MARCH 7, 1977
CITY OF VIRGINIA BEAC'
MUNICIPAL CENTER
"@lcttd'@ -ftg.it VIRGINIA BEACH, VIRGINIA 23456
MAYOR CLARENCE A. HOLLAND, M.D., B.y,id@ B .... gh J. HENRY M,COY, ],.. D.D.S., X@.p-ill@ B.,..gb
VICE MAYOR PATRICK L. STAND[NG, A, L-S@ MEYERA E. OBERNDORF, A, L.,V
JOHN A. BAUM, B.,..gb J. CURTIS PAYNE, P,i.@@@, A..@ B.,..gb
ROBERT B. CROMWELL, I,. Al L.,g@ ROGER L. RIGGS. Vigi@i. B@.,b B.,.@gb
GEORGE R. FERRELL, A, L.,g@ FLOYD E. WATERFIEL.D, ],., P..g@ B.,.@gb
JOHN R. GRIFFIN, Ly.@b..@. B.,..gh RICHARD 1. WEBBON, Cil, Cl@,k
A G E N D A
The City Council of the City of Virginia Beach, Virginia, will assemble in
the Administration Building, Princess Anne Borough, Virginia Beach, Virginia,
in Regular Session, at 12:30 p.m. on Monday, March 7, 1977, for the purpose
of conducting public business and will hear and act upon the following items:
1. Call to order by the Llonorable Clarence A. Holland, Mayor, in the Council
Conference Room.
2. Roll Call of the Council.
3. Motion and Roll Call to recess into Informal Discussion and Executive
Session. Upon conclusion of the Executive Session, City Council will
reconvene in tlie City Council Chambers.
4. Invocation will be given at 2:00 p.in., by the Reverend J. Alton Butts,
Saint Mark's A.M.E. Church, Virginia Beach, Virginia. Please remain
standing for the Pledge of Allegiance.
5. Roll Call of the Council.
6. Minutes of the Regular Meeting of February 28, 1977 to be presented for
approval and acceptance.
7. Items for Second Reading:
a. City Council is requested to approve on second reading an ordinance
to amend and reordain Section 21-5 of the Code of the City of Vir-
ginia Beach, Virginia pertaining to mosquito control districts.
b. City Council is requested to approve on second reading an ordinance
to appropriate funds to provide needed equipment for the Police,
Public Works and Fire Departments. The appropriation is in the
amount of $169,700 in Anti-Recession Fiscal Aid Proa.ram funds.
8. Public Notice:
PUBLIC NOTICE
Virginia Beach: Notice is herein given that on
Monday, @larcli 7, 1977, at 2:00 p.m. in the City
Council Chambers in the Administration L@uild4lng
at the Nlunicipal Center, Princess Anne Station,
Virginia Beach, Vi-rginia, the City Council of
the City of Virginia Beach will meet for the
purpose of tioldilig a public hearing on the app-
lication for a feder-.tl grant from the Department
of Ilousing and Urban Development under the liousing
and Commuiiity Development Act of 1974. The pro-
posed third-year application requests fundi.ng
for certain community development acitivites under
Public Law 93-3S3 in the ainount of $2,230,000 for
fiscal year 1977-1978. Persons wishin.- to be
heard regarding tliis matter must registcr with the
Office of the City Cl(-,i,k by letter or tolepliolle
(427-430,J) on or before 5:00 p.m. oii IVednesday,
@larcli 2, 1977 or at tlie City Clerk's desl@ prior to
the openiiig of the meeting.
Richard 1.,1 bbon
City Clerk-
Letter from the City Manager recommending approval of a Resolution and
the City's Community Development Steering Committee proposal for the
third year grant application of the Community Development Block Grant
in the amount of $2,280,000. This prograin would be limited to helping
low income residents of the target neighborhoods handle the costs of
connection to sewer and water lines and tap fees required by the City's
mandatory connection ordinances, and minimum indoor bathroom and kitchen
plumbing fixtures.
9. Letter from the City Manager recommending denial of the appeal of Mr.
Alfred M. Mason, through his attorney Richard M. Swope, to the on-site
improvement requirements, specifically, objecting to the installation
of a perimeter curb around the parking lot. This appeal is in regard
to a site plan which was submitted by Mr. Mason on June 10, 1976 to
tiie City Engineer's office. The site plan was approved on June 11,
1976.
10. Letter from the City Manager transmitting the recommendation of the
Planning Commission for denial of the application of Gibson Equipment
Co., Inc. for a Conditional Use Permit for recreational facilities of
an outdoor nature (water slide). Lynnhaven Borough.
11. Letter from the City Manager recommending approval of an ordinance
to accept grants totalling $45,034 from the Division of Justice and
Crime Prevention and to appropriate these funds.
12. Letter from the City Manager recommending approval of an ordinance to
amend and reordain Divisions 4 and S of Article III of Chapter II of
the Code of the City of Virginia Beach, Virginia, relating to officer
and employees.
13. Letter from the City Manager recommending approval of an ordinance
to accept $lSS,209 from the Southeastern Tidewater Area Manpower
Authority and to appropriate these funds.
14. Letter from the City Manager recommending approval of the following
standard water/sewer agreements:
water & sewer - Thoroughgood Colony - Bayside Borough
15. Letter from the City Manager recommending approval of the request of
Mr. V. A. Etheridge, City Treasurer for tax refunds in the amount of
$ 4 7 5 . 4 4 .
16. Letter from the City imanager recommending approval of the following
bingo application:
Virginia Beach Civic Ballet (renewal)
17. Old business, deferred from the previous meeting, including any report
of the Mayor or committees named by Council.
18. New business, including any presentations by Council Members, citizens
and organizations.
19. Motion for adjournment.
MINUTES OF THE IIONORABLE CITY COUNCIL
OF THE
CITY OF VIRGINIA BEACH, VIRGINIA
March 7, 1977
The regular meeting of the Council of the City of Virginia Beach,
Virginia, was called to order by Vice Mayor Patrick L. Standing,
in the Conference Room, in the Administration Building, Princess
Anne Borough, on Monday, March 7, 1977, at 12:30 p.m.
Council Members present: John A. Baum, Robert B. Cromlvell, Jr.,
George R. Ferrell, John R. Griffin, J. Henry McCoy, Jr., Meyera
E. Oberndorf, and Vice Mayor Patrick L. Standing
Council Members absent: Mayor Clarence A. Holland, J. Curtis
Payne, Roger L. Riggs* and Floyd E. Waterfield, Jr.*
ITEM #10517
Vice Mayor Standing entertained a motion to permit the Council to
conduct an informal discussion to be followed by an Executive Session
for the purpose of discussing the following:
1. Discussion or consideration of employment,
assignment, appointment, promotion, demotion,
salaries, discipline or resignation of public
officers, appointees or employees of any public
body. (Personnel Matters)
2. Discussion or consideration of the condition,
acquisition or use of real property for public
purpose, or other disposition of publicly held
property. (Acquisition, use or disposition of
publicly held property).
3. Consultation with legal counsel and briefing
by staff members, consultants, or attorneys per-
taining to actual or potential litigation, or
other legal matters within the jurisdiction of
the public body. (Legal Matters).
On motion by Councilman Griffin, seconded by Councilman Cromwell,
and by recorded vote as follows:
Ayes: Councilmen John A. Baum, Tlobert B. Cromwell, Jr., George R.
Ferrell, John R. Griffin, J. !Ienry McCoy, Jr., Councilwoman T,@leyera
E. Oberndorf, and Vice @,layor Patrick L. Standing
Nays: None
Absent: Mayor Clarence A. '@lolland, J. Curtis Payne, Roger L.
Riggs and Floyd E. Waterfield, Jr.
City Council voted to proceed into Executive Session following the
informal discussion.
*Councilman Riggs entered meeting at 12:39 p.m.
*Councilman Waterfield entered meeting at 12:47 p.m.
ITEM #10518
Mr. Robert J. Scott, Planning Director, appeared at the informal
meeting and discussed with Council the rezoning of land around the
Arts and Conference Center.
Mr. Scott presented each Council Member with a copy of the proposed
changes. This would be a new amendment to the Zoning Ordinance, but
would have the same status as the H-2 District.
The effect of the zoning changes would be to expand those uses which
are generally allowed in this area, expanded to the extent that it
would include hotels, apartments, etc. The new amendment also has
a number of uses which are allowed as conditional uses which would
give Council a high degree of control over anything that would go
in there through the Conditional Use Permit process.
Such uses such as automobile repair shops, automobile sales, commercial
recreational facilities, funeral homes, wholesale operations, bulk
storage yards, car wash facilities, mobile home sales would not be
permitted as they are incompatible with an Arts and Conference Center.
The City Manager stated that this was not a down-grading of anyone's
property in that area, if anything it is a severe upgrading as it
would be a uniform zoning on all of the neighborhoods in that area.
Vice Mayor Standing stated that this proposed change follows up a
land-use plan that Council approved some 6 or 8 years ago regarding
the Toll Road Corridor, which just included the northside of 22nd
Street to the southside of 21st Street, requesting commercial zoning
on primarily all of that Corridor in that particular area.
Councilwoman Oberndorf requested information on what will become of
the residents in the area if the property owners decide to upgrade
the property? The owners in turn will have to raise the rent and
apparently low and moderately income persons are occupying these
homes.
Councilman Baum stated that when an area is in transition from
residential to commercial you "red-line" this type of commercial,
however, you cannot consider it a slum clearance.
The City Manager stated that the City is now working on a housing
program for Virginia Beach and many of the houses in that zoning
could be considered as very substandard, and attempts to try to
upgrade the area would be a tremendous benefit to the residents
who live in that area as well as the property owners.
ITEM #10519
The City Manager stated that on the 1980 Census study several items
h@ve come to his attention. One of which is that modifications have
to be made to the City's Voting Precinct and Electoral Maps. The
following is an explanation of these items:
1. It is recommended that the voting place in the
Oceana Election District be changed from the Oceana
Volunteer Fire Department to the Knights of C7olumbus
Hall; in tTe-Little Neck E@ec@ion District, from Kings
Grant Elementary Se o@ol to Kingston Elementary School;
and in the Courthouse Election District, from the Court-
house Volunteer Fire D partment o liollant E-le@entary
School. These changes are technically not related to
any requirement imposed by any State or Federal guidelines
but are for purposes of convenience. These changes will
require formal Council action and this itein lias been
advertised for the Nlarch 14, 1977, Council meeting.
2. At present, the City's election districts are totally
enclosed within borough lines and very frequently are bounded
by the borough lines or other arbitrary lines. It is required
that all election districts be bounded by distinct pbysical
features in the future. Since borough lines in many cases do
not follow distinct physical features, it is impossible for
these borough lines to serve as election district boundaries.
However, until last week, when the Governor signed House Bill
No. 1526, it was not permissible for election districts to
cross borough lines in order to be bounded by the physical
features. In summary, Virginia Beach was required to do
something that we were not allowed to do. Since this problem
has now been eliminated, it is recommended that changes be made
to the boundary line between the following election districts:
a. Cape Henry and Virginia Beach A
b. Linkhorn and Virginia Beach A and B
C. Seatack and Virginia Beach C
d. Windsor Woods and Mount Trashmore and Thalia
e. Malibu and Thalia
These changes will be absolutely minimal in nature and will merely
shift election district boundaries which are now borough lines to
the closest physical feature to the borough line at present.
In addition, it is recommended that the following nine minor map changes
be made for clearer delineation of boundaries:
a. Great Neck and Oceana (drainage feature)
b. Trantwood and Oceana (new road alignment)
C. London Bridge and Oceana (drainage feature and Oceana
property line)
d. London Bridge and Princess Anne Plaza (school property
line and drainage feature)
e. Brocks Bridge and Courthouse (drainage feature)
f. Kempsville and Mount Trashmore (new road alignment)
g. Aragona A and Davis Corner (drainage feature)
h. Davis Corner and Bayside (drainage feature)
i. Capps Shop and Creeds (drainage feature)
All changes are recommended based on the idea of retaining all district
lines if possible, and, as necessary, making as small a change to voters
as possible. This will require formal Council action to amend the map
as well as the City Code.
3. The City presently has one split election district in the
City which should be eliminated as quickly as possible. The
voters in this district do not presently all vote for the same
U.S. Congressional and State Senatorial candidates. It is
recommended that NAS Oceana in its entirety be located within
the Oceana Election District, and the Brocks Bridge Election
District (which presently includes that section of NAS Oceana
which lies within Princess Anne Borough) be amended accordingly.
4. During the review and correction process, a discrepency
was discovered in the Courthouse Election District. We have
been able to carefully document that all our records regarding
the location of the borough line separating Princess Anne
aorough and Kempsville Borough are correct. This borough line
serves as the boundary between two U. S. Congressional Districts
and two State Senatorial Districts. In assigning voters to each
of these districts, it appears that the borough line was in-
correctly considered and there are now approximately 200 registered
voters assigned incorrectly. Our deligation to the General
Assembly has been advised of this problem and the State Attorney
General's Office has informed us that the correct procedure would
involve notifying the U. S. Department of Justice to assure them
them of our intent to correctly assign these voters to
their proper Congressional and Senatorial Districts, in
order to assure theii that this change is not for the
purpose of diluting the voting power of any minority
group. This adjustment can be made administratively and
no formal Council action will be required. It would per-
haps be advisable to notify Council of this situation.
ITEM #10520
The City Manager stated that the North Virginia Beach Drainage Plan
had been reviewed by Council in the past. The firm of Baldwin and
Gregg had been employed to do the study.
Mr. C. Oral Lambert, Public Works Director, stated that as the
City 1@lanager had previously stated Council has seen the preliminary
design of the project. That design has progressed to the point where
Phase I has been completed; such as the drainage outfall and the
pumping station.
Mr. Lambert introduced Mr. Shea Gregg of Baldwin and Gregg.
Mr. Gregg stated that several years ago Baldwin and Gregg were
given the assignment of studying the North Virginia Beach Drainage
problem. The problem involved 51st Street to the Fort Story line.
Not including Princess Anne Hills. It was determined that the dis-
charge of the storm water would have to go through the ocean rather
then any other bodies of water.
The project was divided into five (5) drainage areas with each area
having a pump station.
Mr. Louis White, also of Baldwin and Gregg, stated that when the study
first began the thought was to take this water through a pipeline and
out into the ocean by means of piles and a raised pipe. The Corps of
Engineers suggested they go underground with the pipe and out into the
ocean. The cost would have been prohibitive so the only alternative
was to go across the beach with the storm water discharge.
The City Manager stated that engineering wise it is anticipated that
concrete bags will be covered by the sand during normal tidal action,
and will be subject to sand buildup. However, during a major storm
the bags will be uncovered.
The structures will be built on the oceanside of the dunes at the ends
of the streets. The structure will be on piles, however, the concrete
riprap will have to be repaired at the end of a major storm.
Each phase of this project will cost between $900,000 and $1 A.4illion
each.
ITEM #10521
The City Manager informed Council that he has made arrangements to
meet with the State Legislators on Monday, March 14, 1977, at 10:00
a.m.
ITEM #10522
At 2:15 p.m., City Council reconvened in the Council Chambers with
the following Members present:
John A. Baum, Robert B. Cromwell, Jr., George R. Ferrell, John R.
Griffin, J. Henry McCoy, Jr., Councilwoman Meyera E. Oberndorf,
Roger L. Riggs, Vice Mayor Patrick L. Standing, and Floyd E. Waterfield,
Jr.
Council Members absent: Mayor Clarence A. Holland, and Councilman J.
Curtis Payne
The invocation was given by the City Clerk, Richard J. Viebbon, followed
by the Pledge of Allegiance.
ITEM #10523
Councilman Baum made a motion, seconded by Councilman Waterfield, to
correct the minutes of February 28, 1977 by substituting two ordinances,
one dealing with the rates, etc., for sewers and sewage disposal and the
other dealing with rates, etc., for water supply, both dated March 1,
1977 on the last page thereof, a copy of which you have in front of you,
and have the Council ratify and confirm these two ordinances as the ones
being effective on April 1, 1977. The recorded vote is as follows:
Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., George R.
Ferrell, John R. Griffin, J. Henry McCoy, Jr., Councilwoman Meyera
E. Oberndorf, Roger L. Riggs, Vice Mayor Patrick L. Standing, and
Floyd E. Waterfield, Jr.
Nays: None
Absent: Mayor Clarence A. Holland, and Councilman J. Curtis Payne.
City Council voted to correct the minutes of February 28, 1977, by
substituting two ordinances, one dealing with the rates, etc., for
sewers and sewage disposal and the other dealing with rates, etc.,
for water supply, both dated March 1, 1977 on the last page thereof,
a copy of which you have in front of you, and have the Council ratify
and confirm these two ordinances as the ones being effective on
April 1, 1977.
ORDINANCE NO.
AN ORDII@'7@NCE TO IV.IFI@D A?@D IZFORDAIN
CIIAI'TER 37 OF TIIE CODE OF T']E CITY
OF VIRG114IA BEACII, VIRGINIA, RELATING
TO WATER SUPPLY.
BE IT ORDAINED BY TIIE COUNCIL OF TliE CITY OF VIRGINIA BTACH, VIRGINIA:
That Cliapter 37 of the Code of the City of Virginia Beach, Virginia,
s bereby ainended and reordained as folloi,?s:
A@TICLE I. IN GENERAI,.
ec. 37-1. Definitions.
(a) Consumer As used in this chapter, a consumer shall mean any
person, firm, or corporation to whom water from the City water
system is supplied directly, either as owner, agent, or tenant
of the promises to which supplied through a City meter and who
is liable to the City for the payment of charges for the con-
sumption of water so supplied.
