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HomeMy WebLinkAboutAUGUST 2, 1971 I MINUTES OF TifE IIONORABI,E CITY COUNCIL OF TIIE CITY OF VIRGINIA BEACII, VIRGINTA August 2, 1971 The regular meeting of the City Council of the City of Virginia Beach, Virginia is held in the Council Chambers of the Administration Building, in the )rough of Princess Anne, on Monday, August 2, 1971 at 10:00 a.m. In the absence of Roverend Richard Woodward, Virginia Beach ComTnunity Chapel, the invocation was given bv Father Michael Creedon, St. Nicholas Catholic Church, Virginia Beach, Virginia. Councilmen present: Robert H. Callis, Jr., Robert B. Cromwell, Jr., Frank A. Dusch, F. Reid Ervin, George R. Ferrell, Clarence A. Holland, D. Murray Malbon, J. Curtis Payne, Vice Mayor Earl Ni. Tebault, Floyd E. Waterfield, Jr., and Mayor Donald H. Rhodes. Councilmen absent: None ITEM #3545 On motion by Councilman DLisch, seconded by C.ouncilman Cromwell, and by recorded vote as follows: Ayes: Councilmen Robert It. Callis, Jr., Robert B. Cromwell, Jr., Frank A. Dusch, F. Reid Ervin, George R. Ferrell, Clarence A. Ilolland, D. tlurray Malbon, J. Curtis Payne, Vice Mayor Earl Nl. Tebault, Floyd E. Waterfield, Jr., and @layor Donald Ii. Rhodes. iys: None ,,asent: None City Council approved the Minutes of the Regular Meeting of July 26, 1971, and the reading of said Minutes dispensed i@ith inasmuch as each Councilman had a copy of the subject Minutes before hini. ITEM #3546 On motion by Vice Mayor Tebault, seconded b) Councilman Malbon, and by recorded vote as follows: @yes: Councilmen Robert 11. Callis, Jr., f@obert B. Cromwell, Jr., Frank A. Dusch, F. Reid Ervi.n, George R. Ferroll, ClLtrence A. @iolland, D. Murrav Malb-on, J. Curtis Payne, Vice Mayor Earl :1. Tebault, Floyd E. Waterfiled, Jr., and @layor Donald H. Rhodes. Nays: None Absent: None City Council authorized tlie correction of liem #3383 in the Minutes of City )uncil of June 14, 1971, by deletion of tll(@ phrase "...subject to the @servation of the utility easement, " wliicli was inadvertently included .iring the typing but is not recorded on th,, recording tape of the Council meeting. ITE@l #3547 On motion by Councilman Duscii, seconded by Councilriian Cromwell, and by recorded vote as follows: Ayes: Councilmen Robert Ii. Callis, Jr., Robert B. Cromwell, Jr., Frank A. Dusch, F. Reid Ervin, George R. Ferrell, Clarence A. fiolland, D. Murray Malbon, J. Curtis Payne, @'ice Mayor Earl M. Tebault, Floyd E. Waterfield, Jr., and Mayor Donald H. Rhodes. Nays: None bsent: None -ity Council approvea', on second reading, an appropriation and transfer of $39,998.10 in order to close the "Civic Center Fund" as of July 30, 1971. ITEM #3548 On motion by Councilman Ferrell, seconded by Vice Mayor Tebault, and by recorded vote as follows: Ayes: Councilmen Robert H. Callis, Jr., Robert B. Cromwell, Jr., Frank A. Dusch, F. Reid Ervin, George R. Ferrell, Clarence A. Holland, D. iNiurTay Malbon, J. Curtis Payne, Vice Mayor Earl M. Tebault, Floyd E. Waterfield, Jr., and @layor Donald H. Rhodes. Nays: None Absent: None City Council approved, on second reading, a transfer in the amount of $7S,0.00.00 from the year-end surplus of'the Highway Division to the budget for Refuse Disposal in order to balance these funds. ITEM #3549 on motion by Vice Mayor Tebault, seconded bv Councilman Cromwell, and