NOVEMBER 3, 1975MINUTES
· .~: TliE HONORABLE CITY
OF TIlE
CITY OF VIRGINIA BEACtt, VI~RGINIA
November 3,'19'75
The regular meeting of the Council of the City of Virginia Beach, Virginia, wa~
held in the Council Chambers, in the Administration Building, in the Borough oJ
Princess Anne, on Monday, November 3, 1975, at .2:00 'p~m.
The invocation was given by the Reverend Lee Beville, Baylake MethodiSt Church:
Virginia Beach, Virginia.
Councilmen present: Robert H. Callis, Jr., Vice Mayor 'George R. Ferrell,
Charles W. Gardner, John R. Griffin, Clarence A. Holland, J. Henry ~{cCoy, Jr.
Mayor J. Curtis Payne, Patrick L. Standing, and Floyd E. Waterfield, Jr.
Councilmen absent: John A. Baum, and Robert B. Cromwell, Jr.
ITEM # 8972
COUNCILMAN BAUM ENTERED MEETING AT 2:15 p.m.
On motion by Councilman Gardner, seconded by Vice Mayor Ferrell, and by record,
vote as follows:
Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Vice Mayor George R.
Ferrell, Charles W. Gardner, John R. Griffin, Clarence A. Holland, J. Henry
McCoy, Jr., Mayor J. Curtis Payne, Patrick L. Standing, Floyd E. Waterfield, J
Nays: None
Absent: Councilman Robert B. Cromwell, Jr.
City Council approved the minutes of the regular meeting of October 27, 1975,
and dispensed with the reading of said minutes inasmuch as each Councilman had
a copy of the subject minutes before him.
ITEM #8973
On motion by Councilman Waterfield, seconded by Councilman Gardner, and by
recorded vote as follows:
Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Vice Mayor George R.
Ferrell, Charles W. Gardner, John R. Griffin', Clarence A. Holland, J.
McCoy, Jr., Mayor J. Curtis Payne, Patrick L. Standing, Floyd E. }¥~aterfield, J
Nays: None
Absent: Councilman Robert B. Cromwell, Jr.
City Council approved on second reading a resolution to continue the HiT
Program until June 30, 1976; and further approved an appropriation of $4,025
in local matching funds for this program.
ITEM #8974
Mayor Payne infor~ned the press and the public that Council had been in. Executi
Session with Legal Counsel regarding Seagate Colony (Shore Drive Associates);
as this matter is still in litigation it would be inapprqpriate for Council to
comment at this time.
1TU~.,i ~; 89 7 5
On m'otion Dy-Councilman Gardner, seconded by Councilman Waterfield, and by
'recorded vote as follows:
Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Vice biaYor George R.
Ferrell, Charles W. Gardner, John R. Griffin, Clarence A. Holland,.J. Itenry
McCoy, Jr., btayor J. Curtis Payne, Patrick L. Standing, Floyd E. Waterfield, Jr
iq y No '-
a Si ne
Absent: Councilman Robert B. Cromwell, Jr.
__City Council approved the following ordinance to amend and reordain Article I,
Chapter 10, of the Code of the City of 'Virginia Beach, Virginia., relating to
misdemeanor offenses: -
AN ORDINANCE TO AMEND AND REORDAIN
ARTICLE I~ CHAPTER lO, OF THE CODE
OF THE CITY OF VIRGINIA BEACH, VA.,
RELATING TO MISDEMEANOR OFFENSES.
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That Article I, Chapter 10, of the Code of the City of Virginia Beach,
Virginia, is amended and reordained as follows:
Section lO-1. General Penalty.
Whenever in 'this Code or in any other ordinance of the City any act is
prohibited or is made or declared to be unlawful or an offence or a misdemeanor
or the doing of any act is required, or the failure, neglect or refusal to do
any act is declared to be unlawful or. an offense or misdemeanor, and no specific
classification has been ascribed to ii~, nor any reference made to any penalty or
punishment prescribed in the section or sections that thus define or include the
offense, then the violation of such provision of this Code or other ordinance of
the City shall be punished as a class i misdemeanor as hereafter provided.
Each day of any violation of the provision of any section of this Code
or other ordinance of the city shall constitute, except where otherwise provided,
a separate offense.
Section lO-l.1. Punishment for Classified Misdemeanors.
The authorized punishments for conviction of classified misdemeanors are:
(a) For a class I misdemeanor, confinement in jail for not more than
twelve months and a fine of not more than one thousand doll'ars, either or both.
(b~l F.qr ~'~s II m'~s.,"~,-,'~or~, ~on~:':nr, ment ~n .iai~ fa~ .... * .... ~,~-~ ~ '~'~
months and a fi, ne of not more than five hundred dollars, either or both..~
dollars.
ars.
(d) For a class IV misdemeanor, a fine of not more tha~ one hundred
~ be: iq fx!t farce and effective f'~', da~'° of' adeotion
Adopted,~ ~-:,.,.:- ~, ~:.-~ C<',~mc~ of~ the Cit.y of Virginia Beach, Virginia.., on the
$ e,a.} oc
DH Y / :::.?
On motion by :,i
vote as fo1':
Ayes: Count5 ~'
McCoy, Jr., ~!'
Nays: None
Absent
City Counci
of the Cit')'
weapons:
rt H ",~' Jr. Vice M. ay'''~ beorge R
('~-riffi'n, Clarence A. Holland, J. ~{enry
FI,~v(L i::t ~,~'at:~r-f~ eld, ,3'
~.':z"ick L. Standing, -.. ,
less than Iswent?
of the ju~y
words "Jpon convict'ion thereoi be fin,ed not
?::')ar~ '~"~ ye hundred ~ ' , ..
~'" do.,ars and in th~ discretion
case w~l':iloJt .~..j,.,~./? may, i~ ,~,,u, ,.,,. ,..~,~:~,
~.omm~tted to i:;':' '~'<'? ,',?--' , , ?!?.~'~ ~w~,,,e months", and substitute t,,,.refo~ the
words "be guilty
day o'? ~'~<:,v e;,k.9.::I .....:, ': '""5.
For si~ni :~ s'f;:,~.-~, ':- ' ~:ee c~,d., e~ Vi,<,o~n~'-~:, Section 18 2-305
ITEM #8977
On motion by Councilman Gardner, seconded by Council'man Callis, 'and by recorded
vote as follows:
Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Vice Mayor George
Ferrell, Charles W. Gardner, John R. Griffin, Clarence A. Holland, J. Henry
McCoy., Jr., Mayor J. Curtis Payne, Patrick L. Standi.ng, Floyd, E. Waterfield, Jro
Nays: None
Absent: CoUncilman Robert B. Cromwell, Jr.
