JANUARY 3, 1977
MINUTES OF THE HONORABLE CITY COUINCLL
OF TIIE
CITY OF VIRGINIA BEACH, VIRGINIA
January 3, 1977
The regular meeting of the Council of the City of Virginia Beach,
Virginia, was called to order by Mayor Clarence A. Ifolland, in
the Conference Room, in the Administration Building, Princess
Anne Borough, on @londay, January 3, 1977, at 1:00 p.m.
Council Members present: John A. Baum, Robert B. Cromwell, Jr.,
George R. Ferrell, John R. Griffin, Mayor Clarence A. Holland, J.
Henry McCoy, Jr., Meyera E. Oberndorf, J. Curtis Payne, Roger L.
Riggs, and Vice Mayor Patrick L. Standing
Council Members absent: Floyd E. Waterfield, Jr.*
ITEM #10327
There was no motion to go into either the informal meeting or
the Executive Session.
City Council took no formal motion but did publicly discuss with
Attorney Robert G. Doumar, representing Mr. Fred L. Liebold of
Liebold Construction Company, developer of Brigadoon, their request
for a clarification of the City policy regarding requiring dual
lane highways as a condition of subdivision approval. They did
request a monetary credit from the City for the work performed
by them in the development of Brigadoon.
The City Council referred the request to the City Attorney for
legal guidance.
The City Manager discussed the problems involved with the maint-
enance dredging of Lynnhaven Inlet. Formal action was deferred.
*Councilman Waterfield entered meeting at 1:08 p.m.
ITEM #10328
At 2:00 p.m., City Council reconvened in the Council Chambers
with the following Members present:
John A. Baum, Robert B. Cromwell, Jr., George R. Ferrell, John R.
Griffin, Mayor Clarence A. Holland, J. lienry McCoy, Jr., Meyera E.
Oberndorf, J. Curtis Payne, Roger L. Riggs, Vice Mayor Patrick L.
Standing, and Floyd E. Waterfield, Jr.
The invocation was given by the Reverend William E. Austin, Virginia
Beach Christian Church, followed by the Pledge of Allegiance.
ITEM #10329
On motion by Councilman Ferrell, seconded by Councilman Cromwell,
and by recorded vote as follows:
Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., George
R. Ferrell, John R. Griffin, Mayor Clarence A. Holland, J. Henry
McCoy, Jr., Councilwoman Meyera E. Oberndorf, J. Curtis Payne,,
Roger L. Riggs, Vice Mayor Patrick L. Standing, and Floyd E.
Waterfield, Jr.
Nays: None
Absent: None
City Council voted to adopt the following resolution and present
same to the family of Edward Butler (Bubba) Bayne:
@R E S 0 L 17 T I 0 N
WHEREAS, Edward Butl(,r (Bubl)a) Bayne was call.ed
to serve his Eternal Master on Friday, !4ew Years Eve,
December 31, 1976, having served Iiis fellowili(,n in maiiy
different capacities; and,
WHEREAS, the warmth of his personality, the concern
with which lie demonstrated his iiiterest in tlie vicissitudes
and happiness of his fellowman and the guidance which he
supplied to youth, and the leadership which he supplied to
his associates cannot by any pai'aphrasing of words clearly
delineate the loss which his fri-ends and associates will
incur as a result of his deinise, bein.- a kind man and a
reverent one, the greatest and highest accolade that can
be given i.s that he served his fellowm,,tn and his City to
the best of his ability.
14OW, TIIEIIEFORE, the Coiiiicil of the City of Virginia
Beach, Virginia, does hereby direct the City Clerk to
enter this Pesolution into the minutes of this day's meeting,
and forward a copy to the family of Ed%vard Butler (Bubba)
Bayne.
>
Claretice A. Ilolland
@layor
A(lopted by the Council of the City of VirginiLL Beach,
Virgini,i, on tlie Tliird dty of Jantia@y, Ninc,,tcon Hundred and
Seventy-seven
ITEM #10330
On motion by Councilman Payne, seconded by Vice Mayor Standing,
and by recorded vote as follows:
Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., George
R. Ferrell, John R. Griffin, Mayor Clarence A. Holland, J. Henry
McCoy, Jr., Councilwoman Meyera E. Oberndorf, J. Curtis Payne,
Roger L. Riggs, Vice Mayor Patrick L. Standing, and Floyd E.
