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Home My WebLink AboutAPRIL 26, 1982 MINUTES M I N U T E S VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia 26 April 1982 The Regular Meeting of the Council of the City of Virginia Beach, Virginia, was called to order by Mayor J. Henry Mcdoy, Jr., D.D.S., in the Conference Room, City Hall Building, on Monday, 26 April 1982, at Five-Thirty in the evening. 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. Kitcliin, III, Reba S. McClanan, Mayor J. Henry McCoy, Jr., D.D.S., Meyera E. Oberndorf, and Patrick L. Standing Council Members Absent: None ITEM #18094 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 empl oyment, 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. - 2- Upon motion by Councilman Buchanan, seconded by Councilman Standing, City Council voted to proceed into the EXECUTIVE SESSION following the INFORMAL SESSION. Voting: 11-0 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., Meyera E. Oberndorf, and Patrick L. Standing Council Members Voting Nay: None Council Members Absent: None -3- M A T T E R S B Y C 0 U N C I L M E M B E R S BRIEF SPEAKERS ITEM #18095 Mayor McCoy requested Council keep any questions, etc., they may have during the Regular Agenda or the Public Hearing as brief as possible as there are some 90 speakers for the Public Hearing alone. Mayor McCoy advised that each person signed to speak will be granted three (3) minutes to make their presentations. BUDGET WORKSHOP ITEM #18096 Councilman Baum requested Council hold two (2) workshops after the May Councilmanic Election instead of the one scheduled for April 28, 1982. It was the consensus of Council to hold a Budget Workshop on Monday, May 3, 1982, at 11:00 a.m., and Thursday, May 6, 1982, at 5:00 p.m., cancelling the one scheduled for April 28, 1982, at 5:00 p.m. I N F 0 R M A L S E S S I 0 N ASSAMOOSICK SWAMP POTABLE WATER SUPPLY PROJECT ITEM #18097 The City Manager advised he had placed on the FORMAL AGENDA two (2) Resolutions, one concerned with the Assamoosick Swamp and the other concerning water and sewer systems in Virginia Beacb. The City Manager advised that it was his understanding that several members of Council wished to have the Resolution on the Assamoosick Swamp deferred. Councilman Standing advised Council that the Southeastern Public Service Authority (SPSA) needed Council's adoption of the Resolution before they can proceed with additional studies. By consensus of Council, additional wording was discussed and will be added to tbe Resolution which will be voted on in FORMAL SESSION. "BE IT FURTHER RESOLVED, THAT THE CITY OF VIRGINIA BEACH WILL CONTINUE TO EXPLORE OTHER SOURCES OF WATER SUPPLY THAT MAY BE AVAILABLE." - 7- ITEM II-E ITEM #18102 The Public Hearing on the proposed budget will be AFTER the regular Council agenda. R E S 0 L U T I 0 N S ITEM II-F.1 ITEM #18103 Upon motion by Councilman Standing, seconded by Vice Mayor Heischober, City Council voted to uphold the recommendation of the City Manager and ADOPT the Resolution relating to the Assamoosick Swamp Potable Water Supply Project with the inclusion of the following wording:* "BE IT FURTHER RESOLVED, THAT THE CITY OF VIRGINIA BEACH WILL CONTINUE TO EXPLORE OTHER SOURCES OF WATER SUPPLY THAT MAY BE AVAILABLE." Voting: 11-0 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. B. Kitchin, III, Reba S. McClanan, Mayor J. Henry McCoy, Jr., D.D.S., Meyera E. Oberndorf, and Patric-k L. Standing Council Members Voting Nay: None Council Members Absent: None *This Resolution has SPSA'S approval and acceptance. - 8- At a meeting of the Council of the City of Virginia Beach, held on the Twenty-Sixth day of April, 1982, the following Resolution was adopted RESOLUTION RELATING TO THE ASSAMOOSICK SWAMP POTABLE WATER SUPPLY PROJECT WHEREAS, the Southeastern Public Service Authority of Virginia has prepared a report for a proposed source of surface water supply for Southeastern Virginia, entitled "Somerton Creek and Assamoosick Swamp Preliminary Engineering Report" dated February, 1982; and, WHEREAS, the findings of said report indicate that the proposed Assamoosick Swamp Reservoir supplemented by Nottoway River withdrawals will produce approximately 65 million gallons per day of potable surface water; and, WHEREAS, it has been stated that this quantity of water, if developed, will meet Southeastern Virginia's water supply needs into the 21st Century. NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, endorses the continuati6n of efforts by the Public Service Authority to develop this proposed source of water supply. BE IT FURTHER RESOLVED, that the City of Virginia Beach will continue to explore other sources of water supply that may be available. -4 - RESOLUTION/WATER AND SEWER ITEM #18098 The City Manager advised the Resolution concerning the City's water and sewer system has been placed on the FORMAL AGENDA for Council's consideration. Vice Mayor Heischober advised that per the Mayor's request he Councilman Ervin, the City Attorney and City Manager met to review the proposed Resolution and the wording involved. This matter is on the FORMAL AGENDA for further discussion and vote. DIAMOND SPRINGS ROAD ITEM #18099 Councilwoman Henley requested information concerning the proposed Ordinance to authorize acquisition of property in fee simple for right-of-way for Diamond Springs Road/Newtown Road. C. Oral Lambert, Director of Public Works, spoke on this matter and advised Council that three alternatives have been discussed on the Diamond Springs Road alignment and the traffic counts and traffic studies indicated that the alternative of extending Diamond Springs Road South to Northampton Boulevard down to a new intersection (Newtown Road), was the best alternate and would give the City the most benefit immediately and was the least costly. GENERAL POLICIES ITEM #18100 Councilman Baum requested the City Manager to prepare for Council a written explanation or briefing as to the City'a acquisition policies on Road projects. City Council recessed into EXECUTIVE SESSION, (6:05 p.m.) - 5- F 0 R M A L S E S S I 0 N VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia 26 April 1982 7:00 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., Meyera E. Oberndorf, and Patrick L. Standing Council Members Absent: None INVOCATION: Richard J. Webbon City Clerk Retired PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA - 6- M I N U T E S ITEM II-D.1 ITEM #18101 Upon motion by Councilman Buchanan, seconded by Councilwoman Henley, City Council voted to APPROVE the Minutes of the Regular Meeting of 19 April 1982. Voting: 11-0 Council- Members Voting Aye: John A. Baum, E. T. Bucbanan, F. Reid Ervin, Vice Mayor Harold Heischober, Barbara M. Henley, Clarence A. Holland, M.D., W. H. Kitchin, III, Reba S. McClanan, Mayor J. Eenry McCoy, Jr., D.D.S., Meyera E. Oberndorf, and Patrick L. Standing Council Members Voting Nay: None Council Members Absent: None - 9 - ITEM II-F. 2 ITEM #18104 Upon motion by Councilman Buchanan, seconded by Vice Mayor Heischober, City Council voted to uphold the recommendation of the City Manager and ADOPT the Resolution setting forth the policy regarding extension of public water and/or sewer systems into areas developed prior to their availability. Voting: 10-1 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, Mayor J. Henry McCoy, Jr., D.D.S., Meyera E. Oberndorf, and Patrick L. Standing Council Members Voting Nay: Reba S. McClanan* Council Members Absent: None *A copy of Mrs. McClanan's letter st,ating her reasons for voting against this item has been included as a part of these proceedings. 4 2 68 2 -10- Cit@ C>f Nril-&rixaiet REBA S. MC CLANAN 3224 BURNT MILL ROAD COUNC IL MEMBER April 19, 1982 VIRGINIA BEACH, VIRGINIA 23452 PRINCESS ANNE BOROUGH PHONE (504) 34@835 To Whom It 14av Concern: In a large city such as ours, there are many needs and problems, and I am the first to recognize this. However, I am not voting for the water and sewer policy resolution for the following reasons: 1. I do not believe In providing water and sewer lines at all costs or for a@n reason. Daring this past year we have had the highest municipal Intereat rates ever and the trend. Is continuing; most municipalities have delayed any major capital Improvements. Yet we have consistently continued as If there was no change In the borrowing market. At the time of the previous water and sewer referendum. interest rates on municipal bonds were ranging between 5 and 6%. The fact that we had no bids on our original water and sewer bond issue this past year should have told us something. Who knows what the true cost would have been if we had not created a hybrid with our general obligation bonds as pawns? 2. In addition to the 5% greater costs for interest, utilities department representatives have been quoted as Indicating that low bids for utilities projects mean very little as most projects overrun bid quotes. Project bids we approved In 80-81 ran over a million dollars over the bid agreements. This Is in times when supposedly the contractors are supposed to giving us such a good deal on projects because their business Is so limited. We must also remember that oosts other than the direct bid art-. included In departmental costs so that the actual cost of the project is somewhat altered. All of this aside, one must come to grips with the fact that these combined costs alone would increase costs oonsiderably to the water and sever customer. I maintain that it is just as important to do the job economically as to just do It. 3. Was It not Interesting in the report to the public (printed In the Beacon) concerning the status of the water and sewer bonds that no accounting of costs whatsoever was given? Apparently we don't care how our money is spent as long as It is spent. The first advertisement appeared as being authorized by the Water and @er Committee,but that was missing from the seeond advertisement. 