HomeMy WebLinkAboutJANUARY 26, 1981 MINUTES
"WORLD'S LARGEST RESORT CITY"
CITY COUNCIL
MAYOR 1. HENRY M,COY JR., D.D.S., K..p..iU. B.@.Sh
VICE-OWAYOR HAROLD IFEISCHOBER. A, L.,g,
JOHN A. BAUM. BicA..,., B.-gb
F. REID ERVIN. A, L.,g@
BARBARA M. HENLEY, P..R. B.-gb
CLARENCE A. HOLLAND, M.D.. S.y.id, Bo@.,b
W. H. KITCHIN. Ill, Vigi.i. B-cb B...Sb
REBA S. M@CLANAN, P,i ..... A... B .... gh
DONALD W. MERRICK, Ly-b.... B.@.gb
MEYERA E. OBERNDORP, A, L.,g@ 212 Ct7Y HALL BUILDING
PATRICK L. STANDING, A, L.,g@ MUNICIPAL CENTER
VIRGINIA BEACH, VIRGINIA 23456
RUTH HODGES SMITH, Cily Cl.,k (804) 427-4303
CITY COUNCIL AGENDA
January 26, 1981
ITEM I INFORMAL SESSION 5:00 p.m.
A. CALL TO ORDER - tiAYOR J. HENRY McCOY, JR.
B. ROLL CALL OF COUNCIL
C. MOTION TO RECESS INTO INFORMAL/EXECUTIVE SESSION
D. PRESENTATION/DISCUSSION OF PERTINENT MATTERS
1. Matters for discussion by Mayor.
2. Matters for discussion by Council.
3. Flag Lots Reviewed on a Variance Basis During 1980:
Presentation by Mr. Robert Scott, Director of
Planning Department
4. Slides Allowed During City Council Meetings:
Discussion by Councilman Donald Merrick.
5. Excess lqater User Notices: Discussion.
ITEM II FORMAL SESSION 7:00 p.m.
A. INVOCATION: Reverend William F. McMahon
Tabernacle Methodist Church
B. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF
AMERICA
C. ELECTRONIC ROLL CALL OF COUNCIL
ITEM II D. MINUTES OF PREVIOUS MEETING:
1. Motion to accept/approve the Minutes of January 19, 1981.
E. RESOLUTION
1. Resolution authorizing the City Manager to advertise
for the Deferred Compensation Plan.
2. Resolution authorizing the City Manager to submit
such materials as required to the U.S. Department
of Education to secure a grant for consumer oriented
educational programs for the City of Virginia Beach.
F. PUBLIC HEARINGS
1. Proposed Amendment to the Virginia Beach City Charter,
reference: "Authority For Issuance of Bonds" as
amended and shown in Chapter 147, Sec. 6.05.1, Acts
of the Assembly of 1962, amended.
2. Public Hearing-Co=unity Development Block Grant
Program/Seventh Program Year Application
G. CONSENT AGENDA
1. Bingo/Raffle permits:
Star of the Sea School (renewal) - Bingo/Raffle permit
2. Request of the City Treasurer for tax refunds in the
amount of $402.84.
3. Ordinance, on second reading, to accept supplemental
grants totaling $8629 from the Division of Justice
and Crime Prevention and to appropriate funds total-
ing $8629.
4. Ordinance, on second reading, to accept a grant
totaling $14,690 from the State Department of
Health and to appropriate these funds.
5. Ordinance, on second reading, to loan funds of
$85,000 to th Virgi l@a Beach Maritime Historical
Museum.
ITEM II H. PLANNING ITEMS
1. Deferred Items
a. Application of Hayden R. and Patrick S. McQuilkin
for a conditional use permit for a single-family
dwelling on a 5.145-acre parcel located on the
south side of Drum Point Road, east of Muddy Creek
Road (Pungo Borough).
1. Letter from the City Manager transmits the
recommendation of the Planning Commission
for approval.
2. New Items
a. Application of the City of Virginia Beach for the
proposed "Virginia Beach Bikeway Plan."
1. Letter from the City Manager transmits the
recommendation of the Planning Commission
for approval.
b. Application of First Colonial Medical and Pro-
fessional Buildings for a change of zoning from
R-4 Residential District to 0-1 Office District
on a .275-acre parcel located on the north side
of Wolfsnare Road, west of First Colonial Road
(Lynrihaven Borough).
In a letter dated January 16, 1981, the applicant
has requested that Council allow withdrawal of
this application.
1. Letter from the City Manager transmits the
recommendation of the Planning Commission
for denial.
c. Application of Eleanor B. Crosby for a change
of zoning from B-1 Business-Residential District
to A-4 Apartment District on a 2.5-acre parcel
located on the south side of Shore Drive, east
of Diamond Springs Road (Bayside Borough).
In a letter dated January 7, 1981, the applicant
has requested that Council allow withdrawal of
this application.
1. Letter from the City Manager transmits the
recommendation of the Planning Commission
for denial.
d. Application of Renato R. Pasqualino for a con-
ditional use permit for an auto repair establish-
ment on a .229-acre parcel located at the southwest
corner of Pleasure House Road and Lake Drive
(Bayside Borough).
1. Letter from the City Manager transmits the
recommendation of the Planning Commission
for denial.
ITEM II H. PLANNING ITEM (continued)
2. New Items
e. Application of The Southland Corporation for a
conditional use permit for an automobile gasoline
station on an .817-acre parcel located at the
northeast corner of Northampton Boulevard and
Baker Road (Bayside Borough).
1. Letter from the City Manager transmits the
recommendation of the Planning Commission
for approval.
f. Application of Bruce W. Gallup for a conditional
use permit for a single-family development in the
AG-1 Agricultural District on a 47.4-acre parcel
located east of Knotts Island Road (Pungo Borough).
1. Letter from the City Manager transmits the
recommendation of the Planning Commission
for denial.
g. Application of Bruce W. Gallup requesting variances
to Sections 4.1(m), 4.4(d), 5.4, and 5.5 of the
Subdivision Ordinance which require minimum right--
of-way and pavement widths, direct access to a
public street, street lights, and curb and gutter.
He wishes to subdivide a 47.4-acre site, east of
Knotts Island Road, into nine lots. The lots
would average approximately 5.27 acres in size.
1. Letter from the City Manager transmits the
recommendation of the Planning Counission
for denial.
h. Application of John W. Whitehurst requesting
variances to Sections 4.4(b) and 4.4(d) of the
Subdivision Ordinance which require lot dimensions
to conform to the Comprehensive Zoning Ordinance
and that all lots created through subdivision have
direct access to a public street. Mr. Whitehurst
wishes to subdivide an approximate 52-acre
tract into two lots.
1. Letter from the City Manager transmits the
recommendation of the Planning Commission
for approval.
i. An Ordinance to amend and reordain Section 4.2
of the Subdivision Ordinance pertaining to
easements.
1. Letter from the City Manager transmits the
recommendation of the Planning Commission
for approval.
Application of Hubert C. and Shirley Gray for
closure of a portion of Little Haven Road (Lynn-
haven Borough).
1. Letter from the City Manager transmits the
recommendation of the Planning Commission
for approval.
ITEM II I. ORDINANCES
1. General
a. An Ordinance granting to Resort Satellite
Communications, Inc. the right and privilege
to construct, operate and maintain a cable
television system within the City of Vir-
ginia Beach.
2. City Code Amendments
a. An Ordinance to amend the Code of the City of
Virginia Beach, by adding a new Article numbered
V under Chapter 32 and two sections thereunder
numbered 32-60 and 32-61 relating to the vacation
of public streets, alleys, easements and the public
ways requiring a fee of one hundred dollars for
the processing of an ap l@ication for the vacation
of a public street, alley, easement and the public
ways and requiring the purcahse of public streets
or alleys by abutting property owners as a con-
dition of their vacation.
b. An Ordinance to amend and reordain Section 22-149
of the Code of the City of Virginia Beach pertain-
ing to removal and disposition of vehicles unlaw-
fully parked on private or City property.
J. UNFINISHED BUSINESS
K. NEW BUSINESS
L. ADJOURNMENT
1. Motion to adjourn.
Cit@
"WORLD'S LARGEST RESORT CITY"
CITY COUNCIL
MAYOR ). HENRY M,COY JR., D.D.S., X..p.@ill, B.-.gh
VICE-MAYOR liAROLD IIEISCHOBER. A, L.,g,
JOHN A. BAUM, B.-gb
F, REID ERVIN. A, L.,g@
BARBARA M. HENLEY, P..S. B.-gb
CLARENCE A. HOLLAND, M.D., B.y.id. S.@.gh
W. H. KITCHIN, Ill, Vigi.i. S-@b B...gb
REBA S. McCLANAN, P,i.c,,, A-. B .... h
DONALD W. MERRICK, Ly..b.... B...gh
MEYERA E. OBERNDORF, A, L.,g, 212 CITY HALL BUILDING
PATRICK L. STANDING, A, L.,g@ MUNICIPAL CENTER
VIRGINIA BEACH, VIRGINIA 23456
RUTH HODGES SMITH, Cil, CIIIA (804) 427-4303
CITY COUNCIL AGENDA
January 29, 1981
ITIM II FORMAL SESSION 4:00 p.m-
L. RECONVENE Formal Session RECESSED January 26, 1981
M. Roll Call of Council
T;. Motion to Recess into Executive Session
0. Unfinished Business
P. Adj ourrunent
1. Motion to adjourn.
M I N U T E S
VIRGINIA BEACH CITY COUNCIL
VIRGINIA BEACH, VIRGINIA
26 January 1981
A Special Meeting was called at Four o'clock in the afternoon preceding
the Regular Meeting of the City Council of the City of Virginia Beach
by Mayor J. Henry McCoy, Jr., and Vice Mayor Harold Heischober
for tbe purpose of recessing into EXECUTIVE SESSION for discussion of
the water situation and other matters. (Section 3.06 of the Charter
and Section 2-9 of the Code of the City of Virginia Beach).
Council Members Present:
John A. Baum, F. Reid Ervin, Vice Mayor Harold Heischober,
Barbara M. Henley, Clarence A. Holland, W. H. Kitchin, III,
Reba S. McClanan, Mayor J. Henry McCoy, Jr., Donald W.
Merrick, Meyera E. Oberndorf, and Patrick L. Standing
Council Members Absent:
None
ITEM #16147
Mayor McCoy entertained a motion to permit Council to conduct its
EXECUTIVE SESSION preceding the INFORMAL SESSION for the purpose
of discussing the following:
1. Discussion or consideration of employment, assignment,
appointment, promotion, demotion, salaries, discipline or
resignation of public officers, or employees of any public
body. (Personnel Matters).
2. Discussion or consideration of the condition, acquisition
or use of real property for public purpose, or other disposition
of publicly held property. (Acquisition, use or disposition of
publicly held property).
3. Consultation with legal Counsel and briefing by staff
members, consultants, or attorneys pertaining to actual or
potential litigation, or other legal matters within the
jurisdiction of the public body. (Legal Matters).
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Upon motion by Councilman Standing, seconded by Councilman Merrick,
City Council voted to recess into EXECUTIVE SESSION preceding the
INFORMAL SESSION
Voting: 11-0
Council Members Voting Aye:
Jobn A. Baum, F. Reid Ervin, Vice Mayor Harold Heischober,
Barbara M. Henley, Clarence A. Holland, W. H. Kitchin, III,
Reba S. McClanan, Mayor J. Henry McCoy, Jr., Donald W.
Merrick, Meyera E. Oberndorf, and Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
None
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ITEM #16148
City Council reconvened into the INFORMAL SESSION at 6:50 p.m., witb
the following Members of Council present:
John A. Baum, F. Reid Ervin, Vice Mayor Harold Heischober,
Barbara M. Henley, Clarence A. Holland, W. H. Kitchin, III,
Reba S. McClanan, Mayor J. Henry McCoy, Jr., Donald W.
Merrick, and Patrick L. Standing
Council Members Absent:
Councilwoman Meyera E. Oberndorf
ITEM #16149
Discussion on flag lots reviewed on a variance basis for 1980 was
DEFERRED ONE WEEK, and will be presented at the meeting of 2 February
1981.
ITEM #16150
Councilman Merrick advised Council of a City Policy whereby no citizen
is permitted to present slides on a zoning matter, and recommended that
Council permit the use of slides by citizens if they use their own
slides, projector and carousel, and, to limit the number of slides.
This will be done on a thirty day trial basis.
ITEM #16151
The City Manager advised Council that notices have gone to all citizens
who would have received a penalty for going over their water allocated
amount advising them of the penalty had the City imposed one.
The City Manager also advised Council of the meetings with the Innkeepers
and Restaurant Associations requesting they place notices on each table
regarding the water problems, pamphlets to be placed in all rooms, etc.
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F 0 R M A L A G E N D A
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
26 January 1981
7:15 p.m.
Council Members Present:
John A. Baum, F. Reid Ervin*, Vice Mayor Harold Heischober,
Barbara M. Henley, Clarence A. Holland, W. H. Kitchin, III,
Reba S. McClanan, Mayor J. Henry McCoy, Jr., Donald W.
Merrick, and Patrick L. Standing
Council Members Absent:
Meyera E. Oberndorf
INVOCATION: Reverend Virginia McClanan
Tabernacle Methodist Church
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
*COUNCILMAN ERVIN VOICED A "VERBAL" PRESENT
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M I N U T E S
ITEM II-D.1 ITEM #16152
Upon motion by Councilman Standing, seconded by Councilman Merrick,
City Council voted to APPROVE with a CORRECTION the Minutes of 19
January 1981.
ITEM #16144, page 55, left out of minutes
Voting: 10-0
Council Members Voting Aye.,
John A. Baum, F. Reid Ervin, Vice Mayor Harold Heischober,
Barbara M. Henley, Clarence A. Holland, W. H. Kitchin, III,
Reba S. McClanan, Mayor J. Henry McCoy, Jr., Donald W.
Merrick, and Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
Meyera E. Oberndorf
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R E S 0 L U T I 0 N S
D E F E R R E D C 0 M P E N S A T I 0 N P L A N
ITEM II-E.1 ITEM #16153
Upon motion by Councilman Merrick, seconded by Councilman Standing,
City Council voted to uphold the recommendation of the City Manager
and ADOPT the Resolution authorizing the City Manager to advertise
for the Deferred Compensation Plan.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, Vice Mayor Harold Heischober,
Barbara M. Henley, Clarence A. Holland, W. H. Kitchin, III,
Reba S. McClanan, Mayor J. Henry McCoy, Jr., Donald W.
Merrick, and Patrick L. Standing
Council Members Voting Nay:
None
Council Members kbsent:
Meyera E. Oberndorf
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At a meeting of the Council of the City of
Virginia Beach, held in the Council Chambers
on the 26 day of January , 1981,
the following resolution was adopted.
R E S 0 L U T I 0 N
WHEREAS, the City Council is of the opinion that a deferred
compensation plan may be beneficial to the employees of the City of Virginia
Beach; and
WHERFAS, Stanley E. Clarke and Associates, Inc., have submitted
a report concerning implementation of such a plan;
THEREFORE BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
TRAT the City Manager is authorized to submit the proposed
deferred compensation plan to the following agencies:
i) Internal Revenue Service
2) Deferred Compansation Commission of the
Commonwealth of Virginia
BE IT FURTHER RESOLVED:
THAT the City Manager is authorized to advertise and obtain bids
from any interested parties for the investment of deferred compensation assets.
The City Manager shall advertise once a week for two successive weeks in a
newspaper of general circulation in the City and any other newspaper that he
may designate.
