NOVEMBER 20, 1978
November 20, 1978
INFORMAL SESSION - COUNCIL CHAMBERS
1:00 P.M.
1. Coastliiie Management Program Presentat4@on
2. Indian River Road/Kempsville Road Project
3. City Charter Change Proposals:
a. creation of a Redeveloprnent and Housing Authority
b. Personnel Board and Personnel Department
subpoena power
4. Municipal Services Survey
APPOINTMENTS (As per City Clerk's letter of October 6, 1978)
Virginia Beach School Board
Mr. Robert DeFord, Chairman (at large)
Mr. Edward T. Caton, III (Lynnhaven)
Mrs. Ann N. Taylor (at large)
Mr. Robert L. Frost (Blackwater)
All three-year teri.'Is expiring 12/31,/78
Southeastern Virgillia Areawide Model Program
Mrs. Helma Gungee
Dr. William B. Crawford (should be replaced
by Dr. Sjolund or Dr. Eaton)
Terms expiring 6/30/78
Wetlands Board
Mr. David Stormont, III
Term expires 12/31/78
Planning Commissiori
Mr. Herman R. Bonney
Mr. James C. Donnelly
Mrs. Nancy McClees
Mr. Harold Crawford
Mr. Robert Watlington
All four-year terms expiring 12/31/78
Board of Electical Examiners
Mr. Joseph M. Dodd
Mr. Harold D. Smith
Terms expire 6/30/78
Building Board of Adjustments and Appeals
Mr. Frank I. Adkins
Mr. G. R. Schell
Terms expire 6/30/78
CITY OF VIRGINII BEICH
MUNICIPAL CENTER
'/IRGINIA BEACH, VIRGINIA 23456
MAYOR PATRICK L. STANDING, At L.,g@ CLARENCE A. HOLLAND, M.D., B.y@id. 8 .... gh
VICE MAYOR J. HENRY M,COY JR., D.D.S., K@.p.@ill, B .... gh DONALD W. MERRICK, Ly..b.,.@ B .... gh
JOHN A. BAUM, Bi.,k..i@, B.-.gh MEYERA E. OBERNDORF, At L.,g@
F. REID ERVIN, At L.,g@ J. CUI?TIS PAYNE, P,i.,@@, A..@ B.,..gh
GEORGE R, FERRELL, At L.,g@ ROGER L. RIGGS, Vigi.i. B@.,b B.,@.gb
BARBARA M. HENLEY, P..g. B.,..gh A G E N D A RICHARD 1. WEBBON,.City Cl@,k
The City Council of the City of Virginia Beach, Virginia, will assemble in the Administration
Building, Princess Anne Borough, Virginia Beach, Virginia, in Regular Session, at 1:00 p.m.,
on Monday, Noveriber 20, 1978 for the purpose of condticting public business and will hear and
act upon the J-ollowing items:
1. Call to oyder by the Honorab@e Patrick L. Standiiig, Mayor, in the Council Conference Room.
2. Roll Call of the Council.
3. Motion to recess into Informz,l Discussion and ExE@cutive Session. Upon conclusion of the
Executive SessiOn, City Council will reconvene irl the City Council Chambers.
4. Invocation will be given at 2:00 p.m., by the Reverend Father Alfred Grotzinger, Saint
Gregory the Great Catholic Church, Virginia Beach, Virginia. Please remain standing for
the Pledge of Allegiance.
5. Roll Call of the Council.
6a. Minutes of the Regular Meeting of November 6, 1978 to be presented for acceptance and
approval.
b. Minutes of the Special Meeting of November 6, 1978 to be presented for acceptance and
approval.
c. Minutes of the Regular Meeting of November 13, 1978 to be presented for acceptance and
approval.
d. Minutes of the Special Meeting of November 13, 1978 to be presented for acceptance and
approval.
e. Minutes of the Special Meeting of November 15, 1978 to be presented for acceptance and
approval.
7. All matters listed under the consent agenda are considered to be routine by the City
Council and will be enacted by one motion in the form listed. There will be no separate
discussion of these items. If discussion is desired, that item will be removed from the
consent agenda and considered saparately.
a. Letter from the City Manager recommending that City Council approve an ordinance to
amend and reordain Sections 22-41, 22-45, 22-82, 22-84.2, 22-90, 22-149, 22-176, 22-1-99,
22-205 and 22-221 of the City Code relating to motor vehicles.
b. Letter from the City Manager recommending that City Council adopt a Resolution which
will allow submittal of a proposal for a Youth Employment Program (Youth Conservation
Corps) to be administered through the Commission of Outdoor Recreation to permit the
formulation, approval and funding of this l,r(,ject. The total grant award will be for
$16,711; $13,601 is federal; $1,300 State in-kind match; and $1,810 local in-kind mat(@li.
C. Letter from the City Manager recommending that City Council approve an ordinance to
enter into a contract totalling $2,122 with the Southeastern Virginia Planning District
Commission and to appropriate these ftinds:
Estimated Revenue Total
From Oth -4 encies
Planning Intern $2,122 $2,122
d. Letter from the City Manager recommending that City Council approve the following
ordinances:
a. An ordinance to authorize temporary encr(,achments into a portion of the right-of-way
of Dare Drive.
b. An ordinance to authorize temporary encroachments into a portion of the right-of-way
of South Atlantic Avenue
C. An ordinanc,, to autho,:L--e temporary encroachments into a portion of the ri.@ht-of-w.@iv
of Vanderbi.,.t Avenue.
d. An ordinance to authorize temporary encroachments into a portion of the right-of-way
of Surfside Avenue.
e. Letter from the City Manager recommending that City Council approve the request of
Wendy's of Virginia, Inc. to authorize a temporary encroachment into a portion of the
right-of-way of Virginia Beach Boulevard to locate a directional sign for their store.
f. Letter from the City Manager recommendin@ that City Council approve an ordinance to
provide a position of City Clerk Designate and to transfer $8,786 for the remainder
of the year.
Letter from the City Mana:,er recommending that City Council forward an ordinance to
amend @ind reord@iin Sectio;i 216 paragraphs (e) and (f) relating to outdoor advertisini,,
struct,ires, billboards, stgnboards and poster panels by adding Indian River Road to
those streets having special sign restrictions to the Planning Commission for their
comments and recommendations.
h. Letter from the City Manager recommending that City Council approve the low bid of A &
W Contractors, Inc., in the amount of $146,527.24 for the Holland Road, Phase III
water line project; and further, authorize th(@ City @lanager to enter into the necessary
contracts to implement thi's @rbject.
i. Letter from the City Mana,,er recouffnending that City Council apl)rove the request of
the American Cancer Society for a Bingo/raffl(@ permit.
8. City Council is requested to approve on second re;iding an ordinance to appropriate $8,000
as the City of Virginia Beach's share of the local match for a @rant from the Division of
Justice and Crime Prevention for the continuing ftinding of the Institute on Criminal JusLice.
9. City Council is requested to approve an second re@iding an ordinance to accept $28,481 from
the Division of Justice and Crime Prevention and to appropriate these funds:
Estimated Re@,enue Total
From Other ARE@ncies
@4ational Yc,uth Program Using
Motorbikes $28,481 $28,481 -
10. (:Lty Council is requested to approve on second reading an ordii@ance! to accept $11,798
from the Southeastern Tidewater Area Manpower Authority aiid to appropriate these funds:
Estimated Revenue Total
From Other Agencies
CETA-Title I $11,798 $11,798
11. @City Co.ncil i. r@q,,ested to approve on second reading an ordinance to appropriate $9,378
for two niglit watchment for the Bendix R,ad Ref,s, Facility and two uniforms.
12. City Council is requested to approve on second re,ling an ordinance to appropriate $16,000
to the Blackwater Volunteer Fire and Rescue Squad i)epartment for the purchase of a larger
ambulance.
13. City Council is requested to approve on sec,)nd rea@ling an ordinance to appropriate $19,000
to the Davis Corner Volunteer Fire Department and Rescue Squad, Inc. for motorized life
support equipment.
14. Letter from the City Manager transmittiag the recommendation of the Planning Commission for
approval of the application of Dadson Arms, Ltd. fc,r a change of zoning from A-]. Apartm nt
District to A-2 Apartment District ,n a i-572 acre parcel located on the east side f
Pleasure House Road, north of North Greenwell Road (Bayside Borough).
15. Letter from the City Manager transmittin@ the r .. mffl,ndation of the Plannin- Commission for
aPproval of the application of E. T. Caton, III and J. Peter Holland, III, for a change of
zoning from A-1 Apartment District to A-2 Apartment District on a 45.660 acre parcel located
on the nortli side of Shipps Corner Road, east of Holland Road (Princess Anne Borough).
16. Letter from the City Manager transmitting the rccommendation c)f th@ Planning Commission for
PorL-r, Jr., for a chinge of zoning from
denial of the application of John C. and Betty Ii. e
R-8 Residential District to B-?, Conmiunity Busine,,;@i I)i.strict on a .385 acre par(@el located
on the south side of Providence Road Relocated, e@ist of Beryl Avenue (Kempsv@Llle Borougla)-
17- i,etter from the City Manager transmitting the, rec@)mmendation of Lh,! Planiair@@- Commission for
harige of zonin@ from R-8 Residential
al,proval ,t the application c@f Dave Miller, Sr. f,Dr a C!
I)istrict o B-2 CoT),,I!tjnity Bu@;iness District on a 1.21 acre parcel located at the southeast
intersect,-on of Viiginia Bea@,,,h BoLlevard and oceaaa Boul2vard (Lyi,.nhaven Borough).
18. Letter from the City Manager transmitting the recommendation of tlie Planning Commissioil for
approval of the application of Hilltop Carwash, Inc. and Halspot Associates for a carwash
atid a gasoline service station on a .913 acre parcel located on the east side of First
Colonial Road, south of Doniia Lane (Lynnhaven Borou-.h).
19. I,etter from the City Manager recommending thatcitiy Council approve, on first reading,
an ordinance to appropriate $580,850 for sewer s@,stem improvements to the recently
acquired i\ragona, "rincess l@)ne and Pembroke Utilities.
20. 1,Ltter fro.11 the Cit, Manager ecomrnending that City Council approve. an ordinance to
transfer a@lditional funds in Lhe amount of $27,732 be trbnsferred @rom Personal Services
to Replace;nent of Ai,tomotive @,quipmeiit in the Refuse Collection Di,iision of the Public
Works Department foT the anti,-ipated cost increase of twelve refuse vehicles.
21. l,etter froiii the City Manager recommending that City Council api)rove the following ordinancc@s
accepting funds from STAMA:
a. An Ordi.nance to accept $130,000 from tlie Soittl,eastern Ti,dewater Area Manpower Alithority
and appropriate these funds: (first re@ldings)
Estimated Rev@!nue Total
From Otlier A@,,ericies Ap ropriation-,,
CETA-Title VI Eniployment $130,000 $130,000
b. An Ordinance to accept $25,702 from STAMA and appropriate these funds:
Estimated Rc@v(@,iue Total
From Other A3Zeiicies pra o@ns
CETA-Title I $ 25,702 $ 25,702
C. An Ordinance to accept $80,000 from STAMA and appropriate these funds:
Estimated Rev,anue Total
From Otlier Ageicies @pEoREL@tions
CETA-Title II $ 80,000 $ 80,000
2 2. Letter frcm the City Manager recot(uneriding that City Council appro,le an ordinaiice to
amend Chal)ter 6, Article 11, of the Code of the City of Virginia Beach I)y adding thc,,reto
a new section 6-24.1, relating to removal, etc. of abandoned etc., wharves etc.
Letter from the City Manager recommending that City Council approve an ordinance to
accept a grant totalling $227,844 from the Division of Justice and Cririe Ilrevention
and to appropriate these funds: (first reading)
Estimated Reventie Local Total
From Other AQencies Match AppropriatiOTIS
Integrated Criminal
Apprehe,ision Pro,,ram $205,060 $22,784 $227,844
24. Old business, deferred from the previous meetin-. including any report of the Ilayor or
Committees named by Council.
25 New business, including any presentations by Cour@cil Members, Citizens and Organizations.
26- Motion for adjournment.
CITY OF VIRGIIII BEICI MUNICIPAL CENTER
clity" VIRGINIA BEACH, VIRGINIA 23456
MAYOR PATRICK L. STANDING, At L.,g@ CLARENCE A. HOLLANI), M.D., B.y@id@ 8 .... gb
VICE MAYOR J. HENRY MICOY JR., D.D.S., B .... gh DONALT) W. MERRICK, Ly.@h.@- B .... gb
JOHN A. BAUM, BI.,k.@t@, Bo,@.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, Vi,gi.i. B@.,b B.,..gb
BARBARA M. HENLEY, P.@g. B.-.gh A G E N D A RICHARD 1. WEBBON,,City Cl@lk
The City Council of the City of Virginia Beach, Virginia, will assemble in the Administration
Building, Princess Anne Borough, Virginia Beach, Virginia, in Regular Session, at 1:00 p.m.,
on Monday, Noveriber 20, 1978 for the purpose of conducting public business and will hear and
act upon the following items:
1. Call to order by the Honorable Patrick L. Standing, Mayor, in the Council Conference Room.
2. Roll Call of the Council.
3. Motion to recess into Infor-mal Discussion and Execiitive Session. Upon conclusion of the
Executive SesSion, City Council will reconvene in the City Council Chambers.
4. Invocation will be given at 2:00 p.m., by the Revc@rend Father Alfred Grotzinger, Saint
Gregory the Great Catholic Church, Virginia Beach, Virginia. Please remain standing for
the Pledge of Allegiance.
5. Roll Call of the Council.
6a. Minutes of the Regular Meeting of November 6, 1978 to be presented for acceptance and
approval.
b. Minutes of the Special Meeting of November 6, 1978 to be presented for acceptance and
approval.
c. Minutes of the Regular Meeting of November 13, 1978 to be presented for acceptance and
approval.
d. Minutes of the Special Meeting of November 13, 1978 to be presented for acceptance and
approval.
e. Minutes of the Special Meeting of November 15, 1978 to be presented for acceptance and
approval.
7. All Matters listed under the consent agenda are considered to be routine by tbe City
Council and will be enacted by one motion in the f(irm listed. There will be no separate
discussion of these items. If discussion is desir,2d, that item will be removed from the
consent agenda and considered saparately.
a. Letter from the City Manager recommending that City Council approve an ordinance to
amend and reordain Sections 22-41, 22-45, 22-82, 22-84.2, 22-90, 22-149, 22-176, 22-199,
22-205 and 22-221 of the City Code relating to motor vehicles.
b. Letter from the City Manager recommending that City Council adopt a Resolution which
will allow submittal of a proposal for a Youth Employment Program (Youth Conservation
Corps) to be administered through the Commission of Outdoor Recreation to permit the
formulation, approval and funding of this project. The total grant award will be for
$16,711; $13,601 is federal; $1,300 State in-kind match; and $1,810 local in-kind match.
C. Letter from the City Manager recommending that City Council approve an ordinance to
enter into a contract totalling $2,122 with the Southeastern Virginia Planning District
Commission and to appropriate these funds:
Estimated Revenue Total
From Other Agencies Appropriations
Planning intern $2,122 $2,122
d. Letter from the City Manager recommending that City Council approve the following
ordinances:
a. An ordinance to authorize temporary oncroactiments into a portion of the right-of-way
of Dare Drive.
b. An ordinance to authorize temporary enc-ro@iclt,nt,nLs into a portion of the right-of-way
of South Atlantic Avenue
Fy- @ncioa -ciim--en-t- ortion of the right-of-way
c. An ordinance to authori--e tempora s into a p
of Vanderbilt Avenue.
d. An ordinance to authorize temporary encroachments into a portion of the right-of-way
of Surfside Avenue.
e. Letter from the City Manager recommending that City Council approve the request of
Wendy's of Virginia, Inc. to authorize a temporary encroachment into a portion of the
right-of-way of Virginia Beach Boulevard to locate a directional sign for their store.
f. Letter from the City Manager recommendin@ that City Council approve an ordinance to
provide a position of City Clerk Designate and to transfer $8,786 for the remainder
of the year.
g. Letter from the City Manager recommending that City Council forward an ordinance to
amend and reordain Section 216 paragraphs (e) and (f) relating to outdoor advertising
structures, billboards, signboards and poster panels by adding Indian River Road to
those streets having special sign restrictions to the Planning Conmission for their
comments and recommendations.
h. Letter from the City Manager recommending that City Council approve the low bid of A &
W Contractors, Inc., in the amount of $146,527.24 for the Holland Road, Phase III
water line project; and further, authorize the City Manager to enter into the necessary
contracts to implement thi's @rbject.
i. Letter from the City Manager recommending that City Council approve the request of
the American Cancer Society for a Bingo/raffle permit.
8. City Council is requested to approve on second reading an ordinance to appropriate $8,000
as the City of Virginia Beach's share of the local match for a grant from the Division of
Justice and Crime Prevention for the continuing funding of the Institute on Criminal Justice.
9. City Council is requested to approve on second reading an ordinance to accept $28,481 from
the Division of Justice and Crime Prevention and to appropriate these funds:
Estimated Revenue Total
From ApprRpriations
National Youth Program Using
*,Motorbikes $28,481 $28,481
10. City Council is requested to approve on second reading an ordinance to accept $11,798
from the Southeastern Tidewater Area Manpower Authority and to appropriate these funds:
Estimated Revenue Total
From Other Agencies Appropriations
CETA-Title I $11,798 $11,798
11. City Council is requested to approve on second reading an ordinance to appropriate $9,378
for two night watchment for the Bendix Road Refuse Facility and two uniforms.
12. City Council is requested to approve on second reading an ordinance to appropriate $16,000
to the Blackwater Volunteer Fire and Rescue Squad Department for the purchase of a larger
ambulance.
