MARCH 19, 1990 MINUTES
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CITY COUNCIL AGENDA
March 19, 1990
COWUTERIZED TRAFFIC SIGNALIZATION - Council Chamber - 10:00 AM
Pat Timbrook, Frederic R. Harris, Inc.
John Herzke, Traffic Engineer
ITEM 1. COUNCIL CONFERENCE SESSION - Conference Room - 10:45 AM
A. SOUTHEASTERN TIDEWATER OPPORTUNITY PRDJECT, INC.
ITEM 11. CITY KWGERIS BRIEFINGS - Conference Room - 11:00 AM
A. PROPOSED SPRING 1990 ADVERTISING CAMPAIGN
James Ricketts, Director of Conventions and Visitor Development
B. RECOMMENDATIONS FOR VIRGINIA DEPARTMENT
OF TRANSPORTATION PRE-ALLOCATION HEARING
Ralph Sm lth, Deputy Director of Pubi !c Works
C. LABOR DAY CCMMUNITY COORDINATION CCMMITTEE
ITEM 111. CITY COUNCIL CONCERNS - Conference Roorn - 12:15 AM
ITEM IV. L U N C H - Conference Room - 12:35 P14
ITEM V. INFORMAL SESSION - Conference Room - 12:45 PM
A. CALL TO ORDER - Mayor Meyera E. Oberndorf
B. ROLL CALL OF CITY COUNCIL
C. MOTION TO RECESS INTO EXECUTIVE SESSION
ITEN VI. FORMAL SESSION - Council Chamber - 2:00 P14
A. INVOCATION: Reverend W. Darryl Scott, Jr.
Pleasant Grove Baptist Church
B. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
C. ELECTRONIC ROLL CALL OF CITY COUNCIL
D. CERTIFICATION OF EXECUTIVE SESSION
E. MINUTES
1. INFORMAL & FORMAL SESSIONS - March 12, 1990
F. CITY MANAGEIRIS PRESENTATIONS
1. WETLANDS AND SOUTHEASTERN E)(PRESSWAY
Louis Cul I lpher, Director of Agriculture
Robert Scott, Director of Planning
2. CCWLETE COUNT COMMITTEE
Martha J. Sims, Chairman
G. PUBLIC HEARING
1. Acquisition of property, temporary or permanent easements for
right-of-way, either by agreement or condernnation, for the Lake
Gaston Water Pipeline.
H. ORDINANCES
1. Ordinances to authorize acquisition of property, temporary and
permanent easements for right-of-way, either by agreement or
condemnation, for the Lake Gaston Water Pipeline:
a. Existing and proposed private access roads at the Northern
term i n us of Route 604, Powe I I ton Di str ict, Brunswick County.
b. Private road s at Route 600, Powe I I ton Di str ict, Brunswick
County.
c. Parcels 002-A, 004-A, 005-A and 006-A, Powe I I ton Di strict,
Brunswick County.
d. Parcel 010-A, Powellton District, Brunswick Gounty.
e. Parcels 020, 022, 041, 053 and 055, Powellton District,
Brunswick County.
f. Parcel 163, Windsor District, Isle of Wight County.
g. Parcel 171, Windsor District, Isle of Wight County.
2. Ordinance to authorize a temporary encroachment into a portion of
the right-ot-way of 72nd Street to J. Robert and Janet Carlton re
allowing existing brick border wall and installation of exposed
aggregate ooncrete parking area (LYNNHAVEN BOROUGH).
3. Ordinance, upon FIRST READING, to ACCEPIT and APPROPRIATE $54,000
from the U.S. Department of Housing and Urban Development for a
Federal Emergency Shelter Grant to assist homeless activities; and,
authorizing the City Manager to execute an agreement accepting the
Gran t.
1. CONSENT AGENDA
Al I matters I 1 sted under the Consent Agenda are considered in the
ord lnary course of business by City Counci 1 and wi I I be enacted by
one motion in the form Ilsted. If an Item is reinoved frcm the C)onsent
Agenda, it wi I I be d I sc ussed and voted upon separately.
1. Resolutions requesting the Virginia Department of Transportation
begin urban maintenance payments to the City of Vlrginia Beach;
and, to accept:
a. Additional streets.
b. Corrections to the revised road Inventory.
2. Resolution approving the location and major design features of
Military Highway (CIP 2-084); req wsting the Virginia Department of
Transportation to acquire all rights-of-way; and, to authorize the
City Manager to execute all necessary ra I I road and utility
agreements.
3. Ordinances to TRANSFER:
a. $140,000 from the Library Department's FY 1989-1990 Operating
Budget to the Central Library Capital Improvefnent Project re
upgrading the Library's Central Processing Unit.
b. $39,000 from General Services Department's FY 1989-1990
Operating Budget to the Department of Convention and Visitor
Development re purchase of equipment and maintenance itefns for
the Pavillon.
4. Ordinance to TRANSFER $68,689 within the FY 1989-1990 Operating
Budget of the Department of Mental Health/Mental Retardation/
Substance Abuse re acquiring State sponsored data processing
equipment and supplies and establish the Department's Managment
lnfor-mation Systms (MIS).
5. Ordinances to authorize temporary encroac@nts into portions of
rights-of-way:
a. Princess Anne Road to Virginia Power re the Installation of a
sprinkler system (KEMPSVILLE BOROUGH).
b. North Landing Road to Standard Transplpe (Virginia), Inc.
re replacing a 6-inch jet fuel transmlssion line
(PRINCESS ANNE BOROUGH).
6. LOW BID:
CONTRACTORS PAVING Independence Boulevard $2,712,199.50
COMPANY, INC. Phase IIA-2
(CIP 2-091)
J. UNFINISHED BUSINESS
K. NEW BUSINESS
1. INTERIN FINANCIAL REPORTS
July 1, 1989 - December 31, 1989
July 1, 1989 - January 31, 1990
Gl les G. Dodd, Ass l stant C!ty Manager for
Analysis and Evaluation
L. ADJOURNMENT
CITY COUNCIL SESSION RESCHEDULED
APRIL 30, 1990 2:00 PM
(Planning Items)
RESCHEDULE OF APRIL 9, 1990
"PASSOVER" HOLIDAY
(All other Sessions will be In accordance with the City Code)
FY 1990-1991 OPERATING BUDGET
APRIL 2, 1990
2:00 PM
CITY MANAGER?S PRESENTATION TO CITY COUNCIL
(Formal City Council Session)
APRIL 5, 1990
COUNCiL WORKSHOP - SCHOOL BUDGET
APRIL 16, 1990
CITY COUNCIL WORKSHOP - CITY BUDGET
APRIL 19, 1990
7:00 PM
PUBLIC HEARING - CITY/SCHOOL BUDGET
Princess Anne High School
APRIL 23, 1990
COUNCIL WORKSHOP
FY 1990-1991 OPERATING BUDGET
MAY 2, 1990
4:00 PM - 6:00 PM
COUNCIL RECONCILIATION WORKSHOP
FY 1990-1991 OPERATING BUDGET
Council Conference Rocm
t*Y 7, 1990
2:00 PM
PUBLIC HEARING AND FIRST READING
APPROPRIATION ORDINANCE
FY 1990-1991 OPERATING BUDGET
(Formal City Council Session)
t*Y 14, 1990
2:00 PM
SECOND READING AND ADOPTION BY CITY COUNCIL
FY 1990-1991 OPERATING BUDGET
(Formal City Council Session)
3/15/90 lb
M I N U T E S
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
March 19, 1990
The COMPUTERIZED TRAFFIC SIGNALIZATION BRIEFING to the VIRGINIA BEACH CITY
COUNCIL was called to order by Vice Mayor Robert E. Fentress in the Council
Chambers, City Hall Building, on Monday, March 19, 1990, at 10:00 A.M.
Council Members Present:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Barbara M. Henley, Reba S. McClanan, Mayor
Meyera E. Oberndorf, Nancy K. Parker and John L.
Perry
Council Members Absent:
Harold Heischober, John D. Moss and William D.
Sessoms, Jr.
- 2 -
COMPUTERIZED TRAFFIC SIGNALIZATION
10:00 A.M.
ITEM # 32559
John Herzke, Traffic Engineer, introduced Valerie Henchel, Assistant Traffic
Engineer, and Pat Timbrook, from the firm of Frederic R. Harris, Inc. Mr.
Timbrook has worked closely with Mrs. Henchel in developing the cable extension
plans and the signal timing plans of the Computerized Traffic Signalization.
Miss Henchel advised the idea for a computerized signalization system emerged
in the late 1970's. In 1979, the Virginia Department of Transportation agreed
to include the computer as a part of a Virginia Beach Boulevard project. In
1986, City Council approved approximately $3.2-MILLTON to complete the
installation of the cable system. Miss Henchel advised the many phases of this
CIP Project:
Cable Design and installation contracts
Signal Timing and Coordination Contracts
Equipment Upgrades
System is to be Expanded
Contacts were phased. The installation of the cable system to the Beach Borough
began in 1986. The system was in place by June 1987. Signal timings were then
implemented. In 1987, the design on several other major arterial corridors for
interconnect was commenced. These included Indian River Road, Princess Anne
Road, Kempsville Road, Independence Boulevard - north of Virginia Beach
Boulevard and First Colonial Road and Great Neck Road. These installations were
not completed until 1989. Also in 1987, a major retiming contract was awarded
to Frederick R. Harris. This included evaluation of the overall system, the
capacity, the groupings of the intersections and the future growth of the
system. This contract also included interconnect cable to several segments
which were still missing, i.e., Holland Road, Pleasure House Road, Rosemont
Road, Indian River Road and the North Atlantic Avenue.
With the utilization of slides, Miss Henchel displayed the VMS 220 system at
Landstown.
Mrs. Henchel cited the three Corridors evaluated:
Lynnhaven Parkway
Independence Boulevard
Witchduck/Kempsville Corridor
Overall, the Computerized Traffic Signalization System within the three
Corridors has reduced delay - 47.8%; stops - 39.5%; travel time - 29.9%.
The City is about to approach the final phase of the project. Upgrading of
components of the system is required, as this was initially installed in 1979.
In 1992, it is estimated, the City will exceed the 256 signal capacity of the
system.
Graphics depicting the Number of Traffic Signals, Existing and Projected, the
Number of Traffic Signals Under VMS 220 System Operation and Miles of
Communication Cable Required for the VMS 220 System were distributed to City
Council and are hereby made a part of the record.
Pat Timbrook, representative of Frederick R. Harris, Inc., advised $3,175,000
is the total Annual Cost savings in dollars and fuel consumption. Normally in a
retiming project, it is estimated to save 10% to 15% in delays, stops or travel
time. Overall, thirty, forty and, in some cases, sixty percent savings have
been derived.
Mr. Herzke advised a proposal for expanding the mainframe of the computer
system will be presented to City Council within the next two weeks. The funds
are already available within the project. Therefore, no additional funds will
be requested.
- 3 -
ITEM # 32560
The CITY MANAGER'S BRIEFING relative the PROPOSED SPRING 1990 ADVERTISING
CAMPAIGN to the VIRGINIA BEACH CITY COUNCIL was called to order by Mayor Meyera
E. Oberndorf in the Conference Room, City Hall Building, on Monday, March 19,
1990, at 10:55 A.M.
Council Members Present:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley,
Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy
K. Parker, John L. Perry and William D. Sessoms, Jr.
Council Members Absent:
John D. Moss (ENTERED: 11:05 A.M.)
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C I T Y M A N G E R 'S B R I E F I N G
PROPOSED SPRING 1990 ADVERTISING CAMPAIGN
10:55 A.M.
ITEM # 32561
James Ricketts, Director of Conventions and Visitor Development, distributed
brochures to be utilized in the PROPOSED SPRING 1990 ADVERTISING CAMPAIGN.
Two items are not available to be shown today, the Television Commercials for
the City of Virginia Beach and Busch Gardens. These have not been produced as
yet, but when available will be shown to the City Council.
The Self-guided motor tour brochure and the general brochure utilized for
advertising requirements have been combined into one brochure. The potential
vacationer requires a more comprehensive picture of the City.
Charles Applebach, Executive Vice President of the Polizos Agency, was
accompanied by Mike Lambert, Media Services Director, and Arthur Polizos,
Chairman. The Polizos Agency is proud of their association with Virginia's
Beach's tourist division and Convention Bureau over the past eight years.
Mr. Applebach advised tremendous energy is being devoted to building
relationships with Travel writers and editors in major markets classified as A
Markets. General media relations involve discussions with these writers and
editors to ascertain their interests and intentions relating to coverage of
Virginia Beach as a destination and fulfilling those needs. The Boardwalk and
Atlantic Avenue improvements, the new beach, more family activities than ever
before and the beaches are clean, safe and extremely comfortable are the
factors stressed. A major part of the media relations fulfillment activity is
generating and distributing feature stories focusing on key message points. Two
of these stories are planned for this Spring. For the first time, three short
video news releases are being planned to be produced and distributed. One
innovative way these videos and feature stories will be distributed this year
is through a media tour for the Department's Director. For the first time, Mr.
Ricketts will travel to important media outlets throughout the east in a
planned systematic tour. He will engage in discussions with key media people in
our major markets and in the national media and will give them a personal,
first hand account of Virginia Beach in 1990. The Agency will take advantage
of this opportunity to build traffic within the close-in market and also to
create additional awareness for the City.
Mr. Applebach, utilizing video displays, depicted the Association Management Ad
appearing in a series of business publications. This was developed in a co-op
version with six participating hotels for its first years and was then revised
to run only for the convention bureau. The advertisement stresses the City's
ability to host large conventions, as well as the area's amenities. The
Military Reunion Ad is part of an inexpensive test program, which positions
Virginia Beach to capitalize on those groups. It appears in several local and
national periodicals. The ad explains the ease of planning a reunion in the
City and the conventional facilities available for said reunions. The Meeting
Planner Ad is a detailed oriented ad appearing in informational type
publications stressing the ease of planning a meeting. The 1990 Meeting
Planners Guide is used to satisfy advertising inquiries. This brochure provides
a complete description of the attractions, facilities and amenities offered to
conventions.
Mr. Michael Lambert, Media Services Director, advised the emphasis will be the
Spring/Summer Campaign which is currently being embarked upon. Group Tours is
the trade program dedicated for travel planners and bus tours. Two of the media
utilized in the Group Tour program is courier and destinations.
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C I T Y M A N G E R 'S B R I E F I N G
PROPOSED SPRING 1990 ADVERTISING CAMPAIGN
ITEM # 32561 (Continued)
Research is another important component of the overall program in the Media
services. Mr. Lambert cited the different factors within the realm of research:
Overnight Visitors Profile
Return on Investment Study
Inquiry Conversion Study,
Occupancy Study
Competitive Analysis
Year 'round advertising would include some of the market niches, i.e, golfers
and honeymoon trade.
There are two elements which drive the media program:
Geography
Inquiries
Tourism is an inquiry-driven business. Through extensive research, a visitor
data base has been created. The average visitor is between the ages of 25-44.
In fact, the average age is 37 years old with a $40,000 plus household income.
Sixty-eight percent (68%) are married of which fifty percent (50%) arrive with
children. Two-thirds of the visitors are professional. The average distance
traveled to the Beach is 390 miles.
Geography is the knot which drives the media plan. The State Visitation Ranking
advises Canada is ranked as fifth. One in four visitors are from Virginia and
54% of all visitors come from Virginia, Pennsylvania and New York. When media
is chosen, the advertisers must be cognizant of geography and not waste
coverage in other areas.
