HomeMy WebLinkAboutDECEMBER 10, 1979CITY OF VIRGINIA BEACH
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MAYOR PATRICK L. STANDING, At Large
VICE MAYOR ]. HENRY McCOY IR., D.D.S., Kempsville Borough
JOHN A~ BAUM, Blackwater Borough
~. REID ERVIN, At Large
EORGE R. FERRELL, At Large
ARBARA M. HENLEY, Pungo Borough
CITY COUNCIL AGENDA
MUNICIPAL.CENTER
VIRGINIA BEACH, VIRGINIA 23456
CLARENCE A. HOLLAND, M.D., Bayside Borough
DONALD Vi. MERRICK, Lynnhaven Borough
MEYERA E. OBERNDORF, At Large
J. CURTIS PA YNE, Princess Anne Borough
ROGER L. RIGGS. Virginia Beach Borough
RUTH HODGES SMITH, City Clerk
10:30 a.m. - MEETING WITH LEGISLATORS
ITEM I
INFORFkAL SESS~_ON:
A.
B.
C.
D.
Monday, 10 December 19'79 - 1:00 p.m.
CALL TO ORDER - Mayor Patrick L. Standing
ROLL CALL OF COUNCIL
MOTION TO RECESS INTO INFORMAL/EXECUTIVE SESSION
PRESENTATION/DISCUSSION OF PERTINENT MATTERS
1. Business License Audits: Discussion of letter received
from M. D. Ashley, dated October 29, 1979, voicing
several of his concerns.
2. Legal Advertising: 'Continued discussion of advertising
in the Virginian-Pilot or the Virginia Beach Sun.
3. Temporary to Permanent Employment Ordinance: Discussion
of proposed ordinance to provide credit toward benefits
for temporary employees converted to permanent status
when it is felt that it is merited.
4~ Letchworth Change of Zoning: Request for expedition of
change of zoning request from Planning Commission to city
Council.
5. Canal No. 1: Present development conflict with future
canal.
ITEM II
FORMAL SESSION: Monday, 10 December 1979 - 2:00 p.m.
ao
INVOCATION - Elder Barnett Thourogood
Pastor
New Jerusalem Church
B. PLEDGE OF ALLEGIANCE
C. ROLL CALL OF COUNCIL
Do
MINUTES OF PREVIOUS MEETINGS
1. Motion to accept/approve the Minutes of 26 November 1979,
with corrections to Item #14461, Item #14462 and Item
#14475.
2. Motion to accept/approve the Minutes of 3 December 1979.
E. RESOLUTIONS
1. Resolution of Appreciation to Mrs. Joseph A. Bibla
Fo
PUBLIC HEARINGS - None
CONSENT AGENDA
Ail matters listed under the Consent Agenda are considered
to be routine by the City Council and will be enacted by
one motion in the form listed. There will be no separate
discussion of'these items. If discussion is desired, that
item will be removed from the Consent Agenda and considered
separately.
Ordinance to amend and reordain Section 23-13.3 of the
Code of the City of Virginia Beach, Virginia, pertaining
to juvenile curfew enforcement and intake.
a. The City Manager's letter recommends adoption of
this Ordinance.
Resolution referring the application of DeFord, Limited,
back to the Planning Commission for reconsideration in
February, 1980.
a. The City Manager's letter recommends adoption of
this Resolution.
3. Tax refunds in the amount of $1,996.50.
a. The City Manager's letter recommends approval.
H. PLANNING ITEMS
Application of D. C. Harris, J. G. Matyiko, James Matyiko,
Colleen A. Crebar, Machiko Tinder, and Gary Tinder for a
change of zoning from R-8 Residential District to 0-1 Of-
fice District on two parcels totalling 4.55 acres located
on both sides of Matyiko Drive, north of Providence Road
(.Kempsville Borough).
a. The City Manager's letter transmits the recommendation
of the Planning Commission for approval.
Application of General Hospital of Virginia Beach for a
change of zoning from A-1 Apartment District to A-4 Apart-
ment District on a 1.2-acre parcel located at the northeast
intersection of 25th Street and Arctic Avenue (Virginia
Beach Borough).
a. The City Manager's letter transmits the recommendation
of the Planning Commission for approval.
Application of John B. and Virginia M. Smith for a change of
zoning from R-6 Residential District to A-2 Apartment Dis-
trict on a 1.5-acre parcel located on the north side of
Linkhorn Drive, east of Holly Road (Virginia Beach Borough).
a. The City Manager's letter transmits the recommendation
of the Planning Cormmission for denial.
H. PLANNING ITEMS (cont'd.)
Application of Robert H. Venner for a conditional use permit
for a private club (racquetball/handball) on a 1.188-acre
parcel located at the northwest intersection of Holly Road
and Laurel Lane (~irginia Beach Borough).
a. The City Manager's letter transmits the recommendation
of the Planning Commission for denial.
Application of Hudgins and Associates, Inc., for a conditiona
use permit for one duplex on a .24-ac~e parcel located on
the south side of 13th Street, east of Courtright Avenue
(Virginia Beach Borough).
a. The City Manager's letter transmits the recommendation
of the Planning Commission for approval.
Application of Tourist Haven, Inc., T/A Beach Mall and Putt
Putt Golf 'for a conditional use permit for a 54-hole minia-
ture putt putt golf course on a .90-acre parcel located on
the east side of Pacific Avenue, between 14th and 15th
Streets (Virginia Beach Borough).
a. The City Manager's letter transmits the recommendation
of the Planning Commission for approval.
Application of The Virginia Beach Erosion Commission/City
of Virginia Beach for a conditional use permit for a borrow
pit oh a 73.58-acre parcel located on the west side of
South Birdneck Road, south of Beautiful Street (Lynnhaven
Borough).
a. The City Manager's letter transmits the recommendation
of the Planning Commission for approval.
Application of Bailey Parker Construction Company for a dune
disturbing activity (bulkhead) on a 2.22-acre parcel located
at the northeast intersection of Page Avenue and Kleen
Street (Lynnhaven Borough).
a. The City Manager's letter transmits the recommendation
of the Planning Commission for approval.
Application of Sir Galahad Company, a Virginia General
Partnership, for a conditional use permit for a community
center on a 13.746-acre parcel located on the east side
of Holland Road, north of Landstown Road (Princess Anne
Borough). This matter was deferred until this date on
November 26, 1979.
a. The City Manager's letter transmitts the recommendation ¢
the Planning Commission to allow withdrawal.
I. ORDINANCES
1. General - None
2. Appropriations
a. Second Readings
Ordinance to appropriate funds from the State
Department of Mental Health and Mental Retardation
(SDMH/MR).
2o
Ordinance to accept a grant of $19,261 from Federal
Aid to Public Libraries and to appropriate these
funds as amended.
I. ORDINANCES (cont'd.)
2. Appropriations
b. First Readings
Ordinance to allocate an additional secretarial
position and related appropriations to the Personnel
Department.
a. The City Manager's letter recommends adoption
of this Ordinance.
Ordinance to appropriate funds of $4,500 for the
Southeastern Virginia Areawide Model Program
(SEVAMP), Inc.
a. The City Manager's letter recommends adoption
of this Ordinance.
3. Ordinance to appropriate funds of $4,394 to the
Planning Council of the Tidewater Regional Hospice.
a. The City Manager's letter recommends adoption
of this Ordinance.
c. Bids
The low bid of A & W Contractors, Inc., in the
amount of $885,388.65, for the North Virginia Beach
Sanitary Sewerage System and Water Line - Contract
2A.
a. The City Manager's letter recommends acceptance
of the low bid
and, authorize the City Manager to enter into
the necessary agreements to implement this pro-
ject.
3. City Code Amendments
Ordinance to amend and reordain Chapter 6 of the Code
of the City of Virginia Beach, Virginia, pertaining
to beaches, lakes and wharves by repealing Section 6-9.
bo
Ordinance to amend and reordain Chapter 17 of the Code
of the City of Virginia Beach, Virginia, pertaining to
garbage, refuse, waste and weeds by repealing Division 1,
definitions; Division 2, receptacles; and Division 3,
private collectors of garbage, etc.
Ordinance to amend and reordain Chapter 17 of the Code
of the City of Virginia Beach, Virginia, pertaining to
garbage, refuse, waste and weeds by adding Division 1,
definitions; Division 2, refuse collection and refuse
disposal; and Division 3, litter control.
1. The City Manager's letter recommends adoption of
these Ordinances.
J. OLD BUSINESS
1. Council Matters
K. NEW BUSINESS
1. Council Matters
L. ADJOURNMENT
Minutes of the Honorable City Council
OF THE
CITY OF VIRGINIA BEACH, VIRGINIA
December 10, 1979
The regular meeting of the Council of the City of Virginia Beach,
Virginia, was called to order by Mayor Patrick L. Standing, in the
Conference Room, in the Administration Building, on Monday,
December 10, 1979, 10:30 a.m. (To permit Council to meet with the
City's Legislators for discussion of the Legislative Package).
The following Legislators appeared to discuss with Council and
the City Manager the above matter.
Senator A. Joseph Canada
Senator Joseph Fitzpatrick
Mr. Corbell Jones (Administrative
Aide for Senator Babalas)
Senator Bill Parker
Senator Stanley Walker
Delegate Glenn B. McClanan
Delegate J. W. O'Brien
Delegate William R. O'Brien
Delegate Owen B. Pickett
The City Manager discussed with Council and Legislators the 1980
Legislative Package, a copy of which will be made a permanent record
of these proceedings, (for reference) .
Mayor Standing recessed the discussion, 12:00 NOON
12/10/79
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At 1:00, City Council reconvened in the Council Conference Room with
the following Members present:
John A. Baum, F. Reid Ervin, George R. Ferrell,
Barbara M. Henley, Clarence A. Holland, Vice
Mayor J. Henry McCoy, Jr. , Donald W. Merrick,
Meyera E. Oberndorf, J. Curtis Payne, Roger L.