13. City Council is requested to approve on second reading an ordinance to appropriate $19,000
to the Davis Corner Volunteer Fire Department and Rescue Squad, Inc. for motorized life
support equipment.
14. Letter from the City Manager transmitting the recommendation of the Planning Commission for
approval of the application of Dadson Arms, Ltd. for a change of zoning from A-1 Apartment
District to A-2 Apartment District on a 1.572 acre parcel located on the east side of
Pleasure House Road, north of North Greenwell Road (Bayside Borough).
l@. Letter from the City Manager transmitting the recommendation of the Plannin-I Commission for
approval of the application of E. T. Caton, III and J. Peter Holland, III, for a change of
1 6. Letter from the City @laiizigcr ti-an@inittii g tli,, of tlie Planning Commission for
d.enial of tlie aoplication of Tohn C. an(, Bettv 11. PorLer, Jr., for a cliange of zoning from
R-8 Residential District to B-2 Cormnunity Bitslnc@ss District on a .385 acre parcel located
on the soutli side of Providence Ro,,id Relocat d, c,,ist of Beryl Avenue (Kempsville Borough).
1 7. Letter from the City @lanaglr transmitting t@lic, recommcnditioii of the Plannin@ Commission for
aDproval of the application of Dave @liller, Sr. for i cliange of zonin@ from R-8 Residential
District to B-2 Community Business District on a 1.21 acre parcel located at the southeast
intersection of Virginia Beach Boulevard and Oceana Boulevard (Lynnhaven Borough).
18. Letter from the City Manager transmitting ttic, recommetidation of the Planning Cormnission for
approval of the application of Ililltop Carwash, Inc. and Halspot Associates for a carwash
and a gasoline service station on a .913 acre parcel. located on the east side of First
Colonial Road, soutt) of Dontia Lane (Lynnliaven Borou@11).
19. Letter from the City Manager recomniending thatcity Council approve, on first reading,
an ordinance to appropriate $580,850 for sewer system improvements to the recently
acquired Aragona, Princess Anne and Pembroke Utilities.
20. Letter from the City Manager recommending that City Council approve an ordinance to
transfer additional funds in the amount of $27,732 be transferred from Personal Services
to Replacement of Automotive Equipment in the Refuse Collection Division of the Public
Works Department for the anticipated cost increase of twelve refuse vehicles.
21. Letter from the City Manager recommending that City Council approve the following ordinances
accepting funds from STAMA:
a. An Ordinance to accept $130,000 from the Southeastern Tidewater Area Manpower Authority
and appropriate these funds: (first readings)
Estimated Revenue Total
From Other cies
CETA-Title VI Employment $130,000 $130,000
b. An Ordinance to accept $25,702 from STAMA and appropriate these funds:
Estimated Revenue Total
From Other cies ATpropriations
CETA-Title 1 $ 25,702 $ 25,702
C. An Ordinance to accept $80,000 from STAMA and appropriate these funds:
Estimated Revenue Total
From Other Agencies A22ropriations
CETA-Title II $ 80,000 $ 80,000
22. Letter from the City Manager recommending that City Council approve an ordinance to
amend Chapter 6, Article II, of the Code of the City of Virginia Beach by adding thereto
a new section 6-24.1, relating to removal, etc. of abandoned etc., wharves etc.
2-3. Letter from the City Manager recommending that City Council approve an ordinance to
accept a grant totalling $227,844 from the Division of Justice and Crime Prevention
and to appropriate these funds: (first reading)
Estimated Revenue Local Total
From Other Agencies la@tch iations
Integrated Criminal
Apprehension Program $205,060 $22,784 $227,844
24- Old business, deferred from the previous meetin-. including any report of the Mayor or
Committees named by Council.
,25 New business, including any presentations by Council Members, Citizens and Organizations.
MINUTES OF TIIE IIONORABLE CITY COUNCIL
OF THE
CITY OF VIRGINIA BEACII, VIRGINIA
November 20, 1978
The regular meeting of the Council of the City of Virginia Beach,
Virginia, was called to order by Mayor Patrick L. Standin,-, in the
Council Chambers, in the Administration Building, on Monday,
November 20, 1978, at 1:00 p.m.
Council Members present: John A. Baum, F. Reid Ervin, George R.
Ferrell, Councilwoman Barbara @,l. Henley, Clarence A. Ifolland,
Vice Alayor J. Henry AIcCoy, Jr., Donald W. Merrick, Councilwoman
l@leyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, and Mayor
Patrick L. Standing
ITE@,l #10-979
@layor Standin.- entertained a motion to perrnit Council to conduct an
informal meeting to discuss matters for presentation by the City
Manager.
On motion by Councilman Ferrell, seconded by Councilman Payne, and
by recorded vote as follows:
Ayes: Councilmen John A. Baum, F. Reid Ervin, George R. Ferrell,
Councilwoman Barbara M. Ilenley, Clarence A. Holland, Vice Mayor
J. Henry McCov, Jr., Donald W. @lerrick, Councilwoman lleyera E.
Oberndorf, J. Curtis Pavne, Roger L. Riggs, and @layor Patrick L.
Standing
Nays: lione
Absent: None
City Council voted to conduct an informal meeting to discuss matters
presented by the City @lanager.
ITED,l #12980
The City Manager introduced Mr. Robert J. Scott, Planning Director,
to the audience ivho in turn introduced @Ir. Jack Whitney, Chief of
the Comprehensive Planning Divisioii, who has been working on the
problems inherent in the preservation and replenishment of the sand
on the beaches and the sand dunes protecting the residential and
business areas belaind the dunes.
Mr. Whitney detailed at length on the various measures taken to protect
the properties, basically the establishment of a "dune line elevation"
below which the construction of any buildings would be prohibited by
City Code. Slides and data presented indicated that the natural diines
and the vegetation thereon provided the best protection against flooding
and beach erosion. The construction of bulkheads tend to cause erosion
by the action of the water beating in a "rolling" action against the base
of the piling and undermiiiing the backfi-11.
A limitation of the area which could be utilized for construction raises
the question as to whether under the authority granted to the City by the
State such restrictions might cause the City to be sued by the property
owners under the theory that the City is condemning the land for the pro-
tection of the health, welfare and safety of the general public, and must
therefore compensate the owner.
The report was accepted for study and r-@port to the City Council at a
future date.
ITE@@ #12981
The City Manager indicated that the residents of Lake Christopher
have met with him regarding the construction of Kempsville Road
and Indian River Road Interchange. The residents are concerned
about the runoff being directed into Lai@e Christopher. The residents
use the lake for recreational purposes, and would like the City to
redirect the runoff into another area.
The City Manager stated that he had met with @Ir. E. V. Williams, who
has a borrow pit in the area, and was informed by Mr. Williams that
he has no objections to having the runoff redirected to his borrow
pit. Ilowever, @Nir. Williams would like to have his use permit extended
for one year , which would expire in December of 1980 instead of
December of i979.
Mayor Standing indicated that if there were no objections from Council,
the City Manager could have the Planning Department advertise this
matter for a public hearing.
ITEM #12982
The City Manager indicated he had met with the members of the Community
Development Committee to discuss the recent trip to the City of Portsmouth,
in the @.lount Herman area, with regards to the possibility of recommending
to Council the creation of a Redevelc)l)ment and Housing Authority for the
City of Virginia Beach.
This matter would require a charter change , approved by the Legislature,
and would further require public hearings to get citizen indut. The
Committee requested that a public hearing be heard on Deceriber 4, 1978,
and that the meeting be held at night to I)ermit the citizens to attend.
ITEM #12983
The City 14anager indicated that the City was going to have a private
firm conduct a Municipal Services Survey. This will be done scien-
tifically, and the approximate cost will be $14,000. This survey
will enable the City to get greater citizen input with regards to
City services; such as street maintenance, refuse collection, City
sewer, City water, etc.
ITEM #12984
The City Manager indicated that item #19, on the formal agenda,
concerning the appropriation of funds f(,)r sewer system improvements
to the recently acquired Aragona, Princess Anne, and Pembroke
Utilities, would be deferred for one we(@k.
ITEM #12985
Councilwoman Henley requested complet(@ background information on
all grants submitted for Council's conslderation, as well as progress
reports on the operation of those pro--r;),ms; and further requested a
complete listing of all active grants wliich have had the endorsement
of Council.
ITEM #12986
At 2:30 p.m., City Council reconvened in tlie Council Chambers with
the followiiig members present:
John A. Baurn, F. Reid Ervin, George R. Ferrell, Councilwoman Barbara
M. Henley, Clarence A. Holland, Vice Mayor J. Henry lIcCoy, Jr.,
Donald W. Merrick, Councilwoman Meyer@ E. Oberndorf, J. Curtis Payne,
Roger L. Riggs, and Mayor Patrick L. Standing
The invocation was given by the Reverend Father Alfred Grotzinger,
Saint Gregory the Great Catholic Church, followed by the Pledge of
Allegiance.
ITEM #12987
On motion by Councilman Ilolland, seconded by Vice Mayor McCoy, 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. @.lerrick, 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 minutes of the regular meeting of
November 6, 1978, and dispensed with th@D reading of said minutes
inasmuch as each Council @,,Iember had a c,Dpy.
ITENI #12988
On motion by Councilman Ferrell, secon(l(@d by Councilman Baum, and
by recorded vote as follows:
Ayes: Councilmen John A. Baum, F. Reid Ervin, George R. Ferrell,
Councilwoman Barbara M. Henley, Clarene(@ A. Ilolland, 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 miniit(@s of the special meeting
of November 6, 1978, and dispensed with the reading of said minutes
inasmuch as each Council @lember had a copy.
ITE@4 #329"39
On motion by Coiincilman Ferrell, second(@cl by Cotincilmaii Holland,
and by recorded vote as follows:
Ayes: Councilmen John A. Baum, F. Reid Ervin, George R. Ferrell,
Councilwoman Barbara M. Henley, Clarene(@ 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 minutos of the regular meeting of
November 13, 1978, and dispensed with the reading of said minutes
inasmuch as each Council Member had a copy.
ITEM #12990
On motion by Councilman Payne, 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 @llayor
J. Henry McCoy, Jr., Donald W. Alerrick, Council@voman Meyera, E.
Oberndorf, J. Curtis Payne, Roger L. Riggs, and Mayor Patrick L.
Standing
Nays: None
Absent: None
City Council voted to approve the minutes of the special meeting of
November 13, 1978, and dispensed @vith the reading of said minutes
inasmuch as each Council Member liad a copy.
ITEDA #12991
On motion by Councilwoman Oberndorf, seconded by Councilman Payne,
and by recorded vote as follows:
Ayes: Councilmen John A. Baum, F. Reid Ervin, George R. Ferrell,
Councilwoman Barbara M. Ifenlev, Clarence A. Holland, Vice Mayor
J. Henry McCoy, Jr., Donald W. PIerrick, Councilwoman Meyera E.
Oberndorf, J. Curtis Payne, Roger L. Riggs, an(I Playor Patrick L.
Standing
Nays: None
Absent: None
City Council voted to approve the rninutes of the special meeting
of November 15, 1978, and dispensed with the reading of said
minutes inasmuch as each Council Alember had a copy.
ITE14 #12992
On motion by Councilman Merrick, seconded by Councilman Ferrell,
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 @AcCoy, Jr., Donald W. Alerrick, Councilwoma-n Meyera E.
Oberndorf, J. Curtis Payne, Roger L. Riggs, and Mayor Patrick L.
Standing
Nays: None
Absent: None
City Council voted to approve the following consent agenda, items
7a through 7i; WITH TfiE EXCEPTIOD4 of 7-D, (a, b, c, d -- involving tenporary
encroachmnts) be deferred one (1) week.
ITEM #12993
On motion by Councilman Merrick, 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. Ilolland, 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 following ordinance to amend and
reordain Sections 22-41, 22-45, 22-82, 22-84.2, 22-90, 22-149,22-176,
22-199, 22-205 and 22-221 of the City Code relating to motor vehicles:
AN ORDINANCE TO AMEND AND REORDAIN SECTIONS
22-41, 22-45,,22-82,, 22-84.2, 22-90, 22-149.
22-176, 22-199, 22-205 and 22-221 OF THE CODE
OF THE CITY.OF VIRGINIA BEACH, VIRGINIA,
RELATING TO MOTOR VEHICLES.
Y AT I-Of',NEY
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That Sections 22-41, 22-45, 22-82, 22-84.2, 22-90, 22-149, 22-176, 22-199,
22-205 and 22-221 of the Code of the City of Virginia Beach, Virginia, are hereby
amended and reordained as follows:
Section 22-41. Signals by lights or semaphores.
Signals by lights or semaphores shall be as follows:
(a) Red indicates that traffic then moving shall stop and remain stopped
as long as the red signal is shown, except in the direction indicated by a lighted
green arrow; provided, however, that except where a sign is placed prohibiting
turns on red, vehicular traffic facing a steady red signal may, after coming
to a full stop, cautiously enter the intersection to make a right turn, or to
make a left turn if such left turn is made from a highway which allows for traffic
in but one direction into another highway which allows for traffic in but one
direction and after making such left turn the turning traffic will be going
in that direction. Such turning traffic shall yield the right-of-way to pedestrians
lawfully within an adjacent crosswalk and to other traffic using the intersection.
Green indicates the traffic shall then move in the direction of the signal and
remain in motioh as long as the green signal is given, except that such traffic
shall yield to other vehicles and pedestrians lawfully within the intersection.
(b) Amber indicates that a change is ab6ut to be made in the direction
of the moving of traffic. When the amber signal is shown, traffic which has
not already entered the intersection, including the crosswalks, shall stop if
it is not reasonably safe to continue, but that which has already entered the
intersection shall continu
(c) The use of a flashing red indicates that traffic shall stop before
entering an intersection and the use of a flashing aniber indicates that traffic
may proceed through the intersection or past such signal with reasonable care
under the circumstances.
(d) Officers of the law and uniformed school crossing guards may assume
control of traffic otherwise controlled by lights or semaphores and in such
event signals by such officers and uniformed crossing guards shall take precedence
over such lights or semaphores.
(e) Members of any fire department or any rescue squad when on duty may
activate electric traffic control signals when such control signals are specifically
authorized by the State Highway and Transportation Commissioner or the City
Manager.
Section 22-45. Signing and possession of registration cards; exhibiting of
registration card and operator's, etc., license; failure to
carry license or registration card.
(a) Every owner of a motor vehicle, trailer or semitrailer upon receiving
a registration card issued by the division shall write his usual signature with
pen and ink in the space provided for that purpose and such registration card
shall not be valid in the city unless so signed; provided, however, the commissioner
may, if in his opinion it is equitable, accept a stamped or facsimile signature
of an owner if such owner files with the commissioner an acknowledgment that
such stamped or facsimile signature can be relied upon the same as though the
owner had personally signed such registration card or application for license;
provided further, that if an affidavit is filed with the division stating that
the owner is either physically unable to sign his name due to illness or injury,
has disappeared, is a prisoner of war, or is missing in action, and no conservator
or trustee has been appointed for such owner, then the owner's spouse, parent
or child, if of legal age, filing the affidavit may sign the owner's name for
him.
(b) The operator or chauffeur of a motor vehicle, trailer or semitrailer,
while such motor vehicle, trailer or semitrailer is operated upon the highways
of the city, shall have in his possession the registration card issued by the
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division or the registration card issued by the state or city in which the motor
vehicle, trailer or semitrailer is registered and his operator's or chauffeur's
license or temporary instruction or driver's permit.
(c) The owner, operator or chauffeur of any motor vehicle, trailer or
semitrailer shall stop upon the signal of any peace or police officer who shall
be in uniform or who shall show his badge or other sign of authority and shall
upon request exhibit his registration card, operator's or chauffeur's license
or temporary instruction or driver's permit and shall write his name in the
presence of such peace or police officer if so required for the purpose of
establishing his identity.
(d) Every person licensed by the division as an operator and every person
licensed by the division as a chauffeur or issued a temporary instruction or
driver's permit who fails to carry his license or permit and the registration
card for the vehicle which he operates shall be guilty of a misdemeanor and
upon conviction punished by a fine of not less than one dollar nor more than
ten dollars; provided, however, if any person, when summoned to appear before
a court for failure to display his license, permit or the registration card,
upon such demand being made of him shall present to the officer making such
demand, or a magistrate of the county or city in which the summons was issued,
before the return date of the summons a proper license or permit duly issued
to him prior to the time of such demand or a proper registration card, as the
case may be, or shall appear pursuant to such summons and produce before the
court a proper license or permit duly issued to him prior to the time of such
demand or a proper registration card, as the case may be, he shall be deemed
to have complied with the provisions of this section.
Section 22-82. Driving more than thirteen hours in twenty-four prohibited.
It shall be unlawful for any person to drive any motor vehicle on the highways
of this city for more than thirteen hours in any period of twenty-four hours
or for a period which, when added to the time such person may have driven a
motor vehicle over the highways out of this city, would make an aggregate of
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rwre than thirteen hours in any period of twenty-four hours; provided, however,
that the provisions of this section shall not apply to the operation of motor
vehicles used in snow removal or similar emergency situations by the state
department of highways and transportation or its contractors or agents or
county, city or town.
It shall also be unlawful for the owner of any such vehicle to cause or
permit the same to be driven in violation of this section.
Section 22-84.2. Use of chemical test to determine alcohol in blood; implied
consent; procedure; qualification and liability of person
withdrawing blood; costs; evidence; suspension of license
for refusal to submit to test.
(a) As used in this section "license" means any operator's, chauffeur's
or learner's permit or license authorizing the operation of a motor vehicle
upon the highways.
(b) Any person whether licensed by the state or not, who operates a motor
vehicle upon a public highway in this state on and after January 1, 1973, shall
be deemed thereby, as a condition of such operation, to have consented to have
a sample of his blood or breath taken for a chemical test to determine the alcoholic
content of his blood, if such person is arrested for a violation of section 22-84
within two hours of the alleged offense. Any person so arrested shall elect
to have either the breath or blood sample taken, but not both. It shall not
be a matter of defense that either test is not available.
