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AUGUST 21, 1972
bIINUTt:S OF TIlE I!©~,~ll)RABLE CITY COUNCIl, 01:' TI IE CITY OF VIRGINIA BI:ACH, VIRGINIA August ~], ~ 1972 ~.T. he regular meeting of the Council of the City of Virginia Beach, Virginia was aid in thc Council Chambers in the Administration Building in the Borough of rincess Anne, on Honday, August 21, 197~ at 10:00 a m The invocation was given by the Reverend Nilliam Hedrick, First Presbyterian Church, Vifginia Beach, Virginia. Councilmen present: John A. gaum, Robert Il. Cai.].is, Jr., Vice Hayor F. Reid Ervin, George R. Ferrell, Ch. arles W. Gardner, Clarence A. Holland, D. Murray Malbon, J. Curtis Payne, Mayor Donald 1~. Rhodes, and Floyd E. Naterfield, Jr. Councilman absent: Robert B. Cromwell, Jr. ITEM It4953 , On motion by Councilman Payne, seconded by Councilman Gardner, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert Il. Callis, Jr., Vice Hayor F. Reid li:rvin, George R. Ferrell, Charles W. Gardner, C]a~-:.nce~-~e A. Holland, D. Hurray }4a!bon, J Curtis Payne, Mayor Donald H. khode.,, and Floyd E. NaterfJeld, Jr. ~ys: None Absent: Councilman Robert B. Cromwe].l, ,Ir. C.~.ty Council approved the Minutes of the Regular Heeting of August 14, 1972, and the reading of said Hinutes dispensed with inasmuch as each Councilman had a copy of the subject Minutes before him. ~ ITEH #4954 Mr. Johnny Ball appeared on behalf of the Virginia Beach Pile Drivers, "World Champions" in slow-pitch softball~, stating the accomplishments of the team. Hayor Rhodes presented the :following Resolution of Commendation to the team- members of the Virginia Beach Pile Dr~.vers: RESOLUTION OF C O H M E N D A T I O N WttEREAS, in September, 1971, the Virginia Beach Piledrivers, a slow-pitch softball team, was the first southern team to become the National Champions of sl6w-pitch softball, and WHEREAS, winning th,is Championship qualified the team to play in tile World Series of slow-p~tch softball, and WHEREAS, the Virginia Beach Piledrivers, having played in and won the World Series in McAddinville, Horth Carolina, on July 22, 1972, are now the WORLD CHAMPIOIiS OF SLOW-PITCH SOFTBALL, and NOW,THEREFORE, BE IT RESOLVED, that the City Council of the City of Virginia Beach, Virginia, wishes to extend sincere congratu- lations and appreciation to the VtP, G~NIA BEACH PILEDR!VERS, 'For the honor that this outstanding team has brought, to the City of Virginia ~,~ch~ , and BE IT FURTHER RESOLVED, that the City Clerk be directed to spread a copy of this resolution on tile minutes of this day's meeting. GIVEN under my hand and seal this lqtb day of August, 1972. Donald tl. Rhodes, Mayor {},"..~'~a~ce {~f' ~-~"'~x:,..,s~; /,~::'~ ~:,:',~n~;~, '."~'"/:~'.~;-:~, !"~:,~,';~x ~, icc'~{,n ) and S,~ction ~'~ ~" ......... ~cn'~ detailed i~'~forma'tion i~ ava'~la['~ in ti~':~ ~N-:"~:icc~ oi::: the [;~<:part~m% oi: City P1 annl l' tie Planning C(;;nmission recon~'.,ends a,~,;proval of this m~.~endmeni; to the existing zening ordinap, ce. ,..n motion by Councilman Holland, seconded by Councilman Gardner, and by record( vote as follows: Ayes: Councilmen John A. Baum, Robcrt H. Callis, Jr., Vice Mayor F. Reid Ervir. George R. Ferrell, Charles W. Gar&5. er, Clarence A. Holland, D. Murray Malbon, . Curtis Payne, Mayor Donald It. Rhodes, and Floyd E. Waterfield, Jr. Nays: None Absent: Councilman Robert B. Cromwell, Jr. City Council approved the application of the City of Virginia Beach to amend and reordain Master Zoning Ordinance to Princess Anne County, Virginia, Appendl B, Section I and Section 6 and the Master Zoning Ordinance of the City of Virginia Beach (Borough of Virginia Beach) Section I and Section III, Subsecti~ E relating to townhouses as follows: rlqlat Section 1 of '~.Laster Zoning Ordinance of Princes8 County, Virginia and Section 1 of the }Iaster Zoning Ordinance of the City of Virginia Beach (Bgrough of Virginia Be. ach) is hereby -amended and reordained t° read as fo!lc~s: TO~-~q{0USE: A single family al,rolling constructed as part of a aeries of dwaltin.qs, each with a seI~srate' _ ground entrance and with '~-~' the o~ound all of which are either attached t:o'the adjacent dwelling or dwellin.gs b~ party walls ...or located i~ediateiy adjacent thereto with no ~isib~e separation o:f walls or .roofs. That Section 6 of the Master Zoning Ordinance of Princess 'Anne County, Virginia and Section !Ii~ Subsection E of ~he .... 14aster Zoning Ordinance of the City of Virginia Beach (Borough · ----of Vzrgzn~a' Beach) is a~ended dud reordained to read as follow: ..... Add the x~ord "~ownhouse." -- }~. A~a tlegnlatloas ,. 'In addition, the zninimum allowable lot of record for townhdu~se unit shall contain t400 square feet and the -mininxur~ lot width shall be 14 feet. The average 10t size for all lots in any one townhouse project shall equal 2500 square feet. ' The maximum number of townhouse units thmt n~ay be a~tacaed in any one group and ~thout the. required side yard is 9 units. SETBA. C;KS The front yard setback for townho~se units shall be 30 feet:, i side yard area is not req~ired for individual at~ach~d townhouse units; however, a 10 foot side yard ~-d'-' .... ',- i~; rc. cui:ed for al.t ~.d units and a ZO foot side c ~ >i 15 foot .rt:ar ,.,'a::d :;.~[back i:; required for tack tc>':ennouse units. ann'~ng. (f~e~ency-Washi n~ton The Pla~np, ing Cc:'.:'~aiqs'ion recc?~'?t:ds apprnv..'.,l of this request subject to City wahcr and sewer required I~V t,[~ [1eaith L]ep:~ptment. il~e Engineerinf4 Division requirc~:.; s~ .... d,.,,a si*~ plcm 'F~:~quir:zr~en'ts: t'F aroposed streets are to be dedic~l:ed, public vi,<~hts of' ~':~y ,z~eto;,:~ un ~. plans st~l I confon'..~ to 'the Subdivision Ordinztnc?i 50-fool drainaq.:: e?.'-:e'.'~ent shall be required along the sout[~:zrn properly lines. 'i'~e i;:o'Cion fcq' a~'TT:raval su99ests participation in school si'Lc acquisition, lhe ;¢~otion c'cte't~d 'abe 59.-fcot :;etback from the mav-sh or toe of t1~e slope t'in:~ r.:~c:~:;~::~n~J:,:d by the Soil Conservation Office. Hr. Wayne bicLeskey appeared on behalf of his own application. }..ir. Sam ltoust, on, Sr. appeared on behalf of the Council of Civic Organizations in opposition to the above application. Councilman Baum made a motion, which was seconded by Councilman Gardner to approve the above app]ication of Lynnhaven Building Supply Corporation for a Use Permit to construct 1.2 apartment units per acre and 9 townhouse units per acre on certain property located on the North and South side of Westminist~ Lane, West of Regency Sections III and IV and East and South of Washington Square Townhouses; plats with more detailed information are available in the ,d~ffice of the Departme, nt of City Planning, (Regency-Washington Square Areas) ynnhaven l~oreugh; subject to s2x (6) acres recreation as set forth on site 1.~,n; subject to a SO-foot 'set back from the marsh or toe of tho slope as r~commended by the Soil Conservation Office; subject to City water and sewer as required by the Health Department; subject to standard site plan require'- merits as required by the Engineering Division-Department of Community SeTvices if proposed streets are to be dedicated, approval is subject to publi, c rights of way development plans conforming to the Subd~ivision Ordinance; subject to a 50-foot drainage easement along the southern property lines and further sub- ject to participation in school site' acquisition. ITE;,I ~,'4956 (bi Vice Hayor Ervin made a motion, wh:ich was seconded by Counc±lman Baum, to amend the previous motion by the inclusion of a maximum density of 466 units. Recorded vote on the amended motion a.s follows' Ayes: Councilman John A. Baum and VJce Hayor F. Reid Ervin. Nays: Councilmen Robert It. Callis, Jr., Geor~~ R. Ferrell, Charles. W. Gardner Clarence A. Hol]and, D. Murray Malbon, J. Curtis Payne, Mayor Donald H. Rhodes and Floyd E. Waterfield, Jr. bsent: Councilman Robert B. Cromwell, Jr. ~he motion to amend was lost. ITEH #49S6 (c) Recorded vote on the original motion made by Councilman Baum and seconded by Councilman Gardner as follows: Ayes: Councilmen John A. Baum, Robert ti. Callis, Jr., Vice Mayor F. Reid Ervin, George R. Ferrell, Charles W. Gardner, Clarence A. Itolland, D. Hurray Malbon, J. Curtis Payne, Mayor Donald H. Rhodes, and Floyd E. Waterfield, Jr. Nays.: None Absent: Councilman Robert B. Cromwell, Jr. City Council approved the above application of Lynnhaven Building Supply Corporation for a Use Perm~.t to construct. 12 apartment units per acre and 9 townhouse units per acre on certain property located on the North and South side of Westminister Lane, West of Regency Sections tli and IV and East and South of Washington Square Townhouses; plats with more detailed information are available in the Office of the I)epartment of City Planning '-'Regency-l?ashington Square Areas) I,ynnhaven Borough; subject to s~x (6) acres ecreation, as set forth on .site plan; subject to a 50-foot set back from the tarsh or toe of the slope as recommended by the Soil Conservation Office; subject to City water and sewer as required by the Health ])epartment;. subject to standard site plan requirements as required by the Enginee. ring Divis4, on- Department of Community Services; if proposed streets are to be dedicated, approval is subject to public rights of way development plans conforming to the Subdivision Ordinance; subject to a 50-foot dra.