MAY 1, 1978
MIlqUTES OF THE HONORABLE CITY COU14CIL
OF TliE
CITY OF VIRGINIA BEACH, VIRGINIA
May 1, 1978
The regular meeting of the Council of the City of Virginia Beach,
Virginia, was called to order by Mayor Clarence A. Holland, in the
Conference Room, in the Administration Building, Princess Anne
Borough, on Monday, May 1, 19'78, at 1:00 p.m.
Council Members present: John A. Baum, George R. Ferrell, John R.
Griffin, Mayor Clarence A. Ilolland, J. Ilenry McCoy, Jr., Council-
woman Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, Vice
Mayor Patrick L. Standing, and Floyd E. Waterfield, Jr.
Council Member absent: Robert B. Cromwell, Jr.*
ITEM @-12063
Mayor Ilolland entertained a motion to permit Council to conduct an
informal session to be followed by an executive session for the pur-
pose of discussing the following:
1. Consultation with legal counsel and briefing
by staff members, consultants, or attorneys per-
taining to actual or potential litigation, or other
legal matters within tbe jurisdiction of the public
body.
On motion by Councilman Waterfield, 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 NleCoy, Jr., Councilwoman Meyera
E. Oberndorf, J. Curtis Payne, Roger L. Riggs, Vice Mayor Patrick L.
Standing, and Floyd E. Waterfield, Jr.
Nays: None
Absent: Councilman Robert B. Croniwell, Jr.
City Council voted to proceed into the executive session following
the informal meeting:
ITEM #12066
COUNCILMAN CROMWELL ENTERED MEETING AT 1:07 P.11,
Councilwoman Oberndorf stated that she has noticed several political
signs in the right-of-way, which are in direct violation to the Sign
Ordinance.
Mayor Holland stated that signs which are obstructing the right-of-
way are to be removed immediately, and the City i),Ianager has been
notified to that effect.
The City llanager stated that he has instructed his employees to re-
move the signs which are in the public right-of-way immediately.
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ITEM #12067
Councilman Riggs drew the attention of the City Council to the problems
of sand erosion resulting from the recent hurricane, and its effect,
specifically, in the Sandbridge area. He requested that a study be
made to determine what assistance could be given in the replacement of
sand and the protection of the dunes.
The City llanager noted that in previous years, even though Sandbridge
Beach pays one additional cent in tax rate to provide sand replenishment,
that little could be done as the beaeb front is recorded as private pro-
perty to the low water line and is therefore not available for public
use, whereas the ocean front in the Beach Borough from Rudee Inlet to
48th Street is owned by the City of Virginia Beach and is therefore
public property.
The City Manager is to provide a report which will endeavor to find
some means to provide funds for sand replenishment to prevent loss of
assessable value and the protection of the public health and welfare.
The exposure of septic tanks and lines could possibly endanger the
public health. The replenishment of sand might be made through some
trucking of materials from a nearby area as was done after the 1962-
1963 storm.
The City Manager agreed to investigate the availability of funding
and report to City Council.
ITEM #12068
The City Manager stated that at last weeks Council meeting there was
a discussion regarding excess property on North Plaza Trail. The
City Manager appologized for not having all of the financial inforlpation
asked of him, and thanked Council for deferring this matter until today.
Tlie City Manager stated that he has determined from the price of the
$2,500 that S & C Company had agreed to purchase the ri.-ht-of-way, they
paid approximately 18cts per square foot.
Mr. James Hobson, Real Estate Agent, appeared before Council and
explained that this was part of an original parcel purchased in 1975,
and 75/@@ of the original parcel will be used by the City to widen
North Plaza Trail.
ITEM #12069
The City @lanager indicated that Robert J. Scott, Planning Director,
would be making a presentation regarding rear yard setbacks on major
roads in the City of Virginia Beach.
Mr. Scott stated that the 50-foot distance between the R-1 and R-3
districts is not deep enough, however, by making the distance 70-feet.
as proposed, will make the rear yard setback deeper, and further reducing
the front yard setbacic by 20-feet will prove no hardship to the developer.
Ilowever, once you get into the R-4 district the front yard setbaci@ is
30-feet. To reduce that would be going to a situation that would be
unacceptable as it would be putting the houses to close to the street,
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ITEM #12070
The City Manager stated that recently the City had received written notice
from the State that the Federal Government had approved the total request
of $992,000 for both purchase and development of @lunden Point Park.
This matter will be brought before Council for a formal vote.
*It is noted that Councilman Griffin abstained from all discussion of
the @lunden Point Park in the informal meeting, and will abstain from
discussion and voting in the formal session.
ITEI@l #12071
The City Manager stated that signs are going to be put up throughout
the City, written in French, to welcome all Canadians and other
French speaking persons to Virginia Beach, Virginia.
