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HomeMy WebLinkAboutJULY 3, 1978 01@'.@ I.E CITY C@.@@ U.ICI@@@ C..TE. AGENDA 0.@Cl, @l@.I.@A 23@@@ The City Cc>uncil of the City of virginia Beach, Virginia, will asserrble in the Administration Building, Princess Arme Borough, Virginia Beach, Virginia, in Regular Session at 1:00 p.m., on bbnday, July 3, 1978 for the purpose of conduct- ing public business and will hear and act upon the following item : 1. Call to order in the Council Conference Poom by the Honorable Clarence A. Holland, Mayor. 2. Roll Call of the Council. 3. Moticn to recess into Info@ Discussion to be follmnd by an Executive Session. Upon conclusion of the Executive Session, City Council will recon- vene in the City Council Chanbers. 4. The Invocation will be given at 2:00 p.m., by the Reverend Fletcher Hutcheson, Bayside Presbyterian Church, Virginia Beach, Virginia. Please remin standing for the Pledge of Allegiance. 5. Roll Call of the Council. 6. The Clerk of the Circuit Court, John V. Fentress, will receive the gavel fr(xn Mayor Holland and will serve as teniporary chairman for the purpose of receiving nonunat.ions for mayor and Vi-cc-Mayor for the term beg=mg July 1, 1978 and ending June 30, 1980. 7. The City Clerk will report the tabulation of votes for Mayor and Vice Mayor resl@ctively after which Mr. Fentress will swear thezn in for the terns of their office. 8. minutes of the Council Meeting of June 26, 1978 to be presented for acceptance and approval. 9. Public Hearing: NOTICE OF PUBLIC HEARING The Citv Council of the Citv of Virzinia Beach will hold a vublic hearinr u,v, City Council and will be enacted by one mtion in the form listed. There will be no separate discussion of these iterm. If discussion is desired, that item will be remved from the consent agenda alid oc)nsidered separately. a. City Council is requested to approve on second reading an ordinance to appropriate $11,500 to Sandbridge Fire Brigade, Lic. for building addition and @rov@-its and and ord@ce to appropriate $14,000 to Thalia Volunteer Fire De 'it for inprovetrents. b. City Council is requested to approve on second reading an ordinance to provide secc)nd year funding, in the amunt of $26,392, for the Continuing Fiducation i-n Mental Health and Aging Grant. c. City Council is requested to approve on second reading an ordinance to transfer funds, in the amunt of $1,650,000, from the General Fund to School Capital project fund for appropriatio@-i to school projects. d. City Council is requested to approve on second reading an ordinance to accept $12,712 from the Southeastern Tidewater Area l@power Authority and to appropriate these funds. e. Letter from the City Manager recomending that City Council approve an ordinance to @d and reordain Chapter 13, Sections 13-1 and 13-2 of the Cc>de of the City of Virginia Beach and to prescribe election districts and voting places within the City of Virginia Beach. f. Letter from the City Manager reconmnding that City Council approve an ordinance to authorize the acvlsition of permnent eas@ts of right of way for virginia Beach Borough punp station and storage facility pro- ject #5-803 by agreemnt or by condennation. g. Letter fran the City Manager reco@ding that City Council approve the request of Mr. Ivan D. Mapp, Co@ssioner of @ Revenue, for license re- funds in the amunt of $88.68. h. Letter fr(xn the City Manager reco@ding that City Council approve the request of Mr. John T. Atkinson, City Treasurer, for tax refunds in the amunt of $897.49. 11. @tter frcm the City Manager trans@tting the rec@dation of the Planning Corrmission for denial of the application of Sea Bay Develo @t Corporation for a change of zoning from R-7 Residential District to B-2 @, ity Business c)n the north side of Norfolk Avenue MINUTES OF THE HONORABLE CTTY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA July 3, 1978 The regular meeting of the Council of the City of Virginia Beach, Virginia, was called to order by Mayor Clarence A. Holland, in the Conference Room, in the Administration Building, on Monday, July 3, 1978, at 1:00 p.m. Council Members present: John A. Baum, F. Reid Ervin, George R. Ferrell, Councilwoman Barbara M. Henley, Mayor Clarence A. Holland, J. Henry McCoy, Jr., Donald W. Merrick, Councilwoman Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, and Vice Mayor Patrick L. Standing ITEM #12376 Mayor liolland entertained a motion to permit Council to conduct an informal meeting to be followed by an executive session for the purpose 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. 2. Discussion or consideration of the condition, acquisition or use of real property for public purpose, or other dis- position of publicly held property. On motion by Vice Mayor Standing, seconded by Councilman Ferrell, and by recorded vote as follows: Ayes: Councilmen John A. Baum, F. Reid Ervin, George R. Ferrell, Councilwoman Barbara M. Henley, Mayor Clarence A. liolland, J. Ilenry McCoy, Jr., Donald W. Merrick, Councilwoman Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, and Vice Mayor Patrick L. Standing Navs: None Absent: None City Council voted to proceed into the executive session following the informal discussion. ITEM #12377 Councilman Merrick requested that an ordinance regarding the receipt of Council agendas be placed on the agenda of July 10, 1978, both informal and formal. ITEM #12378 Councilman Merrick stated it was his impression that Council hired the consulting firm to go over the City-wide pay survey, and was surprised to read in THE BEAM that the consultants have been asked to make a national labor market comparision of top management positions, such as City Manager and department heads; Southeast regional survey of selected middle-management, and they were also directed to make a labor market survey, such as police officers, secretaries, etc. The City Manager stated he has a list of consultants for Council's approval, and planned to bring this matter up in the executive session. 