JULY 28, 1975 MINUTES OF THE SPECIAL MEETING
OF THE
CITY OF VIRGINIA BEACH, VIRGINIA
July 28, 1975
special meeting of the Council of the city of Virginia Beach, Virginia, was
,~eld in the Council Chambers, in the Administration Building, in the Borough
of Princess Anne, on Monday, July 28, 1975, at 8:00 p.m., for the purpose of
considering and acting upon regular City business.
The invocation was given by the Reverend Dorsel Moyers, St. John's Baptist
Church, Virginia Beach, Virginia.
Councilmen present: 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.
Councilmen absent: Floyd E. Waterfield, Jr.
ITEM # 8686
The City Clerk requested City Council to authorize a correction in the minutes
of July 21,1975 by the insertion of the following in relation to the Circuit
Court Clerk, "...who has requested that he be allowed to consider joining the
plan January 1, 1976 since his budget year goes from January 1 to December 31."
(Item # 8674)
'~:x--=-x· motion by Councilman Gardner, seconded by Councilman Griffin, and by
~.~ ..... ~corded 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.
City Council approved the minutes, with the correction of Item # 8674, of the
regular meeting of July 21, 1975, and dispensed with the reading 'of said minute:
inasmuch as ea~ch Councilman had a copy of the subject minutes before him.
ITEM #8687
On motion by Councilman Holland, 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.
ys: None
Absent: Councilman Floyd E. Waterfield, Jr.
Mayor Paymintroduced the following Resolution honoring Miss Joan Ernestine
Grady .as a representative of the pulchritude of the ladies of Virginia Beach
and congratulated her upon her selection as Miss Virginia 1975; in addition,
on behalf of the City Council, he wished her success in achieving the title
~of Miss America.
,Mayor Payne allowed Miss Grady to speak at which time she expressed appre-
ciation to the citizens of Virginia Beach for their moral support during her
efforts to become Miss Virginia. At this time she also introduced Miss Polly
Pierce her chaperon and mentor.
The regular meeting of the Council of the City of Virginia
Beach, Virginia, was held in the Council Chambers of the City on
the 28th day of July, 1975.
On motion by Mr. Holland and seconded by Mr. McCoy
the following resolution was adopted.
RESOLUTION
WHEREAS, Joan Ernestine Grady has lived in Virginia Beach for
most of her life, graduating from the Kempsville High School; and
WHEREAS, she has served with distinction as the reigning Miss
Virginia Beach for the past year; and
WHEREAS, she has now gained further honor and distinction for
herself, her family, and the City of Virginia Beach by being selected
as Miss Virginia; and ~. ~
WHEREAS, her beauty, talent, and intellect are sue that she will
represent the Commonwealth of Virginia at the Miss America Pageant;
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
THAT the Council desires to express its warmest congratulations
to Joan Ernestine Grady for her achievements, and offers to her the
best wishes and support of the entire City in her quest to become
Virginia's first Miss America; and
BE IT FURTHER RESOLVED, that the Clerk of the City be directed
to have prepared in suitable style, copies of this Resolution for
delivery to Joan Ernestine Grady and to her parents, Mr. and Mrs.
John C. Grady.
ITEM #8688
Mr. Aubrey Cartwright and Larry Lavuron, President of the Jaycees, appeared
before Council and presented Mayor Payne with an honorary membership to
./kcknowledge his cooperation and support 'in the general objectives ,'~f the
aycees, specificly in the work and study of the Virginia Beach ~-:.:~orrow
rogram.
Mayor Payne stated he appreciated the honorary membership and commended them
for their organization of the many things they have done for the City, and
again thanked them for nominating the City of Virginia Beach for an Ail America:
.City award.
ITEM #8689
On motion by Vice Mayor Ferrell, 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, and Patrick L. Standing.
Nays: Councilman Robert B. Cromwell, Jr.
Absent: Councilman Floyd E. Waterfield, Jr.
City Council approved on second reading authorization to the City Manager to
accept funds in the amount of $714,631 availa~i~ under the Comprehensive
Employment Training Act and to expend the monies ta the appropriate departments.
ITEM #8690
vn motion by Councilman Gardner, seconded by Councilman Cromwell, 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.
Mr. Alfred Wood appeared.
City Council aPproved on second reading authorization to the City Manager to
make temporary loans to the Industrial Development Authority in amounts, 'the
total of which will not exceed $1,050,000; interests to be at the prevailing
rate for such loans on the Bond Buyers Index. It is anticipated that the total
loans will be repaid prior to the end of the fiscal year from sales of
industrial properties.
ITEM #8691
O.~n motion by Councilman Gardner, seconded by Councilman McCoy, and by
orded vote as follows:
~,j~s: 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.
City Council approved on second reading the Yarger Report regarding the
salaries proposed for the personnel in the offices of the Constitutional
Officers. The City Council appropriated $46,850 from the Reserve for
Contingencies to the various accounts. The salary adjustments will be
effective, retroactive to July 1, 1975, to-~all personn¢:l o~ th~ Con'stithtional
Officers' staff except tha~ o3 the ~lerk of ~he Circuit Court who has requested
that he be allowed to .consider joining the plan January 1, 1976 since his
budget year goes from January 1 to December 31.
ITEM #8692
On motion by Councilman McCoy, seconded by Councilman Ferrell, 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.
Mr. Thomas C. Broyles appeared before City Council.
City Attorney prepared an ordinance which would authorize the City Manager to
execute a deed quit-claiming the City's interest in a portion of a drainage
easement located on Lot 36, Larkspur Section 4.
City Council, therefore, approved the following ordinance to declare it excess
and authorize the City Manager to execute the deed.
Requested by: City Manager
AN ORDINANCE AUTHORIZING THE CITY
MANAGER TO EXECUTE A DEED QUIT-
CLAIMING THE CITY OF VIRGINIA
BEACH'S INTEREST IN A PORTION OF
A CERTAIN DRAINAGE EASEMENT LOCATED
ON LOT 36, LARKSPUR SECTION 4
WHEREAS, a portion of a brick garage and driveway has been
constructed in the drainage easement as shown on a certain survey
which is attached to this ordinance and incorporated by reference
herein; and.
WHEREAS, it has been determined by the Department of Community
Services that such portions of said drainage easement are not
needed by the City.
THEREFORE BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
That such portions of said drainage easement as shown on
the attached plat are declared to be excess and that the City
Manager is authorized to quit-claim, the interest of the City to
the said property owners.
Adopted by the Council of the City of Virginia Beach, Virginia
on the 28 day of July ~ 1975.
