MAY 14, 1973
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MINUTES OF THE HONORABLE CITY COUNCIL
OF THE
CITY OF VIRGINIA BEACH~ VIRGINIA
May 14, 1973
The regular meeting of the Council of the City of Virginia Beach,
Virginia was held in the Council~Chambers in the Administration
Building in the Borough of Princess Anne, on Monday, May 14, 1973,
at 2:00 p.m.
The invocation was given by the Reverend Mark Stone, London Bridge
Baptist Church, Virginia Beach, Virginia.
Councilmen present: John A. Baum, Robert H. Callis, Jr., Mayor Robert
B. Cromwell, Jr., Vice Mayor F. Reid Ervin, George R. Ferrell, Charles
W. Gardner, Clarence A. Holland, D. Murray Malbon, J. Curtis Payne,
Donald H. Rhodes, and Floyd E. Waterfield, Jr.
Councilmen absent: None
ITEM #5835
On motion by Councilman Ferrell, seconded by Councilman Payne, and by
recorded vote as follows:
Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Mayor Robert B.
Cromwell, Jr., Vice Mayor F. Reid Ervin, George R. Ferrell, Charles W.
Gardner, Clarence A. Holland, D. Murray Malbon, J. Curtis Payne, Donald
H. Rhodes, and Floyd E. Waterfield, Jr.
Nays: None
Absent: None
City Council approved the Minutes of the Regular Meeting of May 7, 1973,
and the reading of said Minutes dispensed with inasmuch as each Councilman
had a copy of the subject Minutes before him.
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ITEM #5836
I n motion by C9uncilman Waterfield, seconded by Councilman Gardner, and by
. nanimous 'vote, the following Resolution was presented to Police Officer
: er geant R. F. Lippert:
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The regular meeting of the Council bf the City of Virginia
Beach, Virginia, was held in the C~uncil Chambers of the Adminis-
tration Building of the City of Virginia Beach on
.- On motion by Mr. Waterfield and seconded by Mr. Gardner
the following resolution was unanimously adopted.
RES 0 L UTI 0 N
WHEREAS, on April 19, 1973 an armed robbery took place at Fass
Brothers Fish House on Laskin Road; and
WHEREAS, the Virginia Beach Police Department was summoned
and officers arrived on the scene while the robbery was still in
progress; and
WHEREAS, when one of the gunmen demanded transportation for
himself and his hostage, Sergeant R. F. Lippert, realizing the
perilous situation of the hostage, disarmed himself and disregard-
ing his own life and safety stepped into the open and offered the
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gunman transportation; and
WHEREAS, Sergeant Lippert thereby became a hostage himself and
remained such until he and other officers succeeded in disarming
the gunman.
NOW, THEREFORE BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH:
That the Council of the City of Virginia Beach takes pleasure
in extending its praise and sincere appreciation to Sergeant R. F.
Lippert for unquestioned bravery, heroic actions and willingness to
risk his life above and beyond the call of duty.
BE IT FURTHER RESOLVED, that the Clerk is directed to spread
a copy of this resolution on the minutes of this day's meeting.
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5/4/73
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ITEM #5837
)n motion by' Councilman Payne, seconded by Councilman Malbon, and by
unanimous vote, the following Resolution WJS presented to Police
Jfficer Detective J. M. Curran:
The regular meeting of the Cp'uncil of th~ (,.~ty of Virginia
Beach, Virginia, was held in the Council Chambers of the Adminis-
tration Building of the City of Virginia Beach on
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On motion by MY. Payne and seconded by Mr. Malbon
the following resolution was unanimously adopted.
RES 0 L UTI 0 N
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WHEREAS, on April 19, 1973 an ar-med robbery took place at Fass
Brothers Fish House on Laskin Road; :}nJ
WHEREAS, the VirginV' each Pol i \~c Department was summoned
and officers arrived on the scene while the robbery was still in
progress; and
WHEREAS, when one of the gunman held a police officer and a
civilian hostage in an automobile, Detective J. M. Curran, realizing
the perilous situation of the hostages, disregarded his own life
and safety, approached the automobile from the right rear and with
exceptional skill and accuracy fired through the glass wounding
the gunman, th",,/.nabling his fellow officers to disarm and apprehend
the gunmanc~'<free the hostages.
NOli;',1'HEREFORE BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
That the Council of the City of Virginia Beach takes pleasure
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~~ extending its praise and sincere appreciation to Detective Jo Mo
Curran for his unquestioned bravery, heroic actions and willingness
to risk his life in the line of duty.
BE IT FURTHER RESOLVED, that the Clerk is directed to spread
a copy of this resolution on the minutes of this day's meeting.
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5/4/73
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ITEM #5838
There being a large delegation of persons in the Council Chambers
representing the residents of Kings Grant, Inlynnview, Little Neck,
Pembroke Meadows, and other areas concerned in the proposed construction
of "Old Donation Parkway". Mayor Cromwell, with the consent of the
Councilmen, agreed to hear the matter prior to other items.
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Mayor Cromwell requested the City-Manager to make the report regarding
the proposed "Old Donation Parkway" which had been requested at the
Council Meeting of May 7, 1973. Mr. Roger M. Scott, City Manager,
acknowledged the request and introduced Mr. William W. Fleming, .
,- Director of Community Services, whose department is in charge of the
construction and maintenance of highways in the City.
Mr. Fleming noted that each Councilman had been provided with a written
report titled "Old Donation Parkway" by the City Administration Staff.
The report is on file in the Office of the City Clerk, it sets forth
the steps incident to the proposed construction of the Parkway and
recommends its construction.
The following persons, on behalf of the area residents, opposed the
construction of Old Donation Parkway;
Doctor Elsworth H. Plump, representing the Kings Grant - Lynnhaven
Little Neck Civic Leagues, submitted petitions with 1200 signatures
which are filed with the City Clerk in addition to the presentation
made by Doctor Plump.
Mrs. Marcia Dumay, representing Pembroke Meadows and Pembroke Shores
Civic League, Board of Directors, expressed opposition to the
construction.
The following persons expressed approval of the proposed Parkway:
Mr. James L. Teeter indicated that consideration should be given to the
future traffic congestion resulting from failure to provide arterial
roads for access by emergency vehicles to reach the subject area.
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Mr. H. Jack Jennings, Jr. indicated his concern in general with the
failure to view the matter in the light of the land and rights-of-way
which have been dedicated, together with loss of State funding to build
the proposed parkway to provide ready access for future development.
After considerable debate between the Councilmen, Vice Mayor Ervin
made the following motion: .
RESOLUTION
Whereas there is considerable public opposition to the construction of ttc
proposed "Old Donation Parkway", and,
Whereas there is substantial evidence that such construction would
create a harmful impact on the affected communities, and,
Whereas the planning and right-of-way acquisition for the proposed
construction apparently proceeded without the benefit of a properly
advertised public hearing,
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Therefore, be it resolved that the Master Transportation Plan for the Ci1y
of Virginia Beach be hereby amended to delete that proposed ninety foot
divided arterial highway extending from Bonney's Corner via Kempsville and
Witchduck Roads, Pembroke Boulevard, King's Grant, Newcastle, Little Neck
and Inlynnview Roads to terminate near Virginia Beach General Hospital
on First Colonial Road, said highway being commonly referred to as "Old
Donation Parkway".
Be it further resolved that no additional planning or right-of-way
acquisition be undertaken for this proposed construction until a full
public hearing is conducted and that the information available at such
hearing shall include an environmental impact statement, a projected cost
estimate for the total project and a center-line survey.
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Councilman Malbon offered an amendment to the previous motion, requesting
elimination of that portion of the proposed Old Donation Parkway between
Fi'rst Col"onial Road and Great Neck Road. Councilman Malbon seconded the
motion providing the amendment he proposed. be included.
Councilman Payne indicated that he could not vote for the original motioIl
with ~he amendment as presented indicating that any changes in the Master
Transportation Plan would be subject to' public hearing and he understood
that the plan had been properly aqvertised, but apparently not everybody
got the word.
Councilman Rhodes suggested adequate public hearings on roads similar to
,- the meetings held throughout the City on the land use plans.
Vice Mayor Ervin indicated that he would have no objections to amending
the original-motion in the second and third paragraph in order to get it
adopted.
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Councilman Payne inquired as to whether the adoption of the Resolution
proposed would "bog" down the construction of roads badly needed in the
City?
Mayor Cromwell, in the following statement, pointed out to Council that
"we have inadequate roads ill the City ~nd now we have a road that has
been planned for ten years, nd we ha " three million dollars worth of
R/W, which is of value to every taxpayer in the City and I frankly think
you are ducking an issue, people would much rather see you vote for or
against it today".
Mayor Cromwell inquired is there any road which has been mentioned in
the list that is exactly like Old Donation Parkway, in which the State
has acquired right-of-way and so far has actually been constructed, I
know Diamond Springs Road, Extended, and Five Forks Road will be
extremely unpopular in Bayside, but unless this Council has the fortitudl~
to go ahead with long range planning frankly we are going to end ub with
a horrible traffic situation in Virginia Beach.
Councilman Ferrell indicated that in many areas (Pembroke Meadows -
Kings Grant) the roads have been planned for ten years and people have
moved in since the planning.
Councilman Rhodes proposed a substitute resolution "that a public hearing
De held in each of the four major population boroughs of the City, and
any Councilman who desires may hold one in all seven ~oroughs concerning
the Comprehensive Transportion Plan, with particular emphasis upon the
construction of "Old Donation Parkway" as planned, however, other roads
such as Lord Dunmore through the Fairfield Area, Churchill Drive, South
or Southern Boulevard, also the extension of Diamond Springs Road, Five
Forks Road, in the Bayside area as well as other roads throughout the
City, which should be included. He indicated that up until the last t~o
weeks the public hearing had been adequate. He indicated he would vote
for a deferral pending further study,in addition he felt that without
the RJW being required it would be difficult to obtain road dedications :n
the developers; City not to stop acquiring R/W from developers".
Councilman Baum stated that the wording was not clear, even though the
intent was evident.
Mr. Browner advised City Council that'Federal Law required the holding o~
pub lie hearings prior to rece i ving fUJlding as s is tance, and that such hea'il
must be held every five years. ,Master transportation Plan is a part of
Comprehensive Plan and for that reason any changes would require
advertising and public hearings ,by both the Planning Commission and the
City Council before they could becdme effective.
Councilman Baum indicated that ~~~needed a review of whatever "Master
Transportation Plan" we have as '~he had seen nothing on the matter since
he became a Councilman, regardin~lthe planning of the overall City.
Communications is lacking with the.public. He indicated the need for
update wi th concerned agencies. :'
The Mayor indicated a need for ~ ~lear policy by City Council in order t(1
enable the operating departments~o require highway dedications.
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Councilman Rhodes indicated that he would second the motion made by
Vice Mayor Ervin if he would include the roads previously noted, as he
had been accused of representing Terry Corporation, client of his Law
Firm who have dedicated R/W in Pembroke area for Old Donation Parkway,
and that if such is the case he would have to abstain from voting.
After'withdrawal of the amendment made by Councilman Malbon, Councilman
Rhodes made the following motion in.the form of a Resolution:
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"Whereas there is considerable public concern regarding the construction
of several proposed roads with the City of Virginia Beach included but
not limited to Old Donation Road, Extension of Diamond Springs Road,
Five Forks Road, Lord Dunmore, Churchill Drive, and South or Southern
Boulevard.
Now, therefore be it resolved that the aforementioned roads be the subjec
of public hearings, a hearing to be held in the areas of the City in whic:
the aforementioned roads are located, and,
That it be further resolved that no additional planning or R/W
acquisition be undertaken until such public hearing has been conducted
and that the information available at such hearing should include an
environmental impact statemr t, a pro: \:ted cost estimate for the total
projects and center line sUl'"eys".
Mayor Cromwell inquired if the passage of the Resolution would indicate
that a dedication of R/W would not be requ~red of developers?
Mr. Fleming requested guidance from Council as to how he is to negotiatE!
with the State of Virginia for URBAN AND TOPICS (road funds). On some
of the roads in question the State is committed to amounts in excess of
Thirty Million Dollars.
General discussion took place regarding funds made available or committed.
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Mr. Fleming recited the funds and development of roads and funding of
which he had knowledge.
Councilman Rhodes repeated his Resolution:
"Whereas there is considerable public concern regarding the construction
of several proposed roads with the City of Virginia Beach included but
not limited to Old Donation Parkway, Extension of Diamond Springs Road,
Five Forks Road, Lord Dunmore, Churchill Drive, and South or Southern
Boulevard,
Now, therefore be it resolved that the aforementioned roads be the subj I;C
of public hearing, a hearing to be held in the areas of the City in whil:h
the aforementioned roads are located, and,
That it be further resolved, that no additional planning or R/W
acquisition be undertaken until such public hearing has been conducted
and that the information available at such hearing should include an
environmental impact statement, a projected cost estimate for the total
projects and center line surveys".
Vice Mayor Ervin presented his original Resolution with certain
amendments as follows:
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Whereas there is considerable public opposition to the construction of
~he proposed "Old Donation Parkway", and,
Whereas such construction would create a harmful impact on the affected
communities,
Therefore, be it resolved that no further construction, except that
between Great Neck Road and First Colonial Road, be undertaken for this
proposed Parkway until a full public hearing is conducted and that the
information at the hearing include an environmental impact statement, a
projected cost estimate for the total project and a center-line survey.
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On motion by Vice Mayor Ervin, seconded by Councilman Malbon, and by
recorded vote as follows:
Ayes: Councilmen John A. Baum, Vice Mayor F~ Reid Ervin, and D. Murray
Malbon.
Nays: C~uncilmen Robert H. Callis, Jr., Mayor Robert B. Cromwell, Jr.,
George R. Ferrell, Charles W. Gardner, Clarence A. Holland, J. Curtis
Payne, and Floyd E. Waterfield, Jr.
Abstain: Councilman Donald H. Rhodes
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Absent: None
The motion was lost. Old Donation Parkway will be constructed as
originally proposed in the Master Transportation Plan and the Comprehensive
Zoning Ordinance.
