This ordinance shall be effective on and after July 1, 1981.
First Reading: May 11, 1981
Second Reading:
Adopted by the Council of the City of Virginia Beach, Virginia, on the
day of 1981.
6 9 -
AN ORDINANCE TO AMEND AND REORDAIN SECTION 27-15,
CHAPTER 27 OF THE CODE OF THE CITY OF VIRGINIA
BEACH RELATING TO TEIE ASSESSMENT FOR THE USE OF
THE PUBLIC LAW LIBRARY
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH:
That Section 27-15 of the Code of the City of Virginia Beach, Virginia,
is hereby amended to read as follows:
Section 27-15. Created; assessment.
Pursuant to Section 42.1-70, Code of Virginia, 1950 as amended, the
City hereby creates and establishes a public law library, and does hereby
impose and provide an assessment as part of the costs incident to each civil
action filed in the circuit courts and the district courts, located within
the boundaries of the City, a sum of one dollar ($1.00) two dollars ($2.00)
and for each civil action filed.
This ordinance shall be effective on and after July 1, 1981.
First Reading: May 11, 1981
Second Reading:
Adopted by the Council of the City of Virginia Beach, Virginia, on the
day of 1981.
70-
AN ORDINANCE TO AMEND AND REORDAIN SECTION 33-60
OF THE CODE OF THE CITY OF VIRGINIA BEACH RELATING
TO TAXES ON PERSONS ADMITTED TO, AND REFRESHMENTS,
ETC., SOLD, ETC., AT PLACES OF AMUSEMENT AND
ENTERTAINMENT
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH:
That Section 33-60 of the Code of the City of Virginia Beach, Virginia,
is hereby amended to read as follows:
Section 33-60. Levy; collection generally.
There is hereby imposed and levied and there shall be collected a tax of
one cent for each twenty cents, or fraction therof in excess of four cents,
ten per cent of the amounts paid for the admission to any place of amusement
or enterlainment, to be paid by every person who pays an admissions charge
to such place. In case of the admission fee of any person, except those set
forth in section 33-67, to any place of amusement or entertainment at any
time when an admission charge is made to other persons, an equivalent tax is
hereby levied and shall be collected based on the price charged to such
other persons of the same class for the same or similar accommodations, such
tax to be paid by the person so admitted.
A tax of five ten per cent of all amounts paid for refreshments, ser-
vice or merchandise is hereby imposed and levied at any of the places of
7 1 -
amusement or entertainment enumerated in section 33-59 at which no admission
charge is made.
This ordinance shall be effective on and after July 1, 1981.
First Reading: May 11, 1981
Second Reading:
Adopted by the Council of the City of Virginia Beach, Virginia, on the
day of 1981.
79 -
AN ORDINANCE TO AMEND AND REORDAIN SECTION 33-76
OF THE CODE OF THE CITY OF VIRGINIA BEACH RELATING
TO TAX ON PERSONS OBTAINING FOOD, ETC., AT
RESTAUR,kNTS, ETC., CRARGING THEREFOR
BE IT ORDAINED BY THE COUNCIL OF TliE CITY OF VIRGINIA BEACH:
That Section 33-76 of the Code of the City of Virginia Beach, Virginia,
is hereby amended to read as follows:
Section 33-60. Levy; rate.
There is is hereby imposed and levied on each person a tax equivalent
to three six percent on the total amount paid for food, in or from any
restaurant, whether prepared on in such restaurant or not and whether con-
sumed on the premises.
The tax shall be computed at a straight three six percent, any fraction
of one-half or more being treated as one cent.
This ordinance shall be effective on and after July 1, 1981.
First Reading: May 11, 1981
Second Reading:
Adopted by the Council of the City of Virginia Beach, Virginia, on the
day of 1981.
7 3-
Voting: 9- 2
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, Donald
W. Merrick, Meyera E. Oberndorf, and Patrick L. Standing
Council Members Voting Nay:
Vice Mayor Harold Heischober, and Mayor J. Henry McCoy, Jr., D.D.S.
Council Members Absent:
None
7 4-
C I T Y C 0 D B A M E N D M E N T S
ITEM II-J.2.a ITEM #16653
The City Clerk read letters from Mr. Happy Tours and Colonial Virginia
Tours, Inc., voicing opposition to the proposed Ordinance.
Upon motion by Councilman Baum, seconded by Councilman Kitchin, City
Council voted to uphold the recommendation of the City Manager and
APPROVE Alternate B of the Ordinance to amend Chapter 9 of the Code
of the City of Virginia Beach by adding thereto an Article II per-
taining to Charter Buses, as amended.
Voting: 10-1
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, Mayor J.
Henry McCoy, Jr., Donald W. Merrick, Meyera E. Oberndorf, Patrick
L. Standing
Council Members Voting Nay:
Reba S. McClanan
Council Members Absent:
None
5/11/81
7 5
AN ORDINANCE TO AMEND CHAPTER 9
OF THE CODE OF THE CITY OF
VIRGINIA BEACH BY ADDING THERETO
AN ARTICLE II PERTAINING TO
CHARTER BUSES
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That Chapter 9 of the Code of the City of Virginia
Beach, Virginia, is hereby amended and reordained as follows:
ARTICLE II
CE-arter Buses
Section 9-27. Definitions.
The following terms, when used in this artic e, shall,
for the purpose of this article, have the meanings respectivelv
ascribed to them in this section, except in those instances
where the context clearly indicates a different meaning:
Charter Bus - Any motor vehicle having a seatinq
capacity in excess of six passengers which
undertakes to transport people for compensation;
provided, however, that such a motor vehicle
operated by a public service company or the Citv
of Virginia Beach on a reqular schedule and
regular route and which charges individual or
separate fares for such transportation shall not
be included in this definition.
