HomeMy WebLinkAboutNOVEMBER 5, 1979
CITY OF VIRGINII BEICI
MUNICIPAL CENTER
VIRGINIA 13EACH, VIRGINIA 23456
MAYOR PATRICK L. STANDING, A, L.,g@ CLARENCE A. HOLLAND, M.D., B.y@id. B...gb
VICE MAYOR J. HENRY M,COY JR., D.D.S., K@.p,@ill@ B .... gb DONALD W. MERRICK, Ly.@b.... B.,..gb
JOHN A@ BAUM, Bl.@k..t@, B..Ogb MEYERA E. OBERNDORF, A, L.,g@
F. REID ERVIN, A, L.,g@ J. CURTIS PAYNE, A.@@ B .... gb
GEORGE R. FERRE,L, A, L.,g@ ROGER L. RIGGS, Vigi@i. B..@b B.,..gb
BARBARA M. HENLEY, P-g. B.@.gb RUTH HODGES SMITH, Cily Cl@,k
CI-.Y COUNCIL @A
ITE2fl I SFSSION: t@AY, 5 @@-R 1979 - 1:00 P.M-
A. CALL TO ORDFR - @YOR PATRICK L. S-TANDING
B. ROLL CALL OF COUNCIL
C. WRICN To RIECMSS TO =@/MF=IVE SESSICN
D. PFESERRATION/DISCUSSICN OF PERrl= MATRERS
1. Constniction of Lynrihaven Parkway and Aiall Site:
I cussion.
2. pil@: Status report requested by
= Baun.
3. Effectiveness of Legal Advertising: Discussion
by Mayor Standing.
4. Pr sal for Inforipal Sessions to be Held on the
Fl@rst @loriday of Each Month: Discussion by Mayor
Standing.
5. Appropriation to the Tidewater Vircjuua,Develop-
@t Council: Item on Forrnal Agenda. Discussion
as requested by Mayor Standing.
6. Encourag@t of Churches Near the Oceanfront to
Open .@ir Parking rzts to the Public: Discussion
by @r Standing.
7. Proposed Ordinance Relating to an Annual License
Tax on Autcmbiles Not Displaying Current License
Plates: Discussion.
rrFzi ii FO@ SESSION: MONDAY, 5 N@IBER 1979 - 2:00 p.m.
A. TNVOCATICN - Reverend J. S. Tiangen
Messiah Lutheran Church
B. PLEDGF, OF ATT.'FGIAN@
C. ROLL CXL OF COUNCIL
D. MA=S OF @ P@OUS MEETING
1. Motion to accept/approve the Minutes of 22 Oc 1979
E. PESOLUTIONS - None
F. PUBLIC BF@ - None
G. CONSENT AGEMA
All rmtters l@ed under the Consent Agenda are considered
to be routine by the City Council and will be enacted by
one rmtion in the form listed. There will be no separate
discussion of these items. If discussion is desired, that
item will be r@d frorn the Consent Agenda and considered
separately.
1. Reco@dation of the City Manager for a two week deferral
of action relating to @ile hcmes.
2. Ordinance to appoint Viewers in the matter of the petition
of Ernest L. Matthews, Jr. for the closure of a portion of
Birdneck Circle CLynnhaven Borouglil.
a. City @ger's letter rec s apprcyval.
3. Ordinance to and reordain Sections 23-7, 23-9, 23-20,
23-21, 23-22, 23-24.1, 23-27, 23-29, 23-34, 23-38, 23-54 and
23-57 of the Code of Virgini-a Beach, Virginia relating to
offenses-@scellaneous.
a. City Manager's letter rer-cmuends approval.
4. Ordinance to amnd and reordain Sections 22-2, 22-16, 22-42,
22-45, 22-52, 22-57, 22-84.01, 22-84.2, 22-90, 22-107, 22-108,
22-113, 22-131, 22-208, 22-230 and 22-260 of the Code of the
City of Virginia Beach, Virginia, relating to motor vehicles.
a. City Manager's letter re@nds approval.
5. License refunds in the amunt of $326.76, as submitted bv
Mr. Ivan Mapp, ssioner of Revenue.
G. Tax refunds in the amunt of $1,028.13, as subidtted-by
Mr. John Atkinson, City Treasurer.
R. PLA.@-ING ITEMS
1. Application of Lorraine P. God-frey and John A. Johnson
y, Inc., for a conditional use permit for retail
sales of garden supplies, equi@t, and rnaterial, as a
subsidiary use to a plant nursery, on a 1.3-acre @cel
located on the south side of Landstown Road, east of
Princess Anne Road (princess Ame ]3orough). This natter
was deferred until this date on octcber 15, 1979.
a. City Manager's letter transmits the reconmendation of
the Planning C@ssion for APPROVAL, subject to
Council's action.
2. Application of Virginia Beach Fi@ng Pier, Inc., for a
conditional use perrdt for recreational and amusemnt
facilities of an outdoor nature (renovat-ion of fishing
pier and related facilities) on a 3.19-acre parcel located
on the east side of Atlantic Avenue, north of 14th Street
CVirginia Beach- Borough) . T-his rmtter was def err -@ for
thirty C3GI days on August 20, 1979, and for an additional
thirty @'C)- days on October 1, 1979.
a. City M@ger's letter transmitts the recommendation of
the Planning C@ssion for APPROVAL, subject to
Council's action.
H. PLANN1-NG ITEMS (cont'd)
3. ReccmTiendation of the City Manager that the application
of Lakeside Construction Corporation be forwarded back
to the Planning Ccnmission for reoonsideration.
I. ORDINANCES
1. G=RAL
a. ordinance to authorize a t@rary encroa@nt into
a portion of the right-of@y of Maryland Avenue.
b. ordinance to authorize the construction and maintenance
of @rary encroaclzents into a portion of the right-
of-way of Village Drive and the service road adjacent to
Laskin Road in Lynnhaven Borough, Virginia Beach, Vir-
ginia, to Johnstcwn Pro@ties t/a The Villages Apart-
ments.
2. SFCOND PEADINGS
a. Ordinarice to the Ordinance adopted on Dlay 7, 1979,
establi@g the tax levy on real estate for the tax
fiscal year 1980 relating to the armunt of levy on un-
equalized public service real estate as provided for in
Section 58-512.1 of the Code of Virginia (1950), as
aniended.
b. Ordinance to increase appropriations in the Comprehensive
Substance Abuse Program Budget, in the amunt of $19,644.
3. APPRoPRTATicNs
a. First Readings
1. ordinance to appropriate fimds of $15,000 to the
Ti,dF-Water Virginia Development Council (TVDC).
2. Ordinance to appropriate $420,000 for site acquisition
in the Beach Borough.
3. Ordinance to appropriate funds for the air condition-
ing of Linkhorn Park and Seatack Elementary Schools,
in the amunt of $489,G80.
4. Ordinance to allocate additional @sitions and related
appropriations to the Social Services Departnient, in
the amunt of $53,577.
b. Bids
1. Low bid for the Princess Anne Park Restroom Facility
(4-8031@:
North Landing T,ine construction $117,973.00
b. 13ids (contldl
2. Lcw bid for coristruction to d the City Garage:
Whitfield/Gee Construction y, Inc. $419,750.00
c. Grant-s - None
J. OLD BU S
1. V. Alfred Etheridge, Jr., Esquire, to appear before
Counc@l in regard to the application of Murphy
]3uilding Corporation for a conditional use permit for
two duplexes, which was approved by Council on August 20,
1979.
2. Council Matters.
K. NEW BUS=S
1. Russell W. Chaplain, Jr. regarding drugs in Virginia
Beach.
2. Jams L. Kaiser, President, North Virginia Beach Civic
League, wishes to address Council.
3. Application of Mr. t S. Twiford for a Free standing
Mcbile Hcm.
4. Council Matters.
L. ADJOURNMENT
Minutes of the Honorable City Council
OF THE
CITY OF VIRGINIA BE.@CH, VIRGINIA
November 5, 1979
The regular meeting of the Council of the City of Virginia Beach, Virginia,
was called to order by Mayor Patrick L. Standing, in the Conference Room,
in the Administration Building, on Monday, Novenber 5, 1979, at 1:00 p.m.*
Council Members Present:
John A. Baum, F. Reid Ervin, George R. Ferrell, Barbara M.
Henley, Clarence A. Holland, Donald W. Merrick, Meyera E'
Oberndorf, J. Curtis Payne, Roger L. Riggs, and Mayor Patrick
L. Standing
louncil Meribers Absent:
*Vice Mayor J. Henry McCoy
*Due to the heavy Agenda, Mayor Standing opened the meeting at 12:55 p.m.
ITEM #14355
rlayor Standing entertained a motion to permit Council to conduct an INFORT!AL
SESSION to be follo@,ied by an EXECUTIVE SESSION for the purpose of discussing
the following:
1. Discussion or consideration or employment, assignment,
ap!lointment, promotion, demotion, salaries, discipline
or resignation of public officers, appointees or
employees of any public body. (Personnel Matters)
2. Discussion or consideration of the condi-lion, acquisition
or use of real property for public purpose, or other
disposition of publicly held property. (Acquisition, use
2r disposition of publicly held property).
3. Consultation with legal counsel and briefing by staff members,
consultants, or attorneys pertaining to actual or potential
litigation, or other legal matters within the jurisdiction of
the public body. (Legal Matters).
On notion by Councilman Payne, seconded by Councilman Holland, City Council voted
to proceed into the EXECUTIVE SESSION following the INFORR.!AL SESSIO@L.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, George R. Ferrell, Barbara M.
Henley, Clarence A. Holland, Donald tl. Merrick, Meyera E.
Oberndorf, J. Curtis Payne, Roger L. Riggs, Mayor Patrick
L. Standing
Council Members Voting Nay:
@lone
11/05/79
-2-
Council Members Absent:
Vice Mayor J. Henry llccoy, Jr.
*VICE MAYOR MCCOY ENTERED MEETING AT 12:57 p.m.
CONSTRUCTION OF LYNNHAVEN PARKWAY ITEM #14356
AND MALL SITE
The City Manaqer indicated the Lynnhaven Mall is under construction and
anticipates occu.oancy by 1980. Originally, Council required the developer
of Lynnhaven Mall to construct two-lanes of a four-lane divided highway. At
the present time, the City has constructed the existing two-lanes on Lynnhaven
Parkway thru Oceana West Industrial Park, and the developer was required to
construct the remaining two-lanes.
Subsequent to that, the City Manager requested the Traffic Engineer study
traffic projections, not only Lynnhaven Mall, but the additional acreage
adjacent to the tlall zoned commercial as well as the Industrial area
itself. There are approximatelv 15,000 cars a day traveling Lynnhaven
Parkway. With the Lynnhaven Mall it is projected that an estimated 59,000
cars will travel the Parkway.
The City Manager indicated he contacted Melvin Simon, owner and developer
of the Lynnhaven Mall, and indicated to Mr. Simon the City's traffic
projections. Since Mr. Simon is responsible for constructing two-lanes,
the City Manager feels the traffic projection justifies the need for
six-lanes. The City Manager indicated to Mr. Simon that if his Firm would
construct three-lanes now, then the Ci@ly Mananler would recommend to Council
the City construct the third lane on the other side of the Mall.
Mr. Simon reserved enough right-of-way for eight-lanes in the future, and
he has willingly agreed to construct three-lanes now, recognizing if the
Lynnhaven Parkway is not at least three-lanes from the Mall to the Toll
Road it could be detrimental to businesses locating in the Mall.
Mr. Simon further agreed to handle the engineering aspects of the entire
project, and put it out on bid so the City could insure, when he awards
the project to the low bidder, its share for the project could be
segregated.
The City's share is approximately $990,000; and, Plr. Simon's share is
approximately $1.4 tiillion. It was noted the City's share also includes
construction of a bridge.
The City Manager indicated he will be recommending a new bond issue in
January or February of 1980, and requested the City's share of the above
mentioned project be included.
It was noted this is a "top priority" project; however, it will not "bump"
any road project in the Capital Improvements Program.
Mr. C. Oral Lambert, Director of Public Works, spoke on this rnatter.
TRAFFIC LIGHT-WITCHDUCK ROAD AND ITEM #14357
CLEVELAND STREET
Vice Mayor McCoy indicated the traffic light at Witchduck Road and Cleveland
Street may have been premature as the traffic is backed up worse then before
the light was installed.
Vice Mayor McCoy requested the Traffic Engineer study this matter.
11/05/79
-3-
PEMBROKE SPILLWAY ITEM #14358
The City Manager indicated Councilman Baum requested a status report on the
Pembroke Spillway, which was to include the following:
1. What are the City's commitments to residents in
Pembroke area?
2. Why does the City wish to spend money on a dam?
The City Manager indicated hydraulically speaking, it would be better if the
dam was not there. As far as any commitments to the residents are concerned,
tir. Lambert reviewed the deed where the right-of-way was dedicated and the
City can find no commitment louncil made to maintain the lake. The
only thing the City has in the lake is the drainage easements.
The @)pillway, in all practical purposes, is to maintain a high-level lake
so property owners in the Pembroke Manor area have waterfront property. If
the Spillway was allowed to deteriorate, and no maintenance was permitted,
drainage would prove they were living on a "mud flat".
At one time a road was planned to cross the Spillway, and the Spillway was
constructed under the right-of-way.
EFFECTIVENESS OF LEGAL ADVERTISING ITEM #14359
Mayor Standing indicated he has made a recommendation that all legal
advertisements be placed in the Virginian-Pilot. The City Clerk's
advertising expenditures to the Virginia Beach SUN for one year are
$6,200. The Planning Department advertising expenditures in the
SUN for one year are $7,493. Based on a total advertising budget of
$13,693, the following increases would be realized if legal advertising
were placed in the Norfolk newspapers.
Yearly end Increase
Placing all ads in the Ledger Star $ 2,464.74
Placing all ads in the Virginian-Pilot $ 4,655.62
Placing all ads in both the Virginian-
Pilot and Ledger Star $20,813.36
One other statistic which is important in making an evaluation is the Virginia
Beach circulation statistics of these newspapers. The breakdown is as follows:
Virginia Beach Sun News 15,000
Ledger Star 28,953
Virginian-Pilot 41,144
Virginian-Pilot/Ledger Star 61,716
Sunday Virginian-Pilot/Ledger Star 64,525
The following is a comparison of legal advertising costs in the Virginia Beach
Sun to those in the Virginian-Pilot and Ledger-Star. Two factors must be
remembered which contribute to the difficulty of developing exact costs:
1. The difference in the size of the print used by
each newspaper; and,
11/05/79
-4-
2. The different rate structures used; the Sun uses
column inches and the Virginian-Pilot/Ledger Star
use per line pricing.
The cost and estimated cost of the advertisement were as follows:
Virginian Beach Sun $131.04
Ledger-Star $154.00
Virginian-Pilot $176.00
Sunday Virginian-Pilot/Ledger Star $262.00
This translates into the following percentages of increase:
% Increase over Sun
Advertising
Tvio times in Ledger-Star 18%
Two times in Virginian-Pilot 34//
Mayor Standing requested Council to review the above information, and requested
the City Manager to place this matter on the Council docket for November 19, 1979,
in the INFORMAL SESSION.
PROPOSAL FOR INFORMAL SESSIONS TO ITEM #14360
BE HELD ON FIRST MONDAY OF EACH
MONTH
Mayor Standing requested Council to seriously consider using the first Monday
of each month as a meeting that would be set aside for administrative briefings
and discussions of important matters, such as:
Comprehensive Plan Budget
Specific studies Parking problems
Rudee Inlet Bond Issues
Water and sewer rates Capital Improvement Projects
It was the concensus of Council to hold the first INFORMAL BRIEFING the first
Monday in Jaunary, 1980 (January 7, 1980).
11/05/79
- 5-
APPROPRIATION TO THE TIDEWATER ITEM #14361
VIRGINIA DEVELOPMENT COUNCIL
The City Manager indicated the appropriation to the Tidewater Virginia Develop-
ment Council was on the FORMAL AGENDA; however, discussion in the INFORMAL
SESSION had been requested by Mayor Standing.