(b) -tiater service - As used in this chap*ter, water service shall be
taken to mean the delivery of City water to a building, lot, or
premises at the curb; provided, t)iat when any lot contains more
than one buildiiig or any building is divided into separate
functional units, such btiilding or lot as the case may be shall
not be an additional service if it is owned by one person aild
all water so used is paid for by one person; and furtlier provided
that the Director of Public Utilities may specify for any lot or
)luilding the number of separate water services which is deemed
necessary to meet the requirements for water supply.
(c) l@atc-r usage - As used in this chapter, water usage shall be taken
to mean the use or the right to use City water delivered through
a City metor into tlie building or dwelling to be serviced.
ec. 37-2. Applicat ion and contract for consumer service.
Tbe Director of Public Utilities is hereby authorized to furnish water
ervice to consumers only upon application and contract, signed by the
or, agent, or tenant of the premises connected with the City water.
ystem, agreeing t6 abide by the City ordinances governing the service and
o pay tlie charges prescribed by law. The application and contract shall
e made on printed forms furnished by the Department of Public Utilities,
igned by the 'oimer, agent, or tenant desiring to become a consumer; pro-
ided, however, that the application and contract for consumer service for
Otels, hotels, and apartinent buildings must be signed by tl'ie owner thoreol@
less there is a separate meter for bach dwelling unit; and ptovided
urther, that no application by any tenant will be accepted lintil tlic
icant produces sufficient proof th.,it lie has a leasehold intere-;t for
rm in excess of niziety days.
37-3. Each meter considered separate service.
if any consumer is supplied through more than one meter, each meter
I be considered as a separate service both as to water usage charges
as to meter -. mainte@ance charges and as to -all other provisions of this
ter, including application requirements and deposit fees.
37-4. Deposits..
(a) Any Person who is not and who has not been a consumer with a
proven credit experience with the City of Virginia Beach, Depart-
inent of Public Utilities' shall, at the time application is made,
deoosit with the City a sum, as indicated in the schedule below,
for each water usage account:
14ETER SIZE P-'.i 0 LTN T
$ 2 5. 00
3/4" 25.00
25.00
11/2.. 50.00
2.
100.00
311 150.00
4. 250.06
300.00
81' and above Deposit ea.ual to esti@,at
water const,.!n,otion for or.
billing period
(b) After any consumer has become delinquent in his bill, the Depai:t-
ent of Public Utilities may require a deposit in an amount based
@n an estimated inonthly bill in order to continue service.
(c) Deposits may be refunded upon wr itten request to the Department o'
Public Utilities after six consecutive billing periods of main-
taining payments on time.
(d) ilo interest--will be paid on deposits.
37-5. Procedure i@hen property is vacated; charges for restoring --ervic
(a) All owners or th6ir Iuthorized agents after kiiowledge that their
premises I)ave boen vacited shall promptly notify, in writing, the
Department of Public Utilities to shut off the consumer stipply of
water Lliereto, and upon such notification in writing from the
owner, or authorized agent, the Department of Public Utilities
shall effectually shut off the water to such premises and at the
saine time, record tlie reading of the meter.
(b) l@en the service is shut off, p@rsuant to subsection (a) above,
there sball be@a $10.00 charge for restoring s
ervice..
(c) A-ny consumer*may keep service intact during the vacancy of a ny
premises by paying the minimum meter -. maintenance cliarges and
miniinum@,ater usage charges set forth in this chapter.
(d) Ilhere it is necessary to remove a meter, or where the removal of
a meter is requested by the owner or authorized agent, the charge
for reinstallation of the meter shall be $25.00 for all meters
up to 2"; for all meters 2" or greater, cost of labor, Tnaterialsi
and equipment plus 25% for administration.' .
(e) 1-7henever service is abandoned, the charges for reconnection of
service shall be as provided for in section 37-29(a).
ec.- 37-6. 1,@ater. for construction purposes.
Contractors applying for water usage for buildings for
onstruction purposes shall pay for the same at the regularly scheduled
"r usage -rates and meter- maintenance-.-rates, and shall be held respo-
ible for all charges so billed, until such time as the contra&tor shall
otify the Department 6t Public Utilities, in writing, to cut off-the stipl
ec. 37-7. Public buildings to have meters; charges for water supply.
Al'I public buildinas (including school buildings), state, federal iinc
unicipal, in the City, as may be designated by the Director of Public
tilities, shall have attached to the supply pipes connecting such buildil,
ith Ithe wate@rnains of the City. sucli meters, for measuring the water su.0-
urni shed such buildings, as may be seldcted by the Director of Public
tilities as being suitable. The wa.ter so supplied to such consuiners sha
charged to them, throu(jh tlie proper department or to others having
ont'rol of such consumption, at regularly scheduled prevailing rates.
sec. 37-8. Water meters to remain property of City; rcpair and replacement
of ineters.
All water meters installed by the Department of Public Utilities or
at the request of the Department of Public Utilities shall be at all times
the property of the City and shall be maintained and repaired, when rendere
unserviceable through wear and tear, and renewed by the City; provided,
however, that where replacement, repairs, or adjustments of any meter are
rendered necessary by causes other than ordinary wear and tear, the 'expense
caused to the City thereby shall be paid by and collected from the consumer
responsible for the meter at the premises.
Sec. 37-9. Adjustment of abnormal billing due to leakage.
The Director of Public Utilities is hereby authorized to adjust and
settle such claims against the Department of Public Utilities for abnormal
bills, due to leakage, as will in the judgment of the Director, work an
injustice to the consumer unles s corrected.
Sec. 37-10. liaste of water; repair of leaking pipes, etc.
No person shall permit the water to run from any hydrant, meter, cock,
or fixture without proper care to prevent waste. If any pipe, hydrant, met
cock or other fixture be found leaking, the oiqner of the premises shall
have the necessary repairs made immediately upon notice thereof from the
DepartTnent of Public utilities so to do, and failure to repair shall reqvi-
the discontinuance of w@ter supply until repairs are made.
Sec. 37-11. Extravagant use of water; fixtures to conserve supply.
The Ci@y'Manager and/or the Director of Public Utilities are hereby
authorized to promulgate reasonable rules and regulations restricting the
use and consumption of water supplied by the City of Virginia Beach, and
may regulate or prohibit any or all nonessential uses of water.
Violation of any of the rules and regulations so established shall,
for a first offense, be punished as a Class III misdemeanor. Any second
or subsequent offense shall be punished as a Class II misdemeanor.
The Managet or the Dir6ct6r may also require-the owner or occupant
of any premises to equip and' tnaintain such promises with fixtures of
approved design and quality which prevent inefficient use of water and
conserve the City's water supply.
Sec. 37-12. Turning off water for purposes of repairs.
I I
in case of breaks in the mains, servicest pumping machinery, reservoi--
or other water works equipment making it necessary to shut off the water,
or when it is necessary to shut off the water for the purpose of repairing,
extending or cleaning the mains, previous notice will,@if practicable, be
given, but in no case will any claim for damages due to water being shut
off be allowed.
Sec. 37-13. Use of fire hydrants.
Fire hydrants are provided for the sole purpose of extinguishing fire@
and all persons, except the Department of Fire and the Department of Publi(
Utilities or such persons as may be specifically authorized by the Directo-
of Public Utilities are hereby prohibited from opening or using the same.
Any person authorized to open fire hydrants shall use only an appropriate
spanner wrench, and shall replace the caps on the outlets when not in use
from the same. Violation of this section shall be considered a Class I
misdemeanor.
Sec. 37-14. Private fire protection'@stems.
(a) No City water shall be used for private fire protection systems
unless the customer installs, at his cost, a detector check valv
and by-pass meter of a type and at a location approved by the
Department of Public Utilities.
(b) The customer shall pay the cost of all labor, materials, and
equipment for any facility installed by the Department of Public
Utilities in order to acconmodate a private fire protection-
system, plus 25% of that cost for administration.
(c) No person shall use water from a private fire protection system
other than for extinguisl)ing a fire, without tlie writteii consen-I
of tlie Director of Public Utilities. If water from a private
fire protcction systein is used in a manner not authorized herein
all water usage shall be cut off unlcss such unauthorizod use i@
termijiated immediately upon notice from the Departinent of Public
Utilities and paymcnt is made for all water so used.
(d) No cliarge shall be made for icater used to extinguish f ires, but
a $2.50 monthly service fee is liereby irliposed fol: readin(j and
Tnaintainincj ineters aiid inspecting the systems.
See. 37-15. Access to premises supplied with water.
The Director of Public Utilities and his agents shall have frce access
at all reasonable hours to all parts of any premises to which water is
sup.plied to make necessary examinations, repairs, or alterations.
Sec. 37-16. Obstructing valves, manholes, meters, etc.
(a) it shall be unlawful for any person to place upon or about any
gate valve, manhole, fire hydrant, stop cock, meter or meter box
connected with the water pipes of the system of water works, any
object, material, debris or structure of any kind which will
prevent free access to the same at all times.
(b) It shall be the responsibility of the owner or occupant of all
premises upon which -Ihese facilities are placed that there be a
one foot clearance around all such facilities; provided however
that there be a three foot clearance surrounding any fire hydrant
Sec. 37-17.'Turning water on or off; tampering with appliances.
No person, or his agent, except employees of the Department of Public
Utilities,- shall cut off or turn on water at any City curb cock or meter
nor remove, disconnect or tamper. in any way with any water meter, water
connection, fire hydrant, lock, curb cock or curb box, or any part thereof,
or any other equipment installed by the Department of Public utilities in
connection with the water system without previous permission, in writing,
from @-he Department of Public Utilities so to do; provided, that in case,'
of necessary emergency repair work to be don.e on any premises, the person
doing such repair work shall be permitted temporarily to turn on or off
the water and upon comt)letion of the work shall leave the water on or
off as before. In such cases, notice ot such turning on or off of water
shall be given to the Department of Public Utilities as soon as possible.
No person, except employees of the Department of Public Utilities,
shall move any meter or meter box from the location in which i@ is placed
by the Department of Public Utilities.
sec. 37-18. City to make connections.
14o pcrson, except the properly authorized agents of the Director of
public utilities, shall tap or make any connection with the main or
distributing pipes of the City water works system.
Sec. 37-19. City not responsible for damage.
The City will not be responsible for any damage caused by defective
plumbing or open outlets when water is turned on by the order of the
Director of Public Utilities, or by request of any oiqner, lessee, or
agent.
Sec. 37-20. Straicht connections (a connection without meter) in or
outside of meter boxes; changing service pipe from one tap
or rneter to another.
it shall be unlawful for any person to install a straight connection
in or outside of meter boxes where meters have been removed, or to change
any service pipe from one tap or meter to another, without first obtaininc
permission in writing from the Department of Public Utilities.
It shall further be unlawful for any person to use water obtained
by methods enumerated in this section, and such consumption shall be
billed to such unauthorized user by determining the estimated actual
consumption and charging therefore at the regular-water usage-, rates set
forth in Sec. 37-33..
-Sec. 37-2 @utting off-any source contaminating water distribution syste:
The Director of Public Utilities is hereby authorized to cut off the
supply of water from any source within the water distribution system of
tbe City after the Public Health Director of the City or the Director of
Public Utilities, or his duly authorized agent, certifies that such sourc
may be a contaminant and a potential public health hazard.
Se,. 37-22. Li.bility of City; restricting the use of water.
The City shall not be liable for any damag e resulting from the burst
of any main, service pipe or cock, fire hydrant, nor from tlie sliutting o,
water for repairs, extensions or connections, or from the accidental
lure of the water supply from any cause.wli@itsoever. In cases of
rgency the City shall have the right to restrict the use 'of water in
reasonable manner for the protection of the City and its water supply.
37-23. Penalty for violation o f chapter.
Any person who shall violate any of the provisions of this chapter,
which there is no other penalty provided, shall, upon conviction
reof, be guilty of a Class III misdemeanor, and each days continuation
a violation shall be considered a separate offense. Any such person
11 furthermore be liable for all damage, loss and expense suffered
incurred by the City as a result of such violation.
ARTICLE II. BILLING.
37-24. Division of City into zones.
The Director of Public Utilities is authorized to divide the Cit-y
to zones, as many as may be exoedient, in order to expedite the reading
the meters and the collection of the water. bills.
c. 37-25. lqhen water bill payable.
The Director of Public Utilities is hereby authorized to bill all
nsumers no less frequently @han bi-monthly, in accordance with their
cation in @e City for the service rendered, and such bills shall be
e and payable within 10 days fr6m the date of the bills.
The Director of Public Utilities is furtl-ier authorized to send one
11 for water usage and,meter-. maintenance dharges along with
arges for sewer system maintenance, to those customers who are pro-
ded with both services.
c. 37-26. Default in payment of water bills.
The Department of Public Utilities shall mail water bills, but fa'llure
receive such bills shall not preven@ the discontiiiuance of service if
e ainount due has not bc('.n lilid witlii the ti liinit specificd liereafter.
n me
Sbould any bill not be paid wlien due, the consurner shall be deemed
delinquent thirty (30) days after the date of the bill. The Depart-
ment of Public Utilities shall notify the consumer in writiiig of such
delinquency, and shall direct thd consumer to show cause within
fifteen (15) days why w'ater service should not be discontinued.
When water service is discontinued pursuant to this section, water
shall not again be turned on until all arrearages and charges shall have
been paid including a charge of $10-00 for turning the water on, 4-f the
premises are occupied by the same consumer who incurred the bill; pro-
vided that any cons-or delinquent or in arrears shall settle all past
indebtedness wherever incurred before again being served City water.
Sec. 37-27. Unauthorized water turn on.
Should the water be cut off from any premises by the Department of
Public utilities for the non-payment of a bill or for any other cause,
and afterwards be found turned on witliout authorization of the Department
Of Public Utilities, th& service may be discontinued and shall not be
restored until the unauthorized user shall pay all delinquent bills; and
in addition thereto, the sum o@ $50.00 for reinstitution of water usage.
It shall be unlawful for anyone tO use water obtained through any water
service which has been discon ed.
ARTICLE III. CONNECTIOII AND INSTALLATION
Sec. 37-28. Connection required.
The owner of any dwelling or other building in which human beings
live or congregate shall, whenever a public water line hereafter is made
aVailable byIthe City, connect such building or dwelling with such water
line, within one (1) year after such line becomes availabe. Date of
availability shall be that on which notice is given by publication or by
inailing or delivering'notice to the affected property. However, the
Director of Public Ilealth may require connection w.ithin sixty (60) days
if, in his opinion, a health hazard exists.
If, at the time of enactment of this ord4-nazice, a water line is
ready in ground and capable of serving any property as defined, then
e owner shall effect a connection thereto witliin one (1) year of the
fective date of this ordinance. However, the Director of Public
alth may require connection within sixty (60) days if, in his opin-
n, a health hazard exists.
It shall be unlawful for any person to occupy, lease or rent any
emises in violation of this section. Each day of occupancy or use of
y premises in violation of th.is section shall constitute a separate
d distinct offense.
sec.' 37-29. Connection ind iiistillatioii fcos.
(a) Connection to a City water line (tap fee):
3/4" Tap and 5/8" @leter . . . $220.00
1" Tap and Meter . . . . . . $285.00
11/2" Or larger Tap and Meter . Cost of labor, materials and
equip,nc,nt plus 25% for admin-
istration.
5/8" or 3/4" Meter and appurtenan ces only . . . . $120.00
I" Meter and appurtenances only . . . . . . . . $185.00
11/2" Or larger meter and appurtenances
only . . ... . . . . . . . . . . . . . . . . Cost of labor,
materials and
equipment plu,-
25% for admin-
istration.
lihen theinstailation requires a combination of a different
size tap and meter than listed above, the charges will be
based on cost of installation of labor, materials, equip-
-ment plus 25@, for administration.
For 11/2" taps, $750.00 shall be placed in escrow by the
applicant and $875.00 for 2" taps shall be placed in escrow
aLt the time of application.
For taps in excess of 2", the amount placed in escrow shall
be based on estimate of costs by the Director of Public
Utilities.
in any case where a customer desires that an existing tap
or meter be moved, the cost of moving the tap or meter
shall be based on the cost of labor, materials, and equip-
ment plus 25% for administration. A deposit shall be placed
in escrow in advance of the estimated cost as determined by
the Department of Public Utilities.
The following fees shall also be applicable to presently connected
uses or structures wlienever a present use or structure is expanded, change
or modified. In sucli cases, the fees shall be determined on the basis of
the total proposed new uses or structures, less a credit at current rates
for t@e presently existing uses or strucll-ures or the last structure if '
previously demolished, provided the proderty has not been vacant for more
tban five years, with no credit after five years.
(b) Property owners' sliare of system installation, where connection
is made to a line or pumping station being a part of the syste-m
within the City installed or purchased by the City (line fee).:
(1) Single family residences, for the first 100'
frontage of parcel, or portion thereof . . . . .$500.00
For each foot of frontage in excess of
1001, per foot . . . . . . . . . . . . . . . . .$ 5.00
In cascs where the front footage is 1.5 or more times
greater than the rear yard footage, the front footage
for the purposes of tliis subsection sliill be determined
by adcliiig the front and r(,ar yard lengths and dividing
that sum by 2. lrnenever a water line is locatod on two
sides of a parcel, the shorter side shall be tlic one
upon whicli tlic dctermination of froiit footage sliall
be calctilated. lihenever a line is located on onll, one side
of a parcel, tliat side shall be used for tlie purpose of
front footage.
(2) Motels, hotels, and structures @ith two or more fainily units:
For the first unit .$500.00.
For the next unit to 12 uni@s'p'er'a'cr'e 'den,@t*-*
3, Y,
per unit or f@raction thereof . . . . . . . . . . . .$160.00
For the next units from 13-24 units per acre
density; per unit or fraction thereof . . . . . . .$315.00
For the next units from 25-36 units per acre
@ density; per unit or fraction thereof . . . . . . .$470.00
For all units over 36 units per acre density;
per unit or fraction thereof . . . . . . . . . . . .$500.00
Where more than one use occurs on a parcel, density
for motels,, hotels or multifamily shall bc based on
the land area of the entire parcel excluding the
square footage occupied by all other existing uses.
