JUNE 26, 1978
CITY OF VIRGINII BEIC
MUNICIPAL CENTER
-Ety"t City" VIRGINIA BEACH, VIRGINIA 23456
MAYOR CLARENCE A. HOLLAND, M.D., B.y@id@ B ... @gh 1. HENRY M,COY, ],., D.D.S., K@.p@@ill@ B.,..gb
VICE MAYOR PATRICK L. STANDING, A, L.,g@ MEYERA E. OBERNDORF, At L.,g@
JOHN A. BAUM, B .... gb 1. CURTIS PAYNE, P,i.,@,@ A@@@ B.,.@gh
ROBERT B. CROMWELL, I,, A, L.,g@ ROGER L. RFGGS, Vi,gi.i. B..@b B.-.gb
GEORGE R. FERRELL, A, L.,g@ FLOYD E. WATERFIELD, J,., P..g. B .... gh
JOHN R. GRIFFIN, Ly..b.@,. B .... gb AGENDA RFCIIARD J. WEBBON, Cil, Cl@,k
The city Cc)uncil of the city of Virginia Beach, Virginia, will ass@le 3-n the AdmLnistration
Building, Princess Anne Borough, Virginia Beach, Virginia, in Regular Session, at 1:00 p.m..,
on @nday, June 26, 1978 for the purpose of conducting public business and will hear and act
upon the following item:
1. Call to order by the Honorable Clarence A. Holland, Mayor, in the Council Conference Room.
2. Roll call of the Council.
3. Motion to recess into Informl Discussion and Executive Session. Upon conclusion of the
Executive Session, City Cc)uncil will reconvene in the City Cc)uncil rs.
4. Invocation will be given at 2:00 p.m., by the Rever@ Robert Newland, Saint Aidans
Episoc)pal Church, Virginia Beach, Virginia. Please remain standing for the Pledge of
Allegiance.
a. Roll Call of the CC)uncil.
5a. Presentation of a Resolution to the Reverend Pobert Newland-
b. Presentation of a Resolution to the Reverend Jams'@sh.
c. Presentation to Counci@ J. Curtis Payne.
6. minutes of the Regular @ting of June 19, 1978 to be presented for approval and acceptance.
7. All niatters listed uner the consent agenda are considered to be routine by the City Council
and will be enacted by one mtlon in the fom listed. There will be no separate discussion
of these items. If discussion is desired, that item will be remved from the consent agenda
and considered separately.
a. City Council is requested to approve on second reading an ordinance to appropriate
funds in the amunt of $120,000 for the purchase of equi@t for a City garage equip-
@t pool.
b. City Council is requested to approve on second reading an ordinance to accept $30,000
from the Southeastern Tidewater Area Dbnpower Authority and to appropriate these funds.
c. city council is requested to approve on second reading an ordinance to accept grants
totalling $42,688 from the Divisim of Justice and Crim Prevention and to appropriate
these fimds.
d. Letter frorn the City Manager re@ding that City Council appc)int viewers in the
application of Tidewater Lipor-ts, Inc., for the closure of an unn@ street in the
Lynnhaven Borough plat entitled "Street dedication plat for Beachvard Corporation".
e. Letter frorn the City Manager reco@ding that City Cc)uncil appoint viewers in the
application of F. Wayne McLeskey, Jr., for the closur-- of Sawy,--r Ava,,iue and a portion
of Bee Street (Lynnhaven Borough).
f. Letter from the City Manager transmitting @-ie reconumdation of Mr. J. Dale Binson,
city Attorney, to appoint Mr. Richard H. Matthews as Assistant City Attomey.
g. Letter froin the City Manager re @. ding that City Council approve an ordinance
to and rec)rdain Chapter 20, Article II, Division 6 of the code of the City
of Virginia Beach pertaining to coin operated @cl-iines.
h. Letter from the City IIanager re @, ding that City Council approve an ordinance
to appropriate $11,500 to Sandbridge Fire Brigade, Inc. for building addition and
iniprovenents; and further, an ordinance to appropriate $14,000 to Thalia Volunteer
Fire Departmnt for iniprovenmts. (first reading)
.1-1@ 1- @,y @@uuiitiu2iiu@i(i Ulac @-L@y uoul-icil approve an c)rdinance
to provide secc)nd year funding for the cc)ntinuing education in @ntal Health and
Aging Grant: (first reading)
Estimated Revenue Total
Frori Other Agencies propriations
Cc)ntinu:Lng Education $26,392 $26,392
in @tal Health
-d Aging
j. Letter from the City Manager reco. ing that City Council approve an ordinance
to transfer funds from the General Fund to School Capital project fund for approp-
riation to school projects: (first reading)
#1-404 Green Run Senior High School $1,000,000
#1-600 Brandon Junior High School 497,000
#1-607 White oaks Elemn@ School 130,000
#1-805 Indian lakes El@tary School 23,000
1,650,000
k. Letter from the City 14anager re ding that City CC)uncil approve an ordinance
to accept $12,712 frorn the southeastern Tidewater Area manpower Authority and to
appropriate these funds: (first reading)
Estizated Revenue 'Ibtal
From Other Agencies prc, riations
CETA - Title II $12,712 $12,712
1. Letter from the City @ger rec , ing that City Council approve an ordinance
to allocate an additlonal Position for the Co ty Develo@t Grant Prograiq:
1 Field Survey Coordinator
m. Letter frorn the City Manager reccmnending that City Council approve an ordinance
ratifying and confirming the creation of the Virginia Beach Arts and Hunanities
Conmssion and provlcll-ng for its conposition, -@e= of rs, conduct of business,
etc.
n. @tter from the City ibmger re ding that City Cc)uncil approve a Resolution
requesting the Virginia Dep t of Highways and Transporation to program the
oonstruction of the impro@ts of Holland Road - Phase III from 0.107 @les south
of its intersection with PoserK)nt Road to 0.108 miles north of its intersection with
Lynnhaven Parkway.
o. Letter from the City Manager reco ing that City Council approve the following
Bingo/Raffle pemdt:
Redwing lake Ladies Golf Association (renewal) Bingo/Raffle
p. Letter from the City Manager rec ing that City Cc)uncil approve the request of
,Mr. John T. Atkinson, City Treasurer, for tax refunds in the amunt of $1,242.79.
q. Letter fxcm the City Manager re ing that City Council approve an ordinance
to Section 2-7 of @ Cc>de of the City of Virginia Beach related to regular
Council @etings: when and where held.
8. @tter frcm the City Manager transmitting the rec tion of the Planning ssion
for denial of the application of John Dabul for a conditional use pe=, t for bicycle,
raft, urrbrella, and beach chair rentals on a 7,500 square foot parcel located on the
east side of Atlantic Avenue, south of 18th Street (Virginia Beach Borough).
9. Letter from the City Manager trans@tting the reco.@dation of the Planning Cor.Y.U'ssion
fOr apprc)val of the application of Coite B. Rudacil and i@bert C. Sewell for a change of
zoning from R-4 Residential District to R-9 (@ified f-@ A-2 Apar@t District) on a
10. Letter from the City 14anager tranadtting the r tion of the Planning @ssion
for approval of the application of Gec)rge S. and Ahna V. Johnson for a conditional use
permit for a duplex on a 5.001 acre parcel located on the south side of Indian River Rc)ad,
east of Princess Ame Rc)ad (Pungo Borough). Deferred fran June 19, 1978.
11. Lettir frorn the City i@ger transmitting the r ation of the Plaming @- 'ssion
for denial of the application of Sun Oil Co@y of Pemsylvania for the closure of
Old Providence Road (K@sville Borough) .
12. Old business, deferred from the previous nieeting including any repc)rt of the Mayor or
Comdttees n@ by Council.
a. Councilman John Griffin has indicated his intention of requesting City Council to
adopt a Resolution to reconsider its denial of the application of Herniitage Tbwn-
house Associates for a change of zoning from R-5 Residential District to B-2
Co@ity Business District on a 11.949 acre parcel located on the east side of
Providence Road, south of Princess Anne Rc)ad (Kenpsville Borough).
b. Mr. Dc)nald Washburn has requested to appear before City Council for the purpose of
appealing for relief fran certain conditions @sed under the te@ of the rezoning
approved by City Council on April 10, 1978, itern #11983, in the nutter of rezoning
applicaticn #3032 granted by City Council. Z04788335.
13. New Business, including any presentations by Council s, Citizens and Organizations.
a. Attorney Williarn R. Wahab, representing Kathryne V. Yeates in the matter of a sub-
division variance of property designated as Parcel A & B of Ililliam G. Yeates, Jr.
the property for which a subdivision variance was denied by the Plaming oomdssion
on May 9, 1978, is appealing before City Council the denial which was with respect
to matters covered in Section 9.1, 9.2 and 9.3 of the aforesaid Subdivision Regula-
tions.
14. P-btion for adjo t.
MINUTES OF THE HONORABLE CITY COUNCIL
OF THE
CITY OF VIRGINIA BEACH, VIRGINIA
June 26, 1978
The regular meeting of the Council of the City of Virginia Beach,
Virginia, was called to order by Mayor Clarence A. Holland, in the
Conference Room, in the Administration Building, on Monday, June 26,
1978, at 1:00 p.m.
Council Members present: 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.
Council Member absent: John A. Baum
ITEM #12338
Mayor Holland entertained a motion to permit Council to conduct an
informal meeting to be followed by an executive session for the
purpose of discussing the following:
1. Discussion or consideration of employment,
assignment, appointment, promotion, demotion,
salaries, discipline or resignation of public
officers, appointees or employees of any public
body.
2. 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 Robert B. Cromwell, Jr., George R. Ferrell, John
R. Griffin, Mayor Clarence A. Holland, J. Henry McCoy, Jr., Council-
woman Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, Vice
Mayor Patrick L. Standing, and Floyd E. Waterfield, Jr.
Nays: None
Absent: Councilman John A. Baum
City Council voted to proceed into the executive session following
the informal discussion.
ITEM #12339
Councilman Riggs requested a report from the City Manager concerning
the work being done on Laskin Road, which has required the re-routing
of traffic in the middle of the summer season which is considerably
disturbing to the tourists and residents not familiar with the street
patterns.
The City Manager reported that the work of placing new water and
sewer mains has been delayed due to the heavy rainfall which was
encountered this last month. It is anticipated that the work will
be under control before the peak of the holiday traffic in July.
