JUNE 17, 1985 MINUTES
Cit@ C>f
"WORLD'S LARGEST RESORT CITY"
crry COUNCIL
MA YOR HAROLD HEISCHODER, A t L-9,
VICE-MA YOR PZBA S. M@LANAN, P-.,. A- &-gh
JOHN A. DAUM,
NANCY A. CREECH. A@
ROBFR7'E. FEN=SS, V@ B-h B-gh
BARBARA M HENLEY, ftw. @h
H JACK JEAWWGS. JR.. L@-- P-gh
LOUIS R. JONES. Bv@ B-gh
ROBERT G. JONES, At L.V.
J IFENRY M@COY, JR., K..P.@ B-gh
MEVERA E. OBERAIDORF. At L-9, $81 CrrY HALL BUILDING
RUTH HODGFS SMrrH, CMC. C1/21V Cl-k CITY COUNCIL AGENDA MUIVICIPAL @R
VIJ?GINIA BEACH. VIRGNV]A SUM-PM
18041417-4"3
June 17, 1985
Virginia Beach City Council
BRIEFING - Conference Room - 12.00 PM
Tidewater Regional Transit - Oceanfront Transportation Terminal
ITEM 1. MEETING OF VIRGINIA BEACH CITY COUNCIL - Conference Room - 1:00 PM
A. CALL TO ORDER - Mayor Harold Heischober
B. ROLL CALL OF COUNCIL
C. MOTION TO RECESS INTO EXECUTIVE SESSION
ITEM II. REGULAR SESSION OF VIRGINIA BEACH CITY COUNCIL - Council Chambers - 2 PM
A. INVOCATION. Reverend John R. Carraway
Trinity Tabernacle
B. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
C. ELECTRONIC ROLL CALL OF CITY COUNCIL
D. CITY MANAGER'S ADMINISTRATIVE ITEMS
1. Review of Consent Agenda
E. MAYOR/COUNCIL - DISCUSSION OF PERTINENT MATTERS
F. MINUTES
1. Motion to accept/approve the Minutes of June 10, 1985.
G. PRESENTATIONS
1. Resolution In Memoriam Harold D. -Dick- Graham
H. PLANNING
1. Ordinance closing, vacating and discontinuing portion of
22nd Street in the petition of Runnington Investment
Corporation (Lynnhaven Borough).
a. Letter from the City Manager transmits the
recommendation of the Planning Commission
for approval.
2. Ordinance closing, vacating and discontinuing portion of
Wythe Lane in the petition of Richard F. Welton, VI,
Margaret Day Welton, James L. Bevan and Patricia H. Bevan
(Lynnhaven Borough).
a. Letter from the City Manager transmits the
recommendation of the Planning Commission
for final approval.
3. Application of James E. Rohr for a Subdivision variance -
west side of Pleasure House Road, South of Zee Avenue
(Bayside Borough).
This application was referred back to
the Planning Commission by City Council
on April 22, 1985, and was expedited
from June 11, 1985, Planning Commission.
a. Letter from the City Manager transmits the
recommendation of the Planning Commission
for approval.
4. Application of Atlantic Resort Associates for a conditional
use permit for a bicycle rental on a 30,000-square foot
parcel located at the northeast corner of Atlantic Avenue
and Ilth Street (Virginia Beach Borough).
This application was deferred by City
Council to June 24, 1985, but was
requested by Councilman Fentress to be
on the agenda for June 17, 1985.
a. Letter from the City Manager transmits the
recommendation of the Planning Commission
for approval.
5. Application of James L. Harrell and Associates for a
conditional use permit for a gasoline station with a
convenience store on a 40,075-square foot parcel located on
the north side of Sandbridge Road, east of Entrada Drive
(Princess Anne Borough).
This application has been invalidated
by the Circuit Court and referred back
to City Council for further action.
a. Letter from the City Manager transmits the
recommendation of the Planning Commission
for approval.
6. Application of John W. Vakoo for a conditional use permit
for a parking lot rental located at 14th Street and
Oceanfront (Virginia Beach Borough).
This application was expedited from
June 11, 1985, Planning Commission.
a. Letter from the City Manager transmits the
recommendation of the Planning Commission
for approval.
7. Application of Bertha L. Brenneman for a conditional use
permit for a home occupation (moulding shu-) on a 200-acre
parcel located on the south side of North Landing Road, east
of Salem Road (Princess Anne Borough).
a. Letter from the City Manager transmits the
recommendation of the Planning Commission
for approval.
8. Application of Leon R. Zook, Trustee Kempaville Mennonite
Church for a conditional use permit for a church and school
located on the south side of Nort Landing Road, east of
Salem Road (Princess Anne Borough).
This application was expedited from
June 11, 1985, Planning Commission.
a. Letter from the City Manager transmits the
recommendation of the Planning Commission
for approval.
9. Application of Bel-Aire, Incorporated, for a conditional use
permit for an automobile service station on a 40,000-auqre
foot parcel located at the northeast corner of General Booth
Boulevard and Dam Neck Road (Princess Anne Borough).
a. Letter from the City Manager transmits the
recommendation of the Planning Commission
for approval.
10. Applications of T.C.C. Development Corporation for changes
of zoning near the corners of Harpers Road and Phantom
Boulevard and the south side of Harpers Road, west of
Phantom Boulevard (Princess Anne Borough):
From AG-2 Agricultural District to B-2 Community-Business
District on a 1.188-acre parcel;
From AG-2 Agricultural District to A-1 Apartment District on
an 11.7775-acre;
AND,
From A-1 Apartment District to B-2 Community-Business
District on a 1.119-acre parce .
a. Letter from the City Manager transmits the
recommendation of the Planning Commission
for approval.
AND,
Applications of T.C.C. Development Corporation for changes
of zoning located north of London Bridge Road, west of Swamp
Road (Princess Anne Borough):
From AG-2 Agricultural District to I-2 Heavy Industrial
District on a 96.80-acre parcel;
AND,
From AC-1 Agricultural District to 1-2 Heavy Industrial
District on a 155.50-acre parcel.
b. Letter from the City Manager transmits the
recommendation of the Planning Commission
for deferral pending the completion of
the AICUZ consultant's study.
11. Application of Sandra G. and Donald G. Pratt for a change of
zoning from R-3 Residential District to B-2 Community-
Bussiness District on a one-acre parcel located on the ease
side of General Booth Boulevard, north of Princess Anne Road
(Princess Anne Borough).
a. Letter from the City Manager transmits
no recommendation of the Planning Commission
due to a tie vote.
12. Application of Site Development Associates for a change of
zoning from R-3 Residential District to B-2 Community-
Business District on a 12.7-acre parcel located on the easf
side of General Booth Boulevard, north of Princess Anne Road
(Princess Anne Borough).
a. Letter from the City Manager transmits
ne recommendation of the Planning Commission
due to a tie vote.
13. Applications of William Robert and Company for changes of
zoning located on the south side of Elbow Road, east of
Indian River Road (Princess Anne Borough):
From R-4 Residential District to R-8 Residential District on
a 41.01-acre parcel;
AND,
From R-8 Residential District to PH-H2 Planned Unit
Development District on the same 41.01-acre parcel.
a. Letter from the City Manager transmits the
recommendation of the Planning Commission
for denial.
14. Applications of John Ray, Dean S., Betty W., Gordon B.,
Lucille B. and Helen S. Potter for changes of zonia located
at the north side of Laskin Roa@, west of Winwood Drive
(Lynhaven Borough):
From B-1 Business-Residential District to B-2 Community-
Business District;
AND,
From 0-1 Office District to B-2 Community-Business District.
This application was expedited from
June 11, 1985, Planning Commission.
a. Letter from the City Manager transmits the
recommendation of the Planning Commission
for denial.
15. Application of the City of Virginia Beach, Virginia for a
change of zo@n from R-7 Residential District to R-8
Residential District in a fifteen-block area bounded on h@e
north by 15th Street, on the east by Mediterranean Avenue,
on the south by Norfolk Avenue and on the west by the
Virginia Beach Borough Line (Virginia Beach Borough).
a. Letter from the City Manager transmits the
recommendation of the Planning Commission
for approval.
I. RESOLUTIONS
1. Resolution to amend Section 5 of a resolution passed by City
Council dated April 12, 1982 concerning the Citizen's
Advisory Committee.
2. Industrial Development Revenue Bonds
a. Resolution approving the issuance of Industrial
Development Revenue Bonds in the amount of $22,000,000
to Ocean Village Apartments Limited Partnership.
b. Resolution approving the issuance of Industrial
Development Revenue Bonds in the amount of $6,000,000 to
140 Associates.
c. Resolution approving the issuance of Industrial
Development Revenue Bonds in the amount of $3,800,000 to
Pipers Landing Associates.
J. ORDINANCES
1. Ordinance to set salories of Council Members at $15,000 per
annum and $17,000 per annum for the Mayor.
2. Ordinance authorizing the City Manager to execute cost
participation agreements with Thomas A. & Edith C. Lindsey
for water facilities.
3. Ordinance to authorize the acquisition of property in fee
simple for right-of-way for London Bridge Creek Drainage
Project and the acquisition of temporary and permanent
easements of right-of-way either by agreement or by
condemnation and to transfer the necessary funds for
acquisition of land or interest in said land.
K. CONSENT AGENDA
All matters listed under the Consent Agenda are considered in
the ordinary course of business by City Council and will be
enacted by one sotion in the form listed. If an item is
removed from the Consent Agenda, it will be discussed and
voted upon separately.
1. Resolution In Memoriam of Harold D. -Dick" Graham
2. Resolution requesting the Virginia Board of Housing and
Co=unity Development to support the adoption of House
Bill No. 1456
3. A Resolution to program the construction of improvements
and provide a bridge structure in concert with the City's
M&ster Plan in the Resort Area and to authorize the City
Manager to make the necessary negotiations;
AND
A Resolution to progr&m the construction of improvements
in concert with the City's Haster Plan on First Colonial
Ro&d extended south of Wisconsin Avenue for a four-lane
divided arterial highway (approx. 3.3 mi.) and to
authorize the City Manager to make the necessary
negotiations;
AND
A Resolution to program the construction of improvements
in concert with the City's Master Plan for a divided
highway from the intersection of Landstown Road at
Holland Road east to the intersection of Daa Neck at
General Booth Boulevard (approx. 3.03 mi.) and to
authorize the City Manager to make the necessary
negotiations;
AND
A Resolution to prograu the construction of improvements
in concert with the City's Master Plan for the extension
of Constitution Drive as a four-lane highway from
Columbus Street to Independence Boulevard (approx. 1.2
mi.) and to authorize the City Manager to make the
necessary negotiations.
4. Resolution authorizing the City Manager to execute an
agreement with Southeastern Tidewater Area Manpower
Authority (STAMA) for the 1985 Job Training Partnership
Act Su @ r Youth Euployment and Training Program.
5. Resolution to accept a Grant from the Virginia Department
of Conservation and Historic Resources and authorize the
City Manager to execute an agrement for the Grant
Program.
6. Ordinance authorizing certain events conducted on City
Property to be exempt from the Prohibition from Working
or Transacting Business on Sunday.
7. Ordinance to establish Grant Guidelines for agencies
receiving funds from the City of Virginia Beach to fund
activities which benefit the Citizens and the Community.
8. Ordinance upon SECOND READING to accept funds of $30,000
from the Hampton Roads Water Quality Agency and
appropriate these funds to Project #2-996 Back Bay
Watershed Plan.
9. Ordinance upon SECOND READING to appropriate additional
funds in the amount of $21,935 to the Police Department
Operating Budget for increased police patrol within the
Carper Housing area and to authorize the City Manager to
enter into an agreement with the United States Department
of the Navy.
10. Ordinance upon FIRST READING to appropriate $32,000 from
the Water and Sewer Fund to Project $5-832 Comprehensive
Water Study.
11. Ordinance upon FIRST READING to accept funds totaling
$60,925 from the Virginia Housing Development Authority
and to utilize $10,228 from 9th Year Community
Development Block Grant Funds and to appropriate these
funds for the Section 8 existing Housing Program,
Moderate Rehabilitation Program and Rental Rehabilitation
Program.
12. Ordinance upon FIRST READING to accept a Grant from the
Department of Corrections totaling $122,800 and to
appropriate these Funds for the Virginia Beach Community
Diversion Incentive Progralk.
13. Ordinance to transfer $32,912 for the provision of
Medical Services at the Virginia Beach Correction Center
and to authorize the City Manager to enter into a
contract with Correctional Medical Systems, Inc.
14. Ordinance to transfer $152,000 within the Social Services
Department's appropriations to cover increased costs of
Foster Care and Other Purchased Services.
15. Ordinance for the appointment of viewers Mr. Robert J.
Scott, Mr. David M. Grochmal and Mr. C. Oral Lambert, Jr.
for the closure of a portion of Chinquapin Trail
(Lynnhaven Borough).
16. Ordinance authorizing tax refunds in the amount of
$1,689.86.
17. Ordinance authorizing license refunds in the amount of
$670.83.
L. APPOINTMENTS
1. Local Government Study Commission
2. Social Services Board
3. Southeastern Virginia Planning District Commission
4. STAMA (Private Industry Council)
5. Tidewater Regional Group Home Commission
M. UNFINISHED BUSINESS
1. Reimbursement of legal fees for police officers.
N. NEW BUSINESS
0. ADJOURNMENT
1. Motion to adjourn.
M I N U T E S
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
B R I E F I N G
TIDEWATER REGIONAL TRANSIT
OCEANFRONT TRANSPORTATION TERMINAL
Juiie 17, 1985
12:00 p.m.
The BRIEFING colicerning the TIDEWATER REGIONAL TRANSIT OCEANFRONT TRANSPORTATION
TEP14INAL was called to order by Mayor Harold Heischober iL) the Coiifereiice Room
on June 17, 1985, at 12:00 in the afternooli.
Mayor Heischober introduced Thomas H. Muehleiibeck, City Maiiager, who iii turil
introduced James C. Echols, Executive Director of TIDEWATER REGIONAL TRANSIT
to discuss the evaluatioii for a TRANSPORTATION CENTER in the Virgiiiia Beach
Borough. Mr. Echols advised CouLicil the traiisportatioi) needs iL) the City
are rapidly growiiig. Six years ago, there were 6 TROLLEYS serviiig tourists
aiid citizens; today, there are 21 TROLLEYS with requests for more. Mr. Echols
iiitroduced Jeff Becker and Jayiie Crowder who assist him at TRT. He also ititro-
duced Arnold RoseLiberg of Parsoiis, BriLickerhoff, Quade & Douglas, IL)c. Mr. Roseliberg
discussed the OCEANFRONT TRANSPORTATION TERMINAL and the IoLig ralige goals of TRT. He
further discussed the objectives for those goals and iiitroduced Mr. Johii Periisler,
of the firm of Wallace, Roberts, a@id Todd, who gave more details coticer@)ilig these
objectives.
Jutie 17, 1985
M I N U T E S
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
Julie 17, 1985
The Regular Meeting of the Council of the City of Virginia Beach, Virginia,
was called to order by Mayor Harold Heischober iii the Coiifereiice Room, City
Hall Buildi@ig, oti Motiday, Jutie 17, 1985, at 1:00 iii the afteriiooii.
Council Members Presetit:
John A. Baum, Naiicy A. Creech, Robert E. Feiitress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jeiiiiings, Jr., Louis R.
Joiies, Robert G. Joiies, Vice Mayor Reba S. McClanan, J. Henry
McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Absent:
Noile
June 17, 1985
- 2 -
ITEM # 23755
Mayor Heischober entertained a motion to to permit Council to coliduct its EXECU-
TIVE SESSION pursuaiit to Section 2.1-344, Code of Virginia, as amended, for
the following purposes, to be followed by the REGULAR MEETING.
1. PERSONNEL M&TTERS: Discussion or consideration of employment,
assignment, appoiiitment, promotion, performance, demotion,
salaries, disciplining or resignation of public officers,
appointees or employees.
2. PUBLICLY HELD PROPERTY: Discussion or coiisideratioii of the
condition, acquisiton or use ot real property for public
purpose, or of the disposition of publicly held property,
or of plans for the future of aii iiistitutioll which could
affect the value of property owiied or desirable for ownership
by such institution.
3. LEGAL MATTERS: Consultatioii with counsel or briefings
by staff members, coiisultants, Or attorneys, pertainiilg to
actual or potential litigation, or other legal matters
within the jurisdiction of the public body.
Upoxi motioii by Councilwoman Creech, secoiided by Councilman Feiitress, City
Council voted to proceed into the EXECUTIVE SESSION to be followed by the REGULAR
SESSION.
Voting; 10-0
Council Members Voting Aye:
John A. Baum, Naiicy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, Louis R. Jones, Robert G. Jones,
Vice Mayor Reba S. McClaiian, J. Heilry McCoy, Jr., D.D.S., and
Meyera E. Oberndorf
Couticil Members Voting Nay:
None
Council Members Absent:
H. Jack Jeiinings, Jr. June 17, 1985
- 3 -
R E G U L A R S E S S I 0 N
VIRGINIA BEACH CITY COUNCIL
June 17, 1985
2:12 p.m.
Mayor Harold Heischober called to order the Regular Session of the Virginia Beach
City Council in the Council Chambers, City Hall Building, on Moiiday, Juile 17,
1985, at 2:12 in the afteriiooii.
Cou@icil Members Present:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Heiiley, H. Jack Jeniiings, Jr., Louis R.
Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry
McCoy, Jr., D.D.S., and Meyera E. Oberndorf
Council Members Abseiit:
None
INVOCATION: Reverend Peter Marengo
Trinity Tabernacle
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA-
Juiie 17, 1985
- 4 -
CITY MANAGER'S ADMINLSTRATIVE ITEMS
Item II-D.1
CONSENT AGENDA ITEM # 23756
Couiicilwomati Heiiley and Councilman Robert Jones referenced Resolutions requesting
the VIRGINIA DEPARTMENT OF HIGHWAYS to program the coiistructioli of four projects
(See Item II-K.3 of the Coiisent Agenda).
Councilmaii Louis Jones requestes this item be pulled for a separate vote.
Item 11-D.2
CONSENT AGENDA ITEM # 23757
Councilwomaii Henley referenced a Resolutioii authrizing the City Manager to
execute aii agreement with SOUTHEASTERN TIDEWATER AREA MANPOWER AUTHORITY
(STAMA) for the 1985 JOB TRAINING PARTNERSHIP ACT SUMMER YOUTH EMPLOYMENT
AND TRAINING PROGRAM (See Item 11-K.4 of the Conseiit Agenda).
June 17, 1985
5
Item 11-F. I
MINUTES ITEM # 23758
Upon motiod by Councilwoman Creech, seconded by Councilwomau Heiiley, City
Couiicil APPROVED the Minutes of June 10, 1985.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jeiiniiigs, Jr., Louis R.
Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry
McCoy, Jr., D.D.S., aiid Meyera E. Obertidorf.
Council Members Voting Nay:
None
Council Members Absent:
None
June 17, 1985
6
Item 11-F.2
MINUTES ITEM 23759
Upon motioii by Councilwoman Creech, secolided by councilman Feiitress, CitY
Council AMENDED the Minutes of May 20, 1985 as per the followilig:
Item # 23670 - Page 42 - LOW BID OF UTILITY BUILDERS
"Upon motioii by councilwoman Creech, seconded by Councilwo-n
oberndorf, City Council APPROVED the LOW BID of UTILITY
BUILDERS, INC., iii the amount of $28,138.00
for PEMBROKE BOULEVARD WATERLINE RELOCATION PROJECTS;
AND, AUTHORIZED the City Manager to eiiter into the
necessary agreements for the implementation of this
project."
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Naiicy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R.
Joiies, Robert G. Jones, Vice Mayor Reba S. McClaiiaii, J. Henry
McCoy, Jr., D.D.S., and Meyera E. Oberndorf.
Council Members Voting Nay:
Noiie
Council Members Abselit:
Noiie
Julie 17, 1985
7
Item II-G. 1
PRESENTATION ITEM 23760
Mayor Heischober presented a RESOLUTION IN MEMORIUM of HAROLD D. "DICK"
GRAHAM to his family.
Couiicilman McCoy read the RESOLUTION IN MEMORIUM
Couiicilmaii McCoy and Councilwoman Oberndorf lauded the work of Harold Graham
and his relatioiiship to all with whom he had coiitact.
Harold Graham's wife, Peggy, and his family ACCEPTED the RESOLUTION.
Plaiiiiing Commissioners Al Balko and Doiiald Reid were also in atteiidance
This RESOLUTION recognized Harold Graham's contributioiis to the City, State,
his family, co-workers and fellowmen.
June 17, 1985
Item 11-H.1
PLANNING ITEM 23761
Frank Butler represented the applicant
Upon motioli by Councilman Jeiiiiings, secoilded by Couiicilman Fentress, City
Council APPROVED aii Orditiaiice closiiig, vacating and discolitiliuilig a portion
of 22nd Street iii the petition of RUNNINGTON INVESTMENT CORPORATION.
Application of Runiiiiigton IiivestmeLit Corporation
for the discoiitiiluaiice, closure alid abaiidonment
of a portion of 22iid Street begiiiiiiiig at a poilit
422 east of Barbertoii Drive, ru@@iiitig a distaiice
of 104.01 feet along the southeril property lille,
running a distatice of 64.86 feet along the eastern
property line, runiiing a distance of 145.33 feet
along the iiorthern property line and running a distance
of 50 feet along the western property liiie. Said parcel
contains 6233.75 square feet. LYNNHAVEN BOROUGH,
The followiiig conditions shall be required;
1. Ihe ultimate disposition of this right-of-way shall
be by purchase rather than direct conveyance, sub-
ject to determination by the City Attorney's Office.
2. Resubdivisioii of the property and vacatioli of in-
teriial lot lities to i@icorporate the closed area
into adjoining parcels, as well as to insure that
all lots have access to a public street.
3. Dedication of necessary draiiiage easemetits as de-
termined by the City Engineer's Office for the maiii-
tenance of exisitng drailiage facilities.
4. The closure of this right-of-way shall be cotitingent
upon compliatice with the above-stated coilditions within
180 days of the approval by City Couilcil.
Voting: 11-0
Council Members Votiiig Aye:
Johii A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R.
Joiies, Robert G. Jones, Vice Mayor Reba S. McClanail, J. Henry
McCoy, Jr., D.D.S., and Meyera E. Oberiidorf.
Couiicil Members Voting Nay:
None
Council Members Absent:
None June 17, 1985
8a -
ORDINANCE NO.
TN THE MN= OF CLOSING, VACATING AND DISCONT@G A PORTICN OF TfiAT
CEPTAIN SHOM AS A POFOICN OF 22ND
it appeari-ng by Affidavit that proper notice has been given
by Runnington Inves@t Corp., a Virginia corporation, that it would niake
applicat-im to t-he ('@,icil of i-he (it,,, of V@inia Beach, Vixgi-nia, or.
Fe-@ru@ @-2, 1-98@l, t-- ha@.@e the hpreinafter described street discontinued,
closed and vacated; and
WHEPEAS, it is the jud@t of the Council that said street be
discontinued, closed and vacated;
NOW, THEREF'ORE,
SECrION I
BE IT ORDA= by the Council of the City of Virginia Beach,
Virginia, that the hereinafter described street be discontinued, closed
and vacated:
All of that @in part or parcel of land located in.the City of
Virginia Beach, Virginia, which said parcel is a part of 22nd
Street (to be closed) described as beginning at the southeast
corner of the intersection of Barberton Drive and 22nd street;
thence along the south side of 22nd Street S82102100"E 326.00
feet to a point, thence S67*21'00"E 96.00 feet to a point m
the south side of 22nd Street which said point is the true point
of becjinning of the portion of 22nd Street to be closed; thence
N22'39'00"E 50.00 feet to a point on the north side of 22nd
Street, thence S67-21100"E 145.33 feet to a point on the dividing
li-ne between the property descr@ herein and that of the
"Subdivision of Seacrest Park" which is reoorded in Map Book
29 at page 75, thence along said dividing line s62113100'U
64.86 feet to a point on the south side of 22nd Street, thence
N67121100"W 104.01 feet to the point of begiming. The portim
of 22nd Street to be closed described herein contains 6233.75
sq. feet or 0.14 acres.
Juiie 17, 1985
8b -
SBCTION II
A certified copy of this ordiriance shall be filed in the Office of
the Circuit Court of the City of Virginia Beach described above.
Al I..
Jutie 17, 1985
8c
A'
Dec 1 3, 1984
The Honorable City Council
City of Virginia Beach
@lunicipal Center
Virginia Beach, VA 23456
C=IFICAT'E OF TITLE
Dear t, s of City Council:
I, Frank E. Butler, III, attornp-y for RunninQtc)n investmnt Corp.,
a Virginia corporation, do here'Dy certify that:
1. I arn an attorney at law and represent Runnington Investment Corp.,
a Virginia corporation.
2. Title to the property described below is vested of record in the
City of Virginia Beach, Virginia, (citing Ocean Island Im vs. Virginia Beach,
216 VA. 474: acceptance of par-t of a single street is aLn acceptance of entire
street, when streets are offered for dedication to the city of virginia Beach).
3. That the fee sinple cy,,ner or contract owner of all land alonq and
adjacent to and. affected by said portion of the platted street is Runn@g-ton
Inves@t Corp., a Virginia corporation. If the property described belck,, is
discontinued, closed and vacated by the Council of the City of Vi-rginia Beach,
Vi-rginia, then RL=ington Inves@t Corp., the @er of all land along and
adjacent to said land, will purchase the vacated street frcm the City of
Virginia Beach, Virginia.
The said propertl, referred to herein is hereby described as follows:
All of that certain part or parcel of land located in the City of
Virginia Beach, Virginia, which said parcel is a part of 22nd Street
(to be closed) described as begixining at the southeast corner of the
i-ntersection of Barberton Drive and 22nd Street; thence along the
south side of 22nd Street S82102'00"E 326.00 feet to a point, thence
S67121'00"E 96.00 flet to a idoint on the south side of 22nd Street
which said point is the true point of begiming of the portion of
22nd Street to L)e clo@; thence N22@39'00" E 50.00 feet to a point
on the north side of 22nd Street, tlicnce S67121'00"E 145.33 feet to
June 17, 1985
- 8d -
a point on the clividing line between the property described herein and
that of the "Subdivisim of Seacrest Park" which is recorded in Map
Book 29 at page 75, therice along said dividing line S62*13'00"W 64.86
feet to a point m the south side of 22nd Street, thence N67@21100"W
104.01 feet to the point of beginning. The portim of 22nd Street to,
be closed described herein contains 6233.75 sq. feet or
F'EB, III/cb
June 17, 1985
9
Item II-H.2
PLANNING ITEM # 23762
Attoriiey Glen Croshaw represented the applicaiit
Upoii motion by Councilman Jeniiings, secoiided by Cuncilwoman oberndorf, CitY
Council ADOPTED an Ordiiiance clositig, vacating alid discontinuiiig a portion
of Wythe Laiie in the petition of RICRARD F. WELTON, IV, MARGARET DAY WELTON,
JAMES L. BEVAN AND PATRLCIA H. BEVAN.
FINAL APPROVAL
Application of Richard F. Welton, IV, Margaret Day Welton,
James L. Bevaii aiid Patricia H. Bevan for the discontilluance,
closure and abandonmeiit of a portion of Wythe Lane begiiiiiiilg
at the northerii bouiidary of Windsor Road and running in a
northerly direction a distance of 217.12 feet. Said parcel
contaiiis 6,386 feet. LYNNHAVEN BOROUGH.
