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MARCH 30, 1987 MINUTES @f NTil7ggi@i" "WORLD'S LARGEST RESORT CITY" --R ROB.T G. ].IES, .1 .- ..-@ EYE- E. OB@-w@, -@T -0, -Y I I-ER, 281 C= HALL BUILDRNG MUNICIPAL CENTER j -E Ci@, 'l-, VIRGINIA BEACH, VIRGINIA 23456-9m (80414274303 VIRGINIA BEACH CITY COUNCIL AGENDA (R E V I S E D) 30, 1987 ITEM I. COONCIL SESSICTT - Confererice RoarL - 3: 00 PM A. CITY ITEM ii. INFO@ SESSICN - Conference - 3:30 PM A. CALL TO ORDER - Mayor Robert G. Jones B. F".T- CAIL OF CAJNCIL C. Cliy MANAGER'S Mu S 1. School Bc)ard Request Red Mill Fana Elenentary School 2. sale of 1987 Municioal Bc)nds 3. High-y Right-of-Way Acquisition C. Cral- Jr. D. MOTIGN TO RECESS INTO IVE SESSICN ITEM iii. p IICNS il s 6:45 PM A. ICN 1. American P--sc>ciation ol@ University Wcrnen Vkek B. CN IN 1. Roy R. Jackson C. ONS OF APPRE=ICN 1. VirgLnia Beach Ccnimmity @ust - Dr. Jams C. Windsor, Chairman 2. Lorrain(, Cald@ll ity Services Board 3. Rcber-t H. (iallis School Board 4. Richard -0. Foster Building Code of Appeals 5. Lawrencc@ L. Joyner Develo@nt Authority 6. Josepl-I @e Citizens Advisory ttee 7. qiaron D. Martin Camunity Services Board 8. J@,s V. @ll Pl@ing and Mechanical Appeals 9. @rris W. Shirley School Bc)ard 10. Carolyn Strickland ity Services Board ii. Ann Sugg ibusiryg Board of @als 12. Nontian W. Wilde Ccmnunity Services Bc)ard 13. Nick ',Iright Francis Elouse Board of Governors ITEM IV. FO@ @ION Chawbers - 7:00 PM A. IWOCATICN: @i Israel 7,obe@ l@forrn Jewish ODngragation B. OF ALLBG TO TUE F@ CF THE UNITL-D SFATES CF AMERICA C. NIC @l, CALL OF CITY CCUNCIL D. ADOEITICN OF ITEMS FOR THE FORMAL AGENDA E. 1. INFO@.and Fo@ SESSICNS - March 23, 1987 F. @C 1. @NG a. Application of G. E. and Regina @er for aL Conditiorial Use Permit for a sales and service of recreational vehicles, cars @ trucks on Lots 3 and 4, Milb= Manor, at 5632 Virginia Beach Boulevard containing 1.9 acre (Bayside Bc)rough). Reccmiendation: APP b. 4:,plication of Porter Crawford for a Cbnditional Use Permit for an aut@tive repair establislmnt on the west side of Highway Lane, 130 feet south of Virginia Beacl-i Boulevard, at 233 Highway Lane, containing 37,160 square feet (Lynnhaven Borough). Re@endation: APPROVAL c. Application of Robert M. Flanagan for a valriancc., to Section 4.4(b) of the Subdivision Ordinarice, @vhich requires lot d@nsions cc)nform to the @,rehens'@Ve Zoning Ordinance, on the north side of Scott Bend Lane, 150 f eet east of Oceana BoulevaLrd (Lynnhaven Borougn). Rec@ndation: DENIAL d. ordinance for the discontinuance, closure and abandoment of a por-tion of Marshview Drive beginnirq aLt the southern boundary of Preser-ve Drive and rluuiiiig in a southerly direction a di-stance of 100 feet, in the uetition of Curtis E. and Nancy C. Miite (Lynnhaven Borough). Rec@ndation: DENIAL G. RESD=ION 1. Resolution requesthi,3 that the Princess Ame Comty Courthouse be designated as an Historic Landmark. H. ORDINANCE 1. Ordinance to authorize BCND VALIDATICN suit to TRANSFFR $6,170,000 fxon Ocean Lakes Elementary School to Red Mill Fann F-1@ntary School and for otlier school related curposes. I. CONSENT AGENDA All rnatters listed under the Cbnsent Agenda are oorisidered. in the ordinary course of business by City ODuncil @ will be enacted by one mcytion in the form listed, If an item is r@ed frcm t:ne Consent Agenda, it will be discussed and voted ufon separately. 1. RFSCF=CN IN MEM@ a. lby R. Jackson 2. @LIJTIONS OF APPPECIATICN a. Virginia Beach Gcmunity Trust b. @rraine Caldwell ity Services Board c. Pobert H. Callis School Board d. Richard S. Foster 3uilding Code of Appeals e. Lawrence L. Joyner Developmnt Authority f. Jos,-,ph Loe Citizens Advisory c3mittee g. @aron D. -@in Cmmunity Services Board h. Jarnes V. Powell Pl@i-llg and @chanica-I Appeals i. -Norris W. @irley School Board j. Carolyn Strickland Ccmunity Sei--vices Board k. Ann Sugg Housing Board of Appeals 1. @rman W. lqilde @unity Services Board m. Nick Wright Etancis T@rid House Board of Governors 3. Resolution requestiiig t7ne Congressional Delegation, representing Vir,ginia @-ach @ the Congress of the Unit(@ States, to reauthorize the Federal Airpc)rt Improv@t Aid Progrzffn and to appropriate all the funds in the Airpor-t Trust @ for Airport LTprovements Programs. 4. ordinaiic(, to amend and reordain Section 2-120 of tlie Oz)de of the City of Virginia Beach, Virginia, pertaining to exte@ed sick leave. 5. Ordinance to arnend and reordain Section 23-31 of the Code of tlie City of Virginia Beacl-i pertaining to petit larceny. 6. Ordinance to arnend and reordain Section 5-9 of tlie Code of the City of Vircjinia Beach, Virginia, pertaining to nuisance s. 7. Ordinance upon FIRSR READING to appropriate $500.00 for tlie acquisition of aoproxitnately 0.5 acre of State owned residue ,Droperty. J. APPO 1. Military Liaison ttee 2. Ccean Lakes Fact Finding Ccmittee 3. Resort Area Advisc)ry ttee K. UNFINISHED BUSINESS L. NEW BUSMSS 1. FY 1987/SS OPERATIM BUDGER - City Manager, Th@s H. Muehlenbeck M. ADJ M I N U T E S VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia March 30, 1987 The CONFERENCE SESSION of the VIRGINIA BEACH CITY COUNCIL was called to order by Councilwoman Barbara Henley in the Conference Room, City Hall Building, on Monday, March 30, 1987 at 3:10 P-M- Council Members Present: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, John D. Moss, Nancy K. Parker and John L. Perry Council Members Absent: Mayor Robert G. Jones Vice Mayor Oberndorf was attending a VML Committee Meeting (ENTERED: 3:12) - 2 - C I T Y C 0 U N C I L C 0 N C E R N S ITEM # 27084 Councilman Moss advised he, accompanied by the City Manager, met with the Industrial Development Authority last week. Discussion relative these items will be SCHEDULED for an Executive Session. The Staff will present a Briefing cncerning same at a future date. ITEM # 27085 Upon arrival, Vice Mayor Oberndorf distributed peanuts as a gift from the Mayor of Waverly. Vice Mayor Oberndorf advised the Vice Mayor of Blacksburg, whose husband has worked for years at the Virginia Polytechnic Institute, complimented the new Director of Agriculture, Louis E. Cullipher, as one of the outstanding professionals in the State. ITEM # 27086 Vice Mayor Oberndorf and Councilwoman Parker complimented Councilwoman McClanan on the excellent article concerning she and her husband, Delegate Glenn McClanan, which appeared in the Virginian-Pilot Ledger Star on Slinday. The article was written by Mike Bass. ITEM # 27087 Councilman Baum referenced the CONFLICT OF INTEREST COMMITTEE. The City Attorney adised he had contacted Riichard Bridges who was participating in a lengthy trial but would call him tomorrow. Vice Mayor Oberndorf advised at the VIRGINIA MUNICIPAL LEAGUE Committee Meeting, the Attorney for the VIRGINIA MUNICIPAL LEAGUE advised that Virginia Beach's local Ordinance would no longer be in effect when the State Law goes into effect July First; however, Fairfax's Conflict of Interest Law wil stay in effect. The City Attorney advised he will report concerning same. ITEM # 27088 Councilwoman Parker referenced the SCHOOL SITE SELECTION COMMITTEE. Councilman Balko, Chairman of the SCHOOL SITE SELECTION COMMMITTEE, advised the various sites the School Administration were investigating relative a proposed site would be reviewed by the SCHOOL SITE SELECTION COMMITTEEE. A recommendation would be made to the School Board and then the School Board would accept or reject the site. Councilman Baum advised the SCHOOL SITE SELECTION COMMITTEE operates in a similar manner to the Planning Commission. Councilman Baum, Member of the SCHOOL SITE SELECTION COMMITTEE, advised the COMMITTEE has performed quite well but dislikes seeing every issue being continually