~nage easement a~ong the southern property lines and furt]~er .subject to participation in school site acquisition. ' -. ' .... .,~,.,-'~-'~ ~ ;q :',~ti c ~V~::','~ :,a ~'*' ~' .... r, , .... ,., ' " 215 aio;'~c~ ~,:~ L,.m~ ....... p~'o~erLy li;~e. ~,:, ...... att Lots I and ll, 17-.,q C~:(.~,a.n ;.~c{':c,i, Said ~at-ce~ con~,:.~n~, 10,750 ,: .... ;' feet. (~raatan Area) ....... ':' ' .... The Planning Cc;~'~:fi-¢'::,,~on recol~':,,e.~ds denial of this t,Cst.,~.~t": ' ,,-,- as this chan~e,, of zoni"~ would const~tt~te spot zm'ling. Upr~usition of the residents c>f' the Mr. Gomez indicated that he had received a communication from Mr. Parker requesting, deferral of the above application. Mr. Edward Caton, representing Croatan Beach Civic League, appeared in opposit~ to the above application. On motion by Vice Mayor Ervin, seconded by Councilman Gardner, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert lq. Callis, .Jr., Vice Mayor F. Reid Ervi~ George R. Ferrell, Charles W. Gardner, Clarence A. Holland, D. Murray Malbon, ~ Curtis Payne, Mayor Donald H. Rhodes, and Floyd E. Waterfield, Jr. Nays: None Absent: Councilman Robert B. Cromwell, Jr. City Council denied the above application of John N. Parker for a Cha_n_ge of Zoning from Residence Suburban District 3 (R-S 3) to Residence Duplex District 2 R(~-:--~ 2) on certain property located on the Northeast corner of Mary]and ..~venue and Atlantic Avenue, running a distance of 50 feet. along the East side f Atlantic Avenue (Croatan Beach Area). ~ ITEM 1/4958 ^pplication of Vir~!inia Beach Ccm',~unity Chaim'i fcm a !i~;e Pemi'~, for an addition to the ex! st i ng Vi rg'~ ~'~i a ~each Cc,::';,?t,mi ty G',urch on ce~:'i~:~iT-q~[:('~'~rty begi nni ng .,t~,~ce oi' 344.~''' ~,~J.~,u i~'::et Yf~S't O'f kod ~,.o;.~itl P~,:d ~'U~i~lirF~ a di~''' 'feet atonq the South side of Laskin ~oad, ru:minq a 6is~:a'.:ce of i67 feet along the Wes'c. et:m prop,:~r[:y I ~ne. rt.mnim~ a d]st~:~nce o'f 3~4.53 feet a']o~'?[ the Souther~ pra~)ert'~.' i iue /-md rn;'~[~ir:(~ a d'l~:./a~,,t'~ce of' !7!.!2 'feet alc:rg the [l~:~tern property li?:e, Said parcel c:;:~atatns 1.3 ceres ~;w~r'c-: cr less. (2';rdneck Acres Area). l'he Pie;ming Commission recommends approval of this ..... '.q',', -' subject to standard Ayes' Councilmen John A. Baum~ Robert I!. C/~l]is, .lt., Vice klayor F'. Itc.i..d EryC: George R. Ferrcll, Charles W. Gardner, CJarence A. tiol!a, nd, D. ~k~rray ~'ia!bon,. Curtis Payne, Mayor Donald H. I(hode$, and t:i. oyd E. h'aterf'ie]d, .Jr. Nays: None Absent: Councilman Robert B. Cromwell, Jr. City Council approved the above application of Virginia Beach Community Chapel for a Use Permit for an addition to the exJ. sting Virginia Beach Community Chur( on certain property beginning at a point 203.25 feet West of Red Robin Road, running a distance a dj. stance of 344.58 feet along the South side of Laskin '"Dad, running a distance of 167 feet al. ong the Western property line, running distance of 344.58 feet along the Southern property line and running a dis- _snce of 171.12 feet along the Eastern property line. Said parcel contains 1.3 acres more or less. (Birdneck Acres Area); subject to standard site plan requirements. ITEM #4959 ^ppllcation of gay -~?':'' ~ ...... - " C,,,,,),hg for a tko, x,':~t far recreat'~onal~ and mo'Lop vehicle sales and~.,t.o,' ~',~..~ce ama on cartain'"m;(;:?((;'~:t~F)oc~?~'.ed, on the S~uth side of Bonney Road between Chestnut Street and ¢utt. ernut Lane. Parcel l: On certain property located on the Southeast corner of goamw Road, running a distance of lt0 feet along the East side of Street, running a distahce of l~0 %':et along the Southern m'operty line and turin'lng a distance of 94 feet along ihe East;err~ ppnpeYty line. Said lo%:; are l(nm,m as Lots l, 2, 3, Block A,. Plat of Jacksondate and contains 14~2Og square feet. Parcel 2: On certain F}mper~v loc~b2d on the Southwest corner of Second Street and Butternut Lane, running a distanca of 1/~0 feet along t!~e Sm}th side of Second Street, running a distance of 15<) feet almn~ tlm U':~st side of ~]uti';ernut Lane~ punniug a distanca o'f 140 'Font alung the Sc*%hara ~rci::~:rty li~t. ami runn- ............... ~,,,, ~,.,~ B'l C Plat of J~ckm:mdaYe and con- xZ,o03 sqaa~ 'feet. pm.,c~l 3: On certain prt;perty located at the Street and the Virginia l!'e¢ich-~iorfoik Expressway and dist/.mce of fi.2 'fec. t along tim llorthm'n, i~v2p(trt~ l-l,ne.' Said F, ar'col is triammlar Mr. Andrew Fine appeared on behalf of the ap'plicant. On motion by Vice Mayor Ervin, seconded by Councilman Mall)on, and by recorded vot:e as follows: "-),es: Counci]men John A. Baum, Robert H. Cai. lis, ,Jr., Vice Hayer F. Re:kd Ervii cargo K. Ferrell, Charles W. Gardner, Clarence A. ttolland, ]). blurray Halbert, ate~ .~.i eld, urtis rayne, Mayor ])ona]d I1. Rhodes, and ]:loyd E. i~' -"~: Jr. Nays: Absent · None Cotmcil. man Robert g. (]romwel]., 3'r. City Council approved the above application of' Bay Camping for a Use Permit for 'recreational and motor vehic]e sales and storagc area on certain property located on the South side of Bonney Road between Chestnut Street and Butternut Lane, Lynnhaven Borough; subject to a dedication of right of way 50 feet from the center line of the ex~st.i, ng 50-foot right of way along the ]45-foot more o~ less frontage on Bonney Road (a 5-foot dedication); subject to the developer posting a recognizance bond with the DepartmenL of Community Services for the necessary engineering improvements and recording same in the Off,ce of the Circuit Court Clerk; approval is further subject to site plan review. ITEM ~t ~ 4.960 Application of ~ational Society of Vo'~unteers of A~erica for a Use Peri,it to operate a nan-r)ro'fit i~is~it~d:ion (i'n!'~-:'.';~n d[~w:~lo~;:';:?nt center) to care service, child develewmnt ~e}w~cc, adult~ e~;~ucation service, after school care, vocatioaai counsel i~:~ servi ce, fi hanoi a) cmJ~sel in~ servi ce, er?loy?)ent counseling service and s<.:mior citizens service aa certain prop~::rty located on the South side of Atlan .~s ~;r'~ve in of the Atlantis /~partmcn%s, Inc. P'l::~'~;t; with r;r);'o detailed infom~ation available in l:he Office o?' the l]epartaent of Ci%v PI;aritho. (Seatack Area) The Planning Cor..~',ission reco¢.~F:ends api:.~rovat of this reques't subject to st. andard s'Jte plan Mr. Fredrick H. ttodges appeared on behalf of the applicant. On motion by Vice Mayor Ervin, seconded by Councilman Malbon, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Vice Mayor F. Reid Ervi:r George R. Ferrell, Charles W. Gardner, Clarence A. Holland, D. 5{ur'ray Malbon, Curtis Payne, Mayor Donald It. Rhodes, and Floyd E. Waterfield, Jr. ays: None ..bsent: Councilman Robert B. Cromwell, Jr. City Council approved the above application of National Society of Volunteers of America for a Use Permit to operate a noi{-profit institution (human develop- ment center) to include home care service, child, deyelopment service, adult education service, after school care, vocational counseling service, £inancial counseling service, employment counseling service and. senior citizens service on certain property located on the South side of Atlantis Drive in the area known as the Community Build.ing of the Atlantis Apartment.s, Inc.(Seatack Area) Lynnhaven Borough; subject to standard site plan requirements. A~plication of to..::: A, 5i'ffo;,'d for a U':',? P,'m~it to c,',n~:~truct 34 townhouse~ on Parcel 1: Use i'er?dt to c~?nstmJct !i to',.,ni~euse~: On cert~.'~n property located at th? Hortheast corne~ of ~:::,n~t~on ~]r!v('~ ~.nd []r'~;~-~ C~[;tle Court, runnin~:~ a d~stance of 3!t'; f','et ~ore o'r less a'io~q 'the ?~orth ~'i:i,,~ of [;ru~ Castle ' i , :'?~ r~'~'~,, r? ..... ' '~ runn'infi a d~s"~.a!ice ~',f l'~'.,., '~:('~.'~' aion~ .~ ~,; a distance of ~Yli~; f:z,:t aloi~q '{:he ~.iortl~:n'n proper, i;y 'line and running a disiance of 147 feet along the Easl;ern property 'line. Sa'id parcel contains 0.929 acres. Parcel 2: Use ?evmit to co,~'mtruct 10 to'.4nhouses: On certain property located at the Northwest corner of ~onation Drive and East I~,oneygrove Road, running a distance of 125 feet m::~re er 'l~3s alenq the Uest side of Donat. i'o~ Drive, runn- ing a distance of 22iS 'feet )~i'e or less along the l~orth side of East Honeygrove Road, i"unning a <!ist2~ce of '1~]5 'Feat 'a!oi'~n the Uestern r]roperty line and runn- ing a distance o-F' 323 feet along the i;<)rthc, rn proFerty line. Said parcel contains 0.829 acres. Parcel 3: Use Pem~it to cen~;tri!ct 13 t~.~'~,:nhouses: On certain property located at the Southwest corner of ~']-',ation Drive mvl East l~o~'?