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Home My WebLink AboutNOVEMBER 24, 1986 MINUTESCITY COUNCIL MAYOR ROBERT G. JONES, At Large VICE MAYOR MEYERA E. OBERNDORF, At Large ALBERT W. BALKO, Lynnhaven Borough JOHN A. BAUM, Blackwater Borough ROBERT E. FENTRESS, Virginia Beach Borough HAROLD HEISCHOBER, At Large BARBARA M. HENLEY, Pungo Borough REBA S. McCLANAN, Princess Anne Borough JOHN D. MOSS, Kempsville Borough NANCY K. PARKER, At Large JOHN L. PERRY, Bayside Borough RUTH HODGES SMITH, CMC, City Clerk VIRGINIA BEACH CITY COUNCIL CITY COUNCIL AGENDA November 24, 1986 281 CITY HALL BUILDING MUNICIPAL CENTER VIRGINIA BEACH, VIRGINIA 23456-9002 (804) 427-4303 ITEM I. INFORMAL SESSION: - Conference Room - 10:00 PM A. CALL TO ORDER - Mayor Robert G. Jones B. ROLL CALL OF COUNCIL C. MOTION TO R]gCESS INTO EXECUTIVE SESSION ITEM II. INFORMAL INTERVIEW SESSION - Council Chambers - 1:00 PM A. SCHOOL BOARD APPLICANTS ITEM III. CONFERENCE SESSIONS - Conference Room - 4:30 PM A. CITY COUNCIL CONCERNS ITEM IV. INFORMAL SESSION RECONVENED - Conference Room - 5:00 PM A. Tax Increase Implementation Schedule B. 1987 Legislative Package C. Sandbridge Resolutions ITEM V. CEREMONIAL PRESENTATIONS - Council Chambers - 6:45 PM A. PROCIAMATION - ZONTA MONTH B. PRESENTATION - VIRGINIA BEACH SAFETY COUNCIL 1. LIFESAVER AWARDS a. Robert Hechinger b. Lawrence Fox c. Hazel Thomas C. RESOLUTION IN R~COGNITION 1. UNITED STATES WHEELCHAIR TABLE TENNIS a. Gary Blanks b. Don Davidson c. Skip Wilkins 2. RETIRING COUNCIL APPOINTED COMMISSIONERS a. J. Henry McCoy b. Curtis Payne 3. VIRGINIA BEACH EMERGENCY MEDICAL SERVICES AGENCY ITEM VI. FORMAL SESSION - Council Chambers - 7:00 PM Ao INVOCATION~ Reverend L. W. Chase Rehoboth Baptist Church B. PLRDGE OF A?.L~IANCE TO THE FLAG OF THE UNITED STATES OF AMERICA Co ELECTRONIC ROLL CALL OF CITY COUNCIL Do ADOPTION OF ITEMS FOR THE FORMAL AGENDA E. MINUTES 1. Approval of City Council Minutesz a. INFORMAL & FORMAL SESSIONS: November 17, 1986 F. PUBLIC HEARING PLANNING a. Application of Ail Saints Episcopal Church for a Conditional Use Permit for a church (new sanctuary and renovations) located at the northwest intersection of 1968 Woodside Lane and Adam Keeling Road containing five acres (Lynnhaven Borough). Recommendation: APPROVAL DEFERRED BY CITY COUNCIL November 10, 1986 be Application of Paul J. and Margaret Vomvouras for a variance to Section 4.4(b) of the Subdivision Ordinance which requires lot dimensions to conform to the Comprehensive Zoning Ordinance on property located at 325 Overland Road (Kempsville Borough). Recommendation: APPROVAL Ce Applications of Amurcon Corporation of Virginia for changes of zoning (Kempsville Borough). From A-1 Apartment District to A-2 Apartment District located on the west side of Rosemont Road containing 1.95 acres Recommendation: WITHDRAWAL From R-8 Residential District to A-2 Apartment District located on the east side of Chimney Hill Parkway containing 5.30 acres Recommendation: APPROVAL, subject to modification to A-1 de Application of Mary Spady for a change of zoning from R-5 Residential District to O-1 Office District on Lots 1, 10 and the western 20 feet of Lot 2, Section D-l, Bellamy Manor located at 844 Kempsville Road containing 32,975 square feet (Kempsville Borough). Recommendation: DENIAL Applications of ~e Bt.eden Companies for changes of zoging located at 350.29 feet on the west side of South Military Highway, 1100 feet north of Indian River Road (Kempsville Borough). From B-1 Business-Residential District to A-3 Apartment District containing 12.963 acres AND, From B-2 Community-Business District to A-3 Apartment District containing 5 acres Recommendation: DENIAL Application of R. Larry Turner for a change of zoning from R-6 Residential District to B-2 Community Business District located at 5213 on the south side of Indian River Road containing 14.8 acres (Kempsville Borough). Recommendation: DENIAL RESOLUTIONS 1. Resolutions Adopting 1987 Legislative Package a. CHARTER CHANGES b. PRIORITY ISSUES c. OTHER ISSUES d. AGRICULTURAL ISSUES 2. Resolutions for Sand Replenishment and Beach Nourishment at Sandbridge in the City of Virginia Beach 3. Resolution requesting acceptance of property in Linkhorn Park as a 'Deed of Gift' to Robert S. and June M. Lindsley. H. ORDINANCES 1. Ordinance to prohibit the approval of plats and site plans for developments utilizing reduced required side yards. Ordinance to authorize a temporary encroachment into a portion of City property known as Lake Joyce to Dallas V. Norman, Sr. and Charlotte G. Norman, their heirs, assigns and successors in title. DEFERRED BY CITY COUNCIL October 6 and November 10, 1986 I. CONSENT AGENDA Ail matters listed under the Consent Agenda are considered in the ordinary course of business by City Council and will be enacted by one motion in the form listed. If an item is removed from the Consent Agenda, it will be discussed and voted upon separately. 1. RESOLUTIONS IN RECOGNITION RETIRING COUNCIL APPOINTED COMMISSIONERS a. J. Henry McCoy b. Curtis Payne Ordinance authorizing and directing the City Manager to execute an agreement between the City of Virginia Beach and the Virginia Department of Highways and Transportation regarding Great Neck Road- Phase II (CIP 2-410). Ordinance to AMEND and REORDAIN Section 3-5 of the Code of the City of Virginia Beach,Virginia, pertaining to placing advertising matter On parked vehicles. Ordinance appointing viewers in the petition of Pacific Associates Corp. for the closure of the main portion of an alley between 4th and 5th Streets 5. LOW BID Inner-View, Ltd in the amount of $398,674.10 for I/I Beach Borough Phase IV Rehabilitation (CIP 6-815). 6. BINGO/RAFFLE PERMITS St. Nicholas Greek Orthodox Church Virginia Beach Junior High School Trantwood Elementary School Cape Henry's Woman's Club Operation Smile Raffle Raffle Raffle Raffle Bingo Authorization of the City of Virginia Beach to John T. Atkinson, City Treasurer, to charge-off uncollectable debts in the amount of $272,925.07. 8. Ordinance authorizing license refunds in the amount of $1,253.76. J. UNFINISHED BUSINESS K. NEW BUSINESS L. ADJOURNMENT VIRGINIA BEACH CITY COUNCIL ALL SESSIONS SCHEDULRD FOR MONDAY, DECEMBER 1, 1986 HAVE BEEN RESCHEDU?.Rn THURSDAYw DECEMBER 4, 1986 MINUTES VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia November 24, 1986 The INFORMAL SESSION of the VIRGINIA BEACH CIT~ COUNCIL was called to order by Mayor Robert G. Jones in the Conference Room, City Hall Building, on Monday, November 24, 1986 at 10:08 A.M. Council Members Present: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, John D. Moss, Nancy K. Parker and John L. Perry Council Members Absent: Vice Mayor Meyera E. 0berndorf Councilwoman Reba S. McClanan ENTERED: ENTERED: 10:20 A.M. 10:30 A.M. - 2- ITEM # 26397 Mayor Jones entertained a motion to permit City Council to conduct its EXECUTIVE SESSION pursuant to Section 2.1-344, Code of Virginia, as amended, for the following purposes: 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 Fentress, seconded by Councilman Moss, City Council voted to proceed into EXECUTIVE SESSION. Voting: 9-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, John D. Moss, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent: Reba S. McClanan and Vice Mayor Meyera E. 0berndorf November 24, 1986 -3- M ATTERS BY MAYOR ITEM # 26398 The INFORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL was RECONVENED by Mayor Robert G. Jones in the Conference Room, City Hall Building, on Monday, November 24, 1986 at 12:45 A.M. Mayor Jones extended an invitation to Members of City Council on behalf of The Honorable Owen B. Pickett, Congressman-Elect, to attend a BREAKFAST. The BREAKFAST is SCHEDULED for Wednesday, November 26, 1986, at 8:00 A.M. in THE PAVILION TOWERS. ITEM # 26399 Mayor Jones advised he will DECLARE a HOLIDAY for City Employees on December 26, 1986, and announce same during the FORMAL SESSION. November 24, 1986 -4- CITY COUNCIL CONCERNS ITEM # 26400 Councilman Moss referenced the School Board Vehicle Maintenance Facility and expressed displeasure with the position taken by the School Board regarding a Joint Study of the Maintenance Facility by the City Staff and the School Board. The City Manger shall review the aforementioned report and make recommendations to City Council. ITEM # 26401 Councilwoman Henley referenced the TIDEWATER TRANSPORTATION DISTRICT COMMISSION and their involvement with the handicapped. Councilwoman Henley presently serves on a TRT Committee related to same. Information concerning this involvement is available for City Council's perusal. ITEM # 26402 Councilwoman Henley made available for City Council's perusal five copies of a Site Plan for PARKER OIL COMPANY. PARKER OIL COMPANY applied for a Conditional Use Permit for an automobile service station in conjunction with a convenience store on property located at the southwest corner of Princess Anne Road and Indian River Road in the PUNG0 BOROUGH on November 17, 1986. City Council DEFERRED this application until the City Council Meeting of December 8, 1986. ITEM # 26403 Counclwoman Henley referenced postcards from the "SAVE-O-SAVE OUR OCEANFRONT": group. Approximately 800 of these cards will be sent to City Council petitioning Council's support. Councilwoman Henley requested these cards not be photocopied individual Council Member, rather a list be made and this list and readily available to City Council. for each cards made ITEM # 26404 Councilwoman Parker referenced Councilwoman McClanan's Letter of November 20, 1986, concerning Planning Commissioner Judith Dockey who had contacted the HMP (Henley, McClanan and Parker) Committee relative providing indication of City Council's feelings concerning the BILLBOARD ORDINANCES. Councilwoman McClanan advised three choices to the Planning Commission: either leave the Ordinance as is, initiate a total BAN or add additional roads under specific conditions to the present BILLBOARD ORDINANCES. ITEM # 26405 Councilwoman Parker requested prior to the selection of the various Members of the Boards and Commissions, a PUBLIC NOTICE be placed in the BEACON advising at least two months in advance of City Council's pending appointments for that particular Board or Commission. ITEM # 26406 Councilman Perry referenced books available by the State concerning selection of SCHOOL BOARD M~MBERS. ITEM # 26407 Councilman Balko referenced letter from the City Manager concerning the Arts and Humanities and the Great Neck Recreation (Community) Center. November 24, 1986 -5- INFORMAL INTERVIEW SESSION SCHOOL BOARD APPLICANTS November 24, 1986 1:17 P.M. Mayor Robert G. Jones called the INFORMAL INTERVIEW SESSION of the VIRGINIA BEACH CITY SCHOOL BOARD APPLICANTS to order in the Council Chambers, City Hall Building, on Monday, November 24, 1986, at 1:17 P.M. Council Members Present: Albert W. Balko, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Absent: John A. Baum, Reba S. McClanan and John D. Moss* *Councilman Moss was present in the Building; however, due to a possible CONFLICT OF INTEREST was unable to participate in the SCHOOL BOARD INTERVIEWS. November 24, 1986 -6- INFORMAL INTERVIEW SESSION SCHOOL BOARD APPLICANTS November 24, 1986 1:17 P.M ITEM # 26408 The following SCHOOL BOARD APPLICANTS were interviewed by City Council Time Name Borough 1:25 - 1:42 1:42 - 1:55 1:55 - 2:15 2:15 - 2:31 2:31 - 2:50 2:50 - 3:00 3:00 - 3:15 3:15 - 3:30 3:30 - 3:40 3:40 - 3:55 Dr. Joshua Edwards Robert W. Hall Clelia Freeman Dr. Richard Bartley Ernestine Middleton Alan W. Fulmer Linda Williams Dr. Boyd Jones Gerald Gibbs Dr. Gordon Buhrer Princess Anne Princess Anne Bayside Virginia Beach Bayside Princess Anne Bayside Bayside Virginia Beach Bayside The City Clerk advised Walter Mather because of conflicting appointments was unable to attend the Interview Session, but will attend the Public Hearing on December 8, 1986. Mr. Mather is in the Lynnnhaven Borough. Carolyn Rogers (Princess Anne Borough) is in the Hospital after undergoing Major surgery. Mrs. Rogers would like to be considered for the School Board, although she will not be available for work until her six weeks recuperation period. The City Clerk also referenced a letter from Dan H. Brockwell requesting his name be removed from consideration for the School Board appointments. November 24, 1986 -7- Item II-A.1 CITY COUNCIL RECESS ITEM # 26409 Upon motion by Councilman Fentress, seconded by Councilman Balko, City Council RECESSED the INFORMAL SESSION until 4:45 P.M., after which to RECONVENE for CITY COUNCIL CONCERNS and the CITY MANAGER'S BRIEFINGS. Voting: 8-0 * Council Members Voting Aye: Albert W. Balko, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Vice Mayor Meyera E. 0berndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent: John A. Baum, Reba S. McClanan and John D. Moss *Verbal Vote November 24, 1986 -8- INFORMAL SESSION VIRGINIA BEACH CITY COUNCIL November 24, 1986 4:45 P.M. The INFORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL was RECONVENED by Mayor Robert G. Jones in the Conference Room, City Hall Building, on Monday, November 24, 1986 at 4:45 P.M. Council Members Present: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. 