Voting: 11-0
Couiicil Members Voting Aye:
Johii A. Baum, Nancy A. Creech, Robert E. Feiitress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jeniiiiigs, Jr., Louis R.
Jones, Robert G. Joiies, Vice Mayor Reba S. McClaiian, J. Henry
McCoy, Jr., D.D.S., alid Meyera E. Oberndorf.
Couiicil Members Voting Nay:
None
Council Members Absent:
NoLie
June 17, 1985
9a
ORDINANCE NO.
AN ORDINANCE CLOSING, VACATING AND DISCONTINUING
A PORTION OF THAT CERTAIN STREET 30 FEET WIDE
KNOWN AS WYTHE LANE
LOCATED IN LYNNHAVEN BOROUGH OF THE
CITY OF VIRGINIA BEACH, VIRGINIA
WHEREAS, proper notice that Richard P. Welton, IV and Margaret
Day Welton. husband and wife and James L. Bevan and Patricia H. Bevan,
husband and wife would make application to the City Council of the City
of Virginia Beach, Virglnia, to have the hereinafter described portion
of that certain undeveloped street, 30 feet wide, known as Wythe Lane
closed, vacated and discontinued was duly advertised; and
WHEREAS, the Petitioners as owning the contiguous parcels to
said street, which is effected by its closure. have requeated that said
street be closed; and
WHEREAS, Application was made to the City Planning Commission
and to the City Council, and, pursuant to the statutes in such cases
made and provided, the Council appointed viewers who have reported to
the Council that no inconvenience to the public or to the private Indi-
viduals would result from such closings, vacating and discontinance;
and
WHEREAS, it is the judgment of the Council that the said
streets should be closed, vacated and discontinued.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL
OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
Section 1: That the said undeveloped street 30 feet wide known
as Wythe Lane described below, located in the Lynnhaven Borough in the
City of Vir@nta Beach, Virginia, is hereby closed, vacated and discon-
tinued. said street not being needed for public use:
June 17, 1985
9b
All that certain piece or parcel of land, situate,
lying and being in the City of Virginia Beach.
Virginia and being a portion of that certain undeve-
loped street known as "Wythe Lane" (30 ft.), being
more particularly bounded and described as follows:
Commencing at a point 70.00 ft. west of the intersec-
tion of the southwest corner of Lot 169, the
southeast corner of Lot 168 and the northerly right-
of-way of Windsor Road all as shown on that plat
entitled "North Linkhorn Park" (Map Book 7, Page
144). thence turning and running along a curve to the
right having a radius of 30.00 ft. a distance of
47.12 ft.. thence running N 1301010011 E. a distance
of 170.00 ft. to the northwest intersection of Lot
168 and the southwest intersection of Lot 232 of
"North Linkhorn Park Extended" (Map Book B. Page 50).
thence proceeding N 76050100" W a distance of 30.00
ft. to the southeast intersection of Lot 242 of
"North Linkhorn Park Extended" (Map Book 8, Page 50)
and the northeast intersection of Lot 136 of "North
LiTikhorn Park" (Map Book 7, Oage 144), thence pro-
ceeding S 1301010011 W a distance of 170.00 ft. to a
point, thence proceeding on a curve to the right
having a radius of 30.00 ft. a distance of 47.12 ft.
to the intersection of the northerly right-of-way of
Windsor Road and the southeast corner of Lot 136 and
thence proceeding S 7605010011 E a distance of 90.00
ft. to the point of beginning. Said parcel contains
0.1466 acres and is more fully described by reference
to that plat entitled 'Plat Showing Portion of Wythe
Lane to be closed as shown on Subdivision of North
Linkhorn Park, Virginia Beach, Virginia", Scale: 111
= 40 ft., December 7, 1983, Hassell & Folkes, P.C.,
Surveyors & Engineers. Portsmouth, Virginia.
Sectign 2: A copy of this Ordinance. certified by the Clerk,
be spread upon the publlc records in the Clerk's Office in the Circuit
Court In the City of Virginia Beach, Virginia and indexed in the name of
the City of Virginla Beach as Grantor.
Section 3,: This Ordinance shall be effective thirty (30) days
from date of its adoption.
1.1.4.C
FINAL APPROVAL: June 17, 1985
-2-
June 17, 1985
PICKETT, LYLE. SIEGEL. DRESCHER & CROSHAW
..., ... I..., ...........
ATTORNEYS AT LAW
O-C. a. ..C.Ell
JOSr-- L. L'Lr..'R. 101 NORT. LYNNHAVEN ROAD
L.W.C.CC .. SILGEL VIRGIN.A BEACM,VIRGINIA 23452 AIL TO
,O." ..Dnesc.E. POST Orl.CE OOX 2.21
GLLN. R..D.LL CROS..W SE.CH.VA. 23.52 - 2.27
MIC-..O C, BEALE
ED-.. S.GARCI.,I.. TELE@.ONE
..R. S.S.IT. so.; 3.0. 001,
IO..T.A- L..A@@t.
0-@-. N. EDA
0-1- -...LLE-.IR,
--'-E G. O.Z.
1--ES C.LEW..
SCOTT C. WILL-A.$
CERTIFICATE OF VESTING OF TITLE
I. David A. Miller, Jr., attorney for Richard F. Welton, IV and
Margaret Day Welton, husband and wife and James L. Bevan and Patricia H.
Bevan, husband and wife. do hereby certify that:
1. I am an attorney at law and represent Richard F. Welton, IV
and Margaret Day Welton, husband and wife, and James L. Bevan and
Patricia H. Bevan, husband and wife, the Petitioners.
2. If the property described below is discontinuted, closed
and vacated by the Council of the City of Virginia Beach, Virginia, then
title to said property wiU vest in Richard F. Welton, TV and Margaret
Day Welton, husband and wife and James L. Bevan and Patricia H. Bevan,
husband and wife, the holders of the underlying fee in said property.
follows: 3. The said property referred to herein is hereby described as
All that certain piece or parcel of land, situate,
lying and being in the City of Virginia Beach,
Virginia and being a portion of that certain undeve-
loped street known as "Wythe Lane" (30 ft.). being
more particularly bounded and described as follows:
Commencing at a point 70.00 ft. west of the Intersec-
tion of the southwest corner of Lot 169, the
southeast corner of Lot 168 and the northerly right-
of-way of Windsor Road all as shown on that plat
entitled "North Linkhorn Park" (Map Book 7, Page
144). thence turning and running along a curve to the
right having a radius of 30.00 ft. a distance of
47.12 ft.. thence running N 13010100" E, a distance
of 170.00 ft. to the northbist intersection of Lot
168 and the southwest intersection of Lot 232 of
"North Linkhorn Park Extended" (Map Book 8, Page 50),
thence proceeding N 76*50'00" W a distance of 30.00
ft. -to the southeast intersection of Lot 242 of
-1-
ICKETT, LYLE, SIEGEL, DRESCHER CROSFIAW
"North Linkhorn Park Extended' (Map Book B. Page 50)
and the northeast intersection of Lot 136 of 'North
Linkhorn Park" (Map Book 7. Page 144). thence pro-
ceeding S 13*101001 W a distance of 170.00 ft. to a
point, thence proceeding on a curve to the right
having a radiur. of 30.00 ft. a distance of 47.12 ft.
to the intersection of the northerly right-of-way of
Windsor Road and the southeast corner of Lot 136 and
thence proceeding S 76*50100" E a distance of 90.00
ft. to the point of beginriing. Said parcel contains
0.1466 acres and is more fully described by reference
to that plat entitied 'Plat Showing Portion of Wythe
Lane to be closed as shown on Subdivision of North
Linkhorn Park, Virginia Beach, Virginia", Scale: 1"
= 40 ft., December 7, 1983, Hassell & Folkes, P.C.,
Surveyors & Engineers, Portsmouth, Virginia.
David A. Miller, Jr. I
1.1.3.C
-2-
- 10 -
ltem II-R.3
PLANNING ITEM # 23763
Attorney Grover Wright represented the application
Upon motion by CouncilmaD Louis Joiies, seconded by Couiicilman Fentress, City
Council APPROVED an applicatioii of JAMES E. ROHR for a Varialice to Sectioii
4.4(c) of the Subdivisioli Ordinance.
Appeal from Decision of Administrative Officers
in regard to certain elements of the Subdivision
Ordinance, Subdivisioii for James E. Rohr.
Property located on the west side of Pleasure
House Road, 88.90 feet south of Lee Avenue.
Plats with more detailed iiiformatioii are avail-
able in the Department of Planuing. BAYSIDE BOROUGH.
This applicatioii had beeii referred back to the PLANNING COMMISSION by City
Couiicil on April 22, 1985, for a revision in the proposed Subdivison Plat.
Votiiig: 10-1
Couacil Members Voting Aye:
Johii A. Baum, Nancy A. Creech, Robert E. Feiitress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jeniiings, Jr., Louis R.
Jones, Robert G. Jones, J. Heiiry McCoy, Jr., D.D.S., and
Meyera E. Oberlidorf
Council Members Voting Nay:
Vice Mayor Reba S. McClanaii
Couiicil Members Absetit:
Noiie
Councilman Robert Jones requested schematics to show layouts of proposed appli-
catiotis as opposed to "black spot" on the map distrubuted by the Planniiig Staff
in City Council's Agenda.
Juiie 17, 1985
Itmem 11-H.4
PLANNING ITDI # 23764
Edmuiid Ruffin, partlier iii Atlantic Resort Associates, represented his
applicatioii
Upoil motioii by CouLicilmaii Fentress, secoiided by Councilwoman Oberndorf, City
Council ADOPTED aii Ordinance upoii applicatioii of ATLANTIC RESORT ASSOCIATES
for a Coiiditional Use Permit as per the followitig:
ORDINANCE UPON APPLICATION OF ATLANTIC RESORT
ASSOCIATES FOR A CONDITIONAL USE PERMIT FOR A
BICYCLE RENTAL R0685750
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BF.ACH, VIRGINIA
Ordiiiailce upon application of Atlantic Resort
Associates for a Coiiditioiial Use Permit for a
bicycle reiital on certain property located at
the northeast corner of Atlantic Avenue and Ilth
Street. Said parcel is located at 1101 Atlatitic
Avenue aiid coiltaiiis 30,000 square feet. Plats
with more detailed information are available in
the Departme@t of Plan@iing. VIRGINIA BEACH
BOROUGH.
This Ordinance shall be effective upon the date of adoptioli.
Adopted by the Couiicil of the City of Virgillia Beach, VirgiDia, oll the
Seventeenth day of June, Nitieteen Huildred and Eighty-five.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Feiitress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jeiiililigs, Jr., Louis R.
Jones, Robert G. Joiies, Vice Mayor Reba S. McClaiian, J. Heiiry
McCoy, Jr., D.D.S., and Meyera E. Obertidorf.
Couiicil Members Voting Nay;
None
Couiicil Members Abseiit:
None Jui)e 17, 1985
- 12 -
Item II-H.5
PLANNING ITEM # 23765
Attoriiey Glen Croshaw represented the applicatit and referenced
actioti by City Cou-cil DENYING the request of JAMES L. HARRELL for
a Coiiditional Use Permit for a gasoline station on November 5, 1984,
was INVALIDATED on May 2, 1985, by the Virgiiiia Beach Circuit Court
The City Clerk advised Council of three pages of names in OPPOSITION to
said applicatioii (said list is hereby made a part of the record).
Upon motion by Vice Mayor McClanau, seconded by Councilmaii Baum, City Council
DENIED ati Ordiiiaiice upon application of JAMES L. HARRELL AND ASSOCIATES for
a Conditioiial Use Permit for a gasoliiie station with a coiivenience store.
Vice Mayor McClauan wished her remarks to be iiicorporated into the record:
"We, as a Couiicil, have ADOPTED in our Comprehensive Zoniiig Ordinance,
Sectioii 220, coiicerning ConditioDal Uses aiid Structures. The purpose
of this Section is to recognize certain uses which by their nature
caii have an undue impact upon or be incompatible with other uses
of land within a given zoning district. These uses as described may
be allowed to locate within given designated districts under the
controls, limitatioiis and regulatioiis of a Coliditional Use Permit.
It shall be the duty of the City Council under the provisions of
this article to evaluate the impact alid compatibility of each such use,
atid to stipulate such coiiditions aiid restrictions including those speci-
fically cotitained herein as will assure the use being compatible with
the iieighborhood in which it is located, both iii terms of exisitiiig land
uses and conditioiis and in terms of development proposed or permitted by
right in the area or where that cannot be accomplished, to deiiy the use
as not being in accordance with the adopted comprehensive plan or as
being incompatible with the surroundiiig lieighborhood."
Vice Mayor McClaiian further referenced the ruliiig by the Supreme Court of
FAIRFAX COUNTY vs the SOUTHLAND CORPORATION. It was clearly stated in
this opinion that the locality, itself, has the duty of the exercise of
such power in this regard and same is referriiig to special exceptioiis or use
permits as being a legislative power rather than an administrative act.
Vice Mayor McClanaii maititaiiied CITY COUNCIL HAS THE AUTHORITY to render the decisioll
as to whether said application is compatible to the neighborhood.
ORDINANCE UPON APPLICATION OF JAMES L. RARRELL AND
ASSOCIATES FOR A CONDTIONAL USE PERMIT FOR A GASOLINE
STATION WITH CONVENIENCE STORE
Ordinance upon application of James L. Harrell and Asso-
ciates for a Cotiditional Use Permit for a gasoline station
with coiivenielice store on certain property located oii the
iiorth side of Sandbridge Road, 500 feet east of Entrada
Drive, Lagomar. Said parcel contaitis 40,075 square feet.
Plats with more detailed information are available in
the Department of Plaiining. PRINCESS ANNE BOROUGH.
June 17, 1985
13 -
Item II-H.5
PLANNiNG ITEM 23765 (Co@itinued)
Voting: 11-0
Couiicil Members Votilig Aye:
John A. Baum, Naiicy A. Creech, Robert E. Felitress, Mayor Harold
Heischober, Barbara M. Heiiley, H. Jack Jennings, Jr., Louis R.
Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry
McCoy, Jr., D.D.S., atid Meyera E. Oberndorf.
Couiicil Members Voting Nay:
None
Council Members Abseiit:
None
Juiie 17, 1985
13a
1216 VIRGINU BEACH CODE
(f) The foll@ streets, highways, inter- prospective occupant, lesw, government offi-
states, and expreaways are hereby desig- cial, department board or bureau may file
nated as streets having special sign with the planning director an application for
restrictions; Northhampton Boulevard, a conditional use permit; provided that the
Independence Boulevard, Shore Drive conditional use sought is permitted in the
(U.S- 60), Fimt Colonial Road, Great Neck particular district; and provided further that
Road, Virginia Beach-Norfolk Express- in the case of other than the owner the
way (Va. Rt. 44), General Booth Boule- application is acknowledged by the owner of
vard, U.S. Interstate 64, Sandbridge the property. The application shall be accom-
Road, False Cape Parkway, Lynnhaven panied by a plan showing the actual dimen-
Parkway, Kompsvine Road, Providence sions and shape of the lot, the exact sizes and
Road and Indian River Road. (Ord. No. locations on the lot of existing and proposed
535; Ord. No. 536; Ord. No. 924, 2-26-79) buildings, if any, and the existing and
proposed uses of structures and open areas;
C. CONDITIONAL USES AND and by such additional information relating
STRUCTURES to topography, access, [and] surrounding land
Sec. 220. Purpose. uses.
The purpose of this section is to recognize (b) Fee& The application shall be accompanied
certain uses which, by their nature, can have by a fee of one h twenty-five dollars ($125.00)
an tindue impact upon or be incompatible to cover the cost of publication of notice of public
with other uses of land within a given zoning hearing and processing.
district. These uses as described may be (c) Action by the planning director. The
allowed to locate within given designated pk=ing director shar study the application
districts under the controls, limitations and and shall confer with pertinent city agencies
regulations of a conditional use permit. It to determine whether the proposed condition-
shall be the duty of the city council under the al use conforms to the general purpose and
provisions of this article to evaluate the intent of the development plan, any applica-
impact and the compatibility of each such ble regulations that have been adopted, and
use, and to stipulate such conditions and the requirements of this ordinance. Upon
restrictions including those specifically con- completion of such review, if the director
tained herein as will assure the use being shall determine that any propmo in the
compatible with the neighborhood in which it application does not meet the requirements of
is located, both in terms of existing land uses this ordinance, he sh&U reject the application
and conditions and in terms of development and return it forthwith, with its accompany-
proposed or permitted by @ight in the area; or ing fee, to the applicant. If the application
where that cannot be accomplished, to deny does meet the requirements of this ordinance,
the use as not being in accordance with the the director shall transmit all the findings
adopted comprehensive plan or as being and recommendations of the city agencies to
incompatible with the surrounding neighbor- the planning commission. However, nothing
@. (Ord. No. 1135,12-8-80) herein shall prohibit the director from accept-
Editoes no@. No. 1135, adopted Dec. 8,1980, ing a conditional use permit application if an
added a now 1 220 to put C of Art. 2, mn@bering fom- accompanying apphcation is pending before
or 1 220 m 221. any public agency, and if approval of the
See. 221. Procedural requirements and accompanying application would bring the
general standards for condi- subject into conformity with aU applicable
tional uses. regulations. Any appeal to [from] the decision
of the planning director may be made directly
(a) Application for conditional use permit. to the city manager.
Any p-perty -or, developer, optiones,
No. 16
2484
June 17, 1985
13 b-
514 Fairfax County v. Southland Corp., 224 Va. 514.
Syliab.,.
Richmond
BOARD OF SUPERVISORS OF
FAIRFAX COUNTY
V.
THE SOUTHLAND CORPORATION
@mber 3, 1982.
R=rd No. 90 1 127.
Preunt: All th. Justim.
Wliethe, g.ick st"i" fwd st@es ihould b, eq.i,,d i.
obtain spci-I exmpti" u@, Faifa. Co-nty Zning O,-
dimwt is 'fally dbalable" " evidewc; wdi-we is sus-
tward agaimi doe p,@ss ad qual P,.Ietio. attack.
(i) aam Comda SIW Towu - zowng - Pksding mW Practice - De-
c6miary @mets - Power to l@ Deciamtory Judgments (Code I
8.01-384) - Statutory Coosbwtion - T'bere Being Actual Controversy
mW Jadciabk lnt*Fest is Plaiodff, Court Had Subject Matim
J@dolL
(2) a@ Comtke aed Towns - Zoning - Pkeding and Practice - De.
claratory Judgmests - Power to Issue I)eciaratory Judgawats (Code I
LOI-184) - Statutwy Comtnwd" - lattrpretation of Municipal Or-
dimwe Wbm AebW C4mtmversy Exis@ Etc, Expressly Covered.
(3) a@ C@ mW Towm - Zoning - Nnding and Prikctice - De-
ckmtory J@es - Cantruction of Artick (Code SS 8.01-191) -
Statelary Comtrwdm - Declarefory Judgment Statutes Renbodial OW
y ln@t4 Etc.
(4) Cl@ Comtks oW Towm - Cowtitutional lAw - Powef
to ZAm b Ucskilve Power Wbkh my be Dekgated to Politicjkl &&
divWm of State to be CoostitedonaRy Exercised.
(5) adm Comtks wW Towm - Zoning - Zoning Ordinances @Y
(co& I 15.1@) - Statutory Construction - Counties May Adopt
@ Zoidag Ordimmes.
(4) @ Comdes iked Towns - Special Exceptions - Permit-
tW Prowbiew In Ordimnces [Code SS 15.1491(c)] - Constitu(ional lAw
Equel Protection - Due Process - Counties May inve Special
Ex Usder Sidtable Regulations and Safeg"rds.
(7) atim comtks &w Towns - zoiaing - Special Exceptions -
(8) Cl@ Coom" mW Towm - Zoning - SpecW Exceptions - Coosti-
@l lAw - EQLW Protectim - Doe Process - Lnislative Pow-
to Gmet. "@imtka, FAC.
(9) atim Comtko aW Towm - Specliki Exceptions - T@
WMcii P@ Gmated.
13c
opi.i-.
522 Fairfax County v. Southland Corp 224 Va. 5 4.
process. Each site is to be examined by public officials, guided b
standards set forth in the ordinance, for the im
have if carried out on that sitc- Although the usg
exception categories are permissible under the
permission is to be granted subject to such limit,
tions as public officials niay impose in order to r(
of !@ use upon neighboring properties and the pi
whicn would bc caused by those uses permitt matter of
right. See Bell v. City Council, 224 Va. 490, 297 d 810, de.
cided today. See also 3 Anderson, supra, SS 18.1 Rathkopf,
supra, SS 12.06.
1 1 0- I I I Whether a legislative body has reserved unto itself the
power to grant or denv special exceptions use permits, or bas
delegated the powcr t@a als, we have con-
sistently hcld the exercisc a iegislative, rathcr
than an administrative a County, 217
Va. 185, 227 S.E.2d 682 County, 217
Va. 37, 225 S.E.2d 369 (I Randall, 215
Va- 506, 211 S.E.2d @6 Chesterfield
of thg lative body,
placc c uses in the
ory, is a legislative ac-
t uenccs of private
rc calth, and safcty
al review of legislative zon-
ing decisions ai w I settled. The action of the local govcrning
body in enacting or amcnding its zoning ordinance is presumc-d to
be valid. Inherent in the presumption of legislative validity is a
presumption that the classification that the ordinance contain$,
and the distinctions which it draws, are not arbitrary, not capri-
cious, but reasonable. Where such prcsumptive reasonablcness is
challenged by probativc evidence of unreasonableness, the ordi-
' This distinguisho the Pecial e-ception fmm thc arianm. Thc latt., authori- A -
.hich ould otherwiu be prohibitd by Lhc ordinance. Zoning o,dinanca usually dcl-P"
to public officials the po.er to grant varianm whcr, lii,r,l .f,,C,.C.t would M-11 io
, .p,. 1 18.03, i 19-02 ru-
minist,ati@e, tothcr than a
267 S.E.2d 140 (1980). See 4-
S.E.2d 814 (1981).
S-P-. 1 19.10 al 380-81.
13d
Fairfax County v. Southland Corp., 224 Va. 514. 521
opi.io@.
abstract." This gavc it standing to invoke the court's declaratory
judgment jurisdiction. Henrico County v. F. & W. Inc., 222 Va.
218, 278 S.E.2d 859 (1981).
12-31 An "actual rontroversy," amounting to an "actual antago-
nistic assertion and denial of right," "involving the interpretation
of . . . . municipal ordinances," is onc of the classes of case, ex-
pressly made thc subject of declaratory judgment jurisdiction by
Code SS 8.01-184. The declaratory judgment statutes are remedial.
Their purpose is "to afford relief from the uncertainty and insecu-
rity attendant upon controversies over legal rights, without requir-
ing one of the parties interested so to invade the rights assertcd by
the other as to entitle him to maintain an ordinary action thcre-
for." Code SS 8.01-191. They are to be "liberally interpreted and
administered with a view to making the courts more serviceable to
the peopic." Id. We hold that the court had subject matter
jurisdiction.
[4-6] We now turn to the merits. The power to regulate tbc use
of land by zoning laws is a legislative power, residing in the state,
which must be exercised in accordance with constitutional princi-
ples. This power may be delegated to the political subdivisions of
the state. Civic Assoc. v. Chesterfield County, 215 Va. 399, 209
S.E.2d 925 (1974). Code SS 15.1-486 autborizes the governing
bodies of Virginia counties to adopt local zoning ordinances. Sec-
tion 15.1-491 (c) autborizes such governing bodies to reserve unto
themselves the right to issue "special exceptions under suitable
regulations and safeguards."
[7-9] The terms "special exception" and "special use permit"
are interchangeable. Anastasi v. Zoning Commission, 163 Conn.
187, 302 A.2d 258 (1972); Burroughs v. Board of County
Commrs., 88 N. M. 303, 540 P.2d 233 (1975). Both terms refer
to the delegated power of the state to set aside certain categories
of uses which are to be permitted only after being submitted to
governmental scrutiny in each case, in order to insure compliance
with standards designed to protect neighboring properties and the
Public. See generally 3 R. Anderson, American Law of Zoning 2d
i. 19-01 (2d ed. 1977); 1 Rathkopf, The Law of Zoning and Plan-
Jur. 2d, Zoning and Plan-
may require certain uses,
ially greater impact upon
an those uses permitted in
dergo the special exception
- 14 -
Item II-H.6
PLANNING ITEM # 23766
John Hadjikakos, co-applicant, represented himself and John Vakos
Upon motion by Councilmaii Fentress, seconded by Couiicilwoman Oberlidorf, City
Council ADOPTED an ordinance upon application of JOHN VAKOS AND JOHN HADJIKAKOS
for a Coliditioiial Use Permit as per the followitig:
ORDINANCE UPON APPLICATION OF JOHN VAKOS AND JOHN
HADJIKAKOS FOR A CONDITIONAL USE PERMIT FOR A
PARKlNG LOT R0685751
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upoil applicatioli of John Vakos and John
Hadjikakos for a Conditional Use Permit for a
parking lot on certain property located at the
southeast corner of Atlantic Avenue and 14th Street.
Said parcel contaiiis 37,500 square feet. Plats with
more detailed information are available iii the De-
partment of Planning. VIRGINIA BEACH BOROUGH.
This Ordinaiice shall be effective upon the date of adoptioti.
Adopted by the Council of the City of Virginia Beach, Virgillia, oil the
Seventeenth day of Juiie, Nineteeii Hundred and Eighty-five.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress* Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jeniiings, Jr., Louis R.
Jones, Robert G. Jones, Vice Mayor Reba S. McClailaii, J. Henry
McCoy, Jr., D.D.S., aiid Meyera E. Oberndorf.
Council Members Voting Nay:
None
Jurie 17, 1985
Council Members Absent:
None
- 15 -
Item II-H.7
PLANNING ITEM # 23767
Attoriiey Grover Wright represented the applicant
Upon motion by Vice Mayor McClaiiali, seconded by Councilwoman Heiiley, City
Council ADOPTED aii Ordinance upon applicatioii of BERTHA L. BRENNEMAN for a
Conditioiial Use Permit as per the following:
ORDINANCE UPON APPLICATION OF BERTRA L. BRENNEt4AN
FOR A CONDITIONAL USE PERMIT FOR A HOME OCCUPATION
(MOULDING SHOP) R0685752
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACE, VIRGINIA
Ordinance upon applicatioii of Bertha L. Breniieman for
a Conditioiial Use Permit for a home
.hop) on certaiii property located On the south side of
North Landiiig Road, 1800 feet more or less east of Salem
Road. Said parcel is located at 3401 North Laiiding Road
aiid contaiiis 200 acres. Plats with more detailed infor-
mation are available iii the Department of Planiiiiig. PRINCESS
ANNE BOROUGH.
The following conditions shall be required:
1. Any subsequent devlopment of this site will require
reconsideration of this use permit.
2. There shall be no phvsical change in the outside
appearance.
3. Approval shall be for a period of two years.
This Ordinance shall be effective upon the date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
Seveiiteenth day of June, Nineteeii Huiidred alid Eighty-five.
Voting: 11-0
Couiicil Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R.
Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry
McCoy, Jr., D.D.S., and Meyera E. Oberndorf.