ADOPTED: 26 Januarv 1981
JDB: er
1-8-81
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C 0 N S U M E R E D U C A T I 0 N P R 0 G R A M
ITEM II-E.2 ITEM #16154
Councilman Baum made a motion, seconded by Councilman Ervin, to uphold
the recommendation of the City Manager and ADOPT the Resolution
authorizing the City Manager to submit such materials as required to
the U. S. Department of Education to secure a Grant for consumer
oriented educational programs for the City of Virginia Beach.
Voting: 4- 6
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, W. H. Kitchin, III, and
Mayor J. Henry McCoy, Jr.
Council Members Voting Nay:
Vice Mayor Harold Heischober, Barbara M. Henley, Clarence A.
Holland, Reba S. McClanan, Donald W. Merrick, and Patrick L.
Standing
Council Members Absent:
Meyera E. Oberndorf
The motion to ADOPT the Resolution was LOST
- 9-
ITEM #16154(a)
Upon motion by Councilwoman Henley, seconded by Vice Mayor Heischober,
City Council voted to DENY the Resolution authorizing the City Manager
to submit such materials as required to the U. S. Department of Education
to secure a Grant for consumer oriented educational programs for the City
of Virginia Beach.
Voting: 9-1
Council Members Voting Aye: (for denial)
F. Reid Ervin, Vice Mayor Harold Heischober, Barbara M. Henley,
Clarence A. Holland, W. H. Kitchin, III, Reba S. McClanan, Mayor
J. Henry McCoy, Jr., Donald W. Merrick, and Patrick L. Standing
Council Members Voting Nay:
Jobn A. Baum
Council Members Absent:
Meyera E. Oberndorf
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R E S 0 L U T I 0 N
WHEREAS, The U.S. Department of Education provides grant-in-aid assistance
for consumer oriented educational programs, and
WHEREAS, the City of Virginia Beach has identified certain needs in the
area of consumer education that m uld benefit the citizenry of our community,
and
WHEREAS, the Division of Consumer Protection has formulated a project that
will provide a comprehensive consumer education program, and
WHEREAS, the subject program will assist greatly in reducing and resolving
consumer related issues and problems, and
WHEREAS, the consumer education programs will be funded at 100 percentum
on a reimbursable basis for a period of 12 months, and
WHEREAS, the subject program grant will be approximately $50,000 with
no local match required,
THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VIP.GINIA
BEACH:
That the City Manager be authorized to submit such materials as required
to the U.S. Department of Education to secure this grant for the City of
Virginia Beach.
DENIED BY CITY COUNCIL: 26 January 1981
APPROVED AS TO CONTENT
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P U B L I C H E A R I N G S
A M E N D M E N T C I T Y C H A R T E R
ITEM II-F.1 ITEM #16155
Upon motion by Councilman Standing, seconded by Councilman Merrick,
City Council voted to uphold the recommendation of the City Manager
and APPROVE the proposed amendment to the Virginia Beach City Charter,
reference: "Authority For Issuance of Bonds" as amended and shown in
Chapter 147, Section 6.05.1, Acts of the Assembly of 1962, amended:
"For purposes of computing the annual limitation on the
amount of Bonds or other obligations that may be issued
without a referendum, authorized and unissued Bonds or
other obligations which could have been issued without
a referendum on December 31 in the year they were autborized
may be issued in subsequent year without affecting the annual
limitation for such subsequent year."
Voting: 10-0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, Vice Mayor Harold Heischober,
Barbara M. Henley, Clarence A. Holland, W. H. Kitchin, III,
Reba S. McClanan, Mayor J. Henry McCoy, Jr., Donald W.
Merrick, and Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
Meyera E. Oberndorf
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PUBLIC NOTICE
Public Notice is hereby given that the Council of the City
of Virginia Beach, Virginia, will hold a PUBLIC HEARING on the 26th
day of January, 1981, at 7 o'clock p.m., in the Council Chambers of
the City Hall Building for the purpose of considering the proposed
amendment to the City Charter and submitting same to the General
Assembly.
Be it enacted by the General Assembly of Virginia.
1. That Section 6.05.1 as amended of Chapter 147 of the
Acts of Assembly of 1962 is amended and re-enacted as follows:
Section 6.05.1. Authority for issuance of bonds.
No bonds of the City shall be issued until their issuance
shall have been authorized by an Ordinance adopted by the affirmative
vote of two-thirds of all members of the Council and approved by the
affirmative vote of a majority of the qualified voters of the City
voting on the question at an election called and held for the purpose
in the manner provided by law for submitting any question or proposition
to the voters; provided, that bonds and other obligations shall not be
subject to the foregoing requirements if they are of a type excluded
from the computation of indebtedness of Cities and Towns under Section
10(a) of Article VII of the Constitution and are authorized and issued
so as to satisfy the conditions for exclusion set forth therein;
provided, further, that the Council may, without submitting the question
of their issuance to the qualified voters, issue bonds or other obligations
in any calendar year for any proper purpose is such amounts as shall not
increase the total indebtedness of the City, as determined in the manner
set forth in Section 10(a) of Article VII, by more than ten million
dollars above the amount of such indebtedness at the beginning of such
calendar year. For the purpose of this paragraph the terms "bonds",
"other obligations" and "indebtedness" shall not include contractual
obligations of the City other than bonds and notes.
-1 3-
For the purposes of computing the annual limitation on the amount of
bonds or other obligations that may be issued without a Referendum,
authorized and unissued bonds or other obligations which could have
issued without a Referendum on December 31 in the year th6y were
authorized may be issued in a subsequent year without affecting the
annual limitation for such subsequent year.
The total indebtedness of the City as determined in accordance
with the provisions of Article VII, Section 10 of the Constitution shall
not at any time exceed ten per centum of the assessed valuation of the
real estate in the City subject to taxation, as shown by the last
preceding assessment for taxes, nor shall the limitations imposed by
the preceding paragraph on the issua-nce of bonds or other obligations
in any calendar year without a Referendum be increased, until after such
questions shall have been submitted to the voters of the City in a
Referendum held pursuant to Section 3.09 of this Charter.
2. That an emergency exists and this Act is in force from
its passage.
Citizens who desire to address the City Council regarding
the proposed Amendment should register their names with the Office of
the City Clerk on or before 5:00 p.m., on Wednesday, January 21, 1981,
or register with the Deputy City Clerk at the City Clerk's desk in the
Council Chambers before the opening of the Public Hearing at 7:00 p.m.,
on Monday, January 26, 1981.
Ruth Hodges Smith
City Clerk
City of Virginia Beach
1/'-6/81
- 1 4-
C 0 M M U N I T Y D E V E L 0 P M E N T F U N D S
ITEM II-F.2 ITEM #16156
Tbe following spoke in favor of Community Development Funds:
Mrs. Elizabeth F. McClane, Secretary of the Citizens
Advisory Committee, presented a report to Council
Doctor Louis Guarnieri, Health Department Dentist,
requesting $8,500 for instruments and minor
equipment for two (2) dental trailers behind
Seatack Elementary School
Cairetha Tucker, requesting completion of water and sewer
in the Seatack area
Rosa Lee Norman,Seatack Civic League, concerned about
the Seatack Recreation Center
Susie Whitehurst,Citizens Advisory Committee, spoke
concerning the Seatack Recreation Center
Louis Speight,concerned with energy efficient homes in
the Seatack area
The following spoke in opposition to Community Development Funds:
Nathaniel Tucker, Seatack Civic League
John Perry, requesting Council draft an Ordinance stating
that in order to receive Rehabilitation Funds a house
must pass the Minimum Housing Code
Ella Mae Galst, United Civic League, requesting information
as to the approximate time the residents of Genterville
Turnpike will receive water and sewer; and, concerned
about the enlargment of Mount Trasbmore #2
Charles E. Williams, Seatack Civic League, inspection
of water and sewer line fees before and after installation
There being no furtber speakers, the Mayor closed the Public Hearing
on the Community Development funds.
The City Manager advised no action was necessary today; however,
will be forwarding to Council at a future date recommendations.
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C 0 N S E N T A G E N D A
ITEM II-G. ITEM #16157
Upon motion by Councilman Ervin, seconded by Councilman Baum, City
Council voted to APPROVE the CONSENT AGENDA by ONE MOTION.*
Voting: 10-0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, Vice Mayor Harold Heischober,
Barbara M. Henley, Clarence A. Holland, W. H. Kitchin, III,
Reba S. McClanan, Mayor J. Henry McCoy, Jr., Donald W.
Merrick, and Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
Meyera E. Oberndorf
1 26 81
*DUE TO THE ABSENCE OF THE DEPUTY, THE CITY CLERK VERBALLY CALLED
THE ROLL FOR THE CONSENT AGENDA
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ITEM II-G.1 ITEM #16158
Upon motion by Councilman Ervin, seconded by Councilman Baum, City
Council voted to uphold the recommendation of the City Manager and
APPROVE the request of Star of the Sea School for renewal of tbeir
Bingo/Raffle permit.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, Vice Mayor Harold Heischober,
Barbara M. Henley, Clarence A. Holland, W. H. Kitchin, III,
Reba S. McClanan, Mayor J. Henry McCoy, Jr., Donald W.
Merrick, and Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
Meyera E. Oberndorf
1 7-
ITEM II-G.2 ITEM #16159
Upon motion by Councilman Ervin, seconded by Councilman Baum, City
Council voted to uphold the recommendation of the City Manager and
APPROVE the request of the City Trea8urer for tax refunds in the
amount of $402.84.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, Vice Mayor Harold Heischober,
Barbara M. Henley, Clarence A. Holland, W. H. Kitchin, III,
Reba S. McClanan, Mayor J. Henry McCoy, Jr., Donald W.
Merrick, and Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
Meyera E. Oberndorf
M, NO. C.A, 7 1 8- 1/16/31 EMC
AN ORDINANCE AUTHORIZING TAX REFUNDS
UPON APPLICATION OF CERTAIN PERSONS
AND UPON CERTIFICATION OF THE TREASURER
FOR PAYMENT
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
I hat the following applications for tax refunds upon certification of the Treasurer are hereby approved:
NAME Tax Type Ticket Exonera. DatO Penalty I nt. Total
Year of Tax Number tion No. Paid
Stewart, Walter S. 80 pp 133539 11/12/80 13.50
Siry, Barbara 80 pp 133455 11/10/80 40.50
Moore, Betty R. 80 pp 130443 11/14/80 5.40
Waddell, Clifton 80 pp 133680 12/5/80 59.40
Tala, Remy M 80 pp 111722 6/5/80 272.04
Brenti, Umberto 80 Pkng. 43333 12/8/,80 12.00
Total 402.84
-.7
This ordinance shall be effective from date of adoption.
T'ie above abatement(s) totaling Ce nt;
@402. 84 were approved by
the Council of the City of Virginia
Beach on the 26 day of Januar
J@O asurer
Approved as to fj*m:
Ruth Hodges Smith
City Clerk
al B,-m@on-
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ITEM II-G. 3 ITEM #16160
Upon motion by Councilman Ervin, seconded by Councilman Baum, City
Council voted to uphold the recommendation of the City Mana@ger and
ADOPT ON SECOND READING the Ordinance to accept supplemental Grants
totaling $8629 from the Division of Justice and Crime Prevention and
to appropriate funds totaling $8629.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, P. Reid Ervin, Vice Mayor Harold Heischober,
Barbara M. Henley, Clarence A. Holland, W. H. Kitchin, III,
Reba S. McClanan, Mayor J. Henry McCoy, Jr., Donald W.
Merrick, and Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
Meyera E. Oberndorf
- 20 -
AN ORDINANCE TO ACCEPT SUPPLEMENTAL GRANTS
TOTALING $8629 FROM THE DIVISION OF JUSTICE
AND CRIME PREVENTION AND TO APPROPRIATE
FUNDS TOTALING $8629
WHEREAS, the Council of the City of Virginia Beach resolved
on March 24, 1980, to continue the Victim-Witness Program, which
assists victims and witnesses in understanding the operations and
procedures of the Criminal Justice System; and,
WHEREAS, the Council of the City of Virginia Beach resolved
on April 21, 1980, to continue the Major Violator Unit, which assists
the Commonwealths' Attorney to more effectively prosecute career
criminals and major violators charged with crimes; and,
WHEREAS, tbe Division of Justice and Crime Prevention (DJCP)
has approved supplemental funding to continue the above objectives,
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
That the City Manager is hereby authorized to accept these
supplemental Grant awards for the City, and funds are hereby appropriated
for the following purposes:
Estimated Revenue Local Total
From Other Agencies Match Appropriations
Victim-Witness Program $2653 $140 $2793
Major Violator Unit 5 544 2 92 5 8 36
Total $8197 $432 $8629
That the appropriations be financed by $8197 estimated revenue
from DJCP, and a local contribution of $432 from the City's Unappropriated
Fund Balance; and,
That a total of three (3) personnel positions be authorized for
the duration of these Grants, to be paid from these Grants, with classes
of employees to be determined by the City Manager.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the Twenty-Sixth day of January, 1981.
FIRST READING: 19 January 1981
SECOND READING: 26 January 1981
This Ordinance shall be effective from date of adoption
1/26/81
- 21 -
ITEM II-G.4 ITEM #16161
Upon motion by Councilman Ervin, seconded by Councilman Baum, City
Council voted to uphold'the recommendation of the City Manager and
ADOPT ON SECOND READING the Ordinance to accept a Grant totaling
$14,690 from the State Department of Health and to appropriate these
f und s.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, Vice Mayor Harold Heischober,
Barbara M. Henley, Clarence A. Holland, W. H. Kitchin, III,
Reba S. McClanan, Mayor J. Henry McCoy, Jr., Donald W.
Merrick, and Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
Meyera E. Oberndorf
- 2 2-
AN ORDINANCE TO ACCEPT A GRANT
TOTALLING $14,690 FROM THE STATE
DEPARTMENT OF HEALTH AND TO
APPROPRIATE THESE FUNDS
WHEREAS, the City of Virginia Beach wishes to comply with State
Health Department regulations by erecting a perimeter fence to stop paper
blowing from the Trashmore II Landfill, and
WHEREAS, the State Department of Health has approved funding to
accomplish the above objective,
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
That a grant be accepted and appropriated for the following purpose:
Estimated Revenue Total
From Other Agencies Appropriations
Solid Waste Grant $ 14,690 $ 14,690
That the appropriation be financed by $14,690 estimated revenue from
the State Department of Health with no local match required.
Adopted by the Council of the City of Virginia Beach, Virginia on
the 26 day of January 1981.
FIRST READING: 19 January 1981
SECOND READING: -26 January 1981
This ordinance shall be effective upon date of adoption.
- 2 3-
ITEM II-G.5 ITEM #16162
Upon motion by Councilman Ervin, seconded by Councilman Baum, City
Council voted to uphold the recommendation of the City Manager and
ADOPT ON SECOND READING the Ordinance to loan funds of $85,000 to
the Virginia Beach Maritime (Historical) Society.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, Vice Mayor Harold Heischober,
Barbara M. Henley, Clarence A. Holland, W. H. Kitchin, III,
Reba S. McClanan, Mayor J. Henry McCoy, Jr., Donald W.
