HomeMy WebLinkAboutMAY 16, 1977
MINUTES OF TIIE IFONORABLE CITY COUNCIL
OF THE
CITY OF VIRGINIA BEACH, VIRGINIA
May 16, 1977
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, Princess Anne
Borough, on Monday, May 16, 1977, at 1:00 P.M.
Council Members present: John A. Baum, Robert B. Cromwell, Jr.,
George R. Ferrell, John R. Griffin, Mayor Clarence A. Holland,
Councilwoman Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs
and Floyd E. Waterfield, Jr.
Council Members absent: J. Henry McCoy, Jr., and Vice Mayor Patrick
L. Standing*
ITEM #10794
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, promotion, demotion, salaries, discipline
or resignation of public officers, appointees or
employees of any public body.
2. Discussion or consideration of the condition,
adquisition of 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 pertaining
to actual or potential litigation, or other legal
matters within the jurisdiction of the public body.
On motion by Councilman Griffin, seconded by Councilman Ferrell,
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, Councilwoman
Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, and Floyd E.
Waterfield, Jr.
Nays: None
Absent: Councilmen J. Henry McCoy, Jr., and Vice Mayor Patrick L.
Standing
City Council voted to proceed into the Executive Session following
the informal discussion.
ITEM #10795
Alayor Holland informed Council that the month of May was "Older
Americans Month", and at the present time there are approximately
33 million senior citizens in tbe United States today, and the number
is increasing about one-half a million each year.
ITEM #10796
Mayor Holland stated that he placed before each Council Member a.
a resolution regarding the tolls on the Virginia Beach-Norfolk
Expressway.
Mayor Holland stated he wrote a letter to the Commissioner of the
Virginia Beach Highway Safety Commission regarding the tolls and
Commissioner wrote back requesting this be done in the form of a
resolution,
This will be brought up in the formal session.
ITEM #10797
Ccuncilman Waterfield informed Council he will be making a motion
in the formal session for approval of a resolution requesting the
City to endorse the efforts of the Medical Services Foundation,
Incorporated to support the rural health initiative programs for
Pungo and Blackwater Boroughs to assist physicians in Virginia
Beach to relocate in rural areas by providing free office space
and facilities for a three year period under a federal program.
ITEM #10798
The City Manager stated that there was to be an opening of the Rose
Hall bids today, however, Mr. Ray Breeden notified the City Manager
indicating he wished to withdraw his bid for the present time.
The City Manager stated the staff would proceed with the plans, as
previously approved by Council. There is, however, still interest
in the purchase of individual parcels of land in that area at
approximately $150,000 per acre.
The City Manager stated that in the near future he will be bringing
to Council a tenant for the "Great House" (The Frances Land Ilouse).
One in which Council will be pleased to see there.
Councilman Cromwell asked the City Manager if any thought was given
to relaxing the severe restrictions on the property as people are
saying they will not purchase a lot for that amount of money and then
be dictated to about the type of development they had to have.
The City Manager stated that the City wanted to have development in
that area that would preserve the historical significance of the
building. That was the reason why Council purchased the building.
ITEM #10799
The City Manager stated that next week will be Public Works week and
Council has received invitations for the opening of tbe Long Creek
Canal.
ITEM #10800
The City Manager stated that the Utility Committee has been meeting
to review scripts, and slides concerning the slide presentation to be
shown to the different civic leagues in the area to better inform them
of the $39.9 Million General Obligation Bonds.
'Councilman McCoy and Vice Mayor Standing entered meeting at 1:30 p,m.
ITEM #1080t
At 2:20 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 @IeCoy. Jr., Council-
woman Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, Vice
Mayor Patrick L. Standing, and Floyd E. Waterfield, Jr.
The invocation was given by the Rabbi Phillip Pincus, Retired, Temple
Emanuel Church, followed by the Pledge of Allegiance.
ITEM #10802
On motion by Councilman Ferrell, 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
City Council voted to approve the minutes of the regular meeting of
May 9, 1977, and dispensed with the reading of said minutes inasmuch
as each Council Member had a copy of the subject minutes.
ITEM #10803
On motion by Councilman Griffin, 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. 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
Ab,sent: None
City Council voted to approve on second reading the following ordinance
making appropriations for the fiscal year beginning July 1, 1977 and
ending June 30, 1978 in the sum of $130,628,359 for operations and
$38,497,086 in interfund transfers and regulating the payment of money
out of the City Treasury:
AN ORDINANCE MAKING AIIPROPRTATIONS FOR THE
FISCAL YEAR BEGIN[ql@iC TULY 1, 1977 AND ENDING
JUNE 30, 1978, Ill S@l OF ONE HUNDRED TIIIRTY
MILLION, SIX IIUNDRED 'r@4EI@TY EICIIT THOUSAI;D, TIIREE
HUNDRED FIFI'Y NINE DOI,LARS ($130,628,359) FOR
OPERATIO14S Al@D THIRTY EICIIT MILLIOL, FOUR liUNDRED
NINETY SEVE@4 '@'IIOUS,@ND, EIG@ITY SIX DOLLARS ($38,497,086)
IN INTE:RFUND TRANSI@'ERS AND L@EGULATING THE PAYMEliT OF
MONEY OUT OF 'rHE CITY TRU.SURY-
WIIEAREAS, the City Manager lias heretofore submitted to tlie CoLincil an
Annual Budget for the City for the fiscal year beginning July 1, 1977, and
ending June 30, 1978, and it is necessary to appropriate sufficient funds
to cover said budget.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
Section 1. That the amounts named aggregating ONE HU-NDRED SIXTY NINE
MILLION, ONE HUNDRED TITENTY FIVE TEOUSAND, FOUR HUNDRED FORTY FIVE DOLLARS
($169,125,445) consisting of THIRTY EIGHT MILLION, FOUR HUNDRED NINETY SEVEN
THOUSAND, EIGIITY SIX DOLLARS ($38,497,086) in interfund transfers and ONE
HUNDRED THIRTY MILLION, SIX HUNDRED TlqEN7Y EIGIIT THOUSAND, TIIREE IIUNIDRED
FIFTY NINE DOLLARS ($130,628,359) for operations or so much thereof as may
be necessary as set forth in the Annual Budget for the fiscal year 1977-78,
submitted by the City Mana@.er on the date of March 28, 1977 are liereby
appropriated, subject to the conditions hereafter set forth, for the year
1977-78, for tlie use of the several departments and specially desigiiated
19
Code Budget
Number Ite,,q of Expendi.tures 1977-1.978
GENERAL t-=f):
1. LegislaLiv@D-@
@rtment:
Municipal Council $ 549,173
City Cl.erk 66,858
Total 616 031
2. Executive D-@TartTient-.-.
City @a@S@ $ 166,011
Public Information 142,446
The Grant Office 53,580
Office of Emergency Services 101,645
Office of E-.iergency Medical
Services 190,290
Total 653 972
3. De ar i,@@t
City Attotiiey 266 609
4. Finance De
Commissioner of the Revenue 511,793
Board of Equalization 9,115
City Real Estate Assessor 350,610
Treasurer 601,382
Director of Finance 606,876
Research 73,666
Purchasing Division 99,732
Independeiit Auditing 28,500
Employees Retirement and
Benefit 2,166,398
Total $ 4,448,072
5. Personnel Department:
Director of Personnel $ 239,430
(Continued)
20
Code Budget
Number ItLm Fx enditure 1977-1978
GENERAI, FTTND:
6. Judicial@ rtmc,!,._tL:
Circu-it Court $ 190,744
Genc,ral District Court 156,525
Juvenile and Domestic
Relations Court 59,559
Juve,nil.e Probation 470,051
Lunacy Commlssic,n 5,300
Commonwealth's Attorney 324,261
Commonwealth's Attorney
Social Services Fraud 32,891
High Constable 156,263
Sheriff 199,962
Clerk of Circuit Court 109,500
City Jail 578,525
Juvenile Detention Home 43,000
Justices of the Peace 5@21
Total $ 2332 102
7. Health tmen@:
Preventive @ledicine $ 494,357
Community Alcohol Treatnient 53,914
City Physicians 100,298
Alcohol Safety Action Program 35,360
Mental Health arid Retardation
Services Board 153,387
Comprehensive Mcntal Health
Services 683,409
Community Services for the
Handicapped 116,207
Compreliensive Substance Abuse
Program 262,031
Community Base Treatment Ceiater-
Pc-ndl.eton Project 448,816
Total $ 2,@47@779
8. Social ervice,.;@E@@rtnient:
Director of Social Services $ 2,326,005
Public Assist@@nce 1,798,280
Hospitalization 200,000
Total $ 4 324 2EL5
(Contitiu @(i)
2 1
Code Budget
Number Item of Expenditures 1977-1978
GENEP,AL FTPTD:
9. Police Depi.rtmerit,
Departir-,etit of Police $ 7,180,532
Auxiliary Policc- 16,971
Animal Control 296,371
Medical Exaininer 3,750
Total 497 624
10. Public tT,,icnt:
Director of Public l@orks $ 362,539
Dredge Operations 50,000
Higliway Division 5,011,177
Engineering Division 951.,801
Traffic Divisioii 1,253,285
Refuse Disposal 558,297
Refuse Collectic,@i 3,055,696
Back Bay Salt W@,ter Project 26,884
Erosion Coirmission-Administrative- 914,515
Total. $ 12,184,194
Parks aiid Recreati.on rtm-i@it:
Director of Paiks and
Recreatioii $ 98,711
Recreation 953,412
Parl,@s and Maintenance 1,429,286
