JANUARY 29, 1990 MINUTES
"WORLD'S LARGEST RESORT CITY"
CITY COLJNCIL
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CITY COUNCIL AGENDA
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January 29, 1990
ITBA 1. COUNCIL COWERENCE SESSION - Conference Ro(xn - 11:00 M
A. VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION BRIEFING
ITEM 11. CITY MANAGER'S BRIEFING - Conference Room - 11:15 M
A. A V A N C E
(Innovative Parent-Child Education Program)
Hector A. Rivera, Assistant City Manager for Hunan Services
ITEM 111. CITY COLINCIL CONCERNS - Conference RDom - 11:45 AM
ITEM IV. L U N C H - Conference Room - 12: NOON
ITEM V. IWCRMAL SESSION - Conference RDom - 12:15 PM
A. CALL TO ORDER - Mayor Meyera E. Oberndorf
B. ROLL CALL OF CITY COUNC I L
C. MOTION TO RECESS INTO EXECUTIVE SESSION
ITEM VI. FORMAL SESSION - Councll Chamber - 2:00 PM
A. INVOCATION: Reverend Melvin Hughes
First Baptist Church
B. PLEDGE OF ALIFGIANCE TO THE FLAG OF THE UNITED STATES OF MERICA
C. ELECTRONIC ROLL CALL OF CITY COUNCIL
D. CERTIFICATION OF EXECUTIVE SESSION
E. MINURES
1. INFCRMAL & FCRMAL SESSIONS - January 22, 1990
F. PRESENTATION
1. PTJBLIC TECHNOLOGY ACHIEVEMENT AWARD
Costis Toregas, President, Pubi lc Technology, Inc.
G. CRDINANCES/RESOLUTION
1. Ordinances to TRANSFER funds from various accounts within the
FY 1989-1990 Operating Budget to provide one hundred percent local
funds to defer lay-off of State Health positions:
a. OFRION I - defer lay-off of 22 filled positions thru
June 30, 1990: $104,202
b. OPTION 2 - defer lay-off of 17 filled positions thru
Nbrch 31, 1990, and 5 positions thru June 30, 1990: $ 41,473
2. Ordinance to AMEND the Comunity Development Block Grant 13th Year
Final Statement of Objectives;
AND,
TRANSFER $20,000 for shotter and support activities for homeless
Individuals and families;
AND,
7RANSFER $7,500 for temporary street repairs In Seatack and Burton
Station.
3. Ord lnance authorizlng the City Manager to execute a Uti I lty Serv Ice
Agreement with the City of Chesapeake for providing utlifty service
to a portion of the Queen City Subdivlslon which I les in the City
of Chesapeake.
4. Ordinance authorlzlng the City Vanager to execute an agreement to
use apprcximately 20.05 acres at Fort Story Military Reservation
for public recreational purposes.
5. Resolution directlng the City Attorney to appeal the decision of
the Board of Zoning Appeals re appl ication of Edwin B. Lindsley,
Jr., for a variance to allow relocation of a billboard on Parcel B,
Kempsvil I e Heights (KEMPSVILLE BOROUGH) .
6. Or-d inance, upon FIRST READING, to APPROPRIATE a $10,600 grant frcrn
the Virglnia Council on the Environment; and, to TRANSFER $7,066
required as the City's match from the Planning Department's FY
1989-1990 Operating Budget to be used for the continued developinent
of an enviromental database.
7. Ordinance, upon FIRST READING, to APPROPRIATE $550,000 from the
General Fund Balance for the purpose of providing an expanded
Spring Tourisrn Advertising Prograrn.
H. APPOINTMENTS
SOUTHEASTERN TIDEWATER OPPORTL)NITY PROJECT, INC.
SOUTHEASTORN VIRGINIA PLANNING DISTRICT COMMISSION
VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION
1. LINFINISHED BLISINESS
J. NEW BUSINESS
K. ADJOLIRMERR
FEBRUARY 20, 1990 2:00 PM
RESCHEDULE OF FEBRUARY 19, 1990
"PRESIDENTS' DAY"
1/25/90
[b
M I N U T E S
VIRGINIA BEACH CITY COUNCIL
Virglrila Beacti, Virginla
January 29, 1990
The VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION'S Report to the VIRGINIA
BEACH CITY COUNCIL was called to order by Mayor Meyera E. Oberndorf in the
Conference Room, City Hall on Monday, January 29, 1990, at 11:00 A.M.
Council Members Present:
Albert W. Balko, Vice Mayor Robert E. Fentress,
Harold Heischober, Barbara M. Henley, Reba
S. McClanan, Mayor Meyera E. Oberndorf, Nancy K.
Parker and John L. Perry.
Council Members Absent:
John A. Baum (ENTERED: 11:12 A.M.)
John D. Moss (ENTERED: 11:15 A.M.)
William D. Sessoms (ON VACATION WITH HIS FAMILY)
- 2 -
VIRGINIA BEACH COMMUNITY DEVELDPMENT CORPORATION BRIEFING
11:00 A.M.
ITEM # 32315
Mary Kay Horoszewski, Executive Director, advised the Virignia Beach Community
Development Corporation was incorporated in late 1985. Mason M. Moton and Flora
M. Haynie, Members of the Corporation, were also in attendance. To-date the
Corporation has developed and administers two very important programs:
Low/Moderate Income Rome Ownership Program (IXIHOP): The LMIHOP is
administered in several different ways. VBCDC has purchased
property and constructed single-family homes which were then sold
to low income buyers. Assistance has been provided to low income
property owners within the City's Target neighborhoods in building
on their property. In both cases, the buyers were provided with 5%
permanent financing through the Virginia Housing Development
Authority.
Transitional Housing Program: The Transitional Housing Program was
initiated by using four city owned properties within the Kempsvile
Borough. This program provides low cost rental units to single
parent families and also provides the families with support
services. By utilizing the four city properties, the City was able
to obtain two HUD grants which have allowed expansion of the
program. The ffUD funds have provided resources to purchase 6
additional foreclosed units in various neighborhoods throughout
the City. These units are leased to single-parent families.
Future Activities: The VBCDC will be purchasing vacant FHA
foreclosed units which will be rehabilitated and then resold using
the VHDA permanent financing. This program provides home ownership
opportunities for low income families who would not qualify under
the conventional financing. It removes vacant and foreclosed units
from the neighborhoods and returns them to the tax rolls.
VBCDC
DISTRIBUTION OF FUNDS - TOTAL $3,055,400
Princess Anne Commercial Bank $160,000
Construction Line of Credit
IMIHOP 184,000
STATE 3% LOANS 315,000
VHDA 5% MORTGAGE MONEY 800,000
THP FUND 802,400
ADMINISTRATION 124,400
BUILDER CONSTRUCTION 420,000
ACQUISITION/RERAB/RESALE PROGRAM 250,000
LINE OF CREDIT/CENTRAL FIDELITY
In this fiscal year, the VBCDC constructed eight (8) homes. Seven (7) of
those homes were in the Bolero Court development in the TARGET Neighborhood
of Newsome Farms. Those homes were made affordable through the 5% permanent
financing provided by the Virginia Housing Development Authority secured by
the VBCDC. One home was constructed in the TARGET Neighborhood of
Gracetown in a joint venture with the Virginia Beach Department of Housing
and Neighborhood Preservation.
- 3 -
C I T Y M A N A G E R 'S B R I E F I N G
A V A N C E
(Innovative Parent-Child Education Program)
11:42 A.M.
ITEM # 32316
Hector A. Rivera, Assistant City Manager for Human Services, introduced Daniel
M. Stone, new Director of Social Services, Norris Phillips, Director of
Pendleton Child Service Center, Dr. Pearl N. Moyers, Director of the
Educational Planning Center and Dr. Ed Brown, Executive Director - School
Administration. AVANCE is a Spanish word meaning to go forward and is modeled
after a program in San Antonio, Texas.
This City Council is a pathfinder in Child Development. Two years ago, two
Before School Programs (Breakfast) were offered. This year, there are thirteen.
Next year, if this program is allowed to go forward, there will be thirty (30)
schools.
Hector A. Rivera advised Beejay Williams, Department of Social Services and
Ester Coleman, Virginia Beach Public Schools, visited the AVANCE Program in
Texas to ascertain if their parent-child education program could be adapted to
Virginia Beach. Councilwoman Parker had visited this program in the fall of
1988 and had suggested visitation by City Staff.
Beejay Williams advised AVANCE, founded in 1973, is a private non-profit,
community based organization which serves predominantly low-income families
living in or near Federal housing projects in San Antonio. The population
served is largely Mexican-American females who have at least one child under
the age of three. The primary goals of AVANCE are to increase parental
knowledge, attitudes and skills in growth and development and to enhance family
support systems so that parents can provide guidance, nurturance and discipline
which leads to positive self-esteem values and behaviors. Approximately 2,000
participants are being served in the various AVANCE services.
After the May visit, a parent-child education program was drafted for the
Community. The proposed program shares AVANCE's goals and follows their
format; however, it would not be a replication or a duplication. Specific
dynamics in Virginia Beach are different. For example, Virginia Beach does not
have a high Hispanic population. The City does have low income neighborhoods
with parents who are single head of the household living in poverty and have
not been taught parenting skills. The program design would feature one three-
hour weekly session for a period of nine months. The three hours would be
divided into a toy making session, where the parents would learn how to make
inexpensive toys from household items. These would also be accompanied with a
fact sheet on how the development would use them for children who are preschool
age (0-5). The second hour would be basically the curriculum of a parenting
course - communication skills, discipline and other areas which require
concentration depending on the participant. The third hour, twice a month,
would be divided into actual hands on activity: working on applying what they
have learned in the classroom in the child care center area. The other two
weeks would be set aside to bringing in resources applicable to the comunity;
i.e, food stamps, comprehensive mental health services. This is a long term
approach to parenting. The program would be nine months in length. There would
be home visits to enable a support system for the parent to build a
continuation of the relationship. The proposed program is neighborhood based
and includes an advisory board composed of representatives from the
neighborhood community, businesses, churches, schools, medical agencies, et
cetera.