Council Members Votiiig Nay:
None
June 17, 1985
Council Members Absent:
Noiie
- 16 -
Item II-H.8
PLANNING ITEM # 23768
Leon R. Zook, Trustee Kempsville Mennonite Church, represented himself
Upoii motion by Vice Mayor McClanan, seconded by Councilman Baum, City
Council ADOPTED an Ordiiiaiice upon applicatioii of LEON R. ZOOK, TRUSTEE,
KEMFSVILLE MENNONITE CHURCH for a Conditoiial Use Permit as per the following:
ORDINANCE UPON APPLICATION OF LEON R. ZOOK, TRUSTEE,
KEMPSVILLE MENNONITE CHURCH FOR A CONDITIONAL USE
PERMIT FOR A CHURCH AND A SCHOOL R0685753
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinaiice upon application of Leon R. Zook, Trustee,
Kempsville Mennonite Church for a Conditonal Use Permit
for a church and a school oii the south side of North
Landing Road, 3800 feet more or less east of Salem Road.
Said parcel contains 4.278 acres. Plats with more de-
tailed information are available iii the Departmeiit of
Planning. PRINCESS ANNE BOROUGH.
The following condition 6hall be required:
1. Dedication of right-of-way to provide for an ultimate
66-foot right-of-way aloiig North Laliding Road as per
the Master Street and Highway Plan.
This Ordiiiance shall be effective upon the date of adoption.
Adopted by the Council of the City of Virgiiiia Beach, Virgiiiia, on the
Seventeenth day of June, Nineteen Huildred alid Eighty-five.
Votiiig: 11-0
Couiicil Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jenniiigs, Jr., Louis R.
Jones, Robert G. Jones, Vice Mayor Reba S. McClaiiaii, J. Henry
McCoy, Jr., D.D.S., and Meyera E. Oberiidorf.
Council Members Voting Nay:
None
Council Members Absent:
Noiie June 17, 1985
1 7
Item II-H.9
PLANNING ITEM # 23769
Richard Browner represented the applicant
Upon motion by Vice Mayor McClaiian, seconded by Councilwoman Creech, City
Couiicil ADOPTED an Ordinance upon application of BEL-AIRE, INC., for a
Conditonal Use Permit as per the following:
ORDINANCE UPON APPLICATION OF BEL-AIRE, INC.,FOR A
CONDITIONAL USE PERMIT FOR AN AUTOMOBILE SERVICE
STATION R0685754
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of Bel-Aire, Inc. for a Con-
ditional Use Permit for an automobile service station on
certain property located at the northeast corner of General
Booth Boulevard and Dam Neck Road. Said parcel contains
40,000 square feet. Plats with more detailed information
are avalable iii the Depatment of Planiiing. PRINCESS ANNE
BOROUGH.
The following coiiditioiis shall be required:
1. Cross access easements with the adjoining commercial
property.
2. Dedication of an appropriately sized scenic easement and
controlled access easements along Oceana Boulevard as
required by the Master Street and Highway Plati and in
accordalice with the City of Virginia Beach Specifications
aiid Standards.
This Ordinaiice shall be effective upon the date of adoption.
Adopted by the Couiicil of the City of Virginia Beach, Virginia, on the
Seventeeiith day of June, Nineteen Hundred aiid Eighty-five.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R.
Joiies, Robert G. Jone5, Vice Mayor Reba S. McClanan, J. Henry
McCoy, Jr., D.D.S., and Meyera E. Oberndorf.
Council Members Voting Nay:
None
Council Members Absent:
June 17, 1985
Noiie
Item II-H.10a. - 18 -
PLANNING ITEM # 23770
Attorney Grover Wright represented the applicant
LCDR Al Petrie, representing Naval Air Station Oceana, referenced this appli-
cation lies within the AICUZ zone.
Upon motion by Vice Mayor McClaiian, seconded by Councilman Baum, City Couiicil
ADOPTED Ordinances upon application of T.C.C. DEVELOPMENT CORPORATION for Changes
of zoning as per the following:
ORDINANCE UPON APPLICATION OF T.C.C. DEVELOPMENT CORPO-
RATION FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM
AG-2 TO B-2 Z0685985
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VLRGINIA BEACH, VIRGINIA
Ordinance upon applicatioii of T.C.C Development Corp. for
a Change of Zoning District Classificatioli from AG-2 Agri-
c l@tural District to B-2 Commuiiity-Busiiiess District oii cer-
tain property located at the southwest corner of Harpers
Road and Phantom Boulevard. Said parcel coiltains 1.188 acres.
Plats with more detailed informatioii are available in the De-
partment of Plaiiniiig. PRINCESS ANNE BOROUGH
Prior to the chaligilig of the official zoning maps, the followiiig coiiditions shall
be met:
1. A 30-foot dedication of right-of-way along the frontage oii
Harpers's Road 45 feet from the ceiiterline of the old 30-
foot right-of-way to provide for an ultimate 90-foot right-
of-way as per the Master Street and Highway Plaii.
2. Dedicatioii of 2 feet of right-of-way along the frontage oil
Harper's Road for the proposed bike path as shown in the
Virginia Beach Bikeway Plan.
A N D,
ORDINANCE UPON APPLICATION OF T.C.C. DEVELOPMENT GORPO-
RATION FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM
AG-2 to A-1 Z0685986
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinaiice upon application of T.C.C.Development Corporatioll
for a Change of Zoning District Classification from AG-2
Agricultural District to A-1 ApartmeLit District on certaiii
property located on the south side of Harpers Road, 272.85
feet west of Phantom Boulevard. Said parcel coiitaiiis 11.7775
acres. Plats with more detailed information are available
in the Department of Planning. PRLNCESS ANNE BOROUGH.
Prior to the changing of the official zoiiiiig maps, the following conditioiis shall
be niet:
1. A 30-foot dedication of right-of-way along the frolitage on
Harper'8 Road 45 feet from the centerlitie of the old 30-
foot right-of-way to provide for an ultimate 90-foot right-
of-way as per the Master Street and Highway Plan.
2. Dedicatioii of 2 feet of right-of-way aloiig the frontage o,,
Harper's Road for the proposed bike path as showii iii the
Virginia Beach Bikeway Plan.
3. A disclosure statemeiit that this property lies within the
AICUZ zone shall be made to all purchaser6.
Item II-H.10,,. - 19 -
PLANNING ITEM # 23770 (Continued)
A N D,
ORDINANCE UPON APPLICATION OF T.C.C. DEVELOPMENT CORPO-
RATION FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION
FROM A-1 TO B-2 Z0685987
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CIIY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application Df T.C.C- Development Corpo-
ration for a Change of Zoniiig District Classificatio, fr,m
A-1 Apartment District to B-2 Community-Business Di8-
trict on certain property located t the southeast corner
of Harpers Road and Phantom Boulevard. Said parcel contailis
1.119 acres. Plats with more detailed informatioli are avail-
able in the Departmeiit of Planni,,g. PRINCESS ANNE BOROUGH.
Prior to the changing of the official zoniiig maps, the following conditions
shall be met:
1. A 30-foot dedication of right-of-way along the frolitage on
Harpers's Road 45 feet from the centerline of the old 30-
foot right-of-way to provide for a, Itimate 90-foot right-
of-way as per the Master Street and Highway Plan.
2. Dedication of 2 feet of right-of-way along the frontage oli
Harper's Road for the proposed bike path as shown in the
Virgiuia Beach Bikeway Plan.
These Ordiiiances shall be effective upon the date of adoptioti.
Adopted by the Council of the City of Virginia Beach, Virginia, oil the
Seveiiteenth day of Juiie, Nilieteeii Hundred and Eighty-five.
Voting: 9-1
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress,
Mayor Harold Heischober, Barbara M. Henley, H. Jack
Jeniiiugs, Vice Mayor Reba S. McClanaii, J. Henry
McCoy, Jr., D.D.S., and Meyera E. Obernodorf
Council Members Voting Nay:
Robert G. Jones
COuncil Members Abseiit:
Louis R. Jones
COunci@n Louis R. Joiies left the City COuncil Meeting at 3:05 P.m. aiid retur,ied
at 4:05 p.m., in order to attend the funeral of An employee's father.
June 17, 1985
- 20 -
Item 11-H.10b.
PLANNING ITEM # 23771
Upon motioii by Vice Mayor McClanan, seconded by Couiicilman Baum, City
Council DEFERRED INDEFINITELY or until receipt of the consultant's report
regardiiig the AIGUZ evaluations, Ordinances upon application of T.C.C.
DEVELOPMENT CORPORATION for Changes of Zoiiing as per the following;
ORDINANCE UPON APPLICATION OF T.C.C. DEVELOPMENT
CORPORATION FOR A CHANGE OF ZONING DISTRICT CLASSI-
FICATION FROM AG-2 TO 1-2
Ordinance upon application of T.C.C. Development Corpo-
ration for a Change of Zoning District Classification
from AG-2 Agricultural District to I-2 Heavy Industrial
District on certain property located on the liorth side
of London Bridge Road, 200 feet more or less west of
Swamp Road. Said parcel contains 96.80 acres. Plats
with more detailed information are available iii the De-
partment of Planning. PRINCESS ANNE BOROUGH.
A N D,
ORDINANCE UPON APPLICATION OF T.C.C. DEVELOPMENT
CORPORATION FOR A CHANGE OF ZONING DISTRICT CLASSI-
FICATION FROM AG-1 TO I-2
Ordinance upon application of T.C.C. Development Corpo-
ration for a Change of Zoning District Classification
from AG-1 Agricultural to 1-2 Heavy Industrial District
on certain property located 600 feet liorth of Loiidon
Bridge Road, 600 feet west of Swamp Road. Said parcel
contains 155.50 acres. Plats with more detailed iiifor-
matioii are available in the Department of Planniilg.
PRINCESS ANNE BOROUGH.
Voting: 10-0
Council Members Voting Aye:
Johii A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Robert G.
Jones, Vice Mayor Reba S. McClanan, J. Henry McCoy, Jr., D.D.S.,
and Meyera E. Oberndorf
Council Members Voting Nay:
None
Couiicil Members Absent:
Louis R. Joiies
June 17, 1985
- 21 -
Item II-H.11
PLANNING ITE4 # 23772
Attorney Robert Cromwell, represented the applicant and requested DEFERRAL
The following registered in OPPOSITION but did not speak:
Lou Pace, resident of Hunt Club Forest
Barabara Ferguson, President of the Hunt Club Forest Civic Assocatioli
Upon motion by Vice Mayor McClanan, secoiided by Couiicilman Fentress, CiLy Council
DEFERRED until receipt of the report on the study of "COMMERCIAL DEVELOPMENT
ON GENERAL BOOTH BOULEVARD", the Ordinance upou application of SANDRA G. AND
DONALD G. PRATT for a Chaiige of Zoniiig as per the following:
ORDINANCE UPON APPLICATION OF SANDRA G. AND DONALD
G. PRATT FOR A CHANCE OF ZONING DISTRLCT CLASSIFICATION
FROM R-3 TO B-2
Ordiiiaiice upou application of Sandra G. and Donald G.
Pratt for a Chaiige of Zoning District Classification
from R-3 Residential District to B-2 Cotmunity Busilieas
District on certain property located on the east side of
General Booth Boulevard begiiining at a point 605 feet
more or less north of Princess Anne Road. Said parcel
is located at 2244 General Boulevard and contaitis I
acre. Plats with more detailed iiiformatioii are available
in the Department of Planiiiiig. PRINCESS ANNE BOROUGH.
Voting: 11-0
Council Members VOtiDg Aye:
John A. Baum, Naiicy A. Creech, Robert E. Feiitress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R.
Jones, Robert G. Joiies, Vice Mayor Reba S. McClanan, J. Heilry
McCoy, Jr., D.D.S., and Meyera E. Oberndorf.
Couiicil Members Voting Nay:
None
Couiicil Members Absent:
None
This Item was moved after the Ordinance upon application of SITE DEVELOPMENT
ASSOCIATES.
June 17, 1985
- 22 -
Item II-H.12
PLANNING ITEM # 23773
Attorney Grover Wright represented the applicant
Herb Dugroo, resident of 2240 Oceana Boulevard
OPPOSITION;
Barbara Ferguson, President of the Huiit Club Forest Civic Association
Lou Pace, residelit of Hunt Club Forest
Sheridan Barbara, President of the Virgiiiia Beach Civic Coalitioli
A MOTION was made by Vice Mayor McClanan, seconded by Councilmaii Robert Joiies
to DENY an Ordiiiance upon applicatioii of SITE DEVELOPMENT ASSOCIATES for a
Change of Zoning from R-3 Residential District to B-2 Commuiiity-Busitiess
District oii a 12.7-acre parcel located on the east side of General Booth
Boulevard, tiorth of Priiicess Aniie Road (PRINCESS ANNE BOROUGH)
Upon SUBSTITUTE MOTION by Councilman Jeiinings, secoiided by Councilmati Feiitress,
City Council DEFERRED uiitil receipt of the report on the study of "COMMERCIAL
DEVELOPMENT ON GENERAL BOOTH BOULEVARD", the Ordiiiaiice upon applicatioli of
SITE DEVELOPMENT ASSOCIATES for a Change of Zoning as per the following:
ORDINANCE UPON APPLICTION OF SITE DEVELOPMENT ASSO-
CIATES FOR A CHANGE OF ZONING FROM R-3 to B-2
Ordinance upon application of Site Development Asso-
ciates for a Change of Zoniiig District Classification
from R-3 Residential Di6trict to B-2 Commuuity-Business
District oii certain property located oil the east side
of General Booth Boulevard 605 feet north of Princess
Anne Road. Said parcel coiitaiiis 12.7 acres. Plats with
more detailed information are available in the DepartmeLit
of Plaiiiiing. PRINCESS ANNE BOROUGH.
Voting: 8-3
Council Members Voting Aye:
Johii A. Baum, Nancy A. Creech, Robert E. Fentre$6,
H. Jack Jennings, Jr., Robert G. Jones, Louis R.
Joiies, Vice Mayor Reba S. McClanan, and J. Henry
McCoy, Jr., D.D.S.
Council Members Votilig Nay:
Mayor Harold Heischober, Barbara M. Henley, aild
Meyera E. Oberndorf
This Item was moved forward before the Ordinance upon applicatioii of SANDRA
G. AND DONALD G. PRATT.
June 17, 1985
- 23 -
Item II-H.13
PLANNING ITEM # 23774
Frank Butler represented the applicalit and requested WITHDRAWAL
Upoii motioii by Vice Mayor McClanan, seconded by Councilwoman Obertidorf, City
Council ALLOWED WITHDRAWAL of Ordiiiances upon application of WILLIAM ROBERT
AND COMPANY for Changes of Zoiiing as per the followilig:
ORDINANCE UPON APPLICATION OF WILLIAM ROBERT AND
COMPANY FOR A CHANGE OF ZONING DISTRICT CLASSI-
FICATION FROM R-4 TO R-8
Ordinaiice upoii applicatiaii of William Robert and
Company for a Change of Zoiiiiig District Classi-
ficatioli from R-4 Residential District to R-8
Residential District on certaiii property located
on the south side of Elbow Road, 1762 feet east
of Iiidiaii River Road. Said parcel colitaiiis 41.01
acres. Plats with more detailed informatioil are
available in the Department of Plaiiiiiiig. PRLNCESS
ANNE BOROUGH.
A N D,
ORDINANCE UPON APPLICATION OF WILLIAM ROBERT AND
COMPANY FOR A CHANGE OF ZONING DISTRICT CLASSI-
FICATION FROM R-8 TO PD-H2
Ordinaiice upon application of William Robert and Company
for a Change of Zoiiiilg District Classification from R-8
Residential District to PD-H2 Planned Unit Development
District on certain property located oli the south side
of Elbow Road, 1762 feet east of Indian River Road.
Said parcel colitains 41.01 acres. Plats with more
detailed itiformatioii are available in the Department
of Planiling. PRINCESS ANNE BOROUGH.
Voting: 11-0
Council Members Votilig Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jeiinings, Jr., Louis R.
Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Heiiry
McCoy, Jr., D.D.S., aiid Meyera E. Oberndorf.
Couiicil Members Voting Nay:
None
Council Members Absent:
None June 17, 1985
This item was moved forward to the first item on the PLANNING AGENDA
- 24 -
Item 11-H.14.a
PLANNING ITEM # 23775
Attorney Edward (Ned) T. Caton, represented the applicant
Attorney Glenii Croshaw, represeiited the Linlier Civic League, distributed copies
of the AGREEMENTS betweeii the LINLIER CIVIC LEAGUE, INC. aiid the applicants,
aiid spoke in opposition (said Agreemeiits are hereby made a part of the record).
William Myers, twenty-five year resident of Liiilier, spoke in oppositioii
Upon motion by Councilman Jeiiiiiiigs, seconded by Councilmaii FeDtress, City
Couiicil ADOPTED an Ordinaiice upon application of JOHN RAY, DEAN S., BETTY W.,
GORDON B., LUCILLE B., AND HELEN S. POTTER for Chaiiges of Zoning as per the
following:
ORDINANCE UPON APPLICATION OF JOHN RAY, DEAN S., BETTY W.,
GORDON B., LUCILLE B., AND HELEN S. POTTER FOR A CHANGE
OF ZONING FROM B-1 TO B-2 Z0685988
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinalice upoii application of Johii Ray Potter, Dean S.
Potter, Jr., Betty W. Potter, Gordon B. Potter, Lucille
B. Potter and Helen S. Potter for a Chaiige of Zoiiing Dis-
trict Classification from B-1 Business-Resideiitial District
to B-2 Commuiiity-Business District aii certaiii property lo-
cated on the iiorth side of Laskiii Road, 470 feet more or
less west of Winwood Drive. Said parcel coutains 6.77 acres.
Plats with more detailed information are available in the
Department of Planning. LYNNHAVEN BOROUGH.
Attorney Ned Caton, represeitting the applicaiit, agreed to those voluiltary con-
ditions listed iii his letter dated Juiie 13, 1985 and shown as Numbers 1, 2 aild
6 plus the previous agreement to provide the 8-foot Berm. This letter will be
part of these proceeditigs.
This Ordiiiance shall be effective upoii the date of adoptioll.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
Seveiiteenth day of June, Nineteeli Hundred and Eighty-five.
Votiiig: 8-3
Council Members Votiiig Aye:
John A. Baum, Robert E. Feiitress, Mayor Harold Heischober,
H. Jack Jeiiiiings, Jr., Louis R. Joiies, Robert G. Joiies,
Vice Mayor Reba S. McClanaii, and J. Henry McCoy, Jr., D.D.S.
Council Members Voting Nay;
Nancy A. Creech, Barbara M. Henley, aiid
Meyera E. Oberndorf
Council Members Absent:
None June 17, 1985
- 24a
LAW OFFICES
CATON 8 KOCH, P.C.
..X .2
VIP GINIA BEACH. VIPGFN [A 23458
EDWARD T. CATON 250. -CIFIC AVEN.E AREA CODE 80.
BARRY RANDOLPH KOCH June 13,1985 .28- 4681
Honorable Mayor and
Honorable Members of the Council of the
City of Virginia Beach
Virginia Beach, Virginia
Linlier Civic League, Inc. and its Members
and
Residents and Homeowners of Linlier
RE: Change of Zoning District Petition and Application
John Ray Potter, Dean S. Potter and Gordon B. Potter, Jr.
From: B-1 and 0-1 District to B-2 District
Parcels B and C; Lynnhaven Borough
Ladies and Gentlemen:
So that there may be no misunderstanding and to document our offer to protect
the neighborhood of Linlear. This is to establish that if we are granted the above
zoning change, we are willing to:
1. Have no automobile service or automobile repair facility on either Parcel;
2. Have no dance halls, bars, taverns or night clubs on either Parcel;
3. On Parcel C, bave only one-story construction;
4. Install a "living fence" on the top of the berm separating our property
from Linlear which berm is specified in the Agreement dated July 26,
1977, paragraph 4;
5. Establish a 501 building setback line from our eastern property line;
6. Renew our Agreement dated July 26, 1977 for a period of 21 years from
the date our Zoning District Petition and Application is granted.
We further agree that we will enter into any further documentation with the
City or others desirable to further document this understanding and agreement.
Re lly yours,
ETC/fcs
Seen and Agreed To:
qdlv,, @ r) Ii
John Ray Potter
@, p June 17, 1985
Dean S. Potter, Jr.
Gordon B. Potter
- 25 -
item II-H.14.b
PLANNING ITEM # 23775 (Cotitiliued)
Attorney Edward (Ned) T. Catoti, represeiited the applicaitt
Attorney Glenii Croshaw, represeiited the Litilier Civic League, distributed copies
of the AGREEMENTS betweeii the LINLIER CIVIC LFAGUE, INC. and the applicalits.
and spoke iii opposition (said Agreements are hereby made a part of the record).
William Myers, twenty-five year resident of Linlier, spoke in opposition.
A motion was made by Couiicilman Jeniiiiigs to ADOPT aii Ordiantice upoii application of
JOHN RAY, DEAN S., BETTY W., GORDON B., LUCILLE B. AND HELEN S. POTTER for
a Change of Zoning from 0-1 to B-1 (AS MODIFIED). Said MOTION was lost for wallt
of a SECOND.
Upon matioii by Councilmaii Baum, seconded by Councilman Louis Jones, City Council
DENIED aii Ordiiiance upoii applicatioii of JOHN RAY, DEAN S., BETTY W., GORDON B.,
LUCILLE B. AND HELEN S. POTTER for a Change of Zoning as per the following:
ORDINANCE UPON APPLICATION OF JOHN RAY POTTER,
DEAN S. POTTER, JR., BETTY W. POTTER, GORDON B.
POTTER, LUCILLE B. POTTER AND HELEN S. POTTER FOR
A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM
0-1 TO B-2
Ordinance upo@i applicatioii of Johii Ray Potter, Dean S.
Potter, Jr., Betty W. Potter. Gordoii B. Potter, Lucille
B. Potter aiid Heleii S. Potter for a Chaiige of Zoning
District Classificiation from 0-1 Office District to
B-2 Community Business District oii certaiii porperty lo-
cated 440 feet Liorth of Laskin Road, 250 feet west of
Winwood Drive. Said parcel coiitains 3.518 acres. Plats
with more detailed i@iformatioii are available iii the De-
partment of Planiii.iig. LYNNHAVEN BOROUGH.
Voting: 10-1
Couiicil Members Votiiig Aye:
John A. Baum, Naticy A. Creech, Robert E. Feiitress, Mayor Harold
Heischober, Barbara M. Henley, Louis R. Jones, Robert G. Joties,
Vice Mayor Reba S. McClatian, J. Heiiry McCoy, Jr., D.D.S., atid
Meyera E. Oberndorf
Couilcil Members Votilig Nay:
H. Jack Jennings, Jr.
Council Members Absent:
None
June 17, 1985
- 26 -
Item II-15.
PLANNING ITEM # 23776
Upon motion by Councilman Feiitress, seconded by Vice Mayor McClalian, City
Council DEFERRED for oiie week until the City Council Meetiiig of June 24, 1985,
an Ordinance upon application of THE CITY OF VIRGINIA BEACH, VIRGINIA, for a
Change of Zoning. This DEFERRAL will enable the matter to be considered with
the iiecessary accompanyiiig Ordiiiaiice.
ORDINANCE UPON APPLICATION OF THE CITY OF VIRGINIA BEACH,
VIRGINIA, FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION
FROM R-7 TO R-8
Ordinaiice upoli application of the City of Virginia Beach
Virgiiiia, for a Cha strict Classification
from R-7 Residential District to R-8 Residential District
at the southwest corner of 15th Street and Mediterraliean
Aveliue on Lots 1-8 and part of Lot 26, Block 115; Lots
1-21 and 33-42, Block 110; Lots 1-34 and 37-42, Block 105;
Lots 1-7, Block 119; Lots 13-15, part of Lot 16, Lots 22-31
aiid Lots 35-36, Block 116; Lots 1-42, Block 111; Lots 1-23
and Lots 28-42, Block 106, Lots 1-30, Block 120; Lots 1-15
aiid Lots 27-41, Block 117; Lots 1-5, Lots 9-16 and Lots 19-42,
Block 112; Lots 1-20, Lots 29-32 and Lots 37-40, Block 107; Parcel
A, Block 122; Parcels I aiid 2; Lots 1-9, Block 121, Parcel C;
Lots 1-15 and Units 1100-1106, Block 118; Lots 5-6 alid Lots
9-18, Block 108; Lots A-B aiid Lots 11-20, Block 6; Lots 1-16,
Block 7, and Part of Parcel 199, Subdivisions of Lakewood
and Pinewood. Plats with more detailed informatioii are
available in the Departmeiit of Planiiiiig. VIRGINIA BEACH
BOROUGH.
Votiiig: 11-0
Couiicil Members Voting Aye:
John A. Baum, Naiicy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jeiinings, Jr., Louis R.
Jones, Robert G. Joiies, Vice Mayor Reba S. McClaiiaii, J. Henry
McCoy, Jr., D.D.S., alid Meyera E. Oberndorf.
Council Members Voting Nay:
None
Council Members Absent:
None
June 17, 1985
- 27 -
ttem II-1. I
RESOLUTIONS ITEM # 23777
The following spoke concerniiig the Resolution to AMEND Section 5 coiiceriling
the CITIZENS'S ADVISORY COMMITTEE:
John Perry, Chairmau of the Citizeiis Advisory Committee.
Ernest Benson, represented the Queen City Target Area
Upon motion by Couiicilwoman Creecb, secotided by Councilman Robert Joiies, City
Council ADOPTED a Resolution to amend SECTION 5 of a resolution passed by
City Council dated April 12, 1982, concernilig the CITIZEN'S ADVISORY COMMITTEE.
Voting: 8-3
Council Members Voting Aye:
Johii A. Baum, Nancy A. Creecb, Robert E. Fentress,
Mayor Harold Heischober, H. Jack Jeniiiiigs, Jr.,
Robert G. Jones, Vice Mayor Reba S. McClanan,
aiid J. Henry McCoy, Jr. D.D.S.
Council Members Voting Nay:
Barbara M. Henley, Louis R. Jones, aild Meyera E.
Oberndorf
Council Members Absent:
None
June 17, 1985
27a -
A RESOLUTION TO AMEND SECTION 5 OF A
kESOLUTION PASSED BY CITY COUNCIL DATED
APRIL 12, 1982 CONCERNING THE CITIZEN'S
ADVISORY COMMITTEE
WHEREAS, City Council passed a Resolution on April 12,
1982 establishing a Citizen's Advisory Committee;
WHEREAS, the Resolution did not set forth the terms of
the members of the Citizen's Advisory Committee; and
WHEREAS, it is the desire of City Council to set forth
the terms of said members.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE
CITY OF VIRGINIA BEACH, VIRGINIA:
,rhat Section 5 of the Resolution adopted by the Council
of the City of Virginia Beach, Virginia, on April 12, 1982 be
revised as follows:
Section 5. That members of the Citizen's Advisory
Committee shall be named by the Council of the City of Virginia
Beach and said terms shall expire on September 30, 1985. The
Chairman and Vice-Chairman of the committee shall be selected by a
majority vote of the members of the committee and shall serve at
the pleasure of the committee.
That this Resolution shall be in effect from and after
its adoption.
Adopted by the Council of the City of Virginia Beach,
Virginia on June 17, 1985.
