AUGUST 6, 1973
MINUTES OF THE HONORABLE CITY COUNCIL
OF THE
CITY OF VIRGINIA BEACH, VIRGINIA
August 6, 1973
The regular meeting of the Council of the City of Virginia Beach,
Virginia was held in the Council Chambers in the Administration
Building in the Borough of Princess Anne, on Monday, August 6,
1973, at 2:00 p.m.
The invocation was given by the Reverend Ted Wood, Galilee Episcopal_
Church, Virginia Beach, Virginia.
Councilmen proseni: John A. Baum, Robert H. Callis, Jr., Mayor
Robert B. Cromwell, Jr., Vice Mayor F. Reid Ervin, George R.
Ferrell, Charles W. Gardner, Clarence A. Holland, D. Murray Malbon,
J. Curtis Payne, and Donald H. Rhodes.
Councilman absent: Floyd E. Waterfield, Jr.
ITEM #6191
On motion by Councilman Gardner, seconded by Councilman Ferrell, and
by recorded vote as follows:
Ayes: Councilmen John A. Baum, Robert Ii. Callis, Jr., Mayor Robert B.
Cromwell, Jr., Vice Mayor F. Reid Ervin, George R. Ferrell, Charles W.
Gardner, Clarence A. Holland, D. Murray Malbon, J. Curtis Payne, and
Donald H. Rhode5
Nays: None
Absent: Gouncilman Floyd E. Waterfield, Jr.
City Counc-@l approved the Minute@s of the Regular Meeting of Julv 23,
1973, with a correction in the Minutes of July 16, 1973, Item number
6135, application of Ashmac. The stipulation should read 1'16,units
instead of 38 units"
ITEM #6192
On motion by Councilman Payne, seconded by Councilman Holland, and
by recorded vote as follows:
Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Mayor Robert B.
Cromwell, Jr., Vice Mayor F. Reid Erviii, George R. Ferrell, Charles W.
Gardner, Clarence A. Holland, D. Murray Malbon, J. Curtis Payne, and
Donald H. Rhodes
Nays: None
Absent: Councilman Floyd E. Waterfield, Jr.
City Council approved the Minutes of tlie Special Meeting of August 2,
1973, and the reading of said Minutes dispensed with inasmuch as
each Couiicilman had a copy of the subject Minutes before him.
ITEM #6193
Mayor Cromwell presented a Resolution of Commendation to the Cape
Henry Women's Club for their work on behalf of the senior citizens
of Virginia Beach. Mrs. Cox, Project chairman of the Sugar Plum
Tree, and Mrs. Clarence Grossman accepted the Resolution of Commell@@ition.
R E S 0 L U T I 0 N OF C 0 M M E N D A T I 0 N
IIHERF-AS, the City Counc:il of the City of Virginia Beach
-ishes to express appreciation to the cape Henry ivoman's CitLb
for their dedication totvard maintaining an interest @mong woman
in education, cultural areas, the home and civic improvements in
Virginia Beach, and in particular, fo,r their recent work on behalf
of the senior citizens of Virginia Beach; and
IIHEREAS, through the generosity of the Cape Henry Ilomants
Club, Virginia Beach was able to acquire a 'mini-bus" for the
exclusive use of the elderly citizens of Virginia Beach enabling
those who had heretofore been unable to leave their homes, to bL-
transported for medical care, recreational and cultural purposes,
and for other necessities; and
WHERF-AS, the Cape Henry Woman's Club has recently sponsored
"The Sugar Plum Tree", an income supplement store which ivas opened
for the purpose of selling articles made solely by the senior
citizens and from ivhich approximately $6,000.00 was grossed during
the two-week opening of the project.
NOW, THEREFORE, it is the desire of the City Council of the
City of Virginia Beach, to recognize the valuable c'ontribution
made by the Cape Henry %Voman's Club to the Mayor's Commission on
Aging through their unselfish work in the promotion of a better
life for the senior citizens of Virginia Beach.
GIVEiN under my hand and seal this 6tli day of August, 1973.
Robcrt B. Cronitvell, Jr.
