HomeMy WebLinkAboutMARCH 2, 1981 MINUTES
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"WORLD'S LARGEST RESORT CITY"
CITY COUNCIL
AIAYOR /. HENRY At@!:OY JR.. D.D.S.,
ViCE-MAYOR HAROLD BEISCHOBER. A, L.,S.
JOHN A. BAUM. B.-,b
F. REID ERVIN. Al L.,,.
BARBARA M. HENLEY, P..g. B.-gb
CLARENCE A. HOLLAND. M.D.. By.,d. B ... lb
W. M. KITCHIN. Ill, vili.. a-lb B-gb
RESA S. M@CLAMAN. P,i-... A-. B...cb
DONALD W. MERRICK. Ly-b..- B.-tb
MEYERA E. OBERNDORF, A, L.,,. 212 CIRY HALL BUILDING
PATRICK L. STANDING. A, L.,,. MUNICIPAL CENTER
VIRGINiA BEAC)I. VIRGINIA 23456
RVTH HODGES SMITH, City Cl-lk (804) 427-4303
CITY COUNCIL AGENDA
2 March 1981
ITEM I INFORMAL SESSION: 11:00 a.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. New Zoning Maps: Presentation by Mr. Robert J. Scott,
Director of the Departrwnt of Planning.
2. Update on Problem of Trash/Sewerage in Lynnhaven Harbor:
Discussion by Mr. Michael J. Barrett, Assistant to the
City Manager.
3. Update on Solid Waste Contract with Navy for Steam;
Discussion by Mr. Durwood Curling, Executive Director
of SPSA.
4. Discussion of Reapportionment
5. Matters for discussion by the Mayor
6. Matters for discussion by Council
ITEM II FORMAL SESSION: 2:00 p.m.
A. INVOCATION: Rabbi Philip Pincus
Retired
B. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF
AMERICA
C. ELECTRONIC ROLL CALL OF COUNCIL
D. MINUTES OF PREVIOUS MEETING:
1. Motion to accept/approve the Minutes of February 23, 1981.
E. PRESENTATIONS
1. Gator Volksmarsch Club - Mr. Allison J. Stafford, President
F. PUBLIC HEARING
1. A cable television system within the City of Virginia Beach.
2. Ordinance granting to Resort Satellite Communications, Inc.
the right and privilege to construct, operate and maintain
a cable television system within the City of Virginia Beach.
G. CONSENT AGENDA
All matters listed under the Consent Agenda are considered
to be routine by the City Council and will be enacted by
one motion in the form listed. There will be no separate
discussion of these items. If discussion is desired, that
item will be removed from the Consent Agenda and considered
separately.
1. Ordinance to authorize the acquisition of permanent easements
for Canal No. 2 Project, either by agreement or by condemna-
tion.
2. Bingo/Raffle permits:
Roma Lodge #254
Virginia Beach Arts Center
Plaza Little League, Inc.
Larkspur Recreation Committee
The Virginia Beach Water Ski Club, Inc.
3. Request of the City Treasurer for tax refunds in the
amount of $654.98.
ITEM II H. PLANNING ITEM
1. Reconsideration
a. Application of Sea Breeze Farm, Inc. requesting a
variance to Se t@io 4.4(b) of t e@Subdivision Ordinance
which requires lot dimensions to conform to the Com-
prehensive Zoning Ordinance. They wish to subdivide a
2.2-acre site, located at the terminus of South Sea
Breeze Trail, into two lots.
1. Letter from the City Manager transmits the recolmenda-
tion of the Planning Commission for approval.
I. ORDINANCES
1. Ordinance to authorize a temporary encroachment into a
portion of the right-of-way of Ocean Avenue to S. Archer
Green, his heirs, assigns and successors in title.
2. Ordinance to amend and reordain Section 32-7 of the Code
of the City of Virginia Beach, Virginia, pertaining to
the sale of merchandise from stands.
J. UNFINISHED BUSINESS
1. Deferred Compensation Plan.
K. NEW BUSINESS
L. ADJOURNMENT
1. Motion to adjourn.
27 February 1981
The Honorable Mayor
Members of City Council
As prescribed by Section 2-9 of the Code of the City of
Virginia Beach, I hereby request that City Council meet
at 11:00 a.m. on 2 March 1981, in lieu of the previously
scheduled 12:30 p.m. meeting of the same date, for the
purpose of discussing additional items in the Informal
Agenda.
Y,
r
GLH:dmh
I hereby waive my right of notice I hereby waive my right of notice
Ma@o@ J. H" mc"@r., D.D.S Councilman Donald W; Merrick
M I N U T E S
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
2 March 1981
As prescribed by Section 2-9 of the Code of the City of Virginia Beach,
a Special Meeting was called by the City Manager in the Conference Room,
City Hall Building, on Monday, 2 March 1981, at Eleven o'clock in the
morning, for the purpose of discussing additional items in the INFORMAL
AGENDA.
Due to a previous commitment the Mayor was absent. Vice Mayor Heischober
presided for the INFORMAL SESSION.
The City Clerk read the Notice of Special Meeting, a copy of which has
been made a part of these proceedings.
Council Members Present:
F. Reid Ervin, Vice @yor Heischober, Barbara M. Henley, W. H.
Kitchin, III, Reba S. @Clanan, @yera E. Oberndorf, and Patrick
L. Standing
Council Members Absent:
Jolm A. Baum*, Clarence A. Holland, M. D. **, @y- J. Henry
@Coy, Jr.-, and Donald W. @rrick
ITEM #16313
Vice Mayor Heischober 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 cmsideration of enploymnt, assi@t,
appointnnnt, prcmtion, @tion, salarif-s, discipline or
resignation of public officers, or enplayees of any public
body. (Persormel Matters).