examined. Councilman Moss requested the MINUTES of said Meetings be supplied to the Members of City Council as well as the SCHOOL BOARD. Councilman Balko advised all Meetings of the SCHOOL SITE SELECTION COMMITTEE were considered as EXECUTIVE SESSION. These MINUTES should be considered of a Confidential nature. Until this past month, the Meetings have been conducted weekly. - 3 - C I T Y C 0 U N C I L C 0 N C E R N S ITEM 27088 (Continued) Councilman Heischober inquired as to which department had the final approval concerning the choosing of a SCHOOL SITE. Under the present procedure, the Virginia Beach School Board has the final approval concerning a SCHOOL SITE. - 4 - ITFM # 27089 The INFORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL was called to order by Vice Mayor Meyera E. Oberndorf in the Conference Room, City Hall Building, on Monday, March 30, 1987, at 3:30 P.M- Council Members Present: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Absent: Mayor Robert G. Jones (ENTERED: 5:30 P.M.) - 5 - C I T Y M A N A G E R IS B R I E F I N G HIGHWAY RIGHT-OF-WAY ACQUISITION ITEM # 27090 The City Manager introduced C. Oral Lambert, Jr., Director of Public Works, who reiterated the City's RIGHT-OF-WAY ACQUISITION PROCEDURE: I. Project Identified - prioritized A. Master Steet and Highway Plan, Planning Commission, City Council B. Budget, CIP Process C. Public Hearing, Alignment/Location, Design II. Right-of-Way Acquisition Process (Subject to Council authorizing Ordinance) May begin at 55% plan completion III. Concurrent Actions A. Title Reports B. Appraisals C. Goodwill Contracts IV. Negotiation Contract (State Code 25-248) A. Offer to acquire must be based on appraisal. B. Agency shall make every reasonable effort to acquire property by negotiation. 1. Personal contact made with landowner - plats/plans explained to Landowner. City's offer to purchase property conveyed verbally and in writing. 2. Reasonable amount of time granted to owner to consider City's offer, with a follow up contract made. V. Closing A. Voluntary Agreement 1. Signed agreement of sale forwarded to City Attorney 2. City Attorney handles: Drawing deed which conveys property to City. Preparing deed of partial release (if necessary). Determines taxes due and payable Requisition and disbursement of funds. B. Refusal of City's Offer 1. Letter from Public Works/Real Estate to landowner (advises owner of Eminent Domain proceeding being initiated). 2. Memo To City Attorney requesting condemnation proceedings be started. 3. Owner notified by City Attorney of initiation of condemnation proceedings. - 6 - C I T Y M A N A G E R fS B R I E F I N G HIGHWAY RIGHT-OF-WAY ACQUISITION ITEM # 27090 (Continued) C. Oral Lambert, Jr., distributed SAMPLES of a "Goodwill" Letter, Initial Offer Letter, Request to Law Department to initiate Condemnation Proceedings and "Notice of Condemnation" Letter from Real Estate. (Said SAMPLES are hereby made a part of the record.) James C. Lawson, Real Estate Agent, reiterated the citizens are advised to hire an attorney to assist in negotations with the City. Memorandum from Jay A. Richardson, Assistant City Attorney, to C. Oral Lambert, Jr., Director of Public Works concerning the Acquisition of Property for Public Use is hereby made a part of the record. Assistant City Attorney Jay Richardson responded to City Council's inquiries. City Council may establish guidelines as long as within the statutory limits. Concerning Condemnation, the City only files for CONDEMNATION on approximately 10% of all attempted acquisition. Of this 10%, the majority is settled before Court proceedings are initiated. In the instance of unclear title where only one remaining heir is residing in the house, the City is foreed to begin condemnation. C. Oral Lambert displayed a graphic depicting some of the more typical situations in acquiring right-of-way. In response to Councilman Moss's inquiry, if the appraiser does not feel the house is damaged to the extent that same may be purchased, the City might not be able to do so. Councilman Baum advised the damages to the landowner were usually greater than reflected by the appraiser. Councilman Baum believed the parcels on General Booth Boulevard have resulted in an impossible situation. The City should have purchased same and developed a park. Vice Mayor Oberndorf requested, in the interest of making the process more understandable, a time outline should be presented to the property owner. Councilman Baum requested, in addition to the Planning Commission, the City Council also receive a copy of the CONDEMNATION PROCEEDINGS, damages paid and whether or not they objected to same. The staff will include in their Policy Outline consideration of reimbursing the individual property owners for their expenses. - 7 - C I T Y M A N A G E R 'S B R I E F I N G SCHOOL BOARD REQUEST RED MILL FARM ELEMENTARY SCHOOL AND SALE OF 1987 MUNICIPAL BONDS ITEM # 27091 The City Manager advised the Staff had prepared a map depicting the RED MILL FARM and OCEAN T-AKES and reflecting Upton Drive, a major section of which has not been constructed. Representatives from the SCHOOL SITE SELECTION COMMITTEE and the Virginia Beach School Board were in attendance: Dr. E. E. Brickell, Superintendent; Carlton Bowyer, Assistant Sueprintendent; James N. Fletcher - Chairman, School Board; Robert W. Clyburn, Vice Chairman of the School Board; Gerald G. Gibbs - School Board (School Site Selection Commmittee); A. Andrew Ege - School Board (School Site Selection Committee) ; Barbara Ferguson - Planning Commission (School Site Selection Committee) and Howard S. Myers - Planning Commission (School Site Selection Committee). The recommendation for the RED MILL FARM ELEMMTARY SCHOOL was developed through the efforts of the SCHOOL SITE SELECTION COMMITTEE and believed to be the best recommendation. With reference to the OCFAN LAKES SITE, A. Andrew Ege advised it was deterimned unanimously that two schools could not be located in this vicinity because of drainage problems and the soil not maintaining the weight. A. Andrew Ege further advised the RED MILL site was feasible for a double school and was a more efficient use of the money and property and the City still had time in the future to explore the possible use of the OCEAN LAKFS SITE. Revised Figures - 1987 Bond Sale, Calendar for 1987 Bond Sale, Proposed School Bond Sale from 1986 Referendum, Proposed Street & Highway Sale from 1986 Referendum, and SUMMARY of $24,100,100 CHARTER BOND ISSUE 1986 AUTHORIZATION were distributed to City Council (Said copies are hereby made a part of the record). The RED MIIJ, FARM ELEMENTARY SCHOOL is needed for the Fall of 1988. The 43-acre site (OCEAN LAKES) is not sufficient for a High School. An elementary school could be placed here; however, the aforementioned underlying problems would still exist. The HRSD Plant in July 1987 will commence their odor abatement program. This abatement program will cost approximately $12-to $15-MILLION. HRSD has now decided they would be interested in swaps which accompanied by the odor abatement program does indicate a positive aspect. The SITE SELECTION COMITTEE was prompted to advise the construction of the RED MILL SCHOOL which would immmediately solve the situation relative to OCEAN T-AKFS and would afford time for the negotiations with HRSD to be affected and possibly a Senior High Site could then be constucted in this vicinity. The City Attorney distributed a Resolution which replaced the Ordinance to Authorize a BOND VALIDATION SUIT. Bond Counsel concluded the wording of the Ordinance should be changed and the action could probably be by Resolution rather than by Ordinance. Carlton Bowyer advised the additional acres at RED MIIJ, would be approximately $350,000. The Projected Cost for construction and contingencies, exclusive of land acquisition, was $9,764,000. The Total Projected Cost, with the land acquisition, would be $10,114,000 (Rounded off to $10.2-MILLION). The Resolution shall be AMENDED on lines 22 and 32 to reflect a reduction in the amount from $6,170,000 to $4,319,000. On line 21, the word "thell after the word I'designatell shall be deleted. - 8 - ITEM # 27092 Mayor Jones entertained a motion to permit City Council to conduct its EXECUTIVE SESSION pursuant to Section 2.1-344, Code of Virginia, as amended, for the following purposes: 1. PERSONNEL MATTERS: Discussion or consideration of employment, assignment, appointment, promotion, performance, demotion, salaries, disciplining or resignation of public officers, appointees or employees. 