AUGUST 4, 1975MINUTES OF THE H~NORABLE CITY COUNCIL
OF THE
CITY OF VIRGINIA BEACH, VIRGINIA
August 4, 1975
~e regular meeting of the Council of the City of Virginia Beach~ Virginia,
~s held in the Council Chambers, in the Administration Building, ~n the
Borough of Princess Anne, on Monday, August 4, 1975, at 2:00p.m.
The invocation was given by the Reverend Thomas C. Britton, '~ynnhaven Colony
United Church of Christ, Virginia Beach, Virginia. .
Councilmen present: John A. Baum, Robert H. Callis, Jr., Rob~ert B. Cromwell,
Jr., Vice Mayor George R. Ferrell, Charles W. Gardner, John R. Gr~iffin,
Clarence A. Holland, J. Henry McCoy, Jr., Mayor J. Curtis Payne,./~Patrick L.
Standing
Councilmen absent: Floyd ~. Waterfield, Jr.
ITEM #8716
On motion by Vice Mayor Ferrell, seconded by Councilman Griffin, and by
recorded vote as follows:
Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Robert B. Cromwell,
Jr., Vice Mayor G~orge R. Ferrell, Charles W. Gardner, John R. Griffin,
Clarence A. Holland, J. Henry McCoy, Jr., Mayor J. Curtis Payne, Patrick L.
Standing
None
~ ~ent: Floyd E. Waterfield, Jr.
City Council approved the minutes of the special meeting of July 28, 1975,
and dispensed with the reading of said minutes inasmuch as each Councilman
had a copy of the subject minutes before him.
ITEM #87t7
Mr. Tony Sturago appeared on this matter.
Adopted on second reading upon motion by Councilman Ferrell, seconded by
Councilman Gardner, and by recorded vote as follows:
Ayes: _Councilmen John A. Baum, Robert H. Callis, Jr., Robert B. Cromwell, Jr.
Vice M~ypr George R. Ferrell, Charles W. Gardner, John R. Griffin, Clarence A.
Holland, J. Henry McCoy, Jr., Mayor J. Curtis Payne, and Patrick L. Standing.
Nays: None
Absent: Councilman Floyd E. Waterfield, Jr.
Certified to be a true copy of the Minutes of the City Council of the City of
'-r/j~nia Beach, Virginia from the meeting of August 4, 1975.
Richard J/.~ebbon, City Clerk
AN ORDINANCE MAKING APPROPRIATIONS OF
INTEREST EARNED ON GENERAL REVENUE SHARING
FUNDS AND GENERAL REVENUE SHARING FUNDS
EXPECTED TO BE RECEIVED FOR FISCAL YEAR
ENDING JUNE 30, 1976, IN THE SUM OF FOUR
MILLION~ SEVEN HUNDRED SIXTY EIGHT THOUSAND
DOLLARS ($4,768,000) AND REGULATING THE ?AY-
MENT OF MONEY OUT OF THE CITY TREASURY
WHEREAS, the City of Virginia Beach has recieved interest totaling $631,338 from
investment of general revenue sharing funds on deposit; and
WHEREAS, the City of Virginia Beach expects to receive $4,136,662 from general
revenue sharing for fiscal year ending June 30, 1976~
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF T~IE CITY OF VIRGINIA BEACH,
VIRGINIA:
That the amounts herein named aggregating four million, seven hundred sixty eight
thousand dollars ($4,768,000) or so much thereof as may be necessary and received are
hereby appropriated for the following capital improvements for fiscal year ending
June 30, 1976.
Highway Projects
Sewer Projects
GRAND TOTAL
$3,309,750
1~458,250
$4,768,000
All balances of the appropriations unencumbered at the close of business on the
thirtieth day of June, 1976 are hereby carried forward to be expended for the purposes
set forth.
