HomeMy WebLinkAboutMARCH 22, 1971 MINUTES
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MINUTES OF THE HONORABLE CITY cnUNCIL
OF THE
CITY OF VIRGINIA BEACH, VIRGINIA
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March 22, 1971
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'!he regular rreeting of the Council of the City of Virginia Beach, Virginia was
held in the Council Chaml::ers in the Administration Building, in the Borough of
Princess Arme, on Monday, March 22, 1971, at 10:00 a.m.
The invocation was given by Reverend George T.',Stallings, First Colonial Baptist
Church, Virginia Beach.
Counci1rren present: Robert H. Callis, Jr., Robert B. Crarwell, Jr., Frank A. Dusch,
F. Reid Ervin, George R. Ferrell, Clarence A. Holland, D. Murray MaJJ:on, J. Curtis
Payne, Vice Mayor Earl M. Tebault, Floyd E. Waterfield, Jr., and Mayor Ibnald H.
Rhodes .
ITEM #3010
On notion by Councilman Holland, seconded by Councilman Ferrell, and by recorded
vote as follows:
Ayes: Counci1rren Robert H. Callis, Jr., Robert B. Crrnwell, 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.
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Nays: None
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Absent: None
City Council rescinded Council action on Item #2986, an application by Wesleyan
Properties for a use penni t to construct 116 apart:rrent units, which had been
denied by Council on March 8, 1971.
ITEM #3011
On notion by Councilman Holland, seconded by Councilman Ferrell, and by recorded
vote as follCMS:
Ayes.: . Counci1rren Robert H. Callis, Jr., Robert B. Crarwell, Jr., Frank A. Dusch, F.
Reid Ervin, George R. Ferrell, Clarence A. Holland, D. Murray Mall:xm,. J. Curtis Payne,
Vice Mayor Earl M. Tebault, Floyd E. Waterfield, Jr., and Mayor Ibnald H. Rhodes.
Nays: None
Absent: None
City Council deferred Council action on the application of Wesleyan Apart:rrents for
a use pennit to construct 116 apart:rrent units for a period of ninety (90) days fram
March 22, 1971, thus according the applicant the sane consideration given other
applicants for similar i terns.
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ITEM #3012
On notion by Councilman Dusch, seconded by Councilman Ferrell, and by recorded vote
as follCMS:
Ayes: CouncilIren Robert H. Callis, Jr., Robert B. Crorrwell, Jr., Frank A. Dusch, F.
Ieid Ervin, George R. Ferrell, Clarence A. Holland, D. Murray Malban, J. CUrtis Payne,
Vice Mayor Earl 1>1. Tebault, Floyd E. Waterfield, Jr., and lv'T..ayor Donald H. Rhodes.
Nays: None
Absent: None
City Council approved the Minutes of the Regular M=eting of March 8, 1971, as arrended I
and the reading of said Minutes dispensed with inasmuch as each Councilman had a copy
of said Minutes before him.~\
ITEM #3013
On notion by Vice Mayor Tebaul t, seconded by Councilman Callis, and by recorded vote
as follCMs:
Ayes: CouncilIren Robert H. Callis, Jr., Robert B. Cr~vell, Jr., Frank A. Dusch, F.
Ieid Ervin, George R. Ferrell, Clarence A. Holland, D. Murray Malbon, J. CUrtis Payne,
Vice Mayor Earl M. Tebault, Floyd E. Waterfield, Jr., and V.ayor Ibnald H. Rhodes.
Nays: None
Absent: None
City Council approved on second reading an appropriation not to exceed $2,000 to
pursue the anti -trust suit, City of Virginia Beach vs. Arrerican Cast Iron Pipe Canpany,
,.', as requested by the City Attorney.
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ITEM 13014
On notion by Vice Mayor Tebault, seconded by Councilman Waterfield, and by recorded
vote as follCMS:
Ayes: CouncilIren Robert H. Callis, Jr., Robert B. Crcm-lell, 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: Nme
City Council approved the correction of a typographical error in Item #2948, Minutes
of the Council Meeting of February 22, 1971, correcting the low bid of A. C. Pinksta:1
Carpany frcm $38,000 to $38,800 an,d the typographical error in Item #2929, Minutes of
the Council M=eting of February 8,' 1971, changing the adoption date of the Ordinance
from 1970 to 1971.,
ITEM #3015
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Mr. (Men B. Pickett, Esquire, representing'the Tidewater Association of Hone Builders,
appeared before City Council to present a dissertion concerning the construction of
apa.rtrrents in Virginia Beach, in which certain statistics were noted indicating a
reduction in the school enrpllIrent. A copy of the article is on file in the City
Clerk's Office. .
ITEM #3016
Mr. Richard BCMie, US Anny (Retired), representing the Concerned citizens of Virginia
Beach, made a presentation before city Council in which the effect on the City of
Virginia Beach of mltiple housing together with its affect on the public schools y,7as
. cited, indicating, in their opinion, the need for certain restrictive controls. A
copy of the presentation is o.'J. file .L.'J. the City Clerk's Office.
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ITEM #3017
Mayor Rhodes, on behalf of the City of Virginia Beach, presented the follCMing P.esolution
of appreciation for public ser.vice to Patrol.nen J. Craig MsConnick and H. ~ Cobb.
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The regular meeting of the Council of the City of Virginia
Beach, Virginia, was held in the Council Chambers of the Adminis-
tration Building of the City on March 22, 1971, at 10:00 o'clock a. m.
On motion by Mr. Waterfield and seconded by Mr. Callis
the following resolution was unanimously adopted:
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RES 0 L UTI 0 N
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WHEREAS, the City of Virginia Beach has been confronted with
an increase of alarming proportions in the sale and use of illegal
drugs; and
WHEREAS, the Virginia Beach Police Department has responded
to this threat to the inhabitants of our City and assigned police
officers J. Craig McCormick and H. Tommy Cobb as undercover agents
to aid in the identification of such offenders; and
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WHEREAS, the said Patrolmen, Craig McCormick and Tommy Cobb,
accepted this assignment and successfully completed the same,
fully aware of the dangers and discomforts of assuming close
relationships with those elements typified as constituting a
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subculture of our society as known in its present form.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH:
That the Council of the City of Virginia Beach takes great
pleasure in extending its praise and sincere appreciation to
police officers Craig McCormick and Tommy Cobb for their unquestioned
bravery, heroic actions and devotion to duty to serve our citizens.
BE IT FURTHER RESOLVED, that the Clerk of the Council is
directed to spread a copy of this resolution on the minutes of
this day's meeting.
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ITEM #3018
Mayor Rhodes, on behalf of the City of Virginia Beach, presented the follCMin~i Resol rhG"'.
. of appreciation for the services of lvtr. W. pey-ton May on the virginia Beach- LynnhaVel,
MJsquito Control Ccmnission.
RESOLUTION
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WHEREAS, in the developnent of Princess Anne Co1IDty and the City of Virginia
Beach from rural areas into urban areas, many problems relating to the health of
its citizens have beCOJ.re apparent; and
WHEREAS, one of the principle problems has been the progressive elimination
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of disease-carrying nosqui toes; and
WHEREAS, in the pursuit of this activity
MR. W. PEY'ION MNl
has without rermmeration given of his ti.rre and talents serving as a member of the
Virginia Beach- Lynnhaven r-nsqui to Control Ccmnission for a period of thirty years
from July 1, 1940 through Decerrber 31, 1970.
NCM, 'I'fili!{EF()RE, in grateful recognition of his services, the City Council of
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the City of Virginia Beach does hereon approve this Resolution of Appreciation ar..d
directs~its Clerk to spread this Resolution on the Minutes of this Council.
March 22, 1971
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Mayor
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ITEM i30l9
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Application of G. J. Gulbranson by O,'len B. Pickett, Attorney, for a chaQ..SL~ of zO~~I1~_
from Residence Suburban District 3 (R-S 3) and Limited Commercial District 2 (C-L 2,:
to Multiple Family Residence District (R-M) and a U~e Permit to construct a sewaoe
pumping station and a Us~ Permit to construct 272 apar-tmentunits on certain pro~2r~.
located on the North side of Providence Road and the \~est side of \'loodstock Element::.'