Redwing Golf Coiirse 184,513
Bow Creek Golf Co@arse 120,412
Owl's Creek @funicipal Tennis
Center 15,615
l,ynnhaven Mutiicipal Marina 86,430
Mount Trashmore Concessions 59,147
Little Island C,)ncessions 6,596
Boardwalk Trains 29,118
Virginia Beacti flecreation Center
(Keinpsville) 293,888
Bow Creek Recreation Center 21@,279
Total $ 3,298,407
12. Libra
Virginia Beach Library $ 1,062,305
(Continued)
2 2
Code 'Budget
Number Ttem of x@c-aditure 1977-1978
GENEP,AL MD:
13. Planni e art c@iit
Director of Plaiining $ 412.427
14. qrtment qf A,@ cultur
VPI Extensioii lei-vj(,e 139,812
Farmer's Produc,e Market 45,927
En@,ironment@il Services 52,@47
Total $ 237,886
15. Economic Developi!ient DepartTi nt:
L
T)irector o conomic
Development $ 100,742
Civic Center 130,280
ToLirist Developiflent Division 716,515
Tndustrial Developrrent Division 215,219
Convention I)ovc@lopme-nt Division 67,876
Total $ 1,230,632
16. General Services DeparLnient :
Director of Gtieral Services $ 119,032
Building M@iiritc-nance 1,761,844
Grounds llainteiiince 562,877
Mail Rooin 36,040
Total. $ 2 479 793
17. Boards and ConL,.iissions:
Gener@il Registrar $ 139,795
Zoning Board of Appeal,s 4,500
Arts & litiitianities Commission 15,380
Mass Transit Operations 250,000
Wetlands Board of Virginia
Beacti 4,500
Virginia B,,,qcli Developi'.IE@nt
Authorit3@ 2,100
Total $ 416 275
18. Non-D,@@ t@nie t@iil
Insurance $ 1,562,00,')
(Continu(@,I)
2 3
Code Budget
4umber Iteii of ExpeTiditure @1977-1978
GENERA], FtTND:
19. Fire Departivent:
,r@De @tTr-ent $ 3,086,119
Forestry 5 93-0
Total $ 3 092 049
21. j)@
rtment of Data Pr()cessing:
informa@io-n- -@.;--te-ms-
Admini.strator $ 118,686
Data Processing - Central Files 65,093
Data Processing - Operations 982,233
Data Processing - Systries and
Progranuaiiig 419 5@
Total $ 1 585 571
22. I)epartment of Permits and
Tnspectioiis:
Director of Perniits and
lnspections $ 436,018
Consumer PTOtection Service 105,903
liousing Code Etiforceipent 69,540-
Total 611,461
Transfer to Other Funds: $ 35.443,70-7-
Reserv for (, @t i n,, i
Salary Adju@tments $ 650,000
Regular 274,030
Total $ _2_?4 O@O
TOTAL GENERAL FUND $ 87.266,641
WATER AND SEWF,-R FLND:
20. j! Ptibl.ic tttilities:
Director of Public Utilities $ 134,056
Utility En@,,!nL@ering Division 594,488
Customer Services Division 573,893
(ContinLied)
24
Code Budget
Number Ttem of F@@@lditures 1977-1978
WATER A@NTD SJ@IC-,", @@tl,7D:
20. Dep.,rL-c,@iit of PLil)',ic Utilitit@: (Concluded)
SoLirce of Supl,@y $ 3,340,650
O,,,Prations 9,nd @Tgintenance-
Water 2,199,965
Operations a@d @@aintenance-
Sewer 895.862
Total $ 7.@738,914
Revenue Bond D--bt Service $ 295,850
Transfer to Otli,?r Funds J_ 2 995 879
Reserve for ConLiiigeticies $ 200,000
TOTAL AND
SLVFR F@,j iD $ -al.-?-30@61 3
SCITOOT, OPERATTI@C-, l'Ift.4D:
12. @a@q nt of , t on:
Admiiiistratiori $ 827,745
Research, Planiiing, and
DevelOpTitent 290,997
Iiistrtiction, Re2@ular
Day School. 38,492,066
Other Tnstrtictional Costs 4,908,742
Atteiidance alid Ilealth Services 804,066
Pupil Traiisportation 2,797,019
Op@-,-@ations of School Plarit 4,050,425
Maiiitenaiice of Sclool Plant 2,501,136
Fixed Charges 3,085,300
StiTrr,ier School 262,525
Certeral Adult Education 39,386
Basic Adtilt Education 54,381
Vocational Adulu Education. 121,254
Cal)ital Outlay 483,948
TOTAL E!)UCATION
I,A14 LIIIRARY FI,7@D:
12. Library
(Contintie@1)
25
@Code -BUdget
Number Iterii of Expenditure 1977-1978
VIRGINIA BE,ACH SPECIAI, REVENUE FUND:
9. Transfer to Other Fuiids $-57,500
STX BOROIT"H SCIIOOI, DEBT FUTID:
25. Debt Service $ 379 34Ll_
BAYSTDE AND KEMPSVII,I,E BOROUGIIS
SCIIOOL DEBT FUIND:
25. Debt Service $ @O 8@79
GEN@l, T)EBT FIND:
25. Debt Service $ l@370@351
VIRGINIA FEACH BOROUGII GENERAL
DEBT ]'(TND.
25. Debt Service $ 82 100
TOTAI, BUDGET $ 169,125,445
Less: Interfiind Transfers -38,497,086
NET BLMGET $ 130,628,359
26
Section 2. Subject to the provisions of Chapter 2, Article III,
of the Virginia Beach City Code, the salaries and wages set forth in
detail in said Annual Budget, are hereby authorized and fixed as the
maximum compensation to be paid for services rendered,
The total of positions, shall be the maxilmim nuinber of positions
authorized for the various departrients, bureaus and divisions of the
City during said fiscal year, and the ntlipber thereof shall not be
increased during said fiscal year unless authorized by the Council.
The City Manager may fr(nn titiie to time increase or decrease the
number of positions in the labor class provided the aggregate amount
expended for sucli services sliall not Pxceed the respective appropriations
made therefore. The City lianager is auttiorized to make such rearrange-
ments of positions within bureaus named herein, as may best meet the
uses and interests of the City.
Section 3. All collections of deli-,iquent City taxes shall be
credited to the General Fund of the City by tlie Treasurer.
Section 4. All collections of local taxes levied shall be credited
to the General Fund of the City. Transfers shall be made from the General
Fund to the respective specially designated funds for which a levy is
made in the respective amounts levied for each such specially designated
fund.
Section 5. All tax abaternents and tax supplements dated subsequent
to Jtine 1,1978, for the 1978 tax year stiall accrup- to the General Fund
of the City.
27
Sectiori 6. All hal.ances of thc appropriations payable out of
each fund of the City Treasury unencutibered at the close of business
on the tliirtieth (30th) day of JLtiie, 1978, excc,.pt as otherwise provi.ded
for, are hereby declared to be lapsed into the surplus of the respective
funds, except School Operating Futid wliich shall lapse into the General
Fund Surplus, and sl@all be used for the payaeit of the appropriations
which may be mad,- in the appropriation ordinqnce for the fiscal year
begi.nni.iig July 1, 1978.
Section 7. No department, bureau, ageilcy, or 4-ndividual receiving
appropriations under tlie provisions of this Ordinance stiall exceed the
amount of its or his appropriatioias except witli con'elit and approval of
the City Council first being obtained, but it is expressly provided that
the restrictions witli respect to the expeuditure of tlie funds appropriated
shall apply only to tlie totals for each department, bureau, agency, or
individual iiicltjded in tliis Ordiiiaiice.
The City Manager is hereby authorized to approve transfers for
appropriations within any departmeiit or between departments in an amount
not to exceed $5,000 in any single transaction, and further, he is
authorized to approve transfers and expenditures from the Reserve for
Contingencies in an amount not to exceed $5,000 in any single transaction.
In addition, the City Manager is auttiorized to exercise control over
classes of expenditures within bureaus.
Section 8. Nc,tliiiig in this section shall. be coiistrlied as
authoriziiig any redtiction to be m@ide iii the amounts appropriated in
28
this Ordinance for the paynient of interest or bonds on the bonded
debt of the City Government or the fon-,Ier politi,:al subdivisions of
Virginia Beach and Princess Anne C(,zinty.
Section 9 Allowaiices Out of any of the appropriatio,s ade
in this Ordinance by any or all of tlic City departments, bureaus
or agencics, to any of tticir offill,, @,ld erwployees for expenses
on account of the use by such officers and employees of ttieir
pLrsonal autoa!obiles in the discharge of tlieir officiitl duties
shall not e.%-ceed fifteen cents (15cts) per mile of actual travel.
Section 10. All traveling expense accounts shall be submitted
on forms and accordiiig to regulations prescribed or approved by the
Director of Finance. Each accotnt sliall show the dates expenses
were incurred or paid; nuipber of ile, tra-led; method of travel;
hotel expenses, meals, incidental expeiises such as telegrams,
telephone calls, etc. Tlie Director of Finance is specifically
directed to withhold the issuance of checks in payment of expense
accounts submitted for "lump-sum" aniounts, except in the case of
Council Memlers and employees of tlie Sciiool Board,
Section 11. Tlat tliis Ordinance shall be in effect from and
after the date of its adoption.
Section 12, Tliat if any part or parts, section or sections,
sentences, clause or phrase of this ordinance is for any reason
declared to be unconstitutional or invalid, sucti decision stiall
not affect the validity of the remainitig portions of tliis Ordinaiice.
First Reading: @lay 9, 1977
Second Reading: Mav 16, 1977
This ordinance slitll becotne effective froin date of adoption.
Adopto d by the Cottneil of tlie City of Vir@l,iiiia Beach, Virginia, on the
16 day of @l@ly , 1977
ITEM #10804
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, 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 Fioyd E. Wat@rfi@ld, Jr.
Nays: None
Absent: None
City Council voted to approve on second reading the following ordinance
establishing the tax levy on real estate for tax fiscal year 1978:
29
AN ORDINANCE ESTAT3I,TSIiIN(@ THE T@', LEVY
ON REAL ESTAT,'-' FO@'@ FISCAY. Y@ 1978
BE IT ORDAINED BY THE COUNCIL OF IIIE CITY OF VIRGINIA BF-ACII,
VIRGINIA:
Sectioii 1. AMOI-,-,@T OF LEVY ON P,]-,,V, ESTAJ'l@i.
