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HomeMy WebLinkAboutJULY 5, 1972 MINUTES OF THE SPECIAL MEETING OF THE HONORABLE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA July 5, 1972 Special Meeting of the Council of-the City of Virginia Beach, Virginia was held in the Council Chambers of the Administration Building in the Borough of Princess Anne, on Wednesday, July 5, 1972, at 2:00 p.m. for the purpose of reorganizing the City Council and making certain Council appointments, as requested by Councilmen F. Reid Ervin, D. Murray Malbon, and J. Curtis Payne. Mr. Richard J. Webbon, City Clerk, gave the invocation. Councilmen present: John A. Baum, Robert'H. Callis, Jr., Robert B. Cromwell, Jr., F. Reid Ervin, George R. Ferrell, Charles W. Gardner, Clarence A. Holland, D. Murray Malbon, J. Curtis Payne, Mayor Donald H. Rhodes, and Floyd E. Waterfield, Jr. Councilmen absent: None ITEM #4778 The following Councilmen, duly elected on May 2, 1972, for a term of four years have been properly sworn in by the Clerk of the Circuit Court: Councilman John A. Baum Councilman Robert H. Callis, Jr. Councilman George R. Ferrell Councilman Charles W. Gardner Councilman J. Curtis Payne [Copies of their Oath of Office are on file~in the Office of the City Clerk] ITEM #4779 On motion by Councilman Callis, seconded by Councilman Waterfield, the name of Councilman Clarence A. Holland was placed in nomination to fill the position of Vice Mayor. On motion by Councilman Cromwell, seconded by Councilman Gardner, the name of Councilman F.. Reid Ervin was placed in nomination to fill the position of Vice Mayor. On motion by Councilman Payne, seconded by Councilman Ferrell, and by unanimous vote, the nominations for the position of Vice Mayor were closed. RECORDED VOTE ON THE NOMINEES FOR THE"'pOsITI~N OF VI~E MAYOR WAS AS FOLLOWS: Those in favor of Councilman Holland being appointed to the Vice Mayorship: '--uncilmen Robert H. Callis, Jr., George R. Ferrell, Clarence A. Holland, nald H. Rhodes, and Floyd E. Waterfield, Jr. Those in favor of Councilman Ervin being appointed to the Vice Mayorship: ~ouncilmen John A. Baum, Robert B. Cromwell, Jr., F. Reid Ervin, Charles W. Gardner, D. Murray Malbon, and J. Curtis Payne. Absent: None On motion by Councilman Holland, seconded by Councilman Gardner, and by unanimc vote, Councilman F. Reid Ervin was appointed temporary Vice Mayor to serve fro~ the date of appointment, July 5, 1972, until the first regular meeting of' the £ Council in September. ITEM #4780 Councilman Robert M. Callis, Jr. made a motion to reappoint Mr. Roger Scott, City Manager; Mr. J. Dale Bimson, City Attorney; Mr. Ralph (Buddy) McChesney, High Constable; Mr. Clyde ~. Merritt, City Tax Assessor; and Mr. Richard J. Webbon, City Clerk. ~uncilman J. Curtis payne made a substitute motion that each appointment be ~nsidered s. eperately. Recorded vote on the substitute motion was as follows: Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., Vice Mayor F. Reid Ervin, Charles W. Gardner, Clarence A. Holland, D. Murray Malbon, and J. Curtis Payne. Nays: Councilmen Robert H. Callis, Jr., George R. Ferrell, Mayor Donald H. Rhodes, and Floyd E. Waterfield, Jr. 'Absent: None City Council elected to consider each appointment seperateiy. ITEM #4781 On motion by Councilman Callis, seconded by Councilman Holland, and by recorded vote as follows: . Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Robert B. Cromwell, Jr., Vice Mayor F. Reid Ervin, George R. Ferrell, Charles W. Gardner, Clarence A. --lland, D. Murray Malbon, J. Curtis Payne, Mayor Donald H. Rhodes, and Floyd E terfield,.Jr. Nays: · None Absent: None City Council reappointed Mr. Roger M. Scott City MAnager of the City of Virgini Beach, Virginia. ITEM #4782 On motion by Councilman Payne, seconded by Vice Mayor Ervin, and by recorded ~ote as follows:. Ayes: Councilmen John A. Baum,.Robert H. Caliis, Jr., Robert B. Cromwell, Jr., 'Vice-Mayor F. Reid Ervin, George R. Ferrell, Charles W. Gardner, Clarence A. Holland, D. Murray Malbon, J. Curtis Payne, Mayor Donald H. Rhodes, and Floyd E Waterfield, Jr. Nays: None ~"' " Absent: None .ty Council reappointed Mr. J. Dale Bimson City Attorney for the City of Virginia Beack, Virginia. ITEM #4783 ~ On motion by Councilman Waterfield, seconded by Councilman Holland, and by recorded vote as follows: Ayes: Councilmen ~ohn A. Baum, Robert H. Callis, Jr., Robert B. Cromwell, Jr., Vice Mayor F. Reid Ervi~, George R. Ferrell, Charles W. Gardner, Clarence A. Holland, D. Murray Malbon, 9. Curtis Payne, Mayor Donald H. Rhodes, and Floyd E Waterfield, Jr. .ys: None Absent: None City Counci'l reappointed Mr. Richard J. Webbon City Clerk of the City Council of the City of Virginia Beach, Virginia. ITEM #4784 On motion by Councilman Payne, seconded by Vice Mayor Ervin, and by recorded vote as follows: ~y.es: Councilmen John A. Baum, Robert H. Callis, Jr., Robert B. Cromwell, Jr., Vice Mayor F. Reid Ervin, George R. Ferrell, Charles W. Gardner, Clarence A. Holland, D. Murray Malbon, J. Curtis Payne, Mayor Donald H. Rhodes, and Floyd £ Waterfield, Jr. Nays: None Absent: None City Council reappointed Mr. Clyde M. Merritt City Tax Assessor for the City of ~rginia Beach, Virginia. ITEM #4785 On motion by Councilman Callis, seconded by Councilman Ferrell, the name of Mr. Ralph (Buddy) McChesney was placed in nomination for appointment to the position of High Constable. The following appeared on behalf of Mr. McChesney: Mr. Bruce Murphy Mr. Nick Cohen Mrs. Amelia Spiotta Mr. John Pierce On motion by Councilman Payne, seconded by Councilman Baum, the name of Mr. Horace C. Shirley was placed in nomination for appointment to the position of High Constable. Mr. Chaplain appeared in support of the/n~ination of Mr. Shirley. RECORDED VOTE ON THE NOMINEES FOR APPOINTMENT TO THE POSITION OF HIGH CONSTABLt WAS AS FOLLOWS: Lose in favor of the appointment of Mr. Ralph McChesney to the position of .gh Constable: Councilmen Robert H. Callis, Jr., George R. Ferrell, Clarence A. Holland, Donald H. Rhodes, and Floyd E. Waterfield, Jr. Those in favor of the appointment of Mr. Horace C. Shirley to t~e position of High Constable: Councilmen John A. Baum, Robert B. Cromwell, Jr., Vice Mayor F. Reid Ervin, Charles. W. Gardner, D. Murray Malbon, and J. Curtis Payne. COuncilmen absent: None City Council appointed Mr. Horace C. Shirley High Constable of the City of Virginia Beach, Virginia. ITEM #4786 ce Mayor Ervin read the following statement: We, the undersigned, desiring to curb further ~peculation and to enable Council to proceed harmoniously with the affairs of the city, hereby affirm our irrevocable support of Robert B. Cromwell, Jr. as Mayor to be elected at the first regular meeting of Council in September, 1972. D. Murray~albon , . Curtis Payne/ F. Reid Ervin Charles W. Gardner A. Baum ITEM #4787 coUncilman Cromwell made the following statement: "Fortunately or unfortunately, I seem to have gathered some support for the Mayor's position of Virginia Beach. !.oad~ertently, when our Charter was changed the provision regarding the election of the mayor was not changed' . and the mayor of our City is not elected until September. It was at my request that my name not be placed in nomination today because I think, for --r present Mayor, it could create a rather untenable position. I don't know at will happen ~n September. I am delighted and flattered at the irrevokable pport that I have heard today. Until that time, however, I wish to state to Mayor Rhodes and the rest of the Council, as I have privately, that he has my support as Mayor of this Council." ~ ITEM #4788 . ~ motion by Councilman payne, seconded by Councilman Gardner, and by recorded te as follows: ~fes: Councilmen John A. Baum, Robert H. Callis, Jr., Robert B. Cromwell, Jr., Vice Mayor F. Reid Ervin, George R. Ferrell, Charles W. Gardner, Clarence A. Holland, D.. Murray Malbon, J. Curtis Payne, Mayor Donald ti. Rhodes, and Floyd E. Waterfield, Jr. Nays: None Absent: None City Council adjourned into Executive Session. Richard J. W.~bbon, City Clerk City of Virginia Beach, Virginia Donald H. Rhodes, Mayor July S, 1972 ~,ecial Meeting MINUTES OF THE HONORABLE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA JUly 10, 1972 ~-Jae regular meeting of the Council' of the City of Virginia Beach, virginia s held in the Council Chambers in the Administration Building, in the rough of Princess Anne, on Monday, July 10, 1972, at 10:00 a.m. The invocation was given by Reverend J. E. Alligood, Church of Christ, Virginia Beach, Virginia. Councilmen present: John A. Baum, Robert H. Callis, Jr., Robert B. Cromwell, Jr., Vice Mayor F. Reid Ervin, George R. Ferrell, Charles W. Gardner, Clarence A. Holland, D. Murray Malbon, J. Curtis Payne, Mayor Donald H. Rhodes, and Floyd E. Waterfield, Jr. Councilmen absent: None ITEM #4789 On motion by Councilman Gardner, seconded by Councilman Cromwell, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Robert B. Cromwell, Jr., Vice Mayor F. Reid Ervin, George R. Ferrell, Charles Wo Gardner, Clarence A. Holland, D. Murray Malbon, J. Curtis Payne, Mayor Donald H. Rhodes, and '--oyd E. Waterfield, Jr. ys: None Absent: None City Council approved the Minutes of the Regular Meeting of June 26, 1972, and the reading of said Minutes dispensed with inasmuch as each Councilman had a copy of the subject Minutes before him. ITEM #4790 On motion by Councilman Gardner, seconded by Councilman Cromwell, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Robert B. Cromwell, Jr., Vice Mayor F. Reid Ervin, George R. Ferrell, Charles W. Gardner, Clarence A. Holland, D. Murray Malbon, J. Curtis Payne, Mayor Donald H. Rhodes, and Floyd E. Waterfield, Jr. Nays: None Absent: None ~ ty Council approved the Minutes of the Special Meeting of July 5, 1972, and ~ reading of said Minutes dispensed with inasmuch as each Councilman had a copy of the subject Minutes before him. ITEM #4791 On motion by Councilman Malbon, seconded by Councilman Ferr~ll, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Robert B. Cromwell, Jr., Vice Mayor F. Reid £rvin, George R. Ferrell, Charles W. Gardner, Clarence A. Holland, D. Murray Malbon, J. Curtis Payne, Mayor Donald H. Rhodds, and Floyd E. Waterfield, Jr. -~.ys: None ~sent: None City Council approved on second reading an appropriation of $13,316. from the Reserve for Contingencies in the Fiscal Year 1973 Operating Budget for increase in the budget of the Health Department. ITEM #4792 On motion by Councilman Payne, seconded by Councilman Holland, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Robert B. Cromwell, Jr., Vice Mayor F. Reid Ervin, George R. Ferrell, Charles W. Gardner, Clarence A. Holland, D. Murray Malbon, J. Curtis Payne, Mayor Donald H. Rhodes, and Floyd E. Waterfield, Jr. Nays: None Absent: None City Council approved on second reading an appropriation in the amount of $11,290. from the Reserve for Contingencies fund in the Fiscal Year 1973 budget '--~ the budget of the Real Estate Assessor for additional personnel needs as ~llows: One Clerk II to be employed, etfective July 1, 1972, at a 20 A pay step $ 3,720. One Clerk Typist I to be employed, effective Sept. 1, 1972, at a 20 A pay step 3,100. One Draftsman II to be employed, effective Sept. 1, 1972, at a 28 A pay step 4,470. :$11,290. ITEM #4793 On motion by Councilman Gardner, seconded by Councilman Waterfield, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Robert B. Cromwell, Jr., Vice Mayor F. Reid Ervin, George