HomeMy WebLinkAboutNOVEMBER 17, 1986 MINUTES
"WORLD'S LARGEST RESORT CITY"
C@ COUNCIL
MAYOR ROBERT G. JONES, A@ L,,g@
VICE MAYOR MEYEM E. OBE@DORP, Al L.,g,
ALt3ERT W BALKO, L,@,h.... B-@.gh
JOHN A. BAUM, BI.,k..,, B-.,h
ROBERT E FENTRESS, Vi@gi@i@ B .. h B-.,h
HAROLD HEISCHOBER, A, L,,,
BARBAM M HEN@Y, P@@g. @@.gh
REBA S M,C@NAN, Pi-@,, A... 8-@@gh
JOHN D MO@, K,@,@ill, B,@,h
NANCY K PARKER, Al @,,,
JOHN L. PERRY, B,,,@ B-..gh
281 CITY HALL BUILDING
MUNICIPAL CENTER
R(JTH HOL)GES SMITH, CMC, Cil, Clk CITY COUNCIL AGENDA VIRGINIA BEACH, VIRGINIA 23456-9002
(804) 427 4303
November 17, 1986
VIRGINIA BIKACH CITY COUNCIL
ITEM I. INFORRAL SESSION: VIRGINIA BEACH CITY COUNCIL Conference Room - 12:00 PM
A. CALL TO ORDER - mayor Robert G. Tones
B. ROLL CALL OF COUNCIL
C. CONCERNS OF CITY COUNCIL
D. CITY MANAGER'S INFORMAL BRIEFINGS
1. SUBSTANCE ABUSE IN VIRGINIA BEACH
Mr. Hector A. Rivera, Assistant City Manager for Human Services
2. SANDBRIDGE RESOLUTIONS
3. 1987 LEGISLATIVE PACKAGE
E. MOTION TO RBCRSS INTO EXECUTIVE SESSION
ITEM II. FORKAL SESSION: VIRGINIA BRACE CITY COUNCIL - Council Chambers - 2:00 PM
A. INVOCATION: Reverend Louie Andrews, III
Bow Creek Presbyterian Church
B. PLEDGE OF ALLBGIANCE TO THE FIAG OF THE UNITED STATES OF AMERICA
C. EL.ECTRONIC ROLL CALL OF CITY COUNCIL
D. ADOPTION OF ITEMS FOR THE FORKAL AGENDA
E. MINUTES
1. Approval of City Council 14inutes:
a. INFORMAL & FORMAL SESSIONS: November 10, 1986
F. PROCLAMATION
1. MAYORS' D-DAY ON DRUGS - November 18, 1986
G. PUBLIC HEARING
1. PLANNING
a. RECONSIDERATION of the reservation approved October 14, 1985, in
the application of Steven R. Davidson for a conditional use
permit for a single-family dwelling in the AG-1 Agricultural
District on a 13-acre parcel located on the east side of Princess
Anne Road, south of Pungo Ferry Road (Pungo Borough).
b. Application of Motor City Associates for a change of zoning from
R-6 Residential District to B-2 Community-Business District on
property located at the nor@ast corner of Jeanne Street and
Pennsylvania Avenue on Lots 24 and 25, Block 2, Euclid Place,
containing 5,000 square feet, (Bayside Borough).
Recommendation: APPROVAL
c. Applications of Stanley E. Oliver on property located on the
south side of Wishart Road, 150 feet east of Independence
Boulevard, containing 3.899 acres, (Bayside Borough):
Change of Zoning from B-2 Community-Business District to 0-1
@ffice District;
AND,
Conditional Use Permit for a home for the aged.
Recommendation: APPROVAL
d. Application of Carroll G. Clough 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 5229 Lake Shores Road (Bayside Borough).
Recommendation: APPROVAL
e. Application of Rudolph A. and Marjorie V. Butler 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 2225 Greenwell Road (Bayside Borough).
Recommendation: APPROVAL
f . Ordinance for the discontinuance, closure and abandonment of a
portion of Broad Street in the petition of George Loizou, Andreas
Loizou and Ef thyalios Loizou (Bayside Borough).
Recommendation: DENIAL for noncoinpliance with conditions
g. Application of Coyle, Inc. for a conditional use permit for
mini-warehouses on property located at 5339 Virginia Beach
Boulevard, containing 18,731 square feet, (Bayside Borough).
Recommendation: DENIAL
h. Application of Parker Oil Co., for a conditional use permit for
an automobile service station in con@unction with a convenience
store on property located at the southwest corner of Princess
Anne Road and Indian River Road, containing 34,848 square feet,
(Pungo Borough).
Recommendation: DENIAL
i. Application of Curtis Dinkine for a variance to Section
4.4(b) of the Subdivision Ordinance, w ich requires lot
dimensions to conform to the Comprehensive Zoning Ordinance on
property located at 2312 Greenwell Court (Bayside Borough).
Recommendation: DENIAL
H. RF.SOLUTIONS
1. Resolution requesting the 1987 General Assembly to pass a ban on
phosphates.
2. Resolution requesting the Planning Commission to consider amendments
to the Comprehensive Zoning Ordinance regarding fence regulations in
residential districts.
3. Resolution requesting the Planning Commission to consider an
Ordinance to authorize the replacement of certain signs located on
property condemned for the widening of Virqinia Beach Boulevard and
report back to City Council within sixty (60) days.
I. CONSENT AGEBTDA
All matters listed under the Consent Agenda are considered in the
ordinary course of business by City Council and will be enacted by one
motion in the form listed. If an item is removed from the Consent
Agenda, it will be discussed and voted upon separately.
1. Ordinance to authorize a temporary encroachment into a portion of the
right-of-way known as 10th Street to Lynn-Dee Motel, Inc., its
assigns and successors in title.
2. Ordinance to authorize and direct the City Manager to execute sewer
cost participation agreement with Ocean Fast Associates 1985-1 for
the Upton Estates subdivision.
3. Ordinance authorizing license refunds in the amount of $6,125.18.
J. UNFINISHED BUSINESS
K. NEW BUSINESS
1. Waiver request for on-site perimeter curbing and right-of-way
improvements, Mid-Atlantic Marine, on property owned by the Ocean
Park Volunteer Fire and Rescue Unit, Inc., a Virginia Non-Profit
Corporation.
2. Interim Financial Statements: July 1, 1986 - September 30, 1986.
L. ADJOURNMENT
VIRGINIA BEACH CITY COUNCIL
ALL SESSIONS
SCHEDULED FOR MONDAY, DI)CEMBER 1, 1986
liAVE BEEN RESCHEDULED
TO
TliURSDAY, DBCEMBER 4, 1986
VIRGINIA BEACH CITY COUNCIL
INTERVIEW SESSION
TALENT BANK APPLICANTS
SCHOOL BOARD APPOINTMENTS
(Bayside, Princess Anne and Virginia Beach Boroughs)
NOVEMBER 24, 1986
1:00 PM
COUNCIL CHAMBERS
CITY liALL
M I N U T E S
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
November 17, 1986
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,
November 17, 1986 at 12:00 P.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, Vice Mayor Meyera E. Oberndorf,
Nancy K. Parker and John L. Perry
Council Members Absent:
Reba S. McClanan ENTERED: 12:45 P.M-
Councilwoman McClanan was attending a funeral.
- 2 -
MAT T E R S BY T HE MAYOR
CONCERNS OF COUNCIL ITEM # 26359
Mayor Jones referenced the CONCERNS OF COUNCIL section of the INFORMAL SESSION
and his suggestion for a new format. The CONCERNS OF COUNCIL will be
eliminated from the INFORMAL SESSION. A Council Member Conference will
commence thirty minutes before the INFORMAL SESSION where Council Members may
reiterate their "concerns". The City Clerk will compile a list of said
concerns to accompany the MINUTES.
The INFOR14AL SESSION will be reserved for ITF14S on the AGENDA as well as
INFORMAL BRIEFINGS by the City Manager.
- 3 -
CITY MANAGER'S INFORMAL BRIEFING
SUBSTANCE ABUSE IN VIRGINIA BEACH
November 17, 1986
TTEM # 2636o
Mr. Hector A. Rivera, Assistant City Manager for Human Services, presented
information pertaining to SUBSTANCE A.BUSE. A brochure concerning same was
distributed to City Council and is hereby made a part of the record.