As Council is aware, officials of the Tidewater Virginia Development Council
(TVDC) are reviewing and restructuring the Council's organization, bylaws,
and purpose. TVDC is attempting to present a more regional approach in
promoting the Tidewater area to potential industrial and business clients.
In addition, since most jurisdictions have an Economic Development Department,
TVDC is eliminating its direct local participation with potential industrial
clients.
In its reorganization process, TVDC has developed a funding allocation
formula for regional participation based on the localities' population
and total land area. Based on this allocation, TVDC is requesting a
financial contribution from Virginia Beach of $20,000 to its FY 1980
operating budget. Since City Council has appropriated $5,000 to TVDC
in this fiscal year, the additional funding needed is $15,000. This
additional funding is not allocated to a particular program but will
support administrative, advertising, and promotional costs to the TVDC
budget.
TVDC as reorganized, will be able to provide a vital service with tremendous
economic potential to our community.
If Council conCLirs and approves the appropriation, it should be done so with
the following stipulations:
1. The reorganization MUST occur;
2. TVDC will be a promotional agency for industrial
development for the entire Hampton Roads area; and,
3. Should consider a name change in order to emphasize
its new role in industrial development for the
region.
ENCOURAGEMENT OF CHURCHES NEAR THE ITEM #14362
OCEANFRONT TO OPEN THEIR PARKING
LOTS TO THE PUBLIC
Mayor Standing indicated Council has discussed the parking problems in the
resort area mahy times, and the City should take positive action to encourage
those churches that are in close proximity to the beach to open their lots for
parking.
Some churches may already be doing this and others may be concerned that to
open their lots, particularly on a fee basis, may jeopardize their tax-free
status.
Mayor Standing requested the City Attorney to provide Council with an opinion
as to how the City could best encourage the churches to help alleviate the
parking problems.
11/05/79
6-
PROPOSED ORDINANCE RELATING TO AN ITEM #14363@
ANNUAL LICENSE TAX ON AUTOMOBILES
NOT DISPLAYING CURRENT LICENSE
PLATES
The City Manager indicated the proposed Ordinance relating to an annual license
tax on automobiles not displaying current license plates would impose an annual
license tax of fifty dollars ($50) per automobile on owners of automobiles lo-
cated in the City which do not display current license plates and which are not
exempt under some other section of the Code. This tax would be due and payable
on the first day of February of each year beginning in 1980 and will not be con-
sidered in default if paid on or before the first day of the year in which it is
due.
Exempt from the proposed Ordinance are:
1. Vehicles which are stored on private property for a
period not in excess of sixty (60) days for the
purpose of removing parts for the repair of another
vehicle;
2. Vehicles being held or stored at the direction of any
governmental authority;
3. Vehicles owned by a member of the armed forces on active
duty; and,
4. Vehicles regularly stored within an enclosed structure.
This matter will be placed on the INFORtlAL AGENDA for November 19, 1979
WATER AND SEWER BO@ID ORDINANCES ITEM #14364
CAPITAL PROJECT STATUS REPORT
The City Manager indicated that as Council was aware he gave a status report
of the projects in the Bond Brochure. Councilman Ervin requested the City
Manager to follow the Ordinances of the $9.1 Million and the $39.9 Million
Bond Issues.
On those two Ordinances was a list of projects and the original estimated cost,
and prior appropriations, etc.
The City Manager indicated there are four (4) projects on the attached list
that were not on the original listing of projects:
Croatan (75% type lines) Princess Anne Road (51% type lines)
Doyletown 75% type lines) Chesapeake Beach (51% type lines)
HISTORY IN VIRGINIA BEACH ITEM #14365
The City Manager indicated the City is proud of its fall advertisement relating
to tourism. The advertisement indicates several areas in Virginia Beach which
are historical. The advertisement will appear in VIRGItlIA SCENIC IIISTORYLAND 1980.
The City Manager further indicated that the Frances Land House (Rose Hall) is
officially opened, and Brill Antiques is the tenent.
The bid has been placed on the FORMAL AGENDA of this day's meeting (November 5,
1979)
11/05/79
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EXHIBIT B
1 3 -
',,Bezch lm'D"B(Dm, e m- the
.1
If you thought Virginia Beach was just Old Cape lienry Lighthouse. You can watch
28 miles of beaches, great fishing, tennis.and centulies-old home crafts perf0tined at Lyn-
golf, fine restaurants, iliglitspots alidaccom- haven HoLise. Ajid of course yolican sivim
modations, think again. and sail and surf off sun-drenched beaches
Virginia Beach is history, too. that ivere around N1/2,hen the dinosaurs were.
You can visit the Adam ThoroLighgood For information on acconiinodatiolis
House, oldest brick honie in Anierica, or the and a fi-ee odlor brodiure, wtite Virgi@a Be@idi
cross that marks the spot @vhere the first per- Chamber of Conimerce, Virginia Beach,Vir-
manent settlers tf)uched the shoi es of the ginia 23458, orcill 1-800-582-SOC,4 toll-free.
Ne%, World in 1607. YOLI ciii exploi-e the 18th Then corne see the sights at Virginia
century Fraiicis l,and liouse, iiid view the Be-,ich. Befoi-e thev get any older.
Virg'm'a ]Beach. Make it a memory.
Thi. dv.@ti .... nt ill pp..r i. Virgini. S@--i@ Hi.t.@yl..d 1980.
(VBT-2343)
11/05/ 79
4-
FORtIAL SESSION
ITEM #14366
Monday, November 5, 1979
2:20 p.m.
Council Members Present:
John A. Baum, F. Reid Ervin, George R. Ferrell, Barbara M.
Henley, Clarence A. Holland, Vice Mayor J. Henry McCoy,
Jr., Donald W. Merrick, Meyera E. Oberndorf, J. Curtis
Payne, Roger L. Riggs, and Mayor Patrick L. Standing
Council Members Absent:
none
INVOCATION was given by the Reverend J. S. Hangen, Messiah Lutheran Church.
PLEDGE OF ALLEGIANCE
(ITEM II-D.1) ITEM #14367
On motion by Councilwoman Henley, seconded by Councilman Baum, City Council voted
to APPROVE the minutes of the regular meeting of October 22, 1979.
Voting-. 11-0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, George R. Ferrell, Barbara M.
Henley, Clarence A. Holland, Vice Mayor J. Henry McCoy,
Jr., Donald W. Merrick, Meyera E. Oberndorf, J. Curtis
Payne, Roger L. Riggs, and Mayor Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
None
11/05/79
1 5-
(ITEM II-D.2) ITEM #14368 ROSE HALL BID
Mayor Standing indicated he had one (1) bid in the name of the partnership of
Frederick J. Napolitano, Richard E. Olivieri, Donald P. Dreelin, and Robert K.
Andrews for the Rose Hall Apartment Project.
Mr. Robert K. Andrews appeared before Council regarding this matter. Mi-. Andrews
thanked the Council for permitting them to bid the project.
Mr. Andrews further indicated the following professional firms have been engaged
for the development of the project:
Architect - Melvin M. Spence and Associates
Land Planning - Edward G. Carson and Associates, Inc.
Engineer - Marsh and Basgier
tlr. Andrews indicated the developer submitted its bid to purchase the property upon
the terms stated, at the purchase price of $306,000 and to develop the property in
the manner described in the Bid Proposal.
Mr. Edward G. Carson appeared regarding this matter and indicated Rose Hall
Apartments, situated on 12.8 acres, will consist of 150 units made up of one
(1), two (2), and three (3) bedroom apartments grouped in twenty-eight (28)
buildings. The architectural theme is authentically"colonial"embodying the
most popular elements of 17th and 18th century design. This theme is further
enhanced by grouping buildings in a cluster to form small private courtyards.
Many features of the Francis Land House have been incorporated into the design.
The physical configuration of the buildings is. varied by providing townhouses,
garden, and single story structures. In addition to the apartment buildings, a
community building and business office are combined in one storv building near
the property entrance. An attractive maintenance building is located on a rear
corner of the site well screened from residential areas.
Every effort has been made to retain existing decidious trees effectively creating
green areas. These green areas are complimented by footpaths, observation plat-
forms, gazebos, and benches to create passive recreation areas which are inviting
and restful.
The residential areas are shielded from adjacent commercial activity by a gently
sloped drainage canal, the retention of existing trees supplemented by planting,
fencing, and by situating parking areas on the outer perimeters of the site.
All of the recreation areas, public facilities, and a number of the residential
units have been designed barrier-free to accommodate the disabled or handicapped.
Mr. Melvin M. Spence appeared regarding this matter and indicated he has prepared
preliminary drawings for this project which he believes will complement and enhance
the Francis Land House. The design consists of five (5) different buildings, all
of which are in the traditional 18th Century Colonial architectural style. By
combining the various types of buildings in different arrangements and using
different exterior finishes and roof styles, the different traditional colors
and a variety of exterior details, they can in effect, make each unit a different
appearance to create the charm of an Eighteenth Century Community.
The City Manager indicated if it meets with Council's approval the Staff would
like to review the documents submitted by the low bidder, and place this matter
on the Council Agenda for November 19, 1979, under the FORMAL AGENDA.
It was noted that the low bidder presented Council with a $35,000 Cashiers
Check Good Faith Deposit.
11/05/79
- 1 6-
(ITEM II-G.1) ITEM #14369 CONSENT AGENDA
ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED TO BE ROUTINE BY.THE
CITY COUNCIL AND IIILL BE ENACTED UPON BY ONE MOTION IN THE FORM LISTED:
On motion by Vice flayor McCoy, seconded by Councilwoman Oberndorf, City Council
voted to DEFER FOR TWO WEEKS the following Ordinance to amend and reordain
Chapter 35, Article II, of the Code of the City of Virginia Beach relating to
Freestanding Mobile Homes by repealing Section 35-4 and amending Sectibn 35-5
relating to enforcement:
Voting: 11-0
Council Members Voting Aye: (for deferral)
John A. Baum, F. Reid Ervin, George R. Ferrell, Barbara M.
Henley, Clarence A. Holland, Vice Mayor J. Henry ticcoy, Jr.,
Donald W. Merrick, Meyera E. Oberndorf, J. Curtis Payne,
Roger L. Riggs, and Mayor Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
None
11/05/79
1 7-
Requested by: City Manager
AN ORDINANCE TO AMEND AND REORDAIN
CHAPTER 35, ARTICLE 11 OF THE CODE
OF THE CITY OF VIRGINIA BEACH
RELATING TO FREESTANDING MOBILE
HOMES BY REPEALING SLCTION 35-4
AND AVENDING SECTION 35-5 RELA-IING
TO ENFORCE@,IENT.
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA:
ARTICLE II. FREESTANDING MOBILE HOMES
Sec. 35-2. Pernlit - Required
It shall b-- unlawful for any person to maintain operate, oc@upy or use a
freestanding mobile home unless such person shall have obtained a permit tlierefor.
Sec. 35-3. Same - Temporary use
A permit for a temporary freestanding mobile home, to b-. used exclusively
for office quarters while the construction of tii(, principal b@iilding is L@eirig
planned and completed and as temporary office quarters for firms eligaged in
hig,@iway cons+lruction, b,,iilding construction and trucking ope-rations iiiay be
issued by the zoning officer for a period not to exceed one calendar year;
provided, that all requirements of the city zoning regulations are otherviise
complied viith. @luch permits may be renewed for additional twelve montli pcriods.
Sec. 35-4 ame - in a
REPEALED
Sec. 35-5. Enforcement of article.
This article shall be enforced by the director of permits and inspections
or his designee.
DEFERRED FOR THIRTY (30) DAYS Otl October 1, 1979
DEFERRED FOR TWO WEEKS ON NOVEMBER 5, 1979 (BE HEARD NOVEMBER 19, 1979)
Adopted by the Council of the City of Virginia Beach on
JDB:er
9-20-79
' IC,!@ AT i.
CITY ATTOI@,@lrY
-18-
ITEM II-G.2 ITEM #14370
On motion by Vice Mayor McCoy, seconded by Councilwoman Oberndorf, CitY
Council voted to APPROVE the following Ordinance appointing Viewers in
the matter of closing, vacating and discontinuing a portion of that
certain land or street known as Birdneck Circle, as shown on that certain
plat entitled -Survey of property of Ernest L. Matthews, Jr." dated
September 10, 1979, which survey is attached hereto:
Voting: 11-0
Council members Voting Aye:
John A. Baum, F. Reid Ervin, George R. Ferrell,
Barbara M. Henley, Clarence A. Holland, M.D., Vice
Mayor J. Henry McCoy, Jr., D.D.S., Donald W.
Merrick, Meyera E. Oberndorf, J. Curtis Payne,
Roger L. Riggs, and Mayor Patrick L. Standing
Vounvil Members Voting Nay:
None
Council Members Absent:
None
1 9-
IN THE MATTER OF CLOSING, VACATING AND
DISCONTINUING A PORTION OF THAT CERTAIN
LANE OR STREET, KNOWN AS BIRDNECK CIRCLE,
AS SHOWN UPON THAT CERTAIN PLAT ENTITLED,
"SURVEY OF PROPERTY OF ERNEST L. MATTHEWS,
JR." DATED SEPTEMBER 10, 1979, WHICH SURVEY
IS ATTACHED HERETO.
P E T I T I 0 N
TO: THE MAYOR AND THE MEMBERS OF THE COUNCIL
OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Your petitioner, Ernest L. Matthews, Jr., respectfully
represents as follows:
1. That pursuant to the provisions of Section 15.1-364 of the
1950 Code of Virginia, as amended, the petitioner applies for the
vacating, closing, and discontinuance of a portion of that certain
street, whi ch is more speci f ical ly desc ri bed as f ol lows:
Beginning at a point on the west side of North Birdneck Road
where the west side of North Birdneck Road is intersected by
the boundary between Lot 6, Block 1, Morgan Terrace and the
property of Ernest L. Matthews, Jr., as shown on that certain
plat entitled "Survey of Property of Ernest L. Matthews, Jr.,"
dated September 10, 1979; from said point of beginning North
74@ 45' West, 3.19 feet to a point; thence North 02@ 48' East,
187.29 feet to a point on the south side of Americus Avenue;
thence South 75@ 25' East, 23.54 feet to a point; thence along
a curve to the right a distance of 9.63 feet to a point on the
eastern side of Birdneck Circle; thence South 02@ 48' West,
63.56 feet to a point; thence North 69@ 11' 19" West, 5.37
feet to a point; thence South 200 48' 41" West, 10 feet to the
point; thence South 69' 11' 19" East, 8.63 feet to a point; thence
South 02' 48' West, 9.72 feet to a point on the west side of
North Birdneck Road; thence along a curve to the left being the
western side of North Birdneck Road, and the length of which curve
is 96.49 feet to the point of beginning, all as more fully shown
and described as Parcel "B" on the aforesaid plat.
Said parcel of land being a portion of Birdneck Circle, as
indicated on that certain plat entitled, "Survey of Property of
Ernest L. Matthews, Jr., dated September 10, 1979, which survey is
attached hereto and made a part hereof and intended to be recorded
with the Ordinance closing the aforedescribed street.
2. That no inconvenience will result to any persons by reason
of said closing, vacation and discontinuance of said street;
and the petitioners pray that this Honorable Council appoint Viewers
as provided by law to view said platted street proposed to be closed
and to report in writing to the Council on or before the day
of 1979, as to whether in the opinion of said Viewers,
- 20-
what inconvenience, if any, would result from the discontinuance and
closing of this portion of said street, as herein reported and
described.
3. That on the Seventeenth day of October, 1979, Notice of
the presenting of this Application was posted at the Courthouse of
the Ci rcuit Court of Virgi ni a Beach, Virgi ni a , on the premises to be
closed, and at the City Hall Annex, 19th Street and Arctic Avenue,
Virginia Beach, Virginia, as evidenced by the Affidavit attached
hereto, and a copy of said Notice.
4. That the Petitioner is fee simple owner of all land along
and adjacent to and affected by said portion of the platted street
to be closed and consequently, your Petitioner is the only landowner
affected by the same, except that the Commonwealth of Virginia is
owner of the land to the east of the street to be closed.
Respectfully submitted,
ERNEST L. MATTHEWS, JR.
