JANUARY 17, 1989
Cit@ @f -Vii-Witai" E3@et@@
"WORLD'S LARGEST RESORT Cffy'
C@ COUNCIL
M@YOR M@E@ E. OBERSDO". Al @ll
VICE MAYOR ROBERT E FENTRESS. VIr@- 8-h @h
@ERT W@ B@0, L,.h-
JOHN A. MUM, @-. @.,h
HAROM HEIXHOBER, A, @,,,
@@ , HENUY, N- -.,@
-- S. M@@@, @- A.-
10@N D, MO@, K--i@l
NMCY K. P@R. A,
JOHN L PE"Y, &,-
WIW- D S@.@, JR., 281 CITY H@ BUILDING
MUNICIPAL CENTER
A-@Y V, W@M, JR, C., CITY COUNCIL AGENDA VIRGINIA BEACH, VIRGINIA 23456-9002
1 D- Ci,, f8O4) 427-4303
R@H H.-. -aH, CMCI-, C-
January 17, 1989
ITEM 1. CITY MANAGER'S BRIEFING - Conference Room - 11:30 AM
A. CONSTITUTION DRIVE/PEMBROKE AREA TRANSPORTATION ANALYSIS
ITEM 11. COUNCIL CONFERENCE SESSION - Conference Room - 12 NOON
A. CITY COUNCIL CONCERNS
ITEM Ill. INFORMAL SESSION - Conference Roorn - 1:00 PM
A. CALL TO ORDER - Mayor Meyera E. Oberndorf
B. ROLL CALL OF COUNCIL
C. RECESS TO EXECUTIVE SESSION
ITEM IV. FORMAL SESSION - Council Chamber - 2:00 PM
A. INVOCATION: Father Canice Welch, Associate Pastor
St. Gregory The Great
B. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
C. ELECTRONIC ROLL CALL OF CITY COUNCIL
D. MINUTES
1. INFORMAL & FORMAL SESSIONS - January 9, 1989
E. RESOLUTION/ORDINANCE
1. a. Resolution requesting the Corps of Engineers to construct an
Erosion Control and Hurricane Protection Project at Sandbridge
in the City of Virginia Beach and offering certain assurances.
b. Ordinance to establish Capital Project #2-112 Sandbridge Sand
Project and to TRANSFER $50,000 from Project #2-077 Resort
Area Sand Project.
F. CONSENT AGENDA
All matters listed under the Consent Agenda are considered in the
ordinary course of business by City Council and will be enacted by
one motion In the form listed. If an item Is removed from the Consent
Agenda, it will be discussed and voted upon separately.
1. Ordinances to authorize acquisition of traffic control easements:
a. Kempsville Road, Brandon Boulevard and Beaufain Boulevard
b. Pembroke Boulevard and Sullivan Boulevard
c. Newtown Road, Lynbrook Landing and St. Croix Place
d. Witchduck Road and Jericho Road
2. Ordinance authorizing the City Manager to grant permits/leases and
to enter into agreements for the Implementation of concepts in the
resort area identified by City Staff as providing additional
revenues for resort area revitalization and as being consistent
with the overall goal of providing public amenities aimed at
enhancement of the festive Image of the resort area.
3. Ordinance approving an agreement with the Department of Emergency
Services to provide Hazardous Materfals Einergency Response Services
and directing the City Manager to execute said agreement.
4. Ordinance to authorize the City Manager to apply for a Vlrginia
Housing Partnership Loan Fund Reservation for administration of the
Multifamily Rehabilitation and Energy Conservation Loan Program.
5. Ordinance upon FIRST READING to APPROPRIATE $8,550 from the
Division of Litter Control to the Clean Community Program.
6. Ordinance to TRANSFER $60,000 from Project #4-932 Munden Point
Bulkheading Phase I to Project #4-940 Lynnhaven Municipal Marina to
complete repair work.
7. Ordinance to TRANSFER $30,722 from the Water and Sewer Fund Reserve
for Contingencies to the Water Dlstribution Operating Budget to
cover costs of emergency roadway repairs.
B. LOW BIDS
a. REA Construction Company In the amount of $1,798,947.67 for
Ferrell Parkway Phase IC (CIP 2-063).
b. Chesapeake Bay Contractors, Inc. in the amount of $131,220.25
for Shipps Corner Road Water Main (CIP 5-622).
c. Dorey Electric Cornpany in the amount of $38,691.70 for Traffic
Signal at the Intersection of Northampton Boulevard and Burton
Station (CIP 2-925).
9. Cost Partlclpation Agreements
a. Independence Boulevard/Salem Canal
at Glenwood Subdivision Bridge $693,072.00
b. Chesapeake Landing Apartments Sewer $ 9,187.50
10. BINGO/RAFFLE PERMITS
Bayside Jr. High Band Parents Association Bingo/Raffle
Beth Chaverim Reform Temple of Virginia Beach Bingo
Central Business District Association
of Virginia Beach Raffle
Hampton Roads Youth Hockey Bingo
11. CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY
Smythe, Dunham and George Taxicabs
12. Ordinance authorizing tax refunds In the amount of $5,969.48.
13. Ordinance authorizing license refunds In the amount of $8,128.18.
G. UNFINISHED BUSINESS
H. NEW BUSINESS
1. ADJOURNMENT
CITY COUNCIL SESSIONS
RESCHEDULED
JANUARY 30, 1989 2:00 PM
RESCHEDULE OF JANUARY 2
"NEW YEAR'S DAY HOLIDAY"
FEBRUARY 20, 1989 2:00 PM
CANCELLED
"PRESIDENTS? DAYff
All other Sessions will be
In accordance with the City Code
M I N U T E S
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
January 17, 1989
The CITY MANAGER'S BRIEFING to the VIRGINIA BEACH CITY COUNCIL was called to
order by Mayor Meyera E. Oberndorf in the Conference Room, City Hal I Bui Iding,
on Tuesday, January 17, 1989, at 11:30 A.M.
Council Members Present:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, Reba
S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf,
Nancy K. Parker, John L. Perry and William D.
Sessoms, Jr.
Council Members Absent:
None
- 2 -
CONSTITLITION DRIVE/PEMBROKE AREA TRANSPORTATION ANALYSIS
11:30 A.M.
ITFI,l # 30627
C. Oral Lambert, Director of Public Works, introduced Louis Grimm of the
Consulting Engineers - Transportation Specialist, Frederic R. Harris, Inc., who
have isolated the Constitution Drive alignment of their analysis.
Louis Grimm, Principal from Frederic R. Harris, reviewed the results. The
primary area of concern for the entire Pembroke Area Analysis, highlighted on
the graphic displayed, begins on the south, right around Independence and
Holland, proceeds north across Route 44, across Virginia Beach Boulevard and up
to the point where Constitution Drive intersects with Independence Boulevard,
as far over as east of Thalia Creek, west over to approximately Witchduck. This
is a much larger area than the Corridor being examined by the Virginia
Department of Transportation in conjunction with the Constitution Drive Flyover
Project.
The Consultants examined the differing volumes of traffic and the impacts on
the level of service involving three separate land use alternatives:
Alternative A: Regional Land Use plan being used by the Southeastern
Virginia Planning District Commission for
transportation and land use planning throughout the
entire region.
The Consultants focused on changes which might occur, particularly in the
Pembroke Study area, and developed two options:
Alternative B: This option was conceptualized by the Central
Business District Association for Pembroke by their
Consultant.
Alternative C: This option was in conjunction with the City Planning
Department Staff and is a more precise delineation of
the COMPREHENSIVE PLAN for that portion of the City.
Select Link Analysis reflected the total estimated traffic volume for any
section of highway on the street system and determined where the individuals
utilizing this road are coming and going. For example with Land Use A, this
would entail approximately 24,800 vehicles per day (2-way volume of traffic).
31% would be coming from areas served by Holland Road, 68% coming up
Independence Boulevard and 1% locally from the areas just to the north of
Tndependence Boulevard, back and forth on Edwin. The majority of the users of
this proposed road will be coming from within a ten-minute drive of that
intersection.
The traffic once it comes across the expressway, the first junction proposed
would be at Bonney Road. Approximately 25% of the traffic would be exiting to
the east on Bonney Road and the vast majority of that traffic to developments
on either side of Bonney Road between the Constitution Drive connection and
where Bonney Road ties into Virginia Beach Boulevard. 12% of the traffic turns
off west from Bonney Road are in the area to the east and west of Independence
Boulevard. Continuing further north along this corridor, once the proposed new
route ties into the existing section of Constitution Drive, approximately 6% of
the traffic turns off along Cleveland, 10% turning to the west on Virginia
Beach Boulevard. The 5% turning to the east on Virginia Beach Boulevard are not
going any further east than the Intersection with Bonney Road. 32% of traffic
would be to areas to either side of Constitution Drive, to the existing office
park, the area around the Mall and the remainder, about 10%, would go north of
Jeanne Street, but no further north than where Constitution connects with
Independence right now. The basic conclusion, relative this analysis, would be
the vast majority of users of the Constitution Drive Flyover would be basically
local traffic.
- 3 -
C I T Y M A N A G E R IS B R I E F I N G
CONSTITUTION DRIVE/PEMBROKE ARE TRANSPORTATION ANALYSIS
ITEM # 30627 (Continued)
The Select Link Analysis was also uti lized on the two other Alternative Land
Uses. The same basic conclusions were derived.
Alternative B would entai 1 32,000 vehicles per day. The percentages change a
very slight degree. Alternative C would entail 36,000 vehicles per day.
The consultant next determined the imp[ ications of the different traff ic
volumes, particularly at the intersection of Bonney Road and Constitution Drive
Flyover. The consultant basically examined:
At grade intersection conf iguration - 2 lanes each
way on Bonney Road, single left turn lane each way
on Bonney Road.
Two lanes each way on Constitution or three lanes
each way on Constitution.
Grade separated urban interchange - Under the VDOT
proposal, the thru movement for Constitution Drive
would be above Bonney Road.
The Consultants concluded there are significant differences in terms of the
levels of service whether there are four lanes or six lanes at an at-grade
intersection or if you have a grade separation urban interchange. This was then
examined for the three land uses: Alternative A, B and C. With those land uses
examining both the morning and afternoon rush hour, with the four-lane section
there is moderate congestion in the morning, much more significant congestion
in the afternoon. If a six-lane cross section had been installed, this would
have some significant improvement for level of service and the situation would
be even better with the urban interchange.
The Consultant advised there are some related problems to be addressed. One in
particular is at the intersection of Independence Boulevard and Edwin Drive. As
the different Interchange configurations developed by the Virginia Department
of Transportation were examined, a smooth traffic flow appears on Independence
and Holland; however, Edwin Drive was a problem.
Louis Grimm reiterated the Agreement with VDOT Design Concepts:
1. 4-Lanes on Constitution Drive/Flyover mainline.
2. Grade-separated directional interchange with
Holland Road/Independence Boulevard
3. Grade-separated urban diamond interchange with
Bonney Road.
The Consultants believe the Grade-separated urban dlamond Interchange with
Bonney Road would be the best solution.
Issues Still to be Resolved.
1. Exact alignment between Independence Boulevard and
Bonney Road.
2. Need for Mitigation of impacts on Columbus Station
East Development
3. Need to reconsider configuration of Independence
Boulevard/Edwin Drive Intersection.
- 4 -
C I T Y M A N A G E R IS B R I E F I N G
CONSTITUTION DRIVE/PEMBROKE AREA TRANSPORTATION ANALYSIS
ITEM # 30627 (Continued)
Mayor Oberndorf advised the CITIZEN INFORMATION MEETING is SCHEDULED for
January 24, 1989, at 4:00 P.M. - 8:00 P.M at Kompsvi I [e Meadows Elementary
School and the LOCATION PUBLIC HEARING is SCHEDULED for January 25, 1989, at
7:00 P.M. at Kempsville Meadows Elementary school.
C. Oral Lambert, Jr., Director of Publ ic Works, advised the State is not
presenting the publ !c a preferred al ignment at the present time. They are
simply presenting to the public the four (4) Alignment alternatives
established.
Ken Lantz, Urban Engineer - Virginia Department of Transportation, advised the
level of detai led plans is I imited at this particular point of time. Fol lowing
the LOCATION PUBLIC HEARING and selection of a single al ignment, a DESIGN
PUBLIC HEARING will be held. Preliminary cost estimates have been developed for
each of the I ines which range from $28.5-MILLION, which consists of an at-grade
intersection with Constitution and Bonney to $48.5-MILLION, which would be
Line 3, which avoids the Park entirely. The City would pay approximately 5% of
the total prel iminary engineering right-of-way and construction costs. The
balance would be paid from the City's VDOT allocation.
Councilman Moss advised Lines I and 1A not only impact the Mount Trashmore Park
but also the United Way Fami ly Service Center. Counci Iman Moss requested a
Resolution bo SCHEDULED for the City Counci I Agenda of January 23, 1989, to
express their preference.
In response to Counci [man Moss's inquiry, C. Oral Lambert, Jr. advised the
Parks and Recreation staff had reviewed Lines 1 and 1A. The Staff advised if
these Lines that crossed the Lake were selected, there would have to be
mitigation and there was some suggestions of mitigation. The design of tho
bridge from an aesthetic point of view and Noise abatement needed to be high
priority. It was suggested that in mitigation, the State consider property it
owns up in the area as outlined by Oral Lambert.
- 5 -
C I T Y M A N A G E R IS B R I E F I N G
12:15 P.M.
ITEM # 30628
Ch i ef Char I es Wa I Iprovided a brief overview of the City's activities in
attempting to curtail various drug related problems.