(3) Nursing and convalescent homes, per room
(Calculated at 2 beds = 1 room) . . . . . . . . . . .$125.00
(4) Trailers, per space . . . . . . . . . . . . . . . . . .$160.00
(5) Professional and office buildings, per 600 square
feet of building area . . . . . . . . . . . . . . . .$125.00
(6) Retail stpres and shopping centers; per square
foot of floor space . . . . . . . . . . . . . . . . .$ . .09
(7) Industrial manufacturing, wholesale, assembly,
processing and distribution facilities domestic
use; fee per square foot of floor space . . . . . . .$ .09
Separate warehouse facilities used for storage only
where no industrial, manufacturing, or processing
@akes place shall pay a fee of $.02 per square foot
@of floor space.
(8) Restaurants - Establishments serving prepared food and drink:.
For the first 10 seats . . . . . . . . . . . . . . . .$500,.00
For the next 40 seats;
fee per seat . . . . . . . . . . . . . . . . . . . .$ 15.00'
For all seats over 50 seats;
fee per seat . . . . . . . . . ... . . . . . . . . .$ 25.00
(9) In all cases iihore the use or structure has not been described
hereinabove, line fees for the building, structure, addition,
modification or expansion thereto shall be computed as follows:
(i) The estimated daily flow of the proposed use shall be
determined by the Department of Public Utilities, based
on similar actual flo%.is of coinparable uses, taking into
account the hours of operation, type of use, location,
and other criteria determinative of estimated flow; thel.
(ii) This estimated daily flow will be divided by 400, yield
a demand units figure; then
(iii) This demand units figure will be multiplied by tlic minimu.-
fee applicable to a siligle family resid(,nce.
(iv) If an estirnated flow cannot be accuratcly determinedf
the Director of Public Utilities is authorized to
accept a deposit in advance of actual flows, with the
fee to be determined after one year of actual con-
sumption, as per (i) through (iii) above.
(c) Property owners' share of system installation costs where
connection is made to a line or pump station being a part of
a system within the City installed or purchased overall in part
by the City and in part by another party or parties.
These fees shall only apply when the property to be served is a portic
of the original property for which the iTater lines %,;ere installod by the
private party or parties. Further, fees in this section (c) shall not
apply where connection is made to lines purchased by the City of Virginia
Beach.
(1) Single-family residence; each . . . . . . . . . . $190.00
(2) Motels, hotel-s and structures with two or more family
residential units:
For the first units up to 12 units per acre density;
per unit or fraction thereof . . . . . . . . .$ 95. 00
For all units over 12 units per acre density;
per unit or fraction thereof . . . . . . . . .$190.00
Where more than one use occurs on a parcel, density
for motels, hotels or multifamily shall be based on
the land area of the entire parcel excluding the
square footage occupied by all other existing uses.
(3) Nursing and convalescent homes; per room
(Calculated at 2.beds = 1 room) . . . . . . . . $ 95.00
(4) Trailers; per space . . . . . . . . ... . . . . .$ 95.00
(5) Professional and office buildings; per 600
square feet of building area . . . . . . . . .$ 95.00
(6) Retail stores and shopping centers; per
square foot of floor space . . . . . . . . . . $ .03
(7) Industrial manufacturing, wholesale, assembly,
processing and distribution facilities domestic
-use;fee. per square foot of floor space $ .03
Separate warehouse facilities used for storaae only where
no industrial, manufacturing, or processing takes place
shall pay a fee of $.01 per -square foot of floor space.
(8) Restaurants - Establishments serving prepared food and dr;-r
For the first 10 seats . . . . . ... . . . . . . $190.00
For the next 40 seats;
fee per scat . . . . . . . . . ... . . . . . . $ 6.00
For all scats over 50 scats;
fee per scat . . . ... .. . . . . . . . . . . . $ 10.00
In tlic xi';o or ilol-L
(lescri-becl liorciiiil)ove, Iiiic- fccs for the
str%ICL@iirc, 'icl(lition, iiio(lificii-ion oi: cxl),Iil!;ion tlie).-etO
sliall be co;nputod as follows:
(i) Tlie csLii,,IIted daily flow of tlie proposed use
sliall first be actej-iaiiied by the DeparLmcnt of
rublic Utilitics, basecl on simi.lzir icttial flo@qs
f-or coii)i),irable uscs, tilii-ig into accouilt tlic
hours of operatioi-i, type 6f use, location Ind
other -criteria determinative of estimated flow;
(iij This estiinatcd daily flovy. N,7ill be divided by 40d
yielding a demand units f-igure; then
(iii) This demand units figure.@.?ill be mult-iplied by the
minimum fee applicable to a single family residence.
(iv) If an estimated floa can'not be accurately determinc
the Director of Public Utilities is authorized to
accept a deposit in advance of actual flo,.qs, with
fee to be detei-mined a@@ter one year of actual con-
sumption, as per (i) through (iii) above.
-(d) Special line fee for seasonally operated'camp site parks connec'
to any City water main:
Per camp space . . . . . . . . . . .. . . . . . . . . . . .$70
Provided that to obtain such fee, the owaer sl-iall enter into 'a contr
the City providing that at such future timd that tlic camp park is con-
ted to year-rouiid use, fees specified in para,graphs (b) (4) ai-id (c). (4)
his section shall become adolicable and the owner shall pay the dif-
ence in such fees at time of- conve-rsion to Ye-ar-round use.
.(e) in no event shall any line fee for any purpose entimerated in
paragraphs (b) through - (d) @ibove be @'less than the amount cal-
culable if the fees in question wert to be determined for a
single family residence. l@ere mor@e tlian one use or more than
-one structure is to occur on a sing@e parcel of land, the
m3Lniinum amount shall apply separate y to each individual use
c>r structure.
(:C) No building permit shall be valid nor shall any water or i;ewpr
tap be installed for any property uhtil fees provided for in
this sect;on shall have been pai I
d.
(g) in the case of existihg conl-ract a@eements' between o@qners and
the city regarding fees and waiver !of fees, such agreements
shall remain in of.fect.
(h) The Director of Public Utilities ii hereby authorized to' accen
on behalf of the City notes for th payinent of such line fees
as are due. The terms of sucli notds shall be: one-fourth of
the line fcb in addition to all ta@ and i-.ieter fees, given as
a down payment, with tlic remain(3er of the line fee paya-.blc in
tlirce equal, aniiual install'amen"s at a rate of intercst of cic
-i ail
percent per aiinum. Provi(3od, lio,,,;evc@r, tht y custo@n(-,r who
chai:terod uiider the regulations of the Iiiternil rcvcritie Serv;-c
as a iion-profit organization and cin prove sucli status, tne
terms of the note to be accepted mA@, provi0c for one-i-ifth
clown paym(,iit, @,,ith the balancc! duc in four cqual, @innual in-
stallinents, wit-Ii a rate of intcrcst at eiglit I,)crccnt per @innui.
(i) When a har(lsliip exists, t@c Directo@@ may allow the do%in payront t,
be paid by installments over a one year period; or, if the
property is bciiig of.@-cred for sale,'tlic Director inay entc-- into a!
agreeinent whoreby dll fccs shall bc*@paid from tlic proceeds of the
sale or within iiincty (90) diys of tlic, clite of tlic- zig):ooiiient,
whicliever sliall be tlie i;ootier.
ec. 37-30. Line fee exemptions For certain elderly persolls.
(a) Liiie fee exeinpti.Oll is provided for certain property o%41lers wlio
qualify under sul)scction (b) of this section. Thc exciliption is
to be admiiiistered by tlie city maiia@,er or Iiis autliorized dclogite,
herein referred to as the 4dministrator. Tlie administrator is
hereby authorized and empo@@ered to prescribe, adopt aiid enforce
rules and regulations, including tlie requiroment of answers Ulider
oath, as may be reasonably iiecessarl, to determiiie qualifications
for exemotion. The administrator iiiay require the production of
certified tax returns and appraisal reports to establish income
and iinancial worth.
(b) Exemptions shall be granted subject to the following provisions:
(1) Title to the@property for which the line fee exemption is
sought must be held or partially held by the applicant at
least one hundred and twenty days prior to the installation
or scheduled date of installation, whichever comes first,
of the water line.
(2) The owner of the title or partial title is sixty-five years
of age or older at 16ast one hundred and twenty days prior
to the installation or scheduled date.of installation, which-
ever comes first, of the water line.
(3) The dwelling to be c'Onnected to' the water line is the sole
dwelling of the appl@icant claiming the exemption.
(4) The total combined i;ncome of the owner and the owner's rela-
tives living in the household during the year inmiediately
preceding the instal,lation shall be determined by the admin-
istrator, not to exceed six tliousand dollars.
(5) The net combined financial worth of the owner or owners
shall not exceed twenty thousand dollars, excluding the fair
market value of the @house to be connected to the water line.
Net combined financial worth shall include the value of all
assets, including equita@le interests, of the owl-ler or owners
and of the spouse o4 the owner or owners.
I
(c) The persons applying for iine fee exemption must file with th6-
administrator a line fee exemntion affidavit, setting forth, in
a manner prescribed by the administrator; the location aiid value
of the property to be coni!Aected to the line; the names of the perso
related to the owner and occupying the dwelling; their gross com-i
bined income and their net combined financial worth.
(d) Wh6re the person claiming;exemption conforms to the standards and
does not,exceed the limitations contained in this section the line
fee exemption shall be as@shown on the following schedule:
Total Income, All Sources@ Exemption
$ 00.00 - $2,000.00 100%
$2,001.00 - $3,000.00 80%
$3,001.00 - $4 000.00
60%
$4,001.00 - $5 00.00 40%
'o
$5,001.00 - $6,000.00
20%
(e) If, withiii i-welv(, inonths after tlic water li.ne exeinption is obtainl,
the applicant's financial position shotild change so that its effec
would be to rcmove tlic person liclding the exeml)tion from witllin th
limits and standards of tliis s(?cti6n, tlien the person ho]-cling the
exeniption shall refund the amouiit of the exemption to tbe city.
(f) Any person or persons falsely claiming an exemption or violating
any provision of this section shall be guility of a misdemeanor
and upon conviction thereof shall be punished by a fine not exceed
ing one thousand dollars or confinement in jail not exceeding twel
inonths or both.
Sec. 37-31. Same - For certain financially disadvantaged persons.
(a) Line fee exemption is provided for certain financia*lly disadvantag
property owners who qualify under subsection (b) of this section.
The exemption is to be administered by the city manager or his
authorized delegate, herein referred to as the administrator. The
administrator is hereby authorized and empowered to prescribe, ado
and enforce rules and regulations, including the requirement of an
swers under oath, as may be reasonably necessary to determine qual-
ifications for exemption. The administrator may require the pro-
duction of certified tax returns and appraisal reports to establis
income and financial worth.
(b) Exemptions shall be granted subject to the following provisions:
(1) Title to the property for which the line fe'e exemption is
sought must be held or partially held by the applicant at le
one hundred and twenty days prior to the installation or
scheduled date of installation, whichever comes first, of th
water line.
(2) The dwelling to be connected to the water line is the sole
dwelling of the applicant claiming the exemption.
(3) The total combined income of the owner and the owner's rela-
tives living in the hous-ehold during the year immediately pr
ceding the installation shall be determined by the administr
tor not to exceed four thousand dollars.
(4) The net combined financial warthof the owner or owners shall
not exceed t@7enty thousand dollars excluding the fair market
value of the house to be coiinected to the water line. Net
combined financial worth shall include the value of all ass,e
including equitable interests, of the owner or owners and of
the spouse of the owner or o%vners.
(c) The persons applying for line fee exemption must file with the
administrator a line fee exemption affidavit, setting forth, in a
inanner prescribed by the administrator, the location and value of
the property to be connected to the line, the names of the persons
related to the owner and occupying the dwelling, their gross corbi
income and their net combined financial worth.
(d) 1-7here the person claiming exemption conforms to the'standards and
does not exceed the limitatioiis coiitained in this ordinance, the 1
fee exemption sliall be as shown on the following scliedule:
Total Income, All Sources ixemption
$ 00.00 - $2,000.00 100%
$2,001.00 - $3,000.00
80%
.$3,001.00 - $4,000.00 60%
".%..,eIv c Iis af tor t.,)c %:,il. r on i.,;
the ic&.rit' s f iii:lnci.-il l@o!7,ition
so tl-,.it its e.'fc,.ct i@oi)ld bc-. to rc-i-.,ovr-l tic-- 1,01(lilig "he
exc..-,T--.>tion froin witliin t)ic@ lijiiits zind stall(lzjrt:lf-, of LI)is rcc-
tion tl)cn tlie pc:rscn 1101(lirig tlie C.Xeinption shall rr_@fiind tile
amc)unt of the. exeniption to tlie City.
Any person or persons falsely claiioing in exernptioi-I or
viol,itilig iliy P17ovision of tliis section --hall be guilty of
a misdomeanor ajid unon convictioii tliercof shall be punished
by a fine not excee@iiig one tliousand dollars or confinement
in jail not exceeding twelve months or both. (Ord. No. 542.)
37-32. @1--ter ! Maintenance Charges. I
Each consumer shall pay a in..onthly meter @maintenance charge as follows
each meter connecting his premises with the City w'ater system:
Size Monthl Charge
5/8. .75:
3/4. 1.00
1.95
1 1/2.
$ 4 . 35
2. $ 6.00
31, $ 12.00
4. $ 22.00
62, $ 48.00
88, $ 9 6 . 00
10.1 $152.00
1.2" $216.00
Fire Ilydrant Meter $ 12 .00
37-33. Water Usage Rates.
In addition to the charges provided for in. Section 37-32, ea.ch
1.
sumer shall pay for water usage ziccording to the following rate schedule:
Consumption Rate
0-4,000 cubic feet $ .67@100 cubic feet/
(0-30,000 gallons) bi-m@onthly
4,001- 40,000 cubi& feet $ .66/100 cubic feet/
(30,001-300,000 gallons) bi-monthly
40,001 and above cubic feet $ .64/100 cubic feet/@
(300,001 and above gallons) bi-monthly
All consumers shall pay a minimum water usage fee of $2.50 @er month.
re a consume@ uses more than one meter, the rates prescribed @by this sectic
11 apply separately to each meter.
37-34. Payment.
In-any case where fees required by tliis chapter are paid by check.-
ft, or other instrumen@ and the check or otlier instrument is returned
any reason, no tap shall be installed or if already installed, the
er service and/or water usage shall b.e di.scontinued vinlil full payment is
eived.
c. 37-35. Test of I-lat@r @leter..
Any consumer sliall )ave the right to demahd that the meter througli
ich water is being furInished be examined and tested by the Deparunent
Public Utilities for @tlie purpose of ascertaining whether or not it
registering correctly,, the amount of water which is being delivered
rough it by such Department to such consumer; provided, that'when any
nsumer desires to havi such meters so examined and tested, such con-
mer shall make application therefore in writing to the Department and
all deposit with sucli application the amount charged for the various
zes, as follows:
Size Fee
5/8" meter! $25.00
3/4" meter' $25.00
i.. meter@ $25.00
1 1/2" meter@ $35.00
21, meter@ $35.00
31, motert $35.00
4- meter" $50.00
In excess Of@4" meter
i Estimated actual cost of labor
meterials and eauipment plus 2@
for adninistrative cost
upon such examinati( n and test, the meter shall be found to register
or m(@re -..7ater consiimition than acttally passes through it, the meter
all be corrected and he fee charged in the application for a test shall
refunQed to the pers )n making the application and the water bill cor-
spondingly corrected. iqhenever a meter is ou-E of order and fails to
gister, the consumer shall be charged with an average daily consumption
shown by the meter w@en in good wroking order and registering correctly.
c. 37-36. Moving tap @nd meter; cost.
1-7henever a city water main is constructed or extended into a street u'pon
ich an abutting parce@ is being provided water service or usage by a ser-
ce line to a non-abutting street, the De@artment of Public Utilities may
quire the water meter and tap to be relocatod from its previous location
a new connection with the abutting water rqain or extension thereof.
llhenever the City effects such relocation, tlie consumer shall pay the
t
st of labor, material and equipment, p@lus 25% for aclin'inistration.
AIITICI;E IV
ON RpOtIEST
ff-Up
OF -1; -@A f@@!
ce. 37-37. Applicability.
Any %.;ater customer of the City of Virginia Deach wlio lias not paid the
pplicable rates and charges to any private sewage disposal system companl-
ithin the City for ser'vice rendered, and who has bee@ not@ified pursuant
tate statute to cease disposal of sewage int, the system witliin two monty:
ay liav.e their service ter@minated upon request of the private utility in-
olved.
ec. 37-38. Procedure.
(a) After the statutory period for the customer to cease disposal of
sewag6 into the syste-M has elapsed, the private utility conoany
shall noti@@y the custo-,ner in writing -hat ..;ater service shall be
discontinued by the City if payment for the delinauent scwerage
bill is, not received by the utility within ton (16) days.
(b) After the ten (10) days has expired, the private utility comdany.
inay notify the Department of Public Utilities to turn off wai--er
service to the respective property. A copy of such notification
shall be sent to the customer.
(e) ilithin five (5) days after receipt of t@e notice from the private
utility comoany, the Deoart.@ent of Public Utilities will turn of,@
water service and hang a notice of turn-off on the front door of
the premises explaining the reason for discontinuation of service.
(d) Upon iiotification from the private utility company that service ic
to be restored, the City of Virginia Beach will restore said servic
.w.ithin one business day.
(e) A charge of ten dollars ($10.00) will be rendered for each request
from the private utility to discontinue service. This charge sh,-l
be billed directly to the private utility cof@pany. The Departmen--
of Public Utilities will not make any monetary collection for pri%
titility companies.