School, running a distance of 848 feet along the North side of Providence Road, run-
ing a distance of 1150 feet along the Hest sid~of Hoodstock Elementary School, n:r,-,
ning .a distance of 558 feet along the Northern property line, and running a distanc~
of 1115 feet along the Western property line; sewage pumpin0 station to be located
30 feet North of Providence Road along the Hestern boundary line of Hoodstock Eler2n
tary School. (\.loodstock Elementary School Area). KEt-1PSVILLE BOROUGH.
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The Planning Commission recommends approval of this application with a modifica-
tion to reduce the overall density reqlJest from 272 to 224 apartment units. The
motion was further subject to City \'later and sevier as requested by the Health
Department and the dedication of a 15' drainage easement on the vJest and llorth
property lines and on the East property lir.e a variable \.ridth drainage easement
not to exceed 30 feet in \'lidth after additional information has been furnished
the Engineering Division.
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Mr. (Men Pickett, Attorney, appeared on behalf of the applicant.
Mr. !Dwell Fayna, representing VbXlstock Civic League, appeared in opposition to th,e
...., above application and presented petitions bearing the signatures of residents of the
area opposed to the subject application.
On notion by Councilman Ferrell, seconded by Councilman Callis, and by recorded vote
as follCMS:
Ayes: CouncilIren Robert H. Callis, Jr., George R. Ferrell, and Floyd E. Waterfield
Jr.
Nays: Counci1Iren Robert B. Crarwell, Jr., Frank A. Dusch, F. Reid Ervin, Clarence loa
Holland, D. Murray Nalbon, J. curtis Payne, Vice Mayor Earl M. Tebault, and Mayor
Donald H. Rhodes.
Absent: None
City Council disapproved the reoomnendations of the Planning ccmnission, which resul:-.
in a denial of the above application of G. J. Gulbranson for a change of zoning and a
~e penni t.
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ITEM #3020
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App'icatio~ of O~d Donatio~ Manor fo~ a Use Permit to construct 28 townhouses and
222 apartm~nt un1ts) total1ng 250 un1ts on certain property beginning at a point
725 feet more or less South of Wishart Road and 825 feet more or less East of
I~dependense Boul~vard) running a distance of 1146 feet along the Eastern property
lln~) runn1n~ a d1stance of 364.37 feet along the Southern property line and runnin"
~4d1~tance~of 1769.34 feet along the Western property line) running a distance of
(06'dh3 fe.e~ along the Northern property line. Said property contains 17.156 acres
Donat10n Manor Area). BAYSIDE BOROUGH. .
Planning Commission recommends approval of this request.
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Mr. Lee Gifford appeared on behalf of the application of Old Ibnation Manor request-
ing approval of 28 ta.>IDhouses and 222 apart:rrent units (totaling 250 units).
Mrs. Ballard appeared on behalf of the applicant.
Mr. Derring appeared on behalf of the applicant.
Mrs. Blandeen appeared on behalf of the applicant.
On notion by Councilman Holland, seconded by Councilman Dusch, and by recorded vote
as follCMS:
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Ay~s: ec;>tmci1rren Robert H. Callis, Jr., Robert B. Cronwell, Jr., Frank A. Dusch, F.
~d Ervin, George R. Ferrell, Clarence A. Holland, D. Murray Malban, J. CUrtis paynet
V~ce Mayor Earl M. Tebault, Floyd E. Waterfield, Jr., and Mayor Donald H. Rhodes.
Nays: None
Absent: None
City Council approved the above application of Old Donation Manor for a use penni t to
construct 28 ta.>IDhouses and 222 apart:rrent units (totaling 250 units), subject to City
water and sewer.
ITEM #3021
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Application of Charles J. Hayes for a change of zoning from Residenc~ Suburban District
3 (R-S 3) to r'lultiple Family Residence District (R-r.l) and a Use Permlt to constru~t .
102 to\'mhouses and 116 apartment units totaling 218 units on certain property beglnrni(i
at a point on the West side of First Colonial Road 1040 feet more or le~s North ~f
Laskin Road running a distance of 806 feet along the Eastern property 11ne of WhlCh
420 feet is the West side of First Colonial Road) running a distance of 777 feet along
the Northern property 1 i ne) runni ng a di stance of 760 feet along the ~!estern ~roperty
line and running a distance of 976 feet along the Southern property 11ne. Sa1d pro-
perty contains 13.5 acres. (Laurel r.lanor-Hi11top Area). LYNNHAVEN BOROUGH.
The Planning Comrnission recommends approval of this application subject to City \'/ater
and sewer and a dedication of right of way 45 feet from the center line of First .
Colonial Road (15-foot dedication). The developer further agreed to a 60-foot dedlca-
tion of r.label Lane as requested by the Department of Com;nunity Services. The develo[1(;(
further agreed to allocate 15% of the ~evelopment .for recreationa~ ~rea.as ~eq~ested
by the Pl anni ng Department and the motlon vias subJect to the partl Cl patlan 1 n l..he
purchase of a school site as requested by the School Board.
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Mr. Charles J. Hayes appeared on behalf of his CMn application.
en notion by Councilman Ervin, seconded by Councilman Ma.lbon, and by unanirrous vote,
City Council deferred the above application of Charles J. Hayes for a change of
zoning and a use p=>JIDit to construct 102 townhouses and 116 apart.rrent units (totalir.G
218 units) for a period of sixty (60) days.
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A~pli~ation of James ~= Standil:9 for ~ change.of zlJnin~ from General IIiJustrial .
D1strlC~ (1-':1) to t-luhlple Farrnly Res1dence D1stnct (R-3) and from One Family Resi-
dence D1stnct (R-.l) to 1"ultiple Fam'ily Residence ~istrict (R-l-1) dnd a U_,e Pet'mit to
construct 78 apartment units on certain property located on the SoutheastcOri1ffOf
12th St~eet and ~arksr:Avenue ~unning a dist~nce of 500 feet along the Northern pro-
perty l1ne of vlhlCh 3~0 feet 15 the South 51de of 12th Street, running a distClnce of
275 feet alo~g the ~astern property line of which 175 feet is the Hest side or Cypres
A~enue, runmng a d1stance of 510 feet along the Southern property line and running c:
d1stance of 215 feet along the \'lestern property line, East side of Parks Avenue. Sai
property contains 4 acres. VIRGINIA BEACH BOROUGH.
The Planning Comnission reconmrends approval of this application subject to City
\-later and.sev/er as request~d by the Health Department and site plan approval by
the Plann1ng Department pr10r to application for a building permit.
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Mr. Patrick Standing appeared on behalf of the, applicant.
Mr. Carrington, Director of City Planning, presented to Council the canpleted study
the Planning Depart:rrent was requested to make; the results of which indicated that
the Beach Borough's requirerrents for educational facilities did not coincide with the
rest of the City as it is primarily an area of hotels, m::>tels, and transient population.
On notion by Councilman Callis, seconded by Councilman Dusch, and by recorded vote as
follows :
Ayes: Councilmen Robert H. Callis, Jr., Robert B. CraTWell, 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
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City Council approved the above application of James J. Standing for a change of zoninq
and a use pennit to construct 78 apart1rEnt units, subject to City water and sewer as
re<IU=sted by the Health Depart:rrent and site plan approval by the Planning Depart:rrent
prior to awlication for a building pennit.
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ITEM #3023
Carmissioner Douglas Talbot of the Hanpton Roads Sanitation District Carmission
appeared before Council to answer any questions Council had regarding the follCMing
Resolution.
Mr. W. w. Fleming, Director of Ccmnuni ty Services, appeared before Council in favor
of the follCMing Resolution, which in his opinion would relieve the sewage situation
presently existing in certain sewer mains of the City.
On notion by Councilman Payne, seconded by, Councilman Crarwell, and by recorded vote
as follows:
Ayes: Council.rren Robert H. Callis, Jr., Robert B. Crarwell, Jr., Frank A. ~ch, ~.
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 Ibnald H. Rhodes.
Nays: None
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Absent: None
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City Council rescinded the Resolution adopted on March 8, 1971, Item #2997, relative
to the payrrent of interest on certain revenue bonds for Harrpton Roads Sanitation
District Carmission.
On notion by Councilman Payne, seconded by Councilman Crarwell, and by recorded vote
as follCMs:
Ayes: CounciJmen Robert B. Crc:mNell, Jr., F. Reid Ervin, D. Murray Malbon, J. Curtis
Payne, Vice Mayor Earl M. Tebault, Floyd E. Waterfield, Jr., and !v"..ayor Donald H. Rhode:,.
