FEBRUARY 4, 1974
MINUTES OF THE HONORABLE CITY COUNCIL
OF THE
CITY OF VIRGINIA BEACH, VIRGINIA
February 4, 1974
The regular meeting of the Council of the City of Virginia Beach,
Virginia, was held in the Council Chambers in the Administration
Building in the Borough,of Princess Anne, on Monday, February 4,
1974, at 2:00 p.m.
The invocation was given by Mr. Richard J. Webbon, City Clerk.
Councilmen present: John A. Baum, Mayor Robert B. Cromwell, Jr.,
Vice Mayor F. Reid Ervin, George R. Ferrell, Charles W. Gardner,
Clarence A. Holland, Garland L. Isdell, D. Murray Malbon, and
Floyd E. Waterfield, Jr.
Councilmen absent: Robert H. Callis, Jr., and J. Curtis Payne
ITEM #6751
On motion by Councilman Waterfield, seconded by Councilman Isdell,
and by recorded vote as follows:
Ayes: Councilmen John A. Baum, Mayor Robett-B. Cromwell, Jr.,
Vice Mayor F. Reid Ervin, George R. Ferrell, Charles W. Gardner,
Clarence A. Holland, Garland L. Isdell, D. Murray Malbon, and
Floyd E. Waterfield, Jr.
Nays: None
Absent: Councilmen Robert H. Callis, Jr., and J. Curtis Payne
City Council approved the Minutes of the Regular Meeting of
January 28, 1974, and dispensed with the reading of said Minutes
inasmuch as each Councilman had a copy of the subject Minutes
before him.
ITEM #6 752
Mrs. Sarah Hughes , Mrs. Douglas Barnes, and Mrs. Clara Hunt
appeared before City Council regarding public transportation.
Mrs. Hughes stated that the bus strike is causing a great
inconvenience to shoppers and also an inconvenience to the
people with jobs.
Mrs. Clara Hunt presented petitions to Council with the signature
of five hundred persons.
Mrs. Douglas Barnes, Sr. addressed the following question to
Council:
"If all of the Council Members and Civic Organizations
can get us to the polls to vote, why can't you
Gentlemen get some action started to get transportation
to the hospital, the medical center near the hospital,
Hilltop Shopping Center, Pembroke Shopping Center, City
Hall, Princess Anne Plaza, Haygood Shopping Center,
Bayside, the Kempsville Area, and other points of importance
in the City of Virginia Beach and Norfolk?"
Vice Mayor Ervin requested Mr. J. Dale Bimson, City Attorney, to
advise City Council regarding the possible steps that Council can
take in order to provide emergency transportation to persons
deprived of essential transportation due to the continuance'of
the strike of the Trailways employees.
It was indicated that under section 56.509 through 56.528, it
might be possible for the Governx)r to declare the area in a
state of emergency, with respect to transportation and thus
permit interested parties to utilize routes presently under
franchise to the Carolina Trailways Corporation, to supply
emergency transportation.
Later in the meeting Mr. L. B. Bateman, Supervisor of the Norfolk
Division of Carolina Trailways, presented the following letter to
City Council on behalf of the Carolina Coach Company:
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ITEM #6753
On motion by Councilman Gardner, seconded by Councilman Malbon,
and by recorded vote as follows:
Ayes: Councilmen John A. Baum, Mayor Robert B. Cromwell, Jr.,
Vice Mayor F. Reid Ervin, George R. Ferrell, Charles W. Gardner,
Clarence A. Holland, Garland L. Isdell, D. Murray Malbon, and
Floyd E. Waterfield, Jr.
Nays: None
Absent: Councilmen Robert H. Callis, Jr., and J. Curtis Payne
City Council approved the following Ordinance to amend and feordain
Chapter 22 of the Code of the City of Virginia Beach regulating
motor vehicles and traffic:
AN ORDINANCE TO @ND AND REORDAIN
CHAPTER 22 OF THE CODE OF THE CITY
OF VIRGINIA BEACH REGULATING MOTOR
VEHICLES AND TRAFFIC
BE IT ORDAINED BY niE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA:
That Chapter 22 of the Code of the City of Virginia Beach,
Virginia, is amended and reordained as follows:
ARTICLE II Signs, Signals and Markers.
