JANUARY 24, 1972
MINUTES OF THE HONORABLE CITY COUNCIL
OF THE
CITY OF VIRGINIA BEACH, VIRGINIA
January 24, 1972
he regular meeting of the City Council of the City of Virginia Beach, Virginia
as held in the Council Chambers of the Administration Building in the Borough
f Princess Anne, on Monday, January 24, 1972, at 2:00 p.m.
Reverend J. W. Horne, Carrow Baptist Church, Virginia Beach, gave the
invocation.
Councilmen present: 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.
Councilmen absent: None
ITEM #4lS3
On motion by Councilman Dusch, 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
"albon, J. Curtis Payne, Vice Mayor Earl M. Tebault, Floyd E. Waterfield,
r., and Mayor Donald H. Rhodes.
Nays: None
Absent: None
City Council approved the @linutes of the Regular Meeting of January 17, 1972,
and the reading of said Minutes dispensed with inasmuch as each Councilman had
a copy of the subject Minutes before him.
ITEM #4154
On motion by Vice Mayor Tebault, seconded bv 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. FerTell, Clarence A. Holland, D. Murrav
Malbon, J. Curtis Payne, Vice Mayor Earl M. Tebault, Floyd E. Waterfieid,
Jr., and Mayor Donald H. Rhodes.
Nays: None
Absent: None
ity Council approved on second reading a transfer of $1,882.00 from Account
4030-170 to 4030-278.
ITEM #4155
On motion by Councilman Dusch, seconded by Councilman Waterfield, and by
recorded yote 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
( ty Council approved on second reading an appropriation of $5,500.00 received
--om the sale of the old electric golf carts to Account #11030-902 for
improvements to the maintenance building and clearing of roughs.
ITEM #4156
Mr. Jack Jennings, President of Virginia Beach Jaycees, introduced Mr. Bill
Foster to City Council.
Mr. Bill Foster appeared on behalf of the Virginia Beach Jaycees to encourage
the City Council to amortize the proposed school bonds through a long-term
financing based on anticipated population growth rather than to impose a
city-wide tax increase at this time.
ITEM #4lS7
Mrs. Doyle wh6 had previously appeared before City Council, reappeared in
support of the school bond referendum.
ITEM #4158
Don Thomas appeared on behalf of the Virginia Beach Buggy Association
opposition to the intention of the U.S. Department of the Interior, as
published in the Fede.ral Register, to close the Back Bay National Wildlife
Refuge.Beach to public vehicular traffic and further requested a public
forum to be held to allow the citizens of Virginia Beach, as well as those
in other areas to be affected by the closure, an opportunity to make their
opinions regarding this proposed closure known.
Mr. Walter Leverage, representing the Concerned Citizens for Conservation
and Recreation, appeared in support of Mr. Thomas's request for a public
forum regarding the closure of Back Bay National Wildlife Refuge Beach to
public vehicular traffic.
On motion by Councilman Payne, seconded by Councilman Dusch, and by recorded
vote as follows:
Ayes: Councilmen 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: Councilman Robert H. Callis, Jr.
Absent: None
ty Council directed the City Clerk, Mr. Richard Webbon, to advertise in
---wspapers of general circulation a legal notice for a public forum to be
held at 2:00 p.m., Sunday, February 6, at the Virginia Beach Civic Center
regarding the intention of the U.S. Department of the Interior, as published
in the Federal Register, to close the Back Bay National tvildlife Refuge Beach
to public vehicular traffic and further requcsted that a notice of the sub-
ject forum be sent to the following:
Virginia State De artment of Conservation & Economic Deve@lopment
Regional Office o@ the Department of tlie Interior in Atlanta, Georgia
Virginia Commissioner of Outdoor Recrezition
Congressmen and Senators from the Tidewater i@rea
Legislators from North Carolina, who represent areas that will be affected
by this proposed closure
ITEM #4159
On motion by Councilman Ferrell, 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. Holland, D. Murray
Malbon, J. Curtis Payne, Vice Mayor Earl M. Te.bault, Floyd E. Waterfield,
and Mayor Donald H. Rhodes.
tys: None
Absent: None
City Council adopted the following Resolution commending George Calvin Lyons,
Sr. for the service he had rendered the City of Virginia Beach by his
membership on the Virginia Beach School Board:
0 'a The regular meeting of the Council of the City of Virginia
beach was held in the Council Chambers of the Administration
Building of the City of Virginia Beach on Monday, January 24
1972, at 2 : 0 0P. M.
On motion by Mr. Ferrell and seconded by
Mr. - Cromwell the following resolution was
unanimously adopted.
