DECEMBER 10, 1991 MINUTES
"WORLD'S LARGEST RESORT CITY"
CITY COUNCIL
MAYOR .@E- E. BEM@U, Al-@,
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JOHN A. -U., M-.
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PAUL] @NTEIGNE, N- --@
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-WAM D. JR., A,.@,
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@UBMY V. WAM, JR.. Ci,, M..- CITY COUNCIL AGENDA MUNICIPAL @@ITER
V)RGINIA @CH. VIRCIIIA .--5
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DECEMBER 10, 1991
ITEM 1. CITY MANAGER'S BRIEFING - Council Chamber - 12: NOON
A. TOTAL QUALITY MANAGEMENT PROGRAM
Patricia Phillips, Director, kesearch and Strategic Analysis
ITEM 11. INFORMAL SESSION - Council Chamber 1:00 PM
A. CALL TO ORDER - Mayor Meyera E. Oberndorf
B. ROLL CALL OF CITY COUNCIL
C. RECESS TO EXECUTIVE SESSION
ITEM 111. FORMAL SESSION - Council Chamber 2:00 PM
A. CALL TO ORDER - Mayor Meyera E. Oberndort
B. INVOCATION: Reverend T. E. Thieman, D.D.
Chaplain
C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
D. ELECTRONIC ROLL CALL OF CITY COUNCIL
E. CERTIFICATION OF EXECUTIVE SESSION
F. MINUTES
1. PUBLIC HEARING-School Board Appointment Candidates-December 2, 1991
2. INFORMAL & FORMAL SESSION -December 3, 1991
G. ORDINANCE/RESOLUTION
1. Ordinance to TRANSFER $23,488 from the Department of Natural
Resources and Rural Services to the Department of Human Resources,
EEO/AA Unit, to staff the Investigation Review Panel and Human
Rights Cormnission.
2. Resolution establishing "Policy Regarding Purchase of City's
Interest in Streets Pursuant to Street Closure". (The Policy to
be established is made a part ot this Agenda.) (Sponsored by
Councilman John A. Baum)
H. LOW BID
A & W CONTRACTORS Old Dam Neck/Upton Estates $471,396.25
Sanitary Sewer Improvements
(CIP 6-993)
1. PUBLIC HEARING
1. PLANNING
a. Ordinance for the discontinuance, closure and abandonment of
port i ons of Emb I em and She I I Roads, I ocated at the Northeast
intersection of said streets, containing 2,495 square feet, in
the petition of WILLIAM T. WINGFIELD (BAYSIDE BOROUGH).
Deferred for Compliance: November 27, 1990
Additional Deferral: May 28, 1991
Recommendation: WITHDRAWAL
b. Application of ST. STEPHENS CHURCH OF GOD-IN-CHRIST for a
Conditional Use Permit for a church (addition) at the Northwest
corner of South Birdneck Road and Beautiful Street (189 South
Birdneck Road), containing 1.31 acres (LYNNHAVEN BOROUGH).
Recommendation: APPROVAL
c. Application of HARTFORD DEVELOPMENT GROUP, INC. for a Chanqe of
Zoning District Classification from PD-H2 (R-5D) Planned Unit
Dev t to P-1 Preservation District, 1000 feet
more or less East ot Holland Road beginning at a point 800 feet
more or iess South of Monet Drive, containing 58.746 acres
(PRINCESS ANNE BOROUGH).
Recommendation: APPROVAL
d. Application of FEMALE ENTERPRISES, INC. for a Conditional Use
Permit for a borrow pit on the North and South sides of
Flanagans Lane, beginning 1800 feet more or less East of
Princess Anne Road, containing 110 acres more or less
(PRINCESS ANNE BOROUGH).
Recommendation: APPROVAL
e. Ordinance to AMEND and REORDAIN Article 2, Section 211, of the
City Zoning Ordinance re temporary signs.
Recommendation: APPROVAL
J. APPOINTMENTS
RESORT AREA ADVISORY COMMISSION
SCHOOL BOARD
SOUTHEASTERN TIDEWATER OPPORTUNITY PROJECT, INC. (STOP)
K. UNFINISHED BUSINESS
L. NEW BUSINESS
M. ADJOURNMENT
CITY COUNCIL SESSIONS
RESCHEDULED
DECEMBER 17, 1991 Formal Session 2:00 PM
12/5/91 lbs
M I N U T E S
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Vlrginla
December 10, 1991
Mayor Meyera E. Oberndorf called to order the VIRGINIA BEACH CITY COUNCIL for
the CITY MANAGER'S BRIEFING concerning the TOTAL QUALITY MANAGEMM PROGRAM j,
the Counci.1 Chamber, City Hall Building, on December 10, 1991, at 12:00 NOON.
Council Members Present:
John A. Baum, Robert W. Clyburn, Vice Mayor Robert E.
Fentress, Harold Heischober, Louis R. Jones, Paul J.
Lanteigne, Reba S. McClanan, Mayor Meyera E. Oberndorf,
Nancy K. Parker and William D. Sessoms, Jr.
Council Members Absent:
James W. Brazier, Jr (OUT OF THE CITY ON VACATION)
2
C I T Y M A N A G E R 'S B R I E F I N G
TOTAL QUALITY MANAGEMENT PROGRAM
12:00 NOON
ITEM # 35152
Mr. James K. Spore, City Manager, i ntroduced Patricia Phi I I 1 ps, Research and
Strategic Analysis, who advised the Briefing is designed to explain an approach
to transtorming the internal culture of an organization from traditional top
down hierarchal structure to a more horizontal structure where all processes
are seen as one of relationships, where suppliers interact with customers and
employees ot all levels work together as a team. Continued Improvement is the
motto and everyone participates. A quality philosophy will, over a period of
years result in dramatic tangible improvement and savings in terms of teamwork
and energized employees.
