JULY 17, 1972MINUTES OF THE HONORABLE CITY COUNCIL
OF THE
CITY OF VIRGINIA BEACh, VIRGINIA
July 17, 1972
te regular~eting of the Council of the City of Virginia Beach, Virginia
Ls held in E tie Council Chambers in the Administration BUilding, in the
Borough of Princess Anne., on Monday, July 17, 1972, at 10:00 a.m.
The invocation was given by Reverend Emory S. Ellmore, Princess Anne 'Methodist
Church.
Councilmen present: John A. Baum, Robert H. Callis, Jr., Robert B. Cromwell,
Jr., Vice Mayor F.-Reid Ervin, George R. Ferrell, Charles W. Gardner, Clarence
A.. Holland, D. Murray Malbon, J. Curtis Payne, and Mayor Donald H. Rhodes.
Councilman absent: Floyd E. Waterfield, Jr.
ITEM #4825
On motion by Councilman Gardner, seconded by Councilman Malbon, and by recorde
vote as follows:
Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Robert B. Cromwell, Jr.
Vice Mayor F. Reid Ervin, George R. Ferrell, Charles W. Gardner, Clarence A.
.H_plland, D. Murray Malbon, J. Curtis Payne, and Mayor Donald H. Rhodes.
~ys: None
Absent: Councilman Floyd E. Waterfield, Jr.
C. iky Council approved on second reading the following budgetary adjustments
in the amount of $96,500 for the Fiscal Yea~. 1972:
Transfer $96,500 from "Reserve for Contingencies-Salary Adjust---
ments" to the following accounts:
Ca)
$53,000 to Retirement System (4111-513) - This change
for increased employer FICA costs should have been made
when salaries were adjusted across-the-board in October.
(b)
$5,000 to Volunteer Fire Depts. (9022) - Electric
Current, repairs to automotive' equipment and tires,
tubes and parts ·exceeded budget, estimates.
(c)
$40,000 to Erosion Commission (10541) The Commission
underestimated requirements for dredge~materials and
supplies.
(a)
$1,'900 to Farmers' Produce biarket (14110) - Necessary
to employ laborer - not initially budgeted.
(e). $16,000 to General Registrar (17010) - Three unanticipated
elections held during year; [1] Democratic 'primary - (changed
from June to September), [2] School Bond Referendum and [3]
Special Senate election for part of city.
(f) $600 to Zoning Board (17110) - Costs'exceeded estimates.
Transfer $11,900 from Insurance (18010) to the following accounts:
(a) $9,500 to Volunteer Fire Depts. (9022) and
(b)
$2,400 to Au×i. liary Police (9011) - to correct budgetary
distribution ~-f' Insurance costs.
$. Transfer of $1S,500 from Hospitalization f8030) to Socia~i: Services
Bureau (8010) for Salaries of Assistant Director and Welfare Aides.
4. Increased estimated revenues from Civic Center rentals by $14.,000
and appropriate $10,000 for £ivic Center operating costs.
ITEM #482§''~-
On motion by Councilman Ferrell, seconded by Councilman Gardner, a by
recorded vote as follows: ..
---res: Councilmen John A. Baum, Robert H. Callis, Jr., Robert B. Cromwell, Jr.
ice Mayor F. Reid Ervin, George R. Ferrell, Charles W. Gardner, Clarence A.
__)lland, D. Murray Malbon', J. Curtis Payne, and Mayor Donald H. Rhodes.
Nays: None
Absent: .Councilman Floyd E;' Waterfield, Jr.
City Council approved on second reading the acceptance of the low bid of
Southern Metal Products in the amount of $70,934 for the addition to the City
Garage and authorization for the City Manager to execute the contract for this
improvement.
ITEM #4827
On motion by Councilman Ferrell, seconded by Councilman Cromwell, and by
recorded vote as follows:
Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Robert B. 'Cromwell, Jr.
Vice Mayor F. Reid Ervin, George R. Ferrell, Charles W. Gardner, Clarence A.
Holland, D. Murray Malbon, J. Curtis Payne, and Mayor Donald H. Rhodes.
Nays:
bsent:
None
Councilman Floyd E. Waterfield, Jr.
City Council approved on second reading an appropriation in the amount of
$33,704. from Reserve for Contingencies to the appropriate account to pro-
vide for the addition of two building inspectors and one plumbing inspector
as follows: ~':~ ~ :
1 Building Insp~c~o~
1 Building Inspector
*(three [3] months to
be paid by EEA
1 Plumbing Inspector
12 months 34-A $ 7,056.00
9 months .54-A 5,292.00
12 months 34-A 7,056.00
Each of these inspectors Will need a pick-up truck equipped with radio.
8,100.00
. 3,200.00
· 3,000.00
~" $33,704.00
'3 pick-up trucks @ $2,700.00
1 car
4 mobile- radios including installation
ITEM #4828
---On motion by Councilman Halbon', seconded by Councilman Holland and by
recorded vote as follows: '
Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Robert B. Cromwell, J:
Vice Mayor F. Reid Ervin, George R. Ferrell, Charles W. Gardner, Clarence A.
Holland, D. Murray Malbon, J. Curtis Payne, and Mayor Donald H. Rhodes.
Nays: None.
Absent: Councilman Floyd E. Waterfield, Jr.
As the Norfolk Dredging Company has satisfied the requirements of the contra{
with the City of Virginia Beach dated Hay 22, 19.72 by having moved 220,680
cubic yards of sand from the areas specified, City Council granted--an addendt
to the existing contract to provide for the placement of S0,000 cubic yards
dredged material on the beachc, s as specified by the l~epartment of Community
Services ami al)proved on second reading an additional appropriation of
from the Reserve for Cont:ingencie:~ for said m;~tcrial.
ITEM #4829
Mr. E. ~. Brickell, Superintendent of Schools, appeared before City Council
to brief them on the proposed operation of the 45-15 school plan.
ITEM #4830
Mr. Allen, representing the Pocahontas Civic League, appeared before City
Council regarding the apparent health hazard and nuisance caused by an
open drainage ditch along the Norfolk & Southern right-of-way adjacent to .-
._~he property o£ the citizens in the area and further indicated that this
roblem will increase with the present widening under construction and any
uture widening of this ditch.
City Council expressed their concern for the problem existing in Pocahontas
Village and requested the City Manager to formulate cost estimates on fencin:
along the full length of the ditch and cost estimates on the construction of'
' a box culvert or culverts. City Council also stated the need for the formu-
lation of a policy indicating what improvements they can legally require a
developer to make.
ITEM #4831
Mrs. Lermond Miller appeared on behalf of the League of Women Voters to
present to the Councilmen a bookley which they prepared entitled "The Guide
to Virginia Beach City Government".
ITEM #4832
On motion by Vice Mayor Ervin, seconded'by Councilman Ferrell, and by record~
vote as follows:
Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Robert B. Cromwell, J:
--rice Mayor F. Reid Ervin, George R. Ferrell, Charles W. Gardner, Clarence A.
lolland, D. Murray Malbon, J. Curtis Payne, and Mayor Donald H. Rhodes.
Nays: None
Absent: Councilman Floyd E. Waterfield, Jr.
City Council adopted the following Resolution of Appreciation to Mrs. R. B.
Tynes:
The regular meeting of the C~uncil of the City ofVl.~_'~;
Beach was held in the Council Chambers of the Administratio~
Building of the City of Virginia Beach on July 17, 1972.
On motion by Mr. Ervin and seconded by Mr.
the folloWing resolution was unanimously adopted~
R E SOL U T I~O N
'--:~.?i:~ ~:(--''"-:.i[' Wt{EREAS, Mrs. R' B:~.TYnes was appointed to the Departma,a --- Soci. al ServiCes Board on July 1, 1958; and
WHEREAS, Mrs. Tynes served as Chairman of the Departmen'-
Social Services Board from January 1, ~1971 until June 30, 197
~,WHEREAS, I~s. Tynes resigned from the Department of Soc'
Services Board on June 30, 1972; and
WHEREAS, Mrs. Tynes served with honor and dedication th~:
out her term.
NOW, THEREFORE BE IT RESOLVED BY THE COUNCIL OF THE CIT
VIRGINIA BEACH:
That the Council'of the City .of Virginia Bemch takes pi
in extending its praise and sincere appreciation to Mrs. R. i..'
for her diligent Service to this community; and
BE IT FURTHER ~RESOLVED, that. the Clerk is direCted to sr
copy of this ~e~oiUti0n on the minutes of this day's meeting.
ITEM #4833
'ice Mayor Ervfn made a motion, which was seconded by Councilman Malbon, to
nominate Mr. W. E. McClurg, bir. Wilfred P. Large, Mr. James L. Craig, Mr. G.
R. Schell and-Mr. A. M. Fox' to the Building Board of Adjustment and Appeals.
On motion by Councilman Gardner, seconded by Councilman Gardner, a~d by
unanimous vote, the nominations were closed.
Recorded vote on the above nominations was as follows:
Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Robert B. Cromwell, Jr
Vice Mayor F. Reid Ervin, George R. Ferrell, Charles W. Gardner, Clarence A.
Holland, D. Murray Malbon, J. Curtis Payne, and Mayor Donald H. Rhodes.
Nays: None
Absent: Councilman Floyd E. Waterfield~ Jr.
City Council made the following appointments, and reappointments to the
Building Board of Adjustment and Appeals:
Reappointed--Mr. W. E. McClurg, Architect, for a one (1) year term
beginning July 1, 1972, expiring June 30, 1973
Reappointed--Mr. Wilfred P. Large, Land Surveyor, for a one (1) year
term beginning. July 1, 1972, expiring June 30, 1974
Appointed -- Mr. James L. Craig, Structural Engineer, for a two (2)
year term beginning July 1, 1972, expiring June 50, 1974
Appointed -- Mr. G. R. Schell, Building'Industry, for a two (2) year
term beginqing July 1, 1972, expiring June 30, 1974
Appointed - Mr. A. M. Fox, General 'Contractor, for a three (3) year
term beginning July 1, 1972, expiring June 30, 1975
ITEM #4834
On motion by Councilman Malbon, seconded by-Vice Mayor Er~in, and by recorded
vote as follows: "
Ayes: Councilmen John A. Baum, Robert H. Cailis-, Jr., Robert B. Cromwell, Jr.
Vice Mayor F. Reid Ervin, George R. Ferrell, Charles W. Gardner, Clarence A.
Holland, D. Murray MAibbni'J. Curtis Payne, and Mayor Donald H. Rhodes.
-~.ys: None
~sent: Councilman Floyd E. Waterfield, Jr.
'City Council appointed Mrs. Iris C. Esenberg. Deputy City Clerk.
ITEM #4835
%
Mr. S. J. Holland, representing the citizens from 42nd Street to 45th Street,
appeared before City Council requesting that the sand replenishment operation
be extended three blocks from 42nd Street to 45th Street.
Mr. Thomas Broyles, on behalf of the Cavalier llotel, endorsed the above
request as long as the City acknowiedges that any pipes crossing 41st to
42nd Street are on private property.
Afte.r discussion with Norfolk Dredging Company regarding the extension of the
dredging project, it was indicated that the equipment' woul.d have to have a
booster, therefore, cost would have to be renegotiated. It was further indica
that the amount of sand would have to be 60,000 to 70,000 cubic yards to bring
the beaches up to the designed berm.
City Council requested that the experimental groin be moved up another five ($
blocks. Mr. Scott indicated that perhaps three groins would be necessary in t
area.
ITEM #4836 '~
I'-'. Philip Denman, representing the petitloner~ for the closing of Sand Trap
! ae, requested City Council to defer consideration of the proposed street
~osure'for one (1) week.
Mr. Harlan, abutting property owner,stating'his concurrence with the request
for a deferral for one week. I
On motion by Councilman Cromwell, seconded by. Councilman Malbon, and by record¢
vote as follows: ~
Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Robert B. Cromwell, Jr.,
Vice Mayor F. Reid Ervin, Geo%ge R. Ferrell, Charles W. Gardner, Clarence A.
