APRIL 24, 1972
MINUTES OF THE HONORABLE CITY COUNCIL
OF THE
CITY OF VIRGINIA BEACH, VIRGINIA
April 24, 1972 4
-@e regular meeting of the Council of the City of Virginia Beach, Virginia was
!ld in the Council Chambers in the Administration Building, in the Borough of
-incess Anne, on Monday, April 24, 1972 at 2:00 p.m.
The invocation was given by Reverend Byron Halstead, Baylake Methodist Church,
Virginia Beach, Virginia.
Councilmen present: Robert H. Callis, Jr., Robert B. Cromwell, Jr., Frank A.
Dusch, F. Reid Ervin, George R. Ferrell, Clarence A. Holland, D. @lurray @Ialbon,
J. Curtis Payne, Vice Mayor Earl M. Tebault, Floyd E. Waterfield, "r., and
Mayor Donald H. Rhodes.
Councilmen absent: None
ITEM #4506
On motion by Councilman Ferrell, seconded by Councilman Malbon, and by recorded
vote as follows:
Ayes: Councilmen Robert H. Callis, Jr., Robert B. Cromwell, Jr., Frank A.
Dusch, F. Reid Ervin, George R. Ferrell, Clarence A. Holland, D. Murray
Malbon, J. Curtis Payne, Vice Mayor Earl @t. Tebault, and Mayor Donald H.
iodes.
..Jys: None
Absent: None
Abstain: Councilman Floyd E. Waterfield, Jr. abstained as he was not present
at the last Council Meeting.
City Council approved the @tinutes of the Regular Meeting of April 17, i972,
and the reading of said Nlinutes dispensed with inasmuch as each Councilman
had a copy of the subject Nlinutes before hir,.
ITEM #4507
On motion by Councilman Malbon, seconded by Vice Mayor Tebault, and by recorded
vote as follows:
Ayes: Councilmen Robert H. Callis, Jr., Robert B. Cromwell, Jr., Frank A.
Dusch, F. Reid Ervin, George R. Ferrell, Clarence A. Holland, D. Murray
Malbon, J. Curtis Payne, Vice Mayor Earl M. Tebault, Floyd E. Waterfield,
Jr., and Mayor Donald H. Rhodes,
ays: None
)sent: None
City Council corrected the Minute@ of March 6, 1972, Item #4251, by indicating
that Councilmen Ervin and Payne voted "Nay" on that particular application.
ITEM #4508
On motion by Councilman Cromwell, seconded by Councilman Holland, and by
recorded vote as follows:
Ayes: Councilmen Robert H. Callis, Jr., Robert B. Cromwell, Jr., Frank A.
Dusch, F. Reid Ervin, George R. Ferrell, Clarence A. Holland D. Murray
Malbon, J. Curtis Pa@ne Vice Mayor Earl M. Tebault, Floyd E' Waterfield,
.1 and Mayor Donald H' Rhodes.
'N.ys: None
Absent: None
City Council corrected the Minutes of April 10 972, Item #4404 by changing
the total of the tax refunds from $402.66 to $i88l.44, as the Treasurer's
Office made an error in the addition.
ITEM #4509
Application of D. L. Garcia Enterprise for a Chanqe of zonina from Residence
Suburban District 4 (R-S 4) to Limited Comme cial DiTt ict 3 (C-L 3) on certain
property beginning at a point 922.34 feet East of Fair Meadows Road running
a distance of 160.45 feet along the South side of Virginia Beach Bo@ievard,
running a distance of 527.34 feet along the Eastern property line, ru nning a
distance of 129.02 feet along the Southern property line ' aKd running a distance
of 562.83 feet along the Western property line. Said parcel contains 1.66
acres. (Fair Meadows Estates Area). BAYSIDE BOROUGH.
The Planning Commission recommends denial of this application as the proposed
change of zoning does not conform with the Bayside Development Plan which proposes
this property remain residential and since the use to be made of this property
was not clear, the residents of the area should be apprised of the use before
approval can be recommended.
Mr. Grover Wright appeared ori behalf of Mr. and Mrs. G. C. Raiford, property
owners.
Mr. D. L. Garcia appeared on behalf of his application.
On motion by Councilman Holland, seconded by Councilman Cromwell, and by
recorded vote as follows:
Ayes: Councilmen Robert H. Callis, Jr., Robert B. Cromwell, Jr., Frank A.
Dusch, F. Reid Ervin, George R. Ferrell, Clarence A. liolland, D. Murray
Malbon, J. Curtis Payne, Vice Mayor Earl @l. Tebault, Floyd E. Waterfield,
Jr., and Mayor Donald H. Rhodes.
Nays: None
Absent: None
City Council approved the above application of D. L. Garcia Enterprise for a
from Residence Suburban District 4 (R-S 4) to Limited
str ct 3 (C.-L 3) on certain property beginning at a point 922.34
feet East of Fair Meadows Road,(Fair @leadows Fstates Area) Bayside Borough,
st-iect to standard site plan requirements, which include pavement widening
tc !6 feet and C-G 6 requirements along the road; subject to a dedication of
ri it away 80 feet from the center line of the existing 120 foot right of way
along the 160.45 foot more or less frontage on Virginia Beach Boulevard (20-
foot dedication) as requested by the Engineering Division; and further subject
to City water and sewer as requested by th,e lfe@ilth Department.
