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HomeMy WebLinkAboutAPRIL 4, 1977 MINUTES OF TTIE HONORABLE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VINGINIA April 4, 1977 The regular meeting of thc Council of the City of Virginia Beach, Virginia, was called to order by Mayor Clarence A. I'lolland, in the Conference Room, in the Administration Building, Princess Anne Borough, on Monday, April 4, 1977. Council Members present: John A. Baum, Robert B. Cromwell, Jr., George R. Ferrell, John R. Griffin, Mayor Clarence A. Holland, J. @@lenry McCoy, Jr., Councilwoman @4eyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, Vice Mayor Patrick L. Standing, and Floyd E. Waterfield, Jr. ITEM @-10627 Mayor Holland entertained a motion to permit the Council to conduct an informal discussion to be followed by an Executive Session for the purpose of discussing the following: 1. Discussion or consideration of employment, assignment, appointment, promotion, demotioh, salaries, discipline or resignation of public officers, appointees or employees of any public body. 2. Discussion or consideration of the condition, acquisition or use of real property for public purpose, or other disposition of publicly held property. 3. Consultation with legal counsel and briefing by staff members, consultants, or attorneys per- taining to actual or potential litigation, or other legal matters within the jurisdiction of the public body. On motion by Councilman Payne, seconded by Councilman Cromwell, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., George R. Ferrell, John R. Griffin, Mayor Clarence A. Holland, J. Henry McCoy, Jr., Councilwoman Mevera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, Vice @.layor Patrick L. Standing, and Floyd E. Waterfield, Jr. Nays: None Absent: None City Council voted to proceed into executive session following the informal discussion. ITEM #10628 Mr. Andre' Evans, Commonwealth's Attorney, appeared before Council at the informal meeting and discussed with Council the "Witness Ilotline. " Mr. Evans stated that there will be different colored subpeonas to make it easier for the witness, such as: Green-Commonwealth subpeona; Blue-Juvenile subpeona; also the witness will be notified to how he/she should dress for court, which court and what time to be present. One of the main plans, and one which would need a Federal Grant, would be separate witness rooms; and transportation made available to the witness if he/she has no transportation. ITEM #10629 The City Manager stated that he was concerned about a report received last week at the end of the regular Council meeting, where it was noted that the citizens of this City were having some difficulty in getting their site plans and permits processed. The City Manager stated he met with Robert Loher, Director of Permits and Inspections, C. Oral Lambert, Director of Public Works, and Robert J. Scott, Director of Planning. It was the opinion of the tliree directors that the offices have been working together and will attempt to try to solve any type of hang-up. The City Manager further stated that if Council knows of any individual who has problems with his site plan or getting his permit to let him know immediately. ITEM #10630 The City Manager stated that on August 2, 1976, the Council appropriated $30,000 to do a study in human resources in this City and the possibility of establishing a human resources center in this City. It was anticipated that the City may need to construct a $4 Million facility to combine all of the human resource activities: Mental Health, Social Services and Health in this City. The City was and is utilizing a team approach regarding all of these problems as it cannot be resolved by one departmental operation. The study recommended that the building not be constructed, and the study committee recommended that they not be hired again. The City Manager introduced Doctor Manny Belfore, of Block-McGibony. Mr. Belfore stated that Virginia Beach has experienced significant growth in the last few years, and that the growth rate is expected to continue from 1976-1980 (21% increase in population), and from 1980 to 1985 there will be an additional increase of 25%. The study also broke down the population by boroughs, and it was noted that in the northern portion of the City the population is 93/@o and in the southern portion of the City the population is 7%, however, the southern portion of the City is one of the areas of growth. In deciding whether the facility is needed the study committee looked into tliree areas: I .Physician need 0. Indicators of health status 3. Accessibility Physician need - because if there is a shortage of positions one way to meet that need is with an ambulatory care need. Indicators of health status - is to look at the health status of the community, and if one identifies any health programs, conceivably the City would build special programs to respond to those problems. And conceivably those special programs would require a special facility. Accessibility - has to do with: Are the services the City's providing convenient to the population on a whole? The Study Committee recommended the following: 1. An Ambulatory