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Home My WebLink AboutDECEMBER 21, 1987 MINUTES "WORLD'S LARGEST RESORT CITY" CITY COUNCIL MAYOR ROBERT G. )ONES, A@ L.,g@ VICE MAYOR MEYERA E OBERNDORF, A, L.,g@ A@ERT W BALKO, L,@@h.-@ B-.gh JOHN A BAUM, Bi@,k.@l, B,@,h ROBERT E. FENTRESS, Vi,i@i. B,-h B,@.gh HAROLD HEISCHOBER, A, L.,g@ BARBARA M. HENLEY, P.@,@ @@.gh REBA S M,,CI-AN@, P@-- A..@ @,h JOHN D MOSS, K,.,-Il, B-.gh NANCY K PARKER, A@ @,g@ JOHN L. PERRY, B,,i& &,@.gh 281 CITY HALL BUILDING MUNICIPAL CENTER A-U@ V. WA-@, I.., Ci@ M.- CITY COUNCIL AGENDA VIRGINIA BEACH, VIRGINIA 23456-1/202 J. - --., .@ A.- (804) 427-4303 HO-. -@H, -Cl@. Cil, C- DECEt4BER 21, 1987 rrEm I. INFO@ SESSION - Conference Rom - 9:30 PM A. CALL TO ORDER Mayor lbbert G. Jones B. ROLL CALL OF COUNCIL C. RECESS TO EXECURIVE SESSION ITEM II. FO@ SESSION - Council Chamber - 2:00 PM A. INVOMION: Reverend M. Mochel Morris-ibndrix St. Wke's United Methodist B. OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF At4ERICA C. ELECTRONIC ROLL CALL OF CTRY COUNCIL D. ADOPRION OF ITEMS FOR THE FOI?4AL AGENDA E. M S 1. INFO@ & FORNAL SESSIONS - Deccmber 14, 1987 2. FORAAL SESSION, Item No. 28054, Page 29: September 21, 1987, re: Master Street and Highway Plan F. PROCIAMATION: 1. RIILE WEEK - January 10-16, 1987 G. PUBLIC HEAPJM 1. MARION MANOR, D4C. - Tax Exempt Status H. PUBLIC HEARING 1. PIANNING a. Application of Mitchell E. Dunbar for the discontinuance, closure and abandoment of a pc)rtion of Maynard Street beginning at th@ intersection of Maynard Stre,(?,t and Cleveland Street and running in a South@sterly direction a distance of 180.01 feet along the Northern property line and 210.29 f(,-et along the Southern property line, containing 6,361 square- feet, (Kempsville Borotigh). City Council grant(,d FIMNL APPROVAL SeptEmber 21, 1987; however, there has been an anendTLent to the property description. @ferr@ 12/14/87. Reccmendation: CONFI144 FINAL APPROVAL b. Ppplication of J. J. O'Keefe for a Variance to Section 4.1(b)(1) of the Subdivision Ordinance pertaining to the arraMEment of streets in a subdivision shall provide for continuation or appropriate projection of existing arterial or collector streets in surrounding areas, (Lynnhaven Bc)rough). Recmmendation: APPROVAL c. Applications of Devon Holloway (309 South Birdneck lbad), (Lynnhaven Borough): Ebr a Variance to Section 4.4.(b) of the Subdivision ordinance pertaining to lots creat(,d by the subdivision must meet all requirEments of the zoning ordinance. AND, For a e of Zoni frcfn I-1 Light Industrial District to tj@l R-5 Re d@.n Distr!P t ic 200 teet more or less Vbst of @uth Birdneck lbad beginning at a point 670 feet Sc)uth of @autiful Street, containing 32,670 square feet; RecaTirnendation: APPROVAL for Both Applications d. Applications of M. W. & M. W. Investmnts, Inc., a Virginia Corporation, for Changes of Zoning (Lynnhaven Borough): Frcm A-1 Apartment District to A-2 Apartment District at the Southwst intersection of Ragan Avenue and old Great Neck Road, containing 2174 squar(,' feet; AND, Frcm R-5 Pesidential District to A-2 Apartrnent District on South@st side of Peagan Avenue, 400 feet more or less Northw-st of Busky Lane, containing 10 acres more or less. Reccmendation: DENIAL for Both Applications e. Application of oil Ccmpany for a Conditional Use Pelmit for an autcrnobile service station (gas punps and supply only) in conjunction with a convenience store and a car wash at the Sc)utheast corner of Shore Driv@, and Starfish Road, containing 25, 000 square feet more or less, (Lynnhaven Borough). Reccrnmendation: DENIAL f. Application of Dr. and Mrs. Bruckner for the discontinuance, closure and abandortnent of a portion of Ebb Tide lbad begiming at the Northeast intersection of Cape @nry Drive and Ebb Tide lbad and runnim in a Northerly direction a distance of 159 feet more or less, containing 6,361 square feet, (Lynnhaven Borough). @cctmendation: ]DENIAL FEWLURION 1. lbsolution supporting leqislation which will designate property owned by Marion Mamr, Inc. as being EXEMPT frcrn State and LDcal taxation. J. CONSENR AGENDA All matters listed under the ODnsent Agenda are considered in the or,dinary course of business by City oduncil and will be enacted by one motion in the forrn listed. If any itein is removed from the (bnsent Agenda, it will be discussed and vot(,,d upon separately. 1. Ordinance upon SECOND READING to APPROPRIATE a $4500 grant frcm the Division of Litter Cbntrol for the tenth year a@ the expansion of the Clean @unity Progran. 2. Ordinance appointing viewrs in the petition of @on @es, Florine Johnson and Shepherd Drewry for the closure of a portion of Holly Ibad (Virginia Beach ]3oroLUh). K. APPOIN114ENTS: ARTS AND HUMANITIES CCMMISSION COMMUNITY SERVICES BOARD FRANCIS IAND HOUSE Board of Governors PUMING CCMMISSION SCHOOL BOARD RN VIRGINIA AREAWIDE MODEL PROGRAM Board of Directors TIDEWATER DETENTION HCME VIRGINIA BFACH CCMMUNITY DEVELOPMERR CORPORATION L. UNFINISBED BUSINESS 1. TIDEKATER CCMMUNITY COLLEGE - Annual @pc)rt George Pass, President - TCC M. NEW BUSINESS N. ADJO CITY COUNCIL REGULAR SESSION ER 28, 1987 CANCFr.T.FD HAPPY HOLIEAYS! M I N U T E S VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia December 21, 1987 The INFORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL was called to order by Mayor Robert G. Jones in the Conference Room, City Hall Building, on Monday, December 21, 1987, at 9:40 A.M. Council Members Present: Albert W. Balko, John A. Baum, Robert E. Pentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Absent: John D. Moss (ENTERED: 10:20 A.M.) - 2 - ITEM # 28529 Mayor Robert G. Jories 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: 1. PERSONNEL MATTERS: Discussion or consideration of employment, assignment, appointment, promotion, performance, demotion, salaries, disciplining or resignation of public officers, appointees or employees. 2. LEGAL MATTERS: Consultation with legal counsel or briefings by staff nembers, consultants or attorneys, pertaining to actual or potential litigation, or other legal matters within the jurisdiction of the public body. Upon motion by Councilman Fentress, seconded by Councilman Balko, City Council voted to proceed in-Lo EXECUTIVE SESSION. Voting: 10-0 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, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Men!bers Absent: John D. Moss - 3 - ITEM # 28530 The COUNCIL CONCERNS SESSION of the VIRGINIA BEACH CI7Y COUNCIL was called to order by Mayor Robert G. Jones in the Conference Room, City Hall Building, on Monday, December 21, 1987, at 12:00 NOON. 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. 14oss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Absent: None - 4 - C 0 N C E R N S 0 F T H E M A Y 0 R ITEM # 28531 Mayor Jones referenced the COMPREHENSIVE ZONING ORDINANCE and advised two additional WORKSHOPS were needed. BY CONSENSUS City Council SCHEDULED a WORKSHOP for the COMPREHENSIVE ZONING ORDINANCE for December 30, 1987 at 1:30 P.M- i-n the Council Conference Room, City Hall Building. ITEM # 28532 Mayor Jones requested the assistance of the HMP (Henley, McClanan and Parker) Committee in reviewing the proposed CZO. Mayor Jones requested they pull out the non-controversial items, in order for PUBLIC HEARINGS to be SCHEDULED. The HMP Committee would divide the items into three (3) categories. Besides the non-controversial items, those of philosophical abstraction which need to be addressed on a longer term basis and items that fall between this latter category and the non-controversial would also be addressed. The Planning Staff will be able to confer with the HMP Committee. ITEM # 28533 Mayor Jones referenced the JANUARY FIRST AGENDA. Mayor Jones APPOINTED a Committee, comprised of Councilwomen Henley and McClanan, City Attorney J. Dale Bimson and Assistant City Manager for Administra@ion Giles Dodd, to co.'lpose commemorative RESOLUTIONS. - 5 - C I T Y C 0 U N C I L C 0 N C E R N S TTEM # 28534 Councilwoman Henley referenced the DECLARATION by the Mayor for the balance 1/2 day CHRISTMAS EVE as a City Holiday on December 24, 1987. Councilwoman Henley suggested this appears to be a standard procedure and should be encompassed within the BUDGET. This should not be a a last minute decision. Councilman Moss referenced the LEAVE BOOKLET and did not believe another non- productive day should be added to the burden of the taxpayers. If same should be added, perhaps another holiday, i.e., a flex day, birthday, could be eliminated a-,id this substituted. Coiincilwoman McClanan advised Giles Dodd had r)repared information for her relative the cost of holidays. The