APRIL 7, 1998 MINUTESCITY COUNCIL
MAYOR MEYERA E. OBERNDORF, At-Large
VICE MAYOR WILLIAM D. SESSOMS, JR., At-Large
JOHN A BAUM, Blackwater Borough
LINWOOD 0. BRANCH IlL Virginia Beach Bmough
WILLIAM W. HARRISON, JR., Lynnhauen I~ough
HAROLD HEISCHOBER, At-Large
BARBARA M. HENLEY, Pungo Borough
LOUIS R. ]ONES, Bayside Borough
REBA S. McCLANAN. Pnncess Anne ~orough
NANCY K. pARKER, At-Large
LOUISA M. STRAYHORN, Kernpsmlle Borough
JAMES K. SPORE, City Manager
LESLIE L. IJI~EY, City Attorney
RUTH HODGES SMITH, CMC / AAE, City Clerk
City of Virginia 13cach
"WORLD'S LARGEST RESORT CITY"
CITY COUNCIL AGENDA
CITY HALL BUIIJ)ING
2401 COURTIiOUSE DRIVE
VIRGINIA BEACH, VIRGINIA 23456-9005
1757~ 427-4303
April 7, 1998
WORKSHOP - Conference Room -
A. PROPOSED RESOURCE MANAGEMENT PLAN (BUDGET) FY 1998-1999
B. CAPITAL IMPROVEMENT PROGRAM (CIP)
10:00 AM
II. CITY MANAGER'S BRIEFINGS
11:00 AM
Bo
MULTI-FAMILY STRUCTURES
Clarence Warnstaff, Director, Department of Public Utilities
Sanitary Sewer Connection Fees and Service Charges
Sanitary Sewer and Water Connection Finance Charges
GENERAL OBLIGATION AND REFUNDING BOND SALE
Patricia Phillips, Director, Department of Finance
CITY LINE ROAD
John Herzke, City Engineer
IH. REVIEW OF AGENDA ITEMS
IV. CITY COUNCIL CONCERNS
V. INFORMAL SESSION
- Conference Room -
1:00 PM
Ao
CALL TO ORDER - Mayor Meyera E. Obemdorf
ROLL CALL OF CITY COUNCIL
C. RECESS TO EXECUTIVE SESSION
VI. FORMAL SESSION
- Council Chamber -
2:00 PM
CALL TO ORDER - Mayor Meyera E. Obemdorf
INVOCATION: Reverend Thomas K. Frizzell, Jr.
Messiah Lutheran Church
C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
D. ELECTRONIC ROLL CALL OF CITY COUNCIL
E. CERTIFICATION OF EXECUTIVE SESSION
F. MINUTES
1. INFORMAL & FORMAL SESSIONS March 24, 1998
2. SPECIAL FORMAL SESSION March 31, 1998
G. AGENDA FOR FORMAL SESSION
The Consent Agenda will be determined during the Agenda Review Session and considered in the
ordinary course of business by City Council to be enacted by one motion.
H. RESOLUTION
Resolution to request the Virginia Department of Transportation (VDOT) concentrate its
Feasibility Study of the City Line Road project on alignments to minimize impact on
residential communities North and West of Interstate 64.
I. ORDINANCES
Ordinance to AMEND Chapter 2, Division 2.5 of the City Code re procurement,
incorporating by reference, designated sections of the Virginia Public Procurement Act.
2.. Ordinances re Community Services Board:
ACCEPT and APPROPRIATE $315,264 in Federal and State Funds from the
Commonwealth of Virginia to the 1997-1998 Operating Budget of the Department
of Mental Health, Mental Retardation and Substance Abuse (MHMRSA) re the
Detox and Day Support Facility; and, estimated revenues be increased accordingly.
ACCEPT and APPROPRIATE a $10,000 Grant from the Federal Government to
the 1997-1998 Operating Budget of the Department of Mental Health, Mental
Retardation and Substance Abuse (MHMRSA) re additional training in HIV
prevention to high risk youth and adults.
Ordinance to authorize acquisition of a traffic control easement and property conveyed
to the City of Virginia Beach for right-of-way purposes from Potter Properties, either by
agreement or condemnation, re intersection improvements and the installation of a new
traffic signal at the Northwest comer of First Colonial Road and Hilltop Loop/Republic
Road (CIP 2-285.37B).
4. Ordinances to authorize temporary encroachments:
Into a portion of the City's right-of-way at the East end of 47th Street by the BUFF
FOUNDATION, INC., re constructing and maintaining a Memorial Garden
(VIRGINIA BEACH BOROUGH).
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Into a portion of the City's 40' cross-reciprocal ingress/egress easement and 40'
drainage easement at the rear of 2233 Haversham Close by H. STEVEN CHOI and
THERESA L. BATAC re constructing and maintaining a bulkhead, fill, boat lilt and
marginal wharf into the Chelsea Canal at Broad Bay Greens (LYNNHAVEN
BOROUGH).
CERTIFICATES OF PUBLIC CONVENIENCE AND NECESSITY:
Ground Transportation Specialist, Inc.
Land Yachts, LLC
Long's Limousine Service
License Refunds: $8,912.32
Jo
APPOINTMENTS
FRANCIS LAND HOUSE BOARD OF GOVERNORS
PERSONNEL BOARD
THE PLANNING COUNCIL
VIRGINIA BEACH CRIME TASK FORCE
VIRGINIA BEACH HEALTH SERVICES ADVISORY BOARD
WETLANDS BOARD
K. UNFINISHED BUSINESS
Lo
NEW BUSINESS
1. ABSTRACT OF LEGAL CASES RESOLVED - MARCH 1998
M. ADJOURNMENT
FY 1998-1999 OPERATING BUDGET & CAPITAL IMPROVEMENT PROGRAM SCHEDULE
EVENT DATE TIME PLACE
Council Workshop Tuesday, April 14 10:00 AM - Noon Conference Room
Public Hearing Thursday, April 16 7:00 PM Larkspur Middle School
Council Workshop Tuesday, April 21 3:00 PM - 5:00 PM Conference Room
Schools - Quality Education
Council Workshop Tuesday, April 28 2:00 PM - 4:00 PM Conference Room
Public Hearing Tuesday, April 28 6:00 PM City Council Chamber
Election Day Tuesday, May 5 No Council Meeting
Reconciliation Workshop Wednesday, May 6 3:00 PM - 5:00 PM Conference Room
Adopt Budget & CIP Tuesday, May 12 2:00 PM City Council Chamber
04/03/98bap
AGENDA\04\07\98.ITM
www.virginia-beach.va.us
CITY COUNCIL CEREMONIAL OATH and REORGANIZATION
2:00 PM
Tuesday, July 7, 1998 - 2:00 PM
City Council Chamber
If you are physically disabled or visually impaired
and need assistance at this meeting,
please call the CITY CLERK'S OFFICE at 427-4303
Hearing impaired, call: TDD only 427-4305
(TDD - Telephonic Device for the Deaf)
MINUTES
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
April 7, 1998
Mayor Meyera E. Oberndorf called to order the WORKSHOP for the Proposed RESOURCE
MAN.4GEMENTPLAN (BUDGET) FY1998-1999 and CAPITAL IMPROVEMENTPROGRAM (CIP)
in the Council Conference Room, City Hall Building, on April 7, 1998, at I O:OO A.M., after which the CITY
MANAGER'S BRIEFINGS commenced at 12:03 P.M.
Council Members Present:
John A. Baum, Linwood O. Branch, III, Harold Heischober, Barbara M.
Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf
and Nancy K. Parker
Council Members Absent:
Vice Mayor William D. Sessoms, Jr.
William W. Harrison, Jr.
Louisa M. Strayhorn
[ENTERED: 11:12 A.M.]
[ENTERED: 10:10 A.M.]
[ENTERED: 10:20 A.M.]
City of Virginia F ¢ach
INTER-OFFICE CORRESPONDENCE
MEMORANDUM
DATE:
TO:
FROM:
SUBJECT:
April 10, 1998
James K. Spore, City Manager
Clarence Warnstaff, Public Utilities
Potentially Sensitive Sanitary Sewer and Water Projects From Proposed FY 99-04
CIP
During Tuesday's workshop, a request was made to identify any water and sanitary sewer
projects which might be subject to potential controversy from residents in the affected areas. Most
all neighborhood projects are subject to controversy just by their nature. It is quite common that
some residents are opposed to the projects, and all projects have impact upon the neighborhood
with regard to construction conflicts, inconveniences, and fees required to connect to the service.
However, we have reviewed the list of capital projects, and have identified the following which we
feel represents the most potential for neighborhood sensitivity:
ClP 6-972 - Alanton Sanitary Sewer Project
Alanton is a large sanitary sewer neighborhood project which will serve over 500 lots. It is
a 51% project (more than 51% of the property owners have requested the city extend
service). There are a significant number of residents opposed to the project. Phase I
construction will be initiated in May 1998. Sanitary sewer connection fees are also an
issue because of the extensive front footage of some large lots, and the high fee
associated with the connection. The transition from sanitary sewer connection fees based
on front footage to the drainage fixture units (DFU) concept will help mitigate this concern.
CIP 6-931 - Sandbridge Sanitary Sewer Project
Sandbridge is a 51% neighborhood project, and also designated a Health Department
classification of Category A. Sandbridge has over 1400 lots, and the sanitary sewer
system is divided into two phases. Phase I is scheduled for completion in April 1998.
Phase II Collection System has been bid, and construction is scheduled to be complete in
March 1999. The anticipated sensitivity of this project other than normal construction
conflicts, is the inconvenience of the project construction continuing through the summer
tourist season. This project will be coordinated very closely with the Sand Replenishment
Project which will be taking place at the same time. The need for coordination between
these two projects has been discussed with the Sandbridge Civic League, and it is felt that
James K. Spore -2 April 10, 1998
coordination can be accomplished successfully. The primary concern of the civic league
has been that the sanitary sewer project be totally completed prior to the 1999 tourist
season.
CIP 6-050 - Salem Road/Landstown Road and
CIP 6-032 Salem Road/Highland Acres and
CIP 6-023 - Indian River Road South Sanitary Sewer Projects
These are all project areas which have been identified by the Health Department as
Category A. The potential sensitivity of each of these projects results from the narrow road
conditions, and the potential for road closures and some tree removal.
CIP 5-081 - Sherry Park
This is a 51% neighborhood project with over 600 lots included. Approximately 25%, or
150, of these lots are included in the private utility area of Indian River Water Company.
This project will be constructed in two phases. Phase I will be advertised in April 1998, and
will include all residents who are not currently served by the Indian River Water Company.
Phase Il will be advertised once an agreement to purchase the Indian River Water
Company has been successfully negotiated. The sensitivity of this project is related to the
potential for delay of the Phase II project as a result of negotiations for the purchase of the
private utility company. In addition, there will be a requirement once the private system is
purchased by the city, for each customer (previously served by the private utility) to pay
the city a Water Resource Recovery Fee as a result of connecting to the city's system.
CIP 6-103 - Lake Ridge Interceptor Force Main
This project involves 30,000 feet of 42" force main which will be installed from Princess
Anne Road through proposed Judicial Boulevard, and adjacent to Lake Ridge to the
Chesapeake city limits. The City of Virginia Beach is providing design and construction
coordination for this project; however, it is funded by the Hampton Roads Sanitation
District (HRSD). The primary sensitivity of this project is that city staff is aware of at least
two property owners who will be impacted by the proposed Judicial Parkway that have
expressed objections to the road and force main alignment.
In addition, there is a 54" HRSD Interceptor Force Main being designed and constructed
by HRSD from the HRSD Treatment Plant southwest to an existing city sewer force main.
While this project is not in the ClP Program, Public Utilities' staff is providing planning
coordination, and plan review with HRSD. The sensitivities of this project are the overhead
crossing of the Scopus Marsh Creek, plus the proximity of the proposed interceptor to
several residential lots in the Red Mill area. While the interceptor force main will not
encroach upon any lots, there is concern about the construction impacts and tree removal
within the HRSD easement.
E. Dean Block, Management Services
Gary L. Jones, P.E., PU/Engineering
CITY MANAGER'S BRIEFINGS
MUL TI-FAMIL Y STRUCTURES
12:03 P.M.
