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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. - 4- 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 dmh/asd