HomeMy WebLinkAboutMARCH 23, 1981 MINUTES
"WORLD'S LARGEST RESORT CITY"
CITY COUNCIL
MAYOR J. HENRY M@COY JR.. D.D.S., K..p..ill. B...gk
VICE-MAYOR HAROLD HEISCHOBER. A, L.,,,
JOHN A. BAUM. Bi-@,., B-gb
F. REID ERVIN. A, L.,g.
BARBARA M. HBNLEY, P-g. B.-gk
CLAREIYCE A. HOLLAND. ALD., B.y.,d. B.-gh
W. H. KITCHIN. Iii. Vigi.i. B-,b B...Cb
REBA S. M,CLANAN, P,-... A-. B.-eb
DONALD W. MERRICK. Ly-b..- B.-.Rb
MEYERA E. OBERNDORF, A, L.,#. 222 CrrY HALL BUILDIN(;
PATRiCK L. STAHDING, A, L.,g. MUNICIPAL CEN7'ER
VIRGINIA BEACH. VIRGINIA 23436
RUTH HODGES SMITH. Ci'Y Cl-li (804) 427-4303
CITY COUNCIL AGENDA
March 23, 1981
ITEM I INFORMAL SESSION: 5:00 p.m-
A. CALL TO ORDER - MAYOR J. HENRY McCOY, Jr.
B. ROLL CALL OF COUNCIL
C. MOTION TO RECESS INTO INFORMAL/EXECUTIVE SESSION
D. PRESENTATION/DISCUSSION OF PERTINENT MATTERS
1. Matters for Discussion bv Mayor.
a. Redistricting
2. Matters for discussion bv Council.
a. Presentation by Councilman Ervin.
3. Freeze on Hiring and Purchases: Discussion.
ITEM II FORMAL SESSION: 7:00 p.m. - Council Chambers
A. INVOCATION: Rev. Carlyle A. McDonald
Providence Presbyterian Church
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 March 16, 1981.
E. PRESENTATIONS
1. Water Study Task Force, Virginia Beach Chamber of Commerce
2. Sentimental Journey, Inc.
Melvin A. Koch, Vice President
(Council Proclamation July 14, 1980: designating
April 1-:12, 19,81@ "Sentimental Journey to
Virginia Beach")
F. RESOLUTIONS
1. Resolution - Borrow Pits/Referral to Planning Commission
2. Resolution - Constitutional Officers' Employees - Grievance
Procedure
3. Resolution - Division of Energy Grant/state Office of Energy
Services
4. Resolution - Mental Health and Mental Retardatidn Services
Board's Bylaws
G. CONSENT AGENDA
1. Raffle Permit-Virginia Beach Democratic Women's Club
H. PLANNING ITEMS
1. Application of Robert T. Vann for a conditional use permit
for an antique auto museum and auto sales on a .739-acre
parcel located at the northeast corner of Virginia Beach
Boulevard and Mediterranean Avenue (Virginia Beach Borough).
a. Letter from the City Manager transmits the recommenda-
tion of the Planning Commission for approval.
2. Application of Norman L. Biggs for a conditional use permit
for a grocery (convenience) store on a .32-acre parcel
located at the northwest corner of Virginia Beach Boulevard
and Cypress Avenue (Virginia Beach Borough).
a. Letter from the City Manager transmits the recommenda-
tion of the Planning Commission for approval.
3. An Ordinance to amend and reordain Article 2, Section 233
of the Comprehensive Zoning Ordinance pertaining to re-
creational campgrounds.
a. Letter from the City Manager transmits the recommenda-
tion of the Planning Commission for approval.
ITEM II H. PLANNING ITEMS
4. An Ordinance to amend and reordain Article 1, Section 111
of the Comprehensive Zoning Ordinance pertaining to de-
finition of eating and drinking establishments
AND,
An Ordinance to amend and reordain Article 7, Section 711
of the Comprehensive Zoning Ordinance pertaining to use
regulations for eating and drinking establishments.
a. Letter from the City Manager transmits the recommenda-
tion of the Planning Commission for approval of
Article 1, Section Ill and denial of Article 7, Section
711.
5. An Ordinance to amend the Master Street and Highway Plan
dated December 16, 1974 pertaining to Diamond Springs Road.
a. Letter from the City Manager transmits the recommenda-
tion of the Planning Commission for approval.
6. Application of Robert H. Bennett, Trustee for Claudia
May Clifton, for the closure of a 15-foot alley, block 22,
Croatan Beach. This 750-square foot parcel is located
between Vanderbilt Avenue and South Atlantic Avenue and
extends north 50 feet from its intersection with Croatan
Road. (Lynnhaven Borough).
a. Letter from the City Manager transmits the recommenda-
tion of the Planning Commission for denial.
7. Application of Dr. George A. Knaysi and Susan Ramsay Knaysi
for the closure of a 15-foot alley, block 20, of Croatan
Beach. This 750-square foot parcel is located east of
South Atlantic Avenue, north of Aqua Lane and is 50 feet
long. (Lynnhaven Borough).
a. Letter from the City Manager transmits the recommenda-
tion of the Planning Commission for denial.
8. Request by Wilbur Whitehead pursuant to the Site Plan
Ordinance, Section 7.2 to appeal the decision of the
City Manager concerning right-of-way improvements for a
garage facility on Oceana Boulevard.
I. ORDINANCES
1. City Code Amendments
a. An Ordinance to amend and reordain the Code of the
City of Virginia Beach, Virginia, by adding a pro-
vision to provide for the establishment of a Deferred
Compensation Plan for employees, and the supervision,
administration and implementation thereof.
b. Ari Ordinance to amend and reordain Section 32-9
of the Code of the City of Virginia Beach, pertaining
to the sale of goods, wares, flowers or articles of
food bri city streets.
ITEM II 1. ORDINANCES
2. Appropriations-First Readings
a. An Ordinance, on first reading, to accept and appropriate
$305,000 for the implementation of a demonstration pavement
marking program.
b. An Ordinance, on first reading, to set salaries of
Council members at $8,000 per annum and $10,000 per
annum for the Mayor, effective April 1, 1981, and
transfer funds of $8,500 within the Municipal Council
Budget for this salary adjustment from April 1, 1981
through June 30, 1981.
c. An Ordinance, on first reading, to authorize the City
Manager to enter into contracts with the Southeastern
Tidewater Area Manpower Atithority to continue the
City's GETA employment programs, and to appropriate
these funds.
d. An Ordinance, on first reading, to transfer appropriations
of $505,705 with n@the Community Development Program for
emergency production wells.
e. An Ordinance, on first reading, authorizing the issuance
of Public Improvement Bonds of the City of Virginia
Beach, Virginia, in the maximum amount of $17,000,000.
3. General
a. An Ordinance creating the Virginia Beach Advisory
Erosion Commission: Establishing the duties, meetings,
and appointing members.
J. APPOINTMENTS
1. Virginia Beach Advisory Erosion Commission
2. Eastern Virginia Health Systems Agency
3. Public Library Board
4. Mental Health Mental Retardation Services Board
K. UNFINISHED BUSINESS
L. NEW BUSINESS
M. ADJOURNMENT
1. Motion to adjourn.
0-I.E OF @.E ..'O. MUNICIPAL CENTER
20 March 1981 VIRO.N.A BEACH, VIRGINIA 23436
Members of City Council
City Manager
City Attorney
City Clerk
As prescribed by Section 3.06 of the City Charter,
and Section 2-9 of the Code of the City of Virginia Beach,
I am requesting Council meet at 5:00 p.m., on 23 March
1981, in lieu of the scheduled 5:30 p.m. meeting for the
purpose of expediting the heavy Agenda of this date.
Respectfully,
D.D.S.
Mayor
M I N U T E S
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
23 March 1981
As prescribed by Section 3.06 of the City Charter, and Section 2-9 of
the Code of the City of Virginia Beach, the meeting was called to order by
Mayor J. Henry McCoy, Jr., in the Conference Room, City Hall Building, on
Monday, 23 March 1981, at Five o'clock in the evening.
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, Patrick L. Standing
Council Members Absent:
None
1TEM #16407
Mayor McCoy entertained a motion to permit Council to conduct its INFORMAL
SESSION to be followed by an EXECUTIVE SESSION for the purpose of discussing
the following:
1. Discussion or consideration of employment, assignment, appointment,
promotion, demotion, salaries, discipline or resignation of public
officers, appointees or employees of any public body. (Personnel
Matters).
2. Discussion or consideration of the condition, acquisition or use
of real property for public purpose, or other disposition of publicly
held property. (Acquisition, use or disposition of publicly held
property).
3. Consultation with leigal Counsel and briefing by staff members,
consultants, or attorneys pertaining to actual or potential litigation,
or other legal matters within the jurisdiction of the public body.
(Legal Matters).
- 2 -
Upon motion by Councilman Holland, seconded by Councilman Merrick, City
Council voted to proceed into 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, Mayor J. Henry McCoy, Jr., D.D.S.,
Donald W. Merrick, Meyera E. Oberndorf, Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
None
3-
M A T T E R S B Y T H E M A Y 0 R
BASKETBALL GAME/PRESS ITEM #16408
Mayor McCoy advised Council the Press has challenged them to a basketball
game to be played at the Kempsville Recreation Center, Council's "home
court". A day and time will be announced at a later date.
TRT TO COMPLEX ITEM #16409
Mayor McCoy advised Council that the bus line to the Municipal Center
is schedule to be cancelled; however, it will continue its run to
Tidewater Community College.
Mayor McCoy fur t her advise d he r ec e ive d a petition reque st ing the rout e
be continued; however, the City will have to provide funds for the
continuation of the route.
The City Manager advised against continuing the route as only a few
people ride the bus to the Municipal Complex.
DENTAL CLINIC ITEM #16410
Mayor McCoy advised Council that the Dental Clinic had an open house
recently to show what services are provided by the Clinic.
M A T T E R S B Y C 0 U N C I L M E M B E R S
DESALTING PLANT ITEM #16411
Councilman Ervin presented a report on Desalting Plants, and advised
Council of the success of the Sanibel, Florida, Plant.
Councilman Ervin advised that the Island Water Association in Sanibel,
Florida, did most of their design work in-house saving considerable
time and money.
A copy of Councilman Ervin's report has been made a part of these
proceedings.
- 4-
REDISTRICTING ITEM #16412
Mayor McCoy advised Council he appeared before both the House and
Senate Committees on Reapportionment to discuss the redistricting
matter.
Mayor McCoy noted the Committee was meeting on Tuesday, March 24, 1981,
in Richmond to further study how the Senate Districts will be drawn in
Virginia.
It was noted tbat Senator Joseph T. Fitzpatrick will be arguing for
two consolidated Senate Districts totally within the boundaries of
Virginia Beach; however, the full Committee may leave Virginia Beach
with two separate Senatorial Districts.
A copy of the report and Precinct map have been made a part of these
proceedings.
Mrs. Clita Liverman was present for this matter.
I N F 0 R M A L A G E N D A
FREEZE ON HIRING/PURCHASES ITEM #16413
The City Manager advised that effective Monday, March 16, 1981, he
placed a freeze on all purchases which are not essential for the
emergency operations of the City; and, on all vacant positions that
were approved in the 1980-81 budget. Similar requests have also been
made to the Superintendent of Schools.
City Council recessed into EXECUTIVE SESSION, (5:52 p.m.)
5-
F 0 R M A L S E S S I 0 N
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
23 March 1981
7:10 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, Patrick L. Standing
Council Members Absent:
None
INVOCATION: Reverend Carlyle A. McDonald
Pastor
Providence Presbyterian Church
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
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M I N U T E S
ITEM II-D.1 ITEM #16414
Upon motion by Councilman Standing, seconded by Councilman Baum, City
Council voted to APPROVE the Minutes of the Special Joint Meeting
between the City Council and the Citizens Advisory Committee of
March 16, 1981.
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.,
Meyera E. Oberndorf, and Patrick L. Standing
Council Members Voting Aye:
None
Council Members Absent:
None
- 7-
ITEM II-D. 2 ITEM #16415
Upon motion by Councilman Standing, seconded by Councilwoman Henley, City
Council vot@d to APPROVE the Minutes of the Regular Meeting; AND, the
Informal Briefing Session of 16 March 1981.
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, Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
None
- 8-
P R E S E N T A T I 0 N
ITEM II-E.1 ITEM #16416
Mr. J. B. Harrison, Jr., Chairman of the Water Task Force, presented a
report to Council, a copy of which has been made a part of these
proceedings.
Mr. Harrison advised that the Committee had worked approximately 250
man-hours compiling background data before drafting the report. To-
date the report has been formerly endorsed by the Tidewater Area
Cooperation Committee, Chamber of Commerce from Williamsburg, East to
the Coast. It has been formally endorsed by the Suffolk Chamber of
Commerce, the Virginia Beach Chamber of Commerce. The Virginia Beach
Council of Civic Leagues has the report under consideration.
The Norfolk Chamber of Commerce has scheduled a meeting for 24 March
1981. The Chesapeake Chamber of Commerce is currently viewing the
Committee's minutes and background data. An endorsement is expected
from the Chesapeake Chamber of Commerce next week.
