MAY 23, 1977
MINUTES OF THE HONORABLE CITY COUNCIL
OF THE
CITY OF VIRGINIA BEACH, VIRGINIA
May 23, 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 Monday, May 23, 1977
Council Members present: John A. Baum, George R. Ferrell, 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.
Councilmen absent: Robert B. Cromwell, Jr.
ITEM #10831
Mayor Holland entertained a motion to permit the Council to conduct
an informal discussion to be followed by an executive session for
the purpose of discussing the following:
1. Discussion or consideration of employment,
assignment, promotion, demotion, salaries, discipline
or resignation of public 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
matters within the jurisdiction of the public body.
On motion by Councilman Waterfield, seconded by Councilman Baum, and
by recorded vote as follows:
Ayes: Councilmen John A. Baum, George R. Ferrell, 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: Councilman Robert B. Cromwell, Jr.
Council voted to proceed into the Executive Session following the
informal discussion.
ITEM #10832
Mayor Holland informed Council and the public that June 6, 1977 is
Youth Day iii Goverr@ment.
ITEM #10833
The City Manager stated that problems have arisen regarding the towing
of vehicles off of private property.
The City Manager suggested signs be erected in non-parking areas
stating:
1. What company towed the car
2. Location of towed vehicle
3. Charge for towing
The City Manager further stated a sign should be also erected at
the location of the towed vehicle with the following information:
1. Charge for towing
2. Charge for storage
3. Procedure on how to retrieve your car
ITEM #10834
The City Manager stated that the City was trying to come up with
signs to be placed on the beaches and boardwalks that would not
be objectionable to the public with regards to littering, swimming
areas and surfing areas.
ITEM #10835
The City Manager discussed with Council the water distribution problem,
and stated it was a three (3) prong problem: regional, treatment, and
distribution. It was stated also that the main problems are in the
distribution system and the lack of adequate distribution systems.
At the present tinie, with all of the City's water tanks, there is
only an 11 million gallon capacity storage, and even with the four
new tanks under construction (Kempsville, Shore Drive, behind Wickes,
and Witchduck Road), there is only an 11 million gallon capacity.
The City flanager requested permission to initiate a voluntary limitation
on consumption of water between the hours of 6:00 a.m. and 9:00 p.m. This
limitation will not include those persons with wells.
ITEM #10836
At 2:00 p.m., City Council reconvened in the Council Chambers with
the following members present:
John A. Baum, George R. Ferrell, 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.
Council Members absent: Robert B. Cromwell, Jr.
The invocation was given by the Reverend Gary Sawtell, Old Donation
Episcopal Church, followed by the Pledge of Allegiance.
ITEII #10837
On motion by Councilman Waterfield, seconded by Councilman Ferrell,
and by recorded vote as follows:
Ayes: Councilmen John A. Baum, George R. Ferrell, 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: Councilman Robert B. Cromwell, Jr.
City Council voted to approve the minutes of the regular meeting of
May 16, 1977, and dispensed with the reading of said minutes inasmuch
as each Council Member had a copy.
ITEM #10838
Mrs. Helen W. Lowe appeared regarding this matter.
On motion by Councilman Payne, seconded by Councilman Waterfield,
and by recorded vote as follow:
Ayes: Councilmen John A. Baum, George R. Ferrell, 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: Councilman Robert B. Cromwell, Jr.
City Council voted to approve on second reading the following ordinance
to amend and reordain Section 21-5 of the Code of the City of Virginia
Beach pertaining to mosauito control di.stri.cts:
AN ORDINANCE TO AMEND AND REORDAIN
SECTION 21-5 AND ADD SECTION 21-5.1
OF THE CODE OF THE CITY OF VIRGINIA
BEACH, VIRGINIA, PERTAINING TO
MOSQUITO CONTROL DISTRICTS
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That Section 21-5 of the Code of the City of Virginia Beach is amended and
reordained to read as follows:
Section 21-5: Princess Anne-Pungo Mosquito Control District
The Princess Anne-Pungo Mosquito Control District shall include all of the
area within the Princess Anne Borough and that area of Pungo Borough as set
forth below:
(a) From Gum Bridge Road north to Princess Anne Borough line.
