HomeMy WebLinkAboutAPRIL 12, 1982 MINUTES
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tlieir availablily. (Def,@ry7eC, f(,y one wc!e@ ),i i%pril@ 5,
a. LettEr frc)i@i t@lie City Manag@r re,ltie@tc ,.n al(iiti@,,al we,;@
defe@rdi.
2. Resolution allowinT for tli,3 restruc'@urir,g of t!IE@ Cit@',zL.n's
C@@.Tittep, for tiouF;i-nj a,id C,,@.inunil-),
"a s 0 l@:a c 1 3 o@
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C014CIN'_c AGFNDA
'@l l-Lot,@(i urder -he Coris@ilt Agei@,la arc-,
@ -1 .-latturs -
roi,ti.,ie l@y tn@ Ci@Ly b- 13Y
tlie I-orra listed. will be ro @-enar,,tc@ )f
it , If disc,,,ssi.on is d@sircd, tl,,at wi'l-I be
t@,ic! CoT@sc@nt lgen,,',a and coriside,--,,,3
1. Ordinanc:e, on SEC'-OND READINR, to ac(@eot ij,,l
o@ $10,000 from tbe St@itc@ Dcprtrie@@t cf
l@eiitp-I ancl tfa@i!3f,@r fij.@cls of $2,OC)O 4i@iii
partinent of Mental Tieal-th aiid Ilental Rctardal@-ion -or the p,lir-
cliase of a van.
2. @-diranc@, or@ SEC,)ND REAI-)I@'iC, to a@-e.),t a qrant
$5'.7,,250 fro!-, the ',)epartme.'It (,-,
tatioxi and to approptiate Lhcse fu,-,dr; ai@,'l -t@L@ Cil--y',
of $33,750.
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A, CAT,J, TO OPj)7@,R @layo,: I. HEiiry IIcC,@,,, Jr., D.T).S.
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AT'POIN'I'IAE,iTS
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2. Citiz@ns Advisory CO)Tdni-tte(',
J- T.RI"INISfiED BUST,@-lFSq
Poesi.d4la Institute Per,@iit
(D(-f@,rr,--ci ilcb)u,.ry o, 1982)
R. N@l B(JSINr@-I
Motion to adjotirn
M I N U T E S
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
12 April 1982
The Regular Meeting of the Council of the City of Virginia Beach,
Virginia, was called to order by Mayor J. Henry McCoy, Jr., D.D.S.,
in the Conference Room, City Hall Building, on Monday, 12 April 1982,
at Twelve-Thirty in the afternoon.
Council Members Present:
John A. Baum, E. T. Buchanan, F. Reid Ervin, Vice
Mayor Harold Heischober, Barbara M. Henley, Clarence
A. Holland, M.D., W. H. Kitchin, III, Reba. S.
McClanan, Mayor J. Henry McCoy, Jr., D.D.S., and
Meyera E. Oberndorf
Council Members Absent:
Patrick L. Standing
ITEM #18037
Mayor McCoy entertained a motion to permit Council to conduct its
INFORMAL SESSION to be followed by an EXECUTIVE SESSION for the
purpose of discussing the following:
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
Eri-efi gs by staff members, consultants or attorneys,
pertaining to actual or potential litigation, or other
legal matters within the jurisdiction of the public
body.
- 2 -
Upon motion by Councilman Buchanan, seconded by Councilman Holland,
City Council voted to proceed into EXECUTIVE SESSION following the
INFORMAL SESSION.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, E. T. Buchanan, F. Reid Ervin, Vice
Mayor Harold Heischober, Barbara M. Henley, Clarence
A. Holland, M.D., W. H. Kitchin, III, Reba S.
McClanan, Mayor J. Henry McCoy, Jr., D.D.S., and
Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Patrick L. Standing
- 3 -
M A T T E R S B Y T H E C 0 U N C I L
CONFIDENTIALITYIEXECUTIVE SESSION ITEM #18038
Councilman Baum commented on the importance of items discussed in
the Executive Session remaining confidential and presented Council
with an epistle concerning interim voting.
DISABLED AMERICAN VETERANS ITEM #18039
Vice Mayor Heischober presented to Council the "reworded" Resolution
from the Disabled American Veterans requesting Council not include
Social Security Disability Income, Service Connected Veterans
Compensation or Vocation Rehabilitation Assistance, or Armed Forces
Disability Retirement Income for purposes of determining eligibility of
disabled persons for real estate tax exemption provided for in
Section 35-64 (4) of the Code of the City of Virginia Beach.
Vice Mayor Heischober advised the City Attorney was "getting an
interpretation of Section 35-64 (4) of the City Code".
This matter was presented by Vice Mayor Heischober during the
INFORMAL SESSION of April 5, 1982.
SUMMARY OF BUDGET/LETTER ITEM #18040
Councilwoman Oberndorf advised Council that her civic league was
very pleased with the summarized budget and cover letter they
received. The civic league commended Mr. Dodd for his preparation
of the budget summary for their use.
I N F 0 R M A L S E S S I 0 N
VIRGINIA MUSEUM OF MARINE
SCIENCES COMMITTEE ITEM #18041
Councilman Holland advised he and Councilman Buchanan were appointed
to the Committee to meet with the Marine Science Museum personnel
and Directors and make recommendations. Meetings have been held on
several occasions and a delegation visited Governor Robb concerning
this matter.
Councilman Holland advised the Committee was informed there was "not
much chance, if any at all, for anything to be accomplished when the
General Assembly convenes into Special Session".
4/1 2/8 2
- 4 -
A suggestion was made to the Marine Science Board that between
three-fourths (3/4) and one hundred percent (100%) of the
$1-Million pledged be accomplished by the end of calendar year
1 9 8 2 .
Councilman Holland advised he requested Mack Rawls to provide
cost figures of what it might take to "at least do some of the
things this year on the Marine Science Museum".
