DECEMBER 4, 1978
CITY OF VIRGINIA BEACI
MUNICIPAL CENTER
.q"t VIRGINIA 13EACH. VIRGINIA 23456
MAYOR PATRICK L. STANDING, At L.,g. CLARENCE A. HOLLAND, M.D., B.y@id@ B.,..gb
VICE MAYOR 1. HENRY M,COY JR., D.D.S., K@.p,@ill@ B@,..gb DONALB w. MERRICK, Ly-b.@@. 9 .... gb
JOHN A. BAUM, BI.,k..t@, B.,o.gb MEYERA E. OBERNDORF, At L.,g@
F. REID ERVIN, At L.,g@ J. CURTIS PAYNE, P,i.,@@, A..@ B...gh
GEORGE R. FERRELL, At L.,g, ROGER L. RIGGS, Vigi.i. B@.,b B .... gh
BARBARA M. HENLEY, P.@g. B .... gb CITY COUNCIL =ING RICHARD 1. WEBBON,.City Cl@,k
Dec@r 4, 1978
I. Staff Briefing: None
II. Informal Session: 5:30 p.m., City Council rs.
a. Call to order by the Honorable Patrick L. Standing, @yor.
b. Roll Call of the Council.
c. @tion to recess into Informl Discussion and Executive Session. Upon conclusion
the Executive Session, City Council will reconvene in the City Council s.
d. Item for disccussion:
1. 1978/79 Virginia Beach Legislative Package Proposal:
Discussion of items.
2. NYPUM Grant: Presentation by Gary Graham, Associate General Executive, Central
YYjCA (Requested by Counci@ Me=ick)
3. Virginia Beach Municipal League Policy Ccmdttee Nominations:
Discussion.
4. Atlantic Avenue Pump Station: Proposal for change of location. This discussion
is continued from the Nov@r 27, 1978, Info@l Session.
5. Agenda Formt and Delivery Date Proposal: (Reference Counci@ ]3aun's Nov@r
21, 1978, letter to Council).
6. Cresap, @rmick and Paget's "A Study of Mmicipal Salaries": Discussion of
report reco@dations. (Requested by Mayor Standing and Councilwormn Oberndorf).
7. North End Water Lines: Status report. (Requested by Councilrcian Ervin.)
8. Dust Control on Sewer Projects: Status report.
III. Fornal Session: .00 m., City Council Ch@rs
a. The @tters here<)n listed will be presented for forml action by the City Council.
1. Call to order by the Honorable Mayor Patrick L. Standing.
2. Invocation will be given by the Reverend B=ett Thourc>good, New Jerusalern
Church, Virginia Beach, Virginia. Please r@in standing for the Pledge of
Allega.ance.
3. Roll Call of the Council.
4. Minutes of the Regular @ting of Novenber 27, 1978 to be presented for
acceptance and approval.
5. Honorary Resolutions: Mr. Ben Moore, Clean ty System Coordinator will
present @yor Standing with an award for the winner and runnerups of the Clean
ity@Systern Lago contest.
b. Public Hearing Notice:
01"CE C"' CL-@ U@'@IPAL C@@IER
VI@Gl@IA 9@AC@, VI@GL@IA 23@56
PLTBIJC NOTICE
Notice is hereby given that the City Council of the City of Virginia
Beach, Virginia, will on Monday, Dec@r 4, 1978, at 7:00 p.m., hold a
"Public HeaLring" in the City Council Ch@rs, Room 203, City Administration
BLlilding, Mmicipal Center, Virginia Beach, Virginia, to determine whether
the Charter of the City of Virginia Beach should be ed to provide the
following:
1. "An Act to @d Chapter 147, as amnded, of the Acts of
Ass @ ly of 1962, which provides a charter for the City
of Virginia Beach, Virginia, by adding a new section
numbered 3.10 to activate the Virginia Beach Redeveloomnt
Authority without an election thereon and to pe@t
bers of the Council of the city of Virginia Beach,
Virginia, to act as co @ ssioners of the Vir @ ia Beach
Redevelopmnt and Housing Authority and to exercise the
powers conferred on such authority."
2. "An Act to @d Chapter 147, as @ded of the Acts of
Assembly of 1962 which provides a charter for the City
of Virginia Beach, by adding a new section nuitbered 3.11
relating to powers of investigation for City Council, any
co@ttee of m@rs thereof, when so authorized, or any
board or condssion whose rs are so appointed by
Council when authorized by ordinance.
Persons desiring to speak before City Council alnd the public should re-
CC)rd their mm and/or an organization they represent with the City Clerk's
Office, 427-4304, or before the @eting at the City Clerk's desk in the
Council rs.
c
PUBLIC NOTICE
Notice is hereby given that the regular meting of the City
Council of the City of Virginia Beach, Virginia, se!heduled to met at
1:00 p.m., on r4onday, December 4, 1978, has been rescheduled to met
in informal and executive sessions at 5:30 p.m. and to coriduct public
hearings and the fo@ session at 7:00 p.m., in the City Comcil
Chanbers, City Administration Buildi-ng, Muni.cipal Center, Virginia
Beach, Virginia
J. ebb.
.ty @
l@r
V,!,
Nov. 24 and Dec.
PUBLIC NOTICE
Notice is hereby given that the City Council of the City of Virginia Beach, Virginia
will meet at 7:00 p.m., on Monday, December 4, 1978 in the City Council Chambers,
Room 203, City Administration Building, Municipal Center, Virginia Beach, to conduct
a public hearing in conjunction with the Housing and Community Development Citizens
Advisory Committee for the purpose of hearing public comments concerning a proposal
to establish a Redevelopment and Housing Authority for the City of Virginia Beach,
which is designed to improve and redevelop unsafe or unsanitary inhabited dwellings,
blighted areas, and the availability of low income housing.
Persons desiring to speak before the public hearing should record their name and/or
organization they represent with the City Clerk's office, Telephone 427-4304, or at
the City Clerk's desk in the City Council Chambers before the meeting.
Richard J. Webbv City Clerk
VA i@' ', @
A/o i,, @ 4 / @ c c,
c. Consent Agenda: All mtters list@ under the Ccnsent Agenda are considered to be
routine by the City Council and will be enacted by one mtion in the form listed.
There will be no separate discussion of these i@. If discussion is desired,
that itein will be remved frorn the consent agenda and considered separately.
a. Letter fr(in the City Manager r ding that City Council approve an ordinance
to and reordain Article II of Chapter 16 of the Code of the City of
Virginia Beach, Virginia, relating to Fire Protection.
b. Letter f= the City Manager re ding that City Council appoint viewers in
the nutter of the application of Heriry A. Shook and Phyllis S. Shook for the
petition for the closure of a portion of Hill Road (Lynnhaven Borough).
c. Letter from the City 1,@ger rec ing that City Council approve the request
of Mr. John Atkinson, City Treasurer, for tax refunds in the amunt of $923.75.
d. Plarming ssion dations: None
e. I@ for Council Fornal Action:
1. Letter from the City Manager indicating that on October 10, 1978, at the
Planning Co@ssion's meting,they denied the subdivision variance for Richard
G. Brydges; and in accordance with Section 9.4 of the Subdivision Ordinance,
it is before you today.
f. Fund Appropriations:
1. Letter from the City Manager re ding that City Council approve an ordinance
to appropriate $47,000 for repairs to the Diamnd Sprinqs Road Bridges over
waterworks canal. (First Reading)
g. Closing itenis:
1. old business, deferred frcrti the previous meeting including any report of the
Mayor or C@ttees by Council.
2. New business, including any presentations by Council rs, Citizens and
organizations.
3. Mtion for adjo@t.
MI14UTES OF TIIE IIONORABLE CITY COUNCIL
OF THE
CITY OF VIRGINIA BEACH, VIRGINIA
December 4, 1978
The regular meeting of the Council of the City of Virginia Beach,
Virginia, was called to order by Mayor Patrick L. Standing, in
the Conference Room, in the Administration Building, on Monday,
December 4, 1978, at 5:30 p.m.
Council Members present: John A. Baum, F. Reid Ervin, George R.
