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HomeMy WebLinkAboutAUGUST 6, 1973 MINUTES OF THE HONORABLE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA August 6, 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, August 6, 1973, at 2:00 p.m. The invocation was given by the Reverend Ted Wood, Galilee Episcopal_ Church, Virginia Beach, Virginia. Councilmen proseni: 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, and Donald H. Rhodes. Councilman absent: Floyd E. Waterfield, Jr. ITEM #6191 On motion by Councilman Gardner, seconded by Councilman Ferrell, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert Ii. 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, and Donald H. Rhode5 Nays: None Absent: Gouncilman Floyd E. Waterfield, Jr. City Counc-@l approved the Minute@s of the Regular Meeting of Julv 23, 1973, with a correction in the Minutes of July 16, 1973, Item number 6135, application of Ashmac. The stipulation should read 1'16,units instead of 38 units" ITEM #6192 On motion by Councilman Payne, 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 Erviii, George R. Ferrell, Charles W. Gardner, Clarence A. Holland, D. Murray Malbon, J. Curtis Payne, and Donald H. Rhodes Nays: None Absent: Councilman Floyd E. Waterfield, Jr. City Council approved the Minutes of tlie Special Meeting of August 2, 1973, and the reading of said Minutes dispensed with inasmuch as each Couiicilman had a copy of the subject Minutes before him. ITEM #6193 Mayor Cromwell presented a Resolution of Commendation to the Cape Henry Women's Club for their work on behalf of the senior citizens of Virginia Beach. Mrs. Cox, Project chairman of the Sugar Plum Tree, and Mrs. Clarence Grossman accepted the Resolution of Commell@@ition. R E S 0 L U T I 0 N OF C 0 M M E N D A T I 0 N IIHERF-AS, the City Counc:il of the City of Virginia Beach -ishes to express appreciation to the cape Henry ivoman's CitLb for their dedication totvard maintaining an interest @mong woman in education, cultural areas, the home and civic improvements in Virginia Beach, and in particular, fo,r their recent work on behalf of the senior citizens of Virginia Beach; and IIHEREAS, through the generosity of the Cape Henry Ilomants Club, Virginia Beach was able to acquire a 'mini-bus" for the exclusive use of the elderly citizens of Virginia Beach enabling those who had heretofore been unable to leave their homes, to bL- transported for medical care, recreational and cultural purposes, and for other necessities; and WHERF-AS, the Cape Henry Woman's Club has recently sponsored "The Sugar Plum Tree", an income supplement store which ivas opened for the purpose of selling articles made solely by the senior citizens and from ivhich approximately $6,000.00 was grossed during the two-week opening of the project. NOW, THEREFORE, it is the desire of the City Council of the City of Virginia Beach, to recognize the valuable c'ontribution made by the Cape Henry %Voman's Club to the Mayor's Commission on Aging through their unselfish work in the promotion of a better life for the senior citizens of Virginia Beach. GIVEiN under my hand and seal this 6tli day of August, 1973. Robcrt B. Cronitvell, Jr. Mayor Apl)lica tion of ,@shton @l. fl@ll ly by i@Is Jr. , Attorney, for a Ch,@n(le @ll @@; Di',LriCt -ly i Ib sine (D of Zoning-fl,@,iii [;istrict tO '@rth of 2C)@li Street, riinning @ Et@aiti f)ro,@,)(@rty begitinir@g at a rc)int 350 f,-,@ t c L a distancc o@ 25 feet alo!ig the EASL side or A@L-1@,ntic Avenii2, running a dis- tance of 150 feet along tii@, @lortfiern propert,,i lir-.e, runnirig a distance of 25 feet along tyic- Eastern pi,operty line aiid runt;ino a distaiice of 150 fect along the Soutliern property liii(?. Said pircel is kno%.i as the @@olithern 25 fect of Lot 6, Block 21, Map of Virginia Beach atid conteins 3750 square feet. VIRGINIA BEACH BOROUGli. Planning Commission Recorarendation: A motion by the Planning Commission was passed for denial of this request as the i)roposed change of zoning represents spot