HomeMy WebLinkAboutAUGUST 13, 1979
THE HONORABLE CITY COUNCIL
CITY OF VIRGINIA BEACH, VIRGINIA
AGENDA
ITEM I INFOR@IAL SESSION: Monday, 13 August 1979 - 1:00 p.m.
A. CALL TO ORDER - Mayor Patrick L. Sranding
B. ROLL CALL OF COUNCIL
C. MOTION TO RECESS INTO INFORMAL/EXECUTIVE SESSION
D. PRESENTATION/DISCUSSION OF PERTINENT @IATTERS
1. @ar@ Ann @ap_peqe@ubdivi-s-i-on Variance:
Discussion of request for subdivision
variance wbich appears on formal agenda.
2. Indian Lakes Land Use Plan: Discussion.
3. @ecial Refuse Collection Policy: Dis-
cus sion @f
implementation of new policy
to help conserve fuel.
4. Food Han dler 's Cards: Discussion of pro-
@..al to require all persons handling food
to obtain a health card.
ITEM 11 FORMAL SESSION: Monday, 13 August 1979 - 2:00 p.m.
A. INVOCATION - Rector Paul Hogg, Jr.
St. Aidan's Episcopal Church
B. PLEDGE OF ALLEGIANCE
C. ROLL CALL OF COUNCIL
D. MINUTES OF PREVIOUS MEETING
1. Motion to accept/approve the Minutes of 6 August 1979
E. PRESENTATION
TO: Gil,es Godd, Assistant to the City Manager for
Filiance and Research, the Award of Financial
Reporting and Certificate of Conformance from
the Municipal Finance Officers Association
recognizing tt)e City's achievement for the
Fiscal Year ended June 30, 1978.
F. RESOLUTIONS
1. Proclamation to proclaim the week of August 12 -
17, 1979 as Better Water for People Week.
Representatives of the Public Utilities Department:
Mr. Richard Carins, Carol Crimstead
and Mr. Roy Gregory
2. Letter from the City Manager recommending that City
Council approve the Resolution authorizing the City
Manager to execute a contract with the Tidewater
Builders Association for the implementation of an
Electrician's Pre-apprenticeship Program.
ITEM 11 F. RESOLUTIONS (continued)
2. Letter from the City Manager recommending that
City Council adopt the Resolution supporting
the continuance. of the Revenue Sharing Program
to localities;
and, send to the President of the United States
and our entire Virginia Congressional delegation.
(I)eferred from August 6, 1979)
G. PUBLIC HEARINGS - None
H. CONSENT AGENDA
All matters listed under the consent agenda are con-
sidered to be routine by the City Council and will be
enacted by one motion in the form listed. There will
be no separate discussion of these items. If discus-
sion is desired, that item will be removed from the
Consent Agenda and considered separately.
1. Letter from the City Manager recommending that City
Cotincil approve the Ordinance to amend Section 2-33
of the Code of the City of Virginia Beach, relating
to definition for the Basic Pay Plan.
2. Letter from the City Manager recommending that City
Council approve the Ordinance to amend and reordain
Section 22-212 of tbe Code of the City of Virginia
Beach pertaiiiing to the construction, maintenance
and loading of vehicles.
3. Letter from the City Manager recommending that City
Council approve the appointment of viewers in the
application of Donald E. Washburn and Jerrold W.
Button for the petition fc)r the :Iosure of a pc)rtion
of C Street (Lynnhaven Borough).
4. Letter from the City Manager recommending that City
Council approve State-Local Hospitalization contracts
for Fiscal Year 1979-80;
and, authorize the City Manager to execute them on
behalf of the City of Virginia Beach.
5 . Letter from the City Manager recomrnending that City
Council approve the request of Princess Anne Business
and Professional Women's Club for a raffle permit.
6. Letter from the City Manager recommending that City
Council approve tbe Ordinance authorizing license
refunds in the amount of $675.69 as requested by
Mr. Ivan D. Mapp, Commissioner of the Revenue.
I. PLANNING ITEI-IS
1. Letter from the City Manager transmitting the reco-
mendation of the Planning Commission for approval of
the application of Robert L. and Margaret Stephenson
for a change of zoning from R-5 Pesidential District
to 0-1 Office District on a 2.86 acre parcel located
on the east side of Priiicess Anne Road, south of Han-
over Drive (Kempsville Borough).
ITEM IT 1. PI,ANNING ITEMS (continued)
2. Letter from the City Manager transmitting the reco-
mendation of the Planning Commission for approval of
tbe application of National Pride Equipment, Inc.,
for a conditional use permit for a car wash on a 6.17
acre parcel located on tbe east side of South Witch-
duck Road, south of Brady Court (Kempsville Borough).
3. Letter from the City Manager transmitting the reco-
mendation of the Planning Commission for approval of
the application of Terry Robinson for a conditional
use permit for a residential kennel on a 6 acre parcel
located on the north side of Elbow Road, at its inter-
section with Indian River Road (Princess Anne Borough).
4. Letter from the City Manager transmitting the reco-
mendation of the Planning Commission for approval of
the application of Donald L. White for a conditional
use permit for dune disturbing activity on a .505 acre
parcel located on the east side of Sandfiddler Road,
south of Swordfish Lane (Princess Anne Borough).
5. Letter from the City Manager transmitting the reco-
mendation of the Planning Commission for approval,
subject to providing an adequate drainage system,
of the application of Frank E. and Gladys M. Shermon
for variances to Sections 4.1 (m), 5.4 and 5.5 of tbe
Subdivision Ordinance requiring minimum street pave-
ment widths, street lights, curb and gutter, and storm
sewers. The applicants wish to stibdivide a 17.013
acre site into two (2) lots. This property is located
on the South side of Stowe Road, west of Princess Anne
Road (Princess Anne Borough).
The City Manager's letter further recommends that this
application to waive site improvements be denied.
6. Letter from the City Manager transmitting the reco-
mendation of the Planning Commission for approval of
the application of Mary Ann Chappelle for a variance
to Section 4.4 (b) of the Subdivision Ordinance re-
quiring lot dimensions to conform to the Comprehensive
Zoning Ordinance. The applicants wish to subdivide an
approximate 69.7 acre site l.ocated on tbe west side
of Princess Anne Road, south of S,)uth Stowe. Road, into
two lots (Princess Anne Borough).
7. Letter from the City Manager transmitting the reco-
mendation of the Planning Co=ission for approval of
the Ordinance to amend and reordain Article 4, Section
401 of the CZO pertaining to use regulations in tile
AG-1 Agriculturial District.
8. Letter from the City Manager transmitting the reco-
mendation of the Planning Commission for approval of
the application of Aubrey L. Lane for a conditional
use permit for retail sales of garden supplies, equip-
ment and material as a subsidiary use to a plant
nursery on a 4.339 acre parcel located on the east
side of Holland Road, sotith of Shipp's Corner Road
(Princess Anne Borough).
ITEM 11 J. ORDINANCES
1. General - None
2. Second Readings
a. City Council is requested to approve on
second reading the Ordinance to appropriate
$13,998 to tlie Tidewater Emergency Medical
Services (TEMS) Council, Tnc., for its
continued operation.
b. City Council is requested to approve on
second reading tlie Ordinance to appropriate
additional funds, in the amotint of $3,227,
898 for Fiscal Year 1980 for the payment of
purchase orders brougbt forward from Fiscal
Year 1979.
C. City Council is requested to approve on
second reading tile Ordinance to appropriate
$12,442 to the Accomack-Northampton Trans-
portation I)istrict Commission fc)r the con-
tinLiation of rail service on the Delmarva
Line.
d. City Council is requested to approve on
second reading tlie Ordinance to accept grants
totaling $42,201 from tlie Division of Justice
and Crime Prevention and to appropriate these
funds.
3. Appropriations
a. First Readings
1. Letter from the City Manager recommending
that City Council approve the Ordinance to
appropriate $41,000 from the General Fund
Balance Lo purchase land at Seatack for a
Community Center.(First Reading)
b. Bids
1. Letter from the City Manager rec@ommending
that City Council approve the low bid of
Suburban Grading & Utilities, Inc., in the
amount of $1,421,714.80 for the North
Virginia Beach Sanitary Sewerage and Water
Systems Coiitract 2-B;
atid, authorize the City Manager to enter
iiito the neessary agreements for the imple-
mentation of this project. Funds are avail-
able.
C. Grants
1. Letter from the City Manager recommending
that City Council approve the Ordinance to
accept a grant totaling $ 7,043 from the
Southeastern Virginia Planning District
Commission;
and, to appropriate these funds.(First Reading)
ITEM 11 J. ORDINANCES (continued)
4. Code Amendments
@l. Letter from the City Manager recommending that
City Council approve the Ordinance to amend
Chapter 22 of the Code of the City of Virginia
Beach by adding thereto provisions pertaining
to Tow Truck Service Operations.
K. OLD BUSINESS
1. Request of Councilman Reid Ervin that Council
reconsider the Resolution (Ttem #13286, June 11
1979) voicing "opposition to access to False Cape
State Park and the Currituck Outer Banks thorugh
soutiiern Virginia Beach and across Knotss Island."
L. NEW BUSINESS
1. Application of Laura C. Adams for a free-standing
mobile home.
