OCTOBER 26, 1970
CF THE HONORABLE CITY CC)L,NCIL
OF THE
CITY OF VI@INIA BEACH, @7IPC,=
October 26, 1970
The regular neeting of the Council of the City of Vircjinia Beach, Vircjinia was
held in the Council Chambers in the Administration @lding, in the Borough of
Princess Anne, on ibnday, October 26, 1970, at 10:00 a.m.
The invocation @,ias given by Reverend Emory S. Ellmre, Princess Anne Meth@ist
Church, Virginia Bea(-,h.
Counci@-n present: Robert H. Callis, Jr., Robert B. Crcm,7ell, Jr., Frw* A. Daqch,
F. Reid @n, @-orge R. Ferrell, Clarencp- A. Hollancl, D. Dl=ay ioal-',oon, J. CLirtis
Payne, Vice Ykayor 1-@=1 1,1. Tebault, Floyd E. ilaterfi.eld, Jr., and @'avor Donild ii.
Phc)des.
ITM #2689
On mtion by Counciln-en Holland, seconded by Cc)unci@ Dusch, and by unanincus
vote, City Cc>uncil approved the Minutes of the @, @ar meeting of October 12, 1970,
and the reading of said 14inutes dispensed with, inasrmch as each CouncihTan had a
copy of said @@utes before him.
ITEM #2690
On rmtion by CouncihTan Ferrell, seconded by CouncilTnan Holland, and by recorded
vote as folla,7s:
Ayes: Counci@ Robert H. Callis, Jr., Robert B. Crormell, Jr., Frank A. Dusch,
F. Reid Ervin, George R. Ferrell, Clarence A. Holland, D. M,=ay Malbon, J. Curt-is
Payne, Vice Mayor Earl M. @ault, Floyd E. Ilaterfield, Jr., and Mayor Donald H.
Phodes.
Nays: @ne
City Council adopted on second reading the budget approved by the State for the
Departmnt of S6cial Services, but with six n@i positions rather than t-7elve, and
therpby approved an appropriation of $449,931 and an increase in estirated revenue
frcm federal and state gove@ts of $344,200. The remaining $105,731 will be paid
frorn General Fund Surplus.
ITIEM #2691
On rmtion by Counci@ lo7aLterfield, seconded by Council@ @ault, and by recorded
vote as follows:
Ayes: Counci@ Robert H. Callis, Jr., Robert B. Crom-7ell, Jr., Frank A. Dusc-h,
F. Reid Frvin, George R. Ferrell, Clarence A. Holland, D. @t=ay ila@n, J. curti-s
Payne, Vice @yor Earl M. Tebault, Floyd E. Waterfield, Jr., and l@yor DonaldlI.
Phodes.
Nays: None
City Council approved on second reading a loan in the amount of $8,000. to the Davis
Corner Volunteer Fire. Departmerit to be used in the purchase of alnarrbulance and
rescue ve-hicle.
I= 02692
On rnotion by Councilman Payne, seconded by Counci@ Dusdi, and by recorded vote
as follcws:
Ayes: Courici@ Rcbert H. Callis, Jr., Robert B. Crcmell, Jr., Frank A. Dusch,
F. Reid Ervin, George R. Ferrell, Clarence A. Holland, D. lt=ay @la@n, J. s
Payne, Vice @yor Earl @l. Tebault, Floyd E. Waterfield, Jr., and f4ayor Donald H.
Phodes.
Nays: @ne
City Council, on second reading, authori@ the City @@aaer, Mr. Roger Scott, to
enter into a construction agreen)ent in the arrount of $131,722. with Pobert R. D4arcTuis,
Inc., building contractor (la,, bidder for the ijqdrov@t of the third floor of City
Hall).
ITEM P2693
On rmtion by CoiincilToan rolbon, secondc,3 @v Councilman H,)lland, ancl by recorde-d votc-,
as foll@7s:
Ayes: Counci@ Robert H. Callis, Jr., Robert B. Crom7ell, Jr., Frank A. Dusc-h,
F. Reid Ervin, George R. Perrell, Clarence A. Holl@, D. lk=ay @Ialbon, J. CLirtis
Payne, Vice llayor Earl l@l. @ault, Floyd E. Waterfield, Jr., and Yayor Donald H.