R E S 0 L U T I 0 N
WHEREAS, George Calvin Lyons, Sr., has rendered to the citizens
of Virginia Beach outstanding and continuing service since
August 8, 1958;
NOW THEREFORE BE IT RESOLVED by this Council, and
IT IS HEREBY RESOLVED by the authority of same, that this
Council expresses most sincere regrets at the loss of the services
of this highly competent and dedicated member and vice-chairman of the
Virginia Beach School Board.
BE IT FURTHER RESOLVED, that this Council recognizes and appreci
his enthusiasm, efficiency and expertise in the performance of the
services which he rendered to the citizens of Virginia Beach
continually for more than thirteen years and congratulates him for
a job well done on behalf of the citizens of said City.
BE IT FURTHER RESOLVED, that this Resolution be spread upon the
minutes of this Council and that a copy thereof be delivered to
George C. Lyons, Sr. by the City Clerk.
On motion by Councilman Dusch, seconded by Councilman ivaterfield, 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 adopted the following Resolution commending William M. Cartwright
for his unquestioned bravery and willingness to risk his life in the attempt
rescue a fellowman:
The regular meeting of the Council of the City of Virginia
Beach, Virginia, was held in the Council Chambers of the
Administration Building of the City on January 24, 1972, at
2 :00 o'clock P.M.
On motion by Mr. Dusch and seconded by Mr. Waterfield
the following resolution was unanimously adopted:
R E S 0 L U T I 0 N
WHEREAS, on Sunday, December 19, 1971, at 11:57 A.M., a
fire occurred in the dwelling of Mr. and Mrs. Patrick Atwood
at Sandbridge, Virginia Beach, Virginia, which was occupied
at the time by Mrs. Atwood; and
WHEREAS, William M. Cartwright, upon discovery of the
fire and knowing Mrs. Atwood was in the dwelling, did, without
hesitation and without regard for his own personal safety and
life, enter th6 dwelling in an attempt to rescue Mrs. Atwood,
as a result of which he was severely burned about his face
and hands;
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH:
That the Council of the City of Virginia Beach takes
pleasure in extending its praise and sincere appreciation to
William M. Cartwright for his unquestioned bravery and willing-
ness to risk his life in the attempt to rescue a fellowman.
BE IT FURTHER RESOLVED, that the Clerk is directed to
spread a copy of-this resolution on the minutes of this day's
meeting.
ITEM #4161
Mayor Rhodes announced to City Council that the Virginia Beach Development
Council has prepared and presented, for Council's study and consumption,
a report on the proposal of approving Pari-Mutuel Berting in Virginia Beach.
ITEM #4162
Application of Womble Realty, Inc., for a Use Permit for a roller skating rink
on certaih property located on the Northea t@6orn-er of Ferry Plantation Road and
Honey Grove Road, running a distance of 323 feet along the East side of Ferry
Plantation Road, running a distance of 370 feet more or less along the North side
of Honey Grove Road, running a distance of 228 feet along the Eastern property
line and running a distance of 375 feet along the Northern property line. (Hay-
good Shopping Center Area). BAYSIDE BOROUGH.
The Planning Corrmission recommends approval of this request subject to City water
and sewer only requested by the Health Department and a 50-foot dedication of
right of way along the 370-foot more or less frontage for projected Honey Grove
Road requested by the Real Estate Division. Engineering Division requests im-
provements along Ferry Plantation Road and Honey Grove Road to be built by the
developer. It is suggested that the primary entrance at the eastern boundary of
the site be from Honey Grove Road rather than routing traffic through the shopping
center site. The Planning Commission instructed the administrative offices to
work with the developer in regard to dedication and improvements on Honey Grove
Road and come to an agreement prior to City Council meeting. The Planning
Department is instructed that the agreement has been reached and that the
developer accepts the dedication and improvement responsibilities.
I Jack Blaunt appeared on behalf of the applicant.
on motion by Councilman Holland, seconded by Councilman Dusch, and by recorded
vote as follows:
Ayes: Councilmen Robert H. Callis, Jr., Rob.ert B. Cromwell, Jr., Frank A.
Du5ch, F. Reid Ervin, George R. Ferrell, Clarence A. Holland, 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 Womble Realty, Inc. for a
Permit for a roller skating rink on certain property located on the Northeast
.corner of Ferry Plantation Road and Honey Grove Road, (Haygood Shopping Center'
Bayside Borough, subject to City water and sewer only as requested by the
Health Department and a 50-foot dedication of right of way along the 370-foot
more or less frontage for projected Honey Grove Road as requested by the Real
rry Plantation Road and HoneN,
Estate Division; subject to improvements along Fe
Grove Road to be built by the developer as requested by the Engineering
Division; subject to the primary entrance at the eastern boundary of the site
be from Honey Grove Road rather than routing traffic through the shopping centc,,
-te. Approval is further subject to dedication and improvements on Honey
'ove Road as requested by the administrative offices.