Care Center should not be constructed at this time. 2. In examining the three criteria and reviewing existing data the following concerns were recognized, which should be evaluated by the City Managers Office: The City Council should encourage the development of an organized Physician Exchange under the auspices of the Virginia Beach Medical Society. This would help improve the accessibility of physicians services in the City of Virginia Beach. An organized on going data collection system is needed for the Departments of Tiealth, Mental Health, and Social Services. Data should be collected by each Department at intake in a consistent and orderly fashion. The data collected should be defined in specific terms and evaluated periodically for pertinence and format, and also should consist minimally of the following elements: A. Service used by the client. B. Financial status or pay category C. Socioeconomic information, specifically con- sisting of: Educational leval, income range, whether the client rents or owns, employment status, number of dependents, race, whether the client owns transportation, ethnic group and language. ITEM #10631 At 2:15 p.m., City Council reconvened in the Council Chambers, with the following Members present: John A. Baum, Robert B. Cromwell, Jr., George R. Ferrell, John R. Griffin, Mayor Clarence A. Holland, J. Henry @IcCoy, Jr., Council- woman @leyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, Vice Mayor Patrick L. Standing, and Floyd E. Waterfield, Jr. The invocation was given by Chaplain P. E. Jenkins, Oceana Naval Air Station Chapel, followed by the Pledge of Allegiance. ITEM #10632 On motion by Councilman Ferrell, seconded by Councilman Waterfield, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., George R. Ferrell, John R. Griffin, Mayor Clarence A. Holland, J. Henry DICCoy, Jr., Councilwoman ?Jeyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, Vice Mayor Patrick L. Standing, Floyd E. Waterfield, Jr. @lays: None Absent: None City Council approved the minutes of the regular meeting of March 28, 1977, and dispensed with the reading of said minutes inasmuch as each Member had a copy of the minutes. ITEM #10633 On motion by Councilman Waterfield, seconded by Councilman McCoy, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., George R. Ferrell, John R. Griffin, Mayor Clarence A. @@Iolland, J. Henry McCoy, Jr., Councilwoman Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs Vice Mayor Patrick L. Standing, and Floyd E. Waterfield, Jr. Nays: None Absent: None City Council adopted the following resolution proclaiming the month of April, 1977, as Public Transportation Month: WHEREAS, the development of modern and efficient public transportation is one of the most pressing needs'of today's cities; and WHFREAS, the consolidation of Tidewater Regional Transit and Tidewater Metro Transit marks the beginning of a unified regional bus system for the cities of South Hainpton Roads; and 1,THEREAS, consolidation of our transit system is an important step forward in regional cooperation for the achievement of other mutual goals; and WHEREAS, it is our desire to call the public's attention to this significant symbolic event and to emphasize the importance of public transportation for all our citizens; NOW, THEREFORE, I, ayor of the City of Virginia Bea-ch do erc- y onth of April to be PUBLIC TRA14SPORTATION MONTH in the City of Virginia Beach I and ask that all citizens join in this observance. I furthermore encourage every citizen of the City of Virginia Beach to take a bus ride in the month of April. IN WITNESS WHEREOF, I have hereunto set my hand @nd caused the Seal of the City of Virginia Beach to be af,-ixed this Fourth day of April nineteen hundred and seventy-seven. ITEII #10634 On motion by Councilman Payne, seconded by Vice Mayor Standing, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., George R. Ferrell, John R. Griffin, Mayor Clarence A. Holland, J. Henry DicCoy, Jr., Councilwoman @.leyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, Vice Mayor Patrick L. Standing, and Floyd E. Waterfield, Jr. Nays: None Absent: None City Council voted to approve on second reading the following ordinance authorizing the issuance Of $9,100,000 water and sewer revenue bonds of the City of Virginia Beach: AN ORDINANCE AUTHORIZING THE ISSUANCE OF $9,100,000 WATER AND SEWER REVENUE BONDS OF THE CITY OF VIRGINIA BEACH, VIRGINIA WHEREAS, investigations made by the Department of Public Utilities disclose that the rapid growth of the City of Virginia Beach has placed burdens on both water and sewer facilities in excess of designed capabilities which, together with anticipated future growth of the City require that the City undertake extensive improvements to its water and sewer system; and WHEREAS, the Council is advised that a Capital ImprovementProgram for water and sewer which is expected to cost approximately $59,000,000 over the next five years should commence immediately; and WHEREAS, the recently submitted report of Mayor's Committee on Water and Sewer Rates, 1977 recommends that in view of current restrictions in the City Charter on incurring general obligation debt and in order to meet the urgent needs of the water and sewer system and to continue water and sewer construc- tion through 1977, the City proceed immediately to issue $9,100,000 water and sewer revenue bonds. THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. It is hereby determined to be necessary and expedient for the City of Virginia Beach to undertake extensive improvements to its water and sewer system which will promote the health and general welfare of its inhabitants and will facilitate continued growth and orderly development of the City and to finance such water and sewer improvements for the year 1977 through the borrowing of $9,100,000 and issuing the City's revenue bonds, therefore. 