0berndorf, Nancy K. Parker and John L. Perry Council Members Absent: None November 24, 1986 -10- CITY COUNCIL CONCERNS ITEM # 26412 Councilman Heischober referenced a letter to Councilman Balko from Nelson Tibbitt, a partner in the Bingo Palace property, relative BINGO Permit to Operation Smile. (See Item VI-I.6 of the CONSENT AGENDA). This particular letter wil be discussed in EXECUTIVE SESSION and this item will be pulled from the Consent Agenda for separate discussion. November 24, 1986 -11 - CITY MANAGER'S INFORMAL BRIEFING 1987 LEGISLATIVE PACKAGE November 24, 1986 ITEM # 26413 Robert Matthias, Intergovernmental Relations Coordinator, presented a revised INDEX of the City's 1987 LEGISLATIVE PROPOSALS: CHARTER CHANGES 1. Change in the General Obligation Bond Limit 2. Maintenance of Private Property 3. Direct Election of Mayor 4. Tree Protection PRIORITY ISSUES 5. State Assumption of Juvenile Court Service Unit 6. Funding of Education 7. Municipal Powers Expansion 8. Indigent Health Care 9. Virginia Beach Arts Center 10. Offsite Improvements by Developers OTHER ISSUES (Listed Alphabetically) 11. Ban on Phosphate Detergents 12. Business License Tax on Mini Warehouses 13. Fire Investigation Warrant 14. Hauling of Materials on Highways 15. Improper Driving 16. Increase Appropriation for Pendleton Child Center 17. Increse Funding for Adminstration and Maintenance of Community Services Board Programs 18. Licensing of Mopeds 19. Mining and Milling of Uranium 20. Privacy Protection 21. Proration of Personal Property Tax 22. Tax Exemption for Water Works Equipment 23. Tax Relief for the Elderly and Handicapped 24. Unclaimed Deposits AGRICULTURAL ISSUES 1. Grain Grade Standards 2. Farmers Wholesale Markets 3. State Registration for New Pesticides 4. Two-Year Agricultural Course 5. Staffing position in the Extension Service State Assumption of Juvenile Court Service Unit will be WITHDRAWN from the 1987 LEGISLATIVE PROPOSALS. The City Staff will provide a review of all State positions supplemented by the City. Councilman Fentress requested more accurate figures depicting the Net City Savings of Virginia Beach. Councilman Moss advised there were many more questions to be identified and answered in connection with same rather than just city "Savings". Councilman Fentress referenced Licensing of Mopeds. Councilman Fentress advised Mopeds operating on the highway were a part of the problem. Councilman Fentress still believed a driver's license should be part of the requirement to rent a moped. November 24, 1986 -12- CITY MANAGER'S INFORMAL BRIEFING TAX INCREASE IMPLEMENTATION SCHEDULE November 24, 1986 ITEM # 26414 The City Manger advised approval of the Referenda on November 4, 1986, directly related to an 8.7¢ increase in property taxes, effective July 1, 1987. To implement that change, the City Manager advised of the following SCHEDULE: November 26, 1986 - LEGAL NOTICE in THE SUN November 30, 1986 - PUBLIC HEARING NOTICE in THE BEACON December 4, 1986 - PUBLIC HEARING AND FIRST READING December 8, 1986 - SECOND READING. Councilman Heischober requested the City Manager and his staff be made available to him to provide information to facilitate the development of his plan relative a possible decrease in the aforementioned tax. November 24, 1986 -13- CITY MANAGER' S INFORMAL BRIEFING SANDBRIDGE RESOLUTIONS November 24, 1986 ITEM # 26415 Councilwoman Henley inquired as to the costs of the legal steps necessary in order to develop a public sand replenishment project in Sandbridge Beach. Assistant City Attorney David Hay advised the intial outside legal costs to determine ownership of the Beach and approximately 90 to 100 lots would be $40,000. This would entail a time frame of four to five months. Councilwoman Parker advised she and Councilman Moss had expressed concern relative the verbage contained therein. Councilwoman Parker distributed to City Council copies of the revised Resolutions. Donald Trueblood, Chief Engineer, advised Mark Smith, Executive Assistant to Secretary Watts, will co-ordinate and act upon all requests concerning the Baltimore Channel dredging. Robert Mathias, Legislative Liaison, advised once the 600,000 yards is put on the Fort Story stockpile, the 2.6 Million yards will be turned over to John Daniel, Secretary of Natural Resources, and his Department, who will be charged with disbursing this sand. November 24, 1986 -14- ITEM # 26416 Mayor Jones entertained a motion to permit City Council to conduct its ~CUTIVE SESSION pursuant to Section 2.1-344, Code of Virginia, as amended, for the following purposes: 1. PERSONNEL MATTERS: Discussion or consideration of employment, assignment, appointment, promotion, performance, demotion, salaries, disciplining or resignation of public officers, appointees or employees. PUBLICLY HELD PROPERTY: Discussion or consideration of the condition, acquisition or use of real property for public purpose, or of the disposition of publicly held property, or of plans for the future of an institution which could affect the value of property owned or desirable for ownership by such institution. 3. LEGAL MATTERS: Consultation with legal counsel or briefings by staff members, consultants or attorneys, pertaining to actual or potential litigation, or other legal matters within the jurisdiction of the public body. Upon motion by Councilman Moss, seconded by Councilman Perry, City Council voted to proceed into EXECUTIVE SESSION. Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent: None November 24, 1986 -15- Item V.A.1. C~ONIAL PRESENTATIONS PROCLAMATION ADD-ON ITEM # 26417 Mayor Robert G. Jones PROCLAIMED the Month of November as: HOPSICE MONTH HOSPICE care has been demonstated as a humanitarian way for terminally ill patients to approach the end of their lives in relative comfort with appropriate, confident and compassionate care in an environment of personal individuality and dignity. HOSPICE thorugh its volunteers at no cost to any family has made it possible for 218 patients to receive care in their respective Virginia Beach homes. Jeanne Riddle, Executive Director, ACCEPTED this PROCLAMATION. November 24, 1986 PROCLAMATION WHEREAS: ZONTA is an Indian word from the Sioux tribe meaning "honesty and trustworthy" reflecting community service. Zonta International is the worldwide classified service organization of executive women in business and the professions. Through community and international service projects, Zonta members enrich their personal lives as they pool their talents to make the world a better place. Membership is by invitation and limited to professional classifications. Zonta International is well-represented in the United Nations and one of the local projects is to sponsor a United Nations student annually. Zonta is chartered in twenty-six different countries. The Zonta Club of Virginia Beach - Chesapeake was chartered as Club Number 1103 on February 11, 1985. Their first two-year community project was completed in seven months and realized more than $10,000 in labor and materials for a local Human Resources agency. NOW, THEREFORE BE IT RESOLVED: In behalf of the citizens of Virginia Beach, by the powers vested in me as the Mayor, I, Robert G. Jones, declare the month of November, Nineteen Hundred and Eighty-Six as: Z 0 N T A MONTH Given under my hand and seal, this Twenty-Fourth Day of November Nineteen Hundred and Eight-Six Mayor -17- Item V. B.1 CEREMEONIAL PRESENTATIONS LIFESAVER AWARDS ITEM # 26419 LIFESAVER AWARDS were presented to: Robert Hechinger Lawrence Fox Hazel Thomas Dorothy H. Craig, Committee Chairman, assisted in presenting the LIFESAVING AWARDS Robert Hechinger saved the life of Jeana Brown on September 27, 1986. Brown was involved in a car crash on Route 44. Miss Hazel Thomas, a Trantwood Elementary School Kindergarten Aide saved the life of a young student by administering the HeimlichManeuver. Lawrence B. Fox, a Bellman at the Virginia Beach Resort and Conference Center, administered cardio-pulmonary resuscitation (CPR) on 2 1/2-year-old Mary Griffin. November 24, 1986 on September 27, 19g6, about 11,00 P.t',~., Robert, his wife, and a friend were driving west in the left-hand lane on route 44 from Virginia Beach. The traffic slowed down, then came to a stop. In his rearview mirror, Robert saw a car in the right-hand lane crash into another car, causing the front car's gas tank to explode. ^ girl jumped out from behind the steering wheel, screamingi the car was engulfed ira flames. Seeing a passenger in the car, Robert jumped on the hood of the car and LPied to break the w~.ndshield. Having no success, he went to the passenger side of the car, go~ the door open, and lilmted the girl out. She was on fire and appeared Zo be in shock~ he placed her on the ground away from the burning cars. Roburt did not realize he was burned until the rescus squad attendant was putting cream on his b].iste~'ed face and hands. ,obe~'[ endan6ered his own life while saving the life of another. -18- Item V. C. 1 CERemONIAL PRESENTATIONS RESOLUTIONS IN RECOGNITION ITEM # 26420 Mayor Robert G. Jones PRESENTED RESOLUTIONS IN RECOGNITION to: UNITED STATES WHEELCHAIR TABLE TENNIS CHAMPIONS Gary Blanks Don Davidson Skip Wilkins The United States Wheelchair Table Tennis Tournament will be held in Brisbane, Australia, January 1 - 12, 1987 Mayor Jones recognized Kenneth D. Nelson, Member of the Mayor's Committee on the Handicapped, who was instrumental in organizing this PRESENTATION. November 24, 1986 RESOLUTION IN R~COGNITION WHEREAS: Sports have always had a place in the American way of life. Competition has grown as individual players master their own skills, physical strength and stamina to compete in local, state, national and international events; WHEREAS: The United States Wheelchair Table Tennis Tournament will be held in Brisbane, Australia, January 1 - 12, 1987, three Virginia Beach champions have been selected as participating athletes: Gary Blanks, Don Davidson and "Skip" Wilkins. These Virginia Beach Sun Wheelers represent one-fourth of the total team of twelve. This accomplishment brings great distinction to the City, the disabled community, Sun Wheelers, Incorporated and the Therapeutic Department of Virginia Beach Parks and Recreation; and, WHEREAS~ GARY BLANKS, age 27, employed by the Naval Supply Center, is a graduate of Kellam High School, received the AAS Degree in Data Processing as well as Business Management from Tidewater Community College in 1980; and, was named "Handicapped Employee of the Year" in 1984. Gary has more than eighty (80) medals in track and field. He has qualified for national participation in each of the seven years he participated and was WORLD CHAMPION in Austria, 1985. NOW, THEREFORE, BE IT RESOLVED: Council recognizes That the Virginia Beach City GARY BLANKS for his athletic achievement and pays tribute to him for his role in bringing national and international recognition to the City and more particularly the Handicapped Community of Virginia Beach. Given under my hand and seal, this Twenty-Fourth day of November Nineteen Hundred and Eighty-Six Mayor RESOLUTION IN RECOGNITION WHEREAS: Sports have always had a place in the American way of life. Competition has grown as individual players master their own skills, physical strength and stamina to compete in local, state, national and international events; WHEREAS: The United States Wheelchair Table Tennis Tournament will be held in Brisbane, Australia, January 1 - 12, 1987, three Virginia Beach champions have been selected as participating athletes: Gary Blanks, Don Davidson and "Skip" Wilkins. These Virginia Beach Sun Wheelers represent one-fourth of the total team of twelve. This accomplishment brings great distinction to the City, the disabled community, Sun Wheelers, Incorporated and the Therapeutic Department of Virginia Beach Parks and Recreation; and, WHEREAS= DON DAVIDSON started Wheelchair Sports in 1973 at the Mid-Atlantic Wheelchair Games. He has competed each of the twelve years since, winning over two hundred (200) medals, trophies and plaques in local and national competition. For several years Don has ranked in the Top Ten Table Tennis. He was selected in 1982 for the United States Table Tennis Team and again in 1986. He has participated in Sports Affiliations, Sun Wheelers, Mid-Atlantic Wheelchair Association, National Wheelchair Basketball and Tennis Associations and National Wheelchair Table Tennis Sports. NOW, THEREFORE, BE IT RESOLVED: Council recognizes That the Virginia Beach City DON DAY I D S ON for his athletic achievement and pays tribute to him for his role in bringing national and international recognition to the City and more particularly the Handicapped Community of Virginia Beach. Given under my hand and seal, this Twenty-Fourth day of November Nineteen Hundred and Eighty-Six Mayor RESOLUTION IN RECOGNITION WHEREAS: Sports have always had a place in the American way of life. Competition has grown as individual players master their own skills, physical strength and stamina to compete in local, state, national and international events; WHEREAS: The United States Wheelchair Table Tennis Tournament will be held in Brisbane, Australia, January 1 - 12, 1987, three Virginia Beach champions have been selected as participating athletes: Gary Blanks, Don Davidson and "Skip" Wilkins. These Virginia Beach Sun Wheelers represent one-fourth of the total team of twelve. This accomplishment brings great distinction to the City, the disabled community, Sun Wheelers, Incorporated and the Therapeutic Department of Virginia Beach Parks and Recreation; and, WHEREAS: SKIP WILKINS' gift in encouragement! Thousands of people, from the Nation's Youth to Fortune 500 Presidents, have benefited from this gift this year. Faith and determination of Skip and his family have conquered the crippling effects of a 1967 waterskiing accident which left Skip a quadriplegic only three days after his high school graduation, ending a promising athletic career. He began competing in wheelchair sports in 1974. Today he is recognized as the "best in the world". He has been selected eight (8) times to the United States Wheelchair Team competition in International, Pan American and Paralympic meets. He is Number One in United States Table Tennis. Skip is the recipient of the Jack Gerhardt Award, was named Athlete of the Week on NBC's Today Show. He was named FIRST CITIZEN of Virginia Beach in 1985. Skip's accomplishments-- college, marriage, employment and international athletic competitions- -all from the seat of a wheelchair--have provided the foundation of his genuine purpose and evidence his ability to share with others how to triumph, regardless of circumstances or stumbling blocks NOW, THEREFORE, BE IT RESOLVED: Council recognizes That the Virginia Beach City SKIP WI LKINS for his athletic achievement and pays tribute to him for his role in bringing national and international recognition to the City and more particularly the Handicapped Community of Virginia Beach. Given under my hand and seal, this Twenty-Fourth day of November Nineteen Hundred and Eighty-Six Mayor Item V-C. 2 CEREMONIAL PRESENTATIONS RESOLUTIONS IN RECOGNITION ITEM # 26421 Mayor Robert G. Jones PRESENTED RESOLUTIONS IN RECOGNITION to: J. Henry McCoy Curtis Payne Dr. J. Henry McCoy, Jr., former Mayor (1980-1982), served as the Virginia Beach Representative on the Tidewater Transportation District Commission from September 30, 1974 until October 6, 1986. J. Curtis Payne, former Mayor (1974-1976), served as the Virginia Beach Representative on the Tidewater Transportation District Commission from February 6, 1978 until October 6, 1986. These Resolutions recognized their dedication, commitment and unselfish service of these two former Mayors of the City. November 24, 1986 - 20 - Item V-C. 2 CEREMONIAL PRESENTATIONS RESOLUTIONS IN RECOGNITION ITEM # 26422 Mayor Robert G. Jones presentated a RESOLUTION OF RECOGNITION, CONGRATULATIONS, COMMENDATION AND APPRECIATION, a CERTIFICATE OF RECOGNITION by virtue of the Authority vested by the Constitution in the Governor of the Commonwealth of Virginia, and an award statute to: VIRGINIA BEACH EMERGENCY MEDICAL SERVICES AGENCY These RESOLUTIONS recognized the CITY OF VIRGINIA BEACH and its eleven volunteer rescue squads as the OUTSTANDING EMERGENCY MEDICAL SERVICES AGENCY for 1986. Bruce Edwards, Direcotor of Emergency Medical Services, and Virginia Gilpin, President of the Council of Virginia Beach Rescue Squads, ACCEPTED these RESOLUTIONS. November 24, 1986 RESOLUTION OF RECOGNITION, CONGRATULATIONS, COMMENDATION AND APPRECIATION TO THE DIVISION OF EMERGENCY MEDICAL SERVICES WHEREAS, the City of in the services rendered by volunteer rescue squads, and Virginia Beach takes great pride volunteers through the eleven WHEREAS, the Division of Emergency Medical Services has been responsible for providing development and training of volunteer system, and leadership in the planning, a comprehensive, coordinated WHEREAS, the Governor of Virginia has recognized the City of Virginia Beach agency as being the Outstanding Emergency Medical Services Agency in the Commonwealth of Virginia for 1986, and WHEREAS, the City Council of the City of Virginia Beach has long been indebted to the rescue squads and the Division of Emergency Medical Services for the valuable, dedicated and exceptional service rendered by the rescue squads and this agency, NOW, THEREFORE, BE IT CITY OF VIRGINIA BEACH that it eleven volunteer rescue squads RESOLVED BY THE COUNCIL OF THE does hereby congratulate the and the Division of Emergency Medical Services for its recognition as the Outstanding Emergency Medical Services Agency of 1986 and does add its appreciation and commendation for the exemplary the. agency every year to the Beach. contributions by the squads and citizens of the City of Virginia Adopted by the Council of the City of Virginia Beach, Virginia on the 2&%h day of November 1986. - 21 - FORMAL SESSION VIRGINIA BEACH CITY COUNCIL November 24, 1986 7:10 P.M. Mayor Robert G. Jones called to order the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the Council Chambers, City Hall Building, on Monday, November 24, 1986, at 7:10 P.M. Council Members Present: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. 