In response to the public outcry for greater action to stem the tide of alcohol
and other drug abuse in our community, last month President Reagan signed into
a law a $1.7 BILLION anti-drug measure targeted for drug abuse, enforcement,
education, treatment and rehabilitation efforts. National statistics suggest
7-9% of the total pupulation have problems with Substance Abuse; 10% of the
labor force experiences alcohol abuse; and, 61% of the nation's 1985 high
school graduating class used an illicit drug on at least one occasion.
In Virginia, it has been suggested that 4% of the residents of the Commonwealth
between the ages of 18-25 are serious drug abusers with only 12% accessing
treatment for their addiction. The cost in lost productivity and employment is
approximatley 7% of the total wages paid through the State. The Virginia
Compreheiisive State Plan (1985-1990) for Mental Health, Mental Retardation and
Substance Abuse states that "alcohol and drug abuse plays a part in 70% of
drownings, 50% of deaths resulting from falls, 50% of those killed in fires and
80% of all suicides." The State Plan also suggests there is a 40% divorce rate
among families experiencing substance abuse problems. National figures suggest
67% of domestic violence is preceded by drinking with estimates ranging as high
as 93% linking alcohol and other drug abuse to child abuse.
Idenitfying the actual incidence of substance abuse in Virginia Beach is
complicated by several factors.
Robberies and other crimes committed for cash to
obtain drugs or while under the influence of drugs
is usually classified according to the crime
itself.
There is no mechanism to allow mandatory treatment
for drug abusers, i.e., those known to local
officials voluntarily entered a program.
Constitutional issues and problems with the chain
of evidence make prosecution of these types of
cases difficult.
Drug related police investigation increased 127% from 1984 to 1985 to a total
of 499. 43% of the 19,247 arrests made in 1985, were drug and alcohol related.
Drug addiction is cited as the major contributing factor in 90% of Virginia
Beach robberies and burglaries. The City's Correctional Center is experiencing
85% of the inmate population are being brought in on charges related to the use
of alcohol or other drugs. In the fiscal year 1986, the Juvenile Court
Services Department processed 432 juveniles on alcohol or other drug related
charges.
Concerning the Virginia Beach School System's DRUG INTERVENTION PROGRAM during
the 1985-86 School year, 223 students participated as a result of their
involvement with alcohol or other drugs. The ages of the children ranged from
1 to 18 years old.
- 4 -
CITY MANAGER'S INFORMAL BRIEFING
SUBSTANCE ABUSE IN VIRGINIA BEACH
ITEM # 2636o (Continued)
The Comprehensive Substance Abuse Program provided treatment services to 1730
Virginia Beach residents during the Fiscal Year 1986. Problems with alcohol
abuse constituted 53% of the caseload with other drug and "Poly" drug abuse
represented 17 and 30% respectively. Over the past five years, the average age
of citizens served by the public substance abuse program has gradually shifted
to a younger poopulation with 88% of the services about equally distibuted
between adolescents and young adults between the ages of 18 to 29. Three
agencies have specific programming target toward alcohol and drug abuse:
The Police Department
School Board
Community Services Board
The Police Department, through its Special Investigative Unit, carries out the
City's law enforcement responsibilities in this area as detailed in APPENDIX A
of said Brochure. The School Board, utilizing a special first through tenth
grade curriculum and the recently established Drug Intervention Program,
provide drug education to the City's youth as defined in Appexdix B. The
Community Services Board through the Comprehensive Substance Abuse Program,
delivers alcohol and other drug community education, prevention, intervention
and treatment to the children and adults of the Virginia Beach community as
described in Appexdix C.
Mr. Rivera introduced Chief Charles Wall, Police Department, who advised the
Department is dealing with rather sophisticated systems. The Department
recently uncovered homes where the entire house was transformed into a
marijuana greenhouse. As a result of a rather large coastline, the stricter
the enforcement becomes in South Florida, the smuggling is pushed over to the
Gulf Coast and up the East Coast.
Chief Wall recommended the following changes in Virginia State Law:
Need Certificate of Analysis to be accepted in
Civic or Civil proceedings.
Remove 90-days requirement for use of forfeited
vehicles and allow police deparments and/or CADRE,
rather than the Literary Fund, to receive money.
Do away with courts allowing first offender cocaine
dealers from being able to use first offender
statute.
Enact a new code to make it mandatory for a
juvenile to lose his/her license for a minimum of 6
to 12 months for being found in possession of
marijuana. A first offender should lose his/her
license for 6 months.
Dr. E. Bruce McGuire, Deputy Superintendent of Schools, addressed Schoool
Resources concerning SUBSTANCE ABUSE. Dr. McGuire advised Pages B-3, B-4, B-5
and B-6 of the Brochure contain an OUTLINE OF TOPICS AND CURRICNUM REFERENCES
in the Drug Education Program conducted by the School System. They advise
topics from Grade One to Grade Ten. Grade Nine is ommitted. The topics at the
primary level are geared to concerns relative primary age children and do not
address relative drug abuse or illicit drugs. This commences in the Third
Grade and as they advance same is treated in a more comprehensive way. The
other dimension to the School System's program is actual use of drugs while in
School or on School property. Drug Education Programs and Policies for Virginia
Beach Public Schools are reiterated on page B-1 of said brochure. This is a
very stringent policy. The use of drugs or alcohol on School property requires
the principal to recommend expulsion of the student. As of this date, there
have been 42 instances of students being suspended from school and referred to
the Drug Intervention Program and 3 recomnendations for expulsion.
- 5 -
CITY MANAGER'S INFORMAL BRIEFING
SUBSTANCE ABUSE IN VIRGINIA BEACH
ITEM # 2636o (Continued)
Mr. Perry Ustick, Director of the Comprehensive Substance Abuse Program,
reinforced discussion concerning better community understanding. The Virginia
Beach Comprehensive Substance Abuse Progam is responsible for providing alcohol
and other drug services to Virginia Beach residents. Sponsored by the local
Community Service Board, funding for the delivery of these services comes from
several sources including, but not limited to federal, state, and city.
There are three major units to the Comprehensive Substance Abuse Program:
COMMUNITY PREVENTION SERVICES (CPS) - unit focusing
on advertising and public awareness
OUTPATIENT SERVICES COMPONENT (OPS) - focuses on
working with adolescents and families.
INTENSIVE SERVICES COMPONENT (ISC) - serves the
chemical dependent population who require highly
structured and supervised treatment.
COMMUNITY PREVENTION SERVICES dedicates its staff to reducing the incidence of
drug abuse among Virginia Beach youth and adults currently not in need of
treatment.
The services for the OUTPATIENT SERVICES COMPONENT include screening,
evaluation, referral, short and long term individual and family counseling;
educational and therapy groups; coordination of placement into residential
substance abuse projects; and criminal justice programs, including services to
the Juvenile and Adult Courts and the Correction Center.
Two units, Alcohol Detox and ALCARE comprise the INTENSIVE SERVICES COMPONENT.
Over the last six months, the caseload in cocaine has tripled.
Marijuana has been slightly on the decrease, the reason being the drought.
Mr. Ustick referenced the Chart on Page 4 which depicts City Agency Inter-
Dependency and Collaboration.
Mr. Ustick advised, as a professional group working with the private providers,
he would like to see insurance coverage allow for some of the less costly types
of treatment for Substance Abuse.
- 6 -
CITY MANAGER'S INFOR14AL BRIEFING
SUBSTANCE ABUSE IN VIRGINIA BEACH
ITEM # 2636o (Continued)
Mr. Rivera reiterated the following observations on additional action the
Municipal Government might take in its leadership role in the war on drugs:
Gain a clear picture of the extent of lcoal
sbustance abuse through ongoing collection and
analysis of information from City Agencies who have
contact with the residents of Virginia Beach
exhibiting problems with alochol or other drug
abuse.
Encourage the development of community based
activites and "grassroots" responses in the area of
prevention and intervention.
Work with private sector providers toward
accessible substance abuse services to our
"medically" indigent.
In collaboration with other community leaders,
focus preveniton activities and encourage full
citizen participation.
Within existing resources, continue to explore new
and better wasys to encourage those who are in need
to seek services without incurring the social
I'stigmall so often associated with those who suffer
from the disease of chemical dependency.