~-~ity Council approved the following ordinance to amend Secti'On 23-51 of the Code
)f the City of Virginia Beach, Virginia, relating to tourist iuformation:
AN ORDINANCE TO AMEND SECTION 23-51
OF THE CODE OF THE CITY OF VIRGINIA
BEACH, V~RGINIA, RELATING TO TOURIST
INFORMATION,
BE IT ORDAINED B"{ THE COUNCIL OF 'THE CITY OF VIRGINIA BEACH, VIRGINIA,
That Section 23,~51t [~f the Code of the City of Virginia Beach, Virginia,
is amended as follows;
By deletin!j the ~ord "u~'~iawful'' and substituting therefor %he words
"a class 3 misdemeanors"
Adopted by the Cou?r:]ii ''' '
~ ~ne City of Virginia Beach, Virginia, on the
_ -day of Novembe ~' l .975~
ITEM #8978
.On motion by Councilman Ca?lis, seconded by Councilman McCoy, .and by recorded
vote' as follows: :
Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Vice Mayor George R.
Ferrell, Charles W. Gardner, John R. Griffin, Clarence A. Holland, J. Henry
McCoy, Jr., Mayor J. Curtis Payne, Patrick L. Standing, Floyd E. '~aterfield, Jr
Nays: None L::~ .. ~
Absent: Councilman Robert B. Cromwell, Jr.
-'~,±ty Council approved the following ordinance to amend Section 25-5 of the Code
,~ the City of Virginia Beach, Virginia, relating to adultery and fornication
.y persons forbidden to marry:
AN ORDINANCE TO AMEND SECTION 23-3
OF THE CODE OF THE CITY OF VIRGINIA
BEACH, VIRGINIA, RELATING TO ADULTERY
AND FORNICATION BY PERSONS FORBIDDEN
TO MARRY.
BE IT ORDAINED BY THE COUNC!L OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That Section 23-3 of the Code of the City of Virginia Beach, Virginia,
is amended as follows:
By deleting therefrom the words "fined not less than fifty dollars nor
more than two hundred dollars" and substituting therefor the words "guilty of a
class 1 misdemeanor."
Adopted by the Council of d~ City of Viroinia Beach, Virginia on t~e
3 day of November , 1975.
On ~otion by Councilman Gardner, seconded by Councilman Waterfield, and by
recorded vote as follows: :
Ayes: Councilmen Robert H. Callis, Jr., Vice Hayor George R. F. errelt, Charles
~. Gardner, John R. Griffin, Clarence A. Holland, J. Henry McCoy, Jr., Mayor J.
Curtis Payne, Patrick L. Standing, Floyd E. Waterfield, Jr.
Nays: Councilman John A. Baum , ~
Absent: Councilman Rober't B. Cromwell, Jr.
City Council voted to approve the following ordinance to amend Section 23-29
of the Code of the City of Virginia Beach, Virginia, relating to lewd and
lascivious cohabitation:
AN ORDINANCE TO AMEND SECTION 23-29
OF TIlE CODE OF THE CITY OF VIRGINIA
BEAC~I, VIRGINIA, RELATING TO LEWD
AND LASCIVIOUS COHABITATION.
BE IT OF~i?~IlilD BY 'ii!i'i CtXINCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That Section 23--29 of the {Code of the City of Virginia Beach, Virginia,
'is amended as follews:
By deleting the wor~, "they shall be fined not less than fifty dollars
nor more than f~ve hundred duli~Fs' and substituting therefor the words "each shall
be guilty of a class 3 misdemeanor'; and by deleting the words "they may also be
confined in jail uc~t ~{::~.s t~; ~ nor more than twelve months" and substituting
therefor the word:~ ~c~... ~ 'i:~ ~a't'l be guilty of a class 2 misdemeanor."
3
day of
City of Virginia Beach, Virginia, on the
ITEbl #8980
'On motion by Councilman Holland, seconded by Councilman Callis,'and by recorded
vote as follows:
Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Vice Mayor George R.
Ferre11, Charles W. Gardner, John R. Griffin, Clarence A. ttolland, d. Henry
McCoy, Jr., Mayor J. Curtis Payne, and Floyd E. Waterfield,
Nays: Councilman Patrick L. Standing
Absent: Councilman Robert B. Cromwell, Jr.
'--£ity Council voted to approve the following ordinance to amend Section 22 2S6
of the Code of the City of Virg~.nia Beach, Virginia, reiating to penaitie$ for
failing to stop for blind pedestrians:
AN ORDINANCE TO AMEND SECTION 22-256
OF THE CODE OF THE CITY OF VIRGINIA
BEACH, VIRGINIA, RELATING TO PENALTIES
FOR FAILING 'TO STOP FOR BLIND PEDESTRIANS
BE IT ORDAINED BY THE COUNCIL OF THE CiTY OF VIRGINIA BEACH, VIRGINIA:
That Section 22-2561 of the Code of the City of Virginia Beach, Virginia,
is amended as follows:
By adding at the end of said section the words: "Any person violating any
provisions of this section shall be guilty of a class 4 misdemeanor."
Adopted by the Council of the City of Virginia Beach, Virginia, on the
day of November , 1975.
1
For similar State law, see Code of Virginia, Section 18.1-212.1.
IT15M f~U~l
On niotion by Councilman Waterfield, seconded by Councilman Gardner, and by re-
corded vote as follows:
Ayes: Councillaen John A. Baum, Robert H. Callis, Jr., Vice Mayor George R.
Ferrell, Charles ~. Gardner, John R. Griffin, Clarence A. Holland, J. Henry
McCoy, Jr., Mayor J. Curtis Payne, Patrick L. Standing, Flo. yd E. Waterfield, Jr
Nays: None
Absent: Councilman Robert B~ Cromwell, Jr.
_..City Council approved the following ordinance to amend Section 22-87 of the
Code of the City of \,=i. rginia Beach, Virginia, relating to penalty for driving
under the influence of intoxicants:
AN ORDINAHCE TO AMEND SECTION 22-87
OF 1HE COi)E OF THE CITY OF VIRGINIA
BEACH, V!RGIHIA, RELATING TO PENALTY
FOR OR]?~NG ~iNDER THE INFLIJENCE OF
BE iT ORDF~,iNED ~$Y l;!L COilNCIL OF THE CiTY OF VIRGINIA BEACH, VIRGINIA:
Tha~: Sect ic. n ~'~ ~
,,:'.-,,, ~:;i:' the Cede of the City of Virginia Beach, Virginia, ~s
amended as fol]o~s-
By dei~i-o.,, ~,.,, t_he re~eFe~::, ro :~_ct~on 18.1-55.1" and substituting therefor
the words "section ~t;.v:._,.~,-,,,.,
Adopted h., h,, ,,., : i , ':;";e Ci'cv of' Vir~!inia Beach Virginia, on the
· ' ' ~ · ":-i? 5.
day of ;,~ ,.:
On motion by Councilma~ i,~>~., ~ , 3econded !~y Co:mcilman.'\'.-r*,,,,..~.,,,: , :,~d. by. r:=corded...
vote as follows:
Ayes: Councilmen John
Ferrell, Charles W.
