FEBRUARY 18, 1986 MINUTES
"WORLD'S LARGEST RESORT CITY"
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VIRGINIA BEACH. VIRC.WIA 2ME-0"
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February 18, 1986
Virginia Beach City Council
BRIEFING: - Conference Room - 12:00 PM
1. Street Closure Policy - Robert J. Scott
2. Timetable on Various Planning Studies
Underway and/or Completed - Robert J. Scott
ITEM 1. MEETING OF VIRGINIA BEACH CITY COUNCIL - Conference Room - 12:30 FM
A. CALL TO ORDER - Mayor liarold Heischober
B. ROLL CALL OF COUNCLL
C. MOTION TO RECESS INTO EXECUTIVE SESSION
ITEM 11. REGULAR SESSION OF VIRGINIA BEACH CITY COUNCIL - Council Chambers - 2:00 PM
A. INVOCATION: Reverend Michael Simone
Virginia Beach Community Chapel
B. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF
AMERICA
C. ELECTRONIC ROLL CALL OF CITY COUNCIL
D. CITY MANAGER'S ADMINISTRATIVE ITEMS
1. Review of Consent Agenda
E. MAYOR/COUNCIL - DISCUSSION OF PERTINENT MATTERS
F. PRESENTATION
1. Conflict of Interest
Paul Sciortino, Commonwealth Attorney
G. MINUTES
1. Motion to accept/approve tbe Minutes of February 10, 1986.
H. PLANNING
Ordinance for the discontinuance, closure and abandonment
of portions of Jade Street and Cape Drive in the
petition of Jade Street Associates (Lyn= 130rough)
Recommendation: DENIAL
Deferred: January 13, 1986
2. Ordinance for the discontinuance, closure and abandonment
of a portion of Ego Drive in the petition of William R. and
Helen H. Holz (Lynnhaven Borough)
Recommendation, DENIAL
Deferred: October 21, 1985
3. Application of Bow Creek Home for the Elderly for a
conditional use permitt: for a home for the aged at the
Northeast corner of Club House Road and Duplin Street on
Lot 16, Block 48, Princess Anne Plaza located at 3420 Club
House Road containing 13,000 square feet (Lynnhaven
Borough).
Recommendation: DENIAL
4. Application of Hester C. Brinster for a conditional lise
permit for a home occupation (babysitting) at the northwest
corner of Cavalier Drive and Holly Road located at 4300
Holly Road containing 31,319.6 square feet (Virginia Beach
Borough).
Recommendation: DENIAL
5. Application of Crystal Point Associates for changes of
zoning located on the South side of Northampton Boulevard
at the intersection with Shell Road containing 7.5 acres
(Bayside Borough);
From R-1 Residential District to R-8 Residential District;
AND,
From R-8 Residential District to PD-H2 Planned Unit
Development District
Recommendation: DENIAL
6. Application of Masciola and Company for a changes of
zoning (Lynnhaven Borough);
From R-7 Residential District to A-3 Apartment District on
the --th ide f Nr@.@A,,en e, 211-56 feet West of
Indian Avenue located at 1012 Norfolk Avenue and contains
28,314 square feet;
AND,
From A-1 Apartment Distri,t to A-3 Apartment District
beginning at a point 90 feet mor, o, le,s South of Norfolk
Avenue, 400 feet more or less West of Indian Avenue located
at 1012 Norfolk Avenue and contains 2178 square feet.
Recommendation: DENIAL
RESOLUTION/ORDINANCFS
1. Resolution to acknowledge and accept the Department of the
Navy's offer to provide Federal Funding to financially
participate in the Dam Neck Road Project to be improved to
a four-lane divided highway from General Booth Boulevard to
the entrance of the Dam Neck Naval Facility
2. Ordinance to autliorize acquisition of property in fee
simple for right-of,ay for Elbow Road Extended (Elmer
Tolle Subdivision) and the acquisition of temporary and
permanent easements of right-of-way either by agreement or
by condemnation
3. Ordinance to transfer $132,900 of Capital Project Funds to
provide a second access into Bellamy Woods Subdivision
across Salem Canal
4. Ordinance to amend and reordain Section 2-89 of the Code of
the City of Virginia Beach pertaining to annual review of
City Council Appointees
J. CONSENT AGENDA
All matters listed under the Consent Agenda are considered in
the ordinary course of business by City Council and will be
enacted by one motion in the form listed. If an item is
removed from the Consent Agenda, it will be discussed and voted
upon separately.
1. Resolution of Dissolve:
Air Cushion Advisory Committee
Citizens To Study Impact of State & Federal
Legislative Actions on City Governments
Environmental Ad Hoc Committee
Francis Land House Committee To Study Bid Proposals
Study Commission on Local Government
2. Ordinance to upon SECOND READING accept $37,000 from the
Department of Corrections and to appropriate these funds to
the Community Diversion Incentive Program Expansion.
3. FINAL APPROVAL: Ordinance closing, vacating and
discontinuing portion of 25th Street in the petition of
24th Street Associates (Lynnhaven Borough)
4. Raffle Permits:
James K. Cole Memorial Scholarship Fund
Independence Liois Club of Virginia Beach
K. APPOINTMENTS
1. Advertising Selection Committee
2. Eastern Virginia Medical Authority
3. Personnel Board
L. UNFINISHED BUSINESS
M. NEW BUSINESS
1. Automated Refuse Collection
P. Wade Kyle, Superintendent, Solid Waste Division
2. Increase in Animal Adoption Fees
Chief Charles Wall, Department of Police
3. Open Burning
Chief Harry Diezel, Department of Fire
N. ADJOURNMENT
FY 1986-1987 OPERATING BUDGET SCREDULE
April 1 Special Session of City Council for
Presentation 12 Noon
April 1-16 City Council's Review
April 17 Budget Workshop - Conference Room
4:00 - 7:00 PM
April 22 Budget Workshop - Conference Room
4:00 - 7:00 PM
April 29 PUBLIC HEARING - Pavilion
7:00 PM
May 8 Budget Reconciliation Workshop -
Conference Room - 4:00 - 7:00 PM
May 12 PUBLIC HEARING and FIRST READING
of Appropriation Ordinance -
Council Chambers - 2:00 PM
May 15 SECOND READING of Appropriation Ordinance
Council Chambers 12: Noon
8
Item 11-G.2
MINUTES ITEM 24995
Upon motion by Councilwoman Creech, seconded by Councilwoman Henley, City
Council APPROVED the Minutes of February 18, 1986 as CORRECTED:
Item II-M.2 Page 30 - Item # 24987
NEW BUSINESS INCREASE IN ANIMAL ADOPTION FEES
The name of the Executive Director of the Virginia
Beach SPCA was misspelled.
