HomeMy WebLinkAboutAPRIL 6, 1981 MINUTES
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"WORLD'S LARGEST RESORT CITY.,
CITY COUNCIL
MAYOR J. HENRY /4@OY JR.. D.D.S.. a ... b
VICE.AIAYOR HAROLD liSISCHOBER. A, L.,g.
JOHN A. BAUM, B.-gb
F. REID ERVIN, A, L.,,. 4
BARBARA M. HENLEY. P..,. B-,b
CLARENCE A. HOLLAND. ALD., iky.id. B.-gb
W. H. KITCHIM. lit. Vili.i. B-,b B.-,b
REBA S. M,CLANAN. P,@.,-. A-. B.-eb
DONALD W. MERRICK, Ly-b..- B...gb
MEYERA E. OBERNOORF. At L.,,. 212 CtrY HALL BUILDINC
PATRiCK L. STANDINR. A, L.,,. MUNICIPAL CENTER
RUTH BODCES SMIT)I, Ci,y Ci.,k VIRCINIA BEACH, VIRGINIA 23456
(804) 427-4303
CITY COUNCIL AGENDA
April 6, 1981
ITEM I INFORMAL SESSION 12:30 p.m.
A. CALL TO ORDER - MAYOR J. HENRY McCOY, JR.
B. ROLL CALL OF COUNCIL
C. MOTION TO RECESS INTO INFORMAL/EXECUTIVE SESSION
D. PRESENTATION/DISCUSSION OF PERTINENT MATTERS
1. Matters for discussion by Mayor
2. Matters for discussion by Council
3. Encroachments at North Virginia Beach: Discussion and
presentation by Mr. Donald Trueblood, City Engineer.
4. Nearshore Sediment Transport Study: Discussion.
5. Borrow Pits: Discussion.
ITEM II FORMAL SESSION 2:00 p.m.
A. INVOCATION: Reverend David B. Lewis
First United Methodist Church
B. PLEDGE OF ALLEGIANCE TO THE FLAG OF TEE UNITED STATES OF
AMERICA
C. ELECTRONIC ROLL CALL OF COUNCIL
ITEM II D. MINUTES OF PREVIOUS MEETINGS:
1. Motion to accept/approve the Minutes of March 23, 1981.
E. RESOLUTIONS
1. Military Appreciation Month/Armed Forces Day
a. Oceana Naval Air Station
b. Little Creek Amphibious Base
C. Fleet Combat Training Center Dam Neck
d. Fort Story
2. Resolution authorizing the City Manager to amend the
Community Development Housing Assistance Plan new
construction/rehabilitation goals and assisted-housing
location policy, seventh year program.
3. Resolution receiving the report of the Water Study
Task Force.
F. PUBLIC HEARING
1. Public Hearing on a proposed ordinance authorizing the
construction of a storm water sewer from a point in the
northwest quadrant of the intersection of Alcott Road
and King Richard Drive to a terminus point in the
southern right-of-way line of Johnson Street, Subdivision
of King's Point, in the City of Virginia Beach and the
abutting landowners.
G. CONSENT AGENDA
All matters listed under the Consent Agenda are considered
to be routine by the City Council and will be enacted by
one motion in the form listed. There will be no separate
discussion of these items. If discussion is desired, that
item will be removed from the Consent Agenda and considered
separately.
1. An Ordinance to amend and reordain Article II Water
Safety Provisions, Section 6-33 Subsection (c) of the
Code of the City of Virginia Beach pertaining to where
surfing is permitted.
2. Bingo/Raffle permits:
Sandbridge Fire
Brigade, Inc. Bingo
The Society for Life
and Education Fund, Inc.
Tidewater Chapter Raffle
Kellam Knights Booster Club Raffle
Thoroughgood PTA Raffle
EOD Officers' Wives Club Raffle
FOP Ladies' Auxiliary Raffle
Trinity Church in Green Run Raffle
ITEM II G. CONSENT AGENDA (Continued)
3. Request of the City Treasurer for tax refunds in the
amount of $1,077.75.
4. An Ordinance, on second reading, to accept and
appropriate $305,000 for the implementation of a
demonstration pavement marking program.
5. An Ordinance, on second 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.
6. An Ordinance, on second reading, to authorize the City
Manager to enter into contracts with the Southeastern
Tidewater Area Manpower Authority to continue the
City's CETA employment programs, and to appropriate
these funds, ($110,485.).
7. An Ordinance, on second reading, to transfer appro-
priations of $505,705 within the Community Development
Program for emergency production wells.
8. An Ordinance, on second reading, authorizing the
issuance of Public Improvement Bonds of the City of
Virginia Beach, Virginia, in the maximum amount of
$17,000,000.
H. PLANNING ITEMS
1. Application of Lena Coburn, 3141 West Gibbs Road,
Virginia Beach, Virginia, (in accordance with Chapter
35, Article II, Section 35-4(f) of the Code of the
City of Virginia Beach), for a FREE-STANDING MOBILE
HOME for a two (2) year period.
2. Application of Sanford and Charles, Inc. for a
conditional use permit for an automobile service
station on a .65-acre parcel located at the southwest
corner of Birdneck Road and Virginia Beach Boulevard
(Lynnhaven Borough).
a. Letter from the City Manager transmits the
recommendation of the Planning Commission for
approval.
I. ORDINANCES
1. General
a. An Ordinance authorizing the construction of a storm
water sewer from a point in the northwest quadrant of
the intersection of Alcott Road and King Richard Drive
to a terminus point in the southern right-of-way line
of Johnson Street, Subdivision of King's Point, in the
City of Virginia geach, the cost thereof to be appor-
tioned between the City of Virginia Beach and the
abutting landowners, providing funds thereof pending
ascertainment and apportionment of the cost thereof,
and directing that an abstract of this Ordinance be
recorded showing the estimated amount that will be
assessed against each such landowner.
ITEM II I. ORDINANCES (Continued)
1. General (Continued)
b. An Ordinance to authorize a temporary encroachment
into a portion of the right-of-way of Ocean Avenue
to S. Archer Green, his heirs, assigns and succes-
sors in title. (Deferred for 30 days on March 2, 1981)
c. An Ordinance to authorize a temporary encroachment
into a portion of the right-of-way of Greenwell
Road to Bayville Park and Gardens Civic League.
2. First Readings
a. An Ordinance, on first reading, to authorize the
City Manager to accept a grant from the United
States Department of Agriculture (USDA), and to
appropriate these funds, ($11,082).
3. Low Bids
a. Low bid of M. E. Wilkins, Inc. in the amount of
$403,921.30 for the Cape Henry Shores, Phase 1,
Contract I project, and authorize the City Manager
to enter into the necessary agreements for the
implementation of this project. Funds are available.
b. Low bid of Van de Riet Construction Company in the
amount of $127,000.00 for the Cape Henry Shores,
Phase I, Contract II project, and authorize the
City Manager to enter into the necessary agreements
for the implementation of this project. Funds are
available.
J. APPOINTMENTS
1. Community Services Board
2. Historical Review Board
3. Citizen Advisory Board
K. UNFINISHED BUSINESS
1. Lakeside Construction Corporation borrow pit
(Operation suspended: 3/23/81)
L. NEW BUSINESS
1. "One Nation Under God"
M. ADJOURNMENT
1. Motion to adjourn.
M I N U T E S
VIRGINIA BEACH CITY COUNCTL
Virginia Beach, Virginia
6 April 1981
The Regular Meeting of the Council of the City of Virginia Beach, Virginia,
was called to order by Mayor J. Henry McCoy, Jr., in the Conference Room,
City Hall Building, on Monday, 6 April 1981, at Twelve-Thirty in the
afternoon.
Council Members Present:
Jolin A. Baun, Vice @yor Harold Heischober, Barbara M. Henley,
Clarence A. Holland, M.D., Reba S. McClanan, @yor J. Henry
@Coy, Jr., D.D.S., @yera E. Oberndorf, Patrick L. Standing
Council Members Absent:
F. Reid Ervin*, W. H. Kitchin, III*, and Dmald W. @rrir-k*
ITEM #16457
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 errployment, assigmnent, appoin@t,
prcrmtion, demtion, salaries, discipline or resigmtion of public
officers, appointees or envloyees of any public body. (Personnel
@tters).
