OCTOBER 11, 1976
CITY OF VIRGINII BEACI MUNICIPAL CENTER
'R.A.@t (7ity " VIRGINIA BEACH, VIRGINIA 23456
MAYOR CLARENCE A. HOLLAND, M.D., B ... id@ B.,@@gb HENRY M,COY, J,,, D.D.S., K@.p@,ill@ B.,..,b
VICE MAYOR PATRICK L. STANDING, A, L.,g@ MEYERA E. OBERNDORF, A, L.,g@
JOHN A. BACM, B.,..gb 1, CURTIS PAYNE, P,i@,@,, A@@@ B.,..gb
ROBER7' B. CROMWELI@, ],. A, L.,g@ ROGER L.. RFGGS, Vi,i@i. B@.,b B.,@@gb
GEORGE R. FERRELL, A, L.,@ FLOYD E. WATERFIELD, J,., P..g. B@,@.gb
JOHN R. GRIFFIN, Ly@@b ... @ B@,..,b A G E N D A RFCHARD ]. WEBBOA, Cily Cl@lk
The City Council of the City of Virginia Beach, Virginia, will assemble in
the Administration Building, Princess Anne Station, Virginia Beach, Virginia
in Regular Session, at 1:00 p.m., on Monday, October 11, 1976, for the pur-
pose of conducting public business and will hear and act upon the following
items:
1. Call to order by the lionorable Clarence A. Holland, Mayor, in the Council
Conference Room.
2. Roll Call of the Council.
3. Motion and Roll Call to recess into Informal Discussion and Executive
Session. Upon conclusion of the Executive Session, City Council will
reconvene in the City Council Chambers.
4. Invocation will be given by the Reverend Charles Ammons, Charity United
Methodist Church, Virginia Beach, Virginia. Please remain standing
for the Pledge of Allegiance.
S. Roll Call of the Council.
6a. Minutes of the Regular Meeting of October 4, 1976, to be presented for
approval and acceptance.
b. Mrs. Catherine Thatcher wishes to appear before City Council for the
purpose of presenting a petition regarding the proposed highway develop-
ment project on North Witchduck Road.
7. Items for Second Reading:
a. City Council is requested to approve on second reading an ordinance
to accept grants totalling $35,000 from the Division of Justice and
Crime Prevention and to appropriate these funds.
b. City Council is requested to approve on second reading an ordinance
to appropriate funds to provide medical services for the elderly.
S. Letter from the City @lanager transmitting the recommendation of the
Planning Commission in the request made by Mr. R. A. Lawson, Jr.,
for a variance in the development of LinRhorn Bay, Section 111, in
Bay Colony, in the specific matter of the proposed widening of East
Bay Shore Drive.
9. Letter from the City Manager transmitting the recommendation of the
Planning Commission for approval of the application of Lewis F. Bidle
and Robert E. Stafford for a Change of Zoning from B-2 Community-
Business District to A-3 Apartment District on approximately 13.6
acres located in the Shore Drive-Diamond Springs Road area (Bayside
Borough).
10. Letter from the City Manager transmitting the recommendation of the
Planning Commission for approval of the applications of Atlantic
Beach Corporation for a Change of Zoning from B-4 Resort-Commercial
District to R-5 Residential District. One parcel consists of 3.2
acres located at the southeast corner of Pike Lane and Sandfiddler
Road (Pungo Borough), and the other is approximately 2 acres on the
south side of Pike Lane between Sandfiddler Road and Sandpiper Road
(Pungo Borough).
11. Letter from the City Manager transmitting the recommendation of the
Planning Commission for approval of the application of N. S. Gumenick
for changes of zonin@, on three parcels located on the south side of
Holland Road west of Rosemont Road (Holland Road area, Kempsville
Borough). A zoning change from R-8 Residential District to A-1
Apartment District is requested for 28.47 acres; from R-8 Residential
District to 0-1 Office District on 12.6S acres; and from R-8 Residential
District to B-2 Community-Business District on 32.83 acres.
12. Letter from the City @lanager transmitting the recommendation of the
Planning Commission for approval of the application of Virginia Beach
Investment Company for a Conditional Use Permit for offices on the
first floor of two apartment buildings in Banbury Lake Village (College
Park Area, Kempsville Borough). The applicant intends to convert three
apartment units in each of two buildings to offices.
13. Letter from the City Manager regarding the property of the Bayside
Hospital, which on October 9, 1972 was granted a Use Permit in an
application made by Extendicare Properties, Incorporated, to operate
a hospital and professional office building on certain property located
at the northeast corner of Independence Boulevard and North Witchduck
Road provided that the subject parcel of land not be further subdivided.
The City Manager concurs with the recommendation of the Planning
Director that the specifications be waived to permit the financing
of the office building.
14. Letter from the City Manager recommending that City Council approve an
ordinance to appropriate funds to provide services for the treatment
and rehabilitation of alcoholic persons. The total program budget is
$37,041. Of this amount, the State has agreed to pay $21,712, leaving
a balance of $15,329 to be paid by the City. Of the City's sliare,
$14,290 would be transferred from the local share of the Health
Department budget, and $1,039 would be transferred from the General
Fund-Reserve for Contingencies. (Following the transfer from Contingencies,
the balance will be $43,023).
1S. Letter from the City Manager recommending that City Council approve two
ordinances. One is to amend and reordain Section 29-3 of the Code of
the City of Virginia Beach relating to sewer installation fees; and the
other is to amend and reordain Section 37-30 of the Code of the City of
Virginia Beach relating to water line fees.
16. Letter from the City Manager recommending that City Council approve the
request of Mr. V. A. Etheridge, City Treasurer, for tax refunds in the
amount of $688.10.
17. Letter from the City Manager recommending that City Council approve the
Resolution in support of the Division of Justice and Crime Prevention
for provision of a radio communications system for tlie Sheriff's department.
The total estimated cost of the total system is $20,034. Of this amount, the
local matching requirement is $1,002. The City '4anager further requests
authorization to execute all necessary documents for submittal of this
grant application.
18. Letter from the City Manager recommending that City Council approve a
Resolution in support of the Division of Justice and Crime Prevention
for provision of advanced training for the Police Department. The
estimated cost of the program is $25,000. Of this amount, the local
matching requirement is $1,2SO. The City Manager further requests that
City Council authorize him to execute all necessary documents for
submittal of this grant application.
19. Letter from the City Manager recommending that City Council approve the
standard water and sewer agreements for Woodstock Cove II (Kempsville
Borough).
20. Letter from the City Manager recommending that City Council approve the
application of The Malibu Elementary School P.T.A. for a raffle permit.
21. Old Business, deferred from the previous meeting, including any report
of the Mayor or committees named by Council.
A. Mr. John X. Aragona has requested to appear before City Council
regarding new evidence relative to the allegation of police-spying
on private citizens.
B. Mr. Lee Woodward, a citizen, has requested permission to appear
before City Council for the purpose of discussing the operation
of the City as it is viewed by the public.
22. New business, including any presentations by Council ?,Iembers, citizens
and organizations.
23. Motion for adjournment.
I ITEM #10116
Mrs. Catherine Thatcher appeared before City Council and presented
petitions to Council regarding the proposed highway development project
on North Witchduck Road.
Mrs. Thatcher stated that the petitioners are requesting the removal of
the obstruction (raised Median strip) in the middle of the road to
facilitate direct access to and from already existing businesses and
residences and future businesses. (Copy of the petition is on file
in the office of the City Clerk).
ITEM #10117
On motion by Councilman Griffin, seconded by Councilman Waterfield,
and by recorded vote as follows:
Ayes: Council Members John A. Baum, Robert B. Cromwell, Jr.,
John R. Griffin, Mayor Clarence A. Holland, J. Henry DicCoy, Jr.,
Meyera E. Oberndorf, J. Curtis Payne, R. L. Riggs, Vice Mayor
Patrick L. Standing, and Floyd E. Waterfield, Jr.
Nays: None
Absent: Councilman George R. Ferrell
City Council approved on second reading the following ordinance to
accept grants totaling $3S,000 from tlle Division of Justice and
Crime Prevention and to appropriate these funds:
AN ORDINANCE TO ACCEPT GRANTS
TOTALLING $35,000 FROM THE
DIVISION OF JUSTICE AND CRIME
PREVENTION AND TO APPROPRIATE
THESE FUNDS
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BFACH,
VIRGINIA:
That two grants from the Division of Justice nd C,i,, P .... ntion
(DJCP) be accepted and appropriated for the following purposes:
Estimated Revenue Local Total
From Other Agencies Match Appropriation
Jail Library services $23,750 $1,250 $25,000
Police Training - 9,500 - 500 10,000
Total $33,250 $1,750 $35,000
That the appropriations will be financed by $33,250 estimated
revenue from DJCP and a local share of $1,750 to be transferred from the City's
Reserve for Contingencies - Federal Grants.
