FEBRUARY 7, 1977
CITY OF VIRGINII BEIC
MUNICIPAL CENTER
I.,i ity"
.9 C VIRGINIA BEACH, VIRGINIA 23456
MAYOR CLARENCE A. HOL[-AND, M.D., B.y@id@ 13.,.@gh HENRY M@COY, J,., D.D.S., K-p@.ill, B.,..,b
VICE MAYOR PATRICK L. STANDING, A, I .,g@ MEYERA E. OBERNDORF, A, L.,g@
JOHN A. BAUM, B.,@.gh J. CURTIS PAYNE, A... B.,..gb
ROBERT B. CROMWELI,, J,, Al L.,g@ ROGER L. RIGGS, Vigi.i. B@.,h B.,.gh
GEORGE R. FERRELI,, Al L.,g@ FLOYD E. WATERFIELD, ],., P..g. B@,@@gh
JOHN R. GRIFFIN, Ly-b.,@,@ B.,..gb A G E N D A RICHARD 1, 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 1:00 p.m., on Monday, February 7, 1977, for tlie pur-
pose of conducting public business and will hear and act upon the following
items:
1. Call to order by the Honorable Clarence A. Ifolland, Mayor, in the
Council Conference Roon.
2. Roll Call of the Council.
3. Motion and Roll Call to recess into Informal Discussion and Executive
Session. Upon conclusion of tlie Executive Session, City Council will
reconvene in the City Council Chambers.
4. Invocation will be given at 2:00 p.m., by the Chaplain R. Fenton Wicker,
Jr., Oceana Naval Air Station Chapel, Virginia Beach, Virginia. Please
remain standing for the Pledge of Allegiance.
S. Roll Call of the Council.
6. Minutes of tlie Regular Meeting of January 24, 1977 to be presented for
approval and acceptance.
a) City Council is-requ6sted to approve a Proclamation proclaiming the month
of February as ARBOP, MOI'Tfi and the 22nd day of February, 1977 as ARBOR DAY.
b) City Council is requested to approve a Zesolution regarding "Law Enforcement
Officers Protedural Guarantees".
7. Items for Second Reading:
a) City Council is requested to approve on second reading an ordinance
to accept $290,000 from the Southeastern Tidewater Area Manpower
Authority and to appropriate these funds.
8. Public Notice:
PUBLIC NOTICE
Notice is hereon given that the City Council of the City of
Virginia Beach, Virginia, will on February 7, 1977, at 2:00 p.m.,
Monday, hear the following Subdivision Variance:
Appeal from Decisions of Administrative Officers
in regard to certain elements of the Subdivision
Ordinance, Subdivision for Great Neck Farms. Pro-
perty located on the South Side of Old Donation
Parkway, 1400 feet more or less East of North Creat
Neck Road. Plats with more detailed information
are available in the Department of Planning.
Persons who wish to appear in favor of or opposed to this
matter may register with the Office of the City Clerk on
Wednesday, February 2, 1977, before 5:00 p.m. (427-4304),
or register at the Clerk's Desk prior to the meeting.
Ric.,a@ /1"'@ b,)@' City Clerk
Advertise January 19, 26, 1977
Subdivision Variance: Appeal from Decisions of Administrative Officers in re-
gard to certain elements of the Subdivision Ordinance, Subdivision for Great
Neck Farms. Property located on the South side of Old Donation Parkway,
1400 feet more or less East of North Great Neck Road. Plats with more de-
tailed information are available in the Department of Planning.
r7
Subdivision Variance: Appeal frorn Decisions of Adrninistrative Officers in re-
gard to certain elernents of the Subdivision Ordinance, Subdivision for Great
Neck Farrns. Property located on the South side of Old Donation Parkway,
1400 feet rnore or less East of North Great Neck Road. Plats with more de-
tailed information are available in the Department of Planning.
Subdivision Variance: Appeal from Decisions of Administrative Officers in re-
gard to certain elements of the Subdivision Ordinance, Subdivision for Great
Neck Farms. Property located on the South side of Old Donation Parkway,
1400 feet more or less East of North Great Neck Road. Plats with more de-
ta.Ued information are available in the Department of Planning.
tl
Subdivision Variance: Appeal from Decisions of Administrative Officers in re-
gard to certain elements of the Subdivision Ordinance, Subdivision for Great
Neck Farms. Property located on the South side of Old Donation Parkway,
1400 feet more or less East of North Great Neck Road. Plats with more de-
tailed information are available in the Department of Planning.
'7
9. Letter from the City Manager recommending that City Council approve tfie
following Ordinances:
a) An Ordinance to amend and reordain Chapter 29, Section 29-1, of the
Code of the City of Virginia Beach pertaining to sewers and sewage
disposal.
b) An Ordinance to amend Chapter 37 of the Code of the City of Virginia
Beach pertaining to water supply, by adding thereto a new section
entitled "Connection Required".
10. Letter from the City Manager transmitting the recommendation of the
Planning Commission for approval of tlie request of Fred Poteet, on
behalf of the Christian Broadcasting Network, Inc., for the discontinuance,
closure and abandonment of a portion of Centerville Turnpike. (Kempsville
Borough)
11. Letter from the City Manager recommending that City Council approve an
Ordinance to amend and reordain Article IV of Chapter 18 of the Code of
the City of Virginia Beach, pertaining to Solicitation on Contributions.
12. Letter from the City Manager recommending that City Council defer the
application of Richard D. Croul & Assigns for a Conditional Use Permit
for a water slide for three weeks since the viewers considering the
Old Virginia Beach Road closure have requested a three week deferral.
13. Letter from the City Manager recommendi-ng that City Council defer the
application of Fine Investment Company, Inc. for closure of a portiqn
of Old Virginia Beach Road for three weeks as requested by Mr. Fine.
14. Letter from the City Manager recommending that City Council approve
a Resolution authorizing the City Manager and City Clerk to execute
a certain agreement relating to maintenance of a Iiighway improved under
the provisions of the Federal Highway Act as amended and supplemented
(Route 165 Princess Anne Road).
15. Letter from the City Manager reommmending that City Council approve a
transfer of funds from Reserve for Contingencies to Dredge Operations
in the Public Works Department in the amount of $10,600. Following the
transfer, the balance in the Reserve will be $24,384.
16. Letter from the City Manager recommending that in order to provide for the
orderly flow of traffic from the subdivision of Great Neck Farms to the
major roads bordering it, that improvements to the entire length of Eastern
Shore Road from Old Donation Parkway on the north to the southern property
line be required, in addition to the four items previously listed numbered
I thru 4. The need for the required road improver.,ents was substaintiated
by an administrative staff detailed origination and destination study.
17. Letter from tlie City Manager recommending that City Council approve standard
water and sew-er agreements for Subdivision of Parcels A and B (Bayside
Borough.
18. Letter from the City Manager recommending that City Council approve State-
Local liospitalization contract for
1975-76 1976-77
Community Mental Health
Center and Psychiatric
Institute $73.60 $90.01
As you are aware, the State pays 50% of the cost, with the municipality
paying the remaining 50%. It is further recommended that City Council
authorize the City Manager to execute the contract on behalf of the City.
19. Letter from the City Manager recommending that City Council approve the
request of Mr. V. A. Etheridge, City Treasurer, for tax refunds in the
amount of $3,626.84.
20. Letter from the City Manager recommending that City Council approve
the request of Mr. Ivan D. Mapp, Commissioner of the Revenue, for license
refunds in the amount of $25.
21. Letter from the City Manager recommending that City Council approve
the following Bingo/Raffle permits:
Boys Baseball of Lynnhaven, Inc.
Colonial Circle of Kingl@s Daughters.
Virginia Beach Assoc. of Educational Secretaries
Virginia Beach Borough Volunteer Fire Deaprtment
22. old business, deferred from tlie previous meeting, including any report
of the Mayor or committees nal@led by Council.
23. New business, including any presentations by Council Member, citizens,
and organizations.
24. Motion for adjournment.
MINUTES OF THE TIONORABLE CITY COUNCIL
OF THE
CITY OF VIRGINIA BEACII, VIRGINIA
February 7, 1977
The regular meeting of the Council of the City of Virginia Beach,
Virginia, was called to order by Mayor Clarence A. Holland, in the
Conference Room, in the Administration Building, Princess Anne
Borough, on-DIonday, February 7, 1977, at 1:00 p.m.
Council Members present: John A. Baum, Robert B. Cromwell, Jr.,
John R. Griffin, Mayor Clarence A. Holland, J. Henry @IcCoy, Jr.,
Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, Vice flayor
Patrick L. Standing, and Floyd E. Waterfield, Jr.
Council Members absent: George R. Ferrell
ITEM #10427
Mayor Holland bntertained a inotion to permit the Council to conduct
an informal discussion to be followed by an Executive Session fol-
the purpose of discussing the following:
1. Discussion or consideration of employment,
assignment, appointment, promotion, denotion,
salaries, discipline or resignation of public
officers, appointees or employees of any public
body.
2. Discussion or consideration of the condition,
acquisition or use of real property for public
purpose, or other disposition or publicly held
property.
3. Consultation with legal counsel and briefings
by staff members, consultants, or attorneys pertaining
to actual or potential litigation, or other legal
matters within the jurisdiction of the public body.
On motion by Vice llayor Standing, seconded by Councilman @IcCoy,
and by recorded vote as follows:
Ayes: Councilmen John A. Baum, Robert D. Cromwell, Jr., John R.
Griffin, Mayor Clarence A. Holland, J. ilenry IIcCoy, Jr., Council-
woman Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, Vice
Mayor Patrick L. Standing, and Floyd E. Waterfield, Jr.