Riggs, and Mayor Patrick L. Standing
Council Members Absent:
None
ITEM #14537
Mayor Standing entertained a motion to permit Council to conduct
an INFORMAL SESSION to be followed by an EXECUTIVE SESSION for the
purpose of discussing the following:
t. 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. 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 Payne, seconded by Councilman Holland, City
Council voted to proceed into the EXECUTIVE SESSION following the
INFORMAL SESSION.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, George R. Ferrell,
Barbara M. Henley, Clarence A. Holland, Vice
Mayor J. Henry McCoy, Jr., Donald W. Merrick,
Meyera E. Oberndorf, J. Curtis Payne, Roger L.
Riggs, and Mayor Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
None
12/10/79
BUSINESS LICENSE AUDITS
ITEM fJ14538
The City Manager indicated Vice Mayor McCoy received a letter from
Ashley and Matthews, Limited, Accountants, concerning problems the
Accountant had with the City's business license au~tit review.
The City Manager indicated Business License Audits should be under
the Commissioner of the Revenue; each Business License Auditor is
sworn in as a Deputy Commissioner of the Revenue. The Commissioner
has the final say on all audits. The research work is under the
guidance of the Finance Department, with Mr. Giles G. Dodd, Assistant
to the City Manager for Finance, as supervisor.
The City Manager indicated the Staff will review the rates on
business license, and report back to Council with regards to
establishing a uniform rate.
LEGAL ADVERTISING
ITEM #14539
The City Manager indicated the charge for the Virginia Beach Sun
News (for legal advertisements) is $13,693.38 per year. If the
City could continue advertising in the SUN, and for coverage advertise
in the Virginia Beach Beacon, which is included in both the Virginian
Pilot and Ledgar Star, Council would then have the "] egal tool" of
the Virginia Beach Sun News to satisfy the State Code, and the notice
in the Virginia Beach Beacon to satisfy the distribution.
The BEACO>! will advertise for $9,000 per year, and with the cost of
advertising in the SUN, the total cost is approximately $22,000.
There being no opposition to the above request, the City Manager
indicated the City will be advertising in the SUN and BEACON.
TEMPORARY TO PERMANENT
EMPLOYMENT ORDINANCE
ITEM #14540
The City Manager indicated if Council will recall they were concerned
with the last sentence of the Ordinance regarding Temporary to Permanent
employment, which states:
"This Ordinance shall not be construed to prohibit
the employing authority from converting a full-time
temporary employee to full-time probationary status
without the grant of the credits listed above."
The City Manager indicated he would like to delete the above paragraph,
add :~
"Would be uniform across-the-board, and not
discretionary."
The above statement concerns those employees who have qualifications
to become permanent employees of the City of Virginia Beach.
This Ordinance will be forwarded to Council on the FORMAL AGENDA
of December 17, 1979, for discussion and vote.
12/10/79
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LETCHWORTH CHANGE OF ZONING ITEM #14541
The City Manager indicated he received a request from Donald H.
Rhodes, Attorney, representing Robert Letchworth whose application
was referred back to the Planning Commission November 26, 1979, to
have the application advertised simultaneously with the Planning
Commission advertisement to be brought before Council one (1)
Week after the Planning Commission hearing (February 18, 1980).
It was noted an announcement will be made to the citizens who appear
before the Planning Commission that the application will be heard by
City Council the following week, February 25, 1980.
CANAL NUMBER 1
ITEM #14542
The City Manager indicated a developer wishes to subdivide in the
middle of a proposed right-of-way; however, in this particular case
the entire subdivision is made up of the proposed right-of-way which
is Canal Number 1. Canal Number 1 is located at Sandbridge Road up
to Dam Neck Road. On the Master Drainage Progra~ Canal Number 1 goes
from Back Bay up to Linkhorn Bay, with a "spur" to Rudee Inlet.
The request for an Industrial subdivision is located within the area
of Bells Road and Birdneck Road. If the City were to require dedications,
the developer would be dedicating all of his land.
The City Manager further indicated the City is not in the position to
recommend acquisition of right-of-way on Canal Number 1 as the Corps
of Engineers has not indicated its approval of the Canal~
AMENDMENT TO BINGO ORDINANCE ITEM #14543
The City Manager indicated the amendment to the Bingo Ordinance
is for those agencies that have an audit performed by a Certified
Public Accountant, will have to pay only a maximum of $50.00.
City Council recessed to the EXECUTIVE SESSION (1:30 p.m.), for
briefing prior to the FORMAL SESSION in the Council Chambers.
12/10/79
- 5-
FORMAL SESSION
ITEM #14543
Monday, December 10, 1979
2:00 p.m.
Council Members Present:
John A. Baum, F. Reid Ervin, George R. Ferrell,
Barbara M. Henley, Clarence A. Holland, Vice
Mayor J. Henry McCoy, Jr., Donald W. Merrick,
Meyera E. Oberndorf, J. Curtis Payne, Roger L.
Riggs, and Mayor Patrick L. Standing
Council Members Absent:
None
INVOCATION was given by Elder Barnett Thourogood, Pastor, New
Jerusalem Church.
PLEDGE OF ALLEGIANCE
(ITEM II-D.1)
ITEM #14544
MINUTES
VICE MAYOR MCCOY LEFT COUNCIL CHAMBERS.
On motion by Councilman Holland, seconded by Councilman Riggs, City
Council voted to APPROVE the Minutes of the regular meeting of November 26
1979, with the following corrections (which have already been submitted
to Council for replacement):
ITEM #14461 - Deletion of "This is in compliance with
the Comprehensive Zoning Ordinance."
ITEM #14462 - Deletion of "This application was denied
as it was felt the proposed requests were
incompatible with the single-family homes
established in this area."
ITEM #14475 - Corrected last page of the Ordinance to
amend and reordain Section 23-12.1 of the
City Code pertaining to Bingo Games and
Raffles.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, George R. Ferrell,
Barbara M. Henley, Clarence A. Holland, Donald
W. Merrick, Meyera E. Oberndorf, J. Curtis
Payne, Roger L. Riggs, and Mayor Patrick L.
Standing
12/10/79
-6 -
Council Members Voting Nay:
None
Council Members Absent:
Vice Mayor J. Henry McCoy
(ITEM II-D.2) ITEM #14545)
VICE MAYOR MCCOY RETURNED TO COUNCIL CHAMBERS.
On motion by Councilman Ferrell, seconded by Councilman Holland, City
Council voted to APPROVE the Minutes of the regular meeting of
December 3, 1979.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, George R. Ferrell,
Barbara M. Henley, Clarence A. Holland, Vice
Mayor J. Henry McCoy, Jr., Donald W. Merrick,
Meyera E. Oberndorf, J. Curtis Payne, Roger L.
Riggs, and Mayor Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
None
12/10/79
- 7-
(ITEM II-E.1)
ITEM #14546
RESOLUTION
Mayor Standing read the following Resolution of Appreciation and
presented same to Mrs. Marcy Sims, Director of Libraries, who
accepted the Resolution on behalf of the family of Mrs. Joseph A.
Bibla:
RESOLUTION OF APPRECIATION
WHEREAS, on Sunday, November 17, 1979, the City of
Virginia Beach lost by death a valuable
servant and beloved citizen who was dedicated
to helping others through her years of volunteer
service and her zealous desire to improve the
education and lifestyle of the young and old
alike with scheduled reading and library
reference; and,
WHEREAS, Lillian Daugherty Bibla gave twenty years of her
life to the American Red Cross; was appointed to
the Public Library Board and served eight years
until her untimely death; and she served various
other community organizations, including the
Bayside Hospital Auxiliary.
NOW, THEREFORE, BE IT RESOLVED, that the Virginia Beach City
Council recognize those timeless efforts and pay
respect to the memory of Litlian Daugherty Bibla
with gratitude for her service and accomplishments.
BE IT FURTHER RESOLVED, That the City Clerk is instructed to
enter a copy of this Resolution into the Minutes of
this regular meeting of the City Council; and, that
a copy be forwarded to the Public Library Board as
well as to her beloved husband Joseph A. Bibla
Goven under my hand and seal this Tenth day of December Nineteen
Hundred and Seventy-nine.
The Honorable Patrick L. Standing
Mayor
City of Virginia Beach
12/10/79
-8-
(ITEM II-G.1) ITEM #14547 CONSENT AGENDA
ALL MATTERS LISTED UNDER THE CONSENT AGENDA ARE CONSIDERED TO BE
ROUTINE BY THE CITY COUNCIL AND WILL BE ENACTED BY ONE MOTION IN
THE FORM LISTED.
On motion by ~ice Mayor McCoy, seconded by Councilman Baum, City
Council voted to APPROVE the following Ordinance to amend and re-
ordain Section 23-13.3 of the Code of the City of Virginia Beach
pertaining to juvenile curfew enforcement and intake:
Voting: 11-0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin~ George R. Ferrell,
Barbara M. Henley, Clarence A. Holland, Vice
Mayor J. Henry McCoy, Jr., Donald W. Merrick,
Meyera E. Oberndorf, J. Curtis Rayne, Roger L.