Holland, D. Murray Malbon, J. Curtis Payne, and Mayor Donald H. Rhodes.
Nays: None
Absent: Councilman Floyd E. Waterfield, Jr.
City Council deferred for one (1) week consideration of viewers reports
relative to closing Sand Trap Lane in Kempsville Borough.
ITEM # 4837 (a)
Application of the City of Virginia Beach, School Board, for a Use Permit to
construct a Junior High School on certain property located 2000 feet more or
less West of First Colonial Road at the Western extremity of Sir William Osler
Drive, running a distance of 750 feet along the Southern property line, running
.a distance of 1450 feet along the Western property line, running a distance of
750 feet along the Northern property line and running a distance of 1450 feet
along the Eastern property line. Said parcel contains 25 acres more or less.
(General Hospital of Virginia Beach Area).-LYIINHAVEN BOROUGH.
The Planning Commission reconmends approval of this request subject to City
water and smver required by the Health Department and standard site plan
requirements required by the Engineering Division. The mOtion for approval
included the provision that a 40-foot paved section be constructed to connect
the subject property with First Colonial Road. Curb, gutter and sidewalk are
also. to be included.-
Mr. James C. Mounie appeared on behalf of the City-of Virginia Beach - School
On mO~ion by Councilman Fmlb°n, seconded by CounCilman Crc~well, and by recorded
vote as foll~s:
Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Robert B. Crcrawell, Jr.,
Vice Mayor F. Raid Ervin, George R. Ferrell, Charles W. Gardner, Clarence A.
HOlland, D. Murray Ma]bon, J. Curtis Payne, and Mayor Donald H. Rhodes.
Nays: None
AbSent: Councilman Floyd E. Waterfield, Jr.
Council approved the above application of the City of Virginia Beach - School
Board, for a Use Permit to construct a Junior High School on certain property
lbcated 2000 feet, nDre or less, West of First Colonial P~ad at the Western
extremity of Sir William Osler Drive, in the General Hospital of Virginia Beach
area, Lynnhaven Borou.~u. Approval is further subject to City water and s~4er
required by the Health .Department; subject to standard site plan req~i.'ren~nts
required by tl~e Engineering Division; and further subject to a 30 foot paved
section in lieu of a 40 foot paved sect/on. Approval is fur~er subject to
curb, gutter and sidewalks.
On mot/on by Councilman Malbcn, seconded by Councilman Gardner, and by recorded
Note as follows:
Ayes: CounciLmen John A. Baum, Robert H. Callis, Jr., Bobert B.-~11, Jr.,
Vice Mayor F. Rsid Ervin, George R. Ferrell, (~arles W. Gardner, Clarence A.
Bolland, D. Murray M~] hCn, J. Curtis Payne, and Mayor Donald H. Rhodes.
Nays:
Absent: Councilman Floyd E. Waterfield, Jr.
City Council Voted to reconsider the above application of the City of Virginia
Beach, School Board, for a Use" Permit to construct a Junior High School in the
General Hospital of Virginia B~ach area, Lynnhaven Borough.
~ #4837 Cc:)
On motion by Councilnem.. M~lbc~, seconded by Councilman Call/s, and by recorded
vote as follows:
Ayes: Councilman John A. Baum, Robert H. Callis, Jr., Robert B.-~11, Jr.,
Vice Mayor F. Reid Ervin, George R. Ferrell, Charles W. Gardner, Clarence A.
Holland, D. Murray M~lbcn, J. Curtis Payne, and Mayor Donald H. Rhodes.
Nays: None
Absent: Councilman Floyd E. Waterfield, Jr.
City Council approved the above application of fhe City of Virginia Beach - School
Board, for a Use Permit to construct a Junior High School on certain property
located 2000 feet, more or less, West of First Colonial Road at the Western
extremity .of Sir William Osler Drive, General Hospital of Virginia Beach area,
Lynnhaven Borough: Approval 'is subject to City water and s~ver required by the
Health Department; subject to standard site plan r _equir~ts required by the
Engineering Division; subject to a 30 foot paved section; and further subject
to site plan review= by the Department of Oom~unity Services.
~ {~ 4838 -
Application of Chartes, A,:and Jo W. Stevenson fora Use Permit to operate a
private kindergarten on certain property loCated at the SoutlT~ast corner of
South Plaza Trail and.. Continental Street ('¥1indsor Street), running a distance
of 616 feet along the South side of Continental Street, running a distance of
250 feet along the East side of South Plaza Trail, running a distance of 625
feet along the North side of ),laverick Street, and running a distance of 200
feet along the t~lest side of Dillon Drive. Said reRuest is to be conducted in
a 'portion' of the Princess Anne Plaza United I.lethodist Church. (Princess Anne
Plaza Area). LYHHHAVEN BOROUGH. :
The Planning Commission recom~,ends approval of this request subject to City
water and sewer required by the Health Department and standard site plan
review if required by the building inspector.
Mr. Charles A. Stevenson appeared on behalf of his own application.
On motion by Vice Mayor Ervin, seconded by Councilman M~]hon, and by recorded
Note as follows:
Ayes: . Councilmen John A. Baum, Robert H. Callis, Robert B. Cromwell, Jr.,
Vice Mayor F. Reid Ervin, George R. Ferre!l, Charles W. Gardner, Clarence A.
Holland, D. Murray Malbon, J. Curtis Payne, and Mayor Donald H. ~hodes.
Nays: None
Absent: Councilman Floyd E. Waterfield, Jr.
City Oo~il app_ ro~:~t the above application of Charles A and JO W. Stevenson
for a Use Permit to operate a private kindergarten on certain property located
at the Southeast corner of South Plaza Trail and Continental Street (Windsor
Street), running a distance of 616 feet along the South. side of Continental
street, running a distance of 250 feet along the East side of south Plaza Trail,
running a distance of 625 feet along the North side of b~verick Street, and
ztmtning a distance of 200 feet along the .West side of Dillon Drive. ~ne
Kindergarten is to be conducted in a portion of the Princess Anne Plaza United
Methodist Church, Princess Anne Plaza area, Lynnhaven Borough. Approval is
subject to City water and sewer required by the Health Depaz~nt; and further
subject to a standard site plan review by the building inspector.
ITEM # 4839
Application of Billy D. and Jane N. Williams for a Use Permit to stable one
horse on certain property beginning at a point 460 feet more or less North
of South Woodside Lane, running a distance of 459 feet more or less along the
East side of Woodside Lane, running a distance of 427 feet more or less along
the Northern property line, running a distance of 263 feet more or less along
the Eastern property line and running a distance of 628 feet more or less along
the Southern property line. Said parcel contains 4.25 acres more or less.
LYNNHAVEN BOROUGH.
The Planning Comtsston recommends apprOval of this request.
Mr. Billy D. Williams appeared on behalf of his c~n application.
On ~tion by Councilman ~lhon, ~econded by Councilman Callis, and by reoorded
~te as follows:
Ayes: Councilmen John A. Baum, Robert H. Callis ,. Jr., Robert B. Cromwell, Jr.,
Vice Mayor F. R~id Ervin, George R. Ferrell, Charles W. Gardner, Clarence A.
Holland, D. Murray M~_!bon, J. Curtis Payne, and Mayor Donald H. Rhodes.
Nays: None
.Absent :' Councilman Floyd E. Waterfield, Jr'.
City Council approved the above application of Billy D. and Jane N. Williams
for a Use Permit to stable one horse on property beginning at a point 460 feet,
· i~ore or less, kbrth of south Woodside Lane, running a distance of 459 feet,
mDre or less, along t~he East side of Woodside Lane, running a distance of 427
feet, more or less, along the Northern property line, running a distance of 263
feet along the'Eastern property' line and running a distance of 628 feet, more
or less, along the Southern p:operty line. Said parcel contains 4.25 acres,
mDre or less. Lynnhaven Borough. Planning Conxnission reconl~_nded approval
of this application.
~ ~ 4840 ·
Application 'of the City of Virointa Beach, School Board, for a Use Per:,it to
construct a Junior High School'on certain property located at
corner of Seaboard Road and Leroy Drive, running a distance of 739.54 feet
along the West side of Seaboard Road, running a distance of 1650.43 feet along
the South side of Leroy Drive, running a distance of 955.06 feet along the
Western property line and running a distance of llSO feet along the Southern
property line. (Seaboard Elementary School Area). PRINCESS ANISE BOROUGH.
The Planning Commission recommends approval of this request subject to City
water and sewer required by the Health Department' and standard site plan re-
quiremep~.~% to include standard pavement widening, sidewalks, curb and gutter
and nece'~%~ary storm drainage along the property fronting Leroy Drive and
Seaboard Road; standard concrete protective curbs shall be required along
the perimeter of all paved parking and driveway areas as required by the
Engineering Division. Public Utilities Division reports that a pump station
will be required to tie into the server force main located at Princess Anne
Courthouse. . ............. .
Mr. james C. Mounie appeared on behalf of the City of Virginia Beach - School
Board.
On motion by CounciIman M~lhon, seconded by Councilman Holland, and by recorded
~ote as follc~s:
Ayes: Councilmen Jchn A. Baum, Robert H. Caliis, Jr., Robert B. ~11, Jr.,
Vice Mayor F. Reid Ervin, George R. Ferrell, Charles W. Gardner, Clarence A.
Holland, D. Murray Malbcn, J. Curtis Payne, and Mayor Donald H. Rhodes.
Nays: None
-Absent: Councilman Floyd E. Waterfield, Jr.
City Council approved the above _application of the City. of Virginia Beach -
School Board for a Use Permit to construct a Junior High School on certain
property located at the Southwest corner of Seaboard Road and Leroy Drive:
ApproVal is subject to City water and sewer required by the Health Department;
and further subject to standard site plan approved by the Depa/~-ent of
'Public Utilities and the Depa~ ;.Lent of Co, LlL~nity Services. Seaboard Ele~entry
School area, Princess Anne Borough.
ITEM # 4841
........... Application of the City of Virginia Beach, Department of parks and Recreation,.
for a Use Permit to construct a llunicipal Park-and related facilities on cer-
tain property ~cated on the South side of the Virginia Beach-~4orfolk Express-
way, on the ~orth side of Holland Road and on the East side of Edwin Drive
Extended. Said parcel contains 168 acres more or less and is knovm as "flount
Trashmore". Plats ~vith more detailed information are available in the Office
of the Department of City Planning. KEtIPSVILLE BOROUGH.
The Planning Commission recommends approval of this request subject to City
water and server required by the Health Department and standard site plan
review. -
Mr. Harold S. Whitehurst appeared on behalf of the City of Virginia Beach -
Department of Parks and Recreations.
On motion by councilman Ferrell, seconded by Councilman Gardner, and by recorded
vote as follows:
Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Robert ~. Cron~ell, Jr.,
· Vice' Mayor F. Reid Ervin, George R. Ferrell, Charles W. Gardner, Clarence A.
Holland, D. Murray Malbon, J. Curtis Payne, and Mayor Donald H. Rhodes.
Nays: None
Absent: Councilman Floyd E. Waterfield, Jr.
City Council approved the above application of the City of Virginia Beach -
Depaz-Hcent of Parks and P~creation for a Use Permit to construct a Municipal
Pa~k and related facilities on certain property located on the South side of
the 'Virginia Beach-Norfolk Expressway, on the NOrth' side of Holland Poad and on
th~ East side of Edwin Drive Extended. Approval is subject to City water and
sewer required by the Health Depazh~ent; and further subject to standard site -
plan review. Kempsville Borough.
~Ig 4842
Application of Chtldress-Httchtns )-~tors, Inc., for a'Us~ permit to 'operate
used car sales and service on certain property beginning at a point 100 feet
East'of Horace Avenue, running a distance of 125 feet along the ~orth side of
Virginia Beach Boulevard, running a distance of 225 feet along the Eastern
property line, running a distance of 125 feet along the ~Iorthern property
line and running a distance of 225 feet along the ~lestern'property line. Said
parcel contains 28,125 square feet. (Aragona Village Area). BAYSIDE BOROUGH.
