Loading...
HomeMy WebLinkAboutJUNE 25, 1973 II MINUTES OF THE HONORABLE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA June 25, 1973 "-I The regular meeting of the Council of the City of Virginia Beach, Virginia was held in the Council Chambers in the Administration Building in the Borough of Princess Anne, on Monday, June 25, 1973, at 2:00 p.m. The invocation was given by the Reverend Albert J. Schrader, Scott Memorial Methodist Church, Virginia Beach, Virginia. Councilmen present: John A. Baum, Robert H. Callis, Jr., Mayor Robert B. Cromwell, Jr., Vice Mayor F. Reid Ervin, George R. Ferrell, Charles W. Gardner, Clarence A. Holland, D. Murray Malbon, J. Curtis Payne, Donald H. Rhodes, and Floyd E. Waterfield, Jr. Councilmen absent: None ITEM #6039 ~.... '1 On motion by Councilman ~1albon, seconded by Councilman Ferrell, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Mayor Robert B. Cromwell, Jr., Vice Mayor F. Reid Ervin, George R. Ferrell, Charles W. Gardner, Clarence A. Holland, D. Murray Malbon, J. Curtis Payne, Donald H. Rhodes, and Floyd E. Waterfield, Jr. Nays: None Absent: None City Council approved the Minutes of the Regular Meeting of June 18, 1973, and the reading of said Minutes dispensed with inasmuch as each Councilman had a copy of the subject Minutes before him. ITEM #6040 At the request of Mr. J. R. McKenry, City Council deferred for one (1) week consideration of the application of the Sertoma Club of Virginia Beach for a Bingo permit at the Maryland Inn, Oceanfront and 23rd Stree!t. ITEM #6041 The City Manager, Mr. Roger Scott, introduced the following Virginia ~ Beach Municipal Fellows: Nancy J. Fleetwood, Program Coordinator, will be working in the Personnel Department preparing a modification of the present Personnel Budget Report System. Joseph D. Russell will be working in the Department of Public Libraries to work on a citizen information booklet concerning the organization of the city government and an index of services for the City residents. Jeanne M. Proctor will be working on a project for the Department of General Services concerning the revision of the current cost accounting and inventory control systems. II I ,,' J, ;I",HI Howard R. Sykes will be working in the Department of Economic Development on a cost-benefit analysis. David F. Finney will be working in the Traffic Engineering Depaltment to make an extensive study on accident recurrence in the Virginia Beach area. Rick J. Curry will be working in the Department of Management . Services to form an educational program which will instruct employees in the basic understanding of the computer system. Rudolph Martinez will be working in the Public Utilities Department on a project involving a chemical survey of the lakes of the Virginia Beach area. ITEM #6042 Application of Nicholas S. Michael for a Use Permit to operate games of skill and science (footsball) on certain property located at the Southwest corner of Pleasure House Road and Thoroughgood Road. Said parcel is known as Part of Lot 63, Shelton Place by Baldwin and Gregg dated November 3, 1959. (Robbins Corner Area). BAYSIDE BOROUGH. """"I The Planning Commission recommends denial of this request because of opposition to this request from the area residents and the lack of adequate parking available to serve the proposed business. On motion by Councilman Holland, seconded by Councilman Malbon, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Mayor Robert B. Cromwell, Jr., Vice Mayor F. Reid Ervin, George R. Ferrell, Charles W. Gardner, Clarenc~ A. Holland, D. Murray Malbon, J. Curtis Payne, Donald H. Rhodes, and Floyd E. Waterfield, Jr. Nays: None Absent: None In accordance with the following decree of the Circuit Court, City Council approved the above application of Nicholas S. Michael for a Use Permit to operate games of skill and science (footsball) on certain property located at the Southwest corner of Pleasure House Road and Thoroughgood Road; said parcel is known as Part of Lot 63, Shelton Place by Baldwin and Gregg dated November 3, 1959 (Robbins Corner Area) BAYSIDE BOROUGH: '-._.~;""""'"\:l';~" ~ ,J . "] .", ;-; - ... ... ... .. ....'1 . . " ~ f ~ .' , .. ~ .. , l> jf .. _...>,':,: "'.< .';,.",..~.~ """'<'" ....:"'.. '.~.J'~':'~ ,.,j~_"" II II ( VIRGINL'\: IN THE CIRCUIT COURT 07 TI-lE CITY OF VIttGINL\ BEACH ON THE 1ST DAY OF JUNE, 1973 NICEOLAS S. MICHAEL, . . Plaintiff. . . v.. . . IN CF.ANCE:.:ty 110. 