HomeMy WebLinkAboutOCTOBER 15, 1979
CITY OF VIRGINII BEIC
MUNICIPAL CENTER
VIRGINIA BEACH, VIRGINIA 23456
MAYOR PATRICK L. STANDING, Al L.,g@ CLARENCE A. HOLLAND, M.D., B.y@id@ B.,@.gb
VICE MAYOR J. HENRY M,COY JR., D.D.S., K@.p.@ill@ B.,..gh DONALD W. MERRICK, Ly@@b.,- B.,..gh
JOHN A. BAUM, B.,..gb MEYERA E. OBERNDORF, Al L.,g@
F. REID ERVIN, A, L.,g@ J. CURTIS PAYNE, P,i.,@.@ A.@@ B.,..gb
GEORGE R. FERRELL, A, L.,g@ ROGER L. RIGGS, Vigi@i. B@.,h B--.gh
BARBARA M. HENLEY, P,@g. B.,..gh RUTH HODGES SMITH, City Cl@,k
CITY COUNCIL A(7M.A
ITIZ! I 1DTM@@ ST,,SSION.- D4(X7)AY, 15 @BE-T?@ 1979 - 12:30 p.m.
A. CALL TO ORDER - DIAYOR PA-MRICK L. STANDIN(,
B. ROLL CAU OF COUNCII@
C. @ION TC RECFSS TO INFOIZIAL/=CUTIV- SESSION
D. PRES=ATIOI%7/DISCUSSI()DI OF PERT@,, Tr PIATRFRS
1. Relocation of substance Abuse Outrea&. Center
and Alcohol -rea@t Program: Discussion of
proposed relocation to P @ roke Office Park.
2. Lakeside ronstruction (, y versus City of
Virginia Beach: Discussion of Lakeside Con-
struction C y's application for change of
zoni-ng.
3. Update of 1976 Sewer and T,7ater Peferenduli
FO@ SESSION: P@Y, 15 OCMBF.R 1979 - 2:00 p.m.
A. INVOCATION - Reverend Aaron D. Smith
Memrial United Methodist Church
B. PL@ OF AIL7@,GIANC7,
C. ROIL CALL OF COUNCIL
E). MP-TF-7ES OF RF(;L7LAR. PP,77017S ING
1. Ilotion to accept/approve the Minutes of 8 October 1979
E. PPES=ATI(DTT
1. The Depar@t of Public Libraries will present copies
of its 1980 Plail-A-@.k Catalog to Mayor Patrick L.
Standing, Councilwcmn Barbara M. Henley and Counci@
John A. Baixn
F. R7SOLU@-IONS - None
G. PUBLIC @IGS - None
H. CCNSENT AGENDA
All niatters listed under the Consent Agenda are considered
to be routine by the City Cc)uncil and will be enacted by
one rmtion in the form listed. There will be no s@ate
discussion of these item. If discussion is desired, that
item will be r from the Cc)nsent Ag@ and considerel
separately.
1. Ordinance to appoint Viewers in the matter of the petition
of Jack Weller for the closure of a portion of Lynnhaven
Drive (@vnnhaven Borough) .
a. City P.Azmger's letter re s approval.
2. Application for Raffle permits by Kellam High School and
Auxiliary of General Hospital of Virginia Beach.
3. Tax refunds in the mmunt of $7,302.63, as tted by
City Treasurer, John Atkinson.
I. PLANNING I=
1. @,rehensive Land Use Plan.
a. City Manager's letter r APP@, subject
to Council's action.
2. Application of Lorriane P. Godfrey and John A. Johnson
Cmipany, Inc., for a conditional use permit for retail
sales of garden supplies, equi@t, and rraterial, as
a subsidiary use to a plant nursery, on a 1.3-acre par-
cel located on the south side of Landstown Road, east of
Princess Anne Road (Princess -znne Boroucjh).
a. City l@ger's letter transmitts the r@. dation
of the Planning ssion for APP@, subject
to Council's action.
SIGN POSTED DIPROPEPLY
3. Application of Lyle G. and Eunice M. VTerrmrs for a change
of zoning from P,-5 Residential District to 0-1 Office
District on a .9-acre parcel located at the northeast
iritersection of south Lynnhavm Road and Pritchard RoaO
(Lynnha- Borough) .
a. City @ger's letter tranmitts the r dation
of the Planning Comission for D12@, @ject to
Council's action.
4. Application of Sandbridge Road Enterprises, a Partnership,
for a conditional use perndt for a golf course and a
coriditional use permit for 120 duplexes on a 240-acre par-
cel located on the east side of Atwoodtown Poad, east of
the intersection with Lotus Drive (Princess Anne Borough).
a. City t%@ger's letter tr tts the r tion
of the Planning CcnTnission for APPROVAL, subject to
(7ouncil's action.
b. City D@ger's letter outlines a few areas of concern
in regard to these penilits, and provides information
on each of them.
5. Application of Herman C. and Francis L. Jehoich for a
change of zoning fran AG-1 Agricultural District to
B-2 Ccm=ity-Business Di@ict on a one-acre parcel
located on tl,.e west side of Oceana Boulevard, north of
Prosperity Road (Princess Arme Borough).
a. City Manager's letter transmitts the re ation
of the Planning Ccmuission for DENIAL, subject to
Council's action.
6. ordinance to armnd and reordain Article 2, Section 229 of
the @rehensive Zoni-ng Ordinance pertaining to hcme
occupation.
a. City manager's letter tr tts the recomnendation
of the Planning ccmission for APPROVAL, subject to
Council's action.
7. Application of Archie G. and Ella C. Silverhorne for a
conditional use pmdt for a occupation (beauty
parlor) on a 1.45-acre @cel located at the sou@est
intersection of Land of Promise Road and Blackwater
Road (Blackwater Borough).
a. City 1.@ger's letter transmitts the re dation
of the P g Ccmnission for APPROVAL, subject to
Council's action.
8. Application of W. R. @ialbon, Jr., and T. M. -Malbon for
a conditional use pennit for a horrow pit located south
of Old Dam Neck Road, east of Dwyer Road (Princess Anne
Borough).
a. City @'@ger's letter transmitts the re dation
of the Planning Commission for APPROVAL, subject to
Council's action.
9. Application of Elsie Tann for a variance to Section 4.4(b)
of the Subdivision ordinance w-Iiich requires lot dimnsions
to conforrn to the Corrprehensive Zoni-ng Ordinance. She
wishes to subdivide an approximately 22,730-square foot
site located on the west side of South Birdneck Road, south
of Beautiful Street, into two lots. This matter was de-
ferred for thirty (30) days on Septenber 10, 1979.
a. City Yanager's letter transmitts the re dation
of the Plaming Ccnmission for APPMM, subject to
Council's action.
10. Application of The uel Tabernacle Church for a change
of zoning frorn R-8 Residential District to B-2 ty-
Business District on a .266-acre parcel located on the
west side of Morrison Avenue, south of Gator Road (Lynn-
.Tmven Boroug.Ti). This niatter was deferred for thirty (30)
days on Sept@r 10, 1979.
a. city !4anager's letter transn-,itts the reccnrmndation
of the Planning ConTnission for DENIAL, subject to
Council's action.
11. Application of Jams and Jean Drinko for a change of
zoning frorn R-6 Residential District to R-8 Izesidential
District on @,o parcels totalling 3.89 acres located on
both sides of Riddle Avenue, south of Airstation Drive
(Lyrmhaven Boroughl. This matter was def=ed for thirty
(,30) days on Septerrber 10, 1979.
a. City D@ger's letter transmitts the r dation
of the Planning ssion for D@, subject to
Council's action.
12. Ordinance to @d and reordain Article 9, Sections 911
and 921 of the Coniprehensive Zoning Ordiriance pertaining
to use regulations for autombile repair establis@ts.
a. City Manager's letter transrdtts the rec@dation
of the Planning C@ssion for APPROVAL, subject to
J. OPDINANCES
1. - Nlone
2. ST7 7,ADINGS - None
3. APPF,'OPFIA--Io,.NS
a. First Readings - None
b. Bids
1. Low bids for the Thoroughgood Sanitary Sewerage
Facilities project:
Contract I: Gravity Collection Syst@, Areas
and VII
Floyd B. Sniith Contracting, Inc. $502,557.80
Cc>ntract II: Area VI Pumping Station
Luke Construction y, Inc. $68,800.00
Contract III: Area VII Pumping Station
Crowder Contracting Coniparry, Inc. $71,300.00
And, authorize the City @lanager to enter into the
necessary agreerrents to irtl@t these projects.
2. Low bid for the Bayville Park Project, Contract I:
Utility Suilders, Inc. $497,106.70
And, authorize the City k@ger to enter into the
necessary agreements for the @IE!rnentation of
this project.
c. Grants
1. ordiriance to accept a grant totalling $14,420
fr(xn the Virginia State Departuent of Health
for solid and hazardous waste @gement.
K. OLD BUSLIESS
1. @. William Riel
2. APPOINTMENTS: BOARDS/CCMMISSIONS
3. couNciL @4
T,. Na7 BUS]17
,ESS
1. COUNCIL PP=PS
M. ADOLTMENT
tl,inutes of the Honorable City Council
OF THI@:
CITY OF VIRGINIA BEACH, VIDGIrlIA
October 15, 1979
The regular meeting of the Council of the City of Virginia Beach, Virginia, was
called to order by Mayor Patrick L. Standing in the Conference Roo,,n, in the
Administration Building, on Monday, October 15, 1979, at 12:30 p.m.
Council Members Presen":
John A. Baum, F. Reid Ervin, George R. Ferrell, Barbara M.