2. Pursuant to the authority of the Charter of the City of Virginia Beach (Chapter 147, Acts of Assembly, 1962, as aviiended) and the Public Finance Act, as amended, there are hereby authorized to be issued $9,100,000 water and sewer revenue bonds of the City of Virginia Beach to provide funds of such bonds shall be used to repay so much of the money borrowed in anticipation of the issuance and sale of the public improvement bonds authorized by ordinance adopted March 7, 1977 as may be designated for water and sewer facilities. 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 denominations and form, be executed in such manner and be sold at such time or times and in such manner as the Council shall hereafter provide by appropriateresolution or resolutions. 4. The bonds shall be limited obligations of the City payable solely from the revenues to be derived from the water and sewer system of the City. The bonds shall state that they shall not be deemed to create or constitute an indebtedness of or a pledge of the full faith and credit of the City, the Commonwealth of Virginia or any other political subdivision of the Commonwealth. The issuance of the bonds and the undertaking of covenants, conditions and agreements to be contained in the resolution or resolutions to be adopted here- after shall not directly, indirectly or contingently obligate the City, the Commonwealth, or any other political subdivision of the Commonwealth, to levy and collect any taxes whatsoever therefore or to make any appropriation there- for except from the revenues of the water and sewer system pledged to payment of princiPaT of and interest on the bonds. 5. The resolution to be adopted hereafter authorizing the issuance and sale df the bonds and providing the details thereof shall contain appropriate covena,,nts requiring the City to fix, charge and collect such rates, fees and other charges for the use of and for the services furnished by its water and sewer system and to revise the same from time to time and as often as shall be necessary so as to produce sufficient net revenues to pay principal of and interest on the bonds as the same become due and to provide a margin of safety therefor. Such resolution shall also include such additional covenants, agree- ments and other terms as are customary for the protection of the holders of water and sewer revenue bonds. FIRST READING: March 28, 1977 SECOND READING: April 4, 1977 Adopted by the Council of the City of Virginia Beach on the 4th day of April -, 1977. HF:JDB:er 3-24-77 DEPARTMENT OF PUBLIC UTILITIES WATER CAPITAL IMPROVEMENTS PROGRAM Project No. Project Description Amount 5-300 17th Street Pump Station $ 37,000 5-403 Lynnhaven Pump Station 92,100 5-500 Holland Swamp Road Main 153,500 5-502 Shore Drive Pump Station 63,600 5-602 Birdneck Road Main 200,000 5-606 Control Center 713,300 5-607 Witchduck Tank and Pump Station 105,100 5-610 Columbus Street Tank 371,500 5-613 Point O'View Main (Engineering) 15,500 5-621 Sandbridge Distribution Mains 225,000 5-702 Southern Boulevard Main Phase I-A (Engineering) 32,900 5-704 Southern Boulevard Main Phase I-B (Engineering) 17,000 5-705 Kempsville Tank and Pump Station 821,200 5-800 Southern Boulevard Main Phase II-A (Engineering) 30,000 5-801 Laskin Road Main Phase 1 1,566,000 5-805 Atlantic Avenue Main (31st-47th) 340,000 5-850 Laskin Road Main Phase II 750,000 5-900 Southern Boulevard Main Phase II-B (Engineering) 30,000 5-901 Virginia Beach Boulevard Main Phase III 11000,000 5-902 Northampton Boulevard Main Phase II (Engineering) 37,900 5-903 Shore Drive Main (Engineering) 8,000 5-904 Lord Dunmore Drive Main (Engineering) 2,500 5-908 Kempsville Road Phase II (Engineering) 15,000 Total Water Projects $6,627,100 SEWER CAPITAL IMPROVEMENTS PROGRAM Project No. Project Description Amount 6-301 Atlantic Park Area Sanitary Sewers $ 216,800 6-303 Baylake Pines and Baylake Beach 4,000 6-304 Bayville Park (Engineering) 13,500 6-311 Birdneck Point 1,005,000 6-313 Avalon Hills (Engineering) 6,000 6-319 Repaving City Streets 100,000 6-320 Trantwood Shores 194,000 6-400 Bradford Terrace (Engineering) 2,700 6-401 Gardenwood Park (Engineering) 20,000 6-403 Thoroughgood (Engineering) 90,000 6-500 Great Neck Manor 14,000 6-501 Sherry Park (Engineering) 16,500 6-504 Lake Smith Terrace (Engineering) 11,000 6-507 Hilltop Manor 29,400 6-602 Acredale (Engineering) 15,000 6-604 North Virginia Beach (Engineering) 44,000 6-606 Cardinal Estates Pump Station 4,600 6-608 Normandy Avenue 