The Planning Conmission recon~ends approval of this request subject to City
water and sewer required by the ){ealth Departm. ent and standard site plan re-
quirements to include standard concrete protective curb to enclose the parking
area as required by the Engineering Division.
Mr. Lloyd S. (/%ildress. appeared on behalf of his application.
On notion by Councilman Helland, seconded by Councilman Crcnw~ll, and by recorded
~ote as foll~s:
Ayes: councilman John A. Baum, Robert H. Callis, Jr., Robert B. Ckol~well, Jr. ,.
Vice Mayor F. Reid Ervin, George R. Ferrell, Charles W. C~3rdner, Clarence A.
~olland, 'D. Murray M~lbcn, J. C~s Payne,. and Mayor Dona'ld H. Rhodes.
Nays: None
Absent: councilman Floyd E. Waterfield, Jr.
City council approved the above application of Childress-Hitd~ins Motors, Inc.
for a ~ to operate used car sales and service on certain property
beginning at a pein. t 100 feet east of Horace Avenue, running a distance of
125 feet along the North side of. Virginia Beach Boulevard, Aragona Village
area, Bayside Borough. Approval is subject to City water and sewer required
by the Health Departmsnt; and further subject to standard site 'plan requi_ 'rements
to include standard concrete' protective curb to enclose the parking area as
required by the Engineering Division.
~ ~ 4843
Application of George B.' Williams for a Use Permit to'operate a skating Hnk
on certain property located on the SoutheaSt corner of Lavender Lane and Broad
Street, running a distance of 275 feet along the South side of Broad Street,
running a distance of 275 feet along the East side of Lavender Lane, running a
distance of 275 feet along the Southern property line and running a distance of
Z75 feet along the Eastern property line. Said parcel contains 1.75 acres
more or less. {Aragona Village Area}. BAYSIDE BOROUGH.
The Planning Commission recommends approval of this request subject to City
water and sewer required by the Health Department and standard site plan re-
quirements to include sideualks along the property fronting on Broad Street.
In addition 15 feet of pavement, curb and gutter, sidevmlks and stom drainage
mS necessary along that portion of property fronting Lavender Lane is required
by the Engineering Division.
Mr. A1 Newburn appeared on behalf of the applicant.
C~ motion by councilman Holland, seconded by Councilman Crcnwell, and by reCOrded.
vote as foll~s:
Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Robert B. Crcn~ell, Jr.,
Vice Mayor F. Reid Ervin, George R. Ferrell, Charles W. Gardner, Clarence A.
Holland, D. Murray M~]bc~, J. Curtis Payne, and Mayor Donald H. Rhodes.
Nays: Nc~e
Absent: Councilman Floyd E. Waterfield, Jr.
City Council approved the above application of George B. Williams for a Use
Permit to operate a skating rink on certain property loca .t~d on the Southeast corner of
Lavender Lane and Broad Street. Approval is subject to City water and sewer
required by the Health Department; subject to standard site plan requirements
to include sid~,zalks along the property fronting on Broad Street; and further
subject to 15 feet of pavem~t, curb and gutter, sidewalks and stem drainage
is required by the Engineering Division. Aragona Village area, Bayside Borough.
:L-'z"J~# 4844
A~Pli~a--t-~Jn of Trans:~ic Corporation by Thomas C. Broyles, Attorney, for a
Use Permit to construct 56 apartment units on certain property beginning at
~ ~b~O feet more or less ~Jest of Holly Road, running a distance of 204 feet
along the South side of Pine¥~ood Drive, running a distance of 330 feet along
the Western property line, running a distance of 180 feet more or less along
the Southern property line and running a distance of 260 feet more or less
along the Eastern property line. Said parcel is known as Site 4, Linkhorn
Park. VIRGIIHA BEACI! BOROUGH.
The Planning Commission recon~ends denial of this request due to the opposi-
tion of the residents in the area and the increased traffic volume generated
by this request would add to the safety hazards presently evident in this
vicinity.
Mr. ~mas C. Br~yles appeared on behalf of the applicant. ' li~
Mr. Stan Howard and Mr. Robert Garrett appeared in opposition of the application.
Ayes: coUncilmen John A. Baum, Robert H. Callis, Jr., Vice Mayor F. Reid .~rvin,
Charles W. Gardner, George R. Ferrell, D. Murray Mmlh~n, J. Curtis Payne, and
Mayor Donald H. Rhodes.
Nays: coUncilmen Robert B. Cromwell, Jr. and Clarence A. Holland
Absent: councilman Floyd E. Waterfield, Jr.
City Council voted to deny the application of Trans-Pacific corporation,
by Thc~s C. Broyles, Attorney, for a Use Permit to construct 56 apartment
~r~its ~n certain property beginning at a point 800 feet West of Holly Road
and 204 feet alcng the South side of Pinewood l~oad. The application was
denied due to the increase of traffic volumn which would be generated by
app~x)val of this application; and also the' safety hazard presently evident
in this vicinity. Site 4, T.inkhorn Park, Virginia Beach Borough.
ITEM #4845
]%-pp]tcatton of Acquisitions, Inc., for a Use Permit to construct a ]20-unit
motel on certain property beginning at a po'iht 70 'feet North of llth Street,
running a distance of 130 feet along the East side of Atlantic Avenue, running
a distance of ]50 feet along the ~;orthern property line, running a dista'nce of
]30 feet along the Eastern property line and running a distance of 150 feet
along the Southern property line. Said parcel contains 0.45 acres more or
.less. VIRGIl;IA BEACH BOROUGH.
The Planntng Commission recommends approval, of this request subject to City
water and sewer required by the Health Department and standard site plan
requirements required by the Engineering Division.
Mr. Andrew Heatwole appeared on behalf of the applicant.
On motion by Council~ CAllis, seconded by Councilman Payne, and by recorded
vote as follows:
Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Robert B. Cromwell,' Jr.
Vice Mayor F. Reid £rvin, George R. Ferrell, Chg¥1es W. Gardner, Clarence A.
Holland, D Murray Malbon J Curtis Payne, and Mayor Donald H Rhodes
Nays: None
Absent: Councilman Floyd E. Waterfield, Jr.
Cit~ Council approved the above application of Acquisitions, Inc., for a Use
Permit to construct a 120-unit motel on certain property beginning at a pbint
70 feet North of llth Street, running a distance of 130 feet along the East
side of Atlantic Avenue, running a distance of 150 feet along the Northern
property line, running a distance of 130 feet along the Eastern property lin~
and running a distance of 150 feet along the Southern property line, said'
parcet contains 0.45 acres more or less, Virginia Beach Borough; subject to
-City water and sewer as required by the Health Department and standard site
lan requirements as required by the Engineering Division·
ITEM~ 4846
On motion by CoUncilman Cronwell, seconded by CoUncilman Malbc~, and by recorded
~3te as follows:
Ayes: coun.cilmen John A. Baum, Robert H. Callis, Jr., Pobert B. Cromwell, Jr.,
Vice Mayor F. Reid Ervin, George R. Ferrell, Charles W. Gardner, Clarence A.
Holland, D. Murray Malbcn, and J. Curtis Payne.
Nays: None
Absent: councilman Floyd E. Waterfield, Jr.
MAYOR DONALD H. RHODES I~5~f THE COUNCIL ~.
City Council approved on second reading an Ord/nance es~mhlishing special
assessments for agricultural, horticultural, forest or open space real est~ate:
AN ORDINANCE ESTABLISHING SPECIAL ASSESSMENTS
FOR AGRICULTURAL, HORTICULTURAL, FOREST OR
OPEN SPACE REAL ESTATE 1
Be it ordained by Council of the'City of Virginia Beach
1. The City of Virginia Beach finds that the preservation
-- of real estate devoted to agricultural, horticultural, forest
and open space uses within its boundaries is in the public
interest and, having heretofore adopted a land-use plan, hereby
ordains' that such real estate shall be taxed in accordance with the
provisions of Article 1.1. of Chapter 15, of Title 58 of the Code
of Virginia and of this ordinance.
2. (a) The owner of any real estate meeting the criteria set
forth in 58-769.5 and 58-769~7 (b) of the Code-of Virginia may, on
or before November one of each year, apply to the City Real Estate
assessor for the classification, assessment and taxation of such
property for the next succeeding tax year on the basis of its use,
under the procedures set forth in 58~769.9 of the Code of Virginia~
Such application shall be on. forms provided by the State Department
of Taxation and supplied by the City Real Estate assessor and shall
include such additional schedules, photographs and drawings as
may be req~d~ ~y.~t~.ss.essor'
(~) 'A separate application shall be filed for each use
for which qualification is'sought.
3. Promptly.upon receipt of any application, the City Real
Estate Assessor shall determine whether the subject property meets
the criteria for taxation hereunder. If' the assessor shall determine
that the subject property does meet such criteria, he shall determine
the value of such property for its qualifying use, as well as its
fair market value.
In determining whether the subject property meets the criteria
for "forest use" the assessor may request an opinion from the
Director of the Department of Conservation and Economic Development,
and in determining whether the subject property meets the criteria
for"
open space use" he may request an opinion from the Director
of the Commission of Outdoor Recreation'. Upon the refusal of the
Director of the Department of Conservation and Economic Development
or the Director of the Commission of Outdoor Recreation to issue
an opinion or in the event of an unfavorable opinion which does
not comport with standards Set forth' by the respective director,
the party aggrieved may seek relief from any court of record
wherein the real estate in question is located, and in the event
that the court finds in his favor it may issue an order which
shall serve in lieu of an opinion for thepurposes of this ordinance.
4. The use value and fair market value of any qualifying
property shall be placed on the land book before delivery to the
treasurer and the tax for the next succeeding tax year shall be
extende~ from the use value. '
5. There is hereby imposed a roll-back tax, in such amount as
may be determined under Virginia Code 58-769.10, upon any property
as to which the use changes to a non-qualifying use.
6. (a) The.owner of'any real estate liable for roll-back
'tax~s shall report to the treasurer, on forms to be pr~scribed, any
change in the use of such property to a non-qualifying use and shall
p'ay the roll-back tax then .due. On failure so to report a~d pay
within sixty d~ys following such change in use~ such owner shall be
liable for an additional penalty equal to ten per centum of the
amount of the roll-back tax, which penalty shall be collected as a
part of the tax. In addition to suCh penaltY, there is hereby
imposed interest on oneLhalf per centum of the amount Of the roll-
back tax for each month or fraction thereof, during which the
failure continues.
(b) Any person making a matsrial misstatement of fact in
any application.filed pursuant hereto shall be liable for all taxes,
in such amounts and at such times as if such property had been
assessed on the basis of fair market value as applied' to other real
estate in the' taxing jurisdiction, together with interest and
thereon, and he shall be further assessed~with an additional ~
.__ of one hundred per centum of such unpaid taxes.
7. The provisions of Title 58 of the Code of Virginia
applicable to local levies and real estate assessment and tax~
shall be applicable to assessments and taxation hereunder mut?
Mutandis including, without limitation, provisions relating tc
tax liens and the correction of erroneous assessments, and for
such purposes the roll-back taxes shall be considered to be
deferred real estate taxes.
8. This ordinance shall be effective
beginning on and after January 1, 197'3.
for all
tax years
As to authority of the City of establish such
assessments see Code of Virginia, Section 58-
-,769.4 to 58-769.16
Om .,motion by Councilman Cronwell, seconded by Councilman Holland, and by v.
~te as follows: ' ~
Ayes: Councilmen John A. Baton, Robert H. Callis ,' Jr., ~abert B. Crcmwe!!
Vice Mayor F. Reid Ervin, George R. Ferrell, Charles W. Gardner, Clarence
Holland, D. Murray Malbon, and J. Curtis Payne.
Nays: None
Absent: Councilman Floyd E. W.aterfield, Jr.
:
MAYOR DONALD H. RHODES T.RI~'T ~ (I)UNCIL CHAMB~.