ITEM # 43408
Clarence Warnstaff, Director of Public Utilities, advised the topics of concern: (1) Sanitary Sewer
Connection Fees and Service Charges, (2) Monthly Sanitary Sewer Service Charges and (3) Financing
of Water and Sanitary Sewer Connection Charges. Financing is now provided for customers. The staff is
recommending the criteria for determining who is eligible for financing be amended.
Relative the Sanitary Sewer Connection Fee, the staff will be recommending the fee structure be changed.
When service becomes available to new customers, there is a mandatory connection requirement that
customers must pay the sanitary sewer connection fees and they must connect their home or business
structure to the public sanitary sewer system i.e. Sandbridge area. When public Sanitary Sewer Service is
provided, all existing homes will be required to abandon their septic tanks and will be required to pay the
fees and connect to the public systems. A connection fee represents simply a portion of the cost that the City
incurs in providing the sewer lines and the pumping facilities. The capital costs to extend the service for
Sandbridge is approximately $11, O00 per lot. The homeowner is assessed at different types of connection
fees. They homeowner may pay back to the City an average fee anywhere from $1700 to $2000. Therefore,
the City receives approximately 15¢ on the dollar. The fee structure is based on front footage. If an
individual owns a lot with a front frontage of l OO feet or less, a fixed amount of $1320 is applicable or an
individual owner with 200foot frontage would be assessed twice as much. For hotels and motels, there is
a per unit charge; and, for commercial, the charge is based on square footage.. The staff is recommending
a new method for determining the connection fees, i.e. fees be based on drainage.fixture units (DFU) inside
a structure. Drainage fixture units is a value assigned to a particularplumbingfixture. It depends upon
its volume rate of drainage discharge, the time duration of a single drainage operation and the average time
between the successive operations. Since 1986, water connection charges have been based on this definition
of drainage ftxture units The drainage fixture unit method is a more accurate measurement of the impact
that a new connection has on the Sanitary Sewer System. This measurement is certainly consistent with the
assessment of the water connection charges. One system in place will provide for greater customer
acceptance and understanding. Concern has been expressed over the years, primarily from residential
communities, about the front footage basis. Ifa resident has a flag lot, and their front footage is 200feet,
the individual is assessed the minimum amount. Ifa resident has 300feet across their frontage, they are
assessed three times the minimum amount. There are administrative processes involved, if the lot is irregular
shaped or if sanitary sewer is on both sides of the lot i.e. a corner lot.
Mr. Warnstaff cited the recommended rates:
City extends service to area:
$56. O0 per Drainage Fixture
Unit Rate for connection to the
public sanitary sewer system.
Developer extends public lines:
$13. O0 per Drainage Fixture
Unit Rate for connection to the
public sanitary sewer system.
The City's goal was to change the rate structure but not generate more revenues. These rates were designed
so the new system, on an average, would produce the same revenue as the old system. A rate increase is not
being sought from this change in the rate structure. There will be no measurable impact upon the Water and
Sewer Enterprise Fund in terms of revenues. The amount of revenue received on an annual basis from the
Sanitary Sewer Connection Fee is approximately $1.3-MILLION. The total Water and Sewer Enterprise
Fund is slightly in excess of $80-MILLION.
When the developer extends the public sewer lines for new development, they pay a lower fee because they
are providing the up-front capital with extension of the local lines. Residents of small homes currently pay
$250 per structure, which is a fixed amount regardless of the size of the home. The staff recognized this
would be an increase for those homes on an average and met with representatives of the Tidewater Builders
Association. They were not excited about the increased amount, but recognized the value of switching to the
drainage fixture unit basis. It is Mr. Warnstaff' s understanding, the developers will not oppose this change.
Mr. Warnstaff advised a bathroom in a home equates to six drainage fixture units.. A dishwasher and
kitchen sink is equal to two drainage fixture units. The average home in Virginia Beach represents
approximately 24 drainage fixture units (2 ~ bathrooms, a sink in the kitchen, dishwasher and washing
machine).
-3-
CITY MANAGER'S BRIEFINGS
MUL TI-FAMIL Y STRUCTURES
ITEM # 43408 (Continued)
The Pavilion Office Center wouM pay less in sewer connection charges under the new system versus the
old. If the office complex was built utilizing the existing infrastructure the city installed, the developer wouM
pay the higher rates. Brewers East Restaurant, under the new methodology, would pay more. The basis
involves the number of drainage fixture units inside the structure versus its square footage. Holiday Inn
Surfside actually sees a reduction under the new scenario based on the drainage fixture unit values. The
actual revenue, under the test period, was approximately $1,243,000 for connecting to City sewer lines.
Based upon the recommended fee, the revenue will be $1,250,000, an increase of S/l O of l % increase. For
single family residential and duplex, there will be a 10% reduction. Multi-family residents will actually
have an increase of about 27% and commercial will actually see a 12% decrease. Assuming City Council
concurs, this fee would be effective July First. The staff will also confer with the Tidewater Association of
Realtors.
For a certain category of customers, the staff is recommending a change in the Sanitary Sewer monthly
charges. The current charge for Sanitary Sewer Service for single-family residents in our City is $11.38 per
month. Structures with 2 or more residential units, such as condominiums and apartments, pay $& 54 per
unit. For these multi-unit residents, there is usually one water meter serving many units with one sewer
connection serving many units. In the system, some have been discovered which do not seem to fit either
category. Nineteen (19) multi-unit projects have been identified involving 1600 units that have a water
meter serving each of these units, but the sewer connection for these units serves multi-units. The property
owners of these apartments and condominiums own and maintain an on-site private sewer collection
system. The City believes it is more appropriate to assess those units under this hybrid case the rate of $8.54
versus $11.38. The revenue impact on the Water and Sewer Enterprise Fund is small Approximately
$60,000 a year would be lost, which represents about 7/100 of l% of the annual budget. This change
recommended will eliminate an apparent inequity in the rate structure and provide consistency in the rates.
Assuming City Council concurs, this would be effective July 1, 1998.
Relative financing of water and sanitary sewer connection charges, the City provides water and sanitary
sewer service to the citizens and when service is provided, the homeowner has 12 months in which to pay
their fee and connect to the system. There is no option,t The water mandatory connection is temporarily
suspended. Hopefully, within a year or less, the City will be off all restrictions and then the Department will
recommend to City Council the water mandatory connection be reestablished. This does present, in some
cases, a financial burden. The City's current policy is they will finance fees under the following condition:
(1) the customers must demonstrate they have been refused a loan from two commercial lending institutions
and the rate the City would assess would beprime rateplus 3%. The staff is recommending the requirement
of obtaining two refusals from commercial lending institutions be deleted, effective 1 July 1998. Prior to
the change, with the requirement of two lending institutions, approximately 20% of the residents in the
City's CIP areas took advantage of the City 's financing. Since this policy changed in 1992, and became more
stringent, this had dropped down to less than 1%. There is a section in the City Code which addresses
income and capital assets (excluding the home) which provides the criteria for reduction in the connection
fees.
Mr. Warnstaff advised this recommended change will be scheduled soon for a City Council Session with a
Policy Paper, agenda item and associated ordinance.
April 7, 1998
CITY MANAGER'S BRIEFINGS
GENERAL OBLIG,4TION AND REFUNDING BOND S,4LE
12:42 P.M.
ITEM # 43409
Patricia A. Phillips, Director of Finance, and Richard Dunford, Debt and Financial Services Administrator,
went to New York to work with the Senior Underwriter, Paine Webber, to sell approximately $165-
MILLION worth of Refunding and General Obligation Bonds. The bond issue was comprised of two
components:
Refunding $ 77,610,000
New Money 48, 000, 000
$125,610,000
The True lnterest Cost (TLC) including all issuance costs, was 4. 78%, the lowest rate the City has obtained
since 1971 (excluding subsidized loans such as from the Literary Fund). Total savings over the 18-year
period refunded $3.8-MILLION. Annual savings range from $233,000 to $202,000 per year. The City's
current bond rating was reaffirmed by both rating agencies: Moody's rated the City at ,4a2 and Standard
& Poor's AA. Moody's mentioned several speci, ficfactors in assigning its rating: "..a large and well
performing economy, favorable.financial performance, and a moderate debt position." The rating has a
stable outlook, including "improved growth prospects following the availability ora much needed new water
supply from Lake Gaston. "
The City's current rating translates to about 5 basic points (bp) lower than for a Aa3 credit or about
$500,000 for a $100-MILLION issue; and about 10 basic points lower than for a ,41 credit, or SI-
MILLION in savings for a $100-MILLION issue. In a higher interest rate environment, the differential
would be much greater. The bond closing documents are ready and are scheduled for April 15, 1998, when
the transfer of the cash will take place.
Bob Kenney - Paine Webber, Incorporated, referenced the presentation booklet, which was distributed to
City Council and is hereby made a part of the record. Mr. Kenney referenced the.first chart depicting
Interest Rate Comparisons over a period of time commencing February 1, 1996, through April 2, 1998.
Interest rates have steadily declined, reaching historic lows in the first quarter of 1998. These denote 30-
Year Treasury (green), Revenue Bond lndex (blue) and II-Bond Index (red).
As interest rates have declined, the supply and availability of bonds in the tax-exempt market has steadily
increased. The graphs denote Standard & Poor's Blue List Municipals and 30-Day Visible Supply.
Virginia issuers have been actively refinancing their outstanding debt to produce debt service savings as
interest rates have continued to decline.
$2,666 bil $540mm $174mm $259mm
$ 944 bil $136mm $412mm $237mm
As the City entered the market on March 24, 1998, there were no major economic announcements released.
As rates have come down, the market has been rather "skittish "and any announcement where there might
be an inflationary tendency to hit the market will "spook" investors and rates will jump back up. The stock
market will bounce around; therefore, Tuesday seemed to be an opportune time to proceed.
April 7, 1998
CITY MANAGER'S BRIEFINGS
GENERAL OBLIGATION AND REFUNDING BOND SALE
ITEM # 45409 (Continued)
Relative the Preliminary Marketing Plan, Mr. Kenney advised the Syndicate Structure:
UNDER WRITING PAR TICIPA TION
Paine Webber: 35%
Craigie Inc: 25%
Artemis Capital Group, Inc. 10%
Davenport & Co. of Virginia, Inc. 10%
M.R. Beal & Company 10%
Solomon Smith Barney 10%
SELLING GROUP
Use of a small, Virginia-based and regional group to enhance retail
penetration within the Commonwealth
EXPECTED DISTRIBUTION
Investment Advisors
Trust Department
Insurance Companies
Retail
Bond Funds
10%
10%
30%
30%
20%
Priority of Orders:
In-State retail given highest priority. Definition of
"retail" investor included Bank Trust, Investment
Advisor and Money Manager orders for Virginia
retail investors. Retail orders limited to $100, 000
per order.
"Net Designation "Rules:
Institutions must designate at least 3firms to
receive sales credit on all institutional priority
orders. No firm can receive more than 50% of the
sales credit.
Mr. Kenney cited the Schedule:
Thursday, March 12, 1998:
Friday, March 13, 1998:
Monday, March 16, 1998:
Update co-senior and co-managers regarding
mailing date and pricing schedule, refunding
parameters, send mailing labels.
Circulate final draft of POS to Working Group;
Finalize "Plan of Refunding" for POS. Notify co-
senior and co-managers of expected schedule.
Informal discussion of syndicate rules.
"Go/No Go" decision regarding mailing of POS.
Final comments on POS. Deliver POS to printer
April 7, 1998
-6-
CITY MANAGER'S BRIEFINGS
GENERAL OBLIGATION AND REFUNDING BOND SALE
ITEM # 43409 (Continued)
Tuesday, March 17, 1998:
Mailing of POS
Wednesday, March 18, 1998:
Friday, March 20, 1998:
Monday, March 23, 1998:
Tuesday, March 24, 1998:
Wednesday, March 25, 1998:
Tuesday, April 14, 1998:
Wednesday, April 15, 1998:
Distribution of Paine Webber in-house Pre-Sale
March Memo.
PaineWebber in-house call~presentation to
institutional sale force. PaineWebber in-house
call to Virginia retail sales offices. Develop
Manager consensus scale.
Market update/Pre-pricing call with Virginia
Beach and FA 'S (determine pricing date).
Pricing, City Council adopt resolution to proceed
with financing, setting pricing parameters.