7 / 3 / 7 8 - 2 - ITEM #12379 Councilman Merrick requested information on how the City goes about getting approval for more monies than was allocated on a particular project. The City Manager informed Council he would come back to Council and request additional funds for that project. ITEM #12380 Councilman Merrick stated Council received a letter from Mr. Harshaw regarding Hobie Cats at the beach, and requested a staff member from the Department of Parks and Recreation to check into this matter to come up with designated areas for Hobie Cats, etc. Councilman Ervin stated that trail bikes and other vehicles are beginning to use the beach again, and at one time there was a full-time officer patrolling the beaches. The City Manager stated he would have the police check into this matter. TTEM #12381 Councilwoman Oberndorf stated she was at Mount Trashmore on July 2, 1978, for Family Day, and was very impressed by the work put into this by the Department of Parks and Recreation, and also wished to commend the police department for the excellent job they did in handling the crowds. ITEM #12382 The City Manager informed Council of the death of Mr. John Osmond, who worked very diligently with Council on the Virginia Beach Tomorrow Program. ITEM #12383 At 2:10 p.m., City Council reconvened in the Council Chambers with the following Members present: John A. Baum, F. Reid Ervin, George R. Ferrell, Councilwoman Barbara M. Henley, Mayor Clarence A. Holland, J. Henry McCoy, Jr., Donald W. Merrick, Councilwoman Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, and Vice Mayor Patrick L. Standing. The invocation was given by the Reverend Fletcher Hutcheson, Bayside Presbyterian Church, followed by the Pledge of Allegiance. ITEM #12384 Mayor Holland turned the gavel over to Mr. John V. Fentress, Clerk of the Circuit Court, for the purpose of administering the Oath of Office to the newly elected Council Members, and also for the election of a Mayor and Vice Mayor. ITEM #12385 Mr. Fentress stated that the following newly elected Council Members have been sworn in on or before July 1, 1978: Councilman F. Reid Ervin Councilwoman Barbara M. Henley Mayor Clarence A. Holland Councilman J. Henry McCoy, Jr. Councilman Donald W. Merrick Vice Mayor Patrick L. Standing Copies of their Oath of Office are on file in the Office of the City Clerk. 7 / 3 / 7 8 ITEM 12386 Mr. Fentress opened the floor to nominations for the election of a Mayor of the City of Virginia, Beacb, Virginia. Mayor Ilolland made a motion, seconded by Councilman Payne, that the name of Vice Mayor Patrick L. Standing be placed in nomination. Councilwoman Henley placed the name of Councilwoman Meyera E. Oberndorf in nomination. Councilman Ervin placed tbe name of Councilman Donald W, Merrick in nomination. On motion by Councilman Payne, seconded by Councilman McCoy, and by recorded vote as follows: Ayes: Councilmen John A. Baum, F. Reid Ervin, George R. Ferrell., Councilwoman Barbara M. Henley, Mayor Clarence A. Holland, J, Henry McCoy, Jr., Donald W. Merrick, Councilwoman Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, and Vice Mayor Patrick L. Standing Nays: None Absent: None City Council closed the nominations-for Mayor. RECORDED VOTE ON THE NOMINATIONS WAS AS FOLLOWS: Those in favor of Vice Mayor Standing: Council Members John A. Baum, George R. Ferrell, Mayor Clarence A. Holland, J. Henry McCoy, Jr., J. Curtis Payne, Roger L. Riggs, and Vice Mayor Patrick L. Standing. Those in favor of Councilwoman Oberndorf: Councilwoman Barbara M. Henley, and Councilwoman Meyera E. Oberndorf. Those in favor of Councilman Merrick: Councilmen F, Reid Ervin, and Donald W. Merrick Absent: None City Council elected Vice Mayor Patrick L, Standing as Mayor of the City of Virginia Beach, Virginia. ITEM #12387 Mr. Fentress opened the floor to nominations for the election of a Vice Mayor of the City of Virginia Beach, Virginia. Councilman Ferrell made a motion, seconded by Councilman Baum, to place the name of Councilman J. Henry McCoy, Jr., in nomination. Councilwoman Henley placed the name of Councilwoman Meyera E. Oberndorf in nomination. On motion by Mayor Standing, seconded by Councilman Riggs, and by recorded vote as follows: Ayes: Councilmen John A. Baum, F. Reid Ervin, George R. Ferrell, Councilwoman Barbara M. Henley, Clarence A. Holland, J. Henry McCoy, Jr., Donald W. Merrick, Councilwoman Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, and Mayor Patrick L. Standing Nays: None Absent: City Council closed the nominations for Vice Mayor. 7 / 3 / 7 8 7 / 3 / 7 8 - 4 - THE RECORDED VOTE ON THE NOMINATIONS WAS AS FOLLOWS: Those in favor of Councilman J. Henry McCoy, Jr.: Council Members John A. Baum, F. Reid Ervin, George R. Ferrell, Clarence A. Holland, J. Henry McCoy, Jr., J. Curtis Payne, Roger L. Riggs, and Mayor Patrick L. Standing. Those in favor of Councilwoman Meyera E. Oberndorf: Council Members Councilwoman Barbara M. Henley, Donald W. Merrick, and Councilwoman Meyera E. Oberndorf Absent: None City Council elected Councilman J. Henry McCoy, Jr., and Vice Mayor of the City of Virginia Beach, Virginia. ITEM #12388 Mr. John V. Fentress, Clerk of Circuit Court, administered the Oath of Office to Vice Ilayor Patrick L. Standing, as Mayor of the City of Virginia Beach, and to Councilman J. Henry McCoy, Jr., as Vice Mayor of the City of Virginia Beach. TTEM #12389 On motion by Councilman Payne, seconded by Councilman Holland, and by recorded vote as follows: Ayes: Councilmen John A. Baum, F. Reid Ervin, George R. Ferrell, Councilwoman Barbara M. Henley, Clarence A. Holland, Vice Mayor J. Henry McCoy, Jr., Donald W. Merrick, Councilwoman Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, and Mayor Patrick L. Standing Nays: None Absent: None City Council