R. Ferrell, Charles W. Gardner, Clarence A. Holland, D. Murray Malbon, J. Curtis Payne, Mayor Donald H. Rhodes, and --oyd E. Waterfield, Jr. .ys: None Absent: None City Council approved on second reading an appropriation of $8,250. to be made in the Fiscal Year 1973 budget to employ a social worker under the Southeastern Virginia Areawide Model Project (SEVAMP) program for the elderly and further approved an increase in the estimated revenues of the Fiscal Year 1973 budget in the amount of $9,750. ITEM #4794 In accordance with State Statute, The City Council in regular session on July 10, 1972, held a Public Hearing properly advertised for the purpose of hearing any objections to the inclusion of the area herein- after described, being taken into the Princess Anne MOsquito Control District and the imposition therefore of a mosquito control ta~ for such purposes. O__n motion by Councilman Payne, seconded by Councilman Malbon, and by recorded ,te as follows: ../es: Councilmen John A. Baum, Robert H. Callis, Jr., Robert B. Cromwell, Jr., Vice Mayor F. Reid Ervin, George R. Ferrell, Charles W. Gardner, Clarence A. Holland, D. Murray Malbon, J. Curtis Payne, Mayor Donald H. Rhodes, and Floyd E. Waterfield, Jr. Nays: None Absent: None The following described property is hereby included in the Princess Anne Mosquito Control District and authorization is granted for the imposition of a Mosquito Control Tax: PARCEL I Ail of the property bordering on Princess Anne Road from West Neck Creek Bridge east past and including Mt. Zion Village. Also, along Seaboard Road south to the school and north to the end of the road. Ail of the property bordering on North Landing Road from the Court- house west to the Texaco Station, also including houses on West Neck Road for 1,000 feet. Ail property bordering on Princess Anne Road from the Courthouse northwest for two (2) miles. Ail property bordering on Princess Anne Road from the Courthouse northeast to West Neck Creek Bridge. Also,'along Holland Road north from Princess Anne Road to the high school, including Courthouse Forest Subdivision. PARCEL II Ail of the area known as Lotus Gardens including Coldchester Neck Road. Property in the immediate vicinity and to the north of the inter- section of Atwood Road and Sandbridge Road. 3. All property in the subdivision known~ as Lagomar. PARCEL III Ail of the property in Princess Anne Borough lying to the east of Oceana Boulevard and north of Old Dam Neck Road. 2. Ail property bordering on the south side of Old Dam Neck Road. PARCEL IV 1. All property in the subdivision known as Magic Hollow. IT£M #4?95 Mr. David A. Howard, partner of Chesapeake Investment Company, appeared before City Council requesting an exception to the Zoning Moratorium to allow the filing of an application with the Planning Commission for a Change of Zoning from Duplex to Multiple Family on a small parcel of land in College Park. 'On motion by Councilman Gardner, seconded by Councilman.Baum, and by recorded vote as follows: A,y_es: Councilmen John A. Baum, Robert H. Callis, Jr., Robert B. Cromwell, Jr., ~ :e Mayor F. Reid Ervin, George R. Ferrell, Charles W. Gardner,, Clarence A. } .land, D. Murray Malbon, J. Curtis Payne, Mayor Donald H. Rhodes, and Floyd L. Waterfield, Jr. Nays: None Absent: None City Council voted to uphold the Zoning Moratorium by not granting an exception as requested by Mr. Howard for the filing of an application fora change of zoning. IT£M #4796 Vice Mayor Ervin requested a status report from Mr. Scott regarding the Preparation of an "Inventory of Pending Sewer Connections". ITEM #4797 Vice Mayor Ervin indicated that Johnson Street located off Little Neck Road, which has experienced poor percolation .and septic tank difficulties for many years, has been isolated in both directions from public sewer. Due to several ~-cent projects resulting in earth movement and changes in drainage patterns, e situation in this area has become aggrivat~d. Therefore, it was requested at Mr. Scott get together with Mr. Petty to present recommendations to Council for accelerating the connection of Johnson Street to public sewer. ITEM #4798 The Norfolk Dredging Company having satisfied the requirements of the contract with the City of Virginia Beach dated May 22, 1972 by having moved 220,680 cubic yards of sand from.the areas specified was, upon'motion by Councilman' Gardner, seconded by Councilman Payne and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Robert B. Cromwell, Jr., Vice Mayor F. Reid £rvin, George R. Ferrell, Charles W. Gardner, Clarence A. Holland, D. Murray Malbon, J. Curtis Payne, Mayor Donald H. Rhodes, and Floyd E. Waterfield, Jr. Nays: None Absent: None granted an addendum to the existing contract to p~ovide for the placement of 50i000 cubic yards of dredged material on the beaches as specified by the ~partment of Community Services for which an additional appropriation of 5,000. is authorized by City Council; the appropriation ~s to be charged to e Reserve for Contingencies. ITEM #4799 Due to recent drownings, Vice Mayor Ervin, requested the City Manager to explore the problem of safety in the following three (3) locations: Lynnhaven Inlet Long Creek Canal Rudee Inlet ITEM #4800 .ice Mayor Ervin requested an investigation by the City Manager's Office re- garding charges by citizens of Chesopeian Colony that F. Wayne McLeskey was violating the terms of his use permit (granted on December 6, 1971) by failing to comply with the requirement of a buffer zone with the retention of the tree line. ITEM #4801 Application of C. L. Powers for a ~of~from Rural Residence District 3 (R-R 3) to Residence Suburban District~--{R-S--~-~Tof Site G and part of Site F as shown on plat of Lake Smith Sites, fronting 142 feet on the South side of Rylands Road, beginning at the Western side of Young Street. Having a depth of 295 feet, more or less, along the Eastern property line, a width of 142 feet,. more or less, along the Southern property line {Lake Smith) and a depth of 290 feet more or less along the Western property line. {Lakeview Park Area). BAYSIDE BOROUGH. The Planning Con~nission recommends denial of this request as this zoning change would constitute spot zoning in an area that has developed with one acre sites. · . Owen Pickett, Attorney, appeared on behalf of the applicant. Mr. W. W. Huffman, representing the Lakeview Park Civic League, appeared in opposition to the above application. On motion by Councilman Cromwell, seconded by Councilman Gardner, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert H. Callis, Jr.,. Robert B. Cromwell-, Jr., Vice Mayor F. Reid Ervin~ George R. Ferrell, Charles W. Gardner, Clarence A. Holland, D. Murray Malbon, J. Curtis Payne, Mayor Donald H. Rhodes, and Floyd E. Waterfield, Jr. Nays: No.ne Absent: None City Council denied the above application of C:. L. Powers 'for a Change of Zoning from Rural Residence District 3 (R-R 3) to Residence Suburban District 2 (R-S 2) of Site G and part of Site F as shown on plat of Lake Smith Sites (Lakeview Park Area) Bayside Borough, as this zoning change would constitute spot zoning in an area that has developed with one acre sites. ITEM #4802 Application of Bonnie Thacker by Lowell Clark, Attorney, for a Use Permit to operate a kennel on certain property located on the South side of Virginia Beach Boulevard beginning at a point 1420 feet West of North Witchduck Road, running a distance of lO0 feet along the South side of Virginia Beach Boulevard, running a distance of 435 feet along the Eastern property line, running a d~stance of 75 feet along the Southern property line and running a distance of 454 feet along the Western property line. Said parcel contains 0.93 acres. (Chinese Corner Area). BAYSIDE BOROUGH. The Planning Commission recommends approval of this request subject to standard site plan requirements required by the Engineering Division and further subject to City water and sewer required by the Health Department. Mr. Lowell Clark, Attorney, appeared on behalf of the applicant. On motion by Councilman Gardner, seconded by Councilman Holland, and by recorde vote as follows: Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Robert B. Cromwell, Jr., Vice Mayor F. Reid Ervin, George R. Ferrell, Charles W. Gardner, Clarence A. Holland, D. Murray Malbon, J. Curtis Payne, Mayor Donald H. Rhodes, and Floyd E./Waterfield, Jr. Nays: None Absent: None City Council approved the above application of Bonnie Thacker for a Use Permit to operate a kennel on'certain property located on the South side of Virginia Beach Boulevard beginning at a point 1420 feet West of North Witchduck Road, (Chinese Corner Area) Bayside Borough; subject to standard site plan require- ments as required by the Engineering Division and further subject to City water .iknd sewer as required by the Health Department. ITEM #4803 Application of Stephen Yee and Pasquale V. Arcece, Jr., by Tolson and Associates, for a Change of Zoninq from Motel-Hotel District to General Business District (B-2) on certain property located at the Southwest corner of Winston Salem Avenue and Pacific Avenue, running a distance of 207 feet along the West side of Pacific Avenue, running a distance of 215 feet more or less along the South side of Winston Salem Avenue, and running a distance of 178 feet along the Southern property line. Said parcel is triangular in shape. (Rudee Inlet Area). VIRGINIA BEACH BOROUGH. The Planning Commission recommends denial of this application as the requested use would not be compatible with the development scheme for the neighborhood. Mr. Edward Caton, Attorney, appeared on behalf of the applicant requesting withdrawal of the above application. Mr. Robert Whitley, Tourist Development Coordinator, Department of Economic Development, appeared on behalf of the City requesting withdrawal of the above application. On,motion by Councilman Gardner, seconded by Councilman Callis, and by recorded vote as follows: ~es: Councilmen John A. Baum, Robert H. Callis, Jr., Robert B. Cromwell, Jr., Lce Mayor F. Reid Ervin, George R. Ferrell, Charles W. Gardner, Clarence A. Holland, D. Murray Malbon, J. Curtis Payne, Mayor Donald H. Rhodes, and Floyd E. Waterfield, Jr. Nays: None Absent: None City Council approved the withdrawal of the above application of Stephen Yee and Pasquale V. Arcece, Jr. for a Change of Zoning from Motel-Hotel District to General Business District (B-2) on certain property located at the Southwesl corner of Winston Salem Avenue and Pacific Avenue, (Rudee Inlet Area) Virginia Beach Borough. ITEM #4804 Application of General ),~chanical Corporation for a Use Permit to construct 48 motel efficiency units on certain property located on t--h~ Sout-~-h side of 21st Street beginning at a point 180 feet East of Baltic Avenue, running a distance of 160 feet along t-he South side of 21st Street, running a distance of 130 feet along the Eastern property line, running a distance of 160 feet along the Southern property line and running a distance of 130 feet along the Western property line. Said parcel is known as Lots 12, 14, 16, 18 and 20 and the western l0 feet of Lot 10, Subdivision of Virginia Beach Development Corp. and contains 20,800 square feet. VIRGI~IIA BEACH BOROUGH. The Planning Commission recon~nends approval of this request subject to City water and sewer required by the Health Department and standard site plan requirements required by the Engineering Division. The motion for approval further suggests participation in school site acquisition. Mr. Sam Scott appeared on behalf of the applicant. Councilman Gardner made a motion, which was seconded by Councilman Callis, to approved the above application of General Mechanical Corporation for a Use Permit to construct 48 motel efficiency units on certain property located on the South side of 21st Street (Virginia Beach Borough); subject to City sewer and the extension of the water line from Arctic Avenue to provide City water; subject to standard site plan requirements as required by the Engineering Division and further subject to participation in school site acquisition. Councilman Waterfield made an amendment to the above motiOn, which was seconded by Councilman Cromwell, to approve the application of General Mechanical Corporation for a Use Permit subject to the stipulations set forth by Councilma Gardner for City water and sewer, and site plan requirements except for the requirement of participation in school site acquisition. ~corded vote on the amended motion was as follows: Ayes: Councilmen Joh~ A. Baum, Robert B. Cromwell, Jr., Vice Mayor F. Reid Ervin, D. Murray Malbon, J. Curtis Payne, and Floyd E. Waterfield, Jr. Nays: Councilmen Robert H. Callis, Jr., George R. Ferrell, Charles W. Gardner, Clarence A. Holland, and Mayor Donald H. Rhodes. Absent: None City Council made the amended motion the main motion. Recorded vote on the main motion was as follows: Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., Vice Mayor F. Reid Ervin, George R. Ferrell, Charles W. Gardner, Clarence A. 