6 / 2 6 / 7 8
- 2
ITEM #12340
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f..d., th.. f@.d. f., @..d. @.d th@@ City
A @.py f th@ @y f.1l..@:
CITY OF VIRGINIA BEACH, VIRGINIA
1978 - 1979 CAPITAL IMPROVEMENTS BUDGET
INCLUDING
PROPOSED US]' OF FISCAL YEAR 1978 REVRNUE SIIARING
AND
THE 1978 PROPOSED CHARTER BOND ISSUE
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ITEM #12341
At 2:20 p.m., City Council reconvened in the Council Chambers with
the following Ilembers present:
Robert B. Cromwell, Jr., George R. Ferrell, John R. Griffin, Mayor
Clarence A. Holland, J. Ilenry McCoy, Jr., Councilwoman Meyera E.
Oberndorf, J. Curtis Payne, Roger L. Riggs, Vice Mayor Patrick L.
Standing, and Floyd E. Waterfield, Jr.
Council Member absent: John A. Baum
The invocation was given by the Reverend Robert Newland, Saint Aidans
Episcopal Church, followed by the Pledge of Allegiance.
ITEM #12342
On motion by Councilman Ferrell, seconded by Councilwoman Oberndorf,
and by recorded vote as follows:
Ayes: Councilmen Robert B. Cromwell, Jr., George R. Ferrell, John R.
Griffin, Mayor Clarence A. liolland, J. Henry McCoy, Jr., Councilwoman
Meyera E. Oberndorf, J. Curtis Payne, Roger L. Ri@.gs, Vice Mayor
Patrick L. Standing, and Floyd;E. Waterfield, Jr.
Nays: None
Absent: Councilman John A. Baum
City Council voted to adopt the following Resolution, and present
same to Reverend Robert Newland:
R E S 0 L U T I 0 N
WHEREAS, Reverend Robert Newland, an honored member
of the Episcopal Clergy and a man having a great interest
in serving his fellowman in whatever capacity an opportunity
presents itself in addition to his clerical responsibilities,
will, by direction of his Church, be transferred to a new
parish in conformity with the regulations of Church Order, and
WHEREAS, Reverend Robert Newland has served as a
mernber and chairman of the Virginia Beach 1-7etlands Board in
its effort to preserve the natural resources of the City, and
WHEREAS, Reverend 14ewland has upon numerous occasions,
at the opening of the City Council meetings, offered prayer
for the guidance of the City Council in considering the
matters being brought before it for decision;
NOW, TIIEREFORE, the City Council does I)y the adoption
of this Resolution of Appreciation express its appreciatioil to
Reverend Robert Ilewland for the services he has rendered to
his fellowman during the years he has been a resident of tlie
City of Virginia Beach. 6/26/78
ITEM #12343
On motion by Councilman Waterfield, seconded by Councilman Riggs,
and by recorded vote as follows:
Ayes: Councilmen Robert B. Cromwell, Jr., George R. Ferrell, John
R. Griffin, Mayor Clarence A. Holland, J. Henry McCoy, Jr., Council-
woman Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, Vice
Mayor Patrick L. Standing, and Floyd E. Waterfield, Jr.
Nays: None
Absent: Councilman John A. Baum
City Council voted to adopt the follo,,ing R@solution and forward same
to Reverend James Rush:
RESOLUTION OF APPRECIATION
WHEREAS, Reverend James W. Rush has clearly demonstrated his
interest and concern in the mental as well as the physical and emo-
tional sickness of his fellowman by his service on the Mental Health
and Mental Retardation Services Board;
NOW, THEREFORE in recognition of these services so generously
given, the City Council of the City of Virginia Beach does hereon
direct that this Resolution of Appreciation be entered into the Min-
utes of this day's meeting as a small token of appreciation for his
services.
Honorable Clarence A. Holland, Mayor
Adopted by the City Council of the City of Virginia Beach, Vir-
ginia on this 26th day of June, 1978.
6 / 2 67
- 8-
ITEM #12344
Mrs. Fraser appeared before Council and presented Councilman J. Curtis
Payne a gift from the country of Yugoslavia.
TTEM #12345
On motion by Councilman McCoy, secorded by Councilman Griffin, and
by recorded vote as follows:
Ayes: Councilmen Robert B. Cromwell, Jr., George R. Ferrell, John
R. Griffin, Mayor Clarence A. Holland, J. Henry McCoy, Jr., Council-
woman Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, Vice
Mayor Patrick L. Standing, and Floyd E. Waterfield, Jr.
Nays: None
Absent: Councilman John A. Baum
City Council voted to approve the minutes of the regular meeting of
June 19, 1973, and dispensed with the reading of said minutes inasmuch
as each Council Member had a copy.
ITEM #12346
Mayor Holland introduced Mrs. Barbara Pendleton, who introduced to
Council the reigning Miss Virginia Beach Miss Sue Anne Mullenberg..,,
ITEM #12347
Councilman Griffin stated that at the last Council meeting he informed
Council of his intention to bring back for reconsideration the application
of Hermitage Townhouse Associates. However, after discussing the matter
with the developer, who did not wish the matter reconsidered, Councilman
Griffin stated he will not bring the matter back up for reconsideration.
ITEM #12348
On motion by Councilman Waterfield, seconded by Councilman McCoy,
and by recorded vote as follows:
Ayes: Councilmen 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, Ro.@er L. Riggs, Vice Mayor
Patrick L. Standing, and Floyd E. Waterfield, Jr.
Nays: None
Absent: Councilman John A. Baum
City Council voted to approve on second reading the following ordinance
to appropriate funds in the amount of $120,000 for the purchase of
equipment for a City garage equipment pool:
6 / 2 6 / 7 8
- 9 -
AN ORDINANCE TO APPROPRIATE FUNDS
FOR THE PURCHASE OF EQUIPMENT FOR
A CITY GARAGE EQUIPMENT POOL
WHEREAS, it is necessary to make and repair pavement cuts when
connecting utilities, and
WHEREAS, it has been determined to be most feasible to use Public
Works CETA employees to perform this function, and
WHEREAS, CETA funds may be used to lease any equipment necessary
for CETA employees to perforrn their functions, and
WHEREAS, it is permissable by CETA for equipment to be leased by
one city agency from another city agency provided that the rates
charged are comparable to rates charged by local outside agencies,
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BF-ACH:
That funds in the amount of $120,000 be appropriated from General
Fund Balance to the City Garage Working Capital Fund for the purchase
of the necessary equipment.
BE IT FURTHER ORDAINED that the equipment be leased to city
agencies at rates listed as follows (excluding gas, grease and oil):
4 Dump Trucks $ 802 - Month/Each
2 Backhoe/Loaders 1,000 - Month/Each
2 One Ton Rollers with Trailers 300 - Mcrnth/Each
2 Trailers for Backhoe/Loaders 250 - month/Each
2 Air Compressors 250 - Month/Each
First Reading: June 19, 1978
Second Reading: June 26, 1978
Adopted by the Council of the City of Virginia Beach on the 26
day of June 1978.
6 2 6 7 8
lihm yiz3@u -11-
On motion by Councilman Waterfield, seconded by Councilman McCoy,
and by recorded vote as follows:
Ayes: Councilmen 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: Councilman John A. Baum
City Council voted to approve on second reading the following ordinance
to accept grants totaling $42,688 from the Division of Justi,, and
Crime Prevention and to appropriate these funds:
AN ORDINANCE TO ACCEPT GRANTS
TOTALLING $42,688 FROM THE DIVISION
OF JUSTICE AND CRIME PREVENTION AND
TO APPROPRIATE THESE FUNDS
WHEREAS, the Police Department wishes to continue its Police
Training Program for selected members of the Department, and
WHEREAS, the Sheriff's Department wishes to continue its expanded
Jail Paramedic Program, and
WHEREAS, the Division of Justice and Crime Prevention (DJCP) has
awarded the City two grants for funding the above programs.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINLk BEACH, VIRGINIA:
That the City Manager is hereby authorized to accept grants for
the City, and funds are hereby appropriated, for the following purposes:
Estimated Revenue Local Total
From Other Agencies Match @ropriations
Police Training $19,000 $1,000 $20,000
Jail Paramedic 22 038 650 2@2 @L8
Total $41,038 $1@tiq $42,688
BE IT FURTHER ORDAINED that the appropriations will be financed
by $31,328 estimated revenue from the DJCP, $9,710 from the Virginia Depart-
ment of Corrections, and a local cash match of $1,650 from the City's
Unappropriated Fund Balance.
FIRST READING: June 19.19-a-
SECOND READING: June 26, 1978
Adopted by the Council of the City of Virginia Beach on the 26
day of _ j,4np 1978.
6 / 2 67 8
ITEM #12351
0. ..ti.. by C... @il... W.t@@fi.id, ..@..d@d by C .... il... M@C.y,
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M@y@@. E. Ob@@.d.@f, J. C.@@i. P@y.@, R.g@@ L. Rigg@, Vi@@ M@y.@
P.t@i@k L. St.@di.g, ..d Fl.yd E. W@t@@fi@ld, J@.
N.y.: N..@
Ab.@.t: C.... il... J.h. A. B@..
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I.P.@t., I..., f.@ th@ .. ..... @d i@ th@ Ly..h.@@.
B.@..gh pl@t ..titl@d "St@@@t d@di@.ti.. pl@t f.@ B@@,h,.@d
IN THF MATTER OF CLOSING, VACATING AND
DISCONTIIIUING A CERTAIN UNNAMD STREET
AS SHOWN ON TRAT CERTAIN PLAT ENTITLED
"STREET DEDICATION PIAT FOR BEACHVARD
CORPORATION, LYNNHAVEN BOPIOUGH, VIRGINIA
BEACH, VIRGINIA, FOR TIDEWATER I@ORTS,
INC,
P E T I T I 0 N
TO: THE MAYOR AND THE MEMBERS OF TRE COUNCIL OF
THE CITY OF VIRGINIA BEACH, VIRGINIA
Your petitio-er, Tidewater Imports, Inc. respectfully
repregents as follows@
1. That pursuat 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
certain Unnamed street, whi@h is more specifically described
as followst
ALL of that certain mn@ed street as ho-
that certain plat entitled "STREET DEDICATION
Pf,AT FOR BEACHVARD CORPORATION, LYNNHAVEN
BOROUGH, VIRGINIA BEACH, VIRGINIA", which said
plat is duly recorded in the Clerk's Office of
the Circuit court of the city of VirSinia Beach,
Virginia, in Map Book 97, at page 17, said
stredt running from "Virginia B6ach Boulevard"
in a northerly direction t. "Old Norfolk to
Virginia Beach Blvd," as sho@ on said plat
and being border.d on the West by the property
"now for fomerly Beach@ard Corporation" and
on the East by the property sho@ as now or
fo=erly "Josuha A. Darden, Jr. "' "Parcel
AO.109 acres, and "Subdivision of Bellhaven".
