HomeMy WebLinkAboutMAY 4, 1981 MINUTES
Cit@ C>f
"WORLD'S LARGEST RESORT CITY"
CITY COUNCIL
MAYOR J. HENRY A#@COY JR.. D.D.S., K-P..,Il. B.@.,b
VICE-MAYOR HAROLD L(EISCHOSER. A, L.,g.
JOHN A. BAUM. B.-,b
F. REID ERVIN. A, L.,g.
BARBARA M. HENLEY. P..,. B.-gb
CLARENCE A. HOLLAND. M.D., B.y.,d. B-gb
W. H. KITCHIN, lit. Vi,#,.i. B-@b B...Eb
REBA S. M,CLANAN. P,,-... A-. B...tb
DONALD W. MERRICK. Ly-b..- 8.-,6
MEYERA E. OBERSDORF, A, L.,,. 212 ciry HALL BUILDINR
PArRiCK L. STANDING. A, L.'s. MUNICIPAL CENTER
VIRGINIA BEACH. VIRGINIA 23456
RUTH HODGES SMITH, Cily Cl-lk (804) 427-4303
CITY COUNCIL AGENDA
may 4, 1981
ITEM I INFORMAL SESSION: 12:30 p.m.
A. CALL To ORDER -.MAYOR J- HENRY MCCOY, Jr.
B. ROLL CALL OF COUNCIL
C. MOTION TO RECESS INTO INFORMAL/EXECUTIVE SESSION
D. PRESENTATION/DISCUSSION OF PERTINENT MATTERS
1. Matters for discussion by Mayor.
2. Matters for discussion by Council.
3. Presentation of Tape of City Manager: Interview at WHRO regard-
7
ing different aspects of Virginia Beach and the Council-Manager
form of government.
4. Appointments.
ITEM II FORMAL SESSION: 2:00 p.m-
A. INVOCATION: Bishop James J. Armstrong
Church of Jesus Christ of Latter
Day Saints
B. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
C. ELECTRONIC ROLL CALL OF COUNCIL
D. MINUTTS OF PREVIOUS MEETING:
1. Motion to accept/approve the Minutes of: April 20, 1981,
April 27, 1981, and the Minutes of the Special Meeting of
April 29, 1981.
ITEM II E. RESOLUTION
1. Resolution in Recognition
2. Resolution requesting the State Highway and Transportation
Coniission to accept Indian River Road from 4ilitary Highway
to Western Corporate Limits and Lynnhaven Parkway from
Route 44 to Holland Road, as "Primary Extensions' and begin
maintenance payments to the City effective July 1, 1981.
F. PUBLIC HEARING I
1. Consideration of the addition of Chapter 39 to the City Code
pertaining to emergency medical care agencies and ambulances.
2. Ordinance to add Chapter 39 to the Code of the City of
Virginia Beach, Virginia, pertaining to emergency medical
care agencies and ambulances.
G. PLANNING ITEMS
1. Application of an , a General Partnership, for a
change of zoning from @ ent al ri t to A-2
@nt st@ on certain parcels located on the West side of
Little Neck Road.
THIS APPLICATION HAS BEEN PROPERLY ADVERTISED FOR MAY 4, 1981;
HOWEVER, BY UNANIMOUS VOTE OF CITY COUNCIL ON APRIL 20, 1981,
THE APPLICATION IS REFERRED TO JUNE 22, 1981 at 7:00 p.m.
H. OLD BUSINESS
I. NEv7 BUSINESS
J. PUBLIC HEARING II
1. Pursuant to Section 5.07 of the City Charter, a Public Hearing
will be held by the City Council on the City Manager's pro-
posed OPERATING BUDGET for the fiscal year July 1, 1981 - June
30, 1982.
2. The City of Virginia Beach proposes to increase property tax
levies by 23.12 percent.
The City Manager has proposed a 9cts per $100 of assessed value
increase in tax rate in the Bayside, Blackwater, Kempsville,
Lynnhaven, Princess Anne, and Pungo Boroughs and a 10cts increase
in the Virginia Beach Borough. The increase in assessed value
of real estate according to the Real Estate Assessor is 9.686
percent. This added to the proposed rate increase will total
23.12 percent in most Boroughs.