The Areawide Task Force is commited to marshalling a "grass roots"
campaign including citizens, civic leagues, garden clubs, and the
business community of Eastern Virginia in support of this report.
Doctor E. Spencer Wise, Director of the North Virginia Beach Civic
League, advised that the Civic League endorses the report with one
small reservation, which they hope is just temporary.
Doctor Wise advised that in the report it states ". . . the short term
solution has been substantially accomplisbed." The Nortb Virginia Beach
Civic League has not seen the completed short term solution and they
hope to see it soon.
Upon motion by Vice Mayor Heischober, seconded by Councilman Standing,
City Council voted to APPROVE THE CONCEPT of the Report of the Water
Task Force; AND, directed the City Attorney to draft a Resolution
adopting said report, to be presented in the meeting of 6 April 1981.
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, Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
None
*COUNCILMAN ERVIN VOICED A VERBAL "AYE".
9-
ITEM II-E.2 ITEM #16417
Mr. Skip Hendrix, President of Sentimental Journey, presented an updated
report on the events which will be taking place during Sentimental
Journey Week:
April 3 - USO Day; Hampton VA Hospital
Pavilion
April 4 - Open House - NAS-Oceana (Veterans Only),
War Games at Little Creek
April 5 - Memorial Service at Fort Story
Brunch
April 6 - Forum for Veterans
April 7 - Pavilion - National Defense Forum
April 8 - Bob Hope in Concert - Pavilion
April 9 - "Free Day"
April 10 - Military Displays, Exhibits from War
Memorial Museum, World War II films
at the Pavilion
April 11 - Displays and films
April 12 - 2:00 p.m. at the Norwegian Lady, Bands
from the Military Units; lowering of
colors to end Sentimental Journey Week
R E S 0 L U T I 0 N S
ITEM II-G.1 ITEM #16418
Mr. Arthur Riddell, representing Avalon Hills, Cedar Hill, Homestead
and Newlight Civic Leagues, presented a report outlining reasons for
revoking the Borrow Pit (#VB80-186), of Lakeside Construction
Corporation.
Mr. W. W. Reasor appeared concerning this matter.
Mr. Eric Anderson appeared concerning this matter.
Upon motion by Co.uncilwoman Oberndorf, seconded by Councilwoman McClanan,
to suspend the operation of the borrow pit for two weeks to permit the
Staff to prepare a study as to the health, safety and welfare of the
citizens in the area of the borrow pit; and, to study the quality of
the ground water. The Staff is to report to Council on 6 April 1981.
-10-
Vot ing 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, Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
None
*COUNCILMAN BAUM VOICED A VERBAL "AYE".
-11-
ITEM II-F.1 ITEM #16419
Upon motion by Councilman Ervin, seconded by Councilwoman Oberndorf, City
Council voted to uphold the recommendation ofthe City Manager and ADOPT
the Resolution requesting the Planning Commission to review the issue of
the filling of borrow pits and to recommend to the City Council any changes
to the Comprehensive Zoning Ordinance that it feels would be appropriate
to deal with this issue.
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,
Ill, Reba S. McClanan, Mayor J. Henry McCoy, Jr., D.D.S.,
Donald W. Merrick, Meyera E. Oberndorf, Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
None
-1 2-
R E S 0 L U T I 0 N
WHEREAS, it has been determined that the filling of borrow
pits within the City of Virginia Beach may possibly in some cases
constit ute a hazard to the pub l ic heal th , sa f ety, and welfare; and,
WHEREAS, the excavation of borrow pits at the present time
is a conditional use subject to City Council review and approval.
THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
THAT City Council respectfully requests the Planning Commission
to review the issue of the f illing of borrow pits and to recommend to the
City Council any changes to the Comprehensive Zoning Ordinance that it
feels would be appropriate to deal with this issue.
ADOPTED by the Council of the City of Virginia Beach, Virginia,
on the Tw day of March, 1981.
-1 3-
ITEM II-r.2 ITEM #16420
Upon motion by Councilman Holland, seconded by Councilman Merrick, City
Council voted to uphold the recommendation of the City Manager and
ADOPT the Resolution to place under the City's Grevience Procedure, in
lieu of those procedures set forth under the State's grievance procedure,
personnel of the Commonwealth Attorney, City Treasurer, Sh&rff,
Commissioner of Revenue and Clerk of the Circuit Court.
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, Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
None
-1 4-
A meeting of the Council of the City of Virginia Beach,
Virginia, was held in the Council Chambers, in the Administration
Building, on the 23 day of March 1981.
On motion by Councilman Holland anci seconde,9
by Councilman Merrick the followinq Resolution was
adopted.
R E S 0 L U T I 0 N
WHEREAS, under SS2.1-114.5:lC, Code of Virginia, 1950,
as amended, the City Council of the City of Virginia Beach has
the discretion to include in its Grievance Procedure certain
employees of Constitutional offices of the City of Virginia
Beach; and
WHEREAS, the Commonwealth Attorney, City Treasurer,
Sheriff, Commissioner of Revenue and Clerk of the Circuit Court
have requested that their offices be included in the City's
Grievance Procedure; and
WHEREAS, in the spirit of cooperatic)n, it is desirous
to allow such inclusion,
NOW, -IHEREFORE, BE IT RFSOLVED BY -@HE COUNCIL OF THE
CITY OF VIRGINIA BEACH, VIRGINIA:
That the personnel of the above-named Constitutional
Offices of the City of Virginia Beach shall be included under the
City of Virginia Beach Grievance Procedure, in lieu of those
procedures set forth under the State's qrievance procedure, with
the exception of those persons designated as appointees by such
Constitutional offices with the concurrence of the City Manaqer.
Adopted by the Council of the City of Virqinia Beach,
Virginia, on the Twenty-Third day of March, 1981
RHM/da
2/27/81
3/18/81
(1) S TO Co'c@TEt4T
APp,,ZOVED A
DEPAIZTMENT
AP;)P,CVED AS TO FORM
CITY @T707,1@EY
-1 5-
ITEM II-7.3 ITEM #16421
Upon motion by Councilman Merrick, seconded by Vice Mayor Heischober,
City Council voted to uphold the recommendation of the City Manager
and ADOPT the Resolution directing the City Manager to prepare and
submit such materials and assurances to the State Office of Energy
Services and the Division of Energy as may be required to secure a
Technical Assistants Grant.
Voting: 11-0
Council Members Voting Aye:
John A. BaLm, 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, Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
None
- 1 6 -
R E S 0 L U T I 0 N
WHEREAS, the conservation of energy in all of its form is
of critical national concern; and,
WHEREAS, the City of Virginia Beach is cognizant of the
importance of energy conservation and desires to complement energy
conservation measures already undertaken; and,
WHEREAS, the U. S. Department of Energy provides matching
funds to the States and their Political Subdivisions to undertake
technical analysis of their municipal facilities to initiate changes
to systems that would result in long term energy cost savings; and,
WHEREAS, the City of Virginia Beach requests a Technical
Assistants Grant via the State Office of Energy Services and the
Division of Energy in the amount of $3,430 that will be matched by
the City of Virginia Beach in the sum of $3,430 for a total of $6,860.
TEEREFORE, BE IT RESOLVED by the Council of the City of
Virginia Beach to direct the City Manager to prepare and submit such
materials and assurances to the State Office of Energy Services and
the Division of Energy as may be required to secure the subject Grant.
Adopted by the Council of the City of Virginia Beach, Virginia,
on tbe Twenty-Third day of March, 1981.
- 1 7-
ITEM II-F.4 ITEM #16422
COUNCILMAN BAUM LEFT CHAMBERS
Upon motion by Councilwoman Oberndorf, seconded by Councilman Holland,
City Council voted to uphold the recommendation of the City Manager
and ADOPT the Resolution changing the name of the Virginia Beach
Community Mental Health and Mental Retardation Services Board to
"Virginia Beach Community Services Board"; and, that the proposed
By-Laws, a copy of which is attached, are approved.
Voting: 10-0
Council Members Voting Aye.
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, M-eyera E.
Oberndorf, and Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
Jolm A. Baum
-1 8-
R E S 0 L U T I 0 N
WHEREAS, pursuant to Chapter 10 of Title 37.1 of the
Code of Virginia, as amended, the Virginia Beach Community Mental
Health and Mental Retardation Services Board was created in
1970 to provide comprehensive community mental health and mental
retardation programs; and
WHEREAS, the 1980 General Assembly adopted certain
changes to Chapter 10 of Title 37.1 of the Code of Virqinia, as
amended, which require the board to amend its by-laws; and
WHEREAS, because of the chanqes in Chapter 10 of Title
37.1 of the Code of Virginia, as amended, the board has expanded
its programs and further desires to change its name.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE
CITY OF VIRGINIA BEACH, VIRGINIA:
That the Virginia Beach Community Mental Health and
Mental Retardation Services Board is hereby known as the Virginia
Beach Community Services Board; and that the proposed by-law
changes of the board, a copy of which is hereby attached, are
approved.
Adopted by the Council of the City of Virginia Beach,
Virginia on the - 23 day of March 1981.
APPPOVED AS TO CONTENT
SIGNATURE
DEPARTMENT
MTS/ih APP IttS TO FORt4
3/10/81 VVSIGNATURE @ IkiiiIt
CITY ATTORNEY
1 9-
B Y L A W S
Virginia Beach Community Services Board.
ARTICLE I - NAME
The name of this Board shall be the Virginia Beach Community Mental-Realtli
and-Mental-Retardation Services Board, hereinafter referred to as the
"Board".
ARTICLE II - PURPOSE
The purpose of this Board shall be to act as the agent of the City of
Virginia Beach, Virginia, in the establishment and operation of Community
Mental Health, an4 Mental Retardation and Substance Abuse Programs as provided
for in Chapters 10 and 11 of Title 37.1, of the Code of Virginia (1950),
as amended.
ARTICLE III - MEMBERSHIP
Section 1. The membership of the Board shall consist of not less than
five [5] nor more than fifteen [15) persons approved and appointed by
the City Council of the City of Virginia Beach, Virginia. The membership
shall be as broadly representative as possible of all lay and professional
elements of the community. Members shall be appointed in accordance with
Section 37.1-196 of Chapter 10 of Title 37.1 of the Code of Virginia
(1950), as amended.
Section 2. A
amended. Vacancies shall be filled for unexpired terms in the same manner as
original appointments. No person shall be eligible to serve more than two successive
terms; provided, that persons appointed to fill vacancies may serve two additional
successive terms. Any member of the Board may be removed by City Council for cause,
after being given a written statement of the causes and an opportunity to be heard
thereon.
Section 3. Ex-officio members may be appointed by this Board. Such members
shall serve in an advisory capacity without voting privileges.
ARTICLE IV - POWERS AND DUTIES
The Board as a direct agent of the City of Virginia Beach shall be subject
to the laws and regulations relating to such agencies of that government
and shall have tbe general powers, duties and responsibilities of a Board
as outlined in Section 37.1-197 of Chapter 10 of Title 37.1 of the Code of
Virginia (1950), as amended. Such powers and duties shall be:
(a) Review and evaluate all existing and proposed public community
mental health, mental retardation and substance abuse services and
facilities available to serve the community and such private services
and facilities as receive funds through the Board and advise the
appropriate local governments as to its findings.
(b) Submit to the governing body or bodies of each political
subdivision, of which it is an agency, a program of community mental
health, mental retardation and substance abuse services and facilities
for its approval.
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(c) Within amotmts appropriated therefor, execute such programs and
nointain such services as may be authorized under such appropriations.
(d) In accordance with its approved program, enter into contracts for
rendition or operation of services or facilities.
(e) Make rules or regulations concerning the rendition or operation
o'f services and facilities under its direction or supervision, subject
to applicable standards or regulations promulgated by the State Board.
(f) Appoint a Coordinator or Director of Community Mental Health,
Mental Retardation and Substance Abuse Services whose qualifications
are approved by the Department and prescribe his duties. The compensation
of such a Coordinator or Director shall be fixed by the Board within
the amounts made available by appropriation therefor.
(g) Prescribe a reasonable schedule of fees for services provided by
personnel or facilities under the jurisdiction or supervision of the
Board and collection of same; provided, however, that all fees collected
from Board administered programs shall be deposited with the Treasurer
of the Political Subdivision of which the Board is an agency, or, in the
case of a joint Board with the Treasurer of the Political Subdivision
specified by agreement; provided further, that such collected fees shall
be used only for commlinity mental health, mental retardation and
substance abuse purposes. By January One, Nineteen Hundred Eighty-Two,
every Board shall institute a reimbursement system to maximize the
collection of fees from persons receiving services under the jurisdiction
or supervision of the Board and from responsible third-party payors.
(h) Accept or refuse gifts, donations, bequests or grants of money
or property from any source and utilize the same as authorized by the
governing body or bodies of the Political Subdivision or Subdivisions
of which it is an agency.
(i) Seek and accept funds through Federal Grants; provided, however,
in accepting such Grants the Board shall not bind the governing body
or bodies of the Political Subdivision or Subdivisions of which it is
an agency to any expenditures or conditions of acceptance without the
prior approval of such governing body or bodies.
