JULY 26, 1976
OTY OF VIRGINII REICH
MUNICIPAL CENTER
"CU'.@td'A -C.@.q.st (71ty" VIRGINIA BEACH, VIRGINIA 23456
MAYOR CLARENCE A. HOLLAND, M.D., B.y@id@ B.,, ,b j HENRY M,COY, I,., D.D S., K,.p@@ill, B@,..,b
VICE M.4 YOR PATRICK L. STANDING, A, L.,g@ MEYERA E. OBERNDORF, A, L.,g,
JOHN A. BAUM, Bi.,k..@, B.,..gh 1. CURTIS PAYNE, P,i.@@,, A@@@ B.,@.gb
ROBERT B CROMWELL, ],, A, L.,g@ ROGER L RFGGS, Vi,gi@i. B@.ch B.,.@gb
GEORGE R FERRELL, A, L.,g@ I;LOYD E WATERFIELD, ],., P..g. 9,,,@,gh
jOliN R. GRIFFI?,, Ly,@h ... @ B@,..gb A G E N D A R'CilARD 1. WEBBON, Cil, (:],,k
The City Council of the City of Virginia Beach, Virginia, assembled at City
liall, Princess Anne Station, Virginia Beach, Virginia, in Regular Session,
at 2:00 p.m., on Monday, July 26, 1976, for the purpose of conducting public
business will hear and act upon the following items:
1. Call to order by the fionorable Clarence A. Holland, Mayor.
2. Invocation will be given by the Reverend Junis E. Foster, Thalia Lynn
Baptist Church, Virginia Beach, Virginia. Please remain standing for
the Pledge of Allegiance.
3. Roll Call of the Council.
4. Motion to retire into executive session.
5. Minutes of the Regular Meeting of fuly 19, 1976 to be presented for
approval and acceptance.
6. Letter from the City Manager recommending that City Council approve an
Ordinance to amend sections 2-7, 2-8 and 2-11 of the Code of the City
of Virginia Beach relating to regular meetings, openin-. of meetings,
order of business.
7. Letter from the City Manager recommending tliat City Council approve
the request of Mr. Ivan D. Mapp, Commissioner of the Revenue, for
business license refunds totaling $75,00.
8. Letter from the City Manager explaining the 1976 Act of Assembly which
accepts heart disease and hypertension as occupational diseases which
would be regarded by the Workmans Compensation Act as being work related
and thus eligible for compensation unless the employees undergo a thorough
physical examination by qualified doctors and are found free of the
disease. The City Manager recommends an appropriation of $46,600 for
this purpose as set forth in his lettet.
9. Letter from the City Manager recommending that City Council approve the
employment of an Assistant Commonwealth's Attorney at an annual salary
of $14,400. The position, which has been approved by the Compensation
Board, will be funded equally by the State and City. It is further
recommended,that City CoLincil approve a transfer from the Reserve for
Contingencies-Salaries to the Commonwealtli's Attorney's budget in the
amount of $7,200 as tlie (@ity's share for the salary. (Deferred from
July 19, 1976)
10. Letter fron the City Manager indicating a discrep&nc)r between the
salary authorized by the State Conpensation Board and the Pay Scale
of the City which will require an additional $980 needed to inect tbe
salary authroized b@ the Compensation Board f ,Or the ttoril Y to b
on the staff of the commonwealth's Attorney. but PhysicallY located in
the '7 e e
reco offices of the Social Servi,e D,pa, , I ',
@ends that the COmInonwealth's t enr. Th@ city
by tilis amou,t. s Att Manager
Orney's budget be SuPpleniented
11. Letter from the City Manager recommending that in closing the City's
accounting records for Fiscal Year 1976, the following appropriations
from General Fund Surplus are needed to cover expenditures for the
period:
Office of Emergency Services $ 20,931
Mental Health & Retardation
Administrative tinit 5,614
Comprehensive Mental Health
Services 1S,977
Erosion Commission-Administr@itive 30,SSI
Building Maintenance 80,S30
Insurance 80,610
TOTAL $23S,243
Because of higher inventoty values on hand than last year (caused
partly by inflation) and capital equipment purchased during the year,
it is further recommended that City Council approve increases in the
Working Capital Advances as of June 30, 1976, to the following funds:
City Garage $35,100
Print Shop 21450
TOTAL $37,SSO
12. Letter from the City Manager recommending that City Council approve
the transfer of $2,580,000 from the General Fund to the Capital
Projects Fund. City Council authorized the,3ale of bonds totaling
$16 million for various projects in the City. This authorization
allowed the projects to begiii without the actual sale of bonds and
enabled us to draw from the General Fund during the fiscal year
amounts sufficient to proceed with tlie projects. Since the end of
the year accounting procedures require Council's acknowledgement of
these transactions, it is necessarv to approve this appropriation.