~grove tl~]~d, runnin~ a distance The Planning Co~;~l!zsion recommends approval of this request sub~ect to a inodification to ii~cl:ude a frown each of the t~me~'~ parcel::',, EnCFine?r'ii';g D'ivis'ion requires standard e . ~ recreation area be ~u?;gests participation in school site acq~isit-ion. · . Lee Gilford appeared on'behalf of his own app]ication. Mrk. paul Brown appeared on behalf of the Witchduck Civic League opposing the requested density. Mrs. ,June Myers front the Witchduck Civic League appeared in opposition to the requested density. ~ Mr. Sam Houston, .Sr., 'representing the Council of Civic Organizations, appeared in opposition to the requested density. On motion by Councilman Holland, seconded by Counci]man Ferre]l, and by recorde vote as follows: Ayes: Councilmen John A. Baum, Robert H. CallJs, Jr., Vice Mayor F. Reid Ervin George R. Ferrell, Charles W'. 'Gardner, Clarence A. Itolland, D. Murray b~albon, J Curtis Payne, Mayor Donald Ii. Rhodes, and Fl. oyd E. Waterfield, Jr. Nays: None Absent: Councilman Robert B. Cromwell, Jr. City Council approved the above application of Lee A. Gilford for a Use Permit to construct 28 townhouses on certain property located East and West of Donati, Dr ive: Parcel 1: Use Permit to construct 9 townhouses: On certain property located at the Northeast corner of Donation Drive and Drum Castle Court, running a distance of 135 feet along the East side of Donation Drive, running a distance of 218 feet along the Northern property line and running a distance of 147 feet along the Eastern property line; said parcel contains 0.929 acres. Parcel 2: Use Permit to construct 8 townhouses: On certain property located at the Northwest corner of Donation Drive and East Honeygrove Road, running a distance of 125 feet more or less along the West side of Donation Dri. ve, running a distance of 226 feet more or less along the North side of East Honeygrove Road, running a distance of 185 feet along the Western property line and running a distance of 313 feet along the Northern property line; said parcel contains 0.829 acres. Parcel 3: Use Permit to construct ll townhouses: OB certain property located, at the Southwest corner of Donation Drive an.~ East Honeygrove Road, running a distance of 249 feet along Lhe West ~]de of Donatlon Drive, running a distance of 200 feet along the South side of East Honeygrove Road, running a distance of 329 feet along the Western propert line and running a distance of 222 feet along the Southern property line. said parcel contains 1.102 acres (Old. Donation Manor Area) Bayside Borougl Approval of the above application is subject to standard subdivision require- ments as required by the Engineering Division; subject to open space and recreation area being provided as required by the Recreation Department; and approval is further subject to participation in school_ site acquisition ITEM #4962 running a d~ist:~nce o'F 13] 'Fat~t alc~ the Faste?n ~re?erty line, running a dis- tance o'F GO i'met along the Sot~tl'?]rn pv,.~yerty 'line end Funning a distance cf !39 fc?.~t aior~g the We~;ter~ prol;,erl:y 'ti~e. Said parce'l is k;](:~wn as Lots 22 and 24~ ~ack 44, Virginia ?.:u:ch U:welopment Corp., ;~kq} 6, and contaias 78~]:0 square feet, VIRGINIA [~EA(;tl [:.O;qOUGH, ~. The PI:tuning Cu:~missie, n recon~T~ends approval of thi~ request subject to standard b~i t d'[ n~S must c~'Form to ~ui 1 din-' Cede ;<eSTUl a't~ (:.n:], Mr. Gomez indicated that he had received a letter from Hr. Joe Canada request- ing withdrawal of the above application. On motion by Councilman Callis, seconded by Councilman Waterfield, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Vice Mayor F. Reid Ervi~ George R. Ferrell, Charles W. Gardner, Clarence A. Ho_lland, D. Murray Halbon, Curtis Payne, Mayor Donald II. Rhodes, and Floyd E. Waterfield, Jr. Nays: None bsent: Councilma'n Robert B. Cromwell., Jr. City Co,mc:il approved thc ~,~: i'~drmCal o:C the above application of Hargaret B. Lies f'or a Usc Perm:it for : ~,~t'~;ery (baby sil:t:ing service) on certain property be~l]mtJnil a-~'"'[l-"]~'~"i.-~-'[---[30 [~,::.~ tl;:~st of Baltic Av<:nue; :~i<.! parcel is known as I,ol::4 22 am] 24, l';]ock 44, VJ r~lli]lJa I';c~c]~ l)evclol>ment Corp., Map 6, and con- tTEH tY 4963 a dfs~a:lce o'f '~54.37 f'c:c:'~ ~'~:'~9 i;he Sf)t~i,?c~'tt l~r~;pcY'i:y 'llne ,:,.nd running a distance of 1Z~O fee~ alc~U the l;?'..:ter~'~ pro?ert.v 'i~ice. Said t',arce'I c:~:~¢:nin~ 23,250 square The Pl~nning Co~:.~qisston r~cor'~'~ends d~:,ial of this request due to the opposition of th~ resid~n%s of the arc~a. Mrs. Mildred Thomas, representing Sherry Park. Women's Club, appeared in opposition, t.o the above application. Mr. Gomez indicated, that they had received a letter from the applicant requesting withdrawal of thc above application. On motion by Councilman Ferrell, seconded by Councilman' Gardner, and by recorde vote as follows: Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Vice Mayor F. Reid Ervi~: George R. Ferrell, Charles W. Gardner, Clarence A. Holland, D. Murray bialbon, J Curtis Payne, Mayor Donald 1I. Rhodes, and Floyd E. Waterfield, .Jr. Nays: None Absent: Councilman Robert B. Cromwell, Jr. City Council denied 'the above application of Pizza's of Hampton, Inc., for a Use Permit for danc]ng and live entertainment on certain property beginning at a point 1.50 feet East of Sandra Lane, running a d2stance of 154.37 feet _along the South side of Indian River Road, runn2ng a distance of 150 feet long the Eastern property ].]ne, running a distance of 154.37 feet along the outhern property line and running a distance of ]50 feet along the I~'estern property line. Said parcel contains 23,250 square feet more or less (indian River Estates Area) Kempsville Borough. The above application was denied due to the traffic that would be generated from the place of entertainment in an a. rea already heavily traveled by cars and. children on foot. ITEM #4964 On motion by Councilman Gardner, seconded by Councilman Payne, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert lt. Callis, ,Jr., Vice Mayor F. Reid Ervi~ George R. Ferrell, Charles W. Gardner, Clarence A. Holland, D. Murray Malbon, Curtis Payne, Mayor Donald II. Rhodes, and Floyd E. Waterf~eld, Jr. Nays: None Absent: Councilman Robert B. Cromwell, .Jr. In conjunction with th.e proposal of Public Administration Services for a study of the revenue structure and the fJnanc:ial planning of the City of Virginia ~each as they relate to the deve]opment of the City and provision of municipal ervices ;~ccepted by City Council on At!gu>:t 14, 1[)72, City Cot~ncJ] approved on econd readi, ng nn at.)l)ropriat:ion ]n the ~,~not~nt o:5 S16,000. as the max] mum cost of services to be perJ:ormed by ])ub]Iic Admi. ni:,tratJon Services in the proposed Cost Benefit Study. 4965 On motion by Vice Mayor ]irvin, seconded by Councilman Gardner, and by recorded vote as follows' Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Vice bIayor F. Reid Ervi~ George It. Ferrell, Charles W. Gardner, Clarence A. Itolland, D. Murray bialbon, Curtis Payne, Mayor Donald It. Rhode,~., and Floyd E. Waterfield, Jr. Nays: None -&bsent: Councilman Robert B. Cromwell, Jr. ity Council approved on second reading an appropriation in the amount of ~2,200. from the Reserve for Contingencies to purchase from Mr. John W. Nelson the right of way for the curve at 58th Street and Holly Avenue which presently encroaches on Mr. Nelson's private property. (COUNCIl, MAN CALLIS LEFT THE COUNCIL CHAMBERS) ITEM #4966 On motion by Councilman Ferrell, seconded by Councilman Gard.~er, and by record~ vote as follows: Ayes: Councilmen John A. Baum, Vice Mayor F. Reid Ervin, George R. Ferrell, Charles W. Gardner, Clarence A. Ho] ]and, D. Murray Malbon, J. Cur-tis Payne, Mayor Donald H. Rhodes, and Floyd E. Waterfield, Jr. Nays: None Absent: Councilmen Robert H. Callis, Jr. and Robert B. Cromwell, Jr. .... ~t the close of business on June 30, 1972, the CSty had outstanding purchase rders totaling $466,386. This represents purchases which had been contracted or, but for which bills had not yet been received at the close of the fiscal ~ear. Since these contracts will be paid in the Fiscal Year 1973 budget, City Council approved on second reading the. reappropriation of the unexpended budgetary balances from the Fiscal Year 1972 as follows: General Fund Water & Sewer Fund Data Processing Working Cspita'l Fund Virginig Beach Special Revenue Fund Total appropriation $425,040.00 40,507.00 650.00 189.00 0 0 ITEM #4967 On motion by Councilman Gardner, seconded by Vice Mayor E. rvin, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Vice Mayor F. Reid Ervin, George R. Ferrell, Chortles W. Gardner, Clarence A. l{olland, D. Murray Malbon, J. Curtis Payne, Mayor Donald Il. Rhodes, and Floyd I!. l%~aterfield, Jr. Nays · None --'bse. nt: Counci]men Robert H. Ca]lis, ,Tr. and Robert B. Cromwell, Jr. ity Council approved on second reading a contribution to the Drug Focus Comm2ttee :i~ tl~e amount of~.