Thirty-eight percent (38%) of the inquiries have been historically converted
into visitors. Last year, it was determined seventy-one percent (71%) of all
inquiries were print driven. However, only forty-two percent (42%) of the
budget was allocated to print. It was determined if the print budget is
increased, inquiries would hopefully be increased by one-third, resulting in
approximately 17,000 more visitors. This is an ambitious goal but hopefully
achievable by the emphasis placed on print this year. Print allows longer
response time with the advertisement than broadcast. Print can also provide
regional coverage with the utilization of consumer magazines, i.e. Parade
Magazine. Print also seems to generate toward a higher income and older, more
professional person. Print represents fifty-eight percent (58%) of the total
Spring/Summer budget. With this re-emphasis on print, the City was able to
double the size of the ads and the frequency from last year.
The first level of the first year of print is the Daily Newspaper Program. Ads
will be running in the Sunday Travel Sections of thirteen U.S. major markets,
eight to twelve times and additionally four Canadian Markets and also the Key
Virginia Markets.
Charles Applebach, advised the advertisements are reflecting a diverse ethnic
mix in the print-outs and brochures, as well as television campaigns this year.
Mr. Lambert advised the inquires are eight percent (8%) over last year. The
Polizos Agency is participating in the "Virginia Is For Lovers" Visitors Guide,
a free-standing insert in thirteen major market newspapers, which will come out
in the first two weeks of April. This program will generate over 3-MILLION
total impressions. After the major markets had been addressed with their daily
papers, the "B" Markets were then addressed. This year, Parade Magazine has
been utilized to regionally cover all of the "B" Markets. The third major
element of the print campaign was Consumer Magazine, which was definitely the
regional approach. Only the Mid-Atlantic editions of these magazines were
purchased. Therefore, there is no wasted coverage out of the area of
opportunity. These magazines are directed toward women and are inquiry driven.
Consumer Magazines will generate almost 14-MILLTON total impressions.
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C I T Y M A N G E R 'S B R I E F I N G
PROPOSED SPRING 1990 ADVERTISING CAMPAIGN
ITEM # 32561 (Continued)
Television comprises the second tier and is 42% of the total Advertising
Budget. Television serves as a reinforcement for the heavy print program. The
Television program is comprised of two elements:
Dedicated Virginia Beach portion
Key Markets of 30-second spot
Northern Virginia/Maryland suburbs
Philadelphia
Roanoke
Wilkes Barre/Scranton
Traditional Busch Gardens Co-op Television
Key Markets
Pittsburg
Cleveland
Harrisburg
Youngstown
Albany
Rochester
Erie
Newspaper advertising commences this week and continues to the middle of June.
The City is in the paper practically every week in one form or another.
Advertising appeared in Parade Magazine this weekend with a three time minimum
frequency. Consumer Magazines will run March, April and May.
Mr. Lambert advised the number of impressions generated:
Newspapers 90-MILLION
Parade Magazine 15-MILLION
Consumer Magazine 14-MILJION
TV 45-MILLION
Therefore, there are 163,528,280 opportunities for success.
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C I T Y M A N C E R 'S B R I E F I N G
SOUTHEASITI?N TIDEWATER OPPORTUNITY PROJECT, INC.
11:33 A.M.
ITEM # 32562
Mr. Hector A. Rivera, Assistant City Manager for Human Services, advised the
SOUTHF-ASTERN TIDEWATER OPPORTUNITY PROJECT, INC. (STOP) is a regional community
action agency and covers Planning District 20. It was created by the Economic
Opportunity Act of 1964. The major funding comes from the Federal Government.
Localities have an opportunity to participate. Mr. Rivera advised Mrs. L.
Louise Lucas is the Executive Director and has been with the agency since 1985.
The Department of Social Services is the lead agency which provides oversight
of the funds provided by the City.
Mrs. Lucas advised the STOP Organization has the BEADSTART program in addition
to the implementation of many other programs. There are sixteen (16) different
fund accounts. With the exception of the HEADSTART program, Mrs. Lucas advised
all the fiscal problems in the other fund accounts have been resolved. However,
the STOP Organization's HEADSTART is one of the best programmatically in the
region. The HEADSTART program has provided quality child development services
to State Planning District 20 for almost twenty-five years. During this period
the lives of countless children and families have been affected in some
positive manner. Living up to the motto of the National Headstart Association:
"Touching Children, Reaching Families and Involving Communities". These were
at-risk children and families. The HEADSTART program continues to serve at-risk
populations in all of State Planning District 20 providing the quality service
for which it is known throughout the region. Because of the over expenditure in
the HEADSTART program, the STOP program finds itself now at risk. Of course,
those funds must be repaid but cannot be satisfied with Federal dollars.
Therefore, STOP is soliciting the City's support as well as the support of the
political jurisdictions in State Planning District 20 for a one-time prorata
share based on the number of children served in each political jurisdiction.
The HEADSTART fund was not operated on an accrual basis until March 31, 1987,
but was making all reports on a cash basis. Because of that, during the end of
the program year, as was documented by the auditors, there were over
expenditures dating back to 1983. Hopefully by the end of the period
prescribed, not only the deficit will be repaid but finally the programs of the
STOP organization will be under fiscal control. The STOP organization has met
almost all of the criteria. Personnel matters are not so easily resolved.
The STOP Organization has requested Virginia Beach contribute $19,560. At
present ffEADSTART serves sixty (60) children in Virginia Beach. This program
shall be expanded by forty-five (45) children after June First, provided
HEADSTART is no longer in the high risk destination. At that point, expansion
funds will be received.
Mrs. Lucas advised Councilman Moss only 20% to 25% of all those children
eligible in each political jurisdiction are served by HEADSTART. There is
always a waiting list of children. Mr. Rivera advised there was at least a
waiting list of 1,000 or more children in Virginia Beach. Mrs. Lucas advised
Vice Mayor Fentress each child receives breakfast, a snack and lunch. The
HEADSTART vans pick up the children in their particular areas. There are a
number of services which also include the families. Through the Family
involvement coordinator, there are programs which will strive to involve the
families in training programs. As a result, some of the parents are gainfully
employed for the first time in their lives. Many attend the Adult Basic
Education Program and the Geriatric Nursing Assistance Program. By bringing
the families into the HEADSTART program, they also become aware of the other
programs of STOP, i.e, the Weatherization Program, Food Service Program and
FEt4A.
Mayor Oberndorf advised there is a HMSTART program over in the field area of
the old Union Kempsville School. The Curriculum is similar to the Montessori
School. Their intellectual being is being fed, as well as their physical being.
- 8 -
C I T Y M A N G E R 'S B R I E F I N G
SOUTHEASTERN TIDEWATER OPPORTUNITY PROJECT, INC.
ITEM # 32562 (Continued)
Of the eight political jurisdictions, commitments have been received from four.
Virginia Beach was the first with Portsmouth following. The largest of the
political jurisdictions is Norfolk, which has not committed. HHS has allowed a
three contractual agreement to repay the funds at a total of approximately
$5,600 per month at 16.9% interest.
The City of Virginia Beach is the only political jurisdiction with a staff
person funded specifically for their jurisdiction. Audrey Cornick at Friendship
Village receives the applications not only for HEADSTART children. but for the
Weatherization Program, Project Discovery, Virginia Cares, Infant Stimulation
Program, the Geriatric Nursing Assistance Program (with a 95% placement rate
through SVJTA) and many others.
Mayor Oberndorf expressed appreciation to Mrs. Lucas for her presentation and
explanation of the newspaper articles.
- 9 -
C I T Y M A N C E R 'S B R I E F I N G
RECOMMENDATIONS FOR VIRGINIA DEPARTMENT OF TRANSPORTATION
PRE-AUDCATION HEARING
ITEM # 32563
Ralph Smith, Deputy Director of Public Works, advised in July 1987, the City
set out to execute the roadway backlog reduction program. Twenty of the major
CIP projects have been completed for an approximate cost of $102-MILLION.
Twenty-three (23) projects are actively under construction. Two of those are
VDOT projects: Dam Neck Road and Virginia Beach Boulevard, Phase III.
These total $20-MILLION. The balance of the program under construction are city
projects. There are 27 more projects under design at a cost of $270-MILLION.
$162-MILLION of this amount entails the 9 major projects under design by VDOT.
Design has not commenced on 14 remaining projects worth $75-MILLION which are
not within the VDOT category, but the City's 5-Year Plan.
Two (2) of the eleven (11) projects currently in the program by VDOT, continue
on beyond the six-year program, as now constituted. The two projects are
Constitution Flyover ($14-MTLLION) and Salem Road ($10-MTLLION).
The City receives $20-MILLION from VDOT for urban roadway work. Because of the
carryover projects for the next two years, the City can expect to receive only
approximatley $8-MILLION a year (1995-1996 and 1996-1997) for new work. This
has been confirmed informally by VDOT.
Among the fourteen (14) projects which have not yet started design, if placed
in the VDOT program, they are automatically delayed at least one year.
Mr. Smith identified the three projects for the Virginia Department of
Transportation Pre-Allocation Hearing:
Birdneck Road between Virginia Beach Boulevard $ 14.7-MILLION
and General Booth Boulevard. 2.7 miles long.
4-lane divided
with a bikepath.
Holland Road from Landstown Road down to $ 11.8-MILLION
Ferrell Parkway 2.6 miles long.
4-lane divided
without a bikepath
Completion of Lynnhaven Parkway just to $ 5-MILLION
the west of Indian River Road down to 2.1 miles long.
Centerville Road. 4-lane divided
with a bikepath
Mr. Smith advised during the PRE-ALJOCATION HEARING, the City wishes to address
three other areas: Improvements to I-64, Route 44 and the Southeastern
Expressway.
The State is doing work on the Interstate Funds on 1-64 in the northern area,
down to the twin bridges. The bridges over the Elizabeth River were scheduled
for 1989 and now are scheduled for construction start in July 1990. After
completion of the bridges, there was discussion of building the remainder of
I-64 south down to the City line with work commencing in 1990. This has changed
to 1995. Upon completion, there shall be a six-lane divided roadway, two of
which are HOV lanes. The City wishes access to the HOV lanes on Northampton
Boulevard for the residents of the northern area of the City, so they do not
have to come down to I-44. Improvements to the Indian River Road Intersection
have been addressed. The State has been provided with a conceptual study in an
effort to induce them to expand their current planning on improvements to I-64
to include the Indian River Road complex.
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C I T Y M A N G E R 'S B R I E F I N G
RECOMMENDATIONS FOR VIRGINIA DEPARTMENT OF TRANSPORTATION
PRE-ALLOCATION HEARING
ITEM # 32563 (Continued)
The City approached the State to install an intersection on an extension of
Centerville Turnpike. The State denied same. However, there is a proposal for
an Intersection on the City Line on Route 64. A conceptual plan for that
Intersection has been developed by the State. Same has been examined and
appears reasonable. The State is envisioning a public information meeting in
June.
On I-44, the State has developed a concept plan for an Intersection at Birdneck
Road, which appears a good traffic engineering solution. The City is in favor
of encouraging the State to make these improvements. Mr. Smith advised the City
wishes to encourage the State to undertake a study of the Intersection of
Witchduck and I-44. There is a major traffic problem here which must be
addressed.
The Southeastern Expressway is a vital part of the City's roadway network.
A written response will be provided to Councilman Baum relative the right-of-
way on Pungo Ferry Road for future expansion from the Bridge to Blackwater
Road. There have been some major concerns about the swamp land on both sides.
- 11 -
C I T Y M A N G E R 'S B R I E F I N G
LABOR DAY COMMUNITY COORDINATION COMITTEE
12:25 P.M.
ITEM # 32564
Mr. Andrew Fine, Co-Chair, Labor Day Co@i@nity Coordination Committee,
distributed a Meeting Schedule of the Subcommittees of the Labor Day Community
Coordination Committee:
Commi,nity Participation March 21, 1990 5:30 P.M. Social Services
Conference Room
1 & 2
Logistics March 20, 1990 5:30 P.M. Fire Training
Center
927 S. Birdneck
Private Sector March 23, 1990 11:30 A.M. 780 Lynnhaven Pkwy.
Suite 350
Program March 21, 1990 7:00 P.M. Kempsville Area
Library
Kempsville Road
Public Information March 22, 1990 11:00 A.M. ODU/NSU Graduate
Center
Conference Room "P"
Security March 22, 1990 11:00 A.M. Beach Resort and
Conference Center
The next meeting of the Labor Day Community Coordination Committee as a whole
is scheduled for March 28, 1990, at 7:00 P.M. at the Department of Social
Services, 3432 Virginia Beach Boulevard at Little Neck Road.
On Friday, March 23, 1990, Dr. Harrison Wilson and Mr. Andrew Fine, Co-Chairs
BRIEFED the Department Heads relative the LABOR DAY COMMUNITY COORDINATION
COMMI=. Dr. Harrison and Mr. Fine will visit Daytona Beach, Florida, on
April Fifth and Sixth during the Black College Reunion Spring Break to
determine this City's approach to the activities.
Dr. Wilson introduced Phillip Brooks, Director of a hospital in Norfolk, who is
working very closely with Dr. Wilson to assist in the Labor Day activities.
- 12 -
IT EMS OF T HE C IT Y MANA GE R
ITEM # 32565
The City Manager distributed information relative the City of Virginia Beach
Recreation Center - Great Neck.
The City Manager has requested the staff of the Public Information Office to
prepare a content analysis listing all the items recently covered in various
press media relative the issues involving the Swimming Pool at the Great Neck
Recreation Center. A "point by point" response can then be prepared to each of
the issues raised.
The City Manager distributed correspondence relative the Great Neck Recreation
Center. The letter of March 11, 1988, indicated by the signature and
information provided that the appropriate agencies of the State were made aware
of ASME requirements and Code Provisions of the filter tanks. Jim Hicks,
Director/Chief Inspector, Boiler and Pressure Vessel Safety Division, State of
Virginia, did approve this information at that particular time. The designs and
all of the component parts were approved by the Virginia State Health
Department prior to bidding these items. Documentation shall be provided to
members of City Council.
The letter of March 19, 1990, from the Architect, Charles R. Krummel, indicates
to the best of his knowledge, there was no building materials containing
asbestos for this project.
The City Manager requested the architect to confirm there are adequate
competitors to the particular units selected for the Great Neck Facility.
The City Manager is working with the appropriate individuals to have third
party impartial attesting by a national certifying agency of the various
component parts including the pumps and filtration tanks.
Additional procedures have been instituted for the sign-offs on all of the
appropriate payments on these particular contracts and a high level management
overview of these items will be provided.
Representatives from the Recreation Department will be speaking to civic groups
this week relative the new Recreation Facilities emphasizing their safety and
reliability.
Mayor Oberndorf requested the City Manager advise the number of Municipalities
who are no longer including diving boards in their pools.
ITEM # 32566
The City Manager referenced the distribution of two Memorandums to the City
Council containing background information on a particular subdivision and
appointment opportunities between the City Council and a communications firm.
Although the City Manager referred to Thursday, March 22, 1990, in the
Memorandum, he should have said individuals available on Friday, March Twenty-
third, to meet with Council Members. These individuals will also be available
during the Formal City Council Session of March 26, 1990, to provide a
BRIEFING.
- 13 -
C IT Y C 0 UN C I L C ON C E R N S
ITEM # 32567
Councilman Moss referenced the Memorandum relative the Revised Schedule on the
Judicial Center. The City Manager will advise City Council of any
modifications which have been made to the original design.
