MAY 25, 1970
MIIIUTES OF THE HOplOp4BLE CITY COUIICIL
OF Ty- E
CITY OF VIRGINIA BEACH, VIRGINIA
May 25, 1970
The reguzar meeting of the CounciL of the City of Virginia Beach, Virginia was
heZd in the Council Charzbers in the Administration BuiZding, in the Borough of
Princess Anne, on Monday, Aldy 25, 1970, at 10:00 a.m.
The invocation was given by Reverend WiZZi= H. Brake, Jr., Galitee,@iscopaz
Church.
Councilmen presenv: Mayor Frank A. Dusch, Vice Mayor Robert B. CromweZZ, Jr.,
Albert L. Bonney, Sr., George R. FerreZZ, D. 14array IlaZbon, Lawrence E. MarshaZZ,
John W. McCombs, J. Curtis Payne, G. Dewey Sinnons, Jr., EarZ H. Tebautt, and
Kenneth N. Whitehurst.
On motion by 14r. MarshaZZ, seconded by Mr. Bonney, and by unanimous vote, City
CounciZ approved the Minutes of the meeting of Alay 11, 1970, and the reading of
said Minutes dispensed with, inasmuch as each CounciZman had a copy of said
Minutes before him.
Mayor Dusch recognized the chizdren of Brookwood EZementary SchooZ who were
visitors at the Council Meeting.
ITEM #2276
On motion by Mr. McCombs, seconded by Mr. Ferrell, and by unanimous vote, City
Council approved the appropriation of $2,675 on second reading for the five-acre
Seatack Co"mnity Park.
ITEM #2277
Mr. E. CaZvin Spain, Attorney, appeared in behazf of the appticant.
On motion by Mr. Payne, seconded by Mr. MarshaZZ, and by unanimous vote, City
CounciZ approved the foZZcwing apptication with changes in the Planning
Cormission's reconmendations. Approvaz subject to City water and sewer and a
dedication of right of way 45 feet from the center Zine of Princess Anne Road
(20-foot dedication) and a dedication an Courthouse Drive of 00-feet on the
western property Zine and a 10-foot reservation for future acquisitions; azso
a 15-foot dedication on the southern property Zine. As this property -Is Zocated
in the Historic Conservation District, the plans for any further devezopment of
the property wouzd azso be subject to the review and approvaz of the Historic
Review Board.
Application of Wey,.nouth A. liayes and Louise H. Iiayes bv H. Calvin ST)ain,
Attorney, for a chanqe of zoni-ta from Agricultural District to
i- t -f ?
Limited Corm@rciaT !D @ -r-i-c@-2 --L -) on certain r)ronerty located on the
Soutiieas+. corner of Court House Drive and Princess Anne Road, runnina a
distance of 158 feet along the South side of Princess Anne Road. runn'ing
a distarce of 7@93 feet along t@.,, Eastern pro'ierty line, runnina a distance
of 135 feet alonq the Southern property line and runnina a distance of 718
feet alorig the r'ast side of Court House Drive. Said lots are desinnated
as Lots 13 and 11, Plat of Court House Acres. (Courthouse Area).
PRI'iCESS A@INE BOROUGN.
The Planning Coniiission recornends approval of this request subject to City
Water and se,..ier and a dedication of right of way 45 feet fro,,.l the center
line of Princess @'nne Road (@@0-fool- dedication) and a dedication on Court-
house Drive as may be required by the D,,par@.ient of Plannina for the orderly
develop,ient of the Courthouse Comolex. As this oronertv is-located in the
Historic Conservation District, t;ne t)lans for any further d@,velo),.-.erit of
the Droperty v,,ould also be subjecl@ to the review and auproval of the Historic
Review Board.
ITEM #2278
Mr. Sm Scott, Director of Virginia Beach Civic Center appeared in regard to the
foZZowing appzication.
Mr. CarZand Atwater' Assistant to Chief Bayne, read a Zetter from Virginia Beach
Fire Department stating that the 'outdoor arrangement wouzd not hinder the Fire
Department's access to streets in the vacinity.
On mation by 14r. Sinmons, seconded by @ir. MarshaZZ, and by unanimous vote, the
City CounciZ approved the foZZob)ing appzication, @ject to the Planning
Cormission's recoumendation for six (6) month Zimi tion and site pzan review.
Application of the City of Virginia Beach for a Us.,2 P.,n,i-L to conduct
outdoor perforrlances as an accesso@y use to the Ti-rgln-ia Beach Civic
Center on certain property located on tlie @lest side of Pacific Avenue,
running a distance of 500 feet niore or less along the Nortli side o'f Igth
Street, running a distance of 235 feet more or less along the East side
of Arctic Averiue, running a distance of 500 f,@ot more or less aloig tlie
Sout@i side of 20tli Street and running a distance of 500 feet more or less
along tlie @,lest side of Pacific Avenu- Said property is designatc@d as
Lots 1 througli 20, Block 40, Plat of @irginia Beacli Develo.orient Corporation.
VIP,Gli'IIA BEACfi Bo@.OUGti.
ITEM #2279
Mr. W. F. Cooper, Operations Supervisor for AtZantic RichfieZdappeared on behatf
of the appzicant.
On motion by Mr. llarshaZZ, seconded by Mr. Cromwelt, and by unanimous vote, City
Council approved the foZZowing appzication for a use permit subject to wood fence
screening and Zandscaping on the rear property Zi e@ nd a Zimitation of use to
gasoline supply and minor repairs onzy and the requirements of the Site P@
Ordinance.
