SEPTEMBER 25, 1978
CITY OF VIRGINII BEICI
MUNICIPAL CENTER
L VIRGINIA BEACH, VIRGINIA 23456
MAYOR PATRICK L. STANDING, At L.,g@ CLARENCE A. HOLLAND, M.D., B.y@id, B.,..gb
VICE MAYOR 1. HENRY M,COY JR., D.D.S., B .... gb DONALB w. MERRICK, Ly-b.@,. B .... gh
JOHN A. BAUM, B.-.gb MEYERA E. OBERNDORF, Al L.,g.
F. REID ERVIN, At L.,g@ J. CURTIS PAYNE, P,i ... @@ A..@ Bo,..gb
GEORGE R. FERRELL, At L.,g, ROGER L. RIGGS, Vigi.i. B,.cb Bo,..gb
BARBARA M. HENLEY, P..g. B---8h A G E N D A RICHARD J. WEBBON,.Cily Cl@,k
The City Council of the City of Virginia Beach, Virginia, will assemble in the Administration
Building, Princess Anne Borough, Virginia Beach, Virginia, in Regular Session, at 5:30 p.m.,
on Monday, September 25, 1978, for the purpose of conducting public bus,iness and will hear
and act upon the following items:
1. Call to order by the Honorable Patrick L. Standing, Mayor, in the Council Conference Room.
2. Roll Call of the Council.
3. Motion to recess into Informal Discussion and Executive Session. Upon conclusion of the
Executive Session, City Council will reconvene in the City Council Chambers.
4. Invocation will be given at 7:00 p.m., by the Reverend Malcolm L. Yaple, Princess Anne
United Methodist Church, Virginia Beach, Virginia. Please remain standing for the Pledge
of Allegiance.
5. Roll Call of the Council.
6. Minutes of the Regular Meeting of September 11, 1978 to be presented for acceptance and
approval.
6a. N6tice of- a Public Hearing:
PUBLIC NOTICE
NOTICE IS HEREBY GIVEN THAT IT IS THE INTENTION OF THE CITY COUNCIL
OF THE CITY OF VIRGINIA BEACH, MEETING l@l R EGULAR SESSION, ON MONDAY EVEN-
ING, SEPTEMBER 25, 1978, AT 7:00 P,M., IN THE COUNCIL CHAMBERS, ROOM 203,
CITY ADMINISTRATION BUILDING, MUNICIPAL CENTER, VIRCINIA BEACH, VIRGI@IIA,
TO CONSIDER FOR ADOPTION THE FOLLOWI@JG ORDINA@JCES:
1. AN ORDINANCE TO AMEND AND REORDAIN THE COMPREHENSIVE ZONING ORDI-
NANCE BY AMENDING ARTICLE 5 TO ESTABLRSH AN R-7A RESIDENTIAL DISTRICT.
565. LEGISLATIVE INTENT
THE PURPOSE OF THE R-7A RESIDENTIAL DISTRICT IS TO PROVIDE FOR SINGLE
FAMILY HOMES ON SMALL LOTS WITH NARROIL FRONTAGES IN CONCENTRATED PATHER
THAN SCATTERED AREAS. IT 15 FOR GENERAL APPLICATION THROUGHOUT THE CITY
WHEREVER FACILITIES ARE ADEOUATE TO ACCOMODATE IT.
2. AN ORDINA@ICE TO AMEND AND REORDAIN THE COMPREHENSIVE ZONING ORDI-
NANCE BY AMENDING ARTICLE 1, SECTION 102 TO ESTABLISH AN R-7A RESJDENT
DISTRICT
(A) IN ORDER TO CARRY OUT THE PURPOSES AND PROVISIONS OF THIS ORD
NANCE, THE FOLLOWING DISTRICTS ARE HEREBY ESTABLISHED.
(3) RESIDENTIAL DISTRICTS SHALL BE AMENDED TO INCLUDE
FERSON5 rNTER.-srE[) fN AFIPEARFNG BEFORE Cf7,( COUNCRL rg
POSED TO THE AMENDMENTS HEREON PROPOSED -10 BE ADOPTED SHOUL
6b. No c Hearing:
Notice is*hereby given that the City Council of the City of Virginia Beach,
Virginia, will on Monday evening, September 25, 1978, at 7:00 P.M. hold a "Public
Hearing" in tlie City Council Chambers, Room 203, City Administration Building,
Municipal Center, Virginia Beach, Virginia, for the purpose of hearing those per-
sons in favor of or opposed to the prohibition of commercial crabbing in.the waters
of Lynnhaven Bay, Linkhorn Bay and Broad Bay.
Persons desiring to speak before City Council concerning the matter should
register their name and if representing an organization, the name of the organi-
zation with the City Clerk at 427-4304 before Wednesday, September 20, 1978 or
register their name at the City Clerk's desk in the Council Chambers before the
meeting.
By direction of tbe City Council
Ri(
Cil
7. 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.
a. Letter from the City Manager recommending that City Council approve an ordinance to
transfer funds,in the amount of $1,618,035, for the City Employee Across-The-Board
salary increase. (First reading)
b. Letter'from the City Manager recommending that City Council approve an ordinance to
amend and reordain Chapter 27, Article IV of the Code of the City of Virginia Beach
saiary i@crease and increasing the fee from 50cts to $1.00 for each civil action
filed in the Virginia Beach General Districal Court. (First reading)
c. Letter from the City Manager recommending that City Council approve an ordinance
to accept grants totalling $83,083 from State aid to Public Libraries and Federal
aid to Public Libraries and to appropriate these funds as amended: (First reading)
Travel and Training $ 1,295
Library Supplies 1,827
Equipment 37,612
Books 42,299
Periodicals 50
TOTAL APPROPRIATION $83@083
d the City Manager recommending that City Council approve an ordiiiani
to appropriate funds in the amount of $33,686 under the Anti-Recession Fiscal,
Program to be received from the Office of Revenue Sharing: (First reading)
Estimated Revenue Total
From
Police: Co=unication Equip. $19,165 $19,165
Fire: Winter Coats 6,014 6,014
Hose Ramps 8@507 - 8,507
TOTAL $33@686 $33,686
e. Letter from the City Manager recommending that City Council approve an,ordinanc,
to ikccept $56,242 fromthe Southeastern Tidewater Area Manpower Authority and to
appropriate these funds; and further, approve an ordinance to accept $173,722, f@
the Southeastern Tidewater Area Manpower Authority, of which $134,978 will be,,84
riated. (First reading))
Letter from the City lianager recommending that City Council approve an o
to appropriate funds in the amount of $54,945 for additional voting mach
voting machine storage. (First reading)
g. Letter from the City Manager recommending that City Council approve a Resolution
requesting the Tidewater Transporation District Commission to implement a five-
cent fare increase in conjunction with the proposed transit service improvements
and expansion scheduled for fiscal year 1978-79.