Section 22-40.1 Authority to deputize persons to direct traffic in
certain circumstances.
(a) The chief of police may deputize persons over the age of
eil@,hteen years without the power of arrest for the limited purpose
of directing traffic in accordance with SS46.1-183 Code of Virginia,
1950, as amended, durin- periods of heavy traffic or congestion, pro-
vided, that such persons first receive training as the chief of police
determines necessary to fully acquaint such persons with the techniques
of traffic control.
(b) Any person who is deputized as provided in subsection (a)
above, shall at all times while engaged in tral-:fic control wear a
distinctive police uniform safety vest or a white reflectorized belt
which crosses both the chest and back above the iiaist.
ARTIbLE III Licensin- and Registration Generally
Section 22-66. Disposition of surrendered licenses upon revocation
or suspension.
(a) In any case in which the accused is convicted of an offense,
upon the conviction of which the law requires or permits revocation
or suspension of the operator's or ciiauffeur's license of the person
so convicted, the court shall order ttie surrender of sucli license
which shall remain in the custody of the court during the period of
such revocation or suspension if such period does not exceed thirty
days, or until (1) the time allowed by lanq for appeal has elapsed
when it shall be forwarded to the Co@ssioner, or (2) an appeal is
effected and proper bond posted, at which time it shall be returned
to the accused.
(b) Provided, however, when the time of suspension or revo-
cation coincides or approximately coincides with the appeal time,
the court may retain the license and return the same to the accused
upon the e@cpiration of suspension or revocation.
ARTICLE XII Size and Weight; Combinations of Vehicles.
Section 22-224. Width of vehicles and exceptions as to size.
(a) No vehicle including any load thereon, but excluding the
mirror required by SS22-197 shall exceed a total outside width as
follows: (1) passenger bus operated in the city when authorized under
SS46.1-180, Code of Vir,,inia, 1950, as amended, one liundred two inches;
(2) other vehicles--ninety-six inches.
Section 22-225. Height of vehicles; damage to overhead obstruction.
(a) No vehicle unladen or with load shall exceed a height of
thirteen feet six inches.
(b) Nothin.- contained in this section shall be construed to
require the city to provide vertical clearances of overhead bridges
or structures in excess of twelve L@eet six inches, or to make any
chan@es in the vertical clearances oy- ei;istin- overhead bridges or
structures crossin@ streets or hi-h-v,7ays. The operator or owner of
vehicles operating on streets or highways shall be held financially
responsible for any damaqo to overhead 'tdridges or structures that
results from collisions therewith.
ARTICLE XIII Protection of Pedestrians.
Section 22-251. Playing on streets or highways; roller slates, toys
or other devices on wheels or runners; persons ridin-- bicycles, etc.,
not to attach to vehicles.
(a) No person shall play on a highway or street, other than upon
the sideivalks thereof, within the city. No person shall use on a
highway or street where play is prohibited roller skates, toys or
other devices on wheels or runners, e,,,Icept bicycles and motorcycles.
The Director of Public Safety may desi2,,nate areas on hi@hways or streets
where play is prohibited in which persons may be permitted to use
roller skates, toys or other devices on ,iheels or runners and, if
such highways or streets have two traffic lanes, such persons using
such devices, except bicycles and motorcycles, shall keep as near
as reasonably possible to tlie extreme left side or edge of the left-
hand traffic lane so that they will be facin@ oncomin@ traffic at
all times.
(b) No person ridin.- upon any bicycle, roller skates, toys or
other devices on wheels or runners, stiall attacti the same or himselr-
to any vehicle upon a roadway.
ARTICLE XIV Accidents
Section 22-260. Penalty for violating precedin@ section.
Any person convicted of violating the precedino, section shall be
guilty of a misdemeanor and punished by a fine of not exceedin@ five
hundred dollars or confinement in jail not e,,@ceeding twelve months, or
both, in the discretion of the jury or of the court tryin- the case
without a jury; provided, however, if the vehicle or other property
struck is unattended and the damal-e thereto be less than fifty dollars,
such person shall be punished only by a fine not e)@ceeding fifty dollars.