(c) If a person after being arrested for a violation of section 22-84
and after having been advised by the arresting officer that a person who operates
a motor vehicle upon a public highway in this state shall be deemed thereby,
as a condition of such operation, to have consented to have a sample of his
blood or breath taken for a chemical test to determine the alcoholic content
of his blood, and that the unreasonable refusal to do so constitutes grounds
for the revocation of the privilege of operating a motor vehicle upon the highways
of this state, then refuses to permit the taking of a sample of his blood or
breath for such tests, the arresting officer shall take the person arrested
-4-
before a committing magistrate and if he does again so refuse 4fter having been
further advised by such magistrate of the law requiring a blood or breath test
to be taken and the penalty for refusal, and so declares again his refusal in
writing upon a form provided by the division of consolidated 14boratory services,
hereinafter referred to as division, or refuses or fails to so declare in writing
and such fact is certified as prescribed in subsection (j) of this section,
then no blood or breath sample shall be taken even though he m4y thereafter
request same.
(d) Only a physician, registered professional nurse, graduate laboratory
technician or a technician or nurse designated by order of a circuit court acting
upon the recommendation of a licensed physician, using soap and water to cleanse
the part of the body from which the blood is taken and using instruments sterilized
by the accepted steam sterilizer or some other sterilizer which will not affect
the accuracy of the test, or using chemically clean sterile di$posable syringes,
shall withdraw blood for the purpose of determining the alcoholic content thereof.
No civil liability shall attach to any person authorized to wi@hdraw blood as
provided herein as a result of the act of withdrawing blood from any person
submitting thereto, provided the blood was withdrawn according to recognized
medical procedures; and provided further that the foregoing sh@ll not relieve
any such person from liability for negligence in the withdrawiog of any blood
sample.
(d-1) Portions of the blood sample so withdrawn shall be placed in each of
two vials provided by the division which vials shall be sealed and labeled by
the person taking the sample or at his direction, showing on e@ch the name of
the accused, the name of the person taking the blood sample, a6d the date and
time the blood sample was taken. The vials shatl be placed in two containers
provided by the division, which containers shall be sealed so @s not to allow
tampering with the contents. The arresting or accompanying of@icer shall take
possession of the two containers holding the vials as soon as @he vials are
placed in such containers and sealed, and shall transport or m4il one of the
vials forthwith to the division. The officer taking possessiol of the other
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container (hereinafter referred to as second container) shaTI, imediately after
taking possession of the second container give to the accused @ fom provided
by the division which shall set forth the procedure to obtain @n independent
analysis of the blood in the second container, and a list of t@ose Taboratories
and their addresses, approved by the division; such form shallicontain a space
for the accused or his counsel to direct the officer processino such second
container to forward that container to such approved laborator@ for analysis,
if desired. The officer having the second container, after delivery of the
form referred to in the preceding sentence (unless at that time directed by
the accused in writing on such form to forward the second cont4iner to an approved
laboratory of the accused's choice, in which event the officer shall do so)
shall deliver the second container to the chief police officer@of the county,
city or town in which the case will be heard, and the chief poiice officer who
receives the same shall keep it in his possession for a period of seventy-two
hours, during which time the accused or his counsel may, in writing, on the
form provided hereinabove, direct the chief potice officer having possession
of the second container to mail it to the laboratory of the acoused's choice
from the approved list. As used in this section, the term "chief police officer"
shall mean the sheriff in any county not having a chief of police, the chief
of police of any county having a chief of police, and the chief of police of
the city or the sergeant or chief of police of the town in whidh the charge
will be heard.
(d-2) The testing of the contents of the second containeo shall be made
in the same manner as hereafter set forth concerning the procelure to be followed
by the division, and all procedures established herein for tra@smittal, testing
and admission of the result in the trial of the case shatl be 4he same as for
the sample sent to the division.
(d-3) A fee not to exceed fifteen dollars shall be allow@d the approved
laboratory for making the anaylsis of the second blood sample which fee shall
be paid out of the appropriation for criminal charges. If thelperson whose
blood sample was withdrawn is subsequently convicted for viola ion of section
22-84, the fee charged by the laboratory for testing the blood sample shall
be taxed as part of the costs of the criminal case and shaTI b paid into the
general fund of the state treasury.
(d-4) If the chief police officer having possession of t e second container
is not directed as herein provided to mail it within seventy-tvro hours after
receiving the container then the officer shall destroy such cortainer.
(e) Upon receipt of the blood sample forwarded to the di\ision for analysis,
the division shall cause it to be examined for alcoholic contert and the director
of the division or his designated representative shall execute a certificate
which shall indicate the name of the accused, the date, time ard by whom the
blood sample was received and examined, a statement that the ccntainer seal
had not been broken or otherwise tampered with, a statement thzt the container
was one provided by the division and a statement of the alcoholic content of
the sample. The certificate attached to the vial from which tte blood sample
examined was taken shall be returned to the clerk of the court in which the
charge will be heard. The certificate attached to the container forwarded on
behalf of the accused shall also be returned to the clerk of tte court in which
the charge will be heard, and such certificate shall be admiss-ble in evidence
when attested by the pathologist or by the supervisor of the lzboratory approved
by the division.
(f) When any blood sample taken in accordance with the pyovisions of this
section is forwarded for analysis to the division, a report of the results of
such analysis shall be made and filed in that office. Upon prcper identification
of the vial into which the blood sample was placed, the certificate as provided
for in this section shall , when duly attested by the director cf the division
or his designated representative, be admissible in any court, in any criminal
or civil proceeding, as evidence of the facts therein stated ard of the results
of such analysis.
(g) Upon the request of the person whose blood or breath sample was taken
for a chemical test to detemine the alcoholic content of his tlood, the results
of such test or tests shall be made available to him.
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(h) A fee not exceeding ten dollars shall be allowed the person withdrawing
a blood sample in accordance with this section, which fee shal' be paid out
of the appropriation for criminal charges. If the person whos(@ blood sample
was withdrawn is subsequently convicted for a violation of seci@ion 22-84, or
is placed under the purview of a probational, educational or r(!habilitational
Rrogram as set forth in Section 18.2-271.1, Code of Virginia, l.he amount charged
by the Person withdrawing the sample shall be taxed as part of the costs of
the criminal case and shall be paid into the general fund of tie state treasury.
(i) In any trial for a violation of section 22-84, this @ection shall
not otherwise limit the introduction of any relevant evidence tearing upon any
question at issue before the court, and the court shall , regarcless of the result
of the blood or breath test or tests, if any, consider such otler relevant evidence
of the condition of the accused as shall be admissible in evidence. The failure
of an accused to permit a sample of his blood or breath to be taken for a chemical
test to determine the alcoholic content of his blood is not evidence and shall
not be subject to comment at the trial of the case; nor shall the fact that
a blood or breath test had been offered the accused be evidenCE or the subject
of comment.
(i) The form referred to in subsection (c) of this secticn shall contain
a brief statement of the law requiring the taking of a blood or breath sample
and the penalty for refusal, a declaration of refusal and lines for the signature
of the person from whom the blood or breath sample is sought, the date and the
signature of a witness to the signing. If such person refuses or fails to execute
such declaration, the committing j-us@@ice, clerk or assistant clerk shall certify
such fact, and that the committing justice, clerk or assistant clerk advised
the person arrested that such refusal or failure, if found to be unreasonable,
constitutes grounds for the revocation of such person's license to drive. The
committing or issuing justice, clerk or assistant clerk shall fdrthwith issue
a warrant charging the person refusing to take the test to determine the alcoholic
content of his blood, with violation of this section. The warrant shall be
executed in the same manner as criminal warrants.
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(k) The executed declaration of refusal or the certificate of the committing
justice, as the case may be, shall be attached to the warrant and shall be forwarded
by the committing justice, clerk or assistant clerk to the court in which the
offense of driving under the influence of intoxicants shall be tried.
(1) When the court receives the declaration of refusal oy certificate
referred to in subsection (k) of this section together with the warrant charging
the defendant with refusing to submit to having a sample of his blood or breath
taken for the determination of the alcoholic content of his blood, the court
shall fix a date for the trial of such warrant, at such time as the court shall
designate, but subsequent to the defendant's criminal trial for driving under
the influence of intoxicants.
(m) The declaration of refusal or certificate under subsection (k), as the
case may be, shall be prima facie evidence that the defendant refused to submit
to the taking of a sample of his blood or breath to determine the alcoholic
content of his blood as provided hereinabove. However, this shall not be deemed
to prohibit the defendant from introducing on his behalf eviden,.e of the basis
for his refusal to submit to the taking of a sample of his blooj or breath to
determine the alcoholic content of his blood. The court shall ietermine the
reasonableness of such refusal.
(n) If the court shall find the defendant guilty as chargad in the warrant,
the court shall suspend the defendant's license for a period of ninety days
for a first offense and for six months for a second or subsequelt offense or
refusal within one year of the first or other such refusals; th@ time shall
be computed as follows: the date of the first offense and the late of the second
or subsequent offense; provided, that if the defendant shall pl@ad guilty to
a violation of section 22-84, the court may dismiss the warrant.
(o) The court shall forward the defendant's license to tha Commissioner
of the Division of Motor Vehicles of Virginia as in other cases of similar nature
for suspension of license unless, however, the defendant shall ppeal his conviction
in which case the court shall return the license to the defendalt upon his appeal
being perfected.
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(p) The procedure for appeal and trial shall be the same as provided by
law for misdemeanors; if requested by either party, trial by ilry shall be as
provided in article 4 of chapter 15 (Sec. 19.2-260, et seg.) ol TitTe 19.2,
Code of Virginia, anc the City shall be required to prove its case beyond a
reasonable doubt.
(q) No person arrested for a violation of section 22-84 !hall be required
to execute in favor of any person or corporation a waiver or release of liability
in connection with the withdrawal of blood and as a condition frecedent to the
withdrawal of blood as provided for herein.
(r) The court or the jury trying the case shall determin( the innocense
or the guilt of the defendant from all the evidence concerning his condition
at the time of the alleged offense.
(r-1) Chemical analysis of a person's breath, to be cons@dered valid under
the provisions of this section, shall be performed by an indiv-dual possessing
a valid license to conduct such tests, with a type of equipmen and in accordance
with the methods approved by the state health commissioner. SLch breath-testing
equipment shall be tested for its accuracy by the state health commissioner's
office at least once every six months.
The state health commissioner is directed to establish a lraining program
for all individuals who are to administer the breath tests, of at least forty
hours of instruction in the operation of the breath-test equipoent and the adminis-
tration of such tests. Upon the successful completion of the training program,
the commissioner may issue a license to the individual operator indicating that
he has completed the course and is authorized to conduct a breath-test analysis.
Any individual conducting a breath test under the provisi(ns of this section
and as authorized by the state health commissioner shall issue a certificate
which will indicate that the test was conducted in accordance vith the manufacturer's
specifications, the equipment on which the breath test was con(ucted has been
tested within the past six months and has been found to be aCCLrate, the name
of the accused, the date, the time the sample was taken from t@e accused, the alco-
holic content of the sample, and by whom the sample was examined. The certificate,
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as provided for in this section, when duly attested by the authcrized individual
conducting the breath test, shall be admissible in any court in any criminal
proceeding as evidence of the alcoholic content of the blood of the accused.
In no case may the officer making the arrest, or anyone with hi[i at the time
of the arrest, or anyone participating in the arrest of the aCCL.sed, make the
breath test or analyze the results thereof. A copy of such cerl@ificate shall
be forthwith deliver
(s) The steps horein set forth relating to the taking, haiidling, identification
and disposition of blood or breath samples are procedural in na ure and not
substantive. Substantial compliance therewith shall be deemed o be sufficient.
Failure to comply with any one or more of such steps or portion; thereof, or
a variance in the results of two blood tests shall not of itself be grounds
for finding the defendant not guilty, but shall go to the weight of the evidence
and shall be considered as set forth above with all the evidence in the case,
provided that the defendant shall have the right to introduce evidence on his
own behalf to show noncompliance with the aforesaid procedure or any part thereof,
and that as a result his rights were prejudiced.
Section 22-90. Reckless driving - Specific instances.
A person shall be guilty of reckless driving who shall:
(1) Drive a vehicle when not under proper control or wit@ inadequate or
improperly adjusted brakes upon any highway of this city;
(2) While driving a vehicle, overtake or pass another ve@icle proceeding
in the same directio6, upon or approaching the crest of a grade or upon or approach-
ing a curve in the highway, where the driver's view along the Vighway is obstructed,
except where the overtaking vehicle is being operated on a hig@way having two
or more designated lanes of roadway for each direction of travel or on a designated
one-way street or highway;
(3) Drive a vehicle when it is so loaded, or when there zre in the front
seat such number of persons, as to obstruct the view of the dr'verto the front
or sides of such vehicle or to interfere with the driver's conlrol over the
driving mechanism of the vehicle;
(4) Pass or attempt to pass two other vehicles abreast, Roving in the
same direction, except on highways having separate roadways of three or more
lanes for each direction of travel, or on designated one-way streets or highways;
(4a) Drive any motor vehicle, including any motorcycle, so as to be in
and parallel to another vehicle in a lane designed for one vehicle, or drive
any motor vehicle, including any motorcycle, so as to travel parallel to any
other vehicle traveling in a lane designed for one vehicle; provided, however,
this subsection shall not apply to any validly authorized parade, motorcade
or motorcycle escort;
(5) Overtake or pass any other vehicle proceeding in the same direction
at any steam, diesel or electric railway grade crossing or at any intersection
of streets or highways unless such vehicles are being operated on a highway
having two or more dosignated lanes of roadway for each direction of travel
or unless such interjection is designated and marked as a passing zone pursuant
to the provisions of Sections 46.1-173 and 46.1-205, Code of Virginia, or on
a designated one-way street or highway, or while pedestrians are passing or
about to pass in froot of either of such vehicles; unless permitted so to do
by a traffic light or police officer;
(6) Fail to stop, when approaching from any direction, a school bus, whether
publicly or privately owned, which is stopped on any highway or school driveway
for the purpose of tgking on or discharging children, elderly, mentally or physically
handicapped persons, and to remain stopped until all children, elderly, mentally
or physically handiclpped persons, are clear of the highway or school driveway
and the bus is put in motion, except the driver of a vehicle upon a dual highway,
when the roadways are separated by a physical barrier or barriers or an unpaved
area, need not stop Qpon approaching a school bus which is on a roadway so separated
from the one on which he is driving or an adjoining service road so separated.
This subsection shall apply to school buses which are equipped with warning
devices prescribed in section 46.1-287 of the Code of Virginia and are painted
yellow with the word$ "School Bus, Stop, State Law" in black letters at least
six inches high on the front and rear thereof. This subsection shall also apply
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to school buses which are equipped with warning devi'ces as pre!cribed in section
22-195 and which are painted yellow with the words "School Bus' in black letters
at least eight inche$ high on the front and rear thereof. If !pace is limited
on the front, the words "School Bus" may be in letters at leasi four inches
high. Only school boses as defined in Section 46.1-1(37) of tie Code of Virginia
which are painted yellow and equipped with the required letter'ng and warning
devices shall be ideotified as school buses;
(7) Fail to gi*e adequate and timely signals of intentior to turn, partly
turn, slow down or stop, as required by sections 22-118 throug@ 22-122;
(8) Exceed a rcasonable speed under the circumstances an( traffic conditions
existing at the time regardless of any posted speed limit;
(9) Fail to bring his vehicle to a stop immediately befove entering a
highway from a side road when there is traffic approaching upor such highway
within five hundred feet of such point of entrance, unless a ")ield Right-of-
Way" sign is posted; or where such sign is posted, fail, UpOn Entering such
highway, to yield thO right-of-way to the driver of a vehicle approaching on
such highway from either direction; or
(10) Drive or gperate any automobile or other motor vehicle upon any driveway
or premises of a chu@ch, or school, or of any recreational facilities or of
any business property open to the public, or on the premises ol any industrial
establishment providing parking space for customers, patrons or employees, or
upon any highway und@r construction or not yet open to the public, recklessly
or at a speed or in 4 manner so as to endanger the life, limb cr property of
any person.
Section 22-149. Removal and disposition of vehicles unlawfuII3 parked on
pri@ate or city property.
It shall bc unlawful for any owner, operator or leSSEe of any parking
lot or parking area Or space therein or part thereof, or of an3 other lot or
building, including @he city, to have any motor or other vehic'e, occupying
such lot, area, spacc or building or part thereof without the fermission of
such owner, operator@ lessee or authorized agent of the one haning the control
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of such premises rem@ved by towing or otherwise, to a licensed garage for storage
until called for by @he owner or his agent; provided, that notice of such action
shall be first or si@ultaneously therewith given to at least one of the local
law enforcement offi@ers; provided further, that in the event of such removal
and storage the owne@ of the vehicle involved shall be chargeable with and such
vehicle may be held for a reasonable charge for its reinoval and storage. In lieu
of having such vehic@e removed by towinq or otherwise, it shall be lawful for
such owner, operator or lessee to cause to have a duly authori2ed law enforcement
officer issue, on su@h premises, a summons to the registered o@ner of such vehicle.
This section shall n@t apply to police, fire, or public health vehicles or where
a vehicle shall, bec@use of a wreck or other emergency, be par@ed or left temporarily
upon the property of another.
Whenever a moto@ vehicle, trailer, or semitrailer involvec in an accident
is found upon the hi@hways or streets therein and is so locate( as to impede
the orderly flow of raffic, the police may at no cost to the cwner or operator
remove such motor ve@icle, trailer or semitrailer from the hig@ways or streets
to some point in the vicinity where such motor vehicle, trailet or semitrailer
will not impede the @low of traffic.