Riggs and Mayor Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
None
12/10/'79
=s,u= ~x~.~z~s: aznur- mzcrn'xgn= or so close Eo mlcnlg~t t~at it is
impracticable for such minor to reach his residence by traveling
in a prudent manner and such minor is present at any such
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or not the presence of such minor on such street, road, avenue,
alley, park or other public place is in violation of the
provisions of this Code. If such investigation reveals that the
presence of such minor on such street, road, avenue, alley, park
or other public place is in violation of the provisions of this
Code, then the officer sha~-e~se-~he-m~ ~ay charge the minor
with a violation of this section and release said minor on a
summons, or said officer may cause the minor to be taken to his
home or place of residence, and the minor and his parent,
guardian or other adult person having the care, custody or
control of such minor may be summoned to appear before the judge
of the juvenile and domestic relations district court to be dealt
with in accordance with the provisions of this Code. If the
officer deems that it will be for the best interest of the minor,
he may be taken to the juvenile 8~s~-~-~he bureau of the
police d~partment for further investigation, and if from such
investigation the officer shall have cause to believe that the
actions of the minor are such as to bring the minor within the
purview of the juvenile and domestic relations district court
law, and if the minor cannot contact a relative bearing a good
reputation or other person of good repute to exercise legal
authority, over the child within the corporate limits of the city,
through his or the efforts of the officers of the junvenile
bureau who will assume responsibility of the minor, then he
may be held at the detention home of the juvenile and domestic
relations district court and dealt with by the judge of the
juvenile and domestic relations court in the manner provided by
law. Should the investigation, however, show that the minor is
probably not within the purview of the juvenile and domestic
relations district court law, and has not violated this or any
other provision of law or ordinance, the minor shall be
immediately released from custody, and-~e~m~ed-~-h~-h~me?-~
-2-
12/10/79
Adopted by the Council of the City of Virginia Beach,
Virginia on December 10~ 1979 ·
RJN/cj/vp
10/19/79
11/27/79
(3)
APP.~OVF..D AS TO
-3-
CITY A1 , O~,i',l~,
12/10/79
(ITEM II-G.2)
ITEM #14548
The regular meeting of the Council of the City of
Virginia Beach, Virginia, was held in the Council Chambers of
the Administration Building on the Tenth day of December, 1979
On motion by Vice Mayor McCoy seconded by Councilman Baum,
the following resolution was adopted.
RESOLUTION
WHEREAS, on November 19, 1979, the Council of the City
of Virginia Beach approved the application for rezoning of DeFord,
Ltd., with certain conditions and stipulations; and
WHEREAS, the applicant is not in agreement with those
conditions and stipulations; and
WHEREAS, City Council, on November 26, 1979, voted to
reconsider the application.
THEREFORE, BE IT RESOLVED, BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA:
THAT the application of DeFord, Ltd., is hereby referred
back to the Planning Commission for its consideration of this
application for the Planning Commission meeting in February.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the Tenth day of December , 1979.
JDB:er
12-5-79
On motion by Vice Mayor McCoy, seconded by Councilman Baum, City
Council voted to ADOPT the above Resolution referring the application
of DeFord, Limited, back to the Planning Commission for its consideration
of this application for the Planning Commission 7M~eting in February, 1980.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, George R. Ferrell,
Barbara M. Henley, Clarence A. Holland, Vice
Mayor J. Henry McCoy, Jr., Donald W. Merrick,
Meyera E. Oberndorf, J. Curtis Payne, Roger L.
Riggs, and Mayor Patrick L. Standing
12/10/79
AN ORD]~Ai'iCE A[J'I'}T~,~ZiNG TAX REFUilDS
UPON APPI,ICATION OF CERTAIN PERSONS
AND .UPON CERTIFICATION OF THE TREASURER
Date 1.1./23/
BE IT ORDAINED BY THE COUNCIL OF TIlE CITY OF VIRGINIA BEAClt, VIRGI. NI
That the following applications for tax refunds upon certification
:
the Treasurer are hereby approved:
$869.08
Totalin '$
TAX" TYP~ TICKE~ ExONER-
_FLAME YEAR OF TAX N~'~BER TION N( PAID ?ENALTY INT TO:
esler, Ethel R. 78 RE 35574-9 (1/2) 11/30/77 14.
esler, Ethel R. 78 RE 35574-9 (2/2) 5/25/78 14.
esler, Ethel R. 79 RE 37255-0 (1/2) 12/5/78 16.~
esler, Ethel R. 79 RE 37255-0 (2/2) ~6/5/79 16.'
unden; EYelyn A. 79 RE 78419-7 :(2/2) 5/30/79 432.
rmithwaite, gddie C. 80 RE 6722-7 (2/2) 10/22/79 150.~
.L.'Peterson Trust 79 PP 22199 6/5/79 64.1
mith, Robert D. 79 PP 85094 5/10/79 5.~
~les, L. B. Jr. 79 PP 94967 6/5/79 130.~
--'ght., Wm. J. Jr. 79 CD 70817' 11/15/79 15.~
~ler,.Ferne E. ~ 79 CD 124940 1/10/79 7..
K
K
D
~ : above abatement(s) totaling
__ $869,08 were approved by
tue Council of the City of Virginia
Beach on the 10th day of Pecember ·
Ruth Il. Smith, City Clerk
Apl:,
.~ed as to), p~}~yment;
' - '
>red as to form:
~S0n; city Att
12/10/79
-15-
UFON AFI~LICATION OF CERTAIN PERSONS
.. AND UPON CERTIFICATION OF TIlE TREASURER
BE IT ORDAINED BY THE COUNCIL OF TItF CITY OF VIRGINIA BEACIt, VIRGIN]
That the following applications for tax refunds upon certification
~he Treasurer are hereby approved:
$1 12v. 42
Totalin .$
~NAME YEAt~ OF TAX NUbIBER' TION NC PAID ?ENALTY INT TO'
mnks Enterprises 74 RE 2680-4 (7/2) 6/1/74 410.
tanks Enterprises 74 RE 2680-4 (2/2) 12/5/74 410.
Jart.~_n, Robert D. 79 PP 121434 11/8/79 5.
,askin Koad Comnmny 74 RE 32582-0 (1/2) 5/29/74 ]_40.
',:)lonial Auto Leasing 79 PP 18757 5/15/79 133.
~ourne, Russell A. 79 CD 26240 1'/15/79 15.
;uess, Jeffrey C. 79 CD MC14585~ '1/17/79 12.
· e above abatement(s) totaling
$1,127.42 were approved by
i m Council of the City of Virginia
Beach on the 10th day of December.
Ruth H. Smith, City Clerk
Certified as to~.fpaxment;
Approved as to form:
,.?. Dale Bimson, C~ty Att
"l 2/10/79
-16,
(ITEM II-H.9)
ITEM #14550
PLANNING ITEMS
THIS ITEM, BY REQUEST, WAS TAKEN OUT OF SEQUENCE AS THE APPLICANT
WISHED TO WITHDRAW THE APPLICATION.
On motion by Councilman Payne, seconded by Councilman Holland, City
Council voted to uphold the recommendation of the Planning Commission
and WITHDRAW the following Ordinance upon application of Sir Galahad
Company for a Conditional Use Permit for a community center:
Ordinance upon application of Sir Galahad Company, a Virginia General
Partnership, for a Conditional Use Permit for a community center on
certain property located on the East side of Holland Road beginning
at a point 200 feet more or less North of Landstown Road, running a
distance of 812.25 feet along the East side of Holland Road, running
a distance of 253.44 feet in an Easterly direction, running a distance
of 309.52 feet in a Northerly direction, running a distance of 445.58
feet in an Easterly direction, running around a curve in a Southeasterly
direction a distance of 475.08 feet, running a distance of 983.11 feet
in a Southwesterly direction and running a distance of 100 feet in a
Northwesterly direction. Said parcel contains 13.746 acres. Princess
Anne Borough.
Voting: 11-0
Council Members Voting Aye:
John A'. Baum, F. Reid Ervin, George R. Ferrell,
Barbara M. Henley, Clarence A. Holland, Vice
Mayor J. Henry McCoy, Jr., Donald W. Merrick,
Meyera E. Oberndorf, J. Curtis Payne, Roger L.
Riggs, and Mayor Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
None
12/10/79
-17 -
(ITEM II-H.3/5) ITEM #14551
On motion by Councilman Ferrell, seconded by Councilman Riggs, City
Council voted to DEFER FOR THIRTY (30) DAYS the following Ordinances:
Ordinance of John B. and Virginia M. Smith for a Change of Zoning
.District Classification from R-6 Residential District to A-2
Apartment District. No sign was posted.
Ordinance of Hudgins and Associates, Inc., for a Conditional Use
Permit for one duplex. Sign not posted properly.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, George R. Ferrell,
Barbara M. Henley, Clarence A. Holland, Vice
Mayor J. Henry McCoy, Jr., Donald W. Merrick,
Meyera E. Oberndorf, J. Curtis Payne, Roger
L. Riggs, and Mayor Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
None
12/10/7 9
-18-
(ITEM II-H.1) ITEM f~14552
Mr. Grover C. Wright, Jr., Attorney, represented the applicants
On motion by Vice Mayor McCoy, seconded by Councilman Ferrell, City
Council voted to uphold the recommendation of the Planning Commission
and APPROVE the following Ordinance upon application of D. C. Harris,
J. G. Matyiko, James Matyiko, Colleen A. Crebar, Machiko Tinder, and
Gary Tinder for a Change of Zoning District Classification from R-8
Residential District to O-1 Office District:
ORDINANCE UPON APPLICATION OF D. C. HARRIS,
J. G. MATYIKO, JAMES MATYIKO, COLLEEN A.
CREBAR, MACHIKO TINDER AND GARY TINDER FOR
A CHANGE OF ZONING DISTRICT CLASSIFICATION
FROM R-8 RESIDENTIAL DISTRICT TO O-1 OFFICE
DISTRICT
Z01279462
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA, THAT:
Ordinance upon application of D. C. Harris, J. G. Matyiko, James Matyiko,
Colleen A. Crebar, Machiko Tinder and Gary Tinder for a Change of Zoning
District Classification from R-8 Residential District to O-1 Office
District on parcels located at the Northeast and Northwest intersections
of Providence Road and Matyiko Drive.
Parcel 1: Beginning at the Northeast intersection of Providence Road
and Matyiko Drive, running a distance of 125.58 feet along the North
side of Providence Road, running a distance of 834.98 feet along the
Eastern property line, running a distance of 430 feet more or less along
the Northern property line and running a distance of 653.69 feet along
the East side of Matyiko Drive.
Parcel 2: Beginning at the Northwest intersection of Providence Road
and Matyiko Drive, running a distance of 100 feet along the North side
of Providence Road, running a distance of 411.02 feet along the Western
property line, running a distance of 246.35 feet along the Northern pro-
perty line and running a distance of 616 feet more or less along the West
side of Matyiko Drive.
Parcels contain 4.55 acres more or less. Kempsville Borough.
Approval is subject to the following conditions in conjunction with the
intended use of the land:
Standard improvements as required by the Site
Plan Ordinance.