City Council approved on second reading the followLng Ordinance to amend
reordain Chapter 22 of the City Code regulating motor vehicles and traffi
transportation of pupils to and from pUblic~ private or parochial schools,
which is painted yellow with the words 'School Bus, Stop, State Law' in
black letters of specified size on front and rear, and which is equipped
--- with warning devices as prescribed in Code 6f Virginia, section 46'1-287."
Section 22-8. Enforcement by city officers; officers to be uniformed;
officers to be paid fixed and determined salaries.
Add "With the consent of the landowner, any such officer may patrol
the landowner's property to enforce state, county, city or town motor
vehicle registration and licensing requirements."
Section 22-16. Records required of persons renting motor vehicles.
without drivers.
Add "No person engaged in the business of renting automobiles and
trucks without drivers shall rent any such vehicle without a driver unless
such vehicle is an insured motor vehicle as defined in Code of Va. section
46.1-167 (2)".
Section 22-20. Direction of traffic by fire-fighting officials.
Insert, "and .upon conviction thereof shall be punished by fine of not
less than ten dollars nor more than one hundred dollars," after "guilty
of a misdemeanor."
Section 22-27. Persons o. perating and ridihg upon motorcycles.
Insert, "If such motorcycle is designed to carry more than one ~erson,.
it shall also be equipped with a footrest, for the use of such passenger."
after .the sentence ending "seat of the operator."
Add .the following paragraphs.
"A person operating a motorcycle shall ~wear a face shield, safety
glasses or goggles or have his motorcycle equipped-with safety glass or
windshield at all times while operating said vehicle, and operators and
_. passengers thereon, if any, shall wear protective heiments. Operators
and passengers riding on motorcycles with wheels of eight inches or less
in diameter shall not be required to wear protective he%mets. The
· Superintendent of State Police shall within one year from the enactment of
this bill establish standards for the windshields, face shields, glasses
or goggles and protective helmets required herein. Failure to wear a face
2
AN ORDINANCE TO AMEND AND REORDAIN
CHAPTER 22 OF THE CODE OF THE CITY
OF VIRGINIA BEACH REGULATING MOTOR
VEHICLES AND TRAFFIC
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGI~
That Chapter 22 is amended and reordained as followS:
ARTICLE I. In general.
Section 22-2. Definitions. Change the following definitions to
read:
Antique motor vehicle. "Every motor vehicle, as herein defined,
which is designated by the manufacturer as a. nineteen hundred and- forty
three or prior year model, or which was a6tually manufactured in the
calendar year nineteen hundred and forty-three or a calendar year prior
thereto and is owned solely as a collector's item, ~nd is used for part
pation in club activities, exhibits, tours, parades, and similar uses,
._. but in no event used for general transportation, may be classified by
the commissioner as an antique motor vehicle."
Business district. "~he'territory contiguous to a highway where
seventy-five per centum or more of the property contigu, ous to a highwa~
on. eit.her side of the highway, for a distance of three hundred feet or
more along the highway is '6ccupied by land and buildings ac'tually in
and operation for business purposeS.''
Farm tractor. After "designed and used" strike "primarilY"; afte~
"implements'' add "including self-propelled mowers designed and used
mowing lawns."
Re'sidence district. "The territory contiguous tO a highway, not
comprising a business district, where seventy-'five per centum or more
_- th& property contig, uous to such highway, on either side of the highway
for a distance of three hundred feet or more along the highway is occ,.
by dwellings a6d land improved for dwelling purposes, or by dwellings~
land .improved for dwelling purposes, and land or buildings in use for
business purposes."
School' bus. "Any motor vehicle, except commercial bus, station
automobile or truck, which is designed and used primarily for the
shield, safety glasses or goggles or protective helmets shall not constitute
negligence per se in any civil proceeding."
"No motorcycle operator shall use any face shield, safety-glasses
or goggles or have his motorcycle equipped with ·safety glass or a wind-
shield unless of a type approved by the Superintendent."
"Any person who knowingly violates this section shall be .guilty of
a misdem~anor and shall be punSshed by a fine not exceeding one thousand
dollars or confinement in jail not exceeding twelve months, or both, in
the discretion of the jury or of the court trying the case without a
jury."
Section 22-32. Putting glass, etc. on Street prohibited·
Change note 6 to refer to "Code of Virginia, Section 33.1-350" instead
of Section 33-288.1
Arrest for misdmea~ors; release on summons and promise
Section 22-33.
to appear.
--' After paragraph one, add "Notwithstanding the paragraph above, if
prior general approval has been granted for the use of this section by
the court having j~risdiction as provided in this Article, the arresting
officer may appear before a justice of the peace or other issuing authority
of the city and make an oath as to the offense and request the issuance of
· a warrant at any time prior to the return date of the-summons or notice.
A warrant for the violation shall then be issued by the justice of the
peace or other issuing authority and forwarded forthwith to the court in
which said offense is to be tried."
Section 22-34. When arresting officer"
· may take person before judicial
officer in lieu of issuing summons.
Insert, "who shall determine whether or not probable cause exists
'-- that such person is likely to disregard a summons, and may issue either
a summons or warrant as he shall 'determine proper." after "the summons.
required by 22-3~."
Add,as·a second paragraph to 22-34. the following:
"Before any warrant shall issue for the prosecution of a violation
of an ordinance of the city regulating parking, the violator shall have
3
been first notified by mail at his last known address or at. the address
shown for such violator on the records of the Division of Motor V~hicles,
that he may pay the fine, provided by law for such violation, within five-
days of receipt of such notice, and the officer issuing such warrant-Shall
be notified that the violator has failed to .pay such fine within such time.
The notice to the violator., required by the provisions of this section,
shall be contained in an envelope bearing the words 'Law Enforcement Notice
· stamped or printed on the face thereof in type at least one-half inch in
height."
ARTICLE II. Signs, Signals, and Markers.
Section 22-41.(a) ..
Between sentence ending with "arrow" and the one beginning with
"Green" add: "A legal right turn on a red signal may be made after coming
to a full stop, provided that a sign indicating that such right turn is
'permissible is placed at the intersection.' Such turning traffic shall
yield the right-of-way to pedestrians lawfully within an adjacent cross,
walk and to other traffic using the intersection."
After word "i~4~ca~es" strike "that" add "the";
After "is givem_U add !'except that sudh traffic shall yield to other
vehicles and pedestrians lawfully within the iDtersection."
. Section 22-41~(b~..~.
After "shall step'[ =~d_ '!if it is not reasonably safe to continue";
After "which has" add "already";
After "entirely cleared" add the sentence, "The amber signal is a
warning that the red signal is imminent."
Section 22-41.(b)
Add as last sentence "The use of a flashing amber arrow indicates that
traffic may turn in the direction that the arrow is pointing only with
caution and shall yield to any vehicle in the intersection or so close
thereto as to constitute an immediate hazard."
fire' department or
Add'aS. paragraph (e) the following: "Members of any/rescue squads
when on duty may activate electric traffic control signals when such cont=ol
signals are specifically authorized by the State Highway Commissioner or
the Director of Public Safety."
4
Section 22-45. (a)
Add "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."
Section 22-51. When unlawful to have in possession certificate of
title issued to another.
Strike out "and acknowledged before a party authorized to administer
oaths."
ARTICLE III. Licensing and Registration Generally
Section 22-57. Sale, etc., of vehicle without, having certificate
of title.
Add "Except as provided in section 43-34 of the Code of Virginia"
at the beginning of the ordinance.
Section 22-59. Driving without operator's, etc., license prohibited.
Chan§e to read as follows:
"(a) No person, except those expressly exempted in Section 46.1-352
through Section 46.1-356 of the Code of Virginia shall drive any motor
vehicle on any highway in this city until sUch.person shall have made
application for an operator's or chauffeur's license, as hereinafter pro-
Vided, and satisfactorily passed the examination required by Section 46.1-
369 of the Code of Virginia. and obtained either an operator's or chauffeur
license, nor unless such license issued to such person is valid.
(b) Upon a first conviction of a violation of this section, the
penalty imposed shall be a fine of not more than five hundred dollars or
imprisonment for not more than six months or both such fine and imprison-
ment. Upon a second or subsequent conviction of a violation of this sec~:(
which second offense shall have occurred within one year of a first offen'
the penalty shall be imprisonment in.jail for not less than ten days nor
more than six months, and, in addition, may be a fine not less than one
5
hundred dollars no more than five hundred, dollars."
Section 22-60. Driving while operator's, etc., license suspended or
revoked.
Insert "and 46.1-387.8 as amended" after "In 46.1-352.1."
Add at the end of paragraph (b) the following: "In addition, the
court shall suspend or revoke such person's license, permit, or privilege
to drive for the same period for which it had been previously suspende.d or
-revoked when such person violated this section. In the event such person
has violated this section by driving during a period of suspension or revo-
cation which was not for a definite period of time, the court shall suspend
or revoke such person's license, permit or privilege to drive for an
additonal period not to exceed ninety days. Any additional suspension
ordered under the provisions of this section shall commence upo'n the expi-
ration of the previous suspension or revocation unless such previous
suspension or revocation has expired prior to the ordering of an additional
suspension or revocation."
ARTICLE V. Operation of Vehicles Gen.erally.
Division 2
Section 22-8~.!.- Lesser included offense of impaired driving. (repeal
Section 22-84.01. Analysis of breath to_determine alcoholic content
"(a) Any pe~sop,who.is suspected of a violation of 22-84 shall be
entitled, if such equipment be available, to have his breath analyzed uo
determine the probable alcoholic content of. his blood. Such breath may
be analyzed by any police officer, of the State, or of any county, city
or town, or by any member of the sheriff's department of any county, in
the normal discharge of his duties.
6
(b) The State Board of Health shall determine the proper method
and equipment to be used in analyzing breath samples taken pursuant
to this section and shall advise the respective police and sheriff's
departments of the same.
(c) Any'person who has been stopped by a police officer of the
State, or of any county,' city of town, or by any member of the sheriff's
department of any county and is suspected by such officer to be guilty'
of a violation of 22-84, shall have the right to refuse to permit his
breath to be so analyzed, and his failure to permit such analysis .shall
not be evidence in any prosecution under 22-84, provided, however, that
nothing in this section shall be construed as limiting in any manner the
provisions of 22-84.2.
(d) Whenever the breath sample so taken and a.nalyzed indicates that
there is alcohol present in the blood of the person 'from whom the breath
was taken, the officer'...may charge such person for the violation of 22-84.
--' Any person so charged shall then be subject to the provisions of 22-84.2.
(e) The results of such breath analysis shall not be admitted into
ievidence in any prosecution under 22-84, the purpose of this section being
to permit a preliminary analysis of the alcoholic conteht of the blood of
a.. person suspected of havin.g violated the provisions of 22-84.
(f) Police officers shall, upon stopping any person suspected of
having violated the provisions of 22-84, advise such person of his rights
under the provisions of this section."
Section 22-84.2. Use of chemical analysis to determine alcohol in
blood.
Paragraph (b) should read "January" where it now reads "July." Strike
"sixty-four" and add "seventy-three." After "sample of his blood" add
--'"or breath." Strike the word "thereof" after "the alcoholic content" and
add "of his blood." Add as a final sentence to (b): "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."
7
In paragraph (c) after "of.his blood" add "or breath"; after
"alcoholic content" add "of his blood" and strike the word "thereof";
after "sample of his blood" add the words "or breath"; after the words
--'"'requirin~a blood" add the words "or breath"; after "then no blood', add
"or breath."
In paragraph (g) after the Words "whose blood" add "or breath',; after
"alcoholic content" strike "thereof" and add "of his blood."
In paragraph (h) strike "five" add "ten."
In paragraph (i) after "of the blood" add "or breath"; after "of
his blood" add "or breath"; strike "withdrawn" add "taken"; after"the
alcoholic content" strike "thereof" and add "of his blood"; after "that
a blood" add "or breath."
In paragraph (j) after "of a blood" add "or breath"; after "whom
the blood" add "or breath";
In paragraph (1) after "of his blood" add "or breath"; after "the
m alcoholic content" strike "thereof" and add "of his blood";
In paragraph (m) after "of his blood" add "or breath"; after "alcoholic
content" strike the word "thereof" and add "of his blood"; after "of hi~
~ blood" add "or breath"; after "alcoholic ..content" strike the word "thereof"
and add "of his blood."