Section 22-176. Oth r permissible lights; police and fire depertment
vehtcles, emergency vehicles, etc.
Any motor vehic e may be equipped with not to exceed two log lamps, one
passing lamp, one dr@ving lamp, two side lamps of not more tha@ six candlepower;
interior light of no; more than fifteen candlepower; vacant or destination signs
on vehicles operated as public carriers, and signal lamps.
Only those vehiiles listed in paragraph (a) of section 46 1-226 and paragraph
(a) of section 46.1-:167 of the Code of Virginia and school bus s may be equipped
with flashing, blink@ng or alternating red emergency lights of a type approved
by the Superintendent.
Vehicles used for the principal purpose of towing or serv-cing disabled
vehicles or in constructing, maintaining and repairing highway or utilities
on or along public highways, vehicles used for the principal p rpose of removing
hazardous or pollutirig substances from State waters and draina e areas on or
-14-
along public highway@ for use only when performing such duties and hi-rail vehicles
rmy be equipped with flashing, blinking or alternating amber warning lights
of a type approved b the Superintendent, but such lights on hi-rail vehicles
shall be activated oly when such vehicles are operated on railroad rails;
however, that vehici@s used by individuals for emergency snow removal purposes
shall also be allowe@ to use such amber warning liqhts during @uch snow removal
operation.
High intensity @mber lights, as prescribed by the Superiniendent, shall
be required to be usid by any vehicle which is engaged in the towing of a manu-
factured housing uni and shall also be required on the upper rear end of such
unit being towed.
(a) A member o any fire department, volunteer fire company or volunteer
rescue squad may equ ip one vehicle owned by him with no more t@an two flashing
or steady-burning re@ lights of a type approved by the Superintendent, for use
by him only in answe@ing emergency calls.
Any person viol@ting the provisions of the section shall te guilty of a
misdemeanor.
(b) Blue light@, steady or flashing, of a type approved ty the Superintendent
shall be reserved fot civil defense vehicles, publicly or privately owned.
No motor vehicl shall be operated on any highway which is equipped with
any lighting device ther than lamps required or permitted in this article,
required or approved by the Superintendent or required by the lederal department
of transportation.
Section 22-199. Sigys on windshields, etc.
(a) It shall b( unlawful for any person to operate any mctor vehicle,
trailer or semitrail(r upon a highway with any sign, poster or other nlontransparent
materiaT upon the fr nt windshield, sideshields or rear windows of such motor
vehicle other than a@certificate or other paper required to be placed by law
or which may be perm-tted by the Superintendent. The size and placement location
of stickers or decal@ used by counties, cities and towns in liEU Of license
plates shall be in ccmpliance with regulations promulgated by the Superintendent.
-15-
(b) Notwithstanding the provisions of subsection (a) of this section,
whenever a motor ve@icle is equipped with a mirror on each side of such vehicle
so located as to reflect to the ol)erator of such vehicle a vieq of the hiqhway
for a distance of not less than two hundred feet to the rear of such vehicle,
any or all of the following shall be lawful:
(1) To o with one odically groved
clear plasti ht-angle rear view lens, attached to one rear window of such
wtor vehicle, not e en inches in diameter in thi@ case of a circular
lens or not exceedini3 eleven inches by fourteen inches in the (:ase of a rectanqular
lens, which enables the operator of the motor vehicle to view tielow the line
of sight as viewed tirough the rear window provided such vehicle
with a mirror on eaci side of such vehicle so located as to rel'Iect to the ol)erator
a view of the hiqhwa f for a distance of not less than two hundred feet to the
rear of such vehicle
(2) To ha%,e affixed to the rear window or windows ol a motor vehicle
a@sticker or stickers, regardless of size;
(3) To ha@e affixed to the rear window or windows of a motor vehicle
any sunshading material; or
(4) To operate a motor vehicle when the driver's clear view of the
highway through the rear window or windows is otherwise obstructed.
_Cc) Nothing in this section shall be construed as prohibitin the atftfiixiinq
to the rear window of a motor vehicle of a sinqle sticker no larger than a circle
four inches in diameter, nor shall the provisions of subsection (b) of this
section be applied to a motor vehicle to which but one sticker is so affixed.
Section 22-205. Cleats, etc., on tires, chains.
No tire on a vehicle moved on a highway shall have on its )eriphery any
block, stud, flange, -leat or spike or any other protuberance o' any material
other than rubber whih projects beyond the tread of the tractiin surface of
the tire, except that it shall be permissible to use farm machiiery having pro-
tuberances which will not injure the highway and to use tire chiins of reasonable
-16-
proportions when re@uired for safety because of snow, ice or other conditions
tending to cause a ehicle to slide or skid.
It shall also permissible to use upon any vehicle, who3e gross weight
does not exceed ten thousand pounds, tires with studs which pr,ject not more
than one sixteenth o@ an inch beyond the tread of the traction surface of the
tire when compressed and which cover not more than three perceit of the traction
surface of the tire.
The use of such studded tires shall be permissible from O:tober 15 to April
15.
Section 22-221. Gen rally.
(a) When the siperintendent compels by proclamation of tile governor or
otherwise, the owner or operator of any motor vehicle, trailer or semitrailer
operated upon the hi(hways within this state to submit such velicle to an inspection
of its mechanism and equipment by an official inspection staticn, designated
for that purpose, an any such owner or operator of any such mctor vehicle,
trailer or semitrail r operated upon the highways of this city, who fails to
submit such motor ve@icle, trailer or semitrailer to such inspection or who
fails or refuses to @orrect or have corrected in accordance with the requirements
of this chapter or o@ state law any mechanical defects found by such inspection
to exist, shall be g@ilty of a misdemeanor and each day that suzh motor vehicle,
trailer or semitraile is operated over any highway of the city after failure
to comply with the la shall constitute a separate offense; pro/ided, that the
penalty provided herein shall not be imposed upon any owner or )perator for
operation of a motor yehicle, trailer or semitrailer after the !xpiration of
a period fixed for th@ inspection thereof, over the most direct route between
the place where such @ehicle is kept or garaged and an official inspection station,
for the purpose of ha ing the same inspected pursuant to a priol appointment
with such station for@such inspection.
-17-
(b) The provisions of this section shall not apply to an,y vehicle for
transporting well-drilling machinery licensed under section 46.1-156, Code of
Virginia, or to any @ehicle as defined under section 46.1-1(15it), Code of Virginia,
and licensed pursuar .1-104, Code of Virginia.
Adopted by the @ouncil of the City of Virginia Beach, Vir(inia, on the
20 day of November 1978.
MES/cj
10/27/78
(17)
ITEM #12994
On motion by Councilman @lerrick, second(@d by Councill'-Qal Ferrell,
and by recorded vot-- as follows:
Ayes: Councilmen JDbn A. Baum, F. Reid Ervin, George 11. Ferrell,
Councilwoman Barbari Al. Henley, Clarence@ A. Ilolland, VLce llayor
J. Henry @,IcCoy, Jr., Donald W. Merrick, Councilwoman M(?yera E.
Oberndorf, J. Curti-@ Payne, Roger L. Riggs, and Mayor Ilatrick L.
Standing
Nays: None
Absent: None
City Council voted i-o adopt the following resolution wtich will
allow submittal of t proposal for a Youth Employment Piogram
(Youth Conservation Corps) to be administered through Ihe Commission
of Outdoor Recreation to permit the formulation, appro@al and funding
of this project. Tite total grant award will be for $1(,711; $13,601
is Federal; $1,300 i.s State in-kind match; and $1,810 is local in-kind
match:
- 18 -
RESOLUTION
WHEREAS, the Vi,gioi, Comm'ssiOn of Outdoor Recreation Plovidas fund, to
assist POlitical s@bdiviOiOn of thi State Of Virgini. in improving and developing
open space, park lands, 4.d recr.atio, facilities, and
WHEREAS, there are @eeds within the CitY of Virginia Beach to provide su.Mer
6MPloyment and EIvironmental Education -PportunitLes for youth, and
WHEREAS, the Sector of the C'tY's P'Pulace between the ages of 16 and 22 h,"
an unemployment rate of 12.6 percent, and
WHEREAS, the prop,rt@onare project share is funded up to 80 pelcent by the
Virginia COmmission of outdoor Recreation with the CitY pr-viding tie rernainder
in other than cash match.
NOW, THEREFORE, BE IT RESOLVED BY CITY COUNCIL of t he City of Virginia Beach.
That the City Manager is hereby authorized to cause such informition o,
materials as may be necess6ry t. be pr.vided to thE@ appropriate stat-! agency to
permit the formulation, approval and funding of this project, and
BE IT FURTHER RESOLVE@, the City Council gives its assurance th@t its overall
unemployment rate is curreptly 4.4 percent, and
BE IT FURTHER RESOLVEP, that the City of Virgiiiia Beach will abile by all
applicable State and federa@ regulations governing such expenditure o- funds pro-
vided by the Virginia Commi@sion of Outdoor Recreation, and
ALSO, BE IT FURTHER RE@OLVED, that the Departments of AgricultUrE and Interior,
and the Virginia Commission of Outdoor Recreation are respectfully requested to
assist in the prompt approvll and funding of the Vir@z,inia Beach CitY CDnservation
and/or Recreation Park Proi @ct in order to enhance tlie standard of enj3yment for
all our citizenry.
Adopted by the Co@ncil of the City of Virginia Beach, Virginia,
on the 20 day of Novomber , 1978.
APPgOVED ikS To CONTENY
@ AS TO F@M
C@ -" @- tL@ !"-@Y
ITEM #12995
On motion by Councilman Merrick, secon(led by Councilm,, Ferrell,
and by recorded vote as follows:
Ayes: Councilmen John A. Baum, F. Rei(i Ervin, George R. Ferrell,
Councilwoman Barbara @l. Ilenley, Clarenc@e A. Holland, 7ice Mayor
J. Henry AleCoy, Jr., Donald W. -'derrick, Councilwoman leyera E.
Oberndorf, J. Curtis Payne, Roger L. Riggs, and Mayor Patrick L.
Standing
Nays: None
Absent: None
City Council voted to approve on first reading the following ordinance
to enter into a coqtract totaling $2,122 with the Southeastern Virginia
Planning District Commission and to appropriate these funds:
AN ORDINANCE TO ENTER INTO A
CONTRACT (TOTALLING $2,122) WITH
THE SOUTHEASTERN VIRGINIA PLANNING
DISTRICT COMMISSION AND TO APPROPRIATE
THESE FUNDS
WHEREAS, @he Department of Planning desires to hire a graduate
student as a part-t@me intern, and
WHEREAS, the Southeastern Virginia Planning District Commission
(SVPDC) has agreed to reimburse the City for hiring such an intern with funds
received from the Department of Housing and ljrban Development.
NOW, THERE@ORE, BE IT ORDAINED BY @'HE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
That the C@ty Manager is hereby authorized to enter :.nto a contract
with the SVPDC, and @unds are hereby appropriated for the foll(,wing purpose:
Estimated Revenue Total
From Other Agencies riatic-
Planning Intetn $2 l@22 $2,122
BE IT FURTHER ORDAINED that the appropriations will be financed by
$2,122 estimated reve@ue from the SVPDC, with a local in-kind match of $1,061,
provided in the form @f staff supervisi'on.
FIRST READING: Nov 8
SECOND READING:
Adopted by the Council of the City of Virginia Beach on the
day of 1 1978.
ITEII #129f)6
On motion by Councilman @lerrick, secon(l(@d by Councilman Ferrell, and
by recorded vote as follows:
Ayes; Councilmen 4ohn A. Baum, F. reid Ervin, Geor,,e R. Ferrell,
Councilwoman Barba@a M. Henley, Clarene(@ A. Holland, Vice Ilayor
J. Henry @IeCoy, Jr., Donald W. Merrick, Councilwoman Mpyera E.
Oberndorf, J. Curtis Payne, Roger L. Ri@,gs, and llayor Patrick L.
Standing
liays: None
Absent: lqone
City Council voted to defer the followitig ordinance authorizing a
temporary encroachment into a portion ol' the right-of- ay of Dare
Drive:
AN ORDINANCE TO AUTHORI2'E TEMPORARY
ENCROACHMENTS INTO A PORTION OF THE
RIGHT-OF-WAY OF DARE DRJVE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINI BEACH, VIRGINIA:
That pursuant to the authority and to the extent the,eof contained in
Section 15.1-893, Code of Virginia, 1950, as amended, Bangel-K-amer Enterprises,
Inc., and Henry Beuke are authorized to construct and maintain temporary encroach-
ments into the right-of-way of Dare Drive.
That the temporary encroachments herein authorized ale for the express
purpose of installing and maintaining wells and water lines to enable construction
of a building unit on each lot and are more particularly descr-bed as follows:
LEGAL OWNER: Bangel-Kramer Enterprises, Inc.
LOT 2, BLOCK 28, FACING ON DARE DRIVE
BEGINNING at a point 10 feet N. of the dividing
line of Lots 1 and 2, in Block 28, as shown on
that certain plat recorded in the Clerk's OffiCE
of thc Circuit Court for the City of Virginia
Beach, Virginia, in Map Book 37, at Page 11;
thence running West a distance of 50 feet. along
a line parallel with the property line heretofore
referred to; thence a distance of 1 ft. S. along
a lino parallel with the Western boundary of Lot
2; thence Westerly a distance @)f 3 ft. along a
line parallel with the Southern boundary of said
lot; thence a distance of 3 ft. in a Northerly
direction parallel with the Western boundary of
said lot heretofore referred to; thence a distance
of 3 ft. in an Easterly direction along a line
parallel with the Southern boundary of said lot
heretofore referred to; thence in a Southerly
direction for a distance of 1 ft. along a line
parallel with the Western property line of said
lot h@retofore referred to; thence a distance of
50 ft. in an Easterly directioti along a line
paral el with the Southern boutidary heretofore
refer ed to; thence a distance of I ft. along the
Weste@n property line of the lot heretofore
refer@ed to, to the point of B[-GINNING.
LEGAL OWNER: Henry Beuke
LOT 3, BLOCK 28, FACING ON DAR[: DRIVE
BEGINNING at a point 10 ft. N. of the dividina
line of Lots 2 and 3, in Block 28, as shown on
that cortain plat recorded in t:he Clerk's Office
of tie Circuit Court for the City of Virginia
Beaci, Virginia, in Map Book 37 at Page 11; th(nce
running West a distance of 50 ft. along a line
para lel with the property line heretofore ref(rred
to; :hence a distance of I ft. S. along a line
para lel with the Western boundary of Lot 2; ttence
West@rly a distance of 3 ft. along a line parallel
with the Southern boundary of said lot; thence a
distiince of 3 ft. in a Northerly direction parallel
with the Western boundary of said lot heretofore
refei,red to; thence a distance of 3 ft. in an
East(@rly direction along a line parallel with the
Soutliern boundary of said lot heretofore referred
to; :hence in a Southerly direction for a distance
of 1 ft. along a line parallel with the Westerr
prop(rty line of said lot heretofore referred to;
then(e a distance of 50 ft. in an Easterly direction
alon( a line parallel with the Southern boundary
herelofore referred to; thence a distance of 1 ft.
alon( the Western property line of the lot herEtO-
fore referred to,- to the point of BEGINNING.
LEGAI OWNER: Bangel-Kramer Enterprises, Inc.
LOT 2, BLOCK 28, FACING ON DARE DRIVE
BEGIPNING at a point 10 ft. 14. of the dividing
line of Lots 3 and 4, in Block 28, as shown on
that certain plat recorded in the Clerk's Office
of tke Circuit Court for the City of Virginia
Beac@, Virginia, in Map Book 37 at Page 11;
then(e running West a distance of 50 ft. along
a lire parallel with the property line hereto-
fore referred to; thence a distance of I ft. S.
alonc a line parallel with the Western boundary
of Lct 2; thence Westerly a distance of 3 ft.
alonc a line parallel with the SSouthern boundary
of said lot; thence a distance of 3 ft. in a
Northerly direction parallel with the Western
boundary of said lot heretofore referred to;
thence a distance of 3 ft. in an Easterly
direction along a line parallel with the Southern
boundary of said lot heretofoi,e referred to;
thence in a Southerly direction for a distance
of 1 ft. along a line parallel with the Western
property line of said lot heretofore referred
to; thence a distance of 50 ft. in an Easterly
direction along a line parallel with the Southe,n
boundary heretofore referred to; thence a distaice
of I ft. along the Western property line of the
lot heretofore referred to, tci the point of
BEGINNING.
LEGAL OWNER: Bangel-Kramer Enterprises, Inc.
LOT 5-A, BLOCK 28, FACING ON DARE DRIVE
BEGINIING at a point 10 ft. N. of the dividing
line )f Lots 4 and 5-A, in Block 28, as shown
on thit certain plat recorded in the Clerk's
Offic? of the Circuit Court of the City of
Virgiiia Beach, Virginia, in Map Book 37, at
-2-
Pag 11; thence running West a distance of 40
ft. along a line parallel with the property
lin heretofore referred to; thence a distance
of ft. S. along a line parallel with the
Wes ern boundary of Lot 2; thence Westerly a
dis ance of 3 ft. along a line parallel with
the Southern boundary of said lot; thence a
dis ance of 3 ft. in a Northerly direction
parillel with the Western boundary of said
lot heretofore referred to; thence a distance
of : ft. in an Easterly direction along a line
parillel with the Southern boundary of said
lot heretofore referred to; thence in a
Sou-herly direction for a distance of 1 ft.
alo-g a line parallel with the Western
pro@erty line of said lot heretofore referred
to; thence a distance of 40 ft. in an Easter])
dir(ction along a line parallel with the
Soulhern boundary heretofore referred to;
therce along the Western property line of
the lot heretofore referred to, to the point
of [EGINNING.
PROVIDED HOWEVER, that such authority and permission so granted shall
terminate when the City water lines are installed to service the abovementioned
property, and within sixty (60) days after the date that service is available,
said owner, his he'rs, assigns and successors in title, shall connect to the
City water lines ard said temporary encroachments will termirate.