2. Consultation with legal Counsel and briefing by staff
rs, consultants, or attorneys pertaining to actual or
potential litigation, or other legal matters within tbe
jljrisdiction of the public body. (Legal Matters).
2-
Upon motion by Councilman Standing, seconded by Courycilwoman Henley,
City Council voted to RECESS into the EXECUTIVE SESSION following the
INFORMAL SESSION.
Voting: 7-0
Council Members Voting Aye:
F. Reid Ervin, Vice Yoyor Harold Heischober, Barbara M. Henley,
W. H. Kitchin, III, Reba S. YtcClanan, @yera E. Oberndorf, and
Patrick L. Standing
Council Members Voting Nay:
Nom
Council Members Absent:
Jolm A. Ba@, Clarence A. Holland, M. D. -, @yor J. Herlry
@Coy, Jr.-, and Donald W. Yierrick
COUNCILMAN BAUM ENTERED MEETING AT 11:07 A.M.
COUNCILMAN HOLLAND ENTERED MEETING AT 11:15 A.M.
MAYOR McCOY ENTERED MEETING AT 12:11 P.M.
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ITEM #16314
Vice Mayor Heischober advised that Council was going to digress from
the printed Agenda to allow the Mayor to be present for items of his
particular i-nterest.
I N F 0 R M A L A G E N D A
Giles G. Dodd, Assistant to the City Manager for Finance and Research,
presided in the absence of the City Manager
NEW ZONING MAPS ITEM #16315
The Planning Director advised Council that work is nearing completion
on the project transferring zoning information onto up-dated base
maps. The Planning Commission will be briefed at its March 10, 1981
meeting, and Council may wish to have a briefing shortly thereafter.
General Notice should be provided to the public in the newspaper and
there should be a review period established during which property owners
can inspect these maps and make comments on them prior to adoption.
The superior base map information has given rise to the need for numerous
zoning line shifts. In most cases these shifts are minor, but in other
cases they are major in nature. It is this aspect of the transfer that
the Planning Director feels the Planning Commission, the City Council and
the public should review carefully.
The Planning Director provided the following summary:
A. Zoning lines shifted or provided for certain reasons.
In nmy cases it has been found necessary to make certain shifts
in zdning lines where, after inclusion of property lines and
other features not shown an the current base mp, such a shift
is in order, or to provide a new zdning line for sake of clarity.
Such changes in zoning lines are shown an the new niaps for one
of tbe follawing reasons:
1. To follow property lines where this was the clear intent
of the original Council action in rezoning a certain
parcel.
2. To follow bodies of water @e no zoning line @s originally
provided, or to shift, wbere the location of a body of @ter
separating tw zoning districts has shifted since 1973.
3. To correct mistakes in drafting performed without benefit of
property line information.
4. To make minor clarifications where necessary in situations
where dewlopn-ent has occ=ed after the original zc)ning
line was plotted and where the zdning line urmecessarily
divides lots into rwre than one zoning category.
5. To couplete the proper mapping of the AG-1 and AG-2 Districts
now tbat twre inf=ation relative to the original guidelines
3-S amilable.
6. To accurately confo-rm to the boundaries of State and Federal
property, including mil itary bases and wildlife refuges.
4-
The new maps will contain, by symbol and by legend, a clearer indication
of those parcels which have been rezoned by City Council but where the
zoning is-not shown on the new maps because certain conditions have not
been met. The maps will also indicate where there have been certain
restrictions placed on the use of a property beyond normal zoning
restrictions when the Council has reached an agreement with the property
owners concerning these restrictions as part,of the rezoning process.
TRASH/SEWERAGE IN LYNNHAVEN HARBOR ITEM #16316
The Acting City Manager introduced Michael Barrett, Assistant to the
City Manager for Citizen Affairs, and advised Council he had attended
the meeting of the Virginia Marine Resources Commission.
Mr. Barrett reported the meeting had been called by James E. Douglas,
Commissioner of the Marine Resources Commission, and that no solution
to the problem of Harbor garbage from the coal colliers had been
accomplished to-date. There are 160 ships in the area and about 40%
of these are in the Lynnhaven Harbor. Eighty percent (80%) of the
ships have sewerage treatment facilities, but the holding tanks are
capable of only about ten (10) days and the ships are waiting up to
seventy-five (75%) days. Virginia Port Authority has not indicated
they will provide any service.
Councilman Ervin referred to the Virginia State Code provisions and asked
the City Attorney to ptrzsue legal remedies and the City's responsibilities.
Vice Mayor Heischober asked the City Attorney to investigate and report
back to Council as to legal remedies and provisions.
This matter will be presented in the FORMAL SESSION under UNFINISHED
BUSINESS.
SOLID WASTE CONTRACT WITH NAVY ITEM #16317
Mr. Durwood Curling, Executive Director of the Southeastern Public
Service Authority, appeared to give Council an update on the Solid
Waste Contract with the Navy for steam.
The Southeastern Public Service Authority of Virginia (SPSA) was formed
in January, 1973. The members are the Cities of Chesapeake, Franklin,
Norfolk, Suffolk and Virginia Beach, and the Counties of Southampton
and Isle of Wight.
The Communities authorized the staff of the Planning District Commission
to undertake a study to identify solid waste removal, and during a
long series of studies the energy production problems at the Norfolk
Naval Shipyard, in Portsmouth, became apparent. That particular
facility is a major user, and it is in need of a new power plant.
The Norfolk Naval Shipyard uses approximately 1,800,000 kilowatt
hours of electricity, and SPSA would provide 1.5 million of that
1,800,000. They also use 1,500,000,000 pounds of steam each year.
