JANUARY 26, 1970
C\
MIN[ITZ,'S O@' THE IIONOT?,4BLIP CIT.Y COIJ@ICIT,
OF THE
CII'Y OF VIRGIN.Tll "EACII, VIRCIP71A
January 26, 1970
The reguzar meeting of the Council of tlze City of Virginia Beach, virginia, was
heZd in the CounciZ Chambers, in the Admi?iistration BuiZding, in the Borough of
Priiicess Anne, on P4onday, Tanuayy 26, 1970, at 10:00 o'czock a.m.
CounciZmen present: Ilayor Frank A. Dusch, Vice P!ayop I?obert B. CromweZZ, Jr.,
AZbert L. Bonney, Sr., George T?. PerreZZ, D. Murray l,aZbon, rawrence E. AIarshaZZ,
John W. llcCombs, J. Curtis Payne, G. Dewey Simmons, Tr., EarZ @'. TebauZt, and
Kenneth N. Whitehurst.
CounciZmen absent: None
The invocation was given by I?everend 11. A. White of the Charity !,Iethodist Church.
On mot@n by Mr. Bonney, seconded by 14'r. Simmons, and by unanimous vote, City
CounciZ approved the Pinutes of the meeting of January 12, 1970, and the reading
of said 14inutes dispensed with, inasmuch as each Councilman had a copy of said
Minutes before him.
-T.TEM #077 motion by Mr. TebauZt, seconded by Mr. P!cCombs, and by unanimous vote, City
2 CounciZ approved the appropriation of @125.00 for the City's share of a salary
increase for 14r. RonaZd P. Hammers, on second readi@,7.
TTEI,l #On motion by Mr. Whitehurst, seconded by !@r. Bonney, and by unanimous vote, City
2028 Council approved the appropriation of @533,650.00 to the Bureau of Refuse DisposaZ
for operating costs for the fiscaz year ending June ZO, 19?0, and for a capital
outZay and site acquisition, on second readinq.
ITEM # Mr. Thomas BroyZes appeared before City CounciZ requesting a correction of a dedi-
2029 cation of right of way in the 14inutes of Octo@er 13, 1969.
On motion by Mr. MarshaZZ, seconded by Mr. Bonney, and by unanimous vote, City
CounciZ corrected Item #960 (appzication of the American Health Services, Tnc. for
a change of zoning and a use permit subject to City water and sewer, the require-
ments of the Site PZan Ordinance, and a dedication of right of way of twenty-five
feet (25') azong the three hundred ezeven and sixty-five hundreds feet (311.65')
more or Zess frontage on the southern property line for the proposed road as ap-
proved and adopted in the Great Neck Study.
17'El,l On motion by Mr. McCombs, seconded by Mr. Bonney, and by unanimous vote, City
2030 Cc)unciZ a[,pro?)ed the fol @ing rdinance appointing viewers reZativ6@ tl?(@ (?Io@@ing
of a portion of Old Pacif,@c Avenue in the Rudee TnZet Area.
OPDTNA@.,'Cj,, APDOTIT'.CII\'(',
T71TT'PT-,AS, the, of )@\DA TT,,7\T@,J-,P LAIT(-,T,.-Y @in,l @. A. l@,7\P7,-
]l,.-ivE,, (T,,tven (3uc .in(i r)ror)er notic(,, iii @ccor@,,in(,- i,7ith th(.
for -ucli ciscs ma(l@ ir)cl t)rovi(ie(l, thtt tli(,,,, ,7oul(I on thi@
(,,?V Inply to th(' Cit'/ COuncil of tlle City of \Iir(Tini,-). Boicli, @7ir-
ginia, for th, apt)ointment of Viov!err, to vi.(,,,, tl,(.,
PrOT)(,.rt@7 (inci rcT)O.I-t in iiri.ti.n(f tc) th(, (7otincil i-n tlic,. opin-
.ic)n nf iiiy, tnl if iny, x,7h,-it, i.n(-nnv(,ni-('.nC('.