voted to approve the minutes of the regular meeting of June 26, 1978, with corrections, and dispensed with the reading of said minutes inasmuch as each Council Member had a copy: Correction to item #12368 - Councilwoman Oberndorf voted "Nay" instead of "Aye" in that petition. ITEM #12390 The City Clerk read the following Public Notice: "The City Council of the City of Virginia Beach, Virginia, will hold a public hearing on Monday, July 3, 1978, at 2:00 p.m., in the Council Chambers, Administrative Building, Municipal Center, Virginia Beach, Virginia, on the proposed use of Revenue Sharing Funds totaling approximately $5.6 rqillion for the tenth entitlement period: (October 1, 1978-September 30, 1979) and the proposed use of General Obligation Bonds to be issued as authorized in the City Charter for calendar year 1978 in the amount of $16.4 million. The amounts and categories proposed are as follows: 7 / 3 / 7 8 - 5 - evenue rin General Bonds 0 r Schools $1,687,207 $ 7,014,543 Engineering & Highways 3,240,930 759,070 Buildings 607,863 8,016,387 5 397 610 000 Parks & Recreation Totals $5,589.397 $16,400,000 Persons wishing to appear before city Council either in favor Of or opposed to the proposed use of Revenue Sharing Funds should register with the city Clerk by letter or telephone no Wednesday, June 28, 1978. later than 5:00 P.m., ity Clerk's Persons may also register at the C desk prior to the opening of the meeting." The following persons spoke at the Publi@ Hearing: Mr. E. J. Conway, 2222 Arctic Avenue, requested that some of the money received from the Federal Government be given to those persons who are not as fortunate as others. M . redawa@rd- DaShiell representing the North Virginia Beach Civic League, spoke to Council with regards to item 2-804, North Virginia Beach Storm Drainage - Phase II. The City Manager indicated to Council and Mr. DaShiel that the force main line being designed in the first phase of this pro- ject will be continued, and the force main line will be installed as indicated and would not cause any delay in the sewer work. The City Manager further indicated he would be coming back to Council in February of 1979, with a new bonding recommendion for that year. Councilman Ervin stated that his concern was that the force main and the trunk main for domestic water was being built in an 8 or 7 block segment, and unless that's beine Dulled nut and constructed separately the facilities being constructed cannot be used for several years. This matter will be brought up for formal vote on July 10, 1978. ITEM #12391 The City Clerk read the following Public Notice: "Notice is hereon given that the City Council of the City of Virginia Beach will on Monday, July 3, in accordance with Section 24.1-36 of the Code of Virginia, propose the adoption of the following ordinance which designates election districts and identifies the polling places therein." On motion by Councilman Ferrell, seconded by Councilwoman Oberndorf, and by recorded vote as follows: Ayes: Councilmen John A. Baum, F. Reid Ervin, George R. Ferrell, Councilwoman Barbara M. lienley, Clarence A. Holland, Vice Mayor J. Henry McCoy, Jr., Donald W. Merrick, Councilwoman Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, and Mayor Patrick L. Standing Nays: None Absent: None City Council voted to approve the following ordinance to amend and reordain Cbapter 13, Section 13-1 and 13-2 of the Code of the City of Virginia Beach and to prescribe election districts and voting places within the City of Virginia Beach: 7/3/78 Requested by: Electoral Board AN ORDINANCE TO A@IEND AND REORDAIN CHAPTER 13, SECTIONS 13-1 AND 13-2 OF THE CODE OF THE CITY OF VIRGINIA BEACH AND TO PRESCRIBE ELECTION DISTRICTS AND VOTING PLACES WITHIN THE CITY OF VIRGINIA BEACH BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Sections 13-1 and 13-2 of the Code of the City of Virginia Beach, Virginia are hereby amended and reordained to read as follows: Section 13-1: There are hereby established in the City of Virginia Beach the following election districts and their respective voting places, as set forth below: ELECTION DISTRICT VOTING PLACES Virginia Beach - A 40th Street and Pacific Avenue Virginia Beach - B Virginia Beach Junior High School Virginia Beach - C Cooke Elementary School Linkhorn Linkhorn Elementary School Seatack Seatack Elementary School Oceana Knights of Columbus Hall 235 First Colonial Road Little Neck Kingston Elementary School London Bridge London Bridge Baptist Church Trantwood Trantwood Elementary School Great Neck John B. Dey Elementary School Cape Henry Research and Enlightenment Building Plaza Lynnhaven Elementary School Windsor Woods Windsor Woods Elementary School Malibu Malibu Elementary School Aragona - A Old Donation Elementary School Aragona - B Aragona Elementary School Chesapeake Beach Chesapeake Beach Volunteer Fire Department Thoroughgood Thoroughgood Elementary School 7 / 3 / 7 8 7 - Shelton Park Shelton Park Elementary School Bayside Bayside Elementary School Davis Corner Bettie F. Williams Elementary School Kempsville Point of View Elementary School Arrowhead Arrowhead Elementary School Larkspur Kempsville Meadows Elementary School Woodstock Woodstock Elementary School Kemps Landing Fairfield Elementary School Kempsville High Kempsville Junior High School Thalia Thalia Elementary School Mount Trashmore United Way Family Center Courthouse - A Holland Elementary School Courthouse - B Courthouse Volunteer Fire Station Brocks Bridge Barnes Store Sigma Sandbridge Volunteer Fire Station Creeds Creeds Volunteer Fire Department Capps Shop Pleasant Ridge Barber Shop Blackwater Blackwater Fire Station Central Absentee Voter City Hall, Circuit Court, Room 6 Election District Section 13-2: The geographical boundaries of the election districts as set forth in Section 13-1 are hereby established as delineated on a certain map prepared by