APRIL 1, 1985 MINUTES
Cit@ C)f -vir-wi@i@
"WORLD'S LARGEST RESORT CITY"
C17Y COUNCIL
MAYOR EAROLD HEISCHORM. At L-g.
VICE MAYOR REHAS. VCLANAN @.. A- @A
JOHN A. BAUM. @k-- @h
NANCY A. CREECJI. At L-#.
ROBERT E. F@, V"- B.-A B-gh
@ARA M. @ P.@ @A
H@ JACK JEAWINGS, JR., Ly-".- B-ph
LOUIS R. JONES. O.Y@ @h
RORMT G. JONES. At @.
J. HENRY M@COE JR.. K-@ B-gh
MEYFRA E. OBERNDORP. Af $81 CRIYHALL BULLDING
MUIVICIPAL CE@
RUTH HODGES SMITH CMC. Cly Ckk CITY COUNCIL AGENDA VIRC;INIA BEACH VIRGINL4@WN
l8O4]4f7.4nS
April 1, 1985
Virginia Beach City Council
ITEM I. NG OF VIMINIA BEAai CITY L - C,,f,,@ PM - 1 ,M
A. CALL TO OIOER - vice-mayor Reba s. McClanan, Presiding
B. P--T- CALL OF COUNCIL
C. MOTION TO RECESS INM EXE=IVE SFSSION
ITEM II. SEssioN OF VIRGINIA BEACH CITY L - Council s - 2 PM
A. INVWATION: Bishcp James j. @trong
Church of Jesus Christ of Latter Day Saints
B, PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATFS OF AMERRA
C' NIC ROE-T CALL OF CITY CCUNCIL
D. CITY ER'S ADMNISMTIVE ITEMS
1. Review of @ent Aqenda
E. @OR/ - DISCLJSSION OF pERTINENr MATRERS
F. KNUTES
1. Motion to accept/aloprove the Minutes of March 25, 1985.
G. PROCLAMATION
1. Child Abuse Prevention Month
2. Week of the Y@ Child - April 7-14, 1985
H. PRESENRATION
1. Mr. Arthur L. Collins, ChairTnan of the Hanipton Rc)ads Water
@ality Agency - $30,000 to the City of Virginia Beach for
the Back Bay Watershed Mamgentent Plan.
I. OC)NSENT 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 mcrtion in the form listed. If an itern is
remved frcm the Consent Agenda, it will be discussed and
voted upon separately.
1. Resolution endorsing and supporting a litter control
program for the City and directing the City Manager to
cause such information or naterials, as niay be necessary,
to be provided to the Virginia Departrrent of Conservation
and Historic Resources to permit the review, approval,
and funding of said program.
2. ordirkmce to amend and reordain Section 21-80 of the Code
of the City of Virginia Beach pertaining to display of
plate or decal generally.
3. Ordinance to amend and reordain Section 27-7 of the Code
of the City of Virginia Beach, Virginia, pertaining to
interference with police animals.
4. ordiriance to amend and reordain Section 5-3 of the Code
of the City of Virginia Beach, Virginia, pertaining to
general restriction on keeping livestock and other
anixpals.
5. ordinance to authorize a t@rary encroa t into a
portion of the right-of-uey of Virginia Avenue, to
Malbryge, Iricorporated, its assigns and successors in
title.
6. ordinance appointing Viewers in the petition of Terry
Cc)rporation for the closure of a portion of Silverleaf
ive Kenpsville Borough).
7. ordinance appointing Vieuers in the petition of Terry
Corporation for the closure of a portion of Princess Anne
@d (Kenipsville Borough).
B. Raffle Pennits:
Kingston P.T.A.
Ladies Auxiliary of Mahones Brigade
9. Request of the ssioner of Revenue for license
refurids in the amount of $7,650.34.
J. UNFINIESHED BUSINESS
PLFASE LAST PAGE OF BRIEF WITH THIS PAGE
K. NEW BUSINESS
1. Presentation by Healt'h Insurarice Consultant
2. Interim Finamial Statemnts for Period of July 1, 1984
through February 28, 1985
3. Presentation of 1985@ operating Budget
L. AWO(JRNMM
1. Mc)tion to adjourn.
4
Item II-F. I
MINUTES ITEM # 23434
Upon motion by Councilwoman Oberndorf, seconded by Councilwomau Henley,
City Council APPROVED the Minutes of April 1, 1985, with the following
CORRECTION:
Page 27 - ITEM # 23429 - NATIONAL LEAGUE OF CITIES
CONFERENCE
The word "mandates" shall be replaced with "manifests".
"...If the City agrees to take al@y hazardous wastes
iiito our Laiidfills, there are mandates ma,@ifests
that will have to be sigiied."
Voting: 8-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress,
Barbara M. Henley, H. Jack Jennings, Jr., Robert G.
Jones, J. Heiiry McCoy, Jr., D.D.S., and Meyera
E. Oberndorf
Couticil Members Voting Nay:
None
Council Members Abstainiiig;
Mayor Harold Heischober aiid Louis R. Jones
COULICil Members Absent:
Vice Mayor Reba S. McClanan
April 8, 1985
M I N U T E S
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
April 1, 1985
The Regular Meeting of the Council of the City of Virginia Beach, Virginia,
was called to order by Vice Mayor Reba McClanan in the Conference Room, City
Hall Building, on Monday, April 1, 1985, at 1:00 in the afternoon.
Council Members Present:
John A. Baum, Robert E. Fentress, Barbara M. Henley,
H. Jack Jennings, Jr., Vice Mayor Reba S. McClanan,
J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Absent:
Nancy A. Creech, Mayor Harold Heischober,
Louis R. Jones, and Robert G. Jones
Mayor Heischober was testifying today before the APPROPRIATIONS COMMITTEE
on the Subcommittee of Energy and Water Development on various projects
includitig Flood Canal #2,Rayburii Office Buildiiig, Washington,D.C.
Councilwoman Creech eiitered the EXECUTIVE SESSION at 1:25 p.m.
Councilman Louis Jones was out of the City
Councilman Robert Jones entered the EXECUTLVE SESSION at 1:07 p.m.
April 1, 1985
- 2 -
ITEM # 23406
Vice Mayor McClanan entertained a motion to permit Council to conduct its EXECU-
TIVE SESSION pursuant to Section 2.1-344, Code of Virginia, as amended, for
the following purpose:
1. 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 juris-
diction of the public body.
Upon motion by Councilman Fentress, seconded by Councilman Baum, City
Council voted to proceed into the EXECUTIVE SESSION.
Voting: 7-0
Council Members Voting Aye:
John A. Baum, Robert E. Fentress, Barbara M. Henley,
H. Jack Jennings, Jr., Vice Mayor Reba S. McClanan,
J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Nancy A. Creech, Mayor Harold Heischober,
Louis R. Jones and Robert G. Jones
April 1, 1985
- 3 -
ITEM # 23407
Vice Mayor McClanaLi entertained a motion to permit Council to conduct its EXECU-
TIVE SESSION pursuant to SectioD 2.1-344, Code of virgiaia, as amended, for
the following purpose:
1. PERSONNEL MATTERS: Discussion or consideration of employment,
assignment, appointment, promotion, performance, demotion,
salaries, disciplining or resignation of public officers,
appointees or employees.
Upon motion by Councilman Baum, seconded by Councilman McCoy, City Council
voted to proceed into the EXECUTIVE SESSION to be followed by the REGULAR
SESSION at 1:20 p.m.
