HomeMy WebLinkAboutJUNE 4, 1979
CITY OF VIRGINII BEACI MUNICIPAL CENTER
",W.,dd', 6'ity- VIRGINIA EEACH, VIRGINIA 23456
MAYOR PATRICK L. STANDING, A, L.,g, CLARENCE A. HOLI,AND, M.D., B.y,id@ @,..gh
VICP MAYOR 1. HENRY M,COY JR., D.D.S., K-P,@ill. B@,..gb DONALD W. MERRICK, Ly@@b.,@. B@,.,gb
JOHN A. BAUM, B.,..gb MEYERA E. OBERNDORF, Al L.,g@
F. REID ERVIN, A, L.,g, J. CURTIS PAYNE, P,i@,@,, A@., B.,@.gh
GEORGE R. FERRELL, A, L.,@ ROGER L. RIGGS, Vi,gi@i. B@.,b B.,@.gh
BARBARA M. HENLEY, P-g. B ... gb RU7'H HODGES SMITH, City Cl@,k
CITY COUNCIL AG@A
ITEM I INFORMAL SESSION: Monday, 4 June 1979 - 1:00 P.M.
A. CALL TO ORDER - MAYOR PATRICK L. STANDING
B. ROLL CALL OF COUNCIL
C. MOTION TO RECESS INTO INFORMAL/EXECUTTVE SESSION
D. PRESENTATION/DISCUSSION OF PERTINENT MATTERS;
1. Expressway Construction Company Change of
Zoning: Request for early @earing before
City Council.
2. Police/Fire Proposed Salary Increase.
ITEM II FORMAL SESSION: Monday, 4 June 1979 - 2:00 p.m-
A. INVOCATTON - Reverend William L. Gregory
Bayside Baptist Church
B. PLEDGE OF ALLEGIANCE
C. ROLL CALL OF COUNCIL
D. MINUTES OF THE REGULAR PREVIOUS MEETING
1. Motion to accept/approve the Minutes of
21 May 1979
E. RESOLUTIONS
1. Proclamation - Hurricane Awareness Week
Sponsor--Lee Eskey, Civil Defence Coordinator
2. Presentation to Council from tlichael Aske,
AIA, from the Tidewater Institure of Arcbitects
3. Mr. Rolf Williams, Norweigan Consulate -
presentation regarding the visit from the
Moss Brass Band in 1980.
4. Proclamation The Week of the Child
F. PUBLIC HEARINGS None
G. CONSENT AGENDA - None
H. PLANNING ITE@IS - None
ITEM 11 I. SPECIAL INTERST ITE@L
1. Letter from the City Manager recommending that
City Council support the administration of the
loan and grant prc)gram under the Gommunity
Development staff, allowing a time period of
one to two years review by the CiLizens of
this City and the Citizen's Advisory Com-
mittee for HUD, as well as the City Council.
J. ORDINANCES
1. Plannin& - None
2. Appropriations
a. First Readings
1. Letter from tlie City Manager transmittiilg
the ordinance to appropriate funds in the
amount of $404,404 for the sworn police
officers and firefighters (one range in-
crease).
2. Letter from the City Manager recommending
that City Council approve the ordinance
to appropriate $108,212 additional funds
for dredging ,@ Rudee Inlet.
3. Letter from the City Manager recommending
that City Council approve the ordinance
appropriating $6,055 for mini-cycles in
the 2iid Precinct.
b. Bids - None
C. Grants - None
3. Tn (@neral
a. Letter from the City Manager recommending
that City Council approve the ordinance
authorizing a temporary encroachment inlo a
portion of tlie right-of-way or Cavalier
Drive to R. 1). Taylor.
b. Letter from the City Mana.@er recommending
that City Council approve tlie ordinance
authorizing ttie acquisition off property in
fee simple for right-of-way for sanitary
sewer and water systems for Newsome Farm
project anct the acquisition of temporary
and permanent easements of right-of-way,
either by agreement or by condemnation.
4. Second Readings
ii. City Council is requested to approve on
second reading the ordinance to adjljst
appropriations for second and third year
funding for the Community Development
Block Grant Program.
b. CiLy Coun,-il is rcquestc@d to approve on
second reading the ordinance to accept
$1,973,000 from the Department of Housing
and Urban Development and to appropriate
these funds. (C,)mniuniLy I)evelopmenL Block
Grant PrQgram)
ITEM TI J. Ordinances
5. Code Amendments - None
K. ADDITIONAL ACTION ITEMS
1. Mr. Herb Smith, Chairman, Virginia Beach
Development Council - report on Transportation
L. UNFINISHED BUSINESS
1. Boards and/or Commissions
M. OLD BUSINESS
1. Mr. Ernest F. Kerekes - regarding sewage hook-up
Ballylinn Farms
N. NEW BUSINESS - None
0. ADJOURNMENT
1. Motion for adjournment
sb
Minutes of the Honorable City Council
OF THE
CITY OF VIRGINIA BEACH, VIRGIN@LA
June 4, 1979
The regular meeting of the Council of the City of Virginia Beach,
Virginia, was called to order by Mayor Patrick L. Standing, in the
Conference Room, in the Administration Building, on Monday, June 4,
1979, at 1:00 p.m.