zoning. Mr. W. Edward Hudgins, Jr., Attorney, appeared on behalf of the applicant. Mr. A!ihton H. Pully appedred on behalf of his application. Mr. Grover C. Wright, Attorney, appeared in opposition to the above application. On motion by Counci.lman Callis, seconded by Councilman Rhodes, and by recorded vote as follows: Ayes: Councilmen Robert H. Callis, Jr., Mayor Robert B. Cromwell, Jr., Clarence A. Holland, D. Murray Malbon, J. Curtis Payne, and Donald H. Rhodes Nays: Councilmen John A. Baum, Vice Mayor F. Reid Ervin, George R. Ferrell, and Charles W. Gardner. Absent: Councilman Floyd E. Waterfield, Jr. City Council approved the above application of Ashton H. Pully by W. Edward Hudgins, Jr., Attorney for a Change of Zoning from Motel- Hotel District (M-H) to Retail BLiness District (B-1) on certain property beginning at a point 350 feet North of 20th Street running a distance of 25 feet along the East side of Atlantic Avenue, running a distance of 150 feet along the Northern property line, running a distance of 25 feet along the Eastern property line and running a distance of 150 feet along the Southern property line. Said parcel is known as the Southern 2S feet of Lot 6, Block 21, Map of Virginia Beach and contains 3750 square feet. Virginia Beach Borough; Approval is subject to the following stipulatioiis: 1. Standard site plan review 2. Water and sewer line fees required. (Public Utilities) ITEM #6194 On motion by Councilman Rhodes, seconded by Counci lman Gardner, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert @l. 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 Nays: None Absent: Councilman Floyd E. Waterfield, Jr. City Council approved on second reading an appropriation in the amount of $161,S39.00 froni Reserve for Coiitingencies to the Sewer Construction Fund for the construction of a pumping station site at Cape Story by the Sea. ITEM #6195 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, and Donald H. Rhodes. Nays: None Absent: Councilman Floyd E. Waterfield, Jr. City Council approved the appointment of Mrs. Diane Davis as Deputy City Clerk. ITEM #6196 City Council deferred for one week, as requested by the City Manager's office, consideration of an Ordinance prescribing the method for changing the names of streets. ITEM #6197 On motion by Councilman Ferrell, 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, and Donald H. Rhodes. Nays: None Absent: Councilman Floyd E. Waterfield, Jr. City Council deferred for sixty days consideration of a Street Closure relative to a 151 right of way in the Lynnhaven Borough which was,deferred from July 23, 1973. ITEM #6198 On motion by Councilman Rhodes, 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, and Donald H. Rhodes Nays: None Absent: Councilman Floyd E. Waterfield, Jr. City Council approved the following tax refunds in the amount of $ 339 . 9 3 Date Jtilv IFZ, 1973 RO'i: tir- V. A. CVicridge. Treasure-r CT. Application for Tax RuL-UIIL-Ls. -f.j-.d of tz:4--:; -11--Czticnc fcr r tclaling 339. 93 certified for payment, as set fortil below.@- V. A. Etheridee, Treasurer Tax Type rxorer- .'Ticket tion Da@c Name Year of Ta@ Number 0. Paid Base ally est & Clara W OT 197@ CD 44,6'1 6 /2 1/73 .15. 00 15.00 h Wilson 1973 CD 53461 1/26/73 15.00 15.00 hael P. Folck-, 1973 -CD 63778 1/12/73 15.0,0 15.00 nice & Willard L. dfin Jr. 1973 6D 74474 6/26/73 15.00 15-.00 old S. Lewis 1973 CD 16rj87 1/18/73 i5.00 15.00 th-A. Wagner 1973 PP 74971 9614 6/20'/73 53.04 53.04 iel W. Riger 1973 PP 59265 9343 6/20/73 28.74 28.74 el D. Whalen 1972 PP 70084 949@ 7/10/72 65.10 3.26 68.36 1972 pp 70085 9510 7/10/72 4.20 .21 4.41 est L.'Baracot'l 73, PP 3690 9584, 1/7/73 1 26.881. .. TWO C.HECKS 16,88 -THIS ITEM M. Peyton 1973 RE 33839 1498 5/99/73 11.04 11.04 Etheridge, T easur,r, C ty of Virginia B ach e applied to s pplem,nt b 11 1973- S31533 31'20 31.20 !in B. & Bett iefj. s 197-3 RE 2 62 53 1682 6/12/73 5.281 --- 168 6/12/" -18.