$350 .00 to cover c. er't-~in clerical cxle~ses~ ~ ~ necegsa~'y for their contint~ed operation. This contrSbution is funded as a "contrSl)t~.tSon to []~e ]~rug Focus Committee" "in b,~dget Account #1010-521, and is st~b.iect to },oar end audit. 11TEH #4968 On motion by Councilman Gardner, seconded by Councilman Malbon, and by recorde~ · vote as follows: Ayes: Councilmen John A. Ba. um, Vice Hayer F. Reid Ervin, George R. Ferrell', Charles W. Gardner, Clarence A. t-iolland, D. Hurray Malbon, J. Curtis Payne, Mayor Donald lt. Rhodes, and Floyd E. Waterfield, Jr. Nays: Non e .~!~sent: Councilmen Robert H. Call/s, Jr. and Robert B. Cromwell, Jr. [ty Council approved a correction to the Minutes of August 7, 1972, Item No. ~892. The corrected motion reads as follows: City Council unanimously approved Phase III, Oceana West Industrial Park and granted permission to the Virginia Beach Industrial Develop- ment Authority to sign agreements in its behalf for property; subject to the approval of the City Attorney. In addition the City Council approved a loan commitment by the City for the sum of $812,000 to the Virginia Beach Industrial Authority, of which $2S0,000 must be met by the end of the calender year 1972 and $562,000 by January 1, 1974, the loan is to be made from excess capital funds. The loan carries an interest rate similar to current market interest rates o:n City Bonds, plus 1/2 of 1 percent. (COUNCILMAN CALLIS RETURNED TO COUNCIL CHAHBERS) ITEM #4969 On moti-on by Vice Mayor Ervin, seconded by Councilman Gardner, and by recorded vote as follows: -";~es: Councilmen John A. Baum, Robert ti. Call/s, Jr., Vice Hayor F. Reid Ervit eorge R. Ferrell, Char[les W. Gardner, Clarence A. HoWl. and, D. Hurray Halbon, ~ urtis Payne, Mayor Donald H. Rhodes, and Floyd E. Waterfield, Jr. Nays: None Absent: Councilman Robert B. Cromwell, Jr. City Council appointed the following.to the Board of Electrical Examiners for a three (3) year term beginning July 1, !972 and expiring June 30, 1975: Joseph M. Dodd - Electr_ical Contractor H. D. Smith -- Electrical Contractor E. tl. Bowman - Elect. r/ca1 Engineer W. O. Fa/son - VEPCO Engineer Royden Snuffin - Electrical Inspector ITEH #4970 -. On motion by Councilman Gardner, seconded by Cotincilman Ilo]land, and by record~ vote as follows: Ayek: Councilmen John A. Baum, Robert H. Call/s, Jr., Vice I, Iayor F. Rei'd Ervl~ .!2C'eorge R. Ferrell, Ch~rles W. Gardner, Clarence A. tk~lJand, l}. Mt~rray blalbon, ,i 'arlJ.$ Pa)me, Mayor 1)o~ald I~. Rhodes, and Floyd E. Water.field, Jr. ~ a.); S: Nono Ab.'~e. nt: Councilman Robert B. Cromwell, Jr;. City Counci] authorJzed the Chairm:in of the Virpin:ia~,. Beach b, ntal'c llealtl~ and blental l<etardatJon Services Board to enter into two (2) contrivers; one with thc l;)el)artm,..nt of Welfare & l'~'~sti't:~tSon~; and one wSth the th-)i_ted Commu~:Jt_ics mental.ly ret. arded ch, i]drcn. ITEH #4971 On motion by Councilman Waterfield, seconded by Councilman Holland, and by reco~,,d vote as follows Ayes' Councilmen John A. Baum, Robert H. Ca]ii.s, Jr., Vice Hayer F. Reid Ervi~ George R. Ferrell, Charles W. Garduer, Clarence A. Holland, D. Hurray Malbon, ~ Curtis Payne, Hayer Donald H. Rhodes, and Floyd E. Waterfield, Jr. Nays: bsent: None Councilman Robert B. Cromwell, Jr. In accordance with the request of the Building Advisory Committee, City Counci' approved an appropriation not to exceed $8,000. to provide for architectural services and preliminary feasibility designs of additions to the offices of th~ City Treashrer, the Commissioner of Revenue, the Clerk of~ Circuit Court and th~ Health Department Building. ITEH #4972 Mr. Donald H. Spitzli, Jr. appeared on behalf of the YWCA; petitioners for the subject street closure. On motion by Vice Mayor Ervin, seconded by Councilman Malbon, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Vice Mayor F. Reid Ervi~ George R. Ferreli, Charles W. Gardner, Clarence A. Holland, D. Murray Halbon, Curtis Payne, Mayor Donald Il. Rhodes, and. Floyd E. Waterfield, Jr. Nays: None Absent: Councilman Robert B. Cromwell, Jr. ity Council approved the following Ordinance relative to closing a portion f Ocean Avenue in Lynnhaven Borough: ORDINANCE CLOSING, VACATING AiND DiSCONTINN1NG A PO~:~JION OF OCEAN AVENUE LYNNHAVEN I3OI~OUGH, CiTY OF VIRG'[NiA BEACH, VIRGINIA WHEREAS, proper notice that the Young Women's Christian Association of Tidewater Areas of ¥irginia (formerly Young Women's Christian Association of Norfolk), would ~nake application to the City Council of the City of virginia Beach, Virginia, to have the hereinafter portion of Ocean Avenue closed, vacated and discontinued as a public street of the City of Virginia Beach, was duly posted.; and WFIERt~AS, the land proprietors affected thereby have been duly notified; and WHEREAS, said application was made to the City Planning Commissior and to the City Council and pursuant to the statutes in suclh cases made and provided, the Council appointed viewers who have reported to the Council that no inconvenience to the publ:,c or to private individua].s would result fron~ such closing, vacation and discontinuance; and WHEREAS, the City Planning Conxmission after proper notice and hearing, has reported thereon to the Council; WHEREAS, it is the judgnxent of the Council that said portion of Ocean Avenue should be closed, vacated and discontinued; now, therefore, BE IT ORDAINED BY THE COUNCIL O_F THE CITY OF VIRGINIA BLEACH, VIRGINIA: Section 1. That the c~rtain portion of said street described as follows in the Lynnhaven Borough of the City of Virginia Beach, Virginia, is hereby closed, public use and i-ravel: vacated and discontinued as a public stree, t of the City of Virginia Vir,c~inia, said certain portion of safd street not being needed for AI~L that certain portion of Ocean Avenue, lying immediately north of Lots l through 6 inc]ug~:ive, Block A as shown on the plat entitled "gynnhaven-Beach Annended Map of Property of Lynnhaven Beach arid Park Princess Anne County, Virginia", dated 1913, which said plat is duly recorded in the Clerk's Office of the Circuit Court ot! the City of Virginia Beach, ¥irginia, in Map lSook 5 at Page 71, situate and being in the City of Virginia tleach, Virginia, and being more particularly bounded and described as fo].low:~: BEGINNING at a stone at the southeast intersection of Avenue A with Ocean Avenue, the same being the northwest corner of I,ot 1, BlockA, on the aforementioned plat, running thence in a northerly direction N 5° 21' W 100 feet to a point in the northern side of Ocean Avenue where the eastern side of Avenue A, if extended, would'intersect the northern line of Ocean Avenue; thence turning and running in an easterly direction N 84° 39' E 300 feet to a point in ~he northern side of Ocean .Avenue where the western side of what was forx~ner].y Seventh Street,, if extended, would intersect the northern line of Ocean Avenue; thence turning and running in a southerly direction S 5° Zl' E 100 feet to a point, the same being the northeast corner of l=ot 6, Block A on the aforemen- tioned plat; thence turning and running in a westerly direction a].ong the southern side of Ocea~'~ Avenue S 84° 139' W 300 feet to a stone, the point of beginning aforesaid. Section 2. That thirty (30) days after this date a copy of this Ordinance, certified by the Clerk, be spread u~,on the public records in the Clerk's Office of the Circuit Court of this City and indexed in like manner as a Deed to Lands. ~ Adopted by the Council of the City of Virginia Beach, 'Virginia, on the 21st day of August , 1972. -g ITE~4 ~4975 On motion by Councilman Ferrell, seconded by Councilman Water£ield, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert I~. Callis, Jr., \[ice Hayor F. Reid E'rvi~ George R. Ferrell, Charles W. Gardner, Clarence A. Holland, D. Hurray )ialbon, Curtis Payne, Hayor Donald It. Rhodes, and Floyd E. Waterfield, Jr. '--ay s: None ..bsent: Councilman Robert B. Cromwell, Jr. City Council. adopted the following Resolution requesting the City of Norfolk to make connections and to furnish water through a proposed water system located at Windsor Oaks West Apartments, Kempsville Borough: A RESOLUTIO~ I>,[/.QIJ~2I,~ TIlE CITY OF NORFOLK TO make connections and furnish water tt~rough a proposed water system located at n~.