Merrick, and Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
Meyera E. Oberndorf
- 24-
AN ORDINANCE TO LOAN FUNDS OF $85,000
TO THE VIRGINIA BEACH MARITLME MUSEUM
WHEREAS, the Virginia Beach City Council has authorized the
Virginia Beach Maritime Museum, Inc., to operate a Maritime Museum in
a portion of the renovated Old Coast Guard Station at 24th Street;
and,
WHEREAS, the City has expended over $160,000 of an estimated
total project cost of $250,000 in the relocation and renovation of the
Old Coast Guard Station; and,
WHEREAS, the Virginia Beach Maritime Museum will provide an
educational service to our Community of our maritime heritage; and,
WHEREAS, the Board of Directors of the Virginia Beach Maritime
Museum, Inc., has requested of the City an immediate loan of $85,000
to perform inside renovations of the building which are necessary for
the Museum to be operational this summer.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH that funds of $85,000 be loaned from the General
Fund Balance to the Virginia Beach Maritime Museum, Inc., at an
interest rate of 8.3725% per annum on the unpaid balance with principal
repayments as follows:
Date of Remaining
Principal Amount of Principal
Payment Repayment Principal Balance
1 7/1/85 $17,000 $68,000
2 7/1/86 1 7, 000 51 , 000
3 7/1/87 17,000 34,000
4 7/1/88 17,000 17,000
5 7/1/89 17,000 -
$ 8 5, 000
BE IT FURTHTR ORDAINED that such loan be evidenced by notes
and authorized by Resolution of the Board of Directors and signed by
the Chief Executive Officer.
Adopted by the Council of the City of Virginia Beach, Virginia,
on the Twenty-Sixth day of January, 1981.
FIRST READING: 19 January 1981
SECOND READING: 26 January 1981
- 2 5-
P L A N N I N G A G E N D A
ITEM II-H.l.a ITEM #16163
A letter was received from Attorney Phillip G. Denman requesting this
application be DEFERRED FOR ONE WEEK.
Upon motion by Councilman Standing, seconded by Vice Mayor Heischober,
City Council voted to DEFER FOR ONE WEEK (2 February 1981), the
application of HAYDEN R. AND PATRICK S. McQUILKIN for a Conditional
Use Permit, as per the following:
Ordinance upon application of Hayden R. and Patrick S.
McQuilkin for a Conditional Use Permit for a single
family dwelling on certain property located on the
South side of Drum Point Road beginning at a point
1165.29 feet East of Muddy Creek Road, running a dis-
tance of 131.14 feet along the South side of Drum Point
Road, running a distance of 1360.23 feet along the
Eastern property line, running a distance of 395.77 feet
along the Southern property line and running a distance
of 1348.88 feet along the Western property line. Said
parcel contains 5.145 acres. PUNGO BOROUGH.
Voting: 10-0
Council Members Voting Aye: (for deferral)*
John A. Baum, F. Reid Ervin, Vice Mayor Harold Heischober,
Barbara M. Henley, Clarence A. Holland, W. H. Kitchin, III,
Reba S. McClanan, Mayor J. Henry McCoy, Jr., Donald W.
Merrick, and Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent;
Meyera E. oberndorf
*DUE TO THE ABSENCE OF THE DEPUTY, THE CITY CLERK VERBALLY CALLED THE
ROLL ON THIS ITEM
- 26-
"V I R G I N I A B E A C H B I K E W A Y P L A N"
ITEM II-H.2.a ITEM #16164
Mr. Robert J. Scott, Planning Director, presented the following report
on the "Virginia Beach Bikeway Plan".
Mr. Scott advised Council,"on the 'flip chart', that this is a draft
of a Plan, which bas already been reviewed and recommended for approval
by the Planning Commission with a number a changes on it, which I will
get to. We bave also contacted, as far as I know, every interested
civic league in the City, and worked with them to the best of our
ability. We feel that we have their input as well.
"There are a number of changes, which have been made on this Plan, which
is current and do not show up in the draft that you have. They are here.
We added sections recommended by the Planning Commission on Van Buren
Drive, Pembroke Boulevard, Diamond Springs Road, Northampton Boulevard,
and Shore Drive. We have added the section of Virginia Beach Boulevard
between North Lynnhaven Road and Great Neck Road. We have removed, in
the Thoroughgood area, the bike route through Thoroughgood from
Independence Boulevard all the way, really, to First Court Road, and we
have removed a bikepath in the Charlestowne Lakes area that had been on
the Plan.
"Let me speak a little bit about this because this is really the heart
of the whole thing. We have, in regard to the Thoroughgood area, we're
also requested by the Planning Commission to look into some alternative
routes for providing bikepaths in there. I can tell you after
investigating every suggestion made, and every other suggestion we could
come up with, that there is no other feasible alternative. It would be
very costly from a right-of-way acquisition point-of-view, or
construction point-of-view. We don't feel that they would be feasible.
"We have already briefed the Planning Commission and the City Council
on many of these tbings, and I will just, very briefly, hit on some
of tbe highlights instead of going through them in detail.
"One very important point we emphasize safety throughout this whole
proceeding . We feel it's a very important aspect of tbe Plan, and
we try to provide the safest possible Bike-Plan for the residents of
the City, because we recognize that bicyclists of all types, not just
experts, but all age groups and all levels of expertise are probably
going to be using this thing. It's been designed for that broad
spectrum of citizens and not for any particular group. It can be
expanded in phases. We, certainly, as you can see, there are a great
number of bikeways on there. Nobody expects tbat this is going to be
built in the next two decades, or anything like that. This is something
that's going to be built over many, many years, and will be amended many
times, I'm sure, in the future. Wben it can be expanded in phases to
complement the existing bikeways as well as those that are under
construction now, or will be under construction in the future. We
have gone over this list of criteria. I believe that you are familiar
with them. Again, I emphasize, safety is one of the most important
ones, and that's the reason that's listed first.
I do want to take just a minute to emphasize the difference between
Class I, Class II, and Class III because that's the key to the color
code that you see on this map.
2 7-
Class I - is separated from the main travel arterial
by some space, depending on what's available in the area.
It's a separate facility, usually 4 feet by 6 feet in
width, or perhaps even larger than that; not shared with
pedestrians. It's something all by itself. This is a
prime type of route, one which we would recommend using
in high-traffic volume areas, and areas where we expect
a great number of bicycles. It is, obviously, at the
same time the costliest, but safest.
Class II - is a bikeway shared with motor vehicles.
We can accommodate a Class II bikeway by simply striping
the roadway. Very inexpensive. Somewhat less safe, I
would say. But there are many roads in the City where
this is perfectly acceptable due to the low volume of
automobile traffic on these roads. We can accomplish
this with a bucket of paint. That's all it's going to
take to put in a Class II bikeway of this type.
Class III - involves local streets. Nothing more than a
sign, and that's even less expensive, identifying this
as a bicycle route, one which we think, through our
planning, is a safe way for bicyclists to get from one
area to another by simply putting up a bikeway sign.
"I might also mention that another type of Class II bikeway, which
involves a wide sidewalk and this will come into play in many
neighborhoods throughout the City. Of course, that will take some
expense in making that sidewalk a few feet wider than it is right
now.
'@s far as implementation is concerned, again, we do not expect to do
this immediately. It will be built over many, many years and through
many different sources of funding. We can begin immediately, in fact,
we already have begun. There's a possibility that at some point in
time the bikeway may even be included in the Capital Improvements
Program as one possible source of funding. It can be built in con-
junction with State and Federal financed road projects and, also,
the third possibility through Grants. We have already received our
first Grant under this Program. We received it about five or six
months ago, specifically for the improvement of the Bicycle Loop in
the Great Neck Road, Laskin Road, Atlantic Avenue, Shore Drive area,
in the amount of approximately $75,000. We are underway at the present
time in implementing that Grant.
"We hope to be applying in the next year for many more of these, and if
we are as successful as we have been in our first application, this will
be a viable source of funding for the Bicycle Program in the future.
"Tbat concludes the presentation of the Bicycle Plan, together with the
amendments which were recommended to you by tbe Planning Commission,
those three or four changes I mentioned earlier. That is what is
before you today. I might mention that Mr. Jack Jennings, who has
expressed bis regrets at not being able to be here tonight, has worked
many long hours with us on this. He had anotber meeting and was not
able to be here. He wanted you to know tbat, and he has expressed,
asked me to express to you, his concern about the Virginia Beach
Boulevard Corridor, with the idea that he does favor this and would
like to have more emphasis placed on the Virginia Beach Boulevard
Corridor with the possibility of expanding the bikeway along that
proposed road project."
2 8-
The following appeared before Council regarding this matter:
.Carolyn Dettrick, Chesopeian Colony, commended the
City of Virginia Beach for instituting tbe
Bike Trail Study
Robert Smith, Chesapeake Beach Civic League, requesting
Pleasure House Road be considered for a Bike Trail.
Attorney Richard Broudy, representing residents of
Thoroughgood, requesting Bike Trails be deleted
in that area.
Douglas Hines, Thoroughgood property owners, requesting
Thoroughgood be deleted from the Bikeway Plan
E.-C. Womack, requesting a Bike Trail be deleted in his
neighborhood, representing Thoroughgood
Upon motion by Councilman Baum, seconded by Councilman Merrick, City
Council voted to uphold the recommendation of the Planning Commission
and ADOPT the proposed Bikeway Plan to include the following
recommendations:
1. Add Van Buren Drive (Class III), Pembroke Boulevard
(Class II), Diamond Springs Road Extended/Goodman Road
(Class II), Northampton Boulevard Connector (Class I, II
III), Shore Drive (Class I).
2. Add Virginia Beach Boulevard (Class I), from North
Lynnhaven Road to Great Neck Road; AND, to study the
possibility of a Bike Trail being included from Great
Neck Road to the Norfolk City Line, on Virginia Beach Blvd.
3. Study the possibility of a Bike Trail being included
on Pleasure House Road, North of Northampton Boulevard.
4. Delete Five Forks Road and Beaufain Boulevard.
5. Delete the subdivisions of Charlestowne, Charlestowne
Woods, Charlestowne Lakes, Charlestowne Lakes South, and
Charlestowne East.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, Vice Mayor Harold Heischober,
Barbara M. Henley, Clarence A. Holland, W. H. Kitchin, III,
Reba S. McClanan, Mayor J. Henry McCoy, Jr., Donald W.
Merrick, and Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
Meyera E. Oberndorf
- 2 9-
ITEM II-H.2.b ITEM #16165
Jack Osmond appeared in bebalf of tbe applicant
The following appeared in opposition:
Mrs. Martba Clukey, Wolfsnare Acres Civic League,
presented petitions with 177 signatures in
opposition to this rezoning
Mr. Lowell Hartsell
Upon motion by Councilman Merrick, seconded by Councilwoman McClanan,
City Council voted to uphold the recommendation of the Planning
Commission and DENY the application of FIRST COLONIAL MEDICAL AND
PROFESSIONAL BUILDINGS for a ChanRe of Zoninlz District Classification,
per the following:
ordinance upon application of First Colonial Medical and Professional
Buildings for a Change of ZoninR District Classification from R-4
Residential District to 0-1 Office District on certain property lo-
cated on the North side of Wolfsnare Road beginning at a point 433.76
feet West of First Colonial Road, 147.73 feet along the North side of
wolfsnare Road, 214.19, feet along the Western property line, running a
distance of 79.39 feet along the Northern property line and running a
distance of 196.10 feet along the Eastern property line. Said parcel
contains .275 acre. LYNNHAVEN BOROUGH.
Voting: 10-0
Council Members Voting Aye: (for denial)
John A. Baum, F. Reid Ervin, Vice Mayor Harold Heischober,
Barbara M. Henley, Clarence A. Holland, W. H. Kitchin, III,
Reba S. McClanan, Mayor J. Henry McCoy, Jr., Donald W.
@rrick, and Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
Meyera E. Oberndorf
- 30-
ITEM II-H.2.c ITEM #16166
COUNCILMA@ ERVIN LEFT COUNCIL CHAMBERS
VICE MAYOR HEISCHOBER LEFT COUNCIL CHAMBERS
A letter was received requesting this matter be withdrawn.
Upon motion by Councilman Standing, seconded by Councilman Holland, City
Council voted to permit WITHDRAWAL of the application of ELEANOR B. CROSBY
for a Change of Zoninp District Classification, as per the following.
Ordinance upon application of Eleanor B. Crosby for a Change of Zoning
District Classification from B-1 Business-Residential Dis, rict to A-4
Apartment District on certain property located on the South side of
Shore Drive beginning at a point 2100 feet more or less East of Diamond
Springs Road, running a distance of 190 feet along the South side of
Shore Drive, running a distance of 600 feet along the Eastern property
line, rmning a distance of 210 feet more or less along the Southern
property line and running a distance of 520 feet along the Western pro-
perty line. Said parcel contains 2.5 acres. BAYSIDE BOROUGH.
Voting: 8-0
Council Members Voting Aye:
John A. Baum, Barbara M. Henley, Clarence A. Holland, W. H.
Kitchin, III, Reba S. McClanan, Mayor J. Henry McCoy, Jr.,
Donald W. Merrick, and Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
F. Reid Ervin, Vice Mayor Harold Heischober, and Meyera E.
Oberndorf
- 31-
ITEM II-H.2.d ITEM #16167
COUNCILMAN ERVIN RETURNED TO CHAMBERS
VICE MAYOR HEISCHOBER RETURNED TO CHAMBERS
Attorney Thomas C. Broyles appeared in behalf of the applicant
Mr. C. J. Marois, landlord, appeared in favor
Mr. Renato R. Pasqualino appeared in his behalf
Mr. Robert Smith, resident of Chesapeake Beach, appeared in
opposition
Upon motion by Councilman Holland, seconded by Councilman Standing,
City Council voted to APPROVE the application of RENATO R. PASQUALINO
for a Conditional Use Permit, as per the following; AND, to WAIVE the
following conditions for one year:
1. Standard improvements as required by the Site Plan Ordinance.
2. City water and sewer.
3. Right-of-way improvements are necessary along both Pleasure
House Road and Lake Drive; this includes pavement widening,
curb and gutter, sidewalk, and drainage facilities.
APPROVAL IS TO INCLUDE THE FOLLOWING PROVISIONS:
1. Approval is for a period of ONE YEAR.
2. Landlord must clean up left side of property.
3. No more than two (2) vehicles permitted on outside of
building.
4. All repair work is to be performed within a building.
ORDINANCE UPON APPLICATION OF RENATO R. PASQUALINO R0180364
FOR A CONDITIONAL USE PERMIT FOR AN AUTO REPAIR
ESTABLISHMENT
BE IT ORDAINED BY THE COUNCIL OF TBE CITY OF VIRGINIA BEACH, VIRGINIA:
Ordinance tipon application of Renato R. Pasqualino for a Conditional
Use Permit for an auto repair establishment on certain property lo-
cated at the Southwest corner of Pleasure House Road and Lake Drive,
running a distance of 100 feet along the West side of Pleasure House
Road, running a distance of 100 feet along the Southern property line,
rtmning a distance of 100 feet along the Western property line and
running a distance of 100 feet along the South side of Lake Drive.
Said parcel contains .229 acre. BAYSIDE BOROUGH
- 3 2-
Approval is subject to the following provisions in conjtmction
with the intended use of the land:
1. Approval is for a period of ONE YEAR.
2. Landlord must clean up left side of property.
3. No more than two (2) vehicles permitted on outside of
building.
4. All repair work is to be performed within a building.
THE FOLLOWING PROVISIONS HAVE BEEN WAIVED BY CITY COUNCIL FOR ONE YEAR.
1. Standard improvements as required by the Site Plan Ordinance.
2. City water and sewer.
3. Right-of-way improvements are necessary along both Pleasure
House Road and Lake Drive; this includes pavement widening,
curb and gutter, sidewalk, and drainage facilities.
