HomeMy WebLinkAboutMAY 13, 1974
NIINUTES OF THE HONORAILE CITY COUNCIL
OF T[iE
CITY OF VIRGINIA BF,\CH, VIRGI.\ilA
i,lay I -@,I 74
1
The regular meeting of the Council c)f the City of Virginia Beach,
Vir@inia, was held in the Council Chaml)ers, in the Administration
j3uilding, in the Borougii of Princess Aiine, on ,Ionday, Nlay 13, 1974,
at 2:00 p.m.
Tiae invocation was giveri by the Rev,@r-c ,-I. Thona6 'Vood, First Baptist
Ciiurch, Vir.@iriia Beacn, Vir@l,inia.
Couiicilmen present: Jo!-Ln A. Baum, rt ii . (@,11 I is , J r. , Nlavol,
Robert B. Cromwell, Jr. , Vice %Iayox i@. [@-ici ju-.rviii, Geor,.,e R. Ferrel.1,
Charles @q. Gardner, Clarence A. Holla-,i,l, Garland L. Isiell , D. ,Iurray
@Ialbon, J. Curtis Payne, and Floyd. I-.. @;aterfieJ.d, Jr.
Councilmen absent: None
ITE@L @701)8
Tn accordance with the requirements o[ the City Charter, a public
hearina was held at 2:00 p.m., this dav for the purpose of hearing
persons in favor of or opposed to the @idoption of the proposed
budget, on first reading, for the fisc@i.1 yeal- bej,,inning July 1, 1974,
and ending June 30, 1975.
Tiie followin- persons appeared:
Nlr. Richard Gordon, Executive Secretarv of the Vir,inia Beach Educational
Association, representin., the teacfiers in tile City scliool system.
Iiis remarks, a copy of t,,hich are oii fi.Le in ttie City Clerk's office,
concerned tne increase in t6acher's salaries reques,@ed of tile School
Board to cover the increase cost of liifing. He noted that the VBEA
recognized that the City Council could rot direct -@he School Board to
iilcreas-- salaries, however, he sug@ested that the City 'l-ouncil return
-@lie budget to tiie school board in@i.Lcat@n.@ tliat they wolild favorably
consider a higher appropriation iii the event the School Board raised
the teacners salaries.
Mr. Gorden was asked if his request was intended to be effective in
view of the additional $515,000 made available to the School Board.
He indicated that an addit-ional $900,0()0 was needed to provide the
necessary precentage raise to compensate for the increased cost of
livin@@.
il,ir. Hackman representing the budget committee of the Council of Civic
Or.,anizations questioned the City Council regardin., the appropriat@Lons
propos--d in the budget for typetvriters and chairs. He iias referred to
the Finance Department for a detailed @-eport.
,Nlrs. Cecily MacDonald reported to City Col-,nQ:il tliat iii view of the
increased number of liigh-rise buildiii.@,; wliicl, contain elevators no
1)r,ovisions liave been made in the bud,,e@: fo.- cl@vLtor -L-,ispectors. In
addition slie noted tlie disparity iri -li(@ num@)er of I)uild'Ing inspectors
between Virginia Beach and other cit@o,; and sug.,ested that an increase
ini@l,ht be appropriate.
,,Irs, Gaynette *@iinter appeared beforo Citv Council ur.,in, an increase
in teaciiers salaries to compensate for incr--ased costs of livin.@. She
also urged City Council to conclude the purchase of @'he public
facilities (sewer) owned by Aragona Enterprises in order to protect
the interests of t,ie prop--rty owners. A copy of her remarks are on
file in the City Clerk's office.
ITEM #7089
On motion by Councilman Payne, secondt@d 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 1,@Irvin, George R. Ferrell, Charles
W. Gardner, Clarence A. Holland, Garl@ind L. Isdell, D. Murray Malbon,
and Floyd E. Waterfield, Jr.
Nays: None
Absent: inone
City Council adopted the Eoilowing or@iirlance establishing the tax
levy on real estate and tangible pers@)nal property and other property
for the 1974 tax year:
AN ORDINANCE ESTABLISHIN(; THE @ Lrvy
ON REAL ESTATE LiD @'QGIBLE PERSO@
PR,@IPERTY A2iD OTHER PROPERTY FOR THE
1974 TILV Y@.
BE IT ORDAINED BY THE COUNCIL OF.TIIE CITY OF VIRGINIA BF-ACII,
VIRGINTA:
Sect:ion 1. klOIMT OF 1,EVY ON REAL ESTX'E.
There shall be levied ar,.d collccte(i for the 1974 tax year on all real
c,_sLate, exempt from taxation, oii ea,ih o-,ie hundred dollars ($100.00) qf
assessed valualion the-eo@@, the "ollowiii@:
Ceneral Six-Borou@h Special ilosqui-to Total eate
Borough Gover=.ent Sch,)ol Debt Revenue Control -1974
Bayside $1.52 @.04 $- $.04 $1.60
Blackwater 1.52 .04 - 1.56
Kempsville 1.52 .04 - .04 1.60
Lynnhaven 1.52 .04 - .04 .1.60
Princess Anne 1.52 .04 - - 1.56
Princess Anne Mosquito 1.52 .04 - .04 1.60
Pungo 1.52 .04 - - 1.56
Pungo Mosquito 1.52 .014 - .04 1.60
Virginia Beach 1.52 - .14 .04 1.70
The real property t,-x heretofore i-mposed and for 1.fhich the rate has be-n
prescribed, shall be applied on the basig of 60% of the fair market value.
Section 2. AMOLNT OF LEVY ON TAINGIBLE PERSO'TAL PRDI?E=.
There shall be levied and collected for the 1974 tax year on tangible
personal property, not exernpt from taxation, six dollars ($6.00) on each
one hundred dollars ($100.00) of assessed valuation thereof, for .enaral
purposes. Tlie personal property tax heretofore imposed and fcr which the
rate has been prescribed, shall be apptied on tha basts of 35@ of t,'Ie fair
market value of such personal property.
Section 3. AIIOUNT OF LEVY ON MACHINERY LND TOOLS.
There shall be levied and coll ctt2d for the 1974 tax year on
machinery and tools, not exeript from t,,-xation, one dollar ($1.00)
on each one hundred dollars (@100.00) of assessed valuation thereaf,
for general purposes.. The machinery aid tools tax heretofore imposed
and for which the rate has been prescri.bed, shall be applied on tne
basis of 35% of the fair market value Df such maellinery and tools.
,Section 4. A."Ob'%T OF LE-%'Y O'.,T AJL 1,0!,T3 0-1 UNT)@-B- F-,-,@7E
TO'iS BLTT-,@IE,\- USED Uor@ LI@TS-@,,,-L7,SS OR
There shall be levied and collected for tbe 1974 tax year on all
boats or watercraft under five tons burthen used for business or
pleasure, 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 @qhi--h the rate has been
prescribed, shall be applied on the basis of 35@" of Cne fair -,iarket
value of such personal property.
Section 5. @IIOUNT OF LE17Y 011 CEPTAIN VEFICLES A-S !,!CBILE HO-NES
OR OFFICES.
There shall be levied and coliected for the 1974 tax ear on all
vehicles wit:hout motive power, used oi- dcsignltcd t:@) be used as robile
homes or offices or for other m--ans o ha itation t)y,,r-y persoq,
dollars ($6.00) on each one huidred of assessed valuation
thereof for .eneral purposes. The pe-sonal property tax haretofore
imposed and for @.ihich the tate 1,@az; be@!n prescribecl., sliall be ap?Lied
on the basis of 35% of the fair marlp-r value of such personal property.
Sectio-.i 6. CONSTI=IONALITY.
Tliat if any part or parts, sec-i,)n or sections, sentences,
clause or phrase of t,-iis ordinance ts for any reason declared to h-
(Conr.intied)
unconstitutional or invalid, such decision shall Pot affect the
validity of the renaining portions of tljs ordinance.
Section 7. EFFECTIVE DATE.
This ordinance shall be in ef@@ect ircym and after the date of its
adoption.
First Reading: Nlay 13, 1974
Second Reading: May 20, 1974
On motion by Councilman Gardner, secoi,led by C,)uncilman Holland,
and by recorded vote as follows:
Ayes: Councilmen John A. Baum, Pobert H. Callis, Jr., @layor Robert
B. Cromwell, Jt@. , Vice @layor F. izcii@ -. .-vi n, (@,eor@.e R. Ferrell., Charle.@
,iv. Gardner, Clarence A. flolland, (la, I i -td t,. Isdell, D. @lturray @,talbon,
and Floyd E. IVaterfield, Jr.
@Nays: None
Absent: None
City Council adopted the following ord@nance makin@ appropriations
for the fiscal year be@inning JLllv -@, 1.974 and end3.ng June 30, 1915, in
the sum of one hundred tw6nty one m-,Ilion, five huadred fifteen
thousand, four liundred six,een do]-l,,trs ($121,5]S,416) and re-.ulating
the payment o@@ nioney out of the Ci@,,, tr-easury:
Ai4 ORDINA,4CE i'IAKIt@IG APPROPRIATIO,@S FOR
-ULY 1, 1974,
TEEE FISCAL YE-@ BEGI'L, -@
ANID ENDING JUNE 30, 1975, Iti T@Ll S'.J@l OF
O,\'E HUt'DRED T-VTENTY O@--P FIVE
lIU14DRED FIFREEN TIIOIIS-L'.'D, FOUR IIUI@RED
SIXTEEN DOLLARS (@121,515,416) AIID IIECULATING
THE PARIENT OF MONEY OUT OF TIM CITY
TREASURY
WHEREAS, the City @ianager has heret(,fore submitted to the Councii
an Annual Budget for the City for Lhe fi@;cal year begin.'Iin,. July 1, 1974,
a@d ending Jut,.e 30, 19-11@3, ircl it is r,,@cc-,!;Sary to al)propriate suffici-ert
funds to cover said bud,,,L.
NOW, THEREFORE, BE IT 01@ZDAILED BY TIFP- COTJNCIL OF THE CITY OF
VIRGI,NIA BF.ACH, VIRGINT-K:
Section 1. That the amounts herein named a@.gregating OiqE
HUNDRED TWEIUY ONE MILLION, FIVE IFJIMRED FIFREEN THOUSAND, FOUR
HUNDRED SIXTEEN DOLLARS (@l@11,515,416) o- so mucli thereof as -,nay be necessary
as set forth in the Annual Budget for t[i,i fiscal year 1974-7-D. submitted
by the City Manager on the date of April 1, 1974, are hereby @--ppropriated,
subject to the con"itions bereafter sct',-orth in this Ordinance, from
the revenue of th;2 City, as hereinafter .3et forth, f,@r tl,.e year 1974-75,
for the use of the several departments aid specially des4-gnated funds
.1
of the City Goverr=.,ent, and for tlie pLLrpi).3es hereaftcr.mentioned, as
set forth in said Aitnual Budget, for tlie. fiscal year b-ginning
July 1, 1974, and endin@. June 30, 1975, .13 follows:
GENER.A,L FUND:
Code Budget
Number Item of E-,,penditurl 1974-1975
1. I,(-,gi3lative Dp2artT'.ert:
,u-iicipal CounciL $ 260,109
Cily Clerk 44,984
Cocie Budget
@i urt, e r f,:cm oE 1-@i:-,enditurc, 1974-1975
Gi'@TERAL (Continued)
9 Executive Department:
City @lanager $ 132,707
Pi-@blic Information Officer 73,342
Intergoverrunental Relati,ons
Coordinator 19,275
Data Processing - Offi.ce of
Info@laLion Syst@@ 49@654
Data Processin,. - C,@ntral. l'iles 100,987
Total $ 375,965
3. Departr.,.ent:
City Attorney @ 162,003
4. Finance Department: I
Commissioner of the Revenue $ 403,336
Board of Equalization 8,660
City Real Estate Assessor 313,823
Special Tax Administration 13,020
Treasurer 443,146
Director of Finance 454,010
Purchasing Division 81,634
Independent Auditing 22,000
Employee's ReLirement and
Benefits 11287,500
Total $ 3,027,129
5. Personnel Depar-.ment:
Director of Personnel $ 158,166
6. Judi-cial Department:
CircuiL Court $ 146,568
General District Court 147,111
Juvenile and Domestic Relations
Court 56,780
Juvenile Probation 223,984
Lunacy Commission 6,000
Comwnwealth's Attorney 157,200
Iligh Constable 106,654
Sheriff 147,743
Clerk of Circuit Court- 95,676
City Jail 297,388
Juvenile Detention Home 25,000
Justices of the Peace 114,546
Tt)tal 1,524,650
(Contiiaued)
Code Budget:
Nu-@nber Ttem of E@,Dendit,-ra 1974-19/5
GENERAL FTND: (Co'.Itinuei)
7. Health Department:
Preventive @ledicine 486,646
Mental Health and ReEardation
Unit 62,521
ConTprehensive Mental Health
Program 4110,210
Compreliensiva T)riig
Drti,,, "OutreLc,@,
959@377
$
8. Social Services Departnent:
Director of Social Services $ 1,589,163
Public Assistance 4,4414,OOG
Hospitalizatioa 135,060
Total $ 6,168,163
9. Public Safety Departmant:
Police Division $ 4,484,074
.AiLKiliary Police 9,037
Animal Control 169,568
Coroners 3,600
Fire Departr..ent 1,891,60o
Volunteer Fire DeDartmeats
Radio Communications -
Forestry 3,900
Fire Inspections
Fire liydrants -
Ci-Vil Defe-,ise Unit 96,705
Total $ 6,658,484
10. Conmunity Ser-vices Depart@,.ent:
Director of Comnunity Services $ 212,506
Dredge Operations 125,838
High@,7ay Division 4,788,238
Engineerin@. and Traffic Division 611,208
Refuse DisiDosal 385,533
Refuse Collection 2,490,-)37
Street Cleaning 279,248
Inspection Services 305,355
Consumer Protection Ser-vices 67,691
Hotising Code Enforce.'IenL 59,349
Back Bay Salt Watar Project 25,661
ErosioTi Co.@ission 470,935
Total $ 9,821,949
(Continued)
Co,le Bud@et
Number item o,' 1974-1975
C-@'EPAL @D: (Continued)
ii. Par.-@ and Recreation Department:
Director of ParkL; 3i-,d Re(:rezztion $ 66,579
Recreation Depar@-rpent 643,503
Parks and 14aintena-ice 762,962
i,lunicipal Golf Course 164,105
Municipal @larina - Long (@reek 74,356
Mt. Trashmore Concessionz; 17,694
Board,@)al.'@ Trai,,i@ 18,560
Total $ 1,747 759
12. Librar,/ L)eDartri@-,it:
Vir@-inia Beach Libr@-ry $ 668,047
13. Planning Departrient:
Director o-@ Planning $ 340,264
14. Agriculture:
VPI Extension Service $ 111,962
Farmers' Produce 14arket 19,769
Total $ 131,731
15. Economic DeveloD,.Ient Depart:ment:
Director of Ecoromic Development 189,783
Contributions 7,000
Civic Center 90,564
Tourist Advertisin@. 391,236
Industrial Advertisin@. 80,500
Total 759,083
16. Department of General Services:
Director of General Services $ 103,097
Building Maintenance 903,619
Grounds Maintenance 264,236
ToLal $ 1,270,952
17. Boards and Co=issionsz
General Registrar $ 104,399
Zoning Board of Appeals 2,800
Arts and Humanities Cormission 10,620
Total $ 117,8;q
(Contiiijed)
Code Budl@et
N,@er Item of E-@:per-diture 1974-1975
Gf,-NERAL FbiND: (Concluded)
