JUNE 26 ,1972MINUTES OF THE HONORABLE CITY COUNCIL
OF THE
CITY OF VIRGINIA BEACH, VIRGINIA
~ June26 , 1972
he regular meeting of the Council of the City of Virginia Beach, Virginia
as held in the Council Chambers in the Administration Building, in the Borougl
of Princess Anne, on Monday, June 26, 1972, at 2:00 p.m.
The invocation was given by the Reverend Father Francis V. Bambrick, Star of
the Sea Catholic Church, Virginia Beach, Virginia.
-Councilmen present: Robert H. Callis, Jr., Robert B. Cromwell, Jr., Frank A.
Dusch, F. Reid Ervin, George R. Ferrell, Clarence A. Holland, D. Murray Malbon
J. Curtis Payne, Vice Mayor Earl M. Tebault, Floyd E. Waterfield, Jr., and
Mayor Donald H. Rhodes.
Councilmen absent: None
ITEM #4747
On motion by Councilman Dusch, seconded by Vice Mayor Tebault, and by recorded
vote as follows: .
Ayes: Councilmen Robert H. Callis, Jr., Robert B. Cromwell, Jr., Frank A.
Dusch, F. Reid Ervin, George R. Ferrell, Clarence A. Holland, D. Murray Malbon
m. Curtis Payne, Vice Mayor Earl M. Tebault, Floyd E. Waterfield, Jr., and
~yor Donald H. Rhodes.
Nays: None
Absent: None
City Council approved the biinutes of the Regular Meeting. of ,June 12, 1972,
and the reading of said Minutes dispensed with inasmuch as each Councilman
had a copy of the subject Minutes before him.
ITEM #4748
On motion by Councilman Ferrell, seconded by Councilman Dusch, and by recorde~
vote as follows:
Ayes: Councilmen Robert H. Callis, Jr., Robert B. Cromwell, Jr., Frank A.
Dusch, F. Reid Ervin, Geor'ge R. Ferrell, Clarence A. Holland, D. Murray Malbor
J. Curtis Payne, Vice Mayor Earl M. Tebault, Floyd E. Waterfield, Jr., and
Mayor Donald H. Rhodes. ~'
Nays: None
-~sent: None
[ty Council approved the Minutes of the Regular Meeting of June 19, 1972, an(
the reading of said Minutes dispensed with inasmuch as each Councilman had a
copy of the subject Minutes before him.
ITEM #4749
The Honorable Mills Godwin, on behalf of the Citizens o~ Virginia Beach,
presented citations of recognition to Councilman Frank A. Dusch and Vice
Mayor Earl M. Tebault upon their retirement from the City Council of Virginia
Beach.
Telegrams from Congres§~en Thomas N. Downing and G. William Whitehurst were
read at the meeting and de~livered to Councilman~ Dusch and Vice Mayor Tebault.
-Councilman Dusch was also presented with an honorary "green. fee" pass for the
ed Wing Golf Course.
~overnor Godwin presented to the City of Virginia Beach a portrait of Councilm
Dusch, who served the public for twenty (20) years in the following capacities
From 1954-1963 -- Mayor of the Town of Virginia Beach
From 1963-1970 -o After the merger of the Town of Virginia Beach and
the County of Princess Anne, he was the first Mayor
of the City of Virginia Beach
From 1970-1972 -- At Large Councilman for the City of Virginia Beach
ITEM #4750
Mr. Tom Baptist and Mr. Ralph Williams, on behalf of the Norwegian Council,
presented an architectural rendering designed by Mr. Norio Sakai depicting
proposed improvements to the "Norwegian Lady" in order that this popular
tourist attraction can be viewed in a more complimentary surrounding and
made the following recommendations:
Council give full sanction to the project for improvements
to the "Norwegian Lady" and improvement to the City property
2. C~uncil sanction the use of City water, sewer and lights
Council sanction the cooperation of the grounds service crews
in the General Services Department'0f the City and provide labor
where feasible to proceed with the execution of the work
Council appoint a working committee to follow this project as.
it evolves
City Council indicated that at their next regular City Council Meeting on
July 10, 1972, they would consider appointments to a committee to participate
in the "Norwegian Lady Improvement Project". City Council expressed its
appr'eciation to Mr. Baptist, Mr. Williams, Mr.. Sakai, Mr. Scott, the Norwegian
Council, and other private groups and organizations for the work that has
already been accomplished in regard to this project.
ITEM ,.# 4,7 ~i ..
On motion by Councilman Payne, Seconded by Councilman Dusch, and by recorded
vote as follows:
yes: Councilmen Robert H. Callis, Jr., Robert B. Cromwell, Jr., Frank A.
~asch, F. Reid Ervin, George R. Ferrell, Clarence A. Hollgnd, D. Murray
Malbon, J. Curtis Payne, Vice Mayor Earl M. Tebault, Floyd E. Waterfield, Jr.:
and Mayor Donald H. Rhodes.
Nays: None
Absent: None
City Council adopted the following Resolution of Commendation to Miss Lou Ann~
Jordan:
RESOLUTION OF COMMENDATION
It having come to.the attention of the City Council through
the press and the report of the City Police Department that on
Thursday~ June 15, 1972~ two thirteen year-old girls~ while
'swimming at Chesapeake Beach~ were prevented from drowning by the
efforts of a fourteen year-old, who, while swimming~ heard their
cry for help~ and did courageously and immediately respond at the
risk of losing her own life. There can be no high tribute paid
to anyone, than to say that the young lady, LOU ANNE JORDAN, did
without hesitation or fear~ risk her own life to save her fellow
man.
Now, Therefore, in recognition of this valued service to two
fellow human beings, the City Councii of %he City of Virginia Beach,
does herein publicly commend you for this heroic act~ and does
direct that the City Clerk spread this commendation upon the
permanent records of the City Council as part of the minutes of
today's meeting.