h. Letter from the City Manager recommending that City Council approve the following
ordinances regarding Community Development:
a. An Ordinance to amend Section 37-29 of the Code of the City of Virginia Beach
relating to water connection and installation fees, Community Development Tar-
get areas.
b. An Ordinance to amend Section 29-3 of the Code of the City of Virginia Beach
relating to sewer connection and installation fees, Community Development Tar-
get areas.
i. Letter from the City Manager recommending that City Council approve an ordinance to
amend and reordain Section 22-150.1 of the Code of the City of Virginia Beach relating
to parking spaces reserved for the handicapped.
j. Letter from the City Manager recommending that City Council approve an ordinance to
allocate additional position for department of Law.
k. Letter from the City Manager recommending that City Council appoint viewers in the
application of E. Gilbert Keene for the closure of a portion of Poplar Street (Lynn-
have Borough).
1. Letter from the City Manager recomm6nding that City Council appoint viewers in the
application of the City of Virginia Beach for the closure of a portion of 24th Street.
(Beach@Borough).
M. Letter from the City Manager recommending that City Council appoint viewers in the
application of Carl M. and Carole A. Albero for the closure of an unnamed street
south of Spiegel Drive (Lynnhaven Borough).
n. Letter from the City Manager recommending that City Council approve the following
request of Bingo/Raffle permits:
Raffle Kellam High School Band Parents Association
Bingo Plaza Little League
Bingo/Raffle Virginia Beach Aerie 3204 Fraternal Order of Eagles
Bingo/Raffle Trinity Church in Green Run (renewal)
o. Letter from the City Manager recommending that City Council approve the request of
Mr. John T. Atkinson, City Treasurer, for tax refunds in the amount of $120.35.
8a. City Council is requested to approve on second reading a Resolution to adjust grant
allocation schedules in community development grant applications for the third and
fourth program years.
8. Letter from the City Manager transmitting the recommendation of the Planning Commissi
for approval of the application of Preston M. White, Jr. , and James P. Woodard for a
change of zoning from R-6 Residential District to I-1 Light Industrial District on a
acre parcel located at the eastern extremity of Connie Lane (Bayside Borough).
9. Letter from the City Manager transmitting the recommendation of the Planning Comaissi
for approval of the application of Robert Thomas Hobbs for a change of zoning from R-
Residential District to A-1 Apartment District on a .32 acre parcel located at th-e
west intersection of Barberton Drive and C Street (Lynnhaven Borough).
10. Letter from the City Manager transmitting the recommendation of the Pl
for approval of the application of Charles D. Robbins for a change of
Residential District to R-8 Residential District (modified from A-1 Ap
on a .71 acre parcel located on the east side of South Birdneck Road,
Avenue (Lynnhaven Borough).
11. Letter from the City Manager transmitting the recommendation of the P
for approval of the application of The Lakes, Inc. for a change of zo
District to B-2 Community Business District on a 2.5 acre parcel loca
intersection of Holland Road and Stoneshore Road (Princess Anne Borou
12. Letter from the City Manager transmitting the recommendation of the P
for approval of the application of James Kabler for a change of zonin
Co=ercial District to R-6 Residential District on a 4.34 acre parcel located
northeast intersection of Molly Cooper Road and Sandpiper Road (Princess Anne borougn).
13. Letter from the City Manager transmitting the recommendation of the Planning Commission
for approval of the application of Lago-Mar, Ltd. for a change of zoning from R-4 Resi-
denial District to R-5 Residential District on a 300 acre parcel located on the north
side of the proposed False Cape Parkway, west of Camino Real South (Princess Anne
Borough; and further, transmitting the recominendation of the Planning Commission for
approval of the application of Ocean-Lakes Golf Course, Inc. for a conditional use permi
for a golf course on this same site, as well as an additional 159 acres.
14. Letter from the City Manager transmitting the recommendation of the Planning Commission
for approval of the application of Colonial-Laskin Associates for a conditional use permit
for recreational and amusement facilities of an outdoor nature and an arcade building on a
10 acre parcel located on the north side of the Virginia Beach-Norfolk Expressway, west of
First Colonial Road (Lynnhaven Borough).
15. Letter from the City Manager transmitting the recommendation of the Planning Commissio
for approval of the application of Thalia Lynn Baptist Church for a conditional use pe
for a church on a 5.953 acre parcel located at the northeast intersection of Virginia Beach
Boulevard and Cox Drive (Bayside Borough).
16. Letter from the City Manager transmitting the recommendation of the Planning Commission
for approval of the application of B. J. Willis, Jr., for a change of zoning from B-2
Co=unity Business District to 0-1 Of f ice District on a 1. 32 acre parcel located on the
east side of Thalia Road, north of Virginia Beach Boulevard, and further, a change of
zoning from R-6 Residential District to 0-1 Office District on a 3.28 acre parcel located
on the east side of Thalia Road, north of Virginia Beach Boulevard (Kempsville Borough.
Deferred from August 14, 1978.
17. Letter from the City Manager transmitting the recommendation of the Planning Commission,.
for approval of the following ordinances:
a. An Ordinance to amend and reordain the CZO by amending Article 1, Section 102 to
establish an R-7A Residential District.
b. An Ordinance to amend and reordain the CZO by amending Article 5 to establish an
R-7A Residential District.