The correct spelling is Carol Kolback
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R.
Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry
McCoy, Jr., D.D.S. and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
M I N U T E S
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
B R I E F I N G
STREET CLOSURE POLICY
TIMEABLE ON VARIOUS PLANNING STUDIES UNDERWAY AND/OR COMPLETED
12:00 PM.
February 18, 1986
The BRIEFING WAS CALLED TO ORDER BY Mayor Harold Heischober in the Conference
Room on February 18, 1986, at 12:00 P.M.
The Deputy City Manager,Aubrey Watts,introduced Director of Planning Robert
Scott who presented the STREET CLOSURE POLICY and the TIMETABLE ON VARIOUS
PLANNING STUDIES.
STREET CLOSURE POLICY
Mr. Scott reiterated the following recommendations:
1. The 180-day policy is a beneficial polciy that ought to be
continued with a small number of changes.
2. The following changes to the policy were outlined:
a. The first time the City Council hears the
application, in those instances where it deems
it appropriate to close the street and to
impose conditions to which this closure would
be subject, it is recommended that it defer
action for a period of 180 days or such less
time as it takes the applicant to meet the
established conditions making it clear that if
the conditions are not met during that time,
the application will be denied. At the end of
the 180-day period, the matter will appear
once again on the Council agenda and the
Council, at that time, has the option of
approval of the matter after having observed
that all the conditions have been met,
deferral of the matter for an appropriate
period of time where the conditions have not
been met but there is reason to anticipate
that they will be met in a short period of
time, or denial of the matter where it appears
that the conditions have not been met and
there is not reasonable expectation that they
will be met in the near future.
B R I E F I N G
(Continued)
b. If the conditions have not been met within the
allotted time period and Council feels there
is no reasonable expectation of them being met
in the near future, then it is recommended
that Council deny the proposed closure.
C. The staff will notify the applicant
immediately after Council's initial action and
again after 90 days of the 180-day period as
to the importance of this time period in an
attempt to encourage due diligence.
Vice Mayor McClanan believed only one additional DEFERRAL should be
permitted.
A RESOLUTION concerning this procedure will be SCHEDULED for City Council.
TIMETABLE ON VARIOUS PLANNING STUDIES
Mr. Scott reiterated the various Planning Projects:
1. A Task Force to Reevaluate our Typical Roadway Cross-Sections.
This study would be completed within the next week to ten days.
2. New Landscpaing Standards for Secenic Buffers Along Roadways.
These have already been prepared and are ready for incorporation.
3. The Green line Study. The consultant is finalizing this study.
4. The Master Steet and Highway Plan Study. This consultant study
should be finalized in the next few weeks.
5. The Southeastern Freeway. This is one major road the City
Council may wish to place on the Master Street and Highway Plan
separately from other content changes. The placing of the
Southeastern Freeway on the Master Street and Highway Plan was
accomplished by Council on January 27, 1986.
6. Staff review of the Master Street and Highway Plan Proposal by
the Consultant. This can not begin until the consultant has
finalized his report. The Staff has an aim of completion by the
First of July.
7. Revised Format of the Master Street and Highway Plan. A draft of
this for consideration has been prepared. This matter illay be
placed on the April Planning Commission Agenda with finalization
potentially by May.
8. A Center Line Approach to the Master Street and Highway Plan. As
the result of Public Hearings, the Staff has decided to
incorporate into the Master Street and Highway Plan a more
definite indication of the location of the proposed roads. This
should be an ongoing effort to be constantly underway.
9. The Bikeway Plan. After adoption, part of same should be
incoporated within the Master Street and Highway Plan.
10. The AICUZ Study. This study should be ready for public
discussion and action by, or shortly after, March First.
11. Redesignation of Certain Streets for Access Control and Scenic
Treatment. There are some streets on the Master Street and
Highway Plan that are designated as controlled access or limited
access and some that have scenic easements prescribed for them.
These may not be the most appropriate streets for this treatment.
Mr. Scott further reiterated the proposed series of events for coordinating
the eleven elements. These five specific elements are hereby made a part
of the record.
M I N U T E S
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
February 18, 1986
The Regular Meeting of the Council of the City of Virginia Beach, Virginia,
was called to order by Mayor Heischober in the Conference Room, City Hall
Building, on Tuesday, February 18, 1986, at 12:55 P.m.
Council Members Present:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R.
Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry
McCoy, Jr., D.D.S. and Meyera E. Oberndorf
Council Members Absent:
None
- 2 -
ITEM # 24965 (a)
Mayor Heischober entertained a motion to permit 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 of employment, assignment, appointment,
promotion, performance, demotion, salaries, disciplining or
resignation of public officers, appointees or employees.
2. PUBLICLY HELD PROPERTY: Discussion or consideration of the condition,
acquisition or use of real property for public purpose, or of the
disposition of publicly held property, or of 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.
Upon motion by Councilwoman Creech, seconded by Councilman Fentress, City
Council voted to proceed into EXECUTIVE SESSION.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R.
Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry
McCoy, Jr., D.D.S. and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
- 3 -
R E G U L A R S B S S I 0 N
VIRGINIA BEACH CITY COUNCIL
February 18, 1986
2:00 P.M.
Mayor Heischober called to order the Regular Session of the Virginia
Beach City Counc--il in the Council Chambers, City Hall Building, on
Tuesday, February 18, 1986, at 2:00 P.M.
Council Members Present:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R.
Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry
McCoy, Jr., D.D.S. and Meyera E. Oberndorf
Council Members Absent:
None
INVOCATION: Reverend Michel Simone
Virginia Beach Community Chapel
PLEDGE OF ALLEGI-ANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
- 4 -
CITY MANAGER'S ADMINISTRATIVE ITEMS
Item II-D.1
CONSENT AGENDA ITEM # 24966 (a)
Coucilman Jennings referenced RESOLUTION OF DISSOLVE (See Item II-J.Iof the
CONSENT AGENDA).
This item will be pulled for a separate discussion.