4 / 2 6 / 8 2 RESA S. MC CLANAN 3224 BURNT MILL ROAD COUNC IL MEMBER VIRGIN]A BEACH, VIRGINIA 23462 PRINCESS ANNE BOROUGH PHONE fOO41 34@635 page two I have been advised that the report was printed Without the authorization of the water and sewer committee. Nevertheless, being or rather trying to be an optimist, I continued to wait for the report on the costs of projeots; how the referendum money was spent; had we saved any money; were projects runn@ cheaper; eto., but that report has not appeared as of this date. I do not believe @ report is complete until the cost has been computed along with other analyses. But I did find out one fact concerning Gosts of the report, and that was that the City paid over $2,000 for art work that my thirteen year old son could have done for the advertisement. In fact, we apparently paid more for the art work than the cost of advertising itself. This may seem small and in- significant when deal@ with suoh large amounts of money, but the truth is that attitude concerning expenditures of citizens' money should always be conservative, particularly when related to non-essential Items. 4. As this subject resolution Is phrased, it could be said that every subdivision and area of this city is a potential health hazard - and I do not have any doubt that our health department would say so. It has been my experience that the health depart- ment Issues subjective, rather than objective opinions, many times showing little or no evidence of factual conclusive research. Compare the statements of the health department in an article in the April 19, 1982 Richmond Times DisDatch-. "Traditionally, super- visors have claime th t the expense to the system was justified because the homeowners in question had failing home septic systems, posing health hazards. That, Health and Utilities department offloials said, is not so. "When you analyze it, only about 20 per cent of them have septic tank problt.-ms." one official said, while the Board of Supervisx)ms Is spending outlandish dollars to remedy them. Most septic systems can be Installed for about $1,500 and regular, Inexpensive maint&Anance can ensure a long and problem-free life for them, the officials said." 5. Each time I have questioned anything In these regards, our previous city manager has assured me that It didn't make any difference since the rate payer paid the costs for this depart- ment and not the taxpayer. Until we have a change In this philosophyof spending, and some cognizance Is given to other 4 / 2 6 / 8 2 1 2- REBA S. MC CLAt4AN 3224 BURNT MILL ROAD COUNC IL MEMBER VIRGINIA BEACH, VIRGINIA 23452 PRINCESS ANNE BOROUGH PHONE (804) 3404835 page three factors, I am not comfortable with the resolution. The 1978-79 operating budget for this department was $9,948,461; 1979-80 costs were $@1,6o4,339; 1980-81 - $13.561,802; 1981.;82- 14 666 823 and projected 82-83 costs are projected to be 115:847:240. 6. 1 feel that If this current trend of spending, both for referendum and operating costs, continues, we won't be able to afford to reside In this eity. I am requesting that this statement of reasons be attached to the minutes of the April 26, 1982. Virginia Beach City Council meeting. Sincerely, Reb& S. McClj&nan rem 4 / 2 6 8 2 C) "i@ i. N T,, i-@ c,,D,o n PRIO TO 'PHF., AVATI,AIIIE.ITY Til@'Rl-,()F W'lEr@EAS, many areas exist in "he Ci.tv of Virainia lieach v@hich were developed T3rior to availability of C)ubi-ic water and/or to areas,. atic, WliEREAS, i-eal cir potential healtli and @-afety hazar(is may exist i-n such areas as a result of the inability of soil conditions to contintic- to su-oport se@tic t--ank and other on-si@.e disposal systems and of the pc)llution caused by the malfunctioiiing of such systems; and WHEREAS, real or potential health and safety hazards may exist in such areas as a result of the unavailability of adequate supplies of qroundwater fit for human consuript"on and in su-@ficient quantities .o meet demands for fire protecti-on needs; and WHEREAS, the City of Virginia Beach has recoqriized the need to extend public sewer and water service into such areas and has, since'the 1960's, followed a policy for '-)rderly ext@iilion of such service based upon long-established criteria; and 1,7HEREAS, extentions to the systei..i are accomplished througli the water and sewer enterprise fund established for that purpose and the fees thereby qenerated are necessary to maintai.n the financial integr4-ty of tlie fund so that it can remain self-supporting, and WHEREAS, the Council of the City of Virqinia Beach wishes to reaffirm its policy relatina to extension of the public water and sewei systeins into sucli previousl.y devt,-loped areas and to the construction of such water and sewer @@acilities, NOW, THEREFORE, BE IT RESOLVE!) BY THF, '-'OUNCIL OF TIIE CITY OF VIRCINIA BEI@CTI: Tija@r it shpil 6(- the Dolicy of 'llc, cil-@" (-)@ vil:q-@'r).ia Beach to extend the publi-c water and sewcr service iiito unserv@,C) ai.-eas wherie@7er any of-- tlie-, fc)llc)winc4 coricli@-- @@c)ns occlir- a 'rhe Hgalth Delar'@Pien" )f, ot,@cr PUE)li,C agency d(!terniines that a real or pot(@iiti@l" Ii(-.altli or saf'?ty liazard exists, or L). Fiftv-one percen-I (51") c)f tlie I)rol)e.,-t:y owr.,(@rs in a predeterT,,ined servi.@-c @;iqri service, or C. Seventy-five percent (75@@) of tile propertv owners in a predetermined service area silgn agreE'.Mey-@ts requesting City water service; and BE IT FIJR9HEIR RESOLVED, that ut)on the occurrence of any one of such condit4@oiis, the Departmerit of Public Utili.ties shall furnish to the City Manaqcr a service area map, an analysis of need, a prelii!tinary cost ?stimatf-,, and a recomm(.',ndation for such extension Droject. The City r4anaaer sliall then preselit such iriformation to the City Cotin--il. 'Phe Cotincil slial-I determine ivbether tlie prolect is economically feasi.ble. and whL.-tl-lel- it should be included in the Capital improvemeiits Proqram and, if S'J, what P;iority stich project should be given. l@dopte6 by the Couricil of t'@ie C.'Lty of Virginia i3each, Virqinia, on Twenty-Sixth day of April, 1982 RHM/da (RES) 3/17/82 3/24/82 4/0@/82 4/21/82 - 1 5 - ITEM II-F.3 ITEM #18105 Upon motion by Councilman Buchanan, seconded by Councilman Standing, City Council voted to uphold the recommendation of the City Manager and ADOPT the Resolution endorsing and supporting the Clean Community Program in Virginia Beach; AND, authorizing the City Manager to plan, budget and make application for Grant funding from the Virginia Department of Conservation and Economic Development, Division of Litter Control. Voting: 11-0 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, Ill, Reba S. McClanan, Mayor J. Henry McCoy, Jr., D.D.S., Meyera E. Oberndorf, and Patrick L. Standing Council Members Voting Nay: None Council Members Absent: None by: y f'--E-S O--',- U.T 1-0 l@. WtiEREAS, @'he City Council of the City of Virgillia Beach recognizes the existence of a litter problepi within the boundai,ies of Virginia Beach; and W[Ir-REAS, t@ie Virgi.,)ia 1-itter Coi@trol Act of 197C) pi,ovir!('.s, thi-CiAg@, the Department of Conservation and Economic Development, Division of Litter Coritrol, for the allocation of public funds in the foriii of Grants for the purpose of enhancing local litter control programs; and WHEREAS, having reviewed and considered the Regulations and the Application covering adi@inistration and use of said funds. NOW, THEREFORE, BE IT RESOL@IED BY THE CITY COUNCIL OF TIIE CITY OF VIRGINIA BEACH: THAT, the City Council herl@by endor,ses and supports such a progra.,n for the City of Virginia Beach as is indicated in the attached Application Form LC-G-1; and Bc, IT FURTIIER RESOLVED that the City Council of Virginia Beach hereby authorizes tiie City Vianager to plan, budget and apply for a Gratit, w;)icl-1, if approved, viill be uscd to fund said Prograin; and BE IT FURTIIER RESOLVED that the City Council of Virginia Beach hereby requests the Department of Conservation and Economic Development, Division of Litter Control, to consider and approve said Application and Program, said Program being in accord with the regulations governing use and expenditure of said funds. Adopted by the Council of the City of Virginia Beach, Virginia, on the t xth day of 1982 - 1 7 - ITEM II-F.4/5 ITEM #18106 Upon motion by Councilwoman Oberndorf, seconded by Councilman Standing, City Council voted to uphold the recommendation of the City Manager and ADOPT the Resolution authorizing the City Manager to apply to the Virginia Commission of Recreation and National Park Service, Department of the Interior for a Grant of funds to develop Woodstock Park, (match- ing funds are available); AND, a Resolution requesting the Commission of Outdoor Recreation designate Woodstock Park as a public recreation area; AND, to recommend to the State Highway Commission that recreational access funds be allocated for a road to Woodstock Park. Voting: 11-0 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.