DECEMBER 11, 1978
MINUTES OF THE HONORABLE CTTY COUNCIL
OF THE
CITY OF VIRGINIA BEACH, VIRCINIA
December 11, 1978
The regular meeting of the Council of the City of Vir@inia Beach,
Virginia, was called to order by Mayor Patrick L. Standing, in the
Council Chambers, in the Administration Building, on Monday,
December 11, 1978, at 1:00 p.m.
Council Members present: John A. Baum, F. Reid Ervin, George R.
Ferrell, Councilwoman Barbara M. Henley, Clarence A. Holland,
Vice Mayor J. lienry McCoy, Jr., Donald W. '4errick , Councilwoman
Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, and Mayor
Patrick L. Standing.
ITE14 #13090
Mayor Standing entertained a motion to permit Council to conduct an
Informal meeting to discuss matters for presentation by the City
Manager.
on motion by Councilman Ferrell, seconded by Councilman Riggs and
by a recorded vote as follows City Council voted to proceed into
an Informal Discussion to be followed by an Executive Session for
the purpose of discussing:
1. Discussion or consideration of employment, assignment,
appointment, promotion, demotion, salaries, discipline
or resignation of public officers, appointees or employees
of any public bod,. (Personnel Matters)
2. Discussion or consideration of the condition, acquisition
or use of real property for public purpose, or other dis-
position of publicly held property.(Acquis tion, use or
3. Consultation with legal counsel and briefing by staff
members, consultants, or attorneys pertainin-, to actual
or potential litigation, or other legal matters within
the jurisdiction of the public body. (Legal Ilatters)
Ayes: Councilmen John A. Baum, F. Reid Ervin, George R. Ferrell,
Councilwoman Barbara M. Ilenley, Clarence A. Holland, Vice Mayor J.
Henry McCoy, Jr., Donald W. Merrick, Councilwoman Meyera E. Oberndorf,
J. Curtis Payne, Roger L. Riggs, and Mayor Patrick L. Standing.
Nays: None
Absent: None
ITEM #13091
City Manager, George Hanbury, invited the City Council to review an
aerial map of Sandbridge Beach. Ile indicated that in February 1978
he had met with property owners waiting to develop certain ocean-
front properties in Sandbridge as shown on the aerial map. He in-
dicated that the parallel lines on the map shows the high water line
on the beach, the second line designating the top of the protection
dune line. Normally the dune lines nroperly locate the area on a
specific lot upon which a building may be constructed and obtain
protection from the effect of the sea on the beach which causes erosion.
In this@particular instance, there were no protective dunes in evidence.
In order to provide protection from the tidal waters, the policy had
been followed which required construction of certain approved type of
wooden-concrete bulkhead. Placirrg the building on the subject lot re-
quired an encroachment on the public right of way for the septic tank
lines, which the City Council approved in !4arch, 1.978.
The subject bulkhead was constructed by the property owner and
constitutes the only "official" approve(i bulkhead in the Sandbridge
Area.
Councilman Ervin noted that the bulkhead provided approximately
200 feet of protective area with bents at each end (Wakefield type).
It was indicated that there are deed restrictions on the lot which
require the owner to take the necessary protective measures to pro-
tect the beach from erosion. The City is in the process of adopting
a "coastal management plan" which is designed to protect the natural
sand dunes and restrict the construction of buildings to a certain
distance bebind the dune line and/or at a certain elevation above the
dune line, which as of now is the policy of the City as interpreted
by the administration. Thus, in order to build, a property owner,
in the event that no dunes or bulkheading exists, between his lot and
the sea front beach would be required to either construct a bulkhead
or provide a certain height and plant the same with vegetation to pro-
tect the dune from erosion by the sea or high winds. This is an ex-
pensive operation. In response to a question as to whether the sea
front beach is a public or private beach, the City Manager noted that
lawyers have not reached a satisfactory conclusion concerning the
question, however, the City does have a 15 foot easement from Atlantic
Avenue to the sand beach.
In 1973, according to Mrs. James W. Allen, a resident of Sandbridge
and a member of the Sandbridge Civic League, area residents endeavored
to obtain funds for the sand replenishment of the dunes as well as belp
from the U. S. Corps of Engineers who indicated tbat at that time they
did not have any immediate plans to assist the area in the matter of
beach erosion.
The area has become more densely populated with buildings now
extending down the coast. Mrs. Allen indicated tbat all the residents
are interested in preserving the protective dunes and in trying to pro-
vide some feasible means of permitting the use of ocean front property
irre@.ardless of when or by wbom it was acquired.
The interested parties have indicated that it is their intention
to present their causes to court for judicial decision regarding the
decision of the City to refuse to issue building permits unless the
requirements for protective measures are complied as stated and the re-
strictive covenants of tbe "deed restrictions" be abated.
ITEM #13092
At 2:00 p.m., City Council reconvened in the Council Chambers with
the following Members present:
John A. Baum, F. Reid Ervin, Ceorge R. Ferrell, Councilwoman Barbara
M. Henley, Clarence A. Holland, Vice Ilayor J. Henry McCoy, Jr.,
Donald W. Merrick, Councilwoman Meyera E. Oberndorf, J. Curtis Payne,
Roger L. Riggs, and Mayor Patrick L. Standing.
Council Members Absent: None
The invocation was given bv the Reverend David Tanner, Tabernacle
Methodist Church, followed by the Pledge of Allegiance.
TTEll # 13093
On motion by Councilwoman Oberndorf, seconded by Councilman Ferrell,
and by a recorded vote as follows:
Ayes: John A. Baum, F. Reid Ervin, George R. Ferrell, Councilwoman
Barbara M. Henley, Clarence A. Holland, Vice Mayor J. Henry McCoy, Jr.,
Donald W. Merrick, Councilwoman Meyera E. Oberndorf, J. Curtis Payne,
Roger L. Riggs, Mayor Patrick L. Standing.