Ferrell, Councilwoman Barbara M. Henley, Clarence A. Holland,
Donald W. @lerrick, Councilwoman Meyera E. Oberndorf, and Mayor
Patrick L. Standing
Council Members absent: Vice Mayor J. Henry McCoy, Jr., J.
Curtis Payne, and Roger L. Riggs
ITEM #13070
Mayor liolland entertained a motion to permit Council to conduct an
informal session to be followed by an executive session at 6:50 p.m.,
for the purpose of discussing the following:
1. Discussion or consideration of employment, assi@.n-
ment, promotion, demotion, salaries, discipline or res-
ignation of public officers, appointees or employees of
any public body.
2. Discussion or consideration of the condition, ac-
quisition or use of real property for public purpose,
or other disposition of publicly held property.
On motion by Councilman Ferrell, seconded by Councilman Baum, and
by recorded vote as follows:
Ayes: Councilmen John A. Baum, F. Reid Ervin, George R. Ferrell,
Councilwoman Barbara M. Ilenley, Clarence A. Holland, Doiiald W.
Merrick, Councilwoman Meyera E. Oberndorf, and @layor Patrick L.
Standing
Nays: lione
Absent: Vice Mayor J. Henry McCoy, Councilmen J. Curtis Payne,
and Roger L. Riggs
City Council voted to proceed into executive session following the
informal discussion.
TTEM #13071
The City Manager discussed with Council the following 1979 Le.@islative
proposals:
1. Resolution Supporting the Use of Lake Gaston as a
Water Source for Southeastern Virginia:
The Virginia General Assembly should adapt a
joint resolution supporting the Army Corps
of Sngineers' recommendation to use Lake Gaston
as the long term water source for Southeastern
Virginia and ask the United States Congress to
expedite the approval of this source and to ex-
pedite funding for the construction of this pro-
j e c t .
2. Camp Pendleton:
The Virginia General Assembly should enact leg-
islation which would impose a timetable for the
complete relocation of the Vir@.inia National
Guard from Camp Pendleton to a more appropriate
militarv location by January 1, 1983 so that
Camp Pendleton can be opened to public recre-
ational use in its entirety. (Long Term)
The Virginia General Assembly should enact leg-
islation which would: (Short Term)
a. Stop all currently proposed improvements
to Camp Pendleton financed by the U. S. Gov-
ernment.
b. Transfer the 40-acre beach parcel and the 162
acre wooded parcel to the Division of State
Parks for development as public recreational
areas.
C. Support the JLARC resolution asking for return
of portions of Fort Story to the Commonwealth.
3. State Grievance Procedure:
The General Assembly should amend Section 15.1-7.1
of the Code of Virginia to allow local city charters
to prevail in areas where the State Grievance Pro-
cedure and the city charter provisions conflict.
4. Exemption from Sunday Closing Law:
This law not only affects businesses and retail
merchants throughout the City, it also affects
activities sponsored by Virginia Beach on munic-
aplly-owned property. Since 1978, eleven shows
have been cancelled at the Virginia Beach Civic
Center (Dome) because of their fear of violating
the Sunday Closing Law. Tt is clear that con-
vention and other promotions sponsored by Virginia
Beach at the Dome and the new Arts and Conference
Center will be adversely affected by the Sunday
Closing Law.
The General Assembly should amend Section 18.2-341(a)
of the Code of Virginia to add an additional exemption
for activities conducted on municipally-owned property.
5. Fixed Fishing Devices in the Chesapeake Bay:
The General Assembly should enact legislation which
imposes a ban on the installation of all fixed fish-
ing devices in the Chesapeake Bay adjacent to Virginia
Beach and further requires the removal of all existing
fixed fishing devices within one year.
6. Ban on Crabbing in Certain Waters of Virginia Beach:
The General Assembly should enact legislation which
would allow the local governing body in Virginia
Beach to prohibit crabbing in the Lynnhaven Bay,
Lynnhaven River, Broad Bay-Linkhorn Bay, and their
tributaries from the 15th day of May to the 15th day
of September, both inclusive, of every year.
7. Tax on Coin-Operated Amusement Machines:
The General Assembly should enact legislation
which would once again allow localities to im-
pose tax on coin-operated amusement machines on
a per machine basis.
Councilwoman Oberndorf questioned item #8, Local License Tax on
Vessels, as she is concerned about the boaters in this City,
and the fact that they are being taxed personal property when
several live aboard their boats.
The City recommends the General Assembly to enact legislation which
would give municipalities the authority to impose a local license
tax on vessels located within their jurisdiction.
Councilman Holland questioned item #10, Utility Consumer's Tax - CATV,
as it is for the amusement of the citizens of this Citv, and not a
utility such as C & P or VEPCO.
The Citv recommends that the General Assembly should amend Section
15.1-23.1 of the Code of Virginia covering CATV to include the
following words: "Any city or town or county may impose a tax on
the consumers of the utility service or services provided by any
corporation coming within the provisions of this article, which tax
shall not be imposed at a rate in excess of 20% of revenue and shall
not be applicable to any revenue in excess of $15.00 per month for
residential customers."
ITEM #13072
Mr. Gary Graham, Associate General Executive, Central YMCA, appeared
before Council in the informal session to discuss the National Youth
Program Using Motorbikes (NYPUM).
Mr. Graham indicated the progran was eight (8) ears old, and the
motorbikes were donated by Honda, Incorporated. The time spent on
the bikes is minimal as the majority of time is spent in other pro-
grams, such as education, etc.
This program is for juveniles who have come to the attention of the
courts, but have not been convicted of a crime. This program prohibits
adjudicated felons from receiving any funds for this program.
ITEM #13073
The City Manager indicated that Mr. Aubrey Watts and Mr. C. Oral
Lambert met and reconciled any questions with regards to engineering
costs on the North Virginia Beach Pumping Stations; and with the
assistance of Baldwin and Gregg have come up with a figure. The cost
is estimated to be around $300,000 to $400,000.
ITE14 #13074
Councilman Baum indicated he would like to find a way to simplifv
all the material Council receives in the agenda, plus strive for
additional study time.
The Mayor indicated he will appoint a Committee regardin@. this matter.
ITEM #13075
Councilwoman Oberndorf indicated she would like to have a more detailed
study on Municipal Salaries, including better job descriptions, hazardous
duty, etc.
ITEM #13076
The City Manager indicated he has authorized the Utilities Director
to make any modifications necessary so that as the City puts in sewer
lines at the Northend of Virginia Beach the water lines will be checked
for replacement. The two-inch lines will I)e replaced, and this will
be done on a street by street basis. The approximate cost will be
$1,300,000.
ITEM #13077
The City Mana@.er indicated that on all contracts concerning sewer
projects, the contractor will now have to agree he will go only
500 feet, come back and gravel and pave the area to keep the dust
down in the subdivisions.
ITEM #13078
At 7:00 p.m., City Council reconvened in the Council Chambers with
the following Members present:
John A. Baum, F. Reid Ervin, George R. Ferrell, Councilwoman Barbara
Yi. Henley, Clarence A. Holland, Donald W. Merrick, Councilwoman Mevera
E. Oberndorf, and Mayor Patrick L. Standing
Council Members absent: Vice Mayor J. Henry McCoy, Jr., J. Curtis
Payne, and Roger L. Riggs.
The invocation was given by the Reverend Barnett Thourogood, New
Jerusalem Churcb, followed by the Pledge of Allegiance.
ITEM #13079
COUNCILMAN HOLLAND LEFT CHAMBERS
On motion by Councilwoman Oberndorf, 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, Donald W. Merrick, Councilwoman
bleyera E. Oberndorf, and Mayor Patrick L. Standing
Nays: None
Absent: Councilmen Clarence A. Ilolland, Vice @layor J. Henry McCoy,
Jr., J. Curtis Payne, and Roger L. Riggs
City Council voted to approve the minutes of the regular meeting of
November 27, 1978, and dispensed with the reading of said minutes
inasmuch as each Council Member had a copy.