Ilenley, Clarence A. Holland, Donald 11. Merrick, J. Curtis
Payne, and tlayor Patrick L. Standinc,
Council Members Absent:
Vice Mayor J. Henry t4cCo,/, Jr.,* tleyera E. Oberndorf**
and Roger L. Riggs***
ITEt-1 #142)4
tlayor Standing entertained a motion to permit Council to conduct an 111FORt!AL
SESSIO@l to be followed by an EXECUTIVE SESSION for the purpose of discussing
the following:
1. Discussion or consideration of employment, assignment,
appointment, promotion, demotion, salaries, discipline or
resignation of public officers, appointees or emplo,,ees
of any public body. (Personnel Matters).
2. Discussion or consideration of the condition, acquisition
or use of real property for public purpose, or other disposition
of publicly held property. (Acquisition, use or of
puhlicly held property).
3. Consultation with legal counsel and briefirg by staff members
consultants, or attorneys pertaining to actliil or ,)otential li'uigation,
or other legal matters within the jurisdiction of the public body.
(Legal Matters).
On motion by Councilman Payne, seconded by Councilman Holland, City Council
voted to proceed into the EXECUTIVE SESSION for the purpose of discussing
the above mentioned matters A,%D discussion of APPOINTtlE@ITS, following the
I@IFORMAL SESSION.
Voting: @0-0
Council rlembers Voting Aye:
John A. Baum, F. Reid Ervin, George R. Ferrell, Barbara M.
Henle,/, Clarence A. @folland, Donald '11. tlerrick, J. Curtis
Payne, and Mayor Patrick L. Standing
Council Members Voting Nay:
None
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Council Members Absent:
Vice Mayor J. Henry McCoy, Jr., Meyera E. Oberndorf, and
Fbger L. Riggs
RELOCATION OF SUBSTANCE ABUSE ITEM #14295
OUTREACH CENTER AND ALCOHOL
TREATMENT PROGRAM
The City Manager indicated there is considerablp opposition from the residents
in the Birchwood Gardens area and the Birchwood Civic League regarding the
location of the Outreach Center for Substance Abuse. As this matter has become
a controversial issue, the Executive Director of the Mental Health and Mental
Retardation Services Board met with the Executive Board of the Birchwood Gardens
Civic League to explain the concerns of the residents.
The residents in the area approve the concept, methods, mission, and goals of
the Substance Abuse Program; however, they do not approve of the Program
locating in their area (Birchwood Office Park).
The City Manager further indicated the Staff and members of the tiental Health
and Mental Retardation Services Board have located space in the Pembroke Office
Park. The cost would be approximately fifty-cents (50cts) more per square foot,
and the total cost would be approximately $7,000 more than anticipated.
This matter will be placed on the FORMAL Council Agenda of October 22, 1979.
**COUNCILr!AN RIGGS ENTERED MEETING AT 12:35 p.m.
LAKESIDE CONSTRUCTION COMPANY ITEM #14296
VERSES CITY OF VIRGINIA BEACH
***COU,NCIL@40MAN OBERNDORF ENTERED MEETING AT 12:40 p.m.
The City Manager indicated Council had requested an opportunity of inviting
the developers of Lakeside Construction Corporation to appear before Council
in the INFORTIAL SESSIOrl to make a presentation concerning their application
for a change of zoning, in an attempt to initiate a compromise.
Mr. Grover C. Wright, Jr., Attorney, representing the Lakeside Construction
Corporation, appeared before Council at the L@@FORMAL SESSION to speak for
the applicant.
Mr. Wright indicated they had proposed to reduce the density by approximately
200 units by retaining the R-4 Classification adjacent to Lago Mar subdivision,
which would be compatible with their R-4 zoning, and by reducing part of the
R-6 zoning to R-5, which will be compatible with the adjacent Red Plill zoning
of R-5, and by retaining the property adjacent to the existing R-3 zoning in
its present R-3 zoning, it will also be compatible.
They further proposed to reduce their density by approximately 260 more units
by devoting some 87 acres adjacent to the existing borrow pit on the property
of others to borrow pit purposes, which will provide needed fill sand for
needed public projects, including beach replenishment.
The Corporation has further agreed to the reservation of approximately 16 acres
as an easement for canal purposes to be dedicated as the canal is dug and reduce
density also by devoting approximately 15 acres of their property to a retention
pond which will accept the drainage from downstream properties as well as Lake-
side's, thus, benefiting adjacent development.
In a final effort, the Corporation co(@ld participate with the City in the cost
of construction of Ferrell Parkway (False Cape Parkway) (within seven (7) years)
through their property to the extent of matching the funds expended by the City
from its own funds in the event State funds are received to help fund the pro-
ject, the Corporation could then participate on a $59.00 per linier foot basis.
10/15/79
-3-
They further proposed that their participation at $59.00 per linier foot, or up
Ito 111/2 percent, as the case may be, not be required unless within five-(5) years
the City acquires the right-of-way to connect them to General Booth Boulevard
and begin construction of at least a section of the Parkway from General Booth
Boulevard through their property to Red rlill Boulevard.
It was noted the City Manager had not received a copy of the above referenced
letter, therefore, this matter was deferred to permit the City Manager to
study this matter further.
UPDATE OF 1976 SEWER AND WATER ITEM #14297
REFERENDUM
The City Manager indicated that as Council requested he had placed in the
Agenda Package an updated list of water and sewer projects in the 1976
Sewer and tlater Referendum.
Councilman Ervin asked had any funds from the Bond Issue been utilized for
projects NOT listed on the Bond Issue?
The City Manager indicated they were not listed on the Brochure as the Brochure
lists the $39.9 Million; @19.1 Million was in the Capital Improvements Program
that were issued prior to the Referendum.
On the $9.1 Million the City had to have an aggressive program of water, which
was addressed in the $9.1 Million Bond Issue. Several water tanks were on the
Bond Issue, along with other matters. The $9.1 tlillion Issue has not been sold,
authorization has been granted; however, the City is using this as a form of
investment.
The City Manager indicated City Council had authorized the sale of the $9.1
Million Revenue Bonds for water projects. Revenue Bonds are backed only by
the Revenues, which is a greater risk and a higher interest rate.
After Council's authorization it was decided to implement the projects; however,
it was agreed upon not to sell the $9.1 Million Bonds, but to sell BAN (Bond
Anticipation Notes) based on the $9.1 Million.
Council had an option to have the City's Bond Anticipation Ilotes paid off with
the $9.1 Million Revenue Bonds, or if the Referendum passed the Notes could be
be pai(I off with Double-Barrell @onds. The Pond Anticipation .1@otes were sold. The
City received $9.1 Million.
The Referendum passed by a three (3) to one (1) rnargin. The City used the $39.9
Million Double-Barrell Bonds, with better interest rates than Revenue Bonds, to
pay off the Bond Anticipation Notes.
Councilman Ervin requested the City Manager to tabulate the projects from the
$39.9 Million Double-Barrell Bonds, the amount of monies set aside for each
project, and whether those particular projectshave been constructed with those
funds.
Councilman Riggs indicated he would like to have a copy of the original contract
to see if it is being followed as Council had promised the citizens of Virginia
Beach. (DISCUSSIOPI).
*VICE MAYOR MCCOY ENTERED MEETING AT ]:07 p.m.
10/15/79
-4-
FORrIAL SESSION
ITEM #14298
Monday, October 15, 1979
2:05 p.m.
Council Members Present:
John A. Baum, F. Reid Ervin, George R. Ferrell, Barbara
M. Henley, Clarence A. Holland, Vice Mayor J. Henry
McCoy, Jr., Donald W. Merrick, Meyera E. Oberndorf, J.
Curtis Payne, Roger L. Riggs, and Mayor Patrick L.
Standing
Council Members Absent:
None
INVOCATION was given by the Reverend Aaron D. Smith, Memorial United Methodist
Church.
PLEDGE OF ALLEGIANCE
(ITEM II-D.1) ITEM #14299 MINUTES
On motion by Vice tlayor McCoy, seconded by Councilman liolland, City Council
voted to APPROVE the Minutes of the Regular r4eeting of October 8, 1979.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, George R. Ferrell, Barbara
ti. Henley, Clarence A. Holland, Vice tlayor J. Henry
McCoy, Jr., Donald 1,1. Merrick, Meyera E. Oberndorf, J.
Curtis Payne, Roger L. Riggs, and Mayor Patrick L.
Standing
Council Members Voting Nay:
None
Council Members Absent:
None
10/15/79
(ITEM II-E.1) ITEM #14300 PRESENTATION
Mr. John Stewart, Extension Services Librarian, appeared before Council to
present copies of the Librar@'s 1980 Mail-A-Book Catalog to flayor Patrick
L. Standing, Councilwoman Barbara M. Henley, and Councilman John A. Baum.
Mr. Stewart indicated he will be presenting copies of the Mail-A-Book
Catalog to all Council Members;. howevqr, he presented one to Mayor
Standing on behalf of all "home-bound" residents in Virginia Beach, and
to Councilwoman Henley and Councilman Baum on behalf of the respective
constituents in each of their Boroughs.
(ITEM II-H.1) ITEM #14301 CONSENT AGENDA
ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED TO BE ROUTINE BY THE
CITY COUNCIL AND WILL BE ENACTED BY ONE MOTIOR@ IN THE FORM LISTED.
On motion by Councilman Payne, seconded by Councilman Holland, City Council voted
to APPROVE the following Ordinance appointing Viewers in the matter of the petition
of Jack Weller for the closure of a portion of Lynnhaven Drive, in the Lynnhaven
Borough.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, George R. Ferrell, Barbara
M. Henley, Clarence A. Holland, Vice Mayor J. Henry
McCoy, Jr., Donald W. Merrick, Mevera E. Oberndorf, J.
Curtis Payne, Roger L. Riggs, and Mayor Patrick L.