Section 9-28. Parkinq or stopping of charter buses.
The parking of any charter bus or stopping of any
charter bus for the purpose af picking up or dicharging
passesngers shall be Prohibited from May 1 to October I of every
calendar year on all municipal parkinq lots and all public
streets in the following areas:
(1) The Virginia Beach Borough
(2) An area in the Lynnhaven Borouqh bounded on
South by the northern boundarv of the
Virginia Beach Borough, on the West by the
Linkhorn Bay and Seashore State Park, on the
7 6-
North by 89th Street, and on the E the
Atlantic Ocean; including but not limited to
those communities denoted as the North
Virginia Beach, Princess Anne Hills, Bay
Colony and Cavalier Park.
Section 9-29. Parkinq and discharqe of passenqers at
All charter buses may park in the desiqnated bus
parking spaces in the parking lot of the Virginia Beach Pavillion
by first obtaining the reservation from the manaqer of the
Virginia Beach Pavillion. The application for said r,servation
shall be made in writing at least fourteen (14) days prior to the
reservation date desired. It shall be accompanied by a parking
fee of ten dollars ($10.00) for each Charter bus for
which a parkinq reservation is required. Upon receir)t of said
application and parking fee, the manaqer of the Virqinia Beach
Pavillion shall deternine the availability of the requested
spaces for the dates anplied for. If space is available, the
manager of the Virginia Beach Pavillion shall mail to the
applicant a Parkina oermit or permits for the space eserved.
All chartered buses parkinq at the Virqinia Beach Pavillion must
have such permits Prominentlv displayed on '-h, left side of the
windshield at all times while parked within the parking lot of
the Virginia Beach Pavillion.
The number of reservations issued shall be determined
by the number of available spaces for buses at the Virginia Beach
Pavillion, and shall be allotted on a first cople, first serve
basis.
All charter buses may pick-up or discharge passengers
in the parkinq lot of the Virainia Beach Pavillion without
obtaining a permit provided that such charter bus does not remain
parked in the parkinq lot in excess of fifteen minutes.
Section 9-30. Enforcement.
The Police department shall be empowered to carry out
the provisions of this article and it shall be the responsibilitv
- 7'7-
of the police department to take all reasonable steps to prevent
the parking of charter buses and the stopping of charter buses
for the purpose of picking up and discharging passengers in the
prohibited areas denoted in Section 9-28.-
Section 9-31. Buses transporting parade provisions.
Nothing herein shall be construed as prohibiting buses
transporting participants in a parade from discharging and
picking-up said participants in designated areas, provided a
permit has been issued for the respective parade.
Section 9-32. Exemptions.
Charter buses that provide transportation to and from
convention hotels to the Pavillion are exempt.
Section 9-33. Violations and penalties
Any person, persons, firm, corporation or
unincorporated association violating any of the terms of
provisions of this article shall, upon conviction, be punished by
a fine of at least fifty dollars ($50.00) and not more than five
hundred dollars ($500.00). Each reoccurrence of a prohibited
act and each day a prohibited act continues shall be construed as
a separate offense.
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 11 day of May 1981.
MES/ih
(A-1)
5/1/81
-3-
7 6 -
A P P 0 I N T M E N T S
ITEM II-K.1 ITEM #16654
Upon motion by Councilman Holland, seconded by Councilman Baum, City
Council voted to REAPPOINT the following to the ARTS AND HUMANITIES
COMMISSION for terms of two years, ending June 30, 1983.
Mrs. John W. Musick
Henry Clarke
Mrs. Horace C. McManus
Mr. James W. Roebuck
Mrs. C. E. Upton, Jr.
Voting: 11-0
Council Members Voting Aye:
Johri 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., Donald W. Merrick,
Meyera E. Oberndorf, and Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
None
7 9-
ITEM II-K.2 ITEM #16655
Upon motion by Councilman Holland, seconded by Councilman Baum, City
Council voted to REAPPOINT J. C. Driskill, Electrical Contractor, to
the BOARD OF ELECTRICAL EXAMINERS for a term of two years, expiring
May 30, 1983.
Voting: 11-0
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., Donald W. Merrick,
Meyera E. Oberndorf, and Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
None
- $0 -
ITEM II-K.4 ITEM #16656
Upon motion by Councilman Standing, seconded by Councilman Merrick,
City Council voted to REAPPOINT Mrs. Mary Russo to the VOLUNTEER
COUNCIL for a term of one year, expiring May 30, 1982.
Voting: 11-0
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., Donald W. Merrick,
Meyera E. Oberndorf, and Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
None
ITEM II-K.3 ITEM #16657
Upon moti@n by Councilman Ervin, seconded by Councilman Merrick, City
Council voted to APPOINT Dr. William B. Warden to the EASTERN VIRGINIA
MEDICAL AUTHORITY for a term of three years, expiring May 30, 1984
Voting: 11-0
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., Donald W. Merrick,
Meyera E. Oberndorf, and Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
None
*COUNCILMAN BAUM VOICED A VERBAL "AYE".
*COUNCILMAN ERVIN VOICED A VERBAL "AYE".
8 2-
N E W B U S I N E S S
ITEM II-M.1 ITEM #16658
Councilman Ervin and the City Clerk were appointed to a SPECIAL COMMITTEE
to coordinate a Going-Away Party for Councilman Merrick.
A D J 0 U R N M E N T
ITEM II-N.1 ITEM #16659
Upon motion by Councilman Standing, the meeting adjourned at 5:07 p.m.
Diane M. Hickman, Deputy City Cl r@k
o@
Rtith Hodges @mith, City Clerk Mayo ehry Jr.
Approved with Correction of
City of Virginia Beach, Item #16652
Virginia
June 1, 1981
11 May 1981
dmh/asd