Mayor
Apl)lica tion of ,@shton @l. fl@ll ly by i@Is Jr. , Attorney, for a Ch,@n(le
@ll @@; Di',LriCt -ly
i Ib sine (D
of Zoning-fl,@,iii [;istrict tO '@rth of 2C)@li Street, riinning
@ Et@aiti f)ro,@,)(@rty begitinir@g at a rc)int 350 f,-,@ t c L
a distancc o@ 25 feet alo!ig the EASL side or A@L-1@,ntic Avenii2, running a dis-
tance of 150 feet along tii@, @lortfiern propert,,i lir-.e, runnirig a distance of 25
feet along tyic- Eastern pi,operty line aiid runt;ino a distaiice of 150 fect along
the Soutliern property liii(?. Said pircel is kno%.i as the @@olithern 25 fect of
Lot 6, Block 21, Map of Virginia Beach atid conteins 3750 square feet. VIRGINIA
BEACH BOROUGli.
Planning Commission Recorarendation:
A motion by the Planning Commission was passed for denial of this request as the
i)roposed change of zoning represents spot zoning.
Mr. W. Edward Hudgins, Jr., Attorney, appeared on behalf of the
applicant.
Mr. A!ihton H. Pully appedred on behalf of his application.
Mr. Grover C. Wright, Attorney, appeared in opposition to the above
application.
On motion by Counci.lman Callis, seconded by Councilman Rhodes, and
by recorded vote as follows:
Ayes: Councilmen Robert H. Callis, Jr., Mayor Robert B. Cromwell, Jr.,
Clarence A. Holland, D. Murray Malbon, J. Curtis Payne, and Donald H.
Rhodes
Nays: Councilmen John A. Baum, Vice Mayor F. Reid Ervin, George R.
Ferrell, and Charles W. Gardner.
Absent: Councilman Floyd E. Waterfield, Jr.
City Council approved the above application of Ashton H. Pully by
W. Edward Hudgins, Jr., Attorney for a Change of Zoning from Motel-
Hotel District (M-H) to Retail BLiness District (B-1) on certain
property beginning at a point 350 feet North of 20th Street running
a distance of 25 feet along the East side of Atlantic Avenue, running
a distance of 150 feet along the Northern property line, running a
distance of 25 feet along the Eastern property line and running a
distance of 150 feet along the Southern property line. Said parcel
is known as the Southern 2S feet of Lot 6, Block 21, Map of Virginia
Beach and contains 3750 square feet. Virginia Beach Borough; Approval
is subject to the following stipulatioiis:
1. Standard site plan review
2. Water and sewer line fees required. (Public Utilities)
ITEM #6194
On motion by Councilman Rhodes, seconded by Counci lman Gardner,
and by recorded vote as follows:
Ayes: Councilmen John A. Baum, Robert @l. Callis, Jr., Mayor Robert B.
Cromwell, Jr., Vice Mayor F. Reid Ervin, George R. Ferrell, Charles W.
Gardner, Clarence A. Holland, D. Murray Malbon, J. Curtis Payne, Donald
H. Rhodes
Nays: None
Absent: Councilman Floyd E. Waterfield, Jr.
City Council approved on second reading an appropriation in the
amount of $161,S39.00 froni Reserve for Coiitingencies to the Sewer
Construction Fund for the construction of a pumping station site
at Cape Story by the Sea.
ITEM #6195
On motion by Councilman Payne, seconded by Councilman Gardner, and
by recorded vote as follows:
Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Mayor Robert B.
Cromwell, Jr., Vice Mayor F. Reid Ervin, George R. Ferrell, Charles W.
Gardner, Clarence A. Holland, D. Murray Malbon, J. Curtis Payne, and
Donald H. Rhodes.
Nays: None
Absent: Councilman Floyd E. Waterfield, Jr.
City Council approved the appointment of Mrs. Diane Davis as Deputy
City Clerk.
ITEM #6196
City Council deferred for one week, as requested by the City Manager's
office, consideration of an Ordinance prescribing the method for
changing the names of streets.
ITEM #6197
On motion by Councilman Ferrell, seconded by Councilman Gardner, and
by recorded vote as follows:
Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Mayor Robert B.
Cromwell, Jr., Vice Mayor F. Reid Ervin, George R. Ferrell, Charles W.
Gardner, Clarence A. Holland, D. Murray Malbon, J. Curtis Payne, and
Donald H. Rhodes.
Nays: None
Absent: Councilman Floyd E. Waterfield, Jr.
City Council deferred for sixty days consideration of a Street
Closure relative to a 151 right of way in the Lynnhaven Borough
which was,deferred from July 23, 1973.