K. ADJOURNMENT
1. Motion to adjourn.
M I N U T E S
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
4 May 1981
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 4 May 1981, at Twelve-Thirty in the
afternoon.
Council Members Present:
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., Donald W. Merrick,
and Meyera E. Oberndorf
Council Members Absent:
Patrick L. Standing*
ITEM #16612
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. Discussion or consideration of employment, assignment,
appointment, promotion, demotion, salaries, discipline or
resignation of public officers, appointees or employees of
any public body. (Personnel Matters).
- 2-
Upon motion by Councilman Holland, seconded by Councilman Merrick, City
Council voted to proceed into EXECUTIVE SESSION following the INFORMAL
SESSION.
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., Donald W. Merrick,
and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Patrick L. Standing*
- 3-
ITEM #16613
Upon motion by Councilman Holland, seconded by Councilman Merrick, City
Council voted to proceed into EXECUTIVE SESSION following the INFORMAL
SESSION for the purpose of discussing the following:
1. Consultation with legal Counsel and briefing by staff members,
consultants, or attorneys pertaining to actual or potential litigation,
or other legal matters within the jurisdiction of the public body.
(Legal Matters).
Vot ing: 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., Donald W. Merrick,
and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Patrick L. Standing*
*COUNCILMAN STANDING ENTERED MEETING AT 12:40 p.m.
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M A T T E R S B Y T H E M A Y 0 R
CLIPPINGS/FULL FUNDING ITEM #16614
Mayor McCoy advised Council he has received approximately 1,000 clippings
from the newspaper regarding full funding of the School Board Budget, and
any member of Council who wishes to bave them may do so.
I N F 0 R M A L S E S S I 0 N
TAPE OF CITY MANAGER ITEM #16615
The City Manager presented to Council an interview with WHRO-TV
regarding different aspects of Virginia Beach and the Council-Manager
form of Government.
City Council recessed into EXECUTIVE SESSION, (1:07 p.m.)
5-
F 0 R M A L S E S S I 0 N
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
4 May 1981
2:00 p.m.
Council Members Present:
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, Donald W. Merrick,
Meyera E. oberndorf, and Patrick L. Standing
Council Members Absent:
None
INVOCATION: Bishop James J. Armstrong
Church of Jesus Christ of
Latter Day Saints
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 #16616
Upon motion by Councilwoman Oberndorf, seconded by Councilman Standing,
City Council voted to APPROVE the Minutes of:
Regular Meeting - April 20, 1981
Regular Meeting - April 27, 1981
Special Meeting - April 29, 1981
Voting: 11-0
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., Donald W. Merrick,
Meyera E. Oberndorf, and Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
None
- 7-
R E S 0 L U T I 0 N
ITEM II-E.1 ITEM #16617
Upon motion by Councilman Ervin, seconded by Councilman Holland, City
Council voted to ADOPT the Resolution in Recognition, and present same
to
WALTER NOONA - FIRST CITIZEN OF VIRGINIA BEACH
Vot ing 11-0
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., Donald W. Merrick,
Meyera E. Oberndorf, and Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
None
- 8-
WALTER NOONA
FIRST CITIZEN OF VIRG7NIA BEACH
WHEREAS, The Vitginia Beach Jayceez annuatty zetect one citizen who4e
cont)Libution to the City has been outztanding and woithy oi
being designated: FIRST CITIZEN OF VIRGINIA BEACH; and,
WHEREAS, Watte4 Noona waz zetected 6o& thiz 1980 pteztigious awa)Ld 6)Lom
a &eco)td numbet o6 nominationz acknow-eedging hiz statu)Le in the
6ietd o6 mazic and his musicat conttibution to the sociaE en-
joyment and bette)Lment o6 the community; and,
WHEREAS, Hiz vetzatiyity haz been evidenced in many zuccezz6uE endeavo)Lz:
mu,sicat p)Lo6es-6ionaY-i,6m, ha)Lmonic composition and inzttuction,
countte4z piano and conducting pe)tiotmancez and the eztabzi4h-
ment oi a jutt-time pto6eszionat otchestta jot Tidewate4, Vitginia.