2. City water and sewer.
3. Upgrading of the existing drainage system.
A resubdivision of the existing lots in
order to avoid creation of any nonconforming
lots.
This Ordinance shall be effective upon date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia,
on the Tenth day of December , 1979
12/10/79
-19-
Voting: 11-0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, George R. Ferrell,
Barbara M. Henley, Clarence A. Holland, Vice
Mayor J. Henry McCoy, Jr., Donald W. Merrick,
Meyera E. Oberndorf, J. Curtis Payne, Roger L.
Riggs, and Mayor Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
None
12/10/79
-20-
(ITEM II-H.2) ITEM #14553
VICE MAYOR MCCOY PRESIDED OVER THIS APPLICATION ONLY, AS MAYOR
STANDING WAS ABSTAINING.
Mr. Thomas C. Broyles, Attorney, represented the applicant.
The following appeared in opposition:
Mrs. Nancy Parker
Mr. W. H. Kitchen, III
Councilman Riggs made a motion, seconded by Councilman Ervin, to
APPROVE the application of General Hospital of Virginia Beach for
a Change of Zoning District Classification from A-1 Apartment
District to A-3 Apartment District (from A-4 Apartment District).
Councilman Holland offered a SUBSTITUTE MOTION to APPROVE the
application of General Hospital of Virginia Beach for a Change
of Zoning District Classification from A-1 Apartment District
to A-4 Apartment District.
THE RECORDED VOTE ON THE SUBSTITUTE MOTION IS AS FOLLOWS:
Voting: 5-5
Council Members Voting Aye: (for Substitute Motion)
John A. Baum, George R. Ferrell, Clarence A. Holland,
Vice Mayor J. Henry McCoy, Jr., and J. Curtis Payne
Council Members Voting Nay:
F. Reid Ervin, Barbara M. Henley, Donald W. Merrick,
Meyera E. Oberndorf, and Roger L. Riggs
Council Members Abstaining:
Mayor Patrick L. Standing
Council Members Absent:
None
DUE TO A TIE VOTE, THE SUBSTITUTE MOTION WAS LOST.
The RECORDED VOTE ON THE MAIN MOTION IS AS FOLLOWS:
Voting: 10-0
Council Members Voting Aye: (for Main Motion)
John A. Baum, F. Reid Ervin, George R. Ferrell,
Barbara M. Henley, Clarence A. Holland, Vice
Mayor J. Henry McCoy, Jr., Donald W. Merrick,
Meyera E. Oberndorf, J. Curtis Payne, Roger L.
Riggs.
12/10/79
-21-
Council Members Voting Nay:
None
Council Members Abstaining:
Mayor Patrick L. Standing
Council Members Absent:
None
THE MAIN MOTION WAS ADOPTED, THEREFORE, CITY COUNCIL VOTED TO APPROVE
THE FOLLOWING ORDINANCE UPON APPLICATION OF GENERAL HOSPITAL OF VIRGINIA
BEACH FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM A-1 APARTMENT
DISTRICT TO A-3 APARTMENT (FROM A-4 APARTMENT DISTRICT):
ORDINANCE UPON APPLICATION OF GENERAL HOSPITAL Z01279463
OF VIRGINIA BEACH FOR A CHANGE OF ZONING DISTRICT
CLASSIFICATION FROM A-1 APARTMENT DISTRICT TO A-3
APARTMENT DISTRICT (FROM A-4 APARTMENT DISTRICT)
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA, THAT:
Ordinance upon application of General Hospital of Virginia Beach for a
Change of Zoning District Classification from A-1 Apartment District to
A-3 Apartment District (from A-4 Apartment District) on certain property
located at the Northeast intersection of 25th Street and Arctic Avenue,
running a distance of 360 feet along the North side of 25th Street, run-
ning a distance of 140 feet along the Eastern property line, running a
distance of 360 feet along the Northern property line, and running a
distance of 140 feet along the East side of Arctic Avenue. Said parcel
contains 1.2 acres. Virginia Beach Borough.
Approval is subject to the following conditions in conjunction with
the intended use of the land:
Standard improvements as required by the
Site Plan Ordinance.
2. City water and sewer.
3. From A-4 Zoning.
This Ordinance shall be effective upon date of adoption.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the Tenth day of December , 1979.
12/10/79
-22-
(ITEM II-H.4) ITEM #14554
Mr. Robert H. Venner appeared regarding the application
Mr. Grover C. Wright, Attorney, appeared in opposition.
On motion by Councilman Merrick, seconded by Councilman Riggs, City
Council voted to uphold the recommendation of the Planning Commission
and DENY the following Ordinance upon application of Robert H. Venner
for a Conditional Use Permit for a private club (racquetball/handball):
Ordinance upon application of Robert H. Venner for a Conditional Use
Permit for a private club (racquetball/handball) on certain property
located at the Northwest intersection of Holly Road and Laurel Lane,
running a distance of 340 feet along the West side of Holly Road, run-
ning a distance of 304 feet along the Northern property line and run-
ning a distance of 364 feet along the North side of Laurel Lane. Said
parcel contains 1.188 acres. Virginia Beach Borough.
Vo ting: 8-3
Council Members Voting Aye: (for denial)
F. Reid Ervin, George R. Ferrell, Barbara M. Henley,
Clarence A. Holland, Vice Mayor J. Henry McCoy, Jr.,
Donald W. Merrick, Meyera E. Oberndorf, and Roger L.
Riggs
Council Members Voting Nay:
John A. Baum, J. Curtis Payne, and Mayor Patrick
L. Standing
Council Members Absent:
None
~ 2/10/79
-23-
(ITEM II-H.6)
ITEM #14555
Mr. Grover C. Wright, Jr., Attorney, represented the applicant.
On motion by Councilman Riggs, seconded by Councilman Holland, City
Council voted to uphold the recommendation of the Planning Commission
and APPROVE the following Ordinance upon application of Tourist Haven,
Inc., T/A Beach Mall and Putt Putt Golf for a Conditional Use Permit
for a 54-hole miniature putt putt golf course.
ORDINANCE UPON APPLICATION OF TOURIST HAVEN, RO1279287
INC., T/A BEACH MALL AND PUTT PUTT GOLF COURSE
FOR A CONDITIONAL USE PERMIT FOR A 54-HOLE
MINIATURE PUTT PUTT GOLF COURSE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA, THAT:
Ordinance upon application of Tourist Haven, Inc., T/A Beach Mall and
Putt Putt Golf for a Conditional Use Permit for a 54-hole miniature
golf course on certain property located at the Northeast corner of
Pacific Avenue and 14th Street, running a distance of 280 feet along
the East side of Pacific Avenue, running a distance of 140 feet along
the South side of 15th Street, running a distance of 280 feet along
the Eastern property line and running a distance of 140 feet along the
North side of 14th Street. Said parcel contains .90 acre. Virginia
Beach Borough.
Approval is subject to the following conditions in conjunction with the
intended use of the land:
Standard improvements as required by the Site
Plan Ordinance.
2. Restroom facilities are to be provided.
Right-of-way improvements are necessary along
Pacific Avenue; this includes pavement widening,
curb and gutter, sidewalk, and drainage facilities.
4. Provision of 24 parking spaces.
This Ordinance shall be effective upon date of adoption.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the Tentl~ day of December , 1979.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, George R. Ferrell,
Barbara M. Henley, Clarence A. Holland, Vice
Mayor J. Henry McCoy, Jr., Donald W. Merrick,
Meyera E. Oberndorf, J. Curtis Payne, Roger L.
Riggs, and Mayor Patrick L. Standing
Council Members Voting Nay:
None
12/10/79
-24-
Council Members Absent:
None
(ITEM II-H.7)
ITEM #14556
Mr. Thomas B. Langley, Langley and McDonald, appeared in favor.
On motion by Councilman Merrick, seconded by Councilman Baum, City
Council voted to uphold the recommendation of the Planning Commission
and APPROVE the following Ordinance upon application of The Virginia
Beach Erosion Commission/City of Virginia Beach for a Conditional Use
Permit for a borrow pit; subject to the nine (9) stipulations as
recommended by the Planning Commission:
ORDINANCE UPON APPLICATION OF THE VIRGINIA
BEACH EROSION COMMISSION/CITY OF VIRGINIA
BEACH FOR A CONDITIONAL USE PERMIT FOR A
BORROW PIT
R01279288
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA, THAT:
Ordinance upon application of the Virginia Beach Erosion Commission/
City of Virginia Beach for a Conditional Use Permit for a borrow pit
on certain property located on the West side of South Birdneck Road
beginning at a point 1560 feet more or less South of Beautiful Street,
running a distance of 615.12 feet along the West side of South Birdneck
Road, running a distance of 1179.60 feet in a Southwesterly direction,
running a distance of 1671.67 feet in a Northwesterly direction, running
a distance of 2736.56 feet in a Northerly direction, running a distance
of 1250 feet more or less in a Southerly direction, running a distance of
342.54 feet in a Southeasterly direction, running a distance of 258.30
feet in a Southwesterly direction, running a distance of 275.72 feet in
a Southerly direction, running a distance of 975.50 feet in an Easterly
direction, running a distance of 289.61 feet in a Southerly direction,
running a distance of 355.19 feet in an Easterly direction, running a
distance of 659.04 feet in a Southerly direction and running a distance
of 508.77 feet in an Easterly direction. Said parcel contains 73.58
acres. Lynnhaven Borough.
Approval is subject to the following conditions in conjunction with
the intended use of the land:
Compliance with Article 2, Section 228 of the
Comprehensive Zoning Ordinance pertaining to
Extractive Industries.
The applicant is to submit to the Department of
Public Works for review and approval, all the
necessary information as indicated in Section
31.2 of the City Code.
Upon approval by City Council, and prior to issuance
of an excavation permit, the applicant is to submit
to the Department of Public Works an Erosion, Sedi-
ment Control and Tree Protection Plan.
The water pumped from the borrow put during excavation
should be run through a sediment basin before being
allowed to flow into existing drainageways.
12/10/79
-25-
The borrow pit operator will be responsible
for continuous water service from the private
wells of adjacent residents.