Cut and grade site $10,000
Fill Work $15,000
Erosion Control $45,000
Architectural, engineering,
consultation fees $ 5,000
Signs and contingences $10,000
Total $85,000
Councilman Holland requested that $100,000 be appropriated by the
City of Virginia Beach and further advised the Committee will
request that $1-5-Million be placed in the City's 1983 Legislative
Proposal to the General Assembly for the Marine Science Museum.
The City Manager is to study/research bond funds and report back to
Council regarding the $100,000 requested appropriation.
BIDS ON REFUSE TRANSFER STATION ITEM #18042
The City Manager advised he would like to place on the FORMAL AGENDA
of today's meeting (April 12, 1982), the bids on the Refuse Transfer
Station.
GENERAL BOOTH BOULEVARD ITEM #18043
The City Manager advised that in March of 1981, City Council advised
they wanted General Booth Boulevard to be 90 feet because of Ferrell
Parkway. The Master Street and Highway Plan is 90-feet south of
Ferrell Parkway. However, General Booth Boulevard is wider than
90-feet in some areas because of the intersection at Dam Neck Road.
The workshop session for General Booth Boulevard was held on April 6,
1982, at Princess Anne Junior High School.
C. Oral Lambert advised that General Booth Boulevard, Phase 1, from
Princess Anne Road has been included in the Capital Improvements
Program since 1981 and the necessary capital outlays have been
planned as part of the CIP.
4 /1 2/8 2
- 5-
Mr. Lambert advised the project is fifty-five percent (55%) complete.
The proposed improvement will provide two (2) twenty-four foot (24')
wide roadway sections;(two (2) travel lanes in each direction) divided
by a grass median strip within a one-hundred and ten foot (110')
right-of-way between Dam Neck Road and Ferrell Parkway. Between Farm
Road to the north end and New Dam Neck Road, two (2) thirty-six foot
(36') wide roadway sections will be built (three travel lanes in each
direction) within one-hundred and ten feet (110') of right-of-way,
due to the heavy amount of traffic in this area. Between Ferrell
Parkway and Nimmo Church, two (2) twenty-four foot (24') wide
roadway sections within a ninety foot (90') right-of-way will be built.
A standard concrete curb and gutter, two feet, six inches (2'6") in
width,will be placed along this roadway. A variable width space
between the curb and the right-of-way line will be utilized for
placing utilities and providing sidewalks and bike trails.
All intersecting streets will be reconstructed a sufficient distance
back from General Booth Boulevard to adequately tie into the new
facility.
This project would provide improved access to the Municipal Center,
relieve congestion of traffic going to Dam Neck and Sandbridge areas.
Local and through traffic will be maintained over the project
during the time of construction. It is anticipated that a traffic
signal light will be installed on General Booth Boulevard at its
intersections with Princess Anne Road, London Bridge Road, Red
Mill Boulevard, Dam Neck Road, and Oceana Boulevard.
After completion, this street will be maintained by the City
of Virginia Beach, and will be eligible for maintenance payments
from the State of Virginia.
Present traffic volumes are approximately 19,000 vehicles per day at
the north end. Projected volumes are approximately 36,500 vehicles
per day in 1995. The capacity of the existing two-(2) lane road is
only 6,500 vehicles per day.
Arrangements have been made for the joint use of space providing an
area for utilities within or adjacent to the project right-of-way.
These utilities are water, sewer, telephone and electic power
facilities.
The proposed alignment corridor follows the existing General Booth
Boulevard while straightening out the bad curves in the existing
pavement. This project would also build approximately six-hundred
feet (600') of a connector road between Dam Neck Road and Old Dam
Neck Road to improve access to the residential area.
Mr. Lambert advised that the Master Street and Highway Plan is a
.'general guide and establishes a typical situation. It is not a
definiti ve Plan - "
- 6 -
Mr. Lambert advised that William Schilimgen, President of Talbot
and Associates,who are the consulting engineers on the project
was present to answer any questions and advised further there is
an Ordinance on the FORMAL AGENDA to authorize acquisition of
property in fee simple for right-of-way for General Booth Boulevard
Phase I and the acquisition of temporary and permanent easements of
right-of-way, either by agreement or condemnation.
Length in Miles - 3.33
Displacements:
Houses: - 4
Famil ies - 5
Business: - 1
Construction Cost - $6,750,000
Right-of-Way Cost - $1,000,000
Total Cost - $7,750,000
City Council recessed into EXECUTIVE SESSION, (1:38 p.m.)
- 7 -
F 0 R M A L S E S S I 0 N
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
12 April 1982
2:12 p.m.
Council Members Present:
John A. Baum, E. T. Buchanan, F. Reid Ervin, Vice
Mayor Harold Heischober, Barbara M. Henley, Clarence
A. Holland, M.D., W. H. Kitchin, III, Reba S. McClanan,
Mayor J. Henry McCoy, Jr., D.D.S., and Meyera E.
Oberndorf
Council Members Absent:
Patrick L. Standing
INVOCATION: Reverend David H. Howell
Baylake United Methodist Church
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
- 8-
M I N U T E S
ITEM II-D.1/2/3/4 ITEM #18044
Upon motion by Councilwoman Oberndorf, seconded by Councilman Baum,
City Council voted to APPROVE the Minutes of the Special Meeting of
March 31, 1982 and the Minutes of the Special Meeting of April 2,
1 982;
AND, the Minutes of the Special Meeting of April 1, 1982 as corrected
and the Minutes of the Regular Meeting of April 5, 1982 as corrected:
April 1, 1982 - Item #17994 - Councilwoman Oberndorf
was present for the voting to recess into Executive
Sessior and voted AYE.