18. Letter from the City Manager transmitting the recommendation of the Planning Commission
for approval of the application of William H. Webster, Jr., for the closure of a portion
of Katie Brown Drive (Kempsville Borough).
19. Old business, deferred from the previous meeting including any report of the Mayor or
Committees named by Council.
a. Mr. James Nocito, a resident of Chesapeake Beach wishes to present petitions to
City Council concerning the preservation of the dune line at Chesapeake Beach.
20. New business, including any presentations by Council Members, citizens and organizat
21. Motion for adjournment.
MINUTES OF THE HONORABLE CITY COUNCIL
OF TITE
CITY OF VIRGINIA BEACII, VIRGINIA
Septer,iber 25, 1978
The regular meeting of the Council of the City of Virginia Beach,
Virginia, was called to order by Mayor Patrick L. Standing, in
the Conference Room, in the Adininistration Building, on Mondav,
September 25, 1978, at 5:30 p.m.
Council Members present: John A. Baum, F. Reid Ervin, George R.
Ferrell, Councilwoman Barbara M. llenley, Clarence A. Holland,
Donald W. Merrick, Councilwoman Meyera E. Oberndorf, Roger L. Riggs,
and Mayor Patrick L. Standing
Council Members absent: Vice Mayor J. Henry McCoy, Jr.*, and J.
Curtis Payne
ITEM #12723
Mayor Standing eiitertained a motion to permit Council to coll(luct an
informal meeting to be followed by an executive sessioi, for j,-he Z)ur-
pose of discussing the following:
1. Discussion or consideration of employment, assign-
ment, appointment, promotion, deinotion, salaries, dis-
cipline or resignation of oublic officers, appointees
or employees of any public body.
2. Consultation with legal counsel and briefing by
staff members, consultants, or attorneys pertaining
to actual or potential litigation, or other legal
riatters within the jurisdiction of the public body.
On ir@o-lion by Councilnian Holland, seconded by Councilman Merrick, and
by recorded vote as follows:
Ayes: Councilmen John A. Baum, F. Reid Ervin, George R. Ferrell,
Councilwoman Barbara M. Henley, Clarence A. Holland, Donald W.
Merrick, Councilwoman Meyera E. Oberndorf, Roger L. Riggs, and
:4ayor Patrick L. Standing
Nays: @@lone
Absent: Vice I.,Iayor J. Henry lIcCoy, Jr., and Councilman J. Curtis
Payne
City Council voted to proceed into the executive session following
the informal discussion.
ITEM #12724
VICE 1,Tj@@YOR MCCOY ENTERED MEETING AT 5:43 p.m.
Mayor Standing indicated to Council that the persons who participated
and worked on this years Neptune Festival did an outstanding job to
r.iake it the success it was.
ITEM #12725
Mayor Standing indicated to Council that ,',r. George Brooke, who was
to attend tonight's Council meeting to receive a resolution, will be
unable to attend; however, Mr. Brooke will be present at the October 2,
1978, meeting.
ITE,%l #12726
The City Manager indicated to Council tlia',- several weeks ago Council-
man Ervin had requested an update on t@ie PA@IPIS study. Several proposals
from the PA14PIS Study have already been initiated the City in the form
of recomriendations.
Mr. Robert J. Scott, Planning Director, indicated that basically there
were four goals, all of whicli are designed to alleviate ldroblems that
exist in tlie Atlantic and Pacific Avenue area:
1. Improve traffic circulation.
2. Minimize the conflict between automobiles,
bicycles and pedestrians.
3. Increase available parking.
4. Improve the general appearance of the area.
The following are a list of recommenaations that the study offers:
1. To establish a one-way street system, to
be done in three (3) phases:
a. One-way for side streets
b. Coordination of traffic signals
C. Second bridge over Rudee Inlet
2. Upgrade tl-ie bicycle paths in the area.
3. Completing the sidewalk system.
4. Series of surface parlcing lots in the Beach
Borough.
5. Series of pedestrian walkways an' restroom
facilities.
6. Street lighting and signs
The PAMPIS study was presented in the fall of 1974, therefore, a
number of these recommendations have been implemented, and several
others are in the planning staues.
Councilman Ervin indicated that the report was helpful in the terms
of what the s-ludy included; however, Councilman Ervin indicated he
wanted to look ahead to the long-range problem of parkina. Ilow it
miaht tie in with the new Arts and Conference Center; wh@ther these
faci@@ities should be multi-leveled or spread out, because if business
in the Beach Borough continues on the same level parking could becorie
a severe problem with regards to the tourist industry.
ITEM #12727
The City Manager indicated to Council that the ordinance on the
establishment of an R-7A District would appear on the foriqal agenda
under item 17.
The City flanager reques-led that the R-7A ordinance be deferred
until the Comprehensive Land Use Plan has been completed.
IT@-M @TI-2728
The City Manager indicated that Grover C. Wright appeared before
Council with regards to the problems the new hotel/motel owners
are experiencing due to line fees. In all fairness to the hotel/
motel owners, the percentage of payments they make compared to
the single-family or condominium owner is more expensive.
The City Manager indical@ed that Mr. Wright has prepared an agreement
which would necessitate an amendment to the City ordinance. This
amendment would permit the Council to allow the City Manager to enter
into an agreement with builders of hotels/motels, and the agreement
states that if there is a study going on regarding tlie hotel/motel
line fees, and if Council reduces it hotel/motel, the reduction in
line fees will be granted to the hotel/motel owner.
ITEM #12729
The City Manager indicated he would like to bring a resolution before
Council in support of the Tidewater Transportation Comrqission's position
with regards to UMPTA's new regulations concerning busses for the
handicapped.
ITEM #12730
e City Manager indicated he has placed before each Council Member
,h
a report regarding CETA.
The Ci-,y Manager indicated that if Congress does not approve CETA
funds, department heads will have to lay-off some employees, however;
there are several positions under CETA that the City Manager would
like to see become permanent.
ITE,TA #12731
The City Manager indicated to Council that he has come back to Council
with a new recommendation with recards to the Landfill Regulations,
and that would be to not charge anyone for using the Landfill; however,
no persons other than Virginia Beach residents will be permitted to use
the Landfill.
