JUNE 25, 1984 MINUTES
@it@ C)-f -Vir-"i@i@
"VYORLD'S LARGEST RESORT CITY"
CITY COUNCIL
MAYOR LOUIS R. ]ONES. B.y,id@ li@,..gh
VICE-MAYOR BARBARA M. IIENLEY, P..g@ B.,..gb
JOII,N A. BALIM,
NANCY A. CREECII, A, L.,g,
IIAROLD IIEISCIIOBER, At L.,g@
H. JACK JEN,'4iN(;S, JR., B.-.gh
ROBERT G. ]ONES A, L.,g,
W. Ii. KITCil[N. lit. Vig,@,. 13 ... b
REBA S. M, CLANAN, /l,,., @,, A@@@ B.,..gb
1. IIENRY 41,COY, JR., B.,..gb 212 CITY HALL RF]ILDIVG
MEYERA E. OIJERNDORF, Al L..,g, Mli,@ICIPAL CENTER
VIRGINIA BEACii, VIR(;INIA 23456
R(ITti IIOD(@ES SMiTil. CMC. City (.1.,k f804) 427-4303
CITY COUNCIL AGENDA
June 25, 1984
ITEM 1. INFORMAL SESSION: 5:00 p.m.
A. CALL TO ORDER Mayor Louis R. Jones
B. ROLL CALL OF COUNCIL
C. MOTION TO RECESS INTO INFORMAL/EXECUTIVE SESSION
D. DISCUSSION OF PERTINENT HATTERS
1. Matters for discu
2. Matters for discussion by Council.
E. CITY MANAGER'S ADMINISTRATIVE ITEMS
1 . Presentation of Final Report on Back Bay Watershed
ginagement Plan: Messrs. Roy Mann and Carl Noyes.
2. Agreement with SPSA Regarding Ash Contract an
in Regional Disposal Project: Discussion.
3. Review of Consent Agenda
ITEM II. FORMAL SESSION: 7:00 p.m-
A. INVOCATION: Commander Roger N. Whiteway
First Reader
First Church Christ Scientist
B. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
C. ELECTRONIC ROLL CALL OF COUNCIL
D. MINUTES OF PREVIOUS MEETING
1. Motion to accept/approve the Minutes of June 18, 1984.
E. PRESENTATION
1. Resolution in Recognition - Lilly D. Chen--Kempsville High
School
F. RESOLUTION
1. Resolution supporting conclusions of the Army Corps of
Engineers draft Water Supply Study for Hampton Roads.
G. CONSENT AGENDA
All matters listed under the Consent Agenda are considered in
the ordinary course of business by City Council and will be
enacted by one motion in the form listed. There will be no
separate discussion of these items. If discussion is desired,
that item will be removed from the Consent Agenda and considered
separately.
1. Resolution in Recognition to Lilly D. Chen, Kempsville High
School.
2. Ordinance to amend and reordain Sections 21-336, 21-338 and
21-341 of the Code of the City of Virginia Beach, Virginia,
pertaining to driving under the influence of alcohol or
drug.
3. Ordinance, on FIRST READING, to accept funds totaling
$59,305 from the Virginia Housing Development Authority and
to appropriate these funds for the Section 8 Existing
Housing Program and Moderate Rehabilitation Program.
4. Ordinance authorizing the Executor of the Estate of Jesse W.
Drew to transfer assets to the Virginia Beach Public Library
Endowment Foundation.
(This Ordinance was deferred on December 19, 1983.)
5. Ordinance authorizing the 14ayor to execute an employment
contract for the City Manager and to transfer $165,195 in
Fiscal 1984 from excess General Fund salary appropriations
in the department budgets to the City Manager's budget.
6. Ordinance transferring funds of $18,125 from the General
Fund Reserve for Contingencies for an Executive Assessuent
Program and authorizing the City Manager to execute the
agreement.
7. Ordinance to transfer funds of $2,144,469 to the Health
Insurance Trust Fund.
8. Ordinance to transfer Capital Project Funds of $100,000 for
site acquisition near Rudee Bridge.
9. Ordinance to transfer Capital Project Funds of $74,348 to
Project #2-016 Westerfield Road and Duastan Lane.
10. Financing proposal of Southern National Leasing for
lease/puchase of micro computer systems for various
departments totaling $112,598; AND, authorize the City
Manager to enter into the necessary agreements for the
lease/purchase of this equipment.
11. Bingo/Raffle permits:
Bingo/Raffle Little Neck Swim and Racquet Club, Inc.
Raffle Auxiliary to Va- Beach General Hospital
12. Request of the City Treasurer for tax refunds in the amount
of $1,580.42.
H. PLANNING
1. Ordinance closing, vacating and discontinuing a portion of
Pennsylvania Avenue in the petition of Bruce B. Mills
(Kempsville Borough).
a. Letter from the City Manager transmits the
recommendation of the Planning Commission
for approval, as conditioned.
2. Application of Bayside Repair Service, Inc., T/A Bayside
Lawn Equipment for a conditional use permit for small engine
repair on a 14,810-square foot parcel located at the
intersection of Bradford Road and Shell Road (4583 Shell
Road) (Bayside Borough).
a. Letter from the City Manager transmits the
recommendation of the Planning Commission
for approval.
3. Application of the Trustees of Sir Galahad Company for a
change of zoning from R-6 Residential District to 1-1 Light
Industrial District on an 80.6-acre parcel located along the
east side of Holland Road, north of Landstown Road (Princess
Anne Borough).
a. Letter from the City Manager transmits the
recommendation of the Planning Commission
for approval.
4. Application of R. G. Moore Building Corporation for a change
of zoning from AG-2 Agricultural District to B-2 Community-
@u iness District on a 10.1-acre parcel located along the
east side of Oceana Boulevard, south of Culver Lane
(Princess Anne Borough).
a. Letter from the City Manager transmits the
recommendation of the Planning Commission
for approval.
5. Application of Hickory Corporation for changes of zoning on
parcels located south of London Bridge Road, east of Pine
View Avenue (Princess Anne Borough):
From R-3 Residential District to R-5 Residential District on
a 10.87-acre parcel;
AND,
From AG-1 Agricultural District to R-5 Residential District
on a 2.64-acre parcel.
a. Letter from the City Manager transmits the
recommendation of the Planning Commission
for approval.
6. Application of MRRS Associates and/or Assigns for a change
of zoning from AG-1 Agricultural Duistriict to B-2 Community-
Business District on a four-acre parcel located west of
General Booth Boulevard and north of Dam Neck Road (Princess
Anne Borough).
a. Letter from the City 14anager transmits the
recommendation of the Planning Commission
for approval.
7. Application of John A. Brown for a change of zoning from R-5
Residential District to A-2 Apartment District on a 35,438--
square foot parcel located at the northwest corner of Old
Great Neck Road and Regan Avenue (Lynnhaven Borough).
a. Letter from the City Manager transmits the
recommendation of the Planning Commission
for denial.
APPOINTMENTS
1. Arts and Humanities Commission
2. Eastern Virginia Health Systems Agency
3. Eastern Virginia Medical Authority
4. Housing Board of Appeals
5. Social Services Board
6. Southeastern Tidewater Opportunity Project
7. Southeastern Virginia Planning District Commission
8. Volunteer Council
J. UNFINISHED BUSINESS
K. NEW BUSINESS
1. Drainage problems at Pelican Dunes
ADJOURNMENT
RECESS to RECONVENE at 12:00 Noon, Wednesday, June 27, 1984 for
the purpose of opening bids and awarding:
Sale of the $27,970,000 Public Improvement Bonds, Series 1984
Sale of the $10,180,000 Water and Sewer Bonds, Series 1984
(authorized by Council Ordinance June 11, 1984)
1. Motion to adjourn.
SPECIAL SESSIONS OF CITY COUNCIL
JULY 2, 1984
12:30 P.M. SPECIAL SESSION FOR COUNCIL
REORGANIZATION (ELECTION OF
MAYOR/VICE MAYOR)
2:00 P.M. REGNAR FORMAL SESSION
JULY 9, 1984
11:00 A.M. INFORMAL SESSION
12:30 P.M. FORMAL SESSION
(12:30 Session is the earlier time, set for the Formal
Session usually held at 2:00 p.m. for business matters of
the City's Governing Body)
iny 16, 1984 COUNCIL RECESS
JULY 23, 1984 COUNCIL RECESS
iny 30, 1984 FIFTH MONDAY
M I N U T E S
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
June 25, 1984
The Regular Meeting of the Council of the City of Virginia Beach, Virginia,
was called to order by Mayor Louis R. Jones in the Conference Room, City
Hall Building, on Monday, June 25, 1984, at 12:30 in the afternoon.
Council Members Present:
John A. Baum, Harold Heischober, Vice Mayor Barbara M. Henley,
H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones,
Reba S. McClanan, and Meyera E. Oberndorf
Council Members Absent:
Nancy A. Creechf W. H. Kitchin, IIII and J. Henry McCoy, Jr., D.D.ST
Note: Councilwoman Creech was out of the Country.
Councilman Kitchin was out of the City.
Councilman McCoy was in Richmond, illness in his family.
June 25, 1984
- 2 -
ITEt4 # 22097
Mayor Jones entertained a motion to permit Council to conduct its INFORMAL
SESSION to be followed by an EXECUTIVE SESSION pursuant to Section 2.1-344,
Code of Virginia, as amended, for the following purposes.
1. PERSONNEL MATTERS: Discussion or consideration of employment,
assignment, appointment, promotion, performance, demotion,
salaries, disciplining or resignation of public officers,
appointees or employees.
2. PUBLICLY HELD PROPERTY: Discussion or consideration of the con-
dition, acquisition or use of real property for public purpose,
6r of the disposition of publicly held property, or of plans for
the future of an institution which could affect the value of
property owned or desirable for ownership by such institution.
3. PERSONAL MATTERS: The protection of the privacy of individuals
in personal matters not related to public business.
4. LEGAL MATTERS: Consultation with legal counsel or briefings by
staff members, consultants or attorneys, pertaining to actual or
potential litigation, or other legal matters witbin the juris-
diction of the public body.
Upon motion by Councilman Baum, seconded by Vice Mayor Henley, City Council
voted to proceed into the EXECUTIVE SESSION following the INFORMAL SESSION.
Voting: 8-0
Council Members Voting Aye:
John A. Baum, Harold Heischober, Vice Mayor Barbara M. Henley,
H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones,
Reba S. McClanan, and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Nancy A. Creech, W. H. Kitchin, 111, and J. Henry McCoy, Jr., D.D.S.
June 25, 1984
- 3 -
M A T T E R S B Y V I C E M A Y 0 R
CITY OF VIRGINIA
BEACH POLICY
MANUAL ITEM # 22098
Vice Mayor Henley referenced scheduling of the City of Virginia Beach Policies
for an INFORMAL SESSION of the City Council so they might be reviewed and
updated.
RESOLUTION SUPPORTING
SENATE BILL NO. S-1578 ITEM # 22099
Councilman Jones advised Council of the meeting last week of the VIRGINIA
MUNICIPAL LF-AGUE on Wednesday, June 20, 1984, concerning Senate Bill No. S-1578
introduced by Senator Strom Thurmond. This Bill will exempt municipal corp-
orations in the exercise of their government regulatory powers from the Federal
anti-trust laws. It will also further exempt municipal corporations from
damages, interest, costs, and attorneys' fees from any law suit brought under
the Federal antitrust laws. Councilman Jones also advised Council of a meeting
last Friday, June 22, 1984, of the VML Legislative Committee attended by
City Attrorney J. Dale Bimson, Councilwoman Oberndorf, and himself. Council-
man Jones further referenced RESOLUTION by the Council of the City of Virginia
Beach requesting the Governor, the Attorney General, and Virginia's Congress-
ional Delegation to urge and support the passage of Senate Bill No. S-1578 by
the Congress of the United States (See ADD-ON Item II-F.2 of the Formal Agenda).
SKATEBOARD RAMPS ITEM # 22100
Councilman Jennings referenced Ruling by the Board of Zoning Appeals that in-
dividuals with SKATEBOARD RAMPS in their backyard, must remove same within
a thirty (30) day period. Councilman Jennings further referenced petition
he had received of 113 signatures from young men in the Little Neck area.
Copies of a SKATEBOARD RAMP design were distributed to City Council (Copy
of which is hereby made a part of the record). The City Manager will in-
vestigate the feasiblity of constructing SKATEBOARD RAMPS in a few of the
City owned Parks, where there would be adequate supervision.
THE VIRGINIA BEACH TASK
FORCE FOR YOUTHFUL SUBSTANCE
ABUSE COMMUNITY SURVEY ITEM # 22101
Councilwoman Oberndorf referenced request of Delores Delaney, Member of the
VIRGINIA BEACH TASK FORCE FOR YOUTHFUL SUBSTANCE ABUSE. She had requested
a Community Survey be completed by Members of City Council (Copy of said
Survey is bereby made a part of the record). This questionnaire has been
distributed to the general public in the Lynnhaven and Pembroke Malls. Council
was urged to leave the completed surveys with Captain Ernest F. Buzzy, in
whose office, the details will be compiled. This i.nformation will be used
to address the problem of youthful substance abuse in more effective ways.
June 25, 1984
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M A T T E R S B Y C I T Y M A N A G E R
BACK BAY WATERSHED
MANAGEMENT PLAN ITfn4 # 22102
Chief of Comprehensive Planning, Jack Whitney introduced Roy Mann of Roy Mann
and Associates and Carl Noyes of Jason Cortell and Associates who presented
the BACK BAY MANAGEMENT PLAN. Back Bay is the only estuary within the City
boundaries, therefore a resource of great and special value. The Comprehensive
Plan of 1982 included certain goals, objectives and policies. Because of
these goals, the City negotiated with Roy Mann and Associates to conduct a
study of Back Bay with possible ways in which the resource values might be
sustained and, in fact, better managed. Roy Mann Associates in turn retained
the firm of Jason Cortell and Associates as the Water Quality Consultant.
It is estimated tbat there will be a further rise in sea level of nine (9)
additional feet over the next century. This is an important factor to con-
sider with respect to Flood Plain delineation in the future.
Roy Mann further summarized the principal findings of the BACK BAY MANAGEMENT
PLAN as follows:
1. Back Bay and the watershed and other related lands are
of unique environmental, ecological, cultural, and
economic value to the City of Virginia Beach.
2. Managing wisely would maintain the diversity and abun-
dance of Back Bay wildlife, fisheries, floodplain, agri-
cultural uses and productivity, and rural characteristics
of the Back Bay watershed.
3. Alternate strategies for improving the City's means for
achieving this goal may be considered.
The three (3) STRATEGLES that could be considered for Urban Development
are as follows:
1. A Land Management Enhancement Strategy would constitute the
least degree of change in City tools.
2. A Land Management Enchancement Strategy would imply a moderate
degree of change.
3. A Protective Management Strategy would entail the greatest degree
of change in City tools.
Water Quality and Salinity Control would entail the following:
1. The Little Island Salt Water Pumping Station should be main-
tained at its present capacity.
2. Agricultural practices should be improved in several respects:
a. Cropland erosion should be minimized through proper crop
rotation and other measures.
b. Modified-till and no-till practices should be adopted,
where soil qualities allow.
C. Livestock animal waste holding facilities and lagoon spoil
mounds should be properly designed and maintained.
Carol Noyes centered his analysis on four major areas regarding management
alternatives:
1. Agricultural and Pollution Control
2. Modification to the Salt Water Pump
3. Vegetation in Back Bay and its effect on
fisheries and water fowl
4. Monitoring
- 5 -
M A T T E R S B Y C I T Y M A N A G E R
(Continued)
SOUTHEASTERN PUBLIC SERVICE
AUTHORITY AGREEMENTS ITEM # 22103
The City Manager referenced two proposed agreements between the City of Virginia
Beach and the SOUTHEASTERN PUBLIC SERVICE AUTHORITY. These Agreements entail
Disposal of Ash and Process Residue and the Use and Support of a Solid Waste
Disposal System. The key elements of these are as follows:
1. SPSA is to pay Virginia Beach for land prior to start-up.
SPSA is to reimburse Virginia Beach for the City's costs
to build the existing transfer station. (Total payments
are estimated at $3.5 Million.) SPSA will also build a
second transfer station in the Bendix Road area.
2. SPSA is to reimburse Virginia Beach for the City's costs
to operate the Landfill (less revenues from tipping fees
from private baulers).
3. SPSA is to give Virginia Beach an "adjustment" if the tipping
fee increases greater tban a calculated amount.
4. Virginia Beach may obtain an environmental pollution pro-
tection insurance policy in the amount of $1.5 Million. The
cost of such insurance, if obtained, shall be included in
reasonable costs to the landfill.
5. A Trust Fund for any future land fill liability is to be
established with an initial payment of $25,000 and annual
payments of $5,000 for a thirty (30) year period
The City Manager recommended that City Council ADOPT the following Ordinances:
1. An Ordinance Authorizing the City Manager to enter into an agreement
with the Southeastern Public Service Authority for Use and Support
of its Solid Waste Disposal System.
2. An Ordinance authorizing the City Manager to enter into an agreement
for Disposal of Ash and Process Residue by the Southeastern Public
Service Authority and The Virginia Beach Sanitary Landfill
(See ADD-ON Ordinances under NEW BUSINESS in the Formal Agenda)
CONSENT AGENDA
HEALTH INSURANCE TRUST FUND ITEM # 22104
Vice Mayor Henley referenced the Ordinance to transfer funds of $2,144,469
to the Healtb Insurance Trust Fund (See Item II-G.7 of the Formal Agenda.
This had not been anticipated in the FY 1984-85 OPERATING BUDGET.A $405,000
deficit is estimated at the end of the existing fiscal year in the Health
Insurance Program, as well as a deficit of approximately $1,744,000 is antici-
pated within the next twelve months. It is the suggestion that both of
these amounts be covered in the Trust Fund.
Councilman Jennings referenced interim reports to be provided by the Task Force
Committee evaluating the City's Health insurance.
June 25, 1984
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M A T T E R S B Y C I T Y M A N A G E R
(Continued)
CITY CODE AMENDMENT
DRIVING UNDER THE INFLUENCE ITEM # 22105
Councilman Heischober referenced an Ordinance to amend and reordain Section 21-
336, 21-338 and 21-341 of the Code of the City of Virginia Beach, Virginia
pertaining to DRIVING UNDER THE INFLUENCE of alcohol or drug (See Item II-G.2
of the Formal Agenda). Councilman Heischober further requested that the
percent of blood alcohol concentration be included in our Legislative Package
for 1985 and reduced from 0.15 to 0.10.
EXECUTIVE ASSESSMENT
PROGRAM ITEM # 22106
Vice Mayor Henley referenced Ordinance transferring funds of $18,125 from the
General Fund Reserve for Contingencies for an EXECUTIVE ASSESSMENT PROGRAM
(See Item II-G.6 of the Formal Agenda). These funds will provide funding
for psychological testing to assess managerial and executive skills in the
Executive Assessment Program and were not included in the FY 84-85 Operating
Budget.
MICRO COMPUTER SYSTEMS ITEM # 22107
Councilman Jones referenced Financing proposal of Southern National Leasing
for lease/purchase of micro computer systems for various departnients totaling
$112,598 (See Item II-G.10 of the Formal Agenda).