rortion
()F Avc"'IICI, i-n T,ornu@Tli, Citv of @Tir(lirii
Vi-rqi-nil, Inrl 1),IV(, fil-lrl @,ucli AT)r).I-icAt---ion i,,.itj, th,
Council;
NOT,I, TTTE: T' 'O'r., Tll' -T.T O@T)ATNT,r) T3Y TITR, (',OIJNCII, OP T117 CITY
r
,)P
That C72arZ(,,@, Kizeu ,r. David Norm(zn and @@Ir. T,,Ior@7i Petty
,Ire berehy apnointo-(l t() ',il, tl,e bel.ox,7-describeci propfrty an(I re-
r)ort in @@,riting tO the Council on or before Fci)rupry 23, l@'-)70
1,7h--tllor i.n tlleir opinion any, and if any, o7hat, incnnvcnience wouic
reF,ti.l.t frr)m tlie O,-iscont-,i-nuincr, closing and vacatin of tliit cert,).ir
norti-on of Pacifi.c A@renue, locateo in the Borough of @7ircrinia Re,;,ic@,
Cit.,,, of @'irginia P(,-ach, virginia, and described as follo"Is:
BEGINNING at a noint on the lbrth side of Third Strcet,
53 feet 1,7estof Rudee Boiilevard, and froir. said point ..T
Deqinnina , 97.8 feet to a point; thence Tqest 5c fep_t-
to i I)Oint; thence South@,7est 106.3 feet+/- to a. point7
tl,ence East 84.5 feet+/- to the point of Beginnina.
SAID PROPERTY beina a nortion of Pacific Avenue, I-.)ein.Cf
forTn.erly used (no@,7 untised) as slown on tha,t certain Plat
entitl(,.d, OP Pp,-OPr.PTY,LOT,-, 4-5-6 & PARTS OF 2-3-
10-11-12-BLOCK D T,ocated Detween 3rd and 4th Strects,
Virginia Beach Borough, Viraini-a Beich, Va.," Scalc:
l@' = 50', dated Septemhr-,r 1, 19()7, ilacle -by T@T. P. (,allur),
Slirvevor.
I
On motion by Mr. ilocombs, seconded by Mr. Bonney, and by unanimous vote, City
31 Coun,,,il appro?,,@d tize foZZowing Ordinance appointing viewers relative to t7ze czosing
of a portion of Arctic Avenue in the Shadow@n Ileights area.
-O--R-DI--NA-N--C-E--A-PP-O-I-N--TI--NG --- V -1 -E 11-1 E-- -R S-
-----------------------------
WHEREAS, SYLBA CORPORATION, a Virginia corporation, has give]
due and proper notice, in accordance with the statutes for such
cases made and provided,thatit will, on this day, apply to the Cit,
Council of the City of Vikginia Beach, Virginia, for the appoint-
ment of Viewers to view the below-described property and report in
writing to the Council whether, in the opinion of said viewers,any
and if any, what, inconvenience would result from the discontinuin
of the hereinafter described portion of Arctic Avenue, in Virginia
Beach Borough, of the City of Virginia Beach, Virginia, and has
filed such application with the said Council;
OIZ')AIt@J@1) 2Y TTIE COUNCIL OF Tl'r, CITY Or
VIRGINIA BEACH, VIRGINIA,
That,
are hereby appointed to view the below-described property and re-
port in writing to the Council on or before 23, l)7u
whether in their opinion any, and if any, what inconvenience would
result from the discontinuing, closing and vacating of that certai
portion of Arctic Avenue, located in the Borough of Virginia Beach
City of Virginia Beach, Virginia, and described as follows:
THAT PORTION OF LAND, in Virginia Beach Bo-
rough, City of Virginia Beach, Virginia,be-
ginning at a point on the southwestern corner
of Fourth Street, also known as Winston-Salem
Avenue, and from said point of Beginning, One
Hundred and Fifty (150) feet South to a point;
thence East Fifty (50) feet to a point; thence
North One Hundred and Fifty (150) feet to a
point and Fourth Street; thence along Fourth
Street, Fifty (50) feet, to the point of be-
ginning.
SAID PROPERTY BEING a portion of Arctic Avenue,
undeveloped, as shown on that certain Plat en-
titled, "MAP OF SHORE ACRr--S, PROPERTY OF SHORE
ACRES, INC., VIRGINIA BEACII, VA.", made by Jno.
M. Baldwin, C. E., September, 1925, and re-
corded in the Clerk's Office of the Circuit
Court of the City of Virginia Beach,Virginia,
in Map Book 7, at Page 112.
On motion by ?lr. McCornbs, seconded by Mr. Bonney, and by unanimous vote, City Coun(.,iZ
approved the folzowing Ordinan,?e appoi@iting viewe2,s rezative to czosing a 12-foot
right of way Zoeated on the goutiz si(le of Denney Lane in t7ze EempsviZZe Cc)rner area.