ITEM #13080
COUiqCILMAN HOLLA',ID RETURNED TO CHAMBERS
Mayor Standing introduced llr. Benjamin 14oore, Clean Community System
Coordinator, and Mrs. Martba Thompkins, Council of Garden Clubs, who
will present awards to the winners in the Clean Community System Logo
contest.
Mrs. Thompkins presented awards to the followin@. students from Vo-Tech:
First Place Barbara Smith
Second Place Liz Davis
Third Place Tim Fejack
Honorable Mention Ken Sturges
Mr. Moore presented to the students in the Commercial Arts Class #2
a check for $100 to aide them in their travel expenses to New York
to attend the Commercial Arts Conference.
ITEM #13081 (IIT - e)
Councilman Merrick indicated that the attorney for the subdivision var-
iance of Richard G. Brydges indicated he would like to have this
matter deferred for 60 days.
Mr. Edward Iludgins appeared regarding this matter and requested a
deferral of 60 days.
On motion by Councilman Ervin, seconded by Councilman Baum, and by
recorded vote as follows:
Ayes: Councilmen John A. Baum, F. Reid Ervin, George R. Ferrell,
Councilwoman Barbara M. Henley, Clarence A. Holland, Donald W.
Merrick, Councilwoman Mevera E. Oberndorf, and Mayor Patrick L.
Standing
Nays: None
Absent: Vice Mayor J. lienry McCoy, Jr., J. Curtis Payne, and Roger
L. Riggs
City Council voted to defer for sixty (60) days the request of Richard
G. Brydges for a variance to Section 4.4(b) of tbe Subdivision Ordinance
which requires lot dimensions to conform to the Comprehensive Zoning
Ordinance. The applicant wished to subdivide an approximately 1.72 acre
lot located at the eastern extremity of Horseshoe Court into 2 lots.
ITEM #13082
Mayor Standing indicated he was going to form a committee to go over
the real estate tax rate for the upcoming budget year; and further
indicated that at the Council meeting of December 11, 1978, he will
be appointing the committee to the "Virginia Beach Economic Base Study
Committee." The committee will be comprised of:
Member from the Cbamber of Commerce
Member from the Industrial Development Authority
Member frDM the Council of Civic Organizations
Member from the Agricultural Industry
Member from the United States 14avy
Member from the Vir@.inia Beach Development Authority
Member from a Financial Institution
The members of this committee will be charged with meeting with the
City Manager, City Treasurer, Finance Director, and the Real Estate
Assessor. Afterwhich they are to come back to Council with an in-
dependent study on what the City can do to brin,. other forms of
revenue to this City, other tlian the real estate tax rate.
ITEM #13082 (I-III(b)
The City Clerk Designate read the following Public @lotices:
Nc>tice is hereby giv- tliat the cit-y uncil of the Cii--Y Oc Virginia
co
Beach, Virginia, will on Yjonday, Dec@r 4, 1978, at 7:00 P.M.@ hold a
"Public Hearing .1 in the City Council Oi@rs, R-m 203, City @istration
Building, @icipal tenter, Virginia @c:h, Virginia, to dete@e ,iliether
the Charter of the City of Virginia @ch should ded tc) crovide the
follo@,ling:
1. "An Act to @d chapter 147, as a,-decl,.Of the Acts f
Ass@ly of 1962, i,;hich PrOvides a char-Ler for the Ci@
of Virginia Beach, Virginia, by adding a nei,, section
numbered 3.10 to activate the Virginia Beach R@evel t
Authori@ without an election thereon and to pendt
bers of the Coiu-icil of the ci@ of Virgini-a Beach,
Virgi.nia, to act as conrussioners of tlie Virginia Bea@
Redevelo@nt and Ho-a'-ng Authority and to exercise @e
pcwers conferred on such authority."
2. -'An Act to amnd Chapter 147, as @nded of the Acts c@f
Assembly of 1962 @-iich providcs a charter for the Ci@,
of Virginia Beach, by adding a n- s-tion nupbered 3.11
relating to pc,,,7ers of investigation for city council, any
com-nittee of m@rs thereof, %,ihen - authori@, or @Lny
board or co@ssion @,7hose rs are so appointed bY
cc)uncil va-ien autliorized by ordinance.
Persons desirlng to speak before CILY Council and the pub@ic should re-
cc)rd their nam -d/or -, organization they rcpresent %qith the city cic-,-r)r' s
office, 427-4304, or before tlie Metiiig at the City Cler,@'s de$k in the
council ch@rs.
Notice is hereby given that the City Council of @he City of Virginic Beach, Virginia
will meet at 7:00 p.m., on Monday, December 4, 1978 in the City Coocil Chambers,
Rooin 203, City Administration Building, Municipal Center, Virginia @each, to conduct
a public hearing in conjunction with tlie Tiousing and Community Devejopment Citizens
Advisory Com,,mittee for the piirpose of hearing public comments conce*ning a proposal
to establish a Redevelopment and Housing Authority for the City of Virginia Beach,
which is designed to improve and redevelc;p unsafe or jnsanitary inh@bited dwell.ings,
blighted areas, and the availability of low income housing.
Persons desiring to speak before the public heari.ng should record t@eir name and/or
organizati.on they represent with the City Clerk's Office, Telephone 427-4304, or at
the City Clerk's desk in the Ci-ty Council Cliawbcrs before t)ie ineetiog.
l@ic) City Clerk
Mayor Standing indicated he considered this public hearfng as a joint
meetin@. between the Citv Council and the Citizens Advisory Committee.
They have worked long and hard on the problems of housi*g within the
City, and of course with the Community Development Progiram.
The City @lanager indicated that the City has been fortu@ate to receive
Community Development funds, and the committee and the *eighborhoods,
throu.@h their public hearings, have recommended that fucds be expended
on top priority items of water and sewer. Water and sewer contracts
are now underway.
One of the problems that was addressed early in the reccipt of the
Community Development Block Grant funds was after water and sewer
was installed how would the people who live in the home$ receive
water and sewer, especially, if they now had outside weils or privies?
The answer is to put in plumbing and to also improve thc existing con-
ditions inside the housing.
To compound their problem, however, many of the properttes did not
necessarily have clear title to either the land or the $tructure
itself, and in some cases the value of the property or 4ome did not
justify the expenditure of a loan that would be greater than the
value of the house.
The problem that the Community Development had was that there was no
agency, City or private, that could solve the problem of condemning
the land, declare the title, placing the person in propcr housing in
the same neighborhood, without any great expense to thac particular
individual greater than what he was now paying.
The City Manager presented a slide presentation of what the Redevelop-
ment and Housing Authority did for Mount Herman, in Portsmouth, Virginia.
The following people appeared in favor of this matter:
Mrs. Sadye Shaw, President, Newsome Farms Civic League, indicated she
was in favor of the proposed charter changes establishicg a Redevelop-
ment and Housing Authority to provide a vehicle whereby the City may
receive federal funds to assist in the elimination of tclrget areas,
which are in need of assistance in the improvment of hoosing, streets,
recreational facilities, etc.
Mr. Tim Barrow, Planning Consultant, spoke in favor of the formation
of a Redevelopment and Housing Authority, and cited the following
reasons:
1. City could lose its Community Development
funding, unless a means can be found to
deliver the benefits of community develop.
ment funding to the people who most need
i t .
2. Redevelopment and Housing Authority will @e
another tool the City will need to be able
to affectively implement a Comprehensive
Plan for the City.
3. Enable the City to implement a Comprehensive
Housing Policy.
4. Open doors to loan programs
The following appeared in opposition to this matter:
Mr. Tbomas Jennings, Jr., Newlight United Civic League, indicated the
formation of a Redevelopment and Housing Authority woulc be a detriment
to property and homeowners.
Mrs@ Susie D. Whitehurst, Seatack and surrounding area, indicated they
were adverse to the formation of a Redevelopment and Ho@sing Authority
for the following reasons:
1. Such power can be detrimental to the con-
servation of our present communities.
2. Permit the Authority to condemn property.
Mrs. Whitehurst urged Council remedy the problems in thc target areas
by mobilizing the most feasible mechanism that would ell*ble HUD to
release funds for low interest loans and to release funcs for the
completion of community development that have been started but left
undone.