· HOWN ON' T~I~
KEMPSVI£L£ ~MEADOWS GOLF ~
COUNTRY CLUB
N 6~ I0' 00"£
OI~ICK
1~4LK '--,.
: ~4.9°
Om motion by Coumcilman Gardner, seconded by Councilman Baum, and by
recorded vote as follows:
.74 S 6 5°10 '~
PHYSICAL SURVEY
OF
LOT $$, LARKSPUR, SECTION 4 ~ ~, ~ ~
FOR
EDWARD t~.
VIA t KER ' ~ CA R O L ANN. ~A L KER
KEMPSVILLE BOROUGH- VIRGINIA BEACH, VIRGINIA
SCALE.· I"-- $O' dUt~E I~, 1975
ROUSE- SIRINE ASSOCIATES, LTD.
SURVEYORS AND ~NGINEERS
VINGINI~ BEACH~ VI~GINt~
ITEM # 869 3
Ayes:
· PIH
Councilmen John A. Baum, Robert H. Callis, Jr., Robert B. Cromwell,,. __Jr''
Absent: Councilman Floyd E. Waterfield, Jr.
Mayor Payne read a letter from Mr. Robert L. Loher, Inspection Services
Administrator, regarding a survey he requested about gasoline-service stations.
Mr. Alfred ~ood appeared before Council in opposition to this ordinance.
After considerable disscussion, City Council voted'to approve the following
ordinance requiring the posting of motor vehicle fuel prices: requiring signs
'above pumps and variations in price to be posted and establishing size and
content of signs.
Requested by:
Mayor J. Curtis Payne
AN ORDINANCE REQUIRING THE POSTING OF
MOTOR VEHICLE FUEL PRICES: REQUIRING
SIGNS ABOVE PUMPS AND VARIATIONS IN
PRICE TO BE POSTED AND ESTABLISHING
SIZE AND CONTENT OF SIGNS
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA:
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.
The owner of the pump or pumps shall supply and install the
necessary frames, inserts, figures, numerals or other apparatus
necessary for compliance herewith; the person, firm, partnership,
corporation or other legal entity doing business at retail shall be
responsible for the proper maintenance of said signs.
Section 2. Variations in Price to be Posted
Whenever the price for each type and grade of gasoline differs
within the same premises becanse of additional charges or discounts
resulting from services available on the premises, self-help of the
purchaser of the gasoline, bonuses or stamps available to consumers
for reason of purchasing their gas on the premises, or any other
reason, these different prices and the reason or reasons for the
difference shall be posted on a separate sign or signs of the same
size and in the same location as signs otherwise required by this
section.
Whenever more than one 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 pump 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 from
a pump, only a Sign indicating the prices for regular and premium
fuel shall be required.
Section 3. Size and Content of Signs
The signs required by this section shall be no less than ten inches
(10") or greater than twelve inches (12") in height, and no less than
ten inches (10") or greater than twelve inches (12") in width;
provided, that all signs shall contain at least one hundred square
inches (100 sq. in.) of sign area and that no sign shall extend more~
tha~ 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.
This ordinance shall be effective on August 21, 1975.
Adopted by the Council of the City of ~irginia Beach on the
28 day of July , 1975.
JDB:er
7-14-75
an ootion by Councilman Standing, seconded by Councilman Gardner, and by
reclirded vote as follows:
Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Robert M. Cromwell, Jr.,
yice 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.
t---:y Council approved the following ordin'ance to amend Chapter 2 of the Code
t the City of Virginia Beach, Virginia, by deleting the present Article V and
s_.ostituting therefore Articles V and V-A, relating to Departments of Police
and Fire Protection.
Requested by: City Manager
AN ORDINANCE TO AMEND CHAPTER 2 OF
THE CODE OF THE CITY OF VIRGINIA
BEACH, VIRGINIA, BY DELETING THE
PRESENT ARTICLE V AND SUBSTITUTING
THEREFOR ARTICLES V AND V-A, RELATING
TO DEPARTMENTS OF POLICE AND FIRE
PROTECTION
BE IT ORDAINED BY THE COUNCIL OF THE .CITY OF VIRGINIA BEACH,
VIRGINIA: t
That Chapter 2, Article V of the Code of Che City of Virginia
Beach, is amended by deleting the present Article V and substituting
therefor the following:
ARTICLE V.
DEPARTMENT oF POLICE
Division 1. Powers Generally.
Section 2-48. Composition.
The department of police shall consist of a chief of police, who
shall be the head of the department, together with officers and men as
provided by law.
Section 2-49. Assignment of shifts, duties, etc.
The chief of police shall assign all members of the department of
police to their respective posts, shifts, details and duties.
Section 2-50. Rules and regulations.
The chief of police with the approval of the City Manager shall
make rules and regulations concerning the operation of the department
of police, the conduct of the officers and employees thereof, their
uniforms, arms, other equipment and training.
and present danger thereof, the chief of police is hereby empowered
to regulate, restrict, or prohibit any assembly of persons or the
movement in the city of persons or vehicles.
Section 2-50.2. Authority of assistant chief of police.
In the absence or incapacity of the chief of police, the assistant
chief of police shall have authority to act in his place with respect to
civil commotion or disturbance.
Section 2-50.3. Penalty for violation of division.
Any person violating regulations or restrictions promulgated
pursuant to this division shall be guilty of a misdemeanor and shall
be punished accordingly.
Division 3. Unclaimed Property in Custody.
Report of property remaining unclaimed in custody of
police.
Section 2-53.
It shall be the duty of the chief of police or his designate on
the first Monday of each month to deliver a rePort, which is verified
by oath, to the city manager of all money, goods, wares, and merchan-
dise then remaining unclaimed for a period of one month in the custody
of the department of police.
Section 2-54. Advertisement and sale of unclaimed property.
Upon delivery of the report referred to in section 2-53, the city
manager may give notice by advertisement once a week for two successive
weeks in some newspaper of general circulation in the city to all
persons interested in or claiming such goods, wares, and merchandise
in question that, unless claimed by the owner with satisfactory proof
of such ownership before a specified day, the same will be sold at a
place specified in such notice at public auction to the highest bidder,
and on the day and at the place specified in such notice all such goods,
wares and merchandise remaining unclaimed shall be sold at auction by
the city manager or under his direction; provided, that in any event,
-2-
such advertisement and sale shall be accomplished not later than six
months after the last sale.
Section 2-55. Sale of perishable goods.
If any goods, wares, merchandise, or chattels which are of a
perishable nature, or which shall be expensive to keep, shall at any
time remain unclaimed in the custody of the police department, it
shall be lawful for the city manager or the chief of police to sell
the same at public auction, at such time and after such notice as to
them shall seem.proper.