Approximately $9-MILLION in funds is being allocated to the Commonwealth of
Virginia out of the $1.7 BILLION anti-drug measure. Approximatly $4-MILLION
will be allocated to Public Safety, $3.6-mILLION for Education, and $2.03-
MILLION for Treatment and Rehabilitation.
- 7 -
CITY MANGER'S INFORMAL BRIEFING
SANDBRIDGE RESOLUTIONS
November 17, 1986
ITEM # 26361
The City Manger referenced the five (5) Resolutions concerning SANDBRIDGE.
These Resolutions resulted from a Meeting last week with three members of the
City Council (Council Members Balko, Henley and McClanan), representatives of
the City Staff and Sandridge.
Councilman Moss advised he had requested discussion concerning the range of
financial liability and sources of Revenue when these Resolutions come to
fruition.
City Engineer, Donald Trueblood, advised the most appropriate figure would be
the one included in the Coastal Study Committee's report by Richard Browner.
Said report will conclude that Sandbridge looses 193,000 yards per year and has
been for the last three or four years. The additional nourishment of Sandbridge
would be 1-MILLION yards Plus 3 years advance nourishment which would be
1,579,000 cubic yards. There is a wide diversity on the cost, depending upon
from where it comes. Mr. Trueblood utilized the figure of $7 a yard for
purposes of dicussion. If the City were responsible for the entire amount,
$11,053,000 would be the total. If Federai Funding and State Funding were
provided, leaving the City's share one-quarter, the City's share would be
$2.763-MILLION. The Corps of Engineers' recommendation was for 3-MILLION yards
initially and 500,000 yards a year.
The City Manager advised the Staff has received a copy of the Corps of
Engineers' specifications for the dredging and all the supplementary documents.
Same have been under review by the Staff. The Staff has a meeting next week
with the Port Autority, the Corps of Engineers, and a representative from the
State Department of Transportation.
Councilwoman Parker expressed concern relative the definition of the word
"substantial" as utilized in I'substanially participate in the protection of all
the Beaches".
Councilwoman Parker further referenced Paragraph 8 in RESOLUTION No. 3.
Councilwoman Parker believed same should be rephrased rather than asking for a
positive recommendation, to reflect an honest, unbiased recommendation.
Councilwoman Parker advised False State Park is just south of this stated area
and she understood this Beach is also eroding. How does sand replenishment
change the dynamics on that Beach?
Councilman Moss referenced RESOLUTION NO. 5 and the last paragraph "seems
really explicit as to the City's obligation."
The Atlantic Channei, located 7 miles off the coast, is the only area which
has an Environmental Impact Statement. The City Manger advised if dredging
should be done closer to shore, same would require an Environmental Impact
Statement.
These RESOLUTIONS will be SCHEDULED for the City Council Agenda of November 24,
1986.
- 8 -
CITY MANAGER'S INFORMAL BRIEFING
1987 LEGISLATIVE PACKAGE
November 17, 1986
ITEM # 26362
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
OTHER ISSUES (Listed Alphabetically)
10. Alternates to Board of Zoning Appeals
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. Offsite Improvements by Developers*
21. Privacy Protection
22. Proration of Personal Property Tax
23. Tax Exemption for Water Works Equipment
24. Tax Relief for the Elderly and Handicapped
25. Unclaimed Deposits
AGRICULTUHAL 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
*Change from Preliminary Package
Said information was distributed to City Council and is hereby made a part of
the record.
Concerning the Resolution to Authorize the Direct Election of the Mayor, Mayor
Jones suggested limiting the candidates to a certain number and perhaps
amending the Code on a local level to utilize a percentage formula to
determine the number of signatures of registered voters required upon the
petitions filed by a candidate for Mayor. Councilman Perry referenced
redundancy expressed in Code Section 3.02:2 stating: ... "Candidates for Mayor
shall run for one of the At Large seats. A candidate running for Mayor shall
not run for any other seat."
- 9 -
CITY MANAGER'S INFORMAL BRIEFING
1987 LEGISLATIVE PACKAGE
November 17, 1986
ITEM # 26362 (Continued)
Councilman Fentress referenced Section 3.02:2 stating the Mayor shall be
elected at the General election on the first Tuesday in May, 1988, and each
fourth year thereafter, to serve for a term of four years.
Item 10. Alternates to Board of Zoning Appeals shall be pulled.
Councilman Moss suggested Item No. 20. Offsite Improvements by Developers be
made a PRIORITY ISSUE.
E. D. Block, Assistant City Manager for Analysis and Evaluation distributed a
Memorandum concerning Juvenile Court - Salary Supplements/City Savings. (Said
memorandum is hereby made a part of the record.) Based upon further discussions
with the Court Services Unit and the State, the Staff revised the preliminary
analysis provided to City Council on November 10, 1986. The analysis reflects
it would be some years before state pay scales would catch-up to those of the
City.
Chief Judge Friedman, Juvenile Court Services Unit, commented concerning the
State Assumption of Juvenile Court Service Unit. Judge Friedman advised this
Court was a model for other Juvenile Courts in the State and did not want to
move backwards. Judge Friedman advised certain "key" employees would not
receive a raise for approximately eight to ten years. The Judge's concern was
if the State Assumption was without salary supplement or additional program
supplement, some of the programs already in existance might be lost.
Judge Fred Aucamp, Juvenile Court Judge for fifteen years, also was in
attendance to address City Council's concerns.
Mr. Bruce Bright, Director of the Juvenile Court Service, also responded to
City Council inquiries.
The LEGISLATIVE PACKAGE will be SCHEDULED for the City Council AGENDA of
November 24, 1986. A PUBLIC HEARING concerning the CHARTER AMENDMENTS shall be
SCHEDULED for December 4, 1986.
Councilman Heischober referenced the addition to the Legislative Package of the
guidelines relative the Elderly Real Estate Tax Exemption. Robert Matthias wil
confer with Council Members Henley and Heischober relative same.
- 10 -
ITEM # 26363
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:
1. PERSONNEL MATTERS: Discussion or consideration of employment, assignment,
appointment, promotion, performance, demotion, salaries, disciplining or
resignation of public officers, appointees or employees.
2. PUBLICLY HELD PROPERTY: Discussion or consideration of the condition,
acquisition or use of real property for public purpose, or of the
disposition of publicly held property, or of plans for the future of an
institution which could affect the value of property owned or desirable
for ownership by such institution.
3. LEGAL MATTERS: Consultation with legal counsel or briefings by staff
members, consultants or attorneys, pertaining to actual or potential
litigation, or other legal matters within the jurisdiction of the public
body.
Upon motion by 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
- 11 -
F 0 R M A L S E S S I 0 N
VIRGINIA BEACH CITY COUNCIL
November 17, 1986
2:10 P.M.
Mayor Robert G. Jones called to order the FORMAL SESSION of the VIRGINIA BFACH
CITY COUNCIL in the Council Chambers, City Hall Building, on Monday, November
17, 1986, at 2:10 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. Oberndorf, Nancy K. Parker and John L.
Perry
Council Members Absent:
None
INVOCATION: Reverend Louis Andrews, III
Bow Creek Presbyterian Church
PLEDGE OF ALLFIGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
- 12 -
APPROVAL OF ITEMS FOR THE FORMAL AGENDA
ITEM # 26364
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 TI-D.1 ITEM # 26365
The City Clerk referenced an Ordinance for the discontinuance, closure and
abandonment of a portion of Broad Street in the petition of George Loizou, Andreas
Loizou and Efthymios Loizou (BaysTde-Borough). (See Item Item II-G.l.f. of the
Planning Agenda). The applicant is requesting DEFERRAL.
This item will be brought forward on the Planning Agenda.
Item II-D.2 ITEM # 26366
The City Clerk referenced a Waiver request for on-site perimeter curbing and
right-of-way improvements, Mid-Atlantic Marine, on property owned by the Ocean Park
Volunteer Fire and Rescue Unit, Inc., a Virginia Non-Profit Corporation. (See Item
II-K.1 under NEW BUSINESS).
This item will be brought forward on the AGENDA as per request of Councilman Balko.
Item II-D-3 ITEM # 26367
The City Clerk requested an addition to the AGENDA for the APPOINTMENT of the
new Personnel Director, Fagan D. Stackhouse, to the DEFERRED COMPENSATION BOARD
to fill the vacancy created by the retirement of Phyllis Millette.