ITEM #6198
On motion by Councilman Rhodes, seconded by Councilman Holland, and
by recorded vote as follows:
Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Mayor Robert B.
Cromwell, Jr., Vice Mayor F. Reid Ervin, George R. Ferrell, Charles W.
Gardner, Clarence A. Holland, D. Murray Malbon, J. Curtis Payne, and
Donald H. Rhodes
Nays: None
Absent: Councilman Floyd E. Waterfield, Jr.
City Council approved the following tax refunds in the amount of
$ 339 . 9 3
Date Jtilv IFZ, 1973
RO'i: tir- V. A. CVicridge. Treasure-r
CT. Application for Tax RuL-UIIL-Ls.
-f.j-.d of tz:4--:;
-11--Czticnc fcr r tclaling 339. 93
certified for payment, as set fortil below.@-
V. A. Etheridee, Treasurer
Tax Type rxorer-
.'Ticket tion Da@c
Name Year of Ta@ Number 0. Paid Base ally est
& Clara W
OT 197@ CD 44,6'1 6 /2 1/73 .15. 00 15.00
h Wilson 1973 CD 53461 1/26/73 15.00 15.00
hael P. Folck-, 1973 -CD 63778 1/12/73 15.0,0 15.00
nice & Willard L.
dfin Jr. 1973 6D 74474 6/26/73 15.00 15-.00
old S. Lewis 1973 CD 16rj87 1/18/73 i5.00 15.00
th-A. Wagner 1973 PP 74971 9614 6/20'/73 53.04 53.04
iel W. Riger 1973 PP 59265 9343 6/20/73 28.74 28.74
el D. Whalen 1972 PP 70084 949@ 7/10/72 65.10 3.26 68.36
1972 pp 70085 9510 7/10/72 4.20 .21 4.41
est L.'Baracot'l 73, PP 3690 9584, 1/7/73 1 26.881.
.. TWO C.HECKS 16,88
-THIS ITEM
M. Peyton
1973 RE 33839 1498 5/99/73 11.04 11.04
Etheridge, T easur,r, C ty of Virginia B ach
e applied to s pplem,nt b 11 1973- S31533 31'20 31.20
!in B. & Bett
iefj.
s 197-3 RE 2 62 53 1682 6/12/73 5.281
--- 168 6/12/" -18.-2 23.50
1973 26525 16 6/12-/73
I 1 17 76
RE--] 471, 17.746!
r.v,q a
-- ----- ---
ITEM #6199
On motion by Councilman Malbon, seconded by Councilman Ferrell, and
by recorded vote as follows:
Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Mayor Robert B.
Cromwell, Jr., Vice Mayor F. Reid Ervin, George R. Ferrell, Charles W.
Gardner, Clarence A. Holland, D. Murray Malbon, J. Curtis Payne, and
Donald H. Rhodes
Nays: None
Absent: Councilman Floyd E. Waterfield, Jr.
City Council reappropriated the unexpended balances represented
by outstanding purchase orders for which invoices h'ad not been
received on June 30, 1973, into the Fiscal Year 1974 operating
budg6t. These reappropriations should be made from the surplus
of the respective funds as follows:
-General Fund $ 865,621
Water & Sewer Fund 376,990
Virginia Beach Special
Revenue Fund 4,721
School Operating 472,067
Total Reappropriations $1,719.399
ITEM #6200
On motion by Councilman Rhodes, seconded by Councilman Ferrell, and
by recorded vote as follows:
Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Mayor Robert B.
Cromwell, Jr., Vice Mayor F. Reid Ervin, George R. Ferrell, Charles W.
Gardner, Clarence A. Holland, D. Murray Maibon, J. Curtis Payne, Donald
H. Rhodes
Nays: None
Absent: Councilman Floyd E. Waterfield, Jr.
City Council adopted the following Resolution concerning the
HIT program under the Omnibus Crime Control and Safe Streets
Act of 1968. The implementation of this program will require
no more funds than are already apptopriated in the Fiscal Year
1974 budget;
R E S 0 L U T I 0 N
WilEn-AS, the Omnibus Crime Control and Safe Streets Act of 1968, as amended,
provides federal funds to assist political subdivisions of the various states in
improving their respective Criminal Justice Systems in order to reduce or eliminate
inadequacies; and
WHEREAS, there exists a need to strengthen Police resourses in order to reduce
by a measurable degree the incidence of burglaries within the City of Virginia Beach.