16,940 R03ERT B.: CROM'.vELL, JR., et a1, De fen~'"lts, . . . . ~ DECREE T~rrs CAUSE Cam2 on this day to be h~ard having been continued a-~d taken under advisement by the Court for the purpose of !:"l.1ling and rencer". i~an opinion on the oarits at the conclusion of the trial on th~ merits had hereL'1 on Hare h 15 t '1973, ~,d was argued by Counsel; ON CorISIDERAT!O~ ~~OF, and the Court hAving maturely considered the evidence taken ore t~nus and the exhibits fil~d herein at separate hearings cn October 24, 1972, on November 17 t 1972, and on Nareh 15, 19T~, and h3ving revie-r..ved th~ application of the plaintiff; the site plan; th!~ 1''''''1 departmental review, the minutes of tha Planning Comnission and the City Council hearings on the plaintiff's application, and the- applicable ordinrmces of the City of Virginia Beach, and the state enabling legisl;::1'~ tion pursuant to which same were enacted, the Court is of opinion and doth for the reasons set- forth in a written letter opinion to counsel dated and filed herein on Hay 10, 1973, ADJUDGE and DECREE that the City Council of the City of Virginia Beach, Virginia, acted arbitrarily, un- reasonably and capriciously in denying and refusing to grant the use permit applied for by the plaintiff, to use the subject property as a footsoall parlor; and it is further ORDZRED that the d~fendant3, City Council of the City of Virginia Beach, grant and issue such permit to the pla~ntiff in accordance with the site plan 3ubnitted with the said appli~ cation to Council and on condition that off-street parking improvGmentspe oade as st~m on snid site plan. 'I""I Enter: Seen: t1 I . Phillip t. t~U3S0, J .,. ..l uo;;e Grover c. ~';right , Jr. p.q. Seen and objected to: By ~Jilli~ \1. Berry, IV, ... p.a. II I ' ..' ITEM #6043 Application of Hassell E. Perrell for a Change of Zoning from Residence Suburban District 4 (R-S 4) to Multiple Family Residence District (R-M) and a Use Permit to construct 24 additional apartment units, totaling 66 units on certain property beginning at a point 850 feet more or less North of Shore Drive at Old Harris Lane and the West side of Pleasure House Road: ''''''''I Parcell: Change of zoning from R-S 4 to R-M: Beginning at a point 480 feet West of Pleasure House Road, at Old Harris Lane and 850 feet more or less North of Shore Drive, running a distance of 323 feet more or less along the Southern property line, running a distance of 122 feet along the Western property line, and running a distance of 375 feet along the Northern property line and running a distance of 270 feet along the Eastern property line. Said parcel contains 1.025 acres. . Parcel 2: Use Permit to construct 24 additional apartment units, totaling 66 units on certain property beginning at a point 850 feet more or less North - of Shore Drive at Old Harris Lane and running a distance of 250 feet along the West side of Pleasure House Road, running a distance of 805 feet more or less along the Southern property line (Old Harris Lane), running a distance of 122 feet along the Western property line and running a distance of 875 feet along the Northern property line. Said parcel contains 4.5 acres more or less. (Chesapeake Beach-Bradford Terrace Areas). BAYSIDE BOROUGH. . Planning Commission Recommendation: A motion by Planning Commission was passed for approval of this request subject to the following: 1. A modification from the requested density from 24 additional apartment units, totaling 54 units, for a density of 12 dwelling units per acre. '-1 (Planning) 2. Water and sewer line fees required. (Public Utilities) 3. Standard site plan requirements. (Engineering) 4. City water and sewer. (Health Department) 5. Recommend that 15% of the 4.5 acres be provided and developed for active recreation. ' (Department of Parks and Recreation) 6. Suggest participation in school site acquisition. Mr. Owen Pickett appeared on behalf of the applicant. Mr. Donald Clark, representing Mr. and Mrs. Walker, appeared before City Council requesting that the applicant be required to improve Old Harris Lane. Mr. J. H. Agles, on behalf of the Chesapeake Beach Civic League, appear d before City Council regarding the subject application. On motion by Councilman Holland, seconded by Councilman Rhodes, and by recorded vote as follows: '-'1 Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., George R. Ferrel Charles W. Gardner, Clarence A. Holland, D. Murray Malbon, J. Curtis Payne, Donald H. Rhodes, and Floyd E. Waterfield, Jr. Nays: Vice Mayor F. Reid Ervin. Absent: None Abstain: Mayor Robert B. Cromwell, Jr. I It. ,,' . . . ." ,\- ". , < \;, :".. 1"OW ..". f ....:.. -J .' . ,- " .J- -::-, .