Voting: 8-0
Council Members Voting Aye:
John A. Baum, Robert E. Fentress, Barbara M. Henley,
H. Jack Jennings, Jr., 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:
Nancy A. Creech, Mayor Harold Heischober,
and Louis R. Jones
April 1, 1985
- 4 -
R E G U L A R S E S S I 0 N
VIRGINIA BEACH CITY COUNCIL
April 1, 1985
2:00 p.m.
Vice Mayor McClanan called to order the Regular Session of the Virginia
Beach City Council in the Council Chambers, City Hall Building, on Monday,
April 1, 1985, at 2:00 in the afternoon.
Couiicil Members Present:
John A. Baum, Nancy A. Creech, Robert E. Fentress,
Barbara M. Henley, H. Jack Jennings, Jr., Robert G. Jones,
Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S.,
and Meyera E. Oberndorf
Council Members Absent:
Mayor Harold Heischober and Louis R. Jones
INVOCATlON: Bishop James J. Armstrong
Church of Jesus Christ of Latter Day Saints
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
April 1, 1985
- 5 -
CITY MANAGER'S ADMINISTRATIVE AGENDA
Item 11-D.1
CONSENT AGENDA ITEM # 23408
Councilman Baum referenced an Ordinance to amend and reordain Section 5-3
of the Code of the City of Virginia Beach, Virginia, pertaining to general
restriction on keeping LIVESTOCK and OTHER ANIMALS (See item II-I.4 of the
Consent Agenda).
This item will be pulled for discussion.
MAYOR/COUNCIL - DISCUSSION OF PERTINENT MATTERS
Item II-E.1
FYI ITEM # 23409
Councilwoman Henley referenced letter from Attorney Michael E. Wood
concerning DEFERRAL of the Application of 0. D. GRIMSTEAD (PUNGO BOROUGH)
from the April 8, 1985, City Council Meeting to May 6, 1985. This letter
was contained in City Council's "For Your Information" Package.
The Ciy Clerk advised that this application had been advertised for PUBLIC
HEARING on April 8, 1985, and this had been explained to the applicant.
They may request DEFERRAL at the City Council Meeting of April Eighth.
April 1, 1985
6
Item 11-F.1
MiNUTES ITEM # 23410
Upon motion by Councilwoman Creech, seconded by Councilwoman Henley, City
Council APPROVED the Minutes of March 25, 1985, with the following CORRECTION:
The Cover Sheet of the MINUTES incorrectly
advised Councilman Jennings as being on
vacation.
The MINUTES shall be corrected to read as
follbws:
Councilman Jennings was GUEST SPEAKER at an
INSURANCE SALES & MARKETING CONFERENCE in
Tampa.Florida.
Voting: 8-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress,
Barbara M. Henley, H. Jack Jennings, Jr., Robert G. Jones,
Vice Mayor Reba S. McClanan, and J. Henry McCoy, Jr., D.D.S.
Council Members Voting Nay:
None
Council Members Abstaining:
Meyera E. Oberndorf
Council Members Absent:
Mayor Harold Heischober and Louis R. Jo@es.
April 1, 1985
7
Item II-G. 1
PROCLAMATION ITEM # 23411
Vice Mayor McClanan PROCLAIMED the month of April 1985 as:
CHiLD ABUSE PREVENTION MONTH
This PROCLAMATION was accepted by Frances Elrod, Director of Social Services.
Sandy Geniesse, Family Violence Services Coordinator and Members of the
Multi-Discipline Team on Child Abuse and Neglect were also in attendance.
A BUMPER STICKER "IT SHOULDN'T HURT TO BE A CHILD" was preseuted to each
Council Member.
This PROCLAMATION recognized dedicated iadividuals aad organizations who
work daily to counter the problem of child abuse aDd neglect and said
child abuse and neglect is a responsibility of all citizens of Virginia
Beach.
April 1, 1985
7a
WHEREAS, the incidence and prevalence of child abuse and neglect have
reached alarming proportions in the United States, where 2,522 cases of child
abuse and neglect were investigated in Virginia Beach during fiscal year
1983-84; and
WHEREAS, Virginia faces a continuing need to support innovative programs
to prevent child abuse and assist parents and family members when child abuse
occurs; and
WHEREAS, Congress has expressed its commitment to seeking and applying
solutions to this problem by establishing April as Child Abuse Prevention
Month nationwide; and
WHEREAS, in Virginia Beach, we have dedicated individuals and organizations
who work daily to counter the problem of child abuse and neglect and to help
parents obtain the assistance they need; and
WHEREAS, prevention of child abuse and neglect, a responsibility of all
citizens of Virginia Beach, will only result from community education and
awareness of better child rearing practices, recognition of a community's
obligation to protect all children from abusing adults, and a personal commit-
ment to help a neighbor experiencing difficulty in the parent role.
NOW, THEREFORE, I, Harold Heischober, Mayor of the City of Virginia Beach,
do hereby proclaim the month of April 1985 as
CHILD ABUSE PREVENTION MONTH
in the City of Virginia Beach and call upon our citizens to observe the month
with appropriate programs, ceremonies and activities.
IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of
the City of Virginia Beach to be affixed this first day of April, nineteen
hundred and eighty-five.
Harold Heischober
Mayor
April 1, 1985
8
Item 11-G.2
PROCLAMATION ITEM # 23412
Vice Mayor McClanan PROCLAIMED the week of April 7-14, 1985 as:
WEEK OF THE YOUNG CHILD
This PROCLAMATION was accepted by Rebacca A. Moore, Vice President of the
TIDEWATER ASSOCIATION for Early Child Education. Rebecca Moore invited Council
Members to attend an Art Show at WATERSIDE and presented each Council Member
with a button stati@g "CHILDREN ARE AN INVESTMENT IN THE FUTURE".
This PROCLAMATION urged citizens to support and encourage all agencies
working for the well being of young children.
April 1, 1985
- 8a
WHEREAS, the Tidewater Association for Early Childhood Education and the
Tidewater Child Care Association, in conjunction with the Virginia Association
for Early Childhood Education and the National Association for the EducatiDn of
Young Children, are sponsoring the Week of the Young Child, April 7-14, 1985;
and
WHEREAS, by calling attention to the educational and service programs pre-
sently available to our young children, thebe voluntary, professional groups
hope to improve the quality of these programs as well as initiate new offerings;
and
WHEREAS, these improved efforts will serve to insure that our young children,
regardless of social or economic status, will reach their physical, social, emo-
tional, and intellectual potential; and
WHEREAS, public cooperation from home, school, and community is needed to
fulfill our responsibilities to young children.
NOW, THEREFORE, I, Harold Heischober, Mayor of the City of Virginia Beach,
do hereby proclaim the week of April 7-14, 1985 as
WEEK OF THE YOUNG CHILD
in Virginia Beach and urge citizens to support and encourage all agencies
working for the well being of young children.
IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of
the City of Virginia Beach to be affixed this first day of April, nineteen
hundred and eighty-five.
old Heischober
Mayor
April 1, 1985
9
Item II-H. I
PRESENTATION ITEM #23413
Arthur L. Collins, Chairman of the HAMPTON ROADS WATER QUALITY AGENCY,
presented a check in the amount of Thirty Thousand ($30,000) Dollars to
the City of Virginia Beach for the BACK BAY WATERSHED MANAGEMENT PLAN.
He referenced these funds are from local, State and Federal sources
which signifies that BACK BAY is aresource of both State and National
concern.
Arthur Collins complimented Members of the Mayor's Committee on Back
Bay, particularly Councilwoman Henley and Councilman Baum as well as
Jack Whitney and his staff.