~ Beach, Windsor Oaks West Apartments in the City of VirgJ ''* further described t>elow. WHEREAS, it is proposed by the City of Virginia Beach, at the request of the Windsor ttolland Company, to extend proposed water mains in accordance with tlne existing contract between the City of Virginia Beach and the City of N rfolk, in. Windsor Oaks 14est Apartments, lis~ed as follows: Size of Pipe Lineal Feet # of J~,ydrant~_____~s_ 6" 1823 , 6 4" 485 All as described and sho~m on plans entitled "Site develooment ' olans of Windsor Oaks West apartments" as prepared by~ Talbot, Weznn. ers, and Associates, Ltd., Virginia Beach, Virginia. NOW, THEREFOR. lq, BE IT Rt;]SOI,VED, that the City 6f Norfolk be and it hereby is requested to n-'~ake a connection of the proposed water' r'~ains with the present n'~ains of said City at [:he said designation, and upon cornp!efion of the installation of the proposed n-~ains, to supply water to consun~ers residing thereon, ii; being expressly understood and ~z~ed that thc supplying, of said water by the City of Norfolk shall be upon and subjc, ct to thc, following tetras and conditions: 1. That the said water mai. ns sna.ll' x ' be installed in accordance with the specifications 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 n-~ains to consuimers shall be at the same rate now, or hereafter, ct,arged by the City of Norfolk to consumers beyond the limits of said City sin~ilar]y situated. ! , 3. That all ordinances of the City of Norfolk and ail rules and regulations of the Division of Water Supply of said City, now or hereafter a. dop~ed and put into effect, relating to the furnishing of vTater shall.apply to the supplying of water through the said proposed n:ains. 4. That the said City of Norfolk shall be under no obligation to furnish more water than its distribution system as now laid; with the pressure carried, will deliver into said tnains, and if the said supplying of water shall not be in accordance with the standard service, the said City of Norfolk shall not be held responsib].e in any way. 5. That in supplyin% water to consumers along the said proposed mains, the City of Norfolk will supply t}~e same only from its surplus supply, and that in no event shall there be any obligation on the part of said City to supply water to any consun~ers along the proposed n'~ains at any time when, in the judgenqent of the Council of the said City of Norfolk, the said City shall not have sufficient supply for use within ~ts 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 inhabitant s. 6. That from and after the installation of the water nnains and hydrants they shall beco~e the property of the City of Virginia Beach. The City of Virginia Bead~ shall grant to the City of Norfolk the right to use such mains and hydrants for the supply of water, and further grants to the City of Norfolk ready' and reasonable access to the:ri. 7. That for anv fire hydrant instal]ed at the request of the City' of Virginia Beach, a rental pay~nent of One }tundred Dollars ($100. 00) a year for each hydrant shall be paid to th,z City of Norfolk. AD©PTI;iD BY Tt.-~i(] COUNCIl., of thc City of.&Zirginia !~each, Virginia this On motion by Councilman ]tolland, seconded by Councilman Malbon, and by recorded vote as follows: Ayes' Councilmen John A. Baum, Robert H. Callis, Jr., Vice Mayor F. Reid Ervi'z George R. Ferrell, Charles W. Gardner, Clarence A. Itolland, D. ~iurray Malbon, ~] Curtis Payne, Mayor Donald H. Rhodes, and Floyd E. l~aterfield, Jr. Nays: None ~t~sent: Councilman Robert B. Cromwell, Jr. .ty Council noted its intention to'hold a closed meeting on Monday, August 28, ~72, Tuesday, August 29, 1972, and Friday, September 1, 11972, for the purpose of discussing items permitted for discussion under the Freedom of Information Act of the Commonwealth of Virginia. ITEM #4975 Mayor Rhodes reminded the Councilmen of the Special. Meeting on Tuesday, August 29, 1972, at 11:00 a.m. for the purpose of receiving bids on the proposed bond issue and the Special Meeting on Friday, September 1, 1972, at 9:00 a.m. for the purpose of reorganization of the Council. ITEbI #4975 On motion by Councilman Gardner, seconded by Councilman Waterfield, the meetin~ adjourned. i. chard J. Webbon, City Clerk .? City of Virginia Beach, Virginia August 21, 1972 Donald H. Rhea, Mayor MINUTES OF TIlE HONORABLE CITY COUNCIL OF TIlE CITY OF VIRGINIA BEACH, VIRGINIA August 28, 1972 he regular meeting of the Council of the City of Virginia Beach, Virginia was eld in the Council Chambers in the Administration Building in the Borough of Princess Anne, on Monday, August 28, 1972, at 2:00 p.m. The invocation was given by Reverend Malcolm F. Yaple, Saint Andrew's Methodist Church, Virginia Beach, Virginia. Councilmen present: John A. Baum, Robert H. Callis, Jr., Robert B. Cromwell, Jr., Vice blayor F. Reid Ervi'n, George R. Ferrell, Charles W. Gardner, Clarence A. Holland, D. Murray Malbon, J. Curtis Payne, Mayor Donald H. Rhodes, and Floyd E. Waterfield, Jr. Councilmen absent: None ITEM #4977 On motion by Councilman Gardner, seconded by Councilman Malbon, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Robert B. Cromwell, Jr., Vice Mayor F. Reid Ervin, George R. Ferrell, Charles W. Gardner, Clarence A. '--~lland, D. Murray Malbon, J. Curtis Payne, Mayor Donald H. Rhodes, and Floyd · Waterfield, Jr. Nays: None Absent: None City Council approged the Minutes of the Regular Meeting of August 21, 1972, and the reading of said Minutes dispensed with inasmuch as each Councilman had a copy of the subject Minutes before him. ITEM #4978 On motion by Councilman Malbon, ~econded by Councilman Cromwell, and by recorde vote as follows: Ayes: Councilmen John. A. Baum, Robert H. Callis, Jr., Robert B. Cromwell, Jr., Vice Mayor F. Reid Ervin, George R. Fcrr. ell,' Charles W. Gardner, CIarence A. Holland, D. Murray Malbon, J. Curtis Payne, Mayor Donald. H. Rhodes, and Floyd E. Waterfield, Jr. Nays: None ,~.~bsent: None ~ty Council app'roved on second reading an appropriation not ~o exceed ~8,000.0 ~o provide for architectural, services and preliminary feasibility designs of addit:ions to the Offices of the C:itv Treasurer, the Commissioner of Revenue, the Clerk of Circuit Court and the ilea]th Department Building. ITEM #4979 Councilman Baum requested that .Item #4956 (c) [Hinutes of August 21, ]972] be placed on the ;Ulc~da o1: the t~ef~ul~r Counc'il Mectin~,, of Septemi~cr 1] ~ (ti rcct the l'lc~nninp, st';,ft' to work ITEM i.~4980 (a) Hr. Bruce Hurphy, Attorney, appeared before City Council and submitted petitim requesti~g City Council to reconsider their 'action of July S, 1972, at which time Council failed to appoint Mr. R. R. McChesney to serve as High Constable. Reconsideration was requested as Mr. R. R. McChesney has served 26 years as an employee of the City. It was indicated that Council failure to appoint Mr. McChesney resulted from his policical activities during work hours which were considered to be a violation of th.e City Code of Ethics 'which prohibit such activities. Mr. James Fant, representing the Citizens Against Political Retaliation, appeared before City Council and submitted petitions on behalf of Mr. R. R. --:Chesney and requested his appointment to the position of High Constable ~ his length of satisfactory service appeared to warrant his appointment. t was noted that he would apparently suffer a loss of income from his retirement as a result of the Council action. Upon direction from City Council the following letter prepared by the Director of Finance was read indicating the effect on the State Retirement in the matter of Hr. R. R. McChesney:. [City Council directed the inclusion of the subject letter in the permanent records.] DEPARTMENT OF FINANCE City o£ Virginia Beach August 23, 1972 MUNICIPAL CENTER VIRGIN1,A BEACH, VIRGINIA 23456 Mr. Roger M. Scott City b~nager Municipal Center Virginia Beach, Virginia 23456 Dear Mr. Scott: In accordance with the request of,City'Council at the last maeting~ we have investigated the status of Mr. Ro R. }~Chesney's retirement benefits. Our records indicate that Mr. McChesney began employment on May 1, 1946 and through August 31, 1972, he will have a total of 26 years 4 months credit in the Virginia Supplemental Retirement System. The following options are available for Mro McChesney: (1) He can withdraw his tota~l contributions in the system at any time and he will be refunded these contributions plus interest. In this event, he will not be eligible for any retirement allowances at retirement age. (2) . He may leave his contributions in the system and he may. draw a retirement allowance at any age between 60 and 65. ~ Based on an average annual salary of $12,382, and should he not withdraw his accumulated contributions, Mr. McChesney will be Dligible for the following retirement allowances should he retire at any one of the ages indicated below. These allowances will be paid in addition to any sums he may receive from Social Security~ Age at Annual Retirement Monthly Re t ir cment A 1.1 ewa nc e Amount 65 $4,890.27 $407.52 64 4,596.85 383°07 63 4,303.44 358.62 62 4,010,02 334o17 6]. 3,716.6]. 309.72 60 3,423.19 28.5.27 Should you have any questions, pleas;~ give us a call. / Sinc 9r~ ly yours~, 7',:;::;:;{::~! L~ { ]i~' L;.[.{ j,~ ~' ~t~.~{7 " ;"i~l.:!~'tc~.