Section 2-56. Disposition of unclaimed money and proceeds of sales.
The city manager or the chief of police, whichever shall have
conducted the sale in Section 2-54 or SeCtion 2-55, shall immediately
after the sale of any property in accord~nce with this division, pay
?
to the city treasurer all money remaining unclaimed in the custody of
~the police department and all monies received upon such sale, after
deducting the expenses of such sale.
Division 4. Records and Reports.
Section 2-56.1. Certain records and reports to be furnished or copied
by department of police.
The department of police is hereby authorized to furnish copies
of certain reports and records, to provide certain reports and records,
to provide certain services and to establish fees, all enumerated
hereinafter.
Section 2-56.2. Same - designated.
The department of police is hereby authorized to furnish photo-
static copies of accident reports, offense reports, photographs of
motor vehicle accidents (only after'all criminal charges are disposed
of by the court), to make record checks and reports (local record only),
to take fingerprints of individuals on request and allow offense
reports to be viewed by proper persons.
-3-
· Section 2-56.3. Same - fees.
For the above services the following fees shall be charged:
Photostatic copy of accident report .......
Photostatic copy of offense report .....
Record check by name (local record o~1~) . . .
Record check and report by name (local only) . .
Fingerprinting of individuals on request . . .
Pulling an offense report to be viewed onl~ .
Photographs (8x10) of motor vehicle accident~, '
· . $2.00
· . $2.00
· . $1.00
· . $2.oo
· . Sz.oo
· . $ .50
only after all criminal charges have been disposed
of .by the court - each print (full set only) .... .$3.00
ARTICLE V-A. DEPARTMENT OF FIRE PROTECTION
Division 1. Fire Protection.
Section 2-57. Composition.
The department of fire protection shall be composed of the fire
companies and the volunteer fire companies located throughout the city,
headed by a chief of fire protection.
Section 2-58. Fire companies - composition.
The fire companies shall consist 'of officers and employees as
shall be provided by the city manager or the chief of fire protection.
Section 2-59. Same - Area to 'be served..
The fire companies shall serve such areas as shall be designated
by the chief.
Section 2-60. Same - Rules and regulations.
The fire chief, with t~e approval of the city manager, shall make
rules and regulations concerning the operation of the department, the
conduct of the officers and employees thereof, their uniforms, equip-
ment, and training.
Section 2-61. Composition of volunteer fire companies in city.
Each volunteer fire company within the city shall consist of a
volunteer fire chief within the fire department and such other officers
and members as are provided for in their by-laws and the provisions of
this chapter. Each volunteer fire company shall formulate rules and
regulations subject to the approval of the city manager for uniform,
-4-
conduct and operation of the volunteer fire companies, inclhding areas
of cooperation and minimum number of personnel.
Division 2. Fire Inspectors
Section 2-62. Generally.
Within the department of fire protection, there shall be a fire
inspector and fire investigators as may be provided by the city manager
or by orders of the fire chief. The fire inspector shall be responsible
for enforcement of the Fire Prevention Code, adopted by Section 16-5
of this code and related laws of the city and state. T~ fire investi-
gators shall have police powers in the investigation and prosecution
of all cases of alleged arson and of other cases of fire alleged to
involve criminality.
Ail provisions pertaining to Bureau of Safety and Traffic
Engineering are hereby repealed.
Adopted by the Council of the City of Virginia Beach, Virginia,
on the .... 28 day of July , 1975.
7/15/75
ITEM #8695
On...~notion by Councilman Holland, seconded by Councilman McCoy, and by
recorded vote as follows:
._Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Robert B. Cromwell, Jr.,
Vic'e Mayor George R. Ferrell, Charles W. Gardner, John R. Griffin, Clarence A.
~olland, J. Henry McCoy, Jr., Mayor J. Curtis Payne, and Patrick L. Standing.
Nays: None
Absent: Councilman Floyd E. Waterfield, Jr.
Mr. W. H. Kitchin, III appeared before the City Council in favor of this
ordinance.
City Council held in obeyance any action on the foil'owing proposed ordinance
to amend and reordain Section 6-73 of the Code of the City of Virginia Beach,
Virginia, relating to ball playing on and adjacent to the each from Rudee Inle
to 42nd Street.
BE 'IT ORDAi?2~SD BY 5'2/?.'. COL!i:iCIL OF THE CITY OF VIRGIl'[IA BEACiI,
Ball playing, or t]~s use of frisbees on the sand beach, the
boardwalk and the gras?,y k~oll west of the boardwalk, from Rudee
Inlet ou the so~th to &2n:l Street on the north from 10:00 A.I4.
to 5:00 P.M. from 1.femoris~l Day to Labor Day Shall be discouraged
by the mcmbers of the patrol and failure of visitors to obey~their
warnings shall be reported to the captain. If such practice
continue,s, the captain shall notify the po]ice to eject said
persons engaged in said activity from the above specified, areas.
Adopted by the Council of the City of Virginia Beach on the
_ day of ,~ 1975.
, ITF~M #8696
On motion by Vice Mayor Ferrell, 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., ~4ayor J. Curtis Payne, and Patrick L. Standing.
~ays: None
Absent: Councilman Floyd E. Waterfield, Jr.
City Council voted to appoint viewers in the matter of closing a portion of
Providen¢~ Road (Kempsville Borough).
IN THE MATTER OF CLOSING VACATING
AND DISCONTINUING A PORTION OF
PROVIDENCE ROAD
PETITION
TO:
THE MAYOR AND THE MEMBERS OF THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
Petitioner, RICHARD F. HUMPHRIES respectfully
represents:
1. That pursuant to the provisions of ~ection 15.1-364
of the Code of Virginia, 1950, as ~a~.ended, the said petitioner
applies for the vacating, closing and d~continuing of a portion
of a certain road situate in the Borough of Kempsville, City
of Virginia Beach, Virginia, and described as follows:
ALL THAT CERTAIN portion of Providence Road
designated as Parcel A and Parcel B, containing
0.365 acre, more or less, as appears on that
certain plat entitled, "Street Closure Plat of
Portion of Providence Road adjacent to Avalon
Hills: 1"=50', May 12, 1975, Kempsville
Borough, Virginia Beach, Virginia, Consultant
Engineering Services, Inc., 305 Birchwood
Drive, Virginia Beach, Virginia" and further
described as follows:
Beginning at a point at the VDH Monument on
Beryl Avenue at its southwest intersection with
old Providence Road at the northeast corner of
property of Richard F. Humphries, et ux, and
from said point of beginning turning and running
along a cur~e to the left having a radius of
1,579.52 feet and an arc length of 140.27 feet
to a pin; thence continuing along the curve to
the left of a radius of 1,579.52 feet and an
arc length of 106.33 to a pin which is located
at the southeast side of a certain VEPCO Right
of Way Easement; thence turning and running North
56 53 20 East for a distance of 267.16 feet to a
point located at the southern Right of Way of
Providence Road (relocated); thence turning along
a curve to the right having a radius of 5,153.43
feet and an arc length of 25.76 feet to a point;
thence continuing along the curve having a radius of
5,153.43 feet and an arc length of 130.66 feet
to a point; thence along a curve to the right
having a radius of 20 feet and an arc length
of 38.02 feet to a point which is the extended
western right of way of Beryl Avenue; thence
along said right of way south 14°25'35'' West
73.35 feet to the point of beginning.