by recorded vote as follows: Ayes: Councilmen Robert H. Callis, Jr., Rol)ert B. Cromwell, Jr., Frank A. Dusch, F. Reid Ervin, Georgo R. Ferrell, Cl;irence A. flolland, 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, on second reading, aii appropriation in the amount of $3,2S6.00 to the operating budget of Municilial Court in order to hire one additional clerical personnel. ITEM #35SO On motion by Councilman liolland, seconde(I bv Couiicilman Waterfield, and by recorded vote as follows: yes: Councilmen Robert Ii. Callis, Jr., Rol)ert B. Cromwell, Jr., Frank A. usch, F. Reid Ervin, Clareiice A. Iloll@inct, i). @%furray Nlalbon, J. Curtis @ayne, Vice Nlayor Earl M. Tobiult, Floyd Fi. Waterfield, Jr., and Mayor Donald H. lzhodes. Nays: Councilman George R. @,errell Absent: None City Council approved, on secoiid reading, a $3,SOO.00 interest-free loan rcpayable over a five (S) year peri,od to tl)(@ Virgillia Boacli Civic Cliorus. At a lator date, City Coillicil M.'IY consi(]C'r -Ii@tiigiiii,, this lo@in to aii olitriglit grant. ITEM #3551 At the request of Councilman Callis, Mr. Mastraco, representing the United Drug Abuse Commission, appeared before Council to explain what was proposed to be done in the way of establishing drtig rehabilitation facilities with the funds as requested which total $12,474.1)0. Mr. Bernard Barrow, Chairman of the Drug Focus Committee, appeared before Council to describe the Conmittee's positioll in this regard. i motion by Councilman Callis, seconded by Councilman Ervin, and by recorded )te as follows: Ayes: CouncilTnen Robert Ii. Callis, Jr., Robert B. Cromwell, Jr., Frank A. Dusch, F. Reid Ervin, Clarence A. Holland, 1). Murray Malbon, J. Curtis Payne, an, Vice Mayor'Earl M. Tebault. Nays: Councilmen George R. Ferrell, Floyd 17. Waterfield, Jr., and Nlayor Donald H. Rhodes. Absent: None Citv Council approved an appropriation in the amount of $12,474.00 to the Mental Health and Mental Retardation Services Board. ITEM #3552 On motion by Councilman Cromwell, seconded [)y Councilnian Holland, and by recorded vote as follows: Ayes: Councilmen Robert H. Callis, Jr., Rob(,rt B. Cromwell, Jr., Frank A. Dusch, F. Reid Ervin, George R. Ferrell, Clirence A. tiolland, D. Murray PIalbon, J. Curtis Payne, Vice Mayor Earl M. Tebault. T@loyd E. Waterfield, Jr., and iyor Donald H. Rhodes. iys: None Absent: None As Mr. Fleming, from the Department of Community Services, advised Council that there is no need to reserve property for a turn-around, Council approved the following Ordinance relative to the Llosing of a portion of Lauierdale Avenue in Bayside Borou@,h, subject to a reservation of a 20-foot radius at the intersection of Lauderdale and Bayview Avenues, as stipulated in the Viewers Reports. AN C?-)L4.@CE CL(@-@Il@3, DI3CO.iTL'4UI!,-, ' C',,-;tTill'i LOC,iTFL) I@@' TfiE@ O,:, Tif@ CITY (@F Vi,. WHEM@, proper notice tliat, l,'ax7 @@ane iiall and James I. Hall would make application to the Cit,,f Counci-I of the Cit@, of Virgiiiia 13each, Virginia, to have the hereinafter desc-ibed street closed, vacate,' and discontinued in the Ba,vside @-orough, City of Virginia Leach, VLrEiriia, was duly I)ostd; W4 l@--EAS, all the ovmers abutt@ said street have b(-,en notified Lhe said portion to be closed; and application cts@as made to the ,ity Pla,@ii@ Co,,ibaission Luld to the City Council