Council Members Present:
John A. Baum, F. Reid Ervin, George R. Ferrell,
Barbara M. Henley, Clarence A. Holland, J. Henry
McCoy, Jr., Donald W. Merrick, Meyera E. Oberndorf,
J. Curtis Payne, Roger L. Riggs, Patrick L. Standing
Council Members Absent:
None
ITEM #13777
Mayor Standing entertained a motion to permit Council to conduct an
INFORMAL SESSION to be followed by an EXECUTIVE SESSION for the pur-
pose of discussing the following:
1. Discussion or consideration of employment, assignment,
appointment, promotion, demotion, salaries, discipline or
resignation of public officers, appointees or employees of
any public body. (Personnel Matters)
2. Discussion or consideration of the condition, acquisition
or use of real property for public purpose, or other dis-
position of publicly held property. (Acquisition, use or
disposition of publicly held property).
3. Consultation with legal counsel and briefing by
staff members, consultants, or attorneys pertaining
to actual or potential litigation, or other legal
matters within the jurisdiction of the public body.
Matters).
On motion by Councilman liolland, seconded by Councilman Merrick, City
Council voted to proceed into the EXECUTIVE SESSION following the
INFORMAL SESSION.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, George R. Ferrell, Barbara
M. Henley, Clarence A. Holland, J. Henry McCoy, Jr.,
Donald W. Merrick, Meyera E. Oberndorf, J. Curtis Payne,
Roger L. Riggs, and Patrick L. Standing
Council Members Voting Nay:
None
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2-
Council Members Absent:
None
EXPRESSWAY CONSTRUCTION ITEM #13778
The City Manager indicated back in September, 1974, the City of Virginia
Beach conveyed to Expressway Construction Company a piece of land (four-
tenths of an acre) adjacent to Mount Trashmore in exchange for their
dedication of a sixty (60') foot right-of-way through their property.
However, the City never changed the zoning on the parcel conveyed to
Expressway Construction Company, which is zoned P-1 (Preservation).
Expressway Construction Company now wishes to build or sell the property
and requested it be converted to 0-1.
The City Manager requested it be expedited as soon as possible after the
Planning @uoiii;nission hearing. However, the City Manager noted he was
not asking Council to approve the zoning change, but to have it brought
before Council after it is heard by the Planning Commission.
POLICE/FIRE PROPOSED SALARY ITEM #13779
INCREASE
The City Manager indicated that as Council has requested, there will
be an ordinance on the FORMAL AGENDA today (June 4, 1979) regarding
pay increases for sworn police officers and firefighters
The City Manager further indicated that if the City were to require
the police officers and firefighters to have an associates degree
before they were hired by the City it could cause some problems in
recruitment. About 50% of the police applications have an associates
degree or bachelors degree.
The City Manager indicated that all employees are encouraged to further
their education, with the City reinbursing the monies expended for tuition fees.
Only sworn police officers and firefi@hters receive extra money for
having an associates, bachelors, or masters degree.
It was requested that this matter be deferred for further study.
THIS MATTER WILL BE HEARD ON THE FORMAL AGENDA.
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FORMAL SESSION
ITEM #13780
Monday, June 4
2:15 p.m.
Council Members Present:
John A. Baum, F. Reid Ervin, George R. Ferrell,
Barbara M. Henley, Clarence A. Holland, J. Henry
McCoy, Jr., Donald W. Merrick, Meyera E. Oberndorf,
J. Curtis Payne, Roger L. Riggs, Patrick L. Standing
Council Members Absent:
None
INVOCATION was given by the City Clerk as Reverend William L. Gregory,
Bayside Baptist Church, became ill.
PLEDGE OF ALLEGIANCE
(ITEM II-D.1) ITEM #13781 MINUTES
On motion by Councilwoman Oberndorf, seconded by Councilman Baum,
City Council voted to DEFER ONE WEEK the reading of the minutes of
the regular meeting of May 21, 1979,
Voting: 11-0
Council Members Voting Aye: (for deferral)
John A. Baum, F. Reid Ervin, George R. Ferrell,
Barbara M. Henley, Clarence A. Holland, J. Henry
McCoy, Jr., Donald W. Merrick, Meyera E. Oberndorf,
J. Curtis Payne, Roger L. Riggs, Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
None
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(ITEM II-E.1) ITEM #13782 PROCLAMATIONS/RESOLUTIONS
P R 0 C L A 11 A T I 0 N
WHEREAS, the last hurricane to affect the City of Virginia
Beach was Donna in September 1960, which barely produced hurricane
force winds. Damage consisted of windows blown out, roofs torn off,
and the corn and soybean crops being almost completely destroyed.
The population of the City of Virginia Beach and Princess Anne County
at that time was approximately 84,000 people; and
WHEREAS, the last severe coastal storm to strike this City
was a northeaster in March 1962 which lasted for three days and five
tide cycles. Damage created by this storm far exceeded that of
Hurricane Donna due to the storm's three day duration; and
WHEREAS, the highest recorded tides for the City of Virginia
Beach was produced by a category One hurricane in August 1933.
Hurricanes are categorized from one to five, with five being the most
severe. The last category Five hurricane to hit the U. S. mainland was
Camille in 1969 which had sustained winds of 155 miles per hour. This
storm created a 24 foot wall of water known as a "Storm Surge" which
hit the Mississippi Gulf Coast taking 132 lives. Although nine out of
ten lives lost in a hurricane are due to drowning from the "Storm
Surge," the primary reason for this loss of life was due to the
attitudes and lack of awareness of the Gulf Coast residents; and
W@IEREAS, the 19-year time span since a hurricane has struck
this City, coupled with our increased population and average age of
24, has led to apathy and a lack of knowledge concerning hurricanes
and the potential they possess for destroying the lives and property
of many of our residents.