Councilwoman Henley expressed appreciation for this contribution.
April 1, 1985
- 10 -
Item II-I.
CONSENT AGENDA ITEM # 23414
Upon motion by Councilwoman Creech, seconded by Councilman McCoy, City
Council APPROVED in ONE MOTION Items 1 through 9 of the CONSENT AGENDA
with the exception of:
Item II-I.4 was voted on separately and ADOPTED by a Vote of 9-0.
Voting: 9-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress,
Barbara M. Henley, H. Jack Jennings, Jr., 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:
Mayor Harold Heischober and Louis R. Jones.
April 1, 1985
Item II-1. I
CONSENT AGENDA ITEM 23415
Upon motion by Councilwoman Creech, seconded by Councilman McCoy, City
Council ADOPTED a Resolution endorsing and supporting a LITTER CONTROL
PROGRAM for the City and directing the City Manager to cause such in-
formation or materials, as may be necessary, to be provided to the VIRGINIA
DEPARTMENT OF CONSERVATION AND HISTORIC RESOURCES to permit the review,
approval, and funding of said program.
Voting: 9-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress,
Barbara M. Henley, H. Jack Jennings, Jr., 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:
Mayor Harold Heischober and Louis R. Jones.
April 1, 1985
lia -
R E S 0 L U T I 0 N
WHEREAS, the Virginia Department of Conservation and
Ilistoric Resources, Division of Parks and Recreation, provi-
des public funds for the purpose of local litter control
programs, and
WHEREAS, the Council of the City of Virginia Reach
recognizes the need for a litter control program along the
city's public beaches, and
WHEREAS, the City has developed an eight week litter
control program which will make a significant contribution
to the aesthetics of the city's shoreline.
NOW THEREFORE BE IT RESOLVED that the Council of the
City of Virginia Beach endorses and supports such a litter
control program for the City and directs the City Manager to
catise such information or materials, as may be necessary, to
be provided to the Virginia Department of Conservation and
Historic Resources to permit the review, approval, and
funding of said program.
BE TT FURTHER RESOLVFD that the Virginia Department of
Conservation and Historic Resources Division of Parks and
Recreation, is hereby requested to consider and approve tlie
City's application and program.
This Resolution shall be effective from the date of its
adoption.
Adopted by the City Council of the City of Virginia
Beach, Virginia on the day of April -1 l9F5.
JCM/31 April 1, 1985
- 12 -
Item II-1.2
CONSENT AGENDA ITEM # 23416
Upon motion by Councilwoman Creech, seconded by Councilman McCOY, CitY
Council ADOPTED an Ordiuance to amend and reordain Section 21-80 of the
Code of the City of Virginia Beach pertaining to display of PLATE OR DECAL
generally.
Voting: 9-0
Council Members Voting Aye:
John A. Baum, NaDcy A. Creech, Robert E. Fentress,
Barbara M. Henley, H. Jack Jennings, Jr., 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:
Mayor Harold Heischober and Louis R. Jones.
- 12a -
AN ORDINANCE TO AMEND AND REORDAIN
SECTION 21-80 OF THE CODE OF THE CITY OF
VIRGINIA BEACH PERTAINING TO DISPLAY OF
PLATE OR DECAL GENERALLY
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA THAT SECTION 21-80 IS HEREBY AMENDED AND
REORDAINED AS FOLLOWS:
Section 21-80. Display of plate or decal generally.
(a) A license plate issued under the provisions of this
article shall be displayed with the state license plate at the
front or rear of the vehicle for which it was issued.
(b) A license decal issued under this article shall be
affixed either at the upper edge of the center of the windshield
or shall be affixed on the windshield adjacent to the Official
Inspection Sticker displayed no more than three (3) inches from
the bottom of the windshield of-the-vehiele-fOr-Whieh-lesued
and no more than one-quarter of an inch to the left or right of
the Official Inspection Sticker.
Adopted on the 1 day of April 1985.
JAR/CLL/re
3/20/85
3/25/85
(ORD I)
AfpqolMD AS TO CO%M.N-S
... .......... .
APPROVED AS TO FORM April 1, 1985
SIGNATURE
CITY ATTORNEY
- 13 -
Item II-1.3
CONSENT AGENDA ITEM # 23417
Upon motion by Councilwoman Creech, seconded by Councilman McCoy, City
Council ADOPTED an OrdinaDce to amend and reordain Section 27-7 of the
Code of the City of VirgiDia Beach, Virginia, pertaining to interference
with POLICE ANIMALS.
Votilig: 9-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress,
Barbara M. Henley, H. Jack Jennings, Jr., 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:
Mayor Harold Heischober and Louis R. Jones.
April 1, 1985
- 13a -
AN ORDINANCE TO AMEND AND REORDAIN
SECTION 27-7 OF THE CODT OF THE CITY
OF VIRGINIA BEACH, VIRGINIA, PERTAINING
TO INTERFERENCE WITH POLICE ANIMALS
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That Section 27-7 of the Cod6 of the City of Virginia
Beach, Virginia, pertaining to interference with police animals
is hereby amended and reordained to reads as follows:
Section 27-7. Interference with police dogs animals.
Any person who willfully torments, beats, kicks,
strikes, injures, or otherwise mistreats &-dog an animal owned by
the Department of Police or who willfully interferes with the
lawful performance of such dog animal in a police activity shall
be guilty of a Class 2 misdemeanor. Any person who willfully
touches such dog animal in any manner after being directed not to
do so by a police officer shall be guilty of a Class 4
misdemeanor.
Adopted this I day of @rti 1985, by the
Council of the City of Virginia Beach, Virginia.
RMB/da
misc
3/18/85
April 1, 1985
- 14 -
Item 11-I-4
CONSENT AGENDA ITEM # 23418
Gene Yjein, retired Navy Pilot, President of the Tidewater Rabbit Breeders
Association and the Virginia Beach Neatherland Dwarf Club, spoke in support
of this Ordinance
R. J. Nutter, Assistant City Attorney, spoke concerning limitation of domestic
pets in any one household
Upon motion by Councilwoman Oberndorf, seconded by Councilwoman Henley, City
Council ADOPTED an Ordinance to amend and reordain Section 5-3 of the Code
of the City of Virginia Beach, Virginia, pertaining to general restriction
on keeping LIVESTOCK and OTHER ANIMALS.
Voting: 9-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress,
Barbara M. Hei)ley, H. Jack Jeniiings, Jr., 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:
Mayor Harold Heischober and Louis R. Jones.
April 1, 1985
- 14a -
AN ORDINANCE TO AMEND AND REORDAIN
SECTION 5-3 OF THE CODE OF THE CITY
OF VIRGINIA BEACH, VIRGINIA,
PERTAINING TO GENERAL R8STRICTION
ON KEEPING OF LIVESTOCK AND OTHER
ANIMALS
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
That Section 5-3 of the Code of the City of Virginia
Beach, Virginia, is hereby amended and reordained and shall read
as follows:
Section 5-3. General restriction on keeping of livestock and
other animals.
No person shall keep horses, cows, goats, sheep, swine
or other livestock or other animals within the city except in
areas designated for agricultural purposes or parcels specially
designated for by the council for the keeping of such animals.
This section shall not be construed to apply to:
1. Companion animals as defined in section 29-213.36 of
the Code of Virginia, 1950, as amended, when such animals are
kept as household pets in-the-resi44enee on the premises of the
ownerT;
2. To the operation of kennels, when authorized by
appropriate provisions of this Code7; or
3. 4!e The keeping of household pets for sale at
retail, where such keeping is authorized pursuant to law.