There shall be levied and collected for fiscal year 1978 taxes for
general purposes on all real estate, not oxcinpt from taxalioll and not
otherwise provided for in tliis Or(Iiii@ince, on each one hiindred dollars
($100) of as,,,esscd valtin@icii tlae)7eof, based on the following rates:
General Six Borough Mosquito Total Rate
Borotigh Coveriiinent Scliool Del)t Control FY 1978
Bayside $ .84 $ .01 $ .02 $ .87
Blackwater .84 .01 - .85
Kempsville .84 .01 .02 .87
Lynnhaven .84 .01 .02 .87
Princess Aiine .84 .01 - .85
Princess Anne Mosquito .84 .01 .02 .87
Pungo .84 .01 - .85
Pungo Mosquito .84 .01 .02 .87
Virginia Beach' .84 - .02 .86
The real propert,,, tax rates t7laic'@l have been prescribed in this section
shall be applied on thc basis of onc,. liundred percentuni of the fair market
value of such real proper'l-y except for public service real propertv which
shall be on the 'oasis prox,ided in Section 58-512.1 of the Code of
Virginia, as amended.
30
Section 2. k@TOT@@T OF Lr@vY o@@ P@' LIC SF?,VICE RE@l.
B---
AS PROVIDED FOR IN SECTION 5F-51@.1 01' ]7gE COT)E 0-
AS
AMENDED.
There sliall be '@evied and collected for general purposes for fiscal
year 1978 taxes on all Public Service Real Property, which has iiot been
eqtxaiized ap, I)rovided for i-n Sectinii the Code of Virginia
(1950), as amended, on (.,.ach onc, I)c,,,idred doll,'Irs ($100) of Issesse@
valuation thereof based oii tlic, folio-,.!ing, rates in accoriri,,-I.-e with
Section 58-514.2 of the- Code of Virginia (1950), as amerided:
General Six Borough Mosquito Total Pate
Boroul-h Govcrn,netit Scliool Debt Control FY 1978
Bayside @2.10 $ .03 $ .05 $2.1@8
BPackwater 2.10 .03 - 2.13
Kempsville 2.10 .03 .05 2.1.8
Lynnhaven 2.10 .03 .05 2.18
Princess Anne 2.10 .03 - 2.13
Pungo 2.10 .03 - 2.13
Virginia Beacli 2.10 - .05 2.15
The real property tax rates iriposed iii tliis section shall be applied
on the basis of forty percentlun of fair market value of such real property.
Section 3. A-IIOUNT OF LEX7Y O'\' "CIRTIFIET) POI,,[.ITTION CI)NTROL T'@T@@ll-ITi
AND FACILITIES" CLASS_171'-.D AS REA" h'@-ATF:.
There shall be I.evied ai,,-@ col.icc,-al 'or genf-ra.@L pur,@:,@,s @@or f-scal
year 1978 tax@s on al.1 real esta--e cert:ified by tlie of
Virginia as "Ilolitition Control @qnd Facilities" n,,t e@,.e,,tpt
from taxation, on each ove liiiiilr,,! (@@100) ol-@ -,,2'ui'Lion
tliereof, baseci on the f,llo@,vini, ratos:
31
General Six Borough Mosquito Total Rate
Borougli GovernTnent Scliool Debt Control PY 1978
Bayside $ .84 $ .01 $ .02 $ .87
Blackwater .84 .01 - .85
Kempsville .84 .01 .02 .87
Lyniihaven .84 .01 .02 .87
Princess Anne .84 .01 - .85
Princess Anne Mosquito .84 .01 .02 .87
Pungo .84 .01 - .85
Pungo Mosquito .84 .01 .02 .87
Virginia Beach .84 - .02 .86
The real property tax rates imposed in this section shall be applied
on tlle basis of one hundred percentum of fair mrket value of such real
property.
Secti.on 4. CONSTITUTIONALITY.
That if any part or parts, section or sections, sentences, clause or
phrase of tliis Ordinance is for any reason declared to be unconstitutional
or invalid, sucli decision PIiall not affect the validity of the remaining
portion of this Ordinance.
Section 5. EFFECTIVE DATE;
This Ordinance shall be in effect from and after the date of its
adoption.
First Reading: May 9, 1977
Second Reading: Mav 16, 1977
Adopted by the Council of the City of Virginia Beach, Virginia, on the
16 _ day of @lay -1 1977
ITEM #10805
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, i@layor 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 second reading the following ordinance
establishing the tax levy on personal property and machinery and tools
for the calendar year 1978:
AN ORDINANCE ESTABLISHING THE TAX LEVY ON
PERSONAL PROPERTY A,4D IIAC@IINERY AND TOOLS
FOR TIIE CALENDkll YEAR, 1978.
BE IT ORDAINED BY TIIE COUNCIL OF Tll@ CITY OF VIRGINIA BEACH,
VIRGINIA:
SectiOn 1. @IOUNT. OF LEVY ON TANGIBLE TY.
There shall be lcvied and col.lected for general purposes for the
t 1978 calendar ycar taxes oil all tangiblc personal property, not exempt
from taxation and no-, other@,ise providcd for in tliis Ordinance, at the
rate bf six dollars ($6) on each orie huiici-ed dollars ($100) of assessed
valuation thereof. I'he race imposed by this section Shall be applied on
the basis of 45% of the fair market value of such personal property.
Section 2. IV@IOUNT OF LEVY ON Cl,'.[Lr@,IN VElilCLES CLASSIFIED AS PERSONAL
, @ ici,,,;
PROPERTY IJSPN Aq iTnPTTI' TIO,%'IS OR OII,-
There shall be levied and collec@@ed for general purposes for the
caleiidar year 1978 taxcs on all veliicl,,, w.Ltholt @,tor power as defined
in Section 36-71 of the Code of Virginia (1950), as aniended, used or
designated to be used as mobile homes or office, or for other means of
habitation by any person, oii each one liundred dollars (@100) of assessed
valuatioii thereof, based on the following tax rates:
BorouRh Total Rate 1978
Bayside $ .87
Blackiqater .85
Kempsville .87
Lynnhaven .87
Princess Anne .85
Princess 2Line llosquito .87
PL@n,.,o .85
Pungo @losquito .87
Virginia Beacli .86
33
The personal property rates wliicli have bcen prescribed in this Section
shall be applied on the basis of otie liundred percentuin of the fair market
value of sucti personal property.
Section 3-., -k@IOUN'T-OF LE@@ O@N AT,L BOA'RS OR WKTERCRAFT IZIDER FIVE
TONS BURTHEN USED FOR BUSI@NESS 011-Pi,@kSUPF.
There sliall be levjled and collectod for tlie calendar year 1978 for
general purposes taxci-, o,l all bouts oi- watercraft uiider fi.ve- tons burttlen
used for busiiiess or ple,,isure, at th,, rate of six dollars (@6) on each
one hundred dollars ($100) of ase,,essed valuation thereof. The rate
imposed by this section shall be on tlie basis of forty-five percentum
of the fasr market value of such personal property.
Section 4. LMOITNT OF LEVY ON "CFRTIFIED POLLUTION CONTROL EQUIPMENT
ANI) FACILITIFS" CLASSIFIED AS TA-NIGIBLE P@.SONAL PROPRRTY.
There shall be levied and collected for the calendar year 1978 for
general purposes taxes on all tangible persoiial property certified by
the Commonwealth of Virginia as "Pollution Control Equipment and Facilities"
not exempt from taxation, at the rate of six dollars ($6) on each one
hundred ($100) of assessed valuation thereof. The rate imposed by this
section shall be applied on the basi.s of 45'/, of the fair market value of
such personal property.
Section 5. AMOIT@T OF LEVY 014 @TACHTNERY AND TOOLS.
There shall be levied and collected for the calendar year 1978 for
general purposes taxes on machinery and tools, not exempt from taxation,
at the rate of one dollar ($l) on each one liundred dollars (@100) of
assessed valtiation tlioreof. The tax iniposed by this section sball be
applied on the basis of 45% of the fair marl:et valtie of sucti machinery
and tools.
I
34
Section 6. CO@TSTITJJITIONALITY.
That if any part or parts, section or sections, sentences, clause or
phrase of this ordinance is for any reasoii declared t,, be ullcolistitutior@al
or invalid, such decision sliall. not affcct the validity of the remaining
portions of this ordinance.
Section 7. EFFECTIVE DATE.
This ordinance shall. be in effect ],%iluary 1, 1978.
First Reading: May 9, 1977
Second Reading: May 16, 1977
Adopted by the Council of the Cit:y o:C Virginia Beacil, Virginia, on
the 16 day of May 1977
ITEM #10806
On motion by Councilman Waterfield, seconded by Councilman Ferrell,
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 adopted the following resolution requesting the City of
Virginia Beach to endorse tlie efforts of @,4edical Services Foundation,
Inc., to support the rural health initiative program for Pungo and
Blackwater Boroughs to assist physicians in Virginia Beach to relocate
in rural areas by providing free office space and facilities for a
three year period under a federal program:
Requested by: Councilman Floyd Waterfield
The regular meeting of the C,uncil of the City of Virginia Beach, Virginia,
was held in the Council Chambers of the Administrati,n Building of the City on
the day of 1977.
On motion by and seconded by
the following resolution was adopted.
R E S 0 L U T I 0 N
WHEREAS, the serious need for medical services of the communitiesof Pungo
and Blackwater Boroughs has been brought to the attention of the Council of the
City of Virginia Beach, Virginia; and
WHEREAS, this need has been documented by responsible data collected and
presented by responsible authority; and
WHEREAS, the Council of the City of Virginia Beach continues to have an
enduring interest in the welfare of all citizens of the community, including
those in our rural areas; and
WHEREAS, the accessibility of medical services is a basic right of all
American citizens; and
WHEREAS, in rural areas such medical services are, in fact, usually far
less accessible than in urban areas; and
WHEREAS, the Congess of the United States has taken notice of this rural
need for more accessible medical services, and provided federal funds to alleviate
this need;
THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGIMIA BEACH,
VIRGINIA:
That the Council of the City of Virginia Beach endorse the efforts Of
Medical Services Foundation, Incorporated, to support the rural health initiative
program for Pungo and Blackwater Boroughs to assist physicians in Virginia Beach
to relocate in rural areas by providing free office space and facilities for a
three year period under such federal programs.