The closing of said mnamed street for Tidewater
h, Virgi.ia
Imports, Inc., Lynnha@en Bor--gh, Virginia Beac
which pl.t i. att.ched hereto @d made a part hereof and
intended to be recorded with the Ordinance closing the
aforedescribed street.
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
Comcil ppoint Viewers as pro@id.d by law to view said
BRYOGU. HMG.KS,
@F, BURT . O'BRIEN @nmed street proposed to be clos.d and to report in @it-
ti,@ 24th dav of Julv,, @9,7A,
-10-
ITEM #12349
On motion by Councilman Waterfield, seconded by Councilman McCoy,
and by recorded vote as follows:
Ayes: Councilman Robert B. Cromwell, Jr., George R. Ferrell, John
R. Griffin, Mayor Clarence A. Holland, J. Henry McCoy, Jr., Council-
woman Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, Vice
Mayor Patrick L. Standing, and Floyd E. Waterfield, Jr.
Nays: None
Absent: Councilman John A. Baum
City Council voted to approve on second reading the following ordinance
to accept $30,000 from the Southeastern Tidewater Area lianpower Authority
and to appropriate these funds:
AN ORDINANCE TO ACCEPT $30,000 FROM
THE SOUTHEASTERN TIDEWATER AREA MAN-
POWER AUTHORITY AND TO APPROPRIATE THESE
FUNDS
WHEREAS, the City Council, on October 10, 1977, approved $204,577
in initial funding for the City's current Title I Employment Program under
the Comprehensive Employment and Training Act of 1973 (CETA), and
WHERF.AS, the City Council, on March 7, 1978, approved $68,017 in
additional funding for this program, and
WHEREAS, the Southeastern Tidewater Area Manpower Authority (STAMA)
has approved $30,000 in additional furiding, which the City wishes to accept.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
That the City Manager is hereby authorized to accept the grant
for the City, and funds are hereby appropriated for the following purpose:
Estimated Revenue Total
From Other@ea i@et Appr@riati@n@
CETA - Title I $30,QLO $30@OOQ
BE IT FURTHER ORDAINED that the appropriations will be financed
100% by federal funds from STAMA, with no local match required.
FIRST READING-. June 19. 197.8
SECOND READING: June 26, 1978
Adopted by the Coiincil of the City of Virginia Beach on the 26
day of __ June.__._., 1978.
6 / 2 67 8
1 3-
as to whether in the opinion of said Viewers, what incon-
venIience, if any, would result from thd discontinuance and
closing of unnamed street, as herein reported and described.
3. That on the 14th day of June, 1978, Notice of
the presenting of this Application was posted at the Court-
h6use of th6 Circuit Court of th6 City of.-Virginia Beach,
Virginia, on the premises to be closed, and at the City
Hall Annex, 19th Street and Arctic Avenue, Virginia Beach,
Virginia, as evidenced by the Affidavit attached hereto,
and a copy of said Notice,
4. That th6 Petitionet is fee simple owner of part of
the land along and adjacent to and affected by said portion
of the unnamed street to be closed and consequently, your
Petitioner is not thd only landowner effected by the same.
R y submitted,
S,
By
A. ANDREW EGE, JR.
BRYDGES, HUDGINS, EGE, BURT & O'BRIEN
1369 Laskin Road
Virginia Beach, Virginia 23451
BRYDGES, HUDGINS,
EGE, BURT & O'BRIEN
A--. AT LA@
V-. B-, V..@-
1 4 -
ORDINANCE APPOINTING VIEWERS
WREREAS I Ttlat Tidewater Imports, Inc. has given due and
proper notice, in accordance with the statutes for such
cases made and provided that they will on the 26th day of
June, 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 s4id Viewets, any, and if any,
what inconveneince would result from the discontinuance of
the hereinafter described certain unnamed street, and has
filed such application with said Council.
NOW, THEREFORE, be it OR-T)AINED By the Council of the
City of Virginia Beach, Virginia;
MT C. OrAl Lambert
Geotgo E. Tihnes and
RObett J. Scott are hereby
appointed to view the below described property and report
in writing to the Council on or before July 24, 1978, whether
in their opinion, any, and if any, what inconveneince would
result in the discontinuing and vacating of a certain unnamed
street located in the City of Virginia Beach, Virginia, and
more particularly described as follows:
ALL of that certain unnamed street as shown on
that certain plat entitled "STREET DEDICATION
PLAT FOR BEACHVARD CORPORATION, LYNNHAVEN
BOROUGH, VIRGINIA BEACH, VIRGINIA", which said
plat is duly redorded in the Clerk's Office of
the Circuit Court of the City of Virginia Beach,
Virginia, in Map Book 97, at page 17, said
street running from "Virginia Beach Boulevard"
in a northerly direction to "Old Norfolk to
Virginia Beach Blvd." as shown on said plat
and being bordered on the West by the property
"now or formerly Beachvard Corporation" and
on the East by the property shown as now or
formerly "Josuha A. Darden, Jr.", "Parcel
AO.109 acres", and "Subdivision of Bellhaven".
BRYDGES, HUDGINS, All the above as shown upon that certain plat entitled
EGE, BURT & O'BRIEN "STREET DEDICATION PLAT FOR BEACHVARD CORPORATION, LYNNHAVEN
A-.- AT
1 5 -
BOROUGH, VIRGINIA BEACH, VIRGINIA, to be closed for Tidewater
Imports, Inc.,Virginia Beach, Virginia,
BRYDGES, HUDGINS,
EGE, BURT & O'BRIEN
A-.- AT U.
vl- B.@.. V@--
1 6 -
co
0
rn
C7
0 ,Zr
ITEM #12352
On motion by Councilman Waterfield, seconded by Councilman McCoy,
and by recorded vote as follows:
Ayes: Councilmen Robert B. Cromwell, Jr., George R. Ferrell, John
R. Griffin, Mayor Clarence A. Ilolland, J. Henry McCoy, Jr., Council-
woman Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, Vice
Mayor Patrick L. Standing, and Floyd E. Waterfield, Jr.
Nays: None
Absent: Councilman John A. Baum
City Council voted to appoint viewers in the application of F. Wayne
McLeskey, Jr., for the closure of Sawyer Avenue and a portion of Bee
Street, in the Lynnhaven Borough:
- 1 7 -
ORDINANCE APPOINTING VIEWERS
WHEREAS, F. Wayne McLeskey, Jr., by counsel, has given due and
proper notice, in accord with the statutes for s,ch cases made and provided,
that he would, on this day, apply to the City Council of the City of Virginia
Beach, Virginia, for the appointment of viewers to view the bel,w-de,cribed
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
discontinuing of hereinafter described portions of streets in the Kempsville
Borough, City of Virginia Beach, Virginia, and have filed such application
with said Council; and
NOW, THEREFOPE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA,
THAT, C. Oral Lambert, CeorPP F.- Ti@@@.,
Robert J. Scott are hereby appointed to view
the below-described property, and report in writing to the Planning Commission
of the City of Virginia Beach, Virginia, on or before August 8, 1978, and
subsequently to the Council whether in their opinion any, and if any, what
inconvenience would result from the discontinuing, closing and vacating of
those certain portions of streets located in the Lynnhaven Borough, City of
Virginia Beach, Virginia, and described as follows:
All of Sawyer Avenue and that portion of Bee Street which
lies to the east of the eastern right of way line of Bratten
Avenue, as shown on the plat of Maple Terrace, Lynnhaven
Borough, City of Virginia Beach, Virginia, which plat is
recorded in the Clerk's Office of the Circuit Court of the
City of Virgi.nia Beach, Virginia, in Map Book 22 at page 20.
REPORT OF VIEWERS
We, the undersigned viewers, having viewed the below-described
property, to-wit:
All of Sawyer Avenue and that portion of Bee Street which
lies to the east of the eastern right of way line of Bratten
Avenue, as shown on the plat of Maple Terrace, Lynnhaven
Borough, City of Virginia Beach, Virginia, which plat is
recorded in the Clerk's Office of the Circuit Court of the
City of Virginia Beach, Virginia, in lfap Book 22 at page 20.
And it is our opinion that no inconvenience to the public would
R.ooEs ND W.I.O@ result in discoritinuing, closing and vacating the above-described street areas.
DATE:
- 1 8 -
IN THE @IATTER OF: CLOSING, VACATING
AND DISCONTINUING ALL OF SAWYER AVENUE
AND A PORTION OF BEE STREET PETITION
TO: THE @TAYOR AND THE MalBERS OF THE COUNCIL OF THE CITY OF VIRGINIA BEACH
Your petitioner, F. Wayne McLeskey, Jr., respectfully represents
as follows:
1. That pursuant to the provisions of Section 15.1-364 of the Code
of Virginia, 1950, as amended, the said petitioner applies for the vacating,
closing and discontinuing of those certain streets situate in the City of
Virginia Beach, Virginia, and being more particularly described as follows:
All of Sawyer Avenue and that portion of Bee Street which lies
to the east of the eastern right of way line of Bratten Avenue,
as shown on the plat of Maple Terrace, Lynnhaven Borough,
City of Virginia Beach, Virginia, which plat is recorded
in the Clerk's Office of the Circuit Court of the City of
Virginia Beach, Virginia, in Map Book 22 at page 20.
2. That no inconvenience will result to any person by reason of said
closing, vaca.tion and discontinuance of said streets and Petitioner prays
that this Honorable Council appoint viewers as provided by the aforesaid
statute to view these portions of said streets proposed to be closed, and
report in writing to the Pl.anning Commission of the City of Virginia Beach,
Virginia, on or before the 8th day of August, 1978, and subsequently to this
Council, wehther in the opinion of said viewers any, and if any, what incon-
venience would result in the discontinuance of said streets heretofore
described.