Nays: Councilm2n Robert H. Callis, Jr., Frank A. Dusch, George R. Ferrell, and Claren,::e
A. Holland.
CitY' Collilcil approved on first reading the following Resolution relative to the paYilen:
of irru:.::rest en certain rEvenue l::onds for RalLfitOJ:1 Hoads Sanitation Distric:;-'c CGr.-:;d.ssior;.
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The regul9-r meeting of the Council of the City of Virginia
Beach, Virginia, ,vas held in t~~ ~vullcil Chambers of the Adminis-
tration Building of the City of Virginia Beach on March 8, 1971,
at 2:00 P.Mo
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On motion by Mr. Payne and seconded by Mr .r.-tiUbon -" "
the following !esolution was unanimously adopted.
RES 0 L UTI 0 N
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~S, Hampton Roads Sanitation District Cowmission has a
Master plan which will provide a much needed anti-pollution service
to the City of Virginia Beach; and
lVHEREAS, such Master Plan calls for the construction of the
following trunk mains within the City of Virginia Beach: As set
forth on "Hap No.7, Hampton Roads Sanitation District COIllillission
Atlantic System Study, Alternate D, dated .January, 1971," and more
specifically described as:
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(1) 42" Birdneck Trunk Line
to Dam Neck Road.
From Laskin Road South
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(2)
42" Oceana Trunk Line -- From Intersection General
Booth Boulevard and Dam Neck Road West to Shipp's
Corner Area.
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. (3) 30" Nimmo Trunk Line -- From Dam Neck Road South to
Nimmo Church Area.
(4) 30" East Princess Anne Trunk Line -- From Nimmo Church
Area West to Court House Area.
WHEREAS, Hampton Roads Sanitation District Commission has agreed
to accelerate construction of the above-mentioned trunk lines 'Y'hich
is advantageous to the City of Virginia Beach; and
lVHEREAS, Hampton Roads Sanitation District Co~mission agrees to
· apply for maximum Federal and State aid for this project; and
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WHERBAS, Hampton Roads Sanitation District Commission agrees
that the City of Virginia Beach will receive all line fees; and
WHEREAS, Hampton Roads Sanitation District Commission further
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agrees to credit City of Virginia Beac~ toward its contribution of
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the interest payment, 70% of all revenue derived from a point one
mile from its connection with the existing Hampton Roads Sanitation
District Conmission line~
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Nmf THEREFORE, BE IT RESOLVED BY THE COUNC IL OF THE CITY OF
VIRGINIA BEACH:
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That the City of Virginia Beach will reimburse Hampton
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Roads Sanitation Comraission for the interest payments for
a period not to exceed five year$ on the bonds for the afore-
mentioned lines, excluding any amount received from federal or
state aid. However, the City of Virginia Beach's contribution
shall not exceed $300,000.
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ITEM #3024
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On notion by Councilman Ferrell, seconded by Councilman Crarwell, and by recorded VO"':J:. ~
as follCMS:
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Ayes: Counci1rren Robert H. Callis, Jr., Robert B. Crorr'Mell, 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 Ibnald H. Rhodes.
Nays: None
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Absent: None
City Council approved the follCMing Ordinance to arrend and reordain Section 2-7 of
the City Code providing for regular Iteetings of City Council.
AN ORDINANCE TO AMEND AND REORDAIN
SECTION 2-7 OF THE CODE OF THE CITY
OF VIRGINIA BEACH; PROVIDING FOR
REGULAR ~lliETINGS OF CITY COUNCIL
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA:
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Regular meetings of the council shall be held in the Adminis-
tration Building, at City Hall in the City on the first, second,
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and third Mondays atIO:OO A.M., and on the fourth Monday at 2:00
P.M., of each month, unless such date shall fall upon a legal
holiday, in which case the meeting will be held on the next suc-
ceeding day, which is not a legal holiday, and at the same hour,
except as otherwise provided by special resolution of the council.
This ordinance shall be in full force and effect upon the date
of. sdoption.
Adopted by the Council of the City of Virginia Beach, Virginia,
on the 2~d day of
March
, 1971.
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ITEM #3025
On rrotion by Council1nan Waterfield, seconded by Councilman Dusch, and by reco.':'ded
vote as follows:
Ayes: CouncilIren Robert H. Callis, Jr., Robert B. Crc::rrwell, Jr., Frank A. ~ch, F.
Reid Ervin, George R. Ferrell, Clarence A. Holland, D. Murray !vf..a1bon, J. CUrtis payne,_
Vice Mayor Earl M. Tebault, Floyd E. Waterfield, Jr., and !vf.ayor Donald H. Rhodes.
Nays: None
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Absent: None
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City Council approved the follcwing Ordinance to arrend and reordain Section 6-9.2 of
the City Code prohibiting sleeping on beaches during certain hours.
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AN ORDINANCE TO Al'IEND AND REORDAIN ,
SECTION 6-9.2 OF THE CODE OF CITY
OF VIRGINIA BEACH RELATIVE TO PRO-
HIBITING SLEEPING ON BEACHES DURING
CERTAIN HOURS.
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
It shall be unlawful for any person to sleep on
any of the beaches within the City of Virginia Beach
between the hours of 8:00 Pol1. and 8:00 A.M.
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Adopted by the Council of the City of Virginia
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Beach, ~ Virginia, on the 2~d
day of
~ch
, 1971.
ITEM #3026
Miss Ieslie Fall, Senior at Kerrpsville High School, appeared before Council in regard
to Ordinances 317, 319, and 320, questioning whether these ordinances were applicable
to all persons.
Mrs. Lany J. Bare, representing the Virginia Beach Council of Federated Wanan' s Clubs"
appeared in favor to the follCMing Ordinance.
Mr. sonny Stallings, Political Science Major at Old Dcminion Uni versi ty, appeared in
opposition to Ordinances 317, 319, and 320.
l-tr. Chaplin appeared in favor of Ordinances 317, 319, and 320.
Mr. Herbert Kramer appeared in opposition to the follCMing Ordinance.
Mr. Martin Whitman, Senior at Kerrpsville High School, appeared before Council question-'
ing whether Ordina1i.ces 317, 319, and 320 \vere applicable to all persons and not directed
mainly to youth or the so called "hippy" element.
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Mayor Rhodes assured Mr. Whitman, Miss Fall and other concerned youths that Ordinances
, 317, 319, and 320 are not intended for the ,harassrrent of any age group or sector of
society, but are for the protection of the rights of all persons in the enjoyment of
our public beaches.,
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On notion by Councilman Croriwell" seconded by CounciLllClIl Holland, and by rerorded vote
as follows:
Ayes:' Councilmen Robert H. Callis, Jr., Robert B. Cr<:.mi.Bll, Jr., Frank A. Dusch, F.
-Reid Ervin, George R. Ferrell, Clarence A. Holland, D. Murray !-1albon, J. CUrtis Payne,
Vice Mayor Earl M. Tebault, Floyd E. Waterfield, Jr., and Hayor Ibnald H. Rhcx1es.
Nays: None
Absent: None
City Council approved the folla,ving OrOinaDce conce:ming the e.'1forcerrent of ordinance::;
recrolatinq the nrese.Dce of minors lmder thp. ace of ""i'+,~~e":"'j in ryl1blic D12.ces b:::::\"ee..,,1.