18. Non-Departmentai-.
T- 499,000
Trarisfers to Other Funds: $ 5,272,249
Reserve for Con-,-@,n,_enci.-@s:
Salary Adi@istments $ 1,000,000
I'@ass l';-ansit 150,000
Maiia@@-(' (;@-c)wLh
C,
"i, llat;
-on 250,000
Cc)sL 200,000
Rc,,ulLr
197,P@3
Total $ 1,797,843
TOTAL GENERAL YUIND $ 61,765,726
wATER AND SEI@ER FUND:
20. Departraent of Conmmnity Ser-vices:
Public Utilities.Division $ 1,018,951
Source of Supply 2,811,006
Transmission and Distri-bution 1,418,889
Maintenance and Operatiorl of
Plant and Pump Stations 186,826
Transfers to Other Funds: 2,303,127
Reser-ve @or Contin_,encies: 300,000
TOTAL liATER AND SE14ER FL,,ND $ 8,038,799
SCHOOL OPERA.TING FUIND-
12. Department of Education:
Adrainistration 590,631
Research and Public Information 189,650
Instruction - Regular Da,7 School 28,316,200
Other Instructional Cos@L; 2,982,510
Other Instructional Costs - 45-15
Program -
Attendance and Health S@,-vices 564,9(fo
Pupil Transportation 1.,782,077
Operation of School PlaIT@ -@,130,342
Maintenance of School Plitnt 1,9i2,784
Fi-,Ked Cliarges l,'07,260
Su@=er Schoc)! 260,507
(ContinLied)
Code Bud -et
NuTnber. item of Expenditure 1974-1975
SCHOOL OPERATING FLtqD: (Concluded)
12. Department of Education: (Concluded)
General Adult Educati.on .88,059
Basic Adult Education 51,715
Vocatianal Adult Educati,on 115,357
Capital Outlay 910,223
TOTAL SCIIOOI, (1,PEP-@ING FtiND 42,102,215
T-kw LIBRARY FLTND:
12. Library:
Law Library 7,500
VIRGINIA BEACH SPECIAL REVENUE FUND:
9. Department of Public Safety:
Paid Fire Department
Transfers to Other Funds: 120,435
TOTAL VIRGINTA BEACH
SrECIAL REVaUE @D 120,435
DRUG ABUSE OTJTREACH CEIN@R FUND:
7. Department of Health:
Drug Abuse Outreach Cent:er 85,008
SIX BOROUGH 8@HOOL DEBT FUND:
25. Debt Service 397,435
BAYSIDE AND UMPSVILLE BOROUGHS SCHOOL DEBT FUND:
25. Debt Service 21,803
PIMGO BOROUGH SCT-IOOT- DEBT F L@
25. Debt Service
(Continued')
Code Budget
l@ @,o@,lj;-ture 1974-1975
25. Debt Service $ 8,329,145
VIRGINIA BEACII BOPOUGH G-r@N@ DEBT FL-.qD:
25. Debt Service 147,350
',j r'@@ontin,-LVc
Reserve for Capital Projects 500, OOOL
TOTAL BLIDGET $121,515,416
LESS: INTERFUIND ?RMSFERS 27,695,811
NET BUDGET $ 93,819,605
Section 2. Subject to the provision,,; of Chapter 2, Article iii,
of the Virginia Beach City Code, the saial-ies and wages set forth in
detail in said Aianual Bud@.et, are hereby @,Lithorized and fixed as the
maximum compensation to be paid for servic-,2s rendered.
The positions, except in the labor class in cases wnere the
.number thereof is not under the control of the Council, set as line
items in said Annual Budget, shall be the maximum number of positions
authorized for the various departments, bureaus and divisions of the
City during said fiscal year, and the num..ber thereof shall not be
increase-d during said fiscal year unless authorized by the Council.
The City @lanager may from time to time increase or decrease the
number of positions in the labor class pxcvided the a@,re,.ate =ount
expended for such services shall not e@@ceet the respective appropriations
(Continued)
made therefor. The City Manager is aillhc@rized to make such rearrange-
ments of positions into several de,.irtimerits @@' -LLa4-, -c may best
meet the uses and interests of the City.
Section 3. All collections of deli.T@qttent City taxes shall be
credited to tha General Fund of the City !,y the Treasurer.
Section 4. All collectio-,is of I.o(,a Laxes ILvied shall be
credited to the Ge,-ieral Funl of the City Transfers shall be made
from the General Fund to the respective specially designaled funds
for which a levy is made in the respective amounts levied for each
such specially designated fund.
Section 5. All tax abatements and tax suppleirents dated
subsequent to December 5, 1974, for the 1.974 tax year shall accrue
to the General Fund of the City-
Section 6. All balances of the appropriations payable out
of each fund of the City Treasury unencunibered at the close of
business on the thirtieth (30th) day oi June, 1975, except as other-
wise provided for, are hereby declared tc) be lapsed into the su-rplus
of the respective funds, except School Operatin@. Fund which shall
lapse into the General Fund Surplus, and shall be used.for the
payment of the appropriatians which may be made in the appropriatian
ordinance for the fiscal year beginning July 1, 1975.
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 restriclions with respect to the
expenditure of the fuiicls appropriated sh@ill apply only to the lump-
sum amounts for classes of expenditires @.,hich have beeri included in
this ordinance.
(Continued"
SecL:i- n 8. in '@-Iiis section :;hal-I be construed as
authoriziii@- any reducu;-on to be made in tlle aMC)unts appropriated
in this ordinance for the payment of interest or bonds on the
bonded debt of the City Goverment or the former political sub-
divisions of Virginia Beacii and Princess i%nne County.
Section 9. Allc,@qances (@lit of iny of the appropriations made'-
in @)l, ar,. or @-i'l of tlie Ci y burc,.aus
or a.,eticias, to an-v of the;., officers and c-,aployees for expenses
on accouiil of the iise by such officers an(l employees of their
persop-al automobiles in the discharge of their official duties
shall not exceed t@velve cents (12) per mi'e of actual travel.
Sectioa 10. All tr,-.iveling expense accounts @Yall be submitted
on forms and according to regulations pre@;cribed or approved by the
Director of Finance. Each account shall 3'now the dates expenses
were i-ncurred or paid; number of miles tr;iveled; method of travel;
hotel expenses, meals, incidental expenses such as telegrams,
telephone calls, etc. Ttie Director of Fiiiance is specifically
directed to withhold the issuance ol- checks in payment ot expe-,Ise
accounts subm.'Ltted for "lump-sum" amounts, except in thf2 case of
eTnployees of the School Board.
Section 11. That if any part or parts, section or sections,
5p,ntences, clause or phrase of this ordinance is for iny reason
declared to be unconstitutional or invalid, such decision shall
not affect the validity of the remainin@, Portions of this ordinance.
Section 12. Tlie City @liana-.er is her@iby aultic,ri-zod to Ipp@ove
transfers of appropriations @qithin any del)artment or bet@,7een
departments, @cept fror, or to salary acc,)unLs, in an ainount not
to exceed $1,000.00 iii aiiy single tr@irisic!-Loii, an(i ftirther, lie is
(Continued)
aulhorized to approve expenditures from ihE, reserve for coiit@ingenci.es
in an amounl not to exceed $1,000.00 ir, any single transacti,on.
Section 13. That this ordinance sitall be in effect from and
after the date of its adoption.
First Reading: inlay 13, 1974
Second Reading:
ITEM
Oetition of Commonwealth Financial Corp., by Ow@,n B. Pickett, Attorney, for a Chanqe
of Zoning istrict Classification from R-8 Rpsi,7iential District to A-1 Apartme t@-
District on certain property beginning at a ,o@@@t 440 feet mor(, or less Sou'Uh of
South Birdneck Road, runnifig a distance of 166,1 feet more or less along the llest side
of General Booth Boulevard, running a distance of 3.25 feet more or less along the
Southern property line, running a distance of 1365.34 feet along the tlestern pro-
perty line and running a distance of 159.31 fee,t along the Northern property line.
Said parcel contains 8.5 acres more or less. IIRINCESS ANNE BOROUGH.
@Planning Comrnission Recommendation:
A motion was passed unanirnously by the Planning Cornmission to modify this re-
quest to R-9 Residential Townhouse District rather than A-1 Apartment District
conditional upon an east-west fully irnproved 6()-.foot dedicated right of way through
this parcel.
For the information of the applicant, prior to the issuance of a buildin, permit, the
following will be required by the adrninistrativ,@ staff:
1. Standardsite plan improvernents as required in the Fite Pl.an Ordinance.
(En@ineering)
2. City water and sewer. (Health)
3. A rninimum of 8 a(:res of land shall I)e required for recreational purposes
for proposed zoning chan@.es on the East and W@st sides of General Booth Boulevard.
(Parks and Recreation)
4. Recommended that the applicant be required to participate in school site
purchase in the amount of $5461. 08; this figure is based on the construction of 102
apartments and may be adjusted at the tirne the building permit is issued to reflect
any changes.
Mr. H. Calvin Spain, Attorney, represented the applicant.
On motion by Councilman Gardner, seconded by Councilman Payne, and
by recorded vot-- as follows:
Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., ',Iayor Dobert
B. Croniwell, Jr., Vice PIayor F. Reid Ervin, George R. cerrell, Charles
@'l. Gardner, Clarence A. floliand, D. t@lurray Malbon, J. Cu7tis Pavne, and
Floyd E. lialerfield, Jr.
Navs: Councilpian G@irlaid L. Isdell
I
Abscnt: None
City Council referred back to the Plan,,iin,, Com,,nissi,,l for six weeks
the above petition of Corimonwealth Fin;incial Corporation, by Olven B.
I)ickett, Attorney, Eor a Change of Zonin2 District Classification
from R-8 Residential DistrLct to i@-I AI)artmerit Dis" ai-n
property beginniiig at a point 440 feet more or less South of South
Birdneck Road, running a distance of 1664 feet more or less alon, the
!Vest side of General Booth Boulevard, running a distance of 325 -feet
iilore or less along the Soutiiern property line, runniilg a distance of
1365.34 feet along the Western propertv line and running a distance
of 159.31 feet a-.ong th- Northern prop'erty line. Said parcel contaiiis
3.5 acres more o- less. Princess Anne Bo'rough'@,
ITEM @09Z
Petition of Comonwealth Financial Corp., by Owen B. Pickett, Attorney, for@a Change
of Zoning District Classification from R-8 RE'sidential District to A-1 Apartmen-t
District o@ rtain roperti be-ginning at a r,oint 470 feet more or less South of
South Birdneck Road, running a distanc,. o,' 2100 feet along the Western property
line of iihich 1642 feet is the Eas" side @)f (erieral Booth Boulevard, running a
distance of 860.78 f--et along the SoutheT,n property line, running a distance of
2492.11 feet along the Eastern property line and running a distance of 1234.23
feet along the Northern property line of wilich 200 feet is the South side of South
Birdneck Road. Said parcel contains 41.2 acres and excludes a parcel containing
2.3 acres proposed for B-1 Commercial Residential Zoning. PRINCESS ANNE BOROUGH.