M. ADJOURNMENT.
1. Motion for adjourment.
Minutes of the Honorable City Council
OF THE
CITY OF VIRGINIA BEACH, VIRGINIA
August 13, 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, August 13, 1979, at 1:00 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. rlerrick, Meyera E. Oberndorf, J. Curtis Payne,
Roger L. Riggs, and Mayor Patrick L. Standing
Council @lembers Absent:
None
ITEM #14034
tlayor Standing entertained a motion to permit Council to conduct an INFORRIAL
SESSIO[4 to be followed by an EXECUTIVE SESSION for the purpose of discussing
the following:
1. Discussion or consideration of employment, assignment,
appointment, promotion, demotion, salaries, discipline or
resignation of public officers, appointees or employees of
any public body. (Personnel Matters)
2. Discussion or consideration of the condition, acquisition
or use of real property for public purpose, or other disposition
of publicly held property. it@ion, yse or isposition of
publicly ro erty)
3. Investing of public funds where competition or bargaining
are involved where, if made public initially, the financial
interest of the governing unit would be adversely affected.
(Financial Matters)
4. 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. ( @al Matters)
On motion by Councilman Baum, seconded by Councilman Holland, City Council voted
to proceed into the EXECIJTIVE SESSION following the INFORMAL SESSION.
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. lienry McCoy, ir,,
Donald W. Merrick, Mpyera [-. Oberndorf, J. Curtis Payne,
Roger L. Riggs, and Mayor Patrick L. Standing
8/13/79
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Council Members Voting Nay:
None
Council Members Absent:
None
PROPOSED TOWING ORDINANCE ITEM #14035
The City Manager indicated that Councilman Riggs had discussed with him one Section
of the Towing Ordinance (Section 22-149.7(g), which states:
"For any tow truck service or operator to cliarge more than
$3.00 per twenty-four (24) hour period for storage charges,
for a vehicle removed from private property without the
consent of the owner or custodian of the vehicle"
Councilman Riggs was interested in when the $3.00 charge goes into effect. Is it
when the vehicle first gets into the storage yard, or after the FIRST twenty-four
(24) hours.
The City Manager indicated he had no objection to making an amendment to the
proposed Ordinance so the $3.00 charge would begin AFTER the first twenty-four
(24) hours the vehicle is in the storage yard.
Councilman Riggs indicated he had talked with several towing firms in the City
of Virginia Beach and they informed him they charge $3.00 after the first
twenty-four (24) hours.
THIS MATTER WILL BE BROUGHT UP IN THE FORMAL COUNCIL MEETING FOR A VOTE
MARY ANN CHAPPELLE-SUBDIVISIO.N ITEM #14036
VARIANCE
The City Manager indicated that Mary Ann Chappelle has requested a variance to
Section 4.4(b) of the Subdivision Ordinance which requires lot deminsions to
conform to the Comprehensive Zoning Ordinance. The applicant wishes to subdivide
an approximate 69.7-acre site located on the west side of Princess Anne Road,
South of Stowe Road, into two lots. One lot is to be two acres in size, while
the other viould constitute the remainder of the property.
The Planning Director indicated this may not be to the best interest of anyone, and
it would be creating a two-acre flaglot, which would be a problem to the property
owner in the future.
T[IIS @,IATTEP ',IILL '@E PRE"ERITED I'J TODAY'S FORF.IAL SESST O@l FOP ACTIO@I BY THIS CTTY
COUNCIL.
8/13/79
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INDIA@l LAKES LAND USE PLAN ITEM #14037
The City Manager indicated he has had requests from the developers of Indian Lakes
PUD (Planned Unit Development) to make modifications. The developers were informed
that even though this was a PUD, and modifications can be made administratively, the
City has never made modifications on PUD'S without first notifying Council to see
if they concurred with the developer's plans.
The Planning Director indicated the request, which is in Section G-2 would increase
the number of housing units from approximately 120 to 180, and decrease the square
footage on the lots. For that reason the Planning Department indicated they would
not approve the plan as they would rather have the smaller density with the larger
lots.
It was the consensus of Council to have full public knowledge on the request of
the developer, therefore, the above matter is to be advertised for a public
hearing before the City Council, and the developer is requested to make an
application for the requested change.
SPECIAL REFUSE COLLECTION POLICY ITEM #14038
The City Manager indicated he needs approval from Council regarding a change in the
special refuse collection day. At the present time, the City gives two (2) days a
week to collecting trash throughout the City, on a five (5) day work week. The days
are staggered throughout, which allows four(4) days for collecting trash. On the
fifth (5) dav, which usually is a Wednesday, the City has used that day as a "Special"
pick up day, for large items that cannot be picked up under normal collection days.
The City found that by and large the trucks are "cruising" the City, and with the
energy problems, the City Manager indicated he would like to eliminate the "cruising"
situation, and have the citizens of Virginia Beach call in to the Refuse Collection
Departr.lent when they have special items to be picked up. The City could save over
15% of the City's entire fuel usage by eliminating the Wednesday "cruising", which
means a savings of approximately 35,000 gallons ofgasoline a year, or close to
$25,000.
If this rleets with Council's approval, the City Manager would like to initiate
this matter on August 15, 1979, and indicated he would notify the public of the
change.
The Director of Public Works and the Solid t4aste Administrator appeared on this matter.
FOOD HANDLER'S CARDS ITEM #14039
The City Manager indicated he was going to try to bring an Ordinance to Council
regarding Food Handler's Cards.
The City Manager indicated that many restaurants voluntarily work with the Health
Department to have their employees trained in food handling, pest control, sanitary
and personal hygiene. The cards have been issued by the Health Department; however,
many of the areas have an ordinance requiring food handlers to have a card issued by
the Health Department.
Council requested the City Manager to inform Mrs. Whitehurst of the City's progress
in this matter.
ITEM #14040
The City Manager indicated that at last week's INFORMAL SESSION (August 6, 1979)
Council requested the City Manager to reduce water rates by $.042 per thousand
gallons on water service billed subsequent to September 1, 1979 for the same
number of service days previously billed at $.942 per thousand gallons on water
consumed prior to July 1, 1979.
THIS rlATTEP, !JILL BE PRE"E@ITED Il@ TODAY'S FORtlAL SESSIO@L FOR ACTIO"I BY THIS CITY
COUNCIL.
8/1 3/79
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FORMAL SESSION
ITEM #14041
Monday, August 13, 1979
2:08 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 Rector Paul Hogg, Jr., Saint Aidan's Episcopal
Church.
PLEDGE OF ALLEGIANCE -
(ITEM II-D.1) ITEM #14042 MINUTES
On motion by Councilwoman Oberndorf, seconded by Councilman Ferrell, City Council
voted to APPROVE the Minutes of the Regular Meeting of August 6, 1979, as the minutes
had previously been distributed to Council for their consideration.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, George R. Ferrell, Barbara M.
Henley, Clarence A. Holland, Vice Mayor J. Henr,,/ McCoy, Jr.,
Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, and
Mayor Patrick L. Standing
Council Members Voting Nay:
None
Council Members Abstaining:
Donald W. Merrick (Councilman Merrick did not attend last week's
(August 6, 1979) Council meeting dueto illness)
Council Members Absent:
None
8/13/79
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(ITEM II-E.1) ITEM #14043 PRESENTATION
Mayor Standing presented to Mr. Giles G. Dodd, Assistant to the City Manager for
Finance and Research, the Award of Financial Reporting and Certificate of Con-
formance from the Municipal Finance Officers Association recognizing the City's
achievement for the Fiscal Year ended June 30, 1978.
(ITEM II-F.1) ITEM #14044 RESOLUTIONS
Mayor Standing presented the following Proclarnation to:
Mr. Richard Carins, Carol Grimstead, Roy Gregory
to proclaim the week of August 12 - 17, 1979 as Better Water for People Week.
P R 0 C L A @l A T I 0 N
WHEREAS, Public Utilities' services provided in our Community are an
integral part of our citizens' everyday lives; and
WHEREAS, the support of an understanding and informed citizenrv is
vital to the efficient operation of the Public Utilities system and its divisions
of Utility Engineering, Customer Service, Water Operations, Wastewater Operations,
and Water Production; and
WHEREAS, the health, safety, and comfort of this Community greatly
depends on these facilities an(i services; and
14HEREAS, the quality and effectiveness of these facilities, as well as
their planning, design, and construction is vitally dependent upon the efforts
and skills of Public Utilities' employees; and
WHEREAS, the efficiency and dedication of the personnel who staff the
Public Utilities Department is materially influenced by the people's attitude
and understanding of the importance of the work they perform.
NOW, THEREFORE, 1, Patrick L. Standing, Mayor of the City of Virginia
Beach, do hereby proclaim the week of August 12-17, 1979, as:
BETTER WATER FOR PEOPLE WEEK
in Virginia Beach and call upon all citizens and civic organizations to acquaint
thernselves with the contributions which Public Utilities' employees make everv
day to our health, safety, and comfort.
8/13/79
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IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal
of the City of Virginia Beach to be affixed this 13th day of August, 1979.
Patr c L. Standing, Mayor
(ITEM II-F.2) ITEM #14045
On motion by Councilman Ferrell, seconded by Councilwoman Oberndorf, City Council
voted to ADOPT the following Resolution authorizing the City Manager to execute
a contract with the Tidewater Builders Association for the implementation of an
Electrician's Pre-apprenticeship Program.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, George R. Ferrell, Barbara Pi.
