MARCH 9, 1970
MINUTES OF THE HONORABLE CITY COUNCIL
OF THE
CITY OF VIRGINIA BEACH, VIRGINIA
March 9, 1970
The regular meeting of the Council of the City of Virginia Beach, Virginia was
held in the Council Cham@ers in the Administration Building, in the Borough of
Princess Anne, on Monday, March 9, 1970, at 2:00 o'clock p.m.
The invocation was given by Reverend Robert Bradford of the Thalia Trinity
Presbyterian Church, Virginia Beach.
Councilmen present: Mayor Frank A. Dusch, Vice Mayor Robert B, Cromwell, Jr.,
Albert L. Bonney, Sr., George R. Ferrell, D. Murray Malbon, Lawrence E. Marshall,
John W. McCombs, J. Curtis Payne, G. Dewey Simmons, Jr., Earl M. Tebault, and
Kenneth N. Whitehurst.
Councilmen absent: None
ITEM #2103
Mayor Frank A. Dusch presented the followinq Proclamation to Mr. Mac Owens, who
accepted on behalf of the Optimists Club. Mr. Owens spo e before Council in regard
to plans for a proposed Boy's Club.
P R 0 C L A M A T I 0 N
WHEREAS, The Optimists Club of the City of Virginia Beach, Virginia in an
ort to provide for the health and welfare of the boys of this community has
e-xpressed a desire to concentrate its efforts for fund raising for the subject work
during the month of April, 1970.
NOW, THEREFORE, I, Frank A. Dusch, Mayor of the City of Virginia Beach, Virginia,
do hereon proclaim the month of April, 1970 to be Boys Club Month and respectfully
urge the citizens of this community to give their material and physical support to
this most worthy effort.
Frank A. Dusch,'Mayor
On motion by Mr. Marshall, seconded by Mr. Bonney, and by unanimous vote, City
Council approved the Minutes of the meeting of February 24, 1970, and the reading of
said Minutes dispensed with, inasmuch as each Councilman had a copy of said Minutes
before him.
ITEM #2104
On motion by Mr. Ferrell, seconded by Mr. Cromwell, and by unanimous vote, City
Council approved the followinq on second readinq: Appropriation of $1,000.00 for
i' City's share of the salary of $6,000.00 Tor-Mr. Robert P, Vaughan, Personal
I perty Assessor in the office of the Commissioner of Revenue for re-employmeht
z_er completion of his military obligation.
ITEM #21105
On motion by Mr. Bonney, seconded by Mr. Ferrell, and by unanimous vote, City
Council approved the following on second reading: The transfer from Reserve for
Contingencies in the amount of $15,716.00 to cover the cost of additional acreage
at the second refuse disposal site. The original appropriation was based on an
estimated 106 acres. The correct acreage is 113.858 acres, at a cost of $2,000.00
per acre.
ITEM #2106
Mrs, Paul Swartz appeared before Council requesting that they support Councilman
Lawrence E, Ma@shal) in his efforts to fight the VEPCO rate increases Marshall
made the motion for adoption of a Resolution supporting the fight against these
VEPCO rate increases not to exceed six cents (6cts) per capita, The motion was
seconded by Mr. Bonney, and unanimously approved,
ITEM #2107
Mrs, Gwen Wood appeared before Council representing Pinewood Gardens Civic League
i gave each Councilman literature regarding a park in Lynnhaven V,@@))age,, She
uested Council to vote on three contracts to present to the owneys of possible
-d sites for the payk,
On motion by Mr, Bonney, seconded by Mr, Fer@el@, and by unanimous vote, City Council
recommended that the Real Estate Department obtain appraisals on property for the
purpose of purchasing a site.
COUNCILMAN G, DEWEY SIMMONS, JR, LEFT COUNCIL CHAMBERS
ITEM #2108
Mr. Joe Canada, Attorney, appeared before Council requesting that some action be
a@k6n-r6g-i@di-ng an ordinance govern@ng talyground activities, He requested that a
committee be o,ganized to draft an ordinance that fits all falyground situations,
On motion by Mr- Payne, seconded by Mr, Malbon, and by reco(ded vote as follows:
AYES: Mayor@ Frank A, Dusch, Vice Mayor Robert B. Cr@omwel@, J@,, Albert L, Bonney, Sr.,
George R. Ferrell, D, Murray Malbon, Lawrence E, Marshall, John W. McCombs,
J. Curtis Payne, Earl M. Tebault, and Kenneth N, Whitehurst
NAYS: None
ABSENT: G, Dewey Simmons, Jr.
C'@y Coun(@il recommended that someone from the City Attovney's office and the City
ager's oftice meet with representatives of the Greater Tidewate(, Fair to draft an
inance to bring back to City Council at the next regula@ meeting on April 13, 1970.
COUNCILMAN SIMMONS RETURNED TO COUNCIL CHAMBERS
ITEM #2109
Mr. Tom Kyrus, agent involved in sale of the @and in the following application, ap-
peared befo(,e Council and requested a deferral of action,
Mr, Lee Kelberg appeared representing members of Birchwood Civic League and residents
of the Birchwood and Malibu area,
Mr, Patrick Tunstall, President of Birchwood Civic League also appeared,
On motion by MT, S-im@ons, seconded by Mr. Whitehu,,st, and by ,ecorded vote as follows:
AYES: Mayor Frank A, Dusch, Vice Mayor Robert B. Cromwell, Jr,, Albert L. Bonney, Sr.,
George R. Ferrell, Lawrence E. Marshall, John W, McCombs, J, Curtis Payne, G, Dewey
Simmons, Jr., Earl M. Tebault, and Kenneth N. Whitehurst.
NAYS: D. Murray Malbon
City Council deferred the following application pending a decision to be rendered by
the Circuit Court. Sixty (60) days after the decision of Circuit Court is known, the
application is to be placed on the agenda of the regular Council Meeting at the nearest
applicable date and notice given of the said meeting to all concerned parties.
A ]ication of London By@ldqe Prooerties. Inc, for a chanqe of zoninq from Residence
S irban Distr@ict 4 (R-S 4@ and @ultiple- Family Residence District (R-M) to limited
C nercial District I (C-L 1) on certain property located on the North side of Virginia
e@ach Boulevard beginning at a point 105 feet East of Caren Drive and running a distance
of 921 feet along the North side of Virginia Beach Boulevard, running a distance of 2006
feet along the Eastern property line, running a distance of 1190 feet along the Northern
roperty line, and running a distance of 1898 feet along the Western property line.
@Birchwood Gardens Area), LYNNHAVEN BOROUGH,
The Planning Commission recommends approval of this request subject to City water and
sewer.
ITEM #2110
A letter was received from the attorney requesting deferral of the following. On
motion by Mr. Bonney, seconded by Mr. Ferrell, and by unanimous vote, City Council
deferred the following application for change of zoning and a ermit until the
meeting on June 22, 1970.
Application of J. 0. Beckham for a chanqe of zoninq from Limited Commercial District
1 (C-L 1) to Multiple Family Residence District (R:-M) and a Use Permit to construct
5ixteen apartment units and sewage facilities on certain pro erty located on the North
le of Parliament Drive beginning at a point 438 feet West of Lowther Drive, running
Jistance of 100 feet along the North side of Parliament Drive, running a distance of
@ feet along the Eastern property line, running a distance of 63 feet along the
Northern property line, Southern property line of the Norfolk and Southern Railway
Co,, and running a distance of 348 feet along the Western property line. (Carolanne
Farms Area), KEMPSVILLE BOROUGH,
The Planning Commission recommends approval of this request subject to@City water and
sewer and a dedication of 40 feet from the center line of Parliament Drive and further
subject to the requirements of the Site Plan Ordinance-
ITEM #2111
Mr. Thomas Broyles appeared requesting withdrawal of the following, On motion by
Mr. Payne, seconded by Mr, Tebault, and by unanimous vote, City Council approved the
withdrawal of the following application for a ermit,
Application of Baillio Sand Co., Inc, by Thomas C. Broyles, Attorney, for a Use Permit
to excavate a borrow pit on certain property located 1245 feet West of Ocean Boulevard
beginning at a point 5360 feet Nor,th of Nimmo Church, running a distance of 1433 feet
along the Eastern property line, running a distance of 865 feet along the Northern
property line, running a distance of 1411 feet along the Eastern property line, and
running a distance of 803 feet along the Southern property line. (Nimmo Church-
Woodhouse Corner Area). PRINCESS ANNE BOROUGH.