6. Restroom facilities are to be provided.
7. A 15-foot dedication along South Birdneck Road.
Approximately 200 feet along the western boundary
of this site, adjacent to the VEPCO right-of-way
is a natural drainageway or swamp. Permits under
the U. S. Army Corps of Engineers 404 Program should
be obtained for any dredging or filling in this area.
There shall be a lO0-foot setback along the southern
boundary.
This Ordinance shall be effective upon date of adoption.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the Tenth day of December , 1979.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, George R. Ferrell,
Barbara M. Henley, Clarence A. Holland, Vice
Mayor J. Henry McCoy, Jr., Donald W. Merrick,
Meyera E. Oberndorf, J. Curtis Payne, Roger L.
Riggs, and Mayor Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
None
12/10/79
-26-
(ITEM II-H.8) ITEM #14557
Mr. Bailey T. Parker appeared regarding his application.
On motion by Councilman Merrick, seconded by Councilman Holland, City
Council voted to uphold the recommendations of the Planning Commission
and APPROVE the following Ordinance upon application of Bailey Parker
Construction Company for a Conditional Use Permit for dune disturbing
activity (bulkhead); subject to tha inclusion of the following
stipulation, in addition to the three (3) recommended by the Planning
Commission:
"Public Access Easement to the Beach
be granted to the City by the developer
ORDINANCE UPON APPLICATION OF BAILEY PARKER
CONSTRUCTION COMPANY FOR A CONDITIONAL USE
PERMIT FOR DUNE DISTURBING ACTIVITY (BULK-
HEAD)
RO1279'~89
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA, THAT:
Ordinance upon application of Bailey Parker Construction Company for
a Conditional Use Permit for dune disturbing activity (bulkhead) on
certain property located on the North side of Page Avenue beginning
at the Northeast intersection with Kleen Street, running a distance
of 10 feet along the North side of Page Avenue, running a distance
of 160 feet in a Northerly direction, running a distance of 52.26
feet in a Westerly direction, running a distance of 420 feet along
the Western property line, running a distance of 250 feet more or
less along the Northern property line (southern boundary of Chesapeake
Bay), running a distance of 485 feet along the Eastern property line
line, running a distance of 160 feet in a ~Westerly direction and
running a distance of 160 feet in a Southerly direction. Said parcel
contains 2.22 acres. Lynnhaven Borough.
Approval is subject to the following conditions in conjunction with
the intended use of the land:
The proposed bulkhead is to be landward of the
six-foot contour.
Prior to construction, a waterfront construction
permit must be obtained.
The top of the bulkhead is to be no lower than
an elevation of 12 feet mean sea level.
Public Access Easement to the Beach is to be
provided by the developer.
This Ordinance shall be effective upon date of adoption.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the Tenth day of December , 1979.
Voting: 9-2
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, George R. Ferrell,
Clarence A. Holland, Vice Mayor J. Henry McCoy,
Jr., Donald W. Merrick, J. Curtis Payne, Roger
L. Riggs, and Mayor Patrick L. Standing
12/10/79
-27-
Council Members Voting Nay:
Barbara M. Henley, and Meyera E. Oberndorf
Council Members Absent:
None
(ITEM II-I.2.a)
ITEM #14558
SECOND READINGS
On motion by Vice Mayor McCoy, seconded by Councilman Baum, City
Council voted to APPROVE ON SECOND READING the following Ordinance
to appropriate funds from the State Department of Mental Health and
Mental Retardation (SDMH/MR) :
ORDINANCE TO APPROPRIATE FUNDS FROM
THE STATE DEPARTMENT OF MENTAL HEALTH
AND MENTAL RETARDATION (SDMH/MR)
WHEREAS, the Department of Mental Health and Mental
Retardation has determined a need to provide specialized mental
health clinical treatment and support services in the City's Public
School Special Education Program for emotionally handicapped
students; and,
WHEREAS, the SDMH/MR has awarded a Grant in the amount of
$57,310 for the above demonstration program.
NOW, THEREFORE, BE IT ORDAINED IN THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA:
That the City Manager is hereby authorized to accept the
Grant for the City, and funds are hereby appropriated in the amount
of $57,310 to the Department of Mental Health and Mental Retardation;
and,
BE IT FURTHER ORDAINED that the appropriations will be
financed by $57,310 estimated revenue from the SDMH/MR; and,
BE IT FURTHER ORDAINED that five personnel positions are
hereby authorized for the duration of the Grant, to be paid from
the Grant, with the employee classes to be determined by the City
Manager.
FIRST READING:
SECOND READING:
on the
December 3~ 1979
December 10~ 1979
Adopted by the Council of the City of Virginia Beach, Virginia,
Tenth day of December , 1979
12/10/79
Voting: 11-0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, George R. Ferrell,
Barbara M. Henley, Clarence A. Holland, Vice
Mayor J. Henry McCoy, Jr., Donald W. Merrick,
Meyera E. Oberndorf, J. Curtis Payne, Roger L.
Riggs, and Mayor Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent :
None
(ITEM II-I.2.b)
ITEM #14559
On motion by Councilman Ferr.ell seconded by Vice Mayor McCoy, City
Council voted to APPROVE ON SECOND READING the following Ordinance
to accept a Grant of $19,261.00 from Federal Aid to Public Libraries
and to appropriate these funds as amended:
ORDINANCE TO ACCEPT A GRANT OF $19,261.00
FROM FEDERAL AID TO PUBLIC LIBRARIES AND
TO APPROPRIATE THESE FUNDS AS AMENDED
WHEREAS, a Grant to the City of Virginia Beach for Federal
Aid to Public Libraries has been approved in the amount of $19,261;
and,
WHEREAS, this Grant will provide books for the visually
handicapped, a books-by-mail program for rural and homebound
citizens and an automated book acquisition system for the Public
Libraries; and,
WHEREAS, City Council wishes to provide these programs
and services to augment the quality of service offered by our
Public Library; and,
WHEREAS, no local funds are required.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA:
12/10/79
That funds of $19,261 from the Federal Aid to Public
Libraries Grant be accepted and appropriated for books, equipment
and supplies in the Department of Libraries as follows:
Books (Extension Services)
Telephone (Technical Services)
Lease of Equipment (Technical
Services)
Library Supplies (Technical
Services)
Total Appropriation
$ 7,957.00
294.00
9,600.00
1 410.00
$19,261.00
BE IT FURTHER ORDAINED that Estimated Revenues from the
Federal Government be increased by $19,261 to finance the appropriation.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the Tenth day of December , 1979.
FIRST READING:
SECOND READING:
December 3, 1979
December 10, 1979
Voting: 11-0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, George R. Ferrell,
Barbara M. Henley, Clarence A. Holland, Vice
Mayor J. Henry McCoy, Jr., Donald W. Merrick,
Meyera E. Oberndorf, J. Curtis Payne, Roger L.
Riggs, and Mayor Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
None
12/10/79
-30-
(ITEM II-I.2.b.1)
ITEM #14560
FIRST READINGS
On motion by Councilman Payne, seconded by Vice Mayor McCoy, City
Council voted to APPROVE ON FIRST READING the following Ordinance
to allocate an additional secretarial position and related appropriations
to the Personnel Department:
Voting: 11-0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, George R. Ferrell,
Barbara M. Henley, Clarence A. Holland, Vice
Mayor J. Henry McCoy, Jr., Donald W. Merrick,
Meyera E. Oberndorf, J. Curtis Payne, Roger L.
Riggs, and Mayor Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
None
12/10/79
AN ORDINANCE TO ALLOCATE AN
ADDITIONAL SECRETARIAL POSITION
AND RELATEI) API~ROPRIAT1ONS TO
THE PERSONNEl. DEPARTbIENT
WHEREAS, the Personnel Department has experienced increased
workload due to processing and handling unemployment compensation
requests, tuition reimbursements, grievance activities, training
programs, and orientations, and
WHEREAS, these functions have resulted in many hours of over-
time by the existing secretarial staff without any gain on the work-
load, and
WHEREAS, the Personnel Department desires to obtain an addi-
tional Secretarial position to reduce the overtime and provide timely
handling of the workload, and
WHEREAS, they estimate the position, if effective January 1,
1980, to be $3,684 plus related capital outlays amounting to $1,570 for
a total costs of $5,254,
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH:
That an additional Secretary I position be allocated to the
Personnel Department and related appropriations in the amount of $5,254
be transferred from the General Fund Balance to that Department.
First Reading
December 10, 1979
Second Reading
Approved by the Council of the City of Virginia
day of , 19 .
12/10179
-32-
(ITEM II-I.2.b.2)
ITEM #14561
On motion by Councilman Riggs, seconded by Councilman Ferrell, City
Council voted to APPROVE ON FIRST READING the following Ordinance
to appropriate funds of $4,500 for the Southeastern Virginia Areawide
Model Program, Inc (SEVAMP):
Voting: 11-0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, George R. Ferrell,
Barbara M. Henley, Clarence A. Holland, Vice
Mayor J. Henry McCoy, Jr., Donald W. Merrick,
Meyera E. Oberndorf, J. Curtis Payne, Roger L.
Riggs, and Mayor Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
None
12/10/79
AN ORDINANCE TO APPROPRIATE FUNDS
OF $4,500 FOR TIlI~ SOUTIIEASTERN
VIRGINIA AREAWiDE MODEL PROGRAM (SEVAMP), INC.
WHEREAS, a reduction in Federal Funding for the Southeastern
Virginia Areawide Model Program (SEVAMP), Inc. will result in a
shortage of approximately $30,000 directed towards the senior
citizens transportation program, and
WHEREAS, in order to continue this program a contribution,
based on the locality's percentage of senior citizens served,
is needed from all cities served by SEVA>~, and
WHEREAS, the local match required of Virginia Beach based
on this formula is $4,500.
NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA that funds of $4,500 be appropriated from
the General Fund Balance and provided to SEVA~ to assist in
funding the senior citizens transportation program.