ITEM # 4510
Application of Ester S. Grant for a ChlnrfP. of 7onino from Rural PLSidence District
3 (RR-3) to [Zesidence Suburban Distr-l@2-Ti@-,)Ton-certain pror)prty frontinc! 317
fL,et on the South side rf PYlands !,Cad, bciiini.,,,,7 at tl,,@ Ea,@t,@r'n sid- of Younn
Street. Ilavirig a depth of -115'-, feet along th,, E,,stern orcpcrty line, a width of
160 fcot, nore or less, alonq tlie Southcrn @ro,')Crty li'no (Lake Smith), a depth
of 295.5.fc@,t alonq the "(,stern pronertv Iiiie; ttirnino and runnin(i a distance,of
158.5 feet to the tast side of Young Street (15 feet in I-lidth). (Lakeview Park
Area).
uncilman Cromwell made a motion, which was seconded by Councilman Waterfield,
to deny the above application of Ester S. Grant; the applicant being deceased.
Councilman.Cromwell and Councilman Waterfield withdrew their motion.
On motion by Councilman Cromwell, seconded bv Councilman Waterfield, and by
recorded vote as follows:
Ayes: Councilmen Robert H. Callis, Jr., Robert B. Cromwell, Jr., Frank A.
Dusch, F. Reid Ervin, George R. Ferrell, Clarence A. Holland, D. @lurray
Malbon, J. Curtis Payne, Vice Mayor Earl @l. Tebault, Floyd E. Waterfield,
Jr., and Mayor Donald H. Rhodes.
Nays: None
Absent: None
City Council approved the withdrawal of the above application of Ester S. Grant
for a Change of Zoning from Rural Residence District 3 (RR-3) to Residence
Suburban istrict -S-2) on certain property fronting 317 feet on the South
side of Rylands Road, Lakeview Park Area.
ITEM #4511
Applicatio,i of C. L. Poivers for a Chanr-..e of 7onini from Rural Residence District 3
(RR-3) to Residcnce Subur@an Distr-I-CE-2- c-,f-Site G a,,id part of Sit-- F as sho@m
on pla- of Lake S:,iitti Sitcs, fron'inq lc,2 f@t on t!iL, Sou@@lli s4,de of Pyl,,,,Ids P-,oid,
begin;i.1 ng at tlie 1.@lestcrn side of Youn(i Strcet. fl,,aviiiq a d2r)th of 2105 feet, riore,
or less, alo5ig Eastei,,,i'crorerty Ii-e, a !;idth of 142 ioot, r,,orL? or less, along
the Soutlicrii oro,-,erty lire (La',,e and a dfr)th of 290 feet, Piore or less,
along tiie I..esiern propcrty line. (Lakeview Par@', Area).
Mr. Owen Pickett appeared on behalf of the applicant.
Mrs. J. H. Harrell, representing the Lakeviei,, Park Civic League, appeared in
opposition to the above application.
Mr. Merritt Graham, representing residents ol- Lakeview Park, presented petitions
in opposition to the above application.
Mr. Robert G. McCausland, representing ECOS, Inc., appeared in opposition to
the above application.
On motion by Councilman Holland, seconded by Councilman Waterfield, and by
recorded vote as follows:
Ayes: Councilmen Robert H. Callis, Jr., Robert B. Cromwell, Jr., Frank A.
II.Sch, F. Reid Ervin, George R. Ferrell, Clai-ence A. Holland, D. Murray
I lbon, J. Curtis Payne, Floyd E. Waterfield, Jr., and Mayor Donald H.
:)des.
Nays: None
Absent: None
City Council referred back to the Planning Commission the above application
of C. L. Powers for a Change of Zoning from Rtiral Residence District 3 (RR-3)
to Residence Suburban Di-strict 2 (i@S-2) of Site G and part of Site F as shown
on the plat of Lake Smith Sites, Lakeview [lark Area.
On MOtion by Councilmarl Dusch, ,,onded by Vice Mayor Tebault, and by rec,rded
vote as follows:
Ayes: Councilmen Robert H. Callis, Jr., Robert B. Cromwell, Jr., Frank A.
Dusch, F. Reid Ervin, George R. Ferrell, Clarence A. Holland, D. @lurray
Malbon, J. Curtis Payne, Floyd E. Waterfield, Jr., and Mayor Donald H.
Rhodes.
Nays: None
Absent: None
City Council approved on second reading the following Ordinance to amend and
reordain Section 23-53 of.the City Code by adding sections relating to the
regulations of model studios:
AN ORDINANCE TO AMEND AND REORDAIN THE CODE
OF THE CITY OF VIRGINIA BEACH, VIRGINIA, BY
ADDING THERETO A NEW SECTION NUMBERED
23-61, 23-61.1, 23-61.2, 23-61.3 AND 23-61.4
RELATING TO THE REGULATION OF MODEL STUDIOS.