Standing
Council Members Voting Nay:
None
Council Members Absent:
None
10/15/79
-6-
ORDINANCE APPOINTING VIEWERS
WHEREAS, Jack Weller, has given due and proper notice, in
accordance with the statutes for such cases made and provided thatl
i@ will on the day of 1979, applyto the City Counc.1
of the City of Virginia Beach, Virginia, for the appointment of
lViewers to view the below-described @roperty and report in writing
to the Council whether, in the opinion of said Viewers, any, and
if any, wbat inconvenience would result from the discontinuance of
the hereinafter described portion of that certain street of vari-
,able width, and has filed such appiication with said Council.
NOW, THEREFORE, be it ORDAINED by the Council of the City of
Virginia Beach, Virginia:
THAT- C. Oral Lambert
David M. Grochman and
Robert J. Scott are here,by
appointed to view the below described property and report in writ-
ing to the Council on or before 1979, whether
in their opinion, any, and if any, what inconvenience would result
in the discontinuing and vacating of a portion of that certain
istreet of variable width located in the City of Virginia Beach,
Virginia, and more particularly described as follows:
ALL THAT certain portion of Lynnhaven Drive
being more particularly bounded and described
as follows:
BEGINNING AT A pipe at the northeast corner
of Vista Circle & LynnhavenDrive which pipe
is the southwest corner of Lot 5., B16ck 9,
Lynnhaven Sliores, recorded in Clerk's Office
of Virginia Beach, Virginia, in Map Book 7,
page 167; thence along the North side of
Lynnhaven Drive north 84* 12' 00" eastl5l .60
feet to the sout@ieast corner of Lot 2 Lynn-
haven Shores; thence south 8@ 55' 26" west
and then 25.85 feet along the prolongation
of the dividing line between Lots 1 and 2,
Block 9, Lynnhaven Shores; thence,south 84*
12' 00" west, 116.65 feet along a line para-
llel to tlie tiortit sid. of Lyiinliziven Drive to
a point; thence along @l cur,,e to tlie rig-lit
the radius of whicli is 25' an arc distance
of 26.94 feet t6 a point in the east side of
Vista Cirtle albng a curve to the right tht
radius of which is 279.2@ feet an arc distance
of 13-43 feet to a pipe the point of beginning.
-7-
REFERENCE IS HEREBY made to that certain survey
entitled "PLAT SIIOWING A PORTION OF LYNNHAVEN DRIVE
SIIOWING AN AREA OF PROPOSED CLOSURE LOCATED SOUTH
OF PROPERTY OF JACK WELLER 1,YNNHAVEN BOROUGH,
VIRGINIA BEACH, VIRGI14IA SCALE 1" = 20' July 30,
1979, HAROLD C. WARREN, JR., LAND SURVEYOR, CHESA-
PEAKE, VIRGINIA."
IN TIIE TIATTER OF CLO,@IN(,, V,\CATING Al@D
DISCONTINUING A I'O]KTION OF 'rlla'r CER,RATN
STREET OF VARIABLE 14IDTfi, K@,1014N AS 1,YN,,4-
IIAVEN DRIVE, LOCATFD IN Til@ l@YNNIiAVI--N
BOROUGII OF VIRGINIA 2EACIi, VIRGINIA, AS
SHOWN ON THAT CERTAIN PLAI' F:NTITLED "PLAT
SHOWING A PORTION OF LYNI\IHAVLN DRIVE S]IOW-
ING AN AREA OF PROPOSED CLO,,;ITRE LOCATED
SOUTH OF PROPERTY OF JACK WELLER LYNNHAVEN
IBOROUGII VIRGINIA BEACH, VIRGINIA SCALE 1"
i= 20' July 30, 1979 IIAROLD C. WARRE@L, JR.,
ILAND SURVEYOR, CIIESAPEAKE, VIRGINIA."
P E T I T I 0 N
iTO: THE MAYOR AND THE MEMBERS OF THE COUNCIL
OF THE CITY OF VIRGINIA BEACII, VIRGINI@
Your petitioner, Jack Wcller, respectfully represents as
folloxqs.
1. That pursuant to tlie provisions of Section 15,1-364
.@of the Code of Virginia, as amended, tlie petitioner applies for
itlie vacating, closing, and discontinuance of a portion of th@it
icertain street, wliich is more specifically described as follows:
ALL THAT certain portioii of Lynnhaven Drive
being more particularly bounded and described
as follows:
BEGINNING AT A pipe at tlie northeast corner
of Vista Circle & Lynnhav&nDrive which pipe-
is the southwest corlier o' Lot 5, Block 9,
Lynnhaven Shores, recorded in Clerk's Office
of Virginia Beach, Virginia, in Map Book 7,
page 167; tlienc('- along tlie Nortli side of
Lynnhaven Drive nortli84@ 12' 00" eastl5l.60
feet to the souttieast corner of Lot 2 Lynn-
haven Shores; thence south 8@ 55' 26" west
and then 25.85 feet along tile prolon@ation
of the dividing line between Lots I and 2,
Block 9, Lynnhaven Shores; thence soutli 84*
12' 00" west, 116.65 feet along a line para-
llel to the north sidl of Lynnhaven Drive to
a point; thence along a curve to the right
the radius of which is 25' an arc distance of
26.94 feet to a point in the east side of
Vista Circle, thence along the east side of
Vista Circle along a curve to the right the
radius of which is 279.27 feet, an arc distance
of 13.43 feet to a pipe, the point of begin-
ning.
REFERENCE is hereby nia(le to that certain survey
entitled, "PLAT SHOIIING A PORTION OF LYNNIIAVEN
DRIVE SIIOWING AN ARFA OF PROPOSED 'CLOSURE LOC
ATED SOUTII OF PROPFPI'Y OF JACT" ',,'El,],T-,R LY@,NHAVT@N
EOPOuc;ll, Viilc;i.iN!@% SCALE 1" = 20'
July 30, 1979, liAIOLD C. k,'ARI@ltN, JR., LANI) SURVLYOR,
CliESAPEAKE, VIRGINIA."
-9-
2. That no inconvenience will result to any persons by
lby reason of said closing, vacatioa, and discontinuance of said
street; and the petitioner prays that this Honorable Council ap-
point viewers as provi ded by law to view said street proposed to
I
lb6 closed and to report in writing to the Council on or before the
day of 1979, as to whether in the opinion of
@lsaid Viewers, what inconvenience, if any, would result from the
discontinuance and closing of this portion of'said street, as here@
!in reported and described.
3 . That on tbe day of 1979, Notice of the
lpresenting of this Application was posted at the Courthouse of the
ICircuit Court of the City of Virginia Beach, Virginia, on the pre-
i n
imises to be closed, and at the City Hall Annex, 19th Street a d
@Artic Avenue, Virginia Beach, Virginia, as evidenced by the Affida@I
ivit attached hereto, and a copy of said Notice.
4. That the Petitioner is fee simple owner of all land
along and adjacent to and affected by said portion of the platted
street to be closed and, consequently, your petitioner is the only
Ilandowner affected by the same.
Respectfully submitted,
JACK WELLER
y
B
0 f/ Couns6l'
Bruce B. Mills, Attorney at Law
14145 Virginia Beach Blvd.
iVirginia Beach, Virgiiiia 23452
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(ITEM II-H.2) ITEM #14302
On motion by Councilman Payne, seconded by Councilman Holland, City Council voted
to APPROVE the following Raffle Permits:
Kellam High School
Auxiliary of General Hospital of Virginia Beach
Voting: 11-0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, George R. Ferrell, Barbara
M. Henley, Clarence A. Holland, Vice Mayor J. Henry
McCoy, Jr., Donald W. Merrick, Meyera E. Oberndorf, J.
Curtis Payne, Roger L. Riggs, Mayor Patrick L. Standing
Council Members Voting Na@/:
None
Council Members Absent:
None
(ITEM II-H.3) ITEM #14303
On motion bv Councilnan Payne, seconded by Councilman Holland, City Council voted
to APPROVE the following tax refunds in the amount of $7,302.63:
Voting: 11-0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, George R. Ferrell, Barbara
M. Henl@v, Clarence A. Holland, Vice ',',ayor J. Henry
McCoy, Jr., Donald W. Merrick, Meyera E. Oberndorf, J.
Curtis Payne, Roger L. Riggs, and Mayor Patrick L.