First Reading: October 4, 1976
Second Reading: October 11, 1 9 7 6
Adopted by the Council of the City of Virginia Beach on the
lltli day of October 19 76.
1
liti@l itiuiio
On motion by Councilman Griffin, seconded by Councilman Waterfield,
and by recorded vote as follows:
Ayes: Council Members John A. Baum, Robert B. Cromwell, Jr.,
John R. Griffin, Mayor Clarence A. Holland, J. Henry McCoy, Jr.,
Meyera E. Oberndorf, J. Curtis Payne, R. L. Riggs, Vice Mayor
Patrick L. Standing, and Floyd E. Waterfield, Jr.
Nays: None
Absent: Councilman George R. Ferrell
City Council voted to approve on second reading tlie following ordinance
to provide medical services for the elderly:
AN ORDINANCE TO APPROPRIATE FUNDS
TO PROVIDE MEDICAL SERVICES FOR THE
ELDERLY
WHEREAS, the Southeastern Virginia Areawide Model Program, Incorporated
(SEVAMP) has approved funds to reimburse the city for costs incurred in providing
medical services for the elderly,
NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGTNIA
BEACH, VIRGINIA:
That funds to provide medical services to the elderly for Fiscal Year
1977 be appropriated for use by the Health Department as follows:
Nurse $ 9,594
Fringe Benefits 1,106
Travel 1,000
Medical Supplies 1000
Total Appropriation $12,700
That this appropriation is to be financed by reimbursement from SEVAMP
of $10,000 and $2,700 transfer from the General Fund Reserve for Contingencies
Salary.
First Reading: October 4, 1976
Second Reading: October 11, 1976
Adopted by the Council of tlle City of Virginia Beach on tile
llth day of October, 1976
ITEM #10119
Mr. R. A. Lawson, Jr., appeared regarding his request for variance.
On motion by Councilman Payne, seconded by Councilman Baum, and by
recorded vote as folloivs:
Ayes: Council @lembers John A. Bauin, Robert B. Croniiiell, Jr.,
Jolin R. Griffin. lta ._Clarence lienry @IcCov., Tr-
ITEM #10120
Ch;nqe of Zonin
petition of Leviis F. Bidle and Robert E. Stafford for a
District Classification from B-2 Cominunity-Business Dist
1, rtment District on certain property located 280 feet more or less
t a point 300 feet more or less East of
South of Shore Drive beginning a
Diamond Springs Road, running a distance of 1070 feet more or less
along the Northern property line, @unnin a distance of 780 feet more
or less along the Eastern property line @Western boundary of Lake Smith),
running a distance of 1540 feet more or less along the Southern
proper"y l-'Ine (t@ortlieri boundary o@ 'lake Smi@1h) and running a distance
of 448 feet more or less along the Westerii property line. Said parcel
contains 13.6 acres more or less. BAYSIDE BOROUGH.
Planning Commission Recommendation:
A wtion was passed by the Planning Commission by.a recarded vote of 10 for the
motion and 3 against to approve this request.
For the information of the applicant, prior to the issuance of a building [)ermit,
the following will be required by the administrative staff:
1. Standard site improvements as required by the Site Plan Ordinance.
2. City water and sewer.
3. A pump station will be required.
4. Adequdte access to Shore Drive via two dedicated streets will be required.
The location of these access points will be determined during site plan
review.
5. A 25 foot buffer strip shall be designated around the property owned by the
City of Norfolk adjacent to Lake Smith. Vegetation within this strip shall
not be disturbed.
6. Drainage from this site shall be directed to the pond at the southwest cor6er
of this site and a spill@vay constructed to drain into Lake Smith.
7. No filling, dredging or other waterfront related activity shall be petmitted
at this 5ite without obtaining permits from all applicable governing.agencies.
Mr. Grover C. Wriglit, Jr., Attorney, represented the applicant.
On motion by Councilman Cromwell, seconded by Councilman McCoy, and
by recorded vote as follows:
Ayes: Council Members John A. Baum, Robert B. Cromwell, Jr.,
John R. Griffin, Mayor Clarence A. Holland, J. Henry McCoy, Jr.,
Meyera E. Oberndorf, J. Curtis Payne, R. L. Riggs, Vice Mayor
Patrick L. Standing, and Floyd E. Waterfield, Jr.
Nays: None
Absent: Councilman George R. Ferrell
City Council approved the following ordinance upon petition of Lewis
F. Bidle and Robert E. Stafford for a Change of Zoning District
Classification from B-2 Community-Business District to A-3 Apartment
District:
ORDINANCE UPON PETITION OF LEWIS F. BIDLE AND Z01076192
ROBERT E. STAFFORD FOR A CHANGE OF ZONING DIS-
TRICT CLASSIFICATION FROM B-2 Community-Business
District to A-3 Apartment District
Be it ordained by the Council of the City of Virginia Beach, Virginia,
that:
Petition of Lewis F. Bidle and Robert E. Stafford for a Change of
Zoning District Classification from B-2 Community Business District
to A-3 Apartment District on certain property located 280 feet more
or less South of Shore Drive beginning at a point 300 feet more or
less East of Diamond Springs Road, running a distance of 1070 feet
more or less along the Northern property line, running a distance
of 780 feet more or less along the Eastern property line (Western
boundary of Lake Smith), running a distance of 1540 feet more or
less along the Southern property line (Northern boundary of Lake
Smith) and running a distance of 448 feet more or less along the
Western property line. Said parcel contains 13.6 acres more or
less. (Bayside Borough).
For the information of the applicant, prior to the issuance of a
building permit, the following will be required by the administrative
staff:
1. Standard site improvements as required by the Site Plan
Ordinance.
2. City water and sewer.
3. A pump station will be required.
4. Adequate access to Shore Drive via two dedicated streets
will be required. The location of these access points
will be determined during site plan review.
5. A 25 foot buffer strip shall be designated around the
property owned by the City of Norfolk adjacent to Lake
Smith. Vegetation within this strip shall not be disturbed.
6. Drainage from this site shall be directed to the pond at the
Southwest corner of this site and a spillway constructed to
drain into Lake Smith.
7. No filling, dredging or other waterfront related activity
shall be permitted at this site without obtaining permits
from all applicable governing agencies.
This ordinance shall be effective frorn date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia,
on the 11 day of October 1 1976
ITEM #10121
Petition of Atlantic Beach Corporation for a Change of Zoning District Classifica-
tion from B-4 Resort Commercial to R-5 Residential D7strict on certain property
located at the Southeast corner of Pike Lane and Sandfiddler Road, running a dis-
tance of 446 feet more or less along the East side of Sandfiddler Road, running a
distance of 314.07 feet along the Southern property line, running a distance of
446 feet more or less along the Eastern property line and running a distance of
314.07 feet along the South side of Pike Lane. Said parcel contains 3.2 acres
more or less. PUNGO BOROUGH.
Planning Commission Recommendation:
A motion was passed unanimously by the Planning Commission by a recorded vote of
13 to approve this request.
For the information of the applicant, prior to the issuance of a building permit,
the following will be required by the administrative staff:
1. Standard si-@e improvements as required by the Subdivision Ordinance.
2. City water.
3. An individual site plan for each lot will be required.
4. Separate septic tank approval by the Health Department for each lot will be
required.
5.. If a sand dune does not presently exist, the site plans should show the con-
struction of a sand dune generally in line with the existing dune line to the
north and south. The dune should be constructed to an elevation of 16 feet
with a five (5) foot top and a minimum of 2:1 side slopes and the dune is to
be stabilized with a @and fence and/or beach grass.
6. The minimum first floor elevations'are to be at 18.5 feet.
Further, this Ordinance shall be effective upon satisfactory compliance to the
conditions imoosed in this motion, and it is understood and agreed to by the
applicant tha@ the official change on the zoning maps will not be made until
the following conditions are satisfied:
A thirty (30) foot pedestrian and emergency vehicle access easement dedica-
t4on from the mean high water line shoreward and the dune along this aroa
is not to be located within the easement.
Mr. Kabler appeared regarding this petition.
On motion by Councilman Waterfield, secoilded by Councilman Griffin,
and by recorded vote as follows:
Ayes: Council Members John A. Baum, John R. Griffin, Mayor Clarence
A. Holland, J. Henry McCoy, Jr., J. Curtis Payne, Vice Mayor Patrick
L. Standing, and Floyd E. Waterfield, Jr.
Nays: Council Members Robert B. Cromwell, Jr., and Meyera E.