Requested by City Manager
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA:
WHEREAS, there are or may be model studios located within the
City which allow the general public to enter for a fee for the
purpose of photographing or painting nude or primarily nude models;
and,
WHEREAS, the presence in a photography studio of a female nude
model with an unknown member of the general public presents a
situation inducive to rape, prostitution and/or other illicit or
unlawful sexual conduct; and,
WHEREAS, the taking and possession of such photographs, for a
fee, of a nude model by non-professionals and non-artists presents
a situation whereby obscene photographs become readily available
for dissemination to the public without any possibility of determi-
nation of origin by the police; and3
WHEREAS, the presence of a nude model in a studio room with,
under most circumstances, a previously unknown individual presents
a situation inducive to criminal acts and acts dangerous to the
health and SSafety of said model, which situation unduly strains
available police protection; and,
WHEREAS, the Council of the City of Virginia Beach, Virginia, is
of the opinion that, in order to protect the safety, peace, good
order, and morals of the inhabitants, it is necessary to regulate
such studios having due regard for the Constitutional rights of
the persons involved.
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of
Virginia Beach, Virginia, that the Code of the City of Virginia Beach,
Virginia, be amended and reordained by adding theret:o new sections
Sec. 23-53. obscene photographs or paintings.
(a) It shall be unlawful for any person to operate a business
in the City which shall provide models and/or facilities for obscene
sketching, painting or photographing of the human figure where the
nude or partially nude model's posture or postures or the reproduction
of the nude or partially nude model, whether by sketching, painting
or ph6tographing, appear in a manner which: (1) predominantly
appeals to the prurient interests, (2) is patently offensive to
contemporary community standards, and (3) is utterly without redeem-
ing social value.
(b) It shall be unlawful for any person to act as a nude or
partially nude model or to present any posture whereby the repro-
duction thereof shall appear in a manner which: (1) predominantly
appeals to the prurient interests, (2) is offensive to contemporary
community standards, and (3) is utterly without redeeming social
value.
(c) It shall be unlawful for any person to cause to be made
whether by photography, sketching, painting or otherwise, reproduc-
tions of any nude or partially nude model which shall appear in a
manner which: (1) predominantly appeals to the prurient interests,
(2) is patently offensive to contemporary community standards, and
(3) is utterly without redeeming social value.
Sec. 23-53.1. Registration of model studios and models.
Each person who shall engage in the business in the City of
providing live nude or partial@ly nude models to be painted, sketched
or photographed, whether by appointment or otherwise, shall file with
the Chief of Police of this City the name, age, residential address
and occupation with address or addresses of such person for the
previous five (5) years. Such person shall also file with the Chief
of Police of this City the name, age, residential address and occu-
pation with address or addresses of each model employed or to be
employed in such business.
Any person so engaged in such business who shall fail or
refuse to so file with the Chief of Police of this City the above-
mentioned information, shall be guilty of a misdemeanor and upon
conviction therefor, fined not more than one hundred dollars
($100.00). Each day such person shall engage in said business and
employ a model or models in such business without providing the
information as herein required shall be deemed a separate offense.
Sec. 23-53.2. Registration of customers.
Each person who shall engage in the business in the City of
providing live nude or partially nude models to be painted,
sketched or photographed shall at all times keep and maintain there-
in a book or register in which shall be inscribed, with ink or
indelible pencil, the name and address of each and every customer
in his or her own handwriting with a clear and definite showing of
the model or models painted, sketched or photographed, by name.
Such book or register shall be maintained for a period of two (2)
years from the date of each entry, and shall be open to inspection
by the law enforcement officers of the City at reasonable hours.
It shall be unlawful for any person to sign or cause to be
signed in the abovementioned book or register with a false or
fictitious name when seeking to paint, sketch or photograph a
model or models. Any person convicted of signing or causing to
be signed, any false or fictitious name shall be punished by a fine
of not more than one hundred dollars ($100.00).
Sec. 23-53.3. Protection of models.
in order to protect such models it shall be unlawful for any
person engaged in the business of providing live nude or partiallv
nude models to be painted, sketched or photographed by the general
public to allow or permit the painting, sketching or photographing
of live nude or partially nude models in a room unless there be
present in the room a responsible adult individual in addition to
the model and the customer.
Sec. 23-53.4. Hours of operation.
It shall be unlaiqful for any person engaged in the business of
providina live models to be painted, sketched or photographed by
the general public to remain open to such business between the hours
of 10:00 p.m. and 6:00 a.m..the following day.
An emergency is declared to exist, and this Ordinance shall
be in full force and effect from date of passage.
First reading: April 17, 1972
Second reading: April 24, 1972
Adopted by the Council of the City of Virginia Beach on the
24th. day of 1972.
ITEM #4513,
motion by Councilman Dusch, seconded by Councilman Payne, and by recorded
te as follows:
Ayes: Councilmen Ro@ert H. Callis, Jr., Robert B. Cromivell, Jr., Frank A.
Dusch, F. Reid Ervin, George R. Ferrell, Clarence A. Holland, D. Murray
i'4albon, J. Curtis Payne, Vice @layor Earl M. Tebault, Floyd E. IVaterfield,
Jr., and Nlayor Donald H. Rhodes.