<~! _I City Council approved the above application of Hassell E. Perrell for a Change of Zoning from Residence Suburban District 4 (R-S 4) to Multiple .Family Residence District (R-H) and a Use Permit to construct 12 additional apartment units, totaling 54 units on certain property beginning at a point 850 feet more or less North of Shore Drive at Old Harris Lane and the West side of Pleasure House Road: Parcell: Change of zoning from R-S 4 to R-M: Beginning at a point 480 feet West of Pleasure House Road, at Old Harris Lane and 850 feet more or less North of Shore Drive, running a distance of 323 feet more or less along the Southern property line, running a distance of 122 feet along the Western property line, and running a distance of 375 feet along the Northern property line and running a distance of 270 feet along the Eastern property line. Said parcel contains 1.025 acres. Parcel 2: Use Permit to construct 12 additional apartment units, total- ing 54 units on certain property beginning at a point 850 feet more or less North of Shore Drive at Old Harris Lane and running a distance of 250 feet along the West side of Pleasure House Road, running a distance of 805 feet more or less along the Southern property line (Old Harris Lane), running a distance of 122 feet along the Western property line and running a distance of 875 feet along the Northern property line. Said parcel contains 4.5 acres more or less. (Chesapeake Beach-Bradfor Terrace Areas). BAYSIDE BOROUGH. """'-1 Approval of this application is subject to the following stipulations: 1. A modification from the requested density from 24 additional apartment units, totaling 54 units, for a density of 12 dwelling uni ts per acre. (Planning) 2. Water and sewer line fees required. (Public Utilities) 3. Standard site plan requi rements. (Engineering) 4. City water and sewer. (Health Department) S. Recommend that 15% of the 4.5 acres be provided and developed for active recreation. (Department of Parks and Recreation) 6. Suggest participation in school site acquisition. 7. A 50-foot dedication be made along Old Harris Lane. 8. The applicant will participate in one-half of the total cost of the acquisition of materials up to $1,000. for the improvement of Old Harris Lane. . ....,;1j .- ) - . .. .... '.. , . . , </"~. ~ f ~' ". :" 'fl .. , 1/. ~ - II I I 1'''''''1 ITEM #6044 Application of Sea Bay Development CorD., by R. ~. Bosher for a Chanoe of toni)9 from One Fami ly Residence District (R-l) to Retail Business Oi strict B-1 and a Use Permit to operate a parking lot on certain prooerty located on the \Jest STde of Pacific Avenue extendinq beh!een tlorfol k Avenue and 11 th Street, running a distance of 135 feet r;;ore or less along the north side of Norfolk Avenue, running a distance of 620 feet more or less along the \-lest side of Pacific Avenue, running a distance of 80 feet along the South side of 11th Street, running a distance of 600 feet more or less alonG the \Jestern property line of which 90 feet more or less is the East side of Lake Drive. VIRGINIA BEACH BOROUGH. Planning Conmission Recommendations: A motion by the Planning Commission was passed for approval of this application subject to the following: 1. Modified the reauest to a period of two full seasons. 2. Standard site plan requ;re~ents to include sidewalks, curb and gutter, pavement rlidening and storm drains as necessary along the adjoining rights of way; no encroachment onto the City "lake !;hall be permitted. (Engineering) 3. Plant screening meeting Planning Oepartplcnt specifications sha 11 be required along Pacific Avenue and that provisions to bulkh~ad the backfilled area shall be submitted for the Engineerinq Depart~ent approval. (Planning) 4. Useable distance betvleen lake Holly and Pacific St. 115 feet; n-eeded area 138 ft., no provision for bulkheading. (Soil Conservation). Mr. Tuthill appeared on behalf of the applicant. On motion by Councilman Callis, seconded by Councilman Malbon, and by recorded vote as follows: WI Ayes: Councilmen John A. Baum, Robert H. Call is, Jr., Mayor Robert B. Cromwell, Jr., Vice Mayor F. Reid Ervin, George R. Ferrell, Charles W. Gardner, Clarence A. Holland, D. Murray Malbon, J. Curtis Payne, Donald H. Rhodes, and Floyd E. Waterfield, Jr. Nays: None Absent: None City Council approved the above application of Sea Bay Development Corp. for a Change of Zoning from One Family Residence District (R-l) to ItetaiJ BUSIness District (B-1) and a Use Permit to operate a park- ing lot on certain property located on the West sIde of Pacific Avenue extending between Norfolk Avenue and 11th Street, running a distance of 135 feet more or less along the North side of Norfolk Avenue, running a distance of 620 feet more or less along the West side of Pacific Avenue running a distance of 80 feet along the South side of 11th Street, run- ning a distance of 600 feet more or less along the Western property linl of which 90 feet more or less is the East side of Lake Drive. VIRGINIA BEACH BOROUGH. Approval of this application is subject to the following stipulations: ""'1 1. Modified the request to a period of two full seasons. 