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AN ORDINfu~CE CONCEPu~ING THE ENFORCEMENT
OF ORDINANCES REGULATING THE PRESENCE
OF MINORS UNDER THE AGE OF EIGHTEEN'
YEARS IN PUBLIC PLACES BETI1EEN THE HOURS
OF 12:01 A.Mo AND 5:00 A.Mo
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
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That, whenever any police or other officer charged
with the duty of enforcing the laws of the state or ordinances
of the city shall discover or has his attention called to the
fact that any minor under eighteen years of age is on any
street, road, alley, avenue, park or other public place or
in any vehicle operating or parked thereon, in the city
between the hours of 12:01 A.M. and 5:00 A.M., and that such
minor is not accompanied by his parent, guardian or other adult
person having the care, custody or control of such minor, is not
engaged in a lawful employment or going directly to the place of
such employment or returning directly to his place of residence;
or such minor does not have written permission by the parent,
guardian, or other adult person having the care, custody, or
control of such minor to attend a specified engagement or per-
formance which begins prior to midnight, and ends either after
midnight, or so close to midnight that it is impracticable for such
minor to reach his or her residence by traveling in a prudent
manner and such minor is present at such engagement or performance
or is proceeding directly to his or her place of residence upon
conclusion thereof, such officer shall make an immediate investi-
gat ion for the purpose of ascertaining whether or not the presence
of such minor on such street, road, avenue, alley, park or
other public place is in violation of the provisions of this
Code. If such investigation reveals that the presence of
such minor on such street, road, avenue, alley, park or
, ,
other public place is in violation of the provisions of
this Code, then the officer shall cause the minor to be
taken to his home or place of residence, and the minor and
''''I
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his parent, guardian or other adult person having the care,
custody or control of such minor may be summoned to appear
before the judge of the juvenile and domestic relations
court to be dealt with in accordance with the provisions
of this Code. If the officer deems that it will be for
the best interest of the minor, he may be taken to the
juvenile division of the bureau of police for further
investigation, and if from such investigation the officer
shall have cause to believe that the actions of the minor
h. I
are such as to bring the minor within the purview of the
juvenile and domestic relations court law, and if the minor
cannot contact a relative bearing a good reputation or other
person of good repute to exercise legal authority over the
child within the corporate limits of the city, through
his or the efforts of the officers of the juvenile bureau,
who will assume responsibility of the minor, then he shall
be held at the detention home of the juvenile and domestic
relations court and dealt with by the judge of the juvenile
and domestic relations court in the manner provided by law.
Should the investigation,~ however, show that the minor is
probably not. within the purview of the juvenile and domestic
relations court law, and has not violated this or any other
provision of law or ordinance, the minor shall be immediately
released from custody and returned to his home, or to the
custody of his pareqt, guardian or person having the care,
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custody or control of the minor.
This Ordinance shall be in full force and effect upon the date
of adoption.
,
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-..c.~
Adopted by the Council of the City of Virginia Beach, Virginia,
on the 22nd day of March , 1971.
.,
\
ITEM #302 7
Ch notion by Councilman Waterfield, seconded by Councilm:m Tebault, 'and by reoorded
vote as follCMS:
Ayes: Counci1rren Robert H. Callis, Jr., Fobert B. Crcmvell, 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 Ibnald H. Rhodes.
Nays: None
Absent: None
City Council approved the follCMing Ordinance to prohibit obstructing the free passage
of ot:lErs in any public place or on any private property open to the public.
,1111 I II
r' /) PI ..~
..-t' _.; : ~.~ \_~
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A1~ ORDINANCE TO PROHIBIT OBSTRUCTING
THE FREE PASSAGE OF OTHERS IN ANY
PUBLIC PLACE OR ON ANY PRIVATE
PROPERTY OPEN TO THE PUBLIC.
.' I
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
..1
That, any person or persons who in any public place or
on any private property open to the public unreasonably or
unnecessarily obstructs the free passage of other persons
to and from or within such public place or private property
and who shall fail or refuse to cease such obstruction or
move on when required to do so by the owner or lessee or
agent or employee of such owner or lessee or by a duly
authorized law enforcement officer, shall be guilty of a
misdemeanor.
.-~ I
. ,
Adopted by the Council of the City of Virginia Beach,
Virginia, on the 2~
day of
March
, 1971.
ITEM #3028
en notion by Councilman Dusch, seconded by Councilman Holland, and by recorded vote
as follCMS:
Ayes: CouncilIren Robert H. Callis, Jr., Robert B. Crorrwell, Jr., Frank A. Dusch, F.
Reid Ervin, George R. Ferrell, Clarence A. Holland, D. Murray Malbon, J. CUrtis Payne,
Vice ~..ayor Earl M. Tebault, Floyd E. Waterfield, Jr., and Mayor IX>nald H. Rhodes.
Nays: None
Absent: None
City Council approved the following Ordinance requiring registers, numbering of
rooms for hotels, notels, rooming houses, etc.
.00'1
I I
,III I "
. -
* 3~ l.
AN ORDINANCE REQUIRING REGISTERS,
NUMBERING OF ROOMS FOR HOTELS,
MOTELS, ROOMING HOUSES, ETC.
....1
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
. I
VIRGINIA:
,
'-1,.
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Section 1. DEFINITIONS.
The following words, when used-in this Ordinance, shall have
the following meanings, respectively, except in cases where the
context clearly indicates a different meaning:
Rooming house, lodging house, motel and hotel. Any house or
place of more than five bedrooms wherein transient guests are fed
or lodged for compensation.
Tourist court. Any place comprising more than five separate
houses or cottages wherein transient guests are housed or fed for
compensation.
Transient guest. One who puts up at such rooming house, lodging
. , house, tourist court, motel and hotel.
.""-1
Section 2. REGISTERS REQUIRED.
Every person conducting any rooming house, lodging house, tourist
court, motel and hotel in the city, where rooms are let, shall at
all times keep and maintain therein a guest registration, in which
shall be inscribed, with ink or indelible pencil, the name and home
address of each and every guest or person renting or occupying a
room or rooms therein. Such guest registration shall be signed by the
person renting a room, or someone by his authority, and the propri-
etor of such lodging house, rooming house, tourist court, motel and
.' I
hotel, or his agent, shall thereupon write, with ink or indelible
pencil, opposite such name so registered, the number of each room
assigned to and occupied by each such guest, together with the date
when such room is rented, and until all of the aforesaid entries
shall have been made in such guest registration, no guest shall be
suffered or permitted to occupy privately and room in such lodging
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house, rooming house, tourist court, motel and hotel. When the
occupant of each room so rented shall quit and surrender the same,
it shall be the further duty of the proprietor of such rooming house,
lodging house, tourist court, motel and hotel, or his agent, to
maintain for one year a record of the date when said room is quit
or surrendered. Such guest registra~~on or record shall be subject
to inspection at any and all reasonable times by the Director of
Public Safety or by any police officer specifically so designated
by him.
\
\
Section 3.
REGISTERING UNDER FALSE NAllli.
It shall be unlawful for any person to write, or cause to be
written, or knowingly permit to be written, in any guest registration
in any rooming house, lodging house, tourist court, motel and hotel
whatsoever in the city, any other or different name or designation
than the true name of the person registered therein, or the name by
which such person is generally known.
Section 4. NUMBERING OF ROOMS.
~
~ach sleeping room or living room unit in any rooming house,
lodging house, tourist court, motel and hotel shall be numbered or
designated in a plain, conspicuous manner. Such numbers or designation
shall be placed on the outside of the outer door of each sleeping
room or living room unit, and no two sleeping room or living room
units shall bear the same number.
Section 5. PENALTIES.
Any person who shall violate any of the provisions of this
ordinance shall be guilty of a misdemeanor.
. I Adopted by the Council of the City of Virginia Beach,
Virginia, on the 2i1d day of Harch , 1971.
III I "
I'ID1 #3029
On notion by Cou lci1ro2m Perrell, seconded by Councilman CrOTWell, and by recorded
vote as follows:
Ayes: Counci1rren Robert H. Callis, Jr., Robert B. Crarwell, Jr., Frank A. Dusch,
F. Ieid Ervin, G20rge R. Ferrell, Clarence A. Holland, D. Murray Malbon, J. CUrtis
Payne, Vice Mayor Earl M. Tebault, Floyd E. Waterfield, Jr., and Mayor Ibnald H.
Rhodes.
Nays: None
__I
Absent: None
. I City Council approved the follCMing Ordinance appointing Viewers relative to closing
a portion of Lauderdale Avenue in Bayside Borough.
ORD INANeE APPO ll'JT ING V lE':lFRS
~- ,\
\iHEREAS, Hary Jane Hall and James \'1. Hall have given due and
proper notice, in accordance with the statutes for such cases made
and provided, that they wOlud on this day apply to the City Couneil
of the City of Virginia Beach, VirGinia, for the appointment of Viewers
to view the below described property and report in writing to the
Council whether, in the opinion of said Viewers, any, and if any, what
inconvenience would result from the discontinuing of the hereinafter
described street, in ,.Bays,i..de ' Borough, of the City of Virginia Beach,
.'~"I
Virginia, and have filed such application with the said Council.