JDB:er
5-3-77
I I @ I@ @ I . I @, i
Th. CitY Cl@@k ',.d th, f-11-@illg Plbli@ li.ti@,;
PUBLIC L@TICE
0. M..d.y, hi.y 1(;, 1977, t 2:00 p..., th, City C@_,il @f
th. CitY -f Vi@li.i. B..@i@, Vilgi-i@l, 'ill -@,@bl@ i. th@ city
C... @il Ch..b@,@, City Ad.i.i@t,@ti.. B.ildi.g, @l,.i@ip@l C,@t@,,
Pli .... @ A..@ B@,.@gh, Vilgi-i@ 13@-@h, t- h.ld . p@bli@ h ... i.g
'@g-ldi-9 th, f.11.@i@g Idi.@.- th,
M..q.it. C--t@.1 O,di-@,@:
0- -.ti.. by C.@.@il... P@y.,, -@,.dld by C---@il... Wlt"fi@ld, @.d
by 1.@.@d.d @.t@ -
Ay..: C-@-@il... J.h. A. J,., G it.
F.11@ll, J.h@, R. G,iffi-, A. H,,Il@.d, J. ll,.,y Ni@C.y,
J@., C..@@il ....@ E. Ob@,@d.@f, J- PaY.@, R.9@@ L. Rig@,
Vi-- M-Y-1 P-tli@k L. St..di.g, @d Fl@yd l@. J,.
N.y@; N...
Ab.,@.t: N@..
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1
t- --@.d ..d @.@d@i. S-ti.@ 21-5 @.d dd S@@ti.. 21-5.1 f th@ C,,d,
-f th@ City f Vi,gi@i. B,@@h, Vi,gi.i., p@,t.i.i.g t. l@@ @ I
1, it. C t,.
Atl Cl@D114,'IN(L TO f@ [@ND I!D R ,D,
A F-of, @l@i
,@FCT[nN 21-@ Ar4D PLID SECTIO[4 21-@,.l
OF THE. COI)E O@ Till- CITY OF Vil@rli@IA
BEACH, VIRGINIA, PF.RTfUl@@:@ TO
MOSQUITO COt@fROL DISTRICTS
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VI@GINIA SCACH, VIRGINIA:
Th@t SeCti.@ 21-5 of th@ Cod, f tt" City f Vi,gi@i@ B,@ch i, @ll,@@d,d @@d
reo,d.i,led t. @@d a@ f@llo@s:
S@cti.@ 21-5: Pli.c@s@ DiSt,i@t
The Pli.@e@ A@.@-N@go t4.,q-itO C-Iltl'-] Diltli@t Sh,l] i@ll,d, II f th,
@l.. ithi@ th@ P,i@@@s@ A.n@ B.10@gh .@d th@t a,,@ f P@ng. 8 .... gh @, s@t
f.,th bel.@:
(@) F,.@ G@@ B,idge R.d nOltIl t, P,in@,ss A,n@ Bo,@,gh lin@.
(b) All I.t@, pa,c.1, @, piec@@ f Plop@,ty @butti,,g Cha,ity N,ck
R.@d f... th@ i@t@ .... ti@n of G,@, B,idg@ R.@d t. N@nn@y C,,@k
Ro@d.
(C) All lot@, p@,c@l@ o, Pi@@@ -f PI-p@lty @b.tting .1 M@nd@,
P.i@t R.@d f,.. the i,t@,llltlol of M.nd@@ Poi,t R.@d ith
Plince@ An.@ R..d @@,t to tb@ N@,th L@@di,g Ri@@,.
S@@ti.n 21-5.1: R@t@ f T@.
The t@. @h@ll b@ @,t@bli,h,d in th@ @@l " t@t@ t@, @t, f., @aCh
ye.,.
FIRST READIMG:
SECOND READING:
Thi@ o,dinanc@ sh@IT b@ @fflctile J@ly 1, 1977,
Adopted by the Co@n@il of the City of Vilgi.i@ Beach on the day of
1977.
ITEM #10808
Application of Roger L. Lon.@rnire and Charles Bukowski fo, a C,nditional Use
Permit for a bulk storage yard on certain property located on he East side of
South@ate Avenue bo@iniiing at a point 50 feet North of Cleveland Street, runn-
ing a distance of 75 feet along the East side of Southgate Avenue, running a
distance of 125 feet along tlie Northerii property line, running a distance of
75 feet al.ong the Eastern property line and rulining a distance of IZ5 feet
along tlie Sotithern property line. Said parcel contains 9375 square feet.
(Euclid Place Area). BAYSIDE BOROUGH.
Planning Comrnission Recomrnendation:
A motion was passed iinanimously by the Planning Commission by a recorded
vote of 11 to approve this request.
For the information of the applicant, prior to the issuance of a building permit,
the following will be required by the administrative staff:
Standard site improvements as required by the Site Plan Ordinance.
On motion by Councilman Cromwell, 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. 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 resolution upon application of
Roger L. Longmire and Charles Bukowski for a Conditional Use Permit
for a bulk storage yard:
RESOLUTION UPON APPLICATION OF ROGER L. R0577109
LONGMIRE AND CIIARLES BUKOWSKI FOR A CON-
DITIONAL USE PERMIT FOR A bulk storage
yard.
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGIIIIA BEACH, VIRGINIA,
that:
Application of Roger L. Longmire and Charles Bukowski for a Conditional
Use Permit for a bulk storage yard on certain property located on the
East side of Southgate Avenue beginning at a point 50 feet North of
Cleveland Street, running a distance of 75 feet along the East side of
Southgate Avenue, running a distance of 125 feet along the Northern
property line, running a distance of 75 feet along the Eastern property
line and running a distance of 125 feet along the Southern property line.
Said parcel contains 9375 square feet. (Euclid Place Area). Bayside
Borough.
For the information of the applicant, prior to the issuance of a building
permit, the following will be required by the administrative staff:
1. Standard site improvements as required by the Site Plan
Ordinance.
This resolution shall be effective from date of adoption
Adopted by the Council of tlie City of Virginia Beach, Virginia,
on the 16th day of 1977
ITEM #10809
Application of Leo J. Martone and Leo J. Martoiie and Associates, Inc. , for a
Conditional Use Permit for a construction eqiiipment stora.@e yard on certain
property located on tlie North side of Greenwicli Road beginning at a point 1500
feet more or less East of I\Iewtom,n Road, runnin, a distance of 129. 36 feet
alon- the North side of Greenwich Road, runnin@ a,distance of 354 feet along
the Western property line, running a distance of 149. 40 feet along the Northern
property line and runnin@ a distance of 277. 81 feet along the Eastern property
line. Said parcel contains .94 acre. BAYSIDE BOROUCH.
Planning Commission Recommendation:
A motion was passed unanimously by the Plannin@ Commission by a recorded
vote of 11 to approve this request.
For the information of the applicant, prior to the issuance of a building permit,
the following will be required by the administrative staff:
Standard site improvements as required by the Site Plan Ordinance.
Mr. Joe D. Martone appeared regarding tliis application.
On motion by Councilman Cromwell, seconded by Vice Mayor Standing,
and by recorded vote as follows:
Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., George R.
Fer7rell, 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 adopt the following resolution upon application
of Leo J. Martone and Leo J. Martone and Associates, Inc., for a Con-
ditional Use Permit for a construction equipment storage yard:
RESOLUTION UPON APPLICATION OF LEO J. MARTONE R0577110
AND LEO J. MARTONE AND ASSOCIATES, INC., FOR A
CONDI-IIONAL USE PERMIT FOR A construction equip-
ment storage yard.
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA, that:
Application of Leo J. Martone and Leo J. Martone and Associates, Inc.,
for a Conditional Use Permit for a construction equipment storage yard
on cer ain propert @located on the North side of Greenwich Road beginning
at a point 1500 feet more or less East of Newtown Road, running a distance
of 129.36 feet along the North side of Greenwich Road, running a distance
of 354 feet along the Western property line, running a distance of 149.40
feet along the Northern property line and running a distance of 277.81
feet along the Eastern property line. Said parcel contains .94 acre.
Bayside Borough.
For the information of the applicant, prior to the issuance of a building
permit, the following will be required by the administrative staff:
1. Standard site improvements as required by the Site Plan
Ordinance.
This resolution shall be effective from date of adoption.
Adopted by the Council of the City of Virginia Beach, Vir.-inia,
on the 16 day of m 1 1977
ITEM #10810
Application of.Ed na F. Hunley for a Conditional UsePerrnit for a homeoccupa-
tion:(hobby cerarnics) on certain property lo(,ated on the South side of Pc)tters
Road beginning at a point 375 feet East of Gatcwood Avenue, running a distance
of 69 fcet along the South side of Potters Road, running a distance of 200 feet
alon.@ tile Eastern property liiie, rutinin, @,, distance of 69 feet along the Southern
property line and runnin@ a distance of 200 feet along the Western property line.
Said parcel contains 13, 800 square feet. (Gat@wood Park Area). LYNI@HAVEN
BOROUGH.
Planning Comrnission Recommendation:
A rnotion was passed unanii-nously by the Planiiing Commission by a recorded
vote of 11 to approve this request.
For tlie inforrnation of the applicant, prior to the issuance of a building permit,
the following will be required by the administrative staff:
1. A gravel parl@ing area is to be pr()vided.
2. Compliance with Article 2, Sectioll 229 of the CZO per taining to Home
Occupations.
Mrs. Edna Hunley appeared regarding lier application.