The amount of electricity they consume is equal to approximately
14,000 homes.
The quantity of solid waste generated in the area matched with the
Shipyard's requirement for energy, and in 1977 SPSA and the Navy
agreed to use the solid waste generated in the Communities to
produce steam and electricity for the Shipyard.
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The Navy advised the Communities that it would be impossible for them
to get an appropriation to construct a new Power Plant, and asked them
to construct the entire project, (the Waste Processing Facilities, and
the Power Plant).
In 1978, the Communities agreed to borrow $1,939,000 to finance the
first phase of the planning for the Project. This was backed by Bond
Anticipation Notes, backed by each Community in proportion to its
population. The funds were used to complete thirty percent (30%) of
the design, to obtain the Air Quality Permits, etc.
In 1979, negotiations began on the Energy Sales Contract. In 1980,
the Navy presented a basic change in the concept of the project by
agreeing to construct the Power Plants. The financing of the Project
was reduced to less than 'half.
Virginia Beach's share of the original borrowing was $605,000, which
is to be increased by $338,000, causing a new cormitment to the Project
of $943,000. The borrowing in the planning stage would be repaid from
the permanent financing, and no Community would "have to come up with
any out-of-pocket funds" for the Project.
Mr. John Hatfield, Director of Engineering for SPSA, presented a report
on the above matter.
By concensus of the Members of Council, City Council recessed at
12:40 p.m..
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City Council reconvened at 1:12 p.m., with Mayor J. Henry McCoy, Jr.,
D.D.S., presiding. The following Members of Council were present:
F. Reid Ervin, Vice @yor Harold Heischober, Barbara M. Henley,
W. H. Kitchin, III, Reba S. YicClanan, @yor J. Henry @Coy,
Jr., D. D. S. , @yera E. Oberndorf , and Patrick L. Standing
Council Members Absent:
John A. Baum*, Clarence A. Holland, M.D.*, and Donald W. Yierrick
M A T T E R S B Y T H E M A Y 0 R
SLIDE PRESENTATION ITEM #16318
Mayor McCoy requested the opinions of Council to permit the public
to present slides on Planning matters.
It was the concensus of Council to NOT allow the public to present
slides on any matter in the Agenda.
LYNNHAVEN HARBOR ITEM #16319
Councilman Ervin read the following prepared statement:
The City @ger and the City Attorney are hereby directed
to take all reasonable neasures, including appropriate
legal action, to prevmt any further discharges of garbage,
trash, sewage or other solid and liquid n-atter frcm any ship
underway or at anchor in the part of Harrpton Roads, and in
the Lynnha@ anchorage in particular. SCM rwasures niay
include discussions with shipping agents and any State or
Federal Agency having jurisdiction with a view toward
preventing these discharges by negotiation if possible.
The potential danger of the discharges suggests the need
for @diate action, and the Staff and City Attorney are
further directed to proceed without delay. If, in the
opinim of the Staff, present water q-lity sampling
program of the State Health Depar=mt is not adequate to
warn our citizens of inpending danger which rnay be created
by these discharges, then the Staff shall so inform the
City Counci-I at its Regular @eting of @rch 9, 1981.
This matter will be presented in the FORMAL SESSION under UNFINISHED
BUSINESS.
*COUNCILMAN BAUM ENTERED MEETING AT 1:13 P.M.
*COUNCILMAN HOLLAND ENTERED MEETING AT 1:19 P.M.
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MEETING SCHEDULES ITEM #16320
Mayor McCoy presented the following schedule of meeting times:
I. METINGS 12:30 P.M. 1st, aid, 3rd @days
5:30 P.M. 4th Monday
II. MTINGS 2:00 P.M. 1st, 2nd, 3rd Mondays
7:00 P.M. 4th @day
III. BRIEFINGS* THESE W= US@Y BE HELD ON Y
NORNINGS AT 11:00 (1st, 2nd, 3rd Mondays).
THESE ARE NOT OFFICIAL =INGS AND ARE
OPTIONAL AS FAR AS ATRENDANCE.
IV. SPECIAL =INGS- THESE =INGS CAN BE CA= (BY ORDINANCE)
BY THE Uk'YOR, THE CrrY MKM(ER, OR BY ANY
OF COLECIL. TflESE MMTINGS
SHOLID NOr BE CALLED URESS AN @GENCY
EXISTS (i.e. WATER). I STRONMY T-RGE IMT
ANYONE CATLING SUCH A =ING CONTACrEiG
T'HE MYOR AND THE CM MA(;ER OR THE @'YOR
OR C= MA(MR OC)NTACR]NG EACH BEFORE
OFFICIALLY NOT G THE REST OF THE COLUCIL,
T'BE PI)BLIC AND TI-E PRESS
*BRIEFINGS SHOLID BE SCBEDUM WITH LESS THAN ONE
WEEK'S NOTICE. . .
**SPECIAL =INGS SHDLLLD BE WrM AS MLICH NCRICE AS
POSSTBIE
BORROW PITS ITEM #16321
The discussion on Borrow Pits will be held Monday, March 9, 1981, at
12:00 Noon, with the INFORMAL SESSION being at 12:30 p.m. (During the
EXECUTIVE SESSION information was presented to Council that a brief3'-ng
be held on the water situation on March 9, 1981; and a briefing on the
Borrow Pits will be March 16, 1981).
COUNCIL PARKING ITEM #16322
Councilman Baum requested information as to the location of Council's
parking area.
Council was informed they could return to their original parking area
located at the North wing of the City Hall building.
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FEDERAL GRANTS ITEM #16323
Councilman'Holland requested information as to why the City has to
utilize all the funds from a Federal Grant, with regards to highways,
and advised Council of the numerous signs on Shore Drive by Seashore
State Park.