RECESS INTO
EXECUTIVE SESSION ITEM # 22108
City Council recessed into EXECUTIVE SESSION at 6:55 p.m.
June 25, 1984
- 7 -
F OR MA L S E S S ION
VIRGINIA BEACH CTTY COUNCIL
June 25, 1984
7:25 p.m.
Council Members Present:
John A. Baum, Harold Heischober, Vice Mayor Barbara M. Henley,
H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones,
Reba S. McClanan, and Meyera E. Oberndorf
Council Members Absent:
Nancy A. Creech, W. H. Kitchin, III, and J. Henry McCoy, Jr., D.D.S.
INVOCATION: Commander Roger N. Whiteway
First Reader
First Church Christ Scientist
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
June 25, 1984
8
Item II-D.1
MINUTES ITEM 22109
Upon motion by Vice Mayor Henley, seconded by Councilwoman Oberndorf, City
Council APPROVED the Minutes of June 18, 1984.
Voting: 8-0
Council Members Voting Aye:
John A. Baum, Harold Heischober, Vice Mayor Barbara M. Henley,
H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones,
Reba S. McClanan, and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Nancy A. Creech, W. H. Kitchin, IlI, and J. Henry McCoy, Jr., D.D.S.
June 25, 1984
- 9 -
ITEI II-E. 1
PRESENTATION ITEM # 22110
Mayor Jones presented a RESOLUTION IN RECOGNITION for her educational
achievements to:
Lilly D. Chen Kempsville High School
Lilly Chen's mother was also in attendance to re,,ive thi, RESOLUTION
IN RECOGNITION.
June 25, 1984
- 10 -
Item II-E.2
PRESENTATION ITEM # 22111
ADD ON
Mayor Jones presented a RESOLUTION IN RECOGNITION to:
Mary Hughes Chairman, Virginia Beach Crime
Prevention Steering Committee
June 25, 1984
Item II-F. 1
RESOLUTIONS ITEM 22112
Upon motion by Councilwoman Oberndorf, seconded by Councilman Heischober,
City Council ADOPTED a Resolution supporting conclusions of the Army
Corps of Engineers' draft WATER SUPPLY STUDY FOR HAMPTON ROADS.
Voting: 8-0
Council Members Voting Aye:
John A. Baum, Harold Heischober, Vice Mayor Barbara M. Henley,
H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones,
Reba S. McClanan, and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Nancy A. Creech, W. H. Kitchin, III, and J. Henry McCoy, Jr., D.D.S.
June 25, 1984
- lla -
A RESOLUTION SUPPORTING CONCLUSIONS
OF THE ARMY CORPS OF ENGINEERS
DRAFT WATER SUPPLY STUDY FOR ON ROADS
WHEREAS, the Army Corps of Engineers has issued a draft
Water Supply Study for Hampton Roads, Virginia in May 1984, as
authorized by a June 1974, U.S. Senate Resolution; and
@ WHEREAS, after studying more than thirty-six alternatives
over an eight-year period, the Norfolk District Corps Of
Engineers has recommended Lake Gaston as the best overall
solution to southside Hampton Roads' water supply shortage; and
WHEREAS, based upon a thorough and objective review of all
the material available, the City of Virginia Beach has concurred
with the Norfolk District's finding that Lake Gaston is the best
overall solution; and
WHEREAS, the Wilmington District Corps of Engineers, the
City of Virginia Beach, and the State of North Carolina have all
modeled the impacts of a 60 mgd out-of-basin withdrawal and have
concluded that there are no significant reductions in river flow
or lake levels as a result of the proposed project; and
WHEREAS, the Virginia State Water Control Board and Virginia
Marine Resources Commission approved the necessary permits
required of those agencies for the City's Lake Gaston Proposal in
September 1983; and
WHEREAS, the Norfolk District Engineer issued the required
permit in January 1984, for the City's Lake Gaston Proposal after
a Finding Of No Significant Impact; and
WHEREAS, the City of Virginia Beach has contracted with and
paid the United States Government for 10,200 acre-feet of storage
in John Kerr Reservoir; such storage being sufficient to mitigate
any downstream impacts that might arise from a 60 million gallons
per day withdrawal; and
June 25, 1984
- Ilb -
WHEREAS, a long-term water supply is necessary to protect
the health, safety, economic vitality, and welfare of southside
Hampton Roads, including the defense installations therein.
NOW, THEREFORE, BE IT RESOLVED, BY THE COUNC][L 01? THE CITY
OF VIRGINIA BEACH, VIRGINIA:
That the City strongly supports the conclusion that
sout .hside Hampton Roads needs additional long-term water
supplies; and
That the City strongly supports the Corps of Engineers'
selection of the Pea Hill Creek tributary of Lake Gaston as the
best, most appropriate, and most environmentally sound water
source for southside Hampton Roads; and
That the City commends the Army Corps of Engineers for its
exhaustive efforts in studying and bringing forth a solution to
the water supply problem of southside Hampton Roads.
BE IT FURTHER RESOLVED:
That a copy of this Resolution be forwarded to the Army
Corps of Engineers, the Congressional Delegation representing
Virginia Beach, and the Governor of Virginia.
Adopted by the Council of the City of Virginia Beach,
Virginia, on June 25, 1984
1984.
SGM:Jam
June 25, 1984
- 12 -
ltem II-F.2
RESOLUTIONS ITE14 # 22113
ADD ON
Upon motion by Councilman Jones, seconded by Councilwoman Oberndorf, City
Council ADOPTED a Resolution by the Council of the City of Virginia Beach
requesting the Governor, the Attorney General, and Virginia's Congressional
Delegation to urge and support the passage of SENATE BILL NO. S-1578 (As Amended)
by the Congress of the United States. (This Bill will exempt municipal corpo-
rations in the exercise of their government regulatory powers from the Federal
antitrust laws and will further exempt municipal corporations from damages, in-
terest, costs, and attorneys' fees from any law suit brougbt under the
Federal antitrust law.)
Voting: 8-0
Council Members Voting Aye:
John A. Baum, Harold Heischober, Vice Mayor Barbara M. Henley,
H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones,
Reba S. McClanan, and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Nancy A. Creech, W. H. Kitchin, III, and J. Henry McCoy, Jr., D.D.S.
June 25, 1984
- 12a -
Requested by: Councilman Robert Jones
R E S 0 L U T I 0 N
WHEREAS, recent decisions by the U.S. Supreme Court
have severely eroded what had been perceived to be an immunity
for municipal corporations from the Federal antitrust laws; and
WHEREAS, the General Assembly of the Commonwealth of
Virginia has adopted a Resolution calling for immunity for
municipal corporations from the federal antitrust laws; and
WHEREAS, on September 27, 1982, the City Council of the
City of Virginia Beach adopted a Resolution urging the adoption
of legislation which would exempt municipal corporations from the
federal antitrust laws; and
WHEREAS, Senator Strom Thurmond has introduced Senate
Bill No. S-1578 which will exempt municipal corporations in the
exercise of their government regulatory powers from the Federal
antitrust laws and will further exempt municipal corporations
from damages, interest, costs, and attorneys fees from any law-
suit brought under the Federal Antitrust laws,
NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE
CITY OF VIRGINIA BEACH, VIRGINIA:
That the City of Virginia Beach requests the Governor,
the Attorney General, and Virginia's Congressional Delegation to
urge and support the passage of Senate Bill No. S-1578 as amended
by the Congress of the United States.
BE IT FURTHER RESOLVED:
That the City Attorney is directed to deliver a copy of
this Resolution to the Governor, the Attorney General, and
Virginia's Congressional Delegation and to assist them in
accomplishing this task.
Adopted by the Council of the City of Virginia Beach on
June 25, 1984.
June 25, 1984
RJN/da
6/2 5/84
RES/2
- 13 -
Item II-G
CONSENT AGENDA ITEM # 22114
Upon motion by Councilwoman Oberndorf, seconded by Councilman Baum, City
Council APPROVED, in ONE MOTION, Items 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11,
12 and 13 of tbe CONSENT AGENDA.
Voting: 8-0
Council Members Voting Aye:
John A. Baum, Harold Heischober, Vice Mayor Barbara M. Henley,
H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones,
Reba S. McClanan, and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Nancy A. Creech, W. H. Kitchin, III, and J. Henry McCoy, Jr., D.D.S.
June 25, 1984
- 14 -
Item II-G.1
CONSENT AGENDA ITEM # 22115
Upon motion by Councilwoman Oberndorf, seconded by Councilman Baum, City
Council ADOPTED a RESOLUT10N IN RECOGNITION to:
Mary Hughes Chairman, Virginia Beach Crime
Prevention Steering Committee
Voting: 8-0
Council Members Voting Aye:
John A. Baum, Harold Heischober, Vice Mayor Barbara M. Henley,
H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones,
Reba S. McClanan, and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Nancy A. Creech, W. H. Kitchin, III, and J. Henry McCoy, Jr., D.D.S.
June 25, 1984
- 14a -
RESOLUTION IN RECOGNITION
TO
MARY HUGHES
WHEREAS: The Virginia Beach Police Department created the Crime
Prevention Unit which is responsible for 'crime prevention education";
WREREAS: The Virginia Beach Crime Prevention Steering Comaittee was
established in 1978 and is comprised of distinguished citizens from all walks
of life. The Committee is responsible to assist the Police Department bring
crime prevention awareness and education to the community. The Comittee Reets
once-a-month and all are members of the Tidewater-Peninsula Police Crime
Prevention Association;
WHEREAS: Hary Hughes joined the Comittee in 1978 and has been Chairwomau
of the Virginia Beach Crime Prevention Steering Comittee for two years. She
helped organize and direct community projects. Under her guidance, the
Comittee has supported the police, given crime prevention activities financial
as well as volunteer assistance and been active in block security;
WHEREAS: Mary Hughes is a citizen of Virginia Beach, retired from Sears,
Roebuck and Company, she is an energetic 'Silver Citizen'. Her enthusiasm is
contagious and has resulted in strong support from other associations with
which she is affiliated. She has been active in the extensive elementary
school program, ESCAPE as well as the IDENT-A-KID for the fingerprinting of
children ages two through fifteen. Recently, she helped direct the Committee's
first annual awards ceremony which resulted in sixteen citizens and citizen
groups being recognized with certificates of appreciation for their individual
contributions to crime prevention in Virginia Beach. She is a long time menber
of the Cape Henry Women's Club and for several years has been chairperson of
their Crime Resistance Co-ittee. She is Treasurer of the Virginia Beach
Safety Council and has been active for many years in promoting the organization
and its goals.
Life is made up, not of great sacrifices or duties,
But, of little things,
In which smiles, kindness and small obligations
Given habitually,
Win and preserve the heart and secure comfort.
NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council
pauses in its deliberations to recognize the tremendous contributions and
untold sacrifices Mary Hughes has given her comunity-
BE IT FURTHER RESOLVED: That this Resolution be framed for presentation
and the Clerk of Council directed to spread a copy upon the Minutes of this
Formal Session of the Virginia Beach City Council this Twenty-Fifth day of
June, Nineteen Hundred Eighty-Four.
Given under my hand and seal,
or
June 25, 1984
- 15 -
Item II-G.2
CONSENT AGENDA ITEM # 22116
Upon motion by Councilwoman Oberndorf, seconded by Councilman Baum, City
Council ADOPTED a RESOLUTION IN RECOGNLTION to:
Lilly D. Chen Kempsville High School
Voting: 8-0
Council Members Voting Aye:
John A. Baum, Harold Heischober, Vice Mayor Barbara M. Henley,
H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones,
Reba S. McClanan, and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Nancy A. Creecb, W. H. Kitchin, III, and J. Henry McCoy, Jr., D.D.S.
- 15a -
RESOLUTION IN RECOGNITION
TO
LILLY D. CHEN
WHEREAS: Education 'is the basis upon which individuals shape their
lives and perhaps the most valuable of all education is the ability to make
oneself do the thing one must when it ought to be done regardless of time or
reason. The best and most important part of education is that which one gives
oneself. As we acquire more knowledge, things do not become more comprehensible
but more mysterious;
WHEREAS: Virginia Beach ranks with the nation's best and above most
educational systems. 42.04% of the City's operating budget is allocated to
insure its citizens their youth will be prepared to meet tomorrow's challenges.
The highest function of teaching is in stimulating the pupil into the pursuit of
knowledge, belief in the present and its opportunities, in the future and its
promises as well as in the divine joy of living; and,
WHEREAS: Lilly D. Chen, Kempsville High School and in the Tenth Decile
of her graduating class with a scholastic average of 4.000, has been awarded the
National Merit Scholarship. Lilly is Treasurer of the National Honor Society and
Co-Chairman of the Graduating Committee. She won the Gold Medal in the National
Latin Exam and in 1983 placed in the top 20% of VCTM f-rom Virginia Commonwealth
University Math Contest. Slie is Editor-Reading Staff of "Montgage", Kempsville
High's Literary Magazine. She was a member for two years on the Ledger-Star
Scholastic Team, was selected by the American Association of University Women as
the Nation's Outstanding Senior and won a scholarship at Stratford University.
NOW, THEREFORE, BE IT RESOLVED: The Virginia Beach City Council pauses
in its deliberations to recognize the outstanding educational achievements of
LILLY D. CHEN, KEMPSVILLE HIGH SCHOOL
and to congratulate Lilly who will in the very near future represent Virginia
Beach at a selected university or college throughout the nation as an Ambassador
of the City and one of our most outstanding citizens.
BE IT FURTHER RESOLVED: That this Resolution be framed for
presentation and the Clerk of Council directed to spread a copy upon the Minutes
of this Formal Session of the Virginia Beach City Council this Twenty-Fifth day
of June, Nineteen Hundred Eighty-Four.
Given under my hand and seal,
Mayor
June 25, 1984
- 16 -
Item II-G.3
CONSENT AGENDA ITEM # 22117
Upon motion by Councilwoman Oberndorf, seconded by Councilman Baum, CitY
Co,,ncil ADOPTED an Ordinance to amend and reordain Sections 21-336, 21-338
and 21-341 of the Code of the City of Virginia Beach, Virginia pertaining to
DRIVING UNDER THE INFLUENCE of alcohol or drug.
Voting: 8-0
Council Members Voting Aye:
John A. Baum, Harold Heischober, Vice Mayor Barbara M. Henley,
H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones,
Reba S. McClanan, and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Nancy A. Creech, W. H. Kitchin, III, and J. Henry McCoy, Jr., D.D.S.
June 25, 1984
- 16a -
AN ORDINANCE TO AMEND AND REORDAIN
SECTIONS 21-336, 21-338, AND 21-341
OF THE CODE OF THE CITY OF VIRGINIA
BEACH, VIRGINIA, PERTAINING TO
DRIVING UNDER THE INFLUENCE OF
ALCOHOL OR DRUG
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
That Sections 21-336, 21-338, and 21-341 of the Code of
the City of Virginia Beach, Virginia, pertaining to driving under
the influence of alcohol or drug, are hereby amended and
reordained as follows:
Section 21-336. Prohibited.
(a) No person shall drive or operate in the city any
automobile or other motor vehicle, engine or train (i) while such
person has a blood alcohol concentration of 0.15 percent or more
by weight by volume as indicated by a chemical test administered
in accordance with the provisions of section 21-338, or (ii) in
the-e+ty while such person is under the influence of alcohol, or
(iii) while such person is under the influence of any narcotic
drug or any other self-administered intoxicant or drug of
whatsoever nature.
(b) For the purposes of this section, the term 'motor
vehicle" shall include mopeds, 15edek-bieyeles-witit-helper-motersT
while operated on the public highways of the city.
section 21-338. Chemical test to determine alcoholic content of
blood.
(a) As used in this section, "license" means any
operator's, chauffeur's or learner's permit or license
authorizing the operation of a motor vehicle upon the highways.
The term "division," as used in this section, means the state
division of consolidated laboratory services.
(b) Any person, whether licensed by the state or not,
who operates a motor vehicle upon a public highway in this city
shall be deemed thereby, as a condition of such operation, to
have consented to have a sample of his blood or breath taken for
June 25, 1984
- 16b -
a chemical test to determine the alcoholic content of his blood,
if such person is arrested for a violation of section 21-336,
within (2) hours of the alleged offense. Any person so arrested
shall be required to have either the blood or breath sample taken
in the discretion of the arresting officer. This provision shall
not serve to prevent such person from having a blood test
performed at his own expense in accordance with the provisions of
subsection (d). If the arresting officer elects a breath test,
then the arresting officer shall advise the accused in writing of
his right to have a blood test at his own expense. However, it
shall not be a matter of defense if the blood test is not
available.
eleetien7
(c) If a person, after being arrested for a violation
of section 21-336 and after having been advised by the arresting
officer that a person who operates a motor vehicle upon a public
highway in this city shall be deemed thereby, as a condition of
such operation, to have consented to have a sample of his blood
or breath taken for a chemical test to determine the alcoholic
content of his blood, and that the unreasonable refusal to do so
constitutes grounds for the revocation of the privilege of
operating a motor vehicle upon the highways of this city, then
refuses to permit the taking of a sample of his blood or breath
for such test, the arresting officer shall take the person
arrested before a committing magistrate andt. If he deeg again
so refuse refuses after having been further advised by such
magistrate of the law requiring a blood or breath test to be
taken and the penalty for refusal, and so declares again his
refusal in writing, upon a form provided by the division, or
refuses or fails to so declare in writing and such fact is
certified as prescribed in subsection (n) of this section, then
-2-
June 25, 1984
- 16c -
no blood or breath sample shall be taken even though he may
thereafter request same.
(d) Only a physician, registered professional nurse,
graduate laboratory technician or a technician or nurse
des.ignated by order of a circuit court acting upon the
recommmedation of a licensed physician, using soap and water to
cleanse the part of the body from which the blood is taken
and using instruments sterilized by the accepted steam sterilizer
or some other sterilizer which will not affect the accuracy of
the test, or using chemically clean sterile disposable syringes,
shall withdraw blood for the purpose of detemining the alcoholic
content thereof. No civil liability shall attach to any person
authorized to withdraw blood as provided herein as a result of
the act of withdrawing blood from any person submitting thereto,
provided the blood was withdrawn according to recognized medical
procedures; and provided further, that the foregoing shall not
relieve any such person from liability for negligence in the
withdrawing of any blood sample.
(e) Portions of the blood sample so withdrawn shall be
placed in each of two (2) vials provided by the division, which
vials shall be sealed and labeled by the person taking the sample
or at his direction, showing on each the name of the accused, the
name of the person taking the blood sample and the date and time
the blood sample was taken. The vials shall be placed in two (2)
containers provided by the division, which containers shall be
sealed so as not to allow tampering with the contents. The
arresting or accompanying officer shall take possession of the
two (2) containers holding the vials as soon as the vials are
placed in such containers and sealed, and shall transport or mail
one of the vials forthwith to the division. The officer taking
possession of the other container (hereinafter referred to as
second container) shall, immediately after taking possession of
the second container, give to the accused a form provided by the
division which shall set forth the procedure to obtain an
independent analysis of the blood in the second container, and a
-3-
June 25, 1984
- 16d -
list of those laboratories and their addresses, approved by the
division. Such form shall contain a space for the accused or his
counsel to direct the officer possessing such second container to
forward that container to such approved laboratory for analysis,
if.desired. The officer having the second container, after
delivery of the form referred to in the preceding sentence
(unless at that time directed by the accused in writing on such
form to forward the second container to an approved laboratory of
the accused's choice, in which event the officer shall do so),
shall deliver the second container to the chief of police or his
duly authorized representative. The chief of police or his
representative upon receiving same shall keep it in his
possession for a period of seventy-two (72) hours, during which
time the accused or his counsel may, in writing, on the form
provided for hereinabove, direct the chief of police to mail such
second container to the laboratory of the accused's choice chosen
from the approved list.