Obeyndorf
Abstain: Councilman R. L. Riggs
Absent: Councilman George R. Ferrell
City Council approved the following ordinance upon petition of
Atlantic Beach Corporation for a Change of Zoning District Classification
from B-4 Resort Commercial District to R-5 Residential District:
ORDINANCE UPON PETITION OF ATLANTIC BEACH Z01076193
CORPORATION FOR A CHANGE OF ZONING DISTRICT
CLASSIFICATION FROM B-2 Resort Commercial
District TO R-5 Residential District
Be it ordained by the Council of the City of Virginia Beach, Virginia,
that:
Petition of Atlantic Beach Corporation for a Change of Zoning District
Classification from B-4 Resort-Commercial District to R-5 Residential
District on certain property located at the Southeast corner of Pike
Lake and Sandfiddler Road, running a distance of 446 feet more or less
along the East side of Sandfiddler Road, running a distance of 314.07
feet along the Southern property line, running a distance of 446 feet
more or less along the Eastern property line and running a distance of
314.07 feet along the South side of Pike Lane. Said parcel contains 3.2
acres more or less. Pungo Borough.
For the information of the applicant, prior to the issuance of a building
permit, the following will be required by the administrative staff:
1. Standard site improvements as required by the Subdivision
Ordinance.
2. City water
3. An individual site plan for each lot will be required.
4. Separate septic tank approval by the Health Department
for each lot will be required.
S. If a sand dune does not presently exist, the site plans
should show the construction of a sand dune generally in
line with the existing dune line to the north and south.
The dune should be constructed to an elevation of 16 feet
with a five foot top of a minimum of 2:1 side slopes and
the dune is to be stabilized with a sand fence and/or beach
grass.
6. The minimum first floor elevations are to be at 18.S feet.
This ordinance shall be effective from date of adoption
Adopted by the Council of the City of Virginia Beach, Virginia,
on the 11 day of October 1976.
ITEM #1012Z
Petition of Atlantic Beach Corporation for a Chanqe of Zoninq District Classifi-
cation from B-4 Re5ort Commercial to R-5 Residential Di-stri@t Fn ce-rtain prop-
i-rty@ocated on the South side of Pike Lane between Sandfiddler Road and Sand-
piper Road running a distance of 470 feet more or less along the East side of
Sandpiper Road, running a distance of 280 feet more or less along the Southern
property line, running a distance of 446 feet iiiore or less along the West side
of Sandfiddler Road and running a distance of 142 feet more or less along the
South side of Pike Lane. Said parcel contains 2 acres more or less. PUNCO
BOROUGH.
Planning Commission Recommendatioll:
A motion was passed unanimously by the Planning Commission by a recorded vote of
13 to approve this request.
For the information of the applicant, prior to the issuance of a building permit,
the following will be required by the administrative staff:
1. Standard site improvements as required by the Subdivision Ordinance.
2. City water.
3. An individual site plan for each lot will be re@uired.
4. Separate septic tank approval by the Health Department for each lot will
bp rpniiirpd.
On motion by Councilman Waterfield, secoilded by Councilman Griffin, and
by recorded vote as follows:
Ayes: Council Members John A. Baum, John R. Griffin, Mayor Clarence
A. Holland, J. Henry NicCoy, Jr., J. Curtis Payne, Vice Mayor Patrick
L. Standing, and Floyd E. Waterfield, Jr.
Nays: Council Members Robert B. Cromwell, Jr., and Meyera E.
Oberndorf
Abstain: Councilman R. L. Riggs
Absent: Councilman George R. Forrell
City Council approved the following ordinance upon petition of
Atlantic Beach Corporation for a Change of Zoning District Classification
from B-4 Resort Commercial District to R-5 Residential District:
ORDINANCE UPON PETITION OF ATLANTIC BEACH Z01076194
CORPORATION FOR A CHANGE OF ZONING DISTRICT
CLASSIFICATION FROM B-4 Resort Commercial
District TO R-5 Residential I)istrict
Be it ordained by the Council of the City of Virginia Beach, Virginia,
that:
Petition of Atlantic Beach Corporation for a Change of Zoning District
Classification from B-4 Resort Commercial District to R-5 Residential
District on certain property located on the South side of Pike Lane
between Sandfiddler Road and Sandpiper Road running a distance of 470
feet more or less along the East side of Sandpiper Road, running a
distance of 280 feet more or less along the Southern property line,
running a distance of 446 feet more or less along the West side of
Sandfiddler Road and running a distance of 142 feet more or less
along the South side of Pike Lane. Said parcel contains 2 acres more
or less. Pungo Borough.
For the information of the applicant, prior to the issuance of a building
permit, the following will be required by the administrative staff:
1. Standard site improvements as required by the Subdivision
Ordinance.
2. City water.
3. An individual site plan for each lot will be required.
4. Separate septic tank approval by Healtli Department for
each lot will be required.
This ordinance shall be effective from date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia,
on the 11 day of October, 1976.
ITEM #10123
Petition of N. S. Gumenick for a Change of Zoning District -Classification from
R-8 Residential District to A-1 Apartmen@District on certain property located
on th@ South side of Holland Road beginning at a point 1936 feet more or less
West of Roseiront Road, running a distance of 860 feet more or less along the
South side of Holland Road, running a distance of 1220 feet more or less along
the Western propei@ty line, runriing'a distance of 1600 feet more or less along
the Southern property line, running a distance of 280 feet more or less in a
Northerly direction, running a distance of 650 feet more or less in a Westerly
direction and running a distance of 750 feet more or less 4n a Northerly direc-
tion. Said parcel contains 28.47 acres. (Holland Rose Area). KEMPSVILLE
BOROUGH.
Planning Commission Recommendation:
A motion was passed unanimously by the Planning Commission by a recorded vote of
13 to approve this request.
For the information of the applicant, prior to the issuance of a building permit,
the following will be required by the administrative staff:
1. Standard site improvements as required by the Subdivision Ordinance aild
Site Plan Ordinance.
2. City water and sewer.
3. Gravity sevier is to be furnished by the developer. 700 gpm is reserved
in the Green Run booster station. All excess flow will be diverted to
the proposed 16" force main in Independence Boulevard. The developer
shall participate in the sharing of the cost of the 16" line.
4. The majority of the drainage from these sites is to be directed to the
drainage canal along the southern boundary of these sites and this canal
is to be constructed (with drainage easements provided) in conjunction
with the developnient. The downstream canal (uilder Rosemont Road and to
the east of this site through Holland Rose properties to Holland Road to
Lakes Drainage System) is to be constructed to provide an outfall for this
development and drainage easements are to be acquired along the downstream
canal to a point of discharge. The developer of this project is to@con-
tribute his share (based upon the discharge into the 175' canal) for the
downstream drainage facilities beneath Rosemont Road and Holland Road.
5. Access to these sites off of Holiand Road is to be limited to the three
(3) main entrances as shown on the Holland Road Developriient Plans, Ph@se
II, on file in the City Engineer's Office. These entrances are located
approximately at Stations 142+9Q, 150+65 and 156+40 on the Holland Road,
Phase II plans. The developer of this project is to provide the right-
of-way for Rosemont Road and construct one-half of the ultimate four lane
divided highway for Rosemotit Road along the frontage of this property.
Mr. Owen B. Pickett, Attorney, represented the applicant.
On motion by Councilman McCoy, secoiided by Councilman Payne, and by
recorded vote as follows:
Ayes: Council Members John A. Baum, Robert B. Cromwell, J,.,
John R. Griffin, Mayor Clarence A. Holland, J. Henry @IcCoy, jr.
Meyera E. Oberndorf, J. Curtis Payne, R. L. Riggs, Vice Mayor
Patrick L. Standin,,, and Floyd E. Waterfield, Jr.
Nays: None
Absent: Councilman Geore R. Ferrell
City Council approved the following ordinance upon petitioll of N. S.
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CHANGE OF ZONING DISTRICT CHASSIFICATION FROM
R-8 Residential District TO A-1 Apartment District
Be it ordained by the Council of the City of Virginia Beacil, Virginia,
that:
Petition of N.S. Gumenick for a Change of Zoning District Classification
from R-8 Residential District to A-1 Apartment District on certain pro-
perty located on the South side of Holland Road beginning at a point
1936 feet more or less West of Rosemont Road, running a distance of
860 feet more or less along the South side of Holland Road, running a
distance of 1220 feet more or less along the Western property line,
running a distance of 1600 feet more or less along the Southern pro-
perty line, running a distance of 280 feet more or less in a Northerly
direction, running a distance of 6SO feet more or less in a Iliesterly
direction and running a distance of 750 feet more or less in a Northerly
direction. Said parcel contains 28.47 acres. (Holland Rose Area).