Nays: None
Absent: None
City Council voted to defer the minutes of the regular meeting of
December 4, 1978 for one week.
ITEM #13094
Mayor Standing indicated that he had appointed a Committtee, "The
Virginia Beach Economic Base Study Committee" with the following
Members serving:
Mr. Tim Barrow, Chairman
llr. Earl Willis
Mr. Alfred Craft
Captain Danny Michaels
Mr. llerbert Smitli
Mr. Tom Lyons
Mr. Dick Cockrell
Dr. Joe Buchanan
ITEM #13095
On motion by Councilman Baum, seconded by Councilman Holland, and by
recorded vote as follows:
Ayes: Councilmen John A. Baum, F. Reid Ervin, Geor@.e R. Ferrell,
Councilwoman Barbara M. llenley, Clarence A. Holland, Vice Mayor J.
Henry McCoy, Jr., Donald W. Merrick, Councilwoman Meyera E. Oberndorf,
J. Curtis Payne, Roger L. Riggs, and Mayor Patrick L. St'anding.
Nays: None
AbF@ent: None
City Council voted to approve the following consent agenda, items 7a
through 7e; WITII THE EXCEPTION OF 7-d.
ITEM #13096
The FLllowj-ncl@ L@i.d,,; h@i,,,c, I)c-eii rec-,ci,,,od for thc@ Thcirolighcjood
Phase Onc - SE@nitar\l Faciii.ties Project:
Contract I
Vi(@o ('oi,strtic--4(l,n CO)7poration $557,101.97
Ut*@1j,"@, Iiic. 56G,280.00
A & IV Inc. 5 8 0 , 8 0 1 . 9 0
@lajoi- 'I'. Arc)@1),,@ll, Inc. 5(l@8,015.75
Sub,@r-laii C,r@a(lirig r, U'@-ii 4-ti-es, Inc. 639,186.3-0
M. E. 650,332.00
Cart(-,r-B@,]-l 745,570.0')
Cei,tr,il Inc. 8 3 0, 0 6 1 . 0 0
Engiiic.,cr's $720,000. 00
Major T. Archl-,(-!Il , ITic,-.
Vi-co Cr)nstriact:ic)n Cc)-cp@ratloi) 880,367.89
Subu):b,@n Graci-@L,,i(i r@ titi-iii-ic!s, Inc. 908, 980. I 5
A & l@ Cc)i)'@i-actc)rs, Iri(@. 1,056,489.13
r-iigiricer's Estiii@al-e $1,030,000.00
Contract III
Vaii Cie Riet Cc)@istrtic' i-oil COIT --iii $ 84,240.00
Crowdc,r 9 5 7 5 0 . 0 0
Liii@(-, Consi-,:I-,ct4i 11 1 0 2 0 0 0 . 0 0
-Iilc.
Gavc,-- Co-poratic)@-I 114,000.00
$10@,000.00
Co,,)tract IV
("o Ri@(21 $1-@6,300.(',O
1 3 6 4 0 0 . 0 0
14 7 0 0 0 . 0 0
Luke Cc)nstrticl,.J'-oi-i Cr-iiipaii,,@ 1 6 5 0 0 0 . 0 0
llajoi7 T. li,c. 1 7 7 , 4 3 1 . 0 0
On motion by Councilman Baum, seconded by Councilman Holland, and by
recorded vote as follows:
Ayes: Councilmen John A. Baum, F. Reid Ervin, George R. Ferrell,
Councilwoman Barbara M. lienley, Clarence A. Holland, Vice Mayor J.
Henry McCoy, Jr., Donald W. Merrick, Councilwoman Meyera E. Oberndorf,
J. Curtis Payne, Roger L. Riggs, and Mayor Patrick L. Standing.
Nays: None
Absent: None
City Council voted to approve the low bid of Vico Construction CorDor-
ation, in the amount of $557,101.97, for Contract T; the low bid of
Major T. Archbell, Inc., in the amount of $830,613, for contract 11;
the low bid of Van de Riet Construction Company, in the amount of
$84,240, for contract III; and the low bid of Van de Riet Construction
Company, in the amount of $136,300, for contract TV; for the Tborough-
good Phase One-Sanitary Sewera@,e Facilities project and further;
authorized the City Mana@.er to enter into the necessary agreements to
implement this project.
ITEM #13097
On motion by Councilman Baum, seconded by Councilman Holland, and
by recarded vote as follows:
Ayes: Councilmen John A. Baum, F. Reid Ervin, George R. Ferrell,
Councilwoman Barbara M. Ifenley, Clarence A. Holland, Vice Mayor J.
Henry McCoy, Jr., Donald W. Merrick, Councilwoman Mevera E. Oberndorf,
J. Curtis Payne, Roger L. Riggs, and Mayor Patrick L. Standing.
Nays: None
Absent: None
City Council voted to approve the followin@, ordinance to authorize
the acquistion of property in fee simple for right-of-way for Lands-
town Road Pump Station Suction Line and the acquisition of temporary
and permanent easements of ri@.ht-of-way, either by agreement or by
condemnation:
AN ORDINANCE TO AIJTHORIZE THE ACQUISITI(ii
OF PROPERTY IN FEE SIMPLE FOR RIGHT-OF-WAY
FOR LANDSTOWN ROAD PUMP STATION SUCTION LINE
PIID THE ACQUISITION OF TEMPORARY AND PERMA-
NENT EASEMENTS OF RIGHT-OF-WAY, EITHER BY
AGREEMENT OR BY CONDEMNATION.