2. That no inconvenience will result to any person
by reason of the said closing, vacating and discontinuing of
this portion of said road, and petitioner p~ ~.~s that this
Honorable Council appoint Viewers as provided by the aforesaid
statute to view the portion of the said road to be ~losed and
report in writing to this Council on or before ~
, 1975, whether, in the opinion of the said
Viewers, any, and if any, what inconVenience would result from
the discontinuing of this portion of said road.~
3. That on the /~ day of ~J~ . , 1975
notices of the presenting of this application were posted at the
Courthouse of the Circuit Court of~.the City of Virginia Beach,
Virginia, and at two other public plac&~ within t~e said City,
as evidenced by the affidavit attached hereto, and a copy of
said notice, and the land owners along and adjacent to said
street desire and request the said portion of Providence Road to
be closed, as shown by the attached letter.
Respectfully submitted,
RICHARD F. HUMPHRIES
COUNSEL
ORDINANCE APPOINTING VIEWERS
WHEREAS, RICHARD F .... HUMPHRIES.. has given
due and proper notice, in accordance with the statutes for
such cases mad and provided, that it would on this day apply
to the City Council of the City of Virginia Beach, Virginia, for
the appointment of Viewers to view the below described property
and report in writing to the Council whether, in the opinion
of said Viewers, any, and if any, what inconvenience would
result from the discontinuing of the hereinafter described portion
of Providence Road in the Kempsville Borough of the CitY of
Virginia Beach, Virginia, and have filed such application with
the said Council. ~
NOW, THEREFORE, BE IT ORDAIneD. BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA:
are hereby appointed to view the below described property and
report in writing to the Council on or before
whether in their opinion, any, and if any, what inconvenience
would result from the discontinuing, closing and vacating of
that certain portion of Providence Road, located in the Borough
of Kempsville, City of Virginia Beach, Virginia, and described
as follows:
ALL THAT CERTAIN portion of Providence Road
designated as Parcel A and Parcel B, containing
0.365 acre, more or less, as appears on that
certain plat entitled, "Street Closure Plat of
Portion of Providence Road adjacent to Avalon
Hills: 1"=50', May 12, 1975, Kempsville
Borough, Virginia Beach, Virginia" and further
described as follows:
Beginning at a point at the VDH Monument on
Beryl Avenue at its southwest intersection with
old Providence Road at the northeast corner of
property of Richard F. Humphries, et ux, and
from said point of beginning turning and .running
along a curve to the left having a radius of
1,579.52 feet and an arc length of 140.27 feet
to a pin; thence continuing along the curve to
the left of a radius of 1,579.52 feet and an
arc length of 106.33 feet to a pin which is located
at the southeast side of a certain VEPCO Right
of Way easement; thence turning and running 'North
56°53'20'' East for a distance of 267.16 feet to a
point located at the southern Right of Way of
Providence Road (relocated); thence tu~ing along
a curve to the right having a radius of 5,153.43
feet and an arc length of 25°76 feet to a point;
thence continuing along the curve having a radius
5,153o43 feet and an arc length of 130.66 feet
to a point; thence along a curve to the right
having a radius of 20 feet and an arc length
of 38.02 feet to a point which is the extended
western Right of Way of Beryl Avenue; thence
along said right of way south 14°25'35'' West
73.35 feet to the point of beginning.
ITEM #8697
On motion'by Vice ~ayor George R. 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 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.
~-~ty Council voted to approve the following tax refunds in the amount of
19.17.
Date 7-15-75
Subject: Application for Tax Refunds
The following applications for refund of taxes totaling $
.and certified for payment, as set forth below:
219.17
V. A. Etheridge
Treasurer
-- Type Tax ~ ~'~ e--'~r -
Name .Tax of Ticket ~tion Date Pen- Inter Total
Year T~x Number fo. Paid· Base slty est
~ura G Dixon 1975 CD # 111 7-1-75 7.50
helma C Hogge 1975 CD ~/ T-2302 1-20-75 10.00
o~ssett John M 197'5 PP # 031381 13034 6-10-75 ' 121.50
ole William M & 1975 RE # 012056 4661 6-6-75 21.00
~ily L .... 1st Half
oyce James D 1975 RE # 031170 4467 5-23-75 11.25
ls t half
oodall Charles 1975 RE # 064407 4666 5-20-75 23.96 47.92
Sr. & Dorothy 1st & 2nd 5b~0~75 23.96
Above applications' for refund of taxes approved. Date 75
AbOve abatements totaling
Da] Bimson, City Attorney,
Approved by .ty,,-Counc il
City Clerk'
ITEM #8698
L
',On motion by Councilman Baum, seconded by Councilman Holland, and by
~zorded vote as follows:
~ ~s: 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.
City Council voted to appoint Mr. Arthur Bergman as Assistant City Attorney for
the City of Virginia Beach.
ITEM #6699
On motion by Councilman Holland, 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. Grif, fin, Clarence A.
Holland, J. Henry McCoy, Jr., Mayor J. Curtis Payne, and Patrfck L. Standing.
Nays: None ' · ',. ~.
Ab.~ent: Councilman Floyd E. Waterfield, Jr. '
C. f Council voted to approve the transfer of sufficient funds to the attached
d~partments from the following sources:
General Fund:
Transfers from Rese.~-ves for.' Contingencies:
Mass
Energy Cost Adjustments
Unappropriated Surplus
Total General Fund
$ 18,030
208,850
200,000
801,000
Water and Sewer Fund:
Unappropriated Surplus
~41,100
City Council further voted to approve 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.
DETAIL OF YEAR.-END ADJUSi'ig!<NY
Code
Additional
/'!Epr'.
Genera] Fund:
01010
01011.