Waterfield, Jr.
Nays: None
Absent: None
City Council adopted the following resolution and voted to present
same to the family of General Paul M. Booth, with copies to The
Honorable Mills E. Godwin, Governor of the Commonwealth of Virginia:
R E S 0 L U T I 0 N
WHEIZEAS, Gcjicral Paul Ni. Booth, iqas called
December 26, 1976 to serve his Creator after a long
li-fe of service tO ]Iis felloiman; and,
WliEREAS, in tlie courso of this servico- lic did
rospond at the direction of tlie Govornc)r of tlic
Commoiiwealth of Virginia, to a call of distress from
the City of Virginia Beacll and tllc County of Princess
Aiiiie to alleviate tlie damage aiid siifforiiig c3idtired by
the residents of tlii.s arca I'n tho Asli l@ednesclly Storm
of 1962, aiid did to thc best of Iiis training and ability
miniinize tlie loss of life aild prol)crty;
NOW, THEREFORE, tliis Resolutio3i is adoptod by the
Council of tlie City of Virginia Beacii, Virginia, ivitli a
request that it be forwarded to Tlio lionorable Nlills E.
Godwin, Governor of tlie Commonivealth of Virginia, and
the fainily of Geiieral Paul 1,1. Bootli as an expression of
appreciation and coliccrn by tlie Couicil of the City of
Virgiiiia Beacli, Virginia.
lireiicc, A. Ifo l@iii
Mayor
, Ii
I If, ;
I I
Adoptod by tllo Council of tho City of Virgiiiia Beacli,
Vir@iiiia, on tho I'Iiird day of J,,I,,Li@ , Nincteen Ifunclred aii(I
Soveiity-seven
ITEM #10331
On motion by Councilman Payne, seconded by Vice Mayor Standing,
and by recorded vote as follows:
Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., George
R. Ferrell, John R. Griffin, Mayor Clarence A. Holland, J. Henry
McCoy, Jr., Councilwoman Meyera E. Oberndorf, J. Curtis Payne,
Roger L. Riggs, Vice Mayor Patrick L. Standing, and Floyd E.
Waterfield, Jr.
Nays: None
Absent: None
City Council voted to approve the minutes of the regular meeting
of December 20, 1976, and dispensed with the reading of said minutes
inasmuch as each Council Member had a copy.
ITEM #10332
On motion by Vice Mayor Standing, seconded by Councilwoman Oberndorf,
and by recorded vote as follows:
Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., George
R. Ferrell, John R. Griffin, Mayor Clarence A. Holland, J. Henry
McCoy, Jr., Councilwoman Meyera E. Oberndorf, J. Curtis Payne,
Roger L. Riggs, Vice Mayor Patrick L. Standing, and Floyd E.
Waterfield, Jr.
Nays: None
Absent: None
City Council approved on second reading the following ordinance
to accept a grant totalling $11,110 from the Division of Justice
and Crime Prevention and to appropriate these funds:
AN ORDINANCE TO ACCEPT A GRANT
TOTALLING $11,110 FROM THE
DIVISION OF JUSTICE AND CRIME
PREVENTION AND TO APPROPRIATE
THESE FUNDS
WHEREAS, the Virginia Beach City Council on September 7, 1976,
approved the submission of a grant application to the Division of Justice
and Crime Prevention for regional Juvenile Corrections Personnel Training;
and
WHEREAS, the Division of Justice and Crime Prevention has approved
the application.
NOW, THEREFORE, BE IT ORDATNED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
That a grant from the Division of Justice and Crime Prevention
(DJCP) be accepted and appropriated for the following purpose:
Estimated Revenue Local Total
From Other Agencies Match Appropriation
Regional Juvenile
Corrections Personnel
Training 555 @55 110
That the appropriations will be financed by $10,555 estimated
revenue from DJCP and $555 estimated revenue from the Southeastern
Virginia Planning District Commission.