This Ordinance shall be effective from date of adoption.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the Twenty-Sixth day of January, 1981
Voting: 8-2
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, Vice Mayor Harold Heiscbober,
Barbara M. Henley, Clarence A. Holland, W. H. Kitchin, III,
Mayor J. Henry McCoy, Jr., and Patrick L. Standing
Council Members Voting Nay:
Reba S. McClanan, and Donald W. Merrick
Council Members Absent:
Meyera E. Oberndorf
- 3 3-
ITEM II-H.2.e ITEM #16168
Mr. Randy Coles appeared in behalf of the applicant
Upon motion by Councilman Holland, seconded by Vice Mayor Heischober,
City Council voted to uphold the recommendation of the Planning
Commission and APPROVE the application of THE SOUTHLAND CORPORATION
for a Conditional Use Permit, as per the following:
ORDINANCE UPON APPLICATION OF THE SOUTH-LAND CORPORATION R0180365
FOR A CONDITIONAL USE PERMIT FOR AN AUTOMOBILE GASOLINE
STATION
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
Ordinance upon application of The Soutbland Corporation for a
Conditional Use Permit for an automobile gasoline station on
certain property located at the Northeast corner of Northampton
Boulevard and Baker Road, running a distance of 185 feet along
the North side of Northampton Boulevard, running a distance of
138 feet along the Eastern property line, running a distance of
182 feet along the Northern property line and running a distance
of 250 feet along the East side of Baker Road. Said parcel
contains .817 acre. BAYSIDE BOROUGH.
Approval is subject to the following provisions in conjunction with
the intended use of the land:
1. Standard improvements as required by the Site Plan Ordinance.
2. City water and sewer.
3. An adequate drainage outfall with any necessary downstream
improvements and easements is required.
4. Right-of-way improvements are necessary along both Baker
Road and Northampton Boulevard; this includes pavement
widening, curb and gutter, sidewalk, and drainage
facilities.
5. Compliance with Article 2, Section 224 of the Comprehensive
Zoning Ordinance pertaining to Automobile Service Stations.
6. Curb-cuts are to be a maximum of 35-feet in width.
7. A dedication of right-of-way 30-feet from the centerline of
the existing variable widtb right-of-way along the 250 foot
frontage on Baker Road (a variable dedication).
This Ordinance shall be effective from date of adoption.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the Twenty-Sixth day of January, 1981
34-
Voting: 10-0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin*, Vice Mayor Harold Heischober,
Barbara M. Henley, Clarence A. Holland, W. H. Kitchin, III,
Reba S. McClanan, Mayor J. Henry McCoy, Jr., Donald W.
Merrick, and Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
Meyera E. Oberndorf
*COUNCILMAN ERVIN VOICED A "VERBAL" AYE.
- 3 5-
ITEM II .2.f/ ITEM #16169
Mr. Bruce W. Gallup appeared in behalf of the applications requesting
they be withdrawn.
Upon motion by Councilman Standing, seconded by Councilman Merrick,
City Council voted to permit WITHDRAWAL of the application of BRUCE
W. GALLUP for a ConditionAl Use Permit for single family development
in the AG-1 Agricultural District;
AND, a variance to Sections 4.1(m), 4.4(d), 5.4 and 5.5 of the
SUBDIVISION ORDINANCE.
Ordinance upon application of Bruce W. Gallup for a Conditional
Use Permit for single family development in the AG-1 Agricultural
District on certain property located 564 feet more or less East of
Knotts Island Road beginning at a point 1050 feet more or less
South of the Nortbern extremity of Knotts Island, running a dis-
tance of 1722.87 feet along the Western property line, rtmning a
distance of 1602.8 feet along the Soutbern property line, running
a distance of 1800.07 feet along the Eastern property line, rtmning
a distance of 570.50 feet in a Southwesterly direction and running a
distance of 560.7 feet in a Northwesterly direction. Said parcel
contains 47.4 acres. PUNGO BOROUGH
Appeals from Decisions of Administrative Officers in regard to
certain elements of the Subdivision Ordinance, Subdivision for
Bruce W. Gallup. Property located East of Knotts Island Road,
1050 feet more or less South of the Northern extremity of
Knotts Island. Plats with more detailed information are avail-
able in the Department of Planning.
The applicant requests variances to Sections 4.1(m), 4.4(d), 5.4
and 5.5 of the Subdivision Ordinance, which requires minimum right-
of-way and pavement widths, direct access to a public street, street
lights, and curb and gutter. The applicant wishes to subdivide a
47.4 acre site, East of Knotts Island Road, into nine (9) lots.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, Vice Mayor Harold Heischober,
Barbara M. Henley, Clarence A. Holland, W. H. Kitchin, lil,
Reba S. McClanan, Mayor J. Henry McCoy, Jr., Donald W.
Merrick, and Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
Meyera E. Obemdorf
- 3 6-
ITEM II-H.2.h ITEM #16170
Walter A. Whitehurst appeared in behalf of the application
Upon motion by Councilwoman Henley, seconded by Councilman Baum, City
Council voted to uphold the recommendation of tbe Planning Commission
and APPROVE tbe request of John W. Whitehurst for VARIANCES, as per
the following, subject to the following condition:
1. Approval is contingent upon the sale of the back
portion of land to an adjoining property owner who
does have access to a public street.
2. At tbe time of the sale a vacation of the lot lines
will be required.
Appeal from Decisions of Administrative Officers in regard to certain
elements of the Subdivision Ordinance, Subdivision for John W.
Whitehurst. Property located on the West side of Princess Anne Road,
1310 feet South of Indian River Road. Plats with more detailed
information are available in the Department of Planning.
The applicant requests variances to Section 4.4(b) and 4.4(d) of the
Subdivision Ordinance which requires lot dimensions to conform to the
Comprehensive Zoning Ordinance and that all lots created through
subdivision have direct access to a public street. The applicant
wishes to subdivide an approximate 52-acre tract into two (2) lots.
Approval is subject to the following provisions:
1. Approval is contingent upon the sale of tbe back
portion of land to an adjoining property owner who
does have access to a public street.
2. At the time of the sale, a vacation of the lot lines
will be required.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, Vice Mayor Harold Heischober,
Barbara M. Henley, Clarence A. Holland, W. H. kitchin, III,
Reba S. McClanan, Mayor J. Henry McCoy, Jr., Donald W.
Merrick, and Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
Meyera E. Oberndorf
- 3 7-
ITEM II-H.2.i ITEM #16171
Upon motion by Councilman Ervin, seconded by Councilman Holland, City
Council voted to uphold the recommendation of the Planning Commission
and APPROVE the Ordinance to amend and reordain Section 4.2 of the
Subdivision Ordinance pertaining to Easements.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, Vice Mayor Harold Heischober,
Barbara M. Henley, Clarence A. Holland, W. H. Kitchin, III,
Reba S. McClanan, Mayor J. Henry McCoy, Jr., Donald W.
Merrick, and Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
Meyera E. Oberndorf
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AN ORDINANCE TO AMEND AND REORDAIN
SECTION 4.2 OF THE SUBDIVISION ORDINANCE
PERTAINING TO EASEMENTS
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA:
That Section 4.2, Easements, of the Subdivision ordinance is
amended and reordained as follows:
4.2 Easements
(a) Easements for utilities and drainage shall be
provided, unless waived in writing by official
having cognizance of the requirement, across
lots or overlapping or adjoining rear of side
lot lines, and shall be of whatever width is
necessary to provide for installation of such
utilities or drainage and for access for
maintenance, provided, however, that no such
easement shall be less than 10 feet wide. In
the case of any waiver to this requirement as
outlined above, conditions or safeguards may
be attached to the grading plan as necessary
to assure proper drainage in the area.
Adopted by the Council of the City of Virginia Beach, Virginia,
on the Twenty-Sixth day of January, 1981.
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ITEM II-H.2.j ITEM #16172
Attorney -Donald C. Kilgore appeared in behalf of the applicants
Upon motion by Councilman Merrick, seconded by Vice Mayor Heischober,
City Council voted to uphold the recommendation of the Planning
Commission and ADOPT the Ordinance closing, vacating and discontinuing
a portion of an unnamed street, if it be a street, adjoining Lot 19,
Subdivision of Little Haven, as shown on a certain plat attached hereto.
Hubert C. Gray and Shirley Gray are the applicants requesting closure.
Voting: 10-0
Council Members Voting Aye:
John A. Bam, F. Reid Ervin, Vice Mayor Harold Heischober,
Barbara M. Henley, Clarence A. Holland, W. H. Kitchin, III,
Reba S. McClanan, Mayor J. Henry McCoy, Jr., Donald W.
Merrick, and Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
Meyera E. Oberndorf
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IN RE: CLOSING, VACATING AND DISCONTINUING A PORT10N OF
AN UNNAMED STREET, IF IT BE A STREET, ADJOINING
LOT 19, SUBDIVISION OF LITTLE HAVEN, AS SHOWN ON
A CERTAIN PLAT ATTACHED HERETO.
WHEREAS, it appearing by affidavit that proper notice has been
given by Hubert C. Gray and Shirley Gray, that they would make application
to the City Council of the City of Virginia Beach on the 5th day of
January, 1981, to have the hereinafter described property discontinued
as a street and closed and vacated; and,
WHEREAS, it is the judgment of the City Council that the said
property be discontinued as a street and vacated and closed as provided
by law.
NOW, THEREFORE,
SECTION I
BE IT ORDAINED by the Council of the City of Virginia Beach,
Virginia, that the hereinafter described property be discontinued as a
street and closed and vacated:
All that certain piece or parcel of land, which may be
a street, located in the City of Virginia Beach, Virginia,
described with reference to a certain plat entitled "Replat
Showing Subdivision of Little Haven, Princess Anne County,
Virgini,a", recorded in the Clerk's Office of the Circuit
Court of the City of Virginia Beach, Virginia, in Map Book
21 at Page 65, as follows:
Being bounded on the North and West by a dask (or broken)
line joining Little Haven Road with a Circle Road (which
Circle Road was closed by Ordinance adopted by the Council
of the City of Virginia Beach, Virginia, on January 27, 1969),
said dash (or broken) line having an arc distance of 95 feet;
being bounded on the East by an extension to the South of the
Eastern boundary line of Lot 19, as shown on the aforesaid
Subdivision plat; and being bounded on the West and South by
the Northern right-of-way line of the aforesaid Circle.
SECTION II
A certified copy of this Ordinance shall be recorded in the
Clerk's Office of the Circuit Court of the City of Virginia Beach,
Virginia, and indexed in the name of the City of Virginia Beach.
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SECTION III
This Order shall be in effect from the date of its passage.
Adopted by the Council of the City of Virginia Beach, Virginia,
on the Twenty-Sixth day of January, 1981.
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ORDINANCE APPOINTING VIEWERS
WHEREAS, Hubert C. Gray and Shirley Gray have given due and
proper notice in accordance with the Statute for such cases made and
provided that they will on the Fifth day of January, 1981, apply to
the City Council of the City of Virginia Beach, Virginia, for the
appointment of Viewers to view that below described property and report
in writing to the Council whether, in the opinion of the said Viewers,
any, and if any, what inconvenience would result from the discontinuance
of the hereinafter described portion of property that may be a street
adjoining Lot 19, as shown on the Subdivision of Little Haven, and has
filed such application with the Council.
NOW, THEREFORE, be it ordained by the Council of the City
of Virginia Beacb, Virginia: Tbat
C. Oral Lambert
David M. Grochmal
Robert J. Scott
are hereby appointed to view the below described property and report in
writing to the Council on or before 1 1981, whether,
in their opinion, any, and if any, what inconvenience would result in
the discontinuance and vacating of a portion of a certain unnamed street
located in the City of Virginia Beacb, Virginia, and more particularly
described as follows:
All that certain piece or parcel of land, which may be
a street, located in the City of Virginia Beach, Virginia,
described with reference to a plat entitled "Replat
Showing Subdivision of Little Haven, Princess Anne Gotmty,
Virginia", recorded in the Clerk's Office of the Circuit
Court of the City of Virginia Beach, Virginia, in Map Book
21 at Page 65, as follows:
Being bounded on the North and West by a dash (or broken)
line joining Little Haven Road with a Circle Road (which
Circle Road was closed by Ordinance adopted by Council of
the City of Virginia Beach, Virginia, on January 27, 1969),
said dash (or broken) line having an arc distance of 95
feet; being bounded on the East by an extension to the
South of the Eastern boundary line of Lot 19, as shown on
the aforesaid subdivision plat; and, botmded on the West
and South by the Nortbern right-of-way line of the
aforesaid Circle Road.
All of the above as shown on the plat which is attached hereto,
made a part hereof and intended to be recorded with the Ordinance closing
the aforedescribed street.
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VIRGINIA: BEFORE THE COUNCIL OF THE CITY OF VIRGINIA BEACH
IN RE: CLOSING, VACATING AND DISCONTINUING A PORTION OF AN
UNNAMED STREET, IF IT BE A STREET, ADJOINING LOT 19,
SUBDIVISION OF LITTLE HAVEN, AS SHOWN ON A CERTAIN
PLAT ATTACHED HERETO
P E T I T I 0 N
TO: THE HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL:
Your Petitioners, Hubert C. Gray and Shirley Gray,
respectfully represent the following matter:
1. They are the record title owners of Lot 19 and the
closed portion of a Circle Road adjacent thereto, as shown on a
certain plat entitled "Replat Showing Subdivision of Little Haven,
Princess Anne Co un ty, Virginia" , rec or ded in the Clerk ' s Office of
the Circuit Court of the City of Virginia Beach, Virginia, in Map Book
21, at Page 65. Said Circle Road was closed by Ordinance adopted by
this Council on January 27, 1969, on behalf of the Petitioners herein
and is recorded in the aforesaid Clerk's Office in Deed Book 1101 at
Page 100.
2. The recorded plat of the subdivision aforesaid discloses
as a dash (or broken) line to the South of Lot 19 adjoining the said
Circle Road with Little Haven Road, said dash line lying to the North
of the said Circle Road.
3. No legend appears on the recorded plat, nor is there
any thing of record of this small jib parcel of land lying between
the dash (or broken) lines and the Northern right-of-way line of Circle
Road and Little Haven Road ever having been dedicated as a public street.
4. Petitioners have acquired all the right, title and
interest of Little Haven Corporation, the developer of the subdivision
aforesaid, to all the aforedescribed property, but there remains an
outstanding cloud on their title as to whether or not this property
constitutes a dedicated street. Said parcel is shown more particularly
on the attached plat.
5. If this said parcel is considered as a dedicated street,
it has never been used as same, and no inconvenience will result to any
person by reason of this Council closing, vacating and discontinuing same
as a street.
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6. That on the 30th day of October, 1980, notice of the
presenting of this application was posted at the Courthouse of the
Circuit Court of the City of Virginia Beach, Virginia, on the premises
to be closed and at the City Hall Annex, 19th Street and Arctic Avenue,
Virginia Beach, Virginia, as evidenced by an affidavit attached hereto,
and a copy of the said notice.
7. Petitioners are the fee simple owners of all land
adjoining and adjacent to the affected portion of property to be closed
and consequently are the only landowners affected by the same.
WHEREFORE, Petitioners pray that Council appoint Viewers
as provided by Section 15.1-364 of the Code of Virginia to view the said
property proposed to be closed and to report promptly to this Council
as to whether, in the opinion of the Viewers, what inconvenience, if any,
would result from the discontinuance and closing of the said property
as a street, as herein reported, and that after receipt of such report
by this Council, an Ordinance be adopted closing and vacating the said
property as a street.
HUBERT C. GRAY AND SHIRLEY GRAY
By /s/ Donald C. Kilgore
Of Counsel
DONALD C. KILGORE
Cooper, Davis, Kilgore, Parker,
Leon & Fennell, P.C.
500 Central Fidelity Bank Building
Post Office 1475
Portsmouth, Virginia 23705
Counsel for Petitioners
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0 R D I N A N C E S
C A B L E T E L E V I S I 0 N S Y S T E M
ITEM II-I.l.a ITEM #16173
Upon motion by Councilman Ervin, seconded by Councilman Merrick, City
Council voted to DEFER INDEFINITELY the Ordinance granting to Resort
Satellite Communications, Inc., the right and privilege to construct,
operate and maintain a cable television system within the City of
Virginia Beach.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, Vice Mayor liarold Heischober,
Barbara M. Henley, Clarence A. Holland, W. H. Kitchin, III,
Reba S. McClanan, Mayor J. Henry McCoy, Jr., Donald W.