Item II-D.4 ITEM # 26368
Councilman Balko referenced an Ordinance to authorize a temporary encroachment
into a portion of the right-of-way known as 10th Street to Lynn-Dee Motel,
Inc., its assigns and successors in title. (See Item II-I.1 of the CONSENT
AGENDA)
This item will be pulled for discussion.
Item II-D-5 ITF14 # 26369
Councilwoman McClanan referenced an Ordinance to authorize and direct the City
Manager to execute sewer cost participation agreement with Ocean East
Associates 1985-I for the Upton Estates subdivision. (See Item II-I.2 of the
CONSENT AGENDA). Coucilwoman McClanan advised she might wish to pull this item
for discussion.
Councilwoman McClanan advised her sponsorship of Sam Houston, Sr. under
UNFINISHED BUSINESS.
Item II-E.1
MINUTES ITEM # 26370
Relative Page 39, Item I-D.l., last paragraph, Vice Mayor Obernorf requested
the MINUTES be corrected to read as follows:
Viee 14&ysi- Qbp-Bderf @Aques%ed th@ ;;Grdiiag gi4 tle
h The City Counoil ;x4l@ ;;Qt
iG @:Ll,rn te the peeple an Relcepen-de.
Capital lmppgvemen% 12pa@eo%s, this
4:]: be available to eantintte to talte %bit-
"Vice Mayor Oberndorf asked that if it was desired
by the majority on the Council that a raising of
the limit for the City's General Obligation Bonding
Authority be put on the ballot. Then, it is her
desire the question be clearly worded so that the
public would be aware that by raising this $10-
MILLION cap, they are giving the Council the right
to borrow money without the approval of the public
through Referenda. She did not agree with doing
away with the public's participation in financial
Referenda."
Councilwoman Henley referenced Page 3, Item #26308, SAND REPLENISHMENT:
There are two typographical errors:
Line Three should state: "Secretary Watts advised Phase I Thimble Shoals
Dredging Project would @ not be a source of sand suitable for the beaclies.
In the second paragraph, line three, the sentence should correctly read:
"Secretary Watts requested Virginia Beach and other interested parties make
renewed requests for this material and begin making the preparations @u find
legally necessary to accept this material when available."
Councilwoman Parker referenced Page 7, TAX INCREASE, ITEM # 26322
Councilwoman Parker referenced: "Councilman Heischober had a more feasible
plan." She stated the words "more feasible" were more of an editorial
comment and the sentence should be rephrased. Councilman Heischober advised
the MINUTES reflected his comments exactly. The Mayor suggested placing
quotation marks around "feasible".
- 14 -
Item II-E.1
MINUTES ITEM # 26370 (Continued)
Upon motion by Councilman Heischober, seconded by Councilman Moss, City Council
APPROVF,D the Minutes of November 10, 1986, as AMENDED and CORRECTED.
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
1 5
Item II-F.1
PROCLA14ATION ITEM # 26271
Mayor Robert G. Jones PROCLAIMED Tuesday, November 18, 1986 as:
MAYORS' D-DAY ON DRUGS
This PROCLAMATION encouraged community organizations, civic clubs, and
businesses to join with the City of Virginia Beach and the U.S. Conference of
Mayors in fighting the WAR ON DRUGS and encourage all citizens to "JUST SAY NO"
TO DRUGS".
Hector A. Rivera, Assistant City Manager for Human Services, and Delores
Delaney, Member of the Governor's Task Force/War on Drugs, ACCEPTED this
PROCLAMATION.
15a
WHEREAS, drug abuse is a growing problem of much concern to our community; and
WHEREAS, national statistics indicate that 7-9% of the total population has problems
with drugs, and federal efforts toward the battle against drug abuse have increased aware-
ness in an attempt to control and eliminiate this detriment to society; and
WFEREAS, the United States Conference of Mayors Task Fo rce on Drugs has designated
November 18, 1986 as MAYORS' D-DAY IN THE WAR ON DRUGS"; and
WHEREAS, an a local level, we must provide educational awareness through programs
and activities to make the public knowledgeable of the potential devastation to our
families and the community; and
WHEREAS, the Virginia Beach Comprehensive Substance Abuse Program sponsors on-going
prevention programs such as the BAMBE Program, Prime Time, and "Just Say Noll Clubs.
NOW, THEREFORE, I, Robert G. Jones, Mayor of the City of Virginia Beach, do hereby
proclaim Tuesday, November 18, 1986 as
MAYORS' D-DAY ON DRUGS
and encourage community organizations, civic clubs, and businesses to join with the City
of Virginia Beach and the U. S. Conference of Mayors in fighting the WAR ON DRLJGS and
encourage all citizens to "JUST SAY NO' TO DRUGS.
IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of the City of
Virginia Beach, Virginia, to be affixed this seventeenth day of November, nineteen hundred
and eighty-six.
Robert G. Jones
Mayor
- i6 -
Item II-G.1a./i.
PUBLIC HEARING
PLANNING ITEM # 26372
Mayor Jones DECLARED a PUBLIC HEARING on:
PLANNING ITEMS
a. STEVEN H. DAVIDSON RECONSIDERATION
b. MOTOR CITY ASSOCIATES CHANGE OF ZONING
c. STANLKY E. OLIVER CHANGE OF ZONING & CONDITIONAL
USE PERMIT
d. CARROL G. CLOUGH VARIANCE
e. RUDOLPH A. AND MARJORIE V. BUTLER VARIANCE
f. GEORGE LOIZOU, ANDREAS LOIZOU AND STREET CLOSURE
EFTHYMIOS LOIZOU
g. GOYLE, INC. CONDITIONAL USE PERMIT
h. PARKER OIL COMPANY CONDITIONAL USE PERMIT
i. CURTIS TWYMAN DINKINS VARIANCE
- 17 -
Item II-G.l.a.
PUBLIC HEARING
PLANNING ITEM # 26373
Attorney William Burnside represented the applicant and requested a DEFERAL of
thirty days. The City has made a proposal to the applicant and said applicant
requests adequate time for consideration.
Upon motion by Councilwoman Henley, seconded by Councilman Baum, City Council
DEFERRED for thirty days until the City Council Meeting of December 22, 1986,
RECONSIDERATION of the reservation approved October 14, 1985 in the applicaton
of STEVEN H. DAVIDSON for a Conditional Use Permit for a single-family
dwelling.
ORDINANCE UPON APPLICATION OF STEVEN H. DAVIDSON
FOR A CONDITIONAL USE PERMIT FOR A SINGLE-FAMILY
DWELLING R01085787
Ordinance upon application of Steven H. Davidson
for a Conditional Use Permit for a single family
dwelling in the AG-1 Agricultural District on
property located on the east side of Princess Anne
Road, 1056 feet south of Pungo Ferry Road. Said
parel is located at 686 Princess Anne Road and
contains 13 acres. Plats with more detailed
information are available in the Department of
Planning. PUNGO BOROUGH.
This Ordinance was ADOPTED on October 14, 1985.
The following condition will be RECONSIDERED:
1. A reservation of right-of-way thru this parcel to
provide for an ultimate 94-foot right-of-way for
Princess Anne Road Relocated in accordance with the
Master Street and Highway Plan and the "Princess
Anne Road at Pungo Ferry Road" preliminary
alignment on file in the City Engineer's Office.
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
1 8
Item II-G.l.b.
PUBLIC HEARING
PLANNING ITEM # 26374
Attorney Charles Salle' represented the applicant
Upon motion by Councilman Perry, seconded by Vice Mayor Oberndorf, City Council
ADOPTED an Ordinance upon application of MOTOR CITY ASSOCIATES for a Change of
Zoning District Classification:
ORDINANCE UPON APPLICATION OF MOTOR CITY ASSOCIATES
FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM
R-6 TO B-2 Z011861128
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of Motor City Associates
for a Change of Zoning District Classification from
R-6 Residential District to B-2 Community-Business
District on certain property located at the
northeast corner of Jeanne Street and Pennsylvania
Avenue on lots 24 and 25, Block 2, Euclid Place.
Said parcel contains 5,000 square feet. BAYSIDE
BOROUGH.
The following condition shall be required:
1. Retention of the 25-foot wooded buffer zoned R-6
along the eastern property line.
This Ordinance shall be effective upon the date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
Seventeenth day of November, Nineteen Hundred and Eighty-six.
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
- 19 -
Item II-G.l.c.