On motion by Councilman Griffin, 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, @Aayor Clarence A. Holland, J. -ienry 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 adopt the following resolution upon application
of Edna F. liunley for a Conditional Use Permit for a home occupation
(Hobby ceramics):
RESOLUTION UPON APPLICATION OF EDNA F. HUNLEY R0577111
FOR A CONDITIONAL USE PERMIT FOR A home occupa-
tion (hobby ceramics)
BE IT RESOLVED BY THE COUNCIL OF TIIE CITY OF VIRGINIA BEACH,
VIRGINIA, that:
Application of Edna F. Ilunley for a Conditional Use Permit for a home
occupation (hobby ceramics) on certain property o@ca ed on the South
side of Potters Road beginning at a point 375 feet East of Gatewood
Avenue, running a distance of 69 feet along the South side of Potters
Road, running a distance of @@00 feet along the Eastern property line,
running a distance of 69 feet along the Southern property line and
running a distance of 200 feet along the Western property line. Said
parcel contains 13,800 square feet. (Gatewood Park Area). Lynnhaven
Borough.
For the information of the applicant, prior to the issuance of a buildin.-
permit, the following will be required by the administrative staff:
1. A gravel parking area is to be provided.
2. Compliance with Article 2, Section 229 of the Comprehensive
Zoning Ordinance pertainin.- to Itome Occupations.
This resolution shall be effective from date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia,
on tbe 16th day of @l 1977
ITEM #10811
Application of Harry Spruill for a Conditional Ifse Permit for recreational
facilities of an outdoor nature (fishing) on certain property located at the
Southeast portion of Lot B-20 as sho%vn on the plat eiititled "Re-plat of Rudee
Heights, Princess Anne County, Vir@.inia", dated December, 1950, which iti
located on the East side of Southside Road. Plats with more detailed infornia-
tion are availible in tlie Department of Planniiig. (Rudee Inlet Area). LYNN-
HAVEN BOPOUGH.
Planning Cornrnission Recornrnendation:
A rnotion was passed unanimously by tlie Plaiining Commission by a recorded
vote of 11 to approve this rc--quest for a period C)f 2 years.
For the inforiyiation of the applicant, prior to the issuance of a buildiiig pern-iit,
thu, foll-owing will be required by tlie adi-r)inistrative staff:
1. City water.
Z. Provision of a gravel parking area.
-4. Provision of restroom facilities.
Mrs. Thelma Simmons appeared in favor of this request
On motion by Vice Mayor Standing, 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. 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 adopted the following resolution upon application of
Harry Spruill for a Conditional Use Permit for recreational facilities
of an outdoor nature fishing)-.
RESOLUTION UPON APPLICATION OF HARRY SPRUILL R0577112
FOR A CONDITIONAL USE PERMIT for recreational
facilities of an outdoor nature (fishing)
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA, that:
Application of Harry Spruill for a Conditional Use Permit for recreational
facilities of an outdoor nature (fi hing) on ce t@aie p-roperty located at
the Southeast portion of Lot B-20 as shown on the plat entitled "Re-plat
of Rudee Heights, Princess Anne County, Virginia", dated December, 1950,
which is located on the East side of Southside Road. Plats with more
detailed information are available in the Department of Planning.
(Rudee Inlet Area). Lynnilaven Borough.
For the information of the application, prior to the issuance of a building
permit, the following will be required by the administrative staff:
1. City water
2. Provision of a gravel parking area.
3. Provision of restroom facilities
4. Expiration of use permit two years from date of
approval
5. Trash containers must be kept in the area.
This resolution shall be effective from date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia,
on the 16th day of 1977
ITEM #10812
Application of Water-Boggan International, Inc., for a Conditional Use Permit
foi, a recreational facility of an outdooi- nature (water slide) on certain
property located on the West side of PAtlantic Avenue bpginning at a point 150
feet South of Third Street, runni:ig a distance of 349 feet more or less along
.tlie Eastern propet,ty line of w[iich 279 feet is the West side of Atlantic
Avenue, running a distance of 496 feet iiore oi- less along the @iestern propcrty
line and runiiing a distance of 187 feet along the Northern p@'operty line.
Said parcel is trianglilar in sliap@ atid contains 1.64 acres. (Rudee Inlet Area)'.
VIRGINIA BEACH AND LYNNHAVE14 BOPOLIGIJS.
Planning Commission Recori;,iiendation:
A motion was passed unanimously by the Planning Conimissioll by a recorded
vote of 10 to appro@,e this request.
For the information of the ap@licant, prior to the issuance of a building per-
mit, the following will be required by the administrative staff:
1. This use permit is limited to a 5 year period.
2. Standard improvemcnts as i-equired by the Site Plan Ordinance. This is
to include all right-of-way improvenients (curb, gutter, side@,ialks, and
any necessary pavement widening) on the sti-eets adjacent to this site.
3. City water and sevie'r.
4. The site plan T,-,ust be revised to indicate an acceptable internal traffic
circulation system prior to final site plan approval .
5. A total of 109 acceptable pai,king spaces will be required.
6. A reservation oi7 area will be reqiiired for tlie proposed northbound Rudee
Inlet Bridge as s@iov,,n on the design plans on file in the City Engineeritig
Division.
7. Operation of this use is limited to 9:00 P.M.
The following appeared in favor of the above petition:
Mr. James MoKenry
Mr. Thomas Kyrus
Mr. Neville Rich
The following appeared in opposition to the petition:
Mr. Edward Hudgins, Attorney
Mr. Skip Hendrix
Mr. Thomas C. Bronyes, Attorney
On motion by Councilman Griffin, seconded by Councilman Waterfield,
and by recorded vote as follows:
Ayes: Councilmen George R. Ferrell, John R. Griffin, Mayor Clarence
A. Holland, J. Curtis Payne, and Floyd E. Waterfield, Jr.
Nays: Councilmen John A. Baum, Robert B. Cromwell, Jr., J. Henry
McCoy, Jr., Councilwoman Meyera E. Oberndorf, Roger L. Riggs, and
Vice Mayor Patrick L. Standing
Abseiit: None
City Council voted to deny the above petition of Water-Boggan
International, Inc., for a Conditional Use Permit for a recreational
facility of an outdoor nat re (water sl de) on certain property located
on the West side of Atlantic Avenue beginning at a point 150 feet South
of Third Street, running a distance of 349 feet more or less along the
Eastern property line of which 279 feet is the West side of Atlantic
Avenue, running a distance of 496 feet more or less along the Western
property line and running a distance of 187 feet along the Northern
property line. Said parcel is triangular in shape and contains 1.64
acres. (Rudee Inlet Area). Virginia Beach and Lynnhaven Boroughs.
Denial was due to the opposition of businessmen and residents in the
area.
RESOLUTIOlq UPON APPLICATION 01' CHARLES ii. H057'lii3
PITTS, JR., FOR A CONDITIONAL USE PERMIT
FOR A skateboard park and pro shop
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACII,
VIRGINIA, that:
Application of Charles R. Pitts, Jr., for a Conditional Use Permit for
a skateboard park and pro-shop on certain property located at the North-
west intersection of Virginia Beach Boulevard and Byrd Lane, running a
distance of 230 feet along the North side of Virginia Beach Boulevard,
running a distance of 415 feet along the West side of Byrd Lane, runn-
ing a distance of 229 feet along the South side of Oconee Avenue and
running a distance of 480 feet along the Western property line. Said
parcel contains 2.22 acres. (Oconee Park Area). Lynnhaven Borough
For the information of the applicant, prior to the issuance of a build-
ing permit, the following will be required by the administrative staff:
1. Standard improvements as required by the Site Plan
Ordinance.
ITEM #10813
Application of Charles R. 'Pitts, j,. , for a Con@ditional Use Permit
for a skate-
board park and pro-shop on certain property locate est inter-
sectioii of Virginia Beach Boulevard aid Byrci Laile, running a distance of 230
feet alon,@ the Nor,li, side of Virginia Beacli Boulevard, running a distan,, f
415 feet along the West side C)f Byrd La,,,, runnin, a distance of ZZ9 feet
along the Soiith side of Oconee Aventie aiid runnirig a distance of 480 f,et al,ng
the Western property lirie. Said parcel contains 2. ?2 acre,. (Oconee Park
Area). LYNNHA%,@EN BOROUGI-1.
Plarinin@ Cornmission Recomrnendation:
A motion was passed unanirnously by the Planning Cornnaission by a recorded
vote of 9 to approve this request.
For tlie inforrnation of the applicant, prior to the issuance of a building permit,
the following will be required by the adrninistrative staff:
1. Standard in-iprov-rnents as required by the Site Plan Ordinance.
2. City water and tlie provision of restroorn facilities.
3. A dedication of right-of-way of 15 feet alon'g thc 230 foot rnore or less
frontage on Virginia Beac'i Boulevard anci a reservation of an additional 50 feet
as shown on the street design plans filed in the City Engitieerin@ Division.
4. Cornplete right-of-wa), improvements on all adjacent riglits-of-way.
5.1 Access to the site is to be limited to Byrd Lane and Oconee Avenue.
6. Provision of at lezist I parl@iti@ spice 1)(@r 1, 000 sci@iare fec-t, of skate -
board surfztce arca.
7. Provision of a 6 @oot pri", cy fence aloil, the Westeril, Nortliern and
Eastern property lines.
8. All li,,htiiig is lo bc direc',ed towards the interior of tile lot and shielded
frorn adjacezit properties.
COUNCILMEN BAUM, PAYNE AND WATERFIELD LEFT CHAMBERS
On motion by Councilman Grif@in, seconded by Vice Mayor Standing,
and by recorded vote as follows:
Ayes: Councilmen Robert B. Cromwell, Jr., George R. Ferrell, Jobn
R. Griffin, @layor Clarenc,a ii. Holland, J. Henry McCoy, Jr., Council-
woman Meyera E. Oberndorf, Roger L. Riggs, and Vice Mayor Patrick L.
Standing
Nays: None
Absent: Councilmen John A. Baum, J. Curtis Payne, and Floyd E.
Waterfield, Jr.