57,900 6-620 North Virginia Beach Force Main (Engineering) 14,000 6-704 Lee Roy Drive 93,000 6-705 Nottingham Estates 142,500 6-710 Little Neck Force Main 295,000 6-801 Cape Henry Shores (Engineering) 6,800 6-802 Kempsville Colony (Engineering) 2,600 6-805 Cape Story By The Sea (Engineering) 36,600 6-902 Weaverville (Engineering) 5,000 6-903 Lynnhaven Colony (Engineering) 33,000 Total Sewer Projects $2,472,900 ITE@,t #10635 On motion by Vice Mayor Standing, seconded by Councilwoman Oberndorf, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., George R. Ferrell, Mayor Clarence A. Holland, J. r.enry McCoy, Jr., Council- woman Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, and Vice Mayor Patrick L. Standing Nays: None Abstain: Councilmen John R. Griffin, and Floyd E. Waterfield, Jr. Absent: None City Council voted to approve on second reading the following ordinance to accept $1,318,000 from the Department of Iiousing and Urban Development and to a ro ria AN ORDINANCE TO ACCEPT $1,318,000-00 FROM THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT AND TO APPROPRIATE THESE FUNDS WHEREAS, the Department of Housing and Urban Development (HUD) has approved second year funding of the Community Development Program. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That funding from HUD be accepted and appropriated for the following purposes: Total ia ' ons ro r t' Seatack Sanitary Sewerage 830,660. 00 Seatack Water 84,600.00 Seatack Streets 35,500.00 Queen City Water 4,500.00 Newlight Sanitary Sewerage 180,000.00 Newlight Water 78,300.00 Doyletown Park 5,000.00 Administration 99,440.00 TOTAL $1,3 8,000-00 That the appropriations will be financed 100% by federal funds from HUD, with no local match required. FIRST READING: idarcb 28 1977 SECOND READING: ril 4 19 7 Adopted by the Council of the City of Virginia Beach on the ith_ day of April , 1977. C@6ied to be a ttue exceapt 6,tom the minutes oA the City Councit o@ the Ci;ty o6 Vi'Lginia Beach, Vitginia, apptoved Ap@ 4, 1977 Diane M. Hickman, Deputy City CteAk JDB:ER 3-23-77 ITEM #10636 Mr. Robert J. Scott, Planning Director, discussed this ordinance with Council. On motion by Councilman McCoy, seconded by Vice Mayor Standing, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., George R. Ferrell, John R. Griffin, Mayor Clarence A. Holland, J. Henry McCoy, Jr., Councilwoman Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, Vice Mayor Patrick L. Standing, and Floyd E. @,'Iaterfield, Jr. Nays: None Absent: None City Council voted to approve the following ordinance to ratify the Master Street and Ilighway Plan dated December 16, 1974, and to amend and reordain the Master Street and Ilighway Plan pertaining to the False Cape Parkway-Dam Neck Corridor: AN ORDINANCE TO RATIFY THE MASTER STREET AND HIGHWAY PLAN DATED DECEMBER 16, 1974 AND TO AMEND AND REORDAIN THE MASTER STREET AND HIGHWAY PLAN PERTAINING TO THE FALSE CAPE PARKWAY-DAM NECK CORRIDOR BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the Master Street and Highway Plan dated December 16, 1974 is hereby ratified and the following amendments are hereby added: (1) Add a grade separated interchange at Indian River Road (False Cape Parkway) and Kempsville Road. (2) Add a grade separated interchange at False Cape Parkway and Indian Lakes Boulevard. (3) Add a grade separated interchange at False Cape Parkway, Salem Road and Princess Anne Road. (4) Realign Dam Neck Road Extended to meet North Landstown Road at Holland Road. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of @lp 1977. ,4lp7nAl 10 CONIINIR, 'y PLPPROVED TO FORM SIGNATURE CITY ATTORNEY ITEM #10637 On motion by Councilman Ferrell, seconded by Councilman Cromwell, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., George R. Ferrell, Jolin R. Griffin, Mayor Clarence A. liolland, J. Henry McCoy, Jr., Councilwoman Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, Vice Mayor Patrick L. Standing, and Floyd E. Waterfield, Jr. Nays: None Absent: None In order for a special election to be held on June 14, 1977, for the purpose of authorizing the sale of $39.9 Million in "double barrell" revenue bonds, the City Council voted to approve on first reading the following ordinance authorizing the issuance of water and sewer bonds of the City of Virginia Beach, Virginia, in an amount not to exceed $39,900,000, subject t- pproval by the qualifi,@d voters: 1),I@ Ad'fHORIZING TFIE ISSUANCE OF WATER AND SE@%TER BONDS OF TFE CITY OF VIRGINIA BEACII, VIRGINIA IN AN AMOUNT NOT TO EXCEED $39,900,000, SUBJECT TO APPROVAL BY THE QUALIFIED VOTERS WHEREAS, investigations ni@de by the Departinent of l'ul)lic Utilities disclose that the rapid growth of the City of Virginia Beach has placed burdens on both water and sewer facilities in excess of design capabilities which, together with anticipated future growth of the City, require that the City undertake extensive improvements to its water and sewer system; and WHEREAS, the Council has already authorized commence- ment of a capital improvement program for water and sewer which is expected to cost approximately $59,000,000 over the next five years; and 2 (Ch. 147, Acts of Assembly of 1962, as amended) and the Public Finance Act, as amended, there are hereby authorized to be issued water and sewer bonds of the City in an amotint not to exceed $39,900,000. 