No department, bureau, agency or individual receiving appropriations under the
provisions of this ordinance shall exceed the amount set forth except with consent and
approval of City Council first being obtained, but it is expressly provided that the
restrictions with respect to the .expenditure of the funds appropriated shall apply only
to total amounts for types of projects set forth in this ordinance.
This ordinance shall be effective from and after date of adoption.
Firs't Reading: July 28, 197S
Second Reading: August 4, 197S
ITEM #8718
Adopted on second reading Upon motion by Councilman Gardner, seconded by
Councilman McCoy, and by recorded vote as follows:
Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Robert B..Cromwell, Jr.:
Vice Mayor George R. Ferrell, Charles W. Gardner, John R. Griffin, Clarence A.
Holland, J. Henry McCoy, Jr., Mayor J. Curtis Payne, and Patrick L. Standing.
.--Nays: None
Absent: Councilman Floyd E. Waterfield, Jr.
Certified to be a true copy of the Minutes of the City Council of the City of
Virg.i.nia Be~c~, Virginia, from the meeting of August 4, 1975.
RiF~i~--J~ ~bbon, y Clerk
The undersigned Clerk of the City of Virginia Beach,
Virginia, hereby certifies as follows:
A regular meeting of the Council of the City of Virginia
Beach was held on August 4, 1975, at which the following members were
present and absent:
PRESENT:
Councilmen John A. Baum, Robert H. Callis, Jr.,
Robert B. Cromwell, Jr., 'Vice Mayor George R.
Ferrell, Charles W. Gardner, John R. Griffin,
Clarence A. Holland, J. Henry McCoy, Jr., Mayor
J. Curtis Payne and Patrick L. Standing.
ABSENT: Councilman Floyd E. Waterfield, Jr.
An ordinance entitled "An Ordinance Authorizing the Issuance
of $13,550,000 Public Improvement Bonds of the City of Virginia Beach,
Virginia" having been~read at a special meeting held on July 28, 1975,
was duly adopted, as amended, on second reading at a regular meeting
held on August 4, 1975, by a roll call vote, the ayes and nays being
recorded in the minutes of the meeting as follows:
Ayes:
Councilmen John A. Baum, Robert H. Callis, Jr.,
Robert B. Cromwell, Jr., Vice Mayor George R.
Ferrell, Charles W. Gardner, John R.. Griffin,
Clarence A. Holland, J. Henry McCoy, Jr., Mayor
J. Curtis Payne and Patrick L. Standing.
NAYS: None
ABSTAIN: None
ABSENT: Councilman Floyd E. Waterfield, Jr.
'Attached hereto is a true and correct copy of the foregoing
ordinance as adopted and recorded in the minutes of such meeting and
as approved by the Mayor.
WITNESS my hand and the seal of the City of Virginia Beach,
this 4th day of August
, 19 75.
Clerk, Ci-fy-.o/f/Virginfa Beach,
Virginia
AN ORDINANCE AUTHORIZING THE ISSUANCE
OF $13,550,000 PUBLIC IMPROVEb~E~NT BONDS
OF THE CI'l~f OF VIRGINIA BEACH, VIRGINIA
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH.
VIRGINIA:
1. It is hereby determined to be necessary and expedient
for the City of Virginia Beach to construct and improve various
public facilities and improvements, all of which will promote the
development and pUblic Welfare of the City, and to borrow money for
such purpose~ and issue the City's general obligation bonds
therefor.
2. Pursuant to the authority of the Charter of the City of
Virginia Beach (Ch. 147, Acts of Assembly of 1962, as amended),
a. nd the Public Finance Act, as amended, there are hereby author-
ized to be issued Thirteen Million Five Hundred and Fifty Thousand
Dollars ($13,550,000) Public Improvement Bonds of the City of
Virginia Beach to provide funds, together with other funds that
may be available, ior the ~ollowing purposes:
Improve and extend streets and highways
$ 923,500
Planning, construction, site improve-
ments, enlargements and equipping o~
municipal buildings, including branch
libraries, fire station, fire train-
ing.center, headquarters and storage
building, school administration
building~ operations building, heli-
copter shop, Rudee Inlet Loop Wayside
and acquisition of Rose Hall Property
2,694,750
Planning, purchase and construction of
parks and recreation facilities, includ-
ing purchase of park land, plans for and
renovation of community centers and
construction of a fabrication shop
948,000
Improve and extend water and sewer
facilities, including construction of
storage tank, pump stations and lines
6,483,750 ~
Planning, construction, site improve-
ments, enlargements and equipping of
school facilities
2,500,000
Total
$13.~550~000
Any amounts not needed for any of such purposes may be used
for any other of such purposes.