3.1 That on the /194, day of 1978, notices of the
presenting of this application were posted at the Court House at the Circuit
Court of the City of Virginia Beach, Virginia, and in two public places, as
evidenced by the affidavit of Donald H. Rhodes, Attorney for F. Wayne McLeskey,
Jr., attached hereto, and that the landowners along and adjacent to said
streets desire and request said streets to be closed, inasmuch as the petitione
herein is the abutting owner of all of said property.
F. WAYNE McLESKEY, JR.
By
(founs@f
W@@... Donald H. Rhodes
Rhodes and Watson
101 Yorktown Commerce Center
228 North Lynnhaven Road
Virginia Beach, Virginia 23452
1 9 -
6
5
i 4
LLJ 4
uj MAPI-E TE R f?,4 C E
cc IN t Q 0 2P, @'ll! I
BR,4TTEN AVENUE
2
LLJ
co
rr
19 ie 16
EA STERN SHORE CHAPEI- ROAD
0 3 11 A
8 10 5
SURVEY OF PROPERTY
FOR
EASTERN SHORE CHAIOCL
LYNNHAVEN BOROUGH-- VIRGINIA BEACH, VIRGINIA
Scole, /"zioo' September, 1977
;-,-, 1, -4, i ; , ,,, @ - ;@;,, @ t
, , / @, - ,- , .II L. @ 1i : " ,,,V4
c j@, lit I
ITEM #12353 -20-
On motion by Councilman Waterfield, seconded by Councilman McCoy,
and by recorded vote as follows:
Ayes: Councilmen Robert B. Cromwell, Jr., George R. Ferrell, John
R. Griffin, Mayor Clarence A. Holland, J. Henry McCoy, Jr., Council-
woman Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, Vice
Mayor Patrick L. Standing, and Floyd E. Waterfield, Jr.
Nays: None
Absent: Councilman John A. Baum
City Council voted to approve the recommendation of Mr. J. Dale
Bimson, City Attorney, to appoint Mr. Richard 11. Matthews as the
new Assistant City Attorney.
ITEM #12354
On motion by Councilman Waterfield, seconded by Councilman McCoy,
and by recorded vote as follows:
Ayes: Councilmen Robert B. Cromwell, Jr., George R. Ferrell, John
R. Griffin, Mayor Clarence A. Holland, J. Henry McCoy, Jr., Council-
woman Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, Vice
Mayor Patrick L. Standing, and Floyd E. Waterfield, Jr.
Nays: None
Absent: Councilman John A. Baum
City Council voted to approve the following ordinance to amend and
reordain Chapter 20, Article II, Division 6 of the Code of the City
of Virginia Beach pertaining to coin operated machines:
6 / 2 6 / 7 8
pay one-fourth ot one percent ot his gross receipts trom SUCM I)usiness tor tne
preceding calendar year in excess of $3,000.00.
The term "coin machine operator" shall not include a person, firm or
corporation owning less than three coin machines and operating such machines on
property owned or leased by such person, firm or corporation.
Section 20-114. Same -- List of Locations.
Upon making application for a license as a coin machine operator, the
applicant shall file with the commissioner of the revenue in duplicate, a list of
the locations of all such machines and devices sold, leased, rented or otherwise
furnished to or placed with others and, during the current license year, every
coin machine operator shall notify the commissioner of the revenue by writing in
duplicate, of all changes in locations of such machines and devices, within five
days after such changes are made.
- 2 1 -
AN ORDINANCE TO AMEND AND REORDAIN
CHAPTER 20, ARTICLE II, DIVISION 6
OF THE CODE OF THE CITY OF VIRGINIA
BEACH PERTAINING TO COIN OPERATED
MAC@lIfIES
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That Chapter 20, Article II, Division 6, of the Code of the City of
Virginia Beach is amended and reordained as follows:
1. By deleting the present Subdivision 1, Section 20-112 to 20-118
and substituting therefor the following:
Subdivision I - Coin Machine Operators
Section 20-112. Repealed
Section 20-113. Coin Machine Operators -- Levy of License Tax and Gross Receipts
Tax
Any person, firm or corporation selling, leasing, renting, or otherwise
furnishing or providing a coin operated machine or device operated on the coin-in-
the-slot principle anywhere in the city shall be deemed a coin machine operator, and
shall pay an annual license tax of $200.00.
In addition to such annual license tax any coin machine operator shall
pay one-fourth of one percent of his gross receipts from such business for the
preceding calendar year in excess of $3,000.00.
The term "coin machine operator" shall not include a person, firm or
corporation owning less than three coin machines and operating such machines on
property owned or leased by such person, firm or corporation.
Section 20-114. Same -- List of Locations.
Upon making application for a license as a coin machine operator, the
applicant shall file with the commissioner of the revenue in duplicate, a list of
the locations of all such machines and devices sold, leased, rented or otherwise
furnished to or placed with others and, during the current license year, every
coin machine operator shall notify the commissioner of the revenue by writing in
duplicate, of all changes in locations of such machines and devices, within five
days after such changes are made.
6 / 2 6 / 7 8
2 2 -
Section 20-115. Same -- Reoistration and Bond.
Every coin machine operator, before commencing doing business in the
city, shall register with the commissioner of the revenue and deposit with him
a bond in the amount of $1,000.00 payable to the city, to insure the keeping of
adequate records, the filing of reports in such form and at such times as may be
prescribed by the commissioner of revenue and the proper payment to the city of
the taxes imposed by Section 20-113. The form and surety of such bond shall be
determined by the commissioner of revenue.
Section 20-116. Repealed
Section 20-117. Marking of Machines With Name of Owner.
Every coin machine covered by this subdivision shall be plainly marked
by the owner thereof with the name and address of such owner.
Section 20-118. Penalty For Violation of Subdivision; Forfeiture of Machine or
Other Device.
Any person violating the provisions of this subdivision shall be guilty
of a misdemeanor and shall be subject to a fine of not less than fifty dollars nor
more than five hundred dollars for each offense and the machine or other device
shall become forfeited to the city.
2. By repealing Section 20-121 and Section 20-124 of Subdivision 11.
Adopted by the Council of the City of Virginia Bbach, Virginia on the
26 day of ,n e 1978.
ITEM #12355
On motion by Councilman Waterfield, seconded by Councilman McCoy,
and by recorded vote as follows:
Ayes: Councilmen Robert B. Cromwell, Jr., George R. Ferrell, John
R. Griffin, Mayor Clarence A. Holland, J. Henry McCoy, Jr., Council-
,,, @m@ , F . . @T. is Pn,ne . Po c!ei- i, . Ri E!Ers,. @li- ce
@llayor ?alrick L. slailciitig, arid Fioyd E. viaterfleid, Jr.--
Nays: None
:)Sent: Councilman John A. Baum
City Council voted to approve the following ordinance on first reading
to appropriate $11,500 to Sandbridge Fire Brigade, Inc., for building
addition and improvements; and further, approve the following ordinance
to appropriate $14,000 to Thalia Volunteer Fire Department for improve-
ments:
6 / 2 6 / 7 8
2 3 -
AN ORDINANCE TO APPROPRIATE $11,500
TO SANDBRIDGE FIRE BRIGADE, INC. FOR
BUILDING ADDITION AND IMPROVEMENTS
WHEREAS, the firefighters of Sandbridge Fire Brigade, Inc. in July
1977 completed a $39,000 addition to the temporary fire station which
had been prcvided by the city, and
WHEREAS, this addition was financed through funds obtained from
a combination of public solicitation ($23,000), receive funds ($6,000)
and a bank loan ($10,000) and
WHEREAS, the fire company now plans a fund drive to purchase
equipment and considers it improbable that sufficient funds can be
obtained to purchase the equipment and pay off the bank loan on the
building and,
WHEREAS, an appropriation of $11,500 to pay off the bank loan
and interest has been made by the fire company since the city is the
owner of the building, and
WHERFAS, City Council desires to assist the Sandbridge Fire
Brigade, Inc.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
That $11,500 be appropriated from General Fund Balance and paid
to the Sandbridge Fire Brigade, Inc. to repay the bank loan and interest.
For state authority see 15.1-.25
Cbde of Virginia, as amended.
First Reading: June 26, 1978
Second Reading:
Adopted by the Council of the City of Virginia Beach on the 6 / 2 67 8
day of 978.
2 4 -
AN ORDINANCE TO AI'PROPRIATE $14,000
TO THALIA VOLUNTEER FIRE DEPARTMENT
WHEREAS, Thalia Volunteer Fire Department plans to enlarge and
make improvements to the Thalia Fire Station including enlargement
of the kitchen area, the addition of a new shower and rest room
facilities, a meeting/recreation room and office space and,
WHEREAS, the company does not have sufficient funds for this
purpose and has requested a loan of $14,000 from the city, and
WHEREAS, it is the desire of the City Council to provide for
the continued betterment of the paid/volunteer members through increased
morale and,
WHERF-AS, City Council does not promote loan programs with
Volunteer Fire Companies,
NOW,THEREFORE,BE IT RESOLVTD BY COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That $14,000 is hereby appropriated from the General Fund Balance
for payment to Thalia Volunteer Fire Department for the purpose of
making the improvements.
First Reading: June 26, 1978
Second Reading:
Adopted by the Council of the City of Virginia Beach on the
day of 1 1978.
For state authority see 15.1-25
Code of Virginia, as amended.
6/26/78
ITEM #12356 -25-
On motion by Council..n Waterfield, seconded by Councilman McCoy,
and by recorded vote as follows:
Ayes: Councilmen Robert B. Cromwell, Jr., George R. Ferrell, John
R. Griffin, Mayor Clarence A. Holland, J. Henry McCoy, Jr., Council-
woman Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, Vice
Mayor Patrick L. Standing, and Floyd E. Waterfield, Jr.
Nays: None
Absent: Councilman John A. Baum
City Council voted to approve on first reading the following ordinance
to provide second year funding for the continuing education in Mental
Health and Aging Grant:
AN ORDINANCE TO PROVIDE
SECOND YEAR FUNDING FOR
THE CONTINUING EDUCATION IN
MENTAL HEALTH AND AGING GRANT
WHERE&S, the Department of Mental Health and Mental Retardation
desires to provide a selected group of professionals, paraprofessionals,
city officials, and community leaders with a training and educational
program in mental health and aging, and
WHEREAS, the Department of Health, Education, and Welfare will
provide second year funding in the amount of $26, 392, for this purpose.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
That the City Manager is hereby authorized to accept the grant
for the city, and funds are hereby appropriated for the following purpose:
Estimated Revenue Total
From Other Agencies Appropriations
Continuing Education in
Mental Health and Aging $26,392 $26,392
BE IT FURTHER ORDAINED that the appropriations will be financed by
$26,392 estimated revenue from the Department of Health, Education, and
Welfare.
