HomeMy WebLinkAboutMAY 24, 1971
MINUTES OF THE HONOPABLE CITY COUNCIL
OF TfiE
CITY OF VIRGINIA BEACH, VIRGINIA
May 24, 1971
The regular meeting of the Council of th6 Citv of Virginia Beach, Virginia
was held in the Council Chambers in the Administration Building, in the
Borough of Princess Anne, on Monday, May 24, 1971, at 2:00 p.m.
T) invocation was given by Reverend Gary B. Thompson, Carrow Baptist Church,
V 7inia Beach, Virginia.
Councilmen present: Robert H. Callis, Jr., Robert B. Cromwell, Jr. Frank A.
Dusch, F. Reid Ervin, George R. Ferrell, Clarence A. Holland, D. @lurray
Malbon, Vice- Mayor Earl M. Tebault, Floyd E. Waterfield, Jr., and Mayor Donald
H. Rhodes.
Councilmen absent: J. Curtis Payne.
ITEM #3292
On motion by Councilman Dusch, seconded by Councilman Ferrell, and by recorded
vote as follows:
Ayes: Councilmen Robert H. Callis, Jr., Robert B. Cromwell, Jr., Frank A.
Dusch, F. Reid Ervin, George R. Ferrell, Clarence A. Holland, D. Murray
Malbon, Vice Mayor Earl M. Tebault, Floyd E. Waterfield, Jr., and @layor Donald
H. Rhodes.
Nays: None
Absent: Councilman J. Curtis Payne.
C y Council approved the Minutes of the Regular Meeting of May 17, 1971, and
t reading of said Minutes dispensed with inasmuch as each Councilman had a
copy of the subject Minutes bef6re him.
ITEM #3293
On motion by Councilman Dusch, seconded by Vice Mayor Tebault, and by recorded
vote as follows:
Ayes: Councilmen Robert fl. Callis, Jr., Robert B. Cromwell, Jr., Frank A.
Dusch, F. Reid Ervin, George R. Ferrell, Clarence A. Holland, D. Murray
Malbon, Vice Mayor Earl M. Tebault, Floyd E. Waterfield, Jr., and Mayor Donald
H. Rhodes.
Nays: None
Absent: Councilman J. Curt.is Payne.
City Council approved on second reading an appropriation of five thousand, five
hundred dollars ($S,500) for sand replenishnient from Unappropriated Surplus
Funds for this purpose.
ITEM #3294
,.i motion by Councilman Ervin, seconded by (louncilman Malbon, and by recorded
vote as follows:
Ayes: Councilmen Robert Ii. Callis, Jr., Rol)ert B. Cromwell, Jr., Frank A.
Duscli, F. Reid Ervin, George IZ. Forrell; Clztreiice A. flolland, D. Murray
Malbon, Vice Mayor Earl @l. Tebault, Floyd I:. Waterfield, Jr., and Mayor Doiiald
H. Rhodes.
Nays: None
Absent: Councilman J. Curtis PayTie.
Citv Council approved on second reading the awarding of Coiitract No. I to the
Surburban E ui meiit Rent@ils Inc. in tlic aiiiotiiit of oiie liundred ei It -Oi lit
ITEM #3295
On motion by Councilman Malbon, seconded by Councilman Ervin, and by recorded
vote as follows:
Ayes: Councilmen Robert H. Callis, Jr., Robert B. Cromwell, Jr., Frank A.
Dusch, F. Reid Ervin, George R. Ferrell, Clarence A. Holland, D. Murray
Malbon, Vice Mayor Earl M. Tebault, Floyd E. Waterfield, Jr., and Mayor Donald
H. Rhodes.
Nays: None
bsent: Co@ilman J. Curtis Payne.
-ity Council approved on second reading the awarding of Contract No. II to the
Hunt Contracting Company in the amount of fifty-one thousand, one hundred and.
ninety-nine dollars ($51,199.00) lump sum bid for the construction of a pump-
ing station in Linlier.
ITEM #3296
On motion by Councilman Ferrell, seconded by Councilman Waterfield, and by
recorded vote as follows:
Ayes: Councilmen Robert H. Callis, Jr., Robert B. Cromwell, Jr., Frank A.
Dusch, F. Reid Ervin, George R. Ferrell, Clarence A. Holland, D. Murray
Malbon, Vice Mayor Earl M. Tebault, Floyd E. Waterfield, Jr., and Mayor
Donald H. Rhodes.
Nays: None
Absent: Councilman J. Curtis Payne.
City Council approved a transfer of four thousand dollars ($4,000) from
Unappropriated Surplus for the purchase of a Mobile Forensic Crime Laboratory
@nd authorized a reduction of $4,000. in the 1971-72 budget of the Police
lepartment, as this item bad been budgeted for the 1971-72 fiscal year.
ITEM #3297
On motion by Councilman Waterfield, seconded by Councilman Malbon, and by
recorded vote as follows:
Ayes: Councilmen Robert H. Callis, Jr., Rol)ert B. Cromwell, Jr., Frank A.
Dusch, F. Reid Ervin, George R. Ferrell, Clarence A. Holland, D. Murray
Malbon, Vice Mayor Earl M. Tebault, Floyd E. Waterfield, Jr., and Nlayor
Donald H. Rhodes.
Nays: None
AbsQnt: Councilman J. Curtis Payne.
City Council approved a transfer of ten thousand, five hundred dollars (10,500.)
from Unappropriated Surplus to the Departmeiit of Parks and Recreation for the
purchase of a new boardwalk train, which requires a 5ixty-day delivery. The
1971-72 budget of the Department of Parks aiid Recreation is to be red.uced by
$10,500. as this item had been budgeted for the 1971-72 fiscal year.
