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HomeMy WebLinkAboutMARCH 27, 1972MINUTES OF TIlE ftONORABLE OF THE CITY OF VIRGINIA BEACH, CITY COUNCIL VIRGINIA March 27, 1972 ~ 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 An~e; on Monday, March 27, 1972, at 2:00 p.m. The invocation was'given by Reverend W. Jerry Holcomb, King's Grant Baptist Church, Virginia Beach, Virginia. Councilmen present: Robert H. Callis, Jr., Robert B. Cromwell, Jr., Frank A. Dusch, F. Reid Ervin, George R. Ferrell, Clarence A. Holland, D. Murray Malbon, J. Curtis Payne, Vice Mayor Earl M. Tebault, Floyd E. Waterfield, Jr., and Mayor Donald H. Rhodes. ITEM #~1~ On motion by Councilman Dusch, seconded by Councilman Ferrell, and by recorded vote as follows: Ayes: Councilmen Robert H. Callis, Jr., Dusch, F. Reid Ervin, George R. Ferrell, F~lbon, J. Curtis Payne, Vice Mayor Earl ., and Mayor Donald H. Rhodes. Robert B. Cromwell, Jr., Frank A. Clarence A. Holland, D. Murray M. Tebault, Floyd E. Waterfield, Nays: None Absent: None City Council approved the Minutes of the Regular Meeting of March 20, 1972, and the reading of said Minutes dispensed with inasmuch as each Councilman had a copy of the subject Minutes before him. ITEM #4411 On motion by Councilman Dusch, seconded by Councilman Malbon, and by recorded vote as follows: Ayes: Councilmen Robert H. Callis, Jr., Robert B. Cromwell, Jr., Frank A. Dusch, F. Reid Ervin, George R. Ferrell, Clarence A. Holland, D. Murray Malbon, J. Curtis Payne, Vice Mayor Earl M. ]ebault, Floyd E. Waterfield, Jr., and Mayor Donald H. Rhodes. Nays: None Absent: None ( ;y Council approved a correction of the Minutes~of February 28, 1972, Item L~.4205 (amending the motion from approval to denial). ITE@t 4412 On motion by Councilman Waterfield, seconded by Councilman Dusch, and by recorded vote as follows: Ayes: Councilmen Robert H. Callis, Jr., Robert B. Cromwell, Jr., Frank A. Dusch, F. Reid Ervin, George R. Ferrell, Clarence A. Holland, D. Murray Malbon, J. Curtis Payne, Vice Mayor Earl M. Tebault, Floyd E. Waterfield, Jr., and Mayor Donald H. Rhodes. I s: None Absent: None City Council approved on second reading an appropriation in the amount of $10,000. for the Doctors' Program on Heart and Rescue to purchase radio equip- ment to be installed in the City's operating center so that the life packs, that are anticipated to be purchased through private funds, can communicate from the moving vehicle to the hospital in a life saving effort. ITEM # 4Al3 (a) On motion by Councilman Dusch, seconded by Councilman Malbon, and by recorded vote as follows: Ayes: Councilmen Robert H. Callis, Jr., Robert B. Cromwell, Jr., Frank A. Dusch, F. Reid Ervin, George R. Ferrell, Clarence A. Holland, D. Murray Malbon, J. Curtis Payne, Vice Mayor Earl M. Tebault, Floyd E. Waterfield, Jr., and Mayor Donald H. Rhodes. Nays: None sent: None ty Council adopted the following Resolution of appreciation, and Mayor Rhodes presented it to Mr. Donald French on behalf of the City Council; R E S 0 L U T I 0 N / . WliEREAS, DONALD R. FRENCH has since July 1, 1963, and until March 28, 1972, served the City of Virginia Beach, Virginia as an Account Clerk in the Highway Department, and WHEREAS, in the performance of his work DONALD R. FRENCH has demonstrated his capacity for reliability, precision and promptness and has earned the approbation of his supervisors and the good will and respect of his co-workers, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, does, as a token of appreciation for his work and skill in providing the Council Chambers with a hand woven seal of the City of Virginia Beach, present this honorarium to DONALD R. FRENCH. ITEM # 4414 (b) Mayor Rhodes acknowledged the presence of several members of the "Mayor's Youth Council'.' ITEM # $415 he Honorable Joseph Canada, State Senator from Virginia Beach and Mr. Thomas yons, representing the Innkeepers Association appeared before City Council eaqrding beach erosion. otion by Councilman Ferrell, seconded by Councilman Dusch, and by recorded ot,@ as follows: es: Councilmen Robert H. Callis, Jr., Robert B. Cromwell, Frank A. Dusch, Reid Ervin', George R. Ferrell, Clarence A. Holland, D. Murray Malbon, J. urtis Payne, Vice Mayor Earl M. Tebault, Floyd E. Waterfield, Jr., and