ITEM #12732
Councilman Merrick stated he would like to see Council follow the
procedure of the Planning Commission regarding the IDosting ol- signs
required to inform the people in the neighborhood oi an upcoming
zoning change or use permit in their area.
The Planning Commission established the procedure wilereby if a sign
was not posted properly two weeks before the hearing the Planning
Commission will not hear the application.
ITEM #12733
Councilman Merrick requested the City Manager to prepare a report
regardina police protection for the Beacli Borough, and what alternatives
Council @as.
ITEL #12734
At 7:00 p.m., City Council reconvened in the Council Chambers with
the following members oresent:
John A. Baum, F. Reid Ervin, George R. Ferrell, Councilwoman Barbara
M. Henley, Clarence A. Holland, Vice Mayor J. Henry McCoy, Jr.,
Donald W. Merrick, Councilwoman @leyera E. Obern,lorf, Roger L. Riggs,
and 14a@,7or Patrick L. Standing
Council Merqber absent: J. Curtis Payne
The invocation was given by tlie Reverend Malcolm L. Yaple, Princess
Anne United Methodist Church, followed by the Pledge of Allegiance.
ITEM #12735
On motion by Councilwoman Oberndorf, seconded by Councilman Riggs,
and by recorded vote as follows:
Ayes: Councilmen John A. Baum, F. Reid Ervin, George R. Ferrell,
Councilwoman Barbara M. Henley, Clarence A. liolland, Vice Mayor
J. Henry @IcCoy, Jr., Donald W. Merrick, Councilwoman Meyera E.
Oberndorf, Roger L. Riggs, and Mayor Patrick L. Standing
Nays: None
Absent: Councilman j. Curtis Payne
City Council voted to approve the minutes of the reqular meeting of
Septer.iber 11, 1978, and dispensed with the reading of said minutes
inasinuch as each Council Member had a copy.
ITEM #12736
The City Clerk read the followina Public liotice:
Notice is hereby given that it is the intention of the
City Council of the City of virginia Beach, meeting in
regular session, on Monday eveninq, September 25, 1978,
in the Council Chambers, Room 203, City Adrqinistration
Buildina, Municipal Center, Virginia Beach, Virginia, to
consider for adoption the followina ordinances:
1. An ordinance to amend and reordain the
Comprehensive -loning ordinance by amending
Article 5 to establish an R-7A Residential
District.
565. Legislative Intent
The purpose of the R-7A Residential District
is to provide for single family homes on small
lots with narrow frontages in concentrated
rather than scattered areas. It is for general
application throughout the City wherever
facilities are adequate to accomodate it.
2. An ordinance to amend and reordain the
Comprehensive Zoning ordinance by amending
Article 1, Section 102 to establish an R-7A
Resideiitial District
A. In order to carry out the purposes
and provisions of this ordinance tlie
following districts are hereby established.
3. Residential Districts shall be amended to
include R-7A residential District.
Persons interested in appearing before City Council in favor
or opposed to the amendments hereon proposed to be adopted
should notify the City Clerk at 427-4304, on or bel-ore Wednesday
Septerber 20, 1978. Detailed copies of the proposed anendments
are available in the City Clerk's Office.
Due to an advertising error, this matter was deferred until October 9,
1978.
ITEM 412737
The City Clerk read the followina Notice of Public Hearing:
lqotice is hereby given that the City Council
of the City of Virginia Beach, Virginia, will on
14onday, September 25, 1978, at 7:00 p.m., hold a
Public Hearing in the Citv Council Charibers, Room
203, City Administration Building, municipal Center,
Virginia Beach, Virqinia, for the purpose of hear-
ing those persons in favor of or opposed to the pro-
hibition of commercial crabbing in tlie waters of
Linkhorn Bay and Broad Bay.
Persons desiring to speak before City Council
concerning this matter should register their name
and if representing an organization, the name of
the organization witli the City Clerk at 427-4304
before Wednesday, September 20, 1978, or register
their name at the City Clerk's desk in the Council
Charqbers before the meeting.
The following persons appeared regarding the above matter:
Mrs. Daisy Miller, representing the Great Neck Point Civic League,
indicated they were not particularly in favor of the ordinance
prohibiting crabbing. The concern of the civic league is if
crabbing is banned in a certain area of the City the crabbers
will move to other areas, namely Lynnhaven Inlet and Lynnhaven
River.
Mr. H. Jack Jennings appeared in opposition to the proposed ordinance
in that it will keep some citizens of Virginia Beach from making their
living.
lir. Ken Johnson, rei)resentin" the Broad Bay Sailing Association,
appeared in favor of the cra@'bing ordinance.
Mr. Bradeii Vandeventer appeared in favor of the ordinance, questioned
if it would stand up in court.
Mr. J. Krueger appeared in favor of the ordinance
Mr. Lewis Johnson appeared in favor of an ordinance, provided, it
was properly worded.
Mr. Wal-ler Royal appeared in favor of the ordinaiice as he does not
thin], the crabbers should have exclusive use of waters.
Mr. E. T. Buchanan, Chesapeake Bay Foundation, suggested the "pots"
should be removed each Memoral Day, Fourth of July, and Labor Day.
Mr. James Sisseiis, a-,opeared in opposition to the ordinance
After considerable discussion, mayor Standing indicated he would
appoint a committee for the purpose of sitting down with the Cit,v
Manager to work out some form of agreernent.
Councilman Ervin requested the City Attorney to consult the Attorney
General for an opinion in this matter.