3. The bonds shall bear such date or dates, mature at such
time or times not exceeding forty years from their dates, bear
interest at such rate or rates not exceeding the maximum rate
permitted by law at the time the bonds are sold, be in such
demomination and form, be executed in Such manner and be sold
at such time or times and in such manner~including the sale of the
same as one or more separate issues or in combination with the
sale of general obligation bonds heretofore or hereafter authorized
.for other purposes, as the Council shall hereafter provide by
appropriate resolution or resolutions.
4. The bonds shall be general obligations of the City of
Virginia Beach for the payment of principal of and interest on
which its full faith and credit shall be irrevocably pledged.
Adopted by the Council of the City of Virginia Beach,
Virginia on the-. ..... 4. day of Au~us~ ....
, 1975.
1st Reading:
2nd Reading:
July 28, 197S
August 4, 197S
ITEM #8719
On motion by Councilman McCoy, seconded by Councilman Gardner, an~ by
recorded vote as follows:
Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Robert B. Cromwell,
Jr., Vice Mayor George R. Ferrell, Charles W. Gardner, John R. Griffin,
---larence A. Holland, J.<Henry M~Coy, Jr., Mayor J. Curtis Payne, Patrick L.
tanding
Nays: None
Absent: FlOyd E. Waterfield, Jr.
City Council approved on second reading a transfer of sufficient funds to
the previously attached departments from the following sources:
General Fund:
Transfers from Reserves for Contingencies:
Mass Transit Operations
Managed Growth
Energy Cost Adjustments
Unappropriated Surplus
Total General Fund
$ 18,030
208,850
200,000
801.~000
Water and Sewer Fund:
Unappropriated Surplus
$41,100
ITEM #8720
On motion by Vice Mayor Ferrell, seconded by Councilman Standing, and by
recorded vote as follows:
Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Robert B. Cromwell,
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
Nays: None
Absent: Floyd E. Waterfield, Jr.
City Council approved on second reading an appropriation in the Emergency
Employment Act Fund with an equal adjustment to revenue estimates of
$81,350 for an adjustment in the FY 75 budget for funds which were received
from the Federal Government.
ITEM #8721
On motion by Councilman Holland, seconded by Councilman Griffin, and by
r~-~orded vote as follows:
A s: Councilmen John A. Baum, Robert H. Callis, Jr., Robert B. Cromwell, Jr.,
V~ce Mayor George R. Ferrell, Charles W. Gardner, John R. Griffin, Clarence
A. Holland, J. Henry McCoy, Jr., Mayor J. Curtis Payne, Patrick L. Standing
Nays: None
Absent: Floyd E. Waterfield, Jr.
City Council approved on first reading an ordinance to amend and reord=in
Section 22-134.1 of Article VI of Chapter 22 of the Code of the City of
Virginia Beach pertaining to par~ing violations:
Requested by:
City Manager
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 o%~er, within forty-eight 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 ~ive dollars
for each hour o~ fraction thereof during which such vehicle occupied~
a prohibited, restricted or reserved place, Such payment shall con-
stitute a plea of guilty of the violation ~
__ in question and is payable
at any 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.
KC payment is not postmarked, or received, by the City Treasurer
within forty-eight~hours after receipt of such notice, the fin~
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 6e issued for delinquent' parking citations.