Adopted by the Council of the City of Virginia Beach, Virginia
on the day of 19__
First Reading:
Second Reading:
December !0, %979
12/10/79
-34-
(ITEM II-I.2.b.3)
ITEM #14562
On motion by Councilwoman Oberndorf, seconded by Mayor Standing, City
Council voted to APPROVE ON FIRST READING the following Ordinance to
appropriate funds of $4,394 to the Planning Council of the Tidewater
Regional Hospice:
Voting: 11-0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, George R. Ferrell,
Barbara M. Henley, Clarence A. Holland, Vice
Mayor J. Henry McCoy, Jr., Donald W. Merrick,
Meyera E. Oberndorf, J. Curtis Payne, Roger L.
Riggs, and Mayor Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
Non e
12/10/79
-35-
ORDINANCE TO
OF e,,
vq,394 TO ']'lie PLANNJNG COUNCIl,
OF ']'Iii", TII)EWATER REGIONAI, IlOSPICE
WHEREAS, City Council wishes to support the effort to
establish a hospice to serve the Tidewater Area, and
WHEREAS, the Planning Council of the Tidewater Regional
Hospice has requested $4,394 from the City of Virginia Beach
as the city's local proportionate participation towards a
Hospice Planning budget of $34,532 and
WHEREAS, this planning budget will provide for a one year
study to determine the type of hospice needed in the area.
N~4, THEREFORE BE IT ORDAINED BY THE CO[~CIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA that funds in the amount of $4,394
be appropriated from the General Fund Balance to The Planning
Council of the Tidewater Regional Hospice for the Hospice
Planning budget.
BE IT FURTHER ORDAINED that these funds are appropriated
contingent upon the proportionate participation of the other
Tidewater cities.
the
Adopted by the Council of the City of Virginia Beach on
day of , 19
First Reading:
December 10, 1979
Second Reading:
12/10/79
'36-
(ITEM II-I.c.1)
ITEM #14563 BIDS
The following bids have been received for the North Virginia. Beach
Sanitary Sewerage System and Water Line - Contract 2A:
A & W Contractors, Inc.
Vico Construction Corporation
A. Stuart Bolling Company, Inc.
A. Stanley Mundy & Company
Suburban Grading and Utilities, Inc
W. R. Hall, Jr.
Floyd B. Smith Contracting, Inc.
Engineer's Estimate
$ 885,388.65
$ 887,744.60
$ 965,632.00
$1,014,844.20
$1,015,256.00
$1,110,827.50
$1,517,010.60
$1,077,303.00
On motion by Councilman Merrick, seconded by Councilman Baum, City
Council voted to APPROVE the low bid of A & W Contractors, Inc.,
in the amount of $885,388.65 for the North Virginia Beach Sanitary
Sewerage System and Water Line - Contract 2A; and further authorized
the City Manager to enter into the necessary agreements to implement
this project.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Fo Reid Ervin, George R. Ferrell,
Barbara M. Henley, Clarence A. Holland, Vice
Mayor J. Henry McCoy, Jr., Donald W. Merrick,
Meyera E. Oberndorf, J. Curtis Payne, Roger L.
Riggs, and Mayor Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
None
12/10/79
-37 -
(ITEM II-I.3.a.b.c)
ITEM #14564
CITY CODE AMENDMENTS
THE FOLLOWING THREE (3) ORDINANCES WERE VOTED ON AS ONE ITEM:
Amend and reordain Chapter 6 by repealing
Section 6-9.
Amend and reordain Chapter 17, by repealing
Division 1, Division 2, and Division 3.
Amend and reordain Chapter 17, by adding
Division 1, Division 2, and Division 3.
On motion by Councilman Merrick, seconded by Councilman Holland, City
Council voted to DEFER FOR ONE WEEK (DECEMBER 17, 1979) THE FOLLOWING
ORDINANCES:
An Ordinance to amend and reordain Chapter 6
of the Code of the City of Virginia Beach,
Virginia, pertaining to Beaches, Lakes and
Wharves by repealing Section 6-9.
An Ordinance to amend and reordain Chapter 17
of the Code of the City of Virginia Beach,
Virginia, pertaining to Qarbage, Refuse, Waste
and Weeds by repealing Division 1. Definitions;
Division 2. Receptacles; and Division 3. Private
Collectors of Garbage.
An Ordinance to amend and reordain Chapter 17
of the Code of the City of Virginia Beach,
Virginia, pertaining to Garbage, Refuse, Waste
and Weeds by adding Division 1. Definitions;
Division 2. Refuse Collection and Refuse Disposal;
and, Division 3. Litter Control
Voting: 11-0
Council Members Voting Aye: (for deferral)
John A. Baum, F. Reid Ervin, George R. Ferrell,
Barbara M. Henley, Clarence A. Holland, Vice
Mayor J. Henry McCoy, Jr., Donald W. Merrick,
Meyera E. Oberndorf, J. Curtis Payne, Roger L.
Riggs, and Mayor Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
None
12/10/79
AN ORDINANCE TO AMEND AND REORDAIN CHAPTER 6
OF THE CODE OF TIiE CITY OF VIRGINIA BEACH,
VIRGINIA, PERTAINING TO DEACHES, LAKES AND
WHARVES BY REPEALING SECTION 6-9
VIRGINIA:
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
That Chapter 6 of the Code of the City of Virginia Beach,
Virginia, is hereby amended and reordained by deleting therefrom
Section 6-9.
Adopted by the Council of the City of Virginia Beach,
Virginia, Oll the__ day of , 1979.
kdf
DEFERRED ONE WEEK: December 10, 1979
A:-: ,~.u\"~D AS TO CONTF..NT
bF..:.
12/10/79
-39-
AN ORDINAl'iCE TO AMEND AND REORDAIN CHAPTER 17
OF THE CODE OF THE CITY OF VIRGINIA BEACH,
VIRGINIA, PERTAINING TO GARBAGE, REFUSE, WASTE
AND WEEDS BY REPEALING DIVISIOII 1. DEFINITIO~IS;
DIVISION 2. RECEPTACLES; AND DIVISION 3. PRIVATE
COLLECTORS OF GARBAGE, ETC.
VIRGINIA:
BE IT ORDAINED BY TIlE COUNCIL OF THE CITY OF VIRGINIA BEACH,
That Chapter 17 of the Code of the City of Virginia Beach
is hereby amended and reordained by deleting Division 1. Definitions;
Division 2. Receptacles; and Division 3. Private Collectors of
Garbage, etc.
on the
kdf
Adopted by the Council of tt~e City of Virginia Beach, Virginia,
day of , 1979.
DEFERRED ONE WEEK: December 10, 1979
12/10/79
AN ORDINANCE TO AHEND AND REORDA!N CttAPTER 17
OF THE CODE OF THE CITY OF VIRGIHIA BEACH,
VIRGINIA, PERTAINING TO GARBAGE, REFUSE, W/\STE
AND WEEDS BY ADDING DIVISION 1. DEFINITIONS;
DIVISION 2. REFUSE COLLECTIO,q AND REFUSE DISPOSAL;
AND DIVISIOrl 3. LITTER CONTROL.
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That Chapter 17 of the Code of the City of Virginia
Beach, Virginia, is hereby amended and reordained as follows:
DIVISION 1. DEFINITIONS
Sec. 17-1
Definitions
For the purposes of this Chapter, the following terms,
phrases, words, and their derivatives shall have the meaning given herein.
When not inconsistent with the context, words used in the present tense
include singular number, and words in the singular number include the
plural number. Tile word "shall" is always mandatory and not merely
directory.
The following definitions shall apply in the interpretation
and enforcement of this Chapter:
(1) "Building Ilaterials" means any material such as lumber,
brick, plaster, gutters, or other substances accumulated as a result of
repairs or additions to existing buildings, construction of new buildings,
or demolition of existing structures.
(2) "Bulk Container" means a metal container of not less
than six cubic yards nor larger than eight cubic yards, made of water-tight
construction with doors opening on two sides and top, and constructed so that
it can be emptied mechanically by specially-equipped trucks. Containers
shall be covered. Hereinafter, upon effective date of this section, all new
bulk containers shall ineet these specifications.
(3) "Business Trash" means any waste accumulation of dust,
paper, and cardboard, excelsior, rags or other accumulations, other than
garbage or household trash, which are usually attendant to the operation of
stores, offices, and similar businesses.
(4) "City" means the City of Virginia Beach.
(5) "Commercial Establishment" means any retail, restaurant,
manufacturing, wholesale, institutional, religious, government~.l, or other
non-residential establishment at which garbage or trash may be generated.
12/10/79
(6) "Detachable Container" means a unit varying in capacity
betv~een five cubic yards and 40 cubic yards ~.~hich is used for collection,
storing, and transporting building materials, business trash, industrial
waste, hazardous refuse, refuse, or yard trash. The unit may or may not use
an auxiliary stationary packing mechanism for compaction of materials into
the container and may be of the open or enclosed variety. The distinguishing
feature of the detachable container is that it is picked up by a specially-
equipped truck and becomes an integral part of the truck for transporting the
waste materials to the disposal site.
(7) "Garbage" means the by-product of animal or vegetable food-
stuffs resulting from the handling, preparation, cooking, and consumption of
food, or other matter which is subject to decomposition, decay, putrefaction
or the generation of noxious or offensive gases or odors, or which during or
after decay, may serve as breeding or feeding material for insects or animals.
(8) "Hazardous Refuse" means materials such as poison, acids,
caustics, chemicals, infected materials, offal, fecal matter, and explosives.
(9) "Household Trash" means every waste accumulation of paper,
sweepings, dust, rags, bottles, cans or other matter of any kind, other than
garbage, which is usually attendant to housekeeping.
(10) "Industrial Waste" means all waste, including solids,
semi-solids, sludges, and liquids, created by factories, processing plants or
other manufacturing enterprises.
(ll) "Litter" means garbage, refuse, waste materials, or any
other discarded, used, or unconsumed substance which is not handled as
specified herein.
(12) "Loading and Unloading Area" means any stream, river, or
lakeside or land dock, space or area used by any moving vehicle for the
purpose of receiving, shipping, and transporting goods, wares, commodities,
and/or persons.