ITEM # 32568
Councilwoman Henley referenced the proposed purchase of the 9.3 acre site for
the West Kempsville High School Stadium which has been the focus of recent news
articles. These articles continue to state the City has agreed to purchase this
site or has purchased this site for $800,000. Councilwoman Henley wished the
issue clarified, as a purchase price had not been agreed upon and is still
being negotiated.
The City Manager advised following his briefing to City Council during the
EXECUTIVE SESSION, public comments will be made during the Formal Session.
ITEM # 32569
Councilman Baum advised convincing his Hunt Club to ADOPT cleaning up Baum
Road; however, the road is only 1-1/4 miles in length in Virginia Beach and
hopes the requirement of a minimum of two miles for clean-up is not a rigid
rule.
Councilwoman Henley requesled clarification relative the reasons the various
groups were not allowed to ADOPT the highways for clean-up, as there were not
sufficient funds in the Budget. The City Manager advised there were concerns
expressed concerning the amount required to print all the signs. The City
Manager is attempting to resolve this issue. Councilwoman Henley believed the
groups should not have to wait to participate until the posting of a sign.
ITEM # 32570
Vice Mayor Fentress expressed concern relative the Virginia Beach Co@l@nity
Development Corporation. The Membership should be increased by either two or
four additional members from its,present seven.
Vice Mayor Fentress also referenced the DRAFT Resolution relative the merger of
the Southeastern Virginia and Peninsula Planning District Commissions.
Councilwoman McClanan wished this Resolution clarified further stating the
intent of the organizations would still be basically that of a planning agency.
Councilwoman Henley referenced the statement contained within the Discussion
Points for Local Governments when considering the merger of the Planning
Districts: "A Hampton Roads Planning District is a logical vehicle for such
activity and would seem an appropriate next step in the evolution of the
community of Hampton Roads".
Mayor Oberndorf requested clarification by Arthur Collins, Executive Director
of the Southeastern Virginia Planning District Commission, concerning the
differences in the ultimate goal of the Hampton Roads Government and this is
not for the creation of another layer of government with taxing powers.
- 14 -
ITEM # 32571
The INF'ORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL was called to order by
Mayor Meyera E. Oberndorf in the Conference Room, City Hall Building, on
Monday, March 19, 1990, at 1:05 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 Meyera E. Oberndorf,
Nancy K. Parker, John L. Perry and William D.
Sessoms, Jr.
Council Members Absent:
None
- 15 -
ITEM # 32572
Mayor Meyera E. Oberndorf entertained a motion to permit City Council to
conduct its EXECUTIVE SESSION, pursuant to Section 2.1-344, Code of
Virginia, as amended, for the following purposes:
1. PERSONNEL MATTERS: Discussion, consideration or interviews of prospective
candidates for employment, assignment, appointment, promotion, performance,
demotion, salaries, disciplining, or resignation of specific public
officers, appointees or employees pursuant to Section 2.1-344(A) (1). To
wit: (1) Appointments: Medical College of Hampton Roads, Sports Authority
of Hampton Roads.
2. PUBLICLY HELD PROPERTY: Discussion or consideration of the condition,
acquisition or use of real property for public purpose, or of the
disposition of publicly held property, or of the plans for the future of an
institution which could affect the value of property owned or desirable for
ownership by such institution pursuant to Section 2.1-344(A) (3). (1) To
Wit: School Site Acquisition: West Kempsville High School.
3. LEGAL MATTERS: Consultation with legal counsel or briefings by staff
members, consultants or attorneys, pertaining to actual or probable
litigation, or other specific legal matters requesting the provision of
legal advice by counsel pursuant to Section 2.1-344 (A) (7). Specific items
of business on the City Council agenda that may be discussed in executive
session are the following: (1) Lake Gaston Condemnation Items. Actual or
probable litigation or other specific legal matters are the following: (1)
TCM Associates & William S. Teachey, et al v. City of Virginia Beach (2)
Lake Gaston Litigation.
Upon motion by Councilman Moss, seconded by Councilman 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. 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
- 16 -
F 0 R M A L S E S S I 0 N
VIRGINIA BEACH CITY COUNCIL
March 19, 1990
2:00 P.M.
Mayor Meyera E. Oberndorf called to order the FORMAL SESSION of the VIRGINIA
BEACH CITY COUNCIL in the Council Chambers, City Hall Building, on Monday,
March 19, 1990, 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 Meyera E. Oberndorf,
Nancy K. Parker, John L. Perry and William D.
Sessoms, Jr.
Council Members Absent:
None
INVOCATION: Reverend W. Darryl Scott, Sr.
Pleasant Grove Baptist Church
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
- 17 -
Item VI-D.I.
CERTIFICATION OF
EXECUTIVE SESSION ITEM # 32573
Upon rnotion by Councilman Heischober, seconded by Councilman Sessoms, City
Council ADOPTED:
CERTIFICATION OF EXECUTIVE SESSION
Only public business matters lawfully exempted from
Open Meeting requirements by Virginia law were
discussed in Executive Session to which this
certification resolution applies;
AND,
Only such public business matters as were
identified in the motion convening this Executive
Session were heard, discussed or considered by
Virginia Beach City Council.
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
CERTIFICATION OF EXECUTIVE SESSION
WHEREAS: The Virginia Beach City Council convened into EXECUTIVE SESSION, pursuant to
the affirmative vote recorded here and in accordance with the provisions of The Virginia
Freedom of Information Act; and,
WHEREAS: Section 2.1-344.1 of the Code of Virginia requires a certification by the
governing body that such Executive Session was conducted in conformity with Virginia law.
NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council hereby certifies
that, to the best of each member's knowledge, (a) only public business matters lawfully
exempted from Open Meeting requirements by Virginia law were discussed in Executive Session to
which this certification resolution applies; and, (b) only such public business matters as
were identified in the motion convening this Executive Session were heard, discussed or
considered by Virginia Beach City Council.
MOTION;
Upon motion by Councilman Moss, seconded by Councilman Sessoms, City Council voted to proceed
into EXECUTIVE SESSION to consider:
1. PERSONNEL MATTERS: Discussion, consideration or interviews of prospective candidates for
employment, assignment, appointment, promotion, performance, demotion, salaries,
disciplining, or resignation of specific public officers, appointees or employees
pursuant to Section 2.1-344(A) (1). To wit: (1) Appointments: Medical College of Hampton
Roads, Sports Authority of Hampton Roads.
2. PUBLICLY HELD PROPERTY: Discussion or consideration of the condition, acquisition or use
of real property for public purpose, or of the disposition of publicly held property, or
of the plans for the future of an institution which could affect the value of property
owned or desirable for ownership by such institution pursuant to Section 2.1-344(A) (3).
(1) To Wit: Site Acquisiton: West Kempsville High School Stadium.
3. LEGAL MATTERS: Consultation with legal counsel or briefings by staff members, consultants
or attorneys, pertaining to actual or probable litigation, or other specific legal
matters requesting the provision of legal advice by counsel pursuant to Section 2.1-344
(A) (7). Specific items of business on the City Council agenda that may be discussed in
executive session are the following: (1) Lake Gaston Condemnation Items. Actual or
probable litigation or other specific legal matters are the following: (1) TCM Associates
& William S. Teachey, et al v. City of Virginia Beach (2) Lake Gaston Litigation.
VOTE: 11-0
Council Members Voting AYE: Council Members Voting NAY:
Albert W. Balko, John A. Baum, Vice Mayor Robert None
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 ABSTAINING: Council Members ABSENT for the Vote:
None None
Council Members ABSENT for the Meeting:
None
guth Hodges-Smith, CMC/AAE
- 18 -
Item VI-E.l.
MINUTES ITEM # 32574
Upon motion by Vice Mayor Fentress, seconded by Councilman Moss, City Council
APPROVED the MINUTES of the IMFORMAL AND FORMAL SESSIONS of March 19, 1990.
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
- 19 -
Item VI-F.l.
CITY MANAGER'S PRESENTATIONS ITEM # 32575
WETLANDS AND SOUTHEASTERN EXPRESSWAY
Louis Cullipher, Director of Agriculture, advised there appears to be a shift
in the enforcement of Section 404 of the Clean Water Act. Normally Agricultural
and Forestry practices are exempt; however, when hydric soils are converted to
any other use that conversion is not exempt.
The definition of hydric soils is very broad. Mr. Cullipher advised several
Federal Agencies are concerned with Section 404 of the Clean Water Act:
Corps of Engineers - Permitting agency for the Wetlands
Environmental Protection Agency - Reviews guidelines and
interpretations of certain sections, i.e. the exemption section.
(The Corps of Engineers and EPA have the shared
responsibility of enforcement)
U.S. Fish and Wildlife Service - Responsibility pertaining to
threatening of endangered species and the wildlife habitat.
National Marine Fisheries Services - Performs the review function.
USDA Soil Conservation Service - Not a part of the Section 404 of
the Clean Water Act, but are a partner in developing the joint
manual and have responsibility with the Food and Security Act of
1985 which specified the Swamp Busters Bill.
Mr. Cullipher cited the following State agencies:
State Water Control Board - Has the responsibility of Section 401
in the Clean Water Act, as well as joint review responsibility
particularly, as it impacts water quality.
Chesapeake Bay Local Assistance Board - Has responsibility through
the Chesapeake Bay Preservation Act particularly in designating
the Chesapeake Bay Protection Areas.
In examining specific cases, Mr. Cullipher referenced the Hobbs Case in
Gloucester County, a farmer converted forest land on hydric soils to pasture.
He was convicted under Section 404 of the Clean Water Act. These soils are
similar to the soils in Virginia Beach. Other cases entail the Military
Retirement Community on Old Dam Neck Road which is non-tidal Wetlands, the
Southeastern Expressway, Corporate Landing and Princess Anne Road which
involves an abundance of agricultural land which, if developed, must be
converted. Mr. Cullipher advised in order for land to be exempt, documentation
must be provided that the hydrology has been changed.
Mr. Cullipher advised the City's accomplishments:
Hydric soil has been delineated in a Soil Survey.
A Public Awareness Education program is being conducted.
The City is working with the regulatory agencies to ascertain
the expectations.
Technical assistance is being provided to firms and
individuals.
The City is planning for the implementation of the Chesapeake
Bay Preservation Act.
Data is being collected.
Other states are being contacted relative their experiences.
- 20 -
Item VI-F.l.
CITY MANAGER'S PRESENTATIONS ITEM # 32575 (Continued)
WETLANDS AND SOUTHF-ASTERN EXPRESSWAY
Robert J. Scott, Director of Planning, advised the most important project
affected by the EPA is the Southeastern Expressway.
In October 1989, McGuire, the Consultant for VDOT on the Southeastern
Expressway Project, completed and submitted in accordance with law, a Draft
Environmental Impact Statement for the project. On January 9, 1990 a Joint
Meeting of State and Federal officials with City Staff was held at the
Southeastern Virginia Planning District Commission Office. The EPA had
completed their review, but had not submitted their written comments. On
January 12, 1990, the written comments from EPA became available and listed a
number of deep concerns EPA had with the program. On February 7, 1990, a
meeting was held with VDOT, the Consultants involved, and the City of
Chesapeake representatives to discuss these comments. On February 22, 1990, the
City staff met with the agencies involved and the areas of concern were
identified. The Corps of Engineers and the EPA seemed to be of the same opinion
on the project. There is a Memorandum of Agreement between the Corps and the
EPA which delineates the expectations and roles of each. A Committee was to be
established comprised of a Steering Committee and five Subcomittees composed of
all local and State representatives, as well as other appropriate individuals
to identify and address the areas of concern expressed in the written comments
from EPA and to attempt to derive an amendable solution to the problem.
Mr. Scott reiterated the concerns of EPA:
An EU3 (Envirorunentally unacceptable) Rating was given for the
Southeastern Expressway alignments.
The need for a Southeastern Expressway facility has not been
adequately substantiated based on future population and land use
development projections.
There is a need for additional analysis of the "no build"
alternative.
Other transportation alternatives had not been adequately
analyzed.
The loss of Wetlands had not been adequately analyzed and actual
Wetlands loss had been underestimated.
The restoration actions of the lost Wetlands had not been
adequately analyzed.
Concerns were raised related to air pollution, noise and farm land
impact.
The final working papers of the aforementioned Steering Committee and five
Subcomittees will be attached to the DRAFT EIS (Envirorunental Impact Statement)
as an appendix. In lieu of a full suppiemental EIS or of elevation of this
matter to the Council on Environmental Quality, it is hoped this will be
acceptable.
The next step would be to identify a mutually acceptable alignment, hopefully
by Mid-1990.
- 21 -
Item VI-F.2.
CITY MANAGER'S PRESENTATIONS ITEM # 32576
COMPLETE COUNT COMMITTEE
Martha J. Sims, Chairman of the Mayor's COMPLETE COUNT COMMITTEE, advised the
1990 census will be the twenty-first in the Nation's history, as well as the
largest and most complex. The Census Bureau expects to count over 250-MILLION
people as well as 106-MILLION housing units.
In Virginia Beach, census forms have already been delivered to the
Pungo/Blackwater/Courthouse and Red Mill Farms areas. Others will receive their
forms by mail on March Twenty-third. Five out of six households will receive a
short form containing fourteen questions. One in six households will receive
the long form containing fifty-nine questions.
All of the questions are combined to provide a statistical profile of the
various geographical areas. The answers on the Census are CONFIDENTIAL for 72
years.
An accurate population count is critical to Virginia Beach. Millions of Federal
and State dollars are allocated to the City each year based on Census
population. Political representation and redistricting are based on Census
population.
Approximately 2.2-MILLION individuals chose not to answer the census in 1980.
The Census Bureau estimates a City loses between $400 and $600 each year for
every person not counted.
The Mayor's COMPLETE COUNT COMMITTEE is comprised of 67 citizens representing a
broad cross section of the City.
March Twenty-second is Shelter Night. Census workers will be going to the
homeless shelters, soup kitchens and other localities frequented by the
homeless to physically perform counts of the homeless in Virginia Beach. A
rally in being planned for Saturday, March 24, 1990, at the Seatack Community
Center, sponsored and funded by the League of Women Voters. There is a
Voluntary Assistance Center at the Creeds Elementary School for assistance to
citizens in completing their census forms. Another will soon be established at
the Seatack Community Center. Television and radio public service
announcements.
- 22 -
Item VI-G.I.
PUBLIC HEARING ITEM # 32577
Mayor Oberndorf DECLARED A PUBLIC HEARING:
Acquisition of property, temporary or permanent
easements for right-of-way, either by agreement or
condemnation, for the Lake Caston Water Pipeline.
There being no speakers, Mayor Oberndorf CLOSED the PUBLIC HEARING.
- 23 -
Item VI-H.
ORDINANCES ITEM # 32578
Upon motion by Vice Mayor Fentress, seconded by Councilman Balko, City Council
ADOPTED:
Ordinances to authorize acquisition of property,
temporary and permanent easements for right-of-way,
either by agreement or condemnation, for the Lake Gaston
Water Pipeline:
Existing and proposed private access roads at the
Northern terminus of Route 604, Powellton District,
Brunswick County.
Private roads at Route 600, Powellton District,
Brunswick County.
Parcels 002-A, 004-A, 005-A and 006-A, Powellton
District, Brunswick County.
Parcel 010-A, Powellton District, Brunswick County.
Parcels 020, 022, 041, 053 and 055, Powellton
District, Brunswick County.