Sign Bond Purchase Agreement
Pre-closing.
Closing
April 7, 1998
-7-
CITY MANAGER'S BRIEFINGS
CITY LINE ROAD
1:00 P.M.
ITEM # 45410
John Herzke City Engineer, through the utilization ora map, cited Route 64, Indian River Road and the
interchange for Greenbrier Parkway. The "red-dashed" line is the boundary of the City Line Road between
Chesapeake and Virginia Beach. It is basically proposed to follow the City Line between Chesapeake and
Virginia Beach. The Virginia Department of Transportation through their consultant has examined a
number of alternatives which are labeled A, B and Con the north side ofi-64 and on the south side, they
are labeled l, 2 and3. These alternatives have been presented to the citizens at apublic meeting format. The
citizens in the College Park area were quite concerned due to substantial impacts with their neighborhood
Dale Castellow, Transportation Planning Coordinator, advised City Council adopted a project programming
Resolution on September 13, 1994 to establish the project for the improvement of City Line Road from
Interstate 64 to Kempsville Road. On May 9, 1995, the City requested VDOT extend the study limits to
Indian River Road in order to examine any impacts and potential benefits this facility might have on the
Indian River Road Corridor. The City of Chesapeake has the same project on their Master Street and
Highway Plan. In Chesapeake, the proposed City Line Road runs from Kempsville Road to 1-64. Two years
ago, this proposed City Line Road actually extended as far as Providence Road onto Campostella Road and
ended in South Norfolk. In recent years, this plan was modified to stop at Providence Road. VDOT is trying
to work between two sets of directions and put together several alternatives that focus on connecting it from
Kempsville to 1-64. The City of Virginia Beach requested, as part of the feasibility study, VDOT investigate
whether it is feasible to extend this to the south to make some connections to Centerville Turnpike or,
possibly, even Elbow Road. VDOT dismissed the Elbow Road alternative rather quickly due to either
environmental impacts or development issues of the City of Chesapeake. On the northern end, VDOT, in
working with the City of Chesapeake, identified an alternative. Utilizing the City of Chesapeake's Master
Street and High Plan, the alternative connected the Kempsville Road to Indian River Park. "No
Trespassing" signs are posted on the Neighborhood park in this area. Impacting a publicly owned park
requires a 4F provision. Therefore, at least one alternative must be identified which makes a complete
avoidance of the Park. The City can later dismiss any alternatives developed; however, it must be based on
the technical aspects of the study and citizen opposition. VDOT in trying to avoid the 4F property,
principally located in the City of Chesapeake, led the City to investigate the College Park alternative. Since
the Citizens Information Meeting on March 18, 1998, and the special meeting of the College Park Civic
League on March 30, 1998, VDOT believes they have documentation in evidence to remove this alternative.
VDOT has recommended five (5) alternatives be retained for completion of the feasibility study:
No Build- no new roadway facilities would be built in the City Line area.
Alternative 10 - includes the Central City Line and Paramont/Rokeby
alignments.
Alternative 16- includes Upper Centerville and Paramont/Rokeby
alignments.
Alternative 19 - includes only the Central City Line alignment.
Alternative 21 -includes only the Upper Centerville alignment.
The Resolution scheduled for City Council's Session is consistent with VDOT's recommendation. VI)OTis
requested to concentrate their feasibility study of City Line Road to alternatives which would minimize
impacts for the residential communities to the west/north ofi-64.
April 7, 1998
-8-
.4 GENDA RE VIE W SESSION
1:20 P.M.
ITEM # 43411
Council Lady McClanan referenced'
Ordinance to AMEND Chapter 2, Division 2.5 of the City Code re procurement,
incorporating by reference, designated sections of the Virginia Public Procurement
Act.
Council Lady McClanan was interested as to the methodology utilized to determine each department having
$30,000 to spend on an emergency basis. The departments are of such different sizes. Assistant City
Attorney Randall Blow advised the State Code limits actually rose from $15,000 to $30,000, in 1996. The
City decided at that particular time not to change. However, as many small purchases can be done more
effectively efficiently and in a timely manner, Rick Barry, Purchasing Agent, advised the $30,000 limit is for
any procurement during that year which is under $30,000 can be handled in a less formal process. There
may be multiples of these within a fiscal year.
ITEM # 43412
Councilman Harrison advised this encroachment is within the Lynnhaven Borough. Councilman Branch
stated 47tn Street lies within both the Virginia Beach Borough and the Lynnhaven Borough.
1.4. Ordinances to authorize temporary encroachments:
Into a portion of the City's right-of-way at the East end of 47th Street
by the BUFF FOUNDATION, INC., re constructing and
maintaining a Memorial Garden (VIRGINIA BEACH BOROUGH).
ITEM # 43413
BY CONSENSUS, the following items shall compose the CONSENT AGENDA.
RESOLUTION
H. 1 Resolution to request the Virginia Department of Transportation
(VDOT) concentrate its Feasibility Study of the City Line Road
project on alignments to minimize impact on residential
communities North and West of Interstate 64.
ORDINANCES
1.1.
Ordinance to AMEND Chapter 2, Division 2.5 of the City Code
re procurement, incorporating by reference, designated sections
of the Virginia Public Procurement Act.
1.2. Ordinances re Community Services Board:
ao
ACCEPT and APPROPRIATE $315,264 in Federal and State
Funds from the Commonwealth of Virginia to the 1997-1998
Operating Budget of the Department of Mental Health, Mental
Retardation and Substance Abuse (MHMRSA) re the Detox and
Day Support Facility; and, estimated revenues be increased
accordingly.
ACCEPT and APPROPRIATE a $10,000 Grant from the
Federal Government to the 1997-1998 Operating Budget of the
Department of Mental Health, Mental Retardation and Substance
Abuse (MHMRSA) re additional training in HIV prevention to
high risk youth and adults.
April 7, 1998
-9-
/l GENDA RE VIE W SESSION
1.3.
ITEM # 43413 (Continued)
Ordinance to authorize acquisition of a traffic control easement
and property conveyed to the City of Virginia Beach for right-of-
way purposes from Potter Properties, either by agreement or
condemnation, re intersection improvements and the
installation ora new traffic signal at the Northwest corner of
First Colonial Road and Hilltop Loop/Republic Road (CIP 2-
285.37B).
1.4. Ordinances to authorize temporary encroachments:
Into a portion of the City's right-of-way at the East end of 47th
Street by the BUFF FOUNDATION, INC., re constructing and
maintaining a Memorial Garden (VIRGINIA BEACH
BOROUGH).
Into a portion of the City's 40' cross-reciprocal ingress/egress
easement and 40' drainage easement at the rear of 2233
Haversham Close by H. STEVEN CHOI and THERE$/I L.
BAT~lC re constructing and maintaining a bulkhead, fill, boat
lift and marginal wharf into the Chelsea Canal at Broad Bay
Greens (L YNNHA VEN BOROUGH).
CERTIFICATES OF PUBLIC CONVENIENCE AND
NECESSITY:
Ground Transportation Specialist, Inc.
Land Yachts, LLC
Long's Limousine Service
L 6. License Refunds:
$8,912.32
April 7, 1998
-10-
ITEM # 43414
Mayor Meyera E. Oberndorf called to order the INFORMAL SESSION of the VIRGINIA BEACH CITY
COUNCIL in the City Council Conference Room, City Hall Building, on Tuesday, April 7, 1998, at 1:25
P.M.
Council Members Present:
John A. Baum, Linwood O. Branch, III, William W. Harrison, Jr., HaroM
Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan,
Mayor Meyera E. Oberndorf Nancy K. Parker, Vice Mayor William D.
Sessoms, Jr. and Louisa M. Strayhorn
Council Members Absent:
None
April 7, 1998
-11-
ITEM # 43415
Mayor Oberndorf entertained a motion to permit City Council to conduct its EXECUTIVE SESSION,
pursuant to Section 2.1-344, Code of Virginia, as amended, 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-S44 (A) (1).
To Wit:
Appointments: Boards and Commissions
Francis Land House Board of Governors
Personnel Board
Virginia Beach Crime Task Force
Virginia Beach Health Services Advisory Board
Wetlands Board
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).
To-Wit:
Carmichael Development Company, Inc. v
City of Virginia Beach
Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council voted to proceed into
EXECUTIVE SESSION.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, William W. Harrison, Jr., Harold
Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan,
Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D.
Sessoms, Jr. and Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
None
April 7, 1998
- 12-
FORMAL SESSION
VIRGINIA BEACH CITY COUNCIL
April 7, 1998
2:00 P.M.
Mayor Meyers E. Oberndorf., called to order the FORMAL SESSION of the VIRGINIA BEACH CITY
COUNCIL in the Council Chamber, City Hall Building, on Tuesday, April 7, 1998, at 2:00 P.M.
Council Members Present:
John A. Baum, Linwood O. Branch, III, William W Harrison, Jr. HaroM
Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan,
Mayor Meyera E. Oberndorf Nancy K. Parker, Vice Mayor William D.
Sessoms, Jr. and Louisa M. Strayhorn
Council Members Absent:
None
INVOCATION:
The Reverend Thomas K. Frizzell, Jr.
Messiah Lutheran Church
PLEDGE OF ALLEGIANCE 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 Bank. 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
Sessoms' letter of January 1, 1998, is hereby made apart of the record.
April 7, 1998
- 13-
Item VI-E.
CERTIFICATION OF
EXECUTIVE SESSION
ITEM # 43416
Upon motion by Vice Mayor Sessoms, seconded by Council Lady 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.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, William W. Harrison, Jr., Harold
Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan,
Mayor Meyera E. Oberndorf Nancy K. Parker, Vice Mayor William D.
Sessoms, Jr and Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
None
April 7, 1998
CERTIFICATION OF EXECUTIVE SESSION
VIRGINIA BEACH CITY COUNCIL
WHEREAS: The Virginia Beach City Council convened into EXECUTIVE SESSION,
pursuant to the affirmative vote recorded in ITEM # 43415, Page 11, and in accordance with the
provisions of The Virginia Freedom of Information Act; and,
WHEREAS: Section 2.1-344. of the Code of Virginia requires a certification by the
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, (b) only such public business matters as were
identified in the motion convening this Executive Session were heard, discussed or considered by
Virginia Beach City Council.
th Hodges ~mith, CMC/AAE
City Clerk
April 7, 1998
-14-
Item VIoF.
MINUTES
ITEM # 43417
Upon motion by Vice Mayor Sessoms, seconded by Council Lady Strayhorn, City Council APPROVED the
Minutes of the INFORMAL AND FORMAL SESSIONS of Mareh 24, 1998, and the SPECIAl, FORMAl,
SESSION of March 31, 1998.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, William W. Harrison, Jr., Harold
Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan,
Mayor Meyera E. Oberndorf Nancy K. Parker, Vice Mayor William D.
Sessoms, Jr and Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
None
April 7, 1998
- 15-
Item VI-G.
ADOPT AGENDA
FOR FORMAL SESSION
ITEM # 43418
BY CONSENSUS, City Council ADOPTED:
AGENDA FOR THE FORMAL SESSION
April 7, 1998
-16-
Item VI-L
RESOLUTION ORDINANCES
ITEM # 43419
Upon motion by Vice Mayor Sessoms, seconded by Councilman Harrison,, City Council APPROVED IN
ONE MOTION Resolution I and Ordinances 1, 2 aJb, 3, 4 a/b, 5 and 6.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, William W. Harrison, Jr., Harold
Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan,
Mayor Meyera E. Oberndorf Nancy K. Parker, Vice Mayor William D.
Sessoms, Jr and Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
None
April 7, 1998
-17-
Item VI-H.I.
RESOLUTIONS ITEM # 43420
Upon motion by Vice Mayor Sessoms, seconded by Councilman Harrison, City Council ADOPTED:
Resolution to request the Virginia Department of Transportation (I/DOT)
concentrate its Feasibility Study of the City Line Road project on
alignments to minimize impact on residential communities North and West
of Interstate 64.
Voting:
11-0 (By ConsenO
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, William W. Harrison, Jr., HaroM
Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan,
Mayor Meyera E. Oberndorf Nancy K. Parker, Vice Mayor William D.