WHERrAS, such a program has been designed to increase the effectiveness of the
PLlice Division in coping with the crime of burglary and will cost $290,979.00 of
which $213,577.00 will consist of grant in-aid @@unds and the City's share vill com-
prise $77,422.00 in cash equivalency appropriated under the 73-74 Police budget for
the employment of authorized Police personiiel.
NOW, THEREFORE, BE IT RESOLVED BY TRE CON,CIL OF THE CITY OF VIRGINIA BEACH:
That the City Manager is hereby authorized and directed to cause such infor-
mation or materials as may be necessary to be provided to the appropriate federal
and state agencies. to permit the formulation, approval and funding of the aforeren-
tioned program.
AND BE IT FURTHER RESOLVED, that the Council of the City of Virginia Beach
gives its assurance that the funds needed as the City's proportionate share of the
cost of the approved progr@,',l will be provided.
ITEM #6201
On motion by Councilman Payne, seconded by Councilman Gardner, and
by recorded vote as follows:
Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Mayor Robert B.
Cromwell, Jr., Vice Mayor F. Reid Ervin, George R. Ferrell, Charles W.
Gardner, Clarence A. floiland, D. Murray Malbon, J. Curtis Payne, and
Donald H. Rhodes
Nays: None
Absent: Councilman Floyd E. Waterfield, Jr.
City Council approved a transfer of $6,7S4. from Reserve for
Contingencies to Account #6134-140 (Compensation of Justices
of the Peace) for the appointment of one additional full-time
Justice of the Peace.
ITEM #6202
On motion by Councilman Ferrell, seconded by Councilman Holland, and
by recorded vote as foliows:
Ayes: Councilmen Johri A. Baum, Robert H. Callis, Jr., Mayor Robert B.
Cromwell, Jr., Vice Mayor F. Reid Ervin, George R. Ferrell, Charles W.
Gardner, Clarence A. Holland, D. Murray Malbon, J. Curtis Payne, and
Donald H. Rhodes.
Nays: None
Absent: Councilman Floyd E. Waterfield, Jr.
City Council approved the request of the Electoral Board of the
City of Virginia Beach to relocate the Davis Corner voting place
in Bayside Borough from the Davis Corner Fire Stati*on to Betty F.
Williams Elementary School at 892 Newtown Road. Under Section
24.1-39 of the Virginia Code, such a change must be made at least
sixty days prior to the general election, and notice of the proposed
change must be published once a week for two successive weeks in a
local newspaper.
ITEM #6203
On motion by Councilman Callis, seconded by Councilman Gardner, and
by recorded vote as follows:
Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Mayor Robert B.
Cromwell, Jr., Vice Mayor F. Reid Ervin, George R. Ferrell, Charles W.
Gardner, D. Murray Malbon, J. Curtis Payne, and Donald H. Phodes.
Nays: None
Abstain: Councilman Clarence A.-Holland
Absent: Councilman Floyd E. Waterfield, Jr.
City Council approved the low bid of Ford Pile Foundations, Inc.,
in the amount of $377,840, for the replacement of bulkhead between
42nd and 46th Streets along the Oceanfront and authorized the City
Manager t6 sign a contract for the work. The funds are to be made
available temporarily from the surplus account until Federal funds
are received to cover this bulk@ead replacement.
ITEM #6204
On motion by Councilman Rhodes, seconded by Councilman Gardner, and
by recorded vote as follows:
Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Mayor Robert B.
Cromweil, Jr., Vice Mayor F. Reid Ervin, George R. Ferrell, Charles W.
Gardner, Clarence A. Holland, D. Murray Malbon, J. Curtis Payne, and
Donald H. Rhodes
Nays: None
Absent: Councilman Floyd E. Waterfield, Jr.
City Council approved the low bid of M. E. Wilkins, Incorporated
in the amount of $586,734.40, for the construction of sewer lines
in Thalia North, Section 2, and further authorized the City Manager.
to enter into a contract for this worr. Funds are available for
this project.
@l-- I .- I . - I
ITEM #620S
On motion by Councilman Rhodes, seconded by Councilman Malbon, and
by recorded vote as follows:
Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Mayor Robert B.
Cromwell, Jr., Vice Mayor F. ReidEivin, George R. Ferrell, Charles W.