~ The following appeared in support of the Council action appointing Mr. Horace Shirley, instead of Mr. McChesney, as High Constable of Virginia Beach: Mr. R. Wilson Chaplain Mrs. Evelyn t{itchcock ITEM #4980 (b) After discussion regarding Mr. R. R. McChesney, Councilman Ferrell made a motion, which was seconded by Councilman Callis, that Mr. R. R. McChesney be reemplo'yed as High Constable. Vice Mayor Ervin said that the motion was improper as Councilman Ferrell had not been a party to the prevailing side. Mayor Rhodes referred the question on parlimentary procedure to the City Attorney, Mr. Dale Bimson, who ruled that the motion was out of order as Councilman Ferrell had not voted on the prevailing side in the original action of July 5, 1972. ITEM #4980 (c) Councilman Ferrell made a motion, which was seconded by Councilman Callis, that Mr. McChesney be hired as High Constable of the City of Virginia Beach. The City Attorney, Mr. Bimson, ruled that the motion was out-of-order as a vacancy for that position did not exist. ITEM' #498O (d) ouncilman Ferrell made a motion, which.was seconded by Councilman Callis, to discharge Mr. Horace Shirley, who presently holds the position of High Constable, on a recorded vote as follows' Ayes: Councilmen Robert H. Callis, Jr., George R. Ferrell, Clarence A. Holland, Mayor Donald H. Rhodes, and Floyd E. Waterfield, Jr. Nays: Councilmen John A. Baum, Robert B. Cromwell, Jr., Vice Mayor F. Reid Ervin, Charles W. Gardner, D. Murray Malbon, and J. Curtis Payne. Absent: None The motion was defeated. ITE~! #4981 Mayor Rhodes, on behalf of the City Council, presented certificates of complet to the following Virginia Beach Municipal Fellows: Kathleen A. Guion, Project Director, assigned to the Department of Personnel Helen E. Weems, assigned to the Department of Economic Development ,-- Linda K. Stone, assigned to the Department of Public Libraries W. David Singletary, assigned to the Department.of Public Utilities Elliott Light, assigned to the Office of the City Manager Chris Taylor, assigned to the Office of the City Manager T. Meade Kampfmueller, Jr., assigned to the Department of Community Services ITEM #4982 Mr. R. W. Miller, President of Kings Forest Civic League, appeared before City Council regarding the possible use of polyethlene containers for the collection and disposal of solid waste material. Mr. Scott, City Manager, indicated that they had considered the u.se of these bags, but were concerned with several unresolved problems relative to the use of these containers; one of which is the problem of polyethlene bags not de- composing in the ground. Mayor Rhodes, on behalf of the City Council, thanked Mr. Miller for his time and effort in extensive research to bring this matter to the attention of the '--ouncil. ITEM #4983 On motion by Councilman Payne, seconded by Councilman Gardner, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Robert B. Cromwell, Jr., Vice Mayor F. Reid Ervin, George R. Ferrell, Charles W. Gardner, Clarence A. Holland, D. Murray Malbon, J. Curtis Payne, 'Mayor Donald H. Rhodes, and Floyd E. Waterfield, Jr. Nays: None Absent: None City Council appointed Mr. Roger Scott, C~ty Manager, to fill the expired term of Mr. Dewey Simmons on the Southeastern Virginia Planning District Commission for a three (3) year term beginning July 1, 1972 and ending June 30, 1975. ITEM #4984 _.O.On motion by Councilman Malbon, seconded by Councilman Ferrell, and by recorde( ote as follows: ,,yes: Councilmen John A. Baum, Robert tt. Call]s, Jr., Robert B. Cromwell, j~'. V~ce Mayor F. Reid Ervin, George R. Ferrell, Charles W. Gardner, Clarence A. ltolland, D. Nurray Ma]bon, J. Curtis Payne, ~]ayor Donald H. Rhodes, and Floyd ti. $¥aterfic. ld, Jr. Nays: Noise Al)sent: None C i t ? .... ~ . ~,~ ~:nci] reappointed ~',[~' RJch~rd ]<line t.o tt~e Indust:rSal ])eve l. ol~ment A~thorit:v For [1 roi'ill o[ [70UF ('~) ?O:~'F5 be~inni]]g July ], 1972 an~l endin~ .!~ne 30, 1970. ITEM //4985 On motion by Councilman Gardner, seconded by Councilman Payne, and' by recorded vote as follows: ' .Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Robert B. Cromwell, Jr. Vice Mayor F. Reid Ervin, George R. Ferrell, Charles W. Gardner, Clarence A. Holland, D. Murray Malbon, J. Curtis Payne, Mayor Donald H. Rhodes, and Floyd E. Waterfield, Jr. ~.' ay s: None .bsent: None City Council appointed Councilman John A. Baum as chairman, Councilman Robert H. Callis, Jr., Vice Mayor F. Reid Ervin, and Mr. Robert M. Buchanan, Sr. to the Steering Committee for Beach Erosion and Rudee Inlet for a one (1) year term from'the date of appointment unless the term is extended, by the Council. ITEM #4986 On motion by Councilman Cromwell, seconded by Councilman vote as follows: Malb on, and by record{ Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Robert B. Cromwell, Jr. Vice Mayor F. Reid Ervin, George R. Ferrell, Charles W. Gardner, Clarence A. Holland, D. Murray Malbon, J. Curtis Payne, Mayor Donald It. Rhodes, and Floyd E. Waterfield, Jr. Nays: None Absent: None City Council adopted the following Ordinance to appoint Viewers relative to '--losing a portion of Arctic Avenue in Virginia Beach. Borough: ORDINANCE APPOINTING VIEWERS WHEREAS, the City of Virginia Beach, Virginia, a municipal corporation, has given due and proper notice in accordance with the statutes for such cases made and provided, that it would, on August 28, 1972, apply to the City Council of the City of Virginia Beach, Virginia, for the appointment 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 inconvenienc, would result from the discontinuing of the hereinafter described portion of Arctic Avenue, Virginia Beach Borough, in the City of Virginia Beach, Virginia, and have filed such application with the said Council. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That, b~r. Charles C Carrington, ~'~r. William W. Fleming, and blt. Georg~ L. !!anbur? __, are hereby appointed to view the below described property and report {n writing to the Council, on September 18, 1972, whether in their opinion, any, and if any, inconvenience would result from the discontinuing, closing and vacating of that certain portion of Arctic Avenue, located in Virginia Beach Borough, City of Virginia Beach, Virginia, and described as follows~ That portion of Arctic Avenue, south of Winston- Salem Avenue extending to Lake Rudee, as shown on a certain plat entitled, "Shore Acres, property of Shore Acres, Inc., dated September 1925, made by John M. Baldwin, C. E." recorded in the Clerk's Office of the Circuit Court of the city of Virginia Beach, in Map Book 7, Part 2, Page 137. Said street extending south approximately 150 feet of the south~est and southeast corners of the intersection of Arctic Avenue and Winston-Salem Avenue. I TE~,I #4987 On motion by Councilman Malbon, seconded by Councilman Gardner and by re.cerde. vote as follows: ' Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Robert B. Cromwe}}. Jr. Vice Mayor F. Reid Ervin, George R. Ferrell, Charles IV. Gardner, Clarence Holland, D. Murray Malbon, J. Curtis Payne, Mayor Donald H. Rhodes, and E. Waterfield, Jr. Nays: None ~sent: None ~ity Council adopted the following Ordinance appointing viewers relative to closing a portion of Burton Drive in Lynnhaven Borough: ORDINANCE APPOINTING VIEWERS WHEREAS, KIM B. WILLIAMS and ANNE G. WILLIAMS, have 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, Virginia, for the appointment of Viewers to view the below- described property and report in writing to the Council in the opinion of said Viewers, any, and if any, what, incon- venience would result from the discontinuing of the hereinaf?~r described portion of Burtoh Drive, in Lynnhaven Borough, cf the City of Virginia Beach, Virginia, and has filed such plication with the said Council: NOW, therefore, BE IT ORDAINED BY THE COUNCIL OF TE~ C~TY OF VIRGINIA BEACH, VIRGINIA, That, Mr Charles 'C Carrington, Mr. William W F]_.~.~ and Mr. George L. Hanbury are hereby appointed to view the below-described property repOrt in writing to the Council on or before September 1972, whether in their opinion any, and if any, what, venience would result from the discontinuing, closing and vacating of that certain portion of Burton Drive, located Lynnhaven Borough, City of Virginia Beach, Virginia, and described as follows: PICKETt', SPAIN AND LYLE A'T[OflNEYS AT LAW 2859 VA. BEACHBLVD. P.O. BOX 2241 VA. BEACH, VA.23452 ALL THAT certain portion of Burton Drive be- ginning at a point on the Southe~ side of Burton Drive where it dead ends with the property now or formerly owned by Turner and Hogge; thence North 13° 21' West, a distance of 40.56 feet to a point; 'thence North 67© 06' East, a distance of 235.10 feet to a point; thence South 22° 54' East, a distance of 40.0 feet to a point;~ thence South 67© 06' ~West, a distance of 241.83 feet to the point of be- ginning, it being a portion of Burton Drive as shown on the survey and plat entitled "Sub- division of Melfair Acres, Lynnhaven District, Princess Anne County", dated April 1, 1954, made by W. B. Gallup, County Surveyor, and recorded in the Clerk's Office of the Circuit Court of'the City of Virginia Beach, Virginia, in Map Book 31, at Page 58, to which reference is made for a more particular and accurate description. ITEM #4988 Mr. Joseph Lyle, Attorney for the petitioners, requesting a deferral, appeared before City Counc~3 On motion by Councilman Callis, seconded by Councilman Gardner and by