He haz tectuted ',tound the wottd and iz an accomptizhed autho,%,
both individuatty and in coopeaation with hi,6 wi6e, CaAof; and,
WHEREAS, He iz woAtd-,tenown, his dedication to @amity and 64iendz in
Vi,%ginia Beach ha's been impottant to him and attowed thiz
community the bene6it o@ hi-6 intetnationat 'teputation.
NOW, THEREFORE, BE IT RESOLVED: That the Vitginia Beach City Councie te-
cognizez the t@emendouz conttibution Watte)L Noona haz made to
mu,sica,e ti6e o6 Vi4ginia Beach; hiz dedication to othets beiote
zet6; and, the ha4monious ztep to which he haz conducted the
a4t o6 music to the appteciation oi the citizenz o6 Vi4ginia
Beach and aEt o@ Tidewate)L, Vi4ginia.
BE IT FURTHER RESOLVED; That thiz Rezotution be adopted and zptead upon
the Minutez o6 this RegutaiL Meeting o6 the Vitginia Beach City
Councit thiz Foutth day o6 May, 1981, with a copy to be 6)Lamed
and p4ezented to Wa-etet Noona upon the occazion o6 the May Ninth
p,tezentation o6 the FIRST CITIZEN AWARD.
Given unde)L my hand and zeat thiz Foutth day o6 MayNineteen
Hund)Led and Eighty-One.
J. Hen4y McCoy, J,%., D.D.S.
Mayo,t
City o6 Vitginia Beach
- 9-
ITEM II-E.2 ITEM #16618
TJpon motion by Councilwoman McClanan, seconded by Vice Mayor Heischober,
City Council voted to uphold the recommendation of the City Manager and
ADOPT the Resolution requesting the State Highway and Transportation
Commission to accept Indian River Road from Military Highway to Western
Corporate Limits and Lynnhaven Parkway from Route 44 to Holland Road, as
"Primary Extensions" and begin maintenance payments to the City effective
July 1, 1981.
Voting; 11-0
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., Donald W. Merrick,
Meyera E. Oberndorf, and Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
None
*COTJNCILWOMAN McCLANAN VOICED A VERBAL "AYE".
-10-
Requested by: City Manager
R E S 0 L U T I 0 N
WHEREAS, the State Highway and Transportation Commission has
amended Sections 33.1-41 and 33.1-43 of tbe Code of Virginia, con-
cerning maintenance payments to Towns and Cities for maintenance of
streets and roads; and,
WHEREAS, this amendment allows for the addition of "Primary
Extension" mileage within Towns and Cities having streets and roads
complying with certain conditions and criteria; and,
WHEREAS, the City of Virginia Beach has streets and roads
complying with the conditions and criteria established for the
addition of "Primary Extensions".
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
THAT the City requests the State Highway and Transportation
Commission to accept Indian River Road from Military Highway to
Western Corporate Limits and Lynnhaven Parkway from Route 44 to
Holland Road, as "Primary Extensions" and begin maintenance payments
to the City, effective July 1, 1981.
This Resolution shall be effective upon date of adoption.
ADOPTED by the Council of the City of Virginia Beach, Virginia,
on the Fourth day of May 1981.
-11-
P U B L I C H E A R I N G 1
ITEM II-F.1 ITEM #16619
Mayor McCoy opened the Public Hearing regarding consideration of the
addition of Chapter 39 of the City Code pertaining to emergency medical
care agencies and ambulances.
Mr. Barry Rudigar, Virginia Beach Ambulance Service, appeared in favor.
There being no other presentations, the Mayor declared the Public Hearing
closed.
ITEM II-F.2 ITEM #16620
TJpon motion by Councilman Ervin, seconded by Councilwoman McClanan, City
Council voted to DEFER FOR THIRTY DAYS the Ordinance to add Chapter 39
to the Code of the City of Virginia Beach, Virginia, pertaining to
emergency medical care agencies and ambulances.
Voting: 11-0
Council Members Voting Aye: (for deferral)
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., Donald W. Merrick,
Meyera E. Oberndorf, and Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
None
- 1 2 -
AN ORDINANCE TO ADD A CHAPTER 39 TO THE
CODE OF THE CITY OF VIRGINIA BEACH, VIRGINIA
PERTAINING TO EMERGENCY MEDICAL CARE AGENCIES
AND AMBULANCES
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA:
That Chapter 39 is hereby added to the Code of the City of
Virginia Beach, Virginia, as follows:
C H A P T E R 39
EMERGENCY MEDICAL CARE AGENCIES AND AMBULANCES
Section 39-1. Definitions.