Application of Atlantic Rict)field Cor.,r)any for a Us-- Permit to construct
a gasoline supply station oti certain property lo@afeto the Sou@li-riest
corner of Sliore Drive and Green@,iell Road, running a distance of 200 feet
along the South side of Sliore Drive, run,-)ing a distance of 55 feet along
the West side of Greeni4ell @load, runiling a distance of 232 feet alolig
the Soutlierti property line, runnina a distance of 139 feet along the
Western property line. (Bayville Oark Area). BAYSIDE BOROUGH.
The Planning Commission recoumnds approval of this request subjec-L to
City water and sewer. Approval is further subject to vlood fence screening
and landscapina on the rear property line and a limitation of use to gaso-
line supply ana minor repairs only and the requirerents of the Site Plan
Ordinance.
ITEM #2280
Mr. Raymond L. Harris appeared in regard to the foZZowing application.
On motion by Mr. -@@mons, seconded by Mr. MaZbon, and by unanimous vote, City
CounciZ approved the foZZowing appzication for use permit subject to City water
and sewer and the requirements of the Site Pla@Ordinance.
Application of Ray.,-,Iond L. Harris for a Use Per!qit for a retail tire sales
(not to include recapping) on certain p o@- t@y 1-6'cated on the South side
of Virginia Beacii Boulevard across fro,., Little i,'eck Road and running a
distance of 13^J.9 feet along the South sid2 of Virainia Beach Boulevard,
running a distance of 150 feet aloilg the Western property line, running
a distance of 1'2 feet alotig the Souther,,i proderty line and running a
dis tance of 154 feet along th@- Eastern propp-r,ty line. (Belle Haven Area).
LYitiiilt@iVr-;'@l BO!'@OUGH.
The Planning Co.,nnission recoimnds approval of this request subject to
City water and se-wer and the require,,.nants of the Site Plan Ordinance.
ITLM #2281
On motion by t@r. Payne, seconded @ry Yr. Sirmons, and by unanimous vote, City
CounciZ approved the foZZowing appzication.
Application o.@ t!iL, Ci-uy of Viriinia bleacti for an amendmient ',-o the Planned
Uiit -Develop.,-ent District Ordinaiice as ap,,roved on Janu,,,ry 22, 1063 by
actio,,i of t,)e Cit Couicil of '@'irginia Beacii to read as follo,,.'S:
,is y
Oction II - Dl--Fl@@ITITiS, Itc,.n 2. Tiie pro,,-)erl-y or its rteia,)t)orhood lias
an econoriic ii,.ii)ortaiice to the co@,,iunity tiiat tiill be protecied by use of
a,Planncd U@iit Develop,,--lit."
The Planning Cofli@@iission recor,-.ic!nds approval of this requlst as tho. r-cor,,im-nded
cliai)ge t@ould constitute ai ii-rove,.@,nt tc) ttic Planned UIit Developrlent Ordiziaice
and viould allo,,t for gr-,ater f@exibility i:i the utilization of th-- orditiance.
-TTEM #2282
Mr. Richard Tavss zppeared on behazf of the app@icant and requested an
eighteen (18) month use permit.
On motion by Mr. I!cCombs, seconded by @ir. Whitehurst, and by unanimous vote,
City CounciZ approved the folzowing appzication for @n e of zoninq and use
permit amending the request to an 84-unit apartment compzex instead of 73 un@'ts
and extending term of use permit to 18 months.
Application of Beachfront Associates by Sacks, Sacks and Tavss for a clianqe
of zoning from ;,otel-ilotel District (M-H) to Planned Unit Developm,-nt-Ui- t@rict
CFUJ@@ a variance of PUD restrictions fro,-,i 50 acres to 22,500 square feet
and a Use Per,ii" to cotistruct a 73-unit apartr@,.ent co.@iplex witli recreational
facili ff@s- @@-,rtain property located on the Northeast corn-r of Atlantic
Avenu- and 371-1,li Street, ruiining a distance of 150 feet along the East side
of Atlan@ic P@v--nu-., running a distance of 15D feet along the ;@orth sidc@ of
37t@i Str@let, running a distance of 150 feet along the Eastern property line
and running a dis-@ance of 1-DO feet along the @llorthern propl'rty line. VIRGINIA
BE,@CH -DOROUGH.
Tlie Planni!i,, @lot-iiission recornends approval of this request as a@,nended to an
84-unit co..Iplex bas,ld on the specific findings that the applicant
prop,,r@@Y iias a.-i eco,@io,-iic i,,tiportance to the City that can be protected and
enlianc.-2d o,,il., by t'i,- use of Planned Unit Develop-.lent. Further, the Beach
Boroun'li Plan as a,,proved by tlie City Council indicates that this property
should b,2 u'@-ilized for high intensity residential use and tlie Planned Unit
Develop,,ieiit approac!i is tlie only mcans available to implement this intensity
of developi@,ient at t@is location.
ITEII #2283
Mr. Larry Sancilio appeared on behazf of Tidewater Association of Home Builders
in opposition to the foZZowing appzication in regard to the Zand reservation
clause and the mandatory underground wiring with VEPCO.
Mr. Sam Houston appeared on behazf of the PZanning, DeveZopment, and Zoning
Co=ittee of the CounciZ of Civic Leagues in favor of the fozzowing appzication.
On motion by Mr. Bonney, seconded by !lr. @,!cCombs, and by unanimous vote, City
CounciZ deferred the faZZowing application for thirty (30) days.
Application of the City of Virginia Beach, Dcoart.@nt of Planning, to
establisi) n-w Subdivision Regulations for the'City of Virginia Beach.
Copies of these regulatiois are available in the Offic,, of tlie City
11"anager, Office of t@ie City Clerk, Virginia Beach Libraries, including
the Kempsville Branc,i, Virginia B,,acii Brancli, and tfie Windsor Woods
Branch, and tlie Office of tlie Depart.-,@L'iit of City Planning.