Add new paragraph (r-l) as follo, ws: ."Chemical analysis of a person's
breath, to be considered valid under the provisions of this section, shall-
be performed by an individual possessing a valid license to conduct such
t~sts, with a type of equipment and in ·accordance with the methods approved
· by the State Health Commissioner. Such breath testing equipment shall be
tested for its accuracy by the State Health Commissioner's Office at
least once every six months.
-- Any individual conducting a breath test under the provisions 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
· with the manufacturer's specifications, the equipment on which the breath
test was conducted has been tested within the past six months, the name
of the accused, the alcoholic content of the sample, and by whom the
sample was examined. The certificate, as provided for in this section,
8
when duly attested by the' authorized 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 him at the time
of the arrest, or anyone participating in the arrest of the accused,
make the breath test or-analyse the results thereof."
In'paragraph (s) after "disposition of blood" add "or breath."
Section 22-85. Presumptions from alcoholic content of blood.
In paragraph (1) after "by weight" add "by volume'
In paragraph (2) strike "0.15," adc~'0.10$" after "by weight" add
'"my volume", strike "Provided, however, such'facts shall not preclude
prosecution and conviction under 22-84.1."
In paragraph (3) strike'"0.15" add "0.10" after "by weight" add "by
volume."
SectiOn 22-87. Same--Forfeiture of right to drive; suspension of
sentence.
Strike "one year" add-"not less than 6 months nor more than one year
in the discretion of the court."
Division 3
Section 22-90. Specific instances.
Add new paragraph (2-a) "Drive a vehicle when it is loaded, or when
there are in the front seat such number of persons, as to obstruct the
view of the driver to the front or sides of the vehicle or to interfere
with the driver's control over the driving mechanism of the vehicle;"
Add new paragraph.(3-a) ':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 t'o 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
Change paragraph (5) to read: "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 taking
9
on or discharging children, and to remain stopped until all children·
are clear of the'..highway or school driv'~way and the bus is put i~ 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 upon approachin§ 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 only to school buses which are
equipped with warning devices prescribed in 46.1-287 Code of Virginia and
are painted yellow with the words "School· Bus, Stop,· State Law" printed
in black letters at least six inches high on the front and rear thereof.
If space is limited on the front, the words "School Bus" may be in letters
at least four inches high. Only school buses as-defined in 46.1-1 (37) Co.
of Virginia which are painted yellow and equipped with the required
lettering and warning devices shall be identified as .school buses;"
Change paragraph (9) to read "or upon any hi§hway under construction
or not yet open to the p~blic" after ."business property open to the public
Section 22-91. Driving certain vehicles, etc., in excess of eighty
miles per hour.
Chan§e to r~' "A ~erson shall be guilty of reckless driving if he
operates a motor :%~h~cle-upon ·the highways of this city at a speed of
twenty or more'miles per hour in excess of ~he applicable maximum speed
limit ·prescribed in Se6tion 22-98 or in excess of eighty, miles per hour
regardless of th~ ': "~':~'
posted speed limit."
Section 22-92. Driving certain vehicles in' excess of sixty-five mile
per' hour.' '.
Delete entire section
Section 22-93. Racing on highways.
After "highways of this city~ add "or upon any driveway or premises
of'a church, school, recreational facility or business property open to
the public in this city;" after "reckless dri¥ing" add "unless authorized
by the owner of the 'property or his
S'ec~ion 22-94. Penalty for reckless driving.
Substitute "one thousand dollars" in both places where "five hundr'ed
dollars" appears.
10
Section 22-97. change title to read "Same; reckless dr'ivi:
Substitute "as provided for in section 22~91" for "for exc
speed of sixty-five or seventy'five miles per hour, as the case
--upon the highways of this city under section 22-91 or 22-92" in
sentence.
Section 22-97.1 Improper Driving
Strike "one" add "five."
Division 4
Section 22-103. Checking on speed with electrical devices
Add new paragraph (a-l) as follows:
t'In any court or legal proceeding in which any question ar
the calibration or accuracy of any such r~dio microwave or oth~
device, a certificate, executed and signed by the officers call
testing such device as to its accuracy' as well as t'o the accurc
speedometer of any motor vehicle used in .such test, and statin~
--- of such test, type of test and results of testing, shall be ad:.
when attested by one such officer who executed and signed it
of the facts therein state~ and the results of such testing."
Change paragraph (b) of 22-103 to read "is in uniform and
his badge."
Delete paragraph (c)'6f 22-103
Section 22-107. Keep to the right in crossing intersecti'
railroads.
At beginning of paragraph add "Except as otherwise provid
'~ Division 5
Section 22-128. Exemption of polite'officers, etc.
Delete "bell" from the second paragraph.
__ Section 221134·. Parking prohibited in specified places.
Add "or within fifteen feet of the entrance to a buildin.7'
rescue squad equipment or ambulances provided such buildings
designated."
Section 22-137. Stopping on highways -- Generaily.
After "in which case" add "the emergency flashing light
11
vehicle shall be turned on if the vehicle is equipped With such ligkz$
and such lights are operating, and"
ARTICLE VI. Stopping, Standing and Parking Generally.
Section '22-141. Flares and other signals, etc.
Add ."Truck, trailer, house trailer or mobile home" after "bus."
Add "Red reflectorized triangular warning devices of a type approved
by the .Superintendent may be used in lieu of flares or torches." as
last sentence of the first paragraph.
$~d new second (2) paragraph to read "The exception provided
[ .... in
with respect to highways within the corporate limits of cities or
streets or highways which are artificially lighted at night shall nc.~ appl
to any portion of any interstate highway within the corporate limits ~f
the city."
-Section 22-143. Same-- When red flags required, etc.
Add "Red reflectorized triangular warning devices of a type approved
by the Superintendent may be used in lieu of flags." as last sentence.
Section 22-147. Removal and disposition of certain unattanded
vehicles, etc.
After sentence ending "or sale thereof" add "It shall be presun~d
that such motor vehicle, trailer or semitrailer; or part thereof is
doned, if (1) it does not bear a curren~ license plate or a valid stkte
inspection certificate or sticker and (2) it has been in a specific iccatic
for ten days without being moved.
Add new paragraph. "Any personal property found in any unattended
o~ abandoned motor vehicle; trailer or semitrailer may be sold incif_ant
to the sale of any such vehicle as authorized.;'
Section 22-149. Removal and disposition 'of vehicles unlawfully.-
parked, etc.
Add new paragraph. "Whenever a motor vehicle, trailer or semi'.~r3~.!er
involved in an'accident is found upon the highways or skreets there~i ~ .~nd
12
is so located as to impede the orderly flow of traffic, the police may
at no cost to the owner or operator remove such motor, vehicle, ~railer
or semitrailer from the highways or streets to some point in the vicinity
where such motor vehicle, trailer or. semitrailer will not impede the flow
of traffic."
ARTICLE VIII. Li§htin~ Equipment.
Section 22-169. Head lamps, etc. on motorcycles.
A~d as second and third para§raphs.
"Notwithstandin§ any provision of law to the contrary, it shall be
unlawful for any duly' licensed person to operate a motorcycle designed
exclusively for use in trail riding, or sporting events known as endurance
runs, during the actual running of such events when the same have been
sanctioned by the American Motorcycle Association, on portions of the
public highways between sunrise and sunset without headlights, horn or
rearview mirror.
Persons operating subh motorcycles without such equipment-on the
public highways of this city other than at the times and under the
circumstances hereinabove set forth shall' be guilty of a misdemeanor."
Section 22-17(~.; Rear lamps.
Add paragraph:-t~ree. "Every motor vehicle, trailer or semitrailer,
except an antique vehicle not originally equipped with a stop lamp,
registered in this: ~ity~ and" operated on' the highways in this city shall be
equipped with at l~.~t' 'W~e'stop lamp of a. type approved by the Superintende~
which automatically exhibits a red or amber light plainly visible in clear
weather fro. m a distance of five hundred feet to the rear of such vehicle
when the foot brake pedal is actuated."
Section 22-176. Other permissible lights~ etc.
Delete all after first paragraph and add as follows:
· "Only those vehicles listed in paragraph (a) of 46.1-226 and paragra~h
(a) of 46.1-267 Code of Virginia and school buses may be equipped with
flashing, .blinking or alternating red emergency lights of a type approved
by the Superintendent."
13
"(a) A member of any fire department, volunteer fire company or
volunteer' rescue squad may equip one vehicle owned by him with a flashing
or steady-burning red light of a type approved by the Superintendent, for
use by him only in answering emergency calls."
"Any person violating the provision of this section shall be guilty
of misdemeanor."
"(~) Blue lights, steady or flashing, of a type approved by the
Superintendent shall be reserved for civil defense vehicles, publicly or
privately owned."
"No motor vehicle shall be operated on any highway which is equipped
with any lighting device other than lamps required or permitted in this
article or required or approved by the Superintendent of required by the
Federal Department of Transportation."
Section 22-177. When lights to be lighted, etc.
Add the word "head" before "lamps" in paragraph (a).
ARTICLE IX. Brakes, Horns, and Other Mechanical Equipment.
Section 22-186. Within what distances brakes should stop vehicle.
Change to read as follows:
"On a dry, hard, approximately level stretch of highway free' from
loose material, the service braking system shall be capable, of stopping a
motor vehicle or combination of vehicles at all times and under all
conditions of loading at a speed of twenty miles per hour within the
following distances:
(a) Passenger motor vehicles except buses and antique vehicles as
defined in Section 22-2., twenty-five feet.
(b) Buses, trucks, and tractor trucks, fqrty feet.
(c) Motor vehicles registered or qualified to be registered as
antique vehicles under section 22-2 when equipped with two-wheel brakes,
forty-five feet; four-wheel brakes, twenty-five feet.
(d) All combinations of vehicles, fifty feet.
(e). 'Motorcycles, thirty feet.
Section 22-187. Same -- Trucks, etc.
Delete in its entirety.
14
Section 22-193. Illegal sirens, 'etc.
Add new second paragraph as follows:
"Notwithstanding the provisions of this'chapter, a siren, bell or
-- suppleme~.~l horn may be used on a vehicle as a noisemaker for analarm
system provided the deVice is installed so as to prohibit actuation of
~he system by the driver while the vehicle, is in motion."
Seation 22-195. Warning devices on school buses; use thereof.
Add new paragraph (a-l). "Failure of warning device to function on
any school bus shall not relieve any person operating a motor vehicle from
his duty to stop as provided in 22-90.!'
Section 22-196. Delete in its entirety and substitute:
Section 22-!96. Vehicles hired to transport children to or from
school, camp, etc.
'"Any private individual, corporation or civic, charitable or eleemosy-
nary organization, for the purpose of transporting children to or from
--- school, camp, or any other place during any part of the year, may contract
to hire motor vehicles identified as regular school buses, ha%lng a seating
capacity of more than fifteen persons, which are painted yellow, and if
such motor vehicles are used .for such purpose they shall be equipped and
operated in the same manner as are the regular'school buses pursuant to
the provision of' Section 46.1-168 et.seq.-of the COde of Virginia."
Change footnote #5 to "For similar state law, see Code of Va.,
§46.1=287.1.
Section 22-197. Mirrors.
Add new second paragraph'as follows:
"No motor vehicle registered in this city designed and licensed
primarily for passenger vehicular transportation on the public highways
--- and manufactured for the year nineteen hundred sixty-nine or for subse-
quent years shall be operated on highways of this city unless equipped
with at least one Outside and at least one inside rear view mirror
· meeting, the requirements of subsection (a) hereof."
15
Section 22-199. Signs on windshields, etc.
Add second sentence as .follows:
--- "The size and placement location of stickers or decals used by
Counties, cities, and towns in lieu of license plates shall'beLin compliance
with regulations promulgated 'by the Superintendent."