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 to exceed eight percent (8%) per year, be in such denominations and form, be executed in such manner and be sold at such time or times and in such manner as the Council may hereafter provide by appropriate resolution or resolutions. 4. The, water and sewer system is an undertaking from which the City may derive a revenue, and such bonds are not to be included within the otherwise authorized indebtedness of the City; provided, however, that from and after five years from the date of the election approving the bonds whenever and for so long as the water and sewer system fails to produce sufficient revenues to pay for the cost of operation and administration (including interest on bonds issued therefore), and the cost of insurance against loss by injury to persons or property, and an annual amount to be placed into a sinking fund sufficient to pay the bonds at or before maturity, all outstanding bonds issued on account of such undertaking shall be included in determining the limitation of the power of the City to incur indebtedness. 5. The bonds shall be general obligations of the City for the payment of principal of and interest on which its full faith and credit, as well as the net revenue from its water and sewer system, shall be irrevocably pledged. 6. The bonds shall not be issued until approved by a majority of the qualified voters of the City voting on the question of their issuance at an election to be held in the City. 3 7. Thb City Clerk is hereby authorized and directed to cause a certified copy of this ordinance to be presented to the Circuit Court of the City of Virginia Beach which is hereby requested to order an election to submit to the qualified voters of the City the question of the issuance of bonds provided for herein. 8. This ordinance shall be in full force and effect from its passage. First Reading: April 4, 1977 Second Readin@-: Adopted by the Council of the City of Virginia Beach, Virginia, on the day of 1977 ITEM "-10638 COUNCILMAN CROMWELL LEFT COUNCIL CHAMBERS On motion by Councilman Waterfield, seconded by Councilman McCoy, and by recorded vote as follows: Ayes: Councilmen John A. Baum, George R. Ferrell, John R. Griffin, Mayor Clarence A. Holland, J. Henry McCoy, Jr., Councilwoman Ileyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, Vice Mayor Patrick L. Standing, and Floyd E. Waterfield, Jr. Nays: None Absent: Councilman Robert B. Cromwell, Jr. Several months ago, the Contintential Telephone System presented a proposal which called for the conversion of the Municipal Center's present telephone system to a digital telephone system known as the SL-1 system. After studying this proposal, and those submitted by several inter- connect companies, City Council voted to adopt the following resolution authorizing the City Manager and City Clerk to execute a certain agree- ment relating to termination agreement with the Contintential Telephone System; and further authorize the City Manager to sign the necessary papers with Contintential Telephone for the installation of this new sYstem. The regular meeting of the Council of the City of Virginia Beach, Virginia, was held in the Council Chanibers of the Administra- tion Building on the 4th day of April 19 77 I On motion by Councilman Waterfield and seconded by Councilma:n McCoy the followin Resolution was adopted.. A RESOLUTION AUTIIORIZING TIIE CITY MANAGER AND CITY CLERK TO EXECUTE A CERTAIN AGREEI%IENT RELATING TO TERMINATION AGREEMENT WITH THE COIQTINENTAL TELEPHONE SYSTEM BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the City Ma'nager and the City Clerk are hereby authorized to execute an agre6ment, a copy of which is attached hereto relating to the te@mination agreement with the Continental Telephone System. ADOPTED by the Council of the City of virginia Beach, 4th April 77 Virginia, this day of 19 APPROVED: Mayor ATTEST: di-ty Clerk ITEM #10639 COUNCILMAN CROMWELL RETURNED TO CHAMBERS On motion by Councilman McCoy, seconded by Councilwoman Oberndorf, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., George R. Ferrell, John R. Griffin, Mayor Clarence A. Holland, J. Henry McCoy, Jr., Councilwoman Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, Vice Mayor Patrick L. Standing, and Floyd E. Waterfield, Jr. Nays: None Absent: None Plans are nearing completion for the opening of the Virginia Beach Recreation Center. It is anticipated that the Center will open on April 15, 1977. Because this opening date was not known while preparing for the fiscal year 1977 Operating Budget, custodial, utility, and trans- portational requirements for the Center were not included. therefore, City Council voted to approve an appropriation of $49,778 which is to be transferred from the Reserve for Contingencies - Salary Adjustments. This appropriation would fund the janitorial, utility, and transportational services for the Center through June 30, 1977. VIRGINIA BEACH RECREATION CENTER UTILITY, CUSTODIAL, TRANSPORTATIONAL REQUIREMENTS TO JUNE 30, 1977 Number Salaries: Custodial Worker II 4 (3 months) $5,616 Custodial Worker I 4 (3 months) 5,112 Maintenance Mechanic II 1 (3 months) 2,118 Maintenance Mpchanic I 1 (3 months) 1,842 Bus Drivers (4 months) 966 $15,654 Contractual Services: Electric Service (6 months) $12,500 water Service (6 months) 1,200 Sewer Service (6 months) 400 Uniform Rental 294 Bus Costs (4 months) 2,016 $16,410 Materials and Supplies: Water chemicals $ 11000 Janitorial Supplies. 