In the early part of 1982, a Special Investigation Unit consisting of seven
officers, working on drugs as part of their duty, were removed from the
detective bureau and placed directly under Chief Wall's office, thus
streamlining the operation. The personnel was increased from seven to twenty-
three. The first part of the year, the Vice Unit was combined under the same
Lieutenant in charge of the Special Investigation Unit. There is now a total ot
thirty-one officers in this unit but there mission has been increased to
include the vice problems. One half of all the arrests in the City last year
involving drugs was handled by the Special Investigation Unit. Between $2-and
$3-MILLION of narcotics was taken off the Street by the SIU. Approximately 1200
arrests were made last year. The number of arrests rose by 60% from last year.
Chief Wall reiterated drug prevention programs: The Dare Unit (6th Grade) and
the Escape Program (4th Grade).
- 6 -
C I T Y C 0 U N C I L C 0 N C E R N S
ITEM # 30629
Vice Mayor Fentress referenced an Ordinance authorizing the City Manager to
grant permits/leases and to enter into agreements for the implementation of
concepts in the Resort Area identified by City Staff as providing additional
revenues for resort area revitalization and as being consistent with the
overall goal of providing public amenities aimed at enhancement of the festive
Image of the Resort Area. (See Item IV-F.2 of the CONSENT AGENDA.)
Vice Mayor Fentress distributed a copy of a Revised Ordinance eliminating the
third paragraph relative the Resort Area Advisory Commission,
Mayor Oberndorf advised Bill Miller, Member of the Virginia Beach Restaurant
Association, had expressed concern relative the food vendors and their economic
well being.
Henry Ruiz, Administrator of the Resort Programs Office, advised Councilwoman
Parker their office will attempt to develop some ideas on the preparation of an
RFP to interest a private individual to supply a scaled boardwalk train system.
TRT has been advised and they are in total support of removing the trolley, as
they feel it is overscale. Henry Ruiz advised they did not intend to
overpopulate the already restricted bicycle area with more traditional bike
units. The Resort Programs Office would like to offer new opportunities to
those already involved in this type of business to better locations. There are
better locations than current operations utilize. Present locations do not add
to the ambiance of a planned oceanfront.
ITEM # 30630
Councilman Perry referenced LOW BIDS to Dorey Electric Company in the amount of
$38,691.70 for Traffic Signal at the intersection of Northampton Boulevard and
Burton Station (CIP 2-925). (See Item IV-F.8.c of the CONSENT AGENDA).
Councilman Perry inquired the location of the traffic signal. Norwich needs a
traffic signal. C. Oral Lambert, Jr., Director of Public Works, suggested the
City Council proceed with the installation for the Traffic Signal at the
intersection of Northampton Boulevard and Burton Station. City Staff will
prepare a study as to whether a traffic signal is warranted at Norwich and
Northampton.
ITEM # 30631
Councilman Perry referenced Ordinance to authorize acquisition of traffic
control easements: Newtown Road, Lynbrook Landing and St. Croix Place. (See
item IV-F.I.c of the CONSENT AGENDA). There is already a traffic light at
Lynbrook Landing. C. Oral Lambert will advise.
ITEM # 30632
Councilman Sessoms referenced Ordinance to authorize the City Manager to apply
for a Virglnia Housing Partnership Loan Fund Reservation for administration of
the Multifamily Rehabilitation and Energy Conservation Loan Program. (See Item
IV-F.4 of the CONSENT AGENDA.) The City Manager advised all of the funds are
utilized.
ITEM # 30633
Councilman Perry advised VEPCO has charged Piney Grove Baptist Church twenty
thousand dollars ($20,000), because all utilities must now be underground. C.
Oral Lambert, Jr. advised the Site Plan Ordinance requires all new development
have underground utilities.
- 7 -
C I T Y C 0 U N C I L C 0 N C E R N S
ITEM # 30634
Counc i I man Ba um d i str i b uted copies of an article in the Pennsylvania Farmer
entitled "They Call Me Swamp Buster" by Perry Stambaugh. With reference to the
Non-Tidal Wetlands Bill, the State is discussing different ways to handle same.
There has been no publicity regarding the effect on tarmland. The rights of
private property owners to utilize their land has been taken away without any
indication of the purpose. (Copy of said article is hereby made a part of the
record.)
ITEM # 30635
Councilwoman Henley referenced a copy of a letter dated January 10, 1989, from
Marguerite A. Winans relative seeking assistance to obtain a better public
transportation system for a very large segment of the Tidewater area population
by the working poor, nearly and marginal poor and the elderly and retired
people. (Said letter is hereby made a part of the record.) Mrs. Winans
suggested running very small buses at 15-minute intervals during non-rush hours
and 10-minute intervals at rush hours. Councilwoman Henley believed public
transportation should be considered in broader terms than just highways and
roads. A large segment of the City's population has difficulty supporting an
automobile. Councilwoman Henley referenced the 20-20 Panel Report. Their vision
for Virginia includes the reduction of automobile use and continued or
increased support for mass transportation. The City should focus more on
transportation and all of its aspects involving automobiles, water and air
quality, cost to citizens and cost to City to provide the highways, thus
bringing together a broader transportation plan.
Councilman Moss referenced the very extensive metro system in Madrid. With the
post Franco years and the democratization of Madrid, it is amazing the number
of people who have fled the mass transportation system for cars. If the City
desires to raise a major policy question, the City needs to provide a choice.
Councilman Moss attended the Hampton Roads Investors Meeting on Friday January
13, 1989, and spoke to businessmen relative Light Rail. Light Rail is not
going the place where traffic is the heaviest which is the Naval Base. Instead
of building the HOV Lanes, install the Light Rail down the median strip with
those Federal Dollars.
- 8 -
ITEM # 30636
The INFORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL was called to order by
Mayor Meyera E. Oberndorf in the Conference Room, City Hal I Bui Iding, on
Tuesday, January 17, 1989, at 1:10 P.M.
Counci I Members Present:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, Reba
S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf,
Nancy K. Parker, John L. Perry and William D.
Sessoms, Jr.
Council Members Absent:
- 9 -
ITEM # 30637
Mayor Meyera E. Oberndorf entertained a motion to permit City Counci I to
conduct its EXECUTIVE SESSION, pursuant to Section 2.1-344, Code of
Virginia, as amended, for the following purposes:
1. PERSONNEL MATTERS: Discussion or consideration of employment, assignment,
appointment, pr(xnotion, performance, demotion, salaries, discipl ining or
resignation of public officers, appointees or employees.
2. PUBLICLY HELD PROPERTY-. Discussion or consideration of the condition,
acquisition or use of real property for public purpose, or of the
disposition of pubi icly held property, or of plans for the f uture of an
institution which could effect the value of property owned or desirable
for ownership by such Institution.
3. PUBLIC FUNDS INVESTMENT: The investing of pubi ic funds where competition
or bargaining is involved, where if made publ ic initial ly the f inancial
interest of the governmental unit would be adversely affected.
4. LEGAL MATTERS: Consultation with legal counsel or brief ings by staff
members, consultants or attorneys, pertaining to actual or potential
I ltigation, or other legal matters within the jurisdiction of the publ ic
body pursuant to Section 2.1-344 (a) (6).
Upon motion by Counci Iman Baum, seconded by Counci Iman Sessoms, City
Council voted to proceed into EXECUTIVE SESSION.
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, Reba
S. McC[anan, John D. Moss, Mayor Meyera E.
Oberndorf, Nancy K. Parker. John L. Perry and William
D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
- 10 -
F 0 R M A L S E S S I 0 N
VIRGINIA BEACH CITY COUNCIL
January 17, 1989
2:00 P.M.
Mayor Meyera E. Oberndorf cal led to order the FORMAL SESSION of the VIRGINIA
BEACH CITY COUNCIL in the Council Chambers, City Hall Bui [ding, on Tuesday,
January 17, 1989, at 2:00 P.M.
Council Members Present:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, Reba
S. McClanan, John D. Moss, Mayor Nbyera E.
Oberndorf, Nancy K. Parker, John L. Perry and William
D. Sessoms, Jr.
Council Members Absent:
None
1NVOCATION: Father Canice Welch, Associate Pastor
St. Gregory the Great
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
Item IV-D.I.
MINUTES ITEM 30638
Upon motion by Vice Mayor Fentress, seconded by Councilman Balko, City Council
APPROVED the Minutes of the INFORMAL AND FORMAL SESSIONS of the City Council
Meeting of January @9, 1989.
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, Reba
S. McCianan, John D. Moss, Mayor Meyera E. Oberndorf,
Nancy K. Parker, John L. Perry and William D.
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
- 12 -
Item IV-E.I.a/b
RESOLUTIONS/ORDINANCE ITEM # 30639
Herb Taylor, 3325 Sandpiper Road, Phone: 426-7286, President of the Sandbridge
Beach Civic League, spoke in favor of the Resolution and Ordinance. Herb
Taylor advised certain changes are necessary in the Dedication/Easement
Agreements to be acceptable to the majority.
Upon motion by Councilwoman McClanan, seconded by Councilman Baum, City Council
ADOPTED, AS REVISED*:
*Resolution requesting the Corps of Engineers to
construct an Erosion Control and Hurricane
Protection Project at Sandbridge in the City of
Virginia Beach and offering certain assurances.
A N D, ADOPTED*:
Ordinance to establish Capital Project #2-112
Sandbridge Sand Project and to TRANSFER $50,000
from Project #2-077 Resort Area Sand Project.
Voting: 8-3
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress,* Harold Heischober, Barbara M. Henley, Reba
S. McCianan, John L. Perry and William D. Sessoms,
Jr.
Council Members Voting Nay:
John D. Moss, Mayor Meyera E. Oberndort and Nancy K.
Parker
Council Members Absent:
None
*Verbal Aye
1 A RESOLUTION REQUESTING THE CORPS OF
2 ENGINEERS TO CONSTRUCT AN EROSION CONTROL AND
3 HURRICANE PROTECTION PROJECT AT SANDBRIDGE IN
4 THE CITY OF VIRGINIA BEACH AND OFFERING
5 CERTAIN ASSURANCES
6 WHEREAS, erosion is rapidly destroying the beach in the
7 Sandbridge area of the City threatening the homes and city
8 infrastructures therein; and
9 WHEREAS, City Council is desirous of creating more
10 public beach; and
11 WHEREAS, the Corps of Engineers is currently
12 reevaluating the beach nourishment plan for Sandbridge; and
13 WHEREAS, the Corps of Engineers has required that the
14 City provide certain assurances before they complete their
15 reevaluation.
16 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE
17 CITY OF VIRGINIA BEACH, that the City of Virginia Beach will be
18 the local sponsor for a cost-shared federal beach nourishment or
19 hurricane protection project in Sandbridge;
20 AND BE IT FURTHER RESOLVED THAT the City of Virginia
21 Beach understands the cost sharing requirements contained in the
22 Water Resources Development Act of 1986 (P.L. 99-662); namely,
23 that if this becomes a hurricane protection project or an erosion
24 control project, the City will be responsible for 35 percent of
25 the costs;
26 AND BE IT FURTHER RESOLVED THAT the City of Virginia
27 Beach is capable of and will attempt to provide the necessary
28 assurances with regard to lands, easements, relocations, rights-
29 of-way, and disposal areas, and the real estate rights would
30 include, but not be limited to, a permanent easement for project
31 construction and maintenance in the event the City and Corps of
32 Engineers reach an agreement to carry out a project as referenced
33 above;
34 AND BE IT FURTHER RESOLVED THAT the City will assure
35 the Corps of Engineers that it is currently negotiating with
36 local landowners to obtain a sufficient interest in the shores
37 of Sandbridge Beach from Little Island Park at the South to Dam
38 Neck at the North to establish a public beach along the entire
39 project area. This will include access to the beach including
40 the provision of suitable parking.
41 AND BE IT FURTHER RESOLVED THAT the City of Virginia
42 Beach realizes the importance of a timely study completion and as
43 such is willing to provide $50,000.00 for completion of the re-
44 evaluation report.
45 AND BE IT FINALLY RESOLVED THAT the City of Virginia
46 Beach believes that the current negotiations with individual
47 landowners will result in acquisition of required lands east of
48 the "nourishment line," and the City agrees that, if a federal
49 project is authorized by Congress, engineering and design of the
50 project will not be initiated until all necessary land rights
51 have been obtained by the City.
52 Resolved by the Council of the City of Virginia Beach
53 on the 17 day of January 1989.
2
AN ORD CAPML PRW= #2-112 SANDER=
@ PM= AND TO $50,000 FRM
P"= #2-077 RESOPT SAND P"=
the City has reques@ the Corps of Engin- tO -juate a
Hurricane ion Pro3er-t or Beach Nouri@t Prc)ject for the Sandbridge
of the City, and
WHEREAS, the estine@ cost of this evaluation is $87,000, and
, the City must beccm the local spc)nsor of the project prior to
the corp of Ergineers under the evaluation, and
WHEREAS, the City may be requested to participate in the cost of the
evaluation project with the corps of Engineers, and
WHEREAS, this participation will not exceed $50,000, and
, there is sufficient funding in the capital project #2-077
Resort Area Sand Project to transfer $50,000 for this purpose.
NOW @FORE BE IT ORDAINED BY THE CANCIL OF THE CITY OF
BEACH, @INIA, that Virginia Beach, Virginia will locally sponsor the
evaluation of a H=icane Protection or Beach Nourishment Project for the
Sandbridge area of the City, and
BE IT ORDA=, that a new capit-al project #2-112 Saridbridge
Sand Proje(-t be established and that $50,000 be ferred f- the -Pital
project #2-077 Resort Area Sand Project to the newly es@lished PrOject-
This ordinance shall be in effect form the date of its adoption.