(f) The testing of the contents of the second
container shall be made in the same manner as hereafter set forth
concerning the procedure to be followed by the division, and all
procedures established herein for transmittal, testing and
admission of the result in the trial of the case shall be the
same as for the sample sent to the division.
(g) A fee not to exceed fifteen dollars ($15.00) shall
be allowed the approved laboratory for making the analysis of the
second blood sample, which fee shall be paid out of the
appropriation for criminal charges. If the person whose blood
sample was withdrawn is subsequently convicted for violation of
section 21-336, the fee charged by the laboratory for testing the
blood sample shall be taxed as part of the costs of the criminal
case and shall be paid into the general fund of the state
treasury.
(h) If the chief of police is not directed, as
provided in this section, to mail the second container within
June 25, 1984
-4-
- 16e -
seventy-two (72) hours after receiving such container, he shall
destroy such container.
(i) Upon receipt of the blood sample forwarded to the
division for analysis, the division shall cause it to be examined
for alcoholic content and the director of the division or his
designated representative shall execute a certificate which shall
indicate the name of the accused, the date, time and by whom the
blood sample was received and examined, a statement that the
container seal had not been broken or otherwise tampered with, a
statement that the container was one provided by the division and
a statement of the alcoholic content of the sample. The
certificate attached to the vial from which the blood sample
examined was taken shall be returned to the clerk of the court in
which the charge will be heard. The certificate attached to the
container forwarded on behalf of the accused shall also be
returned to the clerk of the court in which the charge will be
heard, and such certificate shall be admissible in evidence when
attested by the pathologist or by the supervisor of the
laboratory approved by the division.
(j) When any blood sample taken in accordance with the
provisions of this section is forwarded for analysis to the
division, a report of the results of such analysis shall be made
and filed in that office. Upon proper identification of the vial
into which the blood sample was placed, the certificate, as
provided for in this section, shall, when duly attested by the
director of the division or his designated representative, be
admissible in any court, in any criminal or civil proceeding, as
evidence of the facts therein stated and of the results of such
analysis.
(k) Upon the request of the person whose blood or
breath sample was taken for a chemical test to determine the
alcoholic content of his blood, the results of such test or tests
shall be made available to him.
(1) A fee not exceeding ten dollars ($10.00) shall be
allowed the person withdrawing a blood sample in accordance with
-5-
June 25, 1984
- 16f -
this section, which fee shall be paid out of the appropriation
for criminal charges. If the person whose blood sample was
withdrawn is subsequently convicted for a violation of section
21-336, or is placed under the purview of a probational,
educational or rehabilitational program, as set forth in section
18.2-271.1 of the Code of Virginia, the amount charged by the
person withdrawing the sample shall be taxed as part of the costs
of the criminal case and shall be paid into the general fund of
the state treasury.
(m) In any trial for a violation of section 21-336,
this section shall not otherwise limit the introduction of any
relevant evidence bearing upon any question at issue before the
court, and the court shall, regardless of the result of the
blood or breath test or tests, if any, consider such other
relevant evidence of the condition of the accused as shall be
admissible in evidence. The failure of an accused to permit a
sample of his blood or breath to be taken for a chemical test to
determine the alcoholic content of his blood is not evidence and
shall not be subject to comment by the prosecution at the trial
of the case, except in rebuttal; nor shall the fact that a blood
or breath test has been offered the accused be evidence or the
subject of comment by the prosecution, except in rebuttal.
(n) The form referred to in subsection (c) of this
section shall contain a brief statement of the law requiring the
taking of a blood or breath sample and the penalty for refusal, a
declaration of refusal and lines for the signature of the person
from whom the blood or breath sample is sought, the date and the
signature of a witness to the signing. If such person refuses or
fails to execute such declaration, the committing justice, clerk
or assistant clerk shall certify such fact, and that the
committing justice, clerk or assistant clerk advised the person
arrested that such refusal or failure, if found to be
unreasonable, constitutes gtounds for the revocation of such
person's license to drive. The committing or issuing justice,
clerk or assistant clerk shall forthwith issue a warrant charging
-6-
June 25, 1984
- 16g
the person refusing to take the test to determine the alcoholic
content of his blood with violation of this section. The warrant
shall be executed in the same manner as criminal warrants. Venue
for the trial of the warrant shall lie in the court of the city
in which the offense of driving under the influence of
intoxicants is to be tried.
(0) The executed declaration of refusal or the
certificate of the committing justice, as the case may be, shall
be attached to the warrant and shall be forwarded by the
committing justice, clerk or assistant clerk to the court in
which the offense of driving under the influence of intoxicants
shall be tried.
(p) When the court receives the declaration of refusal
or certificate referred to in subsection (o) of this section,
together with the warrant charging the defendant with refusing to
submit to having a sample of his blood or breath taken for the
determination of the alcoholic content of his blood, the court
shall fix a date for the trial of such warrant, at such time as
the court shall designate, but subsequent to the defendant's
criminal trial for driving under the influence of intoxicants.
(q) The declaration of refusal or certificate under
subsection (o), as the case may be, shall be prima facie evidence
that the defendant refused to submit to the taking of a sample of
his blood or breath to determine the alcoholic content of his
blood as provided hereinabove. However, this shall not be deemed
to prohibit the defendant from introducing, on his behalf,
evidence of the basis for his refusal to submit to the taking of
a sample of his blood or breath to determine the alcoholic
content of his blood. The court shall determine the
reasonableness of such refusal.
(r) If the court sheii-find finds the defendant quilty
as charged in the warrant issued under this section, the court
shall suspend the defendant's license for a period of ninety-+99+
June 25, 1984
-7-
- 16h -
days six (6) months for a first offense and for aim-+6@-menths
one (1) year for a second or subsequent offense or refusal within
one (1) year of the first or other such refusals. The time shall
be computed as follows: The date of the first offense and the
date of the second or subsequent offense; however, if the
defendant sha+l-plead pleads quilty to a violation of section
21-336, the court may dismiss the warrant.
(s) The court shall forward the defendant's license to
the commissioner of the division of motor vehicles of Virginia as
in other cases of similar nature for suspension of license,
unless the defendant shall-appeal appeals his conviction.7-in
wh4eh In such case the court shall return the license to the
defendant upon his appeal being perfected.
(t) The procedure for appeal and trial shall be the
same as provided by law for misdemeanors; if requested by either
party, trial by jury shall be as provided in article 4 of chapter
15 (section 19.2-260, et seq.) of title 19.2, Code of Virginia,
and the city shall be required to prove its case beyond a
reasonable doubt.
(u) No person arrested for a violation of section
21-336 shall be required to execute, in favor of any person or
corporation, a waiver or release of liability in connection
with the withdrawal of blood and as a condition precedent to the
withdrawal of blood as provided for herein.
(v) The court or the jury trying the case shall
determine the innocence or the guilt of the defendant from all
the evidence concerning his condition at the time of the alleged
offense.
(w) Chemical analysis of a person's breath, to be
considered valid under the provisions of this section, shall be
performed by an individual possessing a valid license from the
division to conduct such tests, with a type of equipment and in
accordance with the methods approved by the division. Such
breath-testing equipment shall be tested for its accuracy by the
June 25, 1984
-8-
- 16i -
division at least once every six (6) months. Any individual
conducting a breath test under the provisions of this section and
and as authorized by the division shall issue a certificate,
which will indicate that the test was conducted in accordance
with the manufacturer's specifications, the equipment on which
the breath test was conducted has been tested within the past six
(6) months and has been found to be accurate, the name of the
accused, the date, the time the sample was taken from the
accused, the alcoholic content of the sample and by whom the
sample was examined. Such certificate, when duly attested by the
authorized individual conducting the breath test, shall be
admissible in any court in any criminal proceeding as evidence of
the alcoholic content of the blood of the accused. Ift-me-ease
may The officer making the arrest, or anyone with him at the time
of the arrest, or anyone participating in the arrest of the
accused, if otherwise qualified to conduct such test as provided
by this section, may make the breath test or analyze the results
thereof. A copy of such certificate shall be forthwith delivered
to the accused.
(x) The steps set forth in this section relating to
the taking, handling, identification and disposition of blood or
breath samples are procedural in nature and not substantive.
Substantial compliance therewith shall be deemed to be
sufficient. Failure to comply with any one or more of such steps
or portions thereof, or a variance in the results of two (2)
blood tests, shall not, of itself, be grounds for finding the
defendant not guilty, but shall go the weight of the evidence and
shall be considered as set forth above with all the evidence in
the case, provided that the defendant shall have the right to
introduce evidence on his own behalf to show noncompliance with
the aforesaid procedure or any part thereof, and that, as a
result, his rights were prejudiced.
June 25, 1984
-9-
- 16i -
Section 21-341. Forfeiture of right to drive; suspension of
sentence.
(a) Except as provided in Section 18.2-271.1, Code of
Virginia (1950), as amended, the judgment of conviction, if for a
first offense under section 21-336, shall of itself operate to
depIrive the person so convicted of the privilege to drive or
operate any motor vehicle, engine or train in the commonwealth
for a period of (6) months from the date of such judgment. If
If a person is
tried on a process alleging a second offense of violating section
21-336 within ten (10) years of a first offense for which the
person was convicted under section 21-336 and is convicted
thereof, such person's license to operate a motor vehicle, engine
or train shall be revoked for a period of three (3) years from
the date of the judgment of conviction. Any such period of
license suspension, in any case shall run consecutively with any
period of suspension or revocation for failure to permit a blood
or breath sample to be taken as required by section 21-338.
(b) If any person has heretofore been convicted or
found not innocent in the case of a juvenile of violating any
similar act in the commonwealth or any other state and thereafter
is charged with a second violation of section 21-336 and
convicted of violating the provisions of section 21-336, such
conviction or finding shall, for the purpose of this section and
section 21-340, be a subsequent offense and shall be punished
accordingly. Six months of any license suspension or revocation
imposed pursuant to this section for a first offense conviction
may be suspended, in whole or in part by the court upon the entry
of the person convicted into and the successful completion of a
program pursuant to section 18.2-271.1, Code of Virginia (1950),
as amended. If a person is charged
with a second offenre of violating Section 21-336 and is
convicted thereof, the court may suspend no more than one year of
such license suspension or revocation if such geeand conviction
occurred less than five (5) years after a previous conviction
-10-
.@. June 25, 1984
- 16k -
under section 21-336, nor more than two (2) years if such seeend
conviction occurred five (5) to ten (10) years after a previous
conviction upon such person's entry into and successful
completion of a program entered into pursuant to section
18.2-271.1, Code of Virginia (1950) as amended. f3pon-&-third
If a person is tried
on a process alleging a third or subsequent offense of violating
section 21-336 and convicted thereof, such person shall not be
eligible for participation in a program pursuant to section
18.2-271.1, Code of Virginia (1950), as amended and shall have
his license revoked by the Division of Motor Vehicles as provided
in section 46.1-421(b), Code of Virginia (1950) as amended.
This ordinance shall become effective on the 1st day of
July, 1984.
Adopted this 25 day of June 1984, by the
Council of the City of Virginia Beach, Virginia.
RMB/da
(f)
6/20/84
June 25, 1984
- 17 -
Item II-G.4
CONSENT AGENDA ITEM # 22118
Upon motion by Councilwoman Oberndorf, seconded by Councilman Baum, City
Council APPROVED, on FIRST READING, an Ordinance to accept funds totaling
$59,305 from the VIRGINIA HOUSING DEVELOPMENT AUTHORITY and to appropriate
these funds for the SECTION 8 Existing Housing and Moderate Rehabilitation
Program.
Voting: 8-0
Council Members Voting Aye:
John A. Baum, Harold Heischober, Vice Mayor Barbara M. Henley,
H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones,
Reba S. McClanan, and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Nancy A. Creech, W. H. Kitchin, III, and J. Henry McCoy, Jr., D.D.S.
June 25, 1984
- 17a -
Requested by: The Office of Housing and Community Development
AN ORDINANCE TO ACCEPT FUNDS TOTALING $59,305
FROM THE VIRGINIA HOUSING DEVELOPMENT
AUTHORITY AND TO APPROPRIATE THESE FUNDS FOR
THE SECTION 8 EXISTING HOUSING PROGRAM AND
MODERATE REHABILITATION PROGRAM
WHEREAS, the City of Virginia Beach has participated
and wishes to continue its participation in the Section 8
Existing Housing Program and Moderate Rehabilitation Program;
and
WHEREAS, the Virginia Housing Development Authority
(VHDA) has submitted a proposed Administrative Services Agreement
and applicable addendum for the implementation of a Housing
Assistance Payments Program for Existing Housing and the Moderate
Rehabilitation Program; and
WHEREAS, the Office of Housing and Community
Development (OHCD) has been designated to administer the
programs, which will assist in housing low and moderate income
persons; and
WHEREAS, the total budget to administer the Section 8
Existing Housing Program and Moderate Rehabilitation Program is
$59,305.00, with VHDA providing full funding for the program.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE
CITY OF VIRGINIA BEACH, VIRGINIA:
That the City Manager is hereby authorized to accept
funds for the City, and funds are hereby appropriated for the
City's Section 8 Existing Housing Program and the Moderate
Rehabilitation Program in the amount of $59,305.00.
BE IT FURTHER ORDAINED that three personnel positions
are hereby authorized for the duration of the funding, to be paid
by VHDA as indicated on the attached sheet labelled "Exhibit A."
AND BE IT FURTHER ORDAINED that the City Manager is
hereby authorized to enter into an Administrative Services
Agreement with VHDA for implementation of a Housing Assistance
June 25, 1984
- 17b -
Payment Program for Existing Housing. Said agreement and
addendum are attached hereto and incorporated by reference.
FIRST READING: June 25, 1984
SECOND READING:
Adopted by the Council of the City of Virginia Beach,
Virginia on this day of 1984.
APPROVED AS TO CONTENT
Maryanne Ustick, Assistant to the
City Manager for Housing and
Community Development
APPROVED AS TO FORM
avid S. Hay,
Assistant City Attorney
DSH/sm
6/13/84
(C)
June 25, 1984
-2-
17c -
EXHIBIT A
CITY OF VIRGINIA BEACH
Salaries SeCLiOn 8 Administrator (100%) $23,736.00
SecLioll 8 Ilrograin Technician (100%) 14,760.00
Clerk-Tyl)ist I 9@600.00
48,096.UU
Ma@Ltiteit,iticu ALitl) 352.00
EBC AI)prux. 21% of salaries IU,857.00
'I'O'FAL APPKOVLU BUi)GL"I' $59,305.00
Locality fee at 99% leasing 21.30 PUPM
June 25, 1984
17d -
SECTION 8 l@'iODERATE REHABILITATION PROGRAM
ADI,IINISTRATIVE SERVICES AGREEMENT
ADDEI,'DLR-1 C
This Addendum to the Administrative Services Agreement dated the Fir,;t day of
July 19 83 , by and bet%.ieen VIRGINIA HOUSING I)EVELOPI@IENT AUTHORITY
and The Virqinia Beach off e of nu P, Cnmmiinify r)-,,,-Inpme,t I
, s-hall be effective 9 and shal@,
AgenT tch FYrr day at
continue in full force and effect concurrent wi h the da n the greement.
The following specific provisions apply to the Section 8 Moderate Rehabilitation
Program (hereinafter referred to as the "@loderate 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 @loderate Rehab Program. For the Moderate Rehab
Program, the Agent may be directed to have published and to disseminate
only Authority provided inforination. 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, to the
attention of the Program Manager for Moderate Rehab.
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. In the event
that there are more eligibile applicants than can be assisted, the Agent shall
maintain a waiting list, which is used jointly for the Section 8 Existing and
Moderate Rehab programs, notifying applicants in writing that they have been
placed on the waiting list.
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 appl@, to the Moderate Rehab Program. For the Moderate Rehab Program,
tenants occupying Moderate Rehab units at the time the "Housing Assistance
Payments Contract" is signed will be assisted in accordance with the effective
date of the Contract, if still determined eligible. Vacant Moderate Rehab
units will be filled by referring active Certificate Holders to the unit; then
families presently on the Waiting List in order by date of application. All
individuals will have a choice of either accepting the Moderate Rehab unit
or waiting for another eligible unit, keeping their same status as a Certifi-
cate Holder or maintaining their place on the Waiting List.
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 f4oderate Rehab Program when
'Moderate Rehab units become vacant.
June 25, 1984
VHDA Form tio. MD:-711-C Page I of 2
4/83
17e -
6. The provisions of paragraph 16 of the Agreement regarding the selecting
of a unit by the family shall not apply to the Moderate Rehab Program.
However, usage of VHDA's model lease for Moderate Rehab units is
required. VHDA approval of any addendums to the lease is also reqllit,ed.
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 $ 21 .65 for each unit under lease
per month.
10. A penalty of $.2].6s will be imposed for each lease packet
which is submil@ed 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.
VIRGIN USING DEIVEKOPMENT AUTHORITY CITY OF VIRGINIA BEACH
BY: By:
Thomas H. Muehlenbeck
T l@. Title: City Manacier
Date: Date:
APPRO@
)@, ON
M@a
,o I
Direitor of Housing and
Community Development
June 25, 1984
VliDA Form No. MD:711-C Page 2 of 2
4/83
- 17f
ADMINISTRATIVE SERVICES AGREEMENT
ADDENDUM A
day of The Administrative Services Agreement dated the First EVELOPMFNT
AUTHORI lopment
Agent, months
commenc
As compensation for its services rendered hereunder, the Authority
shall pay to the Agent a fee of $ 21.29 per unit under lease all or part of
the preceeding month, which may e revised by Addendum to this Agreement. The
fee payable with respect to any particular month 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 administrative 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 programs locally. A surplus of fees earned by the Agent
will be utilized to offset estimated expenses at the renewal of this Agreement.
A penalty of $ 21,29 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 deadline, VHDA
reserves the right to impose administrative remedies or additional monetary
penalties.
This Agreement will be effective for the period of July 1, 1984
through June 30 1985 on the following project(s)-
37-01
37-02
37-03
37-04
IN WITNESS WHEREOF, the parties hereto have caused these presents to be
executed by their duly authorized officers or agents as of the day and year
written below.
APPROVED AS TO CONTENT THORITY
1. Ustick
D of Housin@a
Community Development Date:
By:
Thomas H. Muehlenbeck
Title:
Date:
VHDA Form t@o. MD:711-A Page 1 of I
- 18 -
Item II-G.5
CONSENT AGENDA ITEM # 22119
Upon motion by Councilwoman Oberndorf, seconded by Councilman Baum, City
Council ADOPTED an Ordinance authorizing the Executor of the Estate of
JESSE W. DREW to transfer assets to the VIRGINIA BEACH PUBLIC LIBRARY
ENDOWMENT FOUNDATION.
(This Ordinance was DEFERRED on December 19, 1983.)