Dr. Pearl Moyers advised she had attempted to institute a similar program in
Windsor Woods based on the Parents and Teachers Program in Missouri. In the
Spring of 1984, assistance was provided the parents with the developmental
stages from toy making to reading. The program expanded the first year with a
$3,000 grant and a subsequent grant of $10,000 was received the next year and
the program was further expanded to include birth through school age. As
parents were being taught with other parents, the tutelage was received better
than if experienced alone. The program ended every year with a mock
Kindergarten day. The children were brought to school on the bus followed by an
orientation in the classroom to be aware of what would occur on the first day
of school. This program was ceased, however, for lack of a budget.
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C I T Y M A N A G E R IS B R I E F I N G
A V A N C E
(Innovative Parent-Child Education Program)
ITEM # 32316 (Continued)
Current infortnation has d irected the Committee to investigate a possible pilot
site in the Plaza area, Carper HoLising or Twin Canals. More in-depth research
is being conducted in these three areas. The School-Community Relations Study
Panel , in itiated by Superintendent Carlton Bowyer, has recently submitted a
report on the progress made in Carper Housing and Twin Canals Communities.
As the gaps in services were researched, it was determined there was no
particular service addressing the ages 0-3. The Pendieton Staff has indicated
receipt of increasing telephone cal Is relative chi ldren with severe behavioral
problems at only five years of age.
Dr. Ed Brown advised the School Board has been briefed twice on AVANCE. The
f irst time centered primarily on the pl ann i ng process and the second
encompassed a more indepth review of the project. Phi losophical ly the School
Board was in total agreernent with the concept of AVANCE. The School Board has
encouraged pursuing this issue with the City.
- 5 -
C 0 N C E R N S 0 F T H E M A Y 0 R
ITEM # 32317
Mayor Oberndorf referenced the request of Carl H. Marshal I , the SUGAR PLUM
BAKERY. Mayor Oberndorf proposed writing a letter to encourage Mr. Marshal I to
go through the Grant procedure instituted last year. When City Council provided
a $50,000 GRANT for the SUGAR PLUM BAKERY in 1987, there were indications this
would be a on@time grant for start up costs.
As per concurrence of City Council , %yor Oberndorf wi I I forward correspondence
to Mr. Marshall.
ITEM # 32318
%yor Oberndorf referenced a letter fran Mark Snyder, ChairTnan of the wayor's
Committee on the Handicapped, which requested the City ODuncil investigate the
opportunities of reducing the personal property taxes on individual ly owned
handicapped vehicles.
- 6 -
C I T Y C 0 U N C I L C 0 N C E R N S
ITEM # 32319
The City Manager distributed a partial listing of the status of the Virginia
Beach 1990 LEGISLATIVE PACKAGE. Robert Matthias, Intergovernmental Relations,
is available in Richmond form Monday thru Thursday each week to respond to any
inquiries via the computer links. Mr. Matthias will also be available in his
City Hall office Fridays from 3:00 P.M. to 5:00 P.M. to respond to any
specific questions or Briefings desired.
Mayor Oberndorf referenced BUDGET BILL SJR 126, INDIGENT HEALTH CARE sponsored
by Senator Holland and inquired whether there was any response to this from the
House of Representatives. The City Manager will advise.
Councilman Moss registered concern relative the CRAIG BELL issue, SENATE BILL
2 sponsored by Senator Stallings. The City would be responsible for claim of
$40,000. The State will pay and then be reimbursed by the City.
Councilwoman Parker also requested information relative the Status of the
INCREASE IN COURT FEES, RB 74 and SB 441 sponsored by Delegate Parker and
Senator Stallings.
Mayor Oberndorf inquired whether the VESTING issue, HB 1122 sponsored by
Delegate Jackson was the Northern Virginia Bill that the zoning would vest at
proffer acceptance. Chairman Aubrey Moore had alerted representatives to be
very sensitive to this Bill. Chairman Moore believed it had significant support
among the members of the State representation based on their conversations in
support of certain organizations. A copy of this Bill shall be provided.
Councilwoman Henley advised Senator Holland had mentioned the possibility of
the introduction of a Bill allowing mobile homes on all agricultural zoned
property. Councilwoman Henley wished information whether same had been
introduced.
Councilman Moss requested a copy of the Bill introduced by Senator Holland
concerning the Toll Road.
Councilman Baum wished the lead paragraph in all Bills reflect their intent in
"plain English".
ITFM # 32320
Councilwoman Henley referenced the Constitution Celebration Commission which
was extended through 1991. There would be many mini celebrations culminating in
the 1991 celebration of the "Bill of Rights". Funds were appropriated when the
Commission was first instituted. There are no new dollars being requested but
Councilwoman Henley wished to be assured the funds already in the Budget is
contingent throughout 1991. The Constitution Celebration Commission is planning
celebrations such as the Library forums and dramatization. The Commission
wished correlation with the Judicial Genter ground Breaking. There will be a
planting of historic trees in the Grove at Francis Land House on December 15,
1991. At the beginning of the Celebration, the Commissions was forwarded
seedlings from historic trees, which were too small to plant. The seedlings
have been nurtured in the Greenhouse. There is approximately $1300 in the
account, which Members wished to be assured will be carried over through 1991.
ITEM # 32321
The Historical Society has informed Councilwoman Henley, 1991 is the Three
Hundredth Anniversary of Princess Anne County. City Council might wish to
formulate methods in recognition of this Anniversary.
- 7 -
C I T Y C 0 U N C I L C 0 N C E R N S
ITEM # 32322
Councilwoman Henley advised the one-room School House in the Charity Neck area
of Pungo which served from approximately 1920 to 1955 as the one-room school
house for the Black children in the Community and then prior to that was one
of two rooms for White children from just before the turn of the century to
1915. Plans are underway for the restoration of this building, which is a total
volunteer effort. The first fund raiser dinner will be Saturday, April 7, 1990.
The facility is presently owned by the Asbury United Methodist Church
ITEM # 32323
Councilman Balko advised Shaft Lane in the Hilltop area has been changed to
Banker's Lane. There are two Banks on this Lane: Sovran and Peoples.
ITEM # 32324
Councilman Moss referenced WORKSHOPS with the School Board relative Budgetary
issues. A Committee comprised of two Members of City Council might be
appropriate to work with two Members of the School Board to attain a low
conflict partnership conclusion in dealing with the appropriate budget totals
vs. a Workshop comprised of twenty-two individuals. Councilman Moss wished to
determine priorities in an informal manner and avoid surprises.
Councilwoman Parker foresaw this suggestion as a most positive move on both
sides.
Councilwoman Henley advised of discussions with School Board Member Gerald
Gibbs, relative the possibility of School Board/City Council Informal, not
formally structured, meetings on a regular basis.
Councilman Balko requested the School Board and the School Administative Staff
be presented the FIVE-YEAR FINANCIAL FORECAST by E. D. Block, Assistant City
Manager for Analysis and Evaluation.
Mayor Oberndorf will forward a letter to James N. Fletcher, Chairman of the
School Board, requesting his advice as to which of the two proposals relative
meetings with the School Board would be most suitable. Chairman Fletcher should
also be advised relative the FIVE-YEAR FINANCIAL F'ORECAST and whether the
School Board would wish to receive this report prior to any meetings.
- 8 -
ITEM # 32325
The INFORMAL SESSION of the VIRGINIA BEACH CITY COLNCIL was cal led to order by
Veyor Wyera E. Oberndorf in the Conference Room, City Hal I Building, on
Monday, January 29, 1990, at 12:40 P.M.
Council Members Present:
Albert W. Balko, John A. Baun, Vice Meyor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, Reba
S. McClanan, John D. Moss, Voyor Nbyera E. Oberndorf,
Nancy K. Parker and John L. Perry
Council Members Absent:
William D. Sessoms, Jr.
- 9 -
ITEM # 32326
Mayor Veyera E. Oberndorf entertained a motion to permit City Council to
conduct its EXECLrrIVE SESSION, pursuant to Section 2.1-344, Code of
Virginia, as amended, for the following purposes:
1. PERSONNEL MATTERS: Discussion, consideration or Interviews of prospective
candidates for ernployment, assignment, appo in tment, promotion,
perforTnance, demotion, salaries, disciplining, or resignation of specific
public officers, appointees or employees pursuant to Section 2.1-344(A)
(1). to wit: (1) Appointments: Advertising Advisory Review Commission,
Southeastern Tidewater Opportunity Project, Inc ., Southeastern Virginia
Planning District Commission, Virginia Beach Canmunity Development
Corporation, Planning Council. (2) Personnel Evaluations: City Clerk, City
Assessor, City Manager.
2. -PTJBLICLY HELD PROPERTY: Discussion or consideration of the condition,
acquisition or use of real property for pubi !c purpose, or of the
disposition of publ icly held property, or of the plans for the fl&ure of
an institution which could affect the value of property owned or desirable
for ownership by such Institution pursuant to @tion 2.1-344(A) (3). (1)
Site Acquisition - Lynnhaven Borough.