An emergency exists and this ordinance shall be effective from
the date of its adoption.
Ad~pted by the Council of the City of Virginia Beach, Virginia
on the
JDB:er
7-25-75
day of , 1975.
First'Reading: August 4, 197~
Second Reading:
ITEM #8722
On motion by Councilman Gardner, seconded by Councilman Griffin, and by
-r.z, co?ded vote as follows:
les: Councilmen John A. Baum, Robert H. Callis, Jr., Robert B. Cromwell,
er., 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
Nays: None
Absent: Floyd E. Waterfield, Jr.
City Council approved on first reading an ordinance to amend and reordain
Section 22-160 of Article VII of Chapter 22 of the Code of the City of
Virginia Beach pertaining to parking violations:
Requested by:
City Manager
AN ORDINANCE TO AMEND AND REORDAIN
SECTION 22-160 OF ARTICLE VII 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 22-160 of Article VII of Chapter 22 be amended and.
reordained as follows:
Section 22-160:
eight hours.
Payment by owner of stipulated penalty within forty=
Each owner, after a notice is attached to the vehicle in question,
as provided in Section 22-159, shall pay a penalty of three dollars
for each hour or fraction thereof during which such vehicle occupied
a parking meter space illegally. Such payment shall constitute a
plea of guilty of the violation in question and is payable at any
office of the City Treasurer
' Any person who shall desire to contest a parking citation shall
present the citatim~ at any office of the City Treasurer, who shall
certify it on an appropriate form to the General District Court.
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 , 1975.
First Reading: August 4, a975
Second Reading:
~JDB: er .~.
7-25-75
on motion by Councilman Griffin, seconded by Councilman Holland, and by
recorded ~ote as follows:
A~es:~ Councilmen John A. Baum, Robert H. Callis, Jr., Robert B. Cromwell,
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
Nays: None
Absent: Floyd E. waterfield, Jr.
,'-'~y Council approved on first reading an ordinance to amend Section
-166 of the Code of the City of Virginia Beach relating to penalties
~ violation of Article VII, Chapter 22:
~.ReqUested bY: City Manager
AN ORDINANCE TO Al,fEND SECTION
22-166 OF THE CODE OF THE CITY
OF VIRGINIA BEACH RELATING TO
PENALTIES FOR VIOLATION OF
ARTICLE VII, CHAPTER 22
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF ViRGiNIA BEACH,
VIRGINIA:
Any person who shall violate any of the provisions of this
article shall be punished by a fine not less than five doliars
--nor more than fifty dollars for each offense. .'
An emergency exists and this ordinance shall be in full force
and effect from its adoption.
Adopted by the Council of ~the City of Virginia Beach, on the
day of_ , 1975.
First Reading: August 4, 1975
Second Reading:
JDB:er
7-25-75
ITEM #8724
~n motion by ~ice Mayor Ferrell, seconded by Councilman McCoy, and by
reco~ed ~ote as follows:
A~es: Councilmen John A. Baum, Robert H. Callis, Jr., Robert B. Cromwell,
'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
"-Vays: None
~bsent: Floyd E. Waterf~eld, Jr.
City Council approved the attached Resolution, to request the State High-
way and Transportation Commissioner to proceed with the acquisition of
necessary rights of way for Project U000-134-109, PE-I01, Witchduck Road,
and to convey title to the City of Virginia Beach. The City, in turn,
agreed to reimburse the State Highway and Transportation Department for
15~ of all costs incurred in the acquisition and conveyance of such rights
of way:
RESOLUTION
WHEREAS, Section 33.1-89 of the Code of Virginia, as
amended by the 1970 session of the General Assembly, authorizes
the State Highway & Transportation Commissioner to acquire rights
of way for the construction, reconstruction, alteration, mainte-
nance and repair of public highways within municipalities on
projects which are constructed with State or Federal participa-
tion; and
WHEREAS, Section 33.1-89, as amended, further provides
that the State Highway & Transportation Commissioner may exercise
such authority only upon receipt of official request from the
city or town involved, now
THEREFORE, BE IT RESOLVED, that the City Council of
the City of Virginia Beach hereby requests the State Highway &
Transportation Commissioner to acquire the necessary rights of
way for Project U000-134-109, PE-101, Witchduck Road within the
Corporate Limits of said City and to convey the title to such
right of way to the City of Virginia Beach and agrees to reimburs
the State Highway & Transportation Department for fifteen percent
(15%) of all costs incurred in the acquisition and conveyance of
such rights of way; and it is understood that such acquisitions
will be handled by the Commissioner under established policies
and procedures and his decision in all instances will be final.