By /s/ Thomas M. Ammons, III
Of Counsel
Thomas M. Ammons, III
968 South Oriole Drive
Suite 203
Virginia Beach, Virginia 23451
- 21 -
ORDINANCE APPOINTING VIEWERS
WHEREAS, Ernest L. Matthews, Jr., has given due and proper
notice, in accordance with the Statutes for such cases made and
provided that he will on the Twenty-Ninth day of October, 1979,
apply to the City Council of the City of Virginia Beach, Virginia,
for the appointment of Viewers to view the below-described property
and report in writing to the Council whether, in the opinion of said
Viewers, any, and if any, what inconvenience would result from the
discontinuance of the hereinafter described portion of that certain
street known as Birdneck Circle, and has filed such application with
said Council.
NOW, THEREFORE, be it ORDAINED by the Council of the City of
Virginia Beach, Virginia:
THAT C. Oral Lambert
David M. Grochmal I and Robert J. Scott
are hereby appointed to view the below-described property and report
in writing to the Council on or before I 1 9 7 9 ,
whether in their opinion, any, and if any, what inconvenience would
result in the discontinuing and vacating of a portion of that certain
street located in the City of Virginia Beach, Virginia, and more
particularly described as follows:
Beginning at a point on the west side of North Birdneck Road
where the west side of North Birdneck Road is intersected by
the boundary between Lot 6, Block 1, Morgan Terrace and the
property of Ernest L. Matthews, Jr. , as shown on that certain
plat entitled "Survey of Property of Ernest L. Matthews, Jr.
dated September 10, 1979; from said point of beginning North
741 451 West, 3.19 feet to a point; thence North 02* 48' East,
187.29 feet to a point on the south side of Americus Avenue;
thence South 75@ 25' East, 23.54 feet to a point; thence along
a curve to the right a distance of 9.63 feet to a point on the
eastern side of Birdneck Circle; thence South 02@ 48' West,
63.56 feet to a point; thence North 69@ 11' 19" West, 5.37
feet to a point; thence South 20' 481 41" West, 10 feet to the
point; thence South 69@ 11' 19" East, 8.63 feet to a point; thence
South 02@ 481 West, 9.72 feet to a point on the west side of
North Birdneck Road; thence along a curve to the left being the
western side of North Birdneck Road, and the length of which curve
is 96.49 feet to the point of beginning, all as more fully shown
and described as Parcel "B" on the aforesaid plat.
All the above as shown upon that certain plat entitled, "Survey
of Property of Ernest L. Matthews, Jr." dated September 10, 1979.
2 2-
(ITEM II-G.3) ITEM #14371
AN ORDINANCE TO AMEND AND REORDAIN
SECTIONS 23-7, 23-9, 23-20, 23-21,23-22,
23-24.1, 23-27, 23-29, 23-34, 23-38, 23-54
and 23-57 OF THE CODE OF VIRGINIA BEACII,
VIRGINIA RELATING TO OFFEIISES-MISCELLANEOUS.
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGI@IIA:
That Sections 23-7, 23-9, 23-20, 23-21, 23-22,
23-24.1, 23-27, 23-29, 23-34, 23-38, 23-54 and 23-57 of the Code
of Virginia Beach, Virginia, are hereby amended and reordained as
follows:
Section 23-7. Cal1ing or -fighting
..p
p wlummoning ambulance or fire
a@at". thout 3ust c us-, malici sly
activating fire alarms in public buildings.
Any person who without just cause therefor calls or
summons, by telephone or otherwise, any ambulance, or fire
fighting apparatus, or any person who maliciously activates a
manual or automatic fire alarm in any building used for public
assembly or for other public use including, but not limited to
schools, theaters, stores, office buildings, shopping centers,
and malls, colliseums and arenas, regardless of whether fire
apparatus responds or not, shall be guilty of a Class I
misdemeanor.
Section 23-9. Assault and battery.
Any person who shall unlawfully, but not feloniously,
assault or commit battery upon another person shall be guilty of
11/05/79
2 3 -
a Class I misdemeanor.
Section 23-20. Profane swea ri n, and drunkeness; transportation
of public ineb r,.ts to detoxitication center.
If.any person profanely curse or swear or be drunk in
public, he shall be deemed guilty of a Class IV misdemeanor. In
any area in which there is located a court-approved
detoxification center, the judge of the general district court
may, by written order, authorize transportation, by police or
otherwise, of public inebriates to such detoxification center;
provided, however, that no person shall be involuntarily detained
in such center.
Section 23-21. Defrauding hotels, motels, campgrounds, boarding
houses, etc.
It shall be unlawful for any person to put up at a
motel, motel, campground or boarding house or to obtain food from
a restaurant or other eating house, and without having an express
agreement for credit, to procure food, entertainment or
accommodation without paying therefor and with intent to cheat or
defraud the owner or keeper of such hotel, motel, campground,
boarding house, restaurant or other eating house out of the pay
for the same; or, with intent to cheat or defraud such owner or
keeper out of the pay therefor to obtain credit at a hotel,
motel, campground, boarding house, restaurant or other eating
house for such food, entertainment or accomodation by means of
any false show of baggage or effects brought thereto: or with
such intent to obtain credit at hotel, motel, campground,
boardinghouse, restaurant or other eating house for such food,
entertainment or accommodation through any misrepresentation or
false statement; or with such intent to remove or cause to be
removed any baggage or effects from a hotel, motel, campground,
boardinghouse, restaurant or other eating house while there is a
lien existing thereon for the proper charges due from him for
fare and board
-2-
11/05/79
2 4-
furnished therein.
Any person who violates any provision of this section
shall, if the value of service, credit or benofit procured or
obtained is one hundred dollars or more, be guilty of a Class 5
felony; or if value be less than one hundred dollars he shall be
guilty of a class I misdemeanor.
Section 23-22. Gambling-Prohibited.
Any person who shall make, place, or receive any bet or
wager in this city of money or other thing of value made in
exchange for a chance to win a prize, stake or other
consideration or thing of value, dependent upon the result of any
game, contest or any other event the outcome of which is
uncertain or a matter of chance, shall be guilty of a Class III
misdemeanor. If an association or pool of persons illegally
gamble, each person therein shall be guilty of illeqal gambling.
Section 23-24.1. "Going out of business" sales - Permits -
Generally
It shall be unlawful for any person to advertise or
conduct a sale for the purpose of discontinuing a retail
business, or to modify the "Sale" in ahy advertisement with the
words "going out of business" or any other words which tend to
insinuate that the retail business is to be discontinued and the
merchandise liquidated unless such person obtains a permit to
conduct such sale from the consumer protection office of the
City. A violation of the provisions of this section shall be
punishable as a Class I misdemeanor.
Section 23-27. Injuring, etc., property - generally.
If any person, unlawfully, but not felonuously take or
carry away, or destroy, deface or injure any property, real or
-3-
11/05/79
2 5-
personal, not his own he shall be guilty of a Class I
misdemeanor.
Section 23-29. Lewd and lascivious cohabitation.
If any persons, not married t6 each other, lewdly and
lasciviously associate and cohabit together, or whether married
or not, be guilty of open and gross lewdness and lasciviousness,
each shall be guilty of a Class III misdemeanor, and upon
repetition of the offense and conviction thereof each of them
shall be guilty of a Class I misdemeanor.
Section 23-34. Obscenity, etc. - Nudity; indecent exposure;
indecent or lewd behavior.
Every person who intentionally makes an obscene display
or exposure of his person, or the private parts thereof, in any
public place, or in any place where others are present, or
procures another to so expose himself, shall be guilty of a Class
I misdemeanor.
Section 23-38. Same - Impersonating an officer.
Any person who shall falsely assume or excercise the
functions, powers, duties and privileges incident to the office
of sheriff, police officer, marshal or other peace officer, or
who shall falsely assume or pretend to be any such officer, shall
be guilty of a Class I misdemeanor.
-4-
11/05/79
Section 23-54. Same - Peeping or spying into structure occupied
as dwelling.
If any person shall enter upon the property of another,
in the nighttime, and secretly or furtively peep through or
attempt to so peep, into, through, or spy through, a window, door
or other aperture of any building, structure, or other enclosure
of any nature occupied or intended for occupancy as a dwelling,
whether or not such building, structure or enclosure be
permanently situated or transportable and whether or not such
occupancy be permanent or temporary, such person shall be guilty
of a Class I misdemeanor.
Section 23-57. Vehicles, aircraft and boats Breaking,
injuring, defacing, etc.
Any person who shall individually or in association
with one or more others willfully break, injure, tamper with or
remove any part of any vehicle, aircraft, boat or vessel for the
purpose of injuring, defacing or 'destroying such vehicle,
aircraft, boat or vessel, or temporarily or permanently
preventing its useful operation, or for any purpose against the
will or without the consent of the owner of such vehicle,
aircraft, boat or vessel, or who shall in any other manner
willfully or maliciously interfer with or prevent the running or
operation of such vehicle, aircraft, boat or vessel, shall be
guilty of a Class I misdemeanor.
Adopted by the Council of the City of Virginia Beach,
Virginia on the 5 of N0¥embe~ , 1979
MES/kg/vp
10/03/79
10/08/79
-5-
x..7
CITY AiTORNE'f
11/05/79
- 2 7-
On motion by Vice Mayor McCoy, seconded by Councilwoman Oberndorf, City Council
voted to APPROVE the above Ordinance to amend and reordain Sections 23-7, 23-9,
23-20, 23-21, 23-22, 23-24.1, 23-27, 23-29, 23-34, 23-38, 23-54, and 23-57 of
the Code of the City of Virginia Beach, Virginia, relating to Offenses-Miscellaneous.
Voting: 11-0
Council Members Voting Aye:
John A. Saum, F. Reid Ervin, George R. Ferrell, Barbara M.
Henley, Clarence A. Holland, Vice Mayor J. Henry tlccoy, Jr.,
Donald W. Merrick, Meyera E. Oberndorf, J. Curtis Payne,
Roger L. Riggs, and Mayor Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
None
11/05/79
28-
(ITEM II-G.4) ITEM #14372
AN ORDINANCE TO AMEND AND REORDAIN
SECTIONS 22-2, 22-16, 22-42 22-45,
22-52, 22-57, 22-84.01, 22-84.2, 22-90,
22-107, 22-108, 22-113, 22-131, 22-208,
22-230 AND 22-260 OF THE CODE OF THE
CITY OF VIRGINIA BEACH, VIRGINIA
RELATING TO MOTOR VEHICLES.
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That Sections 22-2, 22-16, 22-42, 22-45, 22-52, 22-57,
22-84.01, 22-84.2, 22-90, 22-107, 22-108, 22-113, 22-131, 22-208,
22-230 and 22-260 of the Code of the City of Virginia Beach,
Virginia, are hereby amended and reordained as follows:
Section 22-2. Definitions.
The following words and phrases, when used in this
chapter, shall, for the purpose of this chapter, have the
meanings respectively ascribed to them in this section, except in
those instances where the context clearly indicates a different
meaning.
Antique motor vehicle. Every motor vehicle, as herein
defined, which was actually manufactured or designated by the
manufacturer as a model manufactured in a calendar year not less
than twenty-five years prior to January one of each calendar
year, and is owned solely as a collectors item and is used for
participation 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.
11/05/ 79
2 9-
Bicycle. Bicycle shall include pedal bicycles with
helper motors rated less than one brake horsepower, which produce
only ordinary pedalling speeds up to a maximum of twenty miles
per hour, provided such bicycles so equipped shall not be
operated upon any highway or public vehicular area of this city
by any person under the age of sixteen years.
Business @d!ittrict. The territory contiguous to a
highway where seventy-five per centu)n or more of the property
contiguous to a highway, on either side of the highway, for a
distance of three hundred feet or more along the highway, is
occupied by land and buildings actually in use and operation for
business purposes.
Chauffeur. Every person employed for the principal
purpose of operating a motor vehicle and every person who drives
a motor vehicle while in use as a public or common carrier of
persons or property.
Commission. The state corporation commission.
Commissioner. The commissioner of the division of
motor vehicles of this state.
Dealer. Every person engaged in the business of
buying, selling or exchanging motor vehicles, trailers and
semi-trailers in this city and who has an established place of
business for such purpose in this city at which place of business
the books and records of such dealer are kept and at which a
substantial part of the business of such dealer is conducted.
Division. The division of motor vehicles of this
state.
Essential parts. All integral parts and body parts,
the removal, alteration or substitution of which will tend to
conceal the identity of a vehicle.
Farm tractor. Every motor vehicle designed and used as
a farm, agricultural or horticultural implement for drawing
-2-
11/05/79
30 -
plows, mowing machines and other farrn, agricultural or
horticultural machi,nery and irnplements, including self-propelled
rnowers designed and used for mowing lawns.
Highway. The entire width between the boundary lines
of every way or place of whatever nature open to the use of the
public for purposes of vehicular travel in this city, including
the streets, alleys and publicly maintained parking lots in the
city and for law-enforcement purposes, the entire width between
the boundary lines of all private roads or private streets which
have been specifically designated "highways" by an ordinance.
Intersection. (a) The area embraced within the
prolongation or connection of the lateral curblines, or, if none,
then the lateral boundary lines of the roadways of two highways
which join one another at, or approximately at, right angles, or
the area within which vehicles travelling upon different highways
joining at any other angle may come in conflict.
(b) Where a highway includes two roadways thirty feet
or more apart, then every crossing of each roadway of such
divided highway by an intersecting highway shall be regarded as a
separate intersection. In the event such intersecting highway
also includes two roadways thirty feet or more apart, then every
crossing of two roadways of such highways shall be regarded as a
separate intersection.
Metal tires. All tires the surface of which in contact
with the highway is wholly or partly of metal or other hard,
nonresilient material.
Motorcycle. Every motor vehicle designed to travel on
not more than three wheels in contact with the ground and any
four-wheeled vehicle weighing less than five hundred pounds and
equipped with an engine of less than six horsepower, except any
-3-
11/05/79
3 1 -
such vehicle as may be included within the term "farm trardtor" as
defined in this section.
Motor vehicle. Every vehicle as defined in this
section which is self-propelled or designed for self-propulsion.
Any structure designed, used or maintained primarily to
be loaded on or affixed to a motor vehicle to provide a mobile
dwelling, sleeping place, office or commercial space, shall be
considered a part of a motor vehicle.
For the purpose of this chapter, any device herein
defined as a bicycle shall be deemed not to be a motor vehicle.
Nonresident. Every person who is not domiciled in this
state, except:
(a) Any foreign corporation which is authorized to do
business in this state by the state corporation commission shall
be deemed a resident of this state for the purpose of this
chapter; provided, however, that in the case of corporations
incorporated in this state but doing business without the state,
only such principal place of business or branches located within
this state shall be dealt with as residents of this state.
(b) A person who becomes engaged in a gainful
occupation in this state for a period exceeding sixty days shall
be deemed a resident for the purposes of this chapter.
(c) A person who has actually resided in this state for
a period of six months, whether employed or not, or who has
registered a motor vehicle, lising an address within this state
in the application for registration, shall be deemed a resident
for the purposes of this chapter.
Operator. Every person who drives or is in actual
physical control of a motor vehicle upon a highway or who is
exercising control over or steering a vehicle being towed by a
motor vehicle.
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Owner. A person who holds the legal title of a vehicle
or, in the event a vehicle is the subject of an agreement for the
conditional sale or lease thereof with the right of purchase upon
performance of the conditions stated in the agreement and with an
immediate right of possession vested in the conditional vendee or
lessee or in the event a mortgagor of a vehicle is entitled to
possession, then such conditional vendee or lessee or mortgagor
shall be deemed the owher for the purpose of this chapter, except
that in all such instances when the rent paid by the lessee
includes charges for services of any nature or when the lease
does not provide that title shall pass to the lessee upon payment
of the rent stipulated, the lessor shall be regarded as the owner
of such vehicle and the vehicle shall be subject to such
requirements of this chapter as are applicable to vehicles
operated for compensation; provided, however, that a "truck
lessor" as defined in Code of Virginia, section 46.1-1,
subsection (36) shall be regarded as the owner, and his vheicles
shall be subject to such requirements of this chapter as are
applicable to vehicles of private carriers.