and, pursuarit to the statu'@es in such cases :,,ade ari(i provided, the Council appointed Vieiiers iiho have reported to the Counci3- th-ctt no in- convenience to the public or to private i.,itividuals ,Iould result from such closiriil, vacatin-, and discontinuance; aticl it is the jud:,,eiae@1--t of tle Go,,L-icil that said street should be closed, vacatedand disconlinued. NOW, LI:@ I-2 ]@y Tiii,; COU@ICIL OF TIE, CITY OF VrtGII@ B@CH, VL-IGIIJLK: Section 1: That, tlie said street, located in the 13,orop@h of Bayside, Virginia Beach, del;cribed ziz3 foliow6, is hereby closed, vacated, and discontinued as a pubiic thoro@lhfure ),- tkie City of Vir-@@lia !3each, Virginia, said street iiot bei@ needg@d for public use aild travel: That portioi of '-auderdale @venu@@ in tlie @-@oro@h of Ba:,r5ide, in the Cit, o- @ir,,inia ieach, @-tate ,f as iies illct@v;een Lauder-dal(; i@veriue i- it no,.i exist-@ @ni @ Ls jl, 2 @O -) @J,34, and 35, L@look 18 of Cii(,supe,-ke Fark, as -er 1)@,at attac@ied. Sf@ction 2: Th@@t, thirty (30) d@iys af.er tliis date, a cofy of this L)x,,Iinaiice, certified L)y the (;lerlc, be s@re@d ut;on the public rfcords i-n tlie Clerk's Office of tli(- Circuit '@'ourt of thc, City of Vir,-,inia leach, and in- dex(,d in like r,--@qrier as a deed to larids. 1. City of Virr,inia Beach, grantor, to J.A. Shroad, grantee, that portion of Lauderdale @venue shade@i on the attached map to be recorded iierewitli, con@@iguous to lot 31, Llock 18, Chesapeake Purl-,. 2. City of Virginia Beach, granto-, to Antoinette @ers, grantee, that portion of Lauderdale @@v@ilue -haded on the attached imp to be recorde@i herewith, contizuous to lot 32, Block 18, Chesa- @-ake Park. 3. City of Vir,inia Deach, .,rantor, to C. E. '@li.1ii5 and Katherine ,rantees, tilat poi-t.icn cf Lauderdale ,venue shaded. o@a the attachcd Iup to be recordfd here,4ithIco@itiguous to 1C)ts 33 and 34, Block a8, C@iesapeake Park. 4. City of Vir.-inia !leach, gr@tor, to Ilay-,r Jane i@l and James @v'. H,,ill, graritees, tiat pcrtion of Laukierdale venue L;haded on the attiched i;@il, to be recorded here@;itl,,contiguous to lot 35, Bloclc 18, Cliesapeake I'ark. ITEM #3SS3 Oh motion by Councilman Payne, seconded by (:ouncilinan Ervin, and by recorded vote as folloiis: Ayes: Councilmen Robert H. Callis, Jr., Robert B. Cromwell, Jr., Frank A. Dusch, F. Reid Ervin, George R. Ferrell, Cl@trence A. flolland, D. Nlurray Malbon, J. Curtis Payne, Vice Mayor Earl M. Tebault, Floyd E. Waterfield, Jr., and Mayor Donald H. Rhodos. Nays: None :)sent: None City Council approved, on second reading, tlie following Ordinance to amend and reordain Section 21-5 of the.City Code pertziining to the enlargement of the Princess Anne Mosquito Control District. AN ORDINANCE TO @@MEND AND REORDAIN SECTION 21-5 OF THE CODE OF THE CITY OF VIRGINIA BEACH PERTAINING TO THE ENLARGEMENT OF THE PRINCESS ANNE MOSQUITO CONTROL DISTRICT BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Section 21-5 of the Code of the City of Virginia Beach is hereby amended and reordained by adding the following sub- section: (d) on all those lots in the subdivision of Green Run. First Reading: July 26, 1971 Second Reading: August 2, 1971 Adopted by the Council of the City of Virginia Beach, Virginia, on the 2nd day of August 1971. ITE@i #3554 On motion by Councilman Dusch, seconded by