5
Item II-G.1
MINUTES ITEM 24967 (a)
Upon motion by Councilwoman Creech, seconded by Councilman McCoy, City
Council APPROVED the Minutes of February 10, 1986.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Robert G.
Jones, Louis R. Jones, Vice Mayor Reba S. McClanan, J. Henry
McCoy, Jr., D.D.S. and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
6
Item II-F.1
PRESENTATION ITEM # 24968 (a)
Robert Humphreys, Deputy Commonwealth's Attorney, presented information
relative the CONFLICT OF INTEREST Ordinance.
Mr. Humphreys referenced the Supreme Court Decision of the West vs Jones
Case. This decision dealt with the exisiting CONFLICT OF INTEREST ACT.
The current Governor of Virginia was the Attorney General at the time this
legislation became law and the current Attorney General who was a
legislator voting on this matter are in substantial disagreement with the
definition of same.
Mr. Humphreys quoted from the West vs Jones Case: "If at the time a
transaction is pending, it is reasonably foreseeable that a public
servant's personal interest could benefit or suffer from his participation
in that transaction, the conflict and the danger it poses to the Public
interest arise at the moment the transaction occurs." The Supreme Court
seems to advise utilizing your "common sense" as indicated by this
decision. If it is reasonably foreseeable that the individual's personal
interest will be affected either for or against, the proper procedure would
be to ABSTAIN from voting or discussing the particular matter. A public
servant whose interest is "involved in a transaction", may participate in
that transaction only when his interest is limited to that which he shares
in common with Members of the public at-large. Mr. Humphreys defined this
as meaning even though the individual's personal interest ilightbe involved
in a particular matter coming before City Council, it is permissable to
vote as Council Members provided this interest is also one that is shared
by the public at-large, i.e. a wholesale amendment to the Comprehensive
Land Use Plan. It is where you have an interest that is substantially
different from the public at-large where the individual must be careful.
Actually it is a "common sense" approach.
Two provisions have passed through the House of Delegates:
The Maximum possible punishment is a $500 fine.
An amendment to the exisiting language advises the
Public Official is guilty of violating the Conflict
of Interest Act if they were aware or should have
known that said activities violated the ACT. This
amendment eliminates the language: or reasonably
should have known "
Emergency Legislation has gone through the House of Delegates. The
CONFLICT OF INTEREST LAW will become effective immediately upon signature
by the Governor.
Item II-H.1
PLANNING ITEM 24969 (a)
Robert Sutherland, General Partner, represented the applicant, and
requested DEFERELAL to enable the applicant to further address
the concerns of the Lynnbaven Colony Civic League. This will also
enable the Architect to design a building as well as a dry retention
system specifically for this site.
Alfonso J. Strazzullo, Sand Pine Resident, was not in OPPOSITION to the
DEFERRAL.
Upon motion by Councilman Jennings, seconded by Councilman Fentress, City
Council DEFERRED until the City Council Meeting of March 24, 1986, the
Ordinance closing, vacating and discontinuing a portion of Jade Street and
Cape Henry Avenue in the petition of JADE STREET ASSOCIATES:
Application of Jade Street Associates for the
discontinuance, closure and abandonment of portions
of Jade Street and Cape Henry Drive as follows:
Jade Street: Beginning at the northern boundary of
Cape Henry Drive and running in a northerly
direction a distance of 168.52 feet along the
eastern boundary.
Cape Henry Drive: Beginning at the southern
boundary of Jade Street and running in a southerly
direction a distance of 25 feet. Said parcels are
60 feet in width and contain 11,415.6 square feet.
LYNNHAVEN BOROUGH.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Robert G.
Jones, Louis R. Jones, Vice Mayor Reba S. McClanan, J. Henry
McCoy, Jr., D.D.S. and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
8
Item II-H.1
PLANNING ITEM # 24969 (continued)
(a)
Couucilman Jennings requested the City Clerk make the following statement
and drawing a part of the proceedings.
CLOSURE OF JADE STREET AND CAPE HENRY DRIVE
Residents reached agreement with developers on following which affect not
only Jade Street, but their remaining property which includes Lots 14, 15,
and 16; Block 7.
1. No Structures/Buildings are to be located within 301 of Southern
Property Line (Right-of-way for Cape Henry Drive).
2. No Structures are to exceed three stories in Height on the entire
property.
3. A Heavy Landscaped Screening (Category or Type III) is required
along the entire southern boundary of the whole site.
4. Agree to closure of western 35.51 of Jade Street and retain
eastern 24.5' as Public Right-of-way with Landscaping and Access
(Improved) within that 24.5' as follows:
a. 10' Wide Landscaping (Type III) on western
boundary - this landscaping can double as
meeting the normally required parking lot
landscape requirements.
b. 12' Wide Improved Pedestrian Access that can
also double for periodic vehicle access to
rear of residential units to the south for
such things as Firewood Delivery, Equipment
for Projects (Pools, sheds, et cetera.) in
these backyards.
C. 2.5' Wide Landscaped Strip (Type III) on
eastern boundary.
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Item II-H.1
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- 10 -
Item II-H.2
PLANNING ITEM # 24970
Assistant City Attorney Kevin Cosgrove responded to Council's inquiries.
Upon motion by Councilman Jennings, seconded by Councilman Baum, City
Council DENIED an Ordinance for the discontinuance, closure and abandonment
of a portion of Ego Drive in the petition of William R. and Helen H. Holz:
Application of William R. and Helen H. Holz for the
discontinuance, closure and abandonment of a
portion of Ego Drive beginning at the eastern
boundary of Matt Lane and running in an easterly
direction a distance of 134.6 feet. Said parcel is
50 feet in width and contains 3,358.30 square feet.
LYNNHAVEN BOROUGH
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Robert G.
Jones, Louis R. Jones, Vice Mayor Reba S. McClanan, J. Henry
McCoy, Jr., D.D.S. and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
Item II-H.3.
PLANNING ITEM 24971
Attorney Kevin Brunick represented the applicant and requested DEFERRAL to
address the concerns of the Princess Anne Plaza Civic League.
Mrs. Jo Ryan, represented Princess Anne Plaza Civic League, and spoke in
OPPOSITION.
The City Clerk referenced letter of February 13, 1986, from Douglas J.
Heisler, General Manager, Bow Creek Home for the Elderly, requesting
DEFERRAL. (Said letter is hereby made a part of the record).