WHEREAS, in the opinion of the Council of the City of Virginia
Beach, Virginia, a public necessity exists for the construction of this
important project to provide transportation and for other public purposes
for the preservation of the safety, health, peace, good order, convenience,
mrale and welfare of the people in the City of Virginia Beach.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
Section 1. That the City Attorney and/or Assistant City Attorney
is hereby authorized and directed to acquire by purchase or condemnation
pursuant to Section 15.1-236, et seq. and Section 33.1-89, et seq., Code
of Virginia of 1950, as amended, all that certain real property in fee simple
including temporary and permanent easements of right-of-way as shown on the
plans entitled, "Landstown Road Pump Station Suction Line," these plans being
on file in the office of Real Estate, Department of Public Works, Virginia
Beach, Virginia.
Section 2. That the City Attorney and/or Assistant City Attorney
is hereby authorized to make or cause to be made in behalf of the City of
Virginia Beach, to the extent that funds are available, a reasonable offer to
the owners or persons having an interest in said lands, if refused, the City
Attorney and/or Assistant City Attorney is hereby authorized to institute pro-
ceedings to condemn said property.
Section 3. That an emergency is hereby declared to exist and this
ordinance shall be in force and effect from the date of its adoption.
Adopted by the Council of the city of Virginia Beach, Virginia, on
the 11 day of December 19 7 8.
ITEM #13098
On motion by Councilman Baum, seconded by Councilman Holland, and
by recorded voted as follows:
Ayes: Councilmen John A. Baum, F. Reid Ervin, Geor@e R. Ferrell,
Councilwoman Barbara M. Henley, Clarence A. Holland, Vice Ilayor J.
Henry McCoy, Jr., Donald W. blerrick, Councilwoman Meyera E. Oberndorf,
J. Curtis Payne, Roger L. Riggs, and Playor Patrick L. Standing.
Nays: None
Absent: None
City Council voted to approve the following ordinance to amend and
reordain Section 5-7 of the Code of the City of Virginia Beach,
relating to Bird Sanctuaries:
Requested by: Vice-Mayor McCoy
AN ORDINANCE TO AMEND AND REORDAIN
SECTION 5-7 OF THE CODE OF THE CITY
OF VIRGINIA BEACH, VIRGINIA, RELATING
TO BIRD SANCTUARIES
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA:
That Section 5-7 of the Code of the City of Virginia Beach,
Virginia, is amended and reordained by adding subsection (k) as follows:
(k) The subdivision known as Green Run in Princess Anne Borough.
This ordinance shall be effective from date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia,
on the 11 day of December , 1978.
ITE@
Requested by: Vice-Mayor 'IcCoy
The regular meeting of the Council of the City of Virginia Beach,
Virginia, was held in the Council Chambers of the City of Virginia Beach
at 2 p. m. on the 11 day Of December -, 1978.
On motion by C,u,,ilm,n Baum and seconded by Co,,.cilman Holland
the following resolution was adopted:
R E S 0 L U T I 0 N
WHEREAS, the Green Run Homes Association has, since 1972, expended a
considerable amount of time and money protecting the birds and waterfowl that
live within the boundries of Green Run; and
WHEREAS, the feeding and medical attention of these birds and waterfowl
has taken place within several canals and parks within Green Run; and
WHEREAS, the recorded waterfowl population has increased from under fifty
ducks in 1973 to "well over 100" ducks in 1978; and
WHEREAS, several feeding stations have already been established within
Green Run for the feeding of birds and waterfowl with more planned for the
future; and
WHEREAS, the voluntary expenditures of the Association, for the feeding
and medical care of birds and waterfowl, has exceeded eight hundred dollars a
year in the past with a similar amount budgeted for 1979.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That the Council of the City of Virginia Beach, Virginia, takes this
opportunity to commend publicly the Green Run Homes Association for the humane
and civic minded efforts as set forth above.
BE IT FURTHER RESOLVED, that the Clerk of the Council is directed to
spread this resolution in the records of this meeting and forward a copy to
the Executive Director of the Green Run Homes Association.
ITEII #13100
',-hose appearing in favor of: Mr. Milton J. Thompson
Pam Thayer
On motion by Councilman Ervin, seconded by Councilman Payne, and
by recorded vote as follows:
Ayes: Councilmen Jolin A. Baum, F. Reid Ervin, Geor@.e R. Ferrell,
Councilwoman BarbAra M. Henley, Clarence A. Holland, Vice Mayor J.
Henry McCoy, Jr., Donald W. Merrick, J. Curtis Payne, Roger L.
Riggs, and Mayor Patrick L. Standing.
Nays: Councilman Meyera E. Oberndorf
Absent: None
City Council voted to approve the following ordinance to amend
Chapter 5, Article TTT, of the Code of the City of Virginia Beach
by adding thereto a new section 5-37.1, relating to loud and con-
tinuous barking of dogs:
ITEM #13098
on motion by Councilman Baum, seconded by Councilman Holland, and
by recorded voted as follows:
Ayes: Councilmen John A. Baum, F. Reid Ervin, Geor@.e R. Ferrell,
Councilwoman Barbara M. lienley, Clarence A. Holland, Vice Itayor J.
Henry McCoy, Jr., Donald W. Iferrick, Councilwoman Meyera E. Oberndorf,
J. Curtis Payne, Roger L. Riggs, and Ilayor Patrick L. Standing.
Nays: None
Absent: None
City Council voted to approve the following ordinance to amend and
reordain Section 5-7 of the Code of the City of Virginia Beach,
relating to Bird Sanctuaries:
Requested by: Vice-Mayor McCoy
AN ORDINANCE TO AMEND AND REORDAIN
SECTION 5-7 OF THE CODE OF THE CITY
OF VIRGINIA BEACH, VIRGINIA, RELATING
TO BIRD SANCTUARIES
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA:
That Section 5-7 of the Code of the City of Virginia Beach,
Virginia, is amended and reordained by adding subsection (k) as follows:
(k) The subdivision known as Green Run in Princess Anne Borough.