@ Meyera E. Oberndorff and Patrick L. Standing* Council Members Voting Nay: None Council Members Absent: None *COUNCILMAN BAUM VOICED A VERBAL "AYE" *COUNCILMAN BUCHANAN VOICED A VERBAL "AYE" *MAYOR McCOY VOICED A VERBAL "AYE" *COUNCILWOMAN OBERNDORF VOICED A VERBAL "AYE" *COUNCILMAN STANDING VOICED A VERBAL "AYE" At a ineeting o' Llie-- of th,? Cit," of hel@. on thr@ 20th day of April, 1982, the foll--o-wing resolutic)n was adopted. R E S 0 L U T I 0 N WIIEREAS, tlie Woodstock Park is owned and. is to be devel.oped by the City of Virg-'Inia Beach as a recreational facility ser,,7ing the residents of Virginia Beach and adjoining communities; and WHEREAS, the facility is in need of adequate access; and WBEREAS, the procedure governing the allocation of recreational access funds as set forth in Section 33.1-223, Code of Virginia, as amended, requires joint action by the Commission of outdoor Recreation and the Highway Commission; and WIIEREAS, a statement of policy agreed upon between the said Commissions approves the use of such funds fbr the construction of access roads to publicly-owned recreational areas or historical sites; and WHEREAS, the City Council of Virginia Beach has duly adopted a zoning ordinance pursuant to Article 8 (Section 15.1-486 et. seq.), Chapter 11, Ti.tle 15.1; and WHEREAS,'it appears to the Ci:ty Council that all requirements of the law have been met to perniit the Commission of OUtdoor Recreation to designate the Woodstock Park as a recreational facility and further permit the Virginia Highway Commission to provide funds for access to this public recreation area in accordance with Section 33.1-223, Code of Virginia, as amended: NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACII, VIRGINIA: That it is lacreby rcqucstc,.d that -,ho Conimission of Outdoor Recreation designate the Woodstock Park as a public recreati-onal, are,7 @inO tc j, w,-, - Commission that recreational access funds be al.l.ocated for an access road to serve said park; and BE IT FURTHER RESOLVED, that the Virginia Highway Co,=ission is hereby requested to t@ie n(-cessc7rv recreational access funds to provide a suitable access road as hereinbefore described. ADOPTED: Twenty-Sixtli day of April, 1982 JW:JDB:er 4-19-82 7 @\t a T,le,? t :Iii g of L hc, Cou,,c t,le C it: Y al Vi r,,@ inia B,2ac Ii, liel on th,, z6@ i@ dav c)f Alril , 19,S 2 , fOl'-O@7ing resolution was adopted. R E S 0 L-U T I 0 ',.q WHEREAS, the Vil@@ir@ia COnilnis@,ic", of Outdoor Recre-atioll provides fuiids to ass@;st Political ul)divi,i,,, ,f tiie StaLc of Virginia in acquiring and developing open space and park lands; ,a lid WliEREAS, there are urgent needs within the City of Virginia Beach to develop park land; and WHEREAS, the area known as Woodstock Park is deemed of higli developinent priority by said City Council of Virginia Beach. WHEREAS, in order to attain ftinding assistance froin the Virgi.nia Commission of O,tdoor Recreation, it is liecessary that the City Council of Virginia Beach guarantees a proportionate share of tlie cost thereof; and WHEREAS, the proportionate share is funded fifty percent (50%) by the Virginia Coir@mission of outdoor Recreation and fifty percent (50%) by the Council of the City of Virgiiiia Beacli: NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Virginia Beach that the City Manager is hereby authorized to cause such information or materials as may be necessary to be provided to the appropri-ate State agency and to enter into sucy',.@t-. agreements as may be necessary to permit the formulation, approval and funding of the Woodstock Park Project; and BE 11 FURTIJER RESOI.VED, that the City of Virgiiiia Beacb g@ves iT-s assti-rance that the funds needed as the @-oportionate shaie of -lie cost of the approved program will be provided up to $95,849 and BE TI' FLfl"Ffill !" RI'SO 11- t I- Ii c,, C i t)@ of k'i rg @ ri@l P,, gii,es its assurance tl)at tlie -@ei,,eral Provisioii,; o' the I,,qn(i ai,cl lVater Conservation Fi-iiid aiid tlie Ozltdoors I'@und Procedures ,:ill be complied with in the adpiinis-li,ation o@@ tliis project; ajid BE IT FURTHER RESOLVED, tllzit irlic (:it,, of gives its assurance tliat all other appl@@cable State and Federal regulations governing such exppnditure of funds provided by tlie Virgi-nia Commission of Outdoor Recre,,ition will. be coniplied witli in tlie administration of this project; and BE IT FURTHER RESOLVED, that the Natio@ial Ilarl@ Service, U.S. Departmeiit of the Interior, and the Virginia Comniissioll of Outdoor Recreation is respectfully requested to assist in tlie prompt approval and fuiiding of the lvoodstock Park Project in order to enliance tho standard of recreat4lonal enjoyment for all our citizenry. ADOPTED: Twenty-Sixth dav of April, 1982 Al-j APP - 2 2- C 0 N S E N T A G E N D A ITEM II-C ITEM #18107 Upon motion by Vice Mayor Heischober, seconded by Councilman Buchanan, City Council voted to uphold the recommendation of the City Manager and ADOPT the CONSENT AGENDA by ONE MOTION. Voting: 11-0 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., Meyera E. Oberndorf, and Patrick L. Standing Council Members Voting Nay: None Council Members Absent: None - 2 3 - ITEM II-G.1 ITEM #18108 Upon motion by Vice Mayor Heischober, seconded by Councilman Buchanan, City Council voted to uphold the recommendation of the City Manager and ADOPT the Ordinance to authorize acquisition of property in fee simple for right-of-way for Diamond Springs Road-Newtown Road CIP #2-406 and the acquisition of temporary and permanent easements of right-of- way, either by agreement or by condemnation. Voting: 11-0 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, IIT, Reba S. McClanan, Mayor J. Henry McCoy, Jr., D.D.S., Meyera E. Oberndorf, and Patrick L. Standing Council Members Voting Nay: None Council Members Absent: None A'@l ORDIt@A',,'-'Fl TO AUTITORIZE A-1c@UISITIO,'j OF PROPEIZTY IN FEE SIP@IPLE FOR RT.GH'P OF @,IAY FOR f)IAMONI) SIRINGS ROAD, CIP 02-406 ANY) "@'F.E ACQLIISITION 01;' TF@@IPOR,:,RY AND PERMANENT EASEMENTS OF RlGqT OP' WAY, PITfiER BY AGIZEEMENT OR BY CONDEMNATION. WfIF1,1@AS, iii the opii)ior, c)f tli-- Couiici-1 o@ Liie City f Vi-rginia Beath, Virginia, a public nece@,sity exists for the construction of this impor"ant roadway to provide transportation and for other public purposes for the preservatiori of the safetv, health, peace, qood order, comfort, convenience, and for thc welfare of the people in the City of Virginia Beach: NOW, TIIEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: Section 1. That the City Attorney is hereby authorized and directed to acquire by purchase or condemnation pursuant to Sections 15.1-236, et seq., 15.1-898, 15.1-899, and Section 33.1-89 et seq., Code of Virgini.a of 1950, as amended, all tliat certain real property in fee siinple, includinq ternporary and permanent easements of right of way as shown on the plans entitled, "PLAN AND PROFILE OF PROPOSED CONSTRUCTION OF DIAMOND SPRINGS ROAD - PHASE 1-A, NEWTOI@7 ROAD - PHASE 1-B FROM: 0.266 MI. @TORTH OF INT. @7ORTHAMPTO'@ BLVD. TO-. 2.150 ?,Il@. 0-0-17T[l OF !NT. NORTHAMPTbN BLVD." these plans being on file in the Office of Real Estate Department of Public Works, Virginia Beach, Virginia. Section 2. That the City Attorney is hereby alitliorized to make or cause to be made on behalf ol@ the City of Virginia Beach, to the extent that funds are available, a reasonable offer to the owners or persons having an interest in said lands, if refus--d, the City Attorney is hereby aLlthOrized to institute proceediiigs to condemn said property. Section 3. That an energen,@y is he,-eb,,, Oecl.ared to exist and this ordinarice shall be i.n force aiid effect from the date of its adoption. Adopte(I by tlie Cotinci.*L of th(@ C4.ty of Vir'3inia PE,@icii, Virgi.nia, ori tlic--- __26 day of Al@ril ]@9 8 2 j@g - 2 5 - ITEM II-G.2 ITEM #18109 Upon motion by Vice Mayor Heischober, seconded by Councilman Buchanan, City Council voted to uphold the recommendation of the City Manager and ADOPT the Ordinance appointing viewers in the application of Robert A. Barr for the closure of a Fifteen Foot Alley in the Croatan Beach area. (LYNNHAVEN BOROUGH) Voting: 11-0 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., Meyera E. Oberndorf, and Patrick L. Standing Council Members Voting Nay: None Council Members Absent: None i@@, I L c CD i@ a t@ c, til f; 3 2 LIPPIY tt) t@l@@ C,' i t C,) C)l@@-@ r- ty i t ll(,i to ti-i L'@ Ei i i't f i (I y f il y iiiccnverii,--ticc )-t2sult fyo;@i tlia of. tihc- port--ioli of f(-,et Qi@dc, z@iid 'ri,)@ f4lL@,] S@l E,,pp lic,,.At:ioii k.,'itti s@ii(I be it -i,,(, CCLlncil or t.tie -iL@, BLc-h. Tl,iat C. Oral Lainbert Robert J. Sco tt David M. Groclimal to the b(III), 'k? rol@ort 4n %,?riting t-- thc- Council on oi: beforo 11,11.2, w@ictl@er ii-@ th@"y ol_,Inic)f-i, @iiiy, anJ iL ai)y, ijiconveniencp- would i:eslilt in thc, discont-i-iiuip.9 afid v"Icating of a portion of that certain street of variable wi(3th I.o(@ated i.,i the City of Virgiriia Beach, Virginia, and ffiore I-)articularly described as follows: The iiestern seven and one-half feet of that certai.n fifteen foo-I alley adjacent to Lot 10, Block 20, Croatan Bc,--tch, E!s S-ho@,,n on Ihit certain plat entitlei, "Croatin Beach dated July 4, 1949, ma.,3e bv @qjllj,am T. C.E., and recorded i@-, t. ii CCfic@, ,)f t-h(, f 61 L -,:ii )it 3- 1,1 n r@ r@ 1: i- t ii :A i o t -L 0 T3J oci, 2 0 E's upon t c,- r t,: ii @ii,i r@ v - t.L -,@i y 2, I,c,@ 10, @'Jc)c;,, 2(', V B V., Z)I; 17v- iF attached hereto and m@,j@ @l Part t,) b, r c, c 0 i,,i th thc,, I-Ir@i inai-ic-c cio2;ing e(2 - 28- ITEM II-G.3 ITEM #18110 Upon motion by Vice Mayor Heischober, seconded by Councilman Buchanan, City Council voted to uphold the recommendation of the City Manager and APPROVE the raffle permit for the Virginia Beach Little League, Inc.. Voting: 11-0 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., Meyera E. Oberndorf, and Patrick L. Standing Council Members Voting Nay: None Council Members Absent: None - 2 9 - P L A N N I N C A G E N D A ITEM II-H.I.a ITEM #18111 Stuart Held spoke in behalf of his application The following spoke in opposition: William Maston Lee Waddell R. N. Bishop chose not to speak Upon motion by Councilman Kitchin, seconded by Councilwoman McClanan, City Council voted to uphold the recommendation of the Planning Commission and DENY 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 U8e Petmit for a duplex on certain property located on the 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. VTRGINIA BEACH BOROUGH. *The City Attorney advised a title search was conducted and the property is not a part of Lake Holly. - 30- Voting: 7 - 4 Council Members Voting Aye: (for denial) E. T. Buchanan, F. Reid Ervin, Barbara M. Henley, W. H. Kitchin, III, Reba S. McClanan, Meyera E. Oberndorf, and Patrick L. Standing Council Members Voting Nay: John A. Baum, Vice Mayor Harold Heischober, Clarence A. Holland, M.D., and Mayor J. Henry McCoy, Jr., D.D.S. Council Members Absent: None - 31- ITEM II-H.2.a ITEM #18112 Attorney Donald H. Rhodes represented the applicant The following spoke in opposition: Betty Newberry, Elizabeth River Shores* Frances Newbern Upon motion by Councilwoman Oberndorf, seconded by Councilwoman McClanan, City Council voted to DENY the application of CULLEN M. AND MARY ANN ROGERS McCOY AND L. L. AND SHIRLEY ELIZABETH LIVERMAN for