2. PUBLIGLY HELD PROPERTY: Discussion or consideration of the condition, acquisition or use of real property for pubiic purpose, or of the disposition of publicly held property, or of plans for the future of an institution which could affect the value of property owned or desirable for ownership by such institution. 3. LEGAL MATTERS: Consultation with legal counsel or briefings by staff members, consultants or attorneys, pertaining to actual or potential litigation, or other legal matters within the jurisdiction of the public body. Specific items of business on the City Council agenda that were discussed in Executive Session: III-1.4,5,6. Upon motion by Councilman Heischober, seconded by Councilman Fentress, City Council voted to proceed into EXECUTIVE SFSSION. Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent: None 9 Item III-A. PROCLA14ATION ITEM 27093 Mayor Jones PROCLAIMED March 8-14, 1987 as: AMERICAN ASSOCIATION OF UNIVERSITY WOMEN WEM Vice Mayor Meyera E. Oberndorf, a Member of the AMERICAN ASSOCIATION OF UNIVERSITY WOMEN, read and PRESENTED said PROCLA14ATION. This PROCLAMATION was AGOEPTED by Diana Close, President of the AMERICAN ASSOCIATION OF UNIVERSITY WOMEN. This PROCLAMATION recognized the AMERICAN ASSOCIATION OF UNIVERSITY WOMEN as an organization dedicated to education. WHEREAS, the knerican Association of University Women has existed in Virginia Beach for over twenty-nine years; and WHEREAS, the American Association of University women is an organization dedicated to education; and WHEREAS, the American Association of University Women supports the advancement of women, involvement in community issues and lifelong learning; and WHEREAS, the American Association of University Women serves as a means for women to be effective participants in the areas where crucial issues are being decided; and WHEREAS, the Arnerican Association of University women is going into its 62nd year as a state organization and is into the second century as a national Association; and WHEREAS, the Arnerican Association of University Women celebrates its heritage in conjunction with National Women's History Month. NOW, THEREFORE, I, Robert G. Jones, Mayor of the City of Virginia Beach, Virginia, do hereby proclaim March 8-14, 1987 as: CAN ASSOCIATION OF UNIVERSITR m m in the City of Virginia Beach and urge all citizens to recognize the importance of this observance. IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of the City of Virginia Beach to be af fixed this third day of March, nineteen hundred and eighty-seven. Ro@rt@ Mayoi 10 - Item III-A.2 PROCLAMATION ITEM # 27094 ADD-ON Mayor Robert G. Jones PROCLAIMED the week of April 5-12, 1987, as: KNIGHTS OF VIRGINIA ASSISTING RETARDED WEEKEND Councilman Albert Balko read and PRESENTED this PROCLAMATION to Jim Burke, Knights of Columbus. This PROCLAMATION urged all citizens to suport the worthy efforts of KOVAR as they donate their time and energy to raise money for the retarded. MARCH 30, 1987, AGENDA ADD ON undea "Pte6e@o"" Al rortamation WHEREAS, each year the Knights of Columbus of virginia conduct a campaign to raise funds for the mentally retarded citizens of Virginia, using candy as their vehicle; and WHEREAS, their organization, KOVAR, the Knights of Virginia Assisting Retarded, deserves much credit for this worthy effort. NOW, THEREFORE, I, Robert G. Jones, Mayor of the city of Virginia Beach, Virginia, do hereby proclaim the week of April 5-12, 1987, as KNIGHTS OF VIRGINIA ASSISTING RETARDED WEEKEND in Virginia Beach and urge all citizens to support the worthy efforts of KOVAR as they donate their time and energy to raise money for the retarded. IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of the City of Virginia Beach to be affixed this third day of March, nineteen hundred and eighty-seven. R@b G. ones 7 Ma Item III-B.1 RESOLUTION IN MEMORIAM ITEM 27094 Mayor Robert Jones PRESENTED a RESOLUTION IN MEMORTAM: Roy R. Jackson Councilwoman Barbara Henley read and PRESENTED said RESOLUTION IN MEMORIAM to Ann Jackson Henry, his daughter. Roy R. Jackson often gave the Invocation at Formal Sessions of City Council, both scheduled and in the stead of another minister who could not meet his commitment. The last occasion was on July 1, 1986, for the reorganization of this governing body. - 12 - Item III-C.1 RESOLUTION IN RECOGNITION ITE14 # 27095 Mayor Robert Jones PRESENTED a RESOLUTION IN RECOGNITION to: THE VIRGINIA BFACH COMMUNITY TRUST Burke W. Margulies, Chairman, VIRGINIA BEACH COMMUNITY TRUST, ACCEPTED this RESOLUTION. James C. Windsor, Ed.D, Chairman of the Department of Mental Health and Mental Retardation, presented the BOARD's FIRST ANNUAL AWARD for PUBLIC/PRIVATE initiative to the VIRGINIA BEACH COMMUNITY TRUST PROGRAM. A letter from Governer Baliles was also presented to Mayor Jones. This RESOLUTION recognized the VIRGINIA BEACH COMMUNITY TRUST as a program designed to enable families to provide for the future of their disabled children. - 13 - Item III-C.2/13- RESOLUTIONS OF APPRECIATION ITEM # 27096 Mayor Robert G. Jones PRESENTED RESOLUTIONS OF APPRECIATION to: Larraine Caldwell Community Services Board Robert H. Callis School Board Richard S. Foster Building Code of Appeals Lawrence L. Joyner Development Authority Joseph Lee Citizens Advisory Committee Sharon D. Martin Community Services Board James V. Powell Plumbing and Mechanical Appeals Norris W. Shirley School Board Carolyn Strickland Community Services Board Ann Sugg Housing Board of Appeals Norman W. Wilde Community Services Board - 14 - Item III-C-14 ADD-ON ITEM # 27097 The City Clerk read the PROCLAMATIONS PRESENTED for the Month of March: Youth Art Month March 2-7 Foreign Language Week March 6 World Day of Prayer March 16-20 School Social Work Week March 17 Kellye Cash Day March 17 Daffodil Days March 20-22 Girls & Women in Sports Week March 30-April 5 - 1 5 - F ORM A L S E S S ION VIRGINIA BEACH CITY COUNCIL March 30, 1987 7:12 P.M. Mayor Robert G. Jones called to order the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the Council Chambers, City Hall Building, on Monday, March 30, 1987 at 7:12 P.M. Council Members Present: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Absent: None INVOCATION: Rabbi Israel Zoberman Reform Jewish Congregation PLEDGE OF ALLFIGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA - 16 - Item IV-C.L ANNOUNCEMENT ITEM # 27098 ADD-ON Mayor Robert G. Jones RECOGNIZED BOY SCOUT TROOP #61 from GALILLEE EPISCOPAL CHURCH and their Scoutmaster, Jim Casey. - 17 - APPROVAL OF ITEMS FOR THE FORMAL AGENDA Item III-D.1 ITEM # 27099 Councilman Heischober referenced the Resolution authorizing the City Attorney to file a BOND VALIDATION SUIT to transfer $4,319,000 designated for an elementary school in the OCEAN LAKES area to the RED MILL ELEMENTARY SCHOOL for the purpose of expanding and enlarging the site and facility. This Resolution will replace the Ordinance forwarded in City Council's REVISED AGENDA. BY CONSENSUS, with the exception of Councilwoman McClanan's VERBAL NAY Vote, City Council ADOPTED the ITEMS FOR THE FORMAL AGENDA. Councilwoman McClanan requested at each City Council Meeting, her vote on this particular item be recorded as a VERBAL NAY. 1 8 Item III-E.l. MINUTES ITEM # 27100 Upon motion by Councilman Heischober, seconded by Vice Mayor Oberndorf, City Council APPROVED the MINUTES of the INFORMAL & FORMAL SESSIONS of March 23, 1987, as AMENDED: ITEM # 27067, Page 22 ORDINANCES UPON APPLICATION OF VIRGINIA ELECTRIC AND POWER COMPANY AND STEPHEN L. AND MARY E. MILLER FOR A CHANGE OF ZONING AND CONDITIONAL USE PERMIT. Condition No. 2 shall be Amended on line 12 by deleting the word "If" before the words "a chain link fence is required,...." @A chain link fence is required, Virginia Power shail insure that it will not be visible to the neighbors, and that it will be placed inside the eight-foot (81) solid fence and all barbed wire shall be installed below the eight-foot (81) level. Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent: None - 19 - Item IV-F.l.a-d PUBLIC HEARING PLANNING ITEM # 27101 Mayor Jones DECLARED a PUBLIC HEARING on: PLANNING IT@ a. G. E. and RFGINA SNYDER CONDITIONAL USE PERMIT b. PORTER CRAWFORD CONDITIONAL USE PERMIT c. ROBERT M. FLANAGAN VARIANCE d. CURTIS E. AND NANCY C. WHITE STREET CLOSURE - 20 - Item IV-F.l.a. PUBLIC HEARING PLANNING TTEM # 27102 G. E. Snyder, the applicant, represented himself, and advised Councilwoman Parker he would adhere to the sign Ordinance and would NOT request the Board of Zoning Appeals to request variances to said sign Ordinance or relative the landscaping and set back rerequirements. Upon motion by Councilman Perry, seconded by Councilman Heischober, City Council ADOPTED an Ordinance upon application of G. E. AND REGINA SNYDER for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF G. E. & REGINA SNYDER FOR A CONDITIONAL USE PERMIT FOR SALES AND SERVICE OF RECREATIONAL VEHICLES R03871026 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of G. E. & Regina Snyder for a Conditional Use Permit for sales and service of recreational vehicles, cars and trucks, on Lots 3 and 4, Milburn Manor. Said parcel is located at 5632 Virginia Beach Boulevard and contains 1.9 acres. BAYSIDE BOROUGH. The following conditions shall be required: 1. A 5-foot reservation of right-of-way and a 2-foot temporary construction easement are required along the frontage on Virignia Beach Boulevard as per plan sheet 4 of the Virginia Beach Boulevard Project 0058-134-101, PE-101, C-501, parcel 008. 2. A 10-foot landscaping strip is required along this site's frontage on Virginia Beach Boulevard with landscaping as specified in Secton 5A.5 of the Site Plan Ordinance. This Ordinance shall be effective upon the date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Thirtieth day of March, Nineteen Hundred and Eighty-seven. As per Councilman Moss's request, the City Attorney will advise City Council concerning whether it would be proper to ask the applicant to WATVE the right to request a VARIANCE of the BOARD OF ZONING APPEALS. - 21 - Item IV-F.l.a. PUBLIC HFARING PLANNING ITEM # 27102 (Continued) Voting: 10-1 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: Reba S. McClanan Council Members Absent: None - 22 - Item IV-F.l.b. PUBLIC HEARING PLANNING ITEM # 27103 Attorney Bill Drinkwater represented the applicant Upon motion by Councilman Balko, seconded by Councilman Heischober, City Council ADOPTED an Ordinance upon application of PORTER CRAWFORD for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF PORTER CRAWFORD FOR A CONDITONAL USE PERMIT FOR AN AUTOMOTIVE REPAIR ESTABLISHMENT R03871027 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Porter Crawford for a Conditional Use Permit for an automotive repair establishment on the west side of Highway Lane, 130 feet south of Virginia Beach Boulevard. Said parcel is located at 233 Highway Lane and contains 37,160 square feet. Plats with more detailed information are avaialble in the Department of Planning. LYNNHAVEN BOROUGH. The following conditions shall be required: 1. Category II screening along the southern property line. 2. Hours of operation are to be restricted from 8:00 a.m. to 5:30 P.m- Monday through Friday and from 8:00 a.m. to 1:00 p.m. on Saturday. 3. There will be no outside repair of motor vehicles and no outside storage of motor vehicles or equipment. 4. The existing dumpster is to be screened from view. 5. The parking lot is to be resurfaced w.ith gravel. 6. Remove junk from property to maintain clean premises. 7. Approval is for a period of three (3) years. This Ordinance shall be effective upon the date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Thirtieth day of March, Nineteen Hun seven. - 23 - Item IV-F.l.b PUBLIC HEARING PLANNING ITEM # 27103 (Continued) Voting: 8-3 Council Members Voting Aye: Albert W. Balko, John A. Baum," Robert E. Fentress, Harold Heischober, Barbara M. Henley,* Mayor Robert G. Jones," Vice Mayor Meyera E. Oberndorf and John L. Perry Council Members Voting Nay: Reba S. McClanan, John D. Moss and Nancy K. Parker" Council Members Absent: None *Verbal Vote - 24 - Item III-F.l.c PUBLIC HFARING PLANNING ITEM # 27104 Robert Flanagan, the applicant, represented himself and advised he had agreed to install a storm drainage 3YStem. A minimal number of trees shall be removed and he has agreed to install a privacy fence and trees along the property of the adjacent residents, the Holts. Mr. Flanagan extended this invitation to any property owners whose property would border the new lots so their privacy would not be jeopardized by the new construction. Improvments include the extension of a City street and the upgrading of neighborhood lighting at an estimated cost to be incurred by the applicant of $31,000. E. T. Holt, adjacent property owner (321 Scott Lane 428-7385), spoke in opposition and asked the Members of the neighborhood present in the audience and in opposition to stand Upon motion by Councilman Balko, seconded by Councilman Fentress, City Council DENIED an application of ROBERT M. FLANAGAN for a Variance to Section 4.4(b) of the Subdivision Ordinance. Appeal from Decisions of Administrative Officers in regard to certain elements of the Subdivision Ordinance, Subdivision for ROBERT M. FLANAGAN. Said parcel is located on the north side of Scott Bend Lane, 150 feet east of Oceana Boulevard. Plats with more detailed information are available in the Department of Planning. LYNNHAVEN BOROUGH. Voting: 10-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Abstaining: Robert G. Jones Council Members Absent: None Mayor Robert G. Jones ABSTAINED as he has represented Robert M. Flanagan on prior occasions. - 25 - Item IV-F.l.d. PUBLIC HEARING PLANNING ITEM # 27105 Curtis White, the applicant, represented himself and requested DEFERRAL as the Department of the Navy is no longer in OPPOSITION to said Street Closure. Letter from Frances M. Hoover, Head - Operations Branch - Real Estate Division - Department of the Navy - citing the Navy's acceptance of the Street Closure is hereby made a part of the record. Upon motion by Councilman Balko, seconded by Councilman Fentress, City Council DEFERRED for sixty (60) days until the City Council Meeting of June 1, 1987, an Ordinance for the discontinuance, closure and abandonment of a portion of Marshview Drive upon applicatiin of CURTIS E. AND NANCY WHITE. Application of Curtis E. & Nancy C. White for the discontinuance, closure and abandonment of a portion of Marshview Drive beginning at the southern boundary of Preserve Drive and running in a southerly direction a distance of 100 feet. Said pracel is 50 feet in width and contains 5000 square feet. Plats with more detailed information are available in the Department of Planning. LYNNHAVEN BOROUGH. As per the request of Councilwoman Henley, the Viewers shall make a new report to City Council, as the Navy no longer objects to this closure. Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress," Harold Heischober, Barbara M. lienley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent: None *Verbal Aye - 26 - Item IV-G.l. RESOLUTION ITEM # 27106 Upon motion by Councilwoman McClanan, seconded by Vice Mayor Oberndorf, City Council ADOPTED: Resolution requesting that the Princess Anne County Courthouse be designated as an Historic Landmark. Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry* Council Members Voting Nay: None Council Members Absent: None *Verbal Aye - 26a - 1 Requested by: Councilwoman Reba McClanan 2 3 4 A RESOLUTION REQUESTING THAT THE 5 PRINCESS ANNE COUNTY COURTHOUSE BE 6 DESIGNATED AS AN HISTORIC LANDMARK 7 8 9 WHEREAS the spirit and direction of the Nation, the 10 Commonwealth and this City are founded upon and reflected in 11 their historic past; and 12 WHEREAS, our historical and cultural foundations should 13 be preserved as living parts of our community life and develop- 14 ment and as monuments to and reminders of our heritage; and 15 WHEREAS, the Princess Anne County Courthouse, because 16 of its great historical, architectural and cultural significance, 17 represents and stands as such a monument to and reminder of the 18 heritage of the people of this City, the Commonwealth and the 19 Nation; 20 NOW, THEREFORE, it being the sense of the City Council 21 that the Princess Anne County Courthouse should be designated as 22 a historic landmark of the Commonwealth and the Nation, 23 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF 24 VIRGINIA BEACH, VIRGINIA, that the Virginia Historic Landmarks 25 Board is hereby requested to designate the Princess Anne County 26 Courthouse as an historic landmark and to include it in the 27 register of historic landmarks of the Commonwealth; and 28 BE IT RESOLVED FURTHER, that the Secretary of the 29 Interior of the United States of America is hereby requested to 30 designate the said Courthouse as a National Historic Landmark and 31 to include it in the National Register of Historic Places. 32 And to that end, the Director of General Services of 33 this City is hereby authorized and directed to undertake all 34 measures necessary or advisable for the accomplishment of the 35 object of this Resolution. 36 - 26b - 37 Adopted by the Council of the City of Virginia Beach, 38 Virginia, on the 30 day of March , 1987. 39 WMM/lmt 40 03/10/87 41 CA-86-02187 42 \Ordin\Proposed\landmark.res 2 - 27 - Item IV-H.1 RESOLUTION ITEM # 27107 ADD-ON Rae H. LaSesne, represented himself as a resident of Virginia Beach for seventeen years and requested the citizens be clearly informed of this issue. Upon motion by Councilman Heischober, seconded by Councilman Fentress, City Council AODPTED, as RKVISED: Resolution authorizing the City Attorney to file a bond validation suit to transfer $4,319,000 designated for an elementary school in the OCEAN T-AKFS area to the RED MILL ELEMENTARY SCHOOL f or the purpose of expanding and enlarging the site and facility. Voting: 8-2 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss and Vice Mayor Meyera E. Oberndorf Council Members Voting Nay: Barbara M. Henley and Nancy K. Parker Council Members Absent: John L. Perry 27a - 2 3 The regular meeting of the Council of the City of 4 Virginia Beach, Virginia, was held in the Council Chambers, 5 Administration Building on Monday, March 30, 1987 at 7:00 p.m. 6 On Motion of Councilperson Heischober 7 and seconded by Councilperson Fentress the 8 following Resolution was adopted. 9 PESOLUTION 10 WHEREAS, on the 28th day of August, 1986, the Council 11 of the City of Virginia Beach, Virginia authorized the issuance 12 of school bonds of the City of Virginia Beach, Virginia in the 13 maximum amount of $32,310,000 for the continued development of 14 its school system, including site acquisitions and construction, 15 enlargement, renovation and equipping schools and related 16 facilities including but not limited to $6,170,000 for an 17 elementary school to serve Ocean Lakes and $5,881,000 for an 18 elementary school to serve Red Mill; and, 19 WHEREAS, the School Board has determined that it is not 20 economically feasible to build an elementary school in the ocean 21 Lakes area and has requested the Council to designate $4,319,000 22 for an elementary school in the Ocean Lakes area to expand and 23 enlarge the Red Mill Farm Elementary School site and facility to 24 serve an expanding area including the Ocean lakes area; and 25 WHEREAS, the Council concurs in such recommendation of 26 the School Board. 27 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE 28 CITY OF VIRGINIA BEACH, VIRGINIA: 29 That the City Attorney is hereby authorized to cause to 30 be filed a bond validation suit for the purpose to have 31 transferred $4,319,000 designated for an elementary school in the 32 Ocean Lakes area to the Red Mill Elementary School for the 33 purpose of expanding and enlarging the site and facility. 34 Adopted by the Council of the City of Virginia Beach, 35 Virginia, on the 30 day of March 19 87 36 37 38 39 40 - 27b - 1 2 3 4 5 JAR/ih 6 0 3/27 /87 7 3 / 30 / 87 8 Redrill.ord 9 CA-87-2210 2 - 28 - Item IV-I. CONSENT AGENDA ITEM # 27108 Upon motion by Counclwoman Parker, seconded by Councilman Baum, City Council APPROVED in ONE MOTION Items 1, 2, 3, 4, 5, 6 and 7. Voting: 10-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf and Nancy K. Parker Council Members Voting Nay: None Council Members Absent: John L. Perry - 29 - Item IV-I.l.a RESOLUTION ITEM # 27109 Upon motion by Councilwoman Parker, seconded by Councilman Baum, City Council ADOPTFD: RESOLUTION IN MEMORIAM Roy R. Jackson Voting: 10-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf and Nancy K. Parker Council Members Voting Nay: None Council Members Absent: John L. Perry RESCLUTICN IN ME14ORIM TO ROY R. JACKSON Sanetimes in the forest, the tall@ trees fall. l"or every tree there is a brarich that reaches out and plants a sced of life. A drop of rain caught in the leaf-cup of a lilac flashes in the sunlight with a splendc)r that outshines the glistening jewels of a monarch; : In the course of our lives, there are many people who attain f@ and @lth for their activities relating to their fellowmn. 'Ihere are many who render such services at great personal sacrifice, who are quiet and massuning in their mode of life and place rnore value on the ccmfort and @ll-being of others than on praise or wealth. It is to one of these people tliat @s of the V@inia Beadi City (buncil take this neans to pay tribute: ROY R. JACKSCN often gave the Invocation at Eb@ Sessions of City Council, both scheduled and in the stead of another minister who could rx)t meet his @t. 