Nays: None
Absent: None
City Council approved on second reading the following Ordinance to amend and
reordain Chapter 23 of the City Code by adding Section 23-52 relating to
massa.ae salons, etc.:
AN ORDINANCE TO AMEND AND REORDAIN
CHAPTER 23 OF THE CODE OF THE CI'IY OF
VIRGINIA BEACH BY ADDING SECTION 23-60
RELATING TO MASSAGE SALONS, TURKISH,
RUSSIAN OR MEDICATED BATHS AND TO - 4
PROHIBIT MASSAGES OR BATHS ADMINISTERED
BY A PERSON OF THE OPP.OSITE SEX
Requested by City Manager
-BE IT ORDAINED BY TRE cbUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA:
That Chapter 23 of the Code of the City of Virginia Beach be
-Pnded and reordained by adding Section 23-60 to read as follows:
MASSAGE SALONS, TURKISH, RUSSIAN OR MEDICATED RATHS -- Massages
or baths administered by a person of the opposite sex:
It shall be unlawful for any establishment, regardless of
whether it is a public or private facility, to operate as a massage
salon, bath parlor, or any similar type business, where any physical
contact with the recipient of such services is provided by a person
of the opposite sex.
This section shall not apply to a physician, surgeon, chiropractor,
osteopath or physical therapist duly licensed by the Commonwealth
of Virginia, or to a licensed nurse acting under the direct prescrip-
tion and direction of any such physician, surgeon, chiropractor or
osteopath. Also, this section shall not apply to barber shops or
beauty parlors in which massage is given to the scalp, the face, the
neck or the shoulders.
Any person who shall violate the provisions of this section shall,
upon conviction thereof, be fined not more than one hundred dollars
($100.00), and each day's operation shall constitute a separate offense.
An emergency is declared to exist, and this ordinance shall be
in full force and effect from date of passage.
First Reading: April 17, 1972
Second Reading: April 24, 1972
Adopted by the Council of the City of Virginia Beach, Virginia,
on the 24th day of April 1972.
ITEM #4514
On motion b@ Councilman Ervin, seconded by Councilman Malbon, and by recorded
vote as follows:
Ayes: Councilmen Robert H. Callis, Jr., Robert B. Cromwell, Jr., Frank A.
Dusch, F. Reid Ervin, George R. Ferrell, Clarence A. Holland, D. Murray
Malbon, J. Curtis Payne, Vice Mayor Earl M. Tebault, Floyd E. Waterfield,
1- , and Mayor Donald H. Rhodes.
P rs: None
Absent: None
City Council approved on second reading the following Ordinance to amend and
reordain Section 20-58.1 of the City Code relating to a deduction for utility
services from the business rental license tax:
ORDINANCE NO. 396
AN ORDINANCE TO ANEND AND REORDAIN SS20-58.1
OF THE CODE OF THE CITY OF VIRGINIA BEACH
RELATING TO A DEDUCTION FOR UTILITY SERVICES
FROM THE BUSINESS RENTAL LICENSE TAX
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH@
VIRGINIA:
That Section 20-58.1 of the Code of the City of Virginia Beach
is hereby amended and reordained by adding the following paragraph:
"For the purpose of this section, gross
receipts shall mean all earnings, receipts,
fees and income excluding all charges
collected as part of the rent for utility
services if proper verification of such
charges is presented to the Commissioner
of the Revenue."
This ordinance shall be effective May 1, 1972.
First Reading: April 17, 1972
Second Reading: April 24, 1972
Adopted by the Council of the City of Virginia Beach, Virginia,
on the 24th day of April 1972.
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ITEM #4516
Mr. Clark,Fleming appeared requesting an amendment to Section 38-2 of the
City Code and to repeal Ordinance #38S to permit the discharge of firearnis
in certain areas of the city North of Virginia Beach Boulevard.
The proposed ordinance to amend and reordain Section 38-2 of the City Code
and to repeal Ordinance #385 pertaining to the,discharge of firearms in
certain areas of the city was referred back to the Law Department for furthe-Y
preparation.
ITEM #4517
C.. motion by Councilman Payne, secohded by Councilman Dusch, and by recorded
vote as follows:
Ayes: Councilmen Robert H. Callis, Jr., Robert B. Cromwell, Jr., Frank A.
Dusch, F. Reid Ervin, George R. Ferrell, Clarence A. Holland, D. Murray
Malbon, J. Curtis Payne, Vice Mayor Earl M. Tebault, Floyd E. Waterfield,
Jr., and Mayor Donald H. Rhodes.
Nays: None
Absent: None
City Council approved the following Ordinance to amend and reotdain Section 34-4
-of the,City Code relative to Liability insurance for taxicabs:
ORDINANCE NO. 394
@AN ORDINANCE TO AMEND AND REORDAIN
SECTION 34-4 OF THE CODE OF THE
CITY OF VIRGINIA BF-ACH
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA:
That Section 34-4 of the Code of the City of Virginia Beach be
amended and reordained to read as follows:
No taxicab or for-hire car shall be operated within the City
unless the owner and the driver thereof are protected by liability
insurance issued by a company authorized to do business in this state
in the sum of at least one hundred thousand dollars for injury to or
death of any one person, three hundred thousand dollars for injury
to or death of more than-one person in any one accident, and ten
thousand dollars property damage. Satisfactory evidence shall be
filed with the Commissioner of Pevenue of this City establishin@,
that such insurance is in effect.
An emergency exists and this ordinance shall be effective from
date of passage.
Adopted by the Council of the City of Virginia Beach on the
2-.4-th_ day of 1972.
On motion by Councilm,n'Dusch, seconded by (:OUnCilman Payne, and by recorded
vote as follows:
Ayes: Councilmen Robert H. Callis, Jr., Robert B. Cromwell, Jr., Frank A.