City.Council defered action until August 18, 1975 on the application of
Autot~onic Systems, Inc. for a Use Permit. This application was adver-
tised to 'be heard at that time.
ITEM #8726
On motion by Councilman McCoy, seconded by Councilman Cromwell, and by
recorded vote as follows:
Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Robert B. C~omwell,
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
:ys: None
Absent: Floyd E. Waterfield, Jr.
City Council approved the low bid of Beach Building Corporation in the
amount of $363,986 for the construction of the Great Neck Library, and
further authorized the City Manager to execute contracts for the imple-
mentation of this project. Funds for a portion of the construction are
included in the 1975 Bond Issue.
ITEM #8727
Mr. Joel Smith made comments on this matter.
On motion by Vice Mayor Ferrell, seconded by Councilman McCoy, and by
recorded vote as follbws:
Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Robert B. Cromwell,
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
Nays: None
A_hsent: Floyd E. Waterfield, Jr.
~ ~y Council approved the low bid of W. B. Meredith, II, Inc. in the
a,,~ount of $2,884,000 for the construction of the community center in the
Kempsville area, and further authorized the City Manager to execute a
contract for the implementation of this project.
ITEM #8728
Mayor Payne informed a representative of the Virginia Beach Development
Council that he is asking Councilman Standing to recommend to City Council
what recommendations should be taken under advisement and possibly adopt
concerning the water supply to Virginia Beach.
ITEM #8729
Councilman Cromwell indicated that he had received a request from Mr. Gibbs of
the Ocean Park Civic League asking the City to determine the property lines an~
rights-of-way on certain unimproved roads in Ocean Park and on Shore Drive as ~
appears that public facilities are being placed on what might be private prope~
The City Manager was requested to investigate the matter.
ITEM #8730
On motion by Vice Mayor Ferrell, seconded by Councilman Holland, and by
recorded vote as follows:
A! ~: Councilmen John A. Baum, Robert H. Callis, Jr., Robert B. Cromwell,
J~ . Vice Mayor George R. Ferrell, Charles W. Gardner, John R. Griffin,
C'. ',ence A. Holland, J. Henry McCoy, Jr., Mayor J. Curtis Payne, Patrick L.
Standing
Nays: None.
Absent: Floyd E. Waterfield, Jr.
City Council approved the recommendation of the Arts and Humanities Com-
mission to extend their present terms of office to February 1, 1976 at
which time they will hold their_reorganizational meeting.
ITEM #873I
On motion by Councilman Gardner, seconded by Vice Mayor Ferrell, and by
recorded vote as fo'llsws:
Ayes: · Councilmen John A. Baum, Robert H. Callis, Jr., Robert B. Cromwell,
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
Nays: None
-"~,sent: Floyd E. Waterfield, Jr.
~ty Council will hold an executive session on Monday, August 11, 1975,
for the purpose of discussing items permitted for discussion under Section
2.1-344, subparagraph 1 through 6, inclusive, of the Freedom of Information
Act of the Commonwealth of Virginia.
ITEM #8732
On motion by Councilman Griffin, seconded by Councilman Callis, and by
unanimous vote, the meeting adjourned.
Ri~.~~y Clerk
Curtis Payee, Mayor
City of Virginia Beach,
Virginia
August 4, 1975