@lays: None
Absent: Councilman George R. Ferrell
City Council voted to proceed into Executive Session following
the informal discussion.
ITEM #10428
@layor liolland stated, at the informal session, that last Thursday
night he, Councilmen Cromwell and Payne met with Ilr. Harry Frazier
to discuss Section 6.05:1 of the City Charter, Acts of General
Assembly of 1974, Chapter 596, regarding limitations for the
bonded indebtedness of the City, and to request information as to
how the City can best handle this matter.
Mr. Frazier stated that the terr-q "contractual obligations" i-neans
to him that once a contract has been signed then it becomes against
our bonding indebtedness rather than being able to spread it over a
three (3) year period as the City sells the bonds, which in this
case would prevent the City from doing what it has been doing for
the past 14 years.
After having met with our State Legislators, I,,Ir. Picl:ett in particular,
the City was requested to adopt a resolution requesting that the words
"contractual obligations" be deleted from its total indebtedness for
purposes of Charter limitations or indebtedness.
Mayor liolland stated that this matter will be brought up for adoption
in the formal session.
The City Manager stated that no other City in the Commonwealth in its
computation of its net debt to access value includes "unfunded con-
tractual obligations against this net debt", and that is what the City
is requesting the General Assembly to clarify.
ITEM #10429
.The City Manager informed Council that Mr. Clyde N. i@lerritt, Real Estate
Assessor, requested permission to appear before Council at the informal
meeting to give a brief description of the 1977 use values for
agriculture on the land use exemption policy.
Mr. Merritt stated that this year the City is deviating from ranges
of value recommended by the State Land Evaluation Advisory Committee
(SLEAC) for 1977.
SLEAC recommends $500 per Class III acre based upon net incorie
per acre per year of $46.27 capitalized at .0761 and adjusted
by soil index factor of 1.22. The City also recomriends $500
per Class III acre; however the City did not arrive at that figure
the way SLEAC did.
Mr. Merritts' office sampled some 3900 acres of warranted cash
rents, and arrived at a figure of between $45 to $60 per acre
per year, and feels that $45 per acre is a fair estimate of
economic rent per acre. Capitalizing net income of $45 at
.08846 a use value for Class III of $500 results.
Mr. Merritt further stated that the Soil capability of Class I is
such a miniinal amount and so dispersed within Class II, that, on the
recommendation of the United States Department of Agriculture (USDA),
it has been included with Class II.
According to USDA, there is no appreciable difference in productivity
of Class II and Class III. There is a difference in net return per
acre because of ditching cost, loss of productive land to ditching,
and differential cost of lime. Using USDA cost figures, the net
return per acre of Class I and II is 120% of Class III. Therefore,
it is recommed that it be $600 per Class I and II.
Due to the Wetlands Act, Class VII, Swamp, and Class VIII, Marsh,
are not changed. Owners of subject properties are limited in use,
and in the case of marsh cannot be altered. Therefore, 1976 values
are to be maintained.
Mr. Nierritt also informed Council that the basis for determining the
productive earning power of land devoted to forest is a combination
of many factors: soil type, average yields, planting costs, stumpage
prices, maximum economic rotation age and a capitalization rate.
The capitalization rate includes interest, property tax and risk
components. The interest and property tax components are the same
as those developed for agriculture use values. The risk component
of one and a half percent was added to compensate for possible loss
from fire, disease and insects.
1977 VALUES
RANGE OF VALUES AS RECOMMENDED 1976 USE SUGGESTED BY
BY SLEAC FOR 1977 -VALUES REAL ESTATE ASSESSOR
Agricultural & Horticulture
I. Excellent 760 540 600
II. Good 680 540 600
III. Average 500 450 500
VII. Swamp 80 30 30
VIII. Marsh 50 20 20
Forest
Excellent 260 -
Good 185 110 155
Fair 135 75 105
S ace
Golf Courses 1500 to 2000 1-500 to 2000
Percent of Increase in Land Use Assessments for 1977 Over 1976
No. of 1976 1977 Suggested Percent
Total Acres Parcels Use Assessment Use Assessment Increase
rm #1 359.507 6 131,896 147,596 11.90
rm #2 141.55 1 41,071 47,815 16.42
rm #3 11.255 1 4,045 4,592 13.52
rm #4 52.52 1 22,845 25,460 11.45
rm #5 14.846 1 5,031 5,573 10.77
rm #6 6.03 1 3,256 3,618 11.11
rm #7 21.91 5 8,262 9,331 12.94
rm #8 242.75 1 80,168 91,878 14.61
rm #9 11.35 1 5,108 5,675 11.11
rm #10 56 1 11,430 13,655 19.46
TAL 13.13
ITEM #10430
The City Manager stated that a resolution has been forwarded to
Council for possible adoption regarding House Bill 1610, entitled
"Law Enforcement Officers Procedural Guarantees." (A similar bill
to this was vetoed last year by Governor Godwin).
Councilwoman Oberndorf informed Council that she telephoned one of
the City's representatives regarding this matter. Delegate Barrow
informed Councilwoman of two points:
1. This Bill includes the pr.:)cedure that a
complaint can be addressed before it be-
comes a grievance.
2. The Legislators would be pleased to have
the second portion of Bill 1610 amended
to make it clearer and not overlap the
City's grievance policy.
Mayor Holland stated that the part of the resolution which bothers
him is: "The Hearing shall be conducted by a panel consisting of
three (3) or more impartial persons. Sueb panel members shall be
chosen by the Chief Executive Officer o:f the Law Enforcement Agency."
Mayor Holland stated he considered the ('ity's grievance policy far
better than that.
Councilman Griffin requested informatioii from the City Manager
regarding the City's hearing procedure; such as: does it permit
an employee an opportunity to present evidence, examine and cross-
examine witnesses and be represented by couiisel?
The City Manager informed Councilman Grffin that tlie grievance
procedure Council adopted for employees gives the employees better
protection of his/her rights than the proposed procedure.
City Council requested the City Manager to discuss this matter
with our representatives and report his findings back to Council
before the resolution is adopted.
ITEM #10431
The City Manager stated that Mr. George Powers, of Cox-Powers,
developers of Glendon Village have requested to place a suitable
landscaping plan at the site thereby modifying the berm requirement.
The City Manager further stated that Council indicated to Mr. Powers
that he should consult property owners in the area to get their
opinions and/or objections in this matter.
The City has been notified by Mr. Powers that the residents in the
area have no objection to the modified plan of landscaping design.
Alr- Hanbury also stated that this matter will be handled adminis-
tratively.
ITEM #10432
The City Manager stated that Great Neck Farm Subdivision will
be heard at the formal meeting, and presentations both pro and
con will be heard at that tinie.
ITEM #10433
At 2:00 p.m., City Council reconvened in the Council Chambers with
the following Members present:
John A. Baum, Robert B. Cromwell, Jr., John R. Griffin, Mayor
Clarence A. Holland, J. Ifenry McCoy, Jr., Meyera E. Oberndorf,
J. Curtis Payne, Roger L. Riggs, Vice Mayor Patrick L. Standing,
and Floyd E. Waterfield, Jr.
Council Members absent: George R. Ferrell
The invocation was given by the Chaplain R. Fenton Wicker, Jr.,
Oceana Naval Air Station Chapel, Virgin:La Beach, followed by
the Pledge of Allegiance.
ITEM #10434
On motion by Councilwoman Oberndorf, seconded by Councilman
Waterfield, and by recorded vote as fol-lows:
Ayes: Councilmen John A. Baum, Robert 13. Cromwell, Jr., John R.
Griffin, Mayor Clarence A. Holland, J. llenry McCoy, Jr., Council-
woman Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, Vice
Mayor Patrick L. Standing, and Floyd E. Waterfield, Jr.
Nays: None
Absent: Councilman George R. Ferrell
City Council voted to approve the minutes of the regular meeting
of January 24, 1977, and dispensed with the reading of said minutes
inasmuch as each Member had a copy of the subject minutes.
ITEM #10435
On motion by Councilman Griffin, seconde@d by Councilwoman Oberndorf,
and by recorded vote as follows:
Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., John R.
Griffin, Mayor Clarence A. Holland, J. Henry McCoy, Jr., Council-
woman Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, Vice
Mayor Patrick L. Standing, and Floyd E. Waterfield, Jr.
Nays: None
Absent: Councilman George R. Ferrell
City Council voted to adopt the following Proclamation proclaiming
the month of February as ARBOR MONTH, and the 21st day of February
as ARBOR DAY:
PROCLAMATION
WHEREAS, in an effort to beautily the City of virginia
Beach, Virginia, ten years ago the Beautification comriission
initiated a program of tree and shrub planting which includes
the planting of Crepe !Iyrtle trees, the City's official tree,
at public scliools, so that ultimately a grove will be created
at each school; and
1,MEPEAS, since that time the Conunission has instituted
many beautification,l?rograms throught the City which have
made a great impact on the appearance of our lovely City; and
WHEREAS, the success of these programs depends upon the
cooperation and interest of the residents of our City.
NOW, THEREFORr--, I, Clarence A. Holland, Mayor of the City
of Virginia Beach, do hereby proclaim the month of February as
ARBOR MONTH and the 2find day of February, 1977, as:
ARBOR DAY
in Virginia Beach, and Iurge the Beautification Commission and
Garden Clubs to continue in their exemplary efforts to beautify
the City. I further request that all citi--ens assist by planting
trees and shrubs during the month of February, 1977.
Dr.
Mayor, Cil@y of Virginia Beach, Virginia
ITEM @-10/136
City Council deferred consideration of the resolution regarding "Law
Enforcement Officers Procedural Guarani@ees".
ITEM #104L37
On motion by Councilwoman Oberndorf, SE@conded by Councilman McCoy,
and by recorded vote as follows:
Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., John R.