(f) The Department of Public Utilities will not he liable for any dame
.resulting from the discontinuance of water service wlien requested
to do under this section.
ARTICLE V
CROSS-CO@@;,'t- CTI O,'4 COTITROL
sec. 37-3a @LF I 14 I T I Otl s
A Aii-gz!p - The unobstructed vertical distance ttirough'a fr2e atniospliere
beti-icen tile lo@.,,est peri@'leter of a %-.,ater ou'.Iet and the flood-level rim
of any recel)tacle. Tliis distancl, %qill be a minipiuiii of t%,;o tiries the
dianicter of tlie outlet. (In case of near-walls, this distalice will be
three tirics the diaiiieter of the outlet).
B. Auxiliary supply - An@, %later source or systeni otl,.er tha'l'the public
water supply tliat r,-.ay be available in tlil, building or premises.-
C. Backfloii - The re@iersal of flo%.i fro,,,i its intlnded direction as a.
result of backsiplionage or backpressure.
D. Bureau - Com..gion@-i-.alt@i of Virginia, Departnient of HL'alth, Bureau of
Sanitary Engineering.
E. Contamination Any introduction into pure viater of micro-organisms,
viastes, viaste,..,,ater, undesirable chenicals, or gases.
F. Cross-connection - Any physical connection bet%qeen a potable iiater
supply and any viaste pipe, soil pipe, se,.,ier, di@ain, or a,-iv unappi@oved
source or systern. FLirth--rr,,ore, it is any potable viat@r supply outl-t
tihicii is subm-@rged or can be submerged in waste'and/or other soul@ce of
-contamination.
G. DOLIBIC check valve assembly An assembly of t@-io internally loaded,
specially designed and independently operating check valves together
with a tightly ciosing stiit off valve on tile upstreari and th-- do,,,,,,istream
side of @llie check valves equipped with properly placed fe.-nale threaded
test cocks.
11. Existing ground level - The level above iihich @lurface water will not
accumulate uiider normal conditions.
1. Flood-level rim The top edoe of the receptacle over %-Ihich %,later could'
overflow.
J. Hazard - Any conditions*, devices, or practices in t.he water vsage syste-,.i"
and its operation @.ihich create, or in the judgii-@cnt of the Director ol' Per-..-.
and Inspections, nay create, a dariger to the health aiid iiell-being of the
tiater consumer.
K. Director of Permits and Ins@ections - 14henever used, this term shall inclu
the Dii-ectot@ and Iiis designated agent or agents.
L. Oiviier - Tlie person in cliarg-@, care, aiid control of the property; tile tenan
the cus+lcmei- v.,ho sigried the %.iater service agrcc,.,;ent.
ti. Pollution - TFc pt-esence of any for@ign sub,lt?.tice (cli.,mical, pll)'sical,
radiological, or biological) in t-iater tliat tcrds to decjt-aJ(- its quali'Ly
so as to constitlit.@ all Linnecessary i,isk or ininair th-2 uslftililess of the
tiater.
1)i-ev(,i)tei- Al a sei!ll)l c
I
eiitiil vilvcs )1)(1 cliccl, it)CILI(Iillg iiii atitf):illLicill@, ol)ciic(i
pol,t to tlie atiiic)sl)llci.c dlsi@itied to pi-e\,eiit bacl.floi., iilc()i@I)o@-lLcd %-Iitli
tiglitly C'.0silig SI)UT Off VIIVL' Oil tlic, Ul)sti,c,,Iiii @iiicl T)ILI sicic'
of tlie clieck valvcs equipi)c-d viitli 1)i,oi)crly place(i feiiiale till-Cadeci tcst
cocl,s.
0. Service conncction - Tlie tol@piinal ciid of.a service line fi,ani the %.iater-
tiorks. If a fiietcr is installed aL tlic! end of tlie service, tlien the
service connec'liqti nicans tlic do%-insti,caiii end of the illeter.
P. Service line - Tli,)t portioll of tile %..,ater line fi,om the cotisliiiier's side
of tlie %,iater nieter to the i'irst viater outlet.
Q. Toxic - Any substance of solids or liquids harniful for hunian consumption.
R. VaCLium breaker, atmospheric - A vactiuni breaker designed so as not to be
subjected to continuous static line pi-essul-e.
S. VaCLium breaker, pressure type - A vacuuin breaker designed to operate under
conditions of static line pressure.
Sec. 37-40. OBJECTIVE
A. To protect the municipal %qater supply of the City of Virginia Beach from
.the possibility of cont.:iriiliation by isolating i@iithin its ctistom,-rs private
tiater system contariinant--, oi- pollutants which could, under adverse condi-
tions, baclflo@-i tiit-ough Lnconti,olled cross connections into tlie public
tiater system.
B. To eliminate or control tlie existing cross connection, actual or potential
at each v,,ater ou'llet from tlic consuiners' service line.
C. Provide a continuilig inspp-ction program of cross connectioii control %.,hich
will syster@.atically and efilectively con-@rol all ac,-ual or potential cross
%.:h-.cl. r,-,ay b,, irs-lalled In tlie future.
Sec. 37-41. CROSS CO',It'C-CTIO!"S
A. No pei,son shall install or iraintain a %@tater service connection to any
premises %.i!iere cross connections to a eiater,..iorks or a consur@er's water
systeni may exist tinless such cross connections are abated or in cor,.plianc@
witli this ordinance.
.B. No person shall install or maintain any connection whereby i'later from an
auxiliai,y water sys'lcm Play enter a @-tater@.,,orks or consufrer's k-.,ater system
unless the auxiliary %-tater systeri and th6 ni@-tliod of connection and the u,,
of such !.ystem are in coaipliance viitli this ordinance.
Sec. 37-42. RESPO"@SIBIt.ITY
A. City of Virginia Beach:
The City of Virginia Beach, as the viater purveyor, recognizes a responsi-
bility to provide its c,,istopcrs, at the sei@vice connectio,,i, %.Iith safe,
potable tiater utidcr all foreseeable circu;iistances. Thus in the exercise
of tliis respoiisibi-iity '-,lie @.iatc-r purveyor nist til,,e reasonable .[)reclut4o:-
to pi,otect the disti@ib:ltion syste!n fro:@l the hazards origiiiatii)g on the
pronlise,l of -@.ts Sucti @lizat,ds e),.i-@t ir, cross coiinlctions and
poteiitial cross coniiecilions viitliin tlic viatcr distribution systc,-m.
D. Corstjtiier's rcsponsil.)ility:
Tlie COII@L!@ller's responsit)ility starts at tl)e point or delivery froni the
Ptll)lic [)Otp'Lle systcni 'Tld iiiclu(Ics all of Iiis v;atc@r systcris. The
con,,tiTiiei-, it iii, o@@ill exo2li,c, Fliill iiistzill , oi)erite, test a!id iii,)illtiiii
tli-c@vciition is dir(,ctcci L)y t)@e [)il-(,ct,:)I- of
iii(i In,ll)octioti@'. Tli(-, coii,ltti:ier -Iliall iiiiiiit@lin Iccul-,'@(, t'ecc)t@ds 0
tcsl in(I i-cli@tii's n,,idc- Lo 1)r(,vcntioii (leiicos @iiici pi-o%,i(Je tiie @;,It
litirveyr,r li,lviilq
@iLlt'iS(liCtiOll %/illi col)ics of sticii i,ccoi-(I,. I*Iie recoi,ds
@liil 1 lie oil fol-171, isplit@o%-C(l 01, I)Y tll" Ill tlic, C%'Cllt
of ,icci(It, ii til i,oIILiti tiii ol. cot) L@iiili!l@l t @oii of ti lC LIl)l iC Ot@ CO 5 1)0t,@t)l c
'a te l'
V. S3'SLUIII, (ILIC to o;i L)I' fi-oni tlic, coiistiliicl,',, tile O%-Iri('I'
S IliII 1)1-011:1)tl y ta@',c St to C()il f ill (2 f Lit -t II0l, C)f t lie J)DI ]tili()il oil
cont,iiiiiniitiol) %litilill tllc' CDIISLiiiici-'s 1)rciiiises, iiid sliill iiiciicdizitely tiotify
tlic watei- I)ut@veyor of tlie !iazarclous -coiidition.
c. 37-43. IIISPECTIOtl
A. Tlie Directot@ of Perniits an(i Inspectiotis stiall have the right of enti@y into
any btjilditig, during reisotiable lioui@s, for the PLII'POSC of niiking inspection@,
of tlie %.iatcr distribution -;yste-I itistalled in such building or pi-erlise. The
owiier or occupaiit may accoinpany the inspector %.il)ile this insl)ection is beinc
made.
Due to changes in Piodels, componets, nicthods of manufacturing and additions
to tlie plaiits, buildings, etc., t-jatei- use requirei@.ients uildergo contitiual
change. As a i-csult, ne@,i cross conncctions may be iiistalled and existing
protection may be by-passi@d, removed or be othei@%.iise ineffective; therefore,
a miiiinium of detail itispection of all water usage is required.
C. Hei-i constrLiCtion.
All ne%q construction plans and splcifications for con,.,qiercial buildings
shall be mad@- available to the Director of Permits and Inspections to
detemiiie the degree of hazard of possible cross connections.
D. Existing systems.
An on site insidection of all existing buildings %-iill be made to determine
tlie degree of ilazard to the public potible %.tater system. If a cross
connection is found, either actual or potential, the Director of Permits
and Inspections shall inforni the customer, or autliorized agent of the
oi-iner or promises, %-ihat steps shall be taken to correct tlie cross connectio,,
A reasonable time will bl- given for coTpliance aepending on the degree of
h*azard involved. Upon failure of '@hL, o@-irier or authorized agent to liave
the dc-fects cory@ected by the specified time, the Director of Pew,mits and
Inspections shall cause tii@ @.,,ate- sei-vice to the building or pre.'.Iises to
be terminated. The Depal-tFVen'L o@ P,,blic Utilities shall upon notice from
the Dii,ectoi- of Perniits and Inspections disconnect all @ater supply to
any premises %..,hich thcy are directed.
ec. 37-44. CPOSS CO'f@,IIEC-TIO@,S HAZPRDS AIID PROTECTIVE DEIVICES REQUIRED
A. General:
A potable viater supply shall be dcsigned installed and maintained in s.uch
a tnanner as to prev--nt contamination f@,o@ nonpotable liquids, solids, or
gases, eitlier harmful or benign, froi being introduced into the po@@able
water supply through cross connec'uions or any otliei- piping connections to'.
the system. Tiiis is accoriplished by protecting every iiater outlet from
the potable @.iater system i,,,hich poses a possible cross connection. I-Iher--ver
thlse outlets cannot be protected in accordance @@iith the nlinim@im air gap,
they i,equire a rpechanical device to prevent baclflo,,.i from backsiphonace or
backpressure as appi-o'Driate according to the d-.gree of hazard. In cas-es
viliere, in tlie judg,-,,ent of the Director of Permits and InspLctions, %..,ater
usage is SLIfficiently cor,,plex or t@ie severity of tlie hazard %-iarrants or the
preniises has a histot,y of cross conncctio.is being establislied or re-establ;l
an air gap or bacl:l@lo,,i pi@cvertion device shall be required in,.niediately
streani frori ttie ser%,ice corinectioh or at a point approved by the Director 0
Perniits atid Insp-@ctions.
B. Fixture inlets or vilved o-,itlets i-iitli hose attachernents, %.,,hich may constitl:
a cross coiinecticii, s@iall be pi@otec'Led by ati appi,oved vaCLIu.1 b@-ea@,ei, instai
at least six (6) iticlics ibove tlie iii(ilicst poiiit of tisige aiid located on thc.
discliai,ge side of t@ie li,@t valve. Fl-XtLircs %-iitti iiitegi@al vacutilli bi,ea@-,ers
PlallUfaCtLIl-Cd as a uiiit iiiiy be ir.istalled iii accordaiice %iitli tiieir al)provod
... . ......
C All soiage ti-eiltil@cti [)IIllts silill 11,1%-L, i i-e(IL:ced pi,e,lslii-c 1)1-iricil)lo 1),Icl@-
flovi 1)1.cvclltcv. iiist lcd oii tlie iiiaiii I)Otilblc! %IItei, Sei'vice lilils Servii'9
sucli 1)1IJILS.
D. liosi)itals, niodicil, lental , tlierapcti tic, stirgicil , Piorttiary, scliools or
siniilar I)Iaces sliall@ fiave illl %.Iatci, outlets protected by il)l)i-oved vlcuuin
breat@ers on the discjiirgc !;ide of tiie l@ist vilve. Also %.Illere to),.ic
clioniicals or 1/2-iliei@e t@,icteri(ilogical and biological lal)oratoi,ics ai,c tised
on the proinises, an ,,lpprov(!d baciflo%.i pi,eveiition devicl@ sliall be required
to bc installcd eiti@ier in I.Iie supply lirie to tliat section of tlie buildi[19
.or In tlie potable su ply s(@t@vice to tlie building.
,P
E. All industrial plani, eith(,-r using or nianufactui,ing cheniicals sliall at
tlie discretion of tile Direztot, of Periiiits and InspLctions be reqllired to
install an approved,t)ac@,.flo,,q prcietition dLv4ce in tlie potable @,tater
service line to t[ic.@buildii)g. All future plants of this nature silall
be i,equired to install an appi-oved-back"lo@-i prevention devicc in the
potable water suppl line to tlie building.
F. Auxiliary I-later Systems:
L'o direct coniiectio@fl bLt%.i2en an auxiliary water system and the potable
%.iatei, system shall @e per.-.iitted exc-.pt @..,hen and iqllere as approved by tlie
Director of Perinits,and Inspections and then only when an approv--d back-
floii device is inst@@lled to isolz,,'Le the ti-io systems, subject, tio@..,ever,
to Section 37-24 oflthe Code of tlie City of Virginia Bcach, as ariiended.
G. @later front faciii es and industries:
An approved backflci,t pre,iention device shall be installed on all outlets
froin the potable syste:fl located on or near all piers and docls.
In addition an a@,p,,oved bacl,,flow pi,evention device sliall be requii,ed to
be installed in tli potable %.tater sei-vice line to sucli facility.
H. Fire systems:
L (1) Systeiiis havin direct coniicctions from iqatei-works i-iith tio pumps or
storage facilities, no connections to other ;.iater supplies no
antifre-,ze ot-!otlier c',--micals added to the fire sysll-,,-.,, an.4 C.Il
spi-inkler heads discharging to the atr,,osphere are not i-equir-ed to
have positive@protective devices, althOLIgh the ol-iner may %.Iish to
install a che k valve to keep the sprinkler system filled at all
tinies.
(2) In s)stems th same as (1) except that booster pumps are installed
in tlie connec ions fro,,,i the iiaterv,,orts requii@e that provisions be
inade to avoi lo,.iering the pressure at the connection to the v,,ater-I
works belovi psi.
(3) Systems liavi direct connections to the waterviori,,s plus one or more"
of the follo@-iing - approved storage tanks, fire pumps taking suction
from appi@oved storage taiiks, atid vii'Lh all facilities served by the
tile %.,ater%-;oi,@'s r,,,ust provide an air gaD, an approvc-d double g,,te-double
choc@ valve assembly, or a reduc(,.d pr'essure principIL backflo%.i pre-
venter (Rp DivicL). storage facilities must meet the requirements
for pure @liatr storage and the @@iater in the tani, must be maintained
in a pui-e %,ia'cli- condition.
(4) Systeiiis havilg dircct connccti@ons to the %.iaterk@ior@s similar to (1)
and (2) and %,iith an auxiliary SLIPPLY %-@ithin 1700 feet of the pump
co,inectioti ritist provicle aii aii- gap, a double gate-doublc check, valve
assenibly, or,an RP de@,ice depcndiiin on tlie quali'Ly of @he auxiliary
sul)ply. A p'vn@p coniiection adjaccni to a river, pond, oi@ otlcr ra@-i
watei, sOLit-CO@ requires an iii, gap. An auxiliiry source froiii iri
approved @.iat r SUI)Ply l@CqLiii,es eitliei@ of tlie ti-io niechciiicil devic
Systeriis liivi@g dii-ect con-ii cctioii,@ to tile aricl intci-c.,ii@!
iiit Ii l tlxilio l'Y SUP PI ic s suc Ii is 1)@IIIII)S L LIVI [Ig S LICtic) n @r();ii i,z,
Sotircc,s, exl L)sc-cl sto 1,.1ge ti ti@,s , in (I LIST l@i31 %-1,1tCl' SL)Ppl iC'S
to or %iliet@c ai)tifi-eezo oi, otl)cr
a(l(lcd iiiust 1i@ovi(le 3n ait, gap.
(6) Systeiiis Iiiivitig dii-ect contiectiolis to tlic %qatei-%-iol'k's fi,oiii buildincis
liavilig cc)l;ll)illed ijidusti-jal aiid fi@,L, systeins citiiet, %litli 01. wittiOL'It
storage tanks or puiiip conilcctions niust provide an ai'r gap.
(7) Systens having direct cotirlectiolis to %.iatet-viorks serving lawn
spritikler or irrigation systcni@s inust provide aii air gip, double
gate-dOLible c@ieck asscnit)ly, oi, an RP device. If tlie sprin@,le@, or
irrig@ktioii systeiii is also con;iected to an auxiliary sout@ce, an
adequate design must be provided to prevent backflow.
1. All other buildings will be protected acc.ording to the degree of hazard.
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37-45. BAC-1,1-1.0@t I(I:l [)EVI(@.i-s
A. t)'I)C! V,)CtlLiiii bl-cal:(?)-S ill,l)' I)C@ LISC(I Oilly is Pl'otectioil fol,
(iii-ect oi, iii(Iii-ect viitc-i@ coliilcctioi)s %iliei,c, tli(@ vaclitilit ai@c not
sut)jccted to bacl,,prLsstji,e and to coiistatit 1)1'CSSLII'C fi,oiii I.Ile SUPI)LY.