1,334 Fuel (6 months) ii,ooo conversion (buses) (4 months) 105 $13,439 Capital Outlay: rIl -@- 1 0 '7 ITEM #iO640 On motion by Vice Mayor Standing, seconded by Councilman Cromwell, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., George R. Ferrell, John R. Griffin, Mayor Clarence A. Holland, J. Henry McCoy, Jr., Councilwoman Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, Vice flayor Patrick L. Standing, and Floyd E. Waterfield, Jr. Nays: None Absent: None In order to equalize City Council's appropriations for the fiscal year 1977 Drug Abuse Program with the actual grant award, the Program's budget needs to be reduced by $17,207. The reduction is due mainly to postponing the start of the Jail-Drug Counselor Program to July 1, 1977. Funds for this program will be made available at that time. The difference is as follows: Estimated Revenue to Revenue be Realized Difference Bureau of Drub Rehabilitation (BDR) $ 58,000.00 $ 52,819.00 $ 5,181.00 Division of Justice and Crime Prevention (DJCP) 43,000.00 31,666.00 11,334.00 Local Match 126,180.00 125,488.00 692.00 Total $227,180.00 $209,973.00 $17,207.00 Therefore, City Council voted to approve the request to decrease fiscal year 1977 Appropriations by $17,207 with an equivalent de- crease in Estimated Revenue. Of this $17,207, $16,334 will be from Personnel Appropriations. The remaining $837 will be from other various accounts. ITEM #10641 On motion by Vice Mayor Standing, seconded by Councilman Baum, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., George R. Ferrell, John R. Griffin, Mayor Clarence A. Holland, J. Henry McCoy, Jr., Councilwoman Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, Vice Mayor Patrick L. Standing, and Floyd E. Waterfield, Jr. Nays: None Absent: None City Council voted to approve on first reading the following ordinance to amend Sections 20-4 and 20-8 and to add Section 20-8.1 of the Code of tlie City of Virginia Beach, Virginia, relatin., to Business License Taxes: RI-QUI-SFED BY: COtIMISSIOI,@ER OF REVE@,"'IE AN ORDINANCE TO AMEND SEC-1-10NS 20-4 AND 20-8 AND TO ADD SECTION 20-8.1 OF THE CODE OF T@IE CITY OF VIRGINIA BEACII, VIRGINIA, RELATING TO BUSINESS LICENSE TAXES, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACII, VIRGINIA: That the Code of the City of Virginia Beach, Virginia, is hereby amended as follows: Section 20-4. Doing business, etc., without license; failure to obtain tag or sign. Any person conducting a business, occupation or profession, or doing other things for which a license tax is required under this chapter, without first obtain- ing the requisite license, or who shall fail to obtain any tag or sign required under this chapter, shall be guilty of a rnisdemeanor and, unless otherwise specifically provided by law, shall on conviction thereof be fined not less than five dollars nor more than one thousand dollars for each separate offense. Each day of default shall constitute a separate offense. Such conviction shall not relieve any such person from the payment of any license tax iniposed by this ordinance. Section 20-8 When license taxes due and payable. All license taxes imposed by this chapter shall be deemed to be due on the first day of May of each license year, except as otherwise stated; in all cases where the person shall begin the business or employment upon which a license is imposed under this chapter after May 1st in any license year, such license shall be due and payable at the time when said person shall commence business. Section 20-8.1. Penalties when license tax not paid on time. In ad inia Beach if license ta g hall be a IWI) of the ,...nt f said license tax; if not ter the same is due an lifteen per centum (15% shall be added to the aiflount of said license tax; and Lh reafter, the penalty shall be increased five p_@r@@ntum hirt _(5%) for every th 30) days or fraction thereof ota@linquency. 1-n no event shall the total penalty exceed thirty per centum (30%). All penalties s[iall be assessed and paid along with and in addition to said license tax. First Readin.