AND, PRO\IDED FURTHER, that nothing herein contained shall be construed
to relieve said owriers, their heirs, assigns and successors in title from liability
for any negligence on their part.
DEFERREI): November 20, 1978
Adopted y the Council of the City of Virginia Beach, Virginia, on
the _day of 1978.
ITEM #12997
On motion by Councilman @klerricL-, seconded by Councilm@tn Ferrell, and
by recorded vote a3 follows:
Ayes: Councilmen John A. Baum, F. Reid Ervin, George R. Ferrell,
Councilwoman Barba-a M. Henley, Clarence A. Holland, lice Alayor
J. Henry McCoy, ir , Donald W. ?Jerrick, Councilwoman @leyera E.
Oberndorf, J. Curt:-s Payne, Roger L. Riggs, and Mayor Patrick L.
Standing
Nays: None
Absent: None
CitY Council voted to defer the following ordinance authorizing a
temporary encroach0ent into a portion of the right@-of-way of South
Atlantic Avenue:
AN ORDINANCE TO AUTHORIZE A TEMPORARY
ENCROACHMENT INTO A PORTION OF THE
RIGHT-OF-WAY OF SOUTH ATLANTIC AVENUE
BE IT ORCAINED BY THE COUNCIL OF 'rHE CITY OF VIRGINIA BEACH, VIRGINIA:
That pursuant to the authority and to the extent thireof contained in
Section 15.1-893, Code of Virginia, 1950, a!; amended, Bangel-<ramer Enterprises,
Inc., is authorized to construct and mainta@n a temporary enc,oachment into the
right-of-way of South Atlantic Avenue.
That the temporary encroachment herein authorized i; for the express
purpose of installiig and maintaining a well and water lines -.o enable construction
of a building unit n the lot and is more particularly descri)ed as follows:
LEGAI. OWNER: Bangel-Kramer Enterprises, Inc.
LOT 13, BLOCK 28, FACING ON SOUTI] ATLANTIC AVEIIUE
BEGI14NING at a point 10 ft. N. of the dividing
line of Lots 12 and 13, in Block 28, as shown
on tliat certain plat recorded in the Clerk's
Offi(@e of the Circuit Court for the City of
Virg'nia Beach, Virginia, in Map Book 37, at
Page 11; thence running East a distance of 50
ft. elong a line parallel with the property
line heretofore referred to; thence a distance
of I ft. S. along a line parallel with the
EaStErn boundary of Lot 13; thence Easterly
a distance of 3 ft. along a line parallel with
the (outhern boundary of said lot; thence a
distEnce of 3 ft. in a Northerly direction
parallel with the Eastern boundary of said
lot leretofore referred to; thence a distance
of 3 ft. in a Westerly direction along a line
parallel with the Southern bOlAndary of said
lot @eretofore referred to; thence in a
Sout@erly direction for a dis-tance of 1 ft.
along a line parallel with the Eastern
property line of said lot her(@tofore referred
to; thence a distance of 50 ft. in a Westerly
direction along a line parall(@l with the
Soutfiern boundary heretofore t@eferred to;
thence a distance of 1 ft. alc)ng the Eastern
property line of the lot heretofore referred
to, t) the point of BEGINNING.
PROVIDED, IOWEVER, that such author@ity and permissioii so granted shaTI
terminate when the City water lines are installed to service tlie abovementioned
property, and within sixty (60) days after t@e date that servic:e is available,
said owner, his heir , assigns and successors in title, shall (:onnect to the
City water lines aid said temporary encroachment will terminate.
AND, PROIIDED FURTHER, that nothing herein contained shall be construed
to relieve said ow ers, their heirs, assigns and successors in title from liability
for any negligence on their part.
DEFER@ED: Tiovember 20, 1978
Adopted @y the Council of the City of Virginia Beach, Virginia, on
the day of] 1978.
MES/cj
11/14/78
(31)
ITEDI #12998
On motion by Counc@iman Merrick, seconded by CouncilmLn Ferrell, and
by recorded vote a@ follows:
Ayes: Councilrqen John A. Baum, F. Reid Ervin, George R. Ferrell,
Councilwoman Barbata M. Henley, Clarence A. Holland, lice Mayor
J. Henry McCo@7, ir,, Donald W. Merrick, Councilwoman @eyera E.
Oberndorf, J. Curtis Payne, Roger L. Rig.@s, and @layor Patrick L.
Standing
Nays: None
Absent: 14one
City Council voted to defer the following ordinance atthorizing a
temporary encroachment into a portion of the right-of-way f
Vanderbilt Avenue:
-2-
AN ORDINANCE TO AUTHORIZE TEMPORARY
ENCROACHMENTS INTO A PORTION OF THE
RIGHT-OF-WAY OF VANDERBILT AVENUE
BE IT OROAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That pursuant to the authority and to the extent thereof contained
in Section 15.1-893, Code of Virginia, 1950, as amended, Bangel-Kramer Enterprises,
Inc., is authorized to construct and maintain temporary encroachments into the
right-of-way of Vanderbilt Avenue.
That the temporary encroachments herein authorized are for the express
purpose of installing and maintaining wells and water lines to enable construction
of a building unit on each lot and are more particularly described as follows:
LEGAL OWNER: Bangel-Kramer Enterprises, Inc.
LOT 28, BLOCK 28, FACING ON VANDERBILT AVENUE
BEGINNING at a point 10 ft. N. of the dividing line of
Lots 27 and 28 in Block 28 as shown on
that certain plat recorded in the Clerk's Office
of the Circuit Court for the City of Virginia
Beach, Virginia, in Map Book 37, at Page 11;
thence running East a distance of 120 ft. along
a line parallel with the property line heretofore
referred to; thence a distance of 840 ft. S. along
a line parallel with the Eastern boundary of Lot
28; thence Westerly a distance of 3 ft. along a
line parallel with the Southern boundary of said
lot; thence a distance of 3 ft. in a Southerly
direction parallel with the Eastern boundary of
said lot heretofore referred to; thence a distance
of 2 ft. in an Easterly direction along a line
parallel with the Southern boundary of said lot
heretofore referred to; thence in a Southerly
direction for a distance of 839 ft. along a line
parallel with the Eastern property line of said
lot heretofore referred to; thence a distance of
119 ft. in a Westerly direction along a line parallel
with the Southern boundary heretofore referred to;
thence a distance of 1 ft. along the Western property
line of the lot heretofore referred to, to thE point
of BEGINNNG.
LEGAL OWNER: Bangel-Kramer Enterprises, Inc.
LOT 27, BLOCK 28, FACING ON VANDERBILT AVENUE
BEGINNING at a point 10 ft. S. of the dividing
line of Lots 27 and 28 in Block 28, as shown on
that certain plat recorded in the Clerk's Office
of the Circuit Court of the City of Virginia BE@ach,
Virginia, in Map Book 37 at Page 11; @hence rurning
East a distance of 120 ft. along a line paralle@l
with the property line heretofore referred to;
thence a distance of I ft. S. along a Tine parz.llel
with the Eastern boundary of Lot 27; thence Ea!terly
a distance of 3 ft. along a line parallel with the
Southern boundary of said lot; thence a distan(e of
3 ft. in a Northerly direction parallel with tle
Eastern boundary of said lot heretofore referr(d
to; thence a distance of 3 ft. in a Westerly
direction along a line parallel with the SouthErn
boundary of said lot heretofore referred to; tience
in a Southerly direction for a distance of 1 fl.
aTong a line parallel with the Eastern proper@,
line of said lot heretofore referred to; thenci a
distance of 120 ft. in an Easterly direction a'ong
a line paratlel with the Southern boundary herito-
fore referred to; thence a distance of I ft. a@ong
the Eastern property line of the lot heretoforl
referred to, to the point of BEGINNING.
LEGAL OWNER: Bangel-Kramer Enterprises, Inc.
LOT 3, BLOCK 22, FACING ON VANDERBILT AVENUE
BEGINNING at a point 10 ft. N. of the dividing
line of Lots 2 and 3 in Block 22, as shown on
that certain plat recorded in the Clerk's Offi(e
of the Circuit Court of the City of Virginia B(ach,
Virginia, in Map Book 37 at Page 11; thence ruining
West a distance of 50 ft. along a line paralle' with
the property line heretofore referred to; then(e a
distance of 1 ft. S. along a line parallel witl the
Western boundary of Lot 2; thence Westerly a d-stance
of 3 ft. along a line parallel With the Southe n
boundary of said lot; thence a distance of 3 f . in
a Northerly direction parallel with the Wester
boundary of said lot heretofore referred to; t ence
a distance of 3 ft. in an Easterly direction a ong
a line parallel with the Southern boundary of aid
lot heretofore referred to; thence in a Southe ly
direction for a distance of 1 ft. along a line
parallel with the Western property line of sai(i
lot heretofore referred to; thence a distance ()f
50 ft. in an Easterly direction along a line
parallel with the Southern boundary heretofore
referred to; thence a distance of I ft. along
the Western property line of the lot heretoforl!
referred to, to the point of BEGINNING.
LEGAL OWNER: Bangel-Kramer Enterprises, Inc.
LOT 5, BLOCK 22, FACING ON VANDERBILT AVENUE
BEGINNING at a point 10 ft. N. of the dividing
line of Lots 4 and 5 in Block 22, as shown on
that certain plat recorded in the Clerk's Offi(e
of the Circuit Court of the City of Virginia B(ach,
Virginia, in Map Book 37 at Page 11; thence ruyning
-2-
West a distance of 50 ft. along a line paralle with
the property line heretofore referred to; then:e a
distance of 1 ft. S. along a line parallel witi
the Western boundary of Lot Z; thence Westerly a
distance of 3 ft. along a line paratlel with tie
Southern boundary of said lot; thence a distan:e
of 3 ft. in a Northerly direction parallel witi
the Western boundary of said lot heretofore re7erred
to; thence a distance of 3 ft. in an Easterly iirec-
tion along a line parallel with the Southern b)undary
of said lot heretofore referred to; thence in 1
Southerly direction for a distance of I ft. al)ng
a line parallel with the Western property line of
said lot heretofore referred to; thence a distince
of 50 ft. in an Easterly direction along a lina
parallel with the Southern boundary heretofore
referred to; thence a distance of 1 ft. along the
Western property line of the lot heretofore referred
to, to the point of BEGINNING.
LEGAL OWNER: Bangel-Kramer Enterprises, Inc.
LOT 6, BLOCK 22, FACING ON VANDERBILT AVENUE
BEGINNING at a point 10 ft. N. of the dividing
line of Lots 5 and 6 in Block 22, as shown on
that certain plat recorded in the Clerk's Offi:e
of the Circuit Court of the City of Virginia Baach,
Virginia, in Map Book 37 at Page 11; thence ruining
West a distance of 50 ft. along a line parallel with
the property line heretofore referred to; then:e a
distance of 1 ft. S. along a line parallel with the
Western boundary of Lot 2; thence Westerly a distance
of 3 ft. along a line parallel with the Southe'n
boundary of said lot; thence a distance of 3 f;. in
a Northerly direction parallel with the Westerl
boundary of said lot heretofore referred to; tience
a distance of 3 ft. in an Easterly direction a,ong
a line parallel with the Southern boundary of ;aid
lot heretofore referred to; thence in a Southe.@ly
direction for a distance of I ft. along a line
parallel with the Western property line of said
lot heretofore referred to; thence a distance of
50 ft. in an Easterly direction along a line
parallel with the Southern boundary heretofore
referred to; thence a distance of 1 ft. along the
Western property line of the lot heretofore referred
to, to the point of BEGINNING.
PROVIDED, HOWEVER, that such authority and permission so granted shall
terminate when the City water lines are installed to service the abovementioned
property, and within sixty (60) days after the date that service is available,
said owner, his heirs, assigns and successors in title, shall connect to the
City water lines and said temporary encroachment will teminate.
-3-
AND, PROVIDED FURTHER, that nothing herein containei shall be construed
to relieve said owners, their heirs, assigns and successors in title from liability
for any negligence on their part.
DEFERRED: November 20, 1978
Adopted by the Council of the City of Virginia Beach, Virginia, on
the day of 1978.
MES/cj
11/14/78
(31)
ITEAL #12999
on motion by Councilman @Aerrick, seconded by CouncilmLn Ferrell, and
by recorded vote as follows:
Ayes: Councilmen John A. Baum, F. Reid Ervin, George R. Ferrell,
Councilwoman Barbara @A. Henley, Claren(,e A. Holland, ice @,layor
J. Henry McCoy, Jr., Donald W. Merrick, Councilwoman evera E.
Oberndorf, J. Curtis Payne, Roger L. Riggs, and 11/21ayor Patrick L.
Standing
-Tays: lione
Absent: I-Tone
City Council voted to defer the following ordinance authorizing a
temporary encroachment into a portion of the right-of-way of Surfside
Avenue:
-4-
AN ORDINANCE TO AUTHORIZE A TEMPORARY
ENCROACHMENT INTO A PORTION OF THE
RIGHT-OF-WAY OF SURFSIDE AVENUE
BE IT ORDAIRED BY THE COUNCIL OF THE CITY OF VIRGIR'A BEACH, VIRGINIA:
That pursuant to the authority and to the extent th!reof contained in
Section 15.1-893, Code of Virginia, 1950, as amended, Bangel-',ramer Enterprises,
Inc., is authorized to construct and maintain a temporary enc-oachment into the
right-of-way of Surfside Avenue.
That the temporary encroachment herein authorized i; for the express
purpose of installing and nointaining a well and water lines to enable construction
of a building unit on the lot and is more particularly descri)ed as follows:
LEGAL OWNER: Bangel-Kramer Enterprises, Inc.
LOT 1, BLOCK 21, FACING ON SURFSIDE AVENUE
BEGINNING at a point 10 ft. N. of the dividing
line of Lots 3 and 4, in Block 22, as shown on
that certain plat recorded in the Clerk's Offie
of the Circuit Court of the City of Virginia
Beach, Virginia, in Map Book 37 at Page 11;
thence running West a distance of 50 ft. along
a line parallel with the property line hereto-
fore referred to; thence a distance of 1 ft. S.
along a line parallel with the Western boundary
of Lot 2; thence Westerly a distance of 3 ft.
along a line parallel with the Southern boundary
of said lot; thence a distance of 3 ft. in a
Northerly direction parallel with the Western
boundary of said lot heretofore referred to;
thence a distance of 3 ft. in an Easterly
direction along a line parallel with the South?rn
boundary of said lot heretofore referred to; tience
in a Southerly direction for a distance of 1 ft.
along a line parallel with the Western propert@
line of said lot heretofore referred to; thenc@
a distance of 50 ft. in an Easterly direction
along a line parallel with the Southern boundary
heretofore referred to; thence a distance of 1 ft.
along the Western property line of the Tot hereto-
fore referred to, to the point of BEGINNING.
PROVIDED, HOWEVER, that such authority and permission so granted shall
terminate when the City water lines are installed to service the abovementioned
property, and within sixty (60) days after the date that service is available,
said bwner, his heirs, assigns and successors in title, shall connect to the
City water lines and said temporary encroachment will terminate.
AND, PROVIDED FURTHER, that nothing herein containec shall be construed
to relieve said owners, their heirs, assigns and successors ir title from liability
for any negligence on their part.
DEFERRED: November 20, 1978
Adopted by the Council of the City of Virginia Beac Virginia, on
the day of 1978.
MES/cj
11/14/78
(31)
ITEM #13000
On motion by Councilman llerrick, seeoiided by Councilm@n Ferrell, and
by recorded vote as follo@,;s:
Ayes: Councilmen John A. Baum, F. Reid Ervin, George R. Ferrell,
Councilwoman Barbara M. Henley, Clarence A. Holland, @ice @layor
J. Henry McCoy, Jr., Donald W. laerrick, Councilwoman Neyera E.
Oberndorf, J. Curtis Payne, Roger L. Riggs, and @,layor Patrick L.
Standing
Nays: None
Absent: None
City Council voted to approve the following ordinance authorizing
a temporary encroachment into a portion of the right- f-way of
Virginia Beach Boulevard to permit Wendy's of Virgini@, Inc., to
locate a directional sign for their store:
-2-
Requested by: Public Works Director/City Manager
AN ORDINANCE TO AUTHORIZE A TEMPORARY
ENCROACHMENT INTO A PORTION OF THE RIGHT-
OF-WAY OF VIRGINIA BEACH BOULEVARD.
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That pursuant to the authority and to the extent ther@of contained in
Section 15.1-893, Code of Virginia, 1950, as amended, Wendy's o@ Virginia, Inc.,
is authorized to erect and maintain a temporary encroachment in the City right-
of-way of Virginia Beach Boulevard.
That the temporary encroachment herein authorized is for the purpose
of erecting a sign for Wendy's of Virginia, Inc., and that said sign shall be
erected in accordance with the City of Virginia Beach Public Wotks Department's
specifications as to size, alignment and location, and further that such temporary
encroachment is more particularly described as follows:
Located within the right of way of the City of
Virginia Beach, Virginia, and along the north side
of Virginia Beach Boulevard and adjoining the
property of Triple S Associates, which property
of Triple S Associates contains 0.565 acres and
is shown on a plat entitled, "Plat of the Property
of Triple S Associates, Lynnhaven Borough, Virginia
Beach, Virginia", dated December 1977, and made
Marsh and Basgier, Inc., Engineers, Surveyors an@
Planners and is attached to that certain deed from
F. Wayne McLeskey, Jr., et ux, dated December 19,
1977, and recorded in the Clerk's Office of the
Circuit Court of Virginia Beach in Deed Book 1736,
at page 772, said signs being more particularly
located as follows: Sign #1 - from a point located
28 feet east of the southwest boundary line of s4id
property line of Triple S Associates and running
along a line parallel to the said property line @.10
feet into the said right of way. Sign #2 - from a
point 18 feet west of the southeast boundary lino of
the said property line of Triple S Associates and
running along a line parallel to tlie said property
line 1.98 feet into the said right of way.