NOW, THEREFORE, 1, Patrick L. Standing, Mayor of the City
of Virginia Beach, Virginia, do hereby proclaim the week of June 3
through 9, 1979, as
HURRICANE AWARENESS '@4EEK
and commend the Independent Insurance Agents for assisting to increase
the awareness in the City of Virginia Beach to prevent the possible
loss of life equal to or greater than that in Mississippi from. a less
severe hurricane. Each year that we are spared the effects of a
hurricane increases our potential for being hit the following season
and decreases the public's appreciation for the havoc these storms
can reap.
Patrick L. Standing
Mayor
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Mayor Standing introduced Lee Eskay, Civil Defense Coordinator, who
spoke regarding the above proclanation.
Mr. Eskay indicated that he is very concerned about the attitudes
of the majority of the citizens of Virginia Beach regarding hurricanes,
as this City has been spared a hurricane for several years.
(ITEM II-E.2) ITEM #13783
Mr. Michael Ashe, AIA, appeared before Council as the President-Elect
of the Tidewater Chapter of the American Institute of Architects,
and presented to Council a framed poster for this year's National
Convention of the AIA being held this week in Kansas City. The
theme of the convention is the "Celebration of Architecture."
(ITEM II-E.3) ITEM #13784
Mr. Rolf Williams, Norweigan Consulate, appeared before Council regarding
the visit from the Moss Brass Band in 1980.
Mr. Williams indicated the Norweigan Lady Foundation received a letter
from the Moss Brass Band, which is the oldest in the District, indicating
they will be celebrating their 70th Anniversary next year, and would like
to come to Virginia Beach under the City program for approximately one
week.
Mr. Williams asked, as the Norweigan Counsel, and as the Director of the
Norweigan Lady Foundation, the City to associate itself with this cultural
project and make the invitation an official one.
On motion by Councilman llolland, seconded by Councilman Baum, Cit,y
Council voted to EXTEND AND CONCUR WITH THE INVITATION THAT HAS BEEN
EXTENDED BY THE NORWEIGAN LADY FOUNDATION and officially invite
the Moss Brass Band to Virginia Beach in 1980.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, George R. Ferrell,
Barbara M. Henley, Clarence A. Holland, J. Henry
McCoy, Jr., Donald W. Merrick, Meyera F. Oberndorf,
J. Curtis Payne, Roger L. Riggs, Patrick L. Standing
Council Members Voting Nay:
None
Council Members absent:
None
6/4/79
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(ITE,ll II-I.1) ITEM #13785 SPECIAL INTEREST ITEM
The City Clerk read the following excerpt from the Cit@/ Manager's letter:
"As Council is aware, because of conflicting opinions from two different
Attorney Generals of the Commonwealth, and because of the City Attorney's
opinion that localities could not make loans and grants to private
individuals, even if the loans were 100% federally funded, there has been
niuch confusion, not only by residents in target neighborhoods of the
Community Development program, but by employees and Council as well. The
legal question was satisfactorily resolved on January 1, 1979, by action
of the General Assembly, and whatever obstacles stood in the way of
municipal governments making loans to individuals with federal funds have
now been completely removed.
Since March, 1979, Community Development staff, under the direction of
my assistant for Community Development, Mr. Benjamin C. Moore, has been
actively pursuing the goals established by the City Council upon the
advice of the Citizen's Advisory Committee for liousing and Com.,nunity
Development. I have recently received a letter from 1. Margaret White
commending us on our activities.
Both the staff and the Advisory Committee should be commended for their
efforts in developing this program to relate to the needs of the people
in the target neighborhoods. Loan and underwriting guidelines were all
approved by the Citizen's Advisory Committee and had their input.
The initial consideration and the opinion of the City Attorney required
us to have an "arms length" arrangement with any group or organization
that was to give loans to private citizens since we could not at that
time make such commitments. Consequently, the Community Development
Corporation was born. !4ith the legislative change by the General Assembly,
the need for an "arms length" arrangement with any organization is not
necessary. There has been a tremendous amount of time and effort, however,
devoted by members of the Corporation and funds expended by them personally
in an effort to assist the City. I feel that these members should be
commended by City Council and any funds they have expended should be
reimbursed.
I recommend that we continue with the positive approach that we have made.
It is my recommendation that City Council support the administration of a
loan and grant program under the Community Development staff, allowing a
time period of one to two years review by the citizens of this City, the
Citizen's Advisory Committee for Housing and Community Development, and
the City Council. If after this period of time we have not been able to
produce to the satisfaction of the Department of Housing and Urban
Development and the people of this City and Council, then I would recommend
that Council re-examine the administrative structure of the loan and grant
program."
Mr. Fred Hodges appeared in favor of the Community Development staff
handling the loan and grant program.
The following appeared in opposition:
Mr. Thomas Jennings, representing United Civic League.
Mr. Sam Houston, member of the Communit,/ Development
Corporation
Mrs. Beverly Woodhouse
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After considerable discussion, Councilman Ervin made a motion, seconded
by Councilwoman Oberndorf, to have the Community Development Corporation
handle the loan and grant program.
