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DECEMBER 19, 1995 MINUTESMINUTES VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia December 19, 1995 Mayor Meyera E. Oberndorf called to order the CITY MANAGER'S BRIEFINGS of the VIRGINIA BEACH CITY COUNCIL in the Council Conference Room, City Hall Building, on Tuesday, December 19, 1995, at 9:00 A.M, Council Members Present: John A. Baum, Linwood O. Branch, III, Robert IC Dean, Harold Heischober, Barbara M. Henley, Louis R. Jones, Mayor Meyera E. Oberndorf and Vice Mayor William D. Sessoms, Jr. Council Members Absent: William W. Harrison, Jr. [ENTERED: 12:25 P.M.] Nancy K. Parker [IN CHARLOTTE, NORTH CAROLINA, FATHER TERMINALLY ILL] Louisa M. Strayhorn [ENTERED: 12:35 P.M.] -2- CITY MANAGER'S BRIEFING SHORE DRIVE HAZARD ELIMINATION PROJECT 11:30 A.M. ITEM tt 4O175 John Herzke, City Engineer, advised a year ago, the City received a Federal Safety Grang for the Shore Drive Hazard Elimination Project in the amount of $550,000. Some of these funds have been supplemented with the Traffic Safety Funds and Project V9410 was established. Through the RFP Process, the firm of Larsen Engineers, Inc., was selected to perform a detailed analysis of this project. Lawrence Gassman, P.E., Vice President - Larsen Engineers, Inc., advised the Shore Drive Hazard Elimination Study was undertaken to determine the extent of the roadway hazards on Shore Drive between 83rd Street and the west gate at Fort Story and to identify potential corrective measures. The study area is approximately 3.2 miles long. Fort Story lies to the north of the roadway and First Landing State Park to the south. Although located in the incorporated limits of the City, the roadway has the characteristics of a rural or semi-rural highway. The roadway alignment, within the study segment, ~s primarily straight with four large radius curves at various locations. The only turning movement in the project limits is a driveway (known as the Coast Artillery Road) which exists near the middle of the project. The roadway consists of two twenty-two feet wide pavements separated by a fifty feet wide median. The posted speed limit is 55 mph in the study area, except for eastbound traffic at the eastern end approaching the residential area. There is a traffic signal at the east end of the project at 83rd Street and a fiashing yellow/red beacon at the west gate to Fort Story at the west end of the project. Shore Drive passes through relatively level topography. Along both sides of the road, a dense forest exists in proximity to the edge of pavement. The tree canopy overhangs the travelled way, and in sections of the westbound pavemeng the canopy shadows the roadway. There is no street lighting throughout the segment. SUMMARY OF 24 HR VOLUME & SPEED SURVEY (West bound, near Coast Artillery Road) DATE 85TH PERCENTILE PACE (MPH) NUMBER OF VEHICLES SPEED (MPH) 5-05-95 63.0 55-65 5,350 5-06-95 62.5 55-65 6,248 5-07-95 62.1 50-60 5,967 5-08-95 63.1 55-65 4,591 5-09-95 62.9 55-65 4, 757 ACCIDENT SUMMARY Total Number of Accidents Number of Fatal Accidents % of Accidents Occurring at Night % of Accidents involving Alcohol % of Accidents involving Tree Collision % of Accidents impacting Trees which did NOT involve Alcohol % of Accidents in the Westbound direction % of Accidents involving speeding 10 (19 persons died) 57 38 64 63 19 Mr. Gassman cited the characteristics of fatal accidents (1991-1994). There were a total of 10 accidents with 19 la'lied. 8 in westbound direction 9 were one car accidents 7 were speeding 4 involved drinking 9 impacted trees 9 ran off-road 7 were at night December 19, 1995 -3- CITY MANAGER'S BRIEFING SHORE DRIVE HAZARD ELIMINATION PROJECT ITEM # 40175 (Continued) 43% of the accidents on Shore Drive occurred during daylight. For the State of Virginia, 72% of the accidents normally occur in the day. Shore Drive is having a much larger percentage of nighttime accidents than normal for this type of roadway. The age group of 21-30 accounts for 52% of all accidents at Shore Drive. ANAL YSIS Pavement geometrics satisfactory for present speed limits Alcohol related accidents 07%) significantly higher than City of Virginia Beach (9o/o) and State of Virginia (6%) (1993) % of Accidents due to Speeding on Shore Drive (15.4%) higher than State of Virginia (6.1%) (1993) General traffic speeds are higher than posted limits Accidents involving tree impact = 64% Driver "inattention" or "falling asleep, may be a significant accident cause. Absence of stable shoulder noted in many areas. Steep pavement drop off at shoulder edge and deep ditches noted frequently Number of trees close to pavement much higher in Westbound than Eastbound. Inadequate horizontal clearance (clear zone) due to proximity of trees. RECOMMENDATIONS Continue the special police enforcement activity Install more frequent oversized speed limit signs. Place paved shoulders along both edges of the roadway. Use a lO-foot width for the right and 6-foot for the left shoulders. Install a milled rumble strip in the shoulders. Install guardrails at those areas with deep ditches. Overlay pavement in those areas identified near curves were waviness or unevenness was detected. Install milepost markers to assist emergency vehicles in locating accident scenes. The report also recommends phasing the improvements. First consideration is the westbound direction. The total costs associated with the improvements (excluding police enforcemenO is $549,994 for the westbound lanes only and $1,059,125 for both eastbound and westbound directions. Since funds are currently limited to an available gran~ the plan is to proceed only with the westbound lane improvements. Mr. Herzke advised there are sufficient funds for Phase I. December 19, 1995 -4- CITY MANAGER'S BRIEFING AGRICULTURAL RESERVE PROGRAM DOCUMENT REVIEW 12:15 A.M. ITEM # 4O176 Deputy City Attorney William Macali, distributed a substitute form, "Offer to Purchase Development Rights" containing revisions. Said information is hereby made a part of the record. City Attorney Macali anticipated the first Ordinance will be SCHEDULED for City Council's consideration during the last of January re purchase of development rights. By adopting the Resolution, the City Council will approve the program documents, subject to such amendments as the City Manager or City Attorney may, from time to time, deem necessary or appropriate. Ordinance re Easement Acquisition Deed of Easement Installment Purchase Agreement Disclosure Statement Bond Counsel Opinion Offer to Purchase (As Revised) Seller's AfJ'utavit Subordination Agreement Tax Certificate/Compliance Agreement Messrs Consolvo and Hunter of Kaufman and Canoles, Bond Counsel, and Pat O'Connell, Financial Advisor, were in attendance. Barry Hunter, Kaufman and Canoles, advised the Preliminary Disclosure Statement will be given to the Farmer either at the time of filing of the application or when the offer goes out from the City Manager's Office. This document briefly explains the program as well as the Installment Purchase Agreement. This also provides some detail on the tax exemption of the interest that will be received on the Installment Purchase Agreement. Attached, as exhibits, are the Form of the Deed of Easement and Form of the Opinion of Bond Counsel. Also attached is the Official Statement. The Installment Purchase Agreement is the primary document of the transaction and sets forth the purchase price to be paid, the interest rate and when payable. First Union National Bank will be the Registrar of the obligation. This document sets forth some representations and warranties by the seller as to the status of title. The Deed of Easement is a primary real estate document conveying the title to the Conservation Easement to the City. The Ordinance re approval of Installment Purchase Agreement is also attached. An Offer to Purchase Document is sent out by the City Manager once the value of a conservation easement has been determined. A Tax Certificate/Compliance Agreement is a closing certificate which the City will sign related to the tax exemption and the obligation of the City related to same. December 19, 1995 -5- CITY COUNCIL CONCERNS 12:33 P.M. ITEM # 40177 Council Lady Henley requested the addition of an item under NEW BUSINESS relative the possibility of a Referendum Question on the May Ballot whether City Council elections shouM be partisan or non- partisan. ITEM # 4O178 Councilman Branch requested an addition to the AGENDA to SCHEDULE A PUBLIC HEARING for 2 January 1996: Charter Amendment re election of School Board Members in the November General Election, beginning in 1998. ITEM # 4O179 Councilman Harrison referenced the addition of an item under UNFINISHED BUSINESS. Councilman Harrison wished to present Redistricting Plan D-2 for City Council's reconsideration ITEM # 4018O Councilman Baum suggested portable microphones be utilized in the Council Conference Room for those on the sidelines. Councilman Baum requested the City Manager investigate this expenditure. Staff members could stay in their seats and speak rather than moving to the mike at the front of the conference room. December 19, 1995 -6- AGENDA RE VIEW SESION 12:37 P~VI. ITEM # 4O181 Councilman Harrison referenced proposed amendments: J. 3. Resolution to select the site for construction of a new Social Services Building; and, direct the City Manager to expedite construction only on the site of the existing facility for the Department of Social Services. Section 5, page 2 shall read as follows: 5. That City Council hereby directs the any financing/lease agreement be structured in such a way that the City owns the facility from the beghnring date it is placed in service, or, in the alternative has the option to purchase the facili~_ at the end of the term of any a-lease; and Section 6, page 2 shall read as follows: 6. That City Council hereby authorizes City staff to enter into discussions with the Virginia Beach Development Authority in an effort to determine the least costly best and most expeditious manner in which to complete design, aiid construction and financing of the facility. ITEM # 40182 BY CONSENSUS of City Counci~ the following items shall compose the CONSENT AGENDA: RESOLUTIONS J.1 Resolution to request the General Assembly AMEND the City Charter by ADDING a new subsection re consolidation of the ministerial aspects of the payroll, accounting and purchasing functions of the City and the Virginia Beach School Board. J.2. Agricultural Reserve Program (ARP): Resolution re Program Documents to implement the Program: Ordinance re Easement Acquisition Deed of Easement Installment Purchase Agreement Disclosure Statement Bond Counsel Opinion Offer to Purchase Seller's Affidavit Subordination Agreement Tax Certificate/Compliance Agreement December 19, 1995 -7- ,4GENDA RE VIEW SESION ITEM # 40183 Councilman Dean referenced: ICI Ordinance re restructuring of the balance of the loans and accrued interest to the Virginia Beach Development Authority; and, authorize the City Manager to execute the necessary documents. Councilman Dean advised as both he and Councilman Jones had been il~ they had not been able to meet to discuss this itent Councilman Jones is the City's liaison with the Development Authority. A business plan had not been presented to City Council to determine how and when the Development Authority will pull themselves out of this problem of debt. Vice Mayor Sessoms advised this Ordinance is a "band a/d" approach. The Development Authority is doing extremely well with the sale of property. A debt at NationsBank needs to be paid as soon as possible for the benefit of the taxpayer and the City. This Ordinance will allow the City to take the proceeds of land sales and apply toward the debt at NationsBanlc The staff of the Development Authority has conferred with NationsBank and they are in agreement with the format of repayment. The City will not recoup all of the funds owed by the Development Authority. This Ordinance will be the first phase of the business plan for repayment of debt. Councilman Jones advised there are two forms of debt involved: (1) debt to ourselves (the City) and (2) debt to an outside party. Mark Wawner, Economic Development, advised the loan is structured with a monthly principal payment. However, with any land sale the release fee or the loan payment is credited against future principal payments. Currently with the on line sale, the Development Authority was able to make a reduction in the loan, which gave a credit towards the monthly principal payments for a certain period of time. Patricia Phillips, Director of Finance, advised Attachment B of the Policy