'Holland, D. Murray Malbon, J. Curtis Payne, Mayor Donald H. Rhodes, and Floyd E. Waterfield, Jr. Nays: Councilman Robert H. Callis, Jr. Absent: None ---.ty Council approved the above application of General ~echanical Corporation )r a Use Permit to construct 48 motel efficiency units on certain property ~cated on the South side of 21st Street beginning at a point 180 feet East of Baltic Avenue, said parcel is known as Lots 12, 14, 16, 18 and 20 and the western 10 feet of Lot 10, Subdivision of Virginia Beach Development Corp. and contains 20,800 square feet, Virginia Beach Borough; subject to City sewer and the extension of the water line from Arctic Avenue to provide City water and further subject to standard site plan requirements as required by the Engineering Division. ITEM #4805 Application of Charles R. Jessup by Stanley A. Phillips, Attorney, for a Use Permit for used car sales and service on certain property located on the o~'6~-th ~f Virginia Beach Boulevard beginning at a point 600 feet more or less West of North Great Neck Road, running a distance of 40 feet along the South side of Virginia Beach Boulevard, running a distance of 276 feet along the Eastern pro- perty line, running a distance of 41 feet along the Southern property line and running a distance of 227 feet along the Western property line. Said parcel is known as 2341 Virginia Beach Boulevard. (London Bridge Area). LYNNHAVEN BOROUGH. The Planning Commission recommends approval of this request subject to City water and sewer required by the Health Department and standard site plan re- quirements required by the Engineering Division. Mr. Stanley A. Phillips, Attorney, appeared on behalf of the applicant. On motion by Vice Mayor Ervin, seconded by Councilman Malbon, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Robert B. Cromwell, Jr., Vice Mayor F. Reid Ervin, George R. Ferrell, Charles W. Gardner, Clarence A. Holland, D. Murray Malbon, J. Curtis Payne, Mayor Donald H. Rhodes, and Floyd E. Waterfield, Jr. Nays: None Absent: None City Council approved the above'apPlication of Charles R. Jessup for a Use Permit for used car sales and servzce on certain property located on the South side of Virginia Beach Boulevard,,said parcel is known as 2341 Virginia Beach Boulevard (London Bridge Area) Lynnhaven Borough; subject to City water and sewer as required by the Health Department and standard site plan requirements -~ required by the Engineering Division. ITEM #4806 Application of Martus, Inc., for a Use Permit to operate a non-profit institution, rehabilitation center with living fac-~ll'ities on certain property located at the Northwest corner of Virginia Beach Boulevard and Phillips Avenue, running a distance of 120 feet along the North side of Virginia Beach Boulevard, running a distance of 175 feet along the West side of Phillips Avenue, running a distance of 120 feet along the Northern property line and running a distance of 175 feet along the Western property line. Said parcel is known as Lots 1, 2, and 3, Plat of Beechwood and contains 0.5 acres more or less. (Maxey Manor Area). LYNNHAVEN BOROUGH. The Planning Commission recommends approval of this request subject to standard site plan requirements required by the Engineering Division to include side- walks along the frontage of Vi.rginia Beach Boulevard; pavement widening, curb and gutter, sidewalks and necessary storm drainage along the frontage on Phillips Avenue. The Health Department requires City water and sewer. The Reverend Mark Stone appeared on behalf of the applicant. Dr. Bill Swan appeared on behalf of the applicant. o~r. R. L. Allen appeared on behalf of the citizens in the area in opposition > the location of the above application. ~ne City Clerk indicated that he had received a call from Mrs. Ruby W. Ripley of 2128 Virginia Beach Boulevard in opposition to the above application. On motion by Councilman Gardner, seconded by Councilman Ferrell, and by record( vote as follows: Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Robert B. Cromwell, Jr.: Vice Mayor F. Reid Ervin, George R. Ferrell, Charles W. Gardner, Clarence A. Holland, D. Murray Ma]ben, J. Curtis Payne, Mayor Donald H. Rhodes, and Floyd E. Waterfield, Jr. Nays: None Absent: None City Council approved the above application of Martus, Inc. for a Use Permit to operate a non-profit institution, rehabilitation center with living facilities on certain property located at the Northwest corner of Virginia Beach Boulevard and Phil'lips Avenue, said parcel is known as Lots 1, 2, and 3, Plat of Beechwood and contains' 0.5 acres more or less (Maxey Manor Area); subject to standard site plan requirements required by the Engineering Division to include sidewalks along the frontage of Virginia Beach Boulevard; pavement widening, curb and gutter, sidewalks and necessary storm drainage along the frontage on Phillips Avenue; approval is further subject to City water as required by the Health Department and City seWer when available. ITEM #4807 Application of Calvary Baptist Tabernacle Church for a Use Permit to construct a church on certain property beginning at a point 305 feet more or less East of Proposed Windsor Oaks Boulevard, running a distance of 372 feet more or less along the North side of Holland Road, running a distance of 229 feet along the Eastern property line, running a distance of 349 feet along the Horthern property line and running a distance of 315 feet along the Western property line. Said parcel contains 2.11 acres. {Windsor Oaks Area}. KEMPSVILLE BOROUGH The Planning Commission recommends approval of this request subject to City water and sewer required by the Health Department and the Real Estate Division requests a dedication of right of way 45 feet from the center line of the existing 30-foot right of way along the 372-foot more or less frontage on Holland Road {a 30-foot dedication). The motion for approval included standard site plan requirements required'by the Engineering Division to include approximately 25 feet of addi- tional pavement widening, including curb and gutter, sidewalks and storm drainage, necessary along the frontage on Holland Road to allow for future four lane divided arterial; pemanent protective concrete curb shall be placed at the edge of all paved driveway and parking areas. Mr. Wade J. McCracken appeared on behalf of the applicant. On motion by Councilman Ferrell, seconded by Councilman Waterfield, and by recorded vote as follows: ~gY~S: Councilmen John A. Baum, Robert H. Callis, Jr., Robert B. Cromwell, Jr., ~ :e Mayor F. Reid Ervin, George R. Ferrell, Charles W. Gardner, Clarence A. [ [land, D. Murray Malbon, J. Curtis Payne, Mayor Donald H. Rhodes, and Floyd L. Waterfield, Jr. Nays: None Absent: None City Council approved the above application of Calvary Baptist Tabernacle Church for a Use Permit to construct a church on certain p'roperty beginning at a point 305 feet more or less East of Proposed Windsor Oaks Boulevard, (Windsor Oaks Area) Kempsville Borough; subject to City water and sewer as required by the Health Department; subject to a dedication of right of way 45 feet from the center line of the existing 30-foot right of way along the 372-foot more or less frontage on Holland Road (a 30-foot dedication); subject to standard site plan requirements as required by the Engineering Division to include approximately 25 feet of additional pavement widening, including curb and gutter, sidewalks and storm drainage, necessary along the frontage on Holland Road to allow for future four lane divided arterial; subject to.per- manent protective concrete curb being placed at the edge of all paved driveway and parking areas. .-- ITEM #4808 Application of Rev. W, D. Marrow for a Use Permit for bible classes, non profit institution with religious educational ~i~ on certain property located 900 feet more or less l~lest of Proposed Windsor Oaks Boulevard and 250 feet more of less North of Holland Road on a portion of Parcel C of Survey of Property of Jacob J. Hershberger, et al, dated April ll, 1965 by Frank D. Tarrall, Jr. and Associates. (Windsor Oaks West Area). KEMPSVILLE BOROUGH The Planning Conmlission recon~ends approval of this request subject to a limita- tion of two years and site plan requirements required by the Engineering Division and City water and sewer required by the Health Department. Mr. Bill Bernside, Attorney, appeared on behalf of. the applicant. Mr. James Evans, Attorney, appeared on behalf of Windsor-ttolland Company in opposition to the above application. Mr. Howard M. Weisberg, one of the principals of Windsor-Holland Company, appeared in opposition to the above application. I Reverend W. D. Marrow appeared on behalf of his own application. On motion by Councilman Ferrell, seconded by Councilman Cromwell, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert H. Call'is, Jr., Robert B. CrOmwell, Jr.: Vice Mayor F. Reid Ervin, George R. Ferrell, Charles W. Gardner, Clarence A. Holland, D. Murray Malbon, J. Curtis Payne, Mayor Donald H. Rhodes, and Floyd E. Waterfield, Jr. . ays: None Absent: None City Council approved the above application of Reverend W. D. Marrow for a Use Permit'for bible classes, non profit institution with religious educational ~acilities on certain property located 900 feet more or less West of Proposed Windsor Oaks Boulevard and 250 feet more or less North of Holland Road on a portion of Parcel C of Survey of Property of Jacob J. Hershberger, et al, dated April 11, 1965 by Frank D. Tarrall, Jr. and Associates (Windsor Oaks West Area) Kempsville Borpugh; subject to a limitation of two years and site plan require- ments as required by the Engineering Division and further subject to City wateI and sewer as required by the Health Department. (COUNCILMAN HOLLAND LEFT THE COUNCIL CHAMBERS) ITEM #4809 Application of Level Green Corporation for a Use Permit to construct a sewage pumping station on certain property beginning at a p-6T~-t 2644 feet more or less South of