02010
O4010
O4O12
04020
06020
06120
OSOlO
09011
09012
09013
09020
Municipal Council
City C]~ ~-
City I':~maser
Commissioner of the Revenue
City Real Estate Assessor
Treasurer
Commonwealth's Attom~ey
Juvenile Detention Home
Director of Social Services
Auxiliary Police
Animal Contuol
Coroners
Bureau of Fire
46,000
5,700
2,400
5,900
90O
7,900
3,100
3,700
32,700
6,400
14,i00
300
57,300
09024..-. -Fores(fy . -. · ...... =..-=-.~t,~ ......................
-:':;:::~';V ="..,':~":- 10012.2 :=.:..=,_:Dredg~ .Op_eratio~s~: ......... . .... ~ ...... _.
'-? ............... ..... ":":"~'-" ...... - lOll0'il'.:!= .... 'Hi. ghw~.y Division 'i ' ":;""; ...... 2'" ...... 9 :' -~` ...... 525,800
_ . ' '10210 ..... . Engzn~er~ng a~d T~affic Division t ....... :"208;850 '
10311 Refuse Disposal .... 36,400
10411 Inspection Services ~,500
10520 Back Bay Salt Water Project 5,600
10541 Erosion Commission - Administrative 3,700
1054,5 Erosion Coz~anission - Electric Booster 3,400
11010 Director of Parks and Recreation 200
'_<~..: j : .... 11021" ~ Parks~land Haintenance .............................. ~....-.._ 29,200 .....
5~%~h:~i?. ~ '.. i. ~ --110607:3,,]~ [ ~i i B o a rd~a 1 k -T rain s i. -i_ i.i-i !l-i~j.~] ~;%~ .... :,'--'.~4- ~:,: ~.:t~.z~ 2,900 -[ {[~:'i:[. ~ ~ .~: i
.<{z~:..~..:,,_ ~ ~_:: 12010~ r~:,~__Virgz~5~.a Beach Library. 5~ ~u~:z~3~qza.-b ;:,~:.Li~.zz:/iL_8,400 .... z:__--- --=-"- -
................... 14010 .............. VPI'E~tension Service ~' ...... ' .......' ............ 60[ ........ ' .......
~ater and Sewer Fund: . .
20010 Public Utilities Division '' ~ ,41,~100
14110 Farmers' Produce Narket 400
16010 Director of General Services 800
16020 Building Maintenance ' 53,300
17110 Zoning Board of Appeals 200
.. 17130 Mass Transit Operations 18,030
18010 Insurance ' 102~,00~
41,100
Fund Total
Emergency Employment Act Fund:
05012
Emergency Eraployment
_31
Fund Total
GRAI~ TOTAL
1974-75
14ajor Items l,,,ql ;_cb E:Tceedcd Appi-opriations
Code
_ _. Tota..
No. Obj2e_- t_' ' ~
273 Repairs to Automotiw'. Equipment $ 233,133
309 Fuel 67~ 708
310 Gasol~.ne, Grease a'.~4 Oil 224~760
313 Stationery and Office Suppl. ie$ 19,491
318 Street and S~.dewalk ?faterial$ 455~684
Sub Total ~1,005~776
213 Encumbered for Napping 208,000 1
/',..:'f:7-77' T-7 '7-:J~-i'- ?'i-.:':]r--f:" ~:.~:!~.-:: ;: '~'- --v;:--'~ .-To ta 1 z~. ;. :...--.-: ..::i_ "- 7,~:_c ,~:12....- T.i.7.-_"7::7-'$1 ~-2 ! 3 ,~776- - ~. : ~. ¥ --:.-?-':- ?- -: -;:" -:'-7:--:- ~.-
........... ~ .............. ' .............. . -- . ...... '-" '-' o :'r..'.' :~_ ;.:': -~' '*-. '-' V ":-
'iz' .~.7 -iT,. ..... 2' '- "'.--:1~;-.7---~-,~~5 ~--_-' k~.'. L-._~zkj,~. ,~i-;-7 Z_,'.[_SZ_~_-*__'. '.- '-~~~z.~-.' ~-rZ~ &-:' '__i'Zf,"; ,'- -.-.- ....... ~.. .. . ....
ITEM #8700
On motion by Councilman Gardner, seconded by Councilman Baum, 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
Na,~fs: None
~ ent: Councilman Floyd E. ~aterfield, Jr.
After considerable discussion, City Council voted to approve the following
ordinance to authorize certain encroachments over and upon the Atlantic Ocean
Public Beach Front, Virginia Beach Borough.
Certifie
AN ORDINANCE AUTHORIZING CERTAIN
ENCROACHMENTS OVER AND UPON
THE ATLANTIC OCEAN PUBLIC BEACH
FRONT, VIRGINIA BEACH BOROUGH.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That pursuant to the authority granted to the City Council
of the City of Virginia Beach, Virginia, by Section 15.1-397 of
the 1950 Code of Virginia, as amended, Chatell Corporation, Sea
Star Corporation, and Suzanne M. Chaplain, unmarried, as the
collective owners of a certain parcel of land situate in the
Borough of Virginia Beach on the Southeast corner~ of 18th Street
and Atlantic Avenue, are hereby authorized to maintain
encroachments as indicated on the attached plat for the Kona Kai
Motel located on the Southeast corner of 18th Street and
Atlantic Avenue.
These encroachments are authorized until such structures
as constitute the encroachment are destroyed or removed by the
owners.
Nothing herein contained shall in any way be construed to
relieve the owners, or any of them, either jointly or severally,
of any negligence on their part by virtue of the said encroach-
ment.
This ordinance shall be in full force and effect 30 days
from adoption.
Adopted by the City Council of the City of Virginia Beach,
Virginia, this the 28 day of July, 1975.
to be a ~a~ excerpt of the Minutas of the City Council of the Cit
~each, Virginia, adopted July:28,:.197~'.
..~;~Sbon,~ity Clerk
. t
ITEM #8701
On motion by Vice Hayor George R. Ferrell, 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. Heary McCoy, Jr., Mayor J. Curtis Payne, and Patrick L. Standing.
Nays: None
Absent: Councilman Floyd E. Watefi~eld, Jr.