Sessoms, Jr and Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
None
April 7, 1998
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Requested by Councilmembers Nancy K. Parker and Louisa M. Strayhorn
A RESOLUTION REQUESTING THE
VIRGINIA DEPARTMENT OF
TRANSPORTATION TO EXPAND ITS
FEASIBILITY STUDY OF THE
CITY LINE ROAD PROJECT TO
INCLUDE ANY ADDITIONAL
ALIGNMENTS WHICH WOULD
MINIMIZE IMPACT ON THE
RESIDENTIAL COMMUNITIES
NORTH AND WEST OF INTERSTATE
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WHEREAS, pursuant to a ~Project Programming Resolution"
adopted by City Council on September 13, 1994, City Council
requested the Virginia Department of Transportation ("VDOT") "to
establish a project for the improvement of City Line Road from
Kempsville Road to Interstate 64, a distance of approximately 1.8
miles";
WHEREAS, the project limits for City Line Road have since
been expanded beyond the original 1.8 miles to include areas north
of Interstate 64 and south to Centerville Turnpike;
WHEREAS, a Citizen Information Meeting was held on March
18, 1998, in the City of Virginia Beach by representatives of VDOT
after due and proper notice for the purpose of presenting possible
alignments for the proposed City Line Road, and to receive comments
and ideas from the community for the City Line Road Feasibility
Study, VDOT Project #U000-134-V34, PE-101, Federal # STP-5403;
WHEREAS, at this meeting, maps depicting the alignments,
and other pertinent information, were made available for public
inspection in accordance with state and federal practices;
WHEREAS, all persons in attendance were afforded full
opportunity to participate in the meeting, and representatives of
VDOT were also present and participated in the meeting;
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WHEREAS, the citizens who attended
overwhelmingly opposed any alignment which would
residential communities of the College Park area; and
WHEREAS, City Council has given due consideration to the
concerns expressed by these citizens.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA:
That City Council hereby requests the Virginia Department
of Transportation to expand its feasibility study of the City Line
Road Project to include any additional alignments which would
minimize impact on the residential communities located to the north
and west of Interstate 64.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the ? day of April
CA-6970
ORDIN\NONCODE\ C I TYL INE. RES
R-2
PREPARED: 04/01/98
· 1998.
the meeting
impact the
PROJECT PROGRAMMING RESOLUTIOn'
WHERE~S, 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
THBRBFORB BB ZT RESOLVED,
Virginia requests the Virginia
that the City of Virginia Beach,
Department o£ Transportation to
establish a projeCt for the improvement of City Line Road from
Kempsville Road to Interstate 64, a distance of approximately 1.8
miles.
BE IT FURTHER RESOLVED, that the City of Virginia Beach hereby
agrees to pay its share of the total cost for preliminary
engineering, right-of-way and construction of this project in
accordance with Section 33.1-44 of the Code of Virginia, and that,
if the City of Virginia Beach subsequently elects to cancel this
project, the city of.~irginia Beach 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 13 day of September , 19 94
City of Virginia Beach, Virginia.
BY
· .f'',..-../':Ii,.
ATTEST
nfs
7/15/94
CERTIFIED TO BE A TRUE COPY OF ^
RESOLUTION ADOPTED BY THE COUNCIL
OF THE CITY OF VIRGINIA BEACH, VIRGINIA,
ON SEPTEMBER 13, 1994.
R~th Hodges ~mith, CMC/AAE
City Clerk
AI~ROVED AS TO LEGAt
t,
CITY
LINE
ROAD
CIP "2-261
SCALE: I': 1600' ,
PREPARED BY P/W EI~. DP, AFT. 31-/v1,~-1998
- 18-
Item Vid. 1.
ORDINANCES
ITEM # 43421
Upon motion by Vice Mayor Sessoms, seconded by Councilman Harrison, City Council ADOPTED:
Ordinance to AMEND Chapter 2, Division 2.5 of the City Code re
procurement, incorporating by reference, designated sections of the
Virginia Public Procurement Act.
Voting:
11-0 (By ConsenO
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, William V~. Harrison, Jr., HaroM
Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan,
Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D.
Sessoms, Jr and Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
None
April 7, 1998
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AN ORDINANCE TO AMEND CHAPTER 2,
DIVISION 2.5 OF THE CITY CODE
PERTAINING TO PROCUREMENT BY
ADOPTING AND INCORPORATING BY
REFERENCE DESIGNATED SECTIONS OF
THE VIRGINIA PUBLIC PROCUREMENT ACT
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
That Chapter 2, Division 2.5 of the Code of the City of
Virginia Beach, Virginia, is hereby amended and reordained to read
as follows:
city council.
Sec. 2-214.2.
Duties~ an~ powers, and responsibilitie~ of
purchasing agent·
(a) The purchasing agent shall be the head of the di-ziuisn of
purchasing division and under the supervision of the director of
finance ~,A _~ ~ .... ~ .... ~A_~.. ~ ....... ~ ~~
Sec. 2-214.1. Purchasing authority·
(a) The purchasing division of the department of finance
shall be responsible for ~ ........ ~ .............. , ~ .... ,
equipmcnt and cc~ciccs the purchase or lease of all goods, and the
purchase of all services and construction, for all city departments
and agencies exclusive of the city school system. In addition, the
division shall be responsible for centralized control and disposal
of excess, obsolete and salvageable materials and equipment.
(b) No officer or employee of the city government has
the authority to contract for the procurement of materials,
supplies, equipment or services except the city purchasing agent or
such other employee as may be designated by the city manager or
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(b) The purchasing agent shall have the power and it shall be
his duty to:
(1) Endeavor to obtain as full and open competition as
possible and practicable on all purchases and sales through
competitive sealed bidding, or through any other method of
procurement authorized by this division of Chapter 2:
(2) Except where established by ordinance or resolution
of council, establish such rules, regulations and policies as
he/she deems necessary for the internal management and operation of
the~v~~"~-~-- ~As purchasing division: and
(3) Delegate to individual departments, as he or she
deems appropriate, the authority to directly purchase goods or
services the cost of which is not expected to exceed thirty
thousand dollars ($30,000) in one year: provided the department
uses competition wherever practicable and complies with all
applicable rules, regulations, policies, procedures and
administrative directives pertaining tO procurement.
(c) All formal rules, regulations~ and policies, procedures
and administrative directives pertaining to procurement shall be
subject to the approval of the city manager and the purchasing
agent, and shall be approved by the city attorney as to form and
legality ~ ...... ~'-~ ........ ~'~ ~ ..... ~ ..... ~--~" ~ ....... ~
(d) Subject to compliance with all applicable pQlicies,
procedures, and city code provisions pertaining tO contract
execution, the purchasing agent shall have the authority to award
contracts within the purview of this division.
(e) It shall be the responsibility of the purchasing division
to obtain as full and open competition as possible and practical on
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all purchases and sales through competitive sealed bidding, or
through any other method of procurement authorized by this or other
sections.
Sec. 2-214.3. AdoPtion of designated sections of Virginia Public
Procurement Act.
(a) Pursuant to Section 11-36 of the Code of Virginia, as
amended, the following sections of the Virginia Public Procurement
Act [Code of Virginia, Title 11. Chapter 7]. and any future
amendments thereto, are hereby adopted and incorporated by
reference into this code: 11-37. 11-39. ll-40A. 11-41, 11-41.1, 11-
41.2:2 through 11-41.2:$, 11-42, 11-43. 11-44. 11-44,1, 11-45 A, B,
C, D, F, G, and L, 11-46, 11-46.3, 11-47, 11-47.4, 11-49 through
11-62.3, 11-62.6, 11-62.8, 11-62.10 through 11-80.
(b) Notwithstanding subsection (a) of this section, whenever
any provision of the Virginia Public Procurement Act which has been
adopted and incorporated by reference herein is modified or amended
by any other section of this code. or by any rule. regulation,
policy, procedure or administrative directive, such provision shall
be interpreted and implemented as modified or amended.
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for Cv_t~t .... ~-
..... F ...... t .... and A~--~i=istration
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Sec. 2-215.
" ..... ~:--- ====:-- : ....... ~ Sub i iQ of bids
and proposals.
(a)
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sccticns.
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(e) (a) Bids and proposals shall be submitted to the purchasing
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division in a sealed envelope~ --": shall be clearly marked or
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identified as specified in the invitation tO bid or request for
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proposals, and=
Dids shall be opened in public at the time and
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place stated in the ~ ~--
invitation to bid or request for
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anticollusion statement which shall be sworn to by thc
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each bidder or offeror.
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Sec. 2-215.2. Emergency purchases.
(a) An emergency shall be defined as a situation in which (i)
an immediate threat to the public health, safety or welfare is
involved, or (ii) immediate action iS required to protect or
preserve public properties.
(a) (b) In case of an emergency during normal working hours
which requires immediate purchase of supplies or contractual
services, the purchasing agent shall have the authority to secure,
by the open market procedure, at the lowest obtainable price, any
supplies or contractual services, regardless of the amount of the
expenditure. A full report of the circumstances of an emergency
purchase so made shall be filed by the purchasing agent.
(b) (c) In case of an emergency, not within normal working
hours, the purchasing agent may authorize the head of any city
department to purchase directly any supplies, the immediate
procurement of which is essential to prevent delays in the work of
the department which may vitally affect the public health, safety
or welfare, or to protect or preserve public properties without
delay. The head of such department shall send to the purchasing
agent a requisition and a copy of the delivery record, together
with a full written report of the circumstances of the emergency.
The report shall be filed by the purchasing agent.
(-~ (d)~, In all cases of emergency purchases, the using agency
shall submit a written report to the purchasing agent, signed by
the department head, detailing the aspects of the emergency. The
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written report shall be accompanied by a requisition form. Upon
receipt of such written report, the purchasing agent shall solicit
pricing in a manner consistent with the emergency situation and
shall issue a confirming purchase order.
Sec. 2-216.1. Deba~ent.
(a) Pursuant to ~11-46.1 of the Code of Virginia, ~[he
purchasin~ a~ent shall have the authority to debar any prospective
contracgor from contracting for particular t~es of good~, se~ices
or construction for a specified period of time, and ~0 remove any
vcn~cr such contractor from the bidders' lists when the public
interest will be best served thereby. This may be caused by any
vcn~cr congractor defaultin~ on its ~otations or contracts, or any
other behavior on the part of a yanmar contractor which is deemed
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by the purchasing agent to be unethical, harmful to the city, or in
any other way not to the best interest of the city.
(b) Reasons for such debarment and removal shall be outlined
in writing by the purchasing agent and sent by certified or
registered mail to the contractor so debarred and removed at least
ten (10) days prior to the date set for receipt of bids or
proposals.
shall bc acccptc~.
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300 (c) (i)
Any compct~t~.~~~---~--m ~~, upon rcqucst,
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.................... ~ ........ z ~v in ......... ~ a
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4].1 (2)
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contract --~ -~-~ ~ .... ="'"---= ..... ~ ...... ' pa}re, tnt for all
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cxccution -- '~- '"': .... '
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Adopted by the Council of the City of Virginia Beach,
Virginia, on the 7
day of April , 1998.
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CA-5762
ORDIN\PROPOSED\02-5.0RD
R-4
April 8, 1998
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BemVI-~2. a~.
ORDINANCES
ITEM # 43422
Upon motion by Vice Mayor Sessoms, seconded by Councilman Harrison, City Council ADOPTED:
Ordinances re Community Services Board:
ACCEPT and APPROPRIATE $315,264 in Federal and State
Funds from the Commonwealth of Virginia to the 1997-1998
Operating Budget of the Department of Mental Health, Mental
Retardation and Substance Abuse (MHMRSA) re the Detox and
Day Support Facility; and, estimated revenues be increased
accordingly.
bo
ACCEPT and APPROPRIATE a $10,000 Grant from the
Federal Government to the 1997-1998 Operating Budget of the
Department ofMental Health, Mental Retardation and Substance
Abuse (MHMRSA) re additional training in HIV prevention to
high risk youth and adults.
Voting:
11-0 (By ConsenO
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, William W. Harrison, Jr., HaroM
Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan,
Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D.