Any person convicted of violating the provisions of section 22-259
my be punished in addition to the penalties provided in the first
paragraph of this section, if such accident resulted only in dama@,c
to property and such damage exceeded two hundred fifty dollars, by
revocation of his license or privilege to operate a motor vehicle on
the highways of the state for a period not to exceed six months by
the court or judge; provided, that this section shall in no case be
construed to limit the authority or duty of the connnissioner with
respect to revocation of licenses for violation of section 22-259 as
provided in chapter 6 (section 46.1-388 et seq.) of the Code of
Virginia. Any license revoked under the provisions hereof shall be
surrendered to the court to be disposed of in accordance with the
provisions of section 22-66.
Adopted by the Council of tlie City of Vir-inia Beach, Vir@,inia,
on the 4th day Of February 1974.
On motion by Vice Mayor Ervin, seconded by Councilman Ferrell,
and by recorded vote as follows:
Ayes: Councilmen John A. Baum, Mayor Robert B. Cromwell, Jr.,
Vice Mayor F. Reid Ervin, George R. Ferrell, Charles W. Gardner,
Clarence A. Holland, Garland L. Isdell, D. Murray Malbon, and
Floyd E. Waterfield, Jr.
Nays: None
Absent: Councilmen Robert H. Callis, Jr., and J. Curtis Payne
City Council deferred for one week the following street closure
a portion of Cherry Court in the Lynnhaven Borough, which had
been deferred from January 21, 1974:
AN ORDINANCE CLOSING, VACATTNG
AND DISCONTINUING A PORTION OF
CHERRY COURT, LOCATED IN
THE BOROUGH OF LYNNHAVEN
IN THE CITY OF VIRGINIA BEACH, VIRGINIA
W-HEREAS, proper notice that FARL W. XEEGAN would make
application to the City Council 6f the City of Virginia Beach, Virginia, to
have the hereinafter described portion of Cherry Court closed, vacated and
discontinued, was duly posted; and
WHERFAS, application was made to the City Planning Commis-
sion and to the City Council and, pursuant to the statut !es in such cases made
and provided, the Councfl appoi-nted Viewers who have reported to the
Council that.no inconvenience to the public or to private individuals would
result from such closing, vacating and discontinuance; and
WHERF.AS, it is the judgment of the Council that said portion
of Cherry Court should be closed, vacated and discontinued;
NOW THEREFORE, be it ORDAINED by the Council of the
City of Virginia Beach, Virginia;
Sectionl: That the said portion of Cherry Court described as
follows in Lynnhaven Borough, Virginia Beach, Virgiriia, is hereby closed,
vacated and discontinued as a public thoroughfare of the City of Virginia
Beach, Vipginia, said portion of Cherry Court not being needed for public
use and travel:
Cherry Court runrling from Cherry Lane to the
rear of Lots 96 and 98, pl@ of North Alanton
being more particularly described on "Subdivision
of property parcel located in Alanton, Lynnhaven
Borough, Virginia Beach, Virginia, made for
Marian H. Wyatt", made by W. B. Gallop, Sur-
veyor, and found in the Clerk's office of the
Circuit Court of the City of Virginia Beach,
Virginia, in Map Book 74 at Page 49.
Section 2: That thirtv (30) days after this date a copy of this
Ordinance, Certified by the Clerk, be spread upon the public records in the
Clerk's Office of the CircuitCourt of the City and indexed in like manner
as a deed to lands.
ITEM #675S
City Council deferred for thirty (30) days the following
st@eet closure - portions of Peck Street, Livingston Street,
and Palace Green Boulevard in the Lynnhaven BorougH. This had
been deferred from December 3, 1974:
Jkh --- L.13UTLER
CANADA
ATTORNEYS AT LAW
litaim.A K.cm.
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AN ORDINANCE VACATING ALL OF PECK STREET AND LIVINGSTON STREET
FROM THE EASTERN BOUNDARY OF PALACE GREEN BOULEVARD FORMERLY
EMMETT STREET FOR A DISTANCE OF FOUR HUNDRED AND PIFTY (450) FEET
AND THE EASTERN ONE HUNDRED THIRTY-SEVEN AND ONE TENTH (137.10)
FEET OF PALACE GREEN BOULEVARD, FORMERLY EMMETT STREET COMMENCING
AT THE NORTHEAST INTERSECTION OF LIVINGSTON STREET WITH SAID
PALACE GREEN BOULEVARD AND TERMINATING AT THE SOUTHERN RIGHT OF
WAY OF THE VIRGINIA BEACH-NORFOLK EXPRESSWAY, LYNNHAVGN BOROUGH,
VIRGINIA BEACH, VIRGINIA.