ITEM #4163
Application of the City of Virginia Beach, Department of Planning, for the Land
Use Development Plan of the Princess Anne Study,Area located within the Borouqhs
of Lynnhaven, Princess Anne, Blackwater and Pungo. The approximate boundaries
of the Study are: On the 'Iorth: the Southern boundary line of the Virginia Beach-
Norfolk Expressway beginninq at S. Great tleck Road and ending at the Rudee-Linkhorn
Bay Canal and the tiorthern boundary line of the Camp Pendleton tlilitary Reservation
On the r-ast; the Eastern boundary line of Oceana Naval Air Station and thL- Atlanti@
Ocean. On the Sotith: the Virainia Beach city and t,orth Caroli-la state line. On
the West: the Western boundary line of the Oceana Naval Air Station and the Virginia
Beach-Chesapeake City line. Plats with more detailed infomation are available in
the Department of Planning.
The Planning Commission recommends approval of the Princess Anne Development
Plan as Oresented on Decernber 8, 1971 with the stipulation that the areas shown
as "Conservation" be retained on the map and that the perrnissible uses contained
within be the same as those allowed in agricultural areas until such time as the
term "Conservation@' Is defined in the proposed zoning ordinance.
Mr. Lee Hickman and Mr. Walter Monahan appeared on behalf of the City of
Virginia Beach, Department of Planning, to present the Land Use Development
Plan of the Princess Anne Study Area located within the Boroughs of Lynnhaven,
'Princess Anne, Blackwater and Pungo.
Lt. Cdr. Hurwitz appeared in opposition to the proposed airport, as indicated
on the land use study map of the Princess Anne Study Area, to be built in the
Pungo Borough south of Oceana Naval Air Station, as it would interfere with
air traffic from Oceana. The area south of Oceana is the most us6d holding
pattern for airplanes waiting to land at the naval base.
Mr. RQbert G. McL-ausland appeared in opposition to the proposed Back Bay Parkway
extending through the "conservation" area as indicated on the land use study
map of the Princess Anne Study Area as it is his belief that problems of
@ological inbalance would occur if vehicular traffic were allowed in this
,ea. Mr. McCausland made reference to the final report of Dr. Gerald F.
-jvy, Ecologist, entitled "Study to Determine the Ecological Effects of Beach
Traffic and the Potential Effects of a Road Through the Back Bay National
Wildlife RefugeV A copy of this report is on file in the Office of the City
Clerk.
Mrs. Joye Atwood, President of the Back Bay Civic League, appeared in opposition
to the proposed airport as indicated on the land use study map of the Princess
Anne Study Area,to be built in the Pungo Borough south of Oceana Naval Air
Station and further requested a thirty (30) day deferral to allow the civic
league an opportunity to review the study.
Miss Helen Love appeared in opposition to the proposed airport, as indicated
on the land use study map of the Princess Anne Study Area, to be built in the
Pung,o Borough south of Oceana Naval Air Station.
Mr. Joseph C. Davis, Jr., representing ECOS, appeared in opposition to the Land
Use Development Plan of the Princess Anne Study Area.
Mr. F. Wayne McLeskey appeared in opposition to the Land Use Development Plan
of the Princess Anne Study Area.
Mr. Phillip Denman, Attorney, appeared on behalf of 1,SOO property owners of
ind in North Carolina, in support of the Land Use Development Plan of the
@incess Anne Study Area as tlie proposed Back Bay Parkway would be essential
)r the subject property owners to have reasonable access to their property.
Mr. John Balitzki appeared on behalf of the Virginia Beach Buggy Association
in support of the Land Use Development Plan of the Princess Anne Study Area.
Mr. W. J. Leveridge appeared on behalf of the Concerned Citizens for Conserva-
tion and Recreation in support of the Land [Jse Development Plan of the Princess
Anne Study Area.
Cdr. H. H. Sacks, a home owner in Pungo Borough, appeared in support of the
Lnd Use Development Plan of the Princess Anne Study Area.
.-. J. W. Wood, Jr., President of Virginia Beach Board of Realtors, appeared
in support of the Land Use Development Plan of the Princess Anne Study.
Mr. Ernie Bowden appeared in support of the Land Use Development Plan of the
Princess Anne Study Area.
on motion by Councilman Payne, seconded by Councilman Waterfield, and by
recorded vote as follows:
Ayes: Councilmen Robert B. Cromwell, Jr., Frank A. Dusch, George R. Ferrell,
Clarence A. Holland, D. Murray Malbon, J. Curtis Payne, Vice Mayor Earl M.
Tebault, Floyd E. Waterfield, Jr., and @layor Donald H. Rhodes.
Nays: Councilmen Robert H. Callis, Jr. and F. Reid Ervin.