(13) "Multiple Residential Unit" means any duplex, apartment,
group of apartnlents, or condon~iniunl used for dwelling places of more than one
family.
(14) "Person" means any individual, firnl, company, corporation,
or association.
(15) "Portable Packing Unit" means a metal container not
exceeding 4,500 pounds gross weight with four to six cubic yard capacity
that contains a packing mechanism and an internal or external pov~er unit.
(16) "Refuse" means solid waste accumulations consisting of
garbage, household trash, yard trash, and business trash as he.nein defined.
(17) "Residential Refuse Receptacle" means a metal or plastic
container for refuse, of substantial construction, with tight-fitting lids,
and provided with wheels and/or handles sufficient for safe and convenient
handling for collection at curbside. Such receptacles shall have a capacity
of not more than thirty-two (32) gallons nor fifty (50) pounds total weight
or ten (10) pounds empty weight, and shall be kept in serviceable condition
at all times. Any receptacle which does not meet standards set by the City
of Virginia ~each Department of Public l.!orks shall be removed. Exceptions
to these requirements may be niade by the Direc~Cor of Public Works.
12/10/79
(18) "Single ~lesidential [Init" means any dwelling place
occupied by one family.
(19) "Small Dead AnimalsI' means dead cats, dogs, small
household pets, and other animals of similar size.
(20) "Tree and Shrubbery Trimmings" means waste accumulation
of tree branches, tree limbs~ parts of trees, bushes, shrubbery, and cuttings
or clippings created as refuse, in the case of trees or bushes.
(21) "Yard Trash" means waste accumulations of lawn, grass
or shrubbery cuttings or clippings and dry leaf rakings, free of dirt, rocks,
large branches, and bulky or noncombustible material.
(22) "Yard Trash Containers" means refuse receptacles as
designated in 17-1.2(17). Plastic bags sl~all be closed by a tight sealing
method of suitable type, such as drawstring, wire tie, or knot. Containers
shall be kept covered or closed at all times.
Sec. 17-2
Administration and Enforcement
The administration and enforcement of the provisions of this
Chapter shall be the duty of the Department of Public Works.
DIVISION 2. REFUSE COLLECTION AND REFUSE DISPOSAL
Refuse Collection
Sec. 17-3
Administration
The Department of Public l!orks shall administer the provisions
for refuse collection throughout the City. This shall include both private
refuse collection and city refuse collection. The City shall not make
collections from private property. The City shall al.so not collect refuse
from apartment compl exes.
Sec. 17-4
Receptacles and Containers Required
of collection.
in 17-5 below.
All refuse shall be stored in proper receptacles between times
These receptacles shall meet the specifications as designated
Sec. 17-5
Specifications for Refuse Receptacles
Refuse shall be deposited in metallic or plastic receptacles
with no more than thirty-two (32) gallons capacity or fifty (50) pounds total
weight. Exceptions to these requirements may be made by the Director of
Public Works. Refuse may be placed in plastic or polyethylene bags which meet
the standards set by the Department of Public Works. Each receptacle shall
have a tight-fitting cover and each bag shall be tightly secured. The cover
of any receptacle shall be kept on at all times except when the receptacle
is being filled, emptied, or cleaned. Animal waste and/or ashes shall be
wrapped separately from other refuse in a manner to prevent spillage prior to
placing into receptacle.
Sec. 17-6
Points of Refuse Collection
All receptacles as designated in 17-5 shall be placed on
the curb line of a City right of way l',y 7:00 a.m. on tile day of collection.
All receptacles must be removed out of view of the public after collection
on the day of collection, lhe Director of t[~e Department of Public Works
shall designate those areas in the Cii:? in which curl,si(lc bins for holding
refuse receptacles are permitted I)eyo~,d tl~e front wall of a dwelling unit.
12/10/79
Sec. 17-7
Collection Practices
(A) Residential
Garbage and household trash accumulated by residences shall
be collected two times each week (excepting holidays) at the curb$~i.~, or as
designated by the Director of the Department of Public Works. Ow~ :led
household trash, bulky items such as reFr'igerators, water heaters, ..~hing
machines, yard trash, and tree and shrubbery trim~qings shall be coliected one
time each week at the curbside. The service for these articles collected once
each week shall only be provided when a special order is placed by telephoning
the Refuse Collection Bureau in advance. No refuse collection service shall
be provided on an official holiday.
(B) Commercial Establishments
Service to commercial establishments shall be two times
each week, except ¥~hen otherwise designated by the Director of the Department
of Public Works. Refuse placed by comn~ercial establishments for collection by
City crews shall only be placed in the approved receptacles as designated in
previous sections of this Chapter. Con~mercial establishments shall not place
for collection more than six (6) receptacles each collection day, unless other-
wise designated by the Director of the Department of Public Works. Cardboard
boxes shall be cut and flattened and tied securely in a manner that shall be
easily collected by the Refuse Collection Bureau.
(C) Bulk Containers
Any commercial establishment which desires to utilize
a bulk container shall elnploy the services of a priYate contractor to service
that container. Said container shall at all times be clean, neat, and in good
state of repair. Cleaning up spilled materials from containers when emptying
shall be the responsibility of the private collection contractor and/or the
property owner or occupant. No refuse shall be placed adjacent to any bulk
container. The property owner of any establishment for which a bulk container
screening requirement applies must maintain said screening in a clean and
neat condition and in good state of repair.
(D) Industrial ~,Iaste
Industrial waste shall be collected, removed, and disposed
of in an approved manner by the operator of the factory, plant or enterprise
creating or causing same.
(E) Hazardous Refuse
No contagious disease refuse or any other refuse that may
cause a public health hazard shall be placed in any receptacle used for
collection by the City or collection by any private agency. The following
are several types of special refuse items which shall be given special care
and preparation before disposing of in any refuse container:
Hypodermic instruments and other sharp articles. No
person shall dispose of or discard any hypodermic syringe, hypodermic needle,
or any instrument or device for making hypodermic injections before first
breaking, disassembling, destroying, or other?~ise rendering inoperable and
incapable of reuse. Such hypoder~,~ic syringe, needle, instrument or device
shall not be disposed of without safeguarding by ~'rapping or securing same
in a suitable manner so as to avoid the possibility of causing injury to the
collection personnel.
Ashes. Ashes that are to be collected by the City or
private collectors must have been wetted and cooled to the touch prior to
collection. Ashes shall be placed in s~itable containers of such size and
¥~eight as stipulated in Section 17-5 and shall not he placed with the normal
refuse unless separately wrapped, so that they will not cause injury to the
collection personnel.
12/10/79
Pressurized Cans. All pressurized cans containing
pesticides or any other dang~.~rous materials shall be released of all pressure
before depositing in receptacle for collection by the City or any private
col lection agency.
Glass. All broken glass or any type of glass that re. ay
cause injury to refuse collection personnel shall be separately wrapped to
prevent injury and placed in with the normal refuse.
Pesticides.. All pesticide containers and other
poisonous containers shall be emptied before placing out for collection.
(F) Building Material
Tile City shall not be responsible for the collection or
hauling of building materials originating from private property preliminary
to, during or subsequent to the construction of new buildings, alterations,
or additions to existing buildings of whatever type, or from demolition of
existing structures. Such material shall be removed by tile owner of the
property or by the contractor. No inspection or certificate of occupancy
shall be isst~ed until such material has been removed by the owner or contractor.
In addition, all contractors must provide refuse receptacles for construction
debris and litter to be deposited in at the end of each working day. The
prime contractor or developer of the construction or demolition site is held
responsible for maintaining the site as herein described.
(G) Dead Aninlals
Dead animals except marine life may be collected and
disposed of by the City Bureau of Animal Control in conjunction with
Section 5-5 of tile City Code.
(H) Yard Trash
Yard Trash may be stored for collection in suitable
receptacles and containers as described in this Chapter. Any yard trash
that cannot be put in a normal refuse receptacle shall be handled as
described in Section 17-7, subparagraph (I).
(I) Tree and Shrubbery Trimmings
All limbs, branches, and shrubbery and hedge trimmings
shall be cut into lengths not to exceed four feet and shall be stacked neatly
by the curbl.ine for collection. Stacks should not exceed 4X4X4 feet. This
material shall only be picked up on a call-in basis to the Refuse Collection
Bureau. Any violation of the above-mentioned restriction shall be the
responsibility of the owner or occupant for proper disposal thereof.
Sec. 1 7-8
Parking Lots
All parking lots and establishments with parking lots are
required to provide refuse receptacles distributed within the parking area.
The Department of Public Uorks shall have tile authority to determine the
number of receptacles necessary to provide proper containerization. It
shall be the responsibility of the owner or manager of the parking lot to
maintain such receptacles including the collection and storage of trash
deposited in such containers and placing such receptacles in an approved
location for collection by City collecting cre¥,,s if in proper containers or
by collection by private agencies for bulk containers.
Sec. 17-9 Interference or Dan~age to Receptacles
No person other than employees of the City charged ¥~ith such
duty shall interfere with the contents of any rece!:)tacle set out for removal
by the City or any private collectien agency unless authorized by the Director
of Public Works or his d(:.si(]nated agent. It shall be unlawful for any person
to dan;age or destroy any refuse receptacle placed at the curbline for
collection.
12/10/79
-45-
Sec. 17-10 Private Refuse Collectors
(A) No person shall engage in the business of collecting,
hauling, or transporting in the City any garl~age, waste, or refuse without
first having obtained a permit from the Director of the Department of Public
Works and a business license from the Commissioner of Revenue to engage in
such business. All containers and vehicles owned and/or operated Ny private
collection firlns shall be subject to inspection by officials of the Department
of Public Works to insure safety compliance and to insure proper lids and/or
covers are provided to prevent litter problems.
(B) Condition of Vehicle and/or Containers
All private refuse vehicles, containers, or other
equipment shall be maintained in a clean, sanitary condition and free from
odors at all times and shall be equipped with water-tight bodies with a
suitable system for cleaning, disinfecting, and deodorizing garbage and
refuse containers.