This ordinance shall be effective from date of adoptiou.
Adopted by the Council of the City of Virginia Beach, Virginia,
on the 11 day of December , 1978.
ITEM #13099
On motion by Councilman Baum, seconded by Councilman Holland, and
by recorded v.te as foll.@.:
Ayes: Councilmen John A. Baum, F. Reid Ervin, George R. Ferrell,
Councilwoman Barbara M. lienley, Clarence A. Holland, Vice Mayor J.
Henry McCoy, Jr., Donald W. Merrick, Councilwoman Ileyera E. Oberndorf,
J. Curtis Payne, Roger L. Riggs, and Mayor Patrick L. Standing.
Nays: None
Absent: None
City Council voted to adopt the following Resolution commending
the Green Run Homes Association for the humane and civic minded
efforts in protecting the birds and waterfowl that live within the
boundaries of Creen Run!
Requested by: Vice-Mayor @IcU,y
The regular meeting of the Council of the City of Virginia Beach,
Virginia, was held in the Council Chambers of the City of Virginia Beach
at 2 p. m. on the 11 day of December -, 1978.
On motion by C,u,cilman Ba,, and seconded by C,,,,ncilman Holland
the following resolution was adopted:
R E S 0 L U T I 0 N
WHEREAS, the Green Run Homes Association has, since 1972, expended a
considerable amount of time and money protecting the birds and waterfowl that
live within the boundries of Green Run; and
WHEREAS, the feeding and medical attention of these birds and waterfowl
has taken place within several canals and parks within Green Run; and
WHEREAS, the recorded waterfowl population has increased from under fifty
ducks in 1973 to "well over 100" ducks in 1978; and
WHEREAS, several feeding stations have already been established within
Green Run for the feeding of birds and waterfowl with more planned for the
future; and
WHEREAS, the voluntary expenditures of the Association, for the feeding
and medical care of birds and waterfowl, has exceeded eight hundred dollars a
year in the past with a similar amount budgeted for 1979.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That the Council of the City of Virginia Beach, Virginia, takes this
opportunity to commend publicly the Green Run Homes Association for the humane
and civic minded efforts as set forth above.
BE IT FURTHER RESOLVED, that the Clerk of the Council is directed to
spread this resolution in the records of this meeting and forward a copy to
the Executive Director of the Green Run Homes Association.
ITE14 #13100
Those appearing in favor of: Mr. Milton J. Thompson
Pam Thayer
On motion by Councilman Ervin, seconded by Councilman Payne, and
by recorded vote as follows:
Ayes: Councilmen John A. Baum, F. Reid Ervin, Geor@.e R. Ferrell,
Councilwoman BarbAra M. Henley, Clarence A. Holland, Vice Mayor J.
Henry McCoy, Jr., Donald W. Merrick, J. Curtis Pavne, Roger L.
Riggs, and Mayor Patrick L. Standing.
Nays: Councilman Meyera E. Oberndorf
Absent: None
City Council voted to approve the following ordinance to amend
Chapter 5, Article III, of the Code of the City of Virginia Beacli
by adding thereto a new section 5-37.1, relating to loud and con-
tinuous barking of dogs:
ITEM #13103
On motion by Councilman Holland, seconded by Councilman Payne,
and by recorded vote as follows:
Ayes: Councilmen John A. Baum, F. Reid Ervin, George R. Ferrell,
Councilwoman Barbara M. Henley, Clarence A. Holland, Vice Mayor J.
Henry McCoy, Jr., Donald W. Merrick, Councilwoman Meyera E. Oberndorf,
J. Curtis Payne, Roger L. Riggs and Mayor Patrick L. Standing.
Nays: None
Absent: None
City Council voted to approve tlie reappointment of 14rs. Helma Dungee
to the Southeastern Virginia Areawide Model Program (SEVAIIP) for a
two year term beginning January 1, 1979 and terminating December 31,
1980; and further, appointed Dr. Sjouland (replacing Dr. William B.
Crawford) for a two year term beginning January 1, 1979 and termina-
ting December 31, 1980.
ITEM #13104
On motion by Councilman Baum, seconded by Councilwoman Oberndorf,
and by recorded vote as follows:
Ayes: Councilmen John A. Baum, F. Reid Ervin, George R. Ferrell,
Councilwoman Barbara M. lienley, Clarence A. Holland, Vice Mayor J.
Henry McCoy, Jr., Donald W. Merrick, Councilwoman Meyera E. Oberndorf,
J. Curtis Payne, Roger L. Riggs and Mayor Patrick L. Standing.
Nays: None
Absent: None
City Council voted to approve the reappointment of Mr. David Stormont,
III, for a two year term beginning January 1, 1979 and terminating
December 31, 1980, to the Wetlands Board.
ITEM #13105
Councilman Holland nominated Mr. Hassell J. Perrell and Mr. Curtis R.
Catron to the Planning Commission.
Councilman Riggs nominated Mr. Milton T. Holland a-,Id Plr. Herman R.
Bonney to the Planning Commission.
Councilman Merrick nominated Dr. E. T. Buchanan to the Planning
Commission.
Councilwoman Henley nominated Mr. Howard Salmons to the Planning
Commission.
Mayor Standing nominated Mrs. Nancy ticclees Creech to the Planning
Commission.