Standing
Council Members Voting Nay:
None
Council Me@bers Absent:
None
10/15/79
'IRCIT@IA B!:-A(,Ii,
CITY O@r'
111)(IF upol-I c(IrLifi(--@IC.@LoTi of
t
tlie 'ri:e,,-isilrer n):c licl--cly @pp-rc)vccl
$7,30'-?.63
To -aliny-,
T,I-Y I'E@PE DATE
IN' A'4 E Y E.-@. l-' OF T,',','i TO@' l,ic I)AID )r--'@AL-tyl li@'f Iro7t
Bugby, Terry L. 79 Pkng. 10532 6/12/79 6.00
Woods Corner Assoc. 79 RE 75212-2 2/2) 6/5/79 111.90
yoder Dairies, Inc. 79 pp 102092 8/21/79 15.48
Reece, Jerry A. 79 pp 75461 5/31/79' 5.40
Pak Ok Soon 79 pp 69679 8/28/79 69.08
Cavalier Hotel Corp. 77 RE 1-081.1-6 6mo) 6/19/77 1384.34
Cavalier Hotel Corp. 78 RE 11472-3 1/2) 11/28/77 2181.42
CaNialier Hotel Corp 78 RE 11472-3 2/2) 5/31/78 '1181.42
Schriefer, Walter 79 pp 81.042 8/8/79 70.06
;'-eeniqood Nursery 79 CD 5382 9/14/79 7.50
- nes, J. 79 pp 47273 8/9/79 40.31;
Batchelor, T. A. Sr. 73 RE 3116-7 1/2) 6/4/73 23.19
S & H Corporation 75 RE 49970-3 1/2) 6/10/75 67.20
Bayvill6 Farms 79 RE 79780001,2 (@/2) 10/25/78 114.80
Craddock,'R.W. & D.-C 75 RE 13263-5 KI/2) 6/10/75 9.Clll)
Craddock, R.W. & D.C 75 RE 13263-5 @2/2) 10/28/75 9.00
Widgeon,@Curtis 75 RE 62705-8 1/2) 6/3/75 8.@3
First Mortgage Corp. 79 RE 1808-'O' ','@)/2) 6/5/79 27.70
Jolliff$ P. C. eta'l 74 RE 28928-1 '11/2) 6/10/74 25.20
Jolliff, P. C. etal 74 RE 28928-1 (2/2) 10/30/74 25.20
Tlie ;I',)ove s Lo
-x@ere approved by
tlie Council. of I:he City of Vicpi-i-Lia
'Reach on the day of
1,1)1)i:o\,f,-d as to foi,-in:
Sirtit--Iz, CiLy C].(.rk
on,
-12-
(ITEM II-I.1) ITEM #14304 PLANNING AGENDA
Mr. Isaac Herbert, Burton Station Civic League, appeared in favor of the adoption
of the proposed Comprehensive Land Use Plan.
It was noted that Section 15.1 of the Code of Virginia of 1950, as amended, states
the legal requirements as to a Comprehensive Plan. Among them are the following:
1. Everv local governing body must adopt a Comprehensive
Plan by January, 1980.
2. The plan is to be prepared by the Planning Commission
for presentation to and adoption by the City Council.
3. The Comprehensive Plan is to be reviewed by the City's
Planning Conmission at least once every five years to
determine whether updating is necessary.
It was further noted that the City's Comprehensive Land Use Plan was adopted before
the January, 1980 deadline.
Councilman Holland indicated he was very strongly in favor of this Plan; however, he wishe
to make several comments known at this time and support the review of the Comprehensive
Plan other than on a five (5) year basis. This Plan is a "Plan" one vihich will
restrict certain growth south of Court House and tends to give the City inore of a
..push" towards the northern section of the City. This may cause the property values
in the northern part of the City to rise somewhat if we allow nothing in the southern
section of the City.
Councilman Baum indicated he had one strong reservation in the guidelines of the
zoning actions the Council should follow. In the vicinity of0ceana Naval Air
Station and Norfolk Airport it is impossible to zonepeoples' land for a use for
which it cannot be used. To have Agricultural zoning anywhere in the vicinity
of Oceana Naval Air Station, where a person has to have water and sewer, is meaningless.
The difference in land values is approximately $7,000 per acre. As far as Industrial - -
if the City Puts an "Industrial Tag" on a large acre of land for which there is no demand
it is just illusionary. Industrial land is more valuable than residential land,
if it is usable.
Councilman Baum further indicated he is aware of Constitutional Rights and if
the City has the right to appropriate peoples' property for any public use without
giving them just compensation, and he assured Council if a matter of this kind
came before Council he would not vote with the Comprehensive Land Use Plan.
Vice Mayor McCoy indicated the Kempsville Borough has experienced the worse "growing
pains" in the City of Virginia Beach as far as roads and schools are concerned. Unless
the City talks in terms of putting a Moratorium on building, the City is going to have to
..creep" before it can run. Council should not be afraid of "creeping" because they
control it by the water and sewer lines, not by roads.
Councilman Payne indicated the growth would move toward the southern portion of
the City when public facilities are put there, but the Plan is geared with the
Capital Improvements Program.
Councilwoman Henley indicated she has followed the development of the Plan very
closely and feels the Planning Department has done a good job in incorporating
the comments made at the Public Hearing and of giving all of the leeway and
consideration to the input from the citizens in the area. The key to looking
at the rezoning applications in thp Roroughs of Kempsville, Bayside, Lynnhaven,
and the southern section of the City, Pungo and Blackwater, to see that the Council
does not over-develop in those areas is to follow the Comprehensive Land Use
Plan. The important thing is not just looking at the map and how each spot is
colored, but to look at the goals and policies and tools for implernenting this
Plan.
10/15/79
-13-
Councilwoman Oberndorf indicated the residents of Burton Station have been very
responsible and very patient, we have addressed their problem; however, we have
been unable to resolve them.
Councilwoman Oberndorf further indicated she, too, has carefully studied this
Plan from its inception, and she wished to make it clear that she has not given
up her dedication to the people who are living in Burton Station as residents
who wish to remain on their land and be given some relief to improve their homes
and receive public services.
Councilwoman Oberndorf asked the City Attorney if a vote for this Comprehensive
Plan precluded the Council's ability to deal with the problems of Burton Station
in a responsible manner so as not to mislead the residents in areas such as
Burton Station.
The City Attorney indicated Council always has the option of changing the Plan.
Councilman Ferrell indicated he agreed with the idea of having the Plan reviewed
every two 2) years instead of the five (5) stated as some changes may be needed
more frequently.
Councilman Ervin indicated the Plan has much room for growth, and the Plan strongly
supports the prohibition of development in the southern section of the City, Mr.
Ervin strongly urges the Council to take a "harder line" an future zonings that
are not complying with the Comprehensve Land Use Plan.
Ma.yor Standing indicated he wished to offer congratulations to this Council as
they have acted very responsibly in 'Ghe adoption of this Plan.
On motion by Councilmarl Payne, seconded by Councilwoman Henley, City Council voted
to ADOPT the Comprehensive Land Use Plan for the City of Virginia Beach, Virginia.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, George R. Ferrell, Barbara tl.
Henley, Clarence A. 9011and, Vice Mayor J. Henry McCoy,
Jr., Donald W. Merrick, Meyera E. Oberndorf, J. Curtis
Payne, Roger L. Riggs, and Ma@/or Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
None
10/15/79
-14-
(ITEM II-1.2) ITEM #16303
Mr@ Thomas Shadrick, Attorney, represented the applicants. Mr. Shadrick requested
a DEFERRAL until November 5, 1979
On motion by Councilman P,ayne, seconded by Councilman Holland, City Council voted
to DEFEK until November 5, 1979 the following Ordinance upon application of Lorraine
P. Godfrey and John A. Johnson Company, Inc., for a Conditional Use Permit for
retail sales of garden supplies, equipment, and material, as a subsidiary use to a
plant nursery. (SIGN NOT PROPERLY POSTED)
Ordinance upon application of Lorraine P. Godfrey and,John A. Johnson Company,
Inc., for a Conditional Use Permit for retail sales of garden supplies, equipment,
and material, as a subsidiary use to a plant nursery on certain property located
on the South side of Landstown Road beginning at a point 735 feet East of Princess
Anne Road, running a distance of 201.82 feet along the South side of Landstown Road,
running a distance of 533.3 feet along the Eastern property line and running a
distance of 497 feet along the Western property line. Said parcel contains 1.3
acres. Princess Anne Borough
Voting: 11-0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, George R. Ferrell, Barbara M.
Henley, Clarence A. Holland, Vice Mayor J. Henry McCoy,
Jr., Donald W. Merrick, Meyera E. Oberndorf, J. Curtis
Payne, Roger L. Riggs, and Mayor Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
None
10/15/79
-15-
VICE MAYOR MCCOY LEFT COUNCIL CFIAMBERS
(ITEM II-I.3) ITEM #14306
Mr. Walter Monahan represented the applicant.
Mr. Lee Williams, representing Doyleway Civic League, appeared in opposition.
On motion by Councilman Merrick, seconded by Councilman Riggs, City Council voted
to uphold the recommendations of the Planning Commission and DENIED the following
Ordinance upon application of Lyle G. and Eunice M. Wermers for a Change of Zoning
District Classification from R-5 Residential District to 0-1 Office District:
Ordinance upon application of Lyle G. and Eunice M. @lermers for a Change of Zoning
District Classification from R-5 Residential District to 0-1 Office District on
certain property located at the Northeast intersection of South Lynnhaven Road
and Pritchard Road, running a distance of 146.18 feet along the North side of South
Lynnhaven Road, running a distance of 292 feet along the Eastern propert,f line,
running a distance of 144 feet along the Northern property line and running a
distance of 0158 feet along the East side of Pritchard Road. Said parcel contains
.9 acre. Lynnhaven Borough.
Application was denied as the proposed zoning would initiate and encourage a
non-residential strip development pattern along South Lynnhaven Road.
Voting: 9-1
Council Members Voting Aye: (for denial)
F. Reid Ervin, George R. Ferrell, Barbara M. Henley, Clarence
A. Holland, Donald W. Merrick, Meyera E. Oberndorf, J. Curtis
Payne, Roger L. Riggs, and Mayor Patrick L. Standing
Council Members Voting Nay:
John A. Baum
Council Members Absent:
Vice Mayor J. Henry McCoy, Jr.
10/15/79
(ITEM ii-I.4) ITE@', #14307
Mr. Thomas C. Broyles, Attorney, represented the applicant
Letter received from Mrs. Sheila M. Price, President, Sandbridge Beach
Civic League, requesting DENIAL of the application.