Given under my hand and seal this 26th day of June, 1972.
Donald H. Rhodes, Mayor
' ITEM #4752 ~'
On motion by Councilman Ervin, seconded by Councilman Waterfield, and by
recorded vote as follows:
Ayes: Councilmen~obe~t H. Cillis, Jr., Robert B. Cromwell, Jr., Frank A.
Dusch, F. Reid Ervin, George R. Ferrell, Clarence A. Holland, D. Murray
Malbon, J. Curtis Payne, Vice Mayor Earl M. Tebault, Floyd E. Waterfield,
Jr., and Mayor Donald H. Rhodes.
~ys: None
Absent: None
City Council adopted the following Resolution of Recognition of the Princess
Anne High School Golf Team for winning the 1972 State Championship:
R E S O L U T I O N OF C O M M E'N D A T I O N
WHEREAS, it has come to the attention of the Virginia Beach
City Council that the Golf Team of Princess Anne High School has
won the 1972 State Championship, and
kS{EREAS, the receipt of this title has brought high honor
to this City, golf being one of the'most ~avored sports of this
resort City, and
WHEREAS, this achievement demonstrates the skill and
sportsmanship of each. individual, and also indicates their ability
to work as a team, and by so doing, illustrates the leadership and
training which made this accomplishment possible.
NOW, THEREFORE,.in recognition of this accomplishment, the
City Clerk is directed to enter this resolution in the minutes of
today's meeting.
Given under my hand and seal this ~26th day of June, 1972.
Donald }-I. Rhodes, blayor
ITEM #4753
Mr. F. Stuart King appeared before City Council regarding his request for
permission to move a one story frame residence from 38th Street to the corner
of 9th Street and Cypress Avenue (Shadowlawn Heights) which was previously
denied by Council on June 5, 1972. Mr. King indicated that he had met with
the civic league s~bseq~ent to the denial and after explaining the renovations
he is planning for the present structure, the civic league indicated that they
would not oppose his request for a house moving permit. A call to Mrs. Ackiss
p._resident of Shadowlawn Heights Civic League, indicated that they were not
~ opposition.
.~ motion by Councilman Callis, seconded by Vice Mayor Tebault, and by recorde~
vote as follows:
Ayes: Couhcilmen Robert H. Callis, Jr., Robert B. Cromwell, 3r., Frank A.
Dusch, F. Reid Ervin, George R. Ferrell, Clarence A. Holland, D. Murray
Malbon, J. Curtis Payne, Vice Mayor Earl M. Tebault, Floyd E. Waterfield,
Jr., and Mayor Donald H. Rhodes.
Nays: None
Absent: None
City council rescinded their previous motion of June 5, 1972, denying the
request of F. Stuart King for a moving permit to move a one story frame
residence, 21' x 25', from 210 A 38th Street, Virginia Beach, to Lots 32 and
34, Block 37, Shadowlawn Heights, 9th Street, Virginia Beach Borough.
(City Council Minutes--June 5, 1972--Item #4672)
ITEM #4754
On motion by Councilman Callis, seconded by Councilman Dusch, and by recorded
_~ote as follows:
zes: Councilmen Robert H. Callis, Jr., Robert B. Cromwell, Jr., Frank A.
~usch, F. Reid Ervin~ George R. Ferrell, Clarence A. Holland, D. Murray
Malbon, J. Curtis Payne, Vice Mayor Earl M. Tebault, Floyd E. Waterfield,
Jr., and Mayor Donald H. Rhodes.
Nays: None
Ab sent: None
City Council approved the request of Mr. F. Stuart King to move a one story
frame residence, 21' x 25', from 210 A 38th Street, Virginia Beach, to Lots
32 and 34, Block 37, Shadowlawn Heights, 9th Street, Virginia Beach Borough;
subject to any stipulations or recommendations that may be required by Mr.
Reeves Johnson,.Assistant to the Director of Community Services.
ITEM #4755
Mr. Shepard Smith appeared before City CQuncii requesting a waiver to the
Zoning Moratorium to allow him to file.an application with the Planning
Department for a Change of Zoning from Agriculture to Commercial on a small~
portion of his property, approximately 40,000 square feet, located between
._[lam Neck Corner and Nimmo Church on the West side of Oceana Boulevard.
here was no motion to permit the waiver of the Zoning Moratorium as requeste,
uy Mr. Smith.
ITEM #4756
Councilman Ervin, in conjunction with a previous request from Councilman
Cromwell, requested Mr. Scott to try to have taken down several structures
on the North side of Shore Drive near Wake Forest Road that are in very bad
repair and have been condemned by the City for human habitation.
ITEM #4757
Application of Aqueous Development Co., by Grover C. Wright, Jr., Attorney, for
a Use Permit to ~onstruct a 55-unit apartment (condominium) on certain property
loc-'~-ed on the Southeast cprner of Atlantic Avenue.and 37th Street, running a
distance of 150 feet along the East side of Atlantic Avenue, running a distance
.._ of 150 feet along the South side of 37th Street, running a distance of 150 feet
along the Eastern property line and running a distance of 150 feet'along the
Southern propertY line. Said parcel ks known as Lots 4, 5, 6, Block 85 and con-
tains 22,500 square feet. VIRGINIA BEACH BOROUGH. .
The Planning Commission recommends approval of this request subject to City water
and sewer required by the Health Department. The motion for approval further
suggests participation in school site acquisition. Engineering Division requires
s~andard site plan requirements to include minimum width of 30 feet for the
entrance on Atlantic Avenue. The Commission recommends that the requirement for
a concrete boardwalk be waived in favor of a sidewalk similar to the improvements
provided to the property directly to the North (Howard Johnson's Motel).
Mr. Grover Wright, Attorney, appeared on behalf of the applicant.
On motion by Councilman Callis, seconded by Councilman Dusch, and by recorded
vote as follows:
Ayes: Councilmen Robert H. Callis, Jr., Robert B. Cromwell, Jr., Frank A.