Adopt-ed by the Council of the City of Virginia Beach, vi@ia on the
17 y of January 1 1989.
- 13 -
Item IV-F.
CONSENT AGENDA ITEM # 30640
Upon motion by Vice Mayor Fentress, seconded by Councilman Balko, City Council
APPROVED In ONE MOTION Items 1, 2,* 3, 4, 5, 6, 7, 8, 9, 10, 11, 12 and 13 of
the CONSENT AGENDA.
*AS REVISED
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, Reba
S. McCianan*l John D. Moss, Mayor Meyera E.
Oberndorf, Nancy K. Parker, John L. Perry and William
D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Abstaining:
Mayor Meyera E. Oberndorf ABSTAINED on Item IV-F.4 as
she possesses Virginia Housing and Redevelopment
Authority Bonds In the amount necessary to be
disclosed.
Councilwoman Nancy K. Parker ABSTAINED on Item IV-F.5
as she is a Member of the Clean community Commission
Council Members Absent:
None
*Councilwoman Reba S. McClanan DISCLOSED she
possesses Virginia Housing and Redevelopment
Authority Bonds and is an advisory Member of the
Clean Community Commission but these will not inhibit
her ability to vote in an objective manner.
- 14 -
Item IV-F.1
CONSENT AGENDA ITEM # 30641
Upon motion by Vice Mayor Fentress, seconded by Councilman Balko, City Council
ADOPTED:
Ordinances to authorize acquisition of traffic
control easements:
Kempsville Road, Brandon Boulevard and
Beautain Boulevard
Pembroke Boulevard and Sullivan Boulevard
Newtown Road, Lynbrook Landing and St. Croix
Place
Witchduck Road and Jericho Road
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, Reba
S. McCianan, John D. Moss, Mayor Meyera E. Oberndorf,
Nancy K. Parker, John L. Perry and William D.
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
1 AN ORDINANCE TO AUTHORIZE ACQUISITION OF A
2 TRAFFIC CONTROL EASEMENT AT KEMPSVILLE ROAD,
3 BRANDON BOULEVARD AND BEAUFAIN BOULEVARD
4 EITHER BY AGREEMENT OR CONDEMNATION
5
6 WHEREAS, in the opinion of the Council of the City of
7 Virginia Beach, Virginia, a public necessity exists for the
8 construction of this important roadway to provide transportation
9 and for other public purposes for the preservation of the safety,
10 health, peace, good order, comfort, convenience, and for the
11 welfare of the people in the City of Virginia Beach:
12 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
13 VIRGINIA BEACH, VIRGINIA:
14 Section 1. That the City Attorney is hereby authorized and
15 directed to acquire by purchase or condemnation pursuant to
16 Sections 15.1-236, et seq., 15.1-898, 15.1-899, and Section 33.1-
17 89, et seq., Code of Virginia of 1950, as amended, traffic
18 control easement located at Kempsville Road, Brandon Boulevard
19 and Beaufain Boulevard as shown on the plans entitled "KEMPSVILLE
20 ROAD AT BRANDON BOULEVARD & BEAUFAIN BOULEVARD TRAFFIC SIGNALS &
21 PAVEMENT MARKINGS CITY OF VIRGINIA BEACH DEPARTMENT OF PUBLIC
22 WORKS TRAFFIC ENGINEERING DIVISION" these plans being on file in
23 the Office of Real Estate Department of Public Works, Virginia
24 Beach, Virginia.
25 Section 2. That the City Attorney is hereby authorized to
26 make or caused to be made on behalf of the City of Virginia
27 Beach, to the extent that funds are available, a reasonable offer
28 to the owners or persons having an interest in said lands, if
29 refused, the City Attorney is hereby authorized to institute
30 proceedings to condemn said property.
31 That an emergency is hereby declared to exist and this
32 ordinance shall be in force and effect from the date of its
33 adoption.
34 Adopted by the council of the city of Virginia Beach,
3 5 Virginia, on the 17 day of January 19 89
36
37
3 8
39
40
41
42
43
4 4
45
46 JAR/ih
47 CA-3102
48 \ordin\noncode\kempsvil.ord
TO COTITENTS
-FORNEY
'712
APPROVED DATE:
,ro,CDIRECTOR'OF PUBLW WORKS
Cl TY GINIA
GNED.. DATE.
AND MAPPING
@.CH IRGINIA
LLO
9
OTE (1) OF FIELD TIES TO EXISTING MONUMENTS COMBINED WrrH THE
EDS AND PLATS SHOWN HEREON,AND IS NOT.-INTENDED TO
SURVEY.
TE (2): MEF?IDIAN SOURCE IS BASED ON PLAT ENTITLED " RESUBDIVISION OF LOT 17,
BLOCK K, BRANDON SECTION THREE. MAP BOOK 158, PAGE:25.
NOTE (3): DENOTES TRAFFIC CONT'ROL EASEMENT CONVEYED TO THE
CrFY OF VIRGINIA BEACH. AREA 129 SQ. FT = 0. 003 ACRES.
JUDE COURT
N 48025'37" E
EXISTING RI W 37.62' 90000,00"
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31 42'
20. 00
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TRAFFIC CONTROL
EASEMENT
EXISTING RI W CONVEYED TO
S48'25'37"W THE CITY OF VIRGINIA BEAPH.
AREA 129 SO. FT 0. 003AC.
KEMPSVILLE ROAD (VAF?IABLE RIW
REVISED DATE: SEPT 29,1988
REVISED DATE: SEPT 28,1988
PLAT SHOWING
TRAFFIC CONTROL EASEMENT
CONVEYED TO THE CITY OF VIRGINIA BEACH
FF?OM
,JOHN F a BONNIE E. SHAUGHNESSY
KEMPSVILLE BOROUGH VIRGINIA BEACH, VIRGINIA
BUREAU OF SURVEYS AND MAPPING
ENGINEERING DIVISION
DEPARTMENT OF PUBLIC WORKS
CITY OF VIRGINIA BEACH, VIRGINIA
IDATE: SEPT, 20, 198@B [DRAWN 13Y: DLW I IFIELD i3OOK.'@"871 FILE: VERTICAL
..........
qN@
1, 'Til
qN@
..... ... . .
it
11 All
1 AN ORDINANCE TO AUTHORIZE ACQUISITION OF A
2 TRAFFIC CONTROL EASEMENT AT PEMBROKE
3 BOULEVARD AND SULLIVAN BOULEVARD EITHER BY
4 AGREEMENT OR CONDEMNATION
5
6 WHEREAS, in the opinion of the Council of the City of
7 Virginia Beach, Virginia, a public necessity exists for the
8 construction of this important roadway to provide transportation
9 and for other public purposes for the preservation of the safety,
10 health, peace, good order, comfort, convenience, and for the
11 welfare of the people in the city of Virginia Beach:
12 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
13 VIRGINIA BEACH, VIRGINIA:
14 Section 1. That the City Attorney is hereby authorized and
15 directed to acquire by purchase or condemnation pursuant to
16 Sections 15.1-236, et seq., 15.1-898, 15.1-899, and Section 33.1-
17 89, et seq., Code of Virginia of 1950, as amended, a traffic
18 control easement located at Pembroke Boulevard and Sullivan
19 Boulevard as shown on the plans entitled "PEMBROKE BOULEVARD AT
20 SULLIVAN BOULEVARD TRAFFIC SIGNALS & PAVEMENT MARKINGS CITY OF
21 VIRGINIA BEACH DEPARTMENT OF PUBLIC WORKS TRAFFIC ENGINEERING
22 DIVISION," these plans being on file in the office of Real
23 Estate Department of Public Works, Virginia Beach, Virginia.
24 Section 2. That the City Attorney is hereby authorized to
25 make or caused to be made on behalf of the City of Virginia
26 Beach, to the extent that funds are available, a reasonable offer
27 to the owners or persons having an interest in said lands, if
28 refused, the City Attorney is hereby authorized to institute
29 proceedings to condemn said property.
30 That an emergency is hereby declared to exist and this
31 ordinance shall be in force and effect from the date of its
32 adoption.
33 Adopted by the council of the City of Virginia Beach,
34 Virginia, on the 17 day of January 19 89
35
36
37
38
39
40
41
42
43
44
45 JAR/ih
46 CA-3100
47 \ordin\noncode\pembroke.ord
CO@ITENTS
PEMBROKE BOULEVARD
PEIIROKE LAKE APARTM
PEMBROKE BOULEVARD
zi
lit
0 'O
N VA I
Gos 0. 0. owwow -a 4 -q 9
1 AN ORDINANCE TO AUTHORIZE ACQUISITION OF
2 TRAFFIC CONTROL EASEMENTS AT NEWTOWN ROAD AND
3 LYNBROOK LANDING AND ST. CROIX PLACE EITHER
4 BY AGREEMENT OR CONDEMNATION
5
6 WHEREAS, in the opinion of the Council of the City of
7 Virginia Beach, Virginia, a public necessity exists for the
8 construction of this important roadway to provide transportation
9 and for other public purposes for the preservation of the safety,
10 health, peace, good order, comfort, convenience, and for the
11 welfare of the people in the City of Virginia Beach:
12 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
13 VIRGINIA BEACH, VIRGINIA:
14 Section 1. That the City Attorney is hereby authorized and
15 directed to acquire by purchase or condemnation pursuant to
16 Sections 15.1-236, et seq., 15.1-898, 15.1-899, and Section 33.1-
17 89, et seq., Code of Virginia of 1950, as amended, traffic
18 control easements located at Newtown Road and Lynbrook Landing
19 and St. Croix Place as shown on the plans entitled "NEWTOWN RD.
20 AT LYNBROOK LANDING TRAFFIC SIGNALS & PAVEMENT MARKINGS CITY OF
21 VIRGINIA BEACH DEPARTMENT OF PUBLIC WORKS TRAFFIC ENGINEERING
22 DIVISION" these plans being on file in the office of Real
23 Estate Department of Public Works, Virginia Beach, Virginia.
24 Section 2. That the City Attorney is hereby authorized to
25 make or caused to be made on behalf of the City of Virginia
26 Beach, to the extent that funds are available, a reasonable offer
27 to the owners or persons having an interest in said lands, if
28 refused, the City Attorney is hereby authorized to institute
29 proceedings to condemn said property.
30 That an emergency is hereby declared to exist and this
31 ordinance shall be in force and effect from the date of its
32 adoption.
33 Adopted by the council of the City of Virginia Beach,
3 4 Virginia, on the 17 day of January 19 89
35
36
37
38
39
40
41
42
43
44
45 JAR/ih
46 CA-3101
47 \ordin\noncode\newtown.ord
-APPROVEDA
su
6TY ATTORNEY
9.11 @d IL u,
@l @d
UV.IS im
@d go, v-
Id 1-@@ - -
NHOR P 3blOOOV All"ll
gR r'-
'El
1 AN ORDINANCE TO AUTHORIZE ACQUISITION OF
2 TRAFFIC CONTROL EASEMENTS AT WITCHDUCK ROAD
3 AND JERICHO ROAD EITHER BY AGREEMENT OR
4 CONDEMNATION
5
6 WHEREAS, in the opinion of the Council of the City of
7 Virginia Beach, Virginia, a public necessity exists for the
8 construction of this important roadway to provide transportation
9 and for other public purposes for the preservation of the safety,
10 health, peace, good order, comfort, convenience, and for the
11 welfare of the people in the City of Virginia Beach:
12 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
13 VIRGINIA BEACH, VIRGINIA:
14 Section 1. That the City Attorney is hereby authorized and
15 directed to acquire by purchase or condemnation pursuant to
16 Sections 15.1-236, et seq., 15.1-898, 15.1-899, and Section 33.1-
17 89, et seq., Code of Virginia of 1950, as amended, a traffic
18 control easements located at Witchduck Road and Jericho Road as
19 shown on the plans entitled "WITCHDUCK ROAD AT JERICHO ROAD
20 TRAFFIC SIGNALS & PAVEMENT MARKINGS CITY OF VIRGINIA BEACH
21 DEPARTMENT OF PUBLIC WORKS TRAFFIC ENGINEERING DIVISION" these
22 plans being on file in the office of Real Estate Department of
23 Public Works, Virginia Beach, Virginia.
24 Section 2. That the City Attorney is hereby authorized to
25 make or caused to be made on behalf of the City of Virginia
26 Beach, to the extent that funds are available, a reasonable offer
27 to the owners or persons having an interest in said lands, if
28 refused, the City Attorney is hereby authorized to institute
29 proceedings to condemn said property.
30 That an emergency is hereby declared to exist and this
31 ordinance shall be in force and effect from the date of its
32 adoption.
33 Adopted by the council of the city of Virginia Beach,
3 4 Virginia, on the 17 day of January 19 89
35
36
37
38
39
40
41
42
43
44
45 JAR/ih
46 CA-3103
47 \ordin\noncode\jericho.ord
APPROVE','),kS TO CO@4TENTS
10 Li
CITY ATTORNEY
S2
GVOH OHO I 83f'
ie
t2
Ovoa OHO183r
av,, OHDI&31,
tj
wi
APPROVED DAT'E-
DIRFCTOR OF PUBLIC WORKS, CITY OF VIRGINIA BEACH, VIRGINIA
SIGNED ,y ,. 16
1 - DA.-
SUPERIN7(PNI)f5N7-'Ot,5URVEYS ANt) MAPPING
CITY dFVIRGII41A" BEACH, VIRGINIA
NOTE(l): THIS PLAT.@19, A RESULT OF FIELD TIES TO EXISTING MONUMENTS
COMBINED WITH THE COMPILATION OF T14E DFEDS AND PLATS SHOWN
HEREON AND IS NOT INTENDED TO REPRESENT A BOUNDARY
SURVEY LOCATION MAP SCALE 1"-2640'
NOTE (2),'MERIDIAN SOURCE IS BASED ON PLAT ENTITLED, "SUt3DIVISION OF PA CEL 'B' SECTION FIVF,
ARAGONA VILLAGE," (MB. 45 PG. 51).