Absent: None
City Council approved the above application of the City of Virginia Beach,
Department of Planning, for the Land Use Development Plan of the Princess
Anne Study Area located within the Boroughs of Lynnhaven, Princess.-Anne,
Blackwater and Pungo. The approximate boundaries of the Study are: One the
)rth: the Southern boundary line of the Virginia Beach-Norfolk Expressway
,ginning at S. Great Neck Road and ending at the Rudee-Linkhorn Bay Canal
id the Northern boundary line of the Camp Ilendleton Military Reservation.
On the East: the Eastern boundary line of Oceana Naval Air Station and the
Atlantic Ocean. On the South: the Virginia Beach City and North Carolina
State line. On the West: the Western boundary line of the Oceana Naval Air
Station and the Virginia Beach-Chesapeake City line. Plats with more detailed
information are available in the Department of Planning. Approval of the
above application is subject to the stipulation that the areas shown as
"Conservation" be retained on the map and that the permissible uses contained
within be the same as those allowed in agricultural areas until such time as
the term "Conservation" is defined in the proposed zoning ordinance and further
subject to the deletion of Section 3, page @-7 of the Land Use Development Plan
of the Princess Anne Study Area regarding the proposed airports, which will
be considered at a later date after a report from the Airport Study Committee.
ITEM #4164
Application of the City of Virginia B-ach, Departmnt of Planning for an update
of the Land Use Development Plan known as the Beach Borougli Development Plan on
certain property bounded on the i"orth by Fort Story, on the West by broad Bay,
Linkhorn Bay, Great Neck Creek and Oceana Boulevard, on the South by Camp
Pendleton and on the East by the Atlantic Ocean. Plats with more detailed
information are available in the Department of Planning. VIRGI@IIA BEAC]4 Ai'iD
LYNNHAVE14 BOROUGIIS.
The Planning Commission recornends approval of the Beach Borough Development
.Plan Update as presented Deceniber 3, 1971 with tlie exception tilat the area
West of South Birdneck Road and South of the f,'urfolk and Sout@iern Rail,;iay Right
of Way be shown as I to 6 dwelling units per acre rather than 6 to 12 d@ielling
units per acre as originally presented.
-2
Mr. David Faulkner appeared on behalf of the City of Virginia Beach, Department
of Planning, to present the update of the Land Use Development Plan known as
the Beach Borough Development Plan.
Mr. R. A. Phelps, from the Oceana Naval Air Station, appeared in opposition
to the proposed update of the Land Use Development Plan known as the Beach
Borough Plan, as areas "A" and "B" designated for residential development are
in Noise Zone Three.
Mr. C. M. Davis of Marsh & Basgier appeared on behalf of Mr. J. J. Waterfield,
Mr. Sidney Sanderlin and Mr. Harold James, the majority of ownerships in area
"C", in opposition to the proposed update of the Land Use Development Plan
Lown as the Beach Borough Plan because the subject owners desire area "C"
i be designated for highway density to allow the maximum use of the land for
.jwnhouse development. Mr. David then requested an increase in the density
in Parcel "C" to sixteen units per acre.
Mr. Floyd iones appeared on behalf of the Pinewood Park Civic League in
opposition to the request of Mr. Davis that area "C" be designated for higher
density (an increase to 16 units per acre).
On motion by Councilman Callis, 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. 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 referred the above application of the City of Virginia Beach,
Department of Planning for an update of the Land Use Development Plan known
as the Beach Borough Development Plan,on certain property bounded on the
@lirth by Fort Story, on the West by Broad Bay, Linkhorn Bay, Great Neck Creek
id Oceana Boulevard, on the South by Camp Pendleton and on the East by the
:lantic Ocean, back to the Planning Department for readvertisement for
presentation to the City Council on Februar@- 28, 1972, as several amendments
were made to the application after consideration by the Planning Commission
and subsequently were not previously advertised.
ITEM #4165
Application of the City of Virginia Beach, Department of Planning, for an update
of the Land Use Development Plan of the Great Neck Study Area on certain property
located on the North side of the Virginia Beach-ilorfolk Expressway, '4orth to Shore
Drive, and from Broad Bay and Linkhorn Bay West to the Eastern Branch of the
Lynnhaven River. Plats with more detailed information are available in the Depart-
Twnt of Planning. LYi@iilliAVEil BOROUGH.
The Planning Cormission recommends approval of the Great Neck Development Plan
Update as presented December 8, 1971, with the exception of the properties lo-
cated between Wolfsnare Road and Virginia Beach Boulevard referred to as Region 1,
be left as they are presently zoned.
Mr. Richard Browner appeared on behalf of the City of Virginia Beach, Department
of Planning to present an update of the Land Use Development Plan of the
Great Neck Study Area.
Cdr. R. E. Paulson, on behalf of the Oceana Naval Air Station, appeared in
opposition to the recommendation of the Planning Commission that the properties
located between Wolfsnare Road and Virginia Beach Boulevard, referred to as
Region I, be left as they are presently zoned as this high density area is
in Noise Zone Three.