-2 23.50 1973 26525 16 6/12-/73 I 1 17 76 RE--] 471, 17.746! r.v,q a -- ----- --- ITEM #6199 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, and Donald H. Rhodes Nays: None Absent: Councilman Floyd E. Waterfield, Jr. City Council reappropriated the unexpended balances represented by outstanding purchase orders for which invoices h'ad not been received on June 30, 1973, into the Fiscal Year 1974 operating budg6t. These reappropriations should be made from the surplus of the respective funds as follows: -General Fund $ 865,621 Water & Sewer Fund 376,990 Virginia Beach Special Revenue Fund 4,721 School Operating 472,067 Total Reappropriations $1,719.399 ITEM #6200 On motion by Councilman Rhodes, 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 Maibon, J. Curtis Payne, Donald H. Rhodes Nays: None Absent: Councilman Floyd E. Waterfield, Jr. City Council adopted the following Resolution concerning the HIT program under the Omnibus Crime Control and Safe Streets Act of 1968. The implementation of this program will require no more funds than are already apptopriated in the Fiscal Year 1974 budget; R E S 0 L U T I 0 N WilEn-AS, the Omnibus Crime Control and Safe Streets Act of 1968, as amended, provides federal funds to assist political subdivisions of the various states in improving their respective Criminal Justice Systems in order to reduce or eliminate inadequacies; and WHEREAS, there exists a need to strengthen Police resourses in order to reduce by a measurable degree the incidence of burglaries within the City of Virginia Beach. WHERrAS, such a program has been designed to increase the effectiveness of the PLlice Division in coping with the crime of burglary and will cost $290,979.00 of which $213,577.00 will consist of grant in-aid @@unds and the City's share vill com- prise $77,422.00 in cash equivalency appropriated under the 73-74 Police budget for the employment of authorized Police personiiel. NOW, THEREFORE, BE IT RESOLVED BY TRE CON,CIL OF THE CITY OF VIRGINIA BEACH: That the City Manager is hereby authorized and directed to cause such infor- mation or materials as may be necessary to be provided to the appropriate federal and state agencies. to permit the formulation, approval and funding of the aforeren- tioned program. AND BE IT FURTHER RESOLVED, that the Council of the City of Virginia Beach gives its assurance that the funds needed as the City's proportionate share of the cost of the approved progr@,',l will be provided. ITEM #6201 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. floiland, D. Murray Malbon, J. Curtis Payne, and Donald H. Rhodes Nays: None Absent: Councilman Floyd E. Waterfield, Jr. City Council approved a transfer of $6,7S4. from Reserve for Contingencies to Account #6134-140 (Compensation of Justices of the Peace) for the appointment of one additional full-time Justice of the Peace. ITEM #6202 On motion by Councilman Ferrell, seconded by Councilman Holland, and by recorded vote as foliows: Ayes: Councilmen Johri 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, and Donald H. Rhodes. Nays: None Absent: Councilman Floyd E. Waterfield, Jr. City Council approved the request of the Electoral Board of the City of Virginia Beach to relocate the Davis Corner voting place in Bayside Borough from the Davis Corner Fire Stati*on to Betty F. Williams Elementary School at 892 Newtown Road. Under Section 24.1-39 of the Virginia Code, such a change must be made at least sixty days prior to the general election, and notice of the proposed change must be published once a week for two successive weeks in a local newspaper. ITEM #6203 On motion by Councilman Callis, 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, D. Murray Malbon, J. Curtis Payne, and Donald H. Phodes. Nays: None Abstain: Councilman Clarence A.