Mr. John L. Perry, L & J Gardens Civic League, read a 1ctter written
by the City Manager to Mrs. Margaret I. White regarding problems in
the target areas, and the property of a prlvate develop r.
Mr. Isaac Herbert, Acting President of the correlition o Black Civic Leagues
against the formation of a Redevelopment and Housing Au hority with
the Council as the Authority members; this would furthe@ grant Council
power to condemn property.
Mrs. Reba McClanan, appeared in opposition to the forma@ion of a
Redevelopment and Housing Authority.
Mrs. Beverly Woodhouse, Virginia Beach NAACP, appeared n opposition
to the formation of a Redevelopment and Housing Author iy. Mrs.
Woodhouse asked where the people in these communities w@re .@oin@,
to live while the redevelopment was taking place? The itizens also
feel that the main purpose of a Housing Authority is th@ condemnation
rights only. The establishment of a separate Housing Ccmmission may
be more acceptable to the members of the Virginia Beach Branch of the
NAACP.
Mayor Standing introduced Mr. Bart Frye, Former Executi@e Director
of the Portsmouth Redevelopment and liousing Authority.
Mr. Frye indicated that after listening to all the spea ers there
may be some misunderstanding with regards to the format on of a
Redevelopment and Housing Authority. The City Mana@er nd the Council's
having a meeting such as this is an example of the fact that they are
trying to make an effort to improve the communities. I@ Virginia Beach
does not use these funds some other City will, and this is an opportunity
to relieve some of the tax burden rather than create on .
Councilman Ervin asked if it would be feasible to have he Citizens
Advisory Committee hold a series of meetings in the @eighborhoods
before the Council hears this matter again?
Mr. Sam Houston, Acting Chairman of the Citizens Advisory Committee,
indicated that the Committee is working for the people Ln these
target areas; and as a Committee they have been working with the
City Manager. The Committee has not made up it's mind, but the
Committee has gotten a very clear impression that many )eODle in
these areas do not realize the advantages that are available in
connection with the formation of a Redevelopment and Holsing Authority.
Money is available, where individuals who are poor, liv in the target
areas, simply do not have the funds to do the things that would be
desirable.
Mr. Barnett Thourogood indicated he felt tbat if you ar2 going to
implement any program you need some indepth study, and to consider
thoroughly every available aspect of this particular prdgram, because
we are talking about people who have roots here in this City, and we
mean to stay here.
Mayor Standing requested a meeting between he, Mr. Hous on, and Mr.
Thourogood to see where tbe City could help tbe Citizen Advisory
Committee to find out in these communities exactly what the desires
area.
ITEM #13083 (Ill - c(a))
On motion by Councilman Ervin, seconded by Councilman M rrick, and
by recorded vote as follows:
Ayes: Councilmen John A. Baum, F. Reid Ervin ' George R Ferrell,
Councilwoman Barbara M. Henley, Clarence A. H.Iland, Do ald W.
Merrick, Councilwoman Meyera E. Oberndorf, and Mayor Pa rick L.
Standing.
Nays: None
Absent; Vice Mayor J. Henry McCoy, Jr., J. Curtis Payn?, and Roger
L. Riggs
City Council voted to approve the following ordinance t) amend and
reordain Article 11 of Chapter 16 of the Code of the Ci:y of Virginia
Beach, Virginia, relating to Fire Protection:
AN ORDINANCE TO AMEND AND REORDAIN
...... ARTICLE II OF CHAPTER 16 OF THE CODE
OF THE CITY OF VIRGINIA BEACH,
VIRGINIA, RELATING TO FIRE PROTECTION.
CITY AT'[OPi4EY
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA @BEACH, VIRGINIA:
That Article II of Chapter 16 of the Code of the City @f Virginia
Beach, Virginia, is hereby amended and reordained as follows:
CHAPTER 16
FIRE PROTECTION
ARTICLE II - FIRE PREVENTION CODE
Section 16-5. Adoption by reference - Amendment.
Pursuant to the provisions of Section 27-5.1, Code of Jirginia, there
is hereby adopted by the City for the purpose of prescribing regilations governing
conditions hazardous to life and property from fire or explosions, that certain
code known as the BOCA Basic Fire Prevention Code, together with Appendices
A, B, C and D, thereto, recommended by the Building Officials ani Code Administra-
tors International, Inc., being particularly the 1978 Edition th@reof and the
whole thereof, save and except such portions as are deleted, modified or amended
in Section 16-6, of which BOCA Basic Fire Prevention Code not le s than three
copies have been and are now filed in the office of the City Cle k, and the
same is hereby adopted and incorporated as fully as if set out i length herein,
and from the date on which this Article shall take effect, the pcovisions thereof
shall be controlling within the limits of the city.
Section 16-6. Amendments, modifications, etc.
The BOCA Basic Fire Prevention Code, adopted by Sectio 16-5, is
amended, modified and changed as follows:
1. Wherever the words "name of jurisdication" are usel, it shall
be held to mean the City of Virginia Beach, Virginia.
2. Wherever the term "fire official" is used, it shall be held to
mean the Chief of the Fire Department of the City of Virginia Beach, Virginia,
or his duly authorized representative.
3. Wherever the term "legal counsel of the municipality" is used,
it shall be held to mean the City Attorney for the City of Virginia Beach,
Virginia.
4. Section F-102.3. Section F-102.3 is hereby amended to read as
follows:
Investigation of Fires: The fire official shall investigate,
or cause to be investigated, every fire or explosion occurring within the munici-
pality that is of a suspicious nature or which involves the loss of life or
serious injury or causes destruction or damage to property. Such investigation
shall be initiated immediately upon the occurrence of such fire or explosion;
and if it appears that such an occurrence is of a suspicious nature, the fire
official shall take charge immediately of the physical evidence, and in order
to preserve any physical evidence relating to the cause or origin of such fire
or explosion, take the means necessary to prevent access by any person or persons
to such building, structure or premises until such evidence has been properly
processed. The fire official shall pursue the investigation to its conclusion.
5. Section F-102.4. Section F-102.4 is hereby amended to read as
follows:
Fire Records: The fire official shall keep a record of all fires
and facts concerning the same, including investigation findings and statistics
and information as to the cause, origin and the extent of such fires and the
damage caused thereby. Investigation reports shall not be open to public inspection
except insofar as the fire official shall permit otherwise.
6. Section F-104.1. Section F-104.1 is hereby deleted.
7. Section F-105.5. Section F-105.5 is hereby amended to read as
follows:
Failure to correct violations: If the notice of violation is
not complied with within the time specified by the fire official, he shall
-2-
institute the appropriate legal proceedings to restrain, correct or abate such
violation or to require retnoval or termination of the unlawful use of the buildings
or structures in violation of the provisions of this code or of any order or
direction made pursuant thereto. The temporary correction of a violation shall
not prevent the fire official from instituting appropriate action in cases
where two or more notices of violation have been issued for the same violation.
8. Section F-105.5.2. Section F-105.5.2 is hereby amended to read
as follows:
"Correction of violation required: The imposition of the penalties
herein described shall not prevent the fire official of the municipality from
instituting appropriate action to prevent unlawful construction or to restrain,
correct or abate a violation, or to prevent illegal occupancy of a building,
structure or premises or to stop an illegal act, conduct businesses or use
a building or structure in or about any premises.
9. Section F-107.3. Section F-107.3 is hereby amended to read
as follows:
Responsibility to update fire safety plan: It shall be the
responsibility of the owner or his agent to promptly update the fire safety
plan and evacuation procedures up n clanges in occupancy, use or physical arrange-
ment. The fire safety plan and evacuation procedures shall be posted in a
conspicuous location as designated by the fire official,
10. Section F-201.0. Section F-201.0 is hereby amended by adding
the following definition:
Overcrowding: Exceeding the maximum occupancy load of any
occupancy as prescribed by this code or the building code; or the arrangement
of occupants in such a manner as to block any means of egress.
11. Section F-301.1. Section F-301.1 is hereby amended to read
as follows:
General: The burning of rubbish shall be prohibited. The burning
of leaves will be permitted in accordance with Chapter 16, Article IV, of the
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Virginia Beach City Code. Bonfires may be permitted only under the following
conditions and subject to any air pollution laws adopted by the municipality.