Dusch, F. Reid Ervin, George R. Ferrell, Clarence A. Holland, D. Murray
Malbon, J. Curtis Payne, Vice Mayor Earl M. Tebault, Floyd E. Waterfield,
Jr., and Mayor Donald H. Rhodes.
Nays: None
'--~bsent: None
ity Council approved the above application of Aqueous Development Co., for
a Use. Permit to construct a 55-unit apartment (condominium) on certain propert
located on the Southeast corner of Atlantic Avenue and 37th Street, running a
distance of 150 feet along the East side of. Atlantic Avenue, running a distanc
of 150 feet along the South side of 37th Street, running a distance of 150 fee
along the Eastern property line and running a distance of 150 feet along the
Southern property line; said parcel is known as Lots 4, 5, 6, Block 85 and con
tains 22,500 square feet, Virginia Beach Borough; subject to City water and
sewer as required by the Health Department; subject to participation in school
site acquisition; subject to standard site plan requirements to include minimu
width of 30 feet for the entrance on Atlantic Avenue as required by the
Engineering Division. Approval is further subject to the requirement for a
concrete boardwalk being waived in favor of a sidewalk similar to the improve-
ments provided to the property directly to the North (Howard Johnson's Motel).
ITEM #4758
Application of Waynes Furniture Company, Incorporated, by Kaufman, Oberndorfer
and Spainhour, AttorneYs, for a Chanoe of~ from Multiple Family Residence
District (R-!4) and Limited Commercial District 1 (C-L l) to General Industrial
District 1 (~t-I l) on certain property beginning at a point 350 feet more or.
'-- less West of Nelms Lane and running a distance of 655 feet more or less along
the North side of Virginia Beach Boulevard, running a distance of 1048 feet
more or less along the Western property line, running a distance of 653 feet
more or less along the ~lorthern property line and running a distance of 1050
feet more or less along the Eastern property line. Said parcel contains 12.391
acres.' {Clear Acres Area). BAYSIDE BOROUGH.
The Planning Commission recommends approval of this change of zoning as requested
subject to City water and sewer required by the Health Department. Approval is
further subject to a dedication of right of way 80 feet from the center line of
the existing 120-foot right of way along the 655-foot more or less frontage on
Virginia Beach Boulevard (20-foot dedication). Engineering Division requires
standard site plan requirements to include pavement widening, curb and gutter,
sidewalks and necessary storm drainage along Virginia Beach Boulevard. The
motion for approval deleted the requirement of the Engineering Division that
~arnett Point Road be extended westerly through the property which requires a
50-foot right of way dedication with standard 30-foot roadway section.
Mr. Jay Wilks appeared on behalf of the applicant.
Mr. E. R. Johnson appeared in opposition to the above application.
On motion by Councilman Holland, seconded by 'Councilman Cromwell, and by
recorded vote as follows:
--yes: Councilmen Robert H. Callis, Jr., Robert B. Cromwell, Jr., Frank A.
usch, F. Reid Ervin, George R. Ferrell, Clarence A. Holland, D. Murray
~albon, J. Curtis Payne, Vice Mayor Earl M. Tebault, Floyd E. Waterfield,
Jr., and Mayor Donald H. Rhodes.
Nays: None
Absent: None
City Council approved the above application of Haynes Furniture Company,
Incorporated for a Change of Zoning from Multiole Family Residence District
(R-M) and Limited Commercial District 1 (C-L 1) to General Commercial for
the entire tract, as amended from the original request for a change of zoning
to General Industrial District 1 (M-I 1), on~ certain property beginning at a
point 350 feet more or less West of Nelms Lane and running a distrance of 655
feet. more or less along the North side of Virginia Beach Boulevard, running a
distance of 1048 feet more or less along the Western property line, running a
distance of 653 feet more or less along the Northern property line and runninl
a distance of 1050 feet more or less along the Eastern property line; said
parcel contains 12.391 acres (Clear Acres Area) Bayside Borough; subject to
City water and sewer as required by t~e. Hea%th Department; subject to the
dedication of right of way 80 feet fro~ the center line of the existing 120-
foot right of way along the 655-foot more or less frontage on Virginia Beach
Boulevard (20-foot dedication), which 20 foot dedication will be made after
~he building permit has been granted by the cognizant department; subject to
he Engineering requirements for standard site plans to include pavement
..idening, curb and gutter, sidewalks and necessary storm drainage along
Virginia Beach Boulevard. Approval is further subject to the continuation of
Garnett Point Road extended westerly through the property which will require
a 50-foot dedication wit~ a standard 30 foot road way section..Approval is
also subject to a review by the cognizant departments and officials of the
site plan for the construction with intention to adjust the number of parking
spaces required upon review of the site plan by the Administrative staff.
'ITEM #4759
r. Bruce Murphy appeared on behalf of the petitioners.
On motion by Councilman Cromwell, seconded by Councilman Waterfield, and by
recorded vote as follows:
Ayes: Councilmen Robert H. Callis, Jr., Robert B. Cromwell, Jr., Frank A.
Dusch, F. Reid Ervin, George R. Ferrell, Clarence A. Holland, D. Murray
Malbon, J. Curtis Payne, Vice Mayor Earl M. Tebault, Floyd E. Waterfield,
Jr., and Mayor Donald H. Rhodes.
Nays: None
Absent: -None
City Council deferred for two weeks consideration of a street closure matter
relative to the application of Oceana Church of Christ to close an unnamed
20' Lane in Lynnhaven Borough.
ITEM #4760
On motion by Councilman Cromwell, seconded by Councilman Holland, and by
recorded vote as follows:
zes: Councilmen Robert H. Callis, Jr., Robert B. Cromwell, Jr., Frank A.