Gardner, Clarence A. Holland, D. Murray Malbon, J. Curtis Payne, and
Donald H. Rhodes
Nays: None
Absent: Councilman Floyd E. Waterfield, Jr.
City Council approved the low bid of Van de Riet Construction
Company in the amount of $66,895.00 for the construction of a
sanitary sewerage pumping station in Thalia North, Section 2.
City Council further authorized the City Manager to enter into
a contract for this work. Funds are available for this project.
ITEM #6206
On motion by Councilman Rhodes, seconded by Councilman Malbon, and
by recorded vote as follows:
Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Mayor Robert B.
Cromwell, Jr., Vice Mayor F. Reid Ervin, George R. Ferrell, Charles W.
Gardner, Clarence A. Holland, D. Murray Malbon, J. Curtis Payne, and
Donald H. Rhodes
Nays: None
Absent: Councilman Floyd E. Waterfield, Jr.
City Council approved the following application for Bingo Games
and/or Raffies:
Fraternal Order of Eagles #3204
ITEM #6207
On motion by Councilman Rhodes, seconded by Councilman Malbon, and
by recorde-d vote as follows:
Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Mayor Robert B.
Cromwell, Jr., Vice Mayor F. Reid Ervin, George R. Ferrell, Charles W.
Gardner, Clarence A. Holland, D. Murray Malbon, J. Curtis Payne, and
Donald H. Rhodes
Nays: None
Absent: Councilman Floyd E. Waterfield, Jr.
City Council approved the following application for Bingo Games
and/or Raffles:
Fraternal Order of Police, Lodge #8
ITEM #6208
On motion by Councilman Phodes, seconded by Councilman Malbon, and
by recorded vote as follows:
Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Mayor Robert B.
Cromwell, Jr., Vice Mayor F. Reid Ervin, George R. Ferrell, Charles W.
Gardner, Clarence A. Holland, D. Murray Malbon, J. Curtis Payne, and
Donald H. Rhodes
Nays: None
Absent: Councilman Floyd E. Waterfield, Jr.
City Council approved the following application for Bingo Games
and/or Ra@fles:
The Virginia Beach Civic Ballet
ITEM #6209
On motion by Councilman Rhodes, seconded by Councilman Malbon, and
by recorded vote as follows:
Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Mayor Robert B.
Cromwell, Jr., Vice Mayor F. Reid Ervin, George R. Ferrell, Charles W.
Gardner, Clarence A. Holland, D. Murray Malbon, J. Curtis Payne, and
Donald H. Rhodes
Nays: None
Absent: Councilman Floyd E. Waterfield, Jr.
City Council approved the following application for Bingo Games
and/or Raffles:
Pembroke Meadows-Shores Civic League
ITEM #6210
Councilman Ferrell requested the City Manager to check into the
possibility of having the Department of Community Services water
down the area of Kempsville Heights during the installation of
sewer lines.
ITEM #6211
The Honorable A. Joseph Canada appeared before City Council
requesting Council to allow him to work with the City Attorney
in drafting an Ordinance which would cover the fairgrounds in
Pungo. City Council requested the City Manager to meet with
Senator Canada and the City Attorney regarding this and present
recommendations to Council.
ITEM #6212
Councilman Baum presented to the City Council letters regarding the
Corps of Engineers Public Notice on Creek dredging. Councilman Baum
is concerned with flood control in the City of Virginia Beach as far
as long-range plans for creek dredging, and requested Council to
discuss this at the next regular meetilig on August 13, 1973.
ITEM #6213
On motion by Councilman Payne, seconded bY Councilman Ferrell, and
bY recorded vote as follows:
Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Mayor Robert B.
Cromwell, Jr., Vice Mayor F. Reid Ervin, George R. Ferrell, Charles W.
Gardner, Clarence A. Holland, D. Murray Malbon, J. Curtis Payne, and
D6nald H. Rhodes
Nays: None
Absent: Councilman Floyd E. Waterfield, Jr.
City Council noted its intention to hold a closed meeting on Monday,
August 13, 1973 for the purpose of discussing items permitted for
discLission under Section 2.1-344, Sub-paragraph I and 6 of the
Freedom of Information Act of the Commonwealth of Virginia.
ITEM #6214
On motion by Councilman Ferrell, seconded by Councilman Gardner, and
by unanimous vote, the meeting adjourned.
Ric n, City Clerk Robert Cromwell, jr., Mayor
City of Virginia Beach,
Virginia
August 6, 1973