the planning staff of the City of Virginia Beach and captioned "Election Districts," which map is hereby approved. The Clerk of the Council shall endorse the aforesaid map the date of Council's approval thereof and file the original map with the minutes of this day's meeting and shall cause exact copies thereof to be filed with the General Registrar of the City of Virginia Beach, the Clerk of the Circuit Court and the Planning Department. Adopted by the Council of the City of Virginia Beach on the 3,d day of July 1978. APPROVED AS TO CONTENTS SIGNATURE DEPARTtbtNT @,7;vz D AS TO FORM SIGNATURE JDB:er ITY ATTORNEY 6-14-78 -Fc 7 / 37 8 8 - ITEM #12392 On motion by Vice Mayor McCoy, seconded by Councilwoman Oberndorf, and by recorded vote as follows: Ayes: Councilmen John A. Baum, F. Reid Ervin, George R. Ferrell, Councilwoman Barbara M. Henley, Clarence A. Holland, Vice Mayor J. Henry McCoy, Jr., Donald W. Merrick, Councilwoman Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, and Mayor Patrick L. Standing Nays: None Absent: None City Council voted to approve on second reading the following ordinance to appropriate $11,500 to Sandbridge Fire Brigade, Inc., for building addition and improvements; and further voted to approve on second reading the following ordinance to appropriate $14,000 to Thalia Volunteer Fire Department for improvements: AN ORDINANCE TO APPROPRIATE $11,500 TO SANDBRIDGE FIRE BRIGADE, INC. FOR BUILDING ADDITION AND IMPROVEMENTS WHERF-AS, the firefighters of Sandbridge Fire Brigade, Inc. in July 1977 completed a $39,000 addition to the temporary fire station which had been provided by the city, and WHEREAS, this addition was financed through funds obtained from a combination of public solicitation ($23,000), receive funds ($6,000) and a bank loan ($10,000) and WHEREAS, the fire company now plans a fund drive to purchase equipment and considers it improbable that sufficient funds can be obtained to purchase the equipment and pay off the bank loan on the building and, WHERF-AS, an appropriation of $11,500 to pay off the bank loan and interest has been made by the fire company since the city is the owner of the building, and WHEREAS, City Council desires to assist the Sandbridge Fire Brigade, Inc. NOW, THEREFORE, BE IT RESOLVED BY THE O-OUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That $11,500 be appropriated from General Furld Balance and paid to the Sandbridge Fire Brigade, Inc. to repay the barik loan and interest. For state authority see 15.1@2,5 Code of Virginia, as amended. First Reading: June 26, 1978 Second Reading: July 3, 1978 Adopted by the Council of the City of Virginia Beach on the -3rd day of July 1 1978. 9 - AN ORDINANCE TO Al'PROPRIATE $14,000 TO THALIA VOLUNTEER FIRE DEPARTMENT WHEREAS, Thalia Volunteer Fire Department plans to enlarge and make improvements to the Thalia Fire Station including enlargement of the kitchen area, the addition of a new shower and rest room facilities, a meeting/recreation room and office space and, WHEREAS, the company does not have sufficient funds for this purpose and has requested a loan of @14,000 from the city, and WHEREAS, it is the desire of the City Council to provide for the continued betterment of the paid/volunteer members through increased morale and, WHEREAS, City Council does not promote loan programs with Volunteer Fire Companies, NOW,THEREFORE,BE IT RESOLVED BY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That $14,000 is hereby appropriated from the General Fund Balance for payment to Thalia Volunteer Fire Department for the purpose of making the improvements. First Reading: June 26, 1978 Second Reading: July 3, 1978 Adopted by the Council of the City of Virginia Beach on the - 3rd day of July 1 1978. For state authority see 15.1-25 Code of Virginia, as amended. 7/3/78 -10- ITEM #12393 On motion by Vice Mayor McCoy, seconded by Councilwoman Oberndorf, and by recorded vote as follows: Ayes: Councilmen John A. Baum, F. Reid Ervin, George R. Ferrell, Councilwoman Barbara M. Henley, Clarence A. Holland, Vice Mayor J. Henry McCoy, Jr., Donald W. Merrick, Councilwoman Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, and Mayor Patrick L. Standing Nays: None Absent: None City Council voted to approve on second reading the following ordinance to provide second year funding, in the amount of $26,392, for the Continuing Education in Mental Health and Aging Grant: AN ORDINANCE TO PROVIDE SECOND YEAR FUNDING FOR THE CONTINUING EDUCATION IN MENTAL HEALTH AND AGING GRANT WHEREAS, the Department of Mental Health and Mental Retardation desires to provide a selected group of professionals, paraprofessionals, city officials, and community leaders with a training and educational program in mental health and aging, and WHEREAS, the Department of Health, Education, and Welfare will provide second year funding in the amount of $26, 392, for this purpose. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the City Manager is hereby authorized to accept the grant for the city, and funds are hereby appropriated for the following purpose: Estimated Revenue Total From Other Agencies Appropriations Continuing Education in Mental Health and Aging $26,392 $26,392 BE IT FURTHER ORDAINED that the appropriations will be financed by $26,392 estimated revenue from the Department of Health, Education, and Welfare. FIRST READING: June 26, 1978 - I I - ITEM #12394 On motion by Vice Mayor McCoy, seconded by Councilwoman Oberndorf, and by recorded vote as follows: Ayes: Councilmen John A. Baum, F. Reid Ervin, George R. Ferrell, Councilwoman Barbara M. lienley, Clarence A. Holland, Vice Mayor J. Henry McCoy, Jr., Donald W. Merrick, Councilwoman Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, and Mayor Patrick L. Standing Nays: None Absent: None City Council voted to approve on second reading the following ordinance to transfer funds, in the