(j) Have authority, notwithstanding amy provision of law to the contrary,
to disburse funds appropriated to it in accordance with such regulations
as may be established by the governing body of the Political Subdivision
of which the Board is an agency or, in the case of a joint Board, as may
be established by agreement.
ARTICLE V - APPROVAL OF PLAII, PROGRAM AND BUDGET
Under Section 37.1-198 of the State Code, the City of Virginia Beach, having
established the Board and authorized it to administer the City's mental health,
aftd mental retardation and substance at-usa services programs, may apply for
State assistance by submitting annually to the State Department of Mental
Health and Mental Retardation the City's mental health, alt4 mental
retardation and substance abuse plan and budget f or the next f iscal year
together with the Board's recommendations thereon. No mental health, er-
mental retardation or substance abuse program shall be eligible for State
financial assistance unless its plan and budget have been approved by City
Council and the State Department of Mental Health and Mental Retardation.
ARTICLE VI - OFFICERS OF THE BOARD AND THEIR DUTIES
Section 1. The officers of tbe Board shall consist of a Chairman, Vice-
Chairman,and Secretary-aitd Treasurer, who shall be elected at the first
meeting of the calendar year by the Board and serve at the pleasure of
the Board.
Section 2. The duties of the Chairman shall be:
(a) To preside at all meetings of the Board and Executive
Committee
(b) To appoint all committees (excluding the Nominating
Committee) deemed necessary for the operation of the
Board.
- 2 1 -
(c) To work closely with the ExecutiveDirector f-01- of
the Community
Services Board.
(d) To perform any other duties determined by tbe Board.
(e) To keep all Federal, State and Local governmentsinformed
as to theactivities of the Board as requested.
Section 3. The Vice-Chairman shall, in the absence of the Chairman, perform
the duties of the Chairman and any other duties assigned by the Board.
Section 4. The Secretary-Treasurer shall be responsible for the keeping of
accurate records of all meetings of the Board and Executive Committee, and
for certifying and distributing these records upon proper request. The
Secretary-Treasurershall be responsible for the sending out of notices to
all members of the Board of meetings and of other duties as requested by
the Board. The Secretary-Treasurer shall also ensure that all required budget and
financial reports and records as may be prescribed by tbe State Department of Mental
Health and Mental Retardation or by the City are properly prepared, submitted and
executed.
Section 5.
ageney. The Executive Coumittee shall consist of tbe Chairman, Vice-Chairman, and
Secretary-Treasurer. Tbe Executive Committee shall be empowered to conduct the business
of the Board between meetings. All actions of the Executive Committee must be submitted
to and ratified by the full Board at its next regularly scheduled meeting.
ARTICLE VII - NOMINATIONS, ELECTIONS AND TERMS OF OFFICE
Section 1. The Board shall elect its officers at the first meeting held
in each new calendar year. A Nominating Committee shall be appointed by
the Board at the last meeting of the calendar year and shall bring forth
a slate of officers at the first meeting of the new year.
Section 2. The term of office shall be for one year. No officer may
serve more than two consecutive terms in the same office. The election
shall be by ballot if there is more than one nominee for the same office.
A quorum must be present and voting in order to constitute an election.
Section 3. Any vacancy occurring in the Board's officers shall be filled
at the discretion of the Board.
ARTICLE VIII - MEETINGS
Section 1. The regular monthly meetings shall be held at a time and
place to be determined by the Board.
Section 2. Special meetings of the Board may be called by the Chairman
or upon written request of three members.
- 2 2-
Section 3. The quorum for all Board meetings shall be one-half of the
total appointed Board members.
Section 4. Tbe Executive Committee shall meet at the discretion of the
Chairman.
Section 5. The quorum of all Executive Committee meetings shall be the
majority of the Committee.
ARTICLE IX - COMMITTEES
There shall be an Executive Committee and other committees as appointed by the
Chairman in accordance with Article VI, Section 2-B.
ARTICLE X - OPERATING PROCEDURES
By,-,.awe.
The Board in carrying out its powers and duties in accordance with Article IV of these
By-Laws, shall utilize the following operating procedures:
a. All employees of Board directly-operated programs shall be employees
of the City of Virginia Beach and submit to its personriel policies and
procedures. The Board shall conduct an annual performance evaluation
of its Executive Director. Pursuant to Section 37.1-195 of tbe Code of
Virginia, the Board hereby adopts the City of Virginia Beach's grievance
procedure.
b. Pursuant to Section 37.1-195 of the Code of Virginia, legal services
to the Board shall be provided by the City Attorney.
C. The City Treasurer shall receive all State and Federal funds
designated to the Board.
d. Pursuant to Section 37.1-195 of the Code of Virginia, the City Finance
Director shall serve as the Board's fis a@l agent and shall annually
audit the total revenues of the Board and its programs.
e. The Board shall comply with City of Virginia Beach policies and
procedures in purchasing equipment and supplies.
f. The Board may, following review by the City Finance Director as
to availability of funds and the City Attorney as to appropriate legal
form, enter into such agreements and contracts as are necessary to
carry out its approved form.
g. The Board shall be authorized to revise its budget categories to
meet program needs as provided in the budget Ordinance of the City
of Virginia Beach. When a budget revision is necessary, the Board
Executive Director shall submit the request in writing to the City
Finance Department prior to Board consideration of the proposed
change. Finance Department will review the request for conformance
to the City's fiscal rules, regulations and budget Ordinance and will
notify the Executive Director that the request is in compliance with
these rules and regulations or, if not, why not and what procedures need
to be followed to achieve compliance.
ARTICLE XI
Roberts Rules of Order, revised, shall govern the conduct of allboard
proceedings tmless inconsistent with these By-Laws in which case these By-Laws
shall govern.
2 3-
ARTICLE XII
The By-Laws may be amended at any regular meeting of the Board by two-thirds
vote of those present and voting, notice having been submitted to each
Board member in writing two weeks prior to the meeting, provided, however,
that such amendments shall be reviewed and ratified by City Council of the
City of Virginia Beacb.
Adopted at a regular meeting of the Board
Date: January 22, 1981
By a vote of 8 in favor of to 0 not in favor.
CERTIFIED
Isl John H. Sutherland, Jr.
Dr. John H. Sutherland, Jr.
Chairman
RATIFIED BY City Council
Date: 23 March 1981
Cert if ied :
City Clerk
Section 37.1-196. Same; term; vacancies; removal. - The term of office
of each member of the Community Services Boards shall be for three years
from the first day of January of the year of appointment, or, at the
option of the governing body of a County or City, from the first day of
July of the year of appointment, except that of the members first
appointed, several shall be appointed for terms of one year each, several
for terms of two years each, and the remaining members of the Board for
terms of three years each. The selection of members for one, two, and
three-year terms shall be as nearly equal as possible with regard to
the total number of members on the Board. If a governing body has
appointed me@rs for terms commencing January One or July One but
desires to change the date the terms of office commence, the governing
body may, as the terms of the members then in office expire, appoint
successors for terms of two and one-half or three and one-half years
so as to expire on June Thirty of December Thirty-One. Vacancies shall
be filled for unexpired terms in the same manner as the original
appointments. No person shall be eligible to serve more than two
successive terms; provided, that persons heretofore or hereafter appointed
to fill vacancies may serve two additional successive terms. Any member of a
Board may be removed by the appointing authority for cause, after being
given a written statezwnt of the causes and an opportunity to be heard
thereon. (1968, c. 477; 1970, c. 346; 1972, q. 498; 1977, c. 88; 1979,
c. 391; 1980, c. 582).
- 2 4-
ITEM II-G.5 ITEM #16423
Upon motion by Councilman Standing, seconded by Vice Mayor Heischober,
City Council voted to uphold the recommendation of the City Manager
and ADOPT the Resolution authorizing the City Manager to execute a
Water Supply Agreement with the County of Southampton, subject to
approval by the City Attorney as to legal form thereof.
Voting: 10-0
Council Members Voting Aye:
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:
John A. Baum
*COUNCILWOMAN OBERNDORF VOICED A VERBAL "AYE".
- 2 5-
A RESOLUTION AUTHORIZING THE
CITY MANAGER TO EXECUTE A
WATER AGREEMENT WITH THE
COUNTY OF SOUTHAMPTON
WHEREAS, a water shortage exists in the City of Virginia
Beach; and,
WHEREAS, Virginia Beach can no longer obtain from Norfolk
the amount of water necessary to satisfy its daily needs; and,
WHEREAS, the County of Southampton has agreed to provide
water to the City of Virginia Beach from sources located in the County
of Southampton; and,
WHEREAS, the City of Virginia Beach desires to contract for
the provision of such water.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA:
That the City Manager be, and he bereby is, authorized to
execute the attached Water Supply Agreement with the County of
Southampton, subject to approval by the City Attorney as to legal form
thereof.
ADOPTED by the Council of the City of Virginia Beach, Virginia,
on the Twenty-Third, day of March, 1981.
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WATER SUPPLY AGREEMENT
THIS AGREEMENT, Made this day of 1981,
by and between the CITY OF VIRGINIA BEACH, a Municipal Corporation of the
State of Virginia, hereinafter referred to as "Virginia Beach", and
SOUTHAMPTON COUNTY, hereinafter referred to as "Southampton".
WITNESSETH
WHEREAS, Virginia Beach and Southampton recognize that severe
problems confront the Cities of Southeastern Virginia in providing
adequate amounts of potable water to their citizens; and,
WHEREAS, Virginia Beach and Southampton are willing to cooperate
with eacb other to provide for expansion of water supplies and related
facilities to help alleviate such problems; and,
WHEREAS, such cooperation is in the best interests of the
public health, safety and welfare of the citizens of both jurisdictions.
NOW, THEREFORE, for and in consideration of the premises and
mutual covenants and agreements contained herein, and other good and
valuable consideration, the parties hereto agree as follows:
1. Southampton agrees to assist Virginia Beach in the present
and future water shortage by allowing construction and installation of
a well within the boundaries of Southampton to supply water to Virginia
Beach.
2. Such well shall be located on a site selected by Southampton
and acceptable to Virginia Beach. The well shall have a production design
of four (4) MGD (million gallons per day), and shall be screened entirely
within the Lower Artesian Aquifer.
3. Southampton and Virginia Beach mutually agree to diligently
pursue expeditious completion of this project with target dates of 1 April
1981, for drilling to commence and 30 June 1981, for completion of a
functional, productive well. The Agreement of Virginia Beach to construct
a well in accordance with this Agreement shall be irrevocable.
- 2 7-
4. Virginia Beach shall contract for and otherwise be
responsible for construction of the well and related facilities.
Engineering design shall be accomplished by Engineer(s) mutually acceptable
to the parties. Plans and specifications shall be subject to review by
Southampton. Virginia Beach shall be responsible for inspection of the
project. Southampton may have an observer present on the site at any
time.
5. Virginia Beach agrees to pay the costs of pre-pumping testing,
construction of the well and related facilities to include, but not
restricted to cost of land acquisition and improvements, physical
structures, testing, monitoring and other related expenses necessary to
secure potable water from the said well.
6. Southampton agrees to grant any and all permits necessary
to allow for commencement of the installation of the aforesaid well and
necessary water transmission and related facilities associated therewith.
7. Southampton agrees to provide, through purchase, lease,
condemnation or otherwise, the sites and/or easements necessary for the
facilities referred to herein. Southampton further agrees to provide
easements for electrical power, telecommunications, site ingress and egress,
pipe lines and any other such easement as is necessary to the development and
operation of the well and their water transmission facilities.
8. The well and its water transmission facilities shall be the
property of Southampton but it shall be operated and maintained by Virginia
Beach at its expense during the period of this Agreement, during which time
Virginia Beach and Southampton shall have access to and quiet and peaceful
possession of the wells and related facilities.
9. This contract shall be for a period of five [5] years and
may be modified or amended only by a writing of equal dignity executed by
the parties hereto. Upon expiration hereof this contract shall renew
automatically for a period of five [5] years unless notice is given in
writing, at least six [6) months prior to the date of expiration hereof
to the Chief Executive Officer of the corresponding jurisdiction that eitber
party desires the agreement not automatically renew. Notice shall be
effective upon receipt.
- 2 8-
10. During the initial five [5) year term of this contract,
Virginia Beach agrees to diligently pursue, in good faith, developtnent of
facilities "to provide alternative sources of potable water for its needs
from sources other than the well which is the subject of this Agreement.
Such facilities may include but not limited to [a] a desalinization plant;
[b] fresh water shallow well fields within Virginia Beach; or, [c]
permanent surface impoundments and related treatment facilities.
11. This contract may only be terminated prior to expiration
of the five [5] years by the joint consent of the parties hereto. Any
notice of a desire to terminate shall be given in writing at least six
[6] months prior to the contemplated date thereof, registered mail to the
Chief Executive Officer of the corresponding jurisdiction. Notice shall
be effective upon receipt.