Mrs. Phillips introduced the Management Leadership Team:
C. Oral Lambert, Jr. City Manager's Office
Patricia Phillips Research and Strategic Analysis
Linda Champion City Manager's Office
John Herzke Public Works
Charlie Hassen Development Services Center
Bill Tillman Budget and Evaluation
Lee Hedberg Research and Strategic Analysis
Gwen Cowart Joint Cable Center
John Stewart Public Libraries
Terry Jenkins Comprehensive Mental Health
Bessie Bell @unl+y Corrections
Curtis Fruit Clerk of the Circuit Court
Fagen Stackhouse Human Resources
Ron McLemore Human Resources
The Briefing consists of three parts:
What Is Quality Mangement?
Why do we need Quality Management?
How will be begin our Quality Journey?
Mrs. Phillips quoted President George Bush: "The improvement of quality in
products and the improvement of quality in services these are national
priorities as never before".
THE NAMES OF QUALITY MANAGEMENT
Participative Management
Employee Involvement
Total Employee Involvement
Total Quality Management "TQMII
Total Quality Leadership IITQLII
Continuous Improvement
Continuous Quality Leadership "CQL"
All have the same objective: To motivate people to "work smart", to be more
productive, to do right things right. Mrs. Phillips reiterated the "ELEMENTS"
of Quallty Management:
Leadership -- management led
Customer Focus -- citizens
Continuous Improvement
Employee Involvement
Systematic Support
Training
3
C I T Y M A N A G E R 'S B R I E F I N G
TOTAL QUALITY MANAGWM PROGRAM
ITEM # 35152 (Continued)
Total Quality Management is continuous improvement. Unlike traditional
management, where the focus is on the individual, continuous improvement
quality management sees work as a process which is never-ending. Tt is
important that employees be innovative.
Another important concept to stress is customer focus. Citizens are seen as
valued customers rather than anonymous taxpayers. Every organization will have
internal and external customers and their needs must be considered.
Partnerships must be developed and future needs anticipated. Systematic support
(Performance Management, Employee Recognition, Strategic Planning) is also an
important concept in Quality Management.
MEASUREMENT
Establish baseline measures with customers
Ensure customer demands are met
Evaluate processes and results achieved
Fagan Stackhouse, Human Resources, advised, in order to achieve success with
Quality Management and the continuous improvement process, there must be
significant employee involvement, employees participating in the quality
improvement process from the very beginning to the very end. The front line
worker should be empowered with the authority to make decisions and to change
the process and improve upon this process. Eighty-five percent (85%) of
problems are due to the process, not the person. The questions must be asked:
"Am I doing the right things right?". A clerk may fill out 1,000 forms
perfectly, but if only 30% of the information is used, than 70% of the effort
was wasted. Quality management philosophies are based on the works of: Deming,
Crosby, Juran, Feigenbaum and Ishikawa. The City has chosen to utilize the
Deming approach, focusing on his seven step method and fourteen points. Quality
Management is the most significant change since the industrial revolution.
John Herzke, Public Works, quoted Lester Thurow of the Harvard Business School,
at a recent Conference of Xerox employees: "On the stroke of Midnight on
December 31, 1992, the United States will become the second-largest economy in
the world for the first time in this century". Mr. Herzke cited the following
reasons for this occurrence:
Failed to invest in people
Failed to update its methods
Lost touch with customers
Underestimated its rivals
From 1979 to 1989, one-half of the Fortune 500 companies were no longer in
business, which is another startling revelation. The current pressures on local
government may seem great, but are probably not much different than the wake-up
call most American businesses are receiving. The American public now expects
and demands quality products and services -- from government as much as
business. The City cannot maintain the "status quo". The City must move ahead.
Good enough is no longer good enough. In the 1960's, the rule of thumb for
measuring productivity was errors in "parts per 1,000"; in the 1970's, it was
"parts per 10,000; in the 1980's, with the introduction of quality firms, the
measure was "parts per Million"; and in the 1990's, it is "parts per Ten
Million" and beyond. Another measure of performance is 99% However, in terms of
public services, this equates to:
Unsafe drinking water 4 days per year
No electricity, water or heat for 15 minutes each
day
Doctors would write 200,000 wrong prescriptions
each year
Your newspaper would not be delivered 4 times each
year.
- 4 -
C I T Y M A N A G E R 'S B R I E F I N G
TOTAL QUALITY MANAGWM PROGRAM
ITEM # 35152 (Continued)
Gwen Cowart, Joint Cable Center, cites the reasons for Quality Management:
Pressure will continue on policy makers and public adminis-
tration officials to reduce costs.
State and local expenditures, as a percentage of state
personal income, have been declining.
Service is expected to remain constant or, in fact, increase
while costs are either maintained at current levels or
reduced.
Quality Management is important t6 City Council Members and citizens because
only by systematically removing the causes of problems can improved
productivity be gained. More can be accomplished by employees and their leaders
working together than can be accomplished by individuals working at odds with
one another or working alone. A structured problem-solving process in City
government reduces better solutions than the unstructured processes often used
in the past. Quality Management is important to City Council Members and
Managers because TQM techniques let them know where they are, the reiative
importance of problems to be solved and whether the changes made have had the
desired impact. City employees want to be involved, do their jobs well and
feel like valued contributors. TQM enables and encourages people to share their
observations and suggestions. Improvement benefits us all. Economic survival is
the reason for Quality Management.
Ron McLemore, Human Resources, detailed the beginning of the quality journey.
The change has already been set in motion:
Administrative Leadership
Steering Committee
Planning
Education and Training
Creation of Teams
The Steering Committee has embarked over the last six months to study, read and
attend various education programs concerning the process. Executives, Middle
Managers and Supervisors have in large part already attended a 2 1/2-day
training program on quality leadership. Another training program has been
scheduled in January. Mr. McLemore has also been conducting a one-day awareness
program for City employees. Approximately 700 employees have completed this
program. Twenty-five employees have been trained in week-long quality advisory
programs to be in the position to lead teams, be advisors to teams and assist
in training. The following Project Teams have been developed:
Bond Reduction
Contracting Process
Grass Mowing
Personnel Requisition
Special Events Permitting
Employee Injury
The Steering Committee invited Members of City Council to attend the Process
Improvement Projects Pilot Team Training Progress Reports at the Pavilion Room
101-107 from 8:00 A.M. to 1:00 P.M. on December 16, 1991.
