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APRIL 24, 1978 CITY OF VIRGISIA BEACI MUNICIPAL CENTER -E..Ysst 'R.A.@t C'ity- VIRGINIA E3EACH, VIRGINIA 23456 MAYOR CLARENCE A. HOLLAND, M.D., B@y.id@ B.,..gb J. HENRY M,COY, J,, D.D.S., K-p,,ill@ B .... gh VICE MAYOR PATRICK L. STANDING, A, L.,g@ MEYERA E. OBERNDORF, A, L.,g@ JOHN A. BAUM, B@,..gh J. CIIRTIS PAYNE, P,i@,@,, A..@ B.,@.gb ROBERT B. CROMWELL, J,, A, L.,g@ ROGER L. RIGGS, Vigi@i. B@.,b B.-.gb GEORGE R. FERRELL, A, L.,@ FLOYD E. WATERFIELD, I,., P.@g. 8 ... @gh JOHN R. GRIFFIN, Ly@@b.,,,@ B.,@.gb A G E N D A RICHARD 1. WEBBON, Cily Cl@,k The City Council of @ City of Virginia Beach, Virginia, will ass@le in the Administration Building, Princess Anne Borough, Virginia Beach, Virginia, in R@ar Session, at 1:00 p.m., on ibnday, April 24, 1978 for the purpose of conducting public business and will hear and act upon the following itcm: 1. Call to order by the Honorable Clarence A. Holland, Mayor, in the Council Conference Roorn. 2. RD11 Call of the Council. 3. Motion to recess into Informl Discussion and Executive Session. Upon conclusion of Executive Session, City Council will reoonvene in the City Council rs. 4. Tnvocation will be given at 2:00 p.m., by the Reverend Williarn E. Austin, Virginia Beach Christian Church, Virginia Beach, Virginia. Please remin statiding for the Pledge of Allegiance. 5. RD11 Call of the Council. 6. Minutes of the Regular Meeting of April 17, 1978 to be presented for approval and acceptance. 7. All ratters listed under the consent agenda are considered to be routine by the City Cc)uncil and will be enacted by one mtlon in the foitn listed. There will be no separate discussion of these itenis. If discussion is desired, that itern will be remved frorft the consent agenda and considered separately. a. City Council is requested to approve on second reading an ordinance to appropiate funds in the amunt of $40,500 from unappropriated surplus to the Boardwalk Trains Division for the repla@t of the boardwalk trains; and that, funds in the anx)unt of $46,528 sl-iown in the 1979 budget as a transfer from the General Fund be trans- fered to Reserve for Contingencies; and that, appropriations in the amunt of $50,000 be reduoed from the Boardwalk trains operating ubdget by FY 1979. b. City Council is requested to approve on second reading an ordinance to @d and reordain Sections 33-8 and 33-9 of the Cc)de of the City of Virginia Beach, relating to property taxes. c. City Council is requested to approve on second reading an ordinance to and reordain Section 33-3 of the Code of the City of Virginia Beach relating to real estate taxes. d. Letter froin the City @bmger r ing tl-iat City Council approve an ordinance declaring certain property on Nortki Plaza Tr@l excess and authorizing the convey- ance of such property. e. Letter from the City Manager re 'ng that City Cc)uncil apPrOve an Ordinance to authorize a t@rary encrc>a t into a Portion of the right-of-way of Black- water Road as requested by Mr. W. Arthur Gilbert for the se of a septic tank f. Letter from the City @ger re ding that City Council approve the low bid of Shirley Construction Corporation, in the amunt of $519,700 for the constructio@i of Fire Station #2 (Perrbroke) and further, authorize the City Manager to enter into the necessary agreenmts to hpl@t the construction of this rmch needed facility. Funds are available. g. Letter frcxn the City Manager r@. nding that City Council appoint viewers in the application of @ual Tabernacle Church for a petition for the closure of a por- tion of Bassett Avenue (Lynnhaven Borough). Ii. Loetter from the City Manager rec ing that City Council appc)int viewers in the application of Fine & Salzberg for a petition for the closure of a portion of Vine Street (Lynnhaven Borough). i. Letter from the City Manager r@. ding that City Council defer for six (6) weeks the application of Charles E. Lee, John F. Lee, Michael N. Chesson and Kay H. Chesson, for a petition for the closure of a portion of Hilview Boulevard (Kenipsville Borough). j. Letter from the City Manager re ing that City Council approve tlie request of .@. Ivan D. Mapp, ssioner of the Revenue, for license refunds in the atnount of $4,114.55. k. Letter fr(xn the City Manager re ing that City Council approve the request of Mr. John T. Atkinson, City Treasurer, for tax refunds in the amunt of $460.28. 1. Letter from the City Manager r@, ding that City Council approve the following Bingo/Raffle pe @ ts: Plaza Little League Board of Directors (Renewal) Raffle Virginia Beach Arts Center Raffle 8. Letter from the City Manager transndtting the rec@dation of the Planning Comission for denial of the application of The First Colonial Civic Loeague, Inc., for a petition for the closure of a portion of Lindsley Drive (Lynnhaven Borough). 9. Letter from the City l@ger transmitting the reco @dation of the Plaming C@ssion for approval of the application of Arthur J. N@n, Jr. and Yiargaret H. Newton for a petition for the closure of a portion of Ash Avenue (I<enipsville Borough). (Deferred from April 17, 1978) 10. Letter from the City Manager re @ ding that City Council approve an ordinance to appropriate f= the General Furid $11,450 to pay tumover audit costs of Treasurer's Office at Decenber 31, 1977. (First Reading) 11. Letter from the City 1,@ger r ing that City Oc)uncil approve an ordinance to @d and reordain Section 5-43 of the Code of the City of Virginia Beach, relating to dogs on and adjacent to the beach from Rudee Tnlet to 42nd Street. 12. Old business, deferred from the us m in in an port th Ma previo eting, clud g y re of e yor or *ttees n@ by Council. cor,m 13. New Business, including any presentations by council T@rs, Citizens and organziations- a. The North Bay Citizens for Conservation, represented by Mr. Jams @rrison, chai@, wish tc) present a petition opposing the feed lot located at 3568 @y Creek Rc)ad, together with an oral request relating to the subject. b. The Fraternal Order of Police, Princess Ame Lodge Nn. 8, represented by Mr. Douglas W. Aydlette, President, wishes to discuss nutters regarding Police Persomel. MINUTES OF THE HONORABLE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA April 24, 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, April 24, 1978, 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, Vice Mayor Patrick L. Standing, and Floyd E. Waterfield, Jr. Council Members absent: J. Henry McCoy, Jr.* ITEM #12036 Mayor Holland entertained a motion to permit Council to conduct an informal session to be followed by an executive session for the purpose of discussing the following: 1. Discussion or consideration of employment, assignment, appointment, promotion, demotion, salaries, discipline or resignation of public officers, appointees or employees of any public body. 2. Discussion or consideration of the condition, acquisition or use of real property for public purpose, or other 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 Waterfield, 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, Councilwoman Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, Vice Mayor Patrick L. Standing, and Floyd E. Waterfield, Jr. Nays: None Absent: Councilman J. Henry McCoy, Jr. City Council voted to proceed into the executive session following the informal meeting. ITEM #12037 COUNCILMAN MCCOY ENTERED MEETING AT 1:12 p.m. Councilman Riggs requested the City Manager to supply each Council Member with a list of the benefits offered to senior citizens. ITEM #12038 The City Manager introduced Mr. Willis, president of the Virginia Beach Chamber of Commerce, appeared before Council and stated that the report on the Horse show should be completed by the middle of May. The Neptune Festival Committee returned to Council a check for $20,000, and expressed their gratitude to be City for loaning the Neptune Festival the seed money. 4 / 2 4 / 7 8 - 2 - ITEM #12039 Councilman Griffin informed Council that on October 3, 1977, the Virginia Beach City Council agreed to the establishment of a Mayor's Committee on the Use of Volunteers. The Committee had as its charge to determine if volunteers could be more effectively used within city agencies. Initially, the Committee sought to respond to two major questions: 1. What has the experience been with municipal services volunteer programs in other cities? 