(C) Placement of Containers
All containers owned by private refuse collectors shall
not be.,placed on any street or right of way within the City of Virginia
Beach. All collections should be made directly from the premises of the
owner and any emptied containers returned directly to such premises.
Refuse Disposal
Sec. 17-11 Disposal of Sanitary Solid Waste, etc., at City
Disposal Areas
(A) Refuse Collected in the City
Sanitary solid waste, refuse or garbage generated
solely within the City of Virginia Beach may be deposited at the City
refuse disposal areas free of charge, subject to the following exception:
There shall be a fee of $3.50 per ton, or a $1.00 minimum
charge for less than one ton, or any part thereof, for all
debris designated as fill material as opposed to sanitary
solid waste, refuse or garbage. Debris shall include, but
not be limited to, building materials from remodeling,
demolition, or new construction; landscape debris, bushes,
concrete and trees, provided that tree stumps shall not be
accepted or deposited at the refuse disposal areas.
(B) Private Firms Depositing Refuse
Private sanitary solid waste, refuse or garbage firms may
deposit solid waste, refuse or garbage collected within tile City of Virginia
Beach at the refuse disposal areas free of charge, subject to the provisions
of paragraph (A), provided:
1. The proper City of Virginia Beach business license has
been purchased and is current.
2. The vehicles transporting the sanitary solid waste, refuse,
or garbage have a current City of Virginia Beach City license decal displayed.
3. A refuse disposal permit has been issued by the Director of
Public Works or his designated agent. Such permit shall be issued only upon
the certification and affidavit by the applicant that all sanitary solid waste,
refuse or garbage will be generated and collected within the City of Virginia
12/10/79
-46-
Beach. The fee for such permit shall be $25.00 per vehicle, per year or any
part thereof. Such permit shall expire December 31 of each year. Such permit
decal shall be displayed on each vehicle listed in the permit, as indicated oil
such decal.
(C) Special Fee
There shall be a fee of $.35 per tire for cutting and
disposing of tires.
(D) Scales and Fee Collection Procedure
The Director of the Department of Public Works, in conjunction
with the Director of Finance, is hereby authorized to establish such scale and
fee collection procedures as they may determine to be necessary to ensure the
efficient collection of fees imposed; provided that the Director of Public
Works or his designated agent shall have the authority to determine what
sanitary solid waste, refuse or garbage shall be acceptable for deposit at
the refuse disposal areas.
(E) Hours of Operation
The Director of Public Works, with the approval of the
City Hanager, is hereby authorized to establish reasonable hours for the
operation of the refuse disposal areas.
(F) Enforcement
The Director of the Department of Public Works or his
designated agent shall have all necessary authority on behalf of the City
Council to administer and enforce this section.
(G) Generally
Any officer or agent of a corporation, or member of a
partnership or association, who shall personally participate in or be an
accessory to any violation of this section by such corporation, partnership,
or association shall be subject to the penalties herein.
The Director of Public Worl<s or his designated agent is
hereby authorized to revoke or suspend any refuse disposal permit to prevent
any person or firm from utilizing the refuse disposal areas for good cause.
Sec. 17-12 Dumping on Private and Public Property
(A) Unauthorized Accumulations
Any unauthorized accumulation of refuse or trash on
any lot, property, premises, public street, alley, or other public or private
place is hereby declared to be a public nuisance and is prohibited. Failure
of owner or occupant to remove and correct any such unauthorized accumulation
of refuse after being notified shall be deemed a violation of this section.
(B) Junk
It shall be unlawful for any person to place or leave
outside any building or dwelling any dilapidated furniture, appliance, machinery,
equipment, building material or other item which is either in a wholly or
partially rusted, wrecked, junked, dismantled or inoperative condition, and
which is not completely enclosed within a building or dwelling. Any such item
or items which remain on the property of the occupant for a period of ten (10)
days after notice of violation oF this section shall be presumed to be
abandoned and subject to being removed from the property by the City without
further notice. This shall not apply to au ~;hori zed junk dealers or establish-
ments engaged in the repair, rebuilding, reconditioning, or salvaging of
equ i preen t.
12/10/79
-47-
(C) Appliances
It shall he unla~,~f~l for any person to leave outside
any building, in a place accessible to children, even when placed at curbside
for collection by the City, any appliance, refrigerator, or other container
of any kind which has an airtight sna? lock or similar device without first
removing the lock or door from said appliance, refrigerator, or container.
This law shall not apply to any appliance, refrigerator, or container ~,~hich
has heen placed on or adjacent to tile rear of the building and is crated, strapped
or locked to such an extent that it is impossible for a person to obtain access
to any airtight compartment thereof.
(D) Construction of Demolition Sites
All construction and demolition contractors must provide
on-site refuse receptacles as designated in 17-7 (F). Dirt, mud, construction
materials and other debris deposited upon any public or private property as a
result of construction or demolition shall be immediately removed by the
contractor. Construction sites shall be kept clean and orderly at all times.
For the purposes of this section, the prime contractor or developer of the
construction or demolition site is held responsible for maintaining the site
as herein described.
(E) ~.laintenance of Property
All owners or occupants must maintain the real
property owned or occupied in a clean and litter-free manner, including
sidewalks in grass strips, one-half of alleys, curbs, or right of ways up to
the edge of the pavement of any public street.
Every person shall remove snow and ice from the
sidewalks in front of their premises within six hours after such time as
removal can first be reasonably effected.
DIVISION 3. LITTER CONTROL
Sec. 17-13 Acculnulations of Refuse and Trash
(A) Public Streets and Private Property
No person shall place any accumulations of refuse
and trash in any street, median strip, alley, or other public place of
travel, nor upon any private property except as stated in the other
sections of this Chapter. The occupant of each lot or building, or if
unoccupied, the owner thereof, shall be responsible for the cleanliness
of the premises, and shall keep them in a sanitary condition by removing
regularly all litter, trash, garbage, and other refuse. Such occupant
or owner shall also be responsible for the cleanliness of the sidewalks
in front of his premises.
(B) Blockage of Storm Drains
~Io person shall place any refuse, trash, refuse
receptacles or containers on, upon, in or over any storm drain.
Sec. 17-14 Scattering of Refuse
It shall be unlawful for any person to: (1) scatter
refuse about or litter any public or private street or area or place;
(2) cast, thro~.~, place, sweep, or deposit anywhere within the City any
refuse or trash in such a I~anner that it Inay be carried or deposited by
the elements upon any street, sidewalls, al'Icy, se~-.'er, park~ay, or other
public place or into any occupied or unoccLIpied p¥'emises within the City;
and (3) throw or deposit any refuse, trash, or debris in any stream or body
of water.
12/10/79
-48 -
Sec. 17-15 Litter from Hotor Vehicles
It shall be unlawful for any vehicle trarlsporting loose
materials within the City to transport same without suitable covers. This
section shall not apply to the transportation of poultry or livestock or
silage or other feed grain used in the feeding of poultry or livestock.
The driver of any vehicle shall be responsible for assuring that no litter
is thrown from the vehicle or occurs through the lack of proper covering.
In addition to other remedies, any person arriving at the City landfill and
operating an uncovered truck in violation of this section shall be allowed
access to said landfill only after being issued a notice of violation or
s ummo n s.
Sec. 17-16 Beaches
It shall be unlawful for any person to take or carry upon
the public beaches within the City any cup, glass, bottle, can, paper bag,
paper box, wooden box, styrofoam container, basket or container of any kind
containing alcohol, beverages, soft drinks, food nourishment or refreshment
of any kind. In the Beach Borough of the City, this section shall apply also
to the Boardwalk and grass areas adjacent to and east of the motels to the
Boardwal. k. All concessioners and/or contractors operating on or adjacent to
the beaches shall be required to maintain proper litter control by providing
receptacles and cleaning up litter each day which may he deposited within the
area of their responsibility.
Sec. 17-17 Roadside Litter
It shall be unlawful for any person to deposit any litter,
as designated in 17-1 of this Chapter, upon any public street or right of
way.
Sec. 17-18 Street Sweeping
It shall be unlav~ful for any vehicle to be parked in a "no
parking" zone designated for street sweeping during the respective hours
as noted. It shall also be unlawful for vehicles to be parked in a zone
scheduled for street sweeping when proper notification has been given by the
City through the placement of a notice on the windshield of the vehicles
located in the sweeping zone. The City has the right to remove any vehicle
located within these zones during the designated times of street sweeping.
Sec. 17-19 Violation
Any person violating any section of this Chapter shall be
guilty of a Class I nlisdemeanor. For each day that a violation continues,
it shall be considered as a separate offense.
DEFERRED ONE WEEK:
December 10, 1979
Adopted by the Council of the City of Virginia Beach,
Virginia, on the
PWK: kdf
day of , 1979.
~2/~o/79
-49-
(ITEM II-J.1)
ITEM #14565
OLD BUSINESS
Councilwoman Oberndorf:
Coastal Control Management Bill in the
Legislative Package.
The City Manager indicated he will be bringing to Council on
December 17, 1979, a Resolution and letter regarding this matter.
(ITEM #II-J.2)
Councilman Baum:
ITEM~ #14566
Senator Fitzpatrick's proposed Charter Change for
Recall Provisions.
ITEM #14567
The City Clerk reminded Council of the Special Meeting, Wednesday,
December 12, 1979, at 12:00 NOON for acceptance of the low'bid
Of the $16.8 Million General Obligation Bonds.
The following Members of Council WILL attend the Special Meeting:
John A. Baum, George R. Ferrell, Barbara M. Henley, Clarence A.
Holland, Vice Mayor J. Henry McCoy, Jr., J. Curtis Payne, Roger
L. Riggs, and Mayor Patrick L. Standing.
The following Council Members WILL NOT be able to attend the
Special Meeting:
F. Reid Ervin, Donald W. Merrick, and Meyera E. Oberndorf
ITEM #14568
On motion by Councilman Holland, seconded by Councilman Riggs, City
Council unanimously adjourned at 3:58 p.m.
Ruth mith, City Clerk
City of Virginia Beach,
Virginia
December 10, 1979
12/10/79