ITEM #3298
Application of Robert t@lilson and Associates for a chanqe of zoninq from Limit-
ed Cominercial District I (C-L 1) to flultiplcl Faniily-CesTde-n-C-6-0-@,-rict (R-M)
and a Use Perinit to constrlict 360 gardc.@n apartiiie@,its on certain property located
North @f tTie-Vfr-ginia Beacti-Noi,folk Exprc,.ss,,@ay beginning at a point 500 feet
West of First Colonial Road, running a dist@tnce of 654 feet along the Eas@L@rn
proper'(,Y line, rlinning a distance of 1337 f(et along the Southeril property
line (@lortliern boui,,dary of tlle Virginia Express,.-iay), running a
distance of 724 feet along the Vlestern p@-o,n@,rty line, runiiing a distance of
1432 feet niore oi@ less aloiig tlie @lortlier@i p@operty line. (Laskin Village
Area). LYil[IIIAVE@l BO@OUGII.
The Planning Coni,iiissic)ii reco@,i,,ic@nds app.roval of tliis al).@lication subject to
I
Mr. Thomas Broyles, Attorney, appeared on behalf of the applicant requesting
that the above application be deferred until July 26, 1971.
Mrs. Kitty Hudgins appeared before Council regarding the overall school
situation in Virginia Beach.
On motion by Co@ncilman Ervin, seconded' by Councilman Nialbon, and by recorded
vote as follows:
'es: Councilmen Robert H. Callis, Jr., Robert B. Cromwell, Jr., Frank A.
.sch, F. Reid Ervin, George R. Ferrell, Clarence A. Holland, D. Murray
.lbon, Vice Mayor Earl M. Tebault, Floyd E. Waterfield, Jr., and Mayor
Donald H. Rhodes.
Nays: None
Absent: Councilman J. Curtis Payne.
City Council deferred the above application of Robert Wilson and Associates for
a change of zo@n and a use permit until July 26, 1971.
ITEM #3299
Ap@lication of Charles J. Hayes for a chanqe of nin from Residence Suburban District
3 R-S 3) to Multiple Family Residence isiriet R@ nd a Use Permit to construct
102 townhouses and 116 apartment units totaling 218 units on c-ertain property beginning
at a point on the 14est side of First Colonial Road 1040 feet more or less North of
Laskin Road running a distance of 806 feet along the Easterfl property line of vihich
420 feet is the lilest side of First Colonial Road, running a distance of 777 feet alo,-ig
the Northern property line, rlinning a distance of 760 feet along the Western property
line and running a distance of 976 feet along the Southern property line. Said pro-
.perty contains 13.5 acres. (Laurel t@anor-Hilltop Area). LY@INHAVEN BOROUGH.
The Planning Coinmission recommends approval of this application subject to City viater
and sevier atid a dedication of right of viay 45 feet frorii the center line of First
Colonial Road (15-foot dedication). The developer further agreed to a 60-foot dedica-
tion of Mab@.1 Lane as reqliested by tiie Departr,,i-.nt of Comniunity Services. The developet,
further agrecd to allocate 15" of the development for recreational area as requested
by the Planning Departm--nt and the motion v.,as subject to tlie pa@ticipation in the
purchase of a scliool site as requested by the School Board.
Mr. Charles J. Hayes appeared on behalf of his owti application requesting that
the above application be deferred until Jul@, 26, 1971.
On motion by Councilman Ervin, seconded by (@ouncilman Malbon, and by recorded
vote as follows:
Ayes: Councilmen Robert H. Callis, Jr., Rol)ert B. Cromwell, Jr., Frank A.
Dusch, F. Reid Ervin, George P,. Ferrell, Clztrence A. Holland, D. Murray
Malbon, Vice Mayor Earl M. Tebault, Floyd l@'. Waterfield, Jr., and Mayor
Donald H. Rhodes.
Nays: None
Absent: Councilmen J. Curtis Payne.
ity Council deferred the above application of Charles J. Hayes for a change
f zoning and a use permit until July 26, 11)71.
ITEM #3300
On motion by Councilman Malbon, seconded by Vice Mayor Tebault, and by recorded
vote as follows:
Ayes: Councilffen Robert H. Callis, Jr', Robert B. Cromwell, Jr., Frank A.
Dusch, F. Reid Ervin, George R. Ferrell, Clarence A. Holland, D. Murray
Malbon, Vice Mayor Earl NI. Tebault, Floyd E. Waterfield, Jr., and Mayor
Donald H. Rhodes.
ays: None
Absent: Councilman J. Curtis Payne.
City Council amended Item No. 1752, City Council Minutes of November 23, 1970,
applicatio'n of J.D.C. and C. K. Rockefeller for a use permit to construct 204
townhouses and 96 apartments, totaling 300 units, y rescin ing 100 of the
total units granted (leaving a total of 200 units). Approval of the application
remains subject to the stipulations previously imposed, those being an agree-
ment between the School Board and the developers and City water and sewer as
requested by the Health Department.
ITEM #3301
Application of Bush Construction Company for a Use Permit to construct 192 con-
dominium apartments on certain property beginni g@at a point 1100 feet more or less
North of Holland Road and 608 feet West of South Lynnhaven, running a distance of
490 feet along the Southern property line, rlinning a distance of 1020 feet along
the Western property line, running a distance of 850 feet along the North2rn pro-
perty line and running a distance ol' 965 fect along the Eastern property line.
Said property contains 14.2 acres. PRINCESS AlIT17@- BOROUGH.
The Planning Commission reconpends approval of this reqliest subject to participa-
tion in the school site acquisition formula requested by tlie School Board and
City water and sewer required by tlie Health D@I)artnient.
On motion by Councilman Malbon, seconded by Councilman Ferrell, and by recorded
vote as follows:
Ayes: Councilmen Robert H. Callis, Jr., Robert B. Cromwell, Jr., Frank A.
Dus@h, F. Reid Ervin, George R. Ferrell, Clarence A. Holland, D. !'4urray
Malbon, Vice Mayor Earl M. Tebault, Floyd E. Waterfield, Jr., and Mayor
Donald H. Rhodes.
Nays: None
Absent: Councilman J. Curtis Payne.
City Council approved the abov.e application of Bush Construction Company for
a use permit to construct 100 condominium al)artments (a reduction of 92 from
the originally requested), subject to participation in the school site
acquisition formula Tequested by the School Board and City water and sewer
required by the Health Department.