2. What are the needs and attitudes relative to municipal services volunteers among City of Virginia Beach department heads and supervisors? In an attempt to obtain answers to these questions, information relative to local government volunteer programs was secured from five Volunteer Information Agencies, eight local governments, and two states. A survey was also conducted of Virginia Beach department beads for their reactions to the utilization of volunteers. The aim of the Virginia Beach City Volunteer Program is to expand and enhance existing city services through utilization of volunteers in services delivery. Implicit in this statement of purpose is the intent to use volunteers to supplement and complement rather than replace city staff. Heads of departments will insure that such is the case and assure departmental staff that volunteers pose no threat to their job security. Failure to promote this assurance could result in lowered staff morale and friction between staff and volunteers. Staff orientation sessions on the status and utilization of volunteers should be undertaken to avoid this situation. The basis of the VBCVP should be the Department-Volunteer Council. Membership would include two individuals from each city agency using volunteers who would serve on the Council - the departmental volunteer coordinator and a volunteer who would represent all volunteers in the department. Those departments not currently using volunteers would be represented by the department head. Initially, the departmental membership would be as follows: 1. Two representatives from using departments (12) a. @lental Health b. Social Services C. Health d. Parks and Recreation e. Agriculture f. Public Libraries 2. One representative from non-using departments (9) g. Planning h. Finance i. Data Processing j. Economic Development k. General Services 1. Personnel M. Permits and Inspections n. Public Works 0. Public Utilities A representative from the Human Resources section of the City Manager's Office would serve as the coordinator of the Council. This individual would be assisted by a volunteer appointed by the Mayor. Thus, 23 people would be eligible for membersbip on the Committee. The Council-Volunteer is to be appointed by the Mayor, and this individual will serve as the liaison between City Council and the City's volunteer program. This person will strive to keep informed about non-city volunteer programs, and relay such information to the Council meeting whenever the Coordinator is unable to do so. Two major committees are needed: a Technical Committee, composed of those employed by the City; and an Advisory Committee, composed of those volunteer 4 / 2 47 8 - 3- representatives. Each committee will serve as a vehicle for the development of individual and group policies. The members of the Mayor's Committee on the Use of Volunteers are as follows: Mr. John R. Griffin, Councilman Mr. R. Bradshaw Pulley, United Community Fund Mrs. Mary Russo, Volunteer Mrs. Dorothy Wood, Volunteer Mrs. Phyllis Hitchler, Director, Personnel Department Mr. Edwin S. Clay, III, Assistant to the City Manager for Public Information and Human Resources. ITEM #12040 The City Manager stated that on May 20, 1974, six parcels of property on Holland Road were rezoned from R-5 to 0-1, subject to the dedication of right-of-way. It was a varying dedication of 30 to 35 feet. However, the development of the pro- perty was not until after the road improvements. Based upon the condition of the land, and the existing location, the application would be rezoned from R-5 to 0-1 if it were brought before Council today. Consequently, it would not be proper at this time to try to either collect the money back from the developer or to try to coerce the property owner to pay the money back. The City Manager requested that the minutes of May 20, 1974 be changed to reflect that,that particular condition of the six parcels would not be part of the rezoning application. ITEM #12041 The City Manager stated that the City Attorney has placed before each Council Member two ordinances. One is an ordinance on the boardwalk, which was unable to be placed in the agenda, and the other is an ordinance regarding tlie date of June I that the personal property taxes are due, and also increasing the penalty 10%. However, at the bottom of the ordinance, when it was adopted stated it did not go into effect until July 1. It should have stated "effective immediately upon adoption." ITEM #12042 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, 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. Council ,4ember absent: John R. Griffin* The invocation was given by the Reverend William E. Austin, Virginia Beach Christian Church, followed by the Pledge of Allegiance. ITEM #12043 Mayor Ilolland presented a Certificate of Appreciation to Mrs. Mar@.aret Keister for her work on the Mayor's Committee on the Handicapped. !COUNCILMAN GRIFFIN ENTERED MEETING AT 2:07 p.m. 4 / 2 4 / 7 8 - 4 - ITEM #12044 on motion by Councilman Ferrell, seconded by Vice 14ayor Standing, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., George R. Ferrell, John R. Griffin, Mayor Clarence A. Holland, J. Henry McCoy, Jr., Councilwoman Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, Vice Mayor Patrick L. Standing, and Floyd E. Waterfield, Jr. Nays: None Absent: None City Council voted to approve the minutes of the regular meeting of April 17, 1978, and dispensed with the reading of said minutes inasmuch as each Council Member had a copy of the subject minutes. ITEM #12045 On motion by Councilman McCoy, seconded by Vice Mayor Standing, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., George R. Ferrell, John R. Griffin, Mayor Clarence A. Holland, J. Henry McCoy, Jr., Councilwoman Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, Vice @tayor Patrick L. Standing, and Floyd E. Waterfield, Jr. Nays: None Absent: None City Council voted to approve the following consent agenda items 7A through 7L, with the exception of item 7D which will be voted on separately. ITEM #12046 On motion by Councilman McCoy, seconded by Vice Mayor Standing, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., George R. Ferrell, John R. Griffin, Mayor Clarence A. Holland, J. Henry McCoy, Jr., Councilwoman Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, Vice Mayor Patrick L. Standing, and Floyd E. Waterfield, Jr. Nays: None Absent: None City Council voted to approve on second reading the following ordinance to appropriate funds for the replacement of the Boardwalk Trains: 4 2 4 / 7 8 GGD:JDB:er 4 4 / 7 8 - 6 - ITEM #12047 On motion by Councilman Ferrell, seconded by Vice Mayor Standing, and by recorded vote as follows: Ayes: Councilmen John A. Ba., Robert B. Cromwell, Jr., George R. Ferrell, John R. (;riffin, Mayor Clarence A. liolland, J. Henry McCoy, Jr., Councilwoman Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, Vice Mayor Patrick L. Standing, and Floyd E. Waterfield, Jr. Nays: None Absent: None City Council voted to approve on second reading the following ordinance to amend and reordain Sections 33-8 and 33-9 of the Code of the City of Virginia Beach, relating to AN ORDINANCE TO AMEND AND REORDAIN SECTIONS 33-8 AND 33-9 OF THE CODE OF THE CITY OF VIRGINIA BEACH, VIRGINIA, RELATING TO PERSONAL PROPERTY TAXES BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Sections 33-8 and 33-9 of the Code of the City of Virginia Beach, Virginia, is hereby amended and reordained as follows: Section 33-8. When city taxes due and payable. City taxes on personal property for each year shall be due and payable on or before June I of the year in which the same are assessed. Except when the assessment is made after June 1, the taxes shall be due and payable on or before December 1 of the year in which the same are assessed. Section 33-9. Penalties and interest when not paid on time. In the event any taxes on personal property are not paid on or before the time the same are due and payable as set forth in Section 33-8, there shall be added thereto a penalty of ten percent of the amount of such unpaid taxes or the sum of ten dollars, whichever shall be greater, and such taxes and penalty shall bear interest at the rate of -six percent per annum, comencing not earlier than the first day of the month following the month such taxes are due. The assessment of such penalty shall not be deemed a defense to a criminal prosecution for failing to make return of taxable property as may be required by law. This ordinance shall be effective upon date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the - 24 day of April , 1978. Note: See Section 58-847, Code of Virginia for authority. FIRST READING: April 17, 1978 ITE,14 #12043 -7- 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 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 amend and reordain Section 33-3 of the Code of the City of Virginia Beach, Virginia, relating to Real Estate Taxes: AN ORDINANCE TO AMEND AND REORDAIN SECTION 33-3 OF THE CODE OF THE CITY OF VIRGINIA BEACH, RELATING TO REAL ESTATE TAXES. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Section 33-3 6f the Code of the City of Virginia Beach is hereby amended and reordained as follows: Section 33-3. Penalty and interest when installment not paid on time. In the event any installment of taxes on real estate is not paid on or before the time the same is due and payable as set forth in Section 33-2, there shall be added thereto a penalty of ten percent of the amount of such unpaid installment or the sum of ten dollars, whichever shall be greater, and such installment and penalty shall bear interest at the rate of Six percent per annum, commencing not earlier than the first day of the month following the month such taxes are due. The assessment of such penalty shall not be deemed a defense to any criminal prosecution for failing to make return of taxable property as may be required by law. This ordinance shall be effective upon date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the 24 day of pril , 1978. FIRST READING: April 17, 1978 1 ITEM #12049 -8- 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 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 ordinance to authorize a temporary encroachment into a portion of the right of way or blackwater Koad ds requested by Mr. W Arthur Gilbert for the purpose of a septic tank drainfield: AN ORDINANCE TO AUTHORIZE A TEMPORARY ENCROACHME@IT INTO A PORTION OF THE RIGHT-OF-@IAY OF BLACKVATER ROAD. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That pursuant to the authority and to the extent thereof contained in Section 15.1-893, Code of Virginia, 1950, as amended, W. Arthur Gilbert, owner of Lot A, Blackwater Borough, Virginia Beach, Virginia, is authorized to install and maintain a temporary encroachment in the City right-of-way of Blackwater Road. That the temporary encroachment herein authorized is for the purpose of installing a septic tank drainfield to enable construction of a building unit on said property and will be located in said right-of-way in accordance with the City of Virginia Beach's specifications and standards. PROVIDED, HOWEVER, that the temporary encroachment herein authorized will terminate upon notice by the City of Virginia Beach to the owner of said lot, and that within ten days after such notice is given, said drainfield and any other related improvements will be removed from the City right-of-way of Blackwater Road by said owner of Lot A, his heirs, assigns and successors in title and that owner, his heirs, assigns and successors in title shall bear all costs and expenses of such removal. AND, PROVIDED FURTHER, that it is expressly understood and agreed that said owner of Lot A, his heirs, assigns and successors in title will indemnify and hold harmless the City of Virginia Beach, its agents and employees, from and against all claims, damages, losses, and expenses including reasonable attorney's fees in case it shall be necessary to file or defend an action arising out of the location or existence of such septic tank drainfield and related improvements. Adopted by the Council of the City of Virginia Beach, Virginia on the 24 day of April -, 1978. 4 / 2 4 / 7 8 ITEM #1729@o The following bids have been received for the construction of Fire Station #2: Shirley Construction Corporation $519,700.00 Meredith Construction Company, Inc. 546,587.00 W. S. Meadows Engineering, Inc. 550,000.00 Bayport Construction Corporation 574,780.00 Commercial Builders, Inc. 590,375.00 Beach Building Corporation 590,821.00 Architectural Estimate $463,400.00 On motion by Councilman McCoy, seconded by Vice Mayor Standing, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., George R. Ferrell, John R. Griffin, Mayor Clarence A. Holland, J. Henry YcCoy, 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 low bid of Shirley Construction Corporation, in the amount of $519,700.00, for the construction of Fire Station #2 (Pembroke); and further authorized the City Manager to enter into the necessary agreements to implement the construction of this facility. Funds are available. ITEM #12051 On motion by Councilman McCoy, seconded by Vice Mayor Standing, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., George R. Ferrell, John R. Griffin, Mayor Clarence A. Holland, J. Henry McCoy, Jr., Councilwoman Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, Vice Mayor Patrick L. Standing, and Floyd E. Waterfield, Jr. Nays: None Absent: None City Council voted to appoint viewers in the matter of the closing, vacating and discontinuing a portion of that certain street known as Bassett Avenue: 4/24 /78 -10- ORDINANCE APPOINTING VIEWERS WHEREAS, Ernmanual Tabe=acle Church, has given due and proper notice, in accordance with the statutes for such cases made and provided that they will on the 1st day of May , 1978, apply to the City Council of the City of Virginia Beach, Virginia, for the appointment of Viewers to view the below-described property and report in writing to the Council whether, in the opinion of said Viewers, any, and if any, what inconvenience would result from the discontinuance of the hereinafter described portion of that certain street of variable width, and has filed such application with said Council. NOW, THEREFORE, be it ORDAINED by the Council of the City of Virginia Beacli, Virginia: THAT C. Oral Lambert, Director of Public Works George E. Tinnes, Assistant to the City Manager and Robert J. Scott, Planning Director - are hereby appointed to view the below described property and report in writing to the Council on or before whether in their opinion, any, and if any, what incon- venience would result in the di.scontinuing and vacating of a portion of that certain street of variable width located in the City of Virginia Beach, Virginia, and more particularly described as follows: ALL THAT CERTAIN portion of Bassett Avenue designated "PORTION OF BASSETT AVENUE TO BE CLOSED" as appears on that certain plat entitled "PORTION OF BASSETT AVENUE TO BE CLOSED", in Lynnhaven Borough, Virginia Beach Virginia, Gallup Surveying, Ltd., March 29, 1978, and further described as follows: BEGINNING at a point on the northern sideof the Norfolk-Virginia Beach Toll Road on the property, and on the eastern side of Bassett Avenue, and at the boundary line of property now or formerly owned by E. E. Booker, and from sai-d point of beginning turning and running S 86@ 09' 04" West 48.74 feet; thence turning and run-ning North 310 00'00" West - I I - 72.15 feet to a Voint; thence turning and running N 59@ 00 East 40 feet to a point at the boundary line of property owned by Emmanual Tabernacle Church; thence turning and running along the said boundary lines S 310 00' 60" East 100 feet to the point of beginning. All the above as shown upon that certain plat entitled,"Portion of Bassett Avenue to be closed", Virginia Beach, Lynnhaven Borough, Virginia Beach, Virginia" which plat is attached hereto and made a part hereof and intended to be recorded with the Ordinance closing the aforedescribed street. Adopted by the Council of the