Peace or police officer. Every officer authorized to
direct or regulate traffic or to make arrests for violations of
traffic regulations.
Pneumatic tires. All tires inflated with compressed
air.
Private road or driveway. Every way in private
ownership and used for vehicular travel by the owner and those
having express or implied permission from the owner, but not by
other persons.
Reconstructed vehicle. Every vehicle of a type
required to be registered hereunder materially altered from its
original construction by the removal, addition or substitution
of essential parts new or used.
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Rescue vehicle. The term "rescue vehicle" is defined
as any vehicle designed or utilized for the principal purposes of
supplying resuscitation or other emergency relief where human
life is endangered.
Residence district. The territory contiguous to a
highway, not comprising a business district, where seventy-five
per centum or more of the property contiguous to such highway, on
either side of the highway, for a distance of three hundred feet
or more along the highway is occupied by dwellings and land
improved for dwelling purposes, or by dwellings, land improved
for dwelling purposes, and land or buildings in use for business
purposes.
Road tractor. Every motor vehicle designed and used
for drawing other vehicles and not so constructed as to carry any
load thereon independently or any part of the weight of a vehicle
or load so drawn.
Roadway. That portion of a highway improved, designed
or ordinarily used for vehicular travel, exclusive of the
shoulder. A highway may include two or more roadways if divided
by a physical barrier or barriers or unpaved areas.
Safety zone. The area or space officially set apart
within a roadway for the exclusive use of pedestrians and which
is protected or is so marked or indicated by adequate signs as to
be plainly visible at all times while set apart as a safety
zone.
School bus. Any motor vehicle, except commercial bus,
station wagon, automobile or truck, which is designed and used
primarily for the transportation of T)upils to and from public,
private or parochial schools, which is painted yellow with the
words "School Bus" in black letters of specified size on front
and rear, and which is equipped with warning devices as
prescribed in Code of Virginia, section 46.1-287. School buses
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manufactured prior to July one, nineteen hundred seventy-four,
may continue to have the words "Stop, State Law" in black letters
of specified size on the front and rear.
Semitrailer. Every vehicle of the trailer type so
designed and used in conjunction with a motor vehicle that some
part of its own weight and that of its own load rests upon or is
carried by another vehicle.
Shoulder. That part of a highway between the por@ion
regularly travelled by vehicular traffic and the lateral curb
line or ditch.
Solid rubber tires. Every tire made of rubber other
than a pneumatic tire.
Specially constructed vehicles. Any vehicle which
shall not have been originally constructed under a distinctive
name, make, model or type by a generally recognized manufacturer
of vehicles and not a reconstructed vehicle as defined in this
section.
Superintendent. The superintendent of the department
of state police of this state.
Tractor truck. Every motor vehicle designed and used
primarily for drawing other vehicles and not so constructed as to
carry a load other than a part of the load and weight of the
vehicle attached thereto.
Traffic lane or lane. That portion of a roadway
designed or designated to accommodate the forward movement of a
single line of vehicles.
Trailer. Every vehicle without motive power designed
for carrying property or passengers wholly on its own structure
and for being drawn by a motor vehicle.
Vehicle. Every device in, upon or by which any person
or property is or may be transported or drawn upon a highway,
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except devices moved by human power or used exclusively upon
stationary rails or tracks.
Section 22-16. Records required of persons renting motor
vehicles without drivers; inspections; insurance.
(a) Every person engaged in the business of renting
motor vehicles without drivers who shall rent any such vehicle
without a driver, otherwise than as a part of a bona fide
transaction involving the sale of such motor vehicle, shall
maintain a record of the identity of the person to whom the
vehicle is rented and the exact time the vehicle is the subject
of such rental or in possession of the person renting and having
the use of the vehicle. Every such record shall be a public
record and open to inspection by any persoh damaged as to his
person or property by the operation of the vehicle or by any
member of the police department in the discharge of his duty.
Any person who has been damaged as to his person or property may
require a production of such written record upon application in
person or by his duly authorized agent or attorney. Whenever any
motor vehicle shall be rented for a period in excess of thirty
days, the owner or agent shall furnish the commissioner with a
record of the name and address of the person to whom such vehicle
is rented and the date on which such rental is to terminate. A
like record shall be furnished to the commissioner on each
renewal of any such rental.
(b) It shall be unlawful for any such person who shall
rent a motor vehicle as provided in this section to fail to make
or have in possession or to refuse an inspection of the record
required in this section.
(c) The owner shall use such forms for the keeping of
the record provided for in this section as shall be prescribed by
the commissioner of the division of motor vehicles of this state
or by the director of public safety.
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(d) 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 section 46.1-167 (2) of the Code of
Virqinia. A violation of this subsection shall constitute a
misdemeanor.
Section 22-42. Drivers to obey signs.
The driver of a motor vehicle, trailer or semitrailer
shall stop, slow down or regulate the speed of such motor
vehicle, trailer or semitrailer in accordance with the
requirements of road signs, signals, markings or lights erected
upon the authority of the state highway commission,
transportation commission, proper agencies of the federal
government or the city manager.
No provision of this section relating to the
prohibition of disobeying road signs or violating local traffic
signals, markings and lights shall be enforced against an alleged
violator if, at the time and place of the alleged violation, any
such sign, signal, marking or light is not in proper position and
sufficiently legible to be seen by an ordinarily observant
person.
The failure of such driver to obey such signs, signals,
markings or lights or to comply with the provisions of this
section shall constitute a traffic infraction.
Section 22-45. Signing and possession of registration cards;
exhibiting of registration card and operator's
etc., licenses; failure to carry license or
registration card.
(a) Every owner of a motor vehicle, trailer or
semitrailer upon receiving a registration card issued by the
division shall write his usual signature with pen and ink in the
space provided for that purpose and such registration card shall
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not be valid in the city unless so signed; provided, however,
the commissioner may, if in his opinion it is equitable, accept a
stamped or facsimile signature of an owner if such owner files
with the commissioner aft acknowledgment that such stamped or
facsimile signature can be relied upon the same as though the
owner had personally signed any such registration card or
application for license; provided, further, that if an affidavit
is filed with the division stating that the owner is either
physically unable to sign his name due to illness or injury, has
disappeared, is a prisoner of war or is missing in action, and no
conservator or trustee has been appointed for such owner, then
the owner's spouse, parent or child, if of legal age, filing the
affidavit may sign the owner's name for him.
(b) The operator or chauffeur of a motor vehicle,
trailer or semitrailer, while such motor vehicle, trailer or
semitrailer is operated upon the highways of the city, shall have
in his possesesion the registration card issued by the division
or the registration card issued by the state or city in which the
motor vehicle, trailer or semitrailer is registered and his
operator's or chauffeur's license or temporary instruction or
driver's permit.
(c) The owner, operator or chauffeur of any motor
vehicle, trailer or semitrailer shall stop upon the signal of any
peace or police officer who shall be in uniform or who shall
show his badge or other sign of authority and shall upon request
exhibit his registration card, operator's or chauffeur's license
or temporary instruction or driver's permit and shall write his
name in the presence of such peace or police officer if so
required for the purpose of establishing his identity.
(d) Every person licensed by the division as an
operator and every person licensed by the division as a chauffeur
or issued a temporary instruction or driver's permit who fails to
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carry his license or permit and the registration card for the
vehicle which he operates shall be guilty of a traffic
infraction and upon conviction punished by a fine of ten dollars;
provided, however, if any person, when summoned to appear before
a court for failure to display his license, permit or
registration card, upon such demand being made of him, shall
present to the officer making such demand, or a magistrate of the
county or city in which the summons was issued, before the return
date of the summons a proper license or permit duly issued to him
prior to the time of such demand or a proper registration card,
as the case may be, or shall appear pursuant to such summons and
produce before the court a proper license or permit duly issued
to him prior to the time of such demand or a proper registration
card, as the case may be, he shall be deemed to have complied
with the provisions of this section.
Section 22-52.1 Repealed.
Section 22-57. Sale, etc., of vehicle without having
certificate of title.
Except as provided in Section 43-34 of the Code of
Virginia, any person who shall sell, trade, exchange or barter a
motor vehicle, trailer or semitrailer in this city without first
having secured a certificate of title therefor or without legally
having in his possession a certificate of title therefor issued
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to the owner thereof, except as otherwise provided in this
chapter, shall be guilty of a traffic infraction and shall be
punished as provided in section 46.1-16.01 of the Code of
Virginia.
Section 22-84.01. Analysis of breath to determine
alcoholic content of blood.
(a) Any person who is suspected of a violation of
section 22-84 shall be entitled, if such equipment be available,
to have his breath analyzed to determine the probabale alcoholic
content of his blood. Such breath may be analyzed by any police
officer of the Commonwealth, 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.
(b) The Department of General Services, Division of
Consolidated Laboratory Services shall determine the proper
method and equipment to be used in analyzing breath salni)l(-,s I-aken
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 Commonwealth, or of any county, city or 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 section
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 section 22-84; provided,
however, that nothing in this section shall be construed as
limiting in any manner the provisions of section 22-84.2.
(d) Whenever the breath sample so taken and analyzed
indicates that there is alcohol present in the blood of the
person from whom the breath was tal,:en, the officer may charge
such person for the violation of section 22-84. Any person so
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charged shall then be subject to the provisions of section
2 2-84. 2.
(e) The results of such breath analysis shall not be
admitted into evidence in any prosecution under section 22-84,
the purpose of this section being to permit a preliminary
analysis of the alcoholic content of the blood of a person
suspected of having violated the provisions of section 22-84.
(f) Police officers or members of any sheriff's
department shall, upon stopping any person suspected of having
violated the provisions of section 22-84, advise such person of
his rights under the provisions of this section.
Section 22-84.2. Use of chemical test to determine alcoholic
content of blood; procedure; quali ications and
liability 3f-person withdrawing blood; costs;
evidence; suspension of license for refusal to
submit to test.
(a) As used in this section "license" means any
operator's, chauffeur's or learner's permit or license
authorizing the operation of a motor vehicle upon the highways.
(b) Any person whether licensed by the state or not,
who operates a motor vehicle upon a public highway in this state
on and after January 1, 1973, shall be deemed thereby, as a
condition of such operation, to have consented to have a sample
of his blood or breath taken for a chemical test to determine the
alcoholic content of his blood, if such person is arrested for a
violation of section 22-84 within two hours of the alleged
offense. Any person so arrested shall elect to have either the
breath or blood sample taken, but not both. It shall not be a
matter of defense that either test is not available.
(c) If a person after being arrested for a violation
of section 22-84 and after having been advised by the arresting
officer that a person who operates a motor vehicle upon a public
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highway in this state shall be deemed thereby, as a condition of
such operation, to have consented to have a sample of his blood
or breath taken for a chemical test to determine the alcoholic
content of his blood, and that the unreasonable refusal to do so
constitutes grounds for the revocation of the privilege of
operating a motor vehicle upon the highways of this state, then
refuses to permit the taking of a sample of his blood or breath
for such tests, the arresting officer shall take the person
arrested before a committing magistrate and if he does again so
refuse after having been further advised by such magistrate of
the law requiring a blood or breath test to be taken and the
penalty for refusal, and so declares again his refusal in writing
upon a form provided by the division of consolidated laboratory
services, (hereinafter referred to as division), or refuses or
fails to so declare in writing and such fact is certified as
prescribed in subsection (j) of this section, then no blood or
breath sample shall be taken even though he may thereafter
request same.
(d) Only a physician, registered professional nurse,
graduate laboratory technician or a technician or nurse
designated by order of a circuit court acting upon tile
recommendation of alicensed physician, using soap and water to
cleanse the part of the body from which the blood is taken and
using instruments sterilized by the accepted steam sterlizer or
some other sterlizer which will not affect the accuracy of the
test, or using chemically clean sterile disposable syringes,
shall withdraw blood for the purpose of determining the alcoholic
content thereof. No civil liability shall attach to any person
authorized to withdraw blood as provided herein as a result of
the act of withdrawing blood from any person submitting thereto,
provided the blood was withdrawn according to recognized medical
procedures; and provided further that the foregoing shall not
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relieve any such person from liability for negligence in the
withdrawing of any blood sample.
(d.1) Portions of the blood sample so withdrawn shall
be.Placed in each of two (2) vials provided by the division which
vials shall be sealed and labeled by the person taking the sample
or at his direction, showing on each the name of the accused, the
name of the person taking the blood sample, and the date and time
the blood sample was taken. The vials shall be placed in (2)
containers provided by the division, which containers shall be
sealed so as not to allow tampering with the contents. The
arresting or accompanying officer shall take possession of the
two (2) containers holding the vials as soon as the vials are
placed in such containers and sealed, and shall transport or mail
one of the vials forthwith to the division. The officer taking
possession of the other container (hereinafter referred to as
second container) shall, immediately after taking possession of
the second container give to the accused a form provided by the
division which shall set forth the procedure to obtain an
independent analysis of the blood in the second container, and a
list of those laboratories and their addresses, approved by the
division; such form shall contain a space for the accused or his
counsel to direct the officer possessing such second container to
forward that container to such approved laboratory for analysis,
if desired. The officer having the second container, after
delivery of the form referred to in the preceding sentence
(unless at that time directed by the accused in writing on such
form to forward the second container to an approved laboratory of
the accused's choice, in which event the officer shall do so)
shall deliver the second container to t'rle clii,--f police officer of
the county, city or town in which the case will be heard, and the
chief police officer who receives the same shall keep it in his
possession for a period of seventy-two (72) hours, during which
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time the accused or his counsel may, in writing, on the form
provided hereinabove, direct the chief police officer having
possession of the second container to mail it to the laboratory
of the accused's choice chosen from the approved list. As used
in this section, the term 'chief police officer" shall mean the
sheriff in any county not having a chief of police, the chief of
police of any county having a chief of police, and the chief of
police of the city or the seregeant or chief of police of the
town in which the charge will be heard.
(d.2) The testing of the contents of the second
container shall be made in the same manner as hereafter set
forth concerning the procedure to be followed by the division,
and all procedures established herein for transmittal, testing
and admission of the result in the trial of the case shall be the
same as for the sample sent to the division.
(d.3) A fee not to exceed fifteen dollars ($15.00)
shall be allowed the approved laboratory for making the analysis
of the second blood sample which fee shall be paid out of the
appropriation for criminal charges. If the person whose blood
sample was withdrawn is subsequently convicted for violation of
section 22-84, the fee charged by the laboratory for testing the
blood sample shall be taxed as part of the costs of the criminal
case and shall be paid into the general fund of the state
treasury.
(d.4) If the chief police officer having possession of
the second container is not directed as herein provided to mail
it within seventy-two (72) hours after receiving the container
then the officer shall destroy such container.
(e) Upon receipt of the blood sample forwarded to the
division for analysis, the division shall cause it to be examined
for alcoholic content and the director of the division or his
designated representative shall execute a certificate which shall
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indicate the me of the accused, the date, time and by whom the
blood sample was received and examined, a statement that the
container seal h'ad not been broken or otherwise tampered with, a
statement that the container was one provided by the division and
a statement of the alcoholic content of the sample. The
certificate attached to the vial from which the blood sample
examined was taken shall be returned to the clerk of the court in
which the charge will be heard. The certificate attached to the
container forwarded on behalf of the accused shall also be
returned to the clerk of the court in which the charge will be
heard, and such certificate shall be admissible in evidence when
attested by the pathologist or by the supervisor of the
laboratory approved by the division.
(f) When any blood sample taken in accordance with the
provisions of this section is forwarded for analysis to the
division, a report of the results of such analysis shall be made
and filed in that office. Upon proper identification of the vial
into which the blood sample was placed, the certificate as
provided for in this section shall, when duly attested by the
director of the division or his designated representative, be
admissible in any court, in any criminal or civil proceeding, as
evidence of the facts therein stated and of the results of such
analysis.
(g) Upon the request of the person whose blood or
breath sample was taken for a chemical test to determine the
alcoholic content of his blood, the results of such test or tests
shall be made available to him.