-: April 4,1977 Second Reading: Adopted by the Council of the City of Virginia Beach, Virginia, on the day of 1977. DSH/cj 11/26/76 ITEM #10642 The following bids were received for the Columbus Street water tower: A. Stanley Mundy & Company $198,163.00 Carter-Bell Corporation 221,99i.oo Crowder Contracting Company, Inc. 225,087.00 A. Stuart Bolling Company, Inc. 226,350.00 Central Builders, Incorporated 234,885.00 W. R. Hall, Jr., Contractor 271,705.00 Williams Paving Company, Inc. 327,407.00 (Engineer's estimate - $250,000.00) On motion by COUnCilnan Payne, seconded by Councilman Griffin, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., George R. Ferrell, John R. Griffin, Mayor Clarence A. Ilolland, J. Henry McCoy, Jr., CouncilwoMan Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, Vice Mayor Patrick L. Standing, Flovd E. Waterf@ield, Jr. liays: None Absent: None CitY COuncil voted to approve the low bid of A. Stanley A4undy & Company in the amount of R198,163.00, for the Columbus Street water tower; and further authorized th, Cit Alanager to execute the necessary documents to implement the proyject. ITEM #10643 On motion by Vice Mayor Standing, seconded by Councilman Payne, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., George R. Ferrell, John R. Griffin, Mayor Clarence A. Holland, J. Henry McCoy, Jr., Councilwoman Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, Vice Mayor Patrick L. Standing, and Floyd E. Waterfield, Jr. Nays: None Absent: None City Council approved the following Standard Water/Sewer Agreements: Type Subdivision Sewer Subdivision of Parcel C, Property of Betty A. Brown (Lynnhaven Borough) Water and Sewer Oceana West Industrial Park (Lynnhaven & Princess Anne Borough) Water and Sewer Farmers Court (Princess Anne Borough) Water Oakwood Court Apartments (Beach Borough) Sewer Ronald B. & Barbara A. Kledzik (Bayside Borough) ITEM #10644 On motion by Councilman Ferrell, seconded by Vice Mayor Standing, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., George R. Ferrell, John R. Griffin, Mayor Clarence A. Holland, J. Ilenry McCoy, Jr., Councilwoman Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, Vice Mayor Patrick L. Standing, and Floyd E. Waterfield, Jr. Nays: None Absent: None City Council approved the following tax refunds in the amount of $2,061.97: Form: C'A' 7 AN ORDINANCE AUTHORIZING TAX REFUNDS Date 3-22-77 UPON APPI,ICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF TI[E TREASURER FOR PAYMENT BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the following applications for tax refunds upon certification of the Treasurer are hereby approved: Totaling $1935-22 TAX TYPE TICKET EXONERA- DATE NAME YEAR OF TAX NLTILBER TIO'4 NO. PAID PENALTY INT. TOTAL @tba P. Taylor 1977 CD 68429 3-7-77 6.25 lliam H. Holbert, Jr. 1977 CD 14824 1-14-77, 7.50 arles E. Powell 1977 CD 33893 1-24-77 7.50 oyd R. Curry 1977 CD 43349 1-6-77 7.50 aig K. Hubbard 1977 CD 48495 1-28-77 7.50 s T. Darden 1977 CD 123382 3-18-77 15.00 bert D. Vaughan 1977 CD 91418 1-13-77 7.50 rgil K. Stephens 1977 CD 98060 1-20-77 7.50 rry M. Lawrenc6 1977 CD 84848 1-7-77 7.50 rfolk Southern Ry.Co. 1976 DS-TP 17 6-10-76 193.08 .'S-TP 19 6-10-76 490.-62 IS-TP 21 6-10-76 756.87 :'S-TP 25 6-10-76 404.70 ott, Frank 1976 3P 100249 12-3-76 16.20 The above abatement(s) totaling $1, 935. 22 were approved by the Council of the City of Virginia Beach,on the 4th day of April V. A!V Etheridg6 Treasurer Approved as td form: 1. Webbon, City Clerk e Bimson, City Attorney AN ORDINANCE AUTHORIZING T@ REFUNDS Date 3@28-77 UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE TREASURER FOR PAYI-IENT BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACII, VIRGINIA: That the following applications for tax refunds upon certification of the Treasurer are hereby approved: Totaling $ 126.75 TAX TYPE TICKET EXONERK- DATE YEAR OF TAX MIBER TIOQ NO. PAID PENALTY INT. TOTAL jamin Cale 1977 CD 106690 1-31-77 7.50 liam R. Ragan 1977 CD 51893 1-11-77 7.50 erly Spector 1977 CD 16959 l@26-77 7.50 ree Tucker Richards 1977 CD 87302- .-7-77 7.50 el E. Gibson 1977 CD 86689 L-5-77 7.50 el.C. Phillips 1977 CD 20746 1-11-77 15.00 en L. Ttick 1977 CD 20342 1-7-77 7.,50 el & Bettie Miles 1977 CD 60480 1-28-77 7.50 e N. Sunaz 1977 CD 65493 2-4-77 15.00 65492 2-4-77 15.00 eph A. Copple 1977 CD 40904 1-6-77 7.50 keby, Milton & Betty 1976 RE1/2 4332 -6-10-77 21.75 The above abate,-nent(s) totaling c @126. 75 were approved by the Council of che City of Virginia Beach e 4th day of Ar)ri.1 V.@-Etheridge, Ireasurer Approved as to-form: City Clerk ITEM #10645 On motion by Councilman Griffin, seconded by Councilman Waterfield, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., George R. Ferrell, John R. Griffin, Mayor Clarence A. Holland, J. Henry McCoy, Jr., J. Curtis Payne, Roger L. Riggs, Vice Mayor Patricl: L. Stinding, and Floyd E. Waterfield, Jr. Nays: None Abstaiii: Councilwoman Meyera E. Oberndorf Absent: None City Council adopted the following resolution requesting the environmental agencies of the United States Government and the other Federal agencies to grant permission for the present spoil site to be used to eliminate the shoaling in the artifical channel and that permission be granted to the Norfolk Dred in Com an to continue dred in within this area and ut Requested by: Councilman John R. Griffin The regular meeting of the Council of the City of Virginia Beach, Virginia, was held in the Council Chambers of the Administration Building of the City on the 4th day of April, 1977. On motion by Mr. John Griffin and seconded by Mr. Floyd Waterfield the following resolution was adopted. R E S 0 L U T I 0 N WHEREAS, the environmental agencies of the United States Government approved tV,e spoil site on "Pleasure House Point" in January, 1977; and WHEREAS, the United States Army Corps of Engineers is presently engaged in a