- 5 -
C ON C E R N S OF T HE MAYOR
12:45 P.M.
ITEM # 35153
Mayor Oberndorf advised the Ocean Occasions/Virginia Beach Events, Unlimited
Christmas Parade was a beautiful occasion on the whole and contained a
magnificent fireworks display. However, complaints have been received from
eight (8) mothers concerning the type of participation in the parade by the
Haunted Mansion. This display depicted baby dolls being smashed against the
ground and blood running out of their heads, baby dolls being impaled on
spears.
Mayor Oberndorf requested the citizens contact Tracy Halman at Virginia Beach
Events, Unlimited.
ITEM # 35154
Mayor Oberndorf advised of a visit and letter by Robert W. Dedman, President -
ORCHESTRA VIRGINIA BEACH. The Mayor distributed copies of same, which is hereby
made a part of the record. For nine years, this Orchestra has survived with no
personal or corporate donation larger than $5,000 and without borrowing money.
At this time, ORCHESFRA VIRGINIA BEACH needs a commitment from the City. This
year, due to the 80% state and 20% city cut, they are faced with a severe cash
flow crises. ORCHESTRA VIRGINIA BEACH's 1991-1992 Budget is $400,000. ORCHESTRA
VIRGINIA BEACH has appealed to City Council for a one-time gift of $40,000, to
navigate this most difficult year and continue to be a valuable cultural
resource for the City of Virginia Beach. Mr. Dedman attached a copy of their
1991-1992 Budget.
Mayor Oberndorf also advised of ORCHESTRA VIRGINIA BEACH's request for ADOPTION
of a Resolution expressing enthusiasm for and support of the Orchestra by the
City Council.
City Council will be provided a copy of ORCHESTRA VIRGINIA BEACH's operating
expenses. The City Staff will review this request and advise City Council.
- 6 -
ITEM # 35155
The INFORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL was called to order by
Mayor Meyera E. Oberndorf in the Council Chambers, City Hall Building, on
Tuesday, December 10, 1991, at 12:55 P.M.
Council Members Present:
John A. Baum, Robert W. Clyburn, Vice Mayor Robert E.
Fentress, Harold Heischober, Louis R. Jones, Paul J.
Lanteigne, Reba S. McClanan, Mayor Meyera E.
Oberndorf, Nancy K. Parker and William D. Sessoms, Jr.
Council Members Absent:
James W. Brazier, Jr.
- 7 -
ITEM # 35156
Mayor Meyera E. Oberndort entertained a motion to permit City Counci I 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 or interviews of
prospective candidates for employment, assignment, appointment, promotion,
performance, demotion, salaries, discipi ining, or resignation of specif ic
public officers, appointees, or employees pursuant to Section 2.1-344 (A)
(1).
To-Wit: Appointments: Community Development Citizens Advisory Committee
Resort Area Advisory Commission
School Board
Southeastern Tidewater Opportunity Project, Inc.
2. PUBLICLY-HELD PROPERTY: Discussion or consideration of the condition,
acqu sition or use of real property for public 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 pursuant to Section 2.1-344(A) (3).
TO-Wit: Advance right-of-way acquisition Princess Anne Road at Buzzard's
Neck Road.
Upon motion by Vice Mayor Fentress, seconded by Councilman Baum, City Council
voted to proceed into EXECUTIVE SESSION.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Robert W. Clyburn, Vice Mayor Robert E.
Fentress, Harold Heischober, Louis R. Jones, Paul J.
Lanteigne, Reba S. McClanan, Nancy K. Parker, Mayor
Meyera E. Oberndorf and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent
James W. Brazier, Jr.
- 8 -
F 0 R M A L S E S S I 0 N
VIRGINIA BEACH CITY COUNCIL
December 10, 1991
2:00 P.M.
Mayor Meyera E. Oberndorf cal led to order the FORMAL SESSION of the VIRGINIA
BEACH CITY COUNCIL in the Counci I Chambers, City Hal I Bui Iding, on Tuesday,
December 10, 1991, at 2:00 P.M.
Council Members Present:
John A. Baum, Robert W. Clyburn, Vice Mayor Robert E.
Fentress, Harold Heischober, Louis R. Jones, Paul J.
Lanteigne, Reba S. McClanan, Mayor Meyera E.
Oberndorf, Nancy K. Parker and William D. Sessoms, Jr.
Council Members Absent:
James W. Brazier, Jr.
INVOCATION: Reverend T. E. Thleman, D.D.
Chaplain
PLEDGE AG OF T NITED STATES OF AMERICA
9
Item III-E.2.
CERTIFICATION OF
EXECUTIVE SESSION ITEM 35157
Upon motion by Vice Mayor Fentress, seconded by Counci Iman Sessoms, City
Council CERTIFIED THE EXECUTIVE SESSION TO BE IN ACCORDANCE WITH THE MOTION TO
RECESS.
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,
Only such public business matters as were
!dent! f led in the motion convening the Executive
Session were heard, discussed or considered by
Virginia Beach City Council.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Robert W. Clyburn, Vice Mayor Robert E.
Fentress, Harold Heischober, Louis R. Jones, Paul J.
Lanteigne, Reba S. McCianan, Mayor Meyera E.
Oberndorf, Nancy K. Parker and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
James W. Brazier, Jr.
CERTIFICATION OF EXECUTIVE SESSION
VIRGINIA BEACH CITY COUNCIL
WHEREAS: The Virginia Beach City Council convened into EXECUTIVE
SESSION, pursuant to the affirmative vote recorded in ITEM # 35156,
Page No. 7 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.