Councilman Baum offered a SUBSTITUTE MOTION, seconded by Mayor Standing,
to proceed along the lines as outlined in the City Manager's letter and
have the Community Development staff, under the direction of Benjamin C.
Moore, handle the loan and grant program.
THE RECORDED VOTE ON THE SUBSTITUTE MOTION IS AS FOLLOWS:
Voting: 6-5
Council Members Voting Aye: (for substitute motion)
John A. Baum, George R. Ferrell, Clarence A. Holland,
J. Henry McCoy, Jr., J. Curtis Payne, Patrick L.
Standing
Council Members Voting Nay:
F. Reid Ervin, Barbara M. tienley, Donald W. Merrick,
Meyera E. Oberndorf, and Roger L. Riggs
Council Members absent:
None
THE S(JBSTITUTE MOTION CARRIED, THEREFORE, THE CITY WILL PROCEED ALONG
THE LINES OUTLINED IN THE CITY MANAGER'S LETTER AND HAVE THE COMMUNITY
DEVELOPMENT STAFF, UNDER THE DIRECTION OF BENJAMIN C. MOORE, HANDLE THE
LOAN AND GRANT PROGRAM.
(ITEM II-J.2.a) ITEM #13786 FIRST READINGS
Requested by: Councilmen Riggs and McCoy
AN ORDINANCE TO APPROPRIATE FUNDS FOR
THE SWORN POLICE OFFICERS AND FIRE-
FII@HTERS ONE RANGE SALARY INCREASE
W[iEREAS, on May 21, 1979, the City Council adopted a motion
to prepare an ordinance providing a one range increase effective July 1,
1979, for sworn police officer and firefighter positions excluding their
respective chiefs; and
WHEREAS, the cost of this increase for FY 1980 is estimated to
be $404,404; and
@IHEREAS, in providing this increase the City Manager is
encouraged to develop a plan to pro,,.qote more participation b,/ police
6/4/79
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officers and firefighters in the educational opportunities offered to
them.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGIt4lA BEACH, VIRGINIA:
That funds in the amount of $404,404 be appropriated in the
FY 1980 Budget from the General Fund Balance to the Police and Fire
Departments for the purpose of instituting a one range increase as
stipulated.
Adopted by the Council of the City of Virginia Beach on this
day of 1979.
First Reading:
Second Reading:
The City Clerk read the following excerpt from the City Manager's letter:
"I cannot recommend the adoption of this ordinance. I would like to
recommend an alternate oroposal that in lieu of the 5% across-the-board
pay raise being considered for sworn fire and police personnel, the
educational incentive program would be substantially increased.
For instance, the present educational benefit offered to sworn police
officers and firefighters is $250 for 30 semester hours, $600 for an
associate degree, $800 for a bachelors degree, and $1,000 for a masters
degree in fields relating to law enforcement. This amount is in addition
to their base pay and is paid each year the individual remains on the
force. This program was instituted by the City @4anager in 1974 as an
administrative policy and has been funded by subsequent Councils in
budgetary approprations.
I propose that effective July 1, with Council's concurrence, the
administrative regulation for educational benefits be increased annually
to $500 for 30 semester hours, $1,200 for an associate degree, $1,600 for
a bachelors degree, and $1,800 for a masters degree. These payments would
be dispersed on semi-monthly pay periods.
The recommended increases would amount to approximately 10% of the average
salary. In effect, City Council would be granting a 5% increase to those
employees who are qualified for the educational incentive program. It
would entice those that have not yet completed or begun the educational
program to either expedite or initiate their attempts to acquire additional
education. I have long been a supporter of trying to increase educational
programs in all of our operations, especially in police, and I feel that
this is in line with not only my policy, but that of City Council."
The following appeared regarding this matter:
tlr. Bill Drinkwater, FOPA
Mr. John F. McGowan, FOP, Norfolk
Mr. Douglas Vi. Aydlette, FOP, Virginia Beach
6/4/79
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Mr. Jerry Ilarris, Tidewater Builders Association, appeared in FAVOR of the
recommendations presented by the City Manager.
After considerable discussion, Councilman Riggs made a motion, seconded
by Vice Mayor MCCOY, to APPROVE the above ordinance to appropriate funds
for the sworn police officers and firefighters one range salary increase.
(This would be on FIRST READING)
The recorded vote on the above motion is as follows:
Voting: 4-7
Council Members Voting Aye: (for ordinance)
Barbara M. Henley, J. Henry McCoy, Jr., Meyera E.
Oberndorf, and Roger L. Riggs
Council Members Voting Nay:
John A. Baum, F. Reid Ervin*, George R. Ferrell,
Clarence A. Holland, Donald W. Merrick, J. Curtis
Payne, and Patrick L. Standing
Council Members absent:
None
*Councilman Ervin indicated when he voted "nay" to the above motion
he was doing so with the understanding that Council would take a
positive action, and he will make the motion to that effect, to
adopt the compromise.