THE FOLLOWING VOTE AS RECORDED FOR MR. liERMAN BONNEY:
Ayes: Councilmen John A. Baum, F. Reid Ervin, George R. Ferrell,
Clarence A. Bolland, Vice Mayor J. Henry McCoy, Jr., J. Curtis
Payne, Roger L. Riggs, and Mayor Patrick L. Standing.
Nays: Councilwoman Barbara M. Henley, Councilman Donald W. Merrick,
Councilwoman Meyera E. Oberndorf.
THE FOLLOWING VOTE AS RECORDED FOR MR. IIOWARD SALMONS:
Ayes: Councilmen F. Reid Ervin, Councilwoman Barbara M. Henley,
Donald W. Merrick, Councilwoman Oberndorf.
Nays: Counciimen John A. Baum, George R. Ferrell, Clarence A.
Holland, Vice Mayor J. Henry McCoy, Jr., J. Curtis Payne, Roger L.
Riggs, and Mayor Patrick L. Standing.
REQUESTED BY: CITY MANAGER/POLICE DEPARTMENT
AN ORDINANCE TO AMEND CHAPTER 5, ARTICLE
III, OF THE CODE OF THE CITY OF VIRGINIA
BEACH, BY ADDING THERETO A NEW SECTION
5-37.1, RELATING TO LOUD AND CONTINUOUS
BARKING OF DOGS.
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That Chapter 5, Article III, of the Code of the City of Virginia Beach,
Virginia, is hereby amended by adding thereto the following section.
Section 5-37.1. Dog; loud and continuous barking.
It shall be unalwful for any person to keep a dog without exercising
proper care and control of such dog to prevent it from disturbing the peace of
others by barking in a loud, continuous or untimely manner.
Any person, whether as owner, tenant, occupant, lessee or otherwise,
in charge or control of the property where such dog is kept, or the owner of
such dog, shall be responsible for exercising control of such dog under this
section.
It shall be the duty of any animal control officer of the bureau of
animal control or police officer, who may find any dog disturbing the peace of
others by barking in a loud, continuous or untimely manner, to advise the owner
of such dog, or the person in charge or control of the property where such dog
is kept, to exercise proper control and care of such dog to prevent it from
barking in such manner. If such owner or person refuses to cooperate with the
police officer or animal control officer, or is unable to prevent such dog from
barking in such manner, or if the animal control officer or police officer is
unable to locate any person on the property where such dog is kept, it shall be
the duty of the animal control officer or police officer to take such dog into
possession. The impoundment provisions of sections 5-30 through 5-33, inclusive,
shall be applicable to and followed by the animal control officer, bureau of
animal control and police officer upon taking any doa into possession under this
section.
The animal control officer or police officer may issue a summons to any
person he finds in violation of this section. Any person who violates the provisions
of this section shall be guilty of a class IV misdemeanor.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
11 day of December , 197 8 @.
ITEM #13101
On motion by Councilman Holland, seconded by Councilman Ferrell,
and by recorded vote as follows:
Ayes: Councilmen John A. Baum, F. Reid Ervin, George R. Ferrell,
Councilwoman Barbara M. Henley, Clarence A. Holland, Vice Mayor J.
Henry McCoy, Jr., Donald W. Merrick, Councilwoman Meyera E. Oberndorf,
J. Curtis Payne, Roger L. Riggs and Mayor Patrick L. Standing.
Nays: None
Absent: None
City Council voted to approve on second reading, the following ordinance
to appropriate $47,000 for repairs to the Diamond Springs Road Bridges
over Waterworks Canal:
AN ORDINANCE TO APPROPRIATE $47,000
FOR REPAIRS TO THE DIAMOND SPRINGS
ROAD BRIDGES OVER WATERWORKS CANAL
WHEREAS, upon recent inspections by McGaughy, Marshall & McMillan,
Consulting Engineers, of the Diamond Springs Road Bridges, several structural
deficiencies were noted; and
WHEREAS, the industrial and commercial use of these bridges result
in high use by heavy vehicles; and
WHEREAS, if repairs are not made in the near future, further deter-
ioration will result.
THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINLA BEACH,
VIRGINIA.
THAT the amount of $47,000 is hereby appropriated to the Highway
Division for purposes of making the necessary repairs to the aforesaid bridges
and the City Manager is authorized to enter into the necessary agreements to
accomplish same.
FIRST READING: December 4. 1978
SECOND READING: December 11, 1978
ADOPTED by the Council of the City of Virginia Beach on the 11
day of December 1978.
ITEM #13102
On motion by Vice Mayor McCoy, seconded by Councilman Holland, and
by recorded vote as follows:
Ayes: Councilmen John A. Baum, F. Reid Ervin, George R. Ferrell,
Councilwoman Barbara M. Henley, Clarence A. Holland, Vice Mayor J.
Henry McCoy, Jr., Donald W. Merrick, Councilwoman Meyera E. Oberndorf,
J. Curtis Payne, Roger L. Riggs and Mayor Patrick L. Standing.
Nays; None
Absent: 14one
City Council voted to approve the following reappointments to the
Virginia Beach School Board for three year terms beginning January
1, 1979 and terminating December 31, 1981-.
Mr. Robert DeFord, (at Large)
Mr. Edward T. Caton, Tll (Lynnhaven)
Mrs. Anne N. Taylor (at Large)
!4r. Ralph L. Frost (Blackwater)
TIIE FOLLOWING VOTE AS RECORDED FOR MR. CURTIS R. CATRON:
Ayes: Councilmen John A. Baum, Georl-e R. Ferrell, Clarence A.
Holland, Vice Mayor J. Ilenry McCoy, Jr., Councilwoman Meyera E.