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
Reverend Barnett Thourogood appeared in favor of this Resolution
8/13/79
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The regular meeting of the Council of the City of Virginia Beach
Virginia, was held in the Council Chambers of the Administration Building
of the City of Virginia Beach on the 13 day of August , 1979.
On motion by Councilman Ferrell and seconded bycouncilwoman Oberndorf
the following resolution was adopted.
R E S 0 L U T I 0 N
WHEREAS, the fifth year Community Development Program provides
for the creation of training and employment opportunities for target
neighborhood residents; and
WHEREAS, training opportunities exist with small and minority
contractors perforining work under the rehabilitation program; and
WHEREAS, these contractors can not subsidize the training of
target neighborhood residents; and
WHEREAS, funds are available to provide training for target
neighborhoodresidents;
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
THAT the City Manager is hereby authorized to execute a contract
with the Tidewater Builders Association for the implementation of an
Electrician's Pre-apprenticeship Program.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
13 day of st 1979.
BM:JDB:er
8-6-79
8/-13/79
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(ITEM II-F.3) ITEM #14046
R E S 0 L U T I 0 N
WHEREAS, Federal Revenue Sharing was enacted in 1972, as a new approach
to solving State and local domestic problems, and was proclaimed across the
Country as the wave of the future; and
WHEREAS, Virginia Beach has received a total of $34,328,775 since the
beginning of the Program which has been used to finance 140 individual Capital
Improvement Projects; and
WHEREAS, most of these projects could not have been built at all or
would have been greatly delayed if it had not been for the Revenue Sharing
Program; and
WHEREAS, there appears to be growing sentiment in the Congress and
the Administration to eliminate or drastically change the program after its
current authorization expires in 1980; and
WHEREAS, Federal Revenue Sharing, which allows maxiMLIM flexibility
for States and localities, has been a Godsend to Virginia Beach in helping to
finance much needed projects and reducing the continuous strain on local taxes.
NOW, THEREFORE, BE IT RESOLVED, by the Council of the City of Virginia
Beach, that the President of the United States and the entire Virginia Congressional
Delegation are urged to continue a Federal Revenue Sharing Program so that maximum
financial assistance will be provided to local governments.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
13 day of August , 1979
On motion by Councilwoman Oberndorf, seconded by Councilman Holland, City Council
voted to ADOPT the above Resolution supporting the continuance of the Revenue
Sharing Program to localities; and, send copies to the President of the United
States and our entire Virginia Congressional Delegation.
Voting: 11-0
8/13/79
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
(ITEM II-H.1) ITEM #14047 CONSENT AGENDA
ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED TO BE ROUTINE BY THE
CITY COUNCIL AND WILL BE ENACTED BY ONE MOTION IN THE FORM LISTED.
On motion by Councilman Ervin, seconded by Councilwoman Oberndorf, City Council voted
to APPROVE the following Ordinance to amend Section 2-33 of the Code of the City of
Virginia Beach, Virginia, relating to definition for the Basic Pay Plan.
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 Na,/:
None
Council Members Absent:
None
8/13/79
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AN ORDINANCE TO AMEND SECTION 2-33 OF
THE CODE OF THE CI@-Y OF VIRGINIA BEACII,
VIRGINIA, RELATING TO DEFINITION FOR THE
BASIC PAY PLAN
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGIIIIA BEACH, VIPGINIA,
THAT SECTION 2-33 OF THE CODE OF THE CI-Y OF VIRGINIA BEACH IS P,@4EIlDED
BY ADDING NEW SUBSECTIONS (h), (i) AN@D (j) AS FOLLOT@S:
2-33(h) Regular Employee: A regular employee shall be del@ined
as an employee whose position is established bv action
of City Council, and whose funding comes in whole or
substantial part from the appropriation of City Council.
The pay, benefit, and working conditions of such positions
shall be regulated solely by the authority of local ordi-
nances adopted by City Council and policies, rules and regulations
established by the City Dianager.
(i) Grant Employee: A grant employee shall be defined as
an erployee whose position is established and funded
in whole or in part by a federal or state grant. The
pay, benefits and working conditions of such positions,
if not expressly provided for in the grant, rqay be
regulated by the authority of local ordinances adopted
by City Council and policies, rules and regulations
established by the City @lanager.
(j) Contract Employee: A contract employee shall be defined
as an employee whose position is established by written
contract between the City and either another agency or
the individual employee. T-he pay, benefits, and working
conditions of such positions shall be established by the
terms of the contract.
Adopted by the Council of the City of virginia Beach on:
August 13, 1979
t.??70VED AS TO FOPM
CI;Y ATTORNEY
8/13/79
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(ITEM II-H.2) ITEM #14048
Requested by: City Manager
AN ORDINANCE TO AMEND AND REORDAIN SECTION
22-212 OF THE CODE OF THE CITY OF VIRGINIA
BEACH PERTAINING TO THE CONSTRUCTION,
MAINTENANCE AND LOADING OF VEHICLES
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That Section 22-212 of the Code of the City of Virginia Beach is hereby
amended and reordained as follows:
Section 22-212. Construction, maintenance and loading must prevent
escape of contents; exemptions.
No vehicle shall be operated or moved on any highway unless such
vehicle is so constructed, aintained, and loaded as to prevent its contents from
droping, sifting, leaking or otherwise escaping therefrom; provided, however, that
no provision of this Section shall apply to any (i) motor vehicle which is used
exclusively for agricultural purposes and which is not operated on or over any
public highway for any other purpose other than for the purpose of operating it
across a highway or along a highway from one point of the owner's land to another
part thereof irrespective of whether or not the tracts adjoin; or (ii) to any
agricultural vehicle, tractor or other vehicle exempted from registration and
licensing requirements pursuant to SS46.1-45 of the Code of Virginia.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
13 day of st , 1979
On motion by Councilman Ervin, seconded by Councilwoman Oberndorf, City Council voted
to APPROVE the above Ordinance to amend and reordain Section 22-212 of the Code of the
City of Virginia Beach pertaining to the construction, maintenance and loading of
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 McCoy, Jr.,
Donald W. Merrick, Meyera E. Oberndorf, J. Curtis Payne,
Roger L. Riggs, and Mayor Patrick L. Standing
Council Members Voting Nay:
None
8/13/79
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Council Members Absent:
None
(ITEM II-H.3) ITEM #14049
On motion by Councilman Ervin, seconded by Councilwoman Oberndorf, City Council
voted to APPROVE the following Appointment of Viewers in the application of
Donald E. Washburn and Jerrold W. Hutton for the Petition for the closure of
a portion of C Street, in the Lynnhaven Borough.
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 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
8/13/79
-13-
IN THE MATTER OF CLOSING, VACATING AMD
DISCONTINUING A PORTION OF THAT CERTAIN
STREET OF VARIABLE WID'RH, KNOWN C C STREET,
AS SHUWN UPON THAT CERTAIN PLA-V ENTITLED
"PLAT SHOWING PORTION OF C STREET TO BE
VACATED, BETWEEN BLOCKS 3 AND 4, PLAT UF
WOODLAND (M.B.7, P.98) LYNNHAVEN BOROUGH-
VIRGINIA BEACH, VIRGINIA", WHICH PLAT 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 petitioners, Donald E. Washburn and Jarrold W. Hutt,n,
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, which is more specifically described on the attached Exhibit
marked "A" and by reference thereto, made a part hereof.
Said parcel of land being a portion of C Street, as indi-
cated on that certain plat entitled, "Plat showing Portion of C Street
to be vacated, between Blocks 3 and 4, Plat of Woodland (M.B.7,P.98)
Lynnhaven Borough-Virginia Beach, Virginia," which piat is attached
hereto and made a part hereot and intended to be recorded with the
Ordinance closing the aforedescribed street.
2. That no inc6nvenience will result to any persons by reason
of said closing, vacation, and discontinuance of said street; and the pe-
titioner prays that this Honorable Council appoint viewers as provided by
law to view said platted street proposed to be closed and to report in writ-
ing to the Council on or before the 24th day of September, 1979, as to whether
in the opinion of said Viewers, what inconvenience, if any, would result from
the discontinuance and closing of this portion of said street, as herein re-
ported and described.
-14-
3 That on the 1st day of August, 1979, Notice of the presenting
of this Application was posted at the Courthouse of tne Circuit c,urt t the
City ot Virginia )3each, Virginia, on tne premises to be closed, and at the
City Hali 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 Petitioners are the fee simple owners of land ajong
and adjacent to and affected by said portion of the platted street to be closed
and all others affected by this petition have signed the attached exhibit evi-
dencing their approval that C Street be closed.
d E. Washburn
rrold W. Hutton
-15-
ORDINANCE APPOINTING VIEWERS
WHEREAS, David E. Washburn and Jerrold W. Hutton have given due and
proper notice, in accordance with the statutes for such cases made and pro-
vided that they wiil on the 13th day ot August, 1979, apply to the City
Council of the City of Virginia Beach, Virginia, for the appointment of
Viewers to view tne below-described property and report in writing to the
Council whether, in the opinion of said Viewers, any, and if any, what in-
convenience would result from the discontinuance of the hereinafter described
portion of that certain street ot variable width, and has filed such appli-
cation with said Council.