The Planning Corrlission reco@m@iends approval of ttiis re(',uest. Th,@se
recoi.@nded r,3gulations -iiould substantially improve t.lie procedural
r-lq6irci@lLnts and substantive controls included in tlis existing sub-
divisioi ordinance.
ITEM #2284
On @,lotion by I,!r. 14arshaZZ, seconded @@y 1,@r. Bonney, and by unanimovs vote, City
CounciZ approved the foLZowing.
The undersigned Clerk of the City of Virginia Beach,
Virginia, hereby cerlil:ies as lollows:
A regular meeting of the Council of the City of
Virginia Beach was held on May 25, 1970, at which the following
members were present and absent:
PRESENT: Mayor Frank A. Duscli, Robert B. Cro@ iwe7l, Jr.
Albert L. Boi2ney, Sr. , George R. F er?,ell, D.
Mur7,ay Malbo)z, Lazf)rcitce E. Ma7-sliall, Jolin W.
McCoiizbs, J. Citrtis Pa@,ne, G. Dett@ey Siitii?ions, Jr.
Earl M. Tebazill, and I@eiz;ielli N. @Vlzitelzii;,st.
ABSENT: None
An ordinance entitled "An ordinance Authorizing the
Issuance of $2,000,000 Public Improvement Bonds of the City of
Virginia Beach, Virginia" having been read at a regular meeting
held on May 11, 1970, was duly adopted on second reading at a
regular meeting held on May 25, 1970, by the following roll call
vote as recorded in the minutes of such meeting:
A yes: Mayor Fi-ank A. Ditscii, Robert B. Cronztvell-, Jr., Albert L.
Baniiey, Sr., George R. Ferrelt', D. Murray Malbon, Laivrence
E. Marshall, John vV. McCombs, J. Cztrtis Payne, G. Deivey
Siminons, Jr. , Earl M. Tebai.ill, and Kenneth N. iwzitehttrst.
IVays: None
Absent: None
Attached hereto is a true and correct copy of the foregoing
ordinance as recorded in the minutes of such meeting and as approved
by the Mayor.
WITNESS my hand and the seal of the City of Virginia Beach,
this @ojay of 1970.
Clerk, City[@f Virginia Beach,
(SF-AL) Virginia"
AN ORDINANCE AUTHORIZING THE ISSUANCE OF
-k'$'2,000,000 PUBLIC I@IPROVEMENT BONDS OF
THE CITY OF VIRGINIA BEACH, VIRGINIA
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
1. It is hereby determined to be necessary and expedient
for the City of Virginia Beach to construct and complete various
public facilities and improvements and to acquire land for public
recreation, all of which will promote tqe develop,ment and public
welfare of the City, and to borrow money for such purposes and
issue the City's general obligation bonds therefor.
2. Pursuant to the authority of the Charter of the City
of Virginia Beach (Ch. 147, Acts of Assembly of 1962, as amended),
and the Public Finance Act of 1958, as ameiided, there are hereby
authorized to be issued Two Million Dollars ($2,000,000) Public
Improvement Bonds of the City of Virginia Beach to provide funds,
together with other funds that may be available, for the follo@qing
purposes:
Improve and extend streets and $1,500,000
highways
Complete a public golf course 270,000
now under construction
Complete third floor of adminis- 130,000
tration building at Municipal
Center
Additional cost of constructing a 45,000
public health center at Bayside
Acquire equipment for heating plant 15,000
at Municipal Center
Acquire land for recreational 40,000
purposes
$2,000,000
Any amounts not needed for any of such purposes may be used for any
other of such purposes.
3. The bonds shall bear such date or dates, mature at
such time or times not exceeding forty years from their dates,
bear interest at such rate or rates not exceeding the maximum rate
permitted by leiv at the time the bonds are sold, be in such
denomination and form, be executed in such manner and be sold at
such time or times and in slich manner is the Council shall here-
after provide by appropriate resolution or resolutions.
4. The bonds shall be general obligations of the City
of Virginia Beach for the payment of principal of and inte'rest on
which its full faith and credit shall be irrevocably pledged.
5. This ordinance shall take effect immediatlely.
Above Ordinance az) roved by the City CounciZ at its reauzar n?eeting on
@p
Ivay 11, 1970.
On motion by Ilr. -'@arehaZZ, seconded by ?@-. !'CComb,-, and y recorded vote
as foZZoi@s:
Ayes: @ayor Frank A. Duscti, 'lice !Iayor Robert B. Crom,,)eZz, Jr., AZbert L.
Bonney, Sr., George R. PerreZZ, D. P!urray ?aZbon, Lcr,@rence E. @!arshaZZ,
John W. 1.@cCombs, J. Curti., Payne, C. De ey S,-'mmons, Jr., FarZ ?.!. TebauZt,
and Kenneth N. ,"zitehurst.
Nays: None
Absent: lione
ITEk #2284-A
On motion by Mr. lvarshaZZ, seconded by iir. FerreZZ, and by unanimous vote, City
Council approved the foZZowing resozution rezative to the $2,000,000 public
improvement bonds.
At a regular meeting of the Council of the City of
Virginia Beach, Virginia, held on the 25th day of May, 1970,
PRESENT: Mayor Frank A. Ditsch, Robert B. Cromzvell, Jr.,
Albe:rt L. Boiz)zey, Sr., George R. Ferrell, D.
Murray Malbon, Lazf)r ce E. Marshall, Jolm @V.
McCombs, J. Curtis Payne, G. Dewey Si imons, Jr.,
Earl M. Tebault, and Kenneth N. aitehurst.