Phodes.
Nays: @ne
City Council apprcyved on second reading the adjusted lcw bid of $138,673 @e by
Glaubke ConstrLiction y for the construction of the Munici,@l (7olf Course Club
House with the provision that th-e City have an option on $11,154.00 which is included
in the adjusted amunt and would cover base naterial ancl- spreading of that material
for the parking lot, and authorized the City 1,@ger to sign the contract on behal-f
of the City.
ITEM 02694
tlr. Ti.Tn Barrow, Urban Planner IV, City Planning Departnent, appealred before City
Council to @ier any questions they @ght have regarding the @, sville Future @d
Use Plan.
Mr. Sam Houston, Jr., President of Ridglea Civic @gue, appealred on behalf of the
area civic leagues and made a presentaltion regarding the Kem,)sville Future @d Use
Plan. A copy of 1.1r. Houston's presentation is on file in the office of the City Clerk.
Crn mtion by Councih= Ferrell, seconded by Councilman Frvin, and by recorded vote
as foll(I-is:
Ayes: Councilmen Robert H. Callis, Jr., Pol-,ert B ' Crcnwell, Jr., T-Ir@@ A. Dusch,
F. Reid Ervin, George R. Perrell, Clarence A. F-Tolland, D. Murray TAalbon, J. Curtis
Payne, Vice Yayor Earl M.-@ault, Floyd E. Waterfield, Jr., and llayor Donald H.
Rhodes.
Nays: None
City Council approved the folla,7ing application of the City of virginia Beach,
Departmc-nt of Plan--dng, for the K@sville Future Land Use Plan, a copy of which
is on file in the City Clerk's office.
Application of the City of Virginia Beacii, Departr@atit of Pla,,Iii@ng,
for the Future Land Use Plan of certain property boutided on the tlortl,,,
by the 'Iorfolk CI-UY Line and tlie Virgiiiia Boach-@'@orfolk Express@,!ay,
on the clast by Independence @@oulevard and Salem .-@oad, on the Sout-h by
the Chesapeake City Line and on tlie lelest by t!ie ,'4orfolk and Cf,,,@sapeake
City Lines. BAYSIDE A:@'D KE@'IPSVILLr- SOPOUG'iS.
The Planning Co.--,nissioi r@,co7i-.Aetids approval of t!iis Future Land Use
Plan as prescii'led by the Planning Departii,2nt.
I= f2695
Mr. Tim Barrow stated that the follming application of J.D.C. and C. K. P@@efeller
deferred for two weeks October 10, 1970, was inadvertently left off the agenda.
mason @ge appeared on behalf of the applicants.
on niotion by Counci@ Payne, seconded by Councilmn @ialbon, @ by us vote,
City Council deferred the folla,7ing application for a use @t for two (2) weeks.
Application of J.D.C. and C. K. Rockefellcr for a Lsc, Permil@ to construct 204
to,@iiiliouses and @06 apartments, totaling ,ro
. units o@Ee airFpro,-,Cr'y beginni@-ig
at a point 1-DO fect more or less of Clu@ liouse Poad and 1100@ fcc,@, more
or less Soutli of Lal,"ecrc!s'u Poad, ru,.iniiig a distance of 1150 fec,,t r.-ior-I or less
aloy)g tlie !,Iortfiern proplrty line, running a distance of 12E.S fec-t riore or less
along the Eastern proper'@Y linc, running a dis-Lance of 725 fect r.,ore or less
along the Southerr. prorertv lin@, and rlinning a distance of 1015 fect nore or
less along the liestern property line, of %,i@iicli 69-D fel't r@.iore or lcss is tlio@
tiort!i sid, of Fc,.rn @idae Poad ExtEnded. (Kiiins Pi,,Ms Pt)artf,-,Cnts Arc-.,a). P@l!,.'-
CESS A!'N7
,,7,-r,)vil of t!iis slj;)j:!C@ 'o
v,atcr aid se,,,icr as r,2qLleS@L'-'u' tli(2 Departi@iciit.