Sessoms, Jr and Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
None
April 7, 1998
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AN ORDINANCE TO ACCEPT $315,264 IN FEDERAL
AND STATE FUNDS FROM THE COMMONWEALTH OF
VIRGINIA AND APPROPRIATE THESE FUNDS TO THE
1997-98 OPERATING BUDGET OF THE DEPARTMENT
OF MENTAL HEALTH, MENTAL RETARDATION AND
SUBSTANCE ABUSE TO PROVIDE PREVENTIVE
TRAINING, TO ACQUIRE VARIOUS EQUIPMENT, AND
TO REPAIR AND RENOVATE THE DETOX AND DAY
SUPPORT FACILITY
WHEREAS, the Commonwealth of Virginia has provided the
Comprehensive Services Board ("CSB") additional state and federal
funding for additional training programs, the purchase of various
equipment, and repairs and renovations to the Detox and Day Support
facility; and
WHEREAS, the CSB desires to accept this funding to
enhance its delivery of various services (e.g., HIV prevention,
substance abuse prevention/treatment, family/individual support).
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA:
1. That state and federal funds in the amount of
$315,264 from the sources identified in Exhibit A (attached) are
hereby accepted and appropriated to the FY 1997-98 Operating Budget
for the Department of Mental Health, Mental Retardation and
Substance Abuse to provide enhanced services; and
2. That estimated revenues for the 1997-98 Operating
Budget for the Department of Mental Health, Mental Retardation and
Substance Abuse are increased in the amount of $315,264.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the 7th day of April, 1998.
CA-6965
ODIN/NONCODE/DETOX.ORD
MARCH 27, 1998
RI
Approved as to Content
Approved as to Legal
Sufficiency
Department of Law
AN ORDINANCE TO ACCEPT A $10,000 GRANT FROM
THE FEDERAL GOVERNMENT AND APPROPRIATE THESE
FUNDS TO THE 1997-98 OPERATING BUDGET OF THE
DEPARTMENT OF MENTAL HEALTH, MENTAL
RETARDATION AND SUBSTANCE ABUSE TO PROVIDE
ADDITIONAL TRAINING IN HIV PREVENTION TO HIGH
RISK YOUTH AND ADULTS
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WHEREAS, the Community Services Board ("CSB") provides various
HIV prevention training to high risk youth and adults;
WHEREAS, the Federal Government has awarded the CSB a grant to
provide additional funding, through the Virginia Department of
Health, to be used to enhance such training; and
WHEREAS, the CSB desires to accept this grant to implement a
peer-based prevention program.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
1. That federal grant funds in the amount of $10,000 are
hereby accepted and appropriated to the FY 1997-98 Operating Budget
for the Department of Mental Health, Mental Retardation and
Substance Abuse to provide additional HIV prevention training to at
risk youths and adults; and
2. That estimated revenue in the FY 1997-98 Operating Budget
for the Department of Mental Health, Mental Retardation and
Substance Abuse be increased in the amount of $10,000.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the 7th day of April, 1998.
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CA-6961
ORDIN~NONCODE[HIVGRANT.ORD
R-1
PREPARED: 03/23/98
31 APPROVED AS TO CONTENT:
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APPROVED AS TO LEGAL
SUF~
D~rtment of Law
- 20-
Item VI-I. 3.
ORDINANCES
ITEM # 43423
Upon motion by Vice Mayor Sessoms, seconded by Councilman Harrison, City Council ADOPTED:
Ordinance to authorize acquisition of a traffic control easement and
property conveyed to the City of Virginia Beach for right-of-way purposes
from Potter Properties, either by agreement or condemnation, re
intersection improvements and the installation of a new traffic signal at
the Northwest corner of First Colonial Road and Hilltop Loop/Republic
Road (CIP 2-285. 3 7B).
~ting:
11-0 (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, Reba S. McClanan,
Mayor Meyera E. Oberndorf Nancy K. Parker, Vice Mayor William D.
Sessoms, Jr and Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
None
April 7, 1998
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AN ORDINANCE TO AUTHORIZE ACQUISITION
OF A TRAFFIC CONTROL EASEMENT AND
PROPERTY CONVEYED TO THE CITY OF
VIRGINIA BEACH FOR RIGHT OF WAY
PURPOSES FROM POTTER PROPERTIES FOR
INTERSECTION IMPROVEMENTS AND THE
INSTALLATION OF A NEW TRAFFIC SIGNAL
AT THE NORTHWEST CORNER OF FIRST
COLONIAL ROAD AND HILLTOP
LOOP/REPUBLIC ROAD (CIP 2-285.37B),
THE ACQUISITION OF PROPERTY EITHER BY
AGREEMENT OR CONDEMNATION
WHEREAS, in the opinion of the Council of the City of
Virginia Beach, Virginia, a public necessity exists for the construction of
this important roadway to provide transportation and for other public purposes
for the preservation of the safety, health, peace, good order, comfort,
convenience, and for the welfare of the people in the City of Virginia Beach:
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
Section 1. That the City Council authorizes the acquisition
by purchase or condemnation pursuant to Sections 15.2-1901, et ~eq., Code of
Virginia of 1950, as amended, of all that certain real property in fee simple,
described as shown on the plat entitled: "PLAT SHOWING TRAFFIC CONTROL
EASEMENT AND PROPERTY CONVEYED TO THE CITY OF VIRGINIA BEACH FOR RIGHT OF WAY
PURPOSES FROM POTTER PROPERTY LYNNHAVEN BOROUGH - VIRGINIA BEACH, VIRGINIA
ENGINEERING DIVISION SURVEY BUREAU DEPARTMENT OF PUBLIC WORKS CITY OF VIRGINIA
BEACH, VIRGINIA DATE: SEPT. 19, 1996 SCALE: 1"=25' DRAWN BY: DLW," this plat
being recorded in Map Book 258, at page 82, in the Clerk's Office of the
Circuit Court of the City of Virginia Beach, Virginia.
Section 2. That the City Manager is hereby authorized to make or cause
to be made on behalf of the City of Virginia Beach, to the extent that funds
are available, a reasonable offer to the owners or persons having an interest
in said lands. If refused, the City Attorney is hereby authorized to
institute proceedings to condemn said property.
Adopted by the Council of the City of Virginia Beach,
7 day of April , 1998.
Virginia, on the
CA-#
PWALDO kW/tLR-ER \ POTTER. ORD
R-1
SIGNATURE
t DEPARTMENT
APPROVED AS TO LEGAL
SUFF~IENCY AND FORM
- 21 -
Item VI-I. 4. a..
ORDINANCES
ITEM # 43424
Upon motion by Vice Mayor Sessoms, seconded by Councilman Harrison, City Council ADOPTED:
Ordinance to authorize temporary encroachment:
Into a portion of the City's right-of-way at the East end of 47th
Street by the BUFF FOUNDATION, INC., re constructing and
maintaining a Memorial Garden (VIRGINIA BEACH
BOROUGH).
The following conditions shah be required:
The temporary encroachment shall 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.
The temporary encroachment shah terminate upon notice by the City
of Virginia Beach to the applicant and, within thirty (30) days after
such notice is given, such temporary encroachment shah be removed
from the City's right-of-way known as 47tn Street by the applicant and
the applicant shah bear all costs and expenses of removal.
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 applicant.
Upon completion of the improvements on the subject property, the
Buff Foundation, Inc. hereby dedicates all of said improvements to
the City of Virginia Beach.
Despite the dedication to the City of the improvements, the applicant
agrees to perpetually maintain said temporary encroachment,
including structures, irrigation system and landscape material so as
not to become unsightly or a hazard.
6. The applicant must submit and have approved a traffic control plan
before commencing work in the City's right-of-way.
7.
The applicant agrees that no open cut of the public roadway shall be
allowed except under extreme circumstances. Such exceptions shah
be submitted to the Highway Division, Department of Public Works,
for final approval.
The applicant must obtain a permit from the Development Services
Center prior to commencing any construction within the City's right-
of-way.
Prior to issuance of a highway permit, the applicant must post a
performance bond in the amount to be determined by the Development
Services Center in accordance with the engineer's cost estimate.
April 7, 1998
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Item Vid. 4. a..
ORDINANCES
ITEM # 43424 (Continued)
10.
Any above-ground temporary encroachments shall conform to the
minimum setback requirements, as established by the City Traffic
Engineer's Office.
11.
The applicant shall submit for review and approval a survey of the
area being encroached upon, certified by a professional engineer
and/or "as built" plans, sealed by a registered professional engineer,
of the temporary encroachment, if required by the City Engineer's
Office or the Engineering Division of the Public Utilities Department.
12.
The City, upon revocation of such authority and permission so
granted, may remove any such temporary encroachment and charge
the cost thereof to the applicant and collect the cost in any manner
provided by law for the collection of local or state taxes; may require
the applicant to remove such temporary encroachment; and, pending
such removal, the City may charge the applicant 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 applicant; 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 temporary
encroachment is allowed to continue thereafter, and shall collect such
compensation in any manner provided by law for the collection of
local or state taxes.
Voting:
11-0 (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, Reba S. McClanan,
Mayor Meyera E. Oberndorf Nancy K. Parker, Vice Mayor William D.
Sessoms, Jr and Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
None
April 7, 1998
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Requested by Department of Public Works
AN ORDINANCE TO AUTHORIZE
TEMPORARY ENCROACHMENTS INTO
A PORTION OF THE
RIGHT-OF-WAY BY THE BUFF
FOUNDATION, INC., THEIR
HEIRS, ASSIGNS AND
SUCCESSORS IN TITLE
WHEREAS, The Buff Foundation, Inc. desires to construct
and maintain a memorial garden in the City's right-of-way located
at the east end 47th Street.
WHEREAS, City Council is authorized pursuant to ~ 15.2-
2107 and 15.2-2009, Code of Virginia, 1950, as amended, to
authorize temporary encroachments upon the City's right-of-way
subject to such terms and conditions as Council may prescribe.
NOW, THEREFORE 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 §~ 15.2-2107 and 15.2-2009, Code of Virginia, 1950, as
amended, The Buff Foundation, Inc., their heirs, assigns and
successors in title are authorized to construct and maintain
temporary encroachments for a memorial garden in the City's right-
of-way as shown on the map entitled: "Exhibit A Buff Foundation
Beautification Project 47th Street & Oceanfront Avenue" a copy of
which is on file in the Department of Public Works and to which
reference is made for a more particular description; and
BE IT FURTHER ORDAINED, that the temporary encroachments
are expressly subject to those terms, conditions and criteria
contained in the Agreement between the City of Virginia Beach and
The Buff Foundation, Inc., (the "Agreement") which is attached
hereto and incorporated by reference; and
BE IT FURTHER ORDAINED that the City Manager or his
authorized designee is hereby authorized to execute the Agreement.
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BE IT FURTHER ORDAINED, that this Ordinance shall not be
in effect until such time as The Buff Foundation, Inc. and the City
Manager or his authorized designee execute the Agreement.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the 7 day of April , 1998.
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CA-#
pdej esu/encroach/Buff Fdn.
R-1
PREPARED: 3/18/98
APPROVED AS TO LEGAL
2
PREPARED BY VIRGINIA B~ACH
CITY ATTORNEY'S OFFICE
EXEMPTED FROM RECORDATION TAXES
UNDER SECTIONS 58.1-811(a](3)
AND 59.1-811(c)(4} RBIMBURSEMENT
AUTHORI2ED UNDER SECTION 25-249
THIS AGREEMENT, made this l~76 day of /~A/~C/~ ,
19 ~ , by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a
municipal corporation, Grantor, party of the first part, and THE
BUFF FOUNDATION, INC., a Virginia Corporation, ITS HEIRS, 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 garden arbor, brick
paving, landscaping, fence and irrigation system on City right-
of-way known as 47th Street at its intersection with Ocean Front
Avenue, in the City of Virginia Beach; and
WHEREAS, in constructing and maintaining such garden
arbor, brick paving, landscaping, fence and irrigation system, it
is necessary that the said party of the second part encroach into
a portion of an existing City right-of-way known as 4?th Street;
and said party of the second part has requested that the party of
the first part grant a temporary encroachment to facilitate such
garden arbor, brick paving, landscaping, fence and irrigation
system within a portion of the City's right-of-way known as 47th
Street.
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
47th Street for the purpose of constructing and maintaining such
garden arbor, brick paving, landscaping, fence and irrigation
system.
It is expressly understood and agreed that such
temporary encroachment will be constructed and maintained by the
party of the second part 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 temporary encroachment into a
portion of the City's right-of-way known as
47th Street as shown on that certain plat
entitled: "Buff Foundation Beautification
Project 47th Street & Oceanfront Avenue
Scale 1"=10'," 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 47th Street 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
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 upon
completion of the improvements on the subject property, the Buff
Foundation, Inc. hereby dedicates all of said improvements to the
City of Virginia Beach.