PROVIDED, HOWEVER, that the temporary encroachment herein authorized
will terminate upon notice by the City of Virginia Beach to any manager, officer
or director of Wendy's of Virginia, Inc., and that within ten days after such
notice is given, said sign will be removed from the City right-of-way of Virginia
Beach Boulevard by Wend\,/'s of Virginia, Inc., and that Wendy's of Virginia, Inc.,
shall bear all costs and expenses of such removal.
AND, PROVIDED FURTHER, that it is expressly understood and agreed that
Wendy's of Virginia, Inc., will indemnify and hold harmless the City of Virginia
Beach, its agent and employees, from and against all claims, darhages, losses, and
expenses including reasonable attorney's fees in case it shall @e necessary to
file or defend an action arising out of the location or existence of such sign.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
20 day of @iovember 1978.
MES/ci
IO/ 17/78
ITEP,l #13001
On motion by Councilman Ilerrick, seconded by Councilmqn Ferrell, and
by recorded vote as follows:
Ayes: Councilmen John A. Baum, F. Reid Ervin George Ferrell,
Councilwoman Barbara M. Ilenley, Clarence A. A.Iland, @ice Mayor
J. Henry McCoy, Jr., Donald W. !Aerricl[, Councilwoman @leyera E.
Oberndorf, J. Curtis Payne, Roger L. Riggs, and Mayor Patrick L.
Standing
Nays: None
Absent: None
City Council voted to approve the following ordinance to provide
a position of City Clerl@ Designate and to transfer $8,786 for the
remainder of the year:
-2-
AN ORDINANCE TO PROVIDE A POSITION
OF CITY CLERK DESIGNATE AND TO
TRANSFER $8,786 FOR THE REMAINDER
OF THE YEAR
WHEREAS, the City Clerk has announced his retirement; and
WHEREAS, the City Council has selected a replacement; and
WHEREAS, Section 2 of the appropriations ordinance for the fiscal
year 1978-79 provides for the total number of positions as established
therein and any increase in positions must be authorized by City Council.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VTRGINIA:
That a position of City Clerk Designate is hereby created for
the remainder of the calendar year 1978 and the amount of $8,786 is hereby
transferred from Reserve for Contingencies for salary purposes.
Adopted by the Council of the City of Virginia Beach on the 20
day of @iovember 1978.
ITT'.f@l #13002
On motion by Councilman Merrick, seconded by Councilman Ferrell, and
by recorded vote as follows:
Ayes: Councilmen John A. Baum, F. Reid Ervin, George R. Ferrell,
Councilwoman Barbara iNf. Ilenley, Clarence A. Ilolland, 'Vice Mayor
J. Henry 14cCoy, Jr., Donald W. llerrick, Councilwoman Meyera E.
Oberndorf, J. Curtis Payne, Roger L. Riggs, and @.layor Patrick L.
Standing
Nays: lione
Absent: None
City Council voted to a')@,)rove the forwarding of the following ordinance
to amend and reordain Section 216 paragraphs (e) and (f) relating to
outdoor advertising structures, billboards, signboards and poster panels
by adding Indian River Road to those streets having special sign re-
strictions to the Planning Commission for their comments and recommen-
dations:
Requested by: Vice Mayor McCoy
AN ORDINANCE TO AMEND AND REORDAIN
SECTION 216 PARAGRAPHS (e) AND (f)
RELATING TO OUTDOOR ADVERTISING
STRUCTURES, BILLBOARDS, SIGNBOARDS
AND POSTER PANELS BY ADDING INDIAN
RIVER ROAD TO THOSE STREETS HAVING
SPECIAL SIGN RESTRICTIONS
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BF-ACH,
VIRGINIA:
That Section 216, Paragraphs (e) and (f) are amended and reordained
to read as follows:
(e) Outdoor advertising structures, billboards, signboards, off-site
directional signs and poster panels which are displayed on a rental, lease, or
other basis are prohibited from being erected along or oriented toward streets
or portions thereof which have been designated by the governing body and
delineated on the map entitled "Streets Having Special Sign Restrictions",
recorded June 7, 1971 with the clerk of the city council, as amended.
(f) The following streets, highways, interstates, and expressways
shall, beginning with the effective date of this ordinance, or a duly ordained
amendment thereto, be designated to have special sign restrictions:
Northampton Boulevard, Independence Boulevard, Shore Drive (U.S. 60), First
Colonial Road, Great Neck Road, Virginia Beach-Norfolk Expressway (Va. Rt. 44),
General Booth Boulevard, U. S. Interstate 64, Sandbridge Road, False Cape Parkway,
Lynnhaven Parkway, Kempsville Road, Providence Road and Indian River Road.
Adopted by the Council of the City of Virginia Beach on the 20
day of @liovember 1978.
JDB: er
11-15-78
ITEM @13003
The following bids have been received for the Holland Road, Phase
III water line project:
A & W Contractors, Inc. $146,527.24
Utility Builders, Inc. 162,660.00
A. Stanley Mundy & Company 214,153.30
Carter-Bell Corporation 215,353.00
D. J. W. Construction Co., Inc. 218,003.25
Falcon Construction 228,509.00
Engineer's Estimate $288,738.20
On motion by Councilman Merrick, 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. DIerrick, Councilwoman Meyera E.
Oberndorf, J. Curtis Payne, Roger L. Riggs, and @layor Patrick L.
Standing
Nays: None
Absent: lqone
City Council voted to approve the low bid of A & W Contractors, Inc.,
in the amount of $146,527.24 for the Holland Road, Phase III water
line project; and further authorized the City Manager to enter into
the necessary agreements for the implementation of this project.
ITEM #13004
On motion by Councilman @lerrick, seconded by Councilman Ferrell, and
by recorded vote as follows:
Ayes: Councilmen John A. Baum, F. Reid Ervin, George R. Ferrell,
Councilwoman Barbara 11. lienley, Clarence A. Ilolland, Vice Mayor
J. Ilenry McCoy, Jr., Donald W. Alerrick, Councilwoman Ileyera E.
Oberndorf, J. Curtis Payne, Roger L. Riggs, and @,layor Patrick L.
Standing
Nays: None
Absent: None
City Council voted to approve the request of the American Cancer
Society for a bingo/raffle permit.
ITEM #13005
On motion by Councilwoman Oberndorf, secon(ted by Vice Mayor McCoy,
and by recorded vote as folloivs:
Ayes: Councilmen John A. Baum, F. Reid Ervin, George R. Ferrell,
Councilwoman Barbara D.I. Henley, Clarence A. Ilolland, Vice Mayor
J. Henry McCoy, Jr., Donald W. Merrick, Councilwoman i,4eyera 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 or(linance
to appropriate $8,000 as the City of Virginia Beach's share of the local
match for a grant from the Division of Justice and Crime Prevention for
the continuing funding of the Institute on Criminal Justice:
AN ORDINANCE TO APPROPRIATE $8,000
AS THE CITY OF VIRGINIA BEACH'S
SHARE OF THE LOCAL MATCH FOR
A GRANT FROM THE DIVTSION OF
j@@TTt@ im @@IVI
WHEREAS, the Division of Justice and Crime Prevention (DJCP)
has awarded a grant to continue funding the Institute on Criminal Justice,
which serves the Cities of Portsmouth, Norfolk, Chesapeake, and Virginia
Beach, and
WHEREAS, the grant requires a local match totalling $32,000, $8,000
from each city, and
WHEREAS, the City of Virginia Beach wishes to continue receiving
assistance from the Institute on Criminal Justice.
NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
That $8,000 be appropriated from the City's Unappropriated Fund
Balance as its share of the required local match for the continued funding
of the Institute on Criminal Justice.
FIRST READING: TqQvember 13, 1978
SECOND READING:-November 20, 1978
Adopted by the Council of the City ot Virginia Beach on the 20
day of November 1978.
GGD:JDB:er
11-7-78
AN ORDINANCE TO APPROPRIATE $8,000
AS THE CITY OF VIRGINIA BEACH'S
SHARE OF THE LOCAL MATCH FOR
A GRANT FROM THE DIVISION OF
JUSTICE AND CRIME PREVENTION
WHEREAS, the Division of Justice and Crime Prevention (DJCP)
has awarded a grant to continue funding the Institute on Criminal Justice,
which serves the Cities of Portsmouth, Norfolk, Chesapeake, and Virginia
Beach, and
WHEREAS, the grant requires a local match totalling $32,000, $8,000
from each city, and
WHEREAS, the City of Virginia Beach wishes to continue receiving
assistance trom the Institute on Criminal Justice.
NOW, THEREFORE BE IT ORDATNED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
That $8,000 be appropriated from the City's Unappropriated Fund
Balance as its share of the required local match for the continued funding
of the Tnstitute on Criminal Justice.
FIRST READING: NQVPMber 13, 1978
SECOND READING:-November 20, 1978
Adopted by the Council of the City ot Virginia Beach on the 20
day of November 1978,
GGD:JDB:er
11-7-78
ITEM #13006
On motion by Vice Mayor McCoy, seconded by Councilman Ilolland, and
by recorded vote as follows:
Ayes: Councilmen John A. Baum, F. Reid Ervin, Councilwoman Barbara
M. Henley, Clarence A. Holland, Vice Mayor J. Ilenry McCoy, Jr.,
Donald W. Merrick, Councilwoman Meyera E. Oberndorf, J. Curtis Payne,
Roger L. Riggs, and @layor Patricl@ L. Standing
Nays: Councilman George R. Ferrell
Absent: None
City Council voted to approve on second reading the following ordinance
to accept $28,481 from tlie Division of Justice and Crime Prevention and
to appropriate these funds:
AN ORDINANCE TO ACCEPT $28,481
FROM THE DIVISION OF JUSTICE AND
CRIME PREVENTION To APPROPRIATE
THESE FLJNDS
WHEREAS, the Juvenile Court and the Sociai Services Department ot
the City of Virginia Beach wish to organize a program to divert predelinquent
youths from the criminal justice system; ana
WHEREAS, the Division ot Justice and Crime Prevention (DJCP) has
awarded the City a grant to establish such a program.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
That the City Manager is hereby authorized to accept a grant for
the City, ana tunas are nereby appropriated, for the following purpose:
Estimated Revenue Total
From Other Agencies Appropriations
National Youth Program
Using Motorbikes $28_481 $28_481
BE IT FURTHER ORDAINED THAT the appropriations will be tinancea
100% by federal funds from the DJCP.
FIRST READING:-November 13, 1978
SECOND READING:-November 20, 1978
Adopted by the Council of the City of Virginia Beach on the 20
day of November -, 1978.
ITEM #13007
On ,notion by Councilman Ferrell, seconded by Councilman Holland, and
by recorded vote as folloivs:
Ayes: Councilmen John A. Baum, F. Reid Ervin, George R. Ferrell,
Councilwoman Barbara M. Henley, Clarence A. liolland, Vice Mayor
J. Henry McCoy, Jr., Donald @V. ?,Ierrick, Councilwoman Meyera E.
Oberndorf, J. Curtis Payne, Roger L. Riggs, and Mayor Patrick L.
Standing
@@ays: None
Absent: None
City Council voted to approve on second reading the following ordinance
to accept $11,798 from the Southeastern Tidewater Area Manpower Author-
ity and to appropriate these funds:
AN ORDINANCE TO ACCEPT $11,798
FROM THE SOUTHEASTERN TIDEWATER
AREA MANPOWER AUTHORTTY AND TO
APPROPRIATE THESE FUNDS
WHEREAS, the City of Virginia Beach wishes to continue its current
Title I Employment Program under the Comprehensive Employment and Training
Act ot 1973 (CETA); and
WHEREAS, the Southeastern Tidewater Area Manpower Authority (STAMA)
has approved $11,798 in order to fund this program.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That the City Manager is hereby authorized to accept the grant for
the City, and funds are hereby appropriatea tor tne tollowing purpose:
Estimated Revenue Total
From other Ag nc@ies riatio@s
CETA - Title I $Ll-91, $11,798
BE IT FURTRER ORDAINED that the appropriations will be financed
100% by federal funds from STAMA.
FIRST READING: November 13 1978
SECOND READING:November 20, 1978-
Adopted by the Council of the City of Virginia Beach on the 20
day ot November , 1978.
ITEM #13008
On motion by Councilman Payne, seconded by Councilman Baum, 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 @layor
J. Henry McCoy, Jr., Councilwoman Meyera E. Oberndorf, J. Curtis
Payne, Roger L. Riggs, and Alayor Patrick L. Standing
Nays: Councilman Donald W. @lerrick
Absent: None
city Council voted to approve on second reading the following ordinance
to appropriate $9,378 for two night watchmen for the Bendix TZoad Refuse
Facility and two uniforms:
AN ORDINANCE TO APPROPRIATE FUNDS
FOR TWO NIGHT WATCHMEN FOR THE
BENDIX ROAD REFUSE FACILITY
WHEREAS, refuse vehicles worth approximately two to three million
dollars ($2 to $3,000,000) are currently being stored at the Bendix Road Refuse
Facility, and
WHEREAS, the refuse vehicles stored there each night are continually
subject to vandalism, and
WHEREAS, the Department of General Services requests that two night
watchmen, effective November 16, 1978, be hired to increase security of the Bendix
Road Refuse Facility, and
WHEREAS, it is estimated that the cost of two night watchmen plus uni-
forms is approximately $9,378, and
WHEREAS, funds are available from the Department of Public Works Refuse
Collection Division due to unfilled positions, and
WHEREAS, such funds are available for transfer to the General Services
Department for the cost of two night watchmen plus uniforms,
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH:
That funds in the amount of $9,378 be transferred from the Department
of Public Works Refuse Collection Division and appropriated to the General
Services Department for the following:
Salary of two Night Watchmen $ 9,182
Cost of two uniforms 196
TOTAL $ 9,378
First Reading liovember 13, 1978
Second Reading November 20, 1978
Adopted by the Council of the City of Virginia Beach on the 20 day
of November 1978.
GGD:JDB:er
10-31-78
ITEti @113009
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, Clarenc(, 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: lione
Absent: None
City Council voted to approve on second reading the following ordinance
to appropriate $16,000 to the Blackwater Volunteer Fire and Rescue Squad
Department for the purchase of a '[R,.rf,'er @)mbulance:
AN ORDINANCE TO APPROPRIATE $16,000
TO THE BLACKWATER VOLUNTEER FIRE AND
RESCUE DEPARTMENT FOR THE PURCHASE OF
A LARGER AMBULANCE
WHEREAS, the Blackwater Volunteer Fire and Rescue Department
had identified an immediate need for a larger ambulance capable
of better meeting the needs of the citizens within the service
area, and
WHEREAS, a new ambulance is estimated to cost approximately
$26,000 and sufficient funds will be available within the department
for $10,000 of this amount, and
WHEREAS, the department can expect income from the annual fund
drive of only $1,300 which is not sufficient to support repayments
on a loan and
WHERFAS, a donation from the City of Virginia Beach is considered
to be the most appropriate means of funding for the remaining $16,000
of the cost.
NOW, THEREFORE BE TT RESOLVED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH that $16,000 be appropriated and paid to the Blackwater
Volunteer Fire and Rescue Department to be applied toward the purchase
of a larger ambulance.
Adopted by the City Council of the City of Virginia Beach on this
20 day of November 1978.
First Reading: @llovember 13, 1978
Second Reading: Novc-,mber 20, 1978
ITEDI #13010
On motion by Councilman Holland, seconded by Councilman Riggs, and
by recorded vote as follows:
Ayes: Councilmen John A. Baum, F. Reid Ervin, George R. Ferrell,
Councilwoman Barbara @l. Ifenley, Clarence A. Ilolland, Vice Alayor
J. Henry i@IcCoy, Jr., Donald W. @,lerricl,,, Councilwoman @,leyera E.
Oberndorf, J. Curtis Payne, Roger L. Riggs, and @,layor Patrick L.
Standing
Nays: iione
Absent: None
City Council voted to approve on second reading the following ordinance
to appropriate $19,000 to the Davis Corner Volunteer Fire Department
and Rescue Squad, Inc., for motorized life support equipment:
AN ORDINANCE To APPROPRIATE $19,000
TO THE DAVIS CORNER VOL,UNTEER FIRE
DEPARTMENT AND RESCUE SQUAD, INC.
FOR MOTORIZED LTFE SUPPORT EQUIR@NT
WHEREAS, Davis Corner Volunteer Fire Department and Rescue Squad
Inc. is in the process of purchasing tw. Life Support Vehicles for a
total purchase cost of $36,000 and,
WHEREAS, the department has sufficient funds to make a down
payment of $17,000 and planned to borrow the additional funds of
$19,000 but the payment of bank interest charges did rxot appear to
be the best utilization of funds obtained through fund drives and,
WHEREAS, it is considered to be more appropriate for the city
to make an advance of $19,000 to the Rescue Squad for the equipment
purchase.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH that $19,000 be appropriated and paid to the Davis
Corner Volunteer Fire and Rescue Squad, Inc. as partial payment on
two life support vehicles. It is anticipated that these funds will
,be returned to the city on the following schedule from contrib,tions.
June 15, 1979 $ 5,000
June 15, 1980 5,000
June 15, 1981 5,000
June 15, 1982 4,000
Total $191go-O
Adopted by the Council of the City of Virginia Beach on this
20 day of November 1 1978.