(b) All lots, parcels or pieces of property abutting Charity Neck
Road from the intersection of Gum Bridge Road to Nanney Creek
Road.
(c) All lots, parcels or pieces of property abutting on Munden
Point Road from the intersection of Munden Point Road with
Princess Anne Road west to the North Landing River.
Section 21-5.1: Rate of Tax
The tax shall be as established in the real estate tax rate for each
year.
FIRST READING: May 16, 1977
SECOND READING: May 23, 1977
This ordinance shall be effective July 1, 1977.
Adopted by the Council of the City of Virginia Beach on the -23 day of
May , 1977.
On motion by Councilman McCoy, seconded by Councilm,n Ferrell, and
by recorded vote as follows:
Ayes: Councilmen John A. Baum, George R. rerrell, John R. Griffin,
Mayor Clarence A. Holland, J. Henry McCoy, Jr., J. Curtis Payne, and
Floyd E. Waterfield, Jr.
Nays: Councilwoman Meyera E. Oberndorf, and Councilmen Roger L. Riggs,
and Vice @layor Patrick L. Standing
Absent: Councilman Robert B. Cromwell, Jr.
City Council voted to approve on second reading the following resolution
in support of NIMLO's litigation to make the determination as to the
constitutionality of the Federal Unemployment Compensation Act of 1976:
The regular meeting of the Council of the City of Virginia Beach, Virginia, @as
held in the Cou.cil Chambers of the Ad,,inirtration Building of the City on th@ Z-3
day of - May -, 1977.
On motion by Councilman McCoy and seconded by Councilman Ferrell,
the following resolution was adopted.
R E S 0 L U T I 0 N
WHEREAS, the C.ngres,; f the United States adopted Public Law 94-566 (H.R. 10210)
forcing the states to adopt a law providing for the extention of the Federal Unemploy-
ment pompensation Act to most state and local government employees; and
WHEREAS, the impact of the Act signed October 20, 1976 would cost 3.4% of ti,e
compensation of each state and local government employee on the first $6,000 of
compensation; and
WHEREAS, the National institute of Municipal Law Officers in its considered
view determined a trust fund should be established from its member cities to mount
a constitutional attack on the Unemployment Compensation Act of 1976 which will impose
$1,000,000,000 in federally mandated taxes on states, cities and counties through out
the United States effective January 1, 1978; and
WHEREAS, the cost to the City of Virginia Beacli in taxes amounts to approximately
$450,000:
THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA:
That the City of Virginia Beach join in such litigation to make this determination
as to the constitutionality of such federal legislation which sets forth this massive
intrusion into state and local government financial affairs.
That the City Manager and City Attorney are directed to do what is necessary to
implement this action.
BE IT FURTHER RESOLVED that $7,500 is hereby appropriated as the City of Virginia
Beach's share in developing the information for such litigation.
FIRST READING: May 16, 1977
SEDOND READING: 1977
On motion by Councilman Ferrell, seconded by Councilman McCoy, and
by recorded vote as follows:
Ayes: Councilmen John A. Baum, George R. Ferrell, 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: Councilman Robert B. Cromwell, Jr.
City Council voted to approve on second reading the following ordinance
to accept a grant totaling $3,176 from the Virginia Association Of
Commonwealth's Attorneys and to appropi,iate these funds:
AN ORDINANCE TO ACCEPT A GRANT TOTALLING
$3,176 FROM THE VIRGINIA ASSOCIATION OF
COMMONWEALTH'S ATTORNEYS AND TO APPROPRI-
ATE THESE FUNDS:
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA:
That a grant from the Virginia Association of Coon,,alth',
Attorneys (VACA) for the employment of three law interns during the summer
of 1977 be accepted and appropriated as follows:
Estimated Revenue Local Total
From Oth ncies Mat,:h
LAW INTERN PROGRAM @017 @159 171
That the appropriations will be fi,anced by $3,017 estimated
revenue from the VACA, and a local share of $159 to be transferred from
the Reserve for Contingencies - Federal Grants.