Report presented to City Counci~ indicated the calendar 1995 principal payments are $46,020 per month plus interest. The 1996 calendar principal payments are $61,501 and it increases each year. ITEM # 4O184 Mayor Oberndorf advised there will be residents of Chesapeake Beach speaking relative making their beach public. Ordinance to authorize the City Manager to execute a license agreement for the Chesapeake Bay Bridge Tunnel District re placement of beach-quality sand in the City-owned Lynnhaven Inlet Stockpile Area. ITEM # 40185 Councilman Dean requested discussion relative: Ordinance to authorize a temporary encroachment into a portion of the City's right-of-way of Southern Boulevard at Constitution Drive to Columbus Center Associates re fulfillment of applicant's parking space requirements and that Petitioner bear all costs and expenses. Councilman Dean inquired as to the worth of Parcel B encroachment and why the City is not being compensated at the same price as Parcel A. The City Manager advised the City is retaining the ownership in Parcel B and there are easements. The encroachment can be removed at City Council's direction. December 19, 1995 -8- AGENDA REVIEW SESION ITEM # 40186 BY CONSENSUS of City Counci~ the following items shall compose the CONSENT AGENDA: ORDINANCES K1 Ordinance re restructuring of the balance of the loans and accrued interest to the Virginia Beach Development Authority; and, authorize the City Manager to execute the necessary documents. K2 Ordinance to APPROPRIATE $1,127,084 from Aetna Fire and Casualty Company to the Schools' Self-Insurance Fund re expenses related to operational and fire damage expenses associated with the Princess Anne High School Fire; and, increase estimated revenues accordingly. IC3 Norfolk Southern Rail-Thalia Road Grade Crossing: Resolution to request the Virginia Department of Transportation (VDOT) program an urban highway project for improvements at this crossing. The City agrees to pay its pro rata share. Ordinance to ACCEPT and APPROPRIATE a $63,000 Grant from VDOT; authorize use of Urban Allocation funding as the required City match re improving the grade crossing; and, increase estimated revenues accordingly. K. 4 Ordinance to authorize a $2,979 TRANSFER from the General Fund Reserve for Contingencies to reimburse the Water and Sewer Fund re the costs of water and sewer fees associated with the construction of a Habitat for HUMANITY HOUSE on Carver Avenue (LYNNHAVEN BOROUGH). (Requested by Council Lady Nancy lC. Parker) IC7 Ordinances to authorize license refunds in the amount of $9,110.53. December 19, 1995 -9- ITEM # 40187 Mayor Oberndorf called to order the INFORMAL SESSION of the I~IRGINIA BEACH CITY COUNCIL in the Council Chamber, City Hall Building, on Tuesday, December 19, 1995, at 1:20 P.M. Council Members Present: John A. Baum, Linwood O. Branct~ III, Robert IC Dean, William W. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis I~ Jones, Mayor Meyera E. Oberndorf, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Absent: Nancy I~ Parker December 19, 1995 - 10 - ITEM tt 40188 Mayor Meyera E. Oberndorf entertained a motion to permit City Council to conduct its EXECUTII~ SESSION, pursuant to Section 2.1-344, Code of Virginia, as amendea~ for the following purpose: PERSONNEL MATTERS: Discussion or consideration of or interviews of prospective candidates for employment, assignment, appointment, promotion, performance, demotion, salaries, disciplining, or resignation of specific public officers, appointees, or employees pursuant to Section 2.1-344 (A) (1). To Wit: Appointments - Boards and Commissions: Agriculture Advisory Commission Chesapeake Bay Preservation Area Board Community Services Board Planning Commission LEGAL MATTERS: Consultation with legal counsel or briefings by staff members, consultants, or attorneys pertaining to actual or probable litigation, or other specific legal matters requesting the provision of legal advice by counsel pursuant to Section 2.1-344(A)(7). l~tke Gaston Water Supply Project EDIP Funds. Upon motion by Vice Mayor Sessoms, seconded by Councilman Jones, City Council voted to proceed into EXECUTIVE SESSION. Voting: 10-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Robert K Dean, William W. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis 1~ Jones, Mayor Meyera E. Oberndoff, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: Nancy K. Parker December 19, 1995 - 11 - FORMAL SESION VIRGINIA BEACH CITY COUNCIL December 19, 1995 2:00 P3/I. Mayor Meyera E. Oberndorf called to order the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the Council Chamber, City Hall Building, on Tuesday, December 19, 1995, at 2:00 P.M. Council Members Present: John A. Baum, Linwood O. Branch, III, Robert IC Dean, William W. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis I~ Jones, Mayor Meyera E. Oberndoff, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Absent: Nancy IC Parker [IN CHARLOTTE, NORTH CAROLINA, FA THER TERMINALLY ILL] INVOCATION: Dr. Chuck Wickman Kempsville Presbyterian Church A special prayer was said on behalf of Council Lady Parker's father and her family. PLEDGE OF AI2,EGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA Vice Mayor Sessoms, being a Corporate Officer of Central Fidelity Bank, disclosed there were no matters on the agenda in which he has a "personal interest", as defined in the Act, either individually or in his capacity as an officer of Central Fidelity Banlc The Vice Mayor regularly makes this Disclosure as he may or may not know of the Bank's interest in any application that may come before City Council. Vice Mayor Sessorns' letter of January 10, 1995, is hereby made a part of the record. December 19, 1995 - 12 - Item IV-E. CERTIFICATION OF EXECUTIVE SESSION ITEM # 40189 Upon motion by Vice Mayor Sessoms, seconded by Council lardy Strayhorn, City Council CERTIFIED THE EXECUTIVE SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS. Only public business matters lawfully exempted from Open Meeting requirements by Virginia law were discussed in Executive Session to which this certification resolution applies; AND, Only such public business matters as were identified in the motion convening the Executive Session were heard, discussed or considered by Virginia Beach City Council. l,~oting : 10-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Robert IC Dean, William W. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Mayor Meyera E. Oberndoff, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhom Council Members F'oting Nay: None Council Members Absent: Nancy IC Parker December 19, 1995 Beso u on CERTIFICATION OF EXECUTIVE SESSION VIRGINIA BEACH CITY COUNCIL WHEREAS: Thc Virginia Beach City Council convened into EXECUTIVE SESSION, pursuant to thc affirmative vote recorded in ITEM # 401811 Page No. 10 and in accordance with thc provisions of Thc Virginia Freedom of Information Act; and, WHEREAS: Section 2.1-344. of thc Code of Virginia requires a certification by thc governing body that such Executive Session was conducted in conformity with Virginia law. NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council hereby certifies that, to the best of each member's knowledge, (a) only public business matters lawfully exempted from Open Meeting requirements by Virginia law were discussed in Executive Session to which this certification resolution applies; and, Co) only such public business matters as were identified in the motion convening this Executive Session were heard, disct~sed or considered by Virginia Beach City Council. 1~ Hodges ~mith, CMC/AAE City Clerk Dcccmbcr 19, 1995 - 13 - Item IV-F. 1. MINUTES ITEM # 40190 Upon motion by Vice Mayor Sessoms, seconded by Council Lady Strayhorn, City Council APPROVED the Minutes of the INFORMAL AND FORMAL SESSIONS of December 12, 1995. Voting: 10-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Robert IC Dean, William W. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Mayor Meyera E. Oberndo~ Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: Nancy IC Parker December 19, 1995 - 14 - Item IV-G, ADOPT AGENDA FOR FORMAL SESSION ITEM # 4O191 BY CONSENSUS, City Council ADOPTED: AGENDA FOR THE FORMAL SESSION AND, ADDED: Councilman Harrison's presentation for City Council's consideration: Redistricting Plan D-2. Resolution opposing HB-1 re Council candidates being identified on the Ballot as affiliated with a political party. A PUBLJC HEARING for 2 January 1996: Charter Amendment re election of School Board Members in the November General Elections beginning in 1998. December 19, 1995 - 15 - Item IV-L1. ITEM # 40192 Mayor Oberndorf DECLARED A PUBLIC HEARING: PROPOSED AMENDMENT TO THE CHARTER OF THE CITY OF VIRIGNIA BEACH CONSOLIDATION OF CITY OF I~IRGINIA BEACH AND DEPARTMENT OF EDUCATION RE: PAYROLL, ACCOUNTING AND PURCHASING FUNCTIONS. The .following spoke in OPPOSITION to the consolidation: Lou Pace, 1908 Hunts Neck Court, Phone: 468-0925, There being no further speakers, Mayor Oberndorf CLOSED THE PUBLIC HEARING. December 19, 1995 - 16 - Item IV-J. CONSENT AGENDA ITEM # 40193 RESOLUTIONS Upon motion by Vice Mayor Sessoms, seconded by Councilman Baum, City Council APPROI~ED in one motion Resolutions 1 and 2 of the CONSENT AGENDA. Voting: 10-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Robert lC Dean, William W. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Mayor Meyera E. Oberndoff, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: Notle Council Members Absent: Nancy lC Parker December 19, 1995 -17- Item IV-J. 1. CONSENT A GEND,4 ITEM # 40194 RESOLUTIONS Upon motion by Vice Mayor Sessoms, seconded by Councilman Baum, City Council ADOPTED: Resolution to request the General Assembly AMEND the City Charter by ADDING a new subsection re consolidation of the ministerial aspects of the payroll, accounting and purchasing functions of the City and the Virginia Beach School Board. Voting: 10-0 (By Consent) Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Robert K. Dean, William W. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Mayor Meyera E. Oberndoff, Vice Mayor William D. Sessorns, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: Nancy IC Parker December 19, 1995 1 2 3 4 5 6 A RESOLUTION REQUESTING THE GENERAL ASSEMBLY TO AMEND THE CITY CHARTER BY ADDING A NEW SUBSECTION PROVIDING FOR CONSOLIDATION OF THE MINISTERIAL ASPECTS OF THE PAYROLL, ACCOUNTING AND PURCHASING FUNCTIONS OF THE CITY AND THE SCHOOL BOARD 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 WHEREAS, the City of Virginia Beach desires the General Assembly to amend the City's Charter; WHEREAS, § 15.1-835 of the Code of Virginia provides that "[i]n lieu of the election [referendum] provided for in S 15.1-834, a county or municipal corporation desiring the General Assembly... to amend its existing charter may hold a public hearing with respect thereto, at which citizens shall have an opportunity to be heard to determine if the citizens of the county or municipal corporation desire that the county or municipal corporation request the General Assembly...to amend its existing charter"; WHEREAS, pursuant to the provisions of § 15.1-835, the City of Virginia Beach advertised a notice of public hearing and an informative summary of the proposed Charter amendment at least ten days prior to the scheduled public hearing; WHEREAS, the aforementioned public hearing was held on December 19, 1995; and WHEREAS, based on the comments received from citizens at the public hearing, City Council desires to proceed with requesting the General Assembly to amend the City's Charter. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That, pursuant to ~ 15.1-835 of the Code of Virginia, the General Assembly is hereby requested to introduce a bill in its 1996 Session to amend the Virginia Beach City Charter in the manner provided in the "Proposed Amendment to the Charter of the City of Virginia Beach" which is attached hereto as Exhibit A, and is hereby incorporated by reference. 34 35 36 37 38 39 40 41 42 43 44 BE IT FURTHER RESOLVED: That the City Clerk is hereby directed to transmit (1) the publisher's affidavit showing that a notice of public hearing and informative summary were duly advertised as required by S 15.1- 835 of the Code of Virginia; (2) certification that the advertised public hearing was held at the Council's regularly-scheduled meeting on December 19, 1995; and (3) a certified copy of this Resolution, to one or more members of the City's local delegation to the General Assembly. Adopted by the Council of the City of Virginia Beach, Virginia, on the 19 day of December , 1995. 