ITEM #3302
Application of Cavalier Hotel Corporation by Thomas C. Broyles, Attorney, for a
Use Permit to tonstruct a 300-uni@, motel and restaurant on certain proderty located
n@tF@ o@utheast corner of Cavalier Drive and ,tlantic Avenue, running a distance of
418 feet along the South side of Cavalier brivt-,, running a distance of 3t-O f--et along
ttie Eastern property line, rtinning a dista@ice of 3"IC) fect nor(, or less alonn @'he
Soutliern property line and runninq a distance of 335 feet riore or less alonq the East
side of Atlantic Avenue. VIRGI,@IA B[t@Cil @ril.
The Planning Commission rccomi)ends ar)t)rovil of this r('.quest sut)ject to City @.ater
and sewer required t)y th(, flealth D(@part,lL-it a-id subjc-ct to the follo,@ii,,in corditions:
1.) No part of the construction shall extend be-yond (that is east of)
the existing bulkhead in front of the Cavalier Beach Club property.
2.) fhe single story or coamrci@l portion of the construction shall
be set back from Cavalier Drive not less ihan fifty (50) eet.
3.) The tower or multiple story portion of the construction shall be
set back from Cavalier Drive not less than one hundre irty 30) feet, and
.shall not exceed eleven (11) stories in height.
4.) That for the duration of construction a permanent or temporary fence
be erected along the south side of Cavalier Drive. Said fence to be a minimum
of five to six (5-6) feet high and completely opaque. to be worked out
with the Planning Department)
5.) There shall be no ingress to the hotel site or egress from. the hotel
site at any point along Cavalier Drive between Atlantic Avenue and the exist-
ing bulkhead.
6.) The parking ratio shall be 125' of the number of hotel units to be
provided on hotel property east of Pacific Avenue. Consideration be given to
the future development and if it is indicated that the parking could be provided
In another area. this would be acceptable.
7.) That balcony railings be fitted with solid panels for visual
privacy.
8.) That no exterior liahts be allowed on the portion of the property
north of the hotel or the hotel itself above a height of tielve (12) feet,
and that any lights in the parking area be positioned or focused so as not
to shine into the residential area north of Cavalier Drive.
9.) The area between the proposed buildinqs and Cavalier Drive shall not
be used for entertainment purposes or for the serving of food or for the serv-
ing of beverages-, except that this condition riay be modified by the City Council
after public notice and hearing and a shoijinq that adequate measures have been
taken to protect t.@e nearby residential area from adverse effects of any activity.
10.) That a visual barier screen, consisting of evergreens and fast qroding
deciduous vegetation shall be constructed and maintained along the south side of
Cavalier Drive from Atlantic Avenue to tiie bulkhead line. Detailed plans of this
screen showing proposed sp(-cics, size, and spacing of t)lants stiall bae submitted
to the City Planning Departrent for review at to functional adequacy. Subsequently
the screen shall be maintained in a condition equal to or better than that which is
Indicated in the approved plan.
11.) That tlie structure knot4n as the Cavalier Beach Club shall be de-
molistied prior to actual u@ or occupancy of the new structures.
12.) In addition to tlie visual barrier screcn required by condition number
10 a sound barrier, consisting of a niasonry @iall not less than five (5) feet in
height, shall be constructed and maintained along Cavalier Drive from Atlantic
Avenue to a point seventy-five (75) fect east of the service entrance.
@l r . T i i o m a s C . Ii r c, y i o@ A t t I 11 a 1) 1) (@ i i , l o i i b e 1) z i I i 0 f L I I p p I i c
T Ii e f o I I o w i n g a p p e q r c d i n 1, 1) o s i t i o n t e a b o v e l p p I i c a t i o n
Mr. Arthur J. Wiiider
Mr. R. C. Bradbtirv
Mr. Duck Braitliwlite
Mr. Mike Eckard
On motion by Vice Mayor Tebault, seconded bv Mayor Rhodes, and by
recorded vote as follows:
Ayes: Councilmen Robert B. Cromwel.1, Jr., F. Reid Ervin, George R.
Ferrell, Clarence A. Polland, D. Murray M,Ibon, Vice Mayor Earl M.
Tebault, Floyd E. Waterfield, Jr., and @layor Donald H. Rhc)des.
N a y s : C o u n c i I m e n R o b e r t H . C a I I i s , J r . , t n d F r a n k A . D u s c h
Absent. Councilman J. Curtis Payne
City Council approved the above app] ic;it L@,n of Cavalier Ilotel Corporation
for a use permit to construct a 300-tinit notel and restaurant, subject to
the following conditions:
1. No part of the construction sliall extend beyond tbe
existing bulkhead in froiit of tlic Cavalier Beacb Club
property.
2. The single story or commercial portion of the construction
shall be set back from Cavalier Di-ivo iio less thaii fifty (50)
f eet.
3. The tower or multiple story p@,rt Lon of the construction shall
be set back from Cavalier Drive no 11.@ss tlian one bundred thirty
(130) feet, and sliall, not exceed ,Ieven (11) stories in lieight.
4. That during tlie construction ,f the motel, the builder will
erect a temporary six (6) foot feiic aloiig Cavalier Drive.
5. There will be no ingress from Cavalier Drive and no egress
to Cavalier Dri.ve for service tru(@ks frolii thL hotel site.
6. Tliat a minimum of one hundred T)crcc@nt (100%) off street
parking shall be provided for ttic-
7. That no exterior liglits be allow,@d on the portion of the
property north of the hotel or tli,@ h(,tel itself above a height
of tw@lve (12) feet, atid that any li@lhts ill tile parking area be
positioned or focused so as iiot t,, sliiiie iiito the residential
area north of Cavalier Drive.