ITEM 02696
On rnc)tion by Counci@ Payne, secorided by Cc)unci@ Crcm,7ell, and by recorded vote
as follows:
Ayes: Oc)unci@ PObert H. Callis, Jr., Robert B. Crom,7ell, Jr., Frank A. Dusch,
P. Reid Ervin, George R. Ferrell, Clarence A. fiolland, D. lll=ay Malbon, J. Curtis
Payne, Vice Mayor Earl M. @ault, Floyd E. llaterfield, Jr., and @layor Dc)nald H.
Rhodes.
Nays: None
City Council approved the follaiing Ordiriance to amend Section 2-7 of the City
Code, providing for a regular rmeting for organizational purposes on the first day
of the nionth in ,7hich nevily elected council= take office.
NO. 303
AN ORDINANCE TO AMEND SECTION 2-7 OF THE
CODE OF THE CITY OF VIRGINIA BEACH; PRO-
VIDING FOR A REGULAR MEETING FOR ORGA-
NI7,ATIONAL PURPOSES ON THE FIRST DAY OF
THE MONTH IN 14HICH NE@4LY ELECTED COUNCIL-
MEN 'FXKE OFFICE.
BE IT ORDAINED BY THE COULICIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That Section 2-7 is hereby amended and reordained by
adding at the end thereof the following:
However, in the year of Counci-1 Election there shall be
a regular meeting for organizational purposes at 10:00 A.M.
on the first day of the month in which the newly elected council
takes office, unless such date falls upon a legal holiday, in
which case the meeting will be held on the next succeeding day,
which is not a legal holiday.
Adopted by the Council of the City of Virginia Beach, Virginia,
on the 26 th day of october 1970.
Ori -tion by Councilman TebELult, secorided by Counci@ Vlaterfield, and by recorded
vote as follcws:
Ayes: Councilm--n Robert H. Call is, Jr., P@t B. CrcInlell, Jr., Frank A. Dusch,
F. Reid Ervin, George R. Ferrell, Clarence A. Holland, D. @.@ay Malbon, J. Curtis
Payne, Vice @layor Earl M. @ult, Floyd E. Waterfield, Jr., and Mayor Donald H.
@odes.
Nays: None
City Cc)uncil approved the follck,7ing ordinance to and reordain Section 23-42
of the City Code, providing for the prohibition of o@tion of pool tables durinct
certain hours.
NO. 304
AN ORDINANCE TO A24END AND REORDAIN SECTION
23-42, CODE OF THE CITY OF VIRGINIA BEliCH;
PROVIDII,,Ig FOJ@ THE PROHIBITION OF OPERATION
OF l'OOL T,@"T i, S DtFi,,IFG @@iEs AT,-
COHOLIC BTL-,VER."GES MAY NOT BE DISPE@c@SED.
BE IT ORDAINED BY THE COUNCIL OF TIIE CITY OF VIRGINIA
BEACH, VIRGINIA:
No pool table located in any restaurant, tavern or
other business establishment in the City shall be open for
business during the hours when alcoholic b6verages may not
be dispensed, as established by the regulations of the
Virginia Alcoholic Beverage Control Board.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the 26 th day of October 1970.
IiL@ "2698
@ir. Owen Pickett a ed be@-ore Oc)u ncil stating that the folla,7ing amenclment to
the OrdinaLnce was made to elirunate a conflict bet7,,een the State statute gov@ncr
the hours under the ABC law in wlaich a business @y be open, which utilizies day-
1-ight saving time in lieu of standard tim.
On mtion by Counci@ Ferrell, seconded by Cc)uncilman Dusch, and bv recorded vote
as follows:
AyeS: Counci@ RObert H. Callis, Jr., Rc)bert B. Crmvell, Jr., Frank A. DLisch,
P. Reid @in, George R. Ferrell, Clarence A. Holland, D. @l=aly Malbon, J. Curtis
Payne, Vice 14ayor Earl M. Tlebault, Floyd E. Waterfield, Jr., and Mayor Donald H.
Rhodes.
Nays: None
City Council approved the following Ordinance to amnd and reordain Section 23-47 of
the City Code, prova-ding for the prohibi.tion of @uezation of shuffleboard or piriball
rmchines during certain hours.