2. Ccnsultation with legal Counsel and briefing by staff rs,
consultants, or attorneys pertaining to actual or potential litigatim,
or other legal uatters within the jurisdictim of the public body.
(Legal Matters).
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Upon motion by Councilman Standing, seconded by Councilman Holland, City
Council voted to recess into EXECUTIVE SESSION following the INFORMAL
SESSION. -
Voting: 8-0
Council Members Voting Aye:
John A. Bau-n, Vice @yor Harold Heischober, Barbara M. Hen]-ey,
Clarence A. Holland, M.D., Reba S. McClanm, @yor J. Henry
@Coy, Jr., D.D.S., @yera E. Oberndorf, Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
F. Reid Ervin, W. H. Kitchin, III, and Donald W. Yierrick
*COUNCILMAN EGVIN ENTERED MEETING AT 12:31 p.m.
*COUNCILMAN MERRICK ENTERED MEETING AT 12:31 p.m.
*COUNCILMA,N KITCHIN ENTERED MEETING AT 12:33 p.m.
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M A T T E R S B Y T H E M A Y 0 R
PUBLIC HEARING ITEM #16458
Mayor McCoy was requested by the Chairman of the PTA, and the Chairman
of the School Board to hold the Public Hearing of May 4, 1981, (Budget)
at the Pavilion.
INNKEEPERS-ATLANTIC AVENUE ITEM #16459
Mayor McCoy advised Council of a letter he received from Mel Koch,
Chairman of the Innkeepers Association, regarding conditions on
Atlantic Avenue.
Mayor McCoy requested an INFORMAL BRIEFING SESSION for further
discussion on the matter.
HOUSING AND URBAN DEVELOPMENT ITEM #16460
Mayor McCoy asked the City Attorney for a letter from HUD concerning
Community Development Funds.
The City Attorney advised Council that the statement of HUD's position
should be forth coming on the City's teletype.
J. C. RUSSELL, SR. ITEM #16461
Mayor McCoy advised Council of a letter the City Clerk received from
Mr. J. C. Russell, Jr., Contractor, who wished to discuss with Council
the moratorium on new water meters.
BOARDS AND COMMISSIONS ITEM #16462
Mayor McCoy advised Council that several Boards or Commissions should be
dissolved:
Ad Hoc Highway Review Committee
Freedom of Information Act Study Committee
Mayor's Complete Count Committee
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M A T T E R S B Y C 0 U N C I L M E M B E R S
COUNCIL MINUTES ITEM #16463
Councilwoman Henley requested she receive a complete set of minutes,
including all Resolutions and Ordinances.
The City Clerk advised she will see that Councilwoman Henley receives
the complete set of minutes in the future.
RESOLUTION-BOND PACKAGE ITEM #16464
Councilwoman Oberndorf requested information from the City Attorney
concerning the voting on Bond packages.
I N F 0 R M A L S E S S I 0 N
ENCROACHMENTS-NORTH VIRGINIA BEACH ITEM #16465
Mr. Donald Trueblood, City Engineer, presented a report to Council on
Encroachments at the North End of Virginia Beach.
NEARSHORE SEDIMENT TRANSPORT STUDY ITEM #16466
@ . Donald Trueblood, City Engineer, presented a report to Council on
the Nearshore Sediment Transport Study, and advised that Rudee Inlet
and Croatan Beach have been selected for this experiment which involves
the measurement of waves, currents and sand motion. Wave data will be
transmitted to Scripps Institute. This experiment is funded by the
National Oceanographic and Atmosphere Administration (NOAA).
A copy of the report has been made a part of these proceedings.
BORROW PITS ITEM #16467
The City Manager advised Council of two (2) reports received from the
Health Department concerning Borrow Pits.
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The first of two (2) samples taken on March 25, 1981, from the BB-80-136
Borrow Pit (Lakeside Construction Company), showed essentially no coliform
growth, which indicates that the water is free of harmful bacteria, and
no health risk is evident.
The second report is a chemical analysis drawn by the Water Control
Board on February 23, 1981, and analyzed by the Division of Consolidated
Laboratories. The water shows no heavy metal contamination and is within
acceptable limits for potable water on all measured parameters.
A copy of the reports have been made a part of these proceedings.
City Council recessed into EXECUTIVE SESSION, (1:15 p.m.)
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F 0 R M A L S E S S I 0 N
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
6 April 1981
2:35 p.m.
Council Members Present:
Joto A. Baum, F. Reid Ervin,* Vice Mayor Harold Heischober,
Barbara M. Henley, Clare-nce A. Holland, M.D., W. H. Kitchin,
III, Reba S. Yr-Clartan, Mayor J. Benry McCoy, Jr., D.D.S,
Dcnald W. @rrick, @yera E. Oberndc)rf, Patrick L. Standing
Council Members Absent:
Ncne
INVOCATION: Reverend David B. Lewis
Pastor
First United Methodist Church
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
*COUNCILMAN ERVIN VOICED A VERBAL "AYE".
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M I N U T E S
ITEM II-D.1/2 ITEM #16468
Upon motion by Councilman Standing, seconded by Councilwoman Henley, City
Council voted to DEFER FOR ONE WEEK the Minutes of the Regular Meeting of
23 March 1981; AND, the Minutes of the Special Meeting of 1 April 1981.
Voting: 11-0
Council Members Voting Aye:
John A. Batn, F. Reid Ervin, Vice @yor Harold Heischober,
Barbara M. Henley, Clarence A. Holland, M.D. , W. H. Kitchin,
III, Reba S. @Clanan, @yor J. Henry @Coy, Jr., D.D.S.,
Donald W. @rrick,* Yjeyera E. Oberndorf, Patrick L. Standing
Council Members Voting Nay:
Ncne
Council Members Absent:
None
*COUNCILMAN MERRICK VOICED A VERBAL "AYE".
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R E S 0 L U T I 0 N S
ITEM II-E.1 ITEM #16469
R E S 0 L U T I 0 N
WHEREAS, the City of Virginia Beach has long been Home Base
for four of our Country's important military installations: OCEANA
NAVAL AIR STATION, LITTLE CREEK ANPRABIOUS BASE, FLEET COMBAT TRAINING
CENTER DAM NECK, AND FORT STORY: and,
WHEREAS, approximately 20% of Virginia Beach's residents are
in the military and another 16% are military retirees who have
established permanent residence in Virginia Beach; and,
WHEREAS, the four installations mentioned above provide
employment, both military and civilian, for over 30,000 persons, with an
approximate annual payroll of $315 Million; and,
WHEREAS, the City of Virginia Beach recognizes the importance
of the military in our City, not only for an economic aspect, but also
because of the military's contributions to our social, cultural, and
civic growth and development; and,
WHEREAS, the City of Virginia Beach would like to take a special
time to recognize the members of our military community and their leaders.
NOW, THEREFORE, BE IT RESOLVED that the Council of the City
of Virginia Beach, Virginia, joins with the Virginia Beach Chamber of
Commerce in declaring the month of May 1981, as:
MILITARY APPRECIATION MONTH
in Virginia Beach; and,
BE IT FURTHER RESOLVED that the Council declares Saturday,
May 16, 1981, as ARMED FORCES DAY at Fort Story in Virginia Beach and
urges all businesses and individuals to pay special recognition to our
military community during that time.
J. Henry McCoy, Jr., D.D.S.
Mayor
- 9-
Upon motion by Councilwoman Oberndorf, seconded by Vice Mayor Heischober,
City Council voted to ACCEPT AND ADOPT the Resolution declaring the month
of May 1981, as MILITARY APPRECIATION MONTH.
Voting: 11-0
Council Members Voting Aye:
John A. Baim, F. Reid Ervin, Vice Yjayor Harold Heischober,
Barbara M. Henley, Clarence A. Holland, M.D., W. H. Kitchin,
III, Reba S. YjcClanan, @yor J. Herxy @Coy, Jr., D@D.S.,
Donald W. @rrick,* @yera E. Oberndorf, Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
None
*COINCMM @ICK VOICED A "AYE".