Voting: 8-0
Council Mernbers Voting Aye:
John A. Baum, Harold Heischober, Vice Mayor Barbara M. Henley,
H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones,
Reba S. McClanan, and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Nancy A. Creech, W. H. Kitchin, III, and J. Henry McCoy, Jr., D.D.S.
June 25, 1984
- 18a -
AN ORDINANCE AUTHORIZING THE EXECUTOR
OF THE ESTATE OF JESSE W. DREW TO
TRANSFER ASSETS TO THE VIRGINIA BEACH
PUBLIC LIBRARY ENDOWMENT FOUNDATION
WHEREAS, M@. Jesse W. Drew, a long-time patron of the Virginia Beach Public
Library, passed away, and in his last will and testament left his entire estate to
the Virginia Beach Public Library, Virginia Beach, Virginia; and
WHEREAS, the Virginia Beach Public Library is a Department of the City of
Virginia Beach; and
WHEREAS, the Department of Public Libraries, the Library Board of the City of
Virginia Beach, and the Friends of the Library have recomended that the assets of
the Drew Estate be transferred to the Virginia Beach Public Library Endowment
Foundation; and
WHEREAS, the Virginia Beach Public Library Endowment Foundation is a non-profit
corporation created for the purpose of seeking and administering bequests of this
nature to the Virginia Beach Public Library System; and
WHEREAS, it is the opinion of the Virginia Beach City Council that the Virginia
Beach Public Library Endowment Foundation is most qualified to administer and
utilize the assets of the Drew Estate in a manner consistent with the best interests
of the Public Library Department and the intentions of Jesse W. Drew.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA:
That the City of Virginia Beach, by and for itself, and the Virginia Beach
Public Library hereby authorizes the Executor to transfer all of the assets of
the Estate of Jesse W. Drew to the Virginia Beach Public Library EndowTnent
Foundation to be used by that Foundation in the best interest of the Public
Library Department of the City of Virginia Beach.
BE IT FURTHER ORDAINED that an accounting of all funds, assets, and bequests
by provided to the City Council at six-month intervals.
This Ordinance shall be effective from the date of its adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on this 25th
day of June 1984.
JDB:kdh
June 25, 1984
- 18b -
ORM No. C,c g (p)
Virginia: In the Clefk's Office of the CIRCUIT Court-of the City
of Virginia Beach on the day of 19
INVENTORY AND APPRAISEMENT
OF THE ESTATE OF
Jesse W. Drew, Deceased
1. Property under the authority, supervision and control of Personal Representative
DESCRIPTION OF PROPERTY VALUE
Various stocks and debentures (see list
attached) 263,144 00
Mutual Federal Savings & Loan Association
Money Market Account - 11/83 balance 54,894 02
Personal checking account at First &
Merchants National Bank - 11/83 2,543 55
Wheat First Securities Money Market
Account - 11/83 balance 7,479 34
1973 Buick 4-door hardtop 1,450 00
Real estate 704 Linkhorn Drive,
Virginia Beach, Virginia - based on
sales contract 124,000 00
Cultured pearl necklace containing 82
pearls with silver clasp 800 00
see appraisal attached
Platinum pin containing 28 diamonds
see appraisal attached 1,250 00
Household furnishings; personal effects 24,866 98
Certificate of deposit - #11-473409-7
Mutual Federal Savings & Loan Assn. 10,000 00
Certificate of deposit - #11-481145-7
Mutual Federal Savings & Loan Assn- 35,200 00
Miscellaneous cash and travelers checks
located in residence 626 59
Proceeds from Metropolitan Life Insurance
Company group policy 17,337 45
June 25, 1984
TOTAL 93
c eets if 9
- 18C -
CERTIFICATE OF PERSONAL REPRESENTATIVE
Peter W. martone solemnly swear (or ffirm) that to'
the best of my knowledge and belief the foregoing inventory and appraisement embraces all the property, both real
and personal of the estate of Jesse W. Drew deceased, under my
authority, supervision and control as Aftini-,trat'Or C'-T.A- (hereof, a.ggregatings S4-1,,;91 %'l
and also all other property of said estate of which I have knowledge.
Address P 0 Rnv -10-47
M@-@-1 1, AIA ? -A II A
Subscribed and swom to before me this I qt- day of M;i v 19 Ft 4
My commission expires n,-(,Pmhpr I - 1 gR4
N.1a,y Public
COMMISSIONER'S CERTIFICATE
Inspected, found to be in proper form, and approved this day of 19-.
Received by the
Commissioner of Accoun(s
Co.missione, of Accounts
Delivered to the Clerk
19-.
VIRGINIA:
In tbe Clerk's Office oi tbe Circuii Cou,t ol ibe Citv of Virginia Beach
.n i be day oi I ]g-.
The foregoing Inventory and Appraisement of Ehe escate of
deceased, was this day received and admitted to record.
J. CURTIS FRUIT
Cle,k
By D. C.
RETURN TO
St"le)o A. F-hillips
COMMISSIONER OF ACCOUNTS
CIRCUIT COURT, CITY OF VIRGINIA BEACH
129 SOUTH GREAT NECK ROAO
P.O. BOX 4037
VIRGINIA BEACH, VIRGINIA 23454
June 25, 1984
- 19 -
Item II-G.6
CONSENT AGENDA ITEM # 22120
Upon motion by Councilwoman Oberndorf, seconded by Councilman Baum, City
Council ADOPTED an Ordinance authorizing the Mayor to execute an employment
contract for the CITY MANAGER and to transfer $165,195 in Fiscal 1984 from
excess General Fund salary appropriations in the department budgets to the
City Manager's budget.
Voting: 8-0
Council Members Voting Aye:
John A. Baum, Harold Heischober, Vice Mayor Barbara M. Henley,
H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones,
Reba S. McClanan, and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Nancy A. Creech, W. H. Kitchin, III, and J. Henry McCoy, Jr., D.D.S.
June 25, 1984
- 19a
REQUESTED BY; CITY COUNCIL
AN ORDINANCE AUTHORIZING THE MAYOR TO
EXECUTE AN EMPLOYMENT CONTRACT FOR THE
CITY MANAGER AND TO TRANSFER $165,195
IN FISCAL 1984 FROM EXCESS GENERAL FUND
SALARY APPROPRIATIONS IN THE DEPARTMENT
BUDGETS TO THE CITY MANAGER'S BUDGET
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
1. That the attached agreement (Exhibit A) is
hereby approved and incorporated by reference.
2. That the amount of $165,195 be transferred in
fiscal 1984 from excess General Fund salary appropriations in
department budgets to the City Manager's office to cover the
Manager's salary required for the remainder of the contract
period.
3. This ordinance shall be effective from date of
adoption.
ADOPTED: June 25, 1984
JDB: er
6- 20-84
6-21-84
June 25, 1984
- 19b
This Agreement made this day of 1984, by
and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal
corporation, hereinafter sometimes referred to as 'City' and
THOMAS H. MUEHLENBECK, hereinafter sometimes referred to as
'Employee.'
W I T N E S S E T H
WHEREAS, the City wishes to employ Thomas H. Muehlenbeck
as its City Manager as provided in Section 4.01 of the Charter of
the City of Virginia Beach, and
WHERgAS, Thomas H. Muehlenbeck agrees to accept such
employment, and
WHEREAS, the parties hereto desire to set forth herein
the terms and conditions of such employment,
NOW, THEREFORE, for and in consideration of the mutual
covenants and obligations set forth herein and other good and
valuable consideration, the parties hereto agree as follows:
Article I - Duties
(a) Employee shall perform the functions and duties of
the position of City Manager in accordance with the provisions of
the Charter of the City of Virginia Beach and all other
applicable statutes and ordinances.
(b) Employee shall perform such functions and duties
in accordance with the policy and direction of the City Council.
(EXHIBIT A)
June 25, 1984
- 19C -
(c) Employee shall also perform any other legally
permissible duties or functions as the City Council may see fit
to assign him at any time during the term hereof.
Article II - Term of Agreement
(a) Except as otherwise provided herein, this
Agreement shall be for a term of three (3) calendar years (36
months) commencing June 1, 1984, and ending May 31, 1987.
(b) Except as provided by Article III, below, during
the term hereof, Employee agrees to remain in the exclusive
employ of the City.
(c) Nothing herein shall be deemed to limit in any way
the authority of City Council to terminate the Employee at any
time; provided, however, that such termination shall be in
accordance with the provisions of Article III below.
(d) Nothing herein shall be deemed to limit the right
of Employee to voluntarily resign; provided, however, that such
resignation shall be in accordance with Article III below.
Article III - Termination and Resignation
(a) In the event the Llmployee is terminated by the City
before the expiration of the term of this Agreement, and at the
time of such termination Employee is under no physical or mental
incapacity which would prevent him from performing the duties of
City Manager, the City Council shall continue to compensate
Employee in accordance with the provisions of Article IV hereof
as may have been increased by subsequent actions of City Council
-2-
June 25, 1984
- 19d
for the duration of this Agreement, subject to the provision of
paragraphs (1), (2), (3) and (4) below. All other benefits
hereunder, however, shall cease as of the date of termination.
(1) Such post-termination compensation shall
cease, however, if Employee has been offered comparable
employment elsewhere.
(2) Employee agrees to use due diligence to secure
such comparable employment as expeditiously as possible.
(3) If Employee is terminated for misfeasance,
malfeasance, or nonfeasance in office all compensation by the
City shall end as of the date of termination.
(4) If Employee is terminated after the expiration
date of this Agreement for reasons other than those set forth in
paragraph (a)(3) above, he shall continue to receive as severance
pay the compensation installments set forth in Article IV as may
have been increased by the City Council for three (3) months
following the date of such termination.
(b) If Employee voluntarily resigns, then all
compensation and benefits shall cease as of the effective date of
such resignation. Employee shall give the City ninety (90) days
written notice of any such resignation; provided, however, it is
expressly understood that City Council may waive any or all of
this ninety (90) day notice requirement.
-3-
June 25, 1984
- 19e
Article IV - Compensation
City agrees to pay Employee for services rendered
prsuant hereto an annual gross salary of Eighty Thousand Eight
Hundred Fifty Dollars ($80,850.00), payable in installments at
the same time and in the same manner as other City employees are
paid. Such annual gross salary and such additional sum may be
increased from time to time by action of the City Council.
Article V - Automobile Allowance
In lieu of supplying a City-owned vehicle for use by
Employee in conducting City business, City agrees to pay Employee
a car allowance in the sum of Three Hundred Dollars ($300.00) per
month which sum may be increased from time to time by action of
the City Council. In consideration thereof, Employee shall
provide his own vehicle and shall be responsible for all fuel,
maintenance, insurance, and other expenses related to the
operation thereof.
Article VI - Fringe Benefits
Employee shall receive fringe benefits such as annual
leave, sick leave, life insurance, hospitalization, Virginia
Supplemental Retirement System, etc. in accordance with existing
City policies and ordinances as applicable to all other City
employees. Nothing herein shall be constructed to prevent
changes in the nature of such benefits to Employee should such
benefits be subsequently altered for all other City
employees.
-4-
June 25, 1984
- 19f
Article VII - Hours of Employment
It is recognized that the nature of Employee's position
requires flexible hours. Therefore, Employee in consideration of
his compensation shall work whatever hours are necessary to
satisfactorily perform the functions and duties of City
Manager.
Article VIII - Dues and Subscriptions
City agrees to pay professional dues and subscriptions
of Employee necessary for his membership and participation in
national, regional, state, and local associations and
organizations of a job-related nature and for travel and
associated expenses of employee to secure his attendance at
professional meetings and conferences, as budgeted and approved
by the City Council.
Article IX - General Business Related Expenses
EXcept as specifically provided in Articles v and VIII,
the City agrees to reimburse Employee for job-related
expenditures in accordance with existing City policy.
Article X - Other Terms and Conditions of Employment
(a) The City Council may at any time prescribe any
other terms and conditions of employment related to Employee's
performance as City Manager as it may deem necessary, provided
such terms and conditions are not inconsistent with the specific
provisions of this Agreement.
-5-
June 25, 1984
- 19g
(b) City agrees to provide insurance coverage and legal
counsel for Employee in matters relating to his official duties
within the scope of his employment, as is provided to all other
City employees.
(c) All provisions of state or city law or policy
relating to terms and conditions of municipal employment
generally as they now exist or may hereafter be amended shall
apply to Employee. Provided, however, that should any such law
or policy be so changed as to be inconsistent with the terms
hereof, this Agreement shall be deemed amended so as to comply
with such law or policy change.
(d) The text herein shall constitute the entire
Agreement between the parties and shall only be amended by a
writing executed by both parties.
(e) If any provision hereof shall be deemed unlawful,
invalid, ultra vires, or otherwise unenforceable, the remainder
of the Aqreement shall be deemed severable and shall remain in
full force and effect.
(f) This Agreement shall be construed in accordance
with the laws of the Commonwealth of Virginia.
(g) This Agreement supersedes any other agreement
between the parties.
IN WITNESS WHEREOF, the City of Virginia Beach has
caused this Agreement to be executed in its behalf by its mayor
in accordance with an ordinance of the City Council authorizing
-6-
June 25, 1984
- 19h -
such execution, and Employee, Thomas H. Muehlenbeck, has executed
this Agreement, both the day and year first above written.
CITY OF VIRGINIA BEACH, VIRGINIA
B
Mayor
THOMAS H. MUEHLENBECK
Approved as to Content Approved as to form
City Attorney
Approved as to Availability of Funds
JDB/da
(48.12)
4/19/82
4/22/82
5/7/82
6/20/84
6/21/84
-7-
June 25, 1984
- 20 -
Item II-G.7
CONSENT AGENDA ITEM # 22121
Upon motion by Councilwoman Oberndorf, seconded by Councilman Baum, City
Council ADOPTED an Ordinance transferring funds of $18,125 from the
General Fund Reserve for Contingencies for an EXECUTIVE ASSESSMENT PRO-
GRAM and authorizing the City Manager to execute the agreement.
Voting: 8-0
Council Members Voting Aye:
John A. Baum, Harold Heischober, Vice Mayor Barbara M. Henley,
H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones,
Reba S. McClanan, and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Nancy A. Creech, W. H. Kitchin, III, and J. Henry McCoy, Jr., D.D.S.
June 25, 1984
20a
AN ORDINANCE TRANSFERRlr4G FUNDS OF
$18,125 FROM THE GENERAL FUND RESERVE
FOR CON'FINGENCIES FOR AN EXECUTIVE
ASSF.SSMENT PROGRAM AND AUTHORIZING THE
CITY MANAGER TO EXECIJTE THE AGREEMENT
WHEREAS, it is essential to the City of Virginia Beach
that managers with potential for growth and advaricement be
identified to enslire that talent for executive positions is
developed and remaine available for future operations, and
WHERFAS, the 01,1 Dominion University Researcli Foundation
has developed an Excutive Assessment Program that uses sta@
dard psychological tests and exercises in the assessment of
executives, and
WHERF,AS, the R(@@,!arch Foun@tation has propos@d to @o,idtict
the Fxe.,:,it@v@! A.,segs.n,@nt Pr(@gram for the City of Virginia Beach
for approximately twelve months at a total cost of $18,125, and
WHERFAS, the necessary funds for the program may be pro-
vided I)y transfer fr()M the General Ftind Reserve for
ContingenciLs.
NOW, TIIKRFFOI@l,!, Bi@ IT C)RT)AfNFD BY THE (',OIINCfl, OF TIIF Cl'rY
OF VIRGFNIA BEA(,H tiiat the City Manager is hereby authorized to
enter itit,) 1,1 witli the Old Domi,)ion Research
Foundation for an Executive Assessment Program for the City of
Virginia Beach and ttiat funds of $18,125 are hereby transferred
from the General Ftind Reserve for Contingencies to the City
Manager's budget f,)r Lhe program.
This ir,linan@,, sitit L b@ effect@ve from tti@ (iate of its
adoption.
Adopted by the Co,incil of the City of Virginia Beach,
on 25 day of June 1 1984.
AP;)P.OVED AS TO CONTENT
JCM/ORD/13 DEPARTTA.LNI June 25, 1984
D A
- 20b -
ODURF NO.: CVB-84-1187-710
EXECUTIVE ASSESSMENT PROGRAM FOR THE
CITY OF VIRGINIA BEACH
A Proposal
From the
DEPARTMENT OF PSYCHOLOGY
OLD DOMINION UNIVERSITY
Principal Investigator: Dr. Donald D. Davis
Co-Principal Investigator: Terry L. Dickinson
Submitted to the
City Manager
City of Virginia
Municipal Center
Virginia Beach, Virginia 23456
Amount Requested: $18,125
Project Period: June 16, 1984 to August 15, 1985
G.H. Fisher
Acting Executive Director
Old Dominion University Research Foundation
P.O. Box 6369
Norfolk, Virginia 23508-0369
(804) 440-4293
Date
This proposal is submitted through and any resulting award
will be administered by the Old Dominion University Research
Foundation, a private, nonprofit corporation affiliated with
Old DDminion University (Federal ID No.: 546068198)
June 25, 1984
- 20c -
Executive Assessment Prograla
Introduction
In public sector organizations it is essential to identify managers with
potential for growth and advancement. These individuals must be encouraged to
remain in the organization to ensure that talent for executive positions remains
available for future operation. These managers should be given special training
and developmental opportunities to prepare them for greater managerial
responsibilities. No organization has the resources to prepare everyone at each
job level for higher assignments. Specialized training for everyone would be
prohibitively expensive, but more importantly, developmental assignments are few
in number, and their successful completion is often critical to the
organization.
As an organization becomes larger and more complex, greater preparation for
higher job assignments is necessary prior to advancement. This greater
preparation requires earlier decisions concerning the potential for advancement
in order to provide systematic and appropriate developmental experiences. This
has led many private and public sector organizations to develop formal programs
aimed at early identification and nurturing of those with superior executive
potential--so called "fast trackers." Such a program also provides special
encouragement to individuals with high potential to stay with the organization.
Existence of such an identification program provides a tangible indicator that
their chances for advancement are higher than average. Furthermore, the speed
of their possible advancement may be quickened, a feature especially attractive
to the more ambitious. Special assignments, training opportunities, and
assessment of potential are methods for providing recognition without formal
promises of advancement.
Assessment Goals
An Executive Assessment Program (EAP) is proposed to be conducted during
1984 and 1985 to identify managers for development and selection into executive
level positions. Over a twelve month period, the EAP will provide evaluations
of the intellectual and managerial skills and personality characteristics of 35
to 40 managers identified by the Virginia Beach City Manager. These evaluations
will use standard psychological tests and exercises to identify executives
capable of being of superior managers.
Assessment Procedures
The EAP will require one day (Saturday) to assess four to six managers.
Because of the confidential nature of the assessments, the EAP will be conducted
by consultants in Industrial/organizational Psychology from the Center for
Applied Psychological Studies at Old Dominion University. Assessment results
will be provided in written and oral form to the City Manager and the
participants.
The EAP will use standard psychological tests and exercises developed for
use in the assessment of executives. Where possible, tests have been selected
w@i,icii liive been stlc)wn to pr@@'(1ict c@xecutive perform@ince. Th@ EAP @@iill con,,;ist of
the following components:
June 25, 1984
- 20d -
EAP
Page 2
1. Personal History. A biographical information inventory will be used to
describe the personal hi@tory of each participant. This inventory will elicit
positive and negative critical events occurring during each participant's past,
as well as self-descriptions of career and personal goals. In addition, a short
biographical essay will be required to assess written comunication skills.