FIRST RE&DING: June 26, 1978
SECOND READING:
iTEM #12357 -26-
On motion by Councilman Waterfield, seconded by Councilman McCoy,
and by recorded vote as follows:
Ayes: Councilmen Robert B. Cromwell, Jr., George R. Ferrell, John
R. Griffin, Mayor Clarence A. Holland, J. Henry McCoy, Jr., Council-
woman Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, Vice
Mayor Patrick L. Standing, and Floyd E. Waterfield, Jr.
Nays; None
Absent: Councilman John A. Baum
City Council voted to approve on first reading the following ordinance
to transfer funds from the General Fund to School Capital project fund
for appropriation to school projects:
AN ORDINANCE TO TRANSFER FUt4DS FROM
THE GENERAL FUND TO SCHOOL CAPITAL
PROJECT FUND FOR APPROPRIATION TO
SCHOOL PROJECTS
WHEREAS, the School Board of the City of Virginia Beach entered
into contracts for construction of several elementary and high schools
and,,
WHEREAS, funds were provided from proceeds of bond issues of prior
years for progress payments to contractors and,
WHEREAS, additional funds will be required from bonds planned to
be sold prior to December 31, 1978 and,
WHEREAS, the authorization of this bond issue is planned during
July 1978 so that Bond Anticipation Notes may be issued to provide
cash-flow until the sale of bouds in late 1978 and,
WHEREAS, funds are required for contractor payments prior to
June 30, 1978 ..
NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF TF.E CITI-7 OF VIRGINIA
BEACH, VIRGINIA:
That $1,650,000 be transferred from the General Fund to the School
Capital Projects Fund and appropriated for the -following projects:
l@1-404 Green Run Senior High School
#1-600 Brandon Junior High School 497,000
#1-607 White Oaks Elementary School 130,000
#1-805 Indian Lakes Elementary School 23,000
Total $1 650 000
BE IT FURTHER ORDAINED that the above amount will be deducted
@rom future funding that may be provided to the School Board,@ of the
City of Virginia Beach, Virginia.
First Reading: June 26, 1978
Second Reading:
Adopted by the Council of the City of Virginia Beach on the
day of 1 1978. 6 / 2 67 8
- 2 7 -
ITEM #12358
on motion by Councilman Waterfield, seconded by Councilman McCoy,
and by recorded vote as follows:
Ayes: Councilmen Robert B. Cromwell, Jr., George R. Ferrell, John
R. Griffin, Mayor Clarence A. Holland, J. Henry McCoy, Jr., Council-
woman Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, Vice
Mayor Patrick L. Standing, and Floyd E. Waterfield, Jr.
Nays: None
Absent: Councilman John A. Baum
City Council voted to approve on first reading the following ordinance
to accept $12,712 from the Southeastern Tidewater Area Manpower Authority
and to appropriate these funds:
AN ORDINANCE TO ACCEPT $12,712 FROM
THE SOUTHEASTERN TIDEWATER AREA MAN-
POWER AUTHORITY AND TO APPROPRIATE
THESE FUNDS
WHEREAS, the City Council, on March 71 1977, approved $34,173 in
initial funding for the City's current Title II Employment Program under
the Comprehensive Employment and Training Act of 1973 (CETA), and
WHEREAS, the City Council, on June 13, 1977, approved $584,335 in
additional funding, of which only $580,926 was actually appropriated, due
to a reductiorl of available funds by the Department of Labor, and
WHEREAS, the Southeastern Tidewater Area Manpower Authority (STAMA)
has now approved $12,712 in additional funding, which the City wishes to
accept.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
That the City Manager is hereby authorized to accept the grant
for the City, and funds are hereby appropriated for the following purpose:
Estimated Revenue Total
From Other Agencies Appropriations
CETA-Title II 712 $12,712
BE IT FURTHER ORDAINED that the appropriations will be financed 100%
by federal funds from STAMA, with no local match required.
FIRST READINO: June 26, 1978
SECOND READING:
Adopted by the Couiicil of the City of Virginia Beach on the
dav of . 1978. 6-/ 2 6
2 8 -
ITEM #12359
On motion by Councilman Waterfield, seconded by Councilman McCoy,
and by recorded vote as follows:
Ayes: Councilmen Robert B. Cromwell, Jr., George R. Ferrell, John
R. Griffin, Mayor Clarence A. Holland, J. Henry McCoy, Jr., Council-
woman Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, Vice
Mayor Patrick L. Standing, and Floyd E. Waterfield, Jr.
Nays: None
Absent: Councilman John A. Baum
.City Council voted to approve the following ordinance to allocate an
additional position for the Community Development Grant Program:
AN ORDINANCE TO ALLOCATE AN
ADDITIONAL POSITION FOR THE
COMMUNITY DEVELOPMENT GRANT
PROGRAM
WHEREAS, City Council approved the second year's
funding for the Community Dbvelopment Program on April 4, 1977;
and
WHEREAS, the Community Development Program requires
an additional temporary employee to assist in conducting a
community and housing needs assessment survey for the community
development target areas located within the City; and
WHEREAS, Section 2 of the appropriation ordinance for
fiscal year 1978-1979 requires City Council approval for new
personnel positions not set forth therein.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE
CITY OF VIRGINIA BEACH, VIRGINIA:
That the following temporary personnel position be
added to the Grants Office for the Community Development Program.
1 FIELD SURVEY COORDINATOR
That the position will be financed from existing funds
in the Program's second year's funding.
Adopted by the Council of the City of Virginia Beach
on the 26 day of June 1 1978. 6/26/78
3 0 -
Section 9. Conduct of Business
The Virginia Beach Arts and Humanities Commission shall adopt suit-
able by-laws, rules and regulations for the condtact of its business not
inconsistent with this ordinance and Robers Rules of Order.
Section 10. Purpose
The purpose of the Virginia Beach Arts and Humanities Commission is
to serve in an advirsory capacity to the City Council; to stimulate interest
in the arts and the humanities in the City and to serve as the coordinating
group through which all funds should be channelled by the City to any organiza-
tion whose interests come within the scope of the Commission.
The Commission shall also serve to coordinate efforts to secure
federal and state funding for programs in the arts and humanities.
The scope of this Commission is limited to such groups which shall
have as their chief purpose the community-wide promotion of arts and the
humanities, and who qualify as charitable, non-profit (registered) tax exempt
groups, provided, such institution or association is not controlled in whole
or in part by any church or sectarian society.
Section 11. Reports
The Virginia Beach Arts and Humanities Comniission shall make such
reports to the City Council on the following dates of each year and provide
their recommendations to City Council from time to time as may be required.
1) Budget recommendations for each ensuing fiscal
year by December 31 of each calendar year.
2) Such financial reports as directed by the Director
of Finance.
Section 12. Conflict
Any ordinance in conflict herewith is hereby expressly repealed.
Adopted by the Council of the City of Virginia Beach on the 26
day of June 1978.
6 2 6 7 8
-z9-
ITEM #12360
On motion by Councilman Waterfield, seconded by Councilman McCoy,
and by recorded vote as follows:
Ayes: Councilmen Robert B. Cromwell, Jr., George R. Ferrell, John
R. Griffin, Mayor Clarence A. Holland, J. Henry McCoy, Jr., Council-
woman Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, Vice
Mayor Patrick L. Standing, and Floyd E. Waterfield, Jr.
Nays: None
Absent: Councilman John A. Baum
City Council voted to approve the following ordinance ratifying
and confirming the creation of the Virginia Beach Arts and Humanities
Commission and providing for its composition, terms of members, con-
duct of business, etc.:
AN ORDINANCE RATIFYING AND CONFIRMING
THE CREATION OF THE VIRGINIA BEACH ARTS
AND HUMANITIES COMMISSION AND PROVIDING
FOR ITS COMPOSITION, TERMS OF MEMBERS,
CONDUCT OF BUSINESS, ETC.
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA:
Section 1. Creation
There is hereby created a Commission to be known as The Virginia Beach
Arts and Humanities Commission.
Section Com osition
The Virginia Beach Arts and Humanities Commission shall consist of
eleven members appointed by City Council. The members of the Commission shall
be residents of the City. The City Manager or his designate shall be a non-
voting exofficio member of the Commission.
Section 3. Terms of Members
The terms of the appointed members shall be for two years. They shall
hold office during their respective terms at the pleasure of the City Council or
until their successors are appointed.
Section 4. Vacancies
All vacancies of the Virginia Beach Arts and Humanities Commission
occurring by reason of resignation, removal, or otherwise shall be filled by
appointment by the City Council for the remainder of the unexpired term.
Section 5. Election of Officers: Terms
The members of the Virginia Beach Arts and Humanities Commission shall,
immediately after their appointment, meet and organize. They shall elect from
the appointed members, a chairman and vice chairman and such other officers
thereof if any may be necessary and they will serve for terms of one year.
Section 6. Meetings
The Virginia Beach Arts and Humanities Commission shall meet at least
monthly in regular session.
Section 7. Quorum
A majority of the members of the Virginia Beach Arts and Humanities
Commission shall constitute a quorum for the transaction of business.
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6 2 6 7 8
- 4 2 -
ITEII #12361
On motion by Councilman Waterfield, seconded by Councilman McCoy,
and by recorded vote as follows:
Ayes: Councilmen Robert B. Cromwell, Jr., George R. Ferrell, John
R. Griffin, Mayor Clarence A. Holland, J. Henry McCoy, Jr., Council-
woman Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, Vice
Mayor Patrick L. Standing, and Floyd E. Waterfield, Jr.
Nays, None
Absent: Councilman John A. Baum
City Council voted to adopt the following resolution requesting the
Virginia Department of Highways and Transportation to program the
construction of the improvements of Holland Road - Phase III - from
0.107 miles south of its intersection with Rosemont Road to 0.108
miles north of its intersection with Lynnhaven Parkway.