Vice Mayor Tebault, and by recorded vote as follows: Ayes: Councilmen Robert fi. Callis, Jr., Robert B. Cromwell, Jr., Frank A. Dusch, F. Reid Ervin, George R. Ferrell, Cl;irence A. flolland, D. @lutray @Ialbon, J. Curtis Payne, Vice @layor Earl @l. Tebault, Floyd E. Waterfield,Jr., and @layor Donald 11. Rhodes. @lays: None bsent: None City Council approved the following applications for tax refunds in the total amount of $327.10. l@0; 'ifi-. Dtlc, lii.iiir;oii CiLy Attc,rti,@y FR(l@l: tlr. V. A. D 1971 -@i3JECT. for T.im @Ll cfrtifit@d for 1,.iy,nerit, @,t; s,t E.rLfi L,,Io,?: A. I,.'tlicridee, Tr T.ix Z,Inrne Tick,@ll tc Year NL'mY,,@r llo P.Lid e!: Jack Htibbert 1971 6381@l 6-21-71 W,innie R. Lester 1971' 67544 4263 6-10-71 orothy S. Page .. 1971 44065 4976 6-10-71 cean Leasing Co. 1971 i-,P 43181 z@98@@ 6-10-71 6ar'L A. Turner 1971 pp 58707 Z4983 6-10-71 6.00 Isabelle Borland 197-0 PE 479.3 482 6-10-70 61.50 1/2 & 2 /2 1 i Isabelle Borland 1970 R,, 4794 1 471) 6-10-70 27.06 1/2 & / 2 Isabell-e Borland 19691 Rl- 1 4531 6-10-69 61 . 50 1/2 & 2 /21 1 Tsabelle Borland 19691 RI-I 1 l@582 480 6-10-@9 27.06 1/2 & 2 / 21 L.B.@-& E.J. Gore 19711 Pl- I 11,09 16? 6-2-71 22.38 I/ 2 f 'V(' @j, . ITEM #35SS Consideration of General Obligation Bonds authorized by the City Charter-- $2 million in general improvements and $4 million for water and sewer--was deferred for one (1) week pending discussion by City Council. ITEM #3S56 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 iNI. Tebault, Floyd E. Waterfield, Jr., and Mayor Donald H. Rhodes. Nays: None Absent: None City Council authorized the City Manager, Nly. Roger Scott, to sign a standard water agreement for the construction of a water distribution system located at Cedar Hill Development, Kempsville Borough. ITEM #3SS7 On motion by Councilman liolland, seconded b), Councilman Waterfield, and by acorded vote as foll.ows: yes: Councilmen Robert ii. Callis, Jr., Robert B. Cromwell, Jr., Frank A. Dusch, F. Reid Ervin@ George R. Ferrell, Clarence A. Holland, D. Murray Malbon, J. Curtis Pa@ne, Vice DIayor Earl M. Tebault, Floyd E. Waterfield, Jr., and Mayor Donald H. Rhodos. Nays: None Absent: None City Council approved the following Resolution requesting the City of Norfolk to make a connection and to furnish i@ater tlirough a proposed water system located on South Streamline Drive in Oceana Village. Form No. P.U.,36-2a A USOLUTIOti REQUESTIT;G TliF Cll'Y OF tIO) OLK TO MAKE A C01411EGTIO@i' LIID TO WATEP, TF[ROUGF A PROPOSED WATER SYSTE2.1, LOCATFD AT IN TIIE CITY OF VIRG@.I'N"I?A7i BHFACTI, FURTHER DESCRIBED BELOW: InIEREAS, it is proposed by the City of Virginia Beach, Virginia, at the request of 41 @ FT l@l, , to extend a proposed water main in accordance with the existing contract between the City of Virginia Beach and the City of Norfolk, in in the streets listed as follows: Name of Size of Linear No. of Street ta South Stre=line Drive 6" 4351+ One (1) all as described and sho,4n on plan entitled, ')-,7)eZooment PZan of Lots 27.28,29, 30,31,3P,4Z, 48 Ocean,7 s prep-ed by ,7ohn P. Engineers, -/ir,7inia 1,3each,Vir(7inia Form No, P.U. 36-2b ZIOW, TIIEREFORE, BE IT RF-SOLVFJ), thrt the City of @lorfolk be and it hereby is, reque3tcd to @e a conne6tion of the proposed w,,iter mains with the present mains of said City at the said desi,@ation, and upon completion of the i-nstnllation of the proposed mains, to supply water to 'consumere re.,3iding thereon, it being expressly understood nnd agreed that the supplying of said water by the City of Norfolk shau be upon and subject to the following terms and conditions: 1. That the said water mains shall be inotalled in accordance with the specifications of the said City of Norfolk and to the satisfaction of the Director of Flublic Works of said City, at no cost to the City of Norfolk. 