PUBLIC HEARING
PLANNING ITDI # 26375
Attorney Michael Inman represented the applicant and introduced a letter from
A. T. Nicholson, Secretary of the Witchduck Civic League, in support of the
application (said letter is hereby made a part of the record) . Mr. Inman
also displayed a rendering of the proposed facility. The anticipated cost
per month would be approximately $1,400 per month.
Sam Houston, Sr. , represented the elderly, and was concerned with the cost
per month.
Upon motion by Councilman Heischober, seconded by Councilman Perry, City
Council ADOPTED Ordinances upon application of STANLEY E. OLIVER for a Change
of Zoning and Conditional Use Permit:
ORDINANCE UPON APPLICATION OF STANLEY E. OLIVER FOR
A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM B-2
TO 0-2 zoll861129
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of Stanley E. Oliver for
a Change of Zoning District Classification from B-2
Community-Business District to 0-1 Office District
on certain proeprty located on the south side of
Wishart Road, 150 feet east of Independence
Boulevard. Said parcel contains 3.899 acres. Plats
with more detailed information are avialable in the
Department of Planning. BAYSIDE BOROUGH.
A N Dp
ORDINANCE UPON APPLICATION OF STANLEY E. OLIVER FOR
A CONDITIONAL USE PERMIT FOR A HOME FOR THE AGED
R01186992
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of Stanley E. Oliver for
a Conditional Use Permit for a home for the aged on
certain property lcoated on the south side of
Wishart Road, 150 feet east of Independence
Bouelvard. Said parcel contains 3.899 acres.
Plats with more detailed information are available
in the Department of Planning. BAYSIDE BORUGH.
The following conditions shall be required:
1. Category I screening is to be provided along the
eastern property line.
2. Buildings shall be one-story maximum height.
3. The number of units shall not exceed a maximum of
seventy-five (75) units.
4. A twenty-foot (201) setback.
Prior to the changing of the official zoning maps, the
folowing requirement will be met:
5. A ten-foot (101) dedication of right-of-way along
Wishart Road to provide a standard fifty-foot (50')
right-of-way.
- 20 -
Item II-G.l.c
PUBLIC HEARING
PLANNING ITEM # 26375
These Ordinances shall be effective upon the date of adoption.
AdoDted by the Council of the City of Virginia Beach, Virginia, on the
Seventeenth day of November, Nineteen Hundred and Eighty-six.
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
- 21 -
Item II-G.l.d.
PUBLIC HFARING
PLANNING ITEIA # 26376
Attorney Robert Cromwell represented the applicant
Upon motion by Councilman Perry, seconded by Councilman Fentress, City Council
APPROVED the application of CARROLL G. CLOUGH for a Variance to Section 4.4(b)
of the Subdivision Ordinance, which requrires lot dimensions conform to the
Comprehensive Zoning Ordinance.
Appeal from Decisions of Administrative Officers in
regard to certain elements of the Subdivision
Ordinance, Subdivision for Carroll G. Clough.
Property is located at 5229 Lake Shores Road. Plats
with more detailed information are available in the
Department of Planning. BAYSIDE BOROUGH.
Voting: 8-2
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Harold Heischober, Barbara M. Henley, Mayor Robert G.
Jones, Vice Mayor Meyera E. Oberndorf and John L.
Perry
Council Members Voting Nay:
John D. Moss and Nancy K. Parker
Council Members Absent:
Reba S. McClanan
- 22 -
Item II-G.l.e.
PUBLIC HEARING
PLANNING ITFM # 26377
Debby Butler Langley represented the applicant, her parents - Rudolph A. and
Marjorie V. Butler.
Upon motion by Councilman Perry, seconded by Vice Mayor Oberndorf, City Council
APPROVED the application of RUDOLPH A. AND MARJORIE V. BUTLER for a Variance to
Section 4-4(b) for the Subdivision Ordinance, which requires lot dimensions
conform to the Comprehensive Zoning Ordinance.
Appeal from Decisions of Administrative Officers in
regard to certain elements of the Subdivison
Ordinance, Subdivison for Rudolph A. and Marjorie
V. Butler. Property is located at 2225 Greenwell
Road. Plats with more detailed information are
available in the Department of Planning. BAYSIDE
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
*Verbal Aye
- 23 -
Item II-G.l.f.
PUBLIC HEARING
PLANNING ITEM # 26378
Attorney Stuart Held represented the applicant and requested DEFERRAL for
sixty (60) days for compliance of conditions.
Upon motion by Councilman Heischober, seconded by Councilman Fentress, City
Council DEFERRED for sixty (60) days for Compliance of Conditions until a City
Council Meeting in January 1987 an Ordinance for the discontinuance, closure
and abandonment of a portion of Broad Street in the petition of GEORGE LOIZOU,
ANDREAS LOIZOU AND EFTHYMIOS LOIZOU:
Application of George Loizou, Andreas Loizou and
Efthymios Loizou for the discontinuance, closure
and abandonment of a portion of Broad Street
beginning at the southeast corner of Broad Street
and Pennsylvania Avenue and running in an easterly
direction a distance of 250 feet to the southwest
corner of Broad Street and Southgate Avenue. Said
parcel is 60 feet in width and contains 15,000
square feet. BAYSIDE 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
- 24 -
Item II-G.l.g
PUBLIC HEARING
PLANNING ITEM # 26379
Upon motion by Councilman Perry, seconded by Vice Mayor Oberndorf, City Council
DENIED an Ordinance upon applicatic)n of COYLE, INC. for aConditonal Use
Permit:
ORDINANCE UPON APPLICATION OF COYLE, INC. FOR A
CONDITIONAL USE PERMIT FOR MINI-WAREHOUSES
Ordinance upon application of Coyle, Inc. for a
Conditional Use Permit for mini-warehouses on the
south side of Virginia Beach Boulevard, 225 feet
west of Clearfield Avenue. Said parcel is located
at 5339 Virginia Beach Boulevard and contains
18,731 square feet. Plats with more detailed
information are available in the Departement of
Planning. BAYSIDE 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, John L. Perry and Nancy K.
Parker
Council Members Voting Nay:
None
Council Members Absent:
None
*Verbal Aye
- 25 -
Item II-G.l.h.
PUBLIC HEARING
PLANNING ITEM # 26380
David Plum, with Ralph Sirine, Associates of Virginia Beach, represented the
applicant and requested DEFERRAL for Members of City Council to become more
familiar with said project. The overall layout of the site was shown to City
Council.
Upon motion by Councilwoman Henley, seconded by Councilman Baum, City Council
DEFERRED until the City Council Meeting of December 8, 1986, an Ordinance upon
application of PARKER OIL COMPANY for a Conditional Use Permit:
ORDINANCE UUPON APPLICATION FOR PARKER OIL COMPANY
FOR A CONDITIONAL USE PERMIT FOR AN AUTOMOBILE
SERVICE STATION IN CONJUNCTION WITH A CONVENIENCE
STORE
Ordinance upon application of Parker Oil Company
for a Conditional Use Permit for an automobile
service station in conjunction with a convenience
store on certain property located at the southwest
corner of Princess Anne Road and Indian River Road.
Said parcel contains 34,848 square feet. Plats
with more detailed information are available in the
Department of Planning. PUNGO BOROUGH.
Councilwoman Henley advised she had suggested Voluntary Agreements dealing with
the balance of the property; i.e, the applicant would only be requesting one
additional curb cut on Princess Anne Road when the rest of the property is
developed. The applicant would not want additional curb cuts on Indian River
Road. The applicant also indicated they would be agreeable to having the
Historical Review Board review their plans and make suggestions even though
same is not in the Historical District. There is an additional concern relative
Princess Anne Road and its eventual development which would require
recommendations by City Staff.
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, John D. Moss, Nancy K.
Parker and John L. Perry
Council Members Voting Nay:
None
Council Members Absent:
Vice Mayor Meyera E. Oberndorf
- 26 -
Item II-G.l.i.
PUBLIC HEARING
PLANNING ITEM # 26381
Attorney Grover Wright represented the applicant
OPPOSITION:
Attorney Betty Michelson, represented the owner of Lot Dl - Mrs. Kyle Riley
Harold C. Davidson, adjacent resident
John Lopardo, represented the homeowners adjacent to the Variance
A MOTION was made by Councilman Perry, seconded by Councilman Baum to APPROVE
an application of CURTIS TWYMAN DINKINS for a Variance to Section 4.4(b) of the
Subdivision Ordinance, which requires lot dimensions to conform to the
Comprehensive Zoning Ordinance. BAYSIDE BOROUGH.