Griffin, Mayor Clarence A. Holland, J. Henry McCoy, Jr., Council-
woman Meyera E. Oberndorf, J. CUrtiS PZLyne, Roger L. Riggs, Vice
Mayor Patrick L. Standing, and Floyd E. Waterfield, Jr.
Nays: None
Absent: Councilman George R. Ferrell
City Council voted to approve on second reading the following
ordinance to accept $290,000 from the Southeastern Tidewater
Area Manpower Authority and to appropriate these funds:
AN ORDINANCE TO ACCEPT $290,000
FROM THE SOUTHEASTERN TIDEWATER
AREA MANPOWER AUTHORITY AND TO
APPROPRIATE THESE FUNDS
BE IT ORDAINED BY THE COUNCIL OF 'PHE CITY OF VIRGINIA BEACH,
VIRGINIA:
That the amount of $290,000 in grant funds from Southeastern
Tidewater Area Manpower Authority be accepte(i and appropriated for
purposes stipulated in the Comprehensive Emp.Loyment Training Act, Title VI.
This grant is 100% federal funds and no loca-.L match is required.
That this grant be accepted and al)propriated contingent upon
final approval from the Federal Department of Labor.
First Reading: January 24, 1977
Second Reading: February 7, 1977
Adopted by the Council of the City of Virginia Beach on the
7 day of February 1 1977.
ITEM #10438
Vice Mayor Patrick L. Standing informed Council that on December 20,
1976, Mayor Holland appointed a committee to evaluate, study, and
make recommendations concerning the Buck, Seifert Jost report on
Revenue Bond Financing and Determinatiop of Rate Schedules prepared
for the Department of Public Utilities, C ty f Virgini. Beach.
The Committee has accomplished the task assigned to it and does
submit its findings and recommendations.
Vice Mayor Standing further thanked the other members of the
Committee for their work on this Committee: Councilman John A.
Baum, @,lr. A. J. Chewning, III, Mr. H. 0. Erhard, Mr. Jerry
Harris and Mr. Garland Isdell.
Vice Mayor Standing stated that the Sewer and Water Committee
looked upon its initial task as one of complete familiarization
with reports concerning the utility system and specifically:
1. Existing plant
2. Proposed improvements
3. Existing financial condition
4. Existing and proposed rate schedules
During this process the Committee revieiwed the consultants report
on (1) Revenue Bond FinancinE and DeteMiination of Rate Schedules,
(2) the City of Virginia Beach Capitol.Improvement Program, (3)
City Financial Report, and numerous reports concerning s ecific
questions the Committee requested of various department heads and
consultants.
Using the data gathered from review of the various reports and the
interviews, the Committee was provided with an overall evaluation
of a utility system necessary to make specific recommendations.
The Committee reports the following observations:
Water
The backbone of the water system, that is, the large trunk mains
generally running down the Virginia Beach Boulevard Corridor are
inadequate to maintain minimum water pressure throughout the system
during periods of high consumption. As a result of low pressure in
widely dispersed areas of the City, a real and present health and
safety hazard exists from cross connections, line vacuum and in-
adequate pressure from fire fighting.
In terms of immediate danger to the public health, safety and welfare
the Committee recognizes the iriprovement to the water system as the
number one utility priority.
Sewer
Vice Mayor Standing stated that considerable piiblic discussion and
medial publicity has been given to sewage needs in Virginia Beach
in recent history. In terms of expansion needs to existing communities
and replacement where necessary the Comtnittee recognizes the present
and future needs of the sewage system. The Director of Public Health
has outlined areas that, because of lack of public sewers, pose a
health problem and we concur with his recommendations that immediate
attention be given these designated areas.
The Cor@imittee has also given considerable attention to the private
sewage systems in the City and concluded that these systems operating
outside of the City control prevent the operation of a coordinated,
economical system in the best interest of all citizens. The Committee
is of the opinion that the utility system of the City can never operate
with the economies of scale as long as over one half of the sewer
customers in the City are served by private utilities.
In an effort to formulate recommendations, the Comrrittee felt it
particularly relevant to examine the relationships between how the
system is operated as directed by city code and what problems are
imposed on the operation that have causal effects on the conditions
of the system. The Cotmnittee established the following primary reasons
for the condition of the utility system:
1. Low Rates - particularly sewer rates that have not
changed since before the merger with
Princess Anne County.
2. High Cost of Treated Water - because of its inability
to develop its own water source, the City
purchases water from Norfolk at $.48 21 cts/
thousand gallons and sells it to citizens
at $0.82 cts/thousiand gallons. When considering
volume discounts, loss of water tiarougla leaking
pipes and water used for fire protection, the
effective rate is substantially below the $0.82
cts/thousand rate
3. Line Fees - the fee charged to a property owner for
installation of sewer in recent contracts
has amounted to generally 20@O of project
cost thereby requiring a subsidy from tlie
remainder of the system to make up the
difference
4. Mandatory tap requirement - presently the City allows
three years for a property owner to hook-
up to sewer lines installed by the City and
then provides for a 25% down payment and
three years to pay the balance at 3% interest.
Vice Mayor Standing further stated that in a sincere effort to provide
utilities to many existing subdivisions, the City Council prevailed upon
many citizen leaders to circulate petitions and contracts for the in-
stallation of utilities in their communities. A substantial number
of communities returned signed contracts from property owners at a set
fee, not the prevailing fee as amended several times and in effect now.
Charter proposed bond limitations have prevented the City from proceeding
with construction of the utilities as provided in contracts with citizens.
Some of the contracts are now as much as four years old. In its failure
to construct projects as contracts were signed, inflation has now placed
an obligation on the City to construct $14,000,000 in City-citizen con-
tract type projects for a contract fee of $2,000,000 causing an immediate
$12,000,000 deficit in the utility funcls.
The Committee spent a major portion of the study period discussing
alternative means of financing the improvements to the utility system.
The Committee set early criteria that Virginia Beach would provide:
1. A system not in violation of the State Ilealth
Department regulations
2. Service at the minimum cost to the citizen user
3. A self-supportive utility fqnd that would not impose
a tax burden on non-users of the system, that is, income
The Committee discussed in great detail the following methods of
financing utility improvements:
1. Revenue ]3onds
2. General Obligation Bonds
3. Referendum approved General Obligation
Bonds i.e. (Double Barrel !3onds)
4. Revenue Sharing
5. Community Development Funds (Federal)
6. Public Works Program (Federal)
7. General Fund Surplus
8. General tax increase
in addition to the various means of financing utility capital
improvements, the Committee discussed the mechanics of (1) special
referendum, (2) a referendum to be held concurrent with the
Democratic primary in June and (3) the next general election in
November.
The Committee offered the following recommendations for action by
the City Council:
1. In order to meet the urgent needs of the Pubilc
Utility System, City Council authorize in Februrary
1977 the sale of $3 Million in General Obligation
Bonds, to be repaid by a $9.1 Million Revenue Bond
issue to be authorized in April 1977. Such funds
will continue Water and Sewer construction through
the year 1977.
2. Take action necessary to have the Citizens of the
City vote on November 8, 1977 for the removal of
the present limitation for the issuance of only
$10 Million in General Obligation Bonds in any
year, leaving the 107@ limitation in effect
3. Take action necessary to have the Citizens of the
City vote on November 8, 1977 for the approval of
$39.9 Million in Revenue Bonds conforming to Article
Seven, Section Ten of the Constitution ("Double-
Barrel" Bonds) calling for the repayment of such bonds
from revenues of the Utility System.
4. Adopt rates for water and sewage service so that the
Utility System will have funds to pay for operating
expenses and debt service from revenues.
5. Immediately take action to establish the following rates
for water and sewer service as indicated, with no change
in line fees, tap fees, service fees and other charges:
Water:
Consumption, Bi- hl Rate
0 - 30,000 gallons $0.90/1000 gallons
30,000 - 300,000 gallons $0.88/1000 gallons
300,000 - up $0.85/1000 gallons
No other changes recommended
Sewer:
Category Bi-Monthly
I Residential
(a) Single Family $10.00
(b) Multi-Family
First Unit 10.00
Each additional unit 7.50
II Commercial & Industrial
(a) Hotel, Motel
First Unit $10.00
Each Additional Unit 4.00
Other proportional to above
No other changes recommended
These rates shall be considered as interim rates
until such time as final rect)mmendations can be
made for rates necessary to support the entire
$49 Million program. The interim rates are
necessary to support the $9.1 Million Bonds
recommended.
6. Adopt ordinances requiring all structures to connect
to the respective water and sewer system when such
systems are available within one year of such avail-
ability. Such ordinances should stipulate that if a
health hazard exists, the time for connection shall be
sixty (60) days.
7. The City Council appoint an Advisory Committee of not
more than five citizens not connected with the City
Government to be known as the "PUBLIC UTILITIES COMMITTEE"
for the purpose of:
(a) Making recommendations to Council on equitable rates
for water and sewer service, including a study of gallonage
rate for sewer charges.
(b) Making recommendations f@or and review of policies
pertaining to extension of utilities.
(c) Keeping the Citizens informed as to the need for
improvement of the utility system and the necessity
for a referendum.
8. Take action necessary to acquire all private utility
systems by the City in a manner that will be self-
supporting from revenues from the systems.
9. Adopt the necessary ordinances to control the use of
water during periods of anticipated high use in order
to conserve water for human needs.
10. Expand the existing program to investigate the
utility system for unauthorized and illegal connections
and code violations.