0. Presstire tyl)e victilini bi@cll,,ci,s iiiay be used-oiily is pi-otectioi) foi, dii-ect
oi- indircc+. contiectioiis vilici,e tlic vacuum brealci@s at-e not subjectld
to backpressui-es. Ilic,le uiiits may be itistalled uiidlr continuous lille
pressure.
C. Double check valve asser:iblies may be used as protection f'or all direct
or indirect %,,,atci, coti-iec-lions ttirougli %.ihic@i foi-cign riatet,ials night eiiter
tlie systcm in t@ie @oriti of concenti,ition such as iqould cotistitute a iluisance
c)r be objectionable, sucii as steani, aii-, foods, bcvcrages, or otlici, riaterials
viliicii do not constitute a bcaltli hazard. Tliis device inust be installed in
conjunction 1/2@iitli t,...,o gate valves and four test cocks to allo@q the device to
be tested foi- proper oi)cration.
D. Reduced pressure principle devices way be used as protection for all direct
or indirect viatei@ connections %,ihere sucii devices nlay be subject to back-
pressure.
37-46. INSTALLATION OF DEVICES
A. Bacifloiq pi-evention devices shall be accessibly located preferably in
the sanie roori i-iith the fixture they serve. In all cases installation will
be in accordance w-ith 'Lhe manufacturer's recorpEendatio.,is.
D. Atmosplieric vacuum breakers shall be installed viitli the critical level
at least six (6) iiiches above the flood rim of the fixture they serve and
on tlie dischai-ge side of the last control valve.
C. Pressure type vacuum breakers shall be installed %@iith tli-- critical level
at least tt.ielve (12) inches above the flood rim of the fixture they serve.
D. Ped-,jced pressure principle b&ckflo@-i prevcnters and dOLIble check valves
-assenibly shall L)e installed a mininium of t%.telvc (12) inches above t!ie
existing ground level in an easily accessible location for testing and
biainteiiance.
37-47. APPROVAL OF DEVICES
A. Devices for the prevention of bac@flo%q should be tested and certified to
meet the standards of the belovi listed agencies.
A@',ERICA.11 SOCIETY OF SA@ll-r'@RY ENGIIIEERS,(ASSE)
AViERICAti '..!.4T@-@-:ORKS ASSC,CIPTIOI@l (A@-!'@-!A)
@@D'RDS IT@STITUTE 'A'@SI)
A14ERICAtl t@ATIC::i@L STi,
UNIV-LRSITY OF SOUT@iEP,@@' (@ALIFORi'@IIA FOU@',DATIO@i FOR CROSS
COI@l@IECTIO@l
DEPART;.!E@IT OF iiEALTH, EDUCATION AL@ID 1.@!ELFA-RE L1ST OF
ACCEPTED EQUIFI.!E,'@T FOR l@,TERSTATE CAZRIERS
37-48. TESTIIIG
A. It shall be the duty of the o,,.Iner on "any preniise i-ifierc, b@.ck-flo%./ protection
devices are installed to lia\,e compctl,.nt inspectiois irade at leas'L- oi)ce a
yeat, or riore often in tliose instirices sticccssive iiispections indicate.
Ilicsc -.nspectioiis %qill be niade t)y a certil@ied testei, of the City of Vir-
ginia Beacii or other qualified person approved by tlie Dii@ector- of Perilits
and Iii,lpcctions.
Sec. 37-49. VI(it@ATlOw4!@S l@t!!) I'LIIALTIES
A. l,'Otificatioll of viol,)ticii Tlie Director of Poi-inits itid li)sl,,(.-ctiot)s sil"I@i
liotify til(! o@ilic@i, oi- ititliorize(i i(Iciit of tlie o,,.,iier of tlic,. [@,Liilclilia 01'
pi,cilliF;cs ill %illich tliere is fOLJiici a violdliciii of tliis oi,cliratice of sucil
-i C,
violatioii. Tlie Dit,ector of I)eriiiits and Itispections sliLI1 set a t- asonabi
tiiiil, for tlic, o%.itict- to liive tlie. viol@ition i,eiiioved or coi,rccted. Ui)otl
failure of tlie o@-iner to liave tlie dc@fect coi@1'ectc@d by tile end of tlic
specified tiiiie intervil, tlie Diroctor of Periiiits and Inspections sliall
cause the t.,,@iter service to the preinises to be tel@l-@linated. The cost of
all disconnection and rcconnectioi) sliall be I)aid by the o@.,,nel- or
occupatit of tlie pre,,@iises. Additioilally, tlic ov.,ner niay I)e cliarced with
a Class I misdemeanor. Each day of violation shall constitute a
separate offeiise.
This ordinance repeals all previous ordinances inconsistent herewith.
This ordinance shall be effective on and after April 1, 1977.
Adopted by the Couiicil of tlie City of Virginia Beach, Virginia Beach,
Virginia, on the day of 1977.
AB/cj
2/15177
3/1/77
ORDINANCE NO. 7@, e
AN O)ZI)II'A!@Cl' TO 7@.11.',NID AND Pi@ORi)Ail4
C)IAPT)"R 29 OF TI]17 CODR OF TIIPI CITY
OF VI)IG1141A lii@ACII, VIRG.114IA, RJ.,LATING
TO SEIIL@RS 7@ND SEI-.'AGE DISPOSAL.
13E IT ORDAINL@D BY TliE COUNCIL OF TIIE CITY OF VIRGINIA BEACH,
RGINIA:
That Chapter 29 of the Code of the City of Virginia Beach is
ended and reordained as follows:
ARTICLE 1. SEIQER CONNECTIONS
c. 29-1. Connections Required.
The oivner of any dwelliiig or othcr building in which human beings
ve or congregate sliall, @.iherever a public sewer system shall hereafter
made available by the City, connect such dwelling or'building with
ch public sewcr line within one (1) year after such line becomes
ailable. Date of availability shall be that on which notice is given
publication or by mailing or delivering notice to the affected property.
ever, the Director of Ptiblic ilealth nay reqiiire connection within sixty
0) days if, in his ooinion, a he'alth hazard exists.
Ti, at the time of enactment of this ordinance, public sewer service
presently available to any pronert.y as defined above, then the owner
all effect a connection thereto either witliin three (3) years of the date
wer service became available or witllin one (1) year of the effective date
this ordinance, whichever shail be the carlier. However, the Director,,
Public Health may require connection within sixty (60) days if, in his
inion, a health hazard exists.
It shall be unlawful for any person to empty any sewag6-or industrial
ste into any well, septic tank, open stream or waterway, upon any other
nd-or water, or into any non-certificated sewcr service, at any time afte,-
niiection to the public sc%ior system as requircd by this section.
It shall be unlawful for any person to occupy, lease or rent any
einises in violation of tliis section.,' Eacli day of occxlpancy or use of an),
Omiscs in violation of this section @hall coiistitutc a scparate and dis-
'Ict Of fciise.
c. 29-2. Sewer Cleanouts.
(a) All buildings and d%qcllings connectiiig to tlie public
sewer system sliall liave a cleinout iiistalled in their
lateral line at or near the property line served.
Itil)f;c-ctic)n -bove
il)V,t,tl)Cd 1)Y tlic City of Virgiiiii llc,,lcli, tlic-. cliarcjc! slizill be
a@- follows for eacli cleanout ilistilled:
4. $100. 00
$125. 00
Cleanouts in
excess of 6" Cost of labor, material and equip.,nent
plus 25% administrative charge.
29 -3 Fees.
Tlie following sewer connection and insta@llation fees shall be paid:
(a) Connection to a City sewer line (tap fee):
4" tap $110.00.
G" tap $135.00
Taps in excess of
6. Cost of labor, miterial and eauipment
.plus 25% administrative charge.
The- following fees shall also be ap.olicable to presently connected
es or structures whei)ever a present use or @Lructure is expanded, change,-
moaified. In such cases, the fees shall be determined on the basis of
e total proposed new uses or structures, less a credit at current ratcs
r the presently existing uses or. str-uclures or the last structure if
eviously demolished, provided tlie property has not been vacant for
re than five years. No credit allowed after five years.
(b) Property owners share of system installation, where colinection
is made to a line'or pumpihg station being a part of the syste-@
within the City installed or purchased by the City (line fee@:
(1) single family residences, for the f3*-rst 100' frontage
of parcel, for portion thereof ....................... $78C
For each foot of frontage in excess of 1001; per foot.$ ic
In cases Nihere the front footage is 1.5 or more times
greater than the rear yard footage, the front footage
for the purposes of this subsection sliall be determined
by adding the front and rear yard lengths: and diviaing
that sum by 2. lqhenever a sewer line is locatcd on
two sides of a parcel, the shorter side shall be the
one upon which the determination of front footage shall
be calculated. I%'henever a line is.located on only one
side of a parccl, that sidc sliall be 'Lised for tl)e
purpose of front footage.
(2) I-lotel.,;, alicl botelf,, aiid strticlures %.:ith t%.Io or inore
fainily residential ullits:
For the first uiiit ..... ....... .......... ! ........ $780.00
r
For the next uni.ts to 12 iinits c cre density;
per Ullit or frziction tlie-rcof ......................... e240.00
For the next units from 13-24 units per acre density;
per unit or fraction tliereof ........................ $475.00
For tlie next units from 25-36 units per acre density;
per unit or fraction thereof ........................ $710.00
For all units over 36 units per acre densily; per
unit or fraction thereof ............................ $780.00.
Where inore than one use occurs on a parcel, density
for inotels, hotels or multifamily shall be based on
the l@ind area of the entire.parcel excluding the
square f ootace -,occupied b@ all- other existing. Uses.---
(3)- Nursing and convalescent homes; pe.r room-(calculated
at two beds = one room)% ........................ @...$170.00
(4) Trailers; per space .................................... $240.00
(5) Professional and office buildings; per 600 souare feet
c)f buildiiig area ................................. $170.00
(6) Retail stores and shopping centers; per square foot of
floor spa-ce ..........................................$ .11
(7)-. InduSStriali* manufacturing-,- N.;holesale:,- assembly,--
processing and distribution facilities, domestic use-l-@
per square foot of floor space .......................$
Separate warehouse facilities used for storage only
where no industrial, manu@@acturing, or processing
takes place; per square foot of floor space ...........$ .02
(8) Restaurants - Establishments serving prepared food and
drink:
--For the first 10 seats ................................ $780.00
For the iiext 40 scats; fee per seat ................... $ 22"oc
For all seats over 50 seats; fee per seat ............. $ 38.Oc
(9) Xn all cases where the use or structure has not been
described hereinabove, line fees for the building,
structure, addition, modification or expansion thereto
shall be computed as follows:
The estimated daily flow of the proposed use
shall first be determiiied by the Department
of Public Utilities, based on similar actual
flows of comparable uses, taking into account
the hours of operation, type of use, location
and otlier criteria deterniinative of'estimated
flo%,,s; then
(ii) Tliis@ cstimated daily flow will be divided by
400, yielding a dcjland units figure; then
(iii) Tliis (loinand uni.ts figure will be i@,iultiplic(i liy
tlie Al)plicable iiiiiiiinum fee f.or a single fainily
resideiice.
(iv) If an estimatcd flo@4 ciniiot be Iccurately
detei.-mined, tlie Director of Public Utilities
is autliorized to accept a cleposit in advance
of actual flows, with tlie fce to be deter-
mined after one year of actual consumptioli,
as per i-iii above.
(10) lihere gravity sewer service is not avail.able to the
property o%qner, the fees applicable in subsections (1)
(9) shall be calculated at one-half those 6ilumerated@
above.
(c) Property ov?ners' share of system installation costs where
conii--ction is made to a line or pump station being a part of a
system within the City installed or purchased overall in part
by the City and in part by another party or parties.
These fees will be applied only where the property to be served
is a portion of tlie original property for which the se%,;er lines were
installed by the Drivate party or parties. Further, fees in this section
(c) shall not ap.oly %,,here connection is made to lines purchased by the
City of Virginia Beach:
.(I) Single Family residences; each ........................ $150.
(2) Motels'and hotels, and structures with two or more
family residential units:
For tbe first units up to 12 units per acre density;
per unit or frac-ion thereof ........ ................ $100.
For all units ove@ 12 units per acre density; per
unit or fraction thereof ............................ $150.
-Where more tlian one use occurs on a parcel, density
for motels, hotels or multifamily shall be based on
the land area of the entire parcel excluding the
square foota@e occupied by all other existing uses.
(3) Nursing and convalescent homes; per room (calculated
at two beds = one room) ............................. $ 75.
(4) Trailers, per sp'ace ................................... $10'cf.
(5) Professional and office building; per 600 square feet.$ 75,
(6) Retail stores and shopping centers; per square foot of
floor space .............................. T ..........
(7) Industrial, maiiufacturing, wholesale, assembly,
processing aiid distribution facilities, domestic
use; per square foot of.floor space ..............
Separate warehouse facilities used for storage only
wliere no industrial, manufacturing or proccssing
takes place; fee per square foot of floor space ..... $,O/
Estiblishmcl)"- serviiig Prepa):ed fc)od I,)d
c3rinic
For L)ic first 10 seats .................................. $150.(
For tlic ncxt 40 scats; fee per scat ..................... $ 4.c
For all scats over 50 seats; fee per scat ............... $ 7.(
(9) In all cases wlierc the use or structure lias not bcen
doscribed liereiiial@ove, line fees for the building,
structure, addition, inodificition or expansion tlicreto
shall be computed as follows:
The estimated daily flow of tlie proposed use or
structure shall be first determiiicd by the
I)cpartment of Public Utilities, based on s@.milar
actual flows for comparable uses or structures,
taking into account the hours of operation, tvpe
C)f USe, location and otlier criteria determina-tive
..Of estimated flow; then
This cstimated daily flow will be divided by 400
yielding a demand units figure; then
.(iii) This dcmand units figure will be multiplied by the
minimum applicable fee for a single family residence.
(iv) If an estimated floiq cannot be accurately determined,
the Director of Public Utilities is authorized to
accept a dedosit in advance of actual flows, with the
fee to be detei-mined after one year of actual
consumption, as per i-iii above.
(d) Special sewer line fee for seasonably operated camp sites,
parks connected to any main or interceptor; per camp
space ........................................................ $100 . c
(Provided that to obtain such fee, the owner shall enter into a
contract with tlie City providing that at such future time that
the camp park is converted to year round use, fees specified in
paragr,ii3hs (b) (4) or (c) (4) shall be applicable and tlie owner
shall pay the difference in such fees at time Of conversion to year
round use.)
(e) In no event shall any line fee for any purpose enumerated in
.paragraphs (b) through (d) above be less than the amount calculablc
if the use in question were a single family residence. lqhere
more than one use or more than one st'
ructure is to occur on a
single parcel of land, the mininium amount shall apply separately
to each individual use or structure.
No building permit shall be valicl nor shall any water or se@qer
tap be installed for any property until fees providqd for in this
ordinance shall have bcen paid.
(g) In the case of existing contract agreements between o@qners and
the City regarding fees and waiver of fees, such agreements sliall
remain in effect.
C)I- Of
C'.i L C)
f
I)C!li;i )f o t t-' (, - -; 1) 1 1 C
;ire tltle. 'i'lic i-c@) i.-ts of -..Ilcll I)oLc.s OI)C C)f t lic@
lille fv(,, iii ;1(3(liLiL)II to ill i:,ID ill(-] fc-C-S, ji%-Ln @t-
tile ):Cll)liil)cler L)irec- CC.-klill,
it i ratc of iiltcl:c-!;t of eiglit I)erceitt: Ii(-,r itillill!.''
lio@@ever, tllit zili@, t"@
re(jill'itioli-- of t)lc Ilitc):Illl I'%Cvcyltlc Service is l lioli-profit
orcjiliizat-ioii ir)d c.-in prove stich @-lic tcriis of tlie I)OLC
be tccel-)Lcd inay provi(3c fol7 (3oNin I)ziyrilent--, %.Iitb tl)c
b.il,ilicc- (luc! 1-n four eqxiil, ai)iiual installi,,icjits, ,,itli a rite of
ijiterest of c.iglit percent per aiinki-m.
lllion a hirdshit) exists, t@e Dircctor may allow tlie do@,?n Dayr,,.cnt t:@
be paid by installnionts over a one year period ; or, if.the
propcrty is being o@@-@ered @@-or sale, the Dircctor may ent&@ into ai
agrcemcnt whereby all fees shall be paid from the procecds of the
sale or wi-Iiin nine-,y (90) da.@,s of the date of the agreement,
whichever sliall b-- the sooner..
ARTICLE II. CILARGF-S FOR I.iAll@TENANCE OF SYSTEM
hh'D TREATI,,ENT C)F SEI-IkGF.
c. 29-4. Sy@tem Maintenance Charges
The folloi-iing monthly maintenance rates are hereby established witl-.
spect to all property connected direct@ly to or indirectly through othc
nes to lines or facilities operated or maintained by the City.
(a) Residential uses:
Llon
(1) Sinale family resideiices ................... 5.00
(2) Struc"ures with two or more family
residential units, and trailer parks:
First unit or trailer ..................... . @.oo
Bach additional unit or trailer ............ .3.75-
(3) liotels and motels; for the first room
provided for occupancy ................... . $ 5.00
racli additional room for occupancy ...... $ 2..00
(4) Campgrounds, for the first si?ace provided. $ 5-.00
For each additional sp@ce provided ........ $ 2.00
(b) Non-resi(3ontial uses:
(1) For all non-residential uses in whicli there is also'
supplied public %,7ater service, the maiiiten'ance charge
shall be determined by the size of the %,:ater tap
ILI)rotigli whicli water is provided, as per tlie following
schedule:
Tap Size @lontlily Cliarce
3/4 5. 00
I -6.25
11/2
12.50
2 18.7v
3 $ 37.,@'
4 62
]L 0 fi 0
12 @7'io. I
(2) For all non-resieicTItial LISCS in wlii.cli ptiblic water service
is not available, tlie fcc sliall be.as follows:
0-4 commoc3es ................................... $ 10.00
Each aclditional coi-@imode over four; foe per
commode ..................................... $ ?..00
Sec. 29-5. Billing.