April 5, 1982 - Item #18027 - Councilman Standing was
absent durinq the meeting and Councilwoman Oberndorf
voted "AYE" 6n the Low Bid of M. E. Wilkins for the
Birdneck Point, Phase III project.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, E. T. Buchanan, F. Reid Ervin, Vice
Mayor Harold Heischober, Barbara M. Henley, Clarence
A. Holland, M.D., W. H. Kitchin, III, Reba S.
McClanan, Mayor J. Henry McCoy, Jr., D.D.S., and
Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Patrick L. Standing
- 9-
R E S 0 L U T I 0 N S
ITEM II-E.1 ITEM #18045
Upon motion by Councilman Holland, seconded by Councilwoman Oberndorf,
City Council voted to uphold the recommendation of the City Manager and
DEFER ONE WEEK (April 19, 1982), the Resolution setting forth the City's
policy regarding extension of the water and sewer systems into areas
developed prior to their availability.
Voting: 10-0
Council Members Voting Aye: (for deferral)
John A. Baum, E. T. Buchanan, F. Reid Ervin, Vice
Mayor Harold Heischober, Barbara M. Henley, Clarence
A. Holland, M.D., W. H. Kitchin, III, Reba S.
McClanan, Mayor J. Henry McCoy, Jr., D.D.S., and
Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Patrick L. Standing
-10-
ITEM II-E.2 ITEM #18046
Mr. Isaac Herbert, representing the Burton Station Civic League and
a member of the Citizen's Advisory Committee, spoke in opposition.
Vice Mayor Heischober made a motion, seconded by Councilman Buchanan,
to ADOPT the Resolution allowing for the restructuring of the Citizen's
Advisory Committee for Housing and Community Development with the
following changes:
Page Two - Section 2 - That the Citizen's Advisory
Committee shall be composed of twe4ve-@;24 fifteen
(15) members.
Page Two - Section 3 - That the members shall be
representative eemffluR4ty-w4de-e4t4zens of the City
and shall serve without compensation.
Page Two - Section 4 - That the policy of the City
Council shall be to select persons who will represent
each of the target neighborhoods as shown on Exhibit
"A" attached hereto and incorporated by reference,
and three (3) members at large who shall serve wi-fhout
vote.
Councilman Ervin offered a SUBSTITUTE MOTION, seconded by Councilwoman
Oberndorf, whereby on Page Two, Section 4 "...and three (3) members at
large who shall serve with voting privileges".
Vice Mayor Heischober withdrew his motion and Councilman Buchanan
withdrew his second making Councilman Ervin's motion the MAIN
MOTION to read as follows:
City Council voted to ADOPT the Resolution allowing
for the restructuring of the Citizen's Advisory
Committee for Housing and Community Development with
the following changes:
Page Two - Section 2 - That the Citizen's Advisory
Committee shall be composed of fifteen (15) members.
Page Two - Section 3 - That the members shall be
representative of the City and shall serve with-
out compensation.
Page Two - Section 4 - That the policy of the City
Council shall be to select persons who will represent
each of the target neighborhoods as shown on Exhibit
"A" attached hereto and incorporated by reference,
and three (3) members at large who shall serve with
voting privileges.
Post-it" brand fax transmittal m
F.. #@/1
Voting: 7 - 3
Council Members Voting Aye:
E. T. Buchanan, F. Reid Ervin, Vice Mayor Harold
Heischober, W. H. Kitchin, III, Reba S. McClanan,
Mayor J. Henry McCoy, Jr., D.D.S., and Meyera E.
Oberndorf
Council Members Voting Nay:
John A. Baum, Barbara M. Henley, and Clarence A.
Holland, M.D.
Council Members Absent:
Patrick L. Standing
R F S 0 L IJ T 1- 0 Ii
'AIIEREAS, ,-I,,e 1981 amend,-.iciil-s to the Ilotising and I-ommuni-ty DFvelopment
Act of 1974 i@iide s-,ibstant:;al changes to the Coiiimunity Development Block Grant
Pro@ram concerning citizen participation; Those amendments require that the Ci,ty
o@. Virgill4a B2ach shall:
1) Furnish citizens inforpiation concerning the amount of funds
available @or pcoposed coi,,@itunity dev--Iopiaent and lioasing activities and
the range of activities that may be undertaken;
2) Publish a proposed statement in such manner to afford af-
fected citizens an opportunity uo examine its content and to submit com-
ments to the City on the proposed statement and on the comrpunity develop-
ment performan,,e of the City;
3) Hold one (1) or more public hearings to obtain the views of
c'-tizens on cormun--'ty develo-Iment and housing needs; and
4) Coiis4-der any such ccmments and views in p-eparing tlic
statement and may, if deemed appropriate by the City, modify the proposed
statement; and make the final statement availa@le to the public.
14HEREAS, it is the des@@re of, the Council to establish a Citizen's
Advisory Comirittee to be an aid to Council in order for the City to meet those
re.,Ivii-renic,.iits tinde, the IQ81 amendments concernirig the citizen partic,.ipation
process;
NOW, TEEREFOPE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
Sectl.on 1. That there is hereby established a Citizen's Advisory
Committee to serve in an advisory capacity to the Council.
Section 2. That the Citizen's Advisory Committee shall be composed
of fifteen (15) members.
Sectioii 3. That the members shall be representatives of the City
and shall serve igithout compensation.
I -- L 'L@,,2 Oi-- the City CoLiiicil 'L)U ,o
lull I .4
persons who will represent each of the target neighborlioods as shown on
Exhibit "A" @itt:ached lie-eto and incorl)orated by reference, and three (3)
members AT I.,&-RGE who shall serve with voting privil.eges.
Section 5. That riembers oF thc@ (@iti.zen's A(ii,iso,v
n@irr.ed by t'le Coiincil of the City of Virgini.a Beach and sliall serve at the
p-,Ieasure of tlie Cou'@icil-. The Chairl,,ian and Vice-Ch@-irTnan of tlie. committee slilill
be selected by a majority vote of the me-mbers of the committee and sliall serve
at the pleasure of tlic-@ coriniittee.
Section 6. All other resolutions, policies, or written bylaws in
conflict with this resolution are bereby repealed.
Section 7. That this resolution shall be in effect from and after
its adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on
April 12, 1982.