I
NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City
Council hereby 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.
_Wth Hodges Sitith, CMC/AAE
City Clerk December 10, 1991
- 10 -
Item 111-F.I.
MfNUTES ITEM # 35158
Upon motion by Vice Mayor Fentress, seconded by Councilman Heischober, City
Counci I APPROVED the Minutes of the PUBLFC HEARING - School Board Appointment
Candidates for December 2, 1991.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Robert W. Clyburn, Vice Mayor Robert E.
Fentress, Harold Heischober, Louis R. Jones, Paul J.
Lanteigne, Reba S. McClanan, Mayor Meyera E.
Oberndorf, Nancy K. Parker and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
James W. Brazier, Jr.
Item Ill-F.I.
MINUTES ITEM # 35159
Upon motion by Vice Mayor Fentress, seconded by Councilman Jones, City Council
APPROVED the Minutes of the INFORMAL & FORMAL SESSIONS of December 3, 1991.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Robert W. Clyburn, Vice Mayor Robert E.
Fentress, Harold Heischober, Louis R. Jones, Paul J.
Lanteigne, Reba S. McClanan, Mayor Meyera E.
Oberndorf, Nancy K. Parker and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
James W. Brazier, Jr.
- 12 -
Item Iii-F.3.
ANNOUNCEMENT ITEM # 35160
Mayor Oberndorf recognized the fol lowing Boy Scout in attendance during the
City Council Session to earn his badge in communications:
TROOP 375
CHARITY NECK CHURCH PUNGO
Sean McKim
1 3
Item Ill-G.l.
ORDINANCE/RESOLUTION ITEM # 35161
Upon motion by Vice Mayor Fentress, seconded by Counci ]man Baum, City counci I
ADOPTED:
Ordinance to TRANSFER $23,488 from the Department
of Natural Resources and Rural Services to the
Department of Human Resources, EEO/AA Unit, to
staff the Investigation Revlew Panel and Human
Rights Commission.
Voting: 8-2
Council Members Voting Aye:
John A. Baum, Robert W. Clyburn, Vice Mayor Robert E.
Fentress, Harold Heischober, Paul J. Lanteigne, Reba
S. McClanan, Mayor Meyera E. Oberndorf and Wi I I iam D.
Sessoms, Jr.
Council Members Voting Nay:
Louis R. Jones and Nancy K. Parker
Council Members Absent:
James W. Brazier, Jr.
1 AN ORDINANCE TO TRANSFER FUNDS IN THE AMOUNT OF
2 $23,488 TO THE HUMAN RESOURCES DEPARTMENT, EEO/AA UNIT TO STAFF THE
3 INVESTIGATION REVIEW PANEL AND THE HUMAN RIGHTS COMMISSION
4
5 WHEREAS, The City Council adpoted resolutions authorizing the City
6 Manager to establish and provide administrative support to an Investigation
7 Review Panel and a Human Rights Commission;
8 WHEREAS, the responsibility for administrative support of the Human
9 Rights Commission was placed with the EEO/AA Coordinator and with the Human
10 Resources Department for the Investigation Review Panel;
11 WHEREAS, the EEO/AA Coordinator, who is housed in the Human Resources
12 Department, is responsible for implementing the EEO Discrimination Complaint
13 Procedure, coordinating the EEO Employee Advisory committee, providing training
14 on equal employment and sexual harassment issues, providing workforce analysis
15 statistics for management, providing support to the Mayor's Committe for the
16 Disabled, providing the self-evaluation and transition plan for the Americans
17 with Disabilities Act; all of these duties are encompassed in the City's
18 Affirmative Action efforts;
19 WHEREAS, The EEO/AA Coordinator will additionally provide staff support
20 to the Panel and Commission;
21 WHEREAS, clerical support for the EEO/AA Coordinator is provided through
22 part-time temporary services personnel and the workload is ever increasing and
23 places additional duties on other Human Resources personnel;
24 WHEREAS, a clerical position and some additional equipment would be
25 required for tbe EEO/AA Coordinator to staff the Panel and the Commission;
26 WHEREAS, a clerical position exists in the Department of Natural
27 Resources and Rural Services which can be transferred to the EEO/AA
28 Coordinator's office and avoid the costs of adding an additional FTE to the
29 City's workforce;
30 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
31 VIRGINIA BEACH, VIRGINIA:
32 That a position and funds in the amount of $16,123 are transferred from
33 the Department of Natural Resources and Rural Services to the Department of
34 Human Resources, EEO/AA Coordinator budget unit for the purpose of providing
35 clerical support needed for the Investigation Review Panel and the Human Rights
36 Commission;
1 BE IT FURTHER ORDAINED:
2 That funds in the amount of $7,365 are transferred from the Reserve for
3 Contingencies to the Department of Human Resources, EEO/AA Coordinator budget to
4 provide funding for support costs and equipment.
5 This ordinance shall be in effect from the date of its adoption.
6 Adopted by the Council of the City of Virginia Beach, Virginia on the
7 10 day of December 1991.
'AP
,PR,OVED AS TO CONI'Ei,4 i
UFE
DEPARTmENT
APPROVED AS TO L,RGAL
SUFFICIENCY A@i!) F',',RM
CIT,
- 14 -
Item 111-G.2.
ORDINANCE/RESOLUTION ITEM # 35162
Upon motion by Counci Iman Baum, seconded by Vice Mayor Fentress, C!tY Counci I
ADOPTED:
Resolution estab I i,hing "POI Icy Regarding Purchase
Ot City's Interest in streets Pursuant to Street
Closure".
Voting: lo-o
Council Members Voting Aye:
John A. Baum ' Robert W. Clyburn, Vice Mayor Robert E.
Lanteigne, I
Fentress, Halold Heischobe'r, Louis R. Jones, Pa, J.
Reba S- McClanan, Mayor Meyera E.
Oberndorf, Nancy K. Parker and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
James W. Brazier, Jr.