Vice Mayor Standing stated in closing that the Committee wished to
add a note of caution by strongly recor4mending that the City comply
with the laws and regulations of the Commonwealth as well as its own
ordinances. If the people do not approve the recommended program, then
the City will have no choice in the majority of the program as it is
required by law. In such an event, City Council will have no alternative
b,at to construct the necessary facilities using whatever financing is
available to them such as higher cost revenue bonds or a "pay-as-you-go'!
program financed by a general tax increase. To use the pi-esent $10
Million annual Bond Authc)rization for water and sewer only and to
neglect the other needs of the City, is unrealistic.
After considerable discussion regarding this report, Councilman Riggs
made a motion, seconded by Councilwoman Oberndorf, to hold a public
hearing on @londay, February 28, 1977, for the purpose of allowing tlie
public to voice their opinions as to the report, and further requested
the City Attorney to prepare two ordinances for water and sewer rates.
The recorded vote is as follows:
Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., John R. Griffin,
Mayor Clarence A. Holland, J. Henry McCoy, Jr., Councilwoman Meyera E.
Oberndorf, J. Curtis Payne, Roger L. Riggs, Vice Mayor Patrick
Standing, and Floyd E. Waterfield, Jr.
Nays: None
Absent: Councilman George R. Ferrell
City Council voted to accept the report from the Sewer and Water
give thei@ vi.ws on the repo@t and also tl,, ordin,nlls regarding the
rat.s f.r water and sewer.
Mayor Ilolland also req.ested th. City rl,,ag,r t@ ,e that several
coPies of this eport are placed in each library for public use.
ITE@f @'10439
The City Clerk read th- following Pub1s.@ Notice:
Notice is hereon given that the City CO--cil of the City of Virgi.ia
Beach, Virginia, will on February 7, 1077, at 2:00 p.m., M.nday hear
the following Subdivision Varian,e:
Appeals from Deci.i.ns of Administrativ,
Officer@ in egard to @rtai. el,@,nts @f
th@ Subdi@isi.n O,di.anco, Subdi@isi.n f.,
Gr.at Neck Farm.. Pr.perty 1.@ated n the
South id@ -f Old Do.@tion Park@ay, 1400
feet ..re r le.s E.St 01 North Great Neck
Road. Plat- with more dot@iled i.formation
ar. available in th. Departm.nt f Planni.g.
Persons ,ho wish to app@ar in favor f or opposed to this matter may
register with the Offi@ f the City Cl.rk on Wedne.day, Febr.ary 2,
1977, before 5:00 p.m. (427-4304), or r@gister at th, Clerlc'l D,,k
prior to the meeti.g.
The City Clerk then read the followilg lett,, fr.m the City Manager:
on Jan.ary 10, 1.977, 1 @fo@m.d tl@@ COU@cil of my inte@t t.
i cam .. ision to gr.nt t, @d,ini@trative
by tl,e Plan,,it@,
aPpeal unde, Sectio@, 9.4 of tlic S,,bdivision Or,linanc@ a dcisicn
requirements regarding street impr@,@,,@lt- a@id right-ol-way
dedication in the Greit klec)@ @ubdi@ision. This inatter
has no,, been Properly adverti.@ed.
Great Ne@l, Fams is a p,opos@d sul@flivisi.n of approxinat.ly
355 lots on 148 acres. The oni,ig is P,-5. It lies in the gencral
part of the Ci-ty bounded by Old I)onatic,@, ll,,r]@ii.y on th- r@orth,
Wolfsnare Roal on tl,. south, G,Cat l@ecl@ Ro,,d on the west, Ind
rirst c.ionial Ro@d on th@ @ast. The Lubdi@ision of I%Icllingto.
Woods is adj.c@nt o@ tl,, ,,,t, @nd Clo@cest.r Village is
a,ijace.t o@l the soutli.
During revie,, of thi, ,ubdi,j.si,,, tl,o almini.strative staff
requir.d ti,e follo,,:@,g in rcg,rd t- L,,st,rn Sh@r, 11.@d, whicli
runs along th@ -aste,n pr.l@erty line:
1. A dedi,@tion of 15 f..t of rigi@t-of-w-Y -long the
existi,ig riglit-of-,,.y. Thi. road is prsently
unimprov.d, with a @idth of 30 f-t.
2. Curb, gutt-1, a@d sid@,..,@lk @,lo,,, the wo.t@rn side of
the Proposed stre@t.
3. 20 feet of p.ved roadway.
4. All ccessary fill mat@ri@l.
We agre.cl to re@omme@ld to City Council that the City P@rticipate
in beari,,g th. @st of the drainag@ c@llerts t th, @lutl,@r@ end
of E.St@rn Shore R.id b@ti,@on tl,is suhlivi-ion nd Glouc@--tor
Vill.ge. D@ring ti,@ elill If till Cl-u@e@ter Villag@ subdivi,i,,,
the developer w-s required t- place the improvement @osts for
raster. Shor. R.ad in escro,, up to th. Irainage ditch.
On December 14, 1976, tl@e Pl.n.i.g c..missi.n granted
varianc. to this requircm.iit to the extc.it that thos. improvements
to Ba.terii Shor. Rold lctw@en 17ild,@,o.d Driv@ and Old Do@.tion
P,irki.,ay w@re cts@ived. I.pr.vement@- t. E@tern Sl,or, n,ad frl,
Wild,,.od Drive ..utli to tlie so@th@rn property ii.@ @r@ still
a requirem@.t.
In erd@r to just-.il-y this rcquir,.,,ent fo, full improvcment,
th@ d@nini-@tr@tiv@ rt-@@f P@@for"@d a dtlil.,,d origin.tion lid
d@sti,,z,tio@ @tudy of trc,f'ic i,, thi@ @,rea, to d@ternin.
tilO lik-IY 1-@@l of traffic n the pl@ilo@;@d L.--ten Sl,ore Road.
'fl)i. @tud@, t]"It tl'C @-P'CtCd I VI@l, O@ i.@!@t@17n S]IOre
Jl,o.d aft@r il,e @.p@Ilti.y, of Ll,e Grc-,t '10@k F@,, rubdi,i,i,@ .,ill
b@ ippro.i.atol,,, 2,6(,7 trir@,s pcr d.l,, nd that ppro.im.t@ly
1,720 tri,,. l,er d,,@, ,ill b@ witi,in the s,,@,divisi.n.
I f@c@l tilat this of traffi@ i@ . tro@g j.@tifi.cation for
co,@-f.rt@@tion Iy t]@@ dvololxr of r@q,ir,,,i in
whi-I. p@edict@ diffl@r-nt t'-ffic I f@el tliat tlic
staff study i. a@i -f futu@c co@ditio.s.
It 's 'y tillt ill @ldl, to Pr.vide '0@ ord@rly
flOw Of traffi- fro;, this sub,livisio@, to the @aj.'r roads
borderii)g it, t- tllc c@ti@ l@ngtll of Eastern
Sl@ore ll..d from 010 ]@n@tio-, Pcrk,,z@@, n tij@ Ortl, to tl,,
souther@i property ii.@ be rcquir.d.
Mr. Douglag Talb.t, Talb.t and As..ci.tes, ppeared in oppo.ition
to thi. prop.sed Subdi@isio. V.rian@..
Mr. Gr.dy K.lb app.a@ed i. ppositi.. to thi. att.r.
After co..iderabl. dis.us.ion, C .... ilma. G@iffin made a moti.n to
app.int vi.@ers f.r . str..t closure of Long B@idge L..e - N.rth
of Easter. Shor. Ro.d, sec.nded by Councilm.n McC.y, and by record.d
vote s foll..s:
Ayes: Councilmen Joh. A. Baum, Robert B. Crom@ell, Jr., John R.
Griffi., Alayor Claren.e A. Iioll.nd, J. Henry II.C.y, Jr., Council-
@.man Meye@a E. Oberndorf, J. Curtis Payne, Rog.r L. Riggs, Vice
Mayor Patrick L. Standing, and Floyd E. Waterfield, Jr.
Nays: None
Absent: Cou.cilman George R. Ferr.11
City Council voted t. approv. the abov. motion t. appoint vie@ers
for a street cl..u@e of L.ng Bridge Lane - N.rth of Eastern Shore
Road.
ITLIM #10439(a)
COUNCIL@IAN CROMWELL LEFT CIIAMBERS
On motio. by Coun.il.an Griffin, s..O.ded by Councilm@. Riggs, and
by r.@orded vote as f.Ilo.s:
Ayes: C.uncil.. John A. Baum, J.h. R. Gtiffin, @lay.r Clare.@e A.
H.1l.nd, J. Henry McCoy, Jr., Council@.man M.ye@a E. Oberndorf, J.
Curtis Payne, Roger L. Riggs, Vice Alayor Patrick L. St..ding, and
Floyd E. Wterfi.1d, Jr.
Nays: N.ne
Absent: C.uncilmen Robert B. Crom@.11, Jr., ..d Ge.rge R. Ferrell
City C.uncil @.ted to defer ind.finitely viewe@s repart on the
proposed closing of Long Bridge Lane - north f Easter. Shore
Road and improvements to the etire l.ngth of Eastern Sh.re Road
from Old Don.tion Park@ay on the north to the southern property
line.
ITEM #10440
The City Clerk r.ad the foll.@ing letter f@om th. City Ma.ag.r
As Council is aware, current policy calls for a three-
year mandatory hook-up for sewer and no andatory hook-up
for water. In its i.itial report presented to City Cou.cil
on December 13, 1976,.however, the Water and Sewer Utility
Rates Study Co=ission r@comended that Vlrgi.ia Beach
residents be r.quired to co.nect to City water and/or sewer
service within one year after availability of such service(s).
The Council agr.ed with this proposal and requested that
appropriate ordinances detailing this policy be dra@
The first ordinance attached requires hook-up to th. City
sewer system within one year after availability of service, or,
in the case of a health hazard as identified by the Director
of Public Health, sixty days.