Oberndorf, J. Curtis Payne, Roger L. Ri@-gs, and Mayor Patrick L.
Standing.
Nays: Councilmen F. Reid Ervin, Councilwoman Barbara M. lienley,
and Donald W. Merrick.
THE FOLLOWING VOTE AS RECORDED FOR MRS. NANCY McCLEES CREECH:
Ayes: Councilmen John A. Baum, George R. Ferrell, Clarence A.
Holland, Vice Mayor J. Henry McCoy, Jr., J. Curtis Payne, Roger
L. Ri.@gs, and Mayor Patrick L. Standing.
Nays: Couiacilwoman Barbara M. Henley, Councilman Donald W. Merrick,
Councilwoman Meyera E. Oberndorf.
THE FOLLOWING VOTE AS RECORDED FOR DR. E. T. BUCHANAN:
Ayes: Councilmen F. Reid Ervin, Councilwoman Barbara M. Henley,
Donald W. Merrick, Councilwoman Meyera E. Oberndorf.
Nays: Councilmen John A. Baum, George R. Ferrell, Clarence A.
Holland, J. Henry DicCoy, Jr., J. Curtis Payne, Roger L. Riggs,
and Mayor Patrick L. Standing.
THE FOLLOWING VOTE AS RECORDED FOR MR. MTLTON T. HOLLAND:
Ayes., Councilmen John A. Baum, F. Reid Ervin, George R. Ferrell,
Councilwoman Barbara M. flenley, Clarence A. Holland, Vice Mayor J.
Henrv McCoy, Jr., Donald W. Merrick, Councilwoman Meyera E. Oberndorf,
I
J. Curtis Payne, Roger L. Riggs and Mayor Patrick L. Standing.
Nays: None
THE FOLLOWING VOTE AS RECORDED FOR MR. HASSELL J. PERRELL:
Ayes: Councilmen John A. Baum, George R. Ferrell, Clarence A.
Holland, Vice Mayor J. Henry McCoy, Jr., J. Curtis Payne, Roger
L. Riggs, and Mayor Patrick L. Standing.
Nays: Councilmen F. Reid Ervin, Councilwoman Barbara DI. Henley,
Donald W. Merrick, Councilwoman Meyera E. Oberndorf.
Absent: None
City Council voted to reappointment the following Members to the
Planning Commission:
Mr. Herman R. Bonney- 4 years, beginnin.@ January 1, 1979
and terminating December 31, 1982.
Mrs. Nancy McClees Creech- 4 years, beginning January
1, 1979 and terminating December 31, 1982.
City Council further voted to appoint thL followiii@ liembers to the
Planning Commission:
Mr. flassell Perrell- 4 years, beginning January 1, 1979
and terminating December 31, 1982.
llr. Milton T. Ilolland- 4 years, beginning January 1,
1979 and terminating December 31, 1982.
Mr. Curtis R. Catron- 4 years, beginning January 1,
1979 and terminating December 31, 1982.
ITEM #13106
Mayor Standing indicated that a committee comprised of Councilman
Merrick and Vice Mayor McCoy had been appointed to study limitations
of terms an individual can serve on any board or commission in order
to allow the services of other cualified persons within the City..
ITEII #13107
On motion by Councilman Ferrell, seconded by Councilman liolland and
by recorded vote as follows:
Ayes: Councilmen John A. Baum, F. Reid Ervin, Geor@.e R. Ferrell,
Councilwoman Barbara M. Henley, Clarence A. Holland, Vice Itayor J.
Henry McCoy, Jr., Donald W. Merrick, Councilwoman Meyera E. Oberndorf,
J. Curtis Payne, Ro,er L. Riggs, and Mayor Patrick L. Standing.
Nays: None
Absent: tione
City Council voted to reappoint the following @lembers to the Board of
Electrical Examiners:
Mr. Josepb M. Dodd- 2 years, beginning January 1, 1979
and terminating December 31, 1980.
Mr. Harold D. Smith- 2 years, beginning January 1, 1979
and terminating December 31, 1980.
TTEM #13108
On motion by Councilman Ervin, seconded by Councilman Payne, and
by recorded vote as follows:
Ayes: Councilmen John A. Baum, F. Reid Ervin, George R. Ferrell,
Councilwoman Barbara M. Henley, Clarence A. Holland, Vice Mayor J.
H@iiry McCoy, Jr., Donald W. Merrick, Councilwoman Meyera E. Oberndorf,
J. Curtis Payne, Roger L. Riggs and Mayor Patrick L. Standing.
Nays: None
Absent: Ilone
City Council voted to reappointment the following Members to the
Board of Adjustments and Appeals:
Mr. Frank 1. Adkins- 2 Years, beginning January 1, 1979
and terminating December 31, 1980.
Mr. G. R. Schell- 2 years, beginning January 1, 1979
and terminating December 31, 1980.
ITEM #13109
On motion by Mayor Standing, seconded by Councilman Ervin, and by
recorded vote as follows:
Ayes: Councilmen John A. Baum, F. Reid Frvin, Geor@.e R. Ferrell,
Councilwoman Barbara M. Henley, Clarence A. Holland, Vice @layor J.
Henry McCoy, Jr., Donald W. Merrick, Councilwoman Meyera E. Oberndorf,
J. Curtis Payne, Roger L. Riggs and Mayor Patrick L. Standing.
Nays: None
Absent: None
City Council voted to reappointment the following Members to the
Board of Plumbing Examiners:
Mr. R. D. Creef- 2 years, beginning January 1, 1979
and terminating December 31, 1980.
Mr. Dwight P. Jones- 1 year, beginiiing January 1, 1979
and terminating December 31, 1979.