2. Standard site plan requirements to include pavement widening and storm drains as necessary along the adjoining rights of way; no encroachment onto the City lake shall be permitted. (Engineering) 3. Plant screening meeting Planning Department specifications shall be required along Pacific Avenue and that provisions to bulkhead the backfilled area shall be submitted for the Engineering Depart- ment approval. (Planning) 4. Development of this site shall be limited to the six-foot contour as shown on the City of Virginia Beach Topo Map. "',~,:' ", .r'f.......,........:......;-,-":<'..~.> .. ._ -",:1"~Y" '.','Or'" ." ~",,~.,. '-r-' "<""""-_"",,"",!.,,,,.*,':,,:~.,......, .. -. .....::-....;...:'I.."''t,.~I'~ \'-">"'1 -' - .'_...._.,. ,h .."." ;,'J"~-;:,.,"' .~..,. h~ .- :,....":"....,~,~~.!ft--y.,.J.. ,~.,",. ~.... ITEH #6045 On motion by Councilman Ferrell, seconded by Councilman Gardner, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Mayor Robert B. Cromwell, Jr., Vice Mayor F. Reid Ervin, George R. Ferrell, Charles W. Gardner, Clarence A. Holland) D. Murray Malbon, J. Curtis Payne, Donald H. Rhodes, and Floyd E. Waterfield, Jr. Nays: None Absent: None City Council approved on second reading the transfer of $10,002 from Reserve for Contingencies in order to pay the Southeastern Virginia Planning District Commission the City's share of the Traffic Operations Study (TOPICS). ITEM #6046 On motion by Councilman Rhodes, seconded by Councilman Gardner, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Mayor Robert B. Cromwell, Jr., Vice Mayor F. Reid Ervin, George R. Ferrell, Charles W. Gardner, Clarence A. Holland, D. Murray Malbon, J. Curtis Payne, Donald H. Rhodes, and Floyd E. Waterfield, Jr. Nays: None Absent: None "~'I City Council adopted the following Resolution endorsing the resolution approved by the Board of Directors of the STOP Organization relative to the Tidewater Residential Support Center: RES 0 L UTI 0 N WHEREAS, The Tidewater Residential Support Center was created in June, 1971, as a mini-Job Corps Center to help the poor and deprived among girls age 16 to 22; and WHEREAS, The Tidewater Residential Support Center was created in response to the problems that existed in larger Job Corps Centers, and to achieve successful job training and job placement among this constituency; and WHEREAS, The Tidewater Residential Support Center has operated under the eye of the community, its elected officials, and repeatedly oeen -, inspected, evaluated and rated by Department of Labor officials and found I exemplar in conduct and effect; and WHEREAS, The Department of Labor has acted to close the Tidewater Residential Support Center; it is therefore RESOLVED, That the City of Virginia Beach endorses the petition of the Board of Directors of the STOP Organization to our representatives in the Congress of the United States to investigate and assure thems~lves of the validity of their resolution which was passed on June 20, 1973. . ; '-.;','~. ",:,."' "'~ ~"" ';''':'~' .;.:.,,<.7...-,:"'..".- < .- '--:.~.~'-""""""~-"~~'C'-"<" ~._~, -~"':'" .......,,";""".w.-. .."....,~" :- III,' \.' , l~ . ...'" . - - -\ . '.. i ' .....; <- ~ '-I . . , .J .,., ~"!! ~,. ... ITEM #6047 On motion by Councilman Ferrell, seconded by Councilman Rhodes, and by recorded vote as follows: Ayes,: Councilmen John A. Baum, Robert H. Callis, Jr., Mayor Robert B. Cromwell, Jr., Vice Mayor F. Reid Ervin, George R. Ferrell, Charles W. Gardner, Clarence A. Holland, D. Murray Malbon, J. Curtis Payne, Donald H. Rhodes, and Floyd E. Waterfield, Jr. Nays: None Absent: None City Council amended the Minutes of May 21, 1973, Item #5893, by deleting number "3" under the stipulations for approval, as number 7 a and b incorporated all the improvements to Rosemont Road. ITEM #6048 On motion by Councilman Payne, seconded by Councilman Gardner, and by recorded vote as follows: f'~""'1 Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Mayor Robert B. Cromwell, Jr., Vice Mayor F. Reid Ervin, George R. Ferrell, Charles W. Gardner, Clarenc~ A. Holland, D. Murray Malbon, J. Curtis Payne, Donald H. Rhodes, and Floyd E. Waterfield, Jr. Nays: None Absent: None City Council adopted the following Resolution amending the Charter Agreement of the Southeastern Virginia Planning District Commission to provide for alternates for members who are elected officials: fII!