-10-
ITEM II-E.2 ITEM #16470,
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 amend the Co=nunity
Development Housing Assistance Plan New Construction/Rehabilitation Goals
and Assisted-Housing Location Policy.
Voting: 11-0
Council Members Voting Aye:
Jolm A. Baun, F. Reid Ervin, Vice @yor Harold Heischober,
Barbara M. Benley, Clarence A. Holland, M.D. , W. H. Kitchin,
III, Reba S. Yr-Clanan, @yor J. Henry McCoy, Jr., D.D.S. ,
Dcnald W. @rrick, Yjeyera E. Oberndorf, Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
None
-11-
Requested by: Housing and Community Development
RESOLUTION AUTHORIZING THE CITY MANAGER TO AMEND
THE COMMUNITY DEVELOPMENT HOUSING ASSISTANCE PIAN
NEW CONSTRUCTION/REHABILITATION GOALS AND ASSISTED-
HOUSING LOCATION POLICY
WHEREAS, the amount of Section 8 New Construction funds coming
to the Southeastern region and specifically Virginia Beach has declined
since 1979; and,
WHEREAS, it is anticipated that there will be a future decrease
of federal funds for the Section 8 New Construction Program; and,
WHEREAS, Co=unity Development Rehabilitation Property Standards
have been established to meet U. S. Department of Housing and Urban
Development Quality Standards; and,
WHEREAS, e
xperience 3-n the Community Development Housing
Rehabilitation Loan/Grant Program has shown that it is a more time
consuming process to rehabilitate dwellings to meet HUD Quality Standards
than previously est .
3.Mated; and,
WHEREAS, the U. S. Department of Housing and Urban Development
has recommended that the City review its Renter and Homeowner Housing
Assistance Programs and reflect assistance which is more realistic in
accomplishing the Three Year (1979-1982) Housing Assistance Plan Program;
and,
WHEREAS, by reducing the new construction/rehabilitation goals
the City is still addressing fifteen percent of the total low and moderate
income renter and homeowner needs as required by the U. S. Department of
Housing and Urban Development; and,
WHEREAS, the present assisted housing location policy limits
the City's ability to consider elderly, handicapped, and family assisted-
housing proposals when the housing sites are located outside the areas
designated by the City as "Suitable for Assisted-Housing Development";
and,
W,HEREAS, to be consistent in its overall housing review process,
the U. S. Department of Housing and Urban Development does not review or
approve assisted-housing proposals when the housing sites are located
outside of areas designated by the City as "Suitable for Assisted-Housing
Development"; and,
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WHEREAS, the amended assisted-housing location policy will
provide the City with the flexibility of considering assisted-housing
proposals not presently reviewed or approved by t,he U. S. Department of
Housing and Urban Development; and,
WHEREAS, the amended assisted-housing location policy would
provide Virginia Beach residents with a more adequate public forum to
discuss the development of assisted-housing in the City.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
VIRGINTA BEACH, VIRGINIA, that the City Manager is hereby authorized to
take the appropriate steps necessary to amend the Community Development
Housing Assistance Plan in accordance with the provisions of this
Resolution.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the Sixth day of April 1981.
-13-
ITEM II-E.2.a ITEM #16471
Upon motion by Vice Mayor Heischober, seconded by Councilman Baum, City
Council voted to uphold the recommendation of the City Manager and ADOPT
the Resolution to apply for Community Development Block Grant Funds for
the Seventh Program Year.
Voting: 11-0
Council Members Voting Aye:
Jolm A. Baun, F. Reid Ervin, Vice @yor Harold Heischober,
Barbara M. Henley, Clarence A. Holland, M.D., W. H. Kitchin,
III, Reba S. McClanan, @yor J. Herxy @Coy, Jr., D.D.S.,
Dcnald W. Yierrick, @yera E. Oberndc)rf, Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
None
-1 4
Requested by: Housing and Co=unity Development
RESOLUTION TO APPLY FOR COMMUNITY DEVELOPMENT
BLOCK GRANT FUNDS FOR THE SEVENTH PROGRAM YEAR.
WHEREAS the United States Congress has established legislation
designated as the Housing and Community Development Act of 1974 setting
forth as a National goal the development of viable urban co=unities;
and,
WHEREAS, the United States Congress has enacted legislation
designated as the Housing and Community Development Amendments of 1980,
providing for continuing efforts in the development of viable urban
communities; and,
WHEREAS, there is Federal assistance available for the support
of Community Development and Housing activities directed toward specific
objectives such as the elimination of slums and blight; the elimination
of conditions which are detrimental to the health, safety and welfare;
the conservation and expansion of the Nation's housing stock; the
expansion and improvement of the quantity and quality of community services;
and other related activities; and,
WHEREAS, the City of Virginia Beach has developed a multi-
year Community Development Program and structured the necessary mechanisms
for implementation in compliance with Federal directives; and,
WHEREAS, the City of Virginia Beach is in the process of
implementing this Program and desires to initiate an application for
Seventh Year funding in the amount of $2,697,000.00.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VLRGINIA:
That the City Manager is hereby authorized and directed to cause
such information or materials as may be necessary to be provided to the
Department of Housing and Urban Development to permit the formulation,
-1 5-
approval, and funding of the City's Seventh Year Entitlement Grant
Application.
AND BE IT FURTHER RESOLVED, that the Council of the City of
Virginia Beach gives its assurance that the intent of the Acts will
be complied with in full.
AND BE IT FURTHER RESOLVED, that the Department of Housing
and Urban Development is respectfully requested to assist in the prompt
approval and funding of the subject program in order that the public
interest of this City may be best protected.
Adopted by the Council of the City of Virginia Beach, Virginia,
on the Sixth day of April, 1981.
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ITEM II-E.3 ITEM #16472
Mr. J. Burton Harrison, Jr., Chairman, Water Study Task Force, spoke
on this matter.
Upon motion by Councilman Baum, seconded by Councilman Standing, City
Council voted to APPROVE AND ADOPT the report of the Water Study Task
Force Committee.
Voting: 11-0
Council Members Voting Aye:
Jolm A. Baun, F. Reid Ervin, Vice Mayor Harold Heischober,
Barbara M. Henley, Clarence A. Holland, M.D., W. H. Kitchin,
III, Reba S. McClanan, Myor J. Henry @Coy, Jr., D.D.S.,
Domld W. @ick, @yera E. Oberndorf, Patrick L. Standing
Council Members Voting Nay:
Ncne
Council Members Absent:
None
-1 7-
A RESOLUTION RECEIVING THE
REPORT OF THE WATER STUDY
TASK FORCE
WHEREAS, a Water Study Task Force was appointed by the Virginia
Beach Chamber of Commerce and the Mayor of the City of Virginia Beach;
and,
WHEREAS, the said Task Force submitted a report dated 24 February
1981, to the City Council; and,
WHEREAS, such report contains a number of recommendations which
warrant consideration as viable solutions to the water resource
difficulties of Southeast Virginia.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA:
That the report is hereby approved and adopted by the City
Council. Gratitude is hereby expressed to the Members of the Water
Resource Task Force and the City Manager is hereby instructed to
forward a copy of the report to the Governor and to the Director of
Public Utilities for further study.
Adopted by the Council of the City of Virginia Beach, Virginia,
on the Sixth day of April, 1981.
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P U B L I C H E A R I N G
ITEM II-F.1 ITEM #16473
The City Clerk read the Notice of Public Hear3*-ng on a proposed Ordinance
authorizing the construction of a storm water sewer from a point in the
Northwest quadrant of the intersection of Alcott Road and King Richard
Drive to a terminus point in the Southern right-of-way line of Johnson
Street, Subdivision of King's Point, in the City of Virginia Beach, the
cost thereof to be apportioned between the City of Virginia Beach and
the abutting landowners, providing funds therefor pending ascertainment
and apportionment of the cost thereof, and directing that an abstract
of this Ordinance be recorded showing the estimated amount that will be
assessed against each such landowner.
There being no speakers, Mayor McCoy declared the Public Heari-ng closed.