Dusch, F. Reid Ervin, George R. Ferrell, Clarence A. Holland, D. @furray
Malbon, J. Curtis Payne, Vice Mayor Earl M. Tebault, Floyd E. Waterfield,
Jr., and Mayor Donald H. Phodes.
Nays: None
Absent: None
City Council approved the following Ordinance to amend and reordain Section
23-34 of the City Code pertdining to indecent 6xposure:
ORDINANCE NO. 39S
AN ORDINANCE TO ANEND AND REORDAIN
SECTION 23-34 OF THE CODE OF THE
CITY OF VIRGINIA BEACH
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA:
That Section 23-34 of the Code of the City of Vitginia Beach
be amended and reordained to read as follows:
Every person who intentionally makes an obscene display or
exposure of his person, or the private parts thereof, in any
public place, or in any place where others are present, or procures
another to so expose himself, shall be Quilty of a misdemeanor,
Adopted by the Council of the City of Virginia Beach, Virginia,
on the 24th day of April 1972.
ITEM #4519
On motion by Councilman Cromwell, seconded by Councilman Payne, and by recorded
vote as follows:
Ayes: Councilmen Robert H. Callis, Jr., Robert B. Cromwell, Jr., Frank A.
Dusch, F. Reid Ervin, George R. Ferrell, Clarence A. flolland, D. Murray
Malbon, J. Curtis Payne, Vice t@layor Earl N!. Tebault, Floyd E. Waterfield,
Jr., and Mayor Donald H. Rhodes.
Nays: None
Absent: None
C -y Council adopted the following Resolution relative to the transfer of
I )lic Library Property:
The regular meeting of the Council of the City of Virginia
Beach, Virginia, was held in the Council Chambers of the Adminis-
tration Building of the City of Virginia Beach on April 24 1972.
On motion by Mr. Malbon and seconded by Nx. Dusch
the following resolution was unanimously adopted.
R E S 0 L U T I 0 N
WHEREAS, the Trustees of the Virginia Beach-Princess Anne County
Libriiry, on November 10, 1958, by deed duly of record in the office
of the Clerk of the Circuit Court of the City of Virginia Beach,
Virginia, in Deed Book 563, at Page 34, purchased the following
described property, to-wit:
All that certain lot, piece or parcel of landi with the
buildings and improvements thereon, situated in the City
of Virginia Beach, and known, numbered and design6ted as
Lot Number Four (4), in Block Number Fifty (50), on Map
Number Two (2) of part of the property of the Virginia
Beach Develo ment Company, which plat is duly recorded
in the Clerkvs Office of the Circuit Court 'Of the City
of Virginia Beach, in Map Book 1, at Page 20(B),(to
which plat reference is made for a more particular
description).
WHEREAS, Chapter 147 of the Acts of Assembly of 1962, approved
February 28, 1962, ratified and confirmed the consolidation of Princess
Anne County anA the City of Virginia Beach, a city of the second class
into the City of Virginia Beach, a city of the first class; and
WHEREAS, the title to the subject property is presently in the
Trustees of the Virginia Beach-Princess Anne County Library; and
WHEREAS, The Board of Trustees of the Virginia Beach-Princess
Anne County Library was abolished by the City Council of Virginia
Beach on February 24, 1964, and replaced by the Public Library Board
of the City of Virginia Beach; and
WHEREAS, Chapter 367 of the Acts of Assembly of 1970, approved
April 1, 1970, authorizes the transfer of the property interests of
public free librbries to the governing body of the political sub-
division in which such library is situated in order that such library
may become a part of the public library system of such City; and
WHEREAS, Chapter 29 of the Acts of Assembly of 1972, approved
March 20, 1972, authorizes the Circuit Court of the City of Virginia
Beach to appoint such number of commissioners as it deems necessary,
f,or the limit'ed purpose of conveying title of the Virginia Beach-
Prin,cess Anne County Library to the City of Virginia Beach, in order
that such library may become a part of the public library system of
said City.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACHS VIRGINIA:
That the City Attorney of the City of Virginia Beach is directed
to petition the Circuit Court of the City of Virginia Beach to take
such steps as are necessary to effectuate the transfer of the afore-
said property to the City of Virginia Beach.
ITEM #4520
On motion by Councilman Malbon, seconded by Councilman Dusch, and by recorded
vote as follows:
A-es: Councilmen Robert H. Callis, Jr., Robert B. Cromwell, Jr., Frank A.
sch, F. Reid Ervin, George R. Ferrell, Clarence A. Holland, D. Murray
lbon, J. Curtis Payne, Vice Nlayor Earl @4. Tebault, Floyd E. Waterfield,
ir., and Mayor Donald H. Rhodes.
Nays: None
Absent: None
City Council adopted the following Resolution relative to the vacation of an
easement in Lynnhaven Borough as noted on plat for Lynnhaven Building Supply
Corporation:
A RESOLUTION TO VACATE A CERTAIN EASEMENT AIID
TO VACATE, CLOSE AND DISCONTINUE A PORTION OF
A CERTAIN STREET SHOWN ON THE PIAT ENTITIED
"STREET DEDICATION FOR LYNNHAVEN BUIIJ)ING
SUPPLY CORPORATION, LYNNHAVEN BOROUGH, VIRGINIA
BEACH, VIRGINIA", DATED JANUARY 10, 1969, RE-
VISED FEBRUARY 4, 1969, RECORDED IN THE CLERK'S
OFFICE OF THE CIRCUIT COURT OF VIRGINIA, BEACH,
VIRGINIA, IN MAP BOOK 79, AT PAGE 44.