First Readinq: Novenber 13, 1978
ITE@,', @IMII
An Ordinance upori Application of Dadsori Arms, Ltd., for a Loninq
District Classifi cation fron) A-1 Apartnient District to A-2 Apartment
District on certain propet@ty located 20 feet East of Pleasure House Road
beginning at a point 186 fef-'t Nort@l of North Greenwell Road, running a
distance of 226.66 feet along the Western property line, running a distance
of 394.26 feet along the Northern property line, running a distance of
110.26 feet along the la,-terri property line and running a distance of
438.48 feet along the So(ithern propef-ty line. Said parcel contains 1.572
acres. BAYSIDE BOROUGH,
Planning Commission Recommeridation:
A motion was passed tiriariinotisly by t.he Plaiiiiing Cominission by a recorded
vote of 11 to approve this tequest stabject to the following conditions in
conjunction with th@, inter)(jed use c)f tile land:
1. Standard @s @equire(,' Ly t@ie@ Site Plar Ordinance.
2. City water and seiqet'.
3. Right-of-way ivfipro,,:@iiiLrits will be r@@cessary on PI(@asure House Road;
this iricludes pavi,i,i,iit widc:riing, cil@rt) ind gt,-tter, sidewalk and drain-
age facilities,
Mr. Art Zimmerly, General Contractor of Dadson Arms, Ltd., appeared
in favor of this matter
On motion by Councilman Holland, seconded by Councilman Merrick, and
by recorded vote as follows:
Ayes: Councilmen John A. Baum, F. Reid Ervin, George R. Ferrell,
Councilwoman Barbara @l. lienley, Clarence A. Ilolland, Vice Alayor
J. Henry McCoy, Jr., Donald W. Merricl@, Councilwoman Meyera E.
Oberndorf, J. Curtis Payne, Itoger L. Riggs, and @Aayor Patrick L.
Standing
I@ays: None
Absent: None
City Council voted to approve the following ordinance upon application
of Dadson Arms, Ltd., for a Change of Zoning District Classification
from A-1 Apartment District t-o A-2 Apartment District:
ORDINANCE UPON APPLICATION OF DADSON ARIIS, LTD., FOR Z01178391
A CHANGE OF ZONING DISTRICT CLASSIFICATIOT-T FROM A-1
Apartment District to A-2 Apartment District
BE IT ORDAINED BY THE COU14CIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA, that:
Application of Dadson Arms, Ltd., for a Chan,-,e of Zoning District
Classification from A-1 Apartment District to A-2 Apartment District
on certain property located 20 feet -last of Pleasure Ilouse Road beg-
inning at a point 186 feet North of North Greenwell Road, running a
distance of 226.66 feet along the Western property line, running a
distance of 394.26 feet alon- the Northern property line, running a
distance of 110.26 feet along the Eastern property line and running
a distance of 438.48 feet along the Southern property line. Said
parcel contains 1.572 acres. Bayside Borough.
Approval is subject to the followi.ng conditions in conjunction with
the intended use of the land:
1. Standard im rovements a r
ITEM #13OL2
rdinance upon AI)plicatiOn of E. T. Catoll, ill and J, Peter Holland,
An 0 ification from A-1 Apartment
iii, for a Ch@e proerty 'ocated on the North
District tO A-2 Apa ""'t 550 f land
side of Shipp's Cor Road beginning at a I eet East of Ho,
Road, running a dis , of 967.59 feet along the North side of Shipp's
ner Road, runni a distance of 1850 feet itiore or less along the Eastern
Cor f 904.21 feet in a Southwesterly
property line, rL ing a distance
distance of 215-22 feet in a Northwesterly direction,
direction, running of 889.02 feet in a sout@,westerl.y direction, running a
running a distance sicle of Holland Road, running a
distance of 877.70 feet along the East ce of
feet in an Easterly direction and running a distan
distance of 540.51 on. Said parcel contains 45.660 acres.
549,95 feet in a Southerly directi
PRINCESS ANNE BOROUGH.
Planning Commission Recommendation:
A motion was passed by the Planning Commission b'y a recorded vote of 10 for
the motion and 2 against 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. Participation in the cost associated with the installation of a
traffic signal on Holland Road at the entrance to this site.
4. An escrow to cover the cost of pavement widening, curb and gutter,
sidewalk, and drainage facilities along this site's frontage on
Holland Road. ill be necessary on ShiPP's @orner Road;
improvements w Id gutter, sidewalk, and
5. Right-of-way ement widening, curb an
thi,; includes pav
drainage facilities.
- adequate on-site dra@nage system with the necessary downstream
6. An e i required.
drainage improvernents ana eas ments w 11 be
7. The lease shall give fuli disclosure that this site is in the oceana
Naval Air Station potential crash zone.
And further subject to the following condition prior to the change on the
official zoning map: ight- way and a 10 foot temporary construction
A dedication of r of- on Holland Road as shown on
lor,g the 887.7@ foot frontage,
easement a- 1) on fiie in the city Engineering
the proposed realignme@T'lans
Division (a variable rignt-of-way dedication).
Mr. Grover C. Wright, Jr., Attorney, represented the applicant
The following appeared in opposition:
Lieutena,nt Commander Jackson, I;aval Air Station Oceana
Mrs. Helen Paul, representing Council of Civic Organizations
Councilman Payne made a motion, seconded by Councilman Baum, to
approve the above application of E. T. Caton, III, and J. Peter
Holland, III, for a Change of Zoning District Classification from
A-1 Apartment District to A-2 Apartment District. The recorded
vote is as follows:
Ayes: Councilmen John A. Baum, George R. Ferrell, Clarence A.
Holland, J. Curtis Payne, Roger L. Riggs, and @klayor Patrick L.
Standing
Nays: Councilmen F. Reid Ervin, Councilwoman Barbara M. Henley,
Vice Mayor J. Ilenry McCoy, Jr., Donald ',v. Merrick, and Council-
woman Meyera E. Oberndorf.
Absent: None
City Council voted to approve the following ordinance upon application
of E. -1. Caton, III, and J. Peter Holland, III, for a Change of ZoninE
District Classification from A-1 Apartment District to A-2 Apartment
District:
ORDINANCE UPON APPLICATION OF E. T. CATON, III, AND Z01178392
J. PETER HOLLAND, III, FOR A CHANGE OF ZONING DIS-
TRICT CLASSIFICA-IIOIN FROIL A-1 Apartment District to
A-2 Apartment District
BE IT ORDAINED BY TIIE COU!ICIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA, that:
Application of E. T. Caton, III, anO J. Peter Ilolland, III, for a
Change of Zoning District Classification frori A-1 Apartment District
to A-2 Apartment District on certain property located on the North
side of Shipp's Corner Road beginning at a point 550 feet East of
Holland Road, running a distance of 967.59 feet along the North side
of Shipp's Corner Road, running a distance of 1850 feet more or less
along the Eastern property line, running a distance of 904.21 feet in
a Southwesterly direction, running a distance of 215.2@' feet in a
Northwesterly direction, running a distance of 889.02 feet in a South-
westerly direction, running a distance of 877.70 feet along the East
side of Holland Road, running a distance of 540.51 feet in an Easterly
direction and running a distance of 549.95 feet in a Southerly direction.
Said parcel contains 45.660 acres. Princess Anne Borough.
Approval is subject to the following conditions in conjunction with the
intended use of the land:
1. Standard improvements as required by the Site Plan
Ordinance.
City water and sewer.
3. Participation in the cost association with the
installation of a traffic signal on Holland Road
at the entrance to this site.
4. An escrow to cover the cost of pavement widening, curb
and gutter, sidewalk, and draina.-e facilities along this
site's frontage on Holland Road.
5. Right-of-way improvements will be necessary on Shipp's
Corner Road; this includes pavement widening, curb and
gutter, sidenvalk, and drainage facilities.
6. An adequate on-site drainage svstem with the necessary
downstream drainage improveinents and easements will be
required.
7. The lease shall give full disclosure that this site is
in the Oceana Naval Air Station potential crash zone.
8. An agreement approved by the City Attorney and recorded
in the Clerk's Office whereby the apartments will be occupied by
adults only; and they be given a full disclosure of
the noise zone.
And further subjeet to the following conditions prior to the change
on the official zoning map:
1. A dedication of right-of-way and a 10 foot construction
easement along the 887.70 foot frontage on Holland Road
as shown on the proposed realignment plans on file in
the City Engineer's Division (a variable right-of-way
dedication).
This ordinance shall be effective upon date of adoption.
Adopted by the Council of the City of Virginia Beach, Vir.-inia
on the 20 day of November , 1978.
ITEM #13013
An Ordinance upon Application of John C. and Betty H. Porter, Jr., for a
Chanqe of Zoning District Classification from R-8'Residential District to
B-2 C@mmunit- -Business District o@ certain property located on the South
side of Providence Road (Relocated) beginning at a point 250 feet more or
less East of Beryl Avenue, running a distance of 129.51 feet along the
South side of Providence Road (Relocated), running a distance of 205 feet
along the Eastern property line, running a distance of 80 feet along the
Southern property line and running a distance of 139.04 feet along the
Western property line. Said parcel contains .385 acre. KEMPSVILLE
BOROUGH.
Planning Commission Recommendation:
A motion was passed unanimously by the Planning Commission by a recorded
vote of 12 to deny this requ6st. It was felt that the proposed zoning would
result in the encroachment. of commercial activities into a residential
area.
Mr. Jack Ilayworth, represented the applicant and request a cliange
to 0-1 Office District instead of the advertised B-0- Community
Business District.
Mr. H. C. Ormley appeared requesting a deferral
Mrs. Carrie Knack
Mr. Art Rydell, representing Homestead Civic League, requested it
be denied.
On motion by Vice Mayor McCoy, 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. liolland, 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 defer for sixty (60) days the above application
of John C. and Betty II. Porter, Jr., for a
Classification from R-8 Residential Distric SS
District on certain property located on the South side of Providence
Road (Relocated) beginning at a point 250 feet more or less East of
Beryl Avenue, running a distance of 129.51 feet along the South side
of Providence Road (Relocated), running a distance of 205 feet along
the Eastern property line, running a distance of 80 feet along the
Southern property line and running a distance of 139.04 feet along the
Western property line. Said parcel contains .385 acre. Keml3sville
Borough.
ITE@i #13014
An Ordinance upon Application of Dave Miller, Sr., for a Change of Zonin9
District Classification from R-8 Residential District to B-2 Community-
Business District on certain property located at the Southeast inter-
section of Virginia Beach Boulevard and Oceana Boulevard, running a
distance of 223-30 feet along the South side of Virginia Beach Boulevard,
running a distance of 236.43 feet along the Eastern property line, running
a distance of 223.3 feet along the Southern property line and running a
distance of 236-80 feet along the East side of Oceana Boulevard. Said
parcel contains 1.21 acres. LYNNHAVEN BOROUGH.
Planning Commission Recommendation:
A motion was passed by the Planning Commission by a recorded vote of 11 for
the motion and 1 against to approve this request subject to the following@
conditions in conjunction with the intended use of the land:
1. A modification to 0-1 Office District.
2. Standard improvements as required by the Site Plan Ordinance.
3. City water and sewer.
4. Right-of-way improvements along both Virginia Beach Boulevard and
Oceana Boulevard will be necessary; this includes pavement widening,
curb and gutter, sidewalk, and drainage facilities.
And further subject to the following conditions prior to the change on the
official zoning map:
1. A dedication of right-of-way 30 feet from the centerline of the
existing 30 foot right-of-way and a reservation of an additional 15
feet alonq the 236.80 foot frontage on Oceana Boulevard (a 15-foot
dedication and a 15-foot reservation).
2. A dedication of right-of-way 40 feet from the centerline of the
existing 50 foot right-of-way and a reservation of an additional 5
feet along the 223.30 foot frontage on Virginia Beach Boulevard (a 15-
foot dedication and a 5-foot reservation).
Mr. Dave Miller, Jr., appeared in favor of the petition.
The following appeared in opposition:
Mr. Pedro Eseucha, Deacon, Church of Christ
Mr. Isaias Sanson, Jr., Minister of the Church of Christ
(Mr. Escucha spoke for Reverend Sanson)
On,,@motion by Councilman Merrick, seconded by Councilman Ferrell,
eLnd 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
e
URDINA-@CE U.PUil APPilicATiON Ok' I)AVE k!IiLLER,
A CHANGE OF ZONING DISTRICT CLASSIFICATION FRON
Residential District to 0-1 Office District (mc
from B-2 Community-Business District)
BE IT ORDAINED BY THE COUNCIL OF TIIE CITY OF VIRGIN]
VIRGINIA, that:
Application of Dave Miller, Sr., for a Change of Zoning Distric
Classification from R-8 Residential District to 0-1 Office Dist ict
(modified from B-2 Community-Business District) on certain property
located at the Southeast intersection of Virginia Beach Boulevard
and Oceana Boulevard, running a distance of 223.30 feet along the
Soutli side of Virginia Beach Boulevard, running a distance of 236.43
feet along the Eastern property line, running a distance of 223.3 feet
along the Southern property line and running a distance of 236.80 feet
along the East side of Oceana Boulevard. Said parcel contains 1.21 acres.
Lynnhaven Borough.
Approval is subject to the following conditions in conjunction with
the intended use of the land:
1. @,lodification to 0-1 Office District.
2. Standard improvements as required by the Site Plan
Ordinance.
3. City water and sewer.
4. Right-of-way improvements along both Virginia Beach
Boulevard and Oceana Boulevard will be necessary;
this includes pavement widening, curb and gutter
sidewalk. and drainage facilities.
5. The lease shall give full disclosure that this site
is in the Oceana Naval Air Station potential crash
zone.
And further subject to the following conditions prior to the change
on the official zoning map:
1. A dedication of right-of-way 30 feet from the center-
line of the existing 30 foot right-of-way and a res-
ervation of an additional 15 feet along the 236.80
foot frontage on Oceana Boulevard (a 15-foot dedication
and a 15-foot reservation).
2. A dedication of right-of-way 40 feet from the center-
line of the existing 50 foot right-of-way and a res-
ervation of an additional 5 feet along the 223.30 foot
frontage on Virginia Beach Boulevard (a 15-foot dedication
and a 5-foot reservation).
This ordinance shall be effective upon date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia,
on the 20 day of Noveriber , 1978.
ITEM #13015
An'@Ordinance upon Application of Hilltop Carwash, Inc., and Halspot Associates,
for a Conditional Use Pemit for a carwash and a gasoline service station on
certain property located on the East side of First Colonial Road beginning at a
point 575 feet South of Donna Lane, running a distance of 263.03 feet along the
East side of First Colonial Road, running a distance of 150.39 feet along the
Southern property line, running a distance of 267.14 feet along the Eastern
property line and running a distance of 154.29 -jeet along the Northern property
line. Said parcel contains .913 acre. LYNNHAVEN BOROUGH.
Planning Comission Recommendation:
A motion was passed by the Planning Comission by a recorded vote of 11 for the
motion and 1 abstention to approve this request subject to the following condi-
tions 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. Compliance with Article 2, Section 224 of the Comprehensive Zoning
Ordinance pertaining to Automobile Service Stations.
4. Parking at a ratio of 3 spaces for each car wash space within the
facility.
5. No water shall be per-mitted to fall upon or drain across public
streets or sidewalks or adjacent properties.
6. There is a possibility that a future interchange at First Colonial
Road and Route #44 may affect this site. However, since the inter-
change is currently only in the preliminary design phase, right-of-
way dedication or reservation for the interchange is not required
at this time.
.,i Mr. Jack Drescher, Attorney, represented the applicant.
On motion by Councilman Merrick, seconded by Councilman Riggs, 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. Ilenry McCoy, Jr., Donald IV. Merrick, Council,,voman Aleyera E.
Oberndorf, J. Curtis Payne, Roger L. Riggs, and Mayor Patrick L.
s t @ n@'d'i n, g
Nays: None
Absent: None
City Council voted to adopt the following ordinance upon application
of Hilltop Carwash, Inc., and lialspot Associates for a Conditional Use
Permit for a carwash and gasoline service station:
ORDINAI;CE UPON APPLICATTON OF HTLLTOP CARWASH, R0117S221
INC., AND HALSPOT ASSOCIATES FOR A CONDTTIONAL
USE PERMIT for a carwash and a gasoline service
station
BE TT ORDAINED BY THE COUNCIL OF TIIE CITY OF VIRGINTA BEACH,
VIRGINIA, that:
Application of Hilltop Carwash, Inc., and Halspot Associates, for
a Conditional Use Permit for a carwash and a gasoline service station
on certain proper y located on the East side of First Colonial Road
beginning at a point 575 feet South of Donna Lane, running a distance
of 263.03 feet along the East side of First Colonial Road, running a
distance of 150.39 feet along the Southern property line, running a
distance of 267.14 feet along the Eastern property line and running
a distance of 154.99 feet along the Northern property line. Said
parcel contains .913 acre. Lynnhaven Borough.
Approval is 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. Compliance with Article 2, Section 224 of the Comprehensive
Zoning Ordinance pertaining to Automobile Service Stations.
4. Parking at a ratio of 3 spaces for each car wash space
within the facility.
5. No water shall be periiiitted to fall upon or drain
across public streets or sidewalks or adjacent
properties.
6. There is a possibility that a future interchange at
First Colonial Road and Route @-44 may affect tllis site.
However, since the interchange is currently only in the
preliminary design phase, right-of-way dedication or
reservation for the int,@rchange is not required at this
time.
This resolution shall be effective upon date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia,
on the 20 day of @4ovember , 19-48.
ITEM #13016
On motion by Councilman Payne, seconded by Coiincilwoman Oberndorf,
and by recorded vote as follows:
Ayes: Councilmen John A. Baum, F. Reid Ervin, George R. Ferrell,
Councilwoman Barbara 11. lienley, Clarence A. I-Iolland, Vice @layor
J. Henry @'AcCoy, Jr., Donald W. Iierrick, Councilwoman Meyera E.
Oberndorf, J. Curtis Payne, Ro--er L. Riggs, and ivlayor Patrick L.