NOW, THEREFORE, be it ORDAINED by the Council of the City of Virginia
Beach, Virginia:
THAT C. Oral Lambert,
Robert J. Scott and
David M. Grochmal are hereby
appointed to view the below described property and report in writing to the
Council on or before September 24, 1979, whether in their opinion, any, and if
any, what inconvenience would result in the discontinuing and vacating of a
portion of that certain street of variable width located in the City of Virginia
Beach, Virginia, and more particularly described on the attached Exhibit "A"
and by reference thereto, made a part hereof.
All the above as shown upon that certain plat entitied, "Plat showing
Portion of C Street to be vacated, between Biocks 3 and 4, Plat of Woodland
(M.B.7,P.98) Lynnhaven Borough-Virginia Beach, Virginia", which said plat is
attached hereto and made a part hereot and intended to be recorded with the
Ordinance closing the aforedescribed street.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
13 day of August 1979
-16-
(ITEM 11-H.4) ITEM #14050
1978-1979 1979-1980
Bayside Hospital $144.65 $149.61
Chesapeake General Hospital $147.71 $161.98
Children's Hospital of King's Daughters $163.85 $190.11
DePaul Hospital $153.87 $171.24
General Hospital of Virginia Beach $147.22 $168.80
Hampton General Hospital $133.23 $145.77
Lake Taylor City Hospital $ 54.66 $ 59.59
Louise Obici Memorial Hospital $112.07 $129.04
Maryview Hospital $138.80 $160.12
Medical College of Virginia $153.20 $177.03
Norfolk Community Hospital $ 99.63 $120.61
Portsmouth General Hospital $133.34 $149.00
Riverside Hospital $114.40 $130.65
University of Virginia $153.20 $177.03
Virginia Beach Department of Public Health
(Clinic Only) $ 12.00 $ 15.00 per visit
All clinic rates $ 12.00 $ 15.00 per visit
On motion by Councilman Ervin, seconded by Councilwoman Oberndorf, City Council voted
to APPROVE the above State-Local Hospitalization Contracts; and further authorized the
City Manager to execute the contracts on behalf of the City of Virginia Beach, Virginia.
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
8/13/79
-17-
(ITEM II-H.5) ITEM #14051
On motion by Councilman Ervin, seconded by Councilwoman Oberndorf, City Council
voted to APPROVE the Raffle Permit for the Princess Anne Business and Professional
Women's Club.
Voting: 11-0
Council Members Voting A@lle:
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 @layor Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
None
(ITEM II-H.6) ITEM #14052
On motion by Councilman Ervin, seconded by Councilwoman Oberndorf, City Council
voted to APPROVE the following Ordinance authorizing License Refunds upon
application of certain persons and upon certification of the Commissioner of
the Revenue:
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
8/13/79
AN ORDINANCE AUTHORIZI,4G LICENSE REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF TIIE CONIMISSIONER
OF THE REVENUE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BF-ACH, VIRGINIA.:
That the following applicatioris for license refunds, upon certification of
the Commissioner of the Revenue are hereby approved:
LICENSE DATE
IJ.AME y@ PAID BASE PENALTY INT. TOTAL
Alfred Johii Croft 1978 See Audit Statement 40.00
Business Careers,Inc 1978 See Audit Statement 107.45
Patil Buell 1979 7/28/79 50.00 50.00
Aqiia-SIDorts,Iiic. 1979 5/25/79 28.75 28.75
Benutc) Erit., Inc. 1978 See Audit Statement 36.92
Joy E. @,7Qlton 1-979 5/21/79 25.00 25.00
Jo@iii 1'. Giles 1978 See Audi.t Statement 117.00
Malcolm T. Shelton 1979' 5/24/79 125.07 125.07
Paul D. lirkpatri.ck
and '7ermillion 1979 6/25/79 145.50 145.50
Ivari D. @lapp-
Commissioner of Rev@,,L/V
Approved as to form:
J. Dale Bimson
City Attorney
The above abatem.ent(s) totaling $675.69 were approved by the Council
of the City of Virginia Beach on the day of 19 Z/,
Ruth Kodcjes Smith
City Clerk
.-19-
(ITEM II-I.1) ITEM #14053 PLANNING ITEMS
Mr. Grover C. Wright, Jr., Attorney, represented the applicant
On motion by Vice Mayor McCoy, seconded by Councilman Ferrell, City Council voted
to uphold the recommendations of the Planning Commission and the City Manager and
APPROVE the following Ordinance upon application of Robert L. and Margaret C.
Stephenson for a from R-5 Residential
District to 0-1 Office District:
AN ORDINANCE UPON APPLICATION OF ROBERT L. Z0879441
AND MARGARET C. STEPHENSON FOR A CHANGE OF
ZONING DISTRICT CLASSIFICATION FROM R-5
Residential District TO 0-1 Office District
BE IT ORDAINED BY THE CO(JNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA,
THAT:
An Ordinance upon application of Robert L. and Margaret C. Stephenson for a Change
of Zoning District Classification from R-5 Residential District to 0-1 Office
District on certain property located on the East side of Princess Anne Road,
beginning at a point 330 feet more or less South of Hanover Drive, running a distance
of 155.6 feet along the East side of Princess Anne Road, running a distance of 516.1
feet along the Southern property line, running a distance of 369.2 feet along the
Eastern property line and running a distance of 472.2 feet along the Northern property
line. Said parcel contains 2.86 acres. Kempsville Borough
Approval is subject to the following conditions in conjunction with the intended use
of the land:
1. A 20-foot buffer along the Northern and Eastern property lines
to remain R-5 Residential District.
2. Standard improvements as required by the Site Plan Ordinance.
3. City water and Sewer.
4. A bond for right-of-way improvements along this site's frontage
on Princess Anne Road will be required.
This Ordinance shall be effective upon date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
13 _ day of ust 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 8/13/79
-20-
(ITEM II-I.2) ITEM #14054
The agenda erroneously showed the Planning Commission's recommendation for "approval"
which should have been shown as "DENIAL".
Mr. H. Calvin Spain, Attorney, represented the applicant
The following appeared in opposition:
Mr. Tom Mannix
Mrs. Pat Mannix
Vice Mayor McCoy made a motion, seconded by Councilman Ferrell, to APPROVE the
Ordinance upon application of National Pride Equipment, Inc., for a Conditional
Use Permit for a car wash.
Voting: 5-6
Council Members Voting Aye:
John A. Baum, George R. Ferrell, Clarence A. Holland, Vice Mayor
J. Henry McCoy, Jr., and J. Curtis Payne
Council Members Voting Nay:
F. Reid Ervin, Barbara M. Henley, Donald W. Merrick, Meyera
E. Oberndorf, Roger L. Riggs, and Mayor Patrick L. Standing
Council riembers Absent:
None
THE ABOVE MOTION TO APPROVE THE APPLICATION OF NATIONAL PRIDE EQUIPMENT, INC.,
FOR A CONDITIONAL USE PERMIT FOR A CAR WASH WAS LOST.
ITEM #14054(a)
On motion by Councilman Ervin, seconded by Councilwoman Oberndorf, City Council voted
to uphold the recommendations of the Planning Commission and the City Manager and
DENY the following Ordinance upon application of National Pride Equipment, Inc., for
a Conditional Use Permit for a car wash.
Voting: 6-5
Council Members Voting Aye: (for denial)
F. Reid Ervin, Barbara M. Henley, Donald W. Merrick, Meyera
E. Oberndorf, Roger L. Riggs, and Mayor Patrick L. Standing
Council Members Voting Nay:
John A. Baum, George R. Ferrell, Clarence A. Holland, Vice Mayor
J. Henry McCoy, Jr., and J. Curtis Payne
Council Members Absent:
None
8/13/79
-21-
An Ord i na nce upon Appl i cation of National Pri de Equipment, In c. , for a Condi tio nal Use
Permit for a car wash on certain property located on the East side of South Witchduck
Road beginning at a point 170 feet more or less South of Brady Court, running a distance
of 120.21 feet along the East side of South Witchduck Road, running a distance of 168.81
feet along the Southern property line, running a distance of 142.88 feet along the East-
ern property line and running a distance of 240.31 feet along the Northern property line.
Said parcel contains .617 acre. Kempsville Borough
This application was denied as it was felt the proposed use is inappropriate for
this site.
DENIED: August 13, 1979
(ITEM II-I.3) ITEM #14055
Mr. Terry Robinson appeared regarding his application
On motion by Councilman Payne, seconded by Councilman Baum, City Council voted to
uphold the recommendations of the Planning Commission and the City Manager and
APPROVE the following Ordinance upon application of Terry Robinson for a ConditiGnal
Use Permit for a residential kennel.
ORDINANCE UPON APPLICATION OF TERRY ROBINSON R0879258
FOR A CONDITIONAL USE PERMIT FOR A residential
kennel
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA,
that:
Ordinance upon application of Terry Robinson for a Conditional Use Permit for a
residential kennel on certain property located on the North side of Elbow Road
beginning at the intersection with Indian River Road, running a distance of 50
feet along the North side of Elbow Road, running a distance of 176 feet in a
Northerly direction, running a distance of 182.6 feet in an Easterly direction,
running a distance of 767.7 feet along the Eastern property line, running a dis-
tance of 352.2 feet along the Northern Oroperty line, running a distance of 750
feet along the Western property line, running a distance of 156 feet in an Easterly
direction and running a distance of 178.63 feet in a Southerly direction. Said
parcel contains 6 acres more or less. Princess Anne Borough.