Requested by Councilman John A. Baum
1 RESOLUTION ESTABLISHING A POLICY
2 REGARDING PURCHASE OF CITY'S
3 INTEREST IN STREETS PURSUANT TO
4 STREET CLOSURE
5 WHEREAS, Section 33-112 of the Code of the City of
6 Virginia Beach grants CitY Council the discretion to require the
7 street closure applicant as a condition to the vacation of any city
8 street, alley, easement or other public way, to purchase from the
9 city its interest for which the vacation iS required; and provided
10 the parties agree as to the value of such property or easement; and
11 WHEREAS, CitY Council wishes to promulgate a policy
12 regarding the determination of the purchase price to be paid to the
13 city by the street closure applicant where the Purchase is made a
14 condition to the vacation of any city street, alley, easement or
15 other public way.
16 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY
17 OF VIRGINIA BEACH, VIRGINIA:
18 That the attached "Policy Regarding Purchase of city's
19 Interest In Streets Pursuant To Street Closures" attached hereto
20 and incorporated by reference is hereby established as a policy
21 regarding the determination of the purchase price to be paid to the
22 city by a street closure applicant where purchase of the city's
23 interest is made a condition to the vacation of any city street,
24 alley, easement or other public way.
25 This Resolution shall have application to all street
26 closure applications filed after the effective date of this
27 Resolution.
28 ADOPTED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
29 VIRGINIA, on the -10 day of December 1991.
30 CA-4512
31 ORDIN\NONCODE\ST-CLOSE.RES
32 R-2
POLICY REGARDING PURCHASE OF CITY'S
INTEREST IN STREETS PURSUANT TO
STREET CLOSURES
I. Appraisals - Prior to final closure, the property which is the
subje t of a street closure application shall be appraised by a
real estate appraiser who is licensed to perform appraisals in the
Commonwealth of Virginia. The appraisal shall be for the purpose
of determining the fair market value of the underlying fee in the
street, easement or other property which the applicant seeks to
have closed. Where the subject property is of such size or
configuration that it does not constitute a building site in
itself, the highest and best use nd the value of the property
shall be determined with reference to the assemblage potential of
the subject property with the adjacent property. The appraiser
shall be selected by the City Real Estate Agent, and the cost of
the appraisal shall be paid by the applicant.
II. Determination of the Purchase Price to be paid to the City by
a street icant.
a. Where the City owns the fee in the. street. Where the City
owns the nderlying fee t to be clos-ed, the City Real
Estate Agent shall require the applicant to pay the fair market
value of the underlying fee Such payment shall be satisfied in
full prior to final closure.
b. Where e underlvina fee. In
instances ty owns an easement but own the
underlying fee, the City Real Estate Agent shall negotiate with the
applicant to reach a reasonable purchase price for the closure of
the City's interest in the property that is the subject of the
application. Provided, however, the purchase price shall not be
less than 50% of the appraised value.
III. als
In the event the applicant and the City Real Estate Agent
cannot agree as to the purchase price to be paid to the City, the
applicant may appeal such determination to the City Manager, who
shall make his recommendation as to purchase price to the City
Council.
- 15 -
Item 111-H.I.
ORDINANCE/RESOLUTION ITEM # 35163
Upon motion by Vice Mayor Fentress, seconded by Councilman Clyburn, City
Council APPROVED:
LOW BID
A & W CONTRACTORS Old Dam Neck/Upton Estates $471,396.25
Sanitary Sewer Improvements
(CIP 6-993)
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Robert W. Clyburn, Vice Mayor Robert E.
Fentress, Harold Heischober, Louis R. Jones, Paul J.
Lanteigne, Reba S. McClanan, Mayor Meyera E.
Oberndorf, Nancy K. Parker and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
James W. Brazier, Jr.
16 -
Item
PUBLIC HEARING ITEM # 35164
PLANNING
Mayor Meyera E. Oberndorf DECLARED a PUBLIC HEARING on:
PLANNING
(a) WILLIAM T. WINGFIELD STREET CLOSURE
(b) ST. STEPHENS CHURCH OF GOD-IN CHRIST CONDITIONAL USE PERMIT
(c) HARTFORD DEVELOPMENT GROUP, INC. CHANGE OF ZONING DISTRICT
CLASSIFICATION
(d) FEMALE ENTERPRISES, INC. CONDITIONAL USE PERMIT
(e) CITY ZONING ORDINANCE Article 2, Section 211,
re temporary signs
- 17 -
Item III-I.I.a.
PUBLIC HEARING ITEM # 35165
PLANNING
Upon motion by Councilman Jones, seconded by Councilman Heischober, City Cuncil
ALLOWED WITHDRAWAL of the Ordinance upon application of Petition of WILLIAM T.
WINGFIELD for the discontinuance. of portions of Emblem
and Sheil Roads.
Ordinance upon application of William T. Wingfield
for the discontinuance, closure and abandonment of
portions of Emblem Road and Shell Roads located at
the northeast intersection of said streets. The
parcels contain 2,495 square feet. BAYSIDE BOROUGH.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Robert W. Clyburn, Vice Mayor Robert E.
Fentress, Harold Heischober, Louis R. Jones, Paul J.
Lanteigne, Reba S. McClanan, Mayor Meyera E.
Oberndorf, Nancy K. Parker and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
James W. Brazier, Jr.
- 18 -
Item 111-I.i.b.
PUBLIC HEARING ITEM # 35166
PLANNING
Andre Banks, Architect for St. Stephens Church of God-in-Christ Church.
Upon motion by Councilwoman Parker, seconded by Counci lman Sessoms, City
Counci I ADOPTED an Ordinance upon 8pplication of ST. STEPHENS CHURCH OF GOD-
IN-CHRIST for a Conditional Use Permit:
ORDINANCE UPON APPLICATION OF ST. STEPHENS CHURCH
OF GOD-IN-CHRIST FOR A CONDITONAL USE PERMIT FOR A
CHURCH (ADDITION) R012911408
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRIGNIA BEACH, VIRIGNIA
Ordinance upon appi ication of St. Stephens Church
of God-in-Christ for a Conditional Use Permit for a
church (addition) at the northwest corner of South
Birdneck Road and Beautiful Street. The parcel is
located at 189 South Birdneck Road and contains
1.31 acres. LYNNHAVEN BOROUGH.