a hange of Zoning District Classification as per the following: Ordinance upon application of Cullen M. and Mary Ann Rogers McCoy and L. L. and Shirley Elizabeth Liverman for a Change of Zoning District Classifi- cation from B-1 Business-Residential District to B-2 Community-Business District on certain property located on the West side of Military Highway beginning at a point 900 feet more or less South of Dyer Place, running a distance of 99.43 feet along the West side of Military Highway, running a distance of 649.96 feet along the Southern property line, running a distance of 365.76 feet along the Northern property line, running a distance of 14.25 feet in a Southeasterly direction, running a distance of 109.33 feet in a Southerly direction and running a distance of 242.88 feet in a Southeasterly direction. Said parcel contains 2.47 acres. KEMPSVILLE BOROUGH. Voting: 9-2 - 3 2 - Council Members Voting Aye: (for denial) 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., Meyera E. Oberndorf, and Patrick L. Standing Council Members Voting Nay: E. T. Buchanan,, and Clarence A. Holland, M.D. Council Members Absent: None *The City Clerk advised Council the opposition presented petitions to her, copies of which will be made a part of these proceedings. - 3 3 - ITEM II-H.2.c ITEM #18113 Assistant Pastor James Yobp represented the applicant Upon motion by Councilwoman Oberndorf, seconded by Vice Mayor Heischober, City Council voted to uphold the recommendation of the Planning Commission and APPROVE the application of WORD OF LIFE CHRISTIAN CENTER for a Conditional Use Permit as per the following: ORDINANCE UPON APPLICATION OF WORD OF R0482456 LIFE CHRISTIAN CENTER FOR A CONDITIONAL USE PERMIT FOR A CHURCH BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: Ordinance upon application of Word of Life Christian Center for a Conditional Use Permit for a church on certain property located on the East side of Princess Anne Road beginning at a point 310 feet more or less South of Edwin Drive, running a distance of 200 feet along the East side of Princess Anne Road, running a distance of 300 feet more or less in a Northeasterly direction, running a distance of 500 feet in a North- westerly direction, running a distance of 180 feet more or less along the South side of Edwin Drive, running a distance of 180 feet in a Southeasterly direction, running a distance of 20 feet in a North- easterly direction, running a distance of 170 feet in a Southeasterly direction and running a distance of 170 feet in a Southwesterly direction. Said parcel contains 2.6 acres. KEMPSVILLE BOROUGH. Approval is subject to the following provisions in conjunction with the intended use of the land: 1. Standard improvements as required by the Site Plan Ordinance. 2. Approval is to be for a one (1) year period. This Ordinance shall be effective from date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty-Sixth day of April, 1982. - 34 - Voting: 11-0 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, 111, Reba S. McClanan, Mayor J. Henry McCoy, Jr., D.D.S., Meyera E. Oberndorf, and Patrick L. Standing Council Members Voting Nay: None Council Members Absent: None - 3 5 - ITEM II-Ii.2.d ITEM #18114 Mr. Kevin B. Linehan spoke in behalf of his application Upon motion by Councilwoman Oberndorf, seconded by Councilman Buchanan, City Council voted to uphold the recommendation of the Planning Commission and APPROVE the application of KEVIN B. LINEHAN for a Conditional Use Permit as per the following: ORDINANCE UPON APPLICATION OF KEVIN B. R0482457 LINEHAN FOR A CONDITIONAL USE PERMIT FOR AN AUTO REPAIR SHOP Ordinance upon application of Kevin B. Linehan for a Conditional Use Permit for an auto repair shop on certain property located on the South side of Indian River Road beginning at a point 200 feet more or less East of Kempsville Road, running a distance of 73.44 feet along the South side of Indian River Road, running a distance of 360 feet along the Eastern property line, running a distance of 74.99 feet along the Southern property line and running a distance of 339.97 feet along the Western property line. Said parcel contains .59 acre. KEMPSVILLE BOROUGH Approval is subject to the following provisions in conjunction with the intended use of the land: 1. Approval is for a period of one (1) year. 2. Standard improvements as required by the Site Plan Ordinance. 3. City water and sewer. 4. All repair work shall be conducted within the building. 5. A fenced security area will be allowed. This Ordinance shall be effective from date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of April, 1982. 3 6 - Voting: 11-0 Council Members Voting Aye: John A. Baum, E. T. Bucbanan, 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., Meyera E. Oberndorf, and Patrick L. Standing Council Members Voting Nay: None Council Members Absent: None - 3 7 - ITEM II-H.2.e ITEM #18115 Attorney Melvin Friedman represented the applicant Upon motion by Councilman Standing, seconded by Councilwoman Henley, City Council voted to uphold the recommendation of the Planning Commission and APPROVE the application of GEORGE R. POWELL for a Conditional Use Permit as per the following: ORDINANCE UPON APPLICATION OF GEORGE R. POWELL R0482458 FOR A CONDITIONAL USE PERMIT FOR SINGLE FAMILY RESIDENCES BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: Ordinance upon application of George R. Powell for a Conditional Use Permit for single family residences in the AG-1 Agricultural District on certain property located 600 feet East of Dawley Road beginning at a point 1187 feet more or less South of Pleasant Ridge Road, running a distance of 1400 feet more or less along the Northern property line, running a distance of 1280 feet more or less along the Eastern property line, running a distance of 1500 feet more or less along the Southern property line, running a distance of 300 feet more or less in a Northeasterly direction, running a distance of 100 feet in a Southeasterly direction and running a distance of 1216.44 feet in a Northeasterly direction. Said parcel contains 49.44 acres. PUNGO BOROUGH. Approval is subject to the following provisions in conjunction with tbe intended use of the land: 1. Standard improvements as required by the Site Plan Ordinance. 2. Septic tanks must meet the criteria for installation in pootly drained soils. 3. Limited to two dwellings as per the site plan. 4. A 10-foot dedication will be required for the frontage on Dawley Road, 25 feet from the centerline of the existing 30-foot right-of-way to provide for an ultimate 50-foot standard rigbt-of-way. This Ordinance shall be effective from date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty-Sixth day of April, 1982. - 38 - Voting: 11-0 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., Meyera E. Oberndorf, and Patrick L. Standing Council Members Voting Nay: None Council Members Absent: None - 3 9- ITEM II-H.2.f ITEM #18116 Attorney Eric 0. Moody represented the applicant Upon motion by Councilman Holland, seconded by Councilwoman Oberndorf, City Council voted to uphold the recommendation of the Planning Commission and ADOPT the Ordinance closing, vacating and discontinuing a portion of that certain Street of variable width known as Pleasure House Road and First Court Road, Virginia Beach, Virginia, which plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia. Petition of Morning Star Baptist Cburch, in the Bayside Borough. Voting: 11-0 Council Members Voting Aye: John A. Baum, E. T. Buchanan, F. Reid Ervinj 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., Meyera E. Oberndorf, and Patrick L. Standing Council Members Voting Nay: None Council Members Absent: None *COUNCILMAN ERVIN VOICED A VERBAL "AYE". 4 0 - ORDINANCE NO. IN THE MATTER OF CLOSING, VACATING, AND DISCONTINUING A PORTION OF THAT CERTAIN STREET OF VARIABLE WIDTH KNOWN AS PLEASURE HOUSE ROAD AND FIRST COURT ROAD, VIRGINIA BEACH, VIRGINIA, WHICH PLAT IS RECORDED IN THE CLERK'S OFFICE OF THE CIRCUIT COURT OF THE CITY OF VIRGINIA BEACH, VIRGINIA, IN MAP BOOK AT PAGE WHEREAS, it appearing by affidavit that proper notice has been given by Morning Star Baptist Church, that it would make application to the Council of the City of Virginia Beach, Virginia, on March 1, 1982, at 2:00 p.m., to have the hereinafter described street discontinued, closed, and vacated; and WHEREAS,, it is the judgment of the Council that said street be discontinued, closed, and vacated; NOW, THERFFORE, SECTION I BE IT ORNAINED by the Council of the City of Virginia Beach, Virginia, that the hereinafter described street be discontinued, closed, and vacated: Part One: To establish a point of beginning, begin at a point on the northeast intersection of First Court Road and Pleasure House Road, and thence 2@nning in a northerly direction NigOO9133'w, .03'-to the point o? beginning. Thence continuing in a northerly dirgction N19009111,W. 20.68, to a point; thence N23 09059"F, 8r,-361 to a point on the eastern right of way of Pleasure House Road; thence running along the eastern right of way of Pleasure House Road in a southerly direction S15 17,38w, 101.60, to the point of beginning. Part Two: To establish a point of beginning, begin at a point on the northeast intersection of First Court Road and Pleasure House Road, and thence running in an easterly direction along a curve to the left with an arc length of 23-711 and a radius of 67.00, to the point to beginning. Thence in a northeasterly direction along the existing western right of way of First Court Road N44045,42'E, 193-171 to a point: thence s4lO48119"E, 25.471 radial to a point on a curve; thence running in a southwesterly M.@ 0. 