@ Planning Commission recommends approval of this @,equest subject to all of the
Iuirements set forth in Ordinance #151 regarding the excavation of borrow pits and
fu-rther subject to a 100-foot setback from the VEPCO Easement and a fence as a safety
precaution be erected around the borrow pit, Approval is further subject to a satis-
factory ingress and egress to be approved by the Director of the Department of Public
Works.
ITEM #2112
Mr. Thomas Broyles appeared on behalf of the applicant, On motion by Mr, Payne,
seconded by Mr. Marshall, and by recorded vote as follows:
AYES: Mayor Frank A. Dusch, Vice Mayor Robert B, Cromwell, Jr., Albert L. Bonney, Sr.,
George R. Ferrell, Lawrence E, Marshall, John W. McCombs, J, Curtis Payne, G, Dewey
Simmons, Jr., Earl M. Tebault, and Kenneth N, Whitehuv,,St,
ABSTAINED: D. Murray Malbon
City Council approved the following application for a ermit subject to the
requirements of the Site Plan Ordinance and Ordinance #151 concerning the excavation
of borrow pits and at the request of the City Engineer that tiaffic conditions and
movements at the intersection of Culver Lane and Route 615 be reviewed and approved
by the Bureau of Traffic and Safety Engineering, and that no excavation will be al-
lowed that would increase erosion adjacent to the Seaside Canal,
)Iication of Baillio Sand Company by Thomas C. Broyles, Attorney, for a Use Permit
excavate a borrow pit on certain property located 3160 feet East of Oceana Blvd.
-J 262 feet South of Culver Lane, running a distance of 1181 feet along the Western
property line, running a distance of 2161 feet along the Southern property line,
running a distance of 404 feet along the Eastern property line and running a distance
of 2363 feet along the Northern property line, (Woodhouse Corner Area). PRINCESS
ANNE BOROUGH.
The Planning Commission recommends approval of this request subject to the require-
ments of the Site Plan Ordinance and Ordinance #151 concerning the excavation of
borrow pits and at the request of the City Engineer that traffic conditions and
movements at the intersection of Culver Lane and Route 615 be reviewed and approved
by the Bureau of Traffic and Safety Engineering, and that no excavation will be
allowed that would increase erosion adjacent to the Seaside Canal
ITEM #2113
On motion by Mr. Marshall, seconded by Mr. Cromwell, and by unanimous vote, CitY
Council approved the following application for a change of zoning and a use permit
subject to City water and sewer and the requirements of the Site Plan ordinance.
Application of Viking Marine, Inc. for a chanqe of zoning from Residence Duplex
District 2 (R-D 2) to Limited Commercial i@strict 3 (C-L 3) and a Use Permit for
marine pleasure craft sales and services on certain property locat, on t e North
side of Shore Drive and the South side of West Stratford Road begtnning at a point
3 feet West of Roanoke Avenue, running a distance of 122 feet along the North side
Shore Drive and running a distance of 133 feet along the South side of West
-,atford Road. Said parcel is designated as Lots 4, 5, 8, and 9, Block 33, Plat
of Ocean Park, Section B, (Ocean Park Area). BAYSIDE BOROUGH.
The Planning Commission recommends approval of this request subject to City water
and sewer and the requirements of the Site Plan Ordinance,
ITEM #2114
On motion by Mr, Bonney, seconded by Mr. Ferrell, and by unanimous vote, City
Council approved the following application for a ermit subject to the require-
ments of the Site Plan Ordinance,
Application of Carolanne East Corporation for a Use Permit to construct a sewage
pumping station on certain property located on t e South side of Alice Road beginning
at a point 100,,9 feet West of Carol Drive, running a distance of 15 feet along the
South side of Alice Road, running a distance of 114 feet along the Eastern property
line, running a distance of 35 feet along the Southern property line, running a
distance of 112 feet along the Western property line, (Lark Downs - Bellamy Manor
Area). KEMPSVILLE BOROUGH,
The Planning Commission recommends approval of this request subject to the requirements
of the Site Plan Ordinance.
ITEM #2115
UrFmotion by Mr, Ferrell , seconded by Mr. Bonney, and by unanimous vote, City Council
approved the following application for a use permit subject to the requirements of
the Site Plan Ordinance.
Application of Thomas B. Payne for a Use Perinit for trailer rental and repairs on
certain property located on the West side of Military Highway beginning at a point
639 feet North of Providence Road, running a distance of 100 feet along the West side
of Military Highway, running a distance of 210 feet along the Novthern property line,
running a distanc@e of 100 feet along the Western property line and running a distance
of 210 feet along the Southern property line, (Queen City Area). KEMPSVILLE BOROUGH.
ITEM #2116
Mr. Thomas Broyles appeared on behalt of the applicant and stated that this was to be
used for private stables for personal use only.
On motion by Mr, FeKrell, seconded by Mr. Bonney, and by unanimous vote, City Council
approved the following application for a use permit subject to the requirements of
the Site Plan Ordinance.
Application of James B. Nelson and Jessica G. Nelson by Thomas C. Broyles, Attorney,
for a Use Permit to construct a stable on certain property located on the South side
c@ Elbow Road beginning at a point 926 feet East of Indian River Road, running a
( tance of 989 feet along the South side of Elbow Road and running-a distance of
1-5 feet along the Eastern property line, running a distance of 1005 feet along the
Southern property line, and running a distance of 1203 feet along the Western property
line, (Stumpy Lake Area),, KEMPSVILLE BOROUGH.
The Planning Commission recommends approval of this request subject @to the require-
ments of the Site Plan Ordinance.
ITEM #2117
Mr. James Pickrell appeared on behalf of the following application, On motion by
r. erre T, secon ded by Mr. Bonney, and by unanimous vote, City Council approved
the following application for change of zoning and a use permit,,
Application of the Humble Oil and Refining Company for a chan n fro
1 ('!Gol)@o a Use Permit
Limited Commercial (C-L 1) to General Commercial District C an!22
to construct a gasoline supply station on certain property located on the Nort east
corner of Military Highway (Rte 13) and Providence Road, running a distance of 280
feet on the North side of Providence Road, running a distance of 245 feet along the
Northern property line as shown on the plat attached and marked Exhibit A. Said
parcel being triangular in shape,
The approval is further subject to the requirements of the Site Plan Ordinance, soil
analysis results and a relocation of the property line on Providence Road forty-five
feet (45') from the center line of Providence Road of which thirty feet (30') is a
dedication of land by the property owner, and to provide an additional fifty feet
(50') of land parallel to the back line of the triangle as originally submitted.
ITEM #2118
Mr. James Pickrell appeared on behalf of the following application. On motion by
Mr. Bonney, seconded by Mr. Ferrell, and by unanimous vote, City Council approved
the following application for a change of zoning and a use permit.