ABSENT: None
the following resolution was adopted by the following vote:
AYES: AI(lyor Ditscli, Rob I B. C,ol7-icell, J;,., Albert L. Boji7iey, S;,.,
Geoige R. Fer;-Cll, D. Mit@-), y Malbop. Lawi-e;tce E. Ma),sliaZZ,
Jolni @V. mcconibs, J. Ciirlis Payize, G. Deit,ey Siini ioils, Jr.,
Ea l M. I-ebault, a;zd -@iqzilelzu),sl.
NA YS: ATo)ze ABSEINIT: ATcne
WHEREAS, the issuance of public improvement bonds of the
City of Virginia Beach, Virginia, in the maximum amount of $2,000,000
was authorized by an ordinance previously adopted on this date; and
WHERF-AS, the Council of the City of Virginia Beach desires
to borrow $1,000,000 in anticipation of the issuance of a like amount
of such bonds;
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
1. The City of Virginia Beach is hereby authorized to
borrow $1,000,000 in anticipation of the issuance and sale of
a like amount of the $2,000,000 public improvement bonds heretofore
authorized and for the purposes for which such bonds have been
authorized.
2. The proposal of Virginia National Bank to purchase
such notes maturing six months from their date and bearing interest
at the rate of 5 1/4% per year is hereby accepted. The notes shall
be executed on behalf of the City by its Mayor or City Manager and
its seal affixed and attested by its Clerk.
3. The full faith and credit of the City of Virginia
Beach are hereby irrevocably pledg ed to the payment of principal
of and interest on such notes.
4. This resolution shall take effect immediately.
I hereby certify that the foregoing constitutes a true
and correct extract from the minutes of a regular meeting of the
Council of the City of Virginia Beach, Virginia, held on the 25th
day of May, 1970, and of the whole thereof so far as applicable
to the matters referred to in such extract.
WITNESS my hand and the seal of the City of Virginia
Beach, this 1154@.y of May, 1970.
Cle-@k, 4
City
(SE.AL) Virginia V
ITEI,l #2285
On motion by 14r. Simmons, seconded by 14r. Bonney, and by unanimoz,.s vote, City
CounciZ approved the foZZowing ordinance to authorize an encroachment over a
portion of Ocean Avenue.
AN ORDII\TAN@F, TO A@,JTHOPIZE AN
ENCROACI@lL@NT OVER A PORTION OF
OCEAN AVENUE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That pursuant to the authority contained in Section
15.1-377, Code of Virginia, as amended, the owners of a
certain parcel of land situated in the Borough of Virginia
Beach are authorized to maintain an encroachment of not in
excess of 2.59 feet in width., 196 feet in length and at an
elevation of 9 feet above the ground. The encroachment here-
by authorized is described as a portion of balconies, begin-
ning at the southwest corner of the intersection of 25th
Street and Ocean Avenue (known as the Boardwalk) and extend-
ing south 14@ 00" east, a distance of 196 feet.
ITEM #2286
On motion by Mr. Sinnonsseconded by Alr. Bonney, and by unanimou-3 vote@ City
CounciZ approved the foLZowing ordinance to amend the Fire Prevention Code
with respect to the dispensing df motor fuezs.
ORDINANCE
AN ORDIQANCE TO A@IEND THE FIRE
PREVENTION CODE OF THE CITY OF
VIRGINIA BEACH WITH RESPECT TO
TIIE DISPENSIN.G OF I-IOTOR FUELS
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That, the Fire Prevention Code, adopted by Section
16-5, Virginia Beach City Code, is hereby amended in Section
16.64, Subsection d. by addin@ at the end thereof, the follow-
ina:
"The foregoing prohibitions shall not apply to the
dispensing of motor fuels from facilities which are con-
tinually supervised by qualified personnel, and such super-
visors are provided positive safety control equipment
approved by the Fire Prevention Bureau. Failure to provide
required supervision shall be grounds for immediate termina-
tion of permission to op--rate."
ITF?4 #2287
On motion by Mr. siumons, seconded by @ir. MarshaZZ, and by unanimous vote, City
CounciZ deferred rei)ort of viewers rezative to czosing a portion of Cape Henry
Drive in Lynnhaven -Borough and to czosing a Portion of Woodstock Road in
KempsviZZe Borough untiz the June 8, 1970 CounciZ ?4eeting.
ITEM #2288
On ?,lotion by Mr. CromeZZ, seconded by Air. 14arshaZZ, and by unanimous vote,
City Council approved the foZZowing ordinance appointing viewers.
IN THE MA'@'?ER OF-.