12. During the term of this Agreement, Virginia Beach shall
have the right to utilize the water made available as a result of this
Agreement during times of emergency water demand. Emergency water demand
shall be defined as those times when [a] Virginia Beach imposes mandatory
water conservation measures and imposes penalties for non-compliance; or
[b] when a State of Water Emergency is declared by the State; or, [c]
when there is a declaration of drought disaster conditions by the State or
Federal Government for Southampton County and/or Virginia Beach. It is
further provided that utilization of such water by Virginia Beach may occur
at any other time mutually agreed to by the parties in writing. As
compensation for such water (not including operation and maintenance
costs), Virginia Beach agrees to pay to Southampton the sum of fifteen
cents ($.15) per one thousand (1,000) gallons. Such amounts of water
shall be measured througb meters installed at the well by Virginia Beach.
13. Southampton and Virginia Beach shall have the right to
jointly read and test such meters to insure tbeir accuracy. Readings
shall be taken every sixty [601 days and Virginia Beach will be billed
by Southampton within ten [101 days thereafter for the appropriate
amount based on the rate specified herein. Such bills shall be paid
by the City of Virginia Beach within thirty [301 days from receipt
thereof.
- 2 9-
14. Notwithstanding the right of Virginia Beach to full use of
water extracted from the well, Southampton reserves unto itself up to ten
[101 percent actual daily production thereof, should it become necessary
for Southampton to use such water in the future.
15. In the event Southampton desires to use such water pursuant
to this Agreement, then notice shall be given to Virginia Beach at least
ninety [901 days in advance thereof, in writing, delivered registered mail
to its Cbief Executive Officer, except in the event of a health and/or
safety-oriented emergency, when such notice shall be given as soon as
practicable and diversion shall be immediate.
16. If Southampton uses the well water as stated above, separate
meters shall be installed by Virginia Beach to measure tbe amount of
water being pumped for each respective jurisdiction. During periods of
joint usage the charges outlined in Paragraph 11 above will be waived
by Southampton as to that water used by Southampton. Southampton further
agrees to pay to Virginia Beach the porportionate share of operation and
maintenance costs attributable to such usage during such periods of joint
use.
17. Virginia Beach agrees to take reasonable steps necessary
to compensate affected property owners for damages to existing wells which
may occur as a result of development of the well referred to herein for
which Virginia Beach is liable. Virginia Beach agrees to follow the
mitigation plan attached hereto as Exhibit A.
18. Southampton and Virginia Beach mutually agree to give each
other prior, written notice as soon as practicable of any activity which
may have any impact upon the wells or related facilities.
19. Southampton agrees not to engage in or allow any conduct
within Southampton which would jeopardize the productive capability
of the well field serving the well which is the subject of this Agreement.
20 . The parties further agree that each shall allow unto the
other, right of entry upon and across all properties and rights-of-way
which are necessary in connection with the use, maintenance and operation
of the well and other necessary activities including the transmission of
water.
- 30 -
21 it is agreed by the parties hereto that nothing in this
agreement is to be construed as establishing a "water supply", "water
system", or-"water supply system" of Virginia Beach in the County of
Southampton.
2 2. If it is determined by the appropriate State agencies or a
qualified groundwater hydrologist acceptable to both parties, that the
quantity or quality of groundwater in Southampton is being irreparable
harmed by the pumping of said well, then Southampton reserves the right
to terminate the pumping thereof until sucb measures may be taken to
insure the quantity and quality of said groundwater may be restored and
maintained in a manner and to such levels sufficient to insure the
health and safety of the citizens of Southampton.
23. Virginia Beach agrees to save Southampton harmless from
any liability resulting from the pumping, transmission and/or introduction
of said water into anytransm,'-ssion'system or reservoir.
24. Duplicate originals of this Agreement shall be executed
and recorded in the Clerk's Offices of the Circuit Courts of Southampton
and Virginia Beach.
IN WITNESS WHEREOF, Southampton has caused this Agreement to
be signed on its behalf by I its Chief Executive Officer
and its Seal to be affixed hereto and attested by its Clerk pursuant to
Ordinance adopted by its Board of Supervisors on
1981, and Virginia Beach has caused that this Agreement to be executed
on its behalf by George L. Hanbury its City Manager and its Corporate
Seal affixed hereto and attested by its City Clerk, pursuant to Ordinance
- 31 -
CITY OF VIRGINIA BEACH
By
City Manager
ATTEST:
City Clerk
SOUTHAMPTON COUNTY
By
ATTEST:
Clerk
3 2-
STATE OF VI.RGINIA
CITY OF VIRGINIA BEACH, to-wit:
I, a Notary
Public in and for the City and State aforesaid, do hereby certify that
GEORGE L. HANBURY, City Manager, and RUTH HODGES SMITH, City Clerk,
for the CITY OF VIRGINIA BEACH, whose names as such are signed to the
foregoing Agreement, have acknowledged the same before me in my City
and State aforesaid.
GIVEN under my hand this day of 1981.
Notary Public
My Commission Expires:
STATE OF VIRGINIA
SOUTHAMPTON COUNTY, to-wit:
I, a Notary
Public in and for the County and State aforesaid, do hereby certify that
, Chief Executive Officer, and
Clerk, for SOUTHAMPTON COUNTY, whose names
as such are signed to the foregoing Agreement, have acknowledged the same
before me in my County and State aforesaid.
GIVEN under my hand this day of 1981.
Notary Public
My Commission Expires:
3 3-
EXHIBIT A
This Mitigation Plan shall apply to all non-public wells
existing at the time of initial pumping of the well which are the
subject of the Agreement into which this Plan is incorporated.
A. Virginia Beach and Southampton jointly will attempt to
determine which property owners will be adversely affected prior to
commencement of pumping from the well and take any or all of the steps
set forth below to prevent interruption of water supply to such property
owners.
B. For administration of this Mitigation Plan, an adversely
affected property owner shall notify Southampton directly of any such
adverse impact upon his well from pumping by Virginia Beach. if
Southampton has good cause to believe the property owner's well(s) is
being adversely affected by pumping by Virginia Beach, Southampton may
then take whatever action it deems necessary to remedy such situation by
one of the methods set forth in this Mitigation Program. Southampton
shall then forward a statement for any expenditures for such mitigation
to Virginia Beach. If Virginia Beach and Southampton are unable to
agree that it was necessary to implement any such measures required under
this Plan or which measures should have been implemented, the matter shall
be referred to a hydrologist or groundwater consultant upon whom both
parties agree for binding arbitration and such hydrologist or groundwater
consultant shall determine whether it was necessary to implement the
alternatives for mitigation of the adverse effects and wbich measures
sbould have been implemented and determine the fair amount of compensation
due therefor.
C. In each case of a well serving a property owner,which,
before pumping begins, is determined to be adversely affected by pumping
from the well developed to supply water for the City of Virginia Beach
in Southampton, one or more of the following alternatives for mitigation
of the adverse effects will be investigated and applied before pumping
begins, as appropriate:
- 3 4 -
1. Lowering of Pump,
2. Installation of New Pump,
3. Lowering of Well,
4. Drilling of New Well, and
5 Interconnections with other local
unaffected wells.
Virginia Beach agrees to bear the costs for any of the above steps
necessary to alleviate adverse impact to affected property owners.
D. If Virginia Beacb and Southampton are unable to determine
in advance that a property owner's well(s) will be adversely affected
by said well, and such property owner's well(s) stop providing
sufficient quantities of water fit for consumption as a result of pumping
to supply Virginia Beach, then Southampton will take any and all of the
following emergency steps, as necessary, to provide an immediate alternative
water supply to the affected property owner:
1. Trucking water in bulk for human and livestock
consumption,
2. Temporary Interconnections with local unaffected
wells,
3. Provision of temporary substitute housing for
the family if necessary, and
4. Any combination of any of the above measures
which will insure that the property owner will not be required to go
without water for normal human or livestock use for more than
twenty-four [24] hours.
As soon as possible, after implementation, the measure or measures
required by Sub-paragraph 1-4 above, the property owner shall be entitled
to receive such measures as are required under Paragraph C above.
E. Any property owner who, of necessity, has undertaken
reasonable self-help to mitigate adverse conditions at his well caused
by pumping to supply Virginia Beach, will be reimbursed for the reasonable
costs of such self-help measures upon presentation by him of appropriate
documentation to Southampton.
- 3 5-
F. Before pumping commences at any well as herein provided
an escrow a@ccount fund shall be established by Virginia Beach in the
amount of FIFTY THOUSAND DOLLARS [$50,000.001 and maintain that amount
throughout the period of this Agreement and any extension thereof for
the purpose of administering the Mitigation Program set forth above.
- 36 -
C 0 N S E N T A G E N D A
ITEM II-G.1 ITEM #16424
Upon motion by Vice Mayor Heischober, seconded by Councilman Standing,
City Council voted to uphold the recommendation of the City Manager
and APPROVE the Raffle Permit for the Virginia Beach Democratic Women's
Club.
Votin g 10-0
Council Members Voting Aye:
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:
John A. Baum
- 3 7 -
P L A N N I N G A G E N D A
ITEM II-H.1 ITEM #16425
COUNCILMAN BAUM RETURNED TO CHAMBERS
Mr. Robert T. Vann appeared in behalf of his application
Upon motion by Councilman Kitchin, seconded by Councilman Baum, City
Council voted to upbold the recommendation of the Planning Commission
and APPROVE the application of ROBERT T. VANN for a Conditional Use
Permit, as per the following, subject to the conditions outlined in
the City Manager's letter:
AN ORDINANCE UPON APPLICATION OF ROBERT T. VANN R0381381
FOR A CONDITIONAL USE PERMIT FOR AN ANTIQUE AUTO
MUSEUM AND AUTO SALES
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGI-NIA:
Ordinance upon application of Robert T. Vann for a Conditional Use
Permit for an antique auto museum and auto sales on certain property
located on the Northeast corner of Virginia Beach Boulevard and
Mediterranean Avenue, running a distance of 230 feet along the North
side of Virginia Beach Boulevard, running a distance of 140 feet along
the Eastern property line, running a distance of 230 feet along the
Northern property line and running a distance of 140 feet along the
East side of Mediterranean Avenue. Said parcel contains .739 acre.
VIRGINIA BEACH BOROUGH.
Approval is subject to the following provisions in conjunction with
the intended use of the land:
1. Standard improvements as required by the Site Plan Ordinance.
2. City water and sewer.
3. A revised site plan with adequate parking in accordance with City
standards.
4. Received a variance to his parking requirements from the Board of
Zoning Appeals so that he can back out onto Mediterranean Avenue,
which was acceptable to City Council
This Ordinance shall be effective from date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia,
on the Twenty-Third day of March, 1981.
3 8-
Vot ing 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, Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
None
3 9-
ITEM II-H.2 ITEM #16426
Mr. Norman L. Biggs appeared in behalf of his application.
Upon motion by Councilman Standing, seconded by Councilman Kitchin, City
Council voted to uphold the recommendation of the Planning Commission and
APPROVE the application of NORMAN L. BIGGS for a Conditional Use Permit,
as per the following, subject to the conditions outlined in the City
Manager' s let ter; wi th the exception of con d it ion number five [ 5]
There shall be no parking located between the
street and the front of the building
AN ORDINANCE UPON APPLICATION OF NORMAN L. BIGGS R0381382
FOR A CONDITIONAL USE PERMIT FOR A GROCERY
(CONVENIENCE) STORE
BE IT ORDAINED BY THE COLNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
Ordinance upon application of Norman L. Biggs for a Conditional Use
Permit for a grocery (convenience) store on certain property located
at the Northwest corner of Virginia Beach Boulevard and Cypress Avenue,
rtmning a distance of 100 feet along the North side of Virginia Beach
Boulevard, rtmning a distance of 140 feet along the Western property
line, running a distance of 100 feet along the Northern property line,
and running a distance of 140 feet along the West side of Cypress
Avenue. Said parcel contains .32 acre. VIRGINIA BEACH BOROUGH.
Approval is subject to the following provisions in conjunction with
the intended use of the land:
1. Standard improvenients as required by the Site Plan Ordinance.
2. City water and sewer.
3. An adequate drainage outfall system with all the necessary
downstream improvements and easements.
4. Right-of-way improvements are necessary along Cypress Avenue;
this includes pavement widening and overlay, curb, gutter,
sidewalk, and drainage facilities.
5. Applicant must appear before the Board of Zoning Appeals to
request a variance to the condition that his parking be
located at the rear of the store and not along the street.
This Ordinance shall be effective from date of adoption.*
Adopted by the Council of the City of Virginia Beach, Virginia,
an the Twenty-Third day of March, 1981.
*Approval is subject to the Board of Zoning Appeals granting
the request for a variance to provision number five [5].
-40 -
Voting: 1.1-0
Council Members Voting Aye:
John A. Bau@ 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, Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
None
-41-
ITEM II-H.3 ITEM #16427
Upon motion by Councilman Ervin, seconded by Councilman Merrick, City
Council voted to uphold tbe recommendation of the Planning Commission
and ADOPT the Ordinance to amend and reordain Article 2, Section 233
of the Comprehensive Zoning Ordinance pertaining to Recreational
Campgrounds.