ITEM #10441
On motion by Vice Mayor Standing, seconded by Councilman Daum, and
bY recorded vote as follows:
Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., John R.
Griffin, Mayor Clarence A. Holland, Councilwoman DIeyera E.
Oberndorf, J. Curtis Payne, Roger L. Riggs, Vice Mayor Patrick L.
Standing, and Floyd E. Waterfield, Jr.
Nays: Councilman J. Henry McCoy, Jr.
Absent: Councilman George R. Perrell
CitY Council voted to approve the following ordinance to amend and
reordain Chapter 37 of the Code of the City of Virginia Beach,
Virginia, pertaining to Water _-.-@nd By Adding Thereto A New
Section Entitled "Connec ion R
AN ORDINANCE TO AMEND CHAPTAR 37 OF THE
CODE OF THE CITY OF VIRGINIA BEACH, VIRGINIA,
PERTAINING TO WATER SUPPLY, BY ADDING THERETO
A NEW SECTION ENTITLED "CONNIECTION REQUIRED"
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That Chapter 37 of the Code of the City of Virginia Beach, Virginia, is
hereby amended by adding thereto a new section, as follows:
Connection required:
The owner of any dwelling or other building in which human beings live or
congregate shall, whenever a public water line hereafter is made available by the
City, connect such building or dwelling with such water line, within one (1) year
after such line becomes available. Date of availability shall be that on which
notice is given by publication or by mailing or delivering notice to the affected
property. However, the director of public health may require connection within
sixty (60) days if, in his opinion, a health hazard exists.
If, at the time of enactment of this ordinance, a water line is already
in ground and capable of serving any property as defined above, then the owner
shall effect a connection thereto within one (1) year of the effective date of
this ordinance. However, the director of public health may require connection
within sixty (60) days if, in his opinion, a hoalth hazard exists.
It shall be unlawful for any person to occupy, lease or rent any premises
in violation of this section. Each day of occupancy or use of any premises in vio-
lation of this section shall constitute a separate and distinct offense.
This ordinance shall be effective upon the date of its adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
7 day of February 1977.
If at the time of enactment of this ordinance public sewer
service is available, then the individual shall effect a
connection within three years of the da,te the service first
became available, or within one year of the effective date of
this ordinance, whichever shall be earlier. I concur with this
proposal and recommend that it be adopted and made effective
irmediately.
The second ordinance attached requites connection to the City
water system within one year of servic6 availability, or, within
sixty days if the Director of Public Health has stated that a
health hazard exists. This, too, is'recommended for your
approval and immediate enactment.
COUNCILMAN CROMWELL RETURNED TO CIIAMBERS
Mr. John R. Rushing appeared in opposition to the proposed ordinance
Mrs. Charleen Bateman was to appear however an emergency arose and
Mrs. Bateman had to leave.
On motion by Vice Mayor Standing, seconded by Councilman Payne, and
by recorded vote as follows:
Ayes: Councilmen John A. Baum, Robert 3. Cromwell, Jr., John R.
Griffin, Mayor Clarence A. Holland, J. aenry McCoy, Jr., Council-
woman Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, Vice
Mayor Patrick L. Standing, and Floyd E. Waterfield, Jr.
Nays: None
Absent: Councilman George R. Ferrell
City Council voted to approve the following ordinance to amend and
reordain Chapter 29, Section 29-1 of thq Code of the City of Virginia
Beach, Virginia, pertaining to Sewers a4d Sewage Disposal,
I
AN ORDINANCE TO AMEND AND REORDAIN CHAPTER 29,
SECTION 29-1, OF THE CODE OF THE CITY OF VIRGINIA
BEACH, VIRGINIA, PERTAINING TO SEWERS AND SEWAGE
DISPOSAL.
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That Chapter 29, Section 29-1, of the Code of the City of Virginia Beach,
Virginia, is hereby amended and reordained as follows:
Section 29-1. Connection required.
The owner of any dwelling or other building in which human beings live or
congregate shall, whenever a public sewer system shall hereafter be made available
by the City, connect such dwelling or building with such public sewer line within
one (1) year after such line becomesavaila ble. Date of availability shall be that
on which notice is given by publication or by mailing or delivering notice to the
affected property. However, the director of poblic health may require connection
within sixty (60) days if, in his opinion, a haalth hazard exists.
If, at the time of enactment of this ordinance, public sewer service is
Presently available to any property as defined above, then the owner shall effect
a connection thereto either within three (3) years of the date sewer service became
available or within one (1) year of the effective date of this ordinance, whichever
shall be the earlier. However, the director of public health may require connection
within sixty (60) days if, in his opinion, a health hazard exists.
It shall be unlawful for any person to empty any sewage or industrial
waste into any well, septic tank, open stream or waterway, upon any other land or
water, or into any non-certificated sewer service, at any time after connection to
the public sewer system as required by this section.
It shall be unlawful for any person to occupy, lease or rent any premises
in violation of this section. Each day of occupancy or use of any premises in vio-
lation of this section shall constitute a separate and distinct offense.
This ordinance shall be effective upon the date of its adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
7 day of 1977.
AB/cj
211177
ITEM #10442
@ir. Robert I. Smith, resident of the Ctesapeake Beach area of Virginia
Beach, appeared before Council to speak in opposition to the proposed
construction of buildings and bulkheads at Chesapeake Beach.
Mr. Smith stated that dunes act as barriers against storms, tides
and waves; prevent storm waters from flooding the interior area
and further reduces the action of on-shore winds which would erode
more of the interior of the coast if these barriers were not present.
The construction of the bulkhead in question would not only upset
the beaches equilibrium, but also the cutting off of the sand dunes
from the current along is a potential danger to the property south
of the dunes.
Mr. Smith further stated that it is feared that houses built west
of the Chesapeake Bay Bridge will be cc)nstructed in a similar manner
as those east of the Bridge Tunnel.
Houses built east of the Bridge Tunnel along Ocean View Avenue are
built very close together; so close that on several occasions variances
had to be issued to allow such construction.
If a fire should occur at one house a liumber of houses would be
lost, not the mention the possibility of the loss of human life.
Mr. Allen Jones, Jr. a resident of Chesiapeake Beach, appeared
before Council regarding the proposed construction. Mr. Jones
stated that his house has the distinction of being built on
the lowest part of the beach (4-feet below the flood plain).
The section of the beach that Mr. Jones resides faces north, not
like the oceanfront, so the prevailing winds of the northwest,
at approximately 15 to 25 knots, moves the sand in drifts. And the
first row of drifts are called the berm. The berm along there
is a section of Ocean View Avenue.
Mr. Jories stated two reasons for his concern:
1. If that street right-of-way
is disturbed the sand will move
2. If the sand is allowed to get
pushed out and lowered because of
the highway going through there,
water can come throiigli.
Mr. Jones stated that if approval is granted for construction of
the highway please require an early stat)ilization of the sand
(such as placing clay, or some other material, on the sand to
hold it down so it will not blow around.
Mr. Webbon read the following petition from residents in the
Chesapeake Beach area:
WE, THE UNDERSIGNED, RESIDENTS, HOME-OWNE@ AND TAXPAY@ OF
T'iIS CITY, RESIDING IN THE BAYSIDE BOPOUGII AIID THE AREA KNOWN
AS CHESAPEAKE BEACH, RESPECTFULLY REQUES,.N A HEARING, REPRESENTED
BY SIX OF OUR NUYIBER, TO P.1,ESENT OUR VI@aS WITH =PECT TO THE
PROBLrM DESCRIBED BELOW:
On January 10, 1977, thero was presented to the Council by a
Mr. Bruce @lills, the o;qner of cor-@a'@n undeveloped residcntial
property, ly@ west of tho Bay B,-id-O Tunnel and fronting on
the Bay north of the yet undeveloped section of Ocean View Avenue,
an appeal from a decision made by the City Engineer regarding the
heighL- of a bulkhead Mr. Mills proposed to erect on the Bay side
The beach front of this property involved in the appeal has beon
enjoyed by the public for many years although at the will of tho
ownors. Tbere has been no effort by owners to Prevent the estab-
lishment of a public right of viay ovor this p.-oporty. We believe
this fact has established the publio right to permanent use of
this beach area for recreatio.-al pu.-poses as iiell as on othel-
beach areas under similar conditio.@ . We bolievo the time has
coma for Council to take a dofinite stand regarding the preservation
of the reriain@ beach areas of both the Bay and Ocean fronts for
the permanent use of the citizens and residents of Virginia Beach.
Removal of our beautiful beachos @-rom public use has proceoded
rapidly during the recent months and years. Ownership of much
of 4-he beach areas above high water has passed in-uo the hands of
indivi(itial.,3 or- corpor&tlons -?or theii,- p,-ivate u@,e or comraercial
dovelopment. We see no reason for allowing a few persons to
permanently enjoy and capitalize on the beaul-y of the irr6placcable
beaches. One of the greatest tra.medies of our lifetimes has been
the failure of the Commoniiealth of Vir-inia to periaanenl,-Iy oiisura
to the citizens of the Commoniioalth the use of our beach and
shore lines, althouo.-h this has been done in some of our other 49
statos. There Is still time, hoiiover, for tbe citizens and taxpay-
ers of Virginia Beach to remedy this situation; at least in part,
and to put a stop to further encroachment on our beach areas.
For the reasons stated we respectfully request that the Council
4leny '@he right of the appellant to develop the land as proposed.
We further request that the Council give serious consideration to
the conde-@ination of all presently privately owned but undevel-
oped property adjoining our Bay and Ocean fronts and compensate
these owners so that it may be open to the use of all citizens.