E @ -3 L U T I 0 :1
WHEREAS, the Virginia Departiqent of Iligliwa,ys aild Transportation lias
indicated itS Willingness to itiitiate the irlprovenient of Ilolland Road - Phase
III in the City of Virginia Beach; and
WHEREAS, the contemplated improvenient is urgeitly needed and is in
consonance with the Southeastern Regional Master Transportation Plan.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGIIIIA:
That, the Virginia Department of Highways and Transportation is
hereby requested to prograni the construction of the improvement of liolland
Road - Phase Ill from 0.107 roiles south of its intersectioti 1/24itli Rosemont
Road to 0.108 miles north of its intersection @lith Lynnhaven Parkt-lay.
BE IT FURTHER RESOLVE;), tliat the City of Virginia Beach does hereby
agree to pay ten percen" (10"') of the construction cost of said oroject, and
one hundred percent (100") of the engineering design, ri(ilit of way acquisi-
tion and teil percent (10%) of the utility relocation costs and adjust,,nent of
said project, according to Highviay De.oartment policy, and the necessary flinds
will be appropriated for these purposes.
AtID BE IT FLIRTHER RESOLVED, that the City of ',Iirgitiia Beach agrees
that if such project is established and Virginia Beach deci@es at any time
not to proceed ftirther with it, then, by this resolution, Virginia Beacii
agrees to reimburse the Highway Departrient for one hutidred percent (100%) of
the cost incurred for saicl project, up to the ti!.le of its abandonment.
6 2 6 7
- 4 3 -
ITEM #12362
On motion by Councilman Waterfield, seconded by Councilman McCoy,
and by recotded vote as follows:
Ayes: Councilmen Robert B. Cromwell, Jr., George R. Ferrell, John
R. Griffin, Mayor Clarence A. Holland, J. Henry McCoy, Jr., Council-
woman Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, Vice
Mayor Patrick L. Standing, and Floyd E. Waterfield, Jr.
Nays: None
Absent: Councilman John A. Baum
City Council voted to approve the renewal request of the Redwing
Lake Ladies Golf Association for a Bingo/Raffle permit.
ITEM #12363
On motion by Councilman Waterfield, seconded by Councilman McCoy,
and by recorded vote as follows:
Ayes: Councilmen Robert B. Cromwell, Jr., George R. Ferrell, John
R. Griffin, Mayor Clarence A. Holland, J. Henry McCoy, Jr., Council-
woman Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, Vice
Mayor Patrick L. Standing, and Floyd E. Waterfield, Jr.
Nays: None
Absent: Councilman John A. Baum
City Council voted to approve the following tax refunds in the
amount of $1,242.79:
6 / 2 6 / 7 8
4 4 -
AN OlwIt,'IUi(@L' Date 6-13-78 RR-
UPO'4 APPI,ICATIO,'@ OF C)@@@I'A[@l Pi-,RSO':s
AND UPON' (.Eit'EIFICATIO',@f 01-' TEIL'
FOR PAYI-iEt!T
BE IT O@UAlt'ED BY TIIE COUNCII. OF TI[E-. CTRY OF BLACEI, VIrlrINIIA:
Thzit the following applications for tax refund-- upga certification Of tile
Treasurer are hereby approved:
242.79
TAX TYPE TICKET EXON'ER-41- DAT--
YEAR OF TAX @,LBER TIO'4 N-0. P-',ID PENKLTY It@T. TOI'AL
Va. National Bank 1978 RE1/2 66181 11-30-7-,
200.10
Norfolk & Southern RY 1977 PSTP 16 6-10-77 8.00
21 - 4.00
22
3.00-
1977 PSRE 38 104.00
Princess Anne Propertie 1978 RE1/2 52340' 5-9-78 451. 34
PE2/2 429@.-"85
Hargis T. Brewer 1978 Park. 67797 4-25-78 .5.oo-
Tick.
ThomA's S. Lewis 1978 CD 83758 3-31-78 7.50
McCbrd & Young Inc. 1978 CD 74354 1-27-78 7.50
P.-F. Avant Jr. 1978 CD 65429 1-17-78 7.50z
Stahley Graber 1978 CD 51724 1-3-78 7.50
Michael A. Feniello 1978 CD 84728 4-28-78 7.50
The above abatement(s) totaling Jr. Iied as tO pa
$1,242,79 were approved by yment
the Council at the City of Virginia
Bea e 26 day of June
Jpllii T. ATKINSSONTre surer
VP clov 0 form:
ic bon, itity Clerk
ITEM #12364
On motion by Councilman Waterfield, seconded by Councilman McCoy,
and by recorded vote as follows:
Ayes: Councilmen 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, Ro@.er L. Riggs, Vice Mayor
Patrick L. Standing, and Floyd E. Waterfield, Jr.
Nays: None
Absent; Councilman John A. Baum
City Council voted to approve the following ordinance to amend Section
2-7 of the Code of the City of Virginia Beach relating to regular Council
meetings: when and where held:
AN ORDINANCE TO AMEND SECTION
2-7 OF THE CODE OF THE CITY OF
VIRGINIA BEACH, VIRGINIA, RELATED
TO REGULAR COUNCIL MEETINGS: WHEN
AND WHERE HELD
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
Regular meetings of the Council shall be held in the
Administration Building, Municipal Center., Virginia Beach,
Virginia, on the first, second, third and fourth Mondays of each
month at one o'clock P.M., unless such date shall fall upon a
legal holiday, in which case the meeting will be held on the next
succeeding day which is not a holiday and at the same hour except
as otherwise provided by special resolution of the Council.
However, in July o
regular Council meeting on the last two Mondays of the month.
This ordinance shall be effective from date of adoption.
Adopted by the Council of the City of Virginia Beach
on the 26th day of June 1978.
6 / 2 67 8
- 4 6 -
ITEM #12365
On motion by Councilman Waterfield, seconded by Councilman McCoy,
and by recorded vote as follows:
Ayes: Councilmen Robert B. Cromwell, Jr., George R. Ferrell, John
R. Griffin, Mayor Clarence A. Holland, J. Henry McCoy, Jr., Council-
woman Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, Vice
Mayor Patrick L. Standing, and Floyd E. Waterfield, Jr.
Nays; None
Absent: Councilman John A. Baum
City Council voted to approve the request of Mr. John T. Atkinson,
City Treasurer, to charge-off the following uncollected checks in
the amount of $357.96:
would like permission of the City Council of the City of Virginia Beach to charge off the
llowing uncol.lectable checks:
n R. Ingram, Sr. 60.00 Mental Health Check date: 3/14/78
8 King Richard Dr. Federal Program, unable to
Beach, Va. 23452 prosecute Mental Health
advised.
even L. Meiss 22.56 Parks & Recreation Check date: 2/26/78
7 Constitution Dr. Unable to locate. Warrant
Beach, Va. 23462 issued.
orgia C. Burton 6.00 Parks & Recreation Check date: 10/31/77
3 Paladin Drive Moved out of state.
. Beach, Va. 23452
e Contractors 2.40 Refuse Check date: 3/30/78
6 Little Bay Ave. Apt G 2.00 Refuse Check date: 3/24/78
rfolk, Va. 23503 Unable to locate.
rienne J. Miller 15.00 School Board Check date: 1/9/78
7 Cedarwood Ct. Apt 101 Unable to locate.
. Beach, Va. 23454
bert Wagner @20.00 School Board Check date: 2/18/78
1 21st St. #3 Unable to locate.
. Beach, Va. 23451
rraine @this 5.00 Parking Ticket Check date: 7/28/77
2 A Old Dam Neck Rd. Unable to locate.
. Beach, Va. 23454
rian Cartaya 5.00 Parking Ticket Check date: 12/7/77
00 Fountain Lake Place Moved out of state.
Beach, Va. 23451
seph W. Whelehan 6.50 Animal Control Check date: 12/29/77
27 Shasta Ct.- Warrant issued. Unable to
. Beach, Va. 23452 locate.
sa G. Dauphinee 65.00 Animal Control Check date: 1/24/78
4 Aragona Blvd. Warrant issued. Unable to
Beach. Va. 23462 locate.
ley Anne Blowney 7.00 Animal Control Check date: 11/9/77
76 Malibu Palm Dr. #204 Unable to locate
Beach, Va. 23452
rothy D. Noetzel 6.50 Animal Control Check date: 12/19/77
00 New Colony Dr. Unable to locate
. Beach, Va. 23462
rnard Williams 15.00 City Decal Check date: 1/23/78
0 Burr Oak Circle Warrant issued. Unable to
. Beach, Va. 23454 locate.
4 7
Application of John Dabul for a Conditional Use Permit for bicycle, raft,
umbrella and beach chair rentals on ce tain property located on the East
side of Atlantic Avenue, 100 feet South of 18th Street on property of
Dolphin Atwater flotel. Said parcel contains 7500 square feet. VIRGINIA
BEACH BOROUGH.
Planning Commission Recommendation:
A motion was passed unanimously by the Planning Commission by a recorded
vote of 11 to deny this request.
Mr. R. W. Chaplain, Sr., appeared in opposition
On motion by Councilman Riggs, seconded by councilman Payne, and by
recorded vote as follows:
Ayes: Councilmen Robert B. Cromwell, Jr., George R. Ferrell, John
R. Griffin, mayor Clarence A. Holland, J. Henry McCoy, Jr., Council-
woman Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, Vice
Mayor Patrick L. Standing, and Floyd E. Waterfield, Jr.
Nays: None
Absent: Councilman John A. Baum
City Council voted to permit the withdrawal of the ab,ve application
of John Dabul for a Conditional Use Permit for bicycle, raft, umbrella
and beach chair rentals on certain property located on the East Fide
of Atlantic Avenue, 100 feet South of 18th Street on property of Dolphin
Atwater Hotel. Said parcel contains 7500 square feet. Virginia Beach
Borough.