VACATING, CLOSING AND DISCONTINUING A PORTION
OF @RST LANE AND AUBURN DRIVE LOCATED IN
SECTION OITE OF THE SUBDIVISION OF COLLEGE PA-7zK
IN THE CITY OF VIRGINIA BEACH, VIRGINIA
ORDINANCE APPOINTING VIEWERS
WHEREAS, College Park First Homes Association, a Virginia
corporation, and Larrymore Organization, Inc., a Virginia corporation,
have given due and Droper notice, in accordance with the provisions
' icLi - I I
C) 195,), as amended, t'@a,@
they would on this day aDDly to the Ci-.y Counci-1 of the City of Virginia
Beach, Virgi-ni,, for the anpointrient of viewers to view the hereinafter
describe,d procerty and to report in ',,riting to the Council vy@ether, in
the opinion of the viewers,'any, and if so what, inconvenience would
l@esu--t fruiri discoij@inuing the salne, and it' the said viewers report that
no inconvenience would result therefrom, your Petitioners pray that this
Honorable Council will adopt an ordinance directing the vacation of the
following described portion of Amherst Lane and Auburn Drive,,to-wit:
AL), TiLkT certain portion of Amherst Lane and of Auburn
Drive located in the City o@- VirEinia Beach, Virginia, as
shown on that certain plat entitled "SUBDIVISION OF COLLEGE
PARK SECTION ONE", Virginia Beach, Virginia, Scale: 1" = 100')
dated June 28, 1968, rqade by McGaughy, Marshall & Mc?4illan,
Architects &- En.,ineers, which said plat is duly recorded in
the Clerk's Office of the Circuit Court of the City of Vir-
ginia Reach, Virginia, in Map Book 76, at page lt6, which said
portions of Amherst Lane and Auburn Drive are bounded and
described as follows:
To establish a point of beginning, commence at a point
which is the intersection of the southern line of Adelphi
Road and the eastern line of Amherst Lane, as 'oroduced, and
from said point running thence along the said eastern line
of Amherst Lane S. 100 53' -DO" E., 340 feet to a point where
the northwesternmost property line of Recreation Parcel "2"
intersects the said eastern line of A-,nherst Lane, which
said point is the point of BEGILINING: and from said point
of beginnin-@ thence turning and running along the arc of a
curve to the right whose radius islO5.61feet, on arc distance
of 168.86 feet to a point in the southern line of Auburn
Drive, as shown on the said plat, (which said point is dis-
tant 48.61 feet f-orq the intersection of the said southern
line of Auburn Drive and the western line of Amherst Lane,
as produced); thence turnin@ and running along the arc of a
curve to the right whose radius is 50 leet, an arc distance
of 77-13 feet to a point in the western line of the said
Amherst Lane; thence turning and running along the western line
of the said Amherst Lane S. 100.53' 30" E., 81-38 feet to a
point in the divi-ding line between Greenbelt "E" as shown on
the said plat and the property noit or formerly belonging to
Helene Jones, which dividing line is also the present southern-
most terminus of the said Amherst Lane as shown on the said
plat;.thence turning and running along the said dividing line
N. 81@ 191 17" E., a distance of 60.04 feet to a point; thence
turning and running along the eastern line of the said Amherst
Lane N. 100 53' 30" W., 240.08 feet to the point of beginning.
NOW, THEREFORE, BE IT ORI)AIDMD BY THE COUNCIL OF THE CITY OF
VIRGINIA BFACH, VIRGINIA, that Charles KiZey
David Norman and Worth Petty
are hereby appointed to view the above described property and to report
in writing to the Council on or before June 22, 1970, whether in their
opinion any, and if so what, inconvenience would result from discon-
tinuing the same.
Adopted by the Council of the City of Virginia Beach, Vir-
'12289
On motion by llr. liarshaZZ, seconded 'oy ,@r. l@,@cCombs, and by recorded votes as
fozlows:
ayes: llayor Frank A. Dusch, Vice l@ayor Robert B. Cro7r,,jeZZ, Jr., AZbert L. Bonney,
Sr., George R. FerreZZ, D. liurray kfazbon, Lawrence E. llar.,hazz, John W. ,4ccombs,
J. Curtis Payne, Earl H. TebauZt, and Kenneth N. Whitehurst.
nays: none
abstain: Mr. G. Dewey Sirmoyzs, Jr. (interest in property)
City CounciZ approved the foZZowing ordinance appointing vieb)ers.
ORDIFANCE APPOINTII,!r, VTJ,, ,.Rs
I'llIEREAS, Colonial Investors, a partnership, has given due
and proper notice, in accordance V,,ith tlie statutes for such
cases made and provided, that it qould on this day applv to the
City Council of the CitY of Virginia Reach, Virginia, for the
appointment of Vie@,7ers to viev7 the belov-described Property and
report in writing to the Council v7hether, in the opinion of
said vie,,?ers, an.,-,,, and if any, what, inconvenience would result
from the discontinui.ng of the hereinafter described Street knoiln
as Cricket Circle, in Lynnhaven Borough, City of Virginia Beach,
Virginia, and have filed such Application with the said Council:
NOW, TIIPPEFORE, BE IT OPn@!nUD 9Y TUE COUNCII, Op T11r, CITY
OF VIRGINIA-BE?,CH, VTRGTNIA:
That @lornan
are hereby aidpointed to view the below-described property and
report in viriting to the Council On or before -J... 8, 1970
whether in their opinion any, and if any, what, inconvenience
would result from the discontinuing, closing and vacating of that
certain street knox,7n as Cricket Circle, locater-I in the Borough
of Lynnhaven, City of ,,irginia Beach, Virginia, and described as
follo,,,,,s:
CRICKET CIRCLE, SHOWN ON A CERTAIN PLAT ENTITLED
"Green@,7illo@-7, Section One" recorded in the Clerk's
Office of the Circ7-iit Court of 1-7ircTinia Beach in
Map Book 52, at Page 5.
SAID STREET being located arnroximately 570 feet
East of the Southeast corner of the intersection
of First Colonial Road and T,7j-ll-o-llisn Drive.
ITEI,,@ #2290
On motion by Alr. MarshaZZ, seconded by l-f2,. l@'cCombs, and by unanimous vote, City
CounciZ approved the foZZowing appzications for tax refunds in the amount of
$2?0.86.
TO: @ir. Harry T. @larshall, CiLy Attorn@-y
Date May
FROM: Mr. V. A. Etheridge, Treasurer
SL ECT: Application for Tax Refunds;
Th@following appiications for refund of $- 63. 00
and certified for payment, as set f
o@ A. Etheridge, Treasurer
-Tax/ Exoner- /l/ Pen- Inter-
Type ate
Tax .,Ticket ation p :
Name Year of Tay Paid Base alty est Total
Number No.
uhr@; William J. 1969 PP 50521 3-11-70 60.00 3.00, 63.00
6ns fo.r refund-c-f taxes approved. Above ibatements t6taling,
Appr
It'.' City At-,orney Ricliard J . V,' on, City Clerl-.