Approval is subject to the following conditions in conjunttion with the intended use
of the land:
1. Approval is for a period of TWO YEARS.
2. Compliance with Article 2, Section 223 of the Comprehensive
Zoning Ordinance pertaining to Animal Hospitals, Pounds,
Shelters, Commercial and Residential Kennels
This Ordinance shall be effective upon date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
13 day of ust , 1979
Voting: 11-0
8/13/79
-2 2-
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 14. Merrick, Meyera E. Oberndorf, J. Curtis Pa3,ne,
Roger L. Riggs, and Mayor Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
None
(ITEM 11-1.4) ITEM #14056
Mr. Donald L. White appeared regarding his application
Mrs. Shelia Price, President of Sandbridge Beach Civic League, appeared in
opposition.
On motion by Councilman Payne, seconded by Councilman Holland, City Council voted
to uphold the recommendations of the Planning Commission and City Manager and APPROVE
the following Ordinance upon application of Donald L. White for a Conditional Use Permit
for dune disturbing activity:
ORDINANCE UPON APPLICATION OF DONALD L. WHITE R0879259
FOR A CONDITIONAL USE PERMIT FOR dune disturbing
activity
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA,
THAT:
Ordinance upon application of Donald L. White for a Conditional Use Permit for dune
disturbing activity on certain property located on fhe East side of Tand-fiddler Road
beginning at a point 150 feet South of Swordfish Lane, running a distance of 100 feet
along the East side of Sandfiddler Road, running a distance of 220 feet along the
Southern property line, running a distance of 100 feet along the Eastern property line
and running a distance of 220 feet along the Northern property line. Said parcel
contains .505 acre. 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. Approval for City water and septic tank.
3. No removal or disturbance of beach sand seward of elevation
+13.5 feet.
4. The primary dune is to be reconstructed immediately seaward of
the proposed structure in-line with the tied-in to the dune
systems to the north and south of this site.
5. The new dune is to have a minimum height of elevation +16 feet.
6. The seaward toe of the new dune is to be 30 feet landward of
mean high water.
8/13/79
-2 3-
7. The reconstructed dune is to be stablilized with sand fencing
and American Beach Grass.
This Ordinance shall be effective upon date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
13 day of u ust 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 llembers Voting Nay:
None
Council Members Absent:
None
8/13/79
-24-
(ITEM II-I.5) ITEM #14057
Mrs. Gladys M. Sherman appeared regarding her application.
Mrs. Susan W. Woodward appeared in opposition
On motion by Councilwoman lienley, seconded by Councilman Baum, City Council voted
to uphold the recommendations of the City Manager and DENIED the following request
of Frank E. and Gladys M. Sherman for variances to Sections 4.1(m), 5.4 and 5.5 of
the Subdivision Ordinance, which requires minimum street pavement widths, street
lights, curb and gutter, and storm sewers:
Subdivision Variance: Appeal from Decisions of Administrative Officers in regard
to certain elements of the Subdivision Ordinance, Subdivision for Frank E. Sherman
and Gladys M. Sherman. Property located on the South side of South Stowe Road,
2894 feet West of Princess Anne Road.
Voting: 11-0
Council Members Voting Aye: (for denial)
John A. BALIM, F. Reid Ervin, George R. Ferrell, Barbara M.
Ilenley, Clarence A. Holland, Vice Mayor J. []enry 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
8/13/79
-25-
(ITEM 11-1.6) ITEM #14058
Mr. William Cox, Attorney, represented the applicant. Mr. Cox presented to the
City Clerk a letter from Doctor James P. Charlton indicating the applicant's
grandmother should not be left alone. (A copy is on file in the Office of the
City Clerk)
On motion by Councilwoman Henley, seconded by Councilman Baum, City Council voted
to DENY the following request of Mar@/ Ann Chappelle for a variance to Section 4.4
(b) of the Subdivision Ordinance which requires lot dimensions to conform to the
Comprehensive Zoning Ordinance:
Subdivision Variance: Appeal from Decisions of Administrative Officers in regard
to certain elements of the Subdivision Ordinance, Subdivision for Mary Ann
Chappelle. Property located on the West side of Princess Anne Road, 2720 feet
South of Stowe Road.
Voting: 10-1
Council Members Voting Aye: (for denial)
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
Council Members Voting Nay:
Vice Mayor J. Henry McCoy, Jr.
Council Members Absent:
None
8/13/79
-2 6-
(ITEM II-I.7) ITEM #14059
Mr. Robert J. Scott, Planning Director, spoke on this matter
On motion by Councilman Payne, seconded by Councilman Baum, City Council voted to
uphold the recornmendations of the Planning Commission and the City Manager and
APPROVE the following Ordinance to amend and reordain Article 4, Section 401 of
the Comprehensive Zoning Ordinance pertaining to use regulations in the AG-1
Agricultural District.
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
8/13/79
-27-
AN ORDINANCE TO AMEND AND REORDAIN
ARTICLE 4, SECTION 401
OF THE COMPREHENSIVE ZONING ORDINANCE
PERTAINING TO USE REGULATIONS
IN THE AG-1 AGRICULTURAL DISTRICT
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That Article 4, Section 401(c), Conditional uses and structures, of the
C.Z.O. is amended and reordained as follows:
(c) Conditional uses and structures: Uses and structures herein-
after specified; subject to compliance with the provisions of
Part C of Article 2 hereof:
(23) Retail sales of garden supplies, equipment, and material,
as a subsidiary use to a plant nursery;
(24) @234 Riding academies, horses for hire or boarding;
(25) k244 Storage, offices or maintenance installations for
public utilities;
(26) @254 Television or other broadcasting stations and line-of-
sight relay devices;
(27) @264 Lodges for fraternal organizations;
(28) @274 Two family detached dwellings.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
13 day of Pugus t 1979.
APPROXFD AS TO COUT@
;t 70 710 R.ORM
CITY AT FORNEY
8/13/79
-28-
(ITEM II-1.8) ITEM #14060
COUNCILMAN FERRELL LEFT COUNCIL CHAMBERS
Mr. Grover C. Wright, Jr., Attorney, represented the applicant
On motion by Councilman Payne, seconded by Councilman Holland, City Council voted
to uphold the recommendations of the Planning Commission and the City Manager and
APPROVE the following Ordinance upon application of Aubre', L. Lane for a Conditional
Use Permit for retail sales of garden supplies, equipment, and material, as a
subsidiary use to a plant nursery.
ORDINANCE UPON APPLICATION OF AUBREY L. LANE R0879260
FOR A CONDITIONAL USE PERMIT FOR retail sales
of garden supplies, equipment, 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 Aubrey L. Lane for a Conditional Use Permit for retail
sales of garden supplies, equipment, and material, as a subsidiary use to a plant
nursery on certain property located on the East side of Holland Road beginning at a
point 325.14 feet South of Shipp's Corner Road, running a distance of 179.91 feet
along the East side of Holland Road, running a distance of 510.07 in an Easterly
direction, running a distance of 60 feet in a Northerly direction, running a distance
60 ff,et in a Northerly direction, running a distance of 810.16 feet in an Easterly
direction, running a distance of 120 feet along the Eastern property line and running
a distance of 1320.16 feet along the Northern property line. Said parcel contains
4.339 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. A sewage disposal system as approved by the City Health
Department.
3. A bond for right-of-way improvements along this site's frontage
on Holland Road will be required.
4. The necessary downstream easements and improvements.
5. A dedication of right-of-way and temporary construction easement
along this site's frontage on Holland Road as shown on the plans
on file in the City Engineering Division (a variable right-of-way
dedication).
Voting: 10-0
Council Members Voting Aye:
John A. Batim, F. Reid Ervin, Barbara M. Henley, Clarence A.
I-Iolland, Vice Ma,lor J. Henr,,, McCoy, Jr., Donald W. Merrick,
Meyera E. Oberndorf, J. Curtis Payne, Roger L. Riggs, and
Mayor Patrick L. Standing
8/13/79
-29-
Council Members Voting Nay:
None
Council Members Absent:
George R. Ferrell
(ITEM II-J.2.a) ITEM #14061 SECOND READINGS
COUNCILMAN FERRELL RETURNED TO COUNCIL CHAMBERS
On motion by Councilwoman Oberndorf, seconded by Councilman Holland, City Council
voted to APPROVE on SECOND READING the following Ordinance to appropriate $13,998
to the Tidewater Emergency Medical Services (TEMS) Council, Inc., for its continued
operation.