City Council approved the following resolution upon application of
Charles R. Pitts, Jr., for a C
ITEM #10814
Applicatioii of Hiram L. Overstreet for a CO,diti ... I U,, Permit for a bulk
stora,,e yard on certain property located on the inorth side of La stown Road
beginning at a point 69Z feet East of Princess Anne Road, running a distance
of 138. 60 feet alozi- the North side of Landstov,ii Road, running a distance of
455 feet along the Eastern property line, running a distance of .138. 60 feet
along fhe Northern property line and running a distance of 455 feet along
the Western property lizic. Said parcel contains 1. 4 acres more or less.
(Green Run Farrn Area). PRINCESS AN-i\,E BOROUGI-1.
Planning Conirnission Recomrnendation:
A motion was passed unanimously by the Planning Commission by a recorded
vote of 11 to approve this request.
For the information of the applicant, prior to the issuance of a building permit,
the following will be required by the administrative staff:
1. The site is to be graveled and enclosed by a fence.
2. An asphalt entrance is to be provided for access to the site along with
the necessary pavement widening along Landstown Road.
COUNCIL N BAUM RETU@NED TO CHAMBER6
Mr. Thomas C. Broyles, Attorney, represented the applicant
On motion by Councilman Griffin, 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, Roger L. Riggs, and Vice Mayor
Patrick L. Standing
Nays: None
Absent: Councilmen J. Curtis Payne and Floyd E. Waterfield, Jr.
City Council adopted the following resolution upon application of
Iliram L. Overstreet for a Conditional Use Permit for a bulk storage
yard:
RESOLUTION UPON APPLICATION OF HIRAM L. R0577114
OVERSTREET FOR A CONDITIONAL USE PERMIT
FOR A bulk storage yard.
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA, that:
Application of Hiram L. Overstreet for a Conditional Use Permit for a
bulk storage yard on certain property loc ted on the o@rt side of
Landstown Road beginning at a point 692 feet East of Princess Anne Road,
running a distance of 138.60 feet along the North side of Landstown
Road, running a distance of 455 feet along the Eastern property line,
running a distance of 138.60 feet along the Northern property line and
running a distance of 455 feet along the Western property line. Said
parcel contains 1.4 acres more or less. (Green Run Farm Area). Princess
Anne Borough.
For the information of the applicant, prior to the issuance of a build-
ing permit, the following will be required by the administrative staff:
1. The site is to be graveled and enclosed by a fence.
2. An asphalt entrance is to be provided for access to the
site along the with necessary pavement widening along Landstown
Road.
This resolution shall be effective upon date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia,
on the 16 day of , 1977.
ITEM #10815
Application of Stackhouse, Inc. , for a Conditional Use Permit for a building
contractor's yard (pz@rking of constructioii equil)m--nt) on certain property
located Z59. 3 feet Soiitli of Indiai-i River Ro@id beginning at a point 210 feet
more or less West of l@'empsville Road, running a distance of 400 feet rnore
or less along @he Northern property line, running a distance of 204. 7 feet
along the Western property li3,c, running a distance o' AOO feet inore or
less along the Soutlicrn property line and running a distance of 204. 7 feet
along tl)e Eastern property line. Said parcel contains 1. 8 acres more or
less. (Bonney's Corner Area). KEMPSVILLE BOROUGH.
Plannin.@ Cornmission Recommendation:
A motion was passed by the Planning Commission by a recorded vote of 10 for
the motion and I against to deny this request due to opposition of residents in
the area. Tt w;is felt tliis use woiald creatc traffic conlestion.
COUNCILMAN WATERFIELD RETURNED TO CHAMBERS
The following appeared in opposition to the above application:
Mr. Brian Donally
Mr. Robert L. Ray
Mr. Bruce W. Challen
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.
Perrell, John R. Griffin, Mayor Clarence A. Holland, J. Henry McCoy,
Jr., Councilwoman Meyera E. Oberndorf, Roger L. Riggs, Vice Mayor
Patrick L. Standing and Floyd E. Waterfield, Jr.
Nays: None
Absent: Councilman J. Curtis Payne
City Council voted to deny the above application of Stackhouse, Inc.,
for a Conditional Use Permit for a building contractor's yard (parking
of construction equipment) on certain property located 259.3 feet South
of Indian River Road beginning at a point 210 feet more or less West of
Kempsville Road, running a distance of 400 feet more or less along the
Northern property line, running a distance of 204.7 feet along the
Western property line, running a distance of 400 feet more or less
along the Southern property line and running a distance of 204.7 feet
along the Eastern property line. Said parcel contains 1.8 acres more
or less. (Bonney's Corner Area). Kempsville Borough. @nj2l- was due to
the opposition of the residents in the area.
ITEM #10816
Application of Jai-nes Proferes for a C;oiiditional Use Permit to operate a parking
lot on certairr property located on the East side of Atlantic Avenue be.@inning at
a point 70 feet NorLh of Iltli Street, running a distance of 130 feet alon., the East
side of Atlantic Avonue, running a distance of 150 feet along the Northern prop-
erty line, running a distance of 130 feet alon,., the Eastern property line and
running a distance of 150 feet along the So,,itliLrn property lille. Said parcel
contains 19, 500 square feet. VIRGINTIA BEACEI BOROUGH.
Planning Commission Recommendation:
A motion was passed unanirnously by the Planning Commission by a recorded
vote of 11 to approve tliis request.
For the information of the applicant, prior to the issuance of a building permit,
the following will be required by the adrninistrative staff:
1. Expiration of the use permit otie yetr frorn the date of approval.
2. Due to the temporary nature of this use permit, standard site improve-
ments will be waived, however, the applicant must provide a gravel parking
siirface with a t)erii-iieter barrier to contain vehicles.
Mr. Thomas C. Broyles, Attorney, represented the applicant
On motion by Councilman Riggs, 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. Ifolland, J. Henry McCoy,
Jr., Councilwoman Meyera E. Oberndorf, Roger L. Riggs, Vice Mayor
Patrick L. Standing, and Floyd E. Waterfield, Jr.
Nays: None
Absent: Councilman J. Curtis Payne
City Council voted to approve the following resolution upon application
of James Proferes for a Conditional Use Permit to operate a parking lot:
RESOLUTION UPON APPLICATION OF JAMES PROFERES R0577115
FOR A CONDITIONAL USE PERMIT TO operate a parking
lot
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA, that:
Application of James Proferes for a Conditional Use Permit to operate a
parking lot on certain property located on the ETs-t @ide of Atlantic
Avenue beginning at a point 70 feet North of llth Street, running a dis-
tance of 130 feet along the East side of Atlantic Avenue, running a dis-
tance of 150 feet along the Northern property line, running a distance
of 130 feet along the Eastern property line and running a distance of
150 feet along the Southern property line. Said parcel contains 19,500
square feet. Virginia Beach Borough
For the information of the applicant, prior to the issuance of a build-
ing permit, the following will be required by the administrative staff:
1. Expiration of the use permit two years from the date of
approval
2. Due to the temporary nature of this use permit, standard
site improvements will be waived, however, the applicant must
provide a gravel parking surface with a perimeter barrier to
contain vehicles.
This resolution shall be effective from date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia,
on the 16 day of lay , 1977
ITEM #10817
Mr. Joseph Lawler, Attorney, represented the applicant
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, John R. Griffin, Mayor Clarence A. Holland, J. Henry McCoy,
Jr., Councilwoman Meyera E. Oberndorf, Roger L. Riggs, Vice Mayor
Patrick L. Standing, and Floyd E. Waterfield, Jr.
Nays: None
Absent: Councilman J. Curtis Payne
City Council approved the following ordinance in the matter of the
closing, vacating and discontinuing that certain street of 30 foot
width, known as Dyer Road, as shown upon that certain plat entitled,
"Survey of Peter Dyer Farm, Property of Peter Dyer Heirs, Princess
Anne Borough, Virginia Beach, Virginia, Scale: 1" = 2001, dated
December 20, 1965, and revised February 9, 1966," and recorded in
Map Book 85 at Page 49 in the Clerk's Office of the Circ,it C,urt
of the City of Virginia Beach, Virginia, Closure is subject to the
following stipulations:
1. The requested street closure will nc)t be effective
until two lanes of the relocated right-of-wa along
ORDINANCE NO.
IN THE MATTER OF CLOSING, VACATING AND
DISCONTINUING THAT CERTAIN STREET OF
30 FOOT WIDTH, KNOWN AS DYER ROAD, AS
SHOWN UPON THAT CERTAIN PLAT ENTITLED,
"SURVEY OF PETER DYER FARM, PROPERTY
OF PETER DYER HEIRS, PRINCESS ANNE
BOROUGH, VIRGINIA BEACH, VIRGINIA,
SCALE: 1" = 200', DATED DECEMBER 20,
1965, AND REVISED FEBRUARY 9, 1966,"
AND RECORDED IN MAPBOOK 85 AT PAGE 49
IN THE CLERK'S OFFICE OF THE CIRCUIT
COURT OF THE CITY OF VIRGINIA BEACH,
VIRGINIA.
WHEREAS, it appearing by affidavit that proper
notice has been given by the Hampton Roads Sanitation
District Conunission, that it would make application to the
Council of the City of Virginia Beach, Virginia, on the first
day of April , 1977, to have the hereinafter described
street discontinued, closed, and vacated; and
WHEREAS, it is the judgment of the Council that
said street be discontinued, closed, and vacated;
NOW THEREFORE,
SECTION I
BE IT ORDAINED by the Council of the City of
Virginia Beach, Virginia that the hereinafter described
street be discontinued, closed, and vacated:
Dyer Road, beginning at a pin located at the
Southwest intersection of Dyer Road and Old
Dam Neck Road, thence South 151 6' 4" East a
distance of 281.85 feet to a pin, thence along
a curve to the right having a radius of 471.09
feet and an arc distance of-191.16 feet to a
pin, thence South 8@ 8' 56" West at a distance
of 354.14 feet to a pin, thence South S* 8' 56"
West at distance of 15 feet to a pin, thence
South 81 8' 56" West a distance of 646.06 feet
to a pin located at the intersection of the
Western edge of the right of way of Dyer Road
and the line of land now or forrnerly of C. E.