WHEREAS, Israel Steingold and Maurice Steingold filed a
Petition with the Council for the City of Virginia Beach,
Virginia, pursuant to the provisions of Section 15.1-364 of the
Code of Virginia, as amended, expressing their desire to have
vacated all of Peck Street and Livingston Street from the
Eastern boundary of Palace Green Boulevar.d formerly Emmett
Street for a distance of Four Hundred and Fifty (450) feet and
the Eastern one Hundred Thirty-Seven and one Tenth (137.10) feet
of Palace Green Boulevard, formerly Emmett Street commencing at
the northeast intersection of Livingston Street with said
Palace Green Boulevard and terminating at the southern right of
way of the Virginia Beach-Norfolk Expressway, Lynnhaven Borough,
Virginia Beach, Virginia.
WHEREAS, a Board of Viewers were duly appointed, who
reported in writing, recommending that said portions of peck
Street, Livingston Street and the Eastern One Hundred Thirty-
Seven and One Tenth (137.10) feet of Palace Green Boulevard,
formerly Emmett Street commencing at the northeast intersection
oi Livingston st'reet with said Palace Green Boulevard and
terminating at the southern right of way of the Virginia Beach-
Norfolk Expressway, Lynnhaven Borough, Virginia Beach, Virginia
be closed.
BE IT ORDAINED by the Council of the City of Virginia
Beach, Virginia, that all of Peck Street and Livingston Street
from the Eastern boundary of Palace Green Boulevard formerly
Dmett Street for a distance of Pour Hundred and Fifty (450) feet
and the Eastern One Hundred Thirty-Seven and one Tenth (137.10)
feet of Palace Green Boulevard, formerly Enunett Street commencing
at the northeast intersection of Livingston Street with said
Palace Green Boulevard and terminating at the southern right of
way of the Virginia Beach-Norfolk Expressway, Lynnhaven Borough,
Virginia Beach, Virginia, be, and the same are hereby vacated.
ADOPTED BY THE Council of the City of Virginia Beach,
Virginia, this day of 1973.
Mayor
ATTEST:
Clerk of the Council
ITEM #6'756
On motion by Councilman Malbon, secon(led by Councilman Ferrell,
and by recorded vote as fol.lows:
Ayes: Councilmen John A. Baum, Mayor l@obert B. Cromwell, Jr.,
Vice Mayor F. Rei,(l Ervin, George R. Ferrell, Charles W. Gardner,
Clarence A. Hollanci, Garlatid L. Isdel*-, D. Murray Malbon, and
Floyd E. Waterfield, jr.
Navs: None
Absent: Councilmen Robert H. Callis, Jr., and J. Curtis Payne
City Council authorized the City Manager to enter into a
standard water and sewer agreement with Deerwood Trace, in the
Lynnhaven Borough.
ITEM #67S7
On motion by Councilman Isdell, seconded by Councilman Waterfield,
and by recorded vote as follows:
Ayes: Councilmen John A. Baum, Mayor l@obert B. Cromwellp Jr.,
Vice Mayor F. Reid Ervin, George R. Fei,rell, Charles W. Gardner,
Clarence A. Holland, Garland L. Isdell, D. Murray Malbon, and
Floyd E. Waterfield, Jr.
Nays: None
Absent: Couiicilmei,. [@ol-,,ert H. Callis, Jr., and J. Curtis Payne
City Council approved the raffle permit for Father Habets
Assembly of Fourth Degree, Knights of Columbus.