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ITm1 #5839
In the matter of Southern and/or South Boulevard, which extends
through the area of Windsor Woods and Windsor Oaks, City Council on
May 7th requested a report from the Director of Community Services,
Mr. William Fleming.
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Mr. Fleming advised City Coun~il that the subject road appeared
in the report of Wilbur Smith Associates dated 1963 and was shown on
the plans for the construction of the Virginia Beach toll road; in
addition it was shown on the model of Mt. Trashmore. He indicated that
the homes in Windsor Woods were constructed with the rear of the build-
ings abutting Southern Boulevard and facing feeder roads in order to
provide privacy. Plats indicating the development of the area and the
construction of Southern Boulevard extended over a period of years thus
indicating prior planning to meet the developing needs of the community.
Mrs. Elaine Kuhn, representing the Windsor Woods-Windsor Oaks Civic
League, opposed the extension of Southern Boulevard through the area as
a connecting link with Independence Boulevard on the west end, claiming
that it would be used as a by-pass road to avoid the 25~ toll on the
expressway and would, in addition, create a traffic hazard for school
children. Mrs. Kuhn said that in previous meetings with representatives
of the City that they had been notified that Southern Boulevard would
not become a major arterial highway, but would terminate in Ht. Trash-
more City Park. She requested that road blocks be established in the
park to prevent through traffic. Mrs. Kuhn suggested that files be
maintained by the City regarding all matters pertaining to any area
encompassed by specific civic leagues in order that they might be
fully advised of all activites, proposed roads, zoning changes, use
permits, etc., which were in the area. Mrs. Kuhn suggested that
Southern Boulevard be used only as an access road to the parking area
at Mt. Trashmore.
Appearing in favor of the construction of the road were:
Mrs. Gwen Wood
Mrs. Amelia Spiotta
Mr. Frank Butler
Mr. Andrew Fine
Mr. Maurice Steingold
A consensus of their opinions indicated a need for an east-west road
in the area to reach Rosemont Road from Baxter Road without going on
Virginia Beach Boulevard. It appears that we need more inner city
roads to enable ready access to all areas. It was indicated that
right of way had been secured for the proposed Southern Boulevard and
that it was on the planned roads of the City.
After considerable discussion between the Councilmen, Councilman
Rhodes moved, seconded by Councilman Ferrell, that the City staff pre-
sent a recommendation to Council, thirty days from date "dwelling upon
the implementation of this road to serve the primary need of access to
and from the recreation area and de-emphasize the through aspects of
it'.' .
Ayes: Councilmen John A. Baum, .Mayor> Robert B. Cromwell, Jr., George
R. Ferrell, Charles W. Gardner,Clarence A. Holland, D. Murray ~lalbon,
J. Curtis Payne, Donald H. Rhode~, and Floyd E. Waterfield, Jr.
Nays: Councilman Robert H. Callis,' Jr.
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Absent: Vice Mayor F. Reid Ervin'.
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ITEH>'#;5840
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The report on Churchill Road wa~'deferred for three weeks from date.
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ITEM #5841
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Appltcltien of stlnley Fisher for a trailer variance from 2500 feet to
500 f_t Oft certain property located on the South side of West Landing
Road. .west of West Neck Road. PRINCESS ANNE BO~OUGH.
Pllnn1ng ta.l1ssion Recommendation:
A motion by the Planning Commission was passed for approval of this request
for I period of bfo years.
On motion by Councilman Payne, seconded by Councilman MaiEon~and by
recorded vote as follows: .
Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Mayor Robert B.
Cromwell, Jr., Vice Mayor F. Reid Ervin, George R. Ferrell, Charles W.
Gardner, Clarence A. Holland, D. Murray Malbon, J. Curtis Payne, Donald
H. Rhodes, and Floyd E. Waterfield, Jr.
Nays: None
Absent: None
City Council approved the abo~e applicJtion of Stanley Fisher for a
trailer variance from 2500 feet to 500 feet on certain property located
on the South side of West Landing Road, west of West Neck Road in the
Princess Anne Borough. Approval is for a period of two years.
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ITEM #5842
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Application of Wayne J. and Wanda ~11er for a trafler variance from 2500
feet to 60 feet III)re or less on certain property located North of Harpers
Ro.~, Elst of London Bridge Road. PRINCESS ANNE BOROUGH.
Planning ~ssion Recommendation:
A MOtton b.r ~ 'lann1ng Commission was piSSed for approval of this request
_~~~ I,P'.~~ f!f, bo years. .
On motion by Councilman Payne, seconded by Councilman Malbon, and by
recorded vote as follows:
Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Mayor Robert B.
Cromwell, Jr., Vice Mayor F. Reid Ervin, George R. Ferrell, Charles W.
Gardner, Clarence A. Holland, D. Murray Malbon, J. Curtis Payne, Donald
H. Rhodes, and Floyd E. Waterfield, Jr.
Nays: None
Absent: None
City Council approved the above applIcation of Wayne J. and Wanda Miller
for a trailer variance from 2500 feet to 60 feet more or less on certain
property located North of Harpers Road, East of London Bridge Road in th~
Princess Anne Borough. Approval is for a period of two years.
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ITEM #5843
Application of Gersal Constructfon Corporation for a Change of Zon1n~ from
Residence Suburban Dtstrtct 4 (R-S 4) to Multiple Famf'y Resldence 0 strict
(R-M) and a Use Permit to construct 3fi townhouses on certain property located
on the SouthWest corner of Pleasure House Road and Br1gadoon Drive running a
distance of 200 feet along the West side of Pleasure House Road, running a
distance of 435.60 feet along the South side of Brigadoon Drive, running a
distance of 200 feet along the Western property line and running a d1stance
of 435.60 feet along the Southern property tine. Said parcel is known as
Lots 17 and 18, a.yside Corporation. and contains 2 acres. (Bradford
Terrace Area). BAYSIDE BOROUGH.
Planning Commission Recommendation:
A motion by the Planning Commission was passed for approval of this request
subject to the following:
1. The Usa Perm1t be modified from 36 townhouses to 24 townhouse units.
2. Water and sewer line fees required. (Public Utilities)
3. Standard site plan requirements including pavement widening, curb and
gutter. s1dewalks and storm drains as necessary along Pleasure House Road and
Brigadoon Drive. (Engineering)
. 4. Additional recreation facilities be provided by developers. (Parks
and Recreat1on)
5. Suggest participation in school site acquisition.
6. Cfty water and sewer. (Uealth Department)
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Mr. James A. Evans, Attorney, appeared on behalf of the applicant.
Mr. Henri Ruhl, Chesapeake Beach Civic League, appeared in opposition
to the above application.
Mr. Joseph Parker appeared in opposition to the above application
Mr. Sa~Houston for the Council of Civic qrganizations appeared in
opposition of the above application.,
On motion by Councilman Holland, seconded by Councilman Gardner, and by
recorded vote as follows:
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Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Mayor ~chArt B.
Cromwell, Jr.. George R. Ferrell, Charles W. Gardner, Clarenc( ,~,. Holland,
D. Murray Malbon, J. Curtis Payne, Donald H. Rhodes, and Floyd l~.
Waterfield, Jr.
Nays: Vlce Mayor F. Reid Ervin
Absent: None
City Council approved the ab~ve appli_ation of Gersal Construction
Corporation for a Change of Zoning from Residence Suburban District 4
(R-S 4) to Multiple Family Residence District (R-M) and a Use Permit to
construct 36 townhouses on certain property located on the Southwest corner
of Pleasure House Road and Brigadoon Drive running a distance of 200 feet
along the West side of Pleasure House Road, running a distance of 435.60
feet along the~outh side of Brigadoon Drive, running a distance of 200
feet along the Western property line and running a distance of 435.60 feet
along the Southern property line. Said parcel contains 2 acres and is knowr
as Lots l7 and 18, Bayside Corporation. (Bradford Terrace Area). BAYSIDE
BOROUGH. Approval is subject to the following stipulations:
1. The Use Permit be modified frbm 36 townhouses to 10 townhouse
units.
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2. Water and sewer line fees required. (Public Utilities)
3. Standard site plan requirements including pavement widening,
curb and gutter, sidewalks and storm drains as necessary along
Pleasure House Road and Brigadoon Drive. (Engineering)
4. Additional recreation facilities be provided by developers.
(Parks and Recreation)
5. Suggest participation in,school site acquisition.
6. City water and sewer. t~eaithDepartment)
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ITEM. #5844
Appllcatfon of JIonnf. Cohen, III!f*berg and Clark for a Changj of t~ffg from
Multiple F.-fly Residence District (R,~) to limited Commerc ar-O s r ct 3
(C-L 3) on certain property beg1nn1n9,at a point 750 feet more or less West
of South Plaza Trail andrunninga:distanceof 525 feet more or less along
t~e Horth side of Holland Road, running a d1 stance of 111 0 feet more or 1 es s
a oog the Western property line, rul,m1:~g a distance of 385 feet more or less
along the Northern property lfneand :running adfstance of 1260 feet more or
1(eWs1sdalong the Eastern property line. ;Sa1d p~rcel contains 12 534 acres
n lor Oaks West Area}. KEMPSVILLE BOROUGH. '.
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Plannfng Conmhs1on ~conmendat10n: ;:,:"
A motion by the Planning Comnission was passed for approval of this request
subject to the following: , '.' ,
1. Water and sewer by the developers. (Public Utilities)
, 2. Standard s1te plan requirements fncludfng pavement wfdening, curb and
gutter, sidewalks and storm dra1ns as: necessary along Holland Road and f
:~~)rdance with the planned typical section when sites are develop~d. (E~gfneer-
" '1 3. Restricted amount of turning movements onto Holland Road by prov1d1nq
I f~ dngledj8ntrance to the proposed sho.pp1ng area. Right turn lane shall be pro-
vel acent to the westbound lan. Qf,Holland Road.
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Mr. Douglas Talbot appearing on behalf of the applicant.
Mr; Sam Houston for the Council of Civic Organization opposition to the
above application.
On motion by Councilman Rhodes, seconded by Councilman Ferrell, and by
recorded vote as follows:
Ayes: Councilman John A. Baum, Robert H. Callis, Jr., Mayor Robert B.
Cromwell, Jr., Vice Mayor F. Reid Ervin, George R. Ferrell, Charles W.
Gardner, Clarence A. Holland, D. Murray Malbon, J. Curtis Payne, Donald
H. Rhodes, and Floyd E. Waterfield, Jr.
Nays: None
Absent: None
City Council approved the above application of Nanni, Cohen, Weisberg and
Clark for a Change of Zoning from Multiple Family Residence District (R-M)
to Limited Commercial District 3 (C-L 3) on certain property beginning at
point 750 feet more or less West of South Plaza Trail and running a
distance of 525 feet more or less along the North side of Holland Road,
running a distance of 1110 feet more or less along the Western property
line, running a distance of 385 feet more or less along the Northern
property line, and running a distance of 1260 feet more or less along
the Eastern property line. Said parcel contains 12.534 acres. (Windsor
Oaks West Area). Kempsville Borough. Approval is subject to the follow:l.n
stipulations:
l. Water and sewer by the developers. (Public Utilities)
2. Standard site plan requirements including pavement widening, curb
and gutter, sidewalks and storm drains as necessary along Holland
Road, and in accordance with the planned typical section when sit
were developed. (Engineering)
3. Restricted amount of turning movements onto Holland Road by
providing a single entrance to the proposed shopping area. Right
turn lane shall be provided adjacent to the westbound land of
Holland Road.
4. There be maintained a sixty (60) foot buffer between the
construction of buildings and the South side of the lake where
it joins the residential area.
5. Developers agree to participate in signalization at the
intersection of Plaza Trail and Holland Road.
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ITEM #5845
A,p'l1cat1on of the Center of Advancements 1n Total Healing for a Use Pemit
to operate a medical facility and professional offices on certain property
known as the Marshalls Hotel located at the Northeast intersection of Atlantic
Avenue and 66th Street extending to Ocean Front. The applicant will occupy
Rooms 41, 42, and 43 of the Villa Section of said property located on lots
12 and'14, Block 15, Plat of Cape Henry, Section,E. (North Virginia Beach
Area). lYmtHAVEN BOROUGH.
Planning Commission Recommendation:
-~ A NOtion by the Planning Commission was passed for denial of this request due
to the opposftfon of the residents of the area.
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Mr. Robert L. Simpson, Attorney, appearing on behalf of the applicant
requesting withdrawal.
Mr. Peter Agelasto, Attorney, not opposed to the withdrawal of the above
application.
On motion by Vice Mayor Ervin, seconded by Councilman Waterfield, and by
recorded vote as follows:
Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Mayor Robert B.
Cromwell, Jr., Vice Mayor F. Reid Ervin, George R. Ferrell, Charles W.
Gardner, Clarence A. Holland, D. Murray Malbon, J. Curtis Payne, Donald
H. Rhodes, and Floyd E. Waterfield, Jr.
Nays: None
Absent: None
City Council denied the above application of Center of Advancement in
Total Healing for a Use Permit to operate a medical facility and
profe~sional offices on certain property known as the Marshalls Hot~l
located at the Northeast intersection of Atlantic Avenue and 66th Street
extending to Ocean Front. The application was denied due to opposition
of the residents of the area, and is in the North Virginia Beach Area.
Lynnhaven Borough.
ITEM #5846
Application of Lynnhaven Motel Development Corp. Co., for a Change of
~~~nl1fram Residence Duplex District 2 (R-D 2) to Residence DuplexlDistrict 2
- with a Motel, Tourist and Restaurant (T-2) Supplement and a Use Permit
for 40 motel efficiency condominiums on certain property located at ~ North-
west corner of Page Avenue and Jade Street, running a distance of 99.82 feet
along the North sfde of Page Avenue, running a distance of 401 feet along the
Eastern property line, running a distance of 125 feet along the Northern
property line and running a distance of 407 feet along the Western property
line. Said parcel to a depth of 175 feet more or less is currently zoned
R-D 2 with a T-2 Supplement. The total parcel contains 1 acre more or less.