Application of Humble Oil and Refining Co for a chanqe of zoning from Limited
Commercial District 1 (C-L 1) to General Eommercial District 1 (E-G 1) and a Use Permit
to construct a gasoline supply station on certain property located on the Sout west
corner of Military Highway and Indian River Road, running a distance of 250 feet
along the West side of Military Highway, running a distance of 248 feet along the
South side of Indian River Road, running a distance of 160 feet along the Western
roperty line and running a distance of 200 feet along the Southern property line,
@Indian River Gardens Area), KEMPSVILLE BOROUGH,
The Planning Commission recommends approval of this request amended to a Use Permit
to construct a gasoline service station subject to the requirements of the Site Plan
Ordinance, and soil analysis results, Approval is also subject to the reservation
of a 10-foot temporary construction easement along the 248-foot frontage on Indian
River Road and 250-foot frontage on Military Highway for the proposed construction
of Indian River Road with termination upon completion of the proposed construction
and the dedication of a 40-foot radius return will be required at the intersection
of Route 13 and Indian River Road along with an undetermined drainage easement
covering the existing drainage outfall ditches, The size of this easement is to be
determined when the Site Plan has been presented to the City for review and approval.
ITEM #2119
'Oyce ' :n.,der appeared in regard to the following application, On motion by
Mr. Mar@h 11, seconded by Mr, Malbon, and by unanimous vote, City Council approved
the following application for a use permit allowing a maximum of ten children and
further subject to the requirements of the Site Plan Ordinance,
Application of Joyce J. Snyder for a Use Permit for a nursery on certain property
located on the East side of Little Nec Road eginning at a point 490 feet North of
Kings Grant Road, running a distance of 199 feet along the East side of Little Neck
Road, running a distance of 166 feet along the Southern property line, running a
distance of 203 feet along the Eastern property line, running a distance of 172 feet
-along the Northern property line, Said lot is designated as Lot 312, Section 4 of
Kings Grant. (Kings Grant Area). LYNNHAVEN BOROUGH.
The Planning Commission recommends approval of this request to allow a maximum of
ten children and further subject to the requirements of the Site Plan Ordinance.
PRET@,
FOII\.
ITEM #2120
Mr. Edward Hudqins, Attorney, appeared representing the applicant. On motion by
r. Simmons, seconded by Mr. Malbon, and by unanimous vote, City Council approved
the following application for a chan ' zoni n, subject to City water and sewer
and a dedication of right of way 25 f:eotffro- the center line of Oriole Drive (15-
foot dedication).
Application of Mrs. E. V. Smith by W. Edward_Hud ins, Attorney, for a change of
zoning from Residence Suburban District 3 (R S 3@ with a Motel and Tou ist and
Restaurant (T-2) Supplement to Limited Commercial District 2 (C-L 2) on certain
property located on the Southwest corner of Laskin Road and Oriole Drive, running a
distance of 97 feet along the South side of Laskin Road, running a distance of 190
-feet along the West side of Oriole Drive, running a distance of 142 feet along the
Southern property line and running a distance of 196 feet along the Western property
line. (Birdneck Point Area). LYNNHAVEN BOROUGH.
The Planning Commission recommends approval of this request subject to City water
and sewer and a dedication of right of way 25 feet from the center line of Oriole
Drive (15-foot dedication).
ITEM #2121
Mr. Thomas Broyles appeared on behalf of the applicant. On motion by Mr. Malbon,
secon e y Mr. Croamell, and by unanimous vote, City Council approved the following
application for a use permit subject to City water and sewer and the requirements of
the Site Plan Ordinance.
Application of C. M. Morgan by Thomas C. Broyles, Attorney, for a Use Permit to con-
struct 24 apartment units on certain property located on the North ide of Americus
Avenue beginning at a point 415 feet more or less West of Birdneck Circle, running
a distance of 316.99 feet on the North side of Americus Avenue, running a distance of
197,97 feet along the Western property line, running a distance of 319.88 feet along
the Northern pro erty line and running a distance of 193.14 feet along the Eastern
property line. @Seatack Elementary School Area). LYNNHAVEN BOROUGH.
The Planning Commission recommends approval of this request subject to City water
and sewer and the requirements to the Site Plan Ordinance.
ITEM #2122
On motion by Mr. Payne, seconded by Mr. Bonney, and by unanimous vote, City Council
approved the following applications for use permits.
Application of Surfside Campgrounds for a Use Permit to construct a 4-foot by 8-foot
signboard on certain property located on t e Sout side of Sandbrfdge Road beginning
at a point 2640 feet East of Entrada Drive. (Lagomar Area). PRINCESS ANNE BOROUGH.
The Planning Commission recommends approval of this request.
Application of Surfside Campgrounds for a Use Permit to construct a 4-foot by
8-foot signboard on certain property locate on t e Southeast corner of Sandbridge
Road and Princess Anne Road. PRINCESS ANNE BOROUGH.
The Planning Commission recommends approval of this request.
ITEM #2123
On motion by Mr. Payne, seconded by Mr. Marshall, and by unanimous vote, City Council
approved withdrawal of the following application for change of zoning and a use permit.
kpplication of Yew Co. for a chanqe of zoning from Agricultural District (A-R) to
@esidence Suburban District 4 (R-@ 4), MulFi-ple Family Residence District (R-M),
Limited Commercial District 2 (C-L 2) and General Industrial District 3 (M-I 3) and
a Use Permit to construct a marina with gasoline supply and a Use Permit for auto-
mo ile sales and automobile wrecking on certain property locate on t e South side
of Ind7an River Road beginning at a point 2820 feet East of North Landing Road,
running a distance of 998 feet along the South side of Indian River Road, running in
a Southeasterly direction to North Landing River, Plats with more detailed information
are ava@lable in the Office of the Department of City Planning, (North Landing Area).
PRINCESS ANNE BOROUGH,
The Planning Commission recommends denial of this request for spot zoning. Community
services and facilities are not available to the property and development of the
prope,ty at this time would result in uncoordinated development of the City.
ITEM #2124
Mr, John Atk@nson representing Mr, Wood appeared in regard to the following application.
He requested deferral for 30 days in order that he may have a chance to discuss the
matter with the opposition.
Mrs, Edwa(d Barco and Mr. Len Merrill appeared in opposition on behalf of the home-
owners in that a,ea.
COUNCILMAN G, DEWEY SIMMONS, JR. LEFT COUNCIL CHAMBERS
On motion by Mr, McCombs, seconded by Mr. Tebault, and by recorded vote as follows:
AYES: Mayor Frank A, Dusch, Vice Mayor Robert B, Cromwell, Jr,, Albert L, Bonney, Sr.,
George R, Ferrell, D, Murray Malbon, Lawrence E. Marshall, John W, McCombs, J. Curtis
Payne, Earl M Tebault, and Kenneth N. Whitehurst.
NAYS: None
ABSENT: G, Dewey Simmons, Jr@,
City Council denied the following application for a change of zoning and a use permit.
Application of W- Roger Wood for a ch
i:ng f(,R ing from One Family Residence District
trTco
t !n
(R-1) to Multiple Family Residence D 3i and a Use Permit to construct five
additional apartment units on certain property located on t e South side of 27th Street
beginning at a point 120 feet East of Baltic Avenue and running a distance of 60 feet
along the South side of 27th Street, running a distance of 140 feet along the
-Western property line, running a distance of 60 feet along the Southern property line
and running a distance of 140 feet along the Eastern property line. VIRGINIA BEACH
BOROUGH.
The Planning Commission recommends denial of this request as this area is zoned for
single family residences and multiple family zoning in the area would decrease adja-
cent property values,
ITEM #2125
On moti on by Mr. Mar shal 1 , seconded by Mr. Cromwel I , and by recorded vote as fol 1 ows:
AYES: Mayor Frank A. Dusch, Vice Mayor Robert B, Cromwell, Jr., Albert L. Bonney, Sr.,
George R, Ferrell, D, Murray Malbon, Lawrence E. Marshall, John W. McCombs, J, Curtis
Payne, Earl M, Tebault, and Kenneth N. Whitehurst.
NAYS: None
ABSENT: G. Dewey Simmons, Jr.