WHEREAS, Lynnhaven Building Supply Corporation, a Virginia corporation,
'is the owner of the surrounding land shown on the plat entitled "Street
Dedication for Lynnhaven Building Supply Corporation, Lynnhaven Borough,
Virginia Beach, Virginia", dated January 10, 1969, revised February 4,
1969, made by Newville and Talbot, Consulting Engineers and Land Surveyors,
Virginia Beach, Virginia, and recorded in the Clerk's office of the Circuit Cour
of the City of Virginia Beach, Virginia, in Map Book 79, at Page 44; and
WHEREAS, said plat shows a 15' easement running from the northern
edge of an "UNNANED STREET", N 060 19' 16" E, a distance of 119.60' to a
point, thence N 120 46' 10" E, a distance of 286.79' to the southern ed.@e
of the Wolfsnare Road R/W.
WHEREAS, said plat shows a 50' street and a cul-de-sac, labeled
"UNNAMED STREET" running N 120 46' 10" E, a distance of approximately 616.'@8'.
WHEREAS, the said Lynnhaven Building Supply Corporation desires to
vacate said easement and to close, dis continue and vacate a portion of said
street, in the manner set forth in Section 15.1-481 Code of Virginia, so Is
to preclude interference with the intended use of the land; and
WHEREAS, Lynnhaven Building Supply Corporation has dedicated ne,.i
easements and new streets to the City of Virginia Beach by the recordati-on of
a plat entitled "Street and Easement Dedication and Street Closure Plat oi--
Regency IV, Lynnhaven Borough, Virginia Beach, Virginia", made by Talbot,
Wermers & Standing, Ltd., Engineers-Surveyors-Planners, Virginia Beach,
Virginia, which plat was approved by D. T. on January 8, 1972, and recorecd
in the Clerk's Office of the Circuit Court of Virginia Beach, Virginia,
February 18, 1972, in Map Book 90, at Page 23.
KELLAM,
PICKRELL.
LAWLER.
HODGES&
KELLAM
.-...E@. A@ L.@
NORFOL@,VA.
WHEREAS, in the opinion of the Council of Virginia Beach it is in
the public interest and will benefit the public welfare if the existing
easement on the above mentioned property be vacated, ard the existing street
on the above mentioned property, be vacated, closed and discontinued.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
(1) That the City of Virginia Beach does hereby consent to the
release and vacating of the 15' easement running from the northern edge of
an "UNNAMED STREET" N 060 19' 1611 E, a distance of 119.60' to a point, thence
N 12(' 46' 10" E, a distance of 286.79' to the southern edge of the Wolfsnare
Road R/W, all as shown on the plat entitled "Street Dedication for Lynnhaven
Building Supply Corporation, Lynnhaven Borough, Virginia Beach, Virginia",
dated January 10, 1969, revised February 4, 1969, made by Newville and Talbot,
Consulting Engineers and Land Surveyors, Virginia Beach, Virginia, and recorded
in Map Book 79, Page 44, Clerk's Office, Circuit Court, Virginia Beach,
Virginia.
(2) That the City of Virginia Beach does hereby consent to the
release, vaca ting, closing and discontinuing of the portion of the aforesaid
"UNNAMED STREET" as shown by the shaded area of "UNN@D @TREET (per map
book 79, page 44)" on the plat entitled "Street and Easement Dedication and
Street Closure Plat of Regency IV, Lynnhaven Borough, Virginia Beach, Virginia",
made by Talbot, Wermers and Standing, Ltd., Engineers-Planners-Surveyors,
Virginia Beach, Virginia, which plat was approved by D. T., on January 8, 1972,
and recorded in Map Book 90, at Page 23, Clerk's Office, Circuit Court, Virginia
Beach, Virginia, and
(3) That the City Manager of the City of Virginia Beach, Virginia,
be and he hereby is authorized, directed and empowered on behalf of the City
of Virginia Beach, Virginia, to execute an agreement with Lynnhaven Building
Supply Corporation consenting to the vacation of the easement and portion of
ELLAM, the street as set forth above, whereby all public rights in said easement and
PICKRELL.
LAWLER, portion of said "UNNADED STREET" are divested, and title thereto is reinvested
HODGE
KELLAM
..E@. .1 LAW in Lynnhaven Building Supply Corporation.
NORFOLK,VA.
Adopted by the Council of the City of Virginia Beach, Virginia on
the 24thday of April 1972.
ITEM #4521
Mr. Bruce Mills appeared on behalf of the petitioners, Virginia Beach
Industrial Development Authority.
On motion by Councilman Cromwell, seconded bv Councilman Holland, and by
recorded vote as follows:
Ayes: Councilmen Robert H. Callis, Jr., Robert B. Cromwell, Jr., Frank A.
Dusch, F. Reid Ervin, George R. Ferrell, Clarence A. Holland, D. @lurray
Malbon, J. Curtis Payne, Vice Mayor Earl il. Tebault, Floyd E. Waterfield,
Jr., and @,layor Donald H. Rhodes.