NOTE(3): n DENOTES TRAFFIC CONTROL EASEMENT CONVEYED TO THE CITY OF VIRGINIA BEACH.
AREA= 71 SO@FT =0.002 ACRES.
DETAIL N 17'26'02"E '29'5 4"w
S 56'58'40"W 23.02'
CHORD BRG.=S59@04'05"W
R@1864.66'A=01'59'20" S 56' 58'40" W
Exis 9.24'
CHDUCK ROAD (90'RIW) NOT TO SCALE
01?
106 NOW OR
GERALD W a MARY ANi
HITCHINGS
D.B.2081 PG.144
D. B. 1214 PG. 305
M.B. 45 PG. 51
GPIN NO. 1478-20-5544
(O
NOW OR FORMERLY TRAFFIC CONTROL EASEMENTCON-
JAMES FRANCIS VEYED TO THE CITY OF VIRGINIA
LANIHAN ETALS BEACH. AREA = 71 SQ. FT = 0. 002 AC.
z
D. 8. 1927 PG. 6 /5
M. El 45 PG. 5
N 17'26'02"E 28.77',
S 56'58'40 W 4. 0 O'@
R=186486' L=64.73 ,T 32 154w
.3
6 1
'EXIST RIWL=01'59'20" CHORD
S59,C .58'40" W
WITCHDUCK ROAD(90'R 9.24'
EE DETAIL
PLAT SIIOWING
TRAFFIC CONTROL EASEMENT
CONVEYED TO THE CITY OF VIRGINIA BEACH
FROM
GERALD W. a MARY ANN HITCHINGS
BAYSIDE BOROUGH - VIRGINIA BEACH,VIRGINIA
BUREAU OF SURVEYS AND MAPPING
ENGINEERING DIVISION
DEPARTMENT OF PtiBL/C WORKS
CITY OF VIRGINIA BEACH, VIRGINIA L
IDATE.-OCT / 11 198@8 ISCALEl"=25' IIDRAWN JAL JIFILE.' VERTICAL
APPROVED DATE:
DIRECTOR OF PUBLIC WORKS, CFRY OF VIRGINIA BEACH, VIRGINIA
SIGNED DATF'
INTEIV AND MAPPING
CITY OF VIRGINIA BEACH, VIRGINIA
LOCATION MAP SCALE I "= 2640'
NOTE (1): THIS PLAT IS A RESULT OF FIELD TIES TO EXISTING MONUMENTS COMBINED WITH THE,
COMPILATIOIV OF THE DEEDS AND PLATS STIOWN HEREON AND IS NOT INTENDED TO
REPRESENT A BOUNDARY SURVEY
NOTE(2).' MERIDIAN SOURCE IS BASED ON PLAT ENTITLED," SUBDIVISION OF PARCEL "a" SECTION
FIVE, ARAGONA VILLAGE," (M. B. 45 PG. 51)
NOTE(3): P DENOTES TRAFFIC CONTROL EASEMENT CONVEYED TO THE CITY OF VIRGINIA BEACH.
AREA = 387SO. FT. =0.009 ACRES.
=02'08'56"
R = 720.00'
L =2700'
T = / 3.50'
(2) @=90-00'ooll
R = 10.00'
L z 15.71'
T = 10.00' OW OR FORMERLY
@=09-39'29" ST R. a BLENDA
R=100.00' PARKER
L = 16.86' B. 2386 PG. 348
T = 8.4 5'
M. B. 45 PG. 51
G PIN NO. 14 78 - 20 - 665
4i
CONVEYED TO THE CITY OF Vi
(O TRAFFIC CONTROL EASEMENT
GINIA BEACH. AREA z 387 SO
.009ACRES.
WITCHDUCK ROAD (90' RIW)
REVISED DATE.'JAN. 04,1989
PLAT SHOWING
TRAFFIC CONTROL EASEMENT
CONVEYED TO THE CITY OF VIRGINIA BEACH FROM
ERNEST R. a BLENDA G. PARKER
BAYSIDE BOROUGH - VIRGINIA BFACfi, VIRGINIA
BUREAU OF SURVEYS AND MAPPING
ENGINEERING DIVISION
OEPARTMENT OF PUBLIC WORKS
CITY OF VIRGINIA BEACH, VIRGINIA
DATE SEPT 18, 1988 1 SCALF I'=25' . IDRAWN t3 Y: J A L FILE: VERTICAL
1 5
Item IV-F.2
CONSENT AGENDA ITEM # 30642
Upon motion by Vice Mayor Fentress, seconded by Councilman Balko, City Council
ADOPTED, AS REVISED*:
Ordinance authorizing the City Manager to
grant permits/leases and to enter Into
agreements for the Implementation of concepts
in the Resort Area identified by City Staff as
providing additional revenues for resort area
revitalization and as being consistent with
the overall goal of providing public amenities
aimed at enhancement of the festive Image of
the Resort Area.
The City Manager will continue to study concepts and overall goals.
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, Reba
S. McCianan, John D. Moss, Mayor Meyera E. Oberndorf,
Nancy K. Parker, John L. Perry and William D.
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
2 AN ORDINANCE AUTHORIZING THE CITY 14ANAGER TO
3 GRANT PERMITS/LICENSES AND TO ENTER INTO
4 AGREEMENTS FOR THE IMPLEMENTATION OF CONCEPTS
5 IN THE RESORT AREA IDENTIFIED BY CITY STAFF
6 AS PROVIDING ADDITIONAL REVENUES FOR RESORT
7 AREA REVITALIZATION AND AS BEING CONSISTENT
8 WITH THE OVERALL GOAL OF PROVIDING PUBLIC
9 AMENITIES AIMED AT ENHANCEMENT OF THE FESTIVE
10 IMAGE AT THE RESORT AREA
11
12
13 WHEREAS, the City Manager and staff have presented to City
14 Council a proposal for the implementation of certain concepts at
15 the Resort Area on public property, including, but not limited
16 to, photographers, balloon and other vendors, and bicycle
17 rentals; and
18 WHEREAS, City staff have studied various concepts and have
19 identified certain concepts as being beneficial to the Resort
20 Area through their revenue-producing potential and their
21 perceived enhancement of the festive atmosphere at the Resort
22 Area; and
23 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
24 VIRGINIA BEACH, VIRGINIA:
25 That the City Manager is hereby authorized to grant
26 permits/licenses and to enter into agreements f o r the
27 implementation of concepts in the Resort Area identified by city
28 staff as providing additional revenues for Resort Area
29 revitalization and being consistent with the overall goal of
30 providing public amenities aimed at enhancement of the festive
31 image at the Resort Area.
32 Adopted by the Council of the City of Virginia Beach,
33 Virginia, on this 17 day of January 1989.
34 RMB/dga
35 Resort.ord
36 1/10/89
37 1/17/B9
- 16 -
Item IV-F.3
CONSENT AGENDA ITEM # 30643
Upon motion by Vice Mayor Fentress, seconded by Councilman Balko, City Council
ADOPTED:
Ordinance approving an agreement with the
Department of Emergency Services to provide
Hazardous Materials Finergency Response
Services and directing the City Manager to
execute said agreement.
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, Reba
S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf,
Nancy K. Parker, John L. Perry and William D.
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent;
None
L
ORDINANCE APPROVING AN AGREEMENT WITH THE
2 DEPARTMENT OF EMERGENCY SERVICES TO PROVIDE
3 HAZARDOUS MATERIALS EMERGENCY RESPONSE
4 SERVICES AND DIRECTING THE CITY MANAGER TO
5 EXECUTE SAID AGREEMENT
6 WHEREAS, the Commonwealth of Virginia Department of
7 Emergency Services, in recognition of the need to provide a
8 coordinated and effective means to contain, render harmless and
9 remove hazardous materials and substances, has inaugurated an
10 Emergency Response Team for such services in the southeastern
11 portion of Virginia; and
12 WHEREAS, the Department of Emergency Services has
13 entered into an agreement with the City of Portsmouth, Virginia,
14 for that City to act as primary team provider of such Emergency
15 Response Services; and
16 WHEREAS, it is deemed desirable and beneficial for the
17 City of Virginia Beach to enter into an agreement with the
18 Department of Emergency Services to contribute to such Emergency
19 Response Team by providing trained personnel from the Department
20 of Fire Protection in support thereof, and to receive the
21 potential services of such Response Team in the case of any
22 hazardous materials emergency in the City;
23 NOW THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY
24 OF VIRGINIA BEACH-
25 That the accompanying Agreement to Provide Hazardous
26 Materials Emergency Response Services is approved, and the City
27 Manager is directed to execute such agreement on behalf of the
28 City of Virginia Beach.
29 Adopted by the City Council of the City of Virginia
17 January
30 Beach, Virginia, on the day of 1989.
31 WEB/dhh
32 CA-88-3088
33 HAZARD.ORD
34 12/16/88
APPENDIX B
AGREEMENT TO
PROVIDE HAZARDOUS MATERIAL
EMERGENCY RESPONSE SERVICES
THIS AGREEMENT, made this _ day of 19-,
by and between the Commonwealth of Virginia Department of
Emergency Services (DES) and the City of Virginia Beach,
supplements the Basic Agreement, here attached, dated October 21,
1988, by and between DES and the City of Portsmouth, Virginia,
primary team provider of Hazardous Materials Emergency Response
Services.
WHEREAS, the City of Virginia Beach purposes to provide
support to the composite regional hazardous materials emergency
response team, controlled by the City of Portsmouth, the City of
Virginia Beach agrees to:
1. Provide 15 person with Level III hazardous materials training
to be part of the composite hazardous materials response team.
2. Insure that persons designed for the composite team receive
Level III training as defined in the Basic Agreement, plus
refresher courses and participates in semi-annual drills or
exercises developed and sponsored by DES.
3. Provide a minimum of 3 Level III personnel to the composite
team for each response that the City of Portsmouth responds to at
the request of DES.
4. Provide to the City of Portsmouth an itemized statement of
expenses incurred during an authorized response, limited to the
conditions as outlined in paragraph 2B6 of the Basic Agrement.
5. Adhere to those items so marked by an asterisk in the Basic
Agreement.
DES agrees to:
1. Provide Worker's Compensation coverage for response team
members injured during Level III response in accordance with the
Worker's Compensation Act, but shall not include any supplement
thereto normally provided to such employees by Virginia Beach
under the same or similar circumstances.
2. Provide liability protection and legal representation to
response personnel for negligent acts, errors or omissions
arising from responses.
3. Reimburse expenses incurred during an authorized Level III
response using the City of Portsmouth as the billing and
collecting agent.
4. Comply with those items so marked by an asterisk in the Basic
Agreement.
If the Basic Agreement is terminated in accordance with paragraph
7 of the Basic Agreement, then the provisions of this Appendix
are also terminated.
CITY OF VIRGINIA BEACH
Chie-f of Fite Pro tion City Manager
ATTEST:
City Clerk
2
VIRGINIA DEPARTMENT OF
EMERGENCY SERVICES
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
I, a Notary Public in and for the
City and State aforesaid, do hereby certify that AUBREY V. WATTS,
JR., City Manager for the CITY OF VIRGINIA BEACH, whose name as
such is signed to the foregoing Agreement, has acknowledged the
same before me in the City of Virginia Beach, State of Virginia.
GIVEN under my hand this day of 19
Notary Public
My Commission Expires:
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
I, I a Notary Public in and for
the City and State aforesaid, do hereby certify that RUTH HODGES
SMITH, City Clerk for the CITY OF VIRGINIA BEACH, whose name as
such is signed to the foregoing Agreement, has acknowledged the
same before me in the City of Virginia Beach, State of Virginia.
GIVEN under my hand this day of 19
3
Notary Public
My Commission Expires:
STATE OF VIRGINIA
CITY OF to-wit:
I, I a Notary Public in and for the
City and State aforesaid, do hereby certify that
I of the VIRGINIA DEPARTMENT OF
EMERGENCY SERVICES, whose name as such is signed to the foregoing
Agreement, has acknowledged the same before me in the City and
State aforesaid.
GIVEN under my hand this day of 19
Notary Public
My Commission Expires:
WEB/dhh
HAZARD.AGM
12/16/88
4
TliIS AGREEMENT, made this day of rc @o
19&f% , by and between the Commonwealth of Virginia, De,)artment of
Emergency Services (DES) and the City of Portsmouth, a @unicipal
corporation of the Commonwealth of Virginia (CITY),
WIIEREAS, there exists within the Commonwealth of Virginia a
potential for serious accidents and releases involving hazardous
materials; and
WIIEREAS, the public health, :5afety, and welfare may be
threatened as a result of these incidents involving hazardous
materials; and
WHEREAS, the Coordinator of the Virginia Departmeni: of
Emergency Services is authorized by Section 44-146.36, (,ode of
Virqinia, 1973, as amended, to enter into agreements wi.1-h@
polit@cal subdivisions to provida hazardous materials eriergency
response within a specific geographical area of the Com,ionwealth;
and
WIIEREAS, the City of Portsmoiith will act as the pr@.mary team
and will be responsible for ttie aclmiiiistrative and fiscE.11
procedures as outlined in this a,4reemelit. Items marked with an
asterisk (*) will apply to all,jurisdictions. For the J)urpose of
this agreement, the following jurisdictions will furnisti response
personnel to the composite regional team: Chesapeake arid Virginia
Be'ach. Appendices A and B, here-lo, detail specific iteitis for
these jurisdictions.