Mayor Donald H. Rhodes. Nays: None Absent: None City Council approved an appropriation in the amount of $7,000. from the Reserve- for Contingencies to continue the City's 24-hour dredging operation at the Rudee Inlet sand trap and the depositing of subject sand upon the beaches. ITEM # 4416 Mr. MacDonald of Langley, MacDonald & Overman, consulting engineers, appeared before City Council encouraging the City to utilize the services of a commercial dredge ds a means of assuring sufficient sand deposits on the beaches for the coming tourist season and in order to protect the bulkhead under the boardwalk f m greater damage. C motion by Councilman Callis, seconded by Councilman Dusch, and by recorded vote as follows: Ayes: Councilmen Robert H. Callis, Jr., Robert B. Cromwell, Jr., Frank A. Dusch, F. Reid Ervin, George R. Ferrell' Clarence A. Holland, D. Murray Malbon, J. Curtis Payne, Vice Mayor Earl M. Tebault, Floyd E. Waterfield, Jr., and Mayor Donald H. Rhodes. Nays: None Absent: None City Council approved the letting of bids for commercial dredging to eliminate beach erosion and to replenish the sand on the beaches. The bids will be let in amounts of 100,000 cubic yards, 1SO,000 cubic yards, and 200,000 cubic yards. Designated sand source areas are as follows: Rudee Inlet Sand Trap Rudee Inlet Channel Lake Rudee Inlet Camp Pendleton Site ITEM # A2[17 Mr. Richard T. Short, Chairman of the Virginia Beach Erosion Commission appeared before City Council requesting Council's endorsement of the Commission's using truck haul as a method of sand replenishment. On motion by Councilman Ervin, seconded by Councilman Cromwell, and by recorded vote as follows: Ayes: Councilmen Robert B. Cromwell, Jr., Frank A. Dusch, F. Reid Ervin, George R. Ferrell, Clarence A. Holland, D. Murray Malbon, J. Curtis Payne, and Mayor Donald H. Rhodes. r'--rs: Councilmen Robert H. Callis, Jr., Vice Mayor Earl M. Tebault, and Floyd I Waterfield, Jr. Absent: None City Council endorsed in principal the Erosion Commission beginning a truck- haul operation for the hauling and spreading of sand on the beaches in the amount of 20,000 cubic yards during a sixty-day period. ITEM # 441A Mr. Grover Wright, Attorney, representing the Innkeepers Association and Mr Tony Pugh, representing ECONO Travel Corporation appeared before City Council @upporting the following Ordinance. On motion by Councilman Payne, seconded by Councilman Ervin, and by recorded -vote as follows: Ayes: Councilmen Robert H. Callis, Jr., Robert B. Cromwell, Jr., Frank A. Dusch, F. Reid Ervin, George R. Ferrell, Clarence A. Holland, D. Murray Malbon, J. Curtis Payne, Vice Mayor Earl M. Tebault, Floyd E. Waterfield, Jr., and Mayor Donald H. Rhodes. Nays: None @sent: None City Council adopted the following Ordinance regulating the advertising of rates charged for public lodging accomodations: ORDINANCE NO. 390 AN ORDINANCE TO AMEND AND REORDAIN CHAPTER 35A OF THE CODE OF THE CITY OF VIRGINIA BEACH, VIRGINIA, BY ADDING SECTION 35A-4.1 RELATING TO REGULATING THE ADVERTISING OF RATES CHARGED FOR PUBLIC LODGING ACCOMMODATIONS BY REQUIRING ADVERTISING WITH EQUAL PROMINENCE ADDITIONAL INFORMATION AS TO ACCOMMODATIONS FURNISHED FOR THE RATES ADVERTISED AND PROHIBITING DECEPTIVE ADVERTISING BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: Except in those instances where the same rates apply to all units, apartments and rooms in the establishment at all times, without regard to season, no person shall display or cause to be displayed in the city any sign or signs which may be seen from a public highway or street, which sign or signs include in dollars and/or cents a statement relating to the rates charged for lodging accommodations at a rooming house, lodging house, motel or hotel, unless such sign or signs include in letters and figures of similar size and prominence the following additional information: (1) The total number of units, apartments or roorns in the establishment and the actual number thereof available for immediate rental and occupancy at each rate quoted, and this information shall be revised as each unit, apartment or room is rented or otherwise re- moved from availability for immediate rental and occupancy, and when all rooms@ apartments or units at any given price