City Manager will advise City Council of the cost of the Holiday. The City Manager will also examine whether or not there night be an opportunity to do something that affords people with other religious preferences some type of flexibility. The real cost surfaces in police, fire, utilities, public works, basically the 24-hour a day, 7-day a week people and some incremental cost associated therein. Councilnan Hei-schober believed the City Code should state that CHRISTMAS EVE is either a 'half day Holiday, a whole Holiday or not a Holiday. Councilman Moss advised there was only so many productive days in a year and if the City creates Holidays and adds to that Comprehensive time, annual leave, basically the City is paying for a full year and actually acquiring approximately 8 months of service. The City must be concerned with the productive labor hours per year actually achieved @er employee and can the service levels be met with those number of hours per year within the City's current revenues. Councilman Heischober advised he closed his business all day Christmas Eve and Christmas, but only paid 1-1/2 days. ITEM #28535 Councilwoman McClanan referenced the ADOPT-A-SCHOOL CEREMONY with Courthouse Elementary on Monday, December 14, 1987. Councilwoman McClanan referenced the Certificate presented and distributed pins to City Council, advising of the most impressive ceremony and program. Councilwoman Henley requested future events not be SCHEDULED on Monday. ITF14 # 28536 Vice Mayor Oberndorf advised the Town of Vienna, Virginia, a Member of the Municipal League, sent a card entitled "Holiday Greetings" printed with the name of the Mayor and all Members of the Town Council. Vice Mayor Oberndorf believed this to be a nice gesture and believed City Councils in the future should return Greetings as a United Group. - 6 - C I T Y 0 0 U N C I L C 0 N C E R N S ITEIA # 28537 The City Manager advised Vice Mayor Oberndorf and Councilwoman McCianan were in attendance at a BRIEFING at the SVPDC relative the HOV LANES. The City Manager wished to scheduie this BRIEFING for the City Council on JanuarY 4, 1987. The City Manager advised same should be presented in the Council Chanber as he believed the City Employee and the general public needs to be aware of same. ITEM # 28538 Vice Mayor Oberndorf adv4@sed Delegate Glen Croshaw was not in attendance at the LEGISLATIVE BREAKFAST due to a horrendous accident of his wife. On the day of the Legislative Breakfast, Delegate Croshaw was waiting through a 5-1/2 hour surgery. His wife's accident will entail a long recuperation. Vice Mayor Oberndorf suggested a card be sent to Room 107, Virginia Beach General Hosoital. ITEM # 28539 Councilwoman Henley advised of the TRT fare rate increase of 10cts. This rate increase did not apply to the cost cutter cardo or the frequent riders. ITEM # 28540 Councilman Fentress referenced the HEARING last week relative the Certificate of Need for Virginia Beach General Hospital by the State Board of Health. Councilmen Balko and Fentress spoke in OPPOSITION to SENTARAIS position ald supported the indication of the increased Certificate of Need for the Virginia Beach General Hospital Councilman Balko advised the room cost of ttle new Sentara Hospital would be $350,000 per room. The 20-bed addition at Virginia Beach General Hospital is $100,000 per rool. ITEM # 28541 Councilman Perry referenced the Toll Roads in Washington i,,hich give adequ,,.te warning of desired exits. SaTie might be a good sugge St4 on for this City. - 7 - ITEM # 28542 Mayor Robert G. Jones entertained a motion to perinit City Council to conduct its Second MCUTIVE SESSION of the day pursuant to Section 2.1-344, Code of Virginia, as amended, for the following purposes: 1. PERSONNEL MATTERS: Discussion or consideration of erployment, assignment, appointment, promot-@on, performance, demotion, salar4es, disciplining or I resignation of public officers, appointees or employees. 2. 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 Fentress, seconded by Counc4-lnan Balko, City Council voted to proceed into MCUTIVE SESSION. Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Feitress, 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 Cou--qcil Members Absent: None - 8 - F OR MA L S E S 3 ION VIRGINIA BEACH CITY COUNCIL December 21, 1987 2:20 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, December 21, 1987, at 2:20 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. Oberndorf, Nancy K. Parker and John L. Perry Council Members Absent: None INVOCATION: Reverend M. Mochel Morris-Hendrix St. Luke's United Methodist PI;EDGE OF AIJEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA - 9 - ADOPTION OF ITEMS Item II-D.l. TT@l # 28543 Mayor Robert G. Jones referenced the application of J. J. O'Keefe for a Variance to Section 4.1(b)(1) of the Subdivision Ordinance pertaining to the arrangement of streets in a subdivision shall provide for continuation or appropriate projection of existing arterial or collector streets in surrounding areas, (Lynnhaven Borough). (See Item II-H.l.b. of the PLANNING AGENDA). City Council has, BY CONSENSUS, agreed to defer this item for further information from the City Staff. Item II-D.l. ITEM # 28544 The City Clerk advised the ANNUAL REPORT of the TIDEWATER COMMUNITY COLLEGE has been moved forward on the AGENDA, right after the PROCLAMATION recognizing SMILE WEEK. Dr. George Pass, President of TCC, must leave the meeting earlv. 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. - 10 - Item II-E.1 MINfJTES ITEM # 285/,5 Upon motion by Councilman Balko, seconded by Vice Mayor Oberndorf, City Council APPROVED the MINUTES of the INFOR14AL & FORMAL SESSIONS of December 14, 1987. Voting: 10-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara 14. Henley, 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 Abstaining: Mayor Robert G. Jones Council Members Absent: None *Mayor Robert G. Jones ABSTAINED as he was attending a NATIONAL LF.AGUE OF CITIES CONFERENCE in Las Vegas on December 14, 1987. Item II-E.2 MINUTES ITE@L 28546 Upon motion by Vice @layor Oberndorf, seconded by Councilman Fentress, City Council DEFERRED AMENDMENT to the MINUTES of the FORVIAL SESSION, Item No. 28054, page 29: September 21, 1987, re: Master Street and Highway Plan until the City Council Meeting of JanuarY 4, 1987. This D L will enable a report by City Staff. The map utilized on September 21, 1987, will accompany this report by City Staff. 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 - 12 - Item II-F.l. PROCLAMATION ITF14 # 28547 Mayor Robert G. Jones PROCLAIMED the week of January 10-16, 1988, as: SMILE WEEK Cathy McGee ACCEPTED this PROCLAMATION. Cathy McGee is co-founder with her husband of OPERATION SMILE. This PROCLAMATION recognized OPERATION SMILE as a volunteer medical mission headquartered in Hanpton Roads, Virginia, whose local team members travel to underdeveloped areas to provide reconstructive surgery for children worldwide. -6 WHEREAS, Operation Sinile is a volunteer medical mission headquartered in Hampton Roads, Virginia, whose local team members travel to underdeveloped areas to provide recon- structive surgery for children worldwide; and WHEREAS, since its inception in 1982, Operation Smile teams have annually visited the Philippines and treated over 1,500 people for facial deformities, burns, birth defects, and other disfiguring conditions; and WHEREAS, through the caring and generous support of this community and its hundreds of participating volunteers, Operation Smile has expanded over the past year to other areas of the world, including Africa and South America; and WHEREAS, Operation Smile needs the continued support of our businesses, hospitals, schools, organizations and individuals to continue bringing hope and healing to the underprivileged; NOW, THEREFORE, I, Robert G. Jones, Mayor of the City of Virginia Beach, do hereby proclaim January 10-16, 1988 as SMILE WEEK in Virginia Beach and recognize the charitable efforts of Hampton Roads citizens and organizations and commend Operation Smile for its outstanding humanitarian work. IP Robe/t\G. Jolks - 13 - Item II-G.l. PUBLIC HFARING ITEM # 28548 Mayor Robert G. Jones DECLARED a PUBLIC HEARING; 14ARION MANOR, INC. - Tax Exempt Status The following speakers registered in support of the Resolution for consideration of TAX EXEMPT STATUS of Marion Manor, Inc: Attorney Thomas Padrick, 3330 Pacific Avenue, Suite 500, Phorie: 491-2100, represented MARIAN MANOR. Mary Ellen Cox, 1140 Little Neck Road, Phone: 486-2511, President of the Board of MARIAN MANOR, INC. Sam Houston, Sr., 946 Oriole Drive, spoke as a representative of the Silver Haired