McCoy, Jr., Mayor J.
~obert H. Caiiis, Jr., Vice Mayor Ceorge R.
G=q~fin Clarence ,,x Holland, J He:ary
Patrick L. S~and:ing, Floyd E. ~,¢ate'rfield? J
Nays: None
Absent: Councilman Robcrt ~i; ~.omv,:ell, Jr.
City Council approved the fo!i::wing ordinance to amend Section 22-86 bf the
Code of the City of "¢irgi. nia l:',::~:~ch, V:i.?'gir~:i_a, ::elating to penalties for drivin
under the influen~'c: <:,f ~;.~., ,: ~.5.
AN ORDINANCE TO AMEND SECTION 22-86 '
OF THE CODE OF THE CITY OF VIRGINIA
BEACH, VIRGINIA, RELATING TO PENALTIES
FOR DRIVING UNDER THE INFLUENCE OF
INTOX ICANTS.
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That Section 22-86 of the Code of the City of Virginia Beach, Virginia,
is amended as follows:
By deleting the first sentence and substituting therefor the words:
"Any person violating any provision of Section 22-84'shall be guilty of a class
2 misdemeanor"; and by deleting the reference to Sections "18.1-54 through 18.1-57"
and substituting therefor the sections numbered "18.2-266 through 18.2-269."
Adopted by the Council of the City of Virginia Beach, Virginia, on the
3 day of NoVember , 1975.
ITEM #8983
On motion by Vice blayor Ferrell, seconded by Councilman Holland, and by recorded
vote as follows:
Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Vice Mayor George R.
Ferrell, Charles W. Gardner, John R. Griffin, Clarence A. Holland, J. Henry
McCoy, Jr., Mayor J. Curtis Payne, Patrick L. Standing, Floyd E. Waterfield, Jr.
Nays: None
Absent: Councilman Robert B. Cromwell, Jr.
City Council approved the following ordinance to amend Chapter 11 of the Code
of the City of Virginia Beach, Virginia, relating to dance halls:
AN ORDINANCE TO AMEND CHAPTER ll OF .-
THE CODE OF THE CITY OF VIRGINIA BEACH,
VIRGINIA, RELATING TO DANCE HALLS
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That Chapter ll of the Code of the City of Virginia Beach, Virginia, is
amended as follows:
By deleting in Sections 11-4, 11-5 and 11-8 the words "director of public
safety" and substituting therefor the words "city manager", and by adding a new
section 11-13 as follows:
ll-13.1 Penalty. Any person violating any provision of this chapter shall be guilty
of a class 3 misdemeanor.
Adopted by the Council of the City of Virginia Beach, Virginia, on the ~
~day of ~ November , 1975.
1
For State law as to regulatiOn of dance halls, see Code of Virginia 18.2-433.
AFB/cj
9/25/75
On motion by Councilman Gardner, seconded by Councilman l{olland, and by record(
vote as follows:
A~es: Councilmen John A. Baum, [tobert H. Cal!is, Jr., Vice Mayor George R.
Ferrell, Charles W. Gardner, Joh~ R. Griffin, Clarence A. Holland, J. }[enry
McCoy, Jr., Mayor J. Curtis Pa)'ne, Patrick L. Standing, Floyd Eo Waterfield, J~
Nays: None
Absent: Councilman Robert B~ Cromwell, Jr.
City Council approved the fo]i.',:wing ordinance to amend and reordain Section 22-
---of Article VII of Chapter 22 i the Code of the City of Virginia Beach pertaim
to parking violations"
AN O~[)i~'!~N~CE TO AMEND AND REORDAIN
SECT!O"~ ?>--!60 OF ARTICLE VIIOF
Ch/\i':,~.~ :i.~ OF THE CODE OF THE CITY
?,i Vi~,~ii'~iA BEACH PERTAINING TO
?~,~?~ ~,:i ~ ~C)LATIONS.
BE IT ORDAI~,~ED ~::v i!'!E .....
'~ .... OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That Section ~.!2. ~~' ~
~ .... of ~.ti~.-~e VII of Chapter 22 be amended and reordained
as follows:
Section 22-160. Payment t:~ .... c'~,~,~~, '" of stipulated penalty within seventy-two hours.
Each owner, after a r~:~ ~... is ~t%ached to the vehicle in question, as provided
in Section 22-159~ ~i'~al~i u, ~Y of ~hre~ dollars for each hour or fraction
thereof durin,~ wbi~. ''~ s~ch., v~ ~: o~c.up,ed~ ~' ~ a parking meter space illegally. Such
pa~ent shall con :~t.~ ..... ~ ~,'~c~:~ ~f guilty of the violation in question and is pay-
able at any office of the Ci? '?easurer.
Any person who shall de, sire tc contest a parking citation shall present :the
citation at any office ~]'f' the.. .~ v~,o~o~.~,.~o._~,,row, who shall certify it on an apprbpriate
form to the General bistric~~'"~,~o~r~. ~
r~.c~ved by the City Treasurer within seventy-
If payment is not postmarked or ~ ~'
two hours after receipt of such notice~ the penalty for each hour or fraction thereof
during which such vehicle occupied a parking meter space illegally shall be s'ix
dollars.
The failure of such owner tc make such payment, or present such citation at
any office of the City Treasurer for certification to the General District CoUrt,
within 30 days shall render' such owner subject to the penalty provided in Section
22-166.
The ~'~
~,ty Treasurer shall ~.,:~use complaints, summons or warrants to be issued
for delinquent parking citations.
An emergency exists and this ordinance shall be effective from the date of
its adoption.
Adopted by the Council of ':ke City of Virginia Beach, Virginia, on the
day of November .., 1975,
3
ITEH #8985
On m~tion by Councilman Gardner, seconded by Councilman Holland, and by recorde,
vote as follows:
Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Vice Mayor George R.
Ferrell, Charles W. Gardner, John R. Griffin, Clarence A. Holland, J. Henry
McCoy, Jr., Mayor J. Curtis Payne, Patrick L. Standing, Floyd E. Waterfield, Jr
Nays: None
Absent: Councilman Robert B. Cromwell, Jr.
--'City Council approved the following ordinance to amend and reordain Section
22-134.1 of Article VI of Chapter 22 of the Code of the City of Virginia Beach
pertaining to parking violations:
AN ORDINANCE TO AMEND AND REORDAIN
SECTION 22-134.1 OF ARTICLE VI OF
CHAPTER 22 OF THE CODE OF THE CITY
OF VIRGINIA BEACH PERTAINING TO
PARKING VIOLATIONS.
BE IT ORDAINED BY THE COUNCIL OF THE CITY.OF VIRGINIA BEACH, VIRGINIA:
That Section 22-134.1 of Article VI of Chapter 22 be amended and reordained
as follows:
Section 22-134.1. Payment of Fine.