8. That a visual barrier screeii, c@D!isi,@ting of evergreens and
fast growing deci,,Iijoti@; vc,,etaLi,)Il sii,li 1)@, constructed and mliintai.ned
along the soulh side of Civaller i)ri,-,c, froii, Atl.,qntic Avenue to tle
bulkhead. In q (ic] i t i,@ ii to tlie vis @i " i,@-rr i,-r sirec@n a souild
barrier cons ist (,i nr@@ @l I I o s t ii L@ n i v c, ( 5) f 0, t 1 n
Ii c i Ii t s h a I I 1)
i ri C @i ii 1 i e i- 1) i- i
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SC' r V i C C TI t r
9 . C i y t
ITEM #3303
Applicatlon of M. J. Weller for a Chanae of Zoninq from One Family Residence
District (R-1) to General BLISiness-Distri@t (B-2) and a Use Permit to construct a
marina and associated enterprises on certain prooerty lo a@te on t e South side of
Winston Salem Avenue and the East and West sides of Baltic Avenue.
Parcel 1: On certain property located at the Southeast corner of Winston Salem
Avenue and Baltic Avenue, running a distance of 55 feet along the South side of
Winston Salem Avenue, running a distance of 120 feet more or less alonq the East
side of Baltic Avenue and runninq a distance of 63 feet more or less alona tlie South-
ern property line (riorthern shore of Lake Rudee) and running a distance o@ 90 feet
more or less along the Eastern property line. Said property is known as Lots 19 and
20, Bliock 18, Ilap of Shore Acres.
Parcel 2- On certain property located at the Southtiest corner of Winston Salem
Avenue and Baltic Avenue, running a distance of 92.5 fect along the South side of
Winston Salem Avenue, runninq a distance of 150 feet more or less along tfie West side
of Baltic Avenue, running a distance of 104 feet more or less along the Southern
property line (f@orthern shore of Lake Rudee) and running a distance of 150 feet
more or less along the Western property line. Said property is known as Lots 19, 18,
17 and part of Lot 16, Block 19, Map of Shore Acres. (Shadowlawn Heights Area).
VIRGINIA BEACH BOROUGH.
The Planning Cornission recomrmnds approval of this request subject to right of way
improvemnts in accordance iiith City standards on ifinston-Salem Avenue as approved
by the Engineering Division of the Departnient of Corrunity Services, City water and
sewer as required by the Health Departmnt and compliance*with the new State Marinl
Law.
Mr. M. J. Weller appea-red on behalf of his own application.
In motion by Councilman Malbon, seconded by Councilman Cromwell, and by
@corded vote as follows:
Ayes: Councilmen Robert H. Callis, Jr., Robert B. Cromwell, Jr., Frank A.
Dusch, F. Reid Ervin, George R. Ferrell, Clarence A. Holland, D. Murray
Malbon, Vice Mayor Earl M. Tebault, Floyd E. Waterfield, Jr., and Mayor
Donald H. Rhodes.
Nays: None
Absent: Councilman J. Curtis Payne.
City Council approved the above application of M. J. Weller for a change of
zoning and a use permit to construct a marina and associated enterprises,
subject to right of way improvements in accordance with City standards on
Winston-Salem Avenue as approved by the Engineering Division of the Depart-
ment of Community Service, City water and sewer as required by the Health
Department and compliance wityi the new Stat(@ Marina Law.
ITEM #3304
On motion by Councilman Ervin, seconded by (@ouncilman Holland, and by recorded
vote as follows:
Ayes: Councilmen Robe'rt H. Callis, Jr., Rol)ert B. Cromwell, Jr., Frank A.
isch, F. Reid Ervin, George ]Z. Ferrell, Clzlrence A. Holland, D. Murray
albon, Vice Mayor Earl M. Tebault, Floy(i E. Waterfield, Jr., and Mayor
.-.c)nald H. Rhodes..
Nays: None
Absent: Councilman J. Curtis Payne.
City Council approved the following Ordinanco to amend and reordain Sections
17-6, 17-7, 17-8, 17-12 aiid 17-14 of Article 1, Cliapter 17 of the City Code
pertaining to containers or receptacles i-or garb,,ige, etc.
J4.1
AN ORDINANCE TO AMEND AND REORDAIN SECTIONS 17-6,
17-7, 17-8, 17-12 AND 17-14, ARTICLE 1, CllkPTER 17
OF THE CODE OF THE CITY OF VIRGINIA BEACH, RELATING
TO CONTAINERS OR RECEPTACLES FOR GARBAGE; CONSTRUCTION
OF AND CONTAINERS FOR GARBAGE AND BURNABLE MATERIALS;
LEAVES, GRASS, TREE LINBS; PREVENTION OF ENTRANCE OF
FLIES; UNAUTHORIZED INTERFERENCE WITH RECEPTACLES OR
BUNDLES OR BAGS SET OUT FOR RL-MOVAL; STORAGE AND
PLACING OF GARBAGE; PERMITTING PLASTIC OR POLYETH-
YLENE BAGS AS CONTAINERS OR RECEPTACLES FOR GARBAGE;
PRESCRIBING THE STANDARD OF CONSTRUCTION OF SAID
BAGS; PROVIDING FOR THE USE OP PLASTIC OR POLYETH-
YLENE BAGS FOR THE KEEPING OF GARBAGE ON THE PREMISES,
ON CERTAIN CONDITIONS
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA:
Section 1. That Sections 17-6, 17-7, 17-8, 17-12 and 17-14, of
the Code of the City of Virginia Beach, Virginia, be and the same
are hereby amended to read as follows:
Section 17-6. Containers or receptacles for garbage, etc., generally;
when and where containers or receptacles placed for
collection.
The occupant of every building or structure, whether used for
residence or business or commercial purposes, within the city shall,
before the hour of 7:00 A.M. cause all garbage and refuse which is
to be removed from the premises by the city during that day to be
placed in such receptacles as may be prescxibed therefor by the
Division of Sa.nitation, Department of Cournunity Services.
All garbage, refuse and waste shall be placed in plastic or
polyethylene bags or in tight, durable containers or receptacles as
provided in this subdivision and the following subdivision(s). Such
bags, containers or receptacles shall be plac6d for the purpose of
collection on the curb line on such days as shall be designated by
the Department of Community Services or its designated representative.
Occupants of pyoperty used for conmercial purposes shall place such
receptacles on the curb line, or alley, providing the alley is of
such width as to accommodate collectton trucks.
No garbage, refuse or any receptacle therefor shall be placed
or allowed to remain on public property on any day when collection
is not sc@eduled for that sectio'n of the city on that day, or on any
day when collection for that day has already been made.