City Council voted to authorize the City Manager to execute an agreement
between the Norfolk Southern Railway Co. and the City of Virginia Beach, to allo~
an S-inch sewer piPeline crossin~ n~.ar Princess.Anne Road., Kempsville Borough.
as set forth on the agreement and platt attached hereto:
PIW-~I.':, (r. 7-7~)
IT IS AGREED between
NORFOLK SOU£HEPJ[ RAILWAY COMPANY, a corporation of the State of Virginia and of
forth C2rolina.[ ·
lcrelnatter style~ Company; and
CITY OF VIRGINIA BEACH, a municipal corporation o£ Virginia,
hereinafter styled Licensee:
~ 1. COMPanY grants unto Licensee, insofar as its .title enables it so to do, the license,
a ~ personal priv£1~ge and not transferable without the written consent of Company, to con-
s ~ct and maintain an eight (8) inch sewer pipe line crossing upo~ the
r~g~t of way or property (hereinafter called property) of Company, near BEECH GROVE,
Virginia ; the aforementioned installation, hereinafter called "Facility", being
that identified and located substantially as sho~m in red color on annexed print of Drawing
m~rked Exhibit A, dated March 14~ 1975 (furnished by Licensee).
Licensee will pay the sum of $50.00 as a consideration for the license hereby granted.'
Licensee further agrees to pay unto Company for said privilege a rent of
NO DOLLARS ($ -0- ) per annum, payable in advance. Licensee further agrees
to reimburse Company, upon bill rendered, for any and all expenses which may be incurred by
Company, resulting from or in connection with any such special engineering studies, field
supervision or flagging protection as Company may find necessary to perform in connection with
the installation or maintenance of said Facility.
2. Licensee will construct and maintain Facility, at its expense, in such manner as will
not interfere with operations of Company or endanger persons or property of Company, and in
~ccordance with (a) plans and specifications (if any) shown on said print and any other speci-
fications reasonably prescribed by Company, (b) applicable regulations prescribed by statute
pr by Governmental authority, and (c) applicable specifications adopted by the Association
)f American Railroads when not in conflict with plans, specifications or regulations mentioned
h~ (a) and (b) above. Licensee will, at its expense, make such changes in location, grade
~r construction, of Facility, as may be, at any time, required by Company.
, If Facility endangers or interferes with operations of Company, or if Licensee is in
.cfa - her~,nder and does not remedy such default or condition after notice by Company so to
o, is licensc may be revoked by Company and Licensee shall, at its expense, upon written
otice by Company, and in any event upon termination of this agreement by either party as
ereinafter provideH, remove Facility from Company's property and restore said property to
ts condition existing prior to construction of Facility, If Licensee fails to remove
acility, Company may do so at Licensee's expense. If an emergency arises which in Company's
~dgment requires immediate repairs to Facility, License,a will, upon request, do the necessary
)rk, or, failing so to do, Company'may make such repairs at Licensee's expense.
4. Said Facility shall be constructed and maintained at the sole risk of Licensee and
.censee agrees, without regard to negligence on the part of Company or any other corporation
,ntrolling, controlled by or under common control with Company, to save Company or any other
~rporation controlling, controlled by or under common control with Company wholly harmless
om and against all claims, damages, expenses and liability (whether or not such liability
s been judicially determined) for loss of life, personal injury or damage to property,
suiting from or in any manner attributable to the construction, maintenance, use, operation
l, rese,ce of the Facility, or Lo the presence of the.equipment or emploYees of Licensee,
Compa.y's property.
5. This agreement shsll take effect as of the
terminated by either party hereto at any time by 60
:h termination.
day of , 19 .... , and may
days' written notice to the other of
EY~JTED in duplicate
, each part being an original, as of
~OLK ~UTKERN RAILWAY COMPA~f, ' CITY OF )~RGINIA Bw. ACH, Virginia,
Vice President. ~P~OV~D A~TO CdN , Ts/ Manager..
PL~,W
5C&L~.: I" = 50'
pROPO$.~D ~"
EXHIBIT A
COtJTEkIT$ i'O I~E /4AIdDLED
OUTSIDE DIA k4ET£R.
PIPE MATF_RIAL
iS" 0"
P£0~05£0 /8" ¢~$//,/6 P/P£?
/--.- [XlSl]UG G~ou~J 0
Lit"
DETECTO~
I
h
· . P~OPlLE
8.~" - 18"
DUCTILE 112OI4' ' .STF,_EL
0.53"
~/.~
5LIP JOI~JT
IUSEET£D
I.(6T, ABOVE GD~JO.
dUD M61LIT&iLIED :L~ 6ccoczPALJCE. ~ITL)
L~T~5T APiP(7.OV£D AME~[C~L,I 1261LW6y
EI4GI~EE[ZlL~G ZISSOCIA~IOLJ '5 "SPEC! F iC6T[OLJS
~OE PIPE. LIWE~ FO~Z COUV£'(ILJG FL~MM~t~LE
6L[D k~Ok!-FLAMMAt~L£ 5U&ST6WCE5."
SOUT U
12A, I LWAY SYSTEM
OFFICE, OF C~(EF
~,TLALITA,
ITEM #8702
On motion by Councilman Griffin, seconded by Councilman Standing, and by
~rec, rded 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 G. Griffin, Clarence A.
Holland, J. Henry McCoy, Jr., Mayor J. Curtis ?ayne, and Patrick L. Standing.
Nays: None
Absent:
Councilman Floyd E. ~Vaterfield, Jr.
ity Council voted to approve a water line extension on Burton Drive,
~Lynnhaven Borough) as shown on the following map.
~, I ,,"~- I ", ' . ~'.: ,--' ' - . . ' . ~x ~, '. ."
- . /'. xL. ~',-x, t" ": ;:: ~' / '~Z.'~ ~ . '.-- ~ % X / ~.
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- ~/ ~,::.:,- ....:'.~ ..?~,../ ~' ~ ': ~ ' , ~~-h'~¥- ' .'~. ' ' ~':~:':':-'~ ~ "- ~.-"
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. ,_ ~, .~, '. ,: - . . : '1. .:, .: , , .. . : . ~ ',~ ~:~:. ~ . ...... -~_-.,,,. . . ~
~.~'~' - '',: :-~ '."-~ : /.. '~"~ '" ': : -~::'~?" ~ ;." :~"::2~.~' · ';'". ,~. ' ~" . ''~:' ' --'
z ~ ~' . - . . ~:6.>, ~...- . . .... -,- ..-:.,.,~- ,.....~,~.:,,...- ;.,.~ ,': -
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/ /' I "~' ~ -':"¥ .- ' ~ -" ~:::'~' ...... : - · '~/~.-:'~': ' .... , "- '; ~J ~ '. '~X, .
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.. .~ ~ k ~, ' ~ ~. - ., ...... . . _~ /..: :. -~.,- ~- ~-- · '~
.. ~,.~ . . ~.. --.- -' . ~ ~.~, . ..~-::--u ' ~ --...::/_>-~'::-:"".': w~::.]::'c ::7.'_' ~. · . .... .:" ' -~.