Plannin@, Corriinission Recommendation:
A motion was passed unanirnously by the Plann@ng Commission to modify this request to
R-9 Residential Townhouse District rather thati A-1 Apartment District conditional
upon a fully improved 60-foot dedicated right o( way to loop through the site from
South Birdneck Road to General Booth Boulevard and a dedication of right of way 45
feet from the centerline of the existing right of way along the frontage on South
Birdneck Road,
For the information of the applicant, prior to tlie issuance of a building permit, the
following will be required by the administrative staff:
1. Standard site plan improvements as re(juired in the Site Plan Ordinance.
2. City water and sewer. (Health)
3. A minimum of 8 acres of land shall be required for recreational purposes fo
proT)osed zoning changes on the East and West sides of General Booth Boulevard.
(Parks and Recreation)
4. Recornmended that the applicant be required to participate in school site
purchase in the arnount of $26, 448. 76; this figure is based on construction of 494
apartrnent units and rnay be adjusted at the time the building perrnit is issued to re-
flect any changes.
Nfr. H. Calvin Spain, Attorney, represented the applicant.
On motion by Councilman Gardner, seconded by CouncilTqan Payne, and
by recorded vote as follows;
Ayes: Councilnen John A. Baum, Robert H. Callis, jr., klayor Robert
B. Cromwell, Jr., Vice %Iayor F. Reid Ervin, Geor.,e R. Ferrell, Charles
@V. Gardner, Clarence A. Holland, D. Murray '.Ialbon, J. Curtis Payne, and
Floyd E. Waterfield, Jr.
i%'ays: Councilman Garland L. Isdell
Absent: None
Citv Council referred back to tlie Planiiin@ Commission for six weeks
tlie'above petition of Commonwealtli Financi'al Corporation, by Owen B.
Pickett, Attorney, for a Chnange of Zoning District Classification
froin R-8 Residenti-al District to l@-I Apartmeiit I)istrict or, certain
property beginniiig at a point 470 feet more or less Soutli of South
!3irdneck Road, running a distance of 2100 feet along the liestern
property line of which 1642 feet is the East side of General Booth
Boulevard, running a distance of 860.78 feet along the Southern prooerty
line, running a distance of 2492.11 feet alon.a the Eastern property line
and running a distance of 1234.23 feet along the Northern property Line
of which 200 feet is the South @ide of South Birdneck Road. Said parcel
contains 41.2 acres and excludes a parcel containing 2.3 acres proposed
,or B-1 Commercial itesidential ',@oning. Princess Anne Borou@h.
ITEM 7093
Petition Of Comonwealth Financial Corp., by Owen B. Pickett, Attorney, for a Chanqe
of Zoning District Classification from R-8 Residential District t, B-1 Commerc a
@e dentiat Dis-tric on c2rtain Property be@linilinq at a point 1460 feet more or less
SOuth of South Birdneck izoad and 115 feet riore or
vard, running a distance of 175 P, less East of General Booth Boule-
running a distance of 444 1'ee@ feet ore l@',;s d-long L'he tIFstern property line,
, rp@ore or les!, alfirig t@le tlorthern property line and
running a distance of -)44 feet iiiore or less dl(,Y@g Lhe Eastern property line and
running a distance of 342 feet more or less along the Southern property-line. Said
parcel contains 2.3 acres more or less. PRI@ICESS ANNE BOROUGH.
Planning Commission Recornrnendation:
A motion was passed unanimously by the Planning Commission to approve this re -
quest conditional upon a fully improved 60-foot iedicated right of way to loop through
the site from South Birdneck Road to General B-)oth ]3oulevard.
For the information of the applicant, prior to the issuance of a building permit, the
following will be required by the administrative staff:
1. Standard site plan improvements as req,-Lired in the Site Plan Ordinance.
2. City water and sewer. (Health)
3. A minimum of 8 acres of land shall be required for recreational purposes
for proposed zoning changes on the Fast and West sides of General Booth Boulevard.
(Parks and Recreation)
A. Recommended that the applicant be req,iired to participate in school site
purchase in the amount of $1499. 12; this figure is based on construction of 28 apart-
ments and may be adjusted at the tirne the btiilding permit is iSSLLed to reflect a.ny
chan@es,
-Nlr. H. Calvin Spain, Attorney, represeiited the applicant
On motion by Councilman Gardner, secon(led by Councilman Payne, and
by recorded vote as follows:
Ayes: Councilmen Jolin A. Baum, Robert fi. Callis, Jr., in[ayor Robert
B. Cromwell, Jr., Vice ilayor F. Reid Ervin, George R. Ferrell, Charles
W. Gardner, Clarence A. @folland, D. Nlui-ray ',Ialbon, J. Curtis Payne, and
Floyd E. Waterfield, Jr.
@'@ays: Councilman Garland L. Isdell
Absent: None
City Council referred back to the Planiiin@ Commission foi, si-I ,veeks
the above petition o,E Comnionwealth Fin@Lacial Corporation, by O,,ven B.
Pickett, Attorncy, for a Cliaiige of Zon;a., District Classificatioil
-8 ResLdential I)ist ict t B-, C, -rcial lZesicl(-,n lal Distri t
Iron R 0 oi,,im- c
oii certain property beginning at a poiitt 1460 fect more or les-@ Soutli
'- South Birdneck Road a-,id 115 feet moi@e or less Fast of Generil Pooth
ol
Boulevard, ruiiiiing a distance of 17S fc@et more or less alon@ tlie ;@estern
property lijie, runnin@ @t distance of 4,!4 feet iiore or less aloii,, tlie
i'4orthern property iie and running a distanco of 344 feet irore oi- less
along tiie Eastern property iiiie and ruitning a dis-lance of 342 I-eet inore
or less along th-- Southern property Iiiie. Said parcel contains
acres more or less. Princess Aiine Borc)ugfi.
ITEM 7094
Petitiott of Eleanor H. and Neill McRae, Jr., for a Chanqe of Zoninq Di@ct
Classification from R-8 Residential District to 0-1 @ce-MstricE on cer in
property located on the Sout@t corner of South Lynnhavert Road.and Ansol Lane,
runiiing a distance of 100 feet along the West side of South Lynnhaven Road, runn-
i.,-@g a distance of 150 feet along the South side of Ansol Lane, running a distance
of 100 fl-et along the Western property line and running a listance of 150 feet alorig
the Southern property line. Said pamel is known as Lots I and 2, Block 7, Plat of
Lynnhaven Village and contains 15,000 square feet. (Lynnhaven Village Area).
LYclilHAVEN BOROUGH.
Planning Commission Recommendation:
A wtion was passed unanimusly by the Planni" Condssion to appme this request
conditional upon a dedication of right of way 25 feet from the centerline of the
existing South Lynnhaven Road. Subsequent to the Planning Commission meeting a
revision of the dedicatign r--quirements are as follows: A dedication of right of
way 45 feet from the centerline of South Lynnhaven Road (25-foot dedication) and
a dedication of 25 feet from the centerline of Ansal Lane (5-foot dedication).
For the information of the applicant, prior to the issuance of a building pemit,
the following will be required by the achninlstrative staff:
1. City water and sewer. (Health Dept.)
2. Standard sits i@
accordance with the Site Plan Ordi@s.
Nly. Neil McRae, Jr. appeared on behalf of his application
on notion by Vice inlayor Ervin, seconded by Councilman Malbon, and
by recorded vote as follows:
Ayes: Councilmen John A. Bauri, Robert H. Callis, Jr., -Mayor Robert
B. Cromwell, Jr., Vice @@layor F. Reid Ervin, George R. Ferrell, Charles
W. Gardner, Clarence A. Holldnd, Garland L. Isdell, D. Murray Malbon,
J. Curtis Payne, and Floyd E. Waterfield, Jr.
Nays: None
Absent: None
City Council approved the following Ordinance upon petition of
Eleap.or H. and Neill McRae, Jr. for a Chanl,e of Zonin.u District
Classification from R-8 Residential District to 0-1 Office Distric@:
r70 @5 "4
I
Of@L)ENI@NCL@' UPON ot@
ELF,,,'L,NOR H. LND NEILL NIC:RAE, JIZ-
FOR A CL@GE OF ZONING DISTRICT
cLASSIFICATION FRO,4 R-8 Residential
District TO 0-1 Offi-ce District
Be it ordained by the Council of the City of Virginia Beach, Vir.ainia:
Petition of Eleanor H. and Neill McRae, Jr., for a Change of Zoning
District Classification from R-8 Residential District to 0-1 Office
District on certain property located oa the Soutliwest corner of South
Lynnhaven Road and Ansol Lane, running a distance of 100 feet alon.a
the West side of South Lynnhaven Road, runnin@. a distance of 150 feet
along the South sid-- of Ansol Lane, runiiing a distance of 100 feet
along the Western prop--rty line and runni-ng a distance of 150 feet
along the Soutliern property line. Said parcel is known as Lots 1 and
2, Block 7, Plat of Lynnhaven Villa,.,o and contains 15,000 square feet.
(LynnhaVen Village Area). Lynnhaven Borou.,h. Approval is subject to
the following:
T[iis ordinance shall be effective tii)on satisfactory con@pliance to the
conditions imposed in this motion, and it is understood and agreed to
by the adplicant that the official chance an the zoning maps will not
be made until tfie following conditions are satisfied:
1. Dedication of right of way 45 f.@et from the centerline of
South Lynnhaven Road (25-foot dedic,ition).
2. Dedication of ri@.,ht of ivay 25 f@@et from the cent@rline of
Ansol Lane (5-foot dedication)
3. City water and sewer. (Health)
4. Standard site improvements in accordance ivith the Site Plan
Ordinance.
For the iiiformation of the applicaiit, ,)rior to tlie issuance of a
buildin- p--rmit, the applicant shall aihere to all requ@lrements
of t4ie administrative staff.
IlEm ff
Petit@of Judy Andras3y by Peter K. Babalas, Attorney, for a Chanqe of Zonina
District Classification from R-5 Residential District to A-4 A rt@wn@I)istrict
on certain prope eginninq at a point 723.7 feet East of Birdneck Road, runn-
ing a distance of 541.75 feet along the Southp-rn property line of which 218.52
feet is the @'4orth side of @inqua.oin Trail, r-@nning a distance of 219.78 feet
along the Eastern property line (186.02 feet South of Laskin Road), running a
distance of 561.33 feet along the .'iortheryt )m@oerty line and running a distance
of -09 feet along the Western prooerty line. Said parcel contains 2.322 acres.
(Birdneck Village Area). LYNNMVTN BOROUGH.
Planning Commission Recomendation:
A motion was passed unanimously by the Planninq Comission to modify this request
to B-2 Community Business District rather than A-4 Apartnent District as originally
requested conditional upon the dedication of right of way 25 feet from the center-
lil-le of Chinquapin Trail (10-foot dedication).
For the information of the applicant, prior to the issuance of a building permit,
t'he following will be required by the adininistrative staff-
1. City water and sewer. (Health Dept.)
2. A buffer strip along the Southern property line and along a porticm of the
Western property line shall be provided to which the applicant ag@ . A letter is
to be submitted by the applicant indicatinq concurrence with this request.
3. io curb cuts shall be allowed on "he back of the p@ed shopping center
for any truck loading or unloading. The applicant agreed to this conditiort and
will submit a letter indicating concurrence.
4. Entrance to property shall be from Laskin Road. The applicant has
agre--d to this condition.
5. Standard site;imorovements in accordance with the Site Plan Ordinance.
Nlr. Peter K. Babalas, Attorney, represented the applicant.
On motion by Vice Mayor Ervin, seconded by Councilman imalbon, and
by recorded vote as follows:
Ayes: Councilmen Jolin A. Bauril, Robert H. Caiiis, Jr., Nlayor Robert
B. Cromwell, Jr., Vice Nlayor F. Reid Ervin, Georue R. Ferrell, Charles
@@. Gardner, Clarence A. Holland, Garland L. Isdell, D. Nlurray Malbon
J. Curtis Payne, and Floyd E. Waterfield, Jr.
@@ays :inone
Absent: None
City Council approved tiie followiii.- C)rdinanco upon petit4on of
I
Judy Aiidrassy by Petcr K. Babalas, Attorney, for a Chan,@e of Zoning
District Classification from R-5 R--sidenti@il Disti,ict to B-2 Community
ilusiiiess-District (tilis is a i-,iodilicatio,-i Eron, A-4 Apartment District):
ORDINANCE UPON PETITION 01; JUDY Z0574040
k@DRASSY iiY PETER K, @,',BALikS FOR
A CriANGF@ OF ZOINING j)l',-i'RIC'f CLASS-
FL@OM l@ 5
TO B-2 (:oii,@iLi,@i.ty litisine-,i-,;
t-i c t
Be it ordained by the Council of the C-ty of Vir.@inia Beach, Vir.,inia:
Petition of Judy Andrassy by Peter K. j@abalas, Attorney, for a Change
of Zoning District Classification from R-5 Residential District to B-2
Community Business District on certain property beginning at a point
723.7 feet East of Birdneck Road, runnlng a distan--e of S41.7S feet
aloilg the Soutfiern pi,operty line of wh..ch 218.52 feet is the @@orth side
of Chinquapin Trail, runnin., a distanc(.@ of 21.9.78 feet along the Eastern
property line (186.02 feet Soutli of La,;kin Road), running a distance of
561.83 feet along ttie Northern propert@ line aiid running a distance of
309 feet alorig the Western property litie. Said parcel contains 2.822
acres (Bi-rdneck Village Area). Lynnhaven Borough.