Upon motion by Councilman Jennings, seconded by Councilman Louis Jones,
City Council DENIED an Ordinance upon application of BOW CREEK HOME FOR THE
ELDERLY for a Conditional Use Permit:
ORDINANCE UPON APPLICATION OF BOW CREEK HOME FOR
THE ELDERLY FOR A CONDITIONAL USE PERMIT FOR A HOME
FOR THE ELDERLY
Ordinance upon application of Bow Creek Home for
The Elderly for a Conditional Use Permit for a home
for the aged at the northeast corner of Club House
Road and Duplin Street on Lot 16, Block 48,
Princess Anne Plaza. Said parcel is located at 3420
Club House Road and contains 13,000 square feet.
LYNNHAVEN BOROUGH.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Robert G.
Jones, Louis R. Jones, Vice Mayor Reba S. McClanan, J. Henry
McCoy, Jr., D.D.S. and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
- 12 -
Item II-H.4
PLANNING ITEM # 24972
Attorney Donald Clark represented the applicant and presented data
pertaining to said application: Excerpts from the City Code pertaining to
a Day Care Center, Child Care Schedule, Newspaper Article referencing
home day care, Applicant References, Letters of Reference, Activities
and Happenings of the Day Care Facility, a Petition in support of
said application, Chapter 10 of the State Code, Section 63.1-195,
and Staff/Child Ratio Requirements. (Said information is hereby made a
part of the record.
OPPOSITION:
Ann Glenn, adjacent resident, read a letter from the President of
the Linkhorn Park Civic League in OPPOSITION to said application.
Attorney Joseph W. Hood, Jr., represented the North Virginia Beach Civic
League.
Upon motion by Councilman Fentress, seconded by Councilman McCoy, City
Council DENIED an Ordinance upon application of HESTER C. BRINSTEP, for a
Conditional Use Permit:
ORDINANCE UPON APPLICATION OF HESTER C. BRINSTER
FOR A CONDITIONAL USE PEPMIT FOR A HOME OCCUPATION
(BABYSITTING)
Ordinance upon application of Hester C. Brinster
for a Conditional Use Permit for a home occupation
(babysitting) at the northwest corner of Cavalier
Drive and Holly Road. Said parcel is located at
4300 Holly Road and contains 31,319.6 square feet.
Plats with more detailed information are available
in the Department of Planning. VIRGINIA BEACH
BOROUGH.
Voting: 10-1
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R.
Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S.
and Meyera E. Oberndorf
Council Members Voting Nay:
Robert G. Jones
Council Members Absent:
None
- 13 -
Item II-H.5
PLANNING ITEM # 24973
Attorney Robert Cromwell represented the applicant
G. S. Divaris, represented Divaria Real Estate, and presented a concept
entitled "Wood Bridge Island" to City Council. (Said pamphlet is
hereby Made a part of the record.
Dr. Bagley Walker, adjacent resident
S. Tucker Yates, Board of Regents CBN University and adjacent resident
Robert Baine, Architect with Talbot and Associates
OPPOSITION:
Mack C. Queen, President, Lakeview Park Civic League, advised a petition
containing 160 signatures of 175 Lakeview Park Residents and 165 of
195 Lake Shores' Residents was presented to the Planning Commission.
Carol A. LaHorner, registered, but did not speak
Dolores McGarvey, adjacent resident, registered, but did not speak
A Motion was made by Councilman Louis Jones, seconded by Vice Mayor
McClanan, to DENY an Ordinance upon application of Crystal Point Associates
for a Change of Zoning located on the south side of Northampton Boulevard
at the intersection with Shell Road contians 7.5 acres (Bayside Borough):
From R-1 Residential District to R-8 Residential District.
A SUBSTITUTE NOTION was made by Councilman Baum, seconded by Councilman
Jennings, to ADOPT an Ordinance upon application of CRYSTAL POINT
ASSOCIATES for Changes of Zoning located on the South side of Northampton
Boulevard at the intersection with Shell Road containing 7.5 acres (Bayside
Borough): From R-1 Residential District to R-8 Residential District.
Voting: 2-9 (SUBSTITUTE MOTION FAILS)
Council Members Voting Aye:
John A. Baum and H. Jack Jennings, Jr.
Council Members Voting Nay:
Nancy A. Creech,*Robert E. Fentress, Mayor Harold Heischober,
Barbara M. Henley, Louis R. Jones, Robert G. Jones, Vice Mayor
Reba S. McClanan, J. Henry McCoy, Jr., D.D.S., and Meyera E.
Oberndorf.
Council Members Absent:
- 14 -
Item II-H.5a
PLANNING ITEM # 24973 (Continued)
Upon motion by Councilman Louis Jones, seconded by Vice Mayor McClanan,
City Council DENIED an Ordinance upon application of CRYSTAL POINT
ASSOCIATES for a Change of Zoning:
ORDINANCE UPON APPLICATION OF CRYSTAL POINT
ASSOCIATES FOR A CHANGE OF ZONING FROM R-1 TO R-8
Ordinance upon application of Crystal Point
Associates for a Change of Zoning District
Classification from R-1 Residential District to R-8
Residential District on certain property located on
the south side of Northampton Boulevard at the
intersection with Shell Road. Said parcel contains
7.5 acres. Plats with more detailed information
are available in the Department of Planning.
BAYSIDE BOROUGH.
Voting: 8-3
Council Members Voting Aye:
Nancy A. Creec@, Mayor Harold Heischober, Barbara M. Henley,
Louis R. Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J.
Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
John A. Baum, Robert E. Fentress and H. Jack Jennings, Jr.
Council Members Absent:
None
*Verbal Aye
15 -
Item II-H.5b.
PLANNING ITEM 2497,3 (Continued)
Upon motion by Councilman Louis Jones, seconded by Councilwoman Oberndorf,
City Council DENIED an Ordinance upon application of CRYSTAL POINT
ASSOCIATES for a Change of Zoning:
ORDINANCE UPON APPLICATION OF CRYSTAL POINT
ASSOCIATES FOR A CHANGE OF ZONING DISTRICT
CLASSIFICATION FROM R-8 TO PD-H2
Ordinance upon application of Crystal Point
Associates for a Change of Zoning District
Classification from R-8 Residential District to
PD-H2 Planned Unit Development District on certain
property located on the south side of Northampton
Boulevard at the intersection with Shell Road.
Said parcel contains 7.5 acres. Plats with more
detailed information area available in the
Department of Planning. BAYSIDE BOROUGH.