Merrick, and Patrick L. Standing*
Council Members Voting Nay:
None
Council Members Absent:
Meyera E. oberndorf
*COUNCILMAN ST&NDING VOICED A "VERBAL" AYE
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AN ORDINANCE PROPOSING TO GRANT TO THE
PERSON OR PERSONS OR TO THE CORPORATION
HEREAFTER TO BE ASCERTAINED IN THE MODE
PRESCRIBED BY LAW, THE RIGHT AND PRIVI-
LEGE TO CONSTRUCT, OPERATE AND MAINTAIN
A CABLE TELEVISION SYSTEM WITHIN THE
CITY OF VIRGINIA BEACH FOR THE TERM AND
UPON THE CONDITIONS HEREINAFTER STATED
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA:
An Ordinance proposed to grant to the person or persons or to
the Corporation hereafter to be ascertained in the mode prescribed by
law, the right and privilege to construct, operate and maintain a cable
television system within the City of Virginia Beach for the term and
upon the conditions hereinafter stated.
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CATV ORDINANCE
1. Purpose
The purpose of this Ordinance is to provide for the regulation of
CATV systems in the City of Virginia Beach in the public interest
in accordance with all State and Federal laws.
2 . Definitions
A. "City Manager" means the office of the City Manager or its agent.
B. "City" means the City of Virginia Beach.
C. "Council" means the City Council of Virginia Beach.
D. "Community Antenna Television System" shall mean a system of
antennas, cables, wires, lines, towers, waveguides, laser
beams or any other conductors, converters, equipment or facilities
designed, constructed or operated for the purpose of producing,
receiving, amplifying, modifying, and distributing, in whole or
in part by audio, video, and other forms of electronic or
electrical signals to and from subscribers and locations in and
outside of the City of Virginia Beach, Virginia. It may also be
referred to as "Broadband Cable Communications System."
E. "Franchise" means and includes any authorization granted hereunder
in terms of a franchise, privilege, permit, license or otherwise to
construct, operate, and maintain a CATV system in Virginia Beach.
F. "Grantee" means the person, firm or corporation to whom or to
which a franchise is granted by City Council under this Ordinance,
or anyone who succeeds said person, firm or corporation in
accordance with the provisions of this franchise.
G. "Streets" means the public streets, avenues, highways, boulevards,
concourses, driveways, bridges, tunnels, parks, parkways, waterways,
docks, bulkheads, wharves, piers, alleys, all other public rights-
of-way and easements, and the public grounds, places or waters
within or belonging to the City.
H. 1] "Total Gross Receipts" shall mean any and all compensation
and other consideration collected or received or in
gained or derived by grantee from the operation of its CATV
system.
21 "Total Subscriber Revenue" or "Gross Subscriber Revenue" shall
mean any and all compensation and other consideration in any form
paid by a subscriber and received by the Grantee arising from the
sale of its regular monthly service to its subscribers within the
City. In computing said sum, however, any sales, service, rent,
occupational or other excise tax shall not be included to the
extent such taxes are charged separately in addition to the
regular monthly service charge and are remitted by Grantee to the
taxing authority.
I. "FCC" means the Federal Communications Commission.
J. "Residential Subscriber" means a purchaser of service delivered
over the system to an individual dwelling unit, where the service
is not to be utilized in connection with a business, trade or
profession.
K. "Subscriber" means a purchaser of service delivered over the
system.
1/26/81
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L. 1] "Basic Service" means the delivery by the Grantee of those
audio and visual signals required by the FCC to be carried on a
CATV system and any broadcast television signals allowed by the
FCC to be carried on a CATV system.
2] "Additional Service" means any communications service other
than Basic Service, provided over its system by the company
directly or as a carrier for its subsidiaries, affiliates, or
any other person engaged in communications services including,
by way of example, but not limited to, burglar alarm, data or
other electronic intelligence transmission, facsimile reproduction,
meter reading, and home shopping.
M. "Channel" means a frequency band 6 MHZ in width which is capable
of carrying a standard broadcast audio-video television signal;
further, its definition shall include the following classes/types
of channels, as specified by FCC regulations:
1] Class I cable television channel: A signalling path provided
by a cable television system to relay to subscribing terminals
television broadcast programs that are received off-the-air or
are obtained by microwave or by direct connection to a television
broadcast station.
21 Class II cable television channel: A signalling path provided
by a cable television system to deliver to subscriber terminals
television signals that are intended for reception by a television
broadcast receiver without the use of an auxiliary decoding device
and which signals are not involved in a broadcast transmission path.
31 Class III cable television channel: A signalling path provided
by a cable television system to deliver to subscriber terminals
signals that are intended for reception by equipment other than a
television broadcast receiver or by a television broadcast receiver
only when used by auxiliary decoding equipment.
41 Class IV cable television channel: A signalling path provided
by a cable television system to transmit signals of any type from
a subscriber terminal to another point in the cable television
system.
N. "Passed by the CATV System" means the construction of the system
in a given area has been completed to the degree that no major
construction is required to provide Basic Service upon request.
0. "Public Access Channel" means a channel on the system which is
reserved for use by the public on a dedicated, non-commercial,
nondiscriminatory basis, in accordance with the rules of FCC.
P. "Education Access Channel" means a channel on the system which
is reserved for use by educational authorities designed by the
City, in accordance with the rules of the FCC.
Q. "Local Government Access Channel" means a channel on the system
wbich is reserved for the use by the City, in accordance with the
rules of the FCC.
R. "Access Channels" includes all public, education, local government,
and leased channels.
S. "Leased Access Channel" means a channel on the system which is
reserved for carriage of program material provided by persons who
lease channel time from the grantee, including the unused portion
of the public, education, and local government access channels.
T. The total number of subscribers shall be determined as follows:
In the event a single fee is paid for sp-rvice to a multiple
dwelling unit, the number of equivalent subscribers shall be
determined by dividing such fee by tbe then prevailing residential
subscriber rate and rounding the resulting quotient to the nearest
whole number. To this number shall be added the number of all
other subscribers.
U. "Year" means any period of 365 consecutive days.
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V. "Initial Service Area" means that portion of the City where
energized trunk cable shall be extended and service shall be
made available to all persons desiring said service within
five (5) years after the receipt of a Certificate of Compliance
from the FCC.
W. "A:pplicant" means any person, firm, corporation, or other entity
who or which applies for a cable television franchise pursuant
to this Ordinance.
X. "Application Form" means the standard form, incorporated herein
by reference and made a part hereof, which must be completed and
submitted by each applicant in order to apply for a cable
television franchise pursuant to this Ordinance.
Y. "Principal" means, for the purposes of this Ordinance and the
application form, any person, group of persons acting in concert,
firm, corporation, or other entity who or which owns or controls
3% or more of an applicant's capital stock or is a member of the
applicant's Board of Directors.
3. Franchise Required; Duration' Exclusivity; Rights of Parties;
Renegotiation of Franchise Terms.
A. The City shall grant a franchise for the use of the streets within
the City for the construction, operation and maintenance of a CATV
system. No system shall be allowed to occupy or use the streets of
the City nor shall any system be allowed.to operate without a CATV
franchise. A CATV franchise may be awarded by Ordinance only after
the Grantee's legal, character, financial, technical, and other
qualifications and the adequacy and feasibility of its construction
arrangements have been approved by the City as a part of a full public
proceeding affording interested parties due process.
B. 1] The franchise shall be granted for a term of fifteen years;
thereafter, after full public hearing(s), and according to the
franchise-renewal procedure that follows, the franchise may be
renewed for such term as in the opinion of Council will serve the
public interest.
21 Procedure to consider franchise renewal.
a] Thirteen months before expiration of the franchise,
a CATV Evaluation Committee whose membership shall consist
of members of the community and from City administrative
staff shall be appointed by the City Council to review the
performance of the franchise and the content of the CATV
Ordinance.
b] After giving public notice, the Committee shall proceed
to determine whether the operator has satisfactorily
performed his obligations under the franchise. To
determine satisfactory performance, the Committee shall
look at the technical developments and performance of the
system, programming, other services offered, cost of service,
and any other particular requirement set in the Ordinance
such as the availability of programming equipment and
personnel to aid access channel users; also, among other
measurements, the Committee shall consider the franchise's
annual reports made to the City or the FCC. The participation
of the public and of the Grantee shall be permitted during
these considerations.
c] A four month period shall be provided to determine the
grantee's eligibility for renewal.
d] The Committee shall then prepare with two months any
amendments to the Franchise Ordinance that it believes
necessary.
e] The Committee shall submit recommendations with regard
to [1] renewal of the franchise, [21 changes to the franchise
and [31 amendments to the Franchise Ordinance to City Council
for its consideration.
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f] If the City Council finds the Grantee's performance
satisfactory, a new franchise may be granted pursuant to
the Ordinance as amended.
91 In the event the current Grantee is determined by City
Council to have performed unsatisfactorily, new applicants
may be sought and evaluated by the CATV Evaluation Committee
and the franchise award made by City Council according to
CATV franchising procedures adopted by the City Council.
h] In conjunction with the cancellation and/or expiration
of the franchise, and independent of any finding made by
City Council that the current Grantee's performance has been
or has not been satisfactory, City Council reserves the right
to make a franchise to a new Grantee following franchising
procedures adopted by City Council.
i] No determination of unsatisfactory past performance may
be made unless the Grantee has had full notice of the
possibility of such findings and a chance to be heard; the
determination itself shall be supported by complete written
findings of fact. In the event of such a finding, the Grantee
shall be compensated in an amount equal to the fair market
value of the system as a going concern, determined by
arbitration, either through purchase of the system by the
City pursuant to Section 17 hereof or payment to him of that
amount by the new Grantee.
C. The franchise, rights, and privileges granted pursuant to this
Ordinance are not exclusive and nothing in this Ordinance shall be
construed to prevent a Grant by the City of a similar franchise, right
and privileges to other persons or corporations
D. The right is hereby reserved to the City to adopt, in addition
to the provisions contained herein and in existing applicable Ordinances,
such additional regulations as it shall find necessary in the exercise
of its police power, provided, however, that nothing in this provision
shall operate to deprive or curtail the rights and privileges of the
Grantee as granted by this franchise and provided further that such
regulations be pursuant to a Public Hearing to which the Grantee shall
be given notice.
E. 1] Scheduled Renegotiation Sessions. The City and the Grantee
shall hold scheduled renegotiation sessions within thirty [30] days
prior to the third, sixth, ninth, and twelfth anniversary dates of the
Grantee obtaining certification for the system from the FCC. All such
renegotiation sessions shall be open to the public and shall be announced
by the City in a newspaper of general circulation at least five [5] days
before each session.
21 Special Renegotiation Sessions. Special renegotiation sessions
may be held at any time during tbe term of the franchise, provided that
both the City and the Grantee shall mutually agree on the time, the place
and the topics to be renegotiated. All such renegotiation sessions shall
be open to the public and announced in a newspaper of general circulation
at least five [51 days before each session.
3] Topics to be Negotiated. The following topics shall be
discussed at every scheduled renegotiation session: service rate
structures; free or discounted services; application of new technologies;
system performance; services provided; programming offered; customer
complaints, privacy and human rights; amendments to this Ordinance;
undergrounding progress; and, judicial and FCC rulings.
Topics, in addition to those listed, may be added if agreed upon by
both parties. Mem-oers of the general public may add topics either by
working through the negotiating parties, or by presenting a petition.
If such a petition bears the valid signatures of fifty [501 or more
qualified electors of the City, the proposed topic or topics shall be
added to the list to be discussed at the renegotiation session.
4] Required Financial Information. At all renegotiation sessions,
the Grantee shall provide the annual report for all years completed,
containing full cash flow information. Supplemental financial information
regarding the operations of the Grantee and the system shall be promptly
supplied by the Grantee upon the request of the City.
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5] Fact Finding and Arbitration Permitted. Any matter which is
disputed during a renegotiation session may be submitted to fact finding
or arbitration at the election of one of the parties, as provided in the
Section herein entitled "Arbitration."
61 Di:spute Over Financial Conditions. Should a dispute arise over
whether financial condition of the Grantee as reported pursuant to this
Section is in accord with generally accepted accounting practices and
principals as practiced in the CATV industry, tben such dispute shall be
submitted to fact findirig or arbitration as provided in the Section
entitled "Arbitration."
71 Disclosure After Renegotiation Session. The City shall at the
conclusion of all renegotiation sessions issue a public statement
announcing all agreements that were reached by the parties as a result
of the renegotiation.
4. Use of the Street.
A. The Grantee shall have the right to use the streets of the City
for the construction, operation, and maintenance of a CATV as prescribed,
regulated, and limited by provisions of this Ordinance and by State, Local,
and Federal Law, both present and future.
B. The right granted shall allow the grantee to construct, erect,
maintain, and operate such poles, conduits, towers, manholes, subways,
wires, cables, appliance, and equipment necessary for the safe and
efficient operation of a CATV system; provided, that:
i. The Grantee shall utilize the facilities of utilities and
subways wherever practicable.
ii. In no case may the Grantee install poles where underground
facilities are in use by utility companies without approval
of the City Manager or without the consent of the agency or
department designated by the City Manager to give such consent,
su@ject to any limitations or restrictions determined to be in
the public interest.
iii. Nothing in this Section shall be construed to act as a waiver of
the power of the City to require by Ordinance the substitution of
underground service for overhead service in areas where the
electric and/or telephone companies place their service under-
ground.
iv@, Nothing in this Section shall be construed to relieve the Grantee
from its obligation to pay any fees or rent for its use of
facilities of the City, utility companies or other legal entities.
C. The Grantee shall not erect or install, move, alter or change the
location of any pole, tower, wire, conduit, subway, line, manhole, cable or
equipment in any street, alley or other public place of the City or dig, cut
or disturb any street, alley or other public place of the City unless
prior written notice of its intention so to do is given to such department
or agency of tbe City as shall have been or may be designated by the City
Council and permission in writing so to do is granted by such department or
agency or such requirement is waived by sucb department or agency. Such
permission shall be conditioned upon compliance with the terms, conditions,
provisions, and limitations of this franchise and with such other terms
provisions, conditions, and limitations as will preserve, protect, and
promote the safety of the public using the streets, alleys, and other
public places of the City as will prevent interference with or obstruction
of the use of streets, alleys, and other public places by the City or by
any other public utility or public service corporation for their
respective purposes and functions. Such permission shall also be
conditioned upon such other terms, provisions, conditions, and limitations
as will preserve, protect, and promote the health, safety, and general
welfare of the City and its citizens subject to the lawful exercise of
the police power.
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D In the event of the relocation, construction, reconstruction,
maintenance or repair by the City of any of its facilities or services
now or hereafter acquired, and including but not limited to any street,
alley or other public place, sewer, electric, water, fire alarm, police
communications or traffic control facilities or any part thereof, or in
the event-access to any street, alley or other public place to or from
any property of the City is required, and it is necessary to move, alter
or relocate, either permanently or temporarily, any of the Grantee's
poles, towers, wires, appliances, conduits, subways, lines, manholes,
cables, or equipment or any part thereof in the public right-of-way,
in order for the City to relocate, construct, reconstruct, maintain or
repair any such facility, service, street, alley or other public place
or any such sewer or electric, water, fire alarm, police communication
or traffic control facility, or any part thereof, or to obtain access
to or from such property, upon notice from the City, the qrantee will
move, alter, or relocate such pole, tower, appliance, conduit, subway,
line, manhole, cable or equipment or part thereof, at its own cost and
expense; and should the Grantee fail, refuse or neglect to comply with
such notice, such pole, tower, wire, appliance, conduit, subway, line,
manhold, cable or equipment or part thereof may be removed, altered or
relocated by the City at a cost of the Grantee and the City shall not
be liable to the Grantee for damages resulting from such removal, alteration
or relocation.