REAPPORTIONMENT ITEM #16324
Acting City Manager Dodd advised Council that the Virginia House of
Delegates' Privileges and Elections Committee will hold a Public
Hearing on Monday, March 9, 1981, at 9:30 a.m., at the Kirn Memorial
Library; AND, the Senate Privileges and Elections Committee will hold
a Public Hearing on March 17, 1981, at 2:30 p.m., at the Kirn Memorial
Library.
It was noted that, as a result of the 1980 Census, Virginia Beach was
entitled to five (5) Delegates and two (2) Senators; however, this is
not the final figure.
Mayor McCoy advised Council he will be attending the Public Hearings
and will speak on the matter.
CITY-SCHOOL CONSOLIDATION ITEM #16325
Councilwoman Oberndorf made reference to a letter from the City Attorney
concerning the opinion of the Attorney General with regards to the
consolidation of some departments in the City with the School Board.
A copy of the letter has been made a part of these proceedings.
FREEDOM OF INFORMATION ACT ITEM #16326
Councilwoman Oberndorf made reference to an article which appeared in
the BEACON concerning a meeting the School Board held in Williamsburg,
and during that time such items as the budget, merit pay and other
policy making procedures were discussed.
City Council recessed into EXECUTIVE SESSION, (1:52 p.m.)
9-
F 0 R M A L S E S S I 0 N
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
2 March 1981
2:35 p.m.
Council Members Present:
John A. Baun, Vice @yor Harold Heischober, Barbara M. Henley,
Clarence A. Holland, M.D., W. H. Kitchin, III, Reba S. Yr-Clanan,
@yor J. Her=y @Coy, Jr., D.D.S., @yera E. Oberndc)rf, and
Patrick L. Standing
Council Members Absent:
F. Reid Ervin-@, and Dcnald W. @rrick
INVOCATION: Rabbi Philip Pincus
Retired
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
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M I N U T E S
ITEM II-D.1 ITEM #16327
Upon motion by Councilman Holland, seconded by Councilman Baum, City
Council voted to APPROVE the Minutes of the Regular Meeting of
23 February 1981.
Voting: 9-0
Council Members Voting Aye:
Jobn A. Baun, Vice @yor Harold Heischober, Barbara M.
Henley, Clarence A. Holland, M.D., W. H. Kitchin, III,
Reba S. YicClanan, @yor J. @Coy, Jr., D.D.S.,
@yera E. Oberndorf, and Patrick L. Standing
Council Members Voting Nay:
Ncne
Council Members Absent:
F. Reid Ervin*, and Donald W. @rrick
*COUNCILMAN ERVIN ENTERED MEETING AT 2:37 p.m.
P R E S E N T A T I 0 N S
ITEM II-E. 2 ITEM #16328
Mr. Allison J. Stafford, President, Gator Volksmarsch Club, presented
City Council with a Plaque in appreciation for their assistance in
helping to promote leisure sports, with emphasis on families, and
their participation in the 1980 Neptune Festival.
ITEM II-E.2 ITEM #16329
Upon motion by Councilman Standing, seconded by Councilman Oberndorf,
City Council voted to ADOPT the Resolution of Appreciation, and
presented same to:
WILLIAM H. CLEAVES - PLANNING COMMISSION
1968 - 1980
(Retired Council Appointee)
Voting: 10-0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, Vice @yor Harold Heischober,
Barbara M. Henley, Clarence A. Holland, M.D. , W. H. Kitchin,
III, Reba S. McClanan, thyar J. Henry @Coy, Jr., D.D.S.,
@yera E. Oberndorf, and Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
Donald W. @rrick
3/2/81
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RESOLUTION OF APPRECIATION
TO
WILLIAM H. CLEAVES
WHEREAS, William H. Cleaves has served as a member of the
Planning Commission from 1968 to 1980; and,
WHEREAS, William H. Cleaves has served willingly and
untiringly in behalf of the City of Virginia Beach; and,
WHEREAS, his dedication and unselfish service involved
personal sacrifices and inconveniences, not only to him, but frequently
to his family and/or business; and,
WHEREAS, we trust he realized satisfaction in successfully
administering in his advisory capacity not o-nly to City Council, but
to the citizens of this fast growing metropolis.
NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach
City Council recognizes this record of twelve [121 years of
distinguished service in publicly expressing its sincere gratitude
for his contribution of time, energy and intellect.
BE IT FURTHER RESOLVED: That this Resolution of Appreciation
be made a part of the proceedings of the Formal Session of City
Council this Second day of March, 1981, in the City of Virginia Beach,
Virginia.
Given under my hand and seal this.Second day of March, 1981
Mayor
City of Virginia Beach
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P U B L I C H E A R I N G
ITEM II-F.1 ITEM #16330
Sam Houston, Attorney, appeared at the Public Hearing in behalf of
Resort Satellite Communications, Inc.
Mayor McCoy advised Council he received a telephone call from the
President of Cox Cable advising that he was not opposed to this
matter as long as "the same rules and regulations apply to all".
An additional Paragraph (3) was proposed to be added to the Ordinance
submitted in the Agenda for the granting of right and privilege to
Resort Satellite Communications, Inc. Attorney Sam Houston had reviewed
the proposed addition, and in behalf of his client accepted that
addition:
"(3) Any use of City right-of-wy by the franchisee shall be
l@ted solely to installation and/or related tmintenance
of underground cable."
There being no opposition, the Mayor advised that the Public Hearing
was closed.