Legislation. There being no further speakers, Mayor @obert G. Jones CLOSED the PUBLIC HEARING. - 14 - Item II-H. PLANNING ITEM # 28540 Mayor Robert G. Jones DECLARED a PUBLIC HEARING on: PLANNING a. MITCHELL E. DUNBAR CONFIRMATION - STREET CLOSURE b. J. J. O'KEEFE VARIANCE c. DEVON HOLLOWAY VARIANCE AND CHANGE OF ZONING d. M. W. & M. W. INVESTMENTS, INC. CHANGES OF ZONING e. AMOCO OIL COMPANY CONDITIONAL USE PERMIT f. DR. AND MRS. BRUCKNER STREET CLOSURE 1 5 Item II-H.I.a. PUBLIC HEARING PLANNING ITEM # 28550 Upon motion by Councilman Moss, seconded by Vice Mayor Obe-ndorf, City Council CONFIRMED FINAL APPROVAL of the discontinuance, closure and abandonment of a portion of Maynard Street in the application of MITCHELL E. DUNBAR. Application of Miteliell E. Dunbar for the discontinuance, closure and abandonment of a portion of Maynard Street beginning at a point on the north right-of-way of Maynard Avenue at the dividing line between lots 10 and 1 1 "Plat of Euclid Place - Subiirb of Norfolk, V4rginiall, recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, in Map Book 4, at pages 62 and 63; thence running along the north 1,,*-.qe of Maynard Avenue North 75 Degrees 241 2811 east a distance of 189.01 feet to a point; and thence running south 31 degrees 39' 54" east a distance of 31-38 feet; and thence south on Maynard Avenue south 75 degrees 241 2811 west a distance of 181.84 feet; and thence north 7 degrees 191 711 east a distance of 16.17 feet; and thence south 75 degrees 241 2811 west a distance of 28-45 feet; and thence north 7 degrees 191 711 east a distance of 16.17 feet to the point of beginning. KEMPSVILLE BOROUGH City Council @ranted FINAL APPROVAL on September 21, 1987. 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, Vi-ce Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Counci-1 Menbers Voting lqay: Reba S. McClanan Council Members Absent: None ORDINANCE NO. IN THE MATTER OF CLOSING, VACATING, AND DISCONTINUING A PORTION OF THAT CERTAIN STREET OF VARIABLE WIDTH KNOWt4 AS MAYNARD AVENUE, LOCATED IN THE BAYSIDE BOROUGH OF THE CI'FY OF VIRGINIA BEACH, VIRGINIA, AS SHOWN ON THAT CERTAIN PLAT ENTITLEF), "PLAT SHOWING A PORTION OF MA'CNARD AVENUE TO BE CLOSED, BAYSIDE BOROUGEI, VIRGINIA BEACH, VIRGINIA", WHICH PLAT IS RECORDED Ilq THE CLERK'S OFFICE OF THE CIRCUII' COURT OF THE CITY OF VIRGINIA BEACH, VIRGINIA, IN DEED BOOK 2 6 8 6 AT PAGE 6 4 1 WHEREAS;, it appearing by affidavit that proper notice has been given by @litchell L. Dunbar and Linda S. Dunba-, that they would make application to the Council Df the City of Virginia Beach, Vi--ginia, on Novembe- 5, 19@34 to have the hereinafter described st@-eet discontinued, close!d, and vacated; and WHEREAS, it is the judgment of the Council that said street be discontinued, closed, and vacated; NOW THEREFORE, SECTION I BE IT ORDAINED by the Council of the City of Vi:-ginia Beach, Virginia, that the hereinafter described street be discon- tinued, closed and vacated: Begiiining at a point on the North riglit-of-way of Maynar'd Avetiue at the dividing line between lots 10 and 11 "Plat of Euclid Place - Suburb of Norfolk,-@Virgin-@", recorded in the Clerk's Office bf the Circuit Court of the City of Vi::ginia Beach,.in Map Book 4, at pages 62 and 6 3thence running along tlie North line of Maynard Avenue NOrth 75' 24' 28" East a distance of 189.01 feet to a point; and thence running South 31* 39' 54" East a distance of 31.38 feet; and thence South on Maynard Avenue Soutli 75@ 24' 28" West a distance of 181.84 feet; and thence North 71 191 7" East a distance of 16.17 feet; and thence South 75' 2 4 128" West a distance of 28.45 feet; and thence North 7' 191 7" East a distance of 16.17 feet to the point of beginnl'ng. Said pa.-cel of land being a portion of Mayna.-d Avenue as indicated on that certain plat of property to be vacated along existing Maynard Averiue for Mitchell L. Duribar and Linda S. Dunba.-, which plat is recorded in the Cle.-kls Office of the Ci.-cuit Court of the City of Vi--ginia Beach, Virginia in map Book I at Page and which is made a part liereof by -eference. Notwithstanding the above, shoulki the City require any portion of the eastern 30 feet of the arl'a closed by this Ordinance to be conveyed back to the City for the purpose of improving the Columbus Street Right-of-Way adjoining the closeJ area, Mitchell L. and Linda S. Dunbar agree for themselves and thei@- hei-s, successol-s and assigns to convey back to the City at no cost to the City any and all of the eastern 30 feet requi.-ed by tlie City for the purpose of improving thE- Columbus Street Right-of-Way adjoining the closed area. Thi2- condition shall expire 5 years from the date of recordation of t@his O.-dinance. CONFIRIIED FINAL APPROVAL: December 21,1987 0 < A < z rn 9 p ;o i2 2 0 S? i :0 -4 M -< m CDw rn o 0 0 0 K) 0 <M z 0 (f) In m Z,u z F. CD co m C> 0 0 C rA < -on j, m < rn > CD m > 0 S9,19. as CD zrvl rri 0 m;u m z 0 ,,ix 0 )> 0 @ @ 0 < m T> c (A o 0 0 :E z m z m G) > pz z zo c0 zz m m 0 Ln -0 i5< (D < OD G) 0 (D Z m )> z 0 c: (D z > - 16 - Item II-H.l.b. PUBLIC HEARING PLANNING ITK4 # 28551 W. B. Meredith II, represented the applicant and distributed to City Council preliminary engineering drawings and advised he was strongly opposed to the Northwest Loop. The engineering drawings depict a proposed solution. W. B. Meredith advised setting aside for the City to purchase at some later date, Lot #8, understanding the details would be worked out with the Engineering Department and W. B. Meredith would retain some configuration and be returned the cul-de-sac that is not used. Upon motion by Councilman Balko, seconded by Councilman Fentress, City Council DEFERRED for thirty (30) days until the City Council Meeting of January 25, 1988, (or possibly sooner) the application of J. J. O'KEEFE for a Variance to Section 4.4(b) (1 ) of the Subdivision Ordinance pertaining to the arrangement of streets in a subdivision. Appeal from Decisions of Administrative Offices in regard to certain elements of the Subdivision Ordinance, Subdivision for J. J. O'Keefe. Property is located at 800 Laskin Road. Plats with more detailed information are available in the Department of Planning. LYNNHAVEN BOROUGH. The application was DEFERRED for the City Manager to prepare information relative the location of the HILLTOP LOOP and the history of how this impacted property owners along the route. 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, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf and Nancy K. Parker Council Members Voting Nay: John L. Perry Council Members Absent: lione - 17 - Item II-H.l.c. PUBLIC HE@KRING PLANNING ITEM # 28552 Reverend Barnett Thoroughgood, President Seatack and surrouding Community C4-vic Leagues, 118 Erie Avenue, Phone: 425-8431, represented the applicant and his mother and advised the rear part of the property that his mother resides on be zoned R-5 to enable the construction of a single-family dwelling. Sani Houston, Sr., spoke in support of the application LCDR Mark Terrell, represented NAS Oceana, Phone: 433-2121 and spoke in OPPOSITION and advised the request represents an intrusion into the AIGUZ noise zone area. It lies 4@n Noise Zone 3 directly in the landing pattern for ,aunway 23. The Navy objected to the R-5 Zoning, an increase i.'l density in Noise Zone 3, which would establish a precedent. The Navy did riot oppose building a home there. Upon motion by Councilman Balko, seconded by Councilman Ileischober, City Council, DEFERRED an application of DEVON HOLLOWAY for a Variance to Section 4.4(b) of the Subdivision Ordinance pertaining to lots created by the subdivision must meet all requirements of the Zoning Ordinance; and, an Ordinance for a Change of Zoning: Appeal from Decisions of Administrative Offices in regard to certain elements of the Subdi-vision Ordinance, Subdivision for Devoi Holloway. Property is located at 309 South Birdneck Road. Plats with more detailed information are available in the Department of Planning. LYNNHAVEN BOROUGH. A N Dp ORDINANCE UPOIT APPLICATION OF DEVON HOLLLOI,,'-'Y FOR A CHANGE OF ZONTNIG DISTRICT CLASSIFICATION FROM I-1 TO R-5 Ordinance upon application of Devon Holloway for a Change of Zoniiig District Classification from I-1 Li-@,ht Industrial District to R-5 Residential District 200 feet more or less west of Soutli Birdneck Road beginning at a point 670 feet south of Beautiful Street. Said parcel is located at 309 South Birdneek Road and contai.ns 32,670 squal-e feet. Plats with more detailed infort-qation are available in the Department of Planning. LYNNHAVEN BOROUGH. - 18 - Item II-H.l.c. PUBLIC HEARING PLANNING ITEM # 28552 (Continued) This application has been