(LynnhlYln Shores Area). lYNNHAVEN BOROUGH.
Planning Commission Recommendation:
A motion by the Planning Commission was passed for approval of this request
subject to the following:
1. Parking shall be provided at a ratio of 1.5 spaces per unit if the
units shall be greater than 500 square feet. (Planning)
2. Water and sewer line fees required. (Public Utilities)
3. Standard site plan requirements to include pavement widening, curb
and gutter, sidlWBlks and storm drains as necessary along Page Avenue.
a. A 15-foot drainage easement along eastern property line shall be
dedicated to the City of Virginia Beach and an adequately sized storm drain
constructed along Page Avenue to the b~. This drain shall be installed prior
to commencement of other site work. Surface drainage at this site shall be
collected on-site and discharged to the bay.
b. A City standard bulkhead wfth a top elevation of 12 feet M.S.l.
not forward of the 6-foot contour shall be constructed along the bay side.
c. Seventy-fave-foot turnbacks shall be constructed at the termini
of this bulkhead.
d. Seventy-five-foot pedestrian and vehicle easement from M.H.W. shall
be provided on beach. (~ng1neer1ng)
4. City water and sewer. (Health)
- - - . .
'1/ I
, Mr. Joseph Anderson 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., Mayor Robert B.
Cromwell, Jr., Vice Mayor F. Reid Ervin, George R. Ferrell, Charles W.
Gardner, Clarence A. Holland, D. Murray Malbon, J. Curtis Payne, Donald
H. Rhodes, and Floyd E. Waterfield, Jr. ·
Nays: None
Absent: None
,,~
City Council deferred for three weeks the above application of Lynnhaven
Motel Development Corpofation Company for a Change of Zoning from Residen(
Duplex District 2 (R-D 2) to Residence Duplex District 2 (R-D 2) with a
Motel, Tourist and Restaurant (T-2) Supplement and a Use Permit for 40
motel efficiency condominiums on certain property located at the Northwes1
corner of Page Avenue and Jade Street, running a distance of 99.82 feet
along the North side of Page Avenue, running a distance of 401 feet along
the Eastern property line, running a distance of 125 feet along the
Northern property line and running a distance of 407 feet along the
Western property line. Said parcel to a depth of 175 feet more or less l~
currently zoned R-D 2 with a T-2 Supplement. The total parcel contains 1
acre more or less. (Lynnhaven Shores Area). Lynnhaven Borough.
ITEM # 5847
Applfcat10n of Flotilla Fifty-Seven, Inc. ,for a c~~n~e of ~o{~nr from Residence
Suburban District 3 (R-S 3) to limited Commercial s rfct - 1) on cer-
tain property located beginning at a point 950 feet South of Cape Henry Drive,
~~' running I distance of 50 feet along the East side of North Great Neck Road,
running a dtstance of 321.99 feet along the Northern property Hne, ronning
a distance of 50.41 feet along the Eastern property line and running a distance
of 328.93 feet along the Southern property line. Said parcel is known as Lot
20. Plat of Lynnhaven Park and contains 16,300 square feet more or less.
(Lynnhaven Colony Area). LYNNHAVEN BOROUGH.
Planning Commission Recommendation:
A motion by the Planning Commission was passed for approval of this request
subject to the following:
1. Standard site plan requirements to include pavement widening, curb and
gutter. sidewalks and storm drains as necessary along Great Neck Road. (Engr.)
2. Dedication of right of way 55 feet from the centerline of the existing
8O..foot right of way along the 50-foot more or less frontage on North Great Neck
Road (15-foot dedication). (Real Estate)
3~ Planting screen and/or fence shall be required on property lines adjacent
to residential. (Planning)
"....
'II
Mr. J. O. Atkinson appeared on behalf of the applicant.
Mr. Joseph F. Fava, Jr., Lynnhaven Civic League, opposed to the above
application.
On motion by Councilman Malbon, seconded by Councilman Ferrell, and by
recorded vote as follows:
Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Mayor Robert B.
Cromwell, Jr., Vice Mayor F. Reid, Ervin, George R. Ferrell, Charles W.
Gardner, Clarence A. Holland, D. Murray Malbon, J. Curtis Payne, Donald
H. Rhodes, and Floyd E. Waterfield, Jr.
.~,
Nays: None
Absent: None
City Council approved the above application of Flotilla Fifty-Seven,
Incorporated, for a Change of Zonin~ from Residence Suburban District 3
(R-S 3) to Limited Commercial Distrlct 1 (C-L 1) on certain property
located beginning at a point 950 feet South of Cape Henry Drive, running
a distance of 50 feet along the East side of North Great Neck Road,
running a distance of 321.99 feet along the Northern property line, runni
a distance of 50.41 feet along the Eastern property line and running a
distance of 328.93 feet along the Southern property line. Said parcel is
known as Lot 20, Plat of Lynnhaven Park and contains 16,300 square feet
more or less. (Lynnhaven Colony Area). Lynnhaven Borough; Approval
is subject to the following stipulations~
I. Standard site plan requirements to include pavement widening,
curb and gutter, sidewalks and storm drains as necessary along
Great Neck Road. (Bngineering)
rt'w--
2. Dedication of right of way 55 feet from the centerline of the
existing SO-foot right of way along the 50-foot more or less
frontage on North Great Neck Road (IS-foot dedication)., (Real
Estate)
3. Planting screen and/or fence shall be required on property
lines adj acen t to res iden t i a1 . (P] anning)
,....
ITEM #5848
Applfcation of Brown-mis-Langhorne, Inc., by Grover C. Wright, Jr.,
Attorney, for a c~ of f~~ng from f-\J1tiple Family Residence District
(R-H) to Limited refa strict 3 (C-L 3) on certain property beginning
at . point 323.7 feet East of Red Robin Road, running a distance of 93.76
feet along the South side of Laskin Road. running a distance of 187.78 feet
along the Eastern property line, running a distance of 93.1 feet along the
Southern property line and running a distance of 184.37 feet along the
Western property line. Said parcel contains 0.4 acres more or less.
(Bfrdneck Acres Area). LVNNHAVEN BOROUGH.
Planntng Commtsston Recommendation:
A motton by the Planning Commission was passed for approval of this request
subject to the following:
1. Water and sewer line fees required. (Public Utilities)
2. Planting screen or the retention of the existing trees should be re-
quired to buffer the proposed use from adjacent residential property. (Planning)
3. Standard s1te,plan requirements to include pavement widening, curb and
gutter, sidewalks and storm drains as necessary along the marginal access road
(Laskin Road) when the site is developed. (Engineering)
4. Dedication of right of way 10 feet from the centerline of the existfng
l20-foot right of way along the 93.76-foot more or less frontage on Laskin Road
(lO-foot dedication). (Real Estate)
II I
Mr. Grover C. Wright, Attorney, appearing on behalf of the applicant.
Mr. Sam Houston of Council of Civic Organization in opposition to
the above application.
On motion by Vice Mayor Ervin, seconded by Councilman Malbon, and by
reco~ded vote as follows:
ft~'
I
Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Mayor Robert B.
Cromwell, Jr., Vice Mayor F. Reid'Ervin, George R. Ferrell, Charles W.
Gardner, Clarence A. Holland, D. Murray Malbon, J. Curtis Payne, Donald
H. Rhodes, and Floyd E. Waterfield, Jr.
Nays: None
Absent: None
City Council approved the above application of Brown-Arris-Langhorne,
Incorporated, by Grover C. Wright, Jr., Attorney, for a Change of Zonin(
from Multiple Family Residence District (R-M) to Limited Commercial
District 3 (C-L 3) on certain property beginning at a point 323.7 feet
East of Red Robin Road, running a distance of 93.76 feet along the South
side of Laskin Road, running a distance of 187.78 feet along the Eastern
property line and running a distance of 184.37 feet along the Western
property line. Said parcel contains 0.4 acres more or less. (Birdneck
Acres Area). Lynnhaven Borough; approval is subject to the following
stipulations:
1. Water and sewer line fees required. (Public Utilities)
2. Planting screen or the retention of the existing trees should be
required to buffer the proposed use from adjacent residental
property. (Planning)
,,~
3. Standard site plan requirements to include pavement widening,
curb and gutter, sidewalks and storm drains as necessary along
the marginal access road (Laskin Road) when the site is develope
(Engineering)
4. Dedication of right of way 70 feet from the centerline of the
existing l20-foot right of way along the 93.76-foot more or
less frontage on Laskin Road (lD-foot dedication). (Real EstatE
'.....
I
ITEM #5&49
Applicatton of Annie M. Green for a Change of Zg~i~g from Multiple Family
R8sidence District (R-M) to Limited Commerc~ 5 rict 3 (C-L 3) on certain
property located on the Southwest corner of Maxey Drive and Laskin Road,
runntng a distance of 74.6 feet along the South side of Laskin Road, running
a distance of 299 feet along the West side of Maxey Drive, running a distance
of 374 feet along the Southern property line and running a distance of 417
feet along the Western property line. Said parcel is known as lot 16. Plat
of Maxey Manor. (Eastwood Villa Area). LYNNHAVEN BOROUGH.
Planning Commission Recommendation:
A motton by the Planning Commission was passed for denial of this request
IS the proposed request represents a commercial intrusion into an existing
residential area and is in conflict with the Great Neck Development Study
~fph tndicated multi-family use for this parcel.
dl I
,,- ~,-
Mr. Peter Ostrander appeared on behalf of Mrs. Annie M. Green.
, I
On motion by Vice Mayor Ervin, 'seconded by Councilman Gardner, and by
recorded vote as follows:
,-
Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Mayor Robert B.
Cromwell, Jr., Vice Mayor F. Reid Ervin, George R. Ferrell, Charles W.
Gardner, Clarence A. Holland, D. Murray Malbon, J. Curtis Payne, Donald
H. Rhodes, and Floyd E. Waterfield, Jr.
Nays: None
Absent: None
City Council denied the above application of Annie M. Green for a Change
of Zoning from Multiple Family Residence District (R-M) to Limited
Commercial District 3 (C-L 3) on certain property located on the South-
west corner of Maxey Drive and Laskin Road, running a distance of 74.6
feet along the South side of Laskin' Road, running a distance of 299 feet
along the West side of Maxey Drive, running a distance of 374 feet along
the Southern property line and running a distance of 417 feet along the
Western property line. Said parcel is known as Lot 16, Plat of Maxey
Manor. (Eastwood Villa Area.) Lynnhaven Borough. The application was
denied as the proposed request represents a commercial intrusion into an
existing residential area and is in conflict with the Great Neck
Development Study which indicated multi-family use for this parcel.
,-
ITEM #5850
Application of G. W. Nichols for a Use Permit for I recreational area (ltve
pony merry-go-round) on certatn property begtnning at a point 500 feet .ore
or less South of Indian River Road. running a distance of 257.5 feet more
or less along the West side of Princess Anne Road, running a distance of
150 feet along the Northern property ltne. running a distance of 260 feet'
more or less along the Western property line and running a distance of 150
feet more or 1 eS5 along the Southern property It ne . Sai d parcel conta1 ns
1 acre more or 1 ess. PUNGO BOROUGH.
Planning Commission Recommendation:
A motton by the Planning Commission was passed for approval of th1s request
subject to the following:
1. Adequate off-street parking and a 30-foot wide dr1vew~ shall be
provided. (Engineering)
2. Use Pe~t to be approved for a period of two years. (Planning)
Mr. G. W. Nichols appeared on behalf of his own application.
On motion by Councilman Waterfield, seconded by Councilman Rhodes, and by
recorded vote as follows:
""".
Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Mayor Robert B.
Cromwell, Jr., Vice Mayor F. Reid Ervin, George R. Ferrell, Charles W.
Gardner, Clarence A. Holland, D. Murray Malbon, J. Curtis Payne, Donald
H. Rhodes, and Floyd E. Waterfield, Jr.
Nays: None
Absent: None
City Council approved the above application of Mr. G. S. Nichols for a
Use Permit for a recreational area (live pony merry-go-round) on certain
property beginning at a point 500 feet more or less South of Indian River
Road, running a distance of 257.5 feet more or less along the West side of
Princess Anne Road, running a distance of 150 feet along the Northern
property line, running a distance of 260 feet more or less along the
Western property line and running a distance of 150 feet more or less
along the Southern property line. Said parcel contains I acre more or less
and is in the Pungo Borough. Approval is subject to the following
stipulations:
.lliIln'
'.""'~
,..'
III1
1. Adequate off-street parking and a 30-foot wide driveway shall
be provided. (Engineering)
.
2. Use Permit to be approved for a period of two years. (Planning)
.
ITEM. # 5851
AlJpltCltion of Sun Irwelten for a Use Permit to COftstruct 331 additional
...c,..at1OOI1 ~sites, total1ng 58ITttes on certain property beginning at
a point 1945 feet more or less North of Dam Neck Road and beginning It a
point 1200 feet more or less West of Ocean a Boulevard, running a distance
of 2150 feet 11IO,.. or less along the Northern property l1ne, running a dis-
tance of 1115 feet more or 'less along the Western property line and running
I distance of 3100 feet more or less 810ng the Southern property Hne and
ruMing a distance of 1175 feet more or less along the Eastern property
line. Said parcel contains 80.524 acres more or less. Plats with more de-
taned tnfonnat1on are aval1able tn the Office of the Department of City
Planning. (Red Wfng Part Area). PRINCESS ANNE BOROUGH.
Planning Commtssion Recommendation:
A motion by the Planning Commission was passed for approval of this request
for 331 additional recreational campsites, 250 campsites previously approved,
totaling 581 sites, subject to the following:
1. Retention of at least 50% of existing trees on each developed site and
that selective clearing be required on the remaining area. (Planning)
2. Approval shall be subject to the conditions placed on the previous
application for 250 sites:
a. Related facilities and related uses being developed at the same
time IS the campground is available for occupancy;
b. Standard site plan requirements as required by the Engineering
Division;
c. Dedication of right of way 45 feet from the centerline of the
existing 50-foot right of way along the 430-foot more or less frontage on
Oceana Boulevard (20-foot dedication) as required by Real Estate Division;
d. City water and sewer as required by the Health Department
Ind compliance with State Law on overnight campgrounds.
e. Eight percent of the area devoted to campsites shall be utilized
for permanent common active/passive recreational area.
f. If stoplight of stacking lanes are required due to the proposed
development, both shall be installed at the expense of the developer.