~ _-.-___'..,'"..,...."_,..-"_~._"__..,..~"""'._r.:_____.v.__::l"':.;<rI!'...:r".;;~.~-....., .' :'.. ~....-i:'J~'~'<-.ir-r.,;--..~--~ f . ,.. '''.-~'' \" . , ;- .. "~~. 'r~-' - . \-~ ,~ '" ~ ...' , --:,1 - ':i -~ , , ~ .-J J' . .A t.' j ,~ "" ~ " .- .' '~ '.: . , ..... ~ t ~ , ," . .. 'fI .. , J" , ''''''1 ,. r III 1";;..~ ;:"' ~ .~";,., .:~., :-~.\ -"~.' ,- ,.',. ';'..",i'-' ..:~i'",j<: '''', ,. .,.- "",,,~",?,""".--~~~--,~.,,,.-- ."~--'-,-''-'~-. ''-'~'''~:c,_~...,-:,.;......-.,._.,..;...-:..+- - . .. ;-",V--':"-;;;-:":'4::7-:;:"'~' : : The regular meeting of the Council of the City of Virginia Beach, Virginia, was held in the Council Chambers of the Adminis- tration Building of the City of Virginia Beach on Monday, ,J1,ltJe. ~6, , 1973, at 2:00 P.M. On motion by Mr. Payne and seconded by Mr. Gardner the following resolution was unanimously adopted. RESOLUTION AMENDING THE CHARTER AGREEMENT OF THE SOUTHEASTERN VIRGINIA PLANNING DISTRICT ~ COMMISSION TO PROVIDE FOR ALTERNATES FOR MEMBERS WHO ARE ELECTED OFFICIALS WHEREAS, The Virginia Area Development Act authorizes Planning District Charter Agreements to provide for alternates for elected officials who are members of a planning district commission~ and WHEREAS, the Southeastern Virginia Planning District Commission has recommended that its Charter be amended to provide for alternates for members who are elected officials: and WHEREAS, the aforesaid Charter can be amended only upon the adoption of concurring resolutions by the governing bodies of two- thirds of the governmental subdivisions in the district~ NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Virginia Beach, Virginia~ 1. That it hereby concurs in amending the Charter Agreement of , the Southeastern' Virginia Planning District Commission by adding to Article II thereof, a new section numbered 7, such new section to read as follows: Section 7. Alternate Members. The governing body of a member governmental subdivision may appoint one of its members as an alter- nate member of the Commission to act in lieu of one of the elected officials from that jurisdiction who is a regular member of the commission. Such alternate member may substitute for such a regular member at a meeting of the commission or one of its committees but shall not succeed to any office of the commission or one of its committees held by the regular member so replaced. The alternate member shall advise the chairman of any meeting of his presence and shall specify the member for whom he is substituting. An alternate ,. "~,,,.-'-',~ ~. ~,,'--', .~"" ''','~' , ....-. '.." ',' -. .,",""-.......,,~~~ l member of the commission may be removed from office at any time with, . or without, cause by the appointing body. An alternate member who ceases to be a member of the appointing governing body shall ipso facto cease to be an alternate member of the commission. 2. The clerk shall forward a certified copy of this resolution to the Southeastern Virginia Planning District Commission. ITEM #6049 On motion by Councilman Malbon, seconded by Councilman Waterfield, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Mayor Robert B. Cromwell, Jr., Vice Mayor F. Reid Ervin, George R. Ferrell, Charles W. Gardner, Clarence A. Holland, D. Murray Malbon, J. Curtis Payne, Donald H. Rhodes, and Floyd E. Waterfield, Jr. ......1 Nays: None Absent: None City Council adopted the following Resolution relative to an agreement for cooperation in furnishing police services as authorized by the General Assembly of Virginia: '''''''1 II I , The regular meeting of the Council of the City of Virginia Beach, Virginia, was held in the Council Chambers of the Adminis- tration Building of the City of Virginia Beach on Monday, June 25, 1973, at 2:00 P.M. On motion by Mr. Malbon and seconded by Mr. Waterfield the following resolution was unanimously adopted. " RESOLUTION WHEREAS, pursuant to Section 15.1-131.3, Code of Virginia, 1950, as amended, agreements for cooperation in furnishing police services are authorized by the General Assembly of Virginia; and WHEREAS, the governing bodies of the cities of Virginia Beach, Norfolk, Chesapeake and Portsmouth desire to join in an agreement for cooperation in furnishing police services to their respective politi- cal subdivisions. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: '.....1 1. The Council of the City of Virginia Beach, Virginia, approves the purposes of this agreement to facilitate more effective police services to the above mentioned political subdivisions. 