Indian River Road, and running a distance of 50 feet along the East side of Centerville Turnpike. Said parcel is 50 feet by 50 feet. {Level Green Area). KEMPSVILLE BOROUGH. The Planning Commission recommends approval of this request subject to site plan review by the Engineering Division. Mr. Barrow appeared on behalf of the applicant. On motion by Councilman Ferrell, seconded by Councilman Waterfield, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Robert B. Cromwell, Jr., Vice Mayor F. Reid Ervin, George R. Ferrell, Charles W. Gardner, D. Murray Malbon, J. Curtis Payne, Mayor Donald H. Rhodes, and Floyd E. Waterfield, Jr. Nays: None Absent: Councilman Clarence A. Holland. City Council approved the above application of:Level Green Corporation for a Use Permit to construct a sewage pumping station on certain property beginning at a point 2644 feet more or less South of Indian River Road, and running a distance of 50 feet along the East side of Center~ille Turnpike, said parcel is S0 feet by 50 feet (Level Green Area) Kempsville Borough; subject to site plan review by the Engineering Division. ;OUNCILMAN HOLLAND RETURNED TO THE COUNCIL CHAMBERS) ITEM #4810 On motion by Councilman Malbon, seconded by Councilman Payne and by recorded vote as fol.lows: ' Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Robert B. Cromwell, Jr., Vice Mayor F. Reid Ervin, George R. Ferrell, Charles W. Gardner, Clarence A. Ilolland, D. Murray Malbon, J. Curtis Payne, Mayor Donald H. Rhodes and Floyd E. Waterfield, Jr. ' Nays: None Absent:: None City Council approved on second reading the following Ordinance amendini4 reordaining Section 20-6 of the City Code pertaining to the impositfon a:~i levy of license taxes: AN-ORDINANCE TO AMEND AND REORDAIN SECTION 20-6. OF T~tE CODE OF THE CITY OF VIRGINIA BEACH RELATING TO IMPOSITION AND LEVY OF LICENSE TAX BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,' VIRGINIA: That Section 20-6. is hereby amended and reordained to read as follows: That the second paragraph is hereby deleted. This or.dinance is effective on and after May 1, 1973. First reading: June 26, 1972 Second reading: July 10, 1972 Adopted by the Council of the City of Virginia Beach, Virginia on the 26th day of June , 1972. ITEM #4811 On motion by Councilman Baum, seconded by Councilman Waterfield, and by record~ vote as follows: Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Robert B. Cromwell, ,Ir. Vice Mayor F. Reid Ervin, George R. Ferrell, Charles W. Gardner, Clarence A. Holland, D. Murray Malbon, J. Curtis Payne, Mayor Donald H. Rhodes, and Floyd E. Waterfield, Jr. Nays: None Absent: None City Council approved the following Ordinance establishing special assessments for agricultural, horticultural, forest or open space real estate: AN ORDINANCE ESTABLISHING SPECIAL ASSESSMENTS . FOR AGRICULTURAL, HORTICULTURAL, FOREST OR OPEN SPACE REAL ESTATE 1 Be it ordained by Council of the' City of Virginia Beach 1. The City of Virginia Beach finds that the preservation of real estate devoted to agricultural, horticultural, forest and open space uses within its boundaries is in the public interest and, having heretofore adopted a land-use plan, hereby ordains that such real estate shall be taxed in accordance with the provisions of Article 1.1. of Chapter 15, of Title 58 of the Code of Virginia and of this ordinance. · 2. (a) The owner of any real estate meeting the criteria set forth in 58-769.5 and 58-769~7 (b) of the Code-of Virginia may, on or before November one of each year, apply to the City Real Estate assessor for the classification, assessment and taxation of such property for the next succeeding tax year on the basis of its use, under the procedures Set forth in 58,769.9 of the Code of Virginia= Such application shall be on. forms provided.by the State Department of Taxation and supplied by the City Real Estate assessor and shall include such additional schedules, photographs and drawings as may be required·by the assessor?~ ___ . ......... · ~-.~,. , ~"~-"-v~--'~-~-7~r'~. (~) A separate application shall be filed for each use for which qualification is sought. 3. Promptly upon receipt of any application, the City Real Estate Assessor shall determine whether the subject property meets the criteria for taxation hereunder, If' the assessor shall determine that the subject property does meet such criteria, he shall determine the value of such propertY for its qualifying use, as well as its fair market value. In determining whether the subject property meets the criteria for "forest use" the assessor may request an opinion from the Director of the Department of Conservation and Economic Development, and in determining whether the subject property meets the criteria for "open space use" he may request an opinion from the Director of the Commission of Outdoor Recreation', UPon the refusal of the Director of the Department of Conservation and Economic 'Development or the Director of the Commission of Outdoor RecreatiOn to issue an opinion or in the event of an unfavorable opinion which does not comport with standards set forth by the respective director, the party aggrieved may seek relief from any court of record wherein the real estate in question is located, and in the event that the court finds in his favor it may issue an order which shall serve in lieu of an opinion for the purposes of this ordinance. 4. The use value and fair market value of any qualifying property shall be placed on the land book before-delivery to the treasurer and the tax for the next succeeding tax year shall be extended from the use value. ' 5. There is hereby imposed a roll-back tax, in such amount as may be determined under Virginia Code 58-769.10, upon any property as to which the use changes to a non-qualifying use. 6. (a) The.owner of'any real estate liable for roll-baCk -tax~s shall report to the treasurer, on forms to be pr~scribed, a: change in the use of such property to a non-qualifying use and sh~ pay the roll-back tax then-due. On failure so t° report a~d pay within sixty days following such change in use~ such owner shall liable for an additional penalty equal to ten per centum of th~ amount of the roll-back tax, which penalty shall be collected as part of the tax. In addition to such penalty, there is hereby imposed interest on oneLhalf per centum of the amount 0f the roll- back tax for each month or fraction thereof, during which the fai%ure continues. (b) Any person making a ma~rial misstatement of fact ir any application.filed pursuant hereto shall be liable for all tax~ in such amounts and at such times as if such property had been assessed on the basis of fair market value as applied'to other rea estate in the~ taxing jurisdictiom,.together with interest and thereon, and he shall be further assessed'~with an additional F ~f one hundred per centum of such unpaid taxes. -- 7. The provisions of Title 58 of the Code of Virginia applicable to local levies and real estate assessment and tax~ shall be applicable to assessments and taxation hereunder mu~? Mutandis including, without limitation, provisions relating tc tax liens and the correction of erroneous assessments, and fc~ such purposes the roll-back taxes shall be considered to be deferred real estate taxes. 8. This ordinance shall be effective for all tax years beginning on and after January 1, 197'3. 1. As to authority of the City of establish such assessments see Code of Virginia, Section 58- '~69.4 to 58-769.16 ITEM #4812 n motion by Councilman Ferrell, seconded by Councilman Holland, and ote as follows: Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Robert B. Cromw,. Vice Mayor F. Reid Ervin, George R. Ferrell, Charles W. Gardner, Clare~ Holland, D. Murray Malbon, J. Curtis Payne, Mayor Donald H. Rhodes, a~ E. Waterfield, Jr. Nays: None Absent: None City Council approved as amended the following Res'olution relative t~ llampton Roads Sanitation District acquiring the treatment facilitie~ . Kempsville Utilities Corporation and Cou:~ty Utilities Corporation: The regular meeting of the Council of the City of Virginia Beach, Virginia was held in the Council Chambers of the Administration Build- ing of,the City of Virginia Beach on July 10, 1972. On motion by Councilman Ferrell and seconded by Councilman Holland the following Resolution was unanimously adopted. RESOLUTION WHEREAS, Kempsville Utilities Corporation and County Utilities Corporation provide sewer facilities to a large number of the inhabitants of the City of Virginia Beach, and; WHEREAS, since the inception of these two utilities, Hampton Roads Sanitation District has provided treatment facilities to this City as well as adjacent areas, and; WHEREAS, it is the opinion of the Council of the City of Virginia Beach that better service can be rendered to the inhabitants of the City served by Kempsville Utilities Corporation and County Utilities Corporation if such treatment facilities are made an integral part of the Hampton Roads Sanitation District. THEREFORE BE IT RESOLVED by the Council of the City of Virginia Beach: That Hampton Roads Sanitation District initiate efforts to acquire the treatment facilities of Kempsville Utilities Corporation and County Utilities Corporation and after completion of those connections es- tablished as priorities by the City of Virginia Beach, tie in said facilities to its systems. BE IT FURTHER RESOLVED that the City Clerk is directed to forward a copy of this Resolution to Hampton Roads Sanitation District. (COUNCILMAN WATERFIELD LEFT THE COUNCIL CHAMBERS) ITEM #4813 Mr. Roy Wilson appeared on behalf of the petitioner, Oceana Church of Christ. --1 motion by Councilman Malbon, seconded by Councilman Ferrell, and by recorded ~te as follows: Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Robert B. Cromwell, Jr., Vice Mayor F. Reid Ervin, George R. Ferrell, Charles W. Gardner, Clarence A. Holland, D. Murray Malbon, J. Curtis Payne, and Mayor Donald H. Rhodes. Nays: None Absent: Councilman Floyd E. Waterfield, Jr. City Council approved the following Ordinance closing an unnamed 20' lane in Lynnhaven Borough, subject to a five (5) foot dedication as required by the Department of Community Services: ORDINANCE VACATING A PORTION OF AN UNIMPROVED STREET ON PLAT ENTITLED "RESUBDIVISION OF LOTS 7 THROUGH 15 AND LOTS 28 THROUGH 43, CRUSER TRACT, LOCATED IN PRINCESS ANNE COUNT¥~ VIRGINIA" WHEREAS, OCEANA CHURCH OF CHRIST has petitioned for the vacation of a portion of unimproved street; and WHEREAS, pursuant to proper notice duly given by the petitioner, this council has heretofore appointed viewers pursuant to Section 15.1-364 of the Code of Virginia, as amended; and WHEREAS, said viewers have reported that no inconvenience will result to any persons or to the public by reason of the said vacation; and WHEREAS, the Planning Commission has recommended that this petition be granted; NOW, THEREFORE, BE IT ORDAINED, by the Council of the City of Virginia Beach, Virginia, by authority granted by Section 15.1-364 of the Code of Virginia, as amended, that that portion of a certain street situated in the Lynnhaven Borough, City of Virginia Beach, Virginia, and described as follows be, and the same hereby is, closed, vacated and discontinued: All that certain portion of an unimproved unnamed 20 foot lane as shown on the plat entitled "Resubdivision of Lots 7 through 15 and Lots 28 through 43, Cruser Tract, Located in Princess Anne County, Virginia," made March 25, 1952, for T. H. Langston byW. B. Gallup, County Surveyor, duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 29 at page 64, more particularly bounded and described with reference to said plat as follows: Beginning at the point in the northeast corner of Lot E; thence along the northern lines of Lots E, D and part of C N. 82Q 30' W 150 feet to a point on the northern line of Lot C,~ thence N 7© 30' E 20 feet to a pin in the southwest corner of Lot M; thence S 82° 30' E 150 feet to a pin in the southeast corner of Lot M; thence S 7° 30' W 20 feet to the point of beginning. (COUNCILMAN WATERFIELD RETURNED TO THE COUNCIL CHAMBERS) ITEM #4814' On motion by Councilman Cromwell, seconded by Councilman Malbon, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Robert B. Cromwell, Jr., Vice Mayor F. Reid Ervin, George R. Ferrell, Charles W. Gardner, Clarence A. Holland, D. Murray Malbon, J. Curtis Payne, Mayor Donald H. Rhodes, and Floyd --- Waterfield, Jr. _ys: None Absent: None City Counc{1 approved the following applications for tax refunds in the amount of $253.46.: TO; Mr. Dale Bimson City Attorney FROM: [Ir. V. A. Etheridge, Treasurer ;BJECT: Applicatiou'~for Tax Rcfuttds: .