WHEREAS, the CITY and DES desire to enhance the
Commonviealth's program to protect the environment and tlle liealth,
safety, aiid welfare of the people of tlie Commonwealth fz-om the
d,izigers and poteritial dangers of iiceidents aiid inc:identr; iiivolving
hazardous material.E. by ent:ering ii-ito a cost-sharing agr@.!emellt for
the CITY to provide liazardous ina,-Ierizils emergency resporise wlthill
the southeastern area of tlie Cominonwealth.
POW, TTIEREF'ORE, WITTIESSETII, that for and in consid(!ration of
the promises and of the Tqutu@il c,@,,,enints herein containc!d, the
parties hereto agree as follows:
1. Def i.nitl.oiis. F'or tl-ie p,.::@I)oses of tllis agreenicii'@, tlie
ind phra!3ec shill halie the meallings
a8cri.bed to them:
-I.-
A. Level III Response: Response to an incident
involving hazardous materials by CITY'S Fire
Department hazardous materials response team at tlie
request of DES or by notification from CITY to DES of
a team response to such an incident$ with DES
concurrence of a Level III response.
*B. Level III Training: Training in hazardous materials
emergency response, including, but not limited to,
chemistry of hazardous materials, technical
decontamination, detection and monitoring equipment,
personal protection equipment, leak intervention,
radiological response, and team organization and
functions.
C. Team: The hazardous materials response team of
CITY'S Fire Department, and response personnel from
Chesapeake and Virginia Beach.
D. Hazardous Materials: Hazardous materials as defined
in Section 44-146.34, Code of Virginia, 1973, as
amended.
2. Responsibilities of CITY _(,ind rtin jurisdictions as
J.ndicated by an sterisk @.
A. CITY agrees to Level III training as defined, and
proficiency for all team members by having them take
refresher courses and participate in semiannual
drills or exercises developed or sponsored by DES.
B. CITY agrees to provide:
1. A group of 30 persons with Level III training;
2. Necessary response vehicles and equipment, with
adequate garaging and storage therefor and
maintenance thereof in accordance with tlie safety
and operating standards specified by DES;
3. Team response at anytiiiie at tlie request of DES
within 30 minutes of notification. The response
team, to be comprised of at least four Level III
trained personnel, respondiiig to a given iilcident
will be determined by the on-duty team leader
based on incident reqtiirements. The response
team leader will be iii command of all teim
personnel, equipment, ai-,d apparatus and will
-2-
direct all team activities. The team will
operate according to its own standard operating
procedures during a DES requested response;
*4. Access to team equipment and to team training
records by the DES regional hazardous materials
officer (HMO) during normal business hours and
with prior notice to the on-duty team leader.
*5. Base-line medical examinations for all team
members and leaders.
6. Within ten working days following the close of an
incident, an itemized statement of the expenses
incurred for a Level III response, to include
expenses for Chesapeake and Virginia Beach.
Itemized statement shall include:
a. Salaries, wages and fringe benefit costs of
response personnel and other expenses
incurred during a response. Portal-to-portal
time plus three hours for equipmenl: cleanup
is authorized.
b. All salaries and wages associated iiitil
call-back personnel.
C. Costs of repair and replacemeilt of items
consumed or damaged during a respolise, except
vehicles.
d. Costs of operation of hazardous materials
response vehicles and apparatus based on
established costs. (See Appendix C)
C.. CITY will maintain, witli DES financial assistance, a
minimum Level III response equipment inventory as
specified by DES in Appendix D hereto.
D. CITY'S cost share toward this agreement shall be its
investment in equipment, apparatus, and materials on
the date of this agreement.
*E. CITY agrees to comply with U.S. Department of Labor
Occupational Safety and ifealth Administration
-3-
regulations as set forth in 29 CFR, Part 1910.120,
Hazardous Waste Operations and Emergency Response.
3. Responsibilities of DES.
A. DES agrees to provide:
1. All necessary funds, within state budget limits,
to pay its share of the cost of equipment
required to complete and maintain the miniinum
Level III inventory as specified by DES in
Appendix B hereto.
*2. As far as practical, all required Level. III
training within the liampton Roads area and during
the normal on-duty time of the team members.
3. Worker's compensation coverage for resr)onse team
members injured during a Level III response in
accordance with the Worker's Compensati.on Act,
but shall not include any supplement thereto
normally provided to such employees by CITY under
the same or sim"i.ar circumstances.
4. Liability prote(,t-.ion and legal representation to
response persontiel for negligent acts, errors or
ornissions arisiilg from responses.
5. On-scene at a Level III response, a DES IR40,
whether within or without tlie city limits of
Portsmouth. The DES IIMO will provide technical
equipment and advice and act as liaison to the
local agency requesting assistance if outside
Portsmouth.
D. DES agrees to pay CITY no less than an initial
$25,000 upon signing of the agreement, $125,000 prior
'to Juiie 30, 1989, and to pAy $100,000 during the
fiscal year commencing on July 1, 1989. In addition,
DES agrees to fund the CITY into the fourth year,
because of its late entry into the Emergency Response
Program, dependeiit upon availability of funds and
recommendation of the Advisory Council.
C. DES shall request Level III Response Team assistance
in accordance with tlie criteria set forth in Appendix
E hereto.
-4-
D. DES shall reimburse directly to CITY all expenses
incurred during a DES-authorized Level III response
within 60 days following receipt of a DES approved
itemized statement of expenses.
*E. DES agrees to pay the costs of annual Medical
monitoring of team personnel and to pay all costs
associated with examination and treatment for illness
or injury suspected to be caused by or actually
caused by exposure to hazardous materials as a re,ult
of Level III response activities.
*F. DES will reimburse directly to CITY all expenses for
repairing CITY vehicles damaged in the course of
responding to or returning from a DES-initiated
request for assistance provided, however, that DES
reimbursement to CITY shall not exceed the actual
cost of such repairs, or $1,000.00.
4. Use of DES Funds. All funds reimbursed to or passed
Eh-rou-gh-CITY f-r(3m DES pursuant to this agreement shall be
used only to provide for hazardous rnaterials response
program expenses and shall not be used to supplant or
replace funds for any other program or activity,
*5. ReEusal to e ond. CITY reserves the right to refuse to
@, p_
espond i-o a DE@-request for a Level III response if the
CITY'S team is already committed to emergency ac:tivities.
,*6. Service Area. CITY agrees to provide the servir.!es
covered by this agreement within a radius of seventy-five
(75) miles of the Portsmouth city limits, but nc)thiiig
herein shall be construed as proliibitiilg sucli BE-'rvice
outside this area if both parties agree.
7. Termination. This agreement may be terminated by either
par y upon 30 days' written notice thereof to tlie other
party. Upon such termination, DES shall be entitled to
take,possession of all equipment purchased by CITY solely
with funds provided by DES pursuant to this agreement.
Tlie parties sliall effect a reconciliation of identical or
substantially like items of equipment prior to the actual
termination date.
-5-
IN WITNESS WHEREOF, the parties tierl-to have e>(Lcuted this
Agreement upon the date first above written.
-----------------------------------
Coordinator
Department of Emergency Services
Au tsmoulh City cial
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CoffTRACT- ROTRING ItilTIALS/DATE
APPROVEU AS TO PRWRIVI CQNfrjT
6 APPROVED AS TO LEGAL FOR14
t.PPRO'J'-LD AS -iO Fl','A@ICIAL AVITILABI
- 17 -
Item IV-F.4
CONSENT AGENDA ITEM # 30644
Upon motion by Vice Mayor Fentress, seconded by Councilman Balko, City Council
ADOPTED:
Ordinance to authorize the City Manager to apply
for a Virginia Housing Partnership Loan Fund
Reservation for administration of the Multifamily
Rehabilitation and Energy Conservation Loan
Program.
Voting: 10-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, Reba
S. McClanan, John D. Moss, Nancy K. Parker, John L.
Perry and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Abstaining:
Mayor Meyera E. Oberndorf
Council Members Absent:
None
Mayor Meyera E. Oberndorf ABSTAINED as she possesses Virginia Housing and
Redevelopment Authority Bonds in the amount necessary to be disclosed.
*Councilwoman Reba S. McClanan DISCLOSED she possesses Virginia Housing and
Redevelopment Authority Bonds but this will not inhibit her ability to vote in
an objective manner.
ORDINANCE TO AUTHORIZE THE CITY MANAGER
TO APPLY FOR A VIRGINIA HOUSING PARTNERSHIP
LOAN FUND RESERVATION FOR ADMINISTRATION
OF THE MULTIFAMILY REHABILITATION AND
ENERGY CONSERVATION LOAN PROGRAM
WHEREAS, the Commonwealth of Virginia has established the
Virginia Housing Partnership Fund to encourage the improvement of
housing opportunities for low-income Virginians; and
WHEREAS, the Virginia Department of Housing and Community
Development has announced the availabili.ty of and requested
applications for loan fund reservati.ons for Virginia Housing
Partnership funds to be used for multi.family rehabill.tation and
energy conservati.on loans, and,
WHEREAS, such loan funds can be used to provide low interest
rate multifamily rqhabilitation and energy conservation loans for
the benefit of low and moderate income residents of Virginia
Beach; and
WHEREAS, an application for such loan fund reservation has
been prepared by the Department of Housing and Community
Development, and
WHEREAS, the City of Virginia Beach agrees to administer a
program to provide such loans to eligible residents in
conformance with the regulations and guidelines of this State
housing program;
Now, therefore, be it ordained that the Council of the City
of Virginia Beach authorizes the City Manager to apply for a loan
fund reservati.on for administration of the Multifamily
Rehabilitation and Energy Conservati.on Loan Program;
Adopted by the Council of the City of Virginia Beach on the Seventeenth
day of January 1989.
API?ROV_ED AS TO FORM
r
Community Development
- 18 -
Item IV-F.5
CONSENT AGENDA ITEM # 30645
Upon motion by Vice Mayor Fentress, seconded by Councilman Balko, City Council
APPROVED UPON FIRST READING:
Ordinance to APPROPRIATE $8,550 from the Division
of Litter Control to the Clean Community Program.
Voting: 10-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, Reba
S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf,
John L. Perry and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Abstaining:
Nancy K. Parker
Council Members Absent:
None
Councilwoman Nancy K. Parker ABSTAINED as she is a Member of the Clean
Community Commission
Councilwoman Reba S. McCianan DISCLOSED she is an advisory Member of the Clean
Community Commission but this will not inhibit her ability to vote in an
objective manner.
z
0
ti >-
0 TO $8,550 NM THE
DIVISION OF IXrl'fR L TO TM
< PRDGPAN
Council of the City of Virginia Beach recc)gnizes
CL
ittp-r problem within the City, and
the Litter Control Act of 1976 provides the
De t of Waste Manag@t, Division of Litter control, grants for the
purpose of enbancing local litter control programs, and
, the Virginia Beadi Clean ty Program is in its
eleventh year of funding under this prograin.
a slipplemental grant in the amount of $8,550 is available
for the Clean Comminity in the City of Virginia Beach bY the
DeparbTient of Waste Manag@t, Division of Litter OC)ntrol, and
WHEREAS, this funding shall be used for Clean C=Mity Program
activities for the rema@er of the fiscal year.
NC)W, BE 1T BY TM OF TM CM OF
BEACH that $8,550 is hereby appropriated for an expansion of the
clean ty within the city, and
EE Tr FuRn= that revenue fran the Cmmnwealth be
increased by $8,550.
,Ihis ordinance shall be effective frcm the date of its adoption.
Adcpted by the Council of the City of Vi@inia Beach, Virginia on
the day of , 1988.
January 17, 1989
F= READING:
SECC)ND @ING:
- 19 -
Item IV-F.6
CONSENT AGENDA ITEM # 30646
Upon motion by Vice Mayor Fentress, seconded by couricilman Balko, City Council
ADOPTED:
Ordinance to TRANSFER $60,000 from Project #4-932
Munden Point Bulkheading Phase I to Project #4-940
Lynnhaven Municipal Marina to complete repair work.
Voting: 11-0
Council members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, Reba
s. McCianan, John D. moss, Mayor Meyera E. Oberndorf,
Nancy K. Parker, John L. Perry and William D.
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
AN ORD M TRANSFER $60,000 FRC[4
#4-932 POIRR I TO
#4-940 LYNNRAVEN NMC3:PAL @ TO @AIR WC)RK
WHEREAS, the Lynrihaven Municipal Marina was closed for repairs on
J 1, 1987, and
, the original estimted cost of those repairs was $1,374,200,
and was reduced to $1,174,200, due to favorable construction bids, and
WHEFZEAS, there were scme unanticipated prx)blenis with the project which
r,equired additional work costirxg $60,000, and
WBEREAS, there is $60,000 available in project #4-932 Munden Point
Bulkheading Phase I to transfer due to the ccnpletion of the project.
NOW RE BE IT ORDA= BY THE = OC)UNCIL OF TBE CITY OF
@INIA BEACH, that funds in the amunt of $60,000 be transferred frcrn Capital
Iinprav@ts Project # 4-932 @en Point Bulkheading I to Project # 4-940
Lynnhaven Municipal Marina to complete repair work.
'Ihis ordinance shall be in effect frurn the date of its adoption.
Adopted by the Council of the City of Virrjinia Beach, Virginia on the
17 day of January 1989.
- 20 -
Item IV-F.7
CONSENT AGENDA ITEM # 30647
Upon motion by Vice Mayor Fentress, seconded by Councilman Balko, City Council
ADOPTED:
Ordinance to TRANSFER $30,722 from the Water and
Sewer Fund Reserve for Contingencies to the Water
Distribution Operating Budget to cover costs of
emergency roadway repairs.