_asch, F. Reid Ervin, George R. Ferrell, Clarence A. Holland, D. Murray
MalbOn, J. Curtis Payne, Vice Mayor Earl M. Tebault, Floyd E. Waterfield,
Jr.., and Mayor Donald H. Rhodes.
Nays: None
Absent: None
City Council approved the following Ordinance appointing Viewers relative
to closing a portion of Ocean Avenue in Bayside Borough: ]_?~//~,../ ~(~)._.
ORDINANCE APPOINTING VIEWERS
WHEREAS, the Young Women's Christian Association of Tidewater
Areas of Virginia (formerly Young Women's Christian Association of
Norfolk), has given due and proper notice, in accordance with the statutes
for such cases made and provided, that it would 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 whether, in the opinion of said viewers, any, and if any, what
inconvenience would result 'from the discOntinuing of the hereinafter
described portion of Ocean Avenue in the Lynllhaven Borough of the City
Virginia Beach, Virginia,
Council.
NOW, THEREFORE,
Virginia Beach, Virginia:
That George L. Hanbury
William W. Fleming
and have filed such application with the said
be it ordained by the Council of the City of
Charles C. Carrington and
are hereby appointed to view the below described property and report in
writing to the Council on or before July 17 , 197Z, whether in
their opinion, any, and if any, what inconvenience would result from the
dis Continuing,
.~d in the
closing, and vacating of that certain portion of Ocean Avenue,
Borough of Lynnhaven, City of Virginia Beach, Va. an.
described as follows:
ALL that certain portion o'f'Ocean Avenue, lying immediately
.north of Lots 1 through 6, inclusive, Block A, as shown on
the plat entitled "Lynnhaven-Beach Amended Map of Property
of Lynnhaven Beach and Park, Princess Anne County, Virginia"
dated 1913, which said plat is duly recorded in the Clerk's
Office of the Circuit Court of the City of Virginia Beach,
Virginia, in Map Book 5, at page 71, situate and being in the
City of Virginia Beach, Virginia, and being more particularly
bounded and described as follows:
BEGINNING at a stone at the southeast intersection of Avenue
A with Ocean Avenue, the same being the northwest corner
of Lot 1, Block A, on the aforementioned plat, running thence
in a northerly direction N 5° ZI' 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 the northern side
of Ocean Avenue where the western side of what was formerly
Seventh Street, if extended, would intersect the northern
line of Ocean Avenue; thence turning and running in a southerly
direction S 5° 21' E. 100 feet to a point, the same being the
northeast corner of Lot 6, Block A on the aforementioned
plat; thence turning and running in a westerly direction along
the southern side of Ocean Avenue S 84° 39' W. 300 feet to a
stone, the point of beginning aforesaid.
ITEM #4761
On motion by Councilman Ferr~ll, seconded by Councilman Malbon, and by
.-~ecorded vote as follows:
yes: Councilmen Robert H. Callis, Jr., Robert B. Cromwell, Jr., Frank A.
Dusch, F. Reid Ervin, George R. Ferrell, Clarence A. Holland, D. Murray
Malbon, J. Curtis Payne, Vice Mayor Earl M. Tebault, Floyd E. Waterfield,
Jr., and Mayor Donald H. Rhodes.
Nays: None
Absent: None
City Council approved the following Ordinance appointing Viewers relative
to closing Sand Trap Lane in Kempsville Borough:
'ORUINANCB APPOINTING VIEWERS
WHEREAS, Ilonald A. Sprinkle has- given due and proper_ notice,
in accordance with the statutes for such cases made and provided,
that he would, 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 whether, in the opinion of said viewers, any, and
if any, what inconvenience would result from the discontinuing
of the hereinafter described Sand Trap Lane in the Kempsville
Borough fo the City of Virginia Beach, Virginia, and has filed
such application with the said Council.
NOW, THEREFORE, be it ordained by the Council of the City
of Virginia Beach,. Virginia:
That'' George L Hanbury, Charl~es''C. 'Carringt'on and
William W. Fleming
are hereby appointed to view the below described property and
report in writing to the Council on or before July 17,
1972, whether in their opinion, .any, and if any, what inconvenienc
would result from the discontinuing, closing and vacating of the
said Sand Trap Lane, located in the Borough of Kempsville,
City of Virginia Beach, and described as follows:
That certain road, known as Sand Trap Lane, as set
out in red on the plats entitled "Subdivision of Larkspur,
S~ction Five", duly recorded in the Clerk's Office of
the Circuit Court of the City of Virginia Beach, Virginia,
in Map Book 59, at page 40; "Subdivision of Larkspur,
Section Six", duly recorded in the Clerk's Office
aforesaid in Map Book 71, at page 40; and "Subdivision
of Larkspur, Section Nine", duly recorded in the
Clerk's Office aforeshid, in'Map Book 80, at page 33; and
with reference to said plats being more partiCularly
bounded and described as follows, to-wit:
Beginning at a point in the eastern line of Sand Trap
Lane, which point also marks the northwestern corner
of Lot 1, as shown on the aforesaid plat of "Subdivision
of Larkspur, Section Five", and from said point of beginning
running along the eastern line of said Sand Trap Lane on
a course S. 33° 41' 10" East a distance of 2,293.10 feet
to a point in the eastern side of Sand Trap Lane, being
also the southwestern corner of Lot 179, on the aforesaid
plat of "Subdivision of Larkspur, Section Nine", thence
turning and running across Sand Trap Lane on a course
S. S1° 18' S0" West a distance of 50 feet to a point in
the western line of the said Sand Trap Lane, which
said western line of Sand Trap Lane is also the eastern
line of that certain Virginia Electric and' Power Company
66' R/W as shown on the aforesaid plats of "Subdivision
of Larkspur, Section Six", and "Subdivision of Larkspur,
Section Nine", and being also the eastern line of that
certain N. & S. R. R. R/W, as shown on the aforesaid plat
of "Subdivision of Larkspur, Section Five"; and from
said point thence turning and running along the said
western line of Sand Trap Lane on a course N. 38° 41' 10"
West a distance of 2,293.10 feet to a point opposite the
northwestern corner of Lot 1, as shown on. the aforesaid
plat of "Subdivision of Larkspur, Section Five"; thence
turning and running across Sand Trap Lane on a course
N. 56° 08' 30'7 East a distance of 50.18 feet to the point
of beginning.