First Reading: December 20, 1976
Second Reading: January 3, 1977
Adopted by the Council of the City of Virginia Beach on the
Third day of January -, 197,7,
ITEM #10333
The City Clerk read the following Public Notice:
PUBLIC NOTICE
Virginia: Notice is herein given that on Monday January 3, 1977
at 2:00 p.m. in the City Council Chambers in the Administration
Building at the Municipal Center, Princess Anne Station, Virginia
Beach, Virginia, the City Council of the City of Virginia Beach
will meet for the purpose of holding a public hearing on the Step
I Facilities Plan, developed under Section 201 of the Federal
Water Pollution Control Act Amendments of 1972. The Plan proposes
alternative methods for sewage collection and wastewater treatment
in specific areas of need within the City to be funded under Public
Law 92-500. Included in the Plan is an Environmental Assessment
of the proposed alternatives. All persons who wish to address
City Council regarding the proposed plan should register their
names by letter or telephone (427-4304) with the office of the City
Clerk on or before 5:00 p.m., on Wednesday December 29, 1976, or
register with the Deputy City Clerk at the City Clerk's desk in the
Council Chambers before the opening of the Public Hearing at 2:00
p.m. on Monday, January 3, 1977.
@c,
R W bo@
City Clerk
The following document is entered in the minutes as a matter of
public record:
Record of Public Hearing
on
EPA Facility Planning Grant No. C510592-01
Pursuant to 40CFR, Chapter 1, Subchapter D, Part 105, the Council of the City
of Virginia Beach held a Public Hearing at 2:00 p.m. on January 3, 1977 in
City Council Chambers at the Municipal Center, Virginia Beach, Virginia for
the purpose of receiving public connent on the proposed wastewater collection
systems contained within the above-referenced document funded under the above-
referenced contract with the U.S. Environmental Protection Agency.
Those recorded as being in attendance in the audience included Colonel William
Love of the Hampton Roads Sanitation District (and Chairman of the Hampton Roads
Water Quality Agency Commission) , members of the Hampton Roads Sanitation Dis-
trict Staff, and members of the State Water Control Board - Tidewater Regional
Office Staff. Also in attendance were the City's Project Administrator and
Project Manager and menbers of the firm of EnviroPlan, Inc., consultants to the
City for the Facility Planning Grant.
The City Manager provided a brief explanation of the proposed Facility Plati and
entertained questions from meriibers of the City Council. Colonel Love r@esponded
to several questions raised by Council with respect to the scheduling of the
Atlantic Wastewater Treatment Plant which has been delayed. The Colonel also
commented favorably on @'he proposed Facility Plan.
There being no other connents, the Public Hearing was adjourned at approximately
2:1@o P.M.
Certified to be a true excerpt from the minutes of the City Council of the City
of Virginia Beach, Virg,,nia, January 3, 1977.
Ri cria ra 'I@
city Cl erk j'
It was noted that this matter will be brought back before Council at
a later date in order to make application and forward the proposed
resolution to the appropriate agencies.
ITEM #10334
On motion by Councilman Ferrell, seconded by Vice Mayor Standing,
and by recorded vote as follows:
Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., George
R. Ferrell, John R. Griffin, Mayor Clarence A. Holland, J. Ilenry
McCoy, Jr., Councilwoman Meyera E. Oberndorf, J. Curtis Payne,
Roger L. Riggs, Vice Mayor Patrick L. Standing, and Floyd E.
Waterfield, Jr.
Nays: None
Absent: None
City Council approved the following ordinance appointing viewers
for the closure of a portion of Centerville Turnpike, in the
Kempsville Borough of the City of Virginia Beach, Virginia:
ORDINANCE APPOINTING VIEWERS
WHEREAS, The Christian Broadcasting Network, Inc.
has given due and proper notice, in accorance with the
statutes for such cases made and provided that they will
on the 3rd day of January, 1977, apply to the City Council
of the City of Virginia Beach, Virginia, for the appoint-
ment of Viewers to view the below-described property and
report in writing to the Council whether, in the opinion
of said Viewers, any, and if any, what inconvenience would
result from the discontinuance of the hereinafter described
portion of that certain street of variable width, and has
filed such application with said Council.