Approval is subject to the followin., s,-ipulati.ons:
1. City water and sewer. (ilealtii)
2. A buffer strip along the Soutliern property lipe and along a
portion of tiie ivestern property lirie sliall be provided to which
the applicant agreed. A letter i,; to be subn@itted by the applicant
indicating @oncurrence with this equest.
3. iNo curb cuts sliall be allow d on tfie back- of the proposed shopping
center for any truck loadiii,., or u@iloading. Tlie al)plicant agreed to
this condition and will submit a Letter indicating concurrence.
4. Entrance-to property shall be from Laskin Road. The applicant
has agreed to this condition.
S. Standard site improvements iq accordance with the Site Plan
Ordinance.
!TEiM t7O96
Petition of Clyde Absalcxn and Bonnie Be-Lo Markets, Inc., by Grover C. WHght,
Jr.. Attorney, for a Chanqe of Zoninq District Classification from R-8 Residential
District to B-2 Community Bus-iness -DTs-f@i t@on- e@r@id-P p@rty oeginning at a
point 150@feet South of Shore Drive, running a distance of 170.6 feet along the
14est side of Red Tide Road, running a distance of 300.94 feet along the North side
of Cape Henry Drive, runninq a distance of 193.76 feet along the East side of Sea
S@iell Road, and running a d'sl.ance of 300 feet along the liorthern prooerty line.
Said oarcel is known as Lot, 7 th@.gh 14, Bl,,ck 'I, Plat of Lynnhaven Beach.
(Lynnkaven Colony Area). L'@'@IiIHAVEN BCIROI@f;H.
Planning Comission Reconiriendation:
A irotion was passed unanimously by the Planning C6mmission with one abstention to
approve this request.
For the information of the applicant, prior to the issuance of a building pemit
t,@e following will be required @y the administrative staff:
1. City water and sewer. (ilealth Dept.)
2. Standard site improvements in accordance with the Site Plan Ordinance.
(Engineering)
3. Entrances to the site shall be allowed on Red Tide Road and @shell
Road. The applicant has agreed to this requi @nt.
4. The rear portion of the property shall be screened with a fence as well
as a vegetaticm screen. The applicant has agreed to this requi@t.
Mr. Grover C. IVright, Jr., Attorney, represented the applicant
@Nlr. H. C. Powell, President of the Lynnhaven Inlet Civic League appeared
in opposition to tlie above petition
i,lr. Ray T. Allen, representing the citizens of Lynnhaven Colony appea i
in opposition to the above petition.
Vice Nlayor Ervin )@lade a motion, seconded by Councilman Baum, to deny
the above petition of Clyde Absalom and Bonnie Be-Lo Markets, Inc.,
by Grover C. @Vright, Jr., Attorney,for a Change of Zonin@@ District
Classification from R-8 Residential District to B-2 Community Business
District. The recorded vote is as follows:
Ayes: Councilmen John A. Baum, Vice @%layor F. Reid Ervin, and Charles W..
Gardner
Nays: Councilinen Robert If. Callis, Jr., Mayor Robert B. Cromwell, Jr.,
George R. Ferrell, Clarence A. Holland, Garland L. Isdell, D. Murray
Nlalbon, J. Curtis Pavne, and Floyd E. @llaterfield, Jr.
Absent: None
The rotion to deny tiie above petition of Clyde ki3salam and Bonnie Be-Lo
--ncorp,-)ra-led ,,fas defeated.
COLI@icilman t@Ialbon mad, a motioi, seconde(i by Councillnan Callis, to
uDhold the recomnendations of the Planning Com@mission and approve
t@e above petition of Clyde Absalom arid Bonnie Be-Lo Nlarket , in
'Flie recorded vote is as fo.Llows: s
Ayes: COunCilmen Robert ii. Callis, ir.
R. Ferrell, Clarerice A. Holland, Garland L. Isdell, D. Nlurray
George , t@layor lzobert B. Cromwell, ir.
,Ilalbon, J. Curtis Payrie, and Floyd E. I'laterfield, Jr.
Nays: COuncilmen JoLln A. Baum, Vice Mayor F. Reid Ervin, and Charle, W.
Gardnor.
CitY COUnCil approved the @ollowing Ordinance upon petiti,, f
Clyd-- Absalom and Bonnie Be-Lo Markets, Incorporated, by Grove, C.
Wright, Jr., for a Charige of t from
R-3 Residantial District Zonin' District Classifica i,,
to B . Community Business District:
ORDI@'4A.NCE UPON PEI'IFIO@14 ;)F CLYDE
ABSALOM @ND BONNIE BE-LOIN @IARKETS,
Ii'qCORPOP,ATED, BY (@iz \il@R C,. @@pIGIiT,
FOP, A C"i@@14GL- OF ZO.@IN(; DISTRICT
CLASSIFICATION FROIT ',Z-8 PesideDtial.
Distri-ct l'O B- il,tv @iusiness
Be it ordained by the Couiicii of tlle,, C-Ly of Virc.,in4la Beach, Virgi-nia:
Petition of Clyde Absaloni and Borini(, Bt!-Lo %,Lar@ULS, iii@orporated, by
Grover C. Wright, Jr., Attorney, for a Change of Zonin@ District
Classification from R-8 Residentiai Dit@trict to B-2 Community Business
District on certain property b--ginnjit,,, at a point 150 feet South ol@
Silore Drive, running a distance ot- 1-0 6 feet the -,Vest side of
Red Tide Road, runni-,i,, -,L distatice o -@(@i).94 f--ct al.onl, the North side
of Cape Henry i)rive., i-ujtning a of @93.76 Eeet aloil@. tlie @ast
sicle of Sea Shell ilo@
I -Ld and riiiiiiiii--, c@;st@ijicc of 300 r@c,,et alon, tiie
i@orthern property line. S,,iid pai-c, L@ kz,,o@vii s l,ots 7 thfou@,h 14,
Block @,l, Plat of Lynnhaven Beacii. (l,v;@nhaven Colo,.iy Area) l,vniiliaven
Borough.
Approval is subject to the followin-I s-@@ipulations:
1. City water and sewer, (fie@iltil)
2. Standard site iinprovements in accordance with the -3ite Plan
Ordinance. (Enl,ineerin@.)
3. Entrance to the site sliall 'De allowed on Red l'ide Road and
Seashell Road. The applicant has agreed to tliis requirement.
4. The rear portion of the property shall-be screened with a
fence as well as ve-,etation screeii. Tlie applicant has a@lreed
to tliis r--(iuir--!ien,
ITEM #70,)7
Petition of The Southland Employees Trust for a Chancie of Zoninq DistriCt rlassi-
fication from R-9 Residential Townhotise District7to-B-@nimuniiy usiness Distr ct
on certain property beqinning at a point 5,@O feet nore or less -@o-il.h of Silina
Iri@e, running a distance of 217 fe--t r@ore- or less along the West sir@le of South
I
Llvnnhaven Road, running a distance of 464.35 feet along the Sou@'hern Dronerty
line, running a distance of 131.52 feet along the Western pronerty line, and
running a distance of 341.86 feet alonq the 4orthern proderty line. Said parcel
contains 1.96 acres more or less. (Princess Anne Plaza Area). LY'INHAVEil
BOROUGH.
Planning Comission Recommendation:
A rotion was passed unanimously by the Planning Connission to ani)rove this r-@quest.
For the infornation of the aoplicant, prior to "he issuance of a buildinq perriit t@e
folio,,qin.g will be rp-quired 'Dy @,he administrative staff:
1. City water and sewer. (Health Dept.)
2. Standard site improvements in accordance ,4ith the Site P73.n Ordinance.
A landscaped buffer shall be provided along t@e 'jestari prooerty lie of
.,fle existing commercial oroperty and -Lhis -@)roloosed cofmerci.;ii -)arr--21 @@at is ld-
,@,--,-nt 'o the residf-.ntiai area.
Ii. C-,iivi-n SpaL,-i, ALtorney, represented the aDpliCant
I
Oii iiiotion by Councill',Iaii Njalbon, secondod b,v Councilpian [@errell, and
by recorded votc as follows:
Ayes: Councilmen John A. Baum, IZob--rt 11. Callis, Jr., @layor Rol)ert B.
Cromivell, Jr., Geor,.e R. Ferrell, Charles l@. Gardner, Clarence A.
flolland, Garland L. Isdell, D. @Nlurray @talbon, J. Curtis Pavne, and
Floyd E. Waterfield, Jr.
iN@ivs None
A)stain; Vi-ce Niayor F. Peid F-rviri
A@)sent: Nolie
(.@;ty Council ipi)-roved the followin@ Ordinance upon petition of
'Frust for a Chan
e Southland Employees qe of "onin, Oistrict
ORDINA.NCE UPON PETITION OF THE ZC)574042
SOUTHLAND EMPLOYEES TRUST FOR
A CL@NGE OF ZONING DISTRICT
(:IIASSIFICATIOIIJ -,@R@OM R-9 Residenti-al
ownliouse I)istit,ct 'ro li-2 @l'ojqmullity
t,us@Lneiis District.
Be it ordained by the Council of the City of Vir.@inia Beach, Virginia:
Petitiori of the Southland Employees Trust for a Change of Zoning
District Classification from R-9 Residential Townhouse District to
B-2 Community Business District on certain property beginnin@ at a
poirit 500 feet iflore or Less South of Silina Drive, running a distance
of 217 feet more or I.ess alon.- the @Vest side of South Lynnhaven Drive,,
rujiniiig a distaiice ()i- 404.35 fe--t aLori,,, tlio Soutliern property line,
runiiin,a a distarice of 181.52 feet aLc)n@l, the tvestern property line and
rup,niiig a distaiico ot -)411.,S6 foct ziloiig th(@ i',I(jrthern property line.
Said parcel contains i.96 acres more or less. (Princess Anne Plaza
Area). Lynnhaven Borough.
Approval is subject to the followin., stipulations:
1. City water and sewer. (Ifealth)
2. Standard site iitiprovements in @Lccordance with the Site Plan
Ordinance.
3. Landscaped buffer shall be provided along the liestern property
line of the existing commercial property and this proposed commercial
parcel that is adjacent to the residential area.
ITE,@l 'i7O98
PL,titiom,@of4EIT&,L. Johnson,@fora Chanqe of Zoninq District Classification frr)m
,@-8 Residential District to 1-1 Lig t ndu-strial nistr ct on Prtain p,,5,-,ty
@egi-@ining at a point r-58 feet '1,7ast of i!Ortii @cea'na Boulevard, runninq a distance
of 279 feet along the @'@orth side Of Sout,@ern Cau-leyard, r@jr@ning ,l distancl. )f
@ I f,,,-t alonq
7@10.7 feet alonq the Eas'arn Droner+y 'ine, r!i@)iiing a distance of 279
@@!orthern proloerty line an@ r@,.Anning a @, oF 71,11 .7 -@et along the 'Aestern
r)rr)Derty line. Said parcel is known as Lo@, @15, Plat of i@c--ara r@ardens and con-
lains 5 acres. (Oceana Gardens Area). LY@itIHAVE@4 BORr.'UCH.
Planning Comission Recomendation:
A rotion was passed unanimously by the Planning Commission to approve this condi-
tional upon the dedication of right of ivay 30 feet from @'he centerline of t@e
exsting Southern Boulevard;subsequent to the Planninq Comission Lieetinq, a
revision has been noted to recuire a dedication of rirjht of,.qay 45 feet .@rom @he
c,2?iterline of t@e existinq Sout-hern Boulevard (110-foot dedication).
For the information of the applicant, prior to the issuance of a building permit,
the following will be requi @ by the administrative s-'aff:
1. City water and sewer. (Health C@ept.)
2. Standard site improv@nts in accordance with the Site Plan Ordinance
to iiclude a six-foot stockade fence erected at a 30-foot setback line from the
adjacent northern residential property line (the anplicant has agreed to this re-
quiremefvt).
Mr. Anderson, Attorney, repr--sente,,l the applicant.
On motion by Councilr@qan Gardner, sec,),id--d by C@ouncili-.ian Isdl-ll, and
by recorded vote as follows:
Ayes: Councilmen John A. Baum, Robert 14. Callis, Jr., Nlayor Robert
B. Crorawell, Jr. , George R. Ferrell, Charles lq. Gardner, Clarence A.
Holland, Garland L. Isdell, D. i%lurrav Nlalbon, J. Curtis Payne, and
Floyd E. IVaterfield, Jr.
@@ays :
None
Abstain: Vice @Nlayor F. Reid Ervin
Absent: None
City Council appi,oved ttie followin-, OrdLnance upon petit4on of
I
[-'.ILa L. Joiiiison for a Change of Zoiiing DLstrict Classification
frot,-i R-8 Residential District to 1-1 Lic.@ht Iiidustrial
ORDINANCE UPOi4 PE'I'ITION OF Z0574043
ELLA L. JOHNSO@N FOR A CHAINGE
OF 70NIiNG DISTIZFC... CLASSIFICATION
FRO@l,l R--8 Resi(iopt al District TO
1-1 Li,.,ht Tndustr.al District
Be it ordained by the Council of tlic C-ty of Vir.,iiiia Beach, Vir.@i.ni@t.