amount of $1,650,000, from the General Fund to School Capital project fund for appropriation to school projects: AN ORDINANCE TO TRANSFER FU@ZDS FROM THE GENERAL FUND TO SCHOOL CAPITAL PROJECT FUND FOR APPROPRIATION TO SCHOOL PROJECTS WHEREAS, the School Board of the City of Virginia Beach entered into contracts for constrcti,, 'f several elementary and high schools and,, WHEREAS, funds were Provided from proceeds of bond issues of prior years for progress payments to contractors and, WHEREAS, additional funds will b, required from bonds plained to be sold prior to December 31, 1978 and, WHEREAS, the authorization of this bond issue is planned during July 1978 so that Bond Anticipation Notes may be issued to provide cash-flow until the sale of bonds in late 1978 and, WHEREAS, funds are required for contractor payments prior to June 30, 1978 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF Til.E CITZ OF VIRGINIA BEACH, VIRGINIA: That $1,650,000 be transferred fr,, the General Fund to the School Capital Projects Fund and appropriated for the following projects: i@1-404 Green Run Senior High School $1,ooo,ooo #1-600 Brandon Junior High School 497,000 YAI-607 White Oaks Elementary School 130,000 #1-805 Indian Lakes Elementary School 23 000 Total $1,650,000 B E IT FURTHER ORDAINED that the above amount will be deducted irom future funding that may be provided t, the S,h,.l B.ard@ of the City of Virginia Beacii, Virginia. First Reading:_ n, 2 1 9 7 8 Second Reading: Ju'Y 1, 1971 - 1 2 - ITEM #12395 On motion by Vice Mayor McCoy, seconded by Councilwoman Oberndorf, and by recorded vote as follows: Ayes: Councilmen John A. Baum, F. Reid Ervin, George R. Ferrell, Councilwoman Barbara M. Henley, Clarence A. Holland, Vice Mayor J. Ilenry McCoy, Jr., Donald W. Merrick, Councilwoman Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, and Mayor Patrick L. Standing Nays: None Absent: None City Council voted to approve on second reading the following ordinance to accept $12,712 from the Southeastern Tidewater Area Manpower Authority and to appropriate these funds: AN ORDINANCE TO ACCEPT $12,712 FROM THE SOUTHEASTERN TIDEWATER AREA MAN- POWER AUTHORITY AND TO APPROPRIATE THESE FUNDS WHEREAS, the City Council, on March 7, 1977, approved $34,173 in initial funding for the City's current Title II Eraployment Program under the Comprehensive Employment and Training Act of 1973 (CETA), and WHEREAS, the City Council, on June 13, 1977, approved $584,335 in additional funding, of which only $580,926 was actually appropriated, due to a reduction of available funds by the Department of Labor, and WHEREAS, the Southeastern Tidewater Area Manpower Authority (STAMA) has now approved $12,712 in additional funding, which the City wishes to accept. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the City Manager is hereby authorized to accept the grant for the City, and funds are hereby appropriated for the following purpose: Estimated Revenue Total From Other Agencies Appropriations CETA-Title II 712 $12 712 BE IT FURTHER ORDAINED that the appropriations will be financed 100% by federal funds from STAMA, with no local match required. F IRST READING: J un e 2 6. 1 9 7 8 SECOND READING: July 3, 1978 Adopted by the Council of the City of Virginia Beach on the3 day of July -1 1978. 7 / 3 / 7 8 - 1 3 - ITEM #12396 On motion by Vice Mayor McCoy, seconded by Councilwoman Oberndorf, and by recorded vote as follows: Ayes: Councilmen John A. Baum, F. Reid Ervin, George R. Ferrell, Councilwoman Barbara M. Henley, Clarence A. Ilolland, Vice Mayor J. Henry McCoy, Jr., Donald W. Merrick, Councilwoman Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, and Mayor Patrick L. Standing Nays: None Absent: None City Council voted to approve the following ordinance to authorize the acquisition of permanent easements of right-of-way for Virginia Beach Borough pump station and storage facility project #5-803 by agreement or by condemnation: AN ORDINANCE TO AUTHORIZE ACQUISITION OF PER@IANENT EASE@IENTS OF RIGHT OF WAY FOR VIRGINIA BEACH BOROUGH PUilP STATION AND STORAGE FACILITY PROJECT 5-803 BY AGREEMENT OR BY CONDEMNATION. WHEREAS, in the opinion of the Council of tile City of Virginia Beach, Virginia, a public necessity exists for the construction and installation of this important project to provide water and for other public purposes for the preservation of the safety, health, peace, good order, convenience, morals and welfare of the people in the City of Virginia Beach. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: SECTION 1. That the City Attorney, is hereby authorized and directed to acquire by purchase or condemnation pursuant to Section 15.1-236, et seq., and Section 33.189, et seq., Code of Virginia of 1950, as amended, all that certain real property in permanent easements of right of way as shown on the plats entitled "Virginia Beach Borough Pump Station and Storage Facility" the plan being on file in the Office of Real Estate, Department of Public Works, Virginia Beach, Virginia. Section 2. The City Attorney, is hereby authorized to make or cause to be made on behalf of the City of Virginia Beach a reasonable offer to the owners or persons having an interest to 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 full force and effect from the date of its adoption. -i4- ITEM #12397 On motion by Vice Mayor McCoy, seconded by Councilwoman Oberndorf, and by recorded vote as follows: Ayes: Councilmen John A. Baum, F. Reid Ervin, George R. Ferrell, Councilwoman Barbara M. Henley, Clarence A. Holland, Vice Mayor J. Henry McCoy, Jr., Donald W. Merrick, Councilwoman Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, and Mayor Patrick L. Standing Nays: None Absent: None "i.ty C06ncil voted to approve the following license refunds in the amount of $$88.68: BE IT ORDAINED BY TRE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the following