have been so removed, all references to the rates quoted therefor shall be removed from display; (2) Whether the rates quoted are for single or multiple occupancy where such fact affects the rates charged; (3) The dates during which such rates are in effect where such dates affect the rates charged. The rates displayed on such sign or signs shall in each instance coincide with the rates posted in the units, apartments and rooms of the establishment and such sign or signs shall not have thereon rates for any accommodations not at that time offered to the public or any false, untrue, misleading, deceptive or fraudulent statement, representation or information relating to rates. An emergency@exists and this Ordinance shall be effective from the date of passage. Adopted by the Council of the City of Virginia Beach, Virginia, on the 27th day of March, 1972. ITEM # AA19 City Council requested that the application of Dominion Yacht Sales, Inc. for a Change of Zoning and a Use Permit be I)Iaced on the April 11, 1972, Planning Commission Docket as Item #27. ITEM # 4420 Mr. Ashton H. Pulley, Jr. appeared before City Council requesting reconsideratio of his application for a Use Permit to operate a retail shop as a subsidiary use to a hotel, which was denied on June 14, 1971. As City Council indicated that they have a I)olicy not to reconsider applications after a lapse of thirty days, Mr. Pulley was informed that he would have to ait a year from the date his application w@ts denied and reapply for the use ermit. ITEM # iA2j Application of Level Green Corporation for Char(ies of Zoninq and Use Permit on the following parcels of land located on the-Sou-th id of Indian R-iv r Road a,d East and West of Interstate 64. Parcel D: Change of zoning from Residence Duplex District 1 (R-D 1) to Multiple Family Residence District (R-M); said parcel contains 61.8 acres. Parcel E: Change of zoning from Residence Duplex District 1 (R-D 1) to Limited Commercial District 3 (C-L 3); said parcel contains 2.44 acres. Parcel E-1: Change of zoning from Limited Commercial District 2 (C-L 2) to Limited Commercial District 3 (C-L 3); said parcel contains 1.16 acres. Parcel F: Change of zoning from Residence Duolex District I (R-D 1) to Limited Commercial District 3 (C-L 3); said parcel contains 4.1 acres. Parcel G: Change of zoning from Residence Duplex District 1 (R-D 1) to Residence Suburban District 4 (R-S 4); said parcel contains 17.5 acres. Parcel H: Change of zoning from Multiple Family Pesidence District (R-M) to Residence Suburban District 4 (R-S 4); said parcel contains 14.1 acres. Plats with more detailed information are available in the Office of the Department of City Planning. (Barretts Corner, Woodhaven-Newlight Areas). KEMPSVILLE BOROUGH. The Planning Commission recommends approval of this request, subject to the following: Parcel D: Approved as requested to Multiple Family Residence District (R-M). The 50-foot buffer recommended by the Planning Department is deleted. Parcel E: Approved as requested to Limited Comniercial District 3 (C-L 3). Parcel E-1: Approved as requested to Limited Commercial District 3 (C-L 3). Parcel F: Approved as requested to Limited Conniercial District 3 (C-L 3). Parcel G: Approved as requested to Residence Suburban District 4 (R-S 4). Parcel H: Approved as requested to Residence Suburban District 4 (R-S 4). Approval is subject to City @,iater and sewer requested by the Health Department; the School Board suggests developer's particination in school site acquisition and the Engineering Division, Departnent of Comr.,unity Services requests standard site plan requirements and an entrance to College Park should be provided. The motion for approval was subject to the sti'oulation that the develo.c)er will work with the Planning staff in the final plans of the development v,,i'Lh regard to road ties and the size of the lots. Approval is further predicated on provided community services, i.e., utilities, roads, drainage, etc. as determined by the Planning Department and DeDart ent of Comrgunity Services when preliminary plans are submitted. Tfle Recrea@ion Department requests that adequate recreation land be provided. The following appeared on behalf of the applicant. Mr. Patrick Standing Mr. Rocco Lassiter