F. Wayne McLeskey appeared in support of the recommendation of the Planning
,mmission that the properties located between Wolfsnare Road and Virginia Beach
-ulevard, referred to as Region I, be left as they are presently zoned.
Cdr. J. H. McConnell, President of the Alanton Civic League, appeared in
favor of the above application of the City of Virginia Beach, Department of
Planning and indicated the concern of the civic league regarding the traffic
problem on First Colonial Road and requested that there be no further con-
struction on this road until it is improved.
Mr. Don Washburn requested that the Navy make available to the public material
designating the areas lying within Noise Zone Three. Cdr. Paulsen indicated
that this information is available upon request from the Navy, the City
Planning Department and the Southeastern Planning District Commission.
On motion by Councilman Malbon, seconded by @ouncilman Ervin, 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. H'olland, D. Murray
Malbon, J. Curtis Payne, Vice Mayor Earl M. Tebault, Floyd E. Waterfield,
Jr., and Mayor Donald H. Rhodes.
Nays: None
sent: None
--ty Council approved the above application of the City of Virginia Beach,
Department of Planning, for an update of the Land Use Development Plan of
the Great Neck Area on certain property located on the North side of the
Virginia Beach-Norfolk Expressway, North to Shore Drive, and from Broad Bay
and Linkhorn Bay West to the Eastern Branch of the Lynnhaven River, with
the exception of the properties located between Wolfsnare Road and Virginia
Beach Boulevard referred to as Region I, being left as they are presently
zoned.
(COUNCILMEN CALLIS AND PAYNE LEFT THE COUNCIL CHAMBERS)
ITEM #4166
On motion by Councilman Cromwell, seconded by Councilman Malbon, and by
recorded vote as follows:
es: Councilmen Robert B. Cromwell, Jr., Frank A. Dusch, F.@Reid Ervin,
!orge R. Ferrell, Clarence A. Holland, D. @lurray Malbon, Vice Mayor Earl
Tebault, Floyd E. Waterfield, Jr., and Mayor Donald H. Rhodes.
Nays: None
Absent: Councilmen Robert H. Callis, Jr. and J. Curtis Payne.
City Council approved on second reading the following Ordinance to amend and
reordain Section 36-5 of the City code by establishing rental rates for
spaces:
AN ORDI@@,A.,@'-@E A.,@'ITD A, D
REORDAIN S-ZCTION 3@-5 OF THE
COD7- OF THI-- @-ITY OF VIRGINIA
BEACH BY ESTAB'-ISH@@NG REN.-AL
RATES FOR S@ACES
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
That rental char-.es for stdils, spaces, or places
in the market shall be as follows:
.(a) Enclosed Stall-s (20' x 30') - $30-00 per week
(b) Open Shed Stalls (101 x 301) - $12.00 per week
(c) Open Ai.- Stalls (101 x 30') - $10.00 per iieek
(d) Open Air Stalls (10' x 30') - $ 2.00 per day
Rental periods shall start at 4:00 P.M. and ter,-nina-@e
at 4:00 P.m. of the following day. Weekly rentals shall
start at 4:00 @D.M. and termina-@e seven days later a:t
4:00 ?.M.
First Readin,- January 17, 1972
Second Readin,: January 24, 1972
Adopted by the Council of the -ity of Virginia Beach,
Virginia on the 24th day of ar
ITEM #4167
Mr. Agelasto appeared on behalf of the petitioners.
On motion by Councilman Cromwell, seconded by Councilman Dusch, and by recorded
vote as follows:
Ayes: Councilmen Robert B. Cromwell Jr., Frank,A. Dusch, F. Reid Ervin,
George R. Ferrell, Clarence A. Holla@d, D. Murray Malbon, Vice Mayor Earl
M. Tebault, Floyd E. Waterfield, Jr., and Mayor Donald H. Rhodes.
@ s: None
Absent: Councilmen Robert H. Callis, Jr. and J. Curtis Payne.