ITEM #13786(a)
On motion by Councilman Merrick, seconded by Councilman Ervin, City Council
voted that EFFECTIVE JULY 1, 1979, THE ADMINISTRATIVE REGULATION FOR
EDUCATIONAL BENEFITS BE INCREASED ANNUALLY TO $500 FOR 30 SEMESTER HOURS,
$1,200 FOR AN ASSOCIATE DEGREE, $1,600 FOR A BACHELORS DEGREE, AND $1,800
FOR A MASTERS DEGREE, FOR S@IOR@,l POLICE OFFICERS AND FIREFIGHTERS; AND
FURTHER THESE PAYMENTS WOULD BE DISPERSED ON SEMI-@1ONTHLY PAY PERIODS.
Voting: 9-2
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, George R. Ferrell, Barbara
M. Henley, Clarence A. Holland, Donald W. Merrick, Meyera
E. Oberndorf, J. Curtis Payne, and Patrick L. Standing
Council Members Voting Nay:
Vice Mayor J. Henry McCoy, Jr., and R. L. Riggs
Council Members absent:
None
6/4/79
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(ITEM II-J.2.a.2) ITEM #13787
AN ORDINANCE TO APPROPRIATE ADDITIONAL FUNDS
FOR DREDGING OF RUDEE INLET
WHEREAS, City Council adopted an ordinance in the amount of
$60,000 on April 2, 1979, for the purpose of dredging Rudee Inlet; and
WHEREAS, thereafter the City entered into an agreement under
the normal terms and conditions of a standard Army Engineer Rental
Agreement to fulfill this purpose, and
WHEREAS, the full rental rate of this agreement was $5,000
per 24 hours of dredging or 75% of the full rental rate when natural
opposing elements prohibited dredging; and
WHEREAS, the amount of work and unfavorable weather conditions
was greater than was estimated in the original proposal thereby
necessitating the need for additional funds in the amount of $108,212.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA, that $108,212 be appropriated from the General
Fund Balance for the purpose of making final payment for the completion
of the dredging of Rudee Inlet Channel.
Adopted by the Council of the City of Virginia Beach, Virginia,
on this day of 1979.
FIRST READING: June 4, 1979
SECOND READING:
On motion by Councilman Merrick, seconded by Councilman Riggs, City
Council voted to APPROVE on FIRST READING the above ordinance to
appropriate additional funds for dredging of Rudee Inlet.
Voting: 11-0
Council Meribers Voting Aye:
John A. Baum, F. Reid Ervin, George R. Ferrell,
Barbara M. Henley, Clarence A. Holland, J. Henry
McCoy, Jr., Donald W. Merrick, Meyera E. Oberndorf,
J. Curtis Payne, Roger L. Riggs, Patrick L. Standing
Council Members Voting Nay:
None
6/4/79
Council Meribers absent:
None
(ITEM II-J.2.a.3) ITE@L #13788
VICE MAYOR MCCOY LEFT COUNCIL CHAMBERS
AN ORDINANCE TO APPROPRIATE FUNDS
FOR MINII-CYCLES
WHEREAS, mini-cycles have become an effective police tool in
the resort area of Virginia Beach; and
WHEREAS, it is planned in the FY 1980 budget to expand their
capabilities by the addition of one mini-cycle as well as the replacement
of the present six (6) units; and
@IHEREAS, the new 1979 model mini-cycle is $54/unit more
expensive than the 1978 model of which some are still available;
WHEREAS, it is the desire of the Police Chief to purchase
these 1978 units at the lower price as well as enhance the police
service needed in the resort area for this summer season.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
That funds be appropriated from the General Fund Balance for
the purpose of purchasing seven mini-cycles as follows:
1 Addition $ 865
6 Replacements 5,190
Total $6,055
AND BE IT FURTHER ORDAINED that $6,055 be deducted in FY 1980
from the Police budget and added to the Reserve for Contingencies.
Adopted by the Council of the Cit,/ of Virginia Beach, Virginia
on the day of 1979
FIRST READIRIG: June 4, 1979
SECOND READING:
6/4/79
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on motion by Councilman Riggs, seconded by Councilman Holland, City
Council voted to APPROVE on FIRST READING the above ordinance to
appropriate funds for mini-cycles, in the amount of $6,055.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, George R. Ferrell,
Barbara M. Henley, Clarence A. Holland, Donald
W. Merrick, Meyera E. Oberndorf, J. Curtis Payne,
Roger L. Riggs, and Patrick L. Standing
Council Members Voting Nay:
None
Council Members absent:
Vice Mavor J. Henry McCoy, Jr.
(ITEM II-J.c.a) ITEM #13789 ORDINANCES-IN GENERAL
COUNCILMAN BAUM LEFT COUNCIL CHAMBERS
Mr. Barry Koch, Attorney, represented the applicant
AN ORDINANCE TO AUTHORIZE A TEMPORARY ENCROACHMENT
INTO A PORTION OF THE RIGHT-OF-WAY OF CAVALIER
DRIVE TO R. D. TAYLOR
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGitlIA BEACH,
VIRGINIA:
That pursuant to the authority and to the extent thereof contained
in Section 15.1-893, Code of Virginia, 1950, as amended, R. D. Taylor is
authorized to erect and maintain a temporary encroachment in the City
right-of-way of Cavalier Drive.
That the temporary encroachment herein authorized is for the
purpose of constructing and maintaining a bulkhead; and that such bulk-
head shall be constructed and maintained in accordance with the City of
Virginia Beach Department of Public Works' approval as to size, alignment
and location and more specifically, as shown on that certain plat entitled,
"Part of Lot 208, North Linkhorn Park Extended, Virginia Beach, Virginia,
for Dawson and Ann Norfleet Taylor," said plat being on file in the
Department of Public Works, Engineering Division of the City of Virginia.