Kempsville Borough.
For the information of the applicant, prior to the issuance of a building
permit the following will be required by the administrative staff:
1. Standard site improvements as required by the Subdivision
Ordinance, and the Site Plan Ordinance.
2. City water and sewer.
3. Gravity sewer is to be furnished by the developer. 700 gpm
is reserved in the Green Run booster station. All excess flow
will be diverted to the proposed 16" force main in Independence
Boulevard. I'he developer shall participate in tlie sharing of
the cost of the 16" line.
4. The majority of the drainage from these sites is to be directed
to the drainage canal along the southern boundary of these sites
and this canal is to be constructed with the drainage easements
provided in conjunction with tlle development. The dpwnstream
canal (under Rosemont Road and to the east of this site through
Holland Rose properties to Holland Road to Lakes Drainage System)
is to be constructed to provide an outfall for this development
and drainage easements are to bc acquired along the downstream
canal to a point of discliarge. 'Fhe developer of this project
is to contribute his share (based upon tile discharge into tho
175' canal) for the downstream drainage facilities beneath
Rosemont Road and Holland Road.
S. Access to these sites off of Holland Road is to be limited to
the three main entrances as shown on tlie Holland Road Development
Plans, Phase 11, on file in the City Engineer's Office. These
entranccs are located approxiinately at Stations 142+90, 150+65
and 156+40 on the Holl.and Road, Phase II plans. The
developer of this project is to provide the right-of-
way for Rosemont Road and construct one-half of the ultimate
four lane divided highway for Rosemont Road along the frontage
of this property.
Tliis ordinance shall be effective from date of adoption,
Adopted by the Council of the City of Virginia Beach, Virginia,
on the 11 day of October, 1976.
Petition of N. S. Gumenick for a Change of Zoninq District.Classification from
R-8 Residential District to 0-1 OTfic-e D!-stFct-on ertain propert ocated on
the South side of Holland Road beginning at a point 1159 feet more or less West
of Rosemont Road, running a distance of 700 feet more or less along the South
side of Holland Road, runriing a distance of 680 feet more or less along the
Western property line, running a distance of 600 feet more or less along the
Southern propet,ty line and rurining a distatice of 700 feet more or less along
the Eastern property line. Said parcel contains 12.65 acres. (Holland Rose
Area). KEMPSVILLE BOROUGH.
Planning Commission Recommendation:
A motion was passed unanimously by tiie Planning Commission by a recorded vote of
13 to approve this request.
For the information of the applicant, prior to the issuance of a building permit,
the following w-ill be required by the administrative staff:
1. Standard site improvements as required by the Subdivision Ordinance and
Site Plan Ordinance.
2. City water and sewer.
3. Gravity seqer is to be furnished by the developer. 700 gpm is reserved
in the Green Run booster station. All excess flow will be diverted to
the proposed 16" force main in Independence Boulevard. The developer
@shall participate in the sharing of the cost of the 16" line.
4. The niajority of the drainage from these sites is to be directed to the
d@aindge canal along the southern boundary of these sites and this canal
is to be constrLICted (with drainage easeiflents provided) in conjunction
with the develop@ieiit. The do@-instre@m canal (undet- Rosemont Road and to
the east of this site through Holland Rose properties to Holland Road to
Lakes Drainage clyst-llqi) is to be constructed to provide an outfall for this
development and drainage easements are to be acquired along the downstream
canal to a point of discharge. The developer of this project is to con-
tribute his share (based tipon the discharge irito the 175' canal) for the
downstream drainage facilities beneath Rosemont Road and @iolland Road.
5. Access to these sites off of Holland Road is to be limited to the three
(3) main entrances as showri ori the Holland Road Development Plans, Phase
11, on file in the City Erigineer's Office. These entrances are located
approximately at Statioris 142490, 150+65 and 156+40 on the Holland Road,
Phase II plans. The developer of this project is to provide the right-
of-way for Rosemont Road and c6nstruct one-half of the ultimate four lane
divided highway for Rosemont Road along the frontage of this property.
@ir. Owen B. Pickett, Attoriiey, represej)ted the applicant.
On motion by Councilman McCoy, seconded by Councilman Payne, alid by
recorded vote as follows:
Ayes: Council Members John A. Baum, Robert B. Cromwell, Jr.,
John R. Griffin, Mayor Clarence A. Holland, J. Henry NIcCoy, Jr.,
Meyera E. Oberndorf, J. Curtis Payne, R. L. Riggs, Vice Mayor
Patrick L. Standilig, and Floyd E. Waterfield, Jr.
Nays: None
Absent: Councilman George R. Ferrell
City Council approved the following ordinance upon petition of N.S.
Gumenick for a Change of Zoning District Classification from R-8
Residential District to 0-1 Office District:
ORDINANCE UPON PE'rl'I'ION OF N.S. GUMENICK FOR A CHANGE '.01076196
OF ZONING DISTRICT CLASSIFICATION from R-8 Residential
District to 0-1 Office District
Be it ordained by the Council of the City of Virginia Beach, Virginia,
that:
Petition of N.S.Gumenick for a Change of Zoning District Classification
from R-8 Residential District to 0-1 Office District on certain property
located on the South side of Holland Road beginning at a point 1159 feet
more or less West of Rosemont Road, running a distance of 700 feet more
or less along the South side of Holland Road, running a distance of 680
feet more or less along the Western property line, running a distance
of 600 feet more or less along the Southern property line and running
a distance of 700 feet more or less along the Eastern property line.
Said parcel contains 12.6S acres. (Holland Rose Area). Kempsville
Borough.
For the information of the applicant, prior to the issuance of a building
permit, the following will be required by the administrative staff:
1. Standard site improvements as required by the Subdivision
Ordinance and Site Plan Ordinance.
2. City water and sewer.
3. Gravity sewer is to be furnished by the developer. 700 gpm
is reserved in the Green Run booster station. All excess flow
will be diverted to the proposed 1611 force main in Independence
Boulevard. The developer shall participate in the sharing of
the cost of the 1611 line.
4. The majority of the drainage from these sites is to be directed
to the drainage canal along tlie southern boundary of these sites
and this canal is to be constructed (with drainage easements
provided) in conjunction with the development. The downstream
canal (under Rosemont Road and to the east of this site througli
Holland Rose properties to Holland Road to Lakes Dra.inage System)
is to be construced to provide an outfall for this development
and drainage easements are to be acquired along the downstream
canal to a point of discharge. The developer of this project is
to contribute his share (based upon the discharge into
the 17S' canal) for the downstream drainage facilities
beneath Rosemont Road and Holland Road.
S. Access to these sites off of Holland Road is to be limited
to the three main entrances as sliown on the Holland Road
Development Plans, Phase Ii, on file in the City Engineer's
Office. These entrances are located approximately at Stations
142+90, 1SO+65 and 156+40 on the Holland Road, Phase TI plans.
Tlie developer of this project is to provide the right-of-way
for Rosemont Road and construct one-half of the ultimate four
lane divided higliway for Rosemont Road along the frontage of
this property.
This ordinance shall be effective from date of adoption.
Adopted by tlie Council of the City of Virginia Beach, Virginia,
on the 11 day of October, 1976.
ITEM #10125
Petition of N. S. Gumenick for a @n e of District Classification from
R-8 Residential District to B-2 community Business@isfri-ct on certain property
located at the Southwest intersection of Holland Road and Rosentont Road, running
a distance of 1,082 feet mo-e or l(@-@s alring t,@E@ South side of Holland Road,
running a distance of 1,040 f(-ct iiiol-e or less alorig the Western property line,
running a distance of 1,4@)'O feet iiic,-rL, oi, less a"otig ttie Southern property line
and rurining a distance of I 100 Feet i@ior,e or, less alorig the Eastern property
line. Said parcel contaiiis 32.83 acres. (Holland Rose At,ea). KEMPSVILLE
BOROUGH.
Planning Commission Reconunendation:
A motion was passed by the Planning Conuiiission by a recorded vote of 10 for the
motion and 3 against to approve this request.
1. Standard site improvements as required by the Subdivision Ordinance and
Site Plan Ordinance.
2. City water and sewer.
3. Gravity sewer is to be furnished by the developer. 700 gom is reserved
iii the Green Run booster station. All excess flow will be diverted to
the proposed 16" force main in Independence Boulevard. The developer
shall participate in the sharing of the cost of the 16" line.