VICE 11AYOR MCCOY RETURNED TO CHATIBERS
on motion by Councilman Payne, seconded by Councilman Holland, City Council voted
to DEFER the following Ordinahce upon a-,plication of Sandbridge @oad Enterprises
for a Condi@lional Use Permit for a golf course back to the Planning Commission to
study the entire concept of cluster developments in the Agricultural District for
their December 1979 meeting; and forwarded to the City Council for a meeting in
January, 1980:
Ordinance upon application of Sandbridge Road Enter@rises, a Partnership, for a
Conditional Use Permit for a golf course on certain ,)ro,,)erty located on the East
side of Atwoodtown Road beginning at a point 750 feet East of the intersection of
Lotus Drive, running a distance of 629.05 feet along the East side of Atwoodtown
Road, running a distance of 150 feet in an Easterly direction, running a distance
of 1220 feel in a Northerly direction, running a distance of 390 feet in a South-
easterly direction, running a distance of 30 feet in a Southerly direction, running
a distance of 510 feet in an Easterly direction, running a distance of 700 fee@, in
a Southerly direction, running a distance of 110 feet in a 'lesterly direction,
running a distance of 450 feet in a Southerly direction, running a distance of 980
feet in an Easter],, direction, running a distance of 170 feet in a Southerly
direction, running a distance of 100 feet in a tiesterl., direction, running a distance
of 100 feet in a Southerly direction, runrlinr, a distance of 100 feet in an Easterl@,
direction, rlinning a distance of 900 feet along the "fest side of Sandbridge Road,
running a distance of 1480 feet iri a Plorthwesterly direction, running a distance of
500 feet in a Southwesterl,/ direction, running a distance of 220 feet in a Iiorth-
easterly direction, running a distance of 130 feet in a tiortheasterl@/ direction,
running a distance of 400 feet in a Northwesterly direction, running a distance
of 440 feet in a South,,.iesterly direction, running a distance of 120 feet in a
'4esterly direction and running a distance of 150 feet in a Northwesterl,, direction.
Said parcel contains 240 acres. Princess Anne Borough.
Voting: 11-0
Council Members Voting Aye: (.@or deferral)
John A. Baum, F. Reid Ervin, George R. Ferrell, Barbara M.
Henley, Clarence A. Holland, Vice Mayor J. Henry fIcCo\,,
Jr., Donald W. Merricl,, Meyera E. Oberndorf, J. Curtis
Payne, Roger L. Riggs, and tla,,or Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
None
10/15/79
-17-
(ITEM II-I.4a) ITEM #14308
T14IS ITEM AND ITEM #14257 TIERE VOTED ON AS ONE
Letter received from Mrs. Sheila M. Price, President, Sandbridge Beach Civic
League, requested DENIAL of the application.
On motion by Councilman Payne, seconded by Councilman Holland, City Council voted
to DEFER the following Ordinance upon application of Sandbridge Road Enterprises
for a Conditional Use Permit to construct 120 duplexes back to the Planning
Commission to study the entire concent of cluster developments for their meeting
in December, 1979; and to be forwarded to the Citi P.ouncil for a meeting in
January, 1980:
Ordinance upon application of Sandbridge Road Enterprises, a Partnership, for a
Conditional Use Permit to construct 120 duplexes on certain property located on
the East side of Atwoodtown Road beginning at a point 750 feet East of the
intersection of Lotus Drive, running a distance of 629.05 feet along the East
side of Atwoodtown Road, running a distance of 150 feet in an Easterly direction,
running a distance of 1220 feet in a Northerly direction, running a distance of
390 feet in a SOutheasterly direction, running a distance of 30 feet in a Southerly
direction, running a distance of 510 feet in an Easterly direction, running a
distance of 700 feet in a Southerly direction, running a distance of 110 feet in
a Westerly direction, running a distance of 450 in a Southerly direction, running
a distance of 980 feet in an Easterly direction, running a distance of 170 feet in
a Southerly direction, running a distance of 100 in a Westerly direction, running
a distance of 100 feet in a Southerly direction, running a distance of 100 feet in
an Easterly direction, running a distance of 900 feet along the West side of Sand-
bridge Road, running adistance of 1480 feet in a Northwesterly direction, running
a distance of 500 feet in a Southwesterly direction, running a distance of 220 feet
in a Northwesterly direction, running a distance of 130 feet in a Northeasterly
direction, running a distance of 400 feet in a Northwesterly direction, running a
distance of 440 feet in a Southwesterly direction, running a distance of 120 feet in
Westerly direction and running a distance of 150 feet in a @lorthwesterly direction.
Said parcel contains 240 acres. Princess Anne Borough.
Voting: 11-0
Council Members Voting Aye: (for deferral)
John A. Baum, F. Reid Ervin, George R. Ferrell, Barbara ti.
Henley, Clarence A. Holland, Vice Mayor J. Henry @IcCoy, Jr.,
Donald W. Merrick, Meyera E. Oberndorf, J. Curtis Payne,
Roger L. Riggs, and Mayor Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
None
10/15/79
(ITEM II-I.5) ITEM #14309
Mr. Carl W. Isbrandtsen, Attorney, represented the applicant
On motion by Councilman Payne, seconded by Councilman B@aum, City Council voted
to APPROVE the following Ordinance upon application of Herman C. and France-s L.
Jehoich for a Change of Zoninq District Classification from AG-1 Agricultural
District to B-2 Community-Business District.
ORDINANCE IJPON APPLICATION OF HERMAN C. AND Z01079452
FRANCES L. JEHOICH FOR A CHANGE OF 70NING
DISTRICT CLASSIFICATIO@J FROM AG-1 AGRICULTURAL
DISTRICT TO B-2 COMMUNITY-BUSINESS DISTRICT
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGIrilA,
THAT:
Ordinance upon application of Herman C. and Frances L. Jehoich for a Change of
Zoning District Classification from AG-1 Agricultural District to B-2 Community-
Business District on certain property located on the West side of Oceana Boulevard
beginning at a point 780 feet more or less North of Prosperity Road, running a
distance of 212 feet along the West side of Oceana Boulevard, running a distance
of 201.68 feet along the Northern property line, running a distance of 212 feet
along the Western property line and running a distance of 201.68 feet along the
Southern property line. Said parcel contains I acre. Princess Anne Borough
Approval is subject to the following conditions in conjunction with the intended
use of the land:
1. Standard improvements as required bv the Site Plan
Ordinance.
2. City water and sewer.
3. The cost of the design and construction of a standard
City street along this site's frontage on Oceana
Boulevard is to be deposited in the Oceana Boulevard
project account.
Prior to the change of the official zoning map, the following conditions will be
met:
1. A dedication of right-of-way 40 feet from the centerline
of the existing 50 foot right-of-way and a reservation of
an additional 5 feet along the 212 foot frontage on Oceana
Boulevard (a 15-foot dedication and a 5-foot reservation).
This Ordinance shall be effective upon date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
-15th day of October 1979
Voting: 11-0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, George R. Ferrell, Barbara M.
lienley, Clarence A. Holland, Vice Mayor J. Henry McCoy,
Jr., Donald W. Merrick, Meyera E. Oberndorf, J. Curtis
Payne, Roger L. Riggs, and rlayor Patrick L. Standing
10/15/79
-19-
Council Members Voting Nay:
None
Council Members Absent:
None
(ITEM II-I.6) ITEM #14310
On motion by Councilman Baum, seconded by Vice Mayor McCoy, City Council voted
to uphold the recommendations of the Planning Commission and APPROVED the following
Ordinance t6 amend and reordain Article 2, Section 229 of the Comprehensive Zoning
Ordinance pertaining to Home Occupations:
Voting: 11-0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, George R. Ferrell, Barbara M.
Henley, Clarence A. Holland, Vice Mayor J. Henry McCoy, Jr.,
Donald W. Merrick, Meyera E. Oberndorf, J. Curtis Payne,
Roger L. Riggs, and Mayor Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
tlone
10/15/79
-20-
AN ORDINANCE TO AMEND AND REORDAIN
ARTICLE 2, SECTION 229
OF THE COMPREHENSIVE ZONING ORDINANCE
PERTAINING TO HOME OCCUPATION
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That Article 2, Section 229, Home Occupation, of the C.Z.O. is amended
and reordained as follows:
(f) The following are specifically excluded as home occupations:
beauty-parler, barber-shep, convalescent or nursing home,
tourist home, massage parlor, radio or television repair
shops or similar establishments.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
15 day of October 1979.
APPRO ED AS TO CO*T;NT
7 If
Id
Ci-iY AITO.INEY
1 0/1 5/79
-21-
(ITEM II-I.7) ITEM #14311
Mr. Earl M. Tebault represented the applicants.
On motion by Councilman Baum, seconded by Couhcilman Payne, City Council voted to
uphold the recommendations of the Planning Commission @and APPROV-LD
the following Ordinance upon application of Archie G. and Ella C. Silverhorne for
a Conditional Use Permit for a home occupation (beauty parlor)
ORDINANCE UPON APPLICATIOPI OF ARCHIE G. AND ELLA R01079274
C. SILVERHORNE FOR A CONDITIONAL USE PERMIT FOR
A HOME OCCUPATION (BEAUTY PARLOR)
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGI@IIA BEACH, VIRGINIA,
THAT:
Ordinance upon application of Archie G. and Ella C. Silverhorne for a Conditional
Use Permit for a home occupation (beauty parlor) on certain property located at
the Southwest intersection of Land of Promise Road and Blackwater Road, running
a distance of 290.46 feet along the South side of Land of Promise Road, running
a distance of 208.5 feet along the Western property line, running a distance of
310.5 feet along the Southern property line and running a distance of 208.88
feet along the West side of Blackwater Road. Said parcel contains 1.45 acres.
Blackwater Borough.
Approval is subject to the following condition in conjunction with the intended
use of the land:
1. Compliance with Article 2, Section 229 of the Comprehensive
Zoning Ordinance pertaining to home occupations.
This Ordinance shall be effective upon date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
15 day of October 1979
Voting: 11-0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, George R. Ferrell, Barbara M.