(COUNCILMAN CROMWELL LEFT THE COUNCIL CHAMBERS)
ITEM #4762
On motion by Councilman Payne, seconded by .Councilman Ferrell, and by recorder
vote as followS:
Ayes: Councilmen Robert H. Callis, Jr., Frank A. Dusch, F. Reid Ervino Georg{
R. Ferrell, Clarence A. Holland, D. Murray Malbon, J. Curtis Payne, Vice Mayo~
Earl M. Tebault, Floyd E. Waterfield, Jr., and Mayor Donald H. Rhodes.
Nays: None
· Absent: Councilman Robert B. Cromwell, Jr.
City Council approved on second reading the following Ordinance to amend and
reordain Sections of Chapter 20 of the City Code relating to business license:
ITEM #4763 ~
On motion by Councilman Malbon, seconded by Vice Mayor Tebault, and by recorde
vote as follows:
Ayes: Councilmen'Robevt H. Callis, Jr., Frank A. Dusch, F. Reid Ervin, George
R. Ferrell, Clarence A. H~lland, D. Murray Malbon, J. Curtis Payne, Vice Mayor
Earl M. Tebault, Floyd E. Waterfield, Jr., and Mayor Donald H. Rhodes.
--'lays: None
~sent: Councilman Robert B. Cromwell, Jr.
City Council approved on first reading the following Ordinance relating to the
imposition and levy of license tax, amending and reordaining section 20-6 of
the City Code:
AN ORDINANCE TO AMEND AND REORDAIN SECTION
20-6. OF THE CODE OF THE CITY OF VIRGINIA
BEACH RELATING TO IMPOSITION AND LEVY OF
LICENSE TAX
BE IT ORDAINED BY THE COUNCIL OF.THE CITY OF VIRGINIA BEACH,
VIRGINIA:
That Section 20-6. is hereby amended and r¢ordained to read as
follows: -
That the second paragraph is hereby deleted.
This ordinance is effective on and after May 1, 1973.
'First reading: June 26, 1972
Second reading:
Adopted by the Council of the City of Virginia Beach, Virginia
on the day of , 1972.
ITEM #4764
On motion by Councilman Ferrell, seconded by Councilman Malbon, and by record~
vote as follows: ~'
Ayes: Councilmen Robert H. Callis, Jr., F'rank A. D~sch, F. Reid Ervin,'Georg,
R. Ferrell, Clarence A. Holland, D. Murray Malbon, J. Curtis Payne, Vice Mayo:
Earl M. Tebaul~, Floyd E..Waterfield, Jr., and Mayor Donald H. Rhodes.
Nays: None
Absent: Councilman Robert B. Cromwell, Jr.
'.ity Council approved the following Ordinance to amend and reordain Section
4-9 of the City Code relating to 'the Board of Electrical Examiners:
AN ORDINANCE TO AMEND AND REORDAIN SECTION
14-9. OF THE CODE OF THE CITY OF VIRGINIA
BEACH RELATING TO BOARD OF ELECTRICAL
EXAMINERS
Requested by City Manager
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA:
That Section 14-9. is hereby amended and reordained to read as
follows:
In the second line of the second paragraph thereof substitute
"city council" for "city manager."
This ordinance shall be in full force and effect from date of
passage.
Adopted by the Council of the City of Virginia Beach, Virginia,
on the 26th day of June , 1972.
(COUNCILMAN DUSCH LEFT THE COUNCIL CHAMBERS)
ITEM #4765
On motion by Councilman Ferrell, secqnded'by Councilman Waterfield, and by
recorded vote as follows: '
Ayes: Councilmen Robert H. Callis, Jr., F. Reid Ervin, George R. Ferrell,
--larence A. Holland, D. ~.lurray Malbon, J. Curtis Payne, Vice Mayor Earl M.
ebault, Floyd E. Waterfield, Jr., and ~layor Donald H. Rhodes.
~ays: None
Absent: Councilmen Robert B. Cromwell, Jr. and Frank A. Dusch '
City Council adopted the following Resolution pertaining to a system of Federl
Revenue Sharing:
The regular meeting of the Council of the City,of Virginia
Beach, Virginia, was held in the Council Chambers of the Adminis-
tration Building of the City of Virginia Beach on
On motion by Mr. Ferrell and seconded by Mr. Waterfield
the following~resolution was unanimously adopted.
RE'SOLUTION
~EREAS, the local property tax is rapidly reaching its
pracCical limits and is not responsive to inflation and is in-
adequate to meet the growing service needs of an urban population,
thereby seriously limiting the ability of local governments to
respond effectively Go local needs as well as to national problems;
and
WHEREAS, the Federal income tax structure is the most
equitable means to support general government, is uniform on a
~national basis, and its revenues increase ~t least as rapidly as
costs; and
WHEREAS, it is apparent that the most equitable and effec-
.tive way to strengthen local government as a partner in the
Federal system is through sharing the Federal income tax revenue;
and
WHEREAS, Federal revenue sharing would recognize that the
income tax comes from all of the people of the United States, in
every city and county, and should not be exclusive province of
that government which can.levy and collect it most easily; and
WHEREAS, the adoption of revenue sharing would give further
substance to the Federal system 'by strengthening the states and
localities in solving urban problems.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
city of Virginia Beach that Virginia's representatives be urged
to support a system of revenue sharing and
BE IT FURTHER RESOLVED that a copy of this resolution be
forwarded to the congressional delegation representing the City of
Virginia Beach.