(h) A fee not exceeding ten dollars ($10.00) shall be
allowed the person withdrawing a blood sample in accordance with
this section, which fee shall be paid out of the appropriation
,for criminal charges. If the person whose blood sample was
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withdrawn is subsequetitly convicted for a violation of section
22-84, or is placed under the purview of a probational,
educational or rehabilitational program as set forth in Section
18.2-271.1, Code of Virginia, the amount charged by the person
withdrawing the sample shall be taxed as part of the costs of the
criminal case and shall be paid into the general fund of the
state treasury.
(i) In any trial for a violation of section 22-84,
this section shall not otherwise limit the introduction of any
relevant evidence bearing upon any question at issue before the
court, and the court shall, regardless of the result of the blood
or breath test or tests, if any, consider such other relevant
evidence of the condition of the accused as shall be admissible
in evidence. The failure of an accused to permit a sample of his
blood or breath to be taken for a chemical test to determine the
alcoholic content of his blood is not evidence and shall not be
subject to comment by the city at the trial of the case; except
in rebuttal; nor shall the fact that a blood or breath test had
been offered the accused be evidence or the subject of comment by
the city, except in rebuttal.
(j) The form referred to in subsection (c) of this
section shall contain a brief statement of the law requiring the
taking of a blood or breath sample and the penalty for refusal, a
declaration of refusal and lines for the signature of the person
from whom the blood or breath sample is sought, the date and the
signature of a witness to the signing. If such person refuses or
fails to execute such declaration, the committing justice, clerk
or assistant clerk shall certify such fact, and that the
committing justice, clerk or assistant clerk advised the person
arrested that such refusal or failure, if found to be
unreasonable, constitutes grounds for the revocation of such
person's license to drive. The committing or issuing justice,
clerk or assistant clerk shall forthwith issue a warrant charging
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the person refusing to take the test to determine the alcoholic
content of his blood, with violation of this section. The
warrant shall be executed in the same manner as criminal
warrants. Venue for the trial of the warrant shall-lie in the
court of the county or city in which the offense of driving under
the influence of intoxicants is to be tried.
(k) The executed declaration of refusal or the
certificate of the committing justice, as the case may be, shall
be attached to the warrant and shall be forwarded by the
committing justice, clerk or assistant clerk to the court in
which the offense of driving under the influence of intoxicants
shall be tried.
(1) When the court receives the declaration of refusal
or certificate referred to in subsection (k) of this section
together with the warrant charging the defendant with refusing to
submit to having a sample of his blood or breath taken for the
determination of the alcoholic content of his blood, the court
shall fix a date for the trial of such warrant, at such time as
the court shall designate, but subsequent to the defendant's
criminal trial for driving under the influence of intoxicants.
(m) The declaration of refusal or certificate under
subsection (k), as the case may be, shall be prima facie evidence
that the defendant refused to submit to the taking of a sample of
his blood or breath to determine the alcoholic content of his
blood as provided hereinabove. However, this shall not be deemed
to prohibit the the defendant from introducing on his behalf
evidence of the basis for his refusal to submit to the taking of
a sample of his blood or breath to determine the alcoholic
content of his blood. The court shall determine the
reasonableness of such refusal.
(n) If the court shall find the defendant guilty as
charged in the warrant, the court shall suspend the defendant's
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license for a period of ninety (90) days for a first offense and
for six (6) months for a second or subsequent offense or refusal
within one year of the first or other such refusals; the time
shall be computed as follows: The date of the first offense and
the date of the second or subsequent offense; provided, th@t if
the defendant shall plead guilty to a violation of section 22-84,
the court may dismiss the warrant.
(o) The court shall forward the defendant's license to
the commissioner of the division of motor vehicles of Virginia as
in other cases of similar nature for suspension of license
unless, however, the defendant shall appeal his conviction in
which case the court shall return the license to the defendant
upon his appeal being perfected.
(p) The procedure for appeal and trial shall be the
same as provided by law for misdemeanors; if requested by either
party, trial by jury shall be as provided in Article 4 of Chapter
15 (Section 19.2-260, et seq.) of Title 19.2, Code of Virginia,
and the city shall be required to prove its case beyond a
reasonable doubt.
(q) No person arrested for a violation of section
22-84 shall be required to execute in favor of any person or
corporation a waiver or release of liability in connection with
the withdrawal of blood and as a condition precedent to the
withdrawal of blood as provided for herein.
(r) The court or the jury trying the case shall
determine the innocence or the guilt of the defendant from all
the evidence concerning his condition at the time of the alleged
offense.
(r.1) Chemical analysis of a person's breath, to be
considered valid under the provisions of this section, shall be
performed by an individual possessing a valid license to conduct
such tests, with a type of equipment and in accordance with the
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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 (6)
months.
The state health commissioner is directed to establish
a training program for all individuals who are to administer the
breath tests, of at least forty (40) hours of instruction in the
operation of the breath-test equipment and the administration of
such tests. Upon the successful completion of the training
program, the commissioner may issue a license to the individual
operator indicating that he has completed the course and is
authorized to conduct a breath-test analysis.
Any individual conducting a breath test under the
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 (6) months and has
been found to be accurate, the name of the accused, the date, the
time the sample was taken from the accused, the alcoholic content
of the sample, and by whom the sample was examined. The
certificate, as provided for in this section, 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 analyze the results thereof. A
copy of such certificate shall be forthwith delivered to the
accused.
(s) The steps herein set forth relating to the taking,
handling, identification and disposition of blood or breath
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samples are procedural in nature and not substantive.
Substantial compliance therewith shall be deemed to be
sufficient. Failure to comply with any one or more of such steps
or portions thereof, or a variance in the results of two (2)
blood tests shall not oE itself be grounds for finding the
defendant not guilty, but shall go to the weight of the evidence
and shall be considered as set forth above with all the evidence
in the case, provided that the defendant shall have the right to
introduce evidence on his own behalf to show noncompliance with
the aforesaid procedure or any part thereof, and that as a result
his rights were prejudiced.
Section 22-90. Specific instances.
A person shall be guilty of reckless driving who shall:
(1) Drive a vehicle when not under proper control or
with inadequate or improperly adjusted brakes upon any highway of
this city;
(2) while driving a vehicle, overtake and pass another
vehicle proceeding in the same direction, upon or approaching the
crest of a grade or upon or approaching a curve in the highway,
where the driver's view along the highway is obstructed, except
where the overtaking vehicle is being operated on a highway
having two (2) or more designated lanes of roadway for each
direction of travel or on a designated one-way street or
highway;
(3) Drive a vehicle when it is so loaded, or when
there 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;
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(4) Pass or attempt to pass two (2) other vehicles
abreast, moving in the same direction, except on highways having
separate roadways of three or more lanes for each direction of
travel, or on designated one-way streets or highways;
(4a) Drive any motor vehicle, including any
motorcycle, so as to be in and parallel to another vehicle in a
lane designed for one vehicle, or drive any motor vehicle,
including any motorcycle, so as to travel parallel to any other
vehicle traveling in a lane designed for one vehicle; provided,
however, this subsection shall not apply to any validly
authorized parade, motorcade or motorcycle escort;
(5) Overtake or pass any other vehicle proceeding in
the same direction at any steam, diesel or electric railway grade
crossing or at any intersection of highways unless such vehicles
are being operated on a highway having two (2) or more designated
lanes of roadway for each direction of travel or unless such
intersection is designated and marked as a passing zone pursuant
to the provisions of Sections 46.1-173 and 46.1-205, Code of
Virginia, or on a designated one-way street or highway, or while
pedestrians are passing or about to pass in front of either of
such vehicles; unless permitted so to do by a traffic light or
police officer;
(6) Fail to stop, when approaching from any direction,
a school bus, whether publicly or privately owned, which is
stopped on any highway or school driveway for the purpose of
taking on or discharging children, elderly, mentally or
physically handicapped persons, and to remain stopped until all
children, elderly, mentally or physically handicapped persons,
are clear of the highway or school driveway and the bus is put in
motion, except the driver of a vehicle upon a dual highway; when
the roadways are separated by a physical barrier or barriers or
an unpaved area, need not stop upon approaching a school bus
-23-
11/05/79
- 51-
which is on a roadway so separated from the one on which he is
driving or an adjoining service road so separated, and except
that the driver of a vehicle need not stop upon approaching a
school bus which is loading or discharging passengers from or
onto property immediately adjacent to a school if such driver is
directed by a police officer or other duly authorized uniformed
school crossing guard to pass such school bus. This subsection
shall apply to school buses which are equipped with warning
devices prescribed in Section 46.1-287 of the Code of Virginia
and are painted yellow with the words "School Bus, Stop, State
Law" in black letters at least six (6) 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 (4) inches high.
-,his subsection shall also apply to school buses which are
equipped with warning devices as prescribed in section 22-195 and
which are painted yellow with the words "School Bus" in black
letters at least eight (8) inches high on the front and rear
thereof. Only school buses as defined in Section 46.1-1(37) of
the Code of Virginia which are painted yellow and equipped with
the require6 lettering and warning devices shall be identified as
school buses;
(7) Fail to give adequate and timely signals of
intention to turn, partly turn, slow down or stop, as required by
sections 22"118 through 22-122;
(8) Exceed a reasonable speed under the circumstances
and traffic conditions existing at the time regardless of any
posted speed limit;
(9) Fail to bring his vehicle to a stop immediately
before entering a highway from a side road when there is traffic
approaching upon such highway within five hundred (500) feet of
such point of entrance, unless a "yield right-of-way" sign is
posted; or where such sign is posted, fail, upon entering such
-24-
11/05/79
- 5 2-
highway, to yield the right-of-way to the driver of a vehicle
approaching on such highway from either direction; or
(10) Drive or operate any automobile or other motor
vehicle upon any driveway or premises of a church, or school, or
of any recreational facilities or of any business property open
to the public, or on the premises of any industrial
establishment providing parking space for customers, patrons or
employees, or upon any highway under construction or not yet open
to the public, recklessly or at a speed or in a manner so as to
endanger the life, limb or property of any person.
Section 22-107. Keep to the right in crossing
intersections or railroads.
Except as otherwise provided by law, in crossing an
intersection of highways or the intersection of a highway by a
railroad right-of-way, the driver of a vehicle shall at all times
cause such vehicle to travel on the right half of the highway
unless such right side is obstructed or impassable. Provided
however, that in crossing an intersection of highways, the driver
of a vehicle may overtake or pass another vehicle in the
intersection if such intersection is designated and marked as a
passing zone by the State EIighway and Transportation Commission
pursuant to its authority as set out in section 46.1-173, Code
of Virginia.
Section 22-108. Special regulations applicable on
streets and highways laned for traffic.
Whenever any highway has been divided into clearly
marked lanes for traffic, drivers of vehicles shall obey the
following regulations:
(1) Any vehicle proceeding at less than the
normal speed of traffic at the time and place and under the
conditions existing shall be driven in the lane nearest the
right-hand edge or curb of the highway when such lane is
available for travel except when overtaking and passing another
-25-
11/05/79
5 3-
vehicle or in preparation for a left turn or as permitted in
paragraph (4) of this section;
(2) A vehicle shall be driven as nearly as is
practicable entirely within a single lane and shall not be moved
from such lane, until the driver has ascertained that such
movement can be made with safety;
(3) Except as provided in paragraph (5) of this
section, upon a highway which is divided into three lanes a
vehicle shall not be driven in the center lane except when
overtaking and passing another vehicle or in preparation for a
left turn or unless such center lane is at the tiine allocated
exclusively to traffic moving in the direction the vehicle is
proceeding and is signposted or marked to give notice of such
allocation; provided that official traffic-control devices may be
erected directing specified traffic to use a designated lane or
designating those lanes to be used by traffic moving in a
particular direction regardless of the center of the roadway and
drivers of vehicles shall obey the direction of every such
device;
(4) Whenever the city manager has designated
right-hand lanes for slow-moving traffic and when such lanes
are signposted or marked to uive notice of such designation, a
vehicle may be driven in any lane allocated to traffic moving in
the direction such vehicle is proceeding, but when traveling
within such inside lanes vehicles shall be driven at
approximately the speed authorized in such lanes and speed shall
not unnecessarily be decreased so as to block, hinder or retard
traffic;
(5) Wherever a highway is marked with double
traffic lanes consisting of a solid line immediately adjacent to
to a broken line, no vehicle shall be driven to the left of such
line if the solid line is on the right of the broken line, except
-26-
11/05/79
- 5 4-
that it shall be lawful to make a left turn for the purpose of
entering or leaving a public, private or commercial road or
entrance; provided, however, that where the middle lane of a
highway is marked on both sides with a solid line immediately
adjacent to a broken line, such middle lane shall be considered a
left-turn or holding lane and it shall be lawful to drive to the-
left of such line if the solid line is on the right of the broken
line for the purpose of making a left turn into a public, private
or commercial road or entrance, provided however that the vehicle
may not travel in such lane for a distance greater than one
hundred fifty feet;
(6) Wherever a highway is marked with double
traffic lines consisting of two immediately adjacent solid lines,
no vehicle shall be driven to the left of such lines, except that
it shall be lawful to make a left turn for the purpose of
entering or leaving a public, private or commercial road or
entrance.
Section 22-113. Driver to give way to overtaking vehicle.
Except when overtaking and passing on the right is
permitted, the driver of an overtaken vehicle shall give way to
the right in favor of the overtaking vehicle on audible signal
and shall not increase the speed of his vehicle until completely
passed by the overtaking vehicle; provided, however, that any
over-width, or slow-moving vehicle, as defined by section
46.1-264.1, Code of Virginia, shall be removed from the travelled
way at the nearest suitable location when necessary to allow
traffic to pass.
Section 22-131. Vehicles on sidewalks; penalty.
Subject to section 7-16, if any person rides or drives
any vehicle, including bicycles and motorcycles, on the sidewalks
of the city, he shall be guilty of a traffic infraction and upon
-27-
11/05/79
5 5 -
conviction shall be fined not less than five dollars nor more
than twenty-five dollars.
Section 22-208. Requirements for signal devides.
Every device intended and used to give a signal of
intention to turn a vehicle shall be so constructed and so
installed as to give a signal plainly visible in clear weather
and under normal traffic conditions from a distance of At least
one hundred feet to the rear and one hundred feet to the front of
the vehicle; provided, that no front signal shall be required on
vehicles manufactured or assembled before January 1, 1943.
Motor vehicles may be equipped with a braking warning
system 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.
Motor vehicles, trailers and semitrailers, when
temporarily stopped on the traveled or paved portion of the
highway so as to create a traffic hazard shall use all four turn
signals simultaneously to signal approaching motorists of the
existing hazard whenever such vehicle is equipped with a device
which will cause the four turn signals to flash simultaneously.
All four signals may be flashed simultaneously on a vehicle
slowed or stopped at the scene of a traffic hazard, or when
travelling at a speed of 30 miles per hour or less, but in no
other event shall all four signals be flashed simultaneously
while the vehicle is in motion.
Section 22-230. Extension of loads beyond sides.
(a) No vehicle shall carry any load extending more
than six inches beyond the line of the fender or body, provided
such load shall not exceed a total outside width as prescribed by
section 22-224.
-28-
11/05/79
56-
(b) Notwithstanding the provisions of paragrah (a)
of this section, it shall be lawful for watercraft carried on
vehicles to extend more than six inches beyond the line of the
fender or body of such vehicle provided the total width of
watercraft and'the carrier upon which the same is so carried does
not exceed seventy-six inches.
Section 22-260. Penalty for violating preceding section.
Any person convicted of violating the preceding section
shall be guilty of a misdemeanor and punished by a fine of not
exceeding one thousand dollars ($1,000.00) or confinement in jail
not exceeding twelve (12) months, or both, in the discretion of
the jury or of the court trying the case without a jury;
provided, however, if the vehicle or other property struck is
unattended and the damage thereto be less than fifty dollars
($50.00), such person shall be punished only by a fine not
exceeding fifty dollars ($50.00).
Any person convicted of violating the provisions of
section 22-259 may be punished in addition to the penalties
provided in the first paragraph of this section, if such accident
resulted only in damage to property and such damage exceeded two
hundred fifty dollars ($250.00) 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 (6) months by the court or judge;
provided, that 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 section 22-259 as
provided in Chapter 6 (Section 46.1-388 et seq.) of the Code of
-29-
11/05/79
- 5 7-
Virginia. Any license revoked under the provisions hereof shall
be surrendered to the court to be disposed of in accordance with
the provisions of section 22-66.