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 Na,,:
None
Council Members Absent:
None
8/13/79
- 30-
AN ORDINANCE TO APPROPRIATE $13,998
TO THE TIDEWATER EMERGENCY MEDICAL
SERVICES (TEMS) COUNCIL, INC. FOR
ITS CONTINUED OPERATION
WHERE&S, the Tidewater Regional Health Planning Council
(TRHPC), Inc. has disscived and has refunded to the City of
Virginia Beach $13,998 which is that portion of their escrow
fund balance which was contributed by the city, and
WHERFAS, the Tidewater Emergency Medical Services (TEMS)
Council, Inc. has continued certain functions of the TRHPC as
well as provide other emergency services to the city's hospitals
and rescue squads, and
WHEREAS, it is the desire of City Council to contribute
the TRHPC furids to TM4S in order to assist TEMS in its
administrative costs and regional training programs for an
additional year beyond the life of its Federal grant and while
it seeks permanent funding sources.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH,
That funds of $13,998 a figure representing the TRHPC
refuncl be appropriated from the General Fund Balance and
provided to TEMS for the purpose of assisting TENS during the
next year as stated.
Adopted by the Council of the City of Virginia Beach, Virginia
on this 13 day of August 19 79
First Reading: August 6, 1979
Second Reading: August 13, 1979
APPROVED AS TO Cl'-
SIGNATURE
D,PA'I-CMEi4T
@'s 7 r
CITY CD,:
- 31-
(ITEM II-J.2.b) ITEM #14062
On motion by Councilman Ferrell, seconded by Councilman Baum, City Council voted to
APPROVE on SECOND READING the following Ordinance to appropriate additional funds,
in the amount of $3,227, 898 for Fiscal Year 1980 for the payment of purchase orders
brought forward from Fiscal Year 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 @,',embers Absent:
None
8/13/79
- 32-
AN ORDINANCE TO APPROPRIATE ADDITIONAL
FLJNDS FOR FISCAL YEAR 1980 FOR THE
PAYMENT OF PURCHASE ORDERS BROUGHT
FORIA'ARD FF.01@ FISCAL YEAR 1979
WHEREAS, during the course of business in fiscal year 1979,
purchase orders or contracts were issued committing the city to
purchases of materials, supplies, equipment or services for use
by several departments, divisions, or bureaus and,
WHEREAS, these purchase orders or contracts were charged
to appropriations previously authorized for "he fiscal year ended
June 30, 1979 so as to reduce the unencumbered balance of those
appropriations and,
WHEREAS, on June 30, 1979 there were purchase orders or
contracts totaling $3,227,898 for which materials, supplies,
equipment or services had riot been ,elivered or invoiced,
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, that the funds totaling $3,227,898 unexpended
and represented by purchase orders outstanding on June 30, 1979
be reappropriated as additions to fiscal 1980 appropriations to
the respective departments, divisions or bureaus of the city so
that upon the delivery of the materials, supplies, equipment or
services, there shall be sufficient funds to make payment. These
funds shall be appropriated from the following respective fund
balances:
General $1,718,893
Water & Sewer Fund 294,524
Golf Course Enterprise Fund 1,930
Farmers Produce Market Fund 95
School operating Fund 1,212,456
Total Appropriations $3 227 898
This ordinance shall be effective from the date of its passage.
First Reading: August 6, 1979
Second Reading: August 13, 1979 A"ROVED AS To CoNTIM-r
- 33-
(ITEM II-J.2.c) ITEM #14063
On motion by Councilman Payne, seconded by Councilman Baum, City Council voted to
APPROVE on SECOND READING the following Ordinance to appropriate $12,442 to the
Accomac-Northampton Transportation District Commission for the continuation of
rail service on the Delmarva Line.
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
8/13/79
34--
AN ORDINA-NCE TO APPROPRIATE $12,442
TO THE ACCOMACK-NORTRAMPTON TRANSPORTATION
DISTRICT COMMISSION FOR THE CONTINUATION OF
RAIL SErj,'ICE ON TF-E DELMARVA LINE
WHERF.AS, the Accomack-Northampton Transportation District
Commission has requested the City of Virginia Beach to participate
in the cost of supporting continued rail service on the Delmarva
Line between Pocomoke City, 1,,,aryland and the City of Norfolk,
Virginia and passing through the City of Virginia Beach; and
WHERFAS, the amount of support requested is $12,442 which is
approximately the amount of real and personal property taxes
received by the City of Virginia Beach from the rail facilities
during the period January 1, 1978 to Decend)er 31, 1978; and
WHEREAS, the City of Virginia Beach desires to enter into
contract with the Tidewater Transportation District Commission for
the transmittal of these funds to the Accomack-Northampton Transporta-
tion District Commission:
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BFACH, VIRGINIA:
That the City Manager is hereby authorized to enter into a
contract with the Tidewater Transportation District Coinmission for
the purpose of traii@-mitting $12,442 to the Accomack-Northampton
Transportation District Commission; and
That $12,442 is hereby appropriated from the General Fund
Balance for this purpose.
Adopted by the City Council of the City of Virginia Beach, Virginia
on this 13 day of August 1979
First Reading: August 6, 1979
Second Reading: August 13, 1979
APPROVED AS TO CONTENT
SIGNATURE
D"PA,',TMFA @l
IIGI@
CITY A-,
- 35-
(ITEM II-J.2.d) ITEM #14064
On motion by Councilwoman Oberndorf, seconded by Councilman Payne, City Council
voted to APPROVE on SECOND READING the Ordinance to accept Grants totaling $42,201
from the Division of Justice and Crime Prevention and to appropriate these funds.
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
8/13/79
- 36-
AN ORDINANCE TO ACCEPT GRANTS
TOTALLING $42,201 FROM THE DIVISION
OF JUSTICE AND CRINE PREVENTION AND
TO APPROPRIATE THESE FUNDS
WHEREAS, the Police Department wishes to continue its Police
training Program for selected members of the Department, and
WHEREAS, the Sheriff's Department wishes to continue its expanded
Jail Paramedic Program, and
WHEREAS, the Division of Justice and Crime Prevention (DJCP) has
awarded the City two grants for funding the above programs.
NOW, THEREFORE, BE IT ORDATNED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
That the City Manager is hereby authorized to accept grants for
the City, and funds are hereby appropriated, for the following purposes:
Estimated Revenue Local Total
From Other Agencies Match Appropriations
Police Training $19,000 $1,000 $20,000
Jail Paramedic 15,565 6,636 22,201
Total $34_565 $7_636 $42_201
BE IT FURTHER ORDAINED that the appropriations be financed
by $25,165 estimated revenue from the DJCP, $9,400 from the Virginia Depart-
ment of Corrections, and a local cash match of $7,636 from the City's
Unappropriated Fund Balance, and
That two personnel positions arehereby authorized for the duration
of the grant, to be paid from the grant, with the class of employees to be
determined by the City Manager.
FIRST READING: August 6, 1979
SECOND RFADING: August 13, 1979
Adopted by the Council of the City of Virginia Beach on the 13
day of August 1979. "PROVED AS TO CONTI:NT
SIGNATURE
P@@,T INT
8/13/79
- 37-
(ITEM II-J.3.a.1) ITEM #14065 FIRST READING
Reverend Barnett Thorogood appeared in favor of this matter
On motion by Councilman Ferrell, seconded by Councilman Holland, City Council voted
to APPROVE on FIRST READING the following Ordinance to appropriate $41 000 from the
General Fund Balance to purchase land at Seatack for a Community Center and
to pay for a title search on this property.
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
8/13/79
- 38-
TO,APPROPRIATE $41,000 FRO14 TIIE GEITERAL
FUND BALAI@CE TO PL@RCHASE 1,AND AT SEATACK
FOR A COI@ITY CENTER
WHEREAS, the citizens of Seatack are desirous of having a
Cormunity Center located near their neighborhood, and
WHEREAS, a parcel of land 210' wide and 708' deep consisting
of more than three acres situated on South Birdneck Road has been
offered for sale at $11,000 per acre, and
WHEREAS, this site is located between two parcels of land
recentLy purchased from the Mundy and Potter families, respectively
and is considered suitable for the locatioii of the Seatack CommuiAity
Center
!,'.OW, Till,"REFOIIE BE IT ORDAINI@"D BY TliZ CGIJIICII, OF Tifl, Cl-,Y OF
VTRGITIT-A "i-,ACII tliat $41,000 b, appropriate(I froin tl)C (;;31icral Fund
Balance to pay for tlie purcliase of the sitc, anci tle cost of the
title searcti.
Adopted by the CoLincil of tlic, City of Vii-giiiia Bcacil, \'irginia
on tliis day of
19
First Reading:_ At@gust 13, 1979
Second Reading:
All,'7,,,)VED AS TO CON-,L-NT.@
St@NATURE
-,- ,,-A E, T
AS TO FO@,M
CITY ATTORI@@'y,
- 39-
(ITEM II-J.3.b.1) ITEM #14066 BIDS
The following bids have been received from the North Virginia Beach Sanitary
Sewerage and Water Systems Contract 2-B:
Suburban Grading and Utilities, Inc. $1,421,714.80
A. Stuart Bolling Company, Inc. $1,431,415.00
A & W Contractors, Inc. $1,492,624.00
A. Stanley Mundy & Company $1,637,195.05
Floyd B. Smith Contracting, Inc. $1,935,198.90
Engineer's Estimate $1,471,335.00
On motion by Councilman Merrick, seconded by Councilman Ervin, City Council voted
to approve the low bid of Suburban Grading and Utilities, Inc., in the amount of
$1,421,714.80, for the North Virginia Beach Sanitary Sewerage and Water Systems,
Contract 2-B; and further authorized the City Manager to enter into the necessary
agreements for the implementation of this project. -Funds are available.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, George R. Ferrell, Barl)ara M.