6 / 2 6 / 7 8
- 4 8 -
ITEM #12367
Petition of Coite B. Rudacil and Robert C. Sewell for a Chanqe of Zoninq
District Classification from R-4 Residential Distr-ict fo--2 Apartent
District on ceftai-n @roperty located on the North sid-. of Wishart Road
beginning at a point 420 feel ircii@e or less East of Independence Boulevard,
running a distance of 291.30 feet aicng the North side of Wishart Road,
running a distance of 77.75 feet in a Nc)rthe@-ly clii-Lctio@l, ruvining a
distance of 70.80 feet iii a Nf)y@@@iwesterly dit-e.(-tion, runnilig a distarice of
101.45 feet in an Easterllxl dir(!ction, i-uiiniiig a distance of 150 feet ii, a
Northerly direction, t,urining a distarice of 39.20 feet iri a Northwesterly
direction, rutining a disl-r!nc- of 120.60 feet iii a Nort@ieasterly direction,
running a distance of 159.96 feet aloiig ttie No@,thern proper-ty line and
running a distance of 6',-@,0,71 ti?et alo,io t@lie Wester(i l@ne. Said
parcel contains 2.0-I'l 13A@'SIF)E
Planning Commission Recornmeridatioii:
A motion was passed utianimously !)y the Planning Commission by a recorded
vote of 12 to appi-ove t[tis reqliest witli a rr)odification to R-9 Residential
District, subject to the following conditioris:
In conjunction wit@i the intendecj' i@se of t@he land, t.he following conditions
will be met:
1. Standard iuiproveitients as required by the Site Plan Ordinance.
p q4 I 1
2. City water and s-wer . be required at the time of site plan revie@,.
3. A sewage plimp station is required.
4. Right-of-way- improvements are necessary along Wishart Road, which
includes pavement widening, curb and gutter, sidewalk, and drainage
facilities.
5. The necessary downstream drainage improvements and easements will be
reqLjired.
Prior to the change of the official zoning map, the following condition
will be met:
1. A dedication of right-of-.way 30 feet from the center,line of the
existing 30 foot right-of-way along the 291.30 foot frontage on
Wishart Road (a 15 foot dedication).
@/26j78
Mr. H. Calvin Spain, Attorney, represented the petitioner
-49-
Th6 following appeared in opposition:
Mrs. Jane Myers
Captain T. W. Baker
After considerable discussion Councilman Griffin made a motion,
seconded by Mayor Holland to approve the above petition of Coite
B. Rudacil and Robert C. Sewell for a Change of in District
Classification from R-4 Residential District to R-9 Residential
Townhouse District.
Vice Mayor Standing offered a substitute motion, seconded by
Councilwoman Oberndorf, to defer this matter until the developer's
other petition comes before Council in August. The recorded vote
is as follows:
Ayes: Councilmen Robert B. Cromwell, Jr., George R. Ferrell, J.
Ilenry McCoy, Jr., Councilwoman Meyera E. Oberndorf, J. Curtis Payne,
Roger L. Riggs, and Vice Mayor Patrick L. Standing
Nays: Councilmen John R. Griffin, Mayor Clarence A. Holland, and
Floyd E. Waterfield, Jr.
Absent: Councilman John A. Baum
City Council voted to defer until August the above petition of Coite
B. Rudacil and Robert C. Sewell for a Change of in District
Classification from R-4 Residential District to R-9 Residential
Townhouse District (modified from A-2 Apartment District) on certain
property located on the North side of Wishart Road beginning at a
point 420 feet more or less East of Independence Boulevard, running a
distance of 291.30 feet along the North side of Wishart Road, running
a distance of 77.75 feet in a Northerly direction, running a distance
of 70.80 feet in a Northwesterly direction, running a distance of 101.45
feet in an Easterly direction, running a distance of 150 feet in a
Northerly direction, running a distance of 39.20 feet in a Northwesterly
direction, running a distance of 120.60 feet in a Northeasterly direction,
running a distance of 159.96 feet along the Northern property line and
running a distance of 600.71 feet along the Western property line. Said
parcel contains 2.077 acres. Bayside Borougb.
6 / 2 6 / 7 8
- 5 1 -
ITEM #12369
Mr. Mike Inman appeared in favor of the closure.
Mr. Edward T. Caton, III, appeared in opposition.
On motion by Councilman McCoy, seconded by Councilman Griffin, and
by recorded vote as follows:
Ayes: Councilmen George R. Ferrell, John R. Griffin, Mayor Clarence
A. Holland, J. Henry McCoy, Jr., J. Curtis Payne, Roger L. Riggs,
and Vice Mayor Patrick L. Standing
Nays: Councilman Robert B. Cromwell, Jr., and Councilwoman Meyera
E. Oberndorf
Abstain: Councilman Floyd E. Waterfield, Jr.
Absent: Councilman John A. Baum
City Council voted to approve the following ordinance closing,
vacating and discontinuing a portion of Old Providence Road in
the Kempsville Borough of the City of Virginia Beach, subject
to the following conditions:
1. Dedication of the necessary utility easements
for the 16-inch water main located within the
area proposed for closure.
2. Dedication of the necessary private utility
easements for the existing telephone lines and
VEPCO overhead electrical line located within
the area proposed for closure.
3. Provision of a site plan indicating an accept-
able relocated turn-around on Old Providence
Road, as well as the dedication of the necessary
right of way and improvements of the relocated
turn-around to standards equal to that of the
present turn-around. 6/26/78
-@0-
ITEM #12368
Appi cation of S. and Alma V.Johnson for a Conditional Use Permit
for a duplex on certain property located on the Souih side of Indian River
Road beginning at a point 1010 feet more or less East of Princess Anne
Road, running a distance of 15 feet along the South side of Indian River
Road, runnirig a distance of 1376.80 feet along the Easter@i property line,
running a distance of 573.60 feet in a Northwesterly direction, running a
distance of 428.67 feet in a Northeasterly direction, running a distance of
379.46 feet in a Southeasterly dii,ection and running a distance of 828 feet
in a Northerly direction. Said parcel contains 5.001 acres. PLINGO
BOROUGH.
Planning Comalission Recommendation:
A motion was passed Linaniriiously by t@ie Planning Commission by a recorded
vote of 12 to approve this reqiiest, stibject to the following conditions:
1. Standard iaiproveinents as required by tlie Site Plan Ordinance.
2. Soil evaluation indicates a riiinimtjin of 3 acres will be necessary for
septic tank appr,oval.
Mr. George S. Johnson appeared in his own behalf
on motion by Councilman Waterfield, seconded by Councilman Riggs, and
by recorded vote as follows;
Ayes: Councilmen Robert B. Cromwell, Jr., George R. Ferrell, John R.
Griffin, Mayor Clarence A. Holland, J. lienry McCoy, Jr.,
J. Curtis Payne, Roger L. Riggs, Vice Mayor
Patrick L. Standing, and Floyd E. Waterfield, Jr.
Nays: COUNCILWOMAN MEYERA E. OBERNDORF
Absent: councilman John A. Baum
City Council voted to adopt the following resolution upon application
of George S. and Alma V. Johnson for a Conditional Use Permit for a
duplex:
RESOLUTION UPON APPLICATION OF GEORGE S. AND R0678194
ALMA V. JOHNSON FOR A CONDITIONAL USE PERMIT
FOR A duplex
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA, that:
Application of George S. and Alma V. Johnson for a Conditional Use
Permit for a duplex on certain property located on he Soth si@e
of Indian River R6ad beginning at a point 1010 feet more or less
East of Princess Anne Road, running a distance of 15 feet along
the South side of Indian River Road, running a distance of 1376.80
feet along the Eastern property line, running a distance of 573.60
feet in a Northwesterly direction, running a distance of 428.67
feet in a Northeasterly direction, running a distance of 379.46
feet in a Southeasterly direction, running a distance of 828 feet
in a Northerly direction. Said parcel contains 5.001 acres. Pungo
Borough.
Approval of this request is subject to the following conditions:
1. Standard improvements as required by the Site Plan
Ordinance.
2. Soil evaluation indicates a minimum of 3 acres will
be necessary for septic tank approval.
This resolution shall be effective upon date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia,
on the 26 day of June 1978.
6 / 2 6 / 7 8
5 2 -
IN THE MATTER OF CLOSING, VACATING AND
DISCONTINUING A PORTION OF THAT CERTAIN
STREET OF VARIABLE WIDTH KNOWN AS OLD
PROVIDENCE ROAD, AS SHOWN ON THAT CERTAIN
PLAT ENTITLED "PLAT SHOWING PROPERTY ON
INDIAN RIVER ROAD AND PROVIDENCE ROAD FOR
SUN OIL COMPANY",DATED SEPTEMBER 7, 1977,
MADE BY HASSLE AND FOLKES, SURVEYORS AND
ENGINEERS, PORTSMOUTH, VIRGINIA
P E T I T I 0 N
TO: THE MAYOR AND THE MEMBERS OF THE CITY COUNCIL
OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Your Petitioner, Sun oil Company of Pennsylvania, respect-
fully represents as follows:
1. That pursuant to the provisions of SS15.1-364 of the
Code of Virginia, 1950 as amended, the Petitioners applied for
the vacating, closing and discontinuance of a portion of a
certain street or lane, which is more particularly described
as follows:
ALL that certain street or lane, situate in the
Borough of Kempsville, City of Virginia Beach,
known as a portion of Old Providence Road as
shown on a Plat entitled "Plat Showing Property
Located on Indian River Road and Providence Road
for Sun Oil Company", dated September 7, 1977,
made by Hassell & Folkes, Surveyors and Engineers,
Portsmouth, Virginia, a copy of said Plat having
been filed with the Application for Street Closure
at the Planning Department, Municipal Center,
City of Virginia Beach, Virginia.
2. That Petitioner is fee simple owner of the parcel of
land which abuts the subject street or lane on the North side.
3. That no inconvenience will result to any persons by
reason of the said closing, vacation and discontinuance of the
said street or lane, and the Petitioner prays that this Honorablell
Council appoint viewers as provided by law to view this street
or land proposed to be closed and to report in writing to the I
Council on or before the 14th day of November, 1977, whether,
in the opinion of the said viewers, any, and if any, what,
HOLLADAY, INMAN inconvenience would result from the discontinuance of the saiu
& OLIVIER]
All.,..,@ .1 L.@ street or lane heretofore described.
VIRGINIA BEACH, VIRGINIA
6/26/78
5 3 -
4. That on the 2/@l-day of September, 1977 Notices of
the presenting of this Application were posted at the Courthouse
of the Circuit Court of the City of Virginia Beach, on the
premises to be closed, and at the City Hall Annex, 19th Street
and Arctic Avenue, Virginia Beach, Virginia, as evidenced by
the Affidavit attached hereto, along with a copy of said Notice.
Respectfully submitted,
SUN OIL COMPANY OF PENNSYLVANIA
By: )W, L,,L@
Of Counsei
Michael A. Inman
HOLLADAY, INMAN & OLIVIERI
Suite 211, Pembroke Four
Pembroke office Park
Virginia Beach, Virginia 23462
Adopted by the Council of the City of Virginia Beach, Virginia,
on the 26 day of June 1 1978.