ITEM #12738
On motion by Councilman Baum, seconded by Vice Mayor McCoy, and by
recorded vote as follows:
Ayes: Councilmen John A. Baum, F. Reid Ervin, George R. Ferrell,
Councilwoman Barbara M. Henley, Clarence A. Holland, Vice Mayor
J. Henry McCoy, Jr., Donald W. Merrick, Councilwoman Meyera E.
Oberndorf, Roger L. Riggs, and Mayor Patrick L. Standing
Nays: None
Absent: Councilman J. Curtis Payne
City Council voted to approve the following consent a.aenoa, 7a through
7o, with the exception of 7h, which will be voted on separately:
ITEM #12739
On motion by Councilman Baur, seconded by Vice Mayor McCoy, and by
recorded vote as follows:
Ayes: Councilmen Jolin A. Baur@i, F. Reid Ervin, George R. Ferrell,
Councilwoman Barbara M. Henley, Clarence A. Holland, Vice Mayor
J. Henry McCoy, Jr., Donald W. Merrick, Councilwoman Meyera E.
Oberndorf, Roger L. Riggs, and Mayor Patrick L. Standing
Nays: None
Absent: Councilman J. Curtis Payne
City Council voted to approve on first reading the following ordinance
to transfer funds for the City Employee Across-The-Board salarv increase:
AN ORDINANCE TO TRANSFER FUNDS
FOR TRE CITY EKPLOYEE ACROSS-
THE-BOARD SALARY INCREASE
WFTREAS, an y 22 of 1978, City Council approved the FY 1979
Ma
operating Budget, and
.WHEREAS, City Council, in the FY 1979 Budget, also approved
ployees to be effec-
two across-the-board salary increases for City Em
tive October 1, 1978 and January 1, 1979, and
WBEREAS, funds in the amount of $1,584,422 were appropriated
into the !various Reserve for Contingencies accounts to be distributed
for this purpose, and
WHEREAS, the total cost for the across-the-board salary
increases is estimated to be $1,618,035 of which $1,562,141 will be
coming from Reserve for Contingencies of the General and Water and
sewer -Funds and the remainder from the fund balance in the City Garage
rm
Print Shop Working Capital Funds and the Fa ers' Market and Golf
Course Enterprise Funds,
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH:
That appropriations be transferred or appropriated as follovs:
From: Reserve for Contingencies
eneral Fund 1,444,046
Water and Sewer Fund 118,
Total $ 1,562,141
From: Fund Balances
ity Garage Working Capital Fund $ 40,811
Print Shop Working Capital Fund 4,215
Farmers' Produce Market
Enterprise Fund 390
Golf Course Enterprise Fund 10,478
Total 55,894
GRAND TOTAL 8 035
irst Read.ing September 25, 1978
econd Reading
SALARY INCREASES BY DEPARTMENT FOR
OCTOBER 11 1978 AND JANUARY 1, 1979
Department Nam. October 1, 1978 January 1, 1979 Total
GENERAL FUND
Appropriated to:
Legislative Department $2,268 $ 1,512 3,780
Executive Department 12,007 8,325 20,332
Law Department 8,451 5,634 14,085
Finance Department 71,187 47,616 118,803
Personnel Department 7,200 4,750 11,950
Judicial Department 33,021 22,014 55,035
Health Department 3,393 1,896 5,289
Police Department 176,109 136,593 312,702
Public Works Department 172,922 126,857 299,779
Parks and Recreation Department 53,422 33,215 86,637
Library Department 26,008 17,339 43,347
Planning Department 12,873 7,952 20,825
Agriculture Department 2,547 1,698 4,245
Department of Economic Development 11,124 7,416 18,540
General Services Department 84,167 56,112 140,279
Boards and Commissions 2,362 972 3,334
Fire D6partment 90,578 60,385 150,963
Data Processing Department 29,986 19,470 49,456
Permits and Inspections Department 18,324 12,216 30,540
Mental Health Department 32 475
Total Appropriated from General
Fund Reserve for Contingencies-
Salary $850,424 S 593.622
WATER AND SEWER FUND
Appropriated to:
Public Utilities Department $ 70,857 S 47.238 S 118,095
Total Appropriated from Water
and Sewer Fund Reserve for
Contingencies-Salary $ 70,857 S 118.095
CITY GARAGE WORKING CAPITAL FUND
Appropriated to: $ 24,487 $ 16,324 40,811
Automotive Services 1311
Total Appropriated from Fund
Balance $ 24,487 16 324
PRINT SHOP WORKING CAPITAL FUND
Appropriated to:
Printing and Distribution 4 215
Total Appropriated from Fund
Balance $2,529 1 686
FARMERS' MARKET ENTERPRISE FUND
Appropriated to:
Farmers' Produce Market $ 234
Total Appropriated from Fund
Balance $ 234
GOLF COURSES ENTERPRISE FUND
Appropriated to:
Red Wing Golf Course $3,956 $ 2,637 $ 6,593
Bow Creek Golf Course 2,331 1.554
Total Appropriated from Fund
Balance $6,287 4 191
TOTAL APPROPRATIONS $ 663,217 $ 1,618,035
ITEM #12740
On motion by Councilman Baum, seconded by Vice Mayor McCoy, and by
recorded vote as follows:
Ayes: Councilmen John A. Baum, F. Reid Ervin, Georae R. Ferrell,
Councilwoman Barbara M. Henley, Clarence A. Holland, Vice Mayor
J. Henry McCoy, Jr., Donald W. @lerrick, Councilwoman Meyera E.
Oberndorf, Roger L. Riggs, and Mayor Patrick L. Standing
Nays: None
Absent: Councilman J. Curtis Payne
City Council voted to approve on first reading the following ordinance
to amend and reordain Chapter 27, Article IV of the City Code relating
to the Public Law Library:
AN ORDINANCE TO AMEND AND REORDAIN
CHAPTER 27, ARTICLE IV OF THE CODE
OF THE CITY OF VIRGINIA BEACH,
VIRGINIA, RELATING TO THE PUBLIC
LAW LIBRAKY.
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That Chaptdr 27, Article IV, Public Law Library is amended and reordained
as,follows:@
5. Created; assessments.
Pursuant to section 42.1-70, Code of Virginia, 1950 as arnended, the tity
hereby creates and establishes a public law library, and does hereby impose
and provide an assessment as part of the costs incident to each civil action
filed in the circuit courts and the district courts, located within the
boundaries of each civil action filed.
isbursement of assessments.
ment shall be collected by the clerk of the court wherein such
action is filed and be remitted to the city treasuter and held by such treasurer
subject to disbursements by the council of the city for the acquisition of law
books and law periodicals for the establishnent, use and maintenance of a law
library, and such disbursernents may include cornpensation to be paid to librarians
and other necessary staff for the maintenance of such library and acquisition of
suitable quarters for such library.