ITEM #67S8
On motion by Councilirian (@ardner, seconded by Councilinan HolIand,
and by recorded vote @is follows:
Ayes: Councilmen Johii A. Baum, Mayor Robert B. Cromwell, Jr.,
Vice Mayor F. Reid l@rviii, George R. Ferrell, Charles W. Gardner,
Clarence A. Holland, (;ar"and I,. Isdelf, D. Murray Malbon, and
Floyd E. Waterfiel,],
Navs: None
I
Absent: CoilTicil me ii k(,beit Ii. CalIis, @Jr. , aiid J. Curtis Payne
(,@ity Council autiiori-,(-@d tjic, (@ity Manager to submit a highway
safety project graiit Lcation entitl@2d 'Improvement to
traffic records 1-h@s would he Eunded 50% by the
Virgiiiia Highway Sitf"@,,ty (-omniission aiid iO% by the City. The
total project co.,@t i@@ ap[,I-OXLinately $22,128. and the local
share is approxiibatel\@ $i,@,,ooo. This h@is already been included
iii the I)udget fu,@ids 'cr the 1974 bidgc@t
ITEM #(i751)
Councilman Hollaiid stite@i that Doctor E. E. Brickell, who has
beeii s(-,rving on 1,@he I:;oar(i of the Tidewater Community College
term has expired anci altliough there lias I)een some policy by
tlie State Education@il Boar'd ag@iinst real)i)ointment of people
wlio are connecte(i witli t@ie scliool Syster,@, I ,nove that we
reappoint Doctor to tfie Tidew,,iT,,r Community College
Board, seconde(i @@y Malbon, @ii,t 4)y recorded vote as
follows:
Ayes: Councilyicii Jolij) liaum, Mayor l@(,[)ert B. (@,romwell, Jr.,
Vice Mavoi- F. Reid li@vl,,i, (,eorge R. Fei,ic,,Il, Charles W. Gardner,
Cl,irenc@ A. l@olland, I,. Isdell, 1). Miirray Malbon, and
F.Loyd i@. 1,
Nays: Nor)e
Absent: None
Doctor iloiland furthei- ,equested either the (,ity Manager or the
City Clei-k write a let'ei- to I)octor flainmel, Chancellor of the
Community College svst@f.?.,q (@xplaining our position and asking
their coticurrance i@caPI)OIlitifle!lt.
ITEM #6760
Doctor Holland stated for the records that neither the City nor
the Council had anything to do with the licensing of Holiday
House. It comes under the Department of Welfare and Institutions
and also the State Health Department. Doctor tiolland further stated
he would like to have a report on this.
ITEM #6761
Councilman Charles W. Gardner stated that Mr. Grover C. Wright and
Mr. Cohen wished to approach Council regarding improvements.to the
Steel Pier.
Mr. Wright stated that the Property is zoned B-4 and there is a
restaurant on tlie pier now. Mr. Cohen and his associates would
like to improve this restaurant; however, none of the improvements
will extend over the water they would I)e on top of the pier. In
order to get a building perniit for this renovation they need a
li:ense to so eilcroach over the public recreation area (the sand
beach), and Mr. Cohcn needs Council's I)ermission to do this.
Council deferred th-'s for one week in order for Mr. Wright to
give certain inforiiiation to Mr. William W. Fleming, Director
of Conimunity Serviccs.
ITEM #67o2
Mr. Grover C. Wriglit, Jr stated that Mr. Cohen and Mr. McLesky
were the successful bidders on the Marina property and subsequent
to that there was a foreign claim to sc)me small part of the property
between the original lot line and the iiow existing bulkhead line.
Mr. Wri-ght stated lac would like to see the City condemn the interest,
if any, of Mr. l,indsley,s corporation and have a panel of Commissioners
tell him what tlie ,,altie of his interest in that property is so that
Cotincil can be ..@n tl,.e position to close, that transaction.
Mr. Wriglit furtlier @tated that he would like to see Council
iristruct the City i@ttorney to institute, proceedings to condemn
whatever intere@@t lic iiiay liave in that strip of land.
Mr. J. Dale Bimson, @,@ity Attorney, statcd he would give Council,
in the ExecutivE@ Sessioii, a report on a similar problem February 11,
1974.
ITEM #6763
Councilman Garland L. Isdell brought up the matter of Sanderlin
Farms and introdticed Mr. H. Calvin Spaiii and Mr. Grover C. Wright.
Mr. Spain stated on January 7, 1974, on a series of six applications
on Sanderlin Farms. Tlie sixth petitioii involved a R-8 zoning in
which we requested a down zoning to R-6. Our plan h@ always been
on the R-6 basis. We respectfully request that you regi@@d'-'the
previous motion and 1)lacc, this matter ba@k on your agenda.