reco:-:~ed Vote as follows: Ayes: Coun£ilmen John A Baum, Robert H. Callis, Jr., Robert B. ..... ze Mayor F. Reid. Ervin, George R. Ferre,ll Charles W. Cromwel]~ t [.land D. Murray Malbon, j. Curtis Payne, Mayor Donald }t. Rhodes,aand ~, ' ' Gardner Clarence 1Waterfield, Jr. , NaTs: None Absent: None City Council deferred consideration of viewers reports'relative to closin~ ~ 20-foot alley in Virginia Beach Borough until September 11, 1972. ITEM #4989 ~ Councilman Cromwell requested the City Attorney to draft an amendment tc the "Gun Ordinance" to allow turkey shoots. ITEM #4990 The following persons appeared before City Council supporting the proposed leash law: Mrs. Clark -presented petitions requesting that a leash law be enacted in the City of Virginia Beach [a copy of subject petitions are on file in the Office of the City Clerk] Mrs. Cecily Macdonald Supt 'Reed from the Animal Control Bureau City Council requested the City Attorney to draw up a leash ordinance relating to dogs running at large and further requested that said ordinance be presented at the September 11, 1972 Council Meeting. ITEM #4991 On motion by Councilman Gardner, seconded by Councilman Baum, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Robert B. Cromwell, Jr., Vice Mayor F. Reid Ervin, George R. Ferrell, Charles W. Gardner, Clarence A. Holland, D. Murray Malbon, J. Curtis Payne, Mayor Donald H. Rhodes, and Floyd E. Waterfield, Jr. Nays: None )sent: None City Council extended the "Zoning Moratorium" until November 30, 1972 for the purpose of allowing the Planning Department enough time to complete the Comprehensive Master Zoning Ordinance and the Master Zoning Maps. ITEM'#4992 On motion by Councilman Holland, seconded by Councilman Gardner, and by record¢ vote as follows: Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Robert B. Cromwell, Jr., Vice Mayor F. Reid Ervin, George R. Ferrell, Charles W. Gardner, Clarence A. Holland, D. Murray ~4albon, ~J. Curtis Payne, Hayor Donald H. Rhodes and Floyd E, Waterfield, Jr. ' Nays: None Absent: None City Council approved the application of Bayside Taxi Company for eight '(8) -'-ddJ. tional taxicab permits. This m~kes a total of twenty.- five (25) taxicab e~mits issued to Bayside Taxi Company. ITEM #4993 On motion by Councilman vote as follows: Gardner, seconded by Councilman Holland, and by recor~ Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Robert B. Cromwell, Jr., Vice Mayor F. Re~.d Ervin, George R. Ferrell, Charles W. Gardner, Clarence A. ~'~-~lland, D. Murray Malbon, J. Curtis Payne, Mayor Donald H. Rhodes, and Floyd Waterfield, Jr. Nays: None Absent: None City Council approved the following Resolution relative to the expansion of library services to the City's Juvenile Holding Facilities under a federal grant program: WHEREAS, the Crime Omnibus and Safe Streets Act ~f 1968, as amended, provides federal funds to assist politida~ .subdivisions of the various states in improving their respective Criminal JuJtice Systems in order to reduce or eliminate inadequacies; and WHEREAS, there exists a need to expand library services to the city's Juvenile Holding Facilities so as to provide a constructive and meaningful use of residence time; and W}~REAS, such a program, designed to aid in the self-discovery and behavior modification of the facility's residents, will cos~ $24,0~ - ~-~'~ ~.~- oz w~cn the City's in-kind contribution will amount to $6,151. NOW, THEREFORE, BE IT RESOLVED BY 'THE COUNCIL OF THE CITY OF VIRGINIA BEACH: That the City Manager is hereby authorized and directed to cause such information or materials as may be necessary to be provided to the appropriate state agencies to permit the for- mulation, approval and funding of the aforementioned program. AND BE IT FURTHER }UESOLVED, that the Council of 'the' City of Virginia Beach gives its assurance that the matching funds or in-kind contributions needed as the City's proportional share of the cost of the approved p. rogram will be provided. ITEM #4994 On motion by Vice Hayor Ervin, seconded by Councilman Baum, and by recorded vot as follows: Ayes: Councilmen John A. Baum, Robert }I. Callis, ,Jr., Robert B. Cromwell, Jr., A~ce Mayor F. Reid Ervin, George R. Ferrell, Charles W. Gardner, Clarence A. )ll. and, D. Murray Malbon, J. Curtis Payne, Mayor Donald tt. Rhodes, and Floyd Waterfield, Jr. Nays: None Absent: None As Mr. Charles Kiley, Sanitary Engineer, has indicated that it will be necessar to increase the amount of cover material at Mt. Trashmore in order to properly complete the project, City Council authorized the extension of the existing contract for 20,000 additional, cubic yards of fill material. The cost, $2.00 per cubic yard ($40,000) will be covered with bond funds previously authorized. ITEM #4995 On motion by Councilman Waterfield, seconded by Councilman Cromwell and by recorded vote as follows: ' Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Robert B. Cromwell, Jr., Vice Mayor F. Reid Ervin, George R. Ferrell, Charles W. Gardner, Clarence A. Holland, D. Murray Malbon, J. Curtis Payne, Mayor Donald H. Rhodes, and Floyd E. Waterfield, Jr. ays: None ,,bsent: None City Council authorized the City Manager to execute the following State-Local Hospitalization Contracts: General Hospital of Virginia Beach Medical College of Virginia University of Virginia Portsmouth General DePaul ~ Norfolk Community King's Daughters Leigh Memorial Daily Rate for 72-73 Daily Rate for 71-72 63.78 53.78 75.50 66.48 75.50 66.48 57.92 53.13 77.06 69.94 53.39 45.86 77.O6 69.94 67.43 59.94 ITEM #4996 On motion by Councilman Gardner, seconded by Councilman Cromwell and by record vote as follows: ' -~zes: Councilmen John A. Baum, Robert H. Callis, Jr., Robert B. Cromwell, Jr., i_ce Mayor F. Reid Ervin, George R. Ferrell, Charles ~. Gardner, Clarence A. )lland, D. blurray Malbon, J. Curtis Payne, Hayor Donald It. Rhodes, and Floyd ~i. Waterfield, Jr. Nays' None Absent: None City Counc/I authorized the City blanager 'to execute a contract covering[ the collection o~' water utility taxes for the Citu of V:i. rgJnia Ben, ch by the Cit,' of ~4or Folk. ' : ITEM #4997 On motion by Vice Mayor Ervin, seconded by Councilman Malbon., and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Robert B. Cromwell, Jr., Vice Mayor F. Reid Ervin, George R. Ferrell, Charles W. Gardner, Clarence A. Holland, Do Murray Malbon, J. Curtis Payne, Mayor Donald H. Rhodes, and Floyd '-' Waterfield, Jr. ys: None Absent: None As the CitM has received signed sewer agreements from 51% of the residents in Southern Points and Brittany Estate.s requesting that the City install public sewers in this area, City Council approved this project for design and con- struction when funds become available. ITEM #4998 On motion by Councilman Waterfield, seconded by Councilman Malbon, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Robert B. Cromwell, Jr., Vice Mayor F. Reid Ervin, George R. Ferrell, Charles W. Gardner, Claren'ce A. Holland, D. Murray Malbon, J. Curtis Payne', Mayor Donald H. Rhodes, and Floyd F.. Waterfield, Jr. Nays: None "-)sent: None ity Council authorized the. City ManageF to sign a sewer agreement and lease for the Pecan Gardens sewer project. (COUNCILMAN CROM3VELL LEFT THE COUNCIL CHAMBERS) ITEM.#4999 On motion by Councilman Ferrell, seconded by Councilman Malbon, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Vice Mayor F. Reid Ervin George R. Ferre.ll, Charles W. Gardner, Clarence A. Holland, D. Murray Malbon, J Curtis Payne, Mayor Donald H. Rhodes, and Floyd E. Waterf~ield, Jr. Nays: None Absent: Councilman Robert B. Cromwell, Jr. City Council approved the follow2ng Resolution requesting the City of Norfolk to make connections and furnish water through a proposed water system at ~Ltratford Chase, Section 1, Part 1' ITEM #.5000 On motion by Councilman Ferrell, seconded by Councilman Malbon, and !. vote as follows: · Ayes: Councilmen John A. Baum, Robert }{. Callis, Jr., Vice Mayor F. " George R. Ferrell, Charles W. Gardner, Clarence A. Holland, D. Murra~ Curtis rayne Mayor Donald H Rhodes, and Floyd E. ~aterfzeld Jr. Nays: None ~Absent: Councilman Robert B. Cromwell, Jr. City Council approved the following Resolution requesting the City of to make connections and furnish water through a proposed water syste~:~ Kings Grant, Part 2, Section 12B' Form No. P:U.. 36-2a ~ A RESOLUTION REQUITING THE CITY OF NORFOLK TO MAKE A CONNECTION ~D TO FUP~ISH WATER T}~qOUGH A PROPOSED WATER SYSTE4, LOCATED AT _Kings, Grant z .part ~Seqtion 12B.~ L~nnhaven Borough, IN THE CITY 0F VIRGINIA BEACH, FURTHER DESCRIBED BELOW: · {EREAS, it is proposed by the City of V~rginia Beach, Virginia, at the request of Kin~s Grant West ., to extend a proposed main in accordance with the existing contract bet%~en the City of Virm~n Beach and the City of Norfolk~ in Kings Grant, Part 2, Sectfon 12~ ~' ..... ~ in the streets listed as follows: Name of Size of Linear ~tr~e.t ......... ~pe, Feet Kings Grant Road 8" 490 Kings Grant Road 6" 9BO 3. Sheraton Drive 6" 535 Sheraton Court ~" 300 Coverdale Lane 6" 1,100 Coverdale Lane ~" ~50 Coverdale Circle 500 Coverdale Cou~t 370 Noz~th Villier Court go South Villier Couz.t '~'~ , North Shi~e Court 6"' 130 Nomth Shire Court al! as d~scrib~d ~d shown on plan entitled, .