Section 17-7. Construction of and containers for garbage and
burnable materials; covers for receptacles;
mixing nonburnable material with garbage.
Garbage and burnable materials shall be deposited in metallic
receptacles of not more than twenty gallons' capacity each or in
plastic or polyethylene bags which meet the standards of the National
Sanitation Foundation. Each such metallic receptacle shall have a
tight fitting cover. The cover shall be kept on the receptacle at
all times except when the receptacle is being filled, emptied or
cleaned. Each plastic or polyethylene bag when-in use or placed for
the purpose of collection on the curb line, shall be intact and
tightly tied, except when being filled.
Section 17-8. Use of wooden boxes, etc., for garbage, leaves,
.grass, tree limbs, etc.
No wooden boxes, barrels, other wooden receptacles or other
unapproved receptacles shall be used for garbage or refuse except as
herein provided in this section. The garbage and refuse collectors
shall remove all such wooden boxes, barrels and wooden receptacles
or other unapproved receptacles, if so used.
Leaves, grass or shrubbery trim,-nings may be placed with burnable
materials in a tight metal container with cover or may be placed in
the following receptacles: bushel baskets, plastic or polyethylene
bags or in tight durable containers not to exc.eed twenty gallons'
.capacity. All tree limbs, hedge trimmings and branches shall be cut
in lengths not to exceed six feet and placed alongside of trash
or garbage receptacles. Such articles will be collected, however,
only in such reasonable amounts as will not impair the efficiency
of the routine collection of garbzge, refuse and daste.
Section 17-12. Generally.
No garbage shall be placed, deposited or allowed to remain on
any premises unless the same is placed or kept in a tight metal
receptacle with a tight-fitting cover and such cover shall be kept
,on such receptacle at all times, except when receptacle is being
filled or emptied. Plastic or polyethylene bags if used for on
premises storage of garbage or refuse shall be used as liners in
tight metal receptacles with a tight-fitting cover and such cover
shall be kept on such receptacle at all times, except when receptacle
is being filled or emptied. Such bags may be placed for refuse
collection by removing the bag from the approved metal receptacle
and tightly securing said bag and placing at the curb side at
collection day.
No other refuse which will draw flies or,in which flies may
breed or multiply shall be placed, deposited or allowed to remain
on any premises unless such refuse is placed or kept in a tight
metal receptacle with a tight-fitting cover, and such cover shall
be kept on such receptacle at all times except when the same is
being filled or emptied.
Section 17-14. Unauthorized interference, etc., with receptacles,
bundles or bags set out for removal; unauthorized
carrying away of rubbish, etc., from streets.
No person, other than employees of the city charged with such
duty, shall overhaul, molest or interfere with the contents of any
receptacle, bundle or b-ag set out for removal by the city, or carry
away manure, offal or rubbish from streets, unless authorized by the
Director of Community Services or his designated agent.
This Ordinance shall be in effec!t from and after thirty days
from the date of its adoption.
Adopted by the Council of the City of Virginia Beach, Virginia,
on the 24th day of @y 1971.
ITE@L #3305
On motion by Councilman Ferrell, setonded bv Councilman Holland, and by
recorded vote as follows:
Ayes: Councilmen Robert H. Callis, Jr., Robert B. Cromwell, Jr., Frank A.
Dusch, F. Reid Ervin, George R. Ferrell, Clarence A. Holland, D. Murray
Malbon, Vice Mayor'Earl M. Tebault, Floyd E. Waterfield, Jr., and Mayor
Donald H. Rhodes.
Nays: None
Absent: Councilman J. Curtis Payne.
ity Council approved the following Ordinance to prescribe and provide for
indition of receptacles; accumulation of garbage, etc.
AN ORDINANCE TO PRESCRIBE AND PROVIDE FOR
CONDITION OF RECEPTACLES; ACCUMULATION OF
GARBAGE, REFUSE AND SMALL DEAD ANIMALS;
PROHIBITING THE STORAGE AND KEEPING OF
GARBAGE OR REFUSE ON PREMISES ON WHICH RATS
MAY FEED UNLESS SAID GARBAGE IS KEPT IN
TIGHT CONTAINERS; PROHIBITING DUMPING OF
DEAD ANIMALS, OR ANY WASTE VEGETABLE OR
ANIMAL MATTER OF ANY KIND ON ANY PREMISES,
LAND OR WATERWAY; PROVIDING FOR ENFORCE-
MENT, NOTICE OF VIOLATION OF ARTICLE, PAY-
MENT OF PENALTY; AND PROVIDING FOR VIOLATION
OF ANY PROVISION OF CHAPTER 17, ARTICLE 1,
OF TRE CODE OF THE CITY OF VIRGINIA BEACH
BE IT ORDAINED BY THE COUNCIL OF THE CITY'OF VIRGINIA BEACH$
VIRGINIA:
1. Condition of receptacles.
All receptacles, plastic or polyethylene bags provided for in
this subdivision must be kept in good physical condition to prevent
waste and breakage.
2. Garbage and refuse; small dead animals.
Accumulation 6tc., of garbage, etc.
Within the corporate limits of the city, all garbage or refuse
consisting of waste animals or vegetable matter upon which rats may
feed, shall be placed and stored, until collected by the sanitation
(refuse) depa-rtment, in'covered contai-ners as provided in SS17-6
through 17-10; or as subsequently may be provided by any amendments
thereto according to existing conditions, and it is declared unlawful
for any person t.o dump or place on anv premises, land or waterway
any dead animals, or any waste vegetal)le or animal matter of any
kind.
It shall be unlawful for any person to place, leave, dump or
permit to accuinulate any garbage, rubl)ish or trash in any building or
premises in the city so that the same shall or may afford food or
harborage of rats.
3. Enforcement, notice of violation of article;
payment of penalty in satisfaction of fine,
For any violation of any sections of Article 1, Chapter 17, of
this Code, any of the sanitary inspectors of the Department of Public
Health afid Department of Community Services may serve notice in
writing on the odcupant, janitor or other person charged with the
responsibility of complying with the provisions of such sections2
info@ng him of the date and nature of such violation and instructing
him to report to the Clerk's Office of the Municipal Court of the
city in regard to such violation.