Vot ing : 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, Reba S. McClanan, Mayor J. Henry McCoy, Jr., D.D. S. ,
Donald W. Merrick, and Meyera E. Oberndorf
Council Members Voting Nay:
Patrick L. Standing
Council Members Absent:
None
4 2-
AN ORDINANCE TO AMEND AND REORDAIN
ARTICLE 2, SECTION 233 OF THE
COMPREHENSIVE ZONING ORDINANCE
PERTAINING TO RECREATIONAL CAMPGROUNDS
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA:
That Article 2, Section 233, Recreational Campgrounds, of the
C.Z.O. is amended and reordained as follows:
(c) Permitted principal uses and structures are as follows:
(1) Use of transportable recreational housing, other
than long term occupancy as dwelling units, except
as specified in Subsection (d) below, provided that
storage of unoccupied units
not in a condition for safe occupancy and sale of
units shall be prohibited.
(2) Structures and uses required for the operation,
maintenance and management of the recreational
campground.
(d) Permitted accessory uses and structures. Includes uses
and structures customarily accessory and clearly incidental
and subordinante to permitted uses and structures, including
permanent mobile homes with a maximum of one [11 mobile
home per 150 recreational campground spaces, not to
exceed 5 mobile homes, for the specific purposes of
occupancy of employees operating and maintaining the
recreational campground.
Adopted by the Council of the '@ity of Virginia Beach, Virginia,
on the Twenty-Third day of March, 1981.
-4 3-
ITEM II-H.4 ITEM #16428
Attorney James Thurman, representing Sinclair Inn and Essex House,
appeared concerning the proposed Ordinance.
Mr. Robert Baxter, Concerned Citizens for Sidewalk Cafes, presented
petitions@in favor of the cafes.
Mr. James Capps, owner of Essex House, appeared requesting the
cafes be permitted to remain.
Attorney E. T. Caton, III, appeared in opposition to the cafes.
Upon motion by Councilman Merrick, seconded by Vice Mayor Heischober,
City Council voted to uphold the recommendation of the Planning Commission
and ADOPT the Ordinance to amend and reordain Article 1, Section 111, of
the Comprehensive Zoning Ordinance pertaining to Definition of Eating and
Drinking Establishments.
Vot ing : 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, Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
None
-4 4-
AN ORDINANCE TO AMEND AND REORDAIN
ARTICLE 1, SECTION Ill OF THE
COMPREHENSIVE ZONING ORDINANCE PERTAINING
DEFINITION OF EATING AND DRINKING ESTABLISHMENTS
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA:
That Article 1, Definitions, of the C.Z.O. is amended and
reordained as follows:
Eating and Drinking Establishment: A commercial establishment
where food, beverages, or meals are served and consumed,
including any areas set aside for their storage or preparation.
Adopted by the Council of the City of Virginia Beach, Virginia,
on the Twenty-Third day of March, 1981.
- 4 5-
ITEM II-H.4a ITEM #16429
Upon motion by Councilman Merrick, seconded by Vice Mayor Heischober,
City Council voted to uphold the recommendation of the Planning Commission
and DENY the Ordinance to amend and reordain Article 7, Section 711 of the
Comprehensive Zoning Ordinance pertaining to Use Regulations for Eati!E
and Drinking Establishments.
Voting: 10-1
Council Members Voting Aye: (for denial)
John A. Baum, F. Reid Ervin, Vice Mayor Harold Heischober,
Barbara M. Henley, Clarence A. Holland, M.D., W. H. Kitchin,
III, Reba S. McClanan, Donald W. Merrick, Meyera E. Oberndorf,
and Patrick L. Standing
Council Members Voting Nay:
Mayor J. Henry McCoy, Jr., D.D.S.
Council Members Absent:
None
-4 6 -
AN ORDINANCE TO AMEND AND REORDAIN
ARTICLE 7, SECTION 711 OF THE
COMPREHENSIVE ZONING ORDINANCE PERTAINING
TO USE REGULATIONS FOR EATING AND DRINKING
ESTABLISHMENTS
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA:
That Article 7, Section 711, Use Regulations, of the C.Z.O.
is amended and reordained as follows:
711. Use Regulations
Within an H-2 Resort Hotel District, only the following
uses and structures shall be permitted:
(b) Accessory uses and structures. Uses and structures
which are customarily accessory and clearly
incidental and subordinate to principal uses and
structures, including but not limited to, establish-
ments for sale of gifts, clothing, drugs, photographic
supplies, newspapers and magazines and convenience
goods, eating and drinking establishments, professional
and personal service establishments, meeting rooms,
convention halls, and marinas, other than
commercial, excluding facilities for storage and
repair of boats and sale of boating supplies and
fuel; provided, that such uses shall be accessory
only to hotels having twenty-one [21] or more
dwelling or lodging units; and provided also that
there shall be no evidence of the existence of
such establishment from outside the zoning lot.
As an exception to the above, however, eating and
drinking establishments as an accessory use may
be allowed with evidence of their existence from
outside the zoning lot, provided that the
following conditions shall be met:
(1) The hotel to which the use is accessory
must have at least fifty [50] rooms.
(2) The floor area of such restaurant shall not
exceed twenty [201 percent of the floor area
of the hotel.
(3) Signs advertising the restaurant are permitted,
provided that the limitations upon number and
area of signs established by this Ordinance
shall apply to the hotel complex as an entity.
(4) Required parking shall be increased by one
parking space per 150 square feet of restaurant
area.
(5) No live or recorded music or other entertainment
in conjunction with such eating or drinking
etablishment shall be allowed outside the
structure.
(6) Any eating and drinking establishment operating
later than 8:00 p.m. must be fully enclosed.
DENIED by the Council of the City of Virginia Beach, Virginia,
on the Twenty-Third day of March, 1981.
- 4 7-
ITEM II-H. 5 ITEM #16430
Upon motion by Councilman Holland, seconded by Vice Mayor Heischober,
City Council voted to uphold the recommendation of the Planning Commission
and ADOPT the Ordinance to amend the Master Street and Highway Plan dated
December 16, 1974 pertaining to Diamond Springs Road.
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, Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
None
-4 8-
AN ORDINANCE TO AMEND THE
MASTER STREET AND HIGHWAY
PLAN DATED DECEMBER 16, 1974
PERTAINING TO DIAMOND SPRINGS ROAD
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA:
That the Master Street and Highway Plan dated December 16, 1974,
is hereby amended as follows:
Reduce the extension of Diamond Springs Road between Newtown
Road and Baker Road Extended from a 66-foot right-of-way to a
60-foot right-of-way.
Adopted by the Council of the City of Virginia Beach, Virginia,
on the Twenty-Third day of March, 1981.
- 4 9-
ITEM II-H.6 ITEM #16431
Attorney Robert H. Bennett appeared in behalf of the Ordinance
Upon motion by Councilman Merrick, seconded by Councilman Baum, City
Council voted to ADOPT the Ordinance to authorize a temporary encroach-
ment into a portion of a 15' Alley adjacent to Lots A and B, Block 22,
located in Croatan Beach; approval is subject to the approval of the
Director of Public Works and the Director of Public Utilities, This
Ordinance replaces the Ordinance closing and vacating said Aliey.
(Approved)**
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, Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
None
- 50 -
AN ORDINANCE TO AUTHORIZE A TEMPORARY
ENCROACHMENT INTO A PORTION OF A 15'
ALLEY ADJACENT TO LOTS A AND B, BLOCK
22, LOCATED IN CROATAN BEACH
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA:
That pursuant to the authority and to the extent thereof
contained in Section 15.1-893, Code of Virginia, 1950, as amended,
Claudia May Clifton is authorized to construct and maintain a temporary
encroachment into a 15' Alley adjacent to Lots A and B, Block 22, Croatan
Beach.
That the temporary encroachment herein authorized is for the
express purpose of installing and maintaining a septic tank drain field
as described below into a portion of the 15' Alley adjacent to Lots A
and B, Block 22, Croatan Beach as more particularly described as follows:
The drain field may encroach into the
15' Alley which is adjacent to Lots A
and B as more particularly described and
shown on that certain survey attached
hereto and entitled "Plat Showing 15'
Alley adjacent to Lots A and B, Block 22,
Croatan Beach to be vacated for Robert H.
Bennett, Trustee for Claudia May Clifton"
dated November, 1980, and by reference
made a part hereof.
PROVIDED, HOWEVER, that such authority and permission so
granted shall terminate when the City sewer lines are installed to
service the abovementioned property, and within sixty [60] days after
the date that service is available, said owner, her heirs, assigns and
successors in title, shall connect to the City sewer and water lines and
said temporary encroachment will terminate.
AND, PROVIDED FURTHER, that it is expressly understood and
agreed that Claudia May Clifton her heirs, assigns and successors in
interest 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 encroacbment.
51 -
AND, PROVIDED FURTHER, that nothing herein contained shall be
construed to relieve said owner, her heirs, assigns and successors in
title from liability for any negligence on their part.
Adopted by the Council of the City of Virginia Beach, Virginia,
on the Twenty-Third day of March, 1981.
This Ordinance shall be effective upon approval by the
Director of Public Works and the Director of Public Utilities.
**Approval of the above condition received and made a part
of the record pertaining to this action of City Council: March 27, 1981.
-5la-
SOUTH
A TL,4N TIC AVENUE
1 3
<
cr
R 0- I L T I-VE r@UE
F, L 4, T S H Do,'l N G F'@ P, 1, E0
:5' NLLL-Y TO LC)T 4' 4,,,,,,D LOT F-, BLO-@K 22, cizDr-l-@N 5F--,C-H
RC--RT
FCR C!- UD!P, r,@4 Y CL I TC)N
E
- 5 2-
ITEM II-H.7 ITEM #16432
Attorney Robert R. Bennett appeared in behalf of the applicant.
Attorney William M. Murphy, representing Mrs. Anne James Hunt, appeared
in opposition.
Upon motion by Councilman Merrick, seconded by Councilman Holland, City
Council voted to ADOPT the Ordinance to authorize a temporary encroachment
into a portion of a 15' Alley adjacent to Lot 3, Block 20, located in
Croatan Beach; approval is subject to the approval of the Director of
Public Works and Director of Public Utilities. (Approved)**
Vot ing: 11-0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, Vice Mayor Harold Heischober,
Barbara M. Renley, 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, Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
None
- 53-
AN ORDINANCE TO AUTHORIZE A TEMPORARY
ENCROACHMENT INTO A PORTION OF A 15'
ALLEY ADJACENT TO LOTS 3, BLOCK 20,
LOCATED IN CROATAN BEACH
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That pursuant to the authority and to the extent thereof
contained in Section 15.1-893, Code of Virginia, 1950, as amended,
George A. Knaysi is authorized to construct and maintain a temporary
encroachment into a 15' Alley adjacent to Lot 3, Block 20, Croatan Beach.
That the temporary encroachment herein authorized is for the
express purpose of installing and maintaining a septic tank drain field
as described below into a portion of the 15' Alley adjacent to Lot 3,
Block 20, Croatan Beach and more particularly described as follows:
The drain field may encroach into the 15' Alley
which is adjacent to Lot 3 as more particularly
described and shown on that certain survey attached
hereto and entitled, "Plat Showing 15' Alley Adjacent
to Lot 3 and Lot 15, Block 20, Croatan Beach To Be
Vacated for George A. Knaysi and Susan Ramsay Knaysi"
dated January, 1981, and by reference made as part
hereof.
PROVIDED, HOWEVER, that such authority and permission so
granted shall terminate when the City sewer lines are installed to service
the abovementioned property, and within sixty [60] days after the date
that service is available, said owner, his heirs, assigns and successors
in title, shall connect to the City sewer and water lines and said
temporary encroachment will terminate.
AND, PROVIDED FURTHER, that it is expressly understood and
agreed that George A. Knaysi, his heirs, assigns and successors in interest
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.
- 5 4-
AND, PROVIDED FURTHER, that nothing herein contained shall
be construed to relieve said owner, his heirs, assigns and successors
in title from liability for any negligence on their part.
Adopted by the Council of the City of Virginia Beach, Virginia,
on the Twenty-Third day of March, 1981.
This Ordinance shall be effective upon approval by the
Director of Public Works and the Director of Public Utilities.
**Approval of the agove condition received and made a part of the
record pertaining to this action of City Council: March 27, 1981
-54a-
SOUTH ATL,4NTIC AVENUE
I C)O'
2 4
5 4 l-' - 15- E I
.4LLEY
14 15 16
ATLANTIC OCEAN
PL,4T SHO@VING E@@-z
15' 4LLEY ADJ4CENT TO LOT 3 .4t@'D LOT 15, BLOCK 20, CRO,4,-,,4N -gc-'4CH
r_,D.
FOR
GEORGE A. KN/,@YS] cind SUS,4N P@At1/2l'-zAY KN,4YSI
LY N @,HA VEN BOROUGH, - VIF?IIN!A BE4CH, VIR@,INIA
i "= 40' 1951
,,,'@N E. SIR]NE A,%D 4SSOCIATES, LTD
SURVEYC)RS P@@r EtJGlt@EEP@S
BE,-H, \IjPGIN!tl
L, c zc SD 20 ICEI
- 5 5-
ITEM II-H.8 ITEM #16433
Considera@tion of the request of Wilbur Whitehead for a waiver of the
requirement of standard right-of-way improvements for Oceana Boulevard
was deferred until later in the meeting.