4. The niajority of the drainage f@,oiii these sites is to be directed to the
drainage cdnal along the southern boundary of these sites and this canal
is to be constructed (viith drainace easements provided) in conjunction
with the developiiient. The downst@eam canal (under Roseniont Road and to
the east of this site throucjh Holland Rose properties to Holland Road to
Lakes Drainage Systeni) is to- be constructed to provide an outfall for this
development and drainage easements are to be acquired along the down-
stream canal to a point of discharge. The developer of this project is
to contribute his share (based upon the discharge into the 175' canal)
for the downstreani drainage facilities beneath Rosemont Road and Holland
Road.
5. Access to t[tese sites off of Holland Road is to be limited to the three
(3) main entrances as shown on th- Holland Road Development Plans, Phase
II, on file in the City Engineer's Office. These entrances are located
approximately at Stations 142+90, 150+65 and 156+40 on the Holland Road,
Phase 11 plans. The developer of this project is to provide the right-
of-way for Rosemont Road and construct one-half of the ultimate four lane
divided highway for Rosemont Road along @he frontage of this property.
Mr. Owen B. Pickett, Attorney, represented the applicant.
On motion by Councilman McCoy, seconded by Councilman Payne, and by
recorded vote as follows:
Ayes: Council Members John A. Baum, Robert B. Cromwell, Jr.,
John R. Griffin, Mayor Clarence A. Holland, J. Henry McCoy, Jr.
Meyera E. Oberndorf, J. Curtis Payne, R. L. Riggs, Vice Mayor
Patrick L. Standing, and Floyd E. Waterfield, Jr.
Nays: None
Absent: Councilman George R. Ferrell
City Council approved the foliowing ordinance upon petition of N.S.
Gumenick for a Change of Zoning from R-8 Residential District to B-2
Community Business District:
ORDINANCE UPON PETITION OF N.S. CUTIIENICK FOR A Z01076197
CHANGE OF ZONING DISTRICT CLASSIFICATION FROM
R-8 Residential District TO B-2 Community
Business District
Be it ordained by the Council of the City of Virginia Beach, Virginia,
that:
Petition of N.S. Gumenick for a Cliange of Zoning District Classification
from R-8 Residential District to B-2 Community Business District on certain
property located at the Southwest intersection of Holland Road and Rosemont
Road, running a distance of 1,082 feet more or less along the South side of
Holland Road, running a distance of 1,040 feet more or less along the
Western property line, running a distance of 1,430 feet more or less along
the Southern property line and running a distance of 1,100 feet more or
less along the Eastern property line. Said parcel contains 32.83 acres.
(Holland Rose Area). Kempsville Borough.
For the information of the applicant, prior to the issuance of a building
permit, the following will be required by the administrative staff:
1. Standard site improvements as required by the Subdivision
Ordinance and tlie Site Plan Ordinaiice.
2. City water and sewer.
3. Gravity sewer is to be furnished by the developer. 700gpm
is reserved in the Green Run booster station. All excess flow
will be diverted to the proposed 16" force main in Independence
Boulevard. Tlie developer shall participate in the sharing of
the cost of the 1611 line.
4. The majority of the drainage from these sites is to be directed
to the drainage canal along the southern boundary of these sites
and this canal is to be constructed (with drainage easements pro-
vided) in conjunction wi.th the development. The downstream canal
(under Rosemont Road is to the east of this site througli Holland
Rose properties to Holland Road to Lakes Drainage System) is to
be constructed to provide an outfall for this development and
drainage easements are to be acquired along the downstream canal
to a point of discharge. The developer of this project is to
contribute his share (based upon the discharge into t)ie 1751
canal) for the downstream drainage facil.ities beneath Rosemont
Road and Holland Road.
S. Access to these sites off of Holland Road is to be limited
to the three main entrances as shown on tlie Holland Road De-
velopment Plan, Phase II, on file in the City Engineer's office.
These entrances are located approximately at Stations 142+90,
150+6S and lS6+40 on the Holland Road, Phase TI, Plans, TI)e
developer of this project is to provide the right-of-way for
Rosemont Road and construct one-half of the ultimate four lane
divided highway for Rosemont Road along the frontage of this
property.
This ordinance shall be effective from date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia,
on the 11 day of October, 1976.
ITEM #10126
Application of Virginia Beach Investment Company for a Conditional Use Permit
for an office building on certain property local-ed on t e North side of Prov-
idence Road beginning at a point 1,000 feet mor(, or less Southeast of the in-
tersection of Providence [Zoad and Old Providence Road, rurining a distance of
360 feet along the North side of Providence Road, running a distance of 300
feet more or less along the Eastern property line, running a distance of 330
feet more or less along the No@'thern property line and running a distance-of
150 feet more or less along ttie Wester,ii property line. Said @arcel is knowti
as Carlisle Square, Banbury Lake Village. (College Park Area . KEMPSVILLE tA,
BOROUGul.
Planning Commission Recommendation:
A motion was passed unanirnously by the Planning Coriinission by a recorded vote
of 13 to approve this request subject to the following conditions:
.1. Standard site improvements as required by the Site Plan Ordinance.
2. City water ind sewer.
3. As specifiel in Section 601 (c) of the CZO only medical offices may be
permitted.
4. As shown on the submitted site plan, only three (3) first floor apartment
units in each of the buildings numbered 6305 and 6301 will be allowed to
be converted to medical offices.
5. At no time shall th@re be a mixture of apartment and medical/dental office
uses on the same floor. The entire floor shall be converted to the proposed
uses at the same time.
6.- The use permit hereby granted shall expire at tlie end of five (5) years.
7. Smoke detectors shall be installed in the offices as directed by the Fire
Prevention Bureau. These detectors shall be wired to an alarm bell (8"
minimum) in the entry hallway to upper residential units.
On motion by Councilman McCoy, seconded by Councilwoman Oberndorf,
and by recorded vote as follows:
Ayes: Council Members John A. Baum, Robert B. Cromwell, Jr.,
John R. Griffin, Mayor Clarence A. Holland, J. Henry McCoy, Jr.
Meyera E. Oberndorf, J. Curtis Payne, R. L. Riggs, Vice Mayor
Patrick L. Standing, and Floyd E. Waterfield@ Jr.
Nays: None
Absent: Councilman George R. Ferrell
City Council adopted the following Resolution upon application of
Virginia Beach Investment Company for a Conditional Use Permit for
an office building:
RESOLUTION UPON APPLICATION OF VIRGINIA R01076081
BEACH INVESTMENT COMPANY FOR A CONDITIONAL
USE PERMIT FOR AN OFFICE BUILDING
Be it resolved by the Council of the City of Virginia Beach, Virginia,
that:
Application of Virginia Beach Investment Company for a Condi.tional Use
Permit for an office building on certain property located on the North
side of Providence Road beginning at a point 1,000 feet more or less
Southeast of the intersection of Providence Road and Old Providence Road,
running a distance of 360 feet along the North side of Providence Road,
running a distance of 300 feet more or less along the Eastern property
line, running a distance of 330 feet more or less al.ong the Northern
property line and running a distance of 150 feet more or less along the
Western property line. Said parcel is Rnown as Carlisle Square, Banbury
Lake Village. (College Park Area). Kempsville Borough.
For the information of the applicant the following request is subject
to the following conditions:
1. Standard site improvements as required by the Site Plan
Ordinance.
2. City water and sewer.
3. As specified in Section 601(c) of the Comprehensive Zoning
Ordinance only medical offices may be permitted.
4. As shown on the submitted site plan, only three first
floor apartment units in each buildings numbered 630S
and 6301 will be allowed to be converted to medical
offices.
S. At no time shall there be a mixture of apartment and
medical/dental office uses on the same floor. The
entire floor shall be converted to the proposed uses
at the same time.
6. The use permit hereby granted shall expire at the end
of five years.
7. Smoke detectors shall be installed in the offices as
directed by tlie Fire Prevention Bureau. Tliese detectors
sliall be wired to an alarm bell (8" miniinum) in the entry
1,@llij.iv f-n iinnpr residential units.
ITEM #10127
Oii October 9, 1972, City Council granted a use permit to Extendicare
Ilroperties, Incorporated, to operate a hospital and professional-med
office building on the piece of property located at the northeast co
of Indel)endence Boulevard and North Witchduck Road, as indicated in
zitt@iched copy of Use Permit Application 01436. A condition of the use
perniit approval was that the parcel not be further subdivided. This
stipulation was made a condition of the use permit at the suggestion
of the I)epartment of Planning for the purpose of assuring that develop-
mciit not in accord with the medical-professional complex not take place
bN, preventing a transfer of property througli the recordation of a sub-
division plat.