4 2 68 2 -4 1- direction along a curve to the left with an arc length of 37.660 and a radius of 553-00' to a point; thence; S44 o8t48w, loo.63, to a point; thence running along a curve to the right with an arc length of 61-31, and a radius of 67-00' to the point of beginning. Said parcel of land being a portion of Pleasure House Road and First Court Road as indicated on that certain plat of property to be vacated along existing Pleasure House and First Court Roads for Morning Star Baptist Church, which plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 135, at page 28, and which is made a part hereof by reference. SECTION II A certified copy of this Ordinance and the attached plat shall be filed in the Circuit Court of the Clerk's Offict of the City of Virginia Beach, Virginia,in arinex in the name of the City of Virginia Beach as grantor. SECTION III TI-@iS ordinanc!e shall be effective thirty (30) days from passage and after completion of all conditions imposed by City Council of Virginia Beach, Virginia. Respectfully submitted, MOWNG STAR BAPTIST CHURCH By@@( unse.L Eric 0. Moody Moody & Associates, P.C. 605 Green Street, P.O. Box 97 Portsmouth, Virginia 23705 4 2 68 2 - 4 2 - ORDINANCE APPOINTING VIEI@7E-PIS 14HEREAS, The Morning Star BaDtist Church has given due and prot)er notice, in accordance with the statutes for such cases made and provided that thev will on the dav of 1982, apply to the Citv Council of the City of Virginia Beach, Virginia, for the aDT)ointment of Viewers to view the below- described Droi)erty and redort in writing to the Council whether, in the odinion of said Viewers, any, and i@, any, what inconve- nience would result from the discontinuance of the hereinafter described portion of that certain street of variable width, and has filed such al)Dlication with said Council. NOT@T, THE.PEFORE, be it ORDAIITED bv the Council of the Citv of Virginia Beach, Virginia: THAT C. Oral Lambert, Robert J. Scott, David M. ,-rochmal are hereby aDDointed to view the below described DrODertv and re- port in writing to the Council on or before whether in their oninion, anv, and if anv, what inconvenience would result in the discontinuing and vacating of a t)ortion of that certain street of variable width located in the Citv of Virginia Beach, Virginia, and more particularly described as follows: Pt@F@T CNE To establish a rcirt of be,-5-D. at a T.),Oi t m the rir.)rtheist --r intersection. cf First Court '.Z(,ad and-Pleasure @r'@ouse Road, thence rurm@, in a P(,rtherlv direction 1119"nQ"13'T,,,, 21,.03' tc, t-hQ Tic-irt of beg;'u=' 'h ce ccn I I I en t-i@,,ix, a northe-lv ('j.@octic-r TlO'-'C@9-33'W, 20.6,3 , tc p noint; thence 1;2j')09'59"r, 25.3@.' t--c, P T'.ol-rt .M, tl-ie easte--n ri,,,ht ef i,@oy cf- Pleasure Ilouse Pca(,-; t]-,(,r-ce the eastern rj-,zlit of .,P@y cf Pleasure FOLLE 1-@ca(., ir q scut-herly (lixectilcn "115 017'3E'f, 101.60' to the poix,.t o,.: PAFO Tt&) Tc) establish a T,,oir@t of be,Tirming, beg,,In et - T)c,4n@ (,rt ihenortlie,,st j-nt-.P.rsecti.on of First Cax@ Ec,,ac7,. ar.0 Pleasu--,e qnC @':I-,en-ce T-tmnin-,, in m)- eLgsteyl@, di.rect4-M Plori,@. a t(, th(-, l.eft "'Titt, en arc ler,,--,tl-i ef 23.71' and a r,-jdj-us of (.7.0n' t@c th(-, cf LeF,,Irni-nn. 4 a northee.@-terl@7 directicr t-lic ex@st-i , T,,,esterr. ri.- -X' I @ht c,f 71;@,V of 7-irst Ccvrt a nc)-irt; thence 25./@7'r,?dial. t(-, i roirl- cr ,, ciyy,.Te; t-herc(- TU.M-iP", iP 'i. 15recti.cp alcpq ,i c,,ilT@ve t(, t--he left @m --c -@7.66.' -ond a ridius of 55@,.00' to a Doirt; th@.ce 0-44uOl'4-C'@,, 100.63' to a Toint; therice rum@a alc-n.'@ a clirve tc,. the rig;ht @'M arc length of C-1.31' an@e a radius of 67.OC' tc tl,-e PC'.i.Tit of be@inni4g. All the above as shown udon that certain nlat entitled, "Plat of Portions Pleasure flause Road and First Road to be Closed" @ch Dlat is attached hereto and made a Part hereof and intended to be recorded with the Ordinance closing the aforedescribed street. 4 / 2 6 / 8 2 -4 3- P E T I T I 0 N TO: THE MI.YOP AND THE MEMBERS OF THE COUNCIL OF THE CITV- OF VIRGINIA BEACH, VIRGINIA Your petitioner, The Morning Star EaDtiSt Church, re- spectfully represents as follows: 1. That pursuant to the Drovisions of Sect!-on 15.1-364 of the 1950 Code of Virginia, as amended, the -petitioner applies for the vacating, closing, and discontinuar..ce of a Dortion of tliat certain street, which is more specifically described as follows: P,A.RT ONE To establish a point of beginning, begin at a @t on the northeast intersection of First Ccurt Road an-d Pleasure House Road, and thence runnirg i-n. a ncrtherly directic)r 1,71.01 009 "-13'1@, 24.03' to the point of befinning. Thence ccnt !.R a norther- ly direction N19 09'33'@l, 20.68' to a DOint; thence tq23-09'59"E, 85.36' to a point on the eastern right of way of Pleasu--e licuse Poad; thence running al@ the eastern Sight of i,7ay cf Pleasure Hame Road in a scutherly direction S15 17'38"V, 101.60' tc the point of begirriirv,. PART TWO To establish a Doint of Ii b at a po t e n h- @imirg e_gin in cn th ort east intersection of Fir--t Court Road and Pleasure HcLise Poad, and thence in ar, east-f.,-rli direction along a curve to the left with m arc length cf 23.71' ar,-d a radius of 67.00' to the Doint of begiming. Ther,.ce in a ncrthea--ter:kr directior. alc.,ng, the existing western right of w4y of First Ccurt ',oad F4L,,045'Z,2"F, 193.17' to a i)oint-; thence S41-4Z,'19@'E, 25.4@7' rici.al to a ooint on a curve; tl.ence in a south,,esterlv di-rection alonp a @e to the left ,,,-ith av. qrc length of 37.66' and a raeius of 553.00' to a T)oint; thence S@08'48"Vi, 100.63' to a Doint; thence ruro-in,@ al:o-m, a curve to the right with an arc lergtl,. of 61.31' and a radius of 67.00' to the Doint of begimir!z. q-aid parcel of land, bein@ a L)Ortion of Centerville Turn-- pike, as indicated on that certain Dl.at @-ntitled, '@Plat o; P'ti, Pleasure liouse Foad ard First Court Road to be Closed" fc,,.- the Mornina. 0-tar Baptist Church, 4 / 2 6 / 8 2 44 - Virginia Beach, Virginia," which T)lat is attached hereto a-nd made a Dart hereof and intended to be recorded with the Ordinance closing the aforedescribed street. 2. That no inconvenience will result to any nersons by reasons of said closing, vacation, and discontinuance of said street; and the Detitioner Drays that this Honcrable Council aDDoint viewers as provided by law to view said Vlatted street proposed to be closed and to redort in writing to the Council on or before the day Of 1 1981 as to whether in the opinion of said Viewers, what inconvenience, if any, would result from- the discontinuance and closinr of this Dortion of said street, as herein redorted and described. 3. That on the day of 198. Notice of the presenting of this ADDlication waS DOsted at the Courthouse of the Circuit Court of the Citv of Virginia Beach, Virginia, on the premises to be closed, and at the Citv Hall Annex, 19th Street and Arctic Avenue, Virginia Beach, Virginia, as evidenced bv the Affidavit attached hereto, and a cody of said Notice. 4. That the Petitioner is fee sindle owner of all land along and adjacent to and affected bv said Dortion of the Dlatted street to be closed and conseq.uently, your Petitioner is the only landowner affected by the same. RESPECTFULLY SUBMITTED, THE MORNING STAR -APTIST C@URCH BY Of Counsel ERIC 0. MOODY MOODY & ASSOCIATES, P.C. P.O. Box 97 605 Green Street Portsmouth, Virginia 23705 4 2 68 2 - 4 5- ITEM II-H.2.b ITEM #18117 THIS MATTER WAS "DROPPED DOWN" IN THE AGENDA IN ORDER TO LOCATE THE APPLICANT A letter was received from the applicant requesting WITHDRAWAL The following registered in opposition: Edward Stein Mr. A. L. and Mrs. C. H. O'Toole Jerry Lavely Martin Waranche Louis Valentine Thomas Holland Upon motion by Councilwoman Oberndorf, seconded by Vice Mayor Heischober, City Council voted to uphold the recommendation of the Planning Commission and DENY the application of STANWOOD DICKMAN, ET AL, for a Change of Zoning District classification as per the following: Ordinance upon application of Stanwood Dickman, et al, for A ChAnge of Zbning Di8tritt ClAssification from R-5 Residential District to B-2 Community-Business District on certain property located on the Southeast side of Keener Lane beginning at a point 250 feet more or less Southwest of Holland Road, running a distance of 14.98 feet along the Southeast boundary of Keener Lane, running a distance of 90.42 feet in a Southeasterly direction, running a distance of 91 feet in a Southwesterly direction, running a distance of 90.42 feet in a Northwesterly direction, running a distance of 435 feet more or less in a Southwesterly direction, running a distance of 160.71 feet in a Southeasterly direction, running a distance of 260.93 feet in a Northeasterly direction, running a distance of 209.98 feet in a Southeasterly direction, running a distance of 100.38 feet in a Northeasterly direction, running a 72.51 feet in a Southeasterly direction, running a distance of 216.31 feet in a Nortbeasterly direction and running a distance of 447.44 feet in a Northwesterly direction. Said parcel contains 3.62 acres. KEMPSVILLE BOROUGH. -46 - Voting: 11-0 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, Reba S. McClanan, Mayor J. Henry McCoy, Jr., D.D.S., Meyera E. Oberndorf, and Patrick L. Standing Council Members Voting Nay: None Council Members Absent: None Due to the crowded Council Chambers and being unable to locate the applicant or his representative, the application of Stanwood Dickman, Et Al, was held in abeyance and other applications moved forward in an effort to locate either the applicant or his representative. -4 7 - ITEM II-H.2.g ITEM #18118 COUNCILMAN BUCHANAN LEFT COUNCIL CHAMBERS Upon motion by Vice Mayor Heischober, seconded by Councilman Standing, City Council voted to uphold the recommendation of the Planning Commission and ADOPT the Ordinance to amend and reordain Article 1, Section 102(a)(7) of the Comprehensive Zoning Ordinance to establish a B-5 Resort-Commercial District. Voting: 10-0 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., Meyera E. Oberndorf, and Patrick L. Standing Council Members Voting Nay: None Council Members Absent: E. T. Buchanan -4 8- AN ORDINANCE TO AMEND AND REORDAIN ARTICLE 1, SECTION 102(a)(7) OF THE COMPREHENSIVE ZONING ORDINANCE TO ESTABLISH A B-5 RESORT COMMERCIAL DISTRICT BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Article 1, Section 102(a)(7) of the Comprehensive Zoning Ordinance is amended and reordained as follows: 102. Establishment of Districts and Official