ITO. 3 0 5
Al-4 OPDINAI@ICE TO ANTEND AND REORDAIN SECTION
23-47, CODE OF TIIE CITY OF VIRGINIA BEACH,
PROVIDING FOR TIIE PROHIBITION OF OPERATION
OF SHUFFLEBOARD OR PINBALL MACHINES DURING
HOURS 1\711-PN ALCOHOLIC BEVERAGES MAY NOT BE
DISPENSED.
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
No shuffleboard or pinball machine located in any restaurant,
tavern or other business establishment in the City shall be
operated or played during the hours when alcoholic beverages
may not be dispensed, as established by the regulations of the
Virginia Alcoholic Beverage Control Board.
. Adopted by the Council of the City of Virginia Beach, Virginia,
on the 26th day of October 1970.
Ill'@ll 'r2699
On mtion by Counci@ crcmvell, seconded by Counci@ Holland, and by recorded
vote as folla.,,s:
AyeS: Counci@ Robert H. Callis, Jr., B. Crcnwell, LTr., rr@ A. Dusch,
P. Reid Ervin, George R. Ferrell, Clarence A. Ilolland, D. l@urray M@n, J. Curtis
Payne, Vice Mayor Earl M. Ttbault, Floyd E. Waterfield, Jr., and llayor Donald H.
Rhodes.
;qays: None
CitY CIO-cil aPProved the following Crdinance authorizincr the issuance of @18,400,000
Schoc)l BOnds, subject to approval by the qualified voters.
AN ORDINANCE AIJTHORIZING TFIE ISSUANCE OF SCHOOL
BONDS OF THE CITY OF VIRGINIA BE-@CH, VIRGINIA,
IN AN AMOUNT NOT TO EXCEED $18,400,000,SUBJECT
TO APPROVAL BY THE QUALIFIED VOTERS
BE IT ORDIIINED BY TliE COUNCIL OF.THE CITY OF VIRGINIA BEACH,
VIRGINIA:
1. It is hereby dqtermined to be necessary and expedient for
the City of Virginia Beach to borrow money to finance, together with
other available funds, the cost of constructing, improving and equipping
school buildings, related facilities, and sites therefor, and to issue
its general obligation bonds therefor.
2. Pursuant to the City Charter and the Public Finance Act of
1958, as amended, there are hereby authorized to be issued school bonds
of the City of Virginia Beach in an amount not to exceed $18,400,000.
3. The bonds shall bear such date or dates, mature at such
time or times not exceeding forty years from their date, bear interest
at such rate or rates not-exceeding the maximum rate authorized by law
at the time the bonds are sold, be in such denomination and form, be
executed in such manner and be sold at such time or times and in such
manner as the Council may hereafter provide.
4. The Bonds shall be general obligations of the City of
Virginia Beach for the payment of principal of and interest on which
its full faith and credit shall be-irrevocably pledged.
5. The bonds shall not be issued until approved by a majority
of the qualified voters of the City voting on the question of their
issuance at an election to be held in the City.
6. The c,,ity Cl(,rk is hereby allthorizecl @ind directecl to cause
a certified coOY Of this OT-clizia,nce to be pres ented to the Cir@Lit Cotirt
2
of the, City of Virginia Beach or to a judge thereof in vacation. The
Circuit Court of the City of -Virginia Beach is hereby,requested to
order an election to submit to the qualified voters of the City the
question of the issuance of bonds provided for herein.
7. This ordinance shall be in full force and effect from its
passage.
Approved, I\Iovembf-,i- 1970
Mayor
(SFAL)
A=T:
O,n mtion by Co-il,-n @ault, seconded by t;lalbon, and by recorded
vote as folla@s:
Ayes: Counci@ Robert H. Callis, Jr., Pobert B. -11, Jr., Frank A. Dusch,
F. Reid Ervin, George R. Ferrell, Clarence. A. Foll&nd, D. -@rav @la@n, J. is
Payne, Vice flayor Earl M. Tebault, Flc)yd E. Waterfield, Jr., and llayor Donald 11.
@odes.
Nays: None
City Council approved the following Resolullion relative to an Inter-City Police
Service Agreement.
The regular meeting of the Council of- the City of Virginia
Beach, Virginia, iqas held in the Council Chambers of the Adminis-
tration Building of the City of Virginia Beach on imonday, October
26$ 1970, at 10:00 A,@l.