Henley, Clarence A. Flolland, Vice Mayor J. Henry McCo,,,
Jr., Donald W. Merrick, @leyera E. Oberndorf, J. Curtis
Payne, Roger L. Riggs, and @layor Patrick L. Standing
Council Members Voting tlay:
None
Council Members Absent:
None
10/15/79
-22-
(ITEM II-I.8) ITEM #1431?
Mr. H. Calvin Spain, Attorney, represented the applicant.
On motion by Councilman Payne, seconded by Councilman Holland, City Council voted
to uphold the reconmendations of the Planning Cornmission and
APPROVED the following Ordinance upon application of W. R. Malbon, Jr., and T. M.
Malbon for a Conditional Use Permit for a Borrow Pit:
ORDINANCE UPON APPLICATION OF W. R. MALBON, JR., R01079275
AND T. M. MALBON FOR A CONDITIONAL USE PERMIT
FOR A BORROW PIT
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA,
THAT:
Ordinance upon application of W. R. Malbon, Jr., and T. M. tialbon for a Conditional
Use Permit for a borrow pit on certain property located 530 feet South of Old Dam
Neck Road beginning at a point 1300 feet more or less East of Dwyer Road, running a
distance of 637.76 feet in a Southwesterly direction, running a distance of 645.40
feet in a Northwesterly direction, running a distance of 1009.57 feet in a South-
westerly direction, running a distance of 505.18 feet in a Southerly direction,
running a distance of 1066.05 feet in a Southeasterly direction, running a distance
of 1721.08 feet in a Northeasterly direction and running a distance of 810.18 feet
in a r@orthwesterly direction. Said parcel contains 49.15 acres. Princess Anne
Borough.
Approval is subject to the following conditions in conjunction with the intended use
of the land:
1. Compliance with Article 2, Section 228 of the Comprehensive
Zoning Ordinance pertaining to Extractive Industries.
2. The applicant is to submit to the Departnient of Public Viorks,
for review and approval, all the necessary information as
indicated in Section 31.2 of the City Code.
3. Upon approval by City Council, and prior to issuance of an
excavation permit, the applicant is to submit to the Department
of Public Works an Erosion, Sediment Control and Tree Protection
Plan and a surety bond in the amount of $500.00 per acre or part
thereof for each acre to be excavated.
4. The water pumped from the Borrow Pit during excavation should be
run through a sediment basin before being allowed to flow into
the canal along the eastern boundary of this site.
5. The Borrow Pit Operator will be responsible for continuous
water service from the private wells of adjacent residents.
6. Renewal of the use permit after a five-(5) year period.
This Ordinance shall be effective upon date of adoption.
Adopted by the COLincil of the City of Virginia Beach, Virginia, on tlie
15th day of October 1979.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, George R. Ferrell, Barbara M.
Henley, Clarence A. Holland, Vice Mayor J. Henry ficcoy, Jr.,
Donald W. Merrick, Meyera E. Oberndorf, J. Curtis Payne,
Roger L. Riggs, and tiayor Patrick L. Standing
10/15/79
-23-
Council Members Voting Nay:
None
Council Members Absent:
None
(ITEM II-I.9 ITEM #14313
Mrs. Elsie Tann appeared in favor of this matter
On motion bv Councilman Merrick, seconded by Councilman Baum, City Council voted
to uphold the recommendations of the Planning Commission and
APPROVED the following application of Elsie Tann for a variance to Section 4.4(b)
of the Subdivision Ordinance which requires lot dimensions to conform@ to the
Comprehensive Zoning Ordinance.
Subdivision Variance: Appeal from Decisions of Administrative Officers in regard
to certain elements of the Subdivision Ordinance, Subdivision for Elsie Tann.
Property located on the West side of South Birdneck Road, 51.67 feet South of
Beautiful Street.
The applicant wished to subdivide an approximately 22,730 square foot site located
on the West side of South Birdneck Road, approximately 51.67 feet South of Beautiful
Street, into two (2) lots.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, George R. Ferrell, Barbara M. Henley,
Clarence A. Holland, Vice Mayor J. Henry McCoy, Jr., Donald W.
Merrick, Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs,
and Mayor Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
None
10/15/79
-24-
(ITEM II-I.10) ITEM #1431;
Mr. Elton Wood, Pinewood Gardens/Eureka Park Civic League, appeared in opposition.
On motion by Councilman Merrick, seconded by Councilman Baum, Citv Council voted
to uphold th@ recommendations of the Planning Commission and
DENIED the Ordinance upon application of The'Emmanuel Tabernacle Church for a
Change of Zoning District Classification from R-8 Residential District to B-2
Community-Business District:
Ordinance upon application of The Emmanuel Tabernacle Church for a Change of Zonina
District Classification from R-8 Residential District to B-2 Community-Business
District on certain property located on the West side of Morrison Avenue beginning
at a point 35 feet riore or less South of Gator Road, running a distance of 127 feet
along the West side of Morrison Avenue, running a distance of 224 feet more or less
along the Southern property line and running a distance of 183 feet along the Northern
property line. Said parcel contains .266 acre more or less. Lynnhaven Borough.
This application was denied as it was felt that the proposed zoning is inappropriate
for this site and would be detrimental to the residents in this area.
Voting: 11-0
Council Members Voting Aye: (for denial)
John A. Saum, F. Reid Ervin, George R. Ferrell, Barbara M. Henley,
Clarence A. llolland, Vice Mayor J. Henry McCoy, Jr., Donald W.
Merrick, Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs,
and Mayor Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
None
10/15/79
-25-
(ITEM II-I.11) ITEM #I,'315
Mr. Jim Long, Kyrus Realty, represented the applicant
Mrs. Laura White also appeared regarding this application
On motion by Councilman Merrick, seconded by Councilman Ervin, City Council voted
to DEFER for THIRTY (30) DAYS the following Ordinance upon application of James
and Jean Drinko for a Change of Zoning District Classification from R-6 Residential
District to R-8 Residential District.
Ordinance upon application of James and Jean Drinko for a Chanqe of Zoninq District
Classification from R-6 Residential District to R-8 Reside tial District on parcels
located on the East and West sides of Riddle Avenue.
Parcel 1: Property located on the West side of Riddle Avenue beginning at a
point 115 feet more or less South of Airstation Drive, running a distance of
260 feet along the West side of Riddle Avenue, running a distance of 135 feet
along the South side of Garden Drive, running a distance of 125 feet in a
Southerly direction, running a distance of 217 feet in an Easterly direction,
running a distance of 145 feet in a Southerly direction, running a distance
of 436 along the Southern property line, running a distance of 600 feet along
the Western property line and running a distance of 100 feet along the Northern
property line.
Parcel 2: Property located on the East side of Riddle Avenue beginning at a
point 180 feet more or less South of Airstation Drive, running a distance of
165 feet along the East side of Riddle Avenue, running a distance of 80 feet
along the rlorth side of Garden Circle, running a distance of 165 feet along
the Eastern property line and running a distance of 80 feet along the Northern
property line.
Said parcels contain 3.89 acres. Lynnhaven Borough
Voting: 11-0
Council Members Voting Aye: (for deferral)
John A. Baum, F. Reid Ervin, George R. Ferrell, Barbara r@,. Henley,
Clarence A. Holland, Vice tlayor J. Henry McCoy, Jr., Donald W.
Merrick, Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, and
Mayor Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
None
10/15/79
-26-
(ITEM II-I.12) ITEM #I,'316
On motion by Councilman Holland, seconded by Vice Mayor McCoy, City Council voted
to uphold the recommendations of the City Manager and APPROVED the following
Ordinance to amend and reordain Article 9, Section 911 and 921 of the Comprehensive
Zoning Ordinance pertaining to use regulations for automobile repair establishments.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, George R. Ferrell, Barbara M. Henley,
Clarence A. Holland, Vice tlayor J. Henry McCoy, Jr., Donald @l.
Merrick, Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, and
Mayor Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
None
10/15/79
-27-
AN ORDINANCE TO AMEND AND REORDAIN
ARTICLE 9, SECTIONS 911 AND 921
OF THE COMPREHENSIVE ZONING ORDINANCE
PERTAINING TO USE REGULATIONS .