Se6tion 22-200. Suspension of objects so as to obstruct view of drive~
After "rear window" add "or to alter a passenger-carrying vehicle in
a manner as to obstruct the driver's view through the windshield."
Section 22-202.1. Windshields.
· :Add new section to read as follows:
"It shall be unlawful for any person to operate upon a highway in
this city any motor vehicle or reconstructed motor vehicle, other than a
motorcycle, registered in this state which was manufactured, assembled or
reconstructed after July one, nineteen hundred seventy, unless such motor
--~ vehicle is equipped with a windshield."
Section 22-205. Cleats, etc., on tires, chains.
Add. "It shall also be permissible to use upon any vehicle, whose
gross weight does'~6t ~x~eed ten thousand pounds, tires with studs which
project not more than one sixteenth of an inch beyond the tread of the
traction surface of the tire when compressed ~nd which cover not more than.
three percent of the traction surface Of the tire.
The 'use of tires shan be per ssible from November first
nineteen hundred seventy-two to April first, nineteen hundred seventy-
three, and-from November-first, nineteen hundred seventy-three to April
first, nineteen hundred seventy-four."
-Section 22-208. Requirements for signal devices.
--- Add "Motor vehicles may be equipped with a braking warning syst'em
or device which will cause the vehicle's brake lights to flash when the
vehicle is in motion but committed to an emergency or panic stop."
Ad~."Motor vehicles, trailers and semitrailers, when temporarily
stopped on the traveled or paved portion of the highway so as to create a
16
traffic hazard shall use all four turn 'signals simultaneously to signal
spproachin§ motorists of the existing hazard whenever such vehicle is
equipped with a device which will cause the f~ur turn 'Signals to flash
--simultaneq.~ly. All four signals may be flashed simultaneously on a
vehicle stopped at the. scene of a traffic hazard, but in no event shall
all four signals be flashed simultaneously while .the vehicle is in motion."
SectiOn 22-210. Exhaust System.
Add'paragraph (c) as follows:
"Chambered pipes shall not be deemed to be an effective muffling device
to prevent excessive or unusual noise as required in subsection (a)."
Section 22-214. Fastening load of logs, barrels, etc.
After "chains" strike "or"; after "metal cables" add "nylon webbing,
steel straps or other restraining devices."
Section 22-217. Safety belts and harnesses.
Change to read as follows:
--- (a) "Any safety lap belt or shoulder straps or harness or any combination
of lap belt and shoulder strap or harness installed in a vehicle shall be
designed and installed in such manner as to prevent or materially reduce
movement of any person using.the same in the event of collision or upset
of the vehicle. '
(b). The SuPerintenden~ shall establish, specifications or requirements.
for approved type safety lap belts and shoulder straps or harnesses or any
combination of lap belt and shoulder strap or harness attachments and
in'stallation, in accordance with the provisions of this section, and
suhh specifications or requirements may be the same as those specifications'
or requirements for safety lap belts or shoulder straps or harnesses or
any combination of lap belt and shoulder strap or harness established by
---the Civil Aeronautics Administration Technical Standard Orders or regula-
tions established by the Society of Automotive Engineers or the standards
of the Federal Department of Transportation, for safety lap belts and
· shoulder, straps or harnesses or combination lap belts and shoulder straps
or harnesses.
(c) No person shall sell, offer or keep for sale any safety.lap
17
belt, shoulder straps or harness, or any..combination of lap belt and
shoulder strap or harness or attachments thereto for use in a vehicle,
unless of a type which has been approved by the Superintendent."
--- Section 22-217.1. Safety belts and safety harnesses to be installed
on ~ertain motor vehicles.
New section as follows:
"(aS No motor vehicle registered in this State designed and licensed
primarily for private passenger vehicular transportation on the public
highways, and manufactured for the year nineteen hundred sixty-three or
for subsequent years, shall be operated on the highways of this city unless
the front seats thereof be equipped with adult safety lap belts or a
combination of lap belts and shoulder straps or harnesses of a type or
types approved by the Superintendent. .
(b) Failure to use such lap belts or a combination of lap belts
and shoulder straps or harnesses shall not be deemed to be negligence.
(c) ' Passenger motor vehicles registered in this city and manufactured
after January first, nineteen hundred sixty-eight, shall be equipped with
.lap'belts or a combination of lap belts and shoulder Straps or harnesses
as required to be installed at the time of. manufacture by the Department
of Transportation." " '
Section 22-226. Length of vehicles - Generally; special permits.
Add "and provided further, that vehicles designed and used exclusivel~
vehicles
for the transportation of motor/may have an additional overhang not to
exceed five feet."
Section 22-238. P. ermits required for ~vehicles of excessive size, etc
In paragraph (b) after "concrete in transit" add "or at 'a project sit,
for transporting necessary components to produce concrete immediately upon
arrival at the project site."
Section 22.-239. Weighing Vehicles.
Add "In any court or legal proceedings in which any question arises
18
as to the calibration or accuracy of any such scales at permanent weigh-
Sng stations or loadometers, a certificate, executed and signed under
oath by the inspector calibrating or testing'such device as-to its
'-- accuracy as well as to the aCcuracy of the ~est weights used in such test,
~,
and stating the time of such test and results of testing, shall be
admissible when attested by one such inspector who executed and signed
St as evidence of the facts therein stated and the results of such testing.
ARTICLE XII. Size and Weight.
Section 22-240. Assessment etc., of liquidated damages for violation
of weight limit.
Change to read as follows:
"Upon conviction of any person for violation of any weight limit as
provided in this chapter or in any permit issued by the State Highway
Commission or local authority pursuant to 46.1-343 or 46.1-343.1 of the
Code of Virginia, or 22-238. of the City Code, the court shall assess
-- the owner, operator or other person causing the operation of such over-
weight wehicle liquidated damages in the amount of two cents per pound
for each pound of excess weight over the prescribed limit in this chapter
when such excess is more than five thousand pound~, two cents per pound
for each pound of excess axle weight over the ~rescribed limit in any
permit issued pursuant to 46.1-343 or 4'6.1-343.1 Code of Virginia ox
22-238. of the City Code, when the excess axle weight over the prescribed·
limit in any permit issued pursuant to 46.1-343 or 46.1-343.1 of the Code
df Virginia or 22-238 of the City Code, when such excess is more than five
bhousand pounds and ten cents.per pound for~each pound of excess gross
weight over the prescribed limit in any permit.issued pursuant to 46.1-343
or 46.1-343.1 Code of Virginia or 22-238 of the City Code, provided, how-
__ ever, whenever any vehicle does not exceed the gross weight permitted
according to the table provided in 46.1-339 Code of Virginia and exceeds
the axle weight in this chapter by two thousand pounds or less, the court
. shall assess liquidated damages in the amount of one cent per pound for
each pound of excess weight over the prescribed axle limit in this chapter.
Such assessment shall be entered by the court as a judgment for the City,
19
the entry of which shall constitute a lien upon. the overweight vehicle.
Such sums shall be paid into court or collected by the attorney for the
City and forwarded to the City Treasurer and allocated to the fund
appropriated for the construction and maintenance of City highways."
ARTICLE XIII. Protection of Pedestrians.
Section 22-247. Right of way of pedestrians.
In first paragraph after "a highway" strike "within a business or
residence destrict;" after"crosswalk" insert "whether at mid-block or at
the end of any block;" strike the last two paragraphs beginning with
"Notwithstanding."
ARTICLE XIV. Accidents.
Section 22-259. Duty of driver to stop, etc.
Rewrite paragraph (a) to read: .
"(a) The driver of any vehicle involved in an accident in which a
person is killed or injured or in which an attended vehicle or other
attended' property is damaged shall immediately stop as close to the scene
of the accident as possible without obstructing traffic and report forth-
.with to the police authority;' and, in addition, to the person struck and
injured if such person appears to be capable of understanding and retain-
lng the information, or the driver or some other occupant of the vehicle
collided with or to the custodian of other 'damaged property, his name,
address, operator's or chauffeur's license number and the registration
number of his vehicle. The driver shall also render reasonable assistance
to any person injured in such accident, including the carrying of such
injured person to a physician, surgeon or ~ospital for medical treatment
if it is apparent that such treatment is n'ecessary or is requested by the
injured per son.,'
Section 22-260. Penalty.
Add new second paragraph as follows:
"Any person convicted of violating the provisions of 22-259 may be
punished in addition to the penaltie.s provided in the first paragraph of
this section, if such accident resulted only in damage to property and
2O
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; pro-
vided th~this section shall in no case be construed to limit the'
authority or duty of the Commissioner with respect to revocation of'
licenses for violation of 22-259 as provided in chapter 6 (46.1-388 et
seq.) o~ 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 22-66."
This ordinance shall be in full force and effect from the date of
passage.
First Reading - July 10, 1972
Second Reading - July 17, 1972
the
Adopted by theCouncil of the City of Virginia Beach, Virginia, on
17'th day o~ July , 19 72 .
(MAYOR DONALD H. RHODES LEFT THE COUNCIL CtIAMBERS)
,, ITF. M #4847[~
t
· On motion by Vice Mayor Erv£n, seconded by. Councilman Malbon, and by recorded
vote as follows:
Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Robert B. Cremwell, Jr.
Vice Mayor F. Reid Erivn, George R. Ferrell, Charles W. Gardner, Clarence A.
Holland, D. Murray Malbon, and J. Curtis Payne..
.li~ys: None
)sent: Councilman Floyd E. Waterfield, Jr. and Mayor Donald H. Rhodes.
City Council approved the following Ordinance to amend and reordain Section
6-33, subsection {e) of the City Code pertaining to surfing:
AN ORDINANCE TO Ab,~.ND AND REORDAIN
SECTION 6-33, SUBSECTION (e) OF THE
CODE OF THE CITY OF VIRGINIA BEACH
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
-BEACH, VIRGINIA:
That Section 6-33, Subsection (e) is amended and reordained
to read as follows:
in the area between 4th and 42~d Streets between the.hours
of sunrise and sunset, except that. between May 15th and October
1st, surfing is not authorized between the hours of 9 A.M. ~nd
6 P.M. Howe¥gT., ~uTfing is prohibited at all times within
300 feet nor.th:and.within 300 feet ~outh of the Wooden Fishing
Pier located between 14th and 15th Streets.
This ordinance shall be effective'from date of passage,
Adopted by the Council of'the City of Virginia Beach,
'Virginia on the 17th day of" July , 1972.
(MAYOR DONALD H. RHODES RETURNED TO TIlE COUNCIL CHAMBERS)
ITEM #4848
n motion by Councilman Payne, seconded by Councilman Holland, and by record~
vote as follows:
Ayes: Councilmen John A-. Baum, Robert It. Callis, Jr., Robert B. Cromwell, Jr
Vice Mayor F. Reid Ervin, George R. Ferrell, Charles W. Gardner, Clarence A.
Holland, U7 Murray Malbon, J. Curtis Payne, and blayor Donald H. Rhodes.
Nays: None
Absent: Councilman Floyd E. Waterfield, Jr.
City Counci. 1 approved the £ollowing Ordinance to amend and reordain Section
21-5 of the City Code by adding t)aragraphs (e), (f), (g), and (h) pertainin
to Mosquito Control I)istrJct:
AN ORDINANCE TO AMEND AND REORDAIN
SECTION 21-5 OF THE CODE OF THE CITY
OF VIRGINIA BEACH BY ADDING PARAGRAPHS
(e) (f) (g) <h)
~A~E IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA.-
That Section 21-5 of the Code of the City of .Virginia Beach,
Virginia is amended and reordained by adding paragraphs (e),
(f), (g),
(e) l.
(h) as follows:
Ail of the property bordering on Princess Anne Road
from West Neck Creek Bridge. east to and including
Mt. Zion Village. Also,~ along Seaboard Road south
to the Seaboard school and north to the end of
the road.
0
Ail of the property bordering on North Landing Raad
from the Courthouse west to the Texaco Station, also
including houses on West Neck Road for 1,000 feet.
.All property bordering on Princess Anne Road from
the Courthouse northwest for two (2) miles.