2. Intellectual Skills. The Wesman Personnel Classification Test and the
Concept @lastery Test will be used to measure the general intelligence of all
participants. These tests will provide verbal, quantitative and total
intelligence scores. In addition, the Watson-Glaser Critical Thinking Appraisal
will be administered to assess reasoning skills such as inference, recognition
of assumptions, deduction, inlerpretation and evaluation of arguments.
3. Personality. The California Psychological Inventory, one of the most
sophisticated psyclioiogical measures, will be used to measure personality
attributes such as permissiveness and willing acceptance of others who have
different beliefs. In addition, the FIRO-B will be used to measure attitudes
toward influencing others, initiating contacts with others, and developing
personal relationships.
4. Management and Group Skills. A group exercise will be specially
d.-veloped for the EAP. Thls exercise will assemble the participants into a
single group in which they will act as task force to study and reconnend
solutions to problems possibly arising in their department or the larger city
organization. Each participant will try to win adoption by the group of his or
her solutions. Each participant will be interviewed by the consultants to
explore his or her performance during the group exercise. This interview will
also be used to assess each participant's reaction to several scenarios
representative of good managenent practice.
Accountability and Reporting
The consultants will provide written reports on each participant. These
results will be shdred with each participant when requested. In order to
niaintain the participants' co,,ifidentiality, this information will be provided
only to the City Manager's office. A final written report describing all
program activities will be provided within 45 days of the termination of the
contract.
Project Cost
$18,125
- 20e -
PROPOSED BUDGET
June 16, 1984 to August 15, 1985
Category Sponsor Total
A. SALARIES AND WAGES
a. Principal Investigator:
Donald 0. Davis
33% time, 6/16/84-8/15/84 2,420 0 2,420
48.5% time, 5/16/85-8/15/85 3,961 0 3,961
5% time, 8/16/84-12/31/84 622 622
5% time, 1/15/85-5/15/85 621 621
b. Co-Principal Investigator,
Terry L. Dickinson
47% time, 6/16/84-8/15/84 6,381 0 6,381
5% time, 8/16/84-12/31/84 1,063 1,063
5% time, 1/1/85-5/15/85 -- @,Q62 1,062
Subtotal: Salaries and Wages 12,762 3,368 16,130
B. FRINGE BENEFITS
a. PI AY salary x 25% = $531;
FICA 7.15% = $457 457 531 988
b. CO-PI AY salary x 25% = 414;
FICA 7.15% = $456 456 @414 870
Subtotal: Fringe Benefits 913 945 1,858
C. EXPENDABLE SUPPLIES AND MATERIALS 825 0 825
0. TOTAL DIRECT COSTS 14,500 4,313 18,813
E. INDIRECT COSTS (25% of item D) 3 625 1 078 L703
F. TOTAL PROJECT COSTS 18,125 5,391 23,516
June 25, 1984
- 20f -
AGREEMENT
BETWEEN
THE CITY OF VIRGINIA BEACH
AND
OLD DOMINION UNIVERSITY RESEARCH FOUNDATION
This agreement, entered into this day of June 1984 by and
between The City of Virginia Beach, hereinafter referred to as
VIRGINIA BEACH, and The Old Dominion University Research Foundation,
hereinafter referred to as the FOUNDATION, is for the purposes set
forth below.
VIRGINIA BEACH and the FOUNDATION mutually agree as follows:
ARTICLE 1. DESCRIPTION OF WORK
The scope of work is specified in the attached proposal entitled,
"Executive Assessment Progr&n for the City of Virginia Beach."
ARTICLE II. PERIOD OF PERFORMANCE
Performance of this agreement will be from June 16, 1984 to August
15, 1985, unless the period is further extended by m*ndment of this
agreement.
ARTICLE III. REPORTS
The FOUNDATION shall submit to VIRGINIA BEACH a final report on
the research perfonned under this agreement.
ARTICLE IV. COST AND PAYMENT
The cost for undertaking the work described in Article I is
Eighteen Thousand one hundred twenty-five ($18,125) dollars.
One-half of this amount will be billed to VIRGINIA BEACH at mid-
point in the study with final billing to be made after the final
report has been submitted.
June 25, 1984
20g -
IN WITNESS WHEREOF, VIRGINIA BEACH and the FOUNDATION have
executed this agreement by their duly authorized officers on the date
indicated.
THE CITY OF VIRGINIA BEACH
BY
Thomas H. Muehlenbeck, City Manager
DATE
OLD DOMINION UNIVERSITY RESEARCH FOUNDATION
BY 2 -V@ 1 40
Gerard H. Fisher, Acting Executive
Director
DATE
June 25, 1984
- 21 -
Item II-G.8
CONSENT AGENDA ITEM # 22122
Upon motion by Councilwoman Oberndorf, seconded by Councilman Baum, City
Council ADOPTED an Ordinance to transfer funds of $2,144,469 to the HEALTH
INSURANCE TRUST FUND.
Voting: 8-0
Council Members Voting Aye:
John A. Baum, Harold Heiscbober, Vice Mayor Barbara M. Henley,
H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones,
Reba S. McClanan, and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Nancy A. Creech, W. H. Kitchin, III, and J. Henry McCoy, Jr., D.D.S.
June 25, 1984
- 21a -
AN ORDINANCE TO TRANSFER FUNDS
OF $2,144,469 TO THE HEALTH
INSURANCE TRUST FUND
WHEREAS, the Health Insurance Trust Fund is projected to
have a deficit of $402,000 at June 30, 1984, due to inflation
in health care costs, and
WHERFAS, based on present trends the city's health
insurance plan for FY1985 is estimated to cost $5,117,878, and
WHEREAS, the budgeted city contribution for FY1985 is
$2,227,200 and employee deductions will provide $1,148,209
for a total of $3,375,409 which is $1,742,469 less than the
FY85 cost of the plan, and
WHERFAS, the deficit for the FY84 health care costs and
the deficit for tlie FY85 health care plan can be funded from
excess funds in the Reserve for Contingencies for the Blue
Cross deficit, and in excess funds in salary accounts
(city-wide) and in fringe benefit accounts (city-wide).
NOW THEPEFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH that funds of $2,144,469 be transferred as
indicated below to the Health Insurance Trust Fund to cover
the FY84 health care costs and FY85 health care plan deficits:
From:
Reserve for Contingencies -
Blue Cross deficit account $ 465,046
Personnel salaries (city-wide) 1,101,019
Fringe Benefits (city-wide) 578,404
Total Transfer $2 144 469
To:
Health Insurance Trust Fund $2 144 469
This ordinance shall be effective from the date of its
adoption.
Adopted by the Council of the City of Virginia Beach,
on 25 day of June 1984.
June 25, 1984
- 22 -
Item II-G.9
CONSENT AGENDA ITEM # 22123
Upon motion by Councilwoman Oberndorf, seconded by Councilman Baum, City
Council ADOPTED an Ordinance to transfer Capital Project Funds of $100,000
for site acquisition near RUDEE BRIDGE.
Voting: 8-0
Council Members Voting Aye:
John A. Baum, Harold Heischober, Vice Mayor Barbara M. Henley,
H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones,
Reba S. McClanan, and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Nancy A. Creech, W. H. Kitchin, III, and J. Henry McCoy, Jr., D.D.S.
June 25, 1984
22a -
z
z
0
0
z
0
AN ORDINANCE TO TRANSFER CAPITAL
0 PROJECT FUNDS OF $100,000 FOR
et SITE ACQUISITION NEAR RUDEE BRIDGE
CL
CL
WHEREAS, the Department of Public Works has identified
as a future need a capital project involving the construc-
tion of a second two-lane bridge at Rudee Inlet, and
WHEREAS, given present traffic volume on the existing
bridge and future development patterns in the area, the pro-
ject has great potential for advancing in priority in future
Capital Improvement Programs, and
WHERFAS, officials of the Department of Public Works
desire to begin site acquisition for the project in order to
acquire certain property before future development, and
WHEREAS, the Department indicates that for site
acquisition funds of $100,000 may be transferred from
various completed capital projects.
NOW THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH that project 2-903 Rudee Inlet Bridge is
hereby approved as a capital project and that for site
acquisition funds of $100,000 are hereby transferred as
follows:
Transfer from:
2-916 Cedar Hill Canal $ 40,000
2-950 Bridge Guardrail Installation 20,000
2-973 Pavilion Drive-Access Road 40,000
Total transfers from $100 000
Transfer to:
2-903 Rudee Inlet Bridge $100,000
This ordinance shall be effective from the date of its
adoption.
Adopted by the Council of the City of Virginia Beach,
Virginia on 25 day of June 1984.
June 25, 1984
JCM/ORD/11
- 23 -
Item II-G.10
CONSENT AGENDA ITEM # 22124
Upon motion by Councilwoman Oberndorf, seconded by Councilman Baum, City
Council ADOPTED an Ordinance to transfer Capital Project Funds of $74,348
to Project #2-016 WESTERFIELD ROAD AND DUNSTAN LANE.
Voting: 8-0
Council Members Voting Aye:
John A. Baum, Harold Heischober, Vice Mayor Barbara M. Henley,
H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones,
Reba S. McClanan, and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Nancy A. Creech, W. H. Kitchin, III, and J. Henry McCoy, Jr., D.D.S.
June 25, 1984
- 23a -
AN ORDINANCE TO TRANSFER
CAPITAL PROJECTS FUNDS OF $74,348
TO PROJECT #2-016 WESTERFIELD ROAD
AND DUNSTAN LANE
WHERFAS, the Department of Public Works presently has a policy
in which the city will improve residential streets to meet local standards
provided property owners share in the cost of the improvements, and
WHEREAS, residents of Westerfield Road and Dunstan Lane in the
Thoroughgood subdivision have signed agreements to pay the total installa-
tion and materials costs of curb and gutter based on their frontage along
the road, and
WHEREAS, the total cost of the improvement is estimated at
$74,348.42 with the landowners' share being $8,514.87 and the city's share
being $65,833.55, and
WHEREAS, funds for this project may be transferred from project
#2-837 Various Public improvements since that project was designed to handle
small projects of this nature.
NOW THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, that project #2-016 Westerfield Road is hereby established
as a capital project and that funds of $74,348 be transferred from project
#2-837 Various Public Improvements for improvements to residential streets.
Adopted by the Council of the City of Virginia Beach, Virginia
on the 25 day of June 1984.
APPROVED AS TO CONTENT
SIGNAIURE
DEPARTMENT
CITY ATTr,@N[@
June 25, 1984
KAR/2 ORDS
- 24 -
Item II-G.11
CONSENT AGENDA ITEM # 22125
Upon motion by Councilwoman Oberndorf, seconded by Councilman Baum, City
Council APPROVED the Financing proposal of SOUTHERN NATIONAL LEASING for
lease/purchase of MICRO COMPUTER SYSTEMS for various departments (FINANCE
- Accounting Division, PAVILION, PERSONNEL and PLANNING) totaling $112,598;
AND, authorized the City Manager to enter into the necessary agreements for
the lease/purchase of this equipment.
Voting: 8-0
Council Members Voting Aye:
John A. Baum, Harold Heischober, Vice Mayor Barbara M. Henley,
H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones,
Reba S. McClanan, and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Nancy A. Creech, W. H. Kitchin, III, and J. Henry McCoy, Jr., D.D.S.
June 25, 1984
- 25 -
Item II-C.12
CONSENT AGENDA ITEM # 22126
Upon motion by Councilwoman Oberndorf, seconded by Councilman Baum, City
Council APPROVED BINGO/RAFFLE PERMITS for the following:
Bingo/Raffle LITTLE NECK SWIM AND RACQUET CLUB, INC.
Raffle AUXILIARY TO VIRGINIA BEACH GENERAL
HOSPITAL
Voting: 8-0
Council Members Voting Aye:
John A. Baum, Harold Heischober, Vice Mayor Barbara M. Henley,
H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones,
Reba S. McClanan, and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Nancy A. Creech, W. H. Kitchin, III, and J. Henry McCoy, Jr., D.D.S.
June 25, 1984
- 26 -
Item II-G.13
CONSENT AGENDA ITEM # 22127
Upon motion by Councilwoman Oberndorf, seconded by Councilman Baum, City
Council ADOPTED an Ordinance authorizing Tax Refunds in the amount of $1,580.42
upon application of certain persons and upon certification of the Treasurer
for payment.
Voting: 8-0
Council Members Voting Aye:
John A. Baum, Harold Heischober, Vice Mayor Barbara M. Henley,
H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones,
Reba S. McClanan, and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Nancy A. Creech, W. H. Kitchin, III, and J. Henry McCoy, Jr., D.D.S.
June 25, 1984
- 26a -
FtM NO. C.A. 7 6/7/84 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 applications for tax refunds upon certification of the Treasurer are hereby approved:
NAME Tax Type Ticket Exonera- Date Penalty Int. Total
Year of Tax Number tion No. Paid
Elroy & Candy Kihano 82 pp 154524-1 2/3/83 100.56
Elroy & Candy Kihano 83 pp 78858-8 6/1/84 117.20
Tim Nolte 83 pp 195789-3 4/19/84 33.78
Geri A Bergstresser 83 pp 162480-5 11/9/83 14.8"'
Clayton N & Helen M Vaughan 83 pp 146422-0 6/5/83 45.00
Peter W Cham ion 83 pp 164924-5 12/5/83 77.52
Phyllis P Gi@lio 83 pp 195220-0 3/30/84 79.20
Maxton M Midgett Jr 83 pp 92063-0 5/25/83 69.00
John Arnesen 84 pp 4644-2 5/18/84 206.28
John Arnesen 84 pp 4645-1 5/18/84 258.00
James & Elizabeth Simmons 84 pp 139156-6 5/18/84 196.50
Ardis M Emanuelson 84 pp 46693-3 5/21/84 92.64
Dominador Rendero N/A Pkng 6781 4/13/84 20.00
NBD Mortgage 84 RE@1/2) 40288-8 12/5/83 38.00
Bon Dence Associates 84 RE 112) 7755-1 12/5/83 231,92
Total 1,580.42
This ordinance shall be effective froni date of adoption.
The above abatement(s) totaling c
- were approved by
the Council of the City of Virginia
Beach on the--day of
J(
Approved as to form:
Ruth Hodges Smith
City Clerk
ty Attorney
- 27 -
Item II-H. 1
PLANNING ITEM # 22128
Bruce Mills, applicant, represented himself
Upon motion by Councilwoman Oberndorf, seconded by Councilman Jennings,
City Council APPROVED, subject to Final Approval in 180 days, an
Ordinance closing, vacating and discontinuing a portion of Pennsylvania
Avenue in the petition of BRUCE B. MILLS.
Ordinance upon application of Bruce B. Mills for the
discontinuance, closure and abandonment of a portion
of Pennsylvania Avenue beginning at the northern boundary
of Second Street and running in a northerly direction a
distance of 157.50 feet. Said parcel is 50 feet in width
and contains 7,875 square feet. KEMPSVILLE BOROUGH.
Approval was subject to the following:
1. Resubdivision of the property and vacation of internal
lot lines to incorporate the closed area into adjoining
parcels, as well as to insure that all lots have access
to a public street.
2. The closure of this right-of-way shall be contingent
upon compliance with the above-stated conditions within
180 days of the approval of City Council.
Voting: 8-0
Council Members Voting Aye:
John A. Baum, Harold Heischober, Vice Mayor Barbara M. Henley,
H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones,
Reba S. McClanan, and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Nancy A. Creech, W. H. Kitchin, III, and J. Henry McCoy, Jr., D.D.S.
June 25, 1984
- 27a -
CERTIFICATE OF VESTING OF TITLE
1, Joseph T. WaIdL) attorney for Bruce B. Mills, do
hercby certify thIL:
1. I am an attorney at law and represent Bruce B. Mills, the
petitione r.
2 . 11 t:li(@ i-)rc)l@(!i-ty (](isci-ibed below is cliscontinut,-cl, closed and
vacited by the Council of the City of Virginia Beach, Virginia, then title to
said property will vest in the adjacent landowners;
The said property referred to herein is hereby described as follows:
ALL THAT certain portion of PENNSYLVANIA
AVENUE as appears on the Plat of "Midway",
a copy of which plat is duly recorded in the
Circuit CourL Clerk 8 Office of Virginia Beach,
Virgiiiiii, in Mitp Buult 7, aL Page 130, Llit! liul-tiuli
to be vacated being oullined in red on the attached
survLy and being more particularly bounded and
described as follows:
BEGINNING at a point, which point is located at
the southwest corner of Lot 17, Block 8; thence,
fruiii said puint of beginning, N 06' - 57,-2511 W
1 57. 50 feet to a point which point is located at the
southwest corner of Lot 12, Block 8; thence,
ttil'ililig @til(I 1-tiiiiiiiig S 8'3@ -02 -3@,11 W 50. UO i,!,!L
to a point which puint is located at the northeast
corner of Lot 13, Block 7; thence turning and
running S 06 1 -57 -25" E 157. 50 feet to a point
which point is the southeast corner of Lot 17,
Btock 7; thence turning and running N 83* -02
35" E 50.00 feet to the point of beginning.
Joseph T. Watdo
Attorney- at- Law
Rolm Centre
Suite 301
,1701 Columbus Street
Virginia Beach, Virginia 23462
June 25, 1984
- 27b -
ORDINANCE NO:
IN THE MATTER OF CLOSING, VACATING AND
DISCONTINUING A P01@TION OF THAT CERTAIN
STREET KNOWN AS PENNSYLVANIA AVENUE,
LOCATED IN THE KEMPSVILLE BOROUGH OF
THE CITY OF VIRGINI-A BEACH, VIRGINLA.
WHEREAS, it appearing by affidavit that proper notice has been
given by Bruce B. Mills that he would make application to the Council of the
City of Virginia Beach, Virginia, on , to have
the hereinafter described street dlscontinued, closed, and vacated; and
WHEREAS, it is the judgement of the Council that said street be
discontinued, closed and vacated:
NOW THEREFORE,
SECTION I
BE IT ORDAINED by the Council of the City of Virginia Beach,
Virginia, that the hereinafter described street be discontinued, closed, and
vacated:
ALL THAT certain portion of PENNSYLVANI.A
AVENUE as appears on the Plat of "MidwaY",
a copy of which plat is duly recard(-d in the
Circuit Court Clerk's Office of Virginia Beach,
Virginia, in Map Book 7, at Page 1 30, the portion
to be vacated being outlined in red on the attached
survey and being more particularly bounded and
described as follows:
BEGINNING at a point, which point is located at
the southwest corner of Lot 1 7, Block 8 ; thence,
from said point of beginning, N 06@ -57'-25" W
1 57. 50 feet to a point which point is located at the
southwest corner of Lot 12, Block 8; thence,
turning and running S 83 * -02'-35" W 50. 00 feet
to a point which point is located at the northeast
corner of Lot 13, Block 7; thence turning and
running S 06 @ -57'-25" E 157. 50 feet to a point
which point is the southeast corner of Lot 17,
Block 7; thence turning and running N 83* -02'-
3511 E 50. 00 feet to the point of beginning.
SECTION II
A certified copy of this Ordiance shall be filed in the Office of the
Circuit Court of the City of Virginia Beach, indexed in the narne of the City of
Virginia Beach, as grantor.