On motion by Mr. Tebault and seconded by Mr. @Lbon
the re@,ol.-,illion @7zis iinai.-iimoi-isly adoptcd.
R E S 0 L U T I 0 N
WHEREAS, by Chapter 3, Police and Public order, Sectioli
15.1-131.3, Code of Virginia, 1950, as amended, authorizes agree-
inents for cooperation in furnishing police services; and
WHEREAS, the governing bodies of the cities @f Virginia Beach,
Norfolk, Chesapeake and Portsmouth desire to join in an agreement
for cooperation in furnishing police services to their respective
political subdivisions.
NOW, THEREFORE, BE IT RESOLVED BY THE COUHICIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
1. The Council of the City of Virginia Beach, Virginia, approves
the purposes of this agreement to facilitate more effective police
services to the above mentioned political subdivisions.
2. That Roger M. Scott, City Manager of the City of Virginia
Beacli, be and hereby is authorized and directed to sign and execute
on behalf of the City of Virginia Beach the said agreement.
3. That Richard J. lqebbon, City Clerk, be and hereby is
authorized and directed to witness the signature of said City
Manager and to affix the official seal of the City of Virginia
Beach on said acreement.
I= '@'2701
On mtion by CounciLTan F=ell, seconded by Counci@ Holland, and by recorded
vote as follcws:
Ayes: Councilrmn Pobert II. Callis, Jr., Pobert B. Crcmvell, Jr., Fr@ A. Dusch,
F. Reid Ervin, George R. Ferrell, Clarence A. Folland, D. 1.4=ay t@lalbon, J. curtis
Payne, Vice Mayor F-arl M. Tthault, Floyd E. Waterfield, Jr., @ @layor Donald H.
Phodes.
Nays: None
City cbuncil,approved the followinq applicatic)ns for tax refunas in the amiu-i'@ of
$981.48.
],,iT,,Soll City Attcrni-,y
r),l t e Oct. 17, 1970
FRO@l: tlr. V. A. Etlicridge, Tceisurer
JECT: Applicativii for Tix Refu@lds:
lz;:cs totrling
ct--cLlfied Eor f)iiv@.notit. al; set L'OrL!t 'Delo1q:
Etheridze. Trei.@urer
i:ax f
Tax Type D@atL
-.Ticket zition
Name Year of T,3-' Paid Base alty
Nu,,aber No.
ernois, Omer S70-6@ RE S-70-68-4 9/29/70 12.38 18.5@ 30.96
ach Associates 1967 RE 3QO3 317 3/5/67
12.5.67 57.50 57.50
ach Associates. 1968 -RE 3026 1&2 270 6110/6
12/5/68 93.74 93.74
ach Associates 1969 RE 3125 1&2 271 6/1.0/69
12/5/69 707.98 707.98
:.t, Norman 1970 RE 48198 172 6/1/7-0 3.00 3.00
1--CI4:, Thomas 1968 RE 46973 267 12/5/68 6.42 32 6.74
n-7ick , Thomas 11968 RE 46974 266 12/5/68 2.65 2.65
tt, William E.11969 RE 5190@, 261 5/15/69 24.6b 24.60
unnar, Vivi.an 110,69 IZE 1 13117 1 /21 320, 5/21/699, 7.70
11 . 82 11/ 19 1'5
ur,'@mar,-Vivian 11970 1 RE 1 13489 39 7.70
130 6/4/70 8r, 9.86
I I -- - 6@75 36.75
vc tlf)Dliciti@n7
CiLy ,ttortiey
tY C I,-, k
on mtio,-i by Counci@.an Call is, seco@,ed by Counci@ F=ell, ard by record--d
vote as follows:
Ayes: @unciL,,en Pobert H. Callis, Jr., Robert B. Cr=,rell, Jr., FrarLk A. DLisch,
F. Reid Er-vin, George R. Ferrell, Clarence A. Holland, D. Murray @Ialbon, J. @s
Payne, Vice Mayor Earl M. @ault,'Floyd E. Waterfield, Jr., and Mayor Donald H.
Phodes.
Nays: None
City Council approved the folla,,7ing Pesolution to establish a Citizen Advisory
@ttee as ed.