Tlie Director of Public Utilities is hereb.y authorized to bill each
customer no less frequently than on a bi-monthly basis. The charges in
Section 29-4 shall be calculated for each service period by multiplying
tlie number of days in the service period by the applicable daily charge
for the rates on a twelve (12) month basis.
Tbe Director of Pul:)Iic Utilities is hereby authorized to send one
bill for sewer main"enance charges and water consumption and maintenance
charges to those customers ;,,ho receive both such services.
Sec. 29-6. Sewage Treatment.
in addition to the charges imposed by Section 29-5 there are hereby
imposed uniform charges for sc,,Iage treatinent as follows:
(a) lihere treatment of sewage is performed by the Hampton Roads
Sanitation District, the charges shall be paid to the district
in conformity with the rates establisbed by the district.
(b) llhere treatment of sewage i-s perforined by the City, the charges
shall be:
(1) For each single family resiaence including trailers and.
Tnobile homes,-$3.00 per month.
(2) For all other structures, the charge shall be equal to th"c
imposed by HaF,,pton Roads Sanitation for like structures.
Sec. 29-7. llhcn bills due; delinquent-iccouiits.
The Department of Public Utilities shall mail or deliver all bills,
but failure to receive such bills shall not prevent tlic discontinuance o
service if the ainount due is not paid with@.n tlie time limits hereafter s,
forth.
I
All bills sliall be due aiid payzabic L-eii days froin the CIZILE Of tl)e
bill. All bills shall be doeined dolin@@iciit if no t paid witliin thirty day
of tlie date of the bill. A notice of such delinqtioncy shall be mailed to
the oi,?ner or occupant of the premises, directing such o%qner or occupant
to show cause why the premises should not cease discbarging sewage or
waste directly or indirectly into the public sewer system. Interest on
all unpaid, past due bills shall accrue at the rate of one per centum per
tnonth.
if within two months of the due date of the bill, all charges and
interest are not paid, the water supply system to the premises shall be
disconnected pursuant to Sec. 15.1-321, Code of V:Lrginia, 1950, as amende
Such charges shall become a lien against the property and shall be colloc
according to abovementioned State Code Section.
Sec. 29-8. Reconriection Fee.
Xf sewer service must be disconnected for non-payment under Section
29-7, service shall not be reinstituted until paymelit is made to the City
for all arrears plus the actual cost for reconnection for labor and
materials and equipment, plus 25% of such costs for administration, by
"e person desiring reconnection.
If water service is disconnected to the premises for non-payment of
bills'pursuant to Sec. 29-7, then the arrearages and reconnection fee gha
be paid in accordance with Sec. 37-26 of the City Code.
Sec. 29-9. Payment.
In any case where fees'required by.this chapter are paid by check,
draft, or other instrument and the check or other instrument is returned
for any reason, no tap shall be installed or if already installed, the
sewer service or water usage shall be discontinued until full payinent is
received.
- -- --- - - - - - - -
29-10. Penilty for violition of Clllpter.
Atiy person %,?ho shall violate ally of tile
provisions of this cliapter,
wliicli tliere is no otlior penalty provided, shall, upon conviction
tiereof, be guilty of a Class III misdemeinor and eacli days continuation
f a violation.sliill be considered.a separate offense. Any sucli person
liall furtliermore be liable for al
1 damage, loss and expense suffered
r incurred by the City as a result of such violation.
ec. 29-11. Line Fee Exemptions - For Certain Elderly Persons.
(a) Line fee exemption is provided for certain property owners who
qualify urider subsection (b) of tliis section. The exemption is
to be administered by the City Manager or his authorized delecate,
herein referred to as the administrator. The administrator is
hereby authorized and emooiqered to prescribe, adopt and enforce
rules, regulations, including the requirement of ansiqers under
oath, as may be reasonably necessary to determine qualifica-lions
:[or exemotion. The administrator may require the production of
certified tax returiis and appraisal reports to establish incoine
and financial worth.
(b) Exemptions shall be granted subject to the following provisions:
(1) Title to the property for which the line fee exemption is
soiight must be held or partially held by the applicant at
least one hundred and twenty days prior to the iiistallation
or scheduled date of installation, whichever comes first,
of the sewer line..
(2) The owner of the title or partial title is sixty-five years
of age or older at least one hundred and ti'7enty days prior
to the installation or scheduled installation date, 1.71fich-
ever comes first, of the sewer line.
The dwelling to be connected to the sewer line is tYe sole
dwelling of the applicant claiming exemption.
(4) The total combined income of the owner and the owner's
relatives living in the household during the year immediat@l-
preceeding the installation shall be determined by the
administrator, not to exceed six thousand dollars.
(5) The net combiiied financiai worth of the ol,7nor or owners
shall not exceed twenty thousand dollars, excluding the
fair market value of the house to be connected to the sewer
line. Net combined finaiicial worth shall include tlie value
of all assets, including equitable interests, of tlie owner
or owners and of the spouse of tlie owiier or owners.
(c) The persons appl@,ing for line fee exemption must file with the
administrator a line fco e>:einption affidavit, setting forth, in
a maiiner prescribed by the administrator, tlie location and vali.0
of tlic property to be connected to tlie linc; tlie names of the
persons relatcd to the o%,?ncr aiid occtil)yiiig tlic d,...,Cllillg; tlieir
cjross coi-,ibiiic-d income and tlieir net coiiii3ined finaiicial %,?orth.
(d) llhere tlie person claiming exemption confornis to the standards
and does iiot exceed tlie lijnitations contiined in this section
tlie line fee excini)tioii sliall be as slioi,;n on tlie follo',7ing
schedule:
Total Income, All Sources Exempti-on
00.00 -$2,000.00 3.00%
$2,001.00 -$3,000.00 80%
$3,001.00 -$4,000.00 60%
$4,001.00 -$5,000.00 40%
-$6 000. 00
@%5,001.00 20%
(e) If within twelve rnonths after the sewer line exemption is
obtained, the applicant's financial position should change so
that its effect would be to remove the person holding the
exemption from within the limits and standards of this section,
then the person holding the exemption shall refund the amount
of the exemption to the City.
(f) Any person or persons falsely claiming an exemption or violatinq
any provision of this sectioii shall be guilty of a misdemeanor
and upon coiiviction thereof shall be punished by a fine not
exceeding one thousand dollars or confiiiement in jail not
exceeding twelve months or both
Sec. 29-12. Line Fee Exemptions - For Certain Financially Disadvantaged
Persons.
(a) Line fee exemption is provided for certain financially dis-
advantaged property o@.;ners %,iho qualify under subsection (b)
of this section. The exemption is to be administered by the
City llanager or his authorized delegate, herein referred to as
the administrator. The administrator is hereby authorized and
empowered to prescribe, adopt and enforce rules and regulations,
including the requirem--nt of answers under oath, as may be
reasonably necessary to determine qualifications for exemptiov.
The administrator may require the production of certified tax
returns and appraisal reports to establish income and financial
worth.
(b) Exemptions shall be granted subject to the following provisions:
(1) Title to the property for @.;hich the line fee exemption is
sought must be held or partially held by the applicant a-.
least one hundred and twenty days prior to the installatio:
or scheduled date of installation, whicliever comes first,
of the sewer line.
(2) The diqolling to be connec@-ed to the sewer line is tlesole
dwelling of tlic applicant clairiing exemption.
(3) The total combined income of tlie o%,;ner and the owner's
relativcs living in tlic household during the year immediat,
preceediiig tlie installation shall IDe dctermined by tile
administrator not to exceed four thousand dollars.
(4) 'I'hc i)ct coitll)ii)ed finii)ciil %,70rtl) of tllct O%-@nc-r or o,,;n(.@rs
s)izill. not eycoccl twelit--y dol2.zi):s exclu(lij)g fzij.r
ina rk'et- viliLi(-- of the I)otise to 1.)e coj)iicctccl to i:lie scwor
Iiiie. 7@ct- coiiil)iii(--d fiji@iliciil 1.@C)rtli sliill illc3.tlc7.e tlie
value of al.1 assets, i-ncltidiiicj r-,qtiitzibl.e iilt-ercr;ts, of
tlic o@qncr or o@.;ncrs aiid of tlic spouse of tlie o%,:Iier or
owners.
(c) The persons app .lying for iine fee exeinptioil must fil(- %4ith tlic,
administrator a line fee exeinption affidavit, settiiig forth, '@
a inanner prescribed by tl)e idiiiinistrz-itor, the location and va,
of the property to be connected to the Iiiie, tlie niitiic@s of the
persons rel.ated to tlie oi,7iier ind occupying tlie dliell-illg, tlieir
gross coiiibined incoine and tlieir i-let coinbined finaiicial %qorth.
(d) libere the person claiming excmption conforms to the standards,
and does not exceed the limitatiozis contained in this ordinanc
tlie line fee exemption shall be as sliown on tlie folloi.@ing
schedule:
Total- Income, All Sources Exeniotion
$ 00.00 - $2,000.00 3-00%
$2,001.00 - $3,000.00 80%
$3,001.00 - $4,000.00
60%
(e) if, within tiqelve months after@the sewer line exemotion is
obtained, the applicaiit's financial position shoulcl change so
that its effect %,;ould be to reiiove the person ])olding tlie
exemption from within the liinits and standards of this sectio,
.then tlie person holding the excmption shall refund the amount
of the excinption to the city. I
(f) Any person or persons falsely claimii-ig an exemption or violat:
any provision of this section shall be guilty of a misdemeano,,
and upon conviction thereof sh@,a).l be punished by a fine not
exceediiig one thousand dollars ' or confinement in jail not
exceeding t@.7elve inontils or-both.
This ordinance repeals all previous o dinances inconsistent herewith.
I - -
This ordinan6e shall be effective on and after April 1, 1977.
Adopted by the Council of the City of Virginia Beach, Virgini
on the day of 19
-AB/cj
2/1 6/7 7
3/1/77
iii'li@l 17lub2q
On motion by Councilman Waterfield, and seconded by Councilman McCoy,
and by record6d vbte as follows:
Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., George R.
Ferrell, John R. Griffin, J. Henry McCoy, Jr., Councilwoman Meyera
E. Oberndorf, Roger L. Riggs, Vice Mayor Patrick L. Standing, and
Floyd E. Waterfield, Jr.
Nays: None
Absent: Mayor Clarence A. Ilolland, and Councilman J. Curtis Payne
City Council voted to defer indefinitely second reading of an ordinance
to amend and reordain Section 21-5 of the Code of the City of Virginia
Beach pertaining to mosquito control districts.
AN ORDINANCE TO AMEND AND REORDAIN
SECTION 21-5 OF THE CODE OF THE CITY
OF VIRGINIA BEACH PERTAINING TO
MOSQUITO CONTROL DISTRICTS
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA:
That Section 21-5 of the Code of the City of Virginia Beach is
amended and reordained to read as follows:
ection 21-5: Princess Anne-Pungo Mosquito Control District
The Princess Anne-Pungo Mosquito Control District shall include
all of the area within the Boroughs of Princess An,e ad Pungo except for
the following areas in Pungo Borough:
(a) The Back Bay Wildlife Refuge.
(b) That area south of Back Bay Wildlife Refuge to the
North Carolina line bordered on the east by the
Atlantic Ocean and on the west by the waters of
Back Bay. This area includes but is not limited
to those sections known as Barbour Hill, Etheridge
Camp, False Cape, Beasley's Camp, Goat Hill, Wash
Woods and Brown's Camp.
(c) That portion of the area known as Ynott, Island
which is situated in the City of Virginia Beach.
First Reading: February 28, 1977
Second Reading:
Deferred indefinitely or@ March 7, 1977
This ordinance shall be effective July 1, 1977.
Adopted by the Council of the City of Virginia Beach on the
day of . 1977,
ITEM @-10525
On motion by Councilman Ferrell, seconded by Councilwoman Oberndorf,
and by recorded vote as follows:
Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr,., George R.
Ferrell, John R. Griffin, J. Henry McCoy, Jr., Councilwoman Meyera
E. Oberndorf, Roger L. Riggs, Vice Mayor Patrick L. Standing, and
Floyd E. Waterfield, Jr.
Nays: None
Absent: Mayor Clarence A. Holland, and Councilman J. Curtis Payne
City Council approved on second reading an ordinance to appropriate
funds to provide needed equipment for the Police, Public Works and
Fire Departments. The appropriation is in the amount of $169,700
in Anti-Recession Fiscal Aid Program funds.
AN ORDINANCE TO APPROPRIATE FUNDS TO PROVIDE
NEEDED EQUIPMENT FOR THE POLICE, PUBLIC WORKS,
AND FIRE DEPARTMENTS
WHEREAS, the City Council is interested in providing needed equipment
for the Police, Public Works, and Fire Departments, due to continued growth
in the city and,
WHEREAS, the Office of Revenue Sharing has agreed to pay the City
an estimated amount of one hundred sixty-nine thousand, seven hundred dol-
lars, ($169,700).
NCW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That funds available under the Anti-Recession Fiscal Aid Program be
appropriated to the Departments of Police, Public Works, and Fire as follows:
POLICE
Police vehicle w/data terminal
and accessories (replacement) $ 9,300
PUBLIC WORKS
20 cu. yd. high compaction body refuse truck 42,500
18 cu. yd. rear loader refuse truck 36,900
FIRE
Fire Pumper (replacement) 81,000
Total Budget $169.700
First Reading: February 28, 1977
Second Reading: March 7, 1977
ITEM #10526
On motion by Councilman Baum, seconded by Councilman McCoy, and by
recorded vote as follows:
Ayes: Councilmen Jobn A. Baum, Robert B. Cromwell, Jr., George R.
Ferrell, John R. Griffin, J. Ilenry McCoy, Jr., Councilwoman Meyera
E. Oberndorf, Roger L. Riggs, Vice Mayor Patrick L. Standing, and
Floyd E. Waterfield, Jr.
Nays: None
Absent: Mayor Clarence A. Holland, and Councilman J. Curtis Payne
City Council voted to approve on second reading the following ordinance
authorizing the issuance of $7,000,000 Public Improvement Bonds of the
City of Virginia Beach, Virginia:
AN ORDINANCE AUTHORIZING THE ISSUANCE
$7,000,000 PUBLIC IMPROVEMENT BONDS OF
TIIE CITY OF VIRGINIA BEACH, VIRGINIA
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
1. It is hereby determined to be necessary and expedient
fo@ the City of Virginia Beach to construct and improve various
publ.'Ic facilities and iinprovements, all of which will promote the
developuient and public welfare of the City, and to borrow money
for sucli purposes and issue the City's general obligation bonds
therofor.
2. Pursuant to the authority of the Charter of the City
of Virginia Beach (Ch. 147, Acts of Assembly of 1962, as amended)
and the Public Finance Act, as aiiicnded, therc are hcroby authorized
to be issued Seven Million Dollars ($7,000,000) Public Improvement
Bonds of the City of Virginia Beach to provide funds, t:ogether
with other funds that r@lay be available, for the following purposes:
Planning, construction and improve-
ment of sewer system, including
force mains, gravity lines and pump
stations $1,506,400
Planning, construction, site
acquisition and improvements
and equipping of school facil-
ities 4,000,000
Planning, construction and improve-
ment of water system, including
transmission and distribution
lines, pump stations and storage
tanks 493,600
TOTAL $7,000,000
Any ar@iounts not needed for any such purposes may be used
for any othcr of such purposes.
3. The bonds shall bear such date or dates, mature at such
tiLle or times not exceeding forty years from their dates, bear in-
terest at such rate or rates not exceeding the maximum rate per-
2
tions and form, be executed in such manner and be sold at such
time or times and in such manner, including the sale of the same
as one or more separate issues or in conibination with the sale of
general obligation bonds heretofore or hereafter authorized for
sirnilar or other purposes, as the Council shall hereafter pro-
vide by appropriate resolution or resolutions.
4. The bonds shall be general obligations of the City of
Virginia Beach for the payment of principal of and interest on
which its full faith and credit shall be irrevocably pledged.
FIRST READING: February 28, 1977
SECOND READING: -March 7, 1977
Adopted by the Council of the City of Virginia Beach on the 7th
day of March 1977.
ITEM #10527
The CitY Clerk read the following Public Notice.
Yirgil)j.,i. Beacli: Notice is licrein fiven thtt on
tion(lay, NI@Li,cli 7, l@)77, at 2:00 ill tlic City
Couiicil Clianibers in tl)e A(IiiiiiijF@tration Puildiii.-
rLi@ th(@ Anne Station,
Virf,j-iii.,,l 130acli, tll(@ Ci-ty Colli)(',ij@ of
tlic CI-IN' of \li.rf, et foi, tlic
@%,ill ille
of liolciiii@, a I)ul)li@ heariii[, oii the ,,I)P-
for ,t feder,-tl gi-.-iiit fi@c)i@i tlic Dc,.I)aa,tiiic,,tit
of lIC)IIsillf, 11)cl Ui-I),-Ln iiilclci, tll(2 liolisiii[,T
L, ity lo%,cloi)in(@iit Act c)f 197@l. Tlic pi-o-
,ilicl coli I!Illl
po@.;C(l tliii-ci-yc@ir
for Col't@ti.ii Cc)!!@IIILIIljtY @LCi,tj',IitOS un(ler
I)tiblic l,a\v 9,i-383 iii tl)c-, ii!iolilit of $2,')',,'O,000 for
fj-sct3. Y(@"Ir 1971'-3978. Pei-@,oii:,, t() bc
re[,ai-(Ijllr tliis Tilittc,r %%'itli tlie
Offi.c-,c of tlic (,'il 'y Cl,(@)'k 1)@r Ictter or tc.Ic,])I)Ollo
(.)il o3, 5:00 oli
2, 1977 oi' It, I)I@iol, to
of tl)(@
The following appeared before Council regarding the hearing:
Mrs. Alice Green spoke in favor of this and requested more funding
for the Newlight section of the City.