Petition of Ella L. Johnson for a Change of Zoning District Classification
from R-8 Residential District to 1-1. LL@.ht Industrial District on certain
property beginning at a point S58 feet East of North Oceana Boulevard.,
running a distance of 279 feet along tlie North side of Southern Boulevard,
running a distance of 780.7 feet along the Eastern property line, running
a distance of 279 feet alon@ the Northern property line and running a
distance of 780.7 feet along the I'lestecn property line. Said parcel
is known as Lot 45, Plat of Oceana Gar,lens and contains 5 acres.
(Oceaiia Gardens Area). Lynnliaven Boro@igh.
This ordinance shall be effective upon satisfactory compliance to the
conditions imposed in this inotion, and it is u-@iderstood and agreed to
by the applicant that the official change on the zoning maps will not
be iiiade until the following conditions are satisfied:
1. A dedication of right of @vay 45 feet from the centerline of
the existin-@ Southern Boulevard (30-foot dedication')
2. City water and se@'Ter. (Ileal Ci)
3. Standard site improvements in accordance with the Site Plan
Ordinance to include a six-foot stockade fence erected at a 30-
foot setback line from the adjacefit northern residential property
line (the applicant has agreed to this requirement).
ITEIN[ #701)9
Petition o@ A. L. Wood by Grover C. Wright, Jy-., Attorney, for a Chanqe of
Zoninq District Classification from R-8 Residential Dis"rict (formerly R-2) to
A- partment District (formerly R-3) on cprtain property 'located at the Northwest
corner of Baltic Avenue and 25th Street, r,!@nninq a Jistance of ]4f) feet along the
'@1--st side of 9altic Avenue, ,@unninq a dis@@ific ; i,IF 100 f,2et alorq the "orfl-h side of
2-oth Street, running a distance of 140 f@c, along the Western pron@erty liie and
r,,inning a distance of 1.@ a'ionq the i )rooerty line. @laij darcel is
kr,own as Lots 1, 3, and 5, Block 127, Virginia Beach P@evelopment 'om.oany, ',!,ap @llo. 6,
and contains 14,000 square feet. VIRGI.NIA @CH BOROUCH.
Plannin( econmndation:
.) Commission R
A.motion was passed unanimously by the Planning Commission to deny this petitiolt
as "he request would not be compatible with the character of the surrounding are*.
@Ir. Grover C. Wri@,ht, Jr., Attorriey, re,,)T,esented the applicant
On motion by Councilman Callis, seconded by Councilman Gardner, and
by recorded vote as follows:
Ayes: Councilmen John A. Baum, Robert 11. Callis, Jr., Mayor Robert B.
Cromwell, Jr., Vice %Iayor F. Reid Ervin, George R. Ferrell, Charles IV.
Gardner, Clarence A. lioliand, Garland L. Isd--ll, D. Murray @,lalbon, J.
Curtis Payne, and Floyd f@. lVaterfiel@', Tr.
Nays: None
Absent: None
City Council deferred for three weeks tlie above petition of A. L.
I'@'ood by Grover C. Wright, Jr., Attorney, for a Change of Zoning
District Classifica-Lion froin R-8 Reside,itial District orinerly
-2 to A-4 Apartm nt District (formerly R-3) on certain property
located at the Northwest corner of Baltic Avenue and 2Sth Street,
runnin.a a distance of 140 feet along th-- West side of Baltic Avenue,
runnin,@ a distance of 100 feet along the North side of 25th Street,
running a distance of 140 feet along the Western property line and
running a distance of 100 feet along the Northern property line. Said
parcel is known as Lots 1, 3, and 5, Block 127, Vir@.inia Beach Develop,,aent
Company, Map No. 6, and contains 14,000 square feet. Virginia Beach
Borough.
ITENI @7'C)O
P-2tition of Seneca Cami)sites, Inc., for a Chanqe of Zoning riistrict Classifica-
ti,on from AG-1 Agricultural 'jistrict to A-.F-;7pirt:Tent Distrlc@, on certain property
loc@ted on the West side of Princess Anne 3oad beginninq at a point 4600 feet more
or less South of Public Landing Ooad, running a distance of 772 feet along the
Eastern property line of which 320 feet is the West side of Princess Anne Road,
running a distance of 1524.54 feet along the Southern proper-UY line, running a dis-
luance of 1149 feet along the Wes-tern property line and running a distance of 1302
feet along the Ilorthern property line. Said r)arcel contains e"6.16 acres. ('4unden
Area). PUNGO BOROUGH.
Planning Comission Recom*ndation:
A rollion was passed unanimously by the Planning Comission to deny this request as
"he proposed change of zoning would allow uses which are clearly inappropriate to
@,@is, section of the@@a@would constitute spot zoning.______
Mr. Thomas C. Broyles, Jr., Attorney, r--presented the applicant.
On mot--Lon by Councilman Waterfield, sec:)nded by Councilman Baum, and
by recorded vote as follows:
Ayes: Councilmen John A. Baum, Robert (i. Callis, Jr., Mayor Robert B.
Cromwell, Jr., Geor@e R. Ferrell, Charles W. Gardner, Clarence A. Holl@
Garland L. Isdell, and Floyd E. lvaterfield, Jr.
Nays: Councilmen D. Murray t@ialbon, and J. Curtis Payne
Abstain: Vice Nlayor F. @Zeid Ervin
Absent: None
Citv Council voted to deny the above petition of Seneca Campsites,
Incorporated, for a Change of Zoning District Classification from
AG-1 Agricultural District to A-1 Apartment District oH ce-rtain
property located on the liest side of Princess Anne Road be@inning at
a point 4600 feet more or less South of Public Landing Road, runnin@
a distance of 772 feet along the Eastera property line of iqhich 320
ect is the West sid-- of Princess Anne Road, ruinin, a distance of
1524.54 feet aloiig tiie Soutliern propert line, and rurnin@., a distance
of 1149 feet along the ',,Iiestern property line and runniii@, i distance of
i3O2 feet along the Northern property line. Said parcel :)ntains 26.16
ac-res. (@lunden Are@i). Pungo Borou,li
@ . The al)plicatiol was denied as the
proposed change of zoniii,. wou.Ld 4ilio,,v trhicti ai-e clearly inappropriate
to tliis se.ction oE tlie City aiid @vould c)ilstitute ,;pot zoiiinl,.
;,-)olication of Seneca fitosites, Inc., Fo@, i ditiona , e P it
. Z,@ ( @)r, I ,JS er", to or)erate a
t,,.obile hmw park on certain property located 6n-i-e@w@if- l@d@of P-rinces's Anne
Road beginning at a point 4600 feet more or less South of Public Landing Road,
running a distance of 772@feet along the Eastern property line of which 320 feet
is the West side of Princess Anne Road. running a distance of 1524.54 feet alon
the Southern property line, running a distance of 1149 feet along the Western pro-
perty line and running a distance of 1302 feet alonq the Plorthern property line.
Said parcel contains 26.16 acres. (,'4unden Are.&). PUNGO BOROUGH.
Pla,,ining Commission Recommendation:
,a. motion was passed unanimously by the Planning: Comission to deny this request as
t,he recommendation for the rp-quired zoning classification for this parcel was for
denial-.
Nlr. Thomas C. Broyles, Attorney, represk,,nted the applica,-it
on notion by Councilman 'vvaterfield, seconded by Councilman Baum, and
by recorded vote as follows:
Ayes: Councilmen John A. Baum, Robert 11. Callis, Jr., Nayor Robert B.
Cron,well, Jr., George R. Ferrell, Charl(!s W. Gardner, Clarence A. Holland
Garland L. Isdell, J. Curtis Payne, and Floyd E. IVaterfield, Jr.
@,,T ay s :Councilinan D. @4urray @%lalbon
Abstain: Vice @layor F. Reid Ervin
Abse-@it: None
City Council voted to deny the above application of Seneca Campsites
incorporated for a Conditional Use Permit to operate a mobile home
park on certain property located o tlie West side of Princess Anne
Road bcginning at a point 4600 feet more or less South of Public Landin@
Road, running a distance of 772 feet alona tlie Easteril p.-operty line of
wliicii 320 feet is the West side of Pi-incess Anne Road, ru.'Ining a distance
of 1524.54 feet alon., -,he Southern property Line, riinnilig a distance- of
li49 feet along tlie @Vestern property Iii,.e and rlirining a clistance of 1300
feet alon,, the Nlorth--rn property line. Said parcel conta 4@ns 26.16 acre
s
(@%lundens Area). Pungo Borough.
;notion by Councilmari Isdell, seconie(i by Councilmaii lioliand,
a,qd by recorded vote as @@ollows:
Aves: Counciimen John A. BauTq, @@lavor Pobert B. Cromtvell, Jr.,
Vice Mayor F. '-@cid Ervin, George R'. F.@rrell, Charles tv. Gardner,
Cl.arence A. HoLlan,[, Garland L. D, 'Iurr,,iy @ilal.l)on, I. CLrti_S
I'avne, and Flovd E,,, 'o@alerfield,
@None
Absent: Councilinan Callis
City Council approved the followin, t@ix refunds in the amount of
6 0 4. 66:
To: i@Ir. Dale Bimson City Attoriiey
F.-ora: Mr. V. A. E-Iher4-dge, Treasurer Date 4-30-74
Subje--t: Application T@N Refunds
The following applications for refund of taxes totaling 604.66
and certified for payment, as set forth below:
V. A. Etheridge
easure'r
Type Tax xoner@
Name Tax of Ticket tion Date Pen- Inter Total
Year Tax Number @0. Piid lbase altv@iest I
orge E Brosch 1974 CD 60928 1-3-74 15.00
therine Gal!uF 1974 CD 49978 1-16-74 7.50
it Enter- 1974 CD T-9622 l-'LO-74 11.05
ises Inc.
le Allen Brake 1974 CD T-7375 1-22-74 30
wis Mitchell 1974 CD 37673 12-1-74 15.00
ger Dale 1974 CD 46979 1-14-74 7.50
Ison
witt Richard 1974 CD 3920 1-11-74 7.50
Jr.
ris C Levensor 1974 CD 64610 1-9-74 7.50
ck S Hoars 1974 CD 5375'0 1.-22-74 7.50
burne Paul H 1972 PP 49342 9-11@-72 21.00 1.05 22.05
pressway Const 1970 RE Y@ 15098 2049 6-LO-70 64.38
1st & 'Z.'nd 10-26-70 64.38
19711 RE # 15"'16 2050 5-20-71 '04.38
1;3t & 2,-id 11-5-71 64.38 257.52
r Gala'riad Co. 1973@ RE #047710-4 2079 6-10-'73 85.92
1st & 2nd i.2-5-73 85.92 1-7 34
ylor, Alfred 1973 RE #061294-9 2084 4-9-74 67.20 67.20
o Va. Nat.Bank
A@ appli r e@fu@d of ta--xes ap?roved, Dat
'e 17@
D@, le Bimson', City Attorney
A abatements totaling Approved by C
D;, il, 7
Ri@chard Jywebbon,
4
fTLM #7103
On inotion by Councilman Ferrell, se@@onded by Councilman @,lalbon,
and by recorded vote as follows:
Ayes: Councilmen Jolin A. Baum, Nlay@@r fzobert B. Cromwell, Jr.,
Vice @layor F. Reid Ervin, Geor.@e R. t@eryell, Cliarles W. Gardner,
Cl ai,ence A. fioiland, Gar la n(i L. I s(]@@ 1 1 @ T). MLirrqy ',la lb on, J. Curtis
Payne, ancl Floycl I-. 1'.,tllerfieicl, Tt
@'a@-s None
Absent: Councilman Callis
City Council adopted the following ol-dlnance agreeing to vacati,on
of a part of the plat entitled "Subdiv@sion of Parcels XXIX-AL
XXIX-B and XXX, Airport Industrial Pq.x-@ - Bayside:
AN ORDINANCE AGREEING To V.ACATION OF A
PART OF THE PLAT ENTITLED "SUBDIVISION
OF PARCELS X-,IX-A, X-IX-B & XXX, AIRPORT
INDUSTRIAL PARK - BAYSII)E"
WHERF-AS, the City of Virginia Beach Development Authority, formerly
known as the Citv of Virginia Beach Industrial Developirent Authority,
recorded in the Clerk's Office of the Circuit Court of the City of
Vi-rginia Beach, in Map Book 95, at Pag-- 15, a certain plat entitled
"Subdivision of Parcels KXIX-A, XXIX-B & XXX; Airport Industrial Park -
Bavside, Virginia Beach, Va.", daled i,inuary 12, 1973; and
WHERFAS, Parcels vXIX-A and YXI"I'l-,3 are 3djoini-,ig parcels on said plat
and there is a ten-foot drainage and utility easement shown on said plat
along the dividing line between Parcels XXIX-A and XXIX-B and said ease-
ment was made subject to the ri-hts of the City of Virginia Beach for
surface and und@--rground drainage and uiiderground and overhead ucilities;
r c
@,"dERE,A-3, Parcels --@',TX-A and --KXIX-11 have !)oel sc)ld b-,7 said Authority
,and are owned by the sane party; and
WHEI,IM@S, the owners of all lots oTi sa*,-d Dl,at ',-iave a5lreed to vacation
oL said easement and to vacation oL@ th(? boundary line bc,t--,7een @@le two -said
Parcels, thus creating a new parc@,l, P@,rcLl XXII(; aid
WHEREAS, said easerient is not n2cf,ssary to (:train s.-ii-d oroperties and
said easement has not been used and is not nec,-,ssar7 @or overnead and
iinderground utilities or any public utility installation;
BE IT ORDAINED BY T-E CITY COULNCIL OF TTq.@, '-,,'!TY OF VTRGINIA BEACH,
,.7ii@GINIA:
SecCion 1. That the City of Vi-rg4-nia Beac',l agrees to -@he vacation
ot Lnat certain ten-l@oot drainage and ulility easement shown on both sides
ol@ the dividin@, line between Parcels XXIX-A and XXIX-B, five feet of which
easement i-s over tie southern five of Parcel XXIX-B and @ive f-cc :)i-:
-1 n -1 tt,
whi --'l is over L'@ie iiorth@rn 1-7ive @eeL c ' Pa-:c@l -@'@IX-A as s, ow o, at
cer,-a,'-Li i:)'Lat e@-i"L i1- --d "'---ubdiv,*-sioc, )!-F '@arcels XXIX-A, @l<-)(IX-B & )=; Air-
port Industrial Park - Bayside; Vir-,inia Beach, Va.", dated January 12,
1973, aid recorded in the Clerk's Office o-F the Circuit Court of the City
o-F Vir.@in4-a Beach in Map Book 9i, at Paae '@5.