City Council approved the following Ordinance relative to the closure of
Greenfell Avenue in Bayside Borough;
AN ORDINANCE CLOSING, VACATING AND
DISCONTINUING A PORTION OF GREENFELL
AVENUE, CITY OF VIRGINIA BEACH,
VIRGINIA
WHEREAS, proper notice that Elizabeth T. Overcash, Sole
Surviving Executrix of the Estate of R. E. Townsend, deceased,
would make application to the City Council of the City of
Virginia Beach, Virginia, to have those certain portions of
Greenfell Avenue (formerly Georgia Avenue) closed, vacated and
discontinued as a public street of the City of Virginia Beach
was duly posted; and
WHEREAS, the land proprietors affected thereby have
been duly notified; and
WHEREAS, said application was made to the City Planning
Commission and the City Council and pursuant to the statutes in
such cases made and provided, the Council appointed viewers who
reported to the Council that no inconvenience to the public or to
private individuals would result from such closing, vacation and
discontinuance of the portions of Greenfell Avenue as set forth
hereinafter, but
WHEREAS, said viewers have reported that future highwa@
development plans call for widening Holland Road to sixty feet
and improvement of Southern Boulevard to a width of fifty feet
and presently said Holland Road has a dedicated width of forty
feet and Southern Boulevard a dedicated width of thirty feet, and
portions of the said Greenfell Avenue sought to be closed at a
future date must be dedicated for improvements to the two roads
ilas aforesaid; and
owners should agree to enter into an agreement to dedicate
portions of said street for the purposes of widening Holland
Road and improving Southern Boulevard; now therefore
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA:
Section 1. That those certain portions of said street
,described as follows in the City of Virginia Beach, are hereby
closed, vacated and discontinued as a public street of the City
of Virginia Beach, Virginia, said portions of said street not
being needed for public use and travel:
All those certain portions of Greenfell Avenue
(formerly Georgia Avenue) as are shown on the
Plat of Euclid Place, recorded in Map Book 4 at
pages 62 and 63 in the Clerk's Office of the
Circuit Court of the City of Virginia Beach,
Virginia, lying, being and situate in the City
of Virginia Beach, Virginia, and more particularly
described as follows:
1. All that part of Greenfell Avenue (formerly
Georgia Avenue) adjoining Lots 23 throurh 44,
Block 41 and Lots I through 22, Block 40, Euclid
Place, extending from Virginia Beach Boulevard
to Cleveland Street; and
2. All that part of Greenfell Avenue south of
Holland Road and north of the Norfolk & Southern
Railroad and@or SouthernBoulevard, adjoining Lots
22 through 31, Block 54 and Lots 14, 15, and 40,
Block 55.
Section 2. The closure is subject to the following require-
ment and will not become effective until the satisfaction of same,
to-wit:
The recordation of an agreement in such form as is approved
by the Office of th-e City Attorney to dedicate to the City of
Virginia Beach in the future those parts of Greenfell Avenue
Closed required to extend the width of Holland Road ten feet on
the south side of Holland Road and to improve Southern Boulevard
an additional twenty feet to the north of its present platted
width, and a 10' dedication on the Southern part of Greenfell at
Cleveland.
Section 3. That thirty (30) days after this date or
as soon as the aforesaid agreement has been recorded, whichever
is the later, a copy of this ordinance, certified by the Clerk,
be spread upon the public records in the Clerk's Office of the
Circuit Court of this City and indexed in like manner as a deed
to lands.
Adopted by the Council of the City of Virginia Beach, Virginia,
on the 24th day of January 19 72
(COUNCILMAN PAYNE RETURNED TO THE COUNCIL CHAMBERS)
ITEM #4168
On motion by Councilman Malbon, seconded by Councilman Ervin, and by recorded
vote as follows:
Ayes: Councilmen Robert B. Cromwell, Jr., Frank A. Dusch, F. Reid Ervin,
George R. Ferrell, Clarence A. Holland, D. Murray @talbon, J. Curtis Payne,
Vice Mayor Earl M. Tebault, Floyd E. Waterfield, Jr., and Mayor Donald H.
Rhodes.
LYS : None
Absent: Councilman Robert H. Callis, Jr.
City Council approved the following Ordinance appointing viewers relative
to the closing of a 15-foot alley in Block 6, Ubermeer, Lynnhaven Borough:
CITY OF VIRGINIA BEACH (ORDINANCE APPOINTING VIEWERS
AN ORDINANCE APPOINTING VIEWERS ON
APPLICATION FOR VACATION AND DIS-
CONTINUANCE OF A 15 FOOT ALLEY, IN
LYNNHAVEN BOROUGH, IN THE CITY OF
VIRGINI-A BEACH, VIRGINIA
VI-HEREAS, pursuant to the authority therefor contained in, and
in accordance with the manner prescribed for the institution of proceedings
for the vacation of a street by, Code of Virginia, 515.1-364, there has this
day been presented to the Council of the City of Virginia Beach, Virginia,
hereinafter called the Council, the application of North Shore Corporation,
hereinafter cal-led the Applicant, for the vacation and discontinuance of a
15 foot alley, in Lynnhaven Borough, in the City of Virg@ Beach, described
more particularly hereinafter, (hereinafter called the street), and in accord-
ance with the procedure prescribed by sur-h section for the conduct of such
proceedings, that the Council appoint viewers to view such street and report
to the Council tbeir opinion whether any and if any, what, inconvenience
would result from discontinuing the street; and
WHEREAS, in conformity with the procedures prescribed by said
section at least ten days notice of the intended application has been posted
at the Court House of the Circuit Court of the City of Virginia Beach,
Virginia, and at two public places in the Cityd Virginia Beach, Virginia;
NOW, THEREFORE, BE IT ORDAINDED, that in conformity with
the procedure set forth in Code of Virginia, SS15.1-364, for the institution
and conduct'of proceedings for the va(@ation of a street, Mr. Geor2e L.