------------------------------
ORDINANCE APPOINTING VIE'VIERS
--------------- ----------------
WHE-REAS, PEOPLE'S BANK OF VIRGINIA BEACH, a Virginia cort)or-
ation, has given due and Proper notice, in accordance with the
statutes for such cases made and provided, that it will, on this
day, apply to the City Council of the City of Virginia Beach, Vi
ginia, for the appointment of Viewers to view the below-describc
property and report in writing to the Council whether, in the op
ion of said viewers, any, and if any, what, inconvenience would
result from the discontinuance of the hereinafter descri]Ded Joi.nt
Twelve (12') Foot Right of @lay, in Kempsvill.e Borouqh, of thc,, Cit
of Virginia Beach, Virginia, and has filed such Application with
tlie sai(i Counci.]
OE" Tiiyl Ci, y
OF VTROITITA BEACIT, VINGINIA,
That, l@'7d Noyn,(, n a@7(i m@r l@71 7,,?,ttLl
are hereldy appointed to view th, bel-Oli-described prop,rt,@
port in writing to the Council on or before 23.
@ihether in their OPinion any, and if any, what inconvenie
result from the discontinuing, closing and vacating of thatcertai
Joint Tt,7elve (121) Foot Right of T,@Tav, located in the Borough of
Kempsville, City of Virginia Beacli, Virginia, and described as fo
lows:
THAT PORTION OF LAND in Kenpsville Borough,
City of Virginia Beach, Virginia, beginning
at a point on the South side of Denney Lane,
57' Northeast of Kempsville Road; tlience
Southeast 70 , to a point; thence Northeast
121 to a point; thence North@vest 70, to a
point; thence Southwest 12t to the Doint of
Beginning.
SAID PROPERTY BEING a Joint Twelve (12') Foot
Right of Way as shown on that certain Plat,
entitled "PROPFRTY OF CLARA D. FIAMILL-LORRAINE
DENNEY & VERA DENNEY, LOCATED IN KEMPSVILLE-
PRINCESS ANNE COUNTY, VA.", made bv l@7. B. Gal-
luP, County Surveyor, June
23, 1952, and re-
corded in the Cl(-,-rlc's Office of the Circuit
Court of the City of Virginia Beach, Virginia,
in Map Book 308, at Page 323.
ITFII On motion by l@Ir. Idar,-haZZ, seconded by Mr. CromweIZ, and by unanimous vote, City
,9033 CounciZ authori2ed the City llanager to execute a Zetter of understanding with the
Terry Corporation in regard to certain sewer Zines to be instaZZed in Pembroke
M@,adows. The import of the agrepment was that the City would recognize t7lat the
Ter.?,y Corl)oration wao signing under protest and that the City, should there be
Zater Zitigatio@2, wouzd not raize the defense of the statute of Zimitation.
On motion by 14r. FerreZZ, seconded by Mr. McCombs, and by recorded vote as folZow,-,:
034
Ayes: llayor Frank A. Dusch, Vice Mayor Robert B. CronmeZZ, Jr., AZbert L. Bonney, Sr.,
George R. FerreIZ, D. Murray AlaZbon, john W. @l(-Combs ' J. Curtis Ilayne, G. Dewey
Simons, Tr., EarZ ),V. Tebault, and Eenneth N. TilhitehilrEt.
IVot Voting: L@rence E. AlarshaZZ
City CounciZ approved submission of a BIZZ to the City's reprcsentativ(,s in the
Vi@(linia (,enoral Asseml)ly @;hi(-h wouzd empower the govcrning bodies of cities and
countiel- to require contributio@?s made 7zece,3sa2ly I)y thc,, SuZ)di?)isio7,i of reaz est(zte.
O@'i @170tio)? by Alr. Whitehu,-,it, se(-,o@ided by 1@ir. llazl)on, and Z)y zaianimous vot(.,, CiNy
0 1-1) Cou@7ci7, approved the folzowing a toLaZ of "97P,.;55.
TO: Mr. I]Lirry T. tfart,-Ii@tll, City Attorncy
Dat c
FROM: Mr. V. A. Etli(!ri(Ige, Tretsurer
SUBJI-'CT: AI)plicatioli for T;lx Refuiids:
Ilic foll.owiiii, tl)l)licat:ions for r(,ftiiid of ttxes tol@ililig
are cc!rtificd for 1),iynieiit, ,Is s(,t fortli bcl
V. A. l,'tlicridi@@ Trc@,istircr
'J'ickc!t
1,0: Mr. 11(iri-y 7. Ma,sliall, City Atto ley
I,-ROM: Mr. V. A. Ire(istlye7, Dale Jan. 16, 1970-----
,SUBJECT: Apl)lic(ilio;z for 2 ax R(@fi (1,@:
7'17,e folloiving al)l)zic(lliolzs foy rcftoz(l of lczxes iolaliiig $ .356. C-4
pay) iciil, as selforili bclow:
7
IL
-3
70
37 q 7 7-@
- - -i-c-T
ai Above
O@i moti()tl I)Y Alr. ll'cr,,3ha@Z, ococ,nd(,,(,l I)y iil'. and by una72imous 7)0t(,, @'7,t@f
2036 C,r)un(@@iz (zr)proz@(@d thc f(,,Zlo ing n PC,'Iatiie tc, putting ?@p pozit-z,,,az
boarc@,,@.