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, Reba
S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf,
Nancy K. Parker, John L. Perry and William D.
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
AN ORDINANCE TO TRANSFER $30,722 FROM THE WATER AND SEWER
FUND RESEPVE F'OR CONTINGENCIES TO THE WATEP DISTRIBUTION
OPERATING BUDGET TO COVER COSTS OF EMERGENGY ROADWAY REPAIRS
WHEREAS, one of the responsibilities of the Water Distribution budget unit
of the Public Utilities Department is to insure the distribution of water to all
citizens connected to the city's water system, and
WHEREAS, on September 2, 1988, a 12" water main broke under Princess Anne
Road requiring repairs to the water main by the Department of Public Utilities
and $30,722 in repair costs to the roadway by an outside contractor, and
WHERF,AS, the $30,722 was a nonprogrammed expenditure resulting in the need
to transfer $30,722 from Water and Sewer Reserve for Contingencies to the Water
Distribution Operating Budget.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA, that $30,722 be hereby transferred from the Water and Sewer Fund
Reserve for Contingencies to the Water Distribution Operating Budget to cover the
cost of emergency roadway repairs.
This ordinance shall be effective from the date of its adoption.
Adopted by the Council of the City of Virginia Beach, Virginia on the
17 , day of January 1989.
APP' @OVED A@, TO CONTIIIT
- 21 -
Item IV-F.8
CONSENT AGENDA ITEM # 30648
Upon motion by Vice Mayor Fentress, seconded by Councilman Balko, City Council
APPROVED:
LOW BIDS
REA Construction Company in the amount of
$1,798,947.67 for Ferrell Parkway Phase IC (CIP 2-
063).
Chesapeake Bay Contractors, Inc. in the amount of
$131,220.25 for Shipps Corner Road Water Main (CIP
5-622).
Dorey Electric Company in the amount of $38,691.70
for Traffic Signal at the intersection of
Northampton Boulevard and Burton Station (CIP 2-
925).
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, Reba
S. McCianan, John D. Moss, Mayor Meyera E. Oberndorf,
Nancy K. Parker, John L. Perry and William D.
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
- 22 -
Item IV-F.9
CONSENT AGENDA ITEM # 30649
Upon motion by Vice Mayor Fentress, seconded by Councilman Balko, City Council
APPROVED:
Cost Participatlon Agreements
Independence Boulevard/Salem Canal
at Glenwood Subdivision Bridge $693,072.00
Chesapeake Landing Apartments Sewer $ 9,187.50
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, Reba
S. McCianan, John D. Moss, Mayor Meyera E. Oberndorf,
Nancy K. Parker, John L. Perry and William D.
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
COST SHARING AGREEMENT
SALEM CANAL BRIDGE AT GLENWOOD
THIS AGREEMENT, made this - day of october, 1988 by
and between R.G. MOORE BUILDING CORPORATION, hereinafter referred
to as the "Owner", party of the first part, and the CITY OF
VIRGINIA BEACH, a municipal corporation of the commonwealth of
Virginia, hereinafter referred to as the "City", party of the
second part.
WHEREAS, the Owner is the developer of a tract of land
in the Borough of Kempsville, City of Virginia Beach, Virginia,
commonly known and designated as the Subdivision of Glenwood; and
WHEREAS, a portion of the Salem Canal is located within
the Subdivision of Glenwood; and
WHEREAS, the City desires that a bridge be constructed
across the Salem Canal in conjunction with Independence Boulevard
within Glenwood to improve traffic flow in the subdivision; and
WHEREAS, the City and the owner are willing to
participate in the cost for the design and construction of said
bridge, approach slabs, approach fill and other related
improvements subject to the following terms and conditions;
NOW, THEREFORE, THIS AGREEMENT WITNESSETH: That for and
in consideration of the premises and the mutual covenants and
undertakings of the parties of this Agreement, the parties hereto
mutually agree each with the other as follows:
1. The Owner agrees to perform, or cause to be
performed, such engineering, surveying, clearing, grading, street
and bridge improvements as ray be necessary to construct the
bridge across the Salem canal as shown on plans entitled
"Construction Plans for Independence Boulevard from Sta- 15+00 to
Salem Road" prepared by Talbot & Associates, Ltd. and approved by
the Engineering Division of the Department of Public Works of the
city of Virginia Beach (hereinafter referred to as the "City
Engineer"). All references herein to the bridge are to the bridge
shown in the aforesaid plans.
2. The Owner agrees to obtain all necessary Federal,
state, and local permits which may be required for the
construction of the bridge, and the City agrees to assist the
owner in obtaining all such permits. The cost of obtaining any of
said permits shall be considered a cost of the project.
3. To facilitate the construction of said bridge as
hereinbefore described, the Owner has dedicated, or agrees to
dedicate, to the City the necessary right-of-way for said bridge.
4. The Owner agrees to cause the contractor, as a part
of the contract to construct the bridge and related improvements,
to furnish a payment bond in the amount of the contract for the
work covered by this Agreement and a defect bond in an amount
equal to ten percent (10%) of the contract for the work. A
performance bond may also be required prior to execution of this
Agreement. Such bonds shall be with corporate surety, letter of
credit, or other security approved by the City Attorney. costs
for said bonds, letters of credit or other securities shall be
considered a cost of the project.
2
5. The Owner shall complete the construction of the
bridge in accordance with the construction plans within twenty-
four (24) months after obtaining all necessary permits.
6. The City and the owner agree that the total
estimated cost for the construction of the bridge approach and the
bridge structure is $1,003,800.00 based on the quantities and unit
prices shown on "Exhibit B" subject to modification as herein
described.
7. The Owner agrees that with respect to the bridge
approach and bridge structure it will, at its cost and expense,
bear the first $310,728.00 of cost and the City agrees that it
will pay the estimated balance of $693,072.00 based on estimated
quantities and unit prices as on "Exhibit A and B". The cost of
any change mutually agreed to by the owner and the City shall be
born by both parties based on their pro rata portions of the total
cost referenced above. When a change is made unilaterally, the
party requesting the change shall be responsible for the full cost
of the change.
S. After expending its share of the first costs, the
Owner will submit a monthly requisition for the quantity of work
performed. Such requisition shall be certified as to its accuracy
by Talbot & Associates, Ltd. (or such other Professional Engineer
certified by the State of Virginia as may be selected by the
Owner) and the City's assigned Inspector who will monitor the
progress of the work and verify all quantities and construction
items for payment. Payment shall be made by the City within
3
thirty (30) days after receipt of the requisitions which has been
properly verified and approved.
9. The owner agrees that it will, at its cost, install
the street tie to the approach slab for the bridge as required by
and approved by the City Engineer.
10. The Owner agrees that after completion of the work,
title in the bridge shall be vested in the City and that the owner
shall have no claiin or ownership interest therein.
11. The City agrees that after completion of the work
and before said bridge is opened to the public, such improvements
shall become a part of the City's street system and the City shall
thereafter be responsible for the maintenance and repair of such
improvements.
12. It is further understood and agreed by the parties
hereto that this agreement shall be construed, interpreted and
applied according to the laws of the Commonwealth of Virginia, and
shall be binding upon the heirs, personal representatives,
executors, devisees, and administrators, successors, grantees, and
assigns of the parties hereto.
IN WITNESS WHEREOF, R.G. MOORE BUILDING CORPORATION has
caused its name to be hereunto signed by R.G. Moore, its
President, and the CITY OF VIRGINIA BEACH, a municipal corporation
of the Commonwealth of Virginia, has caused its name to be
hereunto signed by its City Manager and attested by the City
4
Clerk, duly authorized.
R.G. MOORE BUILDIMG CORPORATION,
By:
R.G. Moore, President
CITY OF VIRGINIA BEACH,
By:
Aubrey V. Watts, C ty Manager
ATTEST:
(SEAL)
Ruth Hodges Smith, City Clerk
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
I, a Notary Public in
and for the State of Virginia, do hereby certify that R.G. Moore,
President of R.G. Moore Building Corporation, whose name as such
is signed to the foregoing writing, bearing date on the day
of October, 1988, has acknowledged the same before me in aid City
and State aforesaid.
GIVEN under the hand this day of october, 1988.
Notary Public
My Commission Expires:
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
I, a Notary Public in
and for the State of Virginia, do hereby certify that Aubrey V.
Watts, City Manager of the City of Virginia Beach, whose name as
such is signed to the foregoing writing, bearing date on the
day of October, 1988, has acknowledged the same before me in said
City and State aforesaid.
5
GIVEN under the hand this - day of october, 1988.
Notary Pu ic
My Commission Expires:
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
I, a Notary Public in
and for the State of Virginla, co nereby certify that Ruth Hodges
Smith, City Clerk of the City of Virginia Beach, whose name as
such is signed to the foregoing writing, bearing date on the
day of October, 198s, has acknowledged the same before ine in said
City and State aforesaid.
GIVEN under the hand this day of october, 1988.
Notary Public
my commission Expires:
sks/docs/rg.glen-sc
6
EXIIIBIT A and B ra
Tal@&@iatmUd.
OST ESTIMATE A@ 1.@@
PI(@, Of
@O 84417 D@if 5 88 .1@-Cl@ll @ID @l- C DESIGN
R.G. re Bld - Corl). IROJ,,, Gleri oo(I-Bri@--- RY DESIGN
(IN
ILCT
EM DESCRIPTION Q(JANTITY UNI 10TAL COST FCII-ll
ULTIMATE BRIDGE & APPROACIIES - -
(EAiibiL.A - - OC)3, 00
- ---
DEVELOPER -
BRIDGE CROSSITC OF EXI -
(Exhibit B - -728-
-
CII'Y OF VIRGINIA BEA(li PARTICIPATIOI 00
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
Talbot& A&@iate&Ltd.
ST ESTIMATE E)ailBl'i' "A"
p@G, 0, 5
0 84417 DATE 5 88 81 m Cl@EC@t@ @' - C DESIG,14
,Ienw@- r@idg@
G. Moore Bld @rp@pRo,ccf C
cl Ultiniate Br
m DESCRIPTION QUANIIIY I)NI TOIAL COST
BRIDGE APPROACII FIL,L: ---
Select Fill- CY - 8 160 M-
,ill 4,280 SY - 2 -00 8 560 C)O
Slopes
BRIDGE STRU -
3. Mobilization I o@o - 00
450 @ (X)- 00
300 -M- 00
Reinforcin Steel 36 608 B@ _ _ 45 6 474
_
7. Reinfo St 4 719 LB _ _ _L2 _ _L 342 00
Structure Excavation i 102 Cy- - 1 5 CX)- 1 30
s 9 500 LF - 20 00 190 OC)O 00
0 .Prestressed Conc. Piles, 1_920_ ii--_ 2@ 00 51 -@ 840 00-
2 EA 5 500 00 11 000 00
72 CY - io (X) 720 00-
Porous Fill 139 CY - 35 00 4 865 00
420 CY @4 8@O
4. -
5. 6" Diamter Underdrain 209 LF - 8 00 1 672 00
6. Aluminum Raili@ 240 I-F - 92 - 00 22 080 00
7. Concrete @ian 120 I-F - 1,20 00 i4 400 00
18. Deck Water-proofinp (Class 1) 977 SY - 16 00 15 632 00
19. Elast@ric Bearing Pads 228 EA - 8 00 1 824 (X)
Continued --- --
-
Talbot&@iatmW.
ST ESTIMATE
,.,;E o,
.0@ D.,[ el-(,,Ec.fo 81- N
T PR.IEC@ EINAI [)[Si(,N
ECI - OTliER
m DESCRIPTION QUANTITY I TO] AL COS I Fc 1
-
0 PrecasL-Prestressed Slab Sections -
d -j78 @00 )@O _
(31" wide x 21" deep x 40 o 6
Misc. Struc. Steel for Util.ity Sup., 2,100 1 260 00
@04 @O
ENGINEERIIC & SURVEYIW 50 980
II D
for 2 yE
45 200
(5%+ Const. CosLs)
ra
OST ESTIMATE EMIIBIT "B" Talba&@ia@W.
,,,;L 0, 5
@O 4417 D@TE /88 By I .,_ DESIGN
G. Mc)ore Bld . Corn. I'@o;ic@G enwood Bridp-e RY I)ESIC-IN
ECT Bridg N
m DESCRIPTION QLJANTITY UNII IOTAL (-OST
DIREGF CONS'FRUCFION - --
BRIDGE APPROA(li: -- --
1 Select Fill _7 5 O@ CY 8 C)O 0 640 00
_ -
Slopes 1 720 @Y - 2 00_ 4zo
----
BR@E Su@U=E:
--- -
I LS @3 500 @O_ 13 @00 @O
Concrete, Cl.ass A-3 - ?75 M-@@@
Reinforcing SLeel 20 288 LB 45 9 130 00
Structure Excavatlon 50 Cy 5 )o
_ _ @ 250 00
Prestressed G LF - 20 00- 72 @oo 00
8 Pile Load TFst 1 EA 5 500 00 - 5 500 00
154 CY - 10 00- 1 540 -00
10@ Porous Fil,l 61 CY 35 00 2 135 00
---
11 Concrete 100 CY - 154 00 15 400 00
12 6" Di@ter Under Drain 120 LF - 800 960 00
13 crete F 02 @F - 60 00 20
0
14 Deck Waterproofing 132 SY 16 00 2 112 00
310
16 Precast-Prestressed Slab Sections
(4' x 2111 x 431-011 Section) 8 EA 3 300 O() 26 400 00
CONSTRU(,TION '274 012 00
IGI
Talbot&@@Ltd.