3. Water and sewer line fees required and standard water and sewer
agreements are also required. (Public Utilities)
4. Standard site plan requirements to include:
a. Twelve-foot pavement widening along the frontage on Oceana
Boulevard with by-pass and turnlanes as required for smooth traffic flow.
b. The main entrance shall align opposite the road in front of the
S.P.C.A. (Farm Road). This road shall be widened to 30 feet from Oceana
Boulevard to General Booth Boulevard since this road will serve as a primary
connection to the campground.
c. A 100-foot wide drainage easement (50-foot either side of center line)
is required along ditch running north-south through the site and ditch along north
property 11 ne.
d. Culverts under Jellystone Avenue shall be sized to handle the ex-
pected runoff from future upstream development. (Engineering)
5. Dedication 01 right of way 45 feet from the centerline of the existing
SO-foot right of way along the frontage on Oceana Boulevard (20-foot dedication).
(Real Estate)
6. City water and sewer. (Health)"
7. Recommend recreation space be developed Simultaneously with campground
construction. (Parks and Recreation) , .
III I
Mr. Frank Butler, Attorney. appearing on behalf of the applicant'~
Mr. Sam Houston of the Council of Civic Organizations appeared regarding
the traffic situation and providing a berm on buffer.
o~ motion by Councilman Payne, seconded by .Councilman Waterfield, and by
recorded vote as follows:
Ayes: 'Councilmen John A. Baum, Robert H.. Callis, Jr., Mayor Robert B.
Cromwell, Jr., Vice Mayor F. Reid Ervin, George R. Ferrell, Charles W.
Gardner, Clarence A. Holland, D. Murray Malbon, J. Curtis Payne, Donald
H. Rhodes, and Floyd E. Waterfield, Jr.
."", Nays: None
Absent: None
City Council approved the above application of Sun Investors for a Use
Permit to construct 331 additional recreational campsites, totaling-sB1
sites on certain property beginning at a point 1945 feet more or less
North of Dam Neck Road beginning at a point 1200 feet more or less West
of Oceana Boulevard, running a distance of 2150 feet more or less along
the Northern property line, running a distance of 1175 feet more or less
along the Western property line and running a distance of 3100 feet more
or less along the Southern property line and running a distance of 1175
feet more or less along the Eastern property line. Said parcel contains
80.524 acres more or less. Plats with more detailed information are
available in the Office of the Department of City Planning. (Red Wing
Park Area). Princess Anne Borough. Approval is subject to the following
stipulations:
1I;;tM
1. Retention of at least 50% of existing trees on each developed
site and that selective clearing be required on the remaining
area. (Planning)
2. Approval shall be subject to the conditions placed on the,previous
application for 250 sites:
a. Related facilities and related uses being developed at the
time as the campground is available for occupancy;
b. Standard site plan requirements as required by the Engineering
Division; .
c. Dedication of right of way 45 feet from the centerline of the
existing 50-foot right of way along the 430-foot more or less
frontage on Oceana Boulevard (20-foot dedication) as required
by Real Estate Division; .
d. City water and sewer as required by the Health Department and
compliance with State Law on overnight campgrounds;
e. Eight percent of the area devoted to campsites shall be
utilized for permanent common active/passive recreational area
f. If stoplight of stacking lanes are required due to the proposel
development, both shall be installed at the expense of the
developer.
,,,..
3. Water and sewer line fees required and standard water and sewer
agreements are also required. (Public Utilities)
4. Standard site plan requirements to include:
a. Twelve-foot pavement widening along the frontage on Oceana
Boulevard with by-pass and turnlanes as required for smooth
traffic flow.
b. The main entrance shall align opposite the road in front of
the S.P.C.A. (Farm Road). This road shall be widened to 30
feet from Oceana Boulevard to General Booth Boulevard since
this road will serve as a primary connection to the campground
I I I
"
. .. . 1 "I' .)" ~
A ~~09.,~:~Oi:'.t,':,..Hte ~}.~~~~ i~.~,;o~,lIen~ .c50.foo~ either side of
cente1":,::liln-e) '1'5 ,~~ along dit'thrunnlng north-south
thj~mijli :'ttie';s'ite .. iItc:1l"alorfg 'mnth property line.
C\l'lYe~t'5 under' J~l~~ Avenue shall be sized to handle t,he
expected runoff fOT future upstream development. (Engineering
5. Dedication of right of way 45 feet from the centerline of the
existing SO-foot right of way atong the frontage on Oceana
Boulevard (20-foot dedication). (Real Estate)
c.
4.
6. City water and sewer. (Health)
"_'I
7. Recommend recreation space be developed simultaneously with
campground con~truction. (Parks and Recreation)
ITEM #5852
AppUcation of Clval1er Hotel Corporation by ThOllls C. Broyles, Attorney,
for . Use Pennit to operate gift shops. clothing shOP. beauty shop, restau-
rants,~.vel agency, needlepoint shop and live entertainment as a subsidiary
use to the Cavalfer Oceanfront Hotel on certain property located on the
Southeast corner of Cavalier Drive and Atlantic Avenue, running a distance
of 418 feet along the South side of Cavalier Drive, running a distance of
320 feet along the Eastern property 11ne, running a distance of 329 feet
more or less along the Southern property line and running a distance of
335 feet more or less along the East stde of Atlantic Avenue. (VIRGINIA
BEACH BOROUGH.
Planning C~ssion Recommendation:
A IItton by the Planning Commission was passed for approval of this request.
Mr. James R. McHenry, Attorney, appearing on behalf of the applicant.
On motion by Councilman Callis, seconded by Councilman Gardner, and by
recorded vote as follows:
''''I
Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Mayor Robert B.
Cromwell, Jr., Vice Mayor F. Reid Ervin, George R. Ferrell, Charles W.
Gardner, Clarence A. Holland, D. Murray Malbon, J. Curtis Payne, Donald
H. Rhodes, and Floyd E. Waterfield, Jr.
Nays: None
Absent: None
City Council approved the above application of Cavalier Hotel Corporation
by Thomas C. Broyles, Attorney, for a Use Permit to operate gift shops,
clothing shop, beauty shop, restaurants, travel agency, needlepoint shop
and live entertainment as a subsidiary use to the Cavalier Oceanfront
Motel on certain property located on the Southeast corner of Cavalier
Drive and Atlantic Avenue, running a distance of 418 feet along the South
side of Cavalier Drive, running a distance of 320 feet along the Eastern
property line, running a distance of 329 feet more or less along the
Southern property line and running a distance of 335 feet more or less
along the East side of Atlantic Avenue. Virginia Beach Borough.
,.
II11
I'~
ITEM 158$3
_HCltt. fIf ..... AI. &anus for. US. Pemit for. nu"e"'Y (child c....
center) on cert.in property located atllti Northeast comer 01 Mediterranean
Ayenue and High Po1nt Ay."ue, running a distance of 100 feet along the East
11de of Mldtterranean Avenue, running a distance of 75 feet along the North
side 'Of High Point Avenue. running a distance of 100 feet along the Eastern
property l1ne Iftd runn1ng a ~istance of 75 feet along the' Northern property
11n.. Said pa~l il known as lots 13 ind 15, Block 22, Map of Shadow L.wn
Heights and contain. 7500 square feet. (Shadow Lawn Hetghts Area). VIRGINIA
BEACH BODJ9H.
Planntng ~ssion RacomMendat10n:
A ..tion by the Pl.nning Commission was palsed for denial of this requelt
as thts is an infrtngement on the existing neighborhood. Mediterranean
Avenue is I helY1'y traveled rOld Ind this is not a proper place for this
us.. Opposition of the residents of the area was presented.
Mr. Calvin Spain, Attorney, appeared on behalf of the applicant.
Mr. J. H. Jessup appeared in opposition to the above application.
Mr. James R. Wood appeared in opposition to the above application.
On motion by Councilman Callis, seconded by Councilman Gardner, and by
recorded vote as follows:
Ayes: Councilmen Robert H. Callis, Jr., Mayor Robert B. Cromwell, Jr.,
Vice Mayor F. Reid Ervin, Charles,.W. Gardner, Clarence A. Holland, D.
Murray Malbon, Floyd E. Waterfield, Jr.
Nays: Councilmen John A. Baum, George R. Ferrell, J. Curtis Payne,
and Donald H. Rhodes.
Absent: None
........
City Council denied the above application of Mrs. Alma Ganus for a Use
Permit for a nursery (child care center) on certain property locatea;at
the Northeast corner of Mediterranean Avenue and High Point Avenue,
running a distance of 100 feet along the East side of Mediterranean
Averiue, running a distance of 75 feet along the North side of High Point
Avenue, running a distance of 100 feet along the Eastern property line
and running a distance of 75 feet along the Northern property line. Said
parcel is known as Lots 13 and 15, Block 22, Map of' Shadow Lawn Heights
and contains 7500 square feet. (Shadow Lawn Heights Area). Virginia Bea
Borough. The application was denied as this is an infringment on the
existing neighborhood. Mediterranean Avenue is a heavily traveled road a
this is not a proper place for this use; also there was opposition from
the residents of the area.
1'l!Jj'>,
II I
.
.l.lJjJ'l ""054
App~fc.t1Oft of Marley V. Cole for a Use Permit to operate trailer sales
and service Oft certain property located at Lynn Shores Orive and Bonney
Road, running a distance of 225 feet more or less along the North side of
Bonney Road. running a distance of 170 feet along the Western property line,
running a d1sta~ce of ~20 feet along the Nor~hern property line (Norfolk
and Southern Ral1way Rlght of Way), and runnlng a distance of 220 feet more,
or less along the Western property line. Said parcel contains 1.0 acre more
or less. (Thalia Village Area). KEMPSVILLE ~OROUGH.
Planning Commission Recommendation:
A motion by the Planning Commission WI~ passed for approval of this request
subject to the following:
.1. Standard site plan.requirements to include paved parking with pro-
tectlve curbs (CG-2) at perlmeter; standard street improvements shall be
constructed along Bonney Road and shall include pavement widening of twenty-one
feet from. the center~ine of existing pavement, curb and gutter, sidewalks and
storm dralns as requlred; entrance width shall be restricted to a maximum of
forty feet. (Engineering)
. 2. A de~ication of right of way 30 feet from the centerline of the exist-
ing 30-foot rlght of way along the 225-foot more or less frontage on Bonney
Road (15-foot dedication). (Real Estate)
3. C!ty water and.sewer. (Health Department)
4. Slnce the appl1cant is not the owner of the property, 'approval is
subject to agreement by the owner to dedicate the right of way requirements
of the Real Est~te Division relative to Bonney Road and also the improvements
of Bonney Road.. reQw1red ~y ~e ~~;neerinq Division.
Mr. Charles C. CarrinsttMl.fl,.nint DirectoT, informed Council that
Mrs. Cole had telephoned hi- ..rlier requesting withdrawal of their
application since they wore .aable to ge~ the dedication.
On motion by Councilman Rho~, seconded by Councilman Waterfield, and b
recorded vote as follows:
.~
'''''"
Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Mayor Robert B.
Cromwell. Jr., Vice Mayor F. Reid Ervin, George R. Ferrell, Charles W.
Gardner, Clarence A. Holland, D. Murray Malbon, J. Curtis Payne, Donald
H. Rhodes, and Floyd E. W&t8"f"field, Jr.
Nays: No,ne
Absent: None
City Council approved the withdrawal of the above application of Harley
V. Cole for a Use Permit to operate trailer sales and service on certair
property located at Lynn Shores Drive and Bonney Road, running a distanc
of 225 feet more or less along the North side of Bonney Road, running a
distance of 170 feet along the Western property line, running a distancE
of 220 feet along the Northern property line (Norfolk and Southern Rail~
Right of Way), running a distance of 220 feet more or less along the
Western property line. Said parcel contains 1.0 acres more or less.
(Thalia Village Area). Kempsville Borough.
ITEM # 5855 I . '
On motion by Councilman Ferrell, sec~nded by Councilman Gardner, and by
recorded vote as follows:
'II!:"
Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Mayor Robert B.
Cromwell, Jr., Vice Mayor F. Reid Ervin, George R. Ferrell, Charles W.
Gardner, Clarence A. Holland, D. Murray Malbon, J. Curtis Payne, Donald
H. Rhodes, and Floyd E. Waterfield, Jr.
Nays: None
Absent: None
City Council approved on second reading the request of the Department (I
Parks and Recreation to transfer $17,500 ($10,000 from code 11020-151,
and $7,500 from code 11020-152 to code 11020-831, Capital Outlay) to
purchase three trucks needed for the transportation of personnel, equip
ment and supplies in order to assume the grass cutting operation for
Virginia Beach City schools.
,..-. - -..- .-......- . ~ .---_. -.-.--
II I
ITEM # S855 'r"
On motion by Councilman Gardner, seconded by Councilman Payne, and by
recorded vote as follows:
Ayes: Councilmen JOhn A. Baum, Robert H. Callis, Jr., Mayor Robert B.
Cromwell, Jr., Vice Mayor F. Reid Ervin, George R. Ferrell, Charles W.
Gardner, Clarence A. Holland, D. Murray Ma1bon, J. Curtis Payne, Donald
H. Rhodes, and Floyd E. Waterfield~ Jr.
Nays: None
Absent: None
.'"
City Council approved on second reading the following supplemental
budget from May IS-July 1, 1973, to cover water system start-up:
Customer Service and Office (1-1/2 month)
22 personnel
equipment
Field Crews - Water Service (1 month)
33 personnel
equipment
$ 13,774
51,515
Data Processing
14,919
125,000
10,000
150,000
Shop Stock
City Council also authorized a General Fund loan not to exceed $39,000
to cover the cost of salaries and data processing, and further authorized
the City Manager to approve expenditures not to exceed $325,000 from
Revenue Sharing and/or Water System Construction Fund Cash and Capital
Needs.