DSH/re
5/14/85
(RES.3)
Juiie 17, 1985
R E S 0 L U T I 0 N
WI]EREAS,
.lie 1981 amendmeiii-s to the Ilousing and I-ommunity Development
Act of 1974 made substantial changes to the Community Devel.opment Block Grant
Program conceriilng citizen participation; Those amendments require that the City
of Virgiii4-a Bca-.h shall:
1) Furnish citizens information concerning the amount of funds
available for pcoposed colutuunity development and housing activities and
the range of activities that may be undertaken;
2) Publish a proposed statement in such manner to afford af-
fected citizens an opportunity Eo examine its content and to submit com-
ments to the City on the proposed statement and on the community develop-
ment performan,,e of the City;
3) Hold one (1) or more public hearings to obtain the views of
citizens on communi.ty development and housing needs; and
4) Consider any such ccmments and views in preparing the
statement and may, if deemed appropriate by the City, modify the proposed
statement; and make the final statement availa@le to the public.
WHEREAS, it is the desire of. the Council to establish a Citizen's
Advisorv Committee to be an aid to Council in order for the City to meat those
requiremeiits under the 1981 amendments concerning the citizen participation
process;
NOW, TREREFOPE., BE IT RESOLVED BY THE COUNCIL OF TIIE CITY OF VIRGINIA
BEACH, VIRGINIA:
Secti.on 1. That there is hereby established a Citizen's Advisory
Committee to serve in an advisory capacity to the Council.
Section 2. That the Citizen's Advisory Committee shall be composed
of fifteen (15) members.
Section 3. That the members shall be representatives of the City
and shall serve without compensation.
-,L th,- i@ul.icy of the CiLy Coui,cil oe tO S' --eLL
persons who will represent each of the target neighborlioods as shown on
Exhibit "A" zittaclied liereto and incorporated by reference, and three (3)
members AT I.ARGE who sliall. serve with voting privileges.
3
Section 5. That members of the fitizen's Adviso,v Commiri7ee. sli,,ll.
named by the Council of the City of Virginia Beach and shall serve at the
pleasure of the Council. The Chairinan and Vice-Chairman of the committee shall
be selected by a majority vote of the members of the committee and shall serve
at the pleasure of the committee.
Section 6. Al.1 other resolutions, policies, or written bylaws in
conflict with this resolution are hereby repealed.
Section 7. That this resolution shall be in effect from and after
its adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on
April 12, 1982.
E X Ii I B I T "A"
TAP,-,ET AREAS NlEi-IBERSIIIP MEMBER
DoylrLown Mary Ellen Evans
Atlantic Park Mrs. Susie Whitehurst
Graceto,,.,n Joseph Lee
Seatack Rev. Barnett Thoroughgood
Burton Station Isaac Herbert
Mill Dam Johnny Haynes
Lake Smith Mrs. Janice L. Holloway
Queen City Ernest Benson
Beechwood Mrs. Leola Williams
Reedtown Mrs. Mary Smith
Newsome Farms Mrs. Mary Davenport
Newlight Mrs. Alice Green
At ',arge Mrs. Sherri Anne Baxter
At Large Joshua F. Edwards
At Large Franklin H. Friend
Adopted by the Council of the City of Virginia Beach on the 12th day of
April, 1982.
- 28 -
Item II-1.2
RESOLUTIONS ITEM # 23778
Letter of Juiie 17, 1985, from the City Attorney was distributed to City Council
requesiiig DEFERRAL of said RESOLUTIONS as Minutes of the Meeting of the Development
Authority on June 11, 1985, have tiot been completed (Said letter is hereby made
a part of the record).
Upon motion by Councilmaii Jennings, seconded by Councilwoman Oberndorf, City
Council DEFERRED untio the City Couiicil Meeting of June 24, 1985, Resolutiolis
approving the issuance of INDUSTRLAL DEVELOPMENT REVENUE BONDS as per the
following:
RESOLUTION APPROVING THE ISSUANCE OF INDUSTRIAL DEVELOPMENT
REVENUE BONDS IN THE AMOUNT OF $22,000,000 TO OCEAN VILLAGE
APARTMENTS LIMITED PARTNERSHIP.
RESOLUTION APPROVING THE ISSUANCE OF INDUSTRIAL DEVELOPMENT
REVENUE BONDS IN THE AMOUNT OF $6,000,000 TO 140 ASSOCIATES.
RESOLUTION APPROVING THE ISSUANCE OF INDUSTRIAL DEVELOPMENT
REVENUE BONDS IN THE AMOUNT OF $3,800,000 to PIPERS LANDING
ASSOCIATES.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Naiicy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R.
Joiies, Robert G. Joiies, Vice Mayor Reba S. McClanan, J. Henry
McCoy, Jr., D.D.S., and Meyera E. Oberndorf.
Couiicil Members Voting Nay:
Noiie
Council Members Abseiit:
None
June 17, 1985
- 29 -
Item II-J.1
ORDINANC;ES ITEM # 23779
UPOn motion by COulicilmaii Jennig. City
Couacil ADOPTED an Ordinance, AS A, secoaded by Councilwoman Creech,
MENDED*, to set salaries of COUNCIL MEMBERS
at $15,000 per annum aiid $17,000 per aiinum for the MAYOR.
*Paragraph 5, shall be deleted from said OrditiaLlce;
"BE IT FURTliER ORDAINED that any member of Couiicil
shall be eligible to be reimbursed for any persoiial
expenses iiicurred for official business. However,
all claims for reimbursemeiit shall be for rea.5onable
expeiises to the exteiit permitted by the appropriatioils
ordiiiance incurred in the conduct of official city
business and shall be itemized and documented by
stamped paid receipts to the exteiit feasible."
Votiiig: 9-2
Couticil Members Voting Aye:
Jobn A. Baum, Nancy A. Creech, Robert E. Fentress,
Mayor Harold Heischober, H. Jack Jeiinings, Jr.,
Louis R. Jones, Robert G. Jones, Vice Mayor
Reba S. McClanan, and J. Henry McCoy, Jr., D.D.S.
Ciuncil Members Voting Nay:
Barbara M. Henley and Meyera E. Oberndorf
Council Members AbseDt:
NoDe
June 17, 1985
- 29a
AN ORDINANCE TO SET SAIARIES OF COUNCIL
MEMBERS AT $15,000 PER ANNUM AND $17,000
PER ANNUM FOR THE MAYOR
WHEREAS' the Code of Virginia, Title 14.1-47.2 provides
maximum saiaries for Mayors and Council Members in cities with a
population of 200,000 and over; and
WHEREAS, it is the opinion of City Council that such
salaries should be increased effective July 1, 1985; and
WHEREAS, funds are available by transfer from the
General Fund Reserve for Contingencies.
IIOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE
CITY OF VIRGINIA BEACH that salaries of Council Members shall be
$15,000 per annum and $17,000 per annum for the Mayor respectively.
BE IT FURTHER ORDAINED THAT funds in the amount of
$35,327 are hereby transferred from General Fund Reserve for
Contingencies to the Municipal Council Budget to provide for
these salary increases for the fiscal year 1985-1986.
This ordinance shall be effective July 1, 1985.
June 17, 1985
ADOPTED:
JDB:er
6-12-85
6-18-85
June 17, 1985
- 30 -
Itme 11-J.2
ORDINANCES ITEM # 23780
Upoti motion by Couiicilwomaii Creech, seconded by Couiicilmaii Louis Jones, City
Council ADOPTED an Ordiance authorizing the City Manager to Execute COST
PARTICIPATION AGREEMENTS with THOMAS A. and EDITH G. LINDSEY FOR WATER
FACILITIES; AND, $26,100 will be transferred from the WATER and SEWER RESERVE
for CONTINGENCIES to the WATER TAPS and MAIN ACCOUNT for this purpose.
Voting; 11-0
Couiicil Members Voting Aye;
John A. Baum, Naiicy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R.
Jones, Robert G. Joties, Vice Mayor Reba SS. McClanan, J. Henry
McCoy, Jr., D.D.S., and Meyera E. Oberndorf.
Couiicil Members Voting Nay:
None
Couiicil Members Absent:
None
June 17, 1985
30a
AN ORDINANCE AUTHORTZING THE
CITY MANAGER TO EXECUTE
COST PARTICIPATION AGREEMENTS
WITH THOMAS A. & EDITH G. LINDSEY
FOR WATER FACILITIES
WHEREAS, Thomas A. & Edith G. Lindsey are desirous of
developing land located in the Bayside Borough in accordance
and conditions of the city ordinances, and
WHEREAS, in order to provide water service to this project,
it is necessary for the developer to construct certain water
facilities, and
WHEREAS, the city desires to enter into cost participation
agreements requesting the developer to engage in construction
greater in scope than is necessary for the project in order to
provide water service to citizens outside the project limits, and
WHEREAS, the city's share of costs is estimated at $26,100
for water improvements and such costs may be charged to the
Water & Sewer Fund operating budget account 20031-09240, Water
Taps & Mains, after a matching transfer of funds from the
Water & Sewer Fund Reserves for Contingencies.
WHEREAS, such construction at this time will provide for
future needs and prevent the city from having to incur additional
installation costs at a later date.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH that the City Manager is hereby authorized to
execute cost participation agreements with Thomas A. &
Edith G. Lindsey for construction of water facilities in
Euclid Place.
BE IT FURTHER ORDAINED that $26,100 be transferred from
the Water and Sewer Reserve for Contingencies to the Water Taps
and Main account for this purpose.
Adopted:____Juiie 17, 1985
Jutie 17, 1985
- 31 -
Item II-J.3
ORDINANCES ITEM # 23781
Upon motion by Councilwoman Creech, seconded by Councilman McCoy, City
Council ADOPTED aii Ordiiiance to authorize the acquisition of property in
fee simple for right-of-way for LONDON BRIDGE CREEK DRAINAGE PROJECT and the
acquisitoii of temporary and permanent easements of right-of-way either by
Agreement or by Coiidemnation and to transfer the necessary funds in the
amouiit of $130,000 for acquisition of land or iiiterest iii said laiid.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Felitresst Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jeniiings, Jr., Louis R.
Jones, Robert G. Joiies, Vice Mayor Reba S. McClanan, J. Henry
McCoy, Jr., D.D.S., aiid Meyera E. Oberndorf.
Council Members Voting Nay:
Noiie
Council Members Absent:
Noiie
*Verbal Aye
June 17, 1985
31a -
AN ORDINANCE TO AUTHORIZE THE ACQUISITION
OF PROPERTY IN FEE SIMPLE FOR RIGHT-OF-WAY
FOR LONDON BRIDGE CREEK DRAINAGE PROJECT
AND THE ACQUISITION OF TEMPORARY AND
PERMANENT EASEMENTS OF RIGfiT-OF-WAY EITHER
BY AGREEMENT OR BY CONDEMNATION AND TO
TRANSFER THE NECESSARY FUNDS FOR
ACQUISITION OF LAND OR INTEREST IN SAID
LAND.
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH:
WHEREAS, in the opinion of the Council of the City of
Virginia Beach, a public necessity exists for the expansion of
this important project and for public purposes for the
preservation of the safety, health, peace, good order, comfort,
convenience, morals and for the welfare of the people in the City
of Virginia Beach;
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE
CITY OF VIRGINIA BEACH, VIRGINIA:
Section 1. That the City Attorney is hereby authorized
and directed to acquire by purchase or condemnation, pursuant to
Section 15.1-236 et seq. and Section 25-46.1 et seq., Code of
Virginia of 1950, as amended, all that certain real property, in
fee simple, including temporary and permanent easements as shown
on that certain plat showing an 80 foot drainaqe easement to be
acquired from Sifen Development Company, Inc., on file in the
Department of Public Works, Municipal Center, City of Virginia
Beach, Virginia.
Section 2. The City Attorney is hereby authorized to
make, or cause to be made, on behalf of the City of Virginia
Beach, a reasonable offer to owners or persons having an interest
in said lands, if refused, the City Attorney is hereby authorized
to institute proceedinqs to condemn said property.
Section 3. The project #2-027 London Bridge Creek
Drainage is hereby established as a capital project and funds of
$130,000 are hereby transferred from project #2-823 Salem Canal
Improvements-Phase I to cover the cost of the acquisition of land
or interest in said land.
Juiie 17, 1985
31b -
Section 4. That an emergency is hereby declared to
exist and this ordinance shall be in force and effect from the
date of its adoption.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the 17day of Julie 1985.
JAR/re
5/2 0/8 5
(JAR/MISC)
APPROVED AS '(r.)
DEPARTMENT
APPROVCD AS TO FORM
CITY ATT(,)P@ir".1
Juiie 17, 1985
-2-
31c
10
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- 32 -
Item 11-K.
CONSENT AGENDA ITEM # 23782
Upon motion by Couiiclmaii Fentress, seconded by Coui)cilwoman Creech, City
Council APPROVED in ONE MOTION Items 1 through 17 of the CONSENT AGENDA
with the exception of Item 3 which was voted on separately.
Votiiig: 11-0
Couticil Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R.
Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry
McCoy, Jr., D.D.S., aiid Meyera E. Oberndorf.
Council Members Votiiig Nay:
None
Council Members Abseiit:
None
June 17, 1985
- 33 -
Item II-K.I.
CONSENT AGENDA ITEM # 23783
UPoii Motioii by Councilmaii Fentress, seconded by Councilwoman Creech, City
Couiicil ADOPTED a RESOLUTION IN MEMORIAM to:
liAROLD D. "DICK" GRAHAM
MEMBER OF THE PLANNING COMMISSION
Votiiig; 11-0
Couiicil Members Votilig Aye:
John A. Baum, Nancy A. Creech, Robert E. Feiitress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jenniligs, Jr., Louis R.
Jones, Robert G. Joiies, Vice Mayor Reba S. McClanan, J. Henry
McCoy, Jr., D.D.S., and Meyera E. Oberndorf.
Council Members Votiiig Nay:
None
Couiicil Members Absent:
None
Juiie 17, 1985
- 33a -
RESOLUTION IN MEMORIAM
WHEREAS: We were recently saddened by the sudden death of
RAROLD D. -DICK' GRAHAM
a dedicated citizen whose unselfish and unwavering devotion made the City of
Virginia Beach a better place in which to live, work and play. Dick was
sensitive to the needs of others. When he could not satisfy that need, he found
the way to provide through other sources. He was tireless in his effort to bring
happiness in a sad situation. Many a timid climber took one step higher on the
ladder of life; many an impossible task became a reality. Yet Dick Graham was in
the background -- humble and proud. In his neighborhood, people saw things
happening - in his City affiliations, he did not have to be asked, his own
initiative got things done. He possessed the quality of organization and the
virtues of honesty and integrity;
WHEREAS: After a career in the United States Navy, he was employed by the
Virginia State Health Department and worked closely with the Regional Office. He
was dedicated t@ the migrant workers on the Eastern Shore and gained their
respect through his devotion to them and his efforts in the field of
Eppidemiology. He made significant contributions to Public Health throughout
Eastern Virginia. His colleagues refer to Dick as their "meritor", "role model"
-- "he made others feel good about being a part because he always went that extra
mile";
WHEREAS: The Woodstock community in particular has suffered a tremendous
loss as he was responsible for many of the aesthetics they enjoy. He has been
described as irreplaceable in this neighborhood. He was the founder of the civic
league, served on its board of directors, provided services to senior citizens
and was loved by old and young alike. He was described as being "so very special
to so many people'*, "so good and kind", "always there", "never too tired or busy
to accept another challenge"[ He was an excellent cook - during his illness he
would plan for days what recipe to render some delicacy for his doctor's visit.
He often brought his special peanut brittle to City Hall or baked a pizza for
someone; and,
WHEREAS: Life is a highway upon which years go by
Sometimes the road is level
Sometimes the hills are high
But, as one travels to a futures unknown
One makes each Kile traveled a
living STEPPING STONEI
NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council pauses
in its deliberations to recognize the attributes of Mr. Graham whose life was a
contribution to his family, co-workers and fellow men. His sudden passing at
City Hall on May Fourteenth was a tremendous shock to his peers on the Planning
Commission and saddened us all but was as he would have chosen, carrying out his
assigned task. We share this loss with his wife, Peggy, and all his family.
Given under our hands and seals
this Seventeenth day of June,
Nineteen Hundred Eighty-Five
Vice Mayor Mayor
Juiie 17, 1985
- 34 -
Item II-K.2
CONSENT AGENDA ITEM # 23784
Upoii motioii by Councilmaii Fentress, seconded by Councilwoman Creech, C-ity
Council ADOPTED a Resolution requesting the VIRGINIA BOARD OF HOUSING AND
COMMUNITY DEVELOPMENT to support the adoptioii of HOUSE BILL NO. 1456.
Voting: 11-0
Council Members Voting Aye;
John A. Baum, Nancy A. Creech, Robert E. Feiitress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R.
Jones, Robert G. Joiles, Vice Mayor Reba S. McClalian, J. Henry
McCoy, Jr., D.D.S., and Meyera E. Oberndorf.
Council Members Voting Nay:
None
Council Members Absent:
None
June 17, 1985
- 34a -
Requested by: Departmerit of Fire and Department of Permits and Inspections
A RESOLUTION REQUESTING THE VIRGINIA BOARD
OF HOUSING AND COMMUNITY DEVELOPMENT TO
SUPPORT THE ADOPTION OF HOUSE BILL NO. 1456
WHEREAS, the City Council of the City of Virqinia
Beach, on behalf of its citizens, has expressed the need and
desire for safe and well-constructed residential housinq
commercial and noncommercial buildings, and other structures;
and
WHEREAS, in order to accomplish this goal, the City
requires a certain degree of autonomy in its authority to adopt,
and add to, delete from, and/or amend if necessary, nationally-
recognized model codes; and
WHEREAS, the ability of the City to adopt, and add to,
delete from, and/or amend particular code sections is necessary
to address various problems that are unique to this locality;
and
WHEREAS, the City has, in the past, and with success,
adopted such codes with additions, deletions, and/or amendments
thereto, and emphasizes the necessity of exercising this
discretionary authority; and
WHEREAS, the Virqinia Board of Housing and Community
Development proposes to draft a Uniform Statewide Code that would
eliminate many of the provisions of the national model codes
which our City and other localities deem necessary-for proper
control of safety in the various construction industries; and
WHEREAS, other Tidewater cities, by resolution, have
expressed the same concerns that are expressed in this
Resolution; and
WHEREAS, House Bill No. 1456, which has been tabled for
further study and consideration until the 1986 Session of the
General Assembly, would qrant localities the authority to adopt
nationally-recognized model codes.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE
CITY OF VIRGINIA BEACH, VIRGINIA:
June 17, 1985
- 34b -
1. That City Council requests the Virginia Board of
Housing and Community Development to support the adoption of
House Bill No. 1456.
2. That, if the Virqinia Board of Housinq and
Community Development does not support House Bill No. 1456, City
Council requests the Board to adopt nationally-recognized model
codes (consensus standards) such as the 1984 Edition of the BOCA
Basic/National Existing Structures Code and the 1984 Edition of
the BOCA Basic/National Fire Preventioh Code, without technical
change.
3. That the City Clerk is directed to transmit copies
of this Resolution to the Board of Housing and Community
Development and to each State Legislator representing the City of
Virginia Beach.
Adopted this 17 day of June 1985, by the
Council of the City of Virginia Beach, Virginia.
RMB/da
5/29/85
(RES.5)
APPr,OVED AS TO CONTENT
SIG14ATURE
DEPARTJ,AENT
AS
C,T, " _'INEY
-2- June 17, 1985
34c
1985 SESSION
LD5546452
I HOUSE BILL NO. 1456
2 Offered January 21, 1985
3 A BILL to amerid and reenact SSSS 36-103 and 36-105 of the Code of Virginia. relating to
4 the Uniform Statewide Building Code.
5
a Patrons.-Diamonstein, Maxwell, and Morrison
7
a Referred to the Committee on General Laws
9
10 Be it enacted by the General Assembly of Virginia:
11 1. That SSSS 36-103 and 36-105 of the Code of Virginia are amended and reenacted as
12 follows:
13 SS 36-103. Buildings, etc., existing or projected before effective date of Code.-Any
14 building or structure, for which a building permit has been issued or on which construction
15 has commenced, or for which working drawings have been prepared in the year prior to
16 the effective date of the Building Code. shall remain subject to the building regulations in
17 effect at the time of such issuance or commencement of construction. However, the BOaFd
18 local governing body may adopt and promulgate as paiF4 of t4e Building Code, minimum
19 building regulations for existing buildings or structures to insure ensure the protection of
20 public health, safety and welfare. Subsequent reconstruction, renovation, repair or
21 demolition of such buildings or structures shall be subject to the pertinent provisions of the
22 Building Code. The provisions of this section shall be applicable to equipment.
23 SS 36-105. Enforcement of Code; appeals from decisions of local department; inspection
24 of buildings.-Eiiforcement of the Building Code shall be the responsibility of the local
25 building department. There shall be established within each local building department a
26 local board of Building Code appeals whose composition, duties and responsibilities shall be
27 prescribed in the Building CGde. Appeals from the local building department conceming
29 application of the Building Code or refusal to grant a modification to the provisions of the
29 Code covering the manner of construction or materials to be used in the erection,
30 alteration or repair of a building or structure shall first lie to the local board of Building
31 Code appeals. No appeal to the State Building Code Technical Review Board shall lie prior
32 to a final determination by the local board of Building Code appeals. Whenever a county
33 or a municipality does not have such a building department or board of Building Code
34 appeals, the local governing body shall enter into an agreement with the local governing
35 body of another county or municipality or with some other agency, or a state agency
36 approved by the Department for such enforcement and appeals resulting therefrom. F4ees
37 may be levied by the local governing body in order to defray the cost of such enforcement
38 and appeals.
39 Any building may be inspected at any time before completion, and shall not be deemed
40 in compliance until approved by the inspecting authority. Where the construction cost is
41 less than $1,000, however, the building inspection may, in the discretion of the inspecting
42 authority, be waived. A local governing body may provide that buildings and structures,
43 permanent or temporary, which are used to store hazardous materials, or occupied or to
44 be used by twenty or more persons who are employed, lodged, housed, assembled, served.
June 17, 1985
34d
O&House Bill No. 1456 2
1entertained or instructed therein, or the common areas of residential structures containing
2four or more units, including buildings owned by the Commonwealth or by any of iL,,
3political subdivisions and the equipment therein, be inspected periodically after completion
4to insure that the Building Code regulations are properly maintained. The building official
5shall coordinate all reports with inspections for compliance of the Building Code, from fire
6and health officials delegated such authority, prior to issuance of an occupancy permit.
7 The local governing body may inspect and enforce the mi,,imum building regulations
8promulgated by 14e Be&Fd for existing buildings or struct,,,,.s . Such enforcement shall be
9carried out by an agency or department designated by the governing body.
12
13
14
is
17
is
19
28
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36 Passed By Official Use By Clerks
37 The House of Delegates Passed By The Senate
38 without amendment 0 without amendment 0
with amendment 0 with amendment 0
39 substitute 0 substitute 0
40 substitute w/amdt 0 substitute w/amdt 0
41 Date: Date:
42
43 Clerk' of the House of Delegates Clerk of the Senate
44
Juiie 17, 1985
- 35 -
Item II-K.3
CONSENT AGENDA ITEM # 23785
Upon motioii by Couiicilman McCoy, seconded by Councilwoman Creech, City
Council ADOPTED the following RESOLUTIONS:
A Resolutioti to PROGRAM THE CONSTRUCTION OF IMPROVEMENTS
and provide a BRIDGE STRUCTURE IN CONCERT with the CITY'S
MASTER PLAN iii the RESORT AREA and to authorize the City
Manager to make the necessary negotiatioiis;
AND
A Resolution to PROGRAM THE CONSTRUCTION OF IMPROVEMENTS
IN CONCERT with the CITY'S MASTER PLAN ON FIRST COLONIAL
ROAD EXTENDED SOUTH OF WISCONSIN AVENUE for a four-lane
divided arterial highway (approx. 3.3 mi.) and to authorize
the City Manager to make the necessary iiegotiations;
AND
A Resolution to PROGRAM THE CONSTRUCTION OF IMPROVEMENTS
IN CONCERT with the CITY'S MASTER PLAN for a divided
highway from the INTERSECTION OF LANDSTOWN ROAD AT HOLLAND
ROAD EAST to the INTERSECTION OF DAM NECK AT GENERAL BOOTH
BOULEVARD (approx. 3.03 mi.) and to authorize the City
Manager to make the necessary negotiations;
AND
A Resolution to PROGRAM THE CONSTRUCTION OF 1MPROVEMENTS
IN CONCERT with the CITY'S MASTER PLAN for the extension
of CONSTITUTION DRIVE as a four-lane highway from COLUMBUS
STREET TO INDEPENDENCE BOULEVARD (approx. 1.2 mi.) and to
authorize the City Manager to make the necessary negotiations.
Voting: 10-0
Council Members Votiiig Aye:
John A. Baum, Nalicy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jeliniiigs, Jr., Robert G.
Joiies, Vice Mayor Reba S. McClaiian, J. Henry McCoy, Jr., D.D.S.,
and Meyera E. Oberndorf
Council Members Voting Nay
None
Council Members Absent:
None
Council Members Abstainiiig:
Louis R. Jones
Juile 17, 1985
35a -
RESOLUTION
WHEREAS, the Virginia Department of Highways and Transportation has
indicated its willingness to initiate the improvement of the Rudee Inlet Bridge
on Pacific Avenue in the City of Virginia Beach. and
WHEREAS, the contemplated improvement is urgently needed and is in
consonance with the Southeastern Regional Master Transportation Plan.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
That the Virginia Department of Highways and Transportation is hereby
requested to program the construction of the improvement to provide a new
bridge structure to accommodate a four-lane highway facility in concert with
the City's master plan for the revitalization of the resort area (served by
Atlantic Avenue and Pacific Avenue) as it relates to the resort area
transportation systems.
BE IT FURTHER RESOLVED, that the City of Virginia Beach does hereby
agree to pay Five percent (5%) of the construction cost, the engineering design,
right-of-way acquisition, and utility relocation costs and adjustment of said
project, according to Highway Department Policy, and the necessary funds will
be appropriated for these purposes.
AND BE IT FURTHER RESOLVED, that the City of Virginia Beach agrees
that if such project is established and Virginia Beach decides at any time not to
proceed further with it, then, by this resolution, Virginia Beach agrees to
reimburse the Highway Department for one hundred percent (100%) of the cost
incurred for said project, up to the time of its abandonment.
ADOPTED: Ju@ie 17, 1985
35b
RESOLUTION
wt-itRtAS, the Virginia Department of Highways and Transportation has
indicated its willingness to initiate the improvement of First Colonial Road
Extended from Wisconsin Avenue to General Booth Boulevard in the City of
Virginia Beach, and in the City of Virginia Beach, Virginia, and
WHEREAS, the contemplated improvement is urgently needed and is in
consonance with the Southeastern Regional Master Transportation Plan.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA:
That the Virginia Department of Highways and Transportation is hereby
requested to program the construction of the improvement for First Colonial
Road Extended south of Wisconsin Avenue on a new alignment as a four-lane
divided arterial highway and following the existing alignment of Oceana
Boulevard to its intersection with General Booth Boulevard for a distance of
approximately 3.3 miles.
BE IT FURTHER RFSOLVED, that the City of Virginia Beach does hereby
agree to pay Five percent (5%) of the construction cost, the engineering design,
right-of-way acquisition, and utility relocation costs and adjustment of said
project, according to Highway Department Policy, and the necessary funds will
be appropriated for these purposes.