Mr. Robert B. Wilson, President of the Newlight Civic League, appeared
in favor of the third-year funding.
Mr. F Allen appeared in favor of this funding.
The City Clerk read the following letter from the City Manager;
A Public meeting @-ias hel.d on Februery 28, 1977, at
7:30 p.m., in the Ci-ly Council ChanLbcrs for the purpose of
receiving thc public's con@mierits and recommendations for tlie
third year grant application of the Corqmunity Development
Block Grant iii the-amount of 1,2,280,000.
Subsequently, the City's Community Development Steering
Committee revie@,7ed the comments received from tlie public wliich
concerned both the progress of the first and second year's
programs as,well as the-ir proposai@- for the third year. The
Committee, as a result, is recor.,imending the attached ar.Lended
second year and new third year programs.
The Committee's recommendations are consistelit with the
three year program concepts for7,ulated and endorsed by City
Council in 10@75 witli the following exceptions: first, the
low interest loan colicept is being e-pedited from 1978 to 1977
and second, because of reauests froii the Seatacl: Conmunity the
Owl's Creek Lane area is record-ended for sewers during the third
program year. Funds to design and construct the system to
service the oi%ll's Creek Lane area can be obtained by traiisferring
the funds presently allocated to the Seatack Phase I Contract.
This phase of the overall Seatack sewer program is no longer
necessary because the proposed Arts and Conference Center vlill
bring sewer to this area of ',-he SeaLtack Corraviunity.
The key points of the Cominittee's proposal are: 1) a
continuation of the emphasis on sewer and water projects for the
corrinunity developr.,,.ent target neighborhoods; 2) the scheduling
of street improvements to follow the completion of the sewer and
water projects -Por the Seatack and Newlight neighbcrhoods; and
3) the establishment of a Low Interest Loan for Rehabilitation
Program.
As proposed, this program would be limited to helping low
income residents of the target neighborhoods handle the costs of
connection to sewer aiid i-7ater lines and tap fees required by the
City's mandatory connection ordiiiaiices, ai-id i.-,inimum indoor
bathroom and kitchell plur',Ibing fixtures.
Unless there is evidence presented by speakers at today's
public hearing to cause Council to act contrary to the recoinriendatiori
of the Steering Commii'l-tee, it is my recorimendation tliat Counc@l
approve the attached resolutioli and tlie Steering CoirLmittc-e's proposal.
yours,
l@a
r
After considerable discussion Councilman Ferrell made a motion,
seconded by Councilman Griffin, to adopt the following resolution
for the third-year grant application of the Community Development
Block Grant in the amount of $2,280,000. This program would be
limited to helping low income residents of the target neighborhoods
handle the cost of connection to sewer and water lines and tap fees
required by the City's mandatory connection ordinances, and minimum
indoor bathroom and kitchen plumbing facilities:
ITEM #10528
Mr. Richard M. Swope, Attorney, represented Mr. Alfred M, @,lason
Mr. Swope stated that this is an appeal under the Site Plan Ordinance.
The first step of that appeal was with Mr, Carl Lee, City Engineer.
A member of the Staff had compiled a chronology of the history of
this development. Mr. Swope cited the following corrections to this:
1. Item #10 - July 27, 1976 - @Ar. Mason and
Mr. Coe (the developer of tlie property irimediately
to the West of Mr. Mason's site) met with 14r. Reeves
E. Johnson, Acting Director of Community Services, and
requested that they be permitted to escrow the cost of
the right-of-way improvements for their sites for a
period of two years. Mr, Johnson said they could escrow
the cost of the right-of-way iniprovements with a per-
formance bond for a maximum time of two years.
Add to the above - "@,lr. Reeves Johnson, stated to Mr.
Mason, in his capacity as Acting Director of Community
Services, that he foresaw no difficulty with what Air.
Mason now requests, and that is to pave from the building
which he has erected at the intersection of Cleveland Street
and Bryant Avenue, in the Bayside Borough, to Cleveland
Street."
2. Item #12 - November 24. 1976 - Mr. @,lason sent a
letter to C. Oral L b,,rt, Jr., requesting that a recorded
agreement for the deferral of installing the right-of-way
improvements be established in lieu of posting a performance
bond since Mr. Richard Coe had been perinitted to establish
a recorded agreement in lieu of the bond.
Add to the above - "Mr. @lason requested a two year
extension of all site improvements before his pro-
perty and off his property pending the widening of
Cleveland Street."
3. Item #14 - December 29, 1976 - Mr. Mason and
his attorney, Mr. 'chard Al. S@vope, met with Mr. Carl
R. Lee to request a waiver of the perimeter curb re-
quirements. Mr. Lee told Mr. Mason and Air, Swope t!iat
these perimeter curb improvements would be required.
Add to the above - "It was not limited to a request to
a waiver of a requirement of perimeter curbing, but it
was the right to pave out to Cleveland Street. The
alternative was a request to waive certain perimeter
curbing."
4. Item #15 January 19, 1977 - 34r. Richard M.
Swope wrote a letter-to Mr. George L. Hanbury requesting
a waiver of the installation of the perimeter parking
curb until such time as Cleveland Street is widened.
Add to the above - "(1) A variance to allow paving out
to Cleveland Street, or as an alternative (2) a waiver
of the requirement of perimeter curbing."
Mr. Swope further stated that his client has two grounds of appeal:
1. A variance from the City requirement that a
variance allowing @4r. Mason to pave out to
Cleveland Street.
2. Mr. Mason be required to only put in CG2 inside
perimeter curbing.
Mr. Swope stated that his client is r,,dy to sign whatever agreement
is placed upon the property by the City with respect to when Cleveland
Street is open to putting in whatever requirements are needed. Mr.
Swope's client will sign that agreement in such a form that it could
be recorded and be a lien against Mr. Mason's property.
Mr. Swope stated, however, that to single Mr. Mason out at this stage
in the development of Cleveland Street bY putting in the limited
parking facilities and inside curbing is not a uniform application of
the Site Plan Ordinance.
After considerable discussion, Councilman DAcCoy made a motion, seconded
by Councilman Cromwell, to turn the matter of the subdivision variance
for Mr. Alfred M. Mason on lots 39 through 42, Block 43, Euclid Place
at the Northeast corner of Cleveland Street and Brian Avenue over to the
City Manager to be handled administratively with the following stipulations
to satisfy the requirements:
1. Mr. @4ason to sign an agreement stating he will
put in whatever requirements are needed; and further
agrees to sign the agreement in a form that will be
recorded and become a lien against @ir. Mason's pro-
perty.
2. Not oppose the widening of Cleveland Street.
Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., George R.
Ferrell, John R. Griffin, J. Henry McCoy, Jr., Councilwoman Meyera
E. Oberndorf, Roger L. Riggs, Vice Mayor Patrick L. Standing, and
Floyd E. Waterfield, Jr.
Nays: None
Absent: Mayor Clarence A. '@iolland, and Councilman J. Curtis Payne
City Council voted to turn the matter of the subdivision variance for
Mr. Alfred ,M. Mason on lots 39 through 42, Block 43, Euclid Place at
the Northeast corner of Cleveland Street and Brian Avenue over to the
City Manager to be handled administratively with tiie fillowing stip-
ulations to satisfy the requirements:
1. Mr. Mason to sign an agreement stating he will
put in whatever requirements are needed; and further
agrees to sign the agreement in a form that will be
recorded and become a lien against Mr. Mason's pro-
perty.
2. Not oppose the widening of Cleveland Street.
ITEM #10529
Application of Gibson En,uipm,lnt CO., Inc., for a Conditional Use Permit for
recreational facilities of an oljtdoor nature (i-iater sTTdeF&l certain DROP-
erty located at the Sotit@east intel,sectior. of the Virainia Beach-Norfolk
Expi,ess@,,,ay and Birdneck Ro,,d, runiiiiig a distance of 730 fr-et mor(, or Ic,.ss
along the South side of Vii-qinia Beach-Norfolk Express,..tav, runninci a dis-
tance of 420 feet niore or less alonq. tlie Eis-Gern property line, runniiiq a
distance of 620 feet morc or less along the Southern property line, runnin(i
a distance of 180 feet iliore or less iii a @@lort@iei-lv direction, r-,Inriinq a dis-
tance of 170 feet more rr less in a I-lesterly direction and runninci a dis'uatice
of 11.0 feet riorc or less along the East side ol- Birdneck Road. Said parcel
co.ntains 4.5 acres qioi,e or less. LYti[@HAVE@l BOROUGH.
Plannina Coirniission RecoiiigiendaLtion:
A motion vias passed unaniniously by the Planninci Cormission by a recorded vote
of 13 to deny this reqll,@st as the proposed site is not aL suitable 'iocation for
a facilitv of this nature.
On motion by Councilman Griffin, seconded by Councilman Riggs, and
by recorded vote as follows:
Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., George R.
Ferrell, John R. Griffin, J. Henry McCoy, Jr., Councilwoman Meyera
E. Oberndorf, Roger L. Riggs, Vice Mayor Patrick L. Standing, and
Floyd E. Waterfield, Jr.
Nays: None
Absent: Mayor Clarence A. liolland, and Councilman J. Curtis Payne
City Council voted to deny the above application of Gibson Equipment
Company, Incorporated, for a Conditional Use Permit f,r recreational
facilities of an outdoor nature (water slide) on certain property lo-
cated at the Southeast intersection of the Virginia Beach-Norfolk
Expressway and Birdenck Road, running a distance of 730 feet more or
less along the South side of Virginia Beach-Norfolk Expressway, running
a distance of 420 feet more or less along the Eastern property line, runn-
ing a distance of 620 feet more or less along the Southern property line,
running a distance of 180 feet more or less in a Northerly direction,
running a distance of 170 feet more or less in a iiesterly direction and
running a distance of 110 feet more or less along the East side of Bird-
neck Road. Said parcel contains 4.5 acres more or less. Lynnhaven Borough.
Approval of this request was denied as the proposed site is not a suitable
location for a facility of this nature.
On motion by Councilman Griffin, seconded by Councilman McCoy, and
by recorded vote as follows:
Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., George R.
Ferrell, John R. Griffin, J. Ilenry @,IcCoy, Jr., Councilwoman Meyera
E. Oberndorf, Roger L. Riggs, Vice Mayor Patrick L. Standing, and
Floyd E. Waterfield, Jr.
Nays: None
Absent: Mayor Clarence A. Holland, and Councilman J. Curtis Payne
City Council approved on first reading the following ordinance to
accept grants totalihg $45,034 from the Divisi6n of Justice and
Crime Prevention and to appropriate these funds; and further
authorized the City Manager to accept these grants on behalf of the
City of Virginia Beach:
Grant Total Amount Local Match
Sheriff's Department Radio $20,034 $1,002
Equipment
Police Training $25,000 $1,250
AN ORDINANCE TO ACCEPT GRANTS TOTAL-
LING $45,034 FRO@L TIIE DIVISION OF
JUSTICE Al%li) CRLNII' PRI-I-Vl-'NTIOiq AND TO
APPROPP,LkFE Til)-l'SE FUINDS
BE IT ORDAII\IED BY TIIF-, COUNCIL Or TIIE CITY OF VIRGINIA BEACII,
VIRGINIA:
That two grants from thc Divison of Justice atid Crinie Prevention
be acceptl@d and appropriated for the folloiqing purposcs:
Estiinated Revenue Local Total
From Otlier Agencies Matcli Appropriation
Sheriff's Dept.
Radio Equipment $19,032 $1,002 $20,034
Police Traiiiing 3 750 1,250 25,000
Total 142_Z 2
_@2 @2_ 5@ @O @4
That the appa:opriations will be financcd by $Z@2,782 estimated
revcnue from the DJCP aiid a local sliare of $2,252 to be transferred from
the Reserve for Contingencies-Federal Grants.
First Reading: Plarch 7, 1977
Second Reading:
Adopted by the City Council of \Iirginia Beach on the
day of 1977.
RESOLUTION
WHEREAS, the United States Congress has established
legislation designated as the Housing and Community Develop-
ment Act of 1974 setting forth as a national goal the develop-
ment of viable urban communities; and
WHEREAS, there is federal assistance available for
the support of community development activities directed
toward specific objectives such as the elimination of slums
and blight; the elimination of conditions which are detri-
mental to the health, safety and welfare; the conservation
and expansion of the Nation's housing stock; the expansion
and improvement of the quantity and quality of community ser-
vices; and other such related activities, and
WHEREAS, the City of Virginia Beach has developed a
three-year Community Development Program and structured the
necessary mechanisms for implementation in compliance with
federal directives; and
WHEREAS, the City of Virginia Beach is in the process
of implementing the first and second phases of the three-year
program and desires to initiate an application for the third
phase of the program in the amount of $2,280,000.
NOW THEREFORE BE IT RESOLVED BY THE COUNCIL OF THE
CTTY OF VIRGINIA BEACH:
That the City Manager is hereby authorized and directed
to cause such inforination or materials as may be necessary to
be provided to the Department of Housing and Urban Development
to permit the formulation, approval and funding of the City's
Third Year Entitlement Funding Application:
AND BE IT FURTHER RESOLVED, that the Council of City
of Virginia Beach gives its assurance that the intent of the
Act will be complied with in full;
AND BE TT FURTHER RESOLVED, that the Department of
Housing and Urban Development is respectfully requested to
assist in the prompt approval and funding of the subject pro-
gram in order that the public interest of this City may be best
protected.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
7tli day of March 1977.
APPROVED AS TO CONTENT
ATU
APPO- AI-7 T,-- 'ICRM
-@- @,-Vpl@ -
@ cily "i
ITEM #10531
On motion by Councilman Ferrell, seconded by Councilman Griffin,
and by recorded vote as follows:
Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., George R.
Ferrell, John R. Griffin, J. Henry McCoy, Jr., Councilwoman 14eyera
E. Oberndorf, Roger L. Riggs, Vice Mayor Patrick L. Standing, and
Floyd E. Waterfield, Jr.
Nays: None
Absent: @layor Clarence A. Holland, and Councilman J. Curtis Payne
City Council voted to adopt the following ordinance to amend and
reordain Divisions 4 and 5 of Article III of Chapter II of the
Code of the City of Virginia Beach, Virginia, relating to Officer
and Emoloyees (Grievance Policy):
AN ORDINANCE TO AMEND AND REORDAIN
DIVISIONS 4 AND 5 OF ARTICLE III OF
CHAPTER II OF THE CODE OF THE CITY
OF VIRGINIA BEACH, VIRGINIA, RELATING
TO OFFICER ALQD EMPLOYEES
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA:
That Divisions 4 and 5 of Article III of Chapter 2 of the Code
of the City of Virginia Beach is amended and reordained as follows:
Sec. 2=43.1. Grievance Policv.
the question of grievability shall be made by the grievance panel
to the Personnel Board, which has full and final authority to de-
termine grievability.) The panel shall be comprised of the Chairperson
of the Personnel Board or an alternate member, the City Attorney or a
designated alternate attorney, and the Director of Personnel
or a designated personnel staff member.
Issues of grievability may be raised prior to the submission of a
formal grievance.
The five (5) consecutive working day period referred to through-
out this policy shall be defined as the equivalent of 40 consecutive
working hours for all employees.
Grievances pertaining to dismissal, demotion, and suspension for
more than five (5) consecutive working days shall be defined as Type A
grievances throughout this policy. All other grievances shall be de-
fined as Type B.
C. ELIGIBILITY: All full time permanent and part time permanent
merit employees (as defined in Section 2-43.4) shall be eligible to
utilize all phases of this policy.
Part time temporary, part time probational, full time temporary,
and full time probational merit employees shall be eligible to utilize
this policy only up to and including Step 4 (City Manager) involving
Type B grievances. (For the purpose of this policy, a proba-lional
employee shall be defined as an employee who has yet to comdlete the
initial six (6) months of employment with the City of Virginia Beach
with the exception of Police and Fire in which designated employees
serve a one (1) year initial probationary period which follows any
original employment or re-employment.) At no time shall any part time
temporary, part time probational, full time temporary, or full time
probational employee be allowed to appeal a Type A grievance.
2-43.2. Same; Procedure.
A. Type A grievances - pertaining to dismissal, demotion, or sus-
pension for more than five (5) consecutive working days.
1. Type A grievances may only be appealed directly to the Personnel
Board.
2. Written notification of the intent to appeal to the Personnel Board
must be received by the Secretary of the Personnel Board within five
(5) consecutive working days of the notification to the employee of
dismissal, demotion, or suspension for more than five (5) consecutive
working days. Upon notification of the grievant's intent to appeal,
the Secretary of the Personnel Board shall arrange the time and place
of the hearing and notify all affected parties of this within five (5)
consecutive working days.
The Personnel Board hearing shall be scheduled in order to allow
a maximum of twenty (20) consecutive calendar days between the time of
party notification by the Secretary of the Personnel Board and the
Board hearing. Should the Secretary of the Board determine an employee
is continually noncooperative or is not appropriately following the
procedures prior to the convening of the Personnel Board as set forth
in the Personnel Board Hearing Procedures, he/she shall have full
authority to cancel the hearing and the employee shall forfeit all
rights to such a hearing.