E X Ii B I T "A"
TAPGET AREAS @IE,,'TERSIIIP MFMBER
Doyletown Mary Ellen Evans
Atl@intic Park Mrs. Susie Whitehurst
Graceto,.,n Joseph Lee
Seatack Rev. Barnett Thoroughgood
Burlon Station Isaac Herbert
Mill Dam Johnny Haynes
Lake Smith Mrs. Janice L. Holloway
Queen Citv Ernest Benson
Beechwood Mrs. Leola Williams
Rc-edto-,7n Mrs. Mary Smith
Newsome Farpis Mrs. Mary Davenport
NeNglight Mrs. Alice Green
At @large Mrs. Sherri Anne Baxter
&t Large Joshua F. Edwards
At Large Franklin H. Friend
Adopted by the Council of the City of Virginia Beach on the 12th day of
April, 1982.
- 1 5-
C 0 N S E N T A G E N D A
ITEM II-F ITEM #18047
Upon motion by Councilwoman Oberndorf, seconded by Councilman Buchanan,
City Council voted to APPROVE the CONSENT AGENDA by ONE MOTION.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, E. T. Buchanan, F. Reid Ervin, Vice
Mayor Harold Heischober, Barbara M. Henley, Clarence
A. Holland, M.D., W. H. Kitchin, III, Reba S.
McClanan, Mayor J. Henry McCoy, Jr., D.D.S., and
Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Patrick L. Standing
1 6-
ITEM II-F.1 ITEM #18048
Upon motion by Councilwoman Oberndorf, seconded by Councilman
Buchanan, City Council voted to uphold the recommendation of
the City Manager and ADOPT ON SECOND READING the Ordinance to
accept and appropriate funds of $10,000 from the State
Department of Mental Health and Mental Retardation and transfer
funds of $2,000 with the Department of Mental Health and Mental
Retardation for the purchase of a van.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, E. T. Buchanan, F. Reid Ervin, Vice
Mayor Harold Heischober, Barbara M. Henley, Clarence
A. Holland, M.D., W. H. Kitchin, III, Reba S. McClanan,
Mayor J. Henry McCoy, Jr., D.D.S., and Meyera E.
Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Patrick L. Standing
4/1 2 /82
AN ORDINi@\7CE T@)
1, LTI- C) 'f ifi@ STATT- i)- ','A-,,, j.,!E@ T
@ DI-7 OF $10, n
O]' PIENTAL HEALIII A@@1) REI@AR'D'ATION ANI)
TRANSFER FTJNI)S OF $2,000 ',,IITH Tlll,' Dl,-IPARl@,IENT
OF @NENT.AL HR@.ALTII A@@ti @IP,N"CAc, RITAJ@1),,%TION FOR
TIIE PURCHASE OF A \7AN
WliEREAS, the Department of Mental Ilealth a,d Ma,tal Ratardation
(DNIII/t]R) has dete-rm-'@iied a ri(--ed for a v@in for use in t'ie Stib@t,,IT-ce
Abuse day program, and
WHERF.AS,a grant in the amount of $10,000 has been awarded
by the State Department of Mental Ilealth and Mental Retardation for
this purpose, and
WHEREAS, additional funding of $2,000 is needed to purchase
a van and is available by reallocating existing appropriations
within the Departirent of @lental Health ard Mental Retardation.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIT@ OF THE CITY
OF VIRGINIA BEACH, VIRGINIA that tl)e Int(@rim City Manager is
hereby authorized to accept tlie gl:ant for the city, and funds are
hereby appropriated in the amouiit of $10,000 to the Department of
Mental Health aiid M--ntal Retardation for the purchase of a van,
and that funds of $2,000 are hereby transferred from existing
appropriations within the Department of Mental Health and Mental
Retardation for the same purpose,
Be it further ordained that estimated revenue from the State
Department of Mental Health and Mental Retardation be increased
by $10,000.
This ordinance shall be effective from date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia
on the Twe I f th day of April 19 8 2
First Reading: April 5, 1982
Second Reading:_ April 1 2, 1 982
- 18-
ITEM II-F.2 ITEM #18049
Upon motion by Councilwoman Oberndorf, seconded by Councilman Buchanan,
City Council voted to uphold the recommendation of the City Manager and
ADOPT ON SECOND READING the Ordinance to accept a Grant totaling $56,250
from the Virginia Department of Highways and Transportation and to
appropriate these funds and the City's matching share of $33,750.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, E. T. Buchanan, F. Reid Ervin, Vice
Mayor Harold Heischober, Barbara M. Henley, Clarence
A. Holland, M.D., W. H. Kitchin, III, Reba S.
McClanan, Mayor J. Henry McCoy, Jr., D.D.S., and
Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Patrick L. Standing
rF[) BY C,',-:Y tiANAGE"
AN ORI)INANCE TO ACCEP- GRflNT TOTAITNG $56,250
FRO@l 'HE VTRGINIA DEPIF@i@@l@-@l C)F HIG@l'@;AYS AND
TRANS@ORTAI'-ION ATID TO APPIROPRIAIE THESF FU.Nbs
AND THE CITY'S MATCHI@,G Sil@Rc OF @33,750.
WHEREAS, the City Council is interested in improving existing
bil@e paths and constructing new bike paths, and
WHEREAS, the Federal Highway Administration through the Virginia
D(,partiTient of Hicliways and TransPortation @ias agreed to award the Cicy a
grant to upgrade and construct bike paths,
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF I.[IE CITY OF
VIRGINIA BEACH:
That funds in the amount of $56,250 from the Virginia Depa-trrent
of Highways and Transportation to construct the Oceanfront Loop Bikeway be
accepted,andthat $33,750 be appropriated as the City's share of tilis program.
Oceanfront Loop Bikeway Grant Funds: $56,250
City Funds: 33,750
Total Cost: $90,000
BE IT FURTHER ORDAINED that estimated revenues from the federal
government be increased by $56,256, and that $33,750 be appropriated from
the City's Fund Balance.
BE IT FURTHER ORDAINED that the In@Leririi City Mariager is hereby
authorized and directed to accept the award and enter into the necessary
contractual agreements for the City.