12. Section F-301.2. Section F-301.2 is hereby amended to read as
follows:
Permit required. A person shall not kindle or maintain any bonfire
or authorize any such fire to be kindled or maintained on any premises without
having obtained a permit or other proper authorization from the fire official.
All permits shall be requested by and issued to the owner of the land upon which
the bonfire is to be kindled, or his authorized agent.
13. Section F-305.3. Section F-305.3 is hereby amended to read as
follows:
Inside storage: Storage in buildings and structures shall be
orderly, shall not be within two (2) feet of the lowest part of the ceiling
assembly, and shall be located so as not to obstruct egress from the building.
14. Section F-308.3. Section F-308.3 is hereby deleted.
15. Section F-312.0. A new Section F-312.0 is hereby added to read
as follows:
Materials and equipment:
(a) Except for light sources such as incandescent and gaseous
discharge lamps, it shall be unlawful for any person to sell, offer for sale, or
display for sale for use in the city any electrical materiat, device, appliance,
or equipment designed or intended for the consumption, transmission or use of
electric current and for attachment to an installation on any electric current
or electric system in the city, for use in the city, unless such material, device,
appliance or equipment shall have been approved by the Underwriters' Laboratories,
Inc., as indicated by its label, attached thereto, and also listed in the latest
available publication of its manual entitled "List of Inspected Electrical
Equipment."
(b) It shall be unlawful for any person to install or
connect on any electrical current or electrical system in the city any wiring,
-4-
electrical material, device, appliance, or equipment designated and intended
for the consumption, transmission and use of electric current unless such wiring,
electrical material, device or appliance and equipment shall have been approved
as set forth in paragraph (a) hereof.
(c) Any stamp or label affixed to any such wiring, material,
device, or appliance, or equipment indicating such approval shall be prima
facie evidence that the same complies with the provisions of this section.
(d) The provisions of paragraph (b) hereof shall not apply
to installations and connections made by public service corporations in their
plants and stations used exclusively for their own business.
16. Section F-400.2. Section F-400.2 is hereby amended to read
as follows:
Installations: Before any fire alarm, detection or fire suppression
system is installed, enlarged or extended, a permit shall be secured from the
building official. Plans and specifications shall be reviewed and approved
by the fire official prior to the issuance of the building permit.
17. Section F-406.2.1. Section F-406.2.1 is hereby amended to
read as follows:
Existing cooking operations: All existing food operations
in all occupancies, except individual dwelling units, which are not protected
by an automatic fire suppression system shall be provided with an approved
fire suppression system.
18. Section F-407.1. Section F-407.1 is hereby amended to read
as follows:
General: All hand operated auxiliary fire extinguishing equipment
shall be of an approved size and type suitable to the occupational use of the
building and shall be installed in corridors or other locations, visible and
readily accessible to the occupants of the building in accordance with NFIPA
No. 10 listed in Appendix B. All portable fire extinquishers shall be serviced
annually bv an adoroved agenc,y licensed to conduct business within the City.
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19. Section F-407.6. A new Section F-407.6 is hereby added as
follows:
Minimum size: Minimum size of portable fire extinguishers
shall be 2-A: 20-B:C.
20. Section F-503.5. Section F-503.5 is hereby amended to read
as follows:
Elevator warning signs: All elevator lobby call stations on
all floor levels in buildings shall be marked with approved signs reading as
follows: Use Stairway In Case of Fire - Do Not Use Elevators. The requirements
of this section shall apply to existing as well as new buildings.
21. Section F-800.1. Section F-800.1 is hereby amended to read
as follows:
Permit required: A permit shall be obtained from the fire
official for all bowling pin refinishing and bowling lane resurfacing and refinish-
ing operations.
22. Section F-801.2. Section F-801.2 is hereby amended to read
as follows:
Waste materials: A metal waste can with self-closing cover
shall be provided for all waste materials and rags, and the contents shall
be removed from the building at the end of each working day.
23. Section F-1600.4. Section F-1600.4 is hereby amended to read
as follows:
Posting of maximum occupancy load: Each place of assembly
shall be posted with an approved legible sign in contrasting colors, conspicuously
located, stating the maximum number of occupants permitted within such space.
The number of occupants permitted shall be detemined by the capacity of the
floor area as set forth in Article 6 of the building code. Minimum egress
facilities for assembly occupancies shall be provided as established in the
building code. The owner or operator shall be responsible for installing and
maintaining such signs.
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24. Section F-1602.1.2. Section F-1602.1.2 is hereby amended to
read as follows:
Overhead and decorative material: All overhead decorative
material suspended from ceilings or attached to walls shall be inherently flame
retardant or rendered flameproof by acceptable, approved methods.
25. Section F-1602.3. A new Section F-1602.3 is her ded as
follows:
Fue
with a globe and suoported on a base of adequate size and weight to prevent
tipover. Fuels used in such lamps and candles shall not have a flashpoint
less than 2000 Fahrenheit as determined by a nationally recognized testing
laboratory. Upon request of the fire offical, documentation and test data
shall be furnished for verification.
26. Section F-1602.4. A new Section F-1602.4 is hereby added as
follows:
Live or cut trees: The use of live or cut coniferous trees
shall be prohibited in all places of assembly unless approved by the fire
official.
27. Section F-1602.4.1. A new Section F-1602.4.1 is hereby added
as follows:
Artificial trees: Artificial trees may be used without lights
if they have been satisfactorily tested by a nationally approved testinq laboratorv
and meet with the approval of the fire official.
28. Section F-1602.4.2. A new Section F-1602.4.2 is hereby added
as follows:
Lighting on artificial trees: Lighting shall not be used on-
artificial trees unless they are in conformance with specifications of a
nationally recognized testing agency,
29. Section F-1604.6.1. A new Section F-1604.6.1 is hereb added
as follows:
Emergency lighting: Approved emergency lighting shall be provided
in all new and existing places of assembly for the illumination of all means
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of egress. Emergency lighting shall be provided from an approved auxiliary
power source to assure continued illumination in case of emergency or primary
power loss.
30. Section F-1701.1. Section F-1701.1 is hereby amended to read
as follows:
General: Flammable and combustible liquids used or intended
to be used as fuel for motor vehicles shall be stored in underground tanks
on the premises in conformance with Article 28. Flammable and cumbustible
fuel may be stored in approved containers inside a building provided the total
amount does not exceed one hundred twenty (120) gallons.
31. Section F-1702.2. Section F-1702.2 is hereby amended to read
as follows:
Special dispensers: Automatic Dispensing Units and Self-Service
Gasoline Filling Stations. The installation and use of coin-operated dispensing
devices for Class I flammable liquids and the operation of a self-service gasoline
filling station are prohibited. No gasoline or other motor fuel shall be dispensed
at or in any automatic filling station, or any public filling station, or other
place of business, by any self-help, or any coin-operated pump, or other dispensing
device, or by any other person than by the owner, lessee or a duly authorized
attendant employed by such owner or lessee for such purpose.
The foregoing prohibitions shall not apply to the dispensing
of motor fuels from facilities which are continually supervised by qualified
personnel, and such supervisions are provided positive safety control equipment
approved by the Fire Prevention Bureau. Failure to provide required supervision
shall be grounds for immediate termination of permission to operate.
32. Section F-1703.3. Section F-1703.3 is hereby amended to read
as follows:
Nozzles: Dispenser hoses for self-service fueling operations
shall be devoid of any type of device that locks the nozzle in an open position.
All dispenser hoses shall be equipped with automatic self-closing type nozzles.
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33. Section F-2000.3. Section F-2000.3 is hereby amended to read
as follows:
Location: No automobile wrecking yard, automotive graveyard,
junkyard, or waste material handling plant shall be located as to seriously
expose adjoining or adjacent property and shall be fenced in such a manner
as to hide said wrecking yard, junkyard or waste material handling plant from
the public's view.
Before issuing a permit for any building or structure for use
in connection with a wrecking yard, junkyard, or waste material handling plant,
the building official and fire official will jointly stipulate the necessary
safeguards and provisions under this section.