City of Virginia Beach, Virginia, on the 24th day of April, 1978. - 1 2 - IN THE MATTER OF CLOSING, VACATING AND DISCONTINUING A PORTION OF THAT CERTAIN STREET OF VARIABLE WIDTH, KNOWN AS BASSETT AVENUE, AS SHOWN UPON THAT CERTAIN PLAT ENTITLED, "PLAT OF PORTION OF BASSETT AVENUE TO BE CLOSED" LYNNHAVEN BOROUGH, VIRGINIA BEACH, VIRGINIA, WHICH PLAT IS ATTACHED HERETO. P E T I T I 0 N TO: THE MAYOR AND THE MENBERS OF THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Your Petitioner, Emmanual Tabernacle Church, respectfully represents as follows: 1. That pursuant to the provisions of Section 15.1-364 of the 1950 Code of Virginia, as amended, the petitioner applies for the vacating, closing, and dis- continuance of a portion of that certain street, which is more specifically described as follows: ALL THAT CERTAIN portion of Bassett Avenue designated "PORTION OF BASSETT AVENUE TO BE CLOSED" as appears on that certain plat entitled "PORTION OF BASSETT AVENUE TO BE CLOSED", in Lynnhaven Borough, Virginia Beach Virginia, Gallup Surveying, Ltd., March 291 1978, and further described as follows: BEGINNING at a point on the northern side of the Norfolk-Virginia Beach Toll Road on the property, and on the eastern side of Bassett Avenue, and at the boundary line of property now or formerly owned by E.E. Booker, and from said point of beginning turning and running S 860 09' 04" West 48.74 feet; thence turning and running North 310 00' 00" West 72.15 feet to a Voint; thence turning and running N 59@ 00 East 40 feet to a point at the boundary line of property owned by Emmanual Tabernacle Church; thence turning and running along the said boundary lines S 310 00' 60" East 100 feet to the point of beginning. Said parcel of land being a portion of Bassett Avenue, as indicated on that certain plat entitled, "Plat of Portion of Bassett Avenue To Be Closed" Lynnhaven Borough, Virginia Beach, Virginia, which plat is attached hereto and made a part hereof and intended to be recorded with the Ordinance closing the aforedescribed street. 1 3 - 2. That no inconvenience will result to any persons by reason of said closing, vacation, and discontinuance of said street; and the petitioner prays that this Honorable Council appoint viewers as provided by law to view said platted street proposed to be closed and to report in wri- ting to the Counci-', on or before the day of 1978 as to whether in the opinion of said Viewers, what inconven- ience, if any, would result from the discontinuance and closing of this portion of said street, as herein reported and described. 3. That on the 18thday of April, 1978, Notice of the presenting of this Application was posted at the Courthouse of the Circuit Court of the City of Virginia Beach, Virginia, and at two other public places within the said City, as evidenced by the Affidavit attached hereto and a copy of said Notice, and the landowners along and adjacent to said street desire and request that the said portion of Bassett Avenue to be closed, as shown by the attached lettei-. EMANUAL 7ERNACLE CHJRCH By:;; Of Coiinsel Glenn B. McClanan Kempsvi.Ile Professional Center 425 South Witchdu@k Road Virginia Beach, Virginia 1 4- L6 @.4 r C,- ,po,alrlO" O@ 4040scrr .4V,C-*Vtlr- VOZ3CCI.OOCD 64LZ.41P SLI4>11,EYIAICv L7D- -3--!5 -I@7COIOIVI.41 --o tll,eC-IIVI,4 Z3EAC@ tll--61NIA - 1 5 - ITEM #12052 On motion by Councilman McCoy, seconded by Vice Mayor Standing, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., George R. Ferrell, John R. Griffin, Mayor Clarence A. Holland, J. Henry McCoy, Jr., Councilwoman Ileyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, Vice Mayor Patrick L. Standig, and Floyd E. Waterfield, Jr. Nays: None Absent: None City Council voted to appoint viewers in the m2tter of the cloguro Of 9 portion of Vine Street in the Lynnhaven Borough: ORDINANCE APPOINTING VIEWERS WHEREAS, Fine & Salzberg, Incorporated has given due and proper notice, in accordance with the statutes fof such cases made and provided that they will on the 1st day of May, 1978, apply to the City Council of the City of Virginia Beach, Virginia, for the appointment of Viewers to view the below-described property and report in writing to the Council whether, in the opinion of said Viewers, any, and if any, what inconvenience would result from the discontinuance of the hereinafter described portions of those certain streets of variable width, and has filed such application with said Council NOW, THEREFORE, be it ORDAINED by the Council of the City of Virginia Beach, Virginia: THAT C. Oral Lambert, Director of Public Works George E. Tinnes, Assistant to the City Manager And Robert J. Scott, Planning Dire6tor are herebv appointed to view the below described proverty and repott in writing to the Council on or before tlie 19th day of June, 1978, whether in their opinion, any, and if any, what inconvenience should result in the discontinuing and vacating of a portion of tliose certain streets of variable width located in the City of Virginia Beach, Virginia, and more particularly described as follows: Vine Street beginning at a point on the noth side of South Boulevard (formerly Fourth Street), thence northward a distance of 9981+- to the property line of the State Iiighway Department at Rosemont Road off-ramp; also Fourth Street beginning at the west side of Rosemont Road and extending westward a distance of S321-+. (Portion to be vacated is designated oli the below described plat.) 4/24/78 - 1 6 - All the above as shown upon that cetain plat entitled, "Plat Showing Portions of Fourth Street and Vine Street in Jacksondale to be Closed for Fine & Salzberg, Incorporated, Lynnhaven Borough, Virginia Beach, Virginia", which plat is attached hereto and made a part hereof and intended to be recorded with the Ordinance closing the aforedescribed street. Adopted by the Council of the City of Virginia Beach, Virginia, on the 24th day of April, 1978. -2- - 1 7 - IN THE MATTER OF CLOSING, VACATING AND DISCONTINU'E A PORTION OF THOSE CERTAIN STREETS OF VARIABLE WIDTH, KNOWN AS VINE STREET (FORMERLY FOURTH STREET) AND FOURTH STREET, AS SHOWN UPON THAT CERTAIN PLAT ENTITLED, "PLAT SHOWING PORTIONS OF FOURTH STREET AND VINE STREET IN JACKSONDALE TO BE CLOSED FOR FINE & SALZBERG, INC., LYNNHAVEN BOROUGH, VIRGINIA BEACH, VIRGINIA." WHICH PLAT IS ATTACHED HERETO. P E T I T I 0 N TO: THE MAYOR AND THE MEMBERS OF THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Your petitioner, Fine & Salzberg, Incorporated, respect- fully represents as follows: 1. That pursuant to the provisions of Section 15.1-364 of the 1950 Code of Virginia, as amended, the petitioner applies for the vacating, closing and discontinuance of a portion of those certain streets, which are more specifically described as follows: Vine Street beginning at a point on the north side of South Boulevard (formerly Fourth Street), thence northward a distance of 9981+- to the property line of the State Highway Department at Rosemont Road off-ramp; also Fourth Street beginning at the west side of Rosemont Road and extending westward a distance of 5321-+. (Portion to be vacated is designated on the below described plat.) Said parcel of land being that portion of Vine Street, (formerly Fourth Street) and FourthStreet, as indicated on that certain plat entitled, "Plat Showing Portions of Fourth Street and Vine Street in Jacksondale to be Closed for Fine & Salzberg, IncoTporated, Lynnhaven Borough, Virginia Beach, Virginia", which plat is attached hereto and made a part hereof and intended to be recorded with the Ordinance closing the aforedescribed streets. - 1 8- 2. That no inconvenience will result to any persons by reason of said closings, vacations, and discontinuance of said streets; and the petitioner prays that this Honorable Council appoint viewers as provided by law to view said platted Streets proposed to be closed and to report in writing to the Council on or before the 19th day of June, 1978, as to whether in the opinion of said Viewers, what inconvenience, if any, would result from the discontinuance and closing of those portions of said streets, as herein reported and described. 