BE IT FURTHER ORDAINED:
That the City Manager is hereby a,,tliorized to sign the necessary
papers to accept Lhis grant award ,n behalf of the city.
First Reading: @lay 16, 1977
Second Reading: Nlay 23, 1977
Adopted by the Council of the City of Virginia B,?a,h ,n the
ITEM #10841
6n motion by Councilman Waterfield, seconded by Councilwoman Oberndorf,
and by recorded vote as follows:
Ayes: Councilmen John A. Baum, George R. Ferrell, 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: Councilman Robert B. Cromwell, Jr.
City Council voted to approve the following ordinance to amend and
reordain Section 20-8.1 of the Code of the City of Virginia Beach,
Virginia, relating to Business License Taxes:
AN ORDINA,14'CE 1-0 A@IEND @,FORDAI@;
SECTIO@l 20-8.1 OF 1-HE CODE OF THE
CITY OF VIPGlt@IP, BEAC[L, VIRGINIA,
RELAIING TO rU"It@ISS LICEI,@SE T)'kXES.
BE IT ORDAINED BY THE COUNCIL OF TIIF@ CITY OF VIRGINIA BEACH, VIRGIPIIA,
That Section 20-8.1 is hereby amended to read as follows:
Section 20-8.1. Penalties when license tax not paid on time.
In addition to the fine ii,,iposed by Section 20-4 of the Code of the City
of Virginia Beach, if any license tax other than that of a beginner be not paid on
or before the tenth day of Juiie of the license tax year, there shall be added a
penalty of ten per centum (10%) of the amount of said license tax; if not paid
within forty-five days after the tenth day of Jutie of the license tax year, a
penalty of fifteen per centum (15%) sliall be added to the aniount of said license
tax; and thereafter, the penalty sliall be increased five per centum (5%) for every
thirty days or fraction thereof of delinquency. In no event shall the total penalty
exceed thirty per centum (30%) and in no case s@iall such penilty be less than two
dollars. All penalties shall be assessed and paid along with and in addition to
said license tax.
Every person beginning business between the first day of May and the
tenth day of June of any license year shall pay his license tax on or before the
tenth day of June or said I)erson shall be subject to the penalties as set forth
in the foregoing paragraph.
Every person beginning business after the tenth day of June of any license
tax year shall pay his license tax imi,.ediately. If such license tax be not paid
within ten days from the beginnitig of business, the license tax shall be subject
to a penalty of ten per centuiii (10/'); if not paid viithin forty-five d@lys after the
date of beginning business, a penalty of fifteen pet, centuiii (15"') sliall be added
to the amount of said license tax; and thereafter tiie penalty shall be iticreased
five per centurl (5@) for every thirty days oi- frac'lion thei,eof of delinqllency. In
no event shall tlie total penalty exceed thirty per ceiit@,ini (30@'), and in no case shall
such ppnalty b(,, less than t@,@o dollars. All perialties sl)all be a@sessed ind paid
ITEM #10842
<)n motion by Councilman Griffin, seconded by Councilman McCoy, and
by recorded vote as follows:
Ayes: Councilmen John A. Baum, George R. Ferrell, John R. Griffin,
Mayor Clarence A. HollAnd, J. Hehry McCoy, Jr., Councilwoman Meyera
E. Oberndorf, J. Curtis Payne, Roger L. Itiggs, Vice Mayor Patrick L.
Standing, and Floyd E. IVaterfield, Jr.
Nays: None
Absent: Councilman Robert B. Cromwell, Jr.