TO: @ir. Farry T. Mars*iall, City Attorn ey
Date May 21, 1970
FROM: tir. V. A. Etbe-ie-.e, Treas-urer
SUBJECT: Application for Tax Refunds:
The following appiications for refund of taxps totar-ing $ 50.98
and certified for payuient, as set forth bel,6
theridge, Treasurer
-Tax
Tax Type ..Ticket Pen- Inter-
Name Year Tay Number alty est Total
ight, T. R. 1969 RE 2510 78 6-10-6@9 617.46 18.45
Fir-st HalE
right, T. R. 1969 RE 2510 78 6-10-69 617.46 18.45
econd HalE
rphy, William R. 1969 R.E 54940 5-12-70 295.50 14.08 14.08
3uppleme
t_vc applidati6ns fot refu-nd-of taxes approved.- Abov(i ebatem-ents t6taling @o.
Date Api d by City Cou-Llcilll
H, ry Ri,-bard J. 11,4b@ton, City Clerk
y
TO: 11
@r. Harry T. @!--rslipil, City
FRO@f: 1'r. V. A. Etherid@e, Treasurer Date May 15- 1970
SUBJECT: Application for Tax Refunds:
The following appiications for r,f,,d f taxe,@ totali)qg $ 156.88
and certified for payment, as set forth bel
Etheridge, Treasurer
Tax Type -Tax Exoner- Date
Name ' Ticket ation Pen- Inter-
Year of Ta), @Number No. Paid Base alty est Total
Dent@,Johnnie S. 1970 CD 19588 5-11-70 10.00 10.0 .0
ames, U. W. 1969 PP 50210 2478 12-5-69 60.00 54.00
?art. Refuid
James, H. W. 1969 P.P 1472 2479 12-5-69 12.00 12.00
Lee, Joseph B. & 1967 RE 25942 5065 12-1-67 10.50 .53 9.93
dna S. irst Half
Lee, Joseph B. & 1967 RE 25942 5065 12-1-67 10.50 9.45
dna S. econd Halr-
ee, Joseph B. & 1968 RE 26530 5066 5-29-68 17.64 15.75
dna S. -irst Half
ee, JQ,seph B. & 1968 RE 26530 5066 11-26-6E 17.64 15.75
dna S. econd HalE
ee, J6seph B. & 1969 RE 27780 5067 5-Z6-69 21.00 15.00
dna S. I7irst Half
ee- Joseph B. & 1969 RE 27780 5067 10-21-6c 21.00 15.00
di S.
f I
or refund-of taxes approved.-. Above@abatem-ents t6talin,
Ap by City Council Iq 0
bbon, City Clerk
II,. City At,,o,,7ney Richard J.
ITEM #2291
On motion by Mr. Payne, seconded by Mr. MaZbon, and by unanimous vote, City
CounciL approved the foZZowing resozution.
BE IT RESOLVED that the City Council of the City of
Virginia Beach does hereby request that coverage for all
qualifie6 law enforcement personnel of the City of Virginia
Beach become effective July 1, 1970 under the additional
retirement benefits provided for law enforcement personnel
by the 1970 session of the General Assembly to be administered
by the Virginia Supplemental Retirement System.
ITE@@@ #2292
On motion by Mr. Cro,@,eZZ, secorc,ed by !,,'r. A!ccorbs, and by unanimous vote, City
CounciZ approved t@,e e@ozoyment of I,!r. Paul A. Sciortiro as an assistant to
ComonweaZth Attorney, Vr. Andre Evans, at an annzal scla@y of $10,500, effective
as of June 1, 19@0. Tkis approvaz does not create a new position nor does it
e acated b
@t7e pos-,t,-on v v llr. Scior"ir,
at a later date.
il'Et@f #2293-A
on motion by Mr. Sinmons seconded by P.,Ir. CroproeZZ, and by unanimous vote, City
CounciZ approved the foZZowing resozution requesting the City of Norfozk to
make a connection and to fumish water through a proposed water system, located
at Terrapin HIZZ Ai)artments, Lynn7laven Borough.
A RESOLbfIOll REQUESTII;G Ti!E CITY OF @IORFOLK TO
MAKE A COIIIIECTION ATID TO FUF2,'ISH WATEI TilROUGII A
PROPOSED WATE:R SYSTE;-!, LOCATED AT -Terrapin
-L &n9rt-m'nt.' IN TifE CITY OF
LU I -
VIRGIIIIA BEACH, FURTHER DESCRIBED BELOW:
WIIERF,AS, it is proposed by the City of Virginia Beach, Vir@ia, at
the request of R. S. Baldwin and M. M. Spence , to extend a proposed water
main @ accordance with the existing contract I)etwoen the City of Virginia
Beach and the City of Norfolk, in era,)in Hill ADartments
in the streets listed as follows:
Name of Size of Linear No. of
,Street - 0 Feet Hvd-rantfl.
Old Virginia Beach Road 811 965 2
151 Utility Easement
(within Terrapin Hill Apartments) 411 625 0
a22 as described and shown on plan entitled. TerraT)in Ifill Apartments (dated 5-5-70)
Lynnhaven Borou@h, Virginia Beach, Virginia' lkas
.V prepz1/2red by
Baldwin and Gr-egg &gineers, Norfo irginia
fiuws ifi@ru@, DL ii h@uLvr-u, th--t the City of i@orfolk @r)e and it
hereby is, reque3tcd to make a connection of the proposed water mains
with the present mains of said City at the s,id designation, and upon
completion of the instrllation of the prodosed mains, to supply water to
'conSUMers residing thereon, it being exprersly understood and agreed
that the supplying of said water by the City of Norfolk shall be upon and
subject to the fol-lo@g terms and conditions:
1. That the said water mains shall be installed in accordance with
the @cifications of the said City of Norfolk and to the satisfaction
of the Director of Public Works of said City, at no cost to the City of
Norfolk.