PROVIDED, HOWEVER, that the tenporary encroachment herein authorized
shall terminate upon notice by the City of Virginia Beach to R. D. Taylor,
6/4/79
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his heirs, assigns or successors in title and that within sixty (60) days
after such notice is given, such temporary encroachment shall be removed
from the City right-of-way of Cavalier Drive by R. D. Taylor, his heirs,
assigns, or successors in title; and R. D. Taylor, his heirs, assigns or
successors in title shall bear all costs and expenses of such removal.
AND, PROVIDED FURTHER, that it is expressly understood and
agreed that R. D. Taylor, his heirs, assigns or successors in title shall
indemnify and hold harmless the City of Virginia Beach, its agents and
employees, from and against all claims, damages, losses and expenses
including reasonable attorney's fees in case it shall be necessary to
file or defend an action arising out of the location of existence of
such temporary encroachment.
AND, PROVIDED FURTHER, that nothing herein contained shall
be construed to enlarge such permission and authority to permit the
maintenance or construction of any encroachment other than those specified
herein and to the limited extent specified herein, nor to permit the
maintenance or construction of any encroachment by anyone other than
R. D. Taylor, his heirs, assigns or successors in title.
AND, PROVIDED FURTHER, that the City of Virginia Beach, upon
revocation of such authority and permission so granted, may remove any
such encroachment and charge the cost thereof to R. D. Taylor, his heirs,
assiqns or successors in title and collect the cost in any manner pro-
vided by law for the collection of local or state taxes; may require
R. D. Taylor, his heirs, assigns or successors in title, to remove such
temporary encroachment; and pending such removal, the City may charge
R. D. Taylor, his heirs, assigns or successors in title compensation for
the use of such portion of the street encroached upon the equivalent of
what would be the real property tax upon the land so occupied if it were
owned by R. D. Taylor, his heirs, assigns or successors in title; and
if such removal shall not be made within the time ordered hereinabove
by this ordinance, the City shall irqpose a penalty in the sum of one
hundred dollars ($100.00) per day for each and every day that such
encroachment is allowed to continue thereafter, and shall collect such
compensation and penalties in any manner provided by law for the
6/4/79
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collection of local or state taxes.
Adopted by the Council of the City of Virginia Beach, Virginia,
on the 4 day of June , 1979.
On motion by Councilman Merrick, seconded by Councilman Ervin, City
Council voted to APPROVE the request of the Department of Public
Works and the City Manager and APPROVE the above ordinance to authorize
a temporary encroachment into a portion of the right-of-way of Cavalier
Drive to R. D. Taylor.
Voting: 9-0
Council Members Voting Aye:
F. Reid Ervin, George R. Ferrell, Barbara M. Henley,
Clarence A. Holland, Donald W. Merrick, reyera E.
Oberndorf, J. Curtis Payne, Roger L. Riggs, and Patrick
L. Standing
Council Members Voting Nay:
None
Council Members absent:
John A. Baum, and Vice Mayor J. lienry McCoy, Jr.
(ITEM II-J.c.b) ITEM #13790
COUNCILMAN BAUM AND VICE MAYOR MCCOY RETURNED TO CHAMBERS
Requested by: Department of Public [Jtilities
AN ORDINANCE TO AUTHORIZE THE ACQUISITION OF PROPERTY
IN FEE SITIPLE FOR RIGHT-OF-IJAY FOR SANITARY SEWER AND
WATER SYSTEMS FOR NEWSOME FARM PROJECT AND THE ACQUISITION
OF TEMPORARY AND PERMANENT EASEMENTS OF RIGHT-OF-WAY, EITHER
BY AGREEMENT OR BY CONDEMNATION
WHEREAS, in the opinion of the Council of the City of Virginia
Beach, Virginia, a public necessity exists for the construction of this
important project for the preservation of the safety, health, peace, good
order, convenience, morale and welfare of the people in the City of
Virginia Beach;
NOW, THEREFORE, BE IT ORDAINED BY TIIE COUNCIL OF TFFE CITY OF
VIRGINIA BEACH, VIRGINIA:
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Section 1. That the City Attorney is hereby authorized and directed
to acquire by purchase or condemnation pursuant to Sections 15.1-236 et seq.
and 33.1-89, et seq., Code of Virginia, 1950, as amended, all that certain
real property in fee simple including temporary and permanent easements
of right-of-way as shown on the plans entitled, "SANITARY SEWER AND WATER
SYSTEMS FOR NEWSOME FARM PROJ'LCT," these plans being on file in the office
of the Department of Public Utilities, City of Virginia Beach, Municipal Center,
Virginia Beach, Virginia.
Section 2. That the City Attorney is hereby authorized to make or
cause to be made in behalf of the City of Virginia Beach, to the extent that
funds are available, a reasonable offer to the owners or persons having an
interest in said land, if refused, the City Attorney is hereby authorized
to institute proceedings to condemn said property.
Section 3. That an emergency is hereby declared to exist and
this ordinance shall be in force and effect upon the date of its adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on
the 4 day of June 1 1979.