ITEM II-H.9 ITEM #16434
The application of S & C Company for a change of zoning from R-6
Residential District to A-2 Apartment District had been scheduled
for the Council meeting of 27 April 1981; however, the applicant
will be out of the Country on that date and requested it be re-
scheduled.
Upon motion by Councilman Holland, seconded by Councilman Merrick, City
Council voted to reschedule the application of S & C COMPANY for a Change
of Zoning District Classification from R-6 Residential District to A-2
Apartment District for 4 May 1981, at two o'clock in the afternoon.
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, Reba S. McClanan, Mayor J. Henry McCoy, Jr., D.D.S.,
Donald W. Merrick, and Patrick L. Standing
Council Members Voting Nay:
Meyera E. Oberndorf
Council Members Absent:
None
- 56-
0 R D I N A N C E S C 0 D E A M E N D M E N T S
1TEM II-I.l.a ITEM #16435
Upon motion by Councilman Ervin, seconded by Councilman Standing, City
Council voted to uphold the recommendation of the City Manager and
ADOPT the Ordinance to amend and reordain the Code of the City of
Virginia Beach, Virginia, by adding a provision to provide for the
establishment of a Deferred Compensation Plan for employees, and the
supervision, administration and implementation thereof.
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, Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
None
5 7-
AN ORDINANCE TO AMEND AND REORDAIN THE
CODE OF THE CITY OF VIRGINIA BEACH,
VIRGINIA, BY ADDING A PROVISION TO
PROVIDE FOR THE ESTABLISHMENT OF A
DEFERRED COMPENSATION PLAN FOR
EMPLOYEES, AND THE SUPERVISION,
ADMINISTRATION AND IMPLEMENTATION
THEREOF.
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
Section 1. Establishment, Execution and Amendment of Deferred
Compensation Plan.
Pursuant to the Government Employees Deferred
Compensation Act, Section 51-111.67:14 et seg of the Code of
Virginia (1950), as amended, The City of Virginia Beach hereby
adopts and establishes a Plan of Deferred Compensation for its
Employees dated the _ day of , 1981. The purpose
of the Plan shall be to provide for the deferral of compensation
to the Participants. The Plan shall exist in addition to all
otlier retirement, pension or other benefit systems available to
the Participants, and shall not supercede, make inoperative or
reduce any benefits provided by any other retirement, pension or
benefit program established by law.
On behalf of the Employer, the City of Virginia Beach,
Virginia, the City Manaqer is hereby authorized and directed to
execute and deliver the Plan to the Plan Administrator. The Plan
shall contain such terms and amendments as the City Council may
from time to time approve.
Section 2. Designation of Deferred Compensation Board to
Administer the Plan.
There is hereby created a Deferred Compensation Board,
consisting of City employees, to be appointed by the City Manager
and to be confirmed by the City Council of the City of Virginia
Beach, Virginia and to serve at their pleasure.
- 5 8-
Section 3. Powers of Deferred Compensation Board.
The Deferred Compensation Board is hereby granted the
power to do all things by way of supervision, administration and
implementation of a Plan of Deferred Compensation, including but
not limited to the power to contract with private corporations or
institutions for service in connection therewith; provided
however, that nothing contained in this section shall be
construed to authorize the Deferred Compensation Board to act
beyond the limits of the Plan.
This Ordinance shall be effective from date of
adoption.
Adopted by the Council of the City of Virginia Beach, Virginia,
on the Twenty-Third day of March, 1981.
JDB/da
3/11/81
(A)
Ar,
-2-
- 5 9-
THE
DEFERRED COMPENSATION PLAN
OF
THE CITY OF VIRGINIA BEACH
ARTICLE I
DEFINITIONS
As used in this Plan, the following words and phases shall
have the meanings set forth below, unless the context clearly indicates
otherwise. Any words herein used in the masculine shall be read and
construed in the feminine where they would so apply. Words in the
singular shall be read and construed in the plural where they would
so apply.
1.1 Beneficiary: The person or persons designated in writing
by the Participant in the form provided by the Plan Administrator or if
(i) no such person is designated, (ii) all such persons predecease
the Participant, or (iii) the Plan Administrator is unable for a period
of one (1) year to locate the designated beneficiary, the Participant's
spouse followed by the Participant's descendents, per stirpes, followed
by the Participant's parents and lastly pursuant to the provisions of
Section 6.1
1.2 Benefit Amount: The deferred amount due a Participant
or his Beneficiary, under this Plan, shall be equivalent to his Deferred
Compensation, all property and rights purchased with such amounts, all
income attributable to such amounts, property or rights, and all gains
from the disposition thereof, less all losses and expenses attributable
thereof.
1.3 Compensation: A Participant's wages, salary, and any other
amount receivable during his current taxable year for personal services
rendered to the Employer, including that portion of such amount which
is deferred under this Plan.
1.4 Deferred Compensation: That portion of a Participant's
Compensatio@ which is deferred under this Plan.
1.5 Employee: An individual who is employed by the Employer,;
except temporary employees who do not have at least six months of
continuous service.
- 6 0-
1.6 Employer: The City of Virginia Beach and any agencies
or instrwentalities thereof.
1,7 Includible Compensation: That portion of a Participant's
Compensation which is includible in his gross income in the current
taxable year for federal income tax purposes, taking into account the
provisions of Sections 403(b) and 457 of the Internal Revenue Code of
1954, as amended.
1.8 Normal Retirement Age: The later of the normal retirement
age specified under the Virginia Supplemental Retirement Act, as amended,
Section 51-111.9 et seq of the Code of Virginia (1950), as amended, if
applicable to the Participant, the normal retirement age specified under
any other retirement, pension or benefit program established by the
Employer for the benefit of the Participant, if applicable, or age 65.
1.9 Participa-nt: An Employee who has executed a Participation
Agreement and returned it to the Plan Administrator pursuant to this
Plan.
1.10 Plan: This document, the Participation Agreement, and
any amendments thereto.
1.11 Plan Administrator: The Employer or such other person
as may be designated from time to time by the Employer.
1.12 Plan Ceiling: The lesser of (i) $7,500.00 or (ii) 33 1/3
percent of the Participant's Includible Compensation.
1.13 Unforeseeable Emergency: Severe financial hardship to the
Participant resulting from a sudden and unexpected illness or accident
of the Participant or of a dependent of the Participant, loss of the
Participant's property due to casualty, or other similar extraordinary
and unforeseeable circumstances arising as a result of events beyond
the control of the Participant, as determined by the Plan Administrator
in the manner prescribed by the Secretary of the Treasury by regulation,
except that such hardship shall not constitute an Unforeseeable Emergency
to the extent that such hardship is or may be relieved (1) through
reimbursement or compensation by insurance or otherwise, (2) by
liquidation of the Participant's assets to the extent the liquidation
of these assets would not itself cause severe financial hardship, or
(3) by cessation of deferrals under the Plan.
- 61 -
ARTICLE II
PARTICIPATION
2*.l Eligibility: Any individual who performs services for
the Employer as an Employee shall be eligible to participate in this
Plan and to defer compensation hereunder.
2.2 Election to Partici@te: An Employee may elect to
become a Participant in the Plan by executing a Participation Agreement
and returning it to the Plan Administrator prior to the effective date
thereof. The Participation Agreement shall be in the form provided by
the Plan Administrator under which such Participant and the Employer
agree to be bound by all the terms and conditions of this Plan.
An election to participate in this Plan may be made:
(i) by all Employees within sixty (60) days
from the date participation is first offered
by the Plan Administrator; and,
(ii) by Employees entering service of the Employer
after the date participation is first offered,
within sixty (60) days after such entry into
service; and,
(iii) by all Employees during enrollment periods
held during the months of April and October
in each year during which the Plan is in
operation.
2.3 Commencement of Participation: A Participant shall
participate in the Plan for the period commencing with the first full
pay period of the next calendar month following the month in which he
executes and returns the Participation Agreement provided by Section
2.2, and ending on the earliest date the Participant separates from
the Employer's service by retirement (including disability retirement),
death or otherwise.
2.4 Revocation of Participation: The Participant may revoke
his election to participate at anytime and may amend the amount of
Compensation to be deferred heretmder once per calendar quarter by filing
with the Plan Administrator a written revocation or amendment within
sixty (60) days prior to the end of the Participant's taxable year on
the forms provided for this purpose. Any such revocation or amendment
shall be effective beginning with the first pay period commencing in the
month following the month in which the revocation or amendment is filed
with the Plan Administrator, and shall not affect the treatment of
Compensation previously deferred hereunder.
- 6 2-
2.5 Deferral of Compensation: During a Participant's period
of participation, the Participant and the Employer hereby agree to the
deferral of that portion of the Participant's Compensation which is
specified in the Participation Agreement, subject to the limitations
contained in Section 2.6 hereof, and the other terms and provisions
of this Plan. Such Compensation shall be deferred as of the date it is
otherwise due and payable to the Participant. The total amount deferred
for the Participant's taxable year shall be deducted from his Compensation
on such terms as the Participant and the Employer may agree, except that
at no time shall the cumulative deferral exceed the limitations which
would be imposed by Section 2.6 if the Employee's Compensation on the
date of such deferral constituted such Employee's entire Compensation.
All Deferred Compensation shall be invested as provided by Article III
hereof, and Benefit Amounts shall be paid by the Employer as provided
by Article IV.
2.6 Limitations on Amount of Deferral
(a) The minimum amount of Compensation which may be
deferred under this Plan shall consist of $10.00 in each of the
Participant's pay periods. The aggregate maximum amount of compensation
which may be deferred under this and all eligible plans in each of the
Participant's taxable years shall not exceed the Plan Ceiling.
(b) Notwithstanding anything contained in Section
2.6(a) to the contrary, for each of the Participant's last three taxable
years ending before he attains Normal Retirement Age, the maximum amount
of Compensation which may be deferred shall not exceed the lesser of:
(i) $15,000.00 or
(ii) the sum of
(A) the Plan Ceiling for the
taxable year, plus
(B) so much for the Plan Ceiling for
taxable years before the taxable
year As has not theretofore been
used under Subsection (a) of this
Section
- 6 3-
(c) In applying Subsection (b) of this Section, a
prior taxable year shall only be taken into account if (i) it begins
after December 31, 1978, (ii) the Participant was eligible to participate
in the Plan during all or any portion of the taxable year and (iii)
Compensation deferred under the Plan during the taxable year was subject
to a Plan Ceiling as required by Section 457 of the Internal Revenue Code
of 1954, as amended.
(d) In applying Subsections (a), (b) and (c) of this
Section, any amount excluded during a Participant's taxable years
under Section 403(b) of the Internal Revenue Code of 1954, as amended,
shall be treated as Compensation which is deferred under an eligible plan
of deferred compensation,
ARTICLE III
INVESTMENT, ADMINISTRATION AND REPORTING
3.1 Participant's Status as General Creditor: All Benefit
Amounts shall remain solely the property and rights of the Employer until
made available to the Participant or his Beneficiary under this Plan,
and neither the Participant nor any Beneficiary shall have any right
thereto except as a general creditor of the Employer. No Benefit Amount
shall be restricted to the provisions of benefits under this Plan, and
all Benefit Amounts shall be subject to the claims of the Employer's
general creditors to the extent permitted by the Constitution and the
laws of the Commonwealth of Virginia.
3. 2 Investment Options: At the time an individual becomes a
Participant, and at such other times as the Plan Administrator may
determine prior to the earliest distribution date, the Participant shall
choose from among the various options the Employer may provide for the
investment of Deferred Compensation. The Employer shall invest and
reinvest equivalent amounts through a trustee, custodian or otherwise;
and, may enter such agreements with banks, financial institutions or
other parties at it may deem appropriate for such purposes. All costs and
expenses incurred by the Employer in connection with such investments shall
be paid pro-rata from among the invested funds. The Employer shall have all
the powers with respect to such invested funds as it may from time to time
- 6 4-
possess with respect to its other funds. Neither the Employer, the Plan
Administrator, nor their respective agents shall incur any liability to
any Participant, Beneficiary or other party with respect to the investment
of, or return on, any funds to which the Participant or any Beneficiary
may at any time become entitled.
3.3 Administration by Employer: This Plan shall be administered
by the Plan Administrator who shall prescribe such fo=s and adopt such
rules and regulations as are necessary to carry out the purposes hereof.
The Employer may employ investment counsel to provide advice concerning
categories of investment, investment guidelines and investment policy.
However, the advise or recommendations of any such investment colmsel
shall not be binding on the Employer.
The Employer may designate an independent contractor to
coordinate the Plan and perform administrative services under the
direction of the Plan Administrator. Notwithstanding any other provisions
to the contrary, the Plan Administrator shall be solely responsible to
the Employer for any and all services performed by a subcontractor,
assignee, or designee under this agreement. Further, no Employee of the
Employer acting as Plan Administrator shall be entitled to make decisions
solely with regard to his or her own participation.
3.4 Reporting: From time to time, not less often then annually,
the Plan Administrator shall provide each Participant or Beneficiary an
accounting of his Benefit Amount, and shall provide such information to
the Employer for all Participants.
3.5 Assignment and Alienation: No Participant or Beneficiary
shall assign or alienate any benefit available under this Plan.