Mr. Wright stated fie liad no objection to the rezoning of this
particular parcel froin R 8 to R-6.
Vice Mayor Ervin stated it was his understanding that they had
resubmitted another plat for Planning review.
Mr. Spain stated they had submitted one to the Planning Commission
and it was submitted ()n the R-8 zoning as that is the current zoning
of the property.
Councilman Isdell made a motion to reconsider the application of
Sanderlin Farms item 6, seconded by Councilman Ferrell, and by
recorded vote as follows:
Ayes: Councilmen John A. Baum, Mayor Robert B. Cromwell, Jr.,
Vice Mayor F. Reid Ervin, George R. Ferrell, Charles W. Gardner,
Clarence A. Holland, Garland L. Isdell, D. Murray Malbon, and
Floyd E. Waterfield, Jr.
Nays: None
Absent: Councilman J. Curtis Payne and Robert H. Callis, Jr.
CitY Coulicil voted to reconsider the application of Sanderlin
Farms, item 6, Change of zoning from R-8 to R-6.
ITEM #6763 (a)
Councilman Isdell then made a motion, seconded by Councilman
Ferrell, to readvertise the application of Sanderlin Farms for
a change of zoning from R-8 to R-6. The recorded vote i, as
follows:
Ayes: Councilmen John A Baum, Mayor Robert B. Cromwell, Jr.,
Vice Mayor F. Reid Ervin, George R. Ferrell, Charles W. Gardner,
Clarence A. Holiand, Garland L. Isdell, D. Murray Malbon, and
Floyd E. Waterfield, Jr.
Nays: None
Absent: Councilmen Robert H. Callis, Jr., and J. Curtis Payne
City Council voted to readvertise the application of Sanderlin
Farms, item 6, change of zoning from R-8 to R-6.
ITEM #6764
On motion by Councillian Nialbon, seconded by Councilman Ferrell,
and by recorded vote @is follows:
Ayes: Councilmen Johri A. Baum, Mayor Robert B. Cromwell, Jr.,
Vice Mayor F. Reid Ervin, George R. Ferrell, Charles W. Gardner,
Clarence A. Holland, I
,Iarland L. Isdell, D. Murray Mal.bon, and
Floyd E. Waterfield, "r.
,Nays: None
Absent: Councilmeii Robert H. Callis, Jt-., and J. Curtis Payne
City Council noted its intention to hold a closed meeting February 11,
1974, for the purpose of discussing items permitted for discussion
under Section 2.1-344, subparagraph I and 6 of the Freedom o@
Information Act of the Commonwealth of Virginia.
ITEM #6765
On motion by Councilman Gardner, seconded by Councilman Isdell,
and by recorded vote as follows:
Ayes: Councilmen John A. Baum, Mayor Robert B. Cromwell, Jr.,
Vice Mayor F. Reid Ervin, George R. Ferrell, Charles W. Gardner,
Clarence A. Holland, Garland L. Isdell, D. Murray Malbon, and
Floyd E. Waterfield, Jr.
Navs: None
Absent: Councilmen Robert H. Callis,, Jr.,,,-And J, Curtis Payne
City Council voted to adjourn into Executive Session.
6 7 6
City Coulicil i,etliriie(l to the Coujicif Cliaiiii)ei,s. Tlie following
Coulicilincii were preselit:
Jolin A. Baujii, Mayor Roboi-t B. Croiit@vell, Ji-., Vice Nlayor F. Rei(t f'rvin,
George R. Ferrell, Cliarle.,i W. Gardiiei,, C:IIrcnce A. iloll@iiid, Garland L.
Isdoll, D. Murray Malboji, and Flo),cl l@. '@Vatei,fiold, Jr.
The following Courici.Inien were abseiit:
Councilmen Robert Ii. Callis, Jr., aiid J. Ctirtis Payne
On motioji by Councilniaii l@errell, seconded I)y Councilinan Gardner,
and by acclaniation, City Coujicil acljc)tiriied it 4:55 p.m.
cliai
Ity
City of Virginia Beach,
Virginia
February 4, 1974