']'lie I)epartment of Planning has received a proposal to divide the
@iyside llospital site (Extendicare Properties, Incorporated) into
two parcels so tliat the medical office building currently under
construction on Parcel I-B may obtain financing. Since Parcel I-B
i-@ the site presently occupied by the medical building, thereby assuring
(@ity Council's intentions that development be in accord with the approved
LISC permit for a hospital and profession-medical office building, it is
reqijested that Council approve the request of Extendicare Properties,
Incorporated, to operate a hospital and professional-medical office
building on certain property located at the northeast corner of
Independence Boulevard and North Witchduck Road; and further agreed to
waive the condition prohibiting the subdivision of property to permit
ttic financing of the office building.
On motion by Councilman Cromwell, seconded by Vice Mayor Standing,
and bv recorded vote as follows:
I
Aves: Council Members John A. Baum, Robert B. Cromwell, Jr.,
John R. Griffin, J. Henry McCoy, Jr., Meyera E. Oberndorf, J.
Curtis Payne, R. L. Riggs, Vice Mayor Patrick L. Standing, and
Floyd F. Waterfield, Jr.
Nays: None
Abstain: Mayor Clarence A. Holland
Absent: Councilman George R. Ferrell
(:ity Council voted to approve the request of Extendicare Properties,
Incorl)orated, to operate a liospital and professional-medical office
bLiilding on certain property located at the northeast corner of
Iiidependence Boulevard and North Witchduck Road; and further agreed
to waive the condition prohibiting the subdivision of property to
I)ermit the financiiig of the office building.
CITY OF l@IRGI@li@l B'L'ACfl
city"
Cha,les C. City Hall
DIRECTOR OF PLANNING VIRGINIA BEACH, VIRGINIA 23456
October 4, 1972
To: Honorable City Council
From: City Planning Conirnission
Reference: Application #1436
Application of Extendicare, Inc., for a Use Permit to operate a hospital and
a professional-medical office building on-ce@tii-ri-property located at the
Northeast corner of Independence Boulevard and North Witchduck Road, runn-
ing a distance of 1301.98 feet along the East side of Independence Boulevard,
running a distance of 902.59 feet along the Southern property line of which
272.54 feet is the North side of tiorth Witchduck Road, running a distance of
1088.17 feet along the Easlern property line and running a distance of 43-0.60
feet along the Northern property line. Said parcel contains 18 acres more
or less. (Old Donat4on @la-o,- Area). SAYS"'IC BOROI@IGH.
The Planning Commission recommends approval of this request subject to City
water and sewer and participation of the developer in the remodeling of an
existing pump station located at the northeast corner of the property on
North Witchduck Road as required bj the Ptiblic Utilities Division and standard
site plan requirements as required by the Engineering Division. Th- motion
for approval iS flirther sut)ject to the following list of requirements:
1. That the parcel not be further subdi@fided.
2. That a 250-foot turn lane will be pr)vided on the East side of
Independerice Boulevard to serve the hospital.
3. That a landscap-irig plati would be submitted for approval along with the
building site plan.
4. That a landscaped berin dnd fence be provided buffering the existing
sinble family area. This landscaping will be placed within a 25-foot buffer zone
to be developed along the Eastern property line.
5. That all ovet'head ligh-ling in the parking lot adjacent to the single
family area be designed to be directed away from the residences.
6. That the applicant niake every effort to save all existing trees on the
parcel.
Very truly yours,
@J. @@Mte
Chairman
wi:ccc4m
subject to City water and sewer and participation of the cleveloper
1972in the remodeling of an existing purnp station located at the northeast
OCT
t
Page Z
Application #1436 - Extendicare, Inc.
corner of the property on Nort@l Witchduck Road as required I)y the Public
Utilities Division; subject to standard site plan requirernents as required by
the Engineering Division and further subject to the following list of require-
ments:
1. That the parcel not be further subdivided.
2. That a 250-foot turn lane will be provided on the East side of Independence
Boulevard to serve the hospital.
3. That a landscapiiag plan would be subrtlitted for approval along with
the building site plan.
4. That a landscaped beri-n and fence be provided buffering the existing
single farnily area. This landscaping will be placed within a 25-foot buffer
zone to be developed along ttie Eastern property line.
5. That all overhead lightin- in the parking lot adjacent to the single
family area be designed to be directed away froni the residelices.
6. That the applicant make every effort to save all existing trees on the
parcel.
ITEP4 #10128
On motion by Councilman Payne, seconded by Councilman Griffin, and by
recorded vote as follows:
Ayes: Council Members John A. Baum, Robert B. Cromwell, Jr.,
John R. Griffin, Mayor Clarence A. Holland, J. Henry McCoy, Jr.,
Meyera E. Oberndorf, J. Curtis Payne, R. L. Riggs, Vice Mayor
Patrick L. Standing, and Floyd E. Waterfield, Jr.
Nays: None
Absent: Councilman George R. Ferrell
City Council approved on first reading the following ordinance to
appropriate funds to provide services for the treatment and rehabilitation
of alcoholic persons:
AN ORDINANCE TO APPROPRIATE FUNDS TO PROVIDE
SERVICES FOR THE TREATMENT AND PEHABILITATION
OF ALCOHOLIC PEF-SONS
WHEREAS, the City Council is interested in providing services
for the treatment and rehabilitation of alcoholic persons and,
WH , the Bureau of Alcohol Studies and Rehabilitation
has agreed to pay the city an amount not to exceed twenty one
thousand, seven hundred twelve dollars And ninety two cents,
(21,712.92).
NOW, TIIEREFORE BE IT OR-DAINED BY THE COUNCIL OF THE CITY
OF VIRGINIA BF-&CH, VIRGINIA:
That funds to provide services for the treatment and
rehabilitation of alcoholic persons be appropriated to the
Department of Mental Ilealth as follows:
Salaries
Alcohol Coordinator @14,400
Alcoholism Counselor 10,512
Clerk-Stenographer 6,144
Travel/Training/Supplies/Rent 3,000
Fringe Benefits 2,985
Total Budget $372041
That appropriated funds for the purposes specified herein
will be provided by the State $21,712, by transfer from the budget
of the Health Departnient $14,290 and by transfer from the General
Fund Reserve for Contingencies $1,039.
1
First Reading: October 11, 1976
Second Reading:
ITEM #10129
On motion by Vice Mayor Standing, seconded by Councilman Waterfield,
and by recorded vote as follows:
Ayes: Council Members John A. Baum, Robert B. Cromwell, Jr.,
John R. Griffin, Mayor Clarence A. liolland, J. Henry McCoy, Jr.
Meyera E. Oberndorf, J. Curtis Payne, R. L. Riggs, Vice Mayor
Patrick L. Standing, and Floyd E. Waterfield, Jr.
Nays: None
Absent: Councilman George R. Ferrell
'City Council voted to approve the following ordinance to amend and
reordain Section 29-3 of the Code of the City of Virginia Beach,
Virginia, relating to sewer installation fees:
AN ORDINANCE TO AMEND AND REORDAIN
SECTION 29-3 OF THE CODE OF THE CITY
OF VIRGINIA BEACH, VIRGINIA, RELATING
10 SE@QER INSTALLA-RION FII:ES.
*This ordinance was adopted by City Council and was subsequently
found to contain errors:
Upon motion by Councilman Riggs, seconded by Councilman NIcCoy, and
by recorded vote as follows:
Ayes: Council Members John A. Baum, Robert B. Cromwell, Jr.,
John R. Griffin, Mayor Clarence A. Holland, J. lienry McCoy,.Jr.
Meyera E. Oberndorf, J. Curtis Payne, R. L. Riggs, Vice Mayor
Patrick L. Standing, and Floyd E. Waterfield, Jr.
Nays: None
Absent: Councilman George R. Ferrell
The motion to adopt the ordinance was rescinded and deferred one week;
tlie existing Section 29-3 of the City Code relating to Sewer Installation
Fees continued in force pending the resubmi$sion of the corrected
ordinance.
ITEM #10130
On motion by Vice Mayor Standing, seconded by Councilman Waterfield,
and by recorded vote as follows:
Ayes: Council @lembers John A. Baum, Robert B. Cromwell, Jr.,
John R. Griffin, Mayor Clarence A. Holland, J. Henry McCoy, Jr.
Meyera E. Oberndorf, J. Curtis Payne, R. L. Riggs, Vice Mayor
Patrick L. Standing, and Floyd E. Waterfield, Jr.