Upton; thence South 75@ 10' 7" East at a dis-
tance of 30.44 feet to a pin which is located
at the intersection of the Eastern edge of the
right of way of Dyer Road and the line of land
now or formerly D. E. Upton; thence North 81
8' 56" East a distance of 1020.17 feet to a pin
thence along a curve to the left having a radius
of 501.09 feet at an arc distance of 203.34 feet
to a pin; thence North 15' 61 4" West a distance
of 278.95 feet to a pin located at the South-
eastern intersection of Dyer Road and Old Dam
Neck Road; thence Westerly to the point of be-
ginning.
Said parcel of land being known as Dyer Road as
indicated on that certain plat of property to be vacated
along existing Dyer Road for the Hampton Roads Sanitation
District Commission, which plat is recorded in the Clerk's
Office of the Circuit Court of the City of Virginia Beach,
Virginia, in Mapbook at page and which
plat is made a part hereof by reference.
SECTION II
The street discontinuance closure and vacation as
provided in Section I, above, shall not be effective until
such time as the relocated Dyer Road shall have been con-
structed and is passable for vehicular traffic and is oper-
able; and the Hampton Roads Sanitation District Commission
shall at all times maintain an adequate roadway for
through-traffic during the construction of the aforesaid
relocation of Dyer road.
SECTION III
This Order shall be in effect from the date of
its passage.
Approval is subject to the following stipulations:
1. The requested street closure will not be
effective until two lanes of the relocated right-of-way
along the western and southern boundary of the HRSD
property have been constructed and are operable.
2. An alternate route for public access to the
existing cemetery is to be provided.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
16 _day of May 1 1977
ITEM #10818
Mr. Dabney B. flolt appeared regarding this matter
On motion by Vice Mayor Standing, seconded by Councilman Riggs, 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 l@IcCoy,
Jr., Councilwoman Meyera E. Oberndorf, Roger L. Riggs, Vice Mayor
Patrick L. Standing, and Floyd E. Waterfield, Jr.
Nays: None
Absent: Councilman J. Curtis Payne
City Council voted to refer back to the Planning Commission the following
ordinance closing, vacating and discontinuing a portion of Lincoln Avenue
in the Lynnhaven Borough of the City of Virginia Beach, Virginia. This
application is to be brought back before Council with the application of
Mr. Frank Butler:
Ai@j C)'
P-.@oi@)@r notief.,, Bruco @l-id i)@l,,I(-,y B. liolt
would itrikc, @,ippli.cal@ion to tlie Ci',-.y of th-- Cit,. of Viriii-iia B--acl-i,
Virg.-@Lnia, to have the hcrc-*,tiaf-[,c!r porticn of Lincc)lli Avctnue clo,.,Cd, k,-acated
and di-con@Linued as a pu@ilic road of thc@ City of VirL,Liia B,-@ach was dul.y
posted at the CourLhouse of ti,e Circuit Couz,@@ of the City of Virgil-lia P@').ch,
Virginia and at tiio public in th(,, Ci@y of Vd,i,ejjaia @acli, Virginia
on tile 4th day of February -7 1-977;
WIMREIAS, the land proprie'cors affected thereby have bec,,n duly notified;
and
WHEREAS, said Lpplication was made to the City Plar)iiing Corrzrdssion and
to the Ci@y Council and pursuan@@ to the st,,tubes in such cases made and
provided, the Council appointed Viewers who h@ive reported to tlie Council
that no inconvenience to the public or to private indiv-iduals would result
:froin such closing, vacation and discontinuailec; and
WHEP,EAS; the City Plaianing Corxdssion after propcr notice and hcaring,
has reported thereon to the Council; and
WHEREAS, it is the judgement of the Council that said portion of LiiicoL-i
Avenue should be closed, vacated and discontinued; no,,i therefore
BE IT OZDAINED BY 'nlc COLINCIL OF 7tm, CI'llf OF VIRGINIA FCACH, VIRGIIIIA:
SectionL That the certain portion of said road described as follows in the
Lynnhaven Borough of the City of Virginia Beach, Virginia, is hereby closed, vacated
and discontinued as a publi.c road of the City of Virginia Beach, Virginia, said
cIertain portion of said road not being ncoded for publi.c use and travel:
ALL THAT CERTAIII portio.,i of Lincoln Avcnue (ii-,idcvc,,Ioped) bcilig a50'
strip of land lying east and adjacent to I,ots 17 and 18 in 13locl@ 8,
a@,,d to the west and adjacctit to Lot 10, Block 7, Subdivioioia of Pecan
Gardcns, Lynnliavc,.ii Borour)i :Ln the Cit5, of V-*@rginia @ach, Virg;-nia. Ync
day3 r icc@,,
2.
ily tile.
L)@ spr@.@Li(l up.@n t@;-! 1)"hli(; t'
Off."t@ce of the CirctLj, ct). .t of tlli
,).C. s C'ty c(' "n @ls a
d(lcl,(l to 1,.Ind i.
Referred back to the Planning Commission: May 16, 1977
Adopted by the Council of the CiLy of Virt,!.'i.ni.@ B,-acii, Virginia oii thf,---,--
day of 1 1977.
ITEM #10819
On October 20, 1976, the United States Congress adopted Public Law
94.-566. The adoption of this law forced states to extend Federal
Unemployment Compensation Act benefits to most states and local
governmental employees.
Specifically, the Act mandates that each locality contribute 3.4%
of the first $6,000 of compensation of eacli employee into the state
compensation trust fund. The cost of Virginia Beach in taxes, if
this law goes into effect on January 1, 1978 as scheduled, would be
an initial payment of $450,000.
The National Institute of Municipal Law Officers, in conjunction with
the International City Management Association, wishes to mount a challenge
on the constitutionality of the Employment Compensation Act of 1976. These
two organizations are ciirrently establishing a litigation fund.
On motion by Councilman Ferrell, seconded by Councilman Baum, 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., and Floyd E.
Waterfield, Jr.
Nays: Councilmen Robert B. Cromwell, Jr., Councilwoman Meyera E.
Oberndorf, Roger L. Riggs, and Vice Mayor Patrick L. Standing
Absent: Councilman J. Curtis Payne
CitY Council voted to adopt on first reading the following resolution
in support of the National Institute of Municipal Law Officers's
litigation to make the determination as to the constitutionality of the
Federal Unemployment Compensation Act of 1976:
I,,V
16
On riot iLn 1.@y Councilman Ferrell and l,y Councilman Baum
ttic@ fc,ll.owiii@, reso@ltiti(@i- .@as adc,l)t.e,i.
R l@' @; 0 j@ 17 ill I 0 19
WIIEREA',@, tlie Coil@ic!@@z@ of tlie UliiLcd St@-tc@s adoptc,.d PLblic ],,iw 94-566 (II.R. 10210)
forcing tlie statcs to !(!opt: ii lzlw pro\,iding for Lhe extc!nt:@on of tlie Fcc'eral- Unmploy-
ment Compensati.on Act to iaost state anJ loc.,il governmCI-IL CrilployecS; ind
l,nlEl@'EAS, tlie impact of tbe Act signed October 20, 1976 would cost 3.4% of the
coinpensatioii of each statc and local govctrnnierit einployee oii the first $6,000 of
compensation; aild
WHEREAS, tlic National Institute of Municipal l,aw Officers i.n its considered
view deterniined a triist ftind sliotild be estal)lislied from its me@mber cities to mount
a constitutional attack oii the Unemploymeiit Compensation Act of 1976 which will iii,.pose
$1,000,000,000 in federally mandated taxes on states, cities and counties throligli otit
the United States effective January 1, 1978; aild
14HEREAS, tlie cost to the City of Virginia Beach in taxes amounts to approximately
$450,000:
THEREFORE, BE IT RESOJ,VED BY THE COUNCIL OF TIIE CITY OF VIRGINIA BEACH,
VIRGINIA:
That tlie City of Virginia Beatli join in sucli liti.gation to make this determinalioil
as to the constitutionality of such federal legislation wliich sets forth this massive
intrusion into state and local governilleiit finaiicial affairs.
That the City Manager and City Attorney are directed to do what is necessary to
implc@.iiient tliis actioll.
BE IT FURTIFER RESOLVYD tliat $7,500 is hereby appropriated as the City of Virgiiiia
Beach's share in develol)ilig tlic infort,.ation for such litigation.
FIRST READING: May 16, 1977
SEDOND READING:
ITEM #10820
On motion by Councilman Ferrell, 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, Roger L. Riggs, Vice Mayor
Patrick L. Standing, and Floyd E. Waterfield, Jr.
Nays: None
Absent: Councilman J. Curtis Payne
City Council voted to approve on first reading the following ordinance
to accept a grant totaling $3,176 from the Virginia Association of
Commonwealth's Attorneys and to appropriate these funds:
AN 'rO ACCI.Pl@ A ]'()TPII,LT,@C
$3,176 l;,O@l TI-I@' VI-I@G 1.1@IA ASS()'-']A" l(@i@ OF
Al"I"01,;,Ii@,'YS AIID To -'Ill,ROPRI-
ATE VTINDS:
BE IT ORI)AINED BY TIIE COUNCIL OF Tlll," CITY OF VIRGII@IA BEACII,
VIRGINIA:
That a grant from tlie Virginia A.,3sociation of Cominonivealtli's
Attorneys (VACA) for the einploymeiit of thrce laxq i)itcrns during the sunimer
of 1977 be accepted and@appropri,-ted as follo@is:
Estimated Rcv(@ntic Loc,,il Total
From Otlier Agencies Li'll-t -@ll
LAW INTERN PROGIWI 3 017 @5 9 1 3-L76
That the appropriations will be financed by $3,017 estimated
reventle fxom the VACA, and a local sliare of $159 to be transferred from
the Reserve for Contiiigencies - Federal Grants.
BE IT FURTI[ER ORDAINED:
That the City Manager is hereby authorized to sign tlie necessary
papers to accept tliis grant a%qard on behalf of tlic city.