FOR AUTOMOBILE REPAIR ESTABLISHMENTS
BE IT ORDAINED BY THE COUNCIL OF THE CITY Or VIRGINIA BEACH, VIRGINIA:
That Article 9, Section 911, Use Regulations, of the C.Z.O. is amended
and reordained as follows:
(a) Principal uses and structures:
k24 Auteifleb4;e-repa4r-estab;4shRieRtsT-pfev4ded-that-a44-
repa*r-werk-sha;l-be-peFfefFRed-w4thin-a-bu4;d4Rg;
(2) k34 Automobile sales and rental;
(3) k44 Boat sales;
(4) k64 Business and vocational schools which do not involve
the operation of woodwork shops, machine shops or
other similar facilities;
(5) 44 Business studios, offices, clinics and medical
laboratories;
(6) k74 Child care education centers;
(7) kg4 Commercial parking lots, parking garages and storage
garages;
(8) @94 Commercial recreation facilities other than those of an
outdoor nature; provided that amusement arcades shall be
pemitted only as a conditional use;
(9) 004 Day care centers;
(10) @;;4 Eating and drinking establishments; provided that where
there is an adjoining residential or apartment district
without an intervening street, alley, or permanent open
space over twenty-five (25) feet in width and where lots
separated by the district boundary have adjacent front
yards, the first lot within the B-2 Community-Business
District or one hundred (100) feet of such lot nearest
the boundary (whichever is less) shall not be used for
a drive-in eating and drinking establishment;
(11) k424 Financial institutions;
10/15/79
-28-
(12) @434 Furniture repair and upholstering, repair services
for radio and television and household appliances
other than those with gasoline engines; service and
repair services for business machines; carpet and
linoleum laying; tile setting, sign shops and other
small service businesses;
(13) k444 Funeral homes;
(14) k464 Greenhouses and plant nurseries;
(15) k46@ Laboratories and establishments for the production
and repair of eyeglasses, hearing aids and prosthetic
devices;
(16) kl7@ Marinas, including facilities for storage and repair
of boats and sale of boating supplies and fuel;
(17) k;84 Museums and art galleries;
(18) k494 Newspaper printing and publishing, job and commercial
printing;
(19) k2g4 Nightclubs, bars, taverns, dance halls;
(20) k244 Passenger transportation terminals;
(21) k224 Personal service establishments, including barber and
beauty shops, shoe repair shops, cleaning, dyeing,
laundry, pressing, dressmaking, tailoring and garment
repair shops with processing on the premises;
(22) k234 Private clubs, lodges, social centers, eleemosynary
establishments and athletic clubs;
(23) k244 Public buildings and grounds;
(24) @254 Public Litilities installations and substations includ-
ing offices; provided storage or maintenance facilities
shall not be pernitted; and provided, further, that
utilities substations, other than individual trans-
formers, shall be surrounded by a wall, solid except
for entrances and exits, or by a fence with a screen-
ing hedge five (5) to six (6) feet in height; and
provided also, transformer vaults for underground
utilities and the like shall require only a landscaped
screening hedge, solid except for access opening;
(25) k264 Radio and television broadcasting stations and line-
of-sight relay devices;
10/15/79
-29-
(26) k274 Retail establishments, including the incidental manu-
facturing of goods for sale only at retail on the
premises; retail sales and display rooms and lots,
provided that yards for storage of new or used building
materials or yards for any scrap or salvage operations
or for storage or display of any scrap, salvage or
second-hand building materials or automobile parts shall
not be allowed;
(27) k2g4 Veterinary establishments and commercial kennels,
provided that all animals shall be kept in sound-
proofed, air-conditioned buildings:
(28) k294 Wholesaling and distribution operations, provided
that such operations do not inv6lve the use of:
(i) more than 2,000 square feet of floor area for
storage of wares to be sold at wholesale or to
be distributed, or
(ii) any vehicle rated at more than one and one-half
ton capacity, or
(iii) a total of more than five (5) delivery vehicles.
(c) Conditional uses and structures: Uses and structures hereinafter
specified; subject to compliance with the provisions of Part C of
Article 2 hereof:
(2) Automobile repair establishments, provided that all
repair work shall be performed within a building;
(3) k24 Automobile service stations, provided that where there
is an adjoining residential or apartment district with-
out an intervening street, alley or permanent open space
over twenty-five (25) feet in width and where lots
separated by a district boundary have adjacent front
yards, a six (6) foot solid fence shall separate th6
automobile service station use from the adjacent
residential district and no ground sign shall be within
fifty (50) feet of the residential or apartment district;
(4) k34 Car wash facilities, provided that:
(i) no water produced by activities on the zoning
lot shall be permitted to fall upon or drain
across public streets or sidewalks or adjacent
properties;
(ii) a minimum of three (3) off-street parking spaces
for automobiles shall be provided for each car
wash s.oace within the facility.
10/15/79
-30 -
(5) @44 Churches;
(6) @64 Extractive industries, including the removal of sand and
soil;
(7) k64 Heliports and helistops;
(8) k74 Hospitals and sanitariums;
(9) kg4 Mini-warehouses, provided that the yard shall be completely
enclosed except for necessary openings for ingress and
egress by a fence or wall not less than six (6) feet in
height;
(10) k94 Mobile home sales;
(11) @194 Outdoor advertising structures, billboards, signboards and
poster panels shall be allowed on unimproved property pro-
vided the regulations of Section B of Article 2 and Sec-
tion 914 hereof are met and further provided that no out-
door advertising sign shall exceed three hundred (300)
square feet of surface area;
(12) kII4 Public utility storage or maintenance installations;
(13) k;24 R.ecreational and amusement facilities of an outdoor nature,
which may be partially or temporarily enclosed on a seasonal
basis with approval of City Council, provided that in the
development of such properties, safeguards are provided to
preserve and protect the existing character of adjacent
properties except that riding academies and recreational
campgrounds shall not be allowed as a conditional use of
otherwise.
That Article 9, Section 921, Use Regulations, of the C.Z.O. is amended
and reordained as follows:
(a) Principal uses and structures:
(1) All of the principal uses and structures permitted in the
B-2 Community-Business District, except the following:
k44 Au teFReb @ le -repa 4 r-es tab4 is hFHemts
(i) k444 Boat sales;
(ii) ki444 Greenhouses and plant nurseries;
(iii) k@Y4 Line-of-sight relay stations;
(iv) kv@ Wholesaling and distributing operations except
as provided in Item (3) below.
1 0/1 5/79
-31-
(c) Conditional uses and structures: All of the conditional uses
and structures pertnitted in the B-2 Community-Business District,
subject to compliance with the provisions of Part C of Article 2
hereof provided that the following uses shall not be allowed as
a conditional use or otherwise:
(1) Automobile repair establishments;
(2) kl4 Bulk storage yards and building contractors' yards;
(3) k24 Commercial recreational facilities such as amusement
arcades;
(4) k34 Mobile home sales;
(5) k44 Outdoor advertising structures, billboards, signboards
and poster panels.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
15 day of October 1979.
APPROVgD AS TO CORMT
SIGt@AOE
SIGIJATURE
CITY ATTORN
10/15/79
-32-
(ITEM II-I. b.1) ITEM #14317 BIDS
THIS ITEM AND ITEMS #14268 AND #14269 WERE VOTED ON AS ONE
The following bids have been recei ed for the Thoroughgood Sanitary Sewerage
Facilities project:
Contract I: Gravity Collection Svstems, Areas VI and VII
Floyd B. Smith Contracting, Inc. $502,557.80
A. Stanley Mundy, and Company $505,986.40
Major T. Archbell, Inc. $514,957.00
A & W Contractors, Inc. $574,681.95
Carter-Bell Corporation $577,245.00
M. E. Wilkins, Inc. $581,191.50
Vico Construction Corporation $596,706.16
Suburban Grading & Utilities, Inc. $635,221.50
Engineer's Estimate $545,000.00
On motion by Vice t4ayor McCoy, seconded by Councilman Holland, City Council voted to
APPROVE the low bid of Floyd B. Smith Contracting, Inc., in the amount of $502,557.80
for the Thoroughgood Sanitary Sewerage Facilities project, Contract I - Gravity
Collection Systems, Areas VI & VII; AND further authorized the City Manager to
enter into the necessary agreements.
Voting: 11-0
Council tlembers Voting Aye:
John A. Baum, F. Reid Ervin, George R. Ferrell, Barbara t@,. lienley,
Clarence A. Holland, Vice Mayor J. Henry McCoy, Jr., Donald ',I.
Merrick, rleyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs,
and Mayor Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
None
10/15/79
-33-
(ITEM II-I. b.1a) ITEM #14318
THIS ITEM AND ITEMS #14269 and #14267 WERE VOTED ON AS ONE
The following bids have been received for the Thoroughgood Sanitary Sewerage
Facilities project:
Contract II: Area VI Pumping Station
Luke Construction Company, Inc. $68,800.00
Crowder Contracting Company, Inc. $71,700.00
Van De Reit Construction Company, Inc. $72,500.00
Hunt Contracting Corporation $107,615.00
Gavco Corporation $109,700.00
Engineer's Estimate $ 90,000.00
On motion by Vice Mayor McCoy, seconded by Councilman Holland, City Council voted
to APPROVE the low bid of Luke Construction Company, Inc., for the Thoroughgood
Sanitary Sewerage Facilities project, in the amount of $68,800.00, for Contract II
Area VI Pumping Station; ATID further authorized the City Manager to enter into "he
necessary agreements.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, George R. Ferrell, Barbara M.
Henley, Clarence A. Holland, Vice Mayor J.@Henry tIcCoy,
Jr., Donald W. Merrick, Meyera E. Oberndorf, J. Curtis
Payne, Roger L. Riggs, and Mayor Patrick L. Standing
Council Members Voting Nay:
None
Council tlembers Absent:
None
10/15/79
-34-
(ITEM II-I.3.b.1h) ITEM #14319
THIS ITEM AND ITEMS #14267 and #14268 WERE VOTED ON AS ONE
The following Bids have been received for the Thoroughgood Sanitary Sewerage
Facilities project:
Contract III: Area VII Pumping Station
Crowder Contracting Company, Inc. $71,300.00
Luke Construction Company, Inc. $71,900.00
Van de Riet Construction Company, Inc. $72,000.00
Hunt Contracting Corporation $87,124.00
Gavco Corporation $91,500.00
Engineer's Estimate $85,000.00
On motion by Vice Mayor McCoy, seconded by Councilman Holland, City Council voted
to APPROVE the low bid of Crowder Contracting Company, Inc., in the amount of
$71,300.00 for the Thoroughgood Sanitary Sewerage Facilities project; Contract III
Area VII Pumping Station; AND further authorized the City Manager to enter into the
necessary agreements.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, George R. Ferrell, Barbara M.
Fienley, Clarence A. Holland, Vice Mayor J. Henry McCoy,
Jr., Donald W. rierrick, tleyera E. Oberndorf, J. Curtis
Payne, Roger L. Rigjs, and Mayor Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
None
10/15/79
-35-
(ITEM II-1.3.b.2) ITEM #14320
The following bids have been received for the Bayville Park Project, Contract I:
Utility Builders, Inc. $497,106.70
M. E. Wilkins, Inc. $533,266.48
Suburban Grading and Utilities, Inc. $571,325.88
Vico Construction Corporation $590,892.80
A W Contractors, Inc. $592,071.24
Carter-Bell Corporation $653,479.00
A. Stanley Mundlv and Company $676,387.00
A. Stuart Bolling Company, Inc. $694,693.00
Basic Construction $709,082.00
Engineer's Estimate $614,764.00
On motion by Councilman Holland, seconded by Vice Mayor McCoy, City Council voted
to APPROVE the low bid of Utility Guilders, Inc., in the amount of $497,106.70
for the Bayville Park Project, Contract I; AND further authorized the City Manager
to enter into the necessary agreemen"s.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, George R. Ferrell, Barbara M.