0berndorf, Nancy K. Parker and John L. Perry Council Members Absent: None INVOCATION: Reverend L. W. Chase PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA November 24, 1986 - 22 - APPROVAL OF ITEMS FOR THE FORMAL AGENDA ITEM # 26423 BY CONSENSUS, with the exception of Councilwoman McClanan's VERBAL NAY Vote, City Council ADOPTED the ITEMS FOR THE FORMAL AGENDA. Councilwoman McClanan requested at each City Council Meeting, her vote on this particular item be recorded as a VERBAL NAY. Item VI-D.1 ITEM # 26424 The City Clerk referenced Application of R. Larry Turner for a change of zoning from R-6 Residential District to B-2 Community Business District located on the south side of Indian River Road and East of Kempsville Road containing 14.8 acres (Kempsville Borough). (See Item VI-F.f. of the PLANNING AGENDA) This applicant has requested DEFERRAL. This item will be pulled forward on the AGENDA. Item VI-D.2 ITEM # 26425 The City Clerk referenced the Resolutions for Sand Replenishment and Beach Nourishment at Sandbridge in the City of Virginia Beach (See Item II-G.2 fo RESOLUTIONS). This item will be MOVED FORWARD on the AGENDA prior to the PLANNING ITEMS. Item VI-D.3 ITEM #26426 Councilman Fentress referenced an Ordinance appointing viewers in the petition of Pacific Associates Corp. for the closure of the main portion of an alley between 4th and 5th Streets (See Item VI-I.4 of the CONSENT AGENDA). This item will be pulled for a separate vote. Item VI-D.4 ITEM # 26427 Councilwoman McClanan referenced BINGO/RAFFLE (See Item VI-6 of the CONSENT AGENDA. This item will be pulled for a separate vote. PERMITS (Operation Smile) Item VI-D.5 ITEM # 26428 Councilwoman McClanan referenced a RECONSIDERATION of an Ordinance upon application of OLIVE W. MALBON for a Change of Zoning District Classification from AG-2 to I-2 and from R-3 to I-2 (Princesss Anne Borough). City Council ALLOWED WITHDRAWAL on November 3, 1986. The applicant wishes to reduce the rezoning request to I-1. This item will be ADDED under NEW BUSINESS. November 24, 1986 - 23 - Item VI-E.1 MINUTES ITEM # 26429 Upon motion by Councilman Fentress, seconded by Councilman Balko, City Council APPROVED the MINUTES of the INFORMAL AND FORMAL SESSIONS of November 17, 1986. Councilwoman Henley referenced the MINUTES of November 10, 1986, Item #26308, SAND REPLENISHMENT. Councilwoman Henley requested line one in the second paragraph be eliminated: "Sand will be made available on the basis of the interested groups expressing their wishes to the City regarding the Baltimore Channel." Voting: 1t-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. 0berndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent: None November 2~, 1986 - 24 - Item VI-F.la./f. PUBLIC HEARING PLANNING ITEM # 26430 Mayor Jones DECLARED a PUBLIC HEARING on: PLANNING ITEMS a. ALL SAINTS EPISCOPAL CHURCH b. PAUL J. AND MARGARET VOMVOURAS c. AMURCON CORPORATION OF VIRGINIA d. MARY SPADY e. THE BREEDEN COMPANIES f. R. LARRY TURNER CONDITIONAL USE PERMIT VARIANCE CHANGES OF ZONING CHANGE OF ZONING CHANGES OF ZONING CHANGE OF ZONING November 24, 1986 - 25 - Item VI-F.1 .a. PUBLIC HEARING PLANNING ITEM # 26431 Attorney Wallace B. Smith, represented the applicant and advised a solution has been reached and the OPPOSITION has been WITHDRAWN by Mrs. Harris, Couch and Parker Reverend Stanley Sawyer, Pastor of Ail Saints Episcopal Church, registered but did not speak Upon motion by Councilman Perry, seconded by Councilman Balko, City Council ADOPTED an Ordinance upon application of ALL SAINTS EPISCOPAL CHURCH for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF ALL SAINTS EPISCOPAL CHURCH FOR A CONDITIONAL USE PERMIT FOR A CHURCH (new sanctuary and renovations) R01186993 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Ail Saints Episcopal Church for the Conditional Use Permit for a church (new sactuary & renovations) on certain property located at the northwest intersection of Woodside Lane and Adam Keeling Road. Said parcel is located at 1968 Woodside Lane and contains 5 acres. Plats with more detailed information are available in the Department of Planning. LYNNHAVEN BOROUGH. Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent: None November 24, 1986 - 26 - Item VI-F.1 .b. PUBLIC HEARING PLANNING ITEM # 26432 Attorney Grover Wright represented the applicant and advised said application will create a total of two lots, each of which will be almost two acres in size. Tim McKeithan, of Kempsville Heights, registered in OPPOSITION, but requested only one other single-family dwelling shall be placed on the subdivided lot Upon motion by Councilman Moss, seconded by Vice Mayor 0berndorf,City Council APPROVED the application of PAUL J. AND MARGARET VOMVOURAS for a Variance to Section 4.4(b) of the Subdivision Ordinance. Appeal from Decisions of Administrative Officers in regard to certain elements of the Subdivision Ordinance, Subdivision for Paul J. and Margaret Vomvouras. Property is located at 325 Overland Road. Plats with more detailed information are available in the Department of Planning. KEMPSVILLE BOROUGH. The intent of the applicant is to create two (2) lots, one single-family dwelling is presently in existance and another single-family dwelling shall be constructed on the other lot. Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent: None November 24, 1986 - 27 - Item VI-F.1 .c. PUBLIC HEARING PLANNING ITEM # 26433 Attorney Robert Cromwell represented the applicant Upon motion by Councilman Moss, seconded by Councilwoman McClanan, City Council ALLOWED WITHDRAWAL of an Ordinance upon application of AMURCON CORPORATION OF VIRGINIA for a Change of Zoning Distict Classification from A-1 Apartment District to A-2 Apartment District located on the west side of Rosemeont Road containing 1.95 acres and DENIED a Change of Zoning District Clasification form R-8 Residential District to A-2 Apartment District located on the east side of Chimney Hill Parkway containing 5.30 acres: ORDINANCE UPON APPPLICATION OF AMURCON CORPORATION OF VIRGINIA FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM A-1 TO A-2 Ordinance upon application of Amurcon Corporation of Virginia for a Change of Zoning District Classification from A-1 Apartment District to A-2 Apartment District on certain property located on the west side of Rosemont Road, 800 feet more or less south of Holland Road. Said parcel contains 1.95 acres. Plats with more detailed information are available in the Department of Planning. KEMPSVILLE BORUGH. AND, ORDINANCE UPON APPLICATION OF AMURCON CORPORATION OF VIRGINIA FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM R-8 to A-2 Ordinance upon application of Amurcon Corporation of Virginia for a Change of Zoning District Classification from R-8 Residential District to A-2 Apartment District on certain property located on the east side of Chimney Hill Parkway, 700 feet south of Holland Road. Said parcel contains 5.30 acres. Plats with more detailed information are available in the Department of Planning. KEMPSVILLE BOROUGH. November 24, 1986 - 28 - Item IV-G.I.c PUBLIC HEARING PLANNING ITEM # 26433 (Continued) Voting: 10-1 Council Members Voting Aye: Albert W. Balko, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L, Perry Council Members Voting Nay: John A. Baum Council Members Absent: None November 24, 1986 - 29 - Item VI-F.1 .d. PUBLIC HEARING PLANNING ITEM # 26434 Mary Spady, the applicant, represented herself and requested WITHDRAWAL. (Letter requesting same is hereby made a part of the record). Michael G. Ash, resident of Bellamy Manor Drive, spoke in OPPOSITION, Upon motion by Councilman Moss, seconded by Vice Mayor Oberndorf, City Council DENIED an Ordinance upon application of MARY SPADY for a Change of Zoning: ORDINANCE UPON APPLICATION OF MARY SPADY FOR A CHANGE OF ZONING FROM R-5 TO 0-1 Ordinance upon application of Mary Spady for a Change of Zoning District Classification from R-5 Residential District to 0-1 Office District on Lots 1, 10 and the western 20 feet of Lot 2, Section D- 1, Bellamy Manor. Said parcel is located at 844 Kempsville Road and contains 32,975 square feet. KEMPSVILLE BOROUGH. Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent: None November 24, 1986 - 30 - Item VI-F.1 .e. PUBLIO HEARING PLANNING ITEM # 26435 Attorney Robert Cromwell represented the applicant Upon motion by Councilman Moss, seconded by Vice Mayor Oberndorf, City Council REFERRED BACK TO the PLANNING COMMISSION MEETING of December 9, 1986, to be EXPEDITED to the City Council Meeting, Ordinances upon application of THE BREEDEN COMPANIES to be MODIFIED to A-2 Apartment District, for Changes of Zoning: ORDINANCE UPON APPICATION OF THE BREEDEN COMPANIES FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM B-1 TO A-3 Ordinance upon application of The Breeden Companies for a Change of Zoning District Classification from B-1 Community-Business District to A-3 Apartment District on certian property located on the west side of South Military Highway, 1100 feet north of Indian River Road. Said parcel contins 5 acres. Plats with more detailed information are available in the Department of Planning. KEMSPVILLE BOROUGH. AND, ORDINANCE UPON APPLICATION OF THE BREEDEN COMPANIES FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM B-1 to A-3 Ordinance upon application of the Breeden Companies for a Change of Zoning District Classification from B-1 Business-Residential District to A-3 Apartment District on certain property located 350.29 feet west of South Military Highway, 1100 feet north of Indian River Road. Said parcel contains 12.963 acres. Plats with more detailed information are available in the Department of Planning. KEMPSVILLE BOROUGH. Voting: 11-0 Couuncil Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. 0berndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent: None November 24, 1986 - 31 - Item VI-F.I.f PUBLIC ~RING PLANNING Attorney V. DEFERRAL. ITEM # 26436 Thomas Forehand, Jr., represented the applicant and requested Upon motion by Councilman Moss, seconded by Vice Mayor Oberndorf, City Council, DEFERRED until the City Council Meeting of December 22, 1986, an Ordinance upon application of R. LARRY TURNER for a Change of Zoning: ORDINANCE UPON APPLICATION OF R. LARRY TURNER FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM R-6 to B-2 Ordinance upon application of R. Larry Turner for a Change of Zoning District Classification from R-6 Residential District to B-2 Community Business District on the south side of Indian River Road, 800 feet more or less east of Kempsville Road. Said parcel is located at 5213 Indian River Road and contains 14.8 acres. Plats with more detailed information are available in the Department of Planning. KEMPSVILLE BOROUGH. Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, ~ayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. 0berndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent: None This item was MOVED FORWARD on the AGENDA to the first item under PLANNING. November 24, 1986 - 32 - Item VI-G.1 .a.b.c.d. RESOLUTIONS ITEM # 26437 Upon motion by Councilwoman Parker, seconded by Vice Mayor Oberndorf, City Council ADOPTED: Resolutions Adopting 1987 Legislative Package a. CHARTER CHANGES * b. PRIORITY ISSUES** c. OTHER ISSUES d. AGRICULTURAL ISSUES (*With the exception of those items requiring a PUBLIC HEARING and advertised for December 4, 1986) **State Assumption of Juvenile Court Service Unit shall be DELETED from the PRIORITY ISSUES. Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf, John L. Perry and Nancy K~ Parker Council Members Voting Nay: None Council Members Absent: None November 24, 1986 RESOLUTION WHEREAS, the Council of the City of Virginia Beach, Virginia, has reviewed the presentation concerning certain legislative proposals; and WHEREAS, after due consideration, the Council is of the opinion that such proposals would be beneficial to the citizens of the City. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the document attached and entitled "CITY OF VIRGINIA BEACH 1987 LEGISLATIVE PROPOSALS" presented for consideration to the 1987 Virginia General Assembly, except charter changes which are to receive a public hearing on December 4, 1986, is hereby endorsed by the Council as the City's official legislative requests and recommendations for the 1987 Session. The City Manager is hereby directed to forward a copy of this resolution with the proposals to each member of the General Assembly representing the City of Virginia Beach, Virginia. Adopted the 24 day of November , 1986 1987 LEGISLATIVE PROPOSALS OF. OUR Presented For Consideration By The Virginia General Assembly PROPOSED FOR ADOPTION ON NOVEMBER 24, 1986, WITH THE EXCEPTION OF CHARTER CHANGES WHICH ARE TO BE CONSIDERED AT A PUBLIC HEARING ON DECEbIBER 4, 1986 CITY OF VIRGINIA BEACH 1987 LEGISLATIVE PROPOSALS INDEX November 24, 1986 CHARTER CHANGES 1. Change in the General Obligation Bond Limit 2. Maintenance of Private Property 3. Direct Election of Mayor 4. Tree Protection PRIORITY ISSUES 5. 6. Funding of Education 7. Municipal Powers Expansion 8. Indigent Health Care 9. Virginia Beach Arts Center 10. Offsite Improvements by Developers OTHER ISSUES (Listed Alphabetically) 11. Ban on Phosphate Detergents 12. Business License Tax on Mini Warehouses 13. Fire Investigation Warrant 14. Hauling of Materials on Highways 15. Improper Driving 16. Increased Appropriation for Pendleton Child Center 17. Increased Funding for Administration and Maintenance of Community Services Board Programs 18. Licensing of Mopeds 19. Mining and Milling of Uranium 20. Privacy Protection 21. Proration of Personal Property Tax 22. Tax Exemption for Water Works Equipment 23. Tax Relief for the Elderly and Handicapped - Real and Personal Property 24. Unclaimed Deposits AGRICULTURAL ISSUES 1. Grain Grade Standards 2. Farmers Wholesale Markets 3. State Registration for New Pesticides 4. Two-Year Agricultural Course 5. Staffing Positions in the Extension Service 1. Change in the General Obligation Bond Limit In 1986 the General Assembly added Section 6.05:2 to the Charter of the City of Virginia Beach. This supplemental authority for issuance of bonds allowed the City to issue $8 million of General Obligation Bonds in a calendar year for road, highway or bridge purposes, provided that not less than twenty percent of the amount of bonds authorized under Section 6.05:1 also be designated for road, highway and bridge purposes. Recommendation: The General Assembly should amend the Charter of Virginia Beach to repeal Section 6.05:2. 