Section 2. That the City of Vi-r@linia Beach agrees to the vacation
of the boundary line between Parcels XXIX-A and XXIX-B on sai-d plat, t@l-ius
creating a new parcel, Parcel XXIX.
Section 3. That the City @tanager and the City Clerk are authorized
to execute an instrumenl in writin.- oursuant to Section 15.1-482(a) of
th@ Code of Vir.-inial la,D-0, as ameided, @17',IiCh agrees to said vacation
and which substitutes a new plat s'iaowin- the combined 'Darcel XXIX.
Section 4. That tbis ordinance s,iall be ef@@eccive from and aftel
tha date of adopcion.
Adopted by the City Council of the City of @fir@.i@lia Beach, Virainia,
on this 13 day of Nlay 191'4.
-ITEM #710,t
@an j-,iotion by Councilman Gardner, se( oricled bv Coun(:iir@ian Payne,
and by recorded vote as follows:
Ayes: Couricilmen Jolin A. Baum, @lav@ kobert 11. Croirtwell, Jr.,
Vice i@layor F. Reid Ervin, Geor,e R. r,ell, Ch@irle,@- W. Gardner,
Clarence A. Hoiland, Garland L Isdi!l@l., D. @llurray i@talbon, J. Curtis
Payne, and Floyd E. IVaterfield, Jr.
Nays; None
Absent: Councilman Callis
City Council adopted the followin@ t,@,I,@riarice relatilig to the advertis-
in., oi@ conductiii, of "(@oiri, Out of ii,i@iiess" s@iles except by a
poi,r.iit to cojiduct StIL:ll @i sale and ti pi@3scribe to cert,,iin regulations
tlierefore, and to a fee f @ssiiance of sii(i permit:
AN OPDINAiiCE @T R
TO T@ ADVE TISI',QG
o@ CONDUCTING OF "GC)ING OUT OF 13U-@T@iESS"
SALES EYCEPT BY A PI;MAIT TO CONDUCT SUCH
A SALE A!iD TO PRESCRIBE TO CERTAIN RF@GU-
LATIONS AND TO ESTABLISH A
FEE FOR ISSUAINCE OF SAID PER@IIT
BE IT ORDAINED BY TIIE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGIiiIA:
S(-,ction 1. It stial-I be unlawf.ul for any person to advertise,
or Coilduct a sale for the purpose of discontinuing a @-etail business,
or to modify the @,,ord "sale" in any a(tvertise-@,aent @,,ith the words
ligoing out of business" or any other words which tend to insinuate
tha-, the reta@l business is to be discontinued and the merchandise
liquidated unless such pers6n obtains a permit to coriduct such sale
from the Consumer Protection Officer of the City of Virginia Beach.
Section 2. The Consumer Protection Officer sliall issue perM3*.ts
to retdil merchants for special sales as required in the preceeding
Section upon the adplication of such merchant and shall inspect the
advertisement and conductin@- of such sale to insure that it has been
advertised and conducted in conformity witti the required permit.
Section 3. All applications for special sale permits shall be
accompanied by an inventory of all goods -,qhich are to be offered tor
sale during th-- sale and only the goods specified in the invento-ry
list Flay be advertised at a reduced price or sold at a reduced price
durin-- the sales period.
Section 4. Each special sales permit shall be valid for a
per)-od of no longer than 30 days and any extention of that time shall
constitute a new special sale and shall require an additional permit.
Section 5. The Consumer ProtecLion Ofticer is authorized to
charl@,e a @@ee for the issuance of s?ecial sal@2s pe--Mits in the amount
ot t@qenty-five dollars ($25.00).
ITEM 4710'3
On motion by Councilman Ferrell, se@-.opded by Councilran lfolland,
a-id bv recorded vote as follows:
I
Ayes: Coi-incilmen -fohn A. Baum, @,la,,,,)r Ilobert l@, (-,roinwell, Jr.,
V@.ce @layor F. Reid E@rvin, George 1'. FLrrell, Cliaries Gardner,
Cl.irciice A. llol.ILLn,], (-@a-l@ind I-. 1). @,turray 'lalbon, J. Curtis
Oayne, and Floyd E. @'vaterf@eld, Jl'.
Navs: None
I
Abse,it: Councilman Callis
CiLy Council adopted the following ordinance authorizin@. the vacation
of a utility and draina@e easement on certain property in Bayside
Borou,h, Virginia Beach, Vir@inia:
AN ORDI@'4ANC@- AUTHORI--IqG TF@ VAC.IXTIOI\T
OF 'LJTILITY @@TD DI@I@IAGE E.@SE@F@-NT ON
CEP,TATii PPOPERTY-IN 3AYSIDE BO@@OUGH,
VI-,2,GINI.A B-@Cli, VIIGINIA
BE IT ORDAIN-LD BY THE CITY COT@TCIL O@- THE CITL OF VIRGINIA
VIRGINIA:
@,7',iereas, a ten (10) foot ul-ili-@y and draina-e easeme@lt i,7as
d@?-','---a-led as s@..io@.7n an c@tlai: cer@la4-,,l @ecc,,-(--,ed i-n ii@,p Bootc 8L, at
Pa,-,--- 35, i,-i the OL-fice of Circuit Court of the Ci-ty o-,
17ir@inia Beach, and
ldhereas, it has been deterriined that the a-Dove sai-d easement is
no lon@er of any use to the City and the sane s,iould be disposed of
anti- vacated.
i@low, -.1lere:Eore, B-- It Ordai-ned B'7 t',Ie Cc)uncil of The Ci-ty of
V-@L@-inia Beach, Vi-@--i-ni-a:
That the ten (10) foot u-lility end drainae easer,,en-- as descrioed
Dn t'@iat plal ent-Lti@d "Ten (10) foDL: -ti,-ility and Drainae Easer.-,ent To
@lacated For- Dia,-ioncl industrial @ar7l
Bays@@.d-- 'j3orou@i,,, Vii:,@inia
Scale 1" = l,')O', 3, 197'4, D,-,n-an @: Jo,inson, Lt@
P,,,.,ct,l Vi in4-a,
E,,,,,i,ieers and Su--veyors, Vir-inia B2acli, Vir-inia, a copy of said pl
b2i-ng attached iiereto, be and the sar:ie is 'rere@cy vacated.
This ordinance shall 'De effec@-ive from date oi: adoption.
Adopt--d @Dy t',ae Counc4.1 of tLie Ci-@y of Vir2in4-a Beach, Vir,inia
on Lhe 13 day of Nlav 1974.
ITEM #7106
COUNCILMAN CALLIS RETURINED TO COUNC@EL CHAMBERS
On motion by Councilman Ferrell, s(@@@ojided by (,@ouncilma, @liaterfield,
and by recorded vote as follows:
Aves: CouncilmeTi ju,in A. liaum, Iloi@,-,ri 11. C:allis, Jr., @layor f@obert
B. Croniwell., Jr., @f@iyor F,. 11 (i@ J @vin, (,Corge R. Fcrrell, Cliarle5,
G@Lrclner, Clarc,,iice A. [1c)tland, Tsdell, D. Milrray [Ntalbon,
J. Ctirtis PLyne, zi L@')
Nays: None
Absent: None
City Council deferred for one (1) week, an ordinance to amend and
reordain Chapter 2, Article 111, Division 4, relating to personnel pro-
cedures, providing for a personnel I)oard, appointment, qual.ifications,
terins of office, compensation, etc., o,' m--mbers: designation of
iae,-qbers of the unclassified service.
AN ORDINANCE TO AIIEND @ID REORDAIN CHAPTER
2, A:PTICLr-- III, DIVISION 41 REI-@TING TO
PERSONNEL PROOIEDURES, PRO'%TIDT@,G FOR A
PERSui@iEL BO@KRD, 42PO!NlT,1-17,NT, QUAT.IFICAT1.0-S,
TEIC,,LS OF OFFICE, COXPENSATION, ETC., OF
@,',IBEI@S: DESIGNATION Or, OF THE
UNCLASSIFIED SERVICE
BE IT ORDAINED BY THE COUNCIL OF TdE CITY OF VIRGINIA BF-ACH
VIRGINIA:
That Section 2-43.1 o" the Code of th-- City of Virginia Beach is
herel;y amended and reordained to read as follows:
There shall be a Personnel Board consistin@- of five (5) qualified
voters appointed by the Council for a term of three years. Of those
first appointed, one shal-I be appointed to serve for one year, t@@10
for two years and two for three years. ThereafLer, M-mbers shall be
appointed for the full tel-m of three vears. Vacancies shall be fi-Iled
by the Council I)y appointment for thL unexpired portion of the terin.
One member of the board shall always !)o l iier@iber of thc classified
service as defined in Section 2-43.4. The board shall ciloose one of
its n@embers to be the C'iairpian and ori,-@ nLi,.itier to be the V@.co-Ct-iai-rma,,i
for a term of one year. Tile Personnel Board may adop-, rules o4--
procedure for c@onduct:ing Personnel l@,o-ird hearirigs. The Director of
Personnel or his designce shall serve as Secretary td the Personnel
Board and shall attend all meetings with no voti-ng privile@.es, A
majority of tlie board shall constitute,, a quortim. @le.,nbers of th2 board
'I -1 2' d
shall receive such conpensillion as ra, -e
Section 2-4'J.2 is hereb,, ame-iuled aid reordai-,ied to rea@l as i:cllo,,js:
The Personnel -loard shall !la-,,,o tile pot,7e--- aiil' 'shall be requi-red to
hear appeals of @.rievances of all classified ciL@, t!iiplo@,ees who have
completed ttieir probationary period a,@ pr()vi-@]e@@' a'n@Section 2-L-3.4
regarding their emplc)yl-.2-.t @,,i-th th2 Ci-t c@f Viz-,,-,,@nia Beach exc@pt coi-
plaints or disputes concernin@ condit;-ons of em)loyme-,it: a@re@-e,*to by
the emplovee and those conc-ernin, lie,,c),.iatic)ns ,,f wage@3, salaries and
em.ployee benefits. The ruli-ligs and ri-ndin@s oF th@ Personlel BoarcJ
eith--r sustainin,,, reversin@. or modii-.,,-i-rg the disciplinary action
appealed shall be l.inal in all cases @?xcept in appeals pertainin@. to
clismissal, deTotion or suspension lof inore then E.Lve wortcing days.
Personnel Board rulings and finding,,3 I)ertainin@ to dismissal, demotion
or suspension for @tiul@ L'L-ia,@ L-ive working days shall be subject to
revie@.7 and adjustment by the City @lanager. All rtilings and findings
of the board may be revie@,7ed by Citv (:Ounci.', oajy wherc- e-.,cpenditure of
r..,uiiicinal funds is involved. Tiie @)-i- @l',; and f i,ild;_,, @tia I I
[,,oi,: be t'Li'@ Gc,,,i Lo;l aric@l C)i uf,@it(-,d
o-r of this State or local laws.
The autliority of the Perso,,inel. Board sliall be 1-;-mited to reviewing
the appointin@ authority's action conc@erning the City's or app6inting
authority's policies, rules and regulations. The Personnel Board shall
have no authority to add to, delete o3- a@nend the City's or appointin@.
authority's policies, rules and regulations.
Section 2-43.3 is hereby amended and reordained to read as follows:
The service of the City 4 s divided into unclassif4-ed and classified
services. The unclassil@ied service shall consist of:
a) Members of the Cit3, Council Lad all other-elected officials.
b) Employees appointed by t,ie Ti-easurer, A-ItorneN, for the
Co=on@@7ealth, Conmissioner ol- the Revenue, Clerk of the
Circuill Court and City Sheriff.
c) Memb--rs of the Boards and Connissions, officers appointed
by the Council and persons appointed bv the Judges of the
Courts of Record.
d) Employees of the Health Departmen-.
L (state agency)
e) Emplovees of the Farm and HOT,'.e Demcn@stration DeDartment,
except the cleri-cal and farmers produce inarlet eTployees.
f) EnDloyees of the School f@card. (state agency)
g) Licensed physicians er,,plove.d by the Gity in their
professional capacities.
h) Eniployees of the DepartmenL of Soc4-al Services.
i) TLe General Re,,4strar, Assistant :,eiier@il Re-istrar and
Assistant Registrars.