DEFERRED for the staff, applicent and the City Attorney to confer for a resolution based on the comments of City Council. Councilwoman Henley inquired whether tlie applicant would be agreeable to having the balance of hi,@ property zoned P-1. There would be R-5 back to @ihere the two houses would be and then the balance instead of being zoned Industrial would be zoned P-1. This would keep the applicant fro-.n having an Industrial piece of property without any access. This would be a substantial change to the application. Councilman Baum advised, if the application rerqained as it was, a residue parcel of land exists that is practically worthless. Councilman Fentress advised the only thing the City would be accomplishing by rezo-'Iing to P-1 would be to eliminate the Dossibility of creating a Drecedent. Councilman Heischober advised the application return with both the subdivision and the rezoiiing haviag numerical descriptions and that Darticular portion which is I-1 a.,id shall remain I-1 could be put to record as a deed restriction without having @lo be rezoned to P-1 and then this would run with the land. Vice Mayor Oberndorl- advised the difference if sa,@ne was rezoned to P-1 the applicants would not be paying taxes on industrially zoned land and they would liave the advantage ol- having protected land. This would also protect the Navy's concern relative any add4ltional R-5 in this area at a later date. Councilnan Perry requested larger maps be presented accompanying the applications. Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baun, Robert @-'. Fentress, I'arold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf, @,,,Iancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent: None - 19 - Item IT-H.l.d. PUBLIC HEARING PLANNING ITEM 1-4 28553 14ichael Wood, 115 South Lynnhaven Road, Phone: 42-9160, represented himself and his father and advised approximately 4.5 acres were in the Floodway. The applicant is thus short 4.5 acres of useable land by legislative regulatiol. 5.6 acres of useable land remains to build upon. The applicant will pay their pro-rata share for signalization and displayed a potential alignment to assist in solving the traffic problem. The buyer is willing to build owner-occupied units. The applicant advised they would proffer 82 units, 15 units to the acre. The units would be three-stories in height. OPPOSITION: LCDR Mark Terrell, represented NAS Oceana, Phone: 433-2121, and advised the parc--l lies in AICUZ Noise Zone Three Kevin Ilalck, 1204 Renoir Court, Phone: 721-2080, Woods of London Bridge and Reagan Avenue, represented thirty-five (35) property owners. Lee A. Williams, 257 Doyle Way, Member of the New Hope Baptist Chu-ch adjacent to applicant's property. Arthur C. Jeffries, 3111 Sunflower Court, Phone: 486-4878 Reverend E. Re-y Cox, Sr., Phone: 486-8236, Mini-ster of liew Hope Baptist 1-hurch Upon rotion by Councilman Balko, seconded b,, Councilman Heischober, City Council DENIED Ordinances upon application of M.W. & M.W. INVESTMENTS, INC., Inc., a Virginia Corporation for Changes of Zoning: ORDINANCE UPON APPLICATION OF M. l@. & M. W. INVESTMENTS, IITC., a Virginia Corporation, FOR A CHANGE OF ZONING DIST@IICT CLASSIFICATION FROM R-5 TO A-2 Ordinance upon application of M. W. & M.W. Investments, Inc., a VA Corporation, for a ChanF,'e of Zoning District Classification from R-5 Residen-@ial District to A-2 Apartment District on certain ;Droperty located oi the southwest side of Reagan Avenue, 400 feet more or less northwest of Busk@ Lane. Said parcel contains 10 acres more or less. Plats with more detailed information are available in the Department of Planning. LYNNHAVEN BOiaOUGH. A N D, ORDINANCE UPON APPLICATION OF M. W. & M. W. INVESTMENTS, T!iC., a Virginia Corporation, FOR A CHANGE OF ZONII@G DISTRICT CLASSIFICATION FROM A-1 TO A-2 Ordinance upon application of M. W. & M.W. Investments, Inc., a VA Corporation, for a Change of Zoning District Classification from A-1 Apartment District to A-2 Apartment District on certain property located at the southwest intersection of Reagan Avenue and Old Great Neck Road. Said parcel contains 2174 square feet. Plats with more detailed information are available in the Department of Planning. LYI@INHAVEN BOROUGH. - 20 - Item III-H.l.e. PUBLIC HEARING PLANNING ITEM # 28553 (Continued) 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, Nt,-ncy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent: No-,qe - 21 - Item III-H.l.e. PUBLIC HEARING PLANNING ITEM 7@r 28554 Attorney Charles Salle', 192 Ballard Street, Phone: 490-3000, represented the applicant and advised publ4lc restrooms would be provided, Category I screening would be installed betweei the commercial site and the adjacent residential area. Attorney Salle requested in lieu of a dedication, a reservation agreement be provided which would give the right to the City to acquire the land at any time at no cost. Attorney Salle' advised there was only one single curb cut for this facility and the Sovran Bank Letter from the Vista Point Condominiiim Association, dated December 21, 1987, in support of the applicatio,,i is hereby made a part of the record. Upon motion by Councilman Balko, seconded by Vice tlayor Oberndorf, City Counci-i ADOPTED: ORDINANCE UPON APPLICATION OF U4OCO OIL COMPAIIY FO,@ A CONDITIONAI- USE PERMIT FOR AN AUTOMOBILE SERVICE STATTON (gas pumps & supply only) R012871101 BE IT HEREBY ORDAINED BY THE COU@TCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Amoco Oil Company for a Conditional Use Permit for an autotqobile service station (gas pumps & supply only) in conjunction with a convenience store aiid a car wash on certain pi,oeprty located at the southeast corner of Shore Drive and Starfish @qoad. Said parcel contains 25,000 square I-eet more or less. Plats with more detailed in@-ormation are available in the Department of Planning. LYNNHAVEN BOROUGH. The following conditions shall be reouired: 1. A solid fe-@ice or masonry wall not less than six (6) feet in height with Category I plant material along the outside face of the enclosure shall be provided along the southern boundary line where i@, abuts the existing residential zoned properties. 2. A variable width right-of-way dedication reservation, at no cost to the City, for twenty- one years is required along Shore Drive to establish an eight (8) lane divided roadway with bikeway as per the Master Street and Highway Plan. (The reservation agreement shall be provided by the applicant and assure the City's right to the reservation with no cost involved). 3. This property shall share access on Shore Drive with Sovran Bank. 4. There shall be a separate right turn lane into the property. 5. AD licant will comply with the Sign Ordinance. @p - 22 - Item II-H.l.e. PUBLIC HF.ARING PLANNING ITEM # 28554 (Continued) This Ordinance shall be effective upon the date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty- first day of December, Nineteen Hundred and Eighty-seven. 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. Oberndorl@, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent: None - 23 - Item III-H.l.f PIJBLIC HEARING PLANNING ITEM +' 28555 Attorney R. Edward Bourdon, Pembroke One Building, Fifth Floor, Phone: 499- 8971, represnted the applicant, and advised an existing street was not being closed it is a right-of-way that is currently Dr. Bruckner's driveway and a grassy area. Attorney Bourdon further advised of an error contained in City Council's agenda. The total number of square footage represented by this 159-foot lolig, 15-foot wide strip of land is 2,385 square feet. Of that total square footage 1800 square feet represent the driveway. Dr. Joe Bruckner, 3411 Whaler Court, Phone: 481-2800, represented himself Jane Bruckner, 3411, VJhaler Court, Phone: 481-2800, registered but did not speak. Upon motion by Councilman Balko, seconded by Councilman Baum, City Council CHANGED STEET CLOSURE TO ENCROACHMENT OF FIFTEEN (151) FEET FOR A FFNCE (details shall be worked out with City Staff) AND APPROVED ENCROACHMENT WITH STANDARD CONDITIONS. Application of Dr. and Mrs. V. J. Bruckner for the discontinuance, olsoure and abandonment of a portion of Ebb Tide Road begining at the northeast intersection of Cape Henry Drive and Ebb Tide Road and running in a northerly direction a distance of 159 feet more or less. Said parcel is 15 feet in width and contains 2391 square feet. 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 Votiig Nay: None Council Members Absent: None - 24 - Item II-I.l. RESOLUTION ITF-1@l # 285lr6 Upon motion by Councilman Heischober, seconded by Vice Mayor Oberndorf, @ity Council ADOPTED: Resolution supporting legislation which will designate property o@Tned by Marion Manor, Inc. as being EXEMPT from State and Local taxation. Voting: 11-0 Council 14embers Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert '@. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf, Ilancy K. Parker a,,id John L. Perry Council Members Voting Nay: lione Council Members Absent: None Tliis iter@i ilas MOVED FORWARD on @uhe A'@ENDA Drior to the PLANNING ITEMS. A RESOLUTION SUPPORTING LEGISLATION WHICH WILL DESIGNATE PROPERTY OWNED BY MARIAN MANOR, INC. AS BEING EXEMPT FROM STATE AND LOCAL TAXATION WHEREAS, property located in the City of Virginia Beach and owned by Marian Manor, Inc. is currently subject to ad valorem taxation; and WHEREAS, Marian Manor, Inc. has requested the Council of the City of Virginia Beach to adopt a resolution in support of its request that the General ASsembly act in accordance with Article X, S 6(a)(6) of the Constitution of Virginia to designate the property of Marian Manor, Inc. as being exempt from state and local taxation; and WHEREAS, pursuant to SS 30-19.04 of the Code of Virginia the Council of the City of Virginia Beach has held a public hearing prior to the adoption of this Resolution and has given all citizens an opportunity to be heard; and WHEREAS, the Council of the City of Virginia Beach has examined and considered the provisions of subsection (b) of SS 30- 19.4 of the Code of Virginia; and WHEREAS, the Council of the City of Virginia Beach is of the opinion that Marian Manor, Inc. should be designated as a benevolent corporation within the context of S 6(a)(6) of Article X of the Constitution of Virginia, and that property located in the City of Virginia Beach owned by Marian Manor, Inc. and used by it exclusively for benevolent purposes on a nonprofit basis should be exempt from state and local taxation. THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH: That the Council of the City of Virginia Beach supports the enactment of legislation involving the designation of Marian Manor, Inc. as a benevolent corporation within the context of SS 6(a)(6) of Article X of the Constitution of Virginia, and that property owned by Marian Manor, Inc., which is located within the City of Virginia Beach and used exclusively for benevolent purposes on a nonprofit basis, be declared exempt from state and local taxation. Adopted by a majority of the Council of the City of Virginia Beach on the Al@@ day of December 1987. GLF/rab SIGNAIURE .4,1;1 DEPA@@iME T ")PROVED ,iS TO @ EGAL ,,t SU,-FICIENC@AL\ID FCRM CITY AT-i /.t - /0 2 SS 30-19.04 Gl,,-Nl@'l@Al, ASSEMI31,)' ANI) OFFIC@Eli.@ Tlll:,'E@@O@ SS 30-19.04 'i@h(@ 19S7 amendmerit tenc!e, which foriiierl@, read "Thf, period re- (,r et,) oi- (@f anv" prec,-(Iitig quirt@d [,.N nny st,attilt, (,r rule for the filing of @ion, (o@lyicil, in claiist, (ii, ,f th,- an.v pleading or ti,e performance of any act f-irst stil,stittit(@d (i@,v i(li r(,]@ititig tli(@i-(@to sl@@ill [,(- t@xtended until thirty dii@s" in the pron,iso at tlle e.j (,l til(, dEiN,s aft(@r any sucli session.'@ fil,.,t sent,l)c(,, kir)d re%N,t,ote the s(@c@)rid @ii- SS 30-19.04. Legislati-,,e designation of associations, organizations, etc., exeml)t fi-oin taxation; resolutioll of local governing body re- quired. - A. Wheii aiiy legislatioii invoIN,ing the designation of property to be ex(?iiipted fi,om t@ixatioii pui@suaiit to Article X, Sectioii 6 (a) (6) of the Constitutioii of@ Vii-ginia is i,eferi-ed to a conimittee of the General Assembly, the chaii-mlin of the coniryiittee sliall i-equire, prior to consideration by the conimittee of ti3e legislation, a i,esolution adopted, in accoi,dance with the requii,eiiients of' subsection B, b@, the governing body of the county, city or town N@,herein sucli property i,@ situatc@d supporting or refusing to support such exemption or evidence tliat a fornial and timely request bas been made to the governing body of such county, city or town for the adoption of such resolution and the governing body thereof has failed to act on the request or otherwise refused to adopt such a rcsolution. B. The resolutic)n requii-ed b.), subsection A shall be adopted only after holding a public liearijig witli respect tliereto, at A,hich citizens shall have an oppoi-tunit), to I)e heard. Before adoptiiig any such resolution the gc,verning bod@, shall consider tlie folloN@7iii, questions: 1. @Nlhether the organization is exempt froin taxatioii pursuant to @ 501 (c) of the Internal Revenue Code of 1954; 2. N@'hethei- a current aiinual alcoholic beverage license for serving alcoliolic beverages lia,,; been issued by the Alcoholic Beverage Control Board to sucli organizatioil, fol- use oil such property; 3. 'Alliethei, any dii,ector or officer of the organization is paid comp(@nsation in excess of a reasonable alloA@ance for salaries or other compensa.tion for personal services which such directol' or officer actually renders; 4. Whether any part of tlie net eariiings of such organization inures to the benefit of any individual, and whetliei@ any significant portion of the service provided by such organization is generated by funds received from donations, conti@ibutioiis oi, local, state or federal grants. As used in this subsection, donations sliall include the providing of personal services or the contribution of in kind oi, other material services; 5. Wliether the oi,ganizatioii provides services for the common good of the public; 6. Whether a substantial part of the activities of the organization involves carryiTig oii pi-opaganda, or othei-wise attempting to influence legislation and whethei@ the organization I)ai-ticipai,es in, or intervenes in, any political campaigii on behalf of an'v candidate foi, public office; 7. No i-ule, regulation, policy, or pi@actice of the organization discriminates on the basis of religious conviction, race, color, sex or national origin; and 8. Aiiy othei- critei@ia, facts and cii,cumstances which the governing body d(-@ems pertiiient to the adoption of sucil resolution. C. An,@7 resolution adopted pui@,.,,uant to this section shall state thei-ein that the pi,o%7isions of stil)section B ha%,e been examined and con,,idered by the local governiTIg body. If tl)(@ count,@', city ol@ town supports exemption, tile resolution shall also include i i-ecomiiiendatioii to the General Assenibly for a specific classificiitioii (i,eligious, charitil@)](@, 1),,iti,iotic, histoi-ical, benevolent, cultural or pul)lic p@,ii@k an(] pl@iygi-ouncl), D. 9'li(! (,@n@ictineilt of ally ('Xeiiil)ting an orginiz,,ition from taxation by dc,sigiiitioii is I)T@ovi(]('(i li@@i-ein sliiill 1)(- c()ii(-Iusivc- proof'tll,,It the provisions of@ tlii.,; s(@ctioll (1980, L-. 327; c. 338.) 109 STATE OF VIRGINIA; CITY OF VIRGINIA BEACH, to wit; A F F I D A V I T THIS DAY came Mary Ellen Cox, President of Marian Manor, Inc., a Virginia not for profit corporation, and after being duly sworn according to law, states as follows: 1. I am President of Marian Manor, Inc., a Virginia not for profit corporation. 2. 1 am authorized to make this Affidavit. 3. That I am fully familiar with the plans of Marian Manor, Inc., in developing housing for the elderly (home for adults) at 5345 Virginia Beach Boulevard, Virginia Beach, Virginia. 4. Marian Manor is exempt from taxation pursuant to Section 501 (c) (3) of the Internal Revenue Code of 1986. 5. An alcoholic beverage license for serving alcoholic beverage has not been issued by the Alcoholic Control Board to the Corporation for use on said property nor does the Corporation intend to apply for same. 6. No director or officer of the Corporation is paid compensation in excess of a reasonable allowance for salaries or other compensation for personal services actually rendered by such officers or directors. 7. No part of the net earnings of the Corporation inure to the benefit of any individual, and no significant portion of the service provided by the Corporation is generated by funds received from donations, contributions, or local, state or federal grants. 8. The Corporation will provide services for the common good of the public in creating housing for the elderly. 9. A substantial part of the activities of the Corporation do not involve carrying on propaganda or otherwise attempting to influence legislation, nor does it participate in or intervene in any political campaign on behalf of any candidate for public office. 10. No rule, regulation, policy or practice of the Corporation discriminates on the basis of religious conviction, race, color, sex, or national origin. Mary El STATE OF VIRGINIA; CITY OF VIRGINIA BEACH, to wit; The aforesaid was Sworn, Acknowledged and Subscribed to before me by Mary Ellen Cox, on this C7 P- day of December, 1987. )i (,- ,C Notary Public My commission expires: ANDEIISON AND PADIRILCK ATIO@..