Nays: None
Absent: Councilman George R. Ferrell
*City Council voted to approve the following ordillance to amend and
reordain Section 29-3 of the Code of the City of Virginia Beach,
Virginia, relating to sewer installation fees:
AN ORDINANCE TO AMEND AND REORDAIN
SECTION 29-3 OF THE CODE OF THE CITY
OF VIRGINIA BEACH, VIRGINIA, RELATING
TO SEWER INSTALLATION FEES.
*This ordinance was adopted by City Council and was subsequently
found to contain errors:
Upon motion by Councilman Riggs, seconded by Councilman McCoy, and
by recorded vote as follows:
Ayes: Council Members John A. Baum, Robert B. Cromwell, Jr.,
John R. Griffin, Mayor Clarence A. Holland, J. Henry McCoy, Jr.,
Meyera E. Oberndorf, J. Curtis Payne, R. L. Riggs, Vice Mayor
Patrick L. Standing, and Floyd E. Waterfield, Jr.
Nays: None
Absent: Councilman George R. Ferrell
The motion to adopt the ordinance was rescinded and deferred one week,
and the existing Section 29-3 of the City Code relating to sewer
installation fees continued in force pending the resubmission of the
corrected ordinance
ITEM #10131
On motion by Councilman Payne, seconded by Councilman McCoy, and by
recorded vote as follows:
Ayes: Council Members John A. Baum, Robert B. Cromwell, Jr.,
John R. Griffin, Mayor Clarence A. Holland, J. Henry McCoy, Jr.
Nleyera E. Oberndorf, J. Curtis Payne, R. L. Riggs, Vice @4ayor
Patrick L. Standing, and Floyd E. Waterfield, Jr.
Nays: None
Absent: Councilman George R. Ferrell
'City Council voted to approve the following ordinance to amend and
reordain Section 37-30 of the Code of the City of Virginia Beach,
Virginia, relating to water line fees:
AN ORDINANCL TO AMEND ANt) REORDAIN
SECTION 37-30 OF I-IIE CODF OF 'F[iE CITY
OF V"RGINIA BEACII, VIRGIT@IA, RELATING
TO WAIER LINE FEES.
*This ordinance was adopted by City Council and was subsequently
found to contain errors.
On motion by Councilman Riggs, seconded by Councilman '4cCoy, and by
recorded vote as follows:
Ayes: Council Members John A. Baum, Robert B. Cromwell, Jr.,
John R. Griffin, Mavor Clarence A. Holland, J. fienry @IcCoy, Jr.,
Meyera E. Oberndorf, J. Curtis Payne, R. L. Riggs, Vice Mayor
Patrick L. Standing, and Floyd E. Waterfield, Jr.
Nays: None
Absent: Councilman George R. Ferrell
The motion to adopt tlie ordinance was rescinded and deferred one week,
and the existing Section 37-30 of the City Code relating to water
line fees continued in force pending the resubmission of tlie corrected
ordinance.
ITE@L #10132
On motion by Councilman Payne, seconded by Councilman McCoy, and by
recorded vote as follows:
Ayes: Council Members John A. Baum, Robert B. Cromwell, Jr.,
John R. Griffin, Mayor Clarence A. @folland, J. Henry McCoy, Jr.
Meyera E. Oberndorf, J. Curtis Payne, R. L. Riggs, Vice Mayor
Patrick L. Standing, and Floyd E. Waterfield, Jr.
Nays: None
Absent: Councilman George R. Ferrell
*City Council voted to approve the following ordinance to amend and
reordain Section 37-30 of the Code of the City of Virginia Beach,
Virginia, relating to water line fees:
AN ORDINANCE TO AMEND AND REORDAIN
SECTION 37-30 OF THE CODE OF THE CITY
OF V'IRGINIA BEACH, VIRGINIA, RELATING
TO WATER LINE FEES.
*This ordinance was adopted by City Council and was subsequently
found to contain errors.
On motion by Councilman Riggs, seconded by Councilman McCoy, and by
recorded vote as follows:
Ayes: Council Members John A. Baum, Robert B. Cromwell, Jr.,
John R. Griffin, Mayor Clarence A. Holland, J. Henry McCoy, Jr.
Meyera E. Oberndorf, J. Curtis Payne, R. L. Riggs, Vice Mayor
Patrick L. Standing, and Floyd E. Waterfield, Jr.
Nays: None
Absent: Councilman George R. Ferrell
The motion to adopt the ordinance was rescinded and deferred one week,
and the existing Section 37-30 of the City Code relating to water line
fees continued in force pending the resubmission of the corrected
ordinance.
ITEM #10133
On motion by Councilman Waterfield, seconded by Councilman Baum, and
by recorded vote as follows:
Ayes: Council Members John A. Baum, Pobert B. Cromwell, Jr.,
John R. Griffin, Mayor Clarence A. Holland, J. Henry McCoy, Jr.
Meyera E. Oberndorf, J. Curtis Payne, R. L. Riggs, Vice Mayor
Patrick L. Standing, and Floyd E. Waterfield, Jr.
Nays: None
Absent: Councilman George R. Ferrell
City Council approved the following tax refunds in the amount of
$688.10:
On motion by Councila. Riggs, seco.ded by Vice Mayo@ Standing, and
by @ecorded vote as follows:
Ayes: Council Me@nb.@s John A. Baum, Robert B. Crom.ell, Jr.,
J.hn R. Griffin, Mayor Cl.@@nco A. Floll..d, J. Henry McCoy, Jr.,
@leyera E. Oberndorf, J. Curtis Payne, R. L. Riggs, Vice Mayor
Patrick L. Standing, and Floyd E. Wat@@field, Jr.
Nays: None
Absent: Cou.cilman Go.rge R. Forroll
City Council adopted tho f.Ilowing Ro,.Iution auth.,izi.g tiie submissi.n
of a g@.nt applic.ti.n for the Di@i.ion of Justic@ ..d C,imo Pr@@@ntion
for pro@ision of adva.-d trainin for th@ P.lice Depart.@nt. I'l,o
estimat@d cost of the p,ogram is t25,000. Of this a.0u.t, the local
matchi.g @equir@.@.t i@ $1,250; nd f.rtl,cr auth.,i@@d the City Ma..g@,
to @xecute the .@cessary d.c.ments:
R E S 0 L U T I 0 N
nEREAS, th. Cri.. 0-ib.s ..d Safe St@eets Act of 1968, as am-ded,
p@.@ide@ Fed.@al Fu@d@ to a@sist p.litical @.bdivisi..s f the vario.@ state@
i. i.p@o@i.g th.i@ @.@pe@tiv@ j.@tice @y@t..s i. order to @edc.
@li.i.at. i.ad.qua@i.@; ..d
WHF,REAS, th.@. @.ists i.ad.q-cies withi. th. L.w E.frcment se.t.@ of
ti,e C@i.inal Ju@ti@@ Sy@t@. f this City; a.d
WHEREAS, th@@. exi@ts . .@.d t. p@o@ide tr.ining f-r th. Police Depart-
M..t i. .@d@r t. @.du@. or .1i.i.at. inad.q..ci.@; a.d
WIIEREAS, th. @.bject p@og@- will .0st a t.t.1 f $25,000 f which th.
City-s p@.prti..at@ sh.r. -..ts t. $1,250, and
WHERF.AS, it i@ ...ess.ry that ..ch p.liti..l sbdivisi.. p@ticipating
i. th. p@.g@- p@.vid. . pr.porti ... t. @h@@ of th. c.st ther..f,
NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH:
Th.t the City Mnager is h.@eby a.th.@ized ad dir.ct.d to cause s.ch
i.f.@mti.. r m.t.rial@ s may b. neces.ary to b@ pr.vided to th. pp@.pri-
at@ @tate g.nci.@ to pe-it the for..Iation, ppr.val and f..ding of th.@@
progr-@ ne.d.d by th. City.
AND, BE IT FURTHER RESOLVED, th.t th. Co.ncil of the City of Virgi.ia
B.a@h gi@.@ it, th.t th. fnds e.d.d s th. City'@ pr.po@ti.nate
@h.@e of the @.st of pp@ov@d p@.g@ams @ill b. p@.vided.
AND, BE IT FURTliER RESOLVED, tht th. G.v@@n.r f Vi@gi.ia i@ @.@p.@tflly
@eq.e@t@d t. .@@i@t j. th. p@..pt app@ov.1 @.d f..di.g f ..@d@d p@.g@..@ in
.@d@@ that the p.bli@ int@,e@t@ of thi@ City ..y be b-t p@.t.@t.d.