FIRST READING: April 5, 1982
SECOND READING: April 12, 1982
Adopted by the Council of the City of Virginia Beach on the I 2th day
of April , 1982.
This ordinance shall be effective from date of its
adoptiori.
C; T
- 20 -
P L A N N I N G A G E N D A
ITEM II-G.l.a ITEM #18050
Ric hard Browner, PI an ner , represented the applican t
The following spoke in opposition:
Mr. Nelson Sabin, Chairman Great Neck Association
of Civic Leagues
Mr. Timothy Barrow, resident of area
Mr. J. C. Webb, President Woodhurst/Thunderbird Civic
League including Sylvan Lakes/Great Neck Farms
area
Mr. William Wilhoit, representing Community Civic
League and citizens unable to be present, including
downstream property owners, Sleepy Hollow, Sylvan Lakes
and Great Neck Farms
Mr. Ed Roehn read letter from Lyle Wermers, Design
Engineer and resident of Sylvan Lakes
Councilman Buchanan made a motion, seconded by Councilman Ervin, to
uphold the recommendation of the Planning Commission and DENY the
application of JOHN BAINES AND C. S. YODER for a Clan,e of lo n
District Classification from R-5 Residential Dist rict to O_ I Office
D i s t r i c t .
Voting: 5- 5
Council Members Voting Aye: (for denial)
E. T. Buchanan, F. Reid Ervin, Barbara M. Henley,
W. H. Kitchin, III, and Meyera E. Oberndorf
Council Members Voting Nay:
John A. Baum, Vice Mayor Harold Heischober, Clarence
A. Holland, M.D., Reba S. McClanan, and Mayor J. Henry
McCoy, Jr., D.D.S.
Council Members Absent:
Patrick L. Standing
Due to a tie vote the motion to deny was LOST.
- 2 1 -
ITEM #18050(a)
Upon motion by Councilman Ervin, seconded by Councilman Buchanan, City
Council voted to DEFER ONE WEEK (April 19, 1982) for further study and
information from the applicant the application of JOHN BAINES AND C. S.
YODER for a Change of Zoning District Classification as per the
following:
Ordinance upon application of John Baines and C. S.
Yoder for a Change of Zoning listr!ctoll ssificatil3n
from R-5 Residential District t, 0 1 ffice District
on certain property located on the North side of First
Colonial Road beginning at a point 300 feet more or
less West of Mill Dam Road, running a distance of
2004.73 feet along the North side of First Colonial
Road, running a distance of 458.43 feet in a North-
easterly direction and running a distance of 2124.58
feet in a Southeasterly direction. Said parcel contains
11-172 acres. LYNNHAVEN BOROUGH.
Voting: 10-0
Council Members Voting Aye: (for deferral)
John A. Baum, E. T. Buchanan, F. Reid Ervin, Vice
Mayor Harold Heischober, Barbara M. Henley, Clarence
A. Holland, M.D., W. H. Kitchin, III, Reba S.
McC]anan, Mayor J. Henry McCoy, Jr., D.D.S., and
Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Patrick L. Standing
- 2 2 -
ITEM II-G.2.a ITEM #18051
The City Clerk advised Council of a letter received from Captain
Jewel 1 , Commanding Off icer-Naval Ai r Station Oceana requesting denial -
Mr. Fred Aucamp, purchaser of property, spoke in favor
Commander Curtin, AICUZ Officer, Naval Air Station Oceana, spoke
in opposition.
Upon motion by Councilman Kitchin, seconded by Councilman Baum, City
Council voted to uphold the recommendation of the Planning Commission
and APPROVE the application of DAVID G. BARNES for a Change of Zoning-
District Classification as per the following including an additional
stipulation:
Applicant voluntarily agrees to present to
tenants disclosure forms advising them the
area is in Noise Zone Three and a potential
crash zone.
ORDINANCE UPON APPLICATION OF DAVID G. BARNES Z0482649
FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION
FROM R-8 RESIDENTIAL DISTRICT TO A-2 APARTMENT
DISTRICT
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA:
Ordinance upon application of David G. Barnes for a Change
of Zoning District Classification from R-8 Residential
District to A-2 Apartment District on certain property lo-
cated on the Northwest corner of Barberton Drive and "B"
Street, running a distance of 100.94 feet along the West
side of Barberton Drive, running a distance of 125 feet
in a Northwesterly direction, running a distance of 16.19
feet in a Southwesterly direction, running a distance of
93.39 feet in a Northwesterly direction, running a distance
of 127.93 feet along the Western property line and running
a distance of 189.88 feet along the North side of "B" Street.
Said parcel contains .56 acre. VIRGINIA BEACH BOROUGH.
Approval is subject to the following provisions in con-
junction with the intended use of the land:
1. Standard improvements as required by the Site Plan
and Subdivision Ordinances.
2. City water and sewer.
3. The developer is to install the following right-of-way
improvements to Barberton Drive and "B" Street: pavement
widening (along "B" Street a minimum of 18 feet of pavement
is to be provided), curb and gutter, sidewalk and storm
drainage facilities.
- 2 3 -
4. The developer shall provide an adequate drainage
outfall system with all necessary downstream
improvements and easements.
5. Vacation of existing lot lines to avoid creation
of nonconforming lots.
6. The applicant voluntarily agrees to present to
tenants disclosure forms advising them the area
is in Noise Zone Three and a potential crash zone.
This Ordinance shall be effective from date of adoption.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the Twelfth day of April, 1982.
- 24 -
Voting: 10-0
Council Members Voting Aye:
John A. Baum, E. T. Buchanan, F. Reid Ervin, Vice
Mayor Harold Heischober, Barbara M. Henley, Clarence
A. Holland, M.D., W. H. Kitchin, III, Reba S.
McClanan, Mayor J. Henry McCoy, Jr., D.D.S., and
Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Patrick L. Standing
- 2 5 -
ITEM II-G.2.b ITEM #18052
Attorney Edwin Kellam represented the applicant and requested the
removal of the following conditions:
1. City water and sewer
2. Standard right-of-way improvements will be
necessary along Linkhorn Drive; this includes
pavement widening, curb and gutter, and drainage
facilities.