@. A@. CO@..@ll.@. @T L@@ C@RT.. R J- BEACH TowER SUITE 500 T...@S P..Rl- IR 3330 PACIFIC AVENUE P. 0. BOX 1626 WILLIA. THO.@S, IR ll..INIA L COCHRA@ VI]ROINIA BEACII,VIR(;INIA 23451 STE@ART M @AH.- @l.IT. L. O.E@.LATT (8 04) 4 91- 210 0 .1 WILII@. IAR@EL BILLI A.F.AN@Ll@ IAM" 1. SI. L@IR E@ T, ....A.A@. 111@@ November 27, 1987 MN 27 Gary Fentress, Esq. Assistant City Attorney City of Virginia Beach DEP-T- OF- I-AW municipal Center Virginia Beach, Virginia RE: Property Tax Exemption marian manor, Inc. Dear Mr. Fentress: We are counsel to Marian Manor, Inc., a Virginia not-for- profit corporation (the "Corporation") established to own and operate a residential facility for the elderly. The sole member of the Corporation is the Catholic Diocese of Richmond, Virginia. The purpose of the Corporation is to help meet the physical, social, and emotional needs of the elderly and handicapped. As a corporation organized for charitable purposes and under the auspices of the Roman Catholic Church, Marian Manor, Inc. is exempt from Federal income taxation under Section 501(c)(3) of the Internal Revenue Code of 1986, as amended. The City Council has previously granted the Corporation a use permit for this project. The City Planning Department has all of the relevant physical aspects of this development on file. Based solely upon information provided us by officers, directors, or consultants of the Corporation, we can advise the following regarding Marian Manor, Inc.: 1. That the Corporation is exempt from taxation pursuant to Section 501(c) of the Internal Revenue Code of 1986 (a copy of the ruling of the Internal Revenue Service is attached); ANDEItSON AND PADIL?IECK Page 2 Gary Fentress, Esq. November 27, 1987 --------------------- 2. That an alcoholic beverage license for serving alcoholic beverages has not been issued by the Alcoholic Control Board to the Corporation for use on such property nor does the Corporation intend to apply for saine. 3. That no director or officer of the Corporation is paid compensation in excess of a reasonable allowance for salaries or other compensation for personal services actually rendered by such officers or directors; 4. That no part of the net earnings of the corporation inure to the benefit of any individual, and no significant portion of the service provided by the corporation is generated by funds received from donations, contributions, or local, state or federal grants; 5. That the Corporation provides services for the common good of the public; 6. That a substantial part of the activities of the Corporation do not involve carrying on propaganda or otherwise attempting to influence legislation, nor does it participate in or intervene in any political campaign on behalf of any candidate for public office; and 7. That no rule, regulation, policy, or practice of the Corporation discriminates on the basis of religious conviction, race, color, sex, or national origin. Due to the nature of this project, we are of the opinion that it is appropriate for it be exempted from taxation pursuant to Article X, Section 6(a)(6) of the Constitution of Virginia; and in accordance with the requirements thereof, we ask that the City Council of the City of Virginia Beach adopt a resolution supporting this exemption. ANDI@USON AND PAI)RICii Page 3 Gary Fentress, Esq. November 27, 1987 ---------------------- Enclosed is a proposed draft of a resolution of the City Council in support of this exemption for your consideration. Please do not hesitate to contact either Stewart M. Kahn or myself if you have any questions or additional requirements concerning this matter. Very truly yours, ANDERSON AND PADRICK H. Thomas Padrick, Jr. HTPjr:rfp Enclosure - 25 - Item II-J. CONSENT AGENDA ITF14 # 28557 Upon motion by Councilman Moss, seconded by Councilman Heischober, City Council APPROVED in ONE MOTION Items 1 and 2 of the CONSENT AGENDA. 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 Abstaining: Reba S. McClanan and Nancy K. Parker VERBALLY ABSTAINED on Item II-J.1 as they are Members of the Clean Community Commission. Council Members Absent: None - 26 - Item II-J.1. CONSENT AGENDA ITEM 14@- 28558 Upon notion by Councilman @loss, seconded by Couiicilman Heischober, City Council ADOPTED upon SECOND READIIIG: Ordinance to APPROPRIATE a $4500 grant from the Division of Litter Control for the tenth year and the exdansion of the Clean Commi@nity Program. Voting: 9-0 Council Members Voting Aye: Albert W. Balko, John A. Bauri, Robei@t E. Fentress, Harold Heischobe-, Barbara M. Henley, @,iayor Robert G. Jones, John D. Moss, Vice Mayor Meyera E. Oberndorl- and John L. Perry Council Members Voting Nay: None Council Members Abstaining: Reba S. McClanan and Nancy ,@. Parker* Council Members Absent: None *VERBALLY ABSTAINED c)n Item II-J.1 as Councilwomen McClanan and Parker are Members of the Clean Community Comm4-ssion. 7Q -fF.' T pF!@ 2 ORDINANCE APPROPRIATIONS $4500 FROM TUE DIVISION OF LITTER CONTROL FOR THE CLEAN COMMUNITY PROGRAM WHEREAS, the Council of the City of Virginia Beach recognizes the existence of the litter problem within the City; and WHEREAS, the Litter Control Act of 1976 provides the Department of Conservation and Economic Development, Division of Litter Control, grants for the purpose of enhancing local litter control programs; and WHEREAS, the Virginia Beach Clean Comunity Program is in its tenth year of funding under this program. NOW, THEREFORE, BE IT ORDAlNE6 BY TIJE COUNCLL OF TIIE CITY OF VIRGINIA BEACH that $4500 is hereby appropriated for an expansion of the Clean Community Program within the City; and BE IT FURTHER ORDAINED that revenue from Lhe Commonwealth be increased by $4500. This ordinance shall be effective from Lhe date of its adoption. Adopted by the Council of the City of Virginia Beach, Virginia on the 21 day of Decemb9rl987. FIRST READING: December 14, 1987 SECOND READING: December 21, 1987 - 27 - Item II-J.2. CONSENT AGENDA ITFM # 28559 Upon motion by Councilman Moss, seconded by Councilman Heischober, City Council ADOPTED: Ordinance appointing viewers in the petition of Leon Hodges, Florine Johnson and Shepherd Drewry for the closure of a portion of Holly Road (Virginia Beach Borough). The viewers are: David Grochmal Director of General Services C. Oral Lambert, Jr. Director of Public @lorks Robert J. Scott Director of Planning 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 ORDINANCE APPOINTING VIEWERS WHEREAS, H. Leon Hodges, Florine W. JohTison, and W. Shepherd Drewry, Jr., Co-Trustees of the Estate of Frances McClellan Page, have given due and proper riotice, in accordatice with the statutes for such cases made atid provided that they will, on the 21st day of December, 1987, apply to the City Council of the City of Virginia Beach, Virginia, for the appointment of Viewers to view the below-described property atid report in writ!Tig to the Council whether, in the opi?lioti of said Viewers, what inconvenience, if any, would result from the discon- tinuance of the hereinafter described portioti of that certain street of variable width, and has filed such application with said Couricil. NOW, THEREFORE, be it ORDAINED by the Council of the City of Virgi@a Beach, Virginia-. THAT C. ORAL LAMBERT, JR., ROBERT J. SCOTT, AND DAVID GROCKMAL are hereby appointed to view the below-described property and report in writing to the Council, as soon as possible, whether in their opinion, what iricorivenience, if any, would result from the discorititiuirig aid vacati?ig of a portion of that certain street of variable width located iri the City of Virgiriia Beach, Virginia, and more particularly described as follows: All that certain portion of Holly Road (M.B. 5 PT. 2 P. 151) proposed for street closure and shown as the shaded area on a certain plat etititled "STREET CLOSURE PLAT AND PHYSICAL SURVEY WESTERN 251 OF LOT 177 LOTS 178 and 179 and the WESTERN 251 OF LOT 204 LOTS 205, 206, 207, a?id 208 and a JIB LOT WEST OF LOT 179 HOLLIES M.B.6 P.107 AND LOCATION OF HOLLY RD. AS SHOWN ON MAP OF LINKHORN PARK MB 5 PT2 P151 VIRGINIA BEACH BOROUGH, VIRGINIA BEACH, VA." dated August 17, 1987, revised Oct. 12, 1987, Oct. 20, 1987, and Nov. 13, 1987, and prepared by Gallup Surveyors & Engirieers, Ltd. There is excepted from this parcel that area of 151 larie as showti on the map of the Hollies recorded iri M.B.6 P.107 which crosses said area of proposed closure. The above-referericed STREET CLOSURE AND PLAT AND PHYSICAL SURVEY is attached hereto and made a part hereof and is iriterided to be recorded with the Ordiriance