Nays: None
Absent: None
City Council approved, as amended, the following Ordinance closing certain
streets in the Subdivision of Diamond Springs Gardens in Bayside Borough:
ELLAM.
PICKRELL.
LAWLER,
HODGES&
KELLAM
R.@l. Al IA@
NORFOLK.VA.
AN ORDINANCE CLOSING, VACATING AND DISCONTINUING
CERTAIN PROPOSED STREETS AND AVENUES IN THE
SUBDIVISION OF DIAMOND SPRINGS GARDEN.
BE IT ORDAINED BY THE COUNCIL OF TH9 CITY OF VIRGINIA BEACH,
VIRGINIA:
WHEREAS, proper notice that the City of Virginia teach industrial
Development Authority would make application to the douncil of the
City of Virginia Beach on April 17, 1972 to have the hereinafter
described portions of the streets and avenues in Diamond Springs
Garden vacated and discontihued as public streets and avenues of the
City of Virginia Beach, Virginia, was duly posted at the Courthouse
of the Circuit Court of the City of Virginia Beach, Virginia on the
31st day of March, 1972, and at two public places in the City of
Virginia Beach; and
WHEREAS, said application was made to the Council and pursuant
to the statutes in such cases made and provided the Council on
April 17, 1972, which was ten days after said posting of the notice,
appointed Mr. Charles C. Carrington, Mr. George L. Hanbury, and
Mr. William W. Fleming
as viewers to view said portion of the streets and avenues in
Diamond Springs Garden, sought to be closed, vacated and discontiftued
and to report in writing whether in their opinion, any, and if any,
what inconvenience would result from discontinuing the same, and
said viewers have made their report to the Council by their letter
dated April 21, 1972 ; and
WHEREAS, the land proprietors affected thereby along said portion
of the streets and avenues proposed to be closed, vacated and dis-
continued have been duly notified; and I
WHEREAS, it is the jud.gment of the Council that said portions
of the streets and avenues should be closed, vacated and discontinued;
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of
Virginia Beach:
Section 1: That that portion of the streets and avenues, City of
Virginia Beach, Virginia, as hereinafter described . is hereby closed,
vacated and discontinued as public streets and avenues of the City
of Virginia Beach, said streets and avenues not being needed for
public use and travel:
All those certain portions of ALEXANDRIA AVENUE,
PLUM STREET, PEAR STREET, APPLE STREET and that
certain right of way designated as "PUBLIC ROAD"
(as appears on the hereinafter described and at-
tached plat of "Diamond Springs Gard.en"), as
said streets appear on that certain plat entitled,
"MAP OF DIAMOND SPRINGS GARDEN, Property of
Follansbee Land Development Co. Scale: 1" = 100'
MAY 1905 E. C. FOREMAN, C.E.," duly recorded in
the Clerk's office, Circuit Court, City of
Virginia Beach, Virginia, in 14ap Book 3, at
Page 27, a copy of which is attached hereto,
which portions of said streets are included Within
the boundaries of Parcel 5 (9.14 acres) on that
certain plat entitled "SU,,3DiVISION OF PARCEL V, Vi,
VII3 xvii, xix AIRPORT INDUSTFIAL PARK - BAYSIDE
VIRGINIA BEACH, VIRGINIA LANGLEY, @ICDONALD AND
OVERMAN, CONSUTTING ENGINEERS, VIRGINIA BEACH,
VIRGINIA APRIL 5, 1972 SCALE: 1" = 100'1 It
duly recorded in the aforesaid Clerk's Office
in Map Book 91 , Page / 7 -
Portions of said streets sought to be closed are outlined in
red on the attached plat.
That this ordinance shali be in effect from and afte r thirty
days from the date of its adoption.
Adopted by the Council of the City of Virginia Beach, Virginia,
on the 24th d.ay of April 1972.
.2. e/W EASF-ME,NT -2
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I-r@l ',ILE LO@;DNP=@ OF
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-i a@%D TITAT
I LOCA-Li@s
ITE,',l #4522
On motion by Vice Mayor Tebault, seconded by Councilman Dusch, and by recorded
vote as follows:
Ayes: Councilmen Robert H. Callis, Jr., Robert B. Cromwell, Jr., Frank A.
Dusch, F. Reid Ervin, George R. Ferrell, Clarence A. Holland, D. Murray
Malbon, J. Curtis Payne, Vice Mayor Earl M. T,ebault, Floyd E. Waterfield,
Jr., and Mayor Donald H. Rhodes.
Nays: None
sent: None
.ty Council approved the following applications for tax refunds in the
amount of $183.60:
To'. llr. Dale riiiison City Attorney
nite April 19, 1972
FRO,ll: tir. V. A. Etlicrtflgc, Treasurcr
CT: Applic-,Liutt'.tor Tax Refutids:
for rc.@urd of tax--r to-lali@ 83.60
cerLified ror pztyinent, as set forl!i bc!94-
theridc!e. Tre.,i.-;tirer
...Eax
oT,.-r-
Tax Typ
14ame Year of T ion pa
Dat
Ticket
t Base ally est
Number ri4o.