ITEM #4766
On motion by Councilman Waterfield, seconded by Councilman Ervin, and by
recorded vote as f~llows:
Ayes: Councilmen Robert H~ Callis, Jr., F. Reid Ervin, George R. Ferrell,
Clarence A. Holland, D. Murray Malbon, J. Curtis PaYne, Vice Mayor Earl M.
__Tebault, Floyd E. Waterfield, Jr'., and Mayor Donald H. Rhodes.
~ys: None.
Absent: Councilmen Robert B. Cromwell, Jr. and Frank A. Dusch.
City Council adopted the following Resolution pertaining to the provision of
the construction of a Federal Project fo'r beach erosion control and hurricane
protection between Rudee Inlet and 89th Street in the City:
The regular meeting of the Council of the City of Virginia Beach,
.... Virginia, was held in the Council Chambers of the Administration Building
of the City on June 26, 1972, at 2:00 p.m.
Om motion by Mr. Waterfield and seconded by Mr. Ervin
the following resolution was unanimously adopted:
RESOLUTION
WHEREAS, the twenty-eight miles of the Atlantic shoreline within
Virginia Beach, Virginia, contains a wide variety of environmental settings,
including intensively developed resort areas, residential areas, state parks
m a wildlife refuge and military reservations; and
WHEREAS, said shoreline also includes long stretches of white sand
· beaches enhanced by a mild climate, thus providing many valuable forms of
outdoor recreational opportunities for the loca% residents, citizens of
the Commonwealth of Virginia and tourists from throughout the United. States
of America; and
WHEREAS, a major problem affecting this important shoreline is the
wave attack during major storms and hurricanes on many portions of the
beach and the adjacent areas; and
WHEREAS, the instability and recession of the beach due to erosion
and past storms, has resulted in &.~red~'ct%on of the width of the beach,
and, therefore,'making less area available for recreational use, and ~
--- causing heavy damages to homes, buildings and other improvements; and
WHEREAS, the Army Corps of Engineers has projected that the average
annual damages from such storms will be 1.7 million dollars for the City
of Virginia Beach, and in addition will pose the threat of loss of life,
interruption of business and a decrease in property values; and
WHEREAS, the CitY of Virginia Beach desires that adequate protective
measures be provided to mitigate losses from future coastal storms and
beach erosion, ~nd ~ restore and preserve the beach as a recreational
facility for future uses, and as a protective barrier for existing and
future shoreline development.
NOW~ THEREFORE, BE IT RESOLVED by the City Council of the City of
Virgini~ Beach that the City Council hereby request the Congress of the
United States that the existing project for beach erosion control at
Virginia Beach, Virginia, authorized by the River and Harbor Acts approved
on September 3, 1954 and October 23, 1962, as amended, be modified to
provide for the construction of a federal project for beach erosion
control and hurricane protection between Rudee Inlet and 89th Street in
the City of Virginia Beach in accordance with the plan of improvement
entitled "Virginia Beach, Virginia, Feas~ibility Report for Beach Erosion
Control and Hurricane ProteCtion'' submitted to the Secretary of the Army
~on November 2, 1971, by the Chief of Engineers; and
BE IT FURTHER RESOLVED, that the Council of the City of Virginia
Beach assures its cooperation and participation in the project as set
out in the aforementioned report; and
BE IT FURTHER RESOLVED, that the city. Manager is hereby directed to
express the position of Council of the City of Virginia Beach at the sub-
committee hearing on Flood Control-Rivers and Harbors on June 28, 1972;
and that the City Clerk is hereby directed to forward a copy of this
resolution to the congressional representatives who represent the City
of Virginia Beach.
ITEbt #4767
On motion by Councilman Waterfield, seconded by Councilman. Malbon, and by
recorded vote as follows; ~
Ayes: Councilmen Robert H. Callis, Jr., F. Reid Ervin, GeorgeRR. Ferrell,
Clarence A. Holland, D. Murray Malbon, J. Curtis Payne, Vice Mayor Earl M.
Tebault, Floyd E.,Waterfield, Jr., and Mayor Donald H. Rhodes.
Nays: None ~ -~
.Absent: Councilmen Robert B. Cromwell, Jr. and Frank A. Dusch.
ity Council approved the following Ordinance to recognize fire companies and
,escue squads as' an integral part of the official safety program of the City:
AN ORDINANCE TO RECOGNIZE FIRE COMPANIES
AND RESCUE SQUADS AS AN INTEGRAL PART
OF THE OFFICIAL SAFETY PROGRAM OF THE
CITY OF VIRGINIA BEACH
WHEREAS, persons engaged in firefighting and rescue squad
operations, both professional and volunteer, render necessary and
valuable services to the City of Virginia Beach; and
WHEREAS, in rendering such servic'es, such persons often risk
their lives; and
WHEREAS, the Commonwealth of Virginia has ~nacted legislation
through the line of Duty Act which provides indemnification for fire-
men and rescue squadsmen killed in the line of duty, both professional
and volunteer provided that the fire company or rescue squad of which
the "deceased".was a member has been recognized by an ordinance of
the City which it serves as an integral part of the official safety
program of such City; and
WHEREAS, it appears proper that the City should acknowledge and
recognize the sacrificial services of these firemen and rescue squads-
men;.
NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH:
In gratitude to and in recognition of the caluable and necessary
services performed by the Fire.-Cp~Panies and Rescue Squads and the
individual membgrs thereof both professional and volunteer which serve
the City of Virginia Beach, the following fire companies and rescue
squads are recognized and acknowledged to be an integral part of the
official safety program of this City:
Blackwater Volunteer Fire & Rescue Squad, Inc.
Chesapeake Beach Volunteer Fire & Rescue Squad, Inc.
Creeds Volunteer Fire & Rescue ~quad, Inc.
Davis Corner VolunVecr Fire & Rescue, Inc.
Kemp~vi!!e volunteer Fire & Rescue Squad, Inc.