congressionally authorized dredging project in the Lynnhaven Inlet and connecting waters and the material being dredged is being placed on the aforementioned approved spoil site; and WHEREAS, the dredging of a new channel and abandonment of the previously existing channel has caused shoaling of the original channel to the detriment of the business establishments which have traditionally used that channel for ingress and egress; and WHEREAS, the Council of the City of Virginia Beach feels t@at the main purpose of the congressional authorization was to improve recreational and commercial boating navigation for this area and for the City of Virginia Beach; and WHEREAS, the bypassing of the original main channel with the artificial channel was unforeseen and unexpected and is working a hardship for the citizens of the area and the City. THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the environmental protection agencies and the other federal agencies be requested to grant permission that the present spoil site be used t6 eliminate the shoaling in the artificial channel and that permission be granted to the Norfolk Dredging Company to continue dredging within this area and put the material on the presently authorized site. THEREFORE, BE IT FURTHER RESOLVED that the City Clerk is hereby directed to forward a copy of this resolution immediately to the Honorable G. William Whitehurst, House of Representatives, Second Congressional District, Washington, D. C. for his favorable action. JDB/cj Certified to be a true excerpt of the Minutes of the City Council 4-4-77 c Virginia Beacii, Virginia, approved April 4, 1977. JDB/er 4-5-77 T -1 , ity er ITEM #10647 On motion by Councilman Ferrell, seconded by Councilman McCoy, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., George R. Ferrell, John R. Griffin, Mayor Clarence A. Ilolland, J. Ilenry McCoy, Jr., Councilwoman Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, Vice Ilayor Patrick L. Standing, and Floyd E. Waterfield, Jr. Nays: None Absent: None City Council voted to adjourn into the informal meeting to continue with the informal agenda. ITEM #10648 The City Manager stated that there is a parcel of property owned by F. Wayne McLesky at Rudee Inlet. Tlie property is bulkheaded and it has been requested that a large boat be brought to Rudee Inlet for the purpose of being used as a "Floating Restaurant." It was noted that the restaurant would qualify under the B-4 zoning. ITEM #10649 Mayor Holland discussed with Council the CBS Tennis Tournament stating that it would be a great benefit to the City in advertising and also the businesses in the area would benefit by this tournament. ITEM #10650 l,layor ilolland reminded Council of the presentation by the School Board of their budget on Thursday, April 7, 1977, at 7:30 p.m., in the Council Conference Room, to be followed by an executive session. The City Attorney informed the Mayor and Members of Council that this would have to be done by niotion and in the regular formal session. ITEM #10651 At 4:15 p.m., Council reconvened in the Council Chambers with the following members present: John A. Baum, Robert B. Cromwell, Jr., George R. Ferrell, John R. Griffin, Mayor Clarence A. Holland, J. Henry McCoy, Jr., Council- woman Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, Vice Mayor Patrick L. Standing, and Floyd E. Waterfield, Jr. ITEM #10652 On motion by Vice Mayor Standing, seconded by Councilman Baum, and by recorded vote as follows: Ayes: Councilmen John A. Baum, George R. Ferrell, John R. Griffin, Idayor Clarence A. Ilolland, J. Curtis Payne, Vice Mayor Patrick L. Standing, and Floyd E. Waterfield, Jr. Nays: Councilmen J. Henry McCoy, Jr., Councilwo-man Ileyera E. Oberndorf, and Roger L. Riggs Abstain: Councilman Robert B. Cromwell, Jr. Absent: None City Council voted to approve the purchase of two box seats at the CBS Tennis Tournament, at $500 each; one full page ad in a newspaper wel- coming visitors to Virginia Beach, at $300; appointing someone to co- ordinate seating; and use seats, when not being used by invited guests, for under-privileged persons and/or senior citizens. ITEM #10653 on motion by Councilman Riggs, seconded by Councilman McCoy, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., George R. Ferrell, John R. Griffin, Mayor Clarence A. Holland, J. Ilenry McCoy, Jr., Councilwoman Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, Vice Mayor Patrick L. Standing, and Floyd E. Waterfield, Jr. Nays: None Absent: None City Council voted to hold a Special Meeting on Thursday night, April 7, 1977, at 7:30 p.m., in the Council Conference Room for the presentation of the School Board Budget to be followed by an executive session for discussion of 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. 2. Investing of public funds where competition or bargaining are involved where, if made public initially, the financial interest of the governing unit would be adversely affected. ITEM #10654 On motion by Councilman Ferrell, seconded by Councilman McCoy, and by unanimous vote, the meeting adjourned. Richard J. 't-bbon, City Clerk Mayor Clarence A. Holland, M@ F City of Virginia Beach, Virginia April 4, 1977