applications for license refunds, upon certification of the Commissioner of the Revenue are hereby approved: LICENSE DATE NAME YEAR PAID BASE PENALTY INT, TOTAL @'EaThEr,,-i@-P IN INC ig,/6-l9V8 88.b'6 Cel ayment: Ivari D. Mapp Commissioner ofae Approved as fo- on ey The above abatement(s) totaling $ 8 86 8 were approved by the Council of the City of Virginia Beach on the 3 day of July 19 7 8 - 15 - ITE@l #12398 On motion by Vice Mayor McCoy, seconded by Councilwoman Oberndorf, and by recorded vote as follows: Ayes: Councilmen John A. Baum, F. Reid Ervin, George R. Ferrell, Councilwoman Barbara M. Henley, Clarence A. Holland, Vice Mayor J. Henry McCoy, Jr., Donald W. @ferrick, Councilwoman Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, and Mayor Patrick L. Standin @. Nays: None Absent: None City Council voted to approve the following tax refunds in the amount of $897.49: Totaling $120,75 TAX TYPE TICKET EXO\ER-k- D -kT YEAR OF TAX NLr'LBER TIO',' NO. PATD PEN'-KLTY INT. TOTAL Wayne Jones 1978 CD' 117283 1-13-78 15.00 rry R. Gregory 1978 CD 147383 1-16-78 3.50 chard H. Kirchoff 1978 CD 85480 5-30-78 15.00 seph E. Cross 1978 CD 144896 1-30-78 1.75. 81313 2-1-3-78 7. 5 0. ond E. Shields 1978 CD 147588 1-24-78 i.50' 147380' 1-16-78 1-.50 'Iyn E. Dempsey 1978 CD 81628 2rl6-78 7.50 ro aldine B. Beck 1978 CD 117227 1-13-78 7.50 & R. @laeser 1978 CD 132749 1-13-78 7.50- 132750 7.50 an L. Baxter 1978 CD 50978 1-4-78' 7.50 ry M. McLane 1978 CD 33760 1-19-78 7.50 verley G. Cross 1978 CD 76580 1-30-78 7.50 76581 7.50 rles R. Field 1978 CD 118203 1-13-78 7.50 nk Williams 1978 CD 110.408 1-4-78 7.50 The zbove abatement(s) totaling $120.75 were approved by the Council of the City of Virginia Beach on the 3 day of juiy Ri@h.rd t. W b6n, City Clerk ttorney 1 6 - AN O@t[)IN!vNCE AUJ:I[C)IUZi,':(; 'ff,x I)atc--6@15-78 RR - UPON APPI,TCATIC)',@ OF CY@PI'ATti PEf',SO';S AN[) UPON CEI'TIFICATIO,'@i O"' TIIL )FOR PAYt-'Et,T BE IT ORD.@I@'ED BY Tllf.' COU@,ICIL OF Ti[E: CITY OF PEt@Cil, VICIGl@@LA- That the follo@aing applications for ta.@ refulids upoa certil'icatiox of the Treasurer are hereby approved: Totaling $294.30 TAX TYPE TICKET EXO\,ER-,%- DAI@-- OF TAX NUI[BER TION' NO. P-,ID PEN-4,LTY ItT. TOTAL ilson, Henry E. Jr. 1978 PP 101488 5-30-78 22.98 Smith, H. D. & M. H. 1977 PP 84193 5-24-77 60.78 Shook, Henry A. 1975 RE1/2 52371 6@10-75 25ill RE2/2 12-5-75 25.11 1976 RE1/2 54868 6-10-76 13.25 RE2/2 12-5-76 13.25 1977 REI 56724 6-10-77 13.40 Hawaha Inc. (Tuttle) 1978 RE2/2 28531 5-19-78 17.52 John A.Maddox 1978 CD 42950 3-24-78 7..50 Potter, Deborah M. 1978 PP 73897 5-17-78 5. .40' Mic@a&l M. Russell 1978 CD 85451 5-30-78 i@.oo ,Lu@ille J. Pahfier 1978 CD 66086 --19-78 15.00 Edward M. Bailey 1978 CD 34863 --26-78- 7.50 34864 7.50 Sybil A. Grant 1978 CD 113-949 --11-78 7.50 Lyman H. Hammond III 197 8 CD 83480 3-24-78 @.50 David A. Cake 1978 CD 43946 @-12-78 7.50 Jackie R. Htmbree 1978 CD 10990 L-10-78 7.50 P. K. & S. M. Deroeck 1978 CD 82107 3-15-78 7.50 Wiliiam C. Simpson 1978 CD 41623 ?-27-78 7.50' The above abatemeat(s) totaling payment; $ 2 9 4 . 3 0were approved by the Council of the City of Virginia Beach on the 3 day of r' surer T Richard J. bon, city clerk 1 7 - AN O!TDINI@CE AU'fl[ORIZJI'@C; 1" 7( ' S ilx i(El JL;i) I)ate6--22-78 RR UPON APPLI(:ATIO@,@ OF CERTA-f.@l 1)1-'RSO';s AN[) UPON CEI'TIFI@'rIOl@ 01" TtlE ',CR@-2,sf@ FOR PAYt-IFt!T BE IT C@@Al@"ED BY TIIE COU?ICIL OF T[If: CTTY OF @IIPCIilA PUCit, VIC',Gl,@"LA- That the following applications for tax refunds upoa certific@ition of the Trea-surer are hereby approved: Totaling-..$482.44 TAX TYPE TICKET EXO-NEP-k- DA-1@-- NA'fE YEAR OF T,,X @,LBER TION NO. P-,! D PENALTY INT. TOTAL Baum Ellen A. 1975 RE1/2 3596 6-10-75 11.25 RE2[2 12-5-75 11.25 1976 RE1/2 3614 6-10-76 13.05 RE2/2 12-5-76 13..05 1977 REI 3659 6@10-77 13.50 cLeskey, F. Wayne Jr. 1977 REI 37758 2-28-78 48.5-2 41685 37.33 41684 37.80 1978 kE1/2 42949 1-17-78 183:6@ Sancilio, Lawrence A. 1977 REI 54529 6-9-77 2.60 Sieb6ls, @ugene 1978 PP 83979 6-1-78 (a5.46 Karl Schellenberg 1978 CD 115027 L-10-78 7.50 Lillie Mae Tatem 1978 CD 31814 -19-78 7,50 .Cleli:a J. Tatdni 1978 CD 79363 -31-78 7.50 Lincoln E. Rossell 1978 CD 13662 .-6-78 7.50 Helen N. Trogdon 1978 CD 115620 L-11-78 7.50 Maria A. Johns 197 8 CD 78262 L-30-78 @.50 The above abate.-nent(s) totaling Certified as to payment; $ 4 8 2 . 4 4 were approved by the Council of the city of Virginia Beach on the 3 day of form: Richard J. Clerk 4p, @z City Attorney - 18- ITEM #12399 Petition of Sea Bay Development Corporation for a Change of Zoninq District Classification from R-7 Residential District to B-2 Community- usiness District on certain property located on the North side of Norfolk Avenue beginning at a point 320 feet more or less West of Pacific Aveiiue, running a distance of 780 feet more or less along the North side of Norfolk Avenue, running a distance of 67.34 feet along the Western property line, running a distance of 700 feet more or less along the Northern property line, running a distance of 60 feet in a Southerly direction, running a distance of 50 feet in an Easterly direction, running a distance of 110 feet more or less in a Southeasterly direction and running a distance of 60 feet in a Southerly direction. Said parcel contains 5.63 acres. VIRGINIA BEACH BOROUGH. Planiiing Commission Recommendation: A motioh was passed by the Planning Commission by a recorded vote of 9 for the motion and 1 abstention to deny this request. It was felt that approval of this request would permit uses which are incompatible with an already established residential area. Mr. Robert Bailey appeared in opposition to the above petition. On motion by Councilman Riggs, seconded by Mavor Standing, and by recorded vote as follows: Ayes: Councilmen John A. Baum, F. Reid Ervin, George R. Ferrell, Councilwoman Barbara M. Henley, Clarence A. Holland, Vice Mayor