Section 2-zt3.4 is herebv ainended tn@l reordailaed to read as follo@4s:
The classified service shall conpri-e all positions not specifically
i-ncluded by Section 2-43.3 in the unclLss,*-E@i.(,d service. All original
snall be for a probationary period the conditio@ns of @.lhicii
s@iall be .ove--ned bv the rules establ.i@;hed by the Gi'l-y @lanager. Memijers
of -,he classified service shall be sub-@ect to such disciplinary actions,
iric@@uding removal, as nay be ordered or adoroved by the officet h'avii-ig
the power of appointment to the position held by the person to be
disciplined. Prior to the conclusion of the probationary period of.
any eriployee-, his s--rvice may be tert.,,iiiat--d by such officer, if in thE
C)i)@i-l-)i-on o@' suct'i o-EI-5,c,,r, the ei,,,,plovee (lo-s no, 1)
ossess the qualifications
13Y the p-osition to wliicii he w@is appointed. Upon the conclusion
of "he pro'@)ati-onary period no meiiiber of-- the classified service shall be
susp,ended for rciore than five working days, reduced in rank, reduced in
rate of pay or removed, except after notice in wtiting of the grounds
of the proposed disciplinary action and an opportunity to be heard
thereon by the Personnel Board as provided in Section 2-43.2.
This ordinance shall be effective from June 1. 1074.
Adopted by the Council of the City of Virginia Beach on the
day of 1974.
JDB:er
5-6-74
TTE',,i #7107
On motion by Couiicilinan Gardner, sc@i- c)i, led I)y Council,man flolland,
and by recorded vote Folio@,[--,:
,@yes: CoLin ci lm(@n Cal.Iis, Jr. , !,lavor Robe rt
B. Cromwell, @ir. , Vice @,,'ayor F. Reid i@ i viii, (;eoio.e R. lerrell, Charle,.
IV. Gardner, Clarence A. Holland, Garland L. lsdell, D. @,lurray Malbon,
J. Curtis Payne, and Floyd E. Waterfield, Jr.
Nays: None
Absent: None
City Council adopted th-- following ordinan(:e to amend Ordinance No.
466 pertainin.@ to the re,ulation of f,-@inil.y table top commercial
recreation centers:
AN ORDINANCE TO @iND ORDINANCE NO. 466
PERTAINI,NG TO THE REGULATION OF F.AMILY
TABLE TOP CO,@RCIAL RECREATION CENTERS
BE IT ORDA!INED BY THE COUNCIL OF TIE CITY OF VIRGINIA BEACH,
VIr@GIi@TIA:
That ordinance Nu@ner Z,.@66 be anp-nded and reo--dained to read as
f01lO@,7S :
A. A "family @ablp too commercial recreation center" within the
meaning and applica-lion of this ordinance is defined as any establish-
@,e-,it i,7here footsball, ta'ole tennis, shuffleboard or any other game of
-L-ecl-eation or amusemen,l 4's displayed for pu'L)Iic patrona-e, IThere the
inser-4on of a coin, slu- or token or the payment o@@ a fee is required
anci wliere or sl:c'ci tables or @.ame r,,.ac'ciinas are ,Ised. There is
2,lcepted @@roq --',ie re@ulations containec' herain those establishr,,.ents
duly 14@censed and re,ula-@ed 'Dy tii,2 Vi-i-,inia AlcoLqolic Bev@ra@e Control
-c)ai:d.
B. No person siiall operate a la-,nil.y tal,)Le top co,,@ercial recreation
ce,-i-@e-, i,7itl-iout first o-btainin@ a per-,ii,: @@rocq Cit:y @,"ana-er or his
autt@iorized d.,21e-ate. Application i:or @;ucn per-,iit shall be accompanied
by a fee of $90.00 @,7hich s,.iall iot 'De a:efundable and shall contain the
foll-owinp, inforr,,ation:
1. Ncame and address o@@ the ao?licanl, a@e, social
securil@y number, race, sex, C'aLe and -,31ace oz- birth
and where pertinent the relationship of tiie applicant
to any company, cor.3oration or ot,ier entity @qhic@@i @@ias
a-,iy i-nterest in the ownersh4-T) or :nanaeme,,it of -L',Ie
center.
2. P--ior criminal corivic-@i.ons, e,@ClLidinal traffic
of,@enses, o-@ @-lie applicant, i,,- any.
3 . PLosDective loca-Liori c)i-- cie cente.-.
4. iaa.@iraum number or- patrons cen@er will acconmadate.
5. A list of all employees w'no are expected to serve
in a mana-erial capacity, in -Lie cent@@r.
0
6. A certification by tile applicant that all require-
ments o@- this ordinance, as h--reiri sec 'cortli, 'nave been
complied with.
C. Upon receipt of an applica-Lion @or a permit, the City Mana@er
s'(iall inmediately cause an investigation to be made concernin@ the
qualifications of the applicant and w@iether the proposed center is in
compliance with this ordinance. Tac@ C@,ty Manager shall grant or deny
such ne@-mit and s'nal.1 nc@Li-L-y the ap@il of I'lis action within thirty
days of the fili-n@, o@l: the a-oplicat-@@',I@,@l. If tlia Cil--y Manager denies such
per,,.iit, he shall s-LaLe in wri-'cirig.@zi i --asons for sucii acti.on. The
following factors shall constitute grotinds for denial of a pe@t for
operation oi: a center:
1. A findin- by the City lianager tiiat the applicant
has falsified hi-s application in a waterial manner.
2. A findi-ng by the City @,lanager that the applicant
or any of his desinated mana-eriai employees has a
criminal record which reveals any convictions for
violations of any dru@ control laws or any other
pattern of criminal -@n]-sconduct@ i..nvolvin- moral
turpitude.
3. finding by the City llana@er that the applicant
consistently i:ails to cooperate with law enforcement
personnel in the exercise of tiaeir of@-icial duties.
4. A findin@ @Dy ti,@e Cit:y ilana@er that the application
is not properly completed as required herein.
5. A findin@ by the Ci-y ',ilana@er Lhat ttle proposed
center fai-Is to comply wi--'q t@e provisions of this
ordinance.
No other factors shall be su@-ficient g-.ounds for denial of an
aDplication @@or a pe@t.
D. The City liana-er may revok-- or suspend for a period of thirty
days the permit -L@or the operation o--- a fariily table 'lop comrnercial
recr2ation cen--er if he :L-i-ods:
1. Ttiat the premises have 'Deen declared a common
nuisance by a court of competent juri-sdiction.
2. Ti-ia-, tile pe-,,aittee has cor,.sisto-ntly failed
operate the center in an orderly P,,ann--r.
3- Ti-tat '@lie oer,.iit:tee has fail--d to take prompt
and vi@orous ac-Lion to prevent violations of criminal
statut--s occurrin@ on t,ie pl--emises @,7hiC'@l are 'L'nOwn or
should have @oeeii [,:nown to the pe-zmittee.
4. Thall circumstances exist which @,,ould have justified
a denial of such permit at the time of i-Is issuance.
5. That the permittee has failed -@o comoly with the pro-
visions of this ordinance.
A pertnittee sliall @D@ enti-Lled to a hearin- before the City Mana@er
be@@ore suc.q permit is :evoked or susoended. Tiie --ity imana-er sball -ive
the permittee thirty days notice of hi3 intention -uo revoke or suspend
sucl,i oer@@t alon, his -!,rounds -For revocatic)n o2: suspension @Dy
c--rtiL-ied nail, return racei-pt .-equ,-,sL.@d, T'.-Ie shall be held
not moz-- than twen-.y clays aft--r ol-@ t@le notice.
E. No Permit issued under tnis ordinance shall be assi-nable in
any ivanner whatsoever. @@raen the permittee shall cease to operate the
center for a period of si:cty days, the permit shall be void.
F. No center shall be operated e:,cept in coripliarice @gith the follow-
in, operatin@ requirements provided that requirelnents 6 and 7 stiall not
be required of any center operating la@vfully prior to the e@-fective date
- Ordinanc6 No. 466.
or
1. The center sliall 'De il!L-,minated throughout its
interior at a level o-f fa.-ty @-oot candles,
2. Tha center shall provid2 @32parate rest room
facii-i-ties Y-or both sexes.
3. No ninor, u,-ider the age o-- sixteen years, shall
De all-owed to patronize L@,-- c@--ntor's @ane ta@Dles ane-
no rqinor, under the a@e of ci:-,ht2en y,-ars, shall be
allowed to remai,-i in 2he cente'- between t,'ie tiours of
12:01 a.-,u. and 5:00 a.m. unle@is accomdained by their
parent or @uardian.
4. The center shall at all tiines be under management
and control by a person at 1--ast ei@hteen years of a-e
who shall be on the premises of the cent@-r at all ti,,aes
durin@ tiie liours of operati-on.
5. The center shall have no I)artitioned or closed off
areas ot'ner than those for faciliti--s, o@-fice
soace and storerooms.
6. The center shall be located on the ground 1--vel floor
of t'@ie bui-ldin- in w'L,4ch i- i,,; s4tuated; i- s,,Ip--! also have
a windo@i or winam,7s -@,,ith a -Lot-,al ol@ not Icss tiian one
hundred square Feet of glass ,iiiicli shall not @L)e covered
or other@.7ise obs@-r-ucted durin,; hours o@- businass.
7. The conter shall provid-- i),@rpanently maintained
off-s@-rect parkin, -@For personnel and patrons at the
rate of one and o,-ie-lialf pa-@-- n., spac--s ior eacii @ar.@,e
table or machine di-splayed iri use or no-,.
G. Tliis ordinance s,iall be e:E-fecl-ive @@ro-@n th-@ date of i-@s nassage.
First Peadin@: Nlay 13, 1974
Second @eading:
Adonted by the Council oi: the C4-tv of Virtinia Beach, Vir@inia, on
the day o.@ 1974.
7
(a@
On motion by Vice Mayor Ervin, seconde,l by Councilman Ferrell,
and by recorded vote as follows:
Ayes: Councilmen John A. Baum, Robert fl. Callis, Jr., P"layor Robert
B. Cromwell, Jr@., @lic-- @layor F. Reicl l.' vin, (,ear,,,e R. Ferrell, Cliarles
IV. Gardner, Clareilcc! A. liol land , (;@ir @ ,i d I.,. Tsdel I , 1). 'Itirray @talbon,
J. Curti-s Payne, aiii Fl,,)yd F. t'l@ttet'! Jr.
Nays: None
Absent: None
City Council adopted the following resolution that would allow the
C-orps of Engineer to expand their currt?nt water resources stuiy to
include possible water supply needs for the Hampton Roads area:
On inotion by Vice Nlayor Frvin, secondee, by Coun@ilrian Fer-rell, and
by unanimous consent, the City Council adapted the followin,@ Resolution
aiid directed tlie City Clerk to forward same to tlie Committee on Public
Viorks of tiie House of Representatives, with copies to Representatives
G. Iiilliam Whitehurst and R. @v. Daniel@, Jr.:
R E S 0 L U T I 0 N
Resolvecl by the Committee on Ptiblic @Vorks of the United States
House of Representatives that the Boai@ct of En@.ineers for Rivers and
flarbors is hereby requested to review ihe report of the Chief of
Engineers on Jan@es River aiid tributaric!s published on flouse Document
207, SOtli Congress, First Session, and otiler pertinent studies, sucti
as Chowan River Basin Study, with a vic@w to determine if water supply
projects can be developed to meet the @vater supply needs of the
Hainpton Roads area.
ITF,M "71t)8 (b)
On iiiotioji by Vice @layor Ervin, seconde(i by Couiicilrnan Ferrell, and by
Linaiiirious vote, City Council adopted tite follow@n@ .Zeol.,,-.-@ion and
di.rected tiie City Clerk to forivard sailc@ to tho Committee on Public 1,Vorks
of ttie Unitecl St@ttes 'D'eiiate, witti copi(!s to Sciiators riLrry F. Byrd, Jr.,
ajid '@iilliam F. Scott:
R F S 0 L U T I 0 N'
Resolved by ttic Coj,.imi-Itee oti Pul)L@c Viorks of tlie tjnited States
Senate t'@iat the Board of E:ngineers for Rivers aiid [la-,bors is liereby
requested to review the report oE tlie (:iiief of l-,ngineers on Jaiiies
P@iver ancl tribut;Ll@ies published in floti,;e Document 207, 80th Con-,ress,
FirsL Session, aitd otlier Dertineiit stuties, such is Cliowan River 3asin
I I
i@u,i@-, @qititi 1/2,iew to cletermirie @E -;uppL@ .-ro,;-,cts c,-ln he
C,o i-..i3et L,iie tqate7 supply needs oF the li,imt)ton TZOIct-s are,,i.