'Ihe last occasion was on July 1, 1986, for the reorganization of this gaveming body. His dedication to his ccrmunity and to his profession as a minister ccmplemen-Led his terrific personality and willingness to serve in any capacity. ROY R. @ was born in 1905 in @shington, the capital of our nation, he c@ to Virginia Beach in 1921 where his father, Captain W. B. Jackson, was the Ofl-icer-In@ge at the State Rifle Range (Camp Pendleton). He married Arnie Overstreet Godfrey, a native of Princess Ame County, and they had a daughter, Anne, who is now Anne Jackson Henry, a very active and dedicated citizen in Virginia Beadi. Vhen Mr. Jackscn retired frcm the Federal Goverruent as a Postal Inspector, he @nt into full-tirw ministry and pastored the charge of Beach Grave and Bethel United Methodist Churches. His dedication to others was acknowledged by his appointment to the Board of Directors of the Roper wherr-@ he served long and diligently. Reverend Jackson also served as a Scout Master and uorked with the Boy Scouts of @rica many years. He possessed a most @rtant qliality@ne of sincere personal concern, ccnipassion and love for his fellow h@ beings. Not a day went by that he did not make scme contribution to h@ity. Society exists only because of @se who lead and tliose wlio follcw. Revererid Jackson was a man among @, a gentl@ amorxg gentlenen. He was truly a leader and a citizen of high esteem and great reg@. NOW, RE, BE IT RESCLVED: 'lhat the Virginia Beach City Oc)uncil pauses in its deliberations to pay tribute to the memory of ROY R. JACKSON Given urider my haridand seal, this 'Ihir-tieth day of March, Nin@,teen @red and Eighty-Seven mayor - 30 - Item IV-I.2.a/m. CONSENT AGENDA ITEM # 27110 Upon motion by Councilwoman Parker, seconded by Councilman Baum, City Council ADOPTED: RESOLUTIONS OF APPRECIATION Virginia Beach Community Trust - Dr. James C. Windsor, Chairman Larraine Caldwell Community Services Board Robert H. Callis School Board Richard S. Foster Building Code of Appeals Lawrence L. Joyner Development Authority Joseph Lee Citizens Advisory Committee Sharon D. Martin Community Services Board James V. Powell Piumbing and Mechanical Appeals Norris W. Shirley School Board Carolyn Strickland Community Services Board Ann Sugg Housing Board of Appeals Norman W. Wilde Community Services Board Nick Wright Francis Land House Board of Governors Voting: 10-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf and Nancy K. Parker Council Members Voting Nay: None Council Members Absent: John L. Perry PESOLUTION IN PBOOGNITION 'Ihe VIIGINIA BEACH TY TRLJST is a program design,-,d to enable families to provide for the future of their disabled children; : This program has demnstrated effectiveness in providing an alternative, to L-@lies in assuring the future care of their children and currently serves over thirty families in the Virginia Beach area; : Virginia Beach Ccmunity @ust is an excellent exwple of a private/public partnership in prov-iding for the future needs of mentally disabled citizens; : This progran is extr@ly effective and cost efficient in providing this service through the expertise of the pro,-essionals in the ity who volunteer their time in administering the Trust,. : 'Ihis program has added value in ifnat it has demnstrated itself to be easily replicated in other comunities around the state of Virginia as wll as the nation; and, @: VIRGINIA BEACH TY TRUST has r ceived the 1987 PUBLIC/ PROGRAM Award f-ran the State Nbntal @jealth and Mental Retardation Board over @y other program of a high calibre tbroughout the Ccumnwealth: NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Cbuncil does cmmnd VIFG@ BFACEI 'IY TIWST for the initiative and enthusiaem demonstrated in the establishment of this program to provide for the citizens in need in our City and offers its congratulations on the receipt of Uiis Pward. Given under my hand and seal, this Ilhirtieth day of march, Nineteen Hundred and Eighty Seven Mayor ICN IN TION ahe history of knerica is one of a nation of people helpirig other people -- joining together to build a better society - dedication and @t,, : Life is so unpredictablel No day carnes backl Life is short at best! 'Ihat which makes life mst @rth living is the sure knowledge that we ourselves have fulfilled our se, met our obligation to our fellow citizens and can be satisfied we have done our best; : MRRAIM served as a @er on the Virginia Beach TY CORRWRIONS BMM fran Sep@er 1981 tbru October 1986. Her dedication, ccmiitment and unselfish service have involved personal sacrifices and inconveniences, not only to herself but frequently to the fandly; and, Advisors and Volunteers have saved the City untold dollars, but more @rtantly, our successful growth depends upon them. NOW, RE, BE IT RESCLVED: That the Virginia Beach City Council here assenbled this Thir-tieth day of March, Nineteen Rundred Eighty-Seven, on behalf of the citizens of Virginia Beach, expresses deep GRATITUDE and RESPECT to: LARRAINE CALDWELL Given under my hand and seal, Mayor RES=ION IN ITION 'Ihe history of Pmerica is one of a nation of people helping other people - joining together to build a better society dedication ccmi@t; Life is so unpredictablel No day comes backi Life is shor-t at bestl That which makes life most @th living is the sure knowledge that w-e ourselves have fulfilled our purpose, niet our obligation to our fellow citizens and can be satisfied we have done our best; WHEREAS: ROBEPT R. CALLIS served as a on the Virginia Beach frcm January 1978 thru Dec@r 1986. His dedication, ccmnitment and unselfish service have involved personal sacrifices and inconv@ences, not only to himself but frequently to the family; and, Advisors and Volmteers have saved the City mtold dollars, but more @rtantly, our successful gr@ depends upon them. NOW, @RE, BE IT VED: That the Virginia Beach City (buncil here asseffbled this 'Ihirtieth day of March, Nineteen Hundred Eighty-Seven, on behalf of the citizens of Virginia Beach, expresses deep GRATITUDE and RESPBCT to: R 0 B E R T H. C A L L I S Given under my hand and seal, Mayor RESOLUTION IN RECOGNITION lihe history of Pmerica is one of a nation of people helping other people - joining tocjether to build a better society - dedication and CCMTLi@t; : T-ife is so unpredictablel No day ccmes backi Life is short at bestl Ihat which makes life mst @rth living is the sure knowledge that we ourselves have fulfilled our rurpose, met our obligation to our fellow citizens and can be satisfied we have done our best; RICHARD S. served as a r on the Virginia Beach BOARD OF BUIIDIW. CODE APPEALS from January 1983 thru Dec@er 1986. His dedication, ccmTLitment and unselfish service have involved personal sacrifices and inconveniences, not only to himself but frequently to the family; and, Advisors and Volmteers have saved the City untold dollars, but more @rtantly, our successful growth depends upon them. NOW, RE, BE IT VED: That the Virginia Beach City Council here asseirbled this Thirtieth day of March, Nineteen Hundred Eighty-Seven, on behalf of the citizens of Virginia Beach, expresses deep GRATIRUDE and RESPE)CT to: RICHARD S. FOSTER Gi-ven under my hand and seal, Mayor @ION IN TION The history of America is one of a nation of people helping other @ple - joining together to build a better sor-iety dedication and cannitmnt; : Life is so unpredictablel No day awes backl Life is short at best I That which makes life most @rth living is the sure knowledge that we ourselves have fulfilled our purpose, met our obligation to our fellow citizens and can be satisfied we have done our best; L. JOYNER served as a on the Virginia Beach DEVELO AUTHORITY frcin June 1979 thru February 1987. His dedication, acmitrmnt and unselfish service have involved personal sacrifices and incorrveniences, not only to himself but frequently to the family; and, Advisors and Volunteers have saved the City untold dollars, but more @rtantly, our successful growth depends upon them. NOW, EtE, BE IT VED: That the Virginia Beach City Cburicil here assenbled this Ilhirtieth day of March, Nineteen Hundred Eighty-Seven, on behalf of the citizens of Virginia Beach, expresses deep GRATITUDE and RESPBCT to: LAWRENCE L. JOYNE R Given under my harid and seal, Mayor RESCU"ION IN @TION The history of Arnerica is one of a nation of people helping other people -- joining tog(-,ther to build a better society - dedication and ccmnitmnt; : Life is so unpredictable! No day ccmes backl Life is shor-t at blst! That which rmkes life most worth living is the sure knowledge that we ourselves have fulfilled our rurpose, met our cbligation to our fellow citizens @ can ',oe satis@@-@ied we have done our best; JOSEPH LEE served as a Mmber on the Virginia Beach @TY DEVELOPMENT CITIZENS ADVISOW T= representing the Target Area frcrn January 1979 thru February 1987. His dedication, cminitnient and unselfish service have involved personal sacrifices and inconveniences, i@t only to himself but frequently to the f@ly; arid, Advisors and Volunteers h-ave saved the City untold dollars, but more @rtantly, our successful gr@ depends upcn them. NOW, TEEREFORE, BE IT RESCLVED: Mat the Virginia Beach City (buncil here asscnbled this Thirtieth day of March, Nineteen Hundred Eighty-Seven, on behalf of the citizens of Virginia Beach, expresses deep GRATITUDE and RESPBCT to: J 0 S E P H L E E Given under rry hand and seal, mayor ION IN TIC[I Ihe history of Pmrica is one of a nation of people helping other people -- joining together to build a bettc-r society - dedication and ccmnitnient; : Life is so unpredictablel No day octnes backi Life is short at best! 