ARTICLE IV
BENEFITS
4.1 Choice of Benefits: Prior to the earliest date the
Participant separates from the Employer's service by retirement
(including disability retirement), death or otherwise, he shall elect,
from among the options offered by the Plan Administrator, the manner
in which Benefit Amounts shall be paid. Such election shall be made on
forms provided by the Plan Administrator for that purpose.
- 6 5-
If the Participant fails to elect a payout option prior to
the earliest date that he or she may receive benefits payable under the
Plan, the benefits shall be paid over a period of five (5) years in
equal annual installments commencing on the earliest date the Participant
separates from the Employer's service by retirement (including disability
retirement), death or otherwise. Commencing no earlier than the date of
such separation from service, and commencing no later than thirty (30)
days from such date, or on a date certain which is elected by the
Participant and is ascertainable with reference to the date of separation
from service, the Employer shall pay the Benefit Amount to the Participant
or his Beneficiary in accordance with such election.
Benefit Amounts payable pursuant to this Section shall be paid
(1) over the life of the Participant, (2) over the lives of the
Participant and the Participant's spouse, (3) within a period certain
not extending beyond the life expectancy of the Participant, or (4)
within a period certain not extending beyond the joint life and last
survivor expectancy of the Participant and the Participant's spouse.
In the event payments are to be made to a Participant's Beneficiary
upon the Participant's death and in the further event that the Participant
dies before the entire Benefit Amount is paid to such Participant, (or
if payment has corrmenced to the Participant's surviving spouse and such
surviving spouse dies before the entire amount i@ paid to such spouse)
the entire Benefit Amount or that amount remaining unpaid at the
Participant's death, (or the death of the surviving spouse when available)
shall be paid to such Beneficiary within five (5) years.
Beginning with the later of the taxable year in which the
Participant attains age 701/2 or the taxable year in which benefits actually
commence, the amount to be paid each year may not be less than the lesser
of (1) the balance of the Benefit Amount, or (2) an amount equal to the
quotient obtained by dividing the balance of the Benefit Amount at the
beginning of the year by the life expectancy of the Participant (or the
joint life and last survivor expectancy of the Participant and the
Participant's spouse), determined as of the date the Participant attains
age 70 and reduced by one for each taxable year commencing after the
- 6 6 -
Participant attai-ns 701/2. The life expectancy of the Participant or
the joint life and last survivor expectancy of the Participant and spouse
shall not exceed the period computed by use of the expected return
multiples in Treas. Reg. Section 1.72-9, as amended, or, in the case of
payments under a contract issued by an insurance company, the period
computed by use of the mortality tables of the Company.
Notwithstanding anything in this Article to the contrary, if
at the time a Participant for any reason ceases to be an Employee of
the Employer and the value of the Participant's Account is less than
$1,000.00, the Employer shall effect a lump sum payment to the Participant
or to the Beneficiary of a deceased Participant in lieu of any other
payout option that may have been selected by the Participant.
4.2 Unforeseeable Emergency: Notwithstanding any provisions
of Section 4.1 to the contrary, in the event a Participant is faced with
an Unforeseeable Emergency, he may, under procedures established by
the Plan Administrator, apply to withdraw from the Plan such amounts as the
Plan Administrator determines are reasonably necessary to satisfy such
emergency needs. If the application for withdrawal is approved by the
Plan Administrator, the withdrawal shall be effected within sixty (60)
days following such approval.
ARTICLE V
AMENDMENT; TERMINATION; NO RIGHT OF EMPLOYMENT
5.1 The Employer reserves the right to amend or terminate this
Plan at any time, provided that no such amendment or termination shall
reduce, suspend or terminate the Benefit Amount otherwise payable to a
Participant or Beneficiary hereunder as of the date of such amendment
or termination. Participation in the Plan shall not give any Employee the
right to be retained by the Employer, or any right or interest whatever
other than as provided in this Plan.
ARTICLE VI
FOREFEITURE
6.1 In the event the Plan Administrator is unable to locate
any Participant or Beneficiary for the purpose of payment of benefits
under this Plan, and in the future event that any benefits payable toa
Participant or Beneficiary under this Plan remain unclaimed for a per 3@-od
- 6 7-
as of such date shall be forfeited. Any sums so forfeited shall be
allocated and credited by the Plan Administrator to the remaining
Participants in the Plan as of the date of forfeiture.
ARTICLE VII
MISCELIANEOUS
7.1 Effective Date: The effective date of this Pla-n shall be
February 1, 1981. Nothing contained herein shall apply to a Participant's
taxable year beginning before January 1, 1981.
7.2 Construction and Interpretation: This Plan shall be
construed and interpreted in accordance with the laws of the Commonwealth
of Virginia, except to the extent the Internal Revenue Code of 1954, as
amended, may control for purposes of eligibility.
7.3 Severability: The provisions of this Plan shall be deemed
to be severable. in the event any provision of this Plan shall be held
invalid by a court of competent jurisdiction, the surviving provisions of
this Plan shall remain valid and enforceable according to their terms.
IN WITNESS WHEREOF, the undersigned has executed this Plan
this day of 1981.
CITY OF VIRGINIA BEACH
By:
City Manager
- 6 8-
CITY OF VIRGINIA BEACH
DEFERRED COMPENSATION PLAN
PARTICIPATION AGREEMENT
Initial Agreement Amended Agreement Number
I wish to participate in the City of Virginia Beach Deferred Compensation
Plan and agree to defer a portion of my future Compensation to the extent
noted below until this Participation Agreement is amended or revoked:
Deferral: $ per Pay Period. My prior deferral, if any,
has been $ per Pay Period.
All amounts deferred under the Plan shall be invested by the City of
Virginia Beach as follows:
Future Prior
Deferrals Deferrals
Annuity Contract z %
Guaranteed Interest Fund %
Common Stock Fund %
I designate myself as Beneficiary under the Plan. In the event of my
death prior to receiving any benefit to which I am entitled, I designate
the following person(s) as my Beneficiary(ies) under the Plan in the
following order of priorities:
1 .
2.
3.
Special Instructions
- 6 9-
ITEM II-I.l.b ITEM #16436
Upon motion by Councilman Ervin, seconded by Councilman Baum, City
Council voted to uphold the recommendation of the City Manager and
ADOPT the Ordinance to amend and reordain Section 32-7 of the Code
of the City of Virginia Beach, Virginia, pertaining to the Sale of
Merchandise From Stands.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, Vice Mayor Harold Heischober,
Barbara M. Henley, Clar@nce 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, Patrick L. Standiiig
Council Members Voting Nay:
None
Council Members Absent:
None
- 70-
AN ORDINANCE TO AMEND AND REORDAIN
SECTION 32-7 OF THE CODE OF THE CITY
OF VIRGINIA BEACH, VIRGINIA, PERTAINING
TO THE SALE OF MERCHANDISE FROM STANDS
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA:
That Section 32-7 of the Code of the City of Virginia Beach,
Virginia, is hereby amended and reordained to read as follows:
Section 32-7. Sale of merchandise from stands.
It shall be unlawful for any person to occupy or use any
part of the streets or public places of the City as a stand for the
sale of trinkets, wares, merchandise, patent medicines, &r-other
flowers, articles
used for food or other articles, unless the otherwise lawful sale of
goods and wares is permitted by other Sections of this Code. The
Commissioner of the Revenue shall issue no license therefor.
The provisions of this Ordinance shall not apply to sales
at the Virginia Beach Farmers Market.
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 Twenty-Third day of March, 1981.
- 7 1 -
ITEM II-I.l.c ITEM #16437
Upon motion by Vice Mayor Heischober, seconded by Councilman Standing,
City Council voted to uphold the recommendation of the City Manager and
ADOPT the Ordinance to amend and reordain Section 32-9 of the Code of
the City of Virginia Beach, Virginia, pertaining to the sale of goods,
wares, flowers or articles of food on City streets.
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, Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
None
- 7 2-
AN ORDINANCE TO AMEND AND REORDAIN
SECTION 32-9 OF THE CODE OF THE CITY
OF VIRGINIA BEACH, VIRGINIA, PERTAINING
TO THE SALE OF GOODS, WARES, FLOWERS OR
ARTICLES OF FOOD ON CITY,STREETS
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA:
That Section 32-9 of the Code of the City of Virginia Beach,
Virginia, is hereby amended and reordained as follows:
Section 32-9. Sale of goods, wares, flowers or articles of food on
streets.
The sale of goods, wares, flowers or articles of food on any
street, by any person or from any motor vehicle, trailer, cart, dray, wagon,
pushcart or any hand or peddle-propelled vehicle for longer than fifteen
[151 minutes in the same block on any given day is prohibited.
For purposes of this Section only, "sale" shall be def ined as
the advertising, displaying, offering or exchanging for value of goods,
wares, flowers or articles of food.
It shall be unlawful to park, on any street, any vehicle from
which any of the aforesaid items are being sold in a business district as
defined in Section 22-2 of the City Code.
The provisions of this Ordinance shall not apply to sales
at the Virginia Beach Farmers Market.
Violation of this Section shall constitute a Class II
Misdemeanor.
This Ordinance shall be effective on and after date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia,
on the Twenty-Third day of March, 1981.
7 3-
A P P R 0 P R I A T I 0 N S F I R S T R E A D I N G S
ITEM II-I.2.a ITEM #16438
Upon motion by Councilman Standing, seconded by Councilwoman Oberndorf,
City Council voted to uphold the recommendation of the City Manager and
ADOPT ON FIRST READING the Ordinance to accept and appropriate $305,000
for the implementation of a Demonstration Pavement Marking Program.
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, Patrick L. standing
Council Members Voting Nay:
None
Council Members Absent:
None
- 74-
AN ORDINANCE TO ACCEPT AND APPROPRIATE
$305,000 FOR THE IMPLEMENTATION OF A
DEMONSTRATION PAVEMENT MARKING PROGRAM
WHEREAS, the City of Virginia Beach wishes to improve the
safety of its streets, highways, and schools, railroad, and pedestrian
crossings; and,
WHEREAS, the Virginia Department of Highways and Transportation
(VDHT) has approved necessary funding for implementing a program to
realize this objective.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA:
THAT the City Manager is hereby authorized to accept this
funding for the City, and funds are hereby appropriated for the
following purpose:
Estimated Revenue Total
from Other Agencies Appropriations
Demonstration Pavement Marking
Program $305,000 $305,000
THAT the appropriations will be financed by $305,000 estimated
revenue from the VDHT, with no local match required.
FIRST READING: 23 March 1981
SECOND READING:
Adopted by the Council of the City of Virginia Beach, Virginia,
on the day of 1981.
7 5-
ITEM II-I.2.b ITEM #16439
Upon motion by Councilman Standing, seconded by Vice Mayor Heischober,
City Council voted to uphold the recommendation of the City Manager and
ADOPT ON FIRST READING the Ordinance to set @alaries of Council Members
at $8,000 per annum and $10,000 per annum for the Mayor, effective
April 1, 1981; and, transfer funds of $8,500 within the Municipal Council
Budget for this salary adjustment from April 1, 1981, through June 30,
1981.
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. E. Kitchin,
III, Reba S. McClanan, Mayor J. Henry McCoy, Jr., D.D.S.,
Meyera E. Oberndorf, and Patrick L. Standing
Council Members Voting Nay:
Donald W. Merrick
Council Members Absent:
None
7 6 -
AN ORDINANCE TO SET SALARIES OF
COUNCIL MEMBERS AT $8,000 PER ANNUM
AND $10,000 PER ANNUM FOR THE MAYOR
EFFECTIVE APRIL 1, 1981, AND TRANSFER
FTJNDS OF $8, 500 WITHIN THE MUNICIPAL
COUNCIL BUDGET FOR THIS SALARY ADJUSTMENT
FROM APRIL 1, 1981, THROUGH JUNE 30, 1981
WHEREAS, in the 1981 Session of the General Assembly, Section
3.04 of the Charter of the City of Virgi-nia Beach was amended to raise
the maximum salary of Council Members to $8,000 per annum and $10,000
per annum for the Mayor; and,
WHEREAS, an increase in City Council salaries to these limits
effective April 1, 1981, will require in the Municipal Council Budget
additional funds of $8,500 for personal services for the remainder of
the 1981 Fiscal Year; and,
WHEREAS, funds are available by transfer within the Municipal
Council Budget.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH that effective April 1, 1981, salaries of Council
Members be set at $8,000 per annum and $10,000 per annum for the Mayor
and that funds of $8,500 be transferred within the Municipal Council
Budget from Contractual Services to Personal Services to cover this
additional salary expense for the remainder of the 1981 Fiscal Year.
This Ordinance shall be effective from date of adoption.
FIRST READING: 23 March 1981
SECOND READING:
Adopted by the Council of the City of Virginia Beach, Virginia,
on the day of 1981
- 7 7-
ITEM II-I.2.c ITEM #16440
Upon motion by Councilman Ervin, seconded by Vice Mayor Heischober, City
Council voted to uphold the recommendation of the City Manager and ADOPT
ON FIRST READING the CORRECTED Ordinance to authorize the City Manager to
enter inio contracts with the Southeastern Tidewater Area Manpower
Authority to continue the City's CETA employment programs, and to
appropriate these funds, in the amount of $110,485.00.