Voting: 4-7 (MOTION LOST TO A NEGATIVE VOTE)
Council Members Voting Aye:
John A. Baum, Robert E. Fentress, Harold Heischober,
and John L. Perry
Council Members Voting Nay:
Albert W. Balko, Barbara M. Henley, Mayor Robert G.
Jones, Reba S. McClanan, John D. Moss, Vice Mayor
Meyera E. Oberndorf and Nancy K. Parker
Council Members Absent:
None
- 27 -
Item II-G.l.i.
PUBLIC HEARING
PLANNING ITEM # 26381 (Continued)
Upon motion by Councilwoman Parker, seconded by Councilman Moss, City Council
DENIED an application of CURTIS TWYMAN DINKINS for a Variance to Section 4.4(b)
of the Subdivision Ordinance, which requires lot dimensions conform to the
Comprehensive Zoning Ordinance:
Appeal from Decisions of Administrative Offices in
regard to certain elements of the Subdivison
Oridnance, Subdivison for Curtis Twyman Dinkins.
Property is located at 2312 Greenwell Court. plats
with more detialed information are available in the
Department of Planning. BAYSIDE BOROUGH.
Voting: 7-4
Council Members Voting Aye:
Albert W. Balko, 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 A. Baum, Robert E. Fentress, Harold Heischober,
and John L. Perry
Council Members Absent:
None
- 28 -
Item II-H.l.
RESOLUTIONS ITEM # 26382
Dr. E. Spencer Wise, spoke in favor of the Resolution and distributed a
"CHESAPEAKE BAY FOUNDATION FACT SHEET" (said Fact Sheet is hereby made a part
of the Record).
Roger Ehrlich represented the Clean Water Action Project and advised they ha
secured, over the past year, over 73,000 petition signatures in the State of
Virginia supporting the PHOSPHATE BAN. Over 5,000 Virginia Beach Citizens
have signed said petitions.
Upon motion by Counciman Balko, seconded by Vice Mayor Oberndorf, City Council
ADOPTED, AS AMENDED*:
Resolution requesting the 1987 General Assembly to
pass a ban on phosphates.
*Line 4, paragraph 7, the words "based detergent" shall be inserted after the
word "phosphatell and before the word "ban":
"...upon the General Assembly to pass a phosphate
based detergent ban in the 1987 General Assembly
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
- 28a -
Requested by: Council Member Albert W. Balko
RESOLUTION
WHEREAS, phosphates are a common "builder" in powdered detergents,
contributing about 20-30% of the phosphorus loadings to sewage treatment plants;
and,
WHEREAS, both the Environmental Protection Agency (EPA) and the Virginia
Task Force on the cost and benefits of a detergent phosphate ban concluded that
a ban could reduce phosphorus discharges at sewage treatment plants by 20-30%;
and,
WHEREAS, the Environmental Protection Agency's Chesapeake Bay Program found
that nutrient enrichment (primarily phosphorus and nitrogen) has led to a 62%
Bay-wide decline in submerged vegetation since 1971, a 15-fold increase in areas
experiencing anoxic (low or no dissolved oxygen) conditions since 1950
conditions, and a dramatic decline in aquatic life. The Bay Program determined
that excess phosphorus in particular is the most important factor contributing
to these problems in the freshwater portions of the Bay; and,
WHEREAS, seven states and three major metropolitan areas currently have a
phosphate ban. These include the states of Indiana, Michigan, Minnesota,
Vermont, Wisconsin, New York, Maryland as well as Chicago, Illinois, Akron, Ohio
and Washington, D.C. No state has ever rescinded its ban and studies conducted
by the states have documented the ban's success in achieving its goals; and,
WHEREAS, the State of Maryland's track record since imposing their ban in
December, 1985, has resulted in a 32% drop in influent phosphorus concentration
at the sewage treatment plants; and,
WHEREAS, no viable argument can now be made for Virginia not to pass S@nte
Bill 248 to ban phosphate;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Virginia
Beach, that the City Council does hereby support wholeheartedly a ban and calls
upon the General Assembly to pass a phosphate based detergeni ban in the 1987
General Assembly Session.
Adopted by the Council of the City of Virginia Beach, Virginia, this 17th
day of November, 1986.
- 29 -
Item II-H.2
RESOLUTIONS ITEM # 26383
Upon motion by Councilwoman McClanan, seconded by Vice Mayor Oberndorf, City
Council ADOPTED:
Resolution requesting the Planyling Commission to
consider amendments to the Comprehensive Zoning
Ordinance regarding fence regulations in
residential districts.
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
- 29a -
REQUESTED BY: COUNCILWOMAN MCCLANAN
R E S 0 L U T I 0 N
WHEREAS, the Zoning Ordinance regulates fences in residential
districts; and
WHEREAS, there are special height regulations for fences
located on corner lots and cul-de-sacs; and
WHEREAS, a number of citizens within the City are concerned
with these regulations and would like an opportunity to express their
feelings to the Planning Commission and City Council;
NOW, THEREFORE, BE IT RESOLVED that the Virginia Beach City
Council requests the Planning Commission to schedule this matter for
consideration to allow public input; and
BE IT FURTHER RESOLVED that the City Council requests the
Planning Commission to provide a recommendation within sixty days of any
changes it deems appropriate.
ADOPTED: November 17, 1986
Item II-H.3
RESOLUTIONS ITEM 26384
The following spoke in suppport of said Resolution:
Attorney Robert Cromwell, represented Hall Pontiac
Billy Carrington, employee of Ken Hall advised the replacement value of said
5 signs would be $150,000
Attorney Ned Caton, represented Virginia Beach Dodge, True Value, and George
Parker, owner of the property
Tom Barton, President of Beach Ford
Charles Barker, owner of Classic Cadillac and President of the Tidewater
Automobile Dealers Association
The following spoke in OPPOSITION:
Tim Barrow, concerned citizen
Barton H. "Pat" Bridges, served as Chairman of the Community Aesthetics
Committee for the Virginia Beach Tomorrow
Betty C. Wells, Redmill Farms Civic Association
Sandra Tainer, represented Redmill Farm
Victoria Matheny, President of the Virginia Beach Beautification Commission
A MOTION was made by Councilman Heischober, seconded by Councilman Fentress to
to ADOPT:
Ordinance to authorize the replacement of certain
signs located on property condemned for the
widening of Virginia Beach Boulevard and report
back to City Council within sixty (60) days.
Upon motion by Councilman Moss, seconded by Councilwoman McClanan, City Council
TABLED:
Ordinance to authorize the replacement of certain
signs located on property condemned for the
widening of Virginia Beach Boulevard and report
back to City Council within sixty (60) days.
Voting: 7-4
Council Members Voting Aye:
Albert W. Balko, 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 A. Baum, Robert E. Fentress, Harold Heischober
and John L. Perry
Council Members Absent:
None
Item II-H.3
RESOLUTIONS ITEM 26384 (Continued)
A MOTION was made by Councilman Fentress, seconded by Councilman Perry to
ADOPT:
Resolution requesting the Planning Commission to
consider an Ordinance to authorize the replacement
of certain signs located on property condemned for
the widening of Virginia Beach Boulevard and report
back to City Council within sixty (60) days.
Voting: 5-6 (MOTION LOST TO A NEGATIVE VOTE)
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Harold Heischober and John L. Perry
Council Members Voting Nay:
Barbara M. Henley, Mayor Robert G. Jones, Reba S.
McClanan, John D. Moss, Vice Mayor Meyera E.
Oberndorf, and Nancy K. Parker
Council Members Absent:
None
- 32 -
Item II-I.
CONSENT AGENDA ITEM # 26385
Upon motion by Councilman Heischober, seconded by Councilman Balko, City
Council APPROVED in ONE MOTION Items 2, and 3 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 Absent:
None
*Verbal Aye
- 33 -
Item II-I.l.
CONSKNT AGENDA ITF14 # 26386
Larry Branch represented the applicant
Upon motion by Councilman Fentress, seconded by Vice Mayor Oberndorf, City
Council ADOPTED:
Ordinance to authorize a temporary encroachment
into a portion of the right-of-way known as 10th
Street to Lynn-Dee Motel, Inc., its assigns and
successors in title.