3. LEGAL MATTERS: Consultation with legal counsel or briefings by staff
members, consultants or attorneys, pertaining to actual or probable
litigation, or other specific legal matters requesting the provision of
legal advice by counsel pursuant to Section 2.1-344 (A) (7). Actual or
probable litigation or other specific legal matters are the following: (1)
Patrick A. Janezck v. Tidewater Pizza, Inc. (2) Patrick A. Janezeck v.
Boar,d ot Zoning Appeals (Cohen Application). (3) BZA Decision - Lindsley
Variance.
Upon motion by Councilman Nbss, seconded by Councilwoman Parker, City
Council voted to proceed into EXBCUTIVE SESSION.
Voting : 10-0
C)ouncil Members Voting Aye:
Albert W. Balko, John A. Saun, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, Reba
S. McClanan, John D. Moss, Veyor Wyera E. Oberndorf,
Nancy K. Parker and John L. Perry
Council Members Voting Nay:
None
Council Members Absent:
William D. Sessoms, Jr.
- 10 -
F 0 R M A L S E S S I 0 N
VIRGINIA BEACH CITY COUNCIL
January 29, 1990
2:00 P.M.
Mayor Meyera E. Oberndorf called to order the FORMAL SESSION of the VIRGINIA
BEACH CITY COUNCIL in the Council Chambers, City Hall Building, on Monday,
January 29, 1990, at 2:00 P.M.
Council Members Present:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, Reba
S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf,
Nancy K. Parker and John L. Perry
Council Members Absent:
William D. Sessoms
INVOCATION: Reverend Melvin Hughes
First Baptist Church
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
The City Clerk advised Councilman Sessoms had previously planned his family
vacation for the Fifth Monday at a time he was not aware City Council would
RESCHEDULE meetings to this date.
Item VI-D.I.
CERTIFICATION OF
E)CECUTIVE SESSION ITEM # 32327
Upon motion by Councilman Heischober, seconded by Vice Voyor Fentress, City
Council ADOPTED:
CERTIFICATION OF EXECUTIVE SESSION
Only public business matters lawtully exempted from
Open Meeting requirements by Virginia law were
d I sc ussed i nExec ut i ve Session to which this
certification resolution applies;
AND,
Only such public business matters as were
identified in the motion convening this E)<ecutive
Session were heard, d i sc ussed or considered by
Virginia Beach City C)ouncil.
Voting: 10-0
Council Members Voting Aye:
Albert W. Balko, John A. BaLin, Vice Veyor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, Reba
S. McClanan, John D. Moss, Veyor Meyera E. Oberndorf,
Nancy K. Parker and John L. Perry
Council Members Voting Nay:
None
Council Members Absent;
William D. Sessoms, Jr.
CERTIFICATION OF EXECUTIVE SESSION
WHEREAS: The Virginia Beach City Council convened into EXECUTIVE SESSION, pursuant to
the affirmative vote recorded here and in accordance with the provisions of The Virginia
Freedom of Information Act; and,
WHEREAS: Section 2.1-344.1 of the Code of Virginia requires a certification by the
governing body that such Executive Session was conducted in conformity with Virginia law.
NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council liereby certifies
that, to the best of each member's knowledge, (a) only public business matters lawfully
exempted from Open Meeting requirements by Virginia law were discussed in Executive Session to
which this certification resolution applies; and, (b) only such public business matters as
were identified in the motion convening this Executive Session were heard, discussed or
considered by Virginia Beach City Council.
MOTION;
Upon motion by Councilman Moss, seconded by Councilwoman Parker, City Council voted to proceed
into EXECUTIVE SESSION to consider:
1. PERSONNEL MATRERS: Discussion, consideration or interviews of prospective candidates for
employment, assignment, appointment, promotion, performance, demotion, salaries,
di@ciplining, or resignation of specific public officers, appointees or employees
pursuant to Section 2.1-344(A) (1). (1) Appointments: Advertising Advisory Review
Commission, Southeastern Tidewater Opportunity Project, Inc., Southeastern Virginia
Planning District Commission, Virginia Beach Community Development Corporation, Planning
Council (2) Personnel Evaluations: City Manager, City Assessor, City Clerk.
2. PUBLICLY HELD PROPERTY: Discussion or consideration of the condition, acquisition or use
of real property for public purpose, or of the disposition of publicly held property, or
of the plans for the future of an institution which could affect the value of property
owned or desirable for ownership by such institution pursuant to Section 2.1-344(A) (3).
(1) Site Acquisition - Lynnhaven Borough.
3. LEGAL MATTERS: Consultation with legal counsel or briefings by staff members, consultants
or attorneys, pertaining to actual or probable litigation, or other specific legal
matters requesting the provision of legal advice by counsel pursuant to Section 2.1-344
(A) (7). Actual or probable litigation or other specific legal matters are the following:
(1) Patrick A. Janezeck v. Tidewater Pizza, Inc. (2) Patrick A. Janezeck v. Board of
Zoning Appeals (Cohen Application). (3) BZA Decision - Lindsley Variance.
VOTE: 10-0
Council Members Voting AYE: Council Members Voting NAY:
Albert W. Balko, John A. Baum, Vice Mayor Robert None
E. Fentress, Harold Heischober, Barbara M. Henley,
Reba S. McClanan, John D. Moss, Mayor Meyera E.
Oberndorf, Nancy K. Parker and John L. Perry
Council Members ABSTAINING: Council Members ABSENT for the Vote:
None William D. Sessoms, Sr.
Council Members ABSENT for the Meeting:
William D. Sessoms, Sr.
@uth Hodges Smith, CMC/AAE
City Clerk
- 12 -
Item VI-E.l.
MINLITES ITEM # 32328
Upon motion by Go unc i I wcman McCl an an, seconded by C)ounc i I man He i schober, Cit y
Council DEFERRED the MINLrrES of the INFORMAL AND FORMAL SESSIONS of January
22, 1990, until the City Council %eting of February 5, 1990.
Voting 10-0
Council Members Voting Aye:
Albert W. Balko, John A. BaLin, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, Reba
S. McClanan, John D. Moss, Wayor %yera E. Oberndorf,
Nancy K. Parker and John L. Perry
Council Vembers Voting Nay:
None
Council Members Absent:
William D. Sessoms, Jr.
- 13 -
Item VI-F.I.
PRESENTATION ITEM # 32329
PUBLIC TECHNOLOGY ACHIEVEMENT AWARD
Patricia Phillips, Director of Research and Strategic Analysis, introduced Dr.
Costis Toregas, President - Public Technology, Inc. PTT is the research and
development arm of the National League of Cities, as well as the International
City Management Association. Dr. Toregas has been President since 1985 and is a
graduate of Cornell University with a Bachelor Degree in Electrical Engineering
and Masters and Ph.d in Environmental Engineering.
Dr. Toregas advised in 1989-90 Department Heads throughout the United States
and Canada were requested to submit innovative ideas which would contribute to
the reducing of the taxes and services to the citizen. Out of 600 ideas, only
13 National awards were bestowed. In the area of energy, the City of Virignia
Beach was the winner.
Mayor Oberndorf ACCEPTED the award at the NATIONAL LEAGUE OF CITIES CONGRESS OF
CITIES in Atlanta, Georgia, on November 28, 1989, with 5,000 Municipal
Officials throughout the Country in attendance.
Vitginia Beach won the coveted honor for its new Methane Recovery Plant which
opened last Spring, and is located at the City's landfill. The plant, owned and
operated by a private enterprise, produces revenue for the City while reducing
ozone-damaging emissions. The facility was installed at no expense to the City
and is saving the equivalent of 150,000 barrels of oil per year.
TECHNOLOGY ACHIEVEMENT AWARD
to
THE CITY OF VIRGINIA BEACH
DEPARTMENT OF PUBLIC WORKS
FOR EXCEPTIONAL ACHIEVEMENT
NETHANE TO ENERGY FACILITY
Dr. Toregas also PRESENTED:
TECHNOLOGY TRANSFER AWARD
to
THE CITY OF VIRGINIA BF-ACH
This award recognized the special contribution Virginia Beach has made to the
PTI Technology Awards program with its diverse and creative solutions, and its
willingness to disseminate information on new methods, systems and programs for
the benefit of local governments throughout North America.
Mayor Oberndorf extended special appreciation to Aubrey V. Watts, Jr., City
Manager; C. Oral Lambert, Director of Public Works; Wade Kyle, Administrator of
Solid Waste, and their staffs for their dedicated efforts in obtaining this
recognition for the City of Virginia Beach.
- 14 -
Item VI-F.2.
PRESENTATION ITEM # 32330
PREVENTION OF IMPAIRED DRIVING AWARDS
ADD-ON
Mayor Oberndorf advised General Jerry R. Curry, Administrator of the National
Highway Traffic Safety Administration, presented plaques to eight cities for
combatting impaired driving. These plaques were presented at the UNITED STATES
CONFERENCE OF MAYORS.
PREVENTION OF IMPAIRED DRIVING AWARD
THE UNITED STATES CONFERENCE OF MAYORS
AND
THE UNITED STATES DEPARTMENT OF TRANSPORTATION
are pleased to honor
14AYOR MEYERA OBERNDORF
and the
VIRGINIA BFACH POLICE DEPARTMENT
for
their exemplary innovative, effective and cooperative
efforts to prevent impaired driving.
In May 1987, the "Selective Enforcement Team" was implemented and tasked with
identifying high accident locations and causation factors. DUI arrests have
increased nearly 300 percent between 1986 and 1989, while the number of DUI
related crashes has dropped dramatically.