.The reguzar meeting of the CounciZ of the City of Virginia Beach, Vi@qinia,
wao liezd in the (@'ounciZ Ch(@mbers of the Administration ui7ding, of the City of
- Virginia Beach on lionday, ,Tanuary 26, 1,970, at 10:00 a.m.
On motion by Mr. MarehaZZ and seconded by Pir. Ilc.Coml)s, the folzowi@ig
resozution wao unanimouszy adopted.
R E 0 T V T I 0 N
WHEREAS, numerous cnadidates have Petitioned for the ezection of city
counciZmen@ and
WHEREAS, it is recogni,-ed that mary of these candidates d,?-,ire to pza,e
politicaZ biZIboards at various points throughout the City to attract the attention
of voters; and
WHEREAS, the Code of the CitY of Tirginia Beach prescribes a procedure for
obtaining the necessary permits for the erection of signs; and
- WHEREAS, these procedure,, require approxiniateZY sixty clayr, to be carried to
co7VZetion; and
WHEREAS, the CounciZ does not desire that candidates be unfairzy burdened in
their endeavor to seek ezection.
NOW TI],-6RL'rORI., BE -TT RESOLVR@,D By T E COUNCIL OF TIIF Cliy Op VTRG N A F
11 -T -T BACII,
VIRGINIA:
That the CounciZ interposes no objection to the erection of pozitical signs
without the issuance of a permit in areas other than re@@identiaZ, muzti-family, or
moteZ districts.
BE -TT L,-UPTIII,@,',, 1,ESOLVED, that the (,@ounciZ recogni.?.C',,q t7iat it can not by this
re@,olution waive the requirements cj' state @ with respect to the erection of
On Pub7ic py,operty or pubzic rights of way; and
L?E IT RL'SOIVLn, that it i,@ the dc8ir, f tliis CounciZ that any signs
- erected as a resuzt of this reso7utio72 be re?noved by the Priday after the (,-ompzetion
of the prirnaz@y ez,?ctio in April. @,7u,?,(-,oosfuz candi(lotes sh(277 be permitted to leavc
their sign- until the Friday af@ter the datc? of Ceneral, FZe(?tion, Tu7je 9, 19@0. A@?d
th(2t tho ta7,,(?
On niotion lY @,!i, 'iP@nons, scoo@ic7c?d I,,,j i4 @'lzlllon, and
PO,@7 (,Il)pro,),,d the /,ion f.czati,- vot(?, ('nuno!,Z
itnproveinent,@ y th-, tat , y tIL, CitY'@- i?z tiz,,, t(-)ta,@
1)(-,,Partmc?y@t. R
(("2(' t IV('OK c)(z(f, -1@clutc,' )15)
Tho regular meeting of the Council ol the CitY of Virginia
Beach$ Virginia, was held in the Council Chambers 0
Administration Building of t@e city of Virginia Bea f the
January 26, 1970 ch on Monday,
. at 16:00 O'clock A.M.
the fOn motion bv Mr. gimmozs and seconded by mr. p,@, I b,,,,
ollowing re-solution was unanimously adopted:
R E S (,c -@@)
WHEREAS, the Department of Highw-ys ha's indicated its
willingness to initiate the improvem,nt of Great Neck Road
(Route 615) in the City of Virginia Beacki; and
WHEREAS, the contemplated improvement is urgently needed
and is in consonance with the Southeastern Regional Master
Transportation Plan.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA:
That, the Department of Highways and the Federal Bureau
of Roads are hereby requested to program the surveys, planning,
acquisition of right of way and construction of the improvement
of Great Neck Road (Route 615) from Virginia Beach Boulevard to
its intersection with First Colonial Road.
BE IT FURTHER RESOLVED, that the City of Virginia Beach
does hereby agree to pay fifteen percent (15%) of all survey,
planning, right of way, and construction costs of said project$
and the necessary funds are hereby appropriated for that purpose.