(This amount will bc@ replaced in t@e General Fund when the bonds are
sold).
13. Letter from the City Manaeer recommending that City Council approve
an appropriation of $812,600 from the General Fund to the Water and
Sewer fund. The City has loaned the Virginia Beach Development Authori,ty
funds for the construction of water and sewer facilities in ataounts now
totaling $812,000. Again, as a year-end T)aper,transaction, and since
the Water and Sewer fund is in need of a portion of the total amount,
it is recommended that this appropriation be approvecl.
14. Old business, deferred from the previous meeting, including any report
Of the Mayor or cominittees named by Council.
15. New business, including any presentations bv Councilmen, citizens, and
organizations.
16. motion for adjour,,et.
MINUTES OF TIIE HONORABLE (II'I'Y COUNCIL
OF TIJE
CITY OF VIRGINIA BEACH, VII@GINIA
,July 26, 1976
The regular meeting of the Council of the City of Virginia Beach,
Virginia, was held in the Council Chambel@s, in the Administration
Building, in the Borough of Princess Anne, on Monday, July 26, 1976,
at 2:00 p.m.
The invocation was given by the Reverend Junis E. Foster, Thalia
Lynn Baptist Church, Virginia Beach, Virginia.
Council Members present: John A. Baum, lzobert B. Cromwell, Jr.,
George R. Ferrell, John R. Griffin, @layor Clarence A. Holland,
J. Henry McCoy, Jr., Meyera E. Oberndorf, J. Curtis Payne, R. I,.
Riggs, Vice Mayor Patrick L. Standing, and Flovd L. Waterfield, Jr.
Council Members abseiit: l@one
ITEM #9898
On motion by Councilflian Waterfield, secoiided by Vice Mayor Standing,
and by recorded vote as follows:
Ayes: Council Members John A. Baum, Robert B. Cromwell, Jr.,
George R. Ferrell, John R. Griffin, Mayor Clarence A. Holland,
J. fienry McCoy, Jr., Meyera E. Oberndorf, J. Curtis Payne, R. L.
Riggs, Vice Mayor Patrick L. Standing, aiid Floyd E. Waterfield, Jr.
Nays: None
Absent: inone
City Council voted to approve the minutes of the regular meeting of
,July 19, 1976, and dispensed with the reading of said minutes inasmuch
as each Council Member h@id a copy of the subject minutes.
ITEM #9899
On motion by Councilman Payne, seconded by Councilman Cromwell,
and by recorded vote as follows:
Ayes: Council Members John A. Baum, Robert B. Cromwell, Jr. ,
George R. Ferrell, John R. Griffin, Mayor Clarence A. Holland,
J. fienry McCoy, Jr., Meyera E. Oberndorf, J. Curtis Payne, R. L.
Riggs, Vice Mayor Patrick L. Standing, and f,-Ioyd E. Waterfield, Jr.
Nays: None
Absent: None
City Council voted to approve the following ordinance to amend
Sections 2-7, 2-8 and 2-11 of the Code of the City of Virginia Beach
relating to regular meetings, opening of meetings, order of business.
AN ORDINANCE TO AMEND SECTIONS 2-7, 2-8
AND 2-11 OF THE CODE OF THE CITY OF
VIRGINIA BEACH RELATING TO REGULAR
MEETINGS, OPENING OF MEETINGS, ORDER
OF BUSTNESS
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That Sections 2-7, 2-8 and 2-11 are amended and reordained to read as
follows:
Section 2-7: Regular meetings of the council shall be held in the administration
building, Municipal Center, in the city on the first, second, third and fourth
Mondays at 1:00 o'clock P.M., of each month, unless such date shall fall upon a
legal holiday, in which case the meeting will be held on the next succeeding day,
which is not a legal holiday, and at the same hour except as otherwise provided
by special resolution of the council.