-Holland Absent: Councilman Floyd E. Waterfield, Jr. City Council approved the low bid of Ford Pile Foundations, Inc., in the amount of $377,840, for the replacement of bulkhead between 42nd and 46th Streets along the Oceanfront and authorized the City Manager t6 sign a contract for the work. The funds are to be made available temporarily from the surplus account until Federal funds are received to cover this bulk@ead replacement. ITEM #6204 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. Cromweil, Jr., Vice Mayor F. Reid Ervin, George R. Ferrell, Charles W. Gardner, Clarence A. Holland, D. Murray Malbon, J. Curtis Payne, and Donald H. Rhodes Nays: None Absent: Councilman Floyd E. Waterfield, Jr. City Council approved the low bid of M. E. Wilkins, Incorporated in the amount of $586,734.40, for the construction of sewer lines in Thalia North, Section 2, and further authorized the City Manager. to enter into a contract for this worr. Funds are available for this project. @l-- I .- I . - I ITEM #620S On motion by Councilman Rhodes, 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. ReidEivin, George R. Ferrell, Charles W. Gardner, Clarence A. Holland, D. Murray Malbon, J. Curtis Payne, and Donald H. Rhodes Nays: None Absent: Councilman Floyd E. Waterfield, Jr. City Council approved the low bid of Van de Riet Construction Company in the amount of $66,895.00 for the construction of a sanitary sewerage pumping station in Thalia North, Section 2. City Council further authorized the City Manager to enter into a contract for this work. Funds are available for this project. ITEM #6206 On motion by Councilman Rhodes, 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, and Donald H. Rhodes Nays: None Absent: Councilman Floyd E. Waterfield, Jr. City Council approved the following application for Bingo Games and/or Raffies: Fraternal Order of Eagles #3204 ITEM #6207 On motion by Councilman Rhodes, seconded by Councilman Malbon, and by recorde-d 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, and Donald H. Rhodes Nays: None Absent: Councilman Floyd E. Waterfield, Jr. City Council approved the following application for Bingo Games and/or Raffles: Fraternal Order of Police, Lodge #8 ITEM #6208 On motion by Councilman Phodes, 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, and Donald H. Rhodes Nays: None Absent: Councilman Floyd E. Waterfield, Jr. City Council approved the following application for Bingo Games and/or Ra@fles: The Virginia Beach Civic Ballet ITEM #6209 On motion by Councilman Rhodes, 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, and Donald H. Rhodes Nays: None Absent: Councilman Floyd E. Waterfield, Jr. City Council approved the following application for Bingo Games and/or Raffles: Pembroke Meadows-Shores Civic League ITEM #6210 Councilman Ferrell requested the City Manager to check into the possibility of having the Department of Community Services water down the area of Kempsville Heights during the installation of sewer lines. ITEM #6211 The Honorable A. Joseph Canada appeared before City Council requesting Council to allow him to work with the City Attorney in drafting an Ordinance which would cover the fairgrounds in Pungo. City Council requested the City Manager to meet with Senator Canada and the City Attorney regarding this and present recommendations to Council. ITEM #6212 Councilman Baum presented to the City Council letters regarding the Corps of Engineers Public Notice on Creek dredging. Councilman Baum is concerned with flood control in the City of Virginia Beach as far as long-range plans for creek dredging, and requested Council to discuss this at the next regular meetilig on August 13, 1973. ITEM #6213 On motion by Councilman Payne, 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, and D6nald H. Rhodes Nays: None Absent: Councilman Floyd E. Waterfield, Jr. City Council noted its intention to hold a closed meeting on Monday, August 13, 1973 for the purpose of discussing items permitted for discLission under Section 2.1-344, Sub-paragraph I and 6 of the Freedom of Information Act of the Commonwealth of Virginia. ITEM #6214 On motion by Councilman Ferrell, seconded by Councilman Gardner, and by unanimous vote, the meeting adjourned. Ric n, City Clerk Robert Cromwell, jr., Mayor City of Virginia Beach, Virginia August 6, 1973