~ ' ' ' ' "' ' ~"-' ' ~,~LX ~ ' 5 . . ~k:. ~ . .... t ...........
~ /). : I / . ~ .- :~=-. ~p~ ~ ~ , ,":.'. '/ . ' .' 2,'~' . X.", ':-~ s ~
' ~ ·/./ · -
..... .~'/,- /~?~:.x, ' . ...:..---- · ~ / . ~.~.. ..:
. ~ . --- ._- , '::-~.~ ~ -~ .... ,~,:~ ~, - .. : .... - ................... - _._._
.. ....~ ~... _..:_.: ...... .:_/=~......:~ ........ / ..... ... ~ :.- .... ~ . .~.~-..:.. ...... ~.: ......... :~.=-~.-.:..~. ~./- .... .
. ._ ~.-: ...... ~ -~ : ..... ~ "~ . ... .~ ~ ,~ _~--- _ .... ~, ..... :.. ....... /~ ~'"'~'
,.~ ,... , / ,~, : ....
',. / ' ~ .,~ ~ .~:,::~ ~ ~ ~
..... ,~: .+~ ,. ~ . ~ . ~
' - -%" / / ' · I -,
ITEM #8703
On motion by Councilman Cromwell, seconded by Councilman Holland, 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.
City CoUncil voted to approve a water line extension on Downs Lane, Bayside
Borough.
ITEM #8704
On motion by Councilman McCoy, seconded by Vice Mayor George R. Ferrell, 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.
_~Lolland, J. Henry McCoy, Jr., Mayor J. Curtis Payne, and Patrick L. Standing.
~ys: None
Absent: Councilmen Floyd E. Waterfield, Jr.
. City Council voted to approve a water line extension on Luke Drive, Kempsville
Borough.
ITEM #8705
On motion by Councilman Callis, seconded by Councilman Holland, 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: Councilmen Floyd E. Waterfield, Jr.
City Council voted to approve a sewer service extension on Summerhaven Drive
and Lynn Road, Lynnhaven Borough, as show~ 6~ the following map.
1
L
· ~. ~~~ ::::7': \ ~
~'"~'~=~/:-,V:' ""'-' ....... ' ', ~ ~ ~: '.'q
v'~. ~' .....,. .... .,---
_ ~ .~--: ..~ ..... ..,.._:~ .... . ~
ITEM
On motion by Councilman McCoy, seconded by Councilman Baum, 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 3. Curtis Payne, and Patrick L. Standing.
Nays: None
Absent:
Councilmen ·Floyd E. Waterfield, Jr.
- ' ' - ' ' ' in the Newli~ht Area.
ITEM #8707
!
'On motion by Councilman Gardner, seconded by Councilman Griffin, and
recorded vote as follows:
by
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. Eenry McCoy, Jr., biayor J. Curtis Payne, and Patrick L. Standing.
Nays: None
.bsent: Councilman Floyd E. Waterfield, Jr.
city Council voted to approve a sewer service extension in the Cape Henry
Shores area, Lynnhaven Boroug'h as showj ~n t~e following map.
,
..':. ' :" -'<,"-'~-~ .... :-77: '~-~.~ ~,-.-' 7',':~.::~'"~;-~ V~-~ v-'~-~-~ ....~'~- '~-~ .... ~- -v
:.'.~:- ' . ~.x,~'6.-:'-:- ~ ~.>-'~ · ', .~' ?f'-' .~k--~'~ ..-.7>'~-' ~' x,~... ... - ..-...~ ~ ,~ . ). .
.[ TEl\'! tl8708
On motion by Councilman McCoy, and seconded by Vice Mayor Ferrell, 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 Iq. 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. Waterfiel.d, Jr.
City Counci
--Kem_psvil%e
1 ~.oted to approve a sewer service extension '
Colony, Kempsville Bor - . ~n the old sectzon of
· ough, as shown on the following map
/ . -.-......., ~'.., ': :,:; ..... :~ ............
?./ ..~.,,...~ .......,'/ ,...: / · ~.;' .~..', . . / ...... , ....... ~ ....... ~ ....
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'.' '~ , l,,; ,,:/ "~. /~ ~';~ ~, A.'~:~'--%', '~Z-: ,". '.-~--".-': -~/ · .'
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- . ~ it ,'.-, ,,p. t. · t, , .~' ~" .L-P~ i -.
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. . '~2.~'. t . "~1 i '
. ~. - ~. ,, tz
ITEM #8709
On motion by Vice Mayor 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 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.
_~ays:
bsent:
None
Councilman Floyd E. Waterfield, Jr.
City Council voted to approve the iow bid of Whitfield/Gee Construction Co. in
the amount of $24,961 for thm construction of a pavilion at the tennis complex
on General Booth Blvd. and authorized the City Manager to execute contracts for
the implementation of this project. Funds are available.
ITEM ~8710
On motion by Councilman Standing, seconded by Vice Mayor Ferrell, 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., Myyor J. Curtis Payne, and Patrick L. Standing.
Nays: None
Absent: Councilman Floyd E. Waterfield, Jr.
City Council voted to approve, the application of St. Matthew's Catholic Church
for a Bingo permit.
--- ITEM. #8711
.yor Payne directed the City Clerk, Richard J. Webbon, to read the Ordinance
authorizing the issuance of $15, SS0,000 of Public Improvement Bonds of the City
of Virginia Beach, after which the clerk was directed to read the Ordinance
appropriating the interest earned on General Revenue Sharing Funds and the
Revenue Sharing Funds totaling $4,768,000.
Mayor Payne then opened the meeting for public discussion concerning the two
ordinances which jointly are proposed to fund certain Capital Improvement
Projects in the City.
The following persons appeared before the City Council:
Mr. George L. Hanbur. y, City Manager,--expressed... to the Council and the public
hi§~'~'li'e'{"that the financial structure of the City of Virginia Beach is
sufficiently strong and in condition to finance the proposed Capital Improve-
ments. The total number of which have been very carefully selected to provide
for the immediate and urgent needs of the citizens. He indicated that the City
staff would be quite able to properly supervise and control the 83 items pro-
posed as Capital Improvements in this fiscal year.
Mrs.. Phyllis Jackson--indicated that after her five years of work with handi-
capped children that the proposed center would be of inestimable value in
w.~o~king with the children.
~ . ~. H. McInt~re, Virginia Beach Swim League,--stated that the proposed
s_imming pools in the Recreation Building would be a major step in providing
waer safety training for youth and such other adults as might be interested.