Ad.pt.d by th. City Co..@il f th. City f Vi@gi.i. Be..h, Virginia, .. th.
d.y f O@t.ber -.1 1 9 7 6
C.@tifie,l t. b. a tr.. ..c@,pt of th@ Min.te, f th. City Co.@cil of th@ City
.f Vir @'Be.@h, Virgi.i. ppr.v@d
L i A 1 ZI-@
,@j Cit@ Cl@,,k
ITEM #10134
On motion by Councilman W.te@field, se@-nded by Councilman Griffin,
a.d by r@.ord@d vot@ s foll,@,:
Ayes: Council Membe,s John A. B.um, Robert B. J,.,
Johii R. Griffin, Mayor Cla,e.c, A. Holl.nd, J. lf@nry McCoy, J,.,
Meyera E. Ober.dorf, J. C.@tis P.yne, R. L. Riggs, Vice M@yor
Patrick L. St.nding, @nd Fl.yd E. Wat.,ficid, Jr.
Nays: None
Absent: Council.an George R. Ferrell
City Council dopted th@ follo@ing Resolution authorizing th. submissi.n
of a grant -ppli@ati.. to t],, Divi,i,n of Ju,tic, @@d Cri@, Pr.vention
for provi.ion f @ radio @ ... u@i,ati.ns system f.r the Sheriff',
Departme.t. The estimated @ost of the total sy@t.m i. $20,034. Of
this amount, the local atching r@quireme@t is $1,002; and furth,r a@th,ri,,d
the City Manage@ to @.ccut@ th, @,,es@.@y d.cuments:
R E S 0 L U T I 0 N
WHEREAS, tl,. C@i.e Om.ib.@ nd S.f@ St,@et@ A@t @f 1968 1 a@ -ended,
p@.@id.@ F.d@ral funds t@ a,@ist p.litic@l @ubdi,i,i.ns of the vari.us st.t.s
in imp@.@ing th.i@ -sp..tiv. rimi.al j.sti@e @yst-@ in ord.@ t. @edu.e or
elimi.ate i.ad.qu.@ies; ..d
WHEREAS, the- xist@ i..d.quaci.s ithin the c.r@e.tions @.@tor of th.
Cri.i..l J.@tice Syst@m @f this City; and
WHEREAS, th.@@ ..i,ts a ... d t. pr.@id. @.di. qip...t
f.r th. Sh.riff-, Depart,@.nt in rde@ to @.duce .@ Iimin.t. inad.qmcies;
..d
WHEREAS, the s.bje@t p@.gra. ill c.st . total f $20,034 of which th.
City's p@.porti ... te shar@ amou.t@ to $1,002; and
WHEREAS, it is n@.essa@y th.t @..h p.liti@.1 @.bdivisi.n p.rti.ipati.g
in th. prog@a. p@o@ide . p@.p.rti.nat. @har@ f th. cost th.reof,
NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA
BLACH:
That the City Mnag.r is h.reby ath.ri@.d and di@e.ted to cause such
inf.rmati.n .@ at.@ials .@ ay be n.c.s@-y t. b@ pr.@ided to th. app@.p@i-
.t. @tat@ ag.n@i., t. p@mit th. approval ..d f=di.g of th.@.
p@ogr-@ n..d.d by th. City.
AND, BE IT FURTffER RESOLVED, that th@ C.u..il of tl,. City of Virgi.ia B..@t,
gi@@@ its s@u@-.e th@t th. f.nds .-d@d a@ th. City'@ p@oportio..t. @h.r. f
th@ @o@t f pp@.@.d p@.g@a.., ill b. p@o@id@d.
AND, BE IT FURTHER RESOLVED, that th@ Gov.@n.@ uf Virgi@ia i@ @e@p.@tflly
r.qu@st.d to a@@i@t i. the p,.mpt ppr.@al a.d f..di.g f ..ed.d progr..@ i.
.,d- that the p.bli@ i.te@@,t@ f thi@ City m.y b. be@t p@.t.@t.d.
Ad.pt.d by th. City C .... il f th@ City f Vi,gi@ia B..@h, Virgi.ia, o. the
Elov@.th day f October 1 9 7 6
C:@@tifi@d t. b@ . t,@@ @.-Pt f tt,@ min.t@@ Of th@ City Co..@il of th. City
.f Vi@gi.ia B@.@h, Vi@gi@,i., pp@.@@d
On motion by Councilman McCoy, seconded by Vice @layor Standing, and
by r@corded vote as follows:
Ayes: Council Members John A. Baum, Robert B. Cromwell, Jr.,
John R. Griffin, Mayor Clarence A. Holland, J. Henry McCoy, Jr.,
Meyera E. Oberndorf, J. Curtis Payne, R. L. Riggs, Vice Nlayor
Patrick L. Standing, and Floyd E. Waterfield, Jr.
Nays: None
Absent: Councilman George R. Ferrell
City Council approved standard water and sewer agreements for Woodstock
Cove II, Kempsville Borough.
ITEM #10137
on motion by Councilman McCoy, seconded by Councilman Griffin, and by
recor,led vote as follows:
Ayes: Council Members John A. Baum, Robert B. Cromwell, Jr.,
John R. Griffin, Mayor Clarence A. liolland, J. lienry McCoy, Jr.,
Meyera E. Ob-erndorf, J. Curtis Payne, R. L. Riggs, Vice Mayor
Patrick L. Standing, and Floyd E. Waterfield, Jr.
Nays: None
Absent: Councilman George R. Ferrell
City Council approved the renewal of the raffle permit for the
Malibu Elementary School P.T.A.
ITEM #10138
Councilman McCoy stated that within the next week Council has to
decide on an alternate plan to the Tidewater Transportation District
Commission as purported by the Southeastern Virginia Plannind District
Commission.
After considerable discussion, it was decided that this matter will be
placed on the Informal Agenda of October 2S, 1976.
ITEM #10139
Mr. John X. Aragona, Jr. appeared before City Council regarding new
ivi-dence relative to the allegation of police-spying on private citizens.
Mr. Aragona requested Council to call for an investigation into the
matter and make their findings public.
Mr. Leland Woodwar d requested Council to permit a Councilman to serve
as Police Commissioner, presiding over a Police Commission to review
and recommend regarding the operation of the Police Department; Mr.
Woodward also recommended the same for a Fire Commissioner.
Mr. Joel Smith requested Council to appoint a Committee to study
alleged allegations; and further requested Council to take a position
on the issue.
Mr. Frank Miller spoke to Council regarding the Police Department, and
indicated that he was not satisfied that the deatli of his son and his
sons friend had accurred as reported by the Police Department. Mr.
Miller requested further investigation into the matter.
Mr. F. Reid Ervin spoke to Council regarding the Police Department.
Mr. Ervin spoke on many of the good qualities of our Police Department
After considerable discussion, Councilman McCoy made a motion, seconded
by Councilman Waterfield, to adjourn into Executive Session for the
purpose of discussing personnel matters. The recorded vote is as
follows:
Ayes: Council Members John A. Baum, Robert B. Cromwell, Jr.,
John R. Griffin, Mayor Clarence A. Holland, J. Henry McCoy, Jr.
J. Curtis Payne, R. L. Riggs, Vice Mayor Patrick L. Standing,
and Floyd E. Waterfield, Jr.
Nays: Councilwoman Meyera E. Oberndorf
Absent: Councilman George R. Ferrell
City Council voted to adjourn into Executive Session for the purpose
of discussing personnel matters. Councilwoman OI)erndorf dicl not attend
tiie Executive Session.
ITEM #10140
City Council reconvened into regular session at 5:45 p.m. with the
following Council Members present:
John A. Baum, Robert B. Cromwell, Jr., John R. Griffin, Mayor Clarence
A. Holland, J. Henry McCoy, Jr., J. Curtis Payne, R. L. Rig@s, Vice Mayor
Patrick L. Standing, and Floyd E. Waterfield, Jr.
Council Nlembers absent: Councilman George R. Ferrell
@layor Ifolland read the following statement:
"The Council has discussed, in executive
session, a personnel matter which con-
cerns the allegations of political
illegal surveillance of political leaders
and/or persons of Italian surnames.
The Council has decided, not by vote, but
by consensus, that there is no evidence of
illegal files maintained; that we will not
direct any investigation by the City Manager
or any Committees to the Commonwealth Attorney
or the Grand Jury. It will encourage Council
persons and citizens to take their evidence to
the Commonwealth Attorney or the City Manager,
if such evidence exists.
The Council will not entertain any Further dis-
cussion until these procedures have been followed.
The Council does keep an opell mind on this subject
at this time."
ITEPI #10141
On motion by Vice Mayor Standing, seconded by Councilman Baum, and by
acclamation, the meeting adjourned at 5:55 p.m.
Richard J. @ye bbon, City Clerk
City of Virginia Beach,
Virginia
October 11, 1976