Henley, Clarence A. Holland, Vice Mayor J. Henry McCoy, Jr.,
Donald W. Merrick, Meyera E. Oberndorf, J. Curtis Payne,
Roger L. Riggs, and rlayor Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
None
8/13/7q
-40-
(ITEM II-J.3.c.1) ITEM #14067 GRANTS-FIRST READING
On motion by Councilwoman Oberndorf, seconded by Councilrnan Baum, City Council voted
to APPROVE on FIRST READING the following Ordinance to accept a Grant totaling $7,043
from the Southeastern Virginia Planning District Commission and to appropriate these
funds.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, George R. Ferrell, Barbara ti.
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
8/13/79
-41-
AN ORDINANCE TO ACCEPT A CRANT
TOTALLING $7,043 FROM TIIE SOUTli-
EASTERN VIRGINIA PLANNING DISTRICT
COMMISSION AND l'O APPROPRIATE
TliESE FUNDS
WHEREAS, the Department of Planning desires to hire a graduate
student as a part-time intei@n, and
WliEREAS, tlie Soutlicistern Virginia Planning District Commission
(SVPDC) has agreed to act as a pass-tlirough for federal funds from the
Departm,-@nt of Ilotising anci LTi:])an Dc,,v(,Iopmunt (HUD) to retain a planning
intern.
NOW, TT 01@Al,@ED BY I'liE COUNCIL OF TIIE CITY OF
VIRGINIA BYACII, VIRCII@IA:
TliaL the City i,; her(@by aijtliori@ed to @iccept the grant for
the City, and flinds lierel,v @ipl,rcpriatLd for thu fc)llowing purpose:
Estiji@,it,,d Local Total
Froii, OL!i.-@r A,,c,iacie.@ M,,itch @3iL@iat.i.oiis
Planiiin@, Int(@ril $2,3/@8 $ 7_0
BE IT FUI@T]II]l tliat tlic apl)ropriations will be finliiced
by $4,695 estiinated r(,VC')Itl(l 1:1:om tlic, SVPI)C, aiid a local iii-kiild match of
$2,348, provided in tli(-, fori@, of 3tiff supervisit)n.
FIRST RFADING: At)gt,,s t I 1 979
SECOND RLADING:
Adopted by tlie CoLtiicil of the Citv of Virginia Beach on the
day of 1979.
-42-
(ITEM II-J.4.a) ITEM #14068 CODE AMENDMENTS
As stated in the INFORMAL SESSION, the City Attorne,/ was requested to amend the
Towing Ordinance to reflect the $3.00 storage charges tO .)e effective after
the FIRST twenty-four (24) hour period.
The City Attorney read the following amendment to the proposed Ordinance:
"For any tow truck service or operator
to charge more than $3.00 per twenty-
four (24) hour period for storage
charges, after an initial period of
twenty-four@24) hours, for a vehicle
removed from private property without
the consent of the owner or custodian
of the vehicle."
Mr. Cary Karageorge appeared regarding this matter, and indicated he is not opposed
to the proposed Ordinance; however, the parking situation is the problem and the
Board of Zoning Appealsdbesnot offer any solutions when they permit restaurants
to have small parking areas @hen needed.
Mr. Karageorge further indicated parking could have been used at the Trailways
Bus Station and the Fuel Feed Hardware Store.
Mr. Richard McCuiston, representing Rick's Towing Service, appeared in opposition
to the proposed Ordinance.
On motion by Councilman Riggs, seconded by Councilman Merrick, City Council voted
to APPROVE the following Ordinance to amend Chapter 22 of the Code of the City of
Virginia Beach b@'t adding thereto provisions pertaining to Tow Truck Service Operations.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, George R. Ferrell, Barbara M.
Henley, Clarence A. Holland, Vice Ma@tor 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
8/1 3/79
-4 3-
Requested by: City Council
AN ORDI@IANCE TO AMEND CHAPTER 22 OF THE
CODE OF THE CITY OF VIRGINIA BEACH BY
ADDING THERETO PROVISIONS PERTAINING TO
TOW TRUCK SERVICE OPERATIONS
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That Chapter 22 of the Code of the City of Virginia Beach, Virginia,
is hereby amended by adding thereto the following sections:
Section 22-149.2. Tow Truck Service Operations - Definitions.
Unless a different meaning is required by the context, the following
terms as used in this ordinance shall have the meaning hereinafter respectively
ascribed to them:
(a) "Tow Truck Service" means a person engaged in the business
of providing the services of one or more wreckers for hire
or used to tow, transport or move motor vehicles on public
streets or on or from private property by way of public streets.
(b) "Person" is a natural person, firm, partnership, association
or corporation and their leaal successors.
(c) "Operator" means any person operating a tow truck for a tow
truck service.
Section 22-149.3. Same - Enforcement of private parking by towina.
Each owner of private property conducting a business and offering
parking to customers who intends to enforce p4rking restrictions by the use
of tow truck service shall post, at each point of ingress and egress to the
parking area, clearly legible signs containing the following wording:
PRIVATE PARKING
CUSTOMERS ONLY
-F
@l, NFORC D
Unauthorized cars towed at owner's expense - $ a
5.00 ni ht. d information
conc in re rn o ar if to@d,
The siqns shall be at least 36" in width and 30" in height,
Lettering for the top three lines shall be at least 3" in heiqht and for
all other lines, at least 11-@" in he sign shall be
composed of high intensity reflectorized sheeting or like material.
Section 22-149.4. Same - Tow truck service storage yard operation.
(a) At the storage yard of each tow truck service, there shall
be a sign prominently displayed speci@ying tow and storage
rates.
(b) If an attendant is not on duty 24 hours a day, seven days
a week, to return cars upon the payment of towing and storage
charges, the sign provided for in subsection (a) hereof shall
also contain a telephone number where the owner, manager or
attendant of the tow truck service storage yard may be reached
at any time so that a towed car may be reclaimed by its owner
in a minimum amount of time not to exceed two hours.
8/13/79
-44-
(c) Each tow truck service storage yard shall provide reasonable
security and protection for all cars towed including a fence
enclosing the storage yard.
Section 22-149.5. Same - Police to be notified.
Prior to or simultaneously with the removal of any car by a tow
truck service operator, the Police Dispatcher shall be notified in accordance
with the provisions of Section 22-149.
Section 22-149.6. Sarne - Tow truck service operator's log.
Tow truck service operators shall keep a log of all cars towed
including the make, model and year, if known, of the car; its license number
and state of issuance; time and date of tow; and for each entry of tow, the
signature of the owner of the private lot or his representative requesting
and authorizing the tow shall be required. A letter of authorization shall
be sufficient to meet this requirement. Such log shall be available for
inspection by the City of Virginia Beach Police Department during normal
business hours of the tow truck operator. Failure to keep such a log shall
be unlawful.
Section 22-149.7. Ilegal Towing-
Except when a tow truck service or operator is acting as an agent
in the leqal redossession of a vehicle, it shall be unlawful:
a) for any tow truck service to tow or otherwise move a vehicle
from street without either the
consent o t e owner or custodian t uthorization bv
the police or other designat d official of the city,
b) for any tow truck service or operator to block the movement
of, tow or otherwise move a vehicle
driveway or any other privately own(
the city except;
1. when requested to so so b
vehicle;
2. u perform such towi'nq service
b,y an owner, his agen or licen
e
t
move
ess
he
d
such
vehic i prior notification
to an ment;
d) for a r to block the movement
of an he wrecker
and t vement thereof by its owner
or cu sires to move the vehicle;
-2-
8/1 3/79
-A5-
e) for any tow truck service or operator to refuse to release a vehicle
to its owner or custodian after it has been prepared for towing
rom any private property upon demand for and in receipt of a
service fee not to exceed that fee as prescribed in Section 2-149.7(f)
of the City Code;
f) for any tow truck service or operator to charge a basic fee of more
than $n.00 for towing betw-een the hours of 7:00 a.m.
and@f5-00 for towing between the hours of 7:00 p.m. and 7:00 a.m.,
plus a maximum additional fee for the use of the accessory equipment
or service not to exceed $10.00 when necessary to move or prepare
for movement of a vehicle from any private or public property i@thout
the prior consent an agreement 6 t e owner or custo ian o t e
vehicle to be moved or toie ,
g) for any tow truck service or operator to charge more than $3.00
per twenty-four (24) hour 'er.01 for storae clar,es, after an initial period
v,
of twenty-four (Z4) hors, fr a 'hicle removed om @lya
out the consent of the owner or custodian of the vehicle;
h) for any tow truck service or operator to charge any fee for inileag-e
in addition to the basic towing fee set forth in
when the vehicle is being taken without the consent of the owner
or custodian of the vehicle;
i) for the owner, operator, licensee or driver of any wrecker to dri.ve
along any street to solicit towing or to engage in cruising to patrol
or police private property, or without first obtaining consent of
the Police Department in writing to wait for employment by standina
or parkin
j) for the owner, operator, licensee, or driver of any wrecker to
tow or otherwise move a vehicl@ from any privately owned lan or
property within the city n I@s, said land or property s proper@y
signed in accordance with Section 22-149.3 of the City Code.