Zoning Map (a) In order to carry out the purposes and provisions of this Ordinance, the following districts are hereby established: (7) Business Districts shall consist of: B-1 Business Residential B-2 Community Business B-3 Central Business B-4 Resort Commercial B-5 Resort Commercial Adopted by the Council of the City of Virginia Beach, Virginia, on the 26 day of Ai) r il 1982. APPRQVID AS To CO@14 A -f 4 2 68 2 -4 9- ITEM II-H.2.h ITEM #18119 COUNCILMAN BAUM LEFT COUNCIL CHAMBERS Upon motion by Councilwoman Oberndorf, seconded by Councilman Standing, City Council voted to DEFER FOR ONE WEEK (May 3, 1982) the ordinances amending Article 1, Section 105(f) and Article 2, Section 221(g) of the Comprehensive Zoning Ordinance pertaining to nonconforming uses and conditional uses respectively. Voting: 9-0 Council Members Voting Aye: (for deferral) 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., Meyera E. Oberndorf, and Patrick L. Standing Council Members Voting Nay: None Council Members Absent: John A. Baum, and E. T. Buchanan 4 2 6 8 2 - 50- ITEM II-H.2.i ITEM #18120 COUNCILMAN BAUM RETURNED TO COUNCIL CHAMBERS COUNCILMAN BUCHANAN RETURNED TO COUNCIL CHAMBERS Upon motion by Councilwoman Oberndorf, seconded by Councilman Standing, City Council voted to uphold the recommendation of the Planning Commission and ADOPT the Ordinance to amend and reordain Section 3.2 of the Site Plan Ordinance pertaining to procedure for site development plan approval, (requiring bonds for such improvements with surety satisfactory to the City Attorney). Voting: 11-0 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., Meyera E. Oberndorf, and Patrick L. Standing Council Members Voting Nay: None Council Members Absent: None AN CIPDI".@NC@', TO Ar'T"NP "'D SECTION 3.2 OF TTIE SIT@,, PLAN OT?.DINAI\ICE PERTAlt4ING TO PROCED@i-F, FOI@. SITJ-L DEVELOPMENT PLAN APPROVAL BE IT ORDAIIQED BY Tf!F@' Cl-,Y O@- TTi]7, CITY or VIR@,-@INIA.BEACH, Vll@IGII@I.A: That Section 3.2, Procedure for Site Development Plaii Approval, of the Site Plan Ordinance is amended and reordainod as follows: 3.2. Procedure for site developmelit plan approval: A.l. The developer shall catise to be prepared a site development plan witli other rnaterial as set fortli in sections 4 and 5. A.2. At the time the site dk',ve-l-Opment plan is pl-esented, a fee of $20.00 per Si.t.@ 3.eve1op,-nent pl@in s@iall be paid to cover the cc)st of exanii.iia'lion an(i processinci. Stich fe('. shall be payable to the treasurer of tlie citv. B: After the site developnient plan, related materials and fees have been submitted, it shall- be reviewed and processed by the citv aqent and other affected citv aqeiicies fc)r conformitv to this ordinance ar)d other applicabl.e regulati()ns. TI)e city agent shall act upoii the site development plan and related material as submitted I)y the developer, or as modifie'.d by the site devel,opment review process, within twenty (20) working days, unless extensive modification to the plan or exteriuating circumstances require additional time, ano if approved, shall certify its approval and state the conditions of such approval, if any, or if disapproved, shall indicate i-Is disapproval and the reasons therefor. C. The, of tl,- c-'Itv @c;,@nt ,hall. !)e note,@ o@i all cop;-es of -Ihc -it,-. do-vclop.-,.Cnt pl,-,i-@ -@o l-,e retained in the r(,cord, referenced and attached to any chanq(-,s or coiidi-tions determined. Ono such copy shjill h('- rettirj)eci to the develol:)er, and others retai-ned as requ4.red @c)r r(,cor@s or furthc@l- ac.,tior, of the Ciepartinent or otlier affc@ctecl @(4ejlc,ies of the city. r).l. Buildiriq peripits shal.1 be issued in accor(lance witli approved si'-Ie development plaris. A co@iy of the approved sit(, r.@lan shall h@ re 4 11 in ti@@, of t,@ inspector's office and all building and@occupancy permits shall conform tc) the provisions of said site development plan. D.2. Prior to issuance of a bui.ldina permit, the developer shall furnish to the citv a certified check or bond with surety satisfa(,tory to the ci.tv attornev. The check or bond shall be in the ainount of the estimate(-' constrtiction costs for,. all public improvveimteinil@s to be acceptcd for de,lication, maintenance and operation bv the citv. Estimated construction costs shall be in accordanc,- wi.th the appro@,e(9 site @,v lopm,,nt plans; and the amount thereof shall. he subject to the aporoval of the departmen'l- of T)ublic work, and the dep@rtment of T)tlblic utilities. E.l. Approval of the site development plan shall be void unless a building permit has been issued or use of the land has commeiiced within one hundred eiqhtv (180) davs from the date of approval. Upon request, reval.idation of the site plan may be. granted for an additional ninety (90) days if all factors of the original site plan review are the same; provided written notice reQuestinq revalidation is received by the city aaent T)rior to expiration of the oriqinal one hundred eighty (180) day period. E.2. A stop work order shall be T)ut on the project if any improvements reaui-red on the approved site development plan are not adhered to during the development of the site. P. When any imTD,I-overri@iit is to be accepted for or c)r)eratioit i)@, the city, the owner or devc-1,Dper sha"l @iL '--lie tiii(@ of city accel-,i-ziricc- respon-ibilii-v provide a certified clieck or a hond, with sur(,tv sati-,fgct(,)rv to the cif-v )t--torn@,,, i,n ttiq a,,Iotint of tn (10@-) o' th@ tc)'@ll cr)riptrti(,.tini, co-t@, nf tlie im-roN,eT,,E-,nt to r,,)v(,,r ti,,, (,,ostf7, -2- --eaiiired to reniedv an\l defecl@ in such i!,',,,-)rO@lellent- @,7hi.(,h arir(, within two (2) yearf, fi-c)r@i tlie, (3at-e of @ic(,'C',i-)tEince C,@- such imorovements hy the ci-ty. This Ordinarice shall. h@ effective on ai)d after the date of its; adoption. Ado.pted by the Cotincil of the City of Virqinia Beach, 26 day of April Virginia, on the i982. RHMI/da 2/22/82 4/7/82 (1981-A) -5 4- 0 R D I N A N C E S F I R S T R E A D I N G S ITEM II-I.I.a ITEM #18121 Upon motion by Councilman Holland, seconded by Councilman Standing, City Council voted to uphold tbe recommendation of the City Manager and APPROVE ON FIRST READING the Ordinance to accept funds totaling $47,034.80 from the Virginia Housing Authority and to appropriate these funds.* Voting: 11-0 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., Meyera E. Oberndorf, and Patrick L. Standing Council Members Voting Nay: None Council Members Absent: None *The Ordinance incorrectly stated the amount as $47,304.80 ORDINANCE () ACCEPT @.,U DS TOTAI,INC $47,03@t." F@,O@f "Ii @ l@,' V I,@G I 1; 1,@ HOUSING 3)1,@'VI'LOPMENT At-,TllORIIY i@ND TO API'ROPRIATE TIIESE FUNDS WHEREAS, the City of Virpiiiia Beach has participated and wishes to contii-i)tic its p r,14-cil@atioi, iii tlie St@ctioii 8 Housilig Program; and, WHEREAS, the City of Virginia Beach has entered into an agreement with the Virginia Housing Development Author4lty (VHDA) to participate in the Program; and, WHEREAS, the Office of Housing and Cominunity Development has been designated to administer tbe Program which will provide rental assistance to low and moderate income residents. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF TIIE CITY OF VIRGI@TIA BEACH, VIRGINIA: TIIAT the City Manager is hereby ailthorized to accept funds for the City, and funds are hereby appropriated for the following purpose: SECTION 8 $47,034.80 BE IT FUPTHER OR@DAINED that tlie appropriations will be financed by $47,034.80 estiniated revenue from VHDA, with no local match required; and, THAT two personnel positions are hereby authorized for the duration of the funding, to be paid from the funds, witli the class of tbe employees to be determined by the City Manager. FIRST READING: 26 April 1982 SECOND READINC: Adopt,@d 1.)y tlie Cou@.ici-I of City f Virginia Bc.@acli, on the day of - 5 6 - C I T Y C 0 D E A M E N D M E N T S ITEM II-I.2.a ITEM #18122 Upon motion by Councilwoman Oberndorf, seconded by Councilman Baum, City Council voted to uphold the recommendation of the City Manager and ADOPT the Ordinance to amend and reordain Chapter 23 of the City Code relating to resisting, obstructing, etc., City Officers by amending Section 23-7. Voting: 11-0 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., Meyera E. Oberndorf, and Patrick L. Standing Council Members Voting Nay: None Council Members Absent: None AN ORDINANCF TO AMT,,,N@) A?,,!) R@,ORDAIN CHAPTF'R 23 OF THE CODE OF TIIE CITY C)@' VIRGINIA BFACH, VIRGINIA REI,ATI@N(, @'O l@l;,PISTIIJG, ETC., CITY OFFICERS BY AMRNDING 23-7 BE IT ORDAINED BY T[iE COUNCIL OF THE CITY OF VIRGINIA BEACA, VIRGINIA: That Section 23-7 is amended and reordaiiied hereto as follows: Section 23-7 Resistin4, obstructinq, etc., city officers. If any person, by threats, or force, attemidt to intimidate or impede a judge, magistrate, justice, juror, witness, or an officer of a court, or any law-enforcement officer, in the discharqe of his duty, or to obstruct or impede the administration of ili-is-lj-c(, i.n an,7 court, lie shall be dE-.Cmed to be guilty of a Class I risdemeanor." Thi.s Ordinance shall be effective on and after the date of its adoption. Adopted by the Council of the City of Virqinia Beach, Virginia, on the 26 day of A ril 19 82. DSH/re 4/7/8 2 (B.2) - 5 8- ITEM II-I.2.b ITEM #18123 Upon motion by Councilman Buchanan, seconded by Councilwoman Henley, City Council voted to uphold the recommendation of the City Manager and ADOPT the Ordinance to amend and reordain Section 30-60(b) of the Code of the City of Virginia Beach pertaining to Standards for Erosion and Sediment Control. Voting: 11-0 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., Meyera E. Oberndorf, and Patrick L. Standing Council Members Voting Nay: None Council Members Absent: None Reotiested bv: City Engineer AN ORDINANCE TO AMFNT) Al@D RFORDAIN SPCTION 30-60(b) OF THE -,ODE OF THE CITY OF VIRC;INIA BEACH, PERTAI@@ING TO STANDARDS r-OR @,'RO@-IION AND SEDIMENT CONTROL. BE IT ORI)AINFD BY IrifiF (,)F' T141@' C TY Of@l VTR(-,),IqTA BEACH, VIRGINIA: That Section 30-60(b) of the Code of the