..~,
.~
III I
ITEM #5856
Mr. H. W. Anderson appeared with questions regarding the following
Ordinance.
On motion by Councilman Gardner, seconded by Councilman Payne, and by
recorded vote as follows:
Ayes: 'Counci1men John A. Baum,.Rober~ H. -Callis, Jr., Mayor Robert B.
Cromwell, .Jr., Vice Mayor F. Re1d El"v1n, George R. Ferrell, Charles W.
Gardner, Clarence A. Holland, D. Murray Malbon, J. Curtis Payne, Donald
H. Rhodes, and Floyd E. Waterfield, Jr.
.-, Nays: None
Absent: None
City Council approved the following Ordinance establishing fees for
processing of applications for bingo games and raffles pursuant to Sectioll
18.1-316 of the Code of Virginia, as amended:
AN ORDINANCE ESTARLISHING FEES
FOR PROCESSING OF APPLICATIONS
FOR BINGO GAMES AND RAFFLES
PURSUANT TO 18.1-316, CODE OF
VIRGINIA, AS AMENDED
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA:
""'i
That a processing fee of $10.00 is hereby authorized for the
application for a permit to operate bingo games and raffles pursuant
to Section l8.1-3l6 of the Code of Virginia, as amended. Such
applications shall be filed with the Chief of Police. Falsification
or misrepresentation of the application shall be grounds for immediate
revocation of the permit by the City Council of the City of Virginia
Beach.
First Reading: May 14, 1973
Second Reading:-
Adopted by the Council of the City of Virginia Beach, Virginia, on
the
day of
, 1973.
,-
II
ITEM *5851
...,.
On motion by Councilman Gardner, seconded by Councilman Holland, and by
recorded vote as follows:
Ayes: Councilmen John A. Baum, Robert H. ,Callis, Jr., Mayor Robert B.
Gromwell, Jr., Vice Mayor F. Reid Ervin, George R. Ferrell, Charles W.
Gardner, Clarence A. Holland, D. Mu~ray Malbon, J. Curtis Payne, Donald
H. Rhodes, and Floyd E. Waterfield, Jr. ·
Nays: None
Absent: None
City Council approved the following Ordinance to amend and reordain
Section 14-62 of the City Code relating to electrical reinspection fees
Requested by Building Code Superintendent
AN ORDINi\ ~CE TO Mlt:ND AND REORDAIN
SECTION 14-62 OF THE CODE OF THE
CITY OF VIRGINIA BEACH RELATING
TO ELECTRICAL RE-INSPECTION FEES
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA:
t.~
That Section 14-62 of the City Code of Virginia Beach, is amended
and reordained to read as follows:
Delete the words "two dollars" and substitute
the words "three dollars."
An emergency exists and this ordinance shall be in full force and
effect from the date of adoption.
First Reading: May 14, 1973
Second Reading:
Adopted by the Council of the City of Virginia Beach, Virginia, on
the
da y of
, 1973.
ITEM #5858
City Council deferred for one week consideration of an Ordinance to am
and reordain Virginia Beach Plumbing Code.
'1I!l<"
ITEM #58.59
On motion by Councilman Malbon, seconded by Councilman Gardner, and by
recorded vote as follows:
Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Mayor Robert B.
Cromwell, Jr., Vice Mayor F. Reid Ervin, George R. Ferrell, Charles W..
Gardner, Clarence A. Holland, D. Murray Malbon, J. Curtis Payne, DOLaJ
H. Rhodes, and Floyd E. Waterfield, Jr.
Nays: None
Absent: None
City Council approved the following Ordinance to amend and reordain
,.. ""-'-- r".:....'-7. r",rto TP1!J11-;nCT t-n ~}.,.o tl".;1~';""". f"'_;(-..
III I
".....1
Requested by City Manager
AN ORDINANCE TO AMEND AND REORDAIN SECTION
8-4 OF THE CODE OF THE CITY OF VIRGINIA
BEACH RELATING TO THE BUILDING CODE OF THE
CITY OF VIRGINIA BEACH
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA: .
That the Building Code of the City of Virgini~ Beach (Southern
Standard Building Code 1969 Edition, including 1972 revision) is
amended and reordained to read as follows:
1. Section 106.2 Contractor's License and Bond Required
line 11 in lieu of "one thousand dollars I' insert "five
thousand dollars."
2. Section 107.4 Schedule of Permit Fees
8. Residential
1. For lOO square feet up to and including 1000square
feet, the fee shall be $5,00 per hundred square feet or
fraction thereof.
""""'-1
(a) For fee purposes only attached garages,
carports) and porches are not computed in
determining the square footage in residential
construction. For fee purposes only 403.3 (a)
will not apply.
2. For lOOO square feet up to and including 2000
square feet, the fee shall be $50.00 for the first 1000
square feet plus $4.00 per hundred square feet or fraction
thereof.
-
3. For 2000 square feet or more, the fee shall be
. $90.00 for the first 2000 square feet plus $3.00 per
hundred square feet or fraction thereof, without limit.
4. For 100,000 square feet or more, the fee. shall
be $3,030.00 for the first 100,000 square feet plus
$2,00 per hundred square feet or fraction thereof, with-
out limit. '
b. Business and Mercantile
1. For 100 square feet up to and including l,OOO
square feet, the fee shall be,$5,OO per hundred square
feet or fraction thereof.
f"*" '
2. For 1000 square feet up to and including 2000
square feet, the fee shall, be $50.00 for the first 1000
square feet plus $4.00 per hundred square feet or fraction
thereof.., ,
3. For 2000 square.feet,up to and including 5000
square feet, the fee shall be $90.00 for the first 2000
square feet plus $3.00 per hundred square feet or fraction
thereof.
II I
.
'1lWf;
6. For 20,000 square feet or more, the fee shall be
$430.00 for the first 20,000 square feet plus$l.OO per
bundred square feet or fraction thereof, without limit.
c. Schools and Educational
l. For 100 square feet up to and including l,OOO
square feet, the fee shall be $5.00 per hundred square
feet or fraction thereof.
.-
2.' For l,OOO square feet up to and including 2,000
square feet, the fee shall be $50.00 for the first l,OOO
square feet plus $4.00 per hundred square feet or fraction
thereof.
3. For 2,000 square feet up to and including 5,000
square feet, the fee shall be $90.00 for the first 2,000
square feet plus $3.00 per hundred square feet or fraction
thereof.
4. For 5,000 square feet up to and including 10,000
square feet, the fee shall be $180.00 for the first 5,000
square feet plus $2.00 per hundred square feet or fraction
thereof. .
5. For 10,000 square feet, the fee shall be $280.00
for the first lO,OOO square feet plus $l.OO per hundred
square feet or fraction thereof, without limit. '
d. Institutions
1. For lOO square feet up to and including l,OOO
square feet, the fee shall be $7.00 per hundred square
feet or fraction thereof.
2. For 1,000 square feet up to and including 2,000
square feet, the fee shall be $70.00 for the first l,OOO
square feet plus $6.00 per hundred square feet or fraction
t.hereof.
3. For, 2,000 square feet up to and including 3,000
square feet, the fee shall be $130.00 for the first 2,000
square feet plus $5.00 per hundred square feet or fraction
thereof.
....
4. For 3,000 square feet up to and including 5,000
square feet, the fee shall be $180.00 for the first 3,000
square feet plus $4.00 per hundred square feet or fraction
thereof.
5. For 5,000 square feet up to and including 10,000
square feet, the fee shall be $260.00 for the first 5,000
square feet plus $3,00 per hundred square feet or fraction
thereof.
-2-
II I
.~1;>,l1.
6. For lO,OOO square feet up to and including 20,000
square feet, the fee shall be $410.00 for the first lO,OOO
square feet plus $2.00 per hundred square feet or fraction
thereof.
7. For 20,000 square feet or more, the fee shall be
$610.00 for the first 20,000 square feet plus $l.OO per
hundred square feet or fraction thereof, without limit.
e. Assembly
l. For 100 square feet up to and including 1,000
square feet, the fee shall be $6.00 per hundred square
feet or fraction thereof. .
2. For 1,000 square feet up to and including 2,000
square feet, the fee shall be $60.00 for ehe first 1,000
square feet plus $5.00 per hundred square feet or fraction
thereof.
3. For 2,000 square feet up to and including 5,000
square feet, the fee shall be $llO.OO for the first 2,000
square feet plus $4.00 per hundred square feet or fraction
thereof.
.~
4. For 5,000 square feet or more, the fee shall be
$230.00 for the first 5,000 square feet plus $3.00 per
hundred square feet or fraction thereof, without limit.
f. Storage
1. For 100 square feet up to and including 2,000
square feet~ the fee shall be $3.00 per hundred square
feet or fraction thereof.
2. For'2,OOO square feet up to and including 5,000
square feet, the fee shall be $60.00 for the first 2,000
square feet plus $2,00 per hundred square feet or fraction
thereof.
3. For 5,000 square feet up to and including 10,000
square feet, the fee shall be $120~00 for the first 5,000
square feet plus $1.50 per hundred square feet or fraction
thereof.
,-
4. For lO,OOO square feet or more, the fee shall be
$195.00 for the first 10,000 square feet plus $1.00 per
hundred square feet or fraction thereof, without limit.
g. Industrial
1. For lOO square feet up to and including 2,000
square feet, the fee shall be $4.00 per hundred square
feet or fraction thereof.
2. For 2,000 square feet up to and including 5,000
square feet the fee shall be $80.00 for the first 2,000
square feet plus $3.00 per hundred square feet or fraction
thereof.
3. For 5,000 square feet or more, the fee shall be
$170.00 for the first 5,000 square feet plus $2.00 per
hundred square feet or fraction thereof, without limit.
-3-
III I
h. Hazardous Storage or Occupancy
,
1. For 100 square feet up to and including 5,000
square feet, the fee shall be $3.00 per hundred square
. feet or fraction thereof. .
.~
2. For 5,000 square feet up to and including 10,000
square feet, the fee shall be $l50.00 for the first 5,000
square feet plus $2.00 per hundred square feet or fraction'
thereof.
3. For 10,000 square feet or more, the fee shall be
$250.00 for the first 10,000 square feet plus $l.OO per
hundred square feet or fraction thereof, without limit.
4. For lO,OOO square feet or more, the fee shall be
$210.00 for the first 10,000 square feet plus $l.25 per
hundred square feet or fraction thereof, without limit.
1. Alterations, Repairs, Private Piers, Installations,
Greenhouses and Accessory Buildings
l. Where the valuation does not exceed $lOO.OO,
no fee shall be required, unless an inspection is necessary,
in which case there shall be a $4.00 fee.
2. For a valuation over $100.00 up to and including
$15,000.00 the fee shall be $4.00 per thousand or fraction
thereof.
.-
3. For a valuation over $15,000.00 up to and includ-
ing $100,000.00, the fee shall be $60.00 for the first
$l5,OOO.00 plus $3.00 for each additional thousand or
fraction thereof.
4. For'a valuation over $lOO,OOO.OO up to and includ-
ing $500,000.00, the fee shall be $3l5.00 for the first
$100,000.00 plus $.25 for each additional thousand or
fraction thereof.
j. Reinspection
A fee of $3.00 shall be paid for any reipspection.
k. Demolitions
A fee of $5.00 shall be charged for demolishing a
building.
l. Moving of Building or Structures
1. Fee for moving buildings or structures of over
144 square feet in area shall be $250.00. An additional
fee of $25.00 shall be charged for each day, or portion
thereof, such building occupies any part of any street
in the city, over 24 hours after moving is begun.
,..
2. Fee for moving buildings or structures of less
than 144 square feet in area shall be $10.00
'. "
3. For buildings or structures being move. outsid~
the city limits on trucks or trailers, the fee will be
$10.00 for over 144 square feet in area and $5.00 for less
than 144 square feet in area.
-4-
III I
."""'"
11. Signs
Fees for permits for the erection, painting, placing,
replacing hanging, and rehanging of fligns not otherwise
specified in this section sha~l be as follows:
Under 25 square feet . . . . . . . $4.00
25 to 49 square fee' . . . . . .. 6.00
50 to 74 square feet . . . . . .. 8.00
75 to 99 square feet . . . . . . . 10.00
100 to 299 square feet . . . . . . .20.00
300 square feet and o~er . . . . . .25.00
The fees for permits for signs on the roofs of buildings
shall be $20.00 for each sign so erected.
Fees for permits for the repair of each billboard shall
be $5.00 ,
n. Penalty
If any construction, alteration, repair or other work
requiring a permit under Section 105 is commenced before
said permit is secured and fee paid for same, a penalty of
25 percent (25%) shall be added to the fee due. Such
penalty shall not be less than $25.00 per unit. Payment
of such penalty shall not in any way relieve the violator
of any criminal prosecution provided for in Section ll4.
o. Exemption
No fees will be required for permits for churches and
buildings for use for charitable or governmental purposes,
not for certificates of occupancy.
"......
First Reading: May l4, 1973
Second Reading:
This ordinance shall be effective June 1, 1973.
Adooted by the Council of the City of Virginia Beach, Virginia
on the
__ _ day of _ ___
---'
1973.
JDB:er
5- 8-73
f""
, I I
ITEM #5860
On 'motion by Councilman Malbon, seconded by Councilman Gardner, and by
recorded vote as follows:
Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Mayor Robert B.
Cromwell, Jr., Vice Mayor F. Reid Ervin, George R. Ferrell, Charles W.
Gardner, Clarence A. Holland, D. Murray Malbon, J.Curtis Payne, Donald
H. Rhodes, and Floyd E. Waterfield,", Jr.
Nays: None
Absent: None
If""""
City Council approved the following Ordinance to amend and reordain
Section l4-59of the City Code relating to electrical fees for
original construction:
.-.-.....
Requested by Building Code Superintendent
-
-
AN ORDINANCE TO AMEND AND
REORDAIN SECTION 14-59 OF
THE CODE OF THE CITY OF
VIRGINIA BEACH RELATING TO
ELECTRICAL FEES FOR ORIGINAL
CONSTRUCTION
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA:
,~<
That Section l4-59 of the Code of the City of Virginia Beach is
hereby amended and reordained by adding the following sentence to the
last paragraph:
"For fee purposes, the service-panel nameplate
amperage rating shall be used."