John C Jr 72 CD 52760 01-27-72- 10.00
10.00
'Wiley B. 72 01-28-72 10.00
com,, CD 52951 10.00
iTi ey, Jack N. 71 PF 23472 5502 06-10-71 36.00 36.00
-an, L. Gary 72 CD 70'211 02-29-72 10.00
5510 06 -71
10,00
yer, William G. 71 PP 39424 -07 27.6.0 27.60
rrison, Allen 72 CD 11247 01-10-721 10.00 10.00
nyon, Gerline H 72 CD 35509 04-13-72 10.00 10.00
oni'sky, Louis J. 72 CD 42588 01-12-72 10.00 10.00
iliman, Ellis B 72 CD 35398 01-13-72 10.00 10.00
rrall, Elmer 7.2 CD T471174712 04-07-72 40:00 40.00
18090-8089 1 1 I
omas, Mary G 61433 - 01-13-72-1 10.00! 10.00.
VC nPDlfeati(;ns fo'r ref
L
(COUNCILNM CROMWELL LEFT THE COUNCIL CHAMBERS)
ITEM #4S23
On motion by Councilman Payne, seconded by @ouncilman Dusch, and by recorded
vote as follows:
Ayes: Councilm6n Robert H. Callis, Jr., Frank A. Dusch, F. Reid Ervin, George
R. Ferrell, Clarence A. Holland, D. Murray Malbon, J. Curtis Payne, Vice mayor
Earl M. Tebault, Floyd E. Waterfield, Jr., and Mayor Donald H. Rhodes.
t s: None
,kusent: Councilman Robert B. Cromwell, Jr.
City Council approved the request of Expert Movers to move a one-story frame
residence, 281 x 361, from 16S2 Indian River Road, Kempsville Borough to
Parcel B, Bowen River, 2934 Princess Anne Road, Princess Anne Borough.
Estimated value after move and renovations, $12,000. The site has been
approved for septic tank and well.
ITEM #4S24
On motion by Councilman Payne, seconded by Councilman Ferrell, and by recorded
vote as follows:
Ayes: Councilmen Robert H. Callis, Jr., Frank A. Dusch, F. Reid Ervin, George
R. Ferrell, Clarence A. Holland, D. Murray @ialbon, J. Curtis Payne,, Vice @layor
Earl M. Tebault, Floyd E. Waterfield, Jr., and Mayor Donald H. Rhodes.
Nays: None
Absent: Councilman Robert B. Cromwell, Jr.
C--y Council approved the request of Harrison Parker, by Gabor, Inc., to move
)ne-story frame residence, 371 x 45', from 1596 E. Indian River Road,
I ipsville Borough, to 2036 Holland Road, 22 acres, Princess Anne Borough.
Estimated value after move and renovations, $19,000. The site has been
approved for septic tank and well.
ITEM #4525
On motion by Councilman Callis, seconded by Councilman @@Ialbon, and by recorded
vote as follows:
Ayes: Councilmen Robert H. Callis, Jr., Frank A. Dusch, F. Reid Ervin, George
R. Ferrell, Clarence A. Holland, D. Murray @4albon, J. Curtis Payne, Vice Mayor
Earl M. Tebault, Floyd E. Ivaterfield, Jr., and Mayor Donald H. Rhodes.
Nays: None
Absent: Councilman Robert B. Cromwell, Jr.
City Council approved the request of Sand Bar Corporation by fieath, deforas
and Heath, Inc. to move a one story diner from Princess Anne Road in Kempsville
Borough to the Southeast Corner of 24th Street and Pacific Avenue. Estimated
value after move and renovations $60,000. The site has sewer and water
airqilable.
(COUNCILMAN CROMWELL RETURN.ED TO THE COUNCIL CHAMBERS)
ITEM #4S26
On motion by Councilman Ervin, seconded by Councilman Dusch, and by recorded
vote as follows:
Ayes: Councilmen Robert H. Callis, Jr., Robert B. Cromwell, Jr., Frank A.,
Dusch, F. Reid Ervin, George R. Ferrell, Clarence A. Holland, D. Murray
Malbon, J. Curtis Payne, Vice mayor Earl M. Te.bault, Floyd E. Waterfield,
Jr., and Mayor Donald H. Rhodes.
ays: None
Absent: None
During the last session of the General Assembly a bill was enacted into law,
Section 241-203, making it mandatory that "there should be provided for each
precinct not less than one voting machine for every 600 registered voters or
major faction thereof within the precinct"; therefore, City Council approved
an appropriation in the amount of $58,800. for the purchase of 30 voting
machines from the Automatic Voting Machine Division of AVM Corporation, to be
included in the 1972-73 budget.
ITEM #4527
On motion by Councilman Ferrell, seconded by Councilman Payne, and by recorded
vote as follows:
Ayes: Councilmen Robert H. Callis, Jr., Robert B. Cromwell, Jr., Frank A.
Dusch, F. Reid Ervin, George R. Ferrell, Clarence A. Holland, D. Murray
Malbon, J. Curtis Payne, Vice Mayor Earl M. 'rebault, Floyd E. Waterfield,
Jr., and Mayor Donald H. Rhodes.
Nays: None
isent: None
City Council noted its intention to hold a closed meeting on Monday, May 1,
1972, for the purpose of discussing items permitted for discussion under the
Freedom of Information Act of the Commonwealth of Virginia.
ITEM #4528
On motion by Councilman Ferrell, seconded by Councilman Dusch, and by unanimous
vote, the meeting adjourned.
ar e on, ty !r vujia-iu ti. Knocies, Mayor
City of Virginia Beach,
Virginia
April 24, 1972