The following conditions shall be required:
1. A Bozird of Zoning Appeals variance to setback
requirements must be obtained.
2. Phase two additions must include construction of
the parking area.
3. The proposed parking area must be redesigned to
preserve as many existing mature trees as practical
by incorporating them into required landscape
areas. A tree preservation and protection plan
shall be submitted for approval by the City
Arborist.
4. The detailed site plan must address stormwater
management in accordance with the provisions of the
Stormwater Management Ordinance.
5. The internal lot line must be vacated by recorded
plat.
6. An approximate 18-foot right-of-way reservation is
required along South Birdneck Road.
This Ordinance shall be effective in accordance with Section 107 (f) of the
Zoning Ordinance.
Adopted by the Council of the City of Virginia Beach, Virginia, on the Tenth of
December, Nineteen Hundred and Ninetv-One.
- 19 -
Item III-I.I.b.
PUBLIC B M ING ITEM # 35166 (Continued)
PLANNING
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Robert W. Clyburn, Vice Mayor Robert E.
Fentress, Harold Heischober, Louis R. Jones, Paul J.
Lanteigne, Reba S. McClanan, Mayor Meyera E.
Oberndorf, Nancy K. Parker and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
James W. Brazier, Jr.
20 -
Item
PUBLIC HEARING ITEM # 35167
PLANNING
Richard K. Stell, 219 66th Street, Phone: 486-4910, represented the applicant
Upon motion by Counci lwoman McClanan, seconded by Counci lwoman Parker, Citv
Counci I ADOPTED an Ordinance upon appl ication of HARTFORD DEVELOPMENT GROUP',
Inc. tor a Change of Zoning:
ORDINANCE UPON APPLICATION OF HARTFORD DEVELOPMENT
GROUP, INC. FOR A CHANGE OF ZONING DISTRICT
CLASSIFICATION FROM PD-H2 (R-5D) TO P-1 Z012911336
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRIGNIA
Ordinance upon application of Harttord Development
Group, Inc. for a Change of Zoning District
Classification from PD-H2 (R-5D) Planned Unit
Development District to P-1 Preservation Distri,t
on property located 1000 feet more or less east of
Holland Road beginning at a point 800 feet more or
less south of Monet Drive. The proposed zoning
classification change tO P-1 Preservation District
is for the protection of critical areas of special
environmental concern. The Comprehensive Plan
recommends use of this parcel for conservation and
suburban low density residential development at
densities that are compatible with single family
use in accordance with other Plan policies. The
parcel contains 58.746 acres. PRINCESS ANNE
BOROUGH.
This Ordinance shall be effective in accordance with Section 107 (f) of the
Zoning Ordinance.
Adopted by the Council of the City of Virginia Beach, Virginia, on the Lenth of
Decembe teen Hun d and Ninetv-One.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Robert W. Clyburn, Vice Mayor Robert E.
Fentress, Harold Heischober, Louis R. Jones, Paul J.
Lanteigne, Reba S. McClanan, Mayor Meyera E.
Oberndorf, Nancy K. Parker and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
James W. Brazier, Jr.
- 21 -
Item III-I.I.d.
PUBLIC HEARING ITEM # 35168
PIANNING
The following speakers registered in SUPPORT of the application:
Attorney Charles Salle' , 192 Ballard Court, Phone: 490-3000, represented the
applicant
Richard K. Stell, 219 66th Street, Phone: 486-4910, represented the applicant
Sandra McDaniel, 4738 Open Greens Drive, Phone: 464-0508, President of Female
Enterprises, Inc. owrier of 50% of the Stock with Alice Womack owning the
remaining 50%.
The following speakers registered in OPPOSITION to the application:
Attorney Mike Gardner, 900 One Columbus Center, Phone: 473-5359, represented
adjacent residents, among them Louise Williamson, Larry and Kitty Herz. This
proposed pit would be in Mrs. Williamson's back yard. The proposed egress road
going out of the pit will run along the back yard of Larry and Kitty lierz.
John H. Gray, 1501 Sandbridge Road,
Pat Ingmire, 2933 Seaboard Road, Phone: 721-5549
Larry Herz, 1868 Princess Anne Road, Phone: 426-6827
Steven Berman, 1685 Flanagans Lane, Phone: 426-2077, presented petitions
containing 1100 signatures and letters in OPPOSITION. Said infor,ati,, i,
hereby made a part of the record.
Jeff Utley, 2988 Seaboard Road,
Harry Luman, 5629 Albright
Jim Beckstedt, 349 E. Chickasaw Road, Phone: 499-1673,
Chip McQuilkin, 1405 Drum Pont Road, Back Bay, Phone: 721-3625
Upon motion by Councilwoman McClanan, seconded by Councilman Lanteigne, City
Council DENIED the Ordinance upon application of FE14ALE ENTERPRISES, INC. for a
Conditional Use Permit:
ORDINANCE UPON APPLICATION OF FEMALE ENTERPRISES,
INC. FOR A CONDITIONAL USE PERMIT FOR A BORROW PIT
Ordinance upon application of Female Enterprises,
Inc. for a Conditional Use Permit for a borrow pit
on certain property located on the north and south
sides of Flanagans Lane beginning 1800 feet more or
less east of Princess Anne Road. The parcel
contains 110 acres more or less. PRINCESS ANNE
BOROUGH.
- 22 -
Item 111-I.I.d.
PUBLIC HEARING ITEM # 35168 (Continued)
PLANNING
Voting: 7-3
Council Members Voting Aye:
Robert W. Clyburn, Louis R. Jones, Paul J. Lanteigne,
Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K.