ITEM II-I.l.a ITEM #16474
This item was brought forward from ORDINANCES.
Upon motion by Councilwoman McClanan, seconded by Vice Mayor Heischober,
City Council voted to uphold the recommendation of the City Manager and
ADOPT the Ordinance authorizing the construction of a storm water sewer
from a point in the Northwest quadrant of the intersection of Alcott
Road and King Richard Drive to a terminus point in the Southern right-
of-way line of Johnson Street, Subdivision of King's Point, in the City
of Virginia Beach, the cost thereof to be apportioned between the City
of Virginia Beach and the abutting landowners, providing funds therefor
pending ascertainment and apportionment of the cost thereof, and
directing that an abstract of this Ordinance be recorded showing the
estimated amount that will be assessed against each such landowner.
Voting: 11-0
Council Members Voting Aye:
John A. Baun, F. Reid Ervin, Vice Mayor Harold Heischober,
Barbara M. Henley, Clarence A. Holland, M.D., W. H. Kitchin,
III, Reba S. @Clanan, Mayor J. Henry btcoy, Jr., D.D.S.,
Dcnald W. @rrick, Myera E. Oberndorf , Patrick L. Standing
Council Members Voting Nay:
Ncne
Council Members Absent:
None
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AN ORDINANCE AUTHORIZING THE CONSTRUCTION OF A STORM
WATER SEWER FROM A POINT IN THE NORTHWEST QUADRANT
OF THE INTERSECTION OF ALCOTT ROAD AND KING RICH&RD
DRIVE TO A TERMINUS POINT IN THE SOUTHERN RIGHT-OF-WAY
OF JOHNSON STREET, SUBDIVISION OF KING'S POINT, IN
THE CITY OF VIRGINIA BEACH, THE COST THEREOF TO BE
APPORTIONED BETWEEN THE CITY OF VIRGINIA BEACH AND
THE ABUTTING LANDOWNERS, PROVIDING FUNDS THEREFOR
PENDING ASCERTAINMENT AND APPORTIONMENT OF THE COST
THEREOF, AND DIRECTING THAT AN ABSTRACT OF THIS ORDINANCE
BE RECORDED SHOWING THE ESTIMATED AMOUNT THAT WILL BE
ASSESSED AGAINST EACH SUCH LANDOWNER
WHEREAS, by Ordinance adopted on the Twenty-Third day of
February, 1981, the Council proposed the construction of a storm water
sewer, as hereinafter set forth, the cost thereof to be apportioned
between the City of Virginia Beach and the abutting landowners, as
provided by law, and directed the City Clerk to publish notice to all
abutting landowners notifying them when and where they might appear before
the Council of the City of Virginia Beach to be heard in favor of or
against the construction of the storm water sewer; and,
WHEREAS, notice was duly given by the City Clerk to the abutting
landowners, as provided by law, that a hearing would be held before the
Council of the City of Virginia Beach in the Council Chambers thereof,
City Hall Building, Virginia Beach, Virginia, on the Sixth day of
April, 1981, at Two o'clock; and,
WHEREAS, the hearing was duly held and in the judgment of
the Council the storm water sewer should be constructed.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH:
Section 1. That the construction of a storm water sewer
from a point in the Northwest quadrant of the intersection of Alcott
Road and King Richard Drive to a terminus point in the Southern right-
of-way line of Johnson Street, Subdivision of King's Point, in the City
of Virginia Beach, is hereby authorized, and the City Manager is hereby
authorized to proceed with the work.
Section 2. That the cost of constructing said storm water
sewer, when the same shall be ascertained, shall be apportioned between
the City of Virginia Beach and the.abutting landowners, and assessed
against said abutting landowners, as provided by law.
- 20-
Section 3. That pending the ascertainment and apportionment
of the cost of constructing said storm water sewer, the sum of $474,000.00
is hereby authorized to be expended therefor.
Section 4. That the City Clerk shall forthwith cause to be
recorded an abstract of this Ordinance showing the ownership and location
of the property to be affected by the proposed storm water sewer and the
estirnated amount that will be assessed against each abutting landowner,
as shown on the statement thereof on file in his/her office.
Section 5. That this Ordinance shall be in effect from and
after its adoption.
Adopted by the CoLmcil of the City of Virginia Beach, Virginia,
on the Sixth day of April 1981.
- 21-
S 0 U T H E A S T E R N P U B L I C S E R V I C E A U T H 0 R I T Y
ITEM #16475
Upo-n motion by Councilman Standing, seconded by Councilman Holland, City
Council voted to hold a Special Meeting on Tuesday, 7 April 1981, at
Seven o'clock in the evening to discuss the authorization to Southeastern
Public Service Authority to issue Bonds for the Solid Waste Project in
conjunction with the Navy; AND, for the purpose of discussion and vote
on a second (2nd) well to be located in Isle of Wight County.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, Vice @yor Harold Heischober,
Barbara M. Henley, Clarence A. Holland, M. D. , W. H. Kitchin,
III, Reba S. Yr-Clanan, @yor J. Henry @Coy, Jr., D.D.S.,
Donald W. Yierrick, lbyera E. Oberndorf, Patrick L. Standing
Council Members Voting Nay:
Ncne
Council Members Absent:
None
- 22-
C 0 N S E N T A G E N D A
ITEM II-G ITEM J116476
Upori motion by Councilman Merrick, seconded by Vice Mayor Heischober,
City Council agreed to separate Items II-G.5/7 from the CONSENT AGENDA.
The remaining items listed as the CONSENT AGENDA were considered and
enacted by ONE MOTION.
Voting: 11-0
Council Members Voting Aye:
Jolm A. Baun, F. Reid Ervin, Vice @yor Harold Heischober,
Barbara M. Henley, Clarence A. Holland, M.D., W. H. Kitchin,
III, Reba S. @Clanan, Myor J. @Coy, Jr., D.D.S.,
Dcnald W. @rrick, @yera E. Oberndorf, Patrick L. Standing
Council Members Voting Nay:
Ncne
Council Members Absent:
None
- 23-
ITEM II-G.1 ITEM #16477
Upon motion by Councilman Merrick, seconded by Vice Mayor Heischober,
City Council voted to uphold the recommendation of the City Manager
and ADOPT the Ordinance to amend and reordain Article II, Water
Safety Provisions, Section 6-33, Subsection (c) of the Code of the
City of Virginia Beach pertaining to where surfing is permitted.
Voting: 11-0
Council Members Voting Aye:
Joln A. Baum, F. Reid Ervin, Vir-e @yor Harold Heischober,
Barbara M. Henley, Clarence A. Holland, M.D., W. H. Kitchin,
III, Reba S. @Clanan, Yjayor J. Henry YjcCoy, Jr. , D.D.S.,
Domld W. Yierrick, @yera E. Oberndarf, Patrick L. Standing
Council Members Voti-ng Nay:
Ncne
Council Members Absent:
None
- 24-
AN ORDINANCE TO AMEND AND REORDAIN
ARTICLE II WATER SAFETY PROVISIONS
SECTION 6-33 OF THE CODE OF THE CITY
OF VIRGINIA BEACH PERTAINING TO WHERE
SURFING IS PERMITTED
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINTA:
That Section 6-33 Subsection (c) is amended and reordained
as follows:
Section 6-33. Where surfing permitted generally.
(c) In the area between the Southern boundary of the United
States Naval Reservation, Dam Neck, and the Northern line of Little
Island Park, between the hours of sunrise and sunset; except that
between May-lSSth-amd-September-39th the Friday before Memorial Day and
Labor Day, surfing is not permitted between the hours of 10:00 a.m. and
5:00 p.m.
Adopted by the Council of the City of Virginia Beach, Virginia,
on the Sixth day of April 1981.
- 25-
ITEM II-G.2 ITEM #16478
Upon motion by Councilman Merrick, seconded by Vice Mayor Heischober,
City Council voted to uphold the recommendation of the City Manager
and APPROVE the following Bingo/Raffle Permits:
Bingo Sandbridge Fire Brigade, Inc.
Raffle The Society for Life and
Education Fund, Inc.