Adopted this I day of April , 1985, by the
Council of the City of Virginia Beach, Virginia.
RJN/da
3/13/85
3/1 8/8 5
(MISC)
April 1, 1985
- 15 -
Item II-1.5
CONSENT AGENDA ITEM # 23419
Upon motion by Councilwoman Creech, seconded by Couticilman McCoy, City
Council ADOPTED an Ordinance authorizing a temporary ENCROACHMENT into
a portion of the right-of-way of Virgiiiia Avenue, to MALBRYGE, INCORPORATED,
its assigns and successors in title.
This Encroachment shall be subject to the foilowing conditiods:
1. The owner agrees to remove the encroachment when
notified by the City, at no expense to the City.
2. The owner agrees to keep alid hold the City free
and harmless of any liability as a result of
the encroachment.
3. The owner agrees to maintain said encroachmelit so
as not to become unsightly or a hazard.
4. The owner must submit and have approved a traffic
control plan before commenciiig work within the City's
right-of-way.
5. No open cut of a public roadway shall be allowed ex-
cept under extreme circumstances. Such exceptions
shall be submitted to the Highway Division for final
approval.
6. This encroachment shall not be in effect until an
agreement has been executed encompassing the above
conditions.
Voting: 9-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress,
Barbara M. Henley, H. Jack Jennings, Jr., Robert G. Jones,
Vice Mayor Reba S. McClanan, J. Heiiry McCoy, Jr., D.D.S.,
and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Mayor Harold Heischober and Louis R. Jones.
April 1, 1985
- 15a -
AN ORDINANCE TO AUTHORIZE A TEMPORARY
ENCROACHMENT INTO A PORTION OF THE
RIGHT-OF-WAY OF VIRGINIA AVENUE, TO
MALBRYGE, INCORPORATED, ITS ASSIGNS
AND SUCCESSORS IN TITLE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That pursuant to the authority and to the extent
thereof c6ntained in Section 15.1-893, Code of virginia, 1950, as
amended, the Malbryge, Incorporated, its assiqns and successors
in title are authorized to construct and maintain a temporary
encroachment into a portion of the City right-of-way of Virqinia
Avenue.
That the temporary encroachment herein authorized is
for the purpose of constructing and maintaining a 211 sanitary
sewer force main and that said encroachment shall be constructed
in accordance with the City of Virginia Beach Public Works
Department's specifications as to size, alignment and location,
and further that such temporary encroachment is more particularly
described as follows:
An area of encroachment into a portion of
the City's right-of-way known as Virginia
Avenue as shown on that certain plat
entitled: 'ENCROACHMENT PLAT OF 21
SANITARY SEWER FORCE MAIN FOR TOWNHOUSES
AT VIRGINIA AVENUE," a copy of which is
on file in the Virginia Beach Department
of Public Works and to which reference is
made for a more particular
description.
PROVIDED, HOWEVER, that the temporary encroachment
herein authorized shall terminate upon notice by the City of
Virginia Beach to any officer of Malbryge, Incorporated, its
assigns and successors in title and within thirty (30) days after
such notice is given, said encroachment shall be removed from the
City right-of-way of Virginia Avenue and that Malbryge,
Incorporated, its assigns and successors in title shall bear all
costs and expenses of such removal.
And PROVIDED FURTHER, that it is expressly understood
and agreed that Malbryge, Incorporated, its assigns and
April 1, 1985
- 15b -
successors in title shall indemnify and hold harmless the City of
Virginia Beach, its agents and employees from and against all
claims, damages, losses, and expenses includinq reasonable
attorney's fees in case it shall be necessary to file or defend
an action arising out of the 1-ocation or existence of such
encroachment; and
PROVIDED FURTHER, this ordinance shall not be in effect
until such time that Malbryge, Incorporated, executes an
agreement with the City of Virqinia Beach encompassing the
afore-mentioned provisions and other provisions deemed
appropriate by the City Attorney.
Adopted by the Council of the City of Virginia Beach,
virginia, on the day of April 19 85
MES/re
2/27/85
(29A)
APPi"OVED AS TC,
DEIIAII,E,,
APPROVED AS tO FORM
-2-
April 1, 1985
15c
ffUPEE A IIE.
April 1, 1985
- 16 -
Item II-J.6
CONSENT AGENDA ITEM # 23420
Upon motion by Councilwoman Creech, seconded by Councilman McCoy, City
Council ADOPTED an Ordinance appointing Viewers in the petition of TERRY
CORPORATION for the closure a portion of SILVERLEAP DRIVE (Kempsville
Borough).
The Viewers are:
Robert J. Scott Director of Planning
David Grochmal Director of General Services
C. Oral Lambert, Jr. Director of Public Works
Voting: 9-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress,
Barbara M. Henley, H. Jack Jennings, Jr., Robert G. Jones,
Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S.,
and Meyera E. Oberndorf
Couiicil Members Voting Nay:
None
Council Members Absent:
Mayor Harold Heischober and Louis R. Jones.
April 1, 1985
16a
IN THE MATTER OF THE CLOSING,
VACATING, AND DISCONTINUING OF A
PORTION OF THAT CERTAIN STREET
KNOWN AS SILVERLEAF DRIVE, AS
SHOWN ON THAT CERTAIN PLAT
ENTITLED "PLAT SHOWING A PORTION
OF SILVERLEAP DRIVE (FORMERLY
HOLLAND ROAD RELOCATED) TO BE
CLOSED FOR TERRY CORPORATION OF
VIRGINIA KEMPSVILLE BOROUGH-
VIRGINIA BEACH, VIRGINIA,,, WHICH
PLAT IS AVAILABLE FOR REVIEW IN
THE OFFICE OF THE CITY ATTORNEY,
MUNICIPAL CENTER, VIRGINIA BEACH,
VIRGINIA
P E T I T I 0 N
TO: THE HONORABLE MAYOR AND MEMBERS OF VIRGINIA BEACH CITY
COUNCIL:
Your Petitioner, City of Virginia Beach, Virginia,
respectfully represents as follows:
1. That pursuant to the provisions of S15.1-364, Code
of Virginia, 1950, as amended, your Petitioner applies for the
vacating, closing, and discontinuance of that certain street,
described as follows:
That certain portion of Silverleaf Drive
beginning at a point 348.361 from the
intersection of Silverleaf Drive and
Independence Boulevard and from said point at
the beqinning continuing along an arc with a
radius of 307.04 feet, a distance of 184.81
feet to a point, thence along an arc with a
radius of 137 feet, a distance of 37.33 feet
to a point, thence along an arc with a radius
of 1,080 feet, a distance of 137.89 feet to a
point, thence S 46*01'54" East, a distance of
319.80 feet to a point, thence continuing
along an arc with a radius of 1,000 feet, a
distance of 549.50 feet in a westerly
direction to the point of beqinning as shown
on that certain plat entitle@ "PLAT SHOWING A
April 1, 1985
16b
DRIVE (FORMERLY HOLLAND ROAD RELOCATED) TO BE
CLOSED FOR TERRY CORPORATION OF VIRGINIA
KEMPSVILLE BOROUGH - VIRGINIA BEACH,
VIRGINIA," available for review in the Office
of the City Attorney, Municipal Center,
Virginia Beach, Virginia.
2. That Terry Corporation of Virqinia dedicated this
portion of Silverleaf Drive to the City of Virginia Beach, upon
the request of the City, and, subsequently, dedicated adjoining
parcels to the City allowinq the City to alter the intended
course of the street in consideration for the City closing this
portion of Silverleaf Drive.