3. That on the 14th day of April, 1978, Notice of the presenting of this Application was posted at the Courthouse of the Circuit Court of the City of Virginia Beach, Virginia, City Hall Annex, 19th Street and Arctic Avenue, Virginia Beach, Virginia and the premises to be closed as evidenced by the Affidavit attached hereto, and a copy of said Notice. Respectfully submitted, FINE SALZBERG, INCGRPORATED By General Manager William P. St.Lawrence General Manager Fine & Salzberg, Incorporated 147 Granby Street, Suite S10 Norfolk, Virginia 23510 -2- 1 9 - SOUTH BOULEVARD (FORMERLY FOURTH STREET) N88@14'-00"W N 14 C) b. 14 7z )4o.oo' 32 01 2,,-. FOURTH (50') STREET m (TO BE CLOSED) 284 52,IFI 285,98,fp) 140.00' :O r" rn (JD ( :91t) r- -10 PM ob OD m r) C3 ooi3so8) (39NVHJ83.LNI a V04Y LN A"SS-gddX-g )1-10-4,YON-HOVgG V - 2 0 - ITEM #12053 On motion by Councilman McCoy, seconded by Vice Mayor Standing, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., George R. Ferrell, John R. Griffin, Mayor Clarence A. Holland, J. Henry McCoy, Jr., Councilwoman Meyera E. Oberndorf, J. Curtis Payne, Roger L. RiggS, Vice Mayor Patrick L. Standing, and Floyd E. Waterfield, Jr. Nays: None Absent: None City Council voted to defer for six (6) weeks the following ordinance petitioning for the closure of a portion of Hilview Boulevard, in the Kempsville Borough: IN TIIE IIATTBR OF CLOSI@IC, VACATItlG, A@4D DISCO,',TTI\'UIII'G A PORTION OF THAT CERTAIN STREET OF VARIATLE WIDTII Y-NOI,@,l AS IIILLVIEW BOULEVARD, LOCATED Ill TITE KEMPSVILLE BOROUGII OF TIIE CITY OF VIRGINIA BEACH, VIRGINIA, AS SHO@TN 01! TIIAT CERTAIN PLAT ENTITLED, "PLAT STIOWING A PORTIO14 OF IIILLVIEVI BOULEVARD TO BE CLOSED BETWEEN LOT 108 AND LOT 107 FOR CliARLES E. &ND JOAN F. LEE AND @IICHAEL N. AND KAY H. CHESSON--KFITSVILLE BOROUGH, VIRGINIA BEACII, VIRGINTA", ;4HICII PLAT IS RECORDED IN TIIE CLERK'S OFFICE OF THE CIRCUIT COURT OF THE CITY OF VIRGINIA BEACH, VIRGINIA IN MAP BOOK AT PACE- 1,TP,EREAS, it appearing by affidavit that proper notice has been given by Charles E. and Joan F. Lee and Michael N. and Kay ii. Chesson, that it would make application to tlie Council of the City of Virginia Beach, Virginia on , 1978, to have the hereinafter described street discontinued, closed, and vacated; and I 1,711EPEAS, it is the judgment of the Coiincil tliat said street to be discontinued, closed, and vacated; N014 TTIEREFORE, SFCTION I BE IT ORDAINED by the Council of the Citv of Virginia Beach, Virginia that the hereinafter described street be discontinued, closed, and vacated: All that parcel of property be@inning at a point, located at the Southwest corner of Lot 108, Section One--Homestead--in the City of Virginia Beach (Being owned by Charles E. and Joan F. Lee) and continuing from said point of beginning running along the Southernmost boundard of said Hillview Boulevard North 84 0 36'00"W a distance of 60.25 feet to a point; being on the East boundary line of Lot 107, Section One--Homestead--in the City of Virginia Beach (Being owned by Michael N. and Kay 11. Chesson); and thence North 5034'16"E, a distance of 35.00 feet to a point; and thence South 89036'00"E a distance of 60.25 feet to a point; and thence West boundary line of Lot 108, Section One--Homestead--and thence South 5034'16"W a distance of 35.00 feet to the point of beginning (such property described comprises .048 acres). Said parcel of land being a portion of Hillview Boulevard as indicated on that certain plat of property to be vacated along existing Ilillview Boulevard for Charles E. and Joan F. Lee and Michael N. and Kay H. Chesson which plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book at page and which is made a art hereof by reference. 2 1 - < IAO COURT C:3 0 - 2 2 - ITEM #12054 On motion by Councilman MCCOY, seconded by Vice Mayor Standing, ,nd by recorded vote as follows: Ayes: Councilmen John A. B.um, Robert B. Cr.mwell, 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 license refunds in the amount of $4,114.55: BE IT ORDAINED BY THE COUNCIL OF-THE CITY OF VIRGINIA BEACH, VIRGINIA: That the following applications for license refunds, upon certification of the Commissioner of the Revenue are hereby approved; LICENSE DATE NAME YEAR PAID BASE PENALTY INT. TOTAL SPEPRY-P&NE COPP 1973-75 ",EL AUD.PEPOPT --- --- 41114.55 c ayment: Commissioner o Revenue Approved as @o form: ty Attorney The above abatement(s) totaling 4,115.55 were approved by the Council of the City of Virginia Beach o n the 24th day of April 19 78@. Richard J. Webbon City Clerk 4 2 47 8 ITEM #12055 -23- On motion by Councilman McCoy, seconded by Vice Mayor Standing, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., George R. Ferrell, John R. Griffin, Mayor Clarence A. Holland, J. Henry McCoy, Jr., Councilwoman Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, Vice Mayor Patrick L. Standing, and Floyd E. Waterfield, Jr. Nays: None Absent: None City Council voted to approve the following tax refunds in the amount of $460.28: Totalinp,, $ 116.15 TAX TYPE TICKET EN'ONEELK- DATE YEAR Op TAX Iln,[BER TION NO. P-ID PENAT-1-i INT. TOTAL .Dale & D. A. Astrum 1978 D 112958 1-9-78 7.50 David L. Hancock 1978 Cb 58539 1-11-78 7.50 J.. C. Penney Co. 1978 CD 59728 1719-78 lI.65 Edward D. Hurd 1978 CD 80234 2-1-78 7.50 Joyce.0. Davis 1978 CD 65014 1-17-78 7i5O. Horaco F. Field III 1978 CD 53623 1-6-78 ..7.50 Peggy.P. Bailey 1978 CD 38953 1-31-78 7.50 1978 CD 21378 1-18-78 15.00 Ka-ren Dodd Vi'rgifiia C. Mitchell 1978 CD 115964 1-12-78 1.50, L@rence C. Horwatt 1978 CD 4688 1-26-78 7.50 Lewis D. McClenney 1978 CD 64151 1-16-78 7.50 Richard A: Jenkins 1978 CD 35905 1-27-78 7. 50 Ba@bara J. Helfrich 1978 CD 47 2-17-78 7.50 Louis H. Cohn 1978 PTic 89140 2-9-78 5.00 The ;-bove abatement(s) totaling $116.15 were approved by the Council of the City of Virginia Beach on the 24 day of ON @reasurer. Approved 2s to' Richard J. Welt on, City Clerk 4/24/78 e Bimson-, City Att rney 2 4 - AN O;'Wlt,At1/2'(:E AUTILORIZI.@.'C TAX I(EI@CJNDS I)at(@ 4:-11-78 UPON APPLICATION OF CERTAItl PERSONS AND UPON CERTIFICA:flO@f OF TIIE 'fRy"t.SU@P, FOR PAYI-IEN'T BE IT ORDAlt,ED BY TIIE COLfiNCIL OF TI(E Cl'fY OF VIRGINIA BEACII, VIRGIt.@EA-. That the following applications for tax refunds upou certification of the Treasurer are bereby approved: .25 TAX TYPE TICKET EXONER-K- DATE 14 YEAP OF TAX N@,LBER TION NIO. PAID PENAL'I'Y INT. TOTAL .Home Fed. Sav. & Loan 1977 ]@EI 48178 6-20-77 2b.25 (Parker, Kenneth-L.) 1978 RE1/2 49509 12-1-77 19.58 Mutual Fed. Sav. & Loail978 RE1/2 12112 11-21-7.7 25.42 (McCoy, Mary J.) LeQpoldo Pomentil 1978 CD@ 136909 4-5-78 7.50 Robert C. Goodman 1978 CD 23515 1-3-78 John-A. Auguston II 1978 CD 83615 3-29-78 @.50 Helen B. Hodges 1978 CD- 57102 .1-10-78 7.50 Patgy P, Johnson 1978 CD 66670 1-19-79 7.50', Wallate R. Watson 1978 CD 14080 1-9-88 7.50 .D..A.,S@,dwell6m.L. Wros 1978 CD 43530 3-15-78 15.00 Suad Jones 1978 CD 24362 1-6-78 15.00 Patricia J. Farrar 1978 CD 244.31 1-9-78 7.50 Randolph H. Gibbs ISS@8 CD 123973 1-23-78 'i 0.00 R,obert C. Buckler 1978 CD 168SS2 1-12-78 7.50 Alfred D. Hinkle 1978 CD 118250 1-13-78 7 50 William E. Anderson 1978 CD 14016 1-6-78 7.50 Micfiael D. Timothy 1978 CD 50952 1-4-78 7. 5(T Robert Schimmel 1978 CD 129818 1-30-78 7.50 The above abatement(s) totaling to ayme e" $195.25 were approved by the Council oi7 the City of Virginia Bea the 24 day of April JOH@ ilTKINSON Treasurer orm: Approved as Richard J. Web n. City Clerk a' q 17E, le Bikson., City ttorne.Y 2 5 - AN 01WIN@'CE AU'fl[ORIZItJ.G TAX l@t,'I-UNDS Date 4-6-78 UPOii APPLICTLTION OF CrRTAiti PLPSOIXS AND UPON CERTIFICAT10i,@ 01" 'IIIE I:XFI@SU@P, FOR PAYIIENT BE IT ORDAIEED BY THE COUNCIL OF TIIE CITY OF VIRGIT@'IA BEACII, VIRGIIFIA: That the followin-. applicati.ons for tax refunds upoa certification of the Treasurer are hereby approved: .88 TAX TYPE TI@T EXONER-k- DATF YM OF TAX ls'MLBER TIO'4 NO. P-@ID PENALTY It@T. TOTAL .Mut. Fed. & Sav. 1976 RE2/,70009 12-5-76 15.15 (Orrell, Bryan J. L. 1977 (EI 47363 6-10-77 31.23 John W. Harvey 1978 CD 57175 1-10-79 7.50 Maureen H. Atkinson 1978 CD 20337 1-18-78 7.50 Veralin W. Gatlin 1978 CD 7652@ 1-30-@8 15.00 George W. Patrick 1978 CD 552 1-20-78 15.00, O.