34. Section F-2001.4. Section F-2001.4 is hereby amended to read
as follows:
Burning operations: The burning of wrecked or discarded vehicles,
or any parts thereof, or junk, or any waste materials is hereby prohibited.
35. Section F-2401.5. Section F-2401.5 is hereby amended to read
as follows:
Agricultural products: A person shall not store hay, straw,
or similar agricultural products adjacent to buildings or combustible material
unless a cleared horizontal distance equal to the height of the pile is maintained
between such storage pile and combustible material and/or buildings. Storage
shall not be permitted within fifteen (15) feet of any building opening, means
of egress, glass window, or canopy. Such storage shall be limited to stacks
of one hundred (100) tons each. Unlimited quantities of hay, straw, and other
agricultural products may be stored in or near farm buildings located outside
closely-built areas. A permit shall not be required for agricultural storage.
36. Section F-2800.3. Section F-2800.3 is hereby amended to read
as follows:
Permit applications: Applications for permits shall be made
in writing at least thirty (30) days in advance of the date of the display or
-9-
discharge of fireworks. The sale, possession, use and distribution of fireworks
for such display shall be lawful under the tems and conditions approved with
the permit and for that purpose only. A permit granted hereunder shall not
be transferable, nor shall any such permit be extended beyond the dates set
out therein.
37. Section F-2900.3. Section F-2900.3 is hereby amended to read
as follows:
Permit applications: Except for underground tanks containing
Class III flammable liquids installed in residential areas, the installation
of all underground tanks for the storage of Class I, Class II, and Class III
flannable liquids shall be inspected by the fire official and a permit issued
before being covered. Inspection requests shall be submitted to the Fire
Inspector's Office and written approval obtained prior to covering.
38. Section F-2904.5. Section F2904.5 is hereby amended to read
as follows:
Testing: All underground flammable liquid storage tanks shall
be subjected to tests as required by the fire official.
39. Section F-2906.1.1. Section F-2906.1.1 is hereby amended to
read as follows:
Interior storage rooms: At least one (1) portable extinguisher
having a minimum rating of not less than 2-A:20B:C shall be located outside
of but not more than ten (10) feet from the door opening into any interior
storage room.
40. Section F-2907.1.2(3). Section F-2907.1.2 is hereby amended
by adding thereto a new subparagraph 3 as follows:
3. Portable manual fire extinguisher requirement: Portable
manual fire extinguishing equipment shall be provided for
each tank vehicle. At least one portable extinguisher
having a rating of at least four (4)-A:forty (40)B:C shall
be provided.
-10-
41. Section F-3104.5. A new Section F-3104.5 is hereby added as
follows'
Security of installations: All installations shall be ,protected
from vehicular damage and vandalism by a non-combustible e~closure that will
allow external visual inspection of the installation and prevent accumulation
of vapors within the enclosure.
42. Appendix B. Appendix B is herebS amended by substituting under
"Fire Protection Systems" the following:
Extinguishers, Portable Fire - Standard for the Installation,
Maintenance and Use of ............... NFiPA 10-78
Section 16-7. Appeals.
Whenever an application for a permit has been disapproved or not
granted or when it is claimed that the provisions of the BOCA Basic Fire Prevention
Code, as adopted in this article, do not apply or that the true intent and
meaning in such BOCA Basic Fire Prevention Code have been misconstrued or wrongly
interpreted, the applicant or person aggrieved may appeal such refusal or decision
from which the appeal is to be taken.
Section 16-8. New materials, processes or occupancies which may require permits.
The city manager, fire official and the building official shall
act as a committee to determine and specify, after giving affected persons
an opportunity to be heard, any new materials, processes or occupancies, which
shall require permits, in addition to those now enumerated in the BOCA Basic
Fire Prevention Code, adopted as provided in this article.
The fire official shall post such lists in a conspicuous place in
his'office and distribute copies thereof to interest persons.
Section 16-9. Modifications.
The fire official shall have the power to modify any of the provisions
of the BOCA Basic Fire Prevention Code, adopted as provided in this article,
upon application in writing by the owner or lessee or his duly authorized agent,
when there are practical difficulties in the way of carrying out the strict
letter of such BOCA Basic Fire Prevention Code; provided that the spirit of
such BOCA Basic Fire Prevention Code shall be observed, public safety secured
and substantial justice done. Such modifications shall be subject to the approval
of the city manaqer. The particulars of such modifications when granted or
allowed and the decision of the fire official thereon shall be entered upon
the records of the fire department and a signed copy shall be furnished the
applicant.
Section 16-10. Conflict, etc., with other ordinances.
In the event of conflict or inconsistency between the provisions
of the BOCA Basic Fire Prevention Code as adopted in this article, and the
provisions of any other ordinance of the city, the more stringent provisions
shall prevail.
Section 6-11. When and where copies may be obtained.
Copies of the BOCA Basic Fire Prevention Code, as adopted in this
article, may be obtained at the office of the fire department during the regular
business hours.
Section 16-12. Penalties.
Any person who shall violate any of the provisions of the BOCA Basic
Fire Prevention Code as adopted in this article, or fails to comply therewith,
or who shall violate or fail to comply with any order made thereunder, or who
shall build in violation of any detailed statement of specifications or plans
submitted and approved thereunder, or any certificate or permit issued thereunder,
and from which no appeal has been taken, or who shall fail to comply with such
an order as affirmed or modified by the city council or by a court of competent
jurisdiction, within the time fixed herein, shall severally for each and every
such violation and noncompliance, respectively, be guilty of a misdemeanor
-12-
and be punished by a fine not exceeding one thousand dollars or by imprisonment
in jail not exceeding twelve months or by both such fine and imprisonment.
The imposition of one penalty for any violation shall not excuse
the violation or permit it to be continued; and all such persons shall be required
to correct or remedy such violations or defects within a reasonable time; and
when not otherwise specified, each ten days that prohibited conditions are
maintained shall constitute a separate offense.
The application of the above penalty shall not be held to prevent
the enforced removal of prohibited conditions.
Adopted by the Council of the City of Virginia Beach, Virginia,
on the 4th day of December 1978.
ITEM #13084 (III - c(b))
On motion by Councilman Baum, seconded by Councilman Ervin, and by
recorded vote as follows:
Ayes: Councilmen John A. Baum, F. Reid Er,in, George R. Ferrell,
Councilwoman Barbara M. Henley, Clarence A. Holland, Donald W.
Merrick, Councilwoman meyera E. Oberndorf, and mayor Patri,k L.
Standing
Nays: None
Absent: vice Mayor J. Henry mccoy, Jr., j. Curtis Payne, and Roger
L. Riggs
City Council voted to approve the followins ordinance appointing
viewers in the matter of the application of Henry A. Sho.k ,nd
Phyllis S. Shook for the Petition for the closure of a portio, f
Hill Road, in the Lynnhaven Borough:
-13-
IN THE MATTER OF CLOSING, VACAT114G AND DISCONTI@IUII,@G THAT CERTAIN STREET
OF VARIABLE WID-Iii, KNO@4@i AS HILL ROI@ID, AS cl:J.O'J@l UPO,,,l THAT CERTAIN SURVEY
ENTITLED, "SLIRVEY OF IIILL ROAD AS SHO@-IN ON PLAT ENTITLED 'LAKE SFIORE
PARK', VIRGINIA BEACti, VIRGINIA", @IHICH SURVEY IS ATTACFIED HERETO.