Voting: 7-3
Council Members Voting Aye:
Nancy A. Creec@, Mayor Harold Heischober, Barbara M. Henley,
Louis R. Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr.,
D.D.S. and Meyera E. Oberudorf
Council Members Voting Nay:
John A. Baum, Robert E. Fentress and H. Jack Jennings, Jr.
Council Members Absent:
None
Councilman Robert Jones did not vote.
*Verbal Vote
- 16 -
Item II-H.6
PLANNING ITEM # 24974
Norman Keller, represented the applicant
Michael Masciola, the applicant, also represented himself
The City Clerk referenced Letter from Captain L. F. Norton, Oceana,
advising said application lies within the AICUZ Noise Zone Three.
Upon motion by Councilman Jennings, seconded by Councilman Fentress, City
Council ADOPTED Ordinances upon application of MASCIOLA AND COMPANY for
Changes of Zoning:
ORDINANCE UPON APPLICATION OF MASCIOLA AND COMPANY
FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM
R-7 to @ A-2 (AS MODIFIED) Z02861064
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA
Ordinance upon application of Masciola and Company
for a Change of Zoning District Classification from
R-7 Residential District to @ A-2 (AS MODIFIED)
Apartment District on the south side of Norfolk
Avenue, 211.56 feet west of Indian Avenue. Said
parcel is located at 1012 Norfolk Avenue and
contains 28,314 square feet. Plats with more
detailed information area available in the
Department of Planning. LYNNHAVEN BOROUGH.
A N D,
ORDINANCE UPON APPLICATION OF MASCIOLA AND C014APNY
FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM
A-1 TO-A--3-A-2 (AS MODIFIED) Z02861065
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA
Ordinance upon application of Masciola and Company
for a Change of Zoning District Classification from
A-1 Apartment District to @ A-2 (AS MODIFIED)
Apartment District beginning at a point 90 feet
more or less south of Norfolk Avenue, 400 feet more
or less west of Indian Avenue. Said parcel is
located at 1012 Norfolk Avenue and contains 2178
square feet. Plats with more detailed information
are available in the Department of Planning.
LYNNHAVEN BOROUGH.
Prior to the changing of the official zoning maps, the following condition
shall be required:
A 10-foot dedication along the frontage on Norfolk Avenue, 30
feet from the centerline of the old 50-foot right-of-way to
provide for an ultimate 60-foot right-of-way as per the Master
Street and Highway Plan.
These Ordinances shall be effective upon the date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
Eighteenth day of February, Nineteen Hundred and Eighty-six.
- 17 -
Item II-H.6
PLANNING ITEM # 24974 (Continued)
Voting: 9-0
Council Members Voting Aye:
John A. Baum, Robert E. Fentress, Mayor Harold Heischober,
Barbara M. Henley, H. Jack Jennings, Jr., Louis R. Jones, Robert
G. Jones, Vice Mayor Reba S. McClanan and Meyera E. Oberudorf
Council Members Voting Nay:
None
Council Members Absent:
Nancy A. Creech and J. Henry McCoy, Jr., D.D.S.
- 18 -
Item II-I.1
RESOLUTION/ORDINANCE ITEM # 24975
Upon motion by Vice Mayor McClanan, seconded by Councilman Baum, City Council
ADOPTED:
Resolution to acknowledge and accept the Department of
Navy's offer to provide Federal Fundiig to financially
participate in the Dam Neck Road Phase II Project to be
improved to a four-lane divided highway from General
Booth Boulevard to the entrance of the Dam Neck Naval
Facility
Letter of February 7, 1986, from Congressman G. William Whitehurst to Vice
Mayor Reba S. McClanan urging Council's support of said Resolution is hereby
made a part of the record.
Voting: 9-0
Council Members Voting Aye:
JohTi A. Baum, Robert E. Fentress, Mayor Ilarold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr.,
Louis R. Jones, Robert G. Jones, Vice-Mayor Reba
S. McClanan, and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Nancy A. Creech, J. Henry McCoy, Jr., D.D.S.
Februar 18 1986
18a
RESOLUTION
WHEREAS, The City of Virginia Beach has identified the Dam Neck Road
Phase 11 project in its Capital Improvement Program, and
WHEREAS, The city wishes to improve Dam Neck Road as a four lane
divided arterial highway from General Booth Boulevard to the entrance of the
Dam Neck Naval Facility, and
WHEREAS, The City of Virginia Beach has requested federal funding
assistance to implement the proposed highway improvement, and
WHEREAS, The Department of the Navy has indicated its willingness to
participate in the improvement of the Dam Neck Road project which serves the
Dam Neck Naval Facility.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE
CITY OF VIRGINIA BEACH, VIRGINIA
That, the City of Virginia Beach does hereby acknowledge and accept the
Department of the Navy's offer to provide federal funding and to financially
participate in the Dam Neck Road project through the Military Traffic
Management Command of Washinton D.C.
BE IT FURTHER RESOLVED, That the City of Virginia Beach does hereby
agree to pay all project costs, including engineering design, right-of-way
acquisition and construction exceeding the $2.5 million which is the lump sum
contribution agreed to by the Navy (through the MTMC) for that portion of Dam
Neck Road to be improved to a four lane divided highway from General Booth
Boulevard to the entrance to the Dam Neck Naval Facility. This contribution
represents 42% of the current estimated project cost of $6.0 million.
..DOPTED: February 18, 1986
- 19 -
Item II-I.2
RESOLUTIONS/ORDINANCES ITEM # 24976
John Baldwin, Owner of Convenience Store, spoke in OPPOSITION to the "blue"
shown on the engineering map.
Mrs. Elmer Tolle, owner of said property, spoke in Oppositon to the "green"
on the engineering drawing.
Upon motion by Councilman Baum, seconded by Councilman Fentress, City
Council:
Authorized acquisition of property in fee simple
for right-of-way for Elbow Road Extended (Elmer
Toll-Subdivision) and the acquisition of temporary
and permanent easements of right-of-way either by
agreement or by condemnation.
The City shall acquire the 90-foot northern strip
of Tolle property (Elmer Tolle Subdivision) (shown
in blue on the engineering drawing) and the
appropriate Ordinance shall be drafted for City
Council Action February 24, 1986.
Voting: 10-1
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Robert G.
Jones, Louis R. Jones, Vice Mayor Reba S. McClanan and Meyera E.