- L. & F. L. Mcomber 1978 CD' 19540 -1-13-78 Gebrge A. Harrison 1978 Cb 1365'61 3-24-78 Linda D. Skelton 1978 CD 81735 2-21--78 7. .50' .Lqeille L. Rotheleau 1978 CD 9099 2-7-78 7.50 Carl W. Matthews 1978 CD 82588 3-14-78, 7.50 Charles R. Walters 1978 CD 21293 1-18-78 7.50 RiChard-A. Diwald 1978 CD 8968 1-78 7.50 The above abatement(s) totaling $148.88 were approved by the Council of the City of Virginia Beach m the 24 day of J( Approved as form: City Clerk bale Bimson, City Attorney - 2 6 - ITEM #12056 On motion by Councilman McCoy, seconded by Vice Mayor Standing, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert B. Cromweil, 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 Bingo/Raffle Permits: Plaza Little League Board of Directors (Renewal) Raffle Virginia Beach Arts Center Raffle ITEM #12057 On motion by Councilman McCoy, seconded by Councilwoman Oberndorf, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., George R. Ferrell, John R. Griffin, Mayor Clarence A. Holland, J. Henry McCoy, Jr., Councilwoman Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, Vice Mayor Patrick L. Standing, and Floyd E. Waterfield, Jr. Nays: None Absent: None City Council voted to defer for one week the following ordinance declaring certain property on North Plaza Trail excess and authorizing the conveyance of such property: AN ORDINANCE DECLARING CERTAIN PROPERTY ON NORTH PLAZA TRAIL EXCESS AND AUTHORIZING THE CONVEYANCE OF SUCH PROPERTY AS DESCRIBED HEREIN BELOW. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: WHEREAS, two certain parcels of real property located in Lynnhaven Borough comprising 0.034 acre and 0.155 acre of land respectively as shown on that certain plat entitled "Plat Showing Property Of City of Virginia Beach, Virginia," dated September 16, 1977, prepared by the Engineering Division, Depart- ment of Public Works, City of Virginia Beach, Virginia, and attached hereto as Exhibit "A" was acquired by the City of Virginia Beach and in the opinion of the City Council is now in excess of the needs of the City; and WHEREAS, it is now considered suitable to dispose of this property by conveyance; NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the City Manager is hereby auttiorized to convey the said two parcels of land as shown on the aforementioned plat in a manner he deems in t@le best interests of the City of Virginia Beach. DEFERRED ONE WEEK ON April 24, 1978. Ado ted b the Council of the City of Virginia Beach, Virginia, on the - 2 8 - ORD APPOIN= FIRST OC)LONLAL CIVIC INCORPORATED, has given due and proper notice, in accord with the statutes with such cases n-ade and provided, that it muld, on this day, apply to the City Council of the City of Virginia Beach, Virginia, for the appoinmmt of viewers to view the below described property, and report in writing to the Council whether, in the opinion of said viewers, any, and if any, vhat inconvenience muld result from the discontinuing of the hereinafter described portims of streets in the City of Virginia Beach, Virginia and have filed such application with said Council; and NC)W, RE, BE IT 0 BY THE COUNCIL OF TliE CITY OF VIRGINTA BFACH, VIRG@ THAT,- C. Oral Lambert, Director of Public Works, Robert J. Scott George E. Tinnes .1 are hereby appointed to view the below described property and report in writing to the Cc)uncil on or before whether in their opinion any, and if any, what incmvenience imuld result fr(xn the discontinuing, closing and vacating of those certain portions of streets located in the City of Virginia Beach, Virginia and described as follows: AIL that certain portion of Lindsley Drive Extended as shown on that certain plat entitled "Subdivision of Property of Vernon E. and Margaret I. Moore," duly recorded in Map Book 124 at page 29 in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia and beixig the portion of said street lying to the south of the sauthern boundary line of Int "4", as shown on said plat and the intersection of Ldndsley Drive Extended with Drive" as shom on said plat. (Said Lim Drive being wre particularly known at the present tim as lblfsnare Road). For a mre particular description see copy of plat attached hereto. PEPORT OF VIEWERS WE, the undersigned viewers, baving viewed the below described HLTDGINS, T)roDerty, to-wit: GE, BU & O'BRIFN A-o...@. A@ L.. 4 / 2 47 8 - 2 9 - AIL that certain portion of Lindsley Drive Extended as shown an that certain plat entitled "Subdivision of Property of Vernon E. and @garet I. @re", duly recorded in @p Book 124 at page 29 in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia and be'-g the portim of said street lying to the south of the southern bamdary line of @t "4" as sham m said plat and the intersectim of Lindsley Drive Extended with "Lim Drive" as shom m said plat. (Said Lim Drive being rwre particularly knawn at the present tim as Wolf@e Road). For a wre particular description see copy of plat attached hereto. AND it is our opinim that no inconvenience to the public imuld result in discmtinuing, closing and vac@ the above described street area. DA,TED: BRYDGES, HUDGINS, EGE, BURT & O'BRIEN A-.-.Y. A@ LA. V....A B-@., V@..... 4 / 2 47 8 ORDINANCE CLOSING, VACATL'IG AND DISCONTINUIIU - 3 0 - A PORTION OF LINDSLEY DFJVE MMED, CITY OF VIRGINIA BEACH, VIRGINIA proper notice that FIRST COIJONIAL CIVIC LEAGLJE, INCOR- PORATED uvuld make application to the City Cc)uncil of the City of Virginia Beach, Virginia to have the hereinafter described streets closed, vacated and discontinued, was duly posted; and , application was mde to the City Council and, pursuant to the statutes in such cases mde and provided, the Council appointed viewers who have reported to the Council that no inconvenience to the public or to private individuals wuld result froin such closing, vacating, and discontinuance; and WHEREAS, it is the jud@t of the Cotmcil that said portions of the afor@tioned street should be closed, vacated and discontinued; NOW, THEREFORE, be it 0 by the Council of the City of Virginia Beach, Virginia; 1. That the said portion of Lindsley Drive Extended, Virginia Beach, Virginia, is hereby vacated and discontinued as a public thorough- fare of the City of Virginia Beach, Virginia, said street not being needed for public use and travel: AIL that certain portion of Lindsley Drive Extended as shown on tbat certain plat entitled "Subdivision of Property of Vemon E. and Margaret I. @re", duly recorded in Map Book 124 at page 29 in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia and being the portion of said street lying to the south of the sauthern line of Lot "4", as shawn an said plat and the intersection of Lindsley Drive Extended with "Lirm Drive" as shom an said plat. (Said Lim Drive being wre particularly knom at the present tinie as Wolfsnare Road). For a mre particular description see copy of plat attached hereto. 2. That thirty (30) days after this date a copy of this Ordinance RRYDC@ M@.JNS 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 and indexed in like mamer as a deed to lands. Adopted by the Council of the City of Virginia Beach, Virginia, on the 24th day of April, 1978 Approval subject to the following conditions: 1. Necessary easements for utilities to be brought into the area. 2. Sufficient space reservation (cul-de-sac) so that vehicles such as sanitation trucks, emergency vehicles etc., will have adequate turning space. 