Each owner, within seventy-two hours of the time when a notice was attached
to the vehicle in question, for violation of a provision or provisions of Section
22-134, shall pay a penalty of five dollars for each hour or fraction thereof
during which such vehicle occupied a prohibited, restricted or reserved place.
Such payment shall constitute a plea of guilty of the violation in question and
is payable at the office of the City Treasurer.
Any person who shall desire to contest a parking citation shall present the
citation at any office of the City Treasurer, who shall certify it on an appropriate
form to the General District Court.
If payment is not postmarked or received by the City Treasurer within seventS-
two hours after receipt of such notice, the fine shall be ten dollars.
The failure of such owner to make such payment or present such citation at any
office of the City Treasurer for certification to the General District Court within
30 days shall render such owner subject to the penalty provided in Section 22-166.
The City Treasurer shall cause complaints, summons or warrants to be issued
for delinquent parking citations.
An emergency exists and this ordinance shall be effective from the date of its
adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
day of November , 1975.
3
ITEM # 89 86
Upon consideration of Item #16, concerning the amending of ordinance 636,
adopted July 28, 1975, regarding the posting of motor vehicle fuel prices,
the following citizens-businessmen addressed City Council:
Mr. Gary L. Denton, Assistant Executive Secretary Virginia
Gasol:lne Retailers Association, ,Inc.
Mr. Veronon T. Meeks, Laskin Gulf Station
3. Mr. Dan Rivera, Green Run Arco Station
'-~A consensus of their respective opinions is that the City Council, by adopting
the original ordinance requesting the posting of a certain type of sign
indicating the price per gallon of motor vehicle fuel, was entering into a fie]
over which it had no jurisdiction in that Jt was, by its act~on, "restraining"
fair trade and imposing on the agency type of gasoline operator an undue burder
in that their wholesale purchase price and retail sales price are control, led b5
the major oil companies. Whereas, the independent dealer could adjust his pric
voluntarily in accordance with hi:~ wholesale price.
The speakers indicated that all gasoline pumps contain on their indicators the
total price per gallon including tax and that motorists were free to drive up
to the pump to examine the price without being required to purchase gasoline.
It was further indicated by other speakers that such a posting, as required by
the ordinance, was detriment, tat to the safety of pedestrians and a traffic
hazard as many motorist, s remove their eyes from the road or street while lookir
· for the signs.
It was noted by Mayor Payne t. ha% the i~em before 'the City Council today was fo~
the purpose of amending the erdi~a~c.e ~:o ixoclude a penalty for failure to comp]
with the ordinance, whJ. ch would be a Class !II misdemeanor, imposing a file of
$500, and not a vote on 'the or~.!i]'i~rlce, which hsd been adopted July 28, 1975.
It had been found defecti~e by '~bc~ Ci~'cui% Court in that it did not contain a
penalty clause.
-atouncilmen Callis, Grifi!.i~:~ >~I,'. ',.y.~ Standing, and Waterfield all indicated thei~
Lispleasure with the o~"di~.'~;,~c thc ~'roposed amendnent.
Opon motion by Counci. i~aa Sta:m?,.~g, seconded by Councilman Waterfield, the
matter was brought '~o t. he ~oile~'~:.:r~g recorded vo~L:e on the question of adopting
the proposed amendment:
Ayes: Councilmen Jol~n ;~. l:;a.,m:, ¥~ice Mayor George R. Ferrell, Charles W.
Gardner, Clarence A. ~to]l~nc!.~ a.~i .~l'a)~or J. Curtis Payne
Nays: Councilmen Robert ~!, .ia.i. iJs, ,Jr., John R. Griffin, J. Henry McCoy, Jr.,
Patrick L. Standing, snd F.lo¥~d ~!~ Yate:~'field, Jr.
Absent: Councilman Robert B. Cromwell, Jr.
There being a tie vote the motion was lost, and the ordinance retains its
status quo of having no effective penalty requ~.rring compliance.
Councilman McCoy requested the C5. ty Attorney to prepare an ordinance to
rescind ordinance 636 in its entirety.
AN ORDINANCE TO AMEND AND REORDAIN
ORDINANCE NUMBER 636 OF THE CITY OF
VIRGINIA BEACH, VIRGINIA, PERTAINING
TO THE POSTING OF MOTOR.VEHICLE FUEL
PRICES.
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That ordinance number 636 of the City of Virginia Beach, Virginia, be
amended and reordained as follows$
Section 1. Posting of Motor Vehicle Fuel Prices-Signs Required Above Pumps.
Every person, firm, partnership, co-partnership, association, corporation,
or other legal entity engaged in the retail sale or otherwise dispensing gasoline
or other motor vehicle fuel at retail shall post and maintain on its premises
above the pump or pumps from which said gasoline or fuel is dispensed a sign
above each pump, readable from the dispensing side of the pump, indicating the
price per gallon, including all taxes, at which each type and grade of gasoline
or other motor vehicle fuel is currently being offered for sale, sold or otherwise
dispensed.
'Section 2. Variations in Price t(~ be F'osted.
Whenever the price fc~r each type and grade of gasoline differs within
the same premises because of a~l(~it~onal charges or discounts resulting from
services available on the premises, se'tf-.~elp of the purchaser of the gasoline,
bonuses or stamps a'¢ailable t~) consumers for reason of purchasing their gas on
the premises, or any o~+h~r reason, these different prices and the reason or
reasons for the difference sba ! be posted on a separate sign or signs of the
same size and in the same loca'!]i~]n as signs otherwise required by this section.
Whenever more than oF~e type or grade of gasoline or other motor vehicle
fuel, or a range of grades, are dispensed or sold from a single pump, whether
through one or more than one p~Imp hose, the sign or signs shall indicate the
prices for each type and grade of fuel, except that when a range of grades is
dispensed or sold Frm~'~ a ~'~,¥~ ~'!? ~ ,~i~-~ in~i.~ai~inq t!~e prices
and premium fue~ shall be
Section 3. Size and Content of Signs.
The signs required by this section shall be no less than ten inches
(lO") or greater than twelve inches (12") in height, and no less than ten !inches
(lO") or greater than twelve inches (12") in width; provided, that all signs
shall contain at least one hundred square inches (lO0 sq. in.) of sign area and
that no sign shall extend more than fifteen inches above the top of a pump, and
provided that all lettering shall be at least eight and one-half inches (8~")
high with a stroke width of at least one inch (1").
Whenever an advertised, or posted price per unit of weight, measure,
or count includes a fraction of a cent, all elements of the fraction shall be
prominently displayed and the numerals expressing the fraction shall be immediately
adjacent to, of the same general design and style as, and at least one-half the
height and width of the numerals representing the whole cents. The amount of
any taxes may not be shown separately in such advertising or posting unless the
words "plus tax" and the numerals expressing the taxes are prominently displayed
in letters and numerals of the same general design and style as, and at least
one-half the height and width of, the numerals representing the price set forth
above.