The following conditions shall be required:
1. The owener agrees to remove the encroachment when
notified by the City of Virginia Beach, at no
expense to the City.
2. The owner agees to keep and hold the City free and
harmless of any liability as a result of the
encroachment.
3. The owner agrees to maintain said encroachment so
as not to become unsightly or a hazard.
4. The owner must submit, and have approved, a traffic
control plan before commencing work within the
City's right-of-way.
5. A highway permit must be obtained and a bond posted
prior to comencting work within the City's right-
of-way.
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. Oberndorf, Nancy K. Parker and John L.
Perry
Council Members Voting Nay:
None
Council Members Absent:
None
- 33a -
Requested by Department of Public Works
AN ORDINANCE TO AUTHORIZE
A TEMPORARY ENCROACHMENT
INTO A PORTION OF THE
RIGHT-OF-WAY KNOWN AS
10TH STREET TO LYNN-DEE
MOTEL, INC. , ITS ASSIGNS
AND SUCCESSORS IN TITLE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That pursuant to the authority and to the extent
thereof contained in Section 15.1-893, Code of Virginia, 1950, as
amended, Lynn-Dee Motel, Inc, its heirs, assigns and successors
in title is authorized to construct and maintain a temporary
encroachment into the right-of-way known as 10th Street.
That the temporary encroachment herein authorized is
for the purpose of constructing and maintaining underground
concrete footings for a proposed motel and 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 right-of-way
known as 10th Street, on the
certain plat entitled: " AN 88
ROOM ADDITION THE LYNN-DEE MOTEL,,'
a copy of which is 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 Lynn-Dee Motel, Inc., its 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 right-of-way known as 10th Street and that Lynn-Dee Motei,
Inc., its assigns and successors in title shall bear all costs
and expenses of such removal.
- 33b -
AND, PROVIDED FURTHER, that it is expressly understood
and agreed that Lynn-Dee Motel, Inc., its assigns and successors
in title shall indemnify and hold harmless the City of Virginia
Beach, its agents and employees from and against all claims,
damages, losses and expenses 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 Lynn-Dee Motel, Inc. 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 17 day of November 19 86
CLL/tap
09 / 30 /86
10 /22 /86
CA-86-01955
(lynndee.ord)
FAM@T
2
34 -
Item II-I.2
CONSENT AGENDA ITEM # 26387
Upon motion by Councilman Heischober, seconded by Councilman Balko, ity
Council ADOPTED:
Ordinance to authorize and direct the City Manager
to execute sewer cost participation agreement with
Ocean East Associates 1985-I for the Upton Estates
subdivis:@Lon.
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
*Verbal Aye
CITY OF VLRGINI,& BEACH
DEPARTMENT OF PUBLIC UTILITIES
CBST PARTICIPATION AGREEMENT (SEWER)
THIS AGREEMENT, Made this day of 1986, by and
between EastAssociateSI985-Ihereinafter referred to as 'C>wner'.
and the CITY OF VIRGINIA BEACH. VIRGINIA, hereinafter referred
to as the 'City'.
WHEREAS, Owner is seized in fee simple of
and
WHEREAS, Owner is desirous of improving the Project in
accordance with the terms and conditions of the City ordinances
and agrees to conform to said ordinances; and
WHEREAS, in order for O%Ync=, to provide sewer service to this
Project, it is necessary for Owner to construct certain sewer
facilities; and
WHEREAS, the City has requested that such construction. be
greater in scope than is necessary to provide service to this
Project and
WHEREAS, such construction is of value to the City in pro-
viding service to customers other than those within the Projoct
limits;
NOW, THEREFORE, in consideration of the mutual proluises and
benefits accruing hereto. the parties agree that:
1. Owner shall construct a sewer system (hereinafter the
'System') according to plans and specifications approved by th*
GF Department of Public Utilities. a copy of which is on file with
the Department.
2. The City shall make cash payment to Owner in the
amount of 134,920.23 after successful completion
(>f the System and acceptance thereof by the City in
accordance with the approved plans. The Owner will submit periodic
requisitions for the quantity of the work completed with
payment made by the City within thirty days (30 days)
after receipt of the requisition. Ten percent (10%) of
the total payment will be withheld until the System is
accepted. Prior to any payment by the City, all the
necessary easements and/or right of ways must he dedicated
to the City.
3. The City shall have the right at any time to make,
connect, or permit the connection of any other sewer
facility to the System. Any such connection may be at
any point, and the City shall have the right at any time
to use the System to serve persons within and without the
Project limits.
4. Upon sucessful completion of the System and
acceptance therecf by the City, Owner bereby agrees that
the System, including but not limited to sewer connections,
sewer mains, laterals, pipes, and all other facilities,
shall be deemed dedicated to the City of Virginia Beach
as of the date of-the City's written acceptance thereof.
S. Owner shall indemnify and hold the City harmless
from any and all liability of whatever nature arising
out of the design, approval, construction, and/or
installation of the System. In the event any claim is
made against the City, either independently or jointly
with Owner, lessee, or purchaser on account hereof, the
Owner at its sole cost shall defend the City against
such claims.
6. This Agreement shall inure to the benefit of and
be binding upon the parties hereto and their respective
heirs, successors, and assisgns.
7. Upon execution of the Agreement, it shall be
recorded by the City in the Clerk's office of the Circuit
Court of the City of Virginia Beach, at Owner's expense.
IN WITNESS WliEREOF, the partie"s hereto have executed and
sealed this agreement as of the day and year first above written.
CITY OF VIRGINIA BEACH, VIRGINIA
By
(City Manager)
DATE
ATTESTt
I (SEAL)
City Clerk
By
GENERAL PARTNER-(-3
DATE
(SEAL)
APPROVED AS TO CONTENTS:
7A- e
Department of Plbblic i ities
APPROVED AS TO FORM:
City Attorney's 0 fice
CERTIFIED AS TO "AILABILITY OF FUNDST
Department o F nailce
STATE OF VLRGINIA
CITY OF VIRGINIA BEACH
1. Theresa J. erb a Notary Public in and for the City and
State aforesaid, do hereby certify that 1. Atwmk
and r Rao, P S. y general partners re@ctively.
of @st Assmiates 1985-lwhose names are signed to the writing
above, bearing date of 4 1986 have acknowledged the same
bef@re me in my City and State aforesaid.
Given under my hand this 14 day of july 1986.
My Commission Expires September 3, 1988
imotary ruvilc
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wits
The foregoing instrument was ackn.owledged before me by
and Ruth Hodges Smith, the City
Manager and City Clerk, resPectivelY. of the City of Virginia
Beach, this day of 1985.
imulary ruoiic
MY Comission Expires:
-Vi i@i@
DEPARTMENT OF PUBLIC UTILITIES MUNICIPAL CENTER
VIRGINIA BEACH, VIRGINIA 234WO002
.@t,l 5%*
DATE: October 28, 1986
TO: Thomas H. Muehlenbeck DEPAR Executive
FROM: Clarence Warnstaff DEPAR Public Utilities
SUBJECT: Upton Estates - City Council Agenda Item
On October 17, I signed a proposed agenda request item, "Upton
Estates Sewer Cost Participation Agreement". Attached is a copy
of the agenda request. Recognizing the large dollar amount of
this cost participation agreement, I want to take this
opportunity to reaffirm the importance to the utility system of
cost participation agreements. The following information is
offered for your review.
Upton Estates
Upton Estates is a 76-acre residential development. The number
of units that will be developed is in the range of 300.
When reviewing the proposed subdivision plan submitted by the
developer's engineer, it was determined by Public Utilities that
the sanitary sewer pump station should be increased in capacity
(much greater than is required to serve Upton Estates).
Additionally, the gravity sanitary sewer lines should be
increased in capacity. The increase in the capacity is achieved
through larger diameter pipes and through deeper sewer lines;
therefore, the developer was requested to design and build
facilities larger than what is required to serve his development.
The pump station was designed to provide service to a total
service area of approximately 300 acres to accommodate over 1300
residential units. The sanitary sewer peak flow would be
approximately 1300 gallons per minute. Of this total amount, the
developer only needs approximately 200 gpm peak capacity for
Upton Estates.
Therefore, we requested the developer build facilities far in
excess of his needs. The reimbursement to the developer is
$134,920.23.