Mr. Bruce B. Mills, one of the property owners, appeared before
Council regarding this matter. Mr. Mills stated he wished to "set
the record straight" that he is not the developer of the property,
but one of the owners of the property.
As far as the requirement of bulkheading that is one of the City's
requirements and if the City wished to waive the requirement
to bulkhead the property they would be atore than happy to comply.
b,lr. Mills stated that if the dunes have to be disturbed it would
only be the northern 20 feet, which would leave a balance of 50
feet undisturbed.
Mr. Mills further stated that the homeowners directly behind his lot
annually bulldoze the dunes down. The ('ity has also bulldozed the
dunes for drainage pipes.
Mr. Mills also informed Council that it is not his intention to
disturb the sand dunes to endanger the property in the back of
the dunes.
Mrs. Janet Meads also appeared regarding, this matter and spoke
in opposition to this.
Council informed the persons that appeared in opposition that this
will be heard on February 28, 1977, at 2:00 p.m.
ITEM #10443
Application of Fred Poteet for The Christian Broadcasting Network, Inc., for
the discontinuance, closure and abandonment of a portion of Centerville
Turnpike located on the South side of Indian River Road beginning at a poiht
1100 feet more or less East oF Interstate 64, running a distance of 300 feet
along the South side of Indian River Road, running a distance of 91.78 feet
in a Westerly direction, running around a curve in a South@@iesterly direction
a distance of 2775.76 feet more or less, running a distance of 312.547 feet
in a Westerly direction, running a distance of 1022 feet niore or less along
the East side of Interstate 64, running a distance of 2002 feet more or less
in a Northeasterly direction and running a distance of 97.186 feet in a
Northwesterly direction. Said parcel contains 10.933 acres. KEMPSVILLE
BOROUGH. I
Planning Commission Recommendation:
A motion was passed unanimously by the Planning Commission by a recorded vote
of 13 to approve this request subject to the following condition:
The requested street closure will not be effective until at least
two (2) lanes of the relocated Centerville Turnpike have been con-
structed and are operable. At all times the City requires an ad-
equate paved roadway for thru-traffic.
on motion by Councilman McCoy, secondeci by Councilman Cromwell,
and by recorded vote as follows:
Ayes: Councilmen Robert B. Cromwell, ir., John R. Griffin, Mayor
Clarence A. Holland, J. Ilenry @Iccoy, Jr., j. Curtis Payne, Roger
L. Riggs, and Floyd E. Waterfield, Jr.
Nays: Councilman John A. Baum, Counci'@Lwoman @ileyera E. Oberndorf,
and Vice Mayor Patrick L. Standing
Absent: Councilman George R. Ferrell
City Council voted to approve the following ordinance for the
closure, discontinuance and abandonment of a portion of Centerville
TurnPike
ITEII #10444
Mr. Robert D. Yates, Sr., representing Betty Benson Fund Raising
Candies, appeared regarding this ordinance.
@4rs. Janice Coradi appeared in favor.
Councilwoman Oberndorf made a motion, seconded by Councilman Riggs,
to approve the ordinance to amend and reordain Article IV
of Chapter 18 of the Code of the City of Virginia Beach, Virginia,
pertaining to Solicitation of Contributions; with the stipulation
that the City Attorney bring it back before Council on February 28,
1977 in a simplified form. The recorded vote is as follows:
Ayes: Councilmen John A. Baum, Mayor Clarence A. Holland, Council-
woman Meyera E. Oberndorf, Roger L. Riggs, and Vice Mayor Patrick L.
Standing
Nays: Councilmen Robert B. Cromwell, Jr., John R. Griffin, J.
Henry McCoy, Jr., J. Curtis Payne, and Floyd E. Waterfield, Jr.
Absent: Councilman George R. Ferrell
Due to a tie vote the above motion to amend and reordain Article
IV of Chapter 18 of the Code of the City of Virginia Beach, Virginia,
pertaining to Solicitation of Contributions; however, the City
Attorney was directed to bring this ordinance back before Council
on February 28, 1977 in a simplified fcrm.
A copy of the ordinance as proposed is available in the City Clerk's
Office, pending submission of the condensed form.
ii.Lil.1 @IU'i'-LJ
Application of Richard D. Croul and Assiqns for a Conditional Use Permit
for recreational facilities of an outdoor natui-e ( ater slidl on cer a@in
property located at tlie Northeast corner of 21st Street and Parks Avenue,
running a distance of 430 feet more or less along the Nol-th side of 21st
Street, running a distance of 290 feet niore oi- less along the tqest side of
Cypress Avenue, ruiining a distance of 450 feet niore or less along the
Soutli side of 22nd Street ind ruiiniiig a distancc, of 380 fect more or less
along the 14estern property Iiiie. Said parcel coiitains 2.75 acres niore or
:s BOROUGH.
le s VIRG1141A BEACH
Planning Commission Reconimendation:
A motion vias passed unanimously by the Planning Coffmission by a recorded
yote of 12 tq @eny.,@bis request a@ it is. incoiapati.ble, witli the. surrounding.
area.
Mr. Ashton Pully, Attorney, appeared before Council regarding this
matter.
On motion by Vice Mayor Standing, seconded by Councilman Riggs, and
by recorded vote as follows:
Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., John R.
Griffin, Mayor Clarence A. Holland, J. Henry McCoy, Jr., Council-
woman Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, Vice
Mayor Patrick L. Standing, and Floyd E. Waterfield, Jr.
Nays: None
Absent: Councilman George R. Ferrell
City Council voted to defer until March 7, 1977 the above application
of Richard D. Croul and Assigns for a Conditional Use Permit for rec-
reational facilities of an outdoor nature ertain pro-
perty located at the Northeast corner of 21st Street and Parks Avenue,
running a distance of 430 feet more or less along the North side of
21st Street, running a distance of 290 feet more or less along the
West side of Cypress Avenue, running a distance of 450 feet more or
less along the South side of 22nd Street and running a distance of
380 feet more or less along the Western property line. Said parcel
contains 2.75 acres more or less. Virginia Beach Borough.
ITEM #10446
On motion by Vice Mayor Standing, seconded by Councilman Riggs,
and by recorded vote as follows:
Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., John R.
Griffin, Mayor Clarence A. @@lolland, J. Henry McCoy, Jr., Council-
woman Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, Vice
Mayor Patrick L. Standing, and Floyd E. Waterfield, Jr.
Nays: None
Absent: Councilman George R. Ferrell
City Council voted to defer until March 7, 1977 the following
ordinance closing, vacating and discontinuing certain streets
and portions of streets in the Virginia Beach Borough of the
City of Virginia Beach, Virginia:
ORDI@@ANCE NO.
IN THE IIATTER OF CI,OSING, V@C@TIMG, AND
DISCONTINUING A l'ORTION OF TI'AT (--ERTATN
STREET OF VARIABLE WIDTH A@,' CFI@TERVILLE
TURNPIKE, LOCATED IN THE KEIIPSVIILE BOROUGII
OF TliE CITY OF VIRGINIA BEACH, VIRGTNIA, AS
SHO@,!.@' ON @'@IATCERTAIN PI,A'I' ENTITLEI),"I'LAT
SliOl,IING A DORTION OF CENTF,,RVILLE TURT@P-l-KE
TO BE CLOSED BETWEEN INDTAN RIV@@R ROI@D AND
IN'TERSTAq'E 64 l'OR TIIE CHRI,;TTAI@ BROAF)CASTI@IG
NE@qORK, INC., KEMPSVII,LE BOROT;@il - VIRGINTA
BEACH, VIRGINIA", L@ITICH PLAT IS RECOT@DED IN
TIIE CLERK'S OFICE OF THE CIRCUIT COUJ'T OF THE
CITY OF VIRGINIA BEACH, VIRGINIA, IN
@IAP BOOK , AT PAGE
1,HiEREAS, it appearing by affidavit that proper
notice has been given by The Christian Broadcasting
Netviork, Inc., that it would iiiake application to the
Council of the City of Virginia Beach, Virginia, on
February 7, 1977, to have the hereinafter described street
discontinued, closed, and vacated; and
WHEREAS, it is the judgment of the Council that
said street be discontinued, closed, and vacated;
NOW, THEREFORE,
SECTION I
BE IT ORDAINED by the Council of the City of
Virginia Beach, Vi.rginia, that the hereinafter described
street be disconti.nued, closed, and vacated:
Centerville TurnpikE, begirining at a point on
the southern right of way of said street,
which point is located at the soutlleastern
intersection Of Centerville Turnpil@e aild
Indi.an River Road, and from sai.d poillt C)f
beginning running along the soiithernmost
ipd r,@-@f said CeDtervill-e Turnp-i.ke
--- @@39' .16 " @!a (iistzinc,-c of 91.78 feet
tc) a Point; and thence along a ciirve to tlie
righ-, having a radius of 1205.92 feet, a, arc
distance of 854.38 foet to a point; thence
Sc)utli 74@ 26' 37" I,,lc2st a (Ii-sLince of 464.51 feet
to a poirit; tliencc@ zil-ong El curve to t)lc-- left liav-
ing a radius of 1J-05.3,i f@cel, aii arc distance c)f
1220.00 fc@ct to z, point, Nortli P,3@ 52' 09"
V7est a distance of 311.48 fcet to a point in the
eastern ri.ghti of i@@ay of i.nte,,cst,,,tc, 64; and thet@ce
along setid eastern right of way alonq a curve to
tile left bzivi-ng a reldius (-)f 5804.58 fee!t, an are
distance r)f 1021.76 fe(@t tO a@ p(Dint ir) the north-
ern right of way of C'entQ!rville Turii)j-'i-l:e; and
thence along said iiorthe@.-n right of way
North 74@ 26' 37" East a distai-Ice of 95G.23 feet-
to a point; thence along a curve to tlie, Left
havi.ng a radius of 1045.5)2 fec-@t, an ii--c distance
of 695.38 feet to a point; thence NDrth 5@ 38' 56"
West 97.02 feet to iLi point in tile --Ou-Illern right
c)f way of Indian river Rc)Eid, the sou@111,7e-sterli
intersc,ct-iozi of Ccntervil3.(,- Ttrnpi)@e and Indian
River Roacl; and thc@ncc@ aloii@j tbe s@iid sou',-hern -
right of @.;,niy of Incli.an Ilivc@:c IZoi3d 60@ 03' 22"
East a distance of 300 f4@c,.t to thc-@ cif
beginning. (Porti.on to b@2 vacated is des-@Lgnatecl
as 10.933 acr(is oii the b4@loi.; dc.,scribecl pl-at.)