Section 4. Penalty..
Failure to comply with the requirements of this ordinance shall ~on.-
stitute a class III misdemeanor, puniShable as prescribed by Section lO-l,l of
the Code of the City of Virginia Beach, Virginia.
An emergency exists and this ordinance shall be effective upon passage.
Adopted by the Council of the'City of Virginia Beach, Virginia, On
the day of , 1975.
I : to a tie vote this ord, ina:'~co z"cta-~us i, tr; ::~tatus quo.
I~¢ember 3, 1975.
DHY/cj
10/23/75
On motion by Councilman Callis, seconded by Councilman Griffin, and by recorded
vote as follows: :
Name
x ~f Ticket
I
,Y ar T~x Number
,onald McCuistion 1975 CD # 65053
.ertha L Glenn 1974 PP # 916125
.urlage Terry E 1975 PP # 011234
'irginia Strand 1975 RE # 060'270
nc. Is t half
[arshall Ru.ssell 1975 RE # 037140
: Louise P 1st half
lark Alice J 1975 RE # 010984
is t half
1975 RE # 010985
fie
.ud~ey L L 1975 RE # 016689
Ist & 2nd
orth Bay Devel 1975 RE # 042737
/o L L Goldman 1st half
'otter Lucille B 1975 RE #.046352
ttn.- Dean Potterl 1st half
otter Lucille B 1974 RE # 044270
ttn: Dean Potter 1st & 2nd
eay Co. Inc. 1974 RE # 063190
iutual Fed S & L 1st & 2nd!
Ayes: Councilmen John A. Baum, Robert ii. Callis, Jr., Vice Mayor George R.
Ferrell, Charles W. Gardner, John R. Griffin, Clarence A. Holland, J. Henry
McCoy, Jr., Mayor J. Curtis Payne, Patrick L. Standing, Floyd E. Waterfield, Jr.
Nays: None
Absent: 'Councilman Robert B. Cromwell,
City Council approved the following tax refunds in the amount of $3266.64:
~~~ rressurer
D~er+
ion I Da
~10-
13193 i 12-
13249
5025 t
474~
4712
471.0
4838
61
5031
5030
5072
Above abatements totaling
~- ']Inte'~
,te Pen- ~ Total
:id Base alty 'est
-14-75 7.51
-5-74 21.01
[0-75 38.2~
[0-75 [,472.81
! ,
~0-75 100.8~
~0-75 i 50.40 77.4t
~0-75 I 27.00
_9-75 I .16 .3:
:.9-75i .16
..0-75 22.5~
_0-75 479.61
.0-74 232.55 465.1(
· 5-74 232.55
· 5-74 283.57 14.18 581.3~
· 5-74 283.57
5-19
5-19
6-10
6-
12-
12-
12-
Above applications for =efund of taxes approved. Date
'~ L~ / ~'~ "~' / .... '~' '
' ale Bimson, City Attorney
"~'~, /(,'{,. "';,,"'Approved by C~ty Council
Richard J,, Webbon,
City Clerk
On motion by Vice Mayor Ferrell, seconded by Councilman itolland, and by
vote .as follows:
Ayes: Councilmen John A. Baum, Robert !~. Callis, Jr' , Vice Mayor George R.
Ferrell, Charles W. Gardner, John R. Griffin, Clarence A. Holland, J. Henry
McCoy, Jr., Mayor J. Curtis Payne, Patrick L. Standing, Floyd E. Waterfield, Jr.
Nays: None
Absent: Councilman Robert B. Cromwell, Jr.
City Council approved the following ordinance for appointment of viewers in
the matter of closing, vacating and discontinuing a portion of Clevelanld
--~treet, located in the City of Virginia Beach; and also a portion of Potomac
;treet, located in the City of Virginia Beach:
IN THE F~TTER OF:
CLOSING, VACATING AND DISCONTINUING A
PORTION OF CI,EVELAND STREET, LOCATED IN
THE CITY OF VIRGINIA BEACH, VIRGINIA
and
IN' THE .MATTER OF:
CLOSING, VACATING AND DISCONTINUING A
PORTION OF POTOMAC STREET, LOCATED IN
THE CiTY OF VIRGrNIA BEACH, VIRGINIA
PETITION
PURSUANT to Se:.+::k~P, ]5.1.-364 of the Code of Virginia of
1950, as amended, E!~<N> PEF'.BROKE ASSOCIATES, a limited
partnership, by couns,%~, respectfully prays that this
Honorable Council will a.loi~t the following ordinances:
(1) An ordinance, a copy of Which is attached hereto,
directing 'ahe vacation, closure and discontinuance of the
following-described portion of Cleveland Street, to-wit:
ALL THAT certain portion of "CLEVELAND
STREET" located in the City of Virginia
Beach, Virginia, situated between the
eastern right of way line of "CONSTITUTION
DRIVE" and the western right of way line
of "SEVENTH STREET" shown on that certain
plat entitled "PLAT OF A PORTION OF SUNNY
BROOK (M.B. 5, P. 201) FOR EIGEN PROPERTIES
BAYSIDE BOROUGtt - VIkGINIA BEACH, VIRGINIA",
dated June~ 1975, prepared by Marsh and
Basgie¥, ~'?c~ , E~:~qineers-.Surveyors-
~ ~ Office of thc
Circuit ~c~.~"~r~. o[ t~.,c Ci!, r>f Virginia
Beach, 'V~.~;~ ~.~:~.a~ ~,' Map '~'~,s~."~',.,,: ]_~]0~ at
page 12, ar;,:, wJ~,:N refe-r~:~nc9 to which
plat said ,ort~on of CI~EIELAND STREET"
is more particularly beunded and des-
cribed aa follows, to-wit:
Beginning at a point at the intersection
of the northern right of way ].ine of
"CLEVELAND STREET" and the eastern right
of way ]j:-{.; ~)f "~'O?{S[PIT[JTION DRIVE" as
shown on khe af~-c, said plat; t:honce
'-2--
way line of "CLEVELAND STREET" and the
western right of way line of "SEVENTH
STREET", as shown on the aforesaid plat!;,
thence turning and running $. 07°12'00"
W~, a dist,.nce of 50 feet to the point of
in{~ersect.i.on of the southern right of way
~ ~ of "C!Z{]VELAND STREET" and the western
riqht of ~-~-~¥ line of "SEVENTH S~.~REET , as
s~m~, ~ ~nn. t~l~e aforesaid plat- thence turning
an.:::t )R:~n;:~'~ [:-'~ S2~8'03'' W., a e.~stan~e, of
~3~ 9'? ~:. [o the ~oint of intersection
~: ~ ..... ~n ~:::_ght of way line of
':--~,Fw~ AN': .:;t,~,,::,~ and the eastern right of
~,.;~.y' i::t~e ,..~ ~ ..... .~ITOZION DRIVE , as shown
(-:~ the ~f:-:~:t,:~::~Jd ~iat; thence turning and
runn~rg i~ :~ ~:w)t~'Lnerly direction along the
east,_~rr: rlc~'~]: c.J way line of "CONSTITUTION
13~21t~'r~ a ': ~ ......... ~ of .~,0 feet to the point
(2) A:~. ,: copy of which is attached hereto,
directing tl~.. v'~' ~' ~. ..'~iosure and discontinuance of the
followino-de .... : ~ 'm of
~.~ ~ ~ ,~ ~ vt. Potomac Street, to-wit:
ALI, ':' ~ "
~ , ~ . .~ a por'tion of POTOMAC