October 28, 1986
Thomas H. Muehienbeck
Page 2
Subject: Upton Estates City Council Agenda Item
Cost Participation Agreements
For cost participation agreements, the benefiting party is the
City; the developer does not benefit through a cost participation
agreement. The developer is required by City ordinance to design
and build the water and sanitary sewer system to serve his
development needs but is not required to design and build to
serve others.
The City Code for Subdivisions Section 5.8 Water Supply and
Section 5.9 Sanitary Sewerage provides the basis for the City to
request oversizing of water and sewer facilities to serve utility
needs other than the immediate development.
The City benefits through the cost participation agreement with
Upton Estates. We estimate the total "present value" of revenues
and cost savings as a result of this proposed agreement is
$500,000. Cost savings are realized through the avoidance of
operation and maintenance expense of two pump stations. At least
two additional pump stations would be required to serve this
sanitary sewer area if the Upton Estates Sanitary Sewer Pump
Station was sized only to serve Upton Estates. The present value
of these cost savings is valued at $247,000. Additionally,
because of the excess capacity of the sewer pump station, the
City will realize revenues equal to $253,000 as other development
occurs in the area. As other development occurs and utilizes the
oversized Upton Estates Sewer Pump Station, developers are
required to pay $230 per gallon per minute capacity for each
"gpm" needed to serve their development. Therefore, the present
value of the revenue and the present value of cost savings is
$500,000.00 ($247,000 + $253,000).
The City's cost per the proposed agreement is $134,923.23. Also
in the future, there is additional City participation anticipated
to extend a sanitary sewer trunk main from the pump StRtion to
Dam Neck Road. This cost is estimated at $120,000; for a total
cost to the City of $254,920.23.
The net savings to the City is simply the net of these two
num6er-s hich is $500,000 minus $254,920.23 or $245,079-77 net
savings to the City.
In order to fully serve the "service area," future gravity
extensions to serve existing homes will be based on health needs
or 51% requests; the City costs for these potential sewer
extensions have not been included.
October 28, 1986
Thomas H. Muehlenbeek
Page 3
Subject: Upton Estates City Council Agenda Item
Silmmary
As a concluding paragraph, several points should be emphasized:
1. Cost participation agreements provide a direct benefit to
the City and none to the developer.
2. The cost participation agreements provide a mechanism so
that both the water system and the sanitary sewer system
will be designed so as to form a logical part of a
coordinated utility system.
3. The concept of cost participating with developers in
order to provide for a fully integrated and well-planned
utility system is a concept utilized by municipalities
throughout the Nation.
If you have any questions or need additional information
regarding cost participation agreements, please let me know.
dsc
Attachments
pc Aubrey V. Watts, Jr.
Gary L. Jones
Charles J. Jeckell
- 35 -
Item II-I.3
CONSENT AGENDA ITEM # 26388
Upon motion by Councilman Heischober, seconded by Councilman Balko, City
Council ADOPTED:
Ordinance authorizing License Refunds in the amount
of $6,125.18 upon application of certain persons
and upon certification of 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
*Verbal Aye
- 35a -
FORM NO. C.& 8 REV, &W
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:
NAME Ucense Date Base Penalty lnt. Total
Year Paid
Va. Beach Real Estate Assoc.
T/A Holiday Inn
c/o Victor Management Co.
P. 0. Box 6097
Newport News, VA 23606 1984/86 Audit 5,474.71 5,47A.71
Westmark, Inc.
117 S. Lynnhaven Road
Va. Beach, VA 23452 1984/85 Audit 139.51 139.51
Munford, Inc.
T/A Majik Market 90526
P. 0. Box 7701, Station C
Atlanta, GA 30357
Attn: Darius C. Hawn 1986 092386 150.00 150.00
Certified as to Payment:
Robert P. Vaughan
Commissioner of the Revenue
Approved as to form:
J. Dale Bimson
City Attorney
This ordinance shall be effective from date of
adoption.
The above abatement(s) totaling $ 5 , 7 6 4 . 2 2were approved by the Council
17 Nvoember 86
of the City of Virginia Beach on the- day of '19 -
Ruth Hodges Smith
City Clerk
35b
FOFtM NO C.A 8 REV &U
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 liognse refunds, upon ce rfification of the Commissioner of the
Revenue are hereby approved:
NAME Uoense Date Base Ponafty Int. Total
Year Paid
Bell, Denise Artis
T/A Nursing Career Dev- Assoc.
5870 Northampton Blvd.
Va. Beach, VA 23455 1985 Audit 13.20 13.20
Brian Hirschler Shoes, Inc.
T/A Hirschler Shoes
7535 Granby Street
Norfolk, VA 23505 1985/86 Audit 197.93 197.93
Spouse Co., Inc., The
T/A Same
5433 Dalrymple Street
va. Beach, VA 23464 1986 091986 149.83 JA9.S3
Certified as to Payment:
R@
Commissioner of the Revenue
Apprgved as to t
Da e Bm.01,
,ty Attrr,.y
This ordinance shall be effective from date of
adoption.
Theaboveabatement(s)totaling $360-96 were approved by the Council
of the City of Virginia Beach on the@ day of November .19 86
Ruth Hodges Smith
City Clerk
3
Item II-J.1.
APPOINTMENTS ITEM # 26389
Upon motion by Vice Mayor Oberndorf, City Council APPOINTED to the DEFERRED
COMPENSATION BOARD:
Fagan D. Stackhouse
Director of Personnel
(replaces Phyllis Millette who resigned as Director of Personnel)
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
- 37 -
Item II-J.2.
APPOINTMENTS ITEM # 26390
Mayor Robert Jones ANNOUNCED his APPPOINTMENT to the COMMUNITY CORRECTIONS
RESOURCE BOARD :
Reeves Johnson
(to fill the unexpired term of Lorraine Caldwell ending August 31, 1987)
- 38 -
Item II-K.1
UNFINISHED BUSINESS ITEM # 26391
ADD-ON
Councilman Baum referenced evaluation of City Council's APPOINTFES. These
evaluations should be completed and made public.
BY CONSENSUS, City Council SCHEDULED for Monday, November 24, 1986, at 10:00
A.M. SPECIAL EXECUTIVE SESSION for evaluation of City Council's APPOINTEES.
- J9 -
Item II-L.l.
NEW BUSINESS ITEM # 26392
Attorney H. Thomas Padrick, Jr, represented the applicant
Upon motion by Councilwoman Parker, seconded by Vice Mayor Oberndorf, City
Council DEFERRED for sixty (60) days until a City Council Meeting in January,
1987:
Waiver request for on-site perimeter curbing and
right-of-way improvements, Mid-Atlantic Marine, on
property owned by the Ocean Park Volunteer Fire and
Rescue Unit, Inc., a Virginia Non-Profit
Corporation.
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
- 40 -
Item II-L.2
NEW BUSINESS ITENI # 26393
ADD-ON
Sam Houston, Sr., under the sponsorship of Councilwoman McClanan, expressed
concerns that Senior Citizen Capabilities are not being totally utilized.
Mr. Houston presented the City Clerk with the following information:
Brochure entitled "Toward a New Dominion: Choices for Virginians"
Newspaper articles relative:
"Welfare experiments under Study"
"Housing is a Major Problem for Poor, Consultant Says"
"The Poor's Claim"
"Wilder details tax credit plan for the elderly"
- 41 -
Item II-L.3-
NEW BUSINESS ITEM # 26394
Giles Dodd, Assistant City Manager for Administation, was in attendance to
respond to City Council inquiries concerning Interim Financial Statements: July
1, 1986 - September 30, 1986. (Said Satements are hereby made a part of the
record.)
- 42 -
Item II-L.l.
RECESS INTO MCUTIVE
SESSION ITEM # 26395
Upon motion by Councilman Fentress, seconded by Councilman Moss, City Council
RECESSED into EXECUTIVE SESSION pursuant to Section 2.1-344, Code of
Virginia, as amended, for the following purposes: Personnel, Legal and
Publicly Held Property at 5:50 P.M. after which to ADJOURN.
Voting: 11-01,
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
"Verbal Vote
Item IT-L.2
ADJOURNMENT ITEM 26396
Upon motion by Councilman Fentress, and BY ACCLAMATION, City Council ADJOURNED
the Meeting at 6:35 P.M-
Chief Deputy City Clerk
Riith Hodges-Smith, CMC
City Clerk
City of Virginia Beach
Virginia