First Reading: hlay 16, 1977
Second Readiiig:
ITEM #10821
COUNCILMAN FERRELL LEFT COUNCIL CHAMBERS
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., John R. Griffin.
Mayor Clarence A. flolland, J. Henry McCoy, Jr., Councilwoman Meyera E.
Oberndorf, Roger L. Riggs, Vice Mayor Patrick L. Standing, and Floyd E.
Waterfield, Jr.
Nays: None
Absent: Councilmen George R. Ferrell and J. Curtis Payne
City Council voted to approve the following ordinance to amend
Article V-A of Chapter 2 of the Code of the City of Virginia
Beach by adding thereto Section 2-57.1, pertaining to Fire Protection
personnel:
AN ORDINANCE TO AMEND ARTICLE
V-A OF CHAPTER 2 OF THE CODE OF
THE CITY OF VIRGINIA BEACH BY
ADDING THERETO SECTION 2-57.1,
PERTAINING TO FIRE PROTECTION
PERSONNEL
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That Article V-A of Chapter 2 of the Code of the City of Virginia Beach,
Virginia, be amended by adding the following new section 2-57.1.
Section 2-57.1. Background investigations of applicants for the Department of Fire
Protection.
In order to detemine if any past criminal conduct of any applicant to
the Department of Fire Protection would be compatible with the nature of the position
under consideration, the following procedure shall be followed:
1. Each applicant to the Department of Fire Protection shall furnish
classifiable set of fingerprints to the Department of Police.
2. The Chief of Police and members of the Department of Police acting in
his name are authorized to conduct a field investigation and directed to conduct
criminal record checks on each applicant for employment by the Department of Fire
Protection.
3. The Chief of Police or a member of the Police Department acting on
his behalf or an investigator designated by the Fire Chief within the Department
of Fire Protection shall prepare a factual summary of the background investigation
and criminal records check of each firefighter applicant, and transr.Qit such summary
to the Fire Chief for the purpose of determining the fitness of an applicant.
4. Background investigations and records checks include records of all
arrests and dispositions as an adult. Records of arrests and dispositions, while
an applicant was considered a juvenile, shall be transmitted only when authorized
by court order, court rule, court decision, federal regulation or state statute,
authorizing such dissernination.
5. Criminal history records and information shall include arrest and
disposition data on file in h
, ,.,y "'P @ .@ @, ",@, , , ,lirt i-r'oLuci:ion wno is denied
employment on the basis of the investigation summary referred to in this ordinance
may inspect that summary for the purpose of clarifying, explaining or denying the
,accuracy of its contents.
7. The Chief of Police and members of the Police Department shall make
no other dissemination to the Fire Chief regarding the fitness of firefighter
applicants, except in the official summary report referred to in this ordinance.
8. Use of criminal history record information disseminated to the Fire
Chief shall be limited to the purpose for which it was given and may not be
disseminated further.
Note: For dissemination of criminal history record information, see 19.2-389,
Code of Virginia, as amended.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
16 day of Ma 1977.
ITEM #10822
COUNCILMAN FERRELL RETURNED TO CHAMBERS
On motion by Councilman Waterfield, seconded by Councilman Cromwell,
and by re6orded 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, Roger L. Riggs, Vice Mayor
Patrick L. Standing, and Floyd E. Waterfield, Jr.
Nays: None
Absent: Councilman J. Curtis Payne
Mrs. Frances Elrod, Director of the Department of Social Services,
has inforrqed the City Manager of the need for a transfer of funds
in order to pay hospital bills already incurred for the medically
indigent.
Therefore, City Council voted to approve a transfer of $65,000
from Foster Care, budget code 8020-507, to State-Local hospitalization
code 8030-210, in order that these bills can be paid as soon as possibie.
It should be noted that the reimbursement ratio for State-Local
hospitalization is the same as Foster Care (50%), and the same revenues
may be expected as were originally anticipated.
ITEM #10823
On motion by Councilman Waterfield, seconded by Councilman Riggs,
and by recorded vote as follows:
Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., George R.
Ferrell, John R. Griffin, @Aayor Clarence A. Holland, J. Henry AIcCoy,
Jr., Councilwoman Meyera E. Oberndorf, Roger L. Riggs, Vice @.layor
Patrick L. Standing, and Floyd E. Waterfield, Jr.
Nays: None
Absent: Councilman J. Curtis Payne
City Council voted to approve the following tax refunds in the amount
of $239.43:
@l aF; @o
on A
.cr
i7
to
cit-Y cl,@,@
c icy
AN ORDINANCE AUTHORIZING T@IK I'l@@l'U'TDS Date 4-29-77
UPO'4 APPLICATIO',I OF CERTA114 PER"O"'S
PITD UPON CERTIFICTLTION OF TliE TI@EASUU..R
FOR PAYTC.NT
BE IT ORDAINED BY THE COUNCIL OF TIIE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for tax refunds upon certification of the
Treasurer are hereby approved:
Totalin, $88.7/+
TAX TYPE TICKET EXO',iER-6,- DATE
N@ YEAR OF TA-X NTATBER TION NO. PAID PENALTY INT. TOTAL
de liughes 1977 CD 124736 4-26-77 11.25
rilcliii Sectirity System@-1977 CD 124603 4-12-77 11.25
il@i.e D. Su,)ffiierhill 1977 CD 32434 1-20-77 7.50
Sijrmierhi-11 1977 CD 32435@ 1-20@77 7.50
c@-)h E. I,OM,2x 1977 CD 35043 1-24-77 7.50
nTie & Blaine L. Krug@.r!977 CD@ 19300 1-26-77 7.50
,,rd B.
3.977 CD 3.20775 2-2-77- 6.87
CD 120796 2-2-77 6.87
@ial E. Gurganus 1977 CD 58694 1-27-77 7-.50-
r,,, e Cowan 1977 CD 47858 1-18-77 7.50
ter Friedman 1977 CD 39876 1-28-77 7.50
The abovelabatement(s) totaling c payme5t;
('i' @ @ were approved by
the Council of tlio@-City of Virginia
Beach on @the day of q
v Treasurer
Approved as to form:
Richard J. @,lebbon,
City Clerk
1'.,ile Blinson, City @ttorney
ITEM #10824
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. Henry tIcCoy,
Jr., Councilwoman @deyera E. Oberndorf, Roger L. Riggs, Vice Mayor
Patrick L. Standing, and Floyd E. Waterfield, Jr.
Nays: None
Absent: Councilman J. Curtis Payne
City Council voted to approve the following Standard Water/Sewer
Agreement:
Brandon Subdivision, Phase II
(Kempsville Borough) Water/Sewer
ITEM #10825
On motion by Councilwoman Oberndorf, 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, Roger L. Riggs, Vice Mayor
Patrick L. Standing, and Floyd E. Waterfield, Jr.
Nays: None
Absent: Councilman J. Curtis Payne
City Council approved the following Bingo/Raffle permits:
Oceana Lions Club
Tidewater City Council -
Beta Sigma Phi
ITEtl #10826
On motion by Councilman Ferrell, 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, Roger L. Riggs, Vice Mayor
Patrick L. Standing, and Floyd E. Waterfield, Jr.
Nays: None
Absent: Councilman J. Curtis Payne
City Council voted to adopt the following resolution requesting the
State Highway Commission of the Conunonwealth of Virginia, through
its chairman Honorable John E. Harwood, not to reduce the tolls on
the Virginia Beach-Norfolk Expressway at the expense of those improve-
ments that are projected by the Highway Department:
RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF VIRGINIA BEACH PASSED A@- ITS REGULAR
MEETING ON MONDAY 1.6th DAY OF MAY, 1977.
WHEREAS, there is now pending before the State
Highway Commission of the Commonwealth of Virginia the
question of reducing tolls on the Virginia Beach, Norfolk
Expressway and;
WHEREAS, it has been indicated to the Council that
the much needed improvements on the Virginia Beach, Norfolk
Toll Road, including the on-off ramps, would be deleted or
delayed if tolls were reduced and;
WHEREAS, today's traffic counts are far exceeding
future proje-ctions, and the delay of the improvements would
create a transportation crisis in the City of Virginia Beach,
NOW THEREFORE, be it resolved that the City Cbuncil
of the City of Virginia Beach does go on record and request the
State Highway Comn@ission of the Commonwealth of Virginia, through
its chairman Honorable John E. Harwood at 1404 East Broad Street,
Richmond, Virginia, not to reduce the tolls on the Virginia
Beach, Norfolk Expressway at the expense of those improvements
that are projected by the Highway Department.
Certified to be a true copy.
@16rk of t City Council of virginia Beach
ITEM #10827
Councilman Waterfield informed Council of the pump station fire
at Sandbridge, and due to the fire there will be no pumping of
salt water into fresh water for some time.
The City Manager stated that the fire chief is going to try to save
the pumps as they are the most valuable, and there are helicopters
trying to remove them. Estimated damage to date is $10,000 - $12,000.
ITEM #10828
Mayor Holland appointed Vice Mayor Standing as Chairman of the Northend
Study. Along with Vice Mayor Standing, the Mayor requested persons from
each of the following departments or organizations be appointed:
One person - Police Department
One person - Planning Department
One person - Parks and Recreation
One person - Seashore State Park
Three members - Area Civic Leagues
ITEM #10829
Councilwoman Oberndorf stated that realizing Virginia Beach has
committed itself for promoting regional cooperation it only seems
sensible to include in our legislative package a request to have
the State take over the allocation and pricing of the substance
so vital as water.
This would remove a life sustaining natural resource such as water
from the Political arena and it would equalize the burden of payment
so that residents of our locality would not be at the financial mercy
of another municipality.
With the State establishing equity and pricing, each municipality
would be responsible for running their individual government as
financially responsible entities without holding the "financial
axe" over another municipality's head.
ITEM #10830
On motion by Councilman Ferrell, seconded by Councilman Riggs,
and by acclamation, the meeting adjourned.
erk Mayo
City of Virginia Beach,
Virginia
May 16, 1977