City Council voted to approve the following tax refunds in the amount
of $601.36:
TAX '@PC- l@@' @'XbNF@RA- DATE
NANE YEAR OF TAX NIF@L13Fill -TIOL NO. PAID PENAI,TY INT. TOTAL
l@lary S. Moriger 1977 CD 426J./, 1-4-77 7.50
Robert A. Bradshaxy 19 77 (:!', -) 8 O:? 1- l@-25-77 7.50
Cj)T'@,@. 1"13051- 1-25-77 1.75
B. Ashley 1.977 C!) 63802 2.-4-77 7.50
63901 2-8-77 7.50
Thomas L. Startt 1977 Cl) ')3790 1-20-77 7.50
eid Alan Rapoport 1977 CD. 119021 1-28-77 7.50
@,lm. &Lenna Adcox,JR 1977 CD 41570 1-3-77 7.50
l@]@571 ]@-3-77 7.50
Harry M. Huling 1977 CD 107141 2-11-77 6.87
Lindi M. Manous 1977 CD 1-073IC-1, 2-7-77 7.50
Jolly D. Richardson 1977 CD 11 @ll- 2 3 9 3..4-77 1.00
l,loore, M@-lvin & 1973 R@-"2-&, 2 3 6 ' ll-'I@ 1--7-74 59.63
Abbie, Ets Als
G. E. Snyder & Sons 1976 RF,2/@z 31461 11-16-7( 48@71
(Jett, R. Arthur)
McCoy, Oil Co Oil 1976 PP 55554 6-@2-76 357.30
Bctrner
ry Godfrey 1977 CD 845il 1-3-77 7@50
Charles G. @loore 1977 CD 119931 1-31-77 7.50
Baillio Sand CO.INC. 1977 CD 8750 1-27-77 28.60
vin L. Brinkley 1977 CD 5474 1-9-77 15.00
The above abatement(s) totaling Certif ied as -to payment;,
were approved by
the Council of th6 city of Virginia
day of
Beach on the_ 41- "
V. A./,/Etheridge, Treasurer
Richard J. Webbon, City Clerk Approved as to ,/ form:
ITEM #10843
'On motion by Vice Mayor Standing, seconded by Councilman Griffin,
and by recorded vote as follows:
Ayes: Councilmen John A. Baum, George R. Ferrell, John R. Griffin,
Mayor Clarence A. Holland, J. @enry 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: Councilman Robert B. Cromwell, Jr.
City Council approved the request of the following organizations to
amend their bingo permits to include raffles:
Star of the Sea Catholic Church
Commodore Lodge
Parish of the Holy Spirit
Knights of Columbus
Virginia Beach Civi.c Ballet
ITEM #10844
Coupcilman McCoy made a motion, seconded by Councilman Payne, to
reconsider the application of Water-Boggan International, Inc., for
a Conditional Use Permit for a recreational facility of an outdoor
naTur-e ( ater s-lid ). The recorded vote is as follows:
Ayes: Councilmen George R. Ferrell, John R. Griffin, Mayor Clarence
A. Holland, J. Henry McCoy, Jr., J. Curtis Payne, and Floyd E.
Waterfield, Jr.
Nays: Councilmen John A. Baum, Councilwoman Meyera E. Oberndorf,
Roger L. Riggs, and Vice Mayor Patrick L. Standing
Absent: Councilman Robert B. Cromwell, Jr.
City Council voted to reconsider the application of Water-Boggan
International, Inc., for a Conditional Use Permit for a recreational
facility of an outdoor nature (waTer-sliTe)-
ITEM #10844 (a)
After considerable discussion, Vice Mayor Standing made a motion,
seconded by Councilman Riggs, to defer reconsideration of the
application of Water-Boggan International, Inc., for a Conditional
Use Permit for a recreational facility of an outdoor na -re (,vatr
slide), until June 6, 1977, with the stipuiation that it be readvertised.
The recorded vote is as follows:
Ayes: Councilmen John A. Baum, George R. Ferrell, NIayor Clarence A.
Holland, J. Henry McCoy, Jr., Councilwoman Meyera E. Oberndorf, J.
Curtis Payne, Roger L. Riggs, Vice @layor Patrick L. Standing, and
Floyd E. Waterfield, Jr,
Nays: Councilman John R. Griffin
Absent: Councilman Robert B. Cromwell, Jr.