AND BE IT FURTHER RESOLVED, that the City of Virginia Beach agrees
that if such project is established and Virginia Beach decides at any time not to
proceed further with it, then, by this resolution, Virginia Beach agrees to
reimburse the Highway Department for one hundred percent (100%) of the cost
incurred for said project, up to the time of its abandonment.
ADJOPIED: June 17, 1985
June 17, 1985
35c
RESOLUTION
WHEREAS, the Virginia Department of Highways and Transportation has
indicated its willingness to initiate the improvement of Dam Neck Road from
Holland Road to General Booth Boulevard in the City of Virginia Beach,
Virginia, and
WHEREAS, the contemplated improvement is urgently needed and is in
consonance with the Southeastern Regional Master Transportation Plan.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA:
That the Virginia Department of Highways and Transportation is hereby
requested to program the construction of the improvement for a four-lane
divided highway (of a future six-lane facility) from the intersection of
Landstown Road at Holland Road eastwardly on a new alignment to the present
intersection of Dam Neck Road at General Booth Boulevard, a total distance of
approximately 3.03 miles.
BE IT FURTHER RESOLVED, that the City of Virginia Beach does hereby
agree to pay Five percent (5%) of the construction cost, the engineering design,
right-of-way acquisition, and utility relocation costs and adjustment of said
project, according to Highway Department Policy, and the necessary funds will
be appropriated for these purposes.
AND BE IT FURTHER RESOLVED, that the City of Virginia Beach agrees
that if such project is established and Virginia Beach decides at any time not to
proceed further with it, then, by this resolution, Virginia Beach agrees to
reimburse the Highway Department for one hundred percent (100%) of the cost
incurred for said project, up to the time of its abandonment.
ADOPTED: Juiie 17, 1985
June 17, 1985
35d -
RESOLUTION
WHEREAS, the Virginia Department of Highways and Transportation has
indicated its willingness to initiate the improvement of Constitution Drive from
Columbus Street to Independence Boulevard (formerly Holland Road) in the City
of Virginia Beach. and
WHEREAS, the contemplated improvement is urgently needed and is in
consonance with the Southeastern Regional Master Transportation Plan.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
That the Virginia Department of Highways and Transportation is hereby
requested to program the construction of the improvement for the extension of
Constitution Drive as a four-lane highway from its present terminus south of
Columbus Street across a tributary of Thalia Creek to its intersection with
Independence Boulevard (including an overpass crossing of the Norfolk-Virginia
Beach Expressway), a distance of approximately 1.2 miles.
BE IT FURTHER RESOLVED, that the City of Virginia Beach does hereby
agree to pay Five percent (5%) of the construction cost, the engineering design,
right-of-way acquisition, and utility relocation costs and adjustment of said
project, according to Highway Department Policy, and the necessary funds will
be appropriated for these purposes.
AND BE IT FURTHER RESOLVED, that the City of Virginia Beach agrees
that if such project is established and Virginia Beach decides at any time not to
proceed further with it, then, by this resolution, Virginia Beach agrees to
reimburse the Highway Department for one hundred percent (100%) of the cost
incurred for said project, up to the time of its abandonment.
APPROVID Al TO CONTINT
SiGNATU E
DEPARTMENT
ADOPTED: June 17, 1985
- 36 -
Item II-K.4
CONSENT AGENDA ITEM # 23786
Upoii motioii by Couiicilman Fetitress, secoiided by Councilwoman Creech, City
Council ADOPTED a Resolution authorizing the City Manager to execute aii
agreement with SOUTHEASTERN TIDEWATER AREA MANPOWER AUTHORITY (STAMA)
for the 1985 JOB TRAINING PARTNERSHIP ACT SUMMER YOUIH ENFLOYMENT AND
TRAINING PROGRAM
Voting: 11-0
Couticil Members Votitig Aye:
John A. Baum, Nailcy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R.
Jones, Robert G. Jones, Vice Mayor Reba S. McClaiiaii, J. Henry
McCoy, Jr., D.D.S., and Meyera E. Oberndorf.
Council Members Voting Nay:
None
Council Members Absetit;
None
June 17, 1985
- 36a -
A RESOLUTION AUTHORIZING THE CITY MANAGER
TO EXECUTE AN AGREFMENT WITH SOUTHEASTERN
TIDEWATER ARFA MANPOWER AUTHORITY (STAMA)
FOR THE 1985 JOB TRAINING PARTNERSHIP ACT
SUMMER YOUTI] EMPLOYMENT AND TPAINING PROGRAll
WHEREAS, STAMA has entered into an agreement with the State
of Virginia for a grant to implement the Job Training Partnership
Act Program, and
WHEREAS, STAMA has notified the City that the Virginia Beach
Program has been allocated $398,608 to provide summer employment
for approximately three hundred economically disadvantaged youth
between the ages of 14 and 21 in subentry level positions with
City Departments and the School Board, and
WHEREAS, STAMA will receive and administer the funds and the
City and School Board will plan and direct the work activities.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH that the City Manager is hereby authorized to exe-
cute an agreement with STAMA for the City's participation in the
1985 Job Training Partnership Act Summer Youth Employment and
Training Program. Said agreement is attached hereto and the same
is hereby approved.
This Resolution shall be effective from the date of its
adoption.
Adopted by the Council of the City of Virginia Beach, on the
Seveiiteeiith day of Juiie 1985.
VL/30
June 17, 1985
This WORKSITE AGREEMENT, is hereby entered into this first day
of June, 1985 by and between the Southeastern Tidewater Area
Manpower Authority, hereinafter referred to as STAMA, and the City
of Virginia Beach hereinafter referred to as AGENT, and
constitutes an AMENDMENT to the 1985 Summer Youth Employment and
Training Program NON-FINANCIAL AGREEMENT, hereinafter referred to
as the AGREEMENT, previously entered into by and between STAMA and
AGENT.
WITNESSETH THAT:
WHEREAS, STAMA expects to receive funds from the Conmonwealth
of Virginia for operation of the Chesapeake Bay Youth Conservation
Corp Project, hereinafter referred to as the PROJECT, and the Job
Training Partnership Act (JTPA), hereinafter referred to as the
ACT: AND
WHEREAS, ST@IA desires to contract with AGENT to provide summer
youth employment under the PROJECT and the ACT for the period of
June 1, 1985 through September 30,
1985; AND
14HEREAS, STA@IA and AGENT have previously entered into an
AGREE.'-IENT for the operation of the 1985 Summer Youth Employment
and Training Progran.
NOW THEREFORE, in consideration of the premises and the mutual covenants
and obligations herein contained, and subject to the terms and conditions
hereinafter stated, the parties hereto agree and understand as follows:
ARTICLE 1: AGREEMENT PURPOSE AND DEFINITIONS
100. PURPOSE
It is the purpose of this Agreement to state the covenants and conditions
under which STAMA and the Agent will implement and provide Training and
Employment Services, specifically summer work experience opportunities to
eligible youths as described herein, to be funded under the guidelines of JTPA,
and under the contracting powers of STAtiA.
101. DEFINITIONS
101.1 "Agent" shall mean the participating governmental unit or nonprofit
agency.
101.2 "Counselor" shall mean a STA.MA/SYETP staff person who shall serve
as liaison between SYETP, the site and the participants by providing
technical assittance and resolving Job site problems.
101.3 "DOL" shall mean the Department of Labor.
101.4 "Economically disadvantaged" shall mean that income level as
determined by the DOL and the State of Virginia as being below
poverty guidelines as certified by STAIIA.
101.5 "GETD" shall mean the Governor's Employment and Training Division
of the State of Virginia.
-2-
101.6 "Job Site/Worksite" shall mean the physical location and the
Department of the'participating Agent to which the youth is
assigned.
101.7 "Job Order" shall mean the STAtiA/SYETP JOB ORDER form (and
attachments thereto) used as an application for requesting work
sites/job slots for SYETP participants and which is incorporated
into and made a part of this Agreement.
101.8 "JTPA" shall mean the Job Training Partnership Act of 1982.
101.9 "Participant" shall mean a JTPA eligible youth referred by STAMA
for placement to Agent and who is between the ages of fourteen
(14) and twenty-one (21).
101.10 "Program" shall mean the activities and services to be provided
by the Agent under this Agreement.
101.11 "STAMA" shall mean the Southeastern Tidewater Area Manpower
Authority.
101.12 "State" shall mean the Commonwealth of Virginia.
101.13 "SYETP" shall mean Summer Youth Employment and Training Program.
101.14 "Worksite Supervisor" shall mean Agent's personnel designated by
Agent to provide continuous on-site supervision and direction to
SYETP participants at Agent's worksite(s) and who will be
responsible for verifying SYETP participants' time sheets.
101.15 "Youth" shall mean a person between the ages of fourteen (14)
and twenty-one (21) at the time of certification.
-3-
ARTICLE 11: PROGRA!I OOERATIOFIS
200. PROGRAM
The program to be provided shall be a work experience operation, wherein
a youth referred by STAMA to the Agent, is given job functions to perfom under
the guidance and leadership of the Agent in accordance with the JTPA.
201. RESPONSIBILITIES OF AGENT
201.1 The Agent shall plan and direct participant work activities in
accordance with the applicable Federal and State Child Labor
Law Acts, rules and regulations, (Attached as Exhibit A) and
other applicable State and local laws.
201.2 The Agent shall direct participant(s) work activities in
accordance with their training plan/job order(s) and/or job
description(s), which are hereby incorporated by reference and
made a part of this Agreement.
201.3 The Agent shall comply with the Job Training Partnershio Act
of 1982 and the regulations promulgated thereunder especially
as they relate to the SYETP.
201.4 The Agent shall ensure that all of the Agent's personnel,
including any alternate staff, who will be involved in supervising
the Surner Youth Program participants shall attend the SYETP
14orksite Supervisor's Training Ileeting conducted by STAMA, which
will be held during the months of 'lay and June, 1985.
-4-
201.5 The Agent shall allow their work site supervisor time off upon
STAMA's written request so that they may attend the Worksite
Supervisor's Training fieeting.
201.6 The Agent shall orient and train their worksite supervisory
personnel directly responsible for the supervision of SYETP
participants, as to the Agent's responsibilities and obligations
under this Agreement by providing each worksite supervisor with
a copy of this Agreement, as well as a copy of the Worksite
Supervisort Handbook, and assuring the availability and review of
the training handbook and materials with any assigned alternate
supervisors.
201.7 The Agent shall notify STAMA/SYETP immediately of any temporary
and/or ongoing changes in the designation of D2rsonnel who will
be supervising youth.
201.8 The Agent shall be accountable for maintaining STAf4A/SYETP
participant time sheets by keeping accurate work time attendance
rosters and timesheets, recording time in segments of fifteen
minute@, assuring and supervising the proper completion of SYETP
participant time sheets consistent with instructions furnished by
STA@1A/SYETP and certifying by signing participant tine sheets if
all the prior requirements are met.
201.9 The Agent shall not require participants to work more than the
hours reflected in the Job Order/Training Plan not to exceed
forty (40) hours per week.
-5-
f
201.10 The Agent shall not knowingly employ or refer for eligibility
certification any youth if a member of the youth's imediate
family is engaged in an administrative capacity for the
contractor, STATIA, or the GETD.
a. For the purpose of this section:
(1) The term "employ" means hire, or place by transfer
or any other means of whatsoever nature.
(2) The term "immediate family" means a person's spouse
and any other relative, by blood, marriage (including,
step-children and step-parents) or adoption, who
resides in the person's household.
(3) The term "person in an administrative capacity" means
the members of a public or private governing board or
council, persons having.overall administrative
responsibility, and persons in subordinate positions
thereto having selection, hiring, placement or
supervisory responsibilities regarding or over a
person to be employed at the time of, or subsequent
to, employment.
201.11 The Agent warrants that no youth will be involved in a viork
experience activity that contributes or could be expected to
contribute to additional sales or income of the Agent or which
will otherwise result in the subsidization of wages for the
Agent's organ ization-
-6-
-201.12 The Agent assures that all sites where participants will be
assigned have,the capability and facilities to provide services
to summer youths in a sanitary and safe environment.
201.13 The Agent's worksite shall conform to normal routines and
functions befitting a reasonable business establishment,
including, but not limited to, adprocriate supervision on the
premises at all times, developing positive work habits,
working conditions, and attire.
201.14 The Agent shall assure it will have supervisory personnel who
will act as worksite supervisors for each of the Agent's
worksites so as to provide for continuous on-site supervision
of participants.
201.15 The Agent understands that the Drogram it is operating is a
single site work experience program, which means that all job
sites at which youths are to be located must be part of the Agent's
organization. Under no circumstances shall a participant be
placed at a site other than the Agent's designated worksite,
unless prior written pemission is granted by STAMA for
outstationing and in such instances under no circumstances shall
the outstationing site be a private for profit agency.
201.16 The Agent shall maintain according to sound managenent procedures
records, and files, containing, but not limited to, time sheets,
attendance records, supervisor assignments, personnel changes,
relatina to the Agent's operation of the SYETP program.
-7-
201 .17 The Agent shall make original and/or certified copies of any
reports, plans, surveys, information, documents, maos or other
data produced or developed by the Agent in execution of the
project covered by this Agreement, available to STAtiA, the
GETD and/or the Department of Labor (DOL) at any time upon
reasonable notice for the purpose of program audit, examination,
excerpts and transcripts, even though the Agent may at the time
of the request no longer be operating programs for STAMA.
201-18 The Agent shall keep cooies of all records pertaining to the
operation of this Agreement and any Arlendment hereto for three
(3) years following the expiration of this Agreement. The
aforementioned records will be retained beyond the three (3)
years if any litigation or audit is begun or if a claim is
instituted involving the grant or agreement covered by the
records. In these instances, the records will be retained until
the litigation. audit or claim has been finally resolved.
201.19 The Agent shall incorporate additional Assurances and
Certifications, attached hereto as Exhibit B into this Agreement.
201.20 The Agent shall cooperate with STA14A/SYETP in conducting
Orientation for SYETP participants.
201.21 The Agent shall inform STA!IA/SYETP staff immediately should an
accident or injury occur at the job site. affecting or involving
a participant, in compliance liith Exhibit F.
-8-
201.22 The Agent shall notify SYETP staff of any problem concerning
participant's performance at a worksite.
201.23 The Agent understands and agrees that no qualified handicapped
individual shall on the basis of handicap, be excluded from
participation in, be denied the benefits of, or otherwise be
subject to discrimination under this SYETP orogram.
201.24 Agent understands that JTPA funds shall not be used in any way
to promte or oppose union activities.
a. No individual shall be required to join a union as a
as a condition for enrollment in a JTPA program.
b. No participant may be placed into, or remain working in
any position which is affected by labor disputes involving
a work stoppage. If such a work stoppage occurs, participants
in affected positions must:
1. Be relocated to positions not affected by the dispute;
2. Be placed on leave;
3. If participants belong to the labor union involved in
a work stoppage, they must be treated in the same manner
as any union member. Such members must not remain working
in the affected position. The contractor shall make every
effort to relocate participants who wish to remain working
into suitable positions unaffected by the viork stoppage.
202. RESPONSIBILITIES OF STAMA
202.1 STA!-IA shall provide "Counselors" to provide technical assistance
and aid in the supervision of the youths, respectively.
-9-
202.2 STA@IA shall provide technical assistance with regard to complying
with program requirements.
202.3 STAIIA shall assist the job site supervisor in resolving any
problems concerning the youth's performance on the job by
responding to the Agent's notice as per Section 201.23 above.
202.4 STAMA shall hear all grievances concerning program participants'
perfom.ance at the job site and shall remove a participant from
the program upon a determination of cause after such hearing.
202.5 STAKA shall provide 1-torker's Compensation @nd liability insurance
as necessary for all Surner Youth Employment and Training Program
(SYETP) participants and STAK@ employees.
202.6 STAMA shall provide counseling and supportive services to the
SYETP participants.
202.7 STAT.IA shall be responsible for picking up participant time sheets
and distributing participant paychecks dependent on Agent's
submission of properly certified time sheets.
202.8 STAMA shall evaluate and monitor the Agent's program, including,
but not limited to, providing written statements as to corrective
actions to be taken on the part of the Agent.
202.9 STAIIA shall be responsible for providing Progran Orientation to
STA14A/SYETP participants.
ARTICLE IIJ: GENERAL OBLIGATIONS
300. GENERAL PROVISIONS
300.1 The Agent shall allow STAMA or any of its agents, the GETD
and the DOL to visit the Agent's worksites, and monitor,
report problems, require corrective action within specified
time periods or close worksites without prior notice other
than a written notification to be delivered to the Agent at
the time of the closing of the worksites, where STAI.IA, the
GETD, or DOL find serious or continual violations of JTPA,
the JTPA regulations or other federal, state or local laws
which violations are not being remedied, or.where STA@IA, GETD,
or DOL find noncompliance with any of the terms or conditions
under this Agreement.
300.2 Notice
Other than as provided herein, notice shall be required to be
given to STAriA under this Agreement, and shall be sufficient
when hand delivered or mailed to STAMA at its office at the
Janaf Executive Building, Suite 300, Norfolk, Virginia, 23502.
300.3 All notices required to be given to the Agent under this
Agreement shall be sufficient when hand delivered or mailed to
the Agent at its office located at the Municipal Center,
Virginia Beach, Virginia 23456
300.4 Temination
This Agreement may be terminated as follows:
a. STAMA may at its discretion teminate this Agreement without
penalty in the event that JTPA funds become unavailable to
STAMA for performance under this Agreement.
b. STAMA or the Agent may request a termination for convenience
upon fifteen (15) days prior written notice to the other party.
c. STAMA may teminate this Agreement at any time that the STAIIA
authorized representative, who shall be the STAMA Executive
Director determines that:
1. the Agent has failed tO COMDIY with any of the provisions
contained in this Agreement or any Amendment hereto; or
2. the Agent fails to perform in whole or in part under this
Agreement or fails to take corrective action after receiving
oral or written requests to do so within an appropriate time
period as may be stipulated by STAMA.
ARTICLE IV: INCORPORATION CLAUSES
-400. DOCUMENTS TO BE INCORPORATED I!ITO THE AGREEMEt4T
The following documents are hereby incorporated into and made a
part of this Agreement.
400.1 Labor Laws of Virginia (Code of Virginia cf 1950 and the 1982
cumulative supplement) and the Virginia Rules and Regulations
declaring hazardous occupations as prorrulgated by Commissioner,
Virginia Department of Labor and Industry (effective date November
1, 1979). (Exhibit A@
400.2 General Assurances and Certifitations. (Exhibit B)
400.3 JTPA Rules and Regulations governing the operation of the
Summer Youth Employment and Training Program. (Exhibit C)
400.4 Summer Youth Employinent and Training Program Worksite
Supervisor's Handbook developed by STAMA. (Exhibit D)
400.5 Completed Job Orders/Training Plans to be incorporated into
this Agreement. (Ex@ibit E)
400.6 STAMA Field Memorandum, Medical Authorization for Work Related
Injuries. (Exhibit F)
ARTICLE V: COt4PENSATION
500. PARTICIPANT WAGES
500.1 STAMA shall be responsible for the payinent of wages to the SYETP
participants based upon:
a. the prevailing minimum wage in effect during the contract
period, and
b. the actual time spent in the program activity as recorded
and verified by the Agent on the time sheets submitted to
STA@iA.
-13-
ARTICLE VI. PROHIBITED ACTIVITIES
600. UNALLOWABLE ACTIVITIES
600.1 No participants may engage in partisan or non-partisan political
activities during hours for which that person is paid for with
or receives training supported by JTPA funds and no participant
may engage in any political activity in which such participant
represents himself or herself as a spokesperson of any JTPA
program, activity or organization. No participant may be
employed in a position involving political activities in the
office of an elected official. f
600.2 JTPA funded programs and activities may not be used to support
any religious or anti-religious 6ctivity. Participants may not
perform functions which provide direct religious education
services. Participants shall not be employed in the construction,
operation, or maintenance of any facility that is used or to.be
used for sectarian instruction or as a place of religious worshio.
600.3 Under JTPA Regulations, placement of a JTPA participant in
private-for-profit activities wherein the activities of the
participant can be expected to profit the employer or the product
of the participant's viork Drovides a profit for any private or
non-profit organization is prohibited in Summer Youth Employment
and Training Progran and activities.
-14-
IN WITNESS HEREOF. THE CITY OF VIRGINIA BEACH, VIRGINIA
has caused this Agreement to be executed and signed in its name by
THOMAS H. MUEHLENBECK
its CITY MANAGER
and the SOUTHEASTERN TIDEWATER AREA MANPOWER AUTHORITY has caused this
Agreement to be executed and sealed in its name by Richard A. Sciullo,
ExecutivL- Director, all as of the date and year first written above.
APPROVED AS TO CONTENTS
(Signature of Agent)
r pl- Thomas H. Muehlenbeck
City Manager
PZPARi.'.IEiNT (Name and Title)
APPROVED AS TO FORM
SIGNATUOE SOUT.HEASTE,1)4 TIDE'.'ATED ARR@A
CITY ATIORNE-'F MAI@POIIER AUTHORITY
BY@
Richard A. Sciullo
Executive Director
3 7
Item 11 K-5
CONSENT AGENDA ITEM # 23787
Upoii motion by Councilmaii Fentress, secoiided by Couiicilwoman Creech, City
Council ADOPTED a Resolution to accept a Graiit from the VIRGINIA DEPARTMENT
OF CONSERVATION AND HISTORIC RESOURCES aiid authorize the City Manager to
execute an agreement for the GRANT PROGRAM through SOUTHEASTERN TIDEWATER
AREA MANPOWER ATJTHORITY (STAMA).
Voting: 11-0
Couiicil Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Heiiley, H. Jack Jennings, Jr., Louis R.
Joiies, Robert G. Jones, Vice Mayor Reba S. McClaiian, J. Heiiry
McCoy, Jr., D.D.S., aiid Meyera E. Oberndorf.
Council Members Votiiig Nay:
None
Council Members Absent:
Noiie
June 17, 1985
37a
RESOLUTION TO ACCEPT A GRANT FROM THE
VIRGINIA DEPARTMFNT OF CONSERVATION
AND HISTORIC RESOURCES AND AUTHORIZE
THE CITY MANAGER TO EXECUTE AN AGREE-
MENT POR THE GRANT PROGRAM
WHEREAS, on April 1, 1985, City Council approved a Resolution
endorsing a litter control program entitled -Chesapeake Bay Youth
Employment Program" and requested from the Virginia Department of
Conservation and Historic Resources, Division of Parks and Recrea-
tion approval of the City's application, and
WHEREAS, such approval has been given and Southeastern
Tidewater Area Manpower Authority (STAMA) has been notified that
$15,484 will be made available for the Virginia Beach Program, and
WHEREAS, STAMA will receive and administer the funding of the
program and the City's Department of General Services, Landscape
Services Division will operate the program.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH that the City Manager is hereby authorized to
accept the grant for the City and is directed to enter into an
agreement with STAMA for the Chesapeake Bay Youth Employment
Program. Said Agreement is attached hereto and the same is hereby
approved.
This Resolution shall be effective from the date of its adop-
tion.
Adopted by the Council of the City of Virginia Beach on the
Seventeenth day of Juiie
1985.
VL/32
June 17, 1985
A G R E E M E N T
THIS NON-FINANCIAL AGREEMENT, entered into this 31st day of
May, 1985, by and between the Southeastern Tidewater Area
Manpower Authority, a consortium of the Cities of Chesapeake, Franklin, Norfolk,
Portsnouth, Suffolk, Virginia Beach, and the Counties of Isle of Wight and
Southampton, pursuant to the authority, granted by Section 15.1-21 of the Code
of Virginia, 1950, as amended, having its principal offices at the Janaf
Executive Building, Suite 300, Norfolk, Virginia 23502 and the City of
Virginia Beach existing under and by virtue of the laws of the State of
Virginia as a municipality having its principal office at
Municipal Center
Virginia Beach, Virginia to begin by the first day of June, 1985, and to
be completed by the thirtieth day of September, 1985.
WITNESSETH THAT:
WHEREAS, the Southeastern Tidewater Area Manpower Authority has entered
into an agreement with the State of Virginia for a grant for the execution and
implementation of a Job Training Partnership Act (JTPA) program; AND
WHEREAS, the elected officials comprising the Southeastern Tidewater Area
14anpower Authority and the officials of the State of Virginia are desirous of
providing job training which will lead to enhanced self-sufficiency; ATID
I-IHEREAS, the Southeastern Tidewater Area Manpower Authority and the
City of Virginia Beach -desire to provide meaningful enployment for
economically disadvantaged youths between the ages of fourteen (14) and twenty-one
(21).
IV WITNESS HEREOF, THE
has caused this AMENDMENT to be executed and signed ill its name by
its
and the SOUTHEASTERN TIDEWATER AREA MANPOWER AUTHORITY ha
a caused this
AMENDMENT to be executed and signed in its name by Richard A. Sciullo,
Executive Director, all as of the date and year first written above.
(Signature of Agent)
(Name and Title)
SOUTHEASTER.N TIDE14ATER AREA
MANP014ER AUTHORITY
By
Richard A. Sciullo
Executive Director
NOW, THEREFORE, in consideration of the premises and the mutual
covenants and obligations herein contained, subject to the terms and
conditions hereinafter stated, and previously agreed to in the
AGREEMENT, the parties hereto mutually agree and understand as
follows:
SECTION 1
PURPOSE
100. PURPOSE
The purpose of this AMENDMENT is to state the additional covenants
and conditions under which STAMA and the AGENT will implement and provide
summer youth work experience opportunities to eligible youth, to be
funded under the guidelines of the Commonwealth of Virginia, the ACT,
and under the contracting powers of STAMA-
SECTION 2
PROGR,*l OPERATIONS
200. PROGRAM
The program to be provided shall be a work experience project
involving the clean-up of the Chesapeake Bay, wherein youth referred
by STAMA to the AGENT, are provided jobs to be performed under the
guidance and leadership of the AGENT, in accbrd with the PROJECT and
job descriptions submitted to STA,%LA by the AGENT.
201. RESPONSIBILITIES OF THE AGENT
201.1 The AGENT shall plan and direct participant work activities
in accordance with the AGREEMENT. The AGENT shall
comply with all covenants, stipulations, and conditions as
stated in the AGREEMENT in addition to those contained
herein.
201.2 The AGENT shall direct participant(s) work activities in
accordance with their project description, training plan/
job order(s) and/or job description(s), which are hereby
incorporated by reference and made a part of this
AMENDMENT.
201.3 The AGENT shall provide adequate equipment and/or materials
necessary to conduct the project as indicated in the
project description.
201.4 The AGENT shall in a satisfactory, proper and accurate
manner and in accordance with generally accepted accounting
principles keep and maintain all records, receipts, and
and other supporting documents necessary for the proper
accounting of fiscal affairs pursuant to this AMEND@IENT.
201.5 The AGENT shall submit bills and supporting documentation
to STAIIA for costs incurred for the operation of the
PROJECT in compliance with the budget submitted by AGENT
to STtV-iA which is herein incorporated as a part of this
.%:-IEND@IE'
201.6 The AGENT shall submit to STAMA a narrative summary of
the accomplishments of.the PROJECT by September 30, 1985.
