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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 - 4 - 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 - 6 - 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 -2- 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. -3- 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 -4- 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 -5- 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. -6- 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 -7- 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 -8- 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. -9- 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 -10- 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 -12- 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, -13- 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) -14- - 43 - 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 - 44 - 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