- 15 -
Item VI-G.I.
ORDINANCE ITEM # 32331
The following spoke in SUPPORT of the Ordinance:
Father William J. Dale, 4853 Princess Anne Road, Phone: 495-1886. Father Dale's
Statement is hereby made a part of the record.
Dr. Edward H. Karotkin, 3020 Lynndale Road, Phone: 486-3402, represented the
March of Dimes and Eastern Virginia Medical School.
The City Clerk referenced letter from Councilman Sessoms supporting funding for
the Health Department. Said letter is hereby made a part of the record.
Upon motion by Councilman Moss, seconded by Councilwoman Henley, City Council
ADOPTED OPTION 1:
Ordinance to Transfer $104,202 from various
accounts within the FY 1989-1990 Operating Budget
to provide one hundred percent local funds to defer
lay-off of twenty two (22) filled State Healtb
positions until June 30, 1990.
Voting: 10-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, Reba
S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf,
Nancy K. Parker and John L. Perry
Council Members Voting Nay:
None
Council Members Absent:
William D. Sessoms, Jr.
1 AN ORDINANCE TO TRANSFER $104,202 FROM VARIOUS
2 ACCOUNTS WITHIN THE FY 89-90 OPERATING BUDGET TO PROVIDE
3 ONE HUNDRED PERCENT LOCAL FUNDS TO DEFER LAY-OFF OF
4 STATE HEALTH POSITIONS UNTIL JUNE 30, 1990
5
6 WHEREAS, state funding constraints and lower than anticipated revenue
7 collections for the Virginia Beach Public Health Department have resulted in a
8 projected $199,149 shortfall for FY 89-90,
9
10 WHEREAS, no additional state resources are available and no revenue increases
11 are achievable, and non-personnel expenditures cannot be reduced to address the
12 entire projected shortfall,
13
14 WHEREAS, twenty-six (26) state positions, to include twenty-two (22) filled
15 positions and four (4) vacancies, were identified within the health department
16 for a reduction-in-force to take effect January 15, 1990 in order to avoid a
17 deficit budget situation,
18
19 WHEREAS, the City Council, by ordinance of January 8, 1990 approved $58,733
20 in one hundred percent local funds to delay these reductions-in-force until
21 February 15, 1990 to allow time for consideration of the issue and to prevent
22 precipitous reductions in personnel and services,
23
24 WHEREAS, the reductions in service which would result in the February 15,
25 1990 lay-offs have raised concern among the public, staff, and the Council,
26
27 WHEREAS, the state allows localities to provide one hundred percent local
28 supplemental funding of state cooperative health services,
29
30 WHEREAS, the provision of an additional $104,202 in one hundred percent city
31 funds in addition to $32,006 from within the Health Department city budget, would
32 allow the lay-off of the twenty-two filled positions to be deferred until June 30,
33 1990 with payment of necessary unemployment costs after that date,
34
35 NOW THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
36 VIRGINIA, that the City Manager be authorized to transfer funds in the amount of
37 $104,202 from within the FY 89-90 Operating Budget to defer the lay-off of state
38 cooperative health positions, and that the Cooperative Health Agreement be amended
39 to reflect this increased commitment of local resources.
40
41 This ordinance shall be effective from the date of its adoption.
42
43 Adopted by the Council of the City of Virginia Beach, Virginia on the 29th
44 day of January, 1990.
- 16 -
Item VI-G.2.
ORDINANCE ITEM # 32332
The fol low!ng reg! stered in SUPPCRT of the Ord in ance
Fa the r W! 1 1 lam J. Dal e, 4853 Princess Anne Road, Phone: 495-1886
Al ice E. Taylor, 4937 01 ive Grove Lane, Phone: 497-6584, Director of St.
Col unba Ecunenical Ministries, Inc.
Carolyn Blount, 2420 Virginia Beach Boulevard, Phone; 431-2903, Shelter
resident
Carlotta A. Bryce, 2420 Virginia Beach Boulevard, Phone: 431-2903, Volunteer
with the Shelter
De Chapman, Shelter resident
Sue Clark, Shelter resident
Flora M. @ynie, Mom ber of the Virginia Beach Community Development
Corporation, advised Government does not need to get into the business of
sheltering the homeless, but should assist the agencies who wish to shelter
the horneless. These funds need to be expend--d to operate the ternporary
shelter in London Bridge.
The following registered in OPPOSITION:
Brenda McCormick, 417 i6th Street, Phone: 491-2887, Executive Director -
Mc)therl s, Incorporated. Brenda McCormick distributed a copy of her letter
stating the reasons for her OPPOSITION and suggested as an alternate the
renting of motel roorns.
A MOTION was made by Councilman BaLrn, seconded by Councilwoman Henley to ADOFR
Ordinance to MEND the Ccmmunity Developrnent Block Grant 13th Year Final
Statement of Objectives; AND, TRANSFER $20,000 for shelter and support
activities for hcmeless Individuals and fanilles; AND, TRANSFER $7,500 for
temporary street repairs In Seatack and Burton Station.
A SUBSTITUTE MOTION was made by C<)uncilman Perry, seconded by Councilwoman
McCianan to ADOP'T the Ordinance, as Af4ENDED*:
Ordinance to AMEND the Community Developinent Block
Grant 13th Year Final Statement of Objectives;
AND,
IRANSFER $27,500 for shelter and support activities
for haneless individuals and familles;
(The $7,500 for temporary street repairs in Seatack
and Burton Station shall be utilized for shelter
and support activities for homeless individuals and
families.)
Voting: 2-8 (MOTION LOST TO A NEGATIVE VOTE)
Council Members Voting Aye:
Reba S. McCianan and John L. Perry
Council Members Voting Nlay:
Albert W. Balko, John A. Baun, Vice Veyor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, John
D. Moss, Nbyor Nbyera E. Oberndorf and Nancy K.
Parker
Council Wmbers Absent:
William D. Sessoms, Jr.
1 7
Item VI-G.2.
ORDINANCE ITEM # 32332 (C)ontinued)
Upon motion by Councilman BaLn, seconded by Councilwcman Henley, City Council
ADOFrED:
Ordinance to AMEND the Comunity Development Block
Grant 13th Year Final Statement of Objectives;
AND,
TRANSFER $20,000 for shelter and support actlvlties
for haneless Individuals and familles;
AND,
TRANSFER $7,500 for temporary street repairs In
Seatack and Burton Station.
Mayor Oberndorf and Councilwoman Henley requested BRIEFINGS by Varyann Ustick,
Director of the Department of Housing and Neighborhood Preservation, with an
overall report concerning the organizations for the HOMELESS in order to
deter,mine the problems as well as the needs which have been addressed. This
could also incorporate the Community Devel opment' s involvement with
transitional housing as wel I as the Samaritan House.
Voting: 10-0
C)ouncil Members Voting Aye:
Albert W. Balko, John A. BaLrn, Vice Veyor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, Reba
S. McClanan, John D. Moss, Vayor Veyera E. Oberndorf,
Nancy K. Parker and John L. Perry
Council Nbmbers Voting Nay:
None
Council Members Absent:
William D. Sessoms, Jr.
ORDINANCE TO AMEND THE CDBG 13TH YEAR
FINAL STATEMENT OF OBJZCTIVES
AND TO TRANSFER $27,500 FOR NEW ACTIVITIES
Reauested by the Denartment of Housing and Neighborhood
Preservation
WHEREAS, The City recei-ves Community Development Block Grant
(CDBG) funds to be used to benefit low and moderate income
Dersons, and
WHEREAS, one of the eligible uses of such funds is to assist
the homeless, and
WHEREAS, the City has determined that there is a need for
additional services for the homeless that can be provided through
a ua--tnershiv with non-Drofit organizations, and
WHEREAS, the Seatack and Burton Station neighborhoods are
nresently scheduled in the Canital Imnrovement Plan to receive
Dublic .@acility improvements, and
WHEREAS, there is a need for temporary redairs to certain
streets in these areas before such imurovements can be made, and
WHEREAS, interim improvements in these areas are eligible
exDenses for the CDBG program,
NOW, THEREFORE BE !T ORDAINED the CDBG 13th Year Final
Statement of Objectives be amended to include the following
act4-vi-ties:
1) Shelter and sundort act4@vi-ti-es for homeless individuals and
families
2) Temoorary street renairs in Seatack and Burton Station.
AND, BE IT FURTHER ORDAINED that $20,000 be transferred fror.
unencur.bered 13th year funds for the r)iirr)oses of shelter and
support activities for homeless Dersons; and that $7,500 be
t--ansferred from unencumbered !3th year funds for the purposes of
temoorary street reoairs in Seatack and Burton Station.
AdoDted bv the Counci-I of the Ci-ty of V4-rgin4-a Beach this
29 @ay of January 1990.
Anproved as to Content Approved as to Form
-a 1. Usti
Der)t7 of Housing ana
Neighborhood Preservation
- 18 -
Item VI-G.3.
ORDINANCE ITEM # 32333
Upon motion by Councilman Moss, seconded by Councilman Heischober, City Council
ADOPTED:
Ordinance authorizing the City Manager to execute a
Utility Service Agreement with the City of
Chesapeake for providing utility service to a
portion of the Queen City Subdivision which lies in
the City of Chesapeake.
Voting: 9-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, Reba
S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf,
and Nancy K. Parker
Council Members Voting Nay:
None
Council Members Absent:
John L. Perry and William D. Sessoms, Jr.