3. The Personnel Board's decision regarding Type A grievances shall
be advisory to the City Manager. The City Manager has five (5) con-
secutive working days from the receipt of the recording or tran-
script of the Personnel Board hearing in which to render a decision to
the grievant.
B. Type B grievances - other than those pertaining to dismissal,
demotion, suspension for more than five (5) consecutive working days.
1. Step 1. The aggrieved employee (grievant), shall discuss the
grievance with the immediate supervisor within five (5) consecutive
working days of its occurrence or knowledge of its occurrence. The
immediate supervisor must verbally reply to the grievant within five
(5) consecutive working days of the date of this discussion.
2. Step 2. If the grievance is not settled verbally in Step 1,
the grievant may within five (5) consecutive working da of the
immediate supervisor's verbal reply, submit the grievance in writing
to the same supervisor on a "Grievance Statement and Remedy Form"
available from the Department of Personnel, or any city owned infor-
mation bulletin board. The immediate supervisor must reply in writing
to the grievant on the "Grievance Reply and Remedy Form" within five
(5) consecutive working days of receipt of the written grievance.
3. Step 3. If the qrievance is not settled in Steo 2, the
grievant may appeal the immediate supervisor's decision by forwarding
the "Grievance Statement and Remedy Form" to the department head within
five (5) consecutive working days of the immediate supervisor's re-
sponse. The department head must meet and discuss the grievance with
the employee and the immediate supervisor, and must reply in writing to
the grievant on the "Grievance Reply and Remedy Form" within five (5)
consecutive working days of the receipt of the written grievance. if
the immediate supervisor is the department head, steps 2 and 3 are
consolidated into a single step.
4. Step 4. If the grievance is not settled in Step 3, the
grievant may appeal the decision by forwarding the "Grievance Statement
and Remedy Form" to the City Manager within five (5) consecutive
working days of the department head's response. The City Manaqer may
meet and discuss the grievance with the employee, the department head,
and the immediate supervisor and must respond in writing to the grievant
on the "Grievance Reply and Remedy Form" within ten (10) consecutive
working days of the receipt of the written grievance. If the immediate
supervisor is the City Manager, Steps 2, 3, and 4 are consolidated into
a single step.
5. Step 5. If the grievance is not settled in Step 4, the
grievant may appeal the decision to the Personnel Board. The decisions
of the Personnel Board shall be final and binding, except in cases
where decisions involve expenditures of municipal funds not provided
for in the existing budget, in which case the decisions shall be re-
viewed by the City Council. The "Grievance Statement and Remedy Form",
and the "Grievance Reply and Remedy Form" must be sent to the Director
of Personnel within five (5) consecutive working days of the City
7. determine the methods, and means, and personnel by which
operations are to be carried out.
G. Employees who are not able to read or write should be encouraged
to seek personal assistance when utilizing this procedure.
Sec. 2-43.3. Exempt service.
The service of the city is divided into exempt service and merit
service. The exempt service shall consist of:
a) Members of the city council and all other elected officials
or persons appointed to fill vacancies in elective offices.
b) The city manager, assistant city manager, assistants to the
city manager and all heads of departments or offices who are
appointed by the city manager.
C) Constitutional officers and their employees.
d) All appointees of the city council.
e) Employees of the health department.
f) Employees of the school board.
g) Judges and associate judges of the circuit courts, general
district courts, and juvenile and domestic relations courts,
and employees of these courts.
h) Employees of social services.
i) Employees of the Agriculture department compensated by the
commonwealth.
j) The general registrar.
k) Employees of juvenile probation.
1) Members of boards and commissions.
M) Any individual whose relationship with the city arises from
or under any express contractual agreement to which such
individual is a party or whose position is created by such
contract.
Sec. 2-43.4. Merit Service.
The merit service shall comprise all positions not specifically
recited by section 2-43.3. The merit service shall consist of all
those employees whose employment with the city is governed by the
policies, procedures, rules and regulations of the city merit system
as established by the city manager and executed by the director of
personnel through the central personnel office. The system of
personnel administration for the city is based on merit principles
such as equitable compensation policies, open competition for
employinent and advancement and equal employment opportunities. Merit
service employees shall be employed, promoted, demoted, transferred,
disciplined, rewarded and dismissed solely on the basis of merit and
fitness and without regard to age, race, color, sex, religion,
national origin or because of a physical handicap which will not
interfere with the adequate performance of duties.
Section 2-43.5. Classification plan.
Changes in the classification plan heretofore adopted may here-
after be recommended from time to time by the director of personnel
and shall take effect when approved by the cit:@;, manager. When tlie
spe(!ifications of any job are changed or new positions are created,
the personnel director shall recommend to the city manager the neces-
sary changes in the classification plan. The class title set forth
in the classification plan shall be used to designate such positions
in all official records, documents, vouchers and co@-nrnunications, and
no person shall be appointed to or employed in a position in the merit
service under any class title which has not been recommended by the
director of personnel and approved by the city manager as appropriate
to the duties to be performed.
Section 2-43.6. Personnel board - Appointment, qualifications, term
of office and compensation of members; vacations; chairperson; quorum.
There shall be a personnel board consisting of five qualified
voters appointed by the council for a term of three years. Of those
first appointed, one shall be appointed to serve -or one year, two
for two years and two for three years. Thereafter, members shall be
appointed for the full term of three years. Members shall serve until
a successor has been appointed. Vacancies shall be filled by the
council by appointment for the unexpired portion of the term. One
member of the board shall always be a member of the merit service
as defined in section 2-43.4 and shall be employed at a level below
that of a bureau head. The board shall choose one of its members
to be the chairperson and one member to be the vice-chairperson for
a term of one year. The personnel board shall abide by the personnel
board hearings procedure. The director of personnel or a designated
alternate staff member shall serve as secretary to the personnel
board and shall attend all meetings with no voting privileges. A
majority of the board shall constitute a quorum. Members of the
board shall receive such compensation as may be authorized by the
governing body.
Sec. 2-43.7. Same; Jurisdiction.
The jurisdiction and authority of the Personnel Board shall be
limited to judging the employing authorities action in the adminis-
tration of the City's ordinances, management rights, policies,
procedures, rules and regulations. The Personnel Board shall have no
authority to add to, delete from, or amend City ordinances, management
rights, policies, procedures, rules and regulations. However, they
may make recommendations regarding these issues to the city manager.
The board's rulings and findings shall not be inconsistent with
the Constitution and laws of the United States or of this state or
local laws.
Sec. 2-43.8. Personnel Board Hearings Procedure. Reserved.
DIVISION 5. RETIREMENT.
Sec. 2-43.9. Mandatory retirement age.
No police officer or firefighter shall be employed by the city
after the end of the month in which he/she attains age sixty-five.
No other employee of the city shall be employed full time after the
end of the month in which he/she attains age seventy.
Adopted by the Council of the City of Virginia Beach, Virginia, on
the 7th day of Plarch 197 7
3/3/7 7
AB
ITEM #10532
COUNCILMAN CROMWELL LEFT CHAMBERS
On motion by Councilman Ferrell, seconded by Councilman Griffin, and
by recorded vote as follows:
Ayes: Councilmen John A. Baum, George R. Ferrell, John R. Griffin,
J. Henry McCoy, Jr., Councilwoman Meyera E. Oberndorf, Roger L. Riggs,
Vice Maybr Patrick L. Standing.
Nays: Councilman Floyd E. Waterfield, Jr.
Absent: Councilmen Robert B. Cromwell, Jr., Mayor Clarence A.
Holland, and J. Curtis Payne
City Council voted to approve on first reading the following ordinance
to accept $155,209 from the Southeastern Tidewater Area Manpower Au-
thority and to appropriate these funds:
Federal Total
Share Appropriations
Title I Employment $ 74,430 $ 74,430
Title II Employment 34,173 34,173
Title III Employpent 46 606 46,606
Total $155.209 2nc)
AN O,ZDI,\IANCI,, 'J'O ACCYP'J $I'i5,201, Fl',O'l I'IIE
SOUI'Iil,'AS'EEI','\' TIDEI.,IATf:ll, AU-
T)IOIIIITY ANI) TO APPROIIIIIA'j'l@: 'I:IIESF l,'LINI)S
BE IT ORDAI,%TLI) BY TIIE (;O'di\CIL OF TIIE CTT'@' 01,' VIICINIA BrAcil,
VIRGINIA:
That the aivards froni Llic Soutlicast:ern Area @lailpol.7cr
Authority bc aocepted and @@ppropriz,,ted for tlic followiiig purposes stip-
ulated in tlie Compreliensive Einployniont and Traiiiiiig Act of 1973:
Pedcral Totrtl
Sli,tr(, @@r @ r@i n @L. n
Title I Eniploymcnt $ 74,430 $ 74,430
Ti.tle II Einployment 34,173 34,173
Title VI Eitiploymont 46 6p 606
46,
Total. kl5-, ?-Q9 @-5q,2-9-9
Th,,it the appropriation2 will be filialiced 100% by federal funds,
with no local inatch requii:ed.
First Reading: March 7, 1977
Second Pcaditig:
ITEM #10533
COUNCILbIAN CROMWELL RETURNED TO CHAMBERS
On motion by Councilman Cromwell, seconded by Councilman McCoy, and
by recorded vote as follows:
Ayes: Councilmen John A. Baum, Robert B. Cromwell ' Jr., George R.
Ferrell, John R. Griffin, J. Henry McCoy, Jr., Councilwoman Meyera
E. Oberndorf, Roger L. Riggs, Vice Mayor Patrick L. Stan(ling, and
Floyd E. Waterfield, Jr.
Nays: None
Absent: Mayor Clarence A. Holland, and Councilman J. Curtis Payne
City Council approved standard water and sewer agreements for
Thoroughgood Colony, in the Bayside Borough.
ITEM #10534
On motion by Councilman Griffin, seconded by Councilman McCoy, and
by recorded vote as follows:
Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., George R.
Ferrell, John R. Griffin, J. Henry McCoy, Jr., Councilwoman Meyera
E. Oberndorf, Roger L. Riggs, Vice Mayor Patrick L. Standing, and
Floyd E. Waterfield, Jr.
Nays: None
Absent: Mayor Clarence A. Holland, and Councilman J. Curtis Payne
City Council approved the following tax refunds in the amount of
$475.44:
Ali Ditc@ 2@-@@1-77
UPO,i Al'@'l,@iCATIC)'@' O!'
ANI) UY'O'@, C:L,it'riFICATIO;@ 01,' Tili,'
FOlt I'AYLIF,:@T
BF, IT O,'IDAI',,I'D BY Tll'@, COUT@CIL OF 'I'IIE CII'Y O' VIPGIZIIA VlrGlt,'IA:
That the folloiqin.- appli.cations for tiix refu,ids ul)on certification of tile
Treasurer are hereby approved:
Tgt,, 1 i,, 7 5 .1,4
TAX DATE
IZ@IF YEAP 01@ TIIIX NLTI-IT@@,-.?, TION NO. PAID PI-NAT,TY TNT. TOTAI,
M,tS -late 1977 cD -)4031@ 1-18 -77 7.50
uoson Leasing, Inc 1,977 'D 14596 1-17-77 15.00
von M. Sanders 1977 CD 97723 ].-20-77 7.50
ric COLIPI@-lild 1977 CD 5195 2-4-77 7.50
dal-I C. Line 1977 CD 45182 1 -4-77 15@00
y Oleynik 1977 CD 97622 l-zl4-77 '15.00
.P. Tohns(@n, Jr. 1977 CD 21885 1--76 7.50
d T. rlti,@Tieau, Sr, 1977 C!) 23')60 il@-6-77 15.00
o.ond l@. 1977 CD 39803 1-27-77 7.50
ill M. Ilenry 1977 CD 93361 1- 18 -77. 7.50
J t@ssociates 1976 T@ 4950P) 12-21-76
36.54
R. A. 1976 pp -)51010 6-1.0-76 39,48
I.Cy, George E. 1976 PI) 49470 6-7-76 243.00
in s, June c.& P. E@ 1976 PP 43661 6-10-76 51.42
The above abatement(s) totaling
75.44 were approved by
tlie Cotlicil- of the City of vir-iiiia
Beach on the 7th day of @l.r'ch
7
ITEM #10535
On motion by Councilman Ferrell, seconded by Councilman Griffin, and
by recorded vote as follows:
Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., George R.
Ferrell, John R. Griffin, J. Henry McCoy, Jr., Councilwoman Meyera
E. Oberndorf, Roger L. Riggs, Vice Mayor Patrick L. Standing, and
Floyd E. Waterfield, Jr.
Nays: None
Absent: Mayor Clarence A. Holland, and Councilman J. Curtis Payne
City Council approved the renewal of the Bingo application for
the Virginia Beach Civic Ballet.
ITEM #10536
On motion by Councilman Waterfield, seconded by Councilman Ferrell,
and by recorded vote as follows:
Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., George R.
Ferrell, John R. Griffin, J. Henry McCoy, Jr., Councilwoman Meyera
E. Oberndorf, Roger L. Riggs, Vice Mayor Patrick L. Standing, and
Floyd E. Waterfield, Jr.
Nays: None
Absent: Mayor Clarence A. Holland, and Councilman J. Curtis Payne
City Council approved the appointment of Mrs. Ruby B. Christian
to the Personnel Board for a term of two years, beginning March 1,
1977 and terminating February 28, 1979.
ITEI,l #10537
On motion by Councilman Baum, seconded by Councilman Waterfield,
and by recorded vote as follows:
Ayes: Councilmen John A. Baum, Robert B. Cromwell, Jr., George R.
Ferrell, John R. Griffin, J. Henry McCoy, Jr., Councilwoman lleyera
E. Oberndorf, Roger L. Riggs, Vice Mayor Patrick L. Standing, and
Floyd E. Waterfield, Jr.
Nays: None
Absent: Mayor Clarence A. Holland, and Councilman J. Curtis Payne
City Council voted to reappoint Mr. Claiborne Bryant to the
Personnel Board for a term of three years, beginning March 1,
1977 and terminating February 28, 1980.
ITEM #10538
Ms. Nancy Wilson, from the Virginia National Bank, appeared before
Council at the request of Councilman Riggs to expla,in to Council
the programs initiated by VNB.
MS. Wilson stated that VNB initiated last year an employee suggestion
plan in an effort not to increase income for the bank but to reduce
the banks' expenses. The employees had two months in which to submit
suggestions on cost savings ideas. The suggestions were evaluated as
far as net savings to the bank. If the suggestion was implemented the
employee was awarded either cash or vacation time,
The program was statewide and out of 3700 employees 304 offered
suggestions. At the end of the two month period the bank had
saved approximately $102,000. $20,000 was given in cash prizes,
and vacation time amount to $3,400.
Ms. Wilson did state, however, that the bulk of the money saved was
from job elimination.
Councilman Riggs stated that the remarks made were in no way meant
to be derogatory to the City Manager or his administration, and, in
his opinion, 9010@ of the employees are good, hard-working, honest,
conscientious people, but Councilman Riggs also stated that he would
not be surprised if 10@/'@ of the employees were being a waste of the
taxpayers money.
After considerable discussion, Councilman Riggs made a motion, seconded
by Councilwoman Oberndorf, to request the City Manager to furnish the
Council with information regarding the establishment of an incentive
program. The recorded vote is as follows:
Ayes: Councilmen Robert B. Cromwell, Jr., George R. Ferrell, Jolin R.
Griffin, J. Henry McCoy, Jr., Councilwoman @leyera E. Oberndorf, J.
Henry McCoy, Jr., Roger L. Riggs, Vice Mayor Patrick L. Standing, and
Floyd E. Waterfield, Jr.
Nays: Councilman John A. Baum
Absent: Mayor Clarence A. Holland, and Councilman J. Curtis Payne
City Council approved the above motion to request the City llanager to
furnish Council with information regarding the establishment of an
incentive program.
ITEM #10539
Councilman McCoy stated that James Echols, Tidewater Transportation
Commission, will appear before Council on Monday, March 14, 1977, to
present a film.
ITEM #10540
Councilman ilIcCoy requested information from the City Manager regarding
the completion of the CIP.
The City Manager informed Council it will be brou-'@at before Council
some time in the near future. The staff has been working on the CIP,
however, finalization of it was held up until questions on the bonds
and water and sewer rates were answered.
ITE@4 #10541
Councilman Griffin requested the Alanagement Study report be placed
on the Executive Session agenda for Monday, Alarch 21, 1977.
ITEM #10342
Councilwoman Oberndorf requested tlae City @,lanager to supply Council
with the manhours involved in City employees working on the Neptune
Festival, in addition to the monies appropriated in the budget; and
further requested the manliours involved in preparing this report be
added also.
ITEM #10543
On motion by Councilman Ferrell, seconded by Councilman Cromwell, and
by acclamation, the meeting adjourned.
Ri'cfiard-J. Ir on, City Clerk
City of Virginia Beach,
Virginia
March 7, 1977
VERBATIM AT THE REQUEST OF COUNCILWOMAN OBERNDORF:
Councilman Cromwell - "Mr. Mayor, along that same line, I've got a
cracker jack idea-fliat will not only increase efficiency, it would
save money. I won't charge a nickle for it. I've often felt that
a "Seven-Man Council" would be a great deal more efficient than an
"Eleven-Man Council", and all for a net savings to the taxpayer,
including your travel expenses, of $21,120 each year."
Vice Mayor Standing - "Make it five (5) and I'll agree with you."
Councilman Baum - "Well, there's a much greater savings in efficiency
which will make it very difficult to -"
Councilman Cromwell - "I said it was a great savings in efficiency
and actual dollars."
Councilman Baum - "Eleven people making a decision is one of the most
painful things I've ever -"
Councilman Cromwell - "I've found that to be true."
Vice Mayor Standing - "Meyera's the only one who knows how painful
it is. "
Councilman Baum - "Well, she's just starting to find out."
Vice Mayor StandinE - "She's the only one I know that's given birth."