Adopted by the Council of the City of Virginia Beach on
the 5 day of Ilovember 19 79.
MES/kg/vp
10/1/79
10/0 8/7 9
(3)
On motion by Vice Mayor McCoy, seconded by Councilwoman Oberndorf, City Council voted
to APPROVE the above Ordinance to amend and reordain Sections 22-2, 22-16, 22-42,
22-45, 22-52, 22-57, 22-84.01, 22-84.02, 22-90, 22-107, 22-108, 22-113, 22-131, 22-208,
22-230 and 22-260 of the Code of the City of Virginia Beach, Virginia, relating to
Motor Vehicles.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, George R. Ferrell, Barbara M.
Henley, Clarence A. Holland, Vice Mayor J. Henry fIcCoy, Jr.,
Donald W. Merrick, Meyera E. Oberndorf, J. Curtis Payne,
Roger L. Riggs, and tlayor Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
None
-30-
11/05/79
5 8-
(ITEM II-G.5) ITEM #14373
On motion by Vice Mayor McCoy, seconded by Councilwoman Oberndorf, City Council
voted to APPROVE the following license refunds in the amount of $326.76.
Voting: 11-0
Council flembers Voting Aye:
John A. Baum, F. Reid Ervin, George R. Ferrell, Barbara ri.
Henley, Clarence A. Holland, Vice Mayor J. Henry McCoy, Jr.,
Donald W. Merrick, Meyera E. Oberndorf, J. Curtis Payne,
Roger L. Riggs, and Mayor Patrick L. Standing
Council Members Voting Nay:
None
CoUncil Members Absent:
None
11-/05/79
5 9-
AN ORDINANCE AUTHORIZING LICENSE REFUNDS
UPON APPLICATION OF CEI"TAIN PERSONS @';D
UPON CERTIFICATION OF TIIE COMNISSIONER
OF THE REVENUE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for license refunds, upon certification of
the Commissioner of the Revenue are hereby approved:
LICENSE DATE
NA4E YEAR PAID BASE PENAI,17- INT. TOTAL
eramic Tile of Fla. 197 9 5/29/79 3 2 6. 7 6 326.76
nc.
01-A Hay cox Drive
a. Beach, Va. 23452
o form:
n
The above abatem.ent(s) totaling 3 2 6. 7 6 were approved by the Council
of the City of Virginia Beach o n the @'z day of @ey 1 9
Ruth Hodges Smith
City Clerk
- 60-
(ITEM II-G.6) ITEM #14374
On motion by Vice Mayor McCoy, seconded by Councilwoman Oberndorf, City Council
voted to APPROVE the fol I owi ng tax refunds i n the amount of $1 028.1 3:
Voting: 11-0
Council flembers Voting Aye:
John A. Baum, F. Reid Ervin, George R. Ferrell, Barbara M.
Henley, Clarence A. Holland, Vice Mayor J. Henry McCoy, Jr.,
Donald W. Merrick, Meyera E. Oberndorf, J. Curtis Payne,
Roger L. Riggs, and Playor Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
None
A!" T@-Y FE;7 10/16/-19
L71-S ale
U
A117D U:'Ol: Cr"@
B'c- !T C,,D.11@ll@ED -@Y T',-- --U,,Cll C7-- r,F 1,71-'-71;-I rT-,@.r".1,
Tl,iat the ET,-,licatic)ns .@or ta@,
the Treasurer are hereby approved: $164.16
To--aling $
T TYPE TICKETI EXOI@@ER- DATE
"IT" @-I A 17
N A.M 1-7 Y E @-@l 0- T'-. IBERJ TIOI@ l@@ P@"ID r-'@-LTY li@- TO---
axman, A. C. 75 RE 50802-5 (1/2) 6/10/75 9.00-'
axman, A. C. 75 RE 50802-5 (2/2) 6/10/75 9.00-
axman, A. C. 74 RE 48649-7 (1/2) 6/10/74 2.88-
axman, A. C. 74 RE 48649-7 (2/2) 6/10/74 2.88'
axman, A. C. 73 RE 45822-3 (1/2) 6/8/73 2.88@
ay.man, A. C. 73 RE 45822-3 (2/2) 6/8/73 2.88-
ietrich, B.J. & R. 73 RE 13900-6 (1/2) 6/8/73 7.68,
ietrich, B.J. & R. 73 RE 13900-6 (2/2) 6/8/73 7.68'
ietrich, B.J. & R. 75 RE 15809-1 (1/2) 5/20/75 9.00-
ietrich, B.J. & R. 75 RE 15809-1 (2/2) 5/20/75 9.00,
ietrich, B.J. & R. 75 RE 15808-2 (1/2) 5/20/75 18.00-
ietrich, B.J. & R. 75 RE 15808-2 (2/2) 5/20/75 18.00-
ietrich, B.J. & R. 74 RE 14796-0 (1/2) 6/10/74 8.64,
ietrich, -B.J. & R. 74 RE 14796-0 (2/2) 6/10/74 8.64-
ietrich, B.J. & R. 74 RE 14795-1 (1/2) 6/10/74 3.84@
ietrich, B.J. & R. 74 RE 14795-1 (2/2) 6/10/74 3.84,
ietrich, B.J. & R. 74 RE 14794-2 (1/2) 6/10/74 7.68-
ietrich, B.J. & R ' 74 RE 14794-2 (2/2) 6/10/74 7.68@
ietrich, B.J. & R. 73 RE 13901-5 (1/2) 6/8/73 3.84-
i6trich, B.J. & R. 73 RE 13901-5 (2/2) 6/8/73 3.84-
ietrich, B.J. & R. 73 RE 13902-4 (1/2) 6/8/73 8.64-
ietrich, B.J. & R. 73 RE 13902-4 (2/2) 6/8/73 8.64'
The above abatement(s) totaling
/,/ 44 / @ - were approved by
the Council of the City of Virginia
Beach on the day of
JOHi@U@T. ATKINSON, TreasurE
Approved as-to form:
Ruth H. Smith, City Clerk
-62-
A
XN ORDII,'I..';CE /,UillO i X REFU@4)j@ ar-L -U/I-I.
" APPLICATIO!@' OF CERTI@ll,' PERSC)',S
upoil
AIND UPOI' CERTIFICATION OF THE TREASURER
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BE@ICH, VIRGINIA:
That the folloi.)ina appli-cations for tax refunds upon certification of
e Treasurer are hereby approved:
$580.41
To-alinp,
TAXj TYPE TICKET EYOIIER- DATE
.4'4E YEA@ OF T/i-I '@@U,-'@BFR TION l@C- PAID DFI@ALT*Y llqt TOTA-
aylor, Benjamin C. 78 pp 90941 7/25/78 4.29-
uldez, P. & D. 79 F-B 108880 8/9/79 .12,
ryant, Aaron R. 79 CD 69564 9/17/79 15.00,
aras, Melvyn C. 79 CD 5568 .9/27/79 7.50,
arpley, Major E. 79 pp 89804 8/9/79 65.71
un Cha Story 79 pp 88253 8/17/79 50.09
Iligan, William L. 79 pp 65747 8/15/79 68.42
harett, Cathy J. 79 pp 82289 8/8/79 40.-56
urQont, Judith I. 79 pp 26630 8/14/79 60.29
ishop, Wm. G., Jr. Y9 pp 8143 6/5/79 61.44
adkson, H.L. & G.D. 79 pp 4b934 6/5/79 30.36
arker, George j. 75 RE 44299-8 1/2) 6/10/75 25.99
arker, George J. 75 RE 44299-8 2/2-) 12/5/75 25.99
arker, George J. 75 RE 44298-9 1/2) 6/10/75 62.33
arker George J. 75 RE 44298-9 2/2) 12/5/75 62.33
The above abatement(s) totaling
s n
were approved by
the Council of tbe City of Virginia
Beach on the day of 7@
INS@,' Treasu:
Approvcd as to form:
Rut@ ity Clerk
-63-
AN ORDINANCE AUTIIORIZING TAX REFLJIIDS Date 79
UPOII APPLICATION OF CERTAIII PERSONS
AND UPON CERTIFICATION OF THE TREASURER
BE IT ORDAINED BY THE COONCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the folloxqing applications for tax refunds upon certification of
the Treasurer are hereby approved:
$283.56
To--aling
TAX ITYFE TICKET EXONER- DATE
NAME YEAF' OF TAX NLP@4BER TION NC PAID DENAL@ INT TOTA:,
orother, W. T. 73 RE 11286-4 (1/2) 6/8/73 9.60.
orbther, W. T. 73 RE 11286-4 (2/2) 6/8/73 9.60.
orother, W. T. 74 RE 11903-6 (1/2) 6/10/74 9.60.
orother, W. T. 74 RE 11903-6 (2/2) 6/10/74 9.60.
orother, W. T. 75 RE 12931-9 (1/2) 5/20/75. 22.50-
orother, W. T. 75 RE 12931-9 (2/2) 5/20/75 22.50,
rt, J. A. 75 RE 25069-5 (1/2) 5/20/75 22.50-
art, J. A. 75 RE 25069-5 (2/2) 5/20/75 22.50'
a@t, J. A. 74 RE 24060-8 (1/2) 6/10/74 9.60'
rt, J. A. 74 RE 24060-8 (2/2) 6/10/74 9.60.
arf, J. A. 73 RE 22666-1 (1/2) 6/8/73 9.60-
ar,t, j. A. 73 RE 22666-1 (2/2) 6/8/73 9.60,
peedy, James 75 RE 29854-6 (1/2) 6/10/75 18.00-
peedy, James 75 RE 29854-6 (2/2) 6/10/75 18.00.
peedy, James 74 RE 28130-5 (1/2) 6/10/74 7.68,
peedy, James 74 RE 28130-5 (2/2) 6/10/74 7.68-
peedy, James 73 RE 26433-4 (1/2) 6/8/73 7.68'
peedy, James 73 RE 26433-4 (2/2) 6/8/73 7.68.
od., J. F. 73 RE 24728-3 (1/2) 6/8/73 1.92-
od, J. F. 73 RE 24728-3 (2/Z) 6/8/73 1.92-
od, J. F. 74 RE 26333-4 (1/2) 6/10/74 3.84-
od, J. F. 74 RE 26333-4 (2/2) .6/10/74 3.84.
od, J. F. 74 -RE 26331-6 (1/2). 6/10/74 1.92-
od, J. F. 74 RE 26331-6 (2/2) 6/10/74 1.92,
od, J. F. 73 RE 24730-9 (1/2) 6/8/73 3.84-
ood, J. F. 73 RE 24730-9 (2/2) 6/8/73 3.84-
od, J. F. 75 RE 27565-0 (1/2) 6/10/75 4.50-
od, J. F. 75 RE 27565-0 (2/2) 6/10/75 4.50-
od, J. F. 75 RE 27567-8 (1/2) 6/10/75 9.00.
od, J. F. 75 RE 27567-8 (2/2) 6/10/75@ 9.00.
The above-abatement(s) totaling Cerlified as to payment
were approved by
the Council of the City of Virginia
day of
Beach on the
J04P T. @TKINSON,'Treasu.-r
Approved as to form:
Ruth H. SmithD City Clerk
imson, Ci.'tY' Att-c
(ITEt,l ii-H.1) ITEtl #14375 PLANNING ITETIS
Mr. Thomas Shadrick, Attorney, represented the applicant
On mo tion by Council man Payne , second ed by Cou ncil man Ferrel 1, Ci ty Cou nci 1 voted
to uphold the recomrnendations of the Planning Commission ana APPROVED the
Ordinanc6 upon application of Lorraine P. Godfrey and John A. Johnson Company,
Inc., for a Conditional Use Permit for retail sale of garden supplies, equipment,
and material, as a subsidiary use to a plant nursery:
ORDINANCE UPON APPLICATION OF LORRAINE P. GODFREY R01179277
.AND JOHN A. JOHNSON COMPANY, INC., FOR A CONDITIONAL
USE PERMIT FOR RETAIL SALES OF GARDEN SUPPLIES, EQUIP-
MENT, AND MATERIAL, AS A SUBSIDIARY USE TO A PLANT
NURSERY
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA,
THAT:
Ordinance upon application of Lorraine P. Godfrey and John A. Johnson Conpany,
Inc., for a Conditional Use Permit for retail sales of garden supplies, equip-
ment, and material, as a subsidiary use to a plant nursery on certain propert@t
located on the South side of Landstown Road beginning at a point 735 feet East
of Princess Anne Road, running a distance of 201.82 feet along the South side
of Landstown Road, running a distance of 533.3 feet along the Eastern property
line and running a distance of 497 feet along the Western property line. Said
parcel contains 1.3 acres. Princess Anne Borough
Approval is subject to the following conditions in conjunction with the intended
use of the,land:
1. Standard improvements as required by the Site Plan Ordinance.
2. City water and sewer
3. A dedication of right-of-way 30 feet from the centerline
of the existing 30 foot right-of-way and a reservation of
an additional 15-feet along the 201.82 foot frontage on
Landstown Road (a 15-foot dedication and a 15-foot
reservation)
4. Parking at a ratio of I space per 1,000 feet of selling
area.
5. The cost of the design and construction of a standard City
street along this site's frontage on Landstown Road is to
be deposited in the Landstown Road project account.
This Ordinance shall be effective upon date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
Fifth day of November 1979
Voting: 11-0
!l./ln5/79
6 5-
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, George R. Ferrell,
Barbara M. Henley, Clarence A. Holland, Vice Mayor
J. Henry McCoy, Jr., Donald W. Merrick, Meyera E.
Oberndorf, J. Curtis Payne, Roger L. Riggs, and
Mayor Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
None
11/05/79
6 6-
Council Members Voting Ayo
John A. Baum, F. Reid Ervin, George R. Ferrell, Barbara M. Henley,
Clarence A. Holland, Vice Mayor J. Henry McCov, Jr., Donald W.
Merrick, Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, and
Mayor Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
None
(ITEM II-H.2) ITEM #14376
Mr. Grover Vlright, Jr., Attorney, representing the Virginia Beach Fishing
Pier, Inc., telephoned the City Manager's Office requesting the application
be "dropped down" as he would be delayed.
THIS MATTER WILL BE HEARD BY COUNCIL AFTER THE APPLICATION OF LAKESIDE CONSTRUCTION
CORPORATION. (SEE ITEM $14378).
(ITEM II-H.3) ITEM #14377
On motion by Councilman Payne, seconded by Councilman Ferrell, City Council voted
to RECONSIDER and REFER BACK TO THE PLANNING COMMISSION the following Ordinances
DENIED by City Council on August 28, 1978, in the name of Lakeside Construction
Corporation:
Item #12635 -Change of Zoning from R-4 Residential District
to R-5 Residential District on a 40-acre parcel.
Item #12636 -Change of Zoning from R-4 Residential District
to R-6 Residential District on a 32-acre parcel.
Item #12637 -Change of Zoning from B-2 Community-Business
District to R-6 Residential District on a
180.4-acre parcel.
Item #12638 -Change of Zoning from R-3 Residential District
to B-2 Community-Business District on a 24.5-
acre parcel.
Item #12639 -Change of Zoning from AG-1 Agricultural District
to B-2 Community-Business District on a 2.3-acre
parcel.
Item #12640 -Change of Zoning from AG-1 Agricultural District
to R-5 Residential District on a 26.5-acre parcel.
Item #12641 -Change of Zoning from AG-1 Agricultural District
to R-9 Residential Townhouse District on a 16.5-
acre parcel.
Item #12642 -Change of Zoning from AG-1 Agricultural District
to R-6 Residential District on a 34.8-acre parcel.
Item #12643 -Change of Zoning from B-2 Community-Business District
to R-6 Residential District on an 11-acre parcel.
Item #12644 -Change of Zoning from R-3 Residential District to
R-6 Residential District on an 18.2-acre parcel.
11/05/79
- 6 8-
(ITEM II-H.2) ITEM #14378
The following appeared in opposition:
Mr. Russell Wilson Chaplain, Sr.