Section 22-149.8. Same - Procedure when owner returns after tow truck service
arrives, but before tow is started.
If the owner of any car not authorized to be parked in a private lot
returns after a tow truck service has arrived but before the car has been towed
from the private lot, the owner thereof may reclaim his car by paying an amount
not to exceed the minimum towing fee, but no storage charge may be required.
Section 22-149.9. Sanie - Signs on tow trucks.
All tow trucks operated by a tow truck service shall display the name,
address and telephone number of the operator thereof on both sides of said tow
truck in letters large enough to be readily legible, but in no case less than
one inch in height.
Section 22-149.10. Same - Penalty for violation.
It shall be unlawful for any person to violate or refuse, fail or neglect
to comply with any of the above provisions concerning tow truck service operation.
Each day of any violation of the provisions of any s6c-Cio-n -6f--fhi-s -C@Fina-n@-----
(sections 22-149.2 through 22-149.10) shall constitute a separate violation.
Any person found guilty of violating any provision of this ordinance
shall be guilty of a Class I misdemeanor.
-3-
8/13/79
-46-
Section 22-149.11. Same - Applicability
The provisions of Sections 22-149.2 through 22-149.9 shall apply only
to tow truck services which tow vehicles on or from privately owned lots or
property at the request of the owner of such lot or property and without the
consent of the owner of the vehicle towed.
This Ordinance shall become effective on September 1, 1979.
Adopted by the Council of the City of Virginia Beach on the 13
day of u ust 1979
JDB:er
8-6-79
8/14/79
-4-
8/13/79
-47-
(ITEM II-L.1) ITEM #14069 NEW BUSINESS
On motion b@t Councilman Riggs, seconded by Councilman Holland, City Council voted
to APPROVE the following Ordinance authorizing the City Manager to reduce water
rates from April to November 1979 and to pro-rate billings.
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
8/13/79
-49-
-48-
REQUESTED BY: City Council
AN ORDINANCE AUTHORIZING CITY
MANAGER TO REDUCE WATER RATES
FROM APRIL TO NOVEMBER 1979
AND TO PRO-PATE BILLINGS
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the City Manager is authorized to reduce water rates by $.042 per
thousand gallons on water service billed subsequent to September 1, 1979 for the
same number of service days previously billed at $.942 per thousand gallons on
water consumed prior to July 1, 1979.
An emergency exists and this ordinance shall be effective from date of
adoption.
Adopted by the Council of the City of Virginia Beach on the 13
day of Augiist 13, 19 79 -
8/13/79
8/13/79
8/1 3 / 79
-49-
(ITEM II-L.2) ITEM #14070
Mr. and Mrs. Hansford E. Tate appeared regarding their request for a free-standing
mobile home on the property of Mrs. Laura C. Adams.
Mrs. Laura r
.. Adams appeared in favor
Mr. Maury Riganto appeared in opposition of the proposed request.
On motion by Councilman Payne, seconded by Councilman Baum, City Council voted
to APPROVE the request of Mrs. Laura C. Adams for a free-standing mobile home
subject to a TIAO (2) year limitation.
Voting: 5-6
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, Clarence A. Holland, J. Curtis
Payne, and Mayor Patrick L. Standing.
Council Members Voting tla,,:
George R. Ferrell, Barbara M. Henley, Vice Mayor J. Henry
McCoy, Jr., Donald W. Merrick, Meyera E. Oberndorf, and
Roger L. Riggs
Council Members Absent:
None
THE ABOVE MOTION TO APPROVE THE REQUEST OF LAURA C. ADAMS FOR A FREE
STANDING MOBILE HOME IIAS LOST.
ITEM #14070 (a)
On motion by Councilman Ferrell, seconded by Vice tlayor McCoy, City
Council voted to DENY the request of Laura C. Adams for a free standing
mobile home.
Voting: 8-3
Council Members Voting Aye:
George R. Ferrell, Barbara M. @ienley, Clarence A. liolland,
Vice Mayor J. Henry McCoy, Jr., Donald W. Merrick, Meyera E.
Oberndorf, J. Curtis Payne, and Roger L. Riggs
Council Members Voting Nay:
John A. Baum, F. Reid Ervin, and Mayor Patrick L. Standing
Council Members Absent:
None
8/1 3 79
-50-
ITEM #14070 (b)
Councilwoman Barbara Henley requested a report or an analysis from the
Staff on what the mobile home situation is in the Agriculturial areas
and in posting signs to let the citizens know about the request for
the free standing mobile home.
ITEM #14071
Councilman Reid Ervin requested that City Council reconsider the
Resolution (Item #13286, June 11, 1979) voicing "opposition to access
to False Cape State Park and the Currituck Outer Banks through south-
ern Virginia Beach and across Knotts Island."
On motion by Councilman Ervin, seconded by Vice Mayor McCoy, City Council voted to
RECONSIDER the Resolution adopted by Council on June 11, 1979 voicing
..opposition to access to False Cape State Park and the Currituck
Outer Banks through southern Virginia Beach and across Knotts Island; and further
to be advertised with the regular Agenda for August 27, 1 97 9
Voting: 8-3
Council Members Voting Aye: (to reconsider)
F. Reid Ervin, George R. Ferrell, Clarence A. Holland, Vice
Mayor J. Ilenry McCoy, Jr., Donald W. Merrick, J. Curtis Payne,
Roger L. Riggs, and @layor Patrick L. Standing
Council Members Voting Nay:
John A. Baum, Barbara M. Henley, and Meyera E. Oberndorf
Council Members Absent:
None
THIS RESOLUTION IS TO BE RECONSIDERED AT THE REGULAR COUNCIL MEETI[IG OF AUG[JST 27,
1979, at 7:00 p.m.
8/1 3/79
-51-
R E S 0 L U T I 0 N
REAS, a preliminary engineering study was prepared
for False Cape State Park in Decerber, 1976, which considered
nine alternative access routes to the park; and
WHEREAS, these alternatives range from access through
Back Bay National Wildlife Refuge to the north, to access through
Mackay island National Wildlife Refuge and Knotts Island to the
south; and
V41EREAS, no alternative has been decided upon because
of environmental constraints and increased construction costs; and
WHEREAS, the Governors of Viralinia and North Carolina
have recently appointed a Joint Task Force to study issues of
mutual interests related to access to the Currituck Outer Banks
and False Cape State Park, with primary emphasis on a route across
Knotts Island; and
WHEREAc-, access to this major park facility across Knotts
Island will have irreversible environmental, social, and economic
consequences for the City of Virainia Beach in the form. of:
(1) Adversely effecting the fragile ecology of the
Back Bav system.
(2) Creating a great demand for support facilities such
as gas stations, restaurants, stores, and even hotels which will
initiate an irreversible transition in the character of the area
from rural agricultural to resort comirercial.
(3) Requiring the extension and build-up of City
s@@r%licl@s iiito the area includino additional police, fire, public
utilities, and highway construction; and
8/.1 3/79
8/13/79
-52-
WHEREAS, for these rea:sons, access across Knotts Island
to False Cape State Park and the Currituck Outer Banks would
be completely inconsistent with the goals and policies of the
draft Comprehensive Plan for the City of Virginia Beach.
NOW, THEREFORE, BE IT RESOL%IED., by the Council of the
City of Virginia Beach that notice is hereby given of the Council's
continued support for the development of False Cape State Park
as a major da@-use beach for all Virginians, but of the Council's
opposition to access to False Cape State Park and the Currituck
Outer Banks through southern Virginia Beach and across Knotts
Island.
BE IT FUPTHER RESOLVED, by the Council of the City of
Virginia Beach that the Governor of Virginia and the Joint Task
Force studying alternative access to False Cape State Paik, are
reauested to select an alternative which will impose the least
environmental, social, and economic impact on the citizens of
Virginia Beach.
BE IT FURTHER RESOLVED, that the City Clerk is directed to foward
a certified copy of this Resolution to the Congressional delegation re,')resenting
the City of Virginia Beach, Virginia.
Adopted by the Council of the City of Virginia Beach, Virginia, on
the 11 day of June 1979
8/13/79
- 53-
ITEM #14072,
Councilman tierrick indicated he received a call @@rom a retired Navy person,
who has Personal Property Tax of $5.00; however, the gentlemen did not receive
the first notice but did receive the second notice with a notice that he had a
penalty of $10.00 to pay as a late charge.
Councilman Riggs asked if this Council wantto give the City Treasurer the right
to waive the $10.00 penalty because of the failure to receive the first notice.
Council asked the City Attorney to review this matter and report back to Council
next week (August 20, 1979).
ITEM @414073
Councilman Holland nade several remarks regarding a letter from tqeil A. Gallagher,
General tlanager of Worthington Pump Corporation, commending Jim Davis, who is the
Industrial Representative for the City o.' Virginia Beach.
Mr. Davis was unable to find a suilable site in the City's Industrial Park; however,
he did recor@inend the Corporation settle in Chesapeake.
The letter was sent to Governor John @l. Dalton.
On motion by Councilman Payne, seconded by Councilman Baum, City Council U@IANIMOIJSLY
ADJOURNED at 5:50 p.m.
R th Hdge@ S - h' City/C@erk ck L. Standing
City of Virginia Beach,
Virginia
August 13, 1979
h
8/13/79