Secti 17. Canpensation of librarians and staff.
canpensatim of such librarians and the necessary staff fo@ the maintenance'
slch 'library and acquisition of suitable quarters for such library shall be
fixed by the governing body.
Section@@27-17.1 Canputer Research - Disbursements.
nt to the rules of the Suprerne
ices of the sta
Sect.ion 27- 18. Assessment in addition to other costs; inapplicable to certain
actions.
The assessinent provided for herein shall be in addition to all other costs
prescribed by law, but shall not apply to any action in which the camonwealth.
or any politichl subdivision thereof or the federal government, is a party, and
in which the costs are assessed against the commonwealth, all political sub-
divisions thereof, or federal government.
f
Section 27-19. City may accept contributions, etc.
The city mAy accept contributions to the fund or accept law books or
law periodicals from any person.
This'ordinance shall become effective on October 16, 1978.
First Readinq: September 25, 1978
Second;Reading:
Adopted by the Council of the City of Virginia Beach on the day
of 1978.
ITEM #12741
on""mo-elion by Councilman Baum, seconded by Vice Mayor McCoy, and by
recorded vote as follows:
Ayes:-72COuncilmen John A. Baum, F. Reid Ervin, George R. Ferrell,
co@cilwoman Barbara M. Henley, Clarence A. Holland, Vice Mayor
J. Henry McCoy, Jr., Donald W. Merrick, councilworqan Meyera E.
Oberndorf, Roger L. Riggs, and Mayor Patrick L. Standing
Nays: Nolne,,
Absent.@.@ Councilman J. Curtis Payne
City Council voted to approve on first reading the following ordinance
to accept grants totaling $83,083 from State aid to Public Libraries and
Federal aid to Public Libraries and to appropriate these funds as amended:
AN ORDINANCE TO ACCEPT GRANTS TOTALLING
EIGHTY-THREE THOUSAND, EIGHTY THREE
DOLLARS ($83,083) FROM STATE AID TO
PUBLIC LIBRARIES AND FEDERAL AID TO
PUBLIC LIBRARIES AND TO APPRBPRIATE
THESE FUNDS AS AMENDED
WHEREAS, the City Council is interested in enhancing the
quality of service by our Public Libraries, and
WHEREAS, grants of $75,512 from State Aid to Public Libraries
and $7,571 from Federal Aid to Public Libraries are available for this
purpose, and
WHEREAS, no local funds are required.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF TRE CITY OF
VIRGINIA BEACH, VIRGINIA:
That the funds from the above two grants be accepted and
$83,083 be appropriated for equipment, supplies, and books in the
Department of Libraries in the Fiscal Year 1978-1979 Operating Budget
as follows:
Travel and Training $ 1,295
Library Supplies 1,827
Equipment 37,612
Books 42,299
Periodicals 50
TOTAL APPROPRIATION 083
BE IT FURTHER RESOLVED TRAT, Estimated Revenues from the
Federal and State goverrunents be increased by $83,083 to finance the
appropriation.
First Reading Septeniber 25, 1978
Second Reading
Adopted by the C6uncil of the City of Virginia Beach on the
day of 1978.
ITEM #12742
On motion by Councilman Baum, seconded by Vice Mayor r4cCoy,
recorded vote as follows:
kves: Councilmen John A. Baum, F. Reid Ervin, George R. Ferrell,
Councilwoman Barbara M. Henley, Clarence A. Holland, Vice Mayor
J. Henry McCoy, Jr., Donald W. Merrick, Councilwoman Meyera E.
Oberndorf, Roger L. Riggs, and Mayor Patrick L. Standing
Nays: None
Absent: Councilman J. Curtis Payne
City Council voted to approve on first reading the followina ordinani(
to appropriate funds in the amount of $33,686 under the Anti-Recessitr
Fiscal Aid Program to be received from the Office of Revenue Sharing:
AN ORDINAME TO APPROPRIATE FUNDS
UNDER THE ANTI-RECESSION FISCAL
AID PROGRAM TO BE RECEIVED FROM
THE OFFICE OF REVENTJE SHARING
WHERFAS, the City Council is interested in providing needed
materials, supplies, and equipment for the Police and Fire Departments,
and
WHEREAS, the Office of Revenue Sharing has paid the City thirty-
three thousand, six hundred and eighty-six dollars ($33,686).
NOW, THEREFORE, BE IT ORDANM BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
That funds available under the Anti-Recession Fiscal Aid ftogrom
be accepted and appropriated, for the following purposes:
Estimated Revenue Total
From Other Agencies Appropriations
Police:
Coumnication equipment $19,165 $19,165
Fire:
Winter Coats 6,014 6,014
Hose Ramps 8,507 8,507
686 686
BE IT FURTliER ORDANM that the appropriations will be f4nAn,ed
@y $33,686 Estimated Revenue from the Office of Revenue Sharing.
FIRST READING: September 25, 1978
SECOND REALDING:
Adopted by the Council of the City of Virginia Be,ach
day of 1978.
ITEM #12743
on motion by Councilman Baurn, seconded by Vice Mayor M
recorded vote as follows:
Ayes: Councilmen John A. Baum, F. Reid Ervin, George
Councilwoman Barbara M. Henley, Clarence A. liolland, Vice ayor
J. Henry McCoy, Jr., Donald W. Merrick, Councilwoman Meyela E.
Oberndorf, Roger L. Riggs, and Mayor Patrick L. Standing
Nays: None
Absent: Councilman J. Curtis Payne
Cit.v Council voted to approve on first reading the following ordinanc
to accept $56,242 from the Southeastern Tidewater Area Manpower Autho
and to appropria-le these funds:
AN ORDINANCE TO ACCEPT $56,242
FRGH THE SOUTHE&STERN TIDEWATER
AREA MANPOWER AUTHORITY AND TO
APPROPRIATE THESE FUNDS
WHERFAS, the City Council, on March 7, 1977, appraved $34,17@ in
initial funding for the City's current Title II Ewloyment Program under
the Comprehensive Employment and Training Act of 1973 (CETA), and
WHERE&S, the City Cou=il, on June 13, 1977, approved $584,335 in
additional funding, of vbich only $580,926 was actually appropriated, due
to a reduction of available funds by the Department of Labor (DOL), and
WHEREAS, the City Council, on July 3, 1978, approved $12,712 in
additional funding, and
WHERE&S, the City Council, on September 11, 1978, appraved
$30,000 in additional funding, and
WHEREAS, the Southeastern Tidewater Area Manpower Authority
(STAM&) has now appi7oved $56,242 in additional funding, which the City
wishes to accept, coutingent upon the final appraval by the DOL.