2. , . That Roger M. Scott, City Manager of the City of Virginia Beach, be and hereby is authorized and directed to sign and execute on behalf of the City of Virginia Beach the said agreement. 3. That Richard J. Webbon, City Clerk be and hereby is autho- rized and directed to witness the signature of said City Manager and to affix the official seal of the City of Virginia Beach on said agreement. ITEM #6050 On motion by Councilman Malbon, seconded by Councilman Holland, and - by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Mayor Robert B. Cromwell, Jr., Vice Mayor F. Reid Ervin, George R. Ferrell, Charles W. Gardner, Clarence A. Holland, D. Murray Malbon, J. Curtis Payne, Donald H. Rhodes, and Floyd E. Waterfield, Jr. Nays: None Absent: None City Council approved on first reading the following Ordinance to amen and reordain Sections 2-43.2 and 2-43.4 of the Code of the City.of Virginia Beach relating to powers and duties of the Personnel Board concerning suspension for more than five days: (' .> -",~,...",.. ,,~,,~.,..~ ";'~'~~" ~.. "';-"~~'''''''''''''{''''.O::--~',"1::''''''W;''' ..".+.....". ;...,,,.;' 'c,,;1;F-- ",.,. '." ..,,~.". ,r,~'r.'>!",,, ", ~i"""'"'' ,-.....~"''''''''~.;'\~ .",,:~ .,"", e_ ,", ',.,,,.~-,........,.~~,>')':~;', . \;'~;~:~''"7,.".r:,..",",,,,,:,,,,~,, ",."C' {', ""'~i.~"""l"~n...,.,v,.,. ,,'.'" II I. ..,' Requested by: City Manager AN ORDINANCE TO AMEND AND REORDAIN SECTIONS 2-43.2 and 2-43.4 OF THE CODE OF THE CITY OF VIRGINIA BEACH RELATING TO pm.JERS AND DUTIES OF THE PERSONNEL BOARD CONCERNING SUSPENSIO~ FOR MORE THAN FIVE DAYS BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Sections 2-43.2 and 2-43.4 of the Code of the City of Virginia Beach is hereby amended and reordained as follows: Section 2-43.2 Same - Powers and duties. The personnel board shall have the power and shall be required to hear appeals from any action pertaining to classification, reclassification and allocation of positions andftom any disciplinary action suspending for more than five working days, reducing in rank or ~ay or removing any officer or employee in the classified service, as provided in Section 2-43.4, and to report in writing its findings andrecomrnendations on such appeal to the city manager. Section 2-43.4 Classified service. .P"'I The classified service shall comprise all positions not specifically included by Section 2-43.3 in the unclassified service. All original appointments shall be for a proba- tionary period, the conditions of which shall be governed by the rules established by the city manager. Members of the classified service shall be subject to such disciplinary action including removal as may be ordered or approved by the officer having the power of appoint- ment to the position held by the person to be disciplined. Prior to the conclusion of the probationary period of any employee, his service may be terminated by such officer if in the opinion of such officer the employee does not possess the qualifications required by the position to which he was appointed. Upon the conclusion of the probationary period no member of the classified service shall be suspended for more than five working days, reduced in rank or payor removed, except after notice in writing of the grounds of the proposed disciplinary action and an opportunity to be heard thereon by the .personnel board. If within five working days following the service of such notice an employee shall in writing addressed to the secretary of the personnel board re- quest a hearing, the secretary shall fix a time and place for such hearing to be held not less than five working days nor more than ten working days after the receipt of such requests and notify the employee thereof. The findings of the personnel board either sustaining, reversing or modifying the disciplinary action appealed from shall be advisory to the city manager. An emergency exists and this ordinance shall be effective from date of passage. Adopted by the Council of the City of Virginia Beach, Virginia on the 25th da y 0 f June , 1973. lDB:er , ," ~, . "'J,,.....' ,.....l~' .'. " ~", ~.-.,;: ~ '!""r;.:;'",...':'., "'''''~',1'!''.