2. That the water so supplied through said mains to c,nsumers shol
be at the same rate now, or hereafter , charged by the City of Norfolk to
cOns-ers beyond the limits Of said City similarly situated.
3. That all ordinances of the City of Norfolk and all rules and
re @ ations of the Division of Water Supply of said City, now or hereafter
adopted e-nd put into effect, relatina to the f-ni@;hing of water sha-1.1
apply to the supplying of water through the said proposed inains.
4. That the said CitY of Ilorfolk shall be under no obligation to
furnish more water than its distribution systeri as now l,id, with the
pressure carricd, will delive.- into said mains, and if the said supplying
of water sh@ not be in accordance w-ith the st,@.dard service, the said
City of Norfolk shal-I not be held resronsible in any way.
5. That in supply:Lng water to consu7.ers along the said proposed mains,
the City of Ndrfolk wi.-ll supply the s,--,e on-ly from its surplus supply, and
that in no event shpll there be any obliga@lion on the part of said City to
supply water to any consuners alon, the proposed mains at a-ny tir,,e i,,hen,
in the judce-ent of the Counci.1 of the said City of Norf6lk, the said City
shall not have sufficient supply fpr use within its corporate limits, or
whenever the oupplying of said water shall interfere with the discharge
of the duty of said City to supply water to its own inhabitants.
6. Tha@@ fi-cT:, axid af'.ei- '@lie iiis-LallaLion of the water mains and
hydrants they shall become the property of the City of Virginia Beach.
The City of Virginia Reach shall grant to the City of Norfo-lk the right
to use such mains and hydrzlnts for the supply of water, and further grants
to the City of Norfolk ready and reasonable access to them.
7. That for any fire hydrant instaued Pt the request of the City of
Virginia Beach, a rental payment of One Hundrod Dollars ($100.00) a year
for each hydrant shol be paid to the City of Norfolk. I
ADOPTED BY THE COUVGIL of the inia Bea ch, Virginia this
day of City O@g
APPROVED:
ATTFSTE:
t,
ITEM #2293-B
On motion by Mr. Sir(mons seconded by 14r. CrortweZZ, and by unanimous vote, City
CounciZ approved the foZ @ing resozution requesting the City of NorfoZk to
make a connection and to furnish water through a proposed water system, Zocated
at Pembroke Meadows Professionaz BuiZding, Shopping Center, Nursing Home
Apartments, Bayside Boroz,@h.
A RESOLUTIO,-Q REQUESTING THE CITY OF NORFOLK TO
MAKE A CONNECTION AND TO FURNISH WATER THROUGH
A PROPOSED WATER SYSTEM, LOCATED AT PEMBROKE
MEADOWS PROFESSIONAL BUILDING, SHOPPING CENTER,
NURSING HOIIE & APARTMENTS, BAYSIDE BOROUGH, IN
THE CITY OF VIRGINIA BEACH, FURTHER DESCRIBED
BELOW:
WHEREAS, It is proposed by the City of Virginia Beach, Virginia,
at the request of Pembroke Meadows Associates, to extend a proposed
water main in accordance with the existing contr@ct between the City
of Virginia Beach and the City of Norfolk, in Pembroke Meadows
Professional Building, Shopping Center, Nursing Rome & Apartments,
Bayside Borough, in the streets listed as follows:
Name of Size of Lineal No. of
Street s
Easement 8.1 1200 2
6" 14 -
all as described and shown on Plan entitled, Composite Site Plan For
Professional Bldg., Shopping Center, Nursing Home & Apartments At
Pembroke Meadows as prepared by Frank D. Tarrall, Jr. and Associates,
Engineers, undated.
T@@, '-ion
0
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c@r C)I,,:,
17
o o '- l@ t o
c o n s L r
of: o-,' Liyil @ill rLl2n@s aile,
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f ti!, n O, i
t-ii
C)f thr-, sdi(i
City of
E T@y
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5 T i.ii
t)@-- C@-t-y c@f-
tl,@at iri nc-) evcill a L!-,o OT-- s i t y t
SU',)P,!Y -,qat,@r tO C@r@Y ,s (7) at Fn,,
-i, -@ -1 C i ' - y @ -F !,., ri;,, " 0 @. @, , , t - e r@- i c] C' i " - -, @-
s 1) ;,, 1 2 . n c) i,..i @ 7 -z- s @ i t s f I i h i I t i t. c c,. -r, 0 i or
o f @@. 1 i @ <.ii y C) -- L, @v t o @i3 t E) o i I 17, t: T, 1,1
6. Tlxa-, from and 0-[.: al"Ca
hyO.-,:-z,,,nts SIIZ.)IL gin-a 13@,,Ch.
to ur3@, such ar- L'c 9
to -1h,@ oF
to thcl,.i@
7. T'llat for any of t:h,@ -i4-% o,
a year
for czjc@t h,,7dr@.in@ srlz,,:t t,o
f tl, I V
0 th,
of )-9 90
1,;TE
'122 3-C
0-n motion by @fy,. Simrrons, seconded by CromieZZ, and by uncznimous z;ote, City
CounciZ approved the foZZoijing resozu'@ion reqz,,estina the City o@ ?7orfoZk to
make a connection and to fur@,,ish water through a pro@osed water 'System, Zocated
at Lake Srrith E,,tates, Bayside Bqroug7l.