--_ fe!!ewing appi!cati~n~ for refund of taxc~ totaling $. ~ certiflcd for payment, as set forth below: Date June 28, 1972 253.46 V, A. Etheridge: Treasurer Name ~ar~r~, E. J. :ha~ :on, Robert !illiams, Virgi~' ?ownsend, R. E. toodhouse, Inez ~o~nsend, R. E~ ~entress, Rbbert %llergy Assoc. Prizzell, Pearl ?riz. z. ell, 'Pearl. ?rizzell, Pearl-: ,.Ticket Year Number 1971 15625 2/2 1971 10477 1972 36191 1971 49289 2/2 1972 42142 1972 RE' 51468 1972 PP 21280 . 72 i PP 952 1970 IRE 16954 2/2 1971 [RE 17296 2/2 1969 '~E %6654 .2/2 'M×oner-! ation No. 745 745 6867 817 81! 818 7281 7269 764 764 765 765 837 837 Date Pa id 6/10/71. 12/6/71 5/24/71 6/12/72 6/7/71 12/1/71 1/11/72 5/31/72 5/16/72 5/16/72 6/4/70 10/28/70 6/4/71 12/15/71 5/29/69 11/26/69 29.52 29.52 6.00 10.00 10.33 10.33 %0.00 10.84 13.44 52.50 11.83 11.83' 11.83 11.83 11.83 11.83 Pen- alty 29.52 29.-52 6.00 10.00 10.33 10.33 10.00 10.84 13.44 52.50 11.83 11.83 11.83 1t.83 '1~.83 11.83 ITeM #4815 On motion by Councilman Cromwell, seconded by Councilman Malbon, and by recorded vote as follows: Ayes: CoUncilmen John A. Baum, Robert H. Callis, Jr., Robert B. Cromwell, Jr., Vice Mayor F. Reid Ervin, George R. Ferrell, Charles W. Gardner, Clarence A. Holland, D. Murray Malbon, J. Curtis Payne, Mayor Donald H. Rhodes, and Floyd ~--Waterfield, Jr. Lys: None Absent: None City Council approved on first reading the following Ordinance to amend and reordain Chapter 22 of the City Code regulating motor vehicles and traffic: AN ORDINANCE TO AMEND AND REORDAIN CHAPTER 22 OF THE.CODE OF THE CITY OF VIRGINIA BEACH REGULATING MOTOR VEHICLES AND TRAFFIC BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Chapter 22 is amended and reordained as follows: ; ARTICLE I. In.general.~ Section 22-2. Definitions. Change the following definitions to read: Antique motor vehicle. "Every motor Vehicle, as herein defined, which is designated by the manufacturer as a nineteen hundred and forty- three or prior year model, or which was actually manufactured in the calendar year nineteen hundred and forty-three or a calendar year prior thereto and is owned solely as a collector's item, and is used'for partici- pation in club activities, exhibits, tours, parades, and similar uses, but in no event used for general transportation, may be classified by the commissioner as an antique motor vehicle." Business district. "The territory contiguous to a hig~ay where seventy-five per centum 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." Farm tracffor. After "desigL~ed and used" strike "primarily"; after "implements" add "including self-propelled mowers designed and used for mowing lawns." Residence district. "The territory contiguous to a hig~ay, 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 ~ ~ occupied by dwellings and land improved for dwelling purposes, or by dw~ zings, land improved for dwelling purposes, and land or buildings in use for business purposes" School bus. "Any motor vehicle, except commercial bus, station wagon automobile or truck, which is designed and used primarily for the transportation of pupils to and from public, private or parochial schools, which is painted yellow with the words "School Bus, Stop, State L~w' 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." Section 22-8. Enforcement by city officers; officers to be uniformed; officers to be paid fixed and determined salaries. Add' "With the consent of the landowner, any such officer may patrol the landowner's property to enforce state, county, city or town motor vehicle registration and licensing requirements." Section 22-16. Records required of persons renting motor vehicles without drivers. --' Add "No person engaged in the business of renting automobiles and trucks without drivers shall rent any Such vehicle without a dr. iver unless such vehicle is an insured motor vehicle as defined in Code of Va. section section 22-20. Direction of traffic by fire-fighting officials. Insert, "and upon conviction thereof shall be punished by fine of not less than ten dollars nor more than one hundred dollars," after "guilty of a misdemeanor." Section 22-27. Persons operating and riding upon motorcycles. "If Insert, such motorcycle is designed to carry more than one person, it shall also be equipped with a footrest, for the use of such passenger." after the sentence ending "seat of the operator." -- Add the following paragraphs· · "A person operating a motorcycle shall wear a face shield, safety glasses os goggles or have his motorcycle equipped with safety glass or windshield at all times while operating said vehicle, and operators and passengers thereon, if any, shall wear protective helments. Operators and passengers riding on motorcycles with wheels of eight inches or less in diameter shall not be required to wear protective helmets. The Superintendent of State Police shall within one year from the enactment of this bill establish standards for the windshields, face shields, glasses or goggles and protective helmets required herein. Failure to wear a fac~ shield, safety glasses or goggles or protective helmets shall not constitute negligence per se in any civil proceeding." "No motorcycle operator shall use any face shield, safety glasses ~r goggles or have his motorcycle equipped with safety glass or a wind- shield unless of a type approved by the Superintendent." "Any person who knoWingly violates this section shall be guilty of a misdemeanor and shall be punSshed by a fine not exceeding one thousand dollars or confinement in jail not exceeding twelve months, or both, in the discretion of the jury or of the court trying the case without a jury." Section 22-32. Putting glass, etc. oo street prohibited. Change note 6 to refer to "Code of Virginia, Section 33,1-350" instead of Section .33-288.1 . Section 22-33. Arrest for misdmeanors; release on summons and promise to appear. --' After paragraph one, add "Notwithstanding the paragraph above, if prior general approval has been granted for the use of this section by the dourt having jurisdiction as provided in this Article, the arresting officer may appear before a justice of the Peace or other issuing authority of. the city and make an oath. as to the offense and request the issuance of a warrant at any time prior to the return date of the summons or notice. A warrant for the violation shalI then be issued by the justice of the peace or other issuing authority and forwarded forthwith to the court in which said offense is to be tried." Section 22-34. When arr'esting officer may take person before judicial officer in lieu of issuing summons. Insert, "who shall determine whether or not probable cause exists ---that such person is likely to disregard a summons, an~ may issue either a summons or warrant as he shall determine proper." after "the summons required by 22- 33." Add ~as a second paragraph to 22-34. the following.: "Before any warrant shall issue for the prosecution of a violation of an ordinance of the city regulating parking, the violator shall have 3 been first notified by mail at his last known address or at the address shown for such violator on the records of the Division of Motor V hicles, that he may pay the fine, provided by law for such violation, within five days of receipt of such notice, and the officer issuing Such warrant shall be notified that the violator, has failed to pay such fine within such time. The notice to the violator, ~equired by the provisions of this section, shall be contained in an envelope bearing the words 'Law Enforcement Notice' stamped or printed on the face thereof in type at least one-half inch in ARTICLE II. Signs, Signals, and Markers. Section 22-41. (a) Between sentence ending with "arrow" and the one beginning with "Green" add: "A legal right turn on a red signal may be made after coming to a full stop, provided that a sign indicating that such right turn is permissible is placed at the intersection. Such turning traffic shall yield the right-of-way to pedestrians lawfully within an adjacent cross- walk and to other traffic using the intersection." After word "indicates" strike "that" add "the"; After "is given" add "except that such traffic shall yield to other vehicles and pedestrians lawfully within the intersection." . Section 22-41.(b) After "shall stop" add "if it is not reasonably safe to continue"; After "which has" add "already"; After "entirely cleared" add the sentence, "The amber signal is a warning that the red signal is imminent." Section 22-41.(b) Add as last sentence "The use of a flashing amber arrow indicates that traffic may turn in the direction that the arrow is pointing only with caution and shall yield to any vehicle in the intersection or so close thereto as to constitute an in~nediate hazard." -. fire' department or Add 'as , paragraph (e) the following: "Members of any/rescue squads - when on duty may activate electric traffic control signals when such contr-ol signals are specifically authorized by the State Highway Commissioner or the Director of Public Safety." 