ITEM fl7l@09
On @Lotion by Councilrian Gardner, ;ecoDLIed I)y Councilnan Isdell,
and by recorde(i vote as follows:
Aves: John A. Baum, Robert [i. Callis, Jr., @1a@,-or Robert
B. Cromwell, Jr., Vice Nlayor F. Reici Ervin, Geor,e R. Ferrell, Charles
@14'. Gardner, Clarence A. Holland, Garland L. Isdell, D. @lurray ,ilalbon,
J. Cu-rtis Payne, and Floyd E. liaterfield, Jr.
@4ays:
None
Absent: None
(lity Council approved an appropriat'@on of $7,8@O from unappropriated
surplus to budget account #01720 in the budget of tlie Coinmissioner
of Revenue for extra help in completing the State Income T,,.x ijork
a,id to complete the proofin@ of the real estate and personal
property tax books.
ITEM #7110
On riotion by Vice Mayor Ervin, seconded by Councilman @,laterfield,
and by recorded vote as follows:
Aves: Councilmen John A. Baum, Robert H. Callis, Jr., '4ayor Robert
B. Cromwell, Jr., Vice Mayor F. Reid Ervin, Geor,e R. Ferrell, Charles
l@. Gardner, Clarence A. Holland, Garl@,jid L. Isdell, 1). @,lurray t,lalbon,
J. Curtis Payne, and Floyd E. @Vaterficld, Jr.
Nays: None
Absent: No,-ie
City Council approved a transfer of @16,100 from -unappropriated
surplus to Highivay Division budget accourit #06310 (Replacement of
Auto,,notive Equiptiient) and tlie use of $3,900 in residual funds in
that budget account for the purchase of a center line truck mounted
Daint machine at a bid price of $60,000.
on motion by Councilman Ferrell, seconded by Vice Playor Ervin, and
by recorded vote as follolqs:
Aves: Councilr.-ien Jolin A. Baum, Robert fi. Callis, Jr., @@layor Robert
B,. Croinwell, Jr., Vice @4-,tyor F. Reid L-r@,,in, George R. 17errell, Charles
Gardner, Clarence A. [folland, G,,irl-,ind I.. Lsclell, D. @turrav iltalbon,
I
J. clurtis Payne, ind Flovd tlator-fieil@l,, Jr.
Nays: None
AI)so[it: inone
City Council approved i traiisfer o,@@ $-,',700 Eropi I'c-,;orve for Continl,encies
to Account #4002-02011-02010 - adverLi@iti,-, for ni@@ie additioiial filins
of tlie Annual Report at $300 per filti.
ITE,%f #7111
on notion by Councilman Ilolland, se(-ondecl by CouTicilman lsiell,
aTid by recorded vote as follows:
Ayes: (,-,ouncilmen John A. Baum, lzobert 11. Callis, Jr., 'elavor Robert
B. Crom,,qell, Jr., Vice Nlayor F. IZeid Ervin, George R. Ferrell, Charles
@V. Gardner, Clarence A. Efolland, G@icland L. Isdell, D. lurray Ilalbon,
,J. Curtis Payne, and f@loyd E. @Vaterfield, -Jr.,@
Nays: None
Absent: @@4one
7 1 1
Or' "lotion by Vice ',I;Ivor Ervin, CO'Incil na,-, C@,@
1)), Tecorded votc @ I
@i,, @ollow--i:
Ayes: Councilmen John A. Baum, RobeY,'t H. Callis, Jr., @layor Robert
B. Cromwell, Jr., Vice Mayor F. Reid l@rvin, George R. Ferrell, Charles
'.V. Gardner, Clarence A. Holland, Garland L. Isdell, D. Murray -Ialbon,
J. Curtis Payne, and Floyd E. WateT-ficld, Jr.
Nays: None
Absent: None
City Council approved the proposed contract between the City of
Virginia Beach and the Cit@ of Norfolk for the resumption of bus
service within the City of Virginia Beach.
ITEM #7113
On motion by Councilman Callis, seconded by Vice Mayor Ervin,
and by recorded vote as follo@qs:
Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Mayor Robert
B. Cromwell, Jr., Vice @layor F. IZeid Ervin, George R. Ferrell, Chatles
'@V. Gardner, Clarence A. flolland, Cal-laiid L. Tsdell, D. @Jurray t@ialbon,
,J. Curtis Payne, and l@loyd E. IVaterfield, Jr.
Nays: @4one
Absent: None
City Council approved a proposed agreement between the Tidewater
Transportation District Comr-qission and its member jurisdictions
to provide TTDC with interim capital fi.nancing for tlie acquis-@tion,
consolidation, rehabilitation and expansion of public transporation in
the fou-r-citv 'fidewater @irea. Vi.rl,inizL Beach's sliare of TTDC's first
veaT canital prouram is $84,630. The (@ombine(I four-city share is
,$004,500, ind will onable TTDC to Tratcli $3,42:@),SOO in St,,ite fuii(is and
$7,120,000 in Federal funds, for a totzil first year pro@ram of
$il,iso,ooo.
I'I'El,i #7114
VICE ',IAYOR ERVIIN LEFT Tift; COUNCIL CIIA@@ll@'@RS
Oii j-,iotion by CounciLiqan @@Ialbon, sccond(,d by CoLincili@,an Ivaterfield,
and by recorded vote @is Eol.lows:
A@,es Councilinen Jolin A. Baum, [Zobert Ii. Callis, Jr., @lavor fzol)frt
l@. Cron@well, Jr., George R. Ferrell, CIL,,trles @@. G@ir(Iner, Clarerice A.
fic)lland, Carlaiid L. Isdell, D. I'lurray @ialbon, T. Curt@s I)ayne, and
Fl-oyd E,. tvaterficld, Jr.
@@ays:
inone
AI)sont: Vice @,layor f@,rvin
City Council at)pointed 'Ir. David Stormc)nt 111, to fill the unext)ired
t,-,r of @Ir. IVesi-ev i). Payne. The term expires Septe.,Iber 18, 197T.
Stormont w,,is tr)po@nt--d tr, the
ITENI #7115
OTi i,,iotien by Councilrnan Callis, sec:c)r,,ded IDy Councilman Gardner, and
by recorded vote as Eollows:
Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., t"lavor Robert B.
Cromwell, Jr., Geor,e R. Ferrell, Cliarles t@i. Gardner, Clarence A.
1-folland, Garland L. Isdell, D. @,lurray J. Curtis Pavne, and
Floyd F. liaterfield, Jr.
;@@lys :@4one
Absent: Vice ilayor
City Council appointed the followin@ persons to the Tideiiater
Re.-ional Health Planriin,a Council:
@Ir. Richard Bryd,es, resigned.
Nirs. Ann Dliddleton iqas appointed to fill tlie unexpired term which
ends I,iay 30, 1976.
l@Ir. Calvin Spain was appointed for a terrq of tliree years be.@inning
i%lav 1, 1974 and endin@ April 20, 1977.
This is to fill the additional seat oii the Tidewater Re@ional Health
Plaiining Council assigned to Vir-ginia Beach due to its increased
population.
VICE @,IAYOR ERVli4 RETURINED TO THE COUN(:IL CFIAMBERS
ITEM #7116
@ir. Leigh P. Forbes appeared before City Council regarding tlie Fire
Cod--.
Nfr. Forbes presented to Council a petition frori area nercliants in
favor of selling 'sparklers", and aske,d Council to strike to word
,'sparklers" from the City Fire Code.
On notion by Councilman Callis, seconded bv Councilman Waterfield,
and by recorded vote as follows:
Ayes: Councilmen John A. Baum, Robert Ii. Callis, Jr., @!avor Robert
B. Cromwell, Jr., Vice tlayor F. Reid Ervin, George R. Fer@ell, Charles
Gardner, Clarence A. Holland, -lariand L. Isclell, D. @-lurray tfilbon,
J. Curtis Payne, and Floyd E. '@aterfieLd, Jr.
INLLYS :None
Abseiit: inone
City Council deferi@ed for one (1) wee@ a f@nai docisioii i-ocirding
tlie sale of sparklers iri the City oF @ir5,,ini@i Beacli.
I'FEI,,[ #7117
On r@iotion by Counciiman Isdoll, secnnded by (:ouncilin@in @l,,lltlon,
and by recorded vote as Eollows:
Ayes: Councilmen John A. Baum, Robert Ii. Callis, Jr., @layor I'lobert
B. C,-omwell, Jr., Vice Nlayor F. Reid Ervin, George R. Ferrell, Ch@irles
Gardner, Clarence A. Flolland, (;arland L. rsdell, D. lilurray @ialbon,
,J . (]Lirtis Payne , and Floyd E . 1,Vaterf i--Id , Jr .
iNays: None
@\bsent: None
Clouncil granted Mr. Joe Waller a bii-
ITE@,l #7118
"Ir- NlcCarthy of thc @t'halia @Vaterway ls,,oci-LLtioii, il)l)c-,ared !)e:Fore
City Council re,,ai-clin, siltation iii the lv'e@;tern of tlie l,yrinhaveli
I I
.K'.1i,er and to uri(lert@ike (irect in, ol@e,,atlo[tS.
@g I
After cc)nsi(lerzible dis(:Llssion City C(JUriLil diTCCtCd thc City @lanager
to brief them next week on this matter and to bring the iqatter
back next ireek.
ITEM #7119
Richard i%,Iaddox appeared beforc@ (:@t Council i,egarding bicycles on
the boardivalk after 9 p.m.
@layor Cromwell directed the City @,lanager to s@-udy the matter and the
reasons behind the curfew.
ITEM #7120
On Tqotion by Councilman Ferrell, secon,led by Councilrian Callis,
an(i by recorded vote as follows:
Ayes: Councilmen John A. Baum, Robert if. Callis, Jr., llayor Robert
B. Cromw--Il, Jr,, Vice @tiyor F. Roicl E,,-vin, Geor-e R. Ferrell, Charles
l@. Gardner, Clai,ence ]@. flolland, Garlaiid L. Isde'll, D. @lurray @talbon,
J. Curtis Payiie, aiid Flovd E. lllatei-fie@d, Jr.
Nays: None
Absent: None
Due to the legal lioliday, @lemorial Day, May 27, 1974, Council noted
tiaere will be no Council ?,,Ieetinl,.
ITE@XI #7121
By re(luost of Councilman Ferrell, Nlr. Picliard J. ',,Vebbon, read the
foltowin-@ newspaper clipping to the CitV COLincil:
etme Tiency
:F. Delin
It is a brave City Council that pre- the cat with exquisite pr@ion as an declared public poucy of IlUnois that a @
sijrnes to tell a cat it can't go where its animalthatisalwaysonthewron.-side catvisitin@aneighbor'syardorcro@i
feet and fancy take it. of a door. Cats feel that way about ing the Nghwar is a pubfic nuisance. It I
The Virginia Beach Council took the fences, too,. -is in "he nature of cats to do a certain't
lea,,) Monday on a 6 to 4 vote. Notorious The cat is bom a restless rover. He- amount of unescorted roaming. Nlanyl
s,cofflaws that theyare, it is u@'ely or she-is constantly on the prowl live Nvith their owners in apartments or
mLir,y cats ivill pay heed. huntine. fighting, courting, or just exer- other restricted premises and I doubt
The vehicle was a pet-control law e,,c- cising bie kinks out of the muscles. Aif we %vant to make their every brief
tended to cats so. the SPCA could bave- cat with the ui-,e to roam can no mor@ fo,ay an opportunity for a small game
legal authority to pick up stray or be confined than the @vhirlwind can be hunt by zealous citizens. .@ ., .
wo,,,oded fefines. The ordinance would lassoed and ridden. "fn my opinion, the State of Imnois
require owners to confine theif cats, a The folly of tryiii@ to curb felin, and its local gov@ng bodies alread3r,
stricture bound to rub Tabby the wrong urges was perceived, and eloquently, have enough to do, ivithout trying to
@vay. dismissed, by the- late AdW E. Steven- cc)ntrol feline debrquerxy."
Fcrmer Dele.-a@e Harry Davis, who son ivhen he was Governor of Elinois. It could be that Vi@ Beach, by
lias seen the Gereral Assembly scrub Tn Aprfl 1949 lllr. Stevenson v-toed a ril-id enforrement. can demonstr.ate
tomcat laws as unenforceable, cau- cat-control law passed by the Mnois that @Nlr. Stevenson vas wrong and that
ti,)ne,l the Counc;l that a cat doesn't Le.@islature. His slil@htlv ton@ue-in- cits can be fettefed- If so, an ordinance
l@',e a ca-e and 's tinimpressed by a c@eek veto messa-e said in part: forbiddin,- tbe Atlantic to remove sand
fTPI #7122
On motion by Counciliftaii Ferrell, secor!ded by Coui-icilman Callis,
and by recorded vote a-s follows:
Ayes: Councilpien Jolin A. Bauiq, Robert H. Callis, Jr., Mayor Robert
B. Cromwell, Jr., Vice @laycir F. Reid Ervin, Geor@e R. Ferrell Charles
Ili. Gardner, Clarence A. Holland, Garland L. Isdell, D. i%lurray @Ialbon,
,J. Curtis Payne, and Floyd E. @Vaterficid, Jr.
@4ays: None
Absent: None
City Council will hold a closed meeting on Monday, June 3, 1974, for
the purpose of discussin@ items pertqitted for discussion under Section
2.1-344, subparagrapli 6 and 7 of the Freedom of fnfortpation Act of the
Coinmonwealth of Virainia.
ll'E',\t #7123
On motion by Councilman Callis, seconded bv Councilman Ferrell, and
bv unanimous vote, the ieeting adjotirred.
T@iciiard J. I'@7 bon, City Clerk T@-(
City of Virgini@i Beach,
Vir-inia
'.lay 13, 1974