It is further expressly understood and agreed that
despite the dedication to the City of the improvements, the party
of the second part agrees to perpetually maintain said temporary
encroachment, including structures, irrigation system and
landscape material so as not to become unsightly or a hazard.
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 agrees that no open cut of the public
roadway shall be allowed except under extreme circumstances.
Such exceptions shall be submitted to the Highway Division,
Department of Public Works, for final approval.
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 in the amount to be determined
by the Development Services Center in accordance with the
engineer's cost estimate.
It is further expressly understood and agreed that any
above ground temporary encroachments shall conform to the minimum
setbacks requirements, as established by the City Traffic
Engineer's Office.
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 temporary
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 temporary 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
($100.00) per day for each and every day that such temporary
encroachment is allowed to continue thereafter, and shall collect
such compensation and penalties in any manner provided by law for
the collection of local or state taxes.
IN WITNESS WHEREOF, the said Buff Foundation, Inc. has
caused this agreement to be executed in its corporate name and on
its behalf by its executive director, and its corporate seal to
be hereto affixed and duly attested by its corporate secretary
with due authority by its board of directors.
Further, that the City of Virginia Beach has caused
this agreement to be executed in its name and on its behalf by
its city manager and its seal be hereunto affixed and attested by
its city clerk.
CITY OF VIRGINIA BEACH
(SEAL)
ATTEST:
By
City Manager/Authorized
Designee of the City Manager
City Clerk
_
~~.~ ~rle'.rlene K~ ~man,~. Secretary
THE BUFF FOUNDATION, INC.
Melanie H. Rice, Executive
Director
5
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
The foregoing instrument was acknowledged before me
this day of , 19 , by
CITY MANAGER.
, CITY MANAGER/AUTHORIZED DESIGNEE OF THE
My Commission Expires:
Notary Public
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
The foregoing instrument was acknowledged before me
this day of , 19 , by RUTH HODGES
SMITH, City Clerk for the CITY OF VIRGINIA BEACH.
My Commission Expires:
N
CITY/COUNT~ OF ~ L~ o ~
~/ ~ J , to-wi
The foregoing instrument was acknowledged before me
this ./~day of~"~~_._~_~ , 19 ~', by Melanie H. Rice,
Executive Director, and Darlene K. Thurman, Secretary, on behalf
of the Buff Foundation, Inc.
My Commission Expires:
Notary Publ~ c
LOCATION MAP SCALE : 1" -- 1,600'
,, -- SITE OF
', MEMORIAL
GARDEN
ENCROACHMENT
FOR
THE
BUFF
FOUNDATION MEMORIAL GARDEN
~\/~ 4,7TH STREETA ~'~'~ ~?'
'~..,\\ / ~'~, ~'$CALE: 1' = 100'~ ~
PREP~D BY P~ ENG. D~ff. 1~R-199~
BOARD OF TRUSTEES
MELANTE PJCE
.gAM'tfE. L
CY~7'IIA
ROBERT TAYLOR
DARI~VE K. TI'fURMAN
THE BUFF FOUNDATION
POST OFFICI~ 6~I
DEAR FRIEND,
THANK YOU FOR YOUR INTEREST IN THE BUFF FOUNDATION.
TIlE BUFF FOUNDATION WAS ESTABLISHED IN APRIL 1997 ON MEMORY OF BUFF TAYLOR KOCH.
BUFF PASSED AWAY IN APRIL AFTER A COURAGEOUS BOUT WITH BREAST CANCER. EVEN
THOUGH HER BATTLE WAS ONLY A YEAR, HER MESSAGE TO EVERYONE WAS CLEAR: DON'T
BE AFRAID.....EARLY DETECT1ON MAY SA VE YOUR LIFE.
WITH THAT IN MIND, THE BUFF FOUNDATION PLANS TO CREATE A GARDEN AT THE 47TH
STREET ACCESS TO THE OCEANFRONT AS A PERMANENT MEMORIAL TO BUFF. THE PURPOSE
OF THE BUFF FOUNDATION WILL BE TO COORDINATE THROUGH FRIENDS, FAMILY, LOCAL
GARDEN CLUBS AND THE CITY OF VIRGINIA BEACH THE BREAST CANCER AWARENESS
PROJECT OF THE 47TH STREET BEACH ACCESS, HEREAFTER CALLED THE BUFF TAYLOR KOCH
MEMORIAL GARDEN. THE GARDEN WILL BE A QUIET RESTING PLACE TO REMEMBER ALL
CANCER PATIENTS, SURVIVORS, CARE GIVERS, AND THOSE WHO LOST THEIR BATFLE.
WITtI THE GARDENS IN PLACE THE FOUNDATION WILL BE ABLE TO FOCUS ON IT'S MAIN
OBJECTIVE OF BREAST CANCER AWARENESS . THE FOUNDATION PLANS TO REACH OUT TO
OUR TEEN AGE GIRLS AT THE HIGH SCHOOL LEVEL AND FOSTER THEIR AWARENESS BEFORE
THEY LEAVE THEIR HOMES FOR COLLEGE.
THE BUFF FOUNDATION PROJECT WILL BE UNIQUE AS A PRIVATE/PUBLIC PARTNERSHIP FOR
THE CITY OF VIRGINIA BEACH AND HAS ALREADY HAD A SIGNIFICANT IMPACT ON TIlE
COMMUNITY. THE BUFF FOUNDATION HAD OBTAINED RESOURCES SUCH AS MONETARY
SUPPORT, CONTRIBUTIONS OF GOODS AND SERVICES, AND COOPERATION OF LOCAL
GOVERNMENT AGENCIES, GARDEN CLUBS, AND THE GENERAL PUBLIC. THE FOUNDATION
WOULD LIKE TO MAKE AVAILABLE TO YOU OUR OBJECTIVES, BROCHURES AND THE
OPPORTUNITY TO PARTICIPATE IN THIS BREAST CANCER AWARENESS PROJECT. PLEASE
REVIEW THE ENCLOSED INFORMATION THAT DETAIL THE DIFFERENT GIVING LEVELS
AVAILABLE. MEMORIAL BRICKS ORDERS MUST BE RECEIVED PRIOR TO JANUARY 30TH TO BE
INCLUDED IN THE INITIAL DEDICATION.
THANK YOU FOR YOUR SUPPORT IN THIS WORTHWHILE PROJECT.
YOURS TRULY,
DARLENE K. THURMAN
BOARD OF TRUSTEES
HELP PLANT SS
- 23 -
Item VI-J 4. b.
ORDINANCES
ITEM # 43425
Upon motion by Vice Mayor Sessoms, seconded by Councilman Harrison, City Council ADOPTED:
Ordinance to authorize temporary encroachment:
Into a portion of the City's 40' cross-reciprocal ingress/egress
easement and 40' drainage easement at the rear of 2233
Haversham Close by H. STEVEN CHOI and THERESA L.
BATAC re constructing and maintaining a bulkhead, fill, boat
lift and marginal wharf into the Chelsea Canal at Broad Bay
Greens (L YNNHA VEN BOROUGH).
The following conditions shall be required:
The temporary encroachment shall 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.
The temporary encroachment shah terminate upon notice by the City
of Virginia Beach to the applicant and, within thirty (30) days after
such notice is given, such temporary encroachment shall be removed
from the City's 40-foot cross-reciprocal ingress/egress easement and
40-foot drainage easement by the applicant and the applicant shall
bear all costs and expenses of removal.
o
The applicant shah indemnify and hold harmless the City of Virginia
Beach, its agents and employees from and against aH claims,
damages, losses and expenses, including reasonable attorney's fees in
case it shah be necessary to file or defend an action arising out of the
location or existence of such temporary encroachment
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 applicant.
5. The applicant agrees to maintain the temporary encroachment so as
not to become unsightly or a hazard.
6.
The applicant must obtain a permit from the Development Services
Center prior to commencing any construction within the City's 40-foot
cross-reciprocal ingress/egress easement and 40-foot drainage
easement.
The applicant shall obtain and keep in force aH risk property
insurance and general liability or such insurance as is deemed
necessary by the City, and aH insurance policies must name the City
as additional named insured or loss payee, as applicable. The
applicant must also carry comprehensive general liability insurance
in an amount not less than Five Hundred Thousand Dollars
($500,000), combined single limits of such insurance policy or
policies. The applicant must provide endorsements providing at least
thirty (30) days'written notice to the City prior to the cancellation or
termination of, or material change to, any of the insurance policies.
The applicant assumes aH responsibilities and liabilities, vested or
contingent, with relation to the temporary encroachment.
April 7, 1998
- 24 -
Item VI~J 4. b.
ORDINANCES
ITEM # 43425 (Continued)
The applicant shall submit for review and approval a survey of the
area being encroached upon, certified by a registered professional
engineer or a licensed land surveyor and/or "as built" plans of the
temporary encroachment, sealed by a registered professional
engineer, if required by either the City Engineer's Office or the
Engineering Division of the Public Utilities Department.
The City, upon revocation of such authority and permission so
granted, may remove any such temporary encroachment and charge
the cost thereof to the applicant and collect the cost in any manner
provided by law for the collection of local or state taxes; may require
the applicant to remove such temporary encroachment; and, pending
such removal, the City may charge the applicant 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 applicant; and if such removal shall not be made
within the time specified by the City, the City shall impose a penalty
in the sum of One Hundred Dollars ($100.00) per day for each and
every day that such temporary 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.
Voting:
11-0 (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, Reba S. McClanan,
Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D.
Sessoms, Jr and Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
None
April 7, 1998
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Requested by Department of Public Works
AN ORDINANCE TO AUTHORIZE
TEMPORARY ENCROACHMENTS INTO
A PORTION OF THE CITY' S
4 0 ' CROSS-RECIPROCAL
INGRESS/EGRESS EASEMENT AND
40' DRAINAGE EASEMENT AT THE
REAR OF 2233 HAVERSN_AM CLOSE
BY H. STEVEN CHOI AND
THERESA L. BATAC, THEIR
HE IRS, ASS I GNS AND
SUCCESSORS IN TITLE
Reciprocal
located at
Subdivision.
WHEREAS, H. Steven Choi and Theresa L. Batac, husband and
wife, desire to construct and maintain bulkhead, fill, boat lift
and marginal wharf into the Chelsea Canal designated as ~40' Cross-
Ingress/Egress Easement and 40' Drainage Easement",
the rear of Lot 24, Phase I, Broad Bay Greens
WHEREAS, City Council is authorized pursuant to ~ 15.2-
2009 and 15.2-2107, Code of Virginia, 1950, as amended, to
authorize temporary encroachments upon the City's right-of-way
subject to such terms and conditions as Council may prescribe.
NOW, THEREFORE 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 ~ 15.2-2009 and 15.2-2107, Code of Virginia, 1950, as
amended, H. Steven Choi and Theresa L. Batac their heirs, assigns
and successors in title are authorized to construct and maintain a
temporary encroachment for a bulkhead, fill, boat lift and marginal
wharf in the Chelsea Canal designated as "40' Cross-Reciprocal
Ingress/Egress Easement and 40' Drainage Easement", located at the
rear of Lot 24, Phase I, Broad Bay Greens Subdivision, as shown on
the map entitled: "PROPOSED BULKHEA/D, FILL, BOAT LIFT, MARGINAL
WHARF IN: CHELSEA CANAL AT: 2233 HAVERSHAM CLOSE VIRGINIA BEACH, VA
APPLICATION BY: DR STEVEN H. CHOI SHEET: 1 OF 6 03/15/97, a copy
of which is on file in the Department of Public Works and to which
reference is made for a more particular description; and
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BE IT FURTHER ORDAINED, that the temporary encroachments
are expressly subject to those terms, conditions and criteria
contained in the Agreement between the City of Virginia Beach and
H. Steven Choi and Theresa L. Batac, (the "Agreement") which is
attached hereto and incorporated by reference; and
BE IT FURTHER ORDAINED that the City Manager or his
authorized designee is hereby authorized to execute the Agreement.