~nita~! Sewer and Water ~[~.s C,r.,:~n-.':, Part 2, Section 12B }?~..d~;i.n and Gre~g ~gineors, dated At-mil Form No. P.U. 36~~:b NOW, THi~LEFORE, BE IT R~OLVF1)', that the City of Norfolk b~ and it hore~ is, requested to make a connection of the proposed ~a'ter ma~s ~th the present ma~s of said City at the said desi~ation, and upon completion of the ~sta].lation of the proposed ~ins, to supply ~ter to ' cons~ers residing thereon, it ~ing expressly ~derstood ~d a~eed that the supply~g of said water ~ the City of Norfo~ shah ~ upon and subject to the fo~o~g te~s ~d conditions: 1. That the said water mains shall be installed in accordance with the specifications of the said City of Norfolk and to tho 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 consuEers sha~l be at the same rate now, or hereafter, charged by the City of Norfolk to consumers beyond the limits of said City similarly situated. 3. That all ordinances of the City of Norfolk and all rules and regttlations of the Division of Water Supply o£ said City, now or hereafter adopted and ~ut into effect, relsting to the furni:;hing of water shall apply to the supplying of water through the said proposed mains. 4. That the said City of Norfolk shall be under no oblSgation to furnish more water than its distribution system as now laid,!with the pressure carried, will deliver into said mai~s, and if the said supplying of water shall not be in accordance with the standard service, the said City of Norfolk shall not be held responsible in any way. 5. That in supplying water to consumers along the said proposed mains~ the City of Norfolk will supply the same only from its surplus supply~ and that in 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 Judgemsnt of the Council of the said City of Norfolk, the said City shall not have sufficient supply fgr use within its corporate li~ts, 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 installation of the water mains and hydrants they shall become the property'of the City of Virginia Beach. The City of Virginia Beach shall grant to the City of Norfolk the right -to use such mains and hydrants 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 installed ~t the request of the City of Virginia Beach~ a rental payment of One Hundred Dollars ($100.00) a year for each hydrant sh~l~ be, paid to the City of Norfo].k. ' ":' ' ADOPTED BY TN~OU~IL of the City ginia:~ach, V'lrg~i~' this [/d :. day or [f'¢"~ %'~"~ '"~ 19~L~. APPROVED: ' ATTESTE~ ITEM #5001 On motion by Councilman Ferrell, seconded b~ Councilman Malbon, and by recordec vote as follows: Ayes: Councilmen John A. Baum, Robert H Callis, Jr., Vice Mayor F'. Reid £rvi~ George R. Ferrell, Charles W. Gardner, Clarence A. Holland, D. Murray Malbon, ~ Curtis Payne, Mayor Donald H. Rhodes, and Floyd E. Waterfield, Jr. Nays: None Absent: Councilman Robert B. Cromwell, Jr. ~ty Council approved the following Resolution requesting the City of Norfolk ~ make connections and furnish water through a proposed ~ater system at Woodland Condominium Apartments, Lynnhaven Borough: Form No. 'P.U..36-2a A RESOLUTION REQUESTING THE CITY OF NORFOLK TO }L~KE A CONNECTION ~2~D TO FURNISH WATER T}LROUGH A PROPOSED WATER SYST~4, LOCATED AT Woodland Apartments _Lvnnhaven Borough IN THE CITY OF VIRGINIA BEACH, ~I~iTHER De--SCRIBED BELOW: ~EHEAS, it is t~oposed by the City of Virginia Beach, Virginia, at the request of Accent Development, Inc. ~ to extend a proposed water main in accordance with the existing contract between the City of Virginia Beach and the City of Norfolk, in ~{ood!and ~artments ,, , ~ in the streets listed as follows: Name of Size of Linear No. of M~r_e_nt ,,, P~oe Feet ,, Hydr~mllt~_ 24th Street 8" 40 1 Woodland Apts. 4" 375 0 a11 as described m~d shown on plan entitled, 9~ad~ne, prMinage~ Water and Sewe? .~,~mu_ , as prepared by .~~~Greg~ ,. Engineers, ~Jay 1~ 1972 , .. Form No. P.U. 36-2b. NOW~ THEREFORE, BE IT RF~OLV?~, theft the Ctt~ o£ Norfolk 1~ and it horeb~ is~ requested go make a connection of the proposed water ma~nm with the present mains of said City at the said designation, and upon completion of the installation of the proposed nmins, to supply water to 'consumers residing thereon~ it be~ng expressly understood nnd agreed that the supplying of said water by the City of Norfolk shall ~ upon and subject to the following te~rMs and conditions: 1. That the said water ~ins shall be t~'stalled in accordance with the specifications 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 tho wnter so supplied through said mains to conmzmers shall be at the sams rate now~ or herc~'~fter, charged IV the City of Norfolk to constmers l~yond tho limits of said City sira:Ll, nrly ~;ituated. 3. ~mt all ordinances of the City of Norfolk m~d all rmles and reffu]ntton,~ of the Division of Wntar Supply of sn~d City, now or hereafter adoptcd and l~t into effect, re]ntinK to the furni;;himC oF water shall apply to tho supp].ytn[~ of water through the sa;~d proposed mains. 4. That the said City of Norfolk shall t~ under no obligation to furnish more water than its d~r. tribution :-;yot, em a:~ now laid, with the proselyte carried, will dc].Ivcr int. c~ ~::~Jd mnjn:;, and J.f 'f.}m ~:aic] supplying of z~ator s}ml. 1 not t:m Jn accordance wit,h the ni, andar,] service, the said C~ty of l~orf'otk oi:all ~i~ b~ t~el~[ rc:¥~on:;5t,l~, }n any 5. That in supplying water to consumers along the said proposed ma~ns~ the City of Norfolk will supply the same only from its surplus supply, and that in no event sha]~l 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 tho Judgement of the Council of the said City of Norfolk, the said City shall not have sufficient supply fQr use within its corporate limits, or whenever the supplying of said water shsll interfere with the disch~ge of the duty of said City to supply water to its.own inhabitants. 6. That from and after the installation of the water mains and hydrants they shall t~come the property of the City of Virginia Beach. The City of Virginia Beach shall grant to the City of Norfolk the right to use such mains and hydrants 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 installed ~t the request of the City of Virginia Beach, a rental payment of One Hundred Dollars ($100.00) a year for each hydrant shmLl be paid to the City of Norfolk. ADOPTED B~ THE C?U of the City Virginia Beach, Virg,inia this '~/~i ~' day of t{~,:~ /~.-~'i' . _, 19~. ~TEM #5002 On motion by Councilman Payne, seconded by Councilman Ferrell and by recorded vote as follows: ' Ayes: Councilmen John A. Baum, Robert }{. Callis, Jr., Vice Mayor F. Reid Ervi~ George R. Ferrell, Charles W. Gardner, Clarence A. Holland, D. Murray Malbon, [ Curtis Payne, Mayor Donald H. Rhodes, and Floyd E. Waterfield, Jr. Nays: None -~%sent: Councilman Robert B. Cromwell, Jr. _ty Council noted its intention to hold a closed meeting on Monday, ~eptember 11, 1972 for the purpose of discuss~.ng items permitted for discussior under the Freedom of Information Act of the Commonwealth of Virginia. On motion by Councilman Ferrell vote as follows: ITEM #5003 seconded by Councilman Gardner, and by record~ Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Vice Mayor F. Reid Ervir ~Gporge R. Ferrell, Charles W. Gardner, Clarence A. Holland, D. Murray Malbon, ~ ~rtis Payne, Mayor Donald H. Rhodes, and Floyd E. Waterfield, Jr. · .ays: None Absent: Councilman Robert B. Cromwell, Jr. City Council cancelled the Council Meeting of Monday, September 4 1972 this being a legal holiday (Labor Day). ' ' (COUNCILMAN CRO~BVELL RETURNED TO COUNCIL CHAMBERS) ITEM #5004 ' Mr. Wilson Chaplain appeared before City Council stating his opposition to the Virginia Beach Art Show being held during the month of July as this is the height of the tourist season. He further indicated that the seven-foot fence erected along the boardwalk to display the works of art blocked off the view of the ocean for his partons on the first floor and that certain streets leading from Atlantic Avenue toward, the boardwalk had also been blocked off. Councilman Gardner suggested that the boardwalk art show be rescheduled to the l__ast week in June instead of the holiday week of July 4th. ~s. Florence Turner, on behalf of the Virginia Beach Art Center, agreed to ~schedule next year's "Virginia Beach Boardwalk Art Show" to the week of June 21, 1973 through June 25, 1973. Mrs. Turner further indicated that next year chicken wire, without a plywood backing, would be used as a wall for displaying art work; therefore, allowing more view of the ocean. ITEM #5005 On motion by Council.man Ferrell, seconded by Co'uncilman Gardner and by unanimou vote, the meeting adjourned. ' R~chard J.~rebbon, C_tty Clerk Donald-:.' RhSdes, M:~-~6-~ City of Virginia Beach, Virginia August 28, 1972