City Counc I approved the attached Ordinance on second reading relative to
Charitable Solicitations.
I'@l- @
ol' i)-
lot
TO "Ill"(;-T@ll,'
TizL CC@yi)t'C--
Trl'l
p c
13" IT 07,,Di',,T""D T@TE COij@!CIL OF T'-rlL' Cl-L"@r rj@,' VII'(,-I'IIA
BE@Cily
13-1, Vir@,.Lnia r@2!-lch Ci-,,.-@y Co(!,(@, 1-0
by by tl-.ic pcri.oci aL the end
thcrooi@ to a cc;p,r,;@, an(i by adding the follc,-iiil,? T,.jO@-do, h-, -Ii
solicitatioi)s are gov--ryied by Article IV of thi-, Ch,-,pter."
2. Secti.on 18-5 is licreby repealed.
3. There i- hereby enacted Article 117, of Cb-lpter 13,
Virgi.nia B--ach Ci-t:y Coci@, --,s follo7,7s:
"Article IV, C'Cari-table Solicilla-Lions"
'@cc. 18-30. Pi-,rn7,i.t -- Rcqui.-ed.
It shall bc uil--@7L-ul for aiiy or,,,,,.,.iiizatiorL, scci.0-ty,
ot corr@,oi:atiol.,, f)r for iiiy agenl-,-, m@-zabl-r or
tat.i.v(@ Llie@reof, to sol.ic4@@- proteertv o@ fiiiz-@iicicil issi.@tanc(@ of
aiiy kinJ, to sell or offur tc sell an,, article, t.@g, cervt@c(-',
Ptll)lication, ticlcc@", or
ariy of vil@ic on th(@ plec- or rc!l)i-esent@itioi-I @ucl-i
L,
or rolicitit:i.cn, or tlic ar(-@ fol., ,k
religious, r,,,ilriotic or pl-i.'Li,-,nt3.ir(II)ic purr@o.@,(,, on
iii itiy oL-.(-icc bu,:Lldiiig or Piiy of-@icr pu@.@lic
by hou@-,-@ tc, ','Iou-e o-' by
tlic city sucl-i
COI-j@0)-at-iort
witli of tlli.f,
Aii@, c. Ii Ii co)! r(@l. L),4 0,1@, !@oc i-k,
I't-olif@ 0,7 L@(,,r it@-.
( t)) Any -locl@il, p@,triotic, ctiltur@l or
tion4ii orl@,anization @,liic'i @olicito iL!3 0-@',-i
lucmllcr3 or fro@n its own
Sec 18-31. Sanic Apr)lic@,,Lion; infcl-o..-Ition lo be
A @,7.-iLtcn for l prr@iit to solici,@ for ary cau,,,(!
Whqt(!Vo-@@- Z'.G provid,-,d i,7.i S(@--tic)n 18-','O be -,@-lorn to aiad
with Lli@, City n@.it tli,-,n tlil-*,-Ly prior to tlo.
initi,qtion o@' the prol@,oscd ;OliciLation --iid Lc@n d,-ys prior to tlic
mQctinl- dale o-@ the Tlie a,),T)Iir-ation conr.,--iin
the fol..].o,,,,in,- in@1C.-rn--tioli:
(a) The na.me of th,, or,,ani.,,,atic-,i applyii,,g for a perinit
to soli-cit @nd the od@iress of tli@@-! hc@.idqi;.-,rll-ors in tlic, city, if
tlie organization is a ch--p-ler or otticr afi.iliate of an org@ini-
zation liavin, its p-@iiicipel o@Lfice outsiclc-. tk-to city, the nalqe
and add--css of the p-qrenc organization.
(b) Tlie niines and addl-@crcs of z@-11 o.@.L@iccl-o and dirc@cror:3
or trustees of the organization; name and city of residcncc of
all officers; clirectors or trustees of tli-- parc@.i-tt
if any.
(e) The purpose for which any rcc--ipt,@. dcrintc@d fro.,Ii sticl-I
solicitations are to be used.
(d) The name of the per-.o@i or by tho r(,ccipts
of rolic-l.tition sliz,.Il be if tlic! recc-,iptf, are
to i paren'l- for furtl,,-,r
Oii tli(@ mot:hccl@l, oi@
of zill fur@LI:7 @iii(i z,. dLL@,ii.c.-d 1-n,,l o'-
thc, 1, @-(@nt oril,@iiii@@iti-oii f(;r tl-ie. ye@@r.
(e) TI)c nad,o and of LI-to I)cr,,,(in or pc,r:;(@i-is
@lill I)c@ in (iii'V.CL tlii,,-,
(f) Ai-i of Llic ol: iii,,t-lic)(!,, L(-) I)t, ii-)
TI-ic I)C-riod @;lti-ch si@@Ix b(@
iiicluciii-ig ti-t@ dt@.c@s fc)r tli(@ bc@,,-,,;-rninl,,, and
oll- ;Ucll
(ti) Tiic, tot,;,-l of fun(-I,- prcpos--d to be raiscd.
(i) Tlie a,-Iot@rt of 'Ill
expcnoc.,; aiid co@-Itr, to b(@ or paid to -riyo-ne in corncct-4-or,
witli su,ll-i solic@l'c.@-i-l-'Ion, top@tli,-,r iiitli tl,.c, YP.,Inn(-r i,-l fur-1,1
wz.l@.es, f--cs, -,,n(i costs are to be
and thc of furids collE,--@tzd w'@.-icl-i are to be
uscd to p@iy su-.Ii e.,@yLiises of solici'@-,,-,tion anl collectior,.
(j) Ti-,e n@,rie- o@@ --11 offic,--rs, d@Lrectors or trustec@s prco(!Ilt
iqheii the decision@-I werc in@-da in to subsec't-.iors (11) and
(i) above.
(k) A dc-,tiiled and complete fin-Inci,,@-I statei,.en'L- for tlic
fi,-ctl yc!ar of a,@iy funds callec"ed for tl,-ie ptrpot;o,,,,
out iii Scction 3 by the or,,,Ianizati.oii or pc-,rsor@s seelcinl-l zi
for ;t,,cli solicitation, @aid statement giviii, tlic-, aliiourit of-
so rai.sed, togethc,r N,7ith the co.@;t of it @zi-id tlie fi.nil
di.@@t:ri,L,il,ti.on ttiereof.
(1) A ftill. st.,.ite@ii(@iit of th(-, cliir--cter ;ii@id extent: of the
ch,irit,)I-)].c, ediicait:ionol or l@,orl,, (.Ic)n,-@ ))Y
wi,'Iliiii tl)c@ cit), tli.kri.li,, chc pre-
ce(lin,, ycztr.
(Til) If tll(l zppli--z-tlit is a l (,,.tliv
it,,; of
I)roc@f o@-
(0) 3ticli otlicr I)y
E,,illy tlic!
an(] o)- tl,.,-- p::Opoi-,,@d
Tlie b,-- -,rd swo-i:i-i to by t@,e
on C)A@f'@cer t:o 3-1
a by a of t@it, fir-,I; if a corl-,o@-4ition, C)--U!l,,t
or I-)y of it3 of@.icers or trur'l-cc,.-.