Approval subject to the following conditions:
1. Dedication of the necessary utility easements
for the 16-inch water main located within the area
proposed for closure.
2. Dedication of the necessary private utility
easements for the existing telephone lines and
VEPCO overhead electrical line located within
the area proposed for closure.
3. Provision of a site plan indicating an accept-
able relocated turn-around on Old Providence Road,
as well as the dedication of the necessary right
of way and improvements of the relocated turn-
around to standards equal to that of the present
turn-around.
HOLLADAY, INMAN
& OLIVIERI
All.l..,@ .1 L.@ i
IRIINIA BEACH, VIRGINIA
6 2 67 8
5 4 -
ORDINANCE APPOINTING
VIEWERS
WHEREAS, SUN OIL COMPANY OF PENNSYLVANIA has given due
and proper notice, in accordance with the statutes for such cases@
made and provided, that they will, on this day, apply to the
City Council of the City of Virginia Beach, Virginia, for the
appointment of Viewers to view the below described property ana
report in writing to the Council whether, in the opinion of
said Viewers, any, and if any, what, inconvenience would result
from the discontinuing of the hereinafter described street or
lane, and has filed such Application with the said Council;
Now, therefore, BE IT ORDAINED BY THE COUNCIL OF THE
CITY OF VIRGINIA BEACH VIRGINIA,
That, C. Oral Lambert, George E. Tinneg, n@d
Robert J. Scott
are hereby appointed to view the below described property and
report in writing to the Council on or before November 14, 1977,
whether in their opinion any, and if any, what inconvenience
would result from the discontinuing, closing and vacating of a
certain street or land, located in the Kempsville Borough of U.@
City of Virginia Beach, Virginia, and more particularly describedi
as follows:
ALL that certain street or lane, situate in the
Borough of Kempsville, City of Virginia Beach,
known as a portion of old Providence Road as
shown on a Plat entitled "Plat Showing Property
Located on Indian River Road and Providence Road
for Sun Oil Company", dated September 7, 1977,
made by Hassell & Folkes, Surveyors and Engineers,
Portsmouth, Virginia, a copy of said Plat having
been filed with the Application for Street Closure
at the Planning Department, Municipal Center, City
of Virginia Beach, Virginia.
HOLLADAY, INMAN
& OLIVIERI
IRGINIA BEACH, VIRGINIA
6/26/78
5 5 -
ORDINANCE NO.
AN ORDINANCE CLOSING, VACATING
AND DISCONTINUING A PORTION OF OLD
PROVIDENCE ROAD IN THE KEMPSVILLE BOROUGH
OF THE CITY OF VIRGINIA BEACH, VIRGINIA
WHEREAS, proper notice that Sun Oil Company of Pennsyl-
vania would make application to the City Council of the City
of Virginia Beach, Virginia to have the hereinafter street or
lane closed, vacated and discontinued was duly posted; and
WHEREAS, application was made to the City Planning Commis-
sion and to the City Council, and pursuant to the statutes 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
WHEREAS, it is the judqment of the Council that the said
street or lane should be closed, vacated and discontinued;
NOW, THEREFORE, be it ORDAINED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA:
That the said street or lane described below located
in the Kempsville Borough of the City of Virginia Beach, Virgin-
ia, is hereby closed, vacated and discontinued, said street or
lane not being needed for public use:
ALL that certain street or lane, situate in the
Borough of Kempsville, City of Virginia Beach,
known as a portion of Old Providence Road as
shown on a Plat entitled "Plat Showing Property
Located on Indian River Road and Providence Road
for Sun Oil Company", dated September 1, 1977,
made by Hassell & Folkes, Surveyors and Engineers,
Portsmouth, Virginia, a copy of said Plat having
been filed with the Application for Street Closure
at the Planning Department, Municipal Center, City
of Virginia Beach, Virginia.
That thirty (30) days after this date a copy of this
ordinance, certified by the Clerk, be spread upon the public
records in the Clerk's Office of the Circuit Court of this City
and indexed in a like manner as a deed of lands, in the name of
HOLLADAY, INMAN the City of Virginia Beach as grantor and Sun Oil Company of
& OLIVIERI
IRGINIA BEACH, VIRGINIA Pennsylvania as grantee.
The cost of recordation shall be at the expense of the
petitioner.
6 2 67 8
I i L 11 t I Z -5 / U- @ u -
Mr. Donald Washburn appeared before Council for the purpose of
appealing the relief from certain conditions imposed under the
terms of the rezoning of the petition of Donald E. Washburn and
Jarrold W. Hutton for a zoning change from R-6 to A-2.
Mr. Washburn stated he did not question the conditions as he felt
the implementation would be based on a site plan at the time of
development, and would give some practical consideration to the
type of development done on this parcel.
Mr. Washburn stated he was developing this for apartments, and
requested Council to clarify the requirements for the improvements
of "B" and "C" Streets, as a separate condition on top of site plan
improvements, in that a few days after receiving Council's approval
he went to the Planning Department to determine what would be necessary
to put the plat to record and meet the requirements of vacating the lot
lines, and was told to draw a final subdivision plat and submit it for
signatures of the Planning and Public Works Departments.
After doing so, Mr. Washburn was informed that since he was vacating
lot lines he was creating a subdivision and thus was subject to the
subdivision ordinance. As a result, the Department of Public Works
expected Mr. Washburn to improve "B" and "C" Streets, and accesses,
before going to record, or post a 100% improvement bond in order to
put this plat to record.
After discussing the matter with tiie City Manager, Mr. Washburn was
informed that he could put the plat to record provided he place a
note on the plat stating that:
6 / 2 67 8
- 5 7 -
"The Subdividor of this property will be responsible
for the provision of full street improvements along
the frontage of "B" and "C" Streets, and standard
turn-arounds at the end of these streets, and, also,
the necessary off-site improvements to give access
to this property in accordance with the conditions
established for the rezoning of this property by
City Council on April 10, 1978, at the time of the
review of the site plan and the intended use of the
property."
Vice Mayor Standing stated that he could see Mr. Washburn's problems
as the City is requiring full street improvements, curb and gutter on
both sides, plus, the extension of water and sewer lines to his pro-
perty.
Vice Mayor Standing further stated that minimum street and pavement
improvements should be made in front of the lots, with curb and gutter
on his side of the street on the property he is going to develop.
The City Manager stated he had talked with Mr. Washburn and thought
the matter had been resolved to Mr. Washburn's satisfaction, and what
has been told to Mr. Washburn today had been indicated to him by the
engineer.
ITEM #12371
Mr. William R. Wahab, Attorney, representing Kathryne V. Yeates in
the matter of a subdivision variance of property designated as Parcel
A and B of William G. Yeates, Jr., appeared before Council requesting
an appeal of the variance which was denied by the Planning Commission
on May 9, 1978.
After considerable discussion, it was referred to the City Manager
to handle administratively.
ITEM #12371a,
On motion by Vice Mayor Standing, seconded by Councilman Riggs,
and by recorded vote as follows:
Ayes: Councilmen Robert B. Cromwell, Jr., George R. Ferrell, John
R. Griffin, Mayor Clarence A. Holland, J. Henry McCoy, Jr., Council-
woman Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, Vice
Mayor Patrick L. Standing, and Floyd E. Waterfield, Jr.
Nays: None
Absent: Councilman John A. Baum
City Council voted to reappoint the following to the Minimum Housing
Board of Appeals for terms of two years, beginning July 1, 1978, and
terminating June 30, 1980:
Mrs. Robert R. Romulus
Mr. W. H. Kitchin, III
Mr. D. Victor White
City Council further voted to appoint the following to the Minimum
HoLsing Board of Appeals for terms of two years, beginning July 1,
1978, and terminating June 30, 1980:
Mr. Floyd E. Waterfield, Jr.
Mr. John Blankenship
These two gentlemen are replacing Mr. Earl M. Tebault and Mr. Kenneth
Whitehurst.
6 / 2 6 / 7 8
- 5 8 -
ITEM #12372
Councilwoman Oberndorf nominated Mrs. Nancy Lowe to the Wetlands
Board to fill the unexpired term of Reverend Robert Newland, which
expires on September 17, 1978.
Councilman Ferrell nominated Thomas Holland, seconded by Councilman
McCoy, to the Wetlands Board t,, fill the unexpired term of Reverend
Robert Newland, which expires September 17, 1978.
Councilman Griffin made a motion, seconded by Councilman Waterfield,
that the nominations be close. The recorded vote is as follows:
Ayes: Councilmen Robert B. Cromwell, Jr., George R. Ferrell, John R.
Griffin, Mayor Clarence A. Ilolland, 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: Councilman John A. Baum
City Council voted to close the nominations for the appointment to
the Wetlands Board.
ITEM #12372(a)
THE FOLLOWING COUNCIL MEMBERS VOTED FOR MRS. NANCY LOWE:
Councilwoman Meyera E. Oberndorf
THE FOLLOWING COUNCIL MEMBERS VOTED FOR MR. TIIOMAS HOLLAND:
Councilmen Robert B. Cromwell, Jr., George R. Ferrell, John R. Griffin,
Mayor Clarence A. Holland, J. Henry McCoy, Jr., J. Curtis Payne, Roger
L. Riggs, Vice Mayor Patrick L. Standing, and Floyd E. Waterfield, Jr.
THE FOLLOWING COUNCIL MEMBERS WERE ABSENT:
Councilman John A. Baum
City Council voted to appoint Mr. Thomas Holland to the Wetland,
Board, to fill the unexpired term of Reverend Robert Newland, which
exPires on September 17, 1978.
ITEM #12373
On motion by Councilman Ferrell, seconded by Councilman Waterfield,
and by recorded vote as follows:
Ayes: Councilmen 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: Councilman John A. Baum
City Council voted to appoint Mr. William H. Duis to the Board of
Electrical Examiners to fill the unexpired term of Mr. C. B. Harris,
which expires October 2, 1979.
6 / 2 6 / 7 8
- 5 9 -
ITEM #12374
Councilman Waterfield requested infokmation from the City Manager
with regards to police and fire protection for the new navy housing.
The City '4anager stated that the City will provide both police and
fire protection to the area.
ITEM #12375
On motion by Councilman Ferrell, seconded by Councilman Griffin,
and by acclamation, the meeting adjourned.
r
erk 1-@ Clarn
City of Virginia Beach,
Virginia
June 26, 1978
h
6 / 2 67 8