The regular meeting of the Council of the City of Vir@inia
Beach, Virginia, was held in the Council Chanibers of the Adminis-
tration 1,3uilding of the City of Virginia Beach on October 26,
1970, at 10:00 A.M.
On motion bv @ir. Callis and seconded bv Mr. Fen-ell
the followi-ng rc@SOI-Uti.C)rl 17ar unanirously adopted.
R E S 0 1, U T I 0 N
WHEREAS, it is the desire of the Council to establish a
Citizen's Ad.visory Committee to be an aid in the orderly process
of government and community improvement.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
Section 1. That there is hereby established a Citizen's
Advisory Committee to serve in an advisory capacity to the Council.
Section 2. That the Chariman and such members of the Committee
shall be named by the Council of the City of Virginia Beach and
such members shall serve for a term of one year and not more tilan
two consecutive terms.
Section 3. That the Citizen's Advisory Committee shall be
c6mposed of fifteen (15) members.
Section 4. That the Citizen's Advisory Committee shall consider
only such matters that are referred by the City Council of Virginia
Beach and make recommendations on such matters promptly.
Section 5. That the members shall be representative, community
wide citizens of the City and shall serve without compensation.
Section 6. Tliat this resolution shall be in effect from and
after its adoption.
ITEti i2703
Cn @on by Crurc, j-,Tol_l s- ed hy counc CRCMN@, and by recarded
vote as fol-lows:
Ayes: cc)unci@ E. @is, Jr., Rcbert B. Cr@,7ell, Jr., FraxLk A. Dusch,
F. Reid Ervin, C@-e R. Ferrell, Clarence A. Holl@ , D. @-'=ray Y@n, J. Curtis
payne, Vice l@layor Earl M. @ult, Floyd E. Waterfield, Jr., and !@layor Donald H.
@es.
Nays: None
Dae to the increased prices on the lq7l niodels and the discontinued T)ractice of
all@g fleet discounts to the city, CitY Cc)uncil apprc)priated $4,079 for the
purchase of vehicles approved in the 1970-71 budget. $3,620 will be transferred
frcm RLserve for Contingencies, and the requir@t of $459 in t:he 1,7ater & Se,7er
will be a@priated frorn surplus.
=4 @,2704
on Tnotion hy Councilnan Fer-rell, seconded by Coiancilm-in rusch, and by re-cordecl vot(-,
as follows:
.Ayes: Counci@ Pober-L H. Cal-lis, Jr., Rcbert B. @,,ell, 7r., Frank A. Dusch,
F. Rp-id Ervin, George R. Ferrel-1, Clarence A. Holl@, D. T.'trray F@n, J. Curtis
Payne, Vice Yayor Earl M. @ult, Flcyd E. liaterfield, Jr,., and i4ayor Do@d H.
Phodes.
Nays: None
CLty council authori@ the City Manag-, @ir. Rocrer Soc)tt, to enter into acrre@ts
for the purchase of pro,@ avned by the Norfolk-Southern Paill,7aY @v at
@ville, and app@@ted $50,000 for this p=&-ase.
=@ #2705
Tirs. Florence Turner appeared on f of the Vixcimia Beach Art @iuseun.
ahe a.@inttent of s to the of Directors of the Vircrinia Beach Art
1,@un was deferred for further consideration.
@ #2706
Cn rnotion by Counci@ Cr@7ell, seconded by Counci@ Tebault, @ b-v recorded
vote as follrws:
Ayes: Cc)uncilmen Robert H. Callis, Jr., PObert B. Crcm,.,el-1, Jr., @@ A. Dusch,
F. @d Ervin, Georcre R. Ferrell, Clarence A. Follard, D. tarrav i@n, J. s
Payne, Vice Ivayor Earl M. @ult, Floyd E. Waterfield, Jr., and llayor Donald H.
@odes.
Nays: None
City Cc),mcil elected to have closed Tr@etings Nov 2, 1970 @ No-,, 9, 1970,
to discuss personnel and legal @tters, as pE,=,@tted by the Code ol- Virginia.
on mtion by Councilman Ferrell, seconded by Councihnan Holland, the reetj-ng adjourn@
Do
City of VirgiT,-ia Beach,
Virc.,inia
octcber 26, 19-/0