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, Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
None
- 7 8-
ORDINANCE TO AUTHORIZE THE CITY MANAGER
TO ENTER INTO CONTRACTS WITH THE
SOUTHEASTERN TLDEWATER AREA MANPOWER
AUTHORITY TO CONTINUE THE CITY'S CETA
EMPLOYMENT PROGRAMS, AND TO APPROPRIATE
THESE FUNDS
WHEREAS, the City wishes to continue its CETA Employment
Programs under the Comprehensive Employment and Training Act of
1973 (CETA); and,
WHEREAS, the Southeastern Tidewater Area Manpower Authority
(STAMA) has issued new contract modifications to continue funding the
City's CETA Programs with funds from the U. S. Department of Labor
(DOL).
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA:
THAT the City Manager is hereby authorized to enter into
contracts with STAMA in the amount of $110,485.00, and these funds
are hereby appropriated for the purpose of funding the City's CETA
Programs in January, 1981; and,
THAT the appropriations be financed 100% by Federal funds
from DOL thru STAMA, with no local match required; and,
This Ordinance shall become effective upon date of adoption.
FIRST READING: 23 March 1981
SECOND READING:
Adopted by the Council of the City of Virginia Beach, Virginia,
on.the day of 1981.
- 7 9-
ITEM 11-I.2.d ITEM #16441
The following appeared in opposition to the proposed Ordinance:
Reverend Rudolph Lewis, Pastor, Newlight Baptist Church
Mrs. Beverly Woodhouse, 448 North Oceana Boulevard,
representing the Virginia Beach Branch of the NAACP
Nathaniel Tucker
Robert B. Wilson, President, United Civic League
Mrs. Greene
Upon motion by Councilman Standing, seconded by Councilman Holland, City
Council voted to uphold the recommendation of the City Manager and ADOPT
ON FIRST READING the Ordinance to transfer appropriations of $505,705
within the Community Development Program for Emergency Production Wells.
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, Patrick L. Standing
Cot@ncil Members Voting Nay:
None
Council Members Absent:
None
- 80 -
AN ORDINANCE TO TRANSFER APPROPRIATIONS
OF $505,705 WITHIN THE COMMUNITY DEVELOP-
MENT PROGRAM FOR EMERGENCY PRODUCTION
WELLS
WHEREAS, an emergency water shortage exists within the City
of Virginia Beach; and,
WHEREAS, funds of $505,705 are available from various projects
under the Community Development Program due to lower than estimated
contract amounts and reallocation of existing funds; and,
WHEREAS, the allocation of funds to drill emergency wells
will not eliminate any existing Community Development project.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINTA:
That funds of $505,705 be transferred from projects within
the Community Development Capital Project Fund for emergency production
wells as follows:
Program Year Reallocation Amount
2nd year $ 53,782
4th year 88,000
5th year 207,474
6th year 156,449
Total $505,705
This Ordinance shall be effective from date of adoption.
FIRST READING: 23 March 1981
SECOND READING:
Adopted by the Council of the City of Virginia Beach, Virginia
on the day of -1 1981.
- 81-
ITEM 11-I.2.e ITEM #16442
Upon motion by Councilman Ervin, seconded by Mayor McCoy, City Council
voted to uphold the recommendation of the City Manager and ADOPT ON
FIRST READING the Ordinance authorizing the issuance of Public
Improvement Bonds of the City of Virginia Beach, Virginia, in the amount
of $17,000,000.00.
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, Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
None
*COUNCILWOMAN McCLANAN VOTED TO APPROVE THE ORDINANCE EXCEPTING THE FOLLOWING:
Municipal Complex, Page 4 $1200 per parking space
Pavilion Parking Lot, Page 4 $2389 per parking space
3-826. cost of total project, etc., Page 5
3-933, Page 6 - Landfill
3- 9 3 5 ,Page 6 - Trc)lley Garage and Office
3-938, Page 7 - Health Department Renovation
Refuse Transfer Station - Page 7
.Reference: Sumary of proposed 1981 Charter Bond Issue
8 2-
AN ORDINANCE AUTHORIZING THE ISSUANCE
OF PTJBLIC IMPROVEMENT BONDS OF THE CITY
OF VIRGINTA BEACH, VIRGINIA, IN THE
MAXIMUM AMOUNT OF $17,000,000
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINTA:
1. It is hereby determined to be necessary and expedient
for the City of Virginia Beach to construct and improve various public
facilities and improvements, all of which will promote the development
and public welfare of the City, and to borrow money for such purposes
and issue the City's General Obligation Bonds therefor.
2. Pursuant to the authority of the Charter of the City of
Virginia Beach (Ch. 147, Acts of Assembly of 1962, as amended), and
the Public Finance Act, as amended, there are hereby authorized to be
issued Public Improvement Bonds of the City of Virginia Beach in the
maximum amount of SEVENTEEN MILLION DOLI-ARS ($17,000,000), to provide
funds, together with other funds that may be available, for the following
purposes:
School projects, including planning, site
acquisition and improvement, construction,
enlargement, renovation and equipping of
schools and related facilities $6,780,000
Engineering and highway projects, including
right-of-way acquisition, improvement and
extension of streets and highways, studies,
design and construction of drainage systems
and related facilities and planning, site
acquisition and construction of surface
parking facilities 5,032,035
Building projects, including planning, site
acquisition and inprovement, construction,
enlargement, renovation and equipping of
various municipal buildings and facilities,
including Circuit Court Clerk's Office, City
Garage, Fire Station, Central Library, Marine
Science Museum, Visitors' Information Center,
Health Department, Landfill expansion and
Refuse Transfer Station 4,937,965
Parks and Recreation projects, including
planning, site acquisition and development
of new parks 50,000
Water utility project for drilling emergency
wells 200,000-
TOTAL $17,000,000
- 8 3-
Any amount not needed for any of such purposes may be used for any other
such purpose.
3. The Bonds shall bear such date or dates, mature at such
time or times not exceeding forty years from the3'-r dates, bear interest
at such rate or rates not exceeding the maximum rate permitted by law at
the time the Bonds are sold, be in such denominations and form, be
executed in such manner and be sold at such time or times and in such
manner, including the sale of the same as one or more separate issues or
in combinatio-n with the sale of General Obligation Bonds heretofore or
hereafter authorized for similar or other purposes, as the Council shall
hereafter provide by appropriate Resolution or Resolutions.
4. The Bonds shall be General Obligation of the City of
Virginia Beach for the payment of principal of and interest on which
its full faith and credit shall be irrevocably pledged.
5. This Ordinance shall take effect immediately.
Approved this 6th day of April, 1981
Mayor
FIRST READING: 23 March 1981
SECOND READING:
JDB/da
3/11/81
(Al)
- 84-
ITEM II-H.8 ITEM #16443
Upon motion by Councilman Ervin, seconded by Councilman Standing, City
Council voted to uphold the recommendation of the City Manager and DENY
the request of Wilbur Whitehead for a waiver of the requirement of
standard right-of-way improvements along Oceana Boulevard.
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, Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
None
- 8 5-
ITEM II-I.3.a ITEM #16444
VICE MAYOR HEISCHOBER LEFT COUNCIL CHAMBERS
Upon motion by Councilman Holland, seconded by Councilwoman Oberndorf,
City Council voted to uphold the recommendation of the City Manager and
ADOPT the Ordinance creating the Virginia Beach Advisory Erosion Commission:
establishing the duties, meetings and appointing members.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, Barbara M. Henley, Clarence A.
Holland, M.D., W. H. Kitchin, III, Reba S. McClanan, Mayor
J. Henry McCoy, Jr., D.D.S., Donald W. Merrick, Meyera E.
Oberndorf, and Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
Vice Mayor Harold Heischober
- 86-
AN ORDINANCE CREATING THE VIRGINIA
BEACH ADVISORY EROSION COMMISSION:
ESTABLISHING THE DUTIES, MEETINGS
AND APPOINTING MEMBERS
WHEREAS, the Virqinia General Assembly has enacted the
Public Beach Conservation and Development Act which makes funds
available to jurisdictions within the Commonwealth, which have
public beaches, for the purpose of conserving, protecting,
improvinq, maintaining and developing public beaches for the
benefit, use and enjoyment of the citizens of the Commonwealth;-
and
WHEREAS, the City of Virginia Beach has a need to
protect and enhance the public beaches within the City; and
WHEREAS, to qualify under the aforesaid Act of the
General Assembly, localities must establish local erosion
advisory Commissions.
NOW, THEREFORE, RE IT ORDAINED BY THE COUNCIL OF THE
CI-,Y OF VIRGINIA BEACH, VIRGINIA:
1. That there is hereby established the City of
Virqinia Beach Erosion Advisory Commission as required under
Section 10-222, Code of Virqinia, as amended.
2. That the Commission shall be coinposed of at least
five (5) members appointed by the City Council. The members
shall be appointed for a term of four (4) years. All terms shall
beqin April 1, 1981. A Chairman shall be selected by the members
from the membership. Vacancies on the Commission shall be filled
by the Council within sixty (60) days of such vacancies.
3. That it shall be the duty of the Commission to
determine local erosion problems with respect to the
conservation, protection, improvement, maintenance and
development of public beaches within the City and suqqest erosion
control strateqies for the future, and assess proqram
implementation.
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4. That the Commission shall qive an annual report to
the City Council prior to or no later than April 1 concerninq
local erosion problems, suggest erosion control strategies for
the future and assess program implementation.
Adopted by the Council of the City of Virginia Beach,
Virqinia this -23rd day of March 1981
JAR:re
3/6/81 (A)
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A P P 0 I N T M E N T S
ITEM II-J.1 ITEM #16445
COUNCILMAN STANDING LEFT COUNCIL CHAMBERS
Mr. Jerry Shulman, representing the Ocean Park Civic League, appeared
before Council requesting they act on the urgent problem of beach erosion
in the Ocean Park area, and advised that the City Engineer's office did
survey the shoreline in 1977 and 1980 which showed that in 21/2 years there
was a "dune base loss".
ITEM II-J.2 ITEM #16446
Upon motion by Councilman Ervin, seconded by Councilman Merrick, City
Council voted to APPOINT the five [51 current members of the Virginia
Beach Erosion Commission; AND, Doctor Jerry Shulman, to the Virginia
Beach Advisory Erosion Commission for terms of four [4] years,
beginning April 1, 1981, ending March 31, 1985.
W. H. Kitchin, Jr. William T. Patton
Mrs. Shirley Sudduth Scott Sterling
Tazewell Hubbard Doctor Jerry Shulman
Voting: 8-0
Council Members Voting Aye:
John A. Bauni, F. Reid Ervin, Barbara M. Henley, Clarence A.
Holland, M.D. , Reba S. McClanan, Mayor J. Henry McCoy, Jr. ,
D.D.S., Donald W. Merrick, and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Abstaining:
W. H. Kitchin, III
Council Members Absent:
Vice Mayor Harold Heischober, and Patrick L. Standing
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ITEM II-J.3 ITEM #16447
Upon motion by Councilman Holland, seconded by Councilwoman Oberndorf,
City Council voted to APPOINT Mr. Clyde Siler to the Eastern Virginia
Health Systems Agency for a term of three [3] years, beginning 1 July
1981 and ending June 30, 1984.
Vot ing : 9-0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, Barbara M. Henley, Clarence A.
Holland, M.D., W. H. Kitchin, III, Reba S. McClanan, Mayor
J. Henry McCoy, Jr., D.D.S., Donald W. Merrick, and Meyera
E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Vice Mayor Harold Heischober, and Patrick L. Standing
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ITEM ii-i.4 ITEM #16448
Upon motion- by Councilman Merrick, seconded by Councilman Holland, City
Council voted to APPOINT the following to the Public Library Board:
William P. Oberndorfer - three [3] year term, beginning
April 1, 1981, ending March 31,
1984
Mrs. Joy Hatfield - fill the unexpired term of Mrs. Ann
(nominated by Council- Pollock, ending March 31, 1982.
woman Oberndorf)
Voting: 9-0
Council Members Voting Aye:
John A. Baum, F. Reid Erviri, 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, and Meyera
E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Vice Mayor Harold Heischober, and Patrick L. Standing
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ITEM II-J.5 ITEM #16449
Upon motiorr by Councilman Holland, seconded by Councilman Merrick, City
Council voted to expand the membership of the Virginia Beach Community
Services Board and APPOINT the following for terms ending 31 December
1 98 3 :
Franklin H. Friend Sharon Diane Martin
Norman Wilde
(nominated by Councilwoman Henley)
Voting: 9- 0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, Barbara M. Henley, Clarence A.
Holland, M.D., W. H. Kitchin, III, Reba S. McClanan, Mayor
J. Henry McCoy, Jr., D.D.S., Donald W. Merrick, and Meyera
E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Vice Mayor Harold Heischober, and Patrick L. Standing
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A D J 0 U R N M E N T
ITEM II-M.1 ITEM #r6453
Upon motion by Councilman Holland, the meeting adjourned at 11:29 p.m.
Diane M. Hickman, Deputy City Clerk
Ruth Hodges 5mith, City Clerk Jr fTL. S.
City of Virginia Beach,
Virginia
23 March 1981
dmh/wb
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