E. The Grantee shall at no cost to the City erect, install, and
maintain on any of its poles, towers, wires, appliances, conduits, subways,
lines, manholes, cables or equipment in or near the streets, alleys, and
other public places of the City such reasonable devices to appraise or
warn persons using the streets, alleys, and other public places of the
existence of such poles, towers, wires, appliances, conduits, subways,
manholes, lines, cables or equipment as shall be from time to time
reasonably prescribed or approved for purposes of public safety by
such department or agency of the City as shall have been or may be
designated for the purpose by the City Council and permission in writing
so to do is granted by such department or agency or such requirement is
waived by such department or agency.
F. The Grantee shall have the right to reMOve, trim, cut and keep
clear of its poles, towers, wires, and other overhead appliances and
equipment, the trees in and along the streets, alleys, and other public
places of the City, provided it first obtain a written permit from the
City so to do, except in cases of emergency and further provided that in
the exercise of such right, the Grantee shall not cut, remove, trim or
otherwise injure such trees to any greater extent than is necessary for
the installation, maintenance, and use of such poles, towers, wires, and
other overhead appliances.
G. The Grantee in the exercise of any right granted to it by this
franchise, shall at no cost to the City, promptly reconstruct, replace,
restore or repair any facility or service of the City, now or hereafter
acquired, including but not limited to any street, alley or other public
place, sewer, electric, water, fire alarm, police communication or traffic
control facility or any part thereof which may be damaged, disturbed or
destroyed by the exervice of any such right, in the manner, with such
materials and to the satisfaction of such department or agency as shall
have been or may be designated by the City Council and permission in
writing so to do is granted by such department or agency or such require-
ment is waived by such department or agency, provided that should tbe
Grantee fail to comply with these requirements the City shall have the
right to carry out the provisions of this paragraph and Grantee shall
reimburse the City for all expenses incurred in so doing.
5. Maintenance of the System.
A. The Grantee shall at all times employ ordinary care and shall
install and maintain devices or systems for preventing failures and
accidents which are likely to cause damage, injuries or nuisances to
the public.
B. The Grantee shall install and maintain its wires, cable, fixtures,
and other equipment so as not to interfere with the equipment of any
tuklity of the City or any other entity lawfully and rightfully using
the conduit, pole, subway or other part of the right-of-way.
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D. All conductors, cables, towers, poles, and other components of
the system shall be located and constructed by tbe grantee as to provide
minimum interference with access by adjoining property owners to the
streets and public ways nor shall any pole or other fixtures of the Grantee
placed in the public way interfere with the usual travel in such public
way.
E. D@ring the term of this franchise and any renewal thereof the
Grantee shall maintain within the City a local business office for the
purpose of receiving and resolving all complaints regarding the quality
of service, equipment malfunctions, billing disputes and similar matters.
The local business office shall be open to receive inquiries and complaints
during normal business hours, and in no event less than 9:00 a.m. to
5:00 p.m., Monday through Friday. In addition, the Grantee shall maintain
a twenty-four answering service and a qualified technician on call to that
service so that any interference with the operation of the system,
excluding those of individual instrumentalities on private property, shall
be corrected immediately. The Grantee shall respond to all service calls
dealing with the malfunctioning of equipment in the possession of the
subscriber within twenty-four (24) hours and correct malfunctions as
promptly as possible, but in all cases not longer than forty-eight (48)
hours af ter notif ication thereof , except in circumstances beyond the
control of the Grantee. Grantee shall keep a maintenance service log
which shall indicate the nature of each service complaint, and the date
and time thereof. This log shall be made available for periodic inspection
by the City Manager or his designated representative.
F. Except in an emergency, the Grantee may interrupt service for
maintenance and repair service only after notifying all subscribers at
least forty-eight (48) hours in advance and only during periods of
minimum use.
G. The Grantee is hereby prohibited from leasing, selling or
repairing television and radio receivers
6. Construction and Technical Standards; initial Service Area; Extension
of Service Area.
A. Within sixty [601 days after accepting a franchise, the Grantee
shall submit to the FCC an application for Certificate of Compliance,
along with all necessary supporting materials. The City Manager shall
be given a copy of all documents so filed.
B. The Grantee shall commence construction within ninety [90] days
after the receipt of a Certificate of Compliance from the FCC.
C. The Initial Service Area, as defined in Section 2 of this
Ordinance, shall include all property within Virginia Beach North of
the trace of the following described line:
Beginning at a point at the intersection of the City's Western
boundary with Chesapeake and Providence Road; thence South on the
City's Western boundary with Chesapeake to its intersection with
Interstate 64; thence North along Interstate 64 to its intersection
with the Western boundary of Level Green Subdivision; thence South
along the Western boundary and East along the Southern boundary of
Level Green Subdivision to its intersection with West Centerville
Turnpike; thence South along West Centerville Turnpike to its
intersection with Kempsville Road; thence North of Kempsville Road
to its intersection with the West boundaries of the Wood Tract and
Charlestown Subdivision; thence South along the West boundary of the
Charlestown Subdivision and generally Northeast along the South
boundaries of the Charlestown, Brigadoon, and Lake Christopher
Subdivisions to its intersection with Indian River Road; thence
South along Indian River Road to its intersection with the South
boundary of the Rosemont Farms Subdivision; thence North along the
South boundary of Rosemont Farms Subdivision and east along Recreation
Drive to its intersection with Salem Road; thence East along the line of
Recreation Drive extended to its intersection with Princess Anne Road;
thence South along Princess Anne Road to its intersection with North
Landttown Road; thence North along North Landstown Road to its
intersection with Holland Road and the Starling Farm Subdivision;
thence East along the South boundady of the Starling Farm Subdivision
to its intersection with proposed Canal No. 2; thence South along
the line of proposed Canal No. 2 to its intersection with the West
boundary of Colony Acres Subdivision; thence South along the West
boundary and East along the South boundary of Colony Acres Subdivision
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to its intersection with London Bridge Road; thence East along London
Bridge Road to its intersection with Harper Road; thence North along
Harper Road to its intersection with Harper's Square Subdivision;
thence Southwest along the Northern boundary and South along the
Western boundary of Harper's square and Derby Run Subdivisions,
and North along the Northeastern boundaries of Derby Run Subdivision
to its intersection with Harper Road; thence North along Harper Road
to its intersection with Oceana Boulevard; thence South along Oceana
Boulevard to its intersection with Prosperity Road; thence East
along Prosperity Road to its intersection with General Booth Boulevard;
thence North along General Booth Boulevard to its intersection with
Croatan Road; thence East along Croatan Road to its intersection
with the Atlantic Ocean. "This Initial Service Area Shall
include the property abutting both sides of the street which form the
line."
Additionally, the Initial Service Area shall include the areas
represented by the trace of the line commencing at the City's North
Landing Elementary School and Vocational-Technical High School on
North Landing Road and continuing Eastward along North Landing Road
to its intersection with Princess Anne Road; thence East along
Princess Anne to its intersection with Holland Road; thence North
along Holland Road to and including Court House Forest Subdivision;
thence North along Holland Road to the City's Kellam High School;
additionally, from the intersection of Princess Anne Road and Holland
Road Eastward along Princess Anne Road to its intersection with
Seaboard Road; thence South along Seaboard Road to its intersection
with Lee Roy Drive; thence West along Lee Roy Drive to its ending.
The lnitial Service Area as described above shall exclude any
properties of Federal and State ownership; however, these areas
of Federal and State ownership may be serviced at the discretion
of the Grantee.
The Initial Service Area as described above shall be serviced
at tbe discretion of the Grantee.
The Initial Service Area as described above shall be serviced wither
by a direct cable line or by microwave, at the option of the Grantee.
The Initial Service Area as described above is shown on the map,
entitled "Initial Service Area Map," which is attached hereto and
made a part hereof.
D. Within the Initial Service Area, the Grantee shall accomplish
significant construction and make service available throughout a minimum
of 20% of said area within one year after receiving a Certificate of
Compliance from the FCC. Thereafter, the Grantee shall equitably and
reasonably extend energized trunk cable and make service available
throughout at least an additional 20% of said area each year. Service
shall be made available throughout the entirety of the Initial Service
Area not later than five [51 years after receipt of the Certificate of
Compliance from the FCC. As additional subscribers become available
within the Initial Service Area, due to the construction of new
buildings, the Grantee shall extend energized trunk cable and make
service available as expeditiously as possible to ensure that all
persons within the Initial Service Area have cable service available
at all times throughout the term of the franchise.
E. Outside the Initial Service Area, the Grantee shall extend its
plant and make service available as rapidly, as economically, and
technically feasible. At every scheduled renegotiation session, the
Grantee shall give economic and technical reasons for continuing not
to make service available to all persons within the City. All persons
affected by this policy shall be given an opportunity to be heard at
the renegotiation sessions. When discussing this issue, the City and
the Grantee shall consider low cost construction techniques, variable
fee structures, and all other ideas which might permit the immediate
extension of plant and service of 100% of the potential subscribers.
In addition to any extension arrangements negotiated with the Grantor,
the Grantee may negotiate with potential subscribers in areas of
marginal linear density for an equitable sharing of costs to extend
the cable television system into said marginal areas. Such negotiations
may include, but not be limited to, various levels of construction costs,
profitability, rate of return, installation fees, and monthly subscription
fees.
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F. The Grantee shall operate the CATV system and maintain all
technical standards as contained in its bid and shall continue to so
operate and maintain tbe CATV system until such time as the FCC
promulgates new technical standards for CATV systems, at which time
the City Council may adopt such standards.
G. The Grantee agrees to conform to all FCC technical requirements
for cable TV systems.
H . The Grantee shall design and construct the plant in such a
manner as to provide technical capacity for two-way digital
communications.
7. Services.
A. The system shall initially provide channel allocations and
programming services as bid by the successful bidder; and said channel
allocations and programming services shall be a condition of the franchise.
Further, the system shall initially provide wither a minimum of twenty
channels or a number as may be required by the FCC, whichever is greater.
Present channel allocations required by the FCC are as follows:
i. UHF and VHF broadcast channels required by the FCC . . . all
ii. Local Government Access Channel . . . . . . . . . . . . 1
iii. Education Access Channel . . . . . . . . . . . . . . . . 1
iv. Public Access Channel . . . . . . . . . . . . . . . . . 1
V. Leased Access Channel . . . . . . . . . . . . . . . . . remainder
B. The Grantee agrees that if any other number of access channels
other than leased channels is offered to be dedicated for any purpose
including but not limited to, those mentioned above, it will file along
with the information required to receive a Certificate of Compliance as
required by Section 7A of this Ordinance a request for a waiver of the
application of federal regulation #47 C.F.R. Section 76.251.
C. The operating rules established by the Qrantee for the Public
Access, Education Access, and Leased Access Channels shall be submitted
to the Office of the City Manager for review and comment before filing
with the FCC.
D. The City shall establish operating rules and procedures for the
Local Government Access Channel or Channels.
E. The Grantee shall provide Basic Service and one free outlet
to each of the following public facilities: all courthouses, prisons,
reformatories, detention centers, public hospitals, police and fire
stations, municipal offices, and public schools which are passed by
the CATV system as defined in this Ordinance. The Grantee shall provide
service to new construction hereinafter provided for the above public
facilities. The City of Virginia Beach reserves the right to provide
service to public facilities outside of the franchised area at its own
expense, including technical expansion expenses.
F. ln the event of an emergency or disaster, the Grantee shall,
upon the request of the City Manager or his designated agent, make
available its facilities to the City of Virginia Beach for emergency
use for the duration of such emergency or disaster.
G. The Grantee shall dedicate additional access Channels, channels
for origination cablecasting, and all facilities and services as required
by the FCC.
8. Rates
A. The initial residential rates for installation, monthly television
and FM radio service, as well as the initial rates for commercial and
multiple dwelling subscribers, shall be as bid by the successful bidder
and accepted by City Council after its review, and after a public hearing
has been held prior to the award of the franchise; provided that all
bids shall conform to the minimum requirements of this Section.
B. The Glrantee shall not charge a disconnect fee.
C. The Grantee may collect a security deposit from each subscriber
at a rate which is uniform.
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D. Changes in rates form Basic Service shall be authorized by the
City only after consideration at the scheduled renegotiation sessions
provided for in Section 3E above. Such changes in rates shall be
adopted by the City, by written Resolution, only after a Public Hearing
which shall be announced by written notice published in a newspaper of
general c:Lrculation at least ten [10] days before the date of the hearing.
A request for a change in rates may be initiated by either the Grantee or
the City. Such requests shall be a matter of public record and shall
be accompanied by written justification for the change.
E. For service from either overhead or underground feeder cable,
in the event tbe distance from the centerline of the street, alley,
or easement occupied by the feeder cable to any outlet at tbe subscribers
set exceeds 150 feet. the Grantee may make an additional charge not to
exceed the actual direct cost to the Grantee attributable to such distance
in excess of 150 feet, For underground service from an overhead cable,
the Grantee may charge, in addition to the charge stated above, the
difference between the Grantee's incurred variable cost of providing
underground facilities and the estimated cost of constructing equivalent
aerial facilities.
F. The Grantee may petition the City Council for a review of any
rate, or notify Council of a desire to initiate a new service at any
time. Council may defer final action on such request until such time
as in the discretion of Council will serve the public interest;
provided, however, that in no event shall such delay in final action
extend more than three [31 months from the date of any such petition.
G. Except as provided herein, no landlord shall demand or accept
payment from Grantee in exchange for permitting cable television service,
on or within said landlord's property or premises. Upon application to
the City by a landlord, a copy of which shall be served upon the grantee,
the City may approve the payment of a reasonable fee to compensate the
landlord for direct expenses attributable to the installation of the cable
television service. The Grantee shall be a necessary party to any such
determination and shall be afforded an opportunity to comment upon or
oppose such application.
9. Compensation
A. The Grantee shall pay, as compensation to the City, an annual
fee of 3% of its gross subscriber receipts. In the event that it is
determined that the FCC lacks the jurisdiction to impose the 3%
limitation on franchise fees, or that the limit be raised or the fee
basis is changed to allow revenues from other than subscriber receipts
to be used in calculating the fee, then the franchise fee shall be
subject to renegotiation. In the event that the parties cannot agree
upon a new franchise fee, the matter will be submitted to arbitration.
Any resulting award shall be retroactive.
B. The Grantee shall pay the above fee to the City in quarterly
installments, such payments to be made to the Treasurer of the City
of Virginia Beach within thirty [30] days after the quarter ends, on
such forms as the Treasurer may require.
C. Each year during which the franchise is in force, the grantee
shall file with the City no later than fifteen [15] days after the
actual filing date of the grantee's Federal Income Tax Returns, a
complete financial statement covering the grantee's operations,
including a balance sheet, a profit and loss statement, and such other
accounting statements as may be determined necessary by the City,
prepared by a Certified Public Accountant according to generally accepted
accounting principles, and showing in detail amoung other things, gross
receipts and gross subscriber revenue as defined herein, and the net
operating profit of the grantee during the fiscal year covered by the
financial statement.
D. In the event that payment is not made on or before the applicable
date set in Paragraph B of this Section, interest on such payment or
portion thereof shall accrue to the City from such date at one percent
above the average annual prime interest rate prevailing in the City.
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E. No acceptance of any payment shall be construed as a release or
as an accord and satisfaction of any claim the City may have for further
or additional sums payable under this Ordinance.
F. Nothing contained in this Ordinance shall be construed to
exempt th@ grantee from any tax, levy or assessment which is now or
which may hereafter be authorized by law.