J. Ilenry McCoy, Jr., Donald W. Merrick, Councilwoman Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, and Mayor Patrick L. Standing Nays: None Absent: None City Council voted to defer until July 17, 1978 ttle above petition of Sea Bay Development Corporation for a Change of Zoning District Classification from R-7 Residential District to @-2 Community- Busine s Distri,:t on certain property located on the North side of Norfolk Avenue beginning at a point 320 feet more or less West of Pacific Avenue, running a distance of 780 feet more or less along the North side of 14orfolk Avenue, runnin@. a distance of 67.34 feet along the Western property line, running a distance of 700 feet more or less along the Northern property line, running a distance of 60 feet in a Southerly direction, running a distance of 50 feet in an Easterly direction, runnin@. a distance of 110 feet more or less in a Southeasterly direction and running a distance of 60 feet in a Southerly direction. Said parcel contains 5.63 acres. Virginia Beach Borough. ITEM #12400 On motion by Councilman Merrick, seconded by Councilman Ferrell, and by recorded vote as follows: Ayes: Councilmen John A. Baum, F. Reid Ervin, George R. Ferrell, Councilwoman Barbara M. Henley, Clarence A. Holland, Vice Mayor J. Henry McCoy, Jr., Donald W. Merrick, Councilwoman Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, and Mayor Patrick L. Standing Nays: None Absent: None City Council voted to approve the following ordinance to authorize a temporary encroachment into a portion of the right-of-way of Potters Road: 7/3/78 - 1 9 - Requested by: Public Works Director/City Ilanager AN ORDINANCE TO AUTHORIZE A TEMPORARY ENCROACHMENT INTO A PORTION OF THE RIGHT-OF-WAY OF POTTERS ROAD. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That pursuant to the authority and to the extent thereof contained in Section 15.1-893, Code of Virginia, 1950, as amended, I. Reese Smith, owner of the property located at 2610 Potters Road, Virginia Beach, Virginia, is-@ authorized to erect and maintain a temporary encroachment in the City right-of-way of Potters Road. That the temporary encroachment herein authorized is for the purpose of erecting a sign for the property located at 2610 Potters Road, and that said sign shall be erected in accordance with the City of Virginia Beach Public Works Department's specifications as to size, alignment and location, and further that such temporary encroachment is more particularly described as follows: Beginning at a point approximately eight feet (8') in a southerly direction from a point on the southern boundary line of the property of I. Reese Smith. The said last point is sixty feet (60') distant in an easterly direction from a pin on the southwestern boundary line of Mr. Snith's property which is designated as "Reference Point" on the aforesaid plat. The said sign will extend five feet (5') in a north/south direction and will be perpendicular to Potters Road. PROVIDED, HOWEVER, that the temporary encroachment herein authorized will terminate upon notice by the City of Virginia Beach to the owner of the property located at 2610 Potters Road, Virginia Beach, Virginia, and that within ten days after such notice is given, said sign will be removed from the City right-of-way of Potters Road by the owner of the property located at 2610 Potters Road, Virginia Beach, Virginia, his agents, or employees and that said owner shall bear all costs and expenses of such removal. AND PROVIDED FURTHER, that it is expressly understood and agreed that said owner of the property located at 2610 Potters Road, Virginia Beach, Virginia, will indemnify and hold harmless the City of Virainia Beach, its agents and employees, from and against all claims, dariages, 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 or existence of such sign. Adopted by the Council of the City of Virginia Beach, Virginia on the 3rd day of T , 1 1978. 1 t 4/6/78 ,J[@: k :WP 6/27/78 7 / 3 / 7 8 - 2 0 - ITEM #12401 On motion by Coll,ilman Ferrell, seconded by Vice Mayor McCoy, and by recorded vote as follows: Ayes: Councilmen John A. Baum, F. Reid Ervin, George R. Ferrell, Councilwoman Barbara M. Henley, Claren,e A. Ilolland, Vice Mayor J. Henry McCoy, Jr., Donald W. Merrick, Councilwoman Meyera E. Oberndorf, J. Curtis Payne, Roger L. l'iggs, and Mayor Patrick L. S tandin @. Nays: None Absent: None City Council voted to defer for one week the following ordinance to authorize a temporary encroachment into a portion of the right- of-way of Mill Landing Road: AN ORDINANCE TO AUT14ORIZE A TEMPORARY ENCROACHMENT INTO A PORTION OF THE RIGHT-OF-WAY OF MILL LANDING ROAD BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That pursuant to the authority and to the extent thereof contained in Section 15.1-893, Code of Virginia, 1950 as amended, Russell B. Capps, Jr.,. owner of the property as shown on the plat entitled, "Subdivision of Property Of Russell B. Capps, Jr., D.B. 448, P. 189, Pungo Borough, Virginia Beach, Virginia," is authorized to construct and maintain a temporary encroachment into the right-of-way of Mill Landing Road. That the temporary encroachment herein authorized is for the purpose of installing sewer lines to enable construction of a building unit on said prop- erty, and is more particularly described as follows: Beginning at a point on the western right-of-way of Mill Landing Road and the southeastern property line of Russell B. Capps, Jr., said point of beginning being 246.11 feet frorn the point of radius between Mill Landing Road and Morris Neck Road as shown on the plat entitled, "Subdivision of Property of Russell B. Capps, Jr." prepared by Bonifant Land Surveys, dated April 16, 1978; thence along the western right-of-way of Mill Landing Road North 29' 09' 25" West a distance of 140 feet to a point; thence turning into the right-of-way for Mill Landing Road North 60' 