45 46 47 48 CA-6156 ORDIN\NONCODE\ CONSOLID . RES R-1 PREPARED: 12/05/95 49 5O 51 52 APPROVED AS TO LEGAL SUFFICIENCY E__~'~__'r B'r T A 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 PROPOSED AMENDMENT TO THE CHARTER OF THE CITY OF VIRGINIA BEACH, VIRGINIA, BY ADDING A NEW SUBSECTION (b) TO SECTION 16.01 PERTAINING TO CONSOLIDATION OF THE CITY'S AND SCHOOL BOARD'S PAYROLL, ACCOUNTING AND PURCHASING FUNCTIONS Sec. 16.01. Composition of department. (a) The department of education shall consist of the city school board, the division superintendent of schools and the · officers and employees thereof. Except as otherwise provided in this Charter, the city school board and the division superintendent of schools shall exercise all the powers conferred and perform all the duties imposed upon them by general law. (b) Notwithstanding any provision of law, special or general, to the contrary, effective July 1, 1996, the ministerial aspects of the payroll, accounting and purchasing functions of the department of education and the city shall be consolidated, and shall be coordinated by the city's director of finance; provided, however that this consolidation shall not be construed as relieving the 22 23 24 city or the school board of the legal obl%gation to manage and control their respective budgets. - 18 - Item/V'-J. 2. CONSENT AGENDA ITEM # 4O195 RESOLUTIONS Lou Pace, 1908 Hunts Neck Court, spoke in OPPOSITION to the Resolutions. Upon motion by Vice Mayor Sessoms, seconded by Councilman Baum, City Council ADOPTED: Agricultural Reserve Program (ARP): Resolution re Program Documents to implement the Program: Ordinance re Easement Acquisition Deed of Easement Installment Purchase Agreement Disclosure Statement Bond Counsel Opinion Offer to Purchase - As Revised) Seller's Affidavit Subordination Agreement Tax Certificate/Compliance Agreement Resolution to AMEND the City's Debt Management Policies and Guidelines to include the Program. Voting: 10-0 (By ConsenO Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Robert K. Dean, William W.. Harrison, Jr., Harold Heischober, Barbara 3/1. Henley, Louis R. Jones, Mayor Meyera E. Oberndoff, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: Nancy I~ Parker December 19, 1995 A RESOLUTION TO AMEND THE CITY'S DEBT MANAGEMENT POLICIES AND GUIDELINES TO INCLUDE THE AGRICULTURAL RESERVE PROGRAM 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 WHEREAS, on May 9, 1995, the Virginia Beach City Council established the Agricultural Reserve Program for the preservation of agricultural lands within the City; and WHEREAS, City Council provided funding for the program with a dedication of one and one-half cents ($0.015) of the real property tax and other general fund revenues and proposed the issuance of installment purchase agreements as general obligation indebtedness of the City; and WHEREAS, the city has not utilized this type of debt instrument in the past, nor do the City's debt policies address this type of debt; and WHEREAS, the City's Financial Advisor, Government Finance Associates, has advised that the City address this issuance in relation to its debt management practices, particularly for the benefit of the rating agencies; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the following statement be incorporated into the City's debt management policies and guidelines: The City recognizes the Agricultural Reserve Program as a unique undertaking that provides the City the opportunity to preserve its agricultural community and industry which will be an enhancement to its economic and cultural amenities. The program utilizes installment purchase agreements which pledge the City's full faith and credit and offer advantages to the City and the landowner. The City Council currently has no intention to employ installment purchase agreements for any purpose in addition to the &gricultural Reserve Program. - 19 - Item IV-K3. CONSENT AGENDA ITEM # 40196 RESOLUTIONS The following spoke in SUPPORT of the Resolution: Buddy King, 200 Presidential Boulevard, Phone; 340-0478 Helen Shropshire, 5908 Tajo Avenue, Phone: 461-3040, Chair -Advisory Board, Department of Social Services Helen T. Powell, 228 Rocky Mount Road, John McFarland, 557 Rosemont Road, Phone; 486-7053 Reba McClanan, 3224 Burnt Mill Road, Phone: 340-8835 The following spoke in SUPPORT of the Social Services Building at the intersection of Rosemont and Sentara Way: Michael J. Barrett, 1829 Eden Way, CEO, Runnymede Corporation Ivy Burnham, 3751 Sentara Way, represented Sentara Health Systems A motion was made by Councilman Jones, seconded by Councilman Harrison, to ADOPT AS AMENDED: Resolution to select the site for construction of a new Social Services Building; and, direct the City Manager to expedite construction only on the site of the existing facility for the Department of Social Services. A SUBSTITUTE MOTION was made by Councilman Dean to Defer to the City Council Session of January 28, 1996. Motion failed for lack of a Second. Upon motion by Councilman Jones, seconded by Councilman Harrison, City Council ADOPTED AS AMENDED: Resolution to select the site for construction of a new Social Services Building; and, direct the City Manager to expedite construction only on the site of the existing facility for the Department of Social Services. *Section 5, page 2 shall read as follows: 5. That City Council hereby directs that any financing/lease agreement be structured in such a way that the City owns the facility from the beginning date it is placed in service, or, in the alternative, has the option to purchase the facili~, at the end of the term of any a-lease; and *Section 6, page 2 shall read as follows: 6. That City Council hereby authorizes City staff to enter into discussions with the Virginia Beach Development Authority in an effort to determine the least costly bert and most expeditious manner in which to complete design, and construction and financing of the facdity and report back to the Council within 60 da_vs. December 19, 1995 - 20 - Item IV-K $. CONSENT AGENDA ITEM # 40196 (Continued) RESOLUTIONS Voting: 7-2 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, William W.. Harrison, Jr., Harold Heischober, Louis R. Jones, Mayor Meyera E. Oberndorf and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: Barbara M. Henley and Louisa M. Strayhorn Council Members Abstaining: Robert lC. Dean Council Members Absent: Nancy K Parker Councilman Dean ABSTAINED as he wished more feedback from the Community. He did not receive enough information to vote, especially from the Civic League Members, on this item at this particular time. December 19, 1995 A RESOLUTION SELECTING THE SITE FOR CONSTRUCTION OF A NEW SOCIALSERVICES BUILDING AND DIRECTING THE CITY MANAGER TO EXPEDITE CONSTRUCTION 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 WHEREAS, since January of this year, City staff, pursuant to Council direction, has been evaluating various options for relocation of the Departments of Social Services and Health; WHEREAS, the options evaluated included renovation of the existing Social Services building, the construction of a new facility on City-owned property, the lease of an existing facility, and the lease of a build-to-suit facility from a private developer; WHEREAS, the evaluation process included the issuance of a Request for Interest ("RFI") requesting proposals from developers interested in leasing an existing facility to the City, or building a new facility to be leased to the City; WHEREAS, on September 5 and November 28, 1995, public hearings were held regarding sites on Independence Boulevard and Rosemont Road, respectively; and WHEREAS, based upon the comments received at these public hearings, and upon its further consideration of the City's options, City Council has determined that the City's most advantageous option is to build a new facility on the site of the existing Social Services building. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. That City Council hereby rejects the Runnymede Corporation proposal for a facility at the intersection of Rosemont Road and Sentara Way; 2. That City Council hereby approves the construction of a new Social Services building on the site of the existing facility for the Department of Social Services only; 3. That the facility shall be a Class B office building of approximately 75,000 square feet in size; 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 4. That City staff is hereby authorized to begin design of the facility using funds available in CIP Project # 3-023 (Social Services Building Repair and Relocation); 5. That City Council hereby directs that any financing/lease agreement be structured in such a way that the City owns the facility from the date it is placed in service, or in the alternative, has the option to purchase the facility at the end of the term of any lease; and 6. That City Council hereby authorizes City staff to enter into discussions with the Virginia Beach Development Authority in an effort to determine the least costly and most expeditious manner in which to complete design, construction, and financing of the facility and report back to the Council within 60 days. Adopted by the Council of the City of Virginia Beach, Virginia, on the 19 day of December , 1995. 5O 51 52 53 CA-6177 NONCODE \ S SBLDG . RES R-6 12/20/95 - 21 - Item 1V-IC CONSENT AGENDA ITEM # 4O197 ORDINANCES Upon motion by Vice Mayor Sessoms, seconded by Council Lady Strayhorn, City Council APPROVED in one motion Ordinances 1, ~ 3 a.b., 4 and 7 of the CONSENT AGENDA. Voting: 9-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, William W. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R~ Jones, Mayor Meyera E. Oberndoff, Vice Mayor William D. Sessotns, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: Robert IC Dean and Nancy IC Parker December 19, 1995 Item IV-K. 1 CONSENT AGENDA ITEM # 40198 ORDIN,4NCES Lou Pace, 1908 Hunts Neck Court, Phone: 468-0925, registered in OPPOSITION. Upon motion by Vice Mayor Sessoms, seconded by Council Lady Strayhorn, City Council ADOPTED: Ordinance re restructuring of the balance of the loans and accrued interest to the Virginia Beach Development Authority; and, authorize the City Manager to execute the necessary documents. Voting: 9-0 (By Consent) Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, William W. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Mayor Meyera E. Oberndo~ Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: Robert IC Dean and Nancy IC Parker December 19, 1995 ORDINANCE TO RESTRUCTURE THE BALANCE OF THE LOANS TO THE VIRGINIA BEACH DEVELOPMENT AUTHORITY WHEREAS, the City Council recognizes the importance of a strong 5 economy to the citizens of the City of Virginia Beach; and WHEREAS, the Virginia Beach Development Authority (VBDA) has 7 provided valuable services to the City Council in marketing Virginia Beach 8 development opportunities on the behalf of the City; and WHEREAS, the VBDA has facilitated expansion of the city's tax base 10 through increased business investment and creation of employment opportunities 11 within the city; and 12 WHEREAS, the City Council has made various infrastructure and other 13 loans to the VBDA with a balance of $6,256,137 (plus unrecorded accrued interest of 14 $1,305,331 for a total of $7,561,468) at June 30, 1995 with principal payment due 15 from the proceeds of sales at Oceana West Business Park; and 16 WHERF~S, the VBDA has a loan with NationsBank (bank loan) for 17 Corporate Landing with an outstanding balance of $7,780,123; and 18 WHEREAS, the City Council recognizes the importance of financially 19 supporting the economic development activities of the VBDA; and 20 WHEREAS, local governments traditionally support development 21 authorities or other economic development activities. 22 NOW, THEREFORE BE IT ORDAINED that effective June 30, 1995, 23 the City Council of the City of Virginia Beach hereby gives its approval for the 24 $6,256,137 balance of the debt and accrued interest owed to the City by the VBDA 25 to be structured and carded as an interest-free non-current debt with payment not 26 required until the current bank loan is satisfied, subject to the following: (1) VBDA 27 will incur no additional debt without the approval of City Council or its designee; (2) 28 Net revenues generated by sales at Oceana West Business Park will be used to reduce 29 the Bank Loan; (3) The City may demand payment in full of any unpaid principal on 30 June 30, 2015 if not fully paid prior thereto; and (4) Within six (6) months of the 31 date of the adoption of this ordinance all necessary documents shall have been 32 prepared and properly executed to effectuate the following: a) A modification of the 33 bank loan so as to allow prepayments of principal to be applied to the front-end 34 rather than the back-end of the principal loan balance: and b) A modification of the 35 loan documents between the City and the Authority to effectuate the terms of this 36 ordinance. 