Said parcel of land being a portion of Centerville Turnpike
as indicated on that certai-n plat of property to be vacated
along existing Centerville Turnnile for The Christian
Broadcasting Networl@, Inc., wliicii plat is recorded in tlie
Clerk's Office of t'le Circuit Cc,urt of the City of Virginia
Beach, Virginia, in Map Book at page
and which is itiade a part hereof by reference.
SECTION I.I
This order shall be in el-fect from the date of its
passage.
Approval of this shall be subject to tile following:
1. The requested street closure will not be
effective until at least two (2) lanes of the
relocated Centerville Turnpike have been con-
structed and are operable.
2. At all tiines the City requires an adeqtlate
paved roadway for thru-traffic.
-2-
AN OPDINANCE CL@DSINC,, VP.CATING AND
DISCOiNTI,'7tJl,iG Cf'TTiAIN SJ'@rTS AND
'POR'i'IOi\'S OF Si',Zt@'ETS IN VIRGINIA
BEACII BOROUGII, CITY OF VIIZGINIA
"--GINIA
WliEllrAS, proper iiotice that: F. Properticll-s Incorporated of
Norfolk, Virginia, would make ar)plication to the City Council of
the City of Virginia Beach, Virginia, to have the hereinaftcr
described streets and portions of streets lying in the block
bounded by Par;cs Avenue, 22nd Street, Cypress Avenue and 21st
Street in Virginia Beacil Borough, Virginia Beach, Virginia,
closed, vacated and discontinued as public streets of the City
of Virginia Beach; and
WHEREAS, notice was duly posted in accordance with Section
15.1-346, Code of Virginia of 1950, as amended; and
WHEREAS, the land proprietors affected tllereby have been
duly notified; and
WHEREAS, said application i@;@is niade to the City Planning
Commission and to the City Counc@'-l and pursuant to the statutes
in such cases made and provided, the Council appointed Viewers
who have reported to the Council; and
WIIERr,AS, the City Plaiiiiing Coinniission after proper notice
and hearing, has reported thereon to the Council; and
WHEREAS, it is the judgment of the Council that the aforesaid
streets and portions of streets, hereinafter more fully bounded
and described should be closed, vacated and discontinued; now
therefore
BE IT ORDAINED BY TIIE COUNCIL OF TIIE CITY OF VIRGINIA BEACH,
VIRGINIA:
Section 1. Tliat the streets and portions of said streets
hereinafter describcd in the Virginia Beach Borough of the City O@,
Virginia Beach, Virginia, are liereby closed, vacated and dis-
continued as public streets of thc! City of Virginia Beach,
Virginia, said certain streets and portions of streets not I)eing
needed for public use and travel. The said streets and portions
of streets so closed,.vacated an4l discontiiiued bciiig more
particularly bounded aiid descri]D(@d as fol-lows:
Closure and abandonment of @i portion of Old Virginia
Beach Road located on tlie soutlaside of 22nd Street
begiiiniiag at a point 309.55' from the south cast
corner of the inters(-ctic)n of 22nd Street and Parks
Ave. and tlaence S 490 39' 01" W a distance of 94.41';
thence- S 400 511 01" w a diz;tance of 131.641; thence
on an arc i,,itli a radius of 1-24.78' in an east south-
casterl.y directioil a distailc@e of 202.53'; and thence
in a nortlierly dircction on an arc radius of 110.0'
a distance of 96.79 and ther@ce in an east north-
easterly directi-on on an arc! radius of 202.621 a
distance of 179.14'; thence west along the soutil
side of 22nd Street a distance of 160.45' to point
of beginning.
Section 2. That thirty (30) days after this date a copy
of tliis Ordinance, certified by the Clerl:, be spread upon tlie
public records in the Clerk's Office of the Circuit Court of
this City and indexed in like manner as a deed to lands.
Adopted by tlie Council of thi@ City of Virginia Beach,
Virginia on the day of 1977.
Deferred until @larch 7, 1977
2
co
ITEM #10447
COUNCILMAN BAUM LEFT CIIAMBERS
On motion by Councilman waterfield, seconded by Councilwoman
Oberndorf, and by recorded vote as foll,,S:
Ayes: Councilmen Robert B. Cromwell, Jr., John R. Griffin, Mayor
Clarence A. Holland, J. Henry McCoy, Jr., Councilwoman Meyera E.
Oberndorf, J. Curtis Payne, Roger L. Riggs, Vice Mayor Patrick L.
Standing, and Floyd E. Waterfield, Jr.
Nays: None
Absent: Councilmen John A. Baum, and G(@orge R. Ferrell
CitY Council adopted the following reso'ution authorizing the
City Manager and City Clerk to execute L certain agreement
relating to maintenance of a highway imy)roved under the provisions
of the Federal Highway Act as amended and supplemented (Route 11165
Princess Anne Road:
Tlie regular meeting of tlie Council. of tlie CiLy of Virgiiiia Be@icli, Virginia,
was lield in the Council Cliimbers of tlie Adiiiinistr;ition Building on the 7th
day of February 1977.
On motioii bycouncilman Waterfield and se(,onded by Councilwoman Oberndorf
tlic following Resolution was adopted.
A RESOLUTION AUTIIOIZIZING THI: CITY'
MANAGER AND CII'Y CI,ERI@ TO L@IN:ECUTE
A CEITTAIN AGREE@IENT REIATINC; TO
IIAINTENANCE OF A IIIGH14AY IL@IE'ROVED
UNDER TIIE PROVISIO-NS OF TIIE FEDERAL
HICH14AY ACT AS A@TENDED @'D SUPPLE-
MENTED (ROUTE 165 PRINCESS ANNE ROAD)
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the City Manager and the City Clerk are hereby authorized to
execute an agreement, a copy of wliich is attached hereto relating to maintenance
of a Iiigliway improved under tlie Provis-ions of tlie Federal fligliway Act as amended
and stipplemented (Route 165 - Princess Anne Road) -- Project 0165-134-103, PE-101,
C-501, Federal Project N-AD-35(i).
Adopted by the Council of tlie City of Vii-ginia Beach, Virginia on the
th day of 1977.
APPROVED:
Mayor
ATTEST:
ITEM #10448
COUNCILMAN BAUM RETURNED TO CHAMBERS.
On motion by Vice Mayor Standing, secorl.ded by Councilman Payne,
and by recorded vote as follows:
Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., John R.
Griffin, Mayor Clarence A. Holland, J. Henry McCoy, Jr., Council-
woman Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, Vice
Mayor Patrick L. Standing, and Floyd E. Waterfield, Jr.
Nays: None
Absent: Councilman George R. Ferrell
On August 23, 1976, City COUDCil adopted a resolution authorizing
the Corps or Engineers to dredge Lynnhaven Inlet. It is estimated
that $10,600 will be the City's share of the dredging costs to be
used for the construction and maintenance of dikes around the spoil
area. It should be noted that this figure represents the Corps'
best estimate of the cost involved and is subject to revision pending
receipt of contract bids.
Therefore, City Council voted to approve a transfer of funds from
Reserve for Contingencies to Dredge Operations in the Public Works
Department in the amount of $10,600. Following this tranfer, the
balance in the Reserve will be $24,384.
@it@ C)-f -vir-wi@iEl
OIFICE O@ @.E CITY E@@'@EE@ .1@ICIIAL @@TE@
@IRGINI@ ..@C-,
February 9, 1977
This is to acknowledge receipt of check #06598A issued bv
I
tbe City of Virginia Beach in the amount of $10,600 for construction
and maintenance of dikes for Lynnhaven Tnlet maintenance dredging.
Received Date
ITEM @-10449
On motion by Vice Mayor Standing, seconded by Councilman Waterfield,
and by recorded vote as follows:
Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., John R.
Griffin, Mayor Clarence A. Holland, J. Henry McCoy, Jr., Council-
woman Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, Vice
Mayor Patrick L. Standing, and Floyd E. Waterfield, Jr.
Nays: None
Absent: Councilman George R. Ferrell
City Council voted to approve standard water and sewer agreements
for Subdivision of Parcels A and B (Robbins Corner) in the Bayside
Borough of the City of Virginia Beach.
ITEM #10450
On motion by Councilman McCoy, seconded by Councilwoman Oberndorf,
and by recorded vote as follows:
Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., John R.
Griffin, Mayor Clarence A. Holland, J. Henry @,leCoy, Jr., Council-
woman lleyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, Vice
Mayor Patrick L. Standing, and Floyd E. Waterfield, Jr.
Nays: None
Absent: Councilman George R. Ferrell
City Council approved the following State-Local Hospitalization
contract:
1975-76 1976-77
Community Mental Health Center
and Psychiatric Institute $73.60 $90.01
As Council is aware, the State pays 50% of +he cost, with the
municipality paying the remaining 50%.
City Council further authorized the City Manager to execute the
necessary agreement on behalf of the City.