1. Agency - means any person engaged in the business, service
or regular activity, whether or not for profit, or transporting persons
who are sick, injured, wounded or otherwise incapacitated or helpless
or of rendering immediate medical care to such persons.
2. Emergency Medical Service Vehicle - means any privately or
publicly owned vehicle, vessel or aircraft that is especially designed,
constructed, or modified and equipped and is intended to be used for
and is maintained or operated to provide immediate medical care to or
to transport persons who are sick, injuried, wounded or otherwise
incapacitated or helpless.
Section 39-2. Permit Required.
(a) It shall be unlawful, in accordance with Section 32.1-156,
Code of Virginia, 1950, for any individual or organization to operate
an emergency medical services agency or vehicle in the City of Virginia
Beach for emergency transport purposes or non-emergency transport
purposes, excepting the Office of Emergency Medical Services of the
City of Virginia Beach as provided for by Chapter 2, Article 25,
Section 2-153 of the Code of the City of Virginia Beach, without first
being granted a permit to do so by the City Council.
(b) The nlimber of ambulances, prescribed areas of operation,
prescribed levels of care rendered, fixed charges and fees for services
delivered, required limits of liability insurance coverage and other
-1 3-
rules and regulations not inconsistent with the laws of the Commonwealth
shall be prescribed for under said permit.
Section 39-3. Contracts with the City.
The City Manager is hereby authorized to contract with any
private permitted agency for transportation to be rendered upon call
of the City for transportation of bona fide indigents or persons
certified by the Department of Social Services to be public assistance
recipients.
DEFERRED FOR THIRTY DAYS: 4 May 1981
ADOPTED by the Council of the City of Virginia Beach, Virginia,
on the day of 1 1981.
This Ordinance shall be effective THIRTY DAYS from the date of
its adoption.
MES:vb
4 / 1 6/ 80
8/21/80
8 2 6 / 80
8 2 7/ 80
8/ 2 7 / 80
11/ 5/ 80
1 4-
P L A N N I N G A G E N D A
ITEM II-G.1 ITEM #16621
The application of S & C Company, a General Partnership, for a change of
zoning from R-6 Residential District to A-2 Apartment District, was DEFERRED
by City Council on April 20, 1981, for hearing on June 22, 1981; however,
because it had been advertised for this meeting (4 May 1981), it was placed
on the Agenda.
No action was needed.
P U B L I C H E A R I N G I I
ITEM II-J.1/2/3 ITEM #16622
The City Clerk read the following Notice of Public Hearing:
"Pursuant to Section 5.07 of the City Charter, a Public Rearing
will be held by the City Council on the City Manager's proposed
OPERATING BLMGET for the Fiscal Year July 1, 1981 - June 30, 1982.
"The City of Virginia Beach proposes to increase property tax
levies by 23.12 percent.
"Tbe City Manager has proposed a 9cts per $100 of assessed value
increase in tax rate in the Bayside, Blackwater, Kempsville,
Lynnhaven, Princess Anne, and Pungo Borough; and, a 10cts increase
in the Virginia Beach Borough. The increase in assessed value
of real estate according to the Real Estate Assessor is 9.686
percent. This added to the proposed rate increase will total
23.12 percent in most Boroughs."