Henley, Clarence A. Holland, Vice Mayor J. Henry McCoy, Jr.,
Donald W. Merrick, Meyera E. Oberndorf, J. Curtis Payne,
Roger L. Riggs, and Mayor Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
None
10/15/79
-36-
(ITEM II-1.3.c.1) ITEM #14321 FIRST READING
On motion by Councilman Merrick, seconded by Councilman Holland, City Council voted
to APPROVE on FIRST READING the following Ordinance to accept a grant totalinq
$14,420 from the Virginia State Department of Health for Solid and Hazardous tlaste
Management:
Voting: 11-0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, George R. Ferrell, Barbara M.
Henley, Clarence A. Holland, Vice Mayor J. @lenry McCoy,
Jr., Donald W. Merrick, Meyera E. Oberndorf, J. Curtis
Payne, Roger L. Riggs, and Mayor Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
None
10/15/79
-37-
ITEM II-K) ITEM #14322 OLD BUSINESS
Mr. William T. Reil, former Utilities Electrical Engineer with the Department
of Public Utilities, appeared before Council regarding his allegations of the
Utilities Department.
The Mayor advised tlr. Reil of the ten (10) minute deliberation period as stated
in the City Code.
Mr. Reil indicated he would need more than ten (10) minutes to give his
presentation.
After discussion, Councilman Ervin made a motion, seconded by Vice Mayor McCoy,
to grant Mr. Reil an additional seven (7) minutes in which to present his
presentation to Council and in accordance with the time schedule he requested.
Voting: 8-3
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, Barbara M. lienley, Vice
Mayor J. Henry tIcCoy, Jr., Donald W. Merrick, Meyera
E. Oberndorf, J. Curtis Payne, and Roger L. Riggs
Council Members Voting Nay:
*George R. Ferrell, Clarence A. liolland, and Mayor
Patrick L. Standing
Council Members Absent:
None
*It is noted that Councilman Ferrell left Council Chambers and indicated he
would return to the Chambers in seventeen (17) minutes as he did not wish to
hear Mr. Reil's presentation.
Mr. Reil read his presentation adjusting it to comply with the seventeen (17)
minutes allotted him by Council, and his additional time requested and granted
by the Mayor.
In his presentation, r-Ir. Reil requested Vice Mayor McCoy to sponsor and support
a Resolution to adopt and act on the total contents of his July 3, 1979 letter
(a copy of which is included in the Minutes of this day's meeting, October 15,
1979).
The following appeared in support of Mr. Reil:
Mrs. Gwen Wood - requested information on riercury in
the drinking water
Mrs. Jean Chebetar - indicated perhaps the City needs
a Ralph Nader
Mr. Herbert R. Schippell
10/15/79
-38-
William T. Reil
Electrical Engineer
5100 Hemlock Ave.
Va. Beach. Va. 23462
July 3,1979
Mr. Mayor and other Honorable Members of the Va. Beach CitY Counril
I am writing this letter to offer for your consideration th(,
attached copy of my March 19,1979 Council Speech, which to date I
have been prevented from presenting, and the following sincere
comments#
Based on the information now available to the City Council,
I propose that. in the best interest of the City of Virginia Reach,
th& Council strongly recommend that the City Manager's Office take
-th" following actions immediatelys
A - ReiTnbursement of all expenses encumbered by me and mv
family as a result of my October 1978 grievance.
B - Reinstatement of me as Utilities Electrical Engineer with
those duties and responsibilitips clearly delineated in mv May 25,1978
Position Description Questionaire at a pay range of B or t with an
annual salary of $35,000.00. 1 make this request based on the proven
fact that, by virtue of my character, abilities, education, training.
and experience, I am the most qualified individual for this position.
Thus, in accordance with the hiring procedures of the Citv of Virginia
Beach, I am the appropriate person to perform this necessary job. If
Council or the City Manager's Office finds this salary figure diffi-
cult to justify, I submit that the duties and responsibilities of
this position command such a figure and that my personal efforts in
these areas will save the City several times this amount as they
have done in the past. However, as further justification for this
salary. I propose that the position title be changed to that of City
Electrical Engineer with additional duties and responsibilities of
managing all electrical and elpctronic fuctions, facilities, materials,
and manpower under City management. I further propose that all of the
current manpower# equipment, and budgeting in these areas be reeval-
uated and reorganized as soon as possible to minimize duplication of
efforts, cost, and inefficiencyl while maximizing their overall levels
of proformance. I also offer my ser-vices as a labor relations advisor
to the City Manager's Office in an effort to eliminate the currently
apparent need for labor unions within this tity's personnel structure.
C - Payment of all salary. allowances, and interest lost by me
and iny family due to the in.just actions of the current City Manage-
ment since (>ctober of 1978. This will also include credit for all
annual leave taken by me from December 5.1978 thru March 9,1979 except
the four days between Christmas and New Years of 1978 which I would
have normally taken anyway.
D - Public submittal of written commitments from the City
Manager's Office and the Council to earnestly work with me and other
concerned City employees to improve the working and managerial
conditions in all City Departments were needed.
10/1 5/79
-39-
( 2
E - Immediate dismissal of all personnel listnd in my March
12,1979 IPtter of' resignation. These individuals cnused and/or
sunported the gross injustices which I have explained and thus
knowingly abused the public trust of their positions and endangered
the lives and properties of City employees and the citizens of
Virginia Beach, Virginia. Failure of City Council to act positivcly
in this matter May result in very costly legal actions against the
City several current managerial personnel, and the opposinp_ memb@rs
of tAe Council in the event of a future accident or death caused by
conditions of which all are now aware.
It seems to me that the choices are very clear. Does the
Virginia Beach City Council wish to make its many important decisions
based on clear and accurate information and rely on honest and
qualified individuals to manage and operate this City or does this
Council wish the City's management to continue on its present costly
and potentially fatal course7 Having been informed, the choice rlc!,irl,,
now rests with each member of the City Council of Virginia Beach.
I hive been told on several occassiorrs that by law the City
Cotincil can not violate the Council/City Manager form of gover-nment
by addres-.ing personnel matters and that the only individual in thr
City's manarement structure which Council may address directly is
the City Manager. Therefore, whether or not you choose to address the
previous issues and proposals which I have presented, Couhcil,bV'Jts
ow,n statrmpnts, must address the followingi
I not: for-mallv charge Mr. George L. Hanbury. the City Manarer
of th@ Citv of Virglhia Beach, Virginia with willful negligence in
the rK(,cution of his primar-y job responsibility of safppuardihe thp
health nnd welfare of City employees and the citizens of Virginia
Beach. I further charge that Mr. Hanbury knowingly misused his public
ser-vice position in an attempt to harass and discredit me, to cover-
up public information, and impede the course of justice solely for
the purpose of maintaining his present public and personal positinn.
Mr. Mayor and several other members of City Council, in the
best interest of the City of Virginia Beach, I request that you set
aside your political allegiances with Mr. Hanbury and along with the
other members of City Council immediately dismiss Mr. George L.
Banbury as City Manager and earnestly seek out an honest and qualified
individual for this most important public position.
Thank you for your time and your sincere concern for our city.
Sincerely yours,
&) 7& -J
William T. Reil
10/1 5/79
-40-
The City Manager indicated he shares the same concerns as Mr. Reil with regards
to the health, safety and welfare of the citizens of Virginia Beach@, and he will
continue to provide good service of the Public Utilities Department, and uphold
the laws of the City of Virginia Beach, and the Virginia Beach Employees Code of
Ethics.
After discussion, the City Manager introduced Daniel Horne, Engineer for the
Virginia State Health Department, who represented the State's investigation
of the City's compliance to State regulations.
The tlayor extended, in behalf of the Council, best wishes to Mr. Reil in any
new endeavor.
No further action was taken on this matter.
(ITEM II-L) ITEM #14323 NEW BUSINESS
Councilman Merrick indicated this was a Personnel Matter and had requested
a hearing during the EXECUTIVE SESSION, but was asked to delay his
presentation to the public FORMAL SESSION of this date.
Councilman tlerrick offered a letter to the Playor signed by five (5) members
of Council and bearing attachments he felt pertinent to the cause.
Councilman Merrick made a motion, seconded by Councilrnan Ervin, to ask the
Senior Judge of the Circuit Court to appoint an investigating Attorney to
explore the recent allegations against tiie Mayor and upon completion of the
investigation, advise the Council of his findings.
Voting: 5-6
Council Members Voting Aye:
F. Reid Ervin, Barbara M. Henley, Donald W. Merrick,
Meyera E. Oberndorf, and Roger L. Riggs
Council Members Voting Nay:
John A. Baum, George R. Ferrell, Clarence A. Holland,
Vice Mayor J. Henry rIcCoy, Jr., J. Curtis Payne, and
Mayor Patrick L. Standing
Council Members Absent:
None
MOTION WAS LOST.
10/15/79
ITEM #14324
On motion by Councilrnan Baum, seconded by Councilman Holland, and by UNANIMOUS
vot(i, the meeting adjourned at 6:30 p.m.
Ruth Hodges Smil'th, City Clerk S@t-a ,@@di9
City of Virginia Beach,
Virginia
October 15, 1979
h