SECTION III
This Ordinance shall be effective thirty (30) days from the date of its adoption.
June 25, 1984
- 28 -
Item II-H.2
PLANNING ITEM # 22129
Gary Montalbine, represented the applicant
Upon motion by Councilman Heischober, seconded by Councilwoman Oberndorf, City
Council ADOPTED an Ordinance upon application of BAYSIDE REPAIR SERVICES, INC.
T/A BAYSIDE LAWN EQUIPMENT for a Conditional Use Permit per the following:
ORDINANCE UPON APPLICATION OF BAYSIDE REPAIR SERVICE,
INC., T/A BAYSIDE LAWN EQUIPMENT FOR A CONDITIONAL
USE PERMIT FOR SMALL ENGINE REPAIR R0684644
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
Ordinance upon application of Bayside Repair Service, Inc.
T/A Bayside Lawn Equipment for a Coftditional Use Permit
for small engine repair at the southeast corner of Shell
Road and Bradford Road on Lots 51 and 52, Bradford Park.
Parcel located at 4853 Shell Road and contains 14,810
square feet. BAYSIDE BOROUGH.
This Ordinance shall be effective upon the date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia on the
Twenty-fifth day of June, Nineteen Hutdred and Eighty-four.
*Correction was made to the AGENDA of the City Council which listed the
address as 4583 Shell Road rather than 4853 Shell Road.
Voting: 8-0
Council Members Voting Aye:
John A. Baum, Harold Heischober, Vice Mayor Barbara M. Henley,
H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones,
Reba S. McClanan, and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Nancy A. Creech, W. H. Kitchin, III, and J. Henry McCoy, Jr., D.D.S.
June 25, 1984
- 29 -
Item II-H.3
PLANNING ITEM # 22130
Bill Schlimgen represented the applicant
Upon motion by Councilwoman McClanan, seconded by Councilman Jennings, City
Council ADOPTED an Ordinance upon application of the TRUSTEES OF SIR GALARAD
COMPANY for a Change of Zonirig per the following:
ORDINANCE UPON APPLICATION OF THE TRUSTEES OF SIR GALAH"
COMPANY FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION
FROM R-6 TO I-I zo684863
ordinance upon application of the Trustees of Sir Galahad
Company for a Chang6 bf Zoning Digtritt Classification
from R-6 Residential District to 1-1 Light Industrial
District on the east side of Holland Road, 200 feet more
or less north of Landstown Road on Lots 1 thru 20 and
23 thru 25, Starling Farms. Said property contains
80.6 acres. PRINCESS ANNE BOROUGH.
The following condition shall be required:
1. Location of buildings as far back as possible from Holland
Road and Dam Neck Road.
AND,
Prior to the changing of the official zoning maps, the following conditions
will be required:
1. Dedication of a 10-foot temporary construction easement
and the permanent drainage easements as shown on Sheets
9 and 10 of the Holland Road Phase IV Plans on file with
the Department of Public Works/Engineering Division.
2. A variable width dedication along the frontage on Dam Neck
Road, 55 feet from the centerline of the existing variable
width right-of-way to provide for an ultimate 110-foot
right-of-way as per the Master Street and Highway Plan.
3. The developer shall resubdivide the subject property in
accordance with City standards for industrial development
and so that no lots will have direct access to either
Holland Road or Dam Neck Road.
4. Provision of a 20-foot landscape buffer along the northern
boundary adjacent to residential zoning.
5. Provision of landscaped buffers along Holland Road
and Dam Neck Road in accordance with City standards.
This Ordinance shall be effective upon the date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia on the
Twenty-fifth day of June, Nineteen Hundred and @l hty-four.
June 25, 1984
- 30 -
Item II-H.3
PLANNING ITEM # 22130 (Continued)
Voting: 8-0
Council Members Voting Aye:
John A. Baum, Harold Heischober, Vice Mayor Barbara M. Henley,
H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones,
Reba S. McClanan, and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Nancy A. Creech, W. H. Kitchin, III, and J. Henry McCoy, Jr., D.D.S.
June 25, 1984
- 31 -
Item II-H.4
PLANNING ITEM # 22@31
Letter from Attorney Grover C. Wright referenced, requesting DEFERREL of
the application of R. G. MOORE until the City Council Meeting of July 2, 1984
(Copy of said letter is hereby made a part of the record).
Speaker: Robert B. Engesser
Upon motion by Councilwoman McClanan, seconded by Councilman Baum, City
Council DEFERRED for two weeks until the City Council Meeting of July 2,
1984, an Ordinance upon application of R. G. MOORE for a Change of Zoning
per the following:
ORDINANCE UPON APPLICATION OF R. G. MOORE BUILDING CORPOR-
ATION FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM
AG-2 TO B-2
Ordinance upon application of R. G. Moore Building Corp.,
for a Change 6f Zbning District Classifitation from AG-2
Agric@ltural District to B-2 Community-Business District
on certain property located on the east side of Oceana
Boulevard beginning at a point 900 feet more or less south
of Culver Lane, running a distance of 438.02 feet along the
east side of Oceana Boulevard, running a distance of 991
feet along the southern property line, running a distance
of 490.91 feet along the eastern property line and running
a distance of 926.25 feet along the northern property line.
Said parcel contains 10.100 acres. PRINCESS ANNE BOROUGH.
Voting: 7-0
Council Members Voting Aye:
John A. Baum, Harold Heischober, Vice Mayor Barbara M. Henley,
Mayor Louis R. Jones, Robert G. Jones, Reba S. McClanan, and
Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Nancy A. Creech, W. H. Kitchin, III, and J. Henry McCoy, Jr., D.D.S.
Council Members Abstaining:
H. Jack Jennings, Jr.
June 25, 1984
- 32 -
Item II-H.5
PLANNING ITEM # 22132
Frank Butler represented the applicant
Upon motion by Councilman Baum, seconded by Councilman Heischober, City
Council ADOPTED Ordinances upon application of HICKORY CORPORATION for
Changes of Zoning per the following:
ORDINANCE UPON APPLICATION OF HICKORY CORPORATION FOR
A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM R-3 TO
R-5 Z0684864
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
Ordinance upon application of Hickory Corporation for a
Change of Zoning District Classification from R-3 Resi-
dential District to R-5 Residential District on certain
property located on the s@uth side of London Bridge Road
beginning at a point 2250 feet more or less east of Pine
View Avenue, running a distance of 77.56 feet along the
south side of London Bridge Road, running a distance of
1632.63 feet along the eastern property line, running a
distance of 420 feet more or less along the southern
property line, running a distance of 970.10 feet along
the western property line, running a distance of 297.38
feet in a southeasterly direction, running a distance of
74.04 feet in a northeasterly direction, running a dis-
tance of 58.62 feet in a southeasterly direction, and
running a distance of 383.39 feet in a northeasterly
direction. Said parcel contains 10.87 acres. PRINCESS
ANNE BOROUGH
AND,
ORDINANCE UPON APPLICATION OF HICKORY CORPORATION FOR
A CHANGE OF ZONING DISTRTCT CLASSIFICATION FROM AG-1
TO R-5 Z0684865
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
Ordinance upon application of Hickory Corporation for a
Change of Zoning District Classification from AG-1 Agri-
cultural District to R-5 Residential District on certain
property located 1480 feet more or less south of London
Bridge Road beginning at a point 1500 feet more or less
east of Pine View Avenue, running a distance of 341.36
feet along the southern property line, running a distance
of 200 feet more or less along the eastern property line,
running a distance of 420 feet more or less along the
northern property line and running a distance of 407.32
feet along the Western property line. Said parcel con-
tains 2.64 acres. PRINCESS ANNE BOROUGH.
These Ordinances shall be effective upon the date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia on the
Twenty-fifth day of June, Nineteen Hundred and Eighty-four.
June 25, 1984
- 33 -
Item II-H.5
PLANNING ITEM # 22132 (Continued)
Voting: 7-0
Council Members Voting Aye:
John A. Baum, Harold Heischober, Vice Mayor Barbara M. Henley,
H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones,
and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Nancy A. Creech, W. H. Kitchin, II1, and J. Henry McCoy, Jr., D.D.S.
Council Members Abstaining:
Reba S. McClanan
June 25, 1984
- 34 -
Item II-H.6
PLANNING ITEM # 22133
Attorney Moody Stallings represented the applicant
Upon motion by Councilwoman McClanan, seconded by Councilman Heischober,
City Council ADOPTED an Ordinance upon application of MHRS ASSOCIATES
and/or ASSIGNS for a Change of Zoning per the following:
ORDINANCE UPON APPLICATION OF MHRS ASSOCIATES AND/OR
ASSIGNS FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION
FROM AG-1 TO B-2 Z0684866
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
Ordinance upon application of MHRS Associates and/or
Assigns for a Change of Zoning District Classification
from AG-1 Agricultural District to B-2 Community-Busi-
ness District on certain property located 600 feet west
of General Booth Boulevard beginning at a point 1020
feet more or less north of Dam Neck Road, running a dis-
tance of 480 feet more or less in a northeasterly direction,
running a distance of 420 feet more or less in a north-
westerly direction, running a distance of 110 feet in a
westerly direction, running a distance of 540 feet more
or less in a southeasterly direction, running a distance
of 120 feet in a southwesterly direction and running a
distance of 250 feet in a southeasterly direction. Said
parcel contains 4 acres more or less. PRINCESS ANNE
BOROTJGH.
The following condition shall be required:
1. Landscape Buffer in addition to Fence shall be pro-
vided along the Back of the property near the Redwing
Park area.
This Ordinance shall be effective upon the date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia on the
Twenty-fifth day of June, NineteOn Hundred and Eighty-four.
Voting: 8-0
Council Members Voting Aye:
John A. Baum, Harold Heischober, Vice Mayor Barbara M. Henley,
H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones,
Reba S. McClanan, and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Nancy A. Creech, W. H. Kitchin, III, and J. Henry McCoy, Jr., D.D.S.
June 25 1984
- 35 -
Item II-B.7
PLANNING ITEM # 22134
Mayor Jones referenced notification by Attorney of illness and necessity
to DEFER the application of John A. Brown for one week.
Lieutenant Commapnder Petrie represented the opposition but had no objection
to the DEFERRAL
This item was moved forward on the AGENDA after the Application of the Trusttes
of Sir Galahad Company.
Upon motion by Councilman Jennings, seconded by Councilman Jones, City Council
DEFERRED for one week until the City Council Meeting of July 2, 1984, the
Application of JOHN A. BROWN for a Change of Zoning per the following:
ORDINANCE UPON APPLICATION OF JOHN A. BROWN FOR A CHANGE
OF ZONING DISTRICT CLASSIFICATION FROM R-5 TO A-2
Ordinance upon application of John A. Brown for a Change
of Zoning District Classification from R-5 Residential
District to A-2 Apartment district on certain property
located at the northwest intersection of Reagan Avenue
and Old Great Neck Road, running a distance of 290.4
feet along the north side of Reagan Avenue, running a
distance of 122.1 feet along the western property line,
running a distance of 290.4 feet along the northern
property line and running a distance of 122.1 feet along
the west side of Old Great Neck Road. Said parcel is
located at 405 Old Great Neck Road and contains 35,458
square feet. LYNNHAVEN BOROUGH.
Voting: 8-0
Council Members Voting Aye:
John A. Baum, Harold Heischober, Vice Mayor Barbara M. Henley,
H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones,
Reba S. McClanan, and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Nancy A. Creech, W. H. Kitchin, Ill, and J. Henry McCoy, Jr., D.D.S.
June 25, 1984
- 36 -
Item II-I. 1-8
APPOINTMENTS ITEM # 22135
By CONSENSUS, City Council RESCHEDULED Appointments until they RECONVENE
on June 27, 1984, for the following:
ARTS AND HUMANITIES COMMISSION
EASTERN VIRGINIA HEALTH SYSTEMS AGENCY
EASTERN VIRGINIA MEDICAL AUTHORITY
HOUSING BOARD OF APPEALS
SOCIAL SERVICES BOARD
SOUTHEASTERN TIDEWATER OPPORTUNITY PROJECT
SOUTHEASTERN VIRGINIA PLANNING DISTRICT COMMISSION
VOLUNTEER COUNCIL
June 25, 1984
- 37 -
Item II-J.1
UNFINISHED BUSINESS ITEM # 22136
ADD-ON
Upon motion by Councilwoman Oberndorf, seconded by Councilman Jones, City
Council APPROVED requesting the City Manager to prepare a proposal to
select a Professional Engineering Firm to study our existing MASTER
STREET AND HIGHWAY PLAN or any proposed improvements to existing roads;
and, make recommendations for future Council considerations to AMEND
this Plan.
Voting: 8-0
Council Members Voting Aye:
John A. Baum, Harold Heischober, Vice Mayor Barbara M. Henley,
H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones,
Reba S. McClanan, and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Nancy A. Creech, W. H. Kitchin, 111, and J. Henry McCoy, Jr., D.D.S.
June 25, 1984
- 38 -
Item II-K. 1
NEW BUSINESS ITEM # 22137
DRAINAGE PROBLEMS AT PELICAN DUNES
The following spoke concerning the Drainage Problems:
Mary Morgan, resident, referenced a list of eighteen (18) families
who were not able to attend the City Council Meeting
Margaret Daugherty, resident, referenced highway problem in the Moore
development (Water Oaks) north of Pelican Dunes.
Charles Thompson, resident for six years, referenced catchment basins being
above ground level
By CONSENSUS, City Council referred the drainage problems of PELICAN
DUNES to the City Manager for further study and advice.
June 25, 1984
- 39 -
Item II-K.2
NEW BUSINESS ITEM # 22138
ADD-ON
HUMANA OF VIRGINIA, INC.
Douglass W. Dewing represented the applicant
Upon motion by Councilman Jennings, seconded by Councilwoman Oberndorf,
City Council scheduled for the Council Meeting of July 9, 1984, the request
of HUMANA OF VIRGINIA, INC. (Bayside Hospital) for the waiver of a condition
imposed upon tbe Conditional Use Permit granted EXTENDICARE, INC. on October
9, 1972. (They wish to further subdivide the property).
Voting: 7-0
Council Members Voting Aye:
John A. Baum, Vice Mayor Barbara M. Henley, H. Jack Jennings, Jr.,
Mayor Louis R. Jones, Robert G. Jones, Reba S. McClanan, and
Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Nancy A. Creech, W. H. Kitchin, III, and J. Henry McCoy, Jr., D.D.S.
Council Members Abstaining:
Harold Heischober
June 25, 1984
- 40 -
Item II-K.3
NEW BUSINESS ITEM # 22139
ADD-ON
ALOT CORPORATION
Upon motion by Councilwoman McClanan, seconded by Councilwoman Oberndorf,
City Council scheduled for the Council Meeting of July 9, 1984, the request
of ALOT CORPORATION for the waiver of a condition imposed upon the Change
of Zoning District Classification granted OCEANSIDE ENTERPRISES, INC. on
June 9, 1980. (This condition involved the improvement of Bratten Road.)
Voting: 8-0
Council Members Voting Aye:
John A. Baum, Harold Heischober, Vice Mayor Barbara M. Henley,
H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones,
Reba S. McClanan, and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Nancy A. Creech, W. H. Kitchin, III, and J. Henry McCoy, Jr., D.D.S.
June 25, 1984
- 41 -
Item II-K.4a.
NEW BUSINESS ITEM # 22140
ADD-ON
SOUTHEASTERN PUBLIC SERVICE AUTHORITY
Upon motion by Councilman Baum, seconded by Councilman Heischober, City
Council ADOPTED the following Ordinance:
ORDINANCE AUTHORIZING THE CITY MANAGER TO ENTER
INTO AN AGREEMENT WITH THE SOUTHEASTERN PUBLIC
SERVICE AUTHORITY FOR USE AND SUPPORT OF ITS
SOLID WASTE DISPOSAL SYSTEM
Voting: 8-0
Council Members Voting Aye:
John A. Baum, Harold Heischober, Vice Mayor Barbara M. Henley,
H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones,
Reba S. McClanan, and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Nancy A. Creech, W. H. Kitchin, III, and J. Henry McCoy, Jr., D.D.S.
June 25, 1984
- 4]a
AN ORDINANCE AUTHORIZING THE CITY
MANAGER TO ENTER INTO AN AGREEMENT WITH
THE SOUTHEASTERN PUBLIC SERVICE
AUTHORITY POR USE AND SUPPORT OF ITS
SOLID WASTE DISPOSAL SYSTEM
WHEREAS, the SOLitheastern Public Service Authority
desires to maintain a safe, sanitary and environmentally sound
solid waste disposal system to accept and dispose of the
disposable waste of the C4-ty of Virginia Beach and various other
localities in the region; and
WHEREAS, the City of Virginia Beach desires to use and
support the Southeastern Public Service Authority's solid waste
disposal system by providing for the disposal of its solid waste
generated within, collected by, or otherwise under the control of
the City of Virginia Beacli; and
WHEREAS, the Agreement is in compliance with the
authorization and mandate of the Virginia Water and Sewer
Authority's Act.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE
CITY OF VIRGINIA BEACH, VIRGINIA:
That the City Manager is hereby authorized to enter
into on behalf of the City of Virginia Beach an agreement for use
and support of the Southeastern Public Service Authority's solid
waste disposal system, and to amend such agreement in any manner
mutually agreeable to both the Southeastern Public Service
Authority and the City of Virginia Beach.
Adopted by the Council of the City of Virginia Beach,
Virginia, this 25 day of June 1984.
MES/sm
(E)
6/25/84
June 25, 1984
- 42 -
Item II-K.4b-
NEW BUSINESS ITEM # 22141
ADD-ON
SOUTHEASTERN PUBLIC SERVICE AUTHORITY
Upon motion by Councilman Baum, seconded by Councilman Heischober, CitY
Council ADOPTED the following Ordinance:
ORDINANCE AUTHORIZING THE CITY MANAGER TO ENTER
INTO AN AGREENENT FOR DISPOSAL OF ASH AND PROCESS
RESIDUE BY THE SOUTHEASTERN PUBLLC SERVICE AUTHORITY
AND THE VIRGINIA BEACH SANITARY LANDFILL
Voting: 8-0
Council Members Voting Aye:
J.hn A. Baum, Harold Heischober, Vice Mayor Barbara M. Henley,
H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones,
Reba S. McClanan, and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Nancy A. Creech, W. H. Kitchin, III, and J. Henry McCoy, Jr., D.D.S.
June 25, 1984
- 42a
AN ORDINANCE AUTHORIZING THE CITY
MANAGER TO ENTER INTO AN AGREEMENT FOR
DISPOSAL OF ASH AND PROCESS RESIDUE BY
THE SOUTHEASTERN PUBLIC SERVICE
AUTHORITY AND THE VIRGINIA BEACH
SANITARY LANDFILL
WHEREAS, the Southeastern Public Service Authority
desires to dispose of power plant ash and residue generated by
processing solid waste into a useable fuel at its refuse-derived
fuel processing plant in the sanitary landfill in the City of
Virginia Beach; and
WHEREAS, the City of Virginia Beach is willing to
accept such power plant ash and process residue subject to
certain terms, provisions and conditions.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE
CITY OF VIRGINIA BEACH, VIRGINIA:
That the City Manager is hereby authorized to enter
into on behalf of the City of Virginia Beach an agreement for
disposal of ash and process residue by the Southeastern Public
Service Authority in the Virginia Beach sanitary landfill, and to
amend such agreement in any manner mutually agreeable to both the
Southeastern Public Service Authority and the City of Virginia
Beach.