C A B L E TV 0 R D I N A N C E
ITEM II-F.2 ITEM #16331
Upon motion by Councilwoman Oberndorf, seconded by Councilman Kitchin,
City Council voted to ADOPT the Ordinance granting to Resort Satellite
Communications, Inc., the right and privilege to construct, operate and
maintain a cable television system within the City of Virginia Beach;
AND, to include the recommendation of the City Attorney to ADOPT the
Substitute Ordinance, by adding Paragraph (3):
"(3) Any use of City right-of-way by the franchisee shall be
limited solely to installation md/or related naintenance of
underground cable."
Voting: 10-0
-1 4-
Voting: 10-0
Council Members Voting Aye:
John A. Batn, F. Reid Ervin, Vice Yjayor Harold Heischober,
Barbara M. HEnley, Clarence A. Holland, M.D., W. H. Kitchin,
III, Reba S. McClanan, @yor J. Henry @Coy, Jr., D.D.S.,
@yera E. Oberndorf, and Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
Dcnald W. @rrick
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AN ORDINANCE GRANTING TO RESORT SATELLITE
COMMUNICATIONS, INC., THE RIGHT AND PRIVILEGE
TO CONSTRUCT, OPERATE AND MAINTAIN A CABLE
TELEVISION SYSTEM WITHIN THE CITY OF VIRGINIA BEACH
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA:
That a franchise is hereby granted to Resort Satellite
CoTrmunications, Inc. , for the right and privilege to construct, operate
and maintain a cable television system within the City of Virginia Beach,
Virginia, for the term and upon the conditions set forth in the CATV
Ordinance proposing to grant such franchises, said Ordinance havi-ng been
adopted on March 17, 1975, provided, however, that the following
amendments are made to the CATV Ordinance Provisions for application
to this specific fra-nchise only, to wit:
(1) Paragraph 6.C describing Initial Service Area for Resort
Satellite Conmunications, Inc., be limited solely to that area in the
Beach Borough bordered by 42nd Street and 2nd Street, on the North and
South respectively, and Ocean Avenue and Atlantic Avenue on the East and
West, respectively.
Paragraphs 6.D, E, F, and H shall be inapplicable.
(2) Paragraph 13 shall be inapplicable.
(3) Any use of City right-of-way by the franchisee
shall be limited solely to installation and/or related maintenance of
underground cable.
This Ordinance shall be effective on and after the date of
its adoption.
Adopted by the Council of the City of Virginia Beach,
Virgi-nia, on the Second day of March, 1981.
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C 0 N S E N T A G E N D A
ITEM II-G.1 ITEM #16332
All items listed under the CONSENT AGENDA were enacted by ONE MOTION:
Upon motion by Councilman Standing, seconded by Vice Mayor Heischober,
City Council voted to uphold the recommendation of the City Manager
and ADOPT the Ordinance to authorize the acquisition of permanent
easements for Canal No. 2 Project, either by agreement or by condemnation.
Voting: 9-1
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, Vice @yor Harold Heischober,
Barbara M. Henley, Clarence A. Holland, M.D., W. H. Kitchin,
III, @yor J - Henry @Gay, Jr. , D. D. S. , @yera E. Oberndorf ,
and Patrick L. Standing
Council Members Voting Nay:
Reba S. McCl@*
Council Members Absent:
Dcnald W. @ick
*COUNCILWOMAN McCIANAN VOTED NAY ON THIS ITEM ONLY
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AN ORDINANCE TO AUTHORIZE THE
ACQUISITION OF PERMANENT
EASEMENTS FOR CANAL NO. 2
PROJECT, EITHER BY AGREEMENT
OR BY CONDEMNATION
WHEREAS, in the opinion of the Council of the City of
Virqinia Beach, Virginia, a public necessity exists for the
construction of this important project for public purposes for
the preservation of the safety, health, peace, good order,
convenience, moral and welfare of the people in the City of
Virqinia Beach.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE
CITY OF VIRGINIA BEACH, VIRGINIA:
Section 1. That the City Attorney and/or Assistant City
Attorney is hereby authorized and directed to acquire by purchase
or condemnation pursuant to Section 15.1-895, et seq. and Section
33.1-89, et seq, Code of Virginia of 1950, as amended, all that
certain real property for permanent easements as shown on the
plans or plats entitled, "CANAL NO. 2 PROJECT", these plans or
plats being on file in the office of Real Estate, Department of
Public Works, Virginia Beach, Virginia.
Section 2. That the City Attorney and/or Assistant
City Attorney is hereby authorized to make or cause to be made in
behalf of 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 refused, the City Attorney and/or
Assistant City Attorney is hereby authorized to institute
proceedings to condemn said property.
Section 3. That an emergency is hereby declared to
exist and this ordinance shall be in force and effect from the
date of its adoption.
Adopted by the Council of the City of Virg@ h,@ 10 CONTENTS
Virginia, oh the 2 day of March i 9 81 ci I (", ", t -
SIG','ATUrE
APPROVrD AS TO FO
-18-
ITEM II-F.2 ITEM #16333
Upon motion by Councilman Standing, seconded by Vice Mayor Heischober,
City Council voted to uphold the recommendation of the City Manager and
APPROVE the Bingo/Raffle Permits:
Roma Lodge #254 Bingo
Virginia Beach Arts Center Raffle
Plaza Little League, Inc. Bingo/Raffle
Larkspur Recreation Committee Raffle
The Virginia Beach Water Ski Club, Inc. Raffle
Voting: 10-0
Council Members Voting Aye:
John A. Baun, F. Reid Ervin, Vice @yor Harold Heischober,
Barbara M. Henley, Clarence A. Holland, M.D., W. H. Kitchin,
III, Reba S. McClanan, btyar J. @Cay, Jr., D.D.S.,
@yera E. Oberndorf, and Patrick L. Standing
Council Members Voting Nay:
Ncne
Council Members Absent:
Dcnald W. @ick
- 1 9-
ITEM II-F.3 ITEM #16334
Upon motion by Councilman Standing, seconded by Vice Mayor Heischober,
City Council voted to uphold the recomnendation of the City Manager and
APPROVE the tax refunds i-n the amount of $654.98.