2. That the water so supplied through said mains to consumers shall be at the same rate now, or hereafter, charged Ly the City of Norfolk to consumers beyond the limits of said City similnrly situated. ). That all ordinances of the City of Norfolk and all rules and regu-lations of the Division of Water Supply of said City, now or hereafter adopted and put into effect, relating to the furni@ihing of water shall apply to the supplying of water throueh the said proposed inains. 4. That the said City of Norfolk shall be under no obligation to furnish more water than its distribution system as now laid, with the pressure carricd, will deliver into said mains, and if the said supplying of water shall not be in accordance with the strlndard service, the said City of Norfolk shall not be held re @ nsible in any way. 5. That in supplying water to consuners along the said proposed mains, the City of Norfol-k wiU supply the same orily from its surplus supply, and that in no event shal-1 there be n-ny obligition on the part of said City to supply water to any consumers along the proposed mains at a.ny time when, :Ln the judgement of the Council of the said City of Norfolk, the said City shall not have sufficient supply fpr use within its cornorate limits, or whenever the supplying of said water shall Interfere with the discharge of the duty of said City to supply water to it-, oi@,n inhabitants. 6. That from and Rfter the installation cf the water mains and hydrants they shal.1 become the promrty of +,he City of Virgjnia Deach, The City of Virginia Reach shall grant to the City of Norfolk the right to use such mains and hydrints for the supply of water, and further grants to the City of Norfolk ready and reasonable access to them. 7. That for W fire hydrant installed Pt the rea,uest of the City of Virginia Beach, a rental payment of One liundred Dollari3 ($100.00) a year for each hydrant shall be paid to the City of Norfolk. ADOPTED BY THE COUNCIL of the Cit@f Virginia Beach, Virginia this day of 19@/ APPRCVF,D: AT-LFSTE: Cleii of th 6uncil ITEM #3558 On motion by Councilman llolland, seconded b), Councilman Dusch, and by recol-c!,.,' vote as follows: Ayes: Councilmen Robert 11. Callis, Jr., Robert B. Cromi,,ell, Jr., Frank A. Dusch, F. Reid Ervin, George R. Ferrell, Clzirence A. Ifolland, D. 1\lurrav Malbon, J. Curits Payne, Vice @layor Earl @l. Tebault, Floyd E. Waterfield,,I,., and Mayor Donald H. Rhodes. ,lays: None )sent: None City Council noted its intention to hold a closed meeting on Monday, August 1971, for the purpose of discussing items permitted for discussion under tl,.@, Freedom of"Information Act of the Commonwealth of Virginia. ITEM #3SS9 On motion by Councilman Payne, seconded by Councilman Holland, and by unanimous vote, the meeting adjourned. 6n, City lerk D@nald i4. lzhodes, Mayor u City of Virginia Beach, Virginia igust 2, 1971