4 Section 22-45·(a) Add "Provided, further, that if'an affidavit is filed with the Division stating tha~ 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 own. er's spouse, parent or child, if of legal age, fi~ing the affidavit may sign the owner's name for him." Section 22-51. When unlawful to have in possession certificate of title issued to another. Strike out "and acknowledged before a party authorized to administer oaths" ARTICLE III. Licensing and Registration Generally Section 22-57. Sale, etc., of vehicle without having certificate of title. Add "Except as provided in Section 43-34 of the Code of Virginia" --- at the beginning of the ordinance. Section 22-59. Driving without operator's, etc., license prohibited. Change to read as follows: "(a) No person, except those expressly exempted fn Section 46.1-352 thrOugh Section 46.1-356 of the Code of Virginia shall drive any motor vehicle on any highway in this city until such person shall have made application for an operator's or chauffeur's license, as hereinafter pro- vided, and satisfactorily passed the examination required by Section 46.1- 369 of the Code of Virginia and obtained either an operator's or chauffeur' license, nor unless such license issued to 'such person is valid. (b) Upon a first conviction of a violation of this section, the penalty imposed shall be a fine of not more than five hundred dollars or -- imprisonment for not more than six months or both such fine and imprison- ment. Upon a second or subsequent conviction of a violation of this sectic which second offense shall have occurred within one year of a first offense the penalty sha{1 be imprisonment in jail for not less than ten days nor more than six months, and, in addition, may be a fine not less than one 5 hundred dollars no more than five hundr'ed dollars." Section 22-60. Driving while operator's, etc., license suspended or revoked. : --- Insert "and 46.1-387.8 as~amended'' after "In 46.1-352.1." Add at the end of paragraph (b) the fOllowing: "In addition, the court shall suspend or revoke such person's' license, permit, or Privilege to drive;for the same period for which it had been previously suspended or revoked when such person violated this section. In the event such person has violated this section by driving during a period of suspension or revo- cation which was not for a definite period of time, the court shall suspend or revoke such person's license, permit or privilege to drive for an additonal period not to exceed ninety days. Any additional suspension ordered under the provisions of this section shall commence upon the expi- ration of the previous suspension or revocation unless such previous · suspension or revocation has expired prior to the ordering of an additional --suspension or revocation." ARTICLE V. Operation of Vehicles Generally. Division 2 Section 22-84.1. Section 22-84.01. of blood. Lesser. included offense of impaired driving. (repeal Analysis of breath to determine alcoholic content "(a) Any person who is suspected of a violation of 22-84 shall be entitled, if such equipment be available, to have his breath analyzed to determine the probable alcoholic content of his blOod. Such breath may b~ analyzed by any police officer of the St~ate, or of any county, city or town, or by any member of the sheriff's department of any county, in the normal discharge of his duties. 6 (b) The State Board of Health shall determine the proper method and equipment to be used in analyzin~ breath samples taken pursuant to this section and s~all advise the respective police and sheriff's departments 'of the same. (c) Any person who has been stopped by a police officer of the State, or of any county, city cf town, or by any member of the sheriff's departme°~t of any county and is suspected by such officer to be guilty of a violation of 22-84, shall have the right to refuse to permit his breath to be so analyzed, and his failure to permit such analysis shall not be evidence in any prosecution under 22-84, provided, however, that nothing in this section shall be construed aS limiting in any manner the provisions of 22-84.2. (d) Whenever the breath, sample so taken and analyzed indicates that there is alcohol present in the blood of the person from whom the breath was taken, the officer~may charge such person for the violation of 22-84. Any person so charged shall then be subject to the provisions of 22-84.2. (e) The results of such breath analysis shall not be admitted into evidence in any prosecution under 22-84, the purpose of this section being to permit a preliminary analysis of the alcoholic conte~t of the blood of a.person suspected of having violated the provisions of 22-84. (f) Police officers shall, upon stopping any person suspected of having violated the provisions of 22-84, advise such person of his rights under the provisions of this section." Section 22-84.2. Use of chemical analysis to determine alcohol in blood. Paragraph (b) should read "January" where it now reads "July." Strike "sixty-four" and add "seventy-three." After "sample of his blood" add '-~'or breath." Strike 'th~ word "thereof" after "the aleoholic content" and add "of his blood." Add as a final sentence to (b): "Any person so arrested Shall elect to have either the breath or blood sample taken, but not both. It shill not be a matter of defense that either test is not available" In paragraph (c) after "of his blood" add "or breath"; after "alcoholic content" add "of his blood" ~'nd strike the word "thereof"; after "sample of his~blood" add the words "or breath"; after the words -- "requiring a blood" add the words "or breath"; after "then no blood" add "or. breath." In paragraph (g) after the words "whose blood" add "or breath"; after "alcoholic content" strike '~thereof" and add "of his blood." In paragraph (h) strike "five" add "ten." In paragraph (i) after "of the blood" add "or breath"; after "of his blood" add "or breath"; strike "withdrawn" add "taken"; after"the alcoholic content" strike "thereof" and add ."of his blood"; after "that a blood" add "or breath." In paragraph (j) after "of a blood" add "or breath"; after "whom the blood" add "or breath"; In paragraph (1) after "of his blood" add "or breath"; after "the alcoholic content" strike "thereof" and add "of his blood"; In paragraph (m) after "of his blood" add "or breath"; after "alcoholi4 content" strike t~e word "thereof" and add "of his blood"; after "of his blood" add "or breath"; after "alcoholic content" strike the word "thereof" and add "of his blood." Add new paragraph (r-l) as follows: "Chemical analysi~ of ~ 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 methods approved by the State Health Commissioner. Such breath testing'equipment shall be· tested~for its accuracy by the State Health Commissioner's Office at least once every six months. Any individual .conducting a breath test under the provisions of this section and as authorized by the State Health Commissioner shall issue a certificate which will indicate that the test was conducted in accordance with the manufacturer's specifications, the equipment on which the breath test was. cond~cted has been tested wi~thin the past six months, the name of the accused, the alcoholic content of the sample, and by whom the sample was examined. The certificate, as provided for in this section, 8 when duly attested by the authorized indiVidual Conducting the breath test, shall be admissible in any couYt in any criminal'proceedin~ 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 a~rest, or anyone participating in the arrest of the accused, make the breath test or analyse the results thereof." In'paragraph (s) after "disposition of blood" add "or breath." Section 22-85. Presumptions from alcoholic content of blood. In paragraph (1) after "by weight" add "by volume." In paragraph (2) strike "0.15," add"O.lO$" after "by weight" add "by volume", strike "Provided, however, such facts shall not preclude prosecution and conviction under 22-84.1." In paragraph (3) strike "0.15" add "0.10" after "by weight" add "by volume" Section 22-87. Same--Forfeiture of right to drive; suspension cf _. sentence. Str'ike "one year" add "not less than 6 months nor more than one ye~ in the discretion of the court." Division 3 Section 22-90. Specific instances. Add new paragraph (2-a) "Drive a vehicle when it is loaded, or when there are in the front seat such number of persons, as to obstruct the view of the driver to the front or sides of the vehicle or to interfere with the'driver's control over the driving mechanism of the vehicle;" Add new paragraph (3-a) "Drive any motor vehicle, including any motorcycle, so as to be in and parallel to another vehicle in a lane designed for one vehicle, or drive any motor vehicle, including any ._. motorcycle, so as 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 e~'ccrt; Change paragraph (5)~ to read: "Fail to stop, when approachin~ any direction, a school bus, whether publicly or privately owned, is stopped on any highway or school driveway for the purpose of tskin 9 on or discharging children, and to remain stopped until all children 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 which is on a roadway so separated from the one on which he is driving or an adjoining service road so separated. This subsection shall apply only to school buses which are equipped with warning devices prescribed in 46.1-287 Code of Virginia and are painted yellow with the words "School Bus, Stop, State Law" printed in black letters at least six inches high on the front and rear thereof. If space is limited on the front, the words "School Bus" may be in letners at least four inches high. Only school buses as defined in 46.1-1 (37) Cot of Virginia which are painted yellow and equipped with the required lettering' and warning devices shall be identified .as school buses;" Change paragraph (9) to read "or upon any highway under construction p~o!ic or not yet open to the public" after "business property open to the --- Section 22-91. Driving certain vehicles, etc., in excess of eigh~~ miles per hour. Change to read "A person shall be guilty of reckless driving if ha operates a motor vehicle upon 'the highways of this city at a speed of 'twenty or more miles per hour in excess of the applicable maximum spaed limit prescribed in Section 22-98 or in excess of eighty miles per hour regardless of the posted speed limit." Section 22-92. Driving certain vehicles in excess of sixty-fiv~~- ~.ile per hour. · Delete entire section Section 22-93. Racing on highways. After "highways of this city'J add "or upon any driveway or premises of a church, school, recreational facility or business property open to the public in.this city;" after "reckless driving" add "unless authori:'~cd by the owner of the property or his agent." section 22-94. Penalty for reckless driving. Substitute "one thousand dollars" in both places where "five ht~-~c'~-'.:~c] dollars" appears. 10 Section 22-97. Change title to read "Same; reckless driving." Substitute "as provided for in section 22-91" for "for exceeding speed of sixty~five or seventy-five miles per hour, as the case m~ay be, upon the highways of this city under section 22-91 or 22-92" in the first sentence. Section 22-97.1 Improper Driving Strike "one" add "five:" Division 4 Section 22-103. Checking on speed with electrical devices. Add new paragraph (a-l) as follows: "In any court or legal proceeding in which any question arises as to the calibration or accuracy of any such radio microwave or other electricc~ device, a certificate, executed and signed by the officers calibrating or testing such device as to its accuracy as well as to the accuracy of the speedometer of any motor vehicle used. in such test, and stating the time of such test, type of tes~ and results of testing, shall be admissible when attested by one such officer who executed and signed it as evidence of the facts therein stated and the results of such testing." Change paragraph (b) of 22-103 to read "is in uniform and displays his badge." Delete paragraph (c) of 22-103 Section 22-107. Keep to the right in crossing intersections or railroads. At beginning of paragraph add "Except as otherwise provided by law. Division 5 Section 22-128. Exemption Of police officers, etc. Delete "bell" from the second paragraph. Section 22-134. Parking prohibited in specified places. Add "or within fifteen feet of the entrance to a building housing rescue squad equipment or ambulances provided such buildings are plainl~.7 designated" Secti~on 22-137. Stopping on highways -- Generally. After "in which case" add "the emerge,~cy flashing light of such 11 and such lights are operating, and" ~ ARTICLE VI. StoP, ping, Standing and Parking Generally. vehicle shall be turned on if the vehicle is equipped .with such lights Section 22-141. Flares and other signals, etc. Add "Truck, trailer, house trailer or mobile home" after "bus." Add "Red reflectorized ~riangular warning devices of a type approved by the ~perintendent may be used in lieu of flares or torches." as the last sentence of the first paragraph. Add new second (2) paragraph to read "The exception provided herein with respect to highways within the corporate limits of cities or upon streets or highways which are artificially lighted at night shall not apply to any portion of any interstate highway within the corporate limits of the city." Section 22-143. Same -- When red flags required, etc. Add "Red reflectorized triangular warning devices of a type approved --by the Superintendent may be used in lieu of flags." as last sentence. Section 22-147. Removal and disposition of certain unattended vehicles, etc. After sentence ending "or sale thereof" add "It sh~ll be presumed that such motor vehicle, trailer or semitrailer, or part thereof is aban- doned, if (1) it does not bear a current license plate or a valid state inspection certificate or sticker and (2) it has been in a specific locatior for ten days without being moved. Add new paragraph. "Any personal property found in any unattended or abandoned motor vehicle, trailer or semitrailer may be sold incident to the sale of any such vehicle as authorized." Section 22-149. Removal and disposition of v&hicles unlawfully ---parked, etc. Add new paragraph. "Whenever a motor vehicle, trailer or semitrailer involved in an accident is found upon the highways or streets therein and % 12 is so located as to impede the orderly flow of traffic, the police may at no cost to the owner or operator remove such motor vehicle, trailer or semitrailer frOm the highways or streets to some point in thel Vicinity where such motor vehicle, trailer or semitrailer will not impede the flow of traffic." ARTICLE VIII. Lighting Equipment. ~ Se.ction 22-169. Head lamps, etc. on motorcycles. Add as second and third paragraphs. "Notwithstanding any provision of law to the contrary, it shall be unlawful for any duly licensed person to operate a motorcycle designed exclusively for use in trail riding, or sporting events known as endurance runs, during the actual running of such e'vents when the same have been sanctioned by the American Motorcycle Association, on portions of the public highways between sunrzse and sunset without 'headlights, horn or rearview mirror. Persons operating such motorcycles without such equipment on the public highways of this~ city other than at the times and under the circumstances hereinabove Set forth shall, be guilty of a misdemeanor." Section 22-170. Rear lamps. Add paragraph three. "Every motor vehicle, trailer or semitrailer, e~cept an antique vehicle not originally equipped with a stop lamp, registered in this city and operated on the highways in this city shall be equipped with at least one stop lamp of a type approved by the Superintendex which automatically exhibits a red or amber light plainly visible in clear weather from a distance of five hundred feet to the rear of such vehicle when the foot brake pedal is actuated." Section 22-176. Other permissible lights,, et.c. Delete all afte.r first paragraph and add as follows: "Only those vehicles listed in paragraph (a) of 46.1-226 and paragraph (a) of 46.1-267 Code of Virginia and school buses may be equipped with flashing, blinking or alternating red emergency lights of a type approved by the SuPerintendent.'' ' 13 "(a) A member of. any fire department, volunteer fire company volunteer rescue squad may equip one vehicle owned by him with a fl~ or steady-burning red..~ light of a type approved by the Superintendent- use by him only in answering emergency calls." "Any person violating the provision of this section shall be of misdemeanor ." "(b.) Blue lights, steady or flashing, of a type approved by Superintendent shall be reserved for civil defense vehicles, public privately owned." "No motor vehicle shall be operated on any highway which is eq with any lighting device other than lamps required or permitted article or required or approved by the Superintendent o~ required b Federal Department of Transportation." Section 22-177. When li'ghts to be lighted, etc. Add the word "head" before "lamps" in paragraph (a). ARTICLE IX. Brakes, Horns, and Other Mechanical Equipment. Section 22-186. Within what distances brakes should stop vehi Change to read as follows: "On a dry, hard, approximately level stretch of highway free f loose material, the seruice braking system shall be capable.of motor vehicle or combination of vehicles at all times and under ali. conditions of loading at a speed of twenty miles per hour within following distances: (a) Passenger motor vehicles except buses and antique vehicl{ de. fined in Section 22-2, twenty-five feet. (b) Buses, trucks, and tractor trucks, forty feet. (c) Motor vehicles registered or qualified to be registered antique vehicles under section 22-2 when equipped with two-wheel forty-five feet; four-wheel brakes, twenty-five feet. (d) All combinations of vehicles, fifty feet. (e) Motorcycles, thirty feet. Section 22-187. Sam~ -- Trucks, etc. Delete in its entirety. 14 Section 22-196. Section 22-196. school, camp, etc. Section 22~193. Illegal sirens, etc. Add new second paragraph as follows: "Notwithstanding the provisions of this chapter, a siren, bell or supplemental horn may be used on a vehicle as a noisemaker for an alarm system provided the device is installed so as to prohibit actuation of the system by the driver while the vehicle is in motion." ~ Section 22-195. Warning devices on school buses; use thereof. Add new paragraph (a-l). "Failure of warning device to function on any school bus shall not relieve any person operating a motor vehicle from his duty to stop as provided in 22-90." Delete in its entirety and substitute: Vehicles hired to t~ansport children to or from "-~ny private individual, corporation or civic, charitable or eleemosy- nary organization, for the purpose of transporting children to or from school, camp, or any other place during any part of the year, may contract to hire motor vehicles identified as regular school buses, having a seating capgcity of more than fifteen persons, which are painted yellow, and if such motor vehicles are used for such purpose they shali be equipped and operated in the same manner as are the regular school buses pursuant to the provision of Section'46.1-168 et seq. of the Code of Virginia." Change footnote #5 to "For similar state law, see Code of Va., §46.1-287.1. Section 22-197. Mirrors. Add new second paragraph as follows: "No motor vehicle registered in this city designed and licensed primarily for passenger vehicular transportation on the public highways and manufactured for the year nineteen hundred sixty-nine or for subse- quent years shall be operated on highways of this city unless equipped with at least one outside and mt least one inside rear view mirror meeting the requirements of subsection (a) hereof." 15 Section 22-199. Signs on winds~hields, etc. Add second sentence as follows: "The size and placement location of stickers or decals used by counties, cities, and towns in lieu of license plates shall' be£in compliance with regulations promulgated-by the Superintendent." Secotion 22-200. Suspen'Sion of objects so as to obstruct view of drivez After "rear window" add "or to alter a passenger-carrying vehicle in a manner as to obstruct the driver's view through the windshield." Section 22-202.1. Windshields. ~Add new section to read as follows: "It shall be unlawful for any person to operate upon a highway in this city any motor vehicle or reconstructed motor vehicle, other than a motorcycle, registered in this state which was manufactured, assembled or reconstructed after July one, nineteen hundred seventy, unless such motor vehicle is equipped with a' windshield." Section 22-205. Cleats, etc., on tires, chains. Add. "It shall also be permissible to use upon any vehicle, whose gross weight does not exceed ten thousand pounds, tires with studs which project not more than one sixteenth of an inch beyond the tread of the traction surface of the tire when compressed and which cover not more than three percent of the traction surface of the tire. The use of such studded tires shall be permissible from November first n.ineteen hundred seventy-two to April first, nineteen hundred seventy- three, and.from November first, nineteen hundred seventy-three to April first, nineteen hundred seventy-four." Section 22-208. Requirements for signal devices. .~ Add "Motor vehicles may be equipped with a braking warning 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." Add "Motor vehicles, trailers and semitrailers, when te.mporarily stopped'on the traveled or paved portion of the highway so as to create a 16 traffic hazard shall use all four turn ·signals simultaneously to signal approaching motorists of the eXisting hazard whenever such vehicle is equipped with a devicg, which will cause the four turn signals to flash __simultaneously. All four signals may be flashed simultaneously on a vehicle stopped at the scene of a traffic hazard, but in no event shall all four signals be flashed simultaneously while the vehicle is in motion." Section 22-210. Exhaust System. Add paragraph (c) as follows: "Chambered pipes shall not be deemed to be an effective muffling device to prevent excessive or unusual noise as required in subsection (a)." Section 22-214. Fastening load of logs, barrels, etc. After "chains" strike "or"; after "metal cables" add "nylon webbing, steel straps or other restraining devices." Section 22-217. Safety belts and harnesses. Change to read as follows: (a) "Any safety lap belt or shoulder straps or harness or any combination of lap belt and shoulder strap or harness installed in a vehicle shall be designed and installed in such manner as to prevent or materially reduce · movement of any person using .the same in the event of collision or upset of the vehicle. (b) The Superintendent shall establish specifications or requirements for approved type safety lap belts and shoulder straps or harnesses or any combination of lap belt and shoulder strap or harness attachments and installation, in accordance with the provisions of ·this section, and such specifications or requirements may be the same as those specifications or requirements for safety lap belts or shoulder straps or harnesses or any combination of lap belt and shoulder strap or harness established by the Civil Aeronautics Administration Technical Standard Orders or regula- tions established by the Society of Automotive Engineers or the standards of the Federal Department of Transportation, for safety'lap belts and . shoulder straps or harnesses or combination lap belts and shoulder straps or harnesses. (c) No 'person shall sell, offer or keep for sale any safety lap 17 belt, shoulder straps or harness, or any combination of lap belt and shoulder strap or harness or attachme~nts..thereto for use in a vehicle, unless of a type whic,h has been approved by the Superintendent." Section 22-217.1. Safety belts and safety harnesses to be installed on c~rtain motor vehicles. New section as follows: -~ ~ "(a.) No motor vehicle ~egistered in this State designed and licensed primarily for private passenger vehicular transportation on the public highways, and manufactured for the year nineteen hundred sixty-three or for subsequent years, shall be operated on the highways of this city unless the front seats thereof