Sec. Investig-oti-on; ccindit"ort,,; o@
certification to City
Upon r c ci @1) -- o-@- --n -r)ltlic--t:-;,-on -@s provided in Sectioi-i 4,
ttic-@ Cil.y or ceu@.c to be such
,i y in regird tlicrcto. As a
by Fc 'e- -@d
of its invc3ti.--,Ilioii and actic)n the City
is"311,2 'l p @ill ot!,-,,r prov@,-.,,@ion,; of thi- ch,?,Pt,,r
arc wi-@h ind on,-- or irore of Lba
is foLLn! to c@:4@st:
(a) Tliat one o,.- rore of the statemr@nts Tnade iii the zl)pll,'.ca-
tioil !.s n(.)t true;
(b) Ttiat the applicant is nc)t a resici-1,@ibic! pert3oll of
@,ood and for atiti or i,r,
til(@ Zil)l)lic@'tl)t is noL an p(@rson, Lli,-tt officer ()I.,-
agcjit of tlie applicaiit is n@3t a of
t(ir rep@tt@.Itiol for tic-;,.c!sty lrd illt(-,,Irit:y;
(c) Tli"t tl-ic@ c(,P.Lrol ,iid --rvi:,ic)n o.i@ on
of tli@, @7i@Ll ncit 1),@ i-in(l@,,-
(d" Tlizllt L:Itc! is or t
ii
C,)iL of@
y
tli(@ dat(@ oE- @ipi)licl-Lion b,@eii in CC tll(@
gro@,@:3 ainour-,t
Tli:lr ti-ic@ cosc o4@7 br--@
in to Lli@-, cxl)4@@ct(@d to bo- Any suf-@h
cost in of l@erc@iit- o@@- tlie 'Imo-Lint cc)llcctcl
be d(-c:-i,,-@d to be --Peciil f.,2ctf; c)r
arc prc-,sci,,-cd t-@at z, CO,'-,L t@,ent-y
not unreasonal)!.(@.
(h) That slicti wil.1 be in--ozri tibic -.,itil tl-i,-
protect4-oii of tli,- health, life, or
moral,; or- tlic cl-tizcr.-- of the city.
Sec. 18-3@). Sa:,,i-- -- Dur-,tion qnd-
Tlic Cil@y detcrmi-o from applieLIl-ioii ird
froin such facts as riay be davelope.@' in cciir,.ccticii w@Ltli @,ucli
cation tlic perioei of activc,,- solicitation for i@hicti rucl,
stial.l. be al-,p.-ovcd ani gr@,@nted; providcid, th@-@, @uch pc.,rio,.i rh@@ll
not c,.,;eccd th--ec calend@ir nionths; eiid the Citv
the for skicli I)criod; proviclcd, tliat tii)cl'l
,Ippli(. i-i
-@iL:io , irfor,.naticn or as it ri,.ay dccm
safel,uzird ti).e itit:orcr@t,,, of t:hc publlc an@l c,@,rry oijt tli(-' pt,rpo:.i(,.,@,
of tli-Lr; cli.@tlitcr, tlic City slc@ii
Pf@ritiit f,)I: peciocii:, not t:o ttir(.@c
S(@e. 18-:31@.
Ati))
o
I:)e CI)@@ C.Lt:y
uf),)n Or Lli@CIII OIV,,L
I I v 1: J t- i@ cl r-I 11 c, C i- t7. y )l,-, r i;:,,i i i t , I ii I I L f.) r,
rc, ird to tlio or 11j",
uiitr,ic
untru,@ tl,,.O. Or viol@@,,tCd t',
of 5, o-,c- tl,,,-t in any oti-,cr @,7,.,y tl,c,-
tiorL h@,.i; bccii (.,r is bciri@@@ con(,uct@d in a
in,'-rkic@@ I t:o tlif.,, life Ifld
t'ti@ o-@ tl,-Iz ro@-. in confo@,-aity N'Iitll
and p@irpos- of this or rep,,-c,,s(-,ntin@, in ,)iiy xt;,@y tli@,it
any gr@,.r@tf@d ir. in of
tion, tlicii it bo- tlic duty of the City to rev-,)kc@
t'Ll(! pro%@i cid, tli.-it before -iny pcrmi.t is r(-@v,)I,.ed,
tll(! (;i@ty tI.@ p-,rmit: holder hou,@-n
noticc iii wr4l,,,ing -@ha-, a hear4-ng is tc) be h--,l an(I thzl-- at tli,,
tlie Cil@y sliall ascert',@@,n t,-,c fact@,, aiid if --iiy
,ibc@v(.@ @@et fi-rtli for i:r-,voki-Lig thc, I,)eniait ar.(@ "@-ound to
exi,,it, t:ll(@ p,-rniit shill b-C r(--,vol@ecl.
solicitatioiis colp@ri,.ssion.
An appeal fro.:a any act of the City Yi-,@nag--r in granting,
refusing or revol.@iTir, -ny rierini.t m@,y bL, rnz,,-ec! to Llic,- Ci-ty Couticil
in @qril:l.n,,, not ILss thc,.n ten d.-,-ys @,ucli act@*-,)Il; pro-
vi(-I@d, h(,ijover, that persoiial appearareci Liny be rqade b@fo-ce tli,-,
Cit:y Council at the tit-ae tlie i,,, revi(@%@@c@.d by t'i(@ Couilei.L.
Stio.h it-i writing bc deli-vcrc,-d to tlic City CIQ;rl,l
iii ttin (1,@.ty,; the acti4)n o.C thc C@Lty
z,,.ction of, t@ti,@t Ci-ty i.n c)r
p(,,rr,tit
Rc;)ort,@ @.o b@-, fi@Lcd.
Al 1. 03-
to (:icy c tli,!
tit(! ;@iiii-)unl@- I)Y LlIC2
tlic
t(@) riiy 13
of- tlic-
o@E I)y
Lil-- City fo- f,@-Ii.n,,
of c,ic2 rf,!po7--,: r cui-r,,2(!, by f-.or @@ii
of d@,iy:,, tip,,,n prc)of till@,t ti-1c, fili 0,
SI)CCi-@-jed N:jll orl Lti@, por@,,@it
liold,@r. Tlie pc@rri@,t tioldcr l@, e to thr@ City
lia,il-L@Cir Cr to a'@'IY 't, 0 il'i 1,7ritinll I y a, Iiis
for s,-lcll al., boollr,, rc!coi,-,-4!,n and pal)ers
the acct-,r,-,cy of tl-',2 r(@lort rcq-@iirc-@d by tliif,, sec,lioli r,-ay
be checked.
f')cc. 3.8-38 . -!rid so-licitor- foi-
sol.icitation p, 2:niit @l (
01 7(:rs.
All persons to whom pc-,L,,i l-,v- -,,n issuod undor this
@ ts I . C 1, C
cl'iat@lto.@r sli@tli ftir-,iish prc)plir to tli,-,Ir
SOlicitors X:or such solicitation. Sucti Ci.-LClellti.,il-s stiill iii-
clt@'le the n@ime of the permit liolder, tti(.1, dat(,,, a C.(-,-.tc@i@iont
deserl.bii-t,q (:he holder'@@ cliar@Ltable act-i-vi,,-y, a of-
tlic, purpos(i of the solicitc,-ic;,,,
I , tli(@ of pt@!rriit
hol(.Ier or of-7 tli(@ holder's chi(-@f e)cectitivc.@, oL@@-icer, ail,l tll(@
al,c, se),, and sigTl;ltu):e of Cli,- roli,c:tor tc)
cr(@(((L@jiti-al@'; z,@rc., i,@siied and ttiu p(@ric(i of til@l,@
is clut:lio,-i,,cd ro c)f' i-h(@
0 [-I @@; [l;, I0 10 j. t i@, i i c' ,rii yr;, , ;, , ,: ,
I)y
C(-;!-,y 0.1@
to ;,II t('
i t
tio ill,(@iiL or @;oli@civol. co"
of
of 41
f,)I- ti-ic ov,.-@--t "Ict@,-:; (J-r- Iiis
rlcll Sol-I.cit-,tion.