Section 2-8: Upon the appearance of a quorum at a regular meeting of the council,
the mayor, or in his absence, the vice-mayor, shall open the business of the
meeting.
The order of business shall be:
(1) Calling of the roll by the Clerk.
(2) Executive session upon roll call vote.
(3) eading proceedings of the last meeting; provided, however,
that such reading may be suspended when a copy of the pro-
ceedings has previously been read by each councilman.
(4) Public hearings previously called by city council.
(5) Items to be presented for council consideration.
(6) Old business deferred from previous meetings, including
any report of the mayor or committees, boards and
commissions named by council.
(7) New business, including presentations by council members,
citizens and organizations.
(8) Adjournment.
Section 2-11: The order of business at special meetings of the council shall be
as follows:
(1) Call of the roil.
(2) Executive session upon roll call,vote.
(3) Reading of call for special meeting, if written, or stated, if verbal.
(4) Discussion of business on call in order given in call.
Such order of business shall not be departed from except by the consent of
six members of the council.
This ordinance shall be effective from date of adoption.
Adopted by the Council of the City of Virginia Beach on the 26 day of
1976.
JDB:er
7-21- 76
ITEM #99oo
On motion by Vice Mayor Standing, seconded by Councilwoman Oberndo,f,
and by recorded vote as follows:
Ayes: Council Members John A. Baum, Robert B. Cromwell, Jr.,
George R. Ferrell, John R. Griffin, Mayor Clarence A. flolland,
J. Henry McCoy, Jr., Meyera E. Oberndorf, J. Curtis Payne, R. L.
Riggs, Vice Mayor Patrick I,. Standing, and Floyd E@. Waterfield, Jr.
Nays: None
Absent: None
City Council voted to approve the request of Mr. Ivan D Mapp
Commissioner of the Revenue, for business license refunds totaling
$75.00 as follows:
Joseph Flory License improperly $2S.00
Rt. 2 ' Box 2081 approved C, issued
V.B.
V. & H. Friedman Agency closed 25.00
216 Penn. Ave.
V.B.
Michael Wylie Business not started 2S.00
4920 Southern Blvd.
V.B.
TOTAL $75.00
ITEM #9901
On motion by Councilman Ferrell, seconded by Councilman Waterfield,
and by recorded vote as follows:
Ayes; Council Membei-s John A. Baum, Robert B. Cromwell, Jr.,
George R. Ferrell, Jolin R. Griffin, @layor Clarence A. Holland,
J. Henry McCoy, Jr., Meyera E. Oberndorf, J. Curtis Payne, R. L.
Riggs, Vice Mayor Patrick L. Standing, and Floyd E. Waterfield, Jr.
Nays: None
Absent: None
City Council discussed the proposal made by City Planager, George L.
Hanbury, concerning the physical examination of salaried or volunteer
firefighters, police officers, sheriffs or deputy sheriffs to determine
their propensity to hypertension or heart disease which were presumed
by State Statute to be compensation by tlie Workmen's Compensation Act
as a job hazard, as well as certain respiratory diseases. The City
Manager indicated that $46,600 would be required to set-up and
organize the proposed program working in (:onj.unction with the Virginia
Beach Health Department.
City Council voted to defer this proposal for one (1) week for
consideration.
ITEM #9902
On motion by Councilman McCoy, seconded bv Councilman Baum, and
by recorded vote as follows:
Ayes: Council Members John A. Baum, Robert B. Cromwell, Jr.,
George R. Ferrell, John R. Griffin, Mayor Clarence A. lfolland,
J. lienry McCoy, Jr., Meyera E. Oberndorf, J. Curtis Payne, R. L.
Riggs, Vice @layor Patrick I,. Standing, and Floyd E. Waterfield, Jr.