An emergency exists and this ordinance shall be in full force and
effect from the date of adoption.
First Reading: May l4, 1973 -
Second Reading:
Adopted by the Council of the City of Virginia Beach, Virginia, on
. day of
, 19 73.
the
,"'"
I
I
I I I
.
ITEM #5861
On motion by Councilman Payne, seconded by Councilman Gardner, and by
recorded vote as follows:
Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Mayor Robert B.
Cromwell, Jr., Vice Mayor F. Reid Ervin~ George R. Ferrell, Charles W.
Gardner, Clarence A. Holland, D. Murray Malbon, J. Curtis Payne, Donald
H. Rhodes, and Floyd E. Waterfield~ Jr.
Nays: None
Absent: None
City Council approved the following Ordinance to repeal Subdivision II,
Article IV, Chapter 14, Sections 14-66 through 14-81, inclusive, relating
to supplementary rules of the Board of Electrical Examiners, Special
Construction Rules and Miscellaneous Requirements:
Requested by Building Code Superintendent
AN ORDINANCE TO REPEAL SUBDIVISION II,
ARTICLE IV, CHAPTER l4, SECTIONS 14-6b
THROUGH 14-8l, INCLUSIVE, RELATING TO
SUPPLEMENTARY RULES OF THE BOARD OF
ELECTRICAL EXAMINERS, SPECIAL CONSTRUC-
TION RULES, MISCELLANEOUS REQUIREMENTS
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA:
That Subdivision II, Article IV, Chapter l4, Sections l4-66
through 14-81, inclusive, are hereby repealed.
An emerl8ftCy exists and thla ordinance shall be 1n full force and
effect from the date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
l4th day of
May
, 1973.
I I I
ITEM 15862
~-:- '1 ,C, J
On motion by Councilman Gardner, seconded by Councilman Malbon, and by
recorded vote as follows:
Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Mayor Robert B.
Cromwell, Jr., Vice Mayor F. Reid Ervin, George R. Ferrell, Charles W.
Gardner, Clarence A. Holland, D. Murray Malbon, J. Curtis Payne, Donald
H. Rhodes, and Floyd E. Waterfield, Jr. .
Nays: None
Absent: None
I~
City Council approved the following Ordinance to repeal Chapter 25,
Section 25-1 through Sections 25-205 of the City Code relating to
plumbers, plumbing and gas:
Requested b, City Manager
AN ORDINANCE TO REPEAL
CHAPTER 25, SECTION 25-l
THROUGH SECTIONS 25-205
OF THE CODE OF THE CITY OF
VIRGINIA BEACH RELATING TO
PLUMBERS, PLUMBING AND GAS
~~
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA:
That Chapter 25, Section 25-l through Sections 25-205 of the Cod.~
of the City of Virginia Beach, is hereby repealed.
This Ordinance shall be effective June l, 1973.
Adopted by the Council of the City of Virginia Beach, Virginia, on
the 14th day of
May
, 1973.
II I
ITEM 15863
II'~'
On motion by Councilman Ferrell, seconded by Councilman Gardner, and by
recorded vote as follows:
Ayes: Councilmen John A. Baum,.Rober~ H. Lallis, Jr., Mayor Robert B.
Cromwell, Jr., Vice Mayor F. ReId ErVIn, George R. Ferr:ll, Charles W.
Gardner, Clarence A. Holland, D. Murray Malbon, J. CurtIS Payne, Donald
H. Rhodes, and Floyd E. Waterfield, Jr..
Nays: None
Absent: None
City Council approved the following Ordinanc: adop~ing new B~ilding, .
Mechanical, Plumbing and Gas Codes for the C~ty w~lch pres~rIb:s.pen~ltle~
for violations of its provisions, and repealIng WIth certaIn lImItatIons
and exceptions all ordinances and parts of ordinances of a general nature
in conflict with the provisions thereof:
Requested by City Manager
AN ORDINANCE ADOPTING NEW BUILDING,
MECHANICAL, PLUMBING AND GAS CODES
FOR THE CITY OF VIRGINIA BEACH
WHICH PRESCRIBES PENALTIES FOR
VIOLATION OF ITS PROVISIONS, AND
REPEALING WITH CERTAIN LIMITATIONS
AND EXCEPTIONS ALL ORDINANCES AND
PARTS OF ORDINANCES OF A GENERAL
NATURE IN CONFLICT WITH THE PRO-
VISIONS THEREOF
WHEREAS, new Building, Mechanical, Plumbing and Gas Codes have
~_. been prepared for the City of Virginia Beach; and
WHEREAS, said Codes have been printed in book form; and
WHEREAS, copies of said Codes printed in book form have been
placed in the office of the City Clerk and will be available for
inspection between the hours of 9:00 A. M., and 5:00 P. M., prior to
the effective date of the Codes.
!,,,,,,,..
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
l. That the publications entitled: Southern Standard Building
Code, 1969 edition, including 1972 revisions; Southern Standard
Mechanical Code, 1973 edition; Southern Standard Plumbing Code, 1971
edition, including 1972 revisions; Southern Standard Gas Code, 1969
edition, including 1972 revisions; which have been filed with the
City Clerk, be hereby adopted as an Ordinance to be known as the City
of Virginia Beach Building Code, City of Virginia Beach Mechanical
Code, City of Virginia Beach Plumbing Code and City of Virginia Beach
Gas Code.
This Ordinance shall be effective June l, 1973.
Adopted by the Council of the City of Virginia Beach, Virginia, on
the
14th day of
May
, 1973.
II I
- '. " to:_
ITEM ##5864
On motion by Councilman Rhodes, seconded by Councilman Waterfield, and by
reiorded vote as follows:
Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Mayor Robert B.
Cromwell, Jr., Vice Mayor F. Reid Ervin, George R. Ferrell, Charles W.
Gardn~r, Clarence A. Holland, D. Murray Malbon, J. Curtis Payne, Donald
H. Rhodes, and Floyd E. Waterfield, Jr. ~
""'v'
Nays: None
Absent: None
City Council approved on second reading the following Ordinance to amend
and reordain Sections 33-2, 33-8 and 33-9 of the City Code relating to
when when taxes on real estate and personal property are due and payable:
Requested by City Manager
ORDINANCE NO. 445
AN ORDINANCE TO AMEND AND REORDAIN
SECTIONS 33-2, 33-8 AND 33-9 OF THE
CODE OF THE CITY OF VIRGINIA BEACH
RELATING TO WHEN TAXES ON REAL ESTATE
AND PERSONAL PROPERTY ARE DUE AND
PAYABLE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA:
That Section 33-2 of the City Code is hereby amended and reordainecl
to read as follows:
"Third line thereof delete June 10 and insert June 20',' 0
That Section 33-8 of the City Code is hereby amended and reordained
to read as follows:
"Second line thereof delete June 10 and insert June 20".
That Section 33-9 of the City Code is hereby amended and reordained
to read as follows:
"Second line thereof delete June lO and insert June 20".
An emergency exists and this Ordinance shall be in full force and
effect from the date of adoption.
First Reading: May 7, 1973
Second Reading: May 14, 1973
Adopted by the Council of the City of Virginia Beach, Virginia, on the
14th day of May ,,1973. p_ ___
III I
v...
,On motion by Councilman Holland, seconded by Councilman Gardner, and by
recorded vote as follows:
Ayes: Councilmen John A. Baum, Robert H. Gallis, Jr., Mayor Robert B.
Cromwell, Jr., Vice Mayor F. Reid Ervin, George R. Ferrell, Charles W.
Gardner, Clarence A. Holland, D. Murray Malbon, J. Curtis Payne, Donald
H. Rhodes, and Floyd E. Waterfield, Jr.
Nays: None
Absent: None
City Council approved on second reading the following Ordinance
establishing the tax levy on real estate and tangible personal property
and other property for the 1973 tax year:
AN ORDINANCE ESTABLISHING THE TAX LEVY
ON REAL ESTATE AND TANGIBLE PERSONAL
PROPERTY AND OTHER PROPERTY FOR THE
1973 TAX YEAR.
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA:
Section 1. AMOUNT OF LEVY ON REAL ESTATE.
There shall be levied and collected for the 1973 tax year on all
real estate, not exempt from taxation, on each one hundred dollars
($100.00) of assessed valuation thereof, the following:
Borough
Bayside
Blackwater
Kempsville
Lynnhaven
Princess
Anne
General
Government
Six-Borough
School Debt
Special Mosquito
Revenue Control
Total Rate
1973
$1.60
1.56
l.60
l.60
$1. 51
1.51
1.51
1.51
$ .05
.05
.05
.05
$ -
$ .04
.04
.04
1. 5l
.05
1.56
Princess
Anne Mosquito l.51
Pungo
Pungo .
Mosquito
Virginia
Beach
l.51
.05
.05
l.60
1.56
.04
l.5l
.05
.04
l.60
1.5l
.15
.04
1. 70
The real property tax heretofore imposed and for which the rate has
been prescribed, shall be applied on the basis of 60% of the fair market
value.
Sec tion 2. AMOUNT OF LEVY ON TANGIBLE PERSONAL PROPERTY.
There shall be levied and collected for the 1973 tax year en tangible
personal property, not exempt from taxation, six dollars ($6.00) on each
one hundred dollars ($100.00) of assessed valuation thereof, for general
purposes. The personal property tax heretofore imposed and for which
the rate has been prescribed, shall be applied on the basis of 35% of the
fair market value of such personal Dropertv.
II I
Section 3. A10JNT OF LEVY ON ALL BOATS OR WATERCRAFT UNDER FIVE
TONS BURTHEN USED FOR BUS INESS OR PLEASURE.
There shall be levied and collected for the 1973 tax year on all
,
boats or watercraft under five tons burtKen used for business or pleasure.
six dollars ($6.00) on each one hundred dollars ($100.00) of assessed
valuation thereof for general purposes.
1I1ll!1f1l'li<
Section 4. AMOUNT OF LEVY ON CERTAIN VEHICLES AS MOBILE HOMES
OR OFFICES.
There shall be levied and collected for the 1973 tax year on all
vehicles without motive power, used or designated to be used as mobile
homes or offices or for other means of habitation by any person, six
dollars ($6.00) on each one' undred C"OO.OO) of assessed valuation
thereof for general purposes.
Section 5. CONSTITUTIONALITY.
That if any part or parts, section or sections, sentences, clause
or phrase of this ordinance is for any reason declared to be unconstitu-
tional or invalid. such decision shall not affect the validity of the
remaining portions of this ordinance.
Section 6. EFFECTIVE DATE.
If.....~-
This ordinance shall be in effect from and after the date of its
adoption.
First Reading:
May 7. 1973 "
.. I .J
Second Reading: ,May ,14. 11973
Adopted by the Council of the City of Virginia Beach, Virginia on
14 day of
May
, 1973.
the
JDB:er
5-2-73
ft!ll'f\"
~p.'
"11
ITEM *5866
On motion by Councilman Gardner, seconded by Councilman Payne, and by
recorded vote as follows:
Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Mayor Robert B.
Cromwell, Jr., Vice Mayor F. Reid Ervin, George R. Ferr~ll, Charles W.
Gardnex, Clarence A. Holland, D. Murray Malbon, J. Curt1s Payne, Donald
H. Rhodes, and Floyd E. Waterfield, Jr. .
Nays: None
Absent: None
City Council approved on second re~ding the foll?wing Ordina~ceto amend
and reordain Section 6-10 of the C1ty Code relat1ng to carrY1ng off or
removing sand from shores, beaches, etc.:
AN ORDINANCE TO AMEND AND REORDAIN
16-l0 OF THE CODE OF THE CITY OF
VIRGINIA BEACH RELATING TO CARRYING
OFF OR REMOVING SAND FROM SHORES. J/L/Lj
BEACHES, ETC.
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA:
That Section 6-l0 of the Code of the City of Virginia Beach'
is hereby amended and reordained to read as follows:
In order to conserve the beaches and shores in the City and
to protect those areas adjacent to the beach, beaches and shores
in this City it shall be unlawful for any person to carry away or
remove or to cause to be carried away or removed any sand-from the
shores, beaches or dunes or highland along the shores, beaches or
dunes in the City; provided, however, that in the event it shall
satisfactorily appear to the City Manager that the removal of sand
in any instance will ..not bi harmful to the conservation and protec-
tion of the beaches and sh res or property adjacent thereto, he may
(
in writing grant a pefmit for such remotal. Removal under such
permit shall not constitU'tea-v1:o'ratiorr of this section. ,If any
perlon be guilty of this section, he shall be fined not less than
Two Hundred and Fifty Dollars ($250.00) nor more than One Thousand
Dollar. ($l,OOO.OO).
Adopted by the Council of the City of Virginia Beach, Virginia, on
the I UU d f '7/('"
I ayo f!'~,y ,l973.
I I II
ITEM 15867
On motion by Councilman GArdner, seconded by Councilman Holland, and by
recorded vote as follows:
.....
Ayes: Councilmen John A. Baum, Robert, H. Callis, Jr., Mayor Robert B.
Cromwell, Jr., Vice Mayor F. Reid Ervin, George R. Ferrell, Charles W.
Gardner, Clarence A. Holland, D. Murray Malbon, J. Curtis Payne, Donald
H. Rhodes, and Floyd E. Waterfield. Jr. -
Nays: None
Absent: None
City Council approved the following tax refunds in the amount of $572.30:
TO: Mr. Dale B1rnson
\,1 ty ^ccorncy
Date
May 8, 1973
FROM: ttr. V. A. ~hctLdC~. Treasurer
.,;aJECT: Appllcat!on Cor T.1x lciunus:
;~, ~ f~l!e~!!~s ~p~!i=~t!=~~ f:r r::t:nd of
; ~ certified for payment, us set
... .......-
.......,n._~
to ::111 ns ~
572.30
Tax D~~c
.... Year Paid
~r~~ T. Ka1khurSt 1973 CD 6383 5/1/73 0
James Denyes 1973. CD 6388 5/2/73
James Denyes 1973 CD 6389 5/2/73
[1'. W. Lincolm .. 1973 'CD 4813 5/2/73
)rvil1e G & Marga et
.- Wise 1973 CD 47549 1/17/73
v. A. Etheridge, Trc~surQr
i t i~-
1)1'l"''' i ,.,~",.._l
- _u '1-"--- I
alty cst I
Bnse
15.01
15.01
15.0
15.01
15,,0
1105. ~
i
I 5.6
5.6
.1 5.6
61. 5
I 61.5
61. 5
, 61. 5
I 64 . 5
I 64. 5
"
."