4 / 2 4 / 7 8 3 1- IN TBE MATTER OF CLOSING, VACATING AND DISCONTINUING A PORTION OF MT CERTAIN STREET OF V LE W=, Rn4N AS LINDSLEY D@ D=ED, AS SHMU UPON TfiAT PLAT ENTITLED "SUBDIVISION OF PROPERTY OF VERNON E. AND I. MORE" DMY RECORDED IN MAP BOOK 124 AT PAGE 29 IN THE CIERK'S OFFICE OF THE CIRCUIT COURT OF TBE CITY OF VIRGINIA BFACH, VIRGINIA, AND BE@ THE PORTION OF SAID STREET LYING TO THE SOLITH OF THE SOUTHERN BOUNDARY LEE OF LOT "4", AS SHAZ ON SAID PLAT AND THE INTERSECTION OF LUMSLEY DPJVE EXTENDED WITH "LIM DPM" AS SHOWN ON SAID PLAT (SAID LINN DRIVE BEIW NOPE PAFM Y AT THE PRESERR TDE AS WOLF ROAD) WHICH @ PLAT IS ATEACMM BERETO. P E T I T I 0 N TO: T'HE MAYOR AND THE @ERS OF T'BE COMCTT OF TRE CITY OF VIRG= BEACH, VIRGINIA Your petitioner, First Colonial Civic @ague, Incorporated, respectfully represents as follows: 1. That pursuant to the provisions of Section 15.1-364 of the 1950 ICode of Virginia, as wmded, the petitimer applies for the vacating, @closing and discontinuance of a portim of that certain street, which is @wre specifically described as follows: AIL that certain port:ion of Lindsley Drive Extended as shown on that certain plat entitled "Subdivisim of Property of Vernon E. and @garet I. Moore", duly recorded in Map Book 124 at page 29 in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and being the portion of said street lying to the south of the southem boundary line of lot "4" as shown an said plat and the intersection of Ldndsley Drive Extended with "@ Drim" as shown an said plat. (said Lim Drive being wre par- ticularly known at the present tim as Vblfsnare RDad.) For a Twre particular description see copy of plat attached hereto. 2. That no inconvenience will result to any persons by reason of said closing, vacation md discontinuance of said street; and the petitioner prays that this Honorable Council appoint Viewers as provided by law to view said platted street proposed to be closed and to report in writing to the Council an or before the day of HUDGINS, 1978, as to whether in the opinion of said view-ers, what inconvenience, BURT & O'BRIEN A-.-@@ A@ 1,@ V@...@ B.@c., V,.... 4 / 2 4 / 7 8 3 2 - if any, wuld result from the discontinuance and closing of this portion of said street, as herein reported and described. 3. That m the 16th day of February, 1978, hbtice of the presenting of this application was posted at the Courthouse of the Circuit Court of the City of Virginia Beach, Virginia. =T By_@ _ -W.'Edward Zidgins, Jr. Closure is subject to the following stipulations: 1. Necessary easements for utilities to be brought into the area. 2. Sufficient space reservation (cul-de-sac) so that vehicles such as sanitation trucks, emergency vehicles, etc., will have adequate turning space. Certified to be a true excerpt from the minutes of the City Council of the City of Virginia Beach, Virginia, approved April 24, 1978 R City Clerk 4 / 2 47 8 W. L@dg, #Pi AYdl,tt, til yay- hat 7'h e the bud... and the other b,2 'O the Ci h'aring, ing Polile offjcger '3""e' th,t Ap,ll I)e beard before th, council ani, Salari@ and 1978 off"", received a 81 the r,cla@s i fication date f-r Coun'll took no actlon (n the bov@ zna OZ increase, except for sta,,i,, tLer. ITEM //12060 '9pP(?al,d rlgarding on znotio, by Coun,"Man McCoy, vOte as fo llow,: this ClOsure A seconded by Counc,,_ " Waterfield, and 6Y recordl?d C B Robert B. Crorawell, A. Roll J. lienryjr'@.YGe-jlrge R. Ferrell, C t.. r Y. --d, W. f, pae, IZog@r L- Riggs, V,ce May. Ys: None le -Id , Jr. o; c@-cil.-M.@ Absent: None Pacri 'k OCity Cou"C'l VoLed LO approve the follo.. f Ash A,enLe, i. :Ln8 cOnditio.., the f(einp sville Borouph ordina,ce for th, Approval 's subj closure Of a Portion t-ttoto ".c.t 1'r) of nt r ect Lo the foll.Wing Subj@r acc ff"le" assur, that i or lot line@ ess to the c'tY street all lot s h,3ve adeq..t, 2 Re e,t- f System. I Ion ' ut"ity ease nts over the enti,e .rea 'O be Closed. me - 3 3 Mr. Douglas W. Aydlette ITEM #12059 Lodge #8 , aPPeared bet, I President fot Ing OCtOber 1, 1978, and In r@gards tO the Aydiett@ the budget riTI.,s be T)g that board be_fo,, the co and mo,t ff@pril 1, 1978 UncilrAani, c 'Cers recei Was the otlrlcil took act Ved a OZ 1 ""Cla-1. ion On the @rl'...,ific!'tlozl dat., fo, above mat, e@Cept f'r Star- _Ivevto@ -pp",@,, @ I ttnp on 'ot! gardi,@ TEA' #12060 vot, On b57 as folloCo:unc'lrnatl thi" c'Os@r, s 43,es, -'OcOllded by Co,@i Johl, and bY record@ Staldin Nays: Jr. Abs,nt: vic e Mayo' Fe'7rel IV.ne an @o P"r- city c -1@k L. Of As condi h Avenue, rl the Kemp tions: pp'ov@ the follo in 0 ... c!' Ordinan svill@ BorOugh. Appro"al ce fo, the SI!,ib is closure of a Portion ,,ff subject to the f. owizig to f -n 2. al t'rttor lot lines -0 _ic t @c e,, , , he 0 ,-S.-re Retentio, 1211, "IE2het sysIt,l,o. S hale adeq..,L are, tO be @10 Of sed. utility oa'3e@nt's O'ver the ent,re 3 3 - ITE14 #12059 Mr. Douglas W. Aydlette, President of the rraternal Order of Police, Princess Anne Lodge #S, appeared before City Council regarding police personnel. Mr. Aydlette stated that his main purpose for speaking was in regards to the proposed pay increases - one being on October 1, 1978, and the other being on April 1, 1979. Mr. Aydlette requested that the budget hearings be heard before the councilmanic election in May. The City Manager stated that April 1, 1978 was the reclassification date for police officers, and most officers received a 10% increase, except for starting salaries. Council took no action on the above matter. ITEM #12060 Mr. Newton appeared regarding this closure On motion by Councilman McCoy, seconded by Coiincilman Waterfield, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert B. Cromiqelll Jr., George R. Ferrell, John R. Griffin, Mayor Clarence A. Holland, J. Ilenry McCoy, Jr., Cotincilwoman Mevera 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 ordinance for the closure of a portion of Asb Avenue, in the Kempsville Borough. Approval is subject to the following conditions: 1. Subject to vacation of interior lot lines sufficient to assure that all lots have adequate access to the city street system. 2. Retention of utility easements over the entire area to be closed. 'ET SI, '['Y (6 OOT C"@ i,-@TE(@IUE 1) ip, CITY O,@ 'III@r@l@TIIII pro-)er i'lotice th,,lt Artl,,iur J. D@ew-Uon Jr. a,nd i@rterg@i@ret make -@ion to the @'ity Coi,,ncil of the City o,, @)eE),ch, Vir to h,@ve the herein,@,@Cter descril)ed undevelo@,,@c,,cl @-@ixty (601) foo-t street or avenu(', c]-osed, v,:tc,@.ted qnd discoritj-,lued wcs ,@osted; '@,P-d @ii], R,@611,b , @ll -Lhe o,,,Irner- @bu-L-@l-nL, s,-id -@,-Urcct or bo@ilev,,-,,rd have reauested the se"j-d s-Lr,@,c,,t or @i,ve-,@,ie to be closc,,d; -nd o 1 ic,-,,,t.L On vq,7,s ii,@,de t,) the C@ity Commis@ion ,,,nd to -Uhe City Co,,ir)cil, @iid, i,.ur@u' I nt to -t.@tie st@-,tues ]-n -uch ca-ses d he Viev,,ers @,vho h,,.@,ve rerorted -,iade -d provide , t to Lhe Council th,,t no incor-ven@-ei-Lce -to T.,ublic or to private v,;c,.tit)- @,ncl discon- indivi@l-o.,, I,,-@ ,@!oLL-LC, re@ult from such closill; tinuance ; ciid bo@ it Or@I)i@-L,ll ;D B@( THE COTJil(,'!L OP, CTT7 O@c, VIRGIiNII, BE@,.Cli, VIRGI.1,@I Sectiori 1: Tha,-@ tlic seid s@-xty (601) foot stri,) of the belo%v (lescribod stree-t or @n the Ke,@ipsville j3orou,,,,Ill of the Cit,,r of @,Tir ini@, Pe,-ch, Vir ini,@, is hereb-,T c-l-o,@ed-, v@c,@.ted @nd- r i)-bl o -n 3 4 - i@ort@.o-i o-I th, t cert, in 0 Ly.,el, t or @ v@@ @ue situa,ted iii the e,l@@@!vi-Lie @3oro.,,@,,'i of tlie (,'i-@y oC Vir-i @i) ft. il@,i :-,oint ,,'nich is -t c,@ie,-t cc)l,yier oC @ot Bloc'. on t" t cert@,@iii t t@,d "e. 'il. i)(@' 1, t @ 211 i,.@ duly recorded in t,'ie l(@rkl,l (@'fiee of 'b-' "ircuit court of -Lile Cit@,, of @ririni@@ "e@@,cl-i, Virl,ini,,,, in @Lp booic 7), ,-t n(,i frcii,@ s,id ,oint of be,:i, ru@-nin,,, lort@i dist,,.nce of 3 15 ft. to ' @oint ir. ti'le ;@,,ol)Ltqern ]-ine of the @outherii t,,ier@ce turnin" ,nd rlirmin,, ,ieqt ;-, di,lt,,nce of 6,) ft. Fo ,- -)oin-t tlieiice ti@.ri-iin,,-, @n runi-iinp@, Soizt"'i i (iist@-nee of 315 to the @-,reviouEl closed -n.ortion of ),sh ",ve. Ind. 60 ft. L-t -Lo the )oint of be' iiinin S@ id @ortion of @ sl,L @ve. to be ollosed to stri-@ 6) 't. in Cj, ce.-It to tiie v'est bnun @r- li-ile,,, of Lo-@,-,, @) thru 16, 31oc,, 3, L,iiO- iot- 2-0 -,4,ru 3,,,, @locc 4, (,,n t@ie @',@st bounC.,,,r,,, @,ecii @i@ tc.,(3 o,, t.le @.b@ive dec-cribed @ection 2: i@h@t thirt@,11 (3)) t@ii,; O,,@-te, , cony of t,iis cc@rtified bl the be u on the @ublic records i-ri tlie 1-cr@'s Office cf ti-Le Circt)-it @'cirt of the Ci-@-,, of Iirrini@,, iilcle,,Ced in @ lile i@lnner dc-ecl- of This 0-@I)i iC@ cii,,,c-@ed @@;nd @@.,,-proved t'l@ls 24th d, y of April L)7:'). Adopted by the Council of the City of Virginia Beach, Virginia, on the 24th day of April, 1978. Approval is subject to the following stipulations; 1. Subject to vacation of interior lot lines sufficient to assure that all lots have adecuate access to the city street system. 