i_n the City of Virginia
, a:rtd being more particu-
,nd descrll:.ed according to
,a~ entitled ~'PLAT OF A
2Y BROOK (M.B. 5, P. 201) FOR
NS BA. YS].DE BOROUGH - VIRGINIA
,-," dated June, If~75, prepared
'asg'i. cr, I~C~ , Engi. neers-Surveyors-
ni_n I~:'~:ach., VirginJ. a, duly
.2 erk~s Office of the Circuit
-y of V:~rgir:Ja Neach, Virginia,
a.t. page 12, as foAl. ows, to-wit:
Beg~..'~n:i . :~{ _~ po:i.ni:~ at the intersection
of the. s;:,~it:!~Fn right of way line of
"PO'PO~g~,[ :'~'.:'i',',ET" :{nd the eastern right of
way lin~: .. 2ON~TITUTION ])RIVE", as shown
on the a', ",~ ~aid plat; thence running
N. 07°03~ l.':~' E~, a distance of 50 feet
to the [w~',:~{ of intersection of the
northern z~,~t of way line of "POTOMAC
STREET~ a:-~<'~, the eastern right of way line
of "CONST!!I~TION DRIVE", as shown on the
aforesaid i ~.t; thence turning and running
[',~ ',22°48~' ~" ~}~. , a distance of 319.74 feet
to, , ~.;~_~J.~.' . the intersection of the
casLcrn } '~ of lot~ 31, in Bloc]{ 25 and
~hc nori:.~;- riqht of way line of "POTO~g~C
~ ~'i<SET'~ ~: ~ wn. ,:':,n t. ne a::oresaid plat;
-3-
thence turning and running So 07012'00'' W.,
a distance of 50 feet to a point at the
intersection of the eastern line of lot 9,
in Block 34 and the southern right of way
line of "POTOM~%C STREET", as shown 'on
the aforesaid plat; thence turning and
running N. 82048'03'' W. a distance of
319.62 feet to a point, the point of
beginning. .~ -~
Petitioner, by counsel, respectfully represents the
following:
1. That it is the owner of a fee simple estate in all
the property abutting the above-described portion of Cleveland
Street and the above-described portion of Potomac Street.
2. That the Notice of the proposed closing of the
above-described portion of Cleveland Street, and of the
above-described portion of Potomac Street, required by
Section 15ol-364 of the Code of Virginia of 1950, as amended,
has been given by posting a copy of same at the Courthouse
of the Circuit Court of the City of Virginia Beach., Virginia,
and at twc other public places in the sa].d City.
3. That it believes no inconvenience would result
from the closing, vacation and discontinuance of the above-
described portion of Cleveland Street or from the closing,
vacation and discontinuance of the above-described portion
of Potomac Street.
Respectfully submitted,
EPCO PEMBROKE ASSOCIATES
Robert E. Farmer,
KAUFMAN, OBERNDORFER AND SPAINI!OI}R
2030 Virginia National Bank Building
Norfolk, Virginia 23510
IN TItE MATTER OF:
CLOSING, VACATING AN[) DISCONTINUING A
PORTION OF CLEVELAND STREET, LOCATED IN
THE CITY OF VIRGINIA BEACH, VIRGINIA
and ~
iN THE [~ATTER OF:
CLOSING~ VACz, TIN~ AND DISCONTINUING A
PORTION OF POTOMAC STREET, LOCATED IN
~ ~.~v OF VIRGINIA BEACH, VIRGINIA
THE ..........
r
APPOINTING 'VIEWERS
WHEREAS, EPCO PEMBROKE ASSOCIATES, a limited partner-
ship, has ~li~,,en duc~ and proper notice, in accordance with
the provisions of 'A~ction 15.1-364 of the Code of Virginia
of 1950, a? amcm~{~d~ :nt. Jh would on this day apply to the
City Counc~l ,?}' '~: ~!.~V ,of Virginia Beach, Virginia, for
(1) Vo~': t~'~e of viewers to view the herein-
after descri!'c'~ :..:~:-~ .'~: of Cleveland Street and to report in
writinq t '-, ~-!":,: l.. ~:' : ',,,'~ ........ in the opinion of the
viewers, any, a,,,~d ir :~:o wl~at, inconvenience would result
-- ~ ......... ntJ_nuanoe of same~ and ~f
the said. VieV,f<:':~::: F.,.!?,3Ltl that no inconvenience would resul't ~
~ '~> ':': ::.onar prays that this Honorable Councii
therefrom, VOltr ~ 6~. ~ ~J
will adopt an ordina~,ge directing the vacating, closure and
discontinuancc of the following-described portion of Cleveland
Street, to-wit
ALL THAT certain portion of "CLEVELAND
STP, EET" located in the City of Virginia
Beach, Virginia, situated between
eas'tern right, of way line of "CONSTITUTION
DRIVE" and the wes-horn right of way line
of "SBVE'~,"i~ ~?T[~i~rlT'~ sNo'wn on that corta:Jn
plat u:;~t _'.:l~:d ' Pii.,A.:.; {_1~.~ it P(.}t{ii,)N (,['
BROOK (Pi.N. 5: ]-:. 201) F(~[{ EiGLN i:ROPERTIfi~S
basg ic.r, t nc:., r:;n(~ [nears-. :Ti u. rvelf ors-
Planners, Virgi:~ia Beach, Virginia, duly
-2-
recorded in the Clerk's Office of the
Circuit Court of the City of Virginia
Beach, Virginia, in Map Book 110, at
page 12, and with reference to which
plat said portion of "CLEVELAND STREET"
is more particularly bounded and des-
cribed as follows, to-wit:
Beginning at a point at the intersectio~
of the northern right of way line of
"CLEVELAND STREET" and the eastern right
of way line of "CONSTITUTION DRIVE" as
shown on the aforesaid plat; thence
turning and running S. 82°48'03" E.,
a distance of 632.01 feet to the point
of intersection of the northern right of
way line of "CLEVELAND STREET" and the
western right of way line of "SEVENTH
STREET", as shown on the aforesaid plat;
thence turning and running S. 07o12'00''
W., a distance of 50 feet to the point of
intersection of the southern right of way
line of "CLEVELAND STREET" and the western
right of way line of "SEVENTH STREET", as
shown on the aforesaid plat; thence turning
and running N. 82o48'03'' W., a distance of
631.97 feet to the point of intersection
of the southern right of way line of
"CLEVELAND STREET" and the eastern right of
way line of "CONSTITUTION DRIVE", as shown
on the aforesaid plat; thence turning and
running in a northerly direction along the
eastern right of way line of "CONSTITUTION
DRIVE", a distance of 50 feet to the point
of beginning.