Oberndorf
Council Members Voting Nay:
J. Henry McCoy, Jr., D.D.S.
Council Members Absent:
None
Councilman Baum requested the Staff prepare cost estimates applicable to
the various alignments shown on the Engineering Map and make these
available to City Council when the MASTER STREET AND HIGHWAY PLAN is again
presented. A better policy for roads and highway acquisitions should be
established.
- 20 -
ITEM II-I.3
RESOLUTION/ORDINANCE ITEM # 24977
Upon motion by Councilwoman Oberndorf, seconded by Councilman Fentress, City
Council ADOPTED:
Ordinance to transfer $132,900 of Capital Project Funds
to provide a second access iito Bellamy Woods
Subdivision across Salem Canal
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress,
Mayor Harold Heischober, Barbara M. Henley, H. Jack
Jennings, Jr., Louis R. Jones, Robert C. Jones, Vice
Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S. and
Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Abse,.it:
None
February 18, 1986
I
- 20a -
AN ORDINANCE TO TRANSFER $132,900
OF CAPITAL PROJECT FUNDS TO
PROVIDE A SECOND ACCESS INTO
BELLAMY WOODS SUBDIVISION
ACROSS SALEM CANAL
WHEREAS, in October, 1984 a city/developer agreement to provide a
second access into Bellamy Woods Subdivision in the Kempsville Borough was exe-
cuted with the developer responsible for design, bidding and construction
administration, and
WHEREAS, under project #2-010 Bellamy Area Access Bridge in the
FY 1986-1989 Capital Improvement Program, the city budgeted $224,175 for its
share of the project cost based upon the developer's estimated total cost of
$332,175, and
WHEREAS, the current total cost of the project is now estimated to
be $469,550 with the city's share amounting to $357,075, and
WHEREAS, the additional appropriation necessary to finance the
$132,900 increase in the city's share may be provided by the transfer of funds
from project #2-951 Lake Banbury outfall Drainage.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA that funds in the amount of $132,900 be transferred
from project #2-951 Lake Banbury Outfall Drainage to #2-010 Bellamy Area Access
Bridge for construction of the bridge.
BE IT FURTHER ORDAINED that the contract be awarded to the low
bidder, Crowder Contracting Company, Incorporated.
This ordinance shall be effective from the date of its adoption.
Adopted by the Council of the City of Virginia Beach on the
Eighteenth day of February 19 86.
PWC 13/ORD14
APPROVED AS TO CONTENTI@
J,..
- 21 -
ITEM II-I.4
RESOLUTION/ORDINANCE ITEM # 24978
Upon motion by Councilman Fentress, seconded by Councilman McCoy, City Council
ADOPTED:
Ordinance to amend and reordain Section 2-89 of the
Code of the City of Virginia Beach pertaining to annual
review of City Council Appointees
Voting: 9-2
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress,
Mayor Harold Heischober, H. Jack Jennings, Jr.,
Louis R. Jones, Robert G. Jones, Vice Mayor Reba S.
McClanan, J. Henry McCoy, Jr., D.D.S.
Council Members Voting Nay:
Barbara M. Henley, Meyera E. Oberndorf
Council Members Absent:
None
21a -
AN ORDINANCE TO AMEND AND REORDAIN
SECTION 2-89 OF THE CODE OF THE
CITY VIRGINIA BEACH PERTAINING TO
ANNUAL REVIEW OF APPOINTEES
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
VIRIGNIA BEACH, VIRGINIA:
That Section 2-89 of the Code of the City of Virginia
Beach is hereby amended and reordained as follows:
Section 2-89. Annual and-periedie review of direct appointees.
(a) Annually-in Between May 15 and Geteber July 1 of each
year, the-mayer-and-viee-mayer-shall each member of city council
@a submit a report to city-eeunell the mayor or his designee
evaluatinq the performance of 4ts city council's direct
appointees, namely, the city manager, city attorney, clerk of
council, and city real estate assessor, in a form or manner
selected by the individual council member.
(b)fe*Notwithstanding any other provisions of law, the
direct appointees of council mentioned in (a) above shall have
their salaries and benefits determined annually in October by
action of city council which salaries and benefits shall have an
effective date of January 1 of each year- 7 provii3edT-howevet-7-that
sueh-elireet-appointeesT-with-the-emeeptien-of-the-eity-manager7-shall
reeeive-all-clemeral-inereases-whieh-may-be-(Jranted-at-any-time-to-eity
empieyees-6y-eeuneilr
Adopted this 18 day of February 1986, by the
Council of the City of Virginia Beach, Virginia.
RMB/jmh
(01/15/86)
( 0 2/0 2/8 6
(B.1)
- 22 -
Item II-J
CONSENT AGENDA ITEM # 24979
Upon motion by Councilwoman Oberndorf, seconded by Councilman Robert Jones, City
Council APPROVED in ONE MOTION Items 2, 3, and 4.
Item #1 was voted upon seperately
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress,
Mayor Harold Heischober, Barbara M. Henley, H. Jack
Jennings, Jr., Louis R. Jones, Robert G. Jones, Vice-
Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S. and
Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
- 23 -
ITEM II-J. I
CONSENT AGENDA ITEM # 24980
Upon motion by Councilman Jennings, seconded by Councilman Fentress, City
Council ADOPTED:
Resolution of Dissolve:
Air Cusion Advisory Comittee
Citizens To Study Impact of State & Federal
Legislative Actions on City Governments
Environmental Ad Hoc Committee
Fra,icis Land House Committee To Study Bid Proposals
Study Commission on Local Government
Councilman Jennings felt there may be a need for the AIR CUSHION ADVISORY
COMMITTEE to reconvene.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress,
Mayor Harold Heischober, Barbara M. Henley, H. Jack
Jennings, Jr., Louis R. Jones, Robert G. Jones, Vice
Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S. and
Meyera Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
Feb
- 23a -
RESOLUTION OF DISSOLVE
WHEREAS: Virginia Beach City Council shares the concerns of the
citizenry and to better serve those residents or areas with problems of
the City as awhole by addressing specific concerns;
WHEREAS: There are more than fifty Boards and Commissions whose
membership is appoi,.ited by the governing body; and
WHEREAS: From time to time, City Council deems it necessary to
make additional appoiitments of committees or other groups to serve a
particular interest which when served no longer is necessary; and,
WHEREAS: These committees have labored in behalf of the City,
reported their findings and now desire to be discharged to make
themselves available for other duties.
NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City
Council recognizes the volunteer efforts of these citizens with
gratitude for their service and a job well done!
BE IT FURTHER RESOLVED: That the following Ad Hoc Conunittees be
discharged and the City Clerk directed to remove them from the
appointive agencies of the City of Virginia Beach:
Air Cushion Advisory Committee
Citizens To Study Impact of State & Federal
L,egislative Actions on City Governments
Environmental Ad Iloc Committee
Francis Land House Committee To Study Bid Proposals
Study Conmission on Local Government
LET IT HERE BE KNOWN:
Gratitude takes three forms:
A feeling in the heart
An expression in words
A giving in return!
Given under my hand and seal
this Eighteenth day of February
Nineteen Hundred and Eighty-Six
- 24 -
Item 11-J. 2
CONSENT AGENDA ITEM # 24981
Upon motion by Councilwoman Oberndorf, seconded by Councilman Robert Jones,
City Council ADOPTED upon SECOND RFADING:
Ordinance to accept $37,000 from the Department of
Corrections and to appropriate these funds to the
Commnity Diversion Incentive Program Expansion.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress,
Mayor Harold Heischober, Barbara M. Henley, H. Jack
Jennings, Jr., Louis R. Jones, Robert G. Jones, Vice-
Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S. and
Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
- 24a -
AN ORDINANCE TO ACCEPT $37.000 FROM
THE I)EPARTMENT OF CORRECTIONS AND
TO APPROPRIATE THESE FUNDS TO THE
COMMUNITY DIVERSION INCENTIVE
PROGRAM EXPANSIO\'
WHEREAS, the Community Diversion Incentive Program has been
operating in the City of Virgiiiia Beach for a titimber of years. diverting
adjudicated non-violent offenders from jail, allowing them to make
restitution through commitnity service. nnd
WHEREAS. the Department of Corrections has announced the awarding
of funds to cover the state and local felons which have been diverted in
excess of the fiscal year goal, and
WHEREAS. the additional award for purchase of client service
for ten state and two local felons at $3,600 and S500 each respectively.
is 100 percent funded by the Department of Corrections and requires no
local expenditure of funds.
NOW, THEREFORE. BE IT ORDAINED BY THE COUINICIL OF THE CITY OF
VIRGINIA BEACH. VIRGINIA that funds in the amount of $37,000 be accepted
from the State Department of Corrections and that said funds be appro-
priated to the Community Diversion Incentive Program expansion.
This ordinance shall be In effect from the date of Its adoption.
Adopted by the Council of the City of Virginia Beach. Virginia
on the Eighteenth day of February. 1986.
First Reading: 10th day-of -Fe@@y, 1986
Second Reading: 18th day of February, 1986
PWC 4/ORDI
- 25 -
Item II-J.3
CONSENT AGENDA ITEM # 24982
Upon motion by Councilwoman Oberndorf, seconded by Councilman Robert Jones,
City Council AUTHORIZED FINAL APPROVAL of an Ordinance closing,
vacating aid discontinuing a portion of 25th Street in the petition
of 24th Street Associates (Lynnhaven Borough)
Application of 24th Street Associates, for the
discontinuance, closure and abandonment of a por-lion of
25th Street, formerly "E" Street beginning at the
eastern boundary of Barberton Drive and running in a
southeasterly direction a distance of 620 feet,
(Lynnhaven Borough).
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress,
Mayor Harold Heischober, Barbara M. Henley, H. jack
Jennings, Jr., Louis R. Jones, Robert G. Jones, Vice-
Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S. and
Meyera E. Oberndorf
Council Members Voting Nay:
None
Gouncil Members Absent:
None
Februar 18 1986
25a
ORDINANCE 1;0.
IN THE MATTER OF CLOSING, VKCATING AND DISCONTITTUING A PORTION OF
THAT CERTAIN STREET OF VARIABLE WIDTII, KNOWN AS 25TIf STRr-.ET,
FORMERLY 'E' STREET, LOCATED IN LYNNHA.VEN BOROUGH IN THE CITY OF
VIRGINIA BEACH, VIRGINIA, AND SHOWN ON TFIAT PLAT ENTITLED,
'WOODLAND, PROPERTY OF NORA14?4L RL,:ALTY CORPORATION', WliICii PLAT l@
RECORDED IN THE CLERK'S OFFICE OF THE CITY OF VIRGINIA BEAC14,
VIRGINIA, IN MAP BOOK 7, P.T PAGE 98.
WIIEREAS, it appearing by Affidavit that proper notice has
been given by 24th Street Associates, a Virqinia General
Partnership, that it would make application to the Council of the
City of Virginia Beach, Virginia, on July 1
1985, to have the hereinafter described street discontinued,
closed and vacated; and
WHEREAS, it is the judgment of the Council that said street
be discontinued, closed and vacated;
NOW THEREFORE,
SECTION I
BE IT ORDAINED by the Council of the City of Virqinia Beacti,
Virginia, that the hereinafter described street be discontinued,
closed and vacated:
Beginning at a point in the castern side of
Barberton Drive, formerly leloodland Avenue, wliicl-i
point is also the southeastern terminus of th(:!
intersection of 25tli Street, formerly "E' Street,
with the eastern side of Barberton Drive, formerly
Woodland Avenue, and from said point north 30
degrees 13 minutes east, 50 feet to a point in the
north sicle of 25th Street whicii is also tlil,
northeastern terminus point of Parberton Drivc and
25th Street, thence soutli 59 degrees 47 minutes
east along the nortli side of 25th Street, G15 feet
to a point in the north side of 25th rtrLLt,
tlience south 22 deqrees 56 minutes west, 50 foct
to a point in the south side of 25tti Street,
thence north 59 degree.,; 47 minutes west, C20 feet
I.
25b
to the point of beginning along the soutli side of
25th Street.
All as shown on the plat of Woodland, property of
Noranne Realty Corporation, Princess Anne County,
Virginia, made by c. W. Armistead, C.E., l' =
1001, dated August, 1925, and recorded in Map Book
7, at page 98 in the Clerk's Office of the Circuit
Court of the City of Virginia Beach; Woodland
Avenue on said plat now being Parberton Drive and
"E" Street now being 25th Street.
Said parcel of land being a portion of 25th Street, 'E' Street, as
indicated on that certain plat of property known as Woodland,
Property of Noranne Realty Corporation, which plat is recorded in
Map Book 7, at page 99, in the Clerk's office of the Circuit Court
of the City of Virqinia Beach, to which plat reference is hereby
made.