1 Requested by: The Department of Public Utilities
2
3 AN ORDINANCE TO AUTHORIZE THE CITY
4 MANAGER TO EXECUTE A UTILITY SERVICE
5 AGREEMENT WITH THE CITY OF
6 CHESAPEAKE FOR PROVIDING UTILITY
7 SERVICE TO A PORTION OF THE QUEEN
8 CITY SUBDIVISION WHICH LIES IN THE
9 CITY OF CHESAPEAKE
10
11
12
13 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
14 VIRGINIA BEACH, VIRGINIA:
15 WHEREAS, pursuant to Section 15.1-305, Code of Virginia,
16 1950 as amended, agreements concerning the acquisition,
17 construction, maintenance and operation of any project are
18 authorized by the General Assembly of Virginia between two or more
19 cities of this state; and
20 WHEREAS, on April 19, 1988, the City of Chesapeake and
21 the City of Virginia Beach executed an agreement to install water,
22 sewer and streets in a subdivision known as Queen City,
23 approximately two-thirds of which lies in the City of Virginia
24 Beach and approximately one-third lies in the City of Chesapeake;
25 and
26 WHEREAS, certain lots located on Carrington Avenue in
27 Chesapeake are in need of municipal water and sewer services which
28 the City of Virginia Beach is willing and prepared to provide.
29 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE
30 CITY OF VIRGINIA BACH, VIRGINIA:
31 That the attached Utility Service Agreement is hereby
32 approved and Aubrey V. Watts, Jr., City Manager of the City of
33 Virginia Beach, be and hereby is authorized and directed to sign
34 and execute on behalf of the City of Virginia Beach the agreement
35 attached hereto and made a part hereof; and, Ruth Hodges Smith,
36 City Clerk, be and hereby is authorized to witness the signature
37 of said city Manager and to af f ix the of f icial seal of the City of
38 Virginia Beach on said agreement.
39 Adopted by the Council of the City of Virginia Beach,
40 Virginia this day of January 19 90
41
42 DSH/awi
43 11/17/89
44 CA-3554
45 Queen.ord
46
E-S
CITY ATTORNEY,/
2
UTILITY SERVICE AGREEMENT
THIS AGREEMENT made and entered this /@ d.y of
1989, by and between the City of Virginia Beach, Virginia, a municipal
corporation, hereinafter referred to as "Virginia Beach", and the City
of Chesapeake, Virginia, a municipal corporation, hereinafter referred
to as "Chesapeake," pursuant to the authority contained in Section
15.1-305 of the Code of Virginia.
WHEREAS, pursuant to a joint powers agreement dated April 19,
1988, Virginia Beach owns, operates and maintains certain water and
sewer facilities installed along Carrington Avenue to MacDonald Road
within the City of Chesapeake; and
. WHERFAS, certain lots located on Carrington Avenue within the
City of Chesapeake are in need of municipal water and sewer services,
and Chesapeake does not have the facilities to provide said services@
and
WHERFAS, Virginia Beach is prepared to provide water and sewer
services to said lots.
NOW, THEREFORE, WITNESSETH, that for and in consideration of the
mutual covenants hereinafter set forth, and for other good and valu-
able consideration, the parties hereto do hereby agree as follows:
1. Virginia Beach agrees to design, install, operate and main-
tain water and sewer facilities to serve Lot 12 and Z, Block 3,
Carrington Avenue, Chesapeake, Virginia and Lot 1, Block 1, Carrington
Avenue, Chesapeake, Virginia (hereinafter referred to collectively as
the "Lots"), as shown on the attached@.
2. All water and sewer facilities installed by Virginia Beach to
service the Lots shall become part of the Virginia Beach public
utilities system. Virginia Beach agrees that, upon installation of
the water and sewer facilities, it will sell water to and accept sewer
flow from the residents of the Lots. All fees required for hook-up to
the water and sewer system by residents/owners of the Lots shall be
collected in accordance with applicable Virginia Beach ordinances.
Chesapeake hereby grants Virginia Beach the authority to collect fees
for sewer and water service to the Lots in accordance with applicable
Virginia Beach ordinances. Virginia Beach shall be responsible for
all service calls, complaints and maintenance obligations relating to
said facilities.
3. Virginia Beach shall have perpetual access within Chesapeake
streets, easements, and rights-of-way as necessary for the installa-
tion, operation and maintenance of the water and sewer facilities
serving the Lots. Virginia Beach agrees to return such easements and
rights-of-way-to their original condition after any maintenance or
improvements. Virginia Beach further agrees to hold Chesapeake, its
agents and employees, harmless for any damage, claims or liability
whatsoever resulting from specific maintenance or improvement activity
by Virginia Beach.
4. In the event Virginia Beach must acquire any property rights,
such as easements or rights-of-way, to install, operate or maintain
the water and sewer facilities serving the Lots, such property shall
be taken in the name of Virginia Beach. Virginia Beach shall be
responsible for any and all costs associated with th, acquisition of
said easements or rights-of-way within the City of Chesapeake.
However, Chesapeake will assist Virginia Beach in acquiring the
easements and rights-of-way located in Chesapeake, including the
filing of Petitions for Condemnation under Virginia Eminent Domain
statutes and pursuing those matters in the appropriate courts when
necessary. Where such easements or rights-of-way are acquired by
Chesapeake through condemnation proceedings, Chesapeake agrees, at the
conclusion of said proceedings, to convey the property interest so
obtained to Virginia Beach. The easement or right-of-way shall be
conveyed by Chesapeake to Virginia Beach at a purchase price not to
exceed the cost of said property interest and any and all expenses
incurred during the eminent domain proceedings including, but not
limited to, non-city attorney's fees, filing fees, appraisal fees and
title search costs.
5. In any case where it may be necessary for Virginia Beach to
obtain a permit from Chesapeake for the performance of any activity
relating to the installation or operation of said water and sewer
facilities, Chesapeake agrees to expedite to the extent possible the
permit application process.
6. Virginia Beach shall hold Chesapeake, its agents and employ-
ees, harmless from any damages, costs, or claims arising out of the
installation, operation or maintenance of the water and sewer facili-
ties serving the L,ts.
7. The t@-s and provisions Of this Agreement shall be in
addition and s'PPlementary to those contained within the joint Power,
@gre-ent concerning Queen City Neighborhood entered by the Parties on
April 19, 1988. The te.s and conditions of this Agreement shall
beco- effective when executed by both CitY Manager and attested by
their respective CitY Clerks.
'N W'TNESS WH OF, the par
ERE ties hereto have executed and sealed
this Agreement as of the day and year first abo- writt,n.
CITY OF VIRGINIA BF
.ACIi, VIRGINIA
BY:
CitY Man-ger
ATTEST:
City c,.rk
Ordinance No:
Effective Date:
C'Ty 0-F CHESAP@. V IA
BY:
ATUST:
Ordinance Attached
Effective D,te:
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
I, a Notary Public, in and for the
aforesaid, in the State of Virginia, do certify that
City Manager, and City Clerk of the City of
Virginia Beach, Virginia, whose names are signed to the foregoing
agreement bearing date on the day of
1989, have acknowledged the s e before me in my City and State
aforesaid.
Given under my hand this day of 19,89.
Notary Public
My commission expires
STATE OF VIRGINIA
CITY OF CHESAPEAKE, to-wit:
WANOA,-B. F,@@ , a Notary Public, in and for the
aforesaid, in the State of Virginia, do certify that-@-@IA/.@,A/
City Manager, andf1/2@.T.P@,4%0,4y City Clerk of the City of
Chesapeake, Virginia, whose names are signed to the foregoing agree-
ment bearing date on the day of,5,-@@@ , 1989,
have acknowledged the same before me in my City and State aforesaid.
Given under my hand this @O day of S-@TzcmBcp- 1989.
,s - @
Notazy Public
10, .7 /q 0
My commission expires
AN ORDINANCE AUTHORIZING THE CITY MANAGER AND CITY CLERK TO EXECUTE A
UTILITY SERVICE AGREEMENT BETWEEN THE CITY OF CHESAPEAKE AND THE CITY
OF VIRGINIA BEACH WHEREBY VIRGINIA BEACH WILL PROVIDE WATER AND
SEWER SERVICES TO LOT 12 AND Z, BLOCK 3 AND LOT 1, BLOCK 1, CARRINGTON
AVENUE, CHESAPEAKE, VIRGINIA.
BE IT ORDAINED by the Council of the City of Chesapeake,
Virginia, that the City Manager and the City Clerk are hereby
authorized to execute a utility service agreement between the City of
Chesapeake and the City of Virginia Beach as follows:
WHEREAS, Lot 12 and Z, Block 3 and Lot 1, Block 1, of Carrington
Avenue in Chesapeake, Virginia are in need of municipal water and
sewer services; and
WHEREAS, Chesapeake does not currently have the facilities to
provide such services; and
WHEREAS, Virginia Beach is willing and prepared to provide such
water and sewer services to said lots.
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of
Chesapeake, Virginia, that the City Manager and the City Clerk are
hereby authorized to execute a utility service agreement between the
City of Chesapeake and the City of Virginia Beach, a copy of which
Agreement is attached, whereby the City of Virginia Beach will provide
water and sewer services to Lot 12 and Z, Block 3 and Lot 1, Block 1,
Carrington Avenue, Chesapeake, Virginia.
ADOPTED by the Council of the City of Chesapeake, Virginia, this
12th d,y of September 1989
A
or
"CVerk of th@ C6unEil
Chesapeake, Virginia, that the City Manager and the City Clerk are
hereby authorized to execute a utility service agreement between the
City of Chegapeake and the City of Virginia Beach, a copy of which
Agreement is attached, whereby the City of Virginia Beach will provide
water and sewer services to Lot 12 and Z, Block 3 and Lot 1, Block 1,
Carrington Avenue, Chesapeake, Virginia.