. ,
NOVi, THEREFOR....~, BE IT ORDAL'JED BY THE COUNCIL OF THr~ CITY OF
VlliGINIA BEACH, VIRGINIA:
That, Hr. Charles C. earrinoton, Mr. William W. Fleming, Jr.
and Mr. Georqe L. Hanbury, II
are hereby appointed
to view the below described property and report in writing to the
Council on or before
April 26, 1971
, whether in
th~ir opinion any, and if any, what i.."1convenience would result from the
discontinuing, closing and vacating of that certain street located in
the Borough of , Bay.side, City of Virginia Beach, Virginia, and
described as follows:
That portion of Lauderdale Avenue in the
IIIl""I
Borough of . Baysfd..e in the City of Virginia
.' I
Beach, State of Virginia, as lies bet\'I'een
La.uderdale Avenue as it nov. exists and Lot 35,
Block 18 of ChesGl~ake Park, as per plat attached.
II I
ITEM #3030
On notion by Councilman Malbon, seconded by Councilman Dusch, and by recorded vote
as follows:
Ayes: Council1ren Robert H. Callis, Jr., Robert B. Cromvell, 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
Nays: None
Absent: None
~~
City Council approved the follcwing Ordinance closing a portion of Myrtle Drive and
a portion of Maxey Drive in Lynnhaven Borough.. - .'
ORDINANCE NO.
AN ORDINANCE FOR THE ABANDONMENT
AND VACATION OF A PART OF MYRTLE
DRIVE AND A PART OF MAxEY DRIVE IN
THE CITY OF VIRGINIA BEACH, VIRGINIA
Whereas, it appearing by Affidavit that proper notice
has been given by Coastal Investment Corporation and Hado Deve10p-
ment Corporation that they would make application to the Council
.""'1
for the City of Virginia Beach on ]'mch." 22,~_
, 1971,
to have the hereinafter described streets discontinued, closed
I I
and vacated, and
Whereas, it is the judgment of the Council that said
portion of said streets be discontinued, closed and vacated,
Now, therefore,
Section I.
BE IT ORDAINED by the Council of the City of Virginia
Beach, Virginia, that Myrtle Drive be discontinued, closed and
vacated from its intersection with Greenwood Drive eastwardly
a distance of approximately 1,030.6 feet and that Maxey Drive
1"'1
be discontinued, closed and vacated from its northern most point
\, I
southward a distance of approximately 720.3 feet.
Section II.
This Ordinance shall be in effect from the date of
its passage.
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ITEM #3031
Mr. Kathennan, Attorney, appeared on behalf of the petitioners requesting a thirty
(30) day deferral of the street closure matter relative to a portion of Jade Street.
Mr. Robert C. Barker, III, Attorney, representing Mr. and Mrs. Jarvis, appeared in
opposition to the subject street closure. matter.
",,<,
Mr. Bohlander appeared in opposition to the subject street closure matter.
Mr. MacIbnald appeared in opposition to the subject street closure matter.
Mr. Elrro Anderson, Jr., representing the Lynnhaven Colony Area Civic league, appeared
in opposition to the subject street closure rnatter.
On notion by Councilman Ervin, seconded by Councilman Malbon, and by unanirrous vote,
City Council deferred for a period of thirty (30) days the proposed street closure
matter relative to closing a portion of Jade Street.
ITEM #3032
On notion by Councilman Ferrell, seconded by Councilman Holland, and by unanirrous
vote, City Council approved the following :resolution requesting the City of Norfolk
to ItEke connections and furnish water through a proposed water system, located at
Southern Firs Subdivision.
..., A RESOLUTIOP REO.tJESTING THE CITY OF r;Ofu'70LK to mal:e conn2ctions
and to ~urnish \,!ater through a prop_~)f.;ed H8 tel' sys tern, located at
. I Southern Firs Subdivision in the City of Virgi1]:ia Beac0, further
described beloH:
Whereas, it is proposed by the City of Virginia Beach,
Virginia, at the request of the Gemini Builders, Inc.,
to extend proposed Hater mains in accordance with the
existing contract bet,\'7een the City of Virginia Beach
and the City of Norfolk, in Southern Firs Subdivision,
in the street as listed belm'J:
NANE OF STREET
SIZE OF PIPE LI~~AL FEET
NillffiER OF HYDRANTS
S. Fir Court
8" 230
All as described 2nd shm-ffi on plans entitled "Site Development
Plan of SoutheLtl Firs Subdivision as prepared by Talbot, ~vermers,
...., and Standing, Ltd., Engineers, Planners and Surveyors.
li I
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III I
:~m~, THEREFORE, BE IT RESOLVED, that the City of Norfolk be and it
hereby is requested to make a connection of the proposed water mains
.-,rtlith the present mains of said City at the said designation, and upon
completion of the installation of the proposed mains, to ,supply water
,to consumers residing thereon, it being expressly understood and agreed
that the supplying of said water by the City of Norfolk shall be upon
and subject to the follmving terms and conditions:
1. That the said water mains shall be' installed in accordance
with the specifications of the said City of Norfolk and to the satis-
'. faction of the Director of Public Horks of said City, at no cost to the
City of Norfolk.
2. That the l;.later so supplied through said ~ains to consumers
shall be at the same rate now, or hereafter, charged by the City of
Norfolk to consumers beyond the limits of said City similarly situated..
3. That all ordinances of the City of Norfolk and all rules and
regulations of the Division of W~ter Supply of said City, no\V or here-
after adopted and put into effect, relating to the furnishing of water
shall apply to the supplying of water through the said proposed mains.
4. That the said City of Norfolk shall be under no obligation to'
,-, furnish more \qater than its distribution system as now laid, with the
pressure carried, will delive1-' into said mains, and if the said supplying
of water shall not be in accordance \vith the standard service, the said
City of Norfolk shall not be held responsible in any way.
5. That in supplying 't'later to consumers along the said proposed
mains, the City of Norfolk Hill supply the same only from its surplus
supply, and that in no event shall there be any obligation on the part
of said City to supply water to any consumers along the proposed mains
at any time l;'lhen, in the judgement of the Council of the said City of
Norfolk, the said City shall not have sufficient supply for use within
its corporate limits, or \vhenever the supplying of said water shall in-
terfere 'tvith the discharge of the duty of said City to supply \,mter to
i.ts Q1;"n inhabitants.
'6. That from and after the installation of the l;vater mains and
hydrants they shall be come the property of the City of Virginia Beach.
The City of Virginia Beach shall grant to the City of Norfolk the right
to use such mains and hydrants for the supply of ,:,mter, and further grants
to the City of Norfolk ready and reasonable access to them.
...., 7. That for any fire hydrant installed at the request of the City
of Virginia Beach, a rental payment of One Htmdred Dollars ($100.00) a
year for each hydrant shall be paid to the City of Norfolk.
ADOPTED BY THE COUNCIL of the City of Virginia Beach, Virginia
121'I!:a.-?- 19 1/ .
tliJ J~_d3.Y of
!If;l~f:\~/!{'l
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ITEM #3033
en notion by Councilman Ferrell, seconded by Councilman Holland, and by unaninous
vote, City Council approved the follCMing Resolution requesting the City of Norfolk
...., to make a connection and to furnish water through a proposed water system, located
at Watergate South Apartn'ent CaIplex.
fl<.j
-Form No. P.U.. 36-2a
A RESOLUTION REQUESTING THE CITY OF NORFOLK TO
MAKE A CONNECTION AND TO FURNISH WATER THROUGH A
PROPOSED WATER SYSTE1, LOCATED AT Watergate ,
South Apartment Complex IN TIlE CITY OF
VIRGINIA BEACH, FURTHER DESCRIBED BELOW:
WIlffiEAS, it ia proposed by t}1e City of Vircinia Beach, Virginia, at
the requeat of Watergate AS~OCl ates to extend d t
, a propose va er
main in accordance \lith the existing contract between the City of Vireinia
Bench and the City of NorfOlk, in Waterqate - South Apartment Complex
, in the streets listed as follovs:
Name of
atreet
Size of
FiDe
L1neo.r
leet
No. of
Kvdranta
Old Virginia Beach Boulevard
Waterfront Drive
8"
542
8"
1 ,080
1
."""1
Located in,Drives and Parking
Areas within the Development
Outside of Dedicated Streets
6"
3,404
5
a~ as described and shown on plan ent~tled, Watergate South, Sewer and Water
J,an Sheet 3 Site Plan nAn \Sheet 4)
Chewninq, Britt, Hoggar Engineers, i:~B~~R~v~r8fnia .