Tidewater Chapter
Raffle Kellam Knights Booster Club
Raffle Thoroughgood PTA
Raffle EOD Officers' Wives Club
Raffle FOP Ladies' Auxiliary
Raffle Trinity Church in Green Run
Voting: 11-0
Council Members Voting Aye:
John A. Baun, F. Reid Ervin, Vice @yor Harold Heischober,
Barbara M. Henley, Clarence A. Holland, M.D., W. H. Kitchin,
III, Reba S. @C@ , lhycr J. Henry @Coy, Jr., D.D.S.,
Donald W. @rrick, @yera E. Oberndarf, Patrick L. Standing
Council Members Voting Nay:
Ncne
Council Members Absent:
Ncne
- 26-
ITEM II-G.3 ITEM #16479
Upon motion by Councilman Merrick, seconded by Vi,ce Mayor Heischober,
City Council voted to uphold the recommendation of the City Manager
and APPROVE tax refunds-in the amount of $1,077.75
Voting: 11-0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, Vice @yor Harold Heischober,
Barbara M. HP-nley, Clarence A. Holland, M.D., W. H. Kitchin,
III, Reba S. @Clanan, @yor J. Henry @Coy, Jr., D.D.S.,
D@ld W. @rrick, @yera E. Oberndorf, Patrick L. Standing
Council Members Voting Nay:
Ncne
Council Members Absent:
None
27-
AN OFDINANCE AUTI-IORIZING TA)' REFU@@IDS
UPO" APPLICATICT@ OF CER-I-AIN PE-.RIIZDNS
AND UPO@! Cr-RTIFIC,@,TION OF 'i @l;= TREASURER;
FOR PAYMENT
BE IT ORDAINED BY THE COUI'@CIL. OF T[IE CITY OF VIRGINIA E3EACH, VIRGINIA:
Thai ihe ioiiowing appi@caiioris iot, tax rciuna
s upoii certiticaiion OT ine i reasurer are nerel)y approvea:
NAME Tax Typc Ticket Exonera- D ate Penalty I nt. Tatni
Year of Tax N umber tion No. Paid
Emigrant Savings Bank 81 RE(1/2) 54332-8 12/3/80 13.40-
Allstate Mortgage Corp. 81 RE(1/2) 54866-2 12/3/80 7.24 -
Lomas & Nettleton 81 RE(1/2) 39359-7 11/25/80 11.39-
Lomas & Nettleton 81 RE(1/2) 20500-5 11/25/80 36.85-
Lomas & Nettleton 81 RE(1/2) 48730-8 11/25/80 36.C@5-
Lomas & t.,Iettle-L-on 81 RE(1/2) 30558-5 11/25/80 33.50--
Va. Beach Orthopedic Assoc. 81 RE(1/2) 76953-9 12/5/80 709.21-
Coloni6l Mortgage Corp. of D.C.79 RE(1/2) 30290-2 11/6/78 10.88 -
Colonial Viortgage Corp. of D.C.79 RE(2/2) 30290-2 5/23/79 10.88-'
Colonial Mortgage Corp. of D.C.80 RE(1/2) 32565-3 11/2/79 5.15 -
Colonial Mortgage Corp. of D.C.80 RE(2/2) 32565-3 6/5/80 5.15-
Total 880.50
(,7 77
@j
E) OF LAW
Tliis oidinance shall be effective ftor,i date of adoption.
The above abatement(s) totaling Ce
.... @440,@v 4@- were approved by
the COLII)Cil of tile City of Virginia
Beach on tlie@ day of
q,c. i.-;n- - ApT)roved as to form:
Rutti Hodgc,,s Smith
City Cleik
(;ity Att@,ti,c,-y
28-
AN CRF)lt@ANCE AUT@iORIZiN'G TAX REFUTIDS
L,lr-O@4 APPL!CATION OF CERTAIN PERSC)NI,
AND UPOiq CERI IFICATIO14 OF -1 FiE -FREASURER
FOR PAYt@'iEr4T
BE IT ORDAITAED BY THE COUNCIL OF THE CITY OF @'IRGINIA BEACH, VIRGINIA:
!-,.i i:lu fuiluwiriq a;)PliL;aiiu[15 lor Lax l@fLIfILi@ UPUII certiiica;iufi u@ iiie -i-rvasur
er are riereoy approveo:
NAME Tax Type Ticket Exorera- D ate Penalty I n t. Total
Year of Tax Number tion No. Paid
VNB Mortgage Corp. 81 RE(1/2) 63504-1 12/5/80 38.75
VNB Mortgage Corp. 81 RE(1/2) 60602-8 12/5/80 20.10-
VNB Mortgage Corp. 81 RE(1/2) 67026-1 12/5/80 25.1 @
VNB Mortgage Corp. 81 RE(1/2) 51872-0 12/5/80 16.75 -
Self, Jesse H. & Rose M. 80 RE(1/2) 56937-3 10/23/79 5.46-
Self, Jesse H. & Rose M. so RE(2/2) 56937-3 10/23/79 5.46-
Self, Jesse H. & Rose M. 81 RE(1/2) 67719-3 11/6/80 7.70'-
Va. Investment & Mortgage 81 RE(1/2) 25618-3 12/5/80 28,48 -
Smith, Thomas L. 80 pp 106409 1/30/81 33.79.-
Price, Marvin L. 79 pp 124295 2/27/80 15.63
Total 197.25
Ti,@'.s ordinance siiall be L)ffoctiv(@ froin date of adoption.
The above abatenient(s) totaling
were approved by
the Couilcil bf the Cit), of Virginia
Beach on itie@day of
Approved tn form:
Ruth Hodqes Smitli
City Clerk
- 29-
ITEM II-G.4 ITEM #16480
Upon motion by Councilman Merrick, seconded by Vice Mayor Heischober,
City Council voted to uphold the recommendation of the City Manager
and ADOPT ON SECOND 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. Baun, F. Reid Ervin, Vice @yor Harold Heischober,
Barbara M. Henley, Clarence A. Holland, M.D., W. H. Kitchin,
III, Reba S. @Clanan, @yor J. YjcCoy, Jr., D.D.S.,
Donald W. @rrick, @yera E. Oberndarf, Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
Nom
- 30-
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 school, railroad, and pedestrian
crossings; and,
WHEREAS, the Virginia Beach 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: 6 April 1981
ADOPTED by the Council of the City of Virginia Beach, Virginia,
on the Sixth day 6f April, 1981.
- 31-
ITEM II-G.6 ITEM lil6481
Upon motion by Councilman Merrick, seconded by Vice Mayor Heischober,
City Council voted to uphold the reconunendation of the City Manager
and ADOPT ON SECOND READING the Ordinance to authorize the City
Manager to enter into 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 @yor Harold Heischober,
Barbara M. Henley, Clarence A. Holland, M.D., W. H. Kitchin,
III, Reba S. YjrClanan, @yor J. Henry @Cay, Jr., D.D.S.,
Dcnald W. @rrick, @yera E. Oberndorf, Patrick L. Standing
Council Members Voting Nay:
Ncne
Council Members Absent:
None
-32-
AN ORDINANCE TO AUTHORIZE THE
CITY MANAGER TO ENTER INTO
CONTRACTS WITH THE SOUTHEASTERN
TIDEWATER AREA MANPOWER AUTHORITY
TO CONTINUE THE CITY'S CETA EMPLOY-
MENT 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: 6 April 1981
ADOPTED: Sixth of April 1981
GGD: JDB: er
3-2 3-81 T
- 33-
ITEM II-G.8 ITEM #16482
Upon motion by Councilman Merrick, seconded by Vice Mayor Heischober,
City Council voted to uphold the recommendation of the City Manager
and ADOPT ON SECOND READING the Ordinance authorizing the issuance
of Public Improvement Bonds of the City of Virginia Beach, Virgi-nia,
in the maximum amount of $17,000,000.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, Vice @yor Harold Heischober,
Barbara M. Henley, Clarence A. Holland, M.D., W. H. Kitchin,
III, Reba S. @Clanan, @yor J. Henry btcoy, Jr., D.D.S.,
Domld W. @rrick, @yera E. Oberndorf, Patrick L. Standing
Council Members Voting Nay:
Ncne
Council Members Absent:
Ncne
- 34-
AN ORDINANCE AUTHORIZING THF ISSUANCE
OF PUBLIC ITIPROVEMENT BONDS OF THE CITY
OF VIRGINIA BEACH, VIRGINIA, IN THE
tiAXIMUM AMOUNT OF $17,000,000
BE IT ORDAINED BY THE COUNCIL OF -,HE CITY OF VIRGINIA
BEACH, VIRGINIA:
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 Virqinia Beach (Ch. 147, Acts of Assembly of 1962, as
amended) and the Public Pinance Act, as amended, there are herehy
authorized to be issued public improvement bonds of the City of
Virginia Reach in the maximum amount of SEVENTEEN MILLION DOLLARS
($17,000,000) to provide funds, toqether with other funds that
may be available, for the following purposes:
School projects, including planninq,
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, sturlies, design ancl
construction of drainaqe systems and
related facilities and planning, site
acquisition and construction of
surface parking facilities 5,032,035
Buil(ling projects, includinq
planning, site acquisition and
improvemeht, construction,
enlarqement, renovation and
equippinq of various municipal
buildings and facilities, includinq
circuit court clerk's office, city
garaqei fire station, central
library, marine science museum,
visitors' information center, health
department, landfill expansion and
refuse transfer station 4,937,965
- 35-
Parks and recreation projects,
including planning, site
acquisition and development of
new parks 50,000
Water utility project for
drilling emergency deep wells 200,000
TOTAL $17,000,000
Any amount not needed for any of such purposes may be used for
any other of such purposes.