NOW, THEREFORE, be it ORDAINED by the Council of
the City of Virginia Beach, Virginia:
THAT C. Oral Lambert George E. Tinnes
and Robert J. Scott and
are hereby
appointed to view the below described property and report
in writing to the Council on or before February 7, 1977,
whether in th.eir opinion, any, and if any, what incon-
venience would result in the discontinuing and vacating
of a portion of that certain street of variable wid-th
located in the City of Virginia Beach, Virginia, and more
particularly described as follows:
Centerville Turnpike beginning at a point on
the southern right of way of said street,
which point is located at the southeas-lern
intersection of Centerville Turnpike and
Indian River Road, and from said point of
beginning running along the southerniaost
boundary of saicl Centerville Turnpike
North 89* 39' 46" West a distance of 91.78 feet
to a point; and thence along a cul"re to the
righ-, having a radius of 1205.92 feet, an arc
distance of 854.38 feet to a point; thence
South 74@ 26' 37" West a distance of 464.51 feet
to a point; thence along a curve to the left hav-
ing a radius of 1105.34 feet, an arc distance of
1220.00 feet to a point; thence North 83* 52' 09"
West a distance of 311.48 feet to a point in the
eastern right of way of Interstate 64; and thence
along said eastern right of way along a curve to
the left having a radius of 5804.58 feet, an arc
distance of 1021.76 feet to a point in the north-
ern right of way of Centerville Turnpike; and
thence along said northern right of way
North 74@ 26' 37" East a distance of 956.23 feet
to a point; thence along a curve to the left
having a radius of 1045.92 feet, an arc distance
of 695.38 feet to a point; thence North 5* 38' 56"
West 97.02 feet to a point in the southern right
of way of Indian River Road, the southwestern
intersection of Centerville Tdrnpike and Indian
River Road; and thence along the said southern
right of way of indiaii River Road South 60' 031 @211
East a distance of 300 feet to the point of
beginning. (Portion to be vacated is designated
as 10.933 acres on the below described plat.)
All the above as shown upon that certain plat
entitled, "Plat Showing a Portion of Centerville Turnpike
to be Closed between Indian River Road and Interstate 64
for The Christian Broadcastinq Network, Inc., Kempsville
Borough - Virginia Beach, Virginia", which plat is attached,
hereto and made a part hereof and intended to be recorded
with the ordinance closing the aforedescribed street.
IN THE MATTER OF CLOSING, VACATING AND
DISCONTINUING A PORTION OF THAT CERTAIN
STREET OF VARIABLE WIDTH, KNOWN AS
CENTERVILLE TURNPIKE, AS SHOWN UPON THAT
CERTAIN PLAT ENTITLED, "PLAT SHOWING A
PORTION OF CENTERVILLE TURNPIKE TO BE
CLOSED BETWEEN INDIAN RIVER ROAD AND
INTERSTATE 64 FOR THE CHRISTIAN BROAD-
CASTING NETWORK, INC., KEMPSVILLE BOROUGH -
VI,RGINIA BEACH, VIRGINIA", WHICH PLAT IS
ATTACHED HERETO.
P E T I T I 0 N
TO: THE MAYOR AND THE MEMBERS OF THE COUNCIL
OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Your petitioner, The Christian Broadcasting
Network, Inc., respectfully represents as follows:
1. That pursuant to the provisions of Section
15.1-364 of the 1950 Code of Virginia, as amended, the
petitioner applies for the vacating, closing, and dis-
continuance of a portion of that certain street, which is
more specifically described as follows:
Centerville Turnpike beginning at a point on
the southern right of way of said st)--ee-t,
which point is located at the southeastern
intersection of Centerville Turnpike and
Indian River Road, and from said point of
beginning running along the southernmost
boundary of said Centerville Turnpike
North 890 391 4611 West a distance of 91.78 feet
to a point; and thence along a curve to the
righ-, having a radius of 1205.92 feet, an arc
distance of 854.38 feet to a point; thence -
South 74@ 26' 37" West a distance of 464.51 feet
to a point; thence along a curve to the left hav-
ing a radius of 1105.34 feet, an arc distance of
1220.00 feet to a-point; thence North 83* 52' 09"
West a distance of 311.48 feet to a point in the
eastern right of way of interstate 64; and thence
along said eastern right of way along a curve to
the left having a radius of 5804.58 feet, an arc
distance of 1021.76 feet to a point in the north-
ern right of way of Centerville Turnpike; and