'Ihat which makes life @st @rth living is the sure knowledge that we ourselves have fulfilled our purpose, met our cbligation to our fellow citizens and can @- satisfied v& have done our best; WBEREAS: D. @IN served as a on the Virginia Beach 'IY SERVICES BOAEU) frcrn January 1981 thru Dec@er 1986. lier dedication, tmnt and unselfish ser-vice have involved personal sacrifices and inconveniences, not on]-y to her@,lf but frequently to the farnily; and, WBEREAS: Advisors and Volunteers have saved the City untold dollars, but more iniportantly, our succ(,ssful growth depends upon than. NOW, @EtE, BE IT RESOLVED: That the Virginia Beach City Council here assearbled this 'Ihirtieth day o@- March, Nineteen Huridred Eighty-Seven, on behalf of the citizens of Virginia Beach, expresses deep GRATITUDE and RESPBCT to: S HA RON D. MART I N Given under my hand and seal, Mayor ICN IN @TICN 'Ihe hi-story of America is one of a naticn of people helping other people - joining together to build a better society dedication and @ nt; : Life is so unpredictablel No day ccines backi Life is short at besti Ilhat which makes life most @rth living is the sure knowledge that we ourselves have .-Ulfilled our purpc)se, met our cbligation to our fellow citizens and can be satisfied we have done our best; JAMES V. PCWELL served as a on the Virginia Beach CAL APPEALS BOARD frcin August 1975 thru Dec 1986. Iiis dedication, tment and unselfish service have involved personal sacrifices and inconveniences, riot only to himself but frequently to the family; and, Advisors and Volunteers have saved the City untold dollars, but more @rtantly, our successful growth depends upon them. NOW, @IE, BE IT @VED: That the Virginia Beach City Cbuncil here ass@led this 'Ihirtieth day of March, Nineteen Hundred Eight@Seven, on behalf of the citizens of Virginia Beach, expresses deep GPATITUDE and RESPBCT to: JAMES V. POWELL Given under my hand and seal, mayor RESCLUTION IN @ITION 'Ihe history of knerica is one of a riation of people helping other people -- joining toge-ther to build a better society - dedication and trnent; @: Life is so mpredictablet No day @s backi Life is short at best.' That which makes life niost @rth living is the sure knowledge that we ourselves have fulfilled our purpose, met our obligation to our fellow citizens and can be satisfied we have done our best; : NORRIS W. SHIRLEY served as a on the Virginia Beach SCMM frcm January 1978 thru Decerrber 1986. His dedication, tment and unselfish service have involved personal sacrifices and inconveniences, not only to himself but frequently to the family; and, Advisors and Volunteers have saved the City untold dollars, but more @rtantly, our successful gr@ depends upon them. NOW, TBEREEURE, BE IT RESOLVED: That the Virginia Beach City (buncil here assembled this Thirtieth day of March, Nineteen Hundred Eighty-Seven, on behalf of the citizens of Virginia Beach, expresses deep GRATITUDE and RESPECT to: NORRIS W. SHIRLEY Given under my hand and seal, Mayor RESOU"ION IN TION The history of America is one of a nation of pec)ple help@ other people -- joining together to build a better society dedication and ccmuitment; : Life is so unpredictable, No day ccmes backl Life is short at besti 'Ihat which makes life most worth living is the sure kncywledge that we ourselves have fulfilled our purpose, met our obligation to our fellow citizens and can be satisfied @ have done our best; CAROLYN STRI served as a @er on the Virginia Beach TY SERVICES BOARD frcrn January 1985 thru Dec@r 1986. Her dedication, ccmmitrnent and unselfish service have involved personal sacrifices and inconveniences, riot only to herself but frequently to the f@ly; and, Advisors and Volunteers have saved the City untold dollars, but niore @rtantly, our successful gr@ depends upon them. MWI RE, BE IT VED. That the Virginia Beach City Cbuncil here asseitbled this Thirtieth day of March, Nineteen Hundred Eight@Seven, on behalf of the citizens of Virginia Beach, expresses deep GRATITUDE and RESPECT to: CAROLYN STRICKLAND Given under my hand and seal, Mayor RESOUITION IN TION 'Ihe history of knerica is one of a nation of @ple helping other people -- joining together to build a better sc)ciety - dedication and tment; : Life is so unpredictable! No day comes back! Life is short at bestl Ilhat which niakes life rodst worth living is the sure knowledge that we ourselves have fulfilled our purpose, met our obligation to our fellow citizens and can be satisfied @ have done our best; ANN SLIGG served as a @er on the Virginia Beach @ING BQARD OF APPEALS frcxn July 1982 thru Decerrber 1986. Her dedication, corrrnitnient and unselfish service have involved personal sacrifices and inconveniences, not only to herself but frequently to the family; and ' Advisors and Volunteers have saved the City untold dollars, but more @rtantly, our successful gr@ depends upon thern. NOW, RE, BE IT VED: 'fhat the Virginia Beach City Council here asserrbled this Thirtieth day of March, Nineteen Huridred Eighty-Seven, on behalf of the citizens of virginia Beach, expresses deep GRATITUDE and RESPECT to: ANN SUGG Given under my hand and seal, mayor RES=ICN IN TICN history of PMerica is one of a riation of people helping other people -- joining together to build a better society - dedication and ccmnitment; : Life is so unpredictable! No day @s back! Life is @rt at bestl rfhat which rvakes life mst worth living is the sure @ledge that @ ourselves have fulfilled our purpose, met our cbligation to our fellow citizens and can be satisfied @ have done our best; NO@ W. WNDE served as a on the Virginia Beach Ty SERVICES BOARD frcm January 1981 thru Dec@er 1986. His dedication, oonuiitment and mselfish service have involved personal sacrifices and inconveniences, rx)t only to himself but frequently to the f@ly; and, Advisc)rs and Volunteers have saved the City untold dollars, but more @rtantly, our successful growth depends upon thEM. NOW, RE, BE IT VED: That the Virginia Beach City Cbuncil here ass@led this Thirtieth day of March, Nineteen Hundred Eighty-Seven, on behalf of the citizens of virginia Beach, expresses deep GRATITUDE and RESPECT to: NORMAN W. WILDE Given urider my hand and seal, May- ION IN ITION 'Ihe history of Arnerica is one of a nation of people helping other people -- joining togetller to build a better society -- dedication and ccmiutinent, : Life is so unpredictable! No day ccines back! Life is short at bestl 9hat which niakes life Nust @rth living is the sure knowledge that we ourselves have fulfilled our purpose, met our obligation to our fellow citizens and can be satisfied we have done our best; NICK WRIMT served as a r on the Virginia Beach FRANCIS IAM ROUSE BOARD OF GOVERNORS