ITEM #10451
On motion by Councilman Waterfield, sec-Dnded by Vice Mayor Standing,
and by recorded vote as follows:
Ayes: Councilmen John A. Baum, Robert 13. Cromwell, Jr., John q.
Griffin, Mayor Clarence A. Holland, J. Henry McCoy, Jr., Council-
woman Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, Vice
Mayor Patrick L. Standing, and Floyd E. Waterfield, Jr.
Nays: None
Absent: Councilman George R. Ferrell
City Council approved the following tax refunds in the amount of
$3,626.84:
Tci %'z D@ le c,,l C-'.',:y
From: V. A. Etile;:idgc, Treasurer Date I -1 R-77
Subject:: Application for Tax %e@@Unds
The following applications @or refu-,id of taxes totaling 2,621.90
a-,id certi@-ied -4or payrae-,it, as se-, @@ort',a 'oelow:
V. A. Etherid-e
reasurer
Type
Name T@,x of llr,-z:O
Year -18x lbase altv -,st-
L. Angus 1977 CD 4 1.5.00
E. Listen 1'976 PP 226.92
lio Berkley 1976 PP 006712 6-1-76 5.4,0
L. Lefcoe &
H. Weinstein 1976 PP 050438 6-3-76 I,OOZ@.?,
K. Vannoy 1976 PP 089083 11-.29-76 42,15
uthern RY 1976 RE PS*RE*15 6-10-76 1,086
V. Williams Inc. 1973 Rg 56613 1/2 6-20-73 ll.Ooi9x-
56613 2/2 12-5-73 12.00
V. Williams Inc. 1974 RE 60314 1/2- 6-10-74 12.00
60314 2/2 12-5-74 12.00
V. Williams Inc. 1975 RE 63041 1/2 6-10-75 11.25
63041 2/2 12-5-75 11.25
V. Williams Inc. 1976 RE 65733 1/2 6-10-76 12.18
W. Jame Jr
1976 RE 21630 6-10-76 45.21@
W. Carter 1977 CD 23622 1-5-77 15.00
T. Sykes 1977 CD 86874 1-7-77 15.00
C. Brannon 1977 CD 12534 1-10-77 15.00
A.Sibert 1976 CD 54944 12-5-76 28.88
la White 1976 CD 64801 12-3-76 17.40
rold & Carolle
es 1976 CD 31032 1/2 6-10-76 10.88
31032 2/21 12-3-76 10.8F@
,Above ap r re-@-und o-@ taxes cpproved. Da@e i Z-41 Ill 1)
Above abatements to-@aling 2 Approvedb I
To: Mr.I Dale
F@om: V. A. Et;heridge, 'Llrcasure-@- Da-6e ].-25-77
Subjec-1: Appliczition for -lax Refunds
The following aD u
,plications for ::e@ -,id of taxes totaling $ 1,004.94
a,-id cert@L '@--ied for p.-yr,,ient, as set bel.ow:
V. A. -@ther-@@d,e
itypel 'f
Name Tax of Ticke-I
Yc,@i-r Ta-< Niimber Base
W.'& P A. Fels 1976 RE 019459 1/2i 6
019459 2@ 6
ST Associates 1975 PP 046260 6-10-75
ST,Associates 1976 PP 048587 6-iO-76 390.4,'
ouis Assaid 1977 CD 91609 1-12-77 7.50@
ohn R. Kois 1977 CD 86687 (1-5-77 7.50
R & P C Murray 1977 CD 43232 1-5-77 7.50k
R Hollins 1977 CD 25106 1-7-77 7.50,
& Josephine
scito 1977 CD 24717 1LIl-77 7.50
ob6rt Carroll, Ji.1977 CD 42521 1-3-77 7.50.
eorge R, Parker 1977 CD 25456 1-12-77 7.50@
ynne N. Bley 1977 CD 28259 1-12-77 7.50-
artha M. Smith 1977 CD 12920 1-17-77 15.00-
F. Dickens 1977 CD 29720 1-,13-77 15.00-
oquoson Leasing,
nc. 1977 CD 14583 1-17-77 13.00,
obert Flanagan 1977 CD 26900 1-13-77 15.0()@
M. Freedman 1977 CD 12603 1-11-77 15.00-
o A. Chapman 1977 CD 20050 1-3-77 15.00i
orbes Candies Inc.1977 CD 34982 1-21-77 15.00@
* T. Cohoon, Jr. 1977 CD 32206 1-14-17 15.00,
* D. Thomas 1977 CD 25107 7 15.00-
* M. Trnnq TTT lQ77 rD 5166R 77 15.00
Above cp-,)Iicztio-,is@for refund of taxes approved. Date!. OZZ 4@ 7
Above abatements to@Ialing 06 41, Approved by
Da
R@i, on,
ci
---------- --------- ---
ITEM #10452
On motion by Councilman Cromwell, second.ed by Vice Mayor Standing,
and by recorded vote as follows:
Ayes: Councilmen John A. Buam, Robert B. Cromwell, Jr., John R.
Griffin, Mayor Clarence A. Holland, J. Henry lAcCoy, Jr., Council-
woman Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, Vice
Mayor Patrick L. Standing, and Floyd E. Waterfield, Jr.
Nays: None
Absent: Councilman George R. Ferrell
City Council approved the following license refund in the amount of
$25.00:
THE FOTI,OW-ING APPT,ICATIONS FOR REFUND AS SH 5.1)0
D.LIAPP,commissi,ONER OF REV.
NAMF, LICENSE DATE PAID BASE PENAT,T I@TTEREST TOTAL
YEAR
MA,RGAPET G MITCHETIT, 76-77 JAN.I-),77 2 51)0 25.00
ABOVE APPI@ICATION(S) FOR PEFUND APPROVEB L,
A p COU@T IL
ABOVE ABAT@FINTS TOTAT-ING
7
PICHAP.D J' 'IBBBO@T
CITY CI-EF@
ITEM #10453
On motion by Councilman Waterfield, seconded by Councilman Riggs,
and by recorded vote as follows:
Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., John R.
Griffin, Mayor Clarence A. Holland, J. Henry McCoy, Jr., Council-
woman Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, Vice
Mayor Patrick L. Standing, and Floyd E. Waterfield, Jr.
Nays: None
Absent: Councilman George R. Ferrell
City Council approved the following Bingo/Raffle permits:
13oys Baseball of Lynnhaven, Incorporated
Colonial Circle of King's Daughters
Virginia Beach Association of Educational
Secretaries
Virginia Beach Borough Volunteer Fire
Department
ITEM #10454
On motion by Councilman Waterfield, seconded by Councilman Cromwell,
and by recorded vote as follows:
Ayes: Councilmen John A. Baum, Robert 13. Cromwell, Jr., John R.
C,riffin, Mayor Clarence A. flolland, J. Ilenry McCoy, Jr., Council-
woman Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, Vice
Mayor Patrick L. Standing, and Floyd E. Waterfield, Jr.
Nays: None
Absent: Councilman George R. Ferrell
CitY Council voted to adopt the following resolution regarding
Section 6.05:1 of the Charter of the City of Virginia Beach,
Acts of General Assembly of 1974, Chapter 596, providing limitations
for the bonded indebtedness of the City of Virginia Beach:
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 7t!i
day of February , 1977.
On motion by @,jr. !Vaterfield and seconded by @ir. Cromwell
the following resolution was adopted.
R E S 0 L U T I 0 N
WHEREAS, Section 6.05:1 of the Charter of the City of Virginia Beach,
Acts of General Assembly of 1974, Chapter 596, provide limitations for the
bonded indebtedness of the City of Virginia Beach; and
WHEREAS, unfunded contractual obligations other than bonds and notes
have heretofore been excluded in computing outstanding indebtedness of the
City of Virginia Beach pursuant to the above mentioned section of the City
Charter; and
WHEREAS, bond counsel of the City of Virginia Beach is of the opinion
that the language of Section 6.05:1 of the City Charter is not sufficiently
clear to permit his unqualified opinion as to the indebtedness of the City
for purposes of the Charter limitations; and
WHEREAS, the limitation of $10 million, in the opinion of the bond
counsel, includes unfunded contractual obligations for vital public services
such as schools, road construction and other I)ublic improvements; and
WHEREAS, the Council of the City of Virginia Beach is not requesting
the General Assembly to expand its borrowing (,apacity concerning the issuance
of bonds and notes; and
WHEREAS, such contractual obligations need to be executed to bring
the necessary public services to the citizens of the City of Virginia Beach
whose population, it is estimated, exceeds 239, 566 and places Virginia Beach
as the second largest city in population in tlie Commonwealth of Virginia.
THEREFORE BE IT RESOLVED that the Council. of the City of Virginia Beach
urgently requests the General Assembly of Virginia to clarify this portion of
the Charter by excluding such contractual obli-gations from its total indebted-
ness for purposes of charter limitations on indebtedness.
BE IT FURTHER RESOLVED by the Council of the City of Virginia Beach
that the City Clerk is directed to forward a copy of this resolution to
each member of the General Assembly of Virginia representing the City of
Virginia Beach, Virginia.
JDB:er
2-2-77
2-4-77
Certified to be a true excerpt of the Minutes of the City
Coulicil of tiie City of Virginia Be Virginia, approved
February 7, 1977.
ITEM #10455
City Council deferred consideration of the resolution regarding the
conserving of energy until a lat,r eeting.
ITEM #1045(3
On motion by Councilman McCoy, seconded by Councilman Riggs, and
by acclamation, the meeting adjourned.
'a, , z. -0 a,-@
Richard @ y lerk ivjayor Clarence A. Holland, D.
City of Virginia Beach,
Virginia
February 7, 1977