City of Virgini.a Beach is hereby amended and reordained as follows: Section 30-60. Erosion and Sediment Control Proqram. (b) To implement the program referred to in subsection (a) of this section, the city enqine(,r and sucli other pertinent agencies as the City Council- may direct or recruest shall develop standards and specifications for erosion and sediment control and tree protection, which standards and specifications as defined in Chapter Three (3) of tlie "Virqitiia Erc)sion al)r3 Sediment Control Haridbook, Second Edition - 198011 are hereby adopted by the City Council and may from time to time be amended by the councl'l. The standards and specifications for carrying C)ut such program sl)all: (1) Be based u.l)on relevant physi-cal and develcpmental information concerning @-hc watorsheds and drainage basins of tlie city, including, btit not IiiiiLed to, data relating to land use, soils, hydroloqv, geology, size of land area beinq disturbed, proximate water bodies and their characteristics, transportatioh and public facilities and services; (2) Include such survey of lands and waters as may be deemed appropriate by the city enqineer or required by any applicable la@v to identify areas, including multi*.jL,riscli(,,',@ional aii(I wati-rshed areas, @%,it), (3) Contiiti soil, ancl land-(ILsturbirig activities, which stand@irds shall iriclllde criteria, techniques and methods as specified in the document entitled I'virgiiii.a Frosi,o@i @ind Sedi@nent Control Secoiid Editi.oril J-960" aiid in sectioii 30-57 of the Code of the City of Virqinia Beach, for the control of erosion and sediment resulting from land-disturbinq activities; and (4) contain standards for the protection of trees as speciTie(I iii the document entitled "Virqinia Erosion and Sedinient Control J4-andbook, Second Edition, 1980,11 and in secti.on 30-57 of the Code of @the City of Virginia Beacli. This ordinance shall ))e effective upon tlie date of adoption. Adopted by the Council of the City of Virginia Beach, Virg4-nia, on the -26 day of 1982. DSH/ih/re 2/24/82 2/25/82 3/51/82 (A.1) C; -2- - 6 1- ITEM II-I.3.a/b/c ITEM #18124 The following bids have been received for the Croatan Beach Water Project (CIP 5-823): Carter-Bell Corporation $228,311.00 Vico Construction Company $243,819.80 M. E. Wilkins, Inc. $247,400.06 A & W Construction Company $256,308.00 Central Builders $258,109.53 Engineer's Estimate $276,960.00 The following bids haave been received for the Bonney Road Pump Stations (CIP 6-914): Crowder Contracting Company, Inc. $183,700.00 Van de Riet Construction Company, Inc. $184,563.00 Luke Construction Company, Inc. $204,400.00 Engineer's Estimate $259,000.00 The following bids have been received for the Rudee, Virginia and Norfolk Avenues Water Mains Project (CIP 5-924): M. E. Wilkins, Inc. $285,368.29* A & W Contractors, Inc. $303,451.80 Carter-Bell Corporation $317,194.00 Chesapeake Bay Utilities $321,754.50 Suburban Grading & Utlities, Inc. $329,321.00 A. Stuart Bolling Company, Inc. $338,724.10 Vico Construction Corporation $370,639.50 C. L. Pincus $452,178.93 Engineer's Estimate $343,061.00 *Corrected bid amount - 6 2- Upon motion by Vice Mayor Heischober, seconded by Councilman Buchanan, City Council voted to APPROVE the following low bids and authorized the City Manager to enter into the necessary agreements for the implementation of tbese projects: Low bid of Carter-Bell Corporation, in the amount of $228,311.00 for the Croatan Beach Water Project (CIP 5-823) ; Low bid of Crowder Contracting Company, Inc., in the amount of $183,700.00 for the Bonney Road Pump Stations (CIP 6-914); and, Low bid of M. E. Wilkins, Inc., in tbe amount of $285,368.29* for the Rudee, Virginia and Norfolk Avenues Water Mains Projects (CIP 5-924). Voting: 11-0 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., Meyera E. Oberndorf, and Patrick L. Standing Council Members Voting Nay: None Council Members Absent: None *Corrected bid amount - 63- N E W B U S I N E S S ITEM II-K.1 ITEM #18125 Upon motion by Councilman Ervin, seconded by Councilman Baum, City Council voted to place on the Agenda of May 3, 1982 for RECONSIDERATION the petition of JERRY McDONNELL for the closure of portions of 28tb and 29th Street, in the Virginia Beach Borough. Voting: 11-0 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., Meyera E. Oberndorf, and Patrick L. Standing Council Members Voting Nay: None Council Members Absent: None - 6 4 - P U B L I C H E A R I N G ITEM II-E.1 ITEM #18126 The Mayor declared the Public Hearing open. The City Manager read the following statement: "The Honorable Mayor Members of the Council "Dear Council Members: "On March 31, 1982, I presented to Council and to the citizens of Virginia Beach an Operating Budget for FY 1983. The budget total is $262.7-Million. It was prepared in accordance with my perception of Council's and the citizens' wishes that we maintain existing services at the lowest possible cost. As Council is aware, we scrutinized each request for funds in great detail, mindful of the advice to provide the same services at the lowest possible cost. To highlight, the budget as proposed can be summarized as follows: "a. Expenditures have increased 10.3% over last year's approved budget, which included absorbing a 500% increase in VEPCO rates and a 42% increase in the rate of contribution to the retirement system. "b. Debt service costs have increased 12.3%, but this increase is set because of the bonds we have already sold. ',c. Local expenditures for City operations have increased by 7.9%, while the School Board budget, even after it was necessary to reduce the request of the School Board by $1.9-Million, has an increase of 20.5%. "In summary, the proposed budget is lean, with an overall increase of 10.3% over the current year, and we have been able to maintain existing services even though it was necessary to absorb large increases in uncontrollable costs and losses of revenue from Federal and State sources. "After the budget was presented, City Council requested that I provide a list, in priority order, of services which could be eliminated and are now provided. Council has been given this list, but I do not recommend that any programs on the list be eliminated. By the same token, I recommend against any cuts which could adversely affect municipal employees. "To implement the budget cuts on the list presented to you will call for reductions in force, which will result in demotions of many employees, a decline in morale and efficiency, and increases in Personnel Board hearings and unemployment insurance costs. For every 100 employees laid off, the City could incur in unemployment insurance costs alone up to $358,000 (and this would be for services no longer rendered). Also, if Council were to consider eliminating either the general 2@-@% pay raise or the proposed merit pay, while at the same time funding employee pay increases for the School Board, the implications for future employee actions could be profound. - 6 5- "For the past twelve months, City staff has been intensely involved in the establishment of a "pay for performance" program which is scheduled for implementation on July 1. This Program directly ties the merit increase to over all performance and provides a means for rewarding employees for increased productivity. To consider the elimination of this mechanism at this point would have a negative impact and cause a reduction in productivity. "Many of the other proposed reductions involved deferring equipment purchases or maintenance. Reductions of this type present a false economy, because without required equipment replacement or necessary maintenance, we simply build greater costs into subsequent budgets. "If Council should consider large budget cuts which involve the curtailment of services, the action should not be taken without a sustained and comprehensive review of service levels and City operations as proposed to you on March 31. To attempt a severe cutback process by any other means does not appear to be an appropriate alternative. The budget presented to Council includes a real estate tax rate increase of $.10 per $100 of assessed value, and if it is the desire of Council to reduce the rate in the future, the new manager should be so instructed so that next year's budget can be built from the bottom up with this goal in mind. Then, the School Superintendent and the City Manager can carefully weigh the service levels that are possible within the expected revenue, and present you with a package that embodies your recommendations. "In essence, I speak in support of the budget recommended to you on March 31. My assessment of the views of the majority of the citizens of Virginia Beach is that we continue to provide the basic service levels included in this year's budget. We think the budget as presented to you does so at the lowest possible cost." Very truly yours, Giles G. Dodd Interim City Manager The Mayor read the following letter from the School Board Chairman, Dr. Roy A. Woods: "Dr. J. Henry McCoy Mayor City of Virginia Beach Municipal Center Virginia Beach, Virginia 23462 "Dear Mayor McCoy: "As you and the Council are very aware, through well-publicized and well-documented reports and studies, the Virginia Beach School Board has maintained and operated a high quality educational program for low cost for a number of years. Despite the effects of inflation, increased State and Federal educational requirements and the growth of the system, we have consistently managed our educational affairs efficiently and economically, compared to other school systems. - 6 6- "The proposed 1982-83 school operating budget represents no departure from our efforts to economize. "Of the total increase of $13,903,328 in the requested budget, some $10,350,000 is for much-needed salary improvements and for the employment of required personnel. An additional $2,530,000 is necessary by the anticipated increase in VEPCO rates, a fact over which we have absolutely no control; I believe the City is in the same predicament in that regard. About $1,000,000 is being sought to replace some of our