ITEM #12072
At 2:00 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. Ilenry @iccoy, 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 Reverend George Sinins, Cavalry Baptist
Church, followed by the Pledge of Allegiance.
ITEM #12073
Mayor Holland presented Mrs. Mary Ellen Cox a Proclamation regarding
the l@lonth of May being "Older American Alonth."
ITEM #12074
Mr. Harry Pincus appeared before Council to inform them that the
Virginia Beach Volley Ball Team has been invited by the American
Athletic Union to participate with the National Volley Ball Champions
of American, on May 12 through 14.
The cost of the trip will be approximately $3,200, and the team will
be able to raise 75/r@, however, @ir. Pincus requested the City of Virginia
Beach to fund the remaining 25i'@ so the team will be able to participate
in the championship.
ITENI #12075
On motion by Councilman Ferrell, 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. 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
April 24, 1978, and dispensed with the reading of said minutes inas-
much as each Council I,,Iember had a copy.
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ITEM #12076
On motion by Councilman Ferrell, seconded by Co,n,ilman AleCoy, and
by recorded vote as follows:
Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., George R.
Ferrell, John R. Griffin, Mayor Clarence A. Holland, J. Henry McCoy,
Jr., Councilwoman Meyera E. Oberndorf, J. Curtis Payne, Roger L.
Riggs, Vice Mayor Patrick L. Standing, and Floyd E. Waterfield, Jr.
Nays: None
Absent: None
CitY Council voted to approve on second reading the following ordinance
to appropriate from the General Fund $11,450 to pay turnover costs Of
the Treasurer's Office at December 31, 1977:
AN ORDINANCE TO APPROPRIATE FROM THE GENERAL
FUND $11,450 TO PAY TURNOVER AUDIT COSTS OF
TREASURERS OFFICE AT DECEMBER 31, 1977.
WHEREAS, in 1977 the citizens of Vi,ginia Beach le,t,d n,,
Treasurer to take office on January 1, 1978 and,
WHEREAS, it was necessary to hav, an audit of the books, papers
and tax tickets in the possession of the outgoing Treasurer, V. A.
Etheridge, prior to receipt by his successor, Johl Atkinson, and
WHEREAS, the audit has been perforrned by A. Lee Rawlings & Co.
and this cost was not budgeted in the FY 1978 Operating Budget of
the city,
NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH that $11,450 be appr.priated from the G,,eral Fund
Balance for the purpose of paying the firm of A. Lee Rawlings & C,,.
for performing the turnover audit of the Treasurer effective
December 31, 1977.
Adopted by the Council of the City of Virginia Beach, Virginia,
on tlie 1st day of ay 1978.
First Reading:
Second Reading: 5/'l 178
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ITEM #12077
On motion by Councilman Ferrell, seconded by Councilman McCoy, and
by recorded vote as follows:
Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., George R.
Ferrell, John R. Griffin, Mayor Clarence A. 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 following applications for Certificates
of Public Convenience and Necessity:
Currently
Authorized sted Increase
Bayside Taxi Company 10 13 3
Beach Taxi Company 7 7 0
Coastal Taxi Company 4 5 1
Diamond Taxi Company 12 14 2
Yellow Cab Company 3 5 2
36 44 8
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ITEM #12078
On motion by Councilman Ferrell, seconded by Councilman McCoy, and
by recorded vote as follows:
Ayes: Councilmen John A. Baum ' Robert B. Cromlvell, 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 @layor Patrick L. Standing, and Floyd E. Waterfield, Jr.
Nays: None
Absent: None
City Council voted to approve the raffle perrpit for the Garden Club
of Chesopeian Trail.
ITEAI #12079
Mr. Owen B. Pickett, Attorney, appeared regarding this matter.
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, Alayor 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 defer for two weeks the following ordinance
for the discontinuance, closure and abandonment of a portion o1/2, 1/78
Holly Avenue (now Cape Henry Drive):
7 -
ORDINANCE NO.