Voting: 10-0
Council Members Voting Aye:
Jolm A. Baun, F. Reid Ervin, Vice @yor Harold Heischober,
Barbara M. Henley, Clarence A. Hollmd, M.D., W. H. Kitchin,
III, Reba S. McClanan, @yor J. Henry McCoy, Jr., D.D.S.,
@yera E. Oberndorf, and Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
Dcnald W. @ick
NO. C-Ok- 7 20-
AN ORDINANCE AUTHORIZING TAX REFUNDS
UPON APPLICATION OF CERTAIN PERSONS
AND UPON CERTIFICATION OF THE TREASURER
FOR PAYMENT
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for tax refunds upon certification of the Treasurer are hereby approved:
NAME Tax Type Ticket Exonera- D a!,e Penalty lnt. Total
Year of Tax Number tion NO. p ai
helps, John R. 80 Pkng. 29372 12/17/80 8.00
awyer, Mary K. 80 Pkng. 54728 12/8/80 6.00
arris, Edna 81 Dog V00605 1/15/81 3.00
ing, Ida 81 Dog V16374 1/21/81 5.00
ichardson, Kay S. 80 pp 130827 1/28/81 73.34
ewbaker, Charles III 80 pp 133074 12/5/80 5.40
ones, Linda D. 80 pp 60778 1/29/81 15.99
ngle, Joy 80 pp 57416 10/14/80 63.22
ruz, Romeo G. 80 pp 132070 10/31/80 17.10
ance, William M. 80 pp 133660 11/25/80 25.50
a Playa Inc. of Va. 79 pp 107815 6/4/79 278.86
orris, George C., Sr. 80 pp 84300 2/2/81 64.12
ight, Mary F. 77 RE 35043-3 (6mo) 5/30/78 31.48
ight, Mary F. 78 RE 36241-0 (1/2) 5/30/78 29.69
ight, Mary F. 78 RE 36241-0 (2/2) 5/30/78 28.28
Total 654.98
This ordinance shall be effective from date of adoption.
The above abatement(s) totaling Ce
. were approved by
the Council of the City of Virginia
Beach on the-day of
Jol easurer
App
Ruth Hodges Smith
City Clerk
tt( rney
- 21-
A N N 0 U N C E M E N T
ITEM #16335
Mayor McCoy advised the Staff and audience that Council had, in the
INFORMAL SESSION, agreed to meet March 9, 1981 at 12:00 Noon for an
INFORMAL BRIEFING SESSION, and 12-.30 p.m. for the INFORMAL SESSION;
however, the time has been changed to 11:30 a.m.; AND, the Borrow
Pit discussion will be held on March 16, 1981. On March 9, 1981
Council will discuss shallow wells.
P L A N N I N G A G E N D A R E C 0 N S I D E R A T I 0 N
ITEM II-H.1 ITEM #16336
Attorney Grover C. Wright, Jr., appeared in behalf of the applicant.
The following appeared in opposition:
Mr. Howard Myers, President, Sea Breeze Farm Civic League
Mrs. Francis H. Wilson advised Council that 98% of the
residents of Sea Breeze Farm signed the petition which
was presented to Council January 12, 1981.
Mr. Peter Kloppel
Mr. Joe Preziotti, Planning Consultant
Attorney Walter Martin
Councilwoman McClanan made a motion, seconded by Councilwoman Oberndorf,
to DENY the application of Sea Breeze Farm, Inc., for a variance to
Section 4.4(b) of the Subdivision Ordinance.
Voting: 5-5
- 22-
Council Members Voting Aye: (for denial)
Vice Myor Harold Heischober, Barbara M. Henley*, Reba S.
McClanan, @r J. Henry McCoy, Jr., D.D.S., and Meyera E.
Oberndorf*
Council Members Voting Nay:
Jolm A. Baum, F. Reid Ervin, Clarence A. Holland, M.D., W. H.
Kitchin, III, and Patrick L. Standing
Council Members Absent:
Donald W. Merrick
*COUNCILWOMAN HENLEY ADVISED SHE WAS VOTING "STRICTLY BECAUSE OF THE
ORDINANCE, AND SHE HAS BEEN CONSISTENT IN NOT FAVORING DOUBLE FLAG
LOTS".
*COUNCILWOMAN OBERNDORF ADVISED SHE WAS VOTING "STRICTLY BECAUSE OF THE
ORDINANCE, AND SHE HAS BEEN CONSISTENT IN NOT FAVORING DOUBLE FIAG
LOTS".
- 23-
Councilman Standing made a motion, seconded by Councilman Baum, to
uphold the'recommendation of the Planning Commission and APPROVE the
application of Sea Breeze Farm, Inc., for a variance to Section 4.4(b)
of the Subdivision Ordinance.
voting: 5-5
Council Members Voting Aye:
Jolm A. Baun, F. Reid Ervin, Clarence A. HDlland, M.D. , W. H.
Kitchin, III, and Patrick L. Standing
Council Members Voting Nay:
Vice Mayor Harold Heischober, Barbara M. Henley, Reba S.
McClanan, @yor J. Henry McCoy, Jr., D.D.S., and @yera
E. Oberndorf
Council Members Absent:
Dcnald W. @ick
- 24-
Upon motion by Councilman Standing, seconded by Councilman Baum, City
Council voted to DEFER FOR TWO WEEKS the application of SEA BREEZE
FARM, INC., for a variance to Section 4.4(b) of the Subdivision Ordinance.