Mr. John James The following appeared in opposition to the above application: Mr. Samuel Massenberg, representirig Abington Village Mrs. Cecily Macdonald, representing Riverton Civic League i motion by Councilman Ferrell, seconded b)- Councilman Waterfield, and by recorded vote as follows: Ayes: Councilmen Robert H. Callis, Jr., Robert B. Cromwell, Jr., Frank A. Dusch, George R. Ferrell, Clarence A. Holland, D. Murray Malbon, J. Curtis Payne, Vice Mayor Earl M. Tebault, Floyd E. Waterfield, Jr., and Mayor Donald H. Rhodes. Nays: Councilman F. Reid Ervin. Absent: None @City Council approved the above application of Level Green Corporation for Chan of loninr and Use Permit on the following parcels of land located 0. tg:ssu th side of In ian iver Road and East and West of Interstate 64: Parcel D: Change of zoning from Residence Duplex District 1 (R-D 1) to Multiple Family Reside@ce District (R-M); said parcel contains 61.8 acres. Parcel E: Change of zoning from Residence Duplex District 1 (R-D 1) to Limited Commercial District 3 (C-L 3); said parcel contains 2.44 acres. Parcel E-1: Change of zoning from Limited Commercial District 2 (C-L 2) to Imited Commercial District 3 (C-L 3); said parcel contains 1.16 acres. ircel F: Change of zoning from Residence Du'Dlex District 1 (R-D 1) to Limited Commercial District 3 (C-L 3); said parcel contains 4.1 acres. Parcel G: Change of zoning from Residence Duplex District 1 (R-D 1) to Residence Suburban District 4 (R-S 4); said parcel contains 17.5 acres. Parcel H: Change of zonin from Multiple Farily Residence District (R-tl) to Residence Suburban District 4 (R-S 4@; said parcel contains 14.1 acres. Approval is subject to the following: Parcel D: Approved as requested to Multiple Family Residence District (R-M)- The 50-foot buffer recommended by the Planning Department is deleted. Parcel E: Approved as requested to Limited Commercial District 3 (C-L 3). Parcel E-1: Approved as requested to Limited Commercial District 3 (C-L 3). Parcel F: Approved as requested to Limited Commercial District 3 (C-L 3). Parcel G: Approved as requested to Residence Suburban District 4 (R-S 4). Darcel H: Approved as requested to Residence Suburban District 4 (R-S 4). )proval is further subject to City water and sewer as requested by the Healtli I)epartment; subject to participation in school site acquisition as requested by the School Board; siibject to standard site plan requirements and an entrance to College Park being Tt-ovided adjacent to the church property goiiig East on Indian River Road, as @@i'Liested by the Engineering Division, Department of Cominunity Services; suL-:,cct to the stipulation tliat the developer will work with the Planning staff in tlie final plans of the (levelopment with regard to road ties and the size of the lots; and approval is further predicated on provided community services, i.c., utilities, roads, drainage, etc., as deterinined by the Planniiig Department aiid ttie Departmeiit of Community Services wlien preliminary plans are subiiiitted. Apl)rcval is subject to adequate recrea- tion land being provided, as requested by tl,.e Recreatioii Department; and approval is subject to clianging twenty-eiglit (28) acres known as the Levtin Traci, l,con Drive extended, from Nlult@iple I:r@imilv Residence District back to ITEM # AA22 Application of tbe City of Virginia Beach, Public Utilities Division, for a Use Permit to construct a pumping station on certain property beginning at a poTnf 40-0 feet more or less riorth of Linlier Drive on the florthwest corner of Winwood Drive. Said parcel is 40 feet by 40 feet. (Linlier Area). LYfiririAVEN BOROUGH. The Planning Comission recommends approval of tliis request subject to standard site plan requirements. James G. Darden appeared on behalf of the Public Utilities Division. On motion by Councilman Ervin, seconded by Councilman Malbon, and by recorded vote as follows: Ayes: Councilmen Robert H. Callis, Jr., Robert B. Cromwell, Jr., Frank A. Dusch, F. Reid Ervin, George R. Ferrell, Clarence A. Holland, D. Murray Malbon, J. Curtis Payne, Vice Mayor Earl M. Tebault, Floyd E. Waterfield, Jr., and MayoT Donald H. Rhodes. Nays: None Absent: None City Council approved the above application of the City of Virginia Beach, Public Utilities