Nays: None
Absent: None
City Council voted to approve the request of %ir. Andre Evans,
Commonwealth's Attorney, for an Assistant Commonwealth's Attorney
at an annual salary of$14,400; further City Council approved a
transfer from the Reserve for Contingencies-Salaries to the Common-
wealth's Attorney's budget in the ainount of $7,200 as the City's
share for the salary. ('Flie state pavs tlie other $7,200).
1
ITEM #9903
On motion by Councilman Payne, seconded by Councilman Baum, and
by recorded vote as follows:
Ayes: Council Members John A. Baum, Robert B. Cromwell, Jr.,
George R. Ferrell, John R. Griffin, @layor Clarence A. tiolland,
J. lienry McCoy, Jr., Meyera E. Oberndorf, J. Curtis Payne, R. I,.
Riggs, Vice Mayor Patrick L. Standing, and Floyd E. Waterfield, Jr.
Nays: None
Absent: None
After discussion concerning the proposed work of an attorney
expected to work under the aegis of the Commonwealth Attorney,
located, however, in the office of the Social Services in order
to investigate fradulent claims and claims made in error, City
Council voted to appropriate an additional supplement of $980 to
finalize the salary for an additional attorney in the amount of
$18,480 in the Commonwealtli's Attorney's office bringing to eight
tlie total number of attorneys in the Commonwealth Attorney's office.
ITE@i #9904
On motion by Councilman Waterfield, seconded by Vice @layor Standing,
and by recorded vote as follows:
Ayes: Council @lembers John A. Baum, Robert B. Cromwell, Jr.,
George R. Ferrell, John R. Griffin, Mayor Clarence A. liolland,
J. Henry McCoy, Jr., Meyera E. Oberndorf, J. Curtis Payne, R. I,.
Riggs, Vice Mayor Patrick L. Standing, and Floyd E. Waterfield, -Jr.
Nays: None
Absent: None
City Council voted to approve the following appropriations froni
General Fund Surplus to cover expenditures in closing the City's
accounting records for Fiscal Year 1976:
Office of Emergency Services $20,931
Mental Health & Retardation
Administrative [Tnit 5,614
Comprehensive Niental flealth
Services 15,977
Erosion Commission-Administrative 30,581
Building Maintenaiice 8 0 5 3 0
Insurance 81 610
TOTAL APPROPRIATTON $23S,243
Because of higher inventory values on hand last year (caused partly
by inflation) and capital equipment purchased during the year, City
Council further approved an increase in the Working Capital Advances
as of June 30, 1976 to the following funds:
City Garage $ 35,100
Print Shop 2 4SO
TOTAL ADVAN(IFS @3 550
ITEM #990S
On motion by Councilman Ferrell, seconde(I by Councilman Payne,
and by recorded vote as follows:
Ayes: Council Members John A. Baum, Robert B. Cromwell, Jr.,
George R. Ferrell, John R. Griffin, Mayor Clarence A. Holland,
J. Henry McCoy, jr., Meyera E. Oberndorf, J. Curtis Payne, R. I,.
Riggs, Vice llayor Patrick L. Standing, and Floyd l@. Waterfield, Jr.
Nays; None
Absent: Tione
City Council voted to approve the transfer of $2,S80,000 from the
General Fund to the Capital Projects Fund to cover expenditures
in closing the City's accounting records for the fiscal year 1976.
This amount will be replaced in the General Fund when the bond,
are sold. (City Council authorized a sale of bonds totaling $16,
million for various projects in the Citv which allowed projects to
begin without the actual sale of bonds @nd enabled us to draw from
the General Fund during the fiscal vear 1976.)
ITEM #9906
On motion by Councilman McCoy, seconded by Councilman Griffin,
and by recorded vote @is follows:
Ayes: Counc.il Members John A. Bauin, Robert B. Cromwell, Jr.,
George R. Ferrell, John R. Griffin, Mayor Clarence A. Holland,
J. Henry McCoy, Jr., Meyera E. Oberndorf, J. Curtis Payne, R. L.
Riggs, Vice Mayor Patrick L. Standing, and Floyd E. Waterfield, Jr.
Nays: None
Absent: None
City Council voted to approve an appropriation of $812,000 from the
General Fund to the IVater and Sewer fund. The City has loaned the
Virginia Beach Development Authority funds for the construction of
water and sewer facilities in amounts now totaling $812,000. Again,
as a year-end paper transaction, and since the Water and Sewer Fund
is in need of a portion of the total amount tbis appropriation was
necessary.