AND BE IT FURTHER RESOLVED, that the City of Virginia Beach
agrees that if such project is established and Virginia Beach
decides at any time not to proceed further with it, then, by this
resolution, Virginia Beach agrees to reimburse the Highway Depart-
ment for 100 percent of the cost incurred for said project, up
to the time of its abandonment.
'o
r,,o
ol/ VO
on rnotio7z by whi t3hu-t, seconc,7(,,d by @ir. 1-fali)on, and by rec()r(7,(-Id vot,., fol 102@s:
Ayes: @layo2, Frank A. Du@,ch, Vice @layor Feobert B. Cronwcll, ir. -, IIZI)crt L. [3onne@y, S2,.,
Gco?lge /?. P'crrell, 1). 1,@urray @!a7bon'Joh@? W. 1@cCombs, J. Curtis P@fyie, G. [)c?,)ey
,girmnons, 7r., L@arl l@. Tebault, a@?d Kenneth N. W7itehurst.
Absent: LaL@rence I,,. @.lar,3hall
City CounciZ approved the transfer of $862.00 from Pe-serve for Contingencies to the
City Sergeant and City JaiZ Salary Accounts as foZZO&)S:
t' (Accourit #6032)
Ci' @er 'a"@.O. of City Sergeant
105 Impn. - $ 84
125 Compensation of Dep@ty City Sergeant's 329
170 Compensation of olfice Assistants 28
TotaZ City Sergeant $441
@t Jail: (Account #6110)
144 o@ensation of jailors, matrons & cooks @421
Grand Total $862
T
V('Tl,'D O?@ ALL
o@7 motio 7,y I'! 24na @@,rnoz@s v te, cil,?l
PO"19 Y' O('co ded ly L)?f 0
(,'Ollllell approve(i an c,,asement of r!3,lt Of b@ay o'? l@,O(,Zd fo2, th(,
L'Iectric and Po@)er Cornpany, as ;hob)n o, Vl,,'Dc,,) Pzat Ivo. [?/w P,1995.
T'711@
,Al On motion I)Y Mr. Ho@lnc-Y, i3e,,,d,d by Mr. @!cCorr,!,3, and @,,y u@?ani 7,10te, Cit?, coun(27@'Z
?o appoii,,ted Dr. hlc)zru to serve on tlie fillinc, t'he uncxpired
term of -,i
@,'M On motion conded by lir. A!albon, and by iinanimous vote, City counolz
2041 appointpd, to serve on the la7,nin,7 Co@@.ipslon filzing the
unexpired Bro?,)n. Pis te@n wiZZ expire Dec mb2r 31, 1970.
ITE,,',l On motion by 1@. Payne, seconded by @,ir. AlarshazZ, and by unanz'MO2cS vote, City ('Ounciz
204P appointed Plr..Herbe t Iloir and Mr. Ralph to serve on the Princess Anne
four years beginnZnC IanUary 1, 1,970,
and 6
ITEAI On motion by Alr. CroffmelZ seconded by 1@Ir. ?@arshall, and by unanimous vote, city
2043 Council appro7@ed the foZZowing ResoZution requesting the City of PlorfoZk to ma@e a
conrie,-tio7i cznd to furnish water hrough a proposed wat,,,r system, Zooat d at ia-@,e
E@a-rd lioith, Section One, Bayside Borough in the ci ty of fli@qinia Reach.
LAKE EDWARD NORTH,
SECTION ONE, BAYSIDE BOROUGH
Lake Edward C@@poration
1:@ Lake Ed@,?rd,No@th, Section One,,Bp
_ypide
Borough
Atterbury Court 4" 216 -
Banbury Court 4" 426 -
Caxton Court 4" 426 -
Dodington Court 4" 426 -
Ershire Court 6" 332 -
Fanshaw Court 4" 270 -
Gower Court 6" 40 1
4" 470 -
Hampshire Lane 8" 1410 1
liampshire Place 6" 1056 3
Water Line Plan Lake
Edward Nortli Section One
dated Novembor 10, 1969
ni@
lit
i-4
Mrr. K a d Mr. P'rank Peter.,@ appeay,ea before City CounoiZ a?id diocus,@ed
tlic drug probZ,,,
On motion by I!r. A!cCombe, seconded by Pir. 'I'ebauZt, the mceti?@g acijoup ed.
Richar Frank A. Dusc '@ayor
City of V rginia Beach,
Virginia
,Tanuary 26, 19@o