(2) For the appointment of viewers to view the herein-
after described portion of Potomac Street and to report in
writing to the Council whether, in the opinion of the
viewers, any, and if so what, inconvenience would result
from closure, vacation and discontinuance of same; and if
the said viewers report that no inconvenience would result
therefrom, your petitioner prays that this Honorable Council
will adopt an ordinance directing the vacating, closure and
discontinuance of the following-described portion of Potomac
Street, to-wit:
ALL THAT certain portion of "POTOMAC
STREET" located in the City of Virginia
Beach, Virginia, and being more partic~a-
larly bounded and described according to
that certain plat entitled'"PLAT OF A
PORTION OF SUNNY BROOK (M.B. 5, P. 2011, FOR
EIGEN PROPERTIES BAYSIDE BOROUGH - VIRGINIA
BEACH, VIRGINIA", dated June, 1975, prepared
by Marsh and Basgier, Inc., Engineers-Surveyors-
Planners, Virginia Beach, Virginia, duly
recorded in the Clerk's Office of the Circuit
Court of the City of Virginia Beach, Virginia,
in Map Book 110, at page 12, as follows, 'to-wit:
Beginning at a point at the intersection
of the southern right of way line of
"POTOMAC STREET" and the eastern right of
way line of "CONSTITUTION DRIVE", as shown
on the aforesaid plat; thence running
N. 07o03'34'' E., a distance of 50 feet
to the point of intersection of the
northern right of way line of "POTOMAC
STREET" and the eastern right of way line
of "CONSTITUTION DRIVE", as shown on the
aforesaid plat; thence turning and running
S. 82o48'03'' E., a distance of 319.74 feet
to a point at the intersection of the
eastern line of lot 31, in Block 25 and
the northern right of way line of "POTOMAC
STREET" as shown on the aforesaid plat;
thence turning and running S. 07°12'00'' W.,
a distance of 50 feet to a point at the
intersection of the eastern line of lot 9,
in Block 34 and the southern right of way
line of "POTOMAC STREET", as shown on
the aforesaid plat; thence turning and
running N. 82048'03'' W. a distance of
319.62 feet to a point, the point of
beginning.
NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE
CITY OF VIRGINIA BEACH, VIRGINIA THAT R. 3. Scott ,
William W. Fleming, Jr. and George E. Tinnes , are
hereby appointed to view the above-described portion of
Cleveland Street and the above-described portion of Potomac
Street, and to report in writing to the Council on or befor~
, 1975, whether, in their opinion any, and if so
what, inonvenience would result from the closure, vacation
and discontinuance of said portion of Cleveland Street
and/or said portion of Potomac Street.
ADOPTED by the Council of the City of Virginia Beach,
Virginia, on , 1975.
On motion by Councilman Gardner, seconded by Vice }.layer Ferrell, and by reco~d
vote as follows:
Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Vice Mayor George R.
l':errell, Charles W. Gardner, John R. Griffin, Clarence A. Holland, J. ttenry
McCoy, Jr., Mayor J. Curtis Payne, Patrick L. Standing, and Floyd E. Waterfieli
Nays: None ', '
Absent: Councilman Robert B. Cromwell, Jr.
City Council adopted the following resolution objecting to the Corps of
Engineers' interpretation of the FederRl Water Pollution Act and indicating
that the Corps of Engineers is, in many ways, duplicating efforts of local
agencies and is placing an unnecessary hardship on local residents while not
adding in any significant measure to the public health, safety or welfare of
our citizens:
R E S O L U T I 0 N
WHEREAS, Congress has enacted PL 92-500, including
amendments to the Federal Water Pollution Control Act; and
WHEREAS, cour~ action involving Section 404 of the above
Act establishes an interpretation which further increases
the authority of the corps of Engineers in regard to the
regulation of "waters of the United States"; and
wHErEAS, certain c~f these activities within the City
of Virginia Beach are already adequately and thoroughly
regulated at the local level through implementation of the
Erosion and Sedimentation Control Ordinance and Wetlands
Section of the Comprehensive Zoning Ordinance; and
WHEREAS, regulation by the Corps of Engineers duplicates
and in many cases overrules the efforts of local agencies
in these role~; and
W~E~EAS, such involvement of the Corps of Engineers
F
represents an unnecessary and severe hardship on l~cal
residents while not adding in any significant measure to the
public health, safety, or welfare.
NOW, THEREFORE, BE IT RESOLVED: That the United States
Corps of Engineers be strongly urged to consult with and
cooperate with local authorities in the City of Virginia Beach
to prod~ce review procedures designed to streamline the permSt
process and recognize and make use of the expertise of ioca.i.
authorities in every possible instance, especially where the
impact of the proposed activity is purely local in nature.
.. ITEM #89!)0
On motion by Councilman Griffin, seconded by Counci'lman Standing, and by
recorded vote as follows:
Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Vice Mayor George R.
Ferrell, Charles W. Gardner, John R. Griffin, Clarence A. Holland, J. IIenry
McCoy, Jr., Mayor J. Curtis Payne, Patrick L. Standing, Floyd E. Waterfield, J~
Nays: None
Absent: Councilman Robert B. Cromwell, Jr.
City Council adopted the following resolution requesting the Federal IIigh.way
Administration to remove the requirement of construction of an 8-foot tall
fence along the proposed Great Neck Road; with the stipulation that the followJ
wording be omitted "in favor of mounds/berms topped with shrubbery, if an abat~
ment mechanism is needed or required."
RESOLUTION
WHEREAS, for a number of years the City of Virginia Beach has
endeavored to alleviate the severe traffic problems generated by
Great Neck Road; and
WHEREAS, Virginia Beach City Council has previously declared the
improvement of this road system as one of the City's priority road
projects; and
WHEREAS, each day's delay in completing the project adds to the
congestion problems and increases traffic accident potential; and
WHEREAS, the City is now ready to complete the Great Neck Road
Project from Virginia Beach Boulevard to Shorehaven Drive.
NOW, THEREFORE, BE IT RESOLVED: That the City Council of the
City of Virginia Beach objects to the noise abatement walls require.~
ment since its imposition has halted current improvements to the road
because of the necessity to acquire additional right-of-way.