ADOPTED by the Council of the City of Chesapeake, Virginia, this
12th dav of September
A;H
ATTEST:
!y
CVerk of th@ C6iinc-il
City AttarneYs Office
CI(Y Of Chesapeake
tivic Center
P.O. Box 15225
Chesapeake, Virginia
23320-0225
V L,'
Ul
- 19 -
Item VI-0.4.
ORDINANCE ITEM # 32334
Upon motion by Vice Veyor Fen tress, second ed by C<)unc 1 l man He i sc hober, Cit y
Council ADOFRED:
Ordinance authorizing the City Vanager to execute
an agreernent to use approximately 20.05 acres at
Fort Story Military Reservation tor public
recreational purposes.
Voting: 9-0
Council Members Voting Aye:
Albert W. Balko, John A. BaLrn, Vice Veyor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, Reba
S. McClanan, John D. Moss, Veyor Meyera E. Oberndorf,
and Nancy K. Parker
Council W-mbers Voting Nay:
None
Council Members Absent:
John L. Perry and Wi I I ian D. Sessoms, Jr.
A vi
SIGNATURE
DEPARTMENT
APPROVED AS TO LEGAL
SUFFICIENCY AND F(,.R,M
CITY
1 AN ORDINANCE AUTHORIZING THE CITY
2 MANAGER TO EXECUTE AN AGREEMENT TO
3 USE APPROXIMATELY 20.05 ACRES AT
4 FORT STORY MILITARY RESERVATION FOR
5 PUBLIC RECREATIONAL PURPOSES
6
7
8 WHEREAS, the Department of Army has authority and is
9 willing to grant the City of Virginia Beach a license for thirty-
10 five (35) months from November 1, 1989 to September 30, 1992 to
11 use approximately 20.05 acres at Fort Story Military Reservation
12 for beach recreational purposes as set forth in the "Licensell
13 agreement attached hereto and incorporated by reference; and
14 WHEREAS, the use of the property shall be available to
15 the general public on Friday, Saturday and Sunday of each week
16 beginning on the Friday before Memorial Day and ending on Labor
17 Day of each year, and in addition, shall be made available on
18 Memorial Day, Independence Day and Labor Day of each year. The
19 use of the beach shall be restricted to the hours between sunrise
20 and sunset.
21 WHEREAS, the City Council desires for the public to have
22 access to and the utilization of as much beach for recreational
23 purposes as possible.
24 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE
25 CITY OF VIRGINIA BEACH, VIRGINIA:
26 That the City Manager is hereby authorized and directed
27 to execute the "License" agreement, a copy of which is attached
28 hereto and incorporated by reference.
29 Adopted by the Council of the City of Virginia Beach,
30 Vir inia, the 29 day of January 19 90
9
31
32 DSH/awj
33 12/13/89
34 CA-3576
35 Ftstory.Ord
36
DACA65-3-90-2
DEPARTMENT OF THE ARMY
LICENSE
FORT STORY MILITARY RESERVATION, VIRGINIA
The SECRETARY OF THE ARMY (hercinaftcr Sccretary) or duly authorizcd rcprcscntative under authority of
10 U.S.C. 2667 hcrcby granis to TIIE CITY OF VIRGINIA REACII, VIRGINIA, a liccnsc, for a period
of tliirty-five (35) months commcncing on I November, 1989 and ending 30 Scptcmbcr, 1992, but rcvocable at will
by thc Sccrctary of thc Army, to usc approximatcly 20.05 acrcs at Fort Story Military RcscrvaUon, Virgiiiia, for
bcach rccrcational purposcs as shown in rcd on Exhibit "A" (but cxcluding Lot C), attachcd hcrcto atid madc a part
hereof, and dcscribcd as follows:
Sec Exhibit "B"
THIS LICENSE is granted subjcci to thc following condifions:
1. That thc cxcrci.-,c of Lhc privileges hcrcby granted shall bc without cost or cxpcnse to the Unitcd States, undcr the
gcneral supcrvision and subject to Lhc approval of thc officer having immcdiate jurisdiction ovcr tllc propcrty,
hercinaftcr rcferrcd to as "said officcr," and subject also to such reguialions as may bc prrscribed by him froiii tiinc to
timc.
2. That any proprrty of thc Unitcd States damagcd or deslroycd by the ficenscc incident to thc exercisc of thc
privilcgrs hcrcin grantrd shall bc promptly rcpaircd or rcplaccd by the liccnsce to Lk satisfaction of Lhc ,,aid officcr,
or in lieu of such rcpair or rcplaccnicnl thc liccnsec shall, if so rcqtiircd by the said officer pay to the Unitcd Statcs
moncy in an amount sufficicnt to compensalc for thc loss sus(ained by thc UniLcd SLitcs I)y rcison of damagc to or
destrucfion of Govcrnment propcrty.
3. That thc United Statcs shall not be responsible for damagcs to propcrty or injuries to pcrsons which may arise
from or be incidcnt to the cxcrcisc of thc privilcgcs hcrcin grantcd, or for damagcs to Lhe propcrty of the licensce, or
for injuries to the pcrson of the licenwz, or for damages to dic 1)ropcrty or injuries to tlic pcrson of tl)c liccnsce's
officers, agcnls, scrvants, or cmployccs or others who may bc on said prcmi@ at Lhcir invitauon or ttic inviL'Ition of
any one of Lhcm, arising from govcmmcnual activilics on Llic said prcmiscs, an(i (tic liccnscc shall hold Llic Unitcd
States harmicss from any and all such claims, exccpt as pcrmittcd iindcr 28 U.S.C. 2671 ct. scq.
4. That, on or before the datc of expirafion of this liccnse or its rclinquisbment by the licensce, the liccnscc shall
vacatc thc said Govemment premiscs, rcmovc all propcrty of Lhe licensec therefrom, and rcstore thc premiscs to a
condiUon salisfactory to thc said officcr, damagcs bcyond thc control of the licenscc and duc to fair wcar and tcar
exccptcd. If, howevcr, Lhis licensc is rcvokcd, the licensec shall vacate the premises, rcmovc said property dicrcfrom.
and rcstorc thc prcmiscs as aforcsaid wilhin such fime as thc Sccrctary of thc Army may dcsignatc. In citlier evcnt, if
the licensce shall fail or ncglcct to remove said property and so restorc Lhc prcmises, Llien, at die option of thc
Secrciary of thc Army, said propcrty shall either I)ccomc thc propcrty of Lhe Unitcd States without compeiisation
Llicrcfor, or Lhc SccrcLary of Lhe Army may cause tlic propcrty to bc rcmovcd and thc premi.@s to be so rcstored at thc
cxpcnsc of the liccn@, and no claim for dunagcs against ttic Uni[cd States or its officcrs or agcnls stiall bc creatcd
by or made on account of such rcmoval and rcstorafion work.
5. That Lhc liccnsw shall pay thc cost, as determincd by Lhe said officer, of producing and/or supplying any utilities
and olher services fumishcd by the Govcmmont or through Govcmmcnt-owncd facilitic,,, for thc u,@ of the liccnscc,
including the licen@'s proportionatc sharc of the cost of opcration and mainicnancc of tllc Covcrnmciit-ownc(i
facilitics by wliicli such u6litics or.,;crvices arc prc)duccd or supplicd. -Me Govcmmcnt shall be ulldcr no obligitioll
to furnish utilities or services. Paymcnt shall be made in thc manner prcscribcd by the sai(i officer upon bills
rcndercd monthly.
6. That the Unitcd Statcs shall not bc rrsponsiblc for damages to propcrty or injuries to pcrsons which may arise
from or bc incidcnt to the construction, maintcnance, and usc of the facilities conslructcd by tlic licensw on tlic said
prcmiscs.
7. That Lhis license may bc terminatrd by thc liccnsee at any fime by giving to the Secrctary of the Anny, thro.gh
Lhc said officer, at ]cast ten (10) day'notice in writing.
8. That it is to be understood that this liccnse is cffcctive only insofar as thc rights of tlic Unitcd Statcs in Lhc
propcrty involved are concemcd, and Lhat the liccnscc shall obtain such pennission as may bc ncccssary on account
of any olhcr cxisting rights.
9. That usc of the property dcscribcd hcrein shall bc available to Lhc general public on Friday, Saturday and Sunday
of each wcck beginning on the Friday bcforc Mcmorial Day and cn(ling on Labor Day of rach ycar, an(] in ad(lifion,
the arcas shall bc madc available on Mcmorial Day, IndcPcndcncc Day and Lat)or Day of racii yeir. In flic cxcrcisc of
the privilcgcs hcrcin grantcd, on Lhc days statcd, dic liccnsec sliall rcslrict such u,,z tc) the li,,r, btwc,, sunrisc and
sunsct and shall causc thc prcmises to be sccurcd at sunsct and rcmain sccurcd betwccn titc liour., of unsct ,id
sunrisc.
10. That with thc exception of those days cnumeratcd above, the Government rcscrves Lhc right to use thc demi,@l
prcmises for training purposcs, and in the usc thcrcof, may construct cithcr tcmporary or pcrmancnt fixturcs as inay
bc rcquired for such training, said sLnictureS and/or f-jxturcs shall bc protectr-d by the liccn,-,Cc in accordancc with
Condition No. 2 abovc.