Mr. George Langley, representing Erosion Commission
Mr. Edward T. Caton, III, Attorney, representing the
Virginia Beach Innkeepers Association
On motion by Councilman Riggs, seconded by Councilwoman Oberndorf, City Council
voted to DEtlY the following Ordinance upon application of Virginia Beach Fishing
Pier, Inc., for a Conditional Use Permit for recreational and amusement facilities
of an outdoor nature (renovation of fishing pier and related facilities), as it was
detrimental to the surrounding area.
Ordinance upon application of Virginia Beach Fishing Pier, Inc., for a Conditional
Use Permit for recreational and amusement facilities of an outdoor nature renovation
of fishing pier and related facilities) on certain property located on the East side
of Atlantic Avenue beginning at a point 92.5 feet North of 14th Street, running a
distance of 289.5 feet along the East side of Atlantic Avenue, running a distance
of 480 feet along the Northern property line, running a distance of 289.5 feet along
the Eastern property line, and running a distance of 480 feet along the Southern
property line. Said parcel contains 3.19 acres. Virginia Beach Borough.
THIS APPLICATION WAS DENIED AS IT I-JAS FELT IT TJOULD BE DETRITIENTAL TO THE
SURROUNDING AREA.
Voting: 11-0
Council Members Voting Aye: (for denial)
John A. Baum, F. Reid Ervin, George R. Ferrell, Barbara M.
Henley, Clarence A. Holland, Vice flayor J. Henry McCoy, Jr.,
Donald ti. Merrick, Meyera E. Oberndorf, J. Curtis Payne,
Roger L. Riggs, and Mayor Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
None
11/05/ 79
6 7-
Voting: 9- 2
Council Members Voting Aye: (to reconsider and refer back to Planning)
John A. Baum, F. Reid Ervin, George R. Ferrell, Charence A.
Holland, Vice Mayor J. Henry McCoy, Jr., Donald W. Merrick,
J. Curtis Payne, Roger L. Riggs, and Mayor Patrick L. Standing
Council Members Voting Nay:
Barbara rl. Henley, and Meyera E. Oberndorf
Council Members Absent:
None
(Agenda presented "an" application; however, the application presented to Council
included each of the ten (10) applications previously presented August 28, 1978,
and these ten (10) applications will go back to the Planning Commission for their
review and come back to City Council for their "reconsideration").
6 9-
4
gilDY2055 #*,4187
(ITEM II-I.l.a) ITEM #14379 ORDINANCES
Mr. Richard Kreger, Attorney, representing Hebrew Academy of Tidewater, appeared
requesting deferral of this matter until a similar case in Court has been resolved.
On motion by Councilman Riggs, seconded Councilman Baum, City Council voted to
APPROVE the following Ordinance to authorize a temporary encroachment into a
portion of the right-of-way of Maryland Avenue:
Requested by Department of Public Works
ORDINANCE TO AUTHORIZE A TEMPORARY ENCROACHMENT
INTO A PORTION OF THE RIGHT-OF-WAY OF PIARYLAND
AVENUE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That pursuant to the authority and to the extent thereof contained
in Section 15.1-893, Code of Virginia, 1950, as amended, Shelby Pallettc, owner
of the Lake Holly Apartments, is authorized t) construct and maintain a temporary
encroachment into the right-of-way of Maryland Avenue.
That the temporary encroachment herein authorized is for the express
purpose of constructing and maintaining a wooden bulkhead to enable construction
of the Lake Holly Apartments on Lots 15 and 17 thru 29, Block 16, Shadowlawn
Heights and is more particularly described as follows:
Beginning at a point on the northern side of Maryland Avenue
(undeveloped), Virginia Beach, Virginia, which point is S 070
15' 00" E a distance of 100.00 feet from a pipe on the corner
of this property and Lots 13 and 14 as shown on that plat
entitled "Resubdivision of Lots 15 thru 17 thru 29 Block 16,
Shadowlawn Heights, Virginia Beach, Virginia" which plat is on
file in the Department of Public Works of the City of Virginia
Beach, thence running S 820 45' 00" W a distance of 30 feet
to a point, thence S 070 151 00" E a distance of 6 feet to a
point' thence N 820 451 00" E a distance of 30 feet to a point,
thence N 070 151 00" W a distance of 6 feet to the point of
beginning.
PROVIDED, HOWEVER, that the temporary encroachment herein authorized
shall terminate upon notice by the City of Virginia Beach to Shelby Pallette,
his heirs, assigns or successors in interest, and that within 60 days after
such notice is given, said bulkhead shall be removed from the City right-of-way
of Maryland Avenue by Shelby Pallette, his heirs, assigns or successors in interest
and that Shelby Pallette, his heirs, assigns or successors in interest shall bear
all costs and expenses of such removal.
PROVIDED FURTHER, that Shelby Pallette, his heirs, assigns or successors
in interest shall indemnify and hold harmless the City of Virginia Beach, its
11/05/79
70 -
188
agents and employees, from and against all claims, damages, losses, and expenses,
including reasonable attorney's fees in case it shall be necessary to file or defend
an action arising out of the location or existence of said bulkhead.
Adopted by the Council of the City of Virginia Beach, Virginia, on
the 5th day of November 1979.
Voting: 9-2
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, Barbara M. Henley, Clarence A.
Holland, Vice Mayor J. Henry McCoy, Jr., Donald 1-1. Merrick,
Meyera E. Oberndorf, J. Curtis Payne, and Roger L. Riggs
Council Members Voting Nay:
George R. Ferrell
Council Members Abstaining:
Mayor Patrick L. Standing
Council Members Absent:
None
Approval is subject to the following stipulations:
1. The encroachment shall terminate upon notice of officials
of the Public Works Department and within 60 days the
applicant shall bear all costs and expenses of removal.
2. The City shall be held harmless of any liabilities.
oT -@y
AuOmli@-d @fai6 r" c. -,t .6 olf4@iat POC
wd of the city
of Virginia Bet.@ td't
-tust.dian
City of Virginia Bcach
11/05/79
VIRGI In e,le' s tbe Cic.it Court of Virginia B,..h day
Li at I d ,@d @ the
19 ...... .this inst,u.en was r
(ITEM II-I.l.b) ITEM #14380
Mr. Carter Anderson, Attorney, represented the applicant.
On motion by Councilman Merrick, seconded by Vice Mayor McCoy, City Council voted
to APPROVE the following Ordinance to authorize the construction and maintenance
of temporary encroachments into a portion of the right-of-way of Village Drive
and the service road adjacent to Laskin Road in Lynnhaven Borough, Virginia Beach,
Virginia, to Johnstown Properties t/a The Villages Apartments; subject to the
following stipulations:
1. These encroachments shall terminate upon notice by
officials of the Department of Public Works in writing
to Johnstown Properties and within 60 days the encroach-
ments shall be removed at the expense of Johnstown
Properties.
2. The City shall be held harmless for any liabilities.
3. The sign shall be properly maintained.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, George R. Ferrell, Barbara M. Henley
Clarence A. Holland, Vice Mayor J. Henry McCoy, Jr., Donald W.
Merrick, Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs,
and Mayor Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
None
11/05/79
7 2-
9Dov2O55 Pirf 184
AN OMEWCE TO A=ORIZE = C@M=ICN
AM CF EN
INTO A POICION CF THE RI -VAY OF VILUM
DR= AND THE SERVICE ROAD AWACENT TO IASKIN
RQAD IN LYNNHAVEN BOROUGH, VIM= BEACH, VIW.INIA,
TO JOHNSTOM PROPFMIES t/a THE VI AP
BE IT 0 BY TBE CC)UW-IL OF THE CITY OF VIWINIA BEACH, VIW.INIA:
That p=suant to the authority and to the extent thereof contained in
sections 15.1-893 and 15.1-376 of the Code of Virginia, Johnstown Properties
t/a The Villages Apartments owner, hereinafter called the Licensee, be and
hereby is authorized to construct, maintain and r@e @rary
encroa ts in the City right-cf-way of Village Drive and the feeder road
adjacent to Laskin RDad, for the purpose of construct3-ng and maintaining a
sign in the northern terminus of the @ian strip located in the middle of
Village Drive, said sign being of Colonial design and wooden constniction,
the sign itself being 4 feet by 5 feet on an 8-foot wood post, as shown on
a certain plat entitled "Site Plan of Property at Intersection of Laskin
Road and Village Drive Showing Loocation of Proposed Sign for The Villages",
dated July 31, 1979, niade by Alton M. Butler, Surveyor, P.C., a copy
of which is attached hereto and the construction, maintenance and removal
thereof shall be in accord with the City Planning De t's specifications
and approval;
P ED, HOWEVER, that the t@rary encroa ts here3-n authorized
shall terminate upon notice by the City of Virginia Beach in writinq to
Johnstmm Properties t/a The Villages Apartrmnts and that within 60 days
after such notice is given, such @rary encroachments shall be r@ed
frorn the City rights-of@y of Village Drive and Laskin Road by the Licensee,
their agents, servants or @loyees, and the T-icensee shall bear all costs
and expenses of such r@al; and
PROVIDED that it is expressly understood and agreed that the
Licensee shall indemify and hold harmless the City of Virginia Beach, its
agents, servants and @loyees, fran and against all cl@, damages, losses
and expenses, including reasonable attorneys fees in case it shall be
necessary to file or defend an action arising out of the location or
existence of such @rary encroac@ts; and
11/05/79
- 7 3-
gooy2fl55 R4q 185
PP=ED FuRmR, that nothing herein contained shall be construed to
tho to the maintmmce
enl,rg, such @ssion and au rity or
cr ac@t oth- than those specified herein
construction of any en 0 and to
the llmted extent specif3-ed herein, nor to permi-t the maintenance
construction of any encroacftmnts by anyone oth- than the Licensee; and
pRDVIDED , that the City of Virginia Beach, upon - tion of
such authority and permission so granted herein, nay - -y -h
encroa t and charge the cost thereof to Licensee and collect the cost in
any mamer p-ided by law for the collection of local or state taxes; nay
require the Licensee to remove such temporary encroachments; and pending such
, the Ci-ty of Vi-rginia i3each, V3-rg-ia imy charge the Licensee
sation for the use of such portion of the streets encroached upon the
equivalent of what @uld be the real property tax upon the land so occupied
if it @re @ed by the Licensee; and if such r@l shall not be nede
wi@ the tim ordered by the City pursuant to this ord@ce, the City my
@se a penalty in the sum of $100 per day for each and every day that such
encroac@ts are allowed to continue thereafter and shall collect such
sation and penalities in any manner provided by law for the collection
of local or state taxes.
Adopted by the City Council of the City of Vi@ia Beach, Virginia,
on the 5th day of Nnvpmhpr 1979.
Approval subject to the following stipulatio ENTS
APPRI
1. These encroachments shall terminate (N.
upon notice by officials of the Departmentx
of Public Works in writing to Johnstown -
Properties and within 60 days the e6croachments
shall be removed at the expense of John
S
Properties DEPARTMENT
TO Fc,,.,A
'12, The City shall be held harmless for rApp?014ED AS
any liabilities.
3. The sign shall be properly maintaine
CITY ATTORNEY
Authe.fic6l.d T,@@ @.py of @on 6f'@ici3l Rec.,d of fho C@ty
)517?
of Vi,gi@i. B..Chl dated fh- @aY' Of@@',
ANDERSON, HUBARD
AND HUFFMAN
A-.-@ A@ L.@ - I
N... @ V@..- @- cl,@ >A. - @ . -,-
C@l,, (:; @, -- @
I @, Cily f Vi,@.i. 9,@ch
1 .4-@/ 1- I -
I
I
11/05/79
BODR2055 ?Ar4 186 - 74 -
THIS IS TO CERTIFY THAT 1. ON SURVEYED
THE PROPERTY SHOWN ON THIS PLAT. AND THAT THE TITLE LINES AND THE WALLS OF THE
BUILDINGS ARE SHOWN ON THIS PLAT.
THE BUILDINGS STAND STRICTLY WITHIN THE TITLE LINES AND THERE ARE NO
ENCROACHMENTS OR VISIBLE EASEMENTS. EXCEPT AS SHOWN.
SIGNED
Z,451-IIIV @@10
Z,-
z ,-7.
'n Vi
Z7)
SITE PLAN
OF
PROPERTY AT INTERSECTION OF LASKIN ROAD AND
VILLAGE DRIVE SHOWING LOCATION OF PROPOSED
SIGN FOR
THE VILLAGES z c-@/
SCALE: 1" = 30' SCALE:
JULY 31, 1979 3,11
ALTON M. BUTLER
z LAND SURVEYOR. P.C.
z
VIRGINIA BEACH. VA.
ANDERSON 286/117-118
11/05/79
VIR INI In t@_Clerk's O@ice, ofthe CirCuit Court of Virginia Beach.. day
19
@,Z... al.. this in@tru@ent .@ ri!ceiv@d'ad up.n lbe
7 5-
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, George R. Ferrell, Barbara M.
Henley, Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs,
and Mayor Patrick L. Standing
Council Members Voting Nay:
Clarence A. Holland, Vice Mayor J. Henry McCoy, Jr., and
Donald W. Merrick
Council Members Absent:
None
11/05/79
- 76 -
(ITEM II-I.2.a) ITEM #14381 SECOND READINGS
AN ORDINANCE TO AMEND THE ORDINANCE
ADOPTED ON MAY 7,1979, ESTABLISHING THE TAX
LEVY ON REAL ESTATE FOR THE TAX FISCAL YEAR
1980 RELATING TO THE AMOUNT OF LEVY ON
UNEQUALIZED PUBLIC SERVICE REAL ESTATE AS
PROVIDED FOR IN SECTION 58-512.1 OF THE CODE
OF VIRGINIA (1950), As AMENDED.
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That there shar be levied and collected for general purposes for fiscal year 1980 taxes
on aH Public Service Real Property, which has not been equalized as provided for in
Section 58-512.1, of the Code of Virginia (1950), as amended, on each one hundred dollars
($100) of assessed valuation thereof based on the following rates in accordance with Section
58-514.2 of the Code of Virginia (1950), as amended:
General Six Borough Total Rate
Borough Government School Debt FY 1980
Bayside 1.70 $.02 1.72
Blackwater 1.70 .02 1.72
Kempsville 1.70 .02 1.72
Lynnhaven 1.70 .02 1.72
Princess Anne 1.70 .02 1.72
Pungo 1.70 .02 1.72
Virginia Beach 1.70 - 1.70
The real property tax rates imposed in this section shall be applied on the basis of
forty percentum of fair market value of such real property.
This ordinance shau be effective from and after its date of adoption.
First reading October 22, 1979
Second reading November 5. 1979
On motion by Councilman Ervin, seconded by Councilman tlerrick, City Council voted
to APPROVE on SECOND READING the above Ordinance to amend the Ordinance adopted on
May 7, 1979, establishing the Tax Levy on Real Estate for the Tax Fiscal Year 1980
relating to the amount of Levy on Unequalized Public Service Real C@state as orovided
for in Section 58-512.1 of the Code of Virginia (1950), as amended.
Voting: 11-0
11/05/79
- 7 7-
(ITEM II-I.2.b) ITEM #14382
AN ORDINANCE TO INCREASE
APPROPRIATIONS IN THE COMPREHENSIVE
SUBSTANCE ABUSE PROGRAM BUDGET
WHEREAS, the Virginia Beach City Council approved an appropriation
of $463,061, estimated revenue -from other agencies and fees of $245,551, and
a local match of $217,510 in the Fiscal Year 1979-80 Substance Abuse Program
Budget, and
WHEREAS, the Department of Mental Health and Mental Retardation has
identified a need to relocate the Substance Abuse Outreach Center and Alcohol
Treatment Programs to a more suitable location, and
WHEREAS the increased rental cost, telephone installations, im-
provements, and other associated costs of the relocation will amount to $19,644.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That $19,644 be appropriated to the Substance Abuse Program Budget
for the relocation, and
BE IT FURTHER ORDAINED that the appropriations will be financed by
a transfer of $19,644 from the General Fund Reserve for Contingencies - Regular.