Division, Department of Community Services, for a Use Permit to construct a pumping station on certain property beginning at a point 400 feet more or less North of Linlier Drive on the Northwest corner of Winwood Drive, (Linlier Area) Lynnhaven Borough, subject to standard site plan require- ments. ITEM # 4423 Application of Carolanne Fam Civic Leaque for a Use Pemit for a swiming pool and community center on certain property beqln-nifg a-t a point 198.65 feet West of Yoder Lane and 351.91 feet North of Parliament Drive. running a distance of 216.83 feet along the Southern property line, running a distance of 445 feet along the Western property line and running a distance of 208.18 feet along the florthern property line (Norfolk and Southern Railway Right of Way) and running a distance of 445 feet along the Eastern property line. Said parcel contains 2.12 acres. (Carolanne Farms Area). KEMPSVILLE BOROUGH. The Planning Commission recommends approval of this request subject to standard site plan improvements to include 10-foot by 20-foot parkinq spaces required by the Engineering Division and in addition, natural drainage presently utilizing this site must be adequately re-routed or enclosed by the developer. Mr. L. P. Goodwin, president of Carolanne Farm Civic League, appeared on behalf of the applicant. On motion by Councilman Ferrell, seconded by Councilman Malbon, and. by recorded vote as follows: Ayes: Councilmen Robert H. Callis, Jr., Robert B. Cromwell, Jr., Frank A. Dusch, F. Reid Ervin, George R. Ferrell, Clarence A. Holland, D. Murray ilbon, J. Curtis Payne, Vice Mayor Earl M. Tebault, Floyd E. Waterfield, r., and Mayor Donald H. Rhodes. Nays: None Absent: None City Council approved the above application of Carolanne Farm Civic League for a Use Permit for swimming pool and community center on certain property be 1-nhing at a point 198.bS feet West of Yoder Lane, (Carol.anne Farms Area) Kempsville Borougli, subject to stand@ird site plan improvements to include 10-foot by 20-foot parking spaces as reqliii-ed by the Engineering Division and in addition, natural draiiiage prosentlv titilizing tliis site must be adequately re-routed or cnclosed by tlie develol)er. Approval is further subject to a temporary septic tank pending al)proval of City sewerage for pool and bath house oiily. ITE@l # 4,124 Mr. David Faulkner presented the f-ollowing Resolution to City Council on behalf of the Planning Department. On motion by Councilman Ervin, seconded by Councilman Waterfield, and by recorded vote as follows: Ayes: Councilmen Robert H. Callis, Jr., Robert B. Cromwell, Jr., Frank A. Dusch, F. Reid Ervin, George R. Ferrell, Clarence A. Holland, D. Murray Malbon, J. Curtis Payne, Vice Mayor Earl M. Tebault, Floyd E. Waterfield, Jr., and Mayor Donald H. Rhodes. ays: None Absent: None City Council approved the following Resolution conditionally approving federal- aid urban system: RESOLUTION CONDITIONALLY APPROVING FEDERAL-AID URBAN SYSTEM WHEREAS, the Federal Urban Road System for the Southeastern Virginia Area which was first approved on August 26, 1971, by the Southeastern Vir- ginia Planning District Commission as agent for its participating juris- dictions has been subjected to a further review and revision by the Federal Highway Administration; and, WHEREAS, this revision has resulted in a reduction in the original system to a pattern as depicted on a new map entitled "1971 Federal Aid Systems, Southeastern Virginia", dated February 7, 1972, by SVPDC; and, WHEREAS, the Virginia Department of Highways acting for the Federal Highway Administration of the Department of Transportation requires formal adoption of such revised system to authorize federal and state aid for such system; now therefore, BE IT RESOLVED, that the governing body of the City of Virginia Beach hereby conditionally adopts the map entitled "1971 Federal Aid Systems, Southeastern Virginia" dated February 7, 1972, by SVPDC as.the official Federal Aid Urban Systems for its jurisdi(-tion with the proviso that: (1) such a map be "interim" in nature (2) it be amended to reflect the Master Transportation Plan of the City of Virginia Beach after the City's plan has been adopted by the Southeastern Virginia Planning District Commission (3) it is understood that