, , \._. '.1 ! .,\ ,I
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""\t '7'U"'"P',"'u"::J',,' 'J~r;' T',' ,:'vc;n";:-n -:'r~i J.'"" C'.'...~t' I'{' "".-<'"l\r 'h,o ~_-1 if
j''l\".'.f", J.rjr-",'~.;.. 1\.'-1" .......1 A.,": J.....,~~.LJ ~_ ,"... ,.' i. 6,.' -"~" 1 J.... '~... ..... .....'. J
hereby 1~, reque3ted to make a connection of the proposed water mains
vith the present mains of said City at the said desicnation, and upon
completion of the instnllatjon of the proposed ~~lllS, to supply vater to
. connumers re31ding thereon, it being exprensly u1der~tood and agreed
that the supplying of said vater by the City of Nor~olk shall be upon nnd
subject to the following terms and conditions: .
1. That the said vater mains shall be installed in accordance vith
the specifications of the said City of Norfolk and to the satisfaction
of the Director of Public Works of said City, at no cost to the City of
Norfolk.
,.,-,.,
2. That the vater eo supplied through said mains to consumers shall
be at the same rate now, or hereafter, charged by the City of Norfolk to
consumers beyond the limits of said City similarly situated.
3. That all ordinances of the City of Norfolk nnd all rules and
regulations of the Division of Water Supply of said City, now or hereafter
adopted and put into effect, relatinG to the furni:3hing of water shall
apply to the supplying of water through the said proposed mains.
4. That the said City of Norfolk shall be under no obligation to
iurnish more vater than its distribution system as nov laid, with the
pressure carried, viII deliver into said mains, and if. the said supplying
of vater shall not be in accordance with the standard service, the said
City of Norfolk shall not be held responsible in any way.
~"",'I
5. That in supplying water to consu~ers along the said proposed maina,
the City of Norfolk vill supply the srume only from its surplus supply, and
that in no event shall there be any obligation on the part of said City to
supply water to any consumers along the proposed mains at any time when,
in the judgement of the Council of the said City of Norfolk, the said City
shall not have sufficient supply for use within its corporate limits, or
whenever the supplying of said water shall interfere with the discharge
of the duty of said City to supply water to its own inhabitants.
6. That from and after the installation of the water mains and
hydrants they shall become the property of the City of Virginia Beach.
The City of Virginia Reach shall grant to the City of Norfolk the right
to use such mains and hydrants for the supply of water, and further grants
to the City of Norfolk ready and reasonable nccess to them.
41 i
7. That for aJ.'l:1 fire hydrant installed pt the request of the City of
Virginia Beach, a rental payment of One Hundred Dollars (S100.00) a year
tor each hydrant shall be paid to the City of Norfolk.
ADOFTED BY THE COUNCIL of the City 0_( Yirgipia Beach, Virginia this
"t.J. AI I day of Zll1!-n:-d.- - , 19 1/ .
APPROVED:
\,.,.. t......
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~U# J/7df4~
,_ _~.,.;_ _~,) '_}~J._._.
,0"1 ATTESTEI
. Rl"dtnlcfc>u
Clerk of the Council
i1
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III I ,II
'of.
,,'
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ITEM #3034
, I
On notion by Councilman Ferrell, seconded by Councilman Holland, and by unaninous
vote, City Council approved the follCMing Resolution requesting the City of Norfolk
to make a connection and to furnish water through a proposed water system located at:
the Atlantis Aparbrents, Lynnhaven Borough.
'-1
}. R.ESOLU'fI;)N :R?,QU.ES'I'n~G rrliE CITY OF ]:i'ORFOL...T< TO
MAKE ,~ CONI;;,"i:C1' IO:;:~ ~n'jO TD FVmnSH ~"i2 T8R THROUGH A
PROK('r~ED 1;T!.,'2EH ;:;: 'i.STE>l , LOCATED AT
THE ATLANTIS
AP~B:~~~'I'_~_!~:r:,_~~_~ BOROUq!!____~_~~~~,
IN '1'fG~ CI'I'Y OF ilIkGr~\:L!_'I BEACB:o FUR'IID;R DESCRIBED
BEllm'J:;
WHEREZ:~S, It is pro~>osed by the City of Virginia Beach, Virginia, at
the requ.est of -.!.l1~_!l_~._ISe~~ey_g~E-,:EL___.
to extend a propo22d water main in accordance with the existing contract
between the City of 'J'irginia I1e2ch zmd the City of Norfolk, in The
ftt~is....!:Ear_tme!l~.~_bXE.nha v~E~o~_,?~~___
in the stre-ets listed ClE;, fo1].o;'JS g
-'
Name of Size of LineCll Noo of
str.eet =.__?.i~~__. Feet Hydrants
<<-1
~tlantis Drive 8" 1,180 2
. ,
Hope Avenue 6" 18
Beach Towne Drive 6" 267
8" 43
all as described and sho\'ln on pli'.m entitled ~Ii.~ite DeJlSl~tQR.I~tenL__
Plan - TBe Atlantis (Apartments)
... -. --'--"'--'-"--"'~---~-'--'''''------------------ --~ . ,
as prepared by ila~3h and Bclsgier, Consulting Engineers - Surveyors,
.E~te9 J\.ll'y 15, 1~29--___~~__
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,1111 I II
!~C);'iii ~;'Ld~~-(E::!'~'::j.7~1 3E I}' F..,:~~'~~ I:.l'~~;D~ t', :~:: t:l~.'~"' ~~..tj' :;\_ ~.l,-:{"-~.,"_)l.k ~:p ~n(~ i~
h€rf~JY is, reqtisstGd to rn~~~ 2
wit.t) th,:" 2,:eSerlt ::Jdl.IJS of s-3i'S
cO!Gplc"t t,c..'t1 0 f t.ile ]_7'1 r; t~ 111~J -i: i() I)
c. C~~;:i e ct j. c: ':";
~ ... ~.'
o ~~ :: 11. .:~ p-c.~, ;-<).:;~: c',.' -= L~~:: ri.. "7"~ .1 (~ S
::"it~/ at.:. ~;J-r-C~ :'.::~~.;_;J. des~i_S::-;2!ti:)ti,. and 'i.~f;::;I,-
elf: the f-:ropo.s,~'.d ~\~airl:~~; to ~3t~?~:--1:{ ~\l,~~tEr
to C0113umcxs x0siji.ng t}le~eon, i~ being expr2G?ly ul-1derstood 8Ild agreed
that t~e FDDclvino of said water ~~ the ~itv of No~folk sh~ll cs upon
" ...........i. ':J ... -'( ,,.
and su.).j,~ct: to U;;;:: f.ollo\.;iB':] ter.mt1 and ::onditjo';l.S~
1. 'I"nat the said '"vater mains sh<311 De installed in a'::;::~)rd;,3l.ice \\lith
the speciL..cations of the said Cit:t of l'}m:ion~ ,2nd 'co the ~~,::1tisff!ct.ion
of the Din::c'tor of ~,,'uDlic YJo:r.ks of sa id Ci t.y r i.l t no cost [:0 t1v~ .ci.ty of
...,
Nor folk. 0
. I
20
be at the
consumers
Tha't the w8t:er GO supplied through sair.'! f:l2iins to consumers sh;;;11
same rat'? nmJ" or hG;t:'e3ft.p;r.,' d1?JXg\:!c! DY L",f;" City of Norfolk t:o
beyond t:1e limits of said City simil:.::cly SitU;Olb2:dc
-,'
,
3. 'l'h?Jt .~11 ordinancc8 0:( tht:> City of No;:LoB::.nd :all :ellle;:;, end
regula tions of the Division of ~ia;:er Supply of fW id ':::ity f r.ow or here-
after adopted and put into effect f re:!..Bting to t.h(~ O(tlrnis~, ing of ~.;!a tel'
sha 11 applv to the suppJ. ving of W3 ter throuoh tr,8' S~C i.d 0:: 0pos'..~d 1:1:.4 ins 0
._~ _ J _ \ .....'