10. Reports
A. Within six months of the date of its acceptance of its franchise,
the grantee shall submit to the City Manager a plan reflecting the date(s)
on which the Grantee plans to complete installation of the CATV system
within the various parts of the City. The City may, from time to time,
require such additional reports on the progress of construction or other
information as it may deem necessary.
A. Copies of any agreements, reports, petitions or other documents
filed with or received from any local, state or federal government
relating to the Grantee's operation within the City shall be filed with
the City Manager within five [51 days.
11. Books and Records of the Grantee
A. The Grantee shall maintain an office in the City for so long as
it continues to operate the system or any portion thereof and shall
designate such office as the place where all notices, directions, orders,
and requests may be served or delivered under this Ordinance. The City
Manager or City Council shall be notified of the location of such office
or any change thereof.
B. The Grantee shall keep complete and accurate books of account
and records of its business and operations under and in connection with
the Ordinance franchise. All such books and records shall be maintained
at the Grantee's office in the City.
C. Within ten [10] days after giving written notice, the City
Manager shall have access to all books of account and records of the
Grantee for the purpose of ascertaining the correctness of any and all
reports and shall be given access to all supplementary financial and
engineering records upon request.
D. Any false entry in the books of account or records of the
Grantee or false statement in the reports to the City as to a material
fact, knowingly made by the Grantee shall constitute the breach of a
material provision of the Ordinance and franchise.
12. Liability for Damages
A. The Grantee agrees and binds itself to indemnify, keep and hold
free and harmless the City from any and all liability or costs pertaining
thereto arising from any activities herein authorized, in that the Grantee
shall pay, and by its acceptance of this franchise the Grantee
specifically agrees that it will pay all damages and penalties which
the City may be legally required to pay as a result of granting this
franchise. These damages or penalties shall include but shall not be
limited to damages arising out of copyritht infringements and all other
damages arising out of installation, operation or maintenance of the
CATV system authorized herein whether or not any act or omission
complained of is authorized, allowed or prohibited by this franchise.
B. The Grantee shall pay and by its acceptance of this franchise
specifically agrees that it will pay all expenses incurred by the City
in defending itself with regard to all damages and penalties mentioned
in Subsection A above. These expenses shall include all out-of-pocket
expenses, such as attorney fees, and shall also include the reasonable
value of any service rendered by the City Attorney or his asslistants or
any employee of the City.
The Grantee shall file with the City, prior to commencement of
the construction of the CATV system and thereafter maintain in full-force
and effect at all times for the full term of the franchise, at the.expense
of the Grantee, a comprehensive liability insurance policy naming the City
of Virginia Beach as additional insured, written by a company author.ized
to do business in the State of Virginia, in a form approved by the C@ity
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Attorney, protecting the City against liability for loss or personal
injury and property damage occasioned by the installation, rem6val,
maintenance or operation of the CATV system by the (-'.rantee in the
following minimum amounts:
$500.,OOO for property damage, any one occurrence
$1,000,000 for property damage - aggregate
$500,000 for any personal injuries to any one person
$1,000,000 for personal injuries in any one occurrence
Additionally, an endorsement shall be effected to eliminate the
XCU exclusion.
The Grantee shall also file with the City a comprehensive automobile
liability policy written by a company authorized to do business in the
State of Virginia, in the amounts set forth above, for all owned and
hired vehicles operated by the grantee.
All liability insurance required in this section shall be kept in
full force and effect by the Grantee during the existence of the
franchise and until after the removal of all poles, wires, cables,
underground conduits, manholes, and other conductors and fixtures
incident to the maintenance and operation of the CATV system as defined
in this Ordinance.
13. Security Fund
A. Within thirty days after the acceptance of this franchise, the
Grantee shall deposit with the City Treasury and maintain on deposit
through the term of its franchise, the sum of $10,000 in cash and in
addition shall post a construction performance bond in favor of the
City of Virginia Beach in the amount of $500,000. The cash deposit
shall serve as security for the faithful performance by the Grantee of
all of the provisions of this Ordinance, excepting those pertaining to
construction of the system, and compliance with all orders permits,
and directions of any agency of the City having jurisdiction over its
acts and defaults under this Ordinance, and the payment by the qrantee
of any claims, liens, and taxes due the City which arise by reason of
the operation or maintenance of the system. The construction performance
bond shall serve as security for the faithful performance by the grantee
of all provisions of this Ordinance pertaining to the construction of the
system and shall be in such form and with such surety as approved by the
City Attorney. The construction performance bond may be reduced in
pro rata increments based upon capital investment. The reduction and
accompanying capital investments are as follows:
Construction Capital Bond Net
Percentage Cost (000) Reduction Bond
Step 1 28 $1 , 820 , 00 $100,000.00 $400,000.00
Step 2 46 $2,990.00 $ 77,500.00 $322,500.00
Step 3 64 $4 , 1 60 . 0 0 $ 77,500.00 $245,000.00
Step 4 82 $5,330.00 $ 77,500.00 $167,500.00
Step 5 100 $6,500.00 $ 77,500.00 $ 90,000.00
Upon completion of construction as required by the franchise, the
Prantee shall maintain an operation performance bond in the amount of
$90,000 for the duration of the franchise. Application for bond
reduction may be made to the City Manager's Office. 'Documentation of
capital investment must accompany this request. Such documentation may
be reviewed in accord with Section 9, Paragraph C, and Section 11,
Paragraph B.
B. Within thirty days after notice to it that any amount has been
withdrawn from the security fund deposited pursuant to Paragraph A of
this Section the grantee shall pay to or deposit with the City Treasurer
a sum of money sufficient to restore such security fund to the original
amount of $10,000.
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C. If the Grantee fails to pay to the City any compensation within
the time fixed herein; or fails after ten days notice to pay to the City
any taxes due and unpaid; or fails to repay to the City within such ten
days any damages, costs or expenses wbich the City shall be compelled to
pay by reason of any act or default of the Grantee in connection with this
Ordinance or its franchise, or fails after three days notice by the City
Manager of such failure to comply with any provision of this Ordinance or
its franchi-se which the City Manager reasonably determines can be
remedied by an expenditure of the security, the Treasurer may immediately
withdraw the same amount thereof, with interest and any panalties, from
the security fund. Upon such withdrawal, the Treasurer shall notify the
Grantee of the amount and date thereof.
D. The cash deposit and the construction performance bond and
operating performance bond posted pursuant to Paragraph A of this Section
shall become the property of the City in the event that the franchise is
cancelled by reason of the default of the Grantee. The cash deposit shall
be retained by the City and returned to the Grantee at the expiration of
the franchise provided there is no outstanding default on the part of the
Grantee.
E . The rights reserved to the City with respect to the security
fund are in addition to all other rights of the City, whether reserved by
this Ordinance or authorized by law, and no action, proceeding or exercise
of a right with respect to such security fund shall affect any other right
the City may have.
14. Foreclosure
Upon the foreclosure or other judicial sale of all or a substantial
part of the system or upon the termination of any lease covering all or a
substantial part of the system, the Grantee shall notify the City Manager of
such fact, and such notification shall be treated as a notification that
a change in control of the Grantee has taken place and the provisions of
Section 16 of this Ordinance, governing the consent of the City to such
change in control of the Grantee shall apply. However, any offer or
agreement of sale of all or a substantial part of the system, which is
made expressly subject to City Council approval of the transfer of the
franchise, shall not be deemed a "sale" hereunder, unless and until such
City Council approval is granted, provided the Grantee or a duly constituted
receiver or trustee remains in operational control prior to such City
Council approval.
1 5. Receivership
The City shall have the right to cancel this franchise one hundred
and twenty days after the appointment of a receiver or trustee to take over
and conduct the business of the Grantee whether in receivership, reorganization,
bankruptcy, or other action or proceedings, unless such receivership or
trusteeship shall have been vacated prior to the expiration of said one
hundred and twenty days, or unless:
1. Within one hundred and twenty days after his election or
appointment, such receiver or trustee shall have fully complied with all
the provisions of this Ordinance and remedied all defaults thereunder; and,
2. Such receiver or trustee within said one hundred and twenty
days shall have executed an agreement, duly approved by the Court having
jurisdiction in the premises, whereby such receiver or trustee assumes and
agrees to be bound by each and every provision of this ordinance and the
franchise granted to the original Grantee. Appointment of a receiver or
other transfer of control pursuant to this Section shall be governed by and
be in compliance with applicable rules and regulations of the FCC. To the
extent that FCC or other approvals are required Grantee shall assist and
cooperate in the obtaining of such approval.
16. Restrictions Against Assignment
A. No transfer of control or assignment of the franchise, the
cable television system, or any part thereof shall be effective without the
prior written consent of the City Council, which consent shall not be
unreasonably withheld.
B. The consent or appr6val of the City Council to any assignment,
lease, transfer, sublease or mortgage of the f ranchise granted to the Grantee
shall not constitute a waiver or release of the right of the
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City in and to the streets.
C. The Grantee shall promptly notify the City Manager of any
actual or proposed change in or transfer of or acquisition by any other
party, of control of the Grantee. The word "control" as used herein is
not limited to majority stock ovfnership but includes actual working
control in'whatever manner exercised. Every change, transfer or
acquisition of control of the Grantee shall make the franchise subject
to cancellation unless and until the City Council shall have consented
thereto. For the purpose of determining whether it shall consent to
such change, transfer or acquisition of control, the City Council may
inquire into the qualifications of the prospective controlling party, and
the Grantee shall assist the City Council in any such inquiry. If the
City Council does not schedule a hearing on the matter within sixty
days after notice of the change or proposed change and the filing of a
petit ion req uestin g its consent, it shall be deemed to have consented. In
the event that the City Council adopts a Resolution denying its consent
and such change, transfer or acquisition of control has been effected, the
City Council may cancel the franchise unless control of the Grantee is
restored to its status prior to the change or to a status acceptable to
the City Council.
D. The Grantee may mortgage or pledge the grant, system, or
any part thereof, for financing purposes, and may engage in the sale of
its stock publicly and in accordance with applicable laws. Any mortgage
or pledge shall be subordinate to the rights of the City under this
Ordinance and applicable law, and shall be subject to the prior written
consent of Council, whose consent shall not be unreasonably withheld.
17. Cancellation and Expiration
A. The City shall have the right to cancel the franchise if the
Grantee fails to comply with any material and substantial provision of
this Ordinance or of the Grant of the franchise or any reasonable order
direction or permit issued by any City department or agency pursuant to
such material and substantial provision or any rule or regulation
promulgated by the City which is reasonable in light of, and consistent
with any provision of this Orainance or the franchise; or if the Grantee
persistently fails to comply with any provision of either, or any
reasonable order, direction or permit issued. Cancellation shall be by
Resolution of the City Council duly adopted in accordance with the
following procedures:
i . The City Manager shall notify the Grantee of the alleged
failure or persistent failure of compliament and give the
Grantee a reasonable opportunity to correct such failure or
persistent failure or to present facts and argument in
refutation of the alleged failure or persistent failure.
ii. If the City Manager then concludes that there is a basis
for cancellation of the franchise pursuant to Paragraph A of
this Section, it shall notify the Grantee thereof.
iii. If within a reasonable time the Grantee does not remedy
and/or put an end to the alleged failure or persistent
failure, the City Council after a public hearing by the City
Council on notice, may cancel the franchise if it determines
that such action is warranted under Paragraph A of this
Section.
B. If for ten consecutive days, the system or any part thereof,
is inoperative, or if the same is inoperative for thirty days out of any
consecutive twelve months, the City Council may cancel the franchise.
C. The Grantee shall not be declared in default or be subjected to
any sanction under any provision of this Ordinance or the fr@nchise in
any case in which the performance of any such provision is prevented for
reasons beyond its control.
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D. If all or part of the streets within the City are closed or
discontinued as provided by Statute, then the franchise and all rights
and privileges hereunder with respect to said streets or any part thereof
so closed or discontinued, shall cease and desist upon the date of the
adoption of the Ordinance closing and discontinuing such streets and the
company shall not be entitled to damages from the City due to the closing
or discontinuance of such streets, or for injury to any part of the
system in streets or for the removal or relocation of the same.
E. lf the system is taken or condemned pursuant to law, the
franchise shall, at the option of the City Council, cease and def;ist
on the date of the vesting title pursuant to such taking or condemnation
and any award to the granted in connection with such taking or
condemnation shall not include any valuation based on the franchise.
F. Upon cancellation or expiration of the franchise, the City shall
have the right to purchase the system in accordance with Paragraph G
of this Section, and the City Council may direct the Grantee to cease
operation of the system. If the City elects to purchase the system,
the Grantee shall promptly execute all appropriate documents to transfer
title to the City, and the Grantee shall assign all other contracts,
leases, licenses, permits, and any other rights necessary to maintain
continuity of service to the public. Th6 Grantee shall cooperate with
the City, or such agency or person authorized or directed by the City
Manager to operate the system for a temporary period in maintaining
continuity of service. Nothing herein is intended as a waiver of any
other right the City may have.
G. If the franchise.
i. is cancelled by the City Council by reason of the
@rantee's default, the system shall, at the election
of the City, become the property of the City at a
cost not to exceed 90% of the fair market value of the
system as a going concern, including physical assets
and intangibles. Such fair market value, if not agreed
upon, shall be determined by arbitration as provided in
Section 18 of this Ordinance.
ii. terminates by expiration of its term, the purchase price
to the City of the system shall be its full fair market
value as a going concern, including physical assets and
intangibles. Such fair market value, if not agreed upon,
shall be determined by arbitration as provided in Section
18 of this ordinance.
iii. terminates by the assumption of ownership of the system by
the City, the City Council shall make every effort to secure
the sale of the system to a person satisfactory to the City.
ln seeking such a person, the City Council shall advertise
for bids and use such other reasonable and practicable
means to secure a purchaser as may be available.
18. Arbitration
A. Matters which are expressly arbitrable under the provisions of
this Ordinance shall be determined by an Arbitration Panel which shall
consist of not more than three members to be named by the City Council
and the Prantee. Where arbitration is expressly authorized by this
Ordinance, the decision of tbe Arbitration Panel shall be a condition
precedent to any cause of action based on such expressly arbitrable
matters.
B. If the City Council and grantee agree on a three-member panel,
the membership shall be one person named by the Grantee, one member
named by the City Council, with the third member or presiding officer
to be named by tbe Grantee's representative and the Council's
representative acting jointly. If they fail to agree as to the
presiding officer, the presiding officer shall be named in the same
manner as provided in Paragraph D of this Section.
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C. If the parties choose to name a single member panel, such
member shall be named by the Grantee and tbe Council acting jointly.
D. If the parties cannot agree as to the third member of the
three-member panel as described in Paragraph B of this Section or
as to the single-member panel as provided in Paragraph C of this
Section, then after ten days notice on motion of either party, the
Court having jurisdiction of the matter in dispute shall appoint
the member necessary to complete the Arbitration Panel.
E. Each party shall bear the expenses of its own representative.
The expense of the third representative shall be borne equally by the
Grantee and the City Council. The expenses of the arbitration shall
be borne as determined by the Arbitration Panel in its award or finding,
but in no event shall the City be obliged for more than one half of the
expenses.
F. The determination of the single-member panel or a majority of
a three-member panel shall be binding on the parties.
19. Day to Day Regulation
A. The City Manager, after affording the Grantee a reasonable
opportunity to be heard, shall device, promulgate, and administer such
reasonable rules, regulations, and procedures as may be required to
implement the provisions of this Ordinance and the franchise Ordinance,
or any subsequent Ordinance, rulings, contract or agreement adopted or
entered into by the City Council with regard to the CATV system. Such
rules, regulations, and procedures shall be reasonable and confined to
matters pertaining to the day to day enforcement of policies adopted
by the Council.