3. That no inconvenience will result to any persons by
reason of said closing, vacation, and discontinuance of said
street.
4. That on the and days of 1985,
Notice of the presenting of this Application to City Council for
appointment of Viewers was published in the Virginia Beach Sun
News, a publication having general circulation throughout the
City.
5. That Timberlake Corporation is the fee simple owner
of land along and adjacent to and affected by said portion of the
platted street to be closed and, consequently, is the only land
owner to be affected by the same.
CITY OF VIRGINIA BEACH, VIRGINIA
By-
Of Counse
R. J. Nutter, II
Assistant City Attorney
Municipal Center
Virginia Beach, Virginia 23456
-2-
April 1, 1985
- 16c
(ilTY, ('ROMWI@i,],, BLTZ & 1,1@STI(i, 11.
R.,.@.. D G,,@ TE@pao..
W@@.. A..@
R .... @ D. C....... J.-
T...- F. B.T., J..
B.-. R. S-.., J.. VI...-A .. . .....
March 22, 1985
T..- S. C.....
R. E.-.
1, R. Edward Bourdon, Jr., attorney for Terry CorT)oration of
Virginia, do hereby certify that:
i. T am an attorney at law and represent Terry Corporation of
Virginia.
2. That based upon my examination of title, it is my oe)inion
that if the portion of the street sought to be closed is discontinued,
closed and vacated by the Council of the City of Virginia Beach, Virginia,
then title to said streets will vest in Terry Corporation of Virginia,
the owner of the fee in all adjacent property.
3. The portion of street to be closed, referred to herein, is
described as follows:
That certain portion of Silverleaf Drive, beginning
at a point 348.36' from the intersection of Silver-
leaf Drive and Independence Boulevard and from said
point at the beginning continuing along an arc with
a radius of 307.04 feet, a distance of 184.81 feet
to a point, thence along an arc with a radius of 137
feet, a distance of 37.33 feet to a point, thence
along an arc with a radius of 1,080 feet, a distance
of 137.89 feet to a point, thence S 46001'54" East,
a distance of 319.80 feet to a point, thence con-
tinuing along an arc with a radius of 1,000 feet,
a distance of 549.50 feet in a westerly direction to
the point of beginning as shown on that certain plat
entitled "PLAT SH014INC A PORTION OF SILVERLEAF DRI%T
(FORMT@RI,Y HOLLAND ROAD RELOCATED) TO BE CI,OSED FOR
TERRY CORPOPATTON OF VIRCTNTA KE@FPSVTLLE BOROUGH -
VIRCINIA BEACH, VIR(,TNTA."
CIFY, CRO,@,ELL, BETZ & 1,USTIC, P.C.
By
R. Ecix,,@ir(I Bourdnii, ]r.
pEliir/s,p
April 1, 1985
- 16d -
ORDINANCE APPOINTING VIEWERS
WHEREAS, City of Virginia Beach, Virginia, a municipal
corporatidn, has given due and proper notice, in accordance with
the statut6s for such cases made and provided that they will on
April 1, 1985, apply to the City of Virginia Beach, Virginia, for
the appointment of Viewers to view the below-described property
and report in writing to the City Council whether, in the opinion
of the Viewers, what, if any, inconvenience would result from the
discontinuance of the hereinafter described portion of that
certain street, and has filed such application with the said
Council.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE
CITY OF VIRGINIA BEACH, VIRGINIA:
That Robert J. Scott
David M. Grochmal
and lwipb--l- T,
are hereby appointed to
view the below-described property and report in writing to the
Council, as soon as possible, whether, in their opinion, any and,
if any, what inconvenience would result in the discontinuing and
vacating of a portion of that certain street of variable width
located in the City of Virginia Beach, virginia, and more
particularly described as follows:
That certain portion of Silverleaf
Drive beginning at a point 348.361
from the intersection of Silverleaf
Drive and Independence Boulevard and
from said point at the beginning
continuing along an arc with a
radius of 307.04 feet, a distance of
184.81 feet to a point, thence along
an arc with a radius of 137 feet, a
distance of 37.33 feet to a point,
thence along an arc with a radius of
1,080 feet, a distance of 137.89
feet to a point, thence S 46'0115411
East, a distance of 319.80 feet to a
point, thence continuing along an
arc with a radius of 1,000 feet, a
distance of 549.50 feet in a
westerly direction to the point of
beginning as shown on that certain
April 1, 1985
- 16e -
plat entitled "PLAT SHOWING A
PORTION OF SILVERLEAF DRIVE
(FORMERLY HOLLAND ROAD RELOCATED) TO
BE CLOSED FOR TERRY CORPORATION OF
VIRGINIA KEMPSVILLE BOROUGH -
VIRGINIA BEACH, VIRGINIA,' available
for review in the Office of the City
Attorney, municipal Center, Virginia
Beach, Virginia.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the I day of April 1985.
RJN/da
3/5/85
-2-
April 1, 1985
Tr-m -
OD
CITY OF VIRGTNIA BEACH
Closure of portion of Silverleaf Dr.,
Kempsville Borough.
1 7
item II-1. 7
CONSENT AGENDA ITEM # 23421
Upon motion by Councilwoman Creech, seconded by Councilman McCoy, City
Council ADOPTED an Ordinance appointing Viewers in the petition of TERRY
CORPORATION for the closure of a portion of PRINCESS ANNE ROAD (Kempsville
Borough).
The Viewers are:
Robert J. Scott Director of Plauning
David Grochmal Director of General Services
C. Oral Lambert, Jr. Director of Public Works
Voting: 9-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress,
Barbara M. Henley, H. Jack Jeniiings, Jr., Robert G. Jones,
Vice Mayor Reba S. McClaDan, J. Henry McCoy, Jr., D.D.S.,
aiid Meyera E. Oberndorf
Council Members Voting Nay:
None
Couacil Members Absent:
Mayor Harold Heischober and Louis R. Jones.
April 1, 1985
- 17a -
IN THE MATTER OF THE CLOSING,
VACATING, AND DISCONTINUING OF A
PORTION OF THAT CERTAIN STREET
KNOWN AS PRINCESS ANNE ROAD, AS
SHOWN ON THAT CERTAIN PLAT
ENTITLED "PLAT SHOWING A PORTION
OF PRINCESS ANNE ROAD TO BE CLOSED
FOR TERRY CORPORATION OF VIRGINIA
KEMPSVILLE BOROUGH-VIRGINIA BEACH
VIRGINIA," WHICH PLAT IS AVAILABLE
FOR REVIEW IN THE OFFICE OF THE
CITY ATTORNEY, MUNICIPAL CENTER,
VIRGINIA BEACH, VIRGINIA
P E T I T I 0 N
TO: THE HONORABLE MAYOR AND MEMBERS OF VIRGINIA BEACH CITY
COUNCIL:
Your Petitioner, City of Virqinia Beach, Virqinia,
respectfully represents as follows:
1. That pursuant to the provisions of SS15.1-364, Code
of virginia, 1950, as amended, your Petitioner applies for the
vacating, closing, and discontinuance of that certain street,
described as follows:
That certain portion of Princess Anne Road
beginning at a point 28.10 feet from the
easternmost corner of Lot 32 in the
Subdivision of Dunbarton - Section One,
recorded in Map Book 92, at Page 44, and from
said point of beginning N 15*58'33" West, a
distance of 100.50 feet to a point, thence S
21'4111211 East, a distance of 374.13 feet to a
point, thence S 42'43109" East, a distance of
115.76 feet to a point, thence S 21'41112"
East, a distance of 366.091 feet ot a point,
thence West along the northern right of way
line of Green Meadows Drive a distance of
51.55 feet to the point of beginning as shown
April 1, 1985
17b -
on that certain plat entitled "PLAT SHOWING A
PORTION OF PRINCESS ANNE ROAD TO BE CLOSED FOR
TERRY CORPORATION OF VIRGINIA KEMPSVILLE
BOROUGH - VIRGINIA BEACH, VIRGINIA,,, available
in the City Attorney's Office, Municipal
Center, Virginia Beach, Virginia.