On motion by Councilman Ferrell, seconded by Councilwoman Oberndorf, City
Council voted to approve the request of the Department of Public Utilities
and the City Manager and APPROVE the above ordinance to authorize the
acquisition of property in fee simple for right-of-way for sanitary sewer
and water systems for Newsome Farm project and the acquisition of temporary
and permanent easements of right-of-way, either by agreement or by condemnation.
Voting: 11-0
Council Vembers Voting Aye:
John A. Baum, F. Reid Ervin, George R. Ferrell,
Barbara M. Henley, Clarence A. Holland, J. Henry
McCoy, Jr., Donald @l. Merrick, Meyera E. Oberndorf,
J. Curtis Payne, Roger L. Riggs, and Patrick L.
Standing
Council Members Voting Nay:
None
Council Members absent:
None 6/4/79
-16-
(ITEM II-J.4.a) ITEM #13791 SECOND READINGS
AN ORDINANCE TO ADJUST APPROPRIATIONS FOR
SECOND AND THIRD YEARS' FUNDING FOR THE
COMMUNITY DEVFLOPMENT BLOCK GRANT PROGRAM
WHEREAS, the City has requested the Department of Housing and
Urban Development (HUD) to approve various adjustments to the City's
second and third years' funding of its Community Development Block Grant
(CDBG) Program, and
WHEREAS, HUD has approved the above-mentioned adjustments.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
That the following appropriations be adjusted as detailed:
@econd Year App From To
Seatack Sewer, Ph. 11 & Ill $ 830,660 844,193
Seatack Water, Ph. III 84,600 110,922
Seatack Streets 35,500 -
Newlight Sewer 180,000 180,000
Newlight Water 78,300 78,300
Queen City Water 4,500 5,000
Doyletown Park 5,000 5,642
Administration 49,400 49,400
Rehabilitation Loans and Grants 50,000 44,503
Total $1,318,000 1,318,000
Third Year Appropriations
Seatack Sewer, Ph. VI & VII $ 528,340 $ 856,351
Seatack Water, Ph. IV, VI, & VII 173,900 281,430
Seatack Streets 200,000 -
Newlight Sewer 141,000 410,150
Newlight lelater - 154,250
Nevilight Streets 185,081 -
Newsome Farm Sewer 511,500 50,000
Newsome Farm Water 233,200 25,000
Gracetown ',later 9,500 25,000
Low-Interest Loans and Grants 200,000 215,000
Payment of Line and Tap Fees - 120,000
Administration 60,000 100,000
Local Option and Contingencies 37,479 42,819
Total 2@,2TO,0-00 T2,2-80,000
Adopted by the Council of the City of Virginia Beach, Virginia,
on the 4 day of June , 1979.
First Reading: 1979
Second Reading: une 4, 1979
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On motion by Councilwoman Oberndorf, seconded by Councilman Holland,
City Council voted to APPROVE on SECOND READING the above ordinance
to adjust appropriations for second and third years' funding for
the Community Development Block Grant Program.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, George R. Ferrell,
Barbara M. Henley, Clarence A. Holland, J. Henry
McCoy, Jr., Donald W. Merrick, Neyera E. Oberndorf,
J. Curtis Payne, Roger L. Riggs, Patrick L. Standing
Council Members Voting Nay:
None
Council Members absent;
None
(ITEM II-J.4.b) ITEM #13792
COUNCILMAN ERVIN LEFT COUNCIL CHAMBERS
AN ORDINANCE TO ACCEPT $1,973,000 FROM THE
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
AND TO APPROPRIATE THESE FUNDS.
WHEREAS, the Department of Housing and Urban Development (HUD)
has approved partial fourth year funding for the City's Community Develop-
ment Block Grant (CDBG) Program, and
WHEREAS, the City wishes to accept this funding in order to begin
work on various capital projects to be funded by CDBG.
tiOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEAC]D, VIRGINIA:
That the partial fourth year funding be accepted and appropriated
for the following purposes:
6/4/79
Total
A,,ro, ations
4,r
Seatack Streets 7,519
Gracetown Water 146,500
Queen City Water 100,000
Flousing Rehabilitation 250,000
Newsome Farm Sewer 720,900
r4ewsome Farm Water 153,000
Newlight Streets 185,081
Total $1,973,000
That the appropriations be financed 100% by federal funds from
HUD, with no local match required.
FIRST READING: May 21, 1979
SECOND READIt4G: June 4, 1979
Adopted by the Council of the City of Virginia Beach, Virginia,
on the 4 day of June , 1979.
On motion by Councilwoman Oberndorf, seconded by Councilman Baum, City
Council voted to APPROVE on SECOND READING the above ordinance to accept
$1,973,000 from the Department of Housing and Urban Development and to
appropriate these funds. (Community Development Block Grant Program).
Voting: 10-0
Council Members Voting A,/e:
John A. Baum, George R. Ferrell, Barbara 1,1. Henley,
Clarence A. Holland, J. Henry McCoy, Jr., Donald W.
tlerrick, r@leyera E. Oberndorf, J. Curtis Payne, Roger
L. Riggs, and Patrick L. Standing
Council Members Voting Nay:
None
Council Members absent:
F. Reid Ervin
ITEM #13792(a)
Councilwoman Oberndorf requested each mernber of the Community Development
Corporation receive a Certificate of Recognition for their work on the
Corporation.