(f)
4. All property bordering on Princess Anne Road from
the Courthouse northeast to West Neck Creek Bridge.
Also, along Holland Road north from Princess Anne
Road to the Kellam High School, including Courthouse
Forest Subdivision.
1. All of the area known as Lotus Gardens, including
Cold Cluster Neck Road.
2. Property in the. immediate vicinity and to the north
of the intersection of Atwood Road and Sandbridge
Road. ~ "
(g) l.
Ail lots in the subdivision known as Lagomar.
Ail of the property in Princess Anne Borough lying
to the east of Oceana Boulevard and north of Old
Dam Neck Road..
Ail property bordering On the south side of Old
Dam Neck Road.
(h) 1. All lots in the subdivision knowh as Magic Hollow.
This ordinance shall be effective from date of passage.
Adopted by the Council of the City of virginia Beach,
Virginia, on the 17th day of July , 1972.
IT1~#4849
Ore,motion by Councilman Cromwell, seconded by Councilman Ferrell, and by reoozded
vote as follows: ~
Councilmen John A. Baum, Robert H. Callis, Jr., Robert B. ~ell!! Ir.,
Ayes:
Vice Mayor F. Reid Ervin, George R. Ferrell, Charles W. Gardner, ClarenceA.
Molland, D. Murray Mm]hcn, J. Curtis Payne, and Mayor Donald H. Rhodes.
Nays: None
Absent: Councilman Floyd E. Waterfield, Jr.
City Council approved on first reading the following Ordinance to amand and
reor~m~n Chapter 33 of the City Code by adding Section 33-90.1 relating to
the ~position of tax on the probate of wills or grant of administration.
Requested by City Manager
AN ORDINANCE TO AMEND AND REORDAIN
CHAPTER 33 OF THE CODE OF THE CITY
OF VIRGINIA BEACH BY ADDING SECTION
33-90.1 RELATING TO IMPOSITION OF
TAX ON THE PROBATE OF WELLS OR GRANT
OF ADMINISTRATION.
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, vIRGINIA:
Pursuant to the C~de of Virginia Section 58-67.1 there is
hereby imposed on the probate of every will or grant of adminis-
tration, not exempt by law, a city tax of ten cents for every
three hundred h~dllaY~ in value or.fraction thereof, over one
thousand dolla~. '
This ordinance shall be effective fr6m date.of passage.
FirSt Reading
- ~uly 17 1972
Adopted b~'~h~?~ouncil of the City of Virginia Bgach,
Virginia on the f~' day of //~~. , 1972.
4850
On nDtion by Councilman Ferrell, se~ by Councilman Payne, and by reoorded
·ote as follc~s:
Ayes: Councilmmn John A. Baum, Robert H. Callis, Jr., Robert B. Cronwell, Jr.
Vice Mayor F. Raid Ervin, George R. Ferrell, Charles W. Gardner, Clarence A.
Holland, D. Murray Ma]b cra, J. C~_is Payne, and Mayor Donald H. Rhodes.
Absent.[~buncilman Floyd E. Waterfield, Jr.
City council adopted the following Rasolution desi_c~ating the City Manager
as the authorized agent to e~mcute and submit grants in aid applications to
the ggvernmantal agencies of the federal and state governments.
The regular meeting of the Council of the City of Virginia
Beach, Virginia, was held in the Council Chambers of the Admin-
istration Building of the City of Virginia Beach on July 17, 1972.
· 0~ Motion by Mr. Ferrell and seconded by Mr. Payne
the following resolution was unanimously adopted.
RESOLUTION
WHEREAS, the City of virginia Beach plans active participatic
in federal and state grants in aid prOgrams; and
WHEREAS, such applications require an authorized agent to be
designated by'the City Council of.Virginia Beach. ~
NOW THEREFORE BE IT RESOLVED BY the Council of the City of
Virginia Beach: -.
That the City Manager, Roger M. Scott, is hereby designated
as the authorized agent to execute and submit such grants in aid
applications to the goVernmental agencies of the federal and stat,~
gOvernments.
On motion by councilman Ferrell, seconded by Counci .lman Holland, and by recordo?
vote as follows:
Ayes: m~uncilmen John A. Baum, Robert H. Callis, Jr., Robert B. Cromwell, Jr.,
Vice Mayor F. Raid Ervin, C~orge R. Ferrell, Charles W. Gardner, Clarence A.
Holland, D. Murray Mm]bon, J. Curtis Payne, and b~yor Donald H. Rhodes.
Nays: None
Absent: Councilman Floyd E. Waterfield, Jr.
City Council approved the following Ordinance relative to closing Parcela
E and F as described on plat shc~ing right of way dedication of Reon Road in
Kempsville Borough:
AN ORDINANCE CLOSING, VACATING AND DISCONTINUING
CERTAIN PROPOSED RIGHT OF WAY IN THE CITY oF
VIRGINIA BEACH, VIRGINIA, AS SHOWN ON THE PLAT
OF REON ROAD, IN KEMPSVILLE BOROUGH
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA:
WI{EREAS, Proper notice that the City of Virginia Beach would
make application to the Council of the City of Virginia Beach, or
June 5, 1972, to have the hereinafter described portions of ~he
right of way in Kempsville Borough vacated and.discontinued as
public right of way of the City of Virginia Beach, Virginia, was
duly posted at the Courthouse of the Circuit Court of the City.
Virginia Beach, Virginia, on the day of , 19~
and at two public places in the City of Virginia Beach; and
WHEREAS, said application was made to the Council and pursu~
to the statutes in such cases made and provided, the Council, on
June 5, 1972, which was ten days after said posting of the notice
appointed' Mr. W' 0. Fleming, 3r., Mr. C. C. Carrington,
Mr. George L. Hanbur¥
as Viewers to view said portion of the right of way in Kem?~vill~
Borough sought to be closed, vacated and discontin6ed and to
report in writing whether in their opihion, any, and' if any, Wha~
inconvenience would result from discontinuing the same, and said
Viewers have made their report to the Council by their letters
and reports; and :
WHEREAS, the land proprietors, affected thereby along said
portion of the right of way proposed-to be closed, vacated and
discontinued have been duly notified; and
WHEREAS, it is the judgment of the Council that said pertio~
of th~'right of way should be closed, vacated and discont~.n~cd.
NOW, THEREFORE, BE IT ORDAINED by the Council of the City o
Virginia Beach:
That, the portion of the right of way in the City of Vi. rg~in
Beach, Virginia, as hereinafter described, is hereby
vacated and discontinued as a'public right of way of the City of
Virginia Beach, said right of way not being needed for public use:
Ail that certain right of way situated and lying
in Kempsville Borough, City of Virginia Beach, Virginia,
and designated and shown as "20' R/W Parcel E and Parcel
F," as appears on that certain plat entitled "Plat show-
ing R/W Dedication for Reon Road Department of Community
Services Engineering Division City of Virginia Beach,
Virginia Scale 1"=50' dated February 24, 1972," duly
recorded in the Clerk's Office of the Circuit Court of
the City of Virginia Beach, Virginia, in Map Book 91,
at page 23.
This Ordinance shall be in effect from and after thirty (30)
days from the date of its adoption.
Adopted by the Council of the CitY of Virginia Beach, Virgini~
on the 17th day of, July .,.1972.
On motion by Vice' Mayor Ervin, seconded by Councilman Payne, and by recorded
~ote as follc~s:
Ayes: Councilmmn John A. Baum, Robert H. Callis, Jr., Robert B. ~ell, Jr.,
Vice Mayor F. Reid Ervin, George R. Ferrell, Charles W. Gardner, Clarence A.
Holland, D. Murray Mmlhon, J~ Curtis Payne, and Mayor Donald H. Rhodes.
Nays: N~ne "-
Absen%: Councilman Floyd E. Waterfield, Jr.
City Council defor~d for t.h. ir~ (30) days the following Viewers Report; rela~iv~
to closing a portion of Ocean Avenue in Lynnhaven Borough:
:
:.
ITEM # 4852
On motion by Councilman Gardner, seconded by Councilman Malbon, and by recorde
vote as follows:
Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Robert B. Cromwell, Jr.
Vice Mayor F..Reid Ervin, George R. Ferrell, Charles W. Gardner, Clarence A.
Holland, D. Murray Malbon, J. Curtis Payne, and Mayor Donald H. Rhodes.
Nays: None
'--sent: Councilmen Floyd E. Waterfield, Jr.
~ty Council approved an adjustment in estimated revenues totaling $S84,900
in additional appropriations to. the Virginia Beach School Board xn a like
amount as follows:
Increased estimated revenues for the 1971-72 School Operating Fund
Budget by $584,900 with an offsetting increase in appropriations in
the same amount. The breakdown of this increase is as follows:
Estimated Revenues:
620- General appropriation from the Commonwealth
741- School Lunch and Special Milk Funds
Total Estimated Revenues
Appropriations:
'12020- Instruction Regular Day School
12040- Pupil Transportation
12050- School Food Services
12070- Fixed Charges
Total Appropriations
$268,047
316,853
$584,900
$100,000
68,047
916 , 853
100,000
$584,900
ITEM # 48.53
~ motion by Councilman Ferrell, seconded by Councilman Malbon, and by record
vote as follows:
Ayes: Councilmen John A.~Baum, Robert H. Callis, Jr., Robert B. Cromwell, Jr
Vice Mayor F. Reid E~Vin, George R. Ferrell, Charles W. Gardner, Clarence A.
Holland, D. Murray Mslbon~ $. Curtis Payne,'and Mayor Donald H. Rhodes.
Nays: None _
Absent: Councilman F~gYd E. Waterfield Jr
City Council approved an appropriation in the amount of $5,489. for payment
to Stewart Construction ~ompany for work performed on Royal Palm Arch, Malibu
Subdivision durin§ an emergency operation to preserve the ~eneral health,
safety and ~elfare of the nei§hborhood.
ITEM # 4854
On motion by Councilman Malbon, seconded by Vice .Mayor Ervin, and by recorded
vote as. follows:
_Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Robert B. Cromwell,
ice Mayor F. Reid Ervin, George R. Ferrell, Charles W. Gardner, Clarence A.
olland, D. Murray Malbon, J. Curtis Payne, and Mayor Donald H. Rhodes.
Nays: None
Absent: Councilman Floyd E. Waterfield, Jr.
City Council 'authorized thc City Manager to execute.a standard water and sew~
agreement and lease agreement for Groveland Park, Lynnhaven Borough.
ITEM # 4855
On motioh by Councilman Payne, seconded bY coUncilman Gardner, and by recorde~
vote as follows:
Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Robert B. Cromwell, Jr.
Vice Mayor F. Reid Ervin, George R. Ferrell, Charles W. Gardner, Clarence A.
Holland, D. Murray Malbon, J. Curtis Payne, and Mayor Donald H. Rhodes.
Nays: None
--)sent: Councilman Floyd E. Waterfield, Jr.
~ty Council adopted the following Resolution requesting the 'City of Norfolk
to make connections and to furnish water through proposed water systems at th~
Pembroke Two Office Building, Bayside Borough:
~RO~OSED ~,z'~TER SYSTEM LOCATmD ~AT _.-- ,, ,,~ .... _ .... ,,~
~E~RO~ TWO OFFICE BUILDING, BaMSIDE BoRou~J~ ~ ~f[~$%~
~N ~ Cl~ OF ~i~GI~ ~~ FURT~R uESC~iB~$~ ~
BE~W~
W~,RF~,S, it is proposed by the City of Virginia Be~ch, Virginia, at
the request of Pembroke Meadows Associates
to extend a proposed w~ter main in mCcordance with the e::isting contract
bet~n the' City of Virginia Beach and ~e City of N~rfolk, in
~Pem_m_b~oke Two Office Buildingx_B_.as~i~ Borouqh... ,
in the streets listed ~s follows:
Name of Size of Lineml ~Oo of
Street Pipe Feet ~d~ nts
Secohd Street
6" 276
Cambridge Street
6" 76 1
all ~s described and shox~n on plan entitled 'Site Plan For Pembroke
Two Office Build__in~
as prepared by ..... =?