2. That Terry Corporation of virginia dedicated this
portion of Princess Anne Road to the City of Virginia Beach, upon
the request of the City, and, subsequently, dedicated adjoining
parcels to the City allowing the City to alter the intended
course of a street in consideration for the City closing this
portion of Princess Anne Road.
3. That no inconvenience will result to any persons by
reason of said closing, vacation, and discontinuance of said
street.
4. It That on the and days of 1985,
Notice of the presenting of this application to City Council for
appointment of Viewers was published in the Virginia Beach Sun
News, a publication havinq qeneral circulation throughout the
city.
5. That Terry Corporation of Virginia and Robert E.
Hughes and Marilyn S. Hughes are the fee simple owners of all
land along and adjacent to and affected by said portion of the
platted street to be closed and, consequently, are the only land
owners to be affected by the same.
CITY OF VIRGINIA BEACH, VIRGINIA
By-__
Of (f unsel
R. J. Nutter, II
Assistant City Attorney
Municipal Center
virginia Beach, virginia 23456
-2-
April 1, 1985
- 17c
(itTY, CROMWFii,, lij,,TZ & 1,17ST]ti, P.
ATT..@.Y. T L-
p .. @.. D. G, P, ...... 011.1. p-,
W,@.. L@.@. A@. COD. 6.4
R...- B C---,J-- p...... O.I.-S@l.-
T..- F. B.T., J. -
B-. R. S-.., J.
j..... @ B. H--.
M. March 25, 1985
T... @. S. C@.@..
R. E.-..
1, R. Edward Bourdon, Jr., attorney for Terry Corporation of
Virginia, do hereby certify that:
1. I aTn an attorney at law and represent Terry Corporation of
Virginia.
2. That based upon my examination of title, it is my opinion
that if the portion of street sought to be closed is discontinued, closed
and vacated bv the Council of the City of Virginia Beach, Virginia, thell
title to said street will vest in Terry Croporation of Virginia and Robert
E. Hughes, Jr. and Marilyn S. Hughes, husband and wife, tbe adjacent land-
ou,ners.
3. Tlie portion of street to be closed, referred to herein, is
described as follows:
That certain portion of Princess Anne Road beginning
at a point 28.10 feet from the easternmost corner of Lot
32 in the Subdivision of Dunbarton - Section One,
recorded in Ilap Book 92, at Page 44, and from said point
of beginning N' 15@58'33" West, a distance of 100.50
feet to a point, thence S 21"41'12" East, a distance of
374.13 feet to a point, thence S 42"43'09" East, a
distance of 115.76 feet to a point, thence S 21041'12"
East, a distance of 366.09 feet to a point, thence West
along the northern right of way line of Green Meadows
Drive a distance of 51.55 feet to the point of begin-
ning as shown on that certain plat entitled "PLAT
SH014ITiC A PORTION' OF PRINCESS ANNE ROAD TO BE CLOSED
FOP. TERRY CORPOR,,%TTON OF VIRGINTA KE@TPSVTLI,E BOROUGH -
VTP,C,INTA BFACII, VIR(,INIA."
GUY, CRO@@,TELL, BETZ & LUSTIC,, P.C.
By
R. @ward Bourdon, Jr.
RFBjr/ssp
April 1, 1985
- 17d -
ORDINANCE APPOINTING VIEWERS
WHEREAS, City of Virginia Beach, Virginia, a municipal
corporation, has given due and proper notice, in accordance with
the statutes for such cases made and provided that they will on
April 1, 1985, apply to the City of Virginia Beach, Virginia, for
the appointment of Viewers to view the below-described property
and report in writing to the City Council whether, in the opinion
of the Viewers, what, if any, inconvenionce would result from the
discontinuance of the hereinafter described portion of that
certain street, and has filed such application with the said
Council.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE
CITY OF VIRGINIA BEACH, VIRGINIA:
That Robert J. Scott
David M. Grochmal
and Cl. Oral Lambert, Jr.
are hereby appointed to
view the below-described property and report in writing to the
Council, as soon as possible, whether, in their opinion, any and,
if any, what inconvenience would result in the discontinuing and
vacating of a portion of that certain street of variable width
located in the City of Virginia Beach, Virginia, and more
particularly described as follows:
That certain portion of Princess
Anne Road beginning at a point 28.10
feet from the easternmost corner of
Lot 32 in the Subdivision of
Dunbarton - Section One, recorded in
Map Book 92, at Page 44, and from
said point of beginning N 15'58133"
West, a distance of 100.50 feet to a
point, thence S 21'41112' East, a
distance of 374.13 feet to a point,
thence S 42'43109" East, a distance
of 115.76 feet to a point, thence S
21'4111211 East, a distance of
366.091 feet to a point, thence West
along the northern right of way line
of Green Meadows Drive a distance of
51.55 feet to the point of beginning
as shown on that certain plat
entitled 'PLAT SHOWING A PORTION OF
April 1, 1985
- 17e -
PRINCESS ANNE ROAD TO BE CLOSED FOR
TERRY CORPORATION OF VIRGINIA
KEMPSVILLE BOROUGH - VIRGINIA BEACH,
VIRGINIA', available in the City
Attorney's Office, Municipal Center,
Virginia Beach, Virginia.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the day of April 1985.
RJN/da
3/5/85
-2-
April 1, 1985
VIRGINIA BEACH
Closure of portion of Old Prinllls An,
Rd., Kempsville Borough.
April 1, 1985
- 18 -
Item II-I.8
CONSENT AGENDA ITEM # 23422
Upon motion by Councilwoman Creech, seconded by Councilman McCoy, City
Council APPROVED the following RAFFLE PERMITS:
KINGSTON P.T.A.
LADIES AUXILIARY OF MAHONES BRIGADE
Voting: 9-0
Council Members Voting Aye:
John A. Baum, NaDcy A. Creech, Robert E. Fentress,
Barbara M. Henley, H. Jack Jennings, Jr., 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 Absent:
Mayor Harold Heischober and Louis R. Jones.
April 1, 1985
- 19 -
Item II-I.9
CONSENT AGENDA ITEM # 23423
Upon motion by Councilwoman Creech, seconded by Councilman McCoy, CitY
Council ADOPTED an Ordinance authori@ing License Refunds in the amount
of $7,650.34 upon application of certain persons and upon certification
of the Commissioner of the Revenue.
Voting: 9-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress,
Barbara M. Henley, H. Jack Jennings, Jr., 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:
Mayor Harold Heischober and Louis R. Jones.
April 1, 1985
FORM NO. C.A. 8
- 19a -
AN ORDINANCE AUTHORIZING LICENSE REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONR=R
OF THE REVENUE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for license refunds, upon certification of the Commissioner of the
Revenue are hereby approved:
NAME L icense Date Base Penalty lnt. Total
Year Paid
HBH Company
P. 0. Box 1268
Arlington, VA 22210 1983/84 Audit 5,815.86 5,815.86
Rice's Fashion Corner
Attn: Bernardo Bezos
c/o Philips-Van Heusen Corp.