Mr. J. Calvin Lilley- 1 year, beginnin@. January 1, 1979
TT@M
An Ordinance upon Application of Oscar Clinton Jones for a e ot
Zoning District Classification from R-5 Residential District to A-]
Apartment District on certain property located on the South side of
Baxter Road beginning at a point 1502.14 feet East of Pri.-)cess Anne
Road, running a distance of 250 feet along the South side of Baxter
Road, running a distance of 935.1 feet along the Eastern property line,
running a distance of 280.6 feet along the Southern property line and
running a distance of 805.1 feet along the Western property line. Said
parcel contains 4.993 acres. KEMPSVILLE BOROUGH.
Planning Commission Recommendation:
A motion was passed unanimously by the Planning Commission by a recorded
vote of 12 to deny this request. It was felt that the prc)posed zoning is
inappropriate for this site given the surrounding land use pattern.
Vice Mayor McCoy made a motion, seconded by Holland, to permit
withdrawal of the petition of Oscar Clinton Jones for a zoning
change from R-5 Residential District to A-1 Apartment District
as requested by Mr. Beril M. Abraham representing the applicant:
Ayes: Councilmen John A. Baum, F. Reid Ervin, George R. Ferrell,
Councilwoman Barbara M. Henley, Clarence A. Holland, Vice Mayor J.
Henry McCoy, Jr., Donald W. Merrick, Councilwoman Meyera E. Oberndorf,
J. Curtis Payne, Roger L. Riggs and Mayor Patrick L. Standing.
Nays: None
Absent: None
City Council voted to allow withdrawal of the above petition of Oscar
Clinton Jones for a Change of Zoning District Classification from R-5
Residential District to A-1 Apartment District on certain property
located on the South side of Baxter Road beginning at a point 1502.14
feet East of Princess Anne Road, running a distance of 250 feet along
the South side of Baxter Road, running a distance of 935.1 feet along
tbe Eastern property line, running a distance of 280.6 feet along the
Southern property line and running a distance of 805.1 feet along the
Western property line. Said parcel contains 4.993 acres. KEMPSVTLLE
BOROUGH.
ITEM #13111
An Ordinance upon Application of Joseph Overholt for a Clange nin
District Classification from R-5 Residential District to R-6 Residential
District on certain property located on the West side of Salem Road
beginning at a point 850 feet North of Recreation Drive, running a distar)ce
of 650 feet along the West side of Salem Road, running a distance of
410 feet in a Westerly direction, running a distance of @10 feet in
a Northerly direction, running a distance of 4922 feet along the Northern
property line, running a distance of 750 feet along the 'iestern property
line, and running a distance of 5245 feet along the South2rn property
1 ine. Said parcel contains 100 acres. KEMPSVILLE BOROUC-H.
Planning Commission Recommendation:
A motion was passed unanimously by the Planning Commission by a recorded
vote of 12 to approve this request subject to the following conditions in
conjunction with the intended use of the land:
1. A voluntary agreement is to be recorded indicating that not more
than 298 single family units are to be constructed.
2. Standard improvements as required by the Subdivision Ordinance.
3. City water and sewer. A gravity sewer and pump !Station must be
installed.
4. Design of the ultimate highway section for Salem, Road and either
construction or escrowin the cost for 2 lanes of
Mr. Joseph Overholt appeared in favor of the petition.
Councilman Ferrell made a motion, seconded by Vice Mayor liccoy, to
approve the above petition of Joseph Overholt for a zoning change
from R-5 Residential District to R-6 Residential District. The
recorded vote is as follows:
Ayes: Councilmen John A. Baum, F. Reid Ervin, George R. Ferrell,
Councilwoman Barbara M. lienley, Clarence A. Holland, Vice Mayor J.
Henry McCoy, Jr., Donald W. Merrick, Councilwoman Meyera E. Oberndorf,
J. Curtis Payne, Roger L. Riggs, and Mayor Patrick L. Standing.
Nays.- None
Absent: lione
City Council voted to approve the following ordinance upon petition
of Joseph Overholt for a Change of Zoning District Classification
from R-5 Residential Distr ct to R-6 Residential District:
ORDINANCE UPON PETITION OF JOSEPH OVERIIOLT FOR A Z01278394
CHANCE OF ZONING DISTRICT CLASSIFICATION FROM R-5
Residential District to R-6 Residential District
BE IT ORDAINED BY TIIE COUNCIL OF THE CITY OF V-IRGTNIA BEACH,
VIRGINIA THAT:
An Ordinance upon Application of Joseph Overholt for a Clanqe of Zoning
District Classification from R-5 Residential District to R-6 Residential
District on certain property located on the West side of Salem Road
beginning at a point 850 feet North of Recreation Drive, running a distar)ce
of 650 feet along the West side of Salem Road, running a distance of
410 feet in a Westerly direction, running a distance of 210 feet in
a Northerly direction, running a distance of 4922 feet a'tong the Northern
property line, running a distance of 750 feet along theliestern property
line, and running a distance of 5245 feet along the SoutKern property
llqt. 561@
Approval is subject to the following conditions in conjunction with
1. A voluntary agreement is to be recorded indicating
that no more than 298 single-family dwellings are
to be constructed.
2. Standard improverients as required by the Subdivision
Ordinance.
3. City water and sewer. A 20-inch water line and 16-
inch sewer line are now under construction on Salem
Road and will be available. A force main is also now
under construction on Salem Road. A gravity sewer and
pump station must be installed.
4. Design of the ultimate highway section for Salem
Road and either construction or escrowing the cost
for two lanes of the four-lane highway.
5. A minimum of 200 foot drainage easement centered over
the Salem Canal.