aging bus fleet, something we have foregone for the past two years. "As you can see, we are asking for very little that is not absolutely imperative for the maintaining of our schools. "The School Board respectfully urges City Council to pass the school budget as requested by the Board, a total of $114,830,944. I must advise you that any reduction in that amount will result in a cutback in school services and educational opportunities for our people. "With kind regards, I am "Sincerely yours, Roy A. Woods, Chairman Virginia Beach City School Board" The following registered to speak during the Public Hearing: Allan Dalton, representing himself and presented to Council petitions with over 10,000 signatures requesting Council to "keep the real estate tax rate at, or preferably, lower it from 72cts per $100 of assessed value but in no event should it be increased and Council limit the 1982-83 City budget to the budget level of the current year." (Copies of the petitions and statement will be made a part of these proceedings) Vivian Hitchcock advising Council "if they had set the budget policy in advance control of the public purse could have been achieved." Robert Herman, representing the Virginia Beach Restaurant Association, request the City "roll back the meal tax" and presented petitions with 850 signatures and letters. (Copies of which will be made a part of these proceedings) Wesley Hull, representing Virginia Beach Restaurant Association, requested the City reduce the meal tax. Herbert Clegg, Virginia Beach Restaurant Association, omitted due to time limit. Dr. Michael Olson, Professor at VPI and representing the Virginia Beach Restaurant Association, presented fact sheets regarding the meal tax, (copies of which will be made a part of these proceedings). Marty Young, representing the Virginia Beach Restaurant Association, a school teacher and waitress, requesting Council reduce the meal tax. Charles Bowman, resident of Arrowhead, spoke in support of the City Manager's proposed budget. Reverend H. C. Benjamin spoke in behalf of teacher's salaries and Parks and Recreation. - 6 7 - Frank Snyder was not present when his name was called. Henry Jackowiak, Senior Citizen, spoke to Council concerning the continuation activities provided by Parks and Recreation. Albert Bergevan, Senior Citizen, spoke in behalf of Senior Citizens and Parks and Recreation. Mary Ellen Cox, Advocate for Elderly, spoke in opposition to the proposed reductions in the budget. (Copies of Mrs. Cox's statement will be made a part of these proceedings.) Bette M. Denissen spoke in support of the Parks and Recreation Budget. Janet Scharer, resident of Virginia Beach, spoke in support of the Parks and Recreation Budget. Mrs. J. E. Foster, Jr. spoke on Therapeutic Program offered by Parks and Recreation. Burneta Marlin was not present when her name was called. Jack Robertson, Chairman of Public Library Board, spoke in behalf of Virginia Beach public libraries. (Copy of Mr. Robertson's statement will be made a part of these proceedings) Christine Durbin was not present when her name was called. Mr. Sam Houston presented copies of the statement on the White House Conference on Aging, (copies of which will be made a part of these proceedings) and spoke in favor of public transportation. Larry Joyner cancelled his presentation. Jean McGinnis, Community Services Coordinator for Carper Housing, opposed to cuts in the Parks and Recreation After School Program. Jerry Anderson spoke in behalf of the proposed School Board Budget. Don Davidson spoke in behalf of Therapeutic Recreation. Robert Simpson, Jr. spoke in behalf of the Mayor's Committee on Aging, Elizabeth F. McClane was not present when her name was called. Clissie Ditty, representing Citizens Loving All Special People (CLASP), speaking in behalf of the Parks and Recreation. Richard J. Webbon, Chairman of Parks and Recreation Commission, spoke in behalf of the Parks and Recreation Budget. (Copy of Mr. Webbon's statement has been made a part of these proceedings.) Sharon McManus was not present when her name was called. Bob Jones spoke in behalf of the proposed School Board Budget. Rosemary Herman spoke in behalf of the Senior Citizen Program. Roger LoVes!lue spoke in behalf of the Senior Citizen Program. Kutt Staerker spoke in behalf of the Senior Citizen Program and the Police Force. Adolph Umperovitch was not present when his name was called. Mrs. Cora Owens speaking in behalf of the Seatack Senior Citizens and for the Parks and Recreation portion of the budget. Langley Land speaking in favor of the proposed School Board Budget and requesting tax assessments remain the same. 4 / 26 / 8 2 - 68- Robert ngesser spoke on tax assessments and School Board budget. George A. Wilson spoke in behalf of the Parks and Recreation portion of the budget. Naomi Wilson spoke in behalf of senior citizens and the Parks and Recreation budget. Craig Johnson was not present when his name was called. Camille Weber was not present when his name was called. Bill Price was not present when bis name was called. Henry Morgan was not present when his name was called. Nancy Creech speaking in behalf of the proposed School Board Budget. Adelina Allen spoke in behalf of the Virginia Beach Recreation Center, Parks and Recreation (copies of Mrs. Allen's petitions with 85 signatures of bridge players will be made a part of these proceedings). Julia on was not present when his name was called. Mabel Simmons was not present when her name was called. Robert Barrett urged full funding of the School Board and City budgets. Mrs. Robert Simpson, Jr. spoke in behalf of the School Court Docent Program. (Mrs. Simpson is the volunteer coordinator) Margaret C. Beda spoke in opposition to the proposed tax increase. Helen Hayward MacCall spoke in behalf of the proposed School Board budget. Donna Suggs spoke in behalf of the Virginia Beach School Board budget. Karen Freeman spoke in behalf of the Public Library portion of the budget. Betsy St. Clair speaking in behalf of the Special Services Division of the Public Library (Blind Patrons). Ralph Sanders spoke in behalf of the Public Library Budget. Margaret Burke spoke in behalf of the Virginia Beach Recreation Center and presented petitions with 130 signatures in support of Parks and Recreation Budget, (copies of which have been made a part of these proceedings). Matthew Moore spoke in behalf of the Parks and Recreation Budget. Shirley Marlow, witb Youth Dancers, spoke in favor of the City having a Performing Arts School. Richard Perceful, President of the Virginia Beach Education Association, requesting full funding of the School Board budget. Donald W. Laine speaking in behalf of the School Board budget. Willie Garden was not present when his name was called. Linda Mitchell was not present when his name was called. Patricia Brant was not present when her name was called. Charles Dean, President of the Tidewater Chapter of the Virginia Society for Human Life, spoke in opposition to the Invitro Clinic. (A copy of Mr. Dean's statement has been made a part of these proceedings). - 6 9- Joan McGuire, spoke for Joel Mandelkorn, in opposition to the Invitro Clinic of the Eastern Virginia Medical School. Ellen MacFarlane spoke in behalf teacher's salaries. Gary Bluemenstein, Teacher, Kemps Landing School, spoke in behalf of the School Board budget. Pastor Robert Schoof, New Covenant Presbyterian Church, opposed to the Eastern Virginia Medical School contribution. Dolore ane , PTA President, speaking in behalf of the proposed School Board Budget. Patricia McKinney opposed to the Invitro Clinic and requesting Council deny funds to EVMS. Patricia Stolle was not present when her name was called. Gene Loving was not present when his name was called. Jamie Chapman, Virginia Beach Education Association, spoke in behalf of the proposed School Board Budget. Dorothy Hoskins spoke in behalf of the School Health/School Nurse Program. Rick Lippert, President of the Fraternal Order of Police, spoke in behalf of the proposed Police Department budget. Arthur Esenberg, President of the Pembroke Elementary School PTA, spoke in behalf of the proposed School Board Budget. Edward Lynk cancelled his presentation. Antho Russa was not present when his name was called. Sharon Smith, Curriculum and Assessment Task Force, spoke in behalf of tbe proposed School Board Budget. Robert Staunton was not present when his name was called. Albert Gronto was not present when his name was called. Lauralee Grim, Virginia Beach Education Association, spoke in behalf of the proposed School Board Budget. Susan Allen was not present when her name was called. Bob Nelson was not present when his name was called. Margit Maynard-Virginia Beach Education Association- spoke in behalf of the proposed School Board Budget. Charles Emerson, Salem Village Civic League, spoke in behalf of the proposed School Board Budget. Mrs. Bale cancelled her presentation. Bruce Trant cancelled his presentation. Darleen Hierholter was not present when her name was called. Frederick Mone was not present when his name was called. Carl Griffler requesting full funding of the City and School Board budgets and advising that he is willing to payer higher taxes to "keep the good school system we enjoy". - 70- Helen W. Love requesting Council "hold the reins on the School Board and City budgets, teacher salaries and tax assessments". Charles Krummel cancelled his presentation. A letter was received from Mrs. Coleen K. Rodeffer requesting full funding of the Public Library budget. (A copy of which will be made a part of these proceedings) A letter was received from Richard Kelly, President of Dick Kelly Enterprises, requesting Council review the use of motor vehicles by City employees. (A copy of which will be made a part of these proceedings) There being no other speakers, the Mayor declared the Public Hearing closed. A D J 0 U R N M E N T ITEM #18128 Upon motion by Councilman Ervin, City Council adjourned at 12:30 a.m. Ruth Hodges Smith, CMC, City Clerk Mayor J. Henry McCoy, Jr., D.D.S. City of Virginia Beach, Virginia 26 April 1982 dmh/asd