281 Centennial Ave.
Piscatawa, NJ 08854 1984 Audit 1,834.48 1,834.48
Certified as to Payment:
han
Approved as to form:
This ordinance shall be effective from date of
adoption.
The above abatement(s) totaling _@@6 50 . 34-__ were approved by the Counci I
of the City of Virginia Beach on the -L- day of @A 89
Ruth Hodges Smith
City Clerk
April 1, 1985
- 20 -
Item 11-J. 1
UNFINISHED BUSINESS
ADD-ON ITEM # 23424
Councilwoman Henley asked the Plaiiiiing Director's advice as to the status
of several items City Council has recently referred to the Planning Com-
mission:
Assessment of 5,000 Square Foot Lots
PD-H2 Ordinance Assessment
Open Space Definition and Assessment
Zero Lot Line Determination
Conditional Zoning Impact and Definition
Councilman Baum asked the Staff to review the use of gas pumps at Convenience
Stores and the 24-hour operation of such Establishments as these concerns
apply to Conditional Use Permits.
Councilwomaii Henley asked that the Planning Director advise the Plalifling
Commission City Council has these various coiicerns and would like their
prompt assessment and specific recommendation.
The Vice Mayor, presiding, appointed Council Members Henley and Creech to
serve as a liaison Committee to work with the Plannirig Director to establish
a priority list of City Council's concerns.
April 1, 1985
- 21 -
Item 11-J.2
UNFINISHED BUSINESS ITEM # 23425
ADD-ON
Councilman Robert Jones requested Council's consideration of a Resolution
to establish a Commission on Local Goverament to study the composition
and organization of Virgiiiia Beach's form of government which he had pre-
viously prepared on February 11, 1985, and had requested be on the Agenda
February Twenty-fifth, March Eleventh and April First. Councilman Joiies
proposed a two-step procedure: City Council coiisider the Resolution on
April 8, 1984, and thereafter determine constitution of the proposed Com-
mission.
April 1, 1985
- 22 -
Item ii-J.3
UNFINISHED BUSINESS ITEM # 23426
ADD-ON
Councilman Jennings referenced the application of PAUL N. SUTTON for a
Conditional Use Permit for an Auto Repair Facility in the Lynnhaven
Borough scheduled for the City Council Meeting of April 8, 1985.
Residents of the neighborhood have requested DEFERRAL until the
April 22, 1985, City Council Meeting. As this is an evening meeting, it
would eriable the opposition to attend without taking leave time from work.
The Applicaiit will be notified of the residents's request for DEFERRAL,
a@ld same will be requested at the City Council Meeting of April 8, 1985.
April 1, 1985
- 23 -
Item 11-K. 1
NEW BUSINESS
INSURANCE CONSULTANT'S REPORT ITEM # 23427
Giles Dodd Assistant to the City Manager for Administration, introduced
Emory P. Weisiger, Jr., Senior Consultant for JOHNSON & HIGGINS OF VIRGINIA,
INC.
Emory P. Weisiger presented the review and analysis of the Health Benefit
Plan that currently exists for City Employees aiid for Employees of the
School Board. JOHNSON & HIGGINS were asked to determine the effectiveness
and appropriateness of the Cost Containment Features in the Existing Plans.
Following the review and analysis, 100 Employees were interviewed of both the
City and the School Board as well as certain Key Officials in both Groups. The
City and School Board have been provided written reports of these interviews.
For the City, the Cost Containment Features are Pre-Admission Testing paid at
100%, Non-Emergency Friday and Saturday Adminissions to the Hospital Excluded,
Ambulatory Surgical Procedures and Preventative Dental Care Paid at 100%.
The PLAN then pays 100/- of all expenses to prevent the employee from real
finaiicial hardship. The City Plan is reinsured at a $20,000 limit per family.
Second Opinion Surgery saves the City approximately $36,500. There were eight
(8) surgeries that were not performed within three months after a negative
opinion was given. This saved the City $34,000. Sixteen (16) surgeries
were reduced because employees failed to procure a second opinion, and this
saved $6,500. The Cost of the program for 63 Second Opiniotis, together with
Tests, was $4,060.
JOHNSON & HIGGINS advocate that Hospital Pre-Authorization be added to the
Medical Program as same is already cohtained within the Dental Program.
In reviewing the School Board Plan, there are three choices provided to
Employees:
Th. "A" PLAN is f.11 service, it pays for everything
in room and board aDd all miscellaneous and it pays
surgery in full, as well as having a major medical
plan.
The "B" PLAN is . Comprehenisve Program, with a $100
Deductible and a $600 Stop-Loss Limit.
The "C" PLAN has only a 4% enrollement witb a $250
Deductible and contains a higher out-of-pocket cost.
It is recommedded that PLAN "C" be ELIMINATED.
In PLAN "A" - no more pebple are going into PLAN "A" - there is a 15% enrollment.
This is a higher employee cost and the Enrollment has switched to PLAN "B".
On the surface, it looks like the Friday and Saturday Admissions under BLUE CROSS
ADMINISTRATION is actually lower than under the PRUDENTIAL ADMINISTATION. However,
JOHNSON & HIGGINS are aware that reports coming from BLUE CROSS eliminate all short
stays.
CoDcerning the survey, 2,130 responses from the City were received and 2,911
responses from the School Board.
The majority of employees agree that: "if it wo.ld save me money, I would
help my employer more iii keeping health care costs down."
The majority of City Employees believe Claims Administration aud Plan Design
is POOR, while the majority of the School Personnel believe Claims Administration
and Plan Design is good with a higher degree of dissatisfacitoii in PLAN "C".
- 24 -
Item 11-K.1
NEW BUSINESS ITEM # 23427 (Continued)
INSURANCE CONSULTANT'S REPORT
Seventy-nine (79%) Percent of the employees agree they have MEDICAL COST
PROBLEMS, while 72% of the Employees feel the Employer has a MEDICAL COST
PROBLEM.
86% of all employees believe options in Health Care Coverage is good.
69 1/2% of City Employees want changes.
67.4% would pay for better Health care.
62.4% would pay for better Dental care
51.5% would pay for better Preventative Care
Over 50% of School Employees would pay
for Better Health and Dental Care.
School Employees have choices, and City Employees want same.
JOHNSON & HIGGINS suggested the following:
Offer a Health Maintenance Orgailization
Modify existing plan
Offer a more moderate benefit plan
The particular HEALTH MAINTENANCE ORGANIZATION (HRO) presented was the UNITED
MEDICAL PLAN. lt is Federaily qualified as well as an individual practice
association
The Rates are as follows:
Curreiit 7/85 Expected
Single $ 72.50 $ 74.00
Employee & I Child 108.30 110.00
Family 202.00 206.00
To Modify the Existing Plan:
Eliminate dual deductible for Medical/Dental producing
a deductible for medical only
Add pre-authorization
Increase Dental Maximum
The more Moderate Benefit Plan to be offered would entail a lower cost Medical
Plan, a straightforward Compreheasive Plan with a $500 up front deductible, a 20%
coinsurance, meaning the betiefit would be 80% and a $5,000 STOP-LOSS enabling
any employee after experiencing $5,000 in medical costs out-of-pocket, the PLAN
would step in and pay 100%. Psychiatric coverage would be limited to 50% coverage
and a 30-day maximum inpatient confinement durifig the year.