Sc!(,. ],P)-40. @,.tbli-c
C-. t@, @f Iial l f-* 1,1 (@SCLI icat: ii i',Or ch:l -i t@ b ic!
in @'cction 4, to,@-
all r(-,po7.-tp, is pL-ovi@,@d fc,,r in Secr-@.o,.i 11
aiicl sucLi wri'@-teri no'cicq cl@ a,,)p,,.-ov@-I of pcrr.,,it ti,,(, City
as prov,*,(',c-d fo,7 in 5, ilr,,o suci-i @,.7riLt-on fi,,din.,@-
otiL of any invcsti.,,.t;oll by (:Iic,- M-in,,.Lcr, for in
SecLioii 5; and, ul)on rcques-L of --ny irdiv@@du-@'.., tli(-@ City Clerk
sliall produce such aforemanti-on'-@d for irispcvtion.
Sec. 18-41.. Ce,-tain me-Lhod,@ of solicita'Lic)i,, I-roliibitf@d.
The followin-, -,nathods of 'Iolicit,-',-Lion ire be
proh-@-bite(i witliin tlie city:
(a) Solicitations by teloplione by persone,, er@ipl-c))rcd an(i
paid priinarily for that pur,)ose, exc(@pt of s@ilvzil,)Ie pl-op,-,rty.
(b) Solicit@itions by chil(ir.,@,l und,@r foiirtec!n yc-.,..irs o@@
ai,,e except @,7here both of the followin- CXj-t3t:
(1) The childrcii are of tli,-,
wlic),,;(:! be@lic,,fit the solicit,-tion i,-- iTiid(,; and
(2) All fuuidt3 so
;ir(, t:o ])C- ,j,-iulzlrily for th@ di-,c.(,t
by of-, CoLk) oi@- ol7
Illic,ii eacii ()i:
Ci C II @@ E@; ol @1(ii @;(.Ll Of tl 3fi@
I)ol;-. ol-
@y lit: o": o i t Ii,
I
or af- 4
to pici@
U',@ each b(,,@. or
a,-i (,l
(4) WI@(,-@l t@ in. the
solicitatioi-, iri c-,-, t I r
(5) 14t,.er. ou,@ii th@n a
of o,- he
mus,,- accoi,@rit.
ITEM #2126
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 of
Virginia Beach, on Monday, March 9, 1970, at 2:00 o'clock P.M-
on motion by Mr, Marshall, seconded by Mr, McCombs, and by recorded vote
as follows:
Ayes: Mayor Frank A, Dusch, Vice Mayor Robert B. Cromwell, Jr., Albert L.
Bonney, Sr,, George R. Ferrell, D. Murray Malbon, Lawrence E. Marshall, John W.
McCombs, J. Curtis Payne, Earl M. Tebault, and Kenneth N. Whitehurst.
Nays: None
Absent: G, Dewey Simmons, Jr.
the following resolution was adopted:
R E S 0 L U T I 0 N (R69)
WHEREAS, the beaches of the Chesapeake Bay and the Atlantic ocean provide
recreation for the citizens of Virginia Beach and their visitors; and
WHEREAS, it is desirable that the use of such beaches not be harmed by
underwater obstructions; and
WHEREAS, the waters immediately adjacent to the beaches are heavily used by
sport fishermen and srnall boat operators; and
WHEREAS, it is the opinion of this Council that the erection of fixed fishing
devices requiring the use of poles in the waters adjacent to such waters would be
harmful to the recreational activities as set forth above
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA:
That the Council of the City of Virginia Beach requests the Commissioner of
Marine Resources to issue no permits for fixed fishing devices within the City of
Virginia Beach along the Chesapeake Bay and Atlantic Ocean within 400 feet of the
low water mark; and
BE IT FURTHER RESOLVED, that the City Manager is requested to communicate
the desires of this Council to the Commissioner.
ITEM #2127
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 of
Virginia Beach, on Monday, March 9, 1970, at 2:00 o'clock P.M.
On motion by Mr. Ferrell, seconded by Mr. Bonney, and by recorded vote as
follows:
Ayes: Mayor Frank A Dusch, Vice Mayor Robert B, Cromwell, Jr., Albert L.
Bonney, Sr., George R. Ferrell, D, Murray Malbon, Lawrence E. Marshall, John W.
McCombs, J. Curtis Payne, Earl M. Tebault, and Kenneth N. Whitehurst,
Nays: None
Absent: G, Dewey Simmons, Jr.
the following resolution was adopted:
R E S 0 L U T I 0 N (R70)
WHEREAS, certain parcels of property were acquired incident to the construction
of Independence Boulevard in excess of needs of the City; and
WHEREAS, these parcels have now been appraised; and
WHEREAS, it has now been considered suitable to allow the abutting property
owners to purchase said parcels,
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA:
The City Manager is hereby authorized to execute a Deed of Bargain and Sale
as to the said parcels, upon the tender of funds equal to the price of said
property, plus the cost of the appraisals.
ITEM #2128
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 of
Virginia Beach, on Monday, March 9, i970, at 2:00 o'clock P,M,
On motion by Mr. Bonney, seconded by Mr. Marshall, and by recorded vote as
follows:
Ayes: Mayor Frank A, Dusch, Vice Mayor Robert B. Cromwell, Jr,, Albert L.
Bonney, Sr,, George R, Ferrell, D. Murray Malbon, Lawrence E. Marshall, John W.
McCombs, J. Curtis Payne, Earl M. Tebault, and Kenneth N, Whitehurst,
Nays: None
Absent: G, Dewey Simmons, Jr,
the following resolution was adopted:
R E S 0 L U T I 0 N (R71)
WHEREAS, LuMarRo Development Corporation conveyed to the City of Virginia
Beach, Virginia, certain parcels to be used in connection with the establishment
of an industrial road; and
WHEREAS, Parcel B so conveyed is not required by the city in its entirety.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA:
That the City Manager is hereby authorized to execute a deed reconveying
the unneeded portions of the land conveyed by LuMarRo Development Corporation,
back to said Corporation,
ITEM #2129
On motion by Mr. Ferrell, seconded by Mr. Marshall, and by recorded vote
as follows:
Ayes: Mayor Frank A, Dusch, Vice Mayor Robert B. Cromwell, Jr., Albert L.
Bonney, Sr,, George R Ferrell, D. Murray Malbon, Lawrence E. Marshall, John W.
McCombs, J. Curtis Payne, Earl M. Tebault, and Kenneth N, Whitehurst,
Nays: None
Absent: G, Dewey Simmons, Jr.
the following resolution was adopted:
R E S 0 L U T I 0 N (R72)
WHEREAS, on January 21, 1970, a marine disaster resulted in the breaching
of a major section of the Chesapeake Bay Bridge-Tunnel; and
WHEREAS, the severance of this vital link with the Eastern Shore of Virginia
and the areas to the North, threatened serious loss to the City of Virginia Beach
if not promptly repaired; and
WHEREAS, Tidewater Construction Corporation promptly mobilized a repair
force; and
WHEREAS, in the face of adverse weather conditions, this repair force ac-
complished the restoration of this vital highway I nk in a remarkably short time.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA:
That the Council of the City of Virginia Beach congratulates the Tidewater
Construction Corporation for its outstanding performance of a difficult task.
BE IT FURTHER RESOLVED, that the City Manager is hereby directed to transmit
a copy of this resolution to the President of the Corporation,
ITEM #2130
On motion by Mr. Ferrell, seconded by Mr. Marshall, and by recorded vote as
follows:
Ayes: Mayor Frank A, Dusch, Vice Mayor Robert B. Cromwell, Jr., Albert L.
Bonney, Sr., George R. Ferrell, D. Murray Malbon, Lawrence E. Marshall, John W.
McCombs, J, Curtis Payne, Earl M. Tebault, and Kenneth N, Whitehurst.