NOW, THEREFORE, BE IT ORDAMM BY THE COUNCIL OF THE CrrY OF
VIRGINIA BE&CH, VIRGINIA:
That the City Manager is hereby authorized to accept the-grant
for the City, and funds are hereby appropriated for the following purpose:
Estimated Revenue Total
From Other Agencies Appropriations
CETA Title II 242 2"2
BE IT FURTHER ORDAINED that the appropriations will be financed
1007 by federal funds from STAMA, with no local match required.
FMST READING: Septeffiber 25, 1978
SBCOND READING:
Ado ted b the Cou
ITEM #12744
on motion by Councilman Baum, seconded by Vice mayor McCoy, and by
recorded vote as follows:
Ayes: Councilmen John A. Baum, F. Reid Ervin, George R. Ferrell,
Councilwoman Barbara M. Henley, Clarence A. Holland, Vi6e Mayor
J. Henry McCoy, Jr., Donald W. Merrick, Councilwoman Meyera E.
Oberndorf, Roger L. Riggs, and Mayor Patrick L. Standing
Nays: None
Absent: Councilman J. Curtis Payne
City Couiicil voted to approve on first reading the following ordinance
to accept $173,722 from the Southeastern Tidewater Area Manpower
Authority, of which $134,978 will be appropriated:
AN ORDINANCE TO ACCEPT $173,722
FRCH THE SOUTHEASTERN TIDEWATER
AREA MANPOWER AUTHORLTY, OF WHICH
WILL BE APPROPRIATED
WHEREAS, the Virginia Beach City Council, on Febru@ 7, 19779
approved an initial award totalling $290,000 from the Southeaste= Tidwater
Area Manpower Authority (STANA) for the purpose of establishing an @loy-
ment program under Title VI of the Comprehensive Hoployment and Training
Act of 1973 (CETA), and
WHEREAS, the City Council, on March 14, 1977, approved,a
modification to the CETA - Title VI Program, increasing the award.to $!
and
WHEREAS, the City Council, on June 20, 1977, approved a
to. the CL?TA - Title VI Program, increasing the award to $440, 643,
ITEM #12745
On motion by Councilman Baum, seconded by Vice Mayor McCoy, and by
recorded vote as follows:
Ayes: Councilrqen John A. Baum, F. Reid Ervin, George R. Ferrell,
Councilwoman Barbara M. Henley, Clarence A. Holland, Vice Mayor
J. Henry McCoy, Jr., Donald W. Merrick, Councilwoman Meyera E.
Oberndorf, Roger L. Riggs, and Mayor Patrick L. Standing
Nays: None
Absent: Councilman J. Curtis Payne
City Council voted to approve on first reading the following ordinance
to appropriate funds in the amount of $54,945 for additional voting
machines and voting machine storage:
AN ORDINANCE TO APPROPRIATE FUNDS
FOR ADDITIONAL VOTING MACHINES
AND VOTING MACHINE STORAGE
WHEREAS, the City is required by Section 24.1-203 of the Code
of Virignia to provide a voting machine for every 750 voters, and
WHEREAS, since the number of registered voters in Virginia
Beach is estimated to be 90,000, therefore requiring the City to pro-
vide 120 voting machines, and
WHEREAS, the number of voting machines presently maintained
by the General Registrar's Office is 107, and
WHEREAS, the additional 13 voting machines at $2,365 each
will cost $30,745, and
WHEREAS, the storage of these machines will require the
expansion of the voting machine storage facility at an estimated cost
of $24,000,
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH:
That funds totaling $54,945 be appropriated from the fund
balance in the General Capital Projects Fund for the purchase of 13
voting machines, $30,745; and for the addition of 1,156 square feet to
the voting machine storage building, $24,200.
First Reading Septernber 25, 1978
Second Reading
Adopted by the Council of the City of Virginia Beac
day of 1978.
ITEM #12746
On motion by Councilman Baum,, seconded by Vice Mayor McCo
recorded vote as follows:
Ayes: Councilmen John A. Baum, F. Reid Ervin, George R.
Councilwoman Barbara M. Henley, Clarence A. Holland, Vice Mayor
J. Henry 14cCoy, Jr., Donald W. @lerrick, Councilwoman Meyera E.
Oberndorf, Roger L. Riggs, and Mayor Patrick L. Standing
Nays: None
Absent: Councilman J. Curtis Payne
City Council voted to approve the following resolution requesting
the Tidewater Transportation District Commission to implement a
five-cent fare increase in conjunction with the proposed transit
service improvements and expansion scheduled for fiscal year 1978-79:
The regular meeting of the Council of the City of Virginia Beach, Virginia,
was held in the Council Chambers of the Administration Building on the 25
day of September , 1978.
On motion by Councilman Bauiq and seconded by Vice Mayor McCoy
the following resolution was adopted.
R E S 0 L U T I 0 N
WHEREAS, the City of Virginia Beach participates in regional trans.portati
services provided by the Tidewater Transportation District Commission, and
WHEREAS, the cost to the City of Virginia Beach for providing these s
is increasing approximately 14% per year, and
WHEREAS, the Tidewater Transportation District Commission has recomn)e
five cent fare increase in the base fare from thirty-five cents to forty cents t .o.p
tially offset the increase in operating expenses, to allow improvement and expansio
transit service in Virginia Beach, to establish a uniform District fare, an
the transit users' payment of a larger share of the operating cost, and
WHEREAS, on August 7, 1978, the City of Virginia Beach and the Ti
Transportation District Commission conducted a Joint Public Hearing on the
Fare Increase and Service Improvements for the City of Virginia Beach, and
WHEREAS, no adverse comments were delivered at the Public Hearing
quently in writing.