I 1. The licensee further agrecs that in the cvcnt of a militaly ncccssity and upon noticc by thc off-iccr having
immediatc jurisdicdon ovcr Fort Story to the City of Virginia Beach, that a military neccssity cxisls and that thc
arra is necdcd for a military purposc, to immcdiatcly take action to vacatc the prcmiscs and sccure thc arca from
u-,agc by Lhe public until notificd that Lhc ncccssity no longcr cxisls.
12. That thc licenscc understands that Lhc use hercin authori7,cd shall be for recrcational bathing beach purposcs only
and thc following restrictions shall be cnforccd; no surfboarding, brach or launching of boals atid no pets shall bc
aflowcd.
13. That thc licensce shall take all nonnal safety prccaulions in activitirs autliorized hcrein and shall providc at no
cost to the Govemmen4 adcquatr lifeguard supervision, togcthcr with movablc lifeguard towcrs, waming marking for
all dangcr points in tho water and suitable signs prohibiting thc usc of surfboards and watcrcraft, an(i shall takc
prccaufions to insurc a healthful and safe use of the area, including adcquatc sanitation and trash collection
rcceptaclcs.
14. The licensee agrces to protect, repair and maintain at no cost to the Govemmcnt the existing 6 foot high chain
link fence, prmndy located along the south and north boundarics of Area I and also agrccs to extend the north
boundary fencr in an castcrly direction to within 4 fcct of thc point whcre thc northem boundary mects ilic m,-in low
water linc of the Atianfic Ocean, of thc said area, said point to bc cstiblished by Lhc Dircctoratc of Enginccring an(]
Housing at Fort Story. Thc said fencc shall bc no Icss than 6 fcct high ajid no lcss than number cicvcn cliain link
with no morc Lhan 10 fcct bctwccn posls.
15. The licensee will maintain the split rail fencing including thc swinging polc type gatc at Lhc cnirancc to the
Area I parking IOL In addifion, the licensee will maintain split rail fencing on a porlion of threc sidcs of parking lot
B in Arca 2. "Me licenscc furthcr agrecs that the said fcnce shall bc maintainrd in good condition at all times and in
the cvcnt this license is tenninatcd by cithcr party at any time, thc said fcncc insiallrd by thc licensce shall bccomc
thc propcrty of the Govcmmcnt.
16. "Mat the liccnsce undcrstands that no concmions, whether opcratcd on bchalf of Lhe City or by private concems,
will t)c allowed or conducted on thc d=ribed tracl
17. That prior to the exercise of acdvity hcrcin authorizcd, the liccnscc will provide adcquate parking arcas in two
lots preparcd and main@ncd in Lbe following manner:
a. Lot "A" will bc provided within Arra No. 1. The arca prcscntly clearcd for parking usc will bc
maintained, rcpairrd, and kcpt in good condition tliroughout thc Lcrm of this liccnsc.
2
b. Lot "B" prescntly a gravcl parking arca of 34,800 squarc feet, will be provided within Arca No. 2.
Maintenancc and upkccp of thc parking arca shall be i(lentical wilh that re(juircd in Lot "A", Area 1.
c. Lot "C" is not includcd in this license.
18. Thc liccnsc or its contractors shall noL discriiiiinatc against any pcrson or pcrsons bccausc of ricc, crccd, color,
scx, national origifi, or pliysical or mcnlil haticlicap in tlie con(itict of iLs opcration hcrctin(icr. Thc licciiscc will
coxiiply with Title VI of dic Civil Riglits Act of 19(A (78 Sl;it. 24 1) ,ind Dcl).irtincni of Defctisc 13irectivc 55()0.] 1
issucd I)ijrsuant dicrcto and I)ublishc(i in Part 300 of Titic 32, Codc of Fc(Icral Rcgulations.
19. That at tho time of thc commcnccmcnt of tliis liccnse, tlic liccnsec, will obtain from a reput;iblc itisuraticc
company, acccptabic to thc Govcrn:ncnt, and carry liability or indoinnity instir,,incc provi(litig for a miniiiiiini Iiinils
of $300,(M pcr pcrson in atiy onc claiii), aii(i an aggrcgatc litnit of $5(X),OOO for any niiinbcr of 1)crsoiis oti cl;liills
arising from any one inci(Icnt with rcspcct to bo(lily injtirics or clcadi rcsulting flicrcfrotii, ati(i $50,()(X) for (lanilgcs
to propcrty suffcrcd or allcgc(l to liave bccn suffcrc,(l by any pcrson or pcrsotis rcsulting froiii tlic opcratioils of tlic
liccnscc undcr thc tcrins of tliis liccnsc.
Tiiis licensc is not subject to Title 10, Unitcd SLatcs Codc, Scction 2662, as amcndcd.
IN WITNESS WliEREOF, I liave hereunto set my hand by authority/dircction of thc Sccretary of Llic Army
this day of 19
ROBERT P. TURNER
Chicf, Real Estatc Division
Thc above inslrument, including all its coiiditions, is hereby acccptcd tliis day of
19
Signcd and scalcd in thc prcxnce of: CITY OF VIRGINIA BEACII
By:
Title:
AMP-OVED AS To CON i
SIG E
DEPARTME:
@PPROVED AS T,-'
3 SUFFICIENCY
s
CITY A
CERTIFICAT'E OF AUTHORITY
I, ccnify that I am
of the named herein; that who
signed that agrcemcnt on behalf of thc was the
of said that said agreemcnt was
duly signed for an on behalf of said by authofity of iLs govcming body and is
within the scopc of iLs corporatc powcrs.
(Official Title)
Recreatioii Use of 1--ort slory Bc!aclles
7@"O'E F
14"
rif
t@7 1-
ii 14'- ()7
EXHIBIT ""A'
PARCEL NO. 1
BEGINNING at a steel pin located 23-16 feet east of the center line of Atlantic
Avenue; thence, N 64' 08, E 1217.2 feet t to a point on or near th, lot4 water
line of the Atlantic Ocean, thence, S 07' 50' E 885.00 feet to a point o, r
near the low water line of the Atla,tic Ocean, and/or near the original property
lines of Fort Story Nlilitary Reservation; thence, S 75* 31' W 1082.00 f,et to
point 3S.4 feet east of the center line of Atlantic Avenue, and/or near the
original property line of Fort Story; thence, N 14- 07' W 457.50 feet to a steel
pin 22.66 feet east of the center line Of Atlanti, Avenue; thence, N IS' 23'
w 176.00 feet to the point of beginning containing 19.-'S acres +/- and being
shown in red on drawing entitled, "Recreation Use of Fort Story Beaches",
and marked Exhibit "A" attached hereto and made a part hereof.
PARCEL NO. 2
LOCATED on the we5t side of Atlantic Avenue, north of the water storage fence,
and east of a lake and bound and described as follows:
BEGINNING at a steel pin, 25 feet west of the center line of Atlantic Avenue,
and which bear5 N 79* 05' W 54.0 feet from Corner No. 5 of Parcel No. 1;
Lhence, running from the steel pin, and point of beginning, S 16' 20' E 100.00
feet to a steel pin, 25 feet west of the center line of Atlantic Avenue; thence,
S 13* 48' E 135.68 to a steel pin, 25 feet west of the center line of Atlantic
Avenue; thence, S 76' 16' W 183.65 feet to a steel pin, 1 foot north of a steel
fence post and approximately 20 feet east of a lake; thence, N 00@ 59' E 235.68
feet +/- to a steel pin, located 10 feet east of the lake; thence, N 72@ 40' E
119.45 feet running to the beginning and containing 34,800.00 square feet and
being shown in red on drawing entitled, "Recreation Use of Fort Story Beach@s",
and marked Exhibit "A" attached hereto and made a part hereof.
EXHIBIOT
- 20 -
Item VI-G.5.
ORDINANCE ITEM # 32335
Attorney R. J. Nutter, 11, 2809 South Lynnhaven Road, Phone: 431-3100,
represented the applicant
Edwin B. Lindsley, Jr., 317-C First Colonial Road, represented himself
Upon motion by Counci I man Voss, seconded by Councilman He i sc hober, City Counc i I
ADOFrED:
Resolution directing the City Attorney not to
appeal the decision of the Board of Zoning Appeals
re appl ication of Edwin B. Lindsley, Jr., for a
variance to allow relocation of a billboard on
Parcel B, KempsvilleHeights(KEMPSVILLE BOROUGH).
Voting: 10-0
Council Ntmbers Voting Aye:
Albert W. Balko, John A. Baun, Vice %yor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, Reba
S. McClanan, John D. Moss, Nbyor K@yera E. Oberndorf,
Nancy K. Parker and John L. Perry
Council Wmbers Voting Nay:
None
Council Vembers Absent:
William D. Sessoms, Jr.
1 A RESOLUTION DIRECTING THE CITY ATTORNEY
2 NOT TO APPEAL THE DECISION OF THE BOARD
3 OF ZONING APPEALS IN RE: APPLICATION OF
4 EDWIN B. LINDSLEY, JR., FOR A VARIANCE
5
6 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE
7 CITY OF VIRGINIA BEACH, VIRGINIA:
8 That the Office of the City Attorney is hereby directed
9 not to appeal the decision of the Board of Zoning Appeals in Re:
10 Application of Edwin B. Lindsley, Jr., for a variance.
11
12 Adopted by the Council of the City of Virginia Beach,
13 Virginia, on this 29 day of January 1990.
14
15
16
17 LLL/clb
18 01/22/90
19 CA-3615
20 LINDNO.RES
- 21 -
Item VI-G.6.