BE IT FURTHER RESOLVED: That construction and maintenance of
such a noise abatement wall will substantially increase initial and
continued maintenance costs of the road.
BE IT FURTHER RESOLVED: Tha't the State Department of Highways
and Transportation is requested to eliminate the noise abatement
wall requirement.
Cit~y Council received a report from thc City ~la.n,t~.cr in which he lnu.~c:~t, cd
on October 8, 1975 bids were opened for the Virginia Beach Correctional
Ti~e following firms submitted base bids in the allied, lit noted:
W. M. Jordan
J. W. Creech
Duke Construction
Basic Construction
Castle Construction
Hyman, Doule and Russell
$5,270,000
5,274,000
5,274,800
.5,385,000
5,512,387
5,587,000
It was noted that all of the base bids exceeded the amount of $5,000,000 which
~had been autho~'i, zed by the public referendum. -.
The original b;.i specifications contained a request for alternate bids to be
calculated by the ommission of the following items'
The use of coated aluminum security toilet fixtures in lieu
of stainless steel fixtures
2. Plastic lined chill water piping in lieu of ceramic lined piping
3. Omit barber chair and beauty salon equipment
4. Omit heat reclamation system
The alternate bids which eliminated the previously listed items ~,ere submitted
as follows:
J. W. Creech
W. M. Jordan
Duke Construction
Basic Construction
Castle Construction
Hyman, Doyle and Russell
$5,221,685
5,244,900
5,249,500
5,366,900
5,462,001
5,546,000
~.~he base bid of W. M. Jordan totaling $5,270,000, was the iow base bid, and
.he bid of J. W. Creech, totaling $5221,685, was the low alternate bid.
City Council was disappointed that the bids exceeded the mandatory authority
granted by the public referendum of $5,000,000. The Council was critical of
the inclusion of a barber shop and beauty salon in the specifications. Counci]
also questioned the substitution of aluminum toilet fixtures in lieu of stain-
less steel fixtures, and questioned the elimination of the heat reclamation
system.
The City Manager had recommended the Creech bid as being the lowest alternate
bid, however, as the Council appeared to be dissatisfied with the bill process
in its entirety, he agreed that W. M. Jordan did have the low base bid and
asked direction from City Council as to its wishes.
There was some discussion before the City Council by Mr. F. Reid Ervin, in
which he indicated that he had an interest in the bid of J. W. Creech as an
Electrical-Mechanical Contractor. Mr. Ervin felt that the bid should' be
awarded to J. W. Creech as the low alternate bidder.
Mr. Nat Macon, representing W. M. Jordan, the low base bidder, appeared before
City Council claiming that as his company had submi-~d the low base bid it
should be awarded to them with the direction that the base bid be negotiated
to conform to the expenditure authority of $5,000,000 g!anted by the referendm
'-'ter due deliberation and a question to the City Attorney as to wheti~er the
uncil could legally approve a bid in excess of the $5,000~,~00 ~Fpr,~ed !~v
b!ic referendum, Councilman Standing made a motion, seconded by (]o~nc~ ].man
~'aterfield, to reject all bids submitted for tt~e construction of the ¥irgi~]a
Beach Correctional Center as being in excess of $5,000,000, and to further'
direct the City Manager to readvertise l'or bids upon the proposed construction
utilizing a base bid procedure. The reco~'ded vote is as follows:
Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Vice ~ayor George Ii.
Ferrell, Charles W. Gardner, John R. Griffin, Clarence A. Holland, J. }Ienry
McCoy, .Ir., Mayor J. Curtis Payne, Patrick L. Standing, Floyd E. Waterfield, J'
None
Absent: Councilman Robert B. Cromwell, Jr.
In conformity with the authority granted to it by the Code, City Council
voted to reject all bids submitted for the construction of the Virginia Beach
Correctional Center, as being in excess of the $5,000,000 expenditure authority
approved by public referendum; and further directed thc City,Manager to re-
advertise for bids upon the proposed construction utilizing a base bid procodur
ITEM #8992
~On motion by Councilman Griffin, seconded by Councilman Holland, and by recorde
vote as follows: :
Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Vice Mayor George R.
Ferrell, Charles ~. Gardner, John R. Griffin, Clarence A. Holland, J..I-[enry
McCoy, Jr., Mayor J. Curtis Payne, Patrick L. Standing, Floyd E. Waterfield, Jr
Nays: None
Absent: Councilman Robert B. Cromwell, Jr.
City Council voted to approve standard water .and sewer agreements for Squire
Lawn Subdivision, in the Lynnhaven Borough; and further authorize the City
Manager to execute the necessary agreements.
ITEM # 8993
Mr. Michael Oskner appeared before City Council requesting Council to prevent
building on 30-foot lots in the Shadowlawn Heights section of Virginia Beach.
Council informed Mr. Oskner that as they were lots of record he should take
his case before the Board of Zoning Appeals.
ITEM #8994
--On motion by Councilman Ca!lis, seconded by Councilman Baum, and by recorded
zote as follows:
Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Vice Mayor George R.
Ferrell, Charles W. Gardner, John R. Griffin, Clarence A. Holland, J. Henry
McCoy, Jr., Mayor J. Curtis Payne, Patrick L. Standing, Floyd E. Waterfield, Jr
Nays: None
Absent: Councilman Robert B. Cromwell, Jr.
City Council will hold an executive session on Monday, November 10, 1975, for
the purpose of discussing matters permitted for discussion under Section 2.1-34
subparagraphs 1 through 6, inclusive, of the Freedom of Information Act of the
Commonwealth of Virginia.
ITEM #8995
On motion by Councilman Holland, seconded by Councilman Waterfield, and by re-
corded vote as follows:
Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Vice Mayor George R.
Ferrell, Charles W. Gardner, John R. Griffin, Clarence A. Holland, J. tienry
McCoy, Jr., Mayor J. Curtis Payne, Patrick L. Standing, ~Floyd E. Water. field, Jr
iys: None
~asent: Councilman Robert B. Cromwell, Jr.
City Council voted to recess into Executive Session at 4:00 p.m.
-. ITEM #8996
Counci! reconvened into formal session at which tim% the City:~lerk called the
roll The fol
· low~n~ Councilmen were present:
Councilmen John ^. Baum', Robert H. Callis, Jr., Vice Mayor George R. Ferre11,
Charles W. Gardner, John R. Griffin, Clarence ^. Holland, J. Henry ~cCoy, Jr.
~ayor J. Curtis Payne, Patrick L. Standing, and Floy. d E. Waterfield, Jr.
Absent: Councilman Robert B. Cromwell, Jr.
On motion 'by Councilman Gardner, seconded by Councilman Standing, and by
~--clamation, City Council adjourned at 4:30 p.m. .~. ~
.. I
RiChard J. ~.ebbon, City Cle'rk
~J. Curtig ?ayne, ~ayoF'
City of Virginia Beach,
Virginia
November 3, 1975