COSTS-
Single $ 72.70
Employee + 1 child 88.95
Family 158.45
April 1, 1985
- 25 -
Item 11-K. I
NEW BUSINESS ITEM # 23427 (Continued)
INSURANCE CONSULTANT'S REPORT
In starting the MARKETING PROCESS and setting up specifications, JOHNSON &
HIGGINS had to project both claims and premiums to July 1985. Premiums
projected to be paid to July 1985 will amount to $4,296,400, while PAID
CLAIMS will amount to $4,187,700. The Iiisurance company will more than likely
request an increase in the reserves of about $338,200. Expenses will probably
run approximately $800,000 for a total estimated cost of $5,325,000. There
is a RETROACTIVE RATE CALL of 21% of Premium which is estimated to be about
$890,000. On the basis of CLAIMS and EXPENSES it is believed PRUDENTIAL
will call the full amount. This amounts to $232,900 short of what is available
in the Trust Fund,
This report is hereby made a part of the record.
April 1, 1985
- 26 -
Item II-K.2
NEW BUSINESS ITEM # 23428
ADD-ON
RESOLUTION/OLD DOMINION
LADY MONARCHS
Councilwoman Oberndorf requested City Council present a RESOLUTION IN
RECOGNITION to the OLD DOMTNION LADY MONARCHS as Champions of the
NCAA (NATIONAL COLLEGIATE ATHLETIC ASSOCIATION).
April 1, 1985
2 7
Item 11-K.3
NEW BUSINESS ITEM # 23429
ADD-ON
NATIONAL LEAGUE OF CITIES
CONFERENCE
Councilwoman Oberndorf referenced the NATIONAL LEAGUE OF CITIES CONFERENCE
she attended last week which commenced March 23, 1985 with a Meeting of the
Steering Cormittee on Energy, Environment and Natural Resources.
Localities need to raise their own real estate taxes as well as user fees.
The NATIONAL LEAGUE OF CITIES proposed a deficit reduction package which
included the following items:
(1) An immediate across-the-board freeze in all
non-needs-tested federal program spending,
with the exception of the COLA (cost of
living adjustment) to social security recipients,
and an immediate freeze on the total of tax ex-
penditures;
(2) An increase in revenues to pay for increases in
program spending to assure a pay-as-you-go approach
to the budget; and
(3) Any consideration of further cuts -- below
a freeze level -- in any policy area not be
limited to direct spending but also include
tax expenditures and credit activities.
Councilwoman Oberndorf inquired as to whether the Federal Government would be
more lenient concernifig mandating programs which they did not plan to fund as
they are phasing out our major waste water treatment fund, and our super
fund for cleaning up hazardous wastes. They replied they will continue to mandate,
but responsibility for eiiforcement would either be with the State or Locality.
LUST (Leaking Underground Storage Tanks) was referenced. Begianing May 7, 1985,
the localities shall be responsible for checking gasoline stations storing
petroleum, as well as other waste storage areas to be assured the tanks are
iiot pollutiilg either the grouud water or the ground surrounding same. The HAMMER
Clause stipulates if pollution occurs, a $10,000 fine will be incurred. If
the City agrees to take any hazardous wastes into our Landills, there are
mandates that will have to be sigiied.
The most significant fact reiterated was many localities use REVENUE SHARING
to actually fund their Operating Budget, Cost for Indigent Care, or to pay
their police and firemen. Fortunately Virginia Beach has been most responsible
and does not utilize these fuiids as mentioned.
The following papers, the results of four days of intensive meetings at the
NATIONAL LEAGUE OF CITIES CONFERENCE in Washington,D.C., from March
23, 1985 to March 26, 1985 are hereby made a part of the record:
(1) PRIORITIES FOR AMERICA'S CITIES
ADOPTED BY THE BOARD OF DIRECTORS OF
THE NATIONAL LEAGUE OF CITIES
(2) STATEMENT OF LOW INCOME HOUSING
(3) BUDGET PRIORITIES FOR CITIES
(4) MASS TRANSIT WORKSHOP
(5) GENERAL REVENUE SHARING
April 1, 1985
- 28 -
Item 11-K.4
NEW BUSINESS ITEM # 23430
INTERIM FINANCIAL STATEMENTS
The INTERIM FINANCIAL STATEMENTS for the Period July 1, 1984 through
February 28, 1985, were distributed to City Council.
A copy of said statement is hereby made a part of the record.
April 1, 1985
- 29 -
Item II-K.5
NEW BUSINESS ITEM # 23431
PRESENTATION OF 1985-86 OPERATING BUDGET
The City Manager presented the FISCAL 1985-86 OPERATING BUDGET FOR THE CITY
OF VIRGINIA BEACH.
The City Manager presented the FRAMEWORK for the BUDGET illustrated by
two charts. One depicting the POPULATION GROWTH experienced on a year-by-
year basis. The other chart reflected the TAX BASE RESOURCES. The Assessed
Value of the City has continued to climb.
The following GOALS have been established:
(1) Stress Basic Services
(2) ContiDue To Improve Productivity
(3) Provide An Adequate Level Of Equipment Replacement
(4) lmprove Planning And Management Capacity
(5) Minimize The Use Of Fund Balances
(6) Increase Capital Project Funding
(7) Fairness And Equity For Employees
The City Manager specified the following as HIGHLIGHTS of this BUDGET:
$387.8 MILLION OPERATING BUDGET
NO TAX RATE INCREASE IS RECOMENDED
(same will remain at 80cts per $100)
REQUESTING OR SUGGESTTNG FULL FUNDING OF THE
SCHOOL BUDGET
155 FULL TIME POSITION INCREASE
RECOMMENDING ONLY $2.7 MILLION FROM THE FUND BALANCE
RECOMMENDING A 5% ACROSS-THE-BOARD ADJUSTMENT FOR
EMPLOYEES
RECOMMENDING $5.1 MILLION FOR CAPITAL PROJECTS
THE CITY HAS ABSORBED THE THIRD YEAR OF THE STATE
MANDATED REDUCTION IN BUSINESS LICENSE TAXES.
THE ELIMINATION OF THE ADMINISSION TAX ON PARTICI-
PATORY SPORTS IS BEING PROPOSED EFFECTIVE JULY FIRST
Schools continue to be the largest single item in the BUDGET. Almost one
third of the City's funds are being received from the State.
Basic service of FIRE and POLICE are predominate in the new position requests.
The Public Safety Department account for over 1/3 of the total new positions.
The City is reflecting a $3 MILLION transfer from the OPERATING FUND FOR MAINTE-
NANCE directly to the CAPITAL IMPROVEMENT PROGRAM for funding of roadway im-
provements.
A CHART illustrating the following points concerning EMPLOYMENT COMPENSATION was
introduced:
(1) Across the Board Increase
(2) Health Insurance
(3) Pay Plan Revision
In SUMKARY, the BUDGET achieves The City's service objectives by being financially
prudent. A proposed period for Council's review and questions has been reserved.
The City Manager suggested three (3) WORKSHOPS as well as a PUBLIC HEARING
be held on April 17, 1985 at the PAVILION AUDITORIUM.
BY CONSENSUS, City Council SCHEDULEN a PUBLLC HEARING for the FISCAL 1985-86
BUDGET OF THE CITY OF VIRGINIA BEACH on Wednesday, April 17, 1985 at 7:00 P.M.
April 1, 1985
- 30 -
Item 11-L. I
ADJOURNMENT ITEM # 23432
Upo,, motio. by Cou.cilman Jei@niiigs, BY CONSENSUS, City Coui@cil ADJOURNED the ineeti@ig
at 3:55 p.m.
Beverly'O. Ilooks
Ciiief Deputy CiLy Clerk
R@ cmc Vice Mayor Reba S. McClafian
City Clerk
City of Virginia Beacli
Virginia
/bli
April 1, 1985