<;~'''''~ ",:""""";' 11,1..' i ITEM #6051 City Council deferred for one (1) week the second reading of an Ordinance to amend Ordinance 425 pertaining to the regulation of family table top commercial recreation centers. ITEM #6052 "I'ill"1 On motion by Councilman Rhodes, seconded by Councilman Waterfield, and by re~orded vote as follows: Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Mayor Robert B. Cromwell, Jr., Vice Mayor F. Reid Ervin, George R. Ferrell, Charles W. Gardner, Clarence A. Holland, D. Murray Malbon, J. Curtis Payne, Donald H. Rhodes, and Floyd E. Waterfield, Jr. Nays: None Absent: None City Council approved the following applications for permits for Bingo Games and/or Raffles: a) FOP Commodore Lodge #3 b) St. Matthews Catholic Church c) Arrowhead Recreation Association ITEH #6053 ,"'"'I On motion by Councilman Gardner, seconded by Councilman Holland, and by recorded vote as follows: , I Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Mayor Robert B.. Cromwell, Jr., Vice Mayor F. Reid Ervin, George R. Ferrell, Charles W.. Gardner, Clarence A. Holland, D. Murray Malbon, J. Curtis Payne, Donald H. Rhodes, and Floyd E. Waterfield, Jr. Nays: None Absent: None City Council approved the request of Mr. V. A. Etheridge that two checks totaling $766.84, given as payment for rent for the Civic Center by Mr. David H. Austin, be charged off as uncollectible so that they will not be outstanding against the Treasurer's account at the time of audit. ITEM #6054 On motion by Councilman Baum, seconded by Councilman Rhodes, and by recorded vote as follows: ""'1 Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Mayor Robert B. Cromwell, Jr., Vice Mayor F. Reid Ervin, George R. Ferrell, Charles W. Gardner, Clarence A. Holland, D. Murray Malbon, J. Curtis Payne, Donald H. Rhodes, and Floyd E. Waterfield, Jr. Nays: None Absent: None City Council deferred consideration of the City's Revenue Sharing plans for the first six months of 1973 and for the fiscal year 1974 until a staff briefing at 11:00 a.m., Monday, July 2, 1973. f "<.." ......'...--,',.....:' .""/':": .~.-."'..~":'~':.?'..,,.."";.:. , 1,11__,: .... ITEM #6055 On motion by Councilman Ferrell, seconded by Councilman Gardner, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Hayor Robert B. Cromwell, Jr., Vice Mayor F. Reid Ervin, George R. Ferrell, Charles W. Gardner, Clarence A. Holland, D. Murray Malbon, J. Curtis Payne, Donald H: Rhodes, and Floyd E. Waterfield, Jr. Nays: None Absent: None City Council approved an appropriation of funds to the Pendleton Project totaling $538,897. as follows: GRANT NO. 7l-Al054E - OPERATIONAL AMOUNT Personnel ............. $207,550.00 Travel. . . . . . . . . . . . . 10,978.00 Equipment ... ......... 25,035.00 Construction. . . . . . . . .. 71,784.00 Other. . . .. .......... Z3,550.00 Total .... $338,897.00 GRANT NO. 7l-Al053E - CONSTRUCTION ,... Construction. . . . . . . . . . . . . . $ZaO,ooo.OO Grand Total. . . $538,897.00 Th,e City of Virginia Beach will be reimbursed in full for this proj ect by $470,992 in federal funds and $67,905 in state funds. The only loc:a money involved will be in-kind contributions which have previously been made. ITEM #6056 On motion by Councilman Gardner, seconded by Councilman Payne, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Mayor Robert B. Cromwell, Jr., Vice Mayor F. Reid Ervin, George R. Ferrell, Charles W. Gardner, Clarence A. Holland, D. Murray Malbon, J. Curtis Payne, Donald H. Rhodes, and Floyd E. Waterfield, Jr. Nays: None Absent: None City Council authorized the City Manager to enter into a contract with J. K. Parker, Inc. in the amount of $271,784 for construction of the proposed buildings for the Pendleton Project, as set forth in the previous item number (6055). , , . , . ~ .. ", r _. ______~,.-. _Ij I ; ITEM #6057 On motion by Councilman Rhodes, seconded by Councilman Gardner, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Mayor Robert B. Cromwell, Jr., Vice Mayor F. Reid Ervin, George R. Ferrell, Charles W. Gardner, Clarence A. Holland, D. Mprray Malbon, J. Curtis Payne, Donald H. Rhodes, and Floyd E. Waterfield, Jr. Nays: None Absent: None ~ City Council approved the following appropriations from the General Fund Surplus to the accounts in several departments and bureaus as listed which will exceed the amount appropriated for their operations: Municipal Council (Legal & Expert Services & Printing) City Clerk (Stationery & Office Supplies). . . . . . . . . City Manager (Travel & Automotive Equipment Repairs) ... Real Estate Appraiser (Appraisers, $4,200; Data, Processing, $6,700). . . . . . . . . . . . .. ..... 10,900 Juvenile Detention (Board & Care). . . . . . . . . . . . . 800 Preventive Medicine (Clearing Lots). . . . . . . . . . . . 1,100 Volunteer Fire Departments (Liability Insurance) . . . . . . . 4,000 Forestry (Fire Contract) . . . . . . . . . . . . . . . . . 400 . .$ 1,500 1,500 1,500 Total Appropriations. .' . .