Mrs. Margaret Kister, representing (MOW) Mobility on Wheels, commended the
city Council fo'r its efforts in providing for the mobility of handicapped thru
break in curb lines, parking areas, walkways to buildings, facilities in
lavatories and recommended the construction of the Recreation Center Building
as a great step in providing adequate meeting places in the City for handicapped
persons.
ir. Wardner Page--Senior Citizens of Virginia Beach submitted petitions beari~
.121 names of Senior Citizens in favor of the proposed Recreation at Kempsville
Mr. Ford Hart--3rd year at Kempsville High School, representing the dramatic
interests of the beach. The construction of the Recreation Building will do
much to everyones interest in art and drama through the availability of proper
stages and lights.
Mr. Jack Jennings--representing himself and on behalf of families urged the
construction of the building to encourage comradery between parents and childrl
Mr. Garland Payne--indicated that the construction of the building would indic;
to the Youth of the City that the City Council is concerned with their interes'
and future development.
Councilman Callis--stated that he was certainly in favor of developing the
recre~ti'0~al 'facilities of the City but cautioned against trying to do everyth]
at once during a depressed economic period during which the financial strain
on many families is almost more than they can bear.
He suggested that Project 3-606, a City Operations Building, totaling $3,710,0
of which $464,000 would be needed this fiscal year, and Project 3-608 Rudee
_~.nlet Wayside for which $16,000 would be needed this year, and Project 3-408
~adquarters and Storage Building and Grounds Maintenance for which $183,000
)uld be needed this year, and Project 4-605 Fabrication Shop totaling $100,00
u~ temporarily eliminating until a later date.
The total immediate cash needs of these Projects is $763,000. Councilman
Callis indicated that while this is only s small amount of the total bond and
revenue sharing money--it would be that much less that would be needed on a bo:
issue.
After considerable discussion, City Council voted to adopt the following
Ordinance by a recorded vote as follows:
On motion by Vice Mayor George R. Ferrell, seconded by Councilman Gardner, and
by recorded vote as follows:
Ayes: Councilmen John A. Baum, 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: Councilman Robert H. Callis, Jr.
Absent: Councilman Floyd E. Waterfield, Jr.
City Council voted to adopt, the following Ordinance authorizing the issuance
~ $13,SS0,000 Public Improvement Bonds of the City of Virginia Beach, Virgini
AN ORDINANCE AUTHORIZING THE ISSUANCE
OF $13,550,000 PUBLIC IMPROVEMENT BONDS
OF THE CIl~f OF VIRGINIA BEACH, VIRGINIA
VIRGINIA:
BE IT ORDAINED BY THE COUNCIL OF' THE CITY OF VIRGINIA BEACH,
l. 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.
Pursuant to the authoritY of the Charter of the City of
Virginia Beach (Ch. 147, Acts of Assembly of 1962, as amended),
and the Public Finance Act, as amended, there are hereby author-
ized to be issued Thirteen b~llion Five Hundred and Fifty Thousand
Dollars ($13,550,000) Public Improvemen~ BOnds of the City of
Virginia Beach to provide funds, together with other funds that
mmy be available, for 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 Hmll 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 ant
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
T~t~l
5.00,000
5s0,0,00
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
demomimation 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 day of , 1975.
1st Reading:
2nd Reading:
July 28, 1975
JDB :er
7-28-75
Item #8711(b)
.~.t motion by Vice Mayor Ferrell, seconded by Councilman Gardner, and by
recorded vote as follows:
Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Robert B. Cromwell,
Vice Mayor George R. Ferrell, Charles W. Gardner, John R. Griffin, Clarence A.
:Holland, J. 1.~enry McCoy, Jr., Mayor J. Curtis Payne, and Patrick L. Standing.
Nays: None
---~sent: Councilman Floyd E. Waterfield, Jr.
ity Council voted to adopt the following 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 $4,768,000 and regulating the payment of money out of the City Treasury.
AN ORDINANCE MAKING APPROPRIATIONS OF
INTEREST EARNED ON GENERAL REVENUE SHARING
FUNDS AND GENERAL REVENUE SHARING FUNDS
EXPECTED TO BE RECEIVED FOR FISCAL
ENDING JUNE 30, 1976, IN THE SUM OF FOU___~R
MILLION, SEVEN HUNDP~D SIXTY EIG~ THOUSAND
DOLLARS ($4,768,000) ~ND REGULATING THE PAY-
MENT OF MONEY OUT OF T}~. CIq~ TREASURY
WHE~S, 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 THE CITY OF VIRGINIABEAC~,
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
1,455,250
$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 =kis ordinance.
This ordinance shall be effective from and after date of adoption.
First Reading: July 28, 1975
Second Reading:
ITEM #8712
'"~eg~rding the proposed expenditures Councilman Cromwell stated that while he
~as in favor of progress and development the inclusion of such items as Rose
.iall, totaling $735,000 in this time of economic stress was difficult for
him to accept; and requested that the Minutes of.the.Council reflect his
attitudes. Councilman Griffin and McCoy indicated their concurrence with
Councilman Cromwell in the matter of the inclusion of Rose Hall in the
Capital Improvement Program.
ITEM #8713
City Council listened to a presentation by Dick Browner, Carlton T. Goodwin,
and Rocco Lassiter of Metroplex concerning the use of solar energy in heating
and cooling proposed office buildings anticipated to be constructed in the are~
The effort is being put forth to prove the use of soalr energy is both
economic and totally feasible. According the the presentation, the use of
solar energy is clean, and non-polluting. It was pointed out that the
additional cost incurred in constructing the buildings and the necessary
collector would be amortized in approximately 12 years.
ITEM #8714
On motion by Vice Mayor Ferrell, seconded by Councilman Standing, and by
recorded vote as follows:
-~--es: Councilmen John A. Baum, Robert H. Callis, Jr., Robert B. Cromwell, Jr.,
.ce Mayor George R. Ferrell, Charles W. Gardner, John R. Griffin, Clarence A.
,lland, J. Henry McCoy, Jr., Mayor J. Curtis Payne, and Patrick L. Standing.
Nays: None
Absent: Councilman Floyd E. Waterfield, Jr.
City Council will hold an executive'session on. Monday, August,4, 1975, for
the purpose of dicusssing matters permitted for discussion under Section
2.1-344, subparagraph 1 through 6, inclusive, of the Freedom of Information
Act.
ITEM #8715
On motion by Vice Mayor Ferrell, seconded by Councilman Standing, and by
unanimous vote, the meeting was adjourned.
~ichard J~Vebbon, City
Clerk
~ J. curtis P~fyne, Mayor
City of Virginia Beach,
~ginia
July 28, 1975