the 1971 Federal Aid System will be periodically (yearly) evaluated (4) that the City hereby request consideration of the inclusion of the proposed False Cape Parl@way at the earliest possible date BE IT FURTHER RESOLVED, that the Southeastern Virginia Planning District Commission be authorized, as agent for the City of Virginia Beach to condition- ally endorse said map, as part of total Southeastern Virginia Area map, to establish an official approval of a Federal Urban Road System for the South- eastern Virginia Area. Clerk a ttest: ITEM #,4A2, An Ordinance to amend and reordain Section 20-42 of the City Code relating to licenses for contractors was deferred for 1-urther consideration. ITEM # 4A)6 Mr. A. Vernon Watts, Sanitation Supe@visor, appeared on behalf of the Health Department. On motion by Councilman Ervin, seconded by Councilman Payne, and by recorded vote as follows: Ayes: Councilmen Robert 11. Callis, Jr., Robert B. Cromwell, Jr., Frank A. Dusch, F. Reid Ervin, George R. Ferrell, Clarence A. Holland, D. Murray Malbon, J. Curtis Payne, Vice Mayor Earl M. T(@bault, Floyd E. Waterfield, Jr., and Mayor Donald H. Rhodes. Nays: None Absent: None City Council approved on first reading the following Ordinance to provide regulations for the design, etc., for swimming pools and to provide for the administration and enforcement of same: ITEM # 4427 On motion by Councilman Ferrell, seconded by Councilman Waterfield, and by recorded vote as follows: Ayes: Councilmen Robert H. Callis, Jr., Robert B. Cromwell, Jr., Frank A. Dusch, F. Reid Ervin, George R. Ferrell, Clarence A. Holland, D. Murray Malbon, J. Curtis Payne, Vice Mayor Earl M. Tebault, Floyd E. Waterfield, Jr., and Mayor Donald H. Rhodes. Nays: None Absent: None ty Council adopted the following Resolution relative to establishing a mmission of the Arts and Humaniti.es to serve in an advisory capacity to @@.e City Council: The regular meeting of the Council of the City of Virginia Beach?' Virginia, was held in the Council Chambers of the Administration Building of the City on March 27, 1972, at 2:00 o'clock P.M. On motion by Mr. Ferrell and seconded by Mr. Waterfield the following resolution was unanimously adopted: R E S 0 L U T I 0 N WHEREAS, there exists an interest in the arts and humanities in the City of Virginia Beach; and WREREAS, to promote this interest and to provide a coordinating agency to best serve in a cooperative effort to secure federal and state funds for programs in the arts and humanities; and WHEREAS, to serve this purpose, the Council of the City of Virginia Beach desires to establish a Commission of the Arts and Humanities. . NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH: Section 1. That there is hereby established a Commission of the Arts and Humanities to serve in an advisory capacity to the City Council. Section 2. That said Conunission shall be composed of a delegate from each group to be served by the Conmiission plus ten at large delegates, appointed by the City Council. Section 3. Such Commission shall serve in their advisory capacity until abolished by the Council of the City of Virginia Beach. BE IT FURTHER RESOLVED, That the Virginia Beach Development Council shall serve as the coordinating agent for the City of virginia Beach until such time as the commission of the Arts and Humanities is established. ITE@l P 4,428 On motion by Councilman Malbon, seconded by Vice Mayor 1'ebault, and by recorded vote as follows: Ayes: Councilmen Robert Ii. Callis, Jr., Frank A. Dusch, F. Reid Ervin, George R. Ferrell, Clarence A. flolland, D. Murray Malbon, J. Curtis Payne, Vice Mayor Earl M. Tebault, Floyd E. Waterfield, Jr., and Mayor Donald fl. Rhodes. Nays: None kbsent: Councilman Robert B. Cromwell, Jr. ,ity Council adopted the following Resolution relative to expanding library services to the City's Jail: .The regular meeting of the Council of the City of Virginia Beach, Virginia, was held in the Council chambers of the Administration Building of the City on March 27, 1972, at 2:00 o'clock P.M. On motion by Mr. Nialbon and seconded by Mr. Tebault the following resolution was unanimously adopted: R E S 0 L U T I 0 N WHEREAS, The Crime Omnibus 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 expand library services to