Adopted by the Council of the City of Virginia Beach,
Virginia, this 25 day of June 1984.
MES/sm
(E)
6/25/84
June 25, 1984
AGREEMENT FOR USE AND SUPPORT OF A
SOLID WASTE DISPOSAL SYSTEM
This AGREEMENT, dated this day of
, 198_, by ana between the SOUTHEASTERN
PUBLIC SERVICE AUTQORITY OF VIRGINIA, hereinafter referred to
as the "Authority" and the CITY OP VIRGINIA BEACH, VIRGINIA,
hereinafter referred to as the *City".
ARTICLE I - BASIC INTENT AND PURPOSE
1. This Agreement is entered into pursuant to the
authorization and mandate of the Virginia Water and Sewer
Authorities Act.
2. The Authority, subject to the terms, provisions and
conditions hereinafter set out and in accordance.with the pro-
cedures and provisions hereinafter made and declared, desires
to maintain a safe, sanitary, and environmentally sound solid
waste disposal system and for and by such system accept and
dispose of the disposable solid waste of the City subsequent to
the start-up of said system.
3. The City, subject to the terms, provisions and
conditions hereinafter set out and in accordance with the pro-
cedures and provisions hereinafter made and declared, desires
to use and support the Authority's solid waste disposal system
by providing for the disposal by means of the Authority
disposal system of the disposable solid waste generated within,
collected by, or otherwise under the control of the City.
hRTICLE 11 - DEFINITIONS
1. Disposable Solid Waste (hereinafter OSWY any Solid
Waste other than Hazardous Waste, including especially material
having energy value but curcently being discarded without
recovery of such energy value.
2. DisPosal system all those plants and facilities of
Authority designed to collect, manage and dispose of Solid
Waste and those designed to recover and use the energy from
Processable Solid Waste and the land, structures, vehicles and
equipment for use in connection th.ecewith.
3. Hazardous Waste - Solid Waste which because of its
quantity, concentration, or physical, chemfcal or infectious
charactertstice mayt (a) cause or significantly contribute to
an increase in moitality or an increase in serious
irreversible, or incapacitating reversible, illness; or (b)
pose a substantial present or potential hazard to human health,
the Disposal System, or the environment when treated, stored,
transported, disposed of or otherwise managed.
4. Plan of Operation - a plan adopted by the Authority
setting forth the types of material acceptable to the Authority
for disposal, times and places where material will be receivod
by the Authority, methods of collecting fees charged by the
Authority for disposal service, and such other information as
will describe operating procedures, control use of the Disposal
System and provide instruction and guidelines to users of the
System. The Plan of Operation in effect on the date hereof is
attached hereto, but such Plan may be amended by the Authority
from time to time.
S. Solid Wasie - all material customarily referre4 to as
garbage and refuse and also al@dge from a waste treatment
plant, water supply treatment plant, or air pollution control
facility and other discarded material, including solii, liquid,
semisolid, or contained gaseous material resulting from
industrial, commercial, mining, and agricultural operations,
and from community activities, but not including solid or
dissolved material in domestic sewage, or solid or dissolved
-2-
materials in irrigation retuen flows or Lndustrial discharges
which are point sources subject to permits under Section 402 of
the Pedecal Water Pollution Control Act, as amended (96 STAT.
980) or source, special nunlear, or by product material as
defined by the Atomic Energy Act -of 1954, as amended (68 STAT.
923).
6. Tipping Fee - the charge made by the Authority tor
the disposal of.DSW.
ARTICLE Ill - TERM OF AGREEMENT
1. This Agreement shall become effective and operations
hereunder shall commencb on the date fixed dnder the contract
between the Authority and the United.States Governmeni as the
Start-Up date of the refuse derived fuel (RDF) processing plant
of the Authority. The Authority shall give the City maximum
practical advance notice of the date on which operations
hereunder and the acceptance and handling of DSW are to com-
mence. This Agreement shall continue for a term ending thirty
(30) years from the Start-Up Date of the RDF processing plant,
and at such time as the Start-Up date of the RDF processing
plant is determined, that date and the term of this-Agreement
herein provided for shall be evidenced by a supplemental
written memorandum from the Authority to the City.
ARTICLE IV - DELIVElkY CONDITIONS
1. The City hereby agrees to deliver or cause to be
delivered to the Disposal System in accordance with the Plan of
Operation# substantially all (at least ninety five percent per
year) the DSW which is generated or collected by or within oc
under the control of the City. Subject to the terms and
conditions of this Agreement and the Plan of Operation attached
hereto and made a part hereof as it may be modified from time
-3-
to time by the AuthoCity, the Authority hereby agrees to
receive and accept all DSW delivered to the Disposal System by
the City during the term of this Agreement and further agrees
to properly dispose of it.
2. The City hereby agrees that all OSW to be delivered
to the Authority pursuant to this Agreement shall be delivered
in accordance with the terms and conditions set forth in the
Plan of Operation, which plan may be modified from time to time
by the Authority.
ARTICLE V - DELIVERY POINTS
1. The Authority shall provide at least two points of
delivery to the City for the disposal of DSW. The location of
all delivery points shall be specified in the Plan of operation
but shall include at a minimum, two points of delivery within
the City for the disposal of DSW which does not require special
methods of handling or disposal. The Authority shall have the.
right to designate a separate point or points of delivery for
any grades or categories of DSW which in its opinion iequire
special handling or methods of disposal.
2. The Authority shall have the right, but not the obli-
gation, to establish additional points of delivery from time to
time within or without the corporate limits of the City, sub-
ject to consent of the local governing body wherein any such
delivery point is to be established.
3. In the event that the Authority exercises its right
to establish other points of delivery, the City shall have the
right to dispose of or cause the disposal of DSW at any or all
delivery points, subject to the right of the Authority as
provided above to designate separate points of lelivery for
special categories of DSW.
-4-
ARTICLE VI - TIPPING FEES
1. The City agrees to pay to the Authority Tipping Poes
as established under fee scbedules adopted by the Authority in
accordance with the Virginia Water and Sewer Authorities Act,
for the disposal of DSW delivered to the Disposal System by the
City. The Authority may establish individual fee schedules for
various types of users and grades or categories of DSW which
require special handling or methods of disposal, but the
Tipping Fee schedules so established by the Aut6ority shall in
no event be based upon, or distinguish between users on the
basis of, the point of delivery used or the distance of any
user from a delivery point established by the Authority. No
Tipping Fee will be charged to any users who deliver household
DSW to the Authority for disposal in a privately owned automo-
bile or a low-side pickup truck. For purposes of this clas-
sification, "household DSWO shall mean Solid Waste which, in
the judgment of the Authority, is normally producel by a single
family residential household, and the Authocity reserves the
right, in its sole discretion, to classify any user wfio
delivers non-household DSW by means of a privately owned auto-
mobile or low-side pickup truck as a user subject to the
payment of Tipping Fees. The Authority shall invoice the City
for the Tipping Fees on a monthly basis, within ten (10) days
aftec the end of the month. Said invoices will show the total
tonnage received by the Authority from the City during the
billing period for each category of DSW for which separate
Tipping Fees are establishe4 and such other information as the
Authority deems appropriate. Such invoices shdll be due and
payable on the last day of the month following the month
covered by the invoice.
2. OSW delivered to any delivery point will be weighed
or otherwise measured for the p@rpose of determining actual
amount received. Fractions of tons actually received shall be
invoiced on an accumulated basis each month. in the event of
inoperation of the Authority's weighing scales or other
measuring device for purposqis of maintenance, repair, or
replacement, an estimate of DSW actually received will be
computed based on the average amount received per vehicle, when
dumping records for such vehidle for the twelve (12) full
months immediately preceding are available, or, when such
records are not available, will be computed based on the aiier-
age amount received per vehicle of like size and/oc compaction
ratio.
3. Nothing in this article shall exempt the Authority
frbm requirements of general law with respect to setting of I
fees and rates for services offered. 14othing in this article
shall require the City to pay disposal fees for bgW delivered
to the Disposal System by anyone other than the City except
collectors unier 6ontract with the City.
ARTICLE VII - TITLE TO SOLID WASTE
1. The City agrees Lhat it will assign and transfer to
Authority, all of its right, title and interest in and to all
DSW delivered to and accepted by the Authority pursuant to this
Agreement and such ownership shall vest in the Authority when
recorded by the Authority's weighing scales ot other measuring
devices at a delivery point, except that title to Hazardous
Waste shall not vest in the Authority even if recorded by the
Authority's measuring devices. However, inoperation of the
Authority's weighing scales or measuring devices shall not
alter the transfer of title of DSW to the Authocity, if it is
otherwise accepted. City furthee agrees to join with AUthority
in defense of any adverse claim to ownership of DSW.
ARTICLE VIII - RIGHT TO CURE DEPAOLTS
in the event of default under this Agreement, the
nondefaulting party shall have the right, but not the obliga-
tion, to cure such default and to charge the defaulting party
for the cost of curing said default, including the right to
offset said costs of curinq the default against any sums due or
which become due to the defaulting party under this Agreement.
ARTICLE IX - SO PARTNERSHIP
nothing herein shall be construed to constitute a joint
venture between the Authority and the City or the formation of
a partnership.
ARTICLE X -,,FORCE MAJEURB
1. *Force Majeure* shall mean any cause beyond the rea-
sonable control of the party whose performance is affect6d,
including but not limited to acts of God, war, riot, fire,
explosion,,wind storm, flood, labor disputes, inability to
obtain or use fuel, power, or raw materials, shortage or fail-
ure of the usual means of transportation, injunction, govern-
mental action, accident, or breakdown of machinery or
equipment, whether or not any such occurrence is caused by the
negligence, active or otherwise, of the affected party, its
agents and employees. "Reasonable controls of a party shall
specifically exclude that party's ability to reach agreement in
a labor dispute and that party's ability to settleI or compro-
.mise lltigation.
-7-
2. Failure of either party to perform under this
Agreement, including failure of the City to deliver or cause to
be delivered DSW, and inability of the Authocity to accept OSW
at any or all delivery points, by reason of Porce Majeure shall
not constitute default or be cause for termination of this
Agreement. However, the party so failing to perform shall
immediately notify the other party of the failure, including
reasons therefor, and shall make reasonable efforts to correct
such fallure to perform at the earliest possible date.
3. If, by reason of Force Majeure, the Authority cannot
accept DSW at any or all delivery points assigned to the City,
the Authority shall immediately provide for and notify the City
of an alternate delivery point or alternate delivery points.
Any additional direct current cash expense to the City incurred
in using an alternate delivery point shall be borne by the
Authority. The City shall not be liable to the Authority for
any additional costs incurred by the Authority due to the
City's use of an altecnate disposal point, except that Tipping
Fees at an alternate delivery point owned by and/or operat2d by
or for the Authority, shall be applicable and dus the Authority
as if the alternate delivery point was a regularly assigned
delivery point for the City.
4. The City shall have the right, but not the obligation
to dispose,of or cause to be disposed of DSW at locations other
than the alternate delivery point at any time during which
Force majeure is in effect. During such time, Tipping Fees
shall not be due to the Authority for disposal of DSW at
delivery points other than those designated as alternate
delivery points or regularly assigned delivery points. Any
additional costs incurred by the City as a result of using
delivocy points other than those assigned as regular or alter-
nate delivery points shall be borne by the City.
ARTICLE XI - EXTENT OF AGREEMENT
This Agreement, together with the Plan of Operation,
represent the entire and integrated agreement between the City
and the Authority and supersede all prior negotiations,
repcesentations or agreements, either written or oral. This
hgreement may be amended only by a writing signed by both the
City and the Authority.
ARTICLE Xlt - ARBITRATION
All claims, disputes and other matters in quesiion arising
out of, or relating to, this Agreement or the bieach thereof
shall be decided by arbitration in Portsmouth, Virginia, in
accordance with the (rules) of the American Arbitration
Association then obtaining. This agreement to arbitrate shall
be specifically enforceable under the prevailing arbitration
law.
Notice of the demand for arbitration shail be filed in
writing with the other party to this hgreement and with the
American Arbitration Association. The demand shall be made
within a reasonable time after the claim, dispute or other mat-
ter in question has arisen. in no event shall a demand for
arbitration be made after the applicable statute of limitations
would bar institution of legal or equitable proceedings based
on such claim, dispute or other mattec in question.
The award rendered by the arbitrators shall be final, and
judgment may be entered upon it in any court having
jurisdiction thereof.
-9-
ARTrCLE xrrr - GENERAL
rn the event any provision of this Agreement shall be held
to be invalid and unenforceable, the remaining provisions shall
be valid and binding upon the parties. One or more waivers by
either party of any provision, term,,condition or covenant
shall not be construed by the other party as a waiver of a sub-
sequent breach of the same by the other party.
Neither the City nor the Authority shall delegate its
duties under this Agreement without the written consent of the
other.
rH sirTNESS KHREOPT the Authority and the City have caused
this agreement to be executed on their behalf and their seal to
be affixed and attested by officials thereunto duly authocized,,
all as of the day and year first above written.
SOUTgEASTERN PUALIC scrvrce
AUTHORITY OF VIRGINIA
By:
ATTESTs
CITY OF VIRGrnrA BEACH
By:
ATTEST:
APPROVED AS TO FORM
By:
City Attorney
I CITY OF VIRGINIA BEACH/SPSA
2 AGREEMENT FOR DISPOSAL OF ASH AND PROCESS RESIDUE
3 THIS AGREEMENT, Made this _ day of
4 19 by and between the CITY OF VIRGINIA BEACH, a municipal
5 corporation of the state of virginia, hereinafter called
6 "Virginia Beach,' or 'The City" and the Southeastern Public
7 Service Authority of Virginia, hereinafter called the
8 "Authority."
9 W I T N E S S E T H:
10 WHEREAS, the Authority desires to dispose of power plant
11 ash and residue generated by processing solid waste into a
12 useable fuel at its refuse derived fuel processing plant by
13 transporting or having transported to and dumping such material
14 in the sanitary landfill designated herein in the City of
15 Virginia Beach; and
16 WHEREAS, the City of Virginia Beach is willing to accept
17 such power plant ash and process residue generated in the region
18 and transported by or on behalf of the Authority to the sanitary
19 landfill designated herein in the City of Virginia Beach subject
20 to the terms, provisions and conditions hereinafter set out.
21 NOW, THEREFORE, that for and in consideration of the
22 premises and tbe mutual agreements herein contained, Virginia
23 Beach and the Authority hereby agree as follows:
24 ARTICLE 1 DEFINITIONS
25 Hazardous Waste or Materials- Solid Waste, which because
26 of its quality, concentration or physical, chemical or infectious
27 characteristics may: a) cause or significantly contribute to an
28 increase in mortality or an increase in serious irreversible or
29 incapacitating reversible illness; or b) pose a substantial
30 present or potential hazard to human health or the environment
31 when treated, stored, transported or disposed or otherwise
32 managed. This shall include, but not be limited to, all material
33 listed by the Environmental Protection Agency in the Federal
34 Register Part XIX dated January 16, 1981, and any amendments or
35 modifications made to such list subsequent to that date.
36 Landfill - The disposal site located adjacent to and
37 near Centerville Turnpike or such other suitable disposal site in
38 the City of Virginia Beach provided by or designated by the City
39 of Virginia Beach in accordance with the terms of this
40 agreement.
41 Users - Authorized users shall include the Authority and
42 anyone or any company designated in writing by the Authority and
43 approved by the City of Virginia Beach.
44 Disposal Fee - The charge made by the City for the
45 disposal of power plant ash and residue and solid waste.
46 Ash and Residue - Ply and bottom ash generated from
47 combustion of solid waste in the power plant and residue from the
48 operation of trommels in the processing plant.
49 Transfer Station - A facility used for off-loading
50 sanitary solid waste from refuse collection vehicles for
51 tran @ rt via semi-tractor trailers to a refuse disposal
52 facility.
53 Agreement Year - July I through June 30 of the following
54 year.
55 Tipping Fee The charge made by the Authority to
56 Virginia Beach for the disposal of solid waste.
57 ARTICLE 2 TERM OF AGREEMENT
58 -This Agreement shall become effective upon execution by
59 the Chief Executive Officers of Virginia Beach and the Authority
60 and shall continue from that date to December 31i 2015 unless
61 sooner terminated in accordance with the terms hereof. Provided
62 that delivery of ash and process residue by and on behalf of the
63 Authority shall not begin until after payment by the Authority of
64 certain improvement costs described in Article 7 and the
65 obligations of the Authority with respect to the payment of
66 disposal charges under Article 5 hereof shall not begin until
67 first delivery of such ash and residue by the Authority. Provided
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68 further that the Agreement shall terminate in the event that
69 landfill capacity is reached and additional land cannot be
70 obtained in the City.
71 ARTICLE 3 OPERATING PROVISIONS
72 1. Types of Solid Waste - The City of Virginia Beach
73 will accept for disposal at the landfill power plant ash and
74 residue,generated from the processing of solid waste into a
75 useable fuel by the Authority and the combustion of such fuel for
76 the production of energy when delivered in Authority vehicles or
77 in vehicles owned by others who are authorized in writing by the
78 Authority prior to such delivery.
79 The City of Virginia Beach reserves the right not to
80 accept any hazardous waste or any other solid waste besides power
81 plant ash and residue as specified above. Any unacceptable
82 material which has been dumped by a user and not removed by the
83 user promptly after written or oral demand may be removed by the
84 City and costs therefor shall be charged against the Authority.
85 2. Quantity of Solid Waste - The total amount of all ash
86 and residue to be delivered and accepted at the landfill shall be
87 limited to 300,000 tons during any year without prior approval of
88 the City; provided, however, that if in any full year the amount
89 of such material delivered by or on behalf of the Authority does
90 not exceed the amount of 300,000 tons, the Authority shall have
91 the right without prior approval of the City to deliver such
92 difference in addition to the normal limit for disposal up to
93 310,000 tons during the immediately following year.
94 For purposes of this Agreement, a year shall be
95 designated as July 1 through June 30 of the following year. In
96 the event that the first year under this Agreement begins on a
97 date other than July 1, the tonnage to be accepted by tho City
98 shall be limited to 25,000 tons per month for each calendar month
99 or part of a calendar month until June 30 following such first
100 delivery.
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101 3. Landfill Hours of Operation - The landfill will be
102 open to receive solid waste during the following hours:
103 Monday-Friday 7:00 A.M. - 4:30 P.M.
104 Saturday 7:00 A.M. - 1:30 P.M.
105 Washington's Birthday 7:00 A.M. -12:00 Noon
106 memorial Day 7:00 A.M. -12:00 Noon
107 Independence Day 7:00 A.M. -12:00 Noon
108 Labor Day 7:00 A.M. -12:00 Noon
109 Veteran's Day 7:00 A.M. -12:00 Moon
110 Thanksgiving Day CLOSED
ill Christmas Day CLOSED
112 New Year's Day CLOSED
113 The landfill will be closed on Sundays.
114 Virginia Beach reserves the right to change the landfill
115 hours and schedule of operations at any time after providing
116 notice of at least ten (10) days to the Executive Director of the
117 Authority. Provided, however, that the total number of landfill
118 hours per week as indicated above will not be reduced without
119 prior written concurrence of the Authority.