Hanbury, TI and Mr. W. W. Fleming, Jr. -, and Mr. C.
C. Carrington , be, and the.v hereby are, appointed VIEWERS to
view the street and report in writing to the Council on or before March 20,
CATON & WRIGHT
ATTORNEYS AT LAW 1972, whether, in their opinion, any and if any, what, inconvenience would
@IRGINIA BEACH. VA.
result from discontinuing the same; and ihat further such viewers
be, and they hereby are, allowed the sum of $10. 00 each for their
services, such sums to be paid to such viewers on or before
March 20 1972, by the applicant.
The street is described as follows:
ALL that certain 15 foot a]-ley, in Lynnhaven Borough, in
the City of Virginia Beach, Virginia, showli as 151 Alley on
that certain plat attached hereto entitled "Physical Survey
of Block 6, Ubermeer for North Sliore Corporation" Lynn-
haven Borough-Virginia Beach, Virginia, Scale: 1" = 301,
August 25, 1966, made by Frank D. Tarrall, Jr. & Associates,
Surveyors & Engineers, Virginia Beach, Virginia.
ITEM #4169
on motion by Councilman Ferrell, seconded bv Councilman Payne, and by recorded
vote as follows:
yes: Councilmen Robert B. Cromwell, Jr., Frank A. Dusch, F. Reid Ervin,
ueorge 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: Councilman Robert H. Callis, Jr.
City Council approved the following application for tax refund in the amount
of $82.42:
(COUNCILMAN CALLIS RETURNED TO THE COUNCIL CHAMBERS)
ITEM #4170
On motion by Councilman Cromwell, seconded by Councilman Malbon, and by
recorded vote as follows:
@es: Councilmen Robert H. Callis, Jr., Robert B. Cromwell, Jr., Frank A.
isch, F. Reid Ervin, George R. Ferrell, Clarence A. Holland, D. Murray
albon, J. Curtis Payne, Vice Mayor Earl M. Tebault, Floyd E. Waterfield,
Jr., and Mayor Donald H. Rhodes.
Nays: Non6
Absent: None
City Council approved an appropriation in the amount of $30,000. for
improvements and the removal of the dips on Bay Colony Drive, which will
alleviate many of the traffic problems on this road.
ITEM #4171
On motion by Councilman Cromwell, 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,
Jr., and Mayor Donald H. Rhodes.
@l-ys: None
sent: None
City Council adopted the following Resolution requesting federal funds to
offset the cost of a member of the Commonwealth's Attorney's office to
attend a seminar course for prosecuting attorneys:
R E S 0 L U T I 0 N
WHEREAS, The Crime Omnibus 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 exist a need, within the Commonwealth's Attor
ney's
Office to keep abreast of the developments in prosecution techniques
and management procedures; and
WHEREAS, Institutes and seminars are offered to inform and train
members of the judicial system to take advantage of new developments
in this area; and
WHEREAS, Attendence by one member of the Comnonw@alth.'s Attorney's
Office, at a subject seminar course for prosecuting attorneys will cost
$2,073.00 of which the City's inkind personnel contribution amounts
to $968.00 ; and
WHEREAS, It is necessary that the political subdivision participating
in the program provide a proportiona'6e share of the cost thereof,
NOW, THEREFORE BE IT R,CSOLVED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA;
That the City Manager is hereby authorized and directed to cause
such infomation or materials as may be necessary to be provided to
the appropriate state agencies to permit the formulation, approval, and furding of
i.
the programs needed by the City.
AND, BE IT FURTHER RESOLVED, That the Governor of Virginia is
respectfully requested to assist in the prompt approval and funding
of nee
,Oed programs in order to increase the efficiency of Criminal
Justice Operations and Adninistration within this City.
ITEM #4172
On motion by Councilman Dusch, seconded by Councilman Cromwell, and b.N@
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.
Malbon, J. Curtis Payne, Vice Mayor Earl M. Tebault, Floyd E. Waterf;leli,
Jr., and Mayor Donald H. Rhodes.
Nays: None
Absent: None
City Council approved an appropriation in the amount of $75,000. froni tile
City's surplus account for the replacement of certain types of insul@lt@-on in
schools which were constructed some time ago.
ITEM #4173
On motion by Councilman Payne, seconded by Councilman Cromwell, and bNl recorc
vote as follows:
Ayes: Councilmen Robert H. Callis, Jr., Robert B. Cromwell, Jr., Fr@l-i@ -k.