2. Maintenance of Private Property Currently, localities have limited authority under Section 15.1-11 of the Code of Virginia to require owners of property to clean up that property when the property becomes overgrown with weeds, etc. Oftentimes, the owner is an absentee landlord and it is difficult to communicate with him to have the property cleaned up. Also, the present statute only allows for placing a lien on the property for the cost and the expenses of trash removal, etc., and, therefore, requires either sale of the property or a suit to enforce the lien in order to recoup the above mentioned costs and expenses. Recommendation: The General Assembly should amend the Charter of the City of Virginia Beach to subject the occupant of the property to any ordinance enacted to keep the property clean of trash and other health hazards, and, also, that the area between the property line and the paved portion of the street will be required to be maintained free of garbage, weeds and similar material, and that the locality will be allowed to sue the owner/occupant for costs and expenses for removal of trash and garbage. Also, request enabling legislation to allow Virginia Beach to make violation of the ordinance subject to a Class 4 misdemeanor. 3. Direct Election of Mayor Currently the mayor of Virginia Beach is chosen by majority vote of Council at the organizational meeting which is the first meeting of July in even-numbered years. The vice mayor is also elected by Council during the same meeting. In a referendum held during the General Election on November 4, 1986, a majority of the voters of the City of Virginia Beach voted in favor of the mayor being directly elected. Recommendation: The General Assembly should amend the Charter of the City of Virginia Beach to authorize direct election of mayor beginning on the election held on the first Tuesday of May 1988. 4. Tree Protection Ordinance Citizens in Virginia Beach are becoming increasingly aware of and concerned over the loss of trees and other green space through the development process. In order to address the problem, a Tree Ordinance Task Force was created in the Summer, 1985. This task force which consisted of city staff with assistance from the Tidewater Builders Association discovered du~ing the course of their investigation that tree pr~)tection is not as simple as many people believe. The widely held belief that developers, acting on their own, are indiscriminately destroying large stands of trees through clear cutting prior to the actual construction phases of site development is usually nothing more than the end result of a series of design and policy decisions involving both the public and private sector. For instance, it is essential in some cases to remove trees in order to provide other improvements of equal importance to the overall development of a site. It is also true in Virginia Beach that, due to our flat topography, large scale grading of lots to provide positive drainage is oftentimes necessary. This creation of positive drainage either requires the removal of trees or results in damage of trees or their root systems by the equipment used in the grading. Infrastructure requirements also create need to remove trees for the placement of utilities, streets and sidewalks. The City adopted, in 1985, an Erosion Sedimentation and Tree Protection Ordinance that is as strict as allowed under enabling legislation of the State Code. Although improvements in the implementation and administration of the ordinance can and will be improved, the City is prohibited from imposing more stringent regulations for plan approval or permit issuance than those specified in the Code of Virginia, Sections 21-89.6 and 21-89.7. Recommendation: The General Assembly should amend the Charter of Virginia Beach, Section 2.02 on Additional Powers, by broadening the powers and adding a subparagraph to allow the establishment by ordinance of reasonable regulations and standards to prohibit the unnecessary removal of trees. These reasonable standards and regulations would allow the removal of trees where absolutely required for engineering or other non-aesthetic purposes, but would also require reasonable replacement of those trees either on or off site of the area under development. It would also allow for the preservation of heritage or species trees. This charter change would not be without precedent, but could prove to be a model for other localities in Virginia who recognize the benefit of retaining as many of a locality's trees as possible while balancing the necessary needs of development. §. State Assumption of Juvenile Court Service Unit The Juvenile Court Service Unit operated in Virginia Beach is currently a "local" service unit. This means that the majority of the funding provided to the court service unit comes from the locality, with the locality retaining more control over the court service unit. If our court service unit were turned over to State control as has been done in numerous other localities, then the City would save a minimum of $82§,368 based on the 1986/87 budget. The City would continue to be required to provide funding for certain services at a cost of $403,692. In order to maintain the quality of services in the court service unit, it may be necessar~ for the City to supplement the salaries of court service unit employees because of the large disparities between the State pay scale and the City pay scale for workers of equa! responsibility. Recommendation: The General Assembly should provide sufficient funds for the second year of the biennium for transfer of the Juvenile Court Service Unit of the City of Virginia Beach to the State system. The State should also endeavor to provide sufficient funding to the Virginia Beach Juvenile Court Service Unit to maintain the same quantity and quality of services to the citizens of Virginia Beach. 6. Funding of Education The Constitution of Virginia states "The General Assembly shall provide for a system of free public elementary and secondary schools for all children of school age throughout the Commonwealth and shall seek to ensure that an educational program of high quality is established and continually maintained." To meet this requirement, the legislature has established the Standards of Quality which mandates the existence of educational programs throughout the state. Because the General Assembly is responsible for providing a system of free public education, it should also support financially those aspects of the educational program which it mandates by law. These mandates should be funded on the basis of realistic average costs and the state should bear a fair share of the cost It is the responsibility of the state to fund on a state-wide basis, t~e Basic Education Program of a student in the Commonwealth. Foremost consideration should be given to realistic funding of the Standards of Quality basic aid formula. The State Board of Education has recommended that the per pupil expenditure required by the Standards of Quality of FY 1987-88 be set at $2,400 which includes $146 for the transitional personnel component. This state aid would provide realistic funding for the per pupil cost of education. Recommendation: The General Assembly should raise the per pupil allocation for 1987-88 to that amount recommended by the State Board of Education which reflects the actual cost of the Standards of Quality. This funding should not be at the expense of the other aid to localities. 7. Municipal Powers Expansion The so-called "Dillon Rule" greatly restricts the power available to municipalities to run their own affairs in a manner that its citizens see fit. This strict construction of municipal powers greatly affects the day-to-day operation of Virginia's cities, counties and towns by reducing their effectiveness and efficiency. It also creates the need for special enabling legislation requests to the General Assembly for many routine matters in order for municipalities to enact their normal business. This problem was identified, among other times, in the 1969 Virginia Commission on Constitution Revision which identified this as one of the major problems confronting municipalities in their efforts to meet the needs of an expanding increasingly technological society. Recommendation: The General Assembly should reverse Dillon's Rule by consti- tutionally conferring on cities and charter counties all powers not denied them by the Constitution, their Charter or laws enacted by the General Assembly. 8. Indigent Health Care The problems of providing health care to indigent Virginia Beach residents are growing at an alarming rate. Some of the problems are shared with other cities in Virginia; some are unique to Virginia Beach. Some of the shared concerns are the state participation in Medicaid and state,local hospitalization. Although these funds are relatively equitably distributed and provide most basic medical care to indigent residents, the major problem with such care is that it covers only a small percentage of the below poverty population. For example, in Virginia Beach we have approximately 29,000 persons below poverty level, but less than 6,000 are covered by Medicaid, and only a few more through state/local hospitalization. Also, the state provides certain categorical medical care through its health department which provides prenatal, family planning, well baby and immunization services through local clinics in each health district. These services are funded by a combination of federal, state and local funds with additional services being provided with primarily local funding. The state health department services have a historical basis in terms of funding which creates inequities in rapidly growing areas. Virginia Beach is the lowest funded district of the state at $6.31 per resident compared to Norfolk which receives $23.21. Furthermore, general and comprehensive medical care for indigent persons has traditionally been provided through state medical education funds. These are given to the Medical College of Virginia (MCV) in Richmond and University of Virginia (UVA) Medical School. These schools, in their residency training programs, provide over $50 million annually for comprehensive indigent care. Hampton Roads is not included except through the small amount of funding for medical education provided Eastern Virginia Medical School -- approximately $5 million, and this is generally not available for the care of Virginia Beach residents. This obviously in no way meets the needs of Hampton Roads since this area has a greater number of indigents than either the Richmond or Charlottesville service areas. Some of the concerns unique to Virginia Beach are that our indigent residents are not able to obtain medical care except for serious trauma or complex conditions and emergencies at Norfolk General Hospital in order that it maintain its tertiary care status. Virginia Beach General Hospital does provide emergency care and obstetrical care but no general care. This is primarily free care and thus is passed on to paying patients. In essence, this means that many Virginia Beach and some other South Tidewater residents must travel to MCV or UVA Hospital for care or do without. This is obviously an inadequate health care system for the approximately 24,000 potential patients in Virginia Beach. One exception is the obstetrical delivery care program begun in 1986 with $100,000 in state funds and $200,000 in city funds. This program provides care for all low-income care maternity patients and is the only program that provides care on the par with those available in Richmond and Charlottesville. Recommendation: Because this is a complex growing problem, the General Assembly should attempt to ameliorate it through increased appropriations in the following areas: Continue the obstetrical delivery program begun in FY-86 and increase its appropriation to $200,000 which will be matched by the City with $100,000. Increase the funding available to indigent patients in Virginia Beach by providing a more equitable formula for distribution of funds statewide on a simple per capita basis for each city or area. A poverty index can be included. Increase the funding to the Eastern Virginia Medical School (EVMS) to more closely match the proportionate share of patients served by EVMS compared to UVA Medical School and the Medical College of Virginia. This must be conditioned on expanded indigent care to Virginia Beach citizens by EVMS. Provide temporary exemption from the Medicaid/SLH Statute as modified in H.B. 800 (carried over from the 1986 General Assembly) for the City of Virginia Beach and in its place authorize a block grant for indigent health care in an amount equal to or greater than the City's Medicaid/SLH allocation. The purpose in changing to a block grant would be to allow the City to obtain funds at the beginning of the fiscal year with which to contract in the private sector, through a bidding process, for the provision of indigent health care services. Advantages of this approach include: The block grant could be pooled with other state and local funds in order to maximize, coordinate and target all available dollars locally. 2. A bidding process for contractual services is the best way to restrain rising medical costs. e Contracts with HMO's or groups of private physicians would ensure that physicians are compensated for serving the indigent. The Joint Subcommittee on Indigent Health Care could evaluate the pilot effort in Virginia Beach and recommend changes in the Medicaid/SLH statute that would improve medical services to the indigent statewide. 9. Virginia Beach Arts Center The Virginia Beach Arts Center currently operates from a WWII-era building that is woefully inadequate to showcase the artistic and performing talent of Virginia Beach and the region. The City of Virginia Beach in cooperation with the Virginia Beach Arts Center is proposing to build an 80,000 square-foot facility adjacent to Pavilion in Virginia Beach. The City' is providing a parcel of land valued at $1,724,800 and has also approved a reserve for construction in the amount of $1,500,000 to match the State's contribution on a dollar-per- dollar basis. The City is also providing $238,000 in site improvements in conjunction with construction of the Arts Center. There are also substantial private contributions. The new Arts Center will be a mecca for the arts in Southeastern Virginia by providing galleries for the display of art and a theater for the performing arts. It will provide a showcase for the region's art and artists and also an exemplary art education program. Recommendation: The General Assembly should appropriate $1,500,000 to match the $1,500,000 in cash pledged by the City to the construction of the Virginia Beach Arts Center. Total city support will be $3,507,800. 10. Offsite Improvements by Developers The Code of Virginia, Section 15-466(j), provides for payment by a developer of his pro rata share of the costs of providing reasonable and necessary sewer and drainage facilities located outside the limits of his development which are necessitated by his development. However, no allowance is made for the provision to pay a pro rata share of offsite road improvements, school improvements, or other infrastructure improvements needed to support such development. Recommendation: The General Assembly should amend the Code of Virginia to require developers to provide a pro rata share of the costs of providing of f site road improvements, school improvements, recreational facilities, and other infrastructure improvements that are made necessary- by such development. 