~n mhd ~msgier, Consulting Engineers - Surveyors,
-
NOW, THEREFORE, BE IT RESOLVED, that the City of Norfolk. be and it
hereby is, requested to make a connection of the proposed water mains
With the present mains of said City at the said designation, and upon
completion of the installation o~ the proposed m~ins, to supply water
to consumers residing thereon, it being expressly understood and agreed
that the supplying oi said wute& by' the City o£ Norfolk shall be upon
and subject to the following terms and conditions~
1. That the said water mains shall be 'installed in accordance with
the specifications of the said City of Norfolk and to the satisfaction
o~ the Director of Utilities of said City, at no cost to the City of
Nor f o lk. ,
2. That the water so supplied through said mains to consumers, shall
be at the same rate now, or hereafter, charged by the City of Norfolk to
consumers beyond the limits of said City similarly situated.
3. That all ordinances of the City of Norfolk and all rules and
regulations of the Division of Water Supply of said City, now or here-
after adopted and put into effect, relating to the furnishing of w~ter
shall apply to the supplying of water through the said proposed mains.
4. That the said City of Norfolk she'll be under no obligation to
furnish more. w~ter than its distribution system as now laid, with the
press'~re carried, will deliver into said mains, and if the said supply-
ing'of water shall not be in accord:nnce with the standard service, 'th~
said City of Norfolk shall not be held 'responsible in any V~yo
5. That in supplying water to consumers along the said proposed
mains, the City of Norfolk will supply the same only from its surplus
--- supply, and that in no event shall there be any obligation on the p~.r% of
said City to supply %~ter to any cons%~ers along the proposed mains at
any ti3~e when, in the judgement of the Council of the said City of
the said City shall not have sufficient supply for use within its
limits, or %~%%enever the supplying of said water shall interfere with
discharge of the duty of said City to supply %water to its ova% inhabita~tSo
6. That from and after the installation of the %~ter mains and
hydrants they shall become ~he property of the City' of Virg~'nim Beach~
The City of Virginia Beach shall grant to th'e City of ~'orfolk the
to use such mains and hydrants for the supply of water, and further 9:ants
to the City of Norfol]~ ready and reason3ble access to them.
7. That for any fire hydrant installed at the request of the City of
Virginia Beach, a rental payment of One Hundred Dollars ~i$100o00) a ?:e,:r
for each hydrant shall be pa'id to the. City Of Norfolk°
APPROVED.
On motion by Councilman Payne, seconded by Councilman Gardner, and by recorde~
vote as Follows:
Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Robert B. Cromwell, Jr.
Vice Mayor F. Reid Ervin, George R. Ferrell, Charles .W. Gardner, Clarence'A.
Holland, D. Murray Malbon, J. Curtis Payne~
Nays: None
and Mayor Donald H. Rhodes.
Absent: Councilman Floyd E. Waterfield, Jr.
--'ity Council adopted the following Resolution requesting the City 'of ~orfolk
o make connections and to furnish water through proposed water .syStems
..aygood Shopping Center, Phase II, Bayside Borough:
A RESOLUTION REQUESTING TTIE CITY OF ~ORFOLK TOt~Y ~
: ~ A CON[%~CTIO~ A~D TO FURNISH WA~R TM3ROUGH .~~ .
- ~ ~ ~ ~, ~ ~ ~ ~Y OOD
IN ~ CITY OF VIRGI~IA BE~CH~ FURT~R DgSCRIBE~
BE~W ~
WMEREAS, it is proposed by the City of Virginia Beach, Virginia, at
the request of Mr. Le_e._.A. Gifford ·
to extend a pro'posed wo'~er main in accordsnce with the e;:isting contract
between the City ol Virginia Beach mhd the City of ~'orfolk, in
._H__ay_gqPdo_S~o_pp_i~n_q_ ~Centerz__~Pha se I~I3__Ba_YS ide Borou_qh__r . ,
in the streets listed as iollows:
Name of Size of Lineal No. of
--Street . _ PiPe Feet Hffd rant s
Within Easement
Within Easement
8". 324
4', 180
~11 as described and sho~ on plan entitled 'Site Development Plan
Hay~gd Sho~in_~g Center - Phase II'
a~ prepared by ~i~rsh and B~sgier, Consulting ~ngineers - Surveyors,
dated 4-14-72
NOW, THEP~FORE, RE IT RESOLVED, that the City of Norfolk be and it
hereby is, requested, to make a Connection of the proposed water mains
with the present mai~.s of said City at the said d~signation, and upon..
completion of the installation of the prbposed mains, to supply water
to consumers residing thereon, it being 'expressly understood and agreed
that the supplying of said water by the City o£ NOrfolk shall be ~pon
and subject to the following terms and conditions:
1. That the said water mains shall be installed in accordance with
the specifications of the said City of Norfolk and to the satisfaction
of the Director of Utilities of said City, at no cost to the City of
Nor fo lk. -.
2. That the water so supplied through said mains to consumers shall
be at th"e same rate now, or hereafter, charged by the City of Norfolk to
consumers beyond the limits of said City sLmilarly situated.'
3. That all ordinances of the City of Norfolk and all rules and
regulations of the Di~;ision of Water Supply of said City, now or here-
after adopted and put into effect, relating to the furnishing of w~ter
shall apply to the supplying of water through the said proposed-mains.
4. That the said City of Norfolk shall be under no obligation to
furnish more w~.,ter than its distribution system as now laid, with the
press%~re carried, will deliver into said mains, and if the said supply-
lng of %~ter shall not be in accordance with the standard service, the
said City of ~,orfolk shall not be held responsible in any way.
5. That in supplying water to c6nsumers along the said proposed
mains, the City of Norfolk' will supply the same only from its surplus
supply, and that in no event shall there be any obligation on the part of
said City to supply %~ter to any consumers along the proposed mains at
any time %.~en, in the judgement of the Co.uncil of the said City of Norfolk
the said City shall not have sufficient supply for use within its corporate
limits, or ~fnenever~:the~ .~upp!ying of said ~ter shall interfere with the
discharge of the duty of said City to 'supply water to its o%.rn irhhabitants.
6. That from and after the installation of the water mains and
hydrants they shall become the property of th~ City of Virginiu Beach.
The City of Virgin.i,a ,B. eg.ch shall grant to the City of' Norfolk the right
to use such mains and hydrants for the Supply of water, and further grants
to the City of ~orf~k.k, .~.e~.dy. and reasonable access to them.
7. That for any fire hydrant installed at the request of the City of
Virginia Be~ch, s rental payment of One Hundred Dollars ~]$100.00) a year
for each hydrant shall be paid to the City Of Norfolk°
/_3.
~ day of ~ ;~~.' ~__, 19~..
APPROV~.D. ~/
ATTESTE:
Clc:rk o,~: the ~uncii
~ -i'a %ho strco6~ iis'c,~a c.s lo.iowa:
~,,o of S:~o of Linear ,~o. of
Auburn Drive
Bennington Road
Located in drives & parking areas
within the site outside of dedicated
streets
6" 34' 0
6" 121' 0
6" 160' 1
· ~ '"~'~'~ ' ' ' " ' College Park Elementary School Site
~.[~She~2 ....... ~ ~.
~hewnin~ ~, Ho~ard,, & Associates,,,, lnc · ~,j~z~z~ ~~ .... Beach," - ~.C~V,rg,n~
i o That the said water rm',~inz sh~.li bo ~nstall.~)d ~n accordance with
the sFec~icat!ons of ~ho said City of Norfo~{ and to tho satisfaction
of the D~-ector of P~b!ic Works of said City~ at no cost to the
Norfo~s.
2 ~-~.,,,~ tho water so supplied t,.row;h'~o sald~ ~
~ at tho s~o .a~e now~ or here~'~er~ charged t~/ the City of Norfo~ to
cons~cors bmyond Vhe l~ai~s of said City s~.ariy, situated.
2o ~nat a2! ordinances of the City of Norfolk. ~,und all ruu!es and
reo~stions of the Division of Water Supply of said City, now' or hereafter
adopted and put ~nto effect~ relating to the furni:',h~ng of water shall
apply to the supplying of water thro'~zh 'the said proposed mains.
~. That the said City of Norfol); shall ."ne under no obligation to
furnish more water tlnan its distribution system as now laid, with the
press;~e carried, will deliver into said ma~ns~ and i~' the said supplying
of water shall not ~ ~-.n accordance ~..th 'the standard service~ the said
City of Norfolk shall, not be held respnsible in tony way.
5. That ~.n supplying water to consumers along the said proposed ~.~ns~
the City of Norfo~c wilt supply the sa:,e only from its s'~plus supp!y~ and
that in no event shal2 there '~ mny obligation on the part of said City to
supply water to auny const~mers ~long the proposed mains at any' time when,
in the judgement of the Cowncil of the said City of Norfolk, the said City
shall not have sufficient supply f,or use within its cor.r, orate !Lmits~ or
whenever the supplying of said water shall interfere with the discharge
of the duty of said City to supply water to its o~m inhabitants.
6. That from amd after the installation of the water m,~-ains and
hydrants they shall b~ecoms the property of the City of Virginia ~-~ '~
The City of Virginia Beach shall g~ant to the City of Norfo~ the right
to uso such m~t~s and hydrants for the sumvly of wazer, and f~ther ~ants
to the City of Norfo~ ready ~d reasonab[~ access to them.
?. That for a~y
~mre hydrant installed st
-- t,.e request o~ the City of
Virginia Beach, a rental pay~.env of ~e H'~dred ~s~s (~i00.00) a ye~
flor each ~-ant shaq] ~ paid to the City of
~~ BY ~:~ COU~;~ of the C~y of
-. ~ V~g~i~..~ach, V
-- 1~ ~ day of ,P~-~f/ ,'19.,~ ~./'. this
~ PR OWeD:
, ITEH # 4857
City Council appointed Councilmen Robert H. Callis, Jr..and CharlestiW. Gardner
to the Norwegian Lady Committee. ,
ITEM #4858
Mr. Sam Houston, Sr., representing the CCO, informed Council of a meeting to
be held at the Wesleyan College Science Building at 7:50 p.m., Wednesday,
July 19, 1972, at which meeting representatives from the Hampton Roads
Sanitation District Commission, the State Water.` Control Board and the City of
Virginia Beach will be present.
ITEM #4859
Mr. Rober Scott, City Manager, .reported to Council that lights will be install
along Independence Boulevard from Haygood to the overpass on North Hampton Blv
ITEM #4860
Mr. Scott informed Council, in regard to the Johnson Street sewer problem, tha
the area would be better served by County Utilities and the City engineers are
working with the County Utility engineers to see if sewer service can be arran
for this area.
ITEM # 4861
Relative to the safety problem at Rudee Inlet, Long Creek Canal and Lynnhaven
Inlet, Mr. Scott indicated they are striving to develop a safety program.
The Jaycees and the Red Cross are also looking into this matter and it is
anticipated that the City, with these organizations, will be able to present
a joint recommemdation to Council.'
ITEM #4862
n motion by Councilman Cromwell, seconded by Councilman Holland, and by
recorded vote as follows:
Ayes: Councilmen John:A.~Baum, Robert H. Callis, Jr., Robert B. Cromwell, Jr.
Vice Mayor F. Reid Ervin, George R. Ferrell, Charles W. Gardner, Clarence A.
Holland, D. Murray M~lbon, J-. Curtis Payne, and Mayor Donald H. Rhodes.
Nays: None _
Absent: Councilman FloMd,E. Waterfiel'd, Jr.
City Council noted its, in~ent'ion to hold a closed meeting on Monday, July 24,
1972, for the purpose of discussing items permitted for discussion under the
Freedom'of Information Act of the Commonwealth of Virginia.
ITEM # 4863
On motion by Councilman Holland seconded by Councilman Gardner the meeting
adjourned. ' '
/
c J lfebbon, C~'ty Clerk
City of Virginia Beach,
Virginia ..
July 17, 1972
...,. ;-' ~
Donald H. Rhodes, Mayor