Parcel 163, Windsor District, Isle of Wight County.
Parcel 171, Windsor District, Isle of Wight County.
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
I AN ORDINANCE TO AUTHORIZE
2 ACQUISITION OF PROPERTY FOR RIGHT-
3 OF-WAY FOR THE LAKE GASTON WATER
4 PIPELINE AND THE ACQUISITION OF
5 TEMPORARY AND PERMANENT EASEMENTS OF
6 RIGHT-OF-WAY, EITHER BY AGREEMENT OR
7 CONDEMNATION
8
9
10 WHEREAS, in the opinion of the Council of the City of
11 Virginia Beach, Virginia, a public necessity exists for the
12 construction of this important water pipeline to provide a source
13 of raw water supply to the City and for other public purposes for
14 the preservation of the safety, health, peace, good order,
15 comfort, convenience, and for the welfare of the people in the
16 City of Virginia Beach:
17 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE
18 CITY OF VIRGINIA BEACH, VIRGINIA:
19 Section 1. That the City Attorney is hereby authorized
20 and directed to acquire by purchase or condemnation pursuant to
21 Sections 15.1-292, et seq., 15.1-898, 15.1-899, 25-46.1, et seq.,
22 25-232, et seq., and 33.1-119, et seq., Code of Virginia of 1950,
23 as amended, all that certain real property, including temporary
24 and permanent easements of right-of-way as shown on the plat for
25 private access roads, said plat is entitled "Sketch Showing
26 Existing and Proposed Private Access Roads Located at the Northern
27 Terminus of State Route 604 and Southeast of the Proposed Lake
28 Gaston Water Supply Project, Powellton District - Brunswick
29 County, Virginia, Scale: 111 = 2001, February 14, 1989, Rouse-
30 Sirine Associates Ltd.," said plat being on file in the Department
31 of Public Utilities, Water Resources Division Office, Virginia
32 Beach, Virginia.
33 Section 2. That the City Attorney is hereby authorized
34 to make or cause to be made on behalf of the City of Virginia
35 Beach, to the extent that funds are available, a reasonable offer
36 to the owners or persons having an interest in said lands. if
37 refused, the City Attorney is hereby authorized to institute
38 proceedings to condemn said property.
3 9 That an emergency is hereby declared to exist and this
40 ordinance shall be in force and effect from the date of its
41 adoption.
42 Adopted by the Council of the City of Virginia Beach,
43 Virginia, on the 19 day of Liarch 1990.
44
45
46 JAS/awj
47 3-8-90
48 CA-3660
49 Gaston6.ord
50
AP
D-ZPAIZIt/,EINT
APPP,-,@!-@D AS TO LE(7--AL
S.U@F@CIEI@CY A@,@'@D
2
1 AN ORDINANCE TO AUTHORIZE
2 ACQUISITION OF PROPERTY FOR RIGHT-
3 OF-WAY FOR THE LAKE GASTON WATER
4 PIPELINE AND THE ACQUISITION OF
5 TEMPORARY AND PERMANENT EASEMENTS OF
6 RIGHT-OF-WAY, EITHER BY AGREEMENT OR
7 CONDEMNATION
8
9
10 WHEREAS, in the opinion of the Council of the City of
11 Virginia Beach, Virginia, a public necessity exists for the
12 construction of this important water pipeline to provide a source
13 of raw water supply to the City and for other public purposes for
14 the preservation of the safety, health, peace, good order,
15 comfort, convenience, and for the welfare of the people in the
16 City of Virginia Beach:
17 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE
18 CITY OF VIRGINIA BEACH, VIRGINIA:
19 Section 1. That the City Attorney is hereby authorized
20 and directed to acquire by purchase or condemnation pursuant to
21 Sections 15.1-292, et seq., 15.1-898, 15.1-899, 25-46.1, et sea.,
22 25-232, et seq., and 33.1-119, et seq., Code of Virginia of 1950,
23 as amended, all that certain real property, including temporary
24 and permanent easements of right-of-way as shown on the plat for
25 existing private roads, said plat is entitled "Sketch of Existing
26 Private Roads Lying Between St. Rte 600 and the Proposed Lake
27 Gaston Water Supply Project, Powelton District - Brunswick County,
28 Virginia, Scale: 1" = 600't, August 1988, Rouse-Sirine Associates
29 Ltd.," said plat being on file in the Department of Public
30 Utilities, Water Resources Division Office, Virginia Beach,
31 Virginia.
32 Section 2. That the City Attorney is hereby authorized
33 to make or cause to be made on behalf of the City of Virginia
34 Beach, to the extent that funds are available, a reasonable offer
35 to the owners or persons having an interest in said lands. if
36 refused, the City Attorney is hereby authorized to institute
37 proceedings to condemn said property.
38 That an emergency is hereby declared to exist and this
39 ordinance shall be in force and effect from the date of its
40 adoption.
41 Adopted by the Council of the City of Virginia Beach,
42 Virginia, on the 19 day of March 1 1990.
43
44
45 JAS/awj
46 3-8-90
47 CA-3662
48 Gaston7.ord
49
MENT
AP-rR(-IVED AS TO LFCAL
2
i AN ORDINANCE TO AUTHORIZE
2 ACQUISITION OF PROPERTY FOR RIGHT-
3 OF-WAY FOR THE LAKE GASTON WATER
4 PIPELINE AND THE ACQUISITION OF
5 TEMPORARY AND PERMANENT EASEMENTS OF
6 RIGHT-OF-WAY, EITHER BY AGREEMENT OR
7 CONDEMNATION
8
9
10 WHEREAS, in the opinion of the Council of the City of
11 Virginia Beach, Virginia, a public necessity exists for the
12 construction of this important water pipeline to provide a source
13 of raw water supply to the City and for other public purposes for
14 the preservation of the safety, health, peace, good order,
15 comfort, convenience, and for the welfare of the people in the
16 City of Virginia Beach:
17 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE
18 CITY OF VIRGINIA BEACH, VIRGINIA:
19 Section 1. That the City Attorney is hereby authorized
20 and directed to acquire by purchase or condemnation pursuant to
21 Sections 15.1-292, et seq., 15.1-898, 15.1-899, 25-46.1, et seq.,
22 25-232, et seq., and 33.1-119, et seq., Code of Virginia of 1950,
23 as amended, all that certain real property, including temporary
24 and permanent easements of right-of-way as shown on the plats for
25 Parcels 002-A, 004-A, 005-A and 006-A, each plat being entitled
26 "Plat Showing Acquisition for Lake Gaston Water Supply Project
27 (CIP 5-964), Powellton District - Brunswick County, Virginia,
28 Scale: 111 = 1001, January 19, 1990, Rouse-Sirine Associates
29 Ltd.,-' said plats being on file in the Department of Public
30 Utilities, Water Resources Division Office, Virginia Beach,
31 Virginia.
32 Section 2. That the City Attorney is hereby authorized
33 to make or cause to be made on behalf of the City of Virginia
34 Beach, to the extent that funds are available, a reasonable offer
35 to the owners or persons having an interest in said lands. if
36 refused, the City Attorney is hereby authorized to institute
37 proceedings to condemn said property.
38 That an emergency is hereby declared to exist and this
39 ordinance shall be in force and effect from the date of its
40 adoption.
41 Adopted by the Council of the City of Virginia Beach,
42 Virginia, on the 19 day of Mar,h 1990.
43
44
45 JAS/awj
46 2-2 2-90
47 CA-3658
48 Gaston4.ord
49
SICNA-,L
DEPAR7MENT
r) AS TO Lr
APPR VEL LCAL
2
1 AN ORDINANCE TO AUTHORIZE
2 ACQUISITION OF PROPERTY FOR RIGHT-
3 OF-WAY POR THE LAKE GASTON WATER
4 PIPELINE AND THE ACQUISITION OF
5 TEMPORARY AND PERMANENT EASEMENTS OF
6 RIGHT-OF-WAY, EITHER BY AGREEMENT OR
7 CONDEMNATION
8
9
10 WHEREAS, in the opinion of the Council of the City of
11 Virginia Beach, Virginia, a public necessity exists for the
12 construction of this important water pipeline to provide a source
13 of raw water supply to the City and for other public purposes for
14 the preservation of the safety, health, peace, good order,
15 comfort, convenience, and for the welfare of the people in the
16 City of Virginia Beach:
17 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE
18 CITY OF VIRGTNIA BEACH, VIRGINIA:
19 Section 1. That the City Attorney is hereby authorized
20 and directed to acquire by purchase or condemnation pursuant to
21 Sections 15.1-292, et seq., 15.1-898, 15.1-899, 25-46.1, et seq.,
22 25-232, et seq., and 33.1-119, et seq., Code of Virginia of 1950,
23 as amended, all that certain real property, including temporary
24 and permanent easements of right-of-way as shown on the plat for
25 Parcel 010-A, said plat is entitled "Plat Showing Acquisition for
26 Lake Gaston Water Supply Project (CIP 5-964), Powellton District -
27 Brunswick County, Virginia, Scale: 111 = 1001, January 19, 1990,
28 Rouse-Sirine Associates Ltd.," said plat being on file in the
29 Department of Public Utilities, Water Resources Division Office,
30 Virginia Beach, Virginia.
31 Section 2. That the City Attorney is hereby authorized
32 to make or cause to be made on behalf of the City of Virginia
33 Beach, to the extent that funds are available, a reasonable offer
34 to the owners or persons having an interest in said land. if
35 refused, the City Attorney is hereby authorized to institute
36 proceedings to condemn said property.
37 That an emergency is hereby declared to exist and this
38 ordinance shall be in force and effect from the date of its
39 adoption.
40 Adopted by the Council of the City of Virginia Beach,
41 Virginia, on the 19 day of march 1990.
42
43
44 JAS/awj
45 2-2 2-90
46 CA-3659
47 Gaston5.ord
48
A
SIGNATURE
DEPARTMENT
APPROVED AS Tf-' LEGAL
sU, F@C@E@iCY A'.,@D F"', g%A
NEY
2
1 AN ORDINANCE TO AUTHORIZE
2 ACQUISITION OF PROPERTY FOR RIGHT-
3 OF-WAY FOR THE LAKE GASTON WATER
4 PIPELINE AND THE ACQUISITION OF
5 TEMPORARY AND PERMANENT EASEMENTS OF
6 RIGHT-OF-WAY, EITHER BY AGREEMENT OR
7 CONDEMNATION
8
9
10 WHEREAS, in the opinion of the Council of the City of
11 Virginia Beach, Virginia, a public necessity exists for the
12 construction of this important water pipeline to provide a source
13 of raw water supply to the City and for other public purposes for
14 the preservation of the safety, health, peace, good order,
15 comfort, convenience, and for the welfare of the people in the
16 City of Virginia Beach:
17 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE
18 CITY OF VIRGINIA BEACH, VIRGINIA:
19 Section 1. That the City Attorney is hereby authorized
20 and directed to acquire by purchase or condemnation pursuant to
21 Sections 15.1-292, et seq., 15.1-898, 15.1-899, 25-46.1, et seq.,
22 25-232, et seq., and 33.1-119, et seq., Code of Virginia of 1950,
23 as amended, all that certain real property, including temporary
24 and permanent easements of right-of-way as shown on the plats for
25 Parcels 020, 022, 041, 053 and 055, each plat being entitled "Plat
26 Showing Acquisition for Lake Gaston Water Supply Project (CIP 5-
27 964), Powellton District - Brunswick County, Virginia, Scale: 111
28 = 1001, October 9, 1986, Rouse-Sirine Associates Ltd.," said plats
29 being on file in the Department of Public Utilities, Water
30 Resources Division Office, Virginia Beach, Virginia.
31 Section 2. That the City Attorney is hereby authorized
32 to make or cause to be made on behalf of the City of Virginia
33 Beach, to the extent that funds are available, a reasonable offer
34 to the owners or persons having an interest in said lands. if
35 refused, the City Attorney is hereby authorized to institute
36 proceedings to condemn said property.
37 That an emergency is hereby declared to exist and this
38 ordinance shall be in force and effect from the date of its
39 adoption.
40 Adopted by the Council of the City of Virginia Beach,
19 March
41 Virginia, on the day of 1990.
42
43
44 JAS/awj
45 2-22-90
46 CA-3648
47 Gastonl.ord
48
Ar@
2
1 AN ORDINANCE TO AUTHORIZE
2 ACQUISITION OF PROPERTY FOR RIGHT-
3 OF-WAY FOR THE LAKE GASTON WATER
4 PIPELINE AND THE ACQUISITION OF
5 TEMPORARY AND PERMANENT EASEMENTS OF
6 RIGHT-OF-WAY, EITHER BY AGREEMENT OR
7 CONDEMNATION
B
9
10 WHEREAS, in the opinion of the Council of the City of
11 Virginia Beach, Virginia, a public necessity exists for the
12 construction of this important water pipeline to provide a source
13 of raw water supply to the City and for other public purposes for
14 the preservation of the safety, health, peace, good order,
15 comfort, convenience, and for the welfare of the people in the
16 City of Virginia Beach:
17 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE
18 CITY OF VIRGINIA BEACH, VIRGINIA:
19 Section 1. That the City Attorney is hereby authorized
20 and directed to acquire by purchase or condemnation pursuant to
21 Sections 15.1-292, et seq., 15.1-898, 15.1-899, 25-46.1, et seq.,
22 25-232, et seq., and 33.1-119, et seq., Code of Virginia of 1950,
23 as amended, all that certain real property, including temporary
24 and permanent easements of right-of-way as shown on the plat for
25 Parcel 163, said plat is entitled "Plat Showing Acquisition for
26 Lake Gaston Water Supply Project (CIP 5-964), Windsor District -
27 Isle of Wight County, Virginia, Scale: 111 = 1001, December 1986,
28 Revised: December 27, 1989, Rouse-Sirine Associates Ltd.," said
29 plat being on file in the Department of Public Utilities, Water
30 Resources Division Office, Virginia Beach, Virginia.
31 Section 2. That the City Attorney is hereby authorized
32 to make or cause to be made on behalf of the City of Virginia
33 Beach, to the extent that funds are available, a reasonable offer
34 to the owners or persons having an interest in said lands. if
35 refused, the City Attorney is hereby authorized to institute
36 proceedings to condemn said property.
37 That an emergency is hereby declared to exist and this
38 ordinance shall be in force and effect from the date of its
39 adoption.