Nays: None
Absent: G. Dewey Simmons, Jr
the following resolution was adopted:
R E S 0 L U T I 0 N (R73)
WHEREAS, the unfortunate accident on January 21, 1970, which resulted in the
severance of the Chesapeake Bay Bridge-Tunnel caused extreme hardshtp to residents
of the Eastern Shore and the City of Virginia Beach who relied on.this vital road
link; and
WHEREAS, there existed no stand-by means of transportation to@alleviate this
hardship; and
WHEREAS, the United States Navy responded generously to this crisis by
providing interim air and surface transportation to assist the affected citizens.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA:
That the Council of the City of Virginia Beach hereby expresses its sincere
thanks to the United States Navy for the generous assistance provided in time of
acute need.
BE IT FURTHER RESOLVED, that the City Manager is directed to forward copies
of this resolution to the Honorable Thomas N, Downing and to the Commandant,
5th Naval District.
ITEM #2131
On motion by Mr. Whitehurst, seconded by Mr. Tebault, and by recorded vote as follows:
Ayes: Mayor Frank A. Dusch, Vice Mayor Robert B, Cromwell, Jr., Albert L. Bonney, Sr.,
George R. Ferrell, D. Murray Malbon, Lawrence E, Marshall, John W. McCombs, J. Curtis
Payne, Earl M. Tebault and Kenneth N, Whitehurst.
Nays: None
Absent: G. Dewey Simmons, Jr,
City Council approved the appropriation of $740.00 for the purchase of summer uniforms
for ten jailors, in confomance with new regulations for penal institutions.
ITEM #2132
On motion by Mr. Bonney, seconded by Mr. Ferrell, and by recorded vote as follows:
Ayes: Mayor Frank A. Dusch, Vice Mayor Robert B. Cromwell, Jr., Albert L. Bonney, Sr.,
George R. Ferrell, D. Murray Malbon, Lawrence E. Marshall, John W. McCombs, J. Curtis
Payne, Earl M. Tebault and Kenneth N, Whitehurst.
Nays: None
Absent: G. Dewey Simmons, Jr,
City Council approved the use of plastic sewer pipe on the Cavalier Yacht and Golf
Club project for demonstration purposes,
ITEM #2133
On motion by Mr. McCombs, seconded by Mr, Marshall, and by recorded vote as follows:
Ayes: Mayor Frank A. Dusch, Vice Mayor Robert B. Cromwell, Jr,, Albert L. Bonney, Sr.,
George R. Ferrell, D. Murray Malbon, Lawrence E, Marshall, John W. McCombs, J. Curtis
Payne, Earl M. Tebault and Kenneth N, Whitehurst.
Nays: None
Absent: G. Dewey Simmons, Jr.
City Council approved the transfer of $1,025.00 from Account #9010-116 to Account
#9010-830 for the purchase of a boat trailer for the Police Department.
ITEM #2134
On motion by Mr. Payne, seconded by Mr. Malbon, and by recorded vote as follows:
Ayes: Mayor Frank A. Dusch, Vice Mayor Robert B. Cromwell, Jr., Albert L. Bonney, Sr.,
George R. Ferrell, D. Murray Malbon, Lawrence E. Marshall, John W. McCombs, J. Curtis
Payne, Earl M. Tebault and Kenneth N, Whitehurst
Nays: None
Absent: G. Dewey Simmons, Jr.
City Council reappointed Mrs. Roger Oberndorf, Mrs, R. J. Vellines, and Mrs. Margie
Shirley to the Library Board for three-year terms.
ITEM #2135
On motion by Mr. Payne, seconded by Mr, Malbon, and by recorded vote as follows:
Ayes: Mayor Frank A. Dusch, Vice Mayor Robert B. Cromwell, Jr., Albert L. Bonney, Sr.,
George R. Ferrell, D. Murray Malbon, Lawrence E Marshall, John W. McCombs, J. Curtis
Payne, Earl M. Tebault and Kenneth N. Whitehurst,
Nays: None
Absent: G. Dewey Si mons, Jr.
City Council approved the following ordinance,
ORDINANCE NO, 280
AN ORDINANCE TO ESTABLISH A PUBLIC INFORMATION OFFICER
WITHIN THE OFFICE OF THE CITY MANAGER
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH That there is
hereby enacted Division 3, Ayticle XIII, of Chapter 2, of the Virginia Beach City
Code, as follows:
Section 1. Public Information Officer,
There is created, within the Office of the City Manager, the position of
Public Information Officer, The function of the office is to gather information
with respect to the resources, advantages and activities of the City of Virginia
Beach and carry out such programs of public information as may be required, assigned
and/or prescribed by the City Manager, The Public Information Officer shall be
responsible to the City Manager in the performance of his duties.
ITEM #2136
On motion by Mr. Ferrell, seconded by My@. Cromwell, and by recorded vote as follows:
Ayes: Mayor Frank A. Dusch, Vice Mayor Robert B, Cromwel@, Jr,, Albert L. Bonney, Sr.,
George R. Ferrell, D Murray Malbon, Lawrence E, Marshall, John W, McCombs, J. Curtis
Payne, Earl M. Tebault, and Kenneth N, Whitehurst
Nays: None
Absent: G. Dewey Simmons, Jr,
City Council approved the following Ordinance,,
ORDINANCE NO,-281
AN ORDINANCE TO ESTABLISH THE DEPARTMENT OF
COMMUNITY SERVICES ABOLISHING THE DEPARTMENT
OF PUBLIC WORKS AND THE DEPARTMENT OF PUBLIC
UTILITIES AND REPEALING ARTICLE VI, SECTIONS
2-71 THRU 2-84 OF THE CODE OF THE CITY OF
VIRGINIA BEACH,
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH:
That there is hereby enacted ,eplacement Ar@ticle VI, Chapter 2, of Virginia Beach
City Code, as follows:
Section 2-71, Establishment of Office of Director of Community Services;
duties generally.
There shall be a Director of Community Services, whose duties shall be as
such as are prescribed by Charter, Ordinance, or by order of the City Manager.
Section 2-72. Division (s) in the Department of Community Services.
There shall be, within the Department of Community Services, the following
divisions:
(1) Engineering Division which, subject to the supervision and control of
the Director of Community Services, shall be headed by the City Engtneer, who shall
b6 a civil engineer, Who sha)) have a thoough knowledge of municipal engineering
and shall be Cha@ged w-,Th maintaining official t@e(hnical ,@eco@ds of all streets,
highways and uthe, publ,c p,opeties, including utility @ines on city properties;
providing engineefing plans, d-dwlngs, spe(@f,cations, and supervision for all
(onsteuct,on and maintenan(e Wo@k whe@e -equi-ed; pro,,iding and/or reviewing all
techn,cal nfo,mdtion to@ (ontacts subm,tted toy pub@@@ wo,ks and public utilities
ope,ations or (,onsteuct@on; @e@iewing tIo@ app@oval plan@ and spec@fications, plat
plans and maps to( vecod@.tion of subdi.,@)ons and othe, bui@d@ng projects, either
o, both; providing enginee@,ng se,@i(,es and supe,@,i@'on to the Cty of Virginia
Beach as may be presc!lbed
The City Su,veyo, shall se,@@e With@@n the Eng;nee,@ng D@vis@on and shall be
subjer-t to t,he supe,@@s,on and Ontlol of the City Engpnee,, and shall be charged
with the asce,tainment, t xing and mae@kirg ut l,nes of steets, a)leys and the
bounda,@es of @ots, eego@ation of party walls and partition fences and matters
,elated the,eto and SUc,h othe, d!;tles as may be @equ?,ed, ass@gned and/or prescribed.