120 4. measurements of Solid Waste - The landfill site will
121 be equipped by the City of Virginia Beach with vehicular scales.
122 All vehicles entering the landfill site will be weighed,
123 including the driver, before dumping. The difference between the
124 loaded weight and tare weight plus 190 pounds (driver's estimated
125 weight) will be accepted as the amount of material dumped at the
126 landfill site. Virginia Beach or the Authority reserves the
127 right to require a vehicle to be weighed empty to verify the
128 posted tare weight.
129 In the event the scales at the landfill site are
130 inaccurate or become inoperative, a minimum charge will be
131 assessed based on average vehicular loads for each type vehicle
132 to be agreed upon by Virginia Beach and the Authority. Virginia
133 Beach shall endeavor to maintain accurate scales at all times.
134 The Authority may elect and Virginia Beach agrees to allow the
135 Authority to maintain a represenative at the scale house to
136 verify the weighing of vehicles.
137 A designated representative of the Authority will be
138 given or mailed a statement, at least monthly, showing the date,
139 time, vehicle identification (owner and license number) and
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140 amount of material dumped during the period covered by such
141 statement.
142 5. Insurance - All users of landfill shall purchase and
143 maintain insurance of the types, forms and at the minimum limits
144 cited below:
145 a. Workers' Compensation Insurance at the minimum
146 Virginia statuatory limits.
147 b. Comprehensive General Liability insurance in an
148 amount not leas than $500,000 combined single limit.
149 c. Automobile Liability Insurance in an amount not less
150 than $500,00 combined single limit.
151 The liability insurance required above shall name the
152 City of Virginia Beach and the authority as additional insureds,
153 and shall be primary and not excess or contributory.
154 The Authority shall require certificates of insurance in
155 consonance with the above requirements of all nonpublic
156 transporters of material operating at the landfill on behalf of
157 the Authority.
158 The Authority shall defend and hold harmless Virginia
159 Beach, its officials, officers, agents, employees and
160 representatives from and against all loss, liability and expense,
161 including attorneys' fees caused by negligence or carelessness of
162 Authority agents or employees.
163 The Authority shall defend and hold harmless Virginia
164 Beach, its officials, officers, agents, employees and
165 representatives froni and against all loss, liability and expense,
166 including attorney's fees caused by or arising out of the disposal
167 of ash and residue pursuant to this Agreement.
168 The Authority shall maintain in full force and effect
169 during the term of this Agreement insurance of the type, form and
170 at the minimum limits cited below:
171 a. workers' Compensation Insurance at the-minimum
172 Virginia Statutatory limits.
173 b. Comprehensive General Liability Insurance in an
174 amount not less than $1,000,000 combined single
175 limit.
176 c. Automobile Liability Insurance in an amount not less
177 than $500,000 combined single limit.
178 Virginia Beach may at its descretion obtain an
179 environmental pollution protection insurance policy in the amount
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180 of $1,500,000. The cost of such insurance if obtained shall be
181 included in the definition of reasonable costs of the landfill.
182 6. Conditions of Use - The City of Virginia Beach will
183 mako reasonable efforts to obtain all necessary permits, but
184 without any requirement to seek same through court action.
185 Virginia Beach shall make every reasonable effort to provide and
186 maintain adequate equipment, personnel, roads, and access ways at
187 and to the landfill site and shall operate the landfill in
188 accordance with the permit requirements.
189 Vehicles entering upon the landfill under the agreement
190 shall proceed promptly to and unload at the location designated
191 by an employee or representative of the City of Virginia Beach at
192 the landfill. In the event of breakdown of a vehicle the owner
193 shall be promptly notified by the driver and/or landfill employee
194 or representative and the owner shall be responsible for removing
195 the disabled vehicle within twenty-four (24) hours. In the event
196 the disabled vehicle is not removed within twenty-four (24)
197 hours, Virginia Beach may proceed to remove or have removed the
198 disabled vehicle and the owner and/or the Authority will be
199 responsible for and pay such removal charges and/or expenses
200 incurred prior to release of said vehicle to the owner; and the
201 City of Virginia Beach will not be responsible or liable for any
202 damage to said vehicle by reason of such removal.
203 7. Alternate Di@sal Site - In the event the City
204 Council or the City Manager of the City of Virginia Beach
205 determines that the landfill is or becomes unable to accept ash
206 and residue for any reason other than the landfill capacity being
207 reached, an alternate disposal site under the control of Virginia
208 Beach may be designated by such Council or City Manager. In the
209 event an alternate disposal site is selected, the Authority shall
210 not be obligated to pay any increased costs, in addition to the
211 disposal charge as set forth in Article 5 of this Agreement, which
212 are caused directly by the designation and use of such alternate
213 site. For the purpose of this paragraph the decision of Virginia
214 Beach will be final and binding.
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215 8. Jurisdiction Virginia Beach shall have and
216 reserves the right to control operations at the landfill and to
217 promulagate reasonable rules and regulations necessary to the
218 efficient, safe, and sanitary operation and preservation
219 thereof.
220 ARTICLE 4 INTERRUPTION OF SERVICE
221 The following shall relieve the City of Virginia Beach
222 of any default hereunder: a) natural disasters; b) war, riots or
223 civil commotion; c) labor disputes or strikes; d) a6cident or
224 breakdown of machinery or equipment; e) future requirements
225 adopted by regulatory agencies subsequent to the date of
226 execution of this Agreement; f) injunction; g) any other
227 condition, rule, regulation, resolution, ordinance ' or law adopted
228 by a higher authority than Virginia Beach; h) any cause beyond the
229 reasonable control of Virginia Beach. The above provision in this
230 Article shall apply only if it directly precludes continuation of
231 the landfill.
232 if Virginia Beach shall be unable to operate the
233 Landfill or to accept or dispose of ash and residue pursuant to
234 this Agreement by reason of such cause beyond its control or for
235 any other reason, Virginia Beach shall use due diligence to cure
236 or correct any such cause or condition; provided, however, that
237 such obligation shall specifically exclude any duty to reach
238 agreement in a labor dispute or settle or compromise
239 litigation.
240 ARTICLE 5 DISPOSAL CHARGES
241 1. Fee Schedule - For the disposal service to be
242 provided by Virginia Reach hereunder, the Authority shall pay to
243 Virginia Beach the reasonable costs incurred by Virginia Beach in
244 operating the landfill, less all revenues received by Virginia
245 Beach from tipping fees from private haulers. Such reasonable
246 costs shall include all operating expenses and indirect costs of
247 the City Bureau of Refuse Disposal, and other allocated costs in
248 accordance with gener.ally accepted accounting practices and/or
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249 principles, as well as capital expenditures relative to regulatory
250 compliance and/or site preparation or modification required to
251 permanently dispose of ash and residue pursuant to this Agreement
252 and Virginia Beach non-processible waste not delivered to an
253 Authority Transfer Station. The definition of reasonable costs
254 includes, but is not limited to, those items shown in Exhibit *A"
255 which is attached hereto and made a part hereof. The Authority
256 agr4es to make such payment to Virginia Beach irrespective of
257 whether the Authority makes use of the landifll for disposal and
258 the manner, volume or schedule of such use.
259 2. Adjustment to Reasonable Costs - Such costs shall
260 include an adjustment if the per ton rate for the tipping fee paid
261 by Virginia Beach is raised by the Authority to a rate greater
262 than that rate as shown in the column denoted as "calculated rate@
263 for the coriesponding year contained in Exhibit "B' which is
264 attached hereto and made a part hereof.
265 Such adjustment shall be made based on the difference
266 between the increased rate and the rate as shown in the column
267 denoted as "calculated rate' for the corresponding year as
268 contained in Exhibit "B' multiplied by the number of tons
269 del ivered in Virginia Beach municipal vehicles and accepted at an
270 Authority transfer station. This adjustment shall be added to the
271 reasonable costs mentioned in subsection 1 of this Article.
272 3. Method of Payment - An invoice will be submitted by
273 Virginia Beach to the Authority within 30 days from the end of
274 each month. The invoice will include a list of all reasonable
275 costs which constitute the disposal charge. Payment shall be due
276 within 20 days from the date such invoice is mailed to the
277 Authority. Payments not received when due shall accrue interest
278 at the rate of 1.5% per month on the total unpaid balance due and
279 payable, until paid.
280 4. Envirortmental Protection Trust Fund - The Authority
281 shall, commencing on the date of first delivery of material under
282 the Agreement, establish an Environmental Protection Trust Fund
283 (Trust Fund), in a form suitable and approved by the VirginiA
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284 Beach City Attorney. The Authority shall initially contribute to
285 the Trust Fund $25,000 and contribute not less than $5,000
286 annually thereafter. The first such contribution shall be
287 deposited in the Trust Fund within 12 months of the date of the
288 commencement of the initial operation of the Landfill, and
289 subsequent annual contributions shall be made through the year of
290 cessation of this Agreement. The Trust Fund shall be in the form
291 of an interest bearing account, administered by a financial
292 institution jointly selected by both Virginia Beach and the
293 Authority, and such Trust Fund shall remain in existence for a
294 period of thirty (30) years after cessation of operations at the
295 landfill, Upon expiraton of such thirty (30) year period, all
296 accrued and unused income and principal shall be distributed to
297 each city and county which is a user of the Disposl System during
298 the term of the Trust Fund, in the same proportion which the
299 aggregate amount of Tipping Fees paid by such city or county bears
300 to the total amount of Tipping Fees paid by all such cities and
301 counties during the term.
302 The Authority shall prepare and submit to Virginia Beach,
303 on an annual basis, commencing within the year of initial
304 operation of the landfill, through the year of cesstion of
305 operation of the landfill, a status report detailing all funds
306 contributed and all interest accrued on such Trust Fund.
307 It is expressly understood by both the Authority, and its
308 successors, and Virginia Beach that the purpose of the
309 aforementioned Trust Fund shall be to address all costs related to
310 any legal suits, mitigation claims, or similar activities relating
311 to environmental pollution or groundwater damage claims from the
312 disposal of ash and residue made against the landfill, during the
313 thirty (30) year period after cessation of operation of the
314 lanfill. It is further expressly understood that, during said
315 thirty (30) year period, Virginia Beach and the Authority shall
316 have exclusive control of the Trust Fund and all disbusements made
317 therefrom shall be at the joint discretion of the City and Authority.
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318 ARTICLE 6 REMEDIES OF DEFAULT
319 in the event that either party to this Agreement shall
320 default in the payment or payments of amounts due hereunder, when
321 same shall become due and payable or in the performance of any of
322 such party's other obligations under this Agreement and any such
323 default shall continue for thirty (30) days after written notice
324 thereof to the defaulting party, then and in such event, the
325 non-defaulting party, in addition to other remedies provided by
326 law, shall have the right to declare this Agreement to be
327 terminated.
328 ARTICLE 7 INITIAL COSTS
329 1. The City of Virginia Beach may acquire or designate
330 153 acres of land to be used for disposal of material under this
331 Agreement. In the event Virginia Beach acquires land to comply
332 with the terms of this Agreement, the Authority shall pay to
333 Virginia Beach an amount equal to the actual cost to Virginia
334 Beach for acquisition of such land. In the event Virginia Beach
335 designates land previously purchased to comply with the terms of
336 this Agreement, the Authority shall pay the greater of actual
337 cost or the appraised value of such land. Actual cost shall be
338 determined by the purchase price of the land, plus all other
339 reasonable associated costs including but not limited to
340 appraisal costs, interest, surveying charges, legal fees and debt
341 service. The appraised value shall be determined by an appraiser
342 selected by Virginia Beach and approved by the Authority.
343 Payment by the Authority of such initial costs shall be
344 made at least 10 days prior to the first delivery of material to
345 be disposed of under this Agreement. Such payment shall be in
346 addition to and separate from payments described in Article S.
347 2. In the event that the Authority and Virginia Beach
348 agree in writing that land additional to the 153 acres mentioned
349 in Article 7.1 is required at any time for disposal of material
350 under this Agreement, the Authority shall pay to Virginia Beach
351 the actual cost of such additional land (as defined in Article 7.1
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352 above) prior to the closing date of the purchase. In the event of
353 condemnation by Virginia Beach, the Authority shall pay to
354 Virginia Beach the amount required for filing the condemnation
355 prior to such filing.
356 The amount of additional land to be purchased and the
357 cost thereof shall be subject to the reasonable approval by the
358 Authority prior to any commitments by Virginia Beach for such
359 additional purchases.
360 Nothing in this paragraph shall be construed so as to
361 require any payment by the Authority for land purchased by
362 Virginia Beach which is designated as an alternate disposal site
363 under Article 3.
364 ARTICLE 8 TRANSFER STATION
365 SPSA shall purchase the transfer station operated by the
366 City of Virginia Beach located at 2025 Virginia Beach Boulevard.
367 The purchase price shall be determined by the actual cost to
368 Virginia Beach of building such transfer station. Actual costs
369 shall include all reasonable associated building costs including
370 but not limited to purchase price of the land, appraisal costs,
371 surveying charges, interest, legal fees and debt service.
372 SPSA shall build an additional transfer station at a
373 location acceptable to Virginia Beach. Both transfer stations
374 shall be operated at and be equipped to provide sufficient
375 capacity for collection vehicles to off-load refuse in less than
376 30 minutes of waiting time.
377 For any and all such transfer stations owned by the
378- Authority and located within the City of Virginia Beach, the
379 Authority shall pay to Virginia Beach a charge in lieu of taxes.
380 Such charge shall be calculated by applying the current real
381 estate tax rate of the City to the assessed fair market value of
382 the real property and all improvements thereto which comprise such
383 transfer station.
384 Such transfer stations will be operated by SPSA
385 according to the same rules, regulations, and tipping fees as
386 that administered by SPSA at the transfer station in the
387 City of Virginia Beach located at 2025 Virginia Beach
388 Boulevard.
389 ARTICLE 9 ARBITRATION
390 All claims, disputes and other matters in question
391 arising out of, or relating to this Agreement or the breach
392 thereof, may be decided by arbitration in accordance with the
393 rules of the American Arbitration Association then obtaining upon
394 the mutual consent of the parties.
395 ARTICLE 10 TERMINATION
396 This Agreement may be terminated by either party prior
397 to the normal expiration date set forth in Article 2 by mutual
398 consent of the executive officers of the two parties at any
399 time.
400 The Authority shall have the right to terminate this
401 Agreement upon thirty (30) days notice to Virginia Beach if
402 Virginia Beach fails to obtain the land required for disposal of
403 material under this Agreement or fails to obtain all necessary
404 permits and approvals for operation of the Landfill within
405
406 eighteen (18) months after the Authority begins construction of
407 its facilities for processing of solid waste into useable fuel.
408 The Authority shall give Virginia Beach written notice of the
409 date on which such construction commences, within fifteen (15)
410 days of commencement, and the date so specified by the Authority
411 shall be conclusive for purposes of this paragraph.
412 ARTICLE 11 NOTICE
413 Any notice provided for herein to be given to Virginia
414 Beach shall be sufficient if delivered in person to the City
415 Manager of Virginia Beach or mailed by U.S. mail to him at the
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416 City of Virginia Beach, Virginia. Any notice provided for herein
417 to be given to the Authority shall be sufficient if delivered in
418 person to the Executive Director of the Authority or mailed by
419 U.S. mail to him at the Authority's offices. The date of posting
420 shall be deemed to be the date of giving of any notice if said
421 notice is mailed.
422 ARTICLE 12 GENERAL
423 In the event any provision of this Agreement shall be
424 held to be invalid and unenforceable, the remaining provisions
425 shall be valid and binding upon the parties. one or more waivers
426 by either party of any provision, term, condition or covenant
427 shall not be construed by the other party as a waiver of a
428 subsequent breach of the same by the other party.
I
429 CITY OF VIRGINIA BEACH
430 By
431 Thomas H. Muehlen ec
432 City Manager
433 Ruth Hodges Smith
434 City Clerk
435 SOUTHEASTERN PUBLIC SERVICE
436 AUTHORITY OF VIRGINIA
437 By
438 ATTEST:
439
440 STATE OF VIRGINIA
441 CITY OF VIRGINIA BEACH, to-wit:
442 1, . a Notary
443 Public in and for the City and State aforesaid, do hereby certify
444 that THOMAS H., MUEHLENBECK, City Manager and RUTH HODGES SMITH,
445 City Clerk, on behalf of the City of Virginia Beach, Virginia,
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446 whose names are signed to the foregoing writing bearing date on
447 the _ day of , 198-, have acknowledged the same
448 before me in my City and State aforesaid.
449 GIVEN under my hand this _ day of 01
450 198-.
451
452 Notary Public
453 My Commission Expires:
454 STATE OF VIRGINIA
455 CITY OF VIRGINIA BEACH, to-wit:
456 I, a Notary
457 Public in and for the City and State aforesaid, do hereby certify
458 that (Title) and
459 (Title) on behalf of SOUTHEASTERN
460 PUBLIC SERVICE AUTHORITY OF VIRGINIA, whose names are signed to
461 the foregoing writing bearing date on the - day of
462 198-, have acknowledged the same before me in my City and State
463 aforesaid.
464 GIVEN under my hand this day of
465 198-.
466
467 Notary Publ c
468 My Commission Expires:
5/6/83
6/6/83
6/20/84
6/22/84
(AGREE 18)
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Item II-K.5
NEW BUSINESS ITEM # 22142
ADD-ON
JULY EVALUATION OF
DIRECT APPOINTEES
Upon motion by Councilman Heischober, seonded by Councilman Jones, City
Council RESCHEDULED the EVALUATION of DIRECT APPOINTEES for the City
Council Meeting on August 13, 1984.
Voting: 8-0
Council Members Voting Aye;
John A. Baum, Harold Heischober, Vice Mayor Barbara M. Henley,
H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones,
Reba S. McClanan, and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Nancy A. Creech, W. H. Kitchin, ITI, and J. Henry McCoy, Jr., D.D.S.
June 25, 1984
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ITEM II-L. I
RECESS INTO
EXECUTIVE SESSION ITEM # 22143
In accordance with Section 2.1-344, Code of Virginia, as amended, and upon
motion by Vice Mayor Henley, seconded by Councilman Heischober, City
Council voted to RECESS into EXECUTIVE SESSION for Personnel, Legal and
Personal Matters after which to RECONVENE in the Council Chambers at 12
Noon, Wednesday, June 27, 1984, for the awarding of a bid or bids for
the sale of General Obligation Bonds and Council Appointments. (9:09 p.m.)
Voting: 8-0
Council Members Voting Aye:
John A. Baum, Harold Heischober, Vice Mayor Barbara M. Henley,
H. Jack Jennings, Jr., Mayor Louis R. Jones, Robert G. Jones,
Reba S. McClanan, and Meyera E. Oberndorf
Council Members Voting Nay:
None
Council Members Absent:
Nancy A. Creech, W. H. Kitchin, III, and J. Henry McCoy, Jr., D.D.S.
*Councilman Baum left the Executive Session at 9:35 p.m.
*The EXECUTIVE SESSION ended at 9:55 p.m.
June 25, 1984