ORDINANCE ITEM # 32336
Upon motion by Councilman Heischober, seconded by Vice @yor Fentress, City
Council APPROVED, upon FIRST READING:
Ordinance to APPROPRIATE a $10,600 grant from the
Vir,ginia Co unc I I on the Environment; and , to
TRANSFER $7,066 required as the City's match from
the Planning Department's FY 1989-1990 Operating
Budget to be Lised for the continued developinent of
an environmental database.
Voting: 10-0
Council %mbers Voting Aye:
Albert W. Balko, John A. BaLin, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, Reba
S. McClanan, John D. Moss, Nbyor Wyera E. Oberndorf,
Nancy K. Parker and John L. Perry
Council Members Voting Nay:
None
Council %mbers Absent:
William D. Sessoms, Jr.
I AN ORDINANCE TO APPROPRIATE A $10,600 GRANT FROM THE
2 VIRGINIA COUNCIL ON THE ENVIRONMENT AND TO TRANSFER
3 $7,066 REQUIRED AS THE CITY'S MATCH FROM THE PIANNING
4 DEPARTMENT'S FY 1989-1990 OPERATING BUDGET TO BE USED
5 FOR THE CONTINUED DEVELOPMENT OF AN ENVIRONMENTAL DATABASE
6 WHEREAS, in the past, the City of Virginia Beach has received a grant
7 from the Virginia Council on the Enviroriment to acquire computer equipment and
8 software for the establishment of a citywide envirorunental data base;
9 WHEREAS, the City has applied for and received an additional grant
10 from the Virginia Council on the Envirorunent equaling $10,600 and requiring a
11 city match of $7,066;
12 WHEREAS, the total amount of $17,666 will be used to acquire
13 additional computer hardware and to hire temporary technical graphics staff in
14 order to accomplish required mapping and database development in conjunction with
15 the Chesapeake Bay Preservation Act;
16 WHEREAS, the $7,066 required as a city match is available from
17 various accounts within the Planning Department's FY 1989-90 Operating Budget.
18 NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
19 VIRGINIA BEACH, VIRGINIA
20 That the $10,600 Grant from the Virginia Council on the Environment
21 be accepted and appropriated and that $7,066 be transferred from the Planning
22 Department's FY 1989-90 Operating Budget to the Grants Consolidated Fund for the
23 development of maps and databases required by the Chesapeake Bay Preservation
24 Act;
25 BE IT FURTHER ORDAINED, that estimated revenues be increased by
26 $10,600 for receipt of a grant from the Virginia Council on the Environment.
27 This ordinance shall be effective from the day of its adoption.
28 Adopted on day of 1990
29 First Reading Januarv 29. 1990
30 Second Reading
- 22 -
Item VI-G.7.
ORDINANCE ITEM # 32337
The fol lowing spoke in SUPPORT of the Ordinance:
Linwood Branch, President of the Virginia Beach Hotel and Motel Association,
spoke in supportof the Ordinance
Bill Dillon, President of the Virginia Beach Chapter of the Virginia Restaurant
Association.
Bill Lawton, President of Forbes Candies and representative of the Resort
Retailers Association
Jimmy Capps, owner of the Breakers Fiotel
Mayor Oberndorf referenced the POSITION STATEMENT for Roger M. Pierce, Chairman
of the Board - Hampton Roads Chamber of Commerce- Virginia Beach Division, in
support o the appropriation. Said letter is herby made a part of the record.
Mayor Oberndorf read the letter frorn Councilman Sessoms expressing support of
increasing the Spring Tourism Advertising Budget. Said letter is hereby made a
part of the record.
Upon motion by Vice Wayor Fentress, seconded by Cc)uncilman Heischober, City
Council APPROVED upon FIRST READING:
Ordinance to APPROPRIATE $550,000 from the General
Fund Balance for the purpose of providing an
expanded Spring Tourism Advertising Program.
Voting: 10-0
Council Vembers Voting Aye:
Albert W. Balko, John A. BaLFn, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, Reba
S. McClanan, John D. Moss, Mayor %yera E. Oberndorf,
Nancy K. Parker and John L. Perry
Council Members Voting Nay:
None
Council Mgmbers Absent:
William D. Sessans, Jr.
I AN ORDINANCE TO APPROPRIATE $550,000 FROM GENERAL FUND
2 BAIANCE FOR THE PURPOSE OF PROVIDING AN EXPANDED SPRING
3 TOURISM ADVERTISING PROGRAM
4 WHEREAS, events and trends occurred during the 1989 tourist season
5 which impacted the competitiveness of Virginia Beach from a tourism and marketing
6 perspective;
7 WHEREAS, it is necessary to address these trends and events through
8 additional advertising efforts;
9 WHEREAS, it is in the city's interest to maintain the tourist
10 industry and be able to reflect the true Virginia Beach to all potential
11 visitors;
12 WHEREAS, the development and implementation of an expanded spring
13 tourism advertisement Program at a cost of $550,000 will be a step towards
14 accomplishing these goals;
15 WliEREAS, an appropriation of $550,000 is required from the General
16 Fund Balance.
17 NOW THEREFORE BE IT ORDAINED BY TEIE CITY C(JUNCIL OF THE CITY OF
18 VIRGINIA BEACH, VIRGINIA that $550,000 be appropriated Erom the General Fund
19 Balance for the purpose of establishing an expanded spring advertisement program;
20 AND BE IT FURTHER ORDAINED, that the City Mainager is authorized to
21 enter into contracts to establish and implement such a program.
22 Adopted on this day 1990.
23 This ordinance shall be effective from the day of its adoption.
24 First Reading: Taniiary 29 1990
25 Second Reading:
- 23 -
Item VI-H.I.
APPOINTMENTS ITEM # 32338
Upon NOMINATION by Councilwoman Henley, City Council REAPPOINTED:
THE PLANNING COUNCIL
Councilman William D. Sessoms, Jr.
(One year Term 4/1/90 - 3/31/91)
Voting: 10-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, Reba
S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf,
Nancy K. Parker and John L. Perry
Council Members Voting Nay:
None
Council Members Absent:
William D. Sessoms, Jr.
- 24 -
Item VI-H.2.
APPOINTMENTS ITEM # 32339
Upon NOMINATION by Councilman Balko, City Council NOMINATED FOR APPOINTMENT:
GROtm "A"
SOUTHEASTERN TIDEWATER OPPORTUNITY PROJECT, INC.
Dr. Ulysses V. Spiva
(Five-Year Term)
Voting: 9-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, John
D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker
and John L. Perry
Council Members Voting Nay:
None
Council Members Absent:
Reba S. McClanan and William D. Sessoms, Jr.
- 25 -
Item VI-H.3.
APPOINTMENTS ITEM # 32340
Upon NOMINATION by Councilwoman Parker, City Council APPOINTED:
SOtJTHEASTERN VIRGINIA PLANNING DISTRICT COMMISSION
Thomas M. Martinsen, Jr.
Deputy City Manager
(Three-Year Term 7/1/90 - 6/30/93)
Voting: 9-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, John
D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker
and John L. Perry
Council Members Voting Nay:
None
Council Members Absent:
Reba S. McClanan and William D. Sessoms, Jr.
- 26 -
Item VI-H.4.
APPOINTMENTS ITEM # 32341
BY CONSENSUS, City Council RESCHEDULED APPOINTMENTS:
VIRCINIA BEACH COMKUNITY DEVELDPMENT CORPORATION
- 27 -
Item VI-I.l.
UNFINISHED BUSINESS ITEM # 32342
ADD-ON
Dr. Edward E. Brickell, Chiarman and Dr. Harrison Wilson, Vice Chairman - Labor
Day Review Commission, were in attendance to distribute the FINAL REPORT OF THE
LABOR DAY REVEIW COMMISSION.
Dr. Brickell distributed twenty (20) copies to the City Clerk. One hundred
(150) copies are available in the Commission Office on Laskin Road and these
are planned for distribution on a "first come, first serve" basis.
Dr. Brickell recognized Members of the Commission in attendance during the City
Council Session: Dr. Harrrison Wilson - Vice Chairman, Dr. Mark L. Chadwin,
Mr. Jimmy Capps and Mrs. Janet Ballard.
Every word contained within the Report was agreed upon by Members of the
Commission on January 25, 1990; however, on Friday, January 26, 1990, a Member
of the Commission contacted Dr. Brickell advising of at least one word change
the Member felt should be made. Dr. Brickell declined to make the change
because he did not have the authority and all had agreed on Thursday evening.
- 28 -
Item VI-I.2.
UNFINISHED BUSINESS ITEM # 32343
ADD-ON
Janet Ballard, LABOR DAY REVIEW COMMISSION MEMBER, presented a Minority
Addendum to the Report.
Janet Ballard took issue with the report failing to include any comment on what
appears on the video tapes, willful and unwarranted beatings by some police of
individuals who were in no way engaged in the struggle at the time the pictures
were made. The report refers to this matter as "inappropriate force". While the
tapes do not show this behavior to have been widespread, it should not be
treated lightly and should be addressed specifically.
- 29 -
Item VI-J.1.
NEW BUSINESS ITEM # 32344
ADD-ON
BY CONSENSUS, City Council SCHEDULED a WORKSHOP for the February 5, 1990, City
Council Session to review the LABOR DAY COMMISSION REPORT
- 30 -
Item VI-K.l.
ADJOURNMENT ITEM # 32345
Upon motion by Councilman Baum and BY CONSENSUS, City Council ADJOURNED the
Meeting at 4:45 P.M.
Chief Deputy City Clerk
cmc Meye,. '. Obern
4t, M.Y.@
City Clerk
City of Virginia Beach
Virginia