E T I T I ON
TO: THE MAYOR AND THE @IEVBERS OF T@iE COUNCIL OF THE
CITY OF VIRGINIA BEACti, VIRGINIA
Your p(,titioiiers, Henry A. Shook and Phyllis S. Shook, by counsel,
respectfully represent as folIO1/2qs:
1. That, pursuant to the provisions of Section 15.1-364 of the
1950 Code of Virginia, as amended, the petitioners apply for the vacating,
closing, and discontinuance of that certain street, which is more
specifically described as follows:
Hill Road beginning at a point which is located with respect to the
intersectioti of the northern right of way line of Bay Colony Drive
(fornierly Sunset Shores Parkway) and tlie western lot line of Lot
I as shown on the plat entitled "Division of Sites 3, 4 & 5
Located in Lake Shore Park, Princess Anne Co. , Va. , liade For t4atts
Hill, Scale 1" -- 50', August 3, 1950" and recorded in the Clerk's
Office of the Circuit Court of the City of Virginia Beach, Virginia,
in Map Book 115, at page 22 as follows: From said point of inter-
section along the said northern right of way line of Bay Colony
Drive South 89@ 24' East for a distance of 109.10 feet to a point
which is the true point of beginning; and froni said point of
beginning to the left along tlie arc of a curve having a radius of
25.00 feet for an arc distance of 39.27 feet to a poiiit in the
western right of @,iay line of Hill Road; t[ience along said @,iestern
riglit of viay li@ie of Hill Road North 00' 36' East for a distance of
125.00 feet to a pil)e; thence @loi-th 12' 47' East for a distal,@ce of
236.7 feet, more or less, to a pin in the shore line of Crystal
Lake ("first sliore line piii"); thcnce in a get,lerally soutliels'@-el@n
direction along th-, shore lit)e of Crystal Lake to a pin ("secord
sliore line piti") in tlie easterii riglit of @.,,ay litie. of Hill Poad,
whicli second sliore line pin is located with reference to the first
shore line pin as follo%,is: Froiii said first shoi-e line pin Sotith
12* 47' West foi@ a distance of 19 feet, inore oi, less, to a pin;
thence Soutli 81@ 16' 24" East 15.35 feet to tlie said second stiore
line pin; and contiiiuing froin said second stiore line pin along thc-
eastern riglit of way line of l@ill Road South 12@ 47' I-lest foi, a
o@ Sn@itli O" 36' @!@@st
ol o
arc of a curve having a @-adius of twei)ty-fiv(-, fe(,t ar, arc
of 39.27 feet-to a point in the north riglit of tqay line of Biy
Coloii@, Drive; tlieiice riortl) 89@ 24' @@,,st along thc north riolit C)IC
way line of L',:Iy Colony Di@ive for, a distiince of 610 flet to tl)L, i,oi;it
of beginning.
Said parcel of land beiiig Hill Road, as shown on that certain
survey entitled, "Stirvey of ilill Road As Stioein On Plat Entitled 'Lake
Shore Park', Virginia Beach, Virginia" viliich survey is attached hereto
and made a part hereof and intended to be recorded with the Ordinance
closing the aforedescribed street.
2. That no inconvenience will result to any persons by reason of
said closing, vacation, and discontinuance of said street; and the
petitioiiers pray that this Honorable Council appoint viewers as provided
by law to view said platted street proposed to be closed and to report
in writing to the Council on or before the 22nd day of January, 1979,
as to wliether in the opinion of said Viewers, what inconvenience, if any,
would result from the discontinuance and closing of t he said street, as
herein reported and described.
3. -That on the 17th day ()f November, 1978, Notice of the
presenting of this Application was posted at the Courthouse of the
Circuit Court of tlie City of Virginia Beach, Virginia, on the premises
to be closed, and at the City Hall Annex, 19th Street and Arctic
Avenue, Virgiiiia Beach, Virginia, as evidenced by the Affidavit
attached hereto, and a copy of said Notice.
4. That the petitioners are the fee siliple owners of all land
along both sides of and adjacent to the platted street to be closed
and consequeiitly, your petitioners are the only lando1/2vners affected
by the same.
Respectfully submitted,
HENRY A. SHOOK and PHYLLIS S. SfiOOK
By
Robert C. Miller
1010 Plaza Otie
P. 0. Box 3508
Norfolk, Vii,giiiia 23514
ORDII@AtICE VIF@4EIZS
WHEREAS, fiENRY A. S@IOOK aiid PliYLLIS S. SliOOK, have given due
and propoi- notice, in accordatice with tlie statutes for such cases niade
and provided that tliey will on tlie 4th day of December, 1978, apply to
the City Council of the City of Virginia Beach, Virginia, for the
appointnient of Vieviers to vievi tile below-.described property and report
in writing to the Council whetlier, in the opinion of said Viewers, any,
and if any, what inconvenience would result from the discontinuance of
the hereinafter described street of variable width, and have filed such
application with said Council.
NOW, THEREFORE, be it ORDAINED by the Council o,f the City of
Virginia Beach, Virginia:
THAT C. Oral Lambert
George E. Tinnes and
Robert J. Scott are hereby
appointed to vievi the below described property and report in writing
to the Council on or before January 22, 1979, whether in their opinion,
any, and if any, viliat inconvenience would result in the discontinuing
and vacating that certain street of variable lqidth located in the City
of Virginia Beach, Virginia, and niore particularly described as follows:
Hill Road beginriing at a point which is located with respect to the
intei-section of tlie northern rigiit of %qay line of Bay Colony Drive
(formerly Stinset Sliores Park@.,,ay) and the western lot line of Lot I
as slio@-@n on the plat eiititled "Division o.@ Sites 3, 4 & 5 Localled
in Lake Stiore Pai-k, Princess Aiine Co., Va., tlade For @,latts Hill,
Scale 1" = 50', Atigust 3, 1950" and rccorded in the Clerk's Office
of tl)e Cii-cuit Cotii't of the City of Virginia Beach, Virginia, in
Map Book 115, it page 22 as follo@,@s: F)-oill said [)Oillt of inter-
sectioii alcii(li tlie said northei-n rigtit of @@,,ay line of Bay Colony
Drive Sotitli 89' 24' East foi- a distai@ce of 109.10 feet to a point
wliicii is tlie ti@tie point of beginning; and irom said poiiit of
begitining to the left aloiig tlie arc of a cul-ve havil)g a radius of
25.00 feet for an arc distance of 39.27 feet to a point in tlie
i,iestern riglit of %,jay Iiiie of @lill Road; thence along said viestern
right of %@ay litie of []ill Road f4oi,th 00@ 36' East for a distatice of
hil 2@- 47'
1 25. 00 fet13 4 zi (i
@36.7 fcet wore or 'less, to a pin n tlie s@10"c@ lilic@ C)f C"Y-,,-@@l
Lake ("fir, iii"); therice in a generally soutticastel-n
t slic)i-e line p
direction nq tlie shore litic of Crystal La@,e to a pirt ("secoild
shore linc- stern r@y@t of %qa.Y line of tiill t@oad,
wliich secc in is located @qith r--ference to,ttie first
sliore lin( : From said first slioi@e line pin Sout@,
121 47' I,IE ce of 19 feet, iiiore or less, to a pin;
thence Soi East 15.35 feet to tlie said second sllore
line pin; from said secotid sliore line pin along the
eastern rglit of 1/2,,ay line of Iiill Poad South 12@ 47' @iest for a
distaiice f 147.57 feet to a pin; tbqnce South O@ 36' West for a
distance of 191.38 feet to a point; tlieiice to the left alot)g tlie
arc of acurve liaving a radius of t@qenty-five feet an arc distance
of 39.27 feet to a point in the north right of @%iay line of Bay
Colony Drive; thence North 89@ 24' Vlest alon9fttie north right of.
way line of Bay Colony Drive for a distaiice o 80 feet to the point
of b.eginning.
All the above iS Sho%qn upon that certain survey entitled, "Survey
Of Hill Road As Sho%qn On Plat Entitled 'Lake Shore Park,, Virginia
Beach, Virginia", which survey is attached hereto and made a part hereof
and intended to be recorded with tlie Ordinance closing the aforedescribed
street.
Adopted by th. C..ncil of the CitY ,f Virginia Bea,b, Virginia,
on the 4day of December, 1978
ITEM #13085 (Iii
On motion by C,,@ncilman Ferrell, ,econded 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, Donald W.
Merrick, CouncilwOman Meyera E. Oberndorf, and mayor Pat,ick L.