Edward Sadler, Barefoot Realty, Inc., represented Mr. and Mrs.
Smi th .
Upon motion by Councilman Kitchin, seconded by Councilman Buchanan,
City Council voted to uphold the recommendation of the Planning
Commission and APPROVE the application of JOHN BURTON AND VIRGINIA
M. SMITH for a Change of Zoning District Classification as per the
f ol I owi ng
ORDINANCE UPON APPLICATION OF JOHN BURTON AND Z0482650
VIRGINIA M. SMITH FOR A CHANGE OF ZONING DISTRICT
CLASSIFICATION FROM R-6 RESIDENTIAL DISTRICT TO
R-8 RESIDENTIAL DISTRICT
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA:
Ordinance upon application of John Burton and Virginia M.
Smith for a Change of Zoning t Cll:si fication from
'istric I District on
R-6 Residential District to R 8 Re idell
certain property located on the North side of Linkhorn
Drive beginning at a point 236.76 feet East of Holly Road,
running a distance of 200 feet more or less along the North
side of Linkhorn Drive, running a distance of 134.40 feet
along the Eastern property line, running a distance of 211
feet along the Northern property line, running a distance
of 120 feet in a Southerly direction, running a distance of
75 feet in an Easterly direction and running a distance of
136-10 feet in a Southerly direction. Said parcel contains
.93 acre. VIRGINIA BEACH BOROUGH.
Approval is subject to the following provisions in con-
junction with the intended use of the land:
1. Standard improvements as required by the Site Plan
and Subdivision Ordinances.
2. City water and sewer.
- 2 6 -
3. Standard right-of-way improvements will be
necessary along Linkhorn Drive, this includes
pavement widening, curb and gutter, and drainage
facilities.
4. The developer shall provide an adequate drainage
outfall system with all necessary downstream
improvements and easements.
5. A ten-foot dedication along the frontage on
Linkhorn Drive, 25 feet from the centerline
of the existing 30-foot right-of-way to pro-
vide for an ultimate 50-foot standard right-
of-way.
This Ordinance shall be effective from date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia,
on the Twelfth day of April, 1982.
2 7 -
V o t i n gI 0- 0
Council Members Voting Aye:
John A. Baum, E. T. Buchanan, F. Reid Ervin, Vice
Mayor Harold Heischober, Barbara M. Henley, Clarence
A. Holland, M.D., W. H. Kitchin, III, Reba S.
McClanan, Mayor J. Henry McCoy, Jr., D.D.S., and
Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Patrick L. Standing
- 2 8 -
ITEM II-G.2-c ITEM #18053
Thomas R. English spoke in behalf of his application
Walter J. Pontbriand, owner of property, spoke in favor
Tbe following spoke in opposition:
Roger Newill, represented the Shadowlawn Civic
League
Diana L. Close, President, Shadowlawn Civic
League
Steve Slocumb presented petitions to Council and
owns a lot in the area
Upon motion by Councilman Kitchin, seconded by Councilman Holland,
City Council voted to DENY the application of THOMAS R. ENGLISH for
a Conditional Use Permit as per the following:
Ordinance upon application of Thomas R. English for a
Conditional Use Permit for a duplex on certain property
located at the Northeast Corner of High Point Avenue and
Baltic Avenue, running a distance of 55 feet along the
North side of High Point Avenue, running a distance of
100 feet along the Eastern property line, running a
distance of 55 feet along the Northern property line and
running a distance of 100 feet along the East side of
Baltic Avenue. Said parcel contains .126 acre. VIRGINIA
BEACH BOROUGH.
Voting 9-1
Council Members Voting Aye: (for denial)
John A. Baum, E. T. Buchanan, F. Reid Ervin, Vice
Mayor Harold Heischober, Barbara M. Henley, Clarence
A. Holland, M.D., W. H. Kitchin, III, Mayor J. Henry
McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
Reba S. McC]anan
Council Members Absent:
Patrick L. Standing
- 2 9 -
ITEM II-G.2.d ITEM #18054
Attorney Grover C. Wright, Jr., represented the applicant
The following spoke in opposition:
Mike Lagyglia, resident of area and representing
Old Beach Civic League
Nancy Parker, President of Old Beach Civic League
Ann Stuenberg, 318 22nd Street (backs up to the
property in question)
Councilman Kitchin made a motion, seconded by Councilwoman McClanan,
to uphold the recommendation of the Planning Commission and DENY the
application of GUY-DAN, INC., T/A GHOSTLY GOLF for a Conditional Use
Permi t .
Voting : 5 - 5
Council Members Voting Aye: (for denial)
Barbara M. Henley, Clarence A. Holland, W. H.
Kitchin, III, Reba S. McClanan, and Meyera E.
Oberndorf
Council Members Voting Nay:
John A. Baum, E. T. Buchanan, F. Reid Ervin, Vice
Mayor Harold Heischober, and Mayor J. Henry McCoy,
Jr., D.D.S.
Council Members Absent:
Patrick L. Standing
Due to a tie vote the motion was LOST.
- 30-
ITEM #18054(a)
COUNCILMAN HOLLAND LEFT COUNCIL CHAMBERS
Upon motion by Councilwoman Henley, seconded by Councilwoman Oberndorf,
City Council voted to DEFER ONE WEEK (April 19, 1982) the application
of GUY-DAN, INC., T/A GHOSTLY GOLF for a Conditional Uso Permit as per
the following:
Ordinance upon application of Guy-Dan, Inc., T/A
Ghostly Golf for a Conditional Use Permit for a
miniature golf course on certain pfope-rty located
at the Northeast corner of 21st Street and Arctic
Avenue, running a distance of 200 feet along the
North side of 21st Street, running a distance of
140 feet along the Eastern property line, running
a distance of 200 feet along the Northern property
line and running a distance of 140 feet along the
East side of Arctic Avenue. Said parcel contains
.65 acre. VIRGINIA BEACH BOROUGH.