3. The bonds shall bear such date or dates, mature at
such time or times not exceerlinq forty years from their dates,
bear interest at such rate or rates not exceeding the maximum
rate permitted by law at the time the bonds are sol(9, be in such
denominations and form, be executed in such manner and be sold at
such time or times and in such manner, includinq the sale of the
same as one or more separate issues or in combination 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 qeneral obligations of the City
of Virginia Reach for the payment of principal of an,9 interes@ on
which its full faith and credit shall he irrevocably pledqed.
5. This or(9inance shall take effect imme(9iately.
Approved this 6th day of April, 1981
Mayor
FIRST READING: 23 March 1981
SECOND READING:- 6 April 1981
JDB/da
3/11/81
(Al)
-2-
- 36-
ITEM II-G.5 ITEM #16483
Upon motio-n by Couticilman Baum, seconded by Mayor McCoy, City Council
voted to uphold the recommendation of the City Manager and ADOPT ON
SECOND READING the Ordinance to set salaries of Council Members at
$8,000 per annum and $10,000 per annum for the Mayor, effective
1 April 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: 9-1
Council Members Voting Aye:
John A. Baun, F. Reid Ervin, Vice Yiayor Harold Heischober,
Barbara M. Henley, W. H. Kitchin, III, Reba S. @Clanan,
@yor J. Henry @Coy, Jr., r.D.S., Yjeyera E. Obe-rndarf, Patrick
L. Standing
Council Members Voting Nay:
Dcnald W. Yerrick
Council Members Abstaining:
Clarence A. Holland, M.D.
Council Members Absent:
Ncne
3 7-
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 FUNDS 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 Virginia 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 fends 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: 6 April 1981
ADOPTED by the Council of the City of Virginia Beach,
Virginia, on the Sixth day of April, 1981.
-38-
ITEM II-G.7 ITEM #16484,
The following spoke in opposition to the Ordinance:
Mr. John Perry
Reverend Rudolph Lewis, Newlight Baptist Church
Reverend Barnett Thorogood, W@F4mCtortmee=3-ty Development CitizEns
Mrs. Beverly Woodhouse, representing NAACP
Upon motion by Councilman Standing, seconded by Councilman Holland, City
Council voted to uphold the recommendation of the City Manager and ADOPT
ON SECOND READING the Ordinance to transfer appropriations of $505,705
within the Coumunity Development Program for Emergency Production Wells.
Voting: 11-0
Council Members Voting Aye:
John A. Bain, F. Reid Ervin, Vice @yor liarold Heischober,
Barbara M. Henley, Clarence A. Holland, M.D., W. H. Kitchin,
III, Reba S. @Clanan, Yjayor J. Henry @Ccy, Jr., D.D.S.,
Donald W. @=ick, @yera E. Oberndorf, Patrick L. Standing
Council Members Voting Nay:
Ncne
A letter was received from L. Margaret White, Housing and Urban
Development, a copy of which has been made a part of these proceedings.
Council Members Absent:
Ncne
- 39-
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, VIRGINIA:
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: 6 April 1981
ADOPTED: Sixth day of April, 1981
4/6/81
- 40 -
P L A N N I N G A G E N D A
ITEM II-H.1 ITEM #16485
Mr. Frank Coburn appeared in behalf of the applicant.
Upon motion by Councilman Baum, seconded by Councilman Holland, City
Council voted to DENY THE APPEAL of Lena Coburn for a free-standing
mobile home.
Voting: 11-0
Council Members Voting Aye:
Jolm A. Bauii, F. Reid Ervin, Vice @yor Harold Heischober,
Barbara M. Henley, Clarence A. Holland, M.D., W. H. Kitchin,
III, Reba S. @Clanan, @yor J. Henry @Cay, Jr., D.D.S.,
Dcnald W. @rrick, @yera E. Oberndorf, Patrick L. Standing
Council Members Voting Nay:
Ncne
Council Members Absent:
None
- 41-
ITEM II-H.2 ITEM #16486
Mr. James Owem appeared in behalf of the applicant and introduced
Mr. Joe Sharp and Ron Michiewiez
Upon motion by Councilman Merrick, seconded by Councilman Standing, City
Council voted to uphold the recommendation of the Planning Commission and
APPROVE the application of SANFORD AND CHARLES, INC., for a Conditional Use
Permit, as per the following, subject to the conditions outlined in the Ci-ty
gana-ger's letter.
ORDIMNCE LPON APPLICATION OF @ORD AND R0481383
CHARLES, INC., FCR A CCNDLTIONAL USE PER=
FOR AN A BILE SERVICE SRATION
BE IT CRDA= BY THE COUICIL OF TflE CIRY OF VIRGINIA BEACH, VIRGINIA:
Ordinance upon application of Sanford and Charles, Inc., for a
Ccnditional Use Permit for an autcmobile service station an certain
property loctt-e at Sauthwest corner of North Birdneck Road and
Virginia Beach Boulevard, rurming a distance of 154.56 feet along
the West side of North Birdneck Road, rL3rming a distance of 155.99
feet along the Southern property line, rlrining a distance of 160. 80
feet along the @stern property line, rl=ing a distance of 155.94
feet along the South side of Virginia Beach Boulevard, and rurming
around a curve in a Southeasterly direction a distance of 32.03
feet. Said parcel contains .65 acre. LYNNRKVEN BORDuai.
Approval is subject to t@ following provisions in cmjunction with
the intended use of the land:
1. Standard @rowmnts as required by the Site Plan Ordinance.
2. City water and @r.
3. Public restrwm are to be provided.
4. Ccnpliance with Article 2, Section 224 of the Coniprehensiw Zoning
Ordinance pertaining to Autombile Service Stations.
5. @ curb-cuts are to be allowed m both Virginia Beach Boulevard
and Birdneck Road, provided each is a noximun of 24 feet in width
and rmrked appropriately for in-only and (Yut-only traffic.
6. A fence is to be provided along the Southern property line.
This Ordinance shall be effective from date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia,
on the Sixth day of April, 1981.
-42-
Voting: 10-1
Council Members Voting Aye:
John A. Bau-n, Vice Yjayor Harold Heischober, Barbara M. Henley,
Clarence A. Holland, M.D., W. H. Kitchin, III, Reba S. @Clanan,
@yor J. @ YjcCoy, Jr., D.D.S., Dcnald W. Yierrick, @yera E.
C3berndorf, and Patrick L. Standing
Council Members Voting Nay:
F. Reid Ervin
Council Members Absent:
None
- 43-
E N C R 0 A C H M E N T 0 R D I N A N C E S
ITEM II-I.l.b ITEM #16487
Attorney W. Edward Hudgins appeared in behalf of the applicant.