t2) Highway D@ ision wh@(,h, subje,.t to the supe-.lsion and control of the
Directof of Community Se,v,(es, shall be headed by the H,ghway Engineer who shall
be chaged with the responsibility to@ the const@uction, improvement, repair and
use of streets, al@eys, lanes, b,,dges, @@ad-icts, and othe( public highways, and
mattees elating the,eto and such othe, doties a5 may be @equi(ed, aSSigned and/or
plesc(lbed
(3) Sanitat,on D@,Ts,on whi,,h, si;bject to the supervision and control of the
Divectof of Commun@ty Se,,v,ces, shall be headed by the Santat@on Engineer who shall
be cha,ged with the (esponsib,)ity to, the lean@ng ot st,eets and pub)ic places,
@ncluding beac,hs, and the (-o)lection and disposal of garbage and waste, public and
private confo(mance with the san@tation eg(@lations of the city and such other duties
as may be equi@ed, assigned and/of p,es(,Ibed
(4) Inspect@on Services Divis4on which, subje(,t to the supervision and
conty,ol of t,he Di,ectoe of Comminity Seyvices, shal) be headed by the Inspections
Engineee who shall be responsib)e foy all matte,s perta7n@ng to and the enforcement
of the Bui)d@ng Code, P)umbing Code, Electeical Code; administrati,on and enforce-
ment of Zoning Ordinances, @nc)ud@ng the ordering in writ@ng of the remedying of
any condition found in violat@on of the oed7rances, and the binging of legal
act,on to @nsure compliance with the ovdinance @ncluding injunction, abatement and
other appopeiate actton of p,oceeding; and all other dut@es as may be required,
assigned and/or prescribed, There shall be within this Division a Building Official
and Zoning Enforcement Off@cer,
Police powers are hereby conferred upon the Building Official and the Zoning
Enforcement Officer andior designated deputies or assistants while engaged in
performing their duties, and they shall exercise all powers and authority of police
officers in performing such duties,
(5) Public Utilities Division which, subject to the supervision and control
of the Director of Community Services, shall be headed by the Public Utilities
Eng neer who shall be charged with the construction, opey@ation and maintenance of
the waterworks system and the sewer@s and sewerage disposal and such other duties
as may be required, assigned and/or prescribed,
(6) Office of Real Estate which, subject to the supervision and control of
the Director of Community Services, shall be headed by the Real Estate Agent who
shall be responsible for all matters related to such office and which may be
required, assigned and/or prescribed.
Section 3, Repeal,
Article VI, Sections 2-71 through 2-84 of the Code of the City of Virginia
Beach are hereby repealed,
Section 4, Effective Date,
The effective date of the ordinance shall be duly 1, 1970,
ITEM #2137
On motion by Mr,, Whitehurst, seconded by Mr, Malbon, and by recorded vote as follows:
Ayes: Mayor Frank A. Dusch, Vice Mayor Robert B, Cromwell, Jr,, Albert L. Bonney, Sr.,
George R. Ferrell, D, Murray Malbon, Lawrence E Marshall, John W,, McCombs, J Curtis
Payne, Earl M, Tebault, and Kenneth N Whitehurst,
Nays: None
Absent: G. Dewey Simrnons,
City Council appfoved the following rdinance,
ORDINANCE NO. -282
AN ORDINANCE TO ESTABLISH THE DEPARTMENT OF
ECONOMIC DEVELOPMENT AND TO REPEAL CHAPTER 4,
ARTICLES I AND II, SECTIONS 4-1 THROUGH 4-9
AND SECTIONS 3-22 THROUGH 3-25 OF CHAPTER 3,
ARTICLE III OF THE CODE OF THE CITY OF
VIRGINIA BEACH,,
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH@That there is
hereby enacted Article XIV, Chapter 2, of the Virginia Beach City Code, as follows:
Section 1, Duties of Director of Economic Development.
There shall be a Director of Economic Development whose duties shall be
such as may be prescribed by Charter, Ordinance, or by order of the City Manager.
Section 2. Divisions in Department of Economic Development.
There shall be within the Department of Economic Development the following
divisions:
(1) Tourist Development Division which, subject to the supervision and
control of the Director of Economic Development, shall be headed by the Tourist
Development Coordinator who shall be charged with the following duties:
(a) Solicitation of conventions and tourist attractions and promotion
of activities required to promote and develop the tourist economy.
(b) Operations, maintenance and management of the Civic Center and
facilities and the administration of affairs therein, including but not limited
to establishing reasonable rules and regulations pertaining to the use of the
Civic Center and the enforcement thereof.
(c) Analyze operational cost of the Civic Center and recommend fees and
other charges for the use thereof for approval of the City Council.
(d) Improve, extend and enlarge the facilities of the Civic Center
property, with approval of the City Council.
(e) Authorize the sale of, under such terms and conditions as shall be
approved by competent authority, food, drinks, confections, novelties, programs
and other articles and merchandise usually dispensed in the operation of the
Civic Center,
(f) Operate Civic Center parking facilities upon such terms and conditions
as may be prescribed.
(g) Prepare and submit a report after the close of each fiscal year of
the activities, policies and financial condition of the Civic Center, which report
is to be transmitted to the City Manager who shall transmit same to the City
Council.
(h) Any other duties which may be required, assigned and/or prescribed.
All monies received from the operation of the Civic Center and related
operations during each fiscal year shall be paid into the general fund.
(2) Industrial Development Division which, subject to the supervision and
control of the Director of Economic Development shall be headed by the Industrial
Development Coordinator who shall be charged with the following duties:
(a) Industrial and commercial solicitation and location.
(b) Coordinate and develop the city's industrial parks and facilities in
conjunction with the Industrial Development Authority.
o Rudee Inlet.
(c) Develop port and inlet facilities, including but not limited t
(d) Promote the development of airport facilities.
(e) Other activities as may be required, assigned and/or prescribed to
improve the economic development of the city.
Section 3. The Director of Economic Development and his staff shall provide
assistance to the Industrial Development Authority in its economic development
activities.
Section 4. Advertising Program.
The Department of Economic Development, under the direction of the City
Manager and the Director of Economic Development, with necessary staff assistance,
shall develop an advertising program and shall have authority to expend for
advertising and publicizing the city and its resources and facilities such funds as
the city may appropriate for this purpose and to receive and expend for advertising
purposes any funds received from other organizations for such advertising purposes.
Section 5. The City Council may recognize a Citizens Advisory Committee to
serve in an advisory capacity to the Department of Economic Development. Upon
recognition by the City Council, such self-appointed committee would advise the
Department of Economic Development as to its programs and activities for economic
development within the city.
Section 6. Chapter 4, Article I and 11, Sections 4-1 through 4-9 and
Sections 3-22 through 3-25 of Chapter 3, Article Ill of the Code of the City of
Virginia Beach are hereby repealed.
Section 7. All contracts and rights heretofore created or entered into
pursuant to sections of the Code hereby repealed are continued in full force and
effect and are assigned to the Director of Economic Development.
Section 8. The effective date of this ordinance shall be July 1, 1970.
Mr. Glenn McClanan appeared as a citizen in regard to the voting at the General
Assembly on t e constitution revision, particularly Section 60 as regards the
wording "lottery." He suggested that a committee be organized to prepare material
for the General Assembly to pass an authorization-type law authorizing local option
of certain types of activities on a local option basis. He suggested the following
as possible committee members:
The Chamber of Commerce, Innkeeper's Association, representative from Aldo Farms
Activity, Mr. Richard B. Keely, Mr. Sidney Kellam, Mr. V. A. Etheridge, member of
Mr. Malbon's family, Mr. Caton, Mr. Guy, Mr. Middleton, Mr. Russell Hatchett, repre-
sentative from the Virginia Beach Development Council.
Mr. McClanan also stated his opinions on a water system for the City of Virginia Beach.
Mr. Grover Wriqht appeared in regard to the Rudee Inlet matter and requested that
City Council should not approve subleases until the investigation is completed.
Mr. Scott stated that the report on Rudee Inlet Development from the time of inception
to date, will be completed at the earliest possible date,
On motion by Mr, McCombs, seconded by Mr, Marshal , the@meeting adjourned,
F kF@
- City of Virgin a BeaCh,
Virginia
March 9, 1970