FIRST READING: October 22, 1979
SECOND READING: -November 5, 1979
Adopted by the Council of the City of Virginia Beach, Virginia on
the 5th day of November -, 1979.
On motion by Councilman Baum, seconded by Councilman Payne, City Council voted to
APPROVE on SECOND READING the above Ordinance to increase appropriations in the
Comprehensive Substance Abuse Program Budget, in the amount of $19.644.
Voting: 8-3
@17
11/05/79
- 78-
(ITEM II-I.3.a.1) ITEM #14383 FIRST READINGS
On motion by Councilman Holland, seconded by Councilman Ervin, City Council voted
to APPROVE on FIRST READING the following Ordinance to appropriate funds of $15,000
to the Tidewater Virginia Development Council (TVDC); subject to the following
stipulations:
1. The reorganization must occur;
2. TVDC will be a promotional agency for
industrial development for the entire
Hampton Roads area; and,
3. Officials of TVDC should consider a name
change in order to emphasize its new role
in industrial development for the region.
Voting: 8-3
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, George R. Ferrell, Barbara M.
Henley, Clarence A. Holland, Donald W. Merrick, J. Curtis
Payne, and Mayor Patrick L. Standing
Council Members Voting Nay:
Vice Mayor J. Henry McCoy, Jr., Meyera E. Oberndorf, and
Roger L. Riggs
Council Members Absent:
None
11/05/79
7 9-
AN ORDINANCE TO APPROPRIATE FUNDS
OF $15,000 TO TH7- TIDEWATER VIRGINIA
DEVELOPMENT COUNCIL (nfDC)
WHERFAS, the TVDC is reviewing and restructuring its
organization, bylaws, and purpose, and
WHEREAS, its new purpose is to act solely as a promotional
agency in seeking new industrial and business clients for the
entire Tidewater area, and
WHEREAS, TVDC has developed a funding allocation formula
for regional participation based on the localities population
and total land area and
WHERF-AS, based on this allocation the FY 1980 financial
contribution of Virginia Beach has been determined to be $20,000,
an increase of $15,000 over the original FY 1980 budget figure,
and
WHEREAS, the City Council wishes to support this new
regionai approach of TVDC.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
OF VIRGINIA BI,:ACH that funds of $15,000 be appropriated from
the General Fund Balance for the purpose of supporting the
advertising, promotion and other regional activities of the
Tidewater Virginia Development Council.
Adopted by the Council of the City of Virginia Beach,
Virginia on day 1979.
First Reading: November 5, 1979
Second Reading:
S T(?
- 80 -
(ITEM II-I.3.a.2) ITEM #14384
Mr. Sam Houston spoke on this matter.
Mr. Wilson Chaplain spoke on this matter.
On motion by Councilman Merrick, seconded by Councilman Holland, City Council
voted to DEFER for TWO (2) WEEKS the following Ordinance to appropriate $420,000
for site acquisition in the Beach Borough (Fuel Feed and Building Supplies Corp):
This matter was deferred in order to present a more complete report to Council
on the use of the proposed site.
Voting: 11-0
Council Members Voting Aye: (for deferral)
John A. Baum, F. Reid Ervin, George R. Ferrell, Barbara M.
Henley, Clarence A. Holland, Vice Mayor J. Henry McCoy, Jr.,
Donald W. Merrick, Meyera E. Oberndorf, J. Curtis Payne,
Roger L. Riggs, and Mayor Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
None
11/05/79
- 81 -
AN ORDINANCE TO APPROPRIATE $420,000
FOR SITE ACQUISITION IN THE BEACH BOROUGH
WHEREAS, City Council wishes to provide more public parking
in the Beach Borough, and
WHEREAS, a site at 19th Street and Pacific Avenue, formerly
occupied by Fuel Feed and Bu :Iding Supplies Corp., is available
3.
for the purchase price of $420,000, and
WHEREAS, this site contains 51,750 sq. ft. or approximately
133 parking spaces.
N014, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA tliat funds in the amount of $420,000
be appropriated from the General Fund Balance for the purpose of
purchasing the site formerly occupied by Fuel Feed and Building
Supplies Corp,
Adopted by the Council of the City of Virginia Beach,
Virginia on day of 19
DEFERRED FOR TWO WEEKS: November 5, 1979
First Reading:
Second Reading:
L
CITY ATTO@@@ly
11/05/79
- 82-
(ITEM II-I.3.a.3 ITEM #14385
On motion by Vice Mayor McCoy, seconded by Councilman Ervin, City Council voted
to APPROVE on FIRST READING the following Ordinance to appropriate funds for
the air conditioning of Linkhorn Park and Seatack Elementary Schools:
Voting: 11-0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, George R. Ferrell, Barbara M.
Henley, Clarence A. Holland, Vice Mayor J. Henry McCoy, Jr.,
Donald W. Merrick, Meyera E. Oberndorf, J. Curtis Payne,
Roger L. Riggs, and Mayor Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
None
11/05/79
83-
AN ORDINANCE TO APPROPRIATF,, FUNI)S FOR
TIIE AIR CONDITIONING OF LINKIIORN PARK
AND SEATACK ELEMENTARY SCIIOOLS
WHEREAS, the City Council recognizes the need for air
conditioning of Linkhorn Park and Seatack Elementary Schools,
and
WHEREAs, the installation of air conditioning at these two
schools will reduce the surrounding noise level in the schools,
assist the educational process, enhance the security of the
buildings, provide a cleaner environment for pupils and
teachers, and preser-ve equipment and audio-visual supplies
from summer heat,and
WHEREAS, the cost of air conditioning for Linkhorn Park
Elementary School is $234,529 and for Seatack Elementary
School is $254,551.
NOW, THEREFORE, BE iT ORDAINED BY TIIT- COUNCIL OF THE CITY
OF VIRGINIA BEACH that funds of $489,080 be appropriated from
the General Fund Balance for the purpose of providing air
conditioning to the following elementary schools:
Linkhorn Park Elementary School $234,529
Seatack Elementary School 254,551
Total. $489,080
Adopted by the Council of the City of Virginia Beach,
Virginia on day of 19
First Reading: November 5, 1979
Second Reading:
f
- 84-
(ITEM II-I.3.a.4 ITEM #14386
On motion by Councilman Payne, seconded by Councilman Baum, City Council voted
to APPROVE on FIRST READING the following Ordinance to allocate additional
positions and related appropriations to the Social Services Department:
Voting: 11-0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, George R. Ferrell, Barbara M.
Henley, Clarence A. Holland, Vice Mayor J. Henry McCoy, Jr.,
Donald W. Merrick, Meyera E. Oberndorf, J. Curtis Payne,
Roger L. Riggs, and tlayor Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
None
11/05/79
8 5-
AN ORDIIIANCE TO ALI,OCATE ADDITIOT,AL
POSlTlOt4S ANI) l@-LATI-',I) API)IZOPRIA'I'IONS
TO TIIE SOCIAL SEIZVICI:S DCPARTI@ILNT
WIIEREAS, the Social Services Department hts experienced large increases
in participation in the Food Stamp Program, and
WHEREAS, maintaining tlie caseload per employee in this program is
essential in avoiding law stiits, preventing fraud, and sustaining the level of
credibility, and
WLIEREAS, it is estimated tliat the addition of five eligibility and two
clerical positions is necessary to continue tlie caseload per employee, and
WI[EREAS, tlie estiinated cost of tliese positions, if effective November 1,
1979, is $47,297 plus related office equipment estimated at $6,280 for a total of
$53,577 to be provided by transfer from existing surplus appropriations, and
WTIEREAS, the above request has also been submj.tted to the Virginia
State I)epartment of Welfare for their 80% participatioii, and
WHEREAS, the positions and appropriations previously stated are contin-
gent upon State approval and will he adjusted if their approval is less,
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF 'EHE CITY OF VIRGINIA
BEACH:
That existing surplus appropriations within the Social Scrvices Depart-
ment be transferred, pending Virginia State Department of Welfare approval, to
the respective acc6unts to permit the allocation of the following:
Five Eligibility Workers (8 Montlis) $ 36,427
Two Clerical Positiotis (8 liontlis)
(I AcCOLint Clerk and I Clerk-Typist) 10,870
Plus Related Capital Outlay 6,280
Total $ 53,577
First Reading November 5, 1979
Secoiid Readiiig
Adopted by tlie CoLincil of tlie Cit), of Virginil l@eicli on Lhe day
of 1979.
- 86-
(ITEM II-I.3.b.1) ITEM #14387 BIDS
The following bids have been received for the Princess Anne Park Restroom Facility
(4-803):
North Landing Line Construction $117,973.00
Bear Contracting $124,084.00
Brinster Construction Company $128,070.00
L. J. Hoy, Incorporated $129,369.00
Bayport Construction $139,320.00
A and W Contractors $194,994.00
Architectural Estimate $117,000.00
On motion by Councilman Payne, seconded by Councilman Baum, City Council voted
to APPROVE the low bid of North Landing Line Construction, in the amount of
$117,973.00 for the Princess Anne Park Restroom Facility (4-803); and further
authorized the City Manager to enter into the necessary agreements in order to
implement this project.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, George R. Ferrell, Barbara M.
Henley, Clarence A. Holland, Vice Mayor J. Henry McCoy, Jr.,
Donald W. Merrick, Meyera E. Obdrndorf, J. Curtis Payne,
Roger L. Riggs, and Mayor Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
None
11/05/79
8 7-
(ITEM II-I.3.b.2) ITEM #14388
The following bids have been received for construction to expand the City Garage:
Whitfield/Gee Construction Company,.Inc. $419,750.00
Bear Contracting, Inc. $426,575.00
Bayport Construction Corporation $430,000.00
Olsen Contractors, Incorporated $431,000.00
Beach Building Corporation $476,264.00
L. J. Hoy, Incorporated $502,900.00
Architectural Estimate $430,000.00
On motion by Councilman Payne, seconded by Councilman Baum, City Council voted
to APPROVE the low bid of Whitfield/Gee Construction Company, Inc., in the
amount of $419,750.00, for the construction to expand the City Garage; and
further authorized the City Manager to enter into the necessary agreements
for the implementation of this project.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, George R. Ferrell, Barbara M.
Henley, Clarence A. Holland, Vice Mayor J. Henry McCoy, Jr.,
Donald W. Merrick, Meyera E. Oberndorf, J. Curtis Payne,
Roger L. Riggs, and Mayor Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
None
11/091./79
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(ITEM II-J.1) ITEM #14389 OLD BUSINESS
Mr. V. A. Etheridge, Jr., Attorney, representing Murphy Building Corporation,
appeared before City Council regarding his client's Conditional Use Permit .
Mr. Etheridge indicated that on May 3, 1979, Murphy Construction Corporation,
entered into a contract to purchase property on the corner of 12th Street and
Park Avenue, in the Virginia Beach Borough of the City. The contract was
predicated on two things:
1. Being able to obtain the necessary use permits to
build two (2) duplexes; and,
2. The understanding that if curb, gutter, storm drains,
etc., were required, the seller would discount the
purchase price the necessary amount to install what-
ever the City required.
Mr. Etheridge further stated that the purchase price his client paid for the
property was a fair price; however, if he has to spend as much as $6,000 -
$8,000 for 250-feet of curb, gutter, sidewalks, drain and the necessary catch
basins, it will be virtually impossible for him to build these units and show
any profit at all.
Mr. Etheridge stated his-client feels if he is required to install curb and
gutter, then same should have been required on every duplex built since 1970
in that area; however, his client does not expect the City pplicies to be
ignored because someone made a mistake, but he does expect some consideration.
Mr. Etheridge stated he requests his client be exempt from installing curb,
gutter, etc., on the property located on the corner of 12th Street and Park
Avenue, in the Virginia Beach Borough.
After considerable discussion, Council requested the City tianager to investigate
the area to see which places have curb and gutter and which places do not. If
it is found that Mr. Etheridge's client is being discriminated against, Council
will waive the curb and gutter requirements.
(ITEM II-J.2) ITEM #14390 BOARDS/COMMISSIONS
On motion by Councilwoman Henley, seconded by Councilman Baum, City Council voted
to APPOINT Mr. Mason M. Moton to the MENTAL HEALTH AND MENTAL RETARDATION SERVICES
BOARD to fill the unexpired term of Mr. Edward Brown, term expiring December 31,
1981.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, George R. Ferrell, Barbara M.
Henley, Clarence A. Holland, Vice Mayor J. Henry McCoy, Jr.,
Donald W. Merrick, Meyera E. Oberndorf, J. Curtis Payne,
Roger L. Riggs, and Mayor Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
None
11/05/79
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(ITEM II-K.1) ITEM #14391 NEW BUSINESS
Mr. Russell W. Chaplain, Jr., was to speak before Council regarding drugs in
Virginia Beach; however, Mr. Chaplain had to leave.
ITEM #14392
Councilman Ervin requested an opinion from the City Attorney regarding the Board
of Zoning Appeals, and indicated that several decisions of the Board had adversely
affected the City's Zoning Ordinance.
Councilman Ervin indicated if a person went before the Board of Zoning Appeals,
and declared a hardship it would be hard for the City to prove otherwise, unless
they wish to appeal the matter to the Circuit Court.
The City Attorney indicated throughout the State there appears to be a great
deal of discretion in determining a hardship, and further stated that his
Office appears before the Board to represent Mr. Patrick Janezeck, and also
acts as a Legal Advisor when questions are asked of the Attorney's Office
regarding various matters before the Board.
(ITEM II-K.2) ITEM #14393
Mr. James L. Kaiser, President of the North Virginia Beach Civic League, appeared
before Council and indicated that in June 1977, the voters of the City approved
overwhelmingly a $39.9 Million Double-Barreled Bond Issue to finance needed
improvements in the water and sewer systems of existing neighborhoods of the City.
Coincident with the voting on this Bond Issue, the Citv Manager prepared and
publicized a list of the specific proposed projects to be carried out with funds
from the Double-Barreled Bonds.
Before the $39.9 M@illion Bond Issue was passed, City Council authorized $9.1 million
in additional Revenue Bonds to finance improvements already in progress.
That amount of money is available at any time the City wishes to enter the
Bond market and sell the Bonds.
It now appears that there is not enough funds remaining in the $39.9 Million to
complete the projects contained in the list.
Mr. Kaiser presented a petition to Council and requested they instruct the City
Manager to proceed to sell the $9.1 Million Revenue Bonds already authorized, and
schedule completion of the remaining sewer and water projects which were promised
to the citizens of the City of Virginia Beach in connection with the $39.9 @Aillion
Double-Barreled Bond Issue. The petition was signed by thirty-two (32) residents
of North Virginia Beach.
The City Manager indicated he would be pleased to meet with Mr. Kaiser and
explain the matter to him, and answer any questions he may have.
COUNCILMAN RIGGS LEFT CHARIBERS
(ITEtl II-K.3) ITEM #14394
Mr. Albert S. Twiford appeared before Council requesting a free-standing mobile
home be located on 5437 Morris Neck Road, Virginia Beach, Virginia.
Mrs. Valerie Blynn also appeared in favor of the mobile home.
On motion by Councilwoman enley, seconded by Councilwoman Oberndorf, City Council
voted to APPROVE the request of Mr. Albert S. Twiford for a free-standing mobile
home on property located at 5437 Morris '@eck Road, Virginia Beach, Virginia; Subject
to the stipulations as set forth in the Free-Standing Mobile Home Ordin-ance.
Voting: 9-1
11/05/79
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Council Members Voting Aye:
John A. Baum, F. Reid Ervin, Barbara M. Henley, Clarence A.
Holland, Vice Mayor J. Henry McCoy, Jr., Donald W. Merrick,
Meyera E. Oberndorf, J. Curtis Payne, Mayor Patrick L.
Standing
Council Members Voting Nay:
George R. Ferrell
Council Members Absent:
Roger L. Riggs
On the above matter, the City Council requested the City Manager to meet with
Mr. Twiford and explain the Free-',7tanding Mobile Home Ordinance.
ITEM #14395
On motion by Councilman Ervin, seconded by Councilman Ferrell, and by ACCLAMATION,
City Council adjourned at 5:05 p.m.
Ruth Hodges-Smith, City Clerk t,,nlin
City of Virginia Beach,
Virginia
November 5, 1979
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