$21,700 ITEM #6058 t.. On motion by Councilman Rhodes, seconded by Councilman Holland, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Mayor Robert B. Cromwell, Jr., Vice Mayor F. Reid Ervin, George R. Ferrell, Charles W. Gardner, Clarence A. Holland, D. Murray Malbon, J. Curtis Payne, Donald H. Rhodes, and Floyd E. Waterfield, Jr. Nays: None Absent: None City Council approved transfers within the General Services Budget Funds as follows: from salaries $12,500 to #209 (electric service) $7,500. and #309 (fuel) $5 000.; from #834 (machinery) to #221 (water servtcei $1,500.; and from #856 (air c9nditioners, etc.) to #221 (sewer serVIce) $3,000.' ITEM #6059 On motion by Councilman Gardner, seconded by Councilman Callis, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Mayor Robert B. Cromwell, Jr., Vice Mayor F. Reid Ervin, George R. Ferrell, Charles W. Gardner, Clarence A. Holland, ~. Murray Malbon, J. Curtis Payne, Donald H. Rhodes, and Floyd E. WaterfIeld, Jr. Nays: None Absent: None City Council approved a transfer in the amount of $25,000 from the Reserve for Contingencies to the following categories in the budget of the Virginia Beach Erosion Commission: Salaries. . . . . . . . . . . $11,000 Dredge Materials & Supplies. 12,000 Replacement Parts. ... 2,000 Total . . $25,000 ,.. ,,.. ~'-." ,-<f;. '", ....,.. ~ ""...."..,., <;~;-"",,",,.--' '.'-~~-"~~-:"-'''>- ITEM #6060 On motion by Councilman Waterfield, seconded by Councilman Payne, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Mayor Robert B. Cromwell, Jr., Vice Mayor F. Reid Ervin, George R. Ferrell, Charles W. Gardner, Clarence A. Holland, D. Murray Malbon, J. Curtis Payne, Donald H. Rhodes, and Floyd E. Waterfield, Jr. ~ Nays: None Absent: None Chief E. B. Bayne had advised the City Manager that he has received all the titles for fire equipment assigned to the various volunteer fire departments. As the City has been working for some time to arrange for these transfers of titles with the understanding that the City would charge off any balances owed by the volunteer fire departments when the titles were surrendered to the City; City Council, subject to final receipt of these titles, approved the charge-off of the following loans: ,..... Volunteer Fire Department Blackwater. . . .. . $ Chesapeake Beach. . . Courthous e. . Creeds. . . .. ... Davis Corner. . . . Kempsville... . . . . . . London Bridge . ... Oceana. .. ... Ocean Park. ... Plaza . . . . . . . . Seatack . . . . . Th.al ia. .' Amount Total Loans. 3,635.09 22,900.00 28,940.00 20,900.00 45,768.00 61,587.84 9,485.54 28,016.73 47,100.00 48,277.70 22,425.00 64,118.96 . $403,154.86 ITEM #6061 Councilman Ferrell stated that he had received a call from a citizen complaining about the fifty or sixty motorcyclists who go down Atwood Town Road back through Lagomar, which is private property. The .City Manager indicated that he would look into this matter. ITEM #6062 Vice Mayor Ervin requested a report, pending the final decisions of the engineers, on the final water rates established by HDR. ITEM #6063 Vice Mayor Ervin requested a recommendation from the Administrative Staff and the City Attorney as to whether or not City Council should consider appointing a committee to study the City Charter to see if it should be changed in any way. II I ITEM #6064 Vice Mayor Ervin requested a report as to where the City stands in relation to future availability of sewage disposal. t.Ir. Fl eming, Director of Community Services, indicated that he and his staff would be meeting with Col. Love of HRSDC on Tuesday after- noon regarding this matter and would thereafter be able to give Council a more detailed report, perhaps at the next Council Meeting. ITEM #6065 Judge Vakos has resigned from the Building Committee as a result of the new Cannon of Official Ethics, which prohibits judges from serving on municipal committees. ITEM #6066 On motion by Councilman Payne, seconded by Councilman Holland, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Mayor Robert B. Cromwell, Jr., Vice Mayor F. Reid Ervin, George R. Ferrell, Charles W. Gardner, Clarence A. Holland, D. Murray Malbon, J. Curtis Payne, Donald H. Rhodes, and Floyd E. Waterfield, Jr. Nays: None Absent: None City Council noted its intention to hold a closed meeting on Monday, July 2, 1973, for the purpose of discussing items permitted for discussion under Section 2.1-344, sub-paragraph 1 and 6 of the Freedom of Information Act of the Commonwealth of Virginia. \ ITEM #6067 by' Councilman Rhodes, seconded by Councilman Payne, and by vote, the meeting adjourned. C~Y Clerk ~:ef~~~r City of Virginia Beach, Virginia June 25, 1973 ."""