Upon motion by Councilman Merrick, seconded by Councilwoman Oberndorf,
City Council voted to uphold the recommendation of the City Manager
and DENY the Ordinance to authorize a te@orary encroachment into a
portion of the right-of-way of Ocean Avenue to S. Archer Green, his
heirs, assigns and successors in title.
Voting: 7-4
Council Members Voting Aye: (for denial)
John A. Baum, F. Reid Ervin, Vice @yor Harold Heischober,
Barbara M. Henley, @yor J. Benry @Coy, Jr., D.D.S., Donald
W. @rrick, and @yera E. Oberndorf
Council Members Voting Nay:
Clarence A. Holland, M.D., W. H. Kitchin, III, Reba S.
&Clanan, and Patrick L. Standing
Council Members Absent:
Ncne
44-
Requested by: Department of Public Works
AN ORDINANCE TO AUTHORIZE A TEMPORARY
ENCROACHMENT INTO A PORTION OF THE
RIGHT-OF-WAY OF OCEAN AVENUE TO S. ARCHER
GREEN HIS HEIRS, ASSIGNS AND SUCCESSORS IN TITLE
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 anended,
S. Archer Green, 6408 Oceanfront Avenue, his heirs, assigns and successors
in title is authorized to construct and maintain a temporary encroachment
i-nto the right-of-way of Ocean Avenue.
That the temporary encroachment herein authorized is for the
purpose of erecting and maintaining a walkway and wooden deck and that
said encroachment shall be erected and maintained in accordance with the
City of Virginia Beach Public Works Department's specifications as to
size, alignment and location, and further that such temporary encroachment
is more particularly described as follows:
An area of encroac@t into a portim of
the City's right-of-vay known as ocean
A@ue, "Physical Survey of Lot 2 and West
10' of Lot 1, Block 19, Cape Henry Section
E, Lymhavm Borough, Virginia Beach,
Virginia, For S. Archer Green," a ccpy of
'which is attached hereto and made a part
hereof and is to be recorded simataneously
herewith to which reference is Tmde for a
wre particular description.
PROVIDED HOWEVER, that the temporary encroachment herein
authorized shall terminate upon notice by the City of Virginia Beach
to S. Archer Green, his heirs, assigns and successors in title and that
within Ninety (90) days after such notice is given, said encroachment
shall be removed from the City right-of-way of Ocean Avenue, and that
S. Archer Green, his heirs, assigns and successors in title shall bear
all costs and expenses of such removal.
AND, PROVIDED FURTHER, that it is expressly uncerstood and
agreed to that S. Archer Green, his heirs, assigns and successors in
title shall indemify and hold harmless the City of Virginia Beach, its
- 4 5-
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 such encroachment.
AND, PROVIDED FURTHER, that this Ordinance shall not be
in effect until such time that S. Archer Green executes an agreement
with the City of Virginia Beach encompassing the afore-mentioned
provisions.
Adopted by the Council of the City of Virginia Beach, Virginia,
on the day of 1981.
Denied by the Council of the City of Virginia Beach, Virginia,
on the Sixth day of April, 1981.
46- L
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- 4 7-
ITEM II-I.I.c ITEM #16489
COUNCILMAN'MERRICK LEFT COTJNCIL CHAMBERS
Upon motion by Councilman Holland, seconded by Councilman Ervin, City
Council voted to uphold the recommendation of the City Manager and
ADOPT the Ordinance to authorize a temporary encroachment into a
portion of the right-of-way of Greenwell Road to the Bayville Park and
Gardens Civic League.
Voting: 10-0
Council Members Voting Aye:
John A. Baun, F. Reid Ervin, Vice Veyor Harold Heischober,
Barbara M. Henley, Clarence A. HDlland, M. D. , W. H. Kitchin,
III, Reba S. @Clanan, @yor J. Henry @Coy, Jr., D.D.S.,
@yera E. Oberndcrf, and Patrick L. Standing
Council Members Voting Nay:
Nme
Council Members Absent:
Donald W. @rrick
4 8-
Requested by Public Works
AN ORDINANCE TO AUTHORIZE A TEMPORARY
ENCROACHMENT INTO A PORTION OF THE
RIGHT-OF-WAY OF GREENWELL ROAD TO
BAYVILLE PARK AND GARDENS CIVIC LEAGUE
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, the
Bayville Park and Gardens Civic League is authorized to erect and maintaiti
a temporary encroachment into a portiou of the City right-of-way of
Greenwell Road.
That the temporary encroachment herein authorized is for the
purpose of erecting a community identification sign and that said sign
shall be erected in accordance with the City of Virginia Beach Public
Works Department's specifications as to size, alignment and location, and
further that such temporary encroachment is more particularly described
as follows:
An area of encroachment into a portion of tbe
City's right-of-way known as Greenwell Drive,
designated on that certain plat entitled:
"Plat Showing Right-of-Way Encroachment Into
A Partion of Greenwell Road," dated July 29,
1980, a copy of which is attached herewith,
to which reference is made for a more particular
description.
PROVIDED, HOWEVER, that the temporary encroachment herein
authorized shall terminate upon notice by the City of Virginia Beacb to
any officer of Bayville Park And Gardens Civic League and that within
ten (10) days after such notice is given, said sign shall be removed from
tbe City right-of-way of Greenwell Road by the Bayville Park And Gardens
Civic League, and tbat the Bayville Park And Gardens Civic League shall
bear all costs and expenses of sucb removal; and,
PROVIDED FURTHER, that it is expressly understood and
agreed that the Bayville Park and Gardens Civic League shall indemnify
and bold barmless from and against all claims, damages, losses and expenses,
including reasonable attorney's fees, in case it shall be necessary to file
-4 9-
or defend an action arising out of the location or existence of such
sign; and,
.PROVIDED FURTHER, that this Ordinance shall not be in effect
until such time that tbe Bayville Park And Gardens Civic League executes
an agreement with the City of Virginia Beach encompassing the aforementioned
provisions.
Adopted by the Council of the City of Virginia Beacb, Virginia,
on the Sixth day of April, 1981.
Approval is subject to the following stipulations:
1. The sign shall be erected in accordance with
the Department of Public Works' specifications.
2. This encroachment shall terminate upon notice
by the City of Virginia Beach and within ten days
after such notice, the Bayville Park and Gardens
Civic League shall remove the sign, bearing all
costs.
3. The City of Virginia Beach shall be held harmless
from all liabilities due to the location or existence
of this sign.
4. The Bayville Park and Gardens Civic League shall
enter into an agreement encompassing the above
provisions.
50 -
L'4iE: Ii' -Po
,-!FiECTC,R OF IC VD,:?XS,CiT@C)-F BEACH, ViRGI@NiA
IGNED : @@- --DATE t@- 0
SL)PERINTENDENT OF SURVEYS o@d hlAPPING, CITY OF VIRGI.14]A BEACH,VIRGINIA
DEIVOTES RIGIIT - OF -WAY ENCROACHifENT. TOTAL AREA= 204 Sq. Ft.