be equipped with adult safety lap belts or a combination of lap belts and shoulder straps or harnesses of a type or types approved by the Superintendent. (b) Failure to use such~ lap belts or a combination 'of lap belts and shoulder straps or harnesses shall not be deemed to be negligence. (c) Passenger motor vehicles registered in this city and manufactured ---after January first, nineteen hundred sixty-eight, shall be equipped with lap belts or a combination iof lap belts and shoulder straps or harnesses as required to be installed at the time of manufacture .by the Department of Transportation." Section 22-226. Length of vehicles - Generally; special permits. Add "and provided further, that vehicles designed and used exclusively vehicles for the transportation of motor/may have an additional overhang not to exceed five feet." Section 22-238. Permits required for vehicles of excessive size, etc. In paragraph (b) after "concrete in' transit" add "or at a project site for transporting necessary components to produce concrete immediately upon arr'ival at the project site." Section 22-239. Weighing vehicles. Add "In amy court or legal proceedings in which any question arises 18 as to the calibration or accuracy of any such scales at permmnent weigh- lng stations or loadometers, a certificate, executed and signed under oath by the inspector calibrating or testing such device as to i~s accuracy as well as to the accuracy of the test weights used in such test, --and stating the time of such test and results of testing, shall be admissible when attested by one such inspector who executed and signed it as evidence of the facts.therein stated and the results of such testing. ARTICLE XII. Size and Weight. Section 22-240. Assessment etc., of liquidated damages for violation of weight limit. Change to read as follows: "Upon conviction of any person for violation of any weight limit as provided in this chapter or in any permit issued by the State Highway Commission or local authority pursuant to 46.1-343 ~r 46.1-343.1 of the Code of Virginia, or 22-238. of the City Code, the court shall assess the owner, operator or other person causing the operation of such over- -- weight vehicle liquidated damages in the amount of two cents per pound for each pound of excess weight over the prescribed limit in this chapter · whe~ such excess is more than five thousand pounds, two cents per pound for each pound of excess axle weight over the prescribed limit in any permit issued pursuant to 46.1-343 or 46.1-343.1 Code of Vizginia or 22-238. of the City Code, when the excess axle weight over the prescribed limit in any permit issued pursuant to 46.1-343 or 46.1-343.1 of the Code of Virginia or 22-238 of the City Code, when such excess is more than five thousand pounds and ten cents per pound for each pound of excess gross weight over the prescribed limit in any permit issued pursuant to 46.1-343 or 46.1-343.1 Code of Virginia or 22-238 of the City Code, provided, how- ever, whenever any vehicle does not exceed the gross weight permitted --- according to the table provided in 46.1-339 Code of Virginia and exceeds the axle weight in this chapter by two thousand pounds or less, the court shall assess liquidated damages in the amount of one cent per pound for each pound of excess ~eight over the~prescribed axle limit in this chapter. Such assessment shall be entered by the court ms a judgment for the City, 19 the entry of which shall constitute a lien upon the overweight vehicle. Such sums shall be paid into court or collected by the attorney for the City and forwarded tp the City Treasurer and allocated to the fund appropriated for the construction and maintenance of City highways." ARTICLE XIII. Protection of Pedestrians. Section 22-247. Right of way of pedestrians. ~ In first paragraph after "a highway" strike "within a business or residence destrict;" after"crosswalk" insert "whether at mid-block or at the end of any block;" strike the last two paragraphs beginning with "Notwithstanding." ARTICLE XIV. Accidents. Section 22,259. Duty of driver to ~top, etc. Rewrite paragraph (a) to read: "(a) The driver of any vehicle involved in an accident in which a person is killed or injured or in Which an attended vehicle or other attended property is damaged shall immediately stop as close to the scene of the accident as possible without obstructing traffic and report forth- with to the polic~ authority; and, in addition, to the p~rson struck and injured if such person appears to be capable of understanding and retain- ing the information, or the driver or some other occupant of the vehicle collided with or to the custodian of other damaged property, his name, address, operator's or cha'~ffeur's license number and the registration number of his vehicle. The driver shall also render reasonable assistance to any person injured in such accident, including the carrying of such injured person to a physicS'an, surgeon or hospital for medical treatment if it i.s apparent that such treatment is necessary or is requested by the injured person." · Section 22-260.. Penalty. Add new second paragraph aS follows: "Any person convicted of violating the provisions of 22-259 may be punished in addition to the penalties provided in the first paragraph of this section, if such accident resulted only in .damage to property and 2O such damage exceeded two hundred fifty dollars, by revocation of his license, or privilege to operate a m6tor vehicle on the highways ~f the state for a period not to exceed six months by the court or judge; pro- vided that this section shall in no case be construed to limit the authority or duty of the Commissioner with?espect to revocation of licenses for violation of 22-259 as provided in chapter 6 (46.1-388 et seq.) of the Code of Virginia. Any license revoked under the provisions hereof shall be surrendered to the court to be disposed of in accordance with the provisions of 22-66." This ordinance shall be in full force and effect from the date of passage. First Reading July 10, 1972 the Adopted by theCouncil of the city of Virginia Beach, Virginia, on day of , 19 . ITEM #4816 On motion by Vice Mayor Ervin, seconded by Councilman Cromwell, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Robert B. Cromwell, Jr., Vice Mayor F. Reid Ervin, George R. Ferrell, Charles W. Gardner, Clarence A. Holland, D. Murray 'Malbon, J. Curtis Payne, Mayor Donald H. Rhodes, and Floyd E. Waterfield, Jr. Nays: None Absent: None City Council approved the following budgetary adjustments in the amount of $96,500 for the Fiscal Year 1972: Transfer $96,500 from "Reserve for C'ontingencies-Salary Adjustments" to the following accounts: (a) $33,000 to Retirement System (4111-513) - This change for increased employer FICA costs should have been made when salaries were adjusted across- the-board in October. (b) $5,000 to Volunteer Fire Depts. (9022) - Electric Current, repairs to automotive equipment and tires, tubes and parts exceeded budget estimates. $40,000 to Erosion Commission (10541)'- The Commission underestimated requirements for dredge materials and 'supplies. (d) $1,900 to Farmers' Produce Market (14110) Necessary to employ laborer - not initially budgeted. {e} $16,000 to General Registrar (17010) - Three unantici- pated elections held'"during year; (1) Democratic primary- [changed from June to September], (2) School Bond Referendum and (3) Special Senate election for part of City. (f) $600 to Zoning Board (17110) - Costs exceeded estimates. 2. Transfer $11,900 from Insurance (18010) to the following accounts: (a) $9,500 to Volunteer Fire Depts. (9022) and (b) $2,400 to Auxiliary Police (9011) - to correct budgetary distribution of Insurance costs. Transfer of $15,500 from Hospitalization (8030) to Social Services Bureau (8010) for Salaries of'Assistant Director and Welfare Aide. Increased estimated revenues from Civic Center rentals by $14,000 and appropriate $10,000 for Civic Center operating costs. ITEM #4817 On motion by Councilman Payne, seconded by Councilman Gardner, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Robert B. Cromwell, Jr., Vice Mayor F. Reid Ervin, George R. Ferrell, Charles W. Gardner, Clarence A. Holland, D. Murray Malbon, J. Curtis Payne, Mayor Donald H. Rhodes, and Floyd E. Waterfield, Jr. Nays: None Absent: None City Council authorized the preparation of a Resolution naming Mr. Roger M. -~.ott, City Manager, as the authorized agent to sign and execute all federal id state grant application forms and statements necessary for the city's articipation in these grant programs. ITEM #4818 On motion by Councilman Cromwell, seconded by Councilman Malbon, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Robert B. -Cromwell, Vice Mayor F. Reid Ervin, George R. Ferrell, Charles W. Gardner, Clarence A. Holland, D. Murray Malbon, J. Curtis Payne, Mayor Donald H. Rhodes, and Floyd E. Waterfield, Jr. Nays: None Absent: None City Council accepted the Iow bid of Southern Metal Products in the amount of $70,934 for the addition to the City Garage and authorized the City Manager to execute the contract for this improvement. ITEM #4819 motion by Councilman Ferrell, seconded by Councilman Gardner, and by record¢ .ote as follows: Ayes: Councilmen John. A. Baum, Robert H. Callis, Jr., Robert B. Cromwell, Jr., Vice Mayor F. Reid Ervin, George R. Ferrell, Charles W. Gardner, Clarence A. Holland, D. Murray Malbon, J. Curtis Payne, Mayor Donald H. Rhodes, and Floyd E. Waterfield, Jr. Nays: None Absent: None City C6uncil approved ab appropriation in the amount of $33,704. from Reserve for Contingencies to the appropriate account to provide for the addition of two building inspectors and one plumbing inspector as follows: 1. Building Inspector Building Inspector* (three [3] months to be paid by EEA Grant) Plumbing Inspector 12 months 34-A $ 7,056.00 9 months 34-A 5,292.00 7,056.00 Each of these inspectors will need a pick-up truck equipped with radio. 3 pick-up trucks @ $2,700.00 1 car 4 mobile radios including installation 8,100.00 3,200.00 3,000.00 $33,704.00 ITEM #4820 On motion by Councilman Payne, seconded by Councilman Ferrell, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert H. Callis, Jr., Robert B. Cromwell, Jr.~ Vice Mayor F. Reid Ervin, George R. Ferrell, Charles W. Gardner, Clarence A. Holland, D. Murray Malbon, J. Curtis Payne, Mayor Donald H. Rhodes, and Floyd E. Waterfield, Jr. Nays: None Absent: None City Council authorized the City Manager to execute a standard water agreement between the City and KOA Campgrounds. ITEM #4821 _ty Council deferred consideration of appointments to the Norwegian Lady mmittee for one week. ITEM #4822 City Council deferred consideration of the wetlands ordinance. ITEM #4823 On motion by Councilman Payne, seconded by Councilman Holland, and by recorded vote as follows: Ayes: Councilmen John A. Baum, Robert H. ~allis, Jr., Robert B. Cromwell, Jr. Vice Mayor F. Reid Ervin, George R. Ferrell, Charles W. Gardner, Clarence A. Holland, D. Murray Malbon, J. Curtis Payne, Mayor Donald H. Rhodes, and Floyd. E. Waterfield, Jr. Nays: None Absent: None .City Council noted its intention to hold a closed meeting on Monday, July 17, ~72, for the purpose of discussing items permitted for discussion under the ?eedom of Information Act of the Commonwealth of Virginia. ITEM #4824 On motion by Councilman Gardner, seconded by Councilman Ferrell and unanimous vote, the meeting adjourned. , Ridhard J."~bbon, City Clerk by City of Virginia Beach, Virginia