closirig the aforedescribed street. IN THE rdATTER OF CLOSING, VACATING, AND DISCONTINUING A PORTION OF THAT CERTAIN STREET, KNOWN AS HOLLY ROAD, AS SHOWN AS THE SHADED AREA ON THAT CERTAIN STREET CLOSURE PLAT AND PHYSICAL SURVEY, WHICH IS ATTACHED HERETO. PETITION TO: THE MAYOR AND THE MEMBERS OF THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Your Petitio?iers, H. Leon Hodges, Florine W. Johnson, and W. Shepherd Drewry, Jr., Co-Trustees of the Estate of Frances McClellan Page, by counsel, respectfully represent as follows: 1. That pursuant to the provisions of Section 15.1-364 of the Code of Virginia (1950), as amended, the Petitioners apply for the vacating, closing, ayid discontinuance of a portion of that certain street, which is more specifically described as follows: All that certaiti portion of Ilolly Road (M.B. 5 PT. 2 P. 151) proposed for street closure and shown as the shaded area on a certain plat entitled "STREET CLOSURE PLAT AND PHYSICAL SURVEY WESTERN 251 OF LOT 177 LOTS 178 and 179 and the WESTERN 251 OF LOT 204 LOTS 205, 206, 207, atid 208 atid a JIB LOT WEST OF LOT 179 HOLLIES M.B.6 P.107 AND LOCATION OF HOLLY RD. AS SHOWN ON MAP OF LINKHORN PARK MB 5 PT2 P151 VIRGINIA BEACH BOROUGH, VIRGINIA BEACH, VA." dated August 17, 1987, revised Oct. 12, 1987, Oct. 20, 1987, and Nov. 13, 1987, and prepared by Gallup Surveyors & E?igirleers, Ltd. There is excepted from this parcel that area of 151 larle as shown on the map of the Hollies recorded in M.B.6 P.107 which crosses said area of proposed closure. The above-referenced STREET CLOSURE PLAT AND PHYSICAL SURVEY is attached hereto a?id made a part hereof and is interided to be recorded with the Ordinarice closirig the aforedescribed street. 2. That rio inconvenierice will result to any persons by reasori of said closirig, vacation and disconti?iuance of said street; and the Petitioners pray that this Honorable Couricil appoiit Viewers as provided by law to view said platted street proposed to be closed and to report in writirig to the Council on or before the 21st day of December, 1987, as to whether in the opinion of said Viewers, what inconvenience, if aTiy, would result from the discontinuance and closing of this portion of said street as herein reported and described. 3. That on the day of 1987, and on the day of 1 1987, Tiotice of the presenting of this application was published iri the Virginia Beach BeacoTi, a Tiewspaper of general cir- culation iTi the City of Virgi?lia Beach, Virginia. 4. That the fee simple owriers of all land along and adjacerit to and affected by said portion of the platted street are your Petitioriers hereiti. RESPECTFULLY SUBMITTED: H. LEON HODGES, FLORINE W. JOHNSON, AND W. SHEPHERD DREWRY, JR., CO-TRUSTEES OF THE ESTATA OF FRAN MCCLELLAN PAME B, Of @outisel Stepheyi J. Kecskes Lyle, Siegel, Drescher & Croshaw, P.C. Tenth Floor One Columbus Center Virgiriia Beach, Virginia 23462 (804) 490-6000 SJK/7321.3.C LEGAL DESCRIPTION All that certai?l portioyl of Holly Road (M.B. 5 PT. 2 P. 151) proposed for street closure and shown as the shaded area on a certai?i plat entitled "STREET CLOSURE PLAT AND PHYSICAL SURVEY WESTERN 251 OF LOT 177 LOTS 178 ayid 179 and the WESTERN 251 OF LOT 204 LOTS 205, 206, 207, atid 208 and a JIB LOT WEST OF LOT 179 HOLLIES M.B.6 P.107 AND LOCATION OF HOLLY RD. AS SHOWN ON MAP OF LINKHORN PARK MB 5 PT2 P151 VIRGINIA BEACH BOROUGH, VIRGINIA BEACH, VA." dated August 17, 1987, revised Oct. 12, 1987, Oct. 20, 1987, and Nov. 13, 1987, and prepared by Gallup Surveyors & ETigiyieers, Ltd. There is excepted from tl-ds parcel that area of 151 1&Tie as show?i ori the map of the Hollies recorded iri M.B.6 P.107 which crosses said area of proposed closure. A copy of the above- referenced STREET CLOSURE PLAT AND PHYSICAL SURVEY is attached hereto atid incorporated by reference. SJK/7321.5.C LYLE, SIEGEL, DRESCHER & CROSHAW ATTORNEYS AT LAW L. LILE, IR. ONE COLUMBUS CENTER -ICI.EL G, .@ANDT LAW.ENCE R. IEG@L IOH. W.D.@.C.ER POST OFFICE BOX 61888 D-10 S. R@0I.ER GLENN ..@.OS@- VIRGINt.BE.CH,VA.23.62 ETTY . IC.ELSON RICHARD C. EAL. ILLIA. .. ISCHOFF .AVI. N. REOA TELE@O@IER @..-.167 T.VE. 1. ARWOOD' MARK @. MIT. ISAN C.@LPER I.NAT.A@ L...U$E@ TELEX ..1411 TEP..N 1. KEC@@.. ..YNE G. OUZA I.ME. @. LCWI. TELE@.ONE ..O-.00@ LE.LIE R. -SON -1 -.UNSEL .'.ECT .1@L 490-63 OWEN S. IIC@.TT CERTIFICATE OF VESTING OF TITLE E--R. S. GA@CIA, IR. 1, Stephen J. Keeskes, attorney for H. Leon Hodges, Florine W. Johnson, and W. Shepherd Drewry, Jr., Co-Trustees of the Estate of Frm,e, McClellan Page, do hereby certify that: 1. I am an attorney at law licensed to practice law in the Commonwealth of Virginia and represent H. Leon Hodges, Florine W. Johnson, and W. Shepherd Drewry, Jr., Co-Trustees of the Estate of Fra,,e, McClellan Page, the petitioners herein. 2. If the street described below is discontinued, closed, and vacated by the Council of the City of Virginia Beach, Virginia, then title to said pro- perty will vest in H. Leon Hodges, Florine W. Johnson, and W. Shepherd Drewry, Jr., Co-Trustees, the holder of the underlying fee in said property. 3. The said street referred to herein is hereby described as follows: All that certain portion of Holly Road (M.B. 5 PT. 2 P. 151) proposed for street closure and shown as the shaded area on a certain plat entitled "STREET CLOSURE PLAT AND PHYSICAL SURVEY WESTERN 251 OF LOT 177 LOTS 178 and 179 and the WESTERN 251 OF LOT 204 LOTS 205, 206, 207, and 208 and a JIB LOT WEST OF LOT 179 IIOLLIES M.B.6 P.107 AND LOCATION OF IIOLLY RD. AS SIIOWN ON rvlAP OF LINKHORN PARK MB 5 PT2 P151 VIRGINIA BEACH BOROUGII, VIRGINIA BEACH, VA." dated August 17, 1987, revised Oct. 12, 1987, Oct. 20, 1987, and Nov. 13, 1987, and prepared by Gallup Surveyors & Engineers, Ltd. There is excepted from this parcel that area of 151 lane as shown on the map of the Hollies recorded in M.B.6 P.107,, which crosses area of proposed closu SJK/7321.6.C NOTICE PLEASE TAKE NOTICE, that at the meeting of the City Council of the City of Virginia Beach, Virginia, to be held on the 21st day of December, 1987, at 2:00 p.m., at the City Hall of the City of Virginia Beach, Virginia, Princess Anne Station, the undersigned, by counsel, wiR petitio7i the Council for the appoiritment of Viewers to view the below-described portiori of that certain street and report to the City Council whether in the opinion of the Viewers, what incon- venience, if any, would result from the vacating, closing and discon- tinuance of same, the said portion of said street being described as follows: All that certain portion of Holly Road (M.B. 5 PT. 2 P. 151) proposed for street closure and shown as the shaded area on a certairi plat entitled "STREET CLOSURE PLAT AND PHYSICAL SURVEY WESTERN 251 OF LOT 177 LOTS 178 and 179 and the WESTERN 251 OF LOT 204 LOTS 205, 206, 207, and 208 and a JIB LOT WEST OF LOT 179 HOLLIES M.B.6 P.107 AND LOCATION OF HOLLY RD. AS SHOWN ON MAP OF LINKHORN PARK MB 5 PT2 P151 VIRGINIA BEACH BOROUGH, VIRGINIA BEACH, VA." dated August 17, 1987, revised Oct. 12, 1987, Oct. 20, 1987, and Nov. 13, 1987, and prepared by Gallup Surveyors & Engineers, Ltd. There is excepted from tids parcel that area of 151 lane as shown on the map of the Hollies recorded 17.i M.B.6 P.107 which crosses said area of proposed closure. At that time, anyone affected may appear and preserit his views. After the report of the Viewers is received, at the next regular meeting of the City Council, or as soon thereafter as the matter may be placed oTi the agenda, the undersigned, by counsel, will petitio?i the City Council to vacate, close and discontinue that portion of Holly Road !Ti the City of Virginia Beach, Virgiriia, described above. H. LEON HODGES, FLORINE W. JOHNSON, AND W. SHEPHERD DREWRY, JR., CO-TRUSTEES OF THE ESTATE OF FRANCES MCCLELLAN PAGE B 01 iyounsell.' Stepherl J. Kecskes Lyle, Siegel, Drescher & Croshaw, P.C. Tenth Floor Oyie Columbus Center Virginia Beach, VirgiTlia 23462 (804) 490-6000 SJK/7321.1.C State of Virgirii'a to-wit AFFIDAVIT City of Norfolk This doy UNA SAWYER personolly oppeared before me and after being duly sworn made oath that: (1) (He) (She) is offidavit clerk of - --,- -Y T-Rgl@l PI O@T @LEDG@ AR o newspoper pubiished by Landmark Communications, Inc., in the cities of Norfolk, Portsmouth, Chesapeake, Suffolk and Virginia Beach, Stote of Virginio; (2) That the odvertisement hereto annexed of -@QT-LCL- has been published in said newspoper on the following dates: 11/22 29 19 __aZ AFFiANT Subscribed ond sworn to before me in my city and state aforesaid this 1st DEC day of i 9 87 My commission expires My Co@ssion Expires May 20,1991 el 19 TARY PUBLIC P, otici- St. di. Afl.r I H. LEON HOMES, MN@., AND Jo W SWE@@ HERD DREWRY, JR@, Co. TRUSTEES OF T.E ESTATE OF FRMCES MCCLEL"N PAGE B, St@ i. @ C.