Parker and William D. Sessoms, Jr.
Council Members Voting Nay:
John A. Baum, Vice Mayor Robert E. Fentress and Harold
Heischober
Council Members Absent:
James W. Brazier, Jr.
- 23 -
Item II-I.Ie.
PUBLIC HEARING ITEM # 35169
PLANNING
Upon motion by Vice Mayor Fentress, seconded by Councilman Heischober, City
Council ADOPTED, AS AMENDED*:
Ordinance to amend Section 211 of the City Zoning
Ordinance, pertaining to temporary signs.
*The word "square" shall be interested on line 41
after "(75)" and before "feet".
Voting: 7-3
Council Members Voting Aye:
John A. Baum, Robert W. Clyburn, Vice Mayor Robert E.
Fentress, Harold Heischober, Louis R. Jones, Paul J.
Lanteigne and William D. Sessoms, Jr.
Council Members Voting Nay:
Reba S. McCianan, Mayor Meyera E. Oberndorf and Nancy
K. Parker
Council Members Absent:
James W. Brazier, Jr.
I AN ORDINANCE TO AMEND SECTION 211 OF THE CITY
2 ZONING ORDINANCE, PERTAINING TO TEMPORARY
3 SIGNS
4 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
5 VIRGINIA BEACH, VIRGINIA:
6 That Section 211 of the City Zoning Ordinance, pertaining
7 to temporary signs, be, and hereby is, amended and reordained, and
8 shall read as follows:
9 Section 211. signs permitted in all districts.
10 The following types of signs are exempted from all of the
11 provisions of this ordinance, except for illumination, construction
12 and safety regulations and the following standards:
13
14 b) Temporary signs.
15 (1) Temporary signs announcing any public, charitable,
16 educational, religious or other noncommercial event or function,
17 located entirely upon the property on which such event or function
18 is held and set back no less than seven (7) feet from the property
19 line, and having a maximum sign area of thirty-two (32) square
20 feet. Such signs shall be allowed no more than thirty (30) days
21 prior to the event or function and must be removed within seven (7)
22 days after the event or function. Such signs may be illuminated in
23 accordance with the restrictions set forth @ in section 213
24 hereof. If building-mounted, such signs shall be flat wall signs
25 and shall not project above the roofline. If freestanding, the
26 height of any such sign shall be no more than twelve (12) feet
27 above ground level.
28 (2) Temporary signs of a commercial nature announcing grand
29 openings or other special events or promotions, subject to the
30 limitations as to size, height and location set forth in
31 subdivision (1) hereof - Such signs shall be displayed no inore than
32 three (3) times per year by any business or establishment, nor for
33 any period in excess of seven (7) days.
34 (3) Temporary signs la ed upon-r
35 balloons, subject to the requirements of subdivisions (1) and (2)
36 hereof; provided, however, that such signs may_
37 project Lo more
38 above the roofline if
39 , have a height not exceeding
40 thirty (30) feet from ground level.
41
42 Adopted by the City Council of the City of Virginia
43 Beach, Virginia, on the 10th day of December, 1991.
44 CA-90-4030
45 \ordin\proposed\45-0211.pro
46 R-3
2
- 24 -
Item III-J.1.
APPOINTMENTS ITEM # 35170
BY CONSENSUS, City Council PESCHEDULED the following APPOINTMENTS:
RESORT AREA ADVISORY COMMISSION
- 25 -
Item III-J.2.
APPOINTMENTS ITEM # 35171
Upon NOMINATION by Vice Mayor Fentress, City Council APPOINTED:
SOUTHEASTERN TIDEWATER OPPORTUNITY PROJECT, INC. (STOP)
Delceno C. Miles
Unexpired Term thru 6/30/95
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Robert W. Clyburn, Vice Mayor Robert E.
Fentress, Harold Heischober, Louis R. Jones, Paul J.
Lanteigne, Reba S. McClanan, Mayor Meyera E.
Oberndorf, Nancy K. Parker and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
James W. Brazier, Jr.
- 26 -
Item III-J.3.
APPOINTMENTS ITEM # 35172
The following spoke in SUPPORT of the reappointment of Gregory N. Stillman and
Ulysss V. Spiva to the Virginia Beach School Board:
William H. Carson, II, 921 Queen Elizabeth Drive, Phone: 463-7429, teacher
Bess Mann, 1014 Hanson Way, Phone: 496-2833, high school teacher
Jessica Wadkins, 5200 Mill Dam Road, student. Miss Wadkins presented 413
petitions in SUPPORT of Ulysses V. Spiva and Greg N. Stillman.
Rena Mitchell, 2801 County Place, Phone: 426-0828, PTA Member, advocate for
children.
Susan Cofer, 1580 Lake Christopher Drive, Phone: 495-3431, teacher for 11
years.
Aubin Hooker, 221 80th Street, Phone: 422-3741, Student at First Colonial High
School.
Lance Lewis, 200 80th Street, Phone: 491-4189, Student.
George Minns, President - NAACP, Post Office Box 4548, Norfolk, Va.
Cara Posise, 3704 North Queens Grove, Phone: 498-8433, Student at First
Colonial High School.
F. Terry Elliot, 924 Fernridge Road, Phone: 468-2182, "activitist for
children". Mr. Elliot also spoke in OPPOSITION to the sand for Sandbridge.
Cheryll Tokac, 1904 Eastborn Drive, Phone: 486-0202, President of the Virginia
Beach Education Association. Mrs. Tokac presented petitions bearing 6,681
signatures in SUPPORT of the reappointment of Samuel W. Meekins, Ulyses V.
Spiva and Greg N. Stillman. Said petitions are hereby made a part of the
record.
Rita Burkhardt, 1408 Fairbank Court, Phone: 467-6751, PTA President and former
teacher.
Norman Fuller, 5408 Peggy Circle, Phone: 479-4642, high school teacher.