2. Retention of utility easements over the entire area to be closed. 3 5 - lrt@,iur 0 lr. nd r,,@,, ret -i. 'lewtori, h, ve ,ive-,i diie @in6 ,,roner l@@@otice, in F,ccor(l@-ce t@ie stL,t,-ies for s@@ch c@ses iTiEi(le @n(i @rovi0ed, t'j-iey ,,i-L-L, a the 27th dly of @i'ebru,-,ry, ]-,')7'), to tlie ('o@@,incil of t-lie "it" of Vir,-iniEt Becch, for t e of fie,@,,er"; t() \Tievi the belovv describecl -,ro-ertv @n@. -.-e@o,@-'U- @-n t(.) t(le "o@linci-L ,;Vhether, in the o-.-@inion of @,,id i@id if -ny, vihl t , incorivc,nie-,ice @hi7,, C-,-i co@-t@.riiiin,, of the h(3-,,eiii@.fter de,-@eribed uiidevelo@-%(-,d (6J') l'oot @)ortion Df se@id street or @,venue, ,nd hc@.s filed ,@uch 1) ]-ic@:t@oii t@@-e @lid Coanci-1; -@ovi, Therefore, 3E T,!'. @,@tz @'l- Iv ThF,t, C. Oral Lambert, Director, Pi@bli, Wrks y George E. Tinnes, Assostant to the City Manager , --rid Robert J. Scott, Planning Director @-re hereby L@T)i)ointed to vie,;,, thc,@ be Lo,,-.7 deEcribec3- iro,)erty ,nc@,l re-.@)ort in @,vritin!@ -@c t"IC', @,'O@cil- on or before @ebrii.@@r-,[ 27tl, l-)7@3, @'V-Vle-@!Ler in ti-i(3ir o-,,inion @iC, if , ny, inco,'Iv@@- i,iiei,ice ,@ould re@,u Lt -ro @ tti(@ d,i4 , C),,@ i-ici v, c@ tin,@ o@P @@ortion of @, cert,,. in mii,,'I,)roveci ('U)' foot strin of the bel o@v cle,,ci,ibed street or @.veiue, I-oc@@ t:@d -tlie @.e@ i.-nsville Borou,--,Ii, of the Cit@,o j3e,@,cli, L xid ii.,ore P, r- ticul, describc- s follo,,,is: 1, nort'-o@'i of' t'l,, t cert,,,in @ndevel-ol-led street :)r Lve ue, si@u.ted in tlie Kellii)rville @@orolL@ll )f t',ie (,'ity of Virgini,,. 13c@,ch, @fir@ini , 60 ft. in ,.-,,idt',l be-inT'inE7@ @ t T)oint ,,ihich is -L@le ;-@ou-t@,i-.fe,@t c@!rner of Lot 3loc'-@ 3, on tli, -t cert@@in il, t c,,e t(,d @ii . De, 1, 1,@t ,,,hich nE o C-ul," recoried -;n (,'Ierl,-Is Office of the Circuit @ourt ol tlie Oity of in iiiild boo'll: 7,0, Pt 7@' nd r(@i-I @f id -,@oint of ru,-.niii@ -ortli ,@, dist@ rice of 315 ft- to L -,ooi@"t i tlie '@oi;Ltlie@. 1-i-,.ie oc t,',i@ @.ioLitfic@rn ilv @@,@r r*,,,,'it-of- v;,,.v, t,@ie2,ice tiiriiin,,- @ nC ru@iyiiril,,, le,-it dist, nce o,@ 6J it. to i@oint t-@ence turriin,,@ @ ii,,l ru-inin,,, @out@ , diE@,t; nce of 315 ft. to the i-)revi-oiisl@Ir clo,,.,)ed @or@bi on o@@ @-.,-,h .,ve. @,nd 6,) I't. Lo the -)oin-L oi-- 'i@ @L.1 !7)c)rti-on of ,,sh -@lve. -La bc, clo,.ed -@o @ tri@ 6,) ft. in @,,iidt'i t:.djpceit to t'@ie @,e@t bouncl@Ir,@ 1-i-nec@ of ,Ol'@ @) t,--ru 16, Bloc@', 3, @nd Lots 2@o thru 34, ilocic on -t,@e boLin,,!(, r,i de,.;i,:,l@ tc@d o-.1 t@,,-,e Ctescribed 3 6 - IN THE MATTER OF CLOSING, VACATING ATND DISCONTINUING A PORTION OF THAT CERTAIN UNDEVEWPED STREET KNOWN AS ASH AV12,TUE BETWE@,N SOUTT-TE.T4 RAIL'NAY RIGI'T-OFAkNkYAND A POINT 273 FT. VORTH OF BONNFY RD. AS DESIGT,TATED UPON TTIE PLKT OF C. IN. DEAL #2, WHICH PLKT IS OF RECORD IN THE CLERY,'S Oii'FICF OF TTIE CIRCUIT COURT OF THE CITY OF VIRGINIA BR,.4CIi, VIRGTNIA, IN MAP DOOK 70 AT PAGE 7C. P T I T I 0 N TO: THE MAYOR AND THE MEMBERS OF T'IE COUNCIL OF TH.0 CITY OF VIRGINIA BEACI-1, VIRGINIA Your Petitioners, Artliur J. Newton, Jr. ,ind M,9.rgaret H. Newton, Husband and ';life, respectfully represent as follows: 1. That rursuant to the provisions of Section 15.1-354 of the 1950 Code of Virginia, As Amended, the Petitioners apply for the vaca,ting, closing @i.nd di-@,continur.-i,nce of a portion of that certain undeveloped street or !,venue,which is more p.'3.rticula.rly described as follows: A portion of tha,t certain undeveloped street or avenue, situated in the Kempsville Borough af the City Of Virginia Beach, Vir@inia, 60 ft. in width beginning a.t a point which is the southwest corner of Lot 8, Block 3, on that cert,,?in plat designited "C. W. Deal, Plet #2", .%,hich map is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beq,ch, Vlrginia, in Map Book 70, at page 70 and from said point of be,-,inning running North a dist,@ince of 315 ft- to a poirit in the Southern line of the Southern Rail,,;,@y rieht-of-,,Illoy, thence turning r@ nd runnin@ @'@est a dist,.nee of 60 ft. to@@a point thenoe turiain-- qnd running South i@. distance of 315 ft., to the previously clos-d portion of Ash Ave. and 60 ft. East to the roint of beginning. Said portion of Ash @..ve. to be closed is a strip 60 ft. in nidth L@'@j-,cent to the West boundf@ry lines of Lots 3 thru 16, Block 3, and Lots 26 thru 34, Block 4, on the East bound ry, 1-is .iesi,,?,nated on the above described p]-a,t. 2. Th,@t no inconvenience will i-esilil.t to -eny Dersons of the s@,-id cloring, v,,)c@i.tion -nd Iisc)nti@u,,nce of s@.id street or avenue heretofore described, and the Petitioners pray that this Honormble Co@@.ncil @p-point Vie,@,ver@, as nrovided by law to view this undeveloped street or avenue proposed to t)e closed, nd to re,')ort in ,@.,riting to the Coiincil on or @.)eCore t'@l@ P4th (I,-,.y of Febru,,4ry, 1978, wliether, in the ot.)inion of tlie n,,iid Vie,,,7ern, @ny, .nd :i-f @@nv, ,@vh@,t, inconveniei-.)c@, ;iould re,@lult from the -iiscontiniiance and closing of s-,-iid street or n,venue hereto,-ore described. - 3 7 - Th.-@t on the 14th d@,y of Februa-i-y, 1978, Notices of the T)resenting of this Applice.tion were posted at the Court- house of the Circuit Court of tlie City of Virginia Beach, Virginia ,qnd on the premises to be closed, Pnd Fit the City Hall Annex, lgth Street and Arctic Avenue, Virginia, Beach, Virginia,, @s evidenced by tlie Affidavit attached hereto, and a copy of said l@otice. 4. That tlie Iletitioners, are the fee simple owners of pF,,rt of 1,,nd along Ftnd idj@cent to ancl @,.ffected by s@tid undevelope-.d street or avenue, and consequeiitly, your Petitioners Ftre pprt of the landov@ners iffected by the same. 5. The other owners of property adjacent to said property being ',I,@-lter D. C,7rtwrip-ht @,nd Shirley R. C@-trtwright,Jr. and on Eest Herit,,.,ge House of Vir@,ini,@l., T/A Holmes Convalescent Home. Respectfully submitted, ARTIJIJR J. NE'IITON, JR. gnd YIARGAI@ET H. NE'@ITON By L&,/ @'i, @@ Arthur J. ton, Jr. Arthur J. Newton,Jr. 110 So. Budding Ave. Vir,Finia Beach, Virginia 23452 ITEM #12061 -38- 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 on first readin@ the following ordinance to I appropriate from the General Fund $11,450 to pay turnover audit costs of 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 Virginia Beach elected a new Treasurer to take office on January 1, 1978 and, WHEREAS, it was necessary to have 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, John Atkinson, and WHEREAS, the audit has been performed 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 appropriated from the General Fund Balance for the purpose of paying the firm of A. Lee Rawlings & Co. for performing the turnover audit of the Treasurer effective December 31, 1977. First Reading: April 24, 1978 ITEM #12061 -38- On motion by Councilman Ferrell, seconded by Councilman Griffin, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., Geor@e R. Ferrell, io'lin R. Griffin, Mayor Clarence A. Holland, J. Eenry McCoy, Jr., Councilwoman Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, Vice Mayor Patrick L. Standing, and Floyd E. Waterfield, Jr. Nays: None Absent: None City Council voted to approve on first readin@ the following ordinance to appropriate from the General Fund $11,450 to pay turnover audit costs of Treasurer's Office at December 31, 1977. AN ORDINANCE TO APPROPRIATE PROM THE GENEFAL FUND $11,450 TO PAY TURNOVER AUDIT COSTS OF TREASURERS OFFICE AT DECEMBER 31, 1977. WHEREAS, in 1977 the citizens of Virginia Beach elected a new Treasurer to take office on January 1, 1978 and, WHEREAS, it was necessary to have 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, John Atkinson, and WHEREAS, the audit has been performed 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 BFACH that $11,450 be appropriated from the General Fund Balance for the purpose of paying the firm of A. Lee Rawlings & Co. for performing the turnover audit of the Treasurer effective December 31, 1977. First Reading: April 24, 1978 Second Reading: 4 2 4 7 8