Standing
Nays: None
Absent: Vice Mayor J. Henry mccoy, Jr., j. Curtis Payne, and Roger
L. Riggs
to a@@Tove, t,Re iolioAill?, taA TefUndS in t@e a@.@@t
O-.(DAI':IL) l@y "CifE CC)@ill@C([, O@. 'i (;Iiy Oi.
f 0 for tax T.-e Llacl,
$923. 7 5
TAX '.L'Y P F D
OF 'ii\X @CT@ON 'O. P.!,T-D TO'fil@L
1978 CD 84495
Croley, Karen L. 4/20/78 is.00
CI)ar,ce, 14. Sc,@)tt 1978 CD 46225 11/3/78 7.50
Rodgers, 11. & V. 1-976 )0511,99-0 6/8/76 18.59
Rodge .rs, Ii. & V. 1976 @',E(2/'I)051409-0 12/5/76 18.59
@IcCulla@,h Leasi-vg 1978 PP 060639 6/1/78 195 '.2-4
Bowen, Calvin C. 1977 PP 9520 il/25/7-/' 102.31
CartNqriglit, H.or G. 1978 PP 113217 10/16/7P. 20.28
Love, Adria@ C. 1978 PP 114145 10/1-8/78 .14.28
'gyrd, Edward G. -1978 -PP 11@3172 .10/17/7F 264.'(iO-
Orn, Lyl(@ L. 1978 PP 069319 5/i/7F, -5'..@40
@fi-rE,I'nia Beach
.Bank of.Conin)erce 1978 PP. 094538. 5/17/78 f25;.58-
)3a,ik of Virginia
B6acli 1978 P-P 0014501 5/15/78 13.6.39
Tlic, zbo%re, to
9@3 . 7 5
t,.qe cot!,-Icil C)@ tl,.E@ C:i,:y of-
c)-i t--Iie 4 doy of p@
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Ci y CI(@rl,
ITEM #13086 (ITT - f)
On motion by Councilman Ervin, 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, Donald W.
Merrick, Councilwoman Meyera E. Oberndorf, and Mayor Patrick L.
Standing
Nays: None
Absent: Vice Mayor J. Henry McCoy, Jr., J. Curti.s Payne, and Roger
L. Riggs.
City Council voted to approve on first reading the following ordinance
to appropriate $47,000 for repairs to the Diamond Springs Road Bridges
over waterworks canal:
AN ORDIN,%NCI' TO APPI@OPRI@TF $47,000
FOR REPAIRS TO THE DIA,@10,ND SPRINGS
ROAD BRII)GES OVI,'R IIATI@'R'.IOIZYS CANAL
WHERF-AS, iipon recent inspections by @IcGaughy, Ilarsl,all & Ycllillan,
I
Consulting Engineers, of the Dianiond,Springs Road Bridges, several structural
deficiencies were noted; and
1411EREAS, the industri-a-L and commercial use of tliese bridges result
in Iiigh use by heavy vehi-cl-es; ana
WHEREAS, if repairs are not made in the near ftiture, further deter-
iotation will. result.
TIIEREFORE, BE IT ORDAII@ED BY THE COUNTCIL OF THE ClTy OF VIRGINIA BEACH,
VIRGINIA:
THAT the ainount of $47,000 is hereby appropriated to tlie Highway
Division for purposes of nial(iiie the iiecessary repairs to the aforesaid bridges
and the City Manager is alithorized to enter into the necessary agreements to
accomplish same.
FIRST READING: December 4. 1978
SECOND READING:
ADOPTED by the Council of the City of Virginia Beach oii the
day of 1.978.
ITEM #13087 (iii - g)
Councilman Ervin indicated he wished to present a resolution to Council
to delete project 2-601, Atlantic Avenue, from the Virginia Beach Capital
Improvements Program, and introduced Mr. Edward L. Dashiell, President,
North Virginia Beach Civic League, who wished to speak on this matter.
Mr. Dashiell indicated that the civic league noted with concern that
the current Capital Improvements Program includes a project for the
construction of a six-lane highway through the heart of the community
from 83rd to 42nd Streets; and further note that the proposed location
of pumping stations for the ongoing sanitary sewer and draina@e systems
abuts the western boundary of existing Atlantic Avenue paved surface,
thereby effectively precluding any practicable alternative for the
improvement of Atlantic Avenue other than that set forth in the Capital
Improvement Program.
Mr. Dashiell requested the Council to do the following:
1. Direct the removal of the six-lane project from
tbe current Capital Tmprovements Program;
2. Order the relocation of the aforementioned pumping
stations to the westward of their presently planned
site in order to provide the necessar@ flexibility
for future modest improvements to the four-lane
Atlantic Avenue (such as curbs, sidewalks and left-
turn lanes) while allowing maximum retention of the
existing median strip.
Mr. Dashiell presented a petition to Council opposing the proposed
expansion of Atlantic Avenue to six traffic lanes. A copy of the
petition is on file in the Office of the City Clerk.
Councilman Ervin made a motion, seconded by Councilman Merrick, to
adopt the following resolution instructing the City Manager to remove
Project 2-601, Atlantic Avenue, from the Virginia Beach Capital
Improvements Program. The recorded vote is as follows:
Ayes: Councilmen John A. Baum, F. Reid Ervin, George R. Ferrell,
Councilwoman Barbara M. Henley, Clarence A. Holland, Donald W.
Merrick, Councilwoman Meyera E. Oberndorf, and Mayor Patrick L.
Standing
Nays: None
Absent: Vice Mayor J. Henry McCoy, Jr., J. Curtis Payne, and Ro@.er
L. Riggs.
City Council voted to adopt the following resolution instructing the
City Manager to remove Project 2-601, Atlantic Avenue, from the Virginia
Beach Capital Tmprovements Program.
RESOLUTION INSTRUCTING THE CITY MANAGER TO REMOVE
PROJECT 2-601, ATLANTTC AVENUE, FROM THE VIRGINIA
BEACH CAPITAL IMPROVEMETQTS PROGRAM.
WHEREAS, Project 2-601, entitled Atlantic Avenue, as shown in
the 1978-1983 Capital Improvements Program provides for the futtire
construction of a six-lane parkway from 83rd Street to Pacific
Avenue, and
WHEREAS, said project will essentially destroy tbe existing
parkway median, the beautiful plantings therein and the service
road oii the West side of Atlantic Avenue, and
WHEREAS, there is no demonstrated need for said project which
is to be totally financed by local funds,
NOW, THEREFORE, BE TT RESOLVED that the City Manager is hereby
directed to remove the project from the 1978-1983 Capital Improvements
Program.
BE TT FURTHER RESOLVED, that the City Manager is directed to
relocate all proposed future Storm and Sanitary Sewer pumping stations
westward of their presently planned location a distance sufficient to
accomplish the following:
1. The future improvement of Atlantic Avenue consisting of
four lanes with center median of sufficient width to pro-
vide left turn stacking lanes for both North and Soutb
bound traffic.
2. The retention of as much of the present service road and
the existing median as possible.
The City Manager is hereby directed to note this action in
the CTP as shown on the attached sample.
Adopted by the Council of the City of Virginia Beach, Virginia,
on the 4th day of December, 1978.
ITEM #13088 (III - g)
Mayor Standing appointed Councilman Baum, Councilwoman Henley, and
Councilwoman Oberndorf, to a committee to revise the procedures now
used in preparing the agenda.
ITEM #13089
On motion by Councilman Ervin, 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, Donald W.
Merrick, Councilwoman Meyera E. Oberndorf, and Mayor Patrick L.
Standing
Nays: None
Absent: Vice Mayor J. Henry McCoy, Jr., J. Curtis Payne, and Roger
L. Riggs
City Council voted to adjourn the meeting at 10:30 p.m.
Richard J. Webbon, City Clerk Standing
City of Virginia Beacb,
Virginia
December 4, 1978
h
HONORABLE MAYOR AND MEMBERS OF COUNCIL:
DUE TO THE ABSENCE OF THE CTTY CLERK AND THE CITY CLERK
DESTGNATE, IT IS REQUESTED THAT THE MTNUTES FOR THE MEETING
OF DECEMBER 4, 1978, BE DEFERRED ONE WEEK. THEY ARE, HOWEVER,
PLACED TN YOUR AGENDA FOR YOUR PERUSAL.