37 BE IT FURTHER ORDAINED that the City Council of the City of 38 Virginia Beach hereby authorizes and directs the City Manager to execute the 39 necessary documents to effectuate the terms of this Ordinance. ADOPTED: December 19, 1995 40 F \U$1iRS~Li::JIiUNLahnORMSWBDAORD WPD 41 42 APPROVED AS TO LEGAL SUFFICIENCY 43 (DEPARTMENT) 44 ATTACHMENT A ~inia Beach Development Authorit LX_~_O~ Over the years, the city has made twenty-two ~nfrastructure and working capital loans to VBDA Today, all but five of those loans have been repaid or otherwise sabsfied As of June 30, 1995, the status of remaining city loans to VBDA was as follows. Date of Interest Payment 12-03-74 6 89% Demand O3-31-76 6.69% Demar~ 12-27-91 6 71% Demand 05~26.92 6.64% Demand "Old' Loans Subtotal 01-04-93 Variable(a) TOTAL Original Accrued Amounts $ 300,000 500,000 $ 1,265,805 $ 7,265,805 $295,430 118,077 $ 743,199 $1,305,331 $ -0- $1,009,668 $ 595,430 483.7!14 618,077 ........... $ 2,009,004 $ 7,561,468 (a) Interest rate varies based on city's average investment rate of return. (b) Payment clue upon sale of the secured collateral--t.e., land in Oceans west or the 31st Street property. (c) $4,990,332 principal and $562,132 interest. F \USERS~LEJ EUNE~ORM S~Vi3 DAATA.~pD ' Item IV-lc2 CONSENT AGENDA ITEM # 40199 ORDINANCES Upon motion by Vice Mayor Sessoms, seconded by Council Lady Strayhorn, City Council ADOPTED: Ordinance to APPROPRIATE $1,127,084 from Aetna Fire and Casualty Company to the Schoola' Self-Insurance Fund re expenses related to operational and fire damage expenses associated with the Princess Anne High School Fire; and, increase estimated revenues accordingly. Voting: 9-0 (By ConsenO Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, William W. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Mayor Meyera E. OberndorIS, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: Robert lC Dean and Nancy lC Parker December 19, 1995 AN ORDINANCE TO APPROPRIATE $ 1,127,084 FROM AETNA FIRE AND CASUALTY COMPANY TO THE SCHOOLS SELF INSURANCE FUND FOR EXPENSES RELATED TO PRINCESS ANNE HIGH SCHOOL FIRE WHEREAS, the School Division has incurred significant costs related to replacement of 6 furniture and materials, relocation of quarters, and other expenses caused by the Princess Anne 7 High School fire of September 1, 1995; WHEREAS, the Aetna Fire and Casualty Company is the insurance carrier holding the 9 Princess Anne High School policy for the Virginia Beach City Public Schools; and 10 WHEREAS, the Aetna Fire and Casualty Company has made available an additional 11 payment of one million one hundred twenty-seven thousand eighty-four dollars ($1,127,084) for 12 the operational and fire damage expenses associated with the fire. 13 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 14 OF VIRGINIA BEACH, VIRGINIA that funds in the amount of $1,127,084 from Aetna Fire and 15 Casualty Company be appropriated to the School Self Insurance Trust Fund for payment of 16 operational and fire damage expenses associated with the Princess Anne High School fire, and 17 that estimated revenues from insurance be increased by $1,127,084. 18 This ordinance shall be effective on the date of its adoption. 19 Adopted by the Council of the City of Virginia Beach, Virginia on the 19 day of December 1995 , · 20 21 Approved as to Content: 23 Walter C. Kraemer, Jr. - I I II I I _ I I I1[ _ I I II APPROVED AR TO LEGAL SUFFIC:~,,,,,'.5',' I III ii I i Bjmkl ~ob96yr~ord - 24 - Item IV-K.$ CONSENT AGENDA ITEM # 40200 ORDINANCES Upon motion by Vice Mayor Sessoms, seconded by Council Lady Strayhorn, City Council ADOPTED: Norfolk Southern Rail-Thalia Road Grade Crossing: ADOPTED a Resolution to request the Virginia Department of Transportation (VDOT) program an urban highway project for improvements at this crossing. The City agrees to pay its pro rata share. ADOPTED an Ordinance to ACCEPT and APPROPRIATE a $63,000 Grant from VDOT; authorize use of Urban Allocation funding as the required City match re improving the grade crossing; and, increase estimated revenues accordingly. Voting: 9-0 (By ConsenO Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, William W.. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Mayor Meyera E. Oberndorf,, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: Robert K. Dean and Nancy lC. Parker December 19, 1995 PROJECT PROGRAMMING RESOLUTION RAIL/HIGHWAY GRADE CROSSING PROJECT WHEREAS, in accordance with Virginia Department of Transportation construction allocation procedures, it is necessary that a request by Council resolution be made in order that the Department program an urban highway project in the City of Virginia Beach; now THEREFORE BE IT RESOLVED, that the City of Virginia Beach, Virginia, requests the Virginia Department of Transportation to establish a project for the improvement of the Norfolk Southern Ra±l-Thalia Road Grade Crossing. BE IT FURTHER RESOLVED, that the City Council of Virginia Beach hereby agrees to use urban allocation funds for the required 10% matching funds, and to pay its share, 2% of the 10.0% total cost for preliminary engineering, right-of-way, and construction of this project, and that if the City subsequently elects to cancel this project, the City hereby agrees to reimburse the Virginia Department of Transportation for the total amount of the costs expended by the Department through the date the Department is notified of such cancellation. ADOPTED THIS 19 DAY OF December CITY OF VIRGINIA BEACH, VIRGINIA 19 95 ATTEST BY: MAYOR/CITY MANAGER CLERK OF COUNCIL D£PARTMkNI' ~PPROVED AS TO LEGAL SUFFiCIENC ND FOR/", CITY ATTOPNEY AN ORDINANCE TO ACCEPT A GRANT FROM THE VIRGINIA DEPARTMENT OF TRANSPORTATION IN THE AMOUNT OF $63,000 AND TO AUTHORIZE THE USE OF URBAN ALLOCATION FUNDING AS THE REQUIRED CITY MATCH FOR THE PURPOSE OF IMPROVING THE NORFOLK SOUTHERN RAIL - THALIA ROAD GRADE CROSSING 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 WHEREAS, the Virginia Department of Transportation (VDOT) has accepted an application from the City and approved grant funds for a safety improvement project of the Norfolk Southern Rail - Thalia Road Grade Crossing; WHEREAS, improvements under consideration for the Norfolk Southern Rail - Thalia Road Grade Crossing will be designed to reduce the potential for future accidents at this location; WHEREAS, the project is estimated to cost $70,000 and the grant requires a 10% match in local funding, or $7,000 of the project cost; and WHEREAS, matching funds are available from the City's urban allocation funds. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. That a grant in the amount of $63,000 from the Virginia Department of Transportation for improvements to the Norfolk Southern Rail - Thalia Road Grade Crossing is hereby accepted and appropriated to CIP Project # 2-285 (Traffic Safety Improvements); 2. That City Council hereby authorizes the use of $6,860 in urban allocation funds as the City's required local match for this project; 3. That city Council hereby authorizes the use of $140 from CIP Project # 2-285 as the City's required 2% match of urban allocation funds; and 4. That estimated revenues from the Commonwealth of Virginia are hereby increased by $63,000. 34 35 Adopted by the Council of the City of Virginia Beach, Virginia, on the 19 day of December , 1995. 36 37 adoption. This ordinance shall be in effect from the date of its 38 39 40 41 42 43 44 45 46 CA-6170 ORDIN\NONCODE \NSRAIL. ORD R-1 PREPARED: 12 / 13 / 95 APPROVED AS TO CONTENT Public Works 47 48 49 5o APPROVED AS TO LEGAL SUFFICIENCY ~D~epartment of Law - 25 - Item 1V-K. 4 CONSENT AGENDA ITEM # 40201 ORDINANCES Upon motion by Vice Mayor Sessoms, seconded by Council Lady Strayhorn, City Council ADOPTED: Ordinance to authorize a $2,979 TRANSFER from the General Fund Reserve for Contingencies to reimburse the Water and Sewer Fund re the costs of water and sewer fees associated with the construction of a Habitat for HUMANITY HOUSE on Carver Avenue (LYNNHAVEN BOROUGH). (Requested by Council Lady Nancy IC Parker) Voting: 9-0 (By ConsenO Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, William W. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis P~ Jones, Mayor Meyera E. Oberndoff, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: Robert K. Dean and Nancy K. Parker December 19, 1995 Requested by Councilmember Nancy K. Parker 10 11 12 13 14 15 16 17 18 19 20 21 22 23 AN ORDINANCE AUTHORIZING THE TRANSFER OF $2,979 FROM THE GENERAL FUND RESERVE FOR CONTINGENCIES FOR THE PURPOSE OF REIMBURSING THE WATER AND SEWER FUND FOR THE COSTS OF WATER AND SEWER FEES ASSOCIATED WITH THE CONSTRUCTION OF A HABITAT FOR HUMANITY HOUSE WHEREAS, a Habitat for Humanity house is being built by Virginia Beach United Methodist Church on Carver Avenue in the Lynnhaven Borough; WHEREAS, the cost of construction of the house includes water and sewer fees in the amount of $2,979; and WHEREAS, the City of Virginia Beach wishes to show its support for this project by reimbursing the Water and Sewer Fund, as a charitable gift to Habitat for Humanity, for the costs of such water and sewer fees. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That City Council hereby authorizes the transfer of $2,979 from the General Fund Reserve for Contingencies for the purpose of reimbursing the Water and Sewer Fund, as a charitable gift to Habitat for Humanity, for the costs of water and sewer fees associated with construction of a Habitat for Humanity house on Carver Avenue in the Lynnhaven Borough. 24 25 26 27 28 29 30 Adopted by the Council of the City of Virginia Beach, Virginia, on the 19day of December , 1995. CA-6036 ORDIN\NONCODE\HABIT. ORD R-1 PREPARED: 12/13/95 APPROVED AS TO LEGAL epartment of Law - 26 - Item IV-It5 ORDINANCES ITEM # 40202 The following did not register FOR or AGAINST: John G. Wallace, 637 Rock Drive, Chesapeake 23323, Phone: 485-4373, President Carpenters Local 13, expressed concern relative omission of no testing program to assure the sand will be of beach quality and suggested a random testing program. Phillip Vaughan, 603 Carlton Drive, Newport News Phone: 825-1867, also expressed concern relative quality of sand and requested a testing program be conducted. The following registered in OPPOSITION: Richard Bell, 1504 Stace Court, Phone: 552-6966, landowner in Chesapeake Beach Linda Bell Ahladus, 964 Autumn Harvest Drive, Phone: 474-9500, landowner in Chesapeake Beach Bruce Mills, owner of 4 lots at Chesapeake Park, fronting the Chesapeake Bay Upon motion by Councilman Jones, seconded by Councilman Baum, City Council ADOPTED: Ordinance to authorize the City Manager to execute a license agreement for the Chesapeake Bay Bridge Tunnel District re placement of beach- quality sand in the City-owned Lynnhaven Inlet Stockpile Area at Shore Drive and Lesner Bridge (BAYSIDE BOROUGH). The City Manager shall work with property owners to acquire the necessary dedications. Voting: 10-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Robert K. Dean, William W. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis I~ Jones, Mayor Meyera E. Oberndo~ Vice Mayor William D. Sessorns, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: Nancy I~ Parker December 19, 1995 AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE A LICENSE AGREEMENT FOR THE CHESAPEAKE BAY BRIDGE TUNNEL DISTRICT TO PLACE BEACH QUALITY SAND IN THE CITY-OWNED LYNNHAVEN INLET STOCKPILE AREA 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 WHEREAS, the City has a dredged sand placement area in the city-owned Lynnhaven Inlet Sand Stockpile adjacent to the southwest corner of Lesner Bridge on Shore Drive, hereinafter referred to as "Placement Area"; and WHEREAS, the Chesapeake Bay Bridge Tunnel District, a political subdivision of the Commonwealth of Virginia, hereinafter referred to as "CBBTD," has applied for permits to dredge a channel at Crump's Bank in the Chesapeake Bay; and WHEREAS, the CBBTD has requested permission from the City to give the City beach quality sand dredged from the Crump's Bank channel by placing it in the Placement Area; and WHEREAS, the City has a need for additional beach quality sand for its beach replenishment program. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the attached License Agreement for the placing and granting the City the ownership of beach quality sand from the CBBTD's dredging of the Crump's Bank channel is hereby approved and the City Manager be and hereby is authorized to execute the agreement on behalf of the City of Virginia Beach. Adopted by the Council of the City of Virginia Beach, Virginia, on the 19 day of December , 1995. 28 29 30 31 CA-6194 ORDIN\NONCODE \CBBTD. ORD R-1 PREPARED: 11 / 20 / 95 APPROVED AS TO LEGAL SUFFICIENCY Department of Ill Iml Iml C.B.B.~. z 13:: 13._ Z Li.I 0 ROOKERY Zo DREDGED SAND PLACEMENT AREA LICENSE AGREEMENT THIS LICENSE AGREEMENT, made and entered into as of this VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, hereinafter referred to as "CITY", and the CHESAPEAKE BAY BRIDGE AND TUNNEL DISTRICT, a political subdivision of the Commonwealth of Virginia, hereinafter referred to as "CBBTD", having a principal place of business at 32386 Lankford Highway, P. O. Box 111, Cape Charles, Virginia 23310; WHEREAS, the CITY has a dredged sand placement area in the city-owned Lynnhaven Inlet Sand Stockpile adjacent to the southwest corner of Lesner Bridge on Shore Drive, hereinafter referred to as "Placement Area"; and WHEREAS, the CBBTD has applied fo~ permits to dredge a channel at Crump's Bank in the Chesapeake Bay; and WHEREAS, the CBBTD has requested permission from the CITY to give the CITY beach quality sand dredged from the Crump's Bank channel by placing it in the Placement Area; and WHEREAS, the CITY has a need for additional beach quality sand for its beach replenishment program. NOW, THEREFORE, THIS LICENSE AGREEMENT WITNESSETH, that, for and in consideration of the mutual and public benefits derived from CBBTD's dredging of the aforesaid Crump's Bank channel and granting the CITY the ownership of beach quality sand therefrom, the CITY does hereby authorize CBBTD and its contractor the license to enter, occupy and use the Placement Area pursuant to the following terms and conditions: 1) Costs of Improvements: Any and all improvements to the above described Placement Area necessary to accommodate the material from Crump's Bank channel dredging will be made by the CBBTD or its contractor at no cost to the CITY. 2) Desiqn Requirements: All improvements to the Placement Area and plans for its use will be designed by a qualified professional engineer and be in compliance with all applicable federal, state and local development standards and policies. All plans must be reviewed and approved by the CITY prior to commencement of disposal activities. 3) Material Ouality: The material to be placed within the Placement Area is limited to beach quality sand dredged from the Crump's Bank parallel crossing construction access channel. For the purposes of this Agreement, beach quality sand is defined as clean sand having a median diameter no less than 0.20 mm and containing no more than 5% fines. 4) Hazardous Substances: No hazardous substance shall be a part of the dredged material placed on the Placement Area. The following definition of terms apply to Paragraphs 3, 4, and 5 herein: (i) "Hazardous Substances" means asbestos and any and all pollutants, dangerous substances, toxic substances, hazardous wastes, hazardous materials and hazardous substances as referenced or defined in the Resource Conservation and Recovery Act (42 U.S.C. 6901, et seq.), as amended, the Federal Insecticide, Fungicide and Rodenticide Act (7 U.S.C. 135, et seq.), as amended, the Comprehensive Environmental Response, Compensation and Liability Act (42 U.S.C. 9601, et seq.), as amended, and the Toxic Substance Control Act (15 U.S.C. 2601, et seq.) as amended, or such other local, state, or federal statutes, ordinance, rule or order known to the CBBTD or its agents or assigns involved in the dredging of the material before or during the depositing of material at the Placement Area or brought to their attention by the CITY during said time. (ii) "Release"means placing, releasing, depositing, spilling, leaking, pumping, emitting, emptying, discharging, injecting, escaping, leaching, disposing or dumping. (iii) "Environmental Condition" means any condition, including, without limitation, the Release of Hazardous Substances, located on or affecting the Placement Area that could require remedial action and/or may result in claims, demands, liabilities, costs and/or expenses to the CITY caused by the violation of Paragraphs 3, 4, and 5. (iv) "Notice" means any written, civil, administrative or criminal summons, citation, directive, order, claim, litigation, investigation, proceeding, judgment, letter or other communication from the United States Environmental Protection Agency ("USEPA"), the Virginia Department of Envirohmental Quality, or other federal, state or local agency or authority, or any other entity or any individual, concerning any intentional or unintentional act or omission which has resulted or which may result in the Release of Hazardous Substances on or into the Placement Area or otherwise relates to an Environmental Condition. 5) Environmental Covenants and Warrants: CBBTD covenants, represents and warrants to the CITY that: a) CBBTD, its contractors, agents or employees, shall immediately notify the CITY and be responsible for remediation and damages if it receives Notice as defined above; (b) CBBTD, its contractors, agents or employees, will not cause or permit any Environmental Condition on or affecting the Placement Area; and c) CBBTD, its contractor, agents or employees, will not cause or permit the Release, generation, manufacture, transport, treatment, storage, handling, disposal, transfer, production or processing of Hazardous Substances or other dangerous or toxic substances or solid wastes in the Placement Area. CBBTD further covenants, represents and warrants it will indemnify, defend, reimburse and hold harmless the CITY from any action, suit, proceeding, claim, investigation, citizen suit or review pending or threatened against or affecting the Placement Area arising from its entering, occupying, or use of the Placement Area. Should any Notice of such an action, suit, proceeding, claim, investigation of citizen suit be received, it will be immediately forwarded to the Office of the City Attorney of the City of Virginia Beach, Virginia. 6) Permit Disclaimer: This Agreement will not be construed as approval of any dredging permit applications by the CITY. 7) Schedulinq and Information Requirements: CBBTD will provide Notice to the CITY at least two (2) weeks prior to commencement of disposal operations. This requirement does not obviate other reporting requirements outlined in the permits. 8) Use Limitations: Use of aforesaid Placement Area by CBBTD is hereby limited to the disposal of approximately 100,000 cubic yards of dredged beach quality sand material having a minimum grain size of 0.20 mm and a maximum of 5% fines, as measured within the channel, and placement in the Placement Area to a maximum elevation of 20 feet above the National Geodetic Vertical Datum (1972 adjustment) within the retaining dike. 9) Site Condition at Completion: CBBTD will maintain the Placement Area in accordance with the applicable requirements of the CITY and Commonwealth of Virginia with respect to erosion and sedimentation control. The outfall spillbox will be kept in good working condition and clear of debris during the depositing of material and be functional upon the completion of the pumping operation. 10) Site Attendant: CBBTD will provide a Placement Area attendant, with work experience in dredging operation, on-site at all times during dredged material placement operations under the terms of this Agreement. The attendant will keep close and careful watch over the Placement Area to detect leakage or spillbox failure and provide security surveillance. At all times, the attendant will be in radio contact with representatives of the dredging contractor to alert the contractor of serious conditions which require assistance to control. 11) Misplaced Material: CBBTD and/or its contractor will take all precautions that in the opinion of the CITY are reasonably necessary to prevent the escape of dredged material from the Placement Area. In the event any leaks occur in the discharge line, or any breaks or overflow of the retaihing dike or spillbox, the contractor will be required to discontinue dredging operation until such leaks in the line, or breaks or overflow of the retaining dike or spillbox are remedied and the misplaced material recovered at the expense of CBBTD and/or its contractor to the satisfaction of the CITY. 12) Transfer of Riqhts and Privileges: It is expressly agreed that the rights and privileges granted in this Agreement are not transferrable. 13) Termination: The rights and privileges in this License Agreement shall expire on or before January 1, 1998. The CITY may, at its option and upon written notlce to CBBTD, suspend or revoke this Agreement as the result of CBBTD's failure to comply with the terms and conditions described herein. CBBTD may terminate this Agreement by written notice to the CITY of completion of work or upon written notice to the CITY of its abandonment of the dredging project. Within thirty (30) days of termination by either party or upon expiration, the CITY will make a final inspection of the site to determine compliance with the terms and conditions contained herein. Any defects discovered by said final inspection will be reported to CBBTD in writing and corrected by CBBTD prior to termination or release of CBBTD from this Agreement. CBBTD shall be deemed to have complied with this Agreement except as to those matters, if any, that the CITY, after its inspection and report, gives written notice to CBBTD of claimed violations. 14) Applicable Law: This Agreement will be governed as to all matters whether of validity, interpretation, obligation, performance or otherwise exclusively byI the laws of the Commonwealth of Virginia, and all questions arising with respect thereto will be determined in accordance with such laws. Regardless of where actually delivered and accepted, this Agreement will be deemed to have been accepted by the parties in the Commonwealth of Virginia. 15) Compliance With All Laws: CBBTD will comply with all federal, state and local statutes, ordinances and regulations now in effect or hereafter adopted in the performance of the works set forth herein. CBBTD represents that it possesses all necessary licenses and permits required to conduct its business and will acquire any additional licenses and permits necessary for performance of this Agreement prior to initiation of work. CBBTD further represents that it is a political subdivision in good standing in the Commonwealth of Virginia and will remain in good standing throughout the term of this Agreement. CBBTD will at all times observe all health and safety measures and precautions necessary for the sanitary and safe performance of the work described herein. 16) Venue: Any and all suits for any claims or for any and every breach or dispute arising out of this Agreement will be maintained in the appropriate court of competent jurisdiction in the City of Virginia Beach. 17) Hold Harmless: It is understood and agreed that CBBTD hereby assumes the entire responsibility and liability to the extent provided by law for any and all damages to persons or property caused by or resulting from or arising out of any act or omission on the part of the CBBTD, its contractors, agents, or employees, under or in connection with t~is Agreement or the performance or failure to perform any work allowed by this Agreement. CBBTD will, upon written demand by the CITY, assume and defend at CBBTD's sole expense, any and all such claims or suits and will save harmless the CITY, its officers, employees and agents from the payment of any lawful judgments entered against the CITY, its officers and/or agents under this Agreement by reason of the failure of CBBTD to comply with the terms and conditions of this Agreement. 18) Modification: There may be no modification of this Agreement, except in writing, executed by the authorized representatives of the CITY and CBBTD. 