BE IT FURTHER ORDAINED, that this Ordinance shall not be
in effect until such time as H. Steven Choi and Theresa L. Batac
and the City Manager or his authorized designee execute the
Agreement.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the 7 day of April , 1998.
APPROVED AS TO LEC, AL
2
PREPARED BY VIRGINIA BEACH
CITY ATTORNEY'S OFFICE
EXEMPTED FROM RECORDATION TAXES
UNDER SECTIONS 58.1-81 l(a)(3)
AND 58.1-81 I(cX4) REIMBURSEMENT
AUTHORIZED UNDER SECTION 25-249
THIS AGREEMENT, made this ,~.! nWday of tc'-e',g£od ~Y' , 1998, by and
between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation, Grantor, party
of the first part, and H. STEVEN CHOI AND THERESA L. BATAC, husband and wife, THEIR
HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, Grantee, party of the second part.
WITNE$$ETH:
That, WHEREAS, the party of the second part is the owner of that certain lot, tract,
or parcel of land designated and described as "Lot 24, Phase I, Broad Bay Greens Subdivision"
and being further designated and described as "2233 Haversham Close, Virginia Beach, Virginia
23454 · GPIN 1499-95-1396" and
That, WHEREAS, it is proposed by the party of the second part to construct and
maintain a bulkhead, fill, boat lift and marginal wharf in the City of Virginia Beach; and
WHEREAS, in constructing and maintaining such bulkhead, fill, boat lift and
marginal wharf, it is necessary that the said party of the second part encroach into a portion of an
existing 40' cross-reciprocal ingress/egress easement and a 40' drainage easement.; and said
party of the second part has requested that the party of the first part grant a temporary
encroachment to facilitate such bulkhead, fill, boat lift and marginal wharf within a portion
of the City's 40' cross-reciprocal ingress/egress easement and 40' drainage easement.
GPIN 1499-95-1396
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 40' cross-reciprocal
ingress/egress easement and 40' drainage easement for the purpose of constructing and
maintaining such bulkhead, fill, boat lift and marginal wharf.
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 temporary encroachment into a
portion of the City's 40' cross-reciprocal
ingress/egress easement and 40' drainage
easement as shown on that certain plat
entitled: "PROPOSED BULKHEAD,
FILL, BOAT LIFT & MARGINAL
WHARF IN: CHELSEA CANAL AT:
2233 HAVERSHAM CLOSE VIRGINIA
BEACH, VA APPLICATION BY: DR.
STEVEN H. CHOI," 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
2
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 40' cross-reciprocal
ingress/egress easement and 40' drainage easement 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
shall indemnify and hold harmless the City of Virginia Beach, its agents and employees,
fxom 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 temporary 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
said temporary encroachment so as not to become unsightly or a
agrees to maintain
hazard.
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 40' cross-reciprocal ingress/egress easement and 40'
drainage easement.
3
It is fitthher expressly understood and agreed that the party of the second part
shall 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 also 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 temporary encroachment.
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 registered professional engineer or a licensed land surveyor, and/or "as
built" plans of the temporary encroachment sealed by a registered professional engineer,
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
temporary encroachment and charge the cost thereof to the party of the second part, and
4
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 40' cross-reciprocal ingress/egress
easement and 40' drainage easement 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 temporary 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, H. Steven Choi and Theresa L. Batac, the said
parties of the second part have caused this Agreement to be executed by their signatures
and seals duly affmed. 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.
,~PROVED AS TO CONTEN?
/,,'.x~.--' . / P , -' ~
~*" L..'/ I , .' $1ONATURF,~
DEPAI~I'A~.ENT
CITY OF VIRGINIA BEACH
By
City Manager/Authorized
Designee of the City Manager
(SEAL)
ATTEST:
City Clerk
H. Steven Choi i
Theresa L. Batac
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
The foregoing instrument was acknowledged before me this __
., 199~, by
MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER.
day of
, CITY
My Commission Expires:
Notary Public
6
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
The foregoing instrument was acknowledged before me this
VIRGINIA BEACH.
day of
,1998, by RUTH HODGES SMITH, City Clerk for the CITY OF
My Commission Expires:
Notary Public
STATE OF VIRGINIA
CITY/COUNTY OF VIRGINIA BEACH, to-wit:
The foregoing instrument was acknowledged before me this
O
)c~c,,/ , 199~°, by H. STEVEN CHOI AND THERESA L. BATAC.
day of
My Commission Expires: o~ - ~8- OI
- N~tary Public
7
CHELSEA CANAL
,~v~^~ c^~,~L w~m ss'.
40' CROSS-RECIPROCAL
INGRESS/EGRESS EASEHENT
40' DRAINAGE EASEHENT
SOUTH TERIHNUS
OF BULKHEAD TO
TIE INTO BULKHEAD
OF JOHN HEFTI.
DSC NO. 103-371
cZ)
PIN(F)
MLW
[ PROPOSED':
BULKHEAD & FILL
SECTION A-A
& BANK LINE I PIN(FI
NORTH TERIMNUS
OF BULKHEAD TO
TIE INTO BULKHEAD
OF NARWAN HOUNAINNE
DSC NO. IO3-$g6
LU
J PIN(FI
::.!:.'.~Ri.VE!:!II
2-S TY-BRK ::~.!:::::.::..:~;
R · 1448.82 A - 102
SCALE: I' - 40'
PURPOSE: EROSION CONTROL
DATUM: M.S.L. 0.0
ADJACENT PROPERTY OWNERS
L ,JOHN F/El:TI
2. PAUL EPPERLY
3. EDWARD HEIDT
4. P1ARWAN PIOUNAIMNE
HA VERSHAH CLOSE
PLAN VIEW
WA TERFRONT
CONSULTING. /NC.
4608 HANOVER COURT
VIRGINIA BEACH. VA 25464
PHIFAX: f757) 405-8566
PROPOSED BULKHEAD. F/EL,
· O~,TL~FT, PIARGINAL WHARF
IN: CHELSEA CANAL
AT: 2255 HAVERSHAH CLOSE
VIRGINIA BEACH. VA
APPLICATION BY:
DR. S TEVEN H. CHOI
SHEET: I OF 6. 05/15/97
SCALE f.3ROCY
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LOCATION MAP
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LOCATION MAP SHOWING PROPOSED
ENCROACHMENT OF BULKHEAD, FILL,
BOAT LIFT AND MARGINAL WHARF FOR
H. STEVEN CHOI AND THERESA L. BATAC
/
.,,'~EE/
PREPARED BY PAN ENG. DRAFT. ~10/87
- 25 -
Item VI-I. 5.
ORDINANCES
ITEM # 43426
Upon motion by Vice Mayor Sessoms, seconded by Councilman Harrison, City Council APPROVED:
CERTIFICATES OF PUBLIC CONVENIENCE AND NECESSITY:
Ground Transportation Specialist, Inc.
Land Yachts, LLC
Long's Limousine Service
Voting:
11-0 (By ConsenO
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, IlL William W. Harrison, Jr., HaroM
Heischober, Barbara M. Henley, Louis R. Jones, Reba $. McClanan,
Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D.
Sessoms, Jr and Louisa 3/1. Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
None
April 7, 1998
- 26-
Item VI-I. 6.
ORDINANCES
ITEM # 4342 7
Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council APPROVED:
License Refunds:
$8,912.32
Voting:
11-0 (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, Reba S. McClanan,
Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D.
Sessoms, Jr and Louisa 3/1. Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
None
April 7, 1998
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 INTEREST TOTAL
YEAR PAID
1996-1997 Audit 41.07 7.06 48.13
Blankenship, Melvin W.
5505 Holly Road
Virginia Beach, VA 23451
Collier Development Comp Inc.
2316 Page Court
Virginia Beach, VA 23451
Coulson, William Lake
T/A Silver Bullet Carpet Cleaning
2317 N. Sandpiper Road
Virginia Beach, VA 23456
Eat This! Inc. (J P Barnes)
T/A Blimpie Subs & Salads
2951 Shore Drive
Virginia Beach, VA 23451
1996-1997 Audit 10.00 0.74 10.74
1998 02/11/98 40.00 40.00
1996-1997 Audit 244.23 244.23
This ordinance shall be effective from date of
adoption.
The above abatement(s) totaling $343,10
7
of the City of Virginia Beach on the
Commissioner of the Revenue
Approved as to form:
Les~L. Lille~' "'
City Attorney
were approved by the Council
day of
,19 98
Ruth Hodges Smith
City 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 INTEREST TOTAL
YEAR PAID
1996-1997 Audit 10.00 0.75 10.75
Etheridge, James E.
T/A Etheridge Auto Serv
4841 Morris Neck Road
Virginia Beach, VA 23457
Framing Concepts
4663 Haygood Road S-202
Virginia Beach, VA 23455
1996-1997 Audit 57.83 4.32 62.15
Forbes Candies Inc/New Corp.
T/A Forbes Candies
2692 Dean Drive
Virginia Beach, VA 23452
1996-1997 Audit 125.83 9.33 135.16
Four Seasons Travel of Va. Beach
1047 Providence Square 1996-1997
Virginia Beach, VA 23464
Audit 83.53 14.22 97.75
This ordinance shall be effective from date of
adoption.
The above abatement(s) totaling $305.81
of the City of Virginia Beach on the
Commissioner of the Revenue
Approved as to form:
City Attorney "
were approved by the Council
day of Ap~-i:[
,19 98
Ruth Hodges Smith
City 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 INTEREST TOTAL
YEAR PAID
Fuel Feed Plaza Home Ctr Inc.
T/A Taylors Do It Center/Taylors Fire Works
601 Nevan Road 1995-1997
Virginia Beach, VA 23451
Glass & Henry PC 1996-1997
T/A Larkspur Psychotherapy Center
505 S. Independence Blvd. #207
Virginia Beach, VA 23452
Higgins Realty Inc.
6620 Indian River Road
Virginia Beach, VA 23464
1996-1997
Kanter, H. Lee
T/A Kanter And Kanter
8608 Ocean Front
Virginia Beach, VA 23451
1996-1997
Audit 639.21 141.17 780.38
Audit 36.54 6.26 42.80
Audit 26.22 1.97 28.19
Audit 196.37 33.86 230.23
This ordinance shall be effective from date of
adoption.
The above abatement(s) totaling $1,081.60
?
of the City of Virginia Beach on the
l~"h;lip J. Kell~m
Commissioner of the Revenue
Approved as to form:
Le~"l~ I/. Lille~'~ v ~
City Attorney
were approved by the Council
day of
,19 98
Ruth Hodges Smith
City 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 INTEREST TOTAL
YEAR PAID
1996-1997 Audit 29.29 6.93 36.22
La Rossa T Garry
T/A La Rossa & Company
6052 Providence Road S-101
Virginia Beach, VA 23464
Le Buffet Inc.
P. O. Box 270
Virginia Beach, VA 23458
1996-1997 Audit 1,055.70 177.99 1,233.69
Lynnhaven Inc. 1998
T/A Lynnhaven Seafood Markt & Marina
3311 Shore Drive
Virginia Beach, VA 23451
M & W Computer Services Inc.
T/A M & W Computer Services
4938 Euclid Road
Virginia Beach, VA 23462
1996-1997
03/10/98 236.48 236.48
Audit 57.70 9.55 67.25
This ordinance shall be effective from date of
adoption.
The above abatement(s) totaling $1,573.64
of the City of Virginia Beach on the
7
were approved
day of
Certified as to ym :
I~ilipJ. Kella-m / N~~''''-'~ v
Commissioner of the Revenue
Approved as to form:
Lte~lie/L. Lilly
City Attorney
by the Council
,Apr±;[
,19
98
Ruth Hodges Smith
City 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 INTEREST TOTAL
YEAR PAID
Modlinger, Ronald E. 1996-1997 Audit 81.99 13.96 95.95
T/A Center For Heart & Vascular Ctr
1531 Amberly Forest Road
Virginia Beach, VA 23456
Northampton Associates
T/A Northampton Inn
5708 Northampton Blvd.
Virginia Beach, VA 23455
1996-1997 Audit 284.05 31.98 316.03
Papenhausen, Alison
T/A Hair Colorworks
1060 Lynnhaven Parkway #101
Virginia Beach, VA 23452
1996-1997 Audit 30.02 4.08 34.10
Professional Material Damage
4521 Gieneagle Drive
Virginia Beach, VA 23462
1996-1997 Au d it 224.84 16.73 241.57
This ordinance shall be effective from date of
adoption.