Such notice shall be served by delivering a copy thereof to the
party to whom directed in person; or, if said party be not found at
his usual place of abode, by delivering such copy and giving infor-
mation of its purport to any adult member of his family found there.
The party to whom such notice is directed may, within three days
after such notice is served, report to the Clerk's Office of the
Municipal Court of the city and pay as a penalty for and in full
satisfaction of such violation the sum of five dollars. Upon the
failure of such party to make payment as aforesaid) a warrant shall
be issued against and served on said party, directing him to appear
before the municipal judge of the city in the municipal court of the
city, on the date and at the time specified in the warrant, to answer
for the violation alleged, the date and nature of which shall be set
forth in the warrant. Such warrant shall be served by delivering a
copy thereof to such party in person.
4. Penalties.
Any person, firm or corporation violating any provision of this
Article shall be, upon conviction, guilty of a misdeameanor.
This Ordinance shall be in effect from and after thirty
days from the date of its adoption.
Adopted by the Council of the City of Virginia Beach, Virginia,
on the 24th day of @y 1971.
ITE@l #3306
On motion by Councilman Cromwell, seconded by Councilman Holland, and by
recorded vote as follows:
Ayes: Councilmen Robert H. Callis, Jr., Robert B. Cromwell, Jr., Frank A.
Dusch, F. Reid Ervin, George R. Ferrell, Clarence A. Holland, D. Murray
Malbon, Vice Mayor Earl M. Tebault, Floyd E. Waterfield, Jr., and Mayor
Donald H. Rhode-s.
Nays: None
@.bsent: Councilman J. Curtis Payne.
@ity Council approved the following Ordinance declaring lots 16, 17, and 18
of Block 18 of the subdivision of Shore Acres excess.
ORDINANC]t TO AUTHORIZE AN ENCROACH-
MENT OVER A PORTION OF TEIE WESTERN PORTION
OF SECOND STREET AS SHOWN ON TI[E PLAT OF "THE HOLLIES"
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That pursuanttothe authority contained in Section 15.1-377 ofthe
Code of Virginia of 1950, as amended, Porter Hardy, III is authorized
to maintain an encroachrnent over the western three tenths of a foot of
Second Street consisting of the overhang of a bay window of his residence
located on Lot 219 of the plat of "The Hollies", which plat is duly of record
in Map Book 6, at page 107 in the Clerk's Office of the Circuit Court of
the City of Virginia Beach, Virginia, until such building is destroyed or
removed.
ITE@L #3307
On motion by Councilman Ervin, seconded by Councilman Ferrell, and by recorded
vote as follows:
Ayes: Councilmen Robert H. Callis, Jr., Robert B. Cromwell, Jr., Frank A.
Dusch, F. Reid Ervin, George R. Ferrell, Clarence A. Holland, D. Murray
Malbon, Vice Mayor-Earl M. Tebault, Floyd E. Waterfield, Jr., and Mayor
Donald H. Rhodes.
Nays- None
Absent: Councilman J. Curtis Payne.
ity Council approved the following Ordinance to authorize an encroachment
ver a portion of the western portion of Second Street as shown on the
,Iat 6f "The Hollies".
AN ORDINANCE DECLARING LOTS 161 17, AND
IR OF BLOCK 13 OF THE SU3DIVISION OF
SHORE ACRES E.XCESS
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA:
WHEREAS lot 16, 17 and 18 of 3lock 13 of the Subdivision
of Shore Acres was acquired by the City of Virginia Beach and
in the opinion of City Council is now excess of the needs of the
City; and
WHEREAS these parcels have now been appraised; and
WHEREAS it is now considered suitable to dispose of these
parcels;
NOW THEPEFORE BE IT ORDAINED BY THE CITY OF VIRGIiqIA BEACH,
VIRGINIA:
That, the City @lanager is hereby authorized to advertise the
said. property and accept competitive bids and to convey to the
successful bidders lots 1-6, 17 and 13 of Block 13 of the Subdivision
of Shore Acres. The property to be sold with the restriction that
the said property is only to be used f(,r a public marina.
Adopted by the Council of the Cit)@ of Virginia Beach on
the -24th day of may 1971.
ITEM #3308
On motion by Councilman Cromwell, seconded by Councilman Holland, and by
recorded vote as follows:
Ayes: Councilmen Robert H. Callisi Jr., Robert B. Cromwell, Jr., Frank A.
D.usch, F. Reid Ervin, George R. Ferrell, Clarence A. Holla,d, D. Murray
albon, Vice Mayor Earl M. Tebault, Floyd E. Waterfield, Jr., and Nlayor
onald H. R@es.
Nays: None
Absent: C.ouncilman J. Curtis Payne.
City Council approved the following Ordinarice to establish an exclusion for
residential telephone service.
ORDINANCE NO.
AN ORDINANCE TO ESTABLISH
AN EXCLUSION FOR RESIDENTIAL
TELEPHONE SERVICE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA:
There is excluded,from the tax imposed and levied by this
division so much of the charge, exclusive of any federal tax
thereon, made by the seller against the purchaser for residential
telephone service as is in excess o-f twelve dollars for any month
or Oart of a month.
This ordinance shall become effective on bills rendered oii
and after June 1, 1971.
An emergency is declared to exist and this ordinance shall
become effective from the date of passage.
ITEM #3309
On motion by Councilman Waterfield, seconded by Councilman Callis, and by
recorded vote as follows:
Ayes: Councilmen Robert Ii. Callis, Jr., Robert B. Cromwell, Jr., Frank A.
usch, F. Reid Ervin, George R. Ferrell, Cl.,Ironce A. Holland, D. Murray
albon, Vice Mayor Earl M. Tebault, Floyd E, Waterfield, Jr., and @layor
onald H. Rhodes.
Nays: None
Absent: Councilman J. Curtis Payne.
City Council approved the following Ordinan(e to prohibit bathing without
suit.