6. A 15 foot dedication and a 15 foot reservation on
Salem Road.
Mr. Joseph Overholt appeared in favor of the petition.
Councilman Ferrell made a motion, seconded by Vice Mayor I'cCoy, to
approve the above petition of Joseph Overholt for a zoning change
from R-5 Residential District to R-6 Residential District. The
recorded vote is as follows:
Ayes: Councilmen John A. Baum, F. Reid Ervin, George R. Ferrell,
Councilwoman Barbara M. Henley, Clarence A. Holland, Vice Mayor J.
Henry McCoy, Jr., Donald W. Merrick, Councilwoman Meyera E. Oberndorf,
J. Curtis Payne, Roger L. Riggs, and Mayor Patrick L. Standing.
Nays: None
Absent: T4one
City Council voted to approve the following ordinance upon petition
of Joseph Overholt for a
from R-5 Residential District to R-6 Residential District:
ORDINANCE UPON PETITION OF JOSEPH OVERliOLT FOR A Z01278394
CHANGE OF ZONING DISTRICT CLASSIFICATION FROM R-5
Residential District to R-6 Residential District
BE IT ORDAINED BY TIIE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA THAT:
An Ordinance upon Application of Joseph Overholt for a C,-anqe of Zoninq
District Classification from R-5 Residential District to R-6 ResTden-tial
District on certain property located on the West side of Salem Road
beginning at a point 850 feet North of Recreation Drive, running a distar)ce
of 650 feet along the West side of Salem Road, running a distance of
410 feet in a Westerly direction, running a distance of ZIO feet in
a Northerly direction, running a distance of 4922 feet along the Northern
property line, running a distance of 750 feet along theliestern property
line, and running a distance of 5245 feet along the Southern property
line. Said parcel contains 100 acres. KEMPSVILLE BOROU-@H.
Approval is subject to the following conditions in conjunction with
the intended use of the land:
1. A voluntary agreement is to be recorded indicating
that no more than 298 single-family dwellings are
to be constructed.
2. Standard improvements as required by the SubdivisiDn
Ordinance.
3. City water and sewer. A 20-inch water line and 16-
inch sewer line are now under construction on Salem
Road and will be available. A force main is also now
under construction on Salem Road. A gravity sewer and
pump station must be installed.
4. Design of the ultimate highway section for Salem
Road and either construction or escrowing the cost
for two lanes of the four-lane highway.
5. A minimum of 200 foot drainage easement centered over
tbe Salem Canal.
6. A 15 foot dedication and a 15 foot reservation on
Salem Road.
7. The approval by the City Attorney of the agreements
hereon stated and proper recordation with the Clerk
of the Circuit Court.
This ordinance shall be effective upon date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia,
on the 11 day of December, 1978
ITEM #13112
An Ordinance upon Application of Paul and Elizabeth Creekmore for a
Change of Zoning District Classification from R-4 Residential District
to B-2 Cominunity-Business District on certain property lo--ated on the
East side of Independence Boulevard beginning at a point 380 feet South
of Paul Revere Road, running a distance of 462.55 feet a@ong the East
side of Independence Boulevard, running a distance of 349.39 feet along
the Southern property line, running a distance of 462.16 feet along
the Eastern property line and running a distance of 350.84 feet along
the Northern property line. Said parcel contains 3.58 acres. BAYSIDE
BOROUGH.
Planning Commission Recommenaation:
A motion was passed unanimously by the Planning Commission by a recorded
vote of 12 to approve this request subject to the following conditions in
conjunction with the intended use of the land:
1. Standard improvements as required by the Site Plan Ordinance.
2. City water and sewer.
3. The entire site will not be permitted to drain into the Independence
Boulevard drainage system. Extensive off-site drainage i.@,provements will be
necessary to accommodate the drainage from this site.
4. Adequate buffer and scrpening along th@ Northprn and Eagtprn prop@rty
lines.
Mr. Grover Wright, representing tbe applicant, appeared in favor.
Councilmaii Holland made a motion, seconded by Councilman Ferrell,
to approve the above petition of Paul and Elizabeth Creekmore for
a change of zoning from R-4 Residential District to B-2 Community
Business District. The recorded vote is as follows:
Ayes: Councilmen John A. Baum, F. Reid Ervin, George R. Ferrell,
Clarence A. Holland, Vice Mayor J. Henry McCoy, Jr., Donald W.
Merrick, Councilwoman Meyera E. Oberndorf, J. Curtis Payne, Roger
L. Riggs and Mayor Patrick L. Standing.
Nays: Councilwoman Barbara M. Henley
Absent: tione
City Council voted to approve the following ordinance upon petition
of Paul and Elizabeth Creekmore for a Change of Zoning District
Classification from R-4 Residential District to B-2 Community Business
D i s t r i c t :
ORDINANCE UPON PETITION OF PAUL AND ELIZABETH
CREEKMORE FOR A CHANGE OF ZONING DISTRICT Z01278395
CLASSTFTCATION FROM R-4 Residential District
to B-2 Community Business District
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VTRGINIA BEACII,
VIRGINIA, that:
An Ordinance upon Application of Paul and Elizabeth Creek@,nore for a
Chan!e of Zoning District Classification from R-4 Residential District
to B 2 ated on the
Cominunity-Business District on certain property I,-.
East side of Independence Boulevard beginning at a point 380 feet South
of Paul Revere Road, running a distance of 462.55 feet a"ong the East
side of Independence Boulevard, running a distance of 349.39 feet along
the Southern property line, running a distance of 462. 16 feet along
the Eastern property line and running a distance of 350.84 feet along
the Northern property line. Said parcel contains 3.58 a--res. BAYSIDE
BOROUGH. a