\
4. That the said City of ~o~~olk sh~11 De un~cr no obligation to
furnish more water than its distribution systc~ as now laid, with the
pressure carried, ~ill deliver into said mains. and if the 8a~d supplyjn~
of water shall not be in accordanc~ with the st~~d~rd serVlce, the said
City of Norfolk sh~ll not De held responsiole i~ any wayo
50 That in supplying water to f'~onsum8rs along th.e sai.d proposed
mains, the :ity or Norfolk will supply the Sdffie onl~ from its surplus
supply, and ,that in no event shall there be any oblig3tion on the part ot
said City to supplj' w;,;ter to any ~onsumers aloflg tb~ p_t:'opoB.~d l'iiJ1j.ns at
'-1 any time hhen, in t.he juc1gmnent. of the "'~ouncil ot .th.,~ edid'~ity of '~ortJlk,
the said City shall not have sufficient supply Eor use within its corporate
if I lirnit.s. or wherlev'3L' th,e suppl~{ing of s.:!id yratf:r sh.~J..l intcxf~:(,e witr1 t.;.he
disch~rge of the duty of said City to supply wdter tD its m.m inh.1bitant.sn
60 That from and after the installation of. thc.:~ '.;)t€r 1,\1i.iins ;,md
bydt:antn they sh;~ll Deco:ne the property of th'2 ::ity Gi~ Vil..'(jinL:: ;'"3122ch,
The city of Virginia 3each shall gr3nt to the city ot ~oxfolk the right
to use such mains and hydrants for \:'~ supply of watsr, and further grants
to the City of ~orfolk ready and reasonable aCC~S5 to them.
70
Virg inia
for each
Th~t for ~ny fire hydrant installed at the request of the City of
B€'3ch,i:1 "Cental p3YTnent, oi One Hundn~d DolL~r;'3 '-:;100000) ,,3 year
bydranc a~all be paid to the City of ~0rfolkc
ADO.PTED BY rr~lX:Cm.;'CIL of the city of. Virc3~,nJ.d Heilchc VirginiE:J this
_qf!..~_&;:L d~y of ____'LPLf;'~:__.o____~_, _____<' 19.7Z._<
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I I
ITEM #3035
ML. Joseph Lawler, Attorney, representing the Virginia Beach Sun Corporation, set
forth specific reasons the legal advertising of the City of Virginia Beach should
remain in the subject newspaper.
_MOot'>
Mr. Sam Houston, Sr., representing the Council of Civic Organizations, appeared
before Council with the suggestion that the legal advertising of the City of Virginia
Beach be placed in the Beacon, a publication of the Landmark Corporation, in that he
felt a wider distribution of legal notices could be made available to the public
through this newspaper.
eouncilrPan Waterfield made a notion, which was seconded by Councilman Dusch, that
the legal advertising of the City of Virginia Beach remain in the Virginia Beach Sun.
Councilman Cronwell made a substitute notion, which was seconded by Councilman Payne,
that the matter regarding the City's legal advertisjng in the future be deferred 1mb I
such tine as the City Attorney can bring suit into Circuit Court for a judicial
decision on the legality of publishing legal notices in the Beacon.
The substitute notion is by recorded vote as follCMS:
Ayes: CounciJ.rren Robert H. Callis, Jr., Robert B. Crc:ro.vell, Jr., Frank A. Dusch, F.
Reid Ervin, D. Murray Malbon, J. CUrtis Payne, Vice Mayor Earl M. Tebault, and Mayor
Donald H. Rhodes.
Nays: Counci1.rren George R. Ferrell, Clarence A. Holland, and Floyd E. Waterfield, Jr.
Absent: None
,,'-1
City Council accepted the substitute notion for deferral in lieu of the original
notion made by Councilman Waterfield to retain legal advertising in the Virginia
Beach Sun._
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en notion by Councilman Crarwell, seconded by CouncilrPan Payne, and by recorded vob=
as follCMS:
Ayes: Counci1.rren Robert H. Callis, Jr., Robert B. C:ronwell, Jr., Frank A. Dusch, F.
Reid Ervin, George R. Ferrell, Clarence A. Holland, D. Murray Malbon, J. CUrtis PaYlm,
Vice Mayor Earl M. Tebault, Floyd E. Waterfield, Jr., and Mayor Donald H. Rhodes.
Nays: None
Absent: None
City Council deferred the matter regarding the city's legal advertising in the futurl?
until such tirre as the City Attorney, Mr. Dale Bimson, can bring suit into Circuit
Court for a judicial decision on the legality of publishing legal notices in the
Beacon.
ITEM #3036
On notion by Councilman Payne, seoonded by Councilman Crartwell, and by recorded votE
as follows:
'....1
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Ayes: Counci1rren Robert H. Callis, Jr., 'Robert B. CrOTWell, Jr., Frank A. Dusch,
F. Reid Ervin, Clarence A. Holland, J. CUrtis Payne, vice Mayor Earl M. Tebault,
Floyd E. Waterfield, Jr., and Mayor Ibnald H. Rhodes.
Nays: Councilman George R. Ferrell.
Abstain: Counci1man D. Murray lv'T..a1bon.
Absent: !'bne
City Council approved an appropriation of $10,000, as requested by the Depart:rrent
of Corrmuni ty Services, for the spreading of dirt dug from the Seaside Canal. 'Ihis
is in keeping with the contract signed by the City in 1969.
II I
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ITEM #3037
On notion by Councilman Cronwell, seconded by Councilman Dusch, and by recorded vote
as follows:
...,.
Ayes: CouncilIren Robert H. Callis, Jr., Robert B. Crarwell, Jr., Frank A. Dusch, F.
Reid Ervin, George R. Ferrell, Clarence A. Holland, D. Murray Malban, J. CUrtis Payne:,
Vice Mayor Earl M. Tebault, Floyd E. Waterfield, Jr., and Mayor Donald H. Rhodes.
Nays: None
Absent: None
.~,
City Council approved a loan of $395,000.00 as requested by the School Board, for the
purchase of irrproved land for a high school site located in the Bayside Eorough. 'This
sum represents approximately $7,150 per acre cost for land, and approximately $1,977
per acre cost for construction of roads, sewer and water facilities, and approximately
$2,500 for engineering and legal fees.
ITEM #3038
'1he tax equalization Ordinances were deferred for further study.
ITf11 #3039
en notion by Councilman Holland, seconded by Councilman Crcmwell, and by recorded
vote as follows:
'-""'1
Ayes: Councilrren Robert H. Callis, Jr., Robert B. C:r:orrwell, 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 Ibnald H. Rhodes.
. I
Nays: None
Absent: None
City Council app:>inted Mrs. Lillian Bibla to the Library Board for a term of three (3;
years expiring March 31, 1974, reapp:>inted !>'Irs. rettie Ibzier and Mrs. Frank H. Burns
to the Library Board for te:rrns of three (3) years expiring .r-1arch 31, 1974, and
reappointed Ordr. Ralph Hoskins to the Library Board for a tenn of three (3) years
expiring ~canber 31, 1974.
ITf11 413040
On notion by Councilman Waterfield, secx:mded by Councilman Dusch, and by recorded
vote as follows:
Ayes: Counci1rren Robert H. Callis, Jr., Robert B. crorrwell, 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 Ibnald H.
Rhodes.
''''''1
Nays: N::>ne
. ,
Absent: N::>ne
City Council reappointed Honorable George W. Vakos, J. Frank Gallagher, Esquire,
and Stanley A. Phillips, Esquire to the Law Library Conmittee for a tenn of tM::>
(2) years expiring January 31, 1973.
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ITEM #3041
The appointIrent of Mr. W. w. Fleming, Jr. to replace Mr. Charles S. Kiley on the
Southeastern Virginia Planning District Camu.ssion--Transportation Study Technical
Carrnittee was deferred for further discussion.
ITEM #3042
'1 Mr. Johnny Strickland, Manager of the Virginia Beach pile Drivers, a Virginia Beach
Softball Team, appeared before Council requesting an appropriation to provide for
irrproverrents at the Recreation softball park at Oceana. o=cision is pending nore
infonnation reing furnished to City Council by Mr. Strickland.
ITEM #30&.3_~
The City Manager, Mr. Roger Scott, announced the pronotion of Mr. Aubrey V. Watts
to the posi lion of Director of Personnel to replace Mr . Culverhouse, who will be
leaving the City to accept a position in Lynchburg. Mr. Scott also announced the
pronotion of HI:'. Tan Giroux from Personnel Technician to Eirployee Supervisor in the
Personnel O=part:rrent.
Item #3044
On notion by Councilman Crcmvell, seoonded by Councilman Ferrell, and by recorded
vote as follCMS:
Ayes: Counci1rren Robert H. Callis, Jr., Robert B. Crorrwell, Jr., Frank A. Dusch, F.