OST ESTIMATE
5 -
- DESIGN
P EL tiINARY DESIGN
NI IROIICT - FINA[. DESIGN
JECT OTliER
m DESCRIPTION QLJANTITY (INIT ()Nil COST TOTAL COST FCHII
- - -
ENGI@ING & SLTRVEYING - - - - 16 440 QO-
T)WFP@ @m - - -, - @ 9@6 00
(1(f/. Const. @ ZI. for 2 years)
- - ----
CITY INSPECRIONS (ZI Const. Costs) - - - 480 00
_ ___ _@@nn
------
------
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-
-
-
-
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-
-
-
-
-
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4SADDLEBR IOK CT 2 ALASKA C
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0
AN ORDINANCE TO AUTHORIZE AND DIRECT
THE CITY MANAGER TO EXECUTE A COST
PARTICIPATION AGREEMENT
WHEREAS, Occidental Development, Ltd. is developing
C,
certain property in the Princess Anne Borough in accordance with
the terms and conditions of city ordinances, and
WHEREAS, in order for the developer to provide sewer
service to this project, it is necessary for the developer to
construct certain sewer facilities, and
WHEREAS, the city has requested that the developer
oversize the sewer system to serve the surrounding area, and
WHEREAS, such construction is beyond the scope of the
developer's project but will provide for future city needs and
will prevent the city from incurring additional costs at a later
date, and
WHEREAS, the city desires to enter into a cost
participation agreement with the city's share of the costs at
$9,188 with such costs to be charged to capital project 6-316
Various Sewer Projects.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE
CITY OF VIRGINIA BEACH, VIRGINIA that the City Manager is hereby
authorized and directed to enter into a cost participation
agreement with Occidental Development, Ltd. for construction of
certain sewer facilities. Said proposed agreement is hereby
approved and attached.
This ordinance shall be effective from the date of its
adoption.
Adopted by the Council of the City of Virginia Beach,
Virginia on the - 17 day of January 1989.
IN
LANDI
OWDER RIDGE CT
OFF-SITE SEWER
BENEFIT AREA
Ti r
Community
EXHIBIT SHOWING CHESAPEAKE
LANDING AP S AND THE
oFF-siTE SEWER BENEFIT AREA
SGM
12/15/88
H9-65
CHESAPEAKE LANDING APARTMENTS
SEWER COST PARTICIPATION AGREEMENT
COST BENEFIT ANALYSIS
h 9-65
Sewer
City cost peT- agreemerit S 9,187.50
City cost without the agreement $213,771.00
City cost savings $204,583.50
Assumptions
1. Maintenance of one additional sewer pump station and 600
feet of force main for a 30 year period.
Annual maintenance cost currently $9,279/pump station.
Annual maintenance cost of force main is currently $361/1000
feet.
Maintenance cost increases 5% per year.
Time value of money 8% per year.
2. Revenue from pro rata pump station fees will be realized in
two years.
Maintenance cost savings will begin in two years.
3. Present Value (PV) of avoided maintenance costs
PV = $181,271.00
4. Present Value of pump station pro rata fees
PV = $32,500.00
5. Total PV of avoided maintenance costs and pro rata fees
PV = $213,771.00
6. Cost savings to City
$213,771.00 - $9,187.50 = $204,583.50
SGM:mc
12/27/88
(H 9-65)
CITY OF VIRGINIA BEACH
DEPARTMENT OF PUBLIC UTILITIES
COST PARTICIPATION AGREEMENT (SEWER)
THIS AGREEMENT, Made this /, rlx day of 1988, by and
between Occidental Development, Ltd. hereinafter
referred to as "Owner", and the CITY OF VIRGINIA BEACH, VIRGINIA,
hereinafter referred to as the "City".
WHEREAS, Owner is seized in fee simple of 40.3+/- Acres of Land Fronting
on Holland Road and Shipps Corner Road ; and
WHEREAS, Owner is desirous of improving the Project in accordance
with the terms and conditions of the City ordinances and agrees to conform
to said ordinances; and
WHEREAS, in order for Owner to provide sewer service to this Project,
it is necessary for Owner to construct certain sewer facilities; and
WHEREAS, the City has requested that such construction be greater in
scope than is necessary to provide service to this Project; and
WHEREAS, such construction is of value to the City in providing
service to customers other than those within the Project limits;
NOW, THEREFORE, in consideration of the mutual promises and benefits
accruing hereto, the parties agree that:
1. Owner shall construct a sewer system (hereinafter the "System")
according to plans and specifications approved by the Department of Public
Utilities, a copy of which is an file with the Department.
2. The City shall make cash payment to Owner in the amount of
Nine thousand one hundred eighty seven dollars and fifty cents
($9,187.50)* after successful completion of the
System and acceptance thereof by the City in accordance with approved plans.
*$5,000.00 FOR PUMP STATION + $4,187.50 FOR FORCE MAIN DIFFERENTIAL = $9,187.50
3. The City shall have the right at any time to make, connect, or
permit the connection of any other sewer facility to the System. Any such
connection may be at any point, and the City shall have the right at any
time to use the System to serve persons within and Without the Project
limits.
4. Upon successful completion of the System and acceptance thereof
by the City, Owner hereby agrees that the System, including but not limited
to sewer connections, sewer mains, laterals, pipes, and all other
facilities, shall be deemed dedicated to the City of Virginia Beach as of
the date of the City's written acceptance thereof.
5. Owner shall indemnify and hold the City harmless from any and
all liability of whatever nature arising out of the design, approval,
construction and/or installation of the System. In the event any claim is
made against the City, either independently or jointly with Owner, lessee,
or purchaser on account hereof, the Owner at its sole cost shall defend the
City against such claims.
6. This Agreement shall inure to the benefit of and be binding upon
the parties hereto and their respective heirs, successors and assigns.
7. Upon execution of this Agreement, it shall be recorded by the
City in the Clerk's Office of the Circuit Court of the City of Virginia
Beach, at Owner's expense.
IN WITNESS WHEREOF, the parties hereto have executed and sealed
this Agreement as of the day and year first above written.
CITY OF VIRGINIA BEACH, VIRGINIA
Manager)
DATE
ATTEST:
OCCIDENTAL DEVELOPMENT, LTD.
(SEAL) A Mic P;Zhip
City Clerk
BY
Sheldon Rose, General Partner
DATE
ATTEST:
(SEAL)
APPROVED AS TO CONTENT@;
, I -i
'la @ /, l@ee
Dicartment of PubLfc Utilities
APPROVED AS TO FORM:
City Attorney's Office
CERTIFIED AS TO AVAILABILITY OF FUNDS:
Department of Finance
3
STATE OF
a Notary Public in and for the Cit@-
and State aforesaid, do hereby certify that Sheldon Rose
x-xxxxxxxxxxxxxx XXXYXX@, General Partner of
OCCIDENTAL DEVELOP T LTD.whose name is signed to the writing above,
bearing date of has acknowledged the same before me in my
State aforesaid.
Given under my hand this day of 1988.
My Commission Expires '41,11,
"WO c
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit;
The foregoing instrument was acknowledged before me by
and Ruth Hodges Smith, the City Manager
and City Clerk, respectively, of the City of Virginia Beach, ttlis
day of 1988.
Notary Public
My Commission Expires:
1/88
4
E-0410
INTER-OFFICE CORRESPONDENCE
January 10, 1989
TO: Charles J. Jeckell, PU/Engineering
FROM: Richard Lester, Finance/Comptroller's Office
SUBJECT: Funding Review of Letter Requesting Certification for
CIP 6316 (Chesapeake Landing Apartments)
The current unencumbered balance of CIP 6316 is
$358,053.64. Certification of funding availability has been
approved in the amount of $9,187.50.
&U contracts to be funded from the dollar amount certified
in the attached letter should reference the number E-0410.
RL/mc
4446 20060 09220 6316 $9,187.50
CERTt,fD AS TO AYAILAE;L4Ty OF EUNDS
C;ty
CITY OF VIRGINIA BEACH
DEPARTMENT OF PUBLIC UTILITIES
COST PARTICIPATION AGREEMENT (SEWER)
THIS AGREEMENT, Made this @ -Ie day of 1988, by and
between Occidental Developments, Ltd. hereinafter
referred to as "Owner", and the CITY OF VIRGINIA BEACH, VIRGINIA,
hereinafter referred to as the "City".
WHEREAS, Owner is seized in fee simple of 40.3+/- Acres of Land
Fronting on Holland Road and Shipps Corner Road ; and
WHEREAS, Owner is desirous of improving the Project in accordance
with the terms and conditions of the City ordinances and agrees to conform
to said ordinances; and
WHEREAS, in order for Owner to provide sewer service to this Project,
it is necessary for Owner to construct certain sewer facilities; and
WHEREAS, the City has requested that such construction be greater in
scope than is necessary to provide service to this Project; and
WHEREAS, such construction is of value to the City in providing
service to customers other than those within the Project limits;
NOW, THEREFORE, in consideration of the mutual promise5 and benefits
accruing hereto, the parties agree that:
1. Owner shall construct a sewer system (hereinafter the "System")
according to plans and specifications approved by the Department of Public
Utilities, a copy of which is on file with the Department.
2. The City shall make cash payment to Owner in the amount of
Nine Thousand One Hundred Eight-Seven Dollars and Fifty Cents
($9,187.50)* after successful completion of the
System and acceptance thereof by the City in accordance with approved plans.
$5,000.00 FOR PUMP STATION + $4,187.50 FOR FORCE MAIN DIFFERENTIAL = $9,187.50
3. The City shall have the right at any time to make, connect, or
permit the connection of any other sewer facility to the System. Any such
connection may be at any point, and the City shall have the right at any
time to use the System to serve persons within and without the Project
limits.
4. Upon successful completion of the System and acceptance thereof
by the City, Owner hereby agrees that the System, including but not limited
to sewer connections, sewer mains, laterals, pipes, and all other
facilities, shall be deemed dedicated to the City of Virginia Beach as of
the date of the City'5 written acceptance thereof.
5. Owner shall indemnify and hold the City harmless from any and
all liability of whatever nature arising out of the design, approval,
construction and/or installation of the System. In the event any claim is
made against the City, either independently or jointly with Owner, lessee,
or purchaser on account hereof, the Owner at its sole cost shall defend the
City against such claims.
6. This Agreement shall inure to thL benefit of and be binding upon
the parties hereto and their respective heirs, successors and assigns.
7. Upon execution of this Agreement, it shall be recorded by the
City in the Clerk's Office of the Circuit Court of the City of Virginia
Beach, at Owner's expense.
2
IN WITNESS WHEREOF, the parties hereto have executed and sealed
this Agreement as of the day and year first above written.
CITY OF VIRGINIA BEACH, VIRGINIA
anager)
DATE
ATTEST:
OCCIDENTAL DEVELOPMENT, LTD.
(SEAL) A Michigan Limited P tnership
City Clerk BYZY4
Sheldon Rose, General Partner
DATE
ATTEST:
(SEAL)
APPROVED AS TO CONTENTS:
Z
DeKartment of Pufs1ic Utiliti@
APPROVED AS TO FORM:
City Attorney's Office
CERTIFIED AS TO AVAILABILITY OF FUNDS:
Department of Finance,-4,@)
STATE OF -"A),4
@."ry
@OF @OA
11 /), i @esOA) , a Notary Public in and for the rify
and State aforesaid, do hereby certify that Sheldon Rose
xxxxxxxxxxxxxxxxxxxxxXXXXXXXY-XXX I General Partner of
OCCIDENTAL DEVELOPMFNT, LTI)ihose name is signed to the writing above,
bearing date of has acknowledged the same before me in my
and State aforesaid.
Given under my hand this day of 1988.
My Commission Expires
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
The foregoing instrument was acknowledged before me by
and Ruth Hodges Smith, the City Manager
and City Clerk, respectively, of the City of Virginia Beach, this
day of 1988.
Notary Public
My Commission Expires:
1/BB
4
CITY OF VIRGINIA BEACH
DEPARTMENT OF PUBLIC UTILITIES
COST PARTICIPATION AGREEMENT (SEWER)
THIS AGREEMENT, Made this day of 1988, by and
between Occidental Development, Ltd. hereinafter
referred to as "Owner", and the CITY OF VIRGINIA BEACH, VIRGINIA,
hereinafter referred to as the "City".
WHEREAS, Owner is seized in fee simple of 40.3+ Acres of Land
Fronting on Holland Road and Shipps Corner Road ; and
WHEREAS, Owner is desirous of improving the Project in accordance
with the terms and conditions of the City ordinances and agrees to conform
to said ordinances; and
WHEREAS, in order for Owner to provide sewer service to this Project,
it is necessary for Owner to construct certain sewer facilities; and
WHEREAS, the City has requested that 5uch construction be greater in
scope than is nece5sary to provide service to this Project; and
WHEREAS, such construction is of value to the City in providing
service to customers other than those within the Project limits;
NOW, THEREFORE, in consideration of the mutual promises and benefits
accruing hereto, the parties agree that:
1. Owner shall con5truct a sewer system (hereinafter the "System")
according to plans and specifications approved by the Department of Public
Utilities, a CDPY of which is on file with the Department.
2. The City shall make cash payment to Owner in the amount of
Nine Thousand One Hundred Eight-Seven Dollars and Fifty Cents
($9,187.50)* after successful completion of the
System and acceptance thlreof by the City in accordance with approved plans.
$5,000.00 FOR PUMP STATION + $4,187.50 FOR FORCE MAIN DIFFERENTIAL = $9,187.50
1
3. The City shall have the right at any time to make, connect, or
permit the connection of any other sewer facility to the System. Any such
connection may be at any point, and the City shall have the right at any
time to use the System to serve persons within and without the Project
limits.