4 0 Adopted by the Council of the City of Virginia Beach,
41 Virginia, on the 19 day of March 1990.
42
43
44 JAS/awj
45 2-2 2-90
46 CA-3650
47 Gaston3.ord
48
DP A,,'@@ tA @'i
APPRO@IE,-) A,- T'_';-
1,A
NEY
2
1 AN ORDINANCE TO AUTHORIZE
2 ACQUISITION OF PROPERTY FOR RIGHT-
3 OF-WAY FOR THE LAKE GASTON WATER
4 PIPELINE AND THE ACQUISITION OF
5 TEMPORARY AND PER14ANENT EASEMENTS OF
6 RIGHT-OF-WAY, EITHER BY AGREEMENT OR
7 CONDEMNATION
8
9
10 WHEREAS, in the opinion of the Council of the City of
11 Virginia Beach, Virginia, a public necessity exists for the
12 construction of this important water pipeline to provide a source
13 of raw water supply to the City and for other public purposes for
14 the preservation of the safety, health, peace, good order,
15 comfort, convenience, and for the welfare of the people in the
16 City of Virginia Beach:
17 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE
18 CITY OF VIRGINIA BEACH, VIRGINIA:
19 Section 1. That the City Attorney is hereby authorized
20 and directed to acquire by purchase or condemnation pursuant to
21 Sections 15.1-292, et seq., 15.1-898, 15.1-899, 25-46.1, et 'seg.,
22 25-232, et seq., and 33.1-119, et seq., Code of Virginia of 1950,
23 as amended, all that certain real property, including temporary
24 and permanent easements of right-of-way as shown on the plat for
25 Parcel 171, said plat is entitled "Plat Showing Acquisition for
26 Lake Gaston Water Supply Project (CIP 5-964), Windsor District -
27 Isle of Wight County, Virginia, Scale: 1" = 50', March 1, 1990,
28 Rouse-Sirine Associates Ltd., " said plat being on file in the
29 Department of Public Utilities, Water Resources Division Office,
30 Virginia Beach, Virginia.
31 Section 2. That the City Attorney is hereby authorized
32 to make or cause to be made on behalf of the City of Virginia
33 Beach, to the extent that funds are available, a reasonable offer
34 to the owners or persons having an interest in said lands. if
35 refused, the City Attorney is hereby authorized to institute
36 proceedings to condemn said property.
37 That an emergency is hereby declared to exist and this
38 ordinance shall be in force and effect from the date of its
39 adoption.
4 0 Adopted by the Council of the City of Virginia Beach,
41 Virginia, on the 19 day of March 1990.
42
43
44 JAS/awj
45 2-2 2-90
46 CA-3649
47 Gaston2.ord
48
Ai-
D'@PARTt,AE@ll
APPROVE7,) A@ '@7@,7@AL
SUFFICIE@@'@-i
2
- 24 -
Item VI-H.2.
ORDINANCES ITEM # 32579
Upon motion by Councilman Balko, seconded by Vice Mayor Fentress, City Council
ADOPTED:
Ordinance to authorize a temporary encroachment
into a portion of the right-of-way of 72nd Street
to J. Robert and Janet Carlton re allowing existing
brick border wall and installation of exposed
aggregate concrete parking area (LYNNHAVEN
BOROUGH).
The following conditions shall be required:
1. The owner agrees to remove the encroachment when
notified by the City of Virginia Beach, at no
expense to the City.
2. The owner agrees to keep and hold the City free and
harmless of any liability as a result of the
encroachment.
3. The owner agrees to maintain said encroachment so
as not to become unsightly or a hazard.
4. The owner must submit, and have approved, a traffic
control plan before commencing work within the
City's right-of-way.
5. Prior to any construction within the existing
public right-of-way, the owner or his agent shall
obtain a permit from the Highway Inspections
Bureau.
6. Prior to issuance of a Highway permit, the owner or
his agent must post a Performance Bond and show
proof of public liability (minimum $300,000).
Voting: 10-1
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, John
D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker
John L. Perry and William D. Sessoms, Jr.
Council Members Voting Nay:
Reba S. McClanan
Council Members Absent:
None
1 '.Iequested by Department of Public Works
2 AN ORDINANCE TO AUTHORIZE
3 A TEMPORARY ENCROACHMENT
4 INTO A PORTION OF THE
RIGHT-OF-WAY OF 72ND
6 STREET TO J. ROBERT
7 CARLTON AND JANET CARLTON,
8 HUSBAND AND WIFE, THEIR
9 HEIRS, ASSIGNS AND
10 SUCCESSORS IN TITLE
11 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
12 BEACH, VIRGINIA:
13 That pursuant to the authority and to the extent thereof
14 contained in Section 15.1-893, Code of Virginia, 1950, as amended,
15 J. Robert Carlton and Janet Carlton, their heirs, assigns and
16 successors in title, are authorized to construct and maintain a.
17 temporary encroachment into the right-of-way of 72nd Street.
18 That the temporary encroachment herein authorized is for
19 the purpose of allowing an existing brick border wall to remain in
20 place, as well as allowing the installation of an exposed
21 aggregate concrete parking area, and that said encroachment shall
2'.) be constructed and maintained in accordance with the City of
23 Virginia Beach Public Works Department's specifications as to
24 size, aligriment and location, and further that such temporary
25 encroachment is more particularly described as follows:
26 An area of encroachment into a
27 portion of the City's right-of-way
@8 known as 72nd Street, on the certain
29 plat entitled: "SITE PLAN FOR
30 PROPOSED DUPLEX SCALE: 1"=20' DATE:
31 MAR 16, 189 7110 OCEAN FRONT -
32 VIRGINIA BEACH, VIRGINIA," a copy of
13 which is on file in the Department
34 of Public Works and to which
35 refetence is made for a more
36 particular description.
37 PROVIDED, HOWEVER, that the temporary encroachment
38 herein authorized shall terminate upon notice by the City of
39 Virginia Beach to J. Robert Carlton and Janet Carlton, husband and
40 wife, their heirs, assigns and successors in title and that within
41 thirty (30) days after such notice is given, said encroachment
42 shall be removed from the City's right-of-way of 72nd Street and
43 that J. Robert Carlton and Janet Carlton, husband and wife, their
44 heirs, assigns and successors in title shall bear all costs and
45 expenses of such removal.
46 AND, PROVIDED FURTHER, that J. Robert Carlton and Janet
47 Carlton, husband and wife, agree to maintain said encroachment so
48 as not to become unsightly or a hazard.
49 AND, PROVIDED FURTHER, that J. Robert Carlton and Janet
50 Carlton, husband and wife, must submit and have approved a traffic
51 control plan before commencing work in the City's right-of-way.
52 AND, PROVIDED FURTHER, that J. Robert Carlton and Janet
53 Carlton, husband and wife, must obtain a permit from the Highway
54 Inspections Bureau prior to commencing any construction within the
55 City's right-of-way.
56 AND, PROVIDED FURTHER, that prior to issuance of a
57 highway permit, J. Robert Carlton and Janet Carlton, husband and
58 wife, must post a Performance Bond and show proof of public
59 liability insurance of a minimum of Three Hundred Thousand Dollars
60 ($300,000.00).
61 AND, PROVIDED FURTHER, that J. Robert Carlton and Janet
62 Carlton, husband and wife, their heirs, assigns and successors in
63 title, shall indemnify and hold harmless the City of Virginia
64 Beach, its agents and employees from and against all claims,
65 damages, losses and expenses including reasonable attorney's fees
66 in case it shall be necessary to file or defend an action arising
67 out of the location or existence of such encroachment.
68 AND, PROVIDED FURTHER, that this ordinance shall not be
69 in effect until such time that J. Robert Carlton and Janet
70 Carlton, husband and wife, execute an agreement with the City of
71 Virginia Beach encompassing the aforementioned provisions.
72 Adopted by the Council of the City of Virginia Beach,
73 Virginia, on the 19 day of March 19 90
74 JAS/jls i L
75 02/22/90
76 CA-89-3489
77 (ordin\noncode\carlton.ord)
2
CIC@
SEASHORE STATE P
PROJECT SITE
SEE GRID L6
@l@.All@ l@IE
LIT@
@A. .11 l@
v d C..@. G ... d Sl@li.@
LOCATION MAP
THIS AGREEMENT, made this ly@r-11 day of
CITY OF VIRGINIA BEACH, VIRGINIA, a
19 by and between the
inunicipal corporation, party of the first part, and J. ROBERT
CARLTON and JANET CARLTON, husband and wife, THEIR HEIRS, ASSIG
NS
AND SUCCESSORS IN TITLE, parties of the second part.
W I T N E S S E T H:
That, WHEREAS, it is proposed by the parties of the
n
second part to allow an existing brick border wall to remain i
place, as well as allowing the installation of an exposed
aggregate concrete parking area in the City of Virginia Beach;
and
WHEREAS, in allowing such an existing brick border wall
to remain in place, as well as allowing the installation of an
exposed aggregate concrete parking area, it is necessary that the
said parties of the second part encroach into a portion of an
existing City right-of-way known as 72nd Street; and said parties
of the second part have requested that the party of the first
part grant a temporary encroachment to facilitate such an
existing brick border wall to remain in place, as well as
allowing the installation of an exposed aggregate concrete
parking area within a portion of the City's right-of-way known
as 72nd Street.
GPIN
NOW., TBEREFORE, for and in consideration of the
premises and of the benefits accruing or to accrue to the parties
)f the second part and for the further consideration of One
Dol.lar ($1.00), in hand paid, to the said party of the first
part, receipt of which is hereby acknowledged, the party of the
f irst part doth grant to the parties of the second part a
temporary encroachment to use a portion of the City's right-of-
way known as 72nd Street for the purpose of allowing such an
existing brick border ,iall to remain in place, as well as
allowing the installation of an exposed aggregate concrete
parking area . I
and agreed that such
Tt is expressly understood
temporary encroachment will be constructed and maintained in
accordance with the laws of the Commonw6alth of Virginia and the
City of Virginia Beach, and in accordance with the City of
Virginia Beach Public Works Department's specifications and
approval as to size, alignment and location and is more
I)articularly described as follows, to wit:
An area of encroachment into a portion of
the Citylsright-of-wayknownas 72ndStreet,
as shown on that certain plat entitled:
"SITE PLAN FOR PROPOSED DUPLEX SCALE: 111=20'
DATE: MAR 16, '89 7110 OCEAN FRONT - VIRGINIA
BEACII, VIRGINIA," a copy of which is attached
hereto as Exhibit "All and to which reference
is made for a more particular description.
It is further expressly understood and agreed that the
temporary encroachment herein authorized shall terminate upon
notice by the City of Virginia Beach to the parties of the second
2
part, and that within thirty (30) days after such notice is
given, such temporary encroachment shall be removed from the
City's right-of-way known as 72nd Street by the parties of the
second part; and that the parties of the second part shall bear
all costs and expenses of such removal.
It is further expressly understood and agreed that the
parties of the second part shall indemnify and hold harmless the
City of Virginia Beach, its agents and employees, from and
against all claims, damages, losses and expenses including
reasonable attorney's fees in case it shall be necessary to file
or defend an action arising out of the location or existence of
such temporary encroachment.
It is further expressly understood and agreed that
nothing herein --ontained shall be construed to enlarge such
and authority to permit the maintenance or
construction of any encroachment other than that specified herein
and to the limited extent specified herein, nor to permit the
maintenance and construction of any encroachment by anyone other
than the parties of the second part.
It is further expressly understood and agreed that the
parties of the second part agree to maintain said encroachment
so as not to become iinsightly or a hazard.
it is further expressly understood and agreed that the
parties of the second part must submit and have approved a
traffic control plan before commencing work in the City's right-
of-way.
3
it is further expressly understood and agreed that the
parties of the second part must obtain a permit from the Highway
Inspections Bureau prior to commencing any construction within
the City's right-of-way.
It is further expressly understood and agreed that
prior to issuance of a Highway permit, the parties of the second
part must post a Performance Bond and show proof of public
liability insurance of a minimum o@' Three Hundred Thousand
Dollars ($300,000.00).
It is further expressly understood and agreed that the
party of the first part, upon revocation of such authority and
permission so granted, may remove any such encroachment and
charge the cost thereof to the parties of the second part, and
collect the cost in any manner provided by law for the collection
of local or state taxes; may require the parties of the second
part to remove such temporary encroachment; and pending such
removal, the party of the first part may charge the parties of
the second part compensation for the use of such portion of the
City's right-of-way encroached upon the equivalent of what would
be the real property tax upon the land so occupied if it were
owned by the parties of the second part; and if such removal
shall not be made within the time ordered hereinabove by this
Agreement, the City shall impose a penalty in the sum of one
Huridred Dollars ($100.00) per day for each and every day that
such encroachment is allowed to continue thereafter, and shall
4
collect such compensation and penalties in any manner provided
by law for the collection of local or state taxes.
IN WITNESS WHEREOF, J. Robert Carlton and Janet
Carlton, husband and wife, the said parties of the second part
have caused this Agreement to be executed by their signatures and
seals duly affixed. Further, that the City of Virginia Beach has
caused this Agreement to be executed in its name and on its
behalf by its City Manager and its seal be liereunto affixed and
attested by its City Clerk.
CITY OF VIRGINIA BEACH
By City Manager
(SEAL)
ATTEST:
lity Clerk
,,@J. Robert Carlton
SEAL)
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 is signed to the foregoing Agreement bearing
5
date on the day of 19 has acknowledged
the same before me in my City and State aforesaid.
GIVEN under my hand this _ day of
19
My -ommission Expires: Notary Public
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
I, a NotaLry Public
in anci tor the City and State aforesaid, do hereby certify that
RUTH HODGES SMITH, City Clerk for the CITY OF VIRGINIA BEACH,
whose name is signed to the foregoing Agreement bearing date on
the day of 19 has acknowledged the
same before me in my City and State aforesaid.
GIVEN under my hand this day of
19
Notary Public
My Commission Expires:
STATE OF VIRGINIA
CITY OF @I BEA4CH_ to. 't
ic
a Notary Publ
in and for the City and State aforegi'd, do hereby certify that
J. Robert Carlton, whose name is signed to the foregoing writing,
bearing date the day of 19 Qq, has
acknowledged the same before me in my City and State aforesaid.
6
c@i.ven under my hand this day C)f
0
Notary Punilc
my Commission Expires:
STATE OF VIRGINIA
CITY OF_r
I a Notary Public
in and for the City and State o hereby certify that
Janet Carlton, whose name is signed to the foregoing writing,
19
_n, has
bearing date the day of
acknowledged the same before me in my City and State aforesaid.
Given under my hand this day of
Ro-t
My Commission Expires:
JAS/jls
Date: 09/21/89 AS TO
CA-89-3489
(encroach'\carlton.agr)
19
APPROVED AS TO CONTENTS
SIGNATURE
I-ZUFFICIENCY /@,!,.,'D
ATTORNEY
7
EXHIBIT "A"
13
CD f
- 25 -
Item VI-H.2.
ORDINANCES ITEM # 32580
Brenda McCormick, 417 16th Street, Phone: 491-2887, represented Mother's, Inc.
Jeff Cantell, P.O. Box 3861, Phone: 428-1463, represented the Interserve
Corporation
Upon motion by Vice Mayor Fentress, seconded by Councilwoman Henley, City
Council APPROVED, upon FIRST READING:
Ordinance to ACCEPT and APPROPRIATE $54,000 from
the U.S. Department of Housing and Urban
Development for a Federal Emergency Shelter Grant
to assist homeless activities; and, authorizing the
City Manager to execute an agreement accepting the
Grant.
Voting: 10-1
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 and William D. Sessoms, Jr.
Council Members Voting Nay:
John L. Perry
Council Members Absent:
None
ORDINANCE TO ACCEPT AND APPROPRIATE $54,000
FROM THE U.S. DEPARTMENT OF HOUSING AND URBAN DSVELOPMENT
FOR HOMELESS ASSISTANCE ACTIVITIES AND TO AUTHORIZE
THE CITY MANAGER TO EXECUTE AGREEMENTS REGARDING SUCH FUNDS
WHEREAS, the Stewart B. Mckinney Homeless Assistance Act
provides funds to local governments and others for homeless
assistance activities, and
WHEREAS, the U.S. Department of Housing and Urban
Development has received the City's application for Emergency
Shelter Grant funds under this act In the amount of $54,000, and
WHEREAS, the City's application specifies the activities to
receive such funds,
NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH that a grant of $54,000 from the U.S. Department
of Housing and Urban Development be accepted, and
BE IT FURTHER ORDAINED that the City Manager be authorlzed
to execute a Grant agreement with the U.S. Department of Housing
and Urban Development accepting such grant, and
BE IT FURTHER ORDAINED that funds In the amount of $54,009
be appropriated to the Department of Housing and Nelghborhood
Preservation to be used as specified In such grant application,
including the granting of funds to non-profit agencies for the
carrying out of homeless assistance activities, and
BE IT FURTHER ORDAINED that the City of Virginia Beach will
comply with all requirements of the grant agreement and
regulations of the U.S. Department of Housing and Urban
Development regarding such funds.
Adopted by the Council of the City of Virginia Beach this
day of 1990.
Approved as to Content Approved as to Form
A
Marlyiiii@ ustick, Director C@y Attorney
Department of Housing and
Neighborhood Preservation
FIRST READING: March 19, 1990
- 26 -
Item VI-I.
CONSENT AGENDA ITEM # 32581
Upon motion by Vice Mayor Fentress, seconded by Councilman Heischober, City
Council APPROVED in ONE MOTION Items 1, 2 (AS AMENDED), 3, 4, 5 and 6 of the
CONSENT AGENDA.
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
- 27 -
Item VI-I.1
CONSENT AGENDA ITEM # 32582
Upon motion by Vice Mayor Fentress, seconded by Councilman Heischober, City
Council ADOPTED:
Resolutions requesting the Virginia Department of
Transportation begin urban maintenance payments to
the City of Virginia Beach; and, to accept:
Additional Streets
Corrections to the revised road inventory.
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
RESOLUTION
WHEREAS, the Virginia Department of Transportation
requires a council resolution prior to accepting additional
streets for urban maintenance payments; and
WHEREAS, the attached streets have been constructed
in accordance with standards established by the Virginia
Department of Transportation; and
WHEREAS, the City of Virginia Beach has accepted
these streets and has agreed to maintain these streets, and
WHEREAS a representative from the Virginia
Department of Transportation has inspected and approved these
streets; now
THEREFORE BE IT RESOLVED, that the Council of the
City of Virginia Beach, Virginia does hereby request the
Virginia Department of Transportation to accept these streets
and to begin paying urban maintenance payments to the City of
Virginia Beach based on the established rate.
Adopted this 19 day of March 1990
CITY OF VIRGINIA BEACH, VIRGINIA
BY
JR.
AUBREY V. WATTS,
CITY MANAGER
ATTEST
RUTH HODGES SMITH
CLERK OF COUNCIL
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RESOLUTION
WHEREAS, the Virginia Department of Transportation
requires a council resolution prior to accepting corrections
to the revised road inventory for urban maintenance payments;
and
WHEREAS, the attached streets have been constructed
in accordance with standards established by the Virginia
Department of Transportation; and
WHEREAS, the City of Virginia Beach has accepted
these streets and has agreed to maintain these streets; and
WHEREAS, a representative from the Virginia
Department of Transportation has inspected and approved these
changes; now
THEREFORE BE IT RESOLVED, that the Council of the
City of Virginia Beach, Virginia does hereby request the
Virginia Department of Transportation to accept these
corrections and to begin paying urban maintenance payments to
the City of Virginia Beach based upon the established rate.
Adopted this -19 day of March 1990
CITY OF VIRGINIA BEACH
BY
AUBREY V. WATTS, JR.
CITY MANAGER
ATTEST
RUTH HODGES SMITH
CLERK OF COUNCIL
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- 28 -
Item VI-I.2
CONSENT AGENDA ITEM # 32583
Upon motion by Vice Mayor Fentress, seconded by Councilman Heischober, City
Council ADOPTED, AS AMENDED:
Resolution approving the location and major design
features of Military Highway (CIP 2-084);
requesting the Virginia Department of
Transportation to acquire all rights-of-way; and,
to authorize the City Manager to execute all
necessary railroad and utility agreements.
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
LOCATION AND DESIGN PUBLIC HEARING APPROVAL
RESOLUTION
WHEREAS, a Location and Design Public Hearing was conducted
on November 2, l9E39, in the City of Virginia Beach by
representatives of the Commonwealth of Virginia, Department of
Transportation after due and proper notice for the purpose of
considering the proposed location and design of Military Highway
Project 0013-134-101 in the City of Virginia Beach, at which
hearing aerial photographs, drawings, and other pertinent
information were made available for public inspection in
accordance with state and federal requirements; and
WHEREAS, all persons and parties in attendance were afforded
full oppprtunity to participate in said public h@aring; and
WHEREAS, the Council had previously requested the Virginia
Department of Transportation to program this project; and
WHEREAS, the Council considered all such matters; now
THEREFORE, BE IT RESOLVED that the Council of the City of
Virginia Beach hereby approves the location and major de5ign
features of the proposed project as presented at the Public
Hearing with the following modifications:
1) VDOT will eliminate the elevated left turn ramp from
southbound Military Highway onto eastbound Indian River Road; 2)
VDOT will review the proposed vertical clearance for the
replacement bridge 5tructure over the Elizabeth River with
respect to adversely impacting adjacent properties; 3) VDOT will
review the locations of median breaks and entrances preserving
the project design integrity; 4) VDOT will incorporate a three
to four-foot high berm with landscaping into the project to
reduce roadway impacts to the Elizabeth River Shores
neighborhood.
BE IT FURTHER RESOLVED that the City of Virginia Beach
requests the Virginia Department of Transportation to acquire all
rights-of-way necessary for thi5 project conveying said rights-
of-way to the City of Virginia Beach at the appropriate time.
and
BE IT FURTHER RESOLVED that the City Manager is hereby
authorized to execute, on behalf of the City of Virginia Beach
all necessary railroad and utility agreements required in
conJunction with acquiring such rights-of-way.
Adopted this 19 day of March I
-9 90
City of Virginia Beach,.Virginia
- 29 -
Item VI-I.3
CONSENT AGENDA ITEM # 32584
Upon motion by Vice Mayor Fentress, seconded by Councilman Heischober, City
Council ADOPTED:
Ordinances to TRANSFER:
*$114,000 from the Library
Department's FY 1989-1990 Operating
Budget to the Central Library Capital
Improvement Project re upgrading the
Library's Central Processing Unit.
$39,000 from General Services
Department's FY 1989-1990 Operating
Budget to the Department of Convention
and Visitor Development re purchase of
equipment and maintenance items for
the Pavilion.
*This Ordinance was incorrectly shown as $140,000 due to a typographical error
contained in said Ordinance.
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
I AN ORDINANCE TO TRANSFER $114,000 FROM THE
2 LIBRARY DEPARTMENT'S FY1989-90 OPERATING BUDGET
3 TO THE CENTRAL LIBRARY CAPITAL IMPROVEMENT PROJECT
4 TO UPGRADE THE DEPARTMENT'S CENTRAL PROCESSING UNIT
5 VHEREAS, the Library Department provides books and other materials to the
6 citizens of Virginia Beach for their own enjoyment, education, and personal
7 fulfillment;
8 VHEREAS, the department's central processing unit was installed at the
9 Central Library and serves all area libraries, Special Services, the Bookmobile,
10 the Wahab Law Library, and Municipal Reference;
11 WHEREAS, accessing books and materials has been automated on the central
12 processing unit in order to decrease the time required to manually search through
13 card catalogs;
14 VHEREAS, the demands placed on the central processing unit by the
15 increasing number of library users has exceeded projections, causing long lines
16 at the terminals, frustrating patrons, and resulting in inefficiencies;
17 VHEREAS, the Library Department wishes to upgrade the central processing
18 unit at an estimated cost of $190,000 with an expected capacity sufficient for
19 the next five years;
20 VHEREAS, funding can be provided by transferring $114,000 of the remaining
21 $300,000 originally provided by Council for additional books at the Central
22 Library to the Central Library CIP Project #3-905, and utilize the remaining
23 $76,000 balance in the project to provide the necessary $190,000.
24 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
25 BFACH, VIRGINIA, that $114,000 be transferred from the FY1989-90 General Fund
26 Operating Budget of the Library Department to the Capital Improvement Fund
27 Central Library Project #3-905 to provide the $190,000 necessary to upgrade the
28 central processing unit of the Library Department.
29 ADOPTED THE 19 DAY OF - March 1990, BY THE COUNCIL OF THE CITY OF
30 VIRGINIA BEACH, VIRGINIA.
31 This ordinance shall be in effect from the date of its adoption.
1 AN ORDINANCE TO TRANSFER $39,000 FROM THE
2 GENERAL SERVICES DEPARTMENT'S FY1989-90 OPERATING BUDGET
3 TO THE DEPARTMENT OF CONVENTION AND VISITOR DEVELOPMENT
4 TO PURCHASE EQUIPMENT AND MAINTENANCE ITEMS FOR PAVILION
5 WHEREAS, the General Services Department provides corrective and preventive
6 maintenance for City-owned facilities;
7 WHEREAS, the General Services Department was originally appropriated
8 $209,000 in the FY89-90 Operating Budget to paint the roof of Pavilion;
9 WHEREAS, General Services has determined that there are two items more
10 critical at this time than the roof's appearance: (1) the cooling tower servicing
11 the heating, ventilation and air conditioning system is beyond economic repair
12 and needs replacing, estimated at $40,000; and (2) the exterior wall surfaces
13 are showing areas in the caulking which are beginning to separate allowing water
14 to penetrate the building during hard rains, estimated at $130,000;
15 WHEREAS, the remaining $39,000 is available for transfer to the Department
16 of Convention and Visitor Development's FY89-90 Operating Budget to purchase
17 replacement equipment and maintenance items which are needed to insure Pavilion's
18 continued use a major convention facility;
19 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
20 BEACH, VIRGINIA, that of the $209,000 originally appropriated to General Services
21 to paint Pavilion's roof, $40,000 be used to replace Pavilion's cooling tower,
22 $130,000 be used to repair caulking on Pavilion's exterior walls, and the
23 remaining $39,000 balance be transferred to Convention and Visitor Development's
24 FY89-90 Operating Budget to purchase capital replacement and maintenance items
25 for Pavilion.
26
27 ADOPTED THE 19 DAY OF March 1990, BY THE COUNCIL OF THE CITY OF
28 VIRGINIA BEACH, VIRGINIA.
29 This ordinance shall be in effect from the date of its adoption.
- 30 -
Item VI-T.4
CONSENT AGENDA TTEM # 32585
Upon motion by Vice Mayor Fentress, seconded by Councilman Heischober, City
Council ADOPTED:
Ordinance to TRANSFER $68,689 within the FY 1989-
1990 Operating Budget of the Department of Mental
Health/Mental Retardation/ Substance Abuse re
acquiring State sponsored data processing equipment
and supplies and establish the Department's
Managment Information Systems (MIS).
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
1 AN ORDINANCE TO TRANSFER FUNDS IN THE AMOUNT
2 OF $68,689 WITHIN THE FY 89-90 OPERATING
3 BUDGET OF THE DEPARTMENT OF MENTAL HEALTH/ MENTAL RETARDATION/
4 SUBSTANCE ABUSE IN ORDER TO ACQUIRE STATE SPONSORED
5 DATA PROCESSING EQUIPMENT AND SUPPLIES
6 WHEREAS, The state Mental Health Funding Initiative has increased the
7 Virginia Beach Mental Health/Mental Retardation/Substance Abuse funding base by
8 $2.2 million in the current biennium;
9 WHEREAS, the state has sponsored automating finanacial and client data
10 tracking systems by establishing management informations systems (MIS) for all
11 departments of Mental Health/Mental Retardation/Substance Abuse, and the system
12 recommended by the Department of Data Processing is estimated to cost $131,689,
13 WHERFAS, the City Council has previously appropriated $63,000 from state
14 funding towards the acquisition of the MIS system;
15 WHEREAS, the state has supported the use of 100% state funding to
16 realize the implementation of MIS;
17 WHEREAS, the state has further required that all data processing
18 equipment and supplies be ordered and delivered prior to June 30th if 100 %
19 state funding is to be used;
20 WHEREAS, other 100% state funds are currently available within the FY
21 89/90 Operating Budget of the Department of Mental Health/Mental
22 Retardation/Substance Abuse that can be transferred for the acquistion of the
23 data processing equipment and supplies necessary to complete the implementation
24 of the MIS system.
25
26 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
27 VIRGINIA BEACH, VIRGINIA:
28 That funds in the amount of $68,689 be transferred within the FY 89/90
29 Budget of the Department of Mental Health/Mental Retardation/Substance Abuse in
30 order to meet the state deadline for establishing the department's MIS.
31 This ordinance shall be in effect from the date of its adoption.
32 Adopted by the Council of the City of Virginia Beach, Virginia on the
33 19 day of March 1 1990,
- 31 -
Item VI-I.5.a.
CONSENT AGENDA ITEM # 32586
Upon motion by Vice Mayor Fentress, seconded by Councilman Heischober, City
Council ADOPTED:
Ordinance to authorize temporary encroachments into
portion of right-of-way:
Princess Anne Road to Virginia Power re the
installation of a sprinkler system (KEMPSVILLE
BOROUGH).
The following conditions shall be required:
1. The owner agrees to remove the encroachment when
notified by the City of Virginia Beach, at no
expense to the City.
2. The owner agrees to keep and hold the City free and
harmless of any liability as a result of the
encroachment.
3. The owner agrees to maintain said encroachment so
as not to become unsightly or a hazard.
4. The owner must submit, and have approved, a
traffic control plan before commencing work
within the City's right-of-way.
5. Prior to any construction within the existing
public right-of-way, the owner or his agent shall
obtain a permit from the Highway Inspection Bureau.
6. Prior to issuance of a Highway permit, the owner or
his agent must post a Performance Bond and show
proof of public liability (minimum $300,000).
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
1. Requested by Department of Public Works
2 AN ORDINANCE TO AUTHORIZE
3 A TEMPORARY ENCROACHMENT
4 INTO A PORTION OF THE
5 RIGHT-OF-WAY OF PRINCESS
6 ANNE ROAD TO VIRGINIA
7 POWER, A VIRGINIA
8 CORPORATION, ITS ASSIGNS
9 AND SUCCESSORS IN TITLE
10 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
11 BEACH, VIRGINIA:
12 That pursuant to the authority and to the extent thereof
13 contained in Section 15.1-893, Code of Virginia, 1950, as amended,
14 Virginia Power, a Virginia corporation, its assigns and successors
15 in title, is authorized to construct and maintain a temporary
16 encroachment into the right-of-way of Princess Anne Road.
17 That the temporary encroachment herein authorized is for
18 the purpose of installing a sprinkler system and that said
19 encroachment shall be constructed and maintained in accordance
20 with the City of Virginia Beach Public Works Department's
21 specifications as to size, alignment and location, and further
22 that such temporary encroachment is more particularly described as
113 follows:
24 An area of encroachment into a portion of the
25 City's right-of-way known as Princess Anne
26 Road, as shown on that certain plat entitled:
27 "VIRGINIA POWER NORTH CAROLINA POWER
28 ENGINEERING AND CONSTRUCTION RICHMOND, VIRGINIA
29 VIRGINIA BEACH WEST DISTRICT HEADQUARTERS BLDG.
30 VIRGINIA BEACH, VIRGINIA," a copy of which is
31 on file in the Department of Public Works and
32 to which reference is made for a more
33 particular description.
34 PROVIDED, HOWEVER, that the temporary encroachment herein
35 authorized shall terminate upon notice by the City of Virginia
36 Beach to any off icer of Virginia Power, a Virginia corporation, its
37 assigns and successors in title and that within thirty (30) days
38 after such notice is given, said encroachment shall be removed from
39 the City's right-of-way of Princess Anne Road, and that Virginia
40 Power, a Virginia corporation, its assigns and successors in title,
41 shall bear all costs and expenses of such removal.
42 AND, PROVIDED FURTHER, that Virginia Power, a Virginia
43 corporation, agrees to maintain said encroachment so as not to
44 become unsightly or a hazard.
45 AND, PROVIDED FURTHER, that Virginia Power, a Virginia
46 corporation, must submit and have approved a traffic control plan
47 before commencing work in the City's right-of-way.
48 AND, PROVIDED FURTHER, that Virginia Power, a Virginia
49 corporation, must obtain a permit from the Highway Inspections
50 Bureau prior to commencing any construction within the City's
51 right-of-way.
52 AND, PROVIDED FURTHER, that Virginia Power, a Virginia
53 corporation, prior to issuance of a Highway permit, must post a
54 Performance Bond and show proof of public liability insurance of
55 a minimum of Three Hundred Thousand Dollars ($300,000.00).
56 AND, PROVIDED FURTHER, that it is expressly understood
57 and agreed that Virginia Power, a Virginia corporation, its assigns
58 and successors in title, shall indemnify and hold harmless the City
59 of Virginia Beach, its agents and employees from and against all
60 claims, damages, losses and expenses including reasonable
61 attorney's fees in case it shall be necessary to file or defend an
62 action arising out of the location or existence of such
63 encroachment.
64 AND, PROVIDED FURTHER, that this ordinance shall not be
65 in effect until such time that Virginia Power, a Virginia
66 corporation, executes an agreement with the City of Virginia Beach
67 encompassing the aforementioned provisions.
68 Adopted by the Council of the City of Virginia Beach,
69 Virginia, on the 19 day of March 19 90
70 JAS/ils
71 02/22/90
72 CA-89-3309
73 (ordin\noncode\virginia.ord)
2
PROJE
L@,,d F"
in
C, 0. 10,
10
LOCATION MAP
inade this day of
THIS AGREEMENT
19 by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a
municipal corporation, party of the first part, and VIRGINIA
I POWER, a Virginia corporation, ITS ASSIGNS AND SUCCESSORS IN
TITLE, party of the second part.
W I T N E S S E T H:
That, WHEREAS, it is proposed by the party of the
second part to allow the installation of a sprinkler system in
the City of Virginia Beach; and
WHEREAS, in allowing the installation of such a
sprinkler system, it is necessary that the said party of the
second part encroach into a portion of an existing City right-
of-way known as Princess Anne Road; and said party of the second
part has requested that the party of the f irst part grant a
temporary encroachment to facilitate the installation of such
sprinkler system within a portion of the City's right-of-wa
Y
known as Princess Anne Road.
NOW, THEREFORE, for and in consideration of the
premises and of the benefits accruing or to accrue to the party
of the second part and for the further consideration of one
Dollar ($1.00), in hand paid, to the said party of the first
GPIN
I)art, receipt of which is hereby acknowledged, the party of the
@lirst part doth grant to thc party of the second part a temporary
encroachment to use a portion of the City's right-of-way known
as Princess Anne Poad for the purpose of installing such
sprinkler systeip-
It is expressly understood and agreed that such
temporary encroachment will be constructed and maintained in
accordance with the laws of the Commonwealth of Virginia and the
City of Virginia Beach, and in accordance with the City of
Virginia Beach Public Works Department's specifications and
approval as to size, alignment and location and is more
particularly described as follows, to wit:
An area of encroachment into a portion of
the City's right-of-way known as Princess
Anne Road, as shown on that certain plat
entitled: "VIRGINIA POWER NORTH CAROLINA
POWER ENGINEERING AND CONSTRUCTION RICHMOND,
VIRGINIA VIRGINIA BEACH WEST DISTRICT
HEADQUARTERS BLDG. VIRGINIA BEACII, VIRGINIA,"
a copy of which is attached hereto as Exhibit
"All and to which reference is made for a mare
particular description.
It is further expressly understood and agreed that the
ternporary encroachment herein authorized shall terminate upcn
notice by the City of Virginia Beach to the party of the second
part, and that within thirty (30) days after such notice is
given, such temporary encroachment shall be removed from the
City's right-of-way known as Princess Anne Road by the party of
the second part; and that the party of the second part shall bear
all costs and expenses of such removal.
2
is furtber expressly understood and agreed that the
party of the second part sball indemnity and hold harmless the
City of Virginia Beach, its agents and employees, from and
against all claims, damages, losses and expenses including
reasonable attorney's fees in case it shall be necessary to file
or defend an action arising out of the location or existence of
such temporary encroachment.
It is further expressly understood and agreed that
nothing herein contained shall be construed to enlarge such
permission and authority to permit the maintenance or
-onstruction of any encroachment other than that specified herein
and to the limited extent specified herein, nor to permit the
maintenance and construction of any encroachment by anyone other
than the party of the second part.
it is further expressly understood and agreed that the
party of the second part agrees to maintain said encroachment so
as not to become unsightly or a hazard.
It is further expressly understood and agreed that the
party of the second part must submit and have approved a traffic
control plan before commencing work in the City's right-of-way.
It is further expressly understood and agreed that the
party of the second part must obtain a permit from the Highway
Inspections Bureau prior to commencing any construction within,
the City's right-of-way.
It is further expressly understood and agreed that
prior to issuance of a Highway permit, the party of the second
3
part must post a Performance Bond and show proof of public
Iliability insurance of a minimum of Three Hundred Thousand
Dollars ($300,000.00).
It is further expressly understood and agreed that
the party of the first part, upon revocation of sucti authority
and permission so granted, may remove any such encroachment and
charge the cost thereof to the party of the second part, and
collect the cost in any manner provided by law for the collection
of local or state taxes; may require the party of the second part
to remove such temporary encroachment; and pending such removal,
the party of the first part may charge the party of the second
part compensation for the use of such portion of the City's
right-of-way encroached upon the equivalent of what would be the
real property tax upon the land so occupied if it were owned by
the party of the second part; and if such removal shall not be
made within the time ordered hereinabove by this Agreement, the
City shall impose a penalty in the sum of One Hundred Dollars
($100.00) per day for each and every day that such encroachment
is allowed to continue thereafter, and shall collect such
compensation and penalties in any manner provided by law for the
collection of local or state taxes.
IN WITNESS WHEREOF, the said Virginia Power has caused
this Agreement to be executed in its corporate name and on its
vice
i behalf by its/president, and its corporate seal to be hereto
Assistant
affixed and duly attested by its /'corporate secretary with due
authority by its board of directors. Further, that the City of
4
'lirginia Beach has caused this Agreement to be executed in its
i iiame and on its behalf by its City Manager and its seal be
hereunto affixed and attested by its City Clerk.
CITY OF VIRGINIA BEACH
By
City Manager
(SEAL)
ATTEST:
City Clerk
VIRGINIA POWER
By
ffice President
'-EAL)
k @
A@?
(Title)
STATE OF VIRGINIA to-wit:
CITY OF VIRGINIA BEACH,
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 is signed to the foregoing Agreement bearing
date on the day of 19_, has acknowledged
the same before me in my City and State aforesaid.
5
GIVEN under my hand this day of
19
Notary Public
My commission Expires:
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
I, a Notary Public
in ana tor the City and State aforesaid, do hereby certify that
RUTH HODGES SMITH, City clerk for the CITY OF VIRGINIA BEACH,
ii whose name is signed to the foregoing Agreement bearing date on
the day of 19 -, has acknowledged the
same before me in my City and State aforesaid.
GIVEN under my hand this day of
Notary Public
14y Commission Expires:
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
a Notary Publi
c
in and for the City and State aforesaid, do hereby certify that
d@(Title) on behalf of
Virginia Power, a Virginia corporation, whose name is signed to
the foregoing writing, bearing date the day of
19 -1 has acknowledged the same before
ii me in my City and State aforesaid.
6
Given under my hand this day of
19 Y9-
6)Notary Public
my commission Expires:
STATE OF VIRGINIA
--ITY OF VIRGINIA BEACH, to-wit: a Notary Public
i, @ @)cz-c
in and for the Cit@ and State aforesaid, do hereby certify that
(Titll) on behalf of
Virginia @ovrer, a Virginia corporation, whose name is signed to
the foregoing writing, bearing date the day of
19@l, has acknowledged the same before
me in my City and State aforesaid.
Given under my hand this day of
19
v IC/,
ONotary Public
my commission Expires:
JAS/ils APPRO'QED AS T(.) CONTEN IS
Date: 08/31/89 1 - it)16 @
CA-89-3309 SIGNATURE
(encroach\virginia.agr)
DEPAPTMENT
APPROVED AS TO LEGAL
7
EXHIBIT ,"A"
.. .......... ...
CD
- 32 -
Item VI-I.5.b.
CONSENT AGENDA ITEM # 32587
Upon motion by Vice Mayor Fentress, seconded by Councilman Heischober, City
Council ADOPTED:
Ordinance to authorize temporary encroachment into
portion of right-of-way:
North Landing Road to Standard Transpipe
(Virginia), Inc. re replacing a 6-inch jet
fuel transmission line (PRINCESS ANNE BOROUGH).
The following conditions shall be required:
1. The owner agrees to remove the encroachment when
notified by the City of Virginia Beach, at no
expense to the City.
2. The owner agrees to keep and hold the City free and
harmless of any liability as a result of the
encroachment.
3. The owner agrees to maintain said encroachment so
as not to become unsightly or a hazard.
4. The owner must submit, and have approved, a
traffic control plan before commencing work
within the City's right-of-way.
5. Prior to any construction within the existing
public right-of-way, the owner or his agent shall
obtain a permit from the Highway Inspections Bureau.
6. Prior to issuance of a Highway permit, the owner or
his agent must post a Performance Bond and show
proof of public liability (minimum $300,000).
7. The owner shall make no open cut of a public
roadway unless the plan is approved by the City
Engineer.
8. The owner will agree to make any adjustments to the
replacement line and abandoned if required by the
City of Virginia Beach to facilitate future road
construction.
9. The owner agrees, if North Landing Road is widened
in the future and the jet fuel line ends up under
the pavement, that any further maintenance or
replacement of the line will be performed by
installing a new line outside of the pavement area,
possibly outside the right-of-way, as required by
the City of Virginia Beach, fully at the owner's
cost.
10. The owner agrees that the existing jet fuel line
will be abandoned in place and shall have all
products removed. The abandoned line will then be
filled with concrete grout and sealed at each end.
- 33 -
Item VI-I.5.b.
CONSENT AGENDA ITF14 # 32587 (Continued)
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
1 Requested by Department of Public Works
2 AN ORDINANCE TO AUTHORIZE
3 A TEMPORARY ENCROACHMENT
4 INTO A PORTION OF THE
5 RIGHT-OF-WAY OF NORTH
6 LANDING ROAD TO STANDARD
7 TRANSPIPE (VIRGINIA)
8 INC., A VIRGINIA
9 CORPORATION, ITS ASSIGNS
10 AND SUCCESSORS IN TITLE
11 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
12 BEACH, VIRGINIA:
13 That pursuant to the authority and to the extent
14 thereof contained in section 15.1-893, Code of Virginia, 1950, as
15 amended, Standard Transpipe (Virginia) Inc., a Virginia
16 corporation, its assigns and successors in title, is authorized
17 to construct and maintain a temporary encroaclunent into the
18 right-of-way of North Landing Road.
19 That the temporary encroachment herein authorized is
20 for the purpose of replacing a portion of a 6-inch jet fuel line
21 for maintenance reasons and that said encroachment shall be
22 constructed and maintained in accordance with the City of
23 Virginia Beach Public Works Department's specifications as to
24 size, aligriment and location, and further that such temporary
25 encroachment is more particularly described as follows:
26 An area of encroachment into a
27 portion of the City's right-of-way
28 known as North Landing Road as
29 shown on that certain plat
30 entitled: "PLAN OF JET FUEL LINE
31 REPLACEMENT LOCATED ON NORTH
32 LANDING ROAD BETWEEN WINSTON AVENUE
33 & INDIAN RIVER ROAD PRINCESS ANNE
34 BOROUGH - VIRGINIA BEACH, VIRGINIA
35 JERRY KELLY INC. NOVEMBER 28,
36 1988,11 a copy of which is on file
37 in the Department of Public Works
38 and to which reference is made for
39 a more particular description.
40 PROVIDED, HOWEVER, that the temporary encroachment
41 herein authorized shall terminate upon notice by the City of
42 Virginia Beach to any officer of Standard Transpipe (Virginia)
43 Inc., a Virginia corporation, its assigns and successors in title
44 and that within thirty (30) days after such notice is given, said
45 encroachment shall be removed from the City's right-of-way of
46 North Landing Road and that Standard Transpipe (Virginia) Inc., a
47 Virginia corporation, its assigns and successors in title, shall
48 bear all costs and expenses of such removal.
49 AND, PROVIDED FURTHER, that Standard Transpipe
50 (Virginia) Inc., a Virginia corporation, agrees to maintain said
51 encroachment so as not to become unsightly or a hazard.
52 AND, PROVIDED FURTHER, that Standard Transpipe
53 (Virginia) Inc., a Virginia corporation, must submit and have
54 approved a traffic control plan before conunencing work in the
55 City's right-of-way.
56 AND, PROVIDED FURTHER, that no open cut of the public
57 roadway shall be allowed except under extreme circumstances. Such
58 exceptions shall be submitted to the Highway Division, Department
59 of Public Works, for final approval.
60 AND, PROVIDED FURTHER, that Standard Transpipe
61 (Virginia) Inc., a Virginia corporation, must obtain a permit from
62 the Highway Inspections Bureau prior to commencing any
63 construction within the City's right-of-way.
64 AND, PROVTDED FURTHER, that Standard Transpipe
65 (Virginia) Inc. , a Virginia corporation, prior to issuance of a
66 Highway permit, must post a Performance Bond and show proof of
67 public liability insurance of a minimum of Three Hundred Thousand
68 Dollars ($300,000.00).
69 AND, PROVIDED FURTHER, that Standard Transpipe
70 (Virginia) Inc., a Virginia corporation, must make any adjustments
71 to the replacement line and abandoned line, if required by the
72 City of Virginia Beach to facilitate future road construction.
73 AND, PROVIDED FURTHER, that if North Landing Road is
74 widened in the future and the jet fuel line ends up under the
75 pavement, any further maintenance or replacement of the line will
76 be performed by replacing and/or relocating the line outside of
77 the pavement area, even possibly outside the right-of-way, as
78 required by the City of Virginia Beach, fully at the expense of
79 Standard Transpipe (Virginia) Inc., a Virginia corporation.
2
so AND, PROVIDED FURTHER, that Standard Transpipe
81 (Virginia) Inc., a Virginia corporation, agrees that the existing
82 jet fuel line will be abandoned in place and shall have all
83 product removed. The abandoned line will then be filled with
84 concrete grout and sealed at each end and shall be the
85 responsibility of Standard Transpipe (Virginia) Inc., a Virginia
86 corporation.
87 AND, PROVIDED FURTHER, that it is expressly understood
88 and agreed that Standard Transpipe (Virginia) Inc., a Virginia
89 corporation, its assigns and successors in title, shall indemnify
90 and hold harmless the City of Virginia Beach, its agents and
91 employees from and against all claims, damages, losses and
92 expenses including reasonable attorney's fees in case it shall be
93 necessary to file or defend an action arising out of the location
94 or existence of such encroachment.
95 AND, PROVIDED FURTHER, that this ordinance shall not be
96 in effect until such time that Standard Transpipe (Virginia) Inc.,
97 a Virginia corporation, executes an agreement with the City of
98 Virginia Beach encompassing the aforementioned provisions.
99 Adopted by the Council of the City of Virginia Beach,
100 Virginia, on the 19 day of March 19 90
101 JAS/jls
102 02/22/90
103 CA-89-3140
104 (ordin\noncode\standard.ord)
L:
@A
3
LOCATION
AG-2
AG-2
AG-2
AG-1
AG-2
In : i, I
I 1)
ET FUEL LINE LOCATI
I - I ,
I
I ---
i
I i
THIS AGREEMENT, made this @l-,/ day of
19@- by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a
un icipal corporation, party of the first part, and STANDARD
TRANSPIPE (VIRGINIA) INC., a Virginia corporation, ITS ASSIGNS
AND SUCCESSORS IN TITLE, party of the second party.
W I T N E S S E T H:
That, WHEREAS, it is proposed by the party of the
second part to replace a portion of a 6-inch jet fuel line for
maintenance reasons in the City of Virginia Beach; and
WHEREAS, in replacing a portion of such 6-inch jer
fuel line, it is necessary that the said party of the second
part encroach into a portion of an existing City right-of-way
known as North Landing Road; and said party of the second part
has requested that the party of the first part grant a temporary
encroachment to facilitate replacing a portion of such 6-inch
jet fuel line within a portion of the City's right-of-way known
as North Landing Road.
NOW, THEREFORE, for and in consideration of the
premises and of the benefits accruing or to accrue to the party
of the second part and for the further consideration of One
Dollar ($1.00) , in hand paid, to the said party of the first
GPIN #1492-98-1999
part, receipt of which is h,ereby acknowledged, the party of the
first part doth grant to the party of the second part a
temporary encroachment to use a portion of the City's right-
of-way known as North Landing Road for the purpose of
replacing a portion of such 6-inch jet fuel line.
It is expressly understood and agreed that such
temporary encroachment will be constructed and maintained in
I accordance with the laws of the Commonwealth of Virginia and
the City of Virginia Beach, and @.n accordance with the City of
Virginia Beach Public Works Department's specifications and
approval as to size, aligrunent and location and is more
particularly described as follows, to wit:
An area of encroachment into a portion of
the City's right-of-way known as North
Landing Road as sliown on that certain plat
erititled: "PLAN OF JET FUEL LINE REPLACE-
MENT LOCATED ON NORTH LANDING ROAD BETWEEN
WINSTON AVENUE & INDIAN RIVER ROAD PRINCESS
ANNE BOROUGH VIRGINIA BEACH, VIRGINIA
JERRY KELLY INC. NOVEMBER 28, 1988,11 a
copy of which is attached hereto and to
which reference is madc for a more
particular description.
It is further expressly understood and agreed that
the temporary encroachment herein authorized shall. terminate
upon notice by the City of Virginia Beach to the party of the
second part, and that within thirty (30) days after su.ch notice
11 is given, such temporary encroachment shall be removed from the
City's right-of-way kiiown as North Landing Road by the party of
the second part; and that the party of the second part shall
bear all costs and expenses of such reinoval.
2
Tt is further expressly understood and agreed that
the party of the second part shall indemnify and hold harmless
the City of Virginia Beach, its ageiits and employees, from and
agai.nst all claims, damages, losses and expenses including
rcasonable attorney's fees in case it shall be necessary to
file or defend an action arising out of the location or
existence of such temporary encroachment.
it is further expressly understood and agreed that
i-iothing herein contained shall be construed to enlarge such
permission and authority to permit the maintenance or
construction of any encroachment other than that specified
herein and to the liinited extent speci.fied herein, nor to
permit the maintenance and construction of any encroachment by
anyone other than the party of the second part.
It i.s furthcr expressly understood a.nd agreed that
the party of the second part must submit and have approved a
traffic control plan before commehcing work in the City's
right-of-way.
It is further expressly understood and agreed that
the party of the second part agrees that no open cut of the
public roadway shall be allowed except under extreme
circumstances. Such excepti-ons shall be submittcd to the
kiignway uivision, Department of Public Works, for final
approval.
I-t is further expressly understood and agreed that
the party of the second part iiiust obtain a permit from the
3
Highway inspections T3ureau p,ior to commencing any construction
within the City's right-of-way.
it is further expressly understood and agreed that
prior to issuance of a Highway permit, the party of the second
part inust Dost a Performance Bond and show proof of public
liability insurance of a minimum of Three Hundred Thousand
Dollars ($300,000).
it is further ext)ressly understood and agreed that the
party of the second part will make any adjustments to the
replacement line and abandoned line, if required by the party of
the first part to facilitate future road construction.
It is further expressly understood and agreed that, if
North Landing Road i8 widened in the future and the jet fuel
line ends up under the pavement, any further maintenance or
replacement of the line will be performed by installing a line
outside of the pavement area, even possibly outside the right-
of-way, as required by the party of the first part, fully at the
expense of the party of the second part.
It is further expressly understood that the party of
the second part agrees that the existing jet fuel line will be
abandoned in place and shall have all product removed. The
abandoned line will then be filled with concrete grout and
sealed at each end and sball be the responsibility of tbe party
of the second part.
4
It is further expressly understood and agreed that the
party of the first part, upon revocation of such authority and
permission so granted, may remove any such encroachment and
charge the cost thereof to the party of the second part, and
collect the cost in any manner provided by law for the
collection of local or state taxes; may require the party of the
second part to remove such temporary encroachment; and pending
such removal, the party of the first part may charge the party
of the second part compensation for the use of such portion of
the City's right-of-way encroached upon the equivalent of what
would be the real property tax upon the land so occupied if it
were owned by the party of the second part; and if such removal
shall not be made within the time ordered hereinabove by this
Agreement, the City shall impose a penalty in the sum of one
Hundred Dollars ($100.00) per day for each and every day that
such encroachment is allowed to continue thereafter, and shall
collect such compensation and penalties in any manner provided
by law for the collection of local or state taxes.
IN WITNESS WHEREOF, the said Standard Transpipe
(Virginia) Inc., a Virginia corporation, has caused this
Agreement to be executed in its corporate name and on its behalf @K
by its anci its corporate seal to be hereto
affixed and duly attested by its corporate secretary with due
authority by its board of directors. Further, that the City of
Virginia Beach has caused this Agreement to be executed in its
name and on its behalf by its City Manager and its seal be
hereunto affixed and attested by its City Clerk.
CITY OF VIRGINIA BEACH
By
City Manager
(SEAL)
ATTEST:
--c@ty- Clerk
STANDARD TRANSPIPE (VIRGINIA) INC.
By
(SEAL)
A-1-TEST.
(Titl@)
NTENT
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. , Ci-,y manager for the CITY
OF VIRGINIA BEACH, whose name is signed to the foregoing
Agreement bearing date on the day of 1.9
has acknowledged the same before me in my City and State
aforesaid.
GIVEN under my hand this day of
9
lic
My Commission Expires:
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
I, a Notary
Public in atid for the City and SEate aforesaid, do hereby
certify that RUTH HODGES SMITH, City Clerk for the CITY OF
VIRGINIA BEACH, whose name is signed to the foregoing Agreement
bearing date on the day of 19 _, has
acknowledged the same before me in my City and State aforesaid.
GIVEN under my hand this day of
19,
Notary Publ c
My Commissiori Expires:
7
STATE OF I exck5 b"rks
CITY OF tO-Wit'
a Not'aly
Public in and for the City and State aforesaid, do hereby
certify that p@Sid (Title)
on behalf of Standard Transpipe (Virginia) Inc., a Virginia
corporation, whose name is signed to the foregoing writing,
bearing date the @@ day of __ @Ler,@ -1 19 @ 9 ,
has acknowledged the same before me in my City and State
aforesaid.
Given under my hand this day of
19
Notary Public
my Commission Expires: ----
STATE OEI @,<n @ @ s
CITY OF V@-I@ .to-wit:
I , I ro- Ck v, r, 4v n ti(D a Notary
Public in and for the City and State aforesaid, do hereby
certify that (Title)
on behalf of Standard Transpipe (Virginia) Inc., a Virginia
corporation, whose name is signed to the foregoing writing,
bearing date the D+h day of 19
has acknowledged the same before me in my City and State
aforesaid.
8
Given under my hand this day of
19
Notary Public
My Commission Expires: -ci
JAS/ils
DAte: 04/27/89
CA-3140
(encroach/standard.agr)
9
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- 34 -
Item VI-I.6.
CONSENT AGENDA ITEM # 32588
Upon motion by Vice Mayor Fentress, seconded by Councilman fleischober, City
Council APPROVED:
LOW BID:
CONTRACTORS PAVING Independence Boulevard $2,712,199.50
COMPANY, INC. Phase IIA-2
(CIP 2-091)
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
- 35 -
Item VI-J.1.
UNFINISHED BUSINESS ITEM # 32589
ADD-ON
Upon motion by Councilman Moss, seconded by Councilman Sessoms, City Council
ADOPTED:
Resolution rescinding Resolution of December 11,
1989, and directing the City Attorney not to prusue
an appeal in the TCM Associates and William S.
Teachey Case.
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
1 RESOLUTION RESCINDING RESOLUTION OF
2 DECEMBER 11, 1989, AND DIRECTING
3 CITY ATTORNEY NOT TO PURSUE AN APPEAL
4 IN THE TCM ASSOCIATES AND WILLIAM S.
5 TEACHEY CASE
6 WHEREAS, on December 11, 1989, the City Council directed
7 the City Attorney to appeal the decision of the Circuit Court in
8 the case styled TCM Associates and William S. Teachev v. City of
9 Virginia Beach; and
10 WHEREAS, the Supreme Court of Virginia on March 2, 1990,
11 rendered its decision in the VLIA and Sandbridge Development cases;
12 and
13 WHEREAS, legal counsel has advised the City Council that
14 the underlying legal issues are similar and that any appeal of this
15 case would probably prove unsuccessful;
16 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY
17 OF VIRGINIA BEACH, VIRGINIA:
18 That the City Council rescinds its Resolution of December
19 11, 1989, and directs the City Attorney not to pursue an appeal in
20 the TCM Associates and William S. Teachey case.
21 Adopted by the Council of the City of Virginia Beach,
22 Virginia, on the IQ day of M,,,h 1990.
23 LLL/clb
24 03/19/90
25 CA-3676
26 TCMETC.RES
- 36 -
Item VI-K.I.
NEW BUSINESS ITEM # 32590
Giles G. Dodd, Assistant City Manager for Administration, distributed the
INTERIM FINANCIAL REPORTS (July 1, 1989 - December 31, 1989 - July 1, 1989 -
January 31, 1990). Said reports are hereby made a part of the record.
- 37 -
Item VI-K.2.
NEW BUSINESS ITEM # 32591
ADD-ON
Mayor Oberndorf advised with respect to the proposed purchase of the 9.3 acres
for the West Kempsville High School Stadium, which has been the focus of recent
news articles, she wished to inform the public:
1. Approximately two weeks ago, the City Manager
ordered a second appraisal of the property in a
continuing effort to ascertain its fair market
value - the results of that appraisal are expected
soon.
2. In addition, on this past Tuesday, the Mayor
requested the City Attorney to review all available
documents pertaining to the status of the title and
the appraised value of the property and to provide
a report, including recommendations, as to the
City's proposed purchase of the site.
3. While the second appraisal is being prepared and
the City Attorney is reviewing this matter, the
City Manager will withhold any further negoitiation
with respect to the purchase of this property, the
goal being to ensure that the City pays only the
fair market value of this proposed site.
- 38 -
Item V-L. 1.
RECESS TO EXECUTIVE
SESSION ITEM # 32592
ln accordance with Section 2.1-344, Code of VirgiDia as amended, and upon
motion by Councilman Heischober, seconded by Vice Mayor Fentress, City Council
RECESSED into EXECUTIVE SESSION for discussion of Legal Matters (4:10 P.M.)
1. LEGAL MATTERS: Consultation with legal counsel or briefings by staff
members, consultants or attorneys, pertaining to actual or probable
litigation, or other specific legal matters requesting the provision
of legal advice by counsel pursuant to Section 2.1-344 (A) (7).
Actual or probable litigation or other specific legal matters are the
following: (1) Lake Gaston Litigation.
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
- 39 -
Iteni V-L.2.
RECONVENED FORMAL SESSION ITEM # 32593
Mayor Meyera E. Oberndorf RECONVENED the F'ORMAL SESSION of March Nineteenth in
the Council Conference Room, City Hall Building, for the purpose of certifying
to the Executive Session held this date, after which to adjourn.
Council Members Present:
Albert W. Balko, 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:
John A. Baum
- 40 -
Item V-L.3.
CERTIFICATION OF ITEM # 32594
E)IECUTIVE SESSION
Upon motion by Councilman Heischober, seconded by Councilwoman Henley, City
Council ADOPTED:
CERTIFICATION OF EXECUTIVE SESSION
Only public business matters lawfully exempted from
Open Meeting requirements by Virginia law were
discussed in Executive Session to which this
certification resolution applies;
AND,
Only such public business matters as were
identified in the motion convening this Executive
Session were heard, discussed or considered by
Virginia Beach City Council.
Voting: 10-0
Council Members Voting Aye:
Albert W. Balko, 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:
John A. Baum
CERTIFICATION OF EXECUTIVE SESSION
VIRGINIA BEACH CITY COUNCIL
WHEREAS: The Virginia Beach City Council convened into EXECUTIVE SESSION, pursuant to
the affirmative vote recorded here and in accordance with the provisions of The Virginia
Freedom of Information Act; and,
WHEREAS: Section 2.1-344.1 of the Code of Virginia requires a certification by the
governing body that such Executive Session was conducted in conformity with Virginia law.
NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council hereby certifies
that, to the best of each member's knowledge, (a) only public business matters lawfully
exempted from Open Meeting requirements by Virginia law were discussed in Executive Session
to which this certification resolution applies; and, (b) only such public business matters
as were identified in the motion convening this Executive Session were heard, discussed or
considered by Virginia Beach City Council.
M(YrION;
Upon motion by Councilman Heischober, seconded by Vice Mayor Fentress, City Council voted
to proceed into EXECUTIVE SESSION to consider:
1. LEGAL MATRERS: Consultation with legal counsel or briefings by staff members,
consultants or attorneys, pertaining to actual or probable litigation, or other
specific legal matters requesting the provision of legal advice by counsel
pursuant to Section 2.1-344 (A) (7). Actual or probable litigation or other
specific legal matters are the following: (1) Lake Gaston Litigation.
VOTE: 11-0
Council Members Voting AYE: Council Members Voting NAY:
Albert W. Balko, John A. Baum, Vice Mayor Robert None
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 ABSTAINING: Council Members ABSENT for the Vote:
None None
Council Members ABSENT for the Meeting:
John A. Baum
R,6th Hodges Smith, CMC/AAE
City Clerk
- 41 -
Item VI-M.I.
ADJOURNMENT ITEM # 32595
Upon motion by Councilman Moss and BY CONSENSUS, City Council ADJOURNED the
Meeting at 5:20 P.M.
Beverl'y7 0. Hooks
Chief Deputy City Clerk
/Ruth Hodg@s Sm:*Lth, CMC
City Clerk
City of Virginia Beach
Virginia