Reid Ervin, George R. Ferrell, Clarence A. Holland, D. Murray Malbon, J. Curtis Payne,
Vice Mayor Earl M. Tebault, :E'loyd E. Waterfield, Jr., and Mayor Ibnald H. Rhodes.
'''1 Nays: None
Absent: None
< I
City Council elected to have closed meetings on April 5, 1971 and April 12, 1971
to discuss personnel and legal matters oovered under the Freedom of Infonnation
Act and called a Special M=eting for April 5, 1971 to consider regular business
and zoning matters as April 12, 1971 is a legal holiday.
ITEM #3015
On notion by COuncilman Waterfield, seconded by Councilman Dusch, and by recorded
vote as follCMS:
Ayes: CouncilIren Robert H. Callis, Jr., Frank A. Dusch, George R. Ferrell, Clarence
A. Holland, Vice !I.ayor Earl M. Tebault, and Floyd E. Waterfield, Jr.
Nays: None
Abstain: Counci1rren Robert B. Crorrwell, Jr., F. Reid Ervin, D. Murray Malbon, J.
CUrtis Payne, and Mayor Ibnald H. Rhodes.
''"I
City Council approved the following Resolution relative to the Virginia Beach Eirploye~s
Association.
RESOLUTION
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NCM, THEREFORE, BE IT RESOLVED BY THE CDUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA:
That the Council of the City of Virginia Beach goes on record as not being
opposed to the errployees of the City of Virginia Beach fonning their CMl association
and that no city employee shall be penalized by the City because he is a ITEI1ber of
this association.
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ITEM #3046
--'1
On notion by Councilman Ferrell, seconded by Councilnan C:rorrwell, and by recorded
vote as follavs:
Ayes: Counci1rren Fobert H. Callis, Jr., Robert B. Crarwell, 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 D::mald H. Rhodes.
Nays: None
~'1
Absent: None
City Council recessed the M=eting of March 22, 1971 until March 29, 1971 at 9:00 a.m.
for the presentation of the 1971-72 annual budget and other business matters.
The City Council of the City of Virginia Beach, Virginia, assenbled at City Hall
Princess Anne Station, Virginia Beach, in recessed session at 9:00 a.m., funday,
March 29, 1971.
Council.rren present: Robert H. Callis, Jr., Robert B. Crorrwell, Jr., Frank A. Dusch,
F. Reid Ervin, George R. Ferrell, Clarence A. Holland, D. Murray Ma1bon, J. CUrtis
Payne, Vice Mayor Earl M. Tebault, Floyd E. Waterfield, Jr., and Mayor Ibnald H.
Rhodes.
ITEM #3047
'"I
'llie City Manager, Mr. Roger Scott, presented to City Council the proposed 1971-72
annual budget.
Mr. V. A. Etheridge, the City Treasurer, appeared before Council on behalf of his
~part:rrent and the Ccmnissioner of Revenue, stressing the essence of tirre in approval
of the 1971-72 budget so that the respective depart:rrents can rreet the real estate
tax deadline on June 1, 1971.
ITEM #3048
Mr. Robert Whitley, appeared before City Council to present the report of the find-
ings of the ~part:rrent of Economic ~velopment regarding irrproverrents to the Rudee
Inlet property, and rea:JIT'lreI1ded an appropriation of $51,415. for bulkheading the
entire property of the virif.J1ia Capes Terrporary Marina-453 feet, laying m:x:>ring
piles, dragline work, clearing and gurbbing, having an inspector on the job, water
connections, electrical connections, 2 pipe lines, construction of eleven (11)
additional slips and starting a new parking lot.
Mr. Patrick Standing, one of the applicants for the proposed new slips, appeared
before Council requesting approval of the appropriation for irrproverrents on the
Marina and the leasing of the said slips to the qualified applicants.
....'1
Councilnan Callis made a notion, which was seconded by Councilman Ferrell, that an
appropriation be made to improve the Rudee Inlet Area for the installation of bulk-
heading, pilings, boat slips and other improvements, but not to include a new parking
lot and further requested that procedures be initiated i.rrnediately to advertise the
subject City owned property for lease or sale.
Councilman Ervin made a substitute notion, which was seconded by Councilman Crorrwell,
as follCMs:
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1. That the recarrrendations of the Department of Econani-::: Developrent be approved,
which included the appropriation of $51,415 for the previously stated inproverrentE;
to the marina (bulkheading 453 feet--entire Virginia Capes TenpOrary Marina, lay:i.rg
m::::cring piles, dragline work, clearing and grubbing, having an inspector on the :je b ,
installing two pipe lines, construction of eleven additional slips and a new park-
ing lot).
2. proceeding with the signing of leases \vi th the tenants who are qualified under thE ~
terms of the City's rules and regulations to lease slips.
3. Instructed the Depa.rt1rent of Econanic Developrrent to look into the sale or lease
of this property and report back to Council at sane future date, their findings
and reccmnendations.
Councilman Callis withdrew his original IIDtion and Councilman Ferrell withdrew his
second. -r + \
The substitute notion then becarre the min motion.
en notion by Councilman Ervin, seconded by Co\ll1cilroan 'eronwell, and by recorded
vote as follows:
Ayes: Councilrren Robert B. Crorrwell, Jr., F. Reid Ervin, Clarence A. Holland, D.
Murray Malbon, J. CUrtis Payne, Vice Mayor Earl M. Tebault, Floyd E. Waterfield, Jr.,
and Mayor lXlnald H. Rhodes.
Nays: Councilrren Robert H. Callis, Jr., Frank A. Dusch, and George R. Ferrel1.
Absent: None
. I
City Council approved an appropriation in the a:rIDunt of $51,415 for inproverrents to
be made to tiE Rudee Inlet property, which includes bulkheading 453 feet-entire
Virginia Capes Terrp:>rary Marina, laying m::::cring poles, dragline work, cleaning and
grubbing, havinc; an inspector on the job, installing two pipe lines, construction
of eleven (11) additional slips and starting a new parking lot. Approval is further
subject to proceeding with the signing of leases with the tenants who are qualified
under the terms of the City's rules and regulations to lease slips. City Council
then instructed the Depart:rrent of Economic Developrrent to look into the sale or lease
of this property and report back to Council at serre future date, their findings and
rea:mrendations.
--I
ITEM #3049
On motion by Councilman Callis, seexmded by Councilman Holland, and by recorded vote
as follows:
Ayes: Council1ren Robert H. Callis, Jr., Robert B. Cromvell, Jr., Frank A. Dusch, F.
Ieid Ervin, George R. Ferrell, Clarence A. Holland, D. Murray Malbon, J. CUrtis Payne,
Vice Mayor Earl M. Tebault, Floyd E. Waterfield, Jr., and Mayor Ibnald H. Rhodes.
Nays: None
Absent: None
. I
City Council requested the City Manager and the Depart:rrent of Economic Developrrent to
report to Council by August 1, 1971, their recomrendations regarding the sale or long
te:r:m lease of the Rudee Inlet property (the Marina and the noncontiguous site) and se't
the date of September 1, 1971, as the deadline for advertising for bids on the subject
property.
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ITEM #3050
Mr. Johnny Strickland, Manager of the Virginia Beach Pile Drivers, a Virginia Beach
Softball Team, appeared before Council requesting an appropriation in the amount of
$7,500 for inproverrents at the Recreation Softball Park at Oceana.
'-I
Mr. Frank Creasy, Public Relations Officer for the City, appeared before Council
endorsing this appropriation for inproverrent of the subject park, as the City would
accrue a great deal of advertising from publicity the softball league would receive.
On notion by Colmcilman Holland, seconded by Councilman Waterfield, and by recorded
vote as follows:
--I
Ayes: Councilrren Fobert H. Callis, Jr., Robert B. Crartwell, 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 Ibnald H. Rhodes.
Nays: None
Absent: None
City Council approved an appropriation of $7,500. for inproverrents at the Recreation
Softball Park at Oceana (such inproverrents include concession stands, press boxes,
certain maintenance on the field and a public armouncerrent system).
ITEM #3051
--I
0:1 notion by Councilman Crarwell, seconded by Councilman Holland, the recessed meetinc
adjourned.
rRi~
Richard J.
~u/
oon, City Clerk
#n:tlM ~ /A'7/cvl
Donald H. Rhodes, Mayor
City of Virginia Beach,
Virginia
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March 22, 1971 - Regular M=eting
March 29, 1971 - Recessed M=eting
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