.
='vc IlPoltcAtlnn~ fn't' rc(nnct.of t:1'l(,('C; ~n"r"vl>.i
. , .- ..f!i!.'?rr~ ; .f' . . .
.-,~.. -l&A.t?/~~,~~~b-._
_l"l~ Bim~ot'l '. Cll}' t\tllll"!lI.'Y __.'_-__0.__._-'
Ah,,,,,~' at>!! ,t~",~!1t!:' tot~ 1 i~g _ .:r"L~ .~. ~_.~'__
:~I~~~.@l~;9:hlj~~:.
R Jell" 1'd d.!..Ji.li'~I~~~, .,~ it Y C Il'l k
III I
ITEM 15868
On motion by Councilman Malbon, seconded by Councilman Gardner, and by
recorded vote as follows:
Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Mayor Robert B.
Cromwell, Jr., Vice Mayor F. Reid Ervin, George R. Ferrell, Charles W.
Gardner, Clarence A. Holland, D. Murray Malbon, J. Curtis Payne, Donald
H. RhOdes. and Floyd E. Waterfield, Jr. .
Nays: None
.
Absent: None
'>JIn'>~
City Council approved the following Ordinance appointing Viewers relative
to closing a portion of Holly Boulevard in Virginia Beach Borough:
ORDINANCE APPOINTING VIEWERS
WHEREAS, CHARLES NIMITZ and ELIZABETH W. NIMITZ; RICHARV V.
TAYLOE aKd HENRIETTA C. TAYLOE; S. VALE SCOTT, JR. and ELIZABETH J. SCOTT;
tUtd WILLIAM T. CULPEPPER arui NATALIE M. CULPEPPER have. g-iven due. and plLOpeJt
noU:c.~, -in ac.co1td4nce. with the .6:ta.tu.te.6 60Jt .6uch eMU made and plLov-ided,
that they w.iU, on tfU..6 day, appty to the CUy Counut 06 the CUy 0 6 Vbtgii~
Beach, V.ur.gbua, 601l the appo.intmeYLt 06 VieweJL6 to view the bdow del.>c,l[.,(be.d
plLopeJLty and llepolLt ..ir. lA.1JLiUng to the Council. whetheJL, bt the op.iJuon 06
.6ald VieweJL6, any, and i6 any, wlui.t, -inconvcru..cnce would JtuuU: 6ILom the
c:U6con:ti.nulng od the. hvr.wa6tvr. de.6CJUbed undeveloped .6,[xty (60') noot
.6tJt.eet OJt boul.evaJtd, and hM 6Ued .6uc.h appt.{c.a..t..i.on wUh the .6ai.d COWtc..il.;
Now, TheJte60Jte., BE IT ORVAINEV BY THE COUNCIL OF THE CITY Of
VIRGINIA BEACH, VIRGINIA,
That, Charles C. Carrington
William W.
Fleming
and
George L. Hanbury
aile. heJteby appointed to v-iew the below de.6CJr.-ibed pJtopVtty and JtcpoJtt -in
t4YUting :to the. Council. on OIL be.dolLe.
, 1973, whdnM.
.in the.br. op1..nion any, and -i6 any, wha.:t .inc.onveiU.e.nc.e. would lLe.6uU 61L0m the
cU.6continuing, c!O.6.ing a.nd vacating 06 a cWain u.wnpltoved .6.(xty (60 ') ~oot
.6:tIL~e..t Oil boulevaIld, toc.a:te,d .in the Lynnha.vcn Boltough 06 the CUy 06 v-Utg-in,i
Bea.c.h, ViltgbUa., a.nd mOlLe paJr.tic.ulcvr1.y de6CJvi..bed a.6 60U0W6:
ALL THAT c.eJLtiU.n undevei.oped .6tJt.ee:t OIL
boulevaJtd~ .6Ltu.a;te In the Lynn.ha.ve.n Boltough
06 the Cay 06 V-Utg-ttua Beach, V-VLgbtia, ,
.6-ixttj (60') 6 ed .in w.i.d:th lLunn.tng in a SoCLth
130 Wut~y diltec.tion between the Noltt1tetly
line 06 52nd StJt.ee:t and 'the SoutheJtly Une 06
53ILd stJc.e.e:t immecUll:te.tlj adjacent to the WuteJr1.y
tine 06 Lot.6 T~ee (3) and Seven (7) 06 BtoCQ
F.l6tee.n (15), M .6hown u.pon tha.t ceJr.-tai.n map
enti.:tted "UberoneeJt, .6uJlve.yed 601L EmeJL6on-Ma...6WlY,
by J. H. Mitthotand, County SWlveyolt, dated Ju.ne.,
1926", which map -U 06ltec.oltd -in the CleJtQ'.6 06Mc.e
06 the Cblc.uli CoWtt 06 the Cay 06 Vblgi.u.a. Beac.h,
V-Lltg,[nia., in Map BOOQ 7, at Page 150.
III I
ITEM '5869
Mr. Chuck Foster appeared on opposition to the following Ordinance.
Mr', Joseph Bement appeared on opposition to the following Ordinance.
On motion by Councilman Ferrell, seconded by Councilman Holland, and by
recorded vote as follows:
.~<
.
Ayes: Councilmen John A. Baum, R~bert H. Callis, Jr., Mayor Robert B.
Cromwell, Jr., Vice Mayor F. Reid Ervin, George R. Ferrell, Charles W.
Gardner. Clarence A. Holland, D. Murray Malbon, J. Curtis Payne, Donald
H. Rhodes, and Floyd E. Waterfield, Jr.
Nays: None
Absent: None
Ci ty Council deferred for one ~week,lconsideration of an Ordinance to amend
and reordain Section 6-5 of the City Code relating to riding bicycles,
etc.,on the Boardwalk:
AN ORDINANCE TO AMEND AND REORDAIN
SECTION 6-5 OF THE CODE OF THE CITY
OF VIRGINIA BEACH RELATIVE TO ~IDING
BICYCLES, ETC. ON THE BO~~DWALK.
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA:
I~'~.'
That Section 6-5 of the City Code is hereby amended and re-
ordained to read as follows:
It shall be unlawful for any person to rideu, or operate.a bicycle,
tricycle, tandem or similar device or equipment, other than a rolling
chair, on the boardwalk along the Atlantic Ocean between 9:00 p. M.,
of any day and 4:00 A. M., of the following day
Further, it shall be unlawful for .any person to operate any
pedal-powered vehicle having more than two wheels that is muscle-
powered and has a wheel diameter of, ,any wheel greater than twelve
(l2) inches on ~he boardwalk along the Atlantic Ocean at any time.
An emergency exists and this Ordinance shall be in full force
and effect from ~ate of adoption'i
Adopted by the Council of the City of Virginia Beach on the
day of ~.l973.
.~~
, .
.....:\.....
,: '.;
II I
ITEM 115870
Mr. Thomas Lyons, Innkeepers Association, appeared in regards to the
Budget'Ordinance.
Motion was made by Councilman Payne, seconded by Councilman Rhodes to
approve the adoption of the following Ordinance making appropriations
for the fiscal year beginning July 1, 1973 and ending June 30, 1974,
in the ~um of $101,070,435, and regu1ati^g the payment of money out of
the City Treasury:
ITEM #5870 (a)
.-'"
Prior to voting on the previous motion Councilman Baum made an
amendment to the motion which requested that the increase in salary
proposed for the City Manager be deleted from the total budget. The
motion was seconded by Vice Mayor Baum, and by recorded vote as follows:
Ayes: Councilman John A. Baum, Vice Mayor F. Reid Ervin
Nays: Councilmen Robert H. Callis, Jr., Mayor Robert B. Cromwell, Jr.,
George R. Ferrell, Charles W. Gardner, Clarence A. Holland, D. Murray
Malbon, J. Curtis Payne, and Donald H. Rhodes.
Absent: Councilman Floyd E. Waterfield, Jr.
The amendment was lost.
ITEM #5870 (b)
City Council then voted on the preceeding motion which was made by
Councilman Payne, seconded by Councilman Rhodes, and by recorded
vote as follows:
Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Mayor Robert B.
Cromwell, Jr., Vice Mayor F. Reid Ervin, George R. Ferrell, Charles W.
Gardner, Clarence A. Holland, D. Murray Malbon, J. Curtis Payne., Donald
q"" H. Rhodes, and Floyd E. Waterfield, Jr.
Nays: None
Absent: Councilman Floyd E. Waterfield, Jr.
City Council approved the Ordinance making appropriatipns for the fiscal
year beginning July 1, 1973 and ending June 30, 1974, in the' sum of
$101,070,435, and regulating the payment of money out of the City
Treasury.
,-
II I
t'
.-
AN ORDINANCE MAKING APPROPRIATIONS FOR
THE FISCAL YEAR BEGINNING -JULY l, 1973,
AND ENDING JUNE 30, -;t. 974, IN THE SUM
OF ONE HUNDRED ONE MILLION, SEVENTY
THOUSAND, FOUR HUNDRED THIRTY-FIVE
DOLLARS ($lOl,070,435), AND REGULATING
THE PAYMENT OF MONEY OUT OF THE CITY
TREASURY
WHEREAS, the City Manager has heretofore submitted to the Council
an Annual Budget for the City for the fiscal year beginning July 1, 197J,
and endinl June 30, 1974, which has been amended by the Council, and it
is necessary to appropriate sufficient funds to cover said budget, as
amended.
...
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
Section 1. That the amounts herein named aggregating ONE HUNDRED
ONE MILLION, SEVENTY THOUSAND, FOUR HUNDRED THIRTY-FIVE DOLLARS
($lOl,070,435), or 80 much thereof as may be necessary as set forth in
the Annual Budget for the fiscal year 1973-74, submitted by the City
Manager on the date of April 2, 1973, are hereby appropriated, subject
to the conditions hereafter set forth in this Ordinance, from the
revenue of the City, as hereinafter set forth, for the yearl973-74,
for the use of the several departments and specially design~ted funds
of the City Government, and for the purposes hereafter mentioned, as
set forth in said Annual Budget, as amended, for the fiscal year begin-
ning July l, 1973, and ending June 30, 1974, as follows:
..
ill I
-,. Code Budget
NumDer Item 0 f Expenditure 1973~1974
GENERAL FUND:
1. Legislative Department:
Municipal Council $ 190,730
City Clerk 40,619
Total $ 231,349
2. Executive Department:
~."
City Manager $ 118,772
Public Information Officer 59,237
Intergovernmental Relations Coordinator 23,384
Data Processing - Information Systems 40,990
Data Processing - Central Files 48,432
$ 290,815
3. Law Department:
City Attorney $ 139,554
4, Finance Department:
Commissioner of the Revenue $ 366,536
Board of Equalization 8,700
City Real Estate Assessor 260,696
Special Tax Administration 11,860
Treasurer 404,363
Director of Finance 385,150
Purchasing Division 66,096
Independent Auditing 19,000
Retirement System & Other Bene fi ts 899,750
$ 2,422,151
a"""., 5. Personnel Department:
Director of Personnel $ 121,611
Emergency Employment Act
$ 121,611
6. Judicial Department:
Circuit Court $ 151,370
Municipal Court 151,043
Juvenile and Domestic Relations Court 89,322
Juvenile Probation 200,271
Lunacy Commission 6,000
Commonwealth's Attorney 115,763
High Constable 97,694
Sheriff 104,594
Circuit Court Clerk 80,019
City Jail 247,842
Juvenile Detention Home 25,000
Justices of the Peace 97,632
Total $ 1,366,550
(Continued)
....
"I I
,.
III I
Code Budget
Number Item of Expenditure 1973-1974
GENERAL FUND: (Continued)
11. Parks and Recreation Department:
Director of Parks and Recreation $ 1 , 117 , 900
Municipal Golf Course 157,929
Boardwalk Trains 15.807
Total $ 1,291,636
,-- 12. Library Department:
Virginia Beach Library $ 569,175
13. Planning Department:
Director of Planning $ 305,954
14. Farm and Home Demonstration:
VPI Extension Service $ 72,221
Farmers' Produce Market 27,686
Total $ 99,907
15. Economic Development Department:
Director of Economic Deve lopment $ 172,410
Contributions 27,750
Rudee Inlet
Civic Center 96,622
Tourist Advertising 297,735
Industrial Advertising 80,620
Total $ 675,137
16. General Services Department:
Director of General Services $ 100,698
Building Maintenance 771,771
GrOll nds Maintenance 183,666
Total t 1,056,135
17. Boards and Commissions:
General Registrar $ 104,630
Zoning Board 3,300
Total $ 107,930
18. Non-Department~l:
Insurance $ 485,500
Transfers to Other Funds: $ 22,268,680
Reserve for Contingencies:
Salary Adjustments $ 785,000
Regular 340,497
Total $ 1,125,497
TOTAL GENERAL FUND $ 52,560,854
(Continued)
11"'''
III I
Code
Number
Item of Expenditure
Budget
1973-1974
WATER AND SEWER FUND:
20.
Community Services Department:
Public Utilities Division
Source of Supply
Transmission and Di~tribution
Maintenance and Operation of
Plants and Pump Stations
,~
Total
$ 429,308
363,000
348,781
139,807
$ 1,280,896
$ 2,056,597
$ 23,500
$ 3,360,993
Transfers to Other Funds:
Reserve for Contingencies:
TOTAL WATER AND SEWER FUND
SCHOOL OPERATING FUND:
12.