The City Manager presented, via WHRO-TV (video tape), his Budget Message
- 1 5-
The following spoke before City Council regarding the proposed Budget:
Mr. Allan Dalton* Mrs. Carol Broderick
Mrs. Catherine Swann Mrs. Pat Ryan**
Mrs. Margit Maynard Mrs,. Lauralee Grim
Mr. Robley Jones Mr. Richard Percefull
Mrs. Linda Cook** Mr. A. J. Roche
Mrs. A. J. Prock Mrs. Vivian Hitchcock
Mrs. Adrian Meredith Mr. Ralph Matthiae
Mr. Jack Robertson Mrs. Carolyn Kroll
Mr. Bill Williams Mrs. Leah Ardis
Mrs. Darlene Still Mr. Frank Taylor
Mrs. Jean Doyle Mr. Leon Bailey
Mr. Robert McClung Mr. James A. Johnson
Mrs. Isabelle Zabriskie Mrs. Scotty Breed
Mr. Lewis Harmon Mrs. Roberta Gourley*
Mr. Paul Villandre Mrs. Debbie Sawyer
Mrs. Darla McKelvy** Mrs. Sally Herzer
Mrs. Christine Hernandez Reverend H. C. Benjamin
Mr. Edward Meise Mrs. Henretta Lawrence
Mr. Charles D. Dean, Jr.** Mrs. Michelle Phillips
Mrs. Margaret Kiernan** Mr. Henry Highton**
Mr. Melvin W. Ridley Mr. Peter O'Connor
Mrs. Robert Brewer Mrs. Margaret Bobst
Mrs. Louise Rothrock Mrs. Nancy Coneeney**
Mr. Fred Ognibene Mr. John Turner
Mrs. Valeria Ashenfelter Mr. Irv Douglas*
Reverend C. K. Jones Mrs. Sharlene Harris**
Mrs. Linda Noble Mrs. Phyllis Sawyer
Mrs. Maymie Proctor Mrs. Lucy Oldfield*
Mr. H. Jack Jennings Mrs. Patricia Stolle*
Mr. Joe Mendlekorn Mrs. Nancy Parker*
Mrs. Mary Linda Merklinger Mrs. Donna Suggs
Mr. Woodrow Ford, Jr. Mrs. Connie Barns
Mrs. Harriett Goodove Mrs. Christine Harris
Mrs. Jessie Welch Lawrence Mr. Charles Bowman
Mrs. Charles Liggio Mr. Lee Mather*
Mrs. Beverly Durham Mr. Robert Glenn Butler
Mrs. Frances Austin Mrs. Barbara Fosina
Mrs. Beth Kellam* Mr. Stephen Mansfield
Mrs. Nancy Milburn Miss Lisa Versprille
Mrs. Mary Ann Goodwin Dr. James Fussell
Mrs. Jo Ann Price Mrs. Barcroft
Mrs. Shirley Mitchell Mrs. Judy Beckstedt
Mrs. Mary Butler Mrs. Glenda Martin**
Mrs. Mary Sue Crommelin Mr. Ben Brachins
Mrs. Susan Russell** Reverend R. E. Friend, Jr.
Mrs. Delores Delaney Mr. Howard Holley
Mr. Lon Bryant Mr. Gary Leagan
Mrs. Laura Salle Mrs. Charlene Stewart
Reverend Sidney Nelson Mr. Daniel Kerr
Mr. Kenneth Mathews Mr. Robert G. Jones
Mr. Homer Jones Mrs. Marilyn Potter
Mrs. Bessie Joyner Mr. Evan Shaad
Mr. Sam Houston Delegate W. R. O'Brien
Mrs. Elaine Davidson Mr. Mike Toothman
Mr. Joe Owens Mrs. Martha Johnson
Mr. Lee Shands Dr. L. Stovall-Hurdle
Dr. Burlentine Karlen Mr. Warder Page
Mr. Jim Pacella Mrs. Angela Langham
Mrs. Larry Bare Dr. Ulysses V. Spiva
Dr. James A. Jacobs Mrs. Nancy Warwick
Mr. Ronald T. Wakeham Mr. George A. Wilson
Mr. Frank Larock Mrs. Katherine Quinn
Mrs. Helen W. Love Mr. James Ramsden
Mr. Robert Swann Mrs. Courtney Yoshikawa
Mr. Edward L. Talton Mrs. Carman Reade
Mrs. Charles Fincher Mrs. Carolyn Rockefeller
Mr. H. L. Hunt Mr. Fred Glandville
Mr. Robert DeFord
1 6 -
*Denotes prepared texts which have been made a part of these proceedings
**Denotes petitions which have been made a part of these proceedings
A D J 0 U R N M E N T
ITEM 11-K.1 ITEM #16623
Upon motion by Councilman Kitchin, City Council adjourned at 10:27 p.m.
Diane M. Hickman, Deputy City Cler@
Ru'th Hodges gmith, City Clerk 9-ayor e-nr@y, S.
City of Virginia Beach,
Virginia
4 May 1981
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