fran January 1985 until January 1986. His dedication, tmerrt and unselfish service have involved personal sacrifices and irir-orrveniences, not only to hiniself but frequently to the fanily; and, Advisors and Volunteers have saved the City untold dollars, but more iniportantly, our successful gr@ depends upon them. NOW, RE, BE IT VED: That the Virginia Beach City ODuncil here asserrbled this 'Ihirtieth day of March, Nineteen Hur)dred Eighty-Seven, on behalf of the citizens of Virginia Beach, expresses deep GRATITUDE and RESPBCT to: NICK WRIGHT Given under my hand and seal, mayor - 31 - Item III-I-3- CONSENT AGENDA ITEM # 27111 Upon motion by Councilwoman Parker, seconded by Councilman Baum, City Council ADOPTED: Resolution requesting the Congressional Delegation, representing Virginia Beach and the Congress of the United States, to reauthorize the Federal Airport Improvement Aid Program and to appropriate all the funds in the Airport Trust Fund for Airport Improvements Programs. Voting: 10-0 Council Members Voting'-Iye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf and Nancy K. Parker Council Members Voting Nay: None Council Members Absent: John L. Perry - 31a - 1 A RESOLUTION REQUESTING THE CONGRESSIONAL DELEGATION 2 REPRESENTING VIRGINIA BEACH, VIRGINIA, AND THE CONGRESS 3 OF THE UNITED STATES TO REAUTHORIZE THE FEDERAL AIRPORT 4 IMPROVEMENT AID PROGRAM AND TO APPROPRIATE ALL THE FUNDS 5 IN THE AIRPORT TRUST FUND FOR AIRPORT IMPROVEMENT PROGRAMS 6 7 8 WHEREAS, the Federal Airport Aid Program expires on 9 September 30, 1987; and 10 WHEREAS, the Federal Airport Aid Improvement Program is 11 fully funded through user fees, such as taxes on airline tickets, 12 freight, and aviation fuel; and 13 WHEREAS, since 1970, Norfolk International Airport 14 which serves Virginia Beach and is essential to the economic 15 vitality of the City and the region has received over $20 million 16 in airport grants; and 17 WHEREAS, the Norfolk Port and Industrial Authority 18 which operates the Norfolk International Airport has identified 19 eligible needs under the Federal Airport Improvement Program in 20 excess of $15 million over the next five (5) years; and 21 WHEREAS, it is vital that we continue to have a modern, 22 safe, and secure airport to serve the region. 23 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE 24 CITY OF VIRGINIA BEACH, VIRGINIA: 25 That Congressman Pickett, Congressman Sissky, Senator 26 Warner, and Senator Trible are respectfully requested to support 27 the renewal of the Federal Airport Aid Improvement Program. 28 BE IT FURTHER RESOLVED that this reauthorization should 29 be for a period of five (5) years as opposed to the two (2) year 30 reauthorization recommended by the Administration because of the 31 need to be able to plan for a longer period of time for these 32 funds. 33 BE IT FURTHER RESOLVED that all of the funds accruing 34 to this trust fund should be expended as expeditiously as possi- 35 ble on eligible programs. - 31b - 36 BE IT FURTHER RESOLVED that City Council will be 37 greatly appreciative of the efforts of our Congressional 38 Delegation on behalf of the City of Virginia Beach, Virginia. 39 BE IT FURTHER RESOLVED that the City Clerk is 40 authorized and directed to forward a copy of this Resolution to 41 each member of the Congressional Delegation representing the City 42 of Virginia Beach, Virginia. 43 44 Adopted by the Council of the City of Virginia Beach, 45 Virginia, on this 30 day of March 1987. 46 47 3 / 2 3 /87 48 AIRPORT.RES APPROVED AS TO CONTENT SIGNA'UKL DEPAI.ZTMENI 2 - 32 - Item IV-I-4- CONSENT AGENDA ITEM # 27112 Upon motion by Councilwoman Parker, seconded by Councilman Baum, City Council ADOPTED: Ordinance to amend and reordain Section 2-120 of the Code of the City of Virginia Beach, Virginia, pertaining to extended sick leave. Voting: 10-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf and Nancy K. Parker Council Members Voting Nay: None Council Members Absent: John L. Perry N IT - 32a - co TEt@ AN ORDINANCE TO AMEND AND REORDAIN 1 SECTION 2-120 OF THE CODE OF THE 2 CITY OF VIRGINIA BEACH, VIRGINIA, 3 PERTAINING TO EXTENDED SICK LEAVE. 4 5 6 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF 7 VIRGINIA BEACH, VIRGINIA: 8 That Section 2-120 of the Code of the City of Virginia 9 Beach, Virginia, is hereby amended and reordained as follows: 10 Section 2-120. Extended sick leave. 11 (a) There is hereby established an extended sick leave 12 review board consisting of five (5) qualified voters appointed by 13 the City Manager for a term of three (3) years each. Of those 14 first appointed, one shall be appointed to serve for one (1) 15 year, two for two (2) years and two for three (3) years. 16 Thereafter, members shall be appointed for the full term of three 17 (3) years. Two members shall be from management below the 18 department-head level, two members shall be nonmanagement 19 employees and one member shall be selected from the conanunity 20 at-large. 21 (b) A majority of the members of the extended sick 22 leave review board shall constitute a quorum. The board shall 23 meet on an as-needed basis, but no later than fifteen (15) days 24 after an application has been received as provided for in the 25 next subsection. 26 (c) Applications for extended sick leave shall be 27 submitted by the department head to, and shall be processed by, 28 the personnel department. Any application for extended sick 29 leave must fulfill all of the following criteria at the time of 30 application: 31 (1) The application must show that the employee is 32 eligible to take sick leave as defined in section 33 2-119 of the City Code; 34 (2) The employee must be diagnosed by a physician as 35 having an illness requiring absence from work for - 32b 36 at least six (6) working weeks for any given 37 illness. 38 (3) The employee must have completed twelve (12) 39 consecutive working months of full-time employment 40 with the city. 41 If the preceding criteria are fulfilled, an application 42 for extended sick leave may be submitted twenty (20) working days 43 prior to the predicted date of exhaustion of all sick leave, 44 annual leave, and compensatory leave earned by the employee. 45 However, an employee shall not be permitted to utilize extended 46 sick leave until all sick leave, annual leave, and compensatory 47 leave earned by the employee is exhausted. 48 The director of the department of personnel shall be 49 required to call a meeting of the extended sick leave review 50 board when an applicant has been received in the manner stated 51 above. 52 (d) The jurisdiction and authority of the extended 53 sick leave review board shall be limited to authorizing the 54 granting of additional paid sick leave to a qualified employee 55 for a period of time not to exceed two hundred forty (240) 56 consecutive working hours at a time. This board may consider and 57 award extended sick leave to an employee not more than twice in 58 any consecutive twelve-month period. The second award, if 59 granted, may or may not be consecutive with the first award. A 60 decision to award extended sick leave to any employee shall be 61 reached by majority vote of the members of the board present at 62 the meeting. The employee shall be notified of the board's 63 decisions within five (5) calendar days after the meeting of the 64 board involving that employee. 65 (e) The extended sick leave review board is hereby 66 empowered to adopt rules and regulations pertaining to the board 67 procedures to be followed before the board. All such rules and 68 regulations shall be adopted by the majority vote of all the 69 members of the board, shall be signed by the chairman of the 70 board and shall be lodged with the secretary of the board. Such 2