Ocean Park Volunteer Fire & Rescue Squad, Inc.
Plaza Volunteer Fire & Rescue Squad, Inc.
Princess Anne Volunteer Fire & Rescue Squad, Inc.
Knotts Island Volunteer Fire & Rescue Squad, Inc.
Virginia Beach Rescue Squad, Inc.
London Bridge Volunteer Fire Department, Inc.
Oceana Volunteer Fire Department, Inc.
Seatack Volunteer Fire Department, Inc.
Thalia Volunteer Fire Department, Inc.
Virginia Beach Borough Volunteer Department
Virginia Beach Borough Fire Department
Virginia Beach Fire Department
This ordinance shall be effective from date of passage.
Adopted by the council of the City of Virginia Beach, Virginia,
on the 26th day of June , 1972.
For state law for authority see 'Section 15.2-136.2, Code of Virginia~
(COUNCILMAN CROMWELL RETURNED TO THE COUNCIL CHAMBERS)
--.
COUNCILMAN DUSCH. RETURNED TO THE COUNCIL CHAMBERS)
ITEM #4768
On motion by Councilman Payne, seconded by Councilman Waterfield, and by
recorded vote as follows:
Ayes: Councilmen Robert H. Callis, Jr., Robert B. Cromwell, Jr., Frank A.
Dusch, F. Reid Ervin, George R. Ferrell, Clarence A. Holland, D. Murray
Malbon, J. Curtis Payne, Vice Mayor Earl M. Tebault, Floyd E. Waterfield,
Jr., and Mayor Donald H. Rhodes.
Nays: None
Absent: None
City Council adopted the following Resolution listing specific projects or
developments that are to be excluded from the provisions of Chapter 711 of
the Acts of Assembly of 1972 referred to as the Wetlands Bill:
The regular meeting of the Council of the' City of Virginia
Beach, Virginia, was held in the Council Chambers of the Adminis-
tration Buil~ding of the City on June 26, 1972.
On motion by Mr, Payne and seconded by Mr. Waterfield
the following resolution was unanimously adopted. ~.
RESOLUTION
WHEREAS, Chapter 711 of'the Acts of Assembly of 1972, approved
Apri~l 10, 1972, hereinafter referred to as the Wetlands Bill, amended
the Code of Virginia by adding in Title 62.1 a chapter numbered 2.1,
containing Sections 62.1-13.1 through 62.1-13.20, and relating generally
to protection of Virginia Wetlands; and
WHEREAS, the Wetlands Bill will require permits on and after
July 1, 1972, for certain activities in areas defined as "wetlands',' by
Section 62.1-13.2 (f); and
WHEREAS, the Wetlands Bill will not require permits fox any project
commenced prior to July 1, 1972, or for any project or development as
to which, prior to July 1, 1972, a plan or plan of development has
been filed pursuant to law with either an agency of the federal or
state government or with either the Planning Commission or City Council
of the jurisdiction in which the project or development is located.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
That the hereinafter listed projects or developments have filed
plans or plans of development with the Council of the City of Virginia
Beach, Virginia, to-wit:
11.
12.
1. Pleasure House Creek
2.. Long Creek (1)
3. Long Creek (2)
4. Long Creek (3)
5. Rudee Inlet Waters
6. Eastern Branch-Lynnhaven River
7. 'Western Branch-Lynnhaven River
8. Canal #1 (Rudee Inlet to North Bay).
9. Canal #2 (Eastern Branch of Lynnhaven Bay
to North Landing River).
10. Canal #3 (Eastern Branch of Elizabeth River
to Nor th Landing River).
Canal #4 (Rudee Inlet to Linkhorn Bay).
Thalia Creek
ITEM #4769
On motion by Councilman Ervin, seconded by Councilman F~rrell, and by recorded
vote as follows:
Ayes: Councilmen Robert H. Callis, Jr.., Robert B. Cromwell, Jr., Frank A.
Dusch, F. Reid Er~in, George R. Ferrell, Clarence A. Holland, D. Murray
Malbon, Vice Mayor Earl M. Tebault, Floyd E. Waterfield, Jr., and Mayor
Donald H. Rhodes. ~
---ays: None
~sent: Councilman J. Curtis Payne.
City Council adopted the following Resolution approving the future dredging
plan in Owl's Creek Estuary presented by the Erosion Commission:
PROPOSED RESOLUTION
WHEREAS, the Virginia Beach Erosion Commission, a State agency
is chartered to maintain and protect the beach from erosion; and
WHEREAS, the above said Co~nission has a continuing need for new
sources of replenishment sand for the-beach; and
WHEREAS, the Virginia Beach Erosion Commission has documented and
presented to this Council a future dredging plan in Owl's Creek estuary;
Plates I and II entitled Future Dredging in Owl's Creek Estuary dated
June 1,. 1972, prepared by Langley, McDonald & Overman; and
WHEREAS, the plan submitted by the.said Commission has been reviewed
and found to be in accordance with the planned development of the City; and
WHEREAS, the anticipated public and private benefits to be derived
from the execution of the aforementioned plan are significant and vital:
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That this Council hereby approves the plans so submitted, all of
which are satisfactory to this Council 9~d directs that said Virginia Beach
Erosion Commission proceed with the dredging when and as required.
ITEM #4770
City Council deferred consideration of the Wetlands Ordinance; a copy of which
was presented to them by M~. Fleming.
ITEM #4771
Mr. Roger Scott introduced to City Council the 1972 Virginia Beach Municipal
Fellows who are:
Kathleen A. Guion--assigned to the Department of Personnel; Project
Director, Mr. A. V. Watts, Jr. Kathy is returning for a second year
as an intern and is serving as Program Coordinator. She is also
preparing a study on a Beneficial Suggestion Plan for city employees
which will include an analysis of suggestion plans employed by private
industries and local and federal government.