AN ORDINANCE TO PROHIBIT
BATHING WITHOUT SUIT
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
VIRGINIA:
It shall be unlawful for any person not wearing a bath
or other clothing to bathe in any lake, pond or in the Atla
Oceah or Chesapeake Bay within the city.
This ordinance shall be effective from date of passage,
Adopted by the Council of the City of Virginia Beach,
24th day of May, 1971.
'ITEM #3310
on motion by Vice Mayor Tebault, seconded by Councilman Cromwell,
recorded vote as follows:
Ayes: Councilmen Robert H. Callis, Jr., Robert B. Cromwell, Jr.,
lusch, F. Reid Ervin, George R. Ferrell, Clarence A. Holland, D.
albon, Vice Mayor Earl M. Tebault, Floyd E. Waterfield, Jr., and
Dnald H. Rhodes.
Nays: None
Absent: Councilman J. Curtis Payne.
City Council approved the following Ordinance to prohibit swim,min
fifty yards offshore in Atlantic Ocean.
ORDINANCE NO. 342
AN ORDINANCE TO PROIIIBIT
SWIMMING MO@E THAN FIFTY
YARDS OFFSHORE IN ATLANTIC
OCEAN
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
VIRGINIA:
It shall be unlawful for any person to swim outside of
extending fifty yards eastward from the high-tide water mar
Atlantic Ocean within the city or beyond control of the '-l'
unless express permission has been obtained from the super,,
lifeguard to do so. Any person requested by the lifeguard
in shall do so and failure to do so shiill be unlawful.
This ordinance sclall be in effect f)7oni date of passa@,,
Adopted by the Council of the City of Virginia Beach, on the
24th day of May, 1971.
ITEM #3311
On motion by Councilman Ferrell, seconded by Councilman Malbon, and by
recorded vote as follows:
,es: Councilmen Robert H. Callis, Jr., Robert B. Cromwell, Jr., Frank A.
isch,, F. Reid Ervin, George R. Ferrell, Clarence A. Holland, D. Murray
tlbon, Vice Mayor Earl M. Tebault, Floyd E. Waterfield, Jr., and Mayor
Donald H. Rhodes.
Nays: None
Absent: Councilman J. Curtis Payne.
City Council authorized the City Manager to sign a standard water agreement
with Windsor-Holland Company for Windsor OaRs West.
ITEM #3312
On motion by Councilman Holland, seconded by Councilman Dusch, and by recorded
vote as follows:
Ayes: Councilmen Robert H. Callis, Jr., Robert B. Cromwell, Jr., Frank A.
Dusch, F. Reid Ervin, George R. Ferrell, Clarence A. Holland, D. Murray
Malbon, Vice Mayor Earl M. Tebault, Floyd E. Waterfield, Jr., and Mayor
Donald H. Rhodes.
Nays: None
)sent: Councilman J. Curtis Payne.
uity Council noted its intention to hold a closed meeting on Monday, June 7,
1971, for the purpose of discussing items permitted for discussion under the
Freedom of Information Act of the Commonwealth of Virginia.
ITEM #3313
On motion by Councilman Holland, seconded by Councilman FerTell, and by
recorded vote as follows:
Ayes: Councilmen Robert 11. Callis, Jr., Robert B. Cromwell, Jr., Frank A.
Dusch, F. Reid Ervin, George R. Ferrell, Clarence A. Holland, D. Murray
Malbon, Vice Mayor Earl M. Tebault, Floyd E. Waterfield, Jr., and Mayor
Donald H. Rhodes.
Nays: None
Absent: Councilman J. Curtis Payne.
City Council recessed until 7:30 p.m., Moiiday, May 2i, 1971, at which time
they will reassemble i.n the Council Chambers.
ITENI #3314
City Council reassembled in the Council Chztjiibers on Monday, May 24, 1971,
at 7:30 p.m., after recess from the Regular Council Meeting on Monday,
May 24, 1971, at 2:00 p.m.
Councilmen present: Robert H. Callis, Jr., Robert B. Cromwell, Jr., Frank A.
Dusch, F. Reid Ervin, George ]Z. Ferrell, Clirence A. liollaiid, D. Murray
Malbon, Vice Mayor Earl M. l'obault, Floyd E. W;itcrfield, Jr., and @layor
Donald If. Rhodes.
Councilman absent: J. Curtis Payne.
ITEM #3315
Mr. Morris Rowe, representing the Virginian Pilot and Mr. John Holgate,
representing WTAR News, appeared be ore City Council expressing their
opinion that if Council holds an Executive Session to discuss a personnel
matter regarding anyone directly underithe jurisdiction of the City'Manager,
Council will be in viol.ation of the Freedom of Information Act.
Mayor Rhodes informed the press that the purpose of a closed session would
e to discuss a personnel matter regarding the relationship of the Planning
ommission to the Council.
, ITEM #3316
On motion-by Councilman Holland, seconded by Councilman Ferrell, and by
recorded vote as follows:
Ayes: Councilmen Robert H. Callis, Jr., Robert B. Cromwell, Jr., Frank A.
Dusch, F. Reid Ervin, George R. Ferrell, Clarence A. Holland, D. Murray
Malbon, Vice Mayor Earl M. Tebault, Floyd E. Waterfield, Jr., and Mayor
Donald H. Rhodes.
Nays: None
Absent: Councilman J. Curtis Payne.
City Council retired into Executive Session at 8:30 p.m.
ITEM #3317
In motion by Mr. Beard, seconded by Mr. Cleaves, and by recorded vote as
ollows:
Ayes: Messrs. J. Roy Alphin, Charles W. Beard, Herman Bonney, William H.
Cleaves, Homer W. Cunningham, Roy Deflart, Jqmes Donnelly, J. Alvin Holland,
Arthur H. Jurgensen, J. Harry Mote, Walter J. Pankiewicz, R. L. Riggs, and
Robert Watlington.
Nays: None
Absent: None
The Planning Commission retired into Executive Session at 8:30 p.m. to meet
with the City Council.
ITEM #3318
Mayor Rhodes made the following "Public Statement" regarding the meeting
held in Executive Session between the City Council and the Planning Commission.