The Mayor advised that there will be no presentations from either side
when this matter is presented to Council in two weeks.
Voting: 9-1
Council Members Voting Aye: (for deferral)
Jolm A. Baun, F. Reid Ervin, Vice Mayor Harold Heischober,
Barbara M. Henley, Clarence A. Holland, M.D., W. H. Kitchin,
III*, @yor J. Henry McCoy, Jr., D.D.S., @yera E. Obemdorf,
and Patrick L. Standing
Council Members Voting Nay:
Reba S. @Clanan
Council Members Absent:
@ld W. Yierrick
*COUNCILMAN KITCHIN VOICED A VERBAL "AYE".
- 25-
0 R D I N A N C E E N C R 0 A C H M E N T
ITEM II-1.1 ITEM #16337
Attorney Edward Hudgins appeared in behalf of the applicant
Mr. S. Archer Green answered questions of Council
Upon motion by Vice Mayor Heischober, seconded by Councilman Standing,
City Council voted to DEFER until Council can review, and the Staff
report, on the status of encroachments remaining on the Oceanfront; and
draft a "Definite Singular City Policy" regarding encroachments. This
matter is to be presented to Council within THIRTY (30) DAYS.
Voting: 10-0
Council Members Voting Aye:
Jolin A. Baijm, F. Reid Ervin, Vice @yor Harold Heischober,
Barbara M. Henley, Clarence A. Holland, M. D. , W. H. Kitchin,
III, Reba S. @Clanan, Mayor J. Henry YicCoy, Jr. , D. D. S,
Yieyera E. Oberndorf, and Patrick L. Standing
Council Members Voting Nay:
None
C6uncil Members Absent:
Donald W. @rrick
- 26-
Requested by Department of Public Works
AN ORDINANCE TO AUTHORIZE A TEMPORARY
ENCROACHMENT INTO A PORTION OF THE
RIGHT-OF-WAY OF OCEAN AVENUE TO
S. ARCHER GREEN, HIS HEIRS, ASSIGNS
AND SUCCESSORS IN TITLE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA:
That pursuant to the authority and to the extent thereof
contained in Section 15.1-893, Code of Virginia, 1950, as amended,
S. Archer Green, 6408 Oceanfront Avenue, his heirs, assigns and
successors in title is authorized to construct and maintain a temporary
encroachment into the right-of-way of Ocean Avenue.
That the temporary encroachment herein authorized is for the
purpose of erecting and maintaining a walkway and wooden deck and that
said encroachment shall be erected and maintained in accordance with the
City of Virginia Beach Public Works Department's specifications as to size,
alignment and location, and further that such temporary encroachment is
more particularly described as follows:
An area Of enCroaChmnt into a portion of the City's
right-of-vay as sham as Ocean Awnue, "Physical
Sizwy of Lot 2 and West 10' of Lot 1, Block 19, Cape
Henry Section E, LynnhavEn Borough, Virginia Beach,
Virginia, For S. Archer Creen," a copy of which is
attached hereto and rmde a part hereof and is to be
recorded sin-ultaneausly herewith to which reference
is n-ade for a mre particular description.
PROVIDED, HOWEVER, that the temporary encroachment herein
authorized shall terminate upon notice by the City of Virginia Beach
to S. Archer Green, his heirs, assigns and successors in title and that
within 90 days after such notice is given, said encroachment shall be
removed from the City right-of-way of Ocean Avenue, and that S. Archer
Green, his heirs, assigns and successors in title shall bear all costs
and expenses of such removal.
AND, PROVIDED FURTHER, that it is expressly understood and
agreed that S. Archer Green, his heirs, assigns and successors in title
shall indemnify and hold harmless the City of Virginia Beach, its agents
and employees from and against all claims, damages, losses, and expenses
including reasonable attorney's fees in case it shall be necessary to file
- 27-
or defend an action arising out of th6 location or existence of such
encroachment.
AND, PROVIDED FURTHER, that this Ordinance shall not be in
effect until such time as S. Archer Green executes an agreement with
the City of Virginia Beach encompassing the aforementioned provisions.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the day of 1981.
MES/ih
2/2/81
(29) DEFERRED FOR THIRTY DAYS: 2 March 1981
3/2/81
-28@
4"ogn no. B- 4360-01
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- 29-
ITEM II-I.2 ITEM #16338
Mr. Harry Pitts appeared regarding this matter.
Upon motion by Councilman Holland, seconded by Councilman Standing,
City Council voted to DEFER, for a clearer understanding, the
Ordinance to amend and reordain Section 32-7 of the Code of the City
of Virginia Beach, Virginia, pertaining to the Sale of Merchandise
From Stands;
AND, the Ordinance to amend and reordain Section 32-9 of the Code of
the City of Virginia Beach, Virginia, pertaining to the Sale of Goods,
Wares, Flowers or Articles of Food on City Streets.
Voting: 9-1
Council Members Voting Aye: (for deferral)
Joim A. Baun, F. Reid Ervin, Vice @yor Harold Heischober,
Barbara M. Henley, Clarence A. Holland, M.D., W. H. Kitchin,
III, Reba S. McClanan, @yera E. Oberndarf, and Patrick L.
Standing
Council Members Voting Nay:
Mayor J. @ YjcCoy, Jr., D.D.S.
Council Members Absent:
Donald W. Merrick
- 30 -
AN ORDINANCE TO AMEND AND REORDAIN
SECTION 32-7 OF THE CODE OF THE CITY
OF VIRGINIA BEACH, VIRGINIA, PERTAINING
TO THE SALE OF MERCHANDISE,FROM STANDS
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINTA:
That Section 32-7 of the Code of the City of Virginia Beach,
Virginia, is hereby amended and reordained to read as follows:
Section 32-7. Sale of merchandise from stands.