-I st.W' J@ K-- L,I., SW D@, & C- T-lh Fl., C -- Ce.l.r viroi.i. -4, 97 0 14 tb IN to zt to H. Leon Hodges, Florine W. Johnson and W. Shepherd Drewry, Jr. - portion of Holly Rd. - Va. Beach Borough. - 28 - Item II-K.l. APPOINTMENTS ITEM # 28560 Upon NOMINATION by Vice Mayor Oberndorf, City Council APPOINTED to the ARTS & HUMANITIES COMMISSION: Alice S. Mullen (Two-year unexpired term of Betty Wells thru 6/30/89) 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. @erry I Council Members Voting Nay: None Council Members Absent: None - 29 - Item II-K.2. APPOIN@TS ITEM # 28561 Upon NOMINATION by Councilman Balko, City Council REAPPOINTED to the COMMUNITY SERVICES BOARD: Martin V. Cornetti Mary Ellen Cox Gregory Stillman Robert L. Wick (For a three-year term from 1/1/88 to 12/31/90) 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 - 30 - Item II-K.3. APPOINTME,NTS ITFM # 28562 Upon NOMINATION by Councilwoman McClanan, City Council APPOINTED to the FRANCIS LAND HOUSE BOARD OF GOVERNORS: Charles R. Burke B. Bruce Taylor Cecilia D. Vail Karl Swartz Dolores A. Burke Judith K. Connors Lynne G. Farrell Gary Forest (For a three-year term from 1/1/88 - 12/31/90) AND, Changed Membership Status to Ex Officio: Reba S. McClanan (representing City Council) David Grochmal (City Staff) Harold Whitehurst (City Staff) 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 Perry Council Members Voting Nay: None Council Members Absent: None 31 - Item K. APOINTMENTS ITEM # 28563 Upon NOMINATION by Councilman Heischober, City Council REAPPOINTED to the PLANNING COMMISSION: Judith Dockery (At Large) (For a Four-year term from 1/1/88 - 12/31/91) 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: Yone Council Members Absent: None - 32 - Item II-K.5. APOINTMENTS ITEM # 28564 Upon NOMINATION by Councilman Heischober, City Council REAPPOINTED to the PLANNING COMMISSION: Daniel J. Arris (Bayside Borough) (For a Four-year term from 1/1/88 - 12/31/91) Voting: 10-1 Council Members Voting Aye; Albert W. Balko, John A. Bau,.n, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: John D. Moss* Cou,icil Members Absent: None *Verbal Nay - 33 - Item II-K.6. APPOINTMFNTS ITEM # 28565 Councilman Heischober NOMINATED for RFAPPOINTMFNT to the PLANNING COMMISSION: F. Donald Reid (Kempsville Borough) Councilman Moss NOMINATED for APPOINTMENT to the PLANNING COMMISSION: Colonel John W. Balchunis (Kempsville Borough) Council Members Voting for F. Donald Reid: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Mayor Robert G. Jones, and John L. Perry Council Members Voting for Colonel John W. Balchunis Barbara M. Henley, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf and Ilancy K. Parker Council Members Absent: None By a Vote of 6-5, City Council REAPPOINTED to the PLANNING COMMISSION: F. Donald Reid (Kempsville Borough) (For a Four-year term 1/1/88 - 12/31/91) - 34 - Item II-K.7. APPOINTMEliTS ITEM # 28566 Upon NOMINATION by Councilman Fentress, Citv Council REAPPOINTED to the SCHOOL BOARD: John A. Fahey (Lynnhven Borough) (For a three-year term from 1/1/88 - 12/31/90)) Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. B,,,um, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert -@. Jo,ies, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorl@, ',iancy K. Parker -nd John L. Perry Council Members Voting Nay: None Council @@4embers Absent: None In Compliance with the Conflict of Interest Act, Councilman Moss advised his wife is a School Teacher in the City of Virginia Beach, but same does not impa"r his judgment to vote representing the public's interest. - 35 - Item II-K.8. APPOINTMENTS ITEM # 28567 Upon NOMINATION by Councilman Fentress, City Council REAPPOINTED to the SCHOOL BOARD: Robert W. Clyburn (At Large) (Three-year term 1/1/88 - 12/31/90) James M. Fletcher (At Large) (Three-year term from 1/1/88 - 13/31/90) Laura M. Tebault (Blackwater Borough) Three-year term from 1/1/88 - 12/31/90) Voting: 9-2 Council tiembers Voting Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara vi. 1'enlev, Mayor Robert G. Jones, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Counci-1 l@lembers Voting Nay: Reba S. McClanan and John D. Moss* Council Members Absent: ITione *Verbal Nay Tn Co-@,qpliance with the Conflict of Interest Act, Councilman Moss advised his wife is a School Teacher in the City of Virginia Beach, but same does not impair his jud.@ment to vote representing the public's interest. - 36 - Itein II-K.g. APPOINT14ENTS ITEM # 28568 Upon NOMINATION by Councilwoman Parker, City Council REAPPOINTED to the SOUTHEASTERII VIRGINIA APEAWIDE @40DEL PROGRAM Board of Directors: Mary Hughes (For a Four-year term 1/1/88 - 12/31/91) A N D. APPOINTED: Madeline B. Nevala (For a Four-year term 1/1/88 - 12/31/91) AND, GRAITGED MEt4BERSHIP STATUS to Ex Officio: Samuel Houston, Sr. (Samuel Houston has served his maximum term under present City Policy) Voting: 11-0 Council Members Votin., Aye: Albert W. Balko, John A. Baum, Robert E. Fentress, Harold Heischober, Barbara M. Henley, ,Iayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Menibers Voting ,Tay: None Council Members Absent: ,None - 37 - Item II-K.10. APPOINTtIENTS ITEill # 28569 BY CONSENSUS, City Council RESCHEDULED APPOINTMENTS @lo the TIDEWATER DETENTION HOME until the City Council Meeting of JanuarY 4, 1987. - 38 - Itec IT-K.11 APPOINTMENTS ITEM # 28570 E. George Minns, 928 Lamplight Lane, Phone: 486-6479, spoke in favor of the appointment of Nanette Hilli-ard Nanette H. Hilliard, 205 South Bird-,leck Road, Phone: 428-0449, wished to be considered for appointment to the VIR-.INIA BEACH COI,24UNITY DFVELOPMENT CORPORATION. Upon NOMINATION by Councilmaii Perry, City Council REAPPOINTED to the VIRGINIA BEACIi COMMUNITY DEVELOPMENT CORPORATION Flora M. Haynie (For a Four-year term 1/1/88 - 12/31/91) Dorcas Helfant (For a Four-year term 1/1/88 - 12/31/91) Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baun, Robert E. Fentress, Harold Heischober, Barbara M. Henley, Mayor Robert G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor Meyera E. Oberndor@-, @@Tancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Absent: I .qone - 39 - Item II-K.13 APPOINTMENTS ITEM # 28571 BY CONSENUS, City Council CONFIRMED APPOINTM-ENT of the VIRGINIA BFACH CIRUCIT COURT to the BOARD OF ZONING APPEALS: James A. Wood Five Year Term January 1, 1988 through December 31, 1992 - 40 - Item II-L.l. TIDEWATER COMMUNITY COLLEGE ITEM # 28572 Dr. George Pass, PRESIDENT of TIDEWATER COMMUNITY COLLEGE presented the ANNUAL REPORT. Dr. George Pass distributed the 1986-87 ANNUAL REPORT, a catalo@ for 1987-88 and the Winter Class Schedule for the Session comnericing January Fourth. TIDEWATER COMMUNITY COLLEGE had an enrollment, for the first time this year, which exceeded 17,000 students. During the course of this academic year, TIDDIATER COI@4[JNITY COLLEGE will serve in excess of 26,000 different individuals in the TIDEWATER area. The Virginia Beach cartipus for the fi-rst time this vear had an enrollment which exceeded 10,000. The Library Learning Resources Center Expansion is in the final stages of completion at the Virginia Beach Campus, a project funded by State Funds with local funds by the City of Virginia Beac"i. This construction project totaled just under $2-MTLLION. Funding is anticipated in tie 1988 Session for a class room laboratory structure at the Beach campus. During this past year, over 500 City employees were enrolled in various class activites a+, the Beach Campus. A reception was hosted for the American Society of Public Administrators. The Beach campus was utilized for classes from the Virginia Beach Department o@' Transportation as a part of the Road Inspector's Training Program and the TIDEWATER COMMUNITY COLLEGE is involved actively in econo,,nic develop,,nent. The Employee Training Technology Transfer Program is one of eight in the Commonwealth cf Virginia. The Grammar Hotline has been referenced in fifty-six publications nationwide during the past nine months. The Respitory Therapy Program which is nationallv accredited was reaffirmed in it accredia@.ion this year. The Medical Record's Program, which is nationally accredited, resulted in 100% of the graduates passing the National Exam, nine students of which made -,lie second highest score in the Nation. - 41 - Item II-M. ADJOURNMENT ITEM # 28573 Upon motion by Councilman Baum and BY ACCLAMATION, City Council ADJOURNED the Meeting at 6:05 P.M- Beverfy 0. Hooks Chief Deputy City Clerk @th Hodge-s Smith, CMC bert d. City Clerk Tyor City of Virginia Beach Virginia