Standing
Nays: None
Absent: 4one
City Council voted to defer for one week the following ordinance
to appropriate funds for sewer system improvements to the recently
acquired Aragona, Princess Anne, and Pembroke Utilities:
AN ORDINANCE TO APPROPRIATE FUNDS
FOR SEWER SYSTEM IMPROVEMENTS TO
THE RECENTLY ACQUIRED ARAGONA,
PRINCESS ANNE, AND PEMBROKE UTILITIES
WHEREAS, the recently acquired Aragona, Princess Anne, and Pembroke
Utilities require modifications in order to comply with City standards, and
WHEREAS, these modifications include pump station alarms, security fen-
ces, various renovations, and Hampton Road Sanitation District connection, and
WHEREAS, the estimated cost of approximately $1,966,100 is to be
appropriated from the fund balance in the Water and Sewer Fund over a five-year
period, and
WHEREAS, the modification scheduled for the 1979 fiscal year are esti-
mated to cost $580,850,
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH:
That funds in the amount of $580,850 be appropriated from the fund
balance of the Water and Sewer Fund to the Department of Public Utilities for the
purpose of modifying the recently acquired Aragona, Princes$ Anne, and Pembroke
Utilities' pump stations.
DEFERRED: November 20, 1978
First Reading
Second Reading
Adopted by the Council of the City of Virginia Beach on the day
of 1978.
ITEM #13017
On motion by Councilman Ferrell, seconded by Councilinan D@errick,
and by recorded vote as follows:
Ayes: Councilmen Jolin A. Baum, F. Reid Ervin, George R. Ferrell,
Councilwoman Barbara 1,1. Henley, Clarence A. Holland, Vice Mayor
J. Henry @,IcCoy, Jr., Donald W. @,lerrick, Councilwoman Meyera E.
Oberndorf, J. Curtis Payne, Roger L. Riggs, and A4ayor Patrick L.
Standinl-
Nays: @ione
Absent: None
City Council voted to approve the following ordinance to transfer
additional funds in the amount of $27,732 from Personal Services
to Replacement to Automotive Equipment in the Refuse Collection
Division of the Public Works Depa,rtment for the anticipated cost
iiierease of twelve refuse vehielc!s:
AN ORDINANCE TO TRANSFER ADDITIONAL
FUNDS FOR TWELVE REFUSE TRUCKS IN
THE PUBLIC WORKS DEPARTMENT
WHEREAS, the Public Works Department Refuse Collection Division
requested the replacement of twelve refuse trucks in the 1978-79 Operating
Budget; and
WHEREAS, Public Works budgeted $405,264 to purchase the twelve
vehicles; and
WHEREAS, bids for the refuse vehicles totaled $432,995.40;
and
WHEREAS, additional funds in the amount of $27,731.40 are needed
to acquire the twelve vehicles; and
WHEREAS, funds are available to cover the additional amount due
to unfilled positions in the Refuse Collection Division of Public Works;
and
WHEREAS, the appropriation ordinance for fiscal year 1978-79
requires any transfer of funds exceeding $5,000 be authorized by the City
Council;
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
That funds in the amount of $27,732 be transferred from Personal
Services to Replacement of Automotive Equipment in the Refuse Collection
Division of the Public Works Department for the anticipated cost increase
of twelve refuse vehicles.
Adopted by the Council of the City of Virginia Beach on the 20
day of November_, 1978.
ITEM #13018
On riotion by Councilman Payne, seconded by Couneilman 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 Dlayor Patrick L.
Standing
Nays: !ione
Absent: None
City Council voted to approve on first reading the following ordi-
nance to accept $130,000 from the Southeastern Tidewater Area @,lan-
power Authority, and to appropriate these funds:
AN ORDINANCE TO ACCEPT $130,000
FROM THE SOUTHEASTERN TIDEWATER
A,UA MANPOWER AUTHORITY, AND TO
APPROPRIATE THESE FUNDS
WHEREAS, the Virginia Beach City (3ouncil, on February 7, 1977,
approved an initial award totalling $290,000 from the Southeastern Tidewater
Area Manpower Authority (STAMA) for the purpose of establishing an employ-
ment program under Title VI of the Comprehensive Employment and Training
Act of 1973 (CETA), and
WHEREAS, the City Council, on March 14, 1977, approved $46,606 in
additional funding, and
WHEREAS, the City Council, on June 20, 1977, approved $104,037 in
additional funding, and
WHEREAS, the City Council, on September 19, 1977, approved
$2,182,929 in additional funding, of which $440,911 allocated for Non-City
Hall Projects required no appropriations, and
WHEREAS, the City Council, on October 2, 1978, approved
$ 173,722 in additional funding,of which $ 38,744 allocated for Non-City
Hall Projects required no appropriations, and
WHEREAS, STAMA has approved $130,000 in additional funding, which
the City wishes to accept.
NOW, THEREFORE, BE IT ORI)AINED BY THE COUNCII, OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
That additional funding from STAMA be accepted and appropriated
for the following purposes
Estimated Revenue Total
From Other Agencies Appropriations
CETA - Title VI Employment $130_000 $130_000
BE IT FURTHER ORDAINED that the appropriations will be financed
100% by federal funds, with no local match required, and
2
be paid from the grant, with classes of employees to be determined by the
City Manager.
FIRST READING: November 20- 1978
SECOND READING:
Adcpted by the Council of the City of Virginia Beach on the
day of 1978.
ITEM #13019
On motion by Cc)uncilman Payne, 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. Ifolland, Vice Mayor
J. Henry i,jecoy, Jr., Donald W. @llerrick, Councilwoman 'vleyera I,,.
Oberndorf, J. Curtis Payne, Roger L. Riggs, and Dlayor Patrick L.
Standing
Nays: None
Absent: None
City Council voted to approve on first reading the following ordi-
nance to accept $25,702 from the S,,theastern Tideivater Area Man-
power Authority and to appropriate these funds:
AN ORDINANCE TO ACCEPT $25,702
FROM THE SOUTHEASTERN TIDEWATER
AREA MANPOWER AUTHORITY AND TO
APPROPRIATE THESE FUNDS
WHEREAS, the City Council, on November 13, 1978 (first reading)
approved $11,798 in initial funding for the City's current Title I Employment
Program under the Comprehensive Employment and Training Act of 1973 (CETA),
and
WHEREAS, the Southeastern Tidevater Area Manpower Authority (STAMA)
has now approved $25,702 in additional funding, which the City wishes to accept.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That the City Manager is hereby authorized to accept the grant for
the City, and funds are hereby appropriated for the following purpose:
Estimated Revenue Total
From Other Agencies Appropriations
CETA - Title I $25_702 $2_5 102
BE IT FURTHER ORDAINED that the appropriations will be financed
100% by federal funds frotn STAMA, and
BE IT FURTHER ORDAINED that a total of twenty-six personnel positions
is hereby authorized for the duration of the grant, to be paid from the grant,
with classes of employees to be determined by the City Manager.
FIRST READING: -November 20, 1978
SECOND READING:
Adopted by the Council of the City of Virginia Beach on the
day of 1978.
ITEM #13020
On motion by Councilman Payne, 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 @layor Patrick L.
Standing
AN ORDINANCE TO ACCEPT $80,000
FROM THE SOUTHEASTERN TIDEWATER
AREA MANPOWER AUTHORITY AND TO
APPROPRIATE THESE FUNDS
WHEREAS, the City Council, on March 7, 1977, approved $34,173 in
initial funding for the City's current Title II Employment Program under
the Cornprehensive Employment and Training Act of 1973 (CETA), and
WHEREAS, the City Council, on June 13, 1977, approved $584,335 in
additional futiding, of which only $580,926 was actually appropriated, due
to a reductioii of available funds by the Department of Labor (DOL), and
WHEREAS, the City Council, on July 3, 1978, approved $12,712 in
additional funding, and
WHEREAS, the City Council, on September 11, 1978, approved
$30,000 in additional funding, and
WHEREAS, the City Council, on October 2, 1978, approved
$56,242 in additional funding, and
WHEREAS, the City Council, on November 13, 1978, approved
$20,000 in additional funding, and
WHEREAS, the Southeastern Tidewater Area Manpower Authority
(STAMA) has now approved $80,000 in additional funding, which the City
wishes to accept.
NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF TliE CITY OF
VIRGINIA BEACH VIRGINIA:
That the City Manager is hereby authorized to accept the grant
for the City, and funds are hereby appropriated for the following purpose:
Estimated Revenue Total
From Other Agencies Appropriations
CETA - Title II $80@O@O $LO-OQ-O
BE TT FURTHER ORDAINED THAI' the appropriations wil.L be financed
100% by federal funds from STAMA, with no local match required, and
BE IT FURTHER ORDAINED THAI' a total of eighty-three personnel
positions is hereby authorized for the duration of the grant, to be paid from
2
the grant, with classes of employees to be determined by the City Manager.
FIRST READING: November 20, 1978
SECOND READING:
Adopted by the Council of the City of Virginia Beach on the
day of 1978.
ITEM #13021
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 NI. Henley, Clarence A. Ilolland, Vice Mayor
J. Henry McCoy, Jr., Donald W. Merricl,, Councilwoman Ileyera E.
Oberndorf, J. Curtis Payne, Roger L. Riggs, and DIayor Patrick L.
Standing
Nays: None
Absent: None
City Council voted to approve the following ordinance to amend Chapter
6, Article II, of the Code of the City of Virginia Beach, by adding
thereto a new Section 6-24.1, relating to removal, etc., of abandoned,
etc., wharves, etc.:
Requested by: City Manager/Director of Public Works
AN ORDINANCE TO AMEND CHAPTER 6,
ARTICLE II, OF THE CODE OF THE CITY
OF VIRGINIA BEACH, BY ADDING THERETO
A NEW SECTION 6-114.1, RELATING TO
REflOVAL, ETC., OF ABANDONED, ETC.,
WHARVES, ETC.
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That Chapter 6, Article II, of the Code of the City of Virginia Beach,
Virginia, is hereby amended by adding thereto the following section:
Section 6-24.1. Autliority to require removal, repair, etc., of wharves, piers,
pilings, bulkheads or abandoned, obstructing or hazardous property.
(a) Whenever the director of public works or his agent shall be of the
opinion that anywharf, pier, piling, bulkhead or any other structure or vessel
might endanger the public health or safety, or might constitute an obstruction or
hazard to the lawful use of the waters within or adjoining the City of Virginia
Beach, he shall ascertain the lawful owner of such property and notify such owner
in writing to remove, repair or secure such wharf, pier, piling, bulkhead or other
structure or vessel.
(b) If the lawful owner of such property fails to remove, repair or
secure such wharf, pier, piling, bulkhead or other structure or vessel within
thirty (30) days after being given notice as provided in subsection (a), the City
of Virginia Beach, through its own agents or employees, may remove, repair or
secure such property.
(c) In the event that the City of Virginia Beach,through its own agents
or employees, removes, repairs or secures any wharf, pier, piling, bulkhead or other
structure or vessel after complying with the notice provision of subsection (a),
the cost or expenses thereof shall be chargeable to and paid by the owner or owners
of such property and to the extent applicable may be collected by the City of
Virginia Beach as taxes and levies are collected.
(d) If the identity or whereabouts of the lawful owner is unknown or
not able to be ascertained after a reasonable search and after written notice lias
been made to the last known address of any known owner, the City of Virginia Beach,
through its own agents or employees, may repair such wharf, pier, piling, bulkhead,
or other structure or vessel or remove such property after giving notice by publica-
tion once each week for two weeks in a newspaper of general circulation in the area
where such property is located.
(e) Every charge authorized by this section with which the owner of any
such property shall have been assessed and which remains unpaid, to the extent
applicable, shall constitute a lien against such property, and such lien shall be
recorded in the judgment lien docket book in the circuit court of the City of
Virginia Beach. Such lien may be released to a personal judgment against the
owner.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
2o day of Sovember -, 1978 .
ITEAI #130'-)2
On motion by Councilman Baum, seconded by Vice Mayor McCoy, and
by recorded vote as follows:
Ayes: Councilmen John A. Baum, F. Reid Ervin, George R. Ferrell,
Councilwoman Iarbara M. Henley, Clarence A. Holland, Vice Mayor
J. Henry @4cCoy, Jr., Donald W. @,terrick, Councilivoman Meyera E.
Oberndorf, J. Curtis Payne, Roger L. Riggs, and @,layor Patrick L.
Standing
@4ays: None
Absent: None
City Council voted to approve on first reading the following ordi-
nance to accept a grant totaling $227,844 from the Division of
Justice and Crime Prevention and to appropriate these funds:
.3- 7,9
-2-
AN ORDINANCE T() ACCEPT A GRANT
TOTALLING $227,844 FROM THE DIVISION
OF JUSTICE AND CRIME PREVENTION
AND TO APPROPRIATE TIIESE FUNT,S
WHEREAS, the Police DeparLment wishes to better coordinate the
many field activities related to crime prevention, detection, investigation,
and apprehension, and
WHEREAS, the Division of Justice and Crime Prevention (DJCP) has
approved necossary funding to accomplish the object4-ve stated above.
N014, THEREFCRE, BE IT ORDAINED BY THE C(@UNCIL OF FHE CITY OF
VIRGINIA BEACH, VIRGINIA:
That the City Manager is authorized to accept the grant for the
City, and funds are hereby appropriated for the following purpose:
Estimated Revenue Local Total
From Other Agencies Match Appropriations
Integrated Criminal
Apprehension Program $@05 0_60 $22_784 $227_844
BE IT FURTHER ORDAINED that the appropriations will be financed
by $205,060 estimated revenue from the DJCP and a local cash match of $22,784 froin
the City's Unappropriated Fund Balance, and
BE IT FURTHER ORDAINED that, a total of six personnel positions is
hereby authorized for the duration of the grant, to be paid from the grant, with
classes of employees to be determined by the Citv Manager.
FIRST READING: November 20, 1978
SECOND RFADING:
Adopted by the Council of the City of Virginia Beach on the
day of 1978.
ITEM #13023
.Iwoma,n Henley, seconded by Councilwoman Oberndorf,
On motion by Counel folloNs:
ELnd by recorded vote as Baum F. Reid Ervin Geo,ve R. Ferrell,
John A. @il@nd ' vice Nlayor
Ayes: Councilmen a M. IlenleY, ciarence A. " @leyera F.
Councillvoman Barbar laerrick, councilwornan trick
v @,cCoy, Jr.,Donald W. L. Rig-.S, and IlaYOr Pa
j. Henr. f, j. Curtis Payne, Roger
Oberndor
Standing
lqays: None
Absent: @ione its applicat ion to the Federal
Council vot@d to withdr @w lassified frord Private
City Creeds Airfield rec
Aviation Agency to hav@ have the entire question of
and further voted to r another altern@te
Iblic use; whethe
to pt it will be used al n,alrfield or comprehensive Land Use
whether considered be 3,cldressed in the
use should be
plan. ITE@L #13024
. k indicated h, felt the City shouid advertise for
Councilman Merric . es SurveY-
. ipal Servic sting
bids on the MUn3C t,,c, the CitY is re que
i,di,-ated that in this isn scope of the problem. The
The City danager is we 1
services and has identified the alifications
professional submitted their qu
Citv feels the firm that has
qualified for this s "rvey- , a survey of this could it not be
Councilman Ervin asked why fO
done in-house9 ed by the citizens
@lanager indicated that it would be question
The City vey.
of tbe CitY as to the v,lidity Of the sur
No action was tak,n on this illem by CitY COunc"-
ITE@,' #13025
11 be hearing the report
the Master Street and flighway Plan, and wi report on
Councilman Morrick indicated that Council has heard the
on the Comprehensive Land Use Pl@in, therefore, he requested that
two ordinances be prepared and a(lvertised for December 11, 1978
regarding the elimination of two streets from the Master Street
and Ilighway Plan, Old Donation Parkway and South Boulevard.
After considerable discussion, this matter was deferred until after
the hearing on the Comprehensive Land Use Plan.
ITEP.1 #13026
Councilman i@ferrick indicated that on October 8, 1978, the Mayor wrote
Council a letter asking then to consider whether they wanted to with-
draw from the 1,;ational League, Conference of Alayors, and the Virginia
Municipal League.
Councilman 14errick indicated he wll,ld like to make a motion on this
matter next weel@, and asked Council tc) consider tlie possibility.
ITEPI #13027
Councilman @,terrick indicated he has received several calls from the
residents of Princess Anne Plaza with regards to trash pick up during
the holidays. The residents feel they are being discriminated against
because of the holidays.
Councilrnan Merrick requested that the City consider varying tile trash
pick up from year to year to permit those persons who trash not collected
during the holidays will have it picked up during alternate years,
ITE@l #13028
Councilman Riggs indicated he had received a letter fr,m residents
who reside on tileir boats, and wished an opinion on personal property
tax vs. real estate taxes on live-aboard boats.
Councilman Riggs was informed that boats, mobile homes, etc., are
classified as personal property and are taxed as Such.
ITEI,l #130-19
Councilman Ervin indicated that when the City removes the trunk
lines at the northend of Virginia B(@ach have them replaced with
better pipes. The old pipes are le,,Lking and are deteriorating.
The City Manager indicated that the City is surveyin, each line in
each street as the sewer is being installed to determine if they
need replacing. If they do need replacing it will be done on a
normal maintenance schedule.
ITEM #13030
Councilman Ervin indicated that the City had a public hearing on
the Master Street and Highway Plan'and the problem with the liorth
end cannot be solved with the revisi(in of that Plan as the City does
not want to change the width of the right-of-way, which leaves the
City with two alternatives:
1. Take present fc)ur-lane road, which
is substandard aiid inadequate and try
to improve it.
2. Build a six-lane road.
Councilman Ervin indicated hoivever, that there is enough right-of-way
to move the pumping stations to the west, put in a median stril) and
left turn stacking lanes at the appropriate corners to eliminate the
problem.
Councilman Ervin indicated he will bring this rnatter back up on
l@ovember 27, 1978.