SECTION II
A certified copy of tlii@@ Ordinance shall be fileci in the
Office of the Circuit Court of the City of Virainia Reach, indexed
in tlie name of the City of Virginia Beach, as qrantor.
SECTION III
This ordinance shall be effective sixty (60) days from
the date of its adoption.
FINAL APPROVAL - FEBRUARY 18, 1986
- 26 -
Item II-J.4
CONSENT AGENDA ITEM # 24983
Upon motion by Councilwoman Oberndorf, seconded by Councilman Robert Jones,
City Council APPROVED:
RAFFLE PERMITS
James K. Cole Memorial Scholarship Fund
Independence Lions Club of Virginia Beach
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress,
Mayor Harold Heischober, Barbara M. Henley, H. Jack
Jennings, Jr., Louis R. Jones, Robert G. Jones, Vice-
Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S. and
Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
None
February 18, 1986
- 2 7 -
Item II-K.1.2.3.
APPOINTMENTS ITEM # 24984
BY CONSENSUS, City Council RESCHEDULED APPOINTMENTS to:
ADVER.TISING SELECTION OOMMITTEE
EASTERN VIRGINIA MEDICAL AUTHORITY
PERSONNEL BOARD
- 28 -
Item 11-L.1
UNFINISHED BUSINESS ITEM # 24985
ADD-ON
Councilwoman Henley referenced the status of the Committee composed of Vice
Mayor McClanan and Councilman Fentress to review the CONFLICR OF INTEREST
ORDINANCE.
Vice Mayor McClanan complimented both the draft proposal of Councilman
Robert Jones and the Ordinance prepared by the MAYOR'S CODE OF ETHICS
OONMITTEE- The Committtee will address the concerns of City Council
relative this Ordinance. Vice Mayor McClanan further advised she and
Councilman Fentress will reveiw same with the City Attorney. After this
review, the Committee will return to City Council with their opinions.
Upon tenative approval of this Ordinance, Vice Mayor McClanan suggested a
further review by two of the retired judges of the City.
Councilman Jennings requested a copy of his concerns be forwarded to Vice
Mayor McClanan and Councilman Fentress.
- 29 -
Item II-M.1
NEW BUSINESS ITEM # 24986
Deputy City Manager Aubrey Watts introduced Wade Kyle, Administrator of
Solid Waste, who presented information on the implementation plan of the
AUTOMATED REFUSE COLLECTION SERVICES.
On April 1, 1985, City Council authorized Public Works to proceed with a
phase-in program of AUTOMATED REFUSE COLLECTION SEELVICES. On October 7,
1985, City Council APPROVED the bids for the first year phase-in consisting
of approximately 16,000 homes.
Mr. Kyle reiterated the following designations:
The Tuesday areas will consist of the North Great
Neck Road Corridor from the Long Creek Bridge down
to Wolfsnare Creek.
The Wednesday areas will consist of Thoroughgood,
Lake Smith Terrace, and some of Pembroke.
The Thursday areas will consist of Larkspur into
some of the Green Run area.
Friday areas will consist of Carolanne Farms,
Arrowhead, and over into Fairfield.
With the assistance of the City Mapping Computer, the Staff has designed
individual routes. In conjunction with this, individual maps have been
developed for the drivers.
The initial routes are devised for 600 homes a day; however, there is an
ultimate goal of 900 homes per day.
A Solid Waste Management Committee comprised of the Administrator of Solid
Waste, the Superintendent of Refuse Collection, the Assistant
Superintendent, Two Field Supervisors, Two Drivers, and Two Collectors was
formed. Their basic task was to discuss the field problems, the education
of the public, the choosing of the drivers, the relaying of this
information to the 180 employees; as well as assisting in the drafting of
the Ordinances to be presented to Council within the next few weeks.
Various avenues have been devised through the assistance of the Public
Information Office to inform the public of this AUTOMATED REFUSE COLLECTION
process.
- 30 -
Item II-M.2
NEW BUSINESS ITEM # 24987
The Deputy City Manager, Aubrey Watts, introduced Police Chief Charles Wall
wbo presented information relative INCREASE IN AN@ ADOPTION FFES.
Section 5-71 of the City Code allows the City Manager to determine the
adoption fee, not to exceed $50.00. The Police Department has recommended
the adoption fee be raised to $.5o.uu, with $40.00 of this fee to be
refunded to the adopter upon proof of spaying or neutering being presented.
The Virginia Beach SPCA has indicated it will increase its rebate to $40.00
if the City of Virignia Beach does likewise.
William Clarke, Superintendent of Animal Control, also responded to City
Council's inquiries.
Carol Kovak, Executive Director, Virginia Beach SPCA, advised the clinic
located behind their facility is a private enterprise and not under their
ownership. It is best to leave the adopted pet with the owners for
thirty-days prior to being spayed or neutered.
This Ordinance will be SCHEDULED for the City Council Meeting of February
24, 1986.
- 31 -
Item II-M.3
NL?W BUSINESS ITEM # 24988
The Deputy City ManagerAubrey Watts,introduced Fire Chief Harry Diezel who
presented information relative OPEN BURNING.
Chief Diezel advised Staff is recommending a Total Ban on OPEN BURNING as
of January 1, 1988, based upon the recent Task Force Representation and
data provided.
The Task Force Representation was comprised of the following:
Mr. Dick Cockrell, Agriculture
Dr. George Sjolund, Health
Mr. Wade Kyle, Public Works
Mr. Robert Loher, Permits and Inspections
Mr. James Bright, Virginia Division of Forestry
Ms. C. Allen, Virginia Division of Forestry
District Chief Jack Brammer, Fire Prevention
Battalion Chief Mike Wade, Fire Prevention
The Mayor advised he had requested the City Manager discuss with the
necessary departments the possiblity of moving tbis Total Ban on OPEN
BURN114G to January 1, 1987.
Ordinances will be SCHEDULED for City Council action.
32 -
Item II-N.1
ADJOURNMENT ITEM 24989
Upon motion by Councilman Robert Jones and BY ACCLAMATION, City Council
ADJOURNED the meeting at 6:05 P.M.
Chief Deputy City Clerk
R Ilod8 . Smith, CMC Mayoe Hai-o
City Clerk
City of Virginia Beach
Virginia
February 18, 1986