11. Ban on Phosphate Detergents Laundry detergents that contain phosphates contribute significant amounts of phosphorous to Virginia's rivers, lakes, streams and, in turn, the Chesapeake Bay. Adding phosphorous to the water increases the nutrient load of Virginia's rivers, lakes, streams and bays which, in turn, degrades the overall health of these bodies of water. Non- phosphate detergents are currently on the market that produce the same results as phosphate detergents. Indeed, nearly half of the households in the United States use phosphate-free detergents, and all liquid detergents are phosphate free and their increasing use is evidence that consumers are satisfied with non-phosphate detergents. Phosphates in detergent also lead to higher treatment costs by increasing the amount of chemicals required to remove phosphorous at a treatment plant and also increases the amount of sludge produced by a treatment plant. Recommendation: The General Assembly should amend the Code of Vi{ginia to ban the sale of phosphate detergents within the Commonwealth. This ban will improve the water quality of Virginia's rivers, bays and streams with no added cost to the consumer. 12. Business License Tax on Mini Warehouses Mini warehouses or mini storage is a growing business in Virginia Beach and the rest of the Commonwealth. These businesses have enjoyed the exemption of paying business license taxes since 1974. There are also businesses engaged in renting of space such as maximum storage facilities without sectionalized units that are taxable on their gross receipts derived from volume storage. These maximum storage facilities, however, do have to pay business license tax creating an inequity. There also seems to be a significant number of businesses that operate from rented space in mini warehouses that avoid paying business license taxes through the umbrella exemption that the mini warehouses enjoy. Recommendation: The General Assembly should amend the Code of Virginia to allow the taxation of mini warehouses or mini storage lockers under the business license taxation sections of the Code. 13. Fire Investigation Warrant Currently, Section 27-11 of the Virginia Code charges each local fire marshall with a duty to make "an investigation into the origin of calls of every fire occurring within the limits for which he was appointed." However, the Code makes no provision for him to obtain a warrant to enter the premises unless there is good cause to suspect arson. The U. S. Supreme Court has held inadmissible any evidence of arson discovered after warrantless entry of fire damaged premises when consent to enter is refused or cannot be obtained. Recommendation: It is proposed that a new code section be adopted providing for issuance of a fire investigation warrant to enable lawful entry by the fire marshall when known circumstances surrounding the origin or the cause of a fire or explosion do not justify a search warrant. 14. Hauling of Materials on Highways Trucks hauling sand, gravel and stone can be a danger for other motorists because of debris falling from the truck. It is not unusual for an automobile to be hit by this material even though Section 46.1- 303 of the State Code requires that a vehicle be constructed, maintained, and loaded so as to prevent its content from dropping, sifting, leaking or otherwise escaping therefrom. In order to help prevent this from occurring and reduce the danger to other motorists, vehicles hauling sand, gravel and stone should be covered to prevent their contents from escaping. Recommenda~on: The General Assembly should amend Section 46.1-303 of the Code of Virginia to require that any vehicles operated or moved on a highway in which sand, gravel, stone or debris is hauled, such material must be covered and confined within the vehicle. Vehicles hauling agricultural products should be exempt from this section. 15. Improper Driving The State Motor Vehicle Code currently allows reckless driving charges to be reduced to improper driving; however, there is no separate charge of improper driving. This produces circumstances such as when an officer encounters a driver whose operation of a vehicle is unsafe but not necessarily reckless. Charging an individual with improper driving would seem to be the more appropriate charge than would reckless driving knowing it would be reduced in court. Also, when a person is convicted of improper driving in General District Court, and he appeals his conviction to Circuit COurt, it is technically impossible to prove the elements of the offense since there are no such elements because of a lack of a definition of improper driving. Having a separate and distinct offense of improper driving would solve both of these problems. Recommendation The General Assembly should amend Section 46.1-192.3 adding the offense of improper driving. Improper driving shall be defined as:" a person shall be guilty who shall operate a vehicle in a careless or imprudent manner or without due regard for road, weather and traffic conditions then existing, or fail to give full time and attention to the operation of a vehicle, or fail to maintain a proper lookout while operating a vehicle." A violation of this proposed section shall constitute a Class 3 misdemeanor. 16. Increased Appropriation for Pendleton Child Service Center The Pendleton Child Service Center provides children five to twelve years old with treatment to alleviate behavioral and learning problems. The Pendleton Center accepts children with behavioral problems such as aggression, defiance, inadequate self-control, dishonesty, and social isolation, and admits them on an outclient or residential basis. Pendleton's staff applies psychological diagnostic procedures to children, and trains parents and teachers to use intervention methods to prevent or reduce the necessity of contact with other human service organi- zations. The staff is involved in community training activities for parenting skills, teacher training, and social skills for classroom children. Created as a preventive service through the joint ~efforts of the human services departments of the Commonwealth of Virginia and the Cities of Chesapeake and Virginia Beach, Pendleton has maintained a 70 to 75 percent success rate during its 13 years of operation. It has repeatedly been cited by state Licensure Teams for the effectiveness of its treatment design. Indeed, one reviewer noted, "This is the best program of all those I review. It has a complete continuum of care, with all components in place and highly developed." Last year, another commented, "The only criticism I would have is that it is the best kept secret. It should be replicated." During the last two fiscal years Pendleton has had a utilization rate of 96 percent and maintained a waiting list for services. In an effort to expand to meet this demand as well as to begin developing a model for replication within the Hampton Roads region, Pendleton proposes to establish a day treatment program in Chesapeake. This would serve an additional 32 children. Recommendation: It is recommended that the General Assembly increase its appropriation to Pendleton Child Service Center from $200,000 to $275,000. This would enable Pendleton Child Service Center to replicate the day treatment program in Chesapeake. 17. Increased Funding for Administration and Maintenance of Community Services Board Programs State funding provided for mandated projects of the Community Services Board continues to fall below levels required to address the population in need of services. Core services are started up with a level of funds which is not increased in subsequent years to allow for inflation or expansion of service for more clients. Therefore, local governments are forced to assume a disproportionate share of the service delivery costs. Recommendation: The General Assembly should appropriate sufficient funds to provide for the administration and maintenance of mandated programs carried out by the community services boards throughout the Commonwealth. This includes core services such as emergency services and other ancillary programs such as patient services, outpatient services, day support services, residential services, and prevention and early intervention. 18. Licensing of Mopeds Currently, mopeds are defined in the same category as bicycles as long as they have helper motors of less than one brake horse power with a maximum speed of twenty miles per hour. Since they are treated as bicycles, they can be operated by any person without safety equipment normally found on a motorcycle, for instance. If operated on a highway, however, they, and bicycles also, must adhere to the traffic regulations. Mopeds are more often operated on a highway and at a greater average speed than bicycles, producing much conflict between mopeds and motor vehicles, and also greatly increasing the risk of injury to those operating mopeds. Recommendation: The General Assembly should amend the Code of Virginia to require persons who operate mopeds to have the same safety equipment such as helmets and protective glasses as motorcycle operators. 19. Mining and Milling of Uranium The General Assembly in its 1985 Session extended the moratorium on the mining and milling of uranium in the Commonwealth. We believe, because of the many still unanswered questions on the effects of mining and milling of uranium, the known dangers of such activities, and other factors, that the need to begin mining and milling of uranium in Virginia is unsubstantiated. Recommendation: The General Assembly should establish a permanent ban on the mining and milling of uranium in Virginia. If the General Assembly does allow mining and milling of uranium, however, it should be done with the strictest of safeguards for the environment, substantial guarantees that the land will be reclaimed after mining and milling has ended, and also severe penalties for violation of any of these guarantees. 20. Privacy Protection The Public Utilities Department receives many requests for customer account information from such diverse sources as collection agencies trying to locate debtors, citizens wanting billing information about their neighbors, news media desiring customer account information in order to run stories on droughts, and other requests. The Department uniformly now turns down these requests based on the Privacy P~otection Act. Unfortunately, the Privacy Protection Act is not clear as it might be on this point and it would be desirable to have clear language stating the confidentiality of such records. Recommendation: The General Assembly should add to the Code of Virginia Section 2.1-342(b) a new section (28) excluding customer account information for customers of a public utility affiliated with a political subdivision of the Commonwealth including the customer's name, service address, amount of utility service provided, and amount of money paid for such utility service. 21. Pro~ation of Personal Prol~erty Tax The State Code currently allows localities on a local option basis to prorate personal property tax on motor vehicles, boats and trailers. Unfortunately, the authorization is worded such that if any proration is done for any of these three categories of equipment, then all three must be prorated. Motor vehicles are quite easy to trace to their present owner due to the records required by the Division of Motor Vehicles. Boats and small trailers on the other hand can turn over quite frequently with lengthy delays in reporting of such transactions. For example, there may be very good reporting of one person's sale of a boat, but oftentimes there is a delay when one is purchased. Recommendation: The General Assembly should amend the Code of Virginia to allow personal property tax to be prorated by category rather than the blanket system that currently exists. 22. Tax Exemption for Water Works Equipment Currently the Virginia Code allows exemptions from tax for various equipment including pollution control equipment and facilities. The extension of this exemption to water works facilities would lower the costs of water projects for municipalities. Recommendation: The General Assembly should amend the Code of Virginia to exempt certified water works equipment and facilities from retail sales and use tax. Certified water works equipment and facilities shall mean any property including real or personal property or equipment and facilities or devices used primarily for the production of potable water. 23. Tax Relief for the Elderly and Handicapped - Real and Personal Property The City and the General Assembly have long considered the special needs of the elderly and handicapped on fixed income, and the disproportionate burden that taxes place on them. The General Assembly has in the past allowed tax relief for the elderly and handicapped for real property. Personal property tax perhaps places a larger proportionately burden than does real property tax. For example, the average personal property tax paid on an automobile has risen from $96.00 in 1983 to $127.00 in 1985 due to the increase of the average cost of automobiles. Persons living on limited, fixed incomes such as the elderly and handicapped are faced with a heavier tax burden on an item that is indispensable to everyday life -- the automobile. The General Assembly in the 1986 Session initiated the process to amend the ConstiTution to allow for tax relief on personal property tax. HJR 120 was introduced, but it was carried over to the 1987 Session. On the matter of real property tax relief, the State Code, Section 58.1-3211, first adopted in 1971, allows localities to, by ordinance, exclude the first $5,000 or any portion thereof, of income received by a handicapped or disabled person as long as the total income does not exceed $18,000. Furthermore, the Code allows for a test of combined financial worth for such exemptions to exclude the value of the dwelling occupied by the person and one acre of land to not exceed $65,000 in value. This poses problems for many citizens because large numbers of disabled persons receive fairly substantial disability payments annually, but in turn, must use large portions of this money for daily care and services because of their disability, yet they are only allowed the maximum of a $5,000 deduction. Furthermore, many persons, especially those living in the rural section of the City, may have extremely limited income, yet they may live on a farm with more than one acre of land, and the value of this land whether they are receiving any farm income from it or not and their home exceeds $65,000, thus excluding them from participation in the tax exemption program. Recommendation: The General Assembly, in order to bring equity in the tax exemption program and also to make it more responsive to the needs of the citizens of Virginia, should adopt HJR 120 which was carried over f~om the 1986 Session, to provide relief for personal property taxes for the elderly and the handicapped similar to that currently provided on real property tax. This would be enabling legislation that could be adopted by localities if they choose. Furthermore, the General Assembly should reenact Section 58.1-3211 concerning real property exemptions and change the wording to make it more understandable to the average citizen, increase the total combined income to $7500 or 50 percent of disability-derived income whichever is greater, and finally, exclude from Section 58.1-3211(2) agriculturally-zoned land in the determination of net worth. This final action is necessary because persons with a home and agricultural land are what may be considered land-poor, yet in fact are economically impoverished. 