6/4/79
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(ITEM II-K.1) ITEM #13793 ADDITIONAL ACTION ITE@IS
Mr. Herbert Smith, Chairman of the Virginia Beach Development Council,
named the following mernbers appointed to prepare the report on Trans-
portation:
William Walsh, Architect
Mrs. Barbara Racine, Secretary
Captain D. J. Michaels, Commanding Officer-Oceana Naval Air Station
Major David Lytle,, former Commanding Officer-Fort Story
Jim Bergdoll, Vice President-VirginiaWesleyan College
Tif,iothy Barrow, Vice Chairman of Committee, Planner
Conrad Reed, Chairman of the Committee
Mr. Conrad Reed gave the following summary to the Virginia Beach
Development Council Public Transportation Study.
The purpose of this study is to provide the City with a comprehensive
view of all possible approaches to the developmentofatransportation
system which would serve the community both long and short range. The
very geographical nature and density distribution of the City inhibits
the structuring of a conventional fixed route network. Therefore, it
has been necessary to examine a variety of nodes that might be adapted
to accornplish the end of providing the citizenry of the City with public
transportation that would meet the needs of various segments thereof:
1. Subscription bus, van and car pools are a particularly
appropriate means of addressing the need for home-to-work
commuter transportation in Virginia Beach. It is recommended
that Virginia Beach through TTDC institute a special promotional
program to encourage creation of such pools in Virginia Beach.
It is also recommended that Virginia Beach and TTDC jointly
undertake a pilot program to identify, notify and subscribe
workers at the "home end of the trip" to .)articipate in such
pool s
2. City should confer with all major commands of the Armed
Forces to enlist their cooperation in promoting car pools,
van pools and bus use to and from assembly points.
3. Make transportation available to the elderly, handicapped,
and poor who cannotafforda car or who are legally or physically
precluded from driving a car. It is recommended that all special
transportation services for these groups be coordinated through
TTDC, with TTDC owning, maintaining and insuring the vehicles
and leasing them to the various agencies.
(4) Recommended that Virginia Beach encourage the consolidation
of taxi cab regulation and service in Tidewater. Specifically,
it is suggested that TTDC investigate the possibility of providing
centralized dipatching, maintenance and insurance for cabs in
Tidewater.
A copy of the complete report is on file in the office of the City Clerk.
6/4/79
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(ITEM II-L.1) ITEM #13794 BOARDS/COMMISSIONS
On motion by Councilman Holland, seconded by Councilman Merrick, City
Council voted to APPOINT Mrs. Walter A. Howern, Jr., (Ethel) to the
HISTORICAL REVIEW BOARD for a term of two years, beginning April 25,
1979 and terminating April 24, 1981.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, George R. Ferrell,
Barbara M. Henley, Clarence A. Holland, J. Henry
McCoy, Jr., Donald W. Merrick, Meyera E. Oberndorf,
J. Curtis Payne, Roger L. Riggs, Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
None
(ITEM II-M.]) ITEM #13795 OLD BUSINESS
Mr. Ernest F. Kerekes, a resident of Ballylinn Farms, appeared before
City Council regarding sewer hook-up in his subdivision.
Mr. Kerekes indicated that the residents of Ballylinn Farms are not
opposed to hooking up to the sewer system being installed in the area;
however, they are opposed to the manner in which the hook-up fees will
be applied, for the following reasons:
1. During the winter of 1973-74, the City Ilealth Department
made a survey which was called the "Sherry Park Sewer Survey."
In this survey, no checks were made in Ballylinn Farms, yet
they are now considered a part of the Sherry Park project.
2. Since the homeowners of Ballylinn Farms were not included
in the initial survey conducted by the Department of Health,
and were not invited to participate in the meeting held in
Sherry Park in 1970 and again in 1974, they are petitioning
the City Council that their sewer line and tap fee be the
same as that which is being Pxtended to homeowners who have
signed petitions for service prior to July 14, 1975, or as
an alternative, all homeowners of the Sherry Park project
be charged the same sewer line and tap fee.
Mr. Kerekes presented a petition from the residents of Ballylinn Farms,
a copy of which is on file in the office of the City Clerk.
Mr. Roy Bartholomew also spoke on this matter.
It was requested that the City Manager check on the advertisements
requesting citizens of Virginia Beach to sign up for sewer installation
at a lower rate; and further to study the problems of Mr. Kerekes.
6/4/79
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(ITEM II-N.1) ITEM #13796 NEW BUSI;@ESS
Council man -Lrvin i nfornied Council of the d ea th of flrs . Ma rga ret Kei s ter,
who was one of the founders of Mobilitv on Wheels, and requested a
Resolution of Appreciation to sent to each officer and director of MOW;
and also to the next of kin.
rlayor Standing indicated he has requested the Department of Parks and
Recreation to see if a plaque in Mrs. Keister's honor could be placed
in the Virginia Beach Recreation Center.
ITEM #13797
Councilwoman Henley requested that the discussion of the Causeway across
Knotts Island be placed on the INFORMAL AGENDA for the meeting of June 11,
1979, due to the possible impact on the City of Virginia Beach.
ITEM #13798
On rnotion by Councilman Payne, seconded by Councilman Baum, and by U@IANI?@OIJS
vote, City Council voted to adjourn at 5:20 p.m.
IMa@or-Patrick L. Standing
City of Virginia Beach,
Virginia
June 4, 1979
h
6/4/79