ITEM fl990-/
Mr. Winston Snyder, Attorney representing Mr. Michael Flynn,
addressed the City Council regarding their action of July 19,
1976, in which they upheld the decision of the City Manager
in denying a vendors permit to Mr. Flynn to sell "Italia, Ices"
from a pushcart on and in an area contiguous with the Virginia
Beach Boardwalk. The City Code requires certain permits, and,
in addition, a request must be made to the City Manager for his
approval to vend food, ice-cream aiid other similar items on the
boardwalk, and in the recreational area abutting the boardwalk.
Attorney Snyder recited the qualifications of the applicant and
his good reputation, and in addition presented Mrs. Grady and
Mrs. Flynn who attestecl to the applicant's good Tnoral character.
Then, in opposition to the approval of tiie permit, Mr. Buffington,
Mr. Halstead and Mr. Ned Caton, representing the Innkeepers Association,
indicated their understanding of the problem zind their sympathv for
the applicant and also commended his efforts; however, they felt that
Council's approval over the City Manager's action would tend to
encourage other persons to make similar ,ipplications which could
possibly open the door to indiscriniinate selling of all kinds of
merchandise on the boardwalk, the beach @ind other recreational areas
between the boardwalk and the property line behind the boardwalk
which could cause it to become full of litter and debris which could
be detrimental to the health and welfare of many persons, as WE@ll as
to mar the aesthetic @ippearinces of tfie COMML]nitv.
On motion by Councilwoman Oberndorf, seconded by Cotincilman Mc(:oy,
and by recorded vote @is I-ollows:
Ayes: Council Members J. Henry McCoy, and Meyera E. Oberndorf
Nays: Council Membei@s John A. Baum, Robert B. Cromwell, Jr.,
George R. Ferrell, John R. (@,riffin, Mayoi- Clarence A. Holland,
,J. Curtis Payne, R. I,. Riggs, Vice Niayor Patrick L. Standing,
and Floyd E. Waterfield, Jr.
Nays: None
City Council voted to deiiy the motion to deny the motion to rescind
the action taken by the City Manager, Mr. George L. fianbury, in which
he denied the applicati()n of Michael Flynn to permit the vending of
"Italian Ices" from a pushcart on oi, in the boardwalk as being detrimental
to the public health anci aesthetic @ippearance of tlie beach.
ITEM #9908
On motion by Councilman Payne, secoiided bv Councilman Waterfield,
and by recorded vote as follows:
Ayes: Council Members John A. Baum, Robert B. Cromwell, Jr.,
George R. Ferrell, John R. Griffin, Mayor Clarence A. Holland,
J. Henry McCoy, Jr., Meyera E. Oberndorf, J. Curtis Payne, R. L.
Riggs, Vice Mayor Patrick L. Standing, ancl lloycl E. Waterfield, Jr.
Nays: None
Absent: None
City Council voted to appoint Mrs. Phyllis A. Hitchler to the
Southeastern Tidewater Manpower Authority Policy Committee for
an indefinite term.
ITE14 #9909
On motion by Councilman Riggs, seconded by Councilman (-,riffin :i[,,d
by recorded vote as follows:
Ayes: Council Members John A. Baum, Robert B. Cromwell, Jr.,
George R. Ferrell, John R. Griffin, Mayor Clarence A. liolland,
J. Henry McCoy, Jr., @Nleyera E. Oberndorf, J. Curtis Payne, R.
Riggs, Vice Mayor Patrick I.. Standing, and Floyd l@. Waterfield, Jr.
Nays: None
Absent: None
City Council voted to cancel the Regular Meeting of September 13,
1976 due to the Municipal League Conferelice.
ITEM #9910
Mayor liolland requested City Council,if they had not already done
so, to notify the City t@lanager or his office of their intentions
to attend or not attend the meeting of the Municipal League Conference.
ITEiA,l #9911
On motion by Councilman Ferrell, seconded by Councilman Griffin,
and by unanimous vote, the meeting adjourned.
erk
City of Virginia Beacli,
Virginia
.July 26, 1976