24. Unclaimed Deposits Section 55-210.1 of the Code of Virginia requires localities to pay over to the State certain property which is p~esumed abandoned. In Virginia Beach's case, this abandoned property has included such things as property tax refunds, duplicate tax payments, utility customer meter deposits, outstanding checks, and credit balances for refuse disposal charges. Thus far, the City has been required to pay back to the State $115,000 for these items, some of which date back as far as 1972. The legislation's original intent was to preclude financial institutions and other profit making businesses from profiting from unclaimed or abandoned credit account balances and other tangible and intangible property of their former customers. However, localities neither make profits nor have customers per se. When Virginia Beach is required to make refunds to the State in this manner, it has direct adverse impact on taxpayers as opposed to stockholders who receive a return on their investments. The loss of these funds by localities must be made up from increased taxes or fees. Recommendation: The General Assembly should amend Section 55-210.1 of the Code of Virginia to exempt localities to escheat or pay over to the State certain property which is presumed abandoned. J LEGISLATIVE RECOMMENDATIONS AFFECTING AGRICULTURE WE RECOMMEND THAT STATE STANDARDS ON GRAIN GRADES BE KEPT. IF CHANGED, PROPER AND TIMELY NOTIFICATION BE GIVEN SO FARMERS AND GRAIN DEALERS WILL HAVE THE OPPORTUNITY TO ADJUST WITH THE CURRENT CROP. Grain grade standards are presently very restrictive. When there is a surplus of grain they tend to be enforced even more rigidly on already low prices. If they are changed, it is essential that grain dealers and farmers be notified immediately so that adjustments can be made w~thin the time frame of current crops. WE COMPLIMENT THE VIRGINIA GENERAL ASSEMBLY ON THE ESTABLISHMENT OF A SYSTEM OF STATE SUPPORTED FARMERS WHOLESALE MARKETS AND TO ASK FOR THEIR CONTINUED SUPPORT AND COMMITMENT FOR THIS PROGRAM. Wholesale markets provide another possible source of income for badly distressed farmers and minimize the "middleman" cost of selling produce. WE RECOMMEND THAT STATE REGISTRATION FOR NEW PESTI- CIDES BE ADOPTED AS SOON AS FEDERAL REGISTRATIONS ARE GRANTED. Federal registration is already a very long and costly proceeding before badly needed pesticides can be used. There is no reason for the State to further delay this process. If the State feels that Virginia should be more restrictive, then the differences should be resolved immediately. WE SUPPORT THE CONTINUED FUNDING NECESSARY FOR THE SUCCESS OF THE TWO YEAR AGRICULTURAL COURSE AT VPI AND SU. Not everyone needs to complete a four-year degree to follow the career he would like in agriculture. A two-year course is badly needed for these people in light of the time and money that would be saved. THE VIRGINIA BEACH AGRICULTURE COMMUNITY IS VERY CONCERNED WITH THE INABILITY TO CONTINUE THE AGRICULTURE STAFFING POSITIONS IN THE EXTENSION SERVICE, SPECIFICALLY, THE AGRONOMIST TO ASSIST WITH SPECIALTY TYPE CROPS SO DESPERATELY NEEDED IN THIS TIME OF AGRICULTURE CRISIS. An agronomist is essential to an agriculture department because it is the one service that the farmers and growers need most. Farming techniques, herbicides and pesticides are in a constant state of change. The City's agronomist left on January 15, 1986 and the position has not been filled. Virginia Beach farmers have been using the Chesapeake agronomist in severe emergencies, but Virginia Beach needs a full time agronomist. The General Assembly should see that funding for a full time agronomist is provided. PUBLIC HEARING PROPOSED AMENDMENTS TO THE CHARTER OF THE CITY OF VIRGINIA BEACH Take notice that pursuant to the Charter of Virginia Beach and Section 15.1-835 of the Code of Virginia, as amended, the Virginia Beach City Council will .conduct a public hearing on December 4, 1986, at 2:00 p.m. in the Virginia Beach City Council Chambers, City Hall Building, Municipal Center, Virginia Beach, Virginia, on three proposed amendments to the City Charter. The items proposed, which are the subject of the public hearing, are listed below and constitute an informative summary of the said amendments. 1. Request for a change in the general obligation bonding authority (charter bond) limit for Virginia Beach. The current limit was established in 1986 by the addition of Section 6.05:2 to the Charter which allowed a supplemental authority for issuance of general obligation bonds in the amount of $8 million in a calendar year for road, highway, or bridge purposes. The request is to have Section 6.05:2 repealed. 2. A request to amend Section 2.02, Additional Powers, by broadening the powers and adding a subparagraph to allow the establishment by ordinance of reasonable regulations and standards to prohibit the unnecessary removal of trees, and also to allow the requirement for reasonable replacement of trees lost through the development process. 3. A request to amend Section 2.02 to compel owners or occupants of property within the City to abate nuisances within the City, to remove trash, garbage, weeds, snow, grass, etc., from their property and to the right-of-way line of any street abutting such property when the governing body deems it necessary for the health and safety of other residents, and to enable the City to remove such hazards to the health and safety of residents by its own agents or employees and to charge those expenses to the owner or occupants of such property. Copies of the proposed charter amendments are on file in the Office of the City Manager of Virginia Beach, City Hall Building, Municipal Center, Virginia Beach, Virginia, and may be reviewed or copied during normal business hours. Persons wishing to express their views on these issues may appear at the time and place aforesaid established as a public hearing. Following the conclusion of the public hearing, the City Council may adopt a resolution(s) requesting the Virginia General Assembly to amend the City Charter in accordance with the informative summary. ROBERT R. MATTHIAS INTERGOVERNMENTAL RELATIONS COORDINATOR - 33 - Item VI-G.2 RESOLUTIONS ITEM # 26438 The following spoke in support of the Resolutions for Sand Replenishment and Beach Nourishment at SANDBRIDGE of Virginia Beach Richard Browner, Chairman Coastal Study Committee presented PRELIMINARY FINDINGS and RECOMMENDATIONS of the Study Committee (Copy of same is hereby made a part of the record. Congressman-Elect Owen B. Pickett Eric C. Hodeen, represented the Chesapeake Beach Shoreline Conservation Group Robert Dolan, Technical Expert, Professor at University of Virginia in Marine Geology Attorney Glenn Croshaw, a Sandbridge resident Robert Vakos, President of the Virginia Beach Hotel/Motel Asociation Judy Gearhart, resident of Chesapeake Attorney Robert Cromwell, represented the Sandbridge Beach Restoration Assocation Delegate Thomas Forehand Helen McDonald, Secretary of the Sandbridge Beach Restoration Association A MOTION was made by Councilwoman McClanan, seconded by Councilman Baum to ADOPT Resolutions for Sand Replenishment and Beach Nourishment at Sandbridge in the City of Virginia Beach. A SUBSTITUTE MOTION was made by Councilwoman Parker, seconded by Councilman Moss, to ADOPT Resolutions for Sand Replenishment and Beach Nourishment at Sandbridge in the City of Virginia Beach, AS AMENDED*. (Said AMENDED Resolutions introduced by Council Members Moss and Parker are hereby made a part of the record.) Voting: 5-6 (SUBSTITUTE MOTION LOST TO A NEGATIVE VOTE) Council Members Voting Aye: Barbara M. Henley, Mayor Robert G. Jones, Moss, Vice Mayor Meyera E. Oberndorf and Parker John D. Nancy K. Council Members Voting Nay: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Reba S. McClanan and John L. Perry Council Members Absent: None November 24, 1986 - 34 - Item VI-G.2 RESOLUTIONS ITEM # 26438 (Continued) Uon motion by Councilwoman McClanan, seconded by Councilman Baum, City Council ADOPTED: Resolutions for Sand Replenishment and Beach Nourishment at Sandbridge in the City of Virginia Beach Voting: 9-2 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, Vice Mayor Meyera E. 0berndorf and John L. Perry Council Members Voting Nay: John D. Moss and Nancy K. Parker Council Members Absent: None November 24, 1986 RESOLUTION NO. 1 WHEREAS, The beaches lying along the Atlantic Ocean and Chespeake Bay shoreline of the COMMONWEALTH OF VIRGINIA and CITY OF VIRGINIA BEACH represent an important resource; WHEREAS, Due to a variety of social, economic and environmental factors, these areas are eroding and being destroyed here and now; WHEREAS, Shoreline erosion is an issue of significant magnitude affecting many property owners, the recreational opportunities of the general public and the economic interests of private enterprise; WHEREAS, 21-11.16 of the Virginia Code declares that it is the policy of the Commonwealth that Virginia's shores "are a most valuable resource that should be protected from erosion..." and the Commonwealth should "bring to bear the Commonwealth's resources in effectuating practical solutions thereto"; and, NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council requests the upcoming Session of the GENERAL ASSEMBLY of the Commonwealth of Virginia to consider legislation recognizing the duty of the State to participate substantially in the protection of the Beaches of the City's Shoreline, including, but not limited to, the Bayfront and Atlantic Shores. BE IT FURTHER RESOLVED: That the Virginia Beach City Council meet with all Members of the Virginia Beach legislative delegation to the GENERAL ASSEMBLY at the earliest possible date to brief them on the City's Beach Erosion problem. BE IT FURTHER RESOLVED: That the Virginia Beach City Council also urge the GENERAL ASSEMBLY delegation to use every effort to obtain sand from the two channel deepening and dredging projects which are about to go to construction, including requesting the resources of the State to be used to promote the allocation from the said Federal Projects to Virginia Beach Beaches. Adopted by the Virginia Beach City Council on this day of November , 1986. 24 th RESOLUTION NO. 2 WHEREAS, 10.215-222 Code of Virginia for the Conservation and Development of Public Beaches may not be identifying shoreline segments that are exhibiting high rates of erosion, nor developing effective means to minimize the effects of erosion in these areas and such is inconsistent with Sec. 21-11.16 of the Code of Virginia whereby the General Assembly has declared that: "The shores of the Commonwealth of Virginia are most valuable resource that should be protected from erosion which reduces the tax base, decreases recreational opportunities, decreases the amount of open space and agricultural lands, damages, or destroys roads and produces sediment that damages marine resources, fills navigational channels, degrades water quality and, in general, adversely affects the environmental quality; therefore, the General Assembly hereby recognizes shore erosion as a problem which directly or indirectly affects all of the citizens of this State and declares it the policy of the State to bring to bear the State's resources in effectuating effective practical solutions thereto. (1972, c, 855)"; and WHEREAS, Ail of the foregoing is an essential requirement of any Coastal Zone Management Plan, because the potential for and severity of impacts to both natural and man-made environments will increase dramatically with the extent and rate of erosion of the shoreline of the Commonwealth of Virginia; WHEREAS, Current wording of Sec. 10-217 of the Code of Virginia, "indefinite public use", does not apply to any of the beaches curently listed under that law as public, because the potential exists for the public beach to erode to the point of being subaqueous lands of the Commonwealth rather than public beach, and, thereby, giving actual ownership of the beach to adjacent property owners as the water encroaches upland; WHEREAS, Some public beaches have already eroded to the point of becoming lost to the public; and, WHEREAS, The Study Commission and the 1980 law for the Conservation and Development of Public Beaches listed beaches not clearly public and omitted others which appear to be more public. NOW, THEREFORE, BE IT RESOLVED: That the City Engineer and the City Attorney's Office be directed to expeditiously determine ownership of properties at Sandbridge Beach. The Virginia Beach City Council further directs City Staff to consult with the Commission of Resources and make every effort to determine the essentials needed for the inclusion of public beaches in Virginia Beach, as well as Sandbridge, to the list of Public Beaches under Sec. 10-217 of the Code of Virginia. The Virginia Beach City Council further directs the Staff to determine the legal steps necessary in order to develop a public sand replenishment project at Sandbridge Beach. Adopted bz th~ Virginia Beach City Council on this day of ~ovem~er , 1986. 24th RESOLUTION NO. 3 WHEREAS, The City of Virginia Beach has undertaken an extensive review of the Technical Report, "Sandbridge Beach and Back Bay Virginia, An Analysis of Shoreline Erosion, Storm Surge, and Back Bay Flooding"; and, of the U.S. Army Corps of Engineers' Report Final Phase I GDM Beach Erosion Control and Hurricane Protection, Sandbridge Beach, Virginia Beach, Virginia; WHEREAS, The City of Virginia Beach supports and endorses a project for beach erosion control and hurricane protection for the subdivision of Sandbridge located in the Princess Anne and Pungo Boroughs of the City; WHEREAS, The Board of Engineers for Rivers and Harbors has concurred with the negative findings of the Norfolk District, U. S. Army Corps of Engineers Report; WHEREAS, The revised report was based on 1983 prices and beach conditions as of July through September 1983 and responses to said Public Notice were geared to the figures issued by the Corps; WHEREAS, Property values have increased significantly in Sandbridge, and that a number of other benefits could have been included in responses to the Board of Engineers for Rivers and Harbors had it been known that the Corps was going to increase the amount of sand specified in their report for a project and increase costs of the overall project; and, WHEREAS~ The BERH did recognize that there is a significant erosion and hurricane damage potential in Sandbridge. NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council immediately requests the Board of Engineers for Rivers and Harbors and the Chief of Engineers by separate letters to reconsider their decision and allow time for public response to changes made to the Corps' Report that were not covered under a Public Notice; and, BE IT RESOLVED FURTHER: That the Staff of the City of Virginia Beach will actively participate and assist in obtaining a positive recommendation from the Corps of Engineers and same to be done in a timely manner; and, BE IT RESOLVED FURTHER: That Congressional Authorization(s) of Beach Erosion Control and Hurricane Protection for the entire Atlantic Shoreline and Chespeake Bay Beaches, including Sandbridge, is a top priority of the City of Virginia Beach and that same must be achieved in a timely fashion. RESOLVED FINALLY: That copies of this Resolution be forwarded to our Congressional Delegation asking that they request the Chief of Engineers to conduct further reviews of this project before a final report is forwarded to Congress. Adopted by the Virginia Beach City Council on this day of November , 1986 . 