the city Is Jail so as to provide a constructive and meaningful use of sentence time; and WHEREAS, Such a program, designed to reduce recidivism, will cost $10,262 of which the City's inldid contribution will amount to $2,752; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH: That the City Manager is hereby authorized and. directed to cause such information or materials as may be necessary to be provided to the appropriate state agencies to permit the formulation, approval and funding of the aforementioned 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 is proportionate share of the cost of the approved program will be provided. ITEM # 4420 On motion by Vice Mayor Tebault, seconded by Councilman Dusch, and by recorded vote as follows: Ayes: Councilmen Robert H. Callis, Jr., Frank A. Dusch, F. Reid Ervin, George R. Ferrell, Clarence A. Holland, D. Murray Malbon, J. Curtis Payne, Vice Mayor Earl M. Tebault, Floyd E. Waterfield, Jr., and Mayor Donald FI. Rhodes. Nays: None .)sent: Councilman Robert B. Cromwell, Jr. City Council approved the following applications for tax refunds in the amount of $196.58: TO,. @ir. Ddle I'Iii-,ison City Attorticy t)-ite March 21, 1972 FROII: llr. V. A. Etlieri(lrc, Trcasurcr i3JECT: Al)i)lic@itioli @tor Tax Reft@ii(is: c for of tax--:; to',alinF, 196.58 d cerlified for payiiient, as set forl'fi below: - 22 - V. A. Etheridc!c. Treis:tirer Tax Type Ditc T i c k c t nti-on Name Year of Ta,- Number Paid Base aily est it-tle Theater of 71 RE 29749 1/2 '042 05-19-71. 6.15 6.15. Beach Inc. rrell., Herbert 71 RE 20784 1/2 643 05-19-,71 18.45 18.45 ti-'e Theatre of, . each Inc. t e Theater of 71 Rt 29748 1/2 641 05-19-71 12.30 12.30 . Bea@h Inc. yo,.-Ronald A. 71 PP 37782 5485 LO-29,-71 27.60 1.38 28.98 igle, ArtHur L. 72 CD 27'019 01-26-72 10.00 10.00 rphy, Floyd L. 72 CD 11041 01-10-72 10.00 10.00 xton, Grace B. 72 CD 25957 01-24-72 10.00 10.00 ore, Clarence AJr 72 CD 35201 )3-17-72.1 10.00 io.oo Afee, Gifford SA. 72 CD 5,5530 565 01-31-.721 20.00 20.00 Ilen, H. Barry 72 CD l@O@6 @i i '111-25 -71 10,001, I .1 10,00 me'Ccnst. Corp. 72 I--CD IT00614 01-17-72 io.ool 10 00 ndolph Mitchel 72 CD 'PROOOO@.2 ol-31-72 50:.70 50'70 Inc. ve nDDlicatio@nr fnlr reftitici.of A t t-z- e. 11, i ir,,i Ci[V i IC I,., I ITEM # 44@r) After considerable discussion regarding the feasibility and uniqueness of the proposed plan for the development of the Oceana West Iiidustrial Park, it was moved by Councilman Ervin, seconded by @ouncilman Nlalbon, and by recorded vote as follows: Ayes: Councilmen Frank A. Dusch, F. Reid Ervin, George R. FerTell, Clarence . Holland, D. Murray Malbon, J. Curtis Payne, Vice Mayor Earl M. Tcbault, loyd E. Waterfield, Jr., and Mayor Donald 11. Rhodes. Nays: None Abstain: Councilman Robert H. Callis, Jr. Absent: Councilman Robert B. Cromwell, Jr. City Council approved the concept of the neiv Oceana West Industrial Park as proposed by the Department of Economic Devetopment and the Industrial Development Authority. ITEM # A431 On motion by Councilman Payne, seconded by Vice Mayor Tebault, and by recorded vote as follows: Ayes: Councilmen Robert H. Callis, Jr., Fr@ink A. Dusch, F. Reid Ervin, George R. Ferrell, Clarence A. Holland, D. @lurray Malbon, J. Curtis Payne, Vice Mayor Earl M. Tebault, Floyd E. Waterfield, Jr., and Mayor Donald Ii. Rhodes. ays: None bsent: Councilman Robert B. Cromwell, Jr. City Council granted permission to Lang Construction Company to move a one story frame building, 24' x 401, from Ariristi-ong Street, Portsmouth, to a five acre parcel on Indian River Road, Rout(@ 2, Box 2333, Princess Anne Boyough. Estimated valuo after move and reiiovations, $750.00. Building is to be used for chicken house. ITEM # A43) On motion by Councilman Waterfield, seconde(t by Vice Mayor Tebault, and by recorded vote as follows: Ayes: Councilmen Robert 11. Callis, Jr., Fr@ink A. Dusch, F. Reid Ervin, George R. Ferrell, Clarence A. liolland, D. @lurray Malbon, J. Curtis Payne, Vice Mayor Earl M. Tebault, Floyd E. Waterfield, Jr., and Mayor Donald H. Rbodes. Nays: None Absent: Councilman Robert B. Cromwell, Jr. ity Council granted permission to Gene F. l'Imore and Wilfred P. Large to ove a one storv frame resideiice, 26' 321, lrom 412S Ei'lell Road, ThorOLIghgood, Bayside