LOCATIO,\'.-,IAP Srais: t'@2640
NOW OR FORMERLY Q
VIRGIIVIA NATIONAL BANK LU
D. B. 176 5 p. 523 ct
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PLAT
RIGHT-OF- WAY ENCROACHIVIENT
INTO A PORTIOtq OF
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GRATVTE-D TO
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BAYSIDE BOROU(3H- @RE4CH, Vil'?C@INIA
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- 51-
F I R S T R E A D I N G S
ITEM II-1.2.a ITEM #16489
Upon motion by Councilwoman Oberndorf, seconded by Councilman Holland,
City Council voted to uphold the recommendation of the City Manager
and ADOPT ON FIRST READING the Ordinance to authorize the City Manager
to accept a Grant from the United States Department of Agriculture
(USDA), and to appropriate these funds of $11,082.00
Voting: 10-0
Council Members Voting Aye:
Jolm A. Baum, F. Reid Ervin, Vice @yor Harold Heischober,
Barbara M. Henley, Clarence A. Holland, M.D. , W. H. Kitchin,
III, Reba S. @Clanan, @yor J. @Coy, Jr., D.D.S.,
@yera E. Oberndorf, and Patrick L. Standing
Council Members Voting Nay:
Ncne
Council Members Absent:
Dcnald W. Yp=ick
- 52-
AN ORDINANCE TO AUTHORIZE THE CITY MANAGER
TO ACCEPT A GRANT FROM THE UNITED STATES
DEPARTMENT OF AGRICULTURE (USDA), AND TO
APPROPRIATE THESE FUNDS
WHEREAS, the City of Virginia Beach wishes to improve the
kitchen facialities at Pendleton Child Service Center; and,
WHEREAS, the USDA has agreed to reimburse 100% of Pendleton
Child Service Center's purchase of kitchen appliances and equipment
up to $11,082.00
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA:
THAT the City Manager is hereby authorized to accept the
award for the City, and funds are hereby appropriated in the amount
of $11,082.00 for Pendleton Child Service Center; and,
BE IT FURTHER ORDAINED that the appropriations will be
financed by $11,082.00 estimated revenue from the United States Department
of Agriculture (USDA).
FIRST READING: 6 April 1981
SECOND READING:
Adopted by the Council of the City of Virginia Beach, Virginia,
on the day of 1 1981.
-53-
L 0 W B I D S
ITEM-II-I.3.a ITEM #16490
The following bids have been received for the Cape Henry Shores, Phase
I, Contract I, project:
M. E. Wilkins, inc. $403,921.30
Major T. Arcbbell, Inc. $463,605.30
Inner-View, Ltd. $469,472.26
W. R. Hall, Jr., Contractor $475,652.70
Vico Construction Corporation $480,389.97
Floyd B. Smith Contracting, Inc. $502,849.48
Suburban Grading & Utilities, Inc. $517,472.28
Carter-Bell Corporation $532,417.50
A. Stuart Bolling Company, Inc. $543,106.50
A. Stanley Mundy and Company $547,944.50
C. A. Barrs Contractor, Inc. $557,940.56
Chesapeake Bay Tjtilities, Inc. $564,458.56
Warbler Construction Company, Inc. $584,336.10
A and W Contractors, Inc. $599,648.10
Portsmouth Paving Corporation $606,354.70
Basic Construction Company $738,845.18
Engineer's Estimate $438,282.00
Upon motion by Councilman Merrick, seconded by Councilman Holland, City
Council voted to APPROVE the low bid of M. E. Wilkins, Inc., in the
amount of $403,921.30 for the Cape Henry Shores, Phase I, Contract I,
project; AND, authorized the City Manager to enter into the necessary
agreements for the implementation of this project. Funds are available.
Voting: 11-0
54-
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, Vice @yor Harold Heischober,
Barbara M. Henley, Clarence A. Holland, M.D., W. H. Kitchin,
III, Reba S. @Clanan, @yor J. Henry @Coy, Jr., D.D.S.,
Dcnald W. @rrick, Yjeyera E. Oberndorf, Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
None
- 55-
ITEM II - I. 3. b ITEM #16491
'Ihe following bids have been received for the Cape Henry Shores, Phase
I, Contract 11, project:
Van de Riet Construction Company $127,000.00
Crowder Contracting Company, Inc. $127,700.00
Gavco Corporation $139,000.00
Luke Construction Company, Inc. $142,000.00
Engineer's Estimate $130,000.00
Upon motion by Councilman Merrick, seconded by Councilman Holland, City
Council voted to APPROVE the low bid of Van de Riet Construction Company
in the amount of $127,000.00 for the Cape Henry Shores, Phase I, Contract
II, project; AND, authorized the City Manager to enter into the
necessary agreements for the implementation of this project. Funds are
available.
Voting: 11-0
Council Members Voting Aye:
John A. Baun, F. Reid Ervin, Vir-e Yjayor Harold Heischober,
Barbara M. Henley, Clarence A. Holland, M.D., W. H. Kitchin,
III, Reba S. @Cla=, Myor J. @Coy, Jr., D.D.S.,
Dcnald W. @rrick, @yera E. Oberndorf, Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
None
- 56-
A P P 0 I N T M E N T S
ITEM II-J.1/2/3 ITEM #16492
Consideration of appointments to the Community Services Board, Historical
Review Board, and the Citizens Advisory Comittee were deferred one week,
(April 13, 1981).
U N F I N I S H E D B Ti S I N E S S
ITEM II-K.1 ITEM #16493
Attorney Grover C. Wright, Jr., spoke to Council regarding the Lakeside
Construction Corporation borrow pit. City Council suspended operation
on the Pit for two weeks, 23 March 1981.
Mr. Arthur Riddell spoke in opposition to this matter.
Mr. Donald Trueblood, City Engineer, spoke in behalf of the City.
No action was taken on this matter. @
N E W B U S I N E S S
ITEM II-L.1 ITEM #16494
Mr. Leroy Cason, State Director, America for Jesus ("One Nation Under
God"), spoke requesting permission to hold an America for Jesus Rally
at Mount Trashmore on a Saturday, (August or September).
Reverend Barnett Thorogood, Pastor's Coordinator for America for Jesus
Rally, and Pastor of New Jerusalem Church.
Reverend Garland Hinds, Virginia Beach Christian Center
Mr. Chuck Smithson, Virginia Beach Resident
Mr. Don Verella, Virginia Beach@Coordinator for America for Jesus
Upon motion by Councilman Ervin, seconded by Councilman Merrick, City
Council directed the City Manager to reconsider the request of America
for Jesus Rally. The Manager is to prepare a policy for similar
requests to be discussed and voted on at the meeting of 13 April 1981.
MAYOR McCOY LEFT COUNCIL CHAMBTRS AT 6:35 p.m.
- 57-
Voting: io-o
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, Vice @yor Harold Heiscbober,
Barbara M. Henley, Clarence A. Holland, M.D., W. H. Kitchin,
III, Reba S. @Clanan, Donald W. Yierrick, @yera E. Oberndorf,
and Patrick L. Standing
Council Members Voting Nay:
Nme
Council Members Absent:
@yor J. Henry YjcCoy, Jr., D.D.S.
- 58-
ITEM II-L.2 ITEM #16496
Councilman-Holland advised Council of a letter received from the Aragona
Civic League expressing its desire to support the pickup of trash,
sewage a-nd other debris being dumped into the Chesapeake Bay.
A copy of the letter will be made a part of these proceedings.
ITEM II-L.3 ITEM #16496
Councilman Holland requested the Mayor's Committee for the Aging and
the Research Committee to study a program that has been utilized in
Connecticut whereby in-kind services are used for paying off personal
property or real estate taxes in the City. This would be similar to
the City's program for water and sewer fees.
ITEM II-L.4 ITEM #16497
Upon motion by Councilwoman McClanan, seconded by Councilman Baum, City
Council voted to EXPEDITE the application of Marh Ruth Jones Scott for
a variance to construct a dwelling on a private road. To be heard
by the Planning Commission May 12, 1981, and by City Council May 18,
1981.
Voting: 8-2
Council Members Voting Aye:
Jolm A. Baun, F. Reid Ervin*, Vice @yor Harold Heischober*,
Clarence A. Holland, M.D., W. H. Kitchin, III, Reba S.
McClanan*, Donald W. Yierrick, and Patrick L. Standing
Council Members Voting Nay:
Barbara M. Henley, and @yera E. Oberndorf
Council Members Absent:
@yor J. Henry McCoy, Jr., D.D.S.
*COUNCILMAN ERVIN VOICED A VERBAL "AYE".
*VICE MAYOR HEISCHOBER VOICED A VERBAL "AYE".
*COUNCILWOMAN McCLANAN VOICED A VERBAL "AYE".
- 5 9-
A D J 0 U R N M E N T
ITEM II-M.1 ITEM #16498
Upon motion by Councilman Merrick, City Council adjourned at 6:40 p.m.
iane M. Hickman, Deputy City Cler
Ruth HodgeEf Smith, City Clerk Mayo Henr@ y, 1q.s.
City of Virginia Beach,
Virginia
6 April 1981
dmh/asd