2Arb CERTIFIED TO BE A TRUE COPY OF A RESOLUTION ADOPTED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, ON NOVEMBER 24, 1986. Ruth Hodges Smith, CMC City Clerk RESOLUTION NO. 4 WHEREAS, The Board of Engineers for Rivers and Harbors has determined that a significant threat to existing public and private property exists in the Community of Sandbridge from erosion and hurricane damage potential; and, WHEREAS, Erosion occurring here and now has created the potential for substantial losses of life, property, and the beaches, which will reflect in millions of dollars of lost revenue to the CitY of Virginia Beach and the Commonwealth of Virginia. NOW, THEREFORE, BE IT RESOLVED: That the City of Virginia Beach recognizes the potential for these losses and resolves to diligently pursue sand replenishment at Sandbridge at the Local, State and Federal levels. Adopted by the Virginia Beach City Council on this day of November 1986. 24th RESOLUTION NO. 5 WHEREAS, A unique opportunity exists with regard to the planned dredging and deepening of the Norfolk Harbor and Channels and/or any other major channel dredging/deepening project and funding available under Title 33, Sec. 426, using channel sand for beach replenishment; and, WHEREAS, A substantial amount of beach quality sand is believed to exist in said channels and said sand may be disposed of many miles from the shores of Virginia. NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council requests that all of the beaches of Virginia Beach, including Sandbridge, be declared by the Corps of Engineers as "disposal sites" for the beach quality sand from the deepening and dredging of the Norfolk Harbor and Channels, as well as the Baltimore Harbor Project, and such distribution to be on an equitable basis; and, BE IT RESOLVED FURTHER: That the Virginia Beach City Council requests the Governor to make the same request and that the Commonwealth cost- share with the City of Virginia Beach for the increased costs, if any, above those required for alternative sand disposal methods. Adopted by the Virginia Beach City Council on this day of November , 1986. 24th 35- Item VI-G.4 RESOLUTIONS ITEM # 26439 Upon motion by Councilman Fentress, seconded by Councilman Moss, City Council ADOPTED: Resolution requesting acceptance of property in Linkhorn Park as a "Deed of Gift" to Robert S. and June M. Lindsley. Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf, John L. Perry and Nancy K. Parker Council Members Voting Nay: None Council Members Absent: None November 24, 1986 held At the meeting of the Council of the City of Virginia Beach, on the November 24, , 1986, the following resolution was adopted. RESOLUTION Whereas, Robert S. Lindsley and June M. Lindsley have offered to convey to the City of Virginia Beach by deed of gift certain property as described therein, and Whereas, the Council of Virginia has reviewed the said offer June M. Lindsley, and the City of Virginia Beach, of Robert S. Lindsley and Whereas, after due consideration, the Council is of the opinion that the said offer should be accepted and would be beneficial to the citizens of the City. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the deed of gift dated the 1st day of November, 1986, by and between Robert S. Lindsley and June M. Lindsley, husband and wife, and the City of Virginia Beach, be and is hereby accepted and the City Attorney is hereby directed to have said deed recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia. Adopted by Virginia, on the 24 the Council day of of the City of Virginia Beach, November , 1986. JAR/ih il/19/86 THIS DEED OF GIFT, made this 1st day of November, 1986, by and between ROBERT S. LINDSLEY and JUNE M. LINDSLEY, husband and wife, parties of the first part hereto and THE CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the State of Virginia, party of the second part hereto, whose address is c/o James C. Lawson, City Real Estate Agent, Operations Building, Municipal Center, Virginia Beach, Virginia 23456 WITNESSETH: As a gift, Robert S. Lindsley and June M. Lindsley, parties of the first part hereto do hereby grant and convey with General Warranty of Title and with the English Covenants of Title unto the said City of Virginia Beach, Virginia, party of the second part hereto, the following described properties, to-wit: All those unnumbered triangular parcels of land and all of the waterways (including the land covered by water) and all of the water courses (including the land covered by water), together with all drainage rights appurtenant thereto located west of Holly Road in the Virginia Beach Borough of the City of Virginia Beach, Virginia, said unnumbered triangular parcels of land, waterways and water courses and Holly Road being as shown on the "Map of /inkhorn Park Property of Virginia Beach Development Co. and adjacent 'properties, Scale 1" = 200', Princess Anne Co., Va., Nov. 1916, J. M. Baldwin, C.E., C. A. Neff, Golf Arch't, Norfolk, Va., C. R. Mclntire, D.E.L" which plat is recorded in the Office of the Clerk of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 5, Part 2, Page 151, sheets 1, 2 and 3, less and except any portions of the abovedescribed properties and drainage rights which may have previously been conveyed by Robert S. Lindsley and June M. Lindsley and/or any of their predecessors in title by deeds of record in the aforesaid Clerk's Office. The property described hereinabove and conveyed herein being a portion of the i property conveyed to Robert S. Lindsley by deed dated May 1, 1969, from Louise E. Baker, widow, which deed is recorded in the aforesaid Clerk's Office in Deed Book 1109 at page 69. It also being a portion of the property conveyed to Louise E. Baker by deed of William L. Parker, Receiver for Soames Corporation, dated April 21, 1969, which deed is duly of record in the aforesaid Clerk's Office in Deed Book 1108 at page 391. Page 1 of 2 The abovedescribed properties and drainage rights are hereby conveyed subject to the conditions, restrictions, reservations, covenants and easements of record, and rights of others, if any, affecting the properties and rights conveyed herein. WITNESS the following signatures and seals: ROBERT S. LINDSLEY 3~NE M. LINDSLEY, lais wife STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: I the undersigned Notary Public, do hereby certify that ROBERT S. LINDSLEY and JUNE M. LINDSLEY, his wife, whose names are signed to the foregoing and hereunto annexed Deed of Gift dated November 1st, 1986, have acknowledged the same before me thisJ- ~''~' day of ..1. ~'-; 1986. il My commission expires: Notary Public "/ "' 1' .'" ~' / ~ '~ / '~ Page 2 of 2 - 36 - Item VI-H.1. RESOLUTIONS ITEM # 26440 Upon motion by Councilman Perry, seconded by Vice Mayor 0berndorf, City Council ADOPTED: Resolution directing the Planning Commission to consider and make the recommendation concerning a proposal to eliminate the usage of reduced required side yards. This Resolution will be EXPEDITED to the December 9, 1986 PLANNING CO~ISSION MEETING. Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober~ Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan,* John D. Moss, Vice Mayor Meyera E. 0berndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent: None *Verbal Aye November 24, 1986 Requested by Councilman Perry A RESOLUTION DIRECTING THE PLANNING COMMISSION TO CONSIDER AND MAKE ITS RECOMMENDATION CONCERNING A PROPOSAL TO ELIMINATE THE USAGE OF REDUCED REQUIRED SIDE YARDS. WHEREAS, Section 4.4(i) of the Subdivision Ordinance and Sections 573(d) and 602(c) (2)(i) of the Zoning Ordinance authorize the creation of residential lots with a reduced required side yard, commonly referred to as "zero lot lines"; and WHEREAS, the Council of the City of Virginia Beach is of the opinion that zero lot lines may not be in the best interest of the public health, safety, and welfare and may produce unhealthy and undesirable results; and WHEREAS, the Council is of the opinion that the Planning Commission should examine and make its recommendation concerning necessary changes in or the elimination of the zero lot lines provisions; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: (1) That the Planning commission is hereby directed to consider and make its recommendation concerning the elimination of reduced required side yards, which are currently authorized by the Subdivision Ordinance and the Zoning Ordinance. (2) That the Planning Commission is directed to forward its recommendation to the City Council within fifty (50) days of the date of the adoption of this Resolution. Adopted by the Council of the City of Virginia, on this 24 day of November GLF/lmt 11/24/86 CA-02046 \ordin\proposed\perry.res Virginia Beach, , 1986. - 37 - Item VI-H.2 ORDINANCES ITEM # 26441 Dallas V. Norman, Jr., represented the applicant Dallas V. Norman, Sr. Kenneth L. Norman, also represented the applicant and presented a petition in support of the applicant as well as an illustration of The Boat Lift (Said petition and illustration is hereby made a part of the record). Opposition: Horace R. Lewis, resident of Blackbead Road J. W. Bloxsom, resident of Black Beard Road Harry Sheely, resident of Black Beard Road Allison Maynard, resident of Sandy Bay Road Upon motion by Councilman Perry, seconded by Councilman Heischober, City Council DENIED: Ordinance to authorize a temporary encroachment into a portion of City property known as Lake Joyce to Dallas V. Norman, Sr. and Charlotte G. Norman, their heirs, assigns and successors in title. Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. 0berndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent: None November 24, 1986 Requested By Department of Public Works AN ORDINANCE TO AUTHORIZE A TEMPORARY ENCROACHMENT INTO A PORTION OF CITY PROPERTY KNOWN AS LAKE JOYCE TO DALLAS V. NORMAN, SR. AND CHARLOTTE G. NORMAN, THEIR HEIRS, 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 contained in Section 15.1-893, Code of Virginia, 1950, as amended, Dallas V. Norman, Sr. and Charlotte G. Norman, their heirs, assigns and successors in title are authorized to construct and maintain a temporary encroachment into the City's property known as Lake Joyce. That the temporary encroachment herein authorized is for the purpose of constructing and maintaining a boatlift and wooden dock adjacent to their property at 4413 Blackbeard Road that said encroachment shall be constructed and maintained 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 property known as Lake Joyce, on those certain plans entitled: "PLAN VIEW OF PROJECT SITE AT D. V. NORMAN RESIDENCE SCALE 1"50' PROPOSED BOAT LIFT AND SUNDECK," copies of which are on file in the 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 Dallas V. Norman, Sr., and Charlotte G. Norman, husband and wife, their heirs, assigns and successors in title and that within thirty (30) days after such notice is given, said encroachment shall be removed from the City's property known as Lake Joyce and that Dallas V. Norman, Sr., and Charlotte G. Norman, husband and wife, their heirs, 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 Dallas V. Norman, Sr., and Charlotte G. Norman, husband and wife, their heirs, assigns and successors in title shall indemnify, hold harmless, and defend the City of Virginia Beach, its agents and employees from and against all claims, damages, losses, and expenses including reasonable attorney's fees in case it shall be necessary to file or defend an action arising out of the location or existence of such encroachment. AND, PROVIDED FURTHER, that this ordinance shall not be in effect until such time that Dallas V. Norman, Sr., and Charlotte G. Norman, husband and wife, executes an agreement with the City of Virginia Beach encompassing the afore-mentioned provisions. Adopted by the Council of the City of Virginia Beach, Virginia, on the 24 day of NoVember , 19 · CLL/rab 7/~0/86 (CLL.1) -2- EXHIBIT m DADM ~ ~&. Lo~ I~ 5CI~,LE. I "='5o' N~, t.O~-~ LalvD5 EXHIBIT - 38 - Item VI-I. CONSENT AGENDA ITEM # 26442 Upon motion by Councilman Heischober, seconded by Councilman Fentress, City Council APPROVED in ONE MOTION Items 1, 2, 3, 5, 7 and 8 of the CONSENT AGENDA. Items 4 and 6 will be voted upon separately. Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. 0berndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent: None November 24, 1986 - 39 - Item VI-I.1 CONSENT AGENDA ITEM # 26443 Upon motion by Councilman Heischober, seconded by Councilman Fentress, City Council ADOPTED: RESOLUTIONS IN RECOGNITION RETIRING COUNCIL APPOINTED COMMISSIONERS J. Henry McCoy Curtis Payne Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. 0berndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent: None November 24, 1986 RESOLUTION IN RECOGNITION WHEREAS: The history of America is one of a nation of people helping other people -- joining together to build a better society -- dedication and commitment; WHEREAS: Life is so unpredictable! No day comes back! Life is short at best! That which makes life most worth living is the sure knowledge that we ourselves have fulfilled our purpose, met our obligation to our fellow citizens and can be satisfied we have done our best; WHEREAS: J. Henry McCoy, Jr. served as the Virginia Beach Representative on the Tidewater Transportation District Commission from September 30, 1974 until October 6, 1986. His dedication, commitment and unselfish service have involved personal sacrifices and inconveniences, not only to himself but frequently to the family; and, WHEREAS: Advisors and Volunteers have saved the City untold dollars, but more importantly, our successful growth depends upon them. NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council here assembled this Twenty-Fourth day of November, Nineteen Hundred Eighty-Six, on behalf of the citizens of Virginia Beach, expresses deep GRATITUDE and RESPECT to: J. H E N R Y M C C 0 Y, J R. Given under my hand and seal, Mayor RESOLUTION IN RECOGNITION WHEREAS: The history of America is one of a nation of people helping other people -- joining together to build a better society -- dedication and commitment; WHEREAS: Life is so unpredictable! No day comes back! Life is short at best! That which makes life most worth living is the sure knowledge that we ourselves have fulfilled our purpose, met our obligation to our fellow citizens and can be satisfied we have done our best; WHEREAS: J. CURTIS PAYNE served as the Virginia Beach Representative on the Tidewater Transportation District Commission from February 6, 1978 until October 6, 1986. His dedication, commitment and unselfish service have involved personal sacrifices and inconveniences, not only to himself but frequently to the family; and, WHEREAS: Advisors and Volunteers have saved the City untold dollars, but more importantly, our successful growth depends upon them. NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council here assembled this Twenty-Fourth day of November, Nineteen Hundred Eighty-Six, on behalf of the citizens of Virginia Beach, expresses deep GRATITUDE and RESPECT to: J. C U R T I S P A Y N E Given under my hand and seal, Mayor - 40 - Item VI-I.2 CONSENT AGENDA ITEM # 26444 Upon motion by Councilman Heischober, seconded by Councilman Fentress, City Council ADOPTED: Ordinance authorizing and directing the City Manager to execute an agreement between the City of Virginia Beach and the Virginia Department of Transportation regarding Great Neck Road-Phase II (tIP 2-410). Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress,* Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent: None November 24, 1986 AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF VIRGINIA BEACH AND THE VIRGINIA DEPARTMENT OF HIGHWAYS AND TRANSPORTATION REGARDING GREAT NECK ROAD-PHASE II (CIP 2-410) BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: WHEREAS, funds in the amount of $775,356.02 are available for the construction of a four-lane roadway from Thomas Bishop Lane to Shore Drive including a bridge over Long Creek: ' WHEREAS, this construction will alleviate existing traffic congestion on North Great Neck Road and future congestion by having sufficient median width for expansion to six lanes. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the City Manager is hereby directed and authorized to execute the attached agreement between the City of Virginia Beach and the Virginia Department of Highways and Transportation for the improvement of 0.967 mile of Great Neck Road relocated, from 0.09 mile north of relocated Thomas Bishop Lane, Station 251+85.00 to the intersection of Shore Drive, Station 302+93.00 and designated as Project U000-134-108, PEI01, RW201, C502, B603, B608, D609. This ordinance shall be effective upon date of adoption. ADOPTED: November 24, 1986 AGREEMENT BETWEEN THE CITY OF VIRGINIA BEACH AND VIRGINIA DEPARTMENT OF HIGHWAYS AND TRANSPORTATION The City of Virginia BeAch, Commonwealth of Virginia, hereinafter referred to as VIRGINIA BEACH, and the Commonwealth of Virginia, Department of Highways and Transportation, hereinafter referred to as.the DEPARTMENT, hereby agree as follows: 1. The DEPARTMENT will prosecute a project for the improvement of 0.967 miles of Great Neck Road within VIRGINIA BEACH from 0.09 mile north of relocated Thomas Bishop Lane, Station 251+85.00 to the intersection of Shore Drive, Station 302+93.00 and designated as Project U000-134-108, PE101, RW201, C502, B603, B608, D609. 2. VIRGINIA BEACH approves the plans as designed and requests the DEPARTMENT to submit the project with recommendation that it be approved by the Highway and Transportation Board and agrees that if such project is approved and constructed by the DEPARTMENT, VIRGINIA BEACH, thereafter, at its own expense, will maintain the project, or have it maintained, in a manner satisfactory to the DEPARTMENT or its authorized representatives and will make ample provision each year for such maintenance. 3. VIRGINIA BEACH agrees to comply with all applicable federal, state and local rules, regulations and statutes when work is performed on this ~roject with municipal forces or its agent at project expense. 4. VIRGINIA BEACH agrees to comply with Title VI of the Civil Rights Act of 1964 and the Virginia Fair Employment Contracting Act, Sections 2.1-374 throug~ 2.1-376 of the Code of Virginia (~950), as amended. 5, VIRGINIA BEACH agrees that prison labor will not be used for any purpose whatsoever on this project. 6. VIRGINIA BEACH agrees that the location, form and character of informational, regulatory and warning signs, curb and pavement or other markings and traffic signals, installed or placed by any public authority, or other agency, shall be subject to the approval of the DEPARTMENT. 7. VIRGINIA BEACH agrees that the location and installation of utility poles, lighting standards, traffic signal poles or any other facilities installed or placed within the right of way by any public authority, or other agency, shall be subject to the approval of the DEPARTMENT. 8. ?arking will be prohibited at all times on both sides of this project. 9. Where parking is p~ohibited, appropriate NO PARKING signs shall be erected. The signs shall conform-to the standards as shown in the current edition of the Manual on Uniform Traffic Control Devices. 10. VIRGINIA BEACH agrees that after construction of the project, or any part thereof, it will not permit any reduction in the number of or width of traffic lanes, any additional median crossovers or enlargement of existing median crossovers, or any alterations_to channelization islands, without the prior written approval of the DEPARTMENT. ll. VIRGINIA BEACH agrees to prohibit all motorized vehicles, except those for maintenance purpose and where snow conditions and regulations permit snowmobiles, from using the bikeways and walkways which are constructed as a part of this project. -3- 12. VIRGINIA BEACH agrees to participate in the actual cost of this project which includes a special provision for price adjustment in accordance with the following tabulation, understanding that the costs shown are estimated and the percentages will b~ applied to actual costs: PROJECT COST VIRGINIA BEACH'S SHARE IT~ Preliminary Engineering Right of Way Roadway Construction City Lighting/Signalization Items Sanitary Sewer Adjustment (Contract) Utility Adjustments (City) Incidental City Work & Inspection Incidental City Water Facilities Work & Inspection Bridge Construction, B603 Bridge Construction, B608 Gas Line Supports, B608 Box Culvert, D609 Trainees Signs ESTIMATED COST % AMOUNT $ 416,000.00 15 $ 62,400.00 822,000.00 5 41,100.00 5,512,762.39 5 275,638.12 14,220.24 100 14,220.24 7,550.16 5 337.51 49,562.40 96.40 47,778.15 850.00 5 42.50 1,350.00 96.40 1,301.40 3,333,250.52 5 166,662.53 3,180,198.96 5 159,009.95 15,054.00 0 0.00 120,178.57 5 6,008.93 2,000.00 5 100.00 14,333.72 5 716.69 TOTAL $13,489,310.96 $775,356.02 -4- IN WITNESS WHEREOF, the parties have hereunto affixed their signatures, the City of VIRGINIA BEACH on the day of ., 19 , and the DEPARTMENT on the day of , 19 . ATTEST: CITY OF VIRGINIA BEACH BY BY CITY CLERK CITY MANAGER NOTE: The official signing for the municipality must attach a certified copy of the authority under which this agreement is executed. This agreement is executed in three originals. APPROVED AS TO FORM CITY ATTORNEY COMMONWEALTH OF VIRGINIA, DEPARTMENT OF HIGHWAYS AND TRANSPORTATION BY DEPUTY COMMISSIONER - 41 - Item VI-I.3 CONSENT AGENDA ITEM # 26445 Upon motion by Councilman Heischober, seconded by Councilman Fentress, City Council ADOPTED: Ordinance to AMEND and REORDAIN Section 3-5 of the Code of the City of Virginia Beach, Virginia, pertaining to placing advertising matter in parked vehicles. Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. 0berndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent: None November 24, 1986 AN ORDINANCE TO AMEND AND REORDAIN SECTION 3-5 OF THE CODE OF THE CITY OF VIRGINIA BEACH, VIRGINIA, PERTAINING TO PLACING ADVERTISING MATTER IN PARKED VEHICLES. BE IT ORDAINED BY VIRGINIA BEACH, VIRGINIA: That Section 3-5 of THE CITY COUNCIL OF THE CITY OF the Code of the City of Virginia Beach, Virginia, is hereby amended and reordained as follows: Section 3-5. Placing advertising matter in parked vehicles. No person shall place or cause to be placed handbills, cards or posters or other advertising matter on or in motor vehicles parked on the streets of the city or in driveways or in any Darking areas, public or private, within the city ~e~s--~se~--~--~he--~B~--wh~eh--a~e-e~ass~e~-as-sem~a~ a~eas. A violation of this section shall constitute a Class 3 misdemeanor. Adopted by Virginia, on the the Council of the City of Virginia Beach, 24%h Novembe~ day of , 1986. WEB/lmt 10/30/86 CA-86-02033 (\word\proposed\03-005.pro) - 42 - Item VI-I.4 CONSENT AGENDA ITEM # 26446 Upon motion by Councilman Fentress, seconded by Councilman Heischboer, City Council DEFERRED INDEFINITELY: Ordinance appointing viewers in the petition of Pacific Associates Corp. for the closure of the main portion of an alley between 4th and 5th Streets Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. 0berndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent: None November 24, 1986 - 43 - Item VI-I.5 CONSENT AGENDA ITEM # 26447 Upon motion by Councilman Heischober, seconded by Councilman Fentress, City Council APPROVED: LOW BID of Inner-View, Ltd in the amount of $398,674.10 for I/I Beach Borough Phase IV Rehabilitation (CIP 6-815). Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent: None November 24, 1986 - 44 - Item VI-I.6 CONSENT AGENDA ITEM # 26448 Attorney Richard S. Glasser, Member of the Board of OPERATION SMILE, represented the applicant Nelson Tibbitt, partner of Bingo Palace, spoke in OPPOSITION and requested a DEFERRAL of thirty days in order to submit the rsults of his investigation. Sergeant Gray, Police Department, advised the results of his investigation. Upon motion by Councilman Balko, seconded by Vice Mayor 0berndorf, City Council APPROVED: BINGO/RAFFLE PERMITS St. Nicholas Greek Orthodox Church Virginia Beach Junior High School Trantwood Elementary School Cape Henry's Woman's Club *Operation Smile Raffle Raffle Raffle Raffle Bingo *Concerning Operation Smile, Councilwoman Henley and Councilman Fentress requested the report of Nelson Tibbitt and Sergeant Gray be presented to City Council upon completion. Voting: 10-1 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, John D. Moss, Vice Mayor Meyera E. 0berndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: Reba S. McClanan Council Members Absent: None November 24, 1986 Item VI-I.7 CONSENT AGENDA ITF~ # 26449 Upon motion by Councilman Heischober, seconded by Councilman Fentress, City Council APPROVED: Authorization of the City of Virginia Beach to John T. Atkinson, City Treasurer~ to charge-off uncollectable debts in the amount of $272,925.07. Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. 0berndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent: None November 24, 1986 RESOLUTION WHEREAS, it is standard accounting procedure to allow for a charge-off of uncollectible accounts; and WHEREAS, an earnest and diligent effort has been made by city departments to collect their overdue accounts; and WHEREAS, the following accounts which total $2?2,925.0? are deemed to be uncollectible: Public Utilities: FY 80-81 Water Usage/Sewer Maintenance Bills $ 87,228.07 FY 81-82 Water Usage/Sewer Maintenance Bills 173,939.22 Sewer Inspection Invoices 71.50 Public Works: Refuse Disposal 2,041.37 Highways 7,586.91 Police: False Alarms 1,675.00 Animal Control 327.00 Planning: 56.00 Total Amount to be Charged-Off ~_~925.07 NOTE: The individual invoices are available for City Council review. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH that $272,925.07 be charged-off as uncollectible accounts and removed from the city's records. Adopted by the City Council of the City of Virginia Beach, Virginia on the 24th day of November __, 1986. 46- Item VI-I.8 CONSENT AGENDA ITEM # 26450 Upon motion by Councilman Heischober, seconded by Councilman Fentress, City Council APPROVED: Ordinance authorizing License Refunds in the amount of $1,253.76 upon application of certain persons and upon certification by the Commissioner of the Revenue. Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent: None November 24, 1986 FORM NO. CA. 6 REV. 3/86 AN ORDINANCE AUTHORIZING LICENSE REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE COMMISSIONER 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: License Date NAM E Year Paid Base Penalty Int. Total American Electric of Virginia 361 Cleveland Place, #104 Va. Beach, VA 23462 1985/86 Bedroom Concepts, Inc. T/A Environs 364 Middle St., #1 Portsmouth, VA Audit 106.46 106.~6 Ceramic Tile Co., Inc. 5409 Peggy Circle Va. Beach, VA 23464 1983/86 Audit 288.39 2RR.39 1984/86 Audit 421.46 ~21.~6 This ordinance shall be effective from date of adoption. The above abatement(s) totaling $ 816.31 of the City of Virginia Beach on the 2/+ th day of Certified as to Payment: Robert P. Vaughan ~ Commissioner of the Revenue Approved as to/~orm: ity Attorney were approved by the Council November , 19 86 Ruth Hodges Smith City Clerk FORM NO. C.A. 8 REV. 3/86 AN ORDINANCE AUTHORIZING LICENSE REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE COMMISSIONER 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: License Date Base Penalty Int. NAME Year Paid Total Goal Post, Inc. 1804 Clairborn Pi. Va. Beach, VA 23454 1986 Audit 215.81 Mills, Ellis J. T/A Ellis J. Mills Trucking 1561 Ohio Avenue Va. Beach, VA 23454 1986 Windom, B. G. & Carter, S. K. T/A New Energy Systems 777 Seahawk Circle Va. Beach, VA 23452 1986 Audit 121.61 Audit 100.03 215.81 121.61 100.03 This ordinance shall be effective from date of adoption. The above abatement(s) totaling $ 4 3 7.4 5 24th of the City of Virginia Beach on the__ day of Certified as to Payment: Rol:~ert P. Vaugh~n ~ Commissioner of the Revenue Approved as ~ form: C~y Attorney were approved by the Council November ,19__ 86 Ruth Hodges Smith City Clerk - 47 - Item VI-K.1 NEW BUSINESS ITEM # 26451 Mayor Robert G. Jones, in accordance with City Code Section 2-83(b), DECLARED: December 26, 1986, a CITY HOLIDAY November 24, 1986 - 48 - Item VI-K.2 NEW BUSINESS ADD-ON ITEM # 26452 Upon motin by Councilwoman McClanan, seconded by Councilman Moss, City Council REFERRED %o the PLANNING COMMISSION for MODIFICATION to I-1 Industrial District, Ordinances upon application of OLIVE W. MALBON for Changes of Zoning. City Council had ALLOWED WITHDRAWAL of said Ordinances on November 3, 1986. AND, ORDINANCE UPON APPLICATION OF OLIVE W. MALBON FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM AG-2 TO I-2 Ordinance upon application of Olive W. Malbon for a Change of Zoning District Classification from AG-2 Agricultural District to I-2 Heavy Industrial District on certain property located on the west side of Harpers Road, 1900 feet more or less north of London Bridge Road. Said parcel contains 13.33 acres. Plats with more detailed information are available in the Department of Planning. PRINCESS ANNE BOROUGH. ORDINANCE UPON APPLICATION OF OLIVE W. MALBON FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FORM R-3 TO I-2 Ordinance upon application of Olive W. Malbon for a Change of Zoning District Classification from R-3 Residential District to I-2 Heavy Industrial District on certain property located on the west side of Harpers Road, 1750 feet more or less north of London Bridge Road. Said parcel contains 29,185 square feet more or less. Plats with more detailed information are available in the Department of Planning. PRINCESS ANNE BOROUGH. Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent: None November 24, 1986 Item VI-L.1 ADJOUR~$~IT ITEM # 26453 Upon motion by Councilman Baum, and BY ACCLAMATION, City Council ADJOURNED the Meeting at 11:20 P.M. Chief Deputy City Clerk th Hodge~ Smith, CMC City Clerk City of Virginia Beach Virginia November 24, 1986