4. Upon successful completion of the System and acceptance thereof
by the City, Owner hereby agrees that the System, including but not limited
to sewer connections, sewer mains, laterals, pipes, and all other
facilities, shall be deemed dedicated to the City of Virginia Beach as of
the date of the City's written acceptance thereof.
5. Owner shall indemnify and hold the City harmless from any and
all liability of whatever nature arising out of the design, approval,
construction and/or installation of the System. In the event any claim is
made against the City, either independently or jointly with Owner, lessee,
or purchaser on account hereof, the Owner at its sole cost shall dfend the
City against such claims.
6. This Agreement shall inure to the benefit of and be binding upon
the parties hereto and their respective heirs, successors and assigns.
7. Upon execution of this Agreement, it shall be recorded by the
City in the Clerk's Office of the Circuit Court Of the City of Virginia
Beach, at Owner's expense.
2
IN WITNESS WHEREOF, the parties hereto have executed and sealed
this Agreement as of the day and year first above written.
CITY OF VIRGINIA BEACH, VIRGINIA
ity M.,,ager)
DATE
ATTEST:
OCCIDENTAL DEVELOPMENT, LTD.
(SEAL) A Michigan Limite rsh p
City Clerk
BY
Sheldon Rose, General Partner
DATE
ATTEST:
(SEAL)
APPROVED AS TO CONTENTS:
Deoartment of Pub)4c Utilities
APPROVED AS TO FORM:
City Attorney's Office
CERTIFIED AS TO AVAILABILITY OF FUNDS:
Department of Finance(R,,)
3
STATE OF
7- y
OF @AXinA)
t@CoA) a Notary Public in and for the
and State aforesaid, do hereby certify that Sheldon Rose
XXX.XXXXXX.XXXXXXXYXXxxxxxxxx-xxxx I General Partner of
OCCIDENTAL DEVELOPMENT, LTDwhose name is signed to the writing above,
bearing date of has acknowledged the same before me in my
7y
and State aforesaid.
Given under my hand this day of 1988.
My Commission Expires -Z-?' /'P&
7
ic
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
The foregoing instrument was acknowledged before me by
and Ruth Hodges Smith, the City Manager
and City Clerk, respectively, of the City of Virginia Beach, this
day of 1988.
Notary Public
My Commission Expires:
I/BB
4
- 23 -
Item IV-F.10
CONSENT AGENDA ITEM # 30650
Upon motion by Vice Mayor Fentress, seconded by Councilman Balko, City Council
APPROVED:
BINGO/RAFFLE PERMITS
Bayside Jr. High Band Parents Association Bingo/Raffle
Beth Chaverim Reform Temple of Virginia Beach Bingo
Central Business District Association
of Virginia Beach Raffie
Hampton Roads Youth Hockey Bingo
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, Reba
S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf,
Nancy K. Parker, John L. Perry and William D.
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
- 24 -
Item IV-F.11
CONSENT AGENDA ITEM # 30651
Upon motion by Vice Mayor Fentress, seconded by Councilman Balko, City Council
APPROVED:
CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY
Smythe, Dunham and George Taxicabs
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, Reba
S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf,
Nancy K. Parker, John L. Perry and William D.
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
- 25 -
item IV-F.12
CONSENT AGENDA ITEM # 30652
Upon motion by Vice Mayor Fentress, seconded by Councilman Balko, City Council
ADOPTED:
OrdinancE, authorizing tax refunds in the amount of
$5,969.48 upon application of certain persons and
upon certification of the City Treasurer for
Payment.
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, Reba
S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf,
Nancy K. Parker, John L. Perry and William D.
Sessoms, Jr.
Council Members Voting Nay-.
None
Council Members Absent:
None
ORM NO. C.A. 7 1 2/27/88
AN ORDINANCE AUTHORIZING TAX REFUNDS
UPON APPLICATION OF CERTAIN PERSONS
AND UPON CERTIFICATION OF THE TREASURER
FOR PAYMENT
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for tax refunds upon certification of the Treasurer are hereby approved:
NAME Tax Type Ticket Exoners- Date Penalty lnt. Total
Year of Tax Number tion No. Paid
Salem Meadows Assoc Inc 89 RE(I/Z) 97365-9 12/5/88 $ 22.88
through each
114 bills 97480-9
total
(Exclusive of
97376-6 and
97473-8)
114 bills @$22.88 Total $2,379.52
This ordinance shall be effective from date of adopt'lon.
The above abatement(s) totaling
$ 2, 37"- were approved by
the Gotincil of the City of Virginia
Beach on the-17 day of J,n,,,ry- .1989
Treasurer
Approved as to form:
Ruth Hodges Smith
City Clerk
y Attornc
FORM NO. C.A. 7 12/22/88
AN OMOINANCI! AUTHOMIZING TAX MEFUNDS
UPON APPLICATION P crnTAIN PPngoNg
AND UPON CERTIFICATION OF THE TREASURER
FOR PAYMENT
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for tax refunds upon certification of the Treasurer are hereby approved:
NAME Tax Type Ticket Exonera- D ate Penalty Int. Total
Year of Tax Number tion No. Paid
Thomas L & Gracie Haynes 89 RE(1/2) 47779-4 12/5/88 68.63
DeMille Homes Inc 89 RE(]/2) 27976-7 12/5/88 22.88
DeMille Homes Inc 89 RE(1/2) 27977-6 12/5/88 22.88
DeMille Homes Inc 89 RE(1/2) 27979-4 12/5/88 22.88
DeMille Homes Inc 89 RE(1/2) 27951-6 12/5/88 22.88
DeMille Homes Inc 89 RE(1/2) 27964-1 12/5/88 22.88
DeMille Homes Inc 89 RE(]/2) 27965-0 12/5/88 22.88
DeMille Homes Inc 89 RE(I/Z) 27966-9 12/5/88 22.88
DeMille Homes Inc 89 RE(1/2) 27968-7 12/5/88 22.88
DeMille Homes Inc 89 RE(1/2) 27969-6 12/5/88 22.88
DeMille Homes Inc 89 RE(1/2) 27970-3 12/5/88 22.88
DeMille Homes Inc 89 RE(1/2) 27971-2 12/5/88 22.88
DeMille Homes Inc 89 RE(1/2) 27972-1 12/5/88 22.88
DeMille Homes Inc 89 RE(1/2) 27973-0 12/5/88 22.88
DeMille Homes Inc 89 RE(]/2) 27974-9 12/5/88 22.88
DeMille Homes Inc 89 RE(1/2) 27975-8 12/5/88 22.88
Total 411.83
This ordinance shall be effective from date of adoption.
The above abatement(s) totaling
- $411.83 were approved by
the Council of the City of Virginia
Beach on the-17 day of ---January
Treasurer
Approved as to form:
Ruth Hodges Smith
City Clerk
FORM NO. C.A. 7
AN ORDINANCE AUTHORIZING TAX REFUNDS
UPON APPLICATION OF CERTAIN PERSONS
AND UPON CERTIFICATION OF THE TREASURER
FOR PAYMENT
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the follrjwlria appllcatlont for tax refunds upon certlflcatlon of the Treasurer are hereby approved:
NAME Tax Type Ticket Exonera- Date Penalty Int. Total
Year of Tax Number tion No. Paid
Thomas P & Loretta O'Reilly 89 RE(I/Z) 84034-8 ll/Z3/88 47.29
Colonial Mortgage Company 89 RE(1/2) 79364-8 11/21/88 308.49
Martha A Spruill 89 RE(1/2) 105861-9 11/15/88 30.46
Miles E Greene 88 RE(1/2) 41814-5 12/4/87 14.03
William S & Simone Holloman 89 RE(]/2) 50861-7 11/17/88 443.80
Total 844.07
This ordinance shall be effective from date of adoption.
The above abatement(s) totaling
$844,07 were approved by
ihe Council of the City of Virginia
Beach on the 17 -day of @ppgary, .1989
Treasurer
roved as to form:
Ruth Hodges Smith
City Clerk
FORM NO. C.A. 7 114/89 F@ MC
AN ORDINANCE AUTHORIZING TAX REFUNDS
UPON APPLICATION OF CERTAIN PERSONS
AND UPON CERTIFICATION OF THE TREASURER
FOR PAYMENT
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for tax refunds upon certification of the Treasurer are hereby approved:
Tax Type Ticket E x one ra- Date Penalty I nt. Total
NAME Year of Tax Number tion No. Paid
Margaret A Drummond 89 RE(I/Z) 30481-9 11/30/88 3Z2.81
Charles W Lewis Jr 89 RE(]/2) 64620-0 12/5/88 84.49
Virginia Village Estates 89 RE(1/2) 115380-0 12/1/88 2.29
Virginia Village Estates 89 RE(1/2) 115377-5 12/1/88 2.29
Northampton Associates 89 RE(1/2) 82358-0 12/5/88 1,566.02
Atlantic Permanent Savings 87 RE(1/2) 4930-3 12/5/86 94.36
Atlantic Permanent Savings 87 RE(2/2) 4930-3 6/4/87 94.36
Atlantic Permanent Savings 86 RE(1/2) 4616-5 12/5/85 83.72
Atlantic Permanent Savings 86 RE(2/2) 4616-5 6/5/86 83.72
Total 2,334.06
This ordinance shall be effective from date of adoption.
The above abatement(s) totaling
$2,334.06 . were approved by
the Council of the City of Virginia
Beach on the@'7day of @aLip@y_1989
A proved as to form:
Ruth Hodges Smith
City Clerk
ity Attorney
- 26 -
Item IV-F.13
CONSENT AGENDA ITEM # 30653
Upon motion by Vice Mayor Fentress, seconded by Councilman Balko, City Council
ADOPTED:
Ordinance authorizing license refunds in the amount
of $8, 1 28. 18 upon app I i cat i on of certa i n persons
and upon cert 1 f 1 cat i on of the Comm i ss i oner of the
Revenue.
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold lieischober, Barbara M. Henley, Reba
S. McCianan, John D. Moss, Mayor Meyera E. Oberndorf,
Nancy K. Parker, John L. Perry and William D.
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
FORM NO C.@ 8 REV 3186
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:
License Date Base Penalty Int. Total
NAME Year Paid
AAPCO Door oompany, Inc.
5250 CI)alledon Drive
Va. Beach, vA 23462 1987 Audit 212.68 212.68
Atkinson, John T., Treasurer
City of Virginia Beacii
City Ilall Bldg., MLinicipal Center
va. Beach, vA 23456 1986/87 Audit 1,908.99 1,908.99
@Donalds Corporation
T/A @Donald's
2812 Old Lee fliqhway, Suite 300
rairfax, VA 22031 1986/87 Audit 699.14 699.14
Pungo Texaco, Inc.
1540 Princess Anne @,id
Va. Beach, VA 23456 1988 Audit 146 '@7ertilied as to Payment: 146.67
Commissioner of the Revenue
Approved as 19, form:
This ordinance shall be effective from date of
adDption.
The above abatement(s) totaling $2, 967. 48 were approved by the Council
17 January 89
of the City of Virginia Beach on the- day of 19 -
Ruth Hodges Smith
Cit Clerk
FOR. .0 C REV 31.
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 cerlification of the Commissioner of the
Revenue are hereby approved:
NAME License Date Base Penalty Int. Total
Year Paid
Schein, Joseph M.
T/A Scli@ 'llruck N 'rrailer Equipi-ent
3500 Sale Drive
Va. Beach, VA 23464 1987/88 Audit 108.00 108.00
Stevens & King Shee @ tal, Tnc.
#6 Greenbrier Poad
Portsmuth, VA 23707 1987/88 Audit 63.82 63.82
@, Wilsie M.
T/A Dutcl) nlid Donut Shc)ps
P. 0. Box 6243
Port@utli, VA 23703 1987/88 Audit 65.29 65.29
Certified as to Payment:
@obe,l P. Vau-ghan
Commissioner of the Revenue
Approved as to form:
I f
oale Bims'on
ity Attorney
This ordinance shall be effective from date of
adoption.
The above abatement(s) IC)Ialing $237.11, were approved by the Council
of the City of Virginia Beacti on the 17 day of January 19 89
Ruth Hodges Smith
Cit Clerk
FORM NO. C.A, 8 REV 3M
AN ORDINANCE AUTHORIZING LICENSE REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF THE REVENUE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for license refunds, upon certification of the Commissioner of the
Revenue are hereby approved:
NAME License Date Base Penalty Int. Total
Year Paid
B & B Motels, Inc.
T/A Sandpiper Motor Lodge
1112 Pacific Avenue
Va. Beach, VA 23451 1986-87 Audit 275.93 275.93
BPL Enterprises, Ltd.
T/A Same
120 Tilden Avenue
Chesapeake, VA 23320 1986-88 Audit 612.55 612.55
Barnes, Herbert B., III
T/A Atlantic Performand Marine
2093 Thomas Bishop Lane
Va. Beach, VA 23454 1987 Audit 150.00 150.00
Certified as to Payment:
Commissioner of the Revenue
Approved as t
@./Dale Bimson
This ordinance shall be effective from date of ity Attorney
adoption.
The above abatement(s) totaling $ 1 , 0 3 8 4 8 were approved by the Council
of the City of Virginia Beach on the 17 January 89
- day of 19 -
Ruth Hodges Smith
City Clerk
- 27 -
Item IV-1.1.
ADJOURNMENT ITEM 30654
Upon motion by Councilman Baum and BY ACCLAMATION, City Council ADJOURNED the
Meeting at 3:00 P.M.
Beverly T.- Hooks
Chief Deputy City Clerk
th Hodg@ Smith, CMC r E. Oberndorf
City Clerk Mayo@
City of Virginia Beach
Virginia