Borough, to Lot B, Rudoll)h Beale I)roperty, Princess Anne Road, Back Bay, Pungo Borough. Estimated value aftei, iiic)ve and renovations $16,000. Site has been approved for septic tank and well. ITE@l # 44@3-1 On motion by Councilman Ervin, seconded by Councilman Ferrell, and by recorcled vote as follows: Ayes: Councilmen Robert fi. Callis, Jr., Fr@ink A. Dusch, F. Reid Ervin, George R. Ferrell, Clarence A. liolland, D. ?,Iurray Nlalbon, J. Curtis Payne, Vice Mayor Earl M. Tebault, Floyd E. Waterfield, Jr., and Mayor Donald H. Rhodes. Nays: None Absent: Councilman Robert B. Cromwell, Jr. ity Council denied the request of Norfolk l@ederal Savings & Loan for per- ... ission to move a 1 112 story frame residence, 26' x 451, from 1756 Laskin Road, Lynnhaven Borough, to Lot 18, First Colonial Estates, Wolfsnare Road, Lynnhaven Borough. Estimated value after move and renovations, $16,000. Site has city water and sewer available. ITEM # 4,1-1-4 On motion by Councilman Ferrell, seconded by Councilman Dusch, and by recorded vote as follows: .Ayes: Councilmen Robert H. Callis, Jr., Frank A. Dusch, F. Reid Ervin, George R. Ferrell, Clarence A. Holland, D. Murray Nlalbon, J. Curtis Payne, Vice Mayor Earl M. Tebault, Floyd E. Waterfield, Jr., and Mayor Donald H. Rhodes. Nays: None Absent: Councilman Robert B. Cromwell, Jr. City Council authorized the City's independent auditor to review the City's annual financial report, as prepared by the I)irector of Finance, and certify ch report after proper review and audit of the financial records of the ty. Upon completion and certification, tliis report shall become the nual report on audit. ITEM On motion by Councilman Ferrell, secondod by Councilman Dusch, and by recorded vote as follows: Ayes: Councilmen Robert H. Callis, Jr., Frank A. Dusch, F. Reid Ervin, George R. Ferrell, Clarence A. fiolland, D. @turray Malbon, J. Curtis Payne, Vice @layor Earl M. Tebault, Floyd E. Waterficid, Jr., and Mayor Donald H. Rhodes. Nays: None Absent: Councilman Robert B. Cromwell, Jr. City Council authorized the City Manager, Nir. Roger Scott, to sign a standard sewer agrooment for Kempsville Plaza South (Providence Builders, Inc.). 1TEM # ',Ilr motion by Councilman Holland, seconded by Councilinan Dusch, and by recorded i @e as follows: Ayes: Councilmen Robert 11. Callis, Jr., Frzink A. I)usch, F. Reid Ervin, George R. Ferrell, Clarence A. flolland, 1). @lurriy Malbon, J. Curtis Ilayne Vice Mayor Earl M. Tobault, Floyd 1-1. Waterfiel.d, Jr., and @layor Donald 11. Rhodes. Nays: None Absent: Councilman Robert B. Croniwell, Jr. City Council accepted tlie low I)id of lfigh @,ind Btinn l'i,ce Service, Inc. for clcari,ng of vicaiit lots Linder Soction 17-30 ol- tlic City Code. I'fE@l N AA37 On motion by Councilman Malbon, seconded by Councilman Holland, and by recorded vote as follows: Ayes: Councilmen Robert H. Callis, Jr., Frank A. Dusch, F. Reid Ervin, George R. Ferrell, Clarence A. Holland, D. Nturray @Ialbon, J. Curtis Payne, Vice Mayor Earl M. Tebault, Floyd E. Waterfield, Jr., and Mayor Donald H. Rhodes. tys: None @osent: Councilman Robert B. Cromwell, Jr. City Council acknowledged receipt of the proposed operating budget for the City of Virginia Beach for the fiscal year 1972-73. It is noted that Council scheduled the dates of Tuesday, April 11, 1972, Wednesday, April 12, 1972, and Thursday, April 13, 1972, at 7:30 p.m. for staff briefings on the proposed operating budget of the City of Virginia Beach for the fiscal year 1972-73. ITEM # 4438 On motion by Councilman Holland, seconded by Councilmaii Ferrell, and by recorded vote as follows: I Ayes: Councilmen Robert 11. Callis, Jr., Frank A. Dusch, F. Reid Ervin, George R. Ferrell, Clarence A. Holland, D. @turray P@ialbon, J. Curtis Payne, Vice Mayor Earl M. Tebault, Floyd E. Waterfi,21d, Jr., and Mayor Donald H. Rhodes. ys None sent: Councilman Robert B. Cromwell, Jr. City Council noted its intention to hold a closed meeting on Monday, April 10, 1972, for the purpose of disctissing items permitted for discussion under the Freedom of Information Act of tlie Commonwealth of Virginia. ITEM # 4,130 On motion by Councilman Ferrell, seconded by Councilman Dusch, the meeting adjourned. Donal I e, , @layor City of Virginia Beacli, Virginia Mnrch 27, 1972