A RESOLUTION REQUESTING THE CITY OF NORFOLK TO
MAKE A C014NECTIOII AND TO FURNISH WATER THROUGH A
PROPOSED WATER SYSTE;4, LOCATED AT LUE S14NHP
V-q'P AT @- IN TIJE CITY OF
VIRGINIA BFACII, lURTHER DESCRIBED BEWW:
WIIEREAS, it is prol)osed by the City of Vir inia Beach. Virginia, at
the request of R91ci B. B(YIDOIN & Ii. I. BCI@l7@ to extend a proposed water
main in accordance with the existinp,, contract bet City of Vir@ia
@p, Sl T - " till
Beach and the City of Norfolk, in - a B @@TAT
in the etreets listed as followst
Hamo of Sizo of Linear No. of
LITTIY, JOHN ROAD
all as described and Bhown on Dlan entitled, SIMER,WATER & DRAINAGE PLAN
LAKE SMITH ESTATj7B pro@d by
H. C. A@ B&@CH I VA.
iiow, THEREFORE, 13E IT RESOLVFD, ttia-t the City of Norfolk be and it
hereby is, reque3tcd to make a connection of the proposed water Mlains
with the present mains of said City at the vaid designation, and upon
completion of the instnllation of the proposed maina, to supply water to
'Consur,iers residing thereon, it being expressly undorstood and agreed
that the supplyi-ng of said water by the CitY of Norfolk shall be upon and
subject to thO follow:Lng terms and conditions:
1. That the said water mins shall be installed in accordance with
the @cifications of the said City of Norfolk and to the satisfaction
of the Director of Public Works of said City, at no cost to the City of
Horfolk.
2. That the water so supplied through said mains to consumers shau
be at the same rate now, or hereafter, charged by the City of Norfolk to
consumers beyond the limits of said City sijnilarly situated.
3. That all ordinances of the City of Norfolk and all rules and
replations of the Division of Water Supply of said City, now or hereafter
adopted and put into effect, relating to the furni:.;hing of water shall
apply to the supplying of water through the said proposed inains.
4. That the naid City of Norfolk shall be under no obligation to
furnish more water than its distribution systein as now laid, with the
pressure carricd, will deliver into said mains, and i-f the said s-applying
of water sliall not be in accordance with the stzlndard service, the said
City of Norfolk sh@ll not be held responsible in FLny way.
5. That in supplying water to consuners along the said proposed mains,
the City of Norfol-k wil-I supply the same only from its surplus supply, and
that i-n no event shall there be any obligation on the part of said City to
supply water to any consumers along the proposed mains at any time when,
in the judcement of the Counci-1 of the said City of Norfolk, the said City
shall not have sufficient supply fpr use within its corporate limits, or
whenever the supplying of said water shall interfere with the discharge
of the duty of said City to supply water to its own inhabitants.
6. That from and after the @tallation of the water @ins and
hydrants they shall @cone the property of the City of Vir@ia Beach.
The City of Virginia %ach shall grant to the City of Norfolk the right
to use such rtains and hydrints for the supply of water, and further gra-nts
to the City of Norfolk ready and @easonable access to them.
Tltt -oi- w4 fli-u iiydi@iint iiistalled of the City of
I PT, Lne reques@
Vireinia Beach, a rental payment of One Hundrod Dollars ($100.00) a year
for each h,7drant shal-1 be paid to the City of Norfolk.
ADOPTED BY THE COUNCIL of the City of xgi-nia Beach, Virpinia this
day of 19
APPROVED:
ATTFSTE:
Clerk of th6 Council
ITE14' #2294
Mr. MaiZhes, Executive Secretary of the Virginia Beach Ch@er of Cormerce
appeared before City Councit regarding the proposed Zease agreement concerning
the Cape He?'Zry Lighthouse.
On motion by mr. mccombs, seconded bu lir. MaZbon, and by unanimous vote, City
Council approved a lease agreement w@th the Association for the Preservation
of Virgins*a Antiquities concerning the Cape Henry Lighthouse.
Mr. Aubrey N. HoZmes appeared before Council concerning certain drainage probzems.
ITEM #2295
On motion by Mr. McCombs, seconded by Mr. Cro@eZZ, and by unanimous vote, City
CounciZ approved a transfer of funds in the amount of $700.00 from Refuse CoZZec-
tion (10340-320) to Refuse CoZZection (10340-818). Tho-se funds are to be used
for the purchase of a radio fop a new pickup truck.
ITEli #2296
On niotion by Ilp. Cro7m,)eZZ, seconded by Ifr. lJcyZbon, and by unanimous vote, City
CounciZ avrroved a tranpppr of fi@nq-9 @r @l,, ,@ ,??t 0-r @2,000 CZ--7, c@
Circuit @o'urt. The fz,.nd@ wouzd be transj-erred from Office Equipnient (6041-8jOl)
to @ecord Books (6041-314).
ITEM #2297
On motion by Mr. TebauZt, seconded by Mr. Whitehurst, and by unanimbus vote,
City CounciL approved a transfer of funds for the Department of @tic UtiZities
in the amount of @24,539.00 from Ac,?,ount 20030-634 to Account 20030-834 to cover
the purchase of a sei,)er czea@iing machine, truck, radio, air compressor and
power operated tapping-drizzing machine.
.TTEM #2298
On motion by Mr. 14arshaZZ, seconded by 1@r. Whitehurst, and by unanimous vote,
City CounciZ approved the folzowing transfers of funds in the PersonneZ Depart-
ment budget:
@1100 from Code 146 to Code 213 (training and expert services)
$800 from Code 146 to Code 217 (printing).
ITEM #2299
On motion by 14r. MarshaZZ, seconded by 14r. McCombs, and by unanimous vote, City
Council authari2ed the City Manager to enter into a contract for the erection of
a czubhouse buizding on the new golfcourse presentzy under construction.
On y A@Ir. Si7mons, seconded by 14r. ParshaZZ, the meeting adjourned.
T@chard J. bbon, City Clerk Frank A. Dusch, @'yor
City of Virginia Beach,
Virginia
May 25, 1970