50' 35" East a distance of 15 feet to a point; thence running inside the right-of-way of Mill Landing Road South 29' 09' 25" East a distance of 140 feet to a point; thence South 60' 50' 35" West a distance of 15 feet to the point of begitining. Provided, however, that such authority and perm-ission so granted shall terminate when the City sewer lines are installed to service said property and within sixty (60) days after the date that service is available, said ownei-, iiis heirs, assigns or successors in title, shall connect to the City sewei- and said temporary encroacwent will terminate. Provided Further, that such authority and permission so granted shall terminate upon written notice by the City of Virginia Beach to said owner, his heirs, assigns or successors in title that Mill Landing Road will be improved or widened by the City and within 60 days after such notice is iven said 2 1 - his heirs, assigns or successors in title shall relocate or abandon said sewer lines within said temporary encroachflent. And Provided Further, that nothing herein contained shall be construed to relieve said owner, his heirs, assigns and successors in title froin liability for any negligence on their part. DEFERRED ONE WEEK: July 3, 1978 Adopted by the Council of the City of Virginia Beach, Virginia, on the day of -, 1978. ITEM #12402 On motion by Councilman Holland, seconded by vice mayor McCoy, and by recorded vote as follows: Ayes: Councilmen John A. Baum, F. Reid Ervin, George R. Ferrell, Councilwoman Barbara DI. Henley, Clarence A. H,lland, Vice Mayor J. Henry McCoy, Jr., Donald W. Merrick, Councilwoman Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, and Mayor Patrik L. Standing Nays: None Absent: None City Council voted to approve on first reading the following ordinance to accept fuiids totaling $15,000 from the Department of liousing and Urban Development and to appropriate these f,nds: 2 2 - Ati ORDINANCE TO ACCEPT FUNDS TOTALING $15,000 FROM THE DEPARTMENT OF HOUSING AND TI-RBAN DEVELOPMENT AND TO APPROPRIATE THESE FUNDS WHEREAS, the City of Virginia Beach has entered into an agreement with the Virginia Housing Development Authority (VHDA) and has applied to the Department of Housing and Urban Developinent (HUD) to participate in the Section 8 Housing Program; and WHEREAS, the Department of Social Services has been designated to administer the program, which will assist in housing the under- privileged. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the City Manager, contingent upon final approval by HUD, is hereby authorized to accept funds for the city, and funds are hereby appropriated for the following purpose: Estimated Revenue Total From Other Agencies Appropriations Section 8 Housing l@5 900 $1@5 000 BE IT FMTHER ORDAINED that the appropriations will be financed by $15,000 estimated reveniie from HUD, with no local match required. First Reading: July 3, 1978 Second Reading: Adopted by the Council of tlie City of Virginia Beach on the day of 1978. 7-/3j78 - 2 3 - ITEM #12403 Vice Mayor McCoy stated that on Thursday there were two articles in the paper regarding Rock Church and the residents of Fairfield. Rock Church wishes to build a large complex behind the Fairfield Shopping Center, which will be comprised of a 150-unit highrise apartment, a $6-8 Million, 7,000 capacity sanctuary, a Bible College, and a Ministerial home, and several other buildings. At the present the property is zoned A-1, and Rock Church would like it zoned A-4, however, they have withdrawn that application and are planning to appear before the Board of Zoning Appeals for a variance to construct the highrise. Vice Mayor McCoy indicated that the highrise would present no major problems, lic)wever, he does have some concern for the complex as a whole. ITEM #12404 Vice Mayor McCoy indicated that Mr. W. W. Reason was to dedicate 13 acres of land for a park in the Fairfield area of the City. Mr. Reason stated he did not have to dedicate the land, therefore, the City went to Court. The Court ruled in the favor of the City. Mr. Reason came to the City with a plan whereby he would donate 6-1/2 acres and the City would not have to purchase the other 6-1/2 acres. The residents of Fairfield are under the impression that the City is going to give 2-1/2 acres of the remaining 6-1/2 acres to the Fairfield Civic League, or the newly formed Fairfield Home Owners Association to form a pool area and complex. Vice Mayor liccoy indicated he did not feel the City should give the land to these subdivisions, but sell the land at a reasonable price. The City Manager stated that the paper reported be had agreed to give the 2-1/2 acres, something he did not do as he had not even attended the meeting. The City Manager further indicated to the president of the civic league that he could not recommend an,Tthing of that nature to Council until he had a chance to study the matter. ITEM #12405 On motion by Councilman Fiolland, seconded by Councilman Baum, and by recorded vote as follows: Ayes: Councilmen John A. Baum, F. Reid Ervin, Geor-.e f',. Ferrell, Councilwoman Barbara M. Heilley, Clarence A. Holland, Vice Mayor J. Henry McCoy, Jr., Donald W. Merrick, Councilwoman Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, and Mayor Patrick L. Standing Nays: None Absent: None City Council voted to have resolutions prepared and framed for former Councilmen Robert B. Cromwell, Jr., John R. Griffin, and Floyd E. Waterfield, thanking them for their service to the City and the citizens of Virginia Beach. These will be presented to them on July 17, 1978. 737 8 - 2 4 - ITEM #12406 Mrs. Kitty Hudgins appeared before Council regarding the appointments to Board and Commission members. ITEM #12407 On motion by Councilman Ferrell, seconded by Councilman Ilolland, and by unanimous vote, the meeting adjourned. erk ck City of Virginia Beach, Virginia July 3, 1978 h 7 / 37 8