Helen E. Weems--assigned to the Department of Economic Development;
Project Director, Mr. A. J. deBellis, Helen is also returning for a
second summer She will be logging the acres of present and potential
development for military, commercial, industrial, and residential areas,
as well as marshes, lakes, canals, and waterways in the city for a record
of net acreage. -
L.inda K. Stone--assigned to the Department of Public Libraries; Project
Director, Mr. E. S. Clay. Lin'da is.preparihg a survey on Library usage
in the various libraries throughout the city. Her report is in three
phases including a quest'ionnaire distributed to patrons in the Library,
a questionnaire sent to various patrons by mail, and interviewing patrons
at various branches. Her report will include who uses the library, why
patrons come to the library and the types of library services most often
used.
W. David Singletary--assigned to the Department of Public Utilities;
Project Director, Mr. R. L. Barefield. Dave is documenting the location
of sewer and water pipes in the Beach Borough which have never been
accurately recorded.
Elliott Light--assigned to the Office of the City Manager; Project Directo
Mr. G. E. Tinnes. Elliott is working' with another intern on a Franchise
Study for Cable T.V.
Christ Taylor--also assigned to the CATV project. This report will
include: a study of projected use of CATV, a market survey to inform
the public about CATV, and finally a study which would determine the
needs and uses of various city .departments and agencies for cable
services.
T. Meade Kampfmueller, Jr.--assig~e~ tff the Department of Community
Services; Project Director, Mr. W. Iq. Fleming, Jr. His project will
involve a pamphlet for developers on the procedures and forms which
must be used in subdivisions, and a computerization of subdivision
records.
(COUNCILMAN PAYNE RETURNED TO THE COUNCIL CHAMBERS)
ITEM #4772
n motion by Councilman Ferrell, seconded by Councilman Ervin, and by recorded
vote as follows:
Ayes: Councilmen Robert H. Callis, Jr,, Robert B. Cromwell, Jr., Frank A.
Dusch, F. Reid Ervin, George R. Ferrell, Clarence A. Holland, D. Murray
Malbon, J. Curtis Payne, Vice Mayor Earl M. Tebault, Floyd E. Waterfield,
Jr., and Mayor Donald H. Rhodes.
Nays: None
Absent: None
'City Council approved an appropriation of $13,316. from the Reserve for
Contingencies in the Fiscal Year 1973 Operating Budget for increases in
the budget of the Health Department, as a result of action taken by the
1972 General Assembly which became known to the Administrative Staff sub-
sequent to the adoption of the fiscal Year 1973 budget.
ITEM #4773
On motion by Vice Mayor Tebault, seconded by Councilman Holland, and by record~
vote as follows:
.yes: Councilmen Robert H. Callis, Jr., Robert B. Cromwell, jr., Frank A.
_Jusch, F. REid Ervin, George R. Ferrell, Clarence A. Holland, D. Murray
Malbon, J. Curtis Payne, Vice Mayor Earl M. Tebault, Floyd E. Waterfield,
Jr., and Mayor Donald H. Rhodes.
Nays: None
Absent: None
City Council approved an appropriation in the amount of $11,290. from the
Reserve for Contingencies fund in the Fiscal Year 1973 budget to the budget
of the Real Estate Assessor for additional personnel needs as follows:
One Clerk .II to be employed, effective
July 1, 1972, at a 20 A pay step
$ 3,720.
One Clerk Typist I to be employed,
effective Sept. 1, 1972, at a 20 A
pay step
One Draftsman II to be employed"' .'
effective Sept. 1, 1972, at a 28 A
pay step
3,100.
4,470.
$11,290.
ITEM #4774
On motion by Councilman Ho~land, seconded by Councilman Dusch, and by recorde~
vote as follows:
~yes: Councilmen Robert H. Callis, Jr., Robert B. Cromwell, Jr., Frank A.
~usch, F. Reid Ervin, George R. Ferrell, Clarence A. Holland, D. Murray
Malbon, J. Curtis Payne, Vice Mayor Earl M. Tebault, Floyd E. Waterfield,
'Jr., and Mayor Donald H. Rhodes.
Nays: None
Absent: None
City Council approved an appropriation of $8,250. to be made in the Fiscal
Year 1973 budget to employ a social worker under the Southeastern Virginia
Areawide Model Project (SEVAMP) program for the elderly and further approved
an increase in the estimated revenues of the Fiscal Year 1973 budget in the
amount of $9,750.
ITEM #4775
On motion by Councilman Payne, seconded by Councilman Ferrell, and by recorde~
vote as follows:
Ayes:. Councilmen Robert H. Callis, Jr.,' Robert B. Cromwell, Jr., Frank A.
Dusch, F. Reid Ervin, George. R. Ferrell, Clarence A. Holland, D. Murray
Malbon, J. Curtis Payne, Vice Mayor Earl .M. Tebault, Floyd E. Waterfield,
-'~r., and Mayor Donald H. Rhodes.
fays: None
Absent: None
City Council noted its intention to hold a closed meeting on July 10, 1972,
for the purpose of discussing items permitted for discussion under the Freedor
of Information Act of the Commonwealth of Virginia.
ITEM #4776
On motion by Councilman Ferrell, seconded by Councilman Dusch, and by recorde(
vote as follows'
Ayes: Councilmen Robert H. Callis, Jr., Robert B. Cromwell, Jr., Frank A.
Dusch, .F. Reid Ervin, George R. Ferrell, Clarence A. Holland, D. Murray
Malbon, J. Curtis Payne, Vice Mayor.Earl M. Tebault, Floyd E. Waterfield,
Jr., and Mayor Donald H. Rhodes.
Nays: None '"
Absent: None
:ity Council declared the daY, July 3, 1972 a legal holiday for all City
mployees.
ITEM #4777
n motion by Councilman Ferrell, seconded by Councilman Holland, and by
Richard J. We~on, City ~'lerk
City of Virginia Beach,
Virginia
Donald H. Rhodes, Mayor
June 26, 1972