Department of Education
Administration
Instruction - Regular Day School
Other Instructional Costs
Attendance and Health Services
Pupil Transportation
School Food Services
Operation of School Plant
Maintenance of School Plant
Fixed Charges
Summer Schools
Adult Education
Basic Adult Education
Vocational Adult Education
Capital Outlay
TOTAL SCHOOL OPERATING FUND
$ 507,600
26,264,470
2,378,122
306,199
1,461,423
2,398,096
1,769,700
715,900
300,000
59,675
45,860
91,304
1,004,165
$ 37.302.514
~~
LAW' LIBRARY FUND:
12.
Librar~:
Law Library
$
7.190
VIRGINIA BEACH SPECIAL REVENUE FUND:
9.
Public Safety Department:
Paid Fire Department
$
$
124,670
Transfers to Other Funds:
TOTAL VIRGINIA BEACH SPECIAL REVENUE FUND
( Continued)
$
124.670
,~
"I I
Item of Expenditure
Budget
1973-1974
Code
Number
SIX BOROUGH SCHOOL DEBT FUND:
25.
Debt Service:
$
407.658
BAYSIDE AND KEMPSVILLE BOROUGHS SCHOOL DEBT FUND:
25.
Debt Service:
$
22.67e
If.-..
PUNGO BOROUGH SCHOOL DEBT FUND:
25.
Debt Service:
$
4.080
GENERAL DEBT FUND:
25.
Debt Service:
$ 7 .112.107
VIRGINIA BEACH BOROUGH GENERAL DEBT FUND:
25.
Debt Service:
$
167,691
TOTAL BUDGET
$101,070,435
LESS: INTERFUND TRANSFERS
24,449,947
NET BUIX:;ET
$ 76,620,488
I'''"'''
.'"
III I
Section 2. Subject to the provision~ of Chapter 2, Article 111,
of the Virginia Beach City Code, the salaries and wages set forth in
detail in said Annual Budget, as amended by the Council, are hereby
,~
authorized and fixed as the maximum compensation to be paid for services
rendered.
The positions, except in the labor class in cases where the number
thereof is not under the control of the Council, set as line items in
said Annual Budget, as amended by the Council, shall be the maximum
number Ot positions authorized for the various departments, bureaus and
divisions of the City during said fiscal year, and the number thereof
shall not be increased during said fiscal year unless authorized by the
Council. The City Manager may from time to time increase or decrease
the number of positions in the labor class provided the aggregate amount
expended for such services shall not exceed the respective appropriations
made therefor. The City Manager is authorized to make such rearrange-
ments of positions into several departments named herein, as may best
meet the uses and interests of the City.
Section 3. All collections of delinquent City taxes shall be
credited to the General Fund of the City by the Treasurer.
Section 4. All collections of local taxes levied shall'be credited
to the General Fund of the City. Transfers shall be made from the
General Fund to the respective specially designated funds for which a
levy is made in the respective amounts levied for each such specially
designated fund.
~
III I
Section 5. All tax abatements and tax supplements dated subsequent
to December 5, 1973, for the 1973 tax year shall accrue to the General
Fund of the City.
Section 6_ All balances of the appropriations payable out of each
II~
fund of the City Treasury unencumbered at the close of business on the
thirtieth (30th) day of June, 1973, except as otherwise provided for,
are hereby declared to be lapsed into the surplus of the respective funds,
except School Operating Fund which shall lapse into the General Fund
Surplus, and shall be used for the payment of the appropriations which
may be made in the appropriation ordinance for the fiscal year beginning
July l, 1973.
Section 7. No department, bureau, agency or individual receiving
appropriations under the provisions of this ordinance shall exceed the
amount of its or his appropriations except with consent and approval of
the City Council first being obtained, but it is expressly provided that
the restrictions with respect to the expenditure of the funds appropriatE:!d
shall apply only to the lump-sum amounts for classes of expenditures
which have been included in this ordinance.
Section 8. Nothing in this section shall be construed as authorizing
any reduction to be made in the amounts appropriated in this ordinance
for the payment of interest or bonds on the bonded debt of 'the City
Government or the former political subdivisions of Virginia Beach and
Princess Anne County.
Section 9. Allowances out of any of the appropriations made in
this ordinance by any or all of the City departments, bureaus or
,J""
,,~
1"-
,..,.
III I
agencies, to any of their officers and employees for expenses on account
of the-use by such officers and employeea of their personal automobiles
in the discharge of their official 'duties shall not exceed ten cents (lO)
per mile of actual travel.
Section lO. All traveling expense accounts shall be submitted on
forms and according to regulations prescribed or approved by the
Director of Finance. Each account shall show the dates expenses were
incurred or paid; number of miles traveled; method of travel; hotel ex-
penses, meals, incidental expenses such as telegrams, telephone calls,
etc. The Director of Finance is specifically directed to withhold the
issuance of checks in payment of expense accounts submitted for "lump-
sum" amounts, except in the case of employees of the School Board.
Section ll. That if any part or parts, section or sections, sen-
tences, clause or phrase of this ordinance is for any reason declared
to be unconstitutional or invalid, such decision shall not affect the
validity of the remaining portions of this ordinance.
Section l2. The City Manager is hereby authorized to approve trans".
fers of appropriations within any department or between departments,
except from or to salary accounts, in an amount not to exceed $l,OOO.OO
in any single transaction, and further, he is authorized to 'approve
expenditures from the reserve for contingencies in an amount not to
exceed $l,OOO.OO in any single transaction.
Section l3. That this ordinance shall be in effect from and after
the date of its adoption.
II I
ITEM *5811
On motion by Councilman Rhodes, seconded by Councilman Ferrell, and by
recorded vote as follows:
Ayes: Councilmen John A. Baum, Mayor Robert B. Cromwell, Jr., Vice Mayor
F. Reid Ervin, George R. Ferrell, Charles W. Gardner, Clarence A. Holland~
D. Mu~ray Malbon, J. Curtis Payne, and Donald H. Rhodes.
Nays: None
Absent: Councilmen Robert H. Callis, Jr. and Floyd E. Waterfield, Jr.
".... Ci ty Council approved the following Ordinance to amend and reordain
Section 20-55 of the Code of the City of Virginia Beach, Virginia
pertaining to personal- servi ce bus in-es ~,es :
AN ORDINANCE TO A~ND AND REORDAIN SECTION
20-55 OF THE CODE OF THE CITY OF VIRGINIA
BEACH, VIRGINIA PERTAINING TO PERSONAL-
SERVICE BUSINESSES.
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA:
That Section 20-55 of the Code of Virginia Beach be amended and
reordained to read as follows:
Section 20-55 Personal-service businesses.
The second paragraph is amended by adding as
classification number 4 "Coin-operated laundries and
dry cleaning".
An emergency exist and this ordinance shall be in full force and
effect from the date of adoption.
1st reading: May 14, 1973
I
2nd reading:
Adopted by the Council of the City of Virginia Beach, Virginia
on the
day of
, 1973.
-, ",.
II I
ITEM 15872
On motion by Councilman Rhodes, seconded by Councilman Gardner, and by
recorded vote as follows:
Ayes: Councilmen John A. Baum, Mayor Robert B. Cromwell, Jr., George
R. Ferrell, Charles W. Gardner, Clarence A. Holland, D. Murray Malbon,
J. Curtis Payne, and Donald H. Rhodes.
"1*~~
Nays: None
Absent: Vice Mayor F. Reid Ervin, and Councilmen Robert H. Callis, Jr.,
and Floyd E. Waterfield, Jr.
City Council approved an appropriation of $320,000 additional funding
for the construction of the Tidewater Community College being ,built
in Virginia Beach. The additional funding was granted after Doctor
George Pass, President of the Tidewater Community College, explained
the bids which were received on May 1, 1973.
ITEM #5873
On motion by Councilman Holland, seconded by Councilman Gardner, and by
recorded vote as follows:
Ayes: Councilmen John A. Baum, Mayor Robert B. Cromwell, Jr., George
R. Ferrell, Charles W. Gardner, Clarence A. Holland, D. Murray Malbon,
J. Curtis Payne, and Donald H. Rhodes.
Nays: None
Absent: Councilmen Robert H. Callis, Jr., Vice Mayor F. Reid Ervin, an,d
Floyd E. Waterfield, Jr.
City Council approved the low bid of M. H. Newsome, Incorporated, submit1
on April 25, 1973, in the amount of $332,464.75 for the construction of
the gravity sewer system in Ocean Park and authorized the City Manager tc
~~ sign the contract on behalf of the City of Virginia Beach.
.~
ill I
.
ITEM '5874 (a)
On ao~ion by Councilman Holland, seconded by Councilman Rhodes, and by
recorded vote as follows:
IilU'-""-
Ayes: Councilmen John A. Baum, Mayor Robert B. Cromwell, Jr., George
R. Ferrell, Charles W. Gardner, Clarence A. Holland, D. Murray Malbon,
J. Curtis Payne, and Donald H. Rhodes.
Nays: None
Absent: Councilmen Robert H. Callis, Jr., Vice Mayor F. Reid Ervin, and
Floyd E. Waterfield, Jr.
City Council approved the low bid of Hunt Contracting Company in the
amount of $88,937.00 for the Sewage pump station for Ocean Park
sanitary sewerage facilities; and further authorized the City Manager to
sign the appropriate contracts for this project. Bond funds are available
to cover the cost of these projects.
ITEM #5875
On motion by Councilman Malbon, seconded by Councilman Gardner, and by
recorded vote as follows:
Ayes: Councilmen John A. Baum, George R. Ferrell, Charles W. Gardner,
Clarence A. Holland, D. Murray Malbon, J. Curtis Payne, and Donald H.
Rhodes.
Nays: None
Absent: Councilmen Robert H. Callis, Jr., Mayor Robert B. Cromwell, Jr.,
Vice Mayor F. Reid Ervin, and Floyd E. Waterfield, Jr.
City Council approved the low bid of Central Builders, Incorporated,
in the amount of $244,720.00 for Contract #l7, Water System Improvements
~~ along First Colonial and Great Neck Roads; and further authorized the
City Manager to sign the appropriate contract for this project.
ITEM #5876
During this fiscal year the Law Department has been required to use out-
side services to a greater extent than they had originally anticipated,
and the supplement to the Code has cost more than the fundi budgeted for
that purpose.
On motion by Councilman Rhodes, seconded by Councilman Gardner, and by
recorded vote as follows:
Ayes: Councilmen John A. Baum, George R. Ferrell, Charles W. Gardner,
Clarence A. Holland, D. Murray Malbon,J. Curtis Payne, and Donald H.
Rhodes.
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Nays: None
Absent: Councilmen Robert H. Callis, Jr., Mayor Robert B. Cromwell, Jr.,
Vice Mayor F. Reid Ervin, and,Floyd,E~ Waterfield, Jr.
Ci ty Council approved a tran~ fer',' for ,:the Law Department, $ 7 ,000 from
Account 30l0-l25 (Compensation of"Assistant City Attorneys), and $5,000
be placed in Account 3010-213 (Legal add Expert Services) and the.
remaining $2,000 be placed in Account ~010-2l5 (Printing of the Code).
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ITEM #5877
Reyerend JO.n Weinbach, JAIL Committee, appeared in favor of the new
City Jail.
On motion by Councilman Rhodes, seconded by Councilman P yne, and by
recorded vote as follows:
Ayes: Councilmen John A. Baum, Robert M. Callis; Jr., Mayor Robert B.
Cromwell, Jr., George R. Ferrell, 'Charles W. Gardner. Clarence A. Holland,
D. Murray Malbon, J. Curtis Payne, and Donald H. Rhodes.
!If!W?
Nays: None
Absent: Vice Mayor F. Reid Ervin, and Councilman Floyd E. Waterfield, Jr.
City Council approved the recommendation of the Bui.lding Committee to
proceed with the construction of the new City Jail, which will contain
approximately 200 cells with the restriction that Council has the final
say as to the architect; and further approved an appropriation in the
amount of $25,000 to proceed with the preliminary plans and specifications
ITEM #5878
On motion by Councilman Rhodes, seconded by Councilman Gardner, and by
recorded vote as follows:
Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Mayor Robert B.
Cromwell, Jr., George R. Ferrell, Charles W. Gardner, Clarence A. Holland,
D. Murray Malbon, J. Curtis Payne, and Donald H. Rhodes.
Nays: None
Absent: Vice Mayor F. Reid Ervin and Councilman Floyd E. Waterfield, Jr.
City Council authorized the City Manager to initiate condemnation'
procedures on the 21.27 acres on North Landing Road, adjacent to the
Municipal Complex.
ITEM 115879
Mr. Joseph F. Fava, Jr appeared before City Council regarding an
ice skating rink in the City of Virginia Beach at Mount Trashmore.
City Council suggested to Mr. Fava that he consult the Department
of Parks and Recreation on the creation of an ice rink at Mount
Trashmore.
ITEM 115880
THE CITY MANAGER INDICATED THAT MAY 28, 1973, IS A LEGAL HOLIDAY;
THEREFORE, CITY COUNCIL WILL HOLD THEIR NEXT MEETING ON JUNE 4, 1973.
ITEM # 58En
On motion by Councilman Ferrell, seconded by Councilman Holland, and by
recorded vote as follows:
Ayes: Councilmen John A. Baum,' Rob,ett H. Callis, Jr., Mayor Robert B.
Cromwell, Jr., George R. Ferrell,'Charles W. Gardner, Clarence A. Holland
D. Murray Malbon, J. Curtis Pay~e,'and Donald,H. Rhodes.
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Nays: None
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Absent: Vice Mayor F. Reid Ervin and, Councilman Floyd E. Waterfield, Jr.
City Council noted its intention to h61d a closed meeting on Monday,
,May 2l, 1973, for the purpose of disc~ssing items permitted for.discussiol
under the Freedom of InformatioA Actc),'f the Commonwealth of Virginia.
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ITEM '583.2
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On motion by Councilman Rhodes, seconded by Councilman Ferrell, and by
unanimous vote, the meeting adjourned.
Cler
City of Virginia Beach,
Virginia
May 14, 1973
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