Dusch, F. Reid Ervin, George R. Ferrell, Clarence A. Holland, D. @lurr@@,
Malbon, J. Curtis Payne, Vice Mayor Earl M. Tebault, Floyd E. Waterf@l.-,.'
Jr., and Mayor Donald H. Rhodes.
Nays: None
Absent: None
City Council approved a transfer in the amount of $307,304 to cover ti,f,
City employees' across-the-board increases as follows:
From the respective Reserves for Contingencies to the detailed
salary accounts, it will be necessary to make transfers as follo;,,-Z:
Genera I Fund $279,915
Water & Sewer Fund 11,457
Va. Beach Spec. Rev. Fulid 5,190
Total Transfers $296,562
From the surpluses of the following funds, it will be necessar.@,
make appropriations as follows:
City Garage Working Cap. Fund $ 5,692
Data Processing Work Cap. Fund 4,321
Print Shop Working Cal). @'und S87
Law LibTary Fund 142
Total 11,742
ITEM #4174
On motion by Councilman Payne, seconded by 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. Murray
lbon, J. Curtis Payne, Vice Mayor Earl M. Tebault, Floyd E. Waterfield,
.1 and Mayor Donald H. Rhodes.
Naysz None
Absent: None
City Council approved the extension of water mains to the north end of
Sandbridge, between Sandbridge Road and the entrance to Dam Neck, as the
Public Utilities Division has received signed agreements from the property
owners totaling $22,000.00, which is approximately 76% of the estimated cost;
and further approved the extension of water mains to Sandfiddler Road between
.Molly Cooper Road and White Cap Lane, as the Public Utilities Division has
received signed agreements from the property owners totaling $18,800.00, which
is 78% of the estimated cost.
ITEM #417S
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.
isch, F. Reid Ervin, George R. Ferrell, Clarence A. Holland, D. Murray
Llbon, J. Curtis Payne, Vice Mayor Earl M. Tebault, Floyd E. Waterfield,
I., and Mayor Donald H. Rhodes.
Nays: None
Absent: None
City Council authorized the City Manager, Mr. Roger Scott, to execute standard
water and sewer agreements for Shannon Subdivision, Kempsville Borough.
ITEM #4176
On motion by Councilman Malbon, seconded by Councilman Waterfield, and by
recorded vote as follows:
Ayes: Councilmen Robert H. Callis, Jr., Robert B. Cromwell, Jr., Frank A.
I)usch, F. Reii 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
Al,sent: None
ty Council authorized the City Ntanager, Mr. Roger Scott, to execute a
bLandard water agreement for Raleigh Square, Lynnhaven Borough.
ITEM #4177
On motion by Councilman Payne, seconded by 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. Murray
Mn.lbon, J. Curtis Payne, Vice Mayor Earl M. Tebault, Floyd E. Waterfield,
.., and Mayor Donald H. Rhodes.
,Nays: None
Absent: NQne
City Council authorized the City Manager, Mr. Roger Scott, to execute a
standard water agreement for Green Run, Section 1-8, Phase I.
ITEM #4178
On motion by Councilman Callis, 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, Clarence A. Holland, D. Murray Malbon, J. Curtis Payne,
Vice Mayor Earl M. Tebault, Floyd E. Waterfield, Jr., and Mayor Donald H.
Rhodes.
Nays: Councilman George R. Ferrell
Absent: None
ty Council approved the employment of the firm of Laventhal, Krekstein,
,rwath & Horwath to conduct an economic feasibility study for a convention
center for the City of Virginia Beach.
ITEM #4179
Mr. Frank Creasy, Public Information Officer, on behalf of the City of Virginia
Beach, accepted at a meeting of the Virginia Beach Travel Council in Roanoke
the following awards:
An Achievement Award for magazine advertisement
An Achievement Award for the best televistion spot
Merit Awards for newspaper advertising, magazine
advertising and two travel folders
ITEM #4180
The City Council was unanimously in favor of requesting an additional fifiy
thousand ($SO,000) from the Commonwealth to be expended to prevent beach
erosion. This would bring appropriations from the state for beach erosion
.0jects to a total of one-hundred thousand dollars ($100,000) per year.
--ty Council also requested the diversion of an additional one cent (1cts) from
the sales tax for local government use.
7
ITEM #4181
On motion by Councilman Holland, 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 Mayor Earl M. Tebault, Floyd E. Waterfield,
ii., and Mayor Donald H. Rhodes.
Nays: None,
Absent: None
City Council noted its intention to hold a closed meeting on Monday, February
7, 1972, for the purpose of discussing items permitted for discussion under
the Freedom of Information Act of the Commonwealth of Virginia.
ITEM #4182
On motion by Councilman Ferrell, seconded by Councilman Holland, and by unanimous
vote, the meeting adjourned.
Richard J. bbon, City Clerk Donald H. R o es, ayor
City of Virginia Beach,
Virginia
January 24, 1972