The above abatement(s) totaling $687.65
of the City of Virginia Beach on the
'15hilip J. K(ellam~ ~
Commissioner of the Revenue
Approved as to form:
'L'~sl~ L. Lill~'~
City Attorney
were approved by the Council
day of Ap~-il
,19 98
Ruth Hodges Smith
City 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 INTEREST TOTAL
YEAR PAID
Pulmonary Medicine of VA Beach
1008 First Colonial Road #103
Virginia Beach, VA 23454 1996-1997
Star Realty Inc.
4846 Virginia Beach Blvd.
Virginia Beach, VA 23462
1996-1997
Tri-M Management Of VA Beach Inc.
T/A Spinnakers Restaurant 1996-1997
5211 Maryland Way
Brentwood. TN 37027
Audit 16.78 2.89 19.67
Audit 51.86 6.50 58.36
Audit 495.79 36.77 532.56
This ordinance shall be effective from date of
adoption.
The above abatement(s) totaling $610.59
7
of the City of Virginia Beach on the
were
day
,=~ilip J. Ke~lam
Commissioner of the Revenue
Approved as to form:
esl e L L[,,~ -~
City Attorney
approved
of
by the Council
April
,19
98
Ruth Hodges Smith
City Clerk
FOI~I NO. ¢I. a I~[V. ~
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 INTEREST TOTAL
YEAR PAID
1996-1997 Audit 112.89 8.24 121.13
Ruffin, Willcox, Jr., M.D.
5720 Greenwich Road
Virginia Beach, VA 23462
Wilson, Gary E.
T/A G W Home Improvements
4912 Fountain Hall
Virginia Beach, VA 23464
Winston, Roger Oneal
T/A Priority Moving & Storage
600 Spirit Court
Virginia Beach, VA 23462
1998 3/13/98 10.00 10.00
1998 3/13/98 10.00 10.00
This ordinance shall be effective from date of
adoption.
The above abatement(s) totaling $141.13
of the City of Virginia Beach on the 7
were
day
Commissioner of the Revenue
City Attorney
approved
of
by the Council
,19
Ruth Hodges Smith
City 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 INTEREST TOTAL
YEAR PAID
1998 3/13/98 10.00 10.00
Somers, Patricia R.
5688 Shinfield Drive
Virginia Beach, VA 23464
Tait, James E.
T/A Speedy Gonzalez
2228 N. Lakeside Drive
Virginia Beach, VA 23454
Thurman, James Amery
T/A Thurman & Thurman
3330 Pacific Avenue S-200
Virginia Beach, VA 23451
Wakefield, O. M., D.O.
3304 Arctic Avenue
Virginia Beach, VA 23451
1996 Audit 109.28 19.05 128.33
1998 3/13/98 10.00 10.00
1996-1997 Audit 82.93 6.48 89.41
This ordinance shall be effective from date of
adoption.
The above abatement(s) totaling $237.74
of the City of Virginia Beach on the
7
I:~lip J. Kellam
Commissioner of the Revenue
City Attorney
were approved by the Council
day of Ap['.~.]. ,19 98
Ruth Hodges Smith
City Clerk
FORM NO. C.A. 8 REV.
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 INTEREST TOTAL
YEAR PAID
1998 3/13/98 10.14 1 o. 14
Owens, Stephen Edward
T/A Precision Pressure Wash
512 Kirkwood Lane
Virginia Beach, VA 23452
Par Five Inc.
T/A Bay Vending
135-D Tilden Avenue
Chesapeake, VA 23320
Premier Events Inc.
544 Central Drive #114
Virginia Beach, VA 23454
Print & Mail inc.
4340 Holland Plaza S/C
Virginia Beach, VA 23452
1996-1997 Audit 15.21 1.17 16.38
1996-1997 Audit 14.73 0.89 15.62
1998 3/13/98 77.46 77.46
This ordinance shall be effective from date of
adoption.
The above abatement(s) totaling $119.60
of the City of Virginia Beach on the
,'~Philip J. I~11~'~'v - ~
Commissioner of the Revenue
,~' Le'~lie L. Lilley
City Attorney
were approved by the Council
day of A[3~'± 1
,19
98
Ruth Hodges Smith
City 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 INTEREST TOTAL
YEAR PAID
Miller, Stephenson & Assoc PF
5033 Rouse Drive
Virginia Beach, VA 23462
1996-1997 Audit 537.07 91.29 628.36
Moore Business Forms Inc. 1995
T/A Moore Bus Forms/Data Mgmt
275 North Field Drive
Lake Forest, IL 60045
Moore, Vernon R.
T/A Total Care Assembly
2117 Marymount Drive
Virginia Beach, VA 23464
Audit 2,325.71 401.69 2,727.40
1998 3/13/98 10.00 10.00
North End Paper Company 1996-1997
T/A Suzanne Jacobson A Gallery Of
1860 Laskin Road U-111
Virginia Beach, VA 23454
Audit 24.90 3.21 28.11
This ordinance shall be effective from date of
adoption.
The above abatement(s) totaling $3,393.87
of the City of Virginia Beach on the
15hii~p J. Ke~lam --
Commissioner of the Revenue
Approved as to form:
City Attorney
were approved by the Council
day of April
,19 98
Ruth Hodges Smith
City Clerk
FORM NO. C:.A.
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 INTEREST TOTAL
YEAR PAID
1998 3/13/98 11.20 11.20
Jones, Roger E.
T/A Rogers Interiors
5608 Earlton Court
Virginia Beach, VA 23464
Krueth, Gloria E.
2488 Cheltenham Court
Virginia Beach, VA 23454
Miller, Gary W.
T/A Bayside Carpet Care
344 Barcelona Lane
Virginia Beach, VA 23452
Miller, Kenneth W.
3781 Summer Place
Virginia Beach, VA 23456
1998 3/13/98 10.00 10.00
1998 3/13/98 19.02 19.02
1996-1997 Audit 44.00 6.31 50.31
This ordinance shall be effective from date of
adoption.
The above abatement(s) totaling
$90.53
of the City of Virginia Beach on the
Commissioner of the Revenue
City Attorney
were approved by the Council
day of
,19
98
Ruth Hodges Smith
City 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 INTEREST TOTAL
YEAR PAID
1996-1997 Audit 20.88 2.65 23.53
Ferren, Jerry L.
T/A Ferrens Construction
550 Princess Anne Road
Virginia Beach, VA 23457
Forbes, Larry W.
T/A Arrowhead Barber Shop
5628 Princess Anne Road
Virginia Beach, VA 23462
1996-1997 Audit 19.97 3.45 23.42
Gary L. Roberson, CPA, PC
412 Oakmears Crescent
Virginia Beach, VA 23462
1996-1997 Audit 180.74 29.78 210.52
Geib, Joseph C. 1996-1997
T/A J C Geib Masonry Contractor
976 Oak Forest Court
Virginia Beach, VA 23464
Audit 15.09 2.63 17.72
This ordinance shall be effective from date of
adoption.
The above abatement(s) totaling $275.19
of the City of Virginia Beach on the
~'hilip J. Kellam
Commissioner of the Revenue
Approved as to form:
~" Leslie L. Lilley
City Attorney
were approved by the Council
day of
,1998
Ruth Hedges Smith
City 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 INTEREST
TOTAL
Assistance Realty Incorporated
YEAR PAID
228 N. Lynnhaven Road #106
Virginia Beach, VA 23452
1998 3/13/98 10.00
Blowe, Joseph L.
T/A AACE Services
1629 Peoples Road
Chesapeake, VA 23322
1998 3/13/98 10.00
C & P Group Ltd.
272 Windship Cove
Virginia Beach, VA 23454
1998 3/13/98 10.00
Contract Cleaners Inc. 1998
2967 International Parkway I #205
Virginia Beach, VA 23452
3/13/98
21.87
10.00
10.00
10.00
21.87
This ordinance shall be effective from date of
adoption.
The above abatement(s) totaling
$51.87
of the City of Virginia Beach on the
7
Ruth Hodges Smith
City Clerk
were
day
Commissioner of the Revenue
Approved as form:
,~"' ;lie L~ Lilley City Attorney
approved by the Council
of
,19
98
-27-
Item VI-J. 1.
APPOINTMENTS
ITEM # 43428
BY CONSENSUS, City Council RESCHEDULED the following APPOINTMENTS:
PERSONNEL BOARD
VIRGINIA BEA CH CRIME TASK FORCE
WETLANDS BOARD
April 7, 1998
- 28-
Item VI-AZ
APPOINTMENTS
ITEM # ,13429
Upon NOMINATION by Vice Mayor Sessoms, City Council APPOINTED:
Mary Anne Nixon
Unexpired term thru 12/31/99
FRANCIS LAND HOUSE BOARD OF GOVERNORS
Voting:
11-0 (By ConsenO
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, William W. Harrison, Jr., HaroM
Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan,
Mayor Meyera E. Oberndorf Nancy K. Parker, Vice Mayor William D.
Sessoms, Jr and Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
None
April 7, 1998
- 29-
Item VI-~.3.
APPOINTMENTS
ITEM # 43430
Upon NOMINATION by Vice Mayor Sessoms, City Council REAPPOINTED:
Kenneth F. Palmer
1 Year Term 04/01/98- 03/31/99
THE PLANNING COUNCIL
Voting:
11-0 (By ConsenO
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, William W. Harrison, Jr., HaroM
Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan,
Mayor Meyera E. Oberndorf Nancy K. Parker, Vice Mayor William D.
Sessoms, Jr and Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
None
April 7, 1998
- 30-
Item VI-J. 4.
APPOINTMENTS
ITEM # 43431
Upon NOMINATION by Vice Mayor Sessoms, City Council REAPPOINTED:
Adana Elena Clare
Gene Earl Feuerhahn
H. June Hand-Decker
Wayne Arnold Smith
Gllenn Charles Snyders
Three Year Terms
04/01/98 - 03/31/2001
VIRGINIA BEACH HEAL TH SER VICES AD VISOR Y BOARD
Voting:
11-0 (By Consent)
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, II!, William W. Harrison, Jr., HaroM
Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan,
Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D.
Sessoms, Jr and Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
None
April 7, 1998
- 31 ~
Item FI-L. 1.
NEW B USINESS
ITEM # 43432
Council Lady Strayhorn introduced the Interim Director for Tidewater Regional Transportation and
currently Executive Director of PENTRAN, Mr. Michael Townes. Council Lady Strayhhorn expressed that
Mr. Townes is very important to the process of merger between PENTR,4N and Tidewater Regional
Transportation. The Commission is very appreciative of Mr. Townes ' acceptance of leadership.
Mayor Oberndorf extended appreciation to Mr. Townes for his kind service. She was coming back from
Washington, D.C., when the USAir Flight to Norfolk was cancelled. She was informed she could return on
US Air to Newport News. Mr. Townes graciously drove the Mayor to Norfolk.
Mr. Townes said it was his pleasure to give the Mayor a ride and appreciated the most gracious
introduction.
April 7, 1998
- 32 ~
Item VI-L.2.
NEW B USINESS
ITEM # 43433
Council Lady Henley referenced there is a conflict in the Comprehensive Plan in the NIMMO CHURCH
area. The Comprehensive Plan relates this area should be developed as 0-2; however, it also states it
should be developed according to certain historical and architectural standards, which cannot be achieved
if the property already has the existing zoning to be developed.
Council Lady Henley requested information relative the number of other parcels in that area, which are
already zoned, and the City Council will not be able to achieve the architectural standard which the City
wouM prefer. Council Lady Henley wouM like to begin the processes to assure the architectural standard
April ~, 1998
- 33 -
Item VI-L.3.
NEW B USINESS
ITEM # 43434
B Y CONSENSUS, City Council ACCEPTED:
ABSTRACT OF LEGAL CASES RESOL gED- MARCH 1998
April 7, 1998
- 34-
Item VI-O.
ADJOURNMENT
ITEM # 43435
Mayor Meyera E. Oberndorf DECLARED the City Council Meeting ADJOURNED at 2:35 P.M.
Hooks, CMC/AAE
Chief Deputy City Clerk
Ruth Hodges Smith, CMC/AAE
City Clerk
Meyera E. Oberndorf
Mayor
City of Virginia Beach
Virginia
April 7, 1998