19) Notices: All notices, requests, demands, and other communications required or permitted to be given under the terms of the Agreement will be deemed to have been duly given if in writing and delivered personally, given by prepaid telegram, or mailed by first-class (postage-prepaid), registered, or certified mail as follows: If to CITY, to: Phillip J. Roehrs, Coastal Engineer Office of Beach Management Municipal Center Virginia Beach, Virginia 23456 If to CBBTD, to: James K. Brookshire, Jr., Executive Director Chesapeake Bay Bridge and Tunnel District 32386 Lankford Highway P. O. Box 111 Cape Charles, Virginia 23310 Either party may change the address to which such communications are to be directed by giving written notice to the other party in the manner provided herein. Any notice, request, demand or other communication made pursuant to this Agreement will be deemed to have been received by the addressee at ~uch time as it is personally delivered or on the third business day after it is mailed, as the case may be. 20) The obligations of CBBTD under this Agreement shall survive the expiration and termination of this Agreement for the purposes set forth hereinabove, but nothing herein shall prohibit 9 any lawful or legal defense available in the defense of any claims, demands or suits of third parties. As evidence of this Agreement to the terms and conditions set forth herein, the parties affix their authorized signatures hereto. WITNESS the following signatures and seals: CITY OF VIRGINIA BEACH By City Manager/Authorized Designee of the City Manager (SEAL) ATTEST: Ruth Hodges Smith City Clerk CHESAPEAKE BAY BRIDGE AND TUNNEL DISTRICT &~Ames K. Executive Director (SEAL) ATTEST: ..... ~ ~etary 10 DEPARTMENT LECAL'SUFFICIENCY COMMONWEALTH OF VIRGINIA CITY OF , to-wit: I, the undersigned, a Notary Public in and for the City and State aforesaid, do hereby certify that , City Manager/Authorized Designee of the City Manager, whose name is signed to the foregoing instrument, bearing date on the day of , 199 , has acknowledged the same before me in my City and State aforesaid. Given under my hand this day of , 199 . My Commission Expires: Notary Public COMMONWEALTH OF VIRGINIA CITY OF , to-wit: I, the undersigned, a Notary Publi~ in and for the City and State aforesaid, do hereby certify that RUTH HODGES SMITH, City Clerk, whose name is signed to the foregoing instrument, bearing date on the day of , 199 ., has acknowledged the same before me in my City and State aforesaid. Given under my hand this day of , 199 . My Commission Expires: Notary Public 11 COMMONWEALTH OF VIRGINIA ~OF ~o~+homD%o~ , to-wit: · I, the undersigned, a Notary Public in and for the and State aforesaid, do hereby certify that JAMES K. BROOKSHIRE, JR., Executive Director, on behalf of the Chesapeake Bay Bridge and Tunnel District, whose name is signed to the foregoing instrument, bearing date on the I~ day of k)~)~%rnb~ , 199~__, has acknowledged the same before me in my ~ and State aforesaid. I Given under my hand this ~~ day of ~ou~r~b~- , 199.~ . My Commission Expires: COMMONWEALTH OF VIRGINIA C-t4=P OF A3o~Orn.D+o_~/ , to-wit: I, the undersigned, a Notary Public in and for the ~ and State aforesaid, do hereby certify that~.n_$. ~.~o~~., U . ' Secretary, on behalf of the Chesapeake B~y Bridge and Tunnel , District, whose name is signed to the foregoing instrument, bearing date on the I~kday of ~Ov~o_~n , 1995, has acknowledged the same before me in my ~~and State aforesaid. 12 · Given under my hand this Notary P~blic ~ My Commission Expires: ORIGINALS EXECUTED IN DUPLICATE: ONE COPY TO THE CITY OF VIRGINIA BEACH ONE COPY TO CHESAPEAKE BAY BRIDGE AND TUNNEL DISTRICT 13 - 27 - Item IF- K 6 ORDINANCES ITEM # 40203 Michael C. Ashe, AIA, Architect, The TAF Group, 100 Landmark Square, Phone: 340-0322 Gerald Divaris, Presidneg Columbus Center Associates, advised they gave the City a 30-foot wide easement at the front of the property (comprising 12,450 square feet - that is front feeO. The applicant is requesting from the City 4,164 square feet (back feeO. The front foot is probably 50% more in dollar value than the back foot. Upon motion by Council Lady Henley, seconded by Vice Mayor Sessoms, City Council ADOPTED: Ordinance to authorize a temporary encroachment into a portion of the City's right-of-way of Southern Boulevard at Constitution Drive to Columbus Center Associates re fulfillment of applicant's parla'ng space requirements and that Petitioner bear all costs and expenses, The following conditions shall be required: 1. The owner agrees to remove the encroachment when notified by the City of Virginia Beach, at no expense to the City. 2. The owner agrees to keep and hold the City free and harmless of any liability as a result of the encroachment. The owner agrees to maintain said encroachment so as not to become unsightly or a hazard. The owner must obtain building and right-of-way permits from the Planning Department/Permits and Inspections. The owner must submit and have approved, a traffic control plan before commencing work within the City's right-of-way. The owner agrees to carry General Liability Insurance in an amount not less than $500,000 and have the City named additional insured. The owner agrees to submit, and have approved by the City's Board of Zoning Appeals, a request for off-site parla'ng within the area of the encroachment. The owner agrees to provide and install improvements in accordance with the plans entitled "SKETCH VIEW FIVE COLUMBUS CENTER DIVARIS REAL ESTATE THE TAF GROUP ARCH1TECTURE/ENGINEERING/CONb~R UCTION'; dated 5/26/95 and revised 12/7/95, "STREET SECTIONS FIVE COLUMBUS CENTER VIRGINIA BEACH, VIRGINIA, Sheet No. A1.1", dated 12/7/95 and "SITE PLAN OF FIVE COLUMBUS CENTER VIRGINIA BEACH, VIRGINIA, Sheet No. C1 ", dated 12/5/95, which plans are on file in the office of the Development Services Center of the City of Virginia Beach. December 19, 1995 Item ORDINANCES ITEM # 40203 (Continued) Voting: 10-0 Council Members l/oting Aye: John A. Baum, Linwood O. Branch, III, Robert I~ Dean, William W. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Mayor Meyera E. Oberndoff, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members l/oting Nay: None Council Members Absent: Nancy IC Parker December 19, 1995 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 AN ORDINANCE TO AUTHORIZE A TEMPORARY ENCROACHMENT INTO A PORTION OF THE RIGHT-OF-WAY OF SOUTHERN BOULEVARD TO COLUMBUS CENTER ASSOCIATES, ITS ASSIGNS AND SUCCESSORS IN TITLE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That pursuant to the authority and to the extent thereof contained in Section 15.1-893, Code of Virginia, 1950, as amended, Columbus Center Associates, its assigns and successors in title are authorized to construct and maintain a temporary encroachment into the right-of-way of Southern Boulevard near its intersection with Constitution Drive. That the temporary encroachment herein authorized is for the purpose of constructing and maintaining a paved parking lot and that said encroachment shall be constructed and maintained in accordance with the City of Virginia Beach Public Works Department's specifications as to size, alignment and location, and further that such temporary encroachment is more particularly described as follows: An area of encroachment into a portion of the City's right-of-way known as Southern Boulevard, on the certain plat entitled: "ENCROACHMENT EXHIBIT "A" FOR FIVE COLUMBUS CENTER VIRGINIA BEACH, VIRGINIA," a copy of which is on file in the Department of Public Works and to which reference is made for a more particular description. PROVIDED, HOWEVER, that the temporary encroachment herein authorized shall terminate upon notice by the City of Virginia Beach to Columbus Center Associates, its assigns and successors in title and that within thirty (30) days after such notice is given, said encroachment shall be removed from the City's right-of-way of Southern Boulevard and that Columbus Center Associates, its assigns and successors in title shall bear all costs and expenses of such removal. 42 43 44 45 46 47 48 49 5O 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 7O 71 72 73 74 75 AND, PROVIDED FURTHER, that it is expressly understood and agreed that Columbus Center Associates, its assigns and successors in title, hereinafter referred to as Party of the Second Part, shall indemnify and hold harmless the City of Virginia Beach, its agents and employees from and against all claims, damages, losses and expenses including reasonable attorney's fees in case it shall be necessary to file or defend an action arising out of the location or existence of such encroachment. AND, PROVIDED FURTHER, that the Party of the Second Part agrees to maintain said encroachment so as not to become unsightly or a hazard. AND, PROVIDED FURTHER, that the Party of the Second Part must obtain building and right of way permits from the Planning Department/Permits and Inspections. AND, PROVIDED FURTHER, that the Party of the Second Part must submit and have approved, a traffic control plan before commencing work within the City's right of way. AND, PROVIDED FURTHER, that the Party of the Second Part agrees to carry General Liability Insurance in an amount not less than $500,000.00 and have the City named additional insured. AND, PROVIDED FURTHER, that the Party of the Second Part submits and has approved by the City's Board of Zoning Appeals, a request for off site parking within the requested area of encroachment. AND, PROVIDED FURTHER, that the Party of the Second Part shall provide and install, at no cost to the City, improvements in accordance with the plans entitled "SKETCH VIEW FIVE COLUMBUS CENTER DIVARIS REAL ESTATE THE TAF GROUP ARCHITECTURE ENGINEERING CONSTRUCTION" dated 5/26/95 and revised 12/7/95, "STREET SECTIONS FIVE COLUMBUS CENTER VIRGINIA BEACH, VIRGINIA Sheet No. Al.i" dated 12/7/95 and "SITE PLAN OF FIVE COLUMBUS CENTER VIRGINIA BEACH, VIRGINIA SHEET NO. Cl" dated 12/5/95, which plans are on file in the office of the Development Services Center of the City of Virginia Beach. 76 77 78 79 80 81 82 83 84 85 AND, PROVIDED FURTHER, that this ordinance shall not be in effect until such time that an authorized officer of Columbus Center Associates executes an agreement with the City of Virginia Beach encompassing the aforementioned provisions and Columbus Center Associates submits and obtains approval by the City's Board of Zoning Appeals, a request for off street parking within the requested area of encroachment. Adopted by the Council of the City of Virginia Beach, Virginia, on the 19 day of December 95 , 19 . :~PROVED AS TO CONTE:NT APPROVED AS TO LEGAL SUFFICIENCY THIS AGREEMENT, made this {,Lm-~Wday of O~¢~%WF~ , 19 ~', by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation, GRANTOR, party of the first part, and COLUMBUS CENTER ASSOCIATES, ITS ASSIGNS AND SUCCESSORS IN TITLE, GRANTEE, party of the second part. W I T N E S S E T H: That, WHEREAS, it is proposed by the party of the second part to construct and maintain a paved parking lot in the City of Virginia Beach; and WHEREAS, in constructing and maintaining such paved parking lot, it is necessary that the said party of the second part encroach into a portion of an existing City right of way known as Southern Boulevard; and said party of the second part has requested that the party of the first part grant a temporary encroachment to facilitate such paved parking lot within a portion of the City's right of way known as Southern Boulevard. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the party of the second part and for the further consideration of One Dollar ($1.00), in hand paid, to the said party of the first part, receipt of which is hereby acknowledged, the party of the first part doth grant to the party of the second part a temporary encroachment to use a portion of the City's right of way known as Southern Boulevard for the purpose of constructing and maintaining such paved parking lot. It is expressly understood and agreed that such temporary encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City of Virginia Beach Public Works Department's specifications and approval as to size, alignment and location and is more particularly described as follows, to wit: An area of encroachment into a portion of the City's right of way known as Southern Boulevard as shown on that certain plat entitled: "ENCROACHMENT EXHIBIT "A" FOR FIVE COLUMBUS CENTER VIRGINIA BEACH, VIRGINIA," a copy of which is attached hereto as Exhibit "A" and to which reference is made for a more particular description. It is further expressly understood and agreed that the temporary encroachment herein authorized shall terminate upon notice by the City of Virginia Beach to the party of the second part, and that within thirty (30) days after such notice is given, such temporary encroachment shall be removed from the City's right of way known as Southern Boulevard by the party of the second part; and that the party of the second part shall bear all costs and expenses of such removal. It is further expressly understood and agreed that the party of the second part will indemnify and save harmless the City of Virginia Beach and all its employees from and against all losses and expenses incurred because of claims, demands, payments, suits, actions, recoveries, and judgements of every nature and description brought or recovered against them by reason of any injuries to property or person, including death, arising out of the City's approval of the encroachment described herein. The party of the second part agrees to obtain and keep in force All Risk Property Insurance and General Liability or such insurance as is deemed necessary by the party of the first part, and all insurance policies must name the party of the first part as additional named insured or loss payee, as applicable. The party of the second part agrees to carry Comprehensive General Liability Insurance in an amount not less than $500,000.00, combined single limits of such insurance policy or policies. The party of the second part will provide endorsements providing at least thirty (30) days written notice to the party of the first part prior to the cancellation or termination of, or material change to, any of the insurance policies. The party of the second part assumes all responsibilities and liabilities, vested or contingent, with relation to the encroachment. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge such permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the party of the second part. It is further expressly understood and agreed that the party of the second part agrees to maintain said encroachment so as not to become unsightly or a hazard. 3 It is further expressly understood and agreed that the party of the second part must submit and have approved a traffic control plan before commencing work in the City's right of way. It is further expressly understood and agreed that the party of the second part must obtain a permit from the Development Services Center prior to commencing any construction within the City's right of way. It is further expressly understood and agreed that #(prior to issuance of a Highway permit,) the party of the second part must post a Performance Bond and show proof of public liability insurance of a minimum of Five Hundred Thousand Dollars ($5o0,000.00). It is further expressly understood and agreed that the party of the second part shall provide and install, at no cost to the City, improvements in accordance with the plans entitled "SKETCH VIEW FIVE COLUMBUS CENTER DIVARIS REAL ESTATE THE TAF GROUP ARCHITECTURE ENGINEERING CONSTRUCTION" dated 5/26/95 and revised 12/7/95, "STREET SECTIONS FIVE COLUMBUS CENTER VIRGINIA BEACH, VIRGINIA Sheet No. Al.i" dated 12/7/95 and "SITE PLAN OF FIVE COLUMBUS CENTER VIRGINIA BEACH, VIRGINIA SHEET NO. Cl" dated 12/5/95, which plans are on file in the office of the Development Services Center of the City of Virginia Beach. It is further expressly understood and agreed that the party of the second part shall submit for review and approval, a survey of the area being encroached upon, certified by a professional engineer, and/or "as built" plans of the encroachment, if required by either the City Engineer's Office or the Engineering Division of the Public Utilities Department. It is further expressly understood and agreed that the party of the first part, upon revocation of such authority and ,permission so granted, may remove any such encroachment and charge the cost thereof to the party of the second part, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the party of the second part to remove such temporary encroachment; and pending such removal, the party of the first part may charge the party of the second part compensation for the use of such portion of the City's right of way encroached upon the equivalent of what would be the real property tax upon the land so occupied if it were owned by the party of the second part; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City shall impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that such encroachment is allowed to continue thereafter, and shall collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. IN WITNESS WHEREOF, the said Columbus Center Associates has caused this Agreement to be executed in its corporate name and on its behalf by its president, and its corporate seal to be hereto affixed and duly attested by its corporate secretary with due authority by its board of directors. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. CITY OF VIRGINIA BEACH (SEAL) ATTEST: By City Manager/Authorized Designee of the City Manager City Clerk ~'ED AS TO CONTENT DEPARTMENT ,D AS TO SUFFICIENCY Columbus Center Associates a Virginia general partnership By Urban Centers, Inc., a Virginia corporation, General Partner By: ~ Gerald S. Divaris, President STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: I, /9~7-~/~/~ /~. /~m~J , a Notary Public in and for the City and State aforesaid, do hereby certify that GERALD S. DIVARIS, President on behalf of Urban Centers, Inc., a Virginia Corporation, General Partner of Columbus Center Associates, a Virginia General Partnership, whose name is signed to the foregoing writing, bearing date the /~r~ day of ~¢ ~ ~~ , 19 ~ has acknowledged the same before me in my City and State aforesaid. Given under my hand this /~r~day of ~6¢F~ ~.~' , My Co~mission Expires: ! ~/X//~ Notary Public - 29 - Item IV-IC 7 CONSENT AGENDA ITEM # 40204 ORDINANCES Upon motion by Vice Mayor Sessoms, seconded by Council Lady Strayhorn, City Council ADOPTED: Ordinance authorizing license refunds in the amount of $9,110.$3 upon application of certain persons and upon Certification of the Commissioner of the Revenue. Voting: 9-0 (By ConsenO Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, William W. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis I~ Jones, Mayor Meyera E. Oberndo~ Vice Mayor William D. Sessorns, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: Robert IC Dean and Nancy IC Parker December 19, 1995 AN ORDINANCE AUTHORIZING LICENSE REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE COMMISSIONER OF THE REVENUE BE IT ORDAINED BY THE COUNCIL OF THE Crl'Y OF VIRGINIA BEACH, VIRGINIA: That the following applications for license refunds, upon certification of the Commissioner of the Revenue are hereby approved: NAME License Date Base Penalty Year Paid ,! Total R J K of Gloucester, Inc. T/A MCDonalds #3984 P.O. Box 1991 Williamsburg, VA 23185 1994 Audit 1,322.99 1,322.99 Rita Holland Dancing School, Inc. T/A Lake Edward Performing Arts Center 2129 General Booth Blvd. 1995 Virginia Beach, VA 23454 9-22-95 30.00 30.00 Speakman, Robert A. 1993-94 T/A D B I Technzcal Services 3401 Dana Lane Vzrginza Beach, VA 23452 Audit 25.00 25.00 Wacaster, Jeff E. T/A Dent Doctor P.O. Box 2844 Newport News, VA 23609 1994-95 Audit 159.58 159.58 Cerbhed as to Payment Comm~smoner of the Revenue ThIs ordinance shall be effective from date of adoption The above abatement(s) totahng $1,537.57 of the City of V~rg~ma Beach on the 19 day of Approved as to form' C,~ Attorney were approved by the Council December , 19 95 Ruth Hodges Smith C~ty Clerk AN ORDINANCE AUTHORIZING LICENSE REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE COMMISSIONER OF THE REVENUE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the following applications for license refunds, upon certification of the Commissioner of the Revenue are hereby approved: NAME License Date Base Penalty Int. Year Prod Total Montgomery Enterprise, Inc. 1948 Route 17 Yorktown, VA 23693 New City Optical Co., Inc. 1107 Wilso Drive Baltimore, MD 21223 Przystawskl, Nicholas (DPM) T/A Achilles Foot Care 9030 West Fort Island Trail Plantation Village #5 Crystal River, FL 34429 1993-94 Audit 116.18 1994 Audit 134.26 1994 Audit 438.29 116.18 134.26 438.29 ThIs ordinance shall be effecbve from date of adoption The above abatement(s) totaling $688.73 of the C~ty of V~rg~ma Beach on the 19 day of Certified as to Payment CommIssioner of the Revenue Approved as to form C~ty Attorney were approved by the Councd December , 19 ~ 95 Ruth Hodges Smith C~tv Clerk AN ORDINANCE AUTHORIZING UCENSE REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE COMMISSIONER OF THE REVENUE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the following applications for license refunds, upon certification of the Commissioner of the Revenue are hereby approved: ., NAME License Date Base Penalty Int. Year Paid H & N Corporation T/A Cuisine & Company P.O. Box 833 Virginia Beach, VA 23451 Haywood, Ralph W. D.D.S., P.C. 1219 Davis Avenue Chesapeake, VA 23325 John E. Wecht, Jr. 4516 Revere Dr~ve Virginia Beach, VA CPA, P.C. 23456 1994-95 Audit 950.26 1995 Audit 1,078.08 1994 Audit 841.64 Total 950.26 1,078.08 841.64 ThIs ordInance shall be effective from date of adoption The above abatement(s) totahng $2,869.98 of the C~ty of V~rgm~a Beach on the 19 day of Cerbhed as to Payment. Commissioner of the Revenue Approved as to form Leshe L blley C~ty Attorney were approved by the Council December , 19 ~ 95 Ruth Hodges Smith C~t¥ Clerk AN ORDINANCE AUTHORIZING UCENSE REFUNDS UPON APPUCATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE COMMISSIONER OF THE REVENUE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the following applications for license refunds, upon certification of the Commissioner of the Revenue are hereby approved: NAME License Date Base Penalty Int. Year Paid Fries, M.G. & Associates, Inc. 749 Thimble Shoals Boulevard Newport News, VA 23606 1994-95 Godwin Hammond & Walton, Ltd. 4460 Corporation Lane #307 1994 Virginia Beach, VA 23462 Gray, Lawrence S. 1994 T/A Gray's Engineering Service 164 Upperv~lle Road Virginia Beach, VA 23462 Audit 466.54 Audit 211.17 Audit 27.90 , , , Total i 466.54 211.17 27.90 ThIs ordInance shall be effecbve from date of adoption. The above abatement(s) totahng $7o5.61 of the City of V, rg~ma Beach on the 19 day of Cerbfied as to Payment: Commissioner of the Revenue Approved as to form: City Attorney were approved by the Council December , 1995 Ruth Hodges Smith C~ty Clerk AN ORDINANCE AUTHORIZING UCENSE REFUNDS UPON APPUCATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE COMMISSIONER OF THE REVENUE BE IT ORDAINED BY THE COUNCIL OF THE crI'Y OF VIRGINIA BEACH, VIRGINIA: ., That the following applications for license refunds, upon certification of the Commissioner of the Revenue are hereby approved: NAME Ucense Date Base Penalty Int. Year Paid Albrlght, Catherine A. T/A Among the Angels 6040 Laurel Loop Flagstaff, AZ 86004 Brlckhouse, Hldeko O. T/A Brickhouse TailorIng 2301 Indian Hill Road Virginia Beach, VA 23455 Cress, Robert D. T/A C S Cards & Comics 709 Kennesaw Court V~rg~nla Beach, VA 23464 1995 Audit 52.37 1995 Audit 120.74 1994 Audit 131.34 Total 52.37 120.74 131.34 Th~s ordinance shall be effective from date of adoption The above abatement(s) totaling $304.45 of the City of V~rgima Beach on the 19 day of Certified as to Payment' Commissioner of the Revenue Approved as to form: Leslie L Lilley ~ City Attorney were approved by the Council December , 19 95 Ruth Hodges Smith C~ty Clerk AN ORDINANCE AUTHORIZING UCENSE REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE COMMISSIONER OF THE REVENUE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the following applications for license refunds, upon certification of the Commissioner of the Revenue are hereby approved: Ucense Date Base Penalty Int. NAME Year Prod Pediatrics at the Beach, Inc C/O Stephen Q. Rodgers, MD 844 First Colonial Road S-204 Virginia Beach, Va 23454 AUDIT 3,004.19 To~l 3,004.19 Th~s ordinance shall be effective from date of adoption The above abatement(s) totahng $ 3,004.19 of the City of V, rglma Beach on the 19 day of Cert~hed as to Payment Commissioner of the Revenue Approved as to form. C,ty Attorney were approved by the Council December , 19 95 Ruth Hodges Smith C~ty Clerk - 30 - Item IV-L.I. PUBLIC HEARING ITEM # 40205 PLANNING Mayor Oberndorf DECIetRED a PUBLIC HEARING on: PLANNING I. BECO CONSTRUCTION, INC. STREET CLOSURE December 19, 1995 - 31 - Itera IV-L. 2. PUBLIC HEARING ITEM # 40206 PLANNING Attorney R. Edward Bourdon, Pembroke One, Fifth Floor, Phone: 499-8971, represented the applicant Upon motion by Councilman Harrison, seconded by Councilman Heischober, City Council AUTHORIZED FINAL APPROVAL of the Ordinance upon application of BECO CONSTRUCTION, INC., for the discontinuance, closure and abandonment of a portion of excess right-of-way. Ordinance upon application of Beco Construction, Inc. for the discontinuance, closure and abandonment of a portion of excess right- of-way as shown on the plat entitled "Excess Right-of-Way Adjacent to Little Neck Road To be Closed for Beco Construction" on file in the Planning Department. Said parcel contains 1859 square feet. L YNNHA VEN BOROUGH. Voting: 10-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Robert 14. Dean, William W.. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Mayor Meyera E. Oberndoff, Vice Mayor William D. Sessorns, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: Nancy lC Parker December 19, 1995 SYKES, CARNES, BOURDON & AHERN, P C ATTORNEYS AT LAW ORDINANCE NO. IN THE MATTER OF CLOSING, VACATING AND DISCONTINUING A PORTION OF EXCESS RIGHT-OF-WAY ADJACENT TO LITTLE NECK ROAD, AS SHOWN UPON THAT CERTAIN PLAT ENTITLED, "EXCESS RIGHT-OF-WAY ADJACENT TO LITTLE NECK ROAD TO BE CLOSED FOR BECO CONSTRUCTION". WHEREAS, it appearing by affidavit that proper notice has been given by BECO CONSTRUCTION, INC., that they would make application to the Council of the City of Virginia Beach, Virginia, on October 24, 1995, to have a portion of the hereinafter described street discontinued, closed, and vacated; and WHEREAS, it is the judgment of the Council that the portion of said street be discontinued, closed, and vacated; NOW THEREFORE, SECTION I BE IT ORDAINED by the Council of the City of Virginia Beach, Virginia, that the hereinafter described street be discontinued, closed, and vacated: SEE ATTACHED EXHIBIT Said parcel of land being a portion of excess right-of-way adjacent to Little Neck road as indicated on that certain street closure plat of property to be vacated adjoining and adjacent to the properties of the Petitioner located in the Lynnhaven Borough, Virginia Beach, Virginia, which plat is to be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, upon adoption of this ordinance, and which is made a part hereof by reference. SECTION II A certified copy of this Ordinance shall be filed in the Office of the Circuit Court of the City of Virginia Beach, Virginia, and indexed in the name of the City of Virginia Beach as Grantor. GPIN NO.: 1488-92-4496 - 1 - SYKES, CARNES, BOURDON & AHERN, P C A~FORNEYS AT LAW eight 5260i SECTION III This Ordinance shall be (180) days from the date of its SECTION IV effective adoption. one-hundred and FINAL APPROVAL - DECEMBER 19, 1995 Adopted: - 2 - SYKES, CARNES, BOURDON & AHERN, P C ATTORNEYS ATLAW EXHIBIT "A" EXCESS RIGHT-OF-WAY ADJACENT TO LITTLE NECK ROAD ALL THAT CERTAIN PIECE OR PARCEL OF LAND SITUATE, LYING AND BEING IN THE LYNNHAVEN BOROUGH OF VIRGINIA BEACH, VIRGINIA as shown on that plat entitled "EXCESS RIGHT-OF-WAY ADJACENT TO LITTLE NECK ROAD TO BE CLOSED FOR BECO CONSTRUCTION" dated October 18, 1995, by W.P. Large, Inc. containing 0.042~ acres which parcel is more particularly described as beginning at a point along the eastern right-of-way of Little Neck Road at the northwest corner of Lot B-1 as depicted on that certain plat entitled, "Subdivision of Lot B, Subdivision of Property of Hubert L. and Mona H. Dail" recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 182, at Page 22; and from said point, following the eastern right-of-way line of Little Neck Road in a southerly direction along a curve with a radius of 2904.79° an arc distance of 58.65 feet to the TRUE POINT OF BEGINNING and continuing from said True Point of Beginning in a southerly direction along a curve with a radius of 2904.79° an arc distance of 35.09 feet to a point; thence in a southeasterly direction along a curve with a radius of 25.00° an arc distance of 37.85 feet to a point; Thence north 87° 36' 48" east 21.26 feet to a point; Thence in an easterly direction along a curve with a radius of 150.00° an arc distance of 0.60 feet to a point; Thence north 02° 30' 33" west 40.05 feet to a point; Thence south 87° 29' 27" west 28.94 feet to a point; Thence in a northwesterly direction along a curve with a radius of 20.00° an arc distance of 30.07 feet to the True Point of Beginning. 5260i - 3 - 080 / 028 I I I I I I I o I I BECO CONSTRUCTION, INC. Closure excess RC~ Lynnhaven Borough / × / J\ 0 Item 1V-M. 1. ,4PPOINTMENTS ITEM # 40207 Upon NOMINATION by Vice Mayor Sessoms, City Council REAPPOINTED: AGRICULTURAL ADI~ISORY COMMISSION Norris W. Shirley 4 Year Term 10/01/95-09/30/99 Voting: 10-0 Council Members Voting Aye: John A. Baton, Linwood O. Branch, III, Robert K. Dean, William W. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Mayor Meyera E. Oberndoff, Vice Mayor William D. Sessorns, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: Nancy K. Parker December 19, 1995 - 33 - Item IV-M. 2. APPOINTMENTS ITEM # 40208 Upon NOMINATION by Vice Mayor Sessoms, City Council: CHESAPEAKE BAY PRESERVATION AREA BOARD REAPPOINTED: Charles W. Gardner 3 Year Term 01/01/96-12/31/98 AND, APPOINTED: Lynn Hightower Unexpired thru 12/31/96 Voting: 10-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Robert K, Dean, William IV.. Harrison, Jr., Harold Heischober, Barbara 34. Henley, Louis R. Jones, Mayor Meyera E. Oberndoff, Vice Mayor William D. Sessorns, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: Nancy IC Parker December 19, 1995 - 34 - Item IV-M.3. APPOINTMENTS ITEM # 4O2O9 Upon NOMINATION by Vice Mayor Sessoms, City Council: COMMUNITY SERVICES BOARD REAPPOINTED: Edward L. Richardson 3 Year Term 01/01/96-12/31/98 AND, APPOINTED: Richard Brody Jerry Tata 3 Year Terms 01/01/96-12/31/98 Voting: 10-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Robert IC Dean, William W.. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Mayor Meyera E. Oberndo~ Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: Nancy IC Parker December 19, 1995 Item IV-M.4. APPOINTMENTS ITEM # 4O210 Upon NOMINATION by Vice Mayor Sessoms, City Council REAPPOINTED: PLANNING COMMISSION Margaret L. Eure Judith L. Rosenblatt 4 Year Terms 01/01/96 -12/31/99 Voting: 10-0 Council Members l/'oting Aye: John A. Baum, Linwood O. Branch, III, Robert K. Dean, William W. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Mayor Meyera E. Oberndoff, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: Nancy IC Parker December 19, 1995 Item 1V-N.1. UNFINISHED BUSINESS ITEM # 40211 Councilman Harrison presented REDISTRICTING PLAN "D-2" which was developed with the assistance of Council Members Baum and Henley. This is a modification of the previous plan of John Atkinson. In this Plan, the Central Business District is divided into an area where four Council Members would each have a say in the CBD Plan. The Plan also divided the beaches of the City, so the shoreline of the City was shared by four Council Members. This Plan combines the current Blackwater and Pungo Boroughs. Councilman Harrison modified the boundaries of District 3 and District 4 to represent exactly the current Borough system. Thereby all the hotels are not separated into two districts as with the Atkinson Plan. Redistricting Plan D-2 also creates one largely agricultural area. BY CONSENSUS, Redistricting Plan D-2 will be forwarded by the City Attorney for analysis by Election Data Services. December 19, 1995 - 37 - Item IV-O.1. NEW BUSINESS ITEM # 40212 ADD -ON Upon motion by Council Lady Strayhorn, seconded by Councilman Dean, City Council ADDED to the Agenda: Resolution opposing HB-1 re Council candidates being identified on a Ballot as affiliated with a political party. Voting: 10-0 Council Members Voting .dye: John ,4. Baum, Linwood O. Branch, III, Robert IC Dean, William W. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Mayor Meyera E. Oberndoff, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: Nancy IC Parker December 19, 1995 - 38 - Item IV-O.I. NEW BUSINESS ITEM # 4O213 ADD-ON Upon motion by Vice Mayor Sessoms, seconded by Council Lady Strayhorn, City Council ADOPTED, AS AMENDED: Resolution opposing HB-1 re Council candidates being identified on a Ballot as affiliated with a political party. *The word "allow" shall be changed to "permit or require": The title shall read as follows ,4 Resolution expressing City Council's Opposition to Any State Legislation which wouM permit or require aU, o"~ Council Candidates to be identified on the Ballot as being affiliated with a political party. Lines 26 and 36 should also be amended to change the word "allow" to ''permit or require". Voting: 10-0 Council Members Voting Aye: John A. Baam, Linwood O. Branch, III, Robert K Dean, William W. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Mayor Meyera E. Oberndoff, Vice Mayor William D. Sessorns, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: Nancy 3L Parker December 19, 1995 1 2 3 4 5 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 29 3O 31 32 A RESOLUTION EXPRESSING CITY COUNCIL' S OPPOSITION TO ANY STATE LEGISLATION WHICH WOULD PERMIT OR REQUIRE COUNCIL CANDIDATES TO BE IDENTIFIED ON THE BALLOT AS BEING AFFILIATED WITH A POLITICAL PARTY WHEREAS, elections for the Council of the City of Virginia Beach have, since the very first election, been non- partisan; WHEREAS, City Council has historically recognized the value of keeping partisan politics out of local government; WHEREAS, City Council has previously memorialized its opposition to the influence of partisan politics in the local governmental process by its adoption of a Code of Ethics in 1968, and S 2-90 of the City Code in 1990, both of which place restrictions on political activities by City employees; WHEREAS, S 24.2-613 of the Code of Virginia currently provides that "[n]o names of political parties shall appear on the ballot, except as provided in S 24.2-614 for presidential elections"; WHEREAS, House Bill No. 1, which was prefiled on November 13, 1995, amends S 24.2-613 by deleting the above-referenced language, and by adding a new paragraph providing that "[e]ach candidate who has been nominated by a political party ... shall be identified by the name of his political party"; WHEREAS, House Bill No. 1, if enacted into law, will permit or require candidates for election to the Virginia Beach City Council to be identified on the ballot as representing a particular political party; and WHEREAS, enactment of this bill will severely undermine the Council's efforts to keep partisan politics out of the local governmental process, and will be contrary to the best interests of the City of Virginia Beach and its citizens. 34 35 37 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That City Council hereby expresses its opposition to House Bill No. 1, and to any State legislation which would permit or require Council candidates to be identified on the ballot as being affiliated with a political party. 39 40 Adopted by the Council of the City of Virginia Beach, 19 December Virginia, on the day of , 1995. 41 42 43 44 CA-6180 ORDIN\NONCODE\BALLOT. RES R-2 DECEMBER 20, 1995 Item 1V-0.2 NEW BUSINESS ITEM # 4O214 ADD -ON Upon motion by Councilman Branch, seconded by Councilman Baton, City Council ADDED to the Agenda: SCHEDULING ,4 PUBLIC HEARING for 2 January 1996: Charter Amendment re election of School Board Members at the November General Elections, beginning in 1998. Voting: 10-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Robert K Dean, William W. Harrison, Jr., HaroM Heischober, Barbara M. Henley, Louis R. Jones, Mayor Meyera E. Oberndoff, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: Council Members Absent: Nancy K. Parker December 19, 1995 Item IV-0.2 NEW BUSINESS ITEM tt 40215 ADD-ON Upon motion by Councilman Branch, seconded by Councilman Baum, City Council SCHEDULED: PUBLIC HEARING for 2 January 1996: Charter Amendment re election of School Board Members at the November General Elections, beginning in 1998. Voting: 10-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Robert K. Dean, William W. Harrison, Jr., HaroM Heischober, Barbara M. Henley, Louis 1~ Jones, Mayor Meyera E. Oberndo~ Vice Mayor William D. Sessotns, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: Nancy K. Parker December 19, 1995 - 41 - Item 1V-O.$ NEW BUSINESS ITEM # 40216 ADD -ON Councilman Dean referenced City Council's receipt of the Attendance Records of the Review and Allocation Committee (COMMUNITY ORGANIZATION INCENTIVE GRANT PROGRAM). Councilman Dean advised his excused absences were due to PUBLIC BUDGET WORKSHOPS. December 19, 1995 - 42 - Item IV-OM NEW BUSINESS ITEM # 40217 ADD -ON Councilman Dean distributed the DRAFT of a Memorandum of Agreement: Reconciliation Plan for School Division's FY 1994-1995 Budget Deficit. Councilman Dean had just received a FAX from the School Adminsitration. They have evidently agreed to the proposal for the payback of the funds. The School Board was in EXECUTIVE SESSION. December 19, 1995 Item IV-O. -- ADJOURNMENT ITEM # 40218 Mayor Oberndorf DECIatRED the City Council Meeting ADJOURNED at 5:35 P.M.. Beverly O. Hooks, CMC Chief Deputy City Clerk Ruth Hodges Smith, CMC/A/IE City Clerk Meyera E. Oberndorf Mayor City of Virginia Beach Virginia December 19, 1995