B. In cases where requests for service or adjustments have been
ignored or unfilled for other than just cause, the City Manager shall
have the power to require the Grantee to provide service in response
to all reasonable requests as the City Manager may determine.
C. The Grantee may appeal any decision made pursuant to this
Section as provided for in Section 22 of this Ordinance.
D. Nothing in this Section shall be construed to act as a waiver
of any other rights or powers the City might have against the Grantee
for any of the situations described in Paragraphs A-D of this Section.
20. Liquidated Damages
A. For non-compliance with any of the foregoing material provisions
of this Ordinance, there shall be assessed as liquidated damages the
following:
i. for failure to submit plans indicating expected dates of
installation of various parts of the system as provided
for in Section 10-A - $100 per day.
ii. for failure to commence operations in accordance with Section
6-B - $200 per day, or at the discretion of City Council, for
each three (3) months delay in commencement of operation the
term of the franchise may be reduced by one (1) year.
iii. for failure to complete construction and installation of the
system as provided for in Section 6-C and 6-D - $250 per day,
or at the discretion of City Council, for each three (3)
months delay in the completion of construction and the
installation of the system, the term of the franchise may be
reduced by one (1) year. .
iv. failure to provide data to Section 6-10 and 19 - $50 per day.
V. for persistent failure to comply with reasonable recommendation
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iv. for failure to restore the cash deposit as required
in Section 13B within the specified thirty days, the entire
cash deposit remaining (if any) and the full amount of tbe
operating performance bond shall be forfeited.
B. The Grantee shall not be liable for any failure to meet any
and all of"the above requirements due to Federal, State, and Local action,
Statute or Ordinance, Act of God, riot or other c,ivil disturbance.
C. The Grantee may appeal any penalty which it considers
unreasonable as provided for in Section 22 of this Ordinance.
21. Hiring and Employment Practices
The Grantee shall not refuse to hire or employ, nor bar or
discharge from employment, nor discriminate against any person in
compensation or in terms, conditions or privileges of employment because
of age, race, creed, color, national origin or sex.
22. Appeals
In the event the Grantee questions the reasonableness of any
order, requirement, decision or other action taken by the City or shall
be of the opinion that the City lacks authority to take such action, the
Grantee shall be allowed to appeal the order, requirement, decision or
other action of the City Council. The notice of objection and request
for an appeal shall be made in writing to the City Manager within two
weeks of the objectionable order, requirement, decision, or other action.
The effectiveness of such order, etc., may be stayed by the action of the
City Council upon its receipt of the notice of objection, pending the
Council's final determination of the appeal. This stay shall not affect
any retroactive application of Council's upholding any such order, etc.
23. Sundry Provisions
A. Every direction, notice or order to be served upon the
Grantee shall be sent to its office in the City by registered mail as
established by Section 11A of this Ordinance. Every notice served upon
the City shall be delivered or sent by registered mail to the Office of
the City Manager, Municipal Center, Virginia Beach, Virginia, 23456. The
delivery or mailing of such notice or order shall be deemed to have been
given at the time of delivery.
B. All provisions of this Ordinance shall apply to the Grantee,
its successors, and assigns, as such may be approved by City Council in
accordance with this Ordinance.
C. The rights granted by this Ordinance are subject to all
franchises and permits heretofore or hereafter granted by the Council
or by the Council of the former City of Virginia Beach to use the streets
of the City by other public utility or public service corporations. It
is not intended by the granting of this franchise to abridge the exercise
of the police power hereto or hereafter granted to the City by the
General Assembly. The granting of this franchise is subject to all
Ordinances and Resolutions of the Council of the City as the same now
exist or may be hereafter amended, revised or codified, in the lawful
exercise of any other power granted to the City by the General Assembly.
D. Specific mention of the materiality of any of tbe provisions
herein is not intended to be exclusive of any others for the purpose of
determining whether any failure or compliance hereunder is material and
substantial.
E. If any particular Section of this Ordinance or the particular
application thereof, shall be held invalid, the remaining provisions and
their application shall not be affected thereby. Further, if any
particular Section of this Ordinance or provision of this franchise award
is determined by the FCC to be improper in any respect, the franchise
Grantee is hereby prohibited from negotiating changes thereto with
the FCC without first obtaining specific approval to do so from City
Council. Where such approval has not been obtained, the City Council
requests deferral by the FCC of its Certificate Award process and a
return of the matter to the City Council for its review and appropriate
action.
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F. Tbe Grantee, upon its acceptance of this franchise, shall
be bounded by the provisions of this Ordinance and ali responses, statements,
and information contained in its bid.
G. The Grantee shall conform to any minimum standards adopted
by the Virginia Public Telecommunications Council pursuant to Section
15.1-23.1 of the Counties, Cities and Towns Statutes (Code of Virginia),
especially those referenced in Chapter 11 of the "Master State Plan for
Public Telecommunications" which refer to the jurisdiction of Committee(s)
of Educational Interests and/or leased "Commonwealth Channel(s) Access,"
except to the extent that such standards are preempted by rules, regulations,
and policies of the FCC.
H. All new FCC rules that are applicable to each and all of
the operations of any franchise granted under the terms of this Ordinance,
shall be adopted by City Council and made a part of this Ordinance within
one year of passage by the FCC.
24. Landlord-Tenant Relationship
Absent agreements to the contrary:
A. If a tenant wishes to obtain service from the Grantee and
the landlord of the premises does not desire service, the tenant, may,
upon furnishing written permission from the landlord and upon payment of all
costs and assumption of liability for future payment of all costs and
services, receive service from the Grantee.
B. If a tenant does not desire service and the landlord wishes
to have an outlet installed in the premises, the landlord may have such
outlet or outlets installed in the premises upon the giving of notice to
the tenant of the time and place of the actual installation, with all costs
to be borne by the landlord.
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C I T Y C 0 D E A M E N D M E N T S
ITEM II-I.2.a ITEM #16174
Upon motion by Councilman Standing, seconded by Vice Mayor Heischober,
City Council voted to uphold the recommendation of the City Manager and
ADOPT the Ordinance to amend the Code of the City of Virginia Beach, by
adding a new Article numbered V under Chapter 32 and Two Sections there-
under numbered 32-60 and 32-61 relating to the vacation of public streets,
alleys, easements and the@ublic ways requiring a fee of One Hundred
Dollars for the processing of an application for the vaca@ion f a public
street, alley, easement and the public ways and requiring the purchase of
public streets or alleys by abutting property owners as a condition of
their vacation.
Voting: 10-0
Council Members Voting Aye:
Jobn A. Baum, F. Reid Ervin, Vice Mayor Harold Heischober,
Barbara M. Henley, Clarence A. Holland, W. H. Kitchin, III,
Reba S. McClanan, Mayor J. Henry McCoy, Jr., Donald W.
Merrick, and Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
Meyera E. Oberndorf
6 6-
AN ORDINANCE TO AMEND THE CODE OF THE
CITY OF VIRGINIA BEACH, BY ADDING A
NEW ARTICLE NUMBERED V UND.ER CHAPTER
32 AND TWO SECTIONS THEREUNDER NUMBERED
32-60 AND 32-61 RELATING TO THE VACATION
OF PUBLIC STREETS, ALLEYS, EASEMENTS AND
THE PUBLIC WAYS REQUIRING A FEE OF ONE
HUNDRED DOLLARS FOR THE PROCESSING Of AN
APPLICATION FOR THE VACATION OF A PUBLIC
STREET, ALLEY, EASEMENT AND THE PUBLIC
WAYS AND REQUIRING THE PURCHASE OF PUBLIC
STREETS OR ALLEYS BY ABUTTING PROPERTY
OWNERS AS A CONDITION OF THEIR VACATION
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA:
That the Code of the City of Virginia Beach, Virginia, is
hereby amended by adding one new Article under Chapter 32 of said
Code and two Sections thereunder, which Article and Sections are
numbered and read as follows:
Article V. Vacation of Public Streets, Alleys
Easements and Other Public Ways.
Section 32-60. Fee for processing application.
A fee of one hundred dollars shall be paid to the City for the
processing of an application for the vacation of any street or alley
pursuant to Section 15.1-364 of the Code of Virginia. The Planning
Director or his authorized representative shall not accept any application
unless such fee be paid at the time the application is filed.
Section 32-62. Sale of public street, alleys, easements and other
public ways.
As a condition to vacation of such public lands, the person
or persons, otber than the original subdivider, requesting the vacation
shall purchase from the City the public street, alley, easement or other
public way for which the vacation is requested provided that such person
6 7-
or persons shall be the owner or owners of all lands abutting such public
lands for which the vacation is requested, and provided further that the
parties agree as to value of such property.
This Ordinance shall be in effect from and after its adoption.
Adopted by the Council of the City of Virginia Beach, Virginia
on the Twenty-Sixth day of January, 1981.
State Code References 15.1-364 and 15.1-366
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ITEM II-I.2.b ITEM #16175
Upon motion by Vice Mayor Heiscbober, seconded by Councilwoman Henley
City Council voted to uphold the recommendation of the City Manager and
ADOPT the Ordinance to amend and reordain Section 22-149 of the Code of
the City of Virginia Beach pertaining to removal and disposition of
vebicles unlawfully parked on private or City property.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, Vice Mayor Harold Heischober,
Barbara M. Henley, Clarence A. Holland, W. H. Kitchin, III,
Reba S. McClanan, Mayor J. Henry McCoy, Jr., Donald W.
Merrick, and Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
Meyera E. oberndorf
6 9-
Requested by Police Department
AN ORDINANCE TO AMEND AND REORDAIN
SECTION 22-149 OF THE CODE OF THE
CITY OF VIRGINIA BEACH PERTAINING TO
REMOVAL AND DISPOSITION OF VEHICLES
UNLAWFULLY PARKED ON PRIVATE OR CITY
PROPERTY.
BE IT ORDALNED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA:
That Section 22-149 of the Code of the City of Virginia Beach,
Virginia, is hereby amended to read as follows:
Sections 22-149. Removal and disposition of vehicles unlawfully
parked on private or City property.
It shall be lawful for any owner, operator or lessee of any
parking lot or parking area or space therein or part thereof , or of
any other lot or building, including the City, to have any motor or
other vehicle, occupying such lot, area, space or building or part
thereof without the permission of such owner, operator, lessee or
authorized agent of the one having the control of such premises
removed by towing or otherwise, to a licensed garage for storage
until called for by the owner or his agent; provided, that notice
of such action sball be first or simultaneously therewith given to
at least one of the local law enforcement officers; provided further,
that in the event of such removal and storage the owner of the
vehicle involved shall be chargeable with and such vehicle may be held
for a reasonable charge for its removal and storage. In lieu of having
such vehicle removed by towing or otherwise, it shall be lawful for
such owner, operator or lessee to cause to have a duly authorized law
enforcement officer issue, on such premises, a summons to the registered
owner of such vehicle. This Section shall not apply to police, fire
or public health vehicles or where a vehicle shall, because of a wreck
or other emergency, be parked or left temporarily upon the property
of-another.
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Wfienever a motor vehicle, trailer, or semitrailer involved
in an accident is found upon the highway or streets therein and
is so located as to impede the orderly flow of traffic, the police
may remove such motor vehicle,
trailer or semitrailer from the highways or streets to some point
in the vicinity where such motor vehicle, trailer or semitrailer will
no t impede the flow of traf f ic.
Adopted by the Council of the City of Virginia Beach, Virginia,
on the Twenty-Sixth day of JanuaLy, 1981
7 1 -
U N F I N I S H E D B U S I N E S S
ITEM II-J.1 ITEM #16176
Councilman Baum advised Council of a letter received from Sea Breeze
Farms concerning a variance to Section 4.4(b) of the Subdivision
Ordinance, denied by City Council 12 January 1981.
Councilman Baum requested this matter be placed on the Council Agenda
of 2 February 1981 for further discussion.
ITEM II-J.2 ITEM #16177
Councilman Ervin advised Council of several calls received from the
residents concerning the conditions of the beaches and the water
quality in the vicinity of Lynnhaven Anchorage, and requested the
City Manager to ask the Water Control Board or Health Department to
take water samples before the beginning of summer.
ITEM II-J.3 ITEM #16178
Mayor McCoy advised there will be a Four O'clock meeting of the City
Council on Thursday, January 29, 1981, for the purpose of discussing
tbe water situation.
N E W B U S I N E S S
ITEM II-K.1 ITEM #16179
Councilwoman Henley advised Council that Councilwoman Oberndorf had
sent each a letter concerning the City investigating the possibility
of consolidating some departments in the City and School Administration.
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ITEM II-K.2 ITEM #16180
Councilman Kitchin requested the staff to make recommendations to
Council concerning what the needs of the City will be regarding
the water situation, and can the City meet the demands that have
been placed on it in the past due to the growth rate of the City.
ITEM #16181
Upon motion by Councilman Merrick, seconded by Councilman Standing,
City Council voted to RECESS at 10:35 p.m., and reconvene on Thursday,
January 29, 1981, at 4:00 p.m.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, Vice Mayor Harold Heischober,
Barbara M. Henley, Clarence A. Holland, W. H. Kitchin, III,
Reba S. McClanan, Mayor J. Henry McCoy, Jr., Donald W.
Merrick, and Patrick L. Standing
Council Members Voting Nay:
None
Council Members Absent:
Meyera E. Oberndorf
7 3-
Diane M. Hickman, Deputy City Clerk
@uth Hodges-'Smith, City Clerk 'He'n@cCoy, \Jr D.S.
City of Virginia Beach,
Virginia
26 January 1981
dmh/wb
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The Regular Formal Session of Virginia Beach
Monday, January 26, RECONVENED at 4:00 p.m.,
in the Conference Room, City Hall Building.
City Council, being RECESSED
Thursday, January 29, 1981,
The roll call recorded those present:
John A. Baum, F. Reid Ervin, Barbara M. Henley, W. H.
Kitchin, III, Reba S. McClanan, Mayor J. Henry McCoy,
Jr., Donald W. Merrick, and Meyera E. Oberndorf
Counc il
Members Ab sent:
Vice Mayor Harold Heischober*, Clarence A. Holland, and
Patrick L. Standing
*VICE MAYOR HEISCHOBER ENTERED MEETING AT 4:01 p.m.
ITEM #16182
Mayor McCoy made reference to a letter in the For Your Information
package of January 26, 1981 concerning the York County Board of
Supervisors regarding the creation of a Commission on the "Future
of Virginia".
Mayor McCoy requested Council's input on this matter.
It was the consensus of Council that the City not support nor oppose
passage of House Joint Resolution 114, (Commission on the Future
of Virginia).
ITEM #16183
Mayor McCoy entertained a motion to permit Council to conduct its
EXECUTIVE SESSION for the purpose of discussing the following:
1. Consultation with legal Counsel and briefing by staff
members, consultants, or attorneys pertaining to actual or
potential litigation, or other legal matters within the
jurisdiction of the public body. (Legal Matters).
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Upon motion by Councilman Merrick, seconded by Councilman Baum, City
Council voted to proceed into tbe EXECUTIVE SESSION.
Voting: 9-0
Council Members Voting Aye:
John A. Baum, F. Reid Ervin, Vice Mayor Harold Heischober,
Barbara M. Henley, W. H. Kitchin, III, Reba S. McClanan,
Mayor J. Henry McCoy, Jr., Donald W. Merrick, and Meyera
E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Clarence A. Holland*, and Patrick L. Standing
- 7 6-
ITEM #16184
There being no further business after the EXECUTIVE SESSION, the meeting
adjourned at 5:45 p.m.
Diane M. Hickman, Deputy City Clerk
Ruth Hodges 5mith, City Clerk Mayct J. Heryccoy D.D.S.
City of Virginia Beach,
Virginia
January 29, 1981
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