"Members in attendance here this evening, to give a statement for t@e press
that is in all respects,a joint statement of Mr. Harry Mote, the Chairman
of the Planning Commission, on behalf of the Commission and from me, on
behalf of the City Council; our discussion, which has taken roughly the last
wo hours, related to personnel matters as they relate to the Commission in its
elationship to the Council. After all, the Commission is appointed by the
ouncil, and in that regard, we discussed generally what the relationship
between these two bodies is, has been and possibly should be, but maybe is
lacking in some areas; and in an effort to improve those relations, we have
jointly ag,reed that in the future we will endeavor to have a member of the
City Attorney's office available to the Planning Commission, particularly to
attend the informal briefings and the formal meetings of the Commission, this
is not to say, of course, that the City Attorney's office has not previously
been available to the Commission, but obviously by having someone there, we
think it will be more readily available and possibly be of more assistance to
the Commission. Secondly, so that the Commission will be able to be more
appraised and advised of the Council action, hence forth they will be receiving
a copy of the Minutes of any Council meeting which includes any matters of
planning. It has been suggested and as desired, by the members of the
Commission themselves, they have been invited to attend the Council meetings;
this is an optional thing. We hope that the communication, I think you'll see
as I move through these matters that it seems that the underlying problems if
any we have, have for the most part resulte(i from lack of communication and
what we are proposing for the most part is (tesigned, I think, to enable our
lines of communication to be better between the two groups. It is also clear
and felt jointly, that the Commission's findings on any matter should be
transmitted in full to the Council without @,,ny modification and I would like
at this stage to hastily add that this is iii no way meant to infer that there
'lave been any instances during the term of office of the current Planning
irector that that has not been the case. Jt is just a restatement of some-
hing that we all agreed is important. Alsc), we have had some difficulty in
trying to assess or clarify the position of the Director of Planning as his
position relates to the Commission, to the (:ity Manager and to the City
Council, and it was at the time that this ml@tter was thought about being
discussed that we invited Mr. Carrington an([ @Ir. Scott into the meeting, since
it did involve in some regard those two individuals. And finally, I think it's
clear that we, that both bodies, recognize ihe strong need for further joint
study of the overall relationships between ihe Commission and the Council and
that will be done obviously in an effort to further open the lines of
communication between the two bodies. Now ihat concludes the joint statement
that I ivould make with one further addition. Due to the lateness of the hour
in one respect, and also due to the feeldng of the Commission that the
recommendations which tliev have made as the)- relate specifically now to the
bill board ordinance, it is felt that at this time there is no need this evening
for further discussion and a question and ai@swer period between the Council
and the Commission."
ITEM #3319
On motion by Councilmari Callis, seconded Colincilman Waterfield, and by
ecorded vote as follows:
yes: Councilmen Robert Ii. Callis, Jr., Rot)ert B. Cromwell, Jr., Frank A.
Dusch, F. Reid Ervin, George R. l@errell, Cl,,irence A. flolland, D. Murray
Malbon, Vice Mayor Earl M. Tebault, Floyd [:. Waterfield, Jr., qnd Mayor
Donald Ii. Rhodes.
Nays: None
Absent: Councilman J. Curtis Payne.
The meeting adjourned.
TTE@l #33-,o
On motion by Councilman Callis, seconded by Councilman Ervin, and by recorded
vote as follows:
Ayes: C6uncilmen Robert Fl. Callis, Jr., Robert B. Cromwell, Jr., Frank A.
Dusch, F. Reid Ervin, George R. Ferrell, Cl@irence A. Holland, D. Niurray
Malbon, Vice Mayor,Earl @l. Tebault, Floyd E. Waterfield, Jr., and Mayor
Donald H. Rhodes.
Nays: None I I
Absent: Councilman J. Curtis Payne.
City Council rescinded the motion to adjourn the recessed meeting of May 24,
371, which was held at 7:30 p.m.
TTEM #3321
Application of the City of Virgfnia Beach to amend the Princess Anne County Code,
the Master Zoning Ordinance of the City of Virgi-nia Beach and the Code of the City
More detailed
of Virginia Beach relative to signs, billboards, and poster panels.
information is available in the Office o@ the D@partment of City Planning, Office
of the City Clerk, and Bayside Public Library.
The Planning Comniission recormiiends approval of an ordinance dated April 13, 1971,
to amend the Virginia Beach and Princess Anne Zoning Ordinances establishing
regulations for outdoor advertising strLiCtures, billboards, poster panels, sign-
boards and signs within established districts of the City of Virginia Beach.
On motion by Councilman Callis, seconded by Councilman Ervin, and by recorded
vote as follows:
Ayes: Councilmen Robert H. Callis, Jr., Robert B. Crmwell, Jr., Frank A.
Dusch, F. Reid Ervin, George R. Ferrell, Clarence A. Holland, D. Murray
Malbon, Vice Mayor Earl M. Tebault, Floyd E. tvaterfield, Jr., and Nlayor
Donald H. Rhodes.
@lays: None
bsent: Councilman J. Curtis Payne.
City Council deferred the application of the City of Virginia Beach to amend
the Princess Anne County Code, the Master Zoning Ordinance of the City o
Virginia Beach and the Code of the City of Virginia Beach relative to signs,
billboards, and poster panels, until June 7, 1971.
ITEM #3322
On motion by Councilman Callis, seconded by Councilman Waterfield, and by
recorded vote as follows:
Ayes: Councilmen Robert H. Callis, Jr., Robert B. Cromwell, Jr., Frank A.
Dusch, F. Reid Ervin, George R. Ferrell, Clarence A. Holland, D. Murrav
Malbon, Vice Mayor Earl M. Tebault, Floyd E. Waterfield, Jr., and Mayo@
Donald @i. Rhodes.
Nays: None
Absent: J. Curtis Payne.
The re cessed session o@ the Regular Meeting of Monday, May 24, 1971, held
n tlie Council Chambers at 7:30 p.m. adjourn(,d.
ikiL,iL,iG j. vvei)t)oii ulty cier Dona Rio(es, @ayor
City of Virginia Beach,
Virgiiiia