Carol Shraeder read into the record a letter of Joyce Davis, 4153 Edinburgh
Drive, Phone: 463-0283.
Debbie Eid, read into the record a letter of Diane McCabe, 737 Pinetree Drive,
Phone: 463-4595 into the record.
Jack Freeman, 1721 Dancers Court, Phone: 479-4906
Cliff Kratt, 5396 Dalrymple Street, Phone: 479-0059, Tutor at Tallwood
Elementary School.
Rae LeSesne, 5325 Thornburg Lane, Phone: 497-8008, President of Citizens Action
Coalition.
Jim Beckstedt, 349 East Chickasaw Road, Phone: 499-1673
Debbie Atkins, 3562 Brigita Court, Phone: 468-8072, teacher for six years.
Mrs. D. Kennedy Small, 3409 Stancil Street, Phone: 486-9757
Richard Good, 5667 Barkwood Court, Phone: 420-7873
Phyllis Butler, 1809 Roves Lane, Phone: 479-4414, Kellam High School Teacher
Mike Jenkins, 5308 Thornburg Lane, Phone: 499-8185
Jan Kitchin, 315 26th Street, Phone: 425-1842, Librarian at Thoroughgood
Elementary School
Kathryn Arn, 936 Stockbridge Drive, Phone: 495-0096, Fairfield Elementary
School Teacher.
Robert Dean, 1204 Shawn Drive, Phone: 427-6606
Jennifer Carter, 1337 Mill Dam Road, Phone: 481-6087, student.
The following spoke in SUPPORT of the reappointment of Ulysses V. Spiva and he
appointment of Louisa M. Strayhorn to the SCHOOL BOARD:
Rhonda Mealy, 2008 Livingston Oak Drive, Phone: 479-0564, represented CAT
(Citizens Advancing Together). CAT is a local association comprised of African
Americans.
The following spoke in SUPPORT of Edgward G. Kreyling, Jr. for appointment to
the SCHOOL BOARD:
Cindy Robinson, 876 Bishopsgate Lane, Phone: 463-3047/441-7652 (w)
Robert W. Coffey, 4320 Delray Drive, Phone: 464-0019
Deborah Noxon, 767 Suffolk Lane, Phone: 629-2715
Ray Chenosky, 1422 Seabreeze Trail, 23452, Phone: 498-4890
The following spoke in SUPPORT of Edgward G. Kreyling, Jr. and Louisa M.
Strayhorn for appointment to the SCHOOL BOARD:
Maxine Graham, 3057 Sandpiper Road, Phone: 721-3000. Mrs. Graham also
reiterated the need for sand for Sandbridge
The following diverted from the subject of the SCHOOL BOARD and spoke on other
matters:
Colonel Robert Engesser, 5290 Vestry Drive, Phone: 399-3157
- 27 -
Item III-J.3.
APPOINTMENTS ITEM # 35172 (Continued)
Upon NOMINATION by Councilman Lanteigne, City Council APPOINTED:
SCHOOL BOARD
June Turner Kernutt
(Pungo Borough)
Three-Year Term
1/1/91 - 12/31/94
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Robert W. Clyburn, Vice Mayor Robert E.
Fentress, Harold Heischober, Louis R. Jones, Paul J.
Lanteigne, Reba S. McClanan, Mayor Meyera E.
Oberndorf, Nancy K. Parker and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
James W. Brazier, Jr.
- 28 -
Item III-J.3.
APPOINTMENTS ITEM # 35172 (Continued)
Upon NOMINATION by Councilman Clyburn, City Council REAPPOINTED:
SCHOOOL BOARD
Samuel W. Meekins (Kempsville Borough)
Three-Year Term
1/1/91 - 12/31/94
Voting: 10-0
Council @lembers Voting Aye:
John A. Baum, Robert W. Clyburn, Vice Mayor Robert E.
Fentress, Harold Heischober, Louis R. Jones, Paul J.
Lanteigne, Reba S. McClanan, Mayor Meyera E.
Oberndorf, Nancy K. Parker and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
James W. Brazier, Jr.
- 29 -
Item III-J.3.
APPOINTMENTS ITEM # 35172 (Continued)
A NOMINATION was made by Vice Mayor Fentress, to REAPPOINT:
SCHOOL BOARD
Ulysses V. Spiva
At Large
Greg N. Stillman
At Large
Three-Year Term
1/1/91 - 12/31/94
Voting: 5-5 (NOMINATIONS FAILED FOR LACK OF A MAJORITY VOTE)
Council Members Voting Aye:
Robert W. Clyburn, Vice Mayor Robert E. Fentress,
Mayor Meyera E. Oberndorf, Nancy K. Parker and William
D. Sessoms, Jr.
Council Members Voting Nay:
John A. Baum, Harold Heischober, Louis R. Jones, Paul
J. Lanteigne, and Reba S. McClanan
Council Members Absent:
James W. Brazier, Jr.
- 30 -
Item III-J.3.
APPOINTMENTS ITEM # 35172 (Continued)
Councilman Jones NOMINATED:
Louisa M. Strayhorn
for an At Large Seat
Councilman Heischober NOMINATED:
Edward G. Kreyling, Jr.
for an At Large Seat
Upon these NOMINATIONS, City Council APPOINTED:
SCHOOL BOARD
Edward G. Kreyling, Jr.
At Large
Louisa M. Strayhorn
At Large
Three-Year Term
1/1/91 - 12/31/94
Voting: 6-0
Council Members Voting Aye:
John A. Baum, Harold Heischober, Louis R. Jones, Paul J.
Lanteigne, Reba S. McClanan and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Abstaining:
Robert W. Clyburn, Vice Mayor Robert E. Fentress, Mayor
Meyera E. Oberndorf and Nancy K. Parker
Council Members Absent:
James W. Brazier, Jr.
31 -
Item
ADJOURNMENT ITEM # 35173
Mayor Oberndorf DER-LARED the CitY Council Meeting ADJOURNED at 9:08 P-M-
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