AN ORDINANCE CLOSING, VACATING AND
DISCONTINUING A TWENTY-FIVE (25') FOOT STREET
OR AVENUE LOCATED IN LYNNHAVEN BOROUGH IN THE
CITY OF VIRGINIA BEACH, VIRGINIA
WHEREAS, proper notice that ROGER H. SAWYER and FIELEN S. SAWYER,
would make application to the City Council of the City of Virginia Beach,
Virginia, to have the hereinafter described undeveloped twenty-five (25') foot
street or avenue closed, vacated and discontinued was duly posted; and
WHEREAS, all the owners abutting said street or boulevard have
requested the said street or avenue to be closed; and
WHEREAS, application was made t,o the City Planning Commission and
to the City Council, and, pursuant to the statues in such cases made and
provided, the Council appointed Viewers who have reported to the Council that
no inconvenience to the public or to private individuals would result from
such closing, vacating and discontinuance; and
NOW, THEREFORE, be it ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
Section 1: That the said twenty-five (25') foot strip of the below
described street or avenue, located in the Lynnhaveil Borough of the City of
Virginia Beach, Virginia, is hereby closed, vacated and discontinued, said
street or avenue not being needed for public use:
SPAIN AND LYLE
ORNEYS AT LAW
NIA BEACH, VA. 23452@@
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A portion of that certain undeveloped street or avenue, situate
in the Lynnhaven Borough of the City of Virginia Beach, Virginia,
25 feet in width beginning at a point which is the southwest
corner of Lot 15, Block K, on that certain plat designated "Lynn-
haven Beach, Amended Map of Property of Lynnhaven Beach and Park
Co., Princess Anne Co., Va. 1913", which niap is duly recorded in
the Clerk's Office of the Circuit Court of the City of Virginia
Beach, Virginia, in Map Book 5, Part 1, at page 71, and from said
point of beginning running North 80@ 08' E. a distance of 300.94
feet to a point in the western line of Urchin Road, thence turning
and running South 5@ 45' E. a distance of 25.06 feet to a point
thence turning and running South 80' 08' W. a distance of 300.94
feet in the eastern line of Star Fish Road, thence turning and
running along the eastern boundary of Star Fish Road North 5' 45'
W. a distance of 25.06 feet to the point of beginning. Said
portion of Holly Avenue to be closed is a strip 25.06 feet in
width adjacent to the south boundary lines of Lots 15 and 16,
Block K, as designated on the above described plat.
DEFERRED FOR TWO WEEKS ON May 1, 1978.
Section 2: That thirty (30) days after this date, a copy of
lithis Ordinance, certified by the Clerk, be spread upon the public records in
the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia
l@and indexed in a like nianner as a deed of lands.
This ORDINANCE NO. enacted and approved this
day of 1978.
SPAIN AND LYLE
EYS AT LAW
INIA BEACH, VA. 23452
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ITEM #12080
Petition of Beach Northampton Vacation, Incorporated for a Chanqe of Zoning
District Classification from H-1 Hotel District to B-4 Resori-Commercial
District on certain Froperty located on the South side of Northampton
Boulevard beginning at a point 600 feet more or less East of Baker Road,
running a distance of 231 feet along the South side of Northampton
Boulevard, running a distance of 558 feet along the Eastern property line,
running a distance of 447.71 feet in a Southwesterly direction, running
around a curve in a Northerly direction a distance of 400.26 feet, running
a distance of 54.21 feet in a Northeasterly direction, running a distance
of 97.34 feet in a Northvi(-,sterly direction and running a distance of 85.34
feet in a Northerly direction. Said parcel contains 4.339 acres. BAYSIDE
BOROUGH.
Planning Commission Recommendation:
A motion was passed unanimously by the Planning Commission by a recorded
vote of 11 to deny this request. It was felt that the zoning requested is
inappropriate for this site as the B-4 District specializes in resort and
tourist related activities. .
On motion by Councilman Cromwell, seconded by Councilman Ferrell, and
by recorded vote as follows:
Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., Ceorge 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 deny the above petition of Beach Northamuton
Vacation, Incorporated, for a Change of Zoning District Classification
from H-1 Hotel District to B-2 Resort-Commercial District on certain
property located on the South side of Northampton Boulevard beginning
at a point 600 feet more or less East of Baker Road, running a distance
of @"31 feet along the South side of Northampton Boulevard, running a dis-
tance of 558 feet along the Eastern property line, running a distance of
447.71 feet in a Southwesterly direction, running around a curve in a
Northerly direction a distance of 400.26 feet, running a distance of
54.21 feet in a Northeasterly direction, running a distance of 97.34
feet in a Northwesterly direction and running a distance of 85.34 feet
in a Northerly direction. Said parcel contains 4.339 acres. Bayside
Borough.
This petition was denied as it was felt that the zoning requested is
inappropriate for this site as the B-4 District specializes in resort
and tourist related activities.
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ITEM #12081
On motion by Councilman Griffin, seconded by Councilman @IcCoy, and
by recorded vote as follows:
Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., George R.
Ferrell, John R. Griffin, idayor Clarence A. Holland, J. ',ienry McCoy,
Jr., Councilwoman Meyera E. Oberndorf, J. Curtis Payne, Roger L.
r,iggs, vice mayor Patrick L. Standing, and Floyd E, Waterfield, Jr.