It shall be unlawful for any person to occupy or use any
part of the streets or public places of the City as a stand for the
sale of trinkets, wares, merchandise, patent medicines, er-ether
artielesT-exeept-flewers-and-artieles-used-for-feed, flowers, articles
used for food or other articles, notwithstanding the otherwise lawful
sale of goods and wares permitted by other Sections of this Code. The
Commissioner of the Revenue shall issue no license therefor.
This Ordinance shall be effective on and after the date of
its adoption.
Adopted by the Council of the City of Virginia Beach, Virginia,
on the day of 1981.
DEFERRED:- 2 March 1981
- 31-
AN ORDINANCE TO AMEND AND REORDAIN
SECTION 32-9 OF THE CODE OF THE CITY
OF VIRGINIA BEACH, VIRGINIA, PERTAINING
TO THE SALE OF GOODS, WARES, FLOWERS
OR ARTICLES OF FOOD ON CITY STREETS
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA:
That Section 32-9 of the Code of the City of Virginia Beach,
Virginia, is hereby amended and reordained as follows:
Section 32-9. Sale of goods, wares, flowers or articles of food
on streets.
The sale of goods, wares, flowers or articles of food on
any street, by any person or from any motor vehicle, trailer, cart,
dray, wagon, pushcart or any hand or peddle-propelled vehicle for
longer than fifteen (15) minutes in the same block on any given day
is prohiblted.
For the purposes of this Section only, "sale" shall be
defined as the advertising, displaying, offering or exchanging for
value of goods, wares, flowers or articles of food.
It shall be unlawful to park any vehicle from which any
of the aforesaid items are being sold in a business district as
defined in Section 22-2 of the City Code.
Violation of this Section shall constitute a Class II
misdemeanor.
This Ordinance shall be effective on and after the date of
its adoption.
Adopted by the Council of the City of Virginia Beach, Virginia,
on the day of 1981.
DEFERRED: 2 March 1981
3/2/81
- 32-
U N F I N I S H E D B U S I N E S S
D E F E R R E D C 0 M P E N S A T I 0 N P L A N
ITEM ii-J.1 ITEM #16339
Mr. Dan Arris, Insurance Firm of Brown-Arris-Langhorn, appeared
representing the firms of Kellam and Eaton Insurance, Butler-Hartsell,
Brown-Arris-Langhorn, The Hartford Insurance Group, and Aetna Life and
Casualty, requesting Council's consideration in permitting the Hartford
Insurance Group and Aetna Life and Casualty Company to quote on their
own terms and not on the terms of an independent consultant.
The Acting City Manager advised Council of the firms who have provided
Proposals to the City on the Deferred Compensation Plan.
Mr. Steve Kraman, Field Director, Hartford Insurance Group
Mr. Stanley E. Clarke, Stanley E. Clarke Associates, Inc., appeared
to discuss this matter also.
ITEM II-J.2 ITEM #16340
Upon motion by Councilman Ervin, seconded by Vice Mayor Heischober,
City Council voted to:
DIREC.r the City Manager and the City Attorney to take all
reasonable imasures, including appropriate legal action,
to pre-vent any further discharges of garbage, trash, seumge
or other solid and liquid niatter frcm any ship underway or
at anchm in the port of Hanptan Roads, and in the Lynnbawn
anchorage in partic@. Some nieasures Tmy include
discussions with shipping agents and any State or
Federal Age-ncy having jurisdiction with a view toward preventing
these discharges by negotiatim if possible. The potential danger
of the discharges suggests the need for @diate action, and the
Staff and City Attorney are further directed to proceed without
delay. If, in the opinion of the Staff, present water q-lity
sanpling program of the State ikalth Department is not adequate
to warn our citizens of inpending danger which nay be created
by these discharges, then the Staff shall so inform the
City Council at its Regular @eting of @ch 9, 1981.
Voting: 10-0
3/ 2/81
33-
Voting: 10-0
Council Members Voting Aye:
Jolm A. Baun, F. Reid Ervin, Vice @yor Harold Heischober,
Barbara M. Henley, Clarence A. Holland, M.D., W. H. Kitchin,
III, Reba S. @Clanan, Mayor J. Henry @Coy, Jr., D.D.S.,
@yera E. Oberndorf, and Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
Donald W. Yierrick
- 34-
ITEM II-J.3 ITEM #16341
Aubrey V. Watts, Director of Public Utilitie.s, appeared on this
matter.
Upon motion by Councilman Standing, seconded by Vice Mayor Heischober,
City Council voted to APPROVE the low bid of Layne Atlantic Company,
in the amount of $292,800.000 (per well), for construction of two (2)
production wells in the City of Suffolk. The wells will be completed
within ninety (90) days, (June 15, 1981).
Voting: 10-0
Council Members Voting Aye:
John A. Baum, F. Reid Frvin, Vice @yor Harold Heischober,
Barbara M. Henley, Clarence A. Holland, M.D., W. H. Kitchin,
III, Reba S. @Clanan, @yor J. Heriry Yr-Coy, Jr., D.D.S.,
@yera E. Oberndorf, and Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
Dmald W. Merrick
- 35-
A D J 0 U R N M E N T
ITEM II-K.1 ITEM #16342
Upon motion by Councilman Baum, City Council adjourned at 5:45 p.m.
Diane M. Hickman, Deputy City
Kuth Hodges @mith, City Clerk Mayor en@ MXoy s
City of Virginia Beach,
Virginia
2 March 1981
dmh/wb