Voting: 9-0
Council Members Voting Aye: (for deferral)
John A. Baum, E. T. Buchanan, F. Reid Ervin*, Vice
Mayor Harold Heischober, Barbara M. Henley, W. H.
Kitchin, III, Reba S. McClanan, Mayor J. Henry McCoy,
Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Clarence A. Holland, M.D., and Patrick L. Standing
*COUNCILMAN ERVIN VOICED A VERBAL "AYE" FOR DEFERRAL.
- 31-
ITEM 11-G.2.e ITEM #18055
COUNCILMAN HOLLAND RETURNED TO COUNCIL CHAMBERS
Attorney Grover C. Wright, Jr., represented the applicant
Malcolm C. MacDonald appeared in behalf of his application
Upon motion by Councilman Kitchin, seconded by Councilman Ervin,
City Council voted to uphold the recommendation of the Planning
Commission and APPROVE the application of MALCOLM C. MacDONALD
for a Conditional Use Permit as per the following:
ORDINANCE UPON APPLICATION OF MALCOLM C. R0482451
MacDONALD FOR A CONDITIONAL USE PERMIT
FOR 9 MOTEL UNITS
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
Ordinance upon application of Malcolm C. MacDonald for
a Conditional Use Permit for 9 motel units on certain
p o@perty located on the West side of Pacific Avenue
beginning at a point 75 feet South of 24th Street,
running a distance of 65 feet along the West side of
Pacific Avenue, running a distance of 50 feet along
the Southern property line, running a distance of 65
feet along the Western property line and running a
distance of 50 feet along the Northern property line.
Said parcel contains .07 acre. VIRGINIA BEACH BOROUGH.
Approval is subject to the following provisions in con-
junction with the intended use of the land:
1. Standard improvements as required by the Site Plan
Ordinance.
2. City water and sewer.
This Ordinance shall be effective from date of its adoption.
Adopted by the Council of the City of Virginia Beach, Virginia,
on the Twelfth day of @ril, 1982.
3 2-
Voting: 1 0- 0
Council Members Voting Aye:
John A. Baum, E. T. Buchanan, F. Reid Ervin, Vice
Mayor Harold Heischober, Barbara M. Henley, Clarence
A. Holland, M.D., W. H. Kitchin, III, Reba S. McC]anan,
Mayor J. Henry McCoy, Jr., D.D.S., and Meyera E.
Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Patrick L. Standing
- 3 3-
ITEM II-G.2.f ITEM #18056
Stuart H. Held spoke in behalf of his application
Robert Bailey, owner of property at 1002, The Midway, and past
President of his civic league.
Upon motion by Councilman Kitchin, seconded by Vice Mayor Heischober,
City Council voted to DEFER FOR TWO WEEKS (April 26, 1982) the
application of STUART H. HELD for a Conditional Use Permit as per the
following:*
Ordinance upon application of Stuart H. Held for a
Conditional Use Permit for a duplex on certain
property located on tfie South side of Pinewood Drive
beginning at a point 565.52 feet East of The Midway,
running a distance of 50 feet along the South side of
Pinewood Drive, running a distance of 131 feet along the
Eastern property line, running a distance of 50 feet
along the Southern property line and running a distance
of 130.60 feet along the Western property line. Said
parcel contains .15 acre. VIRGINIA BEACH BOROUGH
Voting: 10-0
Council Members Voting Aye: (for deferral)
John A. Baum, E. T. Buchanan, F. Reid Ervin, Vice
Mayor Harold Heischober, Barbara M. Henley, Clarence
A. Holland, M.D., W. H. Kitchin, III, Reba S. McClanan,
Mayor J. Henry McCoy, Jr., D.D.S., and Meyera E.
Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Patrick L. Standing
*Tbe City Attorney is to complete the title search and report to
Council .
- 34 -
G E N E R A L B 0 0 T H B 0 U L E V A R D
ITEM II-H.1 ITEM #18057
The following persons spoke in opposition to the proposed Ordinance
regarding General Booth Boulevard:
Attorney John W. Richardson, represented Don Pratt
and John Wilson who are property owners along the
side of Oceana Boulevard (close to Nimmo Church)
and requested deferral of the proposed Ordinanc.
Herbert Dugroo, resident of 2240 Oceana Boulevard
William Seward, owner of a two acre parcel on Old
Dam Neck Road and General Booth Boulevard
Dale Wilkerson, resident of Old Dam Neck Road and
spokesman for other residents on Old Dam Neck Road,
requested a stoplight be placed at the connector
road and New Dam Neck Road
Upon motion by Councilwoman McClanan, seconded by Councilwoman Henley,
City Council voted to include a traffic signal at the connector road
and New Dam Neck Road in the plans of General Booth Boulevard Phase I.
Voting : 9 - 1
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, Vice Mayor Harold
Heischober, Barbara M. Henley, Clarence A.
Holland, M.D., W. H. Kitchin, III, Reba S.
McClanan, Mayor J. Henry McCoy, Jr., D.D.S.,
and Meyera E. Oberndorf
Council Members Voting Nay:
E. T. Buchanan
Council Members Absent:
Patrick L. Standing
- 3 5-
ITEM #18058
Upon motion by Councilwomaan McClanan, seconded by Councilman Baum,
City Council voted to DEFER TO MAY 10, 1982 the Ordinance to
authorize acquisition of property in fee simple for right-of-way
for General Booth Boulevard Phase I and the acquisition of temporary
and permanent easements of right-of-way either by agreement or by
condemnation.
Voting: 1 0 - 0
Council Members Voting Aye: (for deferral)
John A. Baum, E. T. Buchanan, F. Reid Ervin*, Vice
Mayor Harold Heischober, Barbara M. Henley, Clarence
A. Holland, M.D., W. H. Kitchin, III, Reba S. McC]anan,
Mayor J. Henry McCoy, Jr., D.D.S., and Meyera E.
Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Patrick L. Standing
*COUNCILMAN ERVIN VOICED A VERBAL "AYE" FOR DEFERRAL
Al,'
1;7AY
YOC)TH I AND
T,'117
"AY,
F@'.LTI!Ei@ 13Y O@,@ L"Y CO@@@)F-,!,IN.NTlo,,,@.
in th@.
c,
Virginia Beach, 'Virg@Liiia, a p@AlDlic neC-@."Sit-y exists fc)r tile
Const)-u(-,-Iioii of this iin@ortailt PrOject t--() Drovide transiDortati@--n
and for other public purpc)ses for the pr(eservatiori cl@ th@a safet@',
healtli, peace, qoc)d. crder, comfort, cOll@7enierice, and for the
welfare of tlie Deople in the Cit-v Of Vilgin4-a Beach:
NOW, TIJEREFK)RE, BE TT ORDAINED BY THE COUNCIL OF THE
CITY OF VIRGINIA REACH, VIRGINIA:
Section 1. !,hat the City Attornev is lier@-by authorized
and directed to acquire by purchase or condemnation pursuant to
Sectioias 15.1-236, et seq., 15-1-898, 1 D .1-899, and Scction
33.1-80 et sec., Cc,,de of Virginia of 1950, as amended, aJ.1 tliat:
certai-n real propertv in fee simple, includinq teinr)orary atid
permanent easements of riqlit of ,.,ay as sliown oii t@,,2 r)lar,E;
entitled, Generpl. Boo'@-ii Boul(,.vard, Phasc, I these plans beiriq cri
filc@ -'ri the Office of Rcal Estalle Department Of PLiblic Works,
Virqin4@a Beach, Virqinia.
Section 2. That the City Attortiey is liereby alithorizc-d
to Triile or cause "o be ineide on belialf of .he City of Virginia
Beach, to the cxterit tliat funds are available, a reasonab@.e o-4fer
to the owiiers or persons having an interest in said lands, if
refused, tlie CitN, Attorney is hereby authorized to institute
proceedings to condemn said pror)erty.
Section 3. That an eriergency is I)ereby declared .-o
ex4-st and this ordi.i-ianc@, be in force and e-ffect fron the
A6c)r,)@eci by the Council of the (7,ity of @l;-rcirlia "O@ch,
Viiqi@iia, oii 'lie day of 19
DEFERRE-U: A p r i 112, 1982
T'
19)
- 3 7 -
L 0 W B I D
ITEM II-H.2 ITEM #18059
COUNCILMAN HOLLAND LEFT COUNCIL CHAMBERS
The following bids have been received for the Refuse Transfer Station
Civil and Related Work Project (3-940):
Womack Contractors $164,205.00
Asphalt Roads and Materials
Company, Inc. $173,959.00
E. V. Williams Company $190,000.00
D. J. W. Construction Company, Inc. $194,122.05
Engineer's Estimate $180,000.00
Upon motion by Vice Mayor Heischober, seconded by Councilman Ervin,
City Council voted to uphold the recommendation of the City Manager
and APPROVE the low bid of Womack Contractors, in the amount of
$164,205.00 for the Refuse Transfer Station - Civil and Related
Work Project (3-940) and authorized the City Manager to enter into
the necessary agreements for the implementation of this project.
Voting : 9 - 0
Council Members Voting Aye:
John A. Baum, E. T. Buchanan, F. Reid Ervin, Vice
Mayor Harold Heischober, Barbara M. Henley, W. H.
Kitchin, III*, Reba S. McClanan, Mayor J. Henry
McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Clarence A. Holland, M.D., and Patrick L. Standing
- 38-
A P P 0 I N T M E N T S
ITEM II-I.1 ITEM #18060
Upon nomination by Councilman Ervin, City Council voted to APPOINT
Oscar Northen to the BOARD OF PLUMBING AND MECHANICAL APPEALS for
a term of two (2) years*beginning May 1, 1982 and expiring
October 2, 1984.
Voting : 9- 0
Council Members Voting Aye:
John A. Baum, E. T. Buchanan, F. Reid Ervin, Vice
Mayor Harold Heischober, Barbara M. Henley, W. H.
Kitchin, III, Reba S. McClanan, Mayor J. Henry
McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Clarence A. Holland, M.D., and Patrick L. Standing
*Council approved an October expiration to be in compliatice with other expirations
on this Board
- 3 9 -
P 0 E S I D I A I N S T I T U T E
R A F F L E P E R M I T
ITEM II-J.1 ITEM #18061
Jean Campbell, Executive Director of Poesidia Institute spoke in
favor of the requested Raffle Permit.
The City Manager advised the original application of Poesidia
Institute was denied by City Council and "what was termed as an
amended application was filed and the City classified it as a
new application which is being held pending revisions to that
application to bring it in line with the new Ordinance".
Upon motion by Vice Mayor Heischober, seconded by Councilman Baum,
City Council voted to DEFER ONE WEEK (April 19, 1982) the application
of POESIDIA INSTITUTE for a raffle permit until the City staff has the
information needed to make a proper recommendation to this Council.
Voting : 8-0
Council Members Voting Aye: (for deferral)
John A. Baum, F. Reid Ervin, Vice Mayor Harold Heischober,
Barbara M. Henley, W. H. Kitchin, III, Reba S. McClanan,
Mayor J. Henry McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Abstaining:
E. T. Buchanan
Council Members Absent:
Clarence A. Holland, M.D., and Patrick L. Standing
- 40 -
A D J 0 U R N M E N T
ITEM II-L.1 ITEM #18062
Upon motion by Councilman Ervin, City Council adjourned at 6:00 p.m.
Diane M. Hickman, Deputy City Clerk
Ruth Hodges SRrith, CMC, ity Clerk Mayor J. Henry McCoy, Jr., D.D.S.
City of Virginia Beach,
Virginia
12 April 1982
dmh/led