NOW THEREFORE BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGIN
That the Tidewater Transportation District Commission is here
implenient a five cent fare increase in the base fare from thirty-five c
AND, BE IT FURTHER RESOLVED, that the Council of the City of
hereby requests that the proposed fare increase be implemented in conj@u
proposed transit service improvements and expansion scheduled for Fiscal Yeai
Adopted by the Council of the City of Virginia Beach.,
on the 25 day of SeptePiber , 1978
ITEM tl2747
on motion by Councilman Baum, seconded by Vice Mayor
recorded vote as follows:
Ayes: Councilmen John A. Baum, F. Reid Ervin, GeorgE
Councilwoman Barbara M. Henley, Cla--ence A. Holland,
J. Henry McCoy, Jr., Donald W. Merrick, Councilwoman Meyera E
Oberndorf, Roger L. Riggs, and Mayor Patrick L. Standing
Nays: None
Absent: Councilman J. Curtis Payne
City Council voted to approve the following ordinance to amend
reordain Section 22-150.1 of the Code of the City of Virginia B
virginia, relating to parking spaces reserved for the-handicapp
AN ORDINANCE TO AMEND AND REORDAIN SECTION
22-150.1 OF THE CODE OF THE CITY OF VIRGINIA
BEACH, VIRGINIA, RELATING TO PARKING IN SPACES
RESERVED FOR THE HANDICAPPED.
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEA
That Section 22-150.1 of the Code of the City of Virgini
is hereby amended and reordained as follows:
Section 22-150.1. Parking in spaces reserved for the handicapped.
It shall be unlawful for a nonhandicapped operator of a motor vehicl
park in a parking space reserved for the handicapped unless such operator is using
the motor vehicle to transport a handicapped person who has obtained a special
vehicle parking permit from the Division of MQtor Vehicles. Such special vehicle
parking pemit must be displayed in the front windshield of the motor vehicle when
such vehicle is parked in a parking space reserved for the handicapped.
The nonhandicapped operator of a motor vehicle not in compliance with
this section parked in a parking space reserved for the handicapped at privately
owned shopping centers and business offices may be issued a summons wi
necessity of a warrant.
Adopted by the Council of the City of Virginia Beach, Virgi,n
25 day of September 1978.
ITEM #12748
On motion by Counciliqan Baum, seconded by Vice Ma@
recorded vote as follows:
Ayes: Councilmen John A. Baum, F. Reid Ervin I George
Councilwoman Barbara M. Henley, Clarence A. Hiland, Vi @ m
J. Henry McCoy, Jr., Donald W. Merrick, Councilwoman Meyera
Oberndorf, Roger L. Riggs, and Mayor Patrick L. Standing
Nays: None
Absent: Councilman J. Curtis Payne
City C6uncil voted to approve the followina ordinance to alloc
an additional position for the Department 8f Law:
AN ORDINANCE TO ALLOCATE ADDITIONAL
POSITION FOR DEPARTMENT OF LAW
@WHEREAS, the Department of Law require8 additional staffing'
accommodate the increase in services provided; and
WHEREAS, Section 2 of the appropriation ordinance for fiscal
1978-1979 requires City Council approval for new personnel positions no
set forth therein; and
WHEREAS, there is sufficient appropriations for fiscal year
1978-1979 to fund this position.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
That the following additional personnel position be added to th
Department of Law.
1 Clerk Typist
Adopted by the Council of the City of Virginia Beach on tt
day of September 1978.
IN THE MATTER OF CLOSING, VACATING AND DISCONTINUING
A PORTION OF THAT CERTAIN STREET OF VARIABLE WIDTH,
KNOWN AS POPLER STREET, AS SHDWN UPON THAT CERTATN
PLAT ENTITLED, "PLAT SHOWING A PORTION OF POPLAR
STREET TO BE CLOSED AND VACATED BY THE CITY OF
VIRGINIA BEACH, VIRGINIA - LYNNHAVEN BOROUGH-
VIRGINIA BEACH, VIRGINIA", WHICH PLAT IS ATTACHED
HERETO.
P E T I T I 0 N
TO: THE MAYOR ANb THE MEMBERS OF THE COUNCIL OF THE
CITY OF VIRGINIA BEACH, VIRGINIA
Your petitioner, E. Gilbert Keene, respectfully represents as
follows:
1. That pursuant to the provisions of Section 15.1-363 of the
1950 Code of Virginia, as amended, the petitioner applies for the vacating,
closing, and discontinuance of a portion of that certain street, which is
more specifically described as follows:
Poplar Street. From a point where the existing southerly side
of Bonney Road intersects with the existing westerly
side of Poplar Street, proceed S20 22' 41" E 5 feet more
or less, to the point of beginning. From the point of
beginning proceed N890 37' 19" E 66.04 feet to a point;
thence S20 22' 41" E 353.51 feet to a point; thence;
along a curve to the right 73.34 feet to a point where
the existing westerly side of Poplar Street intersects
with the northerly side of the Virginia Beach-Norfolk
Toll Road (Route 44); thence N20 22' 41" W 390.01 feet
to the point of beginning.
Said parcel of land being a portion of Poplar Street"'as@
indicated on that certain plat entitled, "Plat Showing a Portion of Poplar
Street to be closed and vacated by the City of Virginia Beach, Virginia,-
Lynnhaven Borough- Virginia Beach, Virginia," which plat is attached hereto
and made a part hereof and intended to be recorded with the Ordinance closing
the aforedescribed street.
2. That no inconvenience will result to any persons by reason of
said closing, vacation, and discontinuance of said street; and the petitioner
prays that this Honorable Council appoint viewers as provided by law to view
said platted street proposed to be closed and to report in writing to the
Council on or before the -- day of , 1978, as to whether in
V. Alfd Ettlidg., the opinion of said Viewers, what inconvenience, if any, would result from
Att.n" P C.
the discontinuance and closing of this portion of said street, as herein