Nays: 'ione
Absent: None
city Council voted to approve the following ordinance to amend and
reordain Section 2-121 of the Code of the City of Virginia Beach,
Virginia, relating to Banks and Savings and Loan Associations in
which Deposits are AutEor-ize@.
AN ORDINANCE TO AMEND AND REORDAIN
SECTION 2-121 OF THE CODE OF THE
CITY OF VIRGINIA BEACH, VIRGINIA,
RELATING TO BANKS AND SAVINGS AND
LOAN ASSOCIATIONS IN WHICH DEPOSITS
ARE AUTHORIZED.
WHEREAS, John T. Atkinson, Treasurer of the City of Virginia Beach,
Virginia, has requested that certain institutions be approved as depositories
for city funds; and,
WHEREAS, the City Treasurer certifies that the below-listed institutions
have offices in Virginia Beach, Virginia, and qualify for deposits under the general
law of the Commonwealth of Virginia.
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That Section 2-121 of the Code of the City of Virginia Beach, Virginia,
be amended and reordained to read as follows:
The city treasurer is authorized to deposit or cause to be deposited
all funds of the city in any of the following listed banks or savinas and loan
associations:
(1) BANK OF VIRGINIA
BANK OF VIRGINIA - EASTERN
FIRST AND MERCHANTS NATIONAL BANK OF TIDEWATER
FIRST AND MERCHANTS NATIONAL BANK
FIRST NATIONAL BANK OF TIDEWATER
FIRST VIRGINIA BANK OF TIDEWATER
FIDELITY AMERICAN BANK OF VIRGINIA BEACH
SOUTHERN BANI( AND TRUST COMPANY
UNITED VIRGINIA BANK/STATE PLANTERS
UNITED VIRGINIA BANK/SEABOARD NATIONAL
VIRGINIA NATIONAL BANK
BANK OF VIRGINIA BEACH
VIRGINIA BEACH BANK OF COMMERCE
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(2) FIRST AMERICAN SAVINGS AND LOAN ASSOCIATION
VIRGINIA BEACH FEDERAL SAVINGS AND LOAN ASSOCIATION
LIFE FEDERAL SAVINGS AND LOAN ASSOCIATION
MUTUAL FEDERAL SAVINGS AND LOAN ASSOCIATION
ATLANTIC PERMANENT SAVINGS AND LOAN ASSOCIATION
SEABOARD SAVINGS AND LOAN ASSOCIATION
CHESAPEAKE SAVINGS AND LOAN ASSOCIATION
HOME FEDERAL SAVINGS AND LOAN ASSOCIATION
FIRST FEDERAL SAVINGS AND LOAN ASSOCIATION
VIRGINIA FEDERAL SAVINGS AND LOAN ASSOCIATION
This ordinance shall be effective on the date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
1st day of May 1978.
JDB/kg/cj
4/20/78
4/21/78
,W?ROVED AS TO CONTENTS
F-RM
E
RNEY
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5/i/78
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ITEM #12082
Mr. Bruce Murphy appeared before Council regarding Rose Hall. Mr.
Murphy stated he was appearing to request an appeal from a decision
of the City Manager in connection with the payment of a claim for a
real estate cormiission for the leasing of Rose Hall to Mr. Robert
Porter.
Mr. Murphy stated that back in June of 1976, Mr. Bill Murphy inquired
about the possibility of leasing out Rose Hall, as he had a client
who was interested in the property, Mr. Robert Porter.
The property was leased to Mr. Porter, and Mr. Bill Murphy feels he
should receive a conimission on the lease as he introduced Mr. Porter
to the City for the purpose of leasing the property.
The City Manager stated the City has no policy for coramissions on
leases. Furthermore, there was no agreement signed by either party,
which even on a sale of property in Virginia Beach unless there is
an agreement in that the realtor registers his client with the City
there would be no commission.
Mr. A. James DeBellis, Director of Economic Development, appeared
before Council regarding this matter. '4r. DeDellis read to Council
the City's policy regarding a commission on real estate in the City.
After considerable discussion, Councilman Cromwell made a motion,
seconded by Councilman Baum, to refer the matter to the City Attorney
for investigation, with a recommendation being brought back to Council.
The recorded vote is as follows:
Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., George R.
Ferrell, John R. Griffin, Mayor Clarence A. Ilolland, J. Henry ?,IcCoy,
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 refer the above matter to the City Attorney
for investigation, with a recommendation being brought back to
Council.
ITEM #12083
On motion by Councilman Ferrell, seconded by Councilman Griffin, and
by unanimous vote, the meeting adjourned.
L I /c.
Richard J. WA@bon, City Clerk @layor Clarence A.'H,
y
City of Virginia Beach,
Virginia
May 1, 1978
h
5/@/78