202. RESPONSIBILITIES OF STAMA
202.1 STAMA shall comply with all covenants, stipulations,
and conditions as stated in the AGREEMENT in addition
to those contained herein.
202!2 STAMA shall reimburse the AGENT for supplies, materials,
supervision, transportation, and other associated costs
consistent with the budget attached hereto and
incorporated as a part of this AMENDMENT upon presentation
of invoices and supportive documentation.
202.3 STAMA shall be responsible for submitting a final report
on the PROJECT to the Commonwealth of Virginia.
SECTION 3
GENERAL OBLIGATIONS
300. GENERAL PROVISIONS
This AL-IENDIIENT may be terminated by STAMA at its discretion
without penalty in Lhe event that funds, from the Commonwealth of
Virginia become unavailable to STAMA for performance under this
,VkIE,\D@IENT.
- 38 -
Item II-K.6
CONSENT AGENDA ITEM # 23788
Upon motion by Councilman Fentress, seconded by Councilwoman Creech, City
Council ADOPTED an Ordiiiance authorizing certain events conducted on City
Property to be exempt from the PROHIBITION FROM WORKING OR TRANSACTING BUSINESS
ON SUNDAY.
Voting; 11-0
Council Members Voting Aye:
John A. Baum, Naiicy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Heiiley, H. Jack Jeiiiiings, Jr., Louis R.
Jones, Robert G. Jones, Vice Mayor Reba S. McClauaii, J. Heiiry
McCoy, Jr., D.D.S., and Meyera E. Oberndorf.
Council Members Voting Nay:
Noiie
Council Members Absent:
None
June 17, 1985
- 38a
AN ORDINANCE AUTHORIZING CERTAIN
EVENTS CONDUCTED ON CITY PROPERTY
TO BE EXEMPT FROM THE PROHIBITION
FROM WORKING OR TRANSACTING BUSINESS
ON SUNDAY
WHEREAS, Section 18.2, Code of Virginia (1950) as
amended, requires the City Council of the City of Virginia Beach
to designate on a case-by-case basis the events which are exempt
from working or transacting business on Sundays; and
WHEREAS, the following City property has been
designated by the Council of the City of Virginia Beach for the
following dates, as the site for the following events:
Date City Property Event
7/7/85 Civic Center (Dome) Big Flea Collectables Show
7/21/85 Pavilion Oriental Crafts & Furniture
Expo
8/11/85 Pavilion Baseball Card & Comic Book
Collectors Show
8/18/85 Pavilion Tidewater Automobile Show
1/12/86 Pavilion International Auto Show
1/26/86 Pavilion Antiques & Collectables
Show
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That the above-mentioned events are exempt from the
prohibition of working or transacting business on Sunday as
provided by general law. That the City Clerk is directed to
forward a certified copy of this Ordinance to the Commonwealth
Attorney.
ADOPTED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA, on the 17 day of June 1985.
JDB/ER/re APPROVED AS TO CONTENT
6/11/85
(MISC. ORD) SIGNATURE
@EPAR
- 39 -
Item II-K.7
CONSENT AGENDA ITEM # 23789
Upon motion by Councilman Fentress, seconded by Councilwoman Creech, City
Council ADOPTED ati Ordinance to establish GRANT GUIDELINES for agencies
receiviiig funds from the City of Virginia Beach to fuiid activities which
beliefit the Citizens aiid the Commuiiity-
Votilig: 11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Felitress, Mayor Harold
Heischober, Barbara M. Heiiley, H. Jack Jennings, Jr., Louis R.
Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry
McCoy, Jr., D.D.S., and Meyera E. Oberiidorf.
Council Members Voting Nay:
None
Council Members Abseiit:
Noiie
Juiie 17, 1985
- 39a
AN ORDINANCE TO ESTABLISH GRANT
GUIDELINES FOR AGENCIES RECEIVING
FUNDS FROM THE CITY OF VIRGINIA
BEACH TO FUND ACTIVITIES WHICH
BENEFIT THE CITIZENS AND THE
COMMUNITY.
WHEREAS, the City Council of virqinia Beach assists in
fundinq various agencies which perform services benefitting
citizens and the community; and
WHEREAS, the City Council believes that those aqencies,
which apply to the City for funding on an annual basis, should
submit an application to include equipment and supplies to be
purchased, services to be performed and the estimated costs
therefor. Other pertinent information should also be included
in said application to assist City Council in its evaluation
during the City's budgeting process; and
WHEREAS, the City Council further believes that those
agencies receiving said funds should report to the City, on a
quarterly basis, statinq how the funds have been expended, and
the services which have been performed as a result of those
expenditures.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE
CITY OF VIRGINIA BEACH, VIRGINIA:
Agencies requesting funding from the City annually shall
submit applications each year to be evaluated during the City's
budgeting process. Each application shall state equipment and
supplies to be purchased and services to be performed. The
application shall also state the estimated costs to purchase said
equipment and supplies, and to perform said services. Other
pertinent information, as needed by the City Manager's Office,
should also be included in said application to assist City
Council in its evaluation.
Those agencies whose applications are approved and who
receive funds shall submit quarterly expenditure reports,
accordingly. The quarterly reports shall state how the said
June 17, 1985
39b
funds were actually expended for equipment and supplies, services
performed, and all pertinent information relatinq thereto. These
reports shall be properly executed, by the appropriate authority,
before a notary public.
Adopted on the 17 day of Jutie 1985.
WCB/re
6/4/85 APPROVED AS TO CONTlfil!,
(ORD 1)
DEPARTMENT
"MVED AS TO FORM
'd - 4-.4-.A
GNATURE
aTy ATTORNEY
Jutie 17, 1985
- 40 -
Item II-K.8
CONSENT AGENDA ITEM # 23790
Upon motion by Couiicilman Fentress, secoiided by Councilwomaii Creech, City
Council ADOPTED an Ordinance, on SECOND READING, to accept futids of $30,000
from the Hampton Roads Water Quality Agency aiid appropriate these fulid6
to Project #2-996 BACK BAY WATERSHED PLAN.
Voting: 11-0
Council Members Voting Aye:
Johii A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jenniiigs, Jr., Louis R.
Jones, Robert G. Joiies, Vice Mayor Reba S. McClariali, J. Henry
McCoy, Jr., D.D.S., and Meyera E. Oberndorf.
Council Members Voting Nay:
None
Council Members Absent:
None
40a -
0
kd
:< AN ORDINANCE TO ACCEPT FUNDS OF $30,000
FROM THE HAMPTON ROADS WATER QUALITY AGENCY
u AND APPROPRIATE THESE FUNDS '1'0 PROJECT
0 #2-996 BACK BAY WATERSHED PLAN
cz
.<
WHEREAS, the Hampton Roads Water Quality Agency (HRWQA) has awarded
the City of Virginia Beach $30,000 as reimburseme,it for the portion of the
costs incurred in developing the Back Bay Watershed Management Plan (project
#2-996), and
WHEREAS, in order to properly and easily account for these funds,
it will be necessary to record the award as revenue and to appropriate the
funds to project #2-996.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, that the award of $30,000 froin the Hampton Roads Water Quality
Agency is hereby accepted and the funds are appropriated to project #2-996 Back
Bay Watershed Management Plan in the Engineering and Iiighways Capital Project
Fund.
Be it further ordained that the appropriation be offset by an
increase of $30,000 in estimated revenues in the Engineering and Highways
Capital Project Fund.
This ordinance shall be in effect from the date of its adoption.
Adopted by the Council of the City of Virginia Beach, Virginia
on the 17 day of Juiie 1985.
FIRST READIi4G June 10, 1985
SECOND READING June 17, 1985
Juiie 17, 1985
- 41 -
Item II-K.9
CONSENT AGENDA ITEM # 23791
Upon motioii by Councilman Feiitress, seconded by Councilwoman Creech, City
Council ADOPTED an Ordinance, oii SECOND RFADING, to appropriate additional
funds iLi the amount of $21,935 to the POLICE DEPARTMENT OPERATING BUDGET
for INCREASED POLICE PATROL within the CARPER HOUSING area and to authorize
the City Manager to enter iilto aii agreement with the United States Department
of the Navy.
Voting. 11-0
Council Members Votiiig Aye:
Johii A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, R. Jack Jennings, Jr., Louis R.
Joiies, Robert G. Joiies, Vice Mayor Reba S. McClanan, J. Heiiry
McCoy, Jr., D.D.S., and Meyera E. Oberndorf.
Council Members Voting Nay:
None
Coulicil Members Abseiit:
Noiie
41a -
0
Q AN ORDINANCE TO APPROPRIATE ADDITIONAL
FUNDS TO THE POLICE DEPARTMENT OPERATING
BUDGET FOR INCREASED POLICE PATROL WITHIN
THE CARPER HOUSING AREA AND TO AUTHORIZE
THE CITY MANAGER TO ENTER INTO AN AGREEMENT
>
C) WITH THE uNi,rED STATES DEPARTMENT OF THE NAVY
a:
-q
WHEREAS, the Department of the Navy is interested in increasing
police protection in the Carper Housing area during the evening hours of the
suimner tuonths, and
WHEREAS, in order to do so, the Navy Department is seeking to
enLer into an agreement with the City of Virginia Beach in which the city
will provide the police officer, vehicle and equipment with the Navy to pay
the salaries and fringe benefits of the assigned officer, and
WHEREAS, the salaries and fringe benefits of the assigned
officer is estimated to cost $21,935 throughout the summer months.
NOW THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, that funds in the amount of $21,935 are hereby appropriated
to the Police Department operating budget to be offset by a like increase in
estimated revenue in the General Fund.
Be it further ordained, that the City Manager is hereby
authorized to enter into an agreement with the United States Department of
the Navy to provide increased police patrol in the Carper Housing area
during the suibmer monlhs.
This ordinance shall be in effect from the date of its adoption.
Adopted by the Council of the City of Virginia Beach, Virginia
on the 17 day of June 1985.
FIRST READING: June 10, 1985
SECOND READING: Juiie 17, 1985
Juiie 17, 1985
- 42 -
Item II-K.10
CONSENT AGENDA ITEM # 23792
Upon motioii by Councilmaii Feiitress, secoiided by CouDcilwoman Creech, City
Council APPROVED an Ordinance, on FIRST READING, to appropriate $32,000 from
the Water and Sewer Fund to Project #5-832 COMPREHENSIVE WATER STUDY.
Voting: ii-O
Couiicil Members Voting Aye:
Johii A. Baum, Naiicy A. Creech, Robert E. Feiitress, Mayor Harold
Heischober, Barbara M. Heiiley, H. Jack Jeiiiiings, Jr., Louis R.
Joiies, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry
McCoy, Jr., D.D.S., aiid Meyera E. Oberiidorf.
Council Members Voting Nay:
None
Council Members Absent:
None
June 17, 1985
z 42a -
AN ORDINANCE TO APPROPRIATE
< I< $32,000 FROM THE WATER AND SEWER FUND
TO PROJECT #5-832 COMPREHENSIVE WATER STUDY
c;:
UWHEREAS, the present Capital Improvement Program includes project
#5-832 Comprehensive Water Study for an engineering analysis of the water system
including a computer operated mathematical model of the system, and
WHEREAS, this project is scheduled to receive funding from the Water
and Sewer Fund including $32,000 for the current fiscal year, and
WHEREAS, Public Utilities has requested that the $32,000 be made
available now to fund the vulnerability study and model conversion costs.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH that funds in the amount of $32,000 are hereby appropriated from Water and
Sewer Fund Reserve for Contingencies to the Water and Sewer Capital Projects Fund
to provide additional funds to project #5-832 Comprehensive Water Study.
This ordinance shall be effective from the date of its adoption.
First Reading: June 17, 1985
Second Reading:
Adopted by the Council of the City of Virginia Beach on the
day of 19-.
Juiie 17, 1985
RATS 16/ORD27
- 43 -
Item 11-K.11
CONSENT AGENDA ITEM # 23793
Upon motioii by Couiicilmaii Fentress, secoiided by Councilwoman Creech, City
Cou@icil APPROVED aii Ordinance, on FIRST READING, to accept fuiids totaling
"160,925 from the Virginia Housiiig Development Authority and to utilize
$10,228 from 9th Year Commuliity Development Block Graiit Fuiids and to appro-
priate these fuiid6 for the Section 8 existiiig HOUSING PROGRAM, MODERATE
REHABILITATION PROGRAM AND RENTAL REHABILITATION PROGRAM.
Voting: 11-0
Council Members Voting Aye:
Johii A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R.
Jones, Robert G. Jones, Vice Mayor Reba S. McClaiian, J. Heilry
McCoy, Jr., D.D.S., and Meyera E. Oberiidorf.
Couticil Members Voting Nay:
NODe
Council Members Abseiit:
Noiie
June 17, 1985
43a -
Requested by: The Department of Housing and Conununity Development
AN ORDINANCE l'O ACCEPT FUNDS l'OTALlNG $60,925
FROM THE VIRCINIA HOUSING DEVELOPMEN'R AUTIIOI@.tTy
,VND TO UTILIZE $10,228 FROM 9-1-@t YPAR COMKUNITY
DEVELOPMLNT L@LOCK GIIANT FUNDS AND 'rO APPROPRI-ATE
,rilESE FUNDS FOR THE SFCTION 8 i@xis,rIN(: HOUSING PL@OGRAM,
MODEIZATE REliABILITAT10N PROGIZAM AND REN'RAL l"ERABILITNrION
PROGRAM
WIIERLAS, the City of Virginia Beach has participated and wisties
to continue its participation in the Section 8 Existing llousing Prograin,
Moderate Rehabilitation Program and Rental Reliabilitation Program; and
WI[EREAS, the Virginia Housing Development Authority (VHDA) has
submitted a proposed Administrative Services Agreement and applicable
addendum for ttie implementation of a [lousing Assistance Paynients Progra(ii
for Existing Housing, the Moderate Rehabilitation Program and the Itental
Rehabilitation Prograin; and
WHEREAS, the Department of Housing and Community Development (DHCD)
has been designated to administer the programs, which will assist in
housing low and moderate income persons; and
WIIEP,F,%S, the total budget to administer the Section 8 Existing
Rousing Program, Moderate Rehabilitation Program and Rental Rehabili-ta-
tion Program is $71,153, with VIIDA providiiig $60,9?5 of the prograin co.,t
and $10,228 being provided from the City's Collimunity Development Block
Grant Budget
NOW, 'FIIERL-'FORE, BE IT ORDAINED BY TIIE COUNCII, OF TIIE CITY OF
VIRGINIA BEACII, VIRGINLA:
Ttiat the City Manager is hereby autliorized to accept funds for
the City, and funds are liereby appropriated for tlie City's Section 8
Existing Housing Program, Moderate Rehabilitat@Lon Program and the
Rental Rehabilitation Program in the ainount of $71,153.
BE IT FUITTHER ORDAINED ttiat three persoiinel positions are liereby
authorized for tlie duration of the funding, to be paid by VHDA and
supplemented by DHCD as indicated on tlie attached sheet labelled "F-,xliibit
A. "
AND BE IT FURTHER ORI)AINEI) ttiat ttie City Manager is hereby
authorized to enter into ati Adnii.nistrative St!rvices Ai,,reemenL witli VHDA
43b -
for implementation of a Housing Assistance Payment Program for
Existing tiousing. Said agreernent and addendwn are attactied hereto
and incorporated by reference.
FIRST READING: June 17, 1985
SECOND READING:
Adopted by the Council of the City of Virginia Beach, Virginia
on this_ day of 1985.
APPROVED AS TO CONTENT
ust'ick'(DirecEor)
d Co.nit elopment
APPROVED AS TO FORM
@5@
David S. Hfiy,
Assistant City Attorney
DSH/ntf
6/4/85
(C)
June 17, 1985
VIRGINIA HOUSING DEVELOPMENT AUTHORITY
ADMINISTRATIVE SERVICES AGREEMENT
SECTION 8 EXISTING
THIS AGREEMENT, dated this First day of July
19 85, by and between VIRGINIA HOUSING DEVELOPMENT AUTHORITY, and the Virginia Beach
Of l@ce of Housing and Commu"i'y ve 0 ment
9
he reinaf ter ref erred to as th, @ A@e,t" an age n cyof the Cityof Vi rqi ni a Beach
a i)olitical subdivision of the Comiwnwealth of Virginia.
W I T N E S S E T H
WHEREAS, the Authority proposes to undertake the administration of the Housing
Assistance Payments Program for Existing Housing (hereinafter referred to as the
"Program") pursuant to Section 8 of the United States Housing Act of 1937, as amended
by the Housing and Community Development Act of 1974 (hereinafter referred to as the
"Act"), and for purposes thereof qualifies as a Public Housing Agency as defined in
the Act and the Regulations promulgated thereunder; and
WHEREAS, the Authority has submitted its application to the United States
Department of Housing and Urban Development (hereinafter referred to as "HUD") for
Annual Contributions from HUD to cover Housing Assistance Payments (hereinafter
referred to as the "Payments") and other allowable expenses under the Program; and
WHEREAS, the aforesaid application having been accepted by HUD and an Annual
Contributions Contract (hereinafter referred to as the "ACC") having been entered
into by and between HLKD and the Authorit'y on the day of
1 19 for housing assistance under the Program for housing
ocated in the City of Virginia Beach
Virginia; and it is necessary and desirable for the@uthority to contract for the
performance of certain administrative services reqpired to be performed by or on the
behalf of the Authority pursuant to the terms and provisions of the ACC; and
WHEREAS, the Agent is willing to uhdertake on behalf of the Authority and to
perform the requisite adniinistrative services and is empowered and authorized and
hereby represents and warrants that it is empowered and authorized to enter into this
Agreement.
NOW, THEREFORE, for and in consideration of the premises and the mutual
covenants contained herein, the parties hereto do hereby agree as follows:
1. The term of this Agreement shall be for a period of on. fl@.e.&r
commencing upon the effective date on pace 1 hereof; Provided, however @tvis Agreement
shall continue in full force and effect upon the expiration of the initial term upon
the same terms and conditions for a successive term or terms, no one of which shall
exceed one (1) year. The term of this Agreement, however, shall not extend beyond the
term of the ACC, as e'xtended. This Agreement may be terminated at the end of the
initial term or any such renewal term by the giving of ninety (90) days' prior written
notice; provided, however, this Agreement may be terminated by the Authority at any
time for just cause, as determined by the Authority, upon the rendering of thirty (30)
days' prior written notice to the Agent. In any event, the Authority shall not be
subject to liability for any loss, damage or expenses caused by termination by the
Authority of this Agreement. For the purposes hereof, the termination of the ACC shall
be deemed to be just cause, as well as serious violations of the provisions of this
Agreement.
July 1, 1978 37-01
July 1, 1979 37-02
July 1, 1980 37-03
July 1, 1981 37-04
8-140-1 Page I of 6
5/85
2 Prior to corimencement of the initial terni hereof, the Agent shall
have subinitted to, and received approval from, the Authority for its projection of
anticipated expenses and administrative costs to be incurred by it in the adillinis-
tration of this Agreement during the initial term. Upon each renewal term, the
Agent shall submit to the Authority bY February 15 for review and approval its pro-
jection of anticipated expenses and administrative costs to be incurred by it in
the administration of this Agreenient during tlie period of such respective term; and
for renewal terms only, shall submit those actual costs incurred during the previous
term along with leasing projections and projections of expenses to be incurred
through the end of the fiscal year. Upon approval by the Authority, such projection
shall constitute the basis upon which the Authority shall reimburse the Agent as
set forth in Paragraph 3 and or Paragraph 30 hereof provided, however, that in the
event the Agent does not adhere to the agreed-upon leasing schedule, the extent to
which the Authority shall reimburse the Agent shall be limited to the extent reim-
bursement is made available to the Authority by HUD.
3. The Authority shall reimburse Agent for all reasonable and necessary
costs and expenses incurred by Agent in the performance of its duties and responsibilities
hereunder and as may be approved by the Authoriiy, provided, however, except under
circumstances clearly warranting further reimbursement, the Authority shall not reimburse
Agent for any such costs or expenses in excess of the aggregate amount thereof set
forth in the approved projection as provided in paragraph 2 hereof.
4. The reimbursement shall be made monthly, in arrears, by the Authority
upon the submission by the Agent of proper requisition therefor in such form as may
be prescribed by the Authority and supported by detailed invoices. The reimbursement
due and payable with respect to the expenses and costs incurred in any particular
month during the initial term or any renewal term hereof shall be made by the twentieth
working day following receipt of the requisition. All requisitions shall be submitted
to the Authority no later than the tenth (10th) day of each such succeeding month in
which reimbursemeht is expected except for the month of June. In June, requisitions
are to be submitted by June 15 accruing costs through the end of the month. Documen-
tation of those expenses anticipated for June are to be forwarded as normally required.
Requisitions more than 60 days delinquent could be grounds for non-payment of such
requisitions. No requisitions will be paid if not submitted by June 15.
5. At such time as HUD shall have remitted to the Authority the allowance,
in the amount approved by HUD, for preliminary costs of administration as provided for
by section 1.4(b) (2) of the ACC, the Authority shall remit an amount, not to exceed
the amount approved by the U. S. Department of Housing and Urban Development for
preliminary costs, to the Agent to cover its portion of the preliminary costs of admini-
stration with respect to this Agreement. It is understood that this payment shall be
made in 12 installments, monthly, during the initial term hereof and reflects the initial
expenses incurred in commencing administration under the Program. Further, inasmuch
as the amount paid to cover preliminary costs will be subject to audit by HUD, any
adjustments required to be made by HUD in the amount paid to the Authority for pre-
liminary costs will result in commensurate adjustments beino made in the corresponding
amount Paid to the Agent hereunder.
1
6. The Agent shall faithfully and promptly perfortn the administrative
services hereinafter set forth in paragraphs 7 through 21, inclusive, in full com-
pliance with the requirements of the Authority as contained in the VHDA Section 8
Existing/Mod Rehab Operations Manual and any subsequent memorandums made a part
thereof and the Act and Regulations promulgatpd thereunder the ACC. Virginia Housing
may request that the Agent be replac6d if documentation reveals their failure
to perform.
7. The Agent shall publish and disseminate to the general public and
interested parties appropriate in,@Ormation concerning the availability and nature of
the housing assistance provided under the Program in accordance with Authority guide-
lines. Such inforination shall conform to the programs specified in the Authority's
Equal Housing Opportunity Plan and shall include publication in a newspapet@ of general
circulation and the utilization of appropriate minority media. The inforniation shall
specify (a) the availability and nature of tl)e housinq assistance and that it may be
used in connection with presently occupied housinq units, (b) the location of the place
at which applicants may apply for a Certificate o@ Family Participation (hereinafter
referred to as the "Certificate"), (c) that the residents of public housing and
applicants on waiting lists for public housing must niake separate applications fol,
Certificates under the Program, and (d) applicants on public housing waiting lists
will not lose their place on such waiting lists. All outreach efforts (including
advertising, presentations to community groups, brochure Placement, etc.) will be doc-
umented and must be maintained in an outreach folder for 'periodic review by the
Authority or its designee.
8. The information published and disseminated pursuant to paragraph 7
hereof shall be subject to the prior approval of the Authority. Further, the Agent
shall provide the Authority with a statement of the methods of publication used and
copies of all published notices and other information for remittance to HUD.
9. In connection with the dissemination of the information required above,
the Agent shall take Such steps as may be necessary or appropriate to effect invitation
to owners of suitable housing units to make such units available for leasing under
the Program.
10. The Agent shall determine, in accordance with applicable regulations
and such schedules and criteria as may be established by HUD and the Authority,
the eligibility of applicants to receive Payments.
11. The Agent shall receive and review applications for Certificates for
eligibility. The Agent shall determine eligibility of applicants and shall notify
those applicants determined to be eligible, initially with prior Authority approval,
and to whom the Agent shall issue Certificates. In the event that an applicant is
determined to be ineligible, the Agent shall so notify the applicant by written
correspondence stating the reasons for ineligibility and advising that the applicant
may request, within a reasonable period of time, which shall be stated in the
correspondence, an informal hearing with the Authority. In the event that there are
more eligible applicants than can be assisted, the Agent shall nlajntain a waiting
list, notifying applicants in writing that they have been placed on the waiting list
and indicate the approximate date upon which Certificates might be issued, if such
date can reasonably be determined. Should the Agent deteri:line that the waiting list
is such that there is no reasonable prospect that additional Certificates could be
issued within the ensuing year, the Agent shall so notify the Authority and request
Authority approval to suspend the taking of applications, and if approved by the
Authority, the Agent shall, through publication in a newspaper of general circulation
as well as through minority media and other suitable means, publish notice of the
suspension of taking further applications. Such suspension shall be effective as of
the date stated in such notice.
12. All records of application, notification letters and similar matters
shall be retained by the Agent in safekeeping during the term of this Agreement and
any renewals or extensions thereof and, upon termination, shall be remitted to the
Authority for appropriate disposition. All such applications, notices and other such
records shall be subject to inspection and copying by the Authority or HUD at all
reasonable times. Records will be retained as specified by the Authority or HUD.
13. The Agent shall select applicants according to such selection priorities
as shall be established jointly by the Agent and the Authority from time to time
when issuing Certificates. The total number of applicants selected within any particular
category as may be established shall at all times be consistent with the Puthorit,y's
application to HUD. Upon a determination by the Agent that any particular applicant
is eligible and qualifies for issuance of a Certificate, the Ag&nt shall transmit the
executed Certificates to the approved applicant. Initially, all applications for
Certificates must be approved by the Authority before a Certificate can be issued.
In the event that the Aqent shall be unable to alloca te the total number of Certificates
available within any pa@ticular cateqory, the Agent will so notify the Authority in
writing and request a redistribution In the event the Agent is unable to satis-
factorily utilize those Certificates made available, the Authority may effect a
redistribution to other localities.
14. At such tinie Certificates niay be issued to eligible Families, the
Agent shall deliver to such Families copies of the Certificate Holder's Packet. Upon
delivery of the Certificate and tlie Packet, the Agent shall provide assistance to
the family in finding a suitable unit and in understanding the Family's responsibilities
and those of the Owner of the unit under the Program by providing a full explanation
of those matters set forth in 24 CFR 882.209(c) (1) through (8), inclusive.
15. The Agent shall render such assistance as may be necessary or
appropriate to aid Families in locating suitable units for rental under the
Program within the period of the Certificate. Should any Faniily be unable to locate
a suitable unit within such period, and a request for extension of the Certificate
shall have been submitted, the Agent shall review the request for extension and
notify the family of its decision.
8-140-1
16. At such time as a Family shall have s elected a unit for rental
and submitted to the Agent a Request for Lease Approval and a copy of the proposed
Lease, the Agent shall (1) determine whether the type of housing selected can
be approved (e.g., not owner-occupied or public housing) and whether the proposed
rent is reasonable and is within applicable HUD Regulations pertain,'ng to limitations
on rents; (2) inspect the proposed rental unit for complianc, with housing quality
standardS as set forth in the Act; and (3) review as to form and content all proposed
leases of units under the Program. Such leases shall conform to all applicable
HUD requiremehts. In the event that the inspection required by (2) above discloses
any defects or deficiencies which must be corrected in a unit in order for the same
to be decent, safe and sanitary, the Agent shall so advise the Owner and re i nspect
the unit prior to leasing to ascertain that the necessary work ha s been performed
and that the unit is decent, safe and sanitary. Reports of every inspection atid
reinspection by the Aqent pursuant to the provisions hereof shall be prepared and
maintained in the file-s of the Agent and shall specify any defects or deficiencies
which must be corrected in order for ihe unit to be made decent, safe and sanitary,
and any other defects or deficiencies which may be d iscovered on any such inspect ion
or reinspection. No leases can be approved or renewed until the units are brought
into compliance with the Housing Quaj'lty Standards.
17. In order to assure comdliance with such applicable sc-hedules and
criterl*a as may be established by HUD'and all applicable Regulations concernina
the amount of Payments to be made on behalf of Families, the Agent shall make s-uch
appropriate determinations of rental contributions required of participating Families
as may be requisite.
18. After such time as a IIOUsing Assistance Payments Contract may have been
executed @-iith respect to any unit and such unit occupied, the Agent sha I 1 inspect such
unit at least annually to assure the same is decent, safe and sanitary and that all
agreed upon utility and other services are being provided. A summary report of inspection
conducted and confirmations of continued occupancy shall be submitted to the Authority
in such manner and at such times as shall be required @v the Authority. Should the
Owner of any rental unit fail to make any necessary repairs, the Agent shall promptly
notify the Authority in writing.
19. The Agent shall, from time to time, review and report to the Authority,
in a form prescribed by the Authorit.y, its recommendation with respect to the reason-
ableness of 'he unit rentals and applicable Allowances for Utilities and Other Services
as defined by the Act. Should changes in utility rates or other circumstances neces-
sitate changes in such Allowances, the Agent shall recommend to the Authority appropriate
adjustments thereto.
1-he f,,ent shall re-exariin,@, at least annually, Family incor.;e, cor,;oosition
and the extent of medical or unusual e,.,penses and. advisp the In@uthority @jit;i res,-,-ct
to its recommendations as to appropriate adjvstments in the amounts of Family contri-
butions and payments.
21. In performing its duties and responsibilities hereunder, the Agent
and VHDA hereby assure and certify that:
a. The,y will comply with Title Vi of the Civil Rights Act of 1964
(P.L. 88-352) and regulations pursuant thereto (Title-24 CFR Part I) which states
that no person in the United States shall, on the grounds of race, color, or national
origin, be excluded from participation in, be denied the benefits of, or be otherwise
subjected to discrimination under any program or activity for which the applicant
receives financial assistance; and will immediately take any measures necessary to
effectuate this Agreement. With reference to the real property and structure(s)
thereon which are provided or improved with the aid of Federal financial assistance
extended to the applicant, this assurance shall obligate the applicant, or in the
case of any transfer of property, the transferee, for the period during which the
real property and structure(s) are used for a purpose for which the Federal financial
assistance is extended or for another purpose involving the provision of similar
services or benefits.
8-140-1 Page 4 of 6
5/85
b. They will comply with Title VIII of the Civil Rights Act of
1968 as amended, which prohibits discrimination in housing on the basis of race,
color, religion, sex or national origin, and administer its programs and activities
relating to housing in a manner to affinnatively further fair housing.
C. They will comply with Executive Order 11063 on Equal Opportunity
in Housing which prohibits discrimination because of race, color, creed, or national
origin in housing and related facilities provided with Federal financial assistance.
d. In establishing the (:riteria for the selection of tenants, neither
VHDA and its Administrative Agent nor the Owner will utilize preferences or priorities
which are based on (1) the identity or location of the housing which is occupied or
proposed to be occupied or (2) upon the lenoth of time the applicant has resided in
the jurisdiction. VHDA and its Administrative Agent and the Owner shall treat non-
resident applicants who are working, or have been notified that they are hired to
work, in the jurisdiction as residents of the jurisdiction.
e. If the proposed project is to be located within the area of a
local Housing Assistance Plan (HAP), the Agent will take affirmative action to provide
opportunity to participate in the Program to persons expected to reside in the com-
munity as a result of current or planned employment.
22. The Agent's authority and responsibilities shall be limited to
existing housing located within the geographical boundaries of the Citv
of Virginia Beach , Virginia.
23. The Agent shall furnish such information or reports with respect to
the administration of this Agreement as the Authority may from time to time deem
necessary or appropriate.
24. No member fficer, employee of the Authority, no member of the
governing body of the loc;lioty identified in paragraph 23 hereof, and no other public
official of such locality who exercises any functions or responsibilities with re-
spect to the units leased under the Program and the ACC, during his tenure or for
one year thereafter, shall have any interest, direct or indirect, in this Agreement
or any proceeds or benefits arising therefrom.
25. This Agreement may not be assigned by the Agent without the prior
written consent of the Authority.
26. This Agreement shall not be modified or amended in any respect except
by writing executed on behalf of both parties hereto.
27. This Agreement shall be construed under and governed by the laws of
the Commonwealth of Virginia.
28. Non-expendable equipment purchased and expensed solely for the Section
8 Existing Housing and/or Moderate Rehab Program must be turned over to VHDA or the
new Administrative Agent should Vi r!li "ia nt
elect to discontinue participation in the
tially utilized by both the Existing Housing an local
programs will be determined based upon the amou quipment
as prescribed and calculated by VHDA.
291. As compensation for its services rendered hereunder, the Authority
shall pay to the Agent a fee of $ 18.93 per unit under lease all or part of the
preceeding month, which may be re ised by Addendum to this Agreement. The fee payable
with respect to any particular nionth shall be due and payable during the following ,
month. The monthly fee is based on anticipated expenses and number of units estimated
to be under lease.
Since Virginia Housing will consider adjustments to this fee, if
necessary during the term of this Agreement, it is the Agent's responsibility to
maintain accurate records of expenses incurred. Although income earned from adminis-
trative fees is not cost certifiable, expenses may be audited by VHDA staff and/or
its designees to ensure their reasonableness and their relationship to housing and
housing prograifls locally. A surplus of fees earned by the Agent will be utilized to
offset estiiiiated expenses at the renewal of this Agi-eement.
3Q A penalty of $ will be imposed for each lease packet
which is subinitted for approvai after the established deadline (unless prior approval
is obtained) and for packets that contain errors. In the event the Agent habitually
submits leases after the established deadline, VHDA reserves the right to impose
administrative remedies or additional monetary penalties.
All notices required hereunder shall be in writing and delivered by hand or
by mail , postage prepaid, and, if to the Authority, drawn to the attention of
Thomas W. Schneider, CPM, Assistant Director of Housing Management for Special
Programs, Virginia Housing Ueve(o@m 3 South Thirteenth Street,
Richmond, Virginia 23219, and if to the Agent, drawn to the attention of
IN WITNESS WFIEREOF, the parties hereto have caused these presents to be
executed by their duly authorized officers or agents as of the day and year first
above written.
APPROVED AS TO CONTENT: VIR INI@ HOUSING ORITY
B Y: , W@ /, , - ) By: L
M'ar'y nn ti c@,@ Di c o@ James F. Kelly, CPM
Depar t of Hou si ng an
Community Development Title: Dirprtnr nf H@l-tsing t4an@omept
DATE: Date: 1-1
APPROVFD AS TO FORM:
AGENT
BY: LS
David S./Ha)i, City Attorney By:
City of'Virciinia Beach
Title: Thomas H. Muehlenbeck, City Hanaaer
City of Virginia Beach
Date:
Exhibit A
Section 8 Program Administration Budget 85-86
Item Cost Sub Total Total
1) SALARIES
a) Program Specialist $26,510.00
b) Program Technician 17,108.00
c) Clerk - Typist 1 10,805.00 $54,423.00
2) LEGAL -0- -0-
3) TRAVEL 447.00 447.00
4) ACCOUNTING -0- -0-
5) OFFICE PFNT -0- -0-
6) SUNDRY
a) Telephone 1,460.00
b) Office Supply 252.00
c) Central Store Charges 72.00
d) Print Shop 331.00
e) Postage 500.00 2,615.00
7) MAINTENANCE AUTO & TYPEWRITER 395.00 395.00
R) INSUWCE 209.00 209.00
9) EMPLOYEE BFNEFLTS
a) FICA 3,838.00
b) Health & Hospitalization 2,089.00
c) Group Insurance 572.00
d) City Retirement 6,566.00 13,064.00
10) OFFICE EQUIPMFNT -0- -0-
11) OFFICE FURNITURE -0- -0-
12) AUTOMOTIVE -0- -0-
$71,153.00
Fee Income $60,925.00
CDBG Supplement Funds .$]_O._22.8.00
TOTAL
Exhibit A
Section 8 Progr= AdmLinistration Budget 85-86
Item Cost Sub Total Total
1) SALARIES
a) Program Specialist $26,510.00
b) Program Technician 17,108.00
c) Clerk - Typist I 10,805.00 $54,423.00
2) LE@ -0- -0-
3) TRAVEL 447.00 447.00
4) ACCOUNTING -0- -0-
5) OFFICE RF.NT -0- -0-
6) SUNDRY
a) Telephone 1,460.00
b) office Supply 252.00
c) Central Store Chargem 72.00
d) Print Shop 331.00
e) Postage 500.00 2,615.00
7) MAINTENANCE AUTO & TYPEWRITER 395.00 395.00
8) INSURANCE 209.00 209.00
9) EMPLOYEE BENEFITS
a) PICA 3,838.00
b) Health & Hospitalization 2,088.00
c) Group Insurance 572.00
d) City Retirement 6,566.00
10) OFFICE EQUIPMNT -0- -0-
11) OFFICE @URNITUPE -0- -0-
12) AUTOMOTIVE -0- -0-
$71,153.00
Fee Income $60,925.00
CDBG Supplement Funds $10,228.00
TOTAL $71,153.00
SECTION 8 MODERATE REHABILITATION PROGRAM
ADI-IINISTRATIVE SERVICES AGREEMENT
This Addendum to the Administrative Services Agreement dated the First dav of
ING DEVELO lIENT AUTHORIT@
oi)ment
hal
specified t.
The following specific provisions apply to the Section 8 Moderate Rehabilitation
Program (hereinafter referred to as the "Moderate Rehab Program") in addition to those
included in the Agreement:
1. The provisions regarding publishing and disseminating information for
the Existing Housing Program as delineated in paragraph 7 of the Agreement
shall not apply to the tloderate Rehab Program. For the Moderate Rehab
Program, the Agent may be directed to have published and to disseminate
only Authority provided information. Any such publication of information
shall conform to the Authority's Equal Housing Opportunity Plan and the
Agent shall have all publication charges invoiced to the Authority.
2. The Agent shall receive and review applications for eligibility from: (1)
tenants in residence at the time the owner's proposal is submitted to the
Authority and as directed by the Authority; (2) applicants to Moderate Rehab
units from the locality's waiting list; (3) applicants to Moderate Rehab
units from the owner, as applicable; and (4) tenants who have moved in
during the period which the Agreement to Enter into the Housing Assistance
Payments Contract (AHAP) is in force. The Agent shall receive and review
applications for eligibility. The Agent shall determine eligiblity of appli-
cants and shall notify those applicants determined to be eligible, initially
with prior Authority approval. In the event that an applicant is determined
to be ineligible, the Agent shall so notify the applicant by written corres-
pondence stating the reasons for ineligibility and advising that the applicant
may request, within a reasonable period of time, which shall be stated in
the correspondence, an informal hearing with the Authority.
3. The Provisions of paragraph 13 of the Agreement regarding issuance of Cert-
ificates according to selection priorities in the Existing Housing Program
shall not apply to the Moderate Rehab Program. For the Moderate Rehab Program,
tenants occupyina Moderate Rehab units at the time the "Housing Assistance
Payments Coni-rac-t" is signed will be assisted in accordance with the effective
date of @@he Contract, if still determined eligihle. Vacant Moderate Rehab
units will be filled by procedures outlined in the Equal Opportunity Housing
Plan.
4. The provisions of paragraph 14 of the Agreement regarding the supplying of
Certificate Holder's Packets to eligible families shall not apply to the
Moderate Rehab Program. For tenants eligible under the Moderate Rehab
Program, the Agent shall conduct a tenant briefing advising the tenant
of his responsibilities and those of the owner of the unit under the
Moderate Rehab Program by providing a full explanation of those matters
set forth in 24 CFR 882.514(d) (1) and (2).
5. The provisions of paragraph 15 of the Agreement regarding rendering of
assistance to families shall apply to the Moderate Rehab Program when
'Moderate Rehab units become vacant.
8-140-IC Page I of 2
5/85
6. The provisions of paragraph 16 of the Agreement regarding the selecting
of a unit by tlie family shall not apply to the f-loderate Rehab Program.
However, usage of VHDA's model lease for t@ioderate Rehab units is
required. VHDA approval of any addendums to the lease is also reqtlired.
7. The provisions of paragraph 18 apply, however, not to the effective date
of the Housing Assistance Payments Contract but instead to the effective
date of the lease.
8. The provisions of paragraph 19 regarding the reasonableness of unit
rentals shall not apply to the Moderate Rehab Program.
9. The provisions of paragraph 30 of the Agreement apply except that the fee
for Moderate Rehab units is 18.93 for each unit under lease
per month.
10. A penalty of $ 18.93 will be imposed for each lease packet
which is submitted for approval after the established deadline (unless
prior approval is obtained) and for packets that contain errors. In
the event the Agent habitually submits leases after the established dead-
line, VHDA reserves the right to impose administrative remedies or
additional monetary penalties.
VIRGI ING DEVE@PPMENT AUTHORITY
BY: @ [,i) By:
James F. Kelly, CPM Thomas H. Mu
Title: Title: City Manager
0 U@S i ri
Date:
Date:
APPROVED AS TO CONTENT: APPROVED AS TO FORM:
BY: BY: .1@ /Iff
Marya tick, Direct David S/ Hay, Lity Attorney
DeparL e-f Housing & Community Development City of Virginia Beach
8-140-IC
- 44 -
Item II-K.12
CONSENT AGENDA ITEM # 23794
Upon motion by Councilman Fentress, secoiided by Councilwomaii Creech, City
Council APPROVED an Ordinaiice, on FIRST READING, to accept a Graiit from the
Departmeiit of Corrections totaling $122,800 aiid to appropriate these
Funds for the VIRGINIA BEACH COMMUNITY DIVERSION INCENTIVE PROGRAM.
Votiiig: 11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jeniiings, Jr., Louis R.
Jones, Robert G. Joiies, Vice Mayor Reba S. McClanan, J. Henry
McCoy, Jr., D.D.S., and Meyera E. Oberndorf.
Couiicil Members Voting Nay:
Noiie
Council Members Absent:
None
- 44a -
AN ORDINANCE TO ACCEPT A GPANT
FROM THE DEPARTMENT OF CORRECTIONS
TOTALING $122,800 AND TO APPROPRIATE
THESE FUNDS FOR THE VIRGINIA BEACH
COMMU14ITY DIVERSION INCENTIVE PROGRAM
WHEREAS, the Virginia General Assembly has enacted the
Comm,unity Diversion Incentive Program which makes funds available
to jurisdictions within the Commonwealth for the purposes of diverting
qualified non-violent offenders from the State penitentiaries for
the purpose of rehabilitating these offenders and allowing them the
opportunity to make restitution for their crimes; and
WIIEREAS, the City of Virginia Beach is currently operating
such a program; and
WHEREAS, the Virginia Departnient of Corrections has approved
the necessary funding to continue the Virginia Beach Community Diver-
sion Program from July 1, 1985 through June 30, 1986 to accomplish
the objectives stated above.
NOW, THEREFORE, BE IT ORDAINED BY TIIE COUNCIL OF THE CITY
OF VIRGINIA BEACH:
That the City Manager is hereby authorized to accept the
grant for the City and funds are hereby appropriated for the
following purposes:
Estiniated Revenue local Thtal
from other Agencies Match Appropriations
CDI Procjrarn
$122,800 $0.00 $122,800
BE IT FURTHER ORDAINED that two personnel positions are
hereby authorized for the duration of the grant to be paid from the
grant with the classes of the employees to be determined by the City
Manager.
FIRST READING: June 17, 1985
SECOND READING:
Adopted by the Council of the City of Virginia Beach on the
day of 1985.
APP ENT
Jutie 17, 1985
DEPARTMENT
RNEY
- 45 -
Item 11-K.13
CONWENT AGENDA ITEM # 23795
Upou moton by Councilmaii Fentress, secotided by Councilwomaii Creech, City
Council ADOPTED an Ordiiiance to transfer $32,912 for the provision of
Medical Services at the Virginia Beach Correction Center aiid to authorize
the City Manager to enter into a contract with CORRECTIONAL MEDICAL SYSTEMS,
INC.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jenniiigs, Jr., Louis R.
Jones, Robert G. Jones, Vice Mayor Reba S. McClalian, J. Henry
McCoy, Jr., D.D.S., and Meyera E. Oberndorf.
Council Members Voting Nay:
None
Council Members Absent:
None
June 17, 1985
45a
AN ORDINANCE TO TRANSFER $32,912
FOR THE PROVISION OF MEDICAL
SERVICES AT THE VIRGINIA BEACH
CORRECTION CENTER AND TO AUTHORIZE
THE CITY MANAGER TO ENTER INTO
A CONTRACT WITH CORRECTIONAL
MEDICAL SYSTEMS, INC.
WHEREAS, on March 5, 1985, City Council accepted the bid of
Correctional Medical Systems, Inc., in the amount of $243,824 for medical
services at the Virginia Beach Correction Center subject to the City
Manager being presented a satisfactory contract for this service and
said contract being submitted to Council at a later time.
WHEREAS, the amount budgeted for the medical contract should
be increased to approximately $276,912 to reflect contractor error cor-
rections in the original bid as well as to reflect estimated across-the-board
salary increases to the medical staff, and
WHEREAS, the ef f ective date of the contract shall be July 1, 1985.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA, that $32,912 be transferred from Reserve
for Contingencies in the FY 1986 Operating Budget to the Correction
Center's Operating Budget for Treatment.
BE IT FURTHER ORDAINED, that the City Manager is hereby authorized
to enter into a contract with Correctional Medical Systems, Inc., for
the provision of medical services at the Virginia Beach Correction Center.
Adopted by the Council of the City of Virginia Beach, Virginia,
on the 17 day of June 1985.
June 17, 1985
HEALTH SERVICES AGREEEMENT
THIS AGREEMENT by and between the City of Virginia Beach, a
political subdivision of the Commonwealth of Virginia (~ereinafter referred
to as the "City") and Correctional Medical Systems, Inc., a Missouri cor-
poration, (hereinafter referred to es "CMS"), is entered into as of the
day of , 1985.
WITNES SETH:
WHEREAS, City is charged with the
health care at the Virginia Beach Correction
is supervised by the Sheriff; and
responsibility for providing
Center (the "Center") which
WHEREAS, the objective of Sheriff is to provide for the delivery
of quality health care to inmates in accordance with applicable law and
regulations; and
WHEREAS, City and Sheriff desire to enter into n health care
services agreement with CMS to promote this objective; and
WHEREAS, CMS is in the business of providing correctional health
care services and desires to provide such services for the City under
the terms and conditions hereof;
NOW, THEREFORE, with intent to be legally bound, and in con-
sideration of the convenants and promises hereinafter made, the parties
hereto agree as follows:
Article I: Health Care Services.
1.1 General EngaRement. City hereby engages CMS to provide
for the delivery of reasonable and necessary physical and mental health
care to individuals under the custody and control of the Sheriff and incar-
cerated at the Center, and CMS hereby accepts such engagement according
to the terms and provisions hereof.
1.2 Scope of Services. CMS will provide on a regular basis
professional medical, mental health, dental and related health care and
administrative services for the inmates, including supervision of a program
for preliminary screening of inmates upon arrival at the Center, a compre-
hensive health evaluation of each inmate following admission to the Center,
regularly scheduled sick call, nursing coverage scheduled at all times,
regular physician visits on site, infirmary care, hospitalization, medical
specialty services, emergency medical care, medical records management,
pharmacy services management, health education and training services,
a quality assurance program, administrative support services, and other
-1-
services, all as more specifically described hereinafter and as further
describbd in CMS's proposal submitted to City January 8, 1985, and incor-'
porated herein by reference.
1.3 Specialty Services. 04S will provide specialty services
(e.g., radiology services, laboratory services, etc.) on site to the extent
reasonably possible. To the extent specialty care is required and cannot
be rendered on site, CMS will make appropriate off-site arrangements for
the rendering of such care.
1.4 Emergency Services. CMS will provide emergency medical
treatment to inmates, visitors and Center staff as necessary and appropriate
on site. CMS will provide off-site emergency medical care, as required,
through arrangements to be determined with local hospitals. City will
provide ambulance services or other suitable transportation services in
connection with off-site emergency medical treatment.
1.5 Hospitalization Services. CMS will arrange for the admission
of any inmate who, in the opinion of the medical director, requires hospitali-
zation and will bear the costs thereof; provided, however, that CMS will
not be liable for expenses associated with the hospitalization of inmates
hospitalized prior to the commencement date of this Agreement and further
provided that CMS' liability for costs associated w@th hospitalization
will be limited in the following circumstances to the stated amounts:
a. $10,000 in the agregate for any contagious illness
affecting more than one (1) inmate.
b. $10,000 in the aggregate for injuries affecting more
than one (1) inmate that arise from the same occurence.
C. $5,000 per inmate for any illness or injury or any
related injury or illness.
1.6 Injury Incurred Prior to Incarceration; Pregnancy. cms
will not be liable for costs associated with treatment of injury to an
inmate provided prior to incarceration at the Center or during unauthorized
absence from the Center. The provisions of the Section 1.6 will apply
as well to any health care services provided by OIS to any infants born
to inmates. CMS will provide health care services to any pregnant inmates,
but health care services provided to an infant following birth will the
be the responsibility of City.
1.7 Elective Medical Care. CMS will not be responsible for
the provision of elective medical care to inmates. For purposes of this
Agreement, "elective medical care" means medical care which, if not provided,
would not in the opinion of CMSI medical director cause the inmate's health
to deteriorate or cause definite harm to the inmate's well-being.
-2-
1.8 Transportation Services. To the extent any inmate visitor,
or Center staff requires off-site health care treatment (e.g., emergency
care, hospitalization, -specialty services, etc.), City will provide appropriate
transportation services as requested by CMS.
ARTICLE II: PERSONNEL:
2.1 Staffing. CMS will provide medical, mental health, dental,
technical and support personnel necessary for the rendering of health
care services to inmates as contemplated herein. This health care team
will consist at least of a physician (who will serve also as medical director),
a registered nurse/medical supervisor, a dentist, a psychiatrist, a master
social worker, an additional registered nurse, licensed practical nurses,
a physician's assistant II, and a unit clerk.
2.2 Licensure, Certifications and Registration of Personnel. All
personnel proviaed or made available by CMS to render services hereunder
will be licensed, certified or registered, as appropriate, in their respective
areas of expertise pursuant to applicable Virginia law.
2.3 City Satistaction with Health Cgre Personnel. CKS will
provide quality health care personnel. If, however, City should become
dissatisfied with any health care personnel provided by CMS hereunder,
C14S, in recognition of the sensitive nature of correctional services,
will, following receipt of written notice from City of its dissatisfaction
and the reasons therefore, exercise its best efforts to resolve the problem
and, if the problem cannot be resolved, remove the individual about whom City
has expressed its dissatisfaction. CMS will be allowed a reasonable time
prior to removal to find an acceptable replacement.
2.4 Use of Inmates in the Provision of Health Care Services.
Inmates will not be employed or otherwise engaged by either CMS or City
in the rendering of any health care services.
2.5 Subcontractinp and Delepation. In order to discharge
its obligations hereunder, CMS will engage certain health care professionals
rather than as employees, and City expressly
as independent contractors
consents to such subcontracting or assignment. As the relationship between
CMS and these health care professionals will be that of independent contractor,
CMS will not be considered or deemed to be engaged in the practice of
medicine or other professions practiced by these professionals, and CMS
will not exercise control over the manner or means by which these independent
contractors perform their professional duties.
2.6 'Discrimination. CMS will recruit, select, train, promote,
transfer and release its personnel, as contemplated hereunder, without
regard to race, color, religion, national origin, handicap, Vietnam-veteran
status, age or sex (except where age, sex or handicap is a bona fide occupa-
tional qualification). Further, CMS will administer its other personnel
policies such as compensation, benefits, layoffs, return from layoff,
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company-sponsored training, education, and tuition assistance without
regard to race, color, religion, national origin, handicap, Vietnam-era
status, age or sex.
2.7 Preference to City Personnel. In selecting its staff
for the provision of services hereunder, CMS will begin operations with
the health care personnel currently engaged by City and working at the
City. These are intended to be permanent positions, any lay-of f or termination
must be for cause and approved in writing by City.
2.8 Restrictive Covenant. Recognizing among other things
the unique services provided by the employees, subcontractors and agents
of CHS during the term of this Agreement, City will not, directly or indi-
rectly, solicit, engage or permit to be engaged as medical staff at the
Center said employees, subcontractor or agents of CMS during the term
of this Agreement (including any renewals thereof) and for a period of
one (1) year thereafter without the prior written consent of CMS; provided,
however,that this limitation shall not apply to persons who were employees
of City immediately prior to the commencement of CMS' services hereunder.
ARTICLE III: ACCREDITATION.
CMS' services hereunder will be designed to meet the standards
developed by the Amercian Medical Association for Health Services in Jails
and CMS will cooperate fully with City in any efforts by City to see@
and obtain formal AMA certification or accreditation of the Center's health
care program.
ARTICLE IV: EDUCATION AND TRAINING.
4;1 Staff Health Education. CMS will conduct an ongoing health
education program for staff at the Center toward the objective of raising
the level of health care. This health care education program will include,
but not be limited to, programs in first-aid, signs and symptoms of chemical
dependency, and reactions to medical emergencies. Such training shall
be conducted a minimum of six (6) times per year, or more often if indicated
by medical necessity.
4.2 Inmate Health Education. CMS will conduct an ongoing
health education for inmates at the Center at times as requested by the
City and as indicated by medical necessity.
4.3 Stress Manapement Program. CMS will also develop and
implement a stress management program for selected Center staff focused
specifically on the correctional environment.
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4.4 Cardio-Pulmonary Resuscitation (CPR). CMS will provide
basic training in cardio-pulmonary resuscitation to all medical and selected
correctional officers who work at the Center, as needed to maintain CPR
certification and consistent with AMA standards for Health Services in
Jails.
4.4 Educations Materials. As part of CMS' ongoing correctional
health education program, CKS will make available to all staff at the
Center, a wide variety of topical video cassettes, audio cassettes, video
cassette recorder and monitor, and health care library references.
4.5 Compensation to Center Staff. Center staff will attend
and utilize CMS education and training programs and resources as described
in this Article IV as City may direct, and in no event will OiS be responsible
for any compensation due or claimed by Center staff for time spent in
participating in these education and training programs and resources beyond
the normal work hours.
ARTICLE V: REPORTS AND RECORDS.
5.1 Medical Records. CKS will cause to be maintained a medical
record for each inmate who has received health care services. This medical
record will be maintained pursuant to applicable law and will be kept
separate from the inmate's confinement record. A complete copy of the
applicable medical record will be available to accompany any inmate who
is transferred from the Center to another location for off-site services.
Medical records will be kept confidential, and CHS will follow the City's
policy with regard to access by inmates and Center staff to medical records,
subject to applicable law regarding confidentiality of such records. No
information contained in the medical records will be released by CMS except
as provided by City's policy, by a court order, or otherwise in aqcordance
with applicable law. However, a complete copy of each medical record
will be provided to City at the end of the contract term.
5.2 'Regular Reports by CMS to City. CMS will provide monthly,
quarterly, and annual reports to City containing an analysis of health
care services rendered hereunder as outlined in the CKS proposal dated
January 8, 1985.
5.3 'Inmate Health lnsurance. GMS may seek and obtain from
an inmate information concerning any health insurance the inmate might
have that would cover services rendered by CMS hereunder, and City will
cooperate fully with CMS in its efforts to secure this information. CMS
may seek reimbursement from any applicable third party payors for services
rendered to inmates.
Receipts of such third party payor proceeds by the Sheriff
will result in two-thirds being retained by the City and one-third being
added to the monthly billing made to the City by CMS. Payments received
from third party payors by CMS shall be delivered to Sheriff.
5.4 Inmate Information. In order to assist CMS in providing
the best possible health care services to inmates, City will provide CMS
with information pertaining to inmates that CMS identifies as reasonable
and necessary for CMS adequately to perform its obligations hereunder,
but not in violation of any applicable law.
5.5 CHS Records Available to City with Limitations on Disclosure.
CMS will make available to City . at Ct7s request, all records, documents
and other papers relating to the direct delivery of health care services
to inmates hereunder; provided, however, that City understands that the
systems, methods, procedures, vritten materials and other controls employed
by CMS in the performance of its obligations hereunder are proprietary
in nature and will remain the property of CMS and may not, at any time,
be used, distributed, copied or otherwise utilized by City, except in
connection with the delivery of health care services hereunder, unless
such disclosure is approved in advance in writing by CMS. However, all
inmate records are the property of City and part of the permanent records
of the Center.
5.6 City Records Available to CMS with Limitations on Disclosure.
During the term of this Agreement and for a reasonable time thereafter,
City will provide CKS, at CMS' request, City's records relating to the
provision of health care services to inmates as may be requested by CMS
or as are pertinent to the investigation or defense of any claim related
to CMS' conduct. City will make available to CKS such records as are
maintained by City, hospitals, and other outside health care providers
involved in the care or treatment of inmates (to the extent City has any
claim to those records) as CMS may reasonably request consistent with
applicable law; provided, however, that any such information released
by City to CMS that City considers confidential will be kept confidential
by CMS and will not, except as may be required by law, be distributed
to any third party without prior written approval by City.
ARTICLE VI: SECURITY.
6.1 General. OIS and City understand that adequate security
services are necessary for the safety of the agents, employees and subcon-
tractors of CMS as well as for the security of inmates and Center staff.
City will provided reasonable security services.
6.2 Transportation Off-Site. City will provide security as
necessary and appropriate in connection with the transportation of any
inmate between the Center and any other location for off-site services
as contemplated herein.
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ARTICLE VII: OFFICE SPACE, EQUIPMENT, INVTNTORY AND SUPPLIES.
7. 1 General. City will provide CMS with of f ice space, f acilities,
equipment, utilities (including telephone), and initial inventory and
supplies.
7.2 Delivery of Possession. City will deliver to. CMS on the
date of commencement of this Agreement possession and control of all medical
and office equipment and supplies then in place at the Center's health
care facilities. City will provide CMS with a written inventory of all
medical equipment, consumable medical supplies, pharmaceuticals and other
supplies then on hand at the Center for the delivery of health care services
on or before the'commencement date of this Agreement. However, all equipment
remains the property of City.
7.3 Equipment and Supplies. CKS warrants that at the time
this Agreement terminates, CMS will provide City with a written inventory
of all medical equipment, consumable medical supplies, pharmaceuticals
and other supplies on hand at the Center for delivery to the City. Such
inventory shall match or be equal to the inventory provided by the City
in 7.2 above.
7.4 Maintenance of Equipment. C14S will provide initial basic
dental operatory equipment. City will maintain all other equipment in
working order during the term of this Agreement. Upon the termination
of this Agreement, CMS will convey to City for $1.00 all equipment and
fixtures purchased and placed at the Center by CMS during the term of
this Agreement.
7.5 General Maintenance Services. City will provide for each
inmate receiving health care services no less than the full range of services
and facilities provided by City for other inmates at the Center including,
but not limited to, daily housekeeping services, dietary services, building
maintenance services, personal hygiene supplies and services, and linen
supplies.
ARTICLE VIII: TERM AND TERMINATION OF AGREEMENT.
8.1 Contract Term. This Agreement will be ef f ective as of
12:01 a.m., July 1, 1985, for an initial term of three (3) years therefrom.
Unless either party delivers written notice of renewal to the other party
at least 90 days prior to the expiration of the then-existing term, this
Agreement will terminate upon the expiration of the then-existing term.
8.2 Termination. This Agreement may be sooner terminated
on the first to occur of the following:
a. Termination by Agreement. In the event City and
CMS mutually agree in writing, this Agreement may
be terminated on terms and date stipulated therein.
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b Termination for Default. In the event either party
shall give notice to the other that such other party
has materially defaulted in the performance of any
of its obligations hereund6r and such default shall
not have been cured within thirty (30) days following
the giving of such notice, the party given notice
shall have the right immediately to terminate this
Agreement.
C. Termination by CMS for Special Situations. CMS may
terminate this Agreement immediately upon the occurrence
of any of the following:
(1) failure of th e governing body of the City of
Virginia Beach to authorize or appropriate funds
sufficient for City to meet its obligations
hereunder;
(2) disavowal or repudiation of this contract by
any authorized agent of City;
(3) insolvency, bankruptcy, or receivership of City.
8.3 Changes in the Law. If any statute, rule or regulation
is passed or any order issued materially increasing the cost to CKS of
providing health care services hereunder, CMS and City will agree on additional
compensation to be paid by City to CHS as a result of such changes; provided
however, that if the parties are unable to agree on appropriate additionai
compensation, the contract shall be terminated without additional compensation
payable to CMS.
8.4 Responsibility for Inmate Health Care. Upon termination
of this Agreement, total responsibility for providing health care services
to all inmates, including inmates receiving health care services at facilities
off-site, will be transferred from CMS to City. However, if funds are
available, CMS will continue providing services at the then currently
monthly rate at Center for a reasonable period after termination to allow
City time to make the transition for alternate arrangements for medical
services. Such period shall be mutually agreed to by CMS and City.
8.5 Arbitration. Any controversy or claim arising out of
or relating to this Agreement or the alleged breach thereof, that cannot
be resolved short of litigation will be submitted to arbitration, only
if both parties agree, and any judgement or award or decision rendered
thereby may be entered in any court having competent jurisdiction. At
the written request of either party, the arbitration shall be governed
by the Commercial Rules of the American Arbitration Association. The
final decision by the arbitrator or arbitrators is binding upon both City
and CMS.
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ARTICLE IX: COMPENSATION.
9.1 Base Compensation. City will pay CMS the sum of $264,229.00
for the first year of this Agreement, payable in equal monthly installments
of $22,019.08. CMS will bill City ten (10) days before the first day
of the month for which services will be rendered, and City agrees to pay
CMS on ot bef'ore the fifth day of the month for which services will be
rendered. In the event this Agreement should terminate on a date other
than the end of a calendar month, compensation to CMS will be prorated
accordingly for the shortened month.
9.2 Salaries. The compensation City pays to CMS stated in
9.1 above includes salaries of $113,618. Such salaries are auditable
by City at least annually.
9.3 CPI Escalator. Compensation to CMS for succeeding years
(after the first year of the Agreement) will increase to a sum determined
by multiplying the previous year's compensation by the annual change in
the Consumer Price Index for the Health Services Medical/Care Component
of the U. S. City Consumer Price Index for all Urban Consumers (CPI) published
by the United States Department of Labor during the previous twelve (12).
months. As this annual change is not currently known, the payment schedule
for each succeeding year will be calculated when the change in the CPI
is published for the year ending March 31 of the then-current calendar
year. However, in no event shall the contract increase be greater than
nine percent in any one year unless the average daily inmate population
exceeds 250.
9.4 Compensation Increases to City Employees. CKS understands
that City is contemplating an across-the-board compensation increase to
City employees on or about July 1, 1985. If any compensation increase
is awarded, CMS' compensation hereunder will be increased by 50% of the
same ratio.
9.5 Increases in Inmate Population. This Agreement contemplates
that the average daily inmate resident population of the Center is approxi-
mately 220, and CMS is relying on that figure not substanially deviating
during the term of this Agreement. If the daily inmate resident population
should average in any calendar month during the term of this Agreement
250 or more, then conpensation payable to CMS by City hereunder shall
be increased by a per them rate of $1.05 for each inmate over 220. If
the daily inmate resident population should average in any calendar month
during the term of this Agreement 190 or less, then compensation payable
to CMS by City hereunder shall be decreased by a per them rate of $1.05
for each inmate under 190.
9.6 In addition to adjustments to the base compensation as
referred to in 9.3 and 9.4, the City will be entitled to a credit of the
proposed salary of any position that is unfilled for more than 30 days.
The credit shall be the equivalent of the salary CHS saved by virtue of
the position being vacant after 30 days.
ARTICLE X: LIABILITY AND RISK MANAGEMENT.
10.1 Insurance. At all times during the term of this Agreement,
CKS will maintain professional liability insurance covering CKS, all of
its employees, it officers, and agents with limits not less than $6 million
per occurence and $12 million in the aggregate annually. Such coverage
will also extend to physicians, dentists, psychiatrists and nurses engaged
by CMS on an independent contractor basis for the provision of health
care services hereunder.
10.2 Indemnity.
a. CMS hereby indemnifies, defends and holds City harmless
from and against any claims against City based on
CMSI performance of its obligations hereunder and
hereby agrees to reimburse City, including all attorneys'
fees, for all costs to defend City arising out of
CMS negligence or nonperformance of its obligation
under this Agreement; provided, however, that CKS
will not be responsible for any claim. arising ou.t
of:
(1) City or its employee or agent proventing an
inmate from receiving medical care ordered by
CHS or its agent or contractor;
(2) failure of City's employee or agent to exercise
good judgement in promptly presenting an ill
or injured inmate to CMS for treatment; or
(3) prisoner allegations of civil rights violations
under 42 U. S. C. Section 1983.
b. City hereby indemnifies, defends and holds CHS harmless
from and against any claims against CMS arising out
of the negligent performance by City, its employees,
agents, officers, or contractors in connection with
City's obligations hereunder or other conduct.
ARTICLE XI: KISCELLANEOUS.
11.1 In ontractor Status. City expressly acknowledges
P:;::nt
that CKS is an ,!:d denct contractor," and nothing in this Agreement
is intended nor shall be construed to create an agency relationship, an
employer/employee relationship, a joint venture relationship, or any other
relationship allowing City to exercise control or direction over the manner
or method by which CMS or its subcontractors perform hereunder.
11.2 Assignment. This Agreement may -be assigned by CMS to
another wholly-owned subsidiary corporation of ARA Services, Inc. CKS
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shall nbt assign this Agreement to any other corporation without the express
written consent of the City. City and CHS each binds itself, its successors,
assigns, and legal representatives of such other party in respect to all
covenants, agreements and obligations contained herein.
11.3 Notice. All notices or other communications required
or permitted to be given under this Agreement shall be in writing and
shall be deemed to have been duly given if delivered personally in hand
or mailed certified mail, return receipt requested, postage prepaid on
the date posted, and addressed to the appropriate party at the following
address or such other address as may be given in writing to the parties:
a. City: With a copy to:
City Manager Sheriff
Virginia Beach, Virginia Correction Center
Room 234 Municipal Center
City Hall Building Virginia Beach, Virginia 23456
Municipal Center
Virginia Beach, Virginia 23456
b. CMS: With a copy to:
Correctional Medical Systems Officeof thegeneral Counsel
999 Executive Parkway ARA Health/Care, Inc.
St Louis, Missouri 63141 15415 Katy Freeway, Suite 800
Attention: Walter J. Schriver Houston, Texas 77094
Attention: James W. Rice
11.4 Governing Law. This Agreement and the rights and obligations
of the parties hereto shall be governed by, and construed according to,
the laws of the Commonwealth of Virginia.
11.5 Entire Apreement. This Agreement constitutes the entire
agreement of the parties and is intended as a complete and exclusive statement
of the promises, representations, negotiations, discussions and agreements
that have been made in connection with the subject matter hereof. No
modification or amendment to this Agreement shall be binding upon the
parties unless the same is in writing and signed by the respective parties
hereto.
11.6 Waiver of Breach. The waiver by either party of a breach
or violation of any provision of this Agreement shall not operate as
or be construed to be, a waiver of any subsequent breach of the same or
other provision hereof.
11.7 Force Majeure. CMS shall not be deemed in violation of
this Agreement if it is prevented from performing any of its obligations
hereunder for any reason beyond its control, including, without limitation
strikes, inmate disturbances, acts of God, civil or military authority,
acts of public enemy, war, accidents, fires, explosions, earthquakes
floods, failure of transportation, or any similar cause beyond the reasonable
control of either party.
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11.9 Severability. In the evefit any provision of this Agreement
is held to be unenforceable for any reason, the unenforceability thereof
shall not affect the remainder of the Agreement which shall remain in
full force and effect and enforceable in accordance with its terms.
11.10 Opinion of Counsel. This Agreement is contingent upon
issuance of a legal opinion by counsel for City substantially in form
and content as set forth below.
IN WITNESS WHEREOF, the parties have set their hands and seals
hereto as of the day and year first above written.
CITY OF VIRGINIA BEACH
Attest: By:
City Manager
Attest: By:
Sheriff, Supervisor
of the Correction Center
CORRECrIONAL MEDICAL SYSTEMS, INC.
Attest: By:
Walter J. Schriver, President
OPINION OF COUNSEL
I am legal counsel to the City of Virginia Beach, and I have reviewed this
Agreement. After due diligence I have concluded that the City of Virginia Beach is
lawfully empowered to enter into this Agreement, that the signature of the City Manager
appearing hereon is sufficient under applicable law to bind the City of Virginia Beach to
the terms and conditions hereof, and that there are no additional approvals, reviews, or
procedures required to be obtained or fonowed in order to bind the City to the terms and
conditioris hereof.
By: City Attorney, City of
Virginia Beach
Date:
COMMONWEALTH OF VIRGINIA
COUNTY
1, the undersigned, a Notary Public in and for said county and said state hereby
certify that whose name as City
Attorney of the City of Virginia Beach is signed to the foregoin-g instrument and who is
known to me, acknowledged before me on this day that, being informed of the contents of
said instrument, he, as such officer and with fuR authority, executed the same voluntarily
for and as the act of said City Attorney for the City of Virginia Beach.
GIVEN under my hand and seal, this _ day of 1985.
SEAL
Notary Public
My Commission Expires
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COMMONWEALTH OF VIRGINIA
COUNTY
1, the undersigned, a Notary Public in and for said county and said state hereby
certify that whose name as City Manager
of the City of Virginia Beach, is signed he foregoing instrument and who is known to
me, acknowledged before me on this day that, being informed of the contents of said
instrument, he, as such officer and with full authority, executed the same voluntarily for
and as the act of said City of Virginia Beach.
GIVEN under my hand and seal, this day of 1985.
SEAL
Notary Public
My Commission Expires
STATE OF MISSOURI
ST LOUIS COUNTY
1, the undersigned, a Notary Public in and for said county and said state hereby
certify that , whose name as President of
CORRECTIO14AL MEDI AL SYSTEMS, INC., a Missouri corporation, is signed to the
foregoing Instrument and who is known to me, acknowledged before me on this day that,
being informed of the contents of said instrument, he, as such officer and with full
authority, executed the same voluntarily for and as the act of said corporation.
GIVEN under my hand and seal, this day of 1985.
SEAL
Notary Public
My Commission Expires
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- 46 -
Item II-K.14
CONSENT AGENDA ITEM # 23796
Upon motion by Councilman Fentress, seconded by Councilwoman Creech, City
Council ADOPTED an Ordinance to transfer $152,000 within the SOCIAL SERVICES
DEPARTMENT'S APPROPRIATIONS to cover iiicreased costs of FOSTER CARE AND OTHER
PURCHASED SERVICES.
Voting: 11-0
Couiicil Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Feiitress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jennings, Jr., Louis R.
Jones, Robert C. Jones, Vice Mayor Reba S. McClanan, J. Henry
McCoy, Jr., D.D.S., aad Meyera E. Oberiidorf.
Council Members Voting Nay:
Noiie
Council Members Absent:
None
Juiie 17, 1985
46a
z
p- iy
z 0
0
u -
0 z z
z
L9 <
> AN ORDINANCE TO TRANSFER $152,000
0
w WITHIN THE SOCIAL SERVICES DEPARTMENT'S
APPROPRIATONS TO COVER INCREASED COSTS OF
FOSTER CARE AND OTHER PURCHASED SERVICES
WHEREAS, the Department of Social Services is required by the State
Code to place certain foster children in residefitial treatment facilities, and
WHEREAS, the average number of foster children requiring such place-
ment has increased by 48% from fiscal year 1983-1984 to fiscal year 1984-1985,
and
WHEREAS, this increase in placements requires $152,000 in additional
funding for foster care and other purchased services costs, and
WHEREAS, the Department of Social Services has surplus funds in its
Personal Services appropriations which can be utilized for this additional
funding.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, that $152,000 by transferred from surplus funds in Personal
Services to cover the increased costs of foster care and other purchased ser-
vices.
This ordinance shall be in effect from the date of its adoption.
Adopted by the Council of the City of Virginia Beach, Virginia
on the 17 day of 1985.
June 17, 1985
KAR/2 ORD13
- 47 -
Item II-K.15
CONSENT AGENDA ITEM-I@ 23797
Upon motion by Couiicilmaii Fentress, seconded by Councilwoman Creech, City
Couiicil ADOPTED aii Ordiiiaiice appoiiitiiig Viewers in the petition of THE
ATLANTIC DEVELOPMENT ASSOCIATES for the closure of a portion of Chiilquapill
Trail (Lytinhaven Borough).
The Viewers are:
C. Oral Lambert, Jr. Director of Public Works
Robert J. Scott Director of Planning
David M. Grochmal Director of General Services
Votiiig: 11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jeiinings, Jr., Louis R.
Joiies, Robert G. Joiies, Vice Mayor Reba S. McClaliati, J. Henry
McCoy, Jr., D.D.S., and Meyera E. Oberndorf.
Couiicil Members Votiiig Nay:
None
Council Members Absent:
None
Juiie 17, 1985
47a -
ORDINANCE APPOINTING VIEWERS
WHEREAS, ATLANTIC DEVELOPMENT ASSOCIATES has given
due and proper notice in accord with law that it would, on
the 17th day of June , 1985, apply to the City
Council of the City of Virginia Beach, Virginia, for the
appointment of viewers to view the below-described portion
of Chinquapin Trail, in Lynnhaven Borough, in the City of
Virginia Beach, Virginia, and to report in writing to this
Council whether, in the opinion of said viewers any, and if
any, what inconvenience would result from the discontin-
uance, closure and abandonment of said portion of Chinquapin
Trail; and
WHEREAS, such application has been properly filed
with this Council; and
WHEREAS, all requirements of law have been met;
NOW, THEREFORE, be it ORDAINED by the Council of
the city of Virginia Beach, Virginia, that C. Oral Lambert, Jr,
Robert J. Scott and David G. Grochmal be
and each of them is hereby appointed to view that certain
portion of Chinquapin Trail as shown on plat entitled "Plat
of Closure of a Portion of Chinquapin Trail", for Dare
Associates, Lynnhaven Borough, Virginia Beach, Virginia,
made by Langley and McDonald, dated April 2, 1985, which
plat is attached to the ordinance of vacation to be recorded
in the Clerk's Office of the Circuit Court of the City of
GROVER C. WRIGIIT, JR.
-W. @.C.
Juiie 17, 1985
47b -
Virginia Beach, Virginia, and said viewers shall report in
writing to this Council on or before
1985, at 2:00 p.m., whether in their opinion any, and if
any, what inconvenience would result to the public from the
discontinuance, vacation and abandonment of said portion of
Chinquapin Trail.
ADOPTED: June 17, 1985
June 17, 1985
- 47c -
May 10, 1985
CERTIFICATE OF VESTING OF TITLE
I, Grover C. Wright, Jr., attorney for Atlantic
Development Associates, do hereby certify that:
1. I am an attorney at law and represent Atlantic
Development Associates, the petitioner.
2. If the property described below is dis-
continued, closed and vacated by the Council of the City of
Virginia Beach, virginia, then title to said property will
vest in Atlantic Development Associates.
The said property referred to herein is hereby
described as follows:
All that certain piece or parcel of land
situate, lying and being in the City of
Virginia Beach, State of virginia, being
that part of Chinquapin Trail marked by
diagonal lines and designated "Area of
Street Closure = 6,564 Sq. Ft. or 0.15 Ac."
as shown on plat entitled "Plat of Closure
of a Portion of Chinquapin Trail for Dare
Associates, Lynnhaven Borough, Virginia Beach,
Virginia", made by Langley and McDonald, dated
April 2, 1985, which plat is attached to the
ordinance of vacation from the City of
Virginia Beach, Virginia, to Atlantic Develop-
ment Associates and is to be recorded therewith
in the Clerk's Office of the Circuit Court of
the City of Virg irginia.
Wr Jr).
Jurie 17, 1985
- 48 -
Item II-K.16
CONSENT AGENDA ITEM # 23798
Upon motioii by Councilman Feiitress, seconded by Councilwoman Creech, City
Council ADOPTED aii Ordiiiance Authorizing Tax Refunds in the amouiit of
$1,689.86 upoii application of certain persoiis aiid upoii certificatioii
of the City Treasurer for Paymetit.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Fentress, Mayor Harold
Heischober, Barbara M. Henley, H. Jack Jeiiiiiligs, Jr., Louis R.
Jones, Robert G. Jones, Vice Mayor Reba S. McClanan, J. Henry
McCoy, Jr., D.D.S., and Meyera E. Oberndorf.
Couiicil Members Votiilg Nay:
Noiie
CounQil Members Absent:
None
June 17, 1985
RM NO. C.A. 7 - 48a - 5/23/85 Emc
AN ORDINANCE AUTHORIZING TAX REFUNDS
UPON APPLICATION OF CERTAIN PERSONS
AND UPON CERTIFICATION OF THE TREASURER
FOR PAYMENT
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applicat.ions for tax refunds upon certification of the Treasurer are hereby approved:
NAME Tax Type Ticket Exonera- Date Penalty lnt. Total
Year of Tax Number tion No. p ai d
alph C Amos 84 pp 3146-7 10/5/84 302.02
alph C Amos 84 pp 3147-6 9/18/84 254.60
tephen A Panico 84 pp 195165-6 12/5/84 105.78
eorge L Baier Sr 82 pp 142759-2 12/5/82 120.24
eorge L Baier Sr 83 pp 161496-9 12/2/83 132.00
eorge L Baier Sr 84 pp 6679-5 6/4/85 130.40
obert Rychlicki 84 pp 132283-7 6/5/84 41.10
harles L Turner 84 pp 202838-7 11/9/84 19.20
ohn E Creekmore 84 pp 34183-6 6/5/84 113.28
orothy Williams Manning 83 pp 187095-9 3/7/84 139.34
obert D Neaves 81 pp 87676 11/15/84 29.43
ichael L Madden 84 pp 191175-3 11/27/84 80.00
erry D Long 84 pp 190800-8 11/9/84 155.34
ddie L & Cynthia Maxwell 85 RE(1/2) 6460-8 1/9/85 67.13
Total 1,689.86
A-
r
F LA Vl
This ordinance shall be effective from date of adoption.
The above abatement(s) totaling Certif@;4 as to paympnt;
-- -$ 1-6 - were approved by
ihe Council of the City of Virginia
Beach on the 17 day of
John@)t. Atki@so6, Treasurer
Approved as to r
Ruth Hodges Smith
City Clerk @ /@ @, "A
I h,[.. 'EZ (A
MSO I Cit@
- 49 -
Item II-K.17
CONSENT AGENDA ITEM # 23799
UPon motion by Councilman Fentress, seconded by Councilwomaii Creech, City
Council ADOPTED an Ordinatice authorizing License Refunds iii the amount of
$670.83 upon application of certain persons aiid upon certification of the
Commissioner of the Reveiiue.
Votiiig: 11-0
Council Members Voting Aye:
John A. Baum, Nancy A. Creech, Robert E. Felitress, Mayor Harold
Heischober, Barbara M. Heiiley, H. Jack Jennings, Jr., Louis R.
Jones, Robert G. Jones, Vice Mayor Reba S. MQclanaii, J. Henry
McCoy, Jr., D.D.S., and Meyera E. Oberndorf.
Council Members Voting Nay:
None
Council Members Abseiit:
None
June 17, 1985
FORM NO. C.A. 6
49a -
AN ORDINANCE AUTHORIZING LICENSE REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONEFI
OF THE REVENUE
BE IT ORDAINEE) BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for license refunds, upon certification of the Commissioner of the
Revenue are hereby approved:
NAME L icense Date Base Penalty lnt. Total
Year Paid
Bama Ltd.
T/A The Veggie Place
4604 Casper Court
Va- Beach, VA 23462 1983/84 Audit 196.93. 196.93
Convenient Care Physicians, PC
7546 Forest Hill Ave.
Richmond, VA 23225 1983/84 Audit 458.27. 45P.27
Detloff, Julia M. & Richard M.
T/A Postal Data Service
3789 Ridgeview Ct.
Va. Beach, VA 23452 1983/84 Audit 15.63- 15.63
Certified as to Payment:
Commissioner of Revenue
Approved as to fo
Date B, ..n
This ordinance shall be effective from date of Cty Attorey
adoption.
The above abatement(s) totaling $670 . 83 were approved by the Council
of the City of Virginia Beach on the 17 day of June 19_85
Ruth Hodges Smith
City Clerk
June 17, 1985
- 50 -
item Ii-L.I.2.3.4.5.
APPOINTMENTS ITEM # 23800
BY CONSENSUS, City Couticil RESCHEDULED APPOINTMENTS for the following:
LOCAL GOVERNMENT STUDY COMMISSION
SOCIAL SERVICES BOARD
SOUIHEASTERN VIRGINIA PLANNING DLSTRICT COMMISSION
STARA (PRIVATE INDUSTRY COUNCIL)
TIDEWATER REGIONAL GROUP HOME COMMISSION
June 17, 1985
- 51 -
Item II-M.1
UNFINISHED BUSINESS ITEM # 23801
BY CONSENSUS, City Council DEFERRED INDEFINITELY the decision for an alternative
concerning REIMBURSEMENT OF LEGAL FEES for POLICE OFFICERS.
Council will continue with their present policy to review each request for
reimbursement upon its owti merits.
June 17, 1985
- 52 -
Item II-N. 1
NEW BUSINESS ITEM # 23802
ADD-ON
Couiicilman Baum referenced article in the VIRGINIAN-PILOT/THE LEDGER STAR
entitled: "Land Was Condemned to Aid R. G. Moore Project". This article
appeared, Saturday, May 25, 1985.
June 17, 1985
- 53 -
Item II-0.
ADJOURNMENT ITEM # 23803
Upon motioti by